Agenda — Avalon City Council, November 28, 2023 (part 1 of 2)

AVALON CITY COUNCIL MEETING
TUESDAY, NOVEMBER 28, 2023 - 5:00 PM
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361
AGENDA
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35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the public inspection 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 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 the general public. Once the Council Chambers reach maximum occupancy (as determined by the Fire Chief), the general public may participate in Oral Communication and address the City Council on an agenda item in person by waiting in the City Hall Court Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-19. Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via Zoom or by sending comments to [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: 825 3566 0192
Passcode: 762372
When you would like to comment during the meeting enter *9 on the phone's key pad to activate the "raise hand" button at the time the Agenda Item is being presented for City Council consideration.

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

ANNOUNCEMENTS / WRITTEN COMMUNICATIONS

CITY COUNCIL AGENDA
NOVEMBER 28, 2023
PAGE 2

DEPARTMENT HEAD REPORTS

CITY MANAGER REPORT / CITY ATTORNEY REPORT

COUNCILMEMBER REPORTS / MAYOR REPORT

ORAL COMMUNICATION
PRESENTATIONS - None

CONSENT CALENDAR
Minutes
Although the live recording is the official record of public meetings, actions are prepare for the Council's approval
Recommended Action
Approve minutes from the November 2, 2023 Special City Council Meeting and November 7, 2028 regular City Council Meeting.

Warrants
Expenditures Submitted for Approval
• Warrants in the amount of $635,233.43.
• Two payroll totaling $477,018.53.
• Two electronic fund transfers totaling $93,819.28.

Recommended Action
Approve total expenditures for October 30, 2023 through November 17, 2023 totaling $1,206,071.24.

Findings to Continue to Hold Remote Teleconference/Virtual City Council Meetings Pursuant to Assembly Bill 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 makes the 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; Having made the findings, the City Council can continue every 30 days to authorize meetings under AB 261 to protect the health or safety of attendees.

Recommended Action
Reconsider 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

CITY COUNCIL AGENDA
NOVEMBER 28, 2023
PAGE 3
COVID-19, and as such, that continuing to utilize the protections of Assembly Bill 361 will protect the health and safely of attendees.

4. Adopt an Ordinance Amending Title 3, Chapter 3-1, Section 3-1.116 Revocation or Suspension of Licenses of the Avalon Municipal Code
This ordinance was introduced and all further readings waived during the November 7, 2023 regular City Council Meeting. City Staff recommend amending Title 3, Chapter 3-1, Section 3-1.116 Revocation or Suspension of Licenses of the Avalon Municipal Code (AMC) to broaden potential revocable or suspension violations to include noncompliance with any local, state or federal regulation.

Recommended Action
Adopt an ordinance of the City of Avalon amending Title 3, Chapter 3-1, Section 3-1.116 Revocation or Suspension of Licenses of the Avalon Municipal Code.

Resolution Approving the Title VI Plan Relating to Section 5309 Funds The City has numerous federal grants, the largest being the Cabrillo Mole Phase I Reconstruction and Cabrillo Mole Phase II Terminal Project. As a condition of receiving federal grant funds the City must have an approved Title VI Plan which must be updated every three years.

Recommended Action
Adopt the resolution approving the updated City of Avalon Title VI Plan as it relates to federal funding.

6. Declare Six (6) Spin Bikes as Surplus Equipment
Historically, the City Council is presented with a list of items that are surplus, the Council formally declares the items as surplus, and then the declared items are sold via Public Surplus, donated to charity, or disposed of properly. Staff have complied a list of equipment that is no longer used.

Recommended Action
Adopt a resolution declaring equipment listed in the resolution as surplus property and authorize the City Manager to dispose of it in accordance with City policy.

7. Resolution to Oppose California Business Roundtable Statewide Initiative, Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act The California Business Roundtable filed the "Taxpayer Protection and Government Accountability Act" ('the Act") which has qualified for the November 2024 ballot. The Act would amend the California Constitution with provisions that limit voters' authority and input, adopt new and stricter rules for raising taxes and fees, and make it more difficult to impose fines and penalties for violation of state and local laws. The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly oppose the Act.

Recommended Action
Consider for adoption a resolution opposing a statewide ballot measure submitted by the California Business Roundtable and joining the "Stop the Corporate Tax Trick" coalition.

CITY COUNCIL AGENDA
NOVEMBER 28, 2023
PAGE 4

8. Avalon Wastewater Treatment Plant Chlorine Contact Tank Coating Procurement On November 7, the City Council authorized repairs to the chlorine contact tank to include chipping out all of the spalled concrete, replacing any corroded rebar and then forming and repairing the concrete. The City has contracted with Slater Waterproofing, Inc. to perform the work. Additionally, the City wishes to enter into another agreement with Slater Waterproofing, Inc. to sandblast the walls of the chlorine contact tank and coat the floors and walls with two coats of Sikagard 62.

Recommended Action
Authorize the procurement of supplies, equipment and services for coating the chlorine contact tank at the WWTP chlorine tank for a not to exceed sum of $45,000.

9. Extending the City's the Deadline to Establish an Online Permitting System for Post- Entitlement Phase Permits in Accordance with State Law
Among other things, AB 2234 requires local agencies to implement an online permitting system that allows applicants to apply for, check the status of, complete and retrieve post- entitlement phase permits by January 1, 2024. AB 2234 authorizes any local agency subject to the deadline to give itself an extension of up to two years if its legislative body (1) makes a written finding that adopting an online permitting system by January 1, 2024, would require substantial increases in permitting fees; and (2) has initiated a procurement process for the purpose of complying with the online permitting system requirement.

Recommended Action
Adopt the resolution which will extend the City's deadline to establish an online permitting system for post-entitlement phase permits to January 1, 2026.

PUBLIC HEARING

10. Revised Fiscal Year 2023-2024 Miscellaneous Fee Schedule The City charges fees for miscellaneous public services, use of City facilities and equipment rental and other activities. User fees are assessed and collected for City services and programs provided by various departments. The Avalon Fire Department plans to utilize a software program to allow third party inspectors to upload reports and certifications. The fee is passed from the reporting system directly to the user.

Recommended Action
(1.) Hear a presentation regarding the Miscellaneous Fee Schedule. (2.) Open the Public Hearing to hear public comments. (3.) Close the Public Hearing. (4.) If consensus, adopt the fee schedule with revisions as proposed.

11. Public Hearing - Appeal of the Decision of the Vehicle Hearing Officer: Denial of a Renewal for a Commercial Autoette Permit
On September 28, 2023 Lily Young Chu, on behalf of Dive Catalina, filed a timely appeal to a decision of the Vehicle Hearing Officer denying the renewal of a commercial autoette permit. The proposed vehicle, a Kawasaki Mule is not an autoette as it exceeds the maximum width established by the Avalon Municipal Code.

CITY COUNCIL AGENDA
NOVEMBER 28, 2023
PAGE 5
Recommended Action
(1.) Open the Public Hearing. (2.) Receive Public Comment. (3.) Close the Public Hearing. (4.) Consider applicants appeal and determine to either a.) Uphold the decision of the Vehicle Hearing Officer; or b.) Overturn the decision of the Vehicle Hearing Officer.

GENERAL BUSINESS

12. Authorization to Purchase Spare Pump for Catherine Lift Station PERC Water maintains the City's Wastewater Treatment Plant, which includes the Catherine Sewage Lift Station. The lift station is a key component of City infrastructure, and any operational downtime can lead to serious consequences. A spare pump ensures a swift response to pump failures.

Recommended Action
(1.) Make the affirmative finding that the Xylem, Inc. has satisfied the sole source requirement as specified in the Avalon Municipal Code Section 3-4.111(b). (2.) Authorize the purchase of a Flygt 6" submersible sewage pump from Xylem, Inc. to be placed in inventory and be available for immediate replacement for a not to exceed cost of $28,500. (3.) Allocate funds from Sewer Fund 108-25-6552 for the procurement in the amount of not to exceed $28,500.

13. Approval of Encroachment Permit for a Grease Interceptor within Third Street Adjacent to the Lobster Trap Restaurant
Caleb Lins owner of the Lobster Trap restaurant located at 126 Catalina Avenue, is requesting approval of a Site Plan for installation of a 750 gallon grease interceptor within Third Street - a portion of the public street located adjacent to the Lobster Trap location.

The proposed installation of a grease interceptor in the public right-of-way for an existing restaurant, is in conformance with planning entitlements for expansion of the restaurant as approved by the Avalon Planning Commission. Due to the physical size of the interceptor and the unique density of Avalon's commercial zone, use of the public right of way is necessary.

Recommended Action
(1.) Approve an encroachment permit for a 750-gallon grease interceptor within Third Street adjacent to 126 Catalina Avenue, the Lobster Trap restaurant; and (2.) Authorize the City Manager to negotiate with the property owner to determine the precise location of the installation, and the amounts of the required bond and liability insurance.

14. Authorization to Upgrade Communication Equipment at WWTP PERC Water maintains the City's Wastewater Treatment Plant, and have requested to have TLC replace the existing communication equipment that allows plant operators to monitor the sewage lift stations, and saltwater pump stations remotely. The existing pitest is our and communication equipment is outdated, and no longer works with our AT&T landline service. This has created a hardship for staff at the plant as they must manually monitor all facilities, which can be very time consuming. The status of the existing equipment is also a danger as many of the alarm and notification systems can no longer can be utilized.

CITY COUNCIL AGENDA
NOVEMBER 28, 2023
PAGE 6
Recommended Action
(1.) Authorize PERC Water to have The LeMasters Company (TLC) replace the existing commination equipment for the Wastewater Treatment Plant (WWTP) with the radio based Phoenix System. (2.) Allocate funds from Sewer Fund 108-25-6552 for the procurement in the amount of not to exceed $110,522.50.

Annual Love Catalina Tourism Authority Report
Each fiscal year an allocation from the General Fund equal to 22% of the Transient Occupancy Tax (TOT) is allotted to the Catalina Island Chamber of Commerce and Visitors Bureau, Inc. dba Love Catalina Tourism Authority (Love Catalina) to support promotion and music in Avalon.

Recommended Action
Receive and file report

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Initiation of litigation pursuant to 54956.9(c):

One (1) case.

2. PUBLIC EMPLOYEE APPOINTMENT
Title: City Clerk

ADJOURN

NOTICE OF POSTING
1, Devin Hart, declare that the City Council Agenda for Tuesday, November 28, 2023 was posted on Tuesday, November 21, 2023 on the City's website www.cityofavalon.com/agendacenter, and at City Hall, 410 Avalon Canyon Road.

Di Elia Hant
Devin Elise Hart, Management Analyst

CITY OF AVALON CITY COUNCIL
MEETING DATE: November 28, 2023 AGENDA ITEM: 1
ORIGINATING DEP: City Clerk CITY MANAGER: AMM
PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the November 2, 2023 Special City Council Meeting and the November 7, 2023 Regular City Council Meeting.

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

FISCAL IMPACTS: N/A.

GOAL ALIGNMENT: Not Aligned.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: File minutes in the City Clerk's office.

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

ATTACHMENTS:
• November 2, 2023 Special City Council Meeting Minutes • November 7, 2023 Regular City Council Meeting Minutes (provide under separate cover)

SPECIAL AVALON CITY COUNCIL MEETING
THURSDAY, NOVEMBER 2, 2023 - 4:30 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 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 distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.

Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via Zoom or by sending comments to [email protected].

CALL TO ORDER- 4:30 p.m.

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

WRITTEN COMMUNICATIONS-City Staff received two letters opposing and 5 letters in support of Item #1 An Ordinance of the City of Avalon Amending Title 6, Chapter 6-1, Section 6-1.128 Animal Care of the Avalon Municipal Code and Adoption of Exemption Findings Under the California Environmental Quality Act. Copies have been distributed to City Council and are on file in the City Clerk's office.

ORAL COMMUNICATION-City Staff received one email from Kate Ruddon regarding the Catalina Island Conservancy's report on invasive grass removal and mule deer removal on Channel 7 News.

CLOSED SESSION- 4:36 p.m.-5:09 p.m.

Following the appropriate announcement of the Closed Session item the City Council went into Closed Session to discuss the following:

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:

One (1) case.

Following Closed Session the City Attorney announced there was no reportable action.

SPECIAL CITY COUNCIL MINUTES
NOVEMBER 2, 2023
PAGE 2

GENERAL BUSINESS
An Ordinance of the City of Avalon Amending Title 6, Chapter 6-1, Section 6-1.128 Animal Care of the Avalon Municipal Code and Adoption of Exemption Findings Under the California Environmental Quality Act
Introduced and waived all further readings of an ordinance of the City of Avalon amending Title 6, Chapter 6-1, Section 6-1.128 Animal Care of the Avalon Municipal Code and Adoption of Exemption Findings under the California Environmental Quality Act with the following changes:

Section § 6-1.128 Animal Care, Section (d) omit "feral cats" Section § 6-1.128 Animal Care, Section (g) add the word "poison".

Section § 6-1.128 Animal Care, Section (i) omit "calendar year" Motion to approve made by Lisa Lavelle, seconded by Yesenia De La Rosa. (All Ayes) Mayor Marshall adjourned the meeting at 6:02 p.m.
1, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the Special City Council Meeting on November 2, 2023, is the official record of the Council Meeting and is on file and maintained in City Hall.

Babelle Merves
Gabrielle Morones, Deputy City Clerk

AVALON CITY COUNCIL MEETING
TUESDAY, NOVEMBER 7, 2023
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361

Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via Zoom or by sending comments to [email protected].

CALL TO ORDER-5:00 p.m.

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

WRITTEN COMMUNICATIONS-City staff received one Written Communication from Catalina Business Enterprises regarding questions from the October 3, 3023 City Council Meeting in regards to rental golf carts. Copies were distributed to city council and are on file in the City Clerk's office.

PRESENTATIONS-None.

CONSENT CALENDAR-There were 7 Items on the Consent Calendar. Motion to approve Items #1-#7 made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)

1. Minutes
Approved minutes from the October 17, 2023 regular City Council Meeting.

CITY COUNCIL MINUTES
NOVEMBER 7, 2023
PAGE 2
Warrants
Approved warrants in the amount of $2, 156,032.14, one payroll totaling $231,039.92, two electronic fund transfers totaling $49,450.01 for a total of $2,436,522.07 for October 9, 2023 through October 27, 2023
Findings to Continue to Hold Remote Teleconference/Virtual City Council Meetings Pursuant to Assembly Bill 361
Reconsidered 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 will protect the health and safely of attendees.

4. Fiscal Year 2023-2024 First Quarter Treasurer's Report Adopted Resolution No. SA 23-39 of the City Council of the City of Avalon/Successor Agency to the Avalon Community Improvement Agency Adopting the Treasurer's Investment Report for Fiscal Year 2023/2024 First Quarter.

5. Avalon Kids Baseball Lease
Authorized the City Manager to enter into a lease agreement with Avalon Kids Baseball to store a storage shed at Joe Machado Field.

6. Adopt an Ordinance Amending Title 6, Chapter 6-1, Section 6-1.128, Animal Care, of the Avalon Municipal Code and Adoption of Exemption Findings under the California Environmental Quality Act
Adopted Ordinance No. 1214-23 of the City of Avalon Amending Title 6, Chapter 6-1, Section 6-

1.128 Animal Care of the Avalon Municipal Code and Adoption of Exemption Findings Under the California Environmental Quality Act.

Declaration of Surplus Property - "Southwesterly 2 Feet" of Tremont Avenue (1) Adopted Resolution No. 23-40 of the City Council of the City of Avalon Declaring Specified Property to be Exempt Surplus Land Pursuant to Government Code Section 54221(F)(1)(B) and Authorizing the Sale Thereof; and (2) Authorized the City Manager or his designee to sell the property, in accordance with the City's policy, to the adjacent landowners - Cory Hoyt and George Paquette.

GENERAL BUSINESS
2023 Community Survey Report
Received and filed the 2023 Community Income Survey Report.

CITY COUNCIL MINUTES
NOVEMBER 7, 2023
PAGE 3

9. First Reading of an Ordinance Amending Title 3, Chapter 3-1, Section 3-1.116 Revocation or Suspension of Licenses of the Avalon Municipal Code Introduced and waived all further readings of an ordinance of the City of Avalon amending Title 3, Chapter 3-1, Section 3-1.116 Revocation or Suspension of Licenses of the Avalon Municipal Code.

Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)

10. Avalon Destinations LLC Transportation Permit Application Consensus for approval was reached, made the affirmative finding that the criteria set forth in Avalon Municipal Code Section 5-14.04 has been meet with the following conditions: 1) The Transportation Permit is approved for Shari Cobb's personal, residential autoette, not her commercial autoette. If the applicant would like to add additional vehicles or utilize her commercial vehicle the applicant will need city approval; and 2) Pick-up location at Cabrillo Mole will need to be stationed on-street; not at the roundabout.

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

11. ICON of Avalon Transportation Permit Application
Item will be continued to a future City Council Meeting to have the applicant meet with Southern California Edison and City Staff to address the following concerns: 1) Determine who is responsible for the storage and disposal of old/damaged autoette batteries; 2) Develop a plan to mitigate any battery fires for the Pebbly Beach warehouse/storage location; and 3) Consider creating a berm to protect the Pebbly Beach warehouse/storage location from flooding and damaging Icon fleet.

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

12. Avalon Wastewater Treatment Plant Soffit Repair and Chlorine Tank Replacement Procurement
(1) Made the affirmative finding that the City will not gain a competitive advantage by using the formal contract bid or other competitive procedure as outlined by the Avalon Municipal Code Section 3-4.111 (c); (2) Authorized the procurement of supplies, equipment and services for the replacement and repair of the WWTP soffit for a not-to- exceed sum of $65,000; and 3) Authorized the procurement of supplies, equipment and services for the replacement and repair of the WWTP chlorine tank for a not-to-exceed sum of $145,000.

Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)

CITY COUNCIL MINUTES
NOVEMBER 7, 2023
PAGE 4

13. Authorize the Solicitation of a Request for Bids for the Five Corner Pedestrian Improvements Project
(1) Authorized the solicitation of a request for bids for the construction contract for the Five Corner Intersection Enhancement and Safety Improvement Project. (2) Approved the design and construction plans of the project. (3) Authorized the City Manager or his designee to modify plans as needed for compliance with funding agencies.

Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes) Mayor Marshall adjourned the meeting at 7:11 p.m.
1, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the Regular City Council Meeting on November 7, 2023, is the official record of the Council Meeting and is on file and maintained in City Hall.

Saliella Morones
Gabrielle Morones, Deputy City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: November 28, 2023 AGENDA ITEM: 2
ORIGINATING DEP: Finance CITY MANAGER: AMM
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve the disbursements for October 30, 2023 through November 17, 2023 totaling $1,206,071.24.
marants staling S835,23343, dispares to ting 5477,018.53, and othere copie cond warrants totalina $635,233.43
transfers totaling $93,819.28.

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 37012 - 37073 635,233.43
236,716.36
PAYROLL 240,302.17 11/17/23
EFT - CALPERS MEDICAL 83,039.35 11/02/23
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 10,779.93 11/17/23 TOTAL DISBURSEMENTS 1,206,071.24
GOAL ALIGNMENT: Ongoing meeting of City obligations.

FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in the 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

CITY OF AVALON
OCTOBER 30, 2023 - NOVEMBER 17, 2023 DISBURSEMENTS
November 28, 2023

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 37012 - 37073 $ 635,233.43 11/09/23 PAYROLL 236,716.36 11/03/23
PAYROLL 240,302.17 11/17/23
EFT - CALPERS MEDICAL 83,039.35 11/02/23
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 10,779.93 11/17/23 TOTAL DISBURSEMENTS S 1,206,071.24

CERTIFICATE
IN ACCORDANCE WITH SECTION 32702

OF THE GOVERNMENT CODE, I CERTIFY

THAT THE ABOVE DEMANDS ARE ACCURATE

AND THAT FUNDS ARE AVAILABLE FOR
PAYMENT.

APPROVED AND AUDITED THIS
28TH DAY OF NOVEMBER 2023 I CERTIFY UNDER PENALTY OF PERJURY

THAT THE FOREGOING IS TRUE AND
CORRECT.

AUDIT COMMITTEE - LISA LAVELLE EXECUTED THIS 28TH DAY OF NOVEMBER 2023

AUDIT COMMITTEE - MARY SCHICKLING FINANCE DIRECTOR - MATTHEW BAKER

CITY OF AVALON

WARRANT DISBURSEMENTS
November 28, 2023

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
37012 11/1/2023 30,573.43 ARROYO INSURANCE SERVICES INSURANCE POLICY FY24 37013 11/09/2023 3,091.79 AAA OIL, INC FUEL - ALL DEPARTMENTS 37014 11/09/2023 576.55 AFLAC INSURANCE - 10/2023
37015 11/09/2023 170.20 AIR SOURCE INDUSTRIES SERVICE - FIRE 37016 11/09/2023 1,809.00 AL NGASH, FILWA REFUND - AMBULANCE 37017 11/09/2023 2,309.56 AMAZON CAPITAL SERVICES, INC. SUPPLIES - ALL DEPARTMENTS 37018 11/09/2023 174,687.06 CR&R INCORPORATED CONTRACT SERVICE - 10/2023 37018 11/09/2023 5,711.70 CR&R INCORPORATED SWEEPER - 10/2023 37019 11/09/2023 1,105.41 AVALON FREIGHT SERVICES, LLC FREIGHT - ALL DEPARTMENTS 37020 11/09/2023 2,807.00 BEYOND SOFTWARE SOLUTIONS CONTRACT SERVICE - IT 37021 11/09/2023 953.39 BOUND TREE MEDICAL SUPPLIES - FIRE 37022 11/09/2023 2,788.44 CATALINA BEVERAGE CO SUPPLIES - ALL DEPARTMENTS 37023 11/09/2023 50,419.40 CATALINA EXPRESS SUBSIDY -10/2023 37023 11/09/2023 84.00 CATALINA EXPRESS TRAVEL - ADMINISTRATION 37024 11/09/2023 7,800.00 LONG, DAVID CONTRACT SERVICE - CEASE AND DESIST ORDER 37025 11/09/2023 10,012.00 CATALINA ISLAND COMPANY RENT - 11/2023 37026 11/09/2023 95.00 CATALINA ISLAND JANITORIAL SERVICE - ADMINISTRATION 37027 11/09/2023 312.00 CATALINA ISLANDER ADVERTISING - ALL DEPARTMENTS 37028 11/09/2023 268.00 CATALINA PEST CONTROL SERVICE - HARBOR 37029 11/09/2023 219.24 CATALINA TRANSFER, INC FREIGHT - PLANNING 37030 11/09/2023 134,486.10 CHEROKEE CHEMICAL CO. INC. WASTEWATER TREATMENT PLANT - SCREW PRESS 37031 11/09/2023 1,658.46 COLONIAL LIFE DUES - 10/2023 AND 11/2023 37032 11/09/2023 13,800.00 COMMLINE INC. SERVICE - FIRE 37033| 11/09/2023 150.03 CREATIVE SIGN, INC. SUPPLIES - VEHICLES 37034 11/08/2023 DELTA DENTAL VOID: MULTI STUB CHECK
37034 11/08/2023 6,751.10 DELTA DENTAL DENTAL - 10/2023 37035 11/09/2023 6,751.10 DELTA DENTAL DENTAL - 11/2023 37036 11/09/2023 60.00 DEWEY PEST CONTROL SERVICE - HARBOR 37037 11/09/2023 574.00 DION & SONS MARINE FUELS INC FUEL - HARBOR 37038 11/09/2023 200.00 EAGLELIFT, INC. VOID: INCORRECT VENDOR 37039 11/09/2023 65,579.89 EDISON UTILITIES - ALL DEPARTMENTS 37040 11/09/2023 1,041.01 FIDELITY SECURITY LIFE INSURANCE VISION - 11/2023 37041 11/09/2023 279.78 GALLS, LLC UNIFORMS - FIRE
37042 11/09/2023 505.62 GANAHL LUMBER COMPANY SUPPLIES - RECREATION 37043 11/09/2023 77.00 GONZALES, FERNANDO TRAVEL - FALL FEST 37044 11/09/2023 806.18 GRAINGER SUPPLIES - ALL DEPARTMENTS 37045 11/09/2023 9,451.25 HARRY'S MARINE SERVICE, LLC SERVICE - HARBOR 37046 11/09/2023 15,852.86 HOME DEPOT CREDIT SERVICES SUPPLIES - PUBLIC WORKS 37047 11/09/2023 200.00 HUBERT, CAMERON REFUND - DEPOSIT 37048 11/09/2023 315.00 LUPO, KARLA SERVICE - RECREATION 37049 11/09/2023 945.00 KATIE'S KITCHEN SENIOR MEALS - 07/2023 AND 08/2023 37050 11/09/2023 107.75 KONA TEES SCREENPRINTING & EMBROID SUPPLIES - FIRE 37051 11/09/2023 101.09 LINDE GAS & EQUIPMENT INC. SUPPLIES - HARBOR 37052 11/09/2023 353.00 ISLAND EXPRESS HELICOPTERS INC FREIGHT - PUBLIC WORKS 37053 11/09/2023 344.10 MM INTERNET, INC. SERVICE - IT
37054 11/09/2023 582.97 MRC SMART TECHNOLOGY SOLUTIONS SUPPLIES - ALL DEPARTMENTS 37055 11/09/2023 899.65 NAPA AUTO PARTS SUPPLIES - GARAGE 37056 11/09/2023 3,630.00 POLYDYNE, INC. SUPPLIES - GARAGE 37056 11/09/2023 3,542.00 POLYDYNE, INC. SUPPLIES - WASTEWATER TREATMENT PLANT 37057 11/09/2023 723.60 QUADIENT LEASING USA, INC. POSTAGE METER LEASE 37058 11/09/2023 1,098.07 QUILL CORP SUPPLIES - ALL DEPARTMENTS 37059 11/09/2023 11.50 RICOH USA, INC. COPIER LEASE - PLANNING 37060| 11/09/2023 4,282.20 SOUTH COAST AQMD PERMIT FEES - WASTEWATER TREATMENT PLANT 37061 11/08/2023 STANDARD INSURANCE COMPANY VOID: MULTI STUB CHECK 37062 11/09/2023 2,411.78 STANDARD INSURANCE COMPANY LIFE INSURANCE - 10/2023 37063 11/09/2023 2,340.00 SUPERION, LLC SOFTWARE LEASE - FINANCE 37064 11/09/2023 6,074.00 TNVC INC. SUPPLIES - SHERIFF
37065 11/09/2023 5,000.00 TOWNSEND PUBLIC AFFAIRS, INC CONTRACT SERVICES - ADMINISTRATION 37066 11/09/2023 71,181.22 PARKING CONCEPTS, INC. CONTRACT SERVICES - 10/2023

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CITY OF AVALON

WARRANT DISBURSEMENTS
November 28, 2023

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
37067 11/09/2023 447.33 ULINE, INC. SUPPLIES - PUBLIC WORKS 37068 11/09/2023 4,701.74 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL 37069 11/09/2023 236.70 WALTERS WHOLESALE ELECTRIC CO SUPPLIES - PUBILC WORKS 37070 11/09/2023 267.21 WEST MARINE PRO SUPPLIES - HARBOR 37071 11/09/2023 1,375.00 WITTMAN ENTERPRISES, LLC SERVICE - FINANCE 37072 11/09/2023 818.40 ZOLL MEDICAL CORP. SUPPLIES - HARBOR 37073 11/13/2023 125,123.50 COASTLINE EQUIPMENT PUBLIC WORKS - SKID STEER $ 635,233.43

Page 2 of 2 ends

CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID NOVEMBER 9, 2023
November 28, 2023

LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT HERNANDEZ, JEFF 9/25/2023 $64.53 CHET'S HARDWARE TOOLS PUBLIC WORKS HERNANDEZ, JEFF 9/25/2023 $41.50 CATALINA EXPRESS TRAVEL PUBLIC WORKS HERNANDEZ, JEFF 9/25/2023 $42.50 CATALINA EXPRESS TRAVEL PUBLIC WORKS HERNANDEZ, JEFF 9/26/2023 $(42.50) CATALINA EXPRESS TRAVEL - REFUND PUBLIC WORKS HERNANDEZ, JEFF 9/26/2023 $28.27 E REPLACEMENT PARTS VEHICLE EQUIPMENT PUBLIC WORKS HERNANDEZ, JEFF 9/26/2023 $231.18 PEBBLY BEACH BUILDING SUPPLY SUPPLIES PUBLIC WORKS HERNANDEZ, JEFF 9/28/2023 $50:88 CHET'S HARDWARE SUPPLIES PUBLIC WORKS HERNANDEZ, JEFF 9/28/2023 $70.98 CHET'S HARDWARE SMALL TOOLS PUBLIC WORKS HERNANDEZ, JEFF 9/28/2023 $6.04 CHET'S HARDWARE SUPPLIES PUBLIC WORKS HERNANDEZ, JEFF 9/29/2023 $196.42 PEBBLY BEACH BUILDING SUPPLY SUPPLIES PUBLIC WORKS HERNANDEZ, JEFF 10/2/2023 $1,201.00 CARUSO FORD VEHICLE EQUIPMENT PUBLIC WORKS HERNANDEZ, JEFF 10/5/2023 $142.24 CHET'S HARDWARE SMALL TOOLS PUBLIC WORKS HERNANDEZ, JEFF 10/5/2023 $13.19 CHET'S HARDWARE SMALL TOOLS PUBLIC WORKS HERNANDEZ, JEFF 10/6/2023 $81.73 CHET'S HARDWARE SUPPLIES PUBLIC WORKS HERNANDEZ, JEFF 10/6/2023 $6.59 CHET'S HARDWARE SUPPLIES PUBLIC WORKS HERNANDEZ, JEFF 10/6/2023 $293.84 PEBBLY BEACH BUILDING SUPPLY SUPPLIES PUBLIC WORKS HERNANDEZ, JEFF 10/12/2023 $88.75 CHET'S HARDWARE SUPPLIES PUBLIC WORKS HERNANDEZ, JEFF 10/13/2023 $582.35 PEBBLY BEACH BUILDING SUPPLY SUPPLIES PUBLIC WORKS HERNANDEZ, JEFF 10/13/2023 $36.86 PEBBLY BEACH BUILDING SUPPLY SUPPLIES PUBLIC WORKS HERNANDEZ, JEFF 10/16/2023 $9.87 PEBBLY BEACH BUILDING SUPPLY SUPPLIES PUBLIC WORKS RUBIO 9/18/2023 $42.50 CATALINA EXPRESS TRAINING AND TRAVEL GARAGE RUBIO 9/25/2023 $41.50 CATALINA EXPRESS TRAVEL GARAGE
RUBIO 9/25/2023 $42.50 CATALINA EXPRESS TRAVEL GARAGE
RUBIO 10/5/2023 $107.73 CATALINA EXPRESS TRAVEL GARAGE
RUBIO 10/12/2023 $84.00 CATALINA EXPRESS TRAVEL GARAGE
SCHMIDT 10/5/2023 $211.11 FULL SOURCE, LLC UNIFORMS HARBOR SCHDMIDT 10/9/2023 $846.19 PROPPER UNIFORMS HARBOR
SCHMIDT 10/9/2023 $179.99 PROPPER UNIFORMS HARBOR
$ 4,701.74 CHECK NUMBER 37068

Page 1 of 1 ends

CITY OF AVALON CITY COUNCIL
MEETING DATE: November 28, 2023 AGENDA ITEM: 3
ORIGINATING DEP: City Attorney CITY MANAGER: DuM
PREPARED BY: Scott Campbell, City Attorney
SUBJECT: Findings to Continue to Hold Remote Teleconference/Virtual City Council Meetings Pursuant to Assembly Bill 361
RECOMMENDED ACTION(S): Reconsider 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 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 teleconference are posted on the agenda, that those locations are open to the public and that a quorum of the members is located within its jurisdiction. AB 361 provides an exception to these procedures in order to allow for fully virtual meetings during proclaimed emergencies, including the COVID-19 pandemic.

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

Most public agencies have been holding public meetings using virtual platforms since this time.

In June of 2021, Governor Newsom issued Executive Order N-08-21, which provided that the exceptions contained in EO N-29-20 would sunset on September 30, 2021.

On September 10, 2021, the Legislature adopted AB 361, which allows public agencies to hold Tully 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 AB 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 makes the 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;
65059.00000134520481.1
Having made the findings, the City Council can continue every 30 days to authorize meetings under AB 261 to protect the health or safety of attendees.

COVID-19 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-to- person contact and those in close proximity. According to the most recently published data, 6.9% of those tested statewide for Covid-19 tested positive, up from last month's rates. Covid-19 Hospitalizations are still too high, with a daily average of 268 per day. An average of 14 people in California die each day due to Covid-19, the same rate as the last report Additionally, Cal/OHSA has implemented COVID-19 Prevention Non-Emergency Regulations that will remain in eftect until February 3, 2025. he 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-19 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 November 28, 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-19 pandemic.

FOLLOW UP ACTION: None. As there is no longer a public emergency, this is the last meeting where AB 361 findings will be made.

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\34520481.1

CITY OF AVALON CITY COUNCIL
4 MEETING DATE: November 28, 2023 AGENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER: DUM
PREPARED BY: Devin Hart, Management Analyst
SUBJECT: Adopt an Ordinance Amending Title 3, Chapter 3-1, Section 3-1.116 Revocation or Suspension of Licenses of the Avalon Municipal Code RECOMMENDED ACTION(S): Adopt an ordinance of the City of Avalon amending Title 3, Chapter 3-1, Section 3-1.116 Revocation or Suspension of Licenses of the Avalon Municipal REPORT SUMMARY: This ordinance was introduced and all further readings waived during the November 7, 2023 regular City Council Meeting.

City Staff recommend amending Title 3, Chapter 3-1, Section 3-1.116 Revocation or Suspension of Licenses of the Avalon Municipal Code (AMC) to broaden potential revocable or suspension violations to include noncompliance with any local, state or federal regulation.

As written, a City of Avalon Business License may only be suspended or revoked if a provision of the business license chapter has been violated, the license has been granted on false or fraudulent evidence, or the licensee has violated terms and conditions of the license.

With the current ordinance, if the licensee consistently violates other provisions of the AMC - compliance to the vehicle ordinance or parking regulations, participation in the City FOG program, compliance with noise ordinance, etc. - the business license cannot be revoked.

By broadening the potential grounds for revocation and suspension, City Staff hope to see greater compliance with other aspects of the AMC, as well as other state and federal regulations.

Suspension or revocation of a business license can only be processed if approved by the City Council - as outlined in AMC 3-1.116.

FISCAL IMPACTS: Undetermined.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Avalon Municipal Code will not be amended.

FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENTS: Ordinance
ORDINANCE NO. _

AN ORDINANCE OF THE CITY OF AVALON AMENDING
TITLE 3, CHAPTER 3-1, SECTION 3-1.116 REVOCATION

OR SUSPENSION OF LICENSES OF THE AVALON

MUNICIPAL CODE
WHEREAS, the Council has determined compliance with local, state and federal laws and regulations to be a priority; and,
WHEREAS, the current business license ordinance only permits suspension or revocation of a license if a provision of the business license chapter has been violated the license has been granted on false or fraudulent evidence, or the licensee has violated terms and conditions of the license; and
WHEREAS, the City Council has made the determination that broadening potential grounds for revocation to include noncompliance with any local, state or federal law or regulation is in the City's best interest; and
WHEREAS, the City Council is the body that shall determine if a license should be suspended or revoked; and
WHEREAS, the City wishes to now amend its Municipal Code to address these issues.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES ORDAIN AS FOLLOWS:

Section 1. The recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this Ordinance.

Section 2. Avalon Municipal Code section 3-1.116 is amended to read as follows (new language is underlined, removed language is struck):
3-1.116 Revocation or Suspension of Licenses.

Any license issued under this Chapter may be revoked or suspended where:
(a) The licensee has violated any provision of this chapter the Avalon Municipal Code, state or federal laws or regulations;
(b) Where a license has been granted on false or fraudulent evidence, testimony or application; or
(c) Where the licensee has violated the terms and conditions of the license, including but not limited to the timely payment of business license taxes required by this chapter.
65059.00000\41755375.1
All matters pertaining to revocation or suspension shall be referred by the Director of Finance to the City Council, with a written statement of the reasons for the proposed revocation or suspension. The City Council shall give reasonable notice to the licensee to appear before the City Council at a time and place set for the hearing, to show cause why the license shall not be revoked or suspended. The notice shall state the grounds for the complaint or reasons for the proposed revocation or suspension in clear and concise language. The notice shall be served upon the licensee personally or by mail not less than 10 and not more than 20 days prior to the hearing date. At the hearing, the licensee shall be given the opportunity to appear personally or through counsel, to be heard, to defend the charges and to call witnesses. Upon good cause shown, the licensee shall be entitled to a continuance until the next meeting of the City Council. After conducting such hearing, the City Council may revoke, suspend for a stated time period, or reinstate any license upon such terms and conditions as in the exercise of sound discretion is determined to be appropriate. The decision of the City Council shall be final and conclusive.

Section 3. Severability. If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, void, or invalid, such decisions shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional, void, or invalid.

Section 4. CEQA Exemptions. The City Council finds that adoption of this Ordinance is not a project subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15378 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Additionally, this Ordinance is exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) because this Ordinance will not cause a change in any of the physical conditions within the area affected by the Ordinance. None of the exceptions to the exemptions found in State CEQA Guidelines section 15300.2 apply. Staff is hereby directed to prepare, execute and file with the Los Angeles County Clerk a CEQA Notice of Exemption within five (5) working days of the adoption of this Ordinance.

Section 5. Certification. The City Clerk of the City of Avalon shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law.

Section 6. Effective Date. This Ordinance shall become effective thirty days from its adoption.

INTRODUCED at a regular meeting of the City Council of the City of Avalon on the 7th day of November, 2023, by the following vote:
65059.00000\41755375.1
AYES:

NAYS:

ABSENT:

ABSTAIN:

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 28th day of November, 2023, by the following vote:

ABSENT:

ABSTAIN:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk
APPROVED AS TO FORM:

Scott Campbell
Best Best & Krieger, LLP
65059.00000141755375.1

CITY OF AVALON CITY COUNCIL
AGENDA ITEM: 5
MEETING DATE: November 28, 2023
ORIGINATING DEP: Administration CITY MANAGER: DReM
PREPARED BY: Aliana Gonzales, Administrative Analyst
SUBJECT: Resolution Approving the Title VI Plan Relating to Section 5309 Funds
RECOMMENDED ACTION(S): Adopt the resolution approving the updated City of Avalon Title VI Plan as it relates to federal funding.

REPORT SUMMARY: The City of Avalon has numerous federal grants, the largest being the Cabrillo Mole Phase I Reconstruction and Cabrillo Mole Phase II Terminal Project. As a condition of receiving federal grant funds the City must have an approved Title VI Plan which must be updated every three years. The original Title VI Plan was adopted on June 17, 2014 and was updated on June 5, 2018. The Title VI Plan presented for approval tonight is the second update.

Title VI is a component of the Civil Rights Act of 1964 and states:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied benefit of, or subjected to discrimination under any program or activity receiving Federal financial assistance." The updated plan mirrors updates required by the Federal Transportation Administration and has a revised violation/complaint reporting system.

FISCAL IMPACTS: This item is expenditure/revenue neutral; however, it is a requirement for receiving federal funds.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not be compliant with federal regulations, potentially jeopardizing grant funds.

FOLLOW UP ACTION: Submit required Public Notice, Resolution and Staff Report to the Los Angeles County Metropolitan Transportation Authority for approval.

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

ATTACHMENTS:

1. Title VI Update

2. Resolution
City of Avalon
Title VI Plan
Relating to Section 5309 Funds
Developed November 28, 2023
Approved by the City of Avalon City Council
P.O. Box 707
410 Avalon Canyon Road
Avalon, CA 90704
310-510-0220
www.cityofavalon
www.avalontransit.org

TABLE OF CONTENTS
Introduction
General Requirements
Notification of Beneficiaries of Protection under Title VI Title VI Complaint Procedure and Complaint Form
Recording Title VI Investigations, Complaints and Lawsuits City Councils' Resolution Approving Title VI Program
Provision of Additional Information to the FTA
IlI Inclusive Public Participation
pportunities for Public Participation
ublic Involvement Process
Next Steps
Language Assistance Plan
Four Factor Analysis
Language Assistance Measures
Staff Training
Notice to LEP Person about Available Language Assistance Monitoring, Evaluating and Updating LEP Plan
V Decision Making Bodies
Table of non-elected committees in the City of Avalon, broken down by race Process to recruit board members
VI Program Specific Requirements
Information on Title VI equity analysis
VII Grants, Reviews and Certifications
Pending Applications for Financial Assistance
Pending FTA Grants
Open FTA Grants
Civil Rights Compliance Reviews
Recent Annual Certifications and Assurances
Pervious Triennial Review Findings

INTRODUCTION
"No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (42 U.S.C. 2000d) The City of Avalon, as a recipient of federal financial assistance, will ensure full compliance with Title VI of the Civil Rights Act of 1964, as amended and related statutes and regulations in the City of Avalon's Cabrillo Mole Ferry Terminal Rehabilitation Project and the Cabrillo Mole Ferry Terminal Project. The City will use Section 5309 federal funds for the construction and installation of passenger amenities and improvements at the Cabrillo Mole Ferry Terminal. The City of Avalon provides, without regard to race, color, or national origin:
• Opportunities to participate in the transit planning and decision making processes; and, • Fair decisions on the location of transit services and facilities.

These objectives are the basis for the City of Avalon's Title VI Plan. The Plan that follows was updated in conformance with FTA C 4702.1B-C (October 1, 2012). The new guidance in this circular integrates the responsibilities to Limited English Proficient (LEP) Persons into programs and activities developed under the Title VI regulations (49 CFR Part 21) to recipients of federal financial assistance.

The program contains all of the elements required in the U.S. Department of Transportation Federal Transit Administration Title VI Circular dated October 1, 2012. It has been prepared using data from the most recent 2010 U.S. Census.

The City Manager is responsible for ensuring implementation of the City of Avalon's Title VI Plan. The Public Works Director, on behalf of the City Manager, is responsible for the overall management of the Title VI plan as outlined herein. The Public Works Director does not hereby assume responsibility for Title VI compliance outside the scope of this report. The day to day administration of the Title VI Plan lies with the Title VI Coordinator under the direct supervision of the Public Works Director.

In addition to the Title VI Coordinator, Title VI Specialists will be named in the following program areas:

Transportation Design and Engineering
Transportation Right of Way
Transportation Environmental Services
Transportation Administration, Public Information and Outreach Human Resources
Procurement
Policy Statement, Authorities and Citations
A. Policy of Nondiscrimination
The City of Avalon (City) assures that no person shall on the grounds of race, color, national origin, or sex as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 (P.L. 100.259) be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under any City sponsored transportation program or activity. The City further assures every effort will be made to ensure nondiscrimination in all of its federally funded transportation programs and activities.

In the event that the City distributes federal transportation funds to another entity, it will include Title VI language in all written agreements and will monitor for compliance.

Title VI compliance is a condition of receipt for federal funds, including funds from the Federal Transportation Administration and the Federal Highway Administration.

Assurance of compliance falls under the proper authority of the City pursuant to its budgetary authority and responsibility. The Public Works Director and Transportation Title VI Coordinator are authorized to ensure compliance with provisions of this policy and with the law, including the requirements of 23 Code of Federal Regulations (CFR) 200 and 49 CFR 21.

David Maistros, City Manager Date
ll. GENERAL REQUIREMENTS

1. Notification of Beneficiaries of Protection Under Title VI In compliance with 49 CFR Section 12.9(d), the City of Avalon has provided information to the public regarding its Title VI obligations and apprises members of the public of the protection against discrimination afforded to them by Title VI on an on-going basis. This statement of nondiscrimination on the basis of race, color, or national origin is on the City's website. The notice also includes contact information for requesting details on the City's Title VI obligations and the complaint procedure. The notice is available on the City webpage, the Cabrillo Mole Ferry Terminal, and at the City Hall front desk.

CIVIL RIGHTS NOTICE
The City of Avalon is committed to ensuring that no person is excluded form participation in, or denied the benefits of, its service on the basis of race, color or national origin as provided under Title VI of the Civil Rights Act. The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by expanding the definition of terms "programs and activities" to include all programs or activities of Federal Aid recipients, sub-recipients, and contractors, whether such programs and activities are federally assisted or not (Public Law 100-259 (S. 557) March 22, 1988).

Additional Citations:

Title VI of the Civil Rights Acts of 1964; 42 USC 2000d to 2000d-4; 42 USC 4601 to 4655; 23 USC 109(h); 23 USC 324; DOT Order 1050.2; EO 12250; EO 12898; 28 CFR 50.3 The City of Avalon is committed to ensuring that the level and quality of transportation service is provided without regard to race, color or national origin and promoting the full and fair participation of all potentially affected populations in transportation decision making; preventing denial, reduction, or delay in benefits related to programs and activities affecting minority, low-income populations; providing meaningful access to City services, programs, and activities by persons with limited English proficiency (LEP).

To file a complaint or obtain additional information on the City of Avalon's obligation regarding non- discrimination, please write to: City of Avalon, City Manager's Office, P.O. Box 707, Avalon, CA 90704.

Notifying the Public of Rights Under Title VI
City of Avalon
The City of Avalon operates its programs and services without regard to race, color, and national origin in accordance with Title VI of the Civil Rights Act. Any person who believes she or he has been aggrieved by any unlawful discriminatory practice under Title VI may file a complaint with The City of Avalon.

For more information on the City of Avalon civil rights program, and the procedures to file a complaint, contact 310-510-0220, or visit our administrative office at City Hall. For more information, visit: www.cityofavalon.com
A complainant may file a complaint directly with the Federal Transit Administration by filing a complaint with the Office of Civil Rights, Attention: Title VI Program Coordinator, East Building, 5th Floor-TCR, 1200 New Jersey Ave., SE, Washington, DC 20590 If information is needed in another language, contact 310-510-0220 Si se necesita informacion en otro idioma, contacte al 310-510-0220 The City of Avalon Title VI Notice is posted at City Hall, 410 Avalon Canyon Road, Avalon, CA and at the Cabrillo Mole Ferry Terminal and at www.cityofavalon.com.

HOW TO FILE A TITLE VI COMPLAINT
The following Complaint Procedures and the Complaint Form are available on the City's website at www.cityofavalon.com. Any person who believes he or she may have been discriminated against on the basis of race, color, or national origin may file a complaint with the City of Avalon's City Manager's Office.

AVALON
HOW DO L.. GOVERNMENT SERVICES RESOURCES
California
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Home, See: Keport a concern
Applications, Licenses & Forms
Code Enforcement Report a Concern
Los Angeles County Sheriff- The City of Avalon appreciates its resident and visitor population support in identifying issues throughout the City Avalon Station
Life Threatening Emergencies
Avalon Transit For emergencies, such as fires, rockfalls, and other immediate threats to public safety, call 911.

Environmental Services Code Enforcement Violations
Call 310-510-0220 ext. 111 to report a possible code enforcement violation or submit one of the following complaint forms:

Parcel Assessments
• Animal Complaint Form
Report a Concern • Compliance with Resycling Program Complaint Form • Noise Complaint Form
• General Complaint Form
• Title VI Complaint Form
https://www.cityofavalon.com/307/Report-a-Concern
The complaint must be filed within 180 days of the alleged discrimination date. Written complaints may be sent to City of Avalon, P.O. Box 707, Avalon, CA 90704 or an online complaint form may be accessed at the City's website at www.cityofavalon.com
Once completed, the complaint should be forwarded to City of Avalon, City Manager's Office at P.O. Box 707, Avalon, CA 90704.

In addition to utilizing the Civil Rights complaint process at the City of Avalon, a Complainant may file a Title VI complaint concerning race, color, or national origin discrimination with the Federal Transit Administration (FTA), Office of Civil Rights, Attention: Title VI Program Coordinator East Building 5th Floor- TCR 1200 New Jersey Avenue SE Washington D.C., 20590.

2. Title VI Complaint Procedure
In order to comply with 49 CFR Section 21.9(b), the following complaint procedure will be followed by the City of Avalon in the event that any person believes that he or she, individually, or as a member of any specific class of persons, has been excluded form participation in, been denied the benefits of, or been subjected to discrimination on the basis of race, color, or national origin with regard to:

The opportunity to participate in the transit planning and decision making processes; and, the right to fair decisions on the location of transit services, facilities and passenger amenities.

The complaint will be made in writing to the City of Avalon will include all information relevant to a determination of discrimination. A complaint must be filed within 180-days after the alleged discrimination. In case where the complainant is unable or incapable of providing a written statement, a City of Avalon designee will, if necessary, assist the person in converting verbal complaints to writing and will interview the complainant. The complainant or his/her representative will sign all complaints.

After review of the complaint, which will include, but not limited to, interviewing all appropriate City personnel, the complainant, witnesses and review of the City's policies and service standards, the City of Avalon will make a determination of discrimination. If it is found that discrimination did not occur, the complainant will be notified in writing and the procedure will be terminated. Notification will occur within a reasonable time of the original submission of the complaint. At that time the complainant will be advised of their right to challenge the City of Avalon by submitting a written request for a hearing within five (5) days of the receipt of the determination.

If after the City of Avalon's review of the complaint, it is found that discrimination may have occurred, a formal hearing will be held. The complainant will be notified of this determination within reasonable time of the submission of the complaint. The hearing will occur on an available and mutually agreed upon date among both parties and will be attended by the City of Avalon, the complainant and the appropriate personnel. Following the hearing, the City of Avalon will make a final determination. The complainant will be notified of this determination in writing ten (10) business days of the hearing. If justified, appropriate remedial action will be taken. The decision will be considered final at the City level.

If the Administrator finds that discrimination did not occur, the complainant will be notified of that disposition and will advise the complainant of their right to submit their complaint to the Federal Transit Administration for further investigation.

Complaint forms are available on the City of Avalon's website. The forms are also available at the City of Avalon City Manager's office upon request. The general complaint procedure is available on the City's website. The detailed complaint procedure noted above will be made available to members of the public upon request. Provisions will be made for persons with limited English proficiency.

The following document is the complaint form:

City of Avalon Title VI Complaint Form

CITY OF AVALON
P.O. BOX 707
AVALON, CA 90704
(310) 510-0220
Title VI Complaint Form
Fist Name
L3s: Name
Address
State
ZIP Code
Phone Numper
Ema Address
Next >
-0
Introduction Complaint Information Follow Up
Are you fling this complaint on your own benaf?
O res
• NO
Date and Approximate Time of Incident"
I be eve the discrimination excerenced was cased on icheck altnat body? • Race
• Color
• Nationa: Origin
• Other
xolanes dear as coss be wat happened and you bellere du were d sorm mated against Descride a persons who were no ed. Indude names and contact normation d ne cersons who discrim nated against ou if now as me as the contact normation of any potentia witnesse -A-
Introduction Complaint information Follow Up
Wouldyou kero omud regarang inis compaint?
• Yes
• NO
Preferred memod of contact
• Emai
• Phone
• Mail
• Yes
O NO
make you ever fled this complaintith any other Federa State or lode agency orwth an, Federa or State court?" O Yes
• NO
By affixing your signature in the box below, you agree that such signature will be the erectronic representation of yours gnature to be valid and binding upon you for all purposes when you (or your acent) affix below, including on legally binding contracts, just the same as a hand-writter signaturel §gnature
< Back
Cance Submit

3. Recording Title VI Investigations, Complaints, and Lawsuits In order to comply with CFR 49 Section 12.9(b) the City of Avalon will prepare and maintain a list of any active Title VI investigations conducted by the City or any other entities other than the FTA, lawsuits, or complaints naming the City of Avalon and/or its subcontractor(s) that allege discrimination on the basis of race, color, or national origin. This list will include:
• The date of the investigation, lawsuit, or complaint was filed; • A summary of the allegation(s);
• The status of the investigation, lawsuit, or complaint; and • Actions taken by the City or subcontractor in response to investigation, lawsuit, or complaint To date, the City of Avalon has no transit related Title VI complaints, investigations, or lawsuits.

4. Council's Resolution Approving Title VI Program
The Title VI Plan was presented to the Avalon City Council for their approval at the City of Avalon City Council Meeting, November 28, 2023. This Title VI Plan was approved by Resolution XXXX. (Attachment A).

5. Provision of Additional Information to the FTA
The City of Avalon will provide the Federal Transit Administration (FTA) additional information upon Such information may be related to, but not limited to, investigation of complaints of discrimination or to resolve concerns about possible noncompliance with Title VI.

In addition, the City of Avalon will submit an updated Title VI Plan to METRO, as the pass through agency for FTA Section 5309 fund, once every three (3) years and will include proof of submittals.

III. Inclusive Public Participation
Avalon is committed to encouraging public participation for the Cabrillo Mole Ferry Terminal Project, as community support is critical to the success of the project. The City has obtained Section 5039 federal assistance for the construction and installation of passenger amenities and structural improvements for the Cabrillo Mole Ferry Terminal.

All residents of Avalon that use the Cabrillo Mole Ferry Terminal, and all residents that will use and benefit from the Cabrillo Mole Ferry Terminal Rehabilitation Project are encouraged to participate in the design of the project. The City of Avalon will seek input from residents during significant phases of the project and provide regular updates to the community and City Council as the Project moves through the design and construction process.

Avalon's public participation planning ensures that:
• Residents with concerns or interests will have an appropriate opportunity to participate in decisions about the Cabrillo Mole Ferry Terminal Rehabilitation Project, and will be notified of these opportunities to provide input.
• Community Involvement and contribution will be included in the development of the Project, passenger amenities and improvements to Cabrillo Mole.
• Concerns of all persons or groups participating in the process, uses of the Cabrillo Mole Ferry Terminal will be considered in Plan.
• Avalon will seek out and facilitate the involvement of those potentially impacted.

The Public Participation Plan outlines the importance of, and specific guidelines for, community engagement. Included is the information about the value of public participation to the development of the Cabrillo Mole Ferry Terminal Rehabilitation Project, the location and development of passenger amenities and improvements at the Cabrillo Mole, and how it will be accomplished. It is important to note that this Public Participation Plan will utilize a variety of communication mechanisms so all residents will have the opportunity to participate.

1. Opportunities for Public Participation
Numerous outreach methods will be used to gather community input and keep residents informed on participation opportunities, as well as to inform residents of added infrastructure and improvements to the Cabrillo Mole Ferry Terminal, at project completion.

COMMUNITY MEETINGS
Community meetings will be scheduled at critical points during the project to allow for targeted community input. A community meeting will be scheduled to allow the best opportunity for attendance by the general public, and time most convenient to the general public. All community meetings will include a presentation/update on the Cabrillo Mole Ferry Terminal Rehabilitation Project followed by a question and answer session to ensure the participants are equally informed. The following will also be considered in establishing the locations and scheduling times for community meetings:
• Convenience and accessibility for minorities, persons with disabilities, and LEP communities by hosting meetings in areas of the City that are accessible by public transit and near the development;
• Meetings hosted in ADA accessible buildings;
Meetings scheduled at various times of the day/week to allow for residents to attend and participate, despite work and family obligations;
• Size of the venue and format of the meeting to allow for meaningful dialogue; • Engaging meeting materials to facilitate participation.

MARKETING MATERIALS
Marketing materials notify the public of community meetings, project updates, and available Cabrillo Mole Ferry Terminal Project passenger amenities upon project completion will be broadly advertised, in order to seek community input and inform residents. Methods may include:
• Handouts distributed to key destinations in Avalon (English and Spanish) including City Hall, Avalon Public Library and Post Office Arcade;
• Flyers mailed to all box holders;
• City's webpage www.cityofavalon.com (English and Spanish); • Social media conduits;
Distribution of marketing materials to special interest and community groups, such as the Senior Center, Rotary Club, Lions Club, Women's Forum and Chamber of Commerce; • Notification of available translation services for persons with limited English proficiencies for meetings.

2. Public Involvement Process
Measures taken will be targeted to overcome linguistic, institutional, cultural, economic, or other barriers that may prevent minority and low income people and populations, persons with disabilities and persons with limited English proficiency (LEP) from effectively participating in the development of the Cabrillo Mole Ferry Terminal Rehabilitation Project. By making a reasonable effort to include these populations, Avalon hopes to ensure that the interests and input of all residents is given equal consideration, and that the needs of the LEP population are addressed.

The City of Avalon's Title VI Plan provided a Language Assistance Plan to encourage participation of LEP individuals in the Cabrillo Mole Ferry Terminal Rehabilitation Project process, and notify LEP person of opportunities to provide input.

3. Next Steps
A complete record of public comments and input received from community meetings during the development of the Cabrillo Mole Ferry Terminal Rehabilitation Project will be summarized and presented to the City Council; the public can access and download these City Council presentations at www.cityofavalon.com. City staff will also regularly update Council throughout the design of the Project.

Input gathered during the outreach process will be used by City staff in developing a preferred design concept for the Cabrillo Mole Ferry Terminal which will be presented to Council for consideration and approval.

Community workshops/Public Meetings will be held regarding the Cabrillo Mole Ferry Terminal Rehabilitation Project when the project begins. This is a new grant and a new project therefore there has been no public participation within the last three years.

IV. Language Assistance Plan
The language assistance Plan is one component of Avalon's efforts to provide an appropriate mix of language assistance measures so all residents, including individuals that are "limited English proficient", can equally contribute to the development of the Cabrillo Mole Ferry Terminal Rehabilitation Project and benefit from passenger amenities and improvements at the Cabrillo Mole. Limited English proficient (LEP) individuals are those who do not speak English as their primary language, and have limited availability to read, write, or understand English.

This Plan will outline how to identify any resident who may need language assistance, ways in which assistance may be provided, and how to notify LEP persons that assistance is available. Efforts to effectively engage LEP individuals will ensure that interests and input of all residents is given equal consideration in the development of the Cabrillo Mole Ferry Terminal Rehabilitation Project.

BACKGROUND
Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that receives federal financial assistance. Title VI regulations have been interpreted to hold that Title VI prohibits conduct that has disproportionate effect on LEP persons because such conduct constitutes a form of national origin discrimination.

Avalon's Language Assistance Plan has been prepared to address the City's responsibilities as a recipient of federal assistance for the Cabrillo Mole Ferry Terminal Rehabilitation Project. The City will use section 5309 federal funds for the construction and installation of passenger amenities and structural improvements mole itself. Funds will be used for rehabilitation of the underside of the Cabrillo Mole and shade structure on the top of the terminal.

As a first state to engage LEP individuals Cabrillo Mole Ferry Terminal Rehabilitation Project efforts, the City of Avalon undertook the U.S. Department of Transportation (U.S. DOT) four factor LEP analysis which considers the following factors:

1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter programs, activities, or services at the Cabrillo Mole Ferry Terminal.

2. The frequency with which LEP persons come in contact with the programs, activities, and services at the Cabrillo Mole Ferry Terminal.

3. The nature and importance of programs, activities, and services provided at the Cabrillo Mole Ferry Terminal to the LEP population.

4. Resources available to the City of Avalon and overall cost to provide LEP assistance.

A summary of the results of the four-factor analysis is in the following section.

1. Four Factor Analysis

1. The number of proportion of LEP persons in the service area who may be served or are likely to encounter passenger amenities and improvements at the Cabrillo Mole Ferry Terminal.

The City of Avalon will utilize Section 5309 federal assistance for the construction and installation of passenger amenities and improvements at the Cabrillo Mole Ferry Terminal. All Avalon residents that currently use the Cabrillo Mole Ferry Terminal will likely encounter these amenities and improvements.

As such, the number or proportion of LEP served or encountered as part of the project is based on Language
Language at home, children 5-17 Language at home, adults 18+ N/A
I English only I English oniy
Persons with language other than • Spanish I Spanish
English spoken at home BE indo-European • Indo-European Spanis # Asian/islander English only I Asian/islander
73%1 I Other 64%† • Other
Show data / Embed Hide data / Embed
Language at home, adults 18+ (Table B16007) View table
Column Avalon Los Angeles-Long Beach-Anaheim. CA Metro Area California English only 63.8%* =12.8% 1.771 =400.0 46.2% =025 4.774,949 =15,6792 55.8% 2018 16.988.787 =32915 Spanish 34.3%* =11% 951 =342.1 34.3% =0 136 3.543.938 =10,4754 27.4% 301% 8,359,676 $22,9953 indo-European 19%* =21% 52=59.1 5.5% +0.23 571.500 $7,950d 49% 30% 1491849 x133979 Asian/Islander 0.1%* =05% 2 = 139 12.7% =015 1.316.803 =5.362.0 10.8% 30% 3282466 =10.5187 Other 0%* =05% 1=132 12% =0% 126,594=4242.1 11% =0% 340.143 =75309 The City of Avalon assessed the following information about LEP persons to determine the number or proportion of LEP persons who might use the passenger amenities and improvements at the Cabrillo Mole Ferry Terminal based on the 2008-2012 American Community Survey Five-Year Estimates from the U.S. Census. The City of Avalon determined that out of a population of 3,739 residents less than 1,000 persons (under 5% of our service area met the Safe Harbor Provision threshold for the translation of vital documents.

2. The frequency in which LEP come in contact with passenger amenities and improvements at Cabrillo Mole Ferry Terminal.

The frequency in which LEP come in contact with the passenger amenities and improvements at Cabrillo Mole Ferry Terminal is determined by Avalon's existing LEP population and the fact the Cabrillo Mole Ferry Terminal is the ONLY transportation hub located in the City of Avalon therefore the entire existing LEP population will come in contact with our ferry services. Passenger amenities and improvements at Cabrillo Mole Ferry Terminal serve as the entryway to the City of Avalon and include a transit plaza that serves the existing fixed route, taxi and paratransit activities along with fixed route ferry service to and from the mainland.

3. The importance of the Cabrillo Mole Ferry Terminal to People's Lives Access to the Cabrillo Mole Ferry Terminal is critical to the lives of all residents. The Cabrillo Mole Ferry Terminal is the only terminal in the City of Avalon to access the ferry service to and from the mainland All residents depend on facility to access essential services like employment, shopping, medical appointments and higher education. The Cabrillo Mole Ferry Terminal is the only terminal to access the fixed route ferry system, all residents and visitors utilize the terminal.

4. Resource available to the City of Avalon and overall cost to provide LEP assistance.

Financial resources available within the current budget for marketing to or communicating with LEP persons in their language are minimal. However through development of the Cabrillo Mole Ferry Terminal Plan and development of the passenger amenities at the Cabrillo Mole Ferry Terminal, the City of Avalon intends to actively engage the LEP community.

While the LEP Spanish speaking community constitutes a small percentage of the residents of the City of Avalon, the City of Avalon will take proactive measures to ensure that vital information and opportunities for involvement are available to the LEP Spanish speaking community. This LEP population will be notified of opportunities to provide input during the Cabrillo Mole Ferry Terminal planning process, in a format easily understood by the identified populations. The City will strive to provide flyers in English and Spanish at key destinations in Avalon and information on the City's webpage www.cityofavalon.com.

2. Language Assistance Measures
The results of the Four Factor Analysis concluded that no LEP language group met the threshold for the Safe Harbor Provision. Spanish was the largest LEP language group with 822 individuals identifying as speaking English less than very well. For this reason, the City of Avalon will focus its LEP outreach to Spanish speaking individuals. Language measures currently used or planned to be used by the City of Avalon to address the needs of LEP person include the following:
• Vital documents including the Civil Rights Notice, Title VI Complaint Form, and Title VI Complaint Procedures will include a sentence in Spanish informing patrons of language assistance. • Spanish Translation of vital documents upon request.
• Translating marketing material into Spanish
If needed, arranging for availability of oral translators depending on availability Interactive meeting materials to engage LEP individuals in the planning process • Posting notices in appropriate languages informing LEP persons of available transit services, routes, and amenities; and during the Cabrillo Mole planning process, opportunities for LEP persons to provide input
Avalon will continue to seek ways to add notices to the City website to inform LEP populations of opportunities for input and project construction.

3. Staff Training
To ensure effective implementation of this plan, the City of Avalon will schedule training at orientations for new City staff and relevant employees on an annual basis to review:
• Avalon's Language Assistance Plan
• Demographic data about the local LEP populations
• Printed LEP persons' materials

4. Notice to LEP Persons about Available Language Assistance The City of Avalon is working toward being able to notify LEP person in their own language about the language assistance available to them without cost by using the following methods and will notify LEP persons after the Title VI Program is approved:
• Webpage notices
• Information at local events, City Hall, and the Avalon Branch of the Los Angeles County Public Library and brochures
• Sending information to local organizations (service clubs ,churches ,schools) V. Decision Making Bodies
Body Caucasian Latino African Asian Native Other
American American American
Planning 5 2
Commission
Body Caucasian Latino African Asian Native Other
American American American
City Council 3 2 0
Body Caucasian Latino African Asian Native Other
American American American
Membership on the Planning Commission is open to the public, however there is a requirement that members be residents of the City of Avalon. The City of Avalon recruits throughout the community, including advertisements in local newspapers, local cable and the City of Avalon webpage to encourage participation on boards and committees.

City Council Members are elected officials.

Vl. Program Specific Requirements
The Cabrillo Mole Ferry Terminal Rehabilitation Project is the rehabilitation of an existing terminal. Equity analysis is not necessary as the project does not propose to construct a new facility. It is anticipated the project will be Categorically Exempt under CEQA Guidelines because the project is primarily rehabilitation. For this reason we will not conduct a full Title VI equity analysis, but will engage the public in the planning process and document our public engagement.

The Cabrillo Mole Ferry Terminal will construct a new terminal and amenities. This project will required a full Title VI equity analysis and will require full CEQA and NEPA Guidelines. The equity analysis will include, but not limited to:
• Public Dissemination. Work with Transportation staff to develop and disseminate Title VI program information to Transportation Staff, Specialists, and sub-recipients, including contractors, subcontractors, consultants and beneficiaries, as well as the general public.

Public dissemination may include postings of official statements, inclusion of Title VI language in contracts or other agreements, website postings, annual publication of the City's Transportation Title VI Policy Statement in newspaper(s) having general circulation, and informational brochures. Ensure public service announcements or notices are posted of proposed projects, hearings, meetings, or formation of public advisory boards, in newspapers or other media reach the affected community. Ensure the reasonable utilization of available minority publications or media; and, where appropriate, provide written or verbal information in languages other than English. • Environmental Impact Statements. Ensure that available census data are included as part of all Environmental Impact Statements/Assessments conducted by Transportation for projects receiving Federal Highway Administration or other Federal Assistance. • Elimination of Discrimination. Work with Human Resources and other City departments to establish procedures for promptly resolving deficiencies, as needed. Recommend procedures to identify and eliminate discrimination that may be discovered in any Transportation process.
• Maintain Legislative and Procedural Information. Federal laws, rules, regulations, WSDOT guidelines, the current Transportation Title VI Plan, Annual Accomplishment Reports, and other resource information pertaining to the implementation and administration of the Department's Title Vl program will maintained and updated by the Coordinator.

Information will be made available to other City departments or the public as requested or required.

VIl. Grants, Reviews and Certifications
• Pending Applications for Financial Assistance
The City of Avalon has no pending applications for financial assistance from any federal agency other than the FTA.
• Pending FTA Grants
Cabrillo Mole Ferry Terminal Grant
• Open FTA Grants
Cabrillo Mole Ferry Terminal Rehabilitation Grant
• Civil Rights Compliance Reviews in the Past 3 Years
This is the fourth Civil Rights Compliance Plan for the City of Avalon. • Recent Annual Certifications and Assurances
The City is with current FTA contracts that require certifications or assurances. • Previous Triennial Review Findings
The City has not had Triennial reviews.

CONTACT
For additional information on the City of Avalon's Title VI Plan, or its efforts to comply with the Civil Rights Act of 1964 or Executive Order 13166 Improving Access to Services for Persons with Limited English Proficiency, please contact:

City of Avalon
Attention: City Manager's Office
P.O. Box 707
Avalon, CA 90704
310-510-0220
[email protected]
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON, CALIFORNIA,

AUTHORIZING THE TITLE VI COMPLIANCE PLAN
WHEREAS, the City of Avalon desires to comply with Title VI of the Civil Rights Act of 1964, including new provisions detailed in the U.S. Department of Transportation's FTA Circular 4702.1B "Title VI Requirement Guidelines for Federal Transit Administration Recipients." WHEREAS, the City of Avalon wished to authorize the approval of the Compliance Plan Developed by staff to comply with necessary provisions of the Civil Rights Acts.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF AVALON DOES HEREBY RESOLVE AS FOLLOWS:

1. The City Manager is authorized to implement the components of the plan in order to meet federal requirements.

2. The City Manager is authorized to implement policies that may be necessary to Comply with subsequent revisions or interpretations to the Civil Rights Act.

Passed, Approved and Adopted on the 28" day of November, 2023.

I, the undersigned, hereby that the foregoing Resolution Number _was duly adopted by the City Council of the City of Avalon following a roll call vote:

Ayes:

Noes:

Absent:

Abstain:

Ann H. Marshall, Mayor
Gabrielle Morones, City Clerk

CITY OF AVALON CITY COUNCIL
AGENDA ITEM: 6
MEETING DATE: November 28,2023
ORIGINATING DEP: Community Service CITY MANAGER: DAM
PREPARED BY: David Hart, Community Service Manager
SUBJECT: Declare Six (6) Spin Bikes as Surplus Equipment RECOMMENDED ACTION(S): Adopt a resolution declaring equipment listed in the resolution as surplus property and authorize the City Manager to dispose of it in accordance with City policy.

REPORT SUMMARY: Historically, the City Council is presented with a list of items that are surplus, the Council formally declares the items as surplus, and then the declared items are sold via Public Surplus, donated to charity, or disposed of properly. Staff have complied a list of equipment that is no longer used.

In 2016 the City of Avalon received a donation of six (6) Star Trac Spin Bikes. The bikes had been utilized by instructors for fitness classes in the past; however, since 2020 and the COVID-19 pandemic, it has been difficult to recruit instructors and maintain consistent classes.

The Community Service Department needs to utilize the storage space that the bikes currently fill.

FISCAL IMPACTS: Unknown.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will have in their possession old equipment that will fill much needed storage space FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENTS: Resolution.

RESOLUTION NO. _

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF AVALON DECLARING SPECIFIED EQUIPMENT

TO BE SURPLUS AND AUTHORIZING

THE SALE OR DISPOSAL THEREOF
WHEREAS, Government Code Section 37350 authorizes the City Council to control and dispose of property for the common benefit; and WHEREAS, the City Council wishes to declare certain equipment to be surplus and has determined that sale or disposal, as indicated below, is appropriate and will benefit the City:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON
DECLARES, FINDS AND RESOLVES AS FOLLOWS:

Section 1. The City Council hereby declares the following equipment to no longer be useful or necessary to the City's services and programs and therefore surplus property, to be disposed of as indicated below:

Quantity Item Description Department
Star Trac Spin Bikes - Stationary exercise bike Community Services Section 2. Staff is authorized to dispose of the listed equipment in accordance with the foregoing provisions.

PASSED, APPROVED AND ADOPTED this 28th day of November 28, 2023.

Ayes:

Noes:

Absent:

Abstain:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: November 28, 2023 AGENDA ITEM: 7
ORIGINATING DEP: Administration CITY MANAGER: DUM
PREPARED BY: Devin Hart, Management Analyst
SUBJECT: Resolution to Oppose California Business Roundtable Statewide Initiative, Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act
RECOMMENDED ACTION(S): Consider for adoption a resolution opposing a statewide ballot measure submitted by the California Business Roundtable and joining the "Stop the Corporate Tax Trick" coalition.

REPORT SUMMARY: On Jan. 4, 2022, the California Business Roundtable filed the "Taxpayer Protection and Government Accountability Act" ("the Act") or AG# 21-0042A1 with the Secretary of State. On Feb. 1, 2023, the measure qualified for the November 2024 ballot.

The Act would amend the California Constitution with provisions that limit voters' authority and input, adopt new and stricter rules for raising taxes and fees, and make it more difficult to impose fines and penalties for violation of state and local laws.

Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority.

The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly oppose the Act.

If adopted, the Act will:
- Limit voter input by prohibiting local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures. - Invalidates the Upland decision (California Cannabis Coalition v. City of Upland, 2017) that allows a majority of local voters to pass special taxes. Taxes proposed by the Initiative are subject to the same rules as taxes placed on the ballot by a city council. All measures passed between January 2022 and November 2022 would be invalidated unless reenacted within 12 months.
- Restricts local fee authority to provide local services by setting new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be "reasonable" which must be proved by "clear and convincing evidence, " as opposed to the "actual cost." - Restricts authority of state and local governments to issue fines and penalties for violations of law.
- Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.
- Restricts local tax authority to provide local services by requiring voter approval to expand existing taxes (e.g., Utility User Tax, Transient Occupancy Tax) to new territories (e.g., annexation) or expanding the base (e.g., new utility service). - States new taxes can be imposed only for a specific time period.

Requires taxes adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted.
- Prohibits any surcharge on property tax rate and allocation of property tax to state.

Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies, including council-adopted increases to simply accommodate inflation, statewide, the total sum at risk is $2 Billion including those taxes/fees adopted since Jan. 1, 2022. Over ten years, $20 billion of local government fee and charge revenues will be at heightened legal peril.

Reductions on local government tax revenues have impacts on core services and infrastructure including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention, and mental health services.

FISCAL IMPACTS: Undetermined.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will not join a coalition of approximately 170 other cities opposing the statewide initiative submitted by the California Business Roundtable and eligible for the November 2024 ballot.

FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENTS:

Resolution
• Current list of cities opposing initiative
Initiative No. 21-0042A1 text.

RESOLUTION NO. J

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

OPPOSING CALIFORNIA BUSINESS ROUNDTABLE STATEWIDE INITIATIVE, INITIATIVE NO. 21-0042A1, THE TAXPAYER PROTECTION AND GOVERNMENT

ACCOUNTABILITY ACT
WHEREAS, an association representing California's wealthiest corporations is spending tens of millions of dollars to promote a deceptive ballot measure currently eligible for the November 2024 statewide ballot; and
WHEREAS, the measure creates constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, which could force residents and taxpayers to pay more to maintain services; and WHEREAS, the measure threatens billions of dollars every year in local government funding for services like fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and
WHEREAS, the measure is an attack on voters' rights, containing undemocratic provisions that would make it more difficult for local voters to pass measures to fund services, provisions that retroactively cancel measures recently passed by voters, and provisions that prevent voters from passing advisory measures that provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure contains intentionally restrictive language that will encourage hundreds of frivolous lawsuits against cities and local governments - costing taxpayers many millions and stopping investments in vital local services; and
WHEREAS, the measure would make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and WHEREAS, the measure is opposed by hundreds of local governments, teachers, firefighters, working families and local elected officials.

THEREFORE, BE IT RESOLVED that the City of Avalon opposes Initiative #21- 0042A1;
BE IT FURTHER RESOLVED, that the City of Avalon will join the "Stop the Corporate Tax Trick" coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.

We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].

PASSED, APPROVED, AND ADOPTED this day 28t of November, 2023.

Ayes:

Noes:

Absent:

Abstain:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk

THE CORPOCATE

STOP TAX TRICK

PROTECT LOCAL SERVICES
Agoura Hills Cupertino
Albany Cypress
Anderson Dinuba
Angels Camp Downey
Antioch Dunsmuir
Apple Valley El Centro
Artesia El Cerrito
Atwater Fairfax
Azusa Fairfield
Beaumont Farmersville
Bell Fowler
Bell Gardens Glendora
Bellflower Goleta
Belmont Grand Terrace
Benicia Grass Valley
Beverly Hills Grover Beach
Big Bear Lake Gustine
Blue Lake Hermosa Beach
Brea Hesperia
Brisbane Highland
Buena Park Hollister
Burbank Hughson
Burlingame Indian Wells
Carmel-by-the-Sea Indio
Carpinteria Irwindale
Carson Kerman
Cathedral City King City
Ceres La Palma
Chino Hills Lafayette
Chowchilla Lakeport
Clayton Lakewood
Clovis Larkspur
Colton Lathrop
Concord Lincoln
Corona Livermore
Corte Madera Lodi
Cotati Lomita
Ad paid for by Protecting Local Democracy and Vital Services, a Committee Opposed to Initiative 1935 Sponsored by League of California Cities. Ad Committee's Top Funder:

League of California Cities

THE CORPOCATE

STOP TAX TRICK

PROTECT LOCAL SERVICES
Long Beach Pleasant Hill
Long Beach Rancho Cucamonga
Los Banos Redlands
Los Gatos Richmond
Madera Rio Vista
Mammoth Lakes Riverbank
Manhattan Beach Rohnert Park
Manteca Rolling Hills Estates
Marina Rosemead
Maywood Roseville
Mill Valley Salinas
Monrovia San Joaquin
Montebello San Jose
Monterey San Juan Bautista
Monterey Park San Leandro
Moorpark San Pablo
Morgan Hill San Rafael
Mountain View San Ramon
Mountain View Santa Cruz
Needles Santa Fe Springs
Newman Santa Monica
Norco Santa Rosa
Norwalk Scotts Valley
Novato Sebastopol
Oakdale Selma
Oakley Shasta Lake
Ontario Sierra Madre
Orinda Signal Hill
Oroville South Gate
Oxnard South Pasadena
Palm Desert St. Helena
Paramount Stockton
Patterson Sunnyvale
Perris Tehachapi
Petaluma Tehama
Pico Rivera Temecula
Pismo Beach Torrance
Placentia Tracy
Placerville Truckee
Ad paid for by Protecting Local Democracy and Vital Services, a Committee Opposed to Initiative 1935 Sponsored by League of California Cities. Ad Committee's Top Funder:

League of California Cities

THE CORPOUATI

STOP TAX TRICK

PROTECT LOCAL SERVICES
Tulelake Watsonville
Ukiah West Hollywood
Union City West Sacramento
Upland Williams
Vallejo Woodlake
Ventura Woodland
Victorville Yountville
Walnut Yuba City
Walnut Creek Yucca Valley
As of 11/8/23
Ad paid for by Protecting Local Democracy and Vital Services, a Committee Opposed to Initiative 1935 Sponsored by League of California Cities. Ad Committee's Top Funder:

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BELL, MCANDREWS & HILTACHK, LLP

ATTORNEYS AND COUNSELORS AT LAW
455 CAPITOL MALL, SUITE 600
SACRAMENTO, CALIFORNIA 95814
(916) 442-7757
FAX (916) 442-7759 21-0042
Amdt.#/
www.bmhlaw.com
January 4, 2022 RECEIVED
Anabel Renteria JAN 0 4 2022
Initiative Coordinator
Office of the Attorney General INITIATIVE COORDINATOR

ATTORNEY GENERAL'S OFFICE
State of California
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 - Amendment Number One
Dear Initiative Coordinator:

Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed.

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincerely,
Thomas W. Hiltachk
21 0 42 Amdt.#l
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.

Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218(1996), and Proposition 26(2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability, have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.

Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot- 1 either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect, and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy, healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1(c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative two- thirds vote and voter approval requirements for government revenue increases created by the courts including, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.

Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.

Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:

Sec. 3(a) Every levy, charge, or exaction of any kind imposed by state law is either a tax or an exempt charge.
(b)(1) (a) Any change in state statute law which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature, and submitted to the electorate and approved by a majority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(B) A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.

If the revenue from the tax can be spent for unrestricted general revenue purposes, then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate, stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a majority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall, for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include:
(A) The type and amount or rate of the tax;
(B) The duration of the tax; and
(C) The use of the revenue derived from the tax.
(c) Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charqe as provided in subdivision (e), and the amount or rate of the exempt charge to be imposed. (d) (b) As used in this section and in Section 9 of Article II, "tax" means every any levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge, except the following; (e) As used in this section, "exempt charge" means only the following:
(1) a charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to these not charged, and which does not exceed the reasonable costs to the State of conferring the benefit or granting the privilege to the payor.
(1) (2) A reasonable charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable actual costs to the State of providing the service or product to the payor. (2) (3) A charge imposed-for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge, or exaction collected from local units of government, health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge imposed for entrance to or use of state property, or the purchase, rental, or lease of state property, except charges governed by Section 15 of Article XI. (5) A fine, or penalty, or other menetary charge including any applicable interest for nonpayment thereof, imposed by the judicial branch of government or the State, as a result of a state administrative enforcement agency pursuant to adjudicatory due process, to punish a violation of law. (6) A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code. (f)(c) Any tax or exempt charge adopted after January 1, 2022 2010, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted by the Legislature and signed into taw by the Governor in compliance with the requirements of this section. (g)(1) (d) The State bears the burden of proving by a preponderance of the clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount chared does not exceed the actual cost of providing the service or product to the payor., that the amount is no more than necessary to cover the reasenable costs of the gevernmental activity and 3 that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payer's burdens on, or benefits received from, the governmental activity (2) The retention of revenue by, or the payment to, a non-governmental entity of a levy, charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charqe, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charqe or exaction shall be a factor in determining whether the levy, charqe, or exaction is a tax or exempt charge. (h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and (ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charqe: lengthening its duration, delaying or eliminating its expiration, expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to, any state statute, state regulation, state executive order, state resolution, state ruling, state opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges.

Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:

Sec. 1. Definitions. As used in this article:
(a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and (ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(b) "Extend" includes, but is not limited to, doing any of the following with respect to a tax, exempt charge, or Article XIII D assessment, fee, or charge: lenathening its duration, delaying or eliminating its expiration, expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.
4 (c) ta) "General tax" means any tax imposed for general governmental purposes. (d) "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. (e) (b) "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article ll or the initiative power provided by a charter or statute.
(f) "Local law" includes, but is not limited to, any ordinance, resolution, regulation, ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.
(g) fe) "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. (h) (d) "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
(i) (e) As used in this article, and in Section 9 of Article I!, "tax" means every any-levy, charge, or exaction of any kind, imposed by a local government law that is not an exempt charge., except the following:
(il As used in this section, "exempt charqe" means only the following:
(1) A charge imposed fer a-specific benefit conferred or privilege granted directly to the payor that is not provided to those net charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.
(1) (2) A reasonable charge imposed for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable actual costs to the local government of providing the service or product. (2) {3) A charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) (4) A reasonable charge imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property.
(4) (5) A fine; or penalty, er other monetary charge including any applicable interest for nonpayment thereof, imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adjudicatory due process, as a result of to punish a violation of law. (5) (6) A charge imposed as a condition of property development. No levy, charge, or exaction requlating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy. (6) (7) An Assessments and property related fees assessment, fee, or charqe imposed in accordance with the provisions of subject to Article XII D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5 (7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charqed, and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1, 1.3, or 2 of Division 2 of the Health and Safety Code.

The local government bears the burden of proving by a preponderance of the evidence that a levy, charge, or other exaction is not a tax, that the amount is no more than necessary to cover the reasonable costs of the governmental activity and that the manner in which these costs are allocated to a payor bear a fair of reasonable relationship to the payer's burdens on, or benefits received from, the governmental activity.

Section 6. Section 2 of Article XIII C of the California Constitution is amended to read:

Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy, charge, or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local law government, whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) Any general tax imposed, extended, or increased, without voter approval, by any local government on or after January 1, 1995, and prior to the effective date of this article, shall continue to be imposed only if approved by a majority vote of the veters voting in an election on the issue of the imposition, which election shall be held within two years of the effective date of this article and in compliance with subdivision (b). (d) No local law government, whether proposed by the governing body or by an elector, may impose, extend, or increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. (d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall, for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax, the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will, could, or should be used for a specific purpose. (e) Only the qoverning body of a local government, other than an elector pursuant to Article I or the initiative power provided by a charter or statute, shall have the authority to impose any exempt charge.

The qoverning body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6 as provided in Section 1(i) and the amount or rate of the exempt charge to be imposed, and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
(f) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors, nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (g) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
(h)(1) The local government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2) The retention of revenue by, or the payment to, a non-governmental entity of a levy, charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind imposed by a local law as being paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.

Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:

Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, of charge, or surcharge, including a surcharge based on the value of property, shall be assessed by any agency upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax imposed pursuant te described in Section 1(a) of Article XIll and Section 1(a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1(b) of Article XIII A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. (b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.

Section 8. Sections 1 and 14 of Article XIII are amended to read:

Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties.

Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of law, such state or local property taxes shall be apportioned according to law to the districts within the counties.

Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.

B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordability and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect.

C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8 declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid.

D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act.

CITY OF AVALON CITY COUNCIL
MEETING DATE: November 28, 2023 AGENDA ITEM: 8
ORIGINATING DEP: Public Works CITY MANAGER: _ DuKe
PREPARED BY: Robert Greenlaw, Director of Public Works
Devin Hart, Management Analyst
SUBJECT: Avalon Wastewater Treatment Plant Chlorine Contact Tank Coating Procurement
RECOMMENDED ACTION(S): Authorize the procurement of supplies, equipment and services for coating the chlorine contact tank at the WWTP chlorine tank for a not to exceed sum of $45,000.

REPORT SUMMARY: On November 7, 2023 the City Council authorized the procurement of supplies, equipment and services to repair the chlorine contact tank at the City's Waste Water Treatment Plant (WWTP). The City's wastewater treatment plant operator, PERC Water Corporation (PERC), is completing major infrastructure repairs throughout the plant.

The chlorine contact tank is a critical processing component within the WWTP. At the end of the treatment process chlorine comes into contact with the processed wastewater within the chlorine contact tank. Chlorine is the primary disinfectant used across the United States to reduce odor, prevent algae growth, and remove iron and magnesium. The current tank has need of structural repairs due to spalled and delaminated concrete. On November 7, the City Council authorized repairs to the chlorine contact tank to include chipping out all of the spalled concrete, replacing any corroded rebar and then forming and repairing the concrete. This project is expected to cost approximately $145,000. The City has contracted with Slater Waterproofing, Inc. to perform the work.

Additionally, the City wishes to enter into another agreement with Slater Waterproofing, Inc. to sandblast the walls of the chlorine contact tank and coat the floors and walls with two coats of Sikagard 62.

While the chlorine tank is being repaired, the processed wastewater flow will be treated through a bypass. This diversion will allow Public Works and PERC crews the opportunity to repair and replace valves within the tank as well as clean and repair the adjacent slide gate.

This project is budgeted in FY 2023-24 and falls within the City's Capital Improvement Plan - Capital Project #205012.

With Slater Waterproofing, Inc. currently mobilized, and on Island, there will be a significant cost savings for these projects. Due to the total cost of the project, there is no requirement to go to formal bid.

It should be noted, during the late fall and early winter months the WWTP's process flow is greatly reduced due to the reduced visitor counts. This time period is the best opportunity to complete this scope of work. Staff recommends authorizing the procurement of supplies, equipment and services for this project.

GOAL ALIGNMENT: Infrastructure reliability and safety.

FISCAL IMPACTS: Capital Project #205012 was approved by City Council in the 2023-24 budget and sufficient funding remains to implement the project CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The repair and replacement of the aging infrastructure at the WWTP will not be completed in the most economic and efficient way.

FOLLOW UP ACTION: Direct City Staff to draft and execute agreements with Slater Waterproofing Inc. for to remove and replace the coating within the chlorine contact tank.

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

ATTACHMENTS: Slater Waterproofing Inc. Proposal.

Slater Waterproofing Inc. Lic. # 373368
5577 Arrow Hwy. Montclair, CA 91763 Tel: 909.985.9100
Item #2 Chlorine Contact Tank
Prep and Install Coating to Tank Walls and Floor (up to 2,893 sf) Mobilize and set equipment and protection
Sandblast walls to receive coating
Coat floor and walls with 2 coats of Sikagard 62 at 150 sf per coat Price: Our price to do the described work shall be $37,484.00. Additional footage can be completed at a rate of $320.00 per sq.ft.

Terms & Exclusions:

Slater Waterproofing shall have full clear access to work area.

Price is based on (1) move-in.

Permits, fee's, bonds, inspection and testing are not included.

Power and water to be provided.

Engineering is not expressed nor implied.

Price is based on Prevailing wage rates
Acceptance of Proposal:

Print Name
Sign & Return Date Chad S. Gamell
Estimator/Project Manager
Fax: 909.949.2431 www.SlaterWaterproofing.com

CITY OF AVALON CITY COUNCIL
AGENDA ITEM: 9
MEETING DATE: November 28, 2023
ORIGINATING DEP: City Attorney CITY MANAGER: OMNl
PREPARED BY: Scott Campbell, City Attorney
SUBJECT: Extending the City's the Deadline to Establish an Online Permitting System for Post-Entitlement Phase Permits in Accordance with RECOMMENDED ACTION(S): Adopt the resolution which will extend the City's deadline to establish an online permitting system for post-entitlement phase permits to January 1, 2026.

REPORT SUMMARY: The purpose of this staff report is to provide the City Council of the City of Avalon (City") with an update regarding AB 2234, and to determine whether the City Council wishes to adopt a two-year extension to the online permitting system requirement prior to the January 1, 2024 deadline.

Background
California Assembly Bill 2234 ("AB 2234) took effect on January 1, 2023. AB 2234 added sections 65913.3 and 65913.3.5 to the Government Code and, most notably, extends elements similar to those of the Permit Streamlining Act to a local agency's review of ministerial "post-entitlement phase permit" applications for housing development project.

Under AB 2234, post-entitlement phase permits are all nondiscretionary permits and reviews filed after the entitlement process has been completed that are required or issued by the local agency to begin construction of a development that will be at least two-thirds residential.

Examples of post-entitlement phase permits include, but are not limited to: (i) building permits; (ii) permits of minor or standard off-site improvements; (iii) permits for demolition; or (iv) permits for minor or standard excavation and grading.

AB 2234 imposes numerous requirements on a local agency's review and processing of a post-entitlement phase permit application, including: (1) posting application checklists and examples online; (2) time limits to determine whether an application is complete; (3) time limits to approve or deny an application; (4) providing an applicant with the right to appeal the local agency's decision; and (5) implementing an online permitting system.

This item involves the fifth requirement of implementing an online permitting system.

II. AB 2234, Online Permitting Requirement
Among other things, AB 2234 requires local agencies that are located in counties with a population of 250,000 or greater to implement an online permitting system that allows applicants to apply for, check the status of, complete and retrieve post-entitlement phase 65059.00000\41033750.1
permits. Local agencies in counties with a population of less than 250,000 are exempt from this online permitting system requirement.

For local agencies in counties with a population or 250,000 or greater, the deadline to comply with AB 2234's online permitting system requirement is: (i) January 1, 2024 if the local agency has a population of 75,000 or greater or is located in a county with a population of 1.1 million or greater; or (i) January 1, 2028 for all local agencies not covered by (i). The City of Avalon is subject to the January 1, 2024 deadline because the population of Los Angeles County exceeds 1.1. million people.

AB 2234 authorizes any local agency subject to the January 1, 2024 deadline to give itself an extension of up to two years (i.e., to January 1, 2026) if its legislative body does both of the following before January 1, 2024: (1) makes a written finding that adopting an online permitting system by January 1, 2024, would require substantial increases in permitting fees; and (2) has initiated a procurement process for the purpose of complying with the online permitting system requirement.

Conducted in accordance with state law and the City's applicable procurement policies, the City has begun implementing an online permitting system; however due to the volume of work to be done, completing the work by the January 1, 2024 deadline would present several financial and logistical burdens for the City that, in turn, would require a substantial increase in permitting fees.

The resolution attached as Attachment 1 makes the requisite findings and, if adopted by the City Council, will extend the City's deadline to comply with AB 2234's online permitting system requirement to January 1, 2026. As required by AB 2234, the resolution also includes a direction to staff to initiate the procurement process necessary to comply with this requirement.

This process will be
For the reasons provided above, staff recommends that the City Council adopt the attached resolution.

FISCAL IMPACTS: None.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will need to develop an online permitting system by the January 1, 2024 deadline or process applications by email.

FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENTS: Resolution.
65059.00000\41033750.1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY AVALON, CALIFORNIA

EXTENDING THE DEADLINE TO ESTABLISH AN ONLINE PERMITTING

SYSTEM FOR POST-ENTITLEMENT PHASE PERMITS UNDER CALIFORNIA GOVERNMENT CODE SECTION 65913.3.5 (AB 2234)
WHEREAS, California Assembly Bill 2234 ("AB 2234") added sections 65913.3 and 65913.3.5 to the Government Code and took effect on January 1, 2023; and WHEREAS, AB 2234 extends elements similar to those of the Permit Streamlining Act to a local agency's review of ministerial "post-entitlement phase permit" applications for housing development projects; and
WHEREAS, under AB 2234, a "post-entitlement phase permit" includes all nondiscretionary permits and reviews that are required or issued by the local agency after the entitlement process has been completed to begin construction of a development that is intended to be at least two-thirds residential. Examples include, among other things, building permits, demolition permits, and permits for minor or standard excavation and grading; and WHEREAS, in addition to above, AB 2234 requires local agencies that are located in counties with a population of 250,000 or greater to implement an online permitting system that allows applicants to apply for, check the status of, complete and retrieve post-entitlement phase permits (local agencies in counties with a population of less than 250,000 are exempt from this online permitting system requirement); and
WHEREAS, for local agencies in counties with a population or 250,000 or greater, the deadline to comply with AB 2234's online permitting system requirement is: (1) January 1, 2024 if the local agency has a population of 75,000 or greater or is located in a county with a population of 1.1 million or greater; or (2) January 1, 2028 for all local agencies not covered by (1); and WHEREAS, the City of Avalon ("City") is subject to the January 1, 2024 deadline because Los Angeles County's population exceeds 1.1 million people; and WHEREAS, any local agency subject to the January 1, 2024 deadline may give itself an extension of up to two years (i.e., to January 1, 2026) if its legislative body does both of the following before January 1, 2024: (1) makes a written finding that adopting an online permitting system by January 1, 2024, would require substantial increases in permitting fees; and (2) has initiated a procurement process for the purpose of complying with the online permitting system requirement; and
WHEREAS, the City desires to extend its deadline to comply with AB 2234's online permitting system requirement to January 1, 2026; and
NOW, THEREFORE, the City Council of the City of Avalon does hereby resolve as follows:
55852.00002\41735539.2 - 1-
SECTION 1. Recitals. The City Council hereby finds and determines that the recitals above are true and correct and are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. The City Council hereby finds that the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly SECTION 3. AB 2234 Findings; Direction to Staff. In accordance with Government Code section 65913.3.5(a)(2)(A)-(B):

1. Substantial Increase in Permitting Fees. The City Council hereby finds that implementing an online permitting system by January 1, 2024 would require substantial increases in the City's permitting fees because the volume of work that needs to be completed will require increased staff time.

2. Initiation of Procurement Process. The City Council hereby directs staff to initiate the procurement process necessary to comply with AB 2234's online permitting system requirements. Such process shall be in accordance with state law and the City's applicable procurement policies.

SECTION 4. Extension. The City Council hereby elects to extend its deadline to implement an online permitting system to January 1, 2026.

SECTION 5. Effective Date. This resolution shall become effective immediately upon its adoption.

SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this 28'h day of November, 2023.

Ann H. Marshall, Mayor
ATTEST
Gabrielle Morones, Deputy City Clerk

APPROVED AS TO FORM
Scott Campbell, City Attorney
55852.00002141735539.2 -2-

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) sS.

CITY OF AVALON )
1, Gabrielle Morones, City Clerk of the City of Avalon, California, DO HEREBY CERTIFY that foregoing Resolution No. _ was duly passed and adopted by the City Council of the City of Avalon at their regular meeting held on the 28th day of November, 2023, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

GABRIELLE MORONES

DEPUTY CITY CLERK
55852.00002\41735539.2 -3-

CITY OF AVALON CITY COUNCIL
MEETING DATE: November 28, 2023 AGENDA ITEM: 10
ORIGINATING DEP: Finance CITY MANAGER: AMM
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Revised Fiscal Year 2023-2024 Miscellaneous Fee Schedule RECOMMENDED ACTION(S): 1. Hear a presentation regarding the Miscellaneous Fee Schedule. 2. Open the Public Hearing to hear public comments. 3. Close the Public Hearing. 4.

If consensus, adopt the fee schedule with revisions as proposed.

REPORT SUMMARY: The City charges fees for miscellaneous public services, use of City facilities and equipment rental and other activities. User fees are assessed and collected for City services and programs provided by various departments. These are services that convey a benefit, grant a privilege, provide for review and enforcement of regulatory activities, enforce laws, or are a condition of development. Under State law, cities may charge fees to recoup the direct and indirect costs related to the provision of user services.

The City of Avalon Fire Department plans to utilize The Compliance Engine, a web-based service, to track inspections, testing, and maintenance of fire protection systems. While there is no direct cost to the City for this service, third-party contractors that inspect, test, and maintain fire protection systems will be charged by The Compliance Engine $20 per submittal of required reports. Reports submitted late will be subject to a late fee ranging from $10 to $20. This fee is passed from the third-party contractor directly to the user; however, the underlying inspections and reporting is required by the City.

The revised fees have been highlighted in the proposed fee schedule attached.

GOAL ALIGNMENT: City costs will be offset by annual revenues.

FISCAL IMPACTS: No impact as revenue generated offset by service costs.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The costs of special services will not be fully funded through fees paid by the users of those services. The unfunded portion of user services would then be subsidized by general tax revenues and/or available fund balances.

FOLLOW UP ACTION: Adopt the attached resolution establishing city rates and fees for services.

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

ATTACHMENTS: Resolution, Exhibit A - Revised Proposed Miscellaneous Fee Schedule FY23-24
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF AVALON SETTING FEES FOR SERVICES, FACILITIES
AND ACTIVITIES OF THE CITY OF AVALON FOR FISCAL YEAR 2023-24 WHEREAS, Pursuant to a Public Hearing held on November 28, 2023, the City Council considered the recommendations of staff regarding the appropriate fees for permits, approvals, services, activities and other user services; and
WHEREAS, state law allows cities and other local government agencies to recoup the full cost of user services; and
WHEREAS, most city fees were previously adjusted effective July 1, 2023; and listed in "Exhibit A" attached hereto and incorporated by this reference shall be set by resolution of the City Council; and
WHEREAS, the fees, charges and costs listed in "Exhibit A" have been available for public inspection for at least 10 days;
NOW, THEREFORE, the City Council of the City of Avalon, State of California, does determine, find and resolve as follows:

Section 1: The City Council hereby finds that the fees set forth in "Exhibit A" Miscellaneous Fee Schedule Fiscal Year 2023-24 represent a reasonable estimate of the cost of providing the services, activities and/or facilities for which fees are charged.

Section 2: The City Council hereby adopts the fees for City services, activities and/or facilities as set forth in "Exhibit A" attached hereto and made a part hereof, which shall be effective July 1, 2023.

PASSED, APPROVED AND ADOPTED by the City of Avalon, State of California this 28'h day of November, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk

REVISED FEE

SCHEDULE
Fiscal Year 2023-2024
19 13
Proposed November 28, 2023
Table of Contents
Section Department Page
General Administration
Code Enforcement 2
III Vehicles 3
IV Cemetery 4
V Fire 5
VI Harbor 6
VII Community Services 8
VIII Facility Rentals 9
IX Use of Manpower and Equipment 10
Transit 11
XI Planning
XII Public Works 17

CITY OF AVALON
FISCAL YEAR 2023-2024

MISCELLANEOUS FEE OR SERVICE
SECTION I - GENERAL ADMINISTRATION UNIT FY 24
Administrative Permits
implified Music Applicatio Each 283
loise Ordinance Varianc Each 283
Per Day 80
Per Month 2400
Each 15
Cost + 20%
Late Payment Fee (unless stated elsewhere) Each 10% (min $25) Late Payment Interest on Past Due Balance Monthly 0.50% Each 272
Each 75
Each 272
Each 272
Appeal to Hearing Officer Each 272
Appeal to City Council Each 455
Film Location Permits
Application Fee Each 150
Ten or fewer employees Each 264
More than ten employees Each 353
Still Photography Permit Day 123
Business License Program Collection Fee
TOTAL Business License Collection Fee Each 41
License Tase. Collection Fee is set by resolution. Sec. 3-1.112 of the Municipal Code and is the fee for processing the Business Per SB1186 $1 ($4 through 12/31/2023) for Division of State Architect (DSA) for Certified Each 4 Access Specialist
Business License Tax is on pg 3.109 Sec. 3-1.202 of the Municipal Code and can only be changed by an ordinance eturned Chec
eturned Che Each 30
Each Returned Check after first offense Each
Other Fees
Copy Fee Each 0.12
Lamination Fee Each 2
Commuter Card Replacement Each 13
2 CITY OF AVALON
FISCAL YEAR 2023-2024

MISCELLANEOUS FEE OR SERVICE
SECTION II - CODE ENFORCEMENT UNIT FY 24
Animal Control
Animal Control Each 30
Animal Round Up Each 50
Animal Boarding Each 45
Dog License - Annual
10 Unaltered 35
Duplicate Tag
Fats, Oils and Grease (FOG) Program
Fats, Oils and Grease Permit Fee 405
117
Re-Inspection Fee 178
Replacement FOG Binder 63
Replacement Best Management Practice Poster 20
Fines
Vehicle Impound 192
Outdoor Restaurant Review 272
Bicycle-Daily Storage
Noise Violation (First Offense)
Noise Violation (Second Offense) 500
Noise Violation (Third Offense) 1000
Fix It Ticket 28
Obedience to Traffic Device 53

BECEEEENEETEREEE
Parking on Private Property 53
Loading Zone 53
Curb Marking 53
Commercial Overnight Parking
Fire Lane
Fire Hydrant 98
18" from Curb 53
Disabled Parking 465

CITY OF AVALON
FISCAL YEAR 2023-2024

MISCELLANEOUS FEE OR SERVICE
[SECTION III - VEHICLES UNIT FY 24
Vehicle Permits
Residential Autoette Each 50
Residential Vehicle Each 50
Commercial Autoette App. (Hearing)
First Hearing Each 79
Autoette Renewal Each 50
Commercial Vehicle App.(Hearing)
First Hearing Each 79
Vehicle Renewal Each 50
Non Emergent Public Service Permit Each 50
Oversized Autoette App.(Hearing)
Each
80 Autoette Renewal Each
Oversized Vehicle App.(Hearing)
First Hearing Each 79
Vehicle Renewal Each 50
On Service Call Placard (Annual Permit) Each 24
Interior Vehicle Each 50
Duplicate Hearing Notice Each 88
Hearing Officer Appeal Each 273
City Council Appeal Each 456
Daily Temporary Permit Each 35
Monthly Temporary Permit Each 365
Permit Late Fee Each 31

CITY OF AVALON
FISCAL YEAR 2023-2024

MISCELLANEOUS FEE OR SERVICE
SECTION IV - CEMETERY UNIT FY 24
Single Ground Burial
Plot 1,237
Maintenance 224
Open/Close Grave 901
Vault 993
Ground Memorial Cost+10%
(including Processing Fee)
Marker Placement 206
Ground Vase 20
Double Ground Burial
Plot-Double Deep Each 1,794
Maintenance Each 454
Vault Each 993
Ground Memorial Each Cost+10%
ncluding Processing Fee (w/ $800 Deposit)
lame Scrolls for Ground Memori Cost+10%
Each
Each Cost+10%
(including Processing Fee)
Marker Placement Each 206
Burial of Cremated Remains
Each 618
Each 117
Open/Close Grave Each 277
round Memoria Cost+10%
(including Processing Fee) Each
(w/ $800 Deposit)
Marker Placement Each 206
Cremated Remains in Niche Wall
Niche Each 675
Placement of Remains in Niche Each 86
Small Niche Vase Each Cost
Single Niche Plaque 10% of Cost
Each
Doubling Profeing .

Each 10% of Cost
(including Processing Fee)
Installation of Plaque Each
Scroll for Companion Plaque Each 10% of Cost
(including Processing Fee)
Memorial for Cremated (Scattered) Remains
Memorial Wall Reservation 222
Memorial Wall Plaque Cost+10%
(including Processing Fee)
Installation of Plaque 80
Small Burial Vault 191

CITY OF AVALON
FISCAL YEAR 2023-2024

MISCELLANEOUS FEE OR SERVICE
SECTION V- FIRE UNIT FY 24
*Per LA County Emergency Medical Services Agency Rate Schedule Ambulance Service (ALS) Non Emergency Each 2,532
Ambulance Service (ALS) Emergency Each 2,710
Ambulance Service (BLS) Non Emergency Each 1,687
Ambulance Service (BLS) Emergency Each 1,809
Mileage Rate Per Mile 23
Oxygen Service Each 108
Copy of Report Fire/Ambulance Each 44
False Alarm
1st None
2nd
3rd 179
Weed Abatement
Weed Abatement (including Processing Fee) Each Cost + 20% Plan Check
Hoods Per Plan Check 620
Sprinkler Per Plan Check 620
Alarm Per Plan Check 620
Fire Per Plan Check 307
Occupancy Calculation Per Plan Check 156
Hydrant Flow Check Per Plan Check 144
Automatic Dialer Alarm System
Signup Each 222
Renewal Each 322
Hazardous Material Clean Up
Hazardous Material Clean Up Each Cost + 20%
(including Processing Fee)
Hazardous Inspections Each 153
Low Each 153
Ordinary Each 153
High Each 300
Special Each 300
Reinspection Each 300
Inspection Report Submission Fee
Inspection Report Submission Fee Per Submittal 20
Late Fee for Submission after 30 Days Per Submittal
Late Fee for Submission after 60 Days Per Submittal
Late Fee for Submission after 90 Days Per Submittal
6 CITY OF AVALON
FISCAL YEAR 2023-2024

MISCELLANEOUS FEE OR SERVICE
[SECTION VI - HARBOR UNIT FY 24
Credit Card Processing Fee Each 3.99%
Hoist Each 34
Harbor Spills (incuding Processing Fee) Each Cost + 20% Harbor Discharge Appeal Each 480
Towing Fee Each 89
Waterside Application Fee Each 286
Waterside Application Deposit
1st Installment Due 4/1 500
2nd Installment Due 8/1 500
78 Storage Fee - Per Week Per week
Mooring Service Charge (Mooring Use - Nightly Rate)
Daily Free
30' and under Daily 46
31 to 39 Daily 50
40 to 49 Daily 63
50'59% Daily 77
60' to 69 Daily 101
70' to 79 Daily 125
80' to 89' Daily 139
90' to 99 Daily 166
100 or more Daily 187
Special Spring/Fall rate: Pay 4 nights
Spring - Palm Sunday thru June 15th Nights consecutive and get the Fall - Sept 15th thru Oct 14th next 3 free
Pay 2 nights
Special Winter rate: Nights consecutive and getthe
October 15th thru Palm Sunday next 5 free
Mooring Service Charge - Hospital Measure H Daily
Mooring Service Charge (Mooring Use 4 Hour Rate = 1/2 of Daily Rate 30' and unde Each 23
Each 25
Each 32
Each 39
6ơ to 69° Each
70179' Each
80' to 89' Each
90' to 99' Each
100' or more Each
7 CITY OF AVALON
FISCAL YEAR 2023-2024

MISCELLANEOUS FEE OR SERVICE
SECTION VI - HARBOR UNIT FY 24
Annual Lease Fees
Annually 1,725
40 & 45 Annually 2,307
Annually 3,459
60' and above Annually 4,151
Annual Mooring Permit (cost/ft/month) Annually 1.09
Plus maintenance, chain and taxes
Water Dock Coin Operation for Fresh Water Cost
Harbor Use Fees and Wharfage
Harbor Businesses 7% gross receipts
4% gross receipts
er Passeng 3.00
Wharfage - Cross Channel Carriers ach Wa
Wharfage - Cruise Ships (100% of landed passengers) Per Passenger 5.00 harfage - Hospital Measure Per Passenger 2.00
Increases to $2.00 effective April 1, 2024
Shoreboat Fee Per Passenger 7.00

CITY OF AVALON
FISCAL YEAR 2023-2024

MISCELLANEOUS FEE OR SERVICE
SECTION VII - COMMUNITY SERVICES FY24
Sports Programs
T-Ball Each 35
Basketball (Youth) Each 35
Flag Football (Youth) Each 35
Swimming Lessons (Youth) Each 8/class
Soccer (Youth) Each 35
Day Camp (Weekly) Summer 2024 Each 80
Day Camp (Daily) Summer 2024 Each 20
Basketball (adut) Each 35
Flag Football (Adult) Each 35
Volleyball (Adult) Each 35
Soccer (Adult) Each 35
Recreation Registration Late Fee Each COST + 20%
Festival Booth
Non-Profit Orgnization (without food preperation) Each 40 Non-Profit Orgnization (with food preperation) Each 60
All Other Each 90
Kayak and Stand Up Board Rack Rental
Six Month Each 100
Annual Each 170
Permit Applications
Street Performer Each 35
Sidewalk Vendor Each 35
Special Events - Commercial Each 100
Special Events - Not-for-profit, Government agency Each 50 Advertising (Vons Digital Sign Board)
Two-week Post Each 11
Annual Post Each
Other Recreation Programs
Contract Recreational Programs Contracted Rate
Other Equipment Rental
Field lighting (two hour minimum) Hourly 40
Chair Rental (min. 25 chairs) Each
Table Rental (min. 5 tables) Each
Chair and Table Refundable Deposit Each
9 CITY OF AVALON
FISCAL YEAR 2023-2024

MISCELLANEOUS FEE OR SERVICE

SECTION VIII - CITY FACILITY RENTALS
Group Designations for Facilty Rentals (New Tiers FY24):

Tiered rates to provide discount rates for resident and non-profit organizations.

Group 1: City of Avalon sponsored or co-sponsored event or program Group 2: Resident private use; not-for-profit organizations; governmental agencies Group 3: Non-resident private use; commercial use
Full Day
Half Day
insurance Requirements
The City requires facility renters to obtain liability insurance naming the City of Avalon as additional insured as the property ner/lessor. The renter must obtain this on their own. The City of Avalon will assist in this process by providing a step-by-step guil how to obtain the required insurance, which will include a list of affordable insurance agencies meeting our requiremer Facilities Damage & Cleaning Deposit
Council Chambers 250
City Hall Conference Room 250
Tremont Hall 300
Joe Machado Field 500
FY 24
Use of Facilities Group 1 Group 2 Group 3
City Hall Council Chambers
Full Day 75 300
Half Day 40 160
City Hall Conference Room
Full Day 75 300
Half Day 40 160
City Park, Knabe Park, Kids Park
30 85
Basketball Court, Volleyball Court
Two (2) Hour Maximum ol 30| 85
Skate Park
Full Day I 30| 85
Wrigley Stage
Full Day 30 75
Beach Permit
Four (4) Hour Maximum 140| 200
Street Banners
General (Six Weeks) 50 200
Tremont Hall
Full Day 125 300
Half Day 80 160
Joe Machado Field
Full Day 250 350
Half Day 140 200
Resident Recreation League 47
Joe Machado Field (Courtyard Only)
Full Day • 0 120%
Half Day
10 CITY OF AVALON
FISCAL YEAR 2023-2024

MISCELLANEOUS FEE OR SERVICE
SECTION IX - USE OF MANPOWER AND EQUIPMENT UNIT FY 24
The rates are used by staff to create a composite rate for a specific service such as sewer lateral repair. The City charges the same equipment rental ratos hat are specied n the cateria stale transporater Apency (Calans).

Public Safety
Firefighter/Engineer Hourly 75
Harbor Patrol Officer** Hourly
Sheriff Deputy** Hourly Cost +20%
Public Works
Lead Worker Hourly 57
Maintenance Worker I!! Hourly 48
Maintenance Worker I! Hourly 42
Maintenance Worker I Hourly 36
Other Personnel Hourly 1.5 x hourly rate
Overtime Hourly 1.5 x hourly rate
Call Out (2 Hour Minimum) Hourly 1.5 x hourly rate
Sidewalk Street Sweeper Machine Hourly 46
Waste Water Contracted Worker Hourly Cost+20%
mbulance Hourly 35
Hourly 35
Fire Engine Hourly 47
Harbor Patrol Boat Hourly 35
Pick-Up Truck Hourly 33
Hourly 47
Street Sweeper / Trash Truck Hourly 35
Hourly 35
Sewer Cleaning & Inspection:

Four (4) hour minimums required for wor
Vactor Truck Hourly 135
Robotic CCTV Hourly 79
Video Pipe Camera Hourly 35
City Pick Up Truck Hourly 33
Towable Pressure Washer; Jetter Hourly 31
Jetting Program - (Private Lateral Maintenance)
Consists of Lead.

Scheduled Annual Service Hourly
*Public safety costs for events that contribute more than 40% al vet proceeds, but not less than $5,00, to local charities shall be 11 CITY OF AVALON
FISCAL YEAR 2023-2024

MISCELLANEOUS FEE OR SERVICE
SECTION X - AVALON TRANSIT UNIT FY 24

FIXED ROUTE TRANSIT
General Public Per Ride Per Ride
General Public Per Pass Day
General Public Per Pass Week 20
General Public Per Pass Month 40
Children Under 6 with Paying Passenger Per Ride FREE
Limited to a maximum of 2 children per paying passenger ACCESS
Per Ride 2
ADA Eligible Individual's Personal Care Attendan Per Ride FREE ADA Eligible Individual's Companions) Per Ride 2
Children under 6 years with an ADA Eligible Individual Per Ride FREE (Limited to a max of 2 children per paying passenger

DIAL-A-RIDE
Eligible Resident, Senior, or Disabled Individual Per Ride Per Ride Eligible Individual Ride to Hamilton Cove Per Ride 4
Children under 6 years with an Eligible Individual Per Ride FREE Limited to a maximum of 2 children per paying passenger CHARTER Cost + 20%
12 CITY OF AVALON
FISCAL YEAR 2023-2024

MISCELLANEOUS FEE OR SERVICE
SECTION XI - PLANNING UNIT FY 24
Public Noticing Each 272
Tentative Parcel Map Each COST + 20%
Tentative Tract Map Each COST + 20%
Final Tract Map
Final Tract Map Deposit Each 4,562
Final Tract Map - Engineer Review Each COST + 20%
(including Processing Fee)
inal Parcel Map Depos Each 4,562
inal Parcel Ma COST + 20%
Each
Each COST + 20%
(including Processing Fee)
Lot Line Adjustment Each COST + 20%
Conditional Use Permit (CUP)
Condo Conversion Each 2,734
Bonus Density Each 2,734
All Others Each 1,822
Each 3,760
Home Occupancy Review Each 184
Variance
Less than 25% Each 603
Greater than 25% Each 1,207
Coastal Development Permit (CDP) Each 1,156
Zone
Zone Change Each 4,555
Zone Change+ Local Coastal Permit (LCP) Each 9,109
Zoning Confirmation letter Each 284
Temporary Sign Permit Each 89
Business Corner Sign Permit Each 327
Sign Permit Each 284
Sign Variance Each 455
Fees for Additional Processing Needed:

General Plan Amendment Each 2,279
seneral Plan Deposit Each 13,036
General Plan Consultant Preparatior Each COST+20%
ncluding Processing Fe
eneral Plan City Attorney Revie Each COST+20%
(including Processing Fee)
Appeal to Planning Commission
Appeal to Planning Commission Fee Each 911
Development Agreement
Development Agreement Deposit Each 13,036
Development Agreement Attorney Review Each COST+20%
(including Processing Fee)
13 CITY OF AVALON
FISCAL YEAR 2023-2024

MISCELLANEOUS FEE OR SERVICE
SECTION XI - PLANNING (CONTINUED) UNIT FY 24
CEQA
Categorical Exemption Each
Mitigation Negative Declaration Each
Declaration Deposit Each 3,258
Consultant Preparation (including Processing Fee) Each COST+20% Attorney Review (including Processing Fee) Each COST+20% Attorney Preparing/Filing (including Processing Fee) Each COST+20% Mitigation Monitoring (including Processing Fee) Each HOURLY COST+20% EIR
EIR Deposit Each 12,766
Consultant (including Processing Fee) Each COST+20%
Attorney Review (including Processing Fee) Each COST+20% Attorney Preparing/Filing (including Processing Fee) Each COST+20% Attorney Review/ Approval - CC&Rs
Each COST+20%
(including Processing Fee)
Other Permits
Extension-6 Month Each 179
Compliance Certificate Each 418
Administrative Permit Each 450
Accessory Dwelling Unit Permit Each 450
Preliminary Review Fee Each 298
Temporary Use Permit (NEW - FY21) Each 390
Site Plan <25% of building Each 1,207
Site Plan >25% Each 2,414
Building Permits
Issuance Fee Each 44
Valuation $0 to $700 Each 59
Valuation $700 to $25,000 Each 89
Plus: for each additional $1,000 or fraction above $1,000 Each 24 Valuation $25,001 to $50,000 Each 642
Plus: for each additional $1,000 or fraction above $25,000 Each 18 Valuation $50,001 to $100,000 Each 1090
Plus: for each additional $1,000 or fraction above $50,000 Each 13 Valuation $100,001 to $250,000 Each 1,753
Plus: for each additional $1,000 or fraction above $100,000 Each 2885) Valuation $250,001 to $500,000 Each
Plus: for each additional $1,000 or fraction above $250,000 Each Valuation $500,001 and over Each 4,088
Plus: for each additional $1,000 or fraction above $500,000 Each 6 Work within Archeological Sensitive Areas (ASA) - See Archeological Monitoring Fees (Page 13) Strong Motion Instrumentation & Seismic Mapping (SMIP) Fee Collected on behalf of the Dept. of Conservation
California Building Standards & Commission (CBSC) Fee
Collected on behalf of Calif. Building Standards Commission 14 CITY OF AVALON
FISCAL YEAR 2023-2024

MISCELLANEOUS FEE OR SERVICE
SECTION XI - PLANNING (CONTINUED) UNIT FY 24
Green Building Code/Plan Check Fees Included in regular plan check.

Instrumentation Program Surcharge
Residential Each 10%
Other Each 20%
Minimum Each 5%
Energy Conservation Surcharge Each 10%
Disabled Access Surcharge Each

1.5 X Building Permit
Combined Bidg/Plumbing/Electrical/Mechanical (incl. Pools) Each Plan Check 15X Building Permil
Plan Check Each
Standard Plans Each 110
Minimum Each 206
Duplicate plan (percentage of plan check fee) Each 70%
Extension Fee (percentage of plan check fee Each 25%
Grading Permit Fees
Each 46
1-50 cubic yards Each 220
51--1,000 cubic yards Each 328
1,001--10,000 cubic yards Each 1,307
for each additional 100 cu. yds. or fraction above 1,000 Each 92 10,001-100,000 cubic yards Each 216
for each additional 100 cu.yds. or fraction above 10,000 Each 59 101,000 or more Each 7,491
for each additional 100 cu. ds. or fraction above 100,000 Each 147 See Archeological Monitoring Fees for work within Archeological Sensitive Areas (ASA) Grading Plan Check Fees
Grading Plan Check (including Processing Fee) Each COST+20% Deposit 1,878
Landscape Permit Fees
2,500-7,500 square feet Each 259
7,501--15,000 square feet Each 386
15,000--30,000 square feet Each 775
30,001 square feet to 1 acre Each 946
Landscape Plan Check Fee
Landscape Plan Check (including Processing Fee) Each COST+20% Deposit 1,252
15 CITY OF AVALON
FISCAL YEAR 2023-2024

MISCELLANEOUS FEE OR SERVICE
SECTION XI - PLANNING (CONTINUED) UNIT FY 24
Additional Fees
Work Commencing before Permit Issuance Per CBC 109.- Each 2x Permit Fee Each Min. $100
Each 46
Each 574
Occupancy Inspection (Change of Use)
Residentia Each 299
732
882
1,468
2,223
519
223
Demotion Paper on Assor cad
332
299
Each 223
Each 36
Each 593
Each 1,186
Each 220
Inspection Outside Business Hours, per hou Each 134
ther inspection, per hou Each 134
Each 126
Each 3
Each 42
Each 176
oncrete / Material Testing (NEW FY21) Each Cost + 20%
jeotechnical Site Reviev
Engineering geology report Each 574
Geotechnical engineering report Each 574
Each 802
Each 574
Coastal engineering reports Each 526
Parking occupant load calculation Each 148
Reproduction of microfilmed plans Each 46
ssignment of house number Each 73
Hourly Rate to review changes Each 148
Hourly Rate to review additional changes Each 148
Certificate of Occupancy
Certificate of Occupancy Issuance Each 138
Temp. Certificate of Occupancy (TCO) (90 Days) Each 207 Each 138
Processing 45-day notice Each 601
Processing Notice of Violation Each 994
Notice of Compliance (Rescission of Notice of Violation) Each 410 Each 275
16 CITY OF AVALON
FISCAL YEAR 2023-2024

MISCELLANEOUS FEE OR SERVICE
SECTION XI - PLANNING (CONTINUED) UNIT FY 24
Noncompliance Fee
R-3 occupancies Each 141
All other occupancies Each 280
Board of Appeals fee Each 597
Alternate material fee Each 304
Additional hourly rate Per hour 151
Electrical Permit
Issuance Fee Each 46
Services, Switchboards
Solar Systems Each 450
nvestigation Fee - Work without Permit
R-3 occupancies Each 234
All other occupancies Each 468
Voncompliance Fee
One and two unit buildings Each 141
For other occupancies Each 280
Saltwater Connection/Disconnection Fees
Connection Each 141
Disconnection Each 46
Sewer Connection Fees
Residential Per dwelling unit 1,092
Public Shower Per shower 366
Hotels 546
Take-Out Restaurant 1,638
Churches B8BEE
Bar/Restaurant (less than 100 seats)
Bar/Restaurant (more than 100 seats)
See Section V. Fire for fire-related plan check fees
17 CITY OF AVALON
FISCAL YEAR 2023-2024

MISCELLANEOUS FEE OR SERVICE
SECTION XII - PUBLIC WORKS UNIT FY 24
Spilled Load (including Processing Fee) Each COST+20%
Nuisance Abatement (including Processing Fee) Each COST+20% Street Sweeping (including Processing Fee) Each COST+20% Landslide Clean-up (including Processing Fee) Each COST+20% Pot Hole Repair (including Processing Fee) Each COST+20% Waste Water Treatment Facility Dump Fee (minimum) Each COST Per Gallon (after 600-gallon minimum fee) Gallon
Public Works Permits
Excavation Permit Each 273
Excavation Deposit (min 550) - Issuance Fee SQUARE FT 45 Excavation Administration Surcharge (non-refundable) Per Deposit 20% of Deposit Excavation Penalty (including Processing Fee) Each COST+20% Encroachment Permit Application Each 273
Obstruction Permit (Daily) Each
Obstruction Permit (Monthly) Each
Curb Cut Application Each
Abandond Vehicle -full cost apprx $1,000/vehicle Each
Archeological Monitoring Fees - Work within Archeological Sensitive Areas (ASA) Issuance Fee Each 46
Excavation Permit: Each 273
Deposit Deposit 4,382
Archeological Monitoring Services (inc. Processing Fee) Each COST+20% Deposit for 10 or more Anticipated Excavations a Year Deposit 8,764 (May or may not be in an ASA)
18 CITY OF AVALON CITY COUNCIL
MEETING DATE: November 28, 2023 AGENDA ITEM:|
ORIGINATING DEP: Administration CITY MANAGER: DuM
PREPARED BY: David Maistros, City Manager
Devin Hart, Management Analyst
SUBJECT: Public Hearing - Appeal of the Decision of the Vehicle Hearing Officer:

Denial of a Renewal for a Commercial Autoette
RECOMMENDED ACTION(S): 1. Open the Public Hearing. 2. Receive Public Comment. 3.

Close the Public Hearing. 4. Consider applicants appeal and determine to either a.) Uphold the decision of the Vehicle Hearing Officer; or b.) Overturn the decision of the Vehicle Hearing Officer.

REPORT SUMMARY: On April 26, 2021, Shawn Cape, on behalf of Dive Catalina, submitted an application for a new commercial autoette permit for a "Tiger Truck". The Vehicle Hearing Officer heard the matter on August 5, 2021 and a decision was issued on August 10, 2021. The Hearing Officer's decision letter granted the permit with the following conditions set forth as Items 4 and 5 in the Findings of Facts and Conclusions of Law:

4. The proposed vehicle will be a Kawasaki 'Mule' which must be approved by the Vehicle Clerk and conform to the lawful size.

5. The applicant maintains overnight off street [parking] at Eucalyptus Apartments.

Avalon Municipal Code (AMC) Section 4-4.1705 (b) establishes a maximum length and width for all autoettes:

Except as specified in subsection (1) and (2) below, an autoette permit shall not be issued for any vehicle that exceeds 55 inches in width, as measured from the widest part of the autoette.
(1) An autoette permit may be issued to an otherwise qualified person for an electric-powered autoette that meets the definition of "Low-Speed Vehicle/Neighborhood Electric Vehicle" as defined in either California Vehicle Code § 385.5 or 49 CFR 571.500 as it existed on January 1, 2010, provided such vehicle is registered with the California Department of Motor Vehicles, has a length of 138 inches or less, including front and rear bumpers, and a width of 67 inches or less, as measured from the widest part of the vehicle, but not including mirrors or door handles."
(2) An autoette permit may be issued to an otherwise qualified person for a SmartForTwo, Scion or "micro-cars" provided such vehicle is registered as a motor vehicle with the California Department of Motor Vehicles and has a width of 67 inches or less, as measured from the widest part of the vehicle, but not including mirrors or door handles and a length no greater than 120.1 inches.

At the time of the Hearing Officer's decision, the dimensions of the vehicle were not presented for consideration. In fact, the original application requested approval of a "Tiger Truck" and not a Kawasaki Mule. Kawasaki Mule's have numerous makes and models that can vary in length from approximately 106 - 140 inches and widths from 52.6 - 64 inches. Ultimately, the vehicle presented for approval by the Vehicle Clerk was approximately 62.5 inches wide by 130 inches in length.

By way of letter dated November 9, 2021, the City Manager notified the applicant that the vehicle does not meet the definition of an autoette as it exceeds the standard dimensions of an autoette (130 inches in length and 55 inches wide). Additionally, a Kawasaki Mule does not meet the definition of a Low-Speed Vehicle/Neighborhood Electric Vehicle, or Micro-Car as described in the AMC. Inasmuch as the vehicle was an over-sized, all-terrain vehicle that was unable to be registered by the City of Avalon, nor licensed by the State of California, the applicant was advised to "remove the vehicle from the streets of Avalon no later than January 1, 2022." The vehicle was not removed as requested. Applicant, through his attorney, requested an additional hearing regarding the denial of his permit. On August 14, 2023, the renewal hearing was held before the Hearing Officer and the Vehicle Hearing Officer formally denied the request for renewal of the permit on September 6, 2023, stating in part.:
"The Hearing Officer hereby denies the renewal of a commercial autoette to this Applicant. The autoette obtained by the Applicant does not conform to the lawful size, and there are no provisions in the code for oversize autoettes. It is unfortunate that the Kawasaki Mule purchased by the Applicant was not measured by the Applicant prior to purchase. There was no evidence presented to establish that the Applicant was misled by city staff to purchase an oversize autoette. The permit granted pursuant to the earlier decision should not have been granted, and the Applicant has had the use of an oversized autoette for over two years. I do not find the Applicant will be unduly prejudiced by replacing the oversize autoette with one that meets code specifications. " [emphasis in original] Per AMC Section 1-4.01 (b), "Except as otherwise specifically provided in this Code, any person excepting to any decision made by any official of the City Pursuant to any of the provisions of this Code may appeal in writing to the Council by filing with the City Clerk a written notice of such appeal setting forth the specific grounds thereof."
The City received a timely appeal from Lily Young Chu in support of Shawn Cape/Dive Catalina on September 28, 2023. However, the appeal fee ($455) has not been paid. The appellant requests that the appeal fee be waived.

City Staff supports the findings of the Vehicle Hearing Officer denying the permit renewal in as much as the decision is consistent with the AMC.

GOAL ALIGNMENT: Consistency in application of AMC.

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

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

FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENTS:
- Vehicle Hearing Application dated April 26, 2021
- Vehicle Hearing Officer Findings and Decision dated August 10, 2021 City Manager's Letter dated November 9, 2021
Vehicle Hearing Officer Findings and Decision dated September 6, 2023 Appeal filed by Lily Young Chu on behalf of Shawn Cape/Dive Catalina

CITY OF AVALON

VEHICLE PERMIT APPLICATION
APPLICATION FOR: check appropriate box

RESIDENT PERMIT RENEWAL

COMMERCIAL PERMIT NEW

COMMERCIAL AUTOETTE PERMIT / TRANSFER

INTERIOR RESIDENT PERMIT , OVERSIZED

INTERIOR COMMERCIAL PERMIT
PUBLIC SERVICE PERMIT explain:_

TEMPORARY PERMIT
OTHER
NOTE: Fill in all lines, and if a line does not apply, mark N/A. (Incomplete Applications will not be considered.) Violations of any conditions are Grounds for automatic revocation of this permit. This application is Subject to denial if the applicant is not in attendance to answer questions.

NAME:_ Shawn Cape / Dive Catalina PHONE 239.560.3843
STREET ADDRESS:_ 107 Pebbly Beach Rd P.o. BOx: 1282
NAME OF BUSINESS: Dive Catalina
CITY BUSINESS LICENSE #: 009507
email: Usmc 9953€
Ic loud.

1. List all vehicles owned by the applicant or business (Vehicle Type and License). com
Circle (P) for Personal, © for Commercial, (O) if Oversized (more than 200" in overall length). Please use a separate sheet of paper if necessary.

A. TYPE Tiger Truck LICENSE 5DHT000_p * o
B. TYPE LICENSE PC O
C. TYPE LICENSE P C O
D. TYPE LICENSE P CO
E. TYPE LICENSE P C O

2. Is there another vehicle or source of transportation available to fulfil the need. (i.e. commercial freight carrier, taxi, autoette, motorcycle) YES

VEHICLE APPLICATION

Page 2 ends

Describe how this vehicle is necessary to the functioning of the business.

This vehicle will be used for moving scuba equipment to and from Casino Point and to the air fill station at a storage facility.

If the vehicle is oversized, why is it necessary to be oversized? The vehicle sought would be more efficient, reducing street congestion and fewer trips through Avalon.

Where will the vehicle be parked when not in use?
When not in use it would be parked at Eucalyptus Apts.

I have read and understand this application, the conditions of the permit applied for, and agree to abide by them. I understand that the permit, if approved, is subject to revocation if the conditions of approval or the City of Avalon Vehicle Code is violated.

APPLICANT'S SIGNATURE DATE 4/26/21

JOB LIST FOR COMMERCIAL AND TEMPORARY PERMITS
PLEASE list the jobs performed during the last six months:

Moving scuba tanks from the dive shop located
at 107 Pebbly Beach Rd to the air fill station at
Moonstone Storage and scuba equipment to
Casino Point.

PLEASE list anticipated jobs in the next six months:

There is no expected change in jobs.

Please return this application to City Hall. You will be given at least 10 days advanced notice of your hearing.

City of Avalon
Santa Catalina Island, CA
KENNETH B. DAPEER
Vehicle Hearing Officer

DECISION GRANTING APPLICATION FOR A NEW COMMERCIAL

AUTOETTE PERMIT
APPLICANT:

Dive Catalina
P.O. Box 1282
Avalon, CA 90704

FINDINGS OF FACT AND CONCLUSIONS OF LAW

1. On or about April 26, 2021, Dive Catalina, Applicant herein, applied for a to transfer an autoette to his business. However, since commercial autoette permits may not be transferred, the application was amended seeking a new commercial autoette permit pursuant to Section 4-4.1703(c) of the Avalon Municipal Code. Staff did not object to the application being amended so that the matter could be heard at this time.

2. The Hearing Officer considered the application at a duly noticed hearing on August 5, 2021, at which time both oral and written evidence was received.

Business owner Shawn Cape appeared for Applicant Dive Catalina. Miguel Bonilla, Administrative Assistant for the City of Avalon, was present on behalf of Avalon staff and participated in the hearing along Alex Campos who will be the Vehicle Clerk handling these hearings going forward. Due to the Covid19 pandemic, the hearing was conducted by remote video with the consent of all parties.

3. Applicant seeks a commercial autoette to move scuba equipment to and from 107 Pebbly Beach Road and to the air fill station at a storage facility at Moonstone Storage and to Casino Point for his business which was acquired in January of 2021. Mr. Cape testified that the tanks are heavy and bulky, and that an autoette would be the most efficient means of moving the equipment which is a crucial to operate a scuba diving operation. Applicant also testified that scuba diving not merely seasonal and is now an all-year activity. The business maintains an Avalon business license (009507). dalene in Hallelo dalon Canton Road • PO Bos C0e Salon C 0 000-00- Telephone: 2105100220• Facene: 3005100001 sand motdsalon.coom -

Page 2 ends

4. The proposed vehicle will be a Kawasaki "Mule" which must be approved by the Vehicle Clerk and conform to the lawful size.

5. The applicant maintains overnight off street at Eucalyptus Apartments.

DECISION
The Hearing Officer hereby grants the application for a new commercial autoette permit for a period of one year.

Applicant is advised to take this Decision, along with the title documents, promptly to the City Vehicle Clerk to have said permit issued to the appropriate vehicle. The Applicant is further advised to carefully note the expiration date for such permit.

IT IS THE RESPONSIBILITY OF THE PERMIT HOLDER TO SUBMIT A

RENEWAL APPLICATION FOR THE PERMIT GRANTED PURSUANT TO THIS DECISION PRIOR TO ITS EXPIRATION. FAILURE TO TIMELY APPLY FOR

RENEWAL OF THIS PERMIT MAY RESULT IN THE LOSS OF THE RIGHT TO RENEW.

Dated: August 10, 2021

KENNETH OPER
Vehicle Hearing Officer

Page 3 of 3 ends

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

Olympic Blvd., Suite 550, Los Angeles, CA 90064-1524.

I served the foregoing document described as DECISION, etc., by depositing a true copy thereon in the United States Mails in Los Angeles, State of California, on August 10, 2021, enclosed in a sealed envelope, with the postage fully prepaid, addressed as follows:

Dive Catalina
P.O. Box 1282
Avalon, CA 90704
Miguel A. Bonilla, Vehicle Clerk
City of Avalon
P.O. Box 707
Avalon, California 90704
I declare under penalty of perjury that the foregoing is true and correct.

Executed on August 10, 2021, at Los Angeles, California.

Man W
Maria Martinez, Declarant
City of Avalon
Santa Catalina Island, CA
November 9, 2021
Mr. Shawn Cape
Dive Catalina
PO Box 1282
Avalon, CA 90704
Sent via USPS Certified Mail and e-mail - [email protected] Dear Mr. Cape,
As you know, on April 26, 2021 the City of Avalon was contacted via email by Lily Chu. Ms. Chu was acting on your behalf to help coordinate replacement of a commercial autoette for Dive Catalina.

After further correspondence with yourself and Ms. Chu, and a review of the City's files associated with Dive Catalina, it was determined that the business had been sold; however, no formal filings had been made with the City of Avalon. The formal filings to be completed included transfer of business license, application for a transportation permit and application for a new commercial autoette permit.

On May 13, 2021, the City received your business license transfer card, application for transportation permit and application for a commercial autoette permit.

The transportation permit application was approved at the May 18, 2021 City Council meeting On August 5, 2021, the City of Avalon's Vehicle Hearing Officer granted Dive Catalina's application for a new commercial autoette permit. The permit was granted by the vehicle hearing officer, however, it was noted that the vehicle must be approved by the vehicle clerk and conform to the lawful size as outlined in the Avalon Municipal Code (AMC) Title 4, Chapter 4, Article 17, Section 4-4.1705.

Per the AMC:

Except as otherwise set forth below or unless the applicant demonstrates and the Hearing Officer finds, for non-autoette permits only, that (1) the weight, length, width and nature of a vehicle is necessary for the proposed use, (2) a smaller vehicle cannot satisfy the applicant's transportation requirements, and (3) the vehicle will not have a deleterious impact on traffic congestion, traffic safety, parking, and noise, no vehicle permit for any vehicle authorized by § 4-4.1703 shall be issued nor transferred pursuant to § 4-

4.1707, unless the vehicle satisfies the following size limitations:
(a) ...

Avalon City Hall • 410 Avalon Canyon Road • PO Box 707 • Avalon, CA 90704-0707 Telephone: 310.510.0220 • Facsimile: 310.510.0901 • www.CityofAvalon.com (b) Except as specified in subsection (1) and (2) below, an autoette permit shall not be issued for any vehicle that exceeds 55 inches in width, as measured from the widest part of the autoette. (1) An autoette permit may be issued to an otherwise qualified person for an electric- powered autoette that meets the definition of "Low-Speed Vehicle/Neighborhood Electric Vehicle" as defined in either California Vehicle Code § 385.5 or 49 CFR 571.500 as it existed on January 1, 2010, provided such vehicle is registered with the California Department of Motor Vehicles, has a length of 138 inches or less, including front and rear bumpers, and a width of 67 inches or less, as measured from the widest part of the vehicle, but not including mirrors or door handles."
(2) An autoette permit may be issued to an otherwise qualified person for a SmartForTwo, Scion or "micro-cars" provided such vehicle is registered as a motor vehicle with the California Department of Motor Vehicles and has a width of 67 inches or less, as measured from the widest part of the vehicle, but not including mirrors or door handles and a length no greater than 120.1 inches.

Unfortunately, the proposed vehicle, a Kawasaki "Mule," exceeds the maximum allowable width (55 inches) and does not fall within the two exemptions provided by the AMC.

Additionally, all autoettes, as defined by the AMC must be registered with the State of California Department of Motor Vehicles. Per the AMC, an autoette "shall not include any motor vehicle that is an "all terrain vehicle" as defined in the California Vehicle Code." To date, you have not procured license plates for the vehicle provided lawfully by the State of California Department of Motor Vehicles. City Staff have done extensive research and it has been determined a Kawasaki "Mule" falls within the definition of an "all-terrain vehicle," not an autoette, and therefore will not be permitted by the State of California.

In light of the above, I am requiring the vehicle be removed from the streets of Avalon effective no later than January 1, 2022.

The City has worked diligently, in good faith, in an attempt to mitigate the issues surrounding this vehicle and the transfer of your business operations; however, as six months have passed and there is no resolution the City must take action.

Please let me know if you have any questions about the City's determination.

Sincerely,
Venise Clode
Denise A. Radde
City Manager
CC: City Attorney
City of Avalon City Council
Lily Chu
City of Avalon
Santa Catalina Island, CA
KENNETH B. DAPEER
Vehicle Hearing Officer

DECISION DENYING RENEWAL OF COMMERCIAL AUTOETTE PERMIT
APPLICANT:

Shawn Cape
Dive Catalina
P.O. Box 1282
Avalon, CA 90704

FINDINGS OF FACT

1. On or about April 26, 2021, Dive Catalina, Applicant herein, applied for a commercial autoette permit pursuant to Section 4-4.1703(c) of the Avalon Municipal Code for the business Dive Catalina. A decision was reached on August 10, 2021 granting the issuance of a commercial autoette. A copy of of my prior decision is attached hereto as "Exhibit 1".

2. This matter was set for a vehicle hearing on August 14, 2023 for permit renewal. The Hearing Officer considered the matter at a duly noticed hearing on August 14, 2023 at City Hall, at which time both oral and written evidence was received. Applicant, Shawn Cape personally appeared. Rocio De La Cruz appeared for the City of Avalon.

3. It is unclear whether this August 14, hearing was set by staff or the Applicant. My prior decision was valid for only one year. Pursuant to the code Applicant was required to timely file for renewal of the August 10, 2021 decision within one, and I have no records showing that a renewal hearing took place prior to this time. I am treating this proceeding as the one-year renewal hearing, albeit late. During Covid, delays often occurred in renewal applications being timely filed and heard. There is no prejudice to the City or to the Applicant for the delayed hearing of this renewal.

4. Applicant's initial application in 2021 proposed the use of a Kawasaki Mule, which needed to be approved by Vehicle Clerk and conform to lawful size.
talon & it Hale 410 Salon Canyon Road. Po Boy 20e dralon C 1 0oO= Telephone: 210.510,0220 Facemale: 300 5000t • wand moddealon.com

Page 2 of 4 ends

5. Apparently, Kawasaki makes different models of the "Mule" vehicle, with some being larger than the permitted size, and others being within the size specifications. Applicant acquired and has been utilizing a model that exceeds the size limits set forth in the Municipal Code according to the Vehicle Clerk.

6. Applicant requires the use of an autoette to move scuba equipment to and from Pebbly Beach Road and to the air fill station at a storage facility, and to Casino Point, and the business appears to be viable and robust to warrant the continued use of lawfully sized autoette.

APPLICABLE LAW
Section 4-4.1703(c) states that in order to grant a commercial autoette permit the following findings must be made in an affirmative manner:
a. The commercial autoette for which a permit is requested is necessary to the proper functioning of the commercial enterprise.
b. The commercial enterprise has no other vehicle, autoette or other source of transportation that can reasonably satisfy its transportation requirements, including resident vehicles and autoettes.

Size Requirements are stated in Section 4-4.1705 (b). Except as specified in subsection (1) and (2) below, an autoctte permit shall not be issued for any vehicle that exceeds 55 inches in width, as measured from the widest part of the autoette.
(1). An autoette permit may be issued to an otherwise qualified person for an electric-powered autoette that meets the definition "Low-Speed Vehicle/Neighborhood Electric Vehicle" as defined in either California Vehicle Code § 385.5 or 49 CFR 571.500 as it existed on January 1, 2010, provided such vehicle is registered with the California Department of Motor Vehicles, has a length of 138 inches or less, including front and rear bumpers, and a width of 67 inches or less, as measured from the widest part of the vehicle, but not including mirrors or door handles."
(2). An autoette permit may be issued to an otherwise qualified person for a SmartForTwo, Scion or "micro-cars" provided such vehicle is registered as a motor vehicle with the California Department of Motor Vehicles and has a width of 67 inches or less, as measured from the widest part of the vehicle, but not including mirrors or door handles and a length no greater than 120.1

Page 3 of 4 ends

Unlike full size vehicles, there are no provision in the Avalon Municipal Code for approval of an oversize autoette.

DECISION
The Hearing Officer hereby denies the renewal of a commercial autoette to measured by the Applicant prior to purchase.
presented to establish that the Applicant was misled by city staff to purchase an oversize autoette. The permit granted pursuant to the earlier decision should not have been granted, and Applicant has had the use of an oversized autoette for over two years. I do not find that Applicant will be unduly prejudiced by replacing the oversize autoette with one that meets code specifications.

While I am unable to approve a renewal for the current oversize autoette, I do believe that Applicant deserves to operate his business with an autoette provided said vehicle meets the size standards, and I find that the business requires an autoette to effectively operate.

In the alternative, if Applicant promptly obtains an autoette of the proper size and removes the current Kawasaki Mule off of Catalina Island prior to the commencement of an appeal hearing, I will, upon request of the Applicant, modify my decision and allow approval of an autoette provide it meets the size criteria set forth in the code.

The appeal rights are attached to this decision.

Dated: September 6, 2023
Hernet Dareer
KENNETH B. DAPEER
Vehicle Hearing Officer

Page 4 of 4 ends

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

Olympic Blvd., Suite 550, Los Angeles, CA 90064-1524.

I served the foregoing document described as DECISION, etc., by depositing a true copy thereon in the United States Mail in Los Angeles, State of California, on September 6, 2023, enclosed in a sealed envelope, with the postage fully prepaid, addressed as follows:

Shawn Cape
Dive Catalina
P.O. Box 1282
Avalon, CA 90704
Rocio De La Cruz, Vehicle Clerk
City of Avalon
P.O. Box 707
Avalon, California 90704
I declare under penalty of perjury that the foregoing is true and correct.

Executed on September 6, 2023, at Los Angeles, California.

Manl
Maria Martinez, Declarant

RECEIVED
SEP 2 8 2023
amande
1 DECLARATION OF LILY YOUNG CHU AS APPEAL OF DECISION DENYING

RENEWAL OF COMMERCIAL AUTOETTE PERMIT
2 DATED SEPTEMBER 6, 2023
3 1, Lily Young Chu, declare as follows:
4 1. I have personal knowledge of the facts set forth herein, which are known by 5 me to be true and correct, and if called as a witness, I could and would competently testify thereto 6 2. This declaration is submitted in support of Shawn Cape's and/or Dive 7 Catalina's continued use of his vehicle on Catalina Island, California and renewal of his 8 commercial autoette permit. Shawn Cape is the owner of Dive Catalina. 9 3. Mr. Cape's renewal hearing was set by the City of Avalon. He received a call advising that "Mr. Cape's attorney requested the hearing" and that the hearing was scheduled 11 for August 14, 2023 without any notice to Mr. Cape's attorney. 12 4. Mr. Cape made multiple visits and phone calls, sent multiple emails to the 13 City of Avalon to no avail prior to my involvement. On or about April 26, 2021, 1 emailed Ms. 14 Radde and others re Approval Request for Dive Catalina's dire need for a new vehicle to operate 15 their business. A true and correct copy of this email is attached hereto as Exhibit A.

Approximately 75 emails have gone back and forth with the City of Avalon regards to Mr. Cape's 17 vehicle, including multiple hearings and meetings with Mr. Radde. 18 5. On or about May 25, 2021, I had a phone conversation with Mr. Miguel 19 Bonilla about the procedures and details of the transfer and approval hearings necessary to permit 20 the vehicle. During this conversation, I advised him of the vehicle that Mr. Cape would like to 21 purchase and I confirmed with him that size would not be an issue. He asked if the vehicle was on 22 the Island and I said no since we didn't want to incur the cost of purchasing and transferring the 23 vehicle without knowing it would be accepted. Mr. Bonilla specifically said that if the vehicle fit 24 the "new 130" length requirement, there would be no problem. I asked him about weight and 25 width and he said width was not an issue, they were more concerned with length. A true and 26 correct copy of this email is attached hereto as Exhibit B. 27 6. On or about June 2, 2021, Mr. Cape went to City Hall to obtain a permit 28 with his newly purchased vehicle. He was denied. I sent an email to Ms. Radde to get some clarification to the situation and inquire as to the issues causing the denial of Mr. Cape's permit.

A true and correct copy of this email is attached hereto as Exhibit C. 3 7. Shortly after sending my email on June 2, 2021, I was asked to come in to sit down and discuss the situation with Ms. Radde. At that meeting, Ms. Radde advised that if we 5 could get the DMV to register it, she will permit the vehicle. In the meantime, she would issue a 6 temporary permit. A true and correct copy of that email chain is attached hereto as Exhibit D. 7 8. On or about August 5, 2021, Mr. Cape had his vehicle loaded onto Avalon 8| Freight and took it to San Pedro DMV to get it registered. I sent an email to Ms. Radde that the vehicle was successfully registered. A true and correct copy of Ms. Radde's response is attached 10 hereto as Exhibit E
11 9. Mr. Cape would never had incurred the cost to purchase this vehicle and 12 additional costs incurred in transferring the vehicle back and forth on Avalon Freight if the City of 13 Avalon was going to back-peddle on their previous discussions with Mr. Cape and myself and 14 continue to create obstacles time and time again, even after registration. The type of vehicle he purchased was the smallest that was available to him to continue running his business efficiently, 16 without creating detriment to the City of Avalon. At no time was there ever an event to hide the 17 type of vehicle or the size of the vehicle. Mr. Cape took the City of Avalon's word as good faith 18 that the vehicle would be permitted and acceptable for use for his business. This would not be 19 rational for a purchase in excess of $27,000. Especially for only short-term permission. To deny 20 his renewal would be extremely prejudicial. To deny him usage of his vehicle would be 21 prejudicial. Mr. Cape simply took the City of Avalon's word in good faith and now paying 22 incredibly for it. In other words, to incur further costs to replace his current vehicle that he is still 23 making payments on and replace it with another viable vehicle that works for his business would 24 be unfair as the City of Avalon and its representatives misled him into believing that the vehicle 25 would be permitted. Mr. Cape wanted to make sure that he followed the rules and regulations 26 prior to making such a large purchase
27 10. That being said, Mr. Cape has looked into purchasing an electric vehicle 28 that could ultimately replace his current vehicle but there are no readily available charging stations. This is also prejudicial to him as he cannot charge it in front of his business and he is not 2 allowed to have a cord across the sidewalk
3 Mr. Cape requests that the denial of renewal of his permit be reversed and 4 that he be permitted continued use of his current vehicle 5 12. Mr. Cape also requests that any fees in connection with this appeal request 6 be waived
7 13. Mr. Cape further requests that this appeal be brought to hearing at a future 8 City Council meeting that is mutually convenient with appropriate notice. 9 I declare under penalty of perjury under the laws of the State of California that the 10 foregoing is true and correct.
11 Executed on this 28th day of September, 2023, at Avalon, California 12 13
Tate Toyed
14 15
16 17
18 19
20 EXHIBIT A
From: Lix Chu
To: *DRadde @citvofaxalon.com"
Cc: [email protected].; "[email protected]: [email protected] Boc: Shawn Cane
Subject: Time Sensitive - Approval Request
Date: Monday, Apni 26, 2021 1:33:37 PM
Attachments: imace006.png
imaae004.20g
imace002.png
Importance: High
Dear Ms. Radde.

I hope this email finds you well. I have been advised that you are the person to contact in terms of getting approval for vehicles that are larger than what is permitted by the City of Avalon. This email is being sent on behalf of Shawn Cape, owner for Dive Catalina. located at 107 Pebbly. He has been trying to get a hold of someone in your department for weeks via phone calls/messages and emails to go through the proper channels and obtain any type of approval before making his purchase. He has even gone in person to see if he can get some sort of response without any avail - except to be advised to continue what he has been doing.

We have come to a point where he is in dire need to replace his vehicle as the brakes are now an issue. In the effort to save time, he has started the process of purchasing a new vehicie on the mainland. Supply is scarce but he was able to locate one that would suit his business needs and is ready to schedule delivery as soon as he signs the paperwork. That is currently scheduled for Tuesday.

April 27.2021. The only outstanding issue seems to be getting your approval.

Per City of Avalon, Title 4: Public Safety/Traffic, Article 17 § 4-4.1705: "Except as otherwise set forth below or unless the applicant demonstrates and the Hearing Officer finds ...that (1) the weight, length, width and nature of a vehicle is necessary for the proposed use. (2) a smaller vehicle cannot satisfy the applicant's transportation requirements, and (3) the vehicle will not have a deleterious impact on traffic congestion, traffic safety, parking, and noise...

The nature of his business is that he needs to haul tanks and other equipment, along with multiple clients to the Dive Park. That being said, the size of these newer vehicles are larger than the currently permitted length of 138 inches or less, including front and rear bumpers, and a width of 67 inches or less." There are no smaller vehicles that will suit his business and is readily available. The proposed vehicle will not have any deleterious impact on traffic congestion, noise or parking. It will be parked in front of the business while conducting business, parked at his home where there is a parking lot.

Mr. Cape is currently in negotiations for the Ranger Crew below. The dimensions are shown below. I have also included screen shots of dimensions for other comparable vehicles. As you can see, the dimensions are all slightly larger than what is currently permitted. The safety issue of him continuing to drive his current business vehicle would be most ill-advised so your swift attention and approval to this request would be greatly appreciated. if you have any questions or concerns, please do not hesitate to contact me at my contact information below or Shawn Cape directly at (239) 560-3843.

Thank you for your anticipated courtesy and expedited response.

RANGER CREW 1000 Get Local Pric
Overview Features Gallery Customize Packages Specs Compare Drive System Type High Performance On-Demand True
AWD 2WD/VersaTrac Turf Mode
Eng-ne Type 4. Stroke SOHC Twin Cylinder
Fuel System Batter Electronic Fue: trpection
Horsepower 61 HP
Transmiss orf mal Drive Automats PVT HUNRP Shatt
Dimensions
s2 car ang 405 (is im
Bed Box Dimensions (t. x Wx H: 36 75 × 54 25 х 12 5 л (93 3 x 137 8 x 31 75 cm)
Box Capacity 1000 b (4536 kg)
Estimated Dry Weight 1640b (744 kg)
Fuel Capacity 11 35 gal (43 L)
12 in (305 cm)
Hach lowing Rating 2 500 ib (1 133 9 kg)
Overall Vancle Size it × Wx Hi 152 x 62 5 x 76 › (386 x 158 x 193 Payroad Capacity 2 020 ₺ (916 kg)
Person Capacity
Who hardl 113 in (287 cm;
can-am
DEFENDER MAX Lone Star HD10 2021

HIGHLIGHTS
TOUGH - Heavy duty Rotux
no diretle and reconnive

CAPABLE
Mayhat and versale Spectoralin
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CLEVER
Muttonson cargo bar with sturdy topset and tears coron

PLATFORM FEATURES
Dynamic Power Steering OPS":
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SPECIFIC TO • 65 in ate woth arched Ast
Lone Star PACKAGE •150 S0u
• Vinco-Lok DE truel afterenda: DIMENSIONS &

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28 in with Maskin Bighort. 2 d
DorEVERSA PRO ball berch seits with mustarted seat se Chuess/Cage Profied cage. ROP5 aboved maturing Lanet Star packsige trams and adjustabie diver seat Estimates Dry Weight 1.929 (D (876 kg) - 4.500% 12.014 kg) winch 158.9 × 35 + 79.9 r. |803.6 168 : ×201 1 cm • Alumnum pack sor 13 in. 133 cm)
• 7.d in digiza display with kevcise 36 + x × 12 in /95.5x x ‹ 305 cm.

Cargo Box Саресту 1.000 D 354 kg
Power Tat Bec
ENGINE
Taigate Load Capesty 250b /1114 kg
Type
F ver Delivery Sim Intelligent Thattle Control (1C" Storage Capacty Tota 169 pal (039L win. Electronic Fuel Ijection (ER! Under dash: 6 gal 1228 L Veerproot and removetle son under passenger soret: 5.5 g121 PRO. TORG Transmission with Duck Respore Syden, (ORS)
high-flow vent lation and tectorac Drive Bels ProteCtice Extra L/H:N/R/P Aprests and cup holders 1.6 gal i6 1 Li Drive Treet Selectable Turt Mode/ZWO/aWD Towing Cacecity 2,500 ID (1,134 kg) with Viste Lok QE suzo-ocking tront @flecerta Payicad Capacey 1,730 16 (784 ag) Drung Anasance Electronic Mai Descent Cootel Fuel Capacity ECOW ECO" OM/Monk modes
Power Shepring Deramc Power Steering (DPS) Person Calcity

SPECIFICATIONS
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• Choose Companson Mc
MSRP® $15,099 Realtree Edge - Available from September 2020 $14.499 -Tactical Green - Available from September 2020 ENGINE +
CHASSIS +

DIMENSIONS
LxW×H 153.5 in x 61.8 in x 76.6 in
Wheelbase 115.6 in
Turning Radius 244.1 in
Maximum Ground Clearance 11.4 in
Fuel Capacity 9.7 gal
Wet Weight*** 1695 Ib
Bed Capacity 600 lb
Towing Capacity 1500 lb
Lily Chu | Practice Specialist
+1 310-228-2257 | direct
[email protected]
Sheppard Mullin
1901 Avenue of the Stars, Suite 1600
Los Angeles CA 90067-6017
+ 1 310-228-3700 | main
www.sheppardmuflin.com

EXHIBIT B
From: Lite Chu
To: "Miavel Bonila"
CE: Devin Thomason: Denise Radde
Subject: RE: Dive Catalina reply
Date: Tuesday, May 25, 2021 11:35:36 AM
Mr. Bonilla,
Just to confirm our conversation earlier today, I am waiting to hear back that the proposed vehicle (bumper to bumper) will fit within the 130 inches length so that we do not have to go forward with an additional second hearing for the oversize vehicle and we can just get this finalized with the autoette transfer hearing. Once the size is confirmed, Dive Catalina can move forward to having the vehicle brought over in the interim while it waits for that hearing to be scheduled and you will issue any temporary permit required pending that hearing.

Thank you so much for your time and clarification on this multi-step process.

Lily Chu | Practice Specialist
+1 310-228-2257 | direct
[email protected]
SheppardMullin
1901 Avenue of the Stars. Suite 1600
Los Angeles, CA 90067-6017
+1 310-228-3700 | main
www.sheppardmullin.com

EXHIBIT C
From: Lily Chu
To: Denise. Radde
Cc: Devin Thompson; "Miquel Bonilla"
Subject: Issue with Dive Catalina Vehicle
Date: Wednesday, June 2, 2021 9:36:48 AM
Importance: High
Good morning Denise and Devin,
I hope this email finds you well and that you had a wonderful holiday weekend I had a conversation with Mr. Miguel Bonilla on or about May 25, 2021 at approximately 10 a.m..

During that conversation, he informed me of the multi-step process of the transfer and approval hearings and the reasons why it takes so long. I did ask if there was a way to request an expedited hearing due to the fact that the vehicle to be replaced was having issues with the brakes. He then asked if the vehicle was on the island. I said no because we didn't want to incur the cost of purchasing the vehicle only to be told it would not be approved. He said that made sense. He advised that if the proposed vehicle did fit the new 130" length requirement, it would expedite the process by eliminating a second hearing for the oversize approval. I asked if there were any other issues that would prevent approval of a Kawasaki Mule (i.e. weight, width, etc.) He said they were only concerned with length - that if it fit within 130" to bring it over and he would issue a temporary permit pending the hearing. I advised that I would confirm length and let him know. I did receive confirmation that it fit within the 130" and sent an email the very same day advising that we would be bringing the vehicle over.

Over the holiday weekend, the Sheriffs gave Mr. Cape a visit saying is not authorized but if the City approves it, that is fine. Based on Mr. Bonilla's conversation, Mr. Cape advised the Sheriffs that a temporary permit would be issued but with the holiday weekend, Mr. Bonilla was not available to do so. I arrived on the 6:30 a.m. boat this morning to ensure that all would go smoothly (especially since Mr. Cape was visited by the Sheriffs). Mr. Bonilla advised me this morning that he cannot provide a temporary permit or even cause the vehicle to be permitted as it is not an authorized vehicle. This information would have been more useful before Dive Catalina incurred the cost of purchasing the vehicle in excess of $21,000 plus the cost to have it brought to the island.

We have been corresponding since on or about April 26, 2021. In my initial email, I sent screen shots of the type of vehicles that Dive Catalina was looking into. Mr. Bonilla is also included in that email. Devin previously sent me a PDF of the types of permits issued. There was nothing that indicated there would be any issue.

The original tiger truck that Dive Catalina was permitted was categorized as an autoette. The definition of an autoette as by CA Vehicle code 175 is below. We are aware that the 120" has been increased to 130" recently and as Mr. Bonilla advised that weight and width was not a concern, only the length, we relied on the below.

State of California VEHICLE CODE Section 175
An "autoette" is a motor vehicle, located on a natural island with an area in excess of 20,000 acres and that is within a county having a population in excess of 4,000,000, that meets all of the following requirements: (a) Has three or more wheels in contact with the ground. (b) Has an unladed weight of no greater than 1,800 pounds. (c) Has an overall length of no more than 120 inches, including the front and rear bumpers. (d) Has a width of no more than 55 inches, as measured from its widest part.

Mr. Bonilla advised that you would be the person who could approve Mr. Cape's vehicle in the interim so that a temporary permit pending the hearing to obtain an issued permit and he would not violate any traffic rules.

The type of vehicle Mr. Cape purchased is logical for the type of business he operates. He did his very best to obtain one that fit within length requirements. The vehicle no longer requires an oversized permit. It would be a shame to have Mr. Cape's business suffer and for him to be out over $21,000 based on Mr. Bonilla's advisement.

I am hopeful that we can come to an amicable resolution and welcome any suggestions. 1am currently scheduled to return back to Los Angeles on the 3:30 p.m. boat today. I hope to hear from you soon.

Thank you for your anticipated courtesy and cooperation.

Lily Chu | Practice Specialist
+1 310-228-2257 | direct
[email protected]
SheppardMullin
1901 Avenue of the Stars. Suite 1600
Los Angeles. CA 90067-6017
+1 310-228-3700 | main
www.sheppardmullin.com

EXHIBIT D
From: Devin Thompsen
To: Lily Chu: Denise Radde
Subject: RE: Issue with Dive Catalina Vehicle
Date: Nednesday, June 2, 2021 2:58:07 PM
Hi Lily,
The temporary permit is available at City Hall whenever you are ready to come by and pick it up.

Thanks,
Devin
From: Lily Chu <[email protected]>
Sent: Wednesday, June 2, 2021 11:59 AM
To: Devin Thompson <[email protected]>; Denise Radde <[email protected]> Subject: RE: Issue with Dive Catalina Vehicle
Please see attached picture of vehicle and document with VIN.

Thank you again for meeting with us
Lily Chu | Practice Specialist
+1 310-228-2257 | direct
[email protected]
SheppardMullin
1901 Avenue of the Stars. Suite 1600
Los Angeles, CA 90067-6017
+1 310-228-3700 | main
www.sheppardmullin.com
From: Devin Thompson < [email protected]>
Sent: Wednesday, June 2, 2021 10:30 AM
To: Lily Chu <[email protected]>; Denise Radde < [email protected]> Subject: RE: Issue with Dive Catalina Vehicle
Good morning Lily,
Do you have time to meet with Denise and I regarding this issue? Thank you,
Devin
From: Lily Chu <[email protected]>
Sent: Wednesday, June 2, 2021 9:37 AM
To: Denise Radde <dradder@ cityofavalon.com>
Cc: Devin Thompson <[email protected]>; Miguel Bonilla <[email protected]
Subject: Issue with Dive Catalina Vehicle
Importance: High
Good morning Denise and Devin,
I hope this email finds you well and that you had a wonderful holiday weekend I had a conversation with Mr. Miguel Bonilla on or about May 25, 2021 at approximately 10 a.m.. During that conversation, he informed me of the multi-step process of the transfer and approval hearings and the reasons why it takes so long. I did ask if there was a way to request an expedited hearing due to the fact that the vehicle to be replaced was having issues with the brakes. He then asked if the vehicle was on the island. I said no because we didn't want to incur the cost of purchasing the vehicle only to be told it would not be approved. He said that made sense. He advised that if the proposed vehicle did fit the new 130" length requirement, it would expedite the process by eliminating a second hearing for the oversize approval. I asked if there were any other issues that would prevent approval of a Kawasaki Mule (i.e weight, width, etc.) He said they were only concerned with length - that if it fit within 130" to bring it over and he would issue a temporary permit pending the hearing. I advised that I would confirm length and let him know. I did receive confirmation that it fit within the 130" and sent an email the very same day advising that we would be bringing the vehicle over.

State of California VEHICLE CODE Section 175
An "autoette" is a motor vehicle, located on a natural island with an area in excess of 20,000 acres and that is within a county having a population in excess of 4,000,000, that meets all of he following requirements: (a) Has three or more wheels in contact with the ground. (b) Ha in unladed weight of no greater than 1,800 pounds. (c) Has an overall length of no more tha 120 inches, including the front and rear bumpers. (d) Has a width of no more than 55 inches, as measured from its widest part.

State of California VEHICLE CODE Section 4000.5 (a)
The department shall register an autoette, as defined in Section 175, as a motor vehicle. (b) The owner of an autoette shall remove the license plates from the vehicle and return them to the department when the autoette is removed from a natural island, as described in Section Mr. Bonilla advised that you would be the person who could approve Mr. Cape's vehicle in the interim so that a temporary permit pending the hearing to obtain an issued permit and he would not violate any traffic rules.

I am hopeful that we can come to an amicable resolution and welcome any suggestions. I am currently scheduled to return back to Los Angeles on the 3:30 p.m. boat today. I hope to hear from you soon.

Thank you for your anticipated courtesy and cooperation.

Lily Chu | Practice Specialist
+1 310-228-2257 | direct
[email protected]
SheppardMullin
1901 Avenue of the Stars, Suite 1600
Los Angeles. CA 90067-6017
+1 310-228-3700 | main
www.sheppardmullin.com
Attention: This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.

EXHIBIT E
From: Denise Radde
Lix Chu; Dexin Thompson; Miguel Bonilla
Shawn CaRe
Subject : Dive Catalina Vehi
Date day, August 6, 2021 2:13:24 F
Thank you Lily for letting us know. You are a miracle worker.

Denise C
From: Lily Chu <[email protected]>
Sent: Thursday, August 5, 2021 1:10 PM
To: Denise Radde <[email protected]>; Devin Thompson <[email protected]; Miguel Bonilla <[email protected]>
Cc: Shawn Cape <[email protected]>
Subject: Dive Catalina Vehicle
Good afternoon everyone,
I wanted to advise you that Dive Catalina's vehicle received approval from the DMV and the vehicle will have an official CA license plate mounted as soon as Mr. Cape returns to Avalon.

He also had his hearing this morning and that also went smoothly.

I am attaching a copy of the registration and license plate.

Thank you everyone for being so responsive during this process.

Lily Chu | Practice Specialist
+1 310-228-2257 | direct
[email protected]
SheppardMullin
1901 Avenue of the Stars, Suite 1600
Los Angeles, CA 90067-6017
+1 310-228-3700 | main
www.sheppardmullin.com
Attention: This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments

CITY OF AVALON CITY COUNCIL
MEETING DATE: November 28, 2023 AGENDA ITEM: 12
ORIGINATING DEP: Public Works CITY MANAGER:

PREPARED BY: Jamie Hmielak, Maintenance Superintendent
SUBJECT: Authorization to Purchase Spare Pump for Catherine Lift Station RECOMMENDED ACTION(S): (1) Make the affirmative finding that the Xylem, Inc. has satisfied the sole source requirement as specified in the Avalon Municipal Code Section 3-

4.111(b). (2) Authorize the purchase of a Flygt 6" submersible sewage pump from Xylem, Inc. to be placed in inventory and be available for immediate replacement for a not to exceed cost of $28,500. (3) Allocate funds from Sewer Fund 108-25-6552 for the procurement in the amount of not to exceed $28,500.

REPORT SUMMARY: PERC Water maintains the City's Wastewater Treatment Plant, which includes the Catherine Sewage Lift Station. The sewage lift station is a key component of our wastewater infrastructure, and any operational downtime can lead to serious consequences, including potential public health risks and environmental concerns. Having a spare pump readily available ensures a swift response to pump failures. Quick replacement of a malfunctioning pump minimizes downtime and helps maintain the continuous and efficient operation of the lift station.

The Catherine Lift Station has two pumps so this reduces the availability down to just one pump, and at peak times of sewer flow two pumps are required to meet the demand. Once a pump is removed it will take at least three weeks for it to be returned after service at the vendor on the mainland. For this reason the Director of Public Works and the WWTP Facilities Manager determined that a backup pump is necessary to have in our inventory ready for immediate installation to reduce the high risk pf a pump being off the island for an extended duration for repair. Under this scenario, the redundant pump is replaced at the lift station and the failed pump is sent over for service and then placed on the shelf once it returns.

A quote from the sole source vendor for the pump, Xylem, Inc., and the required markup resulted in an estimated cost of $25,389. Avalon Municipal Code (AMC) Section 3-4.106 (b) requires purchases of goods, services, supplies and equipment with a value over $25,000 be a publically noticed low bid procurement. However, AMC Section 3-4111 (b) allows the City to dispense with bidding if there is only one source for the procurement (sole source) or when the City makes the determination that the purchase can be made more economically and/or efficiently without bidding procedures. In this case, Xylem is the exclusive supplier of Flygt pumps in our region.

Staff is requesting authority to purchase the pump for a not to exceed cost of $28,500 to allow for incidentals related to the procurement.

GOAL ALIGNMENT: Infrastructure reliability and safety.

FISCAL IMPACTS: A cost not to exceed of $28,500. Sufficient funds exist in FY 23-24 Sewer Fund 108-25-6552.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Pump failure could lead to potential sewage overflow.

FOLLOW UP ACTION:. Authorize PERC Water to purchase the pump.

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

ATTACHMENTS: PERC Water Additional Services Request Form, attached quote, and Sole Source justification.

Additional Services Request Form perc water

DESIGN I BUILD I OPERATE
Project Name Additional Services Project Numt Emergency Quote Date Sum Of Project Cost Spare Pump Catherine Lift Station 2023-05 10/19/23 $29,197.35 Task Description Position Position Position Position Position Position Extended Price Add Description Project Operator Field Tech Field Tech Field Tech Field Tech 2 Manager 1 Regular 1 OT 2 Regular OT
Total Hours 0.00 0.00 0.00 0.00 0.00 0.00
Hourly Rate $261.00 $139.00 $116.00 $174.00 $116.00 $174.00 Estimated PERC Labor Cost $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Part Quanity Vendor Materials Unit Cost Unit Price Extended Price 3153.095-0545 Xylem Flygt Model NT-3153.095 6" Submersible Pump $1.00 $24,145.00 $ 24,145.00 Freight $ 1,244.00
Subtotal $25,389.00/
10 5% Markup 52,5361053,802-25
Total Materials 577,92710$22,10235
Sub-Contractor Cost Extended Price
previe note that shipping and handing charges are not incuded in tris quote. Sales tax wil be sided to orders shipped to Calforia unless tax exempt information is Description of
Subcontractor: Subcontractor work: Quote Amount:

Polit Fanne
Subtotal $0.00
Reammated fur Apprual ba DPN +5% Markup $0.00
Total Sub Contractor Cost $0.00
PROJECT TOTAL • $29,197.35
$27,927.90
Date
Dieret 11114/2023
xylem
Xylem Water Solutions USA, Inc.

Flygt Products
October 18, 2023
11161 Harrel Street
Attn: Mr. David West Mira Loma, CA 91752
PERC Water Corporation Tel (951) 332-3668
17520 Newhope Street, Suite 180 Fax (951) 332-3679
Fountain Valley, California 92708
Quote # 2023-LAB-0709
Project Name: 3153 Avalon
Xylem Water Solutions USA, Inc. is pleased to provide a quote for the following Flygt equipment.

REPLACEMENT OF S/N 3153.090-S0470064
Qty Part Number Unit Price Extended Price
1 3153.095-0549 Fly Model -3153.0956" $ 24,145.00 $24,145.00 volute Submersible pump
equipped with a 460 Volt / 3
phase / 60 Hz 20 HP 1750 RPM
motor, 435 impeller, 1 × 50 Ft.
length of SUBCAB
4G16+S(2x0,5) submersible
able, FLS leakage detector
volute is prepared for Flush Valve
REPLACEMENT OF S/N $ 24,145.00
3153.090-S0470064 Price
SUB- Total Price $ 24,145.00
Freight Charge $ 1,244.00
Total Price $ 25,389.00
Terms & Conditions
This order is subject to the Standard Terms and Conditions of Sale - Xylem Americas effective on the date the order is accepted which terms are available at http://www.xyleminc.com/en-us/Pages/terms= conditions-of-sale.aspx and incorporated herein by reference and made a part of the agreement between the parties.

Purchase Orders: Please make purchase orders out to: Xylem Water Solutions USA, Inc.

Freight Terms: 3 DAP - Delivered At Place 08 - Jobsite (per IncoTerms 2020) See Freight Payment (Delivery Terms) below.

Taxes: State, local and other applicable taxes are not included in this quotation.

Page 1 of 4 ends

FIXET
a xylem brand
Back Charges: Buyer shall not make purchases nor shall Buyer incur any labor that would result in a back charge to Seller without prior written consent of an authorized employee of Seller.

Shortages: Xylem will not be responsible for apparent shipment shortages or damages incurred in shipment that are not reported within two weeks from delivery to the jobsite. Damages should be noted on the receiving slip and the truck driver advised of the damages. Please contact our office as soon as possible to report damages or shortages so that replacement items can be shipped and the appropriate claims made.

Terms of Delivery: Prepaid
Schedule: Delivery lead times are 12-14 working weeks after receipt of order acceptance.

Validity: This Quote is valid for sixty (60) days.

Terms of Payment: 100% N45 after invoice date.

Xylem's payment shall not be dependent upon Purchaser being paid by any third party unless Owner denies payment due to reasons solely attributable to items related to the equipment being provided by FLYGT.

Exclusions: This Quote includes only the items listed specified above. Flygt do not offer the 18 Hp motor anymore for N3153 MT. Please find attached Pump curve for the replacement pump
Thank you for the opportunity to provide this quotation. Please contact us if there are any questions.

Sincerely,
Ricardo Guanio
Direct Sales Representative
Cell: 562-382-3930
[email protected]
Fax: 951-332-3679

Page 2 of 4 ends

FIXET
a xylem brand
xylem
Xylem Water Solutions USA, Inc.

Flygt Products

Page 3 of 4 ends

FINET
a xylem brand
Customer Acceptance
This order is subject to the Standard Terms and Conditions of Sale - Xylem Americas effective on the date the order is accepted which terms are available at http://www.xyleminc.com/en-us/Pages/terms- conditions-of-sale aspx and incorporated herein by reference and made a part of the agreement between the parties.

A signed copy of this Quote is acceptable as a binding contract.

Purchase Orders: Please make purchase orders out to: Xylem Water Solutions USA, Inc.

Quote #: 2023-LAB-0709
Customer Name: Perc Water
Job Name:

Total Amount: $ 24,145.00
(excluding freight)
Signature: Name:
(PLEASE PRINT)
Company/Utility: PO:_
Address: Date:

Phone:

Email:

Fax:

Page 4 of 4 ends

a xylem brand
NT 3153 MT 3~ 435
Patented self cleaning semi-open channel impeller, ideal for pumping in waste water applications. Modular based design with high FLYGT adaptation grade.
a xylem brand
Technical specification
Curves according to: Water, pure Water, pure (100%],39.2 *F,62.42 lb/ft',1.6891E-5 ft*/s my Hood
763

78.2%
28-
21g
20-
435 217mлl
400 800 1600 [US g.p.m.)
Configuration
Motor number Installation type
N3153.095 21-18-4AA-D T - Vertical Permanent, Dry
20hp
Impeller diameter Discharge diameter
hnen
217 mm
Pump information Material
Impeller diameter Impeller
217mm Hard-Iron ™
Diane dameter
Inlet diameter
150mm
Maximum operating speed
1755 pm
Numberof blades
Max. fluld temperature
40 °C
Project Xylect-21306905 Created by Carlos Miranda
Block Created on 10/18/2023 Last update 10/18/2023
Rop envereun Use group(e)
500 - 8/80023 (04833)
NT 3153 MT 3~435
Technical specification
FIXGI
Motor - General a xylem brand
Phases Rated speed Rated power
M10105.09521-28-AAA.-D 3~ 1755 rpm 20 hp
20hp
Anx approved Number of poles Rated current Stator variant 26 A
Frequency Rated voltage
60 Hz 460 V Insulation class Sype of Duty
Version code
Motor - Technical
Power factor - 1/1 Load Motar efficlency - 1/1 Load Total moment of inertia Starts per hour max.

0.83 87.8% 1.9 lb ft 30
power factor - 3/4 Load Motor efficiency - 3/4 Load Starting current, direct starting

89.1% 148 A
power factor - 1/2 Load Motor efficlency - 1/2 Load Starting current, star-delta

89.2 % 49.3 A
Project Xylect-21306905 Created by Carlos Miranda
Block Created on 10/18/2023 Last update 10/18/2023
Rugran carsios Dawyertine Unergroup(e)
880 - 550023(8.1633) 1082023 12 33A10P13
NT 3153 MT 3~ 435
Performance curve *IVET→
Duty point a xylem brand
Head
HO30 US B.P.m. 41.1 ft
Curves according to: Water, pureWater, pure (100%),39.2 °F,62.42 lb/ftº, 1.6891E-5 ft/s 7027 -(41.10
435 217mm
Пре..... J78.1%

68.5%
-42631m (at)/ 15,7 ml -35-217 m(P2) (137 hp
135 217mm
28-
-221
00 100 150 1700 100 100 2000 2100 220qU5 g p.m)
Curve: ISO 9906
Xylect-21306905 Carlos Miranda
Created on 10/18/2023 Last update 10/18/2023
a vara Userg-our(e)
880 - 8150023 (BL/d31) 10809323 12 58 A1OP10 Xy om USA- NT NT 3153 MT 3~ 435
Duty Analysis FINGT
a xylem brand
Curves according to: Water, pure [100%| ; 39.2°F; 62.42lb/lP; 1.6891E-5ft*/s

78.2 141.1 ft
435 217mm
0- [ 1031 US g.p.m)
[US g.p.m.]
Operating characteristics
Pumps / Flow Head Shaft power Flow Head Shaft power Hydk.oft. Spec Energy NPSHre Systems
US.g.p.m. hp
1690 14.6 56.3% 123

66.8 11.2 178 66.8 11.2 27% 882 26.9

41.1 13.7 1030 41.1 13.7 78.1% 189 22
Project Created by Corlos Miranda
Block Xylect-21306905 Created on 10/18/2023 Last update 10/18/2023 Dei varaios sagrouse
10-02011) 10800231268A10P10
xylem Xlem Water Solutions USA, Inc
Flygt Products
11161 Harrel St.

Mira Loma, CA 91752 Tel
951-790-3398
November 20, 2023 Fax 951-332-3679
[email protected]
Jamie Hmielak
Maintenance Superintendent
City of Avalon
Office: 310-510-0220 Ext: 123
Fax: 310-510-0765
[email protected]
Subject:

Factory Authorized Municipal Representative for Flygt, Flygt/AC Products & Service in Southern California
Dear Sirs:

This letter is to inform you that:

Xylem Water Solutions USA, Inc. - Flygt Products
m61 Harrel St
Mira Loma, CA 91752
Phone (951) 332-3669
Fax: (951) 332-3679
Is the exclusive supplier of Flygt Pumps, Mixers, Parts & Service for the Municipal market in the State of California for all southern counties including Ventura, Santa Barbara, Kern, San Luis Obispo, Los Angeles, San Bernardino, Orange, Riverside, San Diego and Imperial.

Flygt is a fully owned Xylem Inc. brand.

Dealing directly with Xylem Water Solutions USA, Inc. provides you access to the expertise and knowledge, around the clock emergency field service, genuine Flygt parts, routine maintenance, monitoring services and much more.

Thank you for your interest in Flygt Products.

Sincerely,
Pffe FIXGT
a xylem brand
Paul Forsthoefel
Western Regional Sales Manager

CITY OF AVALON CITY COUNCIL
MEETING DATE: November 28, 2023 ADENDA ITEM: 13
ORIGINATING DEP: Administration CITY MANAGER: DUM
PREPARED BY: Devin Hart, Management Analyst
Robert Greenlaw, Public Works Director
SUBJECT: Approval of Encroachment Permit for a Grease Interceptor within Third Street adjacent to the Lobster Trap Restaurant
RECOMMENDED ACTION(S): 1. Approve an encroachment permit for a 750-gallon grease interceptor within Third Street adjacent to 126 Catalina Avenue, the Lobster Trap restaurant; and 2. Authorize the City Manager to negotiate with the property owner to determine the precise location of the installation, and the amounts of the required bond and liability insurance.

REPORT SUMMARY: Caleb Lins owner of the Lobster Trap restaurant located at 126 Catalina Avenue, is requesting approval of a Site Plan for installation of a 750 gallon grease interceptor within Third Street - a portion of the public street located adjacent to the Lobster Trap location.

The project is in the Coastal Zone and is exempt from a Coastal Development Permit ("CDP") according to Municipal Code section 9-8.102(b)(2), as well as it being situated outside of the 300' appealable zone. The project is Categorically Exempt under Section 15303 of the State CEQA Guidelines - Class 3 - New Construction or Conversion of Small Structures. This project has no potential to have a significant effect on the environment.

The Lobster Trap's expansion/renovation was brought before the City of Avalon Planning Commission at a regularly scheduled meeting on February 22, 2023 (PC #2822), approved, and found exempt from CEQA as well as a CDP.

The proposed installation of a grease interceptor in the public right-ot-way tor an existing restaurant, is in conformance with planning entitlements for expansion of the restaurant as approved by the Avalon Planning Commission. Due to the physical size of the interceptor and the unique density of Avalon's commercial zone, use of the public right of way is necessary.

All major encroachments, including any encroachments for "permanent structures above, on or beneath the surface" require approval by the City Council (AMC § 4-9.105(a)).

Given the historical precedent of previous approvals of the majority of encroachment applications, City Staff recommends Council approve the encroachment permit and authorize City Manager to negotiate with the property owners to determine the precise location of the tank, the amounts of the required bond and liability insurance, and keep appropriate records of said issuance.

Pursuant to AMC § 4-9.106, the findings necessary for the City Council to approve the 1 encroachment permits are listed below:
a. The encroachment use is necessary or desirable;
AMC 6-7.412 requires the installation of a grease interceptor to maintain the objectives of the City's FOG (fats, oil, grease) Control Program. The AMC requires a grease interceptor separate and remove FOG contained in waste discharges from food services establishments prior to discharge to the sewer system. The encroachment will facilitate the Lobster Trap's compliance with this provision of the AMC. b. The encroachment use does not create a substantial adverse impact on persons or property;
The proposed changes will not adversely impact persons or property. After the project is completed all conditions will be concealed and the area will be returned to its current state.
c. The encroachment use does not adversely affect the public health, welfare and safety; The required bond/liability insurance will mitigate the potential adverse effects; however, as discussed, the proposed changes will have no impact on the area.

Below are the proposed terms and conditions for the encroachment permit. Staff is recommending a term of five (5) years, at which time the permit may be renewed upon request by the permittee to the City Manager and verification of compliance with the following conditions of approval:

1. Permittee agrees to surrender said permit and to remove any structure constructed within the encroachment area upon 180 days' written notice by the City of Avalon. Permittee acknowledges that this permit is revocable in the sole discretion of the City of Avalon.

2. Permittee agrees to hold the City harmless and indemnify the City from all damages, claims, actions and proceedings arising from or related to the encroachment area and any improvement constructed pursuant to the grant of this permit, and to bear all judgements, costs, including attorney's fees relating thereto.

3. Permittee agrees to procure at his own cost and to maintain in force throughout the term of the permit, a $50,000.00 Dollar security bond guaranteeing Permittee's obligation to remove the encroachments as provided herein, and General Liability insurance coverage in the amount of $1,000,000.00 Dollars insuring against the matters set forth in Paragraph 2 above and naming the City as an additional insured

4. No improvements other than those approved by the Avalon City Council shall be constructed on the encroachment area.

5. Permittee shall complete all improvements for the access way on or before December 1st 2024.
2 6. Applicant shall execute a recordable covenant running with the land, in a form approved by the City Attorney, which: (a) surrenders possession of the encroachment structure, releasing the City from all claims in the event that the City determines to widen or improve the street, alley, parkway, or other public place where the encroachment is located; and (b) indemnifies, defends and holds the City harmless from all liability and damages and from costs of suit, including attorney fees, arising from the encroachment or the permit. (AMC § 4-9.107). Applicant shall record the covenant with the County Recorder once the document is fully executed.

7. Unless waived by the City Manager, applicant shall post and maintain for the term of the permit, a security bond in the amount of $50,000.00 or cash equivalent.

8. Unless waived by the City Manager, applicant shall provide the City with a copy of liability insurance (combined single limit for bodily injury and/or property damage) in the amount of $1,000,000.00 listing the City as additional insured, and shall maintain said insurance for the term of the permit.

9. Applicant shall construct and maintain all encroachment structures in accordance with the plans and specifications submitted to the City with this application and to the satisfaction of the Public Works Director and shall maintain and keep all encroachments in clean and safe condition for the term of the permit.

10. Encroachment structures shall be removed by the expiration of the permit term (after five years) or within 30 days of written notice of revocation of the permit by the City to applicant. Applicant may apply for subsequent permit extensions, unless the permit is terminated. If applicant fails to timely remove the encroachment or fails to comply with the terms of the encroachment permit, the City may remove or cause the removal of the encroachment and applicant shall be liable for all costs incurred by the City for such action. (AMC § 4-9.110).

11. This approval does not grant exclusive use of the publicly owned portion of Third Street involved; the proposed improvements, which are to be located completely within the City Right of Way, shall not interfere with the public's use.

12. The design, location and procedures for operation and maintenance of a required grease interceptor shall be approved by the City Manager. Such approval shall be obtained prior to the user's connection of the facility to the public wastewater system.

13. Approved plans and specifications shall not be changed or altered without written approval by the City Manager.

GOAL ALIGNMENT: N/A
FISCAL IMPACTS: None identified.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The applicant would not be able to install a grease interceptor within the City easement. 3 FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENT:

1. Resolution

2. PC Staff Report
4 RESOLUTION NO. _

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

APPROVING AN ENCROACHMENT PERMIT TO ALLOW INSTALLATION OF A 750-GALLON GREASE INTERCEPTOR WITHIN

THE PUBLIC RIGHT-OF-WAY ALONG THIRD STREET
WHEREAS, Section 4-9.105 of the City of Avalon Municipal Code ("AMC") requires the City Council to approve all encroachment permit applications in which the proposed encroachment involves a permanent structure above, on or beneath the surface, would substantially interfere with the public use of the streets, or does not qualify as a minor encroachment; and
WHEREAS, the Applicant, Caleb Lins, submitted an encroachment application for grease interceptor along Third Street adjacent to the property at 126 Catalina Avenue accordance with AMC Section 4-9.103; and
WHEREAS, the Planning Commission approved a Site Plan at a regularly scheduled meeting on February 22, 2023; and
WHEREAS, the project is in the Coastal Zone and is exempt from a Coastal Development Permit according to Municipal Code section 9-8.102(b)(2); and WHEREAS, the project is Categorically Exempt under Section 15303 of the State CEQA Guidelines - Class 3 - New Construction or Conversion of Small Structures' and WHEREAS, the City Council may approve the encroachment permit if it finds that the encroachment is necessary or desirable, that the encroachment does not create substantially adverse impact on persons or property; and that the encroachments do not adversely affect the public health, welfare and/or safety; and
WHEREAS, any encroachment permit issued is subject to certain conditions imposed by the City Council; and
WHEREAS, such conditions include obtaining approval of all construction plans and completely restoring City property; and
WHEREAS, all encroachment permits may be revoked, with or without cause, by the City with 180 days notice.

AS FOLLOSORE THE CITY COUNCIL OF THE CITY OF AVALON DOES HEREBY FIND Section 1. No adverse effects will result to persons or property as a result of the encroachment being granted.

Section 2. The encroachment does not adversely affect the public health, welfare, and/or safety in any way.
1 RESOLUTION NO. _

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

APPROVING AN ENCROACHMENT PERMIT TO ALLOW INSTALLATION OF A 750-GALLON GREASE INTERCEPTOR WITHIN

THE PUBLIC RIGHT-OF-WAY ALONG THIRD STREET
WHEREAS, Section 4-9.105 of the City of Avalon Municipal Code ("AMC") requires the City Council to approve all encroachment permit applications in which the proposed encroachment involves a permanent structure above, on or beneath the surface, would substantially interfere with the public use of the streets, or does not qualify as a minor encroachment; and
WHEREAS, the Applicant, Caleb Lins, submitted an encroachment application for grease interceptor along Third Street adjacent to the property at 126 Catalina Avenue accordance with AMC Section 4-9.103; and
WHEREAS, the Planning Commission approved a Site Plan at a regularly scheduled meeting on February 22, 2023; and
WHEREAS, the project is in the Coastal Zone and is exempt from a Coastal Development Permit according to Municipal Code section 9-8. 102(b)(2); and WHEREAS, the project is Categorically Exempt under Section 15303 of the State CEQA Guidelines - Class 3 - New Construction or Conversion of Small Structures' and WHEREAS, the City Council may approve the encroachment permit if it finds that the encroachment is necessary or desirable, that the encroachment does not create substantially adverse impact on persons or property; and that the encroachments do not adversely affect the public health, welfare and/or safety; and
WHEREAS, any encroachment permit issued is subject to certain conditions imposed by the City Council; and
WHEREAS, such conditions include obtaining approval of all construction plans and completely restoring City property; and
WHEREAS, all encroachment permits may be revoked, with or without cause, by the City with 180 days notice.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AVALON DOES HEREBY FIND AS FOLLOWS:

Section 1. No adverse effects will result to persons or property as a result of the encroachment being granted.

Section 2 The encroachment does not adversely affect the public health, welfare, and/or safety in any way.
1 Section 3. The conditions established by the City (Exhibit A) are reasonably related to the impacts created by the encroachment and are necessary to protect the public's health, safety and welfare.

Section 4. As a result of the above findings, the City Council hereby granted the applied for encroachment permit to 126 Catalina Avenue pursuant to all conditions specified orally or in writing in this Resolution.

Section 5. The following items must be submitted and approved by the City's Planning and Public Works Departments prior to the issuance of the Encroachment Permit:
a. Approved site plan from the Planning Commission;
b. Traffic control plans for the affected streets;
c. Dewatering plan in which all water is filtered before entering the sewage system;
d. Excavation/Shoring Plan;
e. Storm water runoff devices to be used;
f. Backfill materials to be used;
g. Grading plans, if applicable;
h. Supports of relocations;
i. Security bond in an amount to be determined by the Planning Department; and j. A copy of liability insurance listing the City as additionally insured in an amount to be determined by the Planning Department.
k. Signage Plan
Section 4. Any portions of public property disturbed by the improvement will be promptly restored to as good a condition or better as existed prior to the installation.

Specifically;
a. Asphalt areas must be repaved completely;
b. Any traffic markings will be repainted;
c. Sidewalks, planters, and all other improvements must be replaced to the nearest construction joint;
d. All debris must be hauled away; site must be completely clean.

Section 5. The City may revoke this permit with our without cause by providing 30 days' notice.

Section 6. The encroachment use is necessary or desirable.

PASSED, APPROVED AND ADOPTED on this 28'h day of November, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk/Senior Administrative Assistant 2 Exhibit A: Conditions of Approval

3. Permittee agrees to procure at his own cost and to maintain in force throughout the term of the permit, a Dollar security bond guaranteeing Permittee's obligation to remove the encroachments as provided herein, and General Liability insurance coverage in the amount of Dollars insuring against the matters set forth in Paragraph 2 above and naming the City as an additional insured.

4. No improvements other than those approved by the Avalon City Council shall be constructed on the encroachment area.

5. No furniture, plants, trash cans, storage or any other structure other than a retaining wall by Permittee within the encroachment area.

6. Permittee shall complete all improvements for the access way on or before December 1, 2024.

7. Applicant shall execute a recordable covenant running with the land, in a form approved by the City Attorney, which: (a) surrenders possession of the encroachment structure, releasing the City from all claims in the event that the City determines to widen or improve the street, alley, parkway, or other public place where the encroachment is located; and (b) indemnifies, defends and holds the City harmless from all liability and damages and from costs of suit including attorney fees, arising from the encroachment or the permit. (AMC § 4-9.107).

Applicant shall record the covenant with the County Recorder once the document is • fully executed.

8. Unless waived by the City Manager, applicant shall post and maintain for the term of the permit, a security bond in the amount of $ or cash equivalent.

9. Unless waived by the City Manager, applicant shall provide the City with a copy of liability insurance (combined single limit for bodily injury and/or property damage) in the amount of $ listing the City as additional insured, and shall maintain said insurance for the term of the permit.

10. Applicant shall construct and maintain all encroachment structures in accordance with the plans and specifications submitted to the City with this application and to the satisfaction of the Public Works Director and shall maintain and keep all encroachments in clean and safe condition for the term of the permit.
3 11. Encroachment structures shall be removed by the expiration of the permit term (after five years) or within 180 days of written notice of revocation of the permit by the City to applicant.

Applicant may apply for subsequent permit extensions, unless the permit is terminated. If applicant fails to timely remove the encroachment or fails to comply with the terms of the encroachment permit, the City may remove or cause the removal of the encroachment and applicant shall be liable for all costs incurred by the City for such action. (AMC § 4-9.110).

12. This approval does not grant exclusive use of the publicly owned portion of 126 Catalina Avenue involved; the proposed improvements, which are to be located completely within the City Right of Way, should not interfere with the public's use.

AVALON PLANNING COMMISSION
STAFF REPORT - PC# 2832
WEDNESDAY, FEBRUARY 22, 2023
Application File: CUP, Coastal Development Permit, Site Plan Item No. 3 - Public Hearing Submitted by: David Maistros, City Manager Expansion of existing Conditional Use Permit, Coastal Development Permit & Site Plan application for the remodel and expansion of an existing restaurant, "Lobster Trap," including the construction of a second level office space. The project is exempt from environmental review in accordance with CEQA Section Owner/Applicant: Caleb Lins
Location of Project: 120/126 Catalina Ave.

APN: 7480-015-007 / 7480-015-006
PC #: 2832
Zone: Commercial
File Date: 2/10/2023
Cat

BACKGROUND
The applicant, Caleb Lins is proposing an extensive interior remodel and expansion of the existing, single story commercial structure at 120 and 126 Catalina Avenue ("Lobster Trap"). In addition to the current operational footprint, the project involves the construction of a newly designed second-level office space. 5 (16
The intent of the design maintains the existing architectural style and

CATALIN
proposes minimal change to the building façade. However, the 6 interior and rooftop improvements differ substantially from their 6) current configuration and have the potential to effect neighboring 7 8
Restaurant, Original Jack's Restaurant, etc) and residential development within the immediate vicinity. The site is comprised of two regularly shaped parcel measuring ~50' x '64' (2,649 SF), and 25' x 50' (1,250 SF) located on the upper block of Catalina Avenue 7 approximately 200' from its intersection with Crescent Avenue, which marks the informal beginning of the pedestrianized "Front Street." Sufficient "site-specific" or "discretionary" analysis is essential to ensure the general welfare and character of the neighborhood are not negatively impacted.

GENERAL PLAN, LAND USE, AND ZONING COMPLIANCE
Annual Growth Policy: The growth policy provides that new development will only be permitted for the following classes of projects and almost all require confirmation from Southern California Edison Company ("SCE") that adequate fresh water is available: "Projects involving existing commercial and residential structures which are to be repaired, replaced in kind, or remodeled or enlarged." Staff recommends that the Planning Commission make the finding as required by the 2022 Growth Policy that the proposed business operation is permittable upon approval from Southern California Edison.

Site Plan: The proposed remodel and expansion of an existing restaurant, which is a conditionally allowed use in the Commercial zone, does not qualify as a "minor renovation" as defined in the municipal code and thus requires approval of a Site Plan. The project will need to comply with all applicable development standards (subject to AMC 9-6.2 "Commercial" and 9.7 "General Standards of Development" criteria), including:
• Setbacks (3' rear, otherwise 0)
• Note: no changes to the exterior footprint are proposed • Height (28') - In Compliance @ 24' 4"
• FAR (160%)
• Lot size 3,899 (2,649 + 1,250) x 1.6 = 6,238.40 SF maximum (covered space only) • Parking (TBD by Commission)
• No changes proposed
• Trash Storage
• "Sufficient enclosed off-street trash storage areas to serve the use" • No changes proposed
• General: Adequate Streets, Off Street Parking and Loading, Signs, Fences and Landscaping. • Seating expansion from approximately 70 seats to approximately 120 seats. 2 AMC Section 9-8.203 requires that the Site Plan be approved based upon the following three (3) factors and principles. These criteria are as follows:
(a) Every use, development of land and application of development standards shall take place in compliance with all applicable provisions of this title (b) Every use, development of land and application of development standards shall be considered on the basis of the suitability of the site for the particular use or development in-tended, and the total development, including the application of prescribed development standards, shall be so arranged as to avoid traffic congestion, insure the protection of public health, safety and general welfare, prevent adverse effects on neighboring property and shall be in general accord with all elements of the General Plan.
(c) Every use, development of land, application of development standards shall be considered on the basis of suitable and functional development design, but is not intended that such approval be interpreted to require a particular style or type of architecture.

Conditional Use Permit: The Commission shall consider applications for an expansion of the existing conditional use permit. Such consideration may include imposition of such conditions as are deemed necessary so as to not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare, or be materially detrimental to the property of other persons located in the vicinity of such use. While the overall use of the site is not changing, the project has the potential to effect the intensity of said use, which is conditionally allowed in the Commercial Zone. To approve the project, the Commission will need to determine that the scope of work is in general accord with the following principles and standards for approval of a Conditional Use Permit:

1. The proposed conditional use shall conform with and carry out the certified LUP for the area.

2. The nature, condition, and development of adjacent uses, buildings, and structures shall be considered and no proposed conditional use shall be permitted where such use will adversely affect or be materially detrimental to said adjacent uses, buildings, and structures. Proposed use is an expansion of an existing use and is not materially detrimental with adjacent uses. In fact, proposed use is consistent with existing adjacent uses.

The site for a proposed conditional use shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features prescribed in this chapter or as required as a condition in order to integrate said use with the uses in the neighborhood. Proposed use is not expanding beyond existing structure and therefore should be considered adequate in size and shape. City's general development plan for the area provides for consideration of outside dining operations along this section of Catalina Avenue down to Crescent Avenue. Proposed conditionally permitted use will not negatively impact or prohibit any anticipated future use.

4. The site on which the conditional use is located is served by a street that is adequate in width and improved as necessary to carry the kind and quantity of traffic that such use would generate.

Catalina Avenue and Third Street are adequate in width and improved to accommodate proposed expanded use.

The project is Categorically Exempt under Section 15301 of the State CEQA Guidelines - Existing Facilities
• Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety • Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances;
• Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices;
• Additions to existing structures provided that the addition will not result in an increase of more than:
• 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or
Coastal Development:

The project is located in the Coastal Zone within the 300ft appealable seaward boundary of Coastal Commission jurisdiction. It was determined that the project qualifies as development and would require the local issuance a CDP in accordance with AMC Section 9- 8.102(b)(2) as an "improvement to existing structures other than single-family dwellings" dependent on the following considerations:

1. The use is consistent with the goals and objectives of the public acc

2. ess and recreational policies of the California Coastal Act.

3. The use is in conformance with the Certified Local Coastal Program for the City of Avalon, which includes the Avalon General Plan, the Local Coastal Plan for Avalon, as well as the Avalon Zoning and Affordable Housing Ordinances.

4. The use has received all necessary local approvals issuable by the Planning Commission, including Growth Ordinance Pre- Approval (in concept)

5. The use has been cleared with respect to environmental regulations of CEQA, as necessary.

6. For all development seaward of the nearest public highway to the shoreline, the proposed development conforms to the public access and recreation policies of Chapter 3 of the Coastal Act.

RECOMMENDATIONS
Staff recommends the Planning Commission consider and determine if the applicant meets the criteria for an expansion of the existing CUP and, if so, approve with the following conditions:

1. The second floor office space shall not be converted to residential use or overnight accommodations.

2. No rooftop deck permitted off the second floor office space. 4 3. The applicant provide verification to the Planning Department that he is in compliance with the City's inclusionary housing requirements.

4. Applicant shall erect a story pole depicting the height of the second floor office space in order to confirm that such vertical expansion will not negatively impact the sight lines of neighboring Site Plan. Should the Commission determine that the Site Plan satisfies the criteria set forth in AMC Section 9-8.203 then the site plan should be approved subject to meeting the conditions set forth for the CUP.

Attachments:

1. Structural Steel Plan

2. Proposed Food Service Equipment Floor Plan.

3. Fixture and Equipment Schedule.

4. Food Service Equipment Plan.

5. Resolution will come under separate cover
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08 XXx

LOBSTER TRAP

COUPMENT PLAN

SCALE AS NOTED
SHEET 5 dX
STD *2 FS-4
Attachment 1: Resolution No. 23-05

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF AVALON APPROVING AND ISSUING A

CONDITIONAL USE PERMIT, COASTAL DEVELOPMENT

PERMIT AND SITE PLAN FOR A RESTAURANT OPERATION
AT 120/126 CATALINA AVE APN: 7480-015-007 AND 7480-015-006 WHEREAS, Caleb Lins ("Applicant") filed an application ("Application") for the approval of a Site Plan, Conditional Use Permit, and Coastal Development Permit regarding the expansion of an existing restaurant, "The Lobster Trap", located at 120/126 Catalina Ave., Avalon, California, and further described as Assessor's Parcel Number 7480-015-006 and 7480-015-007, in the Commercial Zone ("Site"); and
WHEREAS, This Application for the conditionally allowed usage of the site was executed in accordance with Avalon Municipal Code ("AMC") Section 9-8.102, 9-8.202 & 9-8.403; and WHEREAS, on February 22, 2023, the Planning Commission of the City of Avalon ("Planning Commission") conducted a duly noticed public hearing at a regularly scheduled meeting considering the Application at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed; and WHEREAS, pursuant to Title 14, California Code of Regulations, section 15367, the City of Avalon is the lead agency for purposes of the Project; and WHEREAS, The project is Categorically Exempt under Section 15301 of the State CEQA Guidelines - Existing Facilities
• Additions to existing structures provided that the addition will not result in an increase of more than:
• 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or
• Alternatively, the project is Categorically Exempt under Section 15303 as conversion of a small structure.

WHEREAS, the Planning Commission has considered the staff report, supporting documents, public testimony, and all pertinent information submitted WHEREAS, all other legal prerequisites for the consideration of the Conditional Use Permit, and Coastal Development Permit have occurred.

NOW, THEREFORE, the Planning Commission of the City of Avalon does hereby determine and find as follows:

Section 1. All Recitals shall be incorporated into this Resolution by reference. Pursuant to Section AMC 9-8.203, and based on the entire record before the Planning Commission, all written 1 65059.00002\41046107.1
and oral evidence presented, and the findings set forth in this Resolution, the Planning Commission grants a Site Plan, subject to the conditions of approval set forth in the attached Exhibit "A." • Every use, development of land and application of development standards shall take place in compliance with all applicable provisions of this title. The proposed extensive interior remodel and expansion is an extension to the existing restaurant operation, in addition to the current operational footprint, the project involves the construction of a new second story office space which is a conditionally allowed use in the Commercial Zone. The project will comply with all applicable development standards (subject to Commercial "C" criteria). • Note: no changes to the exterior footprint are proposed. • Height (28') - In Compliance @ 24'4"
• FAR (160%)
• Lot size 3,899 (2,649 + 1,250) x 1.6 = 6,238.40 SF maximum (covered space only) • Parking (TBD by Commission)
• No changes proposed
• Trash Storage
"Sufficient enclosed off-street trash storage areas to serve the use" • No changes proposed
• General: Adequate Streets, Off Street Parking and Loading, Signs, Fences and Landscaping. • Seating expansion from approximately 70 seats to approximately 120 seats. (a) Every use, development of land and application of development standards shall be considered on the basis of the suitability of the site for the particular use or development in-tended, and the total development, including the application of prescribed development standards, shall be so arranged as to avoid traffic congestion, insure the protection of public health, safety and general welfare, prevent adverse effects on neighboring property and shall be in general accord with all elements of the General Plan. There is general accord with the General Plan and adverse effects on neighboring properties are limited as follows:

This project proposes minimal change to the building façade. However, the interior and rooftop improvements differ substantially from their current configuration and have the potential to effect neighboring properties, which includes a mix of commercial (Catalina Island Company Tour Pavilion, Chet's Hardware, Mrs. T's Chinese Restaurant, Original Jack's Restaurant, etc) and residential development within the immediate vicinity. The site is comprised of two regularly shaped parcel measuring ~50' x "64' (2,649 SF), and 25' x 50° (1,250 SF) located on the upper block of Catalina Avenue approximately 200' from its intersection with Crescent Avenue, which marks the informal beginning of the pedestrianized "Front Street." (b) Every use, development of land, application of development standards shall be considered on the basis of suitable and functional development design, but is not intended that such approval be interpreted to require a particular style or type of architecture. This project proposes some minimal change to the building façade. However, the interior and rooftop improvements differ substantially from their current configuration. The intent of the design maintains the existing architectural style.
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Section 2. Based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings set forth in this Resolution, the Planning Commission grants a Conditional Use Permit, subject to the conditions of approval set forth in the attached Exhibit "A."

1. The proposed conditional use shall conform with and carry out the certified Land Use Plan for the area.

The proposed Conditional Use Permit conforms with and carries out the certified Land Use Plan for the area.

3. The site for a proposed conditional use shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features prescribed in this chapter or as required as a condition in order to integrate said use with the uses in the neighborhood. Proposed use is not expanding beyond existing structure and therefore should be considered adequate in size and shape. City's general development plan for the area provides for consideration of outside dining operations along this section of Catalina Avenue down to Crescent Avenue. Proposed conditionally permitted use will not negatively impact or prohibit any anticipated future use.

4. The site on which the conditional use is located is served by a street that is adequate in width and improved as necessary to carry the kind and quantity of traffic that such use would generate.

Catalina Avenue and Third Street are adequate in width and improved to accommodate proposed expanded use. Traffic on this section of the street is primarily foot traffic, and the street can accommodate the additional persons this expansion in use will generate.

5. The proposed conditional use shall be consistent with and carry out the purpose and intent of the underlying zone. Yes. Expansion of an existing restaurant is consistent with the purpose and intent of the underlying zone. The area is zoned for commercial uses and the expansion will increase access of people to this zone and improve the restaurant's ability to serve customers.

Section 3. Based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings set forth in this Resolution, the Planning Commission grants a Coastal Development Permit, subject to the conditions of approval set forth in the attached Exhibit "A."

1. The use is consistent with the goals and objectives of the public access and recreational policies of the California Coastal Act.

The use is consistent with the following goals and objectives:
• Public Access:
3 65059 00002\41046107.1
Section 30211 "Development shall not interfere with the public's right of access to the sea" Section 30212 "Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects" Section 30213 "Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred."

2. The use is in conformance with the Certified Local Coastal Program for the City of Avalon, which includes the Avalon General Plan, the Local Coastal Plan for Avalon, as well as the Avalon Zoning and Affordable Housing Ordinances.

The use conforms to the City of Avalon Local Coastal Program as follows:
• General Plan land use designation (Commercial) is consistent, as well as the zoning Commercial Zone).
• Coastal Act Section 30214 "The public access policies of this article shall be implemented in a manner that takes into account the need to regulate the time, place, and manner of public access depending on the facts and circumstances in each case including, but not limited to, the following:
• (1) Topographic and geologic site characteristics.
• (2) The capacity of the site to sustain use and at what level of intensity. • (4) The need to provide for the management of access areas so as to protect the privacy of adjacent property owners and to protect the aesthetic values of the area by providing for the collection of litter.

3. The use has received all necessary local approvals issuable by the Planning Commission, including Growth Ordinance Pre-Approval (in concept) together with water allocation, as may be required. Upon obtaining approval of the requested entitlements included in this report (CUP modification, CDP and Site Plan), the proposed project will have received all necessary local approvals issuable by the Planning Commission. As follow up, detailed plans will be submitted and reviewed by the Building and Planning Department. However, Southern California Edison still may require an additional water allocation, which shall be made a condition of approval.

4. The use has been cleared with respect to environmental regulations of CEQA, as necessary. The proposed use is categorically exempt under CEQA Section 15303 of the State CEQA Guidelines - New Construction or Conversion of Small Structures and CEQA Section 15301 - Existing Facilities

5. For all development seaward of the nearest public highway to the shoreline, the proposed development conforms to the public access and recreation policies of Chapter 3 of the Coastal Act. The development increases access to the coast with the restaurant expansion so is in conformity with Chapter 3's public access and recreation policies.

Section 4. Based on the entire record before the Planning Commission and all written and oral evidence presented to the Planning Commission, the Planning Commission hereby finds the nature and extent of the dedications, reservations, impact fees, and other exactions set forth in Exhibit "A", if any, are reasonably related to public needs and roughly proportional to the impacts created by entitlements for the Site.
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Section 5. The Planning Commission's decision shall become effective fifteen (15) days after the receipt by the Applicant of a written notice of action taken unless an appeal has been made to the City Clerk of Avalon within the said fifteen (15) days.

Section 6. The Chair of the Planning Commission shall sign this Resolution and the Secretary of the Planning Commission shall certify the adoption thereof.

NOW, THEREFORE BE IT FURTHER RESOLVED by the Planning Commission of the City of Avalon that the Application is hereby approved, subject to the Conditions of Approval in Exhibit A, and that a copy of this Resolution be delivered to the City Clerk as well as the Applicant.

PASSED, APPROVED AND ADOPTED this 22nd day of February, 2023.

Chairman Bart Glass
ATTEST:

Dave Maistros, City Manager

CERTIFICATE
I, Donna Terpinitz-Romo, hereby certify that the foregoing Resolution 23-05 was adopted by the Planning Commission of the City of Avalon at a regular meeting held on the 22nd day of February, 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Donna Terpinitz-Romo Senior Administrative Assistant
Exhibit A
5 65059.00002\41046107.1
Conditions of Approval
Street Address: 120/126 Catalina Avenue
PC# 2822
The following conditions are specific to PC Application #2822:

1. This project approval shall expire on February 22, 2026, unless a time extension is filed and approved by the Planning Department prior to expiration.

2. All access roads, yards and parking areas shall be properly maintained for life of the project.

3. The second floor office space shall not be converted to residential use or overnight accommodations.

4. No rooftop deck permitted off the second floor office space.

5. The applicant provide verification to the Planning Department that he is in compliance with the City's inclusionary housing requirements.

6. Applicant shall erect a story pole depicting the height of the second floor office space in order to confirm that such vertical expansion will not negatively impact the sight lines of neighboring properties.

7. The Commission may impose additional conditions as are deemed necessary at the time of discussion to protect the public health, safety and general welfare, including any pertinent factors affecting the establishment, operation or maintenance of the requested use.

The following conditions require additional action by or documentation from, the applicant before building permits can be issued:

The California Department of Fish & Wildlife filing fee shall be submitted as required by California Environmental Quality Act (CEQA) statute, Section 21089(b) and Fish and Game Code Section 711.4. The fee should be paid within five (5) days of approval of the environmental filing at the Los Angeles County Clerk's Office. Once fees have been paid, the applicant shall submit a copy of all documentation to the City of Avalon, verifying the fees have been paid.

Said permit shall not become valid, vested or operative until the fee has been paid.

No development, including demolition/construction work, shall commence on the subject property until appropriate permits have been applied for and obtained from City of Avalon Department.

If applicable, confirmation is provided by SCE that this project will not require additional fresh water.

Projects resulting in demolition of existing structures or projects exceeding $75,000 in value must provide certification of the condition of the sewer lateral before building permits can be 6 65059.00002\41046107.1|
issued.

Projects involving structures constructed before 1979 and that requires any demolition, must be assessed for the presence of asbestos, lead and other hazardous materials which shall be handled in accordance with applicable State codes, South Coast Air Quality Management District regulations, as well as the Federal National Emissions Standard for Hazardous Air Pollutants (NESHAP). Copies of inspection results and shipping manifests (when disposal is required) must be provided prior to issuance of a demolition permit or building (major renovation) permit.

Projects requiring excavation and/or grading in a mapped archeologically area defined in the Cultural Resources Management Plan for the City, may be required to have a qualified archeological monitor onsite during excavation and/or grading.

Projects requiring obstruction of the public right of way must obtain obstruction permits prior to or simultaneous with the issuance of a building permit.

Projects requiring excavation in the public right of way must obtain excavation permits prior to or simultaneous with the issuance of a building permit.

Projects subject to payment of Long Beach Unified School District fees must provide proof of payment or exemption prior to issuance of the building permit.

The following conditions apply to all projects:

The project shall be under construction (defined as foundations in and framing in progress) within 36 months of this approval or all permits will be null and void.

Projects located in the floodplain as defined by the FIRM (Flood Insurance Rate Map), must provide a base flood elevation certificate for the new or substantially improved structure resulting from this application before a building permit can be issued.

Legal lot status must be verified in compliance with local and state subdivision laws, including the Subdivision Map Act ("SMA") prior to the expiration of this project approval. Should any land division violation be determined, the applicant may request a Certificate of Compliance to create a buildable parcel.

If the City discovers that material facts were not disclosed by applicant or that facts provided by the applicant were different than represented, the City may impose additional conditions of approval to mitigate any adverse impacts. The Planning Commission may revoke or modify the approval in the future if the Commission finds that the use to which the permit allows is detrimental to health, safety, comfort, general welfare of the public; constitutes a public nuisance; if the permit was obtained or is being used by fraud; and/or if one or more the conditions upon which a permit was granted are in noncompliance or have been violated.

The project shall be developed and maintained in strict accordance with the approved plans unless written approval is given by the Planning Department. 7 65059.00002\41046107.1
This approval does not abridge or supersede the regulatory powers and permit requirements of any federal, state, or local agency requirements, which may retain a regulatory or advisory function as specified by statute or ordinance. Authorization by the Planning Department does not waive the requirement that the project comply with all sections of the Avalon Municipal code and all other relevant local/state/federal regulations. The applicant shall obtain and maintain permits as may be required from each agency.

The applicant is responsible for ensuring that all project workers are informed of, understand, and agree to abide by the approved plans and project conditions.

All construction on the project shall be limited to Monday through Saturday, 8am to 7pm. No construction shall occur on Sundays.

All project contractors and sub-contractors must maintain a City of Avalon business licenses in compliance with all local, state, and federal laws allowing them to work in the City.

Non-combustible roofing materials shall be used subject to approval by the Building and Fire Departments.

Approved fire walls shall be constructed as required by the adopted Building Code.

Fire Suppression system is required if the project is for:
a) New Structure; or
b) Rehabilitation, remodeling or reconstruction of twenty five percent (25%) or more of the gross square footage of an existing commercial or multiple unit residential building or structure; or
c) Rehabilitation, remodeling or reconstruction of fifty percent (50%) or more of the gross square footage of a single unit residential building or structure and the cost of the work is more than $10,000.00.
d) Change in the use of the building or structure. Change in use is defined as "those alterations which significantly alter the use, increase the number of dwelling units in an existing building or result in a building being held open to the public where the prior use was for private purposes only. This could include changes from principally permitted to conditionally permitted uses, but excludes the conversion of a single family residence from transient to non-transient rental or from non-transient to transient rental. The requirement shall apply to changes from commercial to residential, or residential to commercial, but would not include expansions of existing commercial uses, such as the addition of table service at an existing coffee bar or the addition of service of liquor at a restaurant."
e) Work has been done without City permits) and City files do not contain information to enable us to determine extent of changes to building. In order to avoid an order to install a fire sprinkler system, you must provide valid documentation of the structural plan as it existed prior to the un-permitted work.

The site shall be kept in a neat manner at all times and the landscaping shall be continuously 8 65059.00002\41046107.1
maintained in a healthy and thriving condition. During construction activities, the applicant shall remove daily accumulation of mud and dirt from any roads adjacent to the site; any removal of vegetation or construction materials shall be lawfully disposed of.

Non-potable water must be used for dust control during construction.

The entire sanitation system shall be connected to the City salt water system.

The design and construction of all sewers shall be approved by the Department of Public Works, including the design and construction of sewer connections and laterals.

Structural drainage shall be provided by use of roof gutters and downspouts which allow for proper drainage away from the foundation of any structure and which do not cause any pooling of standing water.

All plans and specifications must be approved by the City of Avalon Building Department prior to construction beginning.

City staff shall review and approve location, size and noise output of any mechanical devices.

Any changes mandated by the City of Avalon Building Department that would require an amended site plan must be reviewed and approved by the Planning Commission before any construction takes place.

Owner/Applicant must offer to dedicate to the City the following easements measuring at least 10 feet in width, if applicable:

Public utilities easement
Water line easement
Sewer facilities easement
Landscape easement
Storm drain easement
Any existing public improvements which are damaged as a result of construction regarding the project shall be repaired or replaced to the satisfaction of City staff at the Owner/Applicant's sole cost before a certificate of occupancy can be issued.

Owner/Applicant agrees to indemnify, defend, and hold the City harmless, with counsel reasonably acceptable to the City, from costs and expenses, including attorney fees, incurred by the City or held to be the liability of the City in connection with the City's defense of its actions in any proceeding brought in any State or Federal court challenging the City's actions with respect to the project. Owner/Applicant understands and acknowledges that the City is under no obligation to defend any legal actions challenging the project.

Any preexisting Municipal Code violations at the property may be required, in City's sole discretion, to be resolved prior to issuance of a certificate of occupancy, even if such Code violations are unrelated to the project.
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Project must comply with all mitigation measures noted in any related environmental assessments performed in connection with this project, prior to receiving a certificate of occupancy.

All conditions of approval must be completed to the satisfaction of the City Planning Department prior to occupancy of the project.

Project applicant must pay the City all statutory fees under the City's fee ordinance, unless otherwise waived by the Director.

Project must obtain appropriate water allocation from Southern California Edison Company, if any, with written allocation issued by Southern California Edison Company to be provided to City by applicant.
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CITY OF AVALON CITY COUNCIL
MEETING DATE: November 28, 2023 AGENDA ITEM: 14
ORIGINATING DEP: Public Works CITY MANAGER: Duk
PREPARED BY: Jamie Hmielak, Maintenance Superintendent
SUBJECT: Authorization to Upgrade Communication Equipment at WWTP RECOMMENDED ACTION(S): (1) Authorize PERC Water to have The LeMasters Company (ILC) replace the existing commination equipment for the Wastewater Treatment Plant (WWTP) with the radio based Phoenix System. (2) Allocate funds from Sewer Fund 108-25-6552 for the procurement in the amount of not to exceed $110,522.50.

REPORT SUMMARY: PERC Water maintains the City's Wastewater Treatment Plant, and have requested to have TLC replace the existing communication equipment that allows plant operators to monitor the sewage lift stations, and saltwater pump stations remotely. The existing communication equipment is outdated 1, and no longer works with our AT&T landline service. This has created a hardship for staff at the plant as they must manually monitor all facilities, which can be very time consuming. The status of the existing equipment is also a danger as many of the alarm and notification systems can no longer be utilized.

The primary objective of this project is to replace the outdated communication equipment with modern, reliable radio frequency technology provided by TLC called the Phoenix System. The new equipment will facilitate real-time monitoring, control, and data acquisition, enabling plant operators to respond promptly to changing conditions and optimize treatment processes. The upgraded system will also enhance the plant's ability to collect accurate data for regulatory reporting, ensuring compliance with environmental standards.

TLC Solutions, a reputable provider of industrial automation solutions, has been selected to supply and install the new RF I/O equipment. The proposed solution includes:

1. Hardware Replacement: Installation of state-of-the-art RF I/O devices to replace the outdated equipment.

2. Software Integration: Integration of the new equipment with the existing Supervisory Control and Data Acquisition (SCADA) system to ensure seamless communication and data transfer.

3. Training: Training sessions for plant operators to familiarize them with the new equipment, ensuring a smooth transition and optimal use.

It is recommended that the City Council approve the communication equipment upgrade at the WWTP and authorize the allocation of funds for the project from the Emergency Repair Sewer Fund. The timely replacement is critical to ensuring the continued efficient operation of the plant and compliance with environmental regulations.

The scope of work completed with this proposal is deemed to be completed most efficiently by TLC without competitive bidding per Section 3-4.111(c) of the AMC:
§ 3-4.111 Exceptions from Bidding and Other Competitive Procedures, (c) Economic Efficiency. If a competitive market does not exist, or the City will not gain a competitive advantage by using the formal contract bid or other competitive procedure, or where the public project, goods or services may be obtained more economically or efficiently without the procedure, the City may dispense with formal bidding or other competitive procedures.

This determination is based on the finding that TLC has regularly provided similar services at the WWTP and Saltwater facilities, is highly qualified and has unique and specialized knowledge of the City of Avalon facilities. Use of other vendors for this work would require extensive preliminary engineering and site visits to convey the work requirements prior to bidding. The City will therefore not gain a competitive advantage by using the formal contract bid or other competitive procedure.

GOAL ALIGNMENT: Infrastructure reliability and safety.

FISCAL IMPACTS: A cost not to exceed of $110,522.50. Sufficient funds exist in FY 23-24 Sewer Fund 108-25-6552.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: PERC Water will continue to have to manually monitor all sewer & saltwater facilities which creates an major inefficacy for staff, and a potentially dangerous situation due to lack of alarm system.

FOLLOW UP ACTION:. Authorize PERC Water to have TLC install the Phoenix communication system upgrade.

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

ATTACHMENTS: PERC Water Additional Services Request Form, and proposal from TLC.

Additional Services Request Form O perc water
DESIGN | BUILD | OPERATE
Project Name Acditional Services Project Numt Emergency Quote Date Upgrade Phoenix Remote Communication upgrade 2023-07B Sum Of Project Cost Task Description 10/27/23 $110,522.50
Position Position Position Position Position Position Extended Price Add Description Project Operator
Field Tech Field Tech Field Tech Field Tech 2
Manager 1 Regular 1 OT 2 Regular OT
Total Hours 0.00 0.00 0.00 0.00

0.00 0.00
Hourly Rate $261.00 $139.00 $116.00 $174.00 $116.00 $174.00 Estimated PERC Labor Cost $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Part Quanity Vendor Materials $0.00
LeMasters Unit Cost Unit Price Extended Price
Equipment and Support For System Upgrade $1.00 $85,475.00 $ 85,475.00 / $-
$-
SubTotal $85,475.00m
10% Markup $8,547.50 ~
Total Materials $94,022.50
Sub-Contractor Cost Extended Price
Please note that shipping and handling charges are not included in this quote. Sales tax will be added to orders shipped to Califomia unless tax exempt information is provided.

Description of.

Subcontractor: Subcontractor work:

Orontes Assist with installation of Pheonix System Quote Amount:
$15,000.00/
SubTotal $15,000.00
10% Markup $1,500.00
Recommended for Approved by DeW Total Sub Contractor Cost $16,500.00 PROJECT TOTAL • $110,522.50
Date
11-16-2023
CM Signature
Greater then 25,000. Need CC Steff Reprt
The LeMasters Company
October 27, 2023
Perc Water Corp.
17520 Newhope Street, Suite 180
Fountain Valley, CA 92708
Attention: Mr. Dave West'
Reference: City of Avalon MWTP Radio Frequency I/O Replacement Project Dear Dave,
The LeMasters Company (TLC) is pleased to submit this proposal for the above referenced project for the City of Avalon.

Overview and Cost
TLC will provide on-site engineering, programming and related support services, as well as the new RF 1/0 equipment and modules for the above referenced project. Work to be performed will consist of general electrical/controls engineering support, PLC programming and HMI screen additions and configuration services to allow for the replacement of the obsolete RF I/O equipment currently installed on the island. TLC will also generate any new AUTOCAD drawings that are required as well as update any existing or redlined drawings in the existing drawing package. In addition to these services TLC will provide personnel training for operation of the new equipment and HMI control screens as well as update or modify any exiting HMI control screens to allow for smoother and more logical operation of the plant.

Total cost to provide the equipment and support, as detailed above, is $85,475.00. Work on the project could be quickly scheduled after receipt of a purchase order. All travel, lodging and sustenance expenses are included in the above amount.

The LeMasters Company proposes the following milestone invoicing schedule for the project.

Invoice #1-40% due at award of project
Invoice #2 - 40% due upon receipt of all equipment at TLC or the Avalon MWWTP Invoice #3 - 20% due at completion of start-up and after receipt of all as-built project documentation at Avalon It should be noted that two weeks of Mr. Leonel Talavera's time will be required for installation of the new equipment. The costs for his time and services are not included as part of this proposal. Also, the two weeks do not have to be consecutive.

It should also be noted that the delivery time for the RF 1/0 equipment is 14 to 16 weeks. This equipment can be ordered after receipt of a PO.

Thank you for your consideration of The LeMasters Company. If you have ahy questions, or if you require any additional information. please contact me by phone at (713) 724-5583.

Sincerely,
15,000 quote colter

THE LEMASTERS COMPAY, LLC
Ronald W. LeMasters to subcitracter lIne.

Ronald W. LeMasters
13414 Lost Creek Rd., Tomball, Texas 77375, Phone: (713) 724-5583

CITY OF AVALON CITY COUNCIL
15 MEETING DATE: November 28, 2023 AGENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER: DURe
PREPARED BY: David M. Maistros, City Manager
SUBJECT: Annual Love Catalina Tourism Authority Report
RECOMMENDED ACTION(S): Receive and file report.

REPORT SUMMARY: Each fiscal year an allocation from the General Fund equal to 22% of the Transient Occupancy Tax (TOT) is allotted to the Catalina Island Chamber of Commerce and Visitors Bureau, Inc. dba Love Catalina Tourism Authority (Love Catalina) to support promotion and music in Avalon.

Over the last 5 years the TOT allocation to Love Catalina is as follows:

FY19 FY20 FY21 FY22 FY23
Allocation $ 1,212,694 $1,025,722 $1,291,095 $1,908,806 $ 1,826,003 During the same time, visitor numbers are as follows:

FY19 FY20 FY21 FY22 FY23
Cross Channel 677,223 499,661 550,676 747,840 679,219
Cruise Ship 262,365 180,818 47,893 134,306 314,209
Private Boat 55,805 51,897 61,906 57,540 52,440
Private Aircraft 10,620 16,197 19,730 20,421 17,688
Helicopter 18,601 10,957 14,301 18,071 14,598
All Arrivals 1,024,614 759,530 694,506 978,178 1,078,154 Per the Avalon Municipal Code (AMC) Section § 3-2.102:
"The sum allocated for promotion and music pursuant to § 3-2.101 shall be deposited with the Catalina Island Chamber of Commerce and Visitors Bureau, Inc. ("the Chamber of Commerce"), which shall expend the funds solely and exclusively for promotion of the City.

Any portion of the funds not so expended during the fiscal year shall be returned to the City and placed in the General Fund.

The funds shall be expended by the Chamber of Commerce on behalf and to the satisfaction of the City as follows:
(a) To provide information services to the general public including responding to all communications and inquiries whether written, telephonic, person-to-person, or otherwise regarding the City of Avalon, its facilities for visitors, recreational and sporting events and other attractions;
(b) To prepare and distribute to the public, the press, the tourism industry and any other interested category of persons articles, publications, press releases, correspondence, photographs, literature, historical information, and any other advertising and publicity material descriptive of the City and its advantages; (c) To promote the City as a site for professional, business, and trade conventions and business meetings;
(d) To perform such other activities as may be required by the City Council in order to promote the City."
The AMC also provides conditions of expenditures allocated to Love Catalina in Section § 3-

2.103:
"Expenditures by the Chamber of Commerce of the funds provided by the City shall, in addition to the limitations set forth in § 3-2.102 be subject to the following conditions:
(a) On or before the first day of November of each fiscal year, the Chamber of Commerce shall submit to the City a report containing an accounting of the use of funds provided by the City during the previous fiscal year, setting forth with particularity and in accordance with professional accounting standards the amount and nature of all such expenditures;
(b) Funds obtained by the Chamber of Commerce from the City shall not be used for political purposes or in a manner which unlawfully discriminates against any class or category of persons or businesses;
(c) The Chamber of Commerce shall make available to the City or its representative upon reasonable notice for examination, audit, or inspection all of its books, records, and accounts which in any manner relate to the expenditure of the City funds." FISCAL IMPACTS: None.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: None.

FOLLOW UP ACTION: None.

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

ATTACHMENTS: Love Catalina FY 2022-2023 Audited Financials and Tax Returns.

Catalina Island Chamber of Commerce
and Visitors Bureau, Inc.

Financial Statements
June 30, 2023 and 2022
(With Independent Auditor's Report Thereon)
Catalina Island Chamber of Commerce
and Visitors Bureau, Inc.

June 30, 2023
Table of Contents Page No.

Independent Auditor's Report
Financial Statements
Statement of Financial Position
Statement of Activities 4
Statement of Cash Flows
Statement of Functional Expenses 6
Notes to Financial Statements 7
McGinty, Knudtson & Associates, LLP
Certified Public Accountants
Independent Auditor's Report
To the Board of Directors of
Catalina Island Chamber of Commerce and Visitors Bureau, Inc.

Opinion
We have audited the accompanying financial statements of Catalina Island Chamber of Commerce and Visitors Bureau, Inc. (a nonprofit organization), which comprise the statement of financial position as of June 30, 2023, and the related statements of activities, functional expense and cash flows for the year then ended, and the related notes to / m 0,203 as he hange pots not
United States of America.

Basis for Opinion
We conducted our audit in accordance with auditing standards generally accepted in the United States of America.

Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of Catalina Island Chamber of Commerce and Visitors Bureau, Inc. and to meet our other ethical responsibilities in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about Catalina Island Chamber of Commerce and Visitors Bureau, Inc.'s ability to continue as a going concern within one year after the date that the financial statements are available to be issued
Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinion.

Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for 222 one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgement made by a reasonable user based on the financial statements.

In performing an audit in accordance with generally accepted auditing standards, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. 20422 Beach Blvd, Ste 450, Huntington Beach, CA 92648 | 714.536.7777 www.mkbcpas.com • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of Catalina Island Chamber of Commerce and Visitors Bureau, Inc.'s internal control. Accordingly, no such opinion is expressed.

Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about Catalina Island Chamber of Commerce and Visitors Bureau, Inc.'s ability to continue as a going concern for a reasonable period of time.

We are required to communicate with those charged with governance regarding, among other matters, the plannec scope and timing of the audit, significant findings, and certain internal control related matters that we identified during Report on Summarized Comparative Information
We have previously audited the Catalina Island Chamber of Commerce and Visitors Bureau, Inc.'s 2022 financial statements, and we expressed an unmodified opinion on those audited financial statements in our report dated September 22. 2022. In our opinion, the summarized comparative information presented herein as of and for the year ended June 30, 2022, is consistent, in all material respects, with the audited financial statements from which it has Mainty Knudtson + Associates, LLP
McGinty, Knudtson & Associates, LLP
Huntington Beach, CA
November 2, 2023
Catalina Island Chamber of Commerce and Visitors Bureau, Inc.

Statement of Financial Position
June 30, 2023 and 2022
Assets
6/30/2023 6/30/2022
Current Assets
Cash and cash equivalents $ 332,600 $ 315,500
Investments 121,500 112,900
Accounts receivable 442,800 590,100
Prepaid expenses 137,400 30,500
Total current assets 1,034,300 1,049,000
Fixed Assets
Property and equipment 186,500 186,500
Less: accumulated depreciation (81,400) (77,500)
Total fixed assets 105,100 109,000
Total Assets $ 1,139,400 $ 1,158,000
Liabilities & Net Assets
Current Liabilities
Accounts payable $ 213,600 $ 187,300
Accrued wages 62,400 51,600
Deferred income 63,300 100
Total current liabilities 339,300 239,000
Long Term Liabilities
SBA Economic Injury Disaster Loan 147,600 150,000
Total long term liabilities 147,600 150,000
Net Assets
Without donor restrictions 652,500 664,800
With donor restrictions 104,200
Total net assets 652,500 769,000
Total Liabilities & Net Assets 1,139,400 $ 1,158,000
The accompanying notes are an integral part of these financial statements. 3 Catalina Island Chamber of Commerce and Visitors Bureau, Inc.

Statement of Activities
For the Years Ended June 30, 2023 and 2022
6/30/2023
Without Donor With Donor
Restrictions Restrictions Total 6/30/2022
Support and Revenue
Public source revenue - Transient Occupancy Tax $ 1,822,100 $ 1,822,100 $ 1,912,700 Public source revenue - Rent Waiver 22,500 22,500 22,500 90,600 90,600 81,800
Advertising and marketing income 254,700 254,700 259,100 Programs and special events 160,700 160,700 142,600
Other income - 1,900 1,900 121,800
Total Support and Revenue 507,900 $ 1,844,600 2,352,500 2,540,500 Expenses
Program Services
Marketing & public relations 1,602,600 1,602,600 1,502,400 Visitors services 96,200 108,500 204,700 154,500
Programs to promote & enhance 237,700 237,700 174,100
:

Other activities
Total Program Services 96,200 1,948,800 2,045,000 1,831,000 Supporting Services
General & administrative 424.000 424,000 341,500
Total Supporting Services 424,000 424,000 341,500
Total Expenses 520,200 1,948,800 2,469,000 2,172,500
Change in Net Assets (12,300) (104,200) (116,500) 368,000 Net Assets at Beginning of Year 664,800 104,200 769.000 373,700 -
Net Assets at End of Year 652.500 652,500 $ 741,700
The accompanying notes are an integral part of these financial statements.

Catalina Island Chamber of Commerce and Visitors Bureau, Inc.

Statement of Cash Flows
For the Years Ended June 30, 2023 and 2022
6/30/2023 6/30/2022
Cash Flows from Operating Activities
Reconciliation of net income to net cash
provided by operating activities:

Net income (loss) (116,500) 368,000
Depreciation expense 4,000 3,600
PPP loan forgiveness (99,300)
:

Loss on asset disposal 400
Changes in assets and liabilities
Accounts receivable 147,300 (77,400)
Prepaid expenses (106,900) (16,200)
Accounts payable 26,300 58,700
Accrued wages 10,800 (10,700)
Deferred income 63,200 (28,100)
Net cash provided by operations 28,200 199,000
Cash Flows from Investing Activities
Purchase of investments (55,300) (28,400)
Sale of investments 46,600
(21,000)
Equipment additions
Net cash provided by investing (8,700) (49,400)
Cash Flows from Financing Activities
Payments on SBA EIDL (2,400)
Net cash provided by financing (2,400)
Net Cash Increase (Decrease) 17,100 149,600
Cash at Beginning of Year 315,500 165,900
Cash at End of Year 332,600 $ 315,500
Supplemental Disclosure of Cash Flow Information:

Cash paid during the year for:

Interest (net of amount capitalized) $ 13,000 $ -
The accompanying notes are an integral part of these financial statements.

Statement of Functional Expenses
For the Years Ended June 30, 2023 and 2022
Marketing & Programs to 6/30/2023 6/30/2022
Public Visitors Promote & Other Total Program General & Total Total Relations Services Enhance Activities Services Administrative Expenses Expenses Salaries 217,300 $ 94,100 311,400 240,100 $ 551,500 $ 468,500 Payroll taxes 17,400 8,100 25,500 19,100 44,600 37,500
Employee benefits 7,800 1,400 9,200 8,600 17,800 15,200 Advertising & marketing 771,800 900 11,700 784,400 6,400 790,800 718,100 Bad debts
Bank & credit card processing fees 11,400
Depreciation 4,000
Dues & subscriptions 16,100 200 300 23,400
Equipment rentals 1,300 9,800
Insurance 11,400 33,500
Interest 1,400 1,000
Licenses & fess 800 1,000
Meetings & events 5,300
Miscellaneous
2,800
11133998 200 2,400 35,400 37,500
Printing & reproduction 4,800 146,400 149,400
Professional development
2,300 270,600
Rent 58,500
Repairs & maintenance 7,700 7,900
Special events 208,000
Telecommunication 2,600 8,600
3,.300 37,700
Travel 30,000 200
Utilities 1,100 3,500
Website expenses 80000 46,800 127,200 121,400
Total expenses $ 1,602,600 $ 204,700 $ 237,700 $ 2,045,000 424,000 $2,469,000 $2,172,600 The accompanying notes are an integral part of these financial statements.

Catalina Island Chamber of Commerce and Visitors Bureau, Inc.

Notes to Financial Statements
June 30, 2023 and 2022
Note A - Nature of Organization
The Catalina Island Chamber of Commerce and Visitors Bureau, Inc. (CICCVB), a non-profit 501(c)(6) entity incorporated under the laws of the State of California. CICCVB was organized for the purpose of advancing the general welfare and prosperity of the Santa Catalina Island Area so that its citizens and all areas of its business community shall prosper. All necessary means of promotion shall be provided and particular attention and emphasis shall be given to the economic, civic, commercial, cultural, industrial and educational interest of the area.

CICCVB is supported primarily by the Transient Occupancy Tax paid by over-night visitors to the island.

The mission of CICCVB is to attract visitors and to advocate for commerce on Catalina Island. The five core functions of CICCVB are to promote the community, build a strong local economy, represent the interests of business at various levels of government, provide networking opportunities, and engage in political action in the interests of business.

Note B - Summary of Significant Accounting Policies
Basis of Accounting
The financial statements of CICCVB have been prepared in accordance with accounting principles generally accepted in the United States of America (GAAP) on the accrual basis of accounting and, accordingly, reflect all significant receivables, payables and other liabilities.

Basis of Presentation
The financial statements are presented in accordance with the provisions of the Financial Accounting Standards Board (FASB) Accounting Standards Codification (ASC) 958 Not-for-Profit Entities. Under ASC 958, CICCVB is required to report information regarding financial position and activities according to two classes of net assets:

Net assets without donor restrictions are net assets not subject to donor-imposed restrictions of laws.

Net assets with donor restrictions are net assets subject to donor-imposed restrictions that can be fulfilled by actions of CICCVB pursuant to those restrictions or that expire by the passage of time. Contributions by donors whose restrictions are met in the same reporting periods are recorded as without restrictions. Net assets whose use is limited by donor-imposed restrictions are recorded as net assets with restrictions and are released from restrictions when donor stipulations have been met. previously reported have been made to the June 30, 2022 financial statements to maintain consistency with the June 30, 2023 presentation. The reclassification of $22,464 rent waiver income from revenue without donor restrictions to revenue with donor restrictions decreased net assets without donor restrictions by $22,464 and increased net assets with donor restrictions by $22,464.

Change in Accounting Principle
In fiscal year 2020, CICCVB adopted Accounting Standards Update (ASU) No. 2018-08 Not-for-Profit Entities:

Clarifying the Scope and Accounting Guidance for Contributions Received and Contributions Made (Topic 605) and ASU No. 2014-09 Revenue from Contracts with Customers (Topic 606). Analysis of various provisions of these updates resulted in no significant changes in the way CICCVB recognizes revenue, and therefore no changes to the previously issued audited financial statements were required on a retrospective basis.

Comparative Financial Information
The financial statements include certain prior year summarized comparative information in total, but not by net asset class. Such information does not include sufficient detail to constitute a presentation in conformity with accounting principles generally accepted in the United States of America. Accordingly, such information should be read in conjunction with CICCVB's financial statements for the year ended June 30, 2022, from which the summarized information was derived.

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Avalon City CouncilNovember 28, 2023

Avalon City Council
November 28, 2023