Agenda — Avalon City Council, August 20, 2024

AVALON CITY COUNCIL MEETING
TUESDAY, AUGUST 20, 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 II). All public records relating to an agenda item on this agenda are available for the public inspection at the time the records are distributed to all, or a majority of all, members of the City Council. Such records shall be available at City Hall located at 410 Avalon Canyon Rd.

For the public's convenience, but not participation, the meeting can be viewed:

On local cable: Catalina Broadband Solutions channel 3
Streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial Streaming on YouTube: https://www.youtube.com/CityofAvalonCA

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

ANNOUNCEMENTS / WRITTEN COMMUNICATIONS

DEPARTMENT HEAD REPORTS

CITY MANAGER REPORT / CITY ATTORNEY REPORT

COUNCILMEMBER REPORTS/REQUESTS / MAYOR REPORT

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

CONSENT CALENDAR
City Council Minutes
Although the live recording is the official record of public meetings, minutes are prepared for the Council's approval.

Recommended Action
Approve minutes from the July 16, 2024 regular City Council Meeting and the August 6, 2024 regular City Council Meeting.

Warrants
Expenditures Submitted for Approval
• Warrants from the US General Fund in the amount of $1,245,332.38 • One payroll totaling $290,141.18.
• Three electronic fund transfers totaling $1,432, 306.03.

Recommended Action
Approve the disbursements for July 29, 2024 through August 9, 2024 totaling $2,967,779.59.

CITY COUNCIL AGENDA
AUGUST 20, 2024
PAGE 2

3. League of California Cities Annual Voting Delegate
The Annual League of California Cities Conference will be held in Long Beach, California from October 16 to 18, 2024. An important part of the conference is the Annual Business Meeting. At this business meeting, the League membership considers and takes action on resolutions that establish League Policy. In order to vote at the Business Meeting, City Council must designate a voting delegate and an alternate voting delegate. Historically, the Mayor and Mayor Pro Tem has been appointed voting/alternate voting delegates if they attend the meeting.

Recommended Action
Adopt a resolution appointing Mayor Marshall as the voting delegate and Mayor Pro Tem Lisa Lavelle as an alternate voting delegate for the Annual League of California Cities Conference in October 2024.

GENERAL BUSINESS
First Reading of an Ordinance Amending Chapter 9-7, Article 10 "Antennas" of the Avalon Municipal Code and Adoption of Exemption Findings Under the California Environmental Quality Act
The City's regulations for antennas and wireless facilities located outside the right-of- way on public and private property (AMC Chapter 9-7, Article 10) have not been updated since 1997. The proposed ordinance seeks to update and streamline the City wireless regulations for facilities outside the public right-of-way in light of numerous federal and state laws and regulations that have since taken effect, which (among other things) significantly restricted local control over the permitting and placement of wireless facilities.

Recommended Action
Introduce and waive all readings of an ordinance of the City of Avalon amending Chapter 9-7, Article 10 "Antennas" of the Avalon Municipal Code regarding wireless facilities and adoption of exemption findings under the California Environmental Quality Act.

5. Sunset Bar and Grill Transportation Permit Application On July 25, 2024, Veronica Bravo of the Sunset Bar and Grill submitted a Transportation Permit application and fee to the City of Avalon to provide pick-up/drop-off at 888 Country Club Drive and the passenger loading zone in the 100 block of Catalina. The restaurant is not in the flats area and providing an available transportation permit will allow visitors to more easily frequent the restaurant.

Recommended Action
Discuss and, if consensus is met, approve the Transportation Permit for the Sunset Bar and Grill to • utilize a commercial autoette permit to pick-up/drop-off guests to the restaurant with stated conditions.

CITY COUNCIL AGENDA
AUGUST 20, 2024
PAGE 3

6. Ratify Prior Action - Purchase of Pump for Pebbly Beach Lift Station Recently two pumps failed at the Pebbly Beach Lift Station and are in need of repair and/or replacement. PERC Water recommended that one of the pumps get repaired, and the second pump be replaced. It was determined that one pump needed to be ordered as soon as possible due to the extreme lead time for the new pump, staff felt it was essential that the new pump be ordered immediately.

Recommeded Action
Determine that an emergency existed and ratify action by the City Manager and Public Works Director to purchase a new Flygt 6" submersible pump for the Pebbly Beach Lift Station. Make the affirmative finding that the Xylem Water Solutions, Inc. has satisfied the sole source requirement as specified in the Avalon Municipal Code Section 3-

4.111(b). Allocate funds from Sewer Fund 108-25-6552 for the procurement in the amount of not-to-exceed $38,500.

ADJOURN

NOTICE OF POSTING
I, Gabrielle Morones, declare that the City Council Agenda for Tuesday, August 20, 2024 was posted on Friday, August 16, 2024 on the City's website www.cityofavalon.com/agendacenter. and at City Hall, 410 Avalon Canyon Road.

Sabille
Gabrielle Morones, City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: August 20, 2024 AGENDA ITEM: 1
ORIGINATING DEP: City Clerk CITY MANAGER: DHM
PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the July 16, 2024 and August 6, 2024 regular City Council Meetings.

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

FISCAL IMPACTS: N/A.

GOAL ALIGNMENT: Not Aligned.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.

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

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

ATTACHMENTS:

1. July 16, 2024 regular City Council Meeting Minutes

2. August 6, 2024 regular City Council Meeting Minutes

AVALON CITY COUNCIL MEETING
TUESDAY, JULY 16, 2024 - 5:00 PM
410 AVALON CANYON ROAD

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

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

Councilmember Lisa Lavelle and Mary Schickling.

WRITTEN COMMUNICATIONS-City Staff received one written communication regarding Items #6 Appeal of Commercial Autoette Permit Approval Condition for All Electric. The written communication was provided to city council and is on file in the City Clerk's Office.

CONSENT CALENDAR-There were 5 Items on the Consent Calendar. Motion to approve Items #1-#5 made by Michael Ponce, seconded by Yesenia De La Rosa. (3 Ayes-Marshall, De La Rosa and Ponce; 2 Absent-Councilmembers Lavelle and Schickling.

1. City Council Minutes
Approved minutes from the June 18, 2024 regular City Council Meeting.

2. Warrants
Approved warrants from the General Fund in the amount of $373,504.39, one wire transfer to the landfill closure trust account in the amount of $294,390.00, one payroll totaling $276,588.23 and three electronic fund transfers totaling $139,800.40 totaling $1,084,283.02 for June 24, 2024 through July 5, 2024.

Ordinance Amending Chapter 4-4 of the Avalon Municipal Code Regarding Curb Markings and Adoption of Exemption Findings Under the California Environmental Quality Act
Adopted Ordinance No. 1219-24 of the City Council of the City of Avalon, California Amending Chapter 4-4.1102 of the Avalon Municipal Code Regarding Curb Markings and Adoption of Exemption Findings Under the California Environmental Quality Act.

Request for Proposals for Local Hazard Mitigation Plan
Authorized the City Manager or his designee to solicit a requests for proposal for consultants to create an updated Local Hazard Mitigation Plan (LHMP) through a fully funded Hazard Mitigation Grant Program established by the Federal Emergency Management Agency.

5. Grant Funding Application to the California Division of Boating and Waterways Adopted Resolution No. 24-29 of the City Council of the City of Avalon Approving the Submittal of an Application for Funding from the State of California Department of Parks and Recreation Division of Boating and Waterways for the Tier I Boating Infrastructure Grant.

CITY COUNCIL MINUTES
JULY 16, 2024
PAGE 2

PUBLIC HEARING

6. Appeal of Commercial Autoette Permit Approval Condition for All Electric

1. Mayor Marshall opened the Public Hearing. 2. Public Comments were heard. 3.

Mayor Marshall closed the Public Hearing. 4. City Council considered applicants appeal and chose option b.) Overturned the decision of the Vehicle Hearing Officer.

Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (3 Ayes-Marshall, De La Rosa and Ponce; 2 Absent-Councilmembers Lavelle and Schickling.

GENERAL BUSINESS

7. Planning Commission Appointments
Considered the recommendation of Mayor Ann H. Marshall to appoint Sean Sterling as a Planning Commissioner with a four-year term. City Council appointed Sean Sterling to serve as a Planning Commissioner for a year term- expiring June 30, 2028.

Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (3 Ayes-Marshall, De La Rosa and Ponce; 2 Absent-Councilmembers Lavelle and Schickling.

8. Purchase of 2024 Vita Seal Electric Boat

1. Made the affirmative finding that Vita Power is the sole source provider of commercial harbor craft vessels approved by the Clean Off-Road Equipment (CORE) Voucher Incentive Program. 2. Authorized the City Manager, or his designee, to procure a new Vita Seal Electric Boat, per the City's procurement process.

Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (3 Ayes-Marshall, De La Rosa and Ponce; 2 Absent-Councilmembers Lavelle and Schickling).

9. Law Enforcement Services Agreement with Los Angeles County Adopted Resolution No. 24-30 of the City of Avalon Approving a Five-Year Municipal Law Enforcement Services Agreement with the County of Los Angeles for Public Services Provided by the Los Angeles County Sheriff's Department and Authorizing the City Manager to Procure Services of the Los Angeles County Sheriff's Department Annually up to an Amount Authorized in the City's Operating and Capital Budget for the Period of July 1, 2024 through June 30, 2029.

Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (3 Ayes-Marshall, De La Rosa and Ponce; 2 Absent-Councilmembers Lavelle and Schickling).

CITY COUNCIL MINUTES
JULY 16, 2024
PAGE 3
CLOSED SESSION-5:56 p.m. - 6:14 p.m.

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

1. REAL PROPERTY NEGOTIATION
Property: APN# 7480021006
Agency Negotiator: City Manager
Negotiating Parties: Catalina Island Company
Under Negotiation: Price and terms.

Following Closed Session the Mayor announced there was no reportable action.

Mayor Marshall adjourned the meeting at 6:14 p.m.
1, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the regular City Council Meeting on July 16, 2024, is the official record of the Council Meeting and is on file and maintained in City Hall.

Salielle Merres
Gabrielle Morones, Deputy City Clerk

AVALON CITY COUNCIL MEETING
TUESDAY, AUGUST 6, 2024 - 4:30 PM
410 AVALON CANYON ROAD

MINUTES
CALL TO ORDER: 4:30 p.m.

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

GENERAL BUSINESS
Avalon City Council Policies Manual Review
City Council reviewed the Avalon City Council Policies Manual which included proposed amendments. City Council requested the following additional revisions to be included:
1) Staff was directed to prepare and include a list of various organizations and state/federal legislative offices/contact information.
2) On the agenda covers change Councilmember Reports/Mayors Report to reflect Councilmember Reports/Councilmember Requests/Mayors Report. 3) Two minutes for general oral communication and three minutes on agenda items will be allotted to each speaker.
4) Set a policy for written communications to City Council from the public to be compiled, printed and distributed to City Council for review.

WRITTEN COMMUNICATIONS-City Staff received one email from Leslie Warner in support of Item #12 Extension of Moratorium on the Issuance of Transient Rental Licenses for Transient Rental use to New Applicants. The email was provided to city council and is on file in the City Clerk's office.

CONSENT CALENDAR-There were 5 Items on the Consent Calendar. Motion to approve Items #2-#6 made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes) City Council Minutes
Approved minutes from the July 2, 2024 regular City Council Meeting.

Warrants
Approved warrants from the General Fund in the amount of $842,983.29, two payrolls totaling $566,563.53, and four electronic fund transfers totaling $1,155,789.96 for a total expenditure of $2,565,336.78 for July 8, 2024 through July 26, 2024.

Fiscal Year 2023-2024 Fourth Quarter Treasurer's Report Adopted Resolution No. SA 24-31 of the City Council of the City of Avalon/Successor Agency to the Avalon Community Improvement Agency Adopting the Treasurer's Investment Report for Fiscal Year 2023/2024 Fourth Quarter.

CITY COUNCIL MINUTES
AUGUST 6, 2024
PAGE 2

5. Declare Surplus Equipment
Adopted Resolution No. 24-32 of the City Council of the City of Avalon Declaring Specified Equipment to be Surplus and Authorizing the Sale or Disposal Thereot.

Buffalo Nickel Transportation Permit Renewal
Approved the renewal of a Transportation Permit for Buffalo Nickel with stated conditions.

GENERAL BUSINESS (CONTINUED)

7. Contract Award to Olyns, Inc. for Reverse Vending Machine Awarded a contract to Olyns Inc. for procurement of (1) reverse vending machine (RVM), including software, maintenance, and advertising services, in an amount not-to-exceed $35,000; and, authorized the City Manager to execute the contract and any related documents.

Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes) Island Enterprises, Inc. Transportation Permit Application

1. Received presentation. 2. Discussed. 3. Approved the Transportation Permit for Island Enterprises, Inc. to utilize a commercial vehicle permit to conduct tours in an oversized vehicle with stated conditions to also include proof of CA DMV approval for vehicle modification and passenger endorsements) for each driver.

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

9. Contract Award to Public Sector Personnel Consultants for Total Compensation Study Awarded a contract to Public Sector Personnel Consultants to complete a Total Compensation Study and provide on-call consulting services, in an amount not-to-exceed $45,000; and, authorized the City Manager to execute the contract and any related documents.

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

10. Crescent Hillside Stabilization Contractor Procurement

1. Made a finding that emergency measures must continue to be implemented to protect from economic loss of both City property and the adjoining private property, as well as reduce the hazardous conditions from a landslide below the Crescent Avenue Stairway.

2. Authorized the City Manager or his designee to negotiate additional work to repair the Crescent Avenue Hillside/Stairway for a not-to-exceed $600,000. 3. Amended the FY 2024-25 Budget by increasing account 10550-6547, CIP Project #205002, by $358,977 for a total project sum of $875,000.

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

CITY COUNCIL MINUTES
AUGUST 6, 2024
PAGE 3

11. Medical Cannabis Delivery Service Business Permit Termination and Revocation Appeal and New Application Solicitation

1. Affirmed, the City Manager's decision to terminate a permit to provide medical cannabis delivery business services from CJMH Group Inc. dba Catalina Connect and found that the permit had been terminated. 2. Authorized the entity, CJMH Group, Inc, and/or owners, Steven Breeton or Carl Johnson to apply for a future City of Avalon Medical Cannabis Delivery Business permit without prejudice. 3. Authorized the City Manager to refund an appeal fee submitted on behalf of Carl Johnson regarding the revocation of CJMH Group, Inc. 's permit. 4. Authorized City Staff to open the application process for a new medical cannabis delivery business permit holder.

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

12. Extension of Moratorium on the Issuance of Transient Rental Licenses for Transient Rental Use to New Applicants
Adopted Urgency Ordinance U-1220-24 of the City of Avalon Extending the Moratorium on the Issuance of Transient Rental Licenses for Transient Rental Use to New Applicants to July 30, 2025.

Motion to approve made by Lisa Lavelle, seconded by Yesenia De La Rosa. (All Ayes) Mayor Marshall adjourned the meeting at 7:35 p.m.
1, Gabrielle Morones, City Clerk, do hereby certify that the DVD videotape of the regular City Council Meeting on August 6, 2024, is the official record of the Council Meeting and is on file and maintained in City Hall.

Mabelle Meaner
Gabrielle Morones, City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: August 20, 2024 AGENDA ITEM: 2
ORIGINATING DEP: Finance CITY MANAGER: Dues
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve the disbursements for July 29, 2024 through August 9, 2024 totaling $2,967,779.59.

REPORT SUMMARY: These disbursements through August gth are comprised of warrants from the US Bank General Account totaling $1,245,332.38, one payroll totaling $290,141.18, and other electronic fund transfers totaling $1,432,306.03, which includes the City's annual contributions of $1,333,618.86 to CIRA for its annual general liability, property, and worker's compensation insurance premiums.

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 38391 - 38465 1,229,610.17 08/02/24 GF US BANK WARRANTS CK# 38466 1,302.21 08/06/24
GF US BANK WARRANTS CK# 38467 13,920.00 08/07/24
GF US BANK WARRANTS CK# 38468 500.00 08/09/24
PAYROLL 290,141.18 08/09/24
EFT - CALPERS MEDICAL 90,280.05 08/05/24
EFT - CIRA FY24 INSURANCE + WC 1,333,618.86 08/05/24
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 8,407.12 08/09/24 TOTAL DISBURSEMENTS $ 2,967,779.59
GOAL ALIGNMENT: Ongoing meeting of City obligations.

FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in the FY23-24 Budget and FY24-25 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:
1) Audit Certificate
2) Warrant Lists

CITY OF AVALON
July 29 - August 9, 2024 DISBURSEMENTS
August 20, 2024

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 38391 - 38465 1,229,610.17 08/02/24 GF US BANK WARRANTS CK# 38466 1,302.21 08/06/24
GF US BANK WARRANTS CK# 38467 13,920.00 08/07/24
GF US BANK WARRANTS CK# 38468 500.00 08/09/24
PAYROLL 290,141.18 08/09/24
EFT - CALPERS MEDICAL 90,280.05 08/05/24
EFT - CIRA FY24 INSURANCE + WC 1,333,618.86 08/05/24
LEFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 8,407.12 08/09/24 TOTAL DISBURSEMENTS$ 2,967,779.59

CERTIFICATE
IN ACCORDANCE WITH SECTION 32702

OF THE GOVERNMENT CODE, I CERTIFY

THAT THE ABOVE DEMANDS ARE ACCURATE

AND THAT FUNDS ARE AVAILABLE FOR
PAYMENT.

I CERTIFY UNDER PENALTY OF PERJURY

APPROVED AND AUDITED THIS THAT THE FOREGOING IS TRUE AND 20TH DAY OF AUGUST 2024 CORRECT.

EXECUTED THIS 20TH DAY OF AUGUST 2024

AUDIT COMMITTEE -MICHALE PONCE

FINANCE DIRECTOR - MATTHEW BAKER

AUDIT COMMITTEE - MARY SCHICKLING

CITY OF AVALON

WARRANT DISBURSEMENTS
August 20, 2024

CHECK DATE

NUMBER ISSUED AMOUNT SERVICE-PIN DESCRIPTION
2000 HER SAND GRAVE CO.
38391 08/02/2024 $
38392 08/02/2024 $ 1,343.63 AVALON FREIGHT SERVICES, LLC SUPPLIES - ALL DEPT 38393 08/02/2024 $ 145.85 BARRAGAN, JOSE REIMB - OP COSTS 38394 08/02/2024 19,415.55 BEST, BEST & KRIEGER, LLP LEGAL FEES - 06/2024 38395 08/02/2024 3,155.66 CATALINA BEVERAGE CO SUPPLIES - ALL DEPT 38396 08/02/2024 $ 34.50 CICCS/EAP SERVICE - ADMIN
38397 08/02/2024 $ NORKERS COMP - FY24
38398 08/02/2024 166,621.31 CO. OF LOS ANGELES SHERIFF'S DEPT. 38399 08/02/2024 $ 1,522.25 COMMLINE INC
38400 08/02/2024 $ 315.00 CONEY ISLAND WES
38401 08/02/2024 $ 3,713.00 CONNOLLY PACIFIC CO.
38402 08/02/2024 $ 15.88 DION & SONS MARINE FUELS INC
38403 08/02/2024 $ 1,134.06 ESG ENGINEERING
38404 08/02/2024 3,011.40 ESG ENGINEERING
38405 08/02/2024 240.00 ESG ENGINEERING
38406 08/02/2024 22,407.25 ESG ENGINEERING
38407 08/02/2024 360.00 ESG ENGINEERING
38408 08/02/2024 3,891.50 ESG ENGINEERING
38409 08/02/2024 5,955.40 ESG ENGINEERING
38410 08/02/2024 29,916.99 ESG ENGINEERING
38411 08/02/2024 9,873.61 ESG ENGINEERING
38412 08/02/2024 900.00 ESG ENGINEERING
38413 08/02/2024 2,760.00 ESG ENGINEERING SERVICE - P/W 38414 08/02/2024 6,173.15 ESG ENGINEERING SERVICE -P/W
38415 08/02/2024 57,366.48 ESG ENGINEERING SERVICE-P/W
38416 08/02/2024 1,988.00 ESG ENGINEERING SERVICE - P/W 38417 08/02/2024 978.06 GRAINGER SUPPLIES - P/W
38418 08/02/2024 35,411.08 IDR ENVIRONMENTAL SERVICES HHW - DISPOSAL 05/2024 38419 08/02/2024 299.00 ISLAND EXPRESS HELICOPTERS INC. FREIGHT-P/W 38420 08/02/2024 12,626.79 SULLIVAN, MATTHEW SERVICE - P/W 38421 08/02/2024 5,208.79 NORTHERN TOOL & EQUIPMENT CATALOG H SUPPLIES - HARBOR 38422 08/02/2024 1,185.00 RANDALL L. FANNIN SERVICE - JMF 38423 08/02/2024 166,370.35 PERC WATER CONTRACT SVCS - 06/2024 38424 08/02/2024 140.57 QUILL CORP SUPPLIES - ALL DEPT
38425 08/02/2024 16,851.08 REGISTRAR-RECORDER/COUNTY CLERK SERVICE - ELECTION 38426 08/02/2024 21,320.00 SOUTHWEST MARINE RESOURCE, INC. SERVICE - HARBOR 38427 08/02/2024 8,602.70 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL: MULTI STUB CHECK 38428 08/02/2024 170,000.00 WAYNE PERRY, INC. SERVICE - PW 38429 08/02/2024 $ 1,728.34 AAA OIL, INC FUEL - ALL DEPTS 38430 08/02/2024 AMAZON CAPITAL SERVICES, INC. VOID: MULTI STUB CHECK 38431 08/02/2024 $ 18,511.72 AMAZON CAPITAL SERVICES, INC. SUPPLIES - ALL DEPT 38432 08/02/2024 1,329.97 ANIXTER, INC. SUPPLIES - HARBOR 38433 08/02/2024 1,433.85 AVALON FREIGHT SERVICES, LLC FREIGHT - ALL DEPTS 38434 08/02/2024 345.52 CATALINA BEVERAGE CO SUPPLIES - ALL DEPT 38435 08/02/2024 49.95 CATALINA BROADBAND SOLUTIONS SERVICE - P/W 38436 08/02/2024 $ 43.73 CATALINA ISLAND MEDICAL CENTER EMPLOYEE SCREENING 38437 08/02/2024 $ 12,696.24 CATALINA ISLAND VACATIONS RENTALS LODGING-P/W 38438 08/02/2024 3,056.62. COASTLINE EQUIPMENT SUPPLIES - GARAGE 38439 08/02/2024 $ 171.36 CREATIVE SIGN, INC. SUPPLIES - VEHICLES 38440 08/02/2024 $ 1,287.43 DION & SONS MARINE FUELS INC FUEL - HARBOR 38441 08/02/2024 $ 490.00 EAGLE PROTECTION SERVICE, INC. SERVICE - ADMIN 38442 08/02/2024 $ 587.43 GEMPLERS INC. UNIFORMS - P/W
38443 08/02/2024 5,189.21 GRAINGER SUPPLIES -P/W
38444 08/02/2024 16,167.64 GRANICUS, INC. SERVICE - ADMIN 38445 08/02/2024 3,078.78 HAWKEYE EQUIPMENT RENTALS, INC. SERVICE - P/W 38446 08/02/2024 1,211.10 HIGH TIDE TRADERS UNIFORMS- HARBOR 38447 08/02/2024 300.00 LEAGUE OF CALIFORNIA CITIES MEMBERSHIP 2025 38448 08/02/2024 255.55 MARTINEZ, JORGE L. REIMB - O/P COSTS 38449 08/02/2024 1,746.81 MATTHEWS INTERNATIONAL CORPORATION SUPPLIES - CEMETERY 38450 08/02/2024 27.63 ISLAND EXPRESS HELICOPTERS INC. FREIGHT-P/W 38451 08/02/2024 627.78 MCDONALD, AUDRA RETIREE INS - 08/20 38452 08/02/2024 S28.30 MCMASTER-CARR SUPPLIES -P/W
38453 08/02/2024 493.74 NAPA AUTO PARTS SUPPLIES - GARAGE 38454 08/02/2024 9,012.00 NETMOORING SERVICE - HARBOR
38455 08/02/2024 500.00 PARTNER ASSESSMENT CORPORATION SERVICE - ADMIN 38456 08/02/2024 445.62 QUILL CORP SUPPLIES - ALL DEPT
38457 08/02/2024 $ 297.56 RICOH USA, INC. COPIER LEASE - PLAN 38458 08/02/2024 es es 30.00 RODRIGUEZ, ADRIANA REFUND - PARK 38459 08/02/2024 165.70 RODRIGUEZ, PATRICIA REIMB - O/P COSTS

Page 1 of 2 ends

CITY OF AVALON

WARRANT DISBURSEMENTS
August 20, 2024
DATE

ISSUED AMOUNT NAME DESCRIPTION
08/02/2024 1,270.02 S&S WORLDWIDE, INC. SUPPLIES - RECREATION 08/02/2024 2,656.16 SHIELDS, HARPER & CO SERVICE - P/W
08/02/2024 24,082.45 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL: MULTI STUB CHECK 08/02/2024 $ 376.48 WEST MARINE PRO SUPPLIES - HARBOR
08/02/2024 $ 6,883.63 WESTRIDGE ENVIRONMENTAL GROUF SUPPLIES - WWTP 08/02/2024 807.75 WITMER PUBLIC SAFETY GROUP, INC SUPPLIES - FIRE 51,229,610.17

Page 2 of 2 ends

CITY OF AVALON

WARRANT DISBURSEMENTS
August 20, 2024

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
38466 8/6/2024 1,302.21 EDISON UTILITIES: ALL DEPARTMENTS 38467 8/7/2024 13,920.00 ICON WEST LLC VEHICLE: PUBLIC WORKS 38468 8/9/2024 500.00 PARTNER ASSESSMENT CORPORATION SERVICE: ADMIN

Page 1 of 1 ends

CITY OF AVALON CITY COUNCIL
MEETING DATE: August 20, 2024 AGENDA ITEM: 3
ORIGINATING DEP: Administration CITY MANAGER: DuM
PREPARED BY: Gabrielle Morones, City Clerk
SUBJECT: League of California Cities Annual Voting Delegate RECOMMENDED ACTION(S): Adopt a resolution appointing Mayor Marshall as the voting delegate and Mayor Pro Tem Lisa Lavelle as an alternate voting delegate for the Annual League of California Cities Conference in October 2024.

REPORT SUMMARY: The Annual League of California Cities Conference will be held in Long Beach, California from October 16 to 18, 2024. An important part of the conference is the Annual Business Meeting. At this business meeting, the League membership considers and takes action on resolutions that establish League Policy. In order to vote at the Business Meeting, City Council must designate a voting delegate and an alternate voting delegate.

Historically, the Mayor and Mayor Pro Tem has been appointed voting/alternate voting delegates if they attend the meeting. All five City Councilmembers will be attending the 2024 League of California Cities Conference.

GOAL ALIGNMENT: Professional development.

FISCAL IMPACTS: Cost of conference registration to be determined.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will not be able to vote on the Resolutions at the Annual League of California Cities Conference.

FOLLOW UP ACTION: Implement City Council Direction.

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

ATTACHMENTS:
• Resolution
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

APPOINTING A VOTING DELEGATE TO THE
2024 ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE
WHEREAS, the Annual League of California Cities Conference will be held in Long Beach, California from October 16 through 18, 2024; and WHEREAS, traditionally, the Mayor is appointed to be the City of Avalon's voting delegate and an alternate is selected; and
WHEREAS, the Mayor, and the Mayor ProTem will be attending the Annual League of California Cities Conference and available to vote at the Annual Business Meeting.

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

Mayor Ann H. Marshall shall be the City of Avalon's Voting Delegate, and

2. Mayor ProTem Lisa Lavelle shall be the Alternate Voting Delegate.

PASSED, APPROVED AND ADOPTED on the 20"' day of August, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: August 20, 2024 AGENDA ITEM:

ORIGINATING DEP: Planning and Building CITY MANAGER: DMA PREPARED BY: Kelly Ribuffo, Consultant Planner
Bennett Givens, Associate, Best Best & Krieger
SUBJECT: First Reading of an Ordinance Amending Chapter 9-7, Article 10 "Antennas" of the Avalon Municipal Code and Adoption of Exemption Findings Under the California Environmental Quality Act RECOMMENDED ACTION(S): Introduce and waive all readings of an ordinance of the City of Avalon amending Chapter 9-7, Article 10 "Antennas" of the Avalon Municipal Code regarding wireless facilities and adoption of exemption findings under the California Environmental Quality Act.

REPORT SUMMARY: The City's regulations for antennas and wireless facilities located outside the right-of-way on public and private property (AMC Chapter 9-7, Article 10) have not been updated since 1997. The proposed ordinance seeks to update and streamline the City wireless regulations for facilities outside the public right-of-way in light of numerous federal and state laws and regulations that have since taken effect, which (among other things) significantly restricted local control over the permitting and placement of wireless facilities. The proposed ordinance:

A. Clarifies and sets forth types of wireless facilities that are exempt from the provisions of Article 10 such as over-the-air-reception-devices, amateur radio antennas, governmental public safety facilities and certain temporary emergency facilities; B. Sets forth three permitting processes:
a. Administrative Wireless Permit: Creates a new Administrative Wireless Permit type that is reviewed by the Planner Director or designee. No public hearing is required, and an applicant may appeal a decision to the Planning Commission who will hear the appeal de novo. Administrative Wireless Permits are required for: a) an eligible facilities request, (b) a proposed "collocation facility" as defined in Government Code section 65850.6(d)(1); and (c) a new small wireless facility to be placed upon an existing structure.
b. Site Plan Review: Site Plan Review Approval by the Planning Commission is required for (a) a new small wireless facility that involves placement of a new or replacement structure and (b) a new personal wireless service facility that involves placement upon an existing structure which (1) does not meet the definition of a small wireless facility or which will not meet the definition of a small wireless facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure and (2) either (i) the structure is not an existing tower or base station (as defined for eligible facilities request purposes) or (ii) the structure is an existing tower or base station (as defined for eligible facilities request purposes) but the proposed facility does not qualify as an eligible facilities request;
c. Conditional Use Permit and Site Plan Review: Conditional Use Permit and Site Plan Review approval is required for any other type of wireless facility that does not qualify for either site plan review or an administrative wireless permit described above.

C. Updates application submittal requirements and findings of approval; D. Establishes location, design, and development standards for wireless facilities, such as aesthetics, landscaping, setbacks and lighting among other topics; a. Generally, all wireless facilities must be designed to incorporate concealment elements and screening to be a stealth facility, and must be designed in the least visible means possible and be aesthetically compatible with the surrounding area and structures (e.g., color, materials, size, and scale); b. Wireless facilities are preferred in the following zones/locations: Commercial (C); Special Commercial (SC); Resort Recreation (R-R); and Public (P), and prohibited in flood plains, sensitive species areas, and on any parcel within a residential zone.

The City's Zoning Map is attached hereto as part of Attachment 2. c. Wireless facilities are subject to the height restrictions of the underlying zone. If there are no applicable height restrictions in an underlying zone, the wireless facility shall not exceed fifty (50) feet. A wireless facility and any related ground- mounted equipment shall comply with all setback requirements of the underlying zone.

E. Sets forth standard conditions of approval that apply to all permits issued in accordance with Article 10, even in the event an application is deemed approved by operation of law; and
F. Creates a process for requesting and granting limited exceptions to the design, development and location standards for wireless facilities subject to Article 10.

On July 17, 2024, the Planning Commission held a duly noticed public hearing at which time written and oral evidence was considered regarding the proposed amendments. The Planning Commission adopted Planning Commission Resolution No. 24-07, which recommends adoption of the proposed ordinance by the City Council. The staff report including additional analysis of the proposed amendments and a description of the City's authority to regulate wireless facilities under state and federal law, are included as Attachment 2 of this report.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Avalon Municipal Code will not be amended, and wireless facilities regulations will be inconsistent with the numerous changes to applicable state and federal law since 1997.

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

ATTACHMENTS:

1. Ordinance

2. Planning Commission Staff Report (PC#2867)
ORDINANCE NO. _

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AVALON, CALIFORNIA AMENDING CHAPTER 9-7
GENERAL STANDARDS OF DEVELOPMENT, ARTICLE 10
"ANTENNAS" OF THE AVALON MUNICIPAL CODE AND

ADOPTION OF EXEMPTION FINDINGS UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, pursuant to the authority granted to the City of Avalon ('City") by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designated to promote public convenience and general prosperity, as well as public health, welfare, and safety; and WHEREAS, wireless communications services are essential to the public health and safety infrastructure within the City; and
WHEREAS, the City's regulations for antennas and wireless facilities located outside the right-of-way on public and private property (AMC Chapter 9-7, Article 10) have not been updated since 1997; and
WHEREAS, the proposed ordinance will update and streamline the City's wireless regulations for facilities outside the public right-of-way in light of numerous federal and state laws and regulations currently in effect; and
WHEREAS, establishing location, design, and development standards for wireless facilities within City will preserve, promote, and protect the welfare of its citizens by preserving the unique charm of Avalon, characterized by viewsheds, coastline access, open space and recreation opportunities, in compliance with the Avalon General Plan/Local Coastal Plan; and
WHEREAS, on July 17, 2024, the Planning Commission held a duly-noticed public hearing, at which time written and oral evidence was considered regarding the amendments to Chapter 9-7 General Standards of Development, Article 10 "Antennas and Wireless Facilities" (PC#2867); and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 24-07 with recommendations to the City Council regarding adoption of the aforementioned amendments; and
WHEREAS, on August 20, 2024, the City Council held a duly-noticed public meeting and considered the recommendations of the Planning Commission, staff report, other supporting documents, and any public testimony concerning this ordinance; and WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.

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

Section 1. Incorporation of Recitals. The recitals set forth above true, correct, incorporated herein, and are adopted as the findings of the City Council in connection with the adoption of this Ordinance.

Section 2. Code Amendment. Chapter 9-7, Article 10 of the Avalon Municipal Code shall be amended to read as proposed in Exhibit A, Title 9: Planning and Zoning, Chapter 9-7 General Standards of Development, Article 10 "Antennas and Wireless Facilities".

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 Resolution 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 this proposed Ordinance is not a "project" subject to the California Environmental Quality Act ("CEQA"), because it has no potential to result in a direct or indirect physical change in the environment. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City's boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a "project" within the meaning of State CEQA Guidelines Section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). This is because approval of the Ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Ordinance, the wireless provider would have to submit an application for installation of the wireless facility, and the City would conduct preliminary review under CEQA at that time. Moreover, in the event that the Ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA under State CEQA Guidelines sections 15302 (replacement or reconstruction), 15303 (new construction or conversion of small structures), and/or 15304 (minor alterations to land). For example, the Ordinance provides for an administrative wireless permit only for eligible facilities requests (which the City does not have discretion to deny under federal law, and which therefore are not subject to CEQA), collocation facilities, as defined in Government Code section 65850.6(d)(1) (which the City does not have discretion to deny under state law, and which therefore are not subject to CEQA), and new small wireless facilities to be placed upon an existing structure, which fall squarely within the exemption set forth in State CEQA Guidelines section 15302. For all of the foregoing reasons, the Ordinance is not subject to CEQA.

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

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

INTRODUCED at a regular meeting of the City Council of the City of Avalon on the 20th day of August, 2024, 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 20st day of August, 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk
APPROVED AS TO FORM:

Scott Campbell
Best Best & Krieger, LLP

EXHIBIT A
TITLE 9: PLANNING AND ZONING, CHAPTER 9-7 GENERAL STANDARDS OF DEVELOPMENT, ARTICLE 10 "ANTENNAS AND WIRELESS FACILITIES" § 9-7.1001 - Purpose.

The purpose of this article is to establish a comprehensive set of zoning requirements for antennas and wireless telecommunications facilities on public and private properties.

These regulations are intended to provide for the managed development of antennas and wireless telecommunications facilities in a manner that recognizes and enhances the community benefits of wireless telecommunications technology and reasonably accommodates the needs of citizens and wireless telecommunications service providers in accordance with federal and state rules and regulations. At the same time, these regulations are intended to protect neighbors from potential adverse impacts of such facilities, including but not limited to noise, traffic, aesthetic and other impacts over which the City has purview, and to preserve the visual character of the established community through appropriate design, siting, screening, maintenance, and location standards. § 9-7.1002 - Definitions.

The following words and phrases, as used in this article, are defined as follows:
(a) ADMINISTRATIVE WIRELESS PERMIT - Shall mean a permit issued and reviewed administratively by the Planning Director, or designee, pursuant to the process described in this article authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location; and the modification of any existing support structure to which the wireless facility is proposed to be attached. (b) ANTENNA — Shall mean any system of wires, poles, rods, reflecting discs, or similar devices used in wireless communications for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location. (c) APPLICANT - Shall mean a person filing an application for placement or modification of a wireless facility under this Article 10.
(d) BASE STATION — Shall have the same meaning as provided in 47 C.F.R. §

1.6100(b)(1), as may be amended, which defines that term as follows:
(1) A structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a Tower or any equipment associated with a tower.
(i) The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
(Il) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).
(ili) The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in subsections 1 and 2 of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. (iv) The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in subsections 1 and 2 of this definition. (e) COLLOCATION - Shall for eligible facilities requests only, have the same meaning as provided in 47 C.F.R. § 1.6100(b)(2), as may be amended, which defines that term as "It)he mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes."
(f) DISTRIBUTED ANTENNA SYSTEM or DAS — Shall mean a network of one or more antennas and related fiber optic nodes typically mounted to or located at streetlight poles, utility poles, sporting venues, arenas, multifamily housing or convention centers which provide access and signal transfer for personal wireless service providers. A distributed antenna system also includes the equipment location, sometimes called a "hub" or "hotel" where the DAS network is interconnected with one or more wireless service provider's facilities to provide the signal transfer services.
(g) ELIGIBLE FACILITIES REQUEST — Shall mean the same as provided in 47 C.F.R. § 1.6100(b)(3), as may be amended, which defines that term as "[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [collocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment."
(h) ELIGIBLE SUPPORT STRUCTURE — Shall mean the same as provided in 47 C.F.R. § 1.6100(b)(4), as may be amended, which defines that term as "[a]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the state or local government under this section." (i) EQUIPMENT CABINET — Shall mean a small enclosure used to house multiple items of equipment associated with a wireless facility.
(i) EXISTING — Shall mean, for purposes of an Eligible Facilities Request, the same as provided in 47 C.F.R. § 1.6100(b)(5), as may be amended, which provides that "[a] constructed tower or base station is existing for purposes of [the FCC's Eligible Facilities Request regulations] if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition." (k) FEDERAL COMMUNICATIONS COMMISSION ("FCC") - Shall mean the Federal Communications Commission or its lawful successor.
(I) MONOPOLE - Shall mean a single freestanding pole, post, or similar nonlattice structure used to support antennas and equipment associated with a wireless facility. (m) PERSONAL WIRELESS SERVICES - Shall mean the same as provided in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines that term as "commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services."
(n) PLANNING DIRECTOR - Shall mean the City of Avalon's Director of Planning and Building Department, or designee.
(o) RADIO FREQUENCY ("RF") — Shall mean a rate of oscillation, which corresponds to the frequency of radio waves, and the alternating currents which carry radio frequency, electromagnetic, or other wireless signals.
(p) ROOF-MOUNTED or BUILDING-MOUNTED ANTENNA - Shall mean an antenna directly attached or affixed to the roof of, on the wall, or elsewhere on a preexisting building, tank or similar structure other than a Tower. (q) SITE - Shall mean the same as provided in 47 C.F.R. § 1.6100(b)(6), as may be amended, which provides that "flor towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the [eligible facilities request] process." (r) SMALL WIRELESS FACILITY — Shall have the same meaning as "small wireless facilities" in 47 CFR 1.6002(I), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below):
(1) The facility:
(i) Is mounted on structures 50 feet or less in height including their antennas as defined in. § 1.1320(d); or
(ii) Is mounted on structures no more than 10 percent taller than other adjacent structures; or
(iii) Does not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; (2) Each antenna associated with the deployment, excluding associated antenna equipment [as defined in the definition of "antenna" in 47 CFR Section 1.1320(d)], is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume; (4) The facility does not require antenna structure registration under part 17 of Chapter 1 of Title 47 of the Code of Federal Regulations; (5) The facility is not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x); and
(6) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR § 1.1307(b). (s) STEALTH FACILITY — Shall mean any wireless facility which is designed to blend into the surrounding environment by means of screening, concealment, or camouflage intended to make the facility look like something other than a wireless tower or base station. The antenna and related equipment are either not readily visible beyond the property on which they are located, or, if visible, appear to be part of the existing natural or built environment rather than as a wireless facility. (t) SUBSTANTIAL CHANGE — Shall mean the same as provided in 47 C.F.R. §

1.46100(b)(7), as may be amended, which defines that term as a substantial modification changing the physical dimensions of an eligible support structure that meets any of the following criteria:
(1) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater; (i) Changes in height should be measured from the original support structure in dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act. (2) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
(3) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre- existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
(4) It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;
(5) It would defeat the concealment elements of the eligible support structure; or (6) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non- compliant only in a manner that would not exceed the thresholds identified in (1) through (4) [which correspond to 47 CFR § 1.6100(b)(7)(i) through (iv)]. (u) TOWER - Shall mean any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.
(v) TRANSMISSION EQUIPMENT — Shall mean the same as provided in 47 C.F.R. §

39.37 inches or less in diameter or diagonal measurement and (a) intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services. (2) Television broadcast system (TVBS) antennas, provided: (a) the antenna is located entirely on and/or above the subject property, and (b) no portion of any ground- mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street.
(3) Amateur radio antennas. Antennas and antenna structures constructed by or for amateur radio operators that met the following requirements:
(i) That are completely enclosed within a permitted building; or (ii) That consist of a single wire not exceeding one-fourth of an inch in diameter, and such wire antennas may be located in setback areas, provided the antenna does not extend above the maximum building height in the district; or (iii) That consist of a single ground-mounted vertical pole or whip antenna not exceeding fifty feet in height, measured from finish grade at the base of the antenna, and not located in any required setback area. Support structures or masts for pole or whip antennas shall conform to standards set out in the California Building Standards Code. A building permit may be required for the support structure or mast.
(4) Public safety facilities. Telecommunications facilities used only for public safety or other noncommercial governmental functions, including personal wireless services, used, operated, and maintained by the City, or any fire district, school district, hospital, ambulance service, governmental agency.
(5) Temporary mobile facilities. Mobile facilities placed on a site for less than seven consecutive days, provided any other necessary permits are obtained. (6) Temporary Emergency facilities. Wireless telecommunications facilities erected and operated for emergency situations, as designated by the Avalon Sheriff or City Manager, so long as the facility is removed at the conclusion of the emergency. (7) DAS. Distributed Antenna Systems or DAS installed and operated wholly within an existing structure or building.
(8) Antennas and wireless facilities within public rights-of-way. Antennas and wireless facilities placed wholly within public rights-of-way are governed by Avalon Municipal Code, Title 4, Chapter 4-9, Article 3 (Wireless Facilities in Public Rights-of- Way) and not this Article.
§ 9-7.1004. Permits Required; Application Requirements
(a) No wireless facility shall be constructed, erected, placed, or modified anywhere within the City without first obtaining a permit pursuant to the requirements of this article and without obtaining all permits required under any other applicable state, federal, or local laws or regulations.
(1) Administrative Wireless Permit Required. An administrative wireless permit is required for (a) an eligible facilities request, (b) a proposed "collocation facility" as defined in Government Code section 65850.6(d)(1); and (c) a new small wireless facility to be placed upon an existing structure.
(i) The Planning Director or designee shall review, process, approve, conditionally approve or deny an application for administrative wireless permit in accordance with the procedures of this section. No public hearing shall be required for an administrative wireless permit required by this article. An applicant may appeal the decision of the Planning Director to the Planning Commission provided such appeal is filed with the City Clerk within 15 days following the issuance of the Planning Director's decision notification. If timely appealed, the Planning Commission shall review the application de novo.. The decision of the Planning Director, upon the expiration of such 15 days if no appeal is filed, or of the Planning Commission on appeal shall be final.
(2) Site Plan Review Approval Required. Site plan review approval is required for (a) a new small wireless facility that involves placement of a new or replacement structure and (b) a new personal wireless service facility that involves placement upon an existing structure which (1) does not meet the definition of a small wireless facility or which will not meet the definition of a small wireless facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure and (2) either (i) the structure is not an existing tower or base station (as defined for eligible facilities request purposes) or (ii) the structure is an existing tower or base station (as defined for eligible facilities request purposes) but the proposed facility does not qualify as an eligible facilities request. The Planning Commission shall review, process, approve, conditionally approve or deny an application for site plan review approval in accordance with the procedure in Chapter 9-8, Article 2 except to the extent modified by this Article. (3) Site Plan Review and Conditional Use Permit Required. Both a Site Plan Review and a Conditional Use Permit shall be required where the applicant is seeking to construct, place or modify a wireless facility that does not qualify under subsections (1) and (2) above. The Planning Commission shall review, process, approve, conditionally approve or deny an application for site plan review approval and conditional use permit in accordance with the procedure in Chapter 9-8, Article 4 except to the extent modified by this Article.
(b) Application Requirements. An applicant seeking to install, construct, modify, replace, or place a wireless facility shall complete and submit an application to the Planning and Building Department for review and processing, upon the form published by the Planning and Building Department, which may be updated from time to time. In addition to any requirements specified by the application form, all applications shall, at minimum, require submission of the following:
(1) Name of applicant, contact information, location of proposed site, description of the application type sought, and the name and contact information of the user/ provider that will use the facility.
(2) A brief narrative accompanied by written documentation and a site plan or map together with photo simulations that explain the project. (3) A narrative and scaled map(s) that precisely disclose the geographic area(s) within the City proposed to be serviced by the proposed facility. (4) A radiofrequency (RF) environmental evaluation report certifying that the proposed wireless facility meets FCC regulations and standards for construction, maintenance and operations.
(5) Payment of application fees.
(c) Consultants. The Planning Director, Planning Commission, or City Council considering the relevant permit issued pursuant to this article may require the application materials, proposed findings, and conditions to be reviewed by an independent third-party peer review consultant. The cost of the third-party peer review shall be the responsibility of the applicant.
(d) Denials without prejudice. The denial of a permit application for an eligible facilities request shall be without prejudice. To promote efficient review and timely decisions, any application governed under this article regardless of type may be denied without prejudice by the Planning Director, Planning Commission, or City Council when the applicant fails to tender a substantive response to the City within 120 calendar days after the City has deemed the application incomplete in a written notice to the applicant. The Planning Director, or designee, in his or her discretion, may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the one hundred twentieth day that shows good cause to grant the extension. Good cause for an extension shall include, without limitation, delays due to circumstances outside the applicant's reasonable control.
§ 9-7.1005 Findings of Approval
(a) Administrative Wireless Permit:
(1) Findings for Approval for Small Wireless Facilities Subject to an Administrative Wireless Permit. No administrative wireless permit shall be approved for applications wherein an applicant seeks to place a new small wireless facility upon an existing structure unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:
(i) The facility shall conform with and carry out the General Plan and any certified Local Coastal Plan for the area; and
(il) The facility complies with all applicable requirements of this article, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and
(iii) The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public Utilities Commission; and
(iv) The facility is not detrimental to the public health, safety, and welfare. (2) Findings for Approval of Eligible Facilities Requests: No administrative wireless permit shall be approved for an eligible facilities request unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:
(i) The proposed collocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. sections

1.6100(b)(3)—(9), or any successor provisions, after application of the definitions in 47 C.F.R. section 1.6100(b). The reviewing City authority shall make an express finding for each criterion; and
(ii) The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. sections

1.6100(b)(7)(i)-(iv), or any successor provisions; and
(il) The proposed facility will comply with all generally applicable laws. (3) Findings for Approval of a proposed "collocation facility" as defined in Government Code section 65850.6(d)(1): No administrative wireless permit shall be approved for a "collocation facility" unless, on the basis of the application and other materials or evidence provided in review thereof the application complies with the requirements for the grant of a ministerial permit under Government Code section 65850.6.
(b) Site Plan Review Under This Article. No site plan review approval shall be approved or conditionally approved pursuant to this article unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:
(1) All findings for approval required for site plan as specified in Section 9-8.203; and
(2) The facility complies with all applicable requirements of article, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and (3) The proposed facility will comply with all generally applicable laws. (c) Conditional Use Permit Review Under This Article. No conditional use permit shall be approved or conditionally approved pursuant to this article unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:
(1) All findings for approval required for conditional use permit as specified in Section 9-8.404; and
(2) The facility complies with all applicable requirements of article, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and (3) The proposed facility will comply with all generally applicable laws. § 9-7.1006 Location, Design and Development Standards for Wireless Facilities.

Each wireless facility subject to this article shall be designed, installed and operated in compliance with these location, design and development standards, unless specifically stated otherwise in this section. A qualifying eligible facilities request and a proposed "collocation facility" as defined in Government Code section 65850.6(d)(1) shall only be required to comply with the location, design, and development standards in subsections j, l, m, o, r, s, u, and v of this section.
(a) Visual Criteria.
(1) Generally. Wireless facilities shall be designed in the least visible means possible and be aesthetically compatible with the surrounding area and structures (e.g., color, materials, size, and scale).
(2) Materials. The materials used shall be non-reflective and non-flammable. (3) Stealth Design. All wireless facilities shall be designed to incorporate concealment elements and screening to be a stealth facility. (4) Concealment. The wireless facility and transmission equipment should be camoutlaged or concealed to blend the facility with surrounding materials and colors of the support structure on which the facility is installed. Concealment elements include, but are not limited to, the following:
(i) Radio frequency (RF) transparent screening or shrouds; (ii) Matching the color of the existing support structure by painting, coating, or otherwise coloring the wireless facility, equipment, mounting brackets, and cabling;
(iii) Placing cables and wires inside the pole or beneath conduit of the smallest size possible;
(iv) Minimizing the size of the site;
(v) Installing new infrastructure that matches existing infrastructure in the area surrounding the proposed site; and
(vi) Using paint of durable quality.
(5) Collocation or placement on existing structures shall be utilized to the extent technically feasible.
(b) Specific plan areas. Within any specific plan area, all wireless facilities shall be completely screened from the view of surrounding properties. Appropriate locations may include inside of attic spaces, steeples, cupolas, towers, below parapets or concealed in architectural features.
(c) Location.
(1) Preferred Locations/Zones. The City prefers installations in the following zones/locations: Commercial (C); Special Commercial (SC); Resort Recreation (R-R); and Public (P).
(2) Existing Infrastructure Preference. The City has a preference for the use of existing infrastructure.
(3) Prohibited Zones. Installations are prohibited in flood plains, sensitive species areas, and on any parcel within a residential zone.
(d) Visibility from public places. A wireless facility installed in a location readily visible from a public trail, public park, or other publicly owned outdoor recreation area shall be sited and designed to blend in with the existing natural and/or manmade environment in such a manner as to be effectively unnoticeable. The smallest and least visible antennas as possible should be installed which will reasonably accommodate the operator's communication needs.
(e) Height and Setbacks. All wireless facilities (including any ground mounted communication equipment, antennas, poles, or towers) shall comply with all height restrictions of the underlying zone. If there are no applicable height restrictions in an underlying zone, the wireless facility shall not exceed fifty (50) feet. A wireless facility and any related ground-mounted equipment shall comply with all setback requirements of the underlying zone.
(f) Accessory Equipment. Undergrounding equipment, including remote radio units that cannot be placed with the antenna in the shroud, is preferred. Vaults and pull boxes shall be installed flush to grade. Ground-mounted equipment shall incorporate camouflaging and shrouding to match the colors, appearance, and materials of existing facilities and screen facilities from public view as much as is technically feasible. (g) Cables and Wiring. All cables and wiring must be within the structure, or if not feasible, within conduit on the exterior of the structure. The conduit must be a color that matches facility and of the smallest size technically feasible. (h) Antennas. Antennas, antenna structures and related equipment shall incorporate architectural, landscape, color and/or other treatments to minimize potential visual impacts.
(i) Natural appearance. Ground-mounted facilities shall be enclosed in cabinets, sized only for the needed equipment and screened with natural vegetation or designed as a stealth facility. Examples include a water tank, artificial tree, and rocks. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site views.
(i) Lighting. No facility shall be illuminated unless specially required by the Federal Aviation Administration (FAA) or other government agency. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding area property.
(k) Standards for wall- and building-mounted facilities. (1) Roof-mounted antennas. Roof-mounted antennas shall be set back from the edge of the roof a distance at least as great as the height of the antenna or shall be completely screened so as not to be visible to the general public from ground level. (2) Wall-mounted antennas. Wall-mounted antennas shall be architecturally integrated into the building design. Wall-mounted antennas shall not exceed a total of 50 square feet per building face.
(I) Unauthorized access. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances.
(m) Noise standards. Wireless facilities and all accessory equipment and transmission equipment must comply with all noise regulations and shall not exceed, either individually or cumulatively, the applicable noise level standards in Avalon Municipal Code Chapter 5-13.
(n) Undergrounding. Extensions of electrical and telecommunications land lines to serve wireless telecommunications facilities shall be undergrounded. (0) Signs. No logos, decals, or advertising of any type may be affixed to any element of the wireless facility, equipment, or pole, except as required by federal or state law.

Further, the City requires that a placard or decal listing the facility owner's name and emergency contact phone number be places in an inconspicuous area on an element of the equipment or on the pole directly below the antenna. (p) Service roads. Existing roads and easements shall be used to the extent feasible.

New service roads shall be limited to a width of 10 feet, unless a wider road is deemed necessary by the City.
(9) Landscaping. In addition to any landscaping used for concealment or screening purposes, the applicant shall propose and install additional landscaping to replace any existing landscaping displaced during construction or installation of the applicant's facility.

Applicant must use native landscaping unless otherwise specified by the City. The applicant's landscaping plan shall be subject to the City's review and approval but shall, at a minimum, match the existing landscaping and foliage surrounding the installation site. (r) Compliance with laws. All wireless telecommunications facilities shall comply with the applicable provisions of this section and this article as well as the Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code and rules and regulations imposed by state and federal agencies. All wireless telecommunications facilities shall meet current standards and regulations of the Federal Communications Commission, California Public Utilities Commission, and any other agencies with authority to regulate wireless telecommunications service providers. If existing standards or regulations are changed, the applicant shall bring its facility into compliance with the new standards within 90 days of the effective date of such standards, unless the federal or state agency mandates a different compliance schedule. Changes to approved projects are subject to review and approval by the Planning Director or other applicable City decision-making body. Failure to comply with adopted new state or federal requirements shall be grounds for permit revocation.
(s) Public health. No wireless facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to the public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC's maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the City, county, state or federal government. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this section shall be grounds for the City to immediately terminate any permit granted hereunder, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the City.
(t) Modifications. Any modifications to existing facilities or equipment or collocations shall not defeat the concealment elements of the existing structure/facility. (u) Electric Service. The City strongly encourages site operators to use flat-rate electric service when it would eliminate the need for a meter. Where meters are required, use the narrowest electric meter and disconnect available.
(v) Security. All equipment and facilities shall be installed in a manner to avoid being an attractive nuisance and to prevent unauthorized access, climbing, and graffiti. § 9-7.1007. Standard Conditions of Approval.

All such contact information for responsible parties shall be provided to the Planning Director upon permittee's receipt of the Planning Director written request, except in an emergency determined by the City when all such contact information for responsible parties shall be immediately provided to the Planning Director upon that person's verbal request.
(e) Indemnities. The permittee and, if applicable, the owner of the private property upon which the tower and/or base station is installed shall defend, indemnify and hold harmless the City of Avalon, its agents, officers, officials and employees (1) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs of mandamus and other actions or proceedings brought against the City or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the City's approval of the permit, and (2) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one's agents, employees, licensees, contractors, subcontractors or independent contractors. Further, permittees shall be strictly liable for interference caused by their facilities with the City's communications systems. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the City attributable to the interference. In the event the City becomes aware of any such actions or claims the City shall promptly notify the permittee and the private property owner, if applicable, and shall reasonably cooperate in the defense. It is expressly agreed that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the property owner and/or permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. (f) Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility.

Any natural screening afforded by site conditions, including, but not limited to, the presence of trees, landscaping, topographical features, or structures on the site that shield the facility from view, shall be considered stealthing elements. (g) General maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval. (h) Graffiti removal. All graffiti on facilities must be removed at the sole expense of the permittee within 48 hours after notification from the City. (i) RF exposure compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the wireless facility, permittee or its representative must provide the City documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer. (i) Build-out period. This permit shall lapse one year after its date of approval unless one of the following has occurred:
(1) A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
(2) A certificate of occupancy has been issued; or
(3) The facility is constructed or modified as approved and in operation; or (4) The build-out period is extended by the City authority which originally approved the permit.
(k) Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. (l) Testing. Testing of back-up generators and other noise producing equipment shall take lace on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.
(m) Other approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with federal, state, and local laws, rules, and regulations.
(n) Modifications. No changes shall be made to the approved plans without review and approval in accordance with this article.
(o) Performance and maintenance. All wireless telecommunications facilities and related equipment, including but not limited to fences, cabinets, poles and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the City or after discovery by the permittee. (p) Performance bond. Prior to issuance of a building or electrical permit, the permittee shall file with the City, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100% of the cost of physically removing the wireless facility and all related facilities and equipment on the site, based on the higher of two contractors' quotes for removal that are provided by the permittee. The permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City council.

Reimbursement shall be paid when the security is posted and during each administrative review.
(9) City access. The City reserves the right of its employee, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the City reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The City shall make an effort to contact the permittee, prior to disabling or removing wireless facility elements. (r) Encourage consolidation. Where the wireless facility site is capable of accommodating another facility upon the same site, the owner and operator of the facility shall allow another carrier to place its facilities and equipment thereon, provided the parties can mutually agree upon reasonable terms and conditions.
(s) Interference. To the extent allowed under applicable federal rules and regulations, the operator of a wireless facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a federal agency with jurisdiction over such matters finds that a facility is operating in violation of federal standards, the permittee shall promptly provide the Planning Director with a copy of any notice of such violation issued by any federal agency and shall notify the Planning Director once the facility comes back into compliance with applicable standards. (t) Discontinuance of use. Antennas, support structures and related equipment shall be removed within 90 calendar days of the discontinuation of the use of a wireless facility operating under a use permit that has expired and the site shall be restored to its previous condition. The service provider shall provide the public works and planning development department with a notice of intent to vacate the site a minimum of 30 calendar days before vacation. For facilities located on City property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of all antennas, structures and related equipment within 90 calendar days of the discontinuation of the use.
(u) Compliance verification. No later than one year after commencing operation of the facility or issuance of a certificate of occupancy, whichever occurs first, and annually thereafter, the applicant, wireless carrier, or property owner, shall have an appropriately licensed professional conduct a noise study of facility operations to verify compliance with all applicable local, state and federal regulations. In addition, a report shall also be submitted by an appropriately licensed professional to verify completion of any required site landscaping, equipment enclosures, and confirm that the facility appearance is in compliance with approved plans. These reports shall be submitted and reviewed by the Planning Director within five days of completion of the reports. Failure to submit such compliance verification, or the submission of materials verifying a lack of compliance, will constitute grounds for the City to initiate a public hearing to consider whether permittee is fully complying with all conditions related to any permit or approval granted under this article.
(V) Conditions of Approval for Eligible Facilities Requests. In addition to the foregoing Standard Conditions of Approval, any eligible facilities request approved pursuant to this article shall be subject to the following standards of conditions unless modified by the Planning Director or City Manager.
(1) No permit term extension. The City's grant or grant by operation of law of a zoning permit for an Eligible Facilities Request constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station.

The City's grant or grant by operation of law of a zoning permit for an Eligible Facilities Request will not extend the permit term for any permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.
(2) No waiver of standing. The City's grant or grant by operation of law of an Eligible Facilities Request does not waive, and shall not be construed to waive, any standing by the City to challenge any federal statute or regulation concerning Eligible Facilities Requests or any Eligible Facilities Request.
(3) Permit subject to conditions of underlying permit. Zoning permits for Eligible Facilities Requests shall be subject to the terms and conditions of the underlying permit for the existing tower or base station.
§ 9-7.1008. Nonconforming Facilities.

Nothing in this article shall validate any illegal or unpermitted wireless facilities installed prior to the effective date of this Article. All previously installed wireless facilities shall comply with this Article and are required to obtain a permit issued pursuant to this Article, when applicable in accordance with Chapter 9-8, Article 7, to be considered legal and conforming.
§ 9-7.1009. Revocation.
(a) Permittees shall fully comply with all conditions related to any permit or approval granted under this article or any predecessors to this article. Failure to comply with any condition of approval or maintenance of the facility in a matter that creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safety shall constitute grounds for revocation. If such a violation is not remedied within a reasonable period, following written notice and an opportunity to cure, the City may schedule a public hearing before the Planning Commission to consider revocation of the permit. The Planning Commission revocation action may be appealed to the City Council pursuant Section 9-8.206.
(1) If the permit is revoked pursuant to this section, the permittee shall remove its facility at its own expense and shall repair and restore the site to the condition that existed prior to the facility's installation or as required by the City within 90 days of revocation in accordance with applicable health and safety requirements. The permittee shall be responsible for obtaining all necessary permits for the facility's removal and site restoration.
(2) At any time after 90 days following permit revocation, the City may require the facility to be removed and restoration of the premises as the City deems appropriate. The City may, but shall not be required to, store the removed facility (or any part thereof). The facility permittee shall be liable for the entire cost of such removal, repair, restoration, and storage. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. § 9-7.1010. Limited Exceptions to Development, Design, and Location Standards. (a) The Planning Director, or designee, Planning Commission and/or City Council considering an application submitted for approval pursuant to this article may grant limited exceptions to the design, development and location standards for wireless facilities subject to this article, if it is determined that the applicant has established that denial of an application or strict adherence to the design, development and location standards would:
(1) Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of federal law; or
(2) Otherwise violate applicable laws or regulations; or (3) Require a technically infeasible location, design or installation of a wireless facility;
(4) Involve only minor noncompliance with a requirement, provided such noncompliance either results in no increase in visual harms to the community or provides other benefits.
(b) If the applicant requests a limited exception and the Planning Director or designee, Planning Commission, and/or City Council considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design or installation or minor noncompliance.

AVALON PLANNING COMMISSION
STAFF REPORT - PC#2867
Wednesday, July 17, 2024
Application File: N/A
Item No. - Public Hearing Submitted by: Bennett Givens, BBK; Kelly Ribuffo, Contract Planner A Public Hearing and consideration of a resolution recommending approval of an ordinance amending Chapter 9-7, Article 10 of the Avalon Municipal Code regarding installation and operation of antennas and wireless facilities on public and private property outside of the public right-of-way. The proposed ordinance is exempt from environmental review per State CEQA Guidelines Sections 15378 and 15061(b)(3).

BACKGROUND
Brief Overview of State and Federal Limits on City Authority to Site Wireless Facilities:

State and federal law generally recognize and preserve local zoning authority over the placement, construction and modification of wireless communications facilities. However, various state laws, federal laws, and Federal Communications Commission (FCC) regulations impose significant constraints on the exercise of local authority. Principal among them is the federal Telecommunications Act of 1996 (47 U.S.C. 332(c)(7)) which provides that:
• Local action on applications must to be within a reasonable period of time; • Local regulations and placement decisions may not prohibit or effectively prohibit the provision of personal wireless services;
• Denials must be in writing and supported by substantial evidence; • Any consideration of RF emissions in siting decisions is prohibited if applicant meets FCC standards;
• Local agencies may not unreasonably discriminate among providers of functionally equivalent services; and
• Wireless applicants are entitled to expedited appeals to court.

Recent Updates to State and Federal Law Since 1997 Adoption of City's Wireless Regulations for Facilities Outside the Public Right-of-Way:

The City's regulations for antennas and wireless facilities located outside the right-of-way on public and private property (AMC Chapter 9-7, Article 10) have not been updated since 1997.

However, in 2019, the City adopted Ordinance No. 1176-19, which provided a process for approval of wireless facilities in the public rights-of-way (AMC Chapter 4-9, Article 3) following the FCC's adoption of the Small Cell Order discussed more fully below. The proposed ordinance seeks to update and streamline the City wireless regulations for facilities outside the public right- of-way in light of numerous federal and state laws and regulations that have since taken effect, which (among other things) significantly restricted local control over the permitting and placement of wireless facilities. Noteworthy features of these recent regulations include the following:

Ban on Moratoria: On August 2, 2018, the Federal Communications Commission ("FCC"') adopted a Third Report & Order and Declaratory Ruling, 33 FCC Rod. 7705 (rel. Aug. 3, 2018) ("Moratoria Order"), that, among other things, contained a declaratory ruling prohibiting express and de facto moratoria for all personal wireless services, telecommunications services and their related facilities under 47 U.S.C. § 253(a) and directed the Wireless Telecommunications Bureau and Wireline Competition Bureau to hear and resolve all complaints on an expedited basis.

The declaratory ruling in the Moratoria Order was made effective upon release. This means that there can be no pause in accepting or processing applications to allow a city to study and address potential issues.

Shot Clocks and Deemed Granted Remedies: The FCC has adopted shot clocks (l.e., timelines) within which a local government must act on wireless facility applications. The most recent shot clocks have focused on applications for small wireless facilities and modifications to existing wireless facilities.
2009 Shot Clocks: In 2009, the FCC adopted a Declaratory Ruling, 24 FCC Rod. 18994 (rel. Nov. 18, 2009), to clarify existing federal law requiring local governments to act on wireless facility applications within a reasonable period of time. In that Declaratory Ruling, the FCC established two shot clocks for local action on wireless facilities applications:(1) a 60-day shot clock for collocations onto existing structures; and (2) a 150-day shot clock for all other types of wireless facility applications.

The State of California later adopted AB 57 (Gov. Code 65964.1), which that took effect on January 1, 2016, and created a "deemed granted" remedy (effective January 1, 2016 for collocations onto existing structures and "other" applications; effective January 1, 2022 for small cells) if the local government failed to act on an application during the time period allowed under the applicable FCC shot-clocks. This "deemed granted" remedy under state law is available for any application under these shot clocks other than those proposed for placement on fire department Eligible Facilities Requests: In 2012, Congress adopted a law (codified as 47 CFR Sec. 1455) requiring that certain applications to modify or add to existing wireless facilities must be approved at the local level. If the federal criteria are met, the City has no discretion and must approve a qualifying eligible facilities request. In 2014, the FCC adopted an implementing Order, including height and size criteria and a 60-day shot clock to process these Section 6409(a) requests or "eligible facilities requests" (29 FCC Rcd. 12865). More recently in 2020, the FCC adopted two separate orders to further clarify and change its rules to further facilitate these types of deployments. A failure to act within this FCC shot clock period can result in the application being deemed approved under federal law.

Small Wireless Facilities Shot Clocks: On September 26, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order, 33 FCC Rcd. 9088 (rel. Sep. 27, 2018) ("Small Cell Order"), which, among other things:

Created new shorter (60-day and 90-day) shot clocks for small wireless facilities (as defined in the Small Cell Order);
Interpreted existing shot clock regulations to require local public agencies to issue all relevant permits and authorizations within this period; Established a national standard for an effective prohibition related to small wireless facilities that replaced the existing "significant gap" test adopted by the United States Court of Appeals for the Ninth Circuit; and
• Provided that a failure to act within the applicable timeframe presumptively constitutes an effective prohibition.

The Small Cell Order went into effect in part on January 14, 2019, and in part on April 15, 2019. On August 12, 2020, a three-judge panel of the Ninth Circuit Court of Appeals upheld the Moratoria Order and significant portions of the Small Cell Order, including the shorter shot clocks and remedies for failing to meet a shot clock. (City of Portland v. United States, 969 F.3d 1020 (9th Cir. 2020) ("City of Portland"')). On October 22, 2020, the Ninth Circuit Court of Appeals denied a petition for further Ninth Circuit review of the above-referenced panel's decision by the entire Ninth Circuit judiciary known as "en banc" review. The Supreme Court of the United States also denied a petition to hear an appeal.

In 2021, the California legislature enacted AB 537 amending Gov. Code 65964.1, which further expanded the reach of AB 57's deemed granted remedy to apply to small wireless facility applications. Following AB 537, a deemed approved remedy is available either under state law or under federal law (for eligible facilities request applications) for each and every wireless facility application type which is triggered when the local government fails to render a final decision on a wireless facility application and issue all necessary approvals by the applicable FCC shot clock deadline.
3 Limits on Design Standards: In addition to the foregoing, the Small Cell Order placed limits on aesthetic regulations for small wireless facilities, including undergrounding.

Under the Small Cell Order, local aesthetic regulation of small wireless facilities are permissible so long as they are reasonable, no more burdensome than those applied to other types of infrastructure deployments, objective, and published in advance (so that applicants know the applicable small wireless facility aesthetic requirements).

In City of Portland discussed above, the Ninth Circuit invalidated certain portions of the FCC's Small Cell Order that imposed new rules for aesthetic standards for small wireless facilities.

Now, a city's aesthetic regulations for small wireless facilities will not be preempted if they are (1) reasonable (technically feasible); and (2) published in advance.

Limits. on Fees: State law requires wireless facility-related permit and/or application fees to be cost-based. The Small Cell Order declared that all small wireless facility- related fees (including permit fees and rental fees for use of government-owned infrastructure, such as streetlights) must be based on a reasonable approximation of the local government's costs, such that only objectively reasonable costs are factored into those fees, and fees are no higher than 3 the fees charged to similarly situated competitors in similar situations. The FCC established presumptively reasonable fee levels for small wireless facilities (called "safe harbors") that include: non-recurring fees equal to $500 for a single application for up to five collocations, plus $100 for each additional collocation, and $1,000 for each new pole. Recurring fees for small wireless facilities for attachment to a local government's poles are presumed reasonable if equal to $270 per facility/per year, including the fee for attachment to the infrastructure and use of the public right-of-way.

PROJECT DESCRIPTION AND RECOMMENDATIONS
Staff and the City Attorney's Office reviewed the City's existing processes and regulations governing wireless facilities outside of the public right-of-way and determined that various updates and amendments to the Title 9; Chapter 9-7; Article 10 "Antennas and Wireless Facilities" are warranted in order to comply with the changes in federal and state law outlined above. The proposed ordinance:

A. Clarifies and sets forth types of wireless facilities that are exempt from the provisions of Article 10 such as over-the-air-reception-devices, amateur radio antennas, governmental public safety facilities and certain temporary emergency facilities; B. Sets forth three permitting processes:
a. Administrative Wireless Permit: Creates a new Administrative Wireless Permit type that is reviewed by the Planning Director or designee. No public hearing is required, and an applicant may appeal a decision to the Planning Commission who will hear the appeal de novo. Administrative Wireless Permits are required for: a) an eligible facilities request, (b) a proposed "collocation facility" as defined in Government Code section 65850.6(d)(1); and (c) a new small wireless facility to be placed upon an existing structure. b. Site Plan Review: Site Plan Review Approval by the Planning Commission is required for (a) a new small wireless facility that involves placement of a new or replacement structure and (b) a new personal wireless service facility that involves placement upon an existing structure which (1) does not meet the definition of a small wireless facility or which will not meet the definition of a small wireless facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure and (2) either (i) the structure is not an existing tower or base station (as defined for eligible facilities request purposes) or (ii) the structure is an existing tower or base station (as defined for eligible facilities request purposes) but the proposed facility does not qualify as an eligible facilities request;
c. Conditional Use Permit and Site Plan Review: Conditional Use Permit and Site Plan Review approval is required for any other type of wireless facility that does not qualify for either site plan review or an administrative wireless permit described above.
4 C. Updates application submittal requirements and findings of approval; D. Establishes location, design, and development standards for wireless facilities, such as aesthetics, landscaping, setbacks and lighting among other topics; a. Generally, all wireless facilities must be designed to incorporate concealment elements and screening to be a stealth facility, and must be designed in the least visible means possible and be aesthetically compatible with the surrounding area and structures (e.g., color, materials, size, and scale); b. Wireless facilities are preferred in the following zones/locations: Commercial (C); Special Commercial (SC); Resort Recreation (R-R); and Public (P), and prohibited in flood plains, sensitive species areas, and on any parcel within a residential zone.

The City's Zoning Map is attached hereto as Attachment 2. c. Wireless facilities are subject to the height restrictions of the underlying zone. If there are no applicable height restrictions in an underlying zone, the wireless facility shall not exceed fifty (50) feet. A wireless facility and any related ground- mounted equipment shall comply with all setback requirements of the underlying zone.

GENERAL PLAN/LOCAL COASTAL PROGRAM COMPLIANCE
The Avalon General Plan recognizes that Avalon is a unique island community with limited resources, including land area. The Land Use Element set forth goals and policies which balance community growth and protection of natural resources through organized development practices.

The Land Use Element is also incorporated as an integral part of the City's certified Local Coastal Program (LCP) Lane Use Plan. In particular, the Land Use Plan emphasizes Avalon's unique charm, characterized by viewsheds, coastline access, open space and recreational opportunities.

The proposed ordinance implements the following General Plan Goals and Policies:

Policy II-1 of the Land Use Element:
"Use the City's Zoning Ordinance and any applicable residential, commercial, resort, and open space design standards to guide the character of development and ensure compatibility with existing residential, commercial, resort, and open space uses. " 5 Regular review and update of the Avalon Municipal Code allows the City to adapt to changing State and federal regulations while providing the community, and potential developers, with clear direction to plan for future development projects. The proposed ordinance sets forth specific permitting processes and design standards for new wireless facilities and antennas on private property. Where the City has discretion, design and development standards have been proposed to provide visual compatibility with surrounding commercial and residential development, and to limit height of building-mounted and freestanding facilities so as to preserve the low-rise character of downtown and significant vistas of the harbor and surrounding hillsides.

Therefore, the proposed ordinance is in compliance with both the Avalon General Plan and the LCP.

ENVIRONMENTAL DETERMINATION
California Environmental Quality Act:

The proposed policy is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15378 and 15601(b)(3) because it has no potential to have a significant effect on the environment and is not subject to CEQA.

The proposed ordinance is not a "project" subject to the California Environmental Quality Act ("'CEQA"), because it has no potential to result in a direct or indirect physical change in the environment. The proposed ordinance does not authorize any specific development or installation on any specific piece of property within the City's boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA.

Alternatively, even if the proposed ordinance is a "project" within the meaning of State CEQA judelines Section 15378, the ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt from CEOA because it can be seen with certainty that there is no possibilit that the ordinance may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). This is because approval of the ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this ordinance, the wireless provider would have to submit an application for installation of the wireless facility, and the City would conduct preliminary review under CEQA at that time.

Moreover, in the event that the proposed ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA under State CEQA Guidelines sections 15302 (replacement or reconstruction), 15303 (new construction or conversion of small structures), and/or 15304 (minor alterations to land). For example, the ordinance provides for an administrative wireless permit only for eligible facilities requests (which the City does not have discretion to deny under federal law, and which therefore are not subject to CEQA), collocation facilities, as defined in Government Code section 65850.6(d)(1) (which the City does not have discretion to deny under state law, and which therefore are not subject to CEQA), and new small wireless facilities to be placed upon an existing structure, which fall squarely within the exemption set forth in State CEQA Guidelines section 15302. For all of the foregoing reasons, the ordinance is not subject to CEQA.

AUTHORIZING GUIDELINES
AMC Section 9-1.106 authorizes the Planning Commission to review and take action on recommendations to the City Council on amends to the Avalon Municipal Code.

PUBLIC NOTICE
The Hearing Notice was published in Catalina Islander on July 5, 2024. 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. Recommend to City Council adoption of an Ordinance amending Title 9: Planning and Zoning/Chapter 9-7 General Standards of Development/ Article 10 "Antennas and Wireless Facilities".

2. Find the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15378 and 15061(b)(3) and direct staff to prepare and file with the Office of Planning and Research and the Clerk of the County of Los Angeles a Notice of Exemption (NOE) as provided under Public Resources Code Section 21152(b) and CEQA Guidelines Section 15062.

ATTACHMENTS

1. Planning Commission Resolution No. PC 24-07

2. Zoning Map
7 RESOLUTION NO. 24-07

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF AVALON RECOMMENDING APPROVAL
OF AMENDMENTS TO CHAPTER 9-7 GENERAL
STANDARDS OF DEVELOPMENT/ARTICLE 10
"ANTENNAS AND WIRELESS FACILITIES" AND

FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, pursuant to the authority granted to the City of Avalon ("City") by Article WHEREAS, the Planning Commission has authority per Avalon Municipal Code (AMC) Section 9-1.106 to review and take action on recommendations to amend municipal code regulations; and
WHEREAS, the Planning Commission reviewed the proposed Ordinance, attached as Exhibit A, and the effects and demands of such regulations and other development on the City's resources; and
WHEREAS, on July 17, 2024, the Planning Commission held a duly-noticed public hearing, at which time written and oral evidence was considered regarding the proposed regulations for antennas and wireless facilities on public and private property outside of the public right-of-way within the jurisdiction of the City; and
WHEREAS, the Planning Commission has considered the staff report, supporting documents, public testimony, and all pertinent information submitted; and WHEREAS, all other legal pre-requisites for the consideration of the proposed municipal code regulations by the Planning Commission have occurred.

NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
AVALON DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Incorporation of Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings.

Section 2. Code Amendment. Chapter 9-7, Article 10 of the Avalon Municipal Code shall be amended to read as proposed in Exhibit A, Title 9: Planning and Zoning/Chapter 9-7 General Standards of Development/Article 10 "Antennas and Wireless Facilities".

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 Resolution or any part thereof. The Planning Commission 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 Planning Commission finds that this proposed Ordinance is not a "project" subject to the California Environmental Quality Act ("CEQA"), because it has no potential to result in a direct or indirect physical change in the environment. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City's boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a "project" within the meaning of State CEQA Guidelines Section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). This is because approval of the Ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Ordinance, the wireless provider would have to submit an application for installation of the wireless facility, and the City would conduct preliminary review under CEQA at that time. Moreover, in the event that the Ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA under State CEQA Guidelines sections 15302 (replacement or reconstruction), 15303 (new construction or conversion of small structures), and/or 15304 (minor alterations to land). For example, the Ordinance provides for an administrative wireless permit only for eligible facilities requests (which the City does not have discretion to deny under federal law, and which therefore are not subject to CEQA), collocation facilities, as defined in Government Code section 65850.6(d)(1) (which the City does not have discretion to deny under state law, and which therefore are not subject to CEQA), and new small wireless facilities to be placed upon an existing structure, which fall squarely within the exemption set forth in State CEQA Guidelines section 15302. For all of the foregoing reasons, the Ordinance is not subject to CEQA.

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

PASSED, APPROVED AND ADOPTED this 17h day of July, 2024.

Chairman
ATTEST:

Dave M. Maistros, City Manager
CERTIFICATE:

I, Donna Terpinitz-Romo, hereby certify that the foregoing Resolution 24-07 was adopted by the Planning Commission of the City of Avalon at a regular meeting held on the 17th day of July, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Donna Terpinitz-Romo, Senior Administrative
Assistant

EXHIBIT A
TITLE 9: PLANNING AND ZONING/CHAPTER 9-7 GENERAL STANDARDS OF DEVELOPMENT/ARTICLE 10 "ANTENNAS AND WIRELESS FACILITIES" § 9-7.1001 - Purpose.

The purpose of this article is to establish a comprehensive set of zoning requirements for antennas and wireless telecommunications facilities on public and private properties. These regulations are intended to provide for the managed development of antennas and wireless telecommunications facilities in a manner that recognizes and enhances the community benefits of wireless telecommunications technology and reasonably accommodates the needs of citizens and wireless telecommunications service providers in accordance with federal and state rules and regulations. At the same time, these regulations are intended to protect neighbors from potential adverse impacts of such facilities, including but not limited to noise, traffic, aesthetic and other impacts over which the City has purview, and to preserve the visual character of the established community through appropriate design, siting, screening, maintenance, and location standards. § 9-7.1002 - Definitions.

The following words and phrases, as used in this article, are defined as follows:
(a) ADMINISTRATIVE WIRELESS PERMIT - Shall mean a permit issued and reviewed administratively by the Planning Director, or designee, pursuant to the process described in this article authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location; and the modification of any existing support structure to which the wireless facility is proposed to be attached.
(b) ANTENNA — Shall mean any system of wires, poles, rods, reflecting discs, or similar devices used in wireless communications for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location. (c) APPLICANT — Shall mean a person filing an application for placement or modification of a wireless facility under this Article 10.
(d) BASE STATION - Shall have the same meaning as provided in 47 C.F.R. § 1.6100(b)(1), as may be amended, which defines that term as follows:
(1) A structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network.

The term does not encompass a Tower or any equipment associated with a tower. (i) The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (ii) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).
(iii) The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in subsections 1 and 2 of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
(iv) The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in subsections 1 and 2 of this definition. (e) COLLOCATION — Shall for eligible facilities requests only, have the same meaning as provided in 47 C.F.R. § 1.6100(b)(2), as may be amended, which defines that term as "[t]he mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes." (f) DISTRIBUTED ANTENNA SYSTEM or DAS — Shall mean a network of one or more antennas and related fiber optic nodes typically mounted to or located at streetlight poles, utility poles, sporting venues, arenas, multifamily housing or convention centers which provide access and signal transfer for personal wireless service providers. A distributed antenna system also includes the equipment location, sometimes called a "hub" or "hotel" where the DAS network is interconnected with one or more wireless service provider's facilities to provide the signal transfer services.
(g) ELIGIBLE FACILITIES REQUEST — Shall mean the same as provided in 47 C.F.R. §

1.6100(b)(3), as may be amended, which defines that term as "[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment." (h) ELIGIBLE SUPPORT STRUCTURE — Shall mean the same as provided in 47 C.F.R. §

1.6100(b)(4), as may be amended, which defines that term as "[a]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the state or local government under this section."
(i) EQUIPMENT CABINET — Shall mean a small enclosure used to house multiple items of equipment associated with a wireless facility.
(i) EXISTING — Shall mean, for purposes of an Eligible Facilities Request, the same as provided in 47 C.F.R. § 1.6100(b)(5), as may be amended, which provides that "[a] constructed tower or base station is existing for purposes of [the FCC's Eligible Facilities Request egulations] if it has been reviewed and approved under the applicable zoning or siting process or under another state or local regulatory review process, provided that a tower that has not beer reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition." (k) FEDERAL COMMUNICATIONS COMMISSION ("FCC*") - Shall mean the Federal Communications Commission or its lawful successor.
(l) MONOPOLE — Shall mean a single freestanding pole, post, or similar nonlattice structure used to support antennas and equipment associated with a wireless facility. (m) PERSONAL WIRELESS SERVICES - Shall mean the same as provided in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines that term as "commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services." (n) PLANNING DIRECTOR - Shall mean the City of Avalon's Director of Planning and Building Department, or designee.
(o) RADIO FREQUENCY ("RF") — Shall mean a rate of oscillation, which corresponds to the frequency of radio waves, and the alternating currents which carry radio frequency, electromagnetic, or other wireless signals.
(p) ROOF-MOUNTED or BUILDING-MOUNTED ANTENNA — Shall mean an antenna directly attached or affixed to the roof of, on the wall, or elsewhere on a preexisting building, tank or similar structure other than a Tower.
(q) SITE — Shall mean the same as provided in 47 C.F.R. § 1.6100(b)(6), as may be amended, which provides that "[flor towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the [eligible facilities request] process." (r) SMALL WIRELESS FACILITY - Shall have the same meaning as "small wireless facilities" in 47 CFR 1.6002(I), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below):
(1) The facility:
(i) Is mounted on structures 50 feet or less in height including their antennas as defined in. § 1.1320(d); or
(ii) Is mounted on structures no more than 10 percent taller than other adjacent structures; or
(iii) Does not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; (2) Each antenna associated with the deployment, excluding associated antenna equipment [as defined in the definition of "antenna" in 47 CFR Section 1.1320(d)], is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
(4) The facility does not require antenna structure registration under part 17 of Chapter 1 of Title 47 of the Code of Federal Regulations;
(5) The facility is not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x); and
(6) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR § 1.1307(b). (s) STEALTH FACILITY — Shall mean any wireless facility which is designed to blend into the surrounding environment by means of screening, concealment, or camouflage intended to make the facility look like something other than a wireless tower or base station. The antenna and related equipment are either not readily visible beyond the property on which they are located, or, if visible, appear to be part of the existing natural or built environment rather than as a wireless facility.
(t) SUBSTANTIAL CHANGE - Shall mean the same as provided in 47 C.F.R. §

1.46100(b)(7), as may be amended, which defines that term as a substantial modification changing the physical dimensions of an eligible support structure that meets any of the following criteria:
(1) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater;
(i) Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
(2) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; (3) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; (4) It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;
(5) It would defeat the concealment elements of the eligible support structure; or (6) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in (1) through (4) [which correspond to 47 CFR § 1.6100(b)(7)(i) through (iv)].
(u) TOWER — Shall mean any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles. (v) TRANSMISSION EQUIPMENT — Shall mean the same as provided in 47 C.F.R. §

1.6100(b)(8), as may be amended, which defines that term as "[e]quipment that facilitates transmission for any [FCC]-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as fixed wireless services such as microwave backhaul."
(w) WHIP ANTENNA — Shall mean a single shaft antenna, including all mounting equipment. (x) WIRELESS FACILITY or FACILITY - Shall mean the antennas, antenna structures, equipment, equipment cabinets, cables, and other types of installations and related appurtenances used for the provision of wireless services at a fixed location, including, without limitation, any associated towers), support structure(s), and base stations). § 9-7.1003 - Exemptions.
(a) The requirements of this article do not apply to antennas or antenna structures set forth in this section, unless noted otherwise below. Each exempt facility shall fully comply with other applicable requirements of the Avalon Municipal Code and all other applicable state and federal (1) Over-the-air-reception-devices (OTARD) antennas.
(i) Satellite dishes 39.37 inches (one meter) or less. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or less in diameter (or diagonal measurement) and either: (a) intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services; and (ii) Non-satellite dishes 39.37 inches (one meter) or less. A dish antenna 39.37 inches or less in diameter or diagonal measurement and (a) intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services.
(2) Television broadcast system (TVBS) antennas, provided: (a) the antenna is located entirely on and/or above the subject property, and (b) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street. (3) Amateur radio antennas. Antennas and antenna structures constructed by or for amateur radio operators that met the following requirements:
(i) That are completely enclosed within a permitted building; or (ii) That consist of a single wire not exceeding one-fourth of an inch in diameter, and such wire antennas may be located in setback areas, provided the antenna does not extend above the maximum building height in the district; or (ill) That consist of a single ground-mounted vertical pole or whip antenna not exceeding fifty feet in height, measured from finish grade at the base of the antenna, and not located in any required setback area. Support structures or masts for pole or whip antennas shall conform to standards set out in the California Building Standards Code. A building permit may be required for the support structure or mast. (4) Public safety facilities. Telecommunications facilities used only for public safety or other noncommercial governmental functions, including personal wireless services, used, operated, and maintained by the City, or any fire district, school district, hospital, ambulance service, governmental agency.
(5) Temporary mobile facilities. Mobile facilities placed on a site for less than seven consecutive days, provided any other necessary permits are obtained. (6) Temporary Emergency facilities. Wireless telecommunications facilities erected and operated for emergency situations, as designated by the Avalon Sheriff or City Manager, so long as the facility is removed at the conclusion of the emergency. (7) DAS. Distributed Antenna Systems or DAS installed and operated wholly within an existing structure or building.
(8) Antennas and wireless facilities within public rights-of-way. Antennas and wireless facilities placed wholly within public rights-of-way are governed by Avalon Municipal Code, Title 4, Chapter 4-9, Article 3 (Wireless Facilities in Public Rights-of-Way) and not this Article. § 9-7.1004. Permits Required; Application Requirements
(a) No wireless facility shall be constructed, erected, placed, or modified anywhere within the City without first obtaining a permit pursuant to the requirements of this article and without obtaining all permits required under any other applicable state, federal, or local laws or regulations.
(1) Administrative Wireless Permit Required. An administrative wireless permit is required for (a) an eligible facilities request, (b) a proposed "collocation facility" as defined in Government Code section 65850.6(d)(1); and (c) a new small wireless facility to be placed upon an existing structure.
(i) The Planning Director or designee shall review, process, approve, conditionally approve or deny an application for administrative wireless permit in accordance with the procedures of this section. No public hearing shall be required for an administrative wireless permit required by this article. An applicant may appeal the decision of the Planning Director to the Planning Commission provided such appeal is filed with the City Clerk within 15 days following the issuance of the Planning Director's decision notification. If timely appealed, the Planning Commission shall review the application de novo.. The decision of the Planning Director, upon the expiration of such 15 days if no appeal is filed, or of the Planning Commission on appeal shall be final. (2) Site Plan Review Approval Required. Site plan review approval is required for (a) a new small wireless facility that involves placement of a new or replacement structure and (b) a new personal wireless service facility that involves placement upon an existing structure which (1) does not meet the definition of a small wireless facility or which will not meet the definition of a small wireless facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure and (2) either (i) the structure is not an existing tower or base station (as defined for eligible facilities request purposes) or (ii) the structure is an existing tower or base station (as defined for eligible facilities request purposes) but the proposed facility does not qualify as an eligible facilities request. The Planning Commission shall review, process, approve, conditionally approve or deny an application for site plan review approval in accordance with the procedure in Chapter 9-8, Article 2 except to the extent modified by this Article.
(3) Site Plan Review and Conditional Use Permit Required. Both a Site Plan Review and a Conditional Use Permit shall be required where the applicant is seeking to construct, place or modify a wireless facility that does not qualify under subsections (1) and (2) above. The Planning Commission shall review, process, approve, conditionally approve or deny an application for site plan review approval and conditional use permit in accordance with the procedure in Chapter 9-8, Article 4 except to the extent modified by this Article. (b) Application Requirements. An applicant seeking to install, construct, modify, replace, or place a wireless facility shall complete and submit an application to the Planning and Building Department for review and processing, upon the form published by the Planning and Building Department, which may be updated from time to time. In addition to any requirements specified by the application form, all applications shall, at minimum, require submission of the following:
(1) Name of applicant, contact information, location of proposed site, description of the application type sought, and the name and contact information of the user/ provider that will use the facility.
(2) A brief narrative accompanied by written documentation and a site plan or map together with photo simulations that explain the project. (3) A narrative and scaled map(s) that precisely disclose the geographic area(s) within the City proposed to be serviced by the proposed facility.
(4) A radiofrequency (RF) environmental evaluation report certifying that the proposed wireless facility meets FCC regulations and standards for construction, maintenance and operations.
(5) Payment of application fees.
(c) Consultants. The Planning Director, Planning Commission, or City Council considering the relevant permit issued pursuant to this article may require the application materials, proposed findings, and conditions to be reviewed by an independent third-party peer review consultant.

The cost of the third-party peer review shall be the responsibility of the applicant. (d) Denials without prejudice. The denial of a permit application for an eligible facilities request shall be without prejudice. To promote efficient review and timely decisions, any application governed under this article regardless of type may be denied without prejudice by the Planning Perpoor plane i thin 120 car Cidy days cit when they has car fails to apie a substantive incomplete in a written notice to the applicant. The Planning Director, or designee, in his or her discretion, may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the one hundred twentieth day that shows good cause to grant the extension. Good cause for an extension shall include, without limitation, delays due to circumstances outside the applicant's reasonable control. § 9-7.1005 Findings of Approval
(a) Administrative Wireless Permit:
(1) Findings for Approval for Small Wireless Facilities Subject to an Administrative Wireless Permit. No administrative wireless permit shall be approved for applications wherein an applicant seeks to place a new small wireless facility upon an existing structure unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:
(i) The facility shall conform with and carry out the General Plan and any certified Local Coastal Plan for the area; and
(ii) The facility complies with all applicable requirements of this article, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and
(iii) The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public Utilities Commission; and
(iv) The facility is not detrimental to the public health, safety, and welfare. (2) Findings for Approval of Eligible Facilities Requests: No administrative wireless permit shall be approved for an eligible facilities request unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:
(1) The proposed collocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. sections

1.6100(b)(3)-(9), or any successor provisions, after application of the definitions in 47 C.F.R. section 1.6100(b). The reviewing City authority shall make an express finding for each criterion; and
(ii) The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. sections

1.6100(b)(7)(i)-(iv), or any successor provisions; and
(ill) The proposed facility will comply with all generally applicable laws. (3) Findings for Approval of a proposed "collocation facility" as defined in Government Code section 65850.6(d)(1): No administrative wireless permit shall be approved for a "collocation facility" unless, on the basis of the application and other materials or evidence provided in review thereof the application complies with the requirements for the grant of a ministerial permit under Government Code section 65850.6. (b) Site Plan Review Under This Article. No site plan review approval shall be approved or conditionally approved pursuant to this article unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:
(1) All findings for approval required for site plan as specified in Section 9-8.203; and (2) The facility complies with all applicable requirements of article, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and (3) The proposed facility will comply with all generally applicable laws. (c) Conditional Use Permit Review Under This Article. No conditional use permit shall be approved or conditionally approved pursuant to this article unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:
(1) All findings for approval required for conditional use permit as specified in Section 9-

8.404; and
(2) The facility complies with all applicable requirements of article, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and (3) The proposed facility will comply with all generally applicable laws. § 9-7.1006 Location, Design and Development Standards for Wireless Facilities.

Each wireless facility subject to this article shall be designed, installed and operated in compliance with these location, design and development standards, unless specifically stated otherwise in this section. A qualifying eligible facilities request and a proposed "collocation facility" as defined in Government Code section 65850.6(d)(1) shall only be required to comply with the location, design, and development standards in subsections j, 1, m, o, i, s, u, and v of this section.
(a) Visual Criteria.
(1) Generally. Wireless facilities shall be designed in the least visible means possible and be aesthetically compatible with the surrounding area and structures (e.g., color, materials, size, and scale).
(2) Materials. The materials used shall be non-reflective and non-flammable. (3) Stealth Design. All wireless facilities shall be designed to incorporate concealment elements and screening to be a stealth facility.
(4) Concealment. The wireless facility and transmission equipment should be camouflaged or concealed to blend the facility with surrounding materials and colors of the support structure on which the facility is installed. Concealment elements include, but are not limited to, the following:
(i) Radio frequency (RF) transparent screening or shrouds; (ii) Matching the color of the existing support structure by painting, coating, or otherwise coloring the wireless facility, equipment, mounting brackets, and cabling; (iii) Placing cables and wires inside the pole or beneath conduit of the smallest size possible;
(iv) Minimizing the size of the site;
(v) Installing new infrastructure that matches existing infrastructure in the area surrounding the proposed site; and
(vi) Using paint of durable quality.
(5) Collocation or placement on existing structures shall be utilized to the extent technically feasible.
(b) Specific plan areas. Within any specific plan area, all wireless facilities shall be completely screened from the view of surrounding properties. Appropriate locations may include inside of attic spaces, steeples, cupolas, towers, below parapets or concealed in architectural features. (c) Location.
(1) Preferred Locations/Zones. The City prefers installations in the following zones/locations: Commercial (C); Special Commercial (SC); Resort Recreation (R-R); and Public (P).
(2) Existing Infrastructure Preference. The City has a preference for the use of existing infrastructure.
(3) Prohibited Zones. Installations are prohibited in flood plains, sensitive species areas, and on any parcel within a residential zone.
(d) Visibility from public places. A wireless facility installed in a location readily visible from a public trail, public park, or other publicly owned outdoor recreation area shall be sited and designed to blend in with the existing natural and/or manmade environment in such a manner as to be effectively unnoticeable. The smallest and least visible antennas as possible should be installed which will reasonably accommodate the operator's communication needs. (e) Height and Setbacks. All wireless facilities (including any ground mounted communication equipment, antennas, poles, or towers) shall comply with all height restrictions of the underlying zone. If there are no applicable height restrictions in an underlying zone, the wireless facility shall not exceed fifty (50) feet. A wireless facility and any related ground- mounted equipment shall comply with all setback requirements of the underlying zone. (f) Accessory Equipment. Undergrounding equipment, including remote radio units that cannot be placed with the antenna in the shroud, is preferred. Vaults and pull boxes shall be installed flush to grade. Ground-mounted equipment shall incorporate camouflaging and shrouding to match the colors, appearance, and materials of existing facilities and screen facilities from public view as much as is technically feasible.
(g) Cables and Wiring. All cables and wiring must be within the structure, or if not feasible, within conduit on the exterior of the structure. The conduit must be a color that matches facility and of the smallest size technically feasible.
(h) Antennas. Antennas, antenna structures and related equipment shall incorporate architectural, landscape, color and/or other treatments to minimize potential visual impacts. (i) Natural appearance. Ground-mounted facilities shall be enclosed in cabinets, sized only for the needed equipment and screened with natural vegetation or designed as a stealth facility.

Examples include a water tank, artificial tree, and rocks. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site views.
(i) Lighting. No facility shall be illuminated unless specially required by the Federal Aviation Administration (FAA) or other government agency. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding area property. (k) Standards for wall- and building-mounted facilities. (1) Roof-mounted antennas. Roof-mounted antennas shall be set back from the edge of the roof a distance at least as great as the height of the antenna or shall be completely screened so as not to be visible to the general public from ground level. (2) Wall-mounted antennas. Wall-mounted antennas shall be architecturally integrated into the building design. Wall-mounted antennas shall not exceed a total of 50 square feet per building face.
(1) Unauthorized access. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances. (m) Noise standards. Wireless facilities and all accessory equipment and transmission equipment must comply with all noise regulations and shall not exceed, either individually or cumulatively, the applicable noise level standards in Avalon Municipal Code Chapter 5-13. (n) Undergrounding. Extensions of electrical and telecommunications land lines to serve wireless telecommunications facilities shall be undergrounded
(o) Signs. No logos, decals, or advertising of any type may be affixed to any element of the wireless facility, equipment, or pole, except as required by federal or state law. Further, the City requires that a placard or decal listing the facility owner's name and emergency contact phone number be places in an inconspicuous area on an element of the equipment or on the pole directly below the antenna.
(p) Service roads. Existing roads and easements shall be used to the extent feasible. New service roads shall be limited to a width of 10 feet, unless a wider road is deemed necessary by the City. (q) Landscaping. In addition to any landscaping used for concealment or screening purposes, the applicant shall propose and install additional landscaping to replace any existing landscaping displaced during construction or installation of the applicant's facility. Applicant must use native landscaping unless otherwise specified by the City. The applicant's landscaping plan shall be subject to the City's review and approval but shall, at a minimum, match the existing landscaping and foliage surrounding the installation site.
(r) Compliance with laws. All wireless telecommunications facilities shall comply with the applicable provisions of this section and this article as well as the Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code and rules and regulations imposed by state and federal agencies. All wireless telecommunications facilities shall meet current standards and regulations of the Federal Communications Commission, California Public Utilities Commission, and any other agencies with authority to regulate wireless telecommunications service providers. If existing standards or regulations are changed, the applicant shall bring its facility into compliance with the new standards within 90 days of the effective date of such standards, unless the federal or state agency mandates a different compliance schedule. Changes to approved projects are subject to review and approval by the Planning Director or other applicable City decision-making body. Failure to comply with adopted new state or federal requirements shall be grounds for permit revocation.
(s) Public health. No wireless facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to the public health.

To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC's maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the City, county, state or federal government.

Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this section shall be grounds for the City to immediately terminate any permit granted hereunder, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the City. (t) Modifications. Any modifications to existing facilities or equipment or collocations shall not defeat the concealment elements of the existing structure/facility. (u) Electric Service. The City strongly encourages site operators to use flat-rate electric service when it would eliminate the need for a meter. Where meters are required, use the narrowest electric meter and disconnect available.
(v) Security. All equipment and facilities shall be installed in a manner to avoid being an attractive nuisance and to prevent unauthorized access, climbing, and graffiti. § 9-7.1007. Standard Conditions of Approval.

All permits issued in accordance with this article, whether approved by the Planning Director, Planning Commission and/or City Council considering the application or deemed approved by the operation of law, shall be automatically subject to the conditions in this section. The Planning Director and/or the hearing body considering the application shall have discretion to modify, supplement, waive or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this article. (a) Permit term. Except for eligible facilities requests, a permit for a wireless facility issued in accordance with this article will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the issuance date, unless the City establishes a shorter term for public safety or substantial land use reasons pursuant California Government Code § 65964(b). Any other permits or approvals issued in connection with an application subject to this Article, which includes without limitation any permits or other approvals deemed-granted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. (b) Code compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules. (C) Inspections - Emergencies. The City or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.
(d) Contact information for responsible parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Planning Director upon permittee's receipt of the Planning Director written request, except in an emergency determined by the City when all such contact information for responsible parties shall be immediately provided to the Planning Director upon that person's verbal request.
(e) Indemnities. The permittee and, if applicable, the owner of the private property upon which the tower and/or base station is installed shall defend, indemnify and hold harmless the City of Avalon, its agents, officers, officials and employees (1) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs of mandamus and other actions or proceedings brought against the City or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the City's approval of the permit, and (2) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one's agents, employees, licensees, contractors, subcontractors or independent contractors. Further, permittees shall be strictly liable for interference caused by their facilities with the City's communications systems. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the City attributable to the interference. In the event the City becomes aware of any such actions or claims the City shall promptly notify the permittee and the private property owner, if applicable, and shall reasonably cooperate in the defense. It is expressly agreed that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the property owner and/or permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense.
(f) Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility. Any natural screening afforded by site conditions, including, but not limited to, the presence of trees, landscaping, topographical features, or structures on the site that shield the facility from view, shall be considered stealthing elements.
(g) General maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval. (h) Graffiti removal. All graffiti on facilities must be removed at the sole expense of the permittee within 48 hours after notification from the City. (i) RF exposure compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the wireless facility, permittee or its representative must provide the City documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer.
(i) Build-out period. This permit shall lapse one year after its date of approval unless one of the following has occurred:
(1) A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
(2) A certificate of occupancy has been issued; or
(3) The facility is constructed or modified as approved and in operation; or (4) The build-out period is extended by the City authority which originally approved the permit.
(k) Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. (I) Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days. (m) Other approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with federal, state, and local laws, rules, and regulations.
(n) Modifications. No changes shall be made to the approved plans without review and approval in accordance with this article.
(o) Performance and maintenance. All wireless telecommunications facilities and related equipment, including but not limited to fences, cabinets, poles and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the City or after discovery by the permittee. (p) Performance bond. Prior to issuance of a building or electrical permit, the permittee shall file with the City, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated.

The security shall be in the amount equal to 100% of the cost of physically removing the wireless facility and all related facilities and equipment on the site, based on the higher of two contractors' quotes for removal that are provided by the permittee. The permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City council. Reimbursement shall be paid when the security is posted and during cach administrative review.
(9) City access. The City reserves the right of its employee, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the City reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The City shall make an effort to contact the permittee, prior to disabling or removing wireless facility elements.
(r) Encourage consolidation. Where the wireless facility site is capable of accommodating another facility upon the same site, the owner and operator of the facility shall allow another carrier to place its facilities and equipment thereon, provided the parties can mutually agree upon reasonable terms and conditions.
(s) Interference. To the extent allowed under applicable federal rules and regulations, the operator of a wireless facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a federal agency with jurisdiction over such matters finds that a facility is operating in violation of federal standards, the permittee shall promptly provide the Planning Director with a copy of any notice of such violation issued by any federal agency and shall notify the Planning Director once the facility comes back into compliance with applicable standards.
(t) Discontinuance of use. Antennas, support structures and related equipment shall be removed within 90 calendar days of the discontinuation of the use of a wireless facility operating under a use permit that has expired and the site shall be restored to its previous condition. The service provider shall provide the public works and planning development department with a notice of intent to vacate the site a minimum of 30 calendar days before vacation. For facilities located on City property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of all antennas, structures and related equipment within 90 calendar days of the discontinuation of the use. (u) Compliance verification. No later than one year after commencing operation of the facility or issuance of a certificate of occupancy, whichever occurs first, and annually thereafter, the applicant, wireless carrier, or property owner, shall have an appropriately licensed professional conduct a noise study of facility operations to verify compliance with all applicable local, state and federal regulations. In addition, a report shall also be submitted by an appropriately licensed professional to verify completion of any required site landscaping, equipment enclosures, and confirm that the facility appearance is in compliance with approved plans. These reports shall be submitted and reviewed by the Planning Director within five days of completion of the reports.

Failure to submit such compliance verification, or the submission of materials verifying a lack of compliance, will constitute grounds for the City to initiate a public hearing to consider whether permittee is fully complying with all conditions related to any permit or approval granted under this article.
(V) Conditions of Approval for Eligible Facilities Requests. In addition to the foregoing Standard Conditions of Approval, any eligible facilities request approved pursuant to this article shall be subject to the following standards of conditions unless modified by the Planning Director or City Manager.
(1) No permit term extension. The City's grant or grant by operation of law of a zoning permit for an Eligible Facilities Request constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station. The City's grant or grant by operation of law of a zoning permit for an Eligible Facilities Request will not extend the permit term for any permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station. (2) No waiver of standing. The City's grant or grant by operation of law of an Eligible Facilities Request does not waive, and shall not be construed to waive, any standing by the City to challenge any federal statute or regulation concerning Eligible Facilities Requests or any Eligible Facilities Request.
(3) Permit subject to conditions of underlying permit. Zoning permits for Eligible Facilities Requests shall be subject to the terms and conditions of the underlying permit for the existing tower or base station.
§ 9-7.1008. Nonconforming Facilities.

Nothing in this article shall validate any illegal or unpermitted wireless facilities installed prior to the effective date of this Article. All previously installed wireless facilities shall comply with this Article and are required to obtain a permit issued pursuant to this Article, when applicable in accordance with Chapter 9-8, Article 7, to be considered legal and conforming. § 9-7.1009. Revocation.
(a) Permittees shall fully comply with all conditions related to any permit or approval granted under this article or any predecessors to this article. Failure to comply with any condition of approval or maintenance of the facility in a matter that creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safety shall constitute grounds for revocation. If such a violation is not remedied within a reasonable period, following written notice and an opportunity to cure, the City may schedule a public hearing before the Planning Commission to consider revocation of the permit. The Planning Commission revocation action may be appealed to the City Council pursuant Section 9-8.206.
(1) If the permit is revoked pursuant to this section, the permittee shall remove its facility at its own expense and shall repair and restore the site to the condition that existed prior to the facility's installation or as required by the City within 90 days of revocation in accordance with applicable health and safety requirements. The permittee shall be responsible for obtaining all necessary permits for the facility's removal and site restoration. (2) At any time after 90 days following permit revocation, the City may require the facility to be removed and restoration of the premises as the City deems appropriate. The City may, but shall not be required to, store the removed facility (or any part thereof). The facility permittee shall be liable for the entire cost of such removal, repair, restoration, and storage. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City.
§ 9-7.1010. Limited Exceptions to Development, Design, and Location Standards. (a) The Planning Director, or designee, Planning Commission and/or City Council considering an application submitted for approval pursuant to this article may grant limited exceptions to the design, development and location standards for wireless facilities subject to this article, if it is determined that the applicant has established that denial of an application or strict adherence to the design, development and location standards would:
(1) Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of federal law; or
(2) Otherwise violate applicable laws or regulations; or (3) Require a technically infeasible location, design or installation of a wireless facility; (4) Involve only minor noncompliance with a requirement, provided such noncompliance either results in no increase in visual harms to the community or provides other benefits. (b) If the applicant requests a limited exception and the Planning Director or designee, Planning Commission, and/or City Council considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design or installation or minor noncompliance.

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CITY OF AVALON CITY COUNCIL
MEETING DATE: August 20, 2024 AGENDA ITEM: 5
ORIGINATING DEP: Administration CITY MANAGER: DHM
PREPARED BY: Jocelyn Francis, Assistant City Manager
SUBJECT: Sunset Bar and Grill Transportation Permit Application RECOMMENDED ACTION: Discuss and, if consensus is met, approve the Transportation Permit for the Sunset Bar and Grill to utilize a commercial autoette permit to pick-up/drop-off guests to the restaurant with stated conditions.

REPORT SUMMARY: On July 25, 2024 Veronica Bravo of the Sunset Bar and Grill submitted a Transportation Permit application and fee to the City of Avalon to provide pick-up/drop-off at 888 Country Club Drive and the passenger loading zone in the 100 block of Catalina. The restaurant is not in the flats area and providing an available transportation permit will allow visitors to more easily frequent the restaurant.

The applicant agrees to utilize an existing approved commercial autoette with a seating capacity of six. Off-street parking provided on-site at 888 Country Club Canyon. No fees will be exchanged for transport services.

No. of Capacity
Business Service Description Type
Vehicles Each
Sunset Bar and Guest Transport Evolution
1 6
Grill 10:00 am - 10:00 pm LSV
Avalon Municipal Code Section (AMC) §5-14.04 requires a hearing before the City Council to determine whether a transportation permit should be approved ensuring:
• The applicant has presented facts demonstrating a necessity for the requested vehicle(s).
• The requested vehicle(s) is appropriate for the intended use and necessary, for the proper functioning of the applicant's enterprise.
• The requested vehicle(s) will not have a deleterious impact on traffic congestion, traffic safety, noise, or air pollution.
• In view of the size and nature of the streets of the City and the character of the City itself, , the requested vehicle(s) will not have a deleterious impact on the public health, safety, and welfare.
• There is no more suitable alternative vehicle than the vehicle(s) requested by the applicant that can satisfy its requirements.

If approved by the City Council, the applicant must additionally meet the following conditions before a permit may be issued:
• Agree to limit transportation hours to 10:00am to 10:00pm, seven days a week. • Agree to limit vehicle parking to a maximum of 3 minutes to allow for the active loading/unloading of passengers in the passenger loading zone in the 100-block of Catalina Avenue.
• Maintain an active City of Avalon business license.

Maintain current City of Avalon Commercial autoette permit. • Provide proof of insurance per the Avalon Municipal Code.

Renewals to be evaluated by the Vehicle Clerk to ensure compliance every three years.

FISCAL IMPACTS: None.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENTS:

1. Transportation Application

2. Map
Transportation Permit
07/25/2024 4:59 PM (PDT)

CITY OF AVALON
P.O. BOX 20/
AVALON, CA 90704
(3I0) 510-0220
Transportation Permit
Business Name The Sunset Bar and Grill
Applicant First Name Veronica
Applicant Last Name Bravo
Mailing Address PO Box 2442
City Avalon
State CA
Zip Code 90704
Phone 310-562-6028
Email [email protected]
Business Physical Address 888 Country Club Drive
City Avalon
State CA
Zip Code 90704
Is the business a corporation? No
Nature of Business
Describe the nature of business Restaurant seeking to pick up and drop off guest from The Sunset Bar and Grill (Explain extent, character and located at 888 Country Club Drive to lower Catalina Ave. (same location as manner in which proposed Catalina Canyon Inn marking space) operation is to be conducted)
Submission ID: 21b4153a-5e71-4a53-b31c-3da1fb7e9b51 Page 1/2 Vehicles to be used
i. Vehicle Year
2023
Vehicle Model

AUTOETTE
Body Type
Evolution
Vehicle License Number
9NBH347
Vehicle Capacity
6 Is this vehicle currently permitted in Avalon?
Yes, Commercial Autoette
Proposed Dates/Hours of Monday - Sunday from 10:00AM - 10:00pm Operation
Describe Routes 888 Country Club Drive - Lower Catalina Ave Route Map
U The Sunset Bar and Grill TransportationPermit Route Map.pdf How will you remit payment? Cash/Check by Mail or In Person at City Hall (Please note a 3% convenience
fee is assessed on all credit card
payments)
....Make Check Payable to City of Avalon....

Payment may be made by mail at:

Ó Box 707
Avalon, CA 90704
Payment may be in person at:
410 Avalon Canyon Road
Avalon, CA 90704
Please note, application will not be processed until the application fee is paid.

By affixing your signature in the box below, you agree that such signature will be the electronic representation of your signature to be valid and binding upon you for all purposes when you (or your agent) affix below, including on legally binding contracts, just the same as a hand-written signature.

Signature of Applicant
Submission ID: 21b4153a-5e71-4a53-b31c-3da1fb7e9b51 Page 2/2 LEGEND POINTS OF INTEREST Catafina Island Golf Course Hermit Gulch Cam Activities Parks Telephone Avalon Cty Hall & Fire Station Catalima Museum for Art & History 5 Joe Machado Fiel Whigley Stage Catalima Island Yacht Club Lover's Cove SMO Dining & Nightife + Lifeguard Lockers
Avalon Post Office Chimes Tower Marine Fuel Dock
Sweets & Treats if Restrooms H Hospital Descanso Beach Nature Center Avalon Sheriff's Station
Shopping Restrooms Churches Green Pleasure Pies
& Showers Cabrilo Mole Boat Terminal Strate Park
Visitor Services Visitor Center Casino Bulking Harbor Department Tennis Courts Accommodations AVAL NO D. • Avalon Diving History Exhibit Hamilton Cove Tana Chub Pedestrian Walkway Casino Point DivePart SMCA Heliport Whigley Memoria Transportation No Vehides
Catalina Island Conservancy Trailhead & Botanic Garder
BANNING DR.

TREMONT ST. LAS LOMAS RD.

WRIGLEY RD. EUCALYPTUS AVE. CAMINO DEL MONTE RD.

STAGE COACH RD.

HODLE TERRACE RO
JAN OSSE VONS BEACON ST.

Grocery 10S 130 311V0 WHITTLEY AVE.
0N AЗ1DI THIRD ST. CAMIHO DEL MONTE RO.

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Conservancy Step Beach CRESCENT AVE CHIMES TOWER RO.

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Center S
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Avalon Harbor
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CITY OF AVALON CITY COUNCIL
MEETING DATE: August 20, 2024 AGENDA ITEM: 6
ORIGINATING DEP: Public Works CITY MANAGER: DAK
PREPARED BY: Jamie Hmielak, Maintenance Superintendent
SUBJECT: Ratify Prior Action - Purchase of Pump for Pebbly Beach Lift Station
RECOMMENDED ACTION(S): Determine that an emergency existed and ratify action by the City Manager and Public Works Director to purchase a new Flygt 6" submersible pump for the Pebbly Beach Lift Station. Make the affirmative finding that the Xylem Water Solutions, Inc. has satisfied the sole source requirement as specified in the Avalon Municipal Code Section 3-4.111(b). Allocate funds from Sewer Fund 108-25- 6552 for the procurement in the amount of not-to exceed $38,500.

REPORT SUMMARY: The Pebbly Beach sewage lift station is a key component of our wastewater infrastructure, and any operational downtime can lead to serious consequences, including potential public health risks and environmental concerns.

Having a spare pump readily available ensures a swift response to pump failures. Quick replacement of a malfunctioning pump minimizes downtime and helps maintain the continuous and efficient operation of the lift station.

The Pebbly Beach Lift station utilizes three pumps, and at peak times of sewer flow, two pumps are required to meet the demand. The third pump is on standby, and is used if one of the other two pumps fail. Recently two pumps failed, and are in need of repair and/or replacement. PERC Water, our contracted wastewater treatment plant operator, recommended that one of the pumps get repaired, and the second pump be replaced. It was determined that one pump needed to be ordered as soon as possible due to the extreme lead time for the new pump (14-16 weeks). Waiting for council approval would have added two additional weeks, therefore staff felt it was essential that the new pump be ordered immediately.

A quote from the sole source vendor for the pump, Xylem Water Solutions, Inc., provided an estimated cost of $33,920. Avalon Municipal Code (AMC) Section 3-4.106 (b) requires purchases of goods, services, supplies and equipment with a value over $25,000 be a publically noticed low bid procurement. However, AMC Section 3-4111 (b) allows the City to dispense with bidding if there is only one source for the procurement (sole source) or when the City makes the determination that the purchase can be made more economically and/or efficiently without bidding procedures. In this case, Xylem is the exclusive supplier of Flygt pumps in our region.

The procurement of the Flygt pump will be conducted in compliance with the City's emergency procurement policies, which allow for expedited purchasing procedures when immediate action is required to protect public health, safety, and welfare. Staff is requesting to ratify prior action for the purchase of the new pump at a cost no more than $38,500 to allow for tax & incidentals related to the procurement.

GOAL ALIGNMENT: Infrastructure reliability and safety.

FISCAL IMPACTS: A cost not-to-exceed of $38,500. Sufficient funds exist in FY 2024- 2025 Sewer Fund 108-25-6552.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: An additional pump failure could lead to potential sewage overflow.

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:

1. Quote from Xylem Water Solutions, Inc.

2. Sole Source Justification.
xylem
‹ylem Water Solutions USA, Inc
-lygt Product
July 31, 2024
11161 Harrel Street
ERC WATER COF Mira Loma, CA 91752
7520 NEWHOPE ST STE 18 Tel (951) 332-3668
Suite 180 Fax (951) 332-3679
FOUNTAIN VALLEY CA 92708-8206
ATTN: MR. DAVID WEST
Quote # 2024-LAB-0557
Project Name: N3171 095 434 IMP
Xylem Water Solutions USA, Inc. is pleased to provide a quote for the following Flygt equipment.

NT 3171.095-1580032
Qty Part Number Description Unit Price Extended Price
1 3171.095-0096 Flygt Model NT-3171.095 6" $ 32,200.00 $ 32,200.00 volute Submersible pump
equipped with a 460 Volt / 3
phase / 60 Hz 30 HP 1750 RPM
motor, 434 impeller, 1 × 50 Ft.
lenath of SUBCAB
4G25+S(2x0,5) submersible
cable, FLS leakage detector
olute is prepared for Flush Valve
NT 3171.095-1580032 Price $ 32,200.00
SUB- Total Price $ 32,200.00
Freight Charge $1,720.00
Total Price $ 33,920.00
Terms & Conditions
This order is subject to the Standard Terms and Conditions of Sale - Xylem Americas effective on the date the order is accepted which terms are available at http://www.xyleminc.com/en-us/Pages/terms- conditions-of-sale. aspx and incorporated herein by reference and made a part of the agreement between the parties.

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

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

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

Back Charges: Buyer shall not make purchases nor shall Buyer incur any labor that would result in a back charge to Seller without prior written consent of an authorized employee of Seller.
a xylem brand
Customer Acceptance
This order is subject to the Standard Terms and Conditions of Sale - Xylem Americas effective on the date the order is accepted which terms are available at http://www.xyleminc.com/en-us/Pages/terms- conditions-of-sale.aspx and incorporated herein by reference and made a part of the agreement between the parties.

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

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

Quote #: 2024-LAB-0557
Customer Name: PERC WATER COPR
Job Name:

Total Amount: $ 32,200.000
(excluding freight)
signature: ON t
Name: Divid Macstros, City Manager
(PLEASE PRINT)
Company/utility: City of Avalon PO: 8381
Address: Date: 8-9-244
Phone: 310.510-0220 oxt. 123
Email: jhnislake sily ufavalen, com
Fax:

Page 3 of 3 ends

a xylem brand

PURCHASE ORDER

CITY OF AVALON
P.O. BOX 707
AVALON, CA 90704 Show this Purchase Order Number 8381
310-510-0220 on all corrospondence, invoices,
shippiny papors and packages.
310 5100765 FINANCE FAX
DATE REQUISITION NO.
9:24
Kylem Water Solutiers VSA. Inc. City, of Avalen
REQUISITIONED BY WHEN SHIP SHIP VIA F.O.B. POINT TERMS
NET 30
QTY. ORDERED QIY. RECEIVED STOCK NO/DESCRIPTION UNIT PRICE TOTAL Flyg Bodel NT - 3171,095 $33,92000
SubmErsible pump
* Famingency Fo

1. Please send- onies of vour invoic
doris to ho ento in necondlance with mic
dalivery and spocilications shown above.

3. Notity us Immediately if you are umable to ship
as specified.
xylem Xlem Water Solutions USA, Inc
Flygt Products
11161 Harrel St.

Mira Loma, CA 91752 Tel
951-790-3398
August 1, 2024 Fax 951-332-3679
[email protected]
Jamie Hmielak
Maintenance Superintendent
City of Avalon
Office: 310-510-0220 Ext: 123
Fax: 310-510-0765
[email protected]
Subject:

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

This letter is to inform you that:

Xylem Water Solutions USA, Inc. - Flygt Products
11161 Harrel St
Mira Loma, CA 91752
Phone (951) 332-3669
Fax: (951) 332-3679
Is the exclusive supplier of Flygt Pumps, Mixers, Parts & Service for the Municipal market in the State of California for all southern counties including Ventura, Santa Barbara, Kern, San Luis Obispo, Los Angeles, San Bernardino, Orange, Riverside, San Diego and Imperial.

Flygt is a fully owned Xylem Inc. brand.

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

Thank you for your interest in Flygt Products.

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

Avalon City CouncilAugust 20, 2024

Avalon City Council
August 20, 2024