Agenda — Avalon City Council, January 16, 2024

AVALON CITY COUNCIL MEETING
TUESDAY, JANUARY 16, 2024— 5:00 PM
410 AVALON CANYON ROAD
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-35.104 ADA Title Il). All public records relating to an agenda item on this agenda are available for the publicinspection at the time the records are distributed to all, or a majority of all, members of the City Council. Suchrecords shall be available at City Hall located at 410 Avalon Canyon Rd.

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/meetinqs
*streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial Streaming on YouTube: https://www.youtube.com/CityofAvalonCA

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

ANNOUNCEMENTS I WRITTEN COMMUNICATIONS

DEPARTMENT HEAD REPORTS

CITY MANAGER REPORT I CITY ATTORNEY REPORTCOUNCILMEMBER REPORTS I MAYOR REPORT

ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on nonagenda items at this meeting. Speakers should limit comments to two (2) minutes each.

CONSENT CALENDAR

1. Minutes
Although the live recording is the official record of public meetings, actions are prepared for the Council’s approval.

Recommended Action
Approve minutes from the December 12, 2023 regular City Council Meeting and January 9, 2024 Special City Council Meeting.

2. Warrants
Expenditures Submitted for Approval
o Warrants in the amount of $2,090,453.59.o Warrant from the Successor Agency Account totaling $500.00.o Two payrolls totaling $505,738.04.o Four electronic fund transfers totaling $213,696.75.

Recommended Action
Approve total expenditures for December 4, 2023 through December 31, 2023 totaling $2,810,388.38.

CITY COUNCIL AGENDA
JANUARY 16, 2024
PAGE 2

3. Resolutions of the City Council of the City of Avalon Appointing a Director and Alternate Director to the California Intergovernmental Risk Authority (CIRA) Board of Directors and California Transit Systems Joint Powers Authority (CaITIP) The City is a member of the California Intergovernmental Risk Authority (CIRA), and is also a member of California Transit Systems (CaITIP). Each CIRA and CaITIP memberagency appoints a Director and Alternate Director to the Board of Directors. This allows each member agency input to direct and control the organization.

Recommended Action

1. Adopt resolution authorizing the City Manager to serve as the Director and Assistant City Manager to serve as the Alternate Director to the California Intergovernmental Risk Authority (C IRA) Board of Directors. 2. Adopt resolution authorizing the Assistant City Manager to serve as the Director and City Manager to serve as the Alternate Director to the California Transit Systems Joint Powers Authority (CaITIP) Board of Directors.

4. Appointment of Southern California Association of Governments Regional Conference and General Assembly Delegate
The Annual Southern California Association of Governments Regional Conference and General Assembly will be held in Palm Desert, CA from May 2-3, 2024. The City’s voting delegate will vote on agenda items pertaining to the General Assembly — Business Meeting.

Recommended Action
Adopt a resolution appointing Mayor Ann H. Marshall as the City of Avalon voting delegate and Councilmember Michael Ponce as the alternate delegate for the Annual Southern California Association of Governments Regional Conference and General Assembly in May 2024.

5. Adopt Ordinance Amending Title 2, Chapter 2-2, Section 2-2.307 City Manager Powers and Duties of the Avalon Municipal Code
This ordinance was introduced and all further readings were waived during the December 12, 2023 City Council Meeting. The revised ordinance amends Title 2, Chapter 2-2, Section 2-2.307 of the Avalon Municipal Code (AMC) to broaden the powers of the City Manager to include appointment, removal, promotion and demotion of the office of the City Clerk.

Recommended Action
Adopt an ordinance of the City of Avalon amending Title 2, Chapter 2-2, Section 2-2.307 City Manager Powers and Duties of the Avalon Municipal Code.

6. 2024 Waterside Permit Renewals
Waterside Permits expire annually on December 31st If the Harbor Master determinesthat, because of changed circumstances, a permit should not be renewed, or should be renewed on different terms and conditions, he shall forward his recommendation thereon to the City Council for action, together with a list of all permits that he recommends should be renewed for another term without change.

Recommended Action
Authorize the Harbor Master to renew the attached list of Waterside Permits for 2024.

CITY COUNCIL AGENDA
JANUARY 16, 2024
PAGE 3

7. Resolution Authorizing the City Manager to Execute and File State Documents for Approved State Projects and Activities
The California Department of Transportation (Caltrans) requires every agency thatapplies for and/or received funding for approved transportation activities have anexecuted Master Agreement. The Master Agreement establishes rules and regulationsas well as responsibilities of both local agencies and the State of California regarding the utilization of transportation funds. Authority to execute the agreement must be establishedby resolution.

Recommended Action
Adopt a resolution authorizing the City Manager to execute and file state documents for approved transportation projects and activities.

PUBLIC HEARING

8. Appeal of Planning Commission Action No. 23-26 of PC#2854 Denying a Site Plan and a Variance at 335 Wrigley Terrace Road
On December 6, 2023, the Planning Commission held a duly noticed public hearing to consider PC#2854, a request for a Site Plan Review and a Variance to allow a 6-foot tall masonry wall within the front yard setback and new gated carport pergolas for two autoette parking pads for a single-family residential property at 335 Wrigley Terrance Road.

Recommended Action

1. Open the Public Hearing. 2. Receive Public Comment. 3. Close the Public Hearing. 4.

Consider the appeal and determine to either a) Affirm the action of the PlanningCommission; b) Require a transcript or recording of the testimony, and all other evidence upon which the Planning Commission made its decision, and after receiving such evidence take such action as, in its opinion, is indicated by such evidence alone; c) Refer the matter back to the Planning Commission, with or without instructions for further proceedings; or d) Set the matter for hearing before itself, considered de novo. (Avalon Municipal Code (AMC) Section 9-8.601)
GENERAL BUSINESS9. Ratification of Prior Action — State of Emergency Proclamation for January 2024 Storm Surge DamageOn January 10, 2024 significant storm surge, exacerbated by king tide conditions and high winds, caused damage to the roadway and shoreline public access along PebblyBeach Road near Lover’s Cove. On January 11, 2024, the City Manager, exercising his authority as the Director of Emergency Services of the City of Avalon, made a declarationof a local state of emergency due infrastructure failures resulting from significant stormsurge.

Recommended Action
Adopt a resolution ratifying prior action of the City Manager and making the appropriate findings in proclaiming the existence of a local emergency caused by significant storm surge on January 10, 2024.

CITY COUNCIL AGENDA
JANUARY 16, 2024
PAGE 4

10. Waterside Project Application — Huttopia
The applicant has submitted a Waterside Project Application for the use of a 23 foot vessel to transport guests between Avalon Harbor and Whites Landing between April and November. Huttopia has replaced Mountain & Sea Adventures as lessee &operator of White’s Landing. Mountain & Sea Adventures has relinquished their Waterside Permit which included two larger vessels.

Recommended ActionMake the affirmative finding that conditions set forth in the Avalon Municipal Code have been met and grant a Waterside Project Application to Huttopia, with the following conditions: 1. All operations to load and unload passengers will take place on the Pleasure Pier floats or Cabrillo Mole floats on a space available basis, except on cruise ship days when all loading and unloading will be from the floats on the Pleasure Pier. 2. Applicant abides by the Standard List of Conditions for Waterside Permit Holders.

11. Waterside Project Application — Avalon Aquatic Excursions The applicant has submitted a Waterside Project Application to offer sightseeing, whale and dolphin watching trips, and Snorkeling tours. The applicant proposes to operate 7 days a week. Float space is generally available on non-cruise ship days; however, oncruise ship days the applicant will operate from Catalina Jet Ski Corp End Float.

Recommended ActionMake the affirmative finding that conditions set forth in the Avalon Municipal Code have been met and grant the Waterside Project Application to Avalon Anglers, with the following conditions: 1. All operations to load and unload charter passengers will take place on Pleasure Pier floats except on cruise ship days when all loading and unloading will be from Jet Ski Corp end float located at the end of the Pleasure Pier. 2. Applicant abides by the Standard List of Conditions for Waterside Permit Holders.

12. Council Chambers Audio Visual System Upgrade
In 2015, the City Council approved phases 2 & 3 of the Council Chambers AN upgrade.

This included the installation of a new camera system, and monitoring/control equipment.

No major updates or improvements have been performed to the A/V system since the installation of the new equipment in 2016.

Recommended Action
Per the City’s procurement policy, authorize the City Manager, or designee, to execute an agreement with Key Code Media, Inc. to upgrade the audio visual (AN) system within the City Hall Council Chambers for a not to exceed sum of $125,000. This item is budgeted in the Information Systems budget account (10135-6611).

13. Float 4 and 4A Repair and Refurbishment
In December 2022, the City Council made the determination that a competitive market does not exist for the maintenance of the City-owned harbor floats. The City Council authorized the City Manager to dispense with competitive purchasing process and designated Catalina Boatyard Inc. and Diversified Composites Inc. as vendors meeting the Economic Efficiency standard as outlined in the Avalon Municipal Code section 3-4.111 (c).

CITY COUNCIL AGENDA
JANUARY 16, 2024
PAGE 5
Recommended Action
Authorize the City Manager to enter into an agreement with Catalina Boatyard Inc. for repair and refurbishment of Cabrillo Mole Floats 4, 4A for a total contract price of $97,312.

14. Harbor Patrol Boat Volvo D3 Enqine Replacement
Patrol Boat 1 and 4 are part of a fleet of 7 boats necessary to carry out the day-to-day operations of the City. Each Patrol Boat is equipped with a Volvo D3 engine with an hourly range from 2200 (1) to 6000 (4) operating hours. Useful life is generally 8000 hours. It is anticipated that Patrol Boat 4 will need engine replacement during the summer of 2024 and Patrol Boat 1 will need engine replacement in 2025.

Recommended Action
Authorize the City Manager to approve an expenditure for purchase of two new Volvo D3-200A Engine package systems for Patrol Boat 1 and 4.

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of section (d) ofSection 54956.9: One case A copy of the correspondence threatening litigation is available for review at City Hall upon request pursuant to Section 54957.5.

2. REAL PROPERTY NEGOTIATION
Properties: APN #7480018909 and 7480051004
Agency Negotiator: City Manager
Negotiating Parties: Catalina Island CompanyUnder Negotiation: Price and Terms

ADJOURN

NOTICE OF POSTING
I, Devin Elise Hart, declare that the City Council Agenda for Tuesday, January 16, 2024 was posted on Friday, January 12, 2024 on the City’s website www.cityofavalon.com/aqendacenter, and at City Hall, 410 Avalon Canyon Road.

Devin Elise Hart, Management Analyst

CITY OF AVALON CITY COUNCIL
MEETING DATE: January 16, 2024 AGENDA ITEM:

ORIGINATING DEP: City Clerk CITY MANAGER:__________
PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the December 12, 2023 regular City Council Meeting and the January 9, 2024 special 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 onthe posted agenda pursuant to the Brown Act.

ATTACHMENTS:
• December 12, 2023 regular City Council Meeting Minutes• January 9, 2024 special City Council Meeting Minutes

AVALON CITY COUNCIL MEETING WHICH WILL ALSO INCLUDED

A MEETING OF THE CITY COUNCIL ACTING AS

THE SUCCESSOR AGENCY TO THE ACIA AND THE HOUSING AUTHORITY, AND

THE HOUSING AUTHORITY
TUESDAY, DECEMBER 12, 2023
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.

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 ask(cityofava Ion .com.

CALL TO ORDER- 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 Management Analyst Devin Hart.

ROLL CALL-5:OO P.M.

WRITTEN COMMUNICATIONS-None.

PRESENTATIONS - Southern California Edison Compliance Advisor, Traci Degnan, provided the state mandated Annual Propane Gas Safety Public Awareness presentation.

CONSENT CALENDAR-There were 5 Items on the Consent Calendar. Motion to approve Items #1-#5 made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes)

1. Minutes
Approved minutes from the November 28, 2023 regular City Council Meeting.

CITY COUNCILIHOUSING AUTHORITYISUCCESSOR AGENCY MINUTES DECEMBER 12, 2023
PAGE 2

2. Warrants
Approved warrants in the amount of $719,170.84, warrant from the CIMC Improvement Fund totaling $119,712.96, one payroll totaling $233,097.90, three electronic fund transfers totaling $89,859.50 for a total of $1,161,841.20 for November 20, 2023 through December 1, 2023.

3. Development Impact Fees Annual Report for the Fiscal Year Ended June 30, 2023 Received and filed the Fiscal Year 2022-23 Development Impact Fees Annual Report. ** The following item on the Consent Calendar was the City Council acting as the Housing Authority

4. Housing Successor Agency Annual Report for Fiscal Year 2022-23 Adopted Housing Authority Resolution No. HA 23-02 of the Housing Authority of the City of Avalon Approving a Housing Successor Agency Annual Report For Fiscal Year 2022-

23. ** The following item on the Consent Calendar was the City Council acting as the Successor Agency to the Avalon Community Improvement Agency **

5. Recognized Obligation Payment Schedule (ROPS) 24-25 and Successor Agency Administrative Budget for Fiscal Year 2024-25
Adopted Resolution No. SA 23-47 of the Successor Agency to the Avalon Community Improvement Agency Approving a Recognized Obligation Payment Schedule 24-25 and Successor Agency Administrative Budget For Fiscal Year 2024-25.

GENERAL BUSINESS

6. Cruise Ship Annual Report for the year ending December 31, 2023 Received and filed the Cruise Ship Annual Report for the calendar year ending December 31, 2023.

7. Authorization to Procure Various Process Analyzers for WWTP. (1) Made the affirmative finding that the Hach Company has satisfied the sole source requirement as specified in the Avalon Municipal Code Section 3-4.111(b).(2) Authorized PERC Water to procure various process analyzing equipment from HachCompany for the Wastewater Treatment Plant (VWVTP). (3) Allocated funds from Sewer Fund 108-25-6552 for the procurement in the amount of not-to-exceed $89,900.Motion to approve made by Michael Ponce, seconded by Mary Schickling. (All Ayes)

CITY COUNCILIHOUSING AUTHORITYISUCCESSOR AGENCY MINUTES DECEMBER 12, 2023PAGE 3

8. First Reading of an Ordinance Amending Title 2, Chapter 2-2, Section 2-2.307 City Manager Powers and Duties of the Avalon Municipal Code
Introduced and waived the all further readings of an ordinance of the City of Avalon amending Title 2, Chapter 2-2, Section 2-2.307 City Manager Powers and Duties of the Avalon Municipal Code.

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

9. Award Above Ground Fuel Tank Installation and Site Remediation Contract Adopted Resolution No. 23-48 of the City Council of the City of Avalon Awarding a Contract to Jordahl Construction Inc. for Tank Removal, Installation and Site Remediation for the Underground Fuel Tank Replacement Project.Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)

10. Solicitation of Request for Qualified Bidders for Phase II of the Cabrillo Mole Ferry Terminal Rehabilitation Projç
Authorized the City Manager, or his designee, to solicit a request for qualifications to determined appropriate bidders for a design-build contractor for Phase II of the Cabrillo Mole Ferry Terminal Rehabilitation Project.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.

I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the Regular City Council Meeting on December 12, 2023, is the official record of the CouncilMeeting and is on file and maintained in City Hall.

Gabrielle Morones, Deputy City Clerk

SPECIAL AVALON CITY COUNCIL MEETING
TUESDAY, JANUARY 9, 2024

MINUTES
CALL TO ORDER: 5:00 p.m.

ROLL CALL - Present via Teleconference and In-Person: Mayor Anni Marshall, Councilmembers Lisa Lavelle, Michael Ponce, Mary Schickling and Yesenia De La Rosa. Also present: City Manager David Maistros and Management Analyst Devin Hart. Absent: City Attorney Scott Campbell
WRITTEN COMMUNICATIONS-City staff received two written correspondences regarding the Presentation. Copies were distributed to City Council and are on file in the City Clerk’s office.

PRESENTATION

1. A presentation was provided by Catalina Island Health regarding an assessment of the state of the medical center.

Mayor Marshall adjourned the meeting at 6:40 p.m.

I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the Special City Council Meeting on January 9, 2024, is the official record of the Council Meeting and is on file and maintained in City Hall.

Gabrielle Morones, Deputy City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: January 16, 2024 AGENDA ITEM: 2
ORIGINATING DEP: Finance CITY MANAGER: _______ PREPARED BY: Matthew Baker, Finance Director SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve total expenditures for December 4, 2023 throughDecember 31, 2023 totaling $2,810,388.38.

REPORT SUMMARY: These disbursements through December 3jst are comprised of warrants from the US Bank General Account totaling $2,090,453.59, warrant from the US Bank Successor Agency Account totaling $500.00, two payrolls totaling $505,738.04, and other electronic fund transfers totaling $21 3,696.75.

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 37132- 37197 $ 644,355.66 12/08/23 GF US BANK WARRANTS CK# 37198- 37275 1,340,578.30 12/22/23GF US BANK WARRANTS CK# 37276 105,519.63 12/21/23SA US BANK WARRANTS CK# 346 500.00 12/08/23 PAYROLL 258,083.07 12/15/23
PAYROLL 247,654.97 12/29/23EFT -CALPERS MEDICAL 82,357.31 12/04/23EFT -CALPERS RETIREMENT 42,033.83 12/04/23 EFT -CALPERS RETIREMENT 42,017.21 12/05/23EFT -CALPERS RETIREMENT 42,456.70 12/28/23EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 4,831.70 12/31/23 TOTAL DISBURSEMENTS $ 2,810,388.38
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 Lists, US Bank Credit Card Details

CITY OF AVALON
December 4, 2023 - December 31, 2023 DISBURSEMENTS
January 16, 2024

ITEM DESCRIPTION AMOUNT DATE
OF US BANK WARRANTS CKR 37132 - 37197 $ 644,355.66 12/08/23GF US BANK WARRANTS CKI* 37198 37275 1,340,578.30 12/22/23 OF US BANK WARRANTS CK# 37276 105,519.63 12/21/23SA US BANK WARRANTS CKB 346 500.00 12/08/23 PAYROLL 258,083.07 12/15/23
PAYROLL 247,654.97 12/29/23
EFT - CALPERS MEDICAL 82,357.31 12/04/23EFT - CALPERS RETIREMENT 42,033.83 12/04/23EFT - CALPERS RETIREMENT 42,017.21 12/05/23EFT -CALPERS RETIREMENT 42,456.70 12/28/23 EFT -HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 4,831.70 12/31/23 TOTAL DISBURSEMENTS $ 2,810,388.38

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

THAT THE ABOVE DEMANDS ARE ACCURATE

AND THAT FUNDS ARE AVAILABLE FOR
PAYMENT.

APPROVED AND AUDITED THIS
16TH DAY OF january 2024 I CERTIFY UNDER PENALTY OF PERJURY

THAT THE FOREGOING IS TRUE AND
CORRECT.

AUDIT COMMITTEE - LISA LAVELLE EXECUTED THIS 16TH DAY OF January 2024AUDIT COMMITTEE - MARY SCHICKLING FINANCE DIRECTOR - MATTHEW BAKER

CITY OF AVALON

WARRANT DISBURSEMENTS
January 16, 2024

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
346 12/8/2023 $ 500.00 WILLDAN FINANCIAL SERVIC ROPS 23-24 ITEM 16 $500.00

CITY OF AVALON

WARRANT DISBURSEMENTS
December 8, 2023
$ 2,275.48 AAA OIL, INC$ 1,153.10 AFLAC
411.30 ALEGRIA, VALENTE

AMOUNT NAME DESCRIPTION
$
$ 5,933.26 AMAZON CAPITAL SERVICES, INC.
$ 284.58 ARIENS SPECIALTY BRANDS LLC$ 789.27 AVALON FREIGHT SERVICES, LLC $ 25,997.46 BEST, BEST & KRIEGER, LLP
$ 1,781.00 BEYOND SOFTWARE SOLUTIONS
$ 149.34 BOYD, RAY
$ 47.00 CARSTARPHEN, ORNE
$ 2,383.84 CARUSO FORD$ 2,670.98 CATALINA BEVERAGE COMPANY $ 2,003.37 CATALINA BEVERAGE COMPANY$ 6,039.70 CATALINA BROADBAND SOLUTIONS $ 60.00 CATALINA CHAMBER OF COMMERCE$ 10,012.00 CATALINA ISLAND COMPANY $ 428.35 CATALINA ISLAND MEDICAL CENTER$ 582.00 CATALINA ISLANDER $ 7,648.40 CHARLES E. THOMAS COMPANY, INC.
$ 150,668.27 CO. OF LOS ANGELES SHERIFF’S DEPT.
$ 19,268.63 CO. OF LOS ANGELES SHERIFF’S DEPT.
$ 22,875.50 COLLINS COLLINS MUIR & STEWARD, LLP
$ 525.04 COOK, AMANDA
$ 241,782.50 COUNTY OF LOS ANGELES FIRE DEPT$ 617.88 CREATIVE SIGN, INC. $ 4,133.63 DANGELO CO
S 1,84500 OAWES, BRIANS 6,751.10 DELTA DENTAL
$ 755.37 DION & SONS MARINE FUELS INC
$ 13,944.61 EDISON
$ 1,064.14 FIDELITY SECURITY LIFE INSURANCE$ 1,325.00 FLICKINGER, WILLIAM $ 300.63 GARCIA, BETTY JO
$ 1,17700 GEOGRAPHIC DATA & MANAGEMENT
$ 752.07 GRAINGER
5 795.00 HDL COREN & CONE
CHECK
NUMBER
371323713337134
37135
3713637137
3713837139
37140
371413714237143
3714337144
37145
371463714737148
37149
37150
371503715137152
3715337154
3715537156
37157
37158
37159
37160
37161
37162
371633716437165
3716637167
371683716937170
3717137172
37173
37174
37175
3717637177
37178
37179
371803718137182
37183
371843718537186
37187
37188
DATE
ISSUED
12/08/202312/08/2023
12/08/202312/08/2023
12/08/2023
12/08/202312/08/2023
12/08/202312/08/2023
12/08/202312/08/2023
12/08/202312/08/2023
12/08/202312/08/2023
12/08/202312/08/2023
12/08/202312/08/2023
12/08/2023
12/08/202312/08/2023
12/08/2023
12/08/2023
12/08/202312/08/2023
12/08/202312/08/2023
12/08/202312/08/202312/08/2023
12/08/202312/08/2023
12/08/202312/08/202312/08/2023
12/08/202312/08/2023
12/08/2023
12/08/202312/08/202312/08/2023
12/08/2023
12/08/2023
12/08/2023
12/08/2023
12/08/2023
12/08/202312/08/2023
12/08/2023
12/08/2023
12/08/2023
12/08/2023
12/08/2023
12/08/2023
12/08/202312/08/202 112/08/2023
12/08/2023
FUEL - ALL DEPARTMENTSINSURANCE - 11/2023RETIREE INSURANCE: 07/2023 - 12/2023

SUPPLIES - ALL DEPARTMENTS

UNIFORMS - PUBLIC WORKS

SUPPLIES - ALL DEPARTMENTS
LEGAL FEES - 11/2023

SERVICE - IT
REIM8URSMENT - TRAVEL AND TRANINGREIMBURSMENT - TRAVEL

SUPPLIES ALL DEPARTMENTSSUPPLIES - ALL DEPARTMENTS

SUPPLIES - HOLIDAY FOOD BOXES

INTERNET -ALL DEPARTMENTS
DUES - ADMINISTRATIONRENT 12/2023

EE SCREENING-GARAGE

ADVERTISING - ALL DEPARTMENTS

SERVICE - HARBOR
RESIDENT DEPUTY - 10/2023
WATERFRONT PATROL - 09/2023LITIGATION COSTS
RETIREE INSURANCE: 11/2023, 12/2023QUARTERLY PAYMENTS - PARAMEDICS

SUPPLIES - VEHICLES

SUPPLIES - PUBLIC WORKS
RETIREE INSURANCE: 07/2023 - 12/2023
DENTAL - 12/2023FUEL- HARBOR

UTILITIES - ALL DEPARTMENTS
VISION 12/2023
RETIREE INSURANCE: 11/2023, 12/2023RETIREE INSURANCE - 11/2023 SERVICE: PLANNING DEPARTMENT & PUBLIC WORKSSUPPLIES - PUBLIC WORKS

SERVICE - FINANCE
RETIREE INSURANCE: 07/2023 - 12/2023
RETIREE INSURANCE: 07/2023 - 12/2023

UNIFORMS - HARBOR
RETIREE INSURANCE: 11/2023, 12/2023RETIREE INSURANCE: 07/2023 - 12/2023

SUPPLIES - PUBLIC WORKS

TIRE DISPOSAL
RETIREE INSURANCE: 07/2023 - 12/2023REIMB 0/P COSTS
RETIREE INSURANCE: 07/2023 - 12/2023
RETIREE INSURANCE: 07/2023 - 12/2023

SUPPLIES -CEMETERY

SUPPLIES - PUBLIC WORKS
LIFE INSURANCE - 12/2023

SUPPLIES - GARAGESERVICE - HARBOR
RETIREE INSURANCE: 11/2023, 12/2023

SUPPLIES - WASTE WATER TREATMENT PLANT

POSTAGE - REFILL

SUPPLIES - ALL DEPARTMENTS
RETIREE INSURANCE: 11/2023, 12/2023

COPIER LEASE - PLANNING DEPARTMENT
RETIREE INSURANCE: 07/2023 - 12/2023
$ 1,575.12
$ 411.30
$ 966.90
$ 1,413.32
$ 1,575.12
$ 1,852.28
$ 99.75
$ 2,693,04
$ 469.69
$ 5,010.54$ 1,575.12
$ 411.88$ 884,58
$ 1,205.89
$ 1,105.21
$ 290.00
$ 438.20
$ 3,542.00
$ 500.00
$ 1,261.61
$ 438.20
$ 1,206.47
$ 411.30

HERNANDEZ, OLGA

HERNANDEZ, RICHARD

HIGH TIDE TRADERSHOEFS, STEVEN

HOHOWSKI, JANET MAYHOME DEPOT CREDIT SERVICES

JORDAHL CONSTRUCTION

KRUG, MICHAEL

LAVELLE, LISA

LOPEZ, LEONARDLOPEZ, PASTORMATTHEWS INTERNATIONAL CORPORATION

MCMASTER-CARR

MYERS, STEVENS & TOOHEY

NAPA AUTO PARTSNETMOORING
POINDEXTER, JAMESPOLYDYNE, INC.QUADIENT

QUILL CORPRADDE, DENISE
RICOH USA, INC.ROMO, JOHN

Page 1 of 2 ends

CITY OF AVAI.ON

WARRANT DISBURSEMENTS
December 8, 2023

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
37189 12/08/2023 $ 3,909.81 SUPERION, LLC SOFTWARE LEASE - FINANCE 37190 12/08/2023 $ 23,258.00 SWRCB PERMIT FEES - WASTE WATER TREAMENT PLANT 37191 12/08/2023 $ 545.03 ULINE, INC. SUPPLIES - PUBLIC WORKS37192 12/08/2023 $ 87.00 UNDERGROUND SERVICE ALERT/SC SERVICE - PUBLIC WORKS 37193 12/08/2023 $ 2,512.67 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL37194 12/08/2023 $ 949.33 US JETTING SUPPLIES-GARAGE37195 12/08/2023 $ 1,087.04 WAYNE ELECTRIC SUPPLIES - WASTE WATER TREATMENT PLANT 37196 12/08/2023 $ 42,000.00 WEST COAST ARBORISTS, INC SUPPLIES - HARBOR37197 12/08/2023 $1,437.46 WEST MARINE PRO SUPPLIES - HARBOR $644,35566

Page 2 of 2 ends

CITY OF AVALON

WARRANT DISBURSEMENTS
December 22, 2023
CHECK
NUMBER
37198
37199372003720137202
3720337203372043720537206
3720737208
37209372103721137211
3721237212372133721437214
37215
37216372173721837219
3722037220372213722237223
3722437225372263722737228
3722937230372313723237233
37234
37235
37236
37237372383723937240
37241
37242
37243
37244
3724537246
37247372483724937250
37251
DATE
ISSUED
12/22/2023
12/22/2023
12/20/2023
12/22/202312/22/202312/22/202312/22/202312/22/2023
12/22/202312/22/202312/22/2023
12/22/202312/22/2023
12/22/202312/22/202312/22/202312/22/2023
12/22/202312/22/202312/22/2023
12/22/202312/22/202312/22/202312/22/2023
12/22/202312/22/202312/22/2023
12/22/202312/22/202312/22/202312/22/202312/22/2023
12/22/202312/22/2023
12/22/202312/22/202312/22/2023
12/22/202312/22/202312/22/202312/22/202312/22/2023
12/22/202312/22/202312/22/2023
12/22/202312/22/202312/22/2023
12/22/202312/22/202312/22/2023
12/22/2023
12/22/202312/22/2023
12/22/2023
12/22/202312/22/202312/22/202312/22/2023

88.20 AIR SOURCE INDUSTRIES
AMAZON CAPITAL SERVICES, INC.AMAZON CAPITAL SERVICES, INC.

AT & T

CR&R INCORPORATEDCR&R INCORPORATED
AVALON FIRE FIGHTERS LOCAL 2295AVALON FREIGHT SERVICES, LLC

AVALON MOORING & DIVING
3,245.50 BEYOND SOFTWARE SOLUTIONS
934.94 BOUND TREE MEDICAL

CAPITAL ONE TRADE CREDITCATALINA BEVERAGE COCATALINA BROADBAND SOLUTIONSCATALINA BROADBAND SOLUTIONS

CATALINA CHAMBER OF COMMERCECATALINA CHAMBER OF COMMERCECATALINA COASTAL TOURS & FISHING

LONG, DAVIDLONG, DAVID

CATALINA ISLAND MEDICAL CENTER

CATALINA ISLANDERCHARLIES CATALINA CANTINA

CIVICPLUS, LLC

CLINE, KEN
2,300.00 CATALINA CHANNEL EXPRESS INC
999.23 COMPRESSED AIR SPECIALTIES, INC
3,333.41 CONNOLLY PACIFIC CO.
2,581.56 DANGELO CO
239.65 DAPEER, ROSENBLIT & LITVAK,LLP818.00 DEWEY PEST CONTROL 558.48 DION & SONS MARINE FUELS INC606.50 EMS SAFETY SERVICES, INC 6,804.82 ESG ENGINEERING

ESG ENGINEERINGESG ENGINEERING

ESG ENGINEERINGESG ENGINEERINGESG ENGINEERINGESG ENGINEERINGESG ENGINEERING

ESG ENGINEERINGESG ENGINEERINGGALLS, LLCGARCIA, MARICELA GEOGRAPHIC DATA & MANAGEMENTGEO-LOGIC ASSOCIATES, LLC.GRAINGER

IDR ENVIRONMENTAL SERVICESISLAND THREADZ

JORDAHL CONSTRUCTION
LAVELLE, LISALINDE GAS & EQUIPMENT INC.MASA
ISLAND EXPRESS HELICOPTERS INC.

MCMASTER-CARR

SERVICE - PUBLIC WORKSSERVICE PUBLIC WORKS

SERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKS

UNIFORMS - FIRE

REFUND - DEPOSIT

SERVICE - PUBLIC WORKS
REIMBURSMENT 0/P COSTS

SUPPLIES - HARBOR
DUES: 01/2024

FREIGHT SEWER/FOG

SUPPLIES - PUBLIC WORKS
AMOUNT
3,250.67 AAA OIL, INC

NAME DESCRIPTION
11,099.44
819.90
5,711.70
174,687.06
2,495.17
2,545,95
4,711.07
3,816.96
941.43
117.63

49.95 128,333.33

60.00 24,083.33
6,300.005,400.00
93,549.74
711.00
5,973.50
1,994.00
4,165.92

FUEL - ALL DEPARTMENTS

SUPPLIES - ALL DEPARTMENTS

VOID - MULTI STUB CHECK

SUPPLIES - ALL DEPARTMENTS
COMMUNICATIONS - ALL DEPARTMENTSSWEEPER - 11/2023CONTRACT SVCS - 11/2023 DUES FIRE: 09/22/2023 - 12/15/2023FREIGHT - ALL DEPARTMENTS

SERVICE - HARBOR

CONTRACT SERVICES IT

SUPPLIES - FIRESUPPLIES- PUBLIC WORKSSUPPLIES - ALL DEPARTMENTSSERVICE - FIRESERVICE - PUBLIC WORKS TRANSIENT OCCUPANCY TAX - 01/2024

DUES - ADMINISTRATION
CONTRACT SERVICES. 01/2024CONTRACT SERVICES: FALCONARY 10/23CONTRACT SERVICES: FALCONARY 11/23SALES TAX PASS THRUADVERTISING - ALL DEPARTMENTS HOLIDAY PARTY 2023

SERVICE - ADMINISTRATION
RETIREE INSURANCE: 07/2023 - 12/2023
WATERFRONT PATROL - 10/2023
RESIDENT DEPUTY - 11/2023

SERVICE -ADVERTISINGSUPPLIES - FIRESERVICE - PUBLIC WORKSSUPPLIES - PUBLIC WORKSSERVICE - VEHICLES

SERVICE - ALL DEPARTMENTSFUEL - HARBOR

TRAINING - FIRE

SERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKS

SERVICE - PUBLIC WORKS
10,487.33 CO. OF LOS ANGELES SHERIFF’S DEPT.
150,668.27 CO. OF LOS ANGELES SHERIFF’S DEPT.
$
$
$
$
$
$
$
$$$
$
$
$
$$
$
$
$$
$
$
$
$
$$
$
$
$
$
$
$$
$
$
$
$
$$
$
$$$
$
$
$
$
$
$
$
$
$
$
$
$$$$
$
$
1,240.00
180.00
22,132.50
16,078.3118,154.38
480.00
17,481.2911,335.25
160.00

28.42 200.00
2,711.50
49,855.81
206.88
27,955.52
198.00
156,338.71
337.50396.23983.50

20.00 82.77

SERVICE - ALL DEPARTMENTS

PEBBLY BEACH LANDFILL EXPANSION -CIP

SUPPLIES- PUBLIC WORKS

HHW DISPOSALUNIFORMS- PUBLIC WORKS

Page 1 of 2 ends

CITY OF AVALON

WARRANT DISBURSEMENTS
December 22, 2023

CHECK DATE

NUMBER ISSUED

NAPA AUTO PARTS
OPENGOV, INC.

PEDROZA, DANIELPERC WATER
POLYDYNE, INC.PONCE, MICHAEL

QUILL CORP
RICOH AMERICAS CORPRICOH USA, INC.

SIRIA’S CLEANING SERVICESIRIA’S CLEANING SERVICE

STANDARD INSURANCE COMPANY
PARKING CONCEPTS, INC.

ULINE, INC.UNDERGROUND SERVICE ALERT/SC

CORPORATE PAYMENT SYSTEMSVEGA, EDMUNDOVERIZON WIRELESSVOELKEL, PATRICIAWALTERS WHOLESALE ELECTRIC CO

WEST MARINE PROWESTRIDGE ENVIRONMENTAL GROUPWHITAKER BROTHERS BUSINESS MACHINES

SERVICE- IT

SUPPLIES - GARAGE

SERVICE - FINANCE

PAYROLL - REISSUED CHECK
CONTRACT SERVICES - 11/2023SUPPLIES - WASTE WATER TREATMENT PLANT

PAYROLL - REISSUED CHECK

SUPPLIES - ALL DEPARTMENTSCOPIER LEASE - PLANNINGCOPIER LEASE - PLANNING 1ST HALF 12/2023
2ND HALF 12/2023
LIFE INSURANCE - 12/2023
CONTRACT SERVICES - 11/2023

SUPPLIES - PUBLIC WORKSSERVICE - PUBLIC WORKSSEE ATTACHED DETAIL CONTRACT SERVICES - 12/2023COMMUNICATIONS - ALL DEPARTMENTS

REFUND - CEMETERY

SUPPLIES - PUBLIC WORKSSUPPLIES - HARBOR

SUPPLIES - WASTE WATER TREATMENT PLANTSUPPLIES - ADMINISTRATION

SERVICE - FINANCE
$1,340,578.30

AMOUNT - NAME
344.10 MM INTERNET, INC.

DESCRIPTION
37252
37253372543725537256
3725737258372593726037261
37262
3726237263372643726537266
3726737268372693727037271
372723727337274
37275
12/22/2023
12/22/2023
12/22/2023
12/22/202312/22/202312/22/202312/22/202312/22/2023
12/22/202312/22/202312/22/202312/22/2023
12/22/202312/22/2023
12/22/202312/22/202312/22/2023
12/22/202312/22/202312/22/202312/22/202312/22/2023
12/22/202312/22/202312/22/2023
$
$
$
$
$
$
$$
$
$
$
$
$
$
$
$
$
$
$$
$$$$
2,168.22
25,735.73
10425
178,363.41
10,802.00
126.62
588.49
1,817,82
407.88
9,357.919,357.91
1,205.89
69,853.95
156.85

41.50 9,288.63
15,208.33
2,222.33
1,065.001,362.141,239.29
5,771,85
1,737.99
$ 1,210.00 WITTMAN ENTERPRISES, LLC

Page 2 of 2 ends

CITY OF AVALON

WARRANT DISBURSEMENTS
December 21, 2023

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
37276 12/21/2023 $ 56,442.63 JORDAHL CONSTUCTION PAY ESTIMATE 137276 12/21/2023 $ 49,077.00 JORDAHL CONSTUCTION PAY ESTIMATE I $105,519.63 Offline

CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID DECEMBER 8, 2023
January 16, 2023

LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT HART 10/17/2023 $ 265.94 CROWN AWARDS SUPPLIES - FLAG FOOTBALL RECREATION HART 10/19/2023 $ 7.63 CHETS HARDWARE SUPPLIES - SMALL TOOLS RECREATIONHART 10/23/2023 $ 21.99 CHETS HARDWARE SUPPLIES - FALL CARNIVAL RECREATION HART 10/23/2023 $ 84.00 CATALINA EXPRESS TRANSPORTATION - FALL CARNIVAL RECREATION HART 10/23/2023 $ 89.36 THREE PALMS BAR & GRILL MEAL - STAFF FALL CARNIVAL SET UP RECREATION HART 10/23/2023 $ 240.00 LBUSO - RENTAL SERVICE - GYM RENTAL - VOLLEYBALL RECREATIONHART 10/26/2023 $ 12.00 ATMOSFX SUPPLIES - HALLOWEEN RECREATION HART 10/27/2023 $ 342.25 CROWN AWARDS SUPPLIES - VOLLEYBALL RECREATIONHART 10/30/2023 $ 240.00 LBUSD -RENTAL SERVICE -GYM RENTAL - VOLLEYBALL RECREATION HART 11/2/2023 $ 45.32 VONS SUPPLIES - HALLOWEEN RECREATION HART 11/2/2023 $ 17.58 VONS SUPPLIES - HALLOWEEN RECREATION HART 11/2/2023 $ 34.08 VONS SUPPLIES - HALLOWEEN RECREATIONHART 11/2/2023 $ 15.39 VONS SUPPLIES - HALLOWEEN RECREATION HART 11/3/2023 $ 6.01 CHETS HARDWARE SUPPLIES -TREMONT HALL RECREATION GILBERT 10/19/2023 $ 18.29 CHETS HARDWARE FACILITIES MAINTENANCE PLANNING & BUILDING GILBERT 11/3/2023 $ 90.73 CHETS HARDWARE FACILITIES MAINTENANCE PLANNING & BUILDINGGILBERT 11/6/2023 $ 43.19 CHETS HARDWARE FACILITIES MAINTENANCE PLANNING & BUILDING GILBERT 11/9/2023 $ 30.78 CHETS HARDWARE FACILITIES MAINTENANCE PLANNING & BUILDING HERNANDEZ 10/20/2023 $ 136.38 CHETS HARDWARE FLOAT MAINTENANCE HARBOR MAINTENANCE HERNANDEZ 10/24/2023 $ 44.91 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - SMALL TOOLS HARBOR MAINTENANCE HERNANDEZ 10/25/2023 $ 19.02 CHETS HARDWARE SUPPLIES - SMALL TOOLS HARBOR MAINTENANCE HERNANDEZ 11/3/2023 $ 65.96 CHETSHARDWARE SUPPLIES-SMALLTOOLS HARBORMAINTENANCEHERNANDEZ 11/3/2023 $ 178.10 PEBBLY BEACH BUILDING SUPPLY FLOAT MAINTENANCE HARBOR MAINTENANCE HERNANDEZ 11/10/2023 $ 59.B8 CHETS HARDWARE FLOAT MAINTENANCE HARBOR MAINTENANCE HMIELAK 10/23/2023 $ 7.14 CHETS HARDWARE SUPPLIES -VEHICLE MAINTENANCE PUBLIC WORKS HMIELAK 11/7/2023 $ 19.33 PEBBLY BEACH BUILDING SUPPLY SUPPLIES -VEHICLE MAINTENANCE PUBLIC WORKSRUBIO 10/23/2023 $ 7.14 CHETS HARDWARE SUPPLIES - HARBOR MAINTENANCE GARAGE RUBTO 10/25/2023 $ 10.99 CHETS HARDWARE SUPPLIES -VEHICLE MAINTENANCE GARAGERUBIO 10/26/2023 $ 39.69 CHETS HARDWARE SUPPLIES - HARBOR MAINTENANCE GARAGE RUBIO 11/10/2023 $ 76.27 CHETS HARDWARE SUPPLIES - PUBLIC WORKS GARAGE RUBIO 11/13/2023 $ 98.35 CHETS HARDWARE SUPPLIES -VEHICLE MAINTENANCE GARAGE RUBIO 11/15/2023 $ 144.97 CHETS HARDWARE SUPPLIES - HARBOR MAINTENANCE GARAGE $ 2,512.67 CHECK NUMBER 37193

Page 1 of 1 ends

CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID DECEMBER 22, 2023
January 16, 2023

BAKERBAKER

BAKERBAKER
BAKER
BAKER

DEVIN HART

DEVIN HARTDEVIN HART

DEVIN HART

JEFF HERNANDEZ

JEFF HERNANDEZJEFF HERNANDEZ

JEFF HERNANDEZ

JEFF HERNANOEZJEFF HERNANDEZ

JEFF HERNANDEZ

JEFF HERNANDEZJEFF HERNANDEZ

JEFF HERNANDEZ

JEFF HERNANDEZJEFF HERNANDEZ

JEFF HERNANDEZ

JEFF HERNANDEZJEFF HERNANDEZ

JEFF HERNANDEZ

FRANCIS

CAMPBELLCAMPBELL

CAMPBELL

CAMPBELLCAMPBELL
10/30/2023 $
10/30/2023 $10/30/2023 $
10/30/2023 $
11/9/2023 $
11/10/2023 $
11/13/2023 $11/14/2023 $
11/15/2023
11/15/2023 $
11/15/2023 $
11/15/2023 $
11/15/2023 $
11/16/2023 $11/29/2023 $
12/8/2023 $
12/12/2023 $12/13/2023 $
12/14/2023 $
12/14/2023 $12/14/2023 $
VENDOR
CSMFO
ZOOM

WESTIN HOTELS

JP COOKE COMPANY

CSMFOCSMFO

SIR SPEEDY PRINTING

TYPE FOR M

CYBERLYN K

SINCH MAILGUN

POSTAL SERVICE

SO LARWIN DS

CHETS HARDWARE

PEBBLY BEACH BUILDING SUPPLY

DESCRIPTION

TRAINING -WEBINAR

OPERATION COSTS - IT

TRAINING AND TRAVEL- LODGING

SUPPLIES - DOG TAGS

MEMBERSHIP

TRAINING -WEBINAR
SUPPLIES - FOG.OPERATION COSTS - IT

OPERATION COSTS - IT

OPERATION COSTS - ITELECTION - MAILING

OPERATION COSTS - ITSUPPLIES - SMALL TOOLS

SUPPLIES -CITY HALL IMPROVEMENTS

SUPPLIES -CITY HALL IMPROVEMENTSSUPPLIES -CITY HALL IMPROVEMENTS

SUPPLIES - CEMETERY

SUPPLIES - CAPITAL IMPROVEMENTS

SUPPLIES - SMALL TOOLSSTREET SIGNS

SUPPLIES -CEMETERY

SUPPLIES - SMALL TOOLS

SUPPLIES - CAPITAL IMPROVEMENTS

SUPPLIES - CAPITAL IMPROVEMENTSSUPPLIES -CAPITAL IMPROVEMENTS

SUPPLIES - SMALL TOOLS

SUPPLIES -CITY HALL IMPROVEMENTSSUPPLIES - CAPITAL IMPROVEMENTS

SUPPLIES - WASTEWATER TREATMENT PLANT

SUPPLIES - SALTWATER IMPROVMENTS

SUPPLIES - SMALL TOOLS

SUPPPLIES - CAPITAL IMPROVMENTS

SUPPLIES - HOLIDAY DECORATIONS

SUPPLIES -CAPITAL IMPROVEMENTSSUPPLIES -CAPITAL IMPROVEMENTS

MEAL- EMERGENCY WATER BREAK

SUPPLIES-SALTWATER IMPROVMENTS

SERVICE - IT

SERVICE - IT TRAININGSERVICE - IT
TRAINING—CONFERENCE

TRAINING -CONFERENCE

TRAINING -TRAVEL

TRAINING - TRAVEL

DEPARTMENTFINANCE

FINANCE

FINANCEFINANCE

FINANCE

ADM IN ISTRATION

ADMINISTRATION

PUBLIC WORKS

PUBLIC WORKSPUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKSPUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKSPUBLIC WORKS

ADMINISTRATION

ADMINISTRATIONADMINISTRATION

ADMINISTRATION

ADMINISTRATIONADMINISTRATION

ADM IN ISTRATION

ADMINISTRATION
$ 9,288.63 CHECK NUMBER 37193

LAST NAME POST DATE AMT USD
11/22/2023 $
12/4/2023 $
12/4/2023 $
12/13/2023 $
12/15/2023 $
12/15/2023 $
11/21/2023 $
11/28/2023 $
12/4/2023 $
12/4/2023 $
12/4/2023 $12/4/2023 $
10/18/2023 $
10/19/2023 $
10/19/2023 $
10/20/2023 $
10/24/2023 $
10/24/2023 $
10/25/2023 $
10/26/2023 $
10/26/2023 $
10/26/2023 $10/26/2023 $
10/27/2023 $

CHETS HARDWARECHETS HARDWARE

CHETS HARDWARE

PEBBLY BEACH BUILDING SUPPLYCHETS HARDWARE

SM ARTSIG N
150.00
363.94
635.52

93.35 135.00100.00
128.44

59.00 82.9635.00

17.55 577.00

39.56 142.98
357.45

70.15 24.1669.64

97.81 158.09
172.45

37.38 190.83
116.38

79.56 46.7040.69
183.92

70.87 391.03

37.38 33.27
$23.07256.43
122.60
148.19
818.70

14.99 120.00
1,512.00

14.99 645.00
645.00

CHETS HARDWARE

CHETS HARDWARE
CHET’S HARDWARE

PEBBLY BEACH BUILDING SUPPLY

PEBBLY BEACH BUILDING SUPPLYPEBBLY BEACH BUILDING SUPPLY CHET’S HARDWARE

PEBBLY BEACH BUILDING SUPPLY
CHET’S HARDWARE

CHETS HARDWARE

TOPSIDE BY NDMK

PEBBLY BEACH BUILDING SUPPLY
ADOBE INC.

DUO SECURITYHOOK SECURITY
CAN VA

LWC ANNUAL CONFERENCE

LWC ANNUAL CONFERENCE
114.80 SOUTHWEST
314.80 SOUTHWEST

Page 1 of 1 ends

CITY OF AVALON CITY COUNCIL
MEETING DATE: January 16, 2024 AGENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER: jJ\
PREPARED BY: Devin Hart, Management Analyst
SUBJECT: Resolutions of the City Council of the City of Avalon Appointing a Director and Alternate Director to the California Intergovernmental Risk Authority (C IRA) Board of Directors and California Transit Systems Joint Powers Authority (CaITIP)
RECOMMENDED ACTION(S): 1. Adopt resolution authorizing the City Manager to serve as the Director and Assistant City Manager to serve as the Alternate Director to the California Intergovernmental Risk Authority (C IRA) Board of Directors. 2. Adopt resolution authorizing the Assistant City Manager to serve as the Director and City Manager to serve as the Alternate Director to the California Transit Systems Joint Powers Authority (CaITIP) Board of Directors.

REPORT SUMMARY: The City of Avalon (City) is a member of the California IntergovernmentalRisk Authority (CIRA), a statewide risk sharing Joint Powers Authority (JPA) and is also a member of California Transit Systems Joint Powers Authority (CaITIP). CIRA exists for the purpose of providing its member agencies with comprehensive general liability coverage, workers’ compensation, property insurance, special events insurance, and fidelity bonds. All members participate in pro-active safety and loss control programs, with the common goals of reducing risks, minimizing losses, and controlling costs. CaITIP provides similar benefits to the City, but only for public transportation liability, which is excluded by CIRA.

Each CIRA and CaITIP member agency appoints a Director and Alternate Director to the Board of Directors. This allows each member agency input to direct and control the organization. The Members work toward common goals and objectives to minimize loss exposures, expand coverage, and, ultimately, reduce costs. The Finance Director currently serves as the Alternate Director to the CIRA and Director to the CaITIP Board of Directors. The City Manager currently serves as the Director to the CIRA and Alternate Director to the CaITIP Board of Directors.

Staff recommends continuing with the City Manager as the Director to the CIRA Board of Directors, with the Assistant City Manager appointed as the Alternate Director.

Additionally, Staff recommends the Assistant City Manager be named as the Director to the CaITIP Board of Directors with the City Manager to remain as the Alternate Director.

FISCAL IMPACTS: None.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Finance Director would remain identified as the Director and Alternate member of the CaITIP/CIRA Board of Directors.

FOLLOW UP ACTION: Implement City Council direction.

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

1. A Resolution of the City Council of the City of Avalon Appointing a Director and an Alternate Director to the California Intergovernmental Risk Authority (C IRA) Board of Directors..

2. A Resolution of the City Council of the City of Avalon Appointing a Director and an Alternate Director to the California Transit Systems Joint Powers Authority (CaITIP) Board of Directors.

RESOLUTION NO, _____ A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF AVALON APPOINTING A DIRECTOR AND ALTERNATE

DIRECTOR TO THE CALIFORNIA TRANSIT SYSTEMS

JOINT POWERS AUTHORITY (CALTIP) BOARD OF DIRECTORS
WHEREAS, on June 22, 2016, the City of Avalon, (the “City”) entered into a joint powers agreement as a Member Agency with California Transit Systems Joint Powers Authority (hereinafter “CaITIP”) for the purpose of jointly funding tort liabilities and other losses, and providing management services to reduce such losses of the City’s public transportation operations; and
WHEREAS, pursuant to the agreement, each Member Agency of CaITIP is required to appoint a Director and an Alternate Director to act in the Director’s absence, to represent the City as if the City itself were present and acting on the CaITIP Board of Directors for all matters which come before such Board of Directors, and also for theDirector to be eligible for serving on the CaITIP Committees; and WHEREAS, at the June 21, 2016 regular meeting of the Avalon City Council, through Resolution No. 16-18, the City appointed the Finance Director, or the successor in office, to serve as its Director on the CaITIP Board of Directors to act on behalf of the City; and appointed the City Manager, or the successor in office, to serve as the Alternate Director in the absence of the Director; and
WHEREAS, at the November 15, 2016 regular meeting of the Avalon City Council, through Resolution No. 16-39, the City appointed the Chief AdministrativeOfficer, or the successor in office, to serve as the Alternate Director in the absence of the Director; and
WHEREAS, at the November 19, 2018 regular meeting of the Avalon City Council, through Resolution No. 18-38, the City appointed the City Manager, or thesuccessor in office, to serve as its Director on the CaITIP Board of Directors and the Senior Accountant, or the successor in office, to serve as the Alternate Director in the absence of the Director; and
WHEREAS, at the November 19, 2019 regular meeting of the Avalon City Council, through Resolution No. 19-65, the City appointed the Finance Director, or the successor in office, to serve as its Director on the CaITIP Board of Directors and the Assistant City Manager, or the successor in office, to serve as the Alternate Director in the absence of the Director; and
WHEREAS, at the February 15, 2022 regular meeting of the Avalon City Council, through Resolution No. 22-05, the City appointed the Finance Director, or the successor in office, to serve as its Director on the CaITIP Board of Directors and the City Manager, or the successor in office, to serve as the Alternate Director in the absence of the Director; and
WHEREAS, the City now desires to replace the Finance Director and appoint the Assistant City Manager, or the successor in office, to serve as the Director; and RESOLVED FURTHER, that the City Clerk be instructed to inform the Secretary of CaITIP of the above appointment by sending a certified copy of this resolution to CaITIP business office.

NOW, THEREFORE, the City Council of the City of Avalon hereby does determine, find and resolve as follows:

Section 1. That the City Manager, or the successor in office, shall remain the Alternate Director to the CaITIP Board of Directors, and may serve in the absence of the Director.

Section 2. That the Assistant City Manager, or the successor in office, shall replace the Finance Director as the Director to the CaITIP Board ofDirectors.

Section 3. That the City Clerk shall send a certified copy of this resolution to CaITIP’s business office so that CaITIP may be duly notified of thischange.

Section 4. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 16th day of January, 2024.

Ayes:

Noes:

Absent:Abstain:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk
APPROVED AS TO FORM:

Scott Campbell
Best Best & Krieger, LLP
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF AVALON APPOINTING A DIRECTOR

TO THE CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY (CIRA)

BOARD OF DIRECTORS
WHEREAS, the City of Avalon, (the “City”) was a party to the Revised and Restated Joint Powers Agreement creating the Public Agency Risk Sharing Authority of California (PARSAC”), dated May 26, 2011 (the “Joint Powers Agreement”), and, as such, is a Member Agency of PARSAC, as that term is defined in the Joint Powers Agreement, and
WHEREAS, PARSAC and Redwood Empire Municipal Insurance Fund merged effective July 1, 2021 creating a new pool, the California Intergovernmental Risk Authority (CIRA); and
WHEREAS, pursuant to the Joint Powers Agreement, each Member Agency of CIRA is required to appoint a Director and an Alternate Director to act in the Director’sabsence, to represent the City as if the City itself were present and acting on the CIRA Board of Directors for all matters which come before such Board of Directors, and also for the Director to be eligible for serving on the CIRA Executive Committee; and WHEREAS, at the February 15, 2022 regular meeting of the Avalon City Council, through Resolution No. 22-06, the City appointed the City Manager, or the successor in office, to serve as its Director on the CIRA Board of Directors and the Finance Director,or the successor in office, to serve as the Alternate Director in the absence of the Director; and
WHEREAS, the City desires to maintain the City Manager, or the successor in office, to serve as its Director on the CIRA Board of Directors to act on behalf of theCity, a Member Agency of CIRA, on all matters to come before the Board of Directors,as if the City itself were present and acting at such meeting, and for such Director to be eligible for serving on the CIRA Executive Committee; and WHEREAS, the City desires to appoint the Assistant City Manager, or the successor in office, to serve as the Alternate Director in the absence of the Director; and RESOLVED FURTHER, that the City Clerk be instructed to inform the Secretary of CIRA of the above appointment by sending a certified copy of this resolution toCIRA’s business office.

NOW, THEREFORE, the City Council of the City of Avalon hereby does determine, find and resolve as follows:

Section 1. That the City Manager, or the successor in office, shall remain the Director to the CIRA Board of Directors.

Section 2. That the Assistant City Manager, or the successor in office, shall be appointed as the Alternate Director to the CIRA Board of Directors,and may serve in the absence of the Director.

Section 3. That the City Clerk shall send a certified copy of this resolution to CIRA’s business office so that CIRA may be duly notified of thischange.

Section 4. The City Clerk shall certify to the adoption of this Resolution.PASSED, APPROVED AND ADOPTED this j6th day of January, 2024.

Ayes:

Noes:

Absent:Abstain:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: January 16, 2024 AGENDA ITEM: SI
ORIGINATING DEP: Administration CITY MANAGER: ______ PREPARED BY: Gabrielle Morones, Deputy City Clerk/Sr. Admin. Assistant SUBJECT: Appointment of Southern California Association of Governments Regional Conference and General Assembly Delegate
RECOMMENDED ACTION(S): Adopt a resolution appointing Mayor Ann H. Marshall as the City of Avalon voting delegate and Councilmember Michael Ponce as the alternate delegate for the Annual Southern California Association of Governments Regional Conference and General Assembly in May 2024.REPORT SUMMARY: The Annual Southern California Association of Governments Regional Conference and General Assembly will be held in Palm Desert, CA from May 2-3, 2024.

Nearly 1,000 of Southern California’s most influential leaders and innovators will attend,including local elected officials, business and civic leaders, transportation and environmental stakeholders, local government staff and others.

The City’s voting delegate will vote on agenda items pertaining to the General Assembly — Business Meeting.

GOAL ALIGNMENT: Professional development.

FISCAL IMPACTS: Funds will be placed in Account #10110-5510 of FY 2023-2024 Budget to attend the conference.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will not have designated representatives.

FOLLOW UP ACTION: Implement City Council Direction.

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

ATTACHMENTS:

1. Resolution
RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

APPOINTING A VOTING DELEGATE AND AN ALTERNATE DELEGATE TO THE 2024 ANNUAL SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS

REGIONAL CONFERENCE AND GENERAL ASSEMBLY
WHEREAS, the Annual Southern California Association of Governments Regional Conference and General Assembly will be held in Palm Desert, CA on May 2-3, 2024.

WHEREAS, traditionally, the Mayor has been appointed to be the City of Avalon’s voting delegate; and
WHEREAS, the voting delegate will vote on agenda items pertaining to the General Assembly — Business Meeting; and
WHEREAS, the voting delegate will also have the opportunity to bring any policy matter in the form of a proposed resolution or proposed SCAG bylaw resolution before the General Assembly for determination; and
WHEREAS, the Mayor, will be attending the Annual Southern California Association of Governments Regional Conference and General Assembly and be available to represent theCity of Avalon.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Avalon hereby resolves as follows:

The Mayor Ann H. Marshall shall be the City of Avalon’s voting delegate and Councilmember Michael Ponce as the alternate voting delegate.

PASSED, APPROVED AND ADOPTED on the 16th day of January, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:ABSENT:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk I Sr. Admin. Assistant

CITY OF AVALON CITY COUNCIL
MEETING DATE: January 16, 2024 AGENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER: I’UUPREPARED BY: David Maistros, City Manager SUBJECT: Adopt Ordinance Amending Title 2, Chapter 2-2, Section 2-2.307 City Manager Powers and Duties of the Avalon Municipal Code RECOMMENDED ACTION(S): Adopt an ordinance of the City of Avalon amending Title 2, Chapter 2-2, Section 2-2.307 City Manager Powers and Duties of the Avalon Municipal Code.REPORT SUMMARY: This ordinance was introduced and all further readings were waived during the December 12, 2023 City Council Meeting.

City Staff recommend amending Title 2, Chapter 2-2, Section 2-2.307 of the Avalon MunicipalCode (AMC) to broaden the powers of the City Manager to include appointment, removal,promotion and demotion of the office of the City Clerk.

As written, the AMC exempts the office of the City Clerk as the position is appointed by resolution of the City Council. City Staff recommend reorganizing the structure of the office of the City Clerk to have the office report directly to the City Manager rather than the City Council. With this proposed amendment the City Manager will provide oversight of the City Clerk’s Office.

The office of the City Clerk is administrative in nature with the City Clerk providing oversight of public records requests, compliance with various governmental regulations, including annual reporting to the FPPC and citywide records management. The City Clerk also acts as the local elections official.

In recent history, the City Clerk position has been a dual title held in conjunction with the City Manager or Chief Administrative Officer. At this time, the City does not have a permanent and dedicated City Clerk. Duties of the City Clerk Office are shared divided between a Deputy City Clerk/Senior Administrative Assistant and Management Analyst.

Additionally, Staff are taking this opportunity to further amend the ordinance to make it gender neutral when referencing the City Manager.

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

FOLLOW UP ACTION: Publication pursuant to state law requirements.

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 2, CHAPTER 2-2, SECTION 2-2.307 CITY MANAGER

POWERS AND DUTIES OF THE AVALON MUNICIPAL
CODE
WHEREAS, Article 3 of Chapter 2 of title 2 of the City of Avalon Municipal Code (AMC) creates the office of the City Manager and also defines the powers and duties of the City Manager; and,
WHEREAS, the office of City Clerk is appointed by resolution of the City Council; and
WHEREAS, the City wishes to broaden powers of the City Manager by amending the AMC to include appointment, removal, promotion and demotion of the office of the City Clerk; and
WHEREAS, the City Manager will provide oversight to the office of the City Clerk and will oversee compliance with federal, state, and local regulations; and WHEREAS, the City wishes to now amend its Municipal Code.

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 2-2.307 is amended to read as follows (new language is underlined, removed language is struck):
2-2.307 City Manager Powers and Duties.

The City Manager shall be the administrative head of the government of the City underthe direction and control of the Council. He/She shall also be responsible for the efficient administration of all the affairs of the City which are under his control. In addition to his/hergeneral powers as administrative head of all City departments, and not as a limitation thereon, he/she shall also have the following powers and duties:
(a) Law Enforcement. To enforce all the laws and ordinances of the City and to see that all franchises, contracts, permits, and privileges granted by the Councilare faithfully observed; (b) Authority over Employees. To control, order, and give directions to all heads of departments and subordinate officers and employees of the City under his/her jurisdiction through their department heads;
65059.00000\41 755375.!
(c) Power of Appointment and Removal. To appoint, remove, promote, and demote any and all officers and employees of the City except the Gy-C4e14cT City Attorney, City Treasurer, and any other position subject to appointmentand removal by the Council as set forth in any resolution of the Council, subject,however, to the rules and regulations of the Civil Service Commission, if such Commission exists;
(d) Reorganization of Officers. To recommend to the Council such reorganization of offices, positions, departments, or units under his/her direction, as may be indicated in the interests of the efficient, effective, and economical conduct of the City’s business;
(e) Ordinances. To recommend to the Council for adoption such measures and ordinances as he/she deems necessary or expedient;
(f) Attendance at Council Meetings. To attend all meetings of the Council, unless excused therefrom, except when his/her removal is under consideration; (g) Financial Reports. To keep the Council at all times fully advised as to the financial conditions and needs of the City;
(h) Budget. To prepare and submit the proposed annual budget and the proposed annual salary plan, to the Council for its approval;
(i) Purchasing Agent. To be responsible for the purchases of all supplies for all the departments or divisions of the City, as provided in Chapter 3-4 of Title 3 of this Code. No expenditure shall be submitted or recommended to the Council except upon a report and approval by the City Manager.
(j) Investigations. To make investigations into the affairs of the City, and any department or division thereof, and any contract or the proper performance of any obligation of the City.
(k) Public Utilities: Franchises. To investigate all complaints in relation to matters concerning the administration of the City government and in regard to theservices maintained by public utilities in the City and to see that all franchises and permits granted by the City are faithfully performed and observed; (I) Public Properties. To exercise general supervision over all public buildings, public parks, and other public properties, which are under the control and jurisdiction of the Council;
(m) Hours of Employment. Unless otherwise provided in his/her employment agreement, to devote his/her entire time to the duties of his office in the interests of the City; and
65059.00000\4 1755375.1
(n) Additional Duties. To perform such other duties and exercise such other powers as may be delegated to him/her from time to time by ordinance, resolution, or other action of the Council.

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 1506 1(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 bepublished 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 special meeting of the City Council of the City of Avalon on the l2t day of December, 2023, by the following vote:

AYES:

NAYS:

ABSENT:ABSTAIN:

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 16th day of January, 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Ann H. Marshall, Mayor
65059.00000\41755375 I
ATTEST:

Gabrielle Morones, Deputy City Clerk
APPROVED AS TO FORM:

Scott Campbell
Best Best & Krieger, LLP
65059.00000\41 755375.1

CITY OF AVALON CITY COUNCIL
MEETING DATE: January 16, 2024 AGENDA ITEM: (0
ORIGINATING DEPT: Harbor CITY MANAGER:PREPARED BY: Orne Carstarphen, Harbor Master SUBJECT: 2024 Waterside Permit Renewals
RECOMMENDED ACTION(S): Authorize the Harbor Master to renew the attached list of Waterside Permits for 2024.

REPORT SUMMARY: Prior to December each year, the Harbor Master reviews all existing Waterside Permits. Waterside Permits expire annually on December 3jst If the Harbor Master determines that, because of changed circumstances, a permit should not be renewed, or should be renewed on different terms and conditions, he shall forward his recommendation thereon to the City Council for action, together with a list of all permits that he recommends should be renewed for another term without change.
2023 Waterside Permits Not Renewing in 2024
• Fishin Funatics has relinquished the Waterside Permit • Trace Marine did not start operations on approved waterside permit business.• Catalina Charter Boat Inc did not start operations for all three approved waterside permit businesses (marine mechanic, lobster fishing, and dive services). • Dive Catalina is non-compliant.• Mountain and Sea Adventures has relinquished the Waterside Permit.

Section 3 of Resolution 04-30 states that all permit renewals are subject to verification by the Finance Department to make sure the permit holder is in good standing with respect to harbor use fees, rents and admission taxes and insurance requirements. With respect to fees, rents and admission taxes, good standing includes execution of and compliance with a paymentplan.

GOAL ALIGNMENT: Renew waterside permits.

FISCAL IMPACTS: N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: 2023 Waterside Permits in good standing will not be renewed for 2024.

FOLLOW-UP ACTION: Notify all waterside permit holders of renewal status.

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

1. List of 2023 Waterside Permit Holders to be renewed for 2024.

WATERSIDE PERMITS AS OF DECEMBER 2018
NO. RENTALS WITHOUT
BUSINESS NAME NO. OF BOATS NO. OF SKIFFS OPERATOR VESSELS (114 max.) AFISHINADO CHARTERS 1 1
AVALON ANGLERS 1 0AVALONBOATSTAND 0 3 94
AVALON MOORING & DIVING SERVICE 1 2AVALON OCEAN CHARTERS 1 0 AVALON SPORT FISHING 1 0
BLUE WATERADVENTURES 1 0
CANBY MARINE SERVICE 0 1CATTOW, INC. 4 1
CATALINA CLASSIC CRUISES * 6 0CATALINA COASTALTOURS 2 0 CATALINA CUSTOM CHARTERS 1 0CATALINA ISLAND COMPANY 4 3 CATALINA ISLALND MERMAIDS 0 0CATALINAJETSKIRENTALCORP. 1 0 CATALINA SCUBA DBA CATALINA INSTRUCTION & GUIDES 0 0
CATALINA SNORKEL & SCUBA 0 0CORSARIO OCEAN ADVENTURES 1 0 DISCOUNT DIVE AND MARINE 0 2
HARBORBREEZE** 4 0HEADPUMPERS 0 1
ISLAND CHARTERS, INC. 1 0ISLAND ENTERPRISES 2 0
ISLAND WATER CHARTERS 3 0
LIVELY SCHOONER INC., dba VINTAGE VESSEL VOYAGES 1 1
MEMORY MAKER FISHING CHARTERS 2 0MO. DION & SONS INC., DBA AVALON HARBOR FUEL DOCK 0 1 PARASAIL CATALINA 3 1
SCUBACAT, INC 1 0
SEA CATALINA INC. (formerly Descanso Beach Ocean Sports) 1 0SKIPPERS SEA B&B, dba CATALINA ADVENTURE SAILING 1 0 TAYLORED CATALINA CHARTERS 1 1WETSPOT RENTALS 1 1 2D
TOTALS 46 19 114
* Catalina Classic Cruises vessels are perminently docked on the mainland and they only utilize 4 vessels at a time. ** Harbor Breeze vessels are permanently docked on the mainland.*** Island Enterprises is operating without a permit, minimum of 2 boats, 1 of which in in Avalon part time.

CITY OF AVALON CITY COUNCIL
MEETING DATE: January 16, 2024 AGENDA ITEM: 7
ORIGINATING DEP: Administration CITY MANAGER: _______ PREPARED BY: Devin Hart, Management Analyst SUBJECT: Resolution Authorizing the City Manager to Execute and File State Documents for Approved State Projects and Activities
RECOMMENDED ACTION(S): Adopt a resolution authorizing the City Manager to execute and file state documents for approved transportation projects and activities.

REPORT SUMMARY: The California Department of Transportation (Caltrans) requires every agency that applies for and/or received funding for approved transportation activities have anexecuted Master Agreement. The Master Agreement establishes rules and regulations as wellas responsibilities of both local agencies and the State of California regarding the utilization of transportation funds.

The Master Agreement is valid for ten years. The City of Avalon’s Master Agreement with the State expired in June 2021. In order to amend the agreement and extend it for another 10 year period, the City Council must adopt a resolution authorizing the City Manager to execute documents related to transportation funding.

At this time, the City has two capital improvement projects that are slated to receive grant or earmarked funding through Caltrans — Five-Corner Comprehensive Pedestrian Project and Pebbly Beach Road Revetment.

GOAL ALIGNMENT: Infrastructure repairs and financial stability.

FISCAL IMPACTS: Approximately $3 million in grant or earmarked funding has been allocated to City capital improvement projects through Caltrans.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will not have an executed Master Agreement on file with Caltrans and may not be eligible to receive transportation funding from State funding agencies.

FOLLOW UP ACTION: Execute and file Master Agreement.

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

ATTACHMENTS: Resolution
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

AUTHORIZING THE CITY MANAGER TO EXECUTE AND

FILE STATE DOCUMENTS FOR APPROVED

TRANSPORTATION PROJECTS AND ACTIVITIES
WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects or public entities qualified to act as recipients of these state funds; and WHEREAS, the State of California (“State”) programs, allocates and approves State financial assistance for planning, capital, training, demonstration, and operating activities associated with transportation projects, through the California Transportation Commission (‘CTC”), the California Department of Transportation (“Caltrans”), and other state grantor agencies; and
WHEREAS, all agreements or contracts for financial assistance from the State will impose certain obligations upon the City of Avalon, including provisions by each agreement or contract, if specifically required, of local match projects; and WHEREAS, to invoice against such funds made available by the CTC, Caltrans, or other grantor agencies for approved transportation projects and activities, the City of Avalon is required to apply for such funding, seek related approvals, and execute funding agreements or contracts with the CTC, Caltrans, or other state grantor agencies; and WHEREAS, the City of Avalon will seek State funding through applications and allocation requests from the CTC, Caltrans, and other State grantor agenices to assist in financing for approved transportation projects and activities; and WHEREAS, current approved transportation projects and activities include, but are not limited to the Five-Corners Comprehensive Pedestrian Project and Pebbly Beach Road Revetment Project.

PASSED, APPROVED AND ADOPTED this 16th day of January, 2024.

Ayes:

Noes:

Absent:

Abstain:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: January 16, 2024 AGENDA ITEM: _____ ORIGINATING DEP: Planning & Building CITY MANAGER: 1w PREPARED BY: Kelly Ribuffo, Contract Planner
SUBJECT: Appeal of Planning Commission Action No. 23-26 of PC#2854 Denying a Site Plan and a Variance at 335 Wrigley Terrace Road
RECOMMENDED ACTION(S): 1. Open the Public Hearing. 2. Receive Public Comment.

3. Close the Public Hearing. 4. Consider the appeal and determine to either a) Affirm the action of the Planning Commission; b) Require a transcript or recording of the testimony, and all other evidence upon which the Planning Commission made its decision, and after receiving such evidence take such action as, in its opinion, is indicated by such evidence alone; c) Refer the matter back to the Planning Commission, with or without instructions for further proceedings; or d) Set the matter for hearing before itself, considered de novo. (Avalon Municipal Code (AMC) Section 9-8.60 1)
REPORT SUMMARY: On December 6, 2023, the Planning Commission held a duly noticed public hearing to consider PC#2854, a request for a Site Plan Review and a Variance to allow a 6-foot tall masonry wall within the front yard setback and new gated carport pergolas for two autoette parking pads for a single-family residential property at 335 Wrigley Terrance Road (Wrigley Drive). The property is located in the Multiple Family,Medium Density (MD) zone. The property owner, Eric Albert, was represented by Fineline Construction, Inc. The staff report and meeting minutes are included as Attachments 1 and 2 of this report.

Variances were requested because the proposed project does not comply with development standards set forth in Avalon Municipal Code (AMC) as follows:
• Per AMC Section 9-7.801 a, fences and walls shall not exceed a height of 42 inches within the required front yard setback. The proposed wall and retractable carport gates are 6-foot in height.
• Per AMC Section 9-7.404.b.8, no structure or part of a structure not specified above may project into required setbacks without the granting of a variance. The proposed carport pergolas are located within the front setback area of the property.

In the opinion of staff, the findings for a Variance could not be made for the additional height in the front setback area for the following reasons:
• The configuration of site development, while unique to the property, does not prevent the applicant from complying with the intent of the zoning regulations for wall and gate height. The existing front property wall is shorter than permitted by code. The applicant did not adequately consider other options to secure the property that would either not require a variance, require a lesser variance, and/or would have less of an impact the scenic view of Avalon Bay from Wrigley Terrace Road. Options discussed with the applicant by staff included:
o Building a shorter wall;
o Proposing a wall/fence/gate design that would be see through, such as pickets or wrought iron; or
o Including defensible features only in areas where trespassing is a concern, such as where the roofline connects to the retaining wall.

Therefore, the applicant had created a self-imposed hardship by not modifying the design of their project to more closely comply with municipal code development standards, and a Variance could not be justified for the project in its current form. • Two of the policies of the City’s General Plan/Local Coastal Plan are to strengthen the visual and physical connection between the waterfront and neighborhoods surrounding Avalon Bay (Policy 11-2) and to incorporate policies of the Coastal Act as guiding policies of the City’s land use, which includes protection of scenic coastal vistas (Policy 11-3). Wrigley Terrace Road is a public right-of-way and is established as a scenic corridor regularly enjoyed by residents and visitors. As there are multiple design options that could be considered by the applicant thatwould better preserve the views from the public right-of-way and still achieve the goal of securing the property, the proposed project is in conflict with Geneal Plan policies and could not meet the findings for granting a Variance. • Construction of a solid 6-foot wall at the front property line along Wrigley Terrace Road would create an enclosed tunnel effect between property and adjacent retaining wall on the other side of road which is not in keeping with the development pattern in the “Terraces” neighborhood. The other residence on this section of Wrigley Terrace Road have set back their front yard fence from the front property line, reducing the imposition of the vertical mass at the street. Therefore, there isno existing precedent to approve a solid 6-foot tall wall at the property line.

It was the opinion of staff that a Variance could be granted for the proposed carport pergolas due to their less visually intrusive design. However, given that the carport pergolas are part of the overall project with the wall and retracting gates, staff could not recommend approval of this portion of the project.

After consideration of the findings in the staff report, applicant presentation, and public comment, the Planning Commission voted 5-0 to adopt PC Resolution 23-26 and deny the project as presented at the public hearing (Attachment 3).

On December 13, 2023, Adrian Thoricht of Fineline Construction, Inc. filed a timely appeal of the Planning Commission’s decision, requesting that the City Council hear the Project de novo at a public hearing and consider two alternative wall designs that address the findings made in the staff report and feedback provided by Commissioners during the public hearing (Attachment 4).Pursuant to AMC Section 9-8.601 .B, upon receiving notice of an appeal, the City Council may take any of the following actions:

1. Affirm the action of the Commission; or

2. Require a transcript or recording of the testimony, and all other evidence upon which the Commission made its decision, and after receiving such evidence take such action as, in its opinion, is indicated by such evidence alone; or

3. Refer the matter back to the Commission, with or without instructions for further proceedings; or

4. Set the matter for hearing before itself. At such hearing, it shall hear and decide the case de novo.

Staff supports the Planning Commission’s denial of the Project as presented at the December 6, 2023 public hearing, as discussed above. However, in the appeal application the applicant has demonstrated a willingness to modify their design to address the deficiencies identified in the findings for denial of the Variance. Therefore, it is the opinion of staff that there are grounds for further consideration of the project by CityCouncil or the Planning Commission.GOAL ALIGNMENT: N/A FISCAL IMPACTS: Any expenses incurred by the City in the preparation of the appeal are reimbursable by the Applicant.CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The entitlementapplication will not be resolved until a final decision is made by City Council or the Planning Commission.

FOLLOWUP ACTION: Implement City Council direction.

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

1. Planning Commission Staff Report and Attachments dated December 6, 2023

2. December 6, 2023 Planning Commission Draft Minutes

3. Planning Commission Resolution No. 23-26

4. AppealApplication No. 24-01

AVALON PLANNING COMMISSION
STAFF REPORT -PC# 2854
Wednesday, December 6, 2023
Application File: SPR, VAR — Public Hearing Submitted by: Kelly Ribuffo, Contract Planner A Public Hearing considering a Site Plan Review and a Variance to allow a 6-foot tall masomywall within the front yard setback and new gated carport pergolas for two autoette parking pads for a single-family residential property in the Multiple Family, Medium Density (MD) zone. The property is located at 335 Wrigley Terrace Road (Wrigley Drive). If denied, the Proposed Project is statutorily exempt from CEQA per State CEQA Guidelines 15270 (Projects Which Are Disapproved). The Proposed Project is excluded from Coastal Development Permit requirements per Avalon Municipal Code (AMC) Section 9-8.102.b.1.

Owner/Applicant:

Files:

Location of Project:

APN:PC #:

General Plan:

Zone:File Date:

Eric Albert
SPR; VAR335 Wrigley Terrace Road (Wrigley Road)7480-007-044 2854Medium Density Residential (MD-R)Multiple Residential, Medium Density (MD-R)09/25/2023

BACKGROUND
Item No.

General Plan Zoning Current Use
On-Site Medium Density Multiple Residential — Single-family residence Residential (MD-R) Medium Density
(MD-R)
North, Multiple Residential — Multiple Residential Single-family residential West, and Medium Density (MD- Medium Density
South R) (MD-R)
South Low Density Low Density Vacant land and single-family Residential (LD-R) Residential (LD-R) residential
Existing Site:

The site is developed with a three-story single-family residence, which steps down the hillsidebetween Wrigley Terrace Road and Upper Terrace Road. The property also includes two uncovered autoette parking pads, one each to the east and west of the residence, with access toWrigley TelTace Road. Photos of the property are included as Attachment 3.

The Los Angeles County Assessor lists the year built as 1974. The building reflects a vernacularmid-century architectural style, with design elements including stucco siding, clay tile roof, and wood and stone pergolas.

Project Vicinity
2 Existing Area Context:

The project site is located within the geographic area known as the “Terraces”. This area isgenerally located between Lower Terrace Road to the northwest and Wrigley Terrace Road to thesoutheast and consists of multi-level residential homes built into the hillside along these streets.

The subject property was approved as a single-family residence, which is a permitted use in the MD-R zoning district. Surrounding properties consist of residential properties also zoned MD-R.

Wrigley Terrace Road is one of two public roadways that access the Pebbly Beach Service area,serves as the only access to Mt. Ada Bed and Breakfast, and is a popuLar scenic route for visitorsdue to its clear views of Avalon Bay.Entitlement and Permit History:The subject property has no past planning entitlement application history relevant to the proposed project. Staff has reviewed available building pennit records and verified that both existing autoette parking pads were previously permitted as vehicle parking areas.

PROJECT DESCRIPTION
The project proposes the following:
• Remove the existing 23 to 33-inch front property line wall.• Construct a new 6-foot masonry and stucco wall at the front property line.• Construct new 8-foot pergola style carports for each auloette parking pad. • Construct new 6-foot solid wood and metal retractable gates for each autoette parking pad.

Proposed plans are included as Attachment 4 to this report.

Fineline Construction, Inc. has provided ajustificatiori statement for the proposed project on behalf of the property owner, included as Attachment 2. According to the letter, the property owner has noticed visitors trespassing onto the property, including into the autoette parking areas and potentially the roof of the house, to take photos of the views. Visitors also frequently stand and siton the existing front property line wall, which has a substantial 11-foot drop on the other side,which presents a fall risk. Therefore, the property owner requests the 6-foot tall wall and gates to secure the property and mitigate liabilities and potential public safety issues.

The proposed project does not comply with development standards set forth in Avalon Municipal Code (AMC) as follows:
• Per AMC Section 9-7.801.a, fences and walls shall not exceed a height of 42 inches within the required front yard setback. The proposed wall and retractable carport gates are 6-foot in height.
• Per AMC Section 9-7.404.b.8, no structure or part of a structure not specified above may project into required setbacks without the granting of a variance. The proposed carport pergolas are located within the front setback area of the property. 3 As such, two variances from the municipal code would need to be granted in order for the project to be built as proposed in this application.

DISCUSSION AND ANALYSIS
Issue 1 — Variance for a 6-foot High Wall and Gates:

The applicant is requesting solid 6-foot tall wall and gates at the front property line to secure theproperty and mitigate liabilities and prevent trespassing on their property. Per AMC Section 9-

7.801.a, fences and walls shall not exceed a height of 42 inches within the required front yard setback.

Variances shall be granted only when, because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of the ZoningOrdinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The property is one of two single-family residences constructed between Upper Terrace Road and Wrigley Terrace Road. Due to the topography of the site, the existing residence is located below grade from Wrigley Terrace Road. This is a uniquecircumstance of the property’s development history that is not common amongst other properties within the “Terraces” neighborhood, which customarily have the upper floor of the building nearor at grade with the adjacent roadway.

However, it is the opinion of staff that a Variance should not be granted for the additional height at the front property line based on the following considerations:

The configuration of site development, while unique to the property, does not prevent the applicant from complying with the intent ofthe zoning regulations for wall and gate height.The existing front property wall is shorter than permitted by code. The applicant has not adequately considered other options to secure the property that would either not require avariance, require a lesser variance, and/or would have less of an impact the scenic view ofAvalon Bay from Wrigley Terrace Road. Options discussed with the applicant by staff included:
o Building a shorter wall;o Proposing a wall/fence/gate design that would be see through, such as pickets or wrought iron; or
o Including defensible features only in areas where trespassing is a concern, such as where the roofline connects to the retaining wall.

Therefore, the applicant has created a self-imposed hardship by not modifying the designof their project to more closely comply with municipal code development standards, and a Variance cannot be justified for the proposed project in its current form. • Two ofthe policies ofthe City’s General PlanlLocal Coastal Plan is to strengthen the visual and physical connection between the waterfront and neighborhoods surrounding Avalon 4 Bay (Policy 11-2) and to incorporate policies of the Coastal Act as guiding policies of the City’s land use, which includes protection of scenic coastal vistas (Policy 11-3). Wrigley Terrace Road is a public right-of-way and is established as scenic colTidor regularly enjoyed by residents and visitors. As there are multiple design options that could beconsidered by the applicant that would better preserve the views from the public right-ofway and still achieve the goal of securing the property, the proposed project is in conflict with Geneal Plan policies and cannot meet the findings for granting a Variance. • Construction of a solid 6-foot wall at the front property line along Wrigley Terrace Road would create an enclosed tunnel effect between property and adjacent retaining wall on the other side of road which is not in keeping with the development pattern in the “Terraces” neighborhood. The other residence on this section of Wrigley Terrace Road has set back their front yard fence from the front property line, reducing the imposition of the vertical mass at the street. Therefore, there is no existing precedent to approve a 6-foot tall wall at the property line.

Findings and conditions are provided in the staff report and draft resolution to support denial of aVariance.

Issue 2 — Variance for Carport Pergolas
The second Variance requested by the applicant is for placement of carport pergolas over the existing permitted autoette parking areas on the property. The pergolas would be decorative only and are not a part of the project proposed to secure the property. The pergolas would be locatedwithin the front setback area, which requires a Variance per 9-7.404.b.8.It is the opinion of staff that a Variance could be granted for the proposed carport pergolas based on the following considerations:
• The pergolas will be constructed over existing parking areas, which have previously been constructed within the front setback area due to the sloped topography of the lot. • The pergolas are architecturally consistent with the existing residence, which has decorative wood patios and pergolas on the north and west elevations. • The pergolas would only minimally obstruct views for Wrigley Terrace Road, as they would be approximately 8 feet in height and would be unenclosed on all sides, exceptingthe requested retractable gates at the front property line.

However, given that the carport pergolas are one part of the overall project with the wall andretracting gates, staff cannot recommend approval of this portion of the proposed project at this time.
5 GENERAL PLAN, LAND USE, AND ZONING COMPLIANCE
Annual Growth Policy:

The growth policy provides that new residential development would only be permitted with confirmation from Southern California Edison Company (“SCE”) that adequate fresh water isavailable. The project involves construction of a new property line wall and carport pergolas, withno alterations to the residence, including the number of bedrooms. Therefore, no water allocation is required at the time. Staff recommends that the Planning Commission make the finding that the proposed project is in compliance with the 2023 Annual Growth Policy.Affordable Housing Ordinance:

This ordinance is not applicable to the proposed project since the proposal does not include the development of five or more residential units.

Site Plan Review:

AMC Chapter 9-8.203 sets forth the required findings for approval of a Site Plan Review as follows:

1. Every use, development of land and application of development standards shall take place in compliance with all applicable provisions of this title. (AMC Section 9-

8.203.a)It is the opinion of staff that findings for a Variance for wall and gate height cannot be made in compliance with AMC Section 9-8.405, as discussed below. Therefore, theproposed project cannot be found to be in compliance with all applicable provisions ofTitle 9, Planning and Zoning.

2. 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 ordevelopment intended, 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 theGeneral Plan. (AMC Section 9-8.203.b) The property is one of two single-family residences constructed between Upper Terrace Road and Wrigley TelTace Road. Due to the topography of the site, the existing residence is located below grade from Wrigley Terrace Road. This is a unique circumstance of the property’s development history that is not common amongst other properties within the “Terraces” neighborhood, which customarily have the upper floor of the building near orat grade with the adjacent roadway.

However, the configuration of site development, while unique to the property, does not prevent the applicant from complying with the intent of the zoning regulations for wall and 6 gate height. As proposed, the project would have an adverse effect on the scenic views of Avalon Bay from Wrigley Terrace Road, which conflicts with General PlanJLocal Coastal Plan Policies 11-2 and 11-3. As there are multiple design options that could be considered by the applicant that would better preserve the views from the public right-of-way and stillachieve the goal of securing the property, the proposed project cannot be found to be suitable for the project site and does not meet the intent of this finding.

3. Every use, development of land, application of development standards shall be considered on the basis of suitable and functional development design, but is notintended that such approval be interpreted to require a particular style or type ofarchitecture. (AMC Section 9-8.203.c) The design elements in the proposed plans are consistent with the established design elements of the existing residence.

Variance:AMC Chapter 9-8.405 sets forth the required findings for approval of a Variance as follows:

1. Variances from the terms of the Zoning Ordinance shall be granted only when, because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

However, the configuration of site development, while unique to the property, does not prevent the applicant from complying with the intent ofthe zoning regulations for wall and gate height. The existing front property wall is shorter than permitted by code. Theapplicant has not adequately considered other options to secure the property that wouldeither not require a variance, require a lesser variance, and/or would have less of an impactthe scenic view of Avalon Bay from Wrigley Terrace Road. Options discussed with the applicant by staff included:
o Building a shorter wall;o Proposing a wall/fence/gate design that would be see through, such as pickets or wrought iron; or
o Including defensible features only in areas where trespassing is a concern, such as where the roofline connects to the retaining wall.
7 Therefore, the applicant has created a self-imposed hardship by not modifying the design of their project to more closely comply with municipal code development standards, and a Variance cannot be justified for the proposed project in its current form.

2. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilegesinconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.There arc no conditions that could be placed on the project design that could address the inconsistency of the project with development standards and General PlanlLocal Coastal Plan policies. The proposed project would block views of the coast for residents and visitorswith a 6-foot tall solid masonry wall and carport gates. Multiple design options exist thatcould be considered by the applicant that would better preserve the scenic views from the public right-of-way and still achieve the goal of securing the property. The redesign of theproject should be further reviewed by staff and the Planning Commission prior to approval, which requires a subsequent public hearing and may result in recommended conditions ofapproval at that time.

3. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

The project does not propose a use or activity that is not permitted in the MD-R zoning district.Walls, gates, and carports are accessory structures that are customarily built on residentialproperties. Therefore, the proposed project meets the intent of this finding.

4. No variances shall be granted which reduce or adversely affect access to or along the shoreline, including physical or visual qualities of access.

The project site is located along Wrigley TelTace Road, which is a popular scenic route withclear views of Avalon Bay and associated coastal development. The proposed project wouldblock views of the coast for residents and visitors with a 6-foot tall solid masonry wall and carport gates. Multiple design options exist that could be considered by the applicant that would better preserve access to the scenic views from the public right-of-way and still achieve the goal of securing the property. Therefore, without additional redesign, the proposed project does not meet the intent of this finding.

5. The variance shall be consistent with the Local Coastal Program.

The proposed project conflicts with the following General Plan and Local Coastal Program Goals and Policies:
8 Policy 11-2 of the Land Use Element:
“Preserve and strengthen the visual andphysical connections between the ii’ateifront, City Center, and neighborhoods surrounding the City Center, middle canyon, upper canyon and open spaces.”
Policy 11-3 of the Land Use Element:
“Incorporate the policies of the Coastal Act (Public Resources Code Section 30210 through 30263,) as guiding policies ofCity ‘s land use.” Section 3025] ofthe Coastal Act states.’
“The scenic and visual qualities ofcoastal areas shall be considered andprotected as a resource ofpubiic importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas such as thosedesignated in the Calfornia Coastline Preservation and Recreation Plan prepared bythe Department ofParks and Recreation and by local government shall be subordinate to the character ofits setting.”
The project site is located along Wrigley Terrace Road, which is a popular scenic route with clear views ofAvalon Bay and associated coastal development. The proposed projectwould block views of the coast for residents and visitors with a 6-foot tall solid masonrywall and carport gates. There is no precedent set with the Terraces neighborhood for tall fences or walls at the front property line, and adding an opaque batTier that obscures views from Wrigley Terrace Road is not visually compatible with existing residential development. Multiple design options exist that could be considered by the applicantthat would better preserve access to the scenic views from the public right-of-way forresidents and visitors that would still achieve the goal of securing the property.

Therefore, without additional redesign, the proposed project does not meet the intent ofthis finding.

Coastal Development Permit:

The City of Avalon is located entirely within the Coastal Zone. The proposed project is locatedwithin the Coastal Zone and is excluded from Coastal Development Permit requirements per Avalon Municipal Code (AMC) Section 9-8.102.b.1. Improvements to existing single-family residences are excluded from CDP review, except those classes of development which involve arisk of adverse environment effect, defined as:
• Improvements to single-family structure within 50 feet of the edge of a coastal bluff;• The expansion or construction of water wells or septic systems; or 9 • On property located between the sea and the first public road paralleling the sea or within 30 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greatest distance.

The proposed project meets none of the above criteria, therefore it is excluded from the CoastalDevelopment Permit review process.

ENVIRONMENTAL DETER1MINATION
California EnvironmentaL Quality Act:

If denied, the proposed project is statutorily exempt from CEQA per State CEQA Guidelines 15270 (Projects Which Are Disapproved). CEQA does not apply to projects which an agency rejects or disapproves as there can be no potential impact on the environment.

AUTHORIZING GUIDELINES
AMC Sections 9-8.204.a and 9-8.401 authorize the Planning Commission to review and take action on the subject applications for a Site Plan Review and Variance.

PUBLIC NOTICE
On November 22, 2023, the City sent a Public Hearing Notice to property owners/tenants withina 300-foot radius of the project site. The Hearing Notice was published in Catalina Islander on November 24, 2023. The Hearing Notice was posted in three location(s) on the same date.

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

1. Adopt the findings to support denial for Site Plan Review.

2. Adopt the findings to support denial of a Variance.

3. Find the project consistent with the 2023 Growth Policy.

4. Find the project is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15270 (Projects Which Are Disapproved)

ATTACHMENTS

1. Draft Resolution No. PC23-26

2. Applicant Project Justification Statement

3. Site Photographs

4. Plan Set dated JuLy 11, 2023
10 RESOLUTION NO. 23-26

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OFAVALON, CALIFORNIA, DENYING A SITE PLAN REVIEW AND A VARIANCE FOR A 6-FOOT TALL WALL AND 8-FOOT TALL GATED

CARPORT PERGOLAS IN THE FRONT YARD SETBACK, LOCATED AT
335 WRIGLEY TERRACE ROAD, AVALON, CALIFORNIA
Moved by Commissioner and seconded by Commissioner that the following Resolution be adopted:

WHEREAS, Eric Albert (“Applicant”) filed an application for Site Plan Review and a Variance (PC#2854) to allow a 6-foot tall masonry wall and new 8-foot tall gated carport pergolas for two autoette parking pads within the fiont yard setback of a single-family residential propertyin the Multiple Family, Medium Density (MD) zone (“Project”) at 335 Wrigley Terrace Road(Wrigley Road), APN 7480-007-044 (“Site”); and WHEREAS, the Planning Commission has authority per Avalon Municipal Code (AMC) Sections 9-8.204.a and 9-8.401 to approve, conditionally approve, or disapprove a Site Plan Review and Variance to allow a 6-foot tall masonry wall and new 8-foot tall gated carport pergolas for two autoette parking pads within the front yard setback of a single-family residential property;and WHEREAS, the Site is located within the Coastal Zone and is excluded from Coastal Development Permit requirements per Avalon Municipal Code (AMC) Section 9-8.102.b.1.; and WHEREAS, the Project was found to be statutorily exempt from CEQA per State CEQA Guidelines 15270 (Projects Which Are Disapproved). CEQA does not apply to projects which anagency rejects or disapproved as there can be no potential impact on the environment; and WHEREAS, the Planning Commission conducted one duly advertised public hearing on December 6, 2023, at which time interested persons had an opportunity to testify either in supportof or opposition to granting a Site Plan Review and Variance upon property described in attachedExhibit “A”; and WHEREAS, all other legal pre-requisites for the consideration of the Site Plan Review and Variance have occurred.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Avalon does hereby deny a Site Plan approval and Variance to allow a 6-foot tall masonry wall and new 8-foot tall gated carport pergolas for two autoette parking pads within the fiont yard setback of a single-family residential property, based on the following findings:

SECTION 1- FINDINGS
Site Plan Review:

AMC Chapter 9-8.203 sets forth the required findings for approval of a Site Plan as follows:

1. Every use, development of land and application of development standards shall take place in compliance with all applicable provisions of this title. (AMC Section 9-

8.203.a)It is the opinion of staff that findings for a Variance for wall and gate height cannot be made in compliance with AMC Section 9-8.405, as discussed below. Therefore, the proposed project cam-lot be found to be in compliance with all applicable provisions of Title 9, Planning and Zoning.

2. 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 ordevelopment intended, 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. (AMC Section 9-8.203.b)
The property is one of two single-family residences constructed between Upper Terrace Road and Wrigley Terrace Road. Due to the topography of the site, the existing residenceis located below grade from Wrigley Terrace Road. This is a unique circumstance of the property’s development history that is not common amongst other properties within the“Terraces” neighborhood, which customarily have the upper floor of the building near orat grade with the adjacent roadway.

However, the configuration of site development, while unique to the property, does not prevent the applicant from complying with the intent of the zoning regulations for wall andgate height. As proposed, the project would have an adverse effect on the scenic views ofAvalon Bay from Wrigley Terrace Road, which conflicts with General PlanJLocal CoastalPlan Policies 11-2 and 11-3. As there are multiple design options that could be considered by the applicant that would better preserve the views from the public right-of-way and still achieve the goal of securing the property, the proposed project cannot be found to besuitable for the project site and does not meet the intent of this finding.

3. 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 ofarchitecture. (AMC Section 9-8.203.c) The design elements in the proposed plans are consistent with the established design elements of the existing residence.
2 Variance:

AMC Chapter 9-8.405 sets forth the required findings for approval of a Variance as follows:

The property is one of two single-family residences constructed between Upper TerraceRoad and Wrigley Terrace Road. Due to the topography of the site, the existing residence is located below grade from Wrigley Terrace Road. This is a unique circumstance of the property’s development history that is not common amongst other properties within the“Terraces” neighborhood, which customarily have the upper floor of the building near orat grade with the adjacent roadway.However, the configuration of site development, while unique to the property, does not prevent the applicant from complying with the intent of the zoning regulations for wall and gate height. The existing front property wall is shorter than permitted by code. Theapplicant has not adequately considered other options to secure the property that wouldeither not require a variance, require a lesser variance, and/or would have less of an impactthe scenic view of Avalon Bay from Wrigley Terrace Road. Options discussed with theapplicant by staff included:
o Building a shorter wall;o Proposing a wall/fence/gate design that would be see through, such as pickets or wrought iron; or
o Including defensible features only in areas where trespassing is a concern, such as where the roofline connects to the retaining wall.

There are no conditions that could be placed on the project design that could address the inconsistency of the project with development standards and General PlanlLocal Coastal Plan policies. The proposed project would block views of the coast for residents and visitorswith a 6-foot tall solid masonry wall and carport gates. Multiple design options exist that could be considered by the applicant that would better preserve the scenic views from the public right-of-way and still achieve the goal of securing the property. The redesign of the 3 project should be further reviewed by staff and the Planning Commission prior to approval, which requires a subsequent public hearing and may result in recommended conditions of approval at that time.

3. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.The project does not propose a use or activity that is not permitted in the MD-R zoning district.

Walls, gates, and carports are accessory structures that are customarily built on residentialproperties. Therefore, the proposed project meets the intent of this finding.

4. No variances shall be granted which reduce or adversely affect access to or along the shoreline, including physical or visual qualities of access.

5. The variance shall be consistent with the Local Coastal Program.

The proposed project conflicts with the following General Plan and Local Coastal Program Goals and Policies:

Policy 11-2 of the Land Use Element:
“Preserve and strengthen the visual andphysical connections between the wateifront, City Centei and neighborhoods surrounding the City Center, niiddle canyon, tipper canyon and open spaces.”Policy 11-3 of the Land Use Element:
“Incorporate the policies of the Coastal Act (Public Resources Code Section 30210 through 30263) as guiding policies ofCity’s land use.”
Section 30251 ofthe Coastal Act states.
“The scenic and visual qualities ofcoastal areas shall be considered andprotected as a resource ofpubiic importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in 4 visually degraded areas. Nei” development in highly scenic areas such as those designated in the Calfornia Coastline Preservation and Recreation Plan prepared bythe Department ofParks and Recreation and by local government shall be subordinateto the character ofits setting.

The project site is located along Wrigley Terrace Road, which is a popular scenic routewith clear views ofAvalon Bay and associated coastal development. The proposed projectwould block views of the coast for residents and visitors with a 6-foot tall solid masomywall and carport gates. There is no precedent set with the TelTaces neighborhood for tall fences or walls at the front property line, and adding an opaque barrier that obscures viewsfrom Wrigley Terrace Road is not visually compatible with existing residentialdevelopment. Multiple design options exist that could be considered by the applicant that would better preserve access to the scenic views from the public right-of-way forresidents and visitors that would still achieve the goal of securing the property.Therefore, without additional redesign, the proposed project does not meet the intent ofthis finding.

SECTION 2- ENVIRONMENTAL REVIEWThe proposed project is statutorily exempt from CEQA per State CEQA Guidelines 15270(Projects Which Are Disapproved). CEQA does not apply to projects which an agency rejects ordisapproved as there can be no potential impact on the environment.

SECTION 3- ADMINISTRATION

1. 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 property Site is excluded from Coastal Development Permit requirements per Avalon Municipal Code (AMC) Section 9-8.102.b.1.

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 23-26, the Planning Commission denying the Site Plan Review and Variance.

3. The Chairman of the Planning Commission shall sign this Resolution 23-26 and the Secretary of the Planning Commission shall certify the adoption thereof.

BE IT FURTHER RESOLVED that a copy of this Resolution 23-26 be delivered to the City Clerk of Avalon and a copy be sent to the Applicant at the address set forth in the application for PC#2854.

DENIED AND ADOPTED this 6th day of December 2023, by the following vote:

AYES: Planning Commission Members:

NOES: Planning Commission Members:

ABSENT: Planning Commission Members:ABSTAIN: Planning Commission Members:
5 Chairman Bart Glass
ATTEST:

David Maistros, City Manager

CERTIFICATE
I, Dorma Romo, hereby certify that the foregoing Resolution 23-26 was adopted by the Plaiming Commission of the City of Avalon at a special meeting held on the day of, 2023, by the following vote, to wit:AYES: Planning Commission Members:

NOES: Plaming Commission Members:

ABSENT: Planning Commission Members:ABSTAIN: Planning Commission Members:

Donna Romo, Planning Administrative Assistant
6 EXHIBIT “A”

LEGAL DESCRIPTION
Street Address: 335 Wrigley Terrace Road (Wrigley Road), APN 7480-007-044 Real property in the City of Avalon, County of Los Angeles, State of California, described as follows:

PARCEL 1:LOTS 72, 73, 74, 75 AND 76 IN BLOCK 1, OFFICIAL MAP OF A PORTION OF THE CITYOF AVALON, IN THE CITY OF AVALON, COUNTY OF LOS ANGELES, STATE OFCALIFORNIA, AS PER MAP RECORDED IN BOOK 4 PAGES 15 TO 18 INCLUSIVE OFOFFICIAL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 1A:

A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS ONLY TO AND FROM PARCELS 1 TO PUBLIC ROADS OVER AND ALONG THE PRIVATE ROAD OF GRANTOR IN THE CITY OF AVALON, COUNTY OF LOS ANGELES, STATEOF CALIFORNIA, DESCRIBED AS FOLLOWS (BEING A PORTION OF THE ROADCOMMONLY KNOWN AS “WRIGLEY ROAD”).

THOSE PORTIONS OF LOT 1 IN BLOCK 16 OF LOT 2, BLOCK 24 OF LOT 100, BLOCK 15 OF LOT 102, BLOCK 15 OF LOT 103, BLOCK 1 PER THE OFFICIAL MAP OF THE CITY

OF AVALON, SANTA CATALINA ISLAND, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGES 31 TO 46 INCLUSIVE OFOFFICIAL MAPS OF SAID COUNTY AND FURTHER DESCRIBED AS FOLLOWS:A STRIP OF LAND 24.00 FEET IN WIDTH, THE NORTHERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 1 IN BLOCK 16 OF SAID MAP; THENCE SOUTH 37° 24’ 05” WEST 207.44 FEET TO THE TRUE POINT OF BEGINNING, BEING THE INTERSECTION OF THE NORTHERLY DESCRIBEDEASEMENT LINE WITH THE NORTHWESTERLY LINE OF SAID LOT 1.THENCE ALONG A 100.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, ARADIAL LINE BEARS NORTH 80° 55’ 46” EAST FROM THE RADIUS POINT OF SAID

CURVE TO SAID INTERSECTION, THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43° 35’ 48” A DISTANCE OF 76.09 FEET, THENCE NORTH 47° 23’ 49” WEST 19.25 FEET TO THE MOST SOUTHEASTERLY CORNER OF TRACT NO. 28830, AS PER MAP RECORDED IN BOOK 718 PAGES 68 TO 70 INCLUSIVE OF MAPS; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY BOUNDARY OF

SAID TRACT THROUGH ITS VARIOUS COURSES AND DISTANCES OF THE MOST 7 SOUTHEASTERLY CORNER OF SAID TRACT 28830, SAID CORNER ALSO BEING THE MOST SOUTHWESTERLY CORNER OF TRACT 31276, AS PER MAP RECORDED INBOOK 844 PAGES 21 THROUGH 26 INCLUSIVE OF MAPS; THENCE CONTINUINGALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF TRACT 31276 THROUGHITS VARIOUS COURSES AND DISTANCES TO A POINT AT WHICH SAID BOUNDARY INTERSECTS THE SOUTHWESTERLY LINE OF MIDDLE TERRACE ROAD, SAID ROADBEING SHOWN ON RECORD OF SURVEY FILED IN BOOK 65, PAGE 1 OF RECORD OF SURVEYS OF SAID COUNTY; SAID INTERSECTION POINT BEING 20.94 FEET DISTANT

FROM THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE, IN THE SOUTHEASTERLY LINE OF SAID ROAD HAVING A BEARING OF SOUTH 47° 46’ 34” EAST; THENCE SOUTH 47° 46’ 34” EAST 20.94 FEET; THENCE NORTH 4° 09’ 51” EAST

35.00 FEET; THENCE NORTH 14° 58’ 59” WEST 27.37 FEET; THENCE NORTH 3° 00’ EAST

49.00 FEET; THENCE NORTH 30° 00’ WEST 32.20 FEET, MORE OR LESS TO A POINT ON

THE PROLONGATION OF THAT CERTAIN COURSE IN THE SOUTHERLY LINE OFUPPER TERRACE ROAD SHOWN AS HAVING A BEARING AND LENGTH OF NORTH 81° 24’ 18” EAST 61.64 FEET, DISTANT THEREON 44.80 FEET FROM THE EASTERLY TERMINUS THEREOF; THENCE ALONG SAID PROLONGATION SOUTH 81° 22’ 44”WEST 44.80 FEET TO THE EASTERLY TERMINUS OF SAID UPPER TERRACE ROAD AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 65 PAGE 1 OF RECORD OFSURVEYS OF SAID COUNTY.

ALSO ALL OF LOT 103, BLOCK 1 OF SAID OFFICIAL MAPS AND ALSO A STRIP OFLAND LYING NORTHWESTERLY OF A LINE 30 FEET SOUTHEASTERLY MEASUREDAT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED LINE:

BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE NORTHWESTERLY LINE OF SAID LOT 103 SHOWN ON SAID MAP OF THE CITYOF AVALON AS HAVING A BEARING AND LENGTH OF NORTH 33° 31’ EAST 47.02 FEET; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 103 THE FOLLOWING COURSES, SOUTH 11° 32’ WEST 25.85 FEET SOUTH 25° 51’ WEST 75.00 FEET, SOUTH 20° 03’ WEST 100.45 FEET, SOUTH 28° 21’ WEST 59.11 FEET, SOUTH 39° 57’ WEST 37.00 FEET, SOUTH 52° 18’ WEST 37.00 FEET, SOUTH 64° 28’ WEST35.75 FEET, SOUTH 76° 51’ WEST 35.75 FEET, AND SOUTH 82° 00’ WEST 143.34 FEET,MORE OR LESS, TO THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OFLOT 81, BLOCK 15 OF SAID MAP, THE SOUTHEASTERLY LINE OF SAID 30 FOOT WIDE, STRIP SHALL BE PROLONGED NORTHEASTERLY SO AS TO TERMINATE IN THESOUTHERLY LINE OF LOT 87, BLOCK 15 AS SHOWN ON SAID OFFICIAL MAP OF THE CITY OF AVALON.

EXCEPT ALL MINERAL RIGHTS AND HYDROCARBONS RIGHTS AND SUBSTANCES BELOW A DEPTH OF 500 FEET WITHOUT THE RIGHT OF SURFACE ENTRY ASRESERVED BY SANTA CATALINA ISLAND COMPANY, A CORPORATION, IN DEEDRECORDED NOVEMBER 6, 1975 AS INSTRUMENT NO. 938 IN BOOK D6860 PAGE 358OFFICIAL RECORDS. 8 PLANNING COMMISSION MINUTES
December 6, 2023

AVALON PLANNING COMMISSION MEETING
WEDNESDAY DECEMBER 6, 2023

MINUTES
CALL TO ORDER-5:00 p.m.

ROLL CALL-, Commissioners, Bob Kennedy, Yoli Say, Eric Huart, Jessica Romero and Sandy Putnam, City Manager Dave Maistros, Senior Administrative Assistant Donna Romo, Project Manager Kelly Ribuffo and AV Specialist Jamie Hmeilak, Absent Chairman Bart Glass and Vice Chair Kathy Smith
PUBLIC COMMENTCONSENT CALENDAR- I items on the consent calendar.

1. Minutes
Motion to continue to January 17, 2024 (Lack of quorum) PUBLIC HEARING2. A Public Hearing considering a Site Plan Review and a Variance to allow a 6-foot tall masonry wall within the front yard setback and new gated carport pergolas for two autoette parking pads for a single-family residential property in the Multiple Family, Medium Density (MD) zone. The property is located at 335 Wrigley Terrace Road (Wrigley Drive).

First motion to approve died on the floor with not being seconded.Second motion was made to deny application based on Staff recommendation. (All Ayes. Commissioners Kennedy, Say, Romero, Putnam and Huart) City Manager Report:Transient Rental Survey conclude apx 1/2/2023. Staff will compile results and come up with a plan to bring to Planning Commission as early as spring 2024.

Commissioner Huart adjourned meeting at 5:45pm
I, Donna Terpinitz-Rorno, Senior Administrative Assistant, do hereby certify that the DVD videotape ofthe Planning Commission Meeting on December 6,2023 in City Hall.

PLANNING COMMISSION MINUTES
December 6, 2023
Donna Terpinitz-Romo/Senior Administrative Assistant
RESOLUTION NO. 23-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OFAVALON, CALIFORNIA, DENYING A SITE PLAN REVIEW AND AVARIANCE FOR A 6-FOOT TALL WALL AND 8-FOOT TALL GATED

CARPORT PERGOLAS IN THE FRONT YARD SETBACK, LOCATED AT
335 WRIGLEY TERRACE ROAD, AVALON, CALIFORNIA
Moved by Commissioner and seconded by Commissioner that the following Resolution be adopted:

WHEREAS, Eric Albert (“Applicant”) filed an application for Site Plan Review and a Variance (PC#2854) to allow a 6-foot tall masonry wall and new 8-foot tall gated carport pergolas for two autoette parking pads within the front yard setback of a single-family residential property in the Multiple Family, Medium Density (MD) zone (“Project”) at 335 Wrigley Terrace Road (Wrigley Road), APN 7480-007-044 (“Site”); and
WHEREAS, the Planning Commission has authority per Avalon Municipal Code (AMC) Sections 9-8.204.a and 9-8.401 to approve, conditionally approve, or disapprove a Site PlanReview and Variance to allow a 6-foot tall masonry wall and new 8-foot tall gated carport pergolas for two autoette parking pads within the front yard setback of a single-family residential property;and WHEREAS, the Site is located within the Coastal Zone and is excluded from Coastal Development Permit requirements per Avalon Municipal Code (AMC) Section 9-8.l02.b.l.; and WHEREAS, the Project was found to be statutorily exempt from CEQA per State CEQA Guidelines 15270 (Projects Which Are Disapproved). CEQA does not apply to projects which anagency rejects or disapproved as there can be no potential impact on the environment; and WhEREAS, the Planning Commission conducted one duly advertised public hearing on December 6, 2023, at which time interested persons had an opportunity to testify either in support of or opposition to granting a Site Plan Review and Variance upon property described in attached Exhibit “A”; and
WHEREAS, all other legal pre-requisites for the consideration of the Site Plan Review and Variance have occurred.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Avalon does hereby deny a Site Plan approval and Variance to allow a 6-foot tall masonry wall and new 8-foot tall gated carport pergolas for two autoette parking pads within the front yard setback of a single-family residential property, based on the following findings:

SECTION 1- FINDINGS
Site Plan Review:AMC Chapter 9-8.203 sets forth the required findings for approval of a Site Plan as follows:

I. Every use, development of land and application of development standards shall take place in compliance with all applicable provisions of this title. (AMC Section 9-

8.203.a)
It is the opinion of staff that findings for a Variance for wall and gate height cannot be made in compliance with AMC Section 9-8.405, as discussed below. Therefore. the proposed project cannot be found to be in compliance with all applicable provisions of Title 9, Planning and Zoning.

2. 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 ordevelopment intended, 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. (AMC Section 9-8.203.b)
The property is one of two single-family residences constructed between Upper Terrace Road and Wrigley Terrace Road. Due to the topography of the site, the existing residence is located below grade from Wrigley Terrace Road. This is a unique circumstance of the propertys development history that is not common amongst other properties within the “Terraces” neighborhood, which customarily have the upper floor of the building near or at grade with the adjacent roadway.

However, the configuration of site development, while unique to the property, does not prevent the applicant from complying with the intent of the zoning regulations for wall and gate height. As proposed, the project would have an adverse effect on the scenic views of Avalon Bay from Wrigley Terrace Road, which conflicts with General Plan/Local Coastal Plan Policies 11-2 and 11-3. As there are multiple design options that could be considered by the applicant that would better preserve the views from the public right-of.way and still achieve the goal of securing the property, the proposed project cannot be found to be suitable for the project site and does not meet the intent of this finding.

3. 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. (AMC Section 9-8.203.c)
The design elements in the proposed plans are consistent with the established design elements of the existing residence.
2 Variance:

AMC Chapter 9-8.405 sets forth the required findings for approval of a Variance as follows:

I. Variances from the terms of the Zoning Ordinance shall be granted only when. because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinancedeprives such properly of privileges enJoyed by other property in the vicinity and under identical zoning classification.

However, the configuration of site development, while unique to the property, does not prevent the applicant from complying with the intent ofthe zoning regulations for wall and gate height. The existing front property wall is shorter than permitted by code. Theapplicant has not adequately considered other options to secure the property that would either not require a variance, require a lesser variance, and/or would have less of an impact the scenic view of Avalon Bay’ from Wrigley Terrace Road. Options discussed with the applicant by staff included:
o Building a shorter wall;
o Proposing a wall/fence/gate design that would be see through, such as pickets or wrought iron; or
o Including defensible features only in areas where trespassing is a concern, such as where the roofline connects to the retaining wall.

2. Any variance granted shall be subject to such conditions as will assure that the adustmenf thereby authorized shall not constitute a grant of special l)ri’ilegcs inconsistent with the limitations upon other properties in tIme vicinity and zone in which such property is situated.

There are no conditions that could be placed on the project design that could address the inconsistency of the project with development standards and General Plan/Local Coastal Plan policies. The proposed project would block views ofthe coast for residents and visitors with a 6-foot tall solid masonry wall and carport gates. Multiple design options exist thatcould be considered by the applicant that would better preserve the scenic views from the public right-of-way and still achieve the goal of securing the property. The redesign of the 3 project should be further reviewed by staff and the Planning Commission prior to approval, which requires a subsequent public hearing and may result in recommended conditions of approval at that time.

3. A variance shall not be granted Ir a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

The project does not propose a use or activity that is not permitted in the MD-R zoning district.

Walls, gates, and carports are accessoty structures that are customarily built on residential properties. Therefore, the proposed project meets the intent of this finding.

4. No variances shall he granted which reduce or adversely affect access to or along the shoreline, including physical or visual qualities of access.

5. The variance shall be consistent with the Local Coastal Program.

The proposed project conflicts with the following General Plan and Local Coastal Program Goals and Policies:

Policy 11-2 of the Land Use Element:
‘Preserve and strengthen the visual andphysical connections between the waterfront, City Centei and neighborhoods surrounding the City Center, middle canyon, upper canyon and open spaces.’
Policy 11-3 of the Land Use Element:
“Incorporate the policies of the Coastal Act (Public Resources Code Section 30210 thro ugh 30263) as guiding policies ofCity ‘s land use.

Section 30251 ofthe Coastal Act states:

The scenic and visual qualities ofcoastal areas shall he considered andprotected as a resource ofpublic importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in 4 visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department ofParks and Recreation and by local governmentshall be subordinate to the character ofits setting.

The project site is located along Wrigley Terrace Road, which is a popular scenic routewith clear views ofAvalon Bay and associated coastal development. The proposed project would block views of the coast for residents and visitors with a 6-foot tall solid masonry wall and carport gates. There is no precedent set with the Terraces neighborhood for tall fences or walls at the front property line, and adding an opaque barrier that obscures views from Wrigley Terrace Road is not visually compatible with existing residential development. Multiple design options exist that could be considered by the applicant that would better preserve access to the scenic views from the public right-of-way for residents and visitors that would still achieve the goal of securing the property.

Therefore, without additional redesign, the proposed project does not meet the intent of this finding.

SECTION 2- ENVIRONMENTAL REVIEW
The proposed project is statutorily exempt from CEQA per State CEQA Guidelines 15270 (Projects Which Are Disapproved). CEQA does not apply to projects which an agency rejects or disapproved as there can be no potential impact on the environment.

SECTION 3- ADMINISTRATION
I. 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 property Site is excluded from Coastal Development Permit requirements per Avalon Municipal Code (AMC) Section 9-8.1 02.b. I.

3. The Chairman of the Planning Commission shall sign this Resolution 23-26 and the Secretary ofthe Planning Commission shall certify the adoption thereof BE IT FURTHER RESOLVED that a copy of this Resolution 23-26 be delivered to the City Clerk of Avalon and a copy be sent to the Applicant at the address set forth in the application for PC#2 854.

DENIED AND ADOPTED this 6th day of December 2023, by the following vote:

AYES: Planning Commission Members:NOES: Planning Commission Members:

ABSENT: Planning Commission Members:

ABSTAIN: Planning Commission Members:

Chairman Bart Glass
ATTEST:

David Maistros, City Manager

CERTIFICATE
1, Donna Romo, hereby certify that the foregoing Resolution 23-26 was adopted by the Planning Commission of the City of Avalon at a special meeting held on the day of, 2023, by the following vote, to wit:

AYES: Planning Commission Members:

NOES: Planning Commission Members:

ABSENT: Planning Commission Members:

ABSTAIN: Planning Commission Members:

Donna Rorno, Planning Adrn I nistrative Assistant
6 EXHIBIT “A”

LEGAL DESCRIPTION
Street Address: 335 Wrigley Terrace Road (Wrigley Road), APN 7480-007-044 Real property in the City of Avalon, County of Los Angeles, State of California, described as follows:

PARCEL I:

LOTS 72, 73, 74, 75 AND 76 IN BLOCK 1, OFFICIAL MAP OF A PORTION OF THE CITY OF AVALON, IN THE CITY OF AVALON, COUNTY OF LOS ANGELES. STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4 PAGES 15 TO 18 INCLUSIVE OF OFFICIAL MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL IA:

A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS ONLY

TO AND FROM PARCELS I TO PUBLIC ROADS OVER AND ALONG THE PRIVATE

ROAD OF GRANTOR IN THE CITY OF AVALON, COUNTY OF LOS ANGELES, STATE

OF CALIFORNIA, DESCRIBED AS FOLLOWS (BEING A PORTION OF THE ROAD COMMONLY KNOWN AS “WRIGLEY ROAD”).

THOSE PORTIONS OF LOT I IN BLOCK 16 OF LOT 2, BLOCK 24 OF LOT 100, BLOCK 15 OF LOT 102, BLOCK 15 OF LOT 103, BLOCK I PER THE OFFICIAL MAP OF THE CITY

OF AVALON, SANTA CATALINA ISLAND, COUNTY OF LOS ANGELES, STATE OF CAL1FORNIA, AS PER MAP RECORDED IN BOOK 1 PAGES 31 TO 46 INCLUSIVE OF OFFICIAL MAPS OF SAID COUNTY AND FURTHER DESCRIBED AS FOLLOWS:

A STRIP OF LAND 24.00 FEET IN WIDTH, THE NORTHERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST NORTHERLY CORNER OF LOT I IN BLOCK 16 OF SAID MAP; THENCE SOUTH 37° 24’ 05” WEST 207.44 FEET TO THE TRUE POINT OF

BEGINNING, BEING THE INTERSECTION OF THE NORTHERLY DESCRIBED EASEMENT LINE WITH THE NORTHWESTERLY LiNE OF SAID LOT I.

THENCE ALONG A 100.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE BEARS NORTH 80° 55’ 46” EAST FROM THE RADIUS POINT OF SAID

SAID TRACT THROUGH ITS VARIOUS COURSES AND DISTANCES OF THE MOST 7 SOUTHEASTERLY CORNER OF SAID TRACT 28830, SAID CORNER ALSO BEING THE MOST SOUTHWESTERLY CORNER OF TRACT 31276, AS PER MAP RECORDED INBOOK 844 PAGES 21 THROUGH 26 INCLUSIVE OF MAPS; THENCE CONTINUING ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF TRACT 31276 THROUGH ITS VARIOUS COURSES AND DISTANCES TO A POINT AT WHICH SAID BOUNDARYINTERSECTS THE SOUTHWESTERLY LINE OF MIDDLE TERRACE ROAD. SAID ROAD BEING SHOWN ON RECORD OF SURVEY FILED IN BOOK 65, PAGE 1 OF RECORD OFSURVEYS OF SAID COUNTY; SAID INTERSECTION POINT BEING 20.94 FEET DISTANTFROM THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE, IN THESOUTHEASTERLY LINE OF SAID ROAD HAVING A BEARING OF SOUTH 470 46’ 34”EAST; THENCE SOUTH 470 46’ 34” EAST 20.94 FEET; THENCE NORTH 4° 09’ 51” EAST

35.00 FEET; THENCE NORTH 14° 58’ 59” WEST 27.37 FEET; THENCE NORTH 30 00’ EAST

49.00 FEET; THENCE NORTH 30° 00’ WEST 32.20 FEET, MORE OR LESS TO A POINT ONTHE PROLONGATION OF THAT CERTAIN COURSE IN THE SOUTHERLY LINE OF

UPPER TERRACE ROAD SHOWN AS HAVING A BEARING AND LENGTH OF NORTH 810 24’ 18” EAST 61.64 FEET, DISTANT THEREON 44.80 FEET FROM THE EASTERLY TERMINUS THEREOF; THENCE ALONG SAID PROLONGATION SOUTH 81° 22’ 44” WEST 44.80 FEET TO THE EASTERLY TERMINUS OF SAID UPPER TERRACE ROAD ASSHOWN ON RECORD OF SURVEY FILED IN BOOK 65 PAGE 1 OF RECORD OFSURVEYS OF SAID COUNTY.

ALSO ALL OF LOT 103, BLOCK I OF SAID OFFICIAL MAPS AND ALSO A STRIP OFLAND LYING NORTHWESTERLY OF A LINE 30 FEET SOUTHEASTERLY MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED LINE:

35.75 FEET, SOUTH 76° 51’ WEST 35.75 FEET, AND SOUTH 82° 00’ WEST 143.34 FEET, MORE OR LESS, TO THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OFLOT 81, BLOCK 15 OF SAID MAP, THE SOUTHEASTERLY LINE OF SAID 30 FOOT WIDE,STRIP SHALL BE PROLONGED NORTHEASTERLY SO AS TO TERMINATE IN TI-IESOUTHERLY LINE OF LOT 87, BLOCK 15 AS SHOWN ON SAID OFFICIAL MAP OF THE CITY OF AVALON.

EXCEPT ALL MINERAL RIGHTS AND HYDROCARBONS RIGHTS AND SUBSTANCESBELOW A DEPTH OF 500 FEET WITHOUT THE RIGHT OF SURFACE ENTRY ASRESERVED BY SANTA CATALINA ISLAND COMPANY, A CORPORATION, IN DEED RECORDED NOVEMBER 6, 1975 AS INSTRUMENT NO. 938 IN BOOK D6860 PAGE 358OFFICIAL RECORDS. 8 C’?NSTRUCTI9N, INC.
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October 11, 2023
Kelly Ribuffo
Sagecrest Planning Services
City of Avalon
RE: 335 Wrigley Terrace RoadDear Kelly;
The subject property, 335 Wrigley Terrace Road in Avalon, is a steep parcel (36-degree slope) that is bordered on the south by Wrigley Terrace Road and the north by Upper Terrace Road. There is oneneighboring residence to the west, 333 Wrigley, whereas the easterly property is an unimproved lot. 335 Wrigley is a large single-family residence with a pool and landscaping on a large lot (5 combined smaller lots). The residence is consistent with other properties in the area.When the new owner, Eric Albert, recently purchased the property, he noticed that tourists frequently park their golf carts in front his residence and take photos, sometimes walking onto each of his carport decks. The area in front of his place is on the end of a blind curve, which is vulnerable to the tour buses and large trucks that traverse Wrigley when Pebbly Beach Road is closed.

At the length of his property bordering Wrigley Terrace Road, there is a white stucco wall that sits entirely on his lot, varying 23-33” in height; this is not sufficient to keep people from standing or sittingon the wall. This is of particular concern in that the ground level on his property is over 11’ below the wall and a fall from that height could be very serious at best. Additionally, the short wall height enables people to climb onto it and then onto his roof, causing damage and exposing him to further liability. To mitigate these liabilities and public safety issues, the owner would like to raise the wall to 6’ in height. This would eliminate the fall risks and stop people from being able to access his roof. Because the house itself and its adjoining landscape walls are stucco, the proposed increase of height should be stuccoed to match.Although the proposed 6’ wall would in no way block the view of any of the residents, concerns have been raised that it blocks the view for the tourists, to that end, we propose placing holes through the wall that photos can be taken through but are not large enough to crawl through. By this compromise,the threat to public safety and potential liability to the owner are both mitigated. 706 Pebbly Beach Rd. I P.O. Box 2703 I Avalon, CA 90704 Ph: (310) 510-1943 I Fax: (3101 510-2126
There are also two carport parking areas bordering Wrigley on this property, one at the east and west end. These areas have become “viewing decks” for people to meet and talk and take photos. The owner would like to cover these decks and install retractable gates to prevent the public from gathering in these areas. Because of the steepness of the lot, the carport areas should be allowed within the setback.

To illustrate the need for a higher, non-climbable wall and gates, an event occurred at 335 Wrigley recently. Someone climbed onto his lower wall in the carport area and over the iron on top of it. They then broke in and lived in the house until they were discovered by the gardener. When they police went up to check it out, the intruder fired a gun at the deputies through the door, this initiated a full SWAT response with helicopters..., big story for our little town. I know one of the deputies and it was a very close call for him and his captain.

It is worthy of note that the neighboring residence, 333 Wrigley has an existing 6’ fence which prevents the public from gathering at that location.

We recognize that the Avalon Municipal Code only allows the front wall of a property to be 42” in height. Therefore, we request a variance for the following reasons:
1) Eliminate the public safety risk and liability to the owner in the event someone falls over the wall or off the roof.
2) Prevent people from congregating in front of 335 Wrigley at the end of a blind corner, thereby reducing traffic and public safety risk.
3) Allow a wall/fence height consistent with the neighbor at 333 Wrigley. 4) A white stucco wall is consistent with the large white wall bordering the south side of Wrigley. 5) Because 335 Wrigley was not built to a height of 14’ above the street (which is allowed), it has created an unusual condition requiring this 6’ wall. If the house itself had been built to its allowable height, there would be no need for the higher wall. One of the concerns in limiting heights of residences is blocking the views of others. Approving a 6’ wall in this location is muchless of a view limit than a 14’ residence.

Thank you, please contact me if you should have any concerns or require any further information.

Sincerely,
Brian TuckerFineline Construction
706 Pebbly Beach Rd. I P.O. Box 2703 I Avalon, CA 90704 Ph: (3101 510-1943 I Fax: (3101 510-2126

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(°NSTRUUI°H. INC
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DATE: 12/3 1/2023
To whom it may concern,
Fine Line Construction would like to formally request to file an “APPEAL” of the denial by the Planning Commission at the December 6, 2023 Planning Commission meeting in regards to projeci number PC#2854. Project address is 355 Wrigley Terrace Road. Avalon, CA 90704. Owner of the property is Eric Albert — eric.albert I 65thgmail.com
Please find attached check 113063 I in the amount of $455.00 for the application fee.

Thank you for our consideration in this matter.

Have a great day.

Sincerely.

Title: General Manager
Fine Line Construction, Inc.708 Pebbly Beach Road
P.O. Box 2703, Avalon, Ca 90704
C9MSTRUCTI9M, INC.
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December 28, 2023
Kelly Ribuffo
Sagecrest Planning ServicesCity of Avalon
RE: 335 Wrigley Terrace RoadDear Kelly;
This letter is written in appeal of the Planning Commission meeting of December 6th, 2023, which did not approve our variance request for a 6’ high solid stucco wall and 6’ solid gates at the adjacent pergolas. The reason the wall was not approved center around the scenic view of the public being blocked by the wall.

The conditions that exist for our desire to construct the wall remain and largely center around the health and safety of the public at large as well as the liability of our client and the property owner, Eric Albert, which we believe outweigh view concerns. Our further rationale for the approval of this wall is contained in my letter of10/18/23 which is part of the 12/6/23 staff report. For purposes of clarity, we have labeled this as option “A” of the attached photos.

If it is determined by the council that the 6’ high wall does not meet the requirements for a variance, we would like to propose a compromise that was already mentioned at the Planning Commission meeting. Rather than the wall being 6’ high and entirely solid with niches, the bottom 42” of the wall could be solid with no niches and the upper30” being an open iron design which would not impede the view of the public to the degree of a solid wall. The design of the iron would follow the code requirement of being less than 4” on center and would extend to theadjacent carport pergola gates. This is shown as option “B” in the attached photos.

As a third option which is the same as option “B” we would like to propose adding 8” square pillars every 20’ linealfeet of wall. The pillars break up the long run of railing and make the wall much more visually appealing. This is option “C”.

A sketch of this proposed compromise as well as some photo exhibits are attached.

Thank you, please contact me if you should have any concerns or require any further information.

Sincerely,
Brian Tucker
Fineline Construction
706 Pebbly Beach Rd. I P.O. Box 2703 I Avalon, CA 90704 Ph: (310) 510-1943 I Fax: (310) 510-2126
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CITY OF AVALON CITY COUNCIL
MEETING DATE: January 16, 2024 AGENDA ITEM:
c1
ORIGINATING DEP: Administration CITY MANAGER: _______ PREPARED BY: Devin Hart, Management Analyst SUBJECT: Ratification of Prior Action — State of Emergency Proclamation for January 2024 Storm Surge Damage
RECOMMENDED ACTION(S): Adopt a resolution ratifying prior action of the City Manager and making the appropriate findings in proclaiming the existence of a local emergencycaused by significant storm surge on January 10, 2024.

REPORT SUMMARY: On January 10, 2024 significant storm surge, exacerbated by king tide conditions and high winds, caused damage to the roadway and shoreline public access along Pebbly Beach Road near Lover’s Cove.On January 11, 2024, the City Manager, exercising his authority as the Director of Emergency Services of the City of Avalon (per Avalon Municipal Code Section 4-2.06(a)), made a declaration of a local state of emergency due infrastructure failures resulting from significant storm surge.

The fiscal impact of the damages to the City infrastructure related to this weather event is still being determined.

There is no fiscal impact to declaring a State of Emergency; however, the City may be limited or prohibited from applying for potential disaster related recovery funds without a formal declaration.

Under California Government Code Section 8630 (b) and Avalon Municipal Code Section 4-

2.06(a), a proclamation of local emergency must be ratified by the City Council within seven (7) days to remain in effect.

City Staff recommend the City Council adopts a resolution ratifying the prior action of theCity Manager and make the appropriate findings in proclaiming the existence of a local emergency caused by January 10, 2024 storm surge events.

FISCAL IMPACTS: To be determined.

GOAL ALIGNMENT: City Infrastructure.CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City and private property owners negatively affected by storm damage may not have the opportunity to pursue county and state agency relief funding.

FOLLOW UP ACTION: City Staff will work to determine storm impacts and coordinate with county and state agencies to following steps required to pursue relief funding.

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

ATTACHMENTS: Resolution
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON PROCLAIMING

EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, Ordinance No. 670 (1979) of the City of Avalon (City) empowers the Director of Emergency Services (City Manager) to request the City Council to proclaim the existence or threatened existence of a local emergency; and
WHEREAS, the City Council has been requested by the Director of Emergency Services of said City to proclaim the existence of a local emergency therein; and WHEREAS, on January 10, 2024, Santa Catalina Island and the City of Avalon experienced significant storm surge conditions exacerbated by king tide conditions and high winds; and WHEREAS, as a city on an island which is also surrounded by mountains, Avalon is particularly vulnerable to conditions caused by excessive rain, high winds and surf; and WHEREAS, the fiscal impact of the damages to the City, and private infrastructure related to this weather event is still being determined; and
WHEREAS, the City Manager, acting as Director of Emergency Services, proclaimed the existence or threatened existence of a local emergency on January 11, 2024; and WHEREAS, the City Council does hereby find:

1. That conditions of extreme peril to the safety of persons and property have arisen within the City of Avalon and Santa Catalina Island, caused by a significant storm surge event on January 10, 2024;

2. That the condition and initial assessment of damage to City infrastructure facilities may exceed the capability of the City to address and correct without the assistance of the County, State andFederal government;

3. That the aforesaid conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency; and

4. The City Council ratifies the emergency declaration issued by the City Manager on January 11, 2024; and

5. There is need to take certain actions to protect those who must provide emergency services.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED the City Council of the City of Avalon that a local emergency now exists throughout the City of Avalon and Santa Catalina Island; and IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by state law, by ordinances and resolutions 1 of this City, and/or resolutions approved by the City Council on January 16, 2024.

IT IS FURTHER PROCLAIMED AND ORDERED that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Avalon, State of California.

IT IS FURTHER PROCLAIMED AND ORDERED that the Director of Emergency Services is directed to pursue all available funding and assistance for repairs, emergency services, clean-up and other necessary steps to respond to the local emergency as well as coordinate with local, State andFederal authorities to assess the next steps available to take action to protect and preserve the publicsafety, health and welfare.

IT IS FURTHER PROCLAIMED AND ORDERED that the Director of Emergency Services is directed to take all appropriate actions to undertake and address the repairs and conditions necessaryas well as other conditions that may exist that are currently unknown but which were caused by thesevere storm surge and windy conditions.

IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this proclamation be forwarded to the Director of California’s Governor’s Office of Emergency Services requesting that theDirector find it acceptable in accordance with State law; that the Governor of California pursuant to theEmergency Services Act, and all other appropriate powers, issue a proclamation declaring an emergencyin the City of Avalon and Santa Catalina Island; that the Governor waive regulations and laws that may hinder response and recovery efforts; that recovery assistance be made available utilizing the CaliforniaDisaster Assistance Act funds, State Private Nonprofit Organizations Assistance Program funds, SmallBusiness Administration and any other local, State or Federal Funds available to mitigate thisemergency which include, but are not limited to, weather response, repair and recovery costs and that the Governor request that the President of the United States make a Presidential Declaration of Emergency in and for the City of Avalon and Santa Catalina Island and make all relevant funds and assistance available to the City of Avalon, Santa Catalina Island and all eligible community membersand businesses.

PASSED, APPROVED AND ADOPTED at a meeting of the City Council of the City of Avalon on this l6uhl day ofJanuary, 2024, by the following vote:AYES:

NAYS:

ABSENT:ABSTAIN:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk & Senior Administrative Assistant 2 CITY OF AVALON CITY COUNCIL
10 MEETING DATE: January 16, 2024 AGENDA ITEM:

ORIGINATING DEP: Harbor CITY MANAGER: ______ PREPARED BY: Orne Carstarphen, Harbor Master SUBJECT: Waterside Project Application — Huttopia
RECOMMENDED ACTION(S): City Council make the affirmative finding that conditions set forth in the Avalon Municipal Code have been met and grant a Waterside Project Application to Huttopia, with the following conditions:

1. All operations to load and unload passengers will take place on the Pleasure Pier floats or Cabrillo Mole floats on a space available basis, except on cruise ship days when all loading and unloading will be from the floats on the Pleasure Pier.

2. Applicant abides by the Standard List of Conditions for Waterside Permit Holders.

REPORT SUMMARY: The applicant has submitted a Waterside Project Application for the use of a 23 foot vessel to transport guests between Avalon Harbor and Whites Landing between April and November. Huttopia does not expect to run more than two trips per day and will not be moored in Avalon overnight. Huttopia personnel will make on-call docking arrangements bycontacting Harbor Patrol on VHF Channel 12, prior to their arrival. Huttopia has replaced Mountain & Sea Adventures as lessee & operator of White’s Landing. Mountain & Sea Adventures has relinquished their Waterside Permit which included two larger vessels.

In my opinion as Avalon Harbor Master, this project will not result in any additional boat trips, or have substantial negative impact on facilities or harbor services, except as noted in subsection (2), below and the findings required by the Municipal Code can be made.Section 10-2.416 of the Municipal Code provides that a waterside permit may only be granted where the City Council is able to make the following affirmative findings:
(1) The project will not result in a substantial alteration of the City’s present or planned waterside uses of the A valon Harbor,
(2) With regard to transportation and circulation, the project (i) will not generate substantial additional boat trips, including shoreboat trips, or other movement within AvalonHarbor; (ii) will not have a substantial negative impact upon existing mooring, docking, or otheranchorage facilities; (iii) will not have a substantial impact on other modes and systems of transportation; (iv) will not result in substantial alterations of present patterns of circulation or movement of people and/or goods; (v) will not increase traffic hazards to swimmers, boaters, orother existing activities; and (vi) will not restrict or alter existing coastal access; Impact: The Pleasure Pier floats see heavy usage in the summer months by rental kayaks, pedal boats, small rental motor boats along with personal dinghies and pleasure boat traffic.Mitigation: Huttopia’s use of City floats is on-call only and they will be required to contact the Harbor Office for docking arrangements upon arrival. Additionally, the Mole floats will be available on non-cruise ship days.
(3) The project will not have a substantial impact upon, and will not result in, a need for new or altered governmental services, including but not limited to fire, police, maintenanceof facilities, and harbor department services; (4) The project will not result in the use of substantial amounts of fuel or other forms of energy or substantially increase the demand upon existing energy or require the development of new sources of energy;
(5) The project will not result in the need for new utility systems or a substantial alteration of existing sources orsystems for power, natural gas, communications, water, sewagedisposal or solid waste; (6) The project will not obstruct any scenic vista or view open to the public, and will not result in the creation of an aesthetically offensive site which is open to public view; (7) The project will not result in a substantial negative impact upon the quality and quantity of existing recreational opportunities or result in alterations or restrictions to coastalaccess; (8) The applicant is fit to be entrusted with the privileges of a permit, in that he has not engaged in prior violations ofthe City’s harborregulations, including the provisions of this article, has timely paid any harbor-related fees and has not presented checks returned for insufficientfunds.

The Municipal Code also provides that the “City Council may deny the permit where the impacts listed in paragraphs (1)through (8) above are cumulatively significant, even though the individualimpacts are limited. The City Council may approve a project where mitigation measures eliminating significant impacts are incorporated into the project, and the approval shall beconditioned upon the implementation of such mitigation measures. The failure to comply and maintain any mitigation measures shall be a basis for suspension or revocation of a watersidepermit.” GOAL ALIGNMENT: Enhance recreational camping activities.

FISCAL IMPACTS: Unknown, potential Harbor Use Fees.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Huttopia would need to make arrangements with existing waterside permit holder charter boat operations to move groups.

FOLLOW UP ACTION: Notify Huttopia of the City Council’s decision.

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

ATTACHMENTS:

1. Waterside Project Application

2. Waterside Permit Standard List of Conditions
Waterside Permit Application
12/01/2023 12;17 PM (PST)
Waterside Permit Application
Deadline for new apphcation is December 15th of each year Name of Applicant Huttopia North America
Email administration@huttopiacomName of Business/Project HuttopiaPhysical Avalon Location of 1 White’s Landing CA 90074 Operation
Project/Business Description Summer camp accomodation in White LandingOn the map provided, sketch the projectihusiness activities, showing the proposed locations of all waterborne traffic and activity
Submission ID: b9cad5d6-96ce-4435-bd4f-85o26e65aa6d Page 1/5 1 so
Small boat
Schedule On demand
For scheduled services, including We plan on picking up guest on demand, small groups without queuing shore boats, where wifl queuing
be and for what duration?
How will people be transported to Boat or car
the facinty?
How often? 1/dayNumber of passengers per trip? 10
If the proposed business/activity requires a new structure or modification to harbor facilities or the harbor itself,including the moles and pier, attach the proposed plans.How many employees would be 0 Avalon-based?
Hours of OperationDays of OperationMonths of OperationDoes this activity include overnight accommodations?
Number
Trips per dayType
1 h/daysFriday / Saturday / Sunday mostly and a few days/week April to November
• On Shore
2 Submission ID: b9cad5d6-96ce-4435-bd4f-85c26e65a6d Page 2/5 VHF Channels TBD
Phone 5186941391
If a sign will be required, list the size and submit a drawing. Please note that a Sign Permit Application must be obtained from and submitted to the Planningpartment for approval.

Please attach all permits and certifications required to legally perform the activity being applied for in this application.

Applicant agrees that if this Waterside Permit is granted, he/she will conduct his/her business in accordance with all federal, state, and local laws, including the City’s planning and zoning laws. Applicant also agrees to abide by theterms of this Permit and all rules, regulations, and/or restrictions placed upon it by the City Council. Applicant mustfollow all regulations regarding the use of City facilities. This Permit may be revoked, suspended, or furtherconditioned at any time by the City Council for violations of the foregoing, or immediately in the City Manager’sdiscretion if the public’s health, safety, or well-being is threatened by the actions or inactions of the Applicant.

Failure to pay use fees shall also be a violation of the terms of this Permit. Any decision made by the City Council regarding this Permit is final and conclusive. Decisions of the City Manager may be appealed to the City Council if the City is notified within 10 days of the City Manager’s decision, but the City’s Manager’s decision shall remain ineffect until the next regular meeting of the City Council at which an appeal may be heard.

Applicant Name Huttopia North America
Business/Activity NameDate
Huttopia12/01/2023
Standard List of Conditions Relating to Waterside Project Applications

1. Section 1-6.01 Public Liability Insurance
Sec. 1-6.01 Public Liability Insurance. Applicants for permits or franchises and parties to leases and contracts with the City ofAvalon may be required by the Avalon Municipal Code or the City Manager to maintain a policy of public liability insurance.Such policy shall:
(a) Contain broad form commercial general liability insurance, or in the case of marine operations, the substantial equivalent, with respect to the Premises, as applicable and the permittee, franchisee, contractor or lessees’ activities with a combined single limit of not less than $1,000,000 per occurrence and aggregate. Such insurance shall be produced by an insurerauthorized to do business in California with a then current Best’s Insurance Guide Rating of not less than A-Vll. , shall namethe City of Avalon, its officers, agents and employees as additional nsureds, and shall contain a provision that prohibitscancellation, modification or: and (b) Name the City as additional insured and contain a waiver of subrogation against the named insured or respective officers, employees, agents: and
(c) Provide that it may not be canceled without at least thirty (30) days prior written notice to the City; and(d) Provide primary and not excess coverage Insurance coverage shall be subject to the approval of the City.

The applicant shall provide evidence of such insurance coverage by providing the City with a copy of the policy and/or a copyof a fully explanatory certificate of insurance, as determined by the City.2. Section 10-2.402 Use of Harbor Related Facilities: Use Fees Submission ID: b9cad5d6-96ce-4435-bd4f-85c26e65aa6d Page 315 Wharfage, dockage, landing and use fees for the use of or impact upon any harbor or harbor-related facility owned or controlled by the City of Avalon shall be as follows;(a) Except as otherwise specifically provided in this article, for all boats, ships, vessels, airplanes or other transportation facilities carrying passengers for hire or charter, whether operating under the authority of the California Public UtilitiesCommission or not, which land, discharge, load, or embark passengers on, to, or from such City harbor facilities Two Dollarsand Fifty Cents ($2.50) per passenger so landed, discharged, loaded or embarked. Commencing on March 1, 2019, andending on February 28, 2021, the fee shall be increased as follows:(1) Three ($3.00) Dollars for each passenger so landed, discharged, loaded, or embarked.(c) For businesses engaged in the operation of excursion boats using such facilities for landing, discharging, loading or embarking passengers on, to, or from such facilities, seven (7%) percent of the gross receipts of such business derived fromsuch use. For the purpose of this section, “excursion boats” shall mean vessels operating from points in the City and returning
thereto for sightseeing scenic tours or as pleasure cruises, and carrying passengers for hire, but not providing facilities forovernight stays. (d) For businesses engaged in the operation of “shore boats,” as defined herein, and using such facilities for landing, discharging, loading or embarking passengers on, to, or from such facilities, seven (7%) percent of the gross receipts of such business derived from such use, excepting therefrom receipts for transportation of passengers to and from “cruise ships,” as defined in subsection (b) herein, or as otherwise provided in an applicable franchise agreement issued pursuant to Section 10-2.410. For the purpose of this section, “shore boats” shall mean vessels carrying passengers or freight for hire to and fromboats moored within or without City waters to the shore in Avalon, between such boats in City waters or between paints on the shore in Avalon.
(e) Operators of fishing tournaments whose participants use City harbor facilities during the course of such tournaments shall comply with the provisions of Title 3, Chapter 3 regarding admissions taxes as applied to entry fees charged for participation in such tournament.(f) For all other businesses not otherwise expressly provided for in this Section 10-2.402 carrying passengers for hire by vessel from points in the City and retuming thereto, or from one point in the City to another point therein, or engaged in the renting, leasing, or chartering of boats, paddle boards, rafts, or other floating watercraft for hire and using City harbor facilities, or whose patrons regularly use such facilities for launching, landing, boarding, unloading, embarking or disembarking, docking,or other similar uses, or whose business activities involve the use of such facilities, seven (7%) percent of the gross receiptsderived from such use. (g) The fees for the use of such facilities by those not falling within the classifications set forth in subsections (a) through (d) of this section shall be determined initially by a schedule adopted by the Council or shall be incorporated into the flat rental ofany contract, permit, lease, franchise or other agreement entered into for use of the facilities.3. Section 10-2.410 Permits; Franchises to Conduct Businessa. All businesses operating in the harbor, except those enumerated in paragraph (b) of this section, shall maintain a shore base of operations or an office in Santa Catalina Island. Such office shall have a business telephone, which is covered twenty four (24) hours a day. An answering service or mechanical means of answering may be used provided messages are checked no less than three (3) times per day.

4. In addition to the provisions of Section 10-2.402. all businesses operating within the harbor, except those operating pursuant to a franchise issued by the City shall;(ii.) In the case of waterside pen’nit holders other than cross-channel carriers, pay to the City a non-refundable use fee deposit of One Thousand ($1000.00) Dollars, payable in two (2) installments of Five HLindred ($500.00) Dollars each, the first installment on the inception of operations within the Avalon Harbor and the second on August 1. The use fee deposit may be applied against use fees due aridowing under Section 10-2.402 at such time that the permittee has made timely payment of use fees for thirteen (13)consecutive months. (iii.) In all cases where the business operates seven (7) or more months during any twelve (12) month period, pay to the Cityuse fees under Section 10-2.402 no fewer than seven (7) months of any twelve (12) month period, and in no event less thanthe sum of twenty five ($25.00) Dollars per month for each month the business is operating and reports sales receipts. (iv.) In all cases where the business operates fewer than seven (7) months during any twelve (12) month period, pay to the City a use fee of Two Hundred ($200.00) Doll ais for each month the business is closed or does not report any sales receipts.6. All vessels over sixteen (16) feet in length operated for hire or used to conduct work in the harbor shall be equipped with a marine radio which shall be monitored at all times that the vessel is in operation.

Submission ID; b9cad5d6-96ce-4435-bd4f-85c26e65aa6d Page 4/5

7. All businesses operating in the harbor shall maintain all equipment, materials, facilities, machinery and vessels utilized in the operation of the licensed business in a good working condition, and such businesses shall only employ workers who are qualified to conduct the duties appropriate to the licensed business.

4. Resolution 96-36 Mandatory Activation Dates for Waterside PermitsSection 4. All newly permitted businesses must have proof of insurance, other required permits and/or leases, and all requireddeposits in place prior to commencing business operations in Avalon Harbor. All new permits issued before January 31 willexpire on April 1 of the year of issuance unless the business is operating as of that date. All new permits issued after January31 will expire sixty (60) days after issuance unless the business is operating as of that time. The Harbor Master shall have the authority to grant one extension of thirty (30) days of the time within which a business must be operating, upon showing agood cause.

Submission ID: b9cad5d6-96ce-4435-bd4f-85c26e65aa6d Page 5/5 Standard List of Conditions Relating to Waterside Project Applications

1. Section 1-6.01 Public Liability Insurance
Applicants for permits or franchises and parties to leases and contracts with the City of Avalon may be required by the Avalon Municipal Code or the City Manager to maintain a policy of public liability insurance. Such policy shall:
(a) Contain broad form commercial general liability insurance, or in the case of marine operations, the substantial equivalent, with respect to the Premises, as applicable and the permittee, franchisee, contractor or lessees’ activities with a combined single limit of not less than $1 ,000,000 per occurrence and aggregate. Such insurance shall be produced by aninsurer authorized to do business in California with a then current Best’s Insurance GuideRating of not less than A-Vu. , shall name the City of Avalon, its officers, agents and employees as additional insured, and shall contain a provision that prohibits cancellation, modification or; and
(b) Name the City as additional insured and contain a waiver of subrogation against the named insured or respective officers, employees, agents; and (c) Provide that it may not be canceled without at least thirty (30) days prior written notice to the City; and
(d) Provide primary and not excess coverage Insurance coverage shall be subject to the approval of the City.

The applicant shall provide evidence of such insurance coverage by providing the City with a copy of the policy and/or a copy of a fully explanatory certificate of insurance, as determined by the City.2. Section 10-2.402 Use of Harbor Related Facilities: Use Fees Wharfage, dockage, landing and use fees for the use of or impact upon any harbor or harborrelated facility owned or controlled by the City of Avalon shall be as follows:
(a) Except as otherwise specifically provided in this article, for all boats, ships, vessels, airplanes or other transportation facilities carrying passengers for hire or charter, whether operating under the authority of the California Public Utilities Commission or not, which land, discharge, load, or embark passengers on, to, or from such City harbor facilities Two Dollars Fifty Cents ($2.50) for each passenger so landed, discharged, loaded or embarked. Commencing on March 1, 2019, and ending on February 28, 2021, the fee shall be increased as follows:
(1) $3 for each passenger so landed, discharged, loaded, or embarked (b) Except as otherwise provided in paragraph (6) below, for all cruise ships, the fee as laid out in subsection (a) above, which fee shall be levied upon one hundred (100%) percent of the manifest passengers, excluding persons employed upon the vessel. As used in this section “cruise ship” means a vessel which lists Avalon as a port-of-call and which anchors so as to permit passengers to disembark and to return to the same vessel. Commencing on July 1, 2017, the fee shall be increased as follows:
(1) Three ($3.00) Dollars for each passenger so landed, discharged, loaded or embarked between July 1,2017 and June 30, 2018;
(2) Three Dollars and Fifty ($3.50) Cents for each passenger so landed, discharged, loaded, or embarked between July 1,2018, and June 30,2019; (3) Four ($4.00) Dollars for each passenger so landed, discharged, loaded, or embarked between July 1,2019 and June 30, 2020;
(4) Four Dollars and Fifty ($4.50) Cents for each passenger so landed, discharged, loaded, or embarked between July 1, 2020 and June 30, 2021;
(5) Five ($5.00) Dollars for each passenger so landed, discharged, loaded, or embarked on or after July 1, 2021; and
(6) In consideration for a cruise line deploying a second ship to Catalina for fifty (50) or more calls per year, the City of Avalon will pay to the cruise line an annual marketing incentive equal to fifty (50%) percent of the wharfage fees collected for the second ship, payable quarterly, inarrears. (C) For businesses engaged in the operation of excursion boats using such facilities for landing, discharging, loading or embarking passengers on, to, or from suchfacilities, seven (7%) percent of the gross receipts of such business derived from such use. For the purpose of this section, “excursion boats” shall mean vessels operating from points in the City and returning thereto for sightseeing scenic tours or as pleasure cruises and carrying passengers for hire, but not providing facilities for overnight stays. (d) For businesses engaged in the operation of “shore boats,” as defined herein, and using such facilities for landing, discharging, loading or embarking passengers on, to, or from such facilities, seven (7%) percent of the gross receipts of such business derived from such use, excepting therefrom receipts for transportation of passengers to and from “cruise ships,” as defined in subsection (b) herein, or as otherwise provided in an applicable franchise agreement issued pursuant to Section 10-2.410. For the purpose of this section, “shore boats” shall mean vessels carrying passengers or freight for hire to and from boats moored within or without City waters to the shore in Avalon, between such boats in City waters or between points on the shore in Avalon.
(e) Operators of fishing tournaments whose participants use City harbor facilities during the course of such tournaments shall comply with the provisions of Title 3, Chapter 3 regarding admissions taxes as applied to entry fees charged for participation in such tournament.
(f) For all other businesses not otherwise expressly provided for in this Section 10-

2.402 carrying passengers for hire by vessel from points in the City and returning thereto, or from one point in the City to another point therein, or engaged in the renting, leasing, or chartering of boats, paddle boards, rafts, or other floating watercraft for hire and using City harbor facilities, or whose patrons regularly use such facilities for launching, landing, boarding, unloading, embarking or disembarking, docking, or other similar uses, or whose business activities involve the use of such facilities, seven (7%) percent of the gross receipts derived from such use.
(g) The fees for the use of such facilities by those not falling within the classifications set forth in subsections (a) through (d) of this section shall be determined initially by a schedule adopted by the Council or shall be incorporated into the flat rental of any contract, permit, lease, franchise or other agreement entered into for use of the facilities.

3. Section 10-2.410 Permits; Franchises to Conduct Business (3) All businesses operating in the harbor, except those enumerated in paragraph (b) of this section, shall maintain a shore base of operations or an office in Santa Catalina Island.

Such office shall have a business telephone, which is covered twenty four (24) hours a day.

An answering service or mechanical means of answering may be used provided messages are checked no less than three (3) times per day.
(4) In addition to the provisions of Section 10-2.402, all businesses operating within the harbor, except those operating pursuant to a franchise issued by the City shall:
(ii.) In the case of waterside permit holders other than cross-channel carriers, pay to the City a non-refundable use fee deposit of One Thousand ($1000.00) Dollars, payablein two (2) installments of Five Hundred ($500.00) Dollars each, the first installment on theinception of operations within the Avalon Harbor and the second on August 1. The use fee deposit may be applied against use fees due and owing under Section 10-2.402 at such time that the permittee has made timely payment of use fees for thirteen (13) consecutive months. (iii.) In all cases where the business operates seven (7) or more months during any twelve (12) month period, pay to the City use fees under Section 10-2.402 no fewer than seven (7) months of any twelve (12) month period, and in no event less than the sum of twenty five ($25.00) Dollars per month for each month the business is operating and reports sales receipts.
(iv.) In all cases where the business operates fewer than seven (7) months during any twelve (12) month period, pay to the City a use fee of Two Hundred ($200.00) Dollars for each month the business is closed or does not report any sales receipts. (5) The charges authorized by paragraph (4) of this section shall be in addition to any payments pursuant to the provisions of any lease agreement. (6) All vessels over sixteen (16) feet in length operated for hire or used to conduct work in the harbor shall be equipped with a marine radio which shall be monitored at all timesthat the vessel is in operation. (7) All businesses operating in the harbor shall maintain all equipment, materials, facilities, machinery and vessels utilized in the operation of the licensed business in a good working condition, and such businesses shall only employ workers who are qualified to conduct the duties appropriate to the licensed business.

4. Resolution 96-36 Mandatory Activation Dates for Waterside Permits Section 4. All newly permitted businesses must have proof of insurance, other required permits and/or leases, and all required deposits in place prior to commencing businessoperations in Avalon Harbor. All new permits issued before January 31 will expire on April 1 of the year of issuance unless the business is operating as of that date. All new permits issued after January 31 will expire sixty (60) days after issuance unless the business is operating asof that time. The Harbor Master shall have the authority to grant one extension of thirty (30) days of the time within which a business must be operating, upon showing a good cause.

CITY OF AVALON CITY COUNCIL
MEETING DATE: January 16, 2024 AGENDA ITEM: It
ORIGINATING DEP: Harbor CITY MANAGER: jA1lU..

PREPARED BY: Orne Carstarphen, Harbor Master
SUBJECT: Waterside Project Application — Avalon Aquatic Excursions RECOMMENDED ACTION(S): City Council make the affirmative finding that conditions set forth in the Avalon Municipal Code have been met and grant the Waterside Project Applicationto Avalon Anglers, with the following conditions:

1. All operations to load and unload charter passengers will take place on Pleasure Pier floats except on cruise ship days when all loading and unloading will be from Jet Ski Corp end float located at the end of the Pleasure Pier.

2. Applicant abides by the Standard List of Conditions for Waterside Permit Holders.

REPORT SUMMARY: The applicant has submitted a Waterside Project Application to offer sightseeing, whale and dolphin watching trips, and Snorkeling tours.

Avalon Aquatic Excursions proposes the use of a 26’ boat to conduct 6 Pack Coastal whale and dolphin watching trips, and Snorkeling tours in the Avalon area. Avalon Aquatic Excursions proposes to operate 7 days a week, and on Cruise Ship days from January 1, toDecember 31, and between the hours of 8:00 am. to 8:00 p.m. The vessel will obtain a mooring from Avalon Harbor Patrol as needed. Float space is generally available on noncruise ship days however on cruise ship days Avalon Aquatic Excursions will operate from Catalina Jet Ski Corp End Float located at the end of the Pleasure Pier. When the end float is removed during from October 16th to May l5” each year, Avalon Aquatic Excursions will not operate on cruise ship days.

In my opinion as Avalon Harbor Master, the project will not result in any substantial negative impact upon Avalon Harbor floats, except as noted in subsection (2), below.

Section 10-2.416 of the Municipal Code provides that a waterside permit may only be granted where the City Council is able to make the following affirmative findings:
(1) The project will not result in a substantial alteration of the City’s present or planned waterside uses of the Avalon Harbor;
(2) With regard to transportation and circulation, the project (i) will not generate substantial additional boat trips, including shoreboat trips, or other movement within Avalon Harbor; (ii) will not have a substantial negative impact upon existing mooring, docking, or other anchorage facilities; (iii) will not have a substantial impact on other modes and systems of transportation; (iv) will not result in substantial alterations of present patterns of circulation or movement of people and for goods; (v) will not increase traffic hazards to swimmers, boaters, or other existing activities; and (vi) will not restrict or alter existing coastal access; Impact: The Pleasure Pier floats see heavy usage in the summer months by rental kayaks, pedal boats, small rental motor boats along with personal dinghies and pleasure boat traffic.Mitigation: Avalon Aquatic Excursions’ use of City floats is on-call only and they will berequired to contact the Harbor Office for docking arrangements upon arrival. Additionally, the Mole floats will be available on non-cruise ship days.
(3) The project will not have a substantial impact upon, and will not result in, a need for new or altered governmental services, including but not limited to fire, police, maintenance of facilities, and harbor department services;
(4) The project will not result in the use of substantial amounts of fuel or other forms of energy or substantially increase the demand upon existing energy or require thedevelopment of new sources of energy; (5) The project will not result in the need for new utility systems or a substantial alteration of existing sources or systems for power, natural gas, communications, water, sewage disposal or solid waste;
(6) The project will not obstruct any scenic vista or view open to the public, and will not result in the creation of an aesthetically offensive site which is open to public view; (7) The project will not result in a substantial negative impact upon the quality and quantity of existing recreational opportunities or result in alterations or restrictions to coastalaccess; (8) The applicant is fit to be entrusted with the privileges of a permit, in that he has not engaged in prior violations of the City’s harbor regulations, including the provisions of this article, has timely paid any harbor-related fees and has not presented checks returned for insufficient funds.

The Municipal Code also provides that the “City Council may deny the permit where the impacts listed in paragraphs (1) through (8) above are cumulatively significant, even though the individual impacts are limited. The City Council may approve a project where mitigation measures eliminating significant impacts are incorporated into the project, and the approval shall be conditioned upon the implementation of such mitigation measures. The failure tocomply and maintain any mitigation measures shall be a basis for suspension or revocation ofa waterside permit.”GOAL ALIGNMENT: Enhance recreational activities in the Avalon Harbor.

FISCAL IMPACTS: Unknown, potential Harbor Use Fees.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Visitors will be able to use the current operators offering similar services.FOLLOW UP ACTION: Notify Avalon Aquatic Excursions of the City Council’s decision.

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

ATTACHMENTS:

1. Waterside Project Application

2. Waterside Permit Standard List of Conditions
Waterside Permit Application
12/14/2023 3:35 PM (PST)
Waterside Permit Application
Deadline for new application is December 15th of each year Name of Applicant Eric Mahan
Email sharkhaitlx©yahoo.comName of Business/Project Avalon Aquatic Excursions KIrnii.

Physical Avalon Location of 55 Avalon Terrace Rd, Avalon, CA 90704 Operation
Project/Business Description Avalon Aqua Excursions will provide 6 pack tours and charters for Dolphin/Whale Watching Tours, Snorkeling Tours, Sightseeing Tours, Private Charters, and Fishing charters for small groups and individuals..

On the map provided, sketch the project/business activities, showing the proposed locations of all waterborne trafficand activity Submission ID: cda386a7-2c91-4de6-a6b6-ca5feb5c7a62 Page 1/5 • 4
Hours of OperationDays of Operation
Months of Operation
Number
Trips per day
Type
Schedule
8am- 8pm occasional Night trips as requested for Fishing and Sightseeing.7 Days Monday - Sunday March - November (or longer) Weather permitting.2up to 6 in peak season2 hour Tours for Sightseeing, Dolphin/Whale Watching, and occasional fishing and private charters
8am, lOam, 12pm, 2pm, 4pm and 6 pm Departures as available depending onsunrise and sunset times. Open to adjust schedule to best accommodate Friendly Operator use of shared Docking Space.

Departing from an assigned Float Position on the Green Pleasure Pier. Will off load and onload maximum of 6 guests in 5-10 minutes as able.

Guests will meet at departure float on the Green Pleasure Pier to be picked up.Max of every 2 hours For scheduled services, including
shor8 boats, where will queuing
be and for what duration?
How will people be transported to
the facility?
How often?
Number of passengers per trip? 6If the proposed business/activity requires a new structure or modification to harbor facilities or the harbor itself,including the moles and pier, attach the proposed plans.

How many employees would be All 1-3 Max
Avalon-based?
Submission ID: cda386a7-2c91 -4de6-a6b6-ca5feb6c7a62 Page 2/5 VHF Channels VHF 1
Phone 562-481-6321
If answering machine, hours of Voicemail - 24 hrs
operation
If a sign will be required, list the size and submit a drawing. Please note that a Sign Permit Application must be obtained from and submitted to the PIanningpartment for approval.

Please attach all permits and certifications required to legally perform the activity being applied for in this application.

Applicant agrees that if this VVaterside Permit is granted, he/she will conduct his/her business in accordance with allfederal, state, and local laws, including the City’s planning and zoning laws. Applicant also agrees to abide by the terms of this Permit and all rules, regulations, and/or restrictions placed upon it by the City Council. Applicant must follow all regulations regarding the use of City facilities. This Permit may be revoked, suspended, or further conditioned at any time by the City Council for violations of the foregoing, or immediately in the City Manager’s discretion if the public’s health, safety, or well-being is threatened by the actions or inactions of the Applicant.

Failure to pay use fees shall also he a violation of the terms of this Permit. Any decision made by the City Council regarding this Permit is final and conclusive. Decisions of the City Manager may be appealed to the City Council if the City is notified within 10 days of the City Manager’s decision, but the City’s Manager’s decision shall remain ineffect until the next regular meeting of the City Council at which an appeal may he heard.

Applicant Name Eric Mahan
Business/Activity Name Avalon Aquatic Excursions
Date 12/14/2023
Standard List of Conditions Relating to Waterside Project Applications

1. Section 1-6.01 Public Liability Insurance
Sec. 1-6.01 Public Liability Insurance. Applicants for permits or franchises and parties to leases and contracts with the City ofAvalon may be required by the Avalon Municipal Code or the City Manager to maintain a policy of public liability insurance.Such policy shall:
(a) Contain broad form commercial general liability insurance, or in the case of marine operations, the substantial equivalent, with respect to the Premises, as applicable and the permittee, franchisee. contractor or lessees’ activities with a combined single limit of not less than $1,000,000 per occurrence and aggregate. Such insurance shall be produced by an insurerauthorized to do business in California with a then current Best’s Insurance Guide Rating of not less than A-Vll. , shall namethe City of Avalon, its officers, agents and employees as additional insureds, and shall contain a provision that prohibits cancellation, modification or; and
(h) Name the City as additional insured and contain a waiver of subrogation against the named insured or respective officers, employees, agents; and
(c) Provide that it may not he canceled without at least thirty (30) days prior written notice to the City; and(d) Provide primary and not excess coverage Insurance coverage shall be subject to the approval of the City.

Submission ID: cda386a7-2c91 -4de6-a6b6-ca5feb6c7a62 Page 3/5

2. Section 10-2.402 Use of Harbor Related Facilities: Use Fees Wharlage, dockage, landing and use fees for the use of or impact upon any harbor or harbor-related facility owned or controlled by the City of Avalon shall be as follows:(a) Except as otherwise specifically provided in this article, for all boats, ships, vessels, airplanes or other transportation facilities carrying passengers for hire or charter, whether operating under the authority of the California Public Utilities Commission or not, which land, discharge, load, or embark passengers on, to, or from such City harbor facilities Two Dollarsand Fifty Cents ($2.50) per passenger so landed, discharged, loaded or embarked. Commencing on March 1, 2019, and ending on February 28, 2021, the fee shall be increased as follows:
(1) Three ($3.00) Dollars for each passenger so landed, discharged, loaded, or embarked.(c) For businesses engaged in the operation of excursion boats using such facilities for landing, discharging, loading or embarking passengers on, to. or from such facilities, seven (7%) percent of the gross receipts of such business derived from such use. For the purpose of this section, excursion boats” shall mean vessels operating from points in the City and returning
thereto for sightseeing scenic tours or as pleasure cruises, and carrying passengers for hire, but not providing facilities forovernight stays. (d) For businesses engaged in the operation of “shore boats,” as defined herein, and using such facilities for landing, discharging, loading or embarking passengers on, to, or from such facilities, seven (7%) percent of the gross receipts of such business derived from such use, excepting therefrom receipts for transportation of passengers to and from “cruise ships,” as defined in subsection (b) herein, or as otherwise provided in an applicable franchise agreement issued pursuant to Section 10-

2.410. For the purpose of this section, “shore boats” shall mean vessels carrying passengers or freight for hire to and from boats moored within or without City waters to the shore in Avalon, between such boats in City waters or between points on the shore in Avalon.
(e) Operators of fishing tournaments whose participants use City harbor facilities during the course of such tournaments shall comply with the provisions of Title 3, Chapter 3 regarding admissions taxes as applied to entry fees charged for participation in such tournament.(f) For all other businesses not otherwise expressly provided for in this Section 10-2.402 carrying passengers for hire by vessel from points in the City and returning thereto, or from one point in the City to another point therein, or engaged in the renting, leasing. or chartering of boats, paddle boards, rafts, or other floating watercraft for hire and using City harbor facilities, or whose patrons regularly use such facilities for launching, landing, boarding, unloading, embarking or disembarking, docking,or other similar uses, or whose business activities involve the use of such facilities, seven (7%) percent of the gross receiptsderived from such use. (g) The fees for the use of such facilities by those not falling within the classifications set forth in subsections (a> through (d) of this section shall be determined initially by a schedule adopted by the Council or shall be incorporated into the flat rental ofany contract, pem,it, lease, franchise or other agreement entered into for use of the facilities.3. Section 10-2.410 Permits; Franchises to Conduct Businessa. All businesses operating in the harbor, except those enumerated in paragraph (b) of this section, shall maintain a shore base of operations or an office in Santa Catalina Island. Such office shall have a business telephone, which is covered twenty four (24) hours a day. An answering service or mechanical means of answering may be used provided messages are checked no less than three (3) times per day.

4. In addition to the provisions of Section 10-2.402, all businesses operating within the harbor, except those operating pursuant to a franchise issued by the City shall:(ii.) In the case of waterside permit holders other than cross-channel carriers, pay to the City a non-refundable use feedeposit of One Thousand ($1000.00) Dollars, payable in two (2) installments of Five Hundred ($500.00> Dollars each, the first installment on the inception of operations within the Avalon Harbor and the second on August 1. The use fee deposit may be applied against use fees due andowing under Section 10-2.402 at such time that the permittee has made timely payment of use fees for thirteen (13)consecutive months. (iii.) In all cases where the business operates seven (7) or more months during any twelve (12) month period, pay to the Cityuse fees under Section 10-2.402 no fewer than seven (7) months of any twelve (12) month period, and in no event less than the sum of twenty five ($25.00) Dollars per month for each month the business is operating and reports sales receipts. (iv.) In all cases where the business operates fewer than seven (7) months during any twelve (12) month period, pay to the City a use lee of Two Hundred ($200.00) Dollars for each month the business is closed or does not report any sales receipts.

Submission ID: cda386a7-2c91 -4de6-a6b6-ca5feb6c7a62 Page 4/5

6. All vessels over sixteen (16) feet in length operated for hire or used to conduct work in the harbor shall be equipped with a marine radio which shall be monitored at all times that the vessel is in operation.

7. All businesses operating in the harbor shall maintain all equipment, materials, facilities, machinery and vessels utilized in the operation of the licensed business in a good working condition, and such businesses shall only employ workers who arequalified to conduct the duties appropdate to the licensed business.

4. Resolution 96-36 Mandatory Activation Dates for Waterside Perrriits Section 4. All newly permitted businesses must have proof of insurance, other required permits and/or leases, and all required deposits in place prior to commencing business operations in Avalon Harbor. All new permits issued before January 31 willexpire on April 1 of the year of issuance unless the business is operating as of that date. All new permits issued after January31 will expire sixty (60) days after issuance unless the business is operating as of that time. The Harbor Master shall have the authority to grant one extension of thirty (30) days of the time within which a business must be operating, upon showing a good cause.

Submission ID: cda386a7-2c91 -4de6-a6b6-ca5feb6c7a62 Page 5/5 Standard List of Conditions Relating to Waterside Project Applications

1. Section 1-6.01 Public Liability Insurance
Applicants for permits or franchises and parties to leases and contracts with the City of Avalon may be required by the Avalon Municipal Code or the City Manager to maintain a policy of pubhc liability insurance. Such policy shall:
(a) Contain broad form commercial general liability insurance, or in the case of marine operations, the substantial equivalent, with respect to the Premises, as applicable and the permittee, franchisee, contractor or lessees activities with a combined single limit of not less than $1 000,000 per occurrence and aggregate. Such insurance shall be produced by aninsurer authorized to do business in California with a then current Best’s Insurance Guide Rating of not less than A-Vu. , shall name the City of Avalon, its officers, agents and employees as additional insured, and shall contain a provision that prohibits cancellation, modification or; and
(b) Name the City as additional insured and contain a waiver of subrogation against the named insured or respective officers, employees, agents; and (c) Provide that it may not be canceled without at least thirty (30) days prior written notice to the City; and
(d) Provide primary and not excess coverage Insurance coverage shall be subject to the approval of the City.

2. Section 10-2.402 Use of Harbor Related Facilities: Use FeesWharfage, dockage, landing and use fees for the use of or impact upon any harbor or harborrelated facility owned or controlled by the City of Avalon shall be as follows:
(a) Except as otherwise specifically provided in this article, for all boats, ships, vessels, airplanes or other transportation facilities carrying passengers for hire or charter, whether operating under the authority of the California Public Utilities Commission or not, which land, discharge, load, or embark passengers on, to, or from such City harbor facilities Two Dollars Fifty Cents ($2.50) foreach passenger so landed, discharged, loaded or embarked. Commencing on March 1,2019, and ending on February 28, 2021, the fee shall be increased as follows:
(1) $3 for each passenger so landed, discharged, loaded, or embarked (b) Except as otherwise provided in paragraph (6) below, for all cruise ships, the fee as laid out in subsection (a) above, which fee shall be levied upon one hundred (100%) percent of the manifest passengers, excluding persons employed upon the vessel. As used in this section “cruise ship” means a vessel which lists Avalon as a port-of-call and which anchors so as to permit passengers to disembark and to return to the same vessel. Commencing onJuly 1, 2017, the fee shall be increased as follows:
(1) Three ($3.00) DoNars for each passenger so landed, discharged, loaded or embarked between July 1, 2017 and June 30, 2018;
(2) Three Dollars and Fifty ($3.50) Cents for each passenger so landed, discharged, loaded, or embarked between July 1,2018, and June 30,2019; (3) Four ($4.00) Dollars for each passenger so landed, discharged, loaded, or embarked between July 1, 2019 and June 30, 2020;
(4) Four Dollars and Fifty ($4.50) Cents for each passenger so landed, discharged, loaded, or embarked between July 1, 2020 and June 30,2021; (5) Five ($5.00) Dollars for each passenger so landed, discharged, loaded, or embarked on or after July 1, 2021; and
(6) n consideration for a cruise line deploying a second ship to Catalina for fifty (50) or more calls per year, the City of Avalon will pay to the cruise line an annual marketing incentive equal to fifty (50%) percent of the wharfage fees collected for the second ship, payable quarterly, in arrears.
(c) For businesses engaged in the operation of excursion boats using such facilities for landing, discharging, loading or embarking passengers on, to, or from suchfacilities, seven (7%) percent of the gross receipts of such business derived from such use. Forthe purpose of this section, “excursion boats” shall mean vessels operating from points in the City and returning thereto for sightseeing scenic tours or as pleasure cruises and carryingpassengers for hire, but not providing facilities for overnight stays. (d) For businesses engaged in the operation of “shore boats,” as defined herein, and using such facilities for landing, discharging, loading or embarking passengers on, to, or from such facilities, seven (7%) percent of the gross receipts of such business derived from such use, excepting therefrom receipts for transportation of passengers to and from “cruiseships,” as defined in subsection (b) herein, or as otherwise provided in an applicable franchiseagreement issued pursuant to Section 10-2.410. For the purpose of this section, “shore boats”shall mean vessels carrying passengers or freight for hire to and from boats moored within or without City waters to the shore in Avalon, between such boats in City waters or between points on the shore in Avalon.
(e) Operators of fishing tournaments whose participants use City harbor facilities during the course of such tournaments shall comply with the provisions of Title 3, Chapter 3 regarding admissions taxes as applied to entry fees charged for participation in such tournament.
(f) For all other businesses not otherwise expressly provided for in this Section 10-

2.402 carrying passengers for hire by vessel from points in the City and returning thereto, or from one point in the City to another point therein, or engaged in the renting, leasing, or chartering of boats, paddle boards, rafts, or other floating watercraft for hire and using City harbor facilities, or whose patrons regularly use such facilities for launching, landing, boarding,unloading, embarking or disembarking, docking, or other similar uses, or whose business activities involve the use of such facilities, seven (7%) percent of the gross receipts derived from such use.
(g) The fees for the use of such facilities by those not falling within the classifications set forth in subsections (a) through (d) of this section shall be determined initially by a schedule adopted by the Council or shall be incorporated into the flat rental of any contract, permit, lease, franchise or other agreement entered into for use of the facilities.

Such office shall have a business telephone, which is covered twenty four (24) hours a day.

An answering service or mechanical means of answering may be used provided messages are checked no less than three (3) times per day.
(4) In addition to the provisions of Section 10-2.402, all businesses operating within the harbor, except those operating pursuant to a franchise issued by the City shall:
(ii.) In the case of waterside permit holders other than cross-channel carriers, pay to the City a non-refundable use fee deposit of One Thousand ($1000.00) Dollars, payable in two (2) installments of Five Hundred ($500.00) Dollars each, the first installment on theinception of operations within the Avalon Harbor and the second on August 1. The use fee deposit may be applied against use fees due and owing under Section 10-2.402 at such time that the permittee has made timely payment of use fees for thirteen (13) consecutive months. (iii.) In all cases where the business operates seven (7) or more months during any twelve (12) month period, pay to the City use fees under Section 10-2.402 no fewer thanseven (7) months of any twelve (12) month period, and in no event less than the sum of twenty five ($25.00) Dollars per month for each month the business is operating and reports sales receipts.
(iv.) In all cases where the business operates fewer than seven (7) months during any twelve (12) month period, pay to the City a use fee of Two Hundred ($200.00) Dollars for each month the business is closed or does not report any sales receipts. (5) The charges authorized by paragraph (4) of this section shall be in addition to any payments pursuant to the provisions of any lease agreement. (6) All vessels over sixteen (16) feet in length operated for hire or used to conduct work in the harbor shall be equipped with a marine radio which shall be monitored at all timesthat the vessel is in operation. (7) All businesses operating in the harbor shall maintain aU equipment, materials, facilities, machinery and vessels utilized in the operation of the licensed business in a good working condition, and such businesses shall only employ workers who are qualified to conduct the duties appropriate to the licensed business.

4. Resolution 96-36 Mandatory Activation Dates for Waterside Permits Section 4. AH newly permitted businesses must have proof of insurance, other required permits and/or leases, and all required deposits in place prior to commencing business operations in Avalon Harbor. All new permits issued before January 31 will expire on April 1 of the year of issuance unless the business is operating as of that date. All new permits issued after January 31 will expire sixty (60) days after issuance unless the business is operating asof that time. The Harbor Master shaH have the authority to grant one extension of thirty (30)days of the time within which a business must be operating, upon showing a good cause.

CITY OF AVALON CITY COUNCIL
MEETING DATE: January 16, 2024 AGENDA ITEM: 12—.

ORIGINATING DEP: Public Works CITY MANAGER: jiA.PREPARED BY: Jamie Hmielak, Maintenance Superintendent SUBJECT: Council Chambers Audio Visual System Upgrade
RECOMMENDED ACTION(S): Per the City’s procurement policy, authorize the City Manager, or designee, to execute an agreement with Key Code Media, Inc. to upgrade the audio visual(AN) system within the City Hall Council Chambers for a not to exceed sum of $125,000. Thisitem is budgeted in the Information Systems budget account (10135-6611).REPORT SUMMARY: In November 2015, the City Council approved phases 2 & 3 of the Council Chambers A/V upgrade. This included the installation of a new camera system, andmonitoring/control equipment. No major updates or improvements have been performed to the AJV system since the installation of the new equipment in 2016. The existing equipment is quickly becoming outdated, and several issues continuously need to be addressed. These issues mainlyinclude videoconferencing (Zoom, MS Teams, etc.) problems, feedback/interference, online audio not working, and difficulty of use due to the complexity of the system.Staff reached out to three audio visual companies to review our existing system, and each company created a proposal for a solution that would work for our Council Chambers AN needs.

The proposed equipment upgrade would make use of the existing camera system and wiring, which reduced the overall cost. It involves replacing most of the outdated audio monitoring & control components, along with the installation of new microphones & monitors at the dais. The new system would be much more user friendly, allow for remote user accessibility, includes a voting system, would have full technical support, and will create a much more improved & professional viewing experience.

The three companies that staff worked with were Key Code Media Inc., Western Audio Visual & Security, and Spinitar Solutionz. We asked all three companies to provide similar solutions, and the proposal from Key Code Media ended up at the lowest cost totaling $123,703.13. This is a maximum amount proposed, and the cost will likely be less as time & materials would be billedat actual cost. Obtaining three proposals fulfilled the informal bid competitive process purchasing procedure requirement specified in the Avalon Municipal Code Section 3-4.106(a).

Company Location Proposed Cost
Key Code Media Inc. Newport Beach, CA $123,703.13
Western Audio Visual Orange, CA $127,518.70
Spinitar Solutionz La Mirada, CA $136,663.34
FISCAL IMPACTS: Allocate $125,000 from Project Code# 203501 Information Systems account (10135-6611) to allow the AN upgrade to be performed.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Staff will have tocontinue to struggle with the existing AI\J issues, and work with an unreliable system creatingseveral inefficiencies.

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: Proposals from Key Code Media, Western Audio Visual, and Spinitar Solutionz.

Key Code Media, Inc. - California
270 S. Flower Street
Burbank, CA 91502
81 8-3033900www.keycodemedia .com
key MEDIA
Council Chambers AV Upgrade
Quote # 227018 Version 6
Pre•wed for:

City Of AvalonPiuuareJ by:

Adam Hatch
A
A
A
Sales Quotation I(eV Council Chambers AV Upgrade Quote #227018 v 6 M E D I A Prepared for: City Of Avalon Jul 24, 2023 Client Objectives
The City Of Avalon is looking to update their Council Chamber and Conference Room. The proposal includes the following:

Council Chamber:
• Route multiple video sources from various locations to multiple displays, monitors, and projectors. • Route mic and program level audio to the speakers, AV and broadcast switcher, and far end for video conferencing.

Also, route far end audio back to the speakers.
• Able to stream and utilize audio and video conferencing to multiple platforms consistently with no interruption.• Use the AV Control System to:
- Power on/off and use mute for the displays, projectors, monitors.- Provide the ability to increase, decrease, and mute audio. -Provide the ability to record and stop recording. -Provide the ability to route video and audio to various locations. • Provide the ability to present content wirelessly.

Conference Room:
• All in one (mic, camera, and speakers) simple to use and consistent Poly Corn kit for stable AV Conferencing.

Equipment
EXTRON 60-1381-93 OTPCrosspoint 108 4K 1 Y 42.00% $20,130.00 $11,675.40 $11,675.40 $11,675.40 IPCP Q MA 70
EXTRON 60-1565-02 UP Pro 1025T 10” 2 Y 42.00% $3,230.00 $1,873.40 $1,813.40 $374680 Tabletop TouchLink® Pro
Touchpanel -Black
EXTRON 60-1877-01 Sharelink Pro 500, Wired 1 Y 42.00% $2,070.00 $1,200 60 $1,200.60 $1200.60 and Wireless presentationgateway
EXTRON 70-1109-02 Cable Cubby 100 2 Y 42.00% $220.00 $127.60 $127.60 $255.20EXTRON 70-1065-04 Retractor HDMI, Cable 2 Y 42.00 % $550.00 $319.00 $319.00 $638.00 Retraction System for Cable
Cubby Enclosures - HDMIMale to Male
EXTRON 70-1040-06 Cable Cubby 100 Retractor 2 Y 42.00% $50.00 $29.00 $29.00 $58.00 Bracket - Holds OneRetractor module
EXTRON 70-1299-02 Cable Cubby F55 UT - 1 Y 42.00 % $190.00 $110.20 $110.20 $110.20 Under the Table , Black, No
AC
Quote#227018v6 Jul24 2023 Page 2of8
Sales Quotation
iey Council Chambers AV Upgrade Quote #227018 v 6
M E D A Prepared for. City Of Avalon Jul 24, 2023
Equipment
EXTRON 60-1945-02 Flex55 AC+USB 130 US 1 V 42 00% $410.00 $23780 $237.80 $237.80 EXTRON 70-1178-02 One HDMI Female to 1 V 42.00% 894,00 $54.52 $54.52 $54.52 Female Pgtal
EXTRON 70-1l5402 Blank Plate -Black 1 Y 42.00% $26.00 $15.08 $15.08 $15.08EXTRON 70-1154-32 Blank Plate-Half size, 1 V 42.00% $26.00 $15.08 815.08 $15.08 Black
EXTRON 60-1331-12 DTP HDMI 4K 330 TX 2 V 42.00% $650.00 $377.00 $377.00 $754.00EXTRON 60-1331-13 DTP HDMI 4K 330 RX 3 V 42.00% $650.00 $377.00 $377.00 $1131.00EXTRON 60-1594-01 SMP 111 Streaming 1 V 42.00% $3,920.00 $2,273.60 $2,273.60 $2,273.60 Processor
MAGEWELL 64020 Pro Convert HDMI PLus 1 V 10.00% $542.00 $487.80 $487.80 $487.80 EXTRON 60-1551-12 DTP T USW 233. Three 1 V 42.00% $1,620.00 $939.60 $939.60 $939.60 Input Switcher withIntegrated DTP Transmitter
and Audio Embedding - 230
feet (70 m)
NETGEAR GSM423OP- NetgearAV Line M4250 1 N 35.90% $1,871.91 $0.00 $1,199.99 $1,199.99 100NAS GSM423OP 24-Port Gigabit
PoE+ Compliant ManagedNetwork Switch with SEP(300W)
QSC SPA4-60 112 RU 4 Channel ENERGY 1 V 35.00% $1,005.00 $653.25 $653.25 $653.25 STAR amplifier /Multichannel operation 60
watts into 8? & 4?, Bridged
pair operation 200 watts into
8? & 4?, and 250 watts into
70v and lOOv 1100-240
VAC Operation.

JBL C2PS JBL Control 2P Powered 2 N 19.75% $315.25 $0.00 $253.00 $506.00 Monitors
Shure, Inc MX4I8D/C Cardioid-18” Desktop 5 V 36.00% $478.00 $305.92 $305.92 $1,529.60 Gooseneck CondenserMicrophone, Attached 10’XLR Cable, Logic Functions. Programmable
Switch and LED Indicator,Attached Desktop Base
Quote #227018v6 Jul24, 2023 Page’ 3of8
ke’ Council Chambers AV Upgrade
Prepared for: City Of Avalon
Sales Quotation
Quote #227018 v 6
Jul 24, 2023
Equipment
Wireless Conference Unitwith 4.3 inch color
touchscreen for voting,interpretation channel
selection, and conference
information, integrated NEC
ID card reader, chairman,
delegate, listener, andambient modes, integrated
loudspeaker, 10-pinmicrophone co
Access Point Transceiver
for US only; manages audio
routing, frequency
coordination, and systemcontrol for up to 125
wireless conference units:
includes 10 DanteTMinputs/outputs and analog
XLR inputs/outputs:
requires Power-overEthernet, Includes painNETWORKED CHARGING STATION, IOBAY SB930Core llOf-v2, Unified Core
with 24 local audio I/O
channels, 128x128 total
network I/O channels with
8x8 Software-based Dante
license included. USB AVbridging, dual LAN ports,POTS and VoIP telephony,no GPIO, 16 nextgeneration AEC processors, 1RU.16-input TF Series Digital
Mixer with 40 MixingChannels, 17 Motorized
Faders, 20 Aux Buses, 8
DCA Groups with Roll-out,-knob Compression/EQ,
and TouchFlow Operation
Dante Card for TEl Mixer
Quote #227018 V 6 Jid 24. 2023 Page 4 of 8
Cardioid Dual-FlexGooseneck Microphone (16in/40 cm) with flexible topand bottom sections, bicolor LED, 10-pin connector, and foamwindscreen, for MXC,
MXCW conference units:
key.MEDIA Council Chambers AV Upgrade Prepared for: City Of Avalon Sales Quotation Quote #2270 18 v 6 Jul 24, 2023 Equipment
\‘iewSonic VA1655 -LED
monitor - 16” (156”viewable) - portable - 1920
x 1080 Full HD (1080p)60Hz - PS -250 cd/m2 - 800:1 - 7 ms - Mini HDMI, USB-C -speakers
DA4 HO 4K PLUS. Four
Output 4K160 HDMI
Distribution Amplifier
TC1
Quote #227018 v 6 Jul 24, 2023 Page’ 5 of 8
ViewSonic
EXTRON
NEWTEK
VA165560-1608-01
TC1
N
YY
7 2
1 2965 %

42.00 %

15.00 %
$199.00
$1,280.00
$15,995.00
$0.00
$742.40
$13,595.75
$139.99
$742.40
$13,595.75
$979.93
$1,484.80
$1359575
Subtotal: $65,266.48
Integration Services
note Any un-used Professional 1 0 00 % $0.00 $0.00 $0.00 $0.00 Service hours will not beinvoiced at the time ofinvoice. Not to exceed service proposal.

Key Code KCMPS-201 Install/terminate low 72 Y 14.29 % $105.00 $90.00 $90.00 $6,480.00Media voltage, network cablingProfessional and hardware to industry Services standards.Key Code KCMPS-202 Advanced Installer and 72 Y 1667% $120.00 $100.00 $100.00 $7,200.00Media Crew Lead. OverseesProfessional Installation/termination of Services low voltage, network cabling
and hardware to industrystandards.

Key Code KCMPS-206 Engineer with advanced 40 Y 24.24% $165.00 $125.00 $125.00 $5,000.00Media system knowledge.Professional Responsible for setting up, Services configuring, and maintaining
systems for Post, Broadcast
and AV Communications.

Key Code KCMPS-206 A system programmer, 40 Y 24.24% $165.00 S125.00 $125.00 $5,000.00Media certified in the controlProfessional system.Services Sales Quotation
Ic.ey Council Chambers AV Upgrade Quote #227018 v 6
M E D A Prepared for. City Of Ava Ion Jul 24, 2023
Integration Services _______ _________ _______________— _____ _____ _______ _______ ________ ________ Key Code KCMPS-209 Responsible for the creation 8 Y 000 % $210.00 8210 00 $210.00 $1 680.00 Media of technical and detailedProfessional design drawings. ProduceServices designs that meet client requirements and targets.Provide detailed designplans for architects and engineers from otherdisciplines to follow.Oversees assistant draftersa Key Code KCMPS-210 Manages projects to ensure 80 Y 18.52 % $135.00 $110.00 $110.00 $8,800.00Media the proposed plan adheresProfessional to the timeline, budget andServices scope. Their duties include planning projects in detail,setting schedules for all
stakeholders and executingeach step of the project.

Key Code KCM-INT-MAT Integration Materials - 1 Y 0.00 % $2,500.00 $2,000.00 $2,500.00 $2,500.00Media Contingency Funds. ActualProfessional Materials will be added toServices project. Not to exceed amount shown.

Key Code KCM-T&E- (Not to Exceed Budget, 5 0.00% $3,000.00 $3,000.00 $3,000.00 S 15,000.00Media ESTIMATE Actual will be billed afterProfessional installation) Travel andServices Expenses Per Installer. 2 Installers, 2 Engineers, and
1 Site Lead
FREIGHT Ground Shipping Included I Y 0.00 % $0.00 $0.00 $0.00 $0.00 Subtotal: $51,660.00
Scope of WorkQuote #227018 v 6 Jul 24, 2023 Page 6 of 8 I Sales Quotation ff:: ‘
Council Chambers AV Upgrade Quote #227018 v 6
M E D I A Prepared for. City Of Avalon Jul 24, 2023
Key Code Total Care
30 Day Key Code Total Care Broflze
Thank you for choosing Key Code Media, this quote is covered under a 30-day remote support plan. The equipment is covered under manufacturing warranty and the labor is covered by Key Code Support.

Key Code support hosts its own secure remote access support system. This system is much like a TeamViewerremote access, with the exception that it’s hosted by Key Code Media and sits behind our firewall. As part of Change Me and Key Code Media support agreement, we can install this lightweight utility on all purchased computers at the discretion of facility staff. This will allow a support engineer to log in and see what the operator is seeing in real time.

This support proposal includes the following Service Level agreements:

1. Provide normal business hours support
a. Access to M-F 9am EST 6pm PST support lineb. Includes emergency and non-emergency call for:

I. Software Issues and Version Upgrades
ii. Hardware support for purchased equipment
iii. Remote support
c. Major Holidays are not included in coverage
i. Christmas Day
ii. July 4th
iii. Thanksgiving +1
iv. New Year’s Day
v. Memorial Day
vi. Labor Day

2. Contract Includes Costs for Mileage Associated with support visits a. Does not include for Airfare, Hotel, Rental Car, or Per-Diem b. Does not include Travel Costs associated with other quotes c. All Non-Covered T&E will be invoiced at actual cost
The warranty begins upon completion of install and lasts for 30 days.

Support Contract Information
Service Hotline: 818-303-3980
Email Support: Supportkeycodemedia.com (Email is monitored from 9a — 6p) Call Back Response Time
9am — 6pm response time 5 — 30 minutes
Quote #2270 18 v 6 Ju 24 2023 Page 7 of 8
key.MEDA Council Chambers AV Upgrade Prepared for: City Of Avalon Sales Quotation Quote #227018 v 6 Jul 24, 2023 Council Chambers AV Upgrade
Prepared by.

Key Code Media, Inc. -
California
Adam Hatch
949-757-0303Fax 818-303-3901
[email protected]
Bill To:

City Of Avalon
410 Avalon Canyon Rd.Avalon, CA 90704Jamie Hmielak
310-510-0020 x123
[email protected]
Ship To:

City Of Avalori
410 Avalon Canyon Rd.Avalon, CA 90704Jamie Hrnielak
310-510-0020 x123
[email protected]
Quote Information:Quote #: 227018
Version: 6
Delivery Date: 07/24/2023Expiration Date: 07/31/2023
Terms:

Quote Summary
Equipment S65 266.48
Integration Services $51660.00
$116,926.48
$6,776.65
$123,703.13
This Sales Quote (SO”) incorporates the Terms and Conditions found at http://www.keycodemedia.com/terms/salesorder (T&C”) and constitutes an offer or counter-offer, as applicable, by Key Code Media, Inc. or Burst Communications (“Seller”). This SO, including the T&C incorporated therein, shall become binding on the buyer listed herein (Buyer”) on the earliest of Buyer’s: (i) acknowledgement hereof; or (ii) receipt of any goods and/or services ordered hereunder. No Buyer acknowledgement form, purchase order, or other document shall modify the SO or the T&C.

Key Code Media, Inc. -California City Of Avalon
Name: Adam Hatch Name: Jamie Hmielak

Page 8 of 8 ends

Subtotal:

Estimated Tax:

Total:

Signature:Title: Account Manager
Signature:

Date: 07/24/2023
Date:

Quote #227018 v 6 Jul 24, 2023
QUOTATION: 158588

SPIN ITAR

SOLUTIONZ
SuIte 100
BILLTO: JOB LOCATION:

COMPANY City of Avalon DATE July 10, 2023
ADDRESS 410 Avalon Canyon Road ADDRESS 410 Avalon Canyon Road EXPIRY DATE Jul 20, 2023 P.O. Box 707 p.o. Box 707 SALES REP Stephen Mcneil
Avalon, CA 90704 Avalon, CA 90704 PHONE 7149225286
CONTACT Jamie Hmeielak CONTACT EMAIL Stephen.mCnOil@SOlUt{OflZit1CO

PHONE PHONE
,
City Council Chambers Refresh
SCOPEOF WORK;
City Of Avalon
City Council Chambers Refresh
Displays- Reusing Chambers 65”, Control Room 42” & 19”, and projector. Installing (8) portable 15” Desktop monitors on the Dias
Video- Install HDMI wall plate (Location TBD) to be used for when room is being used for projection.

Install HDMI extension transmitters/receivers at each input/display/projection location (See line items for more detail). AlO switcher/controller/amplifier, Media Port 300 (USB Output Capabilities), DSP, NetworkSwitch, OFE PC to be installed/tested at Spinitar HQ. Newtek Tricaster TC1 Completed rack will beinstalled in control room. Reintegrate existing cameras and agreed upon hardware to allow for same functionality as currently deployed.

Audio -Reusing Chambers, Outdoor, and Control room speakers. Install (8) wireless gooseneck mic system with voting capabilities at the council chambers. Install wireless mic Transceiver (Location TBD).

Install and configure Network Charging Dock for wireless mic system (Location TBD) Control- Install 2 touch panels. 1 in control room will be master panel and 1 at the council chambers with limited/easy control interlace.

Exceptions: Installation labor is quoted as reusing all existing cabling that is in place from Control Room to Chambers if after testing cables do not check out problem cable runs will be brought to the attention ofthe city. **Spjnitar Terms and Conditions**
All information in this quote is CONFIDENTIAL.All work done during standard Mon-Fri 5am-5pm hours.

Professional Labor Services Include: Onsite Installation, Engineering and System Design, CAD Drawings, System Programming, In-House Configuration/Setup & Rack Build, Project Management, COMPANY City of Avalon
Pinted on 7124/2023 Page 1 o14
QUOTATION: 158588

SPIN ITAR
16751 Knott Avenue. Suite 100
SOLUTIONZ La Mirada, CA 90638
System Testing and Commissioning, Documentation, G&A, Training, and Travel.

Spinitar Bond Rate = This quote does not include union labor, prevailing wage or a bond, pricing available on request.On-site install hours must be in 8-hour blocks, per space, unless negotiated. Changes in construction conditions and delays can result in labor change orders.

Warranty - includes all manufacturer’s warranties and Spinitar’s Support Agreement Performance Warranty.Cabling - this quote includes all cabling pertaining to the basic connectivity of the devices listed on this quote! bill of materials.Exclusions/Work By Others - all required electrical/clock outlets, conduits w/pull strings, cable trays,hangers, wall backings with patch-paint work for large flat panels displays w/mounts, lP/NetworklPoE drops/Network Switches and Hubs, furniture/millwork, wall boxes/mud rings, floor boxes, jboxes for motorized screens, replacement ceiling tiles, Coax RF/TV input from building to AV rack area, andremoval of any and all current/older AV equipment.Deliverables & Training: Electronic files of all manufacturer’s equipment manuals, as-built CAD drawings of AV System, source code of Touch panel(s), Control System files, quick user’s guide from trainingsession, spreadsheet with AV Equipment (model#’s, qty’s, location, serial#’s, IP addresses, etc). Includesa training session at end of the project, with custom printed user guides to show operation and troubleshooting of the newly installed AV System.Any discontinued parts or equipment replacement is subject to a change order should price increase.

Project Completion may have delays due to product long lead times.

Payment Terms/Schedule: 40/40/20 (40% w/PO, 40% Upon Equipment Delivery, and 20% Upon Substantial Project Completion).

MANUFACTURER PART NUMBER PART DESCRIPTION QTV UNIT PRICE PRICE Projectors and Displays
OFE OFE 65” Samsung Displays 1 $0.00 $0.00OFE OFE Projector Sub 5K Lumen projector 1 $0.00 $0.00OFE OFE Electric Drop Down Projector Screen I $0.00 $0.00 Samsung OFE l9in Local Preview Monitor in Studio 1 $0.00 $0.00Samsung OFE 42” Monitor for Multi Window Camera Output in 1 $0.00 S0.00 Studio
Viewsonic 15.6 In Portable Monitor with FHD lOSOp 8 $198.48 $1,587.84 Monitors for Council Chamber MembersSignal Management and Control System Panasonic OFE OFE PTZ Cameras 4 $0.00 $0.00Printed err 7/24/2023 Page 2 of 4 QUOTATION: 158588

SPIN ITAR
SOLUTIOI’-’
16751 Knott Avenue. Suite 100
La Mirada, CA 90638
MANUFACTURER PART NUMBER . PART DESCRIPTION OTY UNIT PRICE TOTAL PRICE OFE OFF PC For Zoom and Voting System Output 1 $0.00 S0.00 AJA OFF SDI to Fiber Converter 1 50.00 SO.00
For feed to cable Co. lOop out IS feed to Granicus
system
Newtek TricasterTCl 2 RU 1 $15,054.12 $15054.12
Inputs 4 Panasonic AW- HE4OSKHDMI Output -Extron Switcher SDI Output -Feed to Cable Co. DVD Burner
Newtek 4 Hour Professional Services Plan 1 $936.47 $936.47EXTRON 60-1271-12 HDMI Transmitter 4 $380.00 $1,520.00 City Clerk Dies, Podium, City Manager DIas,Projector
EXTRON 60-1271-13 HDMI Receivers 5 $380.00 $1,900.00
City Manager Dias, Local Wall Plate, Dies Monitor,
Chambers 65, Projector
EXTRON 60.1421-13 HDMI Wall Plate Input 1 $466.67 $46667EXTRON 60-1607-01 1x2 HDMI DA 1 $620.00 $620.00 Auto switch at lectern for BYOD or built in PC
EXTRON 60-1609-01 1x6 HDMI DA 2 $1,000.00 $2,000.00
DA for DIas Monitors
EXTRON 60-1381-93 10x8 Seamless 4K Scaling Presentation Matrix 1 $13,420.00 $13,420.00 Switcher
Inputs -City Clerk Dies. Podium, City Manager
Dies, Local HDMI Well Plate, Newtek Tricaster
Outputs -Dies Monitors, Chambers 65, Samsung
19 Studio Monitor, Projector, Newtek Tricaster
EXTRON 60-1873-01 MediaPort 300 New 4K HDMI and Audio to USB 1 $2,926.67 $2,926.67 Scaling Bridge
For Audio and Video USB Conversion
EXTRON 60-1562-02 Control System Touch Screen 2 $1,686.67 $3,373 34 1 In Chambers 1 in Studio
Audio System
Listen OFE OFF Listen ALS System 1 $0.00 S0.00
Shure OFF OFE Wireless Microphone 1 $0.00 50.00
OFE Amp for Chambers Speakers 1 $0.00 $0.00
OFE OFE Surface Mount Chambers Speakers 4 $0.00 S0.00OFE Amp for Outside Speakers Speakers 1 $0.00 S0.00OFE OFE Surface Mount Outside Speakers 4 S0.00 S0.OoOFE Amp for Control Room JBL Speakers 1 $0.00 S0.00 JEL OFE OFE Studio Monitor Speakers 2 $0.00 50.00
OFE OFE Podium Microphone 1 $0.00 S0.00
SHURE MXCW64O Wireless Mic/Voting System Base Station 12 $1,512.00 $18,144.00SHURE MXC416DF/C Cardioid Dual-Flex Gooseneck Microphone (16 12 $199.56 $2,394 72 inI4O cm) with flexible top and bottom sections, bi
cob
SHURE MXCWAPT-A Access Point Transceiver manages audio routing, 1 $3,782.67 $3,782.67 frequency coordination
Shure MXCWNCS-US NETWORKED CHARGING STATION 2 $1134.67 $226934BIAMP TESIRAFORTE DAN VT Fixed I/O DSP with 12 analog inputs, 8 analog 1 $3,133.33 $3,133.33 outputs, 8 channels contiguiable USB audio, 32 x
32 ch
Pri(eci on 7/24/2023 Page 3 of 4
QUOTATION: 158588

SPIN ITAR
16751 Knott Avenue. Suite 100
La Mirada, CA 90638
MANUFACTURER PARTNUMBER PARTOESRIPTION QTY UNTPRICE tOTALPRCE NETGEAR GS116PP-100NAS NETGEAR 16-Port PoE/P0E÷ Gigabit Ethernet 1 $29176 $29176 Unmanaged Switch
MIDDLE ATLANTIC PTRK-21 PORTABLE RACK 21SP 1 $755.40 $755.40 SPINITAR INSTALL MATERIAL Install Material 1 $2,722.50 $2722.50SPINITAR MISC-TRAVEL Travel Expenses I $3,176.47 $3,176.47Spinitar FREIGHT Freight charges 1 $2,950.82 $2,950.82 Professional Services
Account Management, Project Management,System Design, CAOD, System Programming &Configuration, Equipment Rack Build, Field Installation, System Testing & Commissioning,
Customer Training & System DocumentationProfessional Services Sub-total $37,776.06 Taxable Professional ServicesTaxable Professional Services Sub-total $4,026.54 SPINITAR SS-SUPPORT-PG One Year Performance Guarantee 1 $2,986.00 $2,986.00SPINITAR EWR-FEE Electronic waste recycling 3 $7.00 $21.00 SUBTOTAL:I $128,235.72
SALES TAX: $8,427.62
TOTAL: $136,663.34

IF YOU WISH TO ACCEPT THIS PROPOSAL, PLEASE SIGN AND RETURN ACCEPTED BY:____________________________ SIGNATURE:_______________________ DATE:_______________________ (Print Name)
TITLE:_____________________________

1. Customer is responsible for structural, electrical & conduit requirements unless otherwise noted. System design is property of Spinitar and is copyrighted and confidential.

2. Spinitar retains the right to substitute equivalent product for commercial or technical reasons without affecting the rest of the contract.

3. Terms are 40% down at the time of order, 40% when system delivery begins, and final 20% at sign off.

4. 1.5% / month interest on accounts 20 days past due. Cancelled orders will incur a 25% restocking charge or the total of all incurred charges, whichever is greater.

5. Spinitar guarantees the price as quoted for ten (10) days from the date of quotation, unless otherwise noted.

Prhted on 7/24/2023 Page 4 of 4
City of Avalon
Council Chamber AV Upgrade
Council Chamber
Typical of I - Proposal Includes 1
1-Series’ Coot-or Snlenr

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Representative Haley Sohollin
Mobile 049.584 1528
Tott Enoiporeol
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Audia Visual
Pepto isa H(ny S000ilno
Moh3n 949 5947020
Ohio, 710637 7557
50100 Hoyaa1o7i11
3010 ((120,2023
Contact Jaol(o Hn,ie(ak
Attdrc 4(OAaAOn C,i, Rd.

Ctly. Slot,’, Zip A,’I,ii, CA 50704
Phone 310-5(0-9220, ool 23

1.106,10
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Audio Visual Investment Summary
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WosIglo Audio Visual 4592 90,15 fl(ao,o SIred. 5,11107. Otango CA 02067 4 P 74* 03? 7272

CITY OF AVALON CITY COUNCIL
MEETING DATE: January 16, 2024 AGENDA ITEM: 13
ORIGINATING DEP: Harbor CITY MANAGER: c4L
PREPARED BY: Orne Carstarphen, Harbor Master
SUBJECT: Float 4 and 4A Repair and Refurbishment
RECOMMENDED ACTION(S): Authorize the City Manager to enter into an agreement with Catalina Boatyard Inc. for repair and refurbishment of Cabrillo Mole Floats 4, 4A for a total contract price of $97,312.

REPORT SUMMARY: During the December 20, 2022 City Council Meeting, the City Council made the determination that a competitive market does not exist for the maintenance of the City-owned harbor floats. The City Council authorized the City Manager to dispense withcompetitive purchasing process and designated Catalina Boatyard Inc. and DiversifiedComposites Inc. as vendors meeting the Economic Efficiency standard as outlined in the Avalon Municipal Code section 3-4.111(c).

Mole Floats 4, 4A are integral to the Cabrillo Mole Transportation Terminal and part of anecessary dock system that allows for the loading and unloading of passengers and freight to Avalon Harbor. Each float system consist of two attached docks designated as 4, 4A and 5, 5A. Floats 4, 4A are overdue for repair and refurbishment.

While floats 1-3 are of a steel and composite build materials, floats 4, 4A and 5, 5A are constructed of plywood and fiberglass materials. Per the City’s finding of economic efficiency, the Harbor Master contacted Dennis Choate of Diversified Composites in Long Beach and Caleb Lins of Catalina Boatyard Inc. for bids on rehabilitating Floats 4, 4A.

Per the terms of the procurement policy, the contract award must be brought to the City Council for approval.Only one vendor — Catalina Boatyard Inc. — provided a proposal. Per the proposal, Catalina Boatyard Inc. agreed to perform the following scope of work for a total contract price of $97,312.00:
• Haul out and launch of each float• High Pressure Power wash of bottom sides and deck• Prep and apply anti fouling bottom paint• Replace sacrificial plywood wear sheathing on both sides• Fix or replace non-skid worn areas• Apply epoxy paint to deck sides As a part of the proposal, Catalina Boatyard, Inc. agreed to furnish the following materials:
• All needed abrasives• PPE
• Antifouling paints• Epoxy paints
• Marine grade plywood
• 5200 Adhesives• All necessary fasteners
Staff recommend authorizing the City Manager to enter into an agreement with Catalina Boatyard Inc. for repair and refurbishment of floats 4, 4A.

GOAL ALIGNMENT: Critical infrastructure.

FISCAL IMPACTS: The funds to repair and refurbish Floats 4, 4A are part of the float maintenance budget for Fiscal Year 2023-24.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Required repairs and maintenance will continue to be overdue.

FOLLOW UP ACTION: Authorize Catalina Boatyard Inc. to provide required maintenance andrepair of Floats 4, 4A ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.

ATTACHMENTS: Catalina Boatyard Inc. email proposal
) Reply all Delete Junk V X
Float 4 Maintenance
Caleb Lins Administration <[email protected]> ) Reply all I Wed /13, 2:8 PM
Orne Carstarphen
FLOAT 4 ESTIMATE
Performed below described service, supplied all marine grade materials needed and Haul and Launch.

Scrape and sand bottoms, remove all plywood sheathing, fiberglass, old screw holes, and all areas that had damaged fiberglass. Cut, router, primer, paint, and install all new plywood sheathing. Apply 2 coats of bottom paint. Apply new non skid in worn areas. Prep and paint deck nd top sides, apply epoxy paint and non skid on entire deck.
$97,312.00

CITY OF AVALON CITY COUNCIL
MEETING DATE: January 16, 2024 AGENDA ITEM: 1’f
ORIGINATING DEP: Harbor CITY MANAGER: _______ PREPARED BY: Orne Carstarphen Harbor Master SUBJECT: Harbor Patrol Boat Volvo D3 Engine replacement RECOMMENDED ACTION(S): Authorize the City Manager to approve an expenditure for purchase of two new Volvo D3-200A Engine package systems for Patrol Boat 1 and 4.REPORT SUMMARY: Patrol Boat 1, and 4 are part of a fleet of 7 boats necessary to carry out the day-to-day operations of the City. Each Patrol Boat is equipped with a Volvo D3 enginewith an hourly range from 2200 (1) to 6000 (4) operating hours. Useful life is generally 8000 hours. It is anticipated that Patrol Boat 4 will need engine replacement during the summer of 2024 and Patrol Boat 1 will need engine replacement in 2025.

Three vendors were contacted in order to obtain quotes for the D3 engine packages. Marine Diesel Services and Tom Smith Marine were unable offer the D3 engine package, as both vendors reported the D3 engine is no longer in production. Harry’s Marine Service reported that they have two D3 engine packages available to the City of Avalon.

One quotes was obtained from the following vendors. Volvo D3 engine now out of production.

Marine Diesel Services Engine unavailableHarry’s Marine Service $ 118,017.82 Tom Smith Marine Engine unavailable
Staff recommend Harry’s Marine Service be awarded the engine repower.GOAL ALIGNMENT: None FISCAL IMPACTS: The purchases of replacement engine packages was anticipated in the adopted 2023-24 budget for Patrol Boat Repair and Maintenance 10470-6689.CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Harbor Department Personnel will not have necessary equipment for its day-to-day operations.FOLLOW UP ACTION: Notify Harry’s Marine of decision of the City Council.

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

ATTACHMENTS: Engine quote for the repower of Patrol Boat 1 and 4 D3-200 engine packages.

Replyall” jjj Delete JunkIV
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D3-DPS engine package quote
Sent items
Orne Carstarphen
Tue 12/12/2023. 22 PM
Kyle Gamier <[email protected]>; Kevt Schmidt i
Replyall H
Show all 1 attachments (214 KB) Download
Hello Kyle,
I am looking to replace the Volvo D3-DPS engine package that includes, transom shield, and DP outdrive for Patrol Boat 4. I will also need any associated accessories like the shift helm, electronics screen etc. We use aluminum props not stainless on our boats so if you require specific infOrmation including prop numberI can provide this for you. If you would like to participate in this process, please provide me a quote for these items and include an estimate for installation. I will include this quote and any other vender quotes I receive to the City Manager for review. Please respond no later than January 1, 2024 to be included.

Thank you,
2image0O9.png Orne Carstarphen
Harbor Master, City of Avalon
22 Pleasure Pier? Box 1085
Avalon, CA 90704
Tel 310-510-0535 I Fax [email protected] www.CityofAvalon.com
The message (including any attachments) may contain confidential, proprietary, privileged and/or private information. The intormation is intended to be for the use of the individual or entity designated above. If you are not the intended recipient of this message. please notify the sender immediately, and delete the message and any attachments. Any disclosure, reproduction, distribution or other use ot this message or any atlachments by an individual or entity other than tho intendedrecipient is prohibited. ) Reply all J ijj Delete Junk I
RE: BOAT 4 QUOTE
Kyle Gamier <[email protected]> Reply all
!oday. 9.3 AM
Orne Carstarphen; Tarah Auld <[email protected]>; +2 more Inbox
You replied on 1/2/2024 4:34 PM.

AVALON ENGINE QUOT.
10 KB
Download
Hello Orne,Please see attached quote,
The quote has x2 engine packages, and the labor to repower boat 4 only. When you are ready to repower another vessel with the remaining d3 package we will give you a labor only quote at that time.

I
VOLVO
PENTA Kyle Gamier
President I Harry’s Marine Servicephone: 714-771-7899
site: www.harrysmarine.comemail: j.ç[email protected] address: 1141 N. Citrus St. Orange CA, 92867
From: [email protected] <[email protected]> Sent: Friday, December 29, 2023 9:56 AM
To: Kyle Gamier <[email protected]>; Tarah Auld <[email protected]> Cc: Steven K <[email protected]>; Kevin Schmidt <[email protected]> Subject: Re: BOAT 4 QUOTE
Kyle,
quoted at a more reasonable date when we know we are going to install the engine. I can pay the labor on a separate invoice.

Thank you,
Orne
From: Kyle Gamier <[email protected]>
Sent: Friday, December 29, 2023 9:16:36 AM
To: Orne Carstarphen; Tarah Auld
Cc: Steven K; Kevin Schmidt
Subject: Re: BOAT 4 QUOTE
Hello Orne,I will have to change the invoice after the New year. But it would be basically double the one you have.Unless you want to just purchase the other one for now and we can do a labor quote when you’re ready for the second repower
Kyle
Sent via the Samsung Galaxy S22÷ 5G. an AT&T SG smartphone Get Outlook for AndroidFrom: ocarstarphen(Ecityofavalon.com <ocarstarphen cityofavalon.com> on behalf of Orne carstarphen <oca rstarphen(cityofavalon.com>Sent: Thursday, December 28, 2023 3:57:37 PM To: Kyle Gamier <kyleharrysmarine.com>; Tarah Auld <[email protected]> Cc: Steven K <stevenk84 hotmail.com>; Kevin Schmidt <kschmidtcityofavalon.com>Subject: Re: BOAT 4 QUOTE Kyle,I hope you and your staff had some much needed time off. I am interested in purchasing the second D3 package in addition to the one that you have quoted for me. If you haven’t promised that engine to anyone else, please send me a second quote for the two engine packages together.

I need to write a staff report and put this in front of our City Council for approval.

If you have any questions or concerns please do not hesitate to contact me.

Orne
From: Kyle Ga rnier <kyi@iiaLLysmarine,com>
Sent: Friday, December 15, 2023 7:44:46 AM
To: Orne Carstarphen; Tarah Auld
Cc: Steven KSubject: BOAT 4 QUOTEHello Orne,
Please see attached quote for boat 4. The price of the engine has increased 15% above standard retail per our engine distributor, the regular accessories stayed the same. Our distributor did this because these are the last D3s available and the highest bidder took them, or first person to Buy them at the increased price.

Harry’s Marine now owns the last 2, D3 Packages in North America. 17LVO
PENTA. Kyle Gamier
President I Harry’s Marine Service
phone: 714-7717899
site: www.harrysmarine.comemail: [email protected]
address: 1141 N. Citrus St, Orange CA, 92867
STATUS: QUOTE
Open Date: 12/15/2023

HARRVS MARINE SERVICE
1141 North Citms Street
Omnge C 92857
Ph (714) 771-7S9
[email protected]
Quote # 5173
IIIIHI 11111 IIII 1111 II

CUSTOMER

ORNE CARSTARPHENCITY OF AVALON
PD BOX 707
AVALON ,CA 90704
(310) 882-8236
[email protected] — EI?CL1RY KONLER. 1W=F - T Req Fill OEM Item Description BIn Your Price Amount W Stat lABOR
.‘
L 40.00 40.00 82022 REPOWER 03 SINGLE FOR BOAT 4 165.00 6,600.00 N Materials:

Labor: 6,600.00
Subtotal: 6,600.00
PARTS
I 2.00 2.00 VOL 40869580 03-200AEVC-E4 36,489.50 72,979.00 N M 1.00 1.00 130430509 POWER SETTING -200HP 0.00 0.00 N
M 2.00 2.00 130431502 COOLING SYSTEM - HE
. 0.00 0.00 N
M 2.00 2.00 130436401 POWER STEERING
. 0.00 0.00 N
I 2.00 2.00 VOL 21380883 STEERING CYLINDER
. 0.00 0.00 N
I 2.00 2.00 VOL 22491357 UPS-Ui DRIVE 1.95.1 SHOP 5060.00 10,120.00 N I 2.00 2.00 VOL 22865044 TRANSOM SHIELD - UPS 1,265.00 2,530.00 NI 2.00 2.00 VOL 21407223 SHIFTCABLE-10 GO 51.00 102.00 N M 2.00 2.00 TBD lH 4 PROPELLERS 905.00 1,810.00 N
I 4.00 4.00 VOL 23219274 ENGINE OIL- VDS4 BACK 35.00 140.00 N I 4.00 4.00 VOL 22567314 COOLANT VDSYELLOW CKROC 36.00 144.00 N I 2.00 2.00 VOL 21974883 MAIN STATION KIT SINGLE 574.00 1,148.00 NI 2.00 2.00 VOL 23062585 CONTROL LEVER 3,733.00 7,466.00 N I 2.00 2.00 VOL 23975324 GLASS COCKPIT 7 LO 2,230.00 4,460.00 N I 2.00 2.00 VOL 23561738 ENGINE WIRING HARNESS 7M H 218.00 436.00 N I 2.00 2,00 VOL 24273878 EASYCONNECT-NMEA2000CONVERTER
. 412.00 824.00 N
Materials: 102,159.00
Labor:

Subtotal: 102,159.00
Commander; Form 5R Page 1 of 2 Printed 112/2024 9:21:46AM ORNE CARSTARPHEN QUOTE #5173
Payment Details — Totals
Item 100349.00 Amount Payment Date
Fee 0.00
Unit 0.00
Labor 6,600.00
Kit 0.00
Misc 1,810.00
Subtotal 108,759.00
Shop Fees 130.00
Ship By Fed Ex 700.00
CA 8,428.8225
Total Due 118017.82 Tracking No. 7 Total Paid 0.00
I Balance Due 118,017.82
Service Requested
THIS QUOTE IS TO REPOWER BOAT 4 AND TO STOCK A SECOND AND LAST D3 PACKAGE Repair Order Recommendation
WE APPRECIATE YOUR BUSINESS! PLEASE PAY FROM INVOICE. AMOUNT DUE & PAYABLE UPON PRESENTATION. A FINANCE CHARGE OF 1.5% WILL APPLY ON ACCOUNTS 30 DAYS PAST DUE.

Disclaimer:

I HEREBY AUTHORIZE THE ABOVE REPAIR TO BE DONE ALONG WITH THE NECESSARY MATERIAL AND HEREBY GRANT YOU ANIYOR YOUR EMPLOYEE PERMISSION TO OPERATE THE VEHICLE, VESSEL OR ENGINE HEREIN DESCRIBED, ON SHEETS, HIGHWAYS, WATERWAY ORELSEWHERE FOR THE PURPOSE OF INSPECTION OR TESTING. I HEREBY GRANT YOUR IMMUNITY FROM LAWSUITS ARISING OUT OF LOSS OFUSE OR CARGO. ALSO, I AGREE THAT YOUR WARRANTY RESPONSIBILITY IS LIMITED TO REPAIRING OR REPLACING FAILED MATERIAL ANDIOR

CORRECTION OF WORKMANSHIP ON ENGINES, TRANSMISSION OR REVERSE GEARS ON WHICH REPAIRS ARE MADE, WITHIN THE WARRANTABLE PERIOD OF 90 DAYS LABOR 1 -YEAR PARTS. AN EXPRESS LIEN IS HEREBY ACKNOWLEDGED ON THE ABOVE VEHICLE, VESSEL, EQUIPMENT. OR PRODUCT TO SECURE THE NUMBER OF CHARGES THERETO. IF CHARGES ARE NOT PAID FOR ACCORDING TO YOUR TERMS OF NET 10TH PROXY, WE AGREE TO PAY YOU 15 % INTEREST, COLLECTIONS COSTS AND IF SUIT IS INSTITUTES BY YOU AND YOU PREVAIL, A REASONABLE ATTORNEYS FEE. THE REPAIRER IS NOT RESPONSIBLE FOR LOSS DAMAGE TO ARTICLES LEFT WITH VEHICLE, VESSEL, OREQUIPMENT IN CASE OF FIRE, THEFT, OR ANY OTHER CAUSE BEYOND THEIR CONTROL. I ALSO HEREBY AUTHORIZE AND UNDERSTAND THAT ALL REPAIRS WILL BE PERFORMED ON A TIME AND MATERIAL BASIS, CALCULATED, AND INVOICED AT THE FOLLOWING RATES: SHOP $165.00 PER HOUR, FIELD $165.00 PER HOUR, PLUS $2.00 PER MILE THAT OUR SERVICE VEHICLES TRAVEL. LABOR CHARGES WILL BEGIN FROM THE TIME MECHANIC IS DISPATCHED FROM OUR SHOP FACILITY AND END UPON THE MECHANICS’ RETURN TO OUR SHOP FACILITY. IFA REPAIR IS BEING DONE ON AN AGREED PRICE A NOTE WILL BE ADDED UNDER SERVICE REQUESTED. ALL VESSELS LEFT ON THE PREMISES WILL BECHARED $250.00 PER DAY FOR STORAGE AFTER VERBAL WARNING OR EMAIL HAS BEEN SENT TO THE CUSTOMER IF INVOICES ARE NOT PAID AFTER 30 DAYS, HARRY’S MAIRNE SERVICE WILL CHARGE THE CREDIT CARD ON FILE.ALL CREDIT CARD TRANSACTIONS WILL HAVE A 2% PROCESSING FEE WEATHER RAN ON TIME OR PAST DUE BY SIGNING BELOW, YOU AGREE TO THE DISCLAIMER WRITTEN ABOVE. __________________________________
Date:

OWNER OF AGENT SIGNATURE
Commander: Form 5R Page 2 of 2 Printed 1/212024 9:21:46AM > Reply all I Delete Junk I X
your D3 package I
Tom Smith <[email protected]> Reply all ITue /i2I2o23:l2 PMTo: Orne Carstarphen Cc: Tom Smith <[email protected]>
Inbox
You replied on 12/12/2023 3:19 PM.

You are quite right, they are still listed but they stopped building them some time ago.

I would be happy to sell you parts, but the process of selling you packages is of little profit for me, every one is cutting and the city is also, sorry but i must drop outof the bid process for packages, parts only..good luck.

Respectfully
Tom Smith, Bay MarineTom Smith Marine 562-427-6800
Evinrude Dealer Since 1976
Bay Marine 562-426-2216
Volvo Penta Dealer Since 1993
2852 Gardena Ave. Signal Hill
Ca.90755
Fax 562-426-1982
Tuesday - Friday 10 AM to 4 PM
Closed Saturday, Sunday & Monday
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed, If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.! liii
D3-200A-H
Al 122765
From: erik@ marinedieselservice,com <[email protected]> Sent: Tuesday, December 12, 2023 3:02 :46 PM
To: Orne Carstarphen
Cc: Kevin Schmidt j ,ç Subject: RE: D3-DPS quote request Hello Orne and Kevin,
Appreciate this opportunity again to serve as the City’s choice on this repower.

Please accept this email as a yes to bid on this repower.

I need some information on this Patrol boat #4. We don’t have notes recorced for this patrol boat #4.

Can I get an engine serial number for this D3?
The Volvo Penta D3 was phased out and I don’t believe there is anymore mdre new old stock. I will check and verify. Volvo Penta’s next option is the D4. HP starts at 175.

D3 to D4 repower is possible if we have the engine room capacity.

Would appreciate your input on this potential.

Respectfully,
Erik Pedersen
1711 Whittier Ave. B
Costa Mesa, Ca 92627
949-612-8180 Officewww.Marinedieselscrvice.com
<imageoo2.jpg>
From: ocarstarpj.çijyofava lon.com <[email protected]> Sent: Tuesday, December 12, 2023 1:40 PM
To: Erik <[email protected]>
Cc: Kevin Schmidt <kschmidt..g.yofavalon .com>Subject: D3-DPS quote request HeHo Erik,
) Replyalljv Delete JunktV
Re: D3DPS quote request
• Orne Carstarphen Reply all I Tue 12/12/2023 S:43 PM
To: erik@marinedieselservicecom
Cc: Kevin Schmidt
Sent items
Question? Is Volvo planning on making a replacement engine as they phase out D3? Or is the D4 going to be the only replacement option in place of the D3 in the future? Sent from my Phone
On Dec 12, 2023, at 4:39 PM, [email protected] wrote:

No more D3’s left to get for a repower. Harry’s just purchased the last 2. They may be for stock or may be slated for a job already. Might see what they say on your repower request. 04 is the only option in Volvo Penta I can proved with a DPI drive.

Let me know if you want us to put a quote together for a D4 repower.

Sincerely,
Erik Pedersen
1711 Whittier Ave. B
Costa Mesa, Ca 92627
949-6I2-8I80 Office
www.Marinedieselservice.com
<image002.jpg>
From: [email protected] <ocarstarphen @cityofavalon .com> Sent: Tuesday, December 12, 2023 3:18 PM To: [email protected]
Cc: Kevin Schmidt <[email protected]> Subject: Re: D3-DPS quote request Erik,

Avalon City CouncilJanuary 16, 2024

Avalon City Council
January 16, 2024