Agenda — Avalon City Council, October 1, 2024

AVALON CITY COUNCIL MEETING
TUESDAY, OCTOBER 1, 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 thismeeting, please contact the City Clerk’s Office (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-

35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the publicinspection at the time the records are distributed to all, or a majority of all, members of the City Council. Suchrecords shall be available at City Hall located at 410 Avalon Canyon Rd.

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 I PLEDGE OF ALLEGIANCE I INVOCATION I ROLL CALL

ANNOUNCEMENTS I WRITTEN COMMUNICATIONS

DEPARTMENT HEAD REPORTS

CITY MANAGER REPORT I CITY ATTORNEY REPORT

COUNCILMEMBER REPORTSIREQUESTS I MAYOR REPORT

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

PRESENTATION - Jim Luttjohann, President/CEO of Love Catalina will provide the annual presentation highlighting tourism promotion efforts. (10 minutes)

CONSENT CALENDAR

1. 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 September 3, 2024 and September 17, 2024 regular City Council Meetings.

CITY COUNCIL AGENDA
OCTOBER 1, 2024
PAGE 2

2. Warrants
Expenditures Submitted for Approval
o Warrants from the US General Fund in the amount of $1,605,423.30.o Warrants from the LMIHAF US Bank Account in the amount of $236,990.99o One payroll totaling $282,162.62. o Two electronic fund transfers totaling $104,486.76.

Recommended Action
Approve total expenditures for September 9, 2024 through September 20, 2024 totaling $2,229,063.67.

3. Resolution Approving and Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974
Pursuant to the Political Reform Act, the City is to: 1) Conduct a review of the City’s Conflict of Interest Code to determine if a change in the Code was necessary; 2) file abiennial notice regarding the results of the review no later than the required deadline; and3) amend the City’s Code pursuant to the Act, if necessary.

Recommended Action
Adopt a resolution approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

4. City Manager Employment Agreement — Merit Increase
On September 17, 2024, the City Council completed an annual performance evaluation for the City Manager, in accordance with the terms of the employment agreement. City Council directed staff to prepare an amendment to the compensation section of the Employment Agreement to provide a 5% merit increase.

Recommended Action
Amend the compensation terms of the Employment Agreement for City Manager Services with David Maistros dated December 10, 2021, providing a 5% merit increase to the City Manager’s base pay retroactively effective beginning on February 1, 2024.

GENERAL BUSINESS

5. Discussion Regarding Tents on the Beach
A member of the City Council requested City Staff bring forward a discussion regardingthe prohibition of tents on city-owned beaches. In summer of 2024, the City received complaints regarding large camping tents and pop-ups on beaches along Crescent Avenue. Specifically, residents and visitors noted the tents restricted access to the beach, inhibited enjoyment of the view, and were erected for many consecutive days without continual usage.

Recommended ActionHear presentation. If consensus, provide direction to Staff.

CITY COUNCIL AGENDA
OCTOBER 1, 2024
PAGE 3

6. Sidewalk Vending
On September 3, 2024 staff was directed to address the feasibility expanding the scopeof the sidewalk vending program as outlined in Avalon Municipal Code (AMC) Chapter 5-

21.04. Specifically, City Council requested staff to explore potential vending zones within the area of Crescent Avenue known as Front Street.

Recommended ActionHear presentation. If consensus, provide direction to Staff.

ADJOURN
NOTICE OF POSTINGI, Devin Elise Hart, declare that the City Council Agenda for Tuesday, October 1, 2024 was posted on Thursday, September 26, 2024 on the City’s website, www.cityofavalon.com/agendacenter, and at City Hall, 410 Avalon Canyon Road.

Devin Elise Hart, Management Analyst

CITY OF AVALON CITY COUNCIL
MEETING DATE: October 1, 2024 AGENDA ITEM:

ORIGINATING DEP: City Clerk CITY MANAGER:__________
PREPARED BY: Gabrielle Morones, City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the September 3, 2024 and September 20, 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 onthe posted agenda pursuant to the Brown Act.

ATTACHMENTS:

1. September 3, 2024 regular City Council Meeting Minutes

2. September 20, 2024 regular City Council Meeting Minutes

AVALON CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 3, 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 Lisa Lavelle, Michael Ponce, Mary Schickling and Yesenia De La Rosa. Also present: City Manager David Maistros, City Attorney Scott Campbell and City Clerk Gabrielle Morones.

CLOSED SESSION: 4:33 p.m.-5:00 p.m.Following the appropriate announcement of the Closed Session item the City Council went into Closed Session to discuss the following:

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
Following Closed Session Mayor Marshall announced there was no reportable action.

WRITTEN COMMUNICATIONS-City staff received one written communication regarding Item #9. Adoption of the Cruise Ship Wharfage Fee Increase and four written communications regarding Item #10. Cruise Ship Annual Report for the fiscal year ended June 30, 2024.

Emails have been provided to the City Council and are on file in the City Clerk’s office.

CONSENT CALENDAR-There were 7 Items on the Consent Calendar. Items #6 and #7 were pulled for a separate vote. Motion to approve Items #1-#5 made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes)

1. City Council Minutes
Approved minutes from the August 20, 2024 regular City Council Meeting.

2. Warrants
Approved warrants from the US General Fund in the amount of $598,084.21, one payroll totaling $274,043.37, two electronic fund transfers totaling $53,237.16 totaling $2,967,779.59 for August 12, 2024 through August 23, 2024.

3. Avalon City Council Policies Manual Review
Approved the revised Avalon City Council Policies Manual.

4. Adopt an Ordinance Amending Chapter 9-7, Article 10 “Antennas” of the Avalon Municipal Code and Adopfion of Exemption Findings Under the California Environmental Quality Act
Adopted Ordinance No. 1221-24 of the City Council of the City of Avalon, CaliforniaAmending Chapter 9-7 General Standards of Development/Article 10 “Antennas And Wireless Facilities” of the Avalon Municipal Code and Adoption of Exemption Findings Under the California Environmental Quality Act.

CITY COUNCIL MINUTES
SEPTEMBER 3, 2024
PAGE 2

5. OpenGov, Inc. Budget Software Renewal
Approved a one-year extension with OpenGov, Inc. for its budget preparation and transparency modules for a not-to-exceed amount of $27,022.52 with the option ofexpending for an additional fiscal year for a not-to-exceed amount of $30,000.00.

PULLED ITEMS #6 and #7
Mary Schickling abstained from Items #6 and #7 due to a financial conflict of interest. Motion to approve made by Lisa Lavelle, seconded by Michael Ponce. (4 Ayes: Marshall, De La Rosa, Lavelle and Ponce; 1 Abstention: Schickling)

6. Southern California Edison Community Resource Center License Agreement Authorized the City Manager to execute a Community Resource Center License Agreement with Southern California Edison granting shared use of the City Hall City Council Chambers during a “Public Safety Event.”

7. Cost Share Agreement with Southern California Edison regarding Five Corners Comprehensive Pedestrian Project
Authorized the City Manager to negotiate and execute an agreement with Southern California Edison establishing the terms and conditions of cost sharing for water utility and gas utility relocations and replacements associated with the Five CornersComprehensive Pedestrian Project.

GENERAL BUSINESS

8. Engineered Solution Group On-Call Engineering Services Contract Increase for Calendar Year 2024
Authorized the City Manager to execute an amendment to the City’s On-Call Engineering Professional Services Agreement with Engineered Solution Group (ESG), increasing the contracted maximum cumulative total for calendar year 2024 by $400,000.

Motion to approve made by Anni Marshall, seconded by Lisa Lavelle. (All Ayes)

9. Adoption of the Cruise Ship Wharfage Fee Increase
Introduced and waived all readings of an ordinance repealing and replacing chapter 10-

2.402(b) of the Avalon Municipal Code, use fees for harbor cruise ship passengers, andadoption of findings under the California Environmental Quality Act.

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

CITY COUNCIL MINUTES
SEPTEMBER 3, 2024
PAGE 3

10. Cruise Ship Annual Report for the fiscal year ended June 30, 2024 Received and filed the Cruise Ship Annual Report for the fiscal year ended June 30, 2024; Adopted Resolution No. 24-34 of the City Council of the City of Avabn Establishing Guidelines for the Approval of Cruise Ships to Visit Avalon for 2025-2027 with the addition to include the Harbormaster’s approval to allow for the additional cruise ship vessels on the weekends during the Summer Season (Memorial Day to Labor Day) or during special event weekends-such as Jazz Trax.

Councilmember Lavelle recused herself due to a conflict of interest.

Motion to approve made by Michael Ponce, seconded by Mary Schickling. (3 Ayes: Marshall, De La Rosa and Ponce; 1 No: Schickling; 1 Abstention: Lavelle).

BREAK: 7:50 p.m.-7:55 p.m.

11. Sidewalk Vendor Ordinance Discussion
The City Council discussed the possibility of expanding the scope of the sidewalkvending ordinance and directed City staff to gather the following information to discuss at a future city council meeting:

1. City staff along with the Fire Chief were directed to measure the area by the Wrigley Stage and fountain located on Crescent Avenue along with a list of what will and not be permitted for the sidewalk vendors and their carts in that area.

2. Directed City staff to contact Dion & Sons regarding their leased space at the Casino Dock and inquire if they have plans to utilize the space within the next 6 to 12 months. If there are no immediate plans, the City would like to allow for 1-2 sidewalk vendors to utilize the leased space for sidewalk vending.

3. Increase the City’s cap on the number of total sidewalk vending permits to eight and revisit the topic in the next 6-12 months to potentially increase the City’s cap to 10 sidewalk vendors.

4. Reach out to the Los Angeles County Department of Public Health to streamline the permitting process.

Mayor Marshall adjourned the meeting at 9:17 p.m.

I, Gabrielle Morones, City Clerk, do hereby certify that the DVD videotape of the regular City Council Meeting on September 3, 2024, is the official record of the Council Meeting and is on file and maintained in City Hall.

Gabrielle Morones, City Clerk

AVALON CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 17, 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 Lisa Lavelle, Michael Ponce, Mary Schickling and Yesenia De La Rosa. Also present: City Manager David Maistros, City Attorney Scott Campbell and City Clerk Gabrielle Morones.CLOSED SESSION- 4:30 p.m. — 5:08 p.m.

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

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
Following Closed Session Mayor Marshall announced there was no reportable action.

WRITTEN COMMUNICATIONS-None.

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

1. Warrants
Approved warrants from the US General Fund in the amount of $732,375.50, one payroll totaling $264,141.95, three electronic fund transfers totaling $100,791.32 totaling $1,097,308.77 for August 26, 2024 through September 6, 2024 totaling.

2. 2024 Volunteer Fire Assistance Grant
Adopted Resolution No. 24-35 of the City Council of the City of Avalon, California, Authorizing the Title VI Compliance Plan.

3. Adoption of the Cruise Ship Wharfaqe Fee Increase
Adopted Ordinance No. 1222-24 of the City Council of the City of Avalon Repealing and Replacing Chapter 10-2.402(B) of the Avalon Municipal Code,Use Fees for Harbor Cruise Ship Passengers, and Adoption of findings under the California Environmental Quality Act.

CITY COUNCIL MINUTES
SEPTEMBER 17, 2024
PAGE 2

4. Declare Vehicles and Equipment as Surplus
Adopted Resolution No. 24-36 of the City Council of the City of Avalon Declaring Specified Equipment to be Surplus and Authorizing the Sale or Disposal Thereof.

5. Harbormaster Building Roof Replacement
Authorized the City Manager or his designee to negotiate and execute a contract with Rainy Day Roofing, Inc. to replace the roof of the Harbormaster Building for a not-to-exceed sum of $100,000 as budgeted in the City’s Fiscal Year 2024-25Capital Improvement Plan, Project #207014, Account #10470-6547.

GENERAL BUSINESS

6. Building Services Division Request for Proposal
Recommended Action
Councilmember Lavelle directed staff to compare on-call consulting services versus having a full-time staff person to provide Building Division Services if the City would like to move towards a full-time Building Official at a later date.

Authorized City staff to publish a request for proposal (RFP) for consultant services to provide Building Division Services, and On-Call Engineering and Construction Management Services.

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

7. Five Corner Pedestrian Improvements Proiect Bid Results

1.) Made the affirmative finding that no bids were received by the bid deadline.

2.) Authorized the City Manager to negotiate a contract with Jordhal Construction, Inc. per Avalon Municipal Code Section 3-4.206.

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

8. Adult Use Cannabis Feasibility Discussion
City Council heard the presentation and directed staff to have Sagecrest Planning + Environmental when amending the zoning code to recommend potential areas for commercial cannabis facilities.

Mayor Marshall adjourned the meeting at 7:10 p.m.

I, Gabrielle Morones, City Clerk, do hereby certify that the DVD videotape of the regular City Council Meeting on September 17, 2024, is the official record of the CouncilMeeting and is on file and maintained in City Hall.

Gabrielle Morones, City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: October 1, 2024 AGENDA ITEM:
________
ORIGINATING DEP: Finance CITY MANAGER:
_______
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve total expenditures for September 9, 2024 through September 20, 2024 totaling $2,229,063.67.

REPORT SUMMARY: These disbursements through September 2Qth are comprised of warrants from the US Bank General Account totaling $1,605,423.30, warrant from the LMIHAF US Bank Account totaling $236,990.99, one payroll totaling $282,162.62, and other electronic fund transfers totaling $104,486.76.

ITEM DESCRIPTION AMOUNT DATE
GFUS BANK WARRANTS CK# 38625- 38685 1,605,023.30 09/13/24 LMIHAF US BANK WARRANTS CK# 5076 236,990.99 09/13/24
GF US BANK WARRANTS CK# 38686 400.00 09/17/24
PAYROLL 282,16262 09/20/24
EFT -CALPERS MEDICAL 96,734.80 09/1 6/24EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 7,751.96 09/20/24 TOTAL DISBURSEMENTS $ 2,229,063.67
GOAL ALIGNMENT: Ongoing meeting of City obligations.

FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in the 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: Audit Certificate, Warrant Lists, US Bank Detail

CITY OF AVALON

WARRANT DISBURSEMENTS
October 1, 2024
CHECK DATENUMBER ISSUED AMOUNT _________— ___________- DESCRIPTION FUEL: ALL DEPARTMENTS
SUPPLIES: ALL DEPARTMENTS
UNIFORMS: PUBLIC WORKS
COMMUNICATIONS: ALL DEPARTMENTSSWEEPER: 06/2024CONTRACT SERVICES: 07/2024 SWEEPER: 07/2024CONTRACT SERVICES: 08/2024
SWEEPER: 08/2024
FREIGHT: ALL DEPARTMENTS
SUPPLIES: COUNCIL CHAMBERS A/V
LEGAL FEES: 08/2024
CONTRACT SERVICES: IT
SERVICE: HARBOR
SUPPLIES: ALL DEPARTMENTSINTERNET: ALL DEPARTMENTS
DUES: ADMINISTRATION
SUBSIDY: 07/2024
SUBSIDY: 08/2024CONTRACT SERVICES: FALCONRY
SERVICE: RECREATIONSERVICE: HARBOR
SERVICE: PUBLIC WORKS
SERVICE: ADMINISTRATION
ADVERTISING: ALL DEPARTMENTS
VEHICLE: PUBLIC WORKSSUPPLIES: WWTPSERVICE: ADMINISTRATION WORKERS COMP: FIRE
RESIDENT DPTY: 07/2024RESIDENT DPTY: 08/2024
OUARTERLY PAYMENTS: PARAMEDICSSERVICE: ALL DEPARTMENTS
FUEL: HARBOR
UNIFORMS: FIRE
UNIFROMS: PUBLIC WORKS
SERVICE: PLANNING
REIMBURSEMENT 0/P COSTS
SERVICE: HARBORSUPPLIES. PUBLIC WORKS
SERVICE: RECREATION
SERVICE: PUBLIC WORKS CIP 20512SERVICE: PUBLIC WORKS CIP 205002 SERVICE: PUBLIC WORKSSUPPLIES: GARAGE AND HARBORSUPPLIES: WELDING REFUND: TREMONT
PERMIT FEE: AROO1O1
PERMIT FEE: AR00204
PERMIT FEE: AR00453
SUPPLIES: CEMETERY
SERVICE: ITSUPPLIES: GARAGE
SERVICE: HARBOR
SERVICE: FINANCESUPPLIES: WWTP
POSTAGE: REFILL
SUPPLIES: ALL DEPARTMENTSCOPIER LEASE: PLANNING
SERVICE: SUCCESSOR AGENCYSERVICE: HOUSING AUTHORITY
CONTRACT SERVICES: PLANNING 07/24
CONTRACT SERVICES: PLANNING 08/24
1ST HALF 08/2024
SERVICE: HARBOR
FEE: FINANCE

VEHICLE REGISTRATION

SOFTWARE LEASE FINANCE
CONTRACT SVCS: ADMINISTRATION
NAME
38626 09/13/2024 $ 6,063.39 MA OIL, INC
38627 09/13/2024 $ 8,164.65 AMAZON CAPITAL SERVICES, INC.38628 09/13/2024 $ 100.05 VESTIS GROUP, INC. 38629 09/13/2024 $ 1,243.22 AT&T38630 09/13/2024 $ 5,711.70 CR&R INCORPORATED 38630 09/13/2024 $ 181,499.86 CR&R INCORPORATED38630 09/13/2024 $ 5,934.46 CR&R INCORPORATED38630 09/13/2024 $ 181,499.86 CR&R INCORPORATED 38630 09/13/2024 $ 5,934.46 CR&R INCORPORATED38631 09/13/2024 $ 5,010.20 AVALON FREIGHT SERVICES, LLC 38632 09/13/2024 $ 2,498.58 B & H PHOTO38633 09/13/2024 $ 26,341.11 BEST. BEST & KRIEGER, LLP38634 09/13/2024 $ 2,941.50 BEYOND SOFTWARE SOLUTIONS 38635 09/13/2024 $ 300.00 CASSIDY, SI-lANA38636 09/13/2024 $ 76.14 CATALINA BEVERAGE CO38637 09/13/2024 $ 2,017.60 CATALINA BROADBAND SOLUTIONS 38633 09/13/2024 $ 70.00 CATALINA CHAMBER OF COMMERCE
38639 09/13/2024 $ 66,968.10 CATALINA EXPRESS38639 09/13/2024 $ 67,151.70 CATALINA EXPRESS 38640 09/13/2024 $ 13,800.00 CATALINA FALCONRY, LLC38641 09/13/2024 $ 450.00 JACKSON, JOHN HENRY 38641 09/13/2024 $ 450.00 JACKSON, JOHN HENRY38641 09/13/2024 $ 850.00 JACKSON, JOHN HENRY 38642 09/13/2024 $ 200.00 CATALINA ISLAND JANITORIAL
38643 09/13/2024 $ 960.00 CATALINA ISLANDER
38644 09/13/2024 $ 14,289.00 CATALINA YAMAHA38645 09/13/2024 $ 5,282.27 CHEROKEE CHEMICAL CO INC. 38646 09/13/2024 $ 185.15 CICCS/EAP
38647 09/13/2024 $ 725.55 CIRA38648 09/13/2024 $ 171,462.87 CO. OF LOS ANGELES SHERIFF’S DEPT. 38648 09/13/2024 $ 171,462.87 CO. OF LOS ANGELES SHERIFF’S DEPT.38649 09/13/2024 $ 249,645.25 COUNTY OF LOS ANGELES FIRE DEPT 38650 09/13/2024 $ 348.00 DEWEY PEST CONTROL38651 09/13/2024 $ 2,087.65 DION & SONS MARINE FUELS INC38652 09/13/2024 $ 100.23 GALLS. LLC 38653 09/13/2024 $ 373.65 GEMPLERS INC.38654 09/13/2024 $ 1,717.00 GEOGRAPHIC DATA & MANAGEMENT38655 09/13/2024 $ 91.48 GONZALES, ALIANA 38656 09/13/2024 $ 1,637.80 HARRY’S MARINE SERVICE, LLC 38657 09/13/2024 $ 4,857.24 HOME DEPOT CREDIT SERVICES
38658 09/13/2024 $ 680.00 LUPO, KARLA38659 09/13/2024 $ 13,000.00 JORDAHL CONSTRUCTION38659 09/13/2024 $ 46,301.90 JORDAHL CONSTRUCTION 38659 09/13/2024 $ 20,867.29 JORDAHL CONSTRUCTION38660 09/13/2024 $ 3,201.24 LAWSON PRODUCTS 38661 09/13/2024 $ 443.45 LINDE GAS & EQUIPMENT INC.38662 09/13/2024 $ 200.00 LOPEZ, DAVID 38663 09/13/2024 $ 2,517.00 LOS ANGELES COUNTY FIRE DEPARTMENT 38663 09/13/2024 $ 1,609.00 LOS ANGELES COUNTY FIRE DEPARTMENT38663 09/13/2024 $ 4,783.00 LOS ANGELES COUNTY FIRE DEPARTMENT38664 09/13/2024 $ 197.84 MAnHEWS INTERNATIONAL CORPORATION 38665 09/13/2024 $ 344.10 MM INTERNET, INC.
38666 09/13/2024 $ 69.02 NAPA AUTO PARTS38667 09/13/2024 $ 290.00 NETMOORING 38668 09/13/2024 $ 27,022.52 OPENGOV, INC.38669 09/13/2024 $ 3,542.00 POLYDYNE, INC. 38670 09/13/2024 $ 500.00 QUADIENT
38671 09/13/2024 $ 682.86 QUILL CORP
38672 09/13/2024 $ 310.81 RICOH USA, INC.38673 09/13/2024 $ 1,600.00 RSG, INC38673 09/13/2024 $ 418.75 RSG, INC 38674 09/13/2024 $ 20,673.15 SAGECREST PLANNING & ENVIRONMENTAL 38674 09/13/2024 $ 15,528.15 SAGECREST PLANNING & ENVIRONMENTAL 38675 09/13/2024 $ 9,357.91 SIRIAS CLEANING SERVICE38676 09/13/2024 $ 1,500.00 SOUTHWEST MARINE RESOURCE, INC.38677 09/13/2024 $ 56.39 STATE CONTROLLER’S OFFICE 38678 09/13/2024 $ 1,211.00 STATE OF CALIFORNIA, OMV
38679 09/13/2024 $ 4,105.30 SUPERION, LLC38680 09/13/2024 $ 10,000.00 TOWNSEND PUBLIC AFFAIRS, INC

Page 1 of 2 ends

CHECK DATE

CITY OF AVALON

WARRANT DISBURSEMENTS
October 1, 2024
38681 09/13/2024 $38682 09/13/2024 $38683 09/13/2024 $38684 09/13/2024 $38685 09/13/2024 $

58.10 UNDERGROUND SERVICE ALERT/SC
9,859.35 VASQUEZ SERVICES, INC.6,883.63 WESTRIDGE ENVIRONMENTAL GROUP 411.43 XEROX CORPORATION
186,295.52 CATALINA CHAMBER OF COMMERCE

DESCRIPTION
SERVICE: PUBLIC WORKSSERVICE: PUBLIC WORKS
SUPPLIES: WWTPCOPIER LEASE: ADMINISTRATION
FY24 TRUE UP PAYMENT
$ 1,605,023.30

NUMBER ISSUED AMOUNT NAME

Page 2 of 2 ends

CITY OF AVALON

WARRANT DISBURSEMENTS
October 1, 2024

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
5076 09/13/2024 $ 236990.99 JORDAHL CONSTRUCTION SERVICE: 206 E. WHIT]LEY $ 236990.99

Page 1 of 1 ends

CITY OF AVALON

WARRANT DISBURSEMENTS
October 1, 2024

CHECK DATENUMBER ISSUED AMOUNT NAME DESCRIPTION
38686 9/14/2024 $ 40000 STREET, JASON AIRFARE-IT APPLICANT (REISSUED) $ 40000

Page 1 of 1 ends

CITY OF AVALON CITY COUNCIL
MEETING DATE: October 1, 2024 AGENDA ITEM: 3
ORIGINATING DEP: City Clerk CITY MANAGER:___________
PREPARED BY: Gabrielle Morones, City Clerk
SUBJECT: Resolution Approving and Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974
RECOMMENDED ACTION(S): Adopt a resolution approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

REPORT SUMMARY: Pursuant to the Political Reform Act (the “Act”), the City Council directed staff to: (1) conduct a review of the City’s Conflict of Interest Code (“Code”) to determine if achange in the Code was necessary; (2) file a biennial notice regarding the results of the review no later than the required deadline, and (3) amend the City’s Code pursuant to the Act, if necessary.

During the review process, staff found that amendments to the City’s Conflict of Interest Code are necessary. A redlined version of the proposed amended Code is attached.

The Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), requires all public agencies to adopt and maintain a Conflict of Interest Code. The Act further requires that agencies regularly review and update their Codes as necessary when directed by the codereviewing body or when change is necessitated by changed circumstances (Sections 87306 and 87306.5). As the City’s code-reviewing body, the City Council directed that the Code be reviewed as required under the Act. During this review, staff found that amendments to the Code are necessary to include new positions that must be designated, revise the titles of existingpositions, revise disclosure categories and deletes titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions. Such amendments are required to be approved by the City Council as the City’s code-reviewing body.

GOAL ALIGNMENT: Required Reporting.

FISCAL IMPACTS: N/A.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would be out of compliance with State Law.

FOLLOW UP ACTION: If the City Council approves and adopts the proposed amended Conflict of Interest Code, a copy of the Code shall be on file with the City Clerk and available to the public. The City Clerk will file certified copy of adopted resolution. The final Conflict of Interest Code shall be effective immediately upon adoption and approval. 65059.00000\42663899. I
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENT(S):

1. Resolution

2. Legislative (Redline) Conflict of Interest Code

3. Final Conflict of Interest Code

4. California State Regulation 18730 Provisions of Conflict of Interest Code 65059.00000\42663899. I
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON,

CALIFORNIA, APPROVING AND ADOPTING AN AMENDED

CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL
REFORM ACT OF 1974
WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000, et seq. (the “Act”), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Avalon (the “City”), and which requires all public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the City Council adopted a Conflict of Interest Code (the “Code”) which was amended on October 18, 2022, in compliance with the Act; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City’s Code; and
WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on October 1, 2024, at which all present were given an opportunity tobe heard on the proposed amended Code.

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF AVALON THAT:

Section 1. The City Council does hereby approve and adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk and available to the public for inspection and copying during regular business hours; Section 2. The said amended Conflict of Interest Code shall become effective immediately upon adoption and approval.

Section 3 All previous conflict of interest codes shall be rescinded upon the effective date of said amended code as approved by the City Council. 65059.00000\42663799, I
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon this 1st day of October, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Ann H. Marshall, Mayor
City of Avalon, California
ATTEST:

Gabrielle Morones, City Clerk
City of Avalon, California
65059.00000\42663 799.1

LAW OFFICES OF

BEST BEST & KRIEGER LLP

CONFLICT OF INTEREST CODE
OF THE

CITY OF AVALON
65059.00000\42629 168.2 BBK— October -O2 2024

LAW OFFICES OF

BEST BEST & KR(EGER LLP

CONFLICT OF INTEREST CODE
OF THE

CITY OF AVALON
(Amended October 18, 2022 October 1, 2024)
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted 2 Cal. Code of Regs. Section 18730 which contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation (attached) and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the City of Avalon (the “City”).

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials anddesignated positions required to submit a statement of economic interests shall file theirstatements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and make all retained statementsavailable for public inspection and reproduction during regular business hours. (Gov. CodeSection 81008) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235(AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training.

These records shall be retained for five years after the date of training and are public recordssubject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.) 65059.00000\42629 168.2 1 BBK- October 2O 2024

LAW OFFICES OF

BEST BEST & KRIEGER LLP

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF AVALON
(Amended October 18, 2022 October 1, 2024)1
EXHIBIT “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3, are NOT subject to the City’s Codebut are subject to the disclosure requirements of the Act. (Government Code Section 87200 et seq.). [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments2. These positions are listed here for informational purposes only.

Finance Director
Financial Consultants [city does not have Financial consultants] 1 Updated October 2024 to include new positions that must be designated, revise the titles of existing positions, revise disclosure categories and deletes the titles of positions. 2 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The FPPC makes the final determination whether a positionis covered by § 87200. 65059.00000\42629168.2 App. A-2 BBK- October 20222024

LAW OFFICES OF

BEST BEST & KRIEGER LLP

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
Administrative Analyst 1Administrative Assistant (Sr.) 4Assistant City Manager 1, 2 Assistant Finance Director 5
Assistant Harbormaster 5_
Assistant/Associate/Senior Planner 2, 3, 5, 6
Building Official/Public Works Inspector 2, 3, 5, 6
Capital Improvement Projects Manager 1, 2
Chicf Administrative Officer/City ClerkCommunity Services Director 1Community Services Manager 5Community Services Supervisor 5Consulting Engineer [Removed - consultants are not be designated filers] 2, 3, 5 Dcputy City ClerkiSenior Administrative Assistant 4Fire Chief 5Harbormaster 5, 6 HR Analyst (ALL) 5Human Resources Director 5
IT Manager 5
Lead Code Enforcement Officer 5Lead Equipment Mechanic 5Maintenance Lead Worker 2, 3, 5Maintenance Superintendent 2, 3, 5 Management Analyst 4, 7Planning Director 1, 2Public Works Director 2, 3, 5 Ve1-icIe Clerk/Admin. Assistant S‘Jehicle Hearing Officer [Removed - consultant Positions are not be designated filers] 45-2 65059.00000\42629168.2 App. A-3 BBK- October O21QI

LAW OFFICES OF

BEST BEST & KRIEGER LLP
DESIGNATED EMPLOYEES’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
Waotewator i reatment Plant Manager_[Removed - Consultant Positions are not designated filers] 2-—i

MEMBERS OF BOARDS,

COMMITTEES & COMMISSIONS
Hospital Board of Trustees 1,2
Consultant and New Positions3
Individuals serving as a consultant as defined in FPPC Reg. 18700.3(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation:

The General Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and astatement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec.82019; FPPC Regulations 18219 and 18734.). The General Manager’s determination is a public recordand shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.)
65059.00000\42629 168.2 App. A-4 BBK- October 2?-2O24

LAW OFFICES OF

BEST BEST & KRIEGER LLP
EXHIBIT “B”

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business entities, sources of income, including gifts, loans and travel payments, or real property which the Designated Employee must disclose for each disclosure category to which the designated is assigned.3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either locatedin, doing business in, planning to do business in, or have done business during the previous two years in the jurisdiction of the City.

Category 1: All investments and business positions and sources of income, including gifts, loans and travel payments, that are located in, do business in or own real property within the jurisdiction of the City.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City, including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments and business positions and sources of income, including gifts, loans and travel payments, that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Category 5: All investments and business positions and sources of income, including gifts, loans and travel payments, that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the Designated Employee’s department, unit or division.

Category 6: All investments and business positions and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the Designated Employee’s department, unit or division.

LAW OFFICES OF

BEST BEST &

CONFLICT OF INTEREST CODE
OF THE

CITY OF AVALON
65059.00000\42629 168.3
LAW UFFICE:s OF

BEST BEST &

CONFLICT OF INTEREST CODE
OF THE

CITY OF AVALON
(Amended October 1, 2024)
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted 2 Cal. Code of Regs. Section 18730 which contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation (attached) and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the City of Ava Ion (the “City”).

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and make all retained statements available for public inspection and reproduction during regular business hours. (Gov. CodeSection 81008) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235(AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training.

LAW OFFICES OF

BEST BEST &

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF AVALON
(Amended October 1, 2024)1
EXHIBIT “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3, are NOT subject to the City’s Code but are subject to the disclosure requirements of the Act. (Government Code Section 87200 et seq.). [Regs. § 18730(b)(3)]

Finance Director
1 Updated October 2024 to include new positions that must be designated, revise the titles of existing positions, revise disclosure categories and deletes the titles of positions. 2 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The FPPC makes the final determination whether a position is covered by § 87200. 65059.00000\42629168.3 App. A-I BBK -October 2024

LAW OFFICES OF

BEST BEST &

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
Administrative Analyst 1
Administrative Assistant (Sr.) 4
Assistant City Manager 1, 2Assistant Finance Director 5 Assistant Harbormaster 5, 6Assistant/Associate/Senior Planner 2, 3, 5, 6 Building Official/Public Works Inspector 2, 3, 5, 6
Capital Improvement Projects Manager 1, 2
City Clerk 5, 6
Community Services Director 1Community Services Manager 5Fire Chief 5 Harbormaster 5, 6HR Analyst (ALL) 5Human Resources Director 5IT Manager 5 Lead Code Enforcement Officer 5
Lead Equipment Mechanic 5
Maintenance Lead Worker 2, 3, 5
Maintenance Superintendent 2, 3, 5Management Analyst 4, 7Planning Director 1, 2 Public Works Director 2, 3, 5
65059.00000\42629 168.3 App. A-2 BBK -Ociober 2023

LAW DFFICES DF

BEST BEST &

MEMBERS OF BOARDS,

COMMITTEES & COMMISSIONS
Hospital Board of Trustees 1, 2
Consultant and New Positions3
Individuals serving as a consultant as defined in FPPC Reg. 18700.3(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation:

The General Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). The General Manager’s determination is a public recordand shall be retained for public inspection in the same manner and location as this Conflict of InterestCode. (Gov. Code Sec. 81008.) 65059.00000\42629168.3 App. A-3 BBK -october 2024

LAW UFFCES DF

BEST BEST &
EXHIBIT “B”

Category 6: All investments and business positions and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authorityof the Designated Employee’s department, unit or division.

Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit or otherorganization, if the source is of the type to receive grants or other monies from or through the District or its subdivisions.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions of the position. (Reg. 18730.1)
6509.00042629! 68.3 App. B-I BBK- October 2024
(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interestcode are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
1 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if thegeographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 ofthe Political Reform Act, Sections 87200, et seq.In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.’
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee’s statement of economic interests those economic interests the employee has which areof the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee’s 2 disclosure categories are the kinds of economic interests which the employee foresceably can affect materially through the conduct of the employee’s office. (4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency’s conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing.(A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body,shall file statements within 30 days after the effective date of this code. Thereafter, each personalready in a position when it is designated by an amendment to this code shall file an initialstatement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember’s Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person’s return to office, provided the person, or someone authorized to represent the person’s interests, notifiesthe filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person’s military status.
3 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date ofnotice provided by the filing officer to file an assuming office statement, is not deemed to haveassumed office or left office, provided the person did not make or participate in the making of, or use the person’s position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person’s appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(I) File a written resignation with the appointing power; and(2) File a written statement with the filing officer declaring under penalty of peijuly that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or becomeentitled to receive, any fonn of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests.(A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
4 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senateconfirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated,respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee’s first annual statement shall begin on the effective date ofthe code or the date of assuming office whicheveris later, or for a board or commission member subject to Section 87302.6, the day after theclosing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the laststatement filed and the date of leaving office. (7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
‘When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following:

1. A statement of the nature of the investment or interest; 5 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity,if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description ofthe gift; the amount or value ofthe gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;
6 2. The name of every person from whom the business entity received payments if the filer’s pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee’s position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local goveniment agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on themember’s or employee’s statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. 7 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receiptof income or gifts from that source on the members or employee’s statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (c), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer’s agency has direction andcontrol. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official’s agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from 8 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer’s agency has direction and control.

This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is madeor the indebtedness created in the lender’s regular course of business on terms available to members ofthe public without regard to the elected officer’s official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local govermuent agency to which that elected officer has been elected or over which that elected officer’s agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender’s regular course of business on terms available to members ofthe public without regard tothe elected officer’s official status. This subdivision shall not apply to loans made to a publicofficial whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not actingas an agent or interrnediaiy for any person not otherwise exempted under this section. 9 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer’s election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
10 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of$l00 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(13) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
11 (9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use the employee’s official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official’s immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to thedesignated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee’s participation is legally required for the decision to be made. 12 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees’ participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official’s position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official’s immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act maybe accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329and 18329.5 or from the attorney for the employee’s agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
13 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the PoliticalReform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.

Designated employees who are required to file statements of economic interests under any other agency’s conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinctstatements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies ofstatements and forward the originals to the filing officer.

For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.

Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

However, investments or interests in real property of an individual include those held by the individual’s spouse and dependent children as well as a pro rata share of any investment orinterest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent orgreater. 14 A designated employee’s income includes the employee’s community property interest in the income of the employee’s spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filerand the filer’s spouse in the business entity aggregates a 10 percent or greater interest. Inaddition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.2. Editorial colTection (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28-90; operative 9-27-90 (Reg. 90, No. 42). 15 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8. 1 )-(b)(8. 1 )(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No.13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant toGovernment Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 16 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-1 1-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1-2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, CaliforniaCode of Regulations, section 18312(d) and (e) (Register 2000, No. 49).22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 AdministrativeProcedure Act rulemaking requirements) (Register 2001, No. 2).23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublishcd decision, April 27, 1992 (FPPC regulations only subject to 1974Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.l)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

Submitted to OAL for filing pursuant to Fair Political Practices Com,nission v. Office of Administrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, 17 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial colTection of History 24 (Register 2003, No. 12).26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1 )-(b)(8.1 )(A), (b)(9)(E) and (b)(1 l)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4(Register 2005, No. 1).28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.l), (b)(8.1)(A) and (b)(9)(E) filed 12-18-2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Coimnission v.

Office ofAdministrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.l)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11-3 0-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. OfficeofAdministrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review byOAL) (Register 2008, No. 44).31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 18 Administrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by CAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(l), (b)(3)-(4), (b)(5)(C), (b)(8.1)-(b)(8.l)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-20 13; operative 2-7-2013.

Submitted to CAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 AdministrativeProcedure Act rulemaking requirements and not subject to procedural or substantive review byCAL) (Register 2013, No. 2).

33. Amendment of subsections (b)(8. 1 )-(b)(8. 1 )(A), (b)(8 .2)(E)3. and (b)(9)(E) filed 12-15-2014;operative 1-1-2015 pursuant to section 18312(e)(l)(A), title 2, California Code of Regulations.Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission i Office ofAdministrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).34. Redesignation of portions of subsection (b)(8 )(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8. 1 )-(b)(8.1 )(A), redesignation of portions of subsection(b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to CAL for filing pursuant to Fair Political Practices Coimnission i’. Office ofAdministrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision, 19 April 27, 1992 (FPPC regulations only subjcct to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-20 18; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 183 12(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Conimission v. Office ofAdministrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

36. Amendment of subsections (b)(8.1 )-(8.1 )(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., fit. 2, section 183 12(e). Submitted to QAL for filing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPCregulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5 .5), (b)(5 . 5)(A)(2), (b)(7)(D), (b)(8)(A),(b)(8.l)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(1O) and(b)(l 1) and footnote 5 filed 5-12-2021; operative 6-1 1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission i’. Office ofAdministrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 20 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
21 CITY OF AVALON CITY COUNCIL
£ MEETING DATE: October 1, 2024 AGENDA ITEM: ________ ORIGINATING DEP: Finance CITY MANAGER: _______ PREPARED BY: Matthew Baker, Finance Director SUBJECT: City Manager Employment Agreement — Merit Increase RECOMMENDED ACTION(S): Amend the compensation terms of the Employment Agreement for City Manager Services with David Maistros dated December 10, 2021, providing a 5% merit increase to the City Manager’s base pay retroactively effective beginning on February 1, 2024.

REPORT SUMMARY: On November 16, 2021, the City Council authorized the execution of theEmployment Agreement for City Manager Services with David M. Maistros.

Per the City of Avalon’s Personnel Rules and Regulations, Chapter 2, Section 11.1: “The City Manager is directly responsible to the City Council for the successful administration of the City.

The salary range for the City Manager position shall be established by the Council. The Council shall periodically review the salary of the City Manager. Changes to the salary of the City Manager shall be at the discretion of the City Council.” Section 3a of the Employment Agreement states:

Employershall pay Employee a salary of Two Hundred Ten Thousand Dollars ($210,000) per year in accordance with Employer’s regularly established policies for payroll distribution. Employee will receive cost of living increases as may be provided to other City employees during the term of the Agreement. Employee is also eligible for merit increases during the term of this Agreement at the discretion of and as may be negotiated by the City Council. In no event shall Employee’s salary decrease during the terms of the Agreement unless specifically agreed to by Employee and the City.

On May 16, 2023, the City Council completed an annual performance evaluation for the City Manager, in accordance with the terms of the employment agreement. City Council directed staff to prepare an amendment to the compensation section of the Employment Agreement to provide a 5% merit increase to the City Manager’s base salary from $210,000 to $220,500 effective on February 1, 2023.

On September 17, 2024, the City Council completed an annual performance evaluation for theCity Manager, in accordance with the terms of the employment agreement. City Council directed staff to prepare an amendment to the compensation section of the Employment Agreement to provide a 5% merit increase to the City Manager’s base salary from $220,500 to $231,525 annually effective on February 1, 2024.

GOAL ALIGNMENT: Organizational stability.

SECOND AMENDMENT TO THE EMPLOYMENT AGREEMENT

FOR CITY MANAGER SERVICES WITH
DAVID M. MAISTROS
THIS SECOND AMENDMENT is made and entered into this day of October, 2024, by and between the City of Avalon (the “City”), and David M. Maistros (“Employee”) sometimes jointly referred to as “Parties.”

RECITALS
WHEREAS, on or about December 10, 2021, the City and Employee entered into an Employment Agreement for City Manager Services; and
WHEREAS, the Parties wish to amend the Agreement to provide a merit increase to the Employee’s salary compensation as the Parties have been in discussions concerning this in 2024; and
WHEREAS, pursuant to Section 14a of the Agreement, the Agreement may only be amended by written agreement signed by both the City and the Employee.

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

1. The Employee salary, as set forth in Section 3a of the Agreement, shall increase by 5% to $231,525 effective February 1, 2024.

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

IN WITNESS WHEREOF, the City and Employee have entered into this Second Amendment to the Employment Agreement for City Manager Services by and between the City of Avalon and Employee, as of the date first set forth herein.

David M. Maistros Ann H. Marshall, Mayor

CITY OF AVALON CITY COUNCIL
MEETING DATE: October 1, 2024 AGENDA ITEM:
________
ORIGINATING DEP: Administration CITY MANAGER: UL
PREPARED BY: David Maistros, City Manager
SUBJECT: Discussion Regarding Tents on the BeachRECOMMENDED ACTION(S): Hear presentation. If consensus, provide direction to Staff.

REPORT SUMMARY: A member of the City Council requested City Staff bring forward a discussion regarding the prohibition of tents on city-owned beaches. In summer of 2024, the City received complaints regarding large camping tents and pop-ups on beaches along Crescent Avenue. Specifically, residents and visitors noted the tents restricted access to thebeach, inhibited enjoyment of the view, and were erected for many consecutive days without continual usage.

The Avalon Municipal Code does prohibit tents in Avalon. Section 5-5.02 of the AMC states:

It shall be unlawful for any person to camp or to erect or maintain tents or other temporary shelters or occupy the same at any place within the City limits.

Concerns exist regarding the ability to enforce the existing code as it relates common activity encountered on our beaches. Section 5-5.02 could certainly be used to prohibit the pop-up canopies and four-pole tents that are so commonplace. However, would a regular beach umbrella be prohibited as an “other temporary shelters” pursuant to the AMC? Establishing a clear definition of what is prohibited would be recommended prior to moving forward with enforcement of Section 5.5.02 as it related to the beaches in Avalon.

A survey of beach cities revealed that most prohibit tents on the beach either by local ordinance or local policy.

Cities and Regions that prohibit tents on beaches:
- Los Angeles County - Redondo Beach
- Newport Beach - Marina Del Rey
- Oceanside
- Orange County
However, the cities of Manhattan Beach, Laguna Beach and Huntington Beach establish exceptions for types of tents based on either size or nature of construction.

Per the City of Manhattan Beach Municipal Code Section 12-3.01:

No person shall erect, maintain, use or occupy on the beach any tent, lodge, shelter or structure unless such tent, lodge, shelter or structure shall have two (2,) sides thereof entirely open, and unless there shall be an unobstructed view into such tent, lodge, shelter or structure from the outside on at least two (2) sides thereof.

Per the City of Huntington Beach Municipal Code Section 13.08.051:

Tents and Canopies. No Person shall erect, maintain or occupy any tent or canopy in excess of 100 square feet, or any tent or canopy without at least two sides completelyopen to public view, on the Beach or Adjacent Beach Area Per the City of Laguna Beach Municipal Code Section 18.04.020:

No person shall install, erect or maintain any canopy, awning, umbrella, tent or cover over six feet in height or wider than six feet square on or in any public beach, park, street, alley or passageway. Any canopy, awning, umbrella, tent or cover installed, erected or maintained on or in any public beach, park, street, alley or passageway shall have no more than one side closed to public view.

It is important to note, the cities surveyed have significantly greater beach area available for the public. Avalon beaches (Step Beach, Middle Beach and South Beach) are greatly impacted and congested during the summer.

Staff have developed a number of options for the City Council’s consideration:

1. Enforce the existing ordinance and request beach goers take down tents on the beaches.

2. Establish and promote a policy (adopted by resolution) notifying the public of times that all items must be removed from the beach. Working cooperatively with the Harbor Department, the Public Works Department will clear the beaches daily. Items left on the beach will be taken to a City lost and found area for a period of time and disposed if not claimed.

3. Modify the AMC to better define “tents” and potentially permit a version of tents and or umbrellas based on size or nature of construction.

4. Modify the AMC to prohibit the erection of tents on Middle Beach, but allow for tents on South Beach and/or Step Beach.

FISCAL IMPACTS: Undetermined.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Unknown.

FOLLOW UP ACTION: Implement Council direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda in compliance with the Brown Act.

ATTACHMENTS: None.

CITY OF AVALON CITY COUNCIL
MEETING DATE: October 1, 2024 AGENDA ITEM: ________ ORIGINATING DEP: Community Services Department CITY MANAGER: _______ PREPARED BY: David Hart, Community Service Manager SUBJECT: Sidewalk Vendor Ordinance Update
RECOMMENDED ACTION(S): Hear presentation. If consensus, provide direction to CityStaff.

REPORT SUMMARY: On September 3, 2024 staff was directed to address the feasibility expanding the scope of the sidewalk vending program as outlined in Avalon Municipal Code (AMC) Chapter 5-21 .04. Specifically, City Council requested staff to explore potential vending zones within the area of Crescent Avenue known as Front Street.

The AMC establishes parameters for sidewalk vending to meet certain health and safety standards. These standards include, but are not limited to:

No vending within 20 feet of the entrance way to any building, store, theater, movie house, house of worship or place of public assembly.
• Maintaining a minimum 4 feet of space on sidewalks for foot traffic.• No vending within 10 feet of a bus stop or other above ground amenities such as public benches, picnic tables, water fountains and/or bike racks. • Prohibition of sidewalk vending at high traffic and public recreational areas.• Prohibition of multiple vendors setting up within 50 feet of each other.

State law (SB 946) forbids cities from prohibiting sidewalk vendors, but provides cities local authority to restrict sidewalk vending to prevent undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of an area in City parks. The law also allows regulations directly related to objective public health, safety or welfare concerns.

Under the existing AMC, all of Crescent Avenue from the Cabrillo Mole to the Casino are prohibited in order to preserve the safety concerns and/or protect the scenic and naturalcharacter of the area.

After careful consideration of potential locations, staff determined that two additional sites could be added which would meet the established guidelines outlined in the AMC. Both sitesare within the area known as “the elbow” at the intersection of Crescent Avenue and Pebbly Beach Road. The specific locations are within the pedestrian walkway between the existing photo booth and the former location of the stand-up paddleboard rack. It is important to note that the long-term viability of these locations may be interrupted when further enhancements tothe Elbow are made.

Staff believe these locations can be occupied without adversely affecting pedestrian traffic flow. Additionally, the area is wide enough to allow for the placement of a vendor that does not obstruct the enjoyment of the scenic and natural character of area to the detriment of public welfare.

It is within the City Council’s purview to review the existing sidewalk vending ordinance and provide direction to Staff if an amendment is desired.FISCAL IMPACTS: Not applicable.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Undetermined.

FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENT: Chapter 5-21 of the Avalon Municipal Code.

Chapter 5-21. Sidewalk Vending
§ 5-21.01. Purpose and Findings.

Cily of Avalon. CA
Thursday. Sepiomber 26, 2024
[6-4-2019 by Ord. No. 1175-1 9. effective 7-4-2019]
(a) Purpose. The City finds that the vending of prepared or prepackaged foods, goods. and/or wares at semipermanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote sate vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community. (b) Findings.
(1) The City Council hereby finds that limitations on sidewalk vending are necessary to:
a. Comply with state legislation;
b. Promote the health, safety, and welfare;
c. Ensure that the goals and policies of the City’s General Plan are upheld; d. Ensure that the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles is maintained; e. Provide reasonable access for the use and maintenance of sidewalks, pathways, hydrants, restrooms, trash receptacles, firefighting apparatus, as well as access to locations used for public transportation services; f. Protect the quality of life of City residents and minimize disruptions to the quiet enloyrnent of residential property by restricting noise-making devices associated with sidewalk vending; g. Ensure no interference to the performance of police, firefighter, emergency, and other medical personnel services;h. Maximize public access in the commercial districts and along the coast; and i, Reduce exposure to the City for personal injury or property damage claims and litigation. (2) The City Council hereby finds that the following unique characteristics of the City require certain restrictions on sidewalk vending. a. Approximately one million visitors travel to the City every year to enjoy the scenic views along Crescent Avenue of the harbor, pier. and beaches. b. The vast majority of visitors to the City arrive via cross-channel carriers at the Mole structure. The Mole is under need of immediate repairs and eventual replacement and portions of it are off limits to the public due to hazards created by conditions of the infrastructure. Due to this, the areas that cross-channel carrier passengers must line up to get on the cross-channel carriers are limited, adding to the congestion of this area.
c. The Green Pleasure Pier is a narrow pier that provides unique views of the harbor, the City, and the mountains surrounding the City. Because of this unique location, the Green Pleasure Pier is already congested. Allowing sidewalk vendors on the Green Pleasure Pier would worsen the congestion and create additional health, safety, and welfare concerns anct pose hazards to those on the Green Pleasure Pier, d. The City is less than three square mites, with the majority of business or visitors services on or near Crescent Avenue. e. The beach and immediately adjacent walkways are very narrow and congested, with visitors often struggling to find space for their towels. chairs, and other equipment. During the summer, many people reserve spaces on the beach by placing their towels and beach equipment on the beach. § 5-21.02. Definitions.
[6-4-2019 by Ord. No, 1175-1 9, effective 7-4-20 19]For purposes of this chapter, the following definitions apply:

CERTIFIED FAMERS’ MARKET
A location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

CITY
The City of Avaton.

PARK
A public park owned by the City, except the Joe Machado Field,

ROAMING SIDEWALK VENDOR OR VENDING
A sidewalk vendor who moves from place to place and stops only to complete a transaction.

SIDEWALK VENDOR OR VENDING
A person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedaldriven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk, property, or other pedestrian path.

SPECIAL EVENT PERMIT
An event for which a special event permit has been granted pursuant to Chapter 6 of Title 4 of the Avalon Municipal Code.

SWAP MEET
A location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
§ 5-21.03. Permits Required.
[6-4-2019 by Ord. No. 1175-1 9, effective 7-4-2019](a) No person, either for themselves or any other person, shall engage in any sidewalk vendor activities within the City without first applying for and receiving a permit from the Community Services Department. No more than six permits shall be issued and active at one time. (b) All sidewalk vendors shall obtain a sidewalk vending permit from the City’s Community Services Department prior to engaging in any sidewalk vending activities by submitting an application for a permit and being approved for such permit. The following information shall be required in the application:
(1) Name, current mailing address, and phone number of the vendor; (2) If the vendor is an agent of an individual, company. partnership, or corporation, the name and business address of the principal;(3) The name, address and telephone number of alt persons that will be employed by the permittee as a sidewalk vendor, If an employee is lured after any permit is issued, tile name, address and telephone number of that employee will be provided prior to that person’s commencement of work; (4) A description of the merchandise/goods to be offered for sale or exchange, and the days/hours of sales; (5) A copy of the California setters permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor; (6) A copy of the vendor’s social security card with the number; or a copy of the valid California driver’s license issued to the vendor; or a copy of the individual taxpayer identification number issued to the vendor; or a municipal identification number. a. Any such identification number(s) or license(s) collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order; (7) If preparing or selling food, a copy of the Los Angeles County Department of Public Health pei’nuit issued to the vendor;(8) If the vendor proposes to be a sidewalk vendor, a description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of 48 inches of accessible route area, exclusive of the top of the curb, without obstruction, along the public sidewalk or public right-of-way, in compliance with the Americans with Disabilities Act and that no obstruction shall be located in a sidewalk or public right-of-way less than six feet in width when the sidewalk is adjacent to the curb; (9) A copy of general liability policy naming the City as additional insured in the amount of $1,000,000:(10) A certification by the vendor that to his or her knowledge and belief, the information contained in the application is true; (11) A City of Avaton business license:(12) A copy of a valid mobile food permit issued by the Los Angeles County Department of Public Healttl, as required or, if not, a certification that such a permit wilt be obtained within a year of applying for a sidewalk vending permit; (13) A written acknowledgment by the vendor that the vendor agrees to comply with alt the provisions of this chapter and alt applicable provisions of the City of Avalon Municipal Code;
(14) A description and/or image of any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance the vendor proposes using; and
(15) An agreement by the sidewalk vendor to defend. indemnify, release, and hold harmless lhe City, its City Council. boards, commissions, officers and employees from and against any and alt claims, demands, obligations, damages. actions, causes of action, suits, tosses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor’s sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit. attorneys’ fees, and other expensesincurred in connection with such claim, action, or proceeding whether incurred by the permittee. City, and/or the parties initiating or bringing such proceeding.
(c) At the time the application or renewal application is filed, the application shall pay the permit processing fee established by separate resolution of the City Council,
(d) Applicants may apply to simultaneously vend both food and merchandise under the same permit application. It an applicant sidewalk vendor proposes to sell both food and merchandise, the City may approve a proposed sidewalk vendor to sell merchandise alone, food alone, neither, or both, and shalt base its decision upon whether or not the applicant meets all the necessary requirements contained ri this chapter. Upon receiving approval to sell both merchandise and food, a permit-holding sidewalk vendor may sell both food and merchandise under the same permit. § 5-21.04. Prohibited Locations.
[6-4-2019 by Ord. No, 1175-19, effective 7-4-2019]
Sidewalk vendors shalt not engage in sidewalk vendor activities at the following locations:
(a) The Cabrillo Mote.
(b) Crescent Avenue from the Cabrillo Mote to the Casino and any walkway adjacent to Crescent Avenue from the Cabrilto Mole to the Casino, except that a sidewalk vendor may operate on the City’s property at the Casino Dock location until a vendor with an exclusive agreement to sell food and beverages on said site opens, in which case sidewalk vending shall be prohibited. (c) Any public property that does not meet the definition of a sidewalk or pathway including, but not limited to, an alley, intra-block, walkway, beach, street. street end, or parking lot.
(d) Joe Machado Field.
(e) Within 200 feet of:
(1) A permitted certified farmers’ market or swap meet during the limited operating hours of that certified farmers’ market or swap meet. (2) An area designated for a special event permit issued by the City during the limited duration of the special event. § 5-21.05. Review of Permit Application; Decision.
[6-4-2019 by Ord. No. 1175-1 9, effective 7-4-20191
(a) Upon acceptance of a properly completed and filed sidewalk vendor permit application, the Community Services Director or the City Manager shall conduct a preliminary investigation to determine compliance with this chapter and shall make such determination within no more than 30 days ofacceptance to approve or deny the application. The Community Services Director or City Manager shall provide the applicant with written notice of his or her decision to the address indicated in the application. (b) The Community Services Director or City Manager may deny an application for a permit if he or she makes any of the following findings:
(1) The applicant has failed to pay the application permit fee. (2) The applicant has made one or more material misstatements in the application for a permit. (3) The applicant does not have a valid social security card or valid California Driver’s license; or valid individual taxpayer identification number; or a municipal identifi cation number.
(4) The applicant’s vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this chapter. (5) Within five years of the date of the application, the applicant has been convicted in a court of compaterd jurisdiction or pled nob contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code § 11054. 11055, 11056, 11057 or 11058, or at the time of application is on probation or parole for any offenses set forth in this section for an offense that was committed within five years of the date of the application.
(6) It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage, except any permit required by the Los Angeles County Department of Public Health, in which case such permit shall be obtained within a year of the granting of a sidewalk vending permit. (7) The City’s cap on the number of total sidewalk vending permits, being six, has been reached, with the understanding that a stationary vending permit shall also allow a person to be a roaming vendor for the same food and/or merchandise. (8) The City’s cap on the number of sidewalk vending permits, being allowed with a designated public park, being one per park, up to a total of two permits to vend in public parks, has been reached.
(9) The applicant proposes to sell alcohol, drugs, and/or cannabis, (10) A member of the applicant’s immediate family, defined as a spouse or children, already holds a permit. (11) The applicant is an agent and/or employee of the same company and/or corporation of another permit holder. (12) The pushcart, stand, display. pedal-dnven cart, wagon. showcase, rack, or other nonmotorized conveyance the vendor proposes using exceeds the measurements of eight feet high by eight feet long by four feet wide. (13) The applicant proposes to use noise amplification devices. (c) If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied end that no permit will be issued, Notice shall be mailed to the applicant at the address shown on the application form. (d) If the Community Services Director or City Manager approves the applicant’s permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant. Such permit shall state at which location(s) the applicant has been approved to vend and any conditions of approval for the permit. (e) Exemptions, A sidewalk vending permit shall not be required for the following activities:
(1) The sale of agriculture products on the site where the product is grown. (2) Catering for private parties held exclusively on private property and not open to the general public. (3) Events permitted pursuant to a lawfully issued Special event permit including but not limited to a certified farmers’ market, swap meet, Street fairs, outdoor concerts, sport league opening day, and business sidewalk sales, (4) First Amendment Protected Vending.
(f) Term of Permit. The permits issued pursuant to this chapter shall automatically expire two years for food vendors and 18 months for merchandise vendors from the dale issued, unless an earlier expiration date is noted on the permit. çg) Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant. Each individual who proposes to be a sidewalk vendor must apply for and receive a permit before commencing sidewalk vending activities. (h) Display of Permit, Such permit shall, during the time such permittee is engaged in sidewalk vending, be worn constantly by the permittee on the front of his or her outer garment in such a way as to be conspicuous. Sidewalk vendors shall be required to exhibit their permits and/or licenses at the request of any person, in addition to wearing them in a conspicuous place, (i) If an applicant is approved to receive such permit, and the applicant does not vend at least four times a week for two different unexcused four consecutive-week periods within the period of one year, the permit shall automatically expire. If the applicant demonstrates to the City that he or she has a valid excuse for not vending at least four times per week for four consecutive weeks, including but not limited to being sick, then the Community Services Director or City Manager may halt and/or reverse the automatic expiration of the permit’s validity. In order to satisfy this requirement that asidewalk vendor vend on a certain day, ttiat vendor must be open and operating for a minimum of four hours, (j) If more applications are received than there are available permits, the Community Services Director or City Manager shall administer a lottery system to award the permits via lottery to those applicants who have filed a complete application with the City. which may include a waiting list. The details ofthe operation of the lottery system shall be set by separate resolution of the City. (k) tf an applicant or pernattee desires to appeal denial of their application or other ruling of the Community Services Director or City Manager on the grounds that the determination creates a hardship, such applicant or any other person aggrieved shall have the right to appeal such action or decisionto the City Council within 15 days after the notice of the action or decision has been mailed to the person’ s address as shown on the permit application. An appeal shall be taken by filing with the City Clerk a written appeal statement setting forth the grounds for the appeal, along with the City’s appeal fee, which shall be established by City Council resolution. A hearing shall be set not later than 60 days from the dates of filing of the applicants written appeal statement.
[Added byOrd. No. 1200-21, eff. September 16. 2021]
§ 5-21.06. Stationary Sidewalk Vending Locations and Standards. [6-4-2019 by Ord. No. 1175-19, effective 7-4-2019]
(a) Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone ot the City.(b) Stationary sidewalk vendors may operate in nonresidential zones of the City, including mixed use zones, provided they meet the following:
(1) The sidewalk vendor is duly licensed and meets all requirements of § 5-21.03; (2) The sidewalk vendor can Set UP their vending operation while still leaving a minimum of 48 inches of accessible path of travel, exclusive of the top of the curb, without obstruction, along the public sidewalk or public pathway. No obstruction shall be tocated in a sidewalk or public right-of-way tess than six feet in width when the sidewalk is adjacent to the curb; (3) The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition, including maintaining and emptying trash receptacles for waste generated by their operations;
(4) The sidewalk vendor location does not block entrances to private buildings, private driveways, parking spaces or building windows;(5) No vending shall occur within 10 feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway;
(6) No tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conlunction with the vendors’ vending activities;
(7) The vendor shall not attach or use any waterlines, electrical lines, or gas lines during vending operations; (8) Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited;(9) To prevent foodborne illness and protect the health and safety of the City’s residents, every sidewalk vendor selling any food or beverage is required to wear a hairnet and food service gloves:
(10) No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 with the side, front, or rear property line, as the case may be. It shall pass throughthe points located on both sides and front or rear property lines at a distance of 30 feet from the intersection of such lines at the corner of a streetor highway; (11) No vending shall occur within three feet of any streetlights, edges of tree wells, parking meters, or aboveground utility structures; (12) No vending shall occur within two feel of any existing subsurface utility box, valve, or vault;(13) No vending shall occur within 50 feet of another vendor; (14) No vending shall occur within 10 feet of bus stop locations, red curbs, or at locations where there are existing aboveground amenities such as newsstands or street furniture, including but not limited to benches and bike racks; (15) No vending shall occur in roadways, medians, pedestrian islands, or bikewaya; (16) No vending shall occur within 20 feet of the entrance way to any building, store, theater, movie house, house of worship, or place of public assembly;
(17) A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way:
(18) No equipment or objects used for sidewalk vending purposes may be left unattended or maintained in public spaces or in any portion of the public right-of-way from 10:00 p.m. to 8:00 a.m. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way shallbe considered discarded and may be seized or disposed of by the City:[Amended by Ord. No. 1200-21, eff. September 16, 2021] (19) To prevent unintended rolling or slipping, a sidewalk vendor is prohibited from operating a pushcart, pedal-driven cart. wagon. or other nonmotorized conveyance on a public right-of-way with a slope greater than 5%; (20) No vending shall occur within 20 feet of any location designated by the City’s Fire Department as needing to be kept clear for safety purposes:
and
(21) Vending hours are restricted to between the hours of 2:00 am. and 8:00 am. [Amended by Ord. No, 1200-21, eff. September 16, 2021]
(c) In the spirit of cooperation and with a desire to encourage economic activity, the City has taken steps to map out suggested locations in which stationary sidewalk vendors could vend and meet all of the requirements enumerated in Subsection (b) of this § 5-21.06. Such approved suggested locations are on file at the office of the Community Services Director and the information is available upon request. (d) The City’s Fire Department shall have authority in unique situations to order sidewalk vendors to keep clear any and all areas that pose a risk to safety because of overcrowding. Unique situations that attract unusually large crowds include but are not limited to the Fourth of July. § 5-21.07. Sidewalk Vending in Parks.
[6-4-2019 by Ord. No. 1175-19, effective 7-4-2019]
(a) Sidewalk vending of food or merchandise by stationary vendors shall be prohibited in any City park (Joe Machado Field) with a concession stand operated by a vendor under exclusive contract with the City selling similar food or merchandise. (b) Sidewalk vendors may operate in City parks provided they meet the following (1) The sidewalk vendor is duly licensed and meets all requirements of 5-21.03:
(2) For stationary sidewalk vending, the sidewalk vendor can set up their vending operation while still leaving a minimum of 48 inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway:
(3) The sidewalk vendor shall cease operations one hour prior to the close of the park:
(4) The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition, including maintaining and emptying trash receptacles for waste generated by their operations:
(5) The sidewalk vendor location does not block entrances to buildings, driveways, parking spaces, or building windows:
(6) No vending shall occur within the immediate vicinity of an event held pursuant to a special event permit;(7) No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane. making an angle of 45 with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of 30 feet from the intersection of such lines at the corner of a streetor highway:
(8) The sidewalk vendor does not cause an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park or necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities or regulations directly related to objective health, safety, or wellness concerns:
(9) No vending shall occur in public streets, roadways, medians, pedestrian islands, parking lots, alleys, or bikeways: and (10) The sidewalk vendor in parks shall be limited to one vendor per park, up to a total of two permits to vend in public parks. § 5-21.08. Roaming Sidewalk Vending.
[6-4-2019 by Ord. No. 1175-19, effective 7-4-2019](a) Roaming sidewalk vendors shall meet the following:
(1) The sidewalk vendor is duly licensed and meets all requirements of § 5-21.03 of this chapter:(2) Roaming sidewalk vending hours for residential zones are restricted to a start time of 8:00 am, and concluding one hour prior to dusk while for nonresidential zones vending hours are restricted to the same hours of operations as other businesses on the same street as the sidewalk vendor:
(3) The sidewalk vendor maintains their temporary vending area in a clean, orderly, and sanitary condition, including maintaining and emptying trash receptacles for waste generated by their operations:
(4) The sidewalk vendor does not block entrances to buildings, driveways, parking spaces, or building windows:
(5) The sidewalk vendor does not conduct sales from a public street; (6) No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of 30 feet from the intersection of such tines at the corner of a street or highway:
(7) No vending shall occur within three feet of any streetlights, edges of tree wells, parking meters, or aboveground utility structures; (8) No vending shall occur within two feet of any existing subsurface utility box, valve, or vault;(9) No vending shall occur within 50 feet of another vendor, (10) No vending shall occur within 10 feet of bus stop locations, red curbs, or at locations where there are existing aboveground amenities such as newsstands or Street furniture, including but not limited to benches and bike racks; (11) No vending shall occur in roadways, medians, pedestrian islands, or bikeways:
(12) No vending shall occur within 20 feet of the entranceway to any building, store, theater, movie hoLise, house of worship, or place of public assembly; (13) To prevent foodborne illness and protect the health and safety of the City’s residents, every sidewalk vendor selling any food or beverage is required to wear a hairnet and food service gloves:(14) No equipment or objects used for sidewalk vending purposes may be left or maintained in public spaces or in any portion of the public right-of-way from 10:00 p.m. to 8:00 am. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way shall be considered discarded and may be seized or disposed of by the City:
(15) To prevent unintended rolling or slipping, a sidewalk vendor is prohibited from operating a pushcart, pedal-driven cart, wagon, or other nonmotorized conveyance on a public right-of-way with a slope greater than 5%; (16) No vending shall occur within 20 feet of any location designated by the City’s Fire Department as needing to be kept clear for safety purposes: and (17) No vending shall occur in public beach areas or on walkways that are adjacent to the public beach areas. § 5-21.09. Suspension; Rescission.
[6-4-2019 by Ord. No. 1175-I 9, effective 7-4-2019]
(a) A sidewalk vendor permit issued under this chapter may be suspended or rescinded by the Community Services Director or City Manager after four or more violations of this chapter in accordance with § 5-21.11 of this chapter. at their discretion, for any of the following causes:(1) Fraud or misrepresentation in the course of vending; (2) Fraud or misrepresentation in the application for the permit; (3) Vending in a manner that creates a public nuisance or constitutes a danger to the public. (b) Notice of the suspension or rescission of a sidewalk vendor permit issued under this chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address. § 5-21.10. Appeals to City Manager.
[6-4-2019 by Ord. No. 1175-1 9, effective 7-4-2019]
In the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the Community Services Director made under the provisions of this chapter. such applicant or any other person aggrieved shall have the right to appeal such action or decision to the City Manager within 15 days after the notice of the action or decision has been mailed to the person’s address as shown on the permit application. An appeal shall be taken by filing with the City Clerk a written appeal statement setting forth the grounds for the appeal, along with the City’s appeal fee, which shall be established by City Council resolution. The filing of the appeal shalt stay the enforcement of any decision suspending or rescinding the permit. The Community Services Director shall transmit the written statement to the City Manager within 10 days of its filing and payment of the appeal fee, and the City Manager shall Set a time and place for a hearing on appeal. A hearing shall be set not later than 60 days from the dale of filing of the applicant’s written appeal statement with the Police Department. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of suspension or rescission at least five days prior to the date set for the hearing. At the hearing, the permittee and the City shall be entitled to legal representation and may present relevant evidence, testify under oath, and call witnesses who shalt testify under oath. The City Manager shalt not be bound by the traditional rules of evidence in a hearing, except that hearsay evidence may not be the sole basis for the decision of the City Manager. The City Manager may continue the hearing as deemed necessary. The decision of the City Manager on the appeal shall be final and binding on all parties concerned. § 5-21.11. Penalties.
[6-4-2019 by Ord. No. 1175-19. effective 7-4-2019]
(a) It is unlawful for any person to violate any provision or fail to comply with any requirements of this chapter. A violation of this chapter shell by punished by:
(1) An administrative fine not exceeding $100 for a first violation. (2) An administrative fine not exceeding $200 for a second violation within one year of the first violation. (3) An administrative fine not exceeding $500 for each additional violation within one year of the first violation. (4) Rescinding the vending permit issued to the vendor for the remaining term of that permit upon the fourth violation or subsequent violations. (b) A violation of vending without a sidewalk vending permit may, in lieu of the penalties set forth in Subsection (a), set forth above, be punished by:
(1) An administrative fine not exceeding $250 for a first violation. (2) An administrative fine not exceeding $500 for a second violation within one year of the first violation.(3) An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation. (c) If an individual is subject to Subsection (b), set forth above, for vending without a sidewalk Vending permit, upon the individual providing proof of a valid permit issued by the City, the administrative fines set forth in this chapter shall be reduced to the administrative fines set forth in Subsection (a). respectively. (d) The proceeds of any administrative fines assessed pursuant to this chapter shIl be deposited in the treasury of the City.(a) Failure to pay an administrative tine assessed under this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this chapter shatl not be assessed. (f) Any violation of this chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this chapter shall not be subject to arrest except when otherwise permitted under law. (g) When assessing an administrative fine pursuant to this chapter. the adjudicator shall take into consideration the person’s ability to pay the fine. The City shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid. including when a case is delinquent or has been referred to a comprehensive collection program. (1) If the person meets the criteria described in Subdivision (a) or (b) of Government Code § 68632, the City shall accept, in full satisfaction, 20% of the administrative fine imposed pursuant to this chapter. (2) The City may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative tine, or may offer an alternative disposition.
(h) A person who is currently serving, or who completed, a sentence, or who is subject to a fine. for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been ineffect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case. (i) Nothing contained herein shall be construed to impede the City’s or county’s ability to enforce County Health Department codes and regulations.

Avalon City CouncilOctober 1, 2024

Avalon City Council
October 1, 2024