AVALON CITY COUNCIL MEETING
TUESDAY, AUGUST 5, 2025 - 5:00 PM
410 AVALON CANYON ROAD
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the public inspection at the time the records are distributed to all, or a majority of all, members of the City Council. Such records shall be available at City Hall located at 410 Avalon Canyon Rd .
For the public's convenience, but not participation, the meeting can be viewed:
On local cable: Catalina Broadband Solutions channel 3
Streaming on YouTube: https://www.youtube.com/CityofAvalonCA
CALL TO ORDER / PLEDGE OF ALLEGIANCE / INVOCATION / ROLL CALL
ANNOUNCEMENTS / WRITTEN COMMUNICATIONS
DEPARTMENT HEAD REPORTS
CITY MANAGER REPORT / CITY ATTORNEY REPORT
COUNCILMEMBER REPORTS/REQUESTS / MAYOR REPORT
ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on non- agenda items at this meeting. Speakers should limit comments to two (2) minutes each.
PRESENTATIONS - City Engineer Robert Greenlaw, P.E., and representatives from City Consultants W-Trans, RRM Design Group and ESG Engineering will provide a presentation on the Five Corners Comprehensive Pedestrian Project. (45 minutes)
CONSENT CALENDAR
1. City Council Minutes
Although the live recording is the official record of public meetings, minutes are prepared for the City Council's approval.
Recommended Action
Approve minutes from July 15, 2025 regular City Council Meeting and June 24, 2025 Special City Council Meeting.
2. Warrants
Expenditures Submitted for Approval:
• US Bank General Account Warrants totaling $2,201 ,696.82. • Two payroll totaling $563,132.63.
• Six electronic fund transfers totaling $1,466,668.61.
CITY COUNCIL AGENDA
AUGUST 5, 2025
PAGE 2
Recommended Action
Approve total expenditures for July 7, 2025 through July 25, 2025 totaling $4,046,498.06.
3. Fiscal Year 2024-2025 Fourth Quarter Treasurer's Report State and Municipal Codes require the Treasurer to submit within 30 days following each fiscal quarter a report summarizing the City's cash and investment balances.
Recommended Action
Adopt the resolution accepting the FY24-25 Fourth Quarter Treasurer's Report.
4. Budget Software Procurement
After the development of the current year budget, City Staff performed an internal assessment of its budget development process and determined that there were opportunities to improve, particularly with respect to capital budgeting and presentation of the budget.
Recommended Action
Approve a four-year agreement with ClearGov, Inc. through June 30, 2029 for its online budgeting software-as-a-service (SAAS) solution, which includes its base platform, operational, personnel, and capital budgeting services, along with its digital budget book and capital project tracking tool , for a not-to-exceed amount of $37,625 in the current budget year and $171 ,000 over the initial term of the agreement.
5. Maintenance Yard Security Gate Replacement
The current security gate system at the City Maintenance Yard has been in place for more than 22 years and has reached the end of its reliable service life. Due to the sensitive nature of equipment, vehicles, and materials stored at the yard , a dependable and modern gate system is essential for securing City assets and ensuring staff safety.
Recommended Action
Authorize the City Manager, or designee, to execute an agreement for procurement and installation of a new Maintenance Yard security gate from 1st Class Access Control for a not-to-exceed sum of $35,000, as budgeted the Annual Building Facilities CIP budget, Project #205007, Fund #10550-6687.
6. Authorization to Provide Termite Tenting Treatment for City Hall The City Hall facility has never undergone full-structure termite tenting . In recent months, persistent evidence of termite activity has been observed in the facility's lobby ceiling, including frass deposits, hollowed wood , and visible damage.
Recommended Action
Per the City's Procurement Policy, authorize the City Manager, or designee, to enter into a contract with Catalina Pest Control to perform full-structure termite tenting and fumigation of Avalon's City Hall facility for a not to exceed amount of $30,000 from City Hall Maintenance Account #10135-5700.
CITY COUNCIL AGENDA
AUGUST 5, 2025
PAGE 3
7. Adopt a Resolution Issuing a Medical Cannabis Delivery Permit to Catalina Cannabis, LLC
On May 6, 2025 the City Council adopted a resolution awarding a commercial cannabis permit to Catalina Cannabis, LLC for medical cannabis delivery business subject to compliance with all necessary conditions. Catalina Cannabis, LLC has completed all regulatory requirements set forth by the State of California Bureau of Cannabis Control and the City of Avalon .
Recommended Action
Adopt a resolution issuing a Medical Cannabis Delivery permit to Catalina Cannabis, LLC for a 12-month period beginning August 6, 2025.
GENERAL BUSINESS
8. Short-Term Rental Legislative Measures
On July 30, 2025, the approximate 24-month moratorium on the issuance of transient rental licenses will end . City Staff have proposed an amendment to the Article 3 of Chapter 1 of Title 3 of the Avalon Municipal Code (AMC) Modifying the Transient Rental System. If adopted regulations will go into effect 30 days later.
Recommended Action
Introduce and waive all further readings of an ordinance repealing and replacing Article 3 of Chapter 1 of Title 3 of the Avalon Municipal Code, updating regulations to the Transient Rental Licensing System.
9. Approval of Encroachment Permit to Install a Retaining Wall and Widen Middle Terrace Road for a Single Golf Cart Parking Space at 46 Upper Terrace An application for an Encroachment Permit was submitted by Peter J. Mokler, AIA, acting as the authorized agent for the property owner Richard Woodward , for the property located at 46 Upper Terrace. The application was received on June 18, 2025, and proposes modifications within the Middle Terrace public right-of-way.
Recommended Action
Find that the criteria specified in AMC Section 4-9.-106 is met and approve an encroachment permit at 46 Upper Terrace for installation of a new retaining wall and widening of Middle Terrace Road to accommodate a single golf cart parking space.
Authorize the City Manager or his designee to approve an encroachment permit, maintenance agreement, and recordable covenant applicable to the proposed encroachment at 46 Upper Terrace and authorize City Staff to negotiate with the property owners to determine the amounts of the required bond and liability insurance.
10. Contract for the Operations, Management, Maintenance, and Monitoring of the City of Avalon Wastewater System
In July 2023, the City formally entered into an agreement with PERC Water Corporation for the operation, management, maintenance, and monitoring of the City of Avalon's Wastewater System. PERC Water's current contract term expired December 15, 2024.
CITY COUNCIL AGENDA
AUGUST 5, 2025
PAGE4
While negotiations of a new agreement were ongoing, the City Council authorized the City Manager to execute a letter of understanding with PERC Water to continue their contract for a 6-month period with a 3% CPI adjusted rate.
Recommended Action
Authorize the City Manager to approve a contract with PERC Water Corporation for an additional five-year term for the operation, management, maintenance, and monitoring of the City of Avalon Wastewater System. Designate funds from FY 25-26 Sewer, Saltwater, and Storm Drain Budget Accounts. Total expenditure is not-to-exceed $2,464,335 annually.
11 . Resolution Adopting Memorandums of Understanding Between the City of Avalon and Avalon Municipal Employee, Confidential and Management Labor Associations for the Contract Period July 1, 2025 through June 30, 2028
Negotiations between the City and all labor associations/unions began in June 2025. After an approximate 50-day negotiation period, a consensus has been reached for adoption of the 2025-2028 Avalon Municipal Employee, Confidential, and Management Association MOUs.
Recommended Action
Adopt the resolutions adopting Memorandums of Understanding and Salary Schedules between the City of Avalon and the Avalon Municipal Employee, Confidential and Management labor associations for the contract period July 1, 2025 through June 30, 2028.
ADJOURN
NOTICE OF POSTING
I, Devin Elise Hart, declare that the City Council Agenda for Tuesday, August 5, 2025 was posted on Saturday, August 2, 2025 on the City's website, www.cityofavalon.gov/agendacenter, and at City Hall, 410 Avalon Canyon Road.
Devin Elise Hart, Senior Management Analyst
CITY OF AVALON CITY COUNCIL
MEETING DATE: August5, 2025
City Clerk
AGENDA ITEM: 1
ORIGINATING DEP:
PREPARED BY:
SUBJECT:
CITY MANAGER:
Gabrielle Morones, City Clerk
City Council Minutes
----
-----
RECOMMENDED ACTION(S): Approve minutes from the July 15, 2025 regular City Council Meeting and the July 24, 2025 Special City Council Meeting.
REPORT SUMMARY: Although the live recording is the official record of public meetings, minutes are prepared for the Council's approval.
FISCAL IMPACTS: N/A.
GOAL ALIGNMENT: Not Aligned .
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.
FOLLOW UP ACTION: File minutes in the City Clerk's office.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
1. July 15, 2025 regular City Council Meeting Minutes
2. July 24, 2025 Special City Council Meeting Minutes
AVALON CITY COUNCIL MEETING
TUESDAY, JULY 15, 2025
MINUTES
CALL TO ORDER-5:00 p.m.
ROLL CALL- Present via Teleconference and In-Person: Mayor Anni Marshall, Councilmembers Lisa Lavelle, Michael Ponce, Mary Schickling and Yesenia De La Rosa.
Also present: City Manager David Maistros, City Attorney Scott Campbell and City Clerk Gabrielle Morones.
WRITTEN COMMUNICATIONS-City staff received eight written communications regarding Item #5. Repeal and Replace Article 3 of Chapter 1 of Title 3 of the Avalon Municipal Code Modifying the Transient Rental Licensing System, one written correspondence on Item #6. Short-Term Rental Legislative Measures, and one written correspondence on Item #7. Cruise Ship Port Agreements. Copies were distributed to City Council and have been filed in the City Clerk's office.
CONSENT CALENDAR-There were three items on the Consent Calendar. Motion to approve Items #1-ltem #3 made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)
1. City Council Minutes
Approved minutes from July 1, 2025 regular City Council Meeting.
2. Warrants
Approved US Bank General Account Warrants totaling $ 431 ,797.96, US Bank Successor Agency Account totaling $ 3,850.00, one payroll totaling $ 285,848.26, one transfer to Northern Trust Landfill Trust Account for $ 316,000.00, two electronic fund transfers totaling $ 6,523.36 for a total expenditure of $1 ,044,019.58 for June 23, 2025 through July 4, 2025.
3. Adopt a Resolution Accepting the Grant from the State of California Department of Parks and Recreation Division of Boating Waterways Boating Infrastructure Grant Program
Adopted Resolution No. 25-24 of the City Council of the City of Avalon Accepting a Grant in the Amount of $300,000 from the Division of Boating and Waterways for the Development of a Boating Infrastructure Grant Facility at Avalon Harbor.
PUBLIC HEARING
4. Public Hearing to Receive Comment on the City's FY 25-26 Permanent Local Housing Allocation Program
1. Mayor Marshall opened the duly noticed Public Hearing, no comments were received . 2. Mayor Marshall closed the Public Hearing. 3. Approved the City's estimated FY 25-26 Permanent Local Housing Allocation Program award of $13,969. 4. Adopted Resolution No. 25-25 of the City Council of the City of Avalon , California, Authorizing the Allocation of the Fiscal Year 25-26 Permanent Local Housing Allocation Program (PLHA) Award Year 5 Allocation.
Motion to approved made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes)
CITY COUNCIL MINUTES
JULY 15, 2025
PAGE2
GENERAL BUSINESS /
5. Repeal and Replace Article 3 of Chapter 1 of Title 3 of the Avalon Municipal Code Modifying the Transient Rental Licensing System
City staff was directed to incorporate the following revisions into the proposed ordinance and return with a revised draft for consideration at the next City Council meeting : •
Section 3-1.305
Revise to read: Upon the third citation for a violation of any provision of this Article the Planning Department shall recommend to the Planning Commission that the Transient Rental License be considered for revocation.
Amend Section 3-1.312.
Revise to read:
At the hearing, the licensee shall appear personally or virtually, to be heard , to defend the charges and to call witnesses.
- Staff was directed to research the feasibility of a permanent ban on homeowners who operate illegal rentals.
- City staff was directed to examine the maximum penalties that may be imposed .
- The Planning Commission be provided a neighborhood saturation overlay map showing the locations of all active transient rentals when a new transient license is being considered .
- Consider revising the current fee structure by increasing penalties for violations of transient rental regulations , or alternatively, establish a separate fee structure specifically tailored to transient rentals.
BREAK 7:14 p.m.-7:22 p.m.
6. Short-Term Rental Legislative Measures
At the direction of the City Council, staff is requested to evaluate and report back on the following matters related to the City's transient rental program:
- Analyze the current transient rental fee structure and provide recommendations for potential increases. The review should consider administrative costs and enforcement needs.
- Explore policy options to limit the issuance of new transient rental licenses based on whether an applicant already holds one or more existing transient rental licenses.
- Implement a citywide cap of 410 transient rental licenses and provide a comprehensive saturation map that will show the current distribution of licenses by neighborhood.
- Prepare a draft waitlist policy for use once the license cap is reached .
7. Cruise Ship Port Agreements
1. City Council discussed the potential terms set forth by Magical Cruise Company Ltd, dba Disney Cruise Lines, Carnival Cruise Lines, and Royal Caribbean Cruises Ltd ., dba Royal Caribbean Group. City Council expressed that the size of the ships
CITY COUNCIL MINUTES
JULY 15, 2025
PAGE3
8. and the cruise lines who work with small businesses and offer passengers optional shore excursions when they dock should be a factor when negotiating port agreements.
2. Authorized the City Manager to negotiate and execute Port Agreements incorporating the terms set forth .
Motion to approve made by Lisa Lavelle, seconded by Yesenia De La Rosa. (All Ayes)
Options for City Council in Considering Tenant Protection and Rent Control Measures
The City Council will schedule a future study session to conduct a detailed review of the Tenant Protection and Rent Control measures.
Mayor Marshall adjourned the meeting at 9:20 p.m.
I, Gabrielle Morones, City Clerk, do hereby certify that the DVD videotape of the regular City Council Meeting on July 15, 2025, is the official record of the Council Meeting and is on file and maintained in City Hall.
Gabrielle Morones, City Clerk
AVALON SPECIAL CITY COUNCIL MEETING
THURSDAY, JULY 24, 2025
MINUTES
CALL TO ORDER - 4:30 p.m.
ROLL CALL - Present via Teleconference and In-Person: Mayor Anni Marshall, Councilmembers Lisa Lavelle, Michael Ponce and Yesenia De La Rosa. Also present: City Manager David Maistros, City Attorney Scott Campbell and City Clerk Gabrielle Morones.
Absent: Councilmember Mary Schickling.
WRITTEN CORRESPONDANCE-City Staff received one written communication regarding Item #1 Advance Payment of Measure C Funds to the Catalina Island Medical Center (CIMC). Copies were distributed to City Council and is filed in the City Clerk's office.
GENERAL BUSINESS
1. Advance Payment of Measure C Funds to the Catalina Island Medical Center (CIMC)
1. Approved the Intergovernmental Transfer (IGT) Agreement with the Department of Health Care Services (DHCS), which obligates the City to make an IGT transfer in the amount of ap-proximately $1,106,450.00 (including a DHCS Administrative Fee described below) and subject to reconciliation by DHCS for Catalina Island Medical Center's (CIMC) participation in the Voluntary Rate Range Intergovernmental Transfer Program, which CIMC believes will result in increased funding for CIMC. 2. Approved the transfer of approximately $1 ,106,450.00 to DHCS on or before November 21 , 2025 in accordance with the IGT Agreement 3. Approved an advance payment agreement with CIMC, whereby CIMC would allow the City to offset the amount of the IGT transfer of $1 ,106,450.00 plus City Attorneys' fees incurred in connection with the advance payment and certain administrative and lost opportunity fees, through Measure C funds , and , if necessary, any other available and permissible CIMC revenues over the course of eighteen months.
Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (4 Ayes-Mashall, Lavelle, De La Rosa and Ponce; 1 Absent-Schickling) Mayor Marshall adjourned the meeting at 4:50 p.m.
I, Gabrielle Morones, City Clerk, do hereby certify that the DVD videotape of the Special City Council Meeting on July 24, 2025, is the official record of the Council Meeting and is on file and maintained in City Hall.
Gabrielle Morones, City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: August 5, 2025 AGENDA ITEM: 2,
ORIGINATING DEP: Finance CITY MANAGER: W\11.
PREPARED BY:
SUBJECT:
Matthew Baker, Finance Director
Warrants
RECOMMENDED ACTION(S): Approve total expenditures for July 7, 2025 through July 25, 2025 totaling $4,046,498.06.
REPORT SUMMARY: These disbursements through July 25th are comprised of warrants from the US Bank General Account totaling $2,201 ,696.82, two payrolls totaling $563,132.63, five electronic fund transfers to CalPERS totaling $1,456,166.61 , which includes the City's unfunded accrued liability payment for the fiscal year, and other electronic fund transfers totaling $10,502.00.
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 40344 5,000.00 07/11/25
GF US BANK WARRANTS CK# 40345 - 40422 2,016,696.82 07/18/25 PAYROLL 282,505.67 07/11/25
PAYROLL 280,626.96 07/25/25
EFT - CALPERS MEDICAL - JULY 97,002.80 07/07/25
EFT - CALPERS UAL - FY26 1,222,490.00 07/07/25
EFT - CALPERS RETIREMENT PPE 06-13-25 45,339.65 07/07/25 EFT - CALPERS RETIREMENT PPE 06-27-25 45,634.37 07/07/25 EFT - CALPERS RETIREMENT PPE 07-11 -25 45,699.79 07/25/25 EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 10,502.00 07/25/25 TOTAL DISBURSEMENTS $4,046,498.06
GOAL ALIGNMENT: Ongoing meeting of City obligations.
FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in the FY24-25 Budget and FY25-26 Budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: Audit Certificate, Warrant Lists, US Bank Credit Card Detail
CITY OF AVALON
JULY 7 - JULY 25, 2025 DISBURSEMENTS
August 5, 2025
ITEM DESCRIPTION
GF US BANK WARRANTS CK# 40344
GF US BANK WARRANTS CK# 40345 - 40422
PAYROLL
PAYROLL
EFT - CALPERS MEDICAL - JULY
EFT - CALPERS UAL - FY26
EFT - (ALPERS RETIREMENT PPE 06-13-2 5
EFT - CALPERS RETIREMENT PPE 06-27-25
EFT - CALPERS RETIREMENT PPE 07-11-25
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES
APPROVED AND AU DITED THIS
5TH DAY OF AUGUST 2025
AUDIT COMMITTEE -MICHAEL PONCE
AUDIT COMMITTEE - MARY SCHICKLING
TOTAL DISBURSEMENTS
AMOUNT DATE
S,000.00 07/11/25
2,016,696.82 07/18/25
282,505.67 07/11/25
280,626.96 07/25/25
97,002.80 07/07/2S
1,222,490.00 07/07/25
45,339.65 07/07/25
45,634.37 07/07/25
45,699.79 07/25/25
10,502.00 07/25/ 25
$ 4,046,498.06
CERTIFICATE
IN ACCORDANCE W ITH SECTION 32702
OF THE GOVERNMENT CODE, I CERTIFY
THAT THE ABOVE DEMANDS ARE ACCURATE
AND THAT FUNDS ARE AVAILABLE FOR
PAYMENT.
I CERTIFY UNDER PENALTY OF PERJURY
THAT THE FOREGOING IS TRUE AND
CORRECT.
EXECUTED THIS 5TH DAY OF AUGUST 2025
FINANCE DIRECTOR - MATTHEW BAKER
CHECK
NUMBER
40344
DATE
ISSUED
7/ 11/ 2025
$
AMOUNT
CITY OF AVALON
WARRANT DISBURSEMENTS
July 15, 2025
NAME
5,000.00 RUBIO, LUIS
5,000.00
DESCRIPTION
SERVICE: RECREATION (JULY 4TH AUDIO)
---- - ----~-- -------- - -------------------
CHECK DATE
NUMBER
40345
40346
40347
40348
40349
40350
40350
40351
40352
40353
40354
40355
40356
40357
40358
40358
40359
40360
40361
40362
40363
40364
40364
40365
40366
40367
40368
40369
40370
40371
40372
40373
40374
40375
40376
40377
40378
40379
40380
40381
40382
40383
40384
40385
40386
40387
40388
40389
40390
40391
40392
40393
40394
40395
40396
40397
40398
40399
40400
40401
40402
40403
40403
40404
40405
40406
40407
ISSUED
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/ 18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
07/18/2025
CITY OF AVALON
WARRANT DISBURSEMENTS
July 15, 2025
AMOUNT NAME
22,775.00 4LEAF, INC.
76.99 ADAMO, JACOB T.
142.00 AIR SOURCE INDUSTRIES
3,490.23 AMAZON CAPITAL SERVICES, INC.
1,177.25 AMERICAN INTERNATIONAL GROUP
181,499.86 CR&R INCORPORATED
5,934.46 CR&R INCORPORATED
34.62 AVALON FREIGHT SERVICES, LLC
544.00 HICKMAN, JESSICA
13,845.44 AVALON MOORING & DIVING
200.00 BENTDAHL, MARY
1,075.31 BUTTE, JAMES
1,645.46 CART MART, INC.
2,359.42 CATALINA BOATYARD INC
60,040.26 CATALINA EXPRESS
45.00 CATALINA EXPRESS
14,400.00 CATALINA FALCONRY, LLC
5,134.72 CATALINA ISLAND COMPANY
CATALINA ISLAND MEDICAL CENTER
205.53 CDW GOVERNMENT
18,347.63 CIRA
48,616.73 CIRCUIT TRANSIT, INC.
(10,555.20) CIRCUIT TRANSIT, INC.
23,338.33 CO. OF LOS ANGELES SHERIFF'S DEPT.
849.33 COAST TO COAST SOLUTIONS
1,360.00 JOLIE COLBY
117.23 COLONIAL LIFE
1,044.00 CONEY ISLAND WEST
776.26 COOK, AMANDA
400.00 COUNTY OF LOS ANGELES C/0 LA RICS
32.00 DEPARTMENT OF JUSTICE
155.58 DION & SONS MARINE FUELS INC
240.42 EDISON
63.93 ENTENMANN-ROVIN CO.
29,862.98 ESG
1,639.55 ESG
180.00 ESG
830.50 ESG
449.23 ESG
10,939.70 ESG
160.00 ESG
19,113.45 ESG
160.00 ESG
180.00 ESG
1,620.00 ESG
8,120.00 ESG
6,590.08 ESG
6,276.00 ESG
27,631.38 ESG
3,754.63 ESG
540.00 ESG
600.00 ESG
775.82 FINANCIAL CREDIT NETWORK
5,206.25 PLAYCORE WISCONSIN, INC.
374.97 GANAHL LU M BER COM PANY
851,312.04 JI LK HEAVY CONSTRUCTION, INC.
391. 70 LAVELLE, LISA
2,500.00 LESSONS FROM SILVERADO LLC
1,972.00 M AESE, CATALINA
1,584.00 M RS T'S CH INESE KITCHEN
1,808.00 ORIGINAL ANTONIO'S PIZZER IA
137,619.15 PERC WATER
23,098.74 PERCWATER
1,274.61 PINNACLE DESIGNS
2,554.42 QUINN COMPANY
16,572.40 SAGECREST PLANNING & ENVIRONMENTAL
3,000.00 SOUTHWEST MARINE RESOURCE, INC.
DESCRIPTION
SERVICE: PLANNING DEPARTMENTS
REFUND: AMBULANCE
SUPPLIES: FIRE
SUPPLIES: ALL DEPARTMENTS
REFUND: AMBULANCE
CONTRACT SERVICE: 06/2025
SWEEPER: 06/2025
FREIGHT: ALL DEPARTMENTS
SERVICE: RECREATION
SERVICE : HARBOR
SERVICE: RECREATION
REIMBURSMENT 0/P COSTS
SUPPLIES: GARAGE
SERVICE: HARBOR
SUBSIDY: 06/2025
TRAVEL: SHERIFFS
CONTRACT SERVICES: FALCONRY 05/25 & 06/25
PROPERTY TAX: FY 25 PART 2
VOID
SUPPLIES: IT
WORKERS COMP: 04/2025 - 06/2025
CONTRACT SERVICES: 06/2025
FAREBOX: 06/2025
WATERFRONT PATROL: 05/2025
SUPPLIES: FIRE DEPARTMENT (JULY 4, 2025)
SERVICE: RECREATION 04/2025 • 06/2025
EMPLOYEE DEDUCTION : PPE 07/08/25
SENIOR MEALS: 04/2025 - 06/2025
RETIREE INSURANCE: 05/2025 & 06/2025
SERVICE: FIRE 06/2025
SERVICE: ADMINISTRATION
FUEL: HARBOR
UTILITIES: ALL DEPARTMENTS
UNIFORMS: FIRE
SERVICE: PUBLIC WORKS CIP180049
SERVICE: PUBLIC WORKS CIP180008
SERVICE: PUBLIC WORKS
SERVICE: PUBLIC WORKS CIP 205006
SERVICE: PUBLIC WORKS CIP 180003
SERVICE: PUBLIC WORKS CIP 205015
SERVICE: PUBLIC WORKS CIP 205017
SERVICE: PUBLI C WORKS CIP 207011
SERVICE: PUBLI C WORKS CIP 180005
SERVICE: PUBLI C WORKS CIP 207004
SERVICE: PUBLIC WORKS CIP 180005
SERVICE: PUBLIC WORKS CIP 180005
SERVICE: PUBLIC WORKS CIP 205014
SERVICE: PUBLIC WORKS CIP 205014
SERVICE: PUBLIC WORKS CIP 190001
SERVICE: PUBLIC WORKS
SERVICE: PUBLIC WORKS CIP 180041
SERVICE: PUBLIC WORKS CIP 180041
SERVICE: FINANCE
SERVICE:RECREATION CIP 256503
SUPPLI ES:PUBLIC WORKS
SERVICE: CIP 180049
REIMBURSM ENT 0/P COSTS
TRAINING: FIRE
SERVICE: RECREATION
SENIOR MEALS: 02/2025 • 06/2025
SENIOR MEALS: 10/2024 • 06/2025
CONTRACT SERVICES: 06/2025
M ONTHLY MAINTENANCE: 06/2025
SUPPLIES: HARBOR
SUPPLIES: GARAGE
CONTRACT SERVICES: PLANNING
SERVICE: HARBOR
- - -----~ --------------------------------
CHECK DATE
NUMBER ISSUED AMOUNT
40408 07/18/2025 2,724.65
40408 07/18/2025 8,657.24
40409 07/18/2025 7,553.19
40410 07/18/2025 1,617.96
40411 07/18/2025 51,621.66
40412 07/18/2025 215,295.95
40412 07/18/2025 111,747.98
40413 07/18/2025 3,918.03
40414 07/18/2025 1,989.58
40415 07/18/2025 3,521.76
40416 07/18/2025 5,887.70
40417 07/18/2025 1,246.38
40418 07/18/2025 3,445.09
40419 07/ 18/2025 769.47
40420 07/ 18/2025 3,800.00
40421 07/18/2025 658.79
40422 07/ 18/2025 24,138.00
$ 2,016,696.82
CITY OF AVALON
WARRANT DISBURSEMENTS
July 15, 2025
NAME
ULINE, INC.
ULINE, INC.
CORPORATE PAYMENT SYSTEM S
VERIZON WIRELESS
WAYNE PERRY, INC.
JORDAHL CONSTRUCTION
JORDAHL CONSTRUCTION
AAA OIL, INC
AMAZON CAPITAL SERVICES, INC.
AVALON BOAT STAND
AVALON FREIGHT SERVICES, LLC
AVALON MOORING & DIVING
BALBOA BOAT YARD
BOUND TREE MEDICAL
CALIFORNIA CONTRACT CITIES ASSOC.
CART MART, INC.
CATALINA ISLAND COMPANY
DESCRIPTION
SUPPLIES: PUBLIC WORKS
SUPPLIES: PUBLIC WOR KS CIP 205007
SEE ATTACHED DETAIL
COMMUNICATIONS: ALL DEPARTMENTS
SERVICE: CIP 207004
SERVICE: CIP 180003
SERVICE: CIP 180003
FUEL: ALL DEPARTMENTS
SUPPLIES: ALL DEPARTMENTS
SUPPLIES: HARBOR
FREIGHT: ALL DEPARTMENTS
FREIGHT: ALL DEPARTMENTS
SERVICE: HARBOR
SUPPLIES: FIRE
MEMBERSHIP:2025/2026
SUPPLIES: GARAGE
RENT: 07 /2025
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID JULY 18, 202S
August 5, 2025
LAST NAME POST DATE AMTUSD VENDOR DESCRIPTION DEPARTMENT SANCHEZ 5/19/2025 155.85 EXPEDIA TRAINING: LODGING HARBOR SCHMIDT 5/19/2025 8.36 CHET'S HARDWARE SUPPLIES HARBOR
SCHMIDT 5/21/2025 132.28 CHET'S HARDWARE SUPPLIES: MAINTENANCE Of PREMISES HARBOR SCHMIDT 5/22/2025 51.07 WEST MARINE PRO SUPPLIES: VEHICLE MAINTENANCE HARBOR SCHMIDT 5/22/2025 63.37 WEST MARINE PRO SUPPLIES: MAINTENANCE OF PREMISES HARBOR SCH MIDT 5/22/2025 74.98 WEST MARINE PRO SUPPLIES: VEHICLE MAINTENANCE HARBOR SCHMIDT 5/26/2025 29.17 CHET'S HARDWARE SUPPLIES: MAINTENANCE Of PREMISES HARBOR SCHMIDT 5/26/202S 3.16 CHET'S HARDWARE SUPPLIES: MAINTENANCE Of PREMISES HARBOR SCHMIDT 5/28/2025 110.35 CHET'S HARDWARE SUPPLIES: MAINTENANCE Of PREMISES HARBOR SCHMIDT 5/28/2025 26.65 TOPSIDE BY NDMK REIMBURSED BY EMPLOYEE HARBOR SCHMIDT 5/30/2025 190.75 POWER BOAT GUIDE SUPPLIES: OFFICE HARBOR SCHMIDT 6/2/2025 33.06 CHET'S HARDWARE SUPPLIES: SMALL TOOLS HARBOR SCHMIDT 6/2/2025 77.16 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES HARBOR SCHMIDT 6/2/2025 13.22 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES HARBOR SCHMIDT 6/2/2025 35.20 VONS SUPPLIES:OFFICE HARBOR
SCHMIDT 6/2/2025 171.13 GALLS MOU: UNIFORMS HARBOR
SCHMIDT 6/5/2025 516.30 DATATEL COMMUNICATIONS SUBSCRIPTION • IT HARBOR SCHMIDT 6/9/2025 1,786.01 RUGGED COMPUTING, INC MAINTENANCE AND EQUIPMENT COMPUTERS HARBOR SCHMIDT 6/9/2025 3,207.60 AMERICAN FLOOR MATS SUPPLIES: FLOAT REHABILITATION HARBOR SCHMIDT 6/11/2025 19.00 SENDHUB SUBSCRIPTION • IT HARBOR SCHMIDT 6/13/2025 44 .09 CHET'S HARDWARE SUPPLIES: MAINTENANCE Of PREMISES HARBOR SCHMIDT 6/16/2025 17.63 CHET'S HARDWARE CLEANING: SUPPLIES HARBOR SCHMIDT 6/13/2025 10.00 BOATING AND WATERWAYS TRAINING: BOATER CARD HARBOR MONTGOMERY 5/19/2025 710.59 HERTZ CAR RENTAL TRAINING: RENTAL CAR HARBOR MONTGOMERY 5/19/2025 66.21 EXXON CORNER MART WEST LA TRAINING: FUEL HARBOR s 7,553.19 CHECK NUMBER 40409
CITY OF AVALON CITY COUNCIL
MEETING DATE: August 5, 2025 AGENDA ITEM: :] ----
ORIGINATING DEP: Finance CITY MANAGER: ~JU,~
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Fiscal Year 2024-2025 Fourth Quarter Treasurer's Report RECOMMENDED ACTION($): Adopt the resolution accepting the FY24-25 Fourth Quarter Treasurer's Report.
REPORT SUMMARY: State and Municipal Codes require the Treasurer to submit within 30 days following each fiscal quarter a report summarizing the City's cash and investment balances. Attached is the Fourth Quarter Treasurer's Report for FY24-25. The report was shared with the City Treasurer prior to presentation to City Council.
The purpose of the report is to inform, on a quarterly basis, the City's cash and investment balances, the investment types, yields, and market values, and to ensure that the City's investments are in compliance with the City's adopted investment policy. The report shows that all of the City's funds are in compliance with its investment policy. In general, operating cash is held in US Bank checking accounts and any excess cash is invested in California's Local Agency Investment Fund (LAIF) and various certificates of deposit (CDs). In accordance with Government Code sections 16429.1 and 53601 et seq., the City cannot invest more than 30% of its portfolio in CDs. CDs accounted for 17.3% of the unrestricted cash and investments for the quarter ended June 30, 2025.
The City did not having any CDs or treasuries that matured during the quarter ended June 30, 2025. The City takes a ladder approach with staggered maturities for its CD investments to balance its goals of high rates in the short-term with stability to withstand market fluctuations in the longer-term. The City had a six month United States Treasury Bill (T-Bill) mature during the quarter and reinvested $5,750,000 in another six month T-Bill with an estimated yield of
4.49%. The City will continue to assess for opportunities to increase its investment returns while maintaining necessary liquidity and compliance with its investment policy.
The unrestricted cash balance for the fourth quarter of 2024-2025 totaled $25.7 million , a decrease of $429 thousand from the fourth quarter of 2023-2024. The decrease in unrestricted cash balance is largely attributable to increased capital outlays during the fiscal year. The unrestricted cash balance includes cash from enterprise funds (e.g. Harbor, Sewer, Saltwater, and Solid Waste) not available for general government functions. While the majority of grant funding is performed on a cash reimbursement basis, the unrestricted cash and investments balance also includes $2 million in grant pre-funding received in preparation for construction of the second phase of the Cabrillo Mole Ferry Improvement project that has not been spent as of June 30, 2025. The unrestricted cash balance increased by $1 .8 million compared to the third quarter of 2024-2025. The increase in unrestricted cash balance from the prior quarter is attributable to the seasonality of visitor-driven tax and property tax revenues. The City expects significant capital outlays on several major capital projects, including the second phase of the Cabrillo Mole Ferry Terminal rehabilitation and the Five C9rners Pedestrian Improvement project, which will reduce the unrestricted cash balances over the next several quarters.
Below is a chart comparing unrestricted cash balances from the first quarter of Fiscal Year 2015-2016 to the fourth quarter of Fiscal Year 2025-2026.
VI $~
C
0 ~ $]5
2 $}0
$15
Unrestricted Cash Balance
~ I I I I I I I I I I I I I I I I I I I I I I I I
The restricted cash balance for the fourth quarter of 2024-2025 totaled $12.8 million, an increase of $829 thousand from the fourth quarter of 2023-2024. The increase is largely attributable to increases in the CIMC Improvement Fund of $652 thousand and increases in the Landfill Trust Account of $498 thousand from investment gains and transfers. These increases were partially offset by decreases in the Housing Authority General Account of $414 thousand from construction at 206 East Whittley during the fiscal year ended June 30, 2025.
GOAL ALIGNMENT: Required disclosures.
FISCAL IMPACTS: None
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS:
1. FY24-25 Fourth Quarter Treasurer's Report
2. CD Investment Reports
3. Resolution to Accept the Report
NA 1E OF ISS ER/fYPE OF INVESTM ENT
UN RESTRICTED CASI! ANO INVESTMt: NTS
US BANK - GENERAL CHEC KING ACCOUNT
US BAN K - PAYROLL ACCOUNT
US BAN K - FLEX BENEFITS ACCOUNT
PETTY CAS H
PROEQUITIES - VA RIOUS CERTIFICATES OF DEPOSITS
!AL L Cl)S ARE FDIC INSURED!
MUL Tl-BANK SECU RITIES. VARIOUS CERTIFICATES OF DEPOSlr {ALL CDS ARE FDIC INSURE DI
LAlF - GENERAi# ACCOUNT
!CA LOCAL AGENCY INVESTMENT FUND!
TOTAL UNRESTRICTED CASH AND INVESTMENTS
RESTRICTED ACCOUNTS,
US BAN K • FLEX BENEFITS ACCOUNT
US BAN K • HOUSING AUTHORITY
1LOW MODERATE INCOME I-IOUSJNGJ
LAIF • HOUSING AUTHORITY
US BANK - SUCCESSOR AGENCY TO ACIA
LAIF • SUCCESSOR AGENCY TO ACIA
US BAN K (AS TR USTEE) - SUCCESSOR AGENCY
2tKt) REFUN DING BON DS DEBT SERVICE - SERIES A
211 1~ REFUN DI NG BON DS DEBT SER VICE - SERI ES A & B US BANK · CIMC IMPROVl:.M ENT FUN D
NORTH ERN T RUST· (Al.RECYCLE
CALPERS CERBT TRUST
TOTAL RESTRCITEO ACCOUNTS
TOTAL BALANCE OF ALL ACCOUNTS
CITY OF AVALON
QUARTERLY TR EASU RER'S REPORT
FOURTH QUARTER ENDED ,IUNE JO. 20:?.,,i;
BANK BALA NCE Ouhit:uuling Cht'ck.~ Dcr1osib In Tr11nsi1 BALANCE
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Under lhe prm ision ofScc11 011 53(,-1<, of1 hc Californm Go,·crnmem Code. 1he Treasurer or Chief Fiscal Officer shal l render n repon IO 1he Cit~ Council and Ctt~ Mn1mgcr. nt least qunrtcrl~. 1lm g mformntmu on nll sccun11cs . m, cs1mc111:- nnd 1110I,c~ s of lhe Cit~ The Cu~ is nblc 10 mccl 11 s anticipn1cd c.-.:pcnd iturc requirements for the 11c.-.: 1 s1:-.: mo111hs. Tlus qunrtcrl~ report complies ,, 11h the c urrent lm cs1mcnt Polic~ adopted b~ 1hc C 11~ Cou1x: 1I on June IX. 202-t Ole:, Olsen • Trcn,;urcr Date
Motthc\\ Bal.er - Fmonce D1roc1or Dntc
City of Avalon Investments Report Date: 6/30/2025
Certificates of Deposit
Dealer Settled Quantity Market Price Market Value Estimated Days to Annual Income Estimated Yield Maturity Date Maturity CUSIP Bank Name ProEquities, Inc. 04/13/2021 248,000 97.6210 242,100.08 2,480.00 1.02% 4/13/2026 287 05600XCP3 BMO Harris Bank ProEquities, Inc. 04/14/2021 247,000 97.5690 240,995.43 2,346.50 0.97% 4/14/2026 288 066519QV4 BankUnited ProEquities, Inc. 12/10/2021 248,000 98.5690 244,451.12 2,728.00 1.11% 12/10/2025 163 856285ZL8 State Bank of India ProEquities, Inc. 12/10/2021 249,000 101.4250 252,548.25 2,728.00 4.43% 7/17/2028 1,113 903SSGPP5 UBS Bank Multi-Bank Securities, Inc. 10/05/2022 246,000 99.9960 245,990.16 10,824.00 4.40% 10/6/2025 98 02589AE24 American Express Multi-Bank Securities, Inc. 10/07/2022 246,000 100.0060 246,014.76 10,824.00 4.39% 10/7/2025 99 92891CCQ3 Vystar Credit Union Multi-Bank Securities, Inc. 12/29/2022 246,000 99.9590 245,899.14 9,840.00 4.00% 6/30/2026 365 06063HPM9 Ba nk of Baroda Multi-Bank Securities, Inc. 12/30/2022 246,000 99.8550 245,643.30 9,594.00 3.90% 12/30/2026 548 05765LBT3 Balboa Thrift & Loan Multi-Bank Securities, Inc. 04/14/2022 246,000 97.7740 240,524.04 6,642.00 2.76% 4/14/2027 653 8716SFK45 Synchrony Bank Multi-Bank Securities, Inc. 04/29/2022 246,000 97.9200 240,883.20 6,888.00 2.85% 4/29/2027 668 39573LDES Greenstate CR UN Multi-Ba nk Securities, Inc. 4/30/2024 246,000 101.4520 249,571.92 11,562.00 4.63% 7/30/2027 760 654062LX4 Nicolet National Bank Multi-Bank Securities, Inc. 12/30/2022 246,000 102.2930 251,640.78 12,177.00 4.83% 12/30/2027 913 01~82MAB8 Alliant Credit Union Multi-Bank Securities, Inc. 04/19/2024 246,000 101.4710 249,618.66 11,193.00 4.48% 4/ 19/2028 1,024 910286HSS United Fidelity Bank FSB Mult i-Bank Securities, Inc. 5/22/2024 246,000 101.7820 250,383.72 11,439.00 4.56% 5/22/2028 1,057 0718UBG8 Baxter Credit Union Multi-Bank Securities, Inc. 06/07/2023 246,000 102.9330 253,215.18 11,070.00 4.37% 6/7/2028 1,073 917352AH9 Utah Community Credit Union Multi-Bank Securities, Inc. 10/23/2023 246,000 103.3630 254,272.98 12,546.00 4.93% 10/23/2028 1,211 291916AG9 Empower Federal Credit Union Multi-Bank Securities, Inc. 12/12/2023 246,000 101.3740 249,380.04 10,947.00 4.38% 12/12/2028 1,261 949764JM7 Wells Fargo Bank Multi-Bank Securities, Inc. 11/26/2024 246,000 100.4030 246,991.38 10,209.00 4.13% 11/26/2029 1,610 67054NBT9 Numerica Credit Union Subtotal $ 4,436,000 $ 4,450,124 $ 156,038 3.52%
US Treasury
Dealer Settled Quantity Market Price Market Value Estimated Income Estimated Yield Maturity Date Days to
Maturity CUSIP Bank Name
Multi-Bank Securities, Inc. 05/16/2024 $ 5,750,000 100.0520 5,752,990 $ 129,375 4.49% 11/15/2025 138 91282C FW6 United States Treasury Bill Subtotal $ 5,750,000 $ 5,752,990 $ 129,375 4.49%
Cash
ProEquities, Inc. Cash $ 1,038.68
Multi-Bank Securities, Inc. Cash $ 41,967.84
Total $ 10,246,120.66
All of the Certificate of Deposits listed above are FDIC insured up to $250,000 each.
RESOLUTION NO. ----
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AV ALON/SUCCESSOR AGENCY TO THE AV ALON
COMMUNITY IMPROVEMENT AGENCY ADOPTING
THE TREASURER' S INVESTMENT REPORT FOR
FISCAL YEAR 2024/2025 FOURTH QUARTER
The City Council of the City of Avalon/Successor Agency does determine, fi nd and resolve as fo llows:
Section 1. The Fiscal Year 2024-2025 Fourth Quarter Treasurer's Report is hereby adopted and approved.
PASSED, APPROVED AND ADOPTED this 5th day of August, 2025 .
Ann Marshal 1 - Mayor
ATTEST:
MEETING DATE:
ORIGINATING DEP:
PREPARED BY:
SUBJECT:
CITY OF AVALON CITY COUNCIL
August 5, 2025 AGENDA ITEM: 1_J
Finance CITY MANAGER: \>MM v
Matthew Baker, Finance Director
Budget Software Procurement
RECOMMENDED ACTION($): Approve a four-year agreement with ClearGov, Inc. through June 30, 2029 for its online budgeting software-as-a-service (SAAS) solution, which includes its base platform, operational, personnel, and capital budgeting services, along with its digital budget book and capital project tracking tool, for a not-to-exceed amount of $37,625 in the current budget year and $171 ,000 over the initial term of the agreement.
REPORT SUMMARY: After the development of the current year budget, City Staff performed an internal assessment of its budget development process and determined that there were opportunities to improve, particularly with respect to capital budgeting and presentation of the budget. The City contacted its current budgeting software provider to discuss adding its digital budget book. The City's procurement policy requires contracts for services, supplies, and equipment of $25,000 or more to be awarded through competitive procedures. The City then solicited three vendors and received price quotes from OpenGov, Inc. (OpenGov), Euna Solutions, Inc. (Euna) and ClearGov, Inc. over varying terms. Below please find a pricing comparison for the first year of the contract:
Vendor Price Quote
OpenGov $37,354.93
Euna1 $33,900.00
ClearGov $37,625.00
After a thorough review of available budgeting solutions, including tools from OpenGov, Euna, and ClearGov, the City is requesting to move forward with ClearGov as its proposal offered the best competitive value, as defined in AMC Section 3-4.106(c). City Staff believes that ClearGov offers the most intuitive and customizable experience of the solutions reviewed , with powerful Operational and Personnel Budgeting tools that streamline department-level inputs and reduce reliance on spreadsheets. In addition to day-to-day budgeting functionality, ClearGov includes a Digital Budget Book that can be published both online and as a downloadable PDF, improving transparency and accessibility for council, staff, and the public. The platform also supports Capital Budgeting with a dedicated CIP Book and Project Communications Tool, allowing the City to track capital projects and keep residents informed in real-time. ClearGov's modular system also offers future growth opportunities, including the option to add a Digital ACFR to 1 One-time professional services fees of $18,590 not included in Euna price quote. 65059.00000\4403297 1. l
further enhance financial reporting and public engagement. To help offset the cost of transitioning budgeting SAAS providers, ClearGov has agreed to waive its setup fee of $27,000.
GOAL ALIGNMENT: Fiscal responsibility, citizen engagement and public transparency.
FISCAL IMPACTS: Included in the FY2025-26 Budget in Account 10130-5005.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: Implement City Council decision.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: ClearGov Service Order, ClearGov BCM Service Agreement 65059.00000\4403297 1.1
• c1earGov@ Service Order
2 Mill & Main; Suite 630; Maynard, MA 01754
Created by Ryan Wilson Order Date Jul 23, 2025
Contact Phone (901) 937-9735
Contact Email [email protected] Order valid if signed by Aug 14, 2025 Customer Information
Customer City of Avalon Contact Matthew Baker Billing Contact Address 410 Avalon Canyon Road Title Finance Director Title City, St, Zip Avalon, CA 90704 Email [email protected] Email Phone 310-510-0220 PO# (If any)
The Services you will receive and the Fees for those Services are ...
Set up Services Tier/Rate Service Fees
ClearGov Setup: Includes activation, onboarding and training for ClearGov solutions Tier 2 $ 27,000.00 Onboarding Discount: WAIVED customer value add 100% $ (27,000.00) Total ClearGov Setup Service Fee - Billed ONE-TIME $ - Subscription Services Tier Service Fees ClearGov Base Platform - Civic Edition lier 2 $ 2,000.00 ClearGov Operational Budgeting - Civic Edition lier 2 $ 12,800.00 ClearGov Personnel Budgeting - Civic Edition lier 2 $ 12,800.00 ClearGov Capital Budgeting - Civic Edition lier 2 $ 12,800.00 ClearGov Digital Budget Book - Civic Edition lier 2 $ 8,800.00 ClearGov Capital Project Tracking - Civic Edition lier 2 $ 8,800.00 Bundle Discount: Base Platform (50%) lier 2 $ (1,000.00) Bundle Discount: Modules (25%) lier 2 $ (14,000.00)
Total ClearGov Subscription Service Fee - Billed ANNUALLY IN ADVANCE $ 43,000.00 ClearGov will provide your Services according to this schedule ...
Period Start Date End Date Description
Setup Aug 15, 2025 Aug 15, 2025 ClearGov Setup Services Pro-Rata Aug 15, 2025 Jun 30, 2026 ClearGov Subscription Services Initial Jul l, 2026 Jun 30, 2029 ClearGov Subscription Services To be clear, you will be billed as follows ...
Billing Date(s) Amount(s) Notes
Aug 15, 2025 $37,625.00 70.5 Month Pro-Rata Subscription Fee Jun 15, 2026 $43,000.00 Annual Subscri pti o n Fee
Addition al subscription yea rs and/or renewa ls w ill be b illed annually in accord ance with pri ci ng and terms set fort h herein.
Billing Terms and Conditions
Valid Until Aug 14, 2025 Pricing set forth herein is valid only if ClearGov Service Order is executed on or before this date.
Payment Net 30 All invoices are due Net 30 days from the date of invoice.
Initial Period 3% per annum During the Initial Service Period, the Annual Subscription Service Fee shall automatically increase by this amount. Rate Increase Rate Increase 6% per annum After the Initial Service Period, the Annual Subscription Service Fee shall automatically increase by this amount.
General Terms & Conditions
Appropriations Customer shall have the option to terminate this ClearGov Service Order in advance of any annual renewal in the event ~at the applicable aoorooriatina bodv does not aoorooriate funds for such uocomina renewal oeriod.
Customer Satisfaction During the first thirty (30) days of the Service, Customer shall have the option to terminate the Service, by providing Guarantee written notice. In the event that Customer exercises this customer satisfaction guarantee option, such termination shall become effective immediately and Customer shall be eligible for a full refund of the applicable Service Fees.
ClearGov and Customer mutually agree to the ClearGov Service activation and onboarding process set forth in the Statement of Work attached Statement of Work. Please note that ClearGov will not activate and/or implement services for any Customer with outstanding balance past due over 90 days for any previous subscription services.
The Service Fees and Billing amounts set forth above in this ClearGov Service Order DO NOT include applicable taxes. In Taxes accordance with the laws of the applicable state, in the event that sales, use or other taxes apply to this transaction, ClearGov shall include such taxes on applicable invoices and Customer is solely responsible for such taxes, unless documentation is provided to ClearGov demonstrating Customer's exemption from such taxes.
Subject to the termination rights and obligations set forth in the ClearGov BCM Service Agreement, this ClearGov Service Order commences upon the Order Date set forth herein and shall continue until the completion of the Service Period(s) Term & Termination for the Service(s) set forth herein. Each Service shall commence upon the Start Date set forth herein and shall continue until the completion of the applicable Service Period. To be clear, Customer shall have the option to Terminate this Service Order on an annual basis by providing notice at least sixty (60) days prior to the end of the then current Annual Term.
After the Initial Period, the Service Period for any ClearGov Annual Subscription Services shall automatically renew for Auto-Renewal successive annual periods ( each an "Annual Term"), unless either Party provides written notice of its desire not to renew at least sixty (60) days prior to the end of the then current Annual Term.
The signature below affirms your commitment to pay for the Service(s) ordered in accordance with the terms set forth in this ClearGov Service Order and also acknowledges that you have read and agree to the terms and conditions set forth in Agreement the attached BCM Service Agreement. This Service Order incorporates by reference the terms of such BCM Service Agreement. In event of any conflict between the terms set forth in this ClearGov Service Order and any terms or conditions set forth in t he ClearGov BCM Service Aareement, the terms of this ClearGov Service Order shall prevail.
Customer ClearGov, Inc.
Signature Signature
Name David Maistros Name Bryan A. Burdick
Title City Manager Title President
Please e-mail signed Service Order to [email protected] or Fax to (774) 759-3045 e (ClearGov internal use only)
Select Order Type for this Service Order NL If XS: Original Service Order Date Statement of Work
This Statement of Work outlines the roles and responsibilities by both ClearGov and Customer required for the activation and onboarding of the ClearGov Service. ClearGov will begin this onboarding process upon execution of this Service Order. All onboarding services and communications wi ll be provided through remote methods - email, phone and web conferencing.
ClearCiov Responsibilities
- ClearGov will activate ClearGov Service subscription(s) as of the applicable Start Date(s). ClearGov will create the initial Admin User account, and the Customer Admin User will be responsible for creating additional User accounts. - ClearGov will assign an Implementation Manager (IM) responsible for managing the activation and onboarding process. ClearGov IM will coordinate with other ClearGov resources, as necessary.
- ClearGov IM will provide a Kickoff Call scheduling link to the Customer's Primary Contact. Customer should schedule Kickoff Call within two weeks after the Service Order has been executed.
- If Customer is subscribing to any products that require data onboarding:
- ClearGov IM will provide a Data Discovery call scheduling link to the Customer's Primary Contact. Customer should schedule Data Discovery Call based on the availability of Customer's staff.
- ClearGov wi ll provide Customer with financial data requirements and instructions, based on the ClearGov Service subscription(s). - ClearGov will review financial data files and confirm that data is complete, or request additional information, if necessary. Once complete financial data files have been received, ClearGov will format the data, upload it to the ClearGov platform and complete an initial mapping of the data. - After initial mapping, ClearGov will schedule a Data Review call with a ClearGov Data Onboarding Consultant (DOC), who will present how the data was mapped, ask for feedback, and address open questions. Depending upon Customer feedback and the complexity of data mapping requests, there may be additional follow-up calls or emails required to complete the data onboarding process. - ClearGov will inform Customer of all training, learning, and support options. ClearGov recommends all User? attend ClearGov Academy training sessions and/or read Support Center articles before using the ClearGov Service to ensure a quick ramp and success. As needed, ClearGov will design and deliver customized remote training and configuration workshops for Admins and one for End Users - via video conference - and these sessions will be recorded for future reference.
- ClearGov will make commercially reasonable efforts to complete the onboarding/activation process in a timely fashion, provided Customer submits financial data files and responds to review and approval requests by ClearGov in a similarly timely fashion . Any delay by Customer in meeting these deliverable requirements may result in a delayed data onboarding process. Any such delay shall not affect or change the Service Period(s) as set forth in the applicable Service Order.
Customer Responsibilities
- Customer's Primary Contact will coordinate the necessary personnel to attend the Kickoff and Data Discovery Calls within two weeks after the Service Order has been executed. If Customer needs to change the date/time of either of these calls, the Primary Contact will notify the ClearGov IM at least one business day in advance.
- If Customer is subscribing to any products that require data onboarding:
- Customer will provide a complete set of requested financial data files (revenue, expense, chart of accounts, etc.) to ClearGov in accordance with the requirements provided by ClearGov.
- Customer's Primary Contact will coordinate the necessary personnel to attend the Data Discovery and Data Review calls. It is recommended that all stakeholders with input on how data should be mapped should attend. Based on these calls and any subsequent internal review, Customer shall provide a detailed list of data mapping requirements and requested changes to data mapping drafts in a timely manner, and Customer will approve the final data mapping, once completed to Customer's satisfaction.
- Customer will complete recommended on-demand training modules in advance of customized training & configuration workshops. - Customer shall be solely responsible for importing and/or inputting applicable text narrative, custom graphics, performance metrics, capital requests, personnel data, and other such information for capital budget, personnel budget, budget books, projects, dashboards, etc. ---------- --- - - ----------
- -- --- --
• c1earGov
This ClearGov BCM Service Agreement (the ''Agreementj is made and entered into by and between ClearGov, Inc. ( "ClearGovj, a Delaware corporation with its principal offices at 2 Mill & Main; Suite 630, Maynard, MA 01754 and Customer(as defined in the applicable ClearGov Service Order) (each a "Party"and collectively the "Parties j . This Agreement governs the terms and conditions under which Customer may utilize the ClearGov Service as set forth herein and as specified in one or more applicable ClearGov Service Order(s) executed by Customer in connection herewith and incorporated herein (the "ClearGov Service Order{s}j. In event of any conflict between the terms set forth in this Agreement and any terms or conditions of any applicable ClearGov Service Order, the terms of the applicable ClearGov Service Order shall prevail.
WHEREAS ClearGov owns and operates the ClearGov Service, a Webbased Saas solution that includes a variety of ClearGov App(s) and provides various features and functionality via such ClearGov App(s); and
WHEREAS Customer wishes to utilize the ClearGov Service in order to convey fiscal budget, key metrics and other information to the public as well as to leverage the functionality of such ClearGov App(s); NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ClearGov and Customer hereby agree as follows:
1) Definitions. Capitalized terms used in this Agreement, and not otherwise defined herein, shall have the following meanings:
1.1) ''Account"means an access point for the ClearGov Service that requires registration by the Customer.
1.2) "ClearGov API"means an application programming
interface that provides access to specified content and functionality within certain ClearGov Apps.
1.3) "C/earGov Apps"means collectively all of the Web
applications hosted by ClearGov and available via the
ClearGov Service, including but not limited to the applications listed in any applicable ClearGov Service Order. All features, functionality, reports, etc. for each ClearGov App are included as material elements of the applicable ClearGov App.
ClearGov may modify, combine, add or delete ClearGov Apps from the ClearGov Service from time to time at its sole discretion. provided that in the event that ClearGov
terminates or deletes any ClearGov App to which Customer is actively subscribing, ClearGov shall provide a pro-rata refund for the applicable portion of the Subscription Service Fee for the remainder of the then current Service Period.
1.4) "ClearGov Data"means any aggregated and normalized key metrics and benchmarking data col lected by ClearGov for the delivery of the ClearGov Service.
1.5) "ClearGov Service"means the complete set of ClearGov software and related materials including but not limited to the ClearGov Apps, ClearGov Data, ClearGov Web Site, the
Documentation and the Software.
1.6) "ClearGov Web Site"means the Web site owned and
operated by ClearGov and made available at the following URL: http://www.ClearGov.com and/or any successor site(s).
1. 7) "Customer PDF" means one or more PDF files of Customer's digital documents created by Customer using the ClearGov Apps.
1.8) "Customer Data"means any data provided to ClearGov by or on behalf of Customer or any data entered or uploaded into the ClearGov Service by or on behalf of Customer,
including Sensitive Data entered or provided by Customer.
ClearGov BCM Service Agreement
Customer Data specifically excludes ClearGov Data as well as any anonymized, customized, modified or derivative works related to the Customer Data.
1.9) "Customer State"means the state, commonwealth or
territory in which the Customer is located.
1.10) "Customer Web Site"means any Web site owned and
operated by Customer.
1.11) "Documentation "means any accompanying proprietary documentation made available to Customer by ClearGov for use with the ClearGov Service, including any documentation available online or otherwise.
1.12) "Sensitive Data: means any Customer Data that may reasonably be deemed sensitive and/or private in nature, including but not limited to personal wage garnishments, individual healthcare-related expenses, data protected by HIPAA, etc.
1.13) "Software" means the source code and/or other code which are material elements of the ClearGov Apps and ClearGov Service.
2) Service Usage & Licenses.
2.1) Account Password and Security. Customer shall protect its passwords and take full responsibility for Customer's own, as well as any third-party, use of the Customer Account(s).
Customer is solely responsible for any and all activities that occur under such Customer Account(s), except for any .
activities performed by ClearGov as set forth herein. Customer agrees to notify ClearGov immediately upon learning of any unauthorized use of a Customer Account or any other breach of security. From time to time, ClearGov's support staff may log in to the Customer Account in order to maintain or
improve service, including providing Customer assistance with technical or billing issues. Customer hereby acknowledges and consents to such access.
2.2) ClearGov License. Subject to the terms and conditions of this Agreement and as specifically set forth in the applicable ClearGov Service Order(s), ClearGov grants Customer a
limited, revocable, non-exclusive, non-transferable, nondistributable, worldwide license to utilize the ClearGov Service for the following functionality :
a) Content Delivery. Customer may integrate, link and
publish applicable public-facing content from the
applicable ClearGov Apps within one or more Customer
Web Site(s);
b) Application Access. Customer may access the ClearGov Apps via Customer's Account to uti lize the functionality provided within such ClearGov Apps; and
c) API Access. Customer may access the ClearGov API to
distribute and display public-facing content from the
ClearGov Apps within one or more Customer Web Site(s).
3) Term and Termination.
3.1) Term. The duration of this Agreement shall be defined in accordance with the Term set forth in all applicable Service Order(s). The Term shall commence upon the Start Date set forth in the first ClearGov Service Order executed between the Parties and shal l continue in full force and effect unti l the termination or expiration of all applicable ClearGov Service Order(s) (the "Term j.
3.2) Termination . This Agreement and/or any applicable ClearGov Service Order may be terminated prior to the expiration of the term as follows:
a) Either Party may terminate this Agreement if the other Party fai ls to cure a material breach of the Agreement within fifteen (15) days after receipt of written notice ClearGov, Inc. Service Agreement ver. 02.02.23 Page 1 of 4 thereof.
b) Either Party may terminate this Agreement if the other Party is involved in insolvency proceedings, receivership, bankruptcy, or assignment for the benefit of creditors.
3.3) Obligations. Upon expiration or termination of this Agreement:
a) Each Party shall promptly return to the other all of the Confidential Information of the other Party in its
possession or control;
b) Customer shall cease use of the ClearGov Service and shall remove all links from the Customer Web Site(s) to any content provided by the ClearGov Apps, provided that Customer may continue to provide access to any
Customer PDF(s). Customer shall be solely responsible for hosting and delivering such Customer PDF(s) as well as
any ongoing costs for doing so; and
c) Any outstanding fees shall become immediately due and payable, and termination of this Agreement shall not
relieve Customer from its obligation to pay to ClearGov any such fees.
3.4) Survival. Sections 3.3. 3.4 and 4 through 8 inclusive shall survive any termination or expiration of this Agreement. 4) Fees and Billing.
4.1) Fees. Customer shall pay the Fees in accordance with the terms set forth in the applicable ClearGov Service Order.
4.2) Interest and Collections. Customer will be charged $50 for payments by checks that are returned due to insufficient funds. Any late payments will accrue interest equal to one and one-half percent (1.5%) per month, or the maximum
amount allowable under law, whichever is less, compounded monthly. ClearGov shall be entitled to recover all reasonable costs of collection (including agency fees, attorneys' fees, inhouse counsel costs, expenses and costs) incurred in attempting to collect payment from Customer.
4.3) Taxes. Customer is solely responsible for all applicable sales, use and other taxes and similar charges based on or arising from this Agreement or any ClearGov Service Order. In the event that Customer is exempt from sales tax, Customer will provide ClearGov with a tax-exempt certificate upon request. 5) Intellectual Property.
5.1) General. Both Parties may only use the other Party's intellectual property as expressly set forth herein. Nothing in this Agreement shall be construed in any manner to affect or modify either Party's ownership rights in any preexisting or future works, trademarks, copyrights or technologies
developed or created by either Party, including without limitation, their respective proprietary software used in connection with the development and provision of their
respective Web sites, databases, systems, products and/or services. Unless specifically agreed by the Parties in writing, all intellectual property, including without limitation information that could become the subject of a patent,
copyright or trade secret, developed by a Party in the context of performing its obligations under this Agreement shall be exclusively owned by that Party and the other Party shall cooperate with any reasonable requests to execute
documents confirming such ownership.
5.2) Data Ownership and License.
a) Customer represents and warrants that it has obtained all data subjects' consent or otherwise has the full legal right necessary to provide the Customer Data to ClearGov for
ClearGov's use as contemplated by this Agreement.
Customer acknowledges that ClearGov shall have no legal liability for its use and/or the display of the Customer Data as contemplated by this Agreement.
b) Customer represents and warrants that Customer shall not provide or enter Sensitive Data to be displayed in any publicly available element of the ClearGov Service. To the extent that Customer enters or uploads any Sensitive Data into the ClearGov Service, Customer shall assume full
responsibility for the disclosure of such Sensitive Data.
ClearGov is under no obligation to review and/or verify whether or not Customer Data includes Sensitive Data.
c) Customer Data shall remain the property of Customer, and Customer hereby grants ClearGov a limited,
perpetual, irrevocable and royalty-free right to use, copy, modify, and display the Customer Data within any
ClearGov App(s) and for the purpose of providing the
ClearGov Service.
5.3) Proprietary Rights Notice. The ClearGov Service and all intellectual property rights in the ClearGov Service are, and shall remain, the property of ClearGov. All rights in and to the ClearGov Service not expressly granted to Customer in this Agreement are hereby expressly reserved and retained by ClearGov without restriction, including, without limitation, ClearGov·s right to sole ownership of the ClearGov API, ClearGov Apps, ClearGov Data, ClearGov Web Site,
Documentation and Software. Without limiting the generality of the foregoing, Customer agrees not to (and to not allow any third party to): (a) sublicense, copy, distribute, rent, lease, lend or use the ClearGov Service outside of the scope of the license granted herein or make the ClearGov Service available to any third party or use the ClearGov Service on a service bureau time sharing basis; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the ClearGov Service or otherwise attempt to discover or reconstruct any source code,
underlying ideas, algorithms, file formats, program interfaces or other trade secrets related to the ClearGov Service; ( c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the ClearGov Service for any purpose without the express written consent of ClearGov; ( d) register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names and other distinctive brand features, copyrights or other proprietary rights associated with
ClearGov other than in the name of ClearGov; or (e) modify, remove, obscure, or alter any notice of copyright, trademark, or other proprietary right or legend appearing in or on any item included with the ClearGov Service. If the use of the ClearGov Service is being purchased by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government's rights in the ClearGov Service, including its rights to use, modify, reproduce, release, perform, display or disclose any elements of the ClearGov Service, will be subject in all respects to the commercial license rights and restrictions provided in this Agreement.
6) Representations, Warranties, I ndemnification and Liability.
6.1) By ClearGov. ClearGov represents and warrants that: (i) the ClearGov Service shall be provided in accordance with, and shall not violate applicable laws, rules or regulations; and (ii) by using the ClearGov Service, Customer will not violate or in any way infringe upon the personal or proprietary rights of any third party, (iii) to ClearGov's knowledge, the ClearGov Service does not contain any virus, worm, Trojan horse, time bomb or similar contaminating or destructive feature; and (iv) ClearGov, Inc. Service Agreement ver. 02.02.23 Page 2 of 4 ClearGov holds all necessary rights to permit the use of the ClearGov Service and all components thereof provided to Customer under this Agreement.
6.2) By Customer. Customer represents and warrants that: (i) it has all right, title, and interest in and to the Customer Data necessary for its use in connection with the ClearGov Service; and (ii) it shall not use the ClearGov Service in a manner or in connection with any activity that would violate this Agreement or any law, rule or regulation or rights of any third party.
6.3) By Both. ClearGov and Customer both represent and warrant that (i) each has full power and authority to enter into and perform its obligations under this Agreement; (ii) this Agreement is a legal, valid and binding obligation, enforceable against each Party in accordance with its terms; and (iii) entering into this Agreement will not knowingly violate the Agreement or any laws, regulations or third-party contracts.
6.4) Indemnification by ClearGov. At ClearGov's cost, ClearGov agrees to indemnify, hold harmless and defend Customer
against any cost, loss or expense (including attorney's fees) resulting from any claims by third parties for loss, damage or injury (each, a "Claimj arising out of or relating to (i) ClearGov's breach of any term, condition, representation or warranty of this Agreement, (ii) ClearGov's violation of any third party rights in connection with the ClearGov Service or (iii) ClearGov's violations of applicable laws, rules or regulations in connection with the ClearGov Service. In such a case, Customer will provide ClearGov with written notice of such Claim. Customer shall cooperate as fully as reasonably required in the defense of any Claim. Customer reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by ClearGov. Notwithstanding the foregoing, unless the
settlement involves no cost, loss or continuing liability to Customer, ClearGov shall not settle any Claim, without the written consent of Customer, such consent not to be
unreasonably withheld.
6.5) Limited Warranty. ClearGov warrants that the ClearGov Service will be delivered in a professional and workmanlike manner substantially in accordance with the statement of work set forth in the applicable ClearGov Service Order and that the ClearGov Service will operate in all material respects as described in its product descriptions and/or documentation.
EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS
AGREEMENT, INCLUDING ANY APPLICABLE CLEARGOV
SERVICE ORDER, CLEARGOV MAKES NO ADDmONAL
WARRANTY, EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE OR NON-INFRINGEMENT,
GUARANTEES, REPRESENTATIONS, PROMISES,
STATEMENTS, ESTIMATES, CONDmONS, OR OTHER
INDUCEMENTS.
6.6) Limitation of Liability. NEITHER CLEARGOV NOR CUSTOMER
WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT,
SPECIAL, PUNmVE, CONSEQUENTIAL (INCLUDING,
WITHOUT LIMITATION, LOST PROFITS), OR INCIDENTAL
DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF
CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY,
OR OTHER TORT, BREACH OF ANY STATUTORY DUTY,
INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF
THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS
PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF
THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING
SENTENCE. BOTH PARTIES' TOTAL CUMULATIVE LIABILITY
TO THE OTHER PARTY FOR ANY LOSS OR DAMAGES
RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS
ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL
NOT EXCEED THE CUMULATIVE FEES PAID BY CUSTOMER
TO CLEARGOV IN THE PRECEDING TWELVE (12) MONTHS.
THE FOREGOING SHALL NOT LIMIT A PARTY'S (A) PAYMENT
OBLIGATIONS UNDER THE AGREEMENT; (B) LIABILITY FOR
INDEMNIFICATION OBLIGATIONS UNDER SECTION 6.4; (C)
LIABILITY FOR ANY BREACH OF ITS CONFIDENTIALITY
OBLIGATIONS UNDER SECTION 7; (D) LIABILITY FOR ANY
BREACH OF ITS REPRESENTATIONS, WARRANTIES, OR
OBLIGATIONS UNDER SECTION 5.2; OR (E) LIABILITY FOR
ITS INFRINGEMENT OR MISAPPROPRIATION OF ANY
PROPRIETARY RIGHTS OF THE OTHER PARTY. NOTHING IN
THIS AGREEMENT SHALL BE CONSTRUED AS EXCLUDING OR
LIMmNG A PARTY'S LIABILITY FOR FRAUD OR ITS
LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM
ITS NEGLIGENCE.
6. 7) Essential Element. The provisions of this Section 6 are an essential element of the benefit of the consideration reflected in this Agreement.
7) Confidentiality.
7.1) Subject to any applicable open public records laws in the Customer State, each Party will keep the specific terms of this Agreement confidential, including the contents of the
schedules and exhibits, and not disclose any portion of them to any third party ( other than to its attorneys, accountants, advisors and potential investors who are bound to keep such information confidential) without the other Party's prior written consent, except as required by law, including but not limited to open public record laws.
7.2) In addition, in connection with the negotiation and performance of this Agreement, a Party (the "Receiving
Party'') may receive information from the other Party (the "Disclosing Partyj which is confidential or proprietary in nature, including without limitation information about a Party's products, systems and services ( "Confidential
Informationj. The Receiving Party agrees that, during the term of this Agreement and for a period of three (3) years thereafter, it will keep the Confidential Information in strictest confidence and protect such Confidential Information by similar security measures as it takes to protect its own Confidential Information of a similar nature, but in no event shall the Receiving Party take less than reasonable care with the Confidential Information of the Disclosing Party. The Receiving Party also agrees that it will not use any
Confidential Information for any purpose other than in
connection with the performance of its obligations under this Agreement.
7.3) The term "Confidential Information' shall not include information which A) is or becomes generally available to the public without breach of this Agreement, B) is in the
possession of the Receiving Party prior to its disclosure by the Disclosing Party, C) becomes available from a third party not in breach of any obligations of confidentiality, D) is
independently developed by the Receiving Party, or E) is required to be disclosed by the Receiving Party pursuant to law, rule, regulation, subpoena or court order, including but not limited to open public record laws.
7.4) The Parties recognize that the disclosure or use of a Disclosing Party's Confidential Information by the Receiving Party in violation of the provisions of this Section 7 may cause irreparable injury to the Disclosing Party; therefore, in the event either Party breaches the provisions of this Section 7, the other Party, in addition to any other remedies it may have, shall be entitled to seek preliminary and permanent ClearGov, Inc. Service Agreement ver. 02.02.23 Page 3 of 4 injunctive relief without the necessity of posting a bond. 8) Miscellaneous.
8.1) General. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be
reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to implement the
intent of the Parties, and the remainder of this Agreement shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. The relationship between ClearGov and Customer is one of independent
contractors, not partnership, joint venture or agency. This Agreement shall be binding upon and inure to the benefit of the respective successors and permitted assigns of the Parties hereto. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer
Information Transactions Act shall not apply to this
Agreement. The Software is controlled by U.S. Export
Regulations, and it may not be exported to or used by
embargoed countries or individuals.
8.2) Entire Agreement. This Agreement and the accompanying ClearGov Service Order(s), together, constitute a valid and binding agreement between the Parties and are intended to be the Parties' complete, integrated expression of the terms of their agreement with respect to the ClearGov Service, and any prior agreements or understandings with respect to such subject matter are superseded hereby and fully merged
herein.
8.3) Assignment. Neither Party will assign this Agreement in whole or in part to any third party without the prior written consent of the other Party; provided, however, either Party may assign this Agreement without such consent to any subsidiary or parent company of such Party or to any successor by way of any merger, consolidation or other corporate
reorganization of such Party or sale of all or substantially all of the assets of such Party or to an entity that assumes, by sale, license or otherwise, the business activities that are the subject of this Agreement, provided that such subsidiary or parent company or successor assumes or is otherwise fully bound by all of the obligations of the assigning Party under this Agreement.
8.4) Marketing Materials. Customer agrees that ClearGov may utilize Customer's name solely to identify it as a ClearGov Customer on the ClearGov Web site, in client lists and other marketing materials. Any other uses of Customer's name
and/or logo (other than as included in the content and/or other items furnished to ClearGov by Customer) shall require Customer's prior written consent.
8.5) Insurance. ClearGov shall maintain commercial general liability insurance, cybersecurity insurance, product liability insurance and auto liability insurance in amounts that are consistent with industry standards. ClearGov shall maintain Worker's Compensation insurance as required by law.
8.6) No Boycott of Israel. ClearGov hereby certifies that ClearGov is not currently engaged in and shall not, for the duration of the Term of this Agreement, engage in a boycott of goods or services from the State of Israel; companies doing business in or with the State of Israel or authorized by, licensed by or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel.
8.7) Jurisdiction. This Agreement shall be governed by the applicable laws in the Customer State, without regard to conflict of laws rules. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach,
termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined exclusively by arbitration in the Customer State before a panel of three arbitrators. Such arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and
Procedures. Judgment on an award, if any, may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The Parties
acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1- 16).
8.8) Force Majeure. If the performance of this Agreement or any obligations hereunder is prevented or interfered with by reason of fire or other casualty or accident, strikes or labor disputes, war or other violence, any law, proclamation, regulation, or requirement of any government agency, or any other act or condition beyond the reasonable control of a Party hereto, that Party upon giving prompt notice to the other Party shall be excused from such performance during such occurrence.
8.9) Notices. All notices, requests, or other communications between the Parties that are required or permitted hereunder will be in writing and will be given by: (a) delivery in person or by prepaid courier service with a nationally recognized courier company, (b) delivery by registered or certified mail, postage prepaid, return receipt requested, (c) by confirmed fax, or (d) email to the address and/or fax number set forth in the applicable ClearGov Service Order. A Party may change the street or email address or fax number to which notice is to be sent by giving written notice of such change. Notices will be deemed given when received as evidenced by
verification from the courier company, the mail or
confirmation of email receipt or fax confirmation.
8.10) Titles & Subtitles. The titles and subtitles in this Agreement are used for convenience only and are not to be considered in construing it.
ClearGov, Inc. Service Agreement ver. 02.02.23 Page 4 of 4 MEETING DATE:
ORIGINATING DEP:
PREPARED BY:
SUBJECT:
CITY OF AVALON CITY COUNCIL
August 5, 2025
Public Works
AGENDA ITEM:
CITY MANAGER:
Jamie Hmielak, Maintenance Superintendent
Maintenance Yard Security Gate Replacement.
5 ----
RECOMMENDED ACTION($): Authorize the City Manager, or designee, to execute an agreement for procurement and installation of a new Maintenance Yard security gate from 1st Class Access Control for a not-to-exceed sum of $35,000, as budgeted the Annual Building Facilities GIP budget, Project #205007 , Fund #10550-6687.
REPORT SUMMARY: The current security gate system at the City Maintenance Yard has been in place for more than 22 years and has reached the end of its reliable service life. In recent years, staff have experienced frequent operational failures, required ongoing maintenance, and caused unnecessary downtime. Due to the sensitive nature of equipment, vehicles, and materials stored at the yard, a dependable and modern gate system is essential for securing City assets and ensuring staff safety.
Per the City of Avalon's Procurement Policy, Public Works solicited three competitive quotes.
The following quotes were received from qualified vendors:
Com~an:i Location Quote
1st Class Access Control Simi Valley , CA $29,445
Automated Gate Services Corona, CA $43,153
Controlled Entrances Valley Center, CA $89,669
All three proposals addressed the City's needs, including furnishing and installing a new motorized main gate, installation of a new pedestrian gate access, and integration of a modern gate operator system. While the proposal from Controlled Entrances was comprehensive, it significantly exceeded the cost of the other two bids.
After evaluating all three proposals, City staff recommends that the City Council authorize the City Manager to execute an agreement with 1st Class Access Control, the lowest responsive bidder. The quote provided by 1st Class Access Control includes all necessary components and installation, and they have demonstrated experience in similar municipal and commercial security gate projects. This procurement process fulfills the informal bid competitive process specified in the Avalon Municipal Code Section 3-4.106(a). 65059.00000144025786. I
FISCAL IMPACTS: Total expenditure is not-to-exceed $35,000 from FY25-26 Building Facilities CIP budget 10550-6687 (205007).
GOAL ALIGNMl;NT: Security of City property.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Deferring the replacement of the Maintenance Yard security gate will continue to incur operational disruptions and security concerns.
FOLLOW UP ACTION: None.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
1. Quote from 1st Class Access Control
2. Quote from Automated Gate Services
3. Quote from Controlled Entrances
65059 00000\44025 786.1
------------- - --------- --- - -- ----·----
Estimate
1st Class Access Control
65 W. Easy St. Unit 104
Simi Valley CA 93065
Date Estimate #
6/4/2025 9423
Name I Address Ship To
City of Avalon
Dept o f Publ ic Works
Price quoted is Cash or Check payment onl y. P.O. No . Project ESTIMATES ARE GOOD FOR 30 DAYS FROM DATE
Description Qty Cost Total
BUDGET Estimate fo r new slide gate, operator and pedestri an gate for publi c works yard. trave l costs: fe rry costs, transportation for trail er to and from harbor, parking lees I 2,200.00 2,200.00 Empl oyee per di em 3 empl oyees - 2 days, $75 per day.
Overnight barge shipp ing o f trail er and hotel costs will be covered by City of Ava lon Public Works directly and are not in cluded in this pri ce.
We wi ll remove, cut down and haul away existing gate. We will provide & install one plain design standard sli de I 17.800 00 17.800.00 gate across 30' opening at net 7 foot height. Gate will be constructed of 2"x3"x 1/8" steel bottom rai l with 2"x2"x 1/8" steel side and top frame , with 1 "x 1 "x 16ga pi ckets spaced 6" on center. The gates will in clude 2 surface mounted 6" wheel boxes, 6" sol id steel Y-wheels,2 new guide roll ers for existing post, and Y-track for proper operation. Customer will be responsibl e fo r provid ing concrete foo tings for Y-track. Track will be 2" nat bar with I l/4"x 3/ 16" angle we lded lo it with "L" bent rebar underneath to set into cement foo ting. The ga te wi ll include per code# 16- 1 /2" expanded mesh. Once built we will have the gate applied with a Metalliz ing's Galvani c Protection as an add itional barrier against rusting. Gates will be primed and painted black .
For transportation to the island the gale will be built in sections and then assembl ed on th e island prior to install .
We will transport trai ler down lo port for barge transfer 3 days prior to empl oyees trave ling to the island . Once work is completed we wi ll pick the tra il er up and transport back to the shop.
We will provi de and install one 7' high 36" wide simple designed pedestri an gate on the right side of new ga te. I 3.950.00 3,950.00 The le fi post of the pedestri an gate wi ll also be the catch post fo r the vehi cle gate. The gate will be hung on greasable barrel hinges inside a frame with a header al 7' clear with legs on both sides core drill ed and set in concrete. Gate wi ll be constructed of2" 11 ga steel frame, I" pickets spaced 6" on center. Gate will be meshed with perfo rated sheet metal. Gate will be hung on heavy duty butt hinges on 2"x2"x 1/8" posts. We will provide and install an storeroom grade I lever set with free exit. We wi ll provide a leve r guard protector to prevent inside lever being opened from outside the gate. Once built we will have the gate applied with a Metall izing's Galvani c Protection as an additional barrier aga inst rusting. Gate and panels to be painted black.
A minimum deposit of 10%, not to exceed $1000, is required upon signing of Total contract. 805-955-9230 I 805-955-9224 fax Customer Signature
service@ !stclassaccesscontrol.com
Acceptance of Estimate: The above prices, specifications and conditions are satisfactory and are hereby accepted. By signing this estimate, you are authorizing the work to be performed as specified. FULL PAYMENT IS REQUIRED UPON SATISFACTORY COMPLETION OF TH E ABOVE.
I
1st Class Access Control
65 W. Easy St. Unit 104
Simi Valley CA 93065
Name I Address
City of Aval on
Dept of Public Works
Price quoted is Cash or Check payment only.
ESTIMATES ARE GOOD FOR 30 DAYS FROM DATE
Description
Ship To
P .O. No.
We wi ll provide and install one new Liftmaster CSL24UL gate operator for existing slide gate. The Litlmaster CSL24U is a 24-VDC high-tratlic commercial slide gate operator that utili zes a 24-VDC continuous-duty motor with an elegant slow-stop & slow-start feature . It includes a battery backup fea ture, whi ch wi ll either open the ga te in the event ofa power failure or allow the gate to fun ction a short time without power. 1t has a soli d state control board with a two-way electronic reversing device (ERD). This device will reverse the gate should it hit an obstruction when closing. and it wi ll stop the gate if it hits something when opening. It also fea tures a manual disconnect. When turned off, it all ows the gate to be operated manual ly. Warranty is 5 years for commercial applications. Price includes (2) new LMRRUL Monitored Retro-Re fle ctive Photoeye's, one for the close direction and one for the open direction . These ph otoeye's are required per UL325 sa fety regulations.
Vehicl e Detector Plug-In Single Channel,S ingle Output. Plug-in compatible with LiftMaster® Operators, 4 Selectabl e Sensitivities, 4 Selectable Frequencies. Wrong Voltage Protection, Separate Power/Fault and Detect Indicators Automatic Sensitivity Boost. Power Supply Requirement IO to 24 Volts One Year Warranty: A one-year parts and labor warranty is included on all equipment, materi al, and workmanship that has been provided & install ed by I st Class Access Control. This warranty is limited lo items provided in the proposal and does not cover damage caused by abuse, neglect, misuse, tampering, vandalism or any other reason not controlled by I st Class Access Comrol. Please check manufac turer's brochure for any extended part warranty th at may be off ered by individual manufacturers. I st Class Access Control will honor any extended parts warranty offered by one of ou r product manu facturers and will onl y charge for labor a fter the warranty period has expired. Warranty repairs are only done during regul ar busi ness hours and are not covered under emergency time.
Estimate
Date Estimate#
6/4/2025 9423
Project
Qty Cost Total
I 4.895.00 4,895 .00
3 200.00 600.00
A minimum deposit of 10%, not to exceed $1000, is required upon signing of Total contract. $29,445.00 805-955-9230 I 805-955-9224 fax Customer Signature
service@ !stclassaccesscontrol.com
Acceptance of Estimate: The above prices, specifications and conditions are satisfactory and are hereby accepted. By signing this estimate, you are authorizing the work to be performed as specified. FULL PAYMENT IS REQUIRED UPON SATISFACTORY COMPLETION OF THE ABOVE.
L
..__......__,
j,\C:C
PROJECT QUOTE
- •'-IJ '-./
AUTOMATED GATE SERVICES, INC.
ISSUED TO
City of Avalon
Jamie Hmielak
1 Falls Canyon Rd
Avalon, CA, 90704
REFERENCE
ESTIMATE DESCRIPTION
AGS to Furnish and Install the following :
Location: City of Avalon - Maintenance Yard Vehicle and Pedestrian Gate Concrete Work
1 - Trench and backfill with concrete across opening - 21' 3 - Concrete footings for Heavy Duty gate posts
New Gates
Quote Nbr:
Quote Date:
Valid Until:
Sales Person:
PROJECT ADDRESS
Primary Location
1 Falls Canyon Rd
Avalon, CA, 90704
1 - Fabricate and Install 24' x 6'6" wrought iron slide gate with vertically applied tubular pickets, metalized and powder coated in black 1 - Fabricate and Install 4' x 6'6" wrought iron pedestrian gate with vertically applied tubular pickets, metalized and powder coated in black (Includes lever set, closing hinges, panic hardware and perforated metal to prevent opening of gate) 4 - Fabricate and Install heavy duty structural posts with integrated footing metalized and powder coated black •concrete, 2"sq. frame , 3/4" sq. pickets, 3" sq. posts (vehicle gate), 3" sq . posts (pedestrian gate) Gate Automation
1 - Provide and Install Maximum Controls MAX 2200 Pro - 24VDC, Commercial Slide Gate Operator with battery back-up 1 - Conversion transition from 208V to 120V
1 - Provide and Install Radio Receiver
1 - Provide and Install Monitored UL325 Photo Eye
1 - Provide and Install Monitored Reversing Edge (2) with wireless Kit for UL compliance 1 - BEA LZR H100 with housing (Virtual Loops)
1 - Provide and Install Fire Department Knoxbox
1 - Provide and Install Keypad (KPW5, Wireless 5 code maximum) 1 - Connect power, safety devices, access controls and wireless keypad 1 - Test for proper operation
Note: Proposal includes Prevailing Wages
•• Specify number of remotes - $26.50/each
Cost is based on site unseen. Price may change dependent on site-walk and location of pedestrian gate.
Exclusions:
Per Diem
Freight
Truck Freight
Permits/Fees
PLA/Bonds/Fees
Electrical from source to gate
James Comfort
(714) 302-5214
[email protected]
Continued ...
032827
7/28/2025
8/27/2025
James Comfort
Signature: Quote Total (USO)
Included Discount
Tax Total (USO)
Total (USO)
43,152.63
0.00 0.00
43,152.63
Contactors License#: WGES - CSLB# 1026021 - AGS & A&D- CSLB# 429416 - RGM Arizona - ROC 336319 - RGM Oregon- CSLB# 255130 - RGM Washington - CSLB# 604662765
AUTOMATEDGATE SERVICES, INC. &
WESTCOAST GATE & ENTRY SYSTEMS, LLC.
TERMS AND CONDITIONS.
1. ACCEPTANCE. The terms and conditions contained herein constitute the terms and conditions upon which Automated Gate Services, Inc., Westcoast Gate & Entry, LLC, and RG Maintenance (collectively, the "Seller") shall supply and install automated gate products and services to the buyer ("Buyer"). Buyer accepts these terms and conditions ("Terms" or "Contract") by: (a) executing a separate proposal with Seller, (b) delivering a purchase order for goods and/or services with quantities and delivery dates acceptable to Seller; (c) accepting delivery of the products and/or commencement of the services; or (d) paying the price for the goods and/or services, whether or not prior to delivery or commencement, as agreed to by the parties and/or set forth in the purchase order, quote or invoice, whichever of those four acceptance methods comes first. Any counteroffer or proposed addition to or supplement of, or any material variance from, the material terms and conditions of this Contract, whether oral or written, are hereby expressly objected to, and rejected.
2. ORDERS, SPECIFICATIONS, AND RIGHT TO SUBSTITUTE. All goods are offered for sale subject to availability and subject to Seller's acceptance of the order. Seller reserves the right to reject any order for goods or services without the obligation to assign any reason for so doing. No order shall be deemed accepted by Seller unless and until Seller confirms the order in an order confirmation. Seller reserves the right to substitute parts and equipment that Seller considers to be "or equal" in quality and effect unless specifically stated "no substitutions."
3. PRICING. All rates and prices for goods and services specified shall be valid for thirty (30) days unless otherwise stated in writing by Seller, and are exclusive of any present or future federal, state, local, or other taxes, transportation, or insurance charges, as well as any prevailing wages to the extent applicable. Any applicable taxes shall be added to the invoice and paid by Buyer unless Buyer provides Seller with a valid exemption certificate acceptable to Seller and the appropriate taxing authorities. Any and all bond costs are not included in the pricing; Seller's rate is three percent (3%).
Unless otherwise advised by Seller, orders calling for future delivery shall be billed at prices in effect at the time the order is placed. Unless otherwise stated, different products on an order may not be combined to obtain quantity pricing.
The quoted price ("Quote Price") is in U.S. Dollars, is offered for acceptance within three (3) days from the date set forth on the Quote, and is subject to the following conditions:
1. The Quote Price may be increased without notice by Company an amount equal to any tax Company may be required to collect or pay on the sale;
2. The Quote Price may be increased as a result of Buyer's requested changes in the goods or services or changes in the production schedule; and
3. Due to the current volatility in material supply and costs, the Quote Price is subject to change without notice, even after the acceptance of this Quote by Buyer. Verification of the Quote Price by Buyer is required before Buyer places an order.
Due to increased volatility in raw and finished material markets, Buyer will be responsible for additional charges related to cost increases due to any delays in procurement, including delays due to project timeline changes, submittal approval, design and re-design, site readiness, or any other factors outside the control of WCG/AGS.
4. TERMS OF PAYMENT. All orders are subject to approval by Seller, and Seller may require that Buyers make partial or full payments in advance of shipment or on delivery. Unless otherwise expressly stated on the face hereof, terms of payment are cash in United States dollars and are due and payable to Seller in full within thirty (30) days after the date of invoice. Buyer agrees to pay interest on all accounts outstanding for more than thirty (30) days at the maximum rate permitted by California law. In the event of any default by Buyer, Buyer agrees to pay reasonable expenses of Seller including, without limitation, reasonable attorneys' fees incurred by Seller for collection of any indebtedness created hereby. Only Seller's repair services-and not Seller's installation services or products-are permitted to be paid by Buyer with a credit card. Seller reserves the right to amend its credit card policy at any time. For any such payment by credit card, a convenience fee will apply to each credit card transaction over $1,500.00.
A fee of up to $50.00 will be charged to Buyer each time a check, an automatic deduction from an account with a designated financial institution, or some other form of electronic payment used by Buyer is returned unpaid for insufficient funds.
5. DEPOSIT FEES. A deposit is due upon the acceptance of the quote.
Residential : 10% down, 50% due when materials are delivered to the job site, balance due upon completion.
Commercial: 50% down, balance on completion or zero down, balance on completion on approved credit.
6. EXCLUSIONS. Unless specifically stated in this Contract, the goods and/or services of this Contract do not include any of the following or the costs thereof: (a) building permits and fees, testing, engineering, and surveying; (b) clearing , grubbing, grading, removal of soils, shrubs and plants; (c) removal of existing equipment, fences and gates; and (d) site plans or shop drawings. Assistance with municipality reviews, plans, and permits will be made available upon request, at Buyer's additional expense. Additionally, Seller is not responsible for any underground utilities, sprinkler lines, or other unforeseen conditions. Identification, removal, or relocation of underground utilities, irrigation lines, or obstructions may be required from third parties, prior to Seller's mobilization of services. Telephone, communication, electrical power, control wiring , and conduit, including trenching and backfilling, to and between equipment, may also be required of third parties prior to Seller's mobilization of services, unless otherwise specifically stated in writing by Seller. To the extent necessary, any required closures of roadway(s) to other traffic, or any other access points of ingress or egress, shall be arranged with third parties during construction. Any proposal from Seller is subject to a site inspection by Seller and is subject to change at Seller's sole and absolute discretion as a result of any inspection findings.
7. WARRANTY OF AUTHORITY. Buyer warrants and represents to the Seller that they are the owner and/or legal possessor of the premises to which Seller's equipment and/or services shall be furnished or bestowed and that Buyer is authorized to order the service or equipment herein, and agrees to hold Seller harmless from any loss or liability from any action or claim by third persons relating to such premises as affects Seller's equipment or services thereon or to the ordering of Seller's services or equipment.
8. PROPERTY CONDITIONS. Buyer is responsible for promptly and completely establishing, clearing , and properly staking or otherwise defining all property lines. Buyer is also responsible for compliance with all applicable laws, building codes, and community rules and regulations.
9. ADDITIONAL WORK. Additional wiring or conduit work may be required and if so, shall be at Buyer's additional cost. Seller cannot guarantee that existing electrical panels, circuits, wiring , breakers, relays, and the like have sufficient capacity or size to handle the additional work required to upgrade existing electrical service. Buyer wil l be advised and will be required to authorize (or provide) any changes before Seller's work is completed.
10. REPAIRS. If this Contract includes repairs, Seller will return all identified items to proper working order and replace defective parts as needed to effect repairs subject to the Limited Warranty outlined herein. Replacement parts may be new, used, reconditioned, or remanufactured.
11. FORCE MAJEURE. Seller shall not be liable for any loss, damage, delays, changes in shipment schedules, or failure to deliver caused by accident, fire, strike, riot, civil commotion, insurrection, war, the elements, embargo, failure of the carrier, inability to obtain transportation facilities, government requirements, acts of God or public enemy, prior orders from others or limitations on Seller's or its suppliers' products or marketing activities, any interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services, or any other cause or contingency beyond Seller's control.
12. PROGRAMMING AND SOFTWARE. Where required by the equipment, Seller will demonstrate how to program and/or provide input regarding Seller's software, user identifications, codes, changes, and the like. Seller is not responsible to set up, program, or maintain Buyer's personal or other gate-related system(s) for all users (i.e., gate-related software or systems for all users' cell phones, computers, and/or other additional software or systems).
13. SAFETY EQUIPMENT UPGRADING. Seller shall not be responsible for the failure of Buyer to upgrade its gate, gate system, gate protocols, or gate maintenance to meet current safety standards. Because of the danger from motorized gates, Buyer should be aware of (a) all safety equipment which is on-site and (b) all safety equipment which may be available. Some newer electric gate systems have certain built-in safety features, but older systems do not. It may be in the best interest of Buyer to upgrade its system with all of the safety options mentioned below, and others which may be identified by its liability insurance carrier. Seller recommends that Buyer has included extensive safety options in Buyer's gate system, such as the following: (a) safety loops to detect vehicles in the vicinity of the gates; (b) expanded metal mesh to limit children from "riding on" or "reaching through" the gates; (c) photoelectric eyes to detect pedestrians in the vicinity of the gate; {d) gate safety edge sensors and transmitters to detect gate edge impacts and impacts on the supporting gate frameworks; (e) alarm lights, audible warnings, and reflective warning tape; and (f) safety warning signs.
WARNING
ELECTRIC-OPERATED GATES ARE EXTREMELY DANGEROUS. THEY CAN CAUSE SERIOUS INJURY OR DEATH IF NOT OPERATED CORRECTLY AND SAFELY. THEY SHOULD NEVER BE OPERATED BY CHILDREN OR WHEN CHILDREN ARE NEAR THE GATES, AND THEY SHOULD NEVER BE OPERATED WITHOUT ALL THE SAFETY DEVICES IN PLACE AND OPERATING. ELECTRIC GATES SHOULD NEVER BE OPENED OR CLOSED WITHOUT A CLEAR AND UNOBSTRUCTED VIEW OF THE GATE AND THE SURROUNDING AREA.
14. NO SAFETY GUARANTEE IS PROVIDED BY SELLER. To the maximum extent permitted by applicable law, Seller shall not be responsible for any damage to vehicles or property, or injury or death to persons resulting from failed , faulty, removed (including equipment removed by Seller for repair), or inoperative equipment, including safety equipment. Seller shall not be responsible for anticipating, advising, or correcting all the possible ways an individual, adult, or child can circumvent safety equipment or for safety equipment that has not been installed or purchased by Buyer, its customers, owners, operators, or tenants.
15. LIMITED WARRANTY. All statements, technical information , and recommendations concerning third-party products sold or samples provided by Seller are based upon information provided by the manufacturer of such products and do not constitute a Seller guarantee or warranty. Seller makes no representations, warranties, covenants, or guarantees of any kind , express or implied, as to the quality, suitability, accuracy, or completeness of any information, content, service, or merchandise provided through Seller's website or marketing materials. All products are sold with the understanding that Buyer has independently determined the suitability of such products for its purposes. Seller's repair services are warranted to be free from defects in workmanship and material for a period of ninety (90) days from the date of repair. Commencing from the date of purchase, new equipment installations by Seller are warranted for a period of one (1) year. Additionally, new equipment exclusively fabricated by Seller shall be warranted for a period of one (1) year to be free from defects in workmanship. Should any failure to conform to this warranty appear within the warranty period, Seller shall, upon notification thereof and substantiation that the product was maintained in accordance with Seller's standards, correct such defects, at no additional charge, provided , however, if Seller determines that a repair or replacement is not commercially practical , Seller shall issue a credit in favor of Buyer in an amount not to exceed the Buyer's purchase price of the product. This limited warranty is further subject to the condition that Buyer notifies Seller of any evident defects in material or workmanship immediately after it is known that an issue or problem exists within a reasonable time frame. Seller shall have no liability with respect to any recommendations or instructions as to handling, use, or disposal of any goods, including its use alone or in combination with other products, or as to any apparatus or process for the use of any of Seller's goods. Warranty work outlined in this section shall only be performed during normal business hours. ,Equipment manufacturers offer their own warranty on new equipment sold or installed by Seller. Any such manufacturer's warranty will be passed on to Buyer and generally apply when the equipment or parts are returned to the manufacturer for repair.
The labor used to remove and re-install the equipment may not be covered, and if Seller provides this labor, there may be a charge to Buyer.
Consumable items, including without limitation, batteries, roller guides, and gate wheels are also not covered by Seller's Limited Warranty.
Seller's Warranty does not apply to the conditions listed below, and in the event, the Buyer calls Seller for service under the Warranty, and upon inspection by Seller's representative it is found that one of these conditions has led to the inoperability or apparent failure of the system, a charge will be made for the service call by the Seller's representative regardless of whether or not they actually work on the system. Should it be necessary to make repairs to the system due to one of the conditions not covered by the Warranty, a charge will be made for such work at Seller's then applicable rates of labor and material.
Conditions not Covered by Warranty:
(1) Damage resulting from accidents, acts of God, alteration, rodents, water, vandalism, misuse, tampering, abuse, lack of maintenance, unauthorized modification, or service by others.
(2) Failure of Buyer to properly follow operating instructions provided by the Seller at the time of installation; or to properly instruct its patrons, invitees, guests, licensees, and/or tenants of proper operating instructions, or Buyer's actual or suffering of removal of Seller's caution or other warning signs furnished by the Seller.
DISCLAIMER
THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL SELLER BE
LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES AND THE FOREGOING LIMITED WARRANTY SHALL BE BUYER'S SOLE REMEDY FOR ANY BREACH OF WARRANTY. BUYER, IN FURNISHING SPECIFICATIONS TO SELLER, AGREES TO HOLD
SELLER HARMLESS AGAINST ANY CLAIMS BY WAY OF INFRINGEMENT OR THE LIKE WHICH ARISE OUT OF COMPLIANCE WITH THE SPECIFICATIONS.
16. LIMITATION OF LIABILITY. The remedies of Buyer set forth above under "Limited Warranty" are the sole and exclusive remedies of Buyer relating to the products and services purchased from Seller hereunder. The total liability of Seller with respect to any contract, or anything done in connection therewith such as the performance or breach hereof, or from the manufacture, sale, delivery, resale, installation, or use of any products, whether arising out of contract, negligence, strict tort, or under any warranty, or otherwise shall not exceed the purchase price of the services or products upon which liability is based. Buyer shall indemnify Seller against any and all losses , damages, and expenses including attorneys' fees and other costs that Seller may sustain in defending any action based upon any claim of negligence, breach of implied warranty, or similar claim arising directly or indirectly from the act, omission , or negligence of Buyer in connection with or arising out of the use, operation, replacement, or repair of any product described hereunder and sold by Seller to Buyer. There is no guarantee as to when equipment repaired by Seller wi ll return to a fully operational condition. Seller shall not be liable for any liability, breach of security, loss, or damage resulting from malfunctioning equipment or from equipment that has been removed for repair, and Buyer shall at all times be responsible for securing the gate(s) and premises and protecting against any loss or injury that may result from removed or otherwise absent equipment or parts. Buyer is responsible for ensuring that all track-guided and swing gates are free of obstructions, debris, and damage that will interfere with the gate operation.
The damages to Seller arising from or relating to the products and services or a subcontractor's work or in connection with this Contract shall be limited as specified in this section , regardless of whether any such liability may be based on statute, contract, guarantee, warranty, professional liability. fault, negligence (in whole or in part), strict liability or otherwise. Buyer hereby releases Seller from any liability in excess of the amounts respectively specified. The Seller shall not be responsible to the Buyer for the obligations, services, functions performed, acts, or defaults of any subcontractors or of such subcontractors' officers, agents, and employees, each of whom shall for this purpose be deemed the agent or employee of the subcontractor to the extent of its subcontract.
17. INDEMNIFICATION . Buyer agrees to indemnify and hold Seller harmless from any and all claims, demands, actions, and proceedings related to Seller's performance of services hereunder, except to the extent caused by Seller's gross negligence or willful misconduct.
18. RIGHT TO CANCEL. To the extent Buyer is a residential customer covered under the Home Solicitation Sales Act of California, Buyer has the right to cancel any proposal within three (3) business days. Buyer may cancel by mailing, e-mailing, faxing, or delivering a written notice to Seller at Seller's place of business by midnight of the third business day after Buyer received a signed and dated copy of the contract that includes this notice. In such instance, Buyer shall include Buyer's name, address, and the date Buyer received the signed copy of the contract and this notice. If Buyer cancels this contract, Seller must return to Buyer anything Buyer paid within ten (10) days of receiving the notice of cancellation. Buyer must make available to Seller at Buyer's residence, in substantially as good condition as Buyer received it, any goods delivered to Buyer under this contract or sale.
Alternatively, Buyer may, at Buyer's discretion, comply with Seller's instructions on how to return the goods at Seller's expense and risk. If Buyer makes the goods available to Seller and Seller does not pick them up within twenty (20) days of the date of Buyer's notice of cancellation, Buyer may keep them without any further obligation. If Buyer fails to make the goods available to Seller, or if Buyer agrees to return the goods available to Seller and fails to do so, then Buyer remains liable for the performance of all obligations under this contract.
19. CANCELLATION FEES. If Buyer cancels this Contract, such cancellation is subject to a charge on the particular service and/or equipment cancellation. The Buyer will be charged a reasonable amount to cover expenses the Seller incurred regarding this Contract and its cancellation for labor, materials, overhead, general and administrative costs, restocking fees, surcharges levied on material by outside suppliers, sub-vendor cancellation charges, excess inventory charges, and/or value of storage space. If a cancellation occurs after the technician has arrived , and/or started their journey to the location, Buyer is subject to a charge equal to the base service charge fee.
20. RIGHT TO SUBCONTRACT. Seller shall have the right to use subcontract services to assist in fulfilling the terms of this contract.
21. ARBITRATION. Each of the parties hereto irrevocably and unconditionally consents to and agrees that any and all disputes or controversies arising under, out of, in connection with, or in relation to this Contract (except for injunctive or other provisional or emergency relief that may be required in good faith by either party) (each, a "Dispute"), shall be resolved exclusively by binding arbitration, in the County of Los Angeles, State of California, using an arbitrator mutually selected by the parties from any source including, but not limited to, ARC, JAMS, or other similar ADR organization, provided that such source has specific rules governing the resolution of disputes related to the construction industry and that such rules will govern the resolution of the Dispute. If the parties cannot agree on an arbitrator within thirty (30) days of a party's written notice to the other of its desire to arbitrate such Dispute, then an arbitrator shall be selected by ARC, JAMS, or other similar organization as provided for herein, using that organization's procedures for such selection. The arbitrator shall not have the power to make errors of law. The costs of any arbitration shall be shared equally between the parties and each party shall pay its own attorneys fees and costs, provided that the arbitrator may award the prevailing party its reasonable attorneys fees and costs.
22. GOVERNING LAW. This Contract shall be governed by the laws of the State of California, without giving regard to its connict of laws principles. Any action to enforce or interpret the terms of this Contract shall be brought exclusively in a court of competent jurisdiction in the County of Los Angeles, State of California.
23. ASSIGNMENT. This Contract shall bind the respective successors and assigns of the parties, but none of Buyer's rights or obligations may be assigned without Seller's prior written consent, except to its subsidiary or an affiliated corporation, provided that such assignment shall not relieve the assignor of its obligations. Any such assignment without Seller's written consent shall be void. Seller may subcontract any of its obligations hereunder.
The Limited Warranty from Seller under this Contract is for the benefit of the initial purchaser only.
24. UNALTERABLE TERMS. Acceptance by Buyer is expressly limited to all terms and conditions stated in this Contract as printed herein and Buyer shall not add or vary these terms and conditions without Seller's express written authorization.
25. EXECUTIVE OFFICER APPROVAL. This Contract is not binding unless approved in writing by an authorized representative of Seller. In the event of failure of approval, as aforesaid, the only liability of Seller shall be to return to the Buyer the amount, if any, paid to the Seller upon the signing of this Contract.
26. SEVERABILITY. If any provision of this Contract is determined to be illegal, void, or unenforceable for any reason, the same shall be severed from this Contract and the remainder of this Agreement shall be given full force and effect. Such voidability or enforceability shall not affect the other provisions of this Contract.
27. ENTIRE CONTRACT. It is mutually understood and agreed that any representation, promise, condition, inducement, or warranty, express or implied, not included in this Contract shall not be binding upon any part.
28. MISCELLANEOUS. Each paragraph and provision hereof is severable, and if any provision is held invalid or unenforceable, the remainder shall nevertheless remain in full force and effect. This Contract and any other Contract or document entered into by the parties which incorporate these Terms by reference, constitute the final, complete, exclusive, and entire Contract between the parties and supersede all prior or contemporaneous agreements, written or oral, regarding the subject matter of this Contract. The failure of Seller to enforce at any time any of the provisions of this Contract, shall not be construed to be a waiver of such provisions nor the right of Seller to enforce such provisions in the future. The parties may by mutual agreement modify this Contract only in writing , with the changes initialed and signed by both parties. • Office 760-749-1212
• 27525 Valley Center Rd. Ste. A
Valley Center, CA 92082
• [email protected]
• CA License# 1103875
• DIR# PW-LR-1001031463
Pro osal Date: 7/ 15/2025
Proposal Submitted to: Work To Be Performed at:
City of Avalon Maintenance yard
410 Avalon Canyon Road, Avenue
Avalon, CA 90704
Attention: Jamie Hmielak Onsite Contact:
Tele hone: 310-510-0220 Ex t: 123 Fax: Tele hone: Job Fax:
Email: [email protected] Email: Proposal provided by: Jake Purpose: Fabricate a new automated sliding gate with matching pedestrian gate.
Gates:
Fabricate and install a new pedestrian gate and sliding vehic le gate to tit the width of the driveway (2 1' wide x 6'-6" tall). Construction of the pedestri an gate will consist of 2" x 4" rectangular tube steel frame ( I I -gauge) with 3/4 '' x 3/4" we lded pickets spaced 4" on center and be 36" wide and stand 6'-6" ta ll. Includes a 4'' x 4 ' tube steel hinge and strike post that will be buried in 30" deep footings fill ed with concrete. The pedestrian gate will inc lude a welded two-hole prep handset box and inc lude a Schlage- C double sided deadbolt and storeroom fun ction handset with a Schlage-C keyway. The gate will swing out with a Locinox Mammoth se lf-closing hinge set. This will ensure the gate is never left open.
The vehicle gate wi 11 consist of the same construction as the pedestrian gate with 2" x 4" rectangular tµbe steel ( I I -gauge) frame with ¾" x ¾" tube teel pickets we lded 4" on center. Total span 27' wide x 6'-6" ta ll. There will be a pair of welded 6" v-wheel boxes will be placed on the bottom ra il and inc lude steel sea led ba ll bearing v-whee ls. The gate will roll on the existing v-track (and concrete ribbon) and slide into the pedestri an gate as it c loses. There will be a 4" x 4" tube stee l guide ro ll er post that will si nk into a 30" deep post hole fi lled with concrete and include a pair of 6'' pinch ro ll ers to keep the gate upright. The new gates will inc lude 1/2" expanded metal mesh that will span across the full gate frames to prevent anyone from sticking a limb through the gates. The new stee l will inc lude a hot dip galvanized coating fo r full rust protecti on from the elements.
$89,669.00
Page I of'7
Slide gate operator:
HySecurity Slidedriver 15
• HP: I continuous duty
• Smart touch controller
• Drive Wheels: 6 inch
• Gate weight capacity: 1500 LBS
• Pulling force: 300 lbs
• Travel speed: I ft/s
• Voltage: Single phase 208V AC
• Usage Class: T, IT, TII , IV
• Warranty: 5 year
• Dimensions Operator: 26 in x 26 in x 14.5 in
• Includes (2) IRB-RET2 Monitored photo eyes to meet 2018 UL325 standard s
• Includes new drive rail (20')
• Includes HySecurity mounting base
$36,679.00
Additional Equipment:
a. Furnish and install (3) Optex OVS above ground vehicle presence detector to monitor the driveway as a free exit sensor with inside and outside safety sensors.
Due to the cracked pavement across the driveway saw cut loops are not ideal, above ground microwave sensors are the solution to not disturb the driveway.
This is a 12/24volt device with two relays and can adjust for vehicles as close as 3' away and as far as 26' away. Includes mounting posts and conduits back to the gate operator location.
$11,029.00
b. Tomar 1790-1014 strobe detector $3,529.00
c. Gooseneck post (2" x 2" tube steel curved post with black powder coated finish). This post will be used to mount a keypad and key switches and includes a concrete footing. $1,189.00
d. Liftmaster 850LM radio receiver and (20) 81 I LM remotes $3,089.00
Keypad option:
Door King 1506-086, stand-alone keypad. The keypad includes a black powder coat enclosure with stainless-steel face and backlit buttons. Capable of I 000 fourdigit pin codes. $2,379.00
Telephone entry system options:
Option 1- Single family home setup with still pictures
Cell-gate Watchman 4 10 surface mounted phone entry system w ith ( I) call group.
This is a cellular system that works off of AT&T, Verizon cellular towers or VoIP connection. The phone system will call users as a phone call and pictures can be viewed through the Watchman app. Includes a keypad for coded entry as well as a camera eye for still pictures. The 4 10 model can accommodate ( I) external camera. Monthly subscription required for service, starts at $29.95 monthly serv ice ($20.00 acti vation fee).
$5,589.00
Option 2- Single family home setup with still pictures and video Cell-gate Watchman 45 0 surface mounted phone entry system with ( I) call group.
This is a cellular system that works off of AT&T, Verizon cellular towers or VoIP connection. The phone system will call users and send pictures and video through the Watchman app. Includes a keypad for coded entry as well as a camera eye for still pictures and video. See and talk to the visitor at the gate. The 450 model can accommodate (3) external camera(s). M onthly subscription required for service, starts at $39.95 monthly service ($20.00 activation fee). $7,039.00
Option 3- Multi-tenant setup with still pictures and video Cell-gate Watchman 480 surface mounted phone entry system with touch screen and multiple call groups. This is a cellular sy tern that works off of AT&T, Verizon cellular towers or VoIP connection. The phone system residents through the Watchman smart phone app. Includes a keypad for coded entry as well as a
camera eye for still pictures and video. See and talk to the visitor at the gate. The 480 model can accommodate (3) external camera(s). M onthly sub cription required for service, starts at $39.95 monthly service ($20.00 activation fee). $8,479.00
Note: Pricing above includes materials and labor (prevailing wage) and transporting materials to Long Beach for barge loading. Accommodation to work remote not included in pricing above (per diem, food/ hotel stay during the installation process and ferry transportation from Long Beach to Catalina and back, TBD). The city of Avalon to assist with barge transportation of materials. Standard work days and hours will apply to this onsite installation (Monday through Friday, 8am-4pm).
A ll material(s) are guaranteed to be as specified and the above work to be performed in accordance with the drawi ngs and specifications submilled for above work and completed in a substantial workman like manner for the sum of: ($) With payments to be made as follows: 50% deposit to start work; balance clue upon completion. Any alteration or deviation from the above spec ifications invol ving extra costs, wi ll be executed as a " change order" to rellect the 111crease of materials and/ or labor. Delays beyond the control of Controlled Entrances in any such project to not affect any signed agreements . Worker Compensation and General Liabil ity Insurance on the above work to be covered ., CONTROLLW E,C<RANCES.
0 A~A· ,A,// A ,,,.
Per: _ _ ~~--~---- - -w--------~---
Respectfully submiltcd by: Jacob Mathwig
State License Number: 11 03875
Nott-: Oue to rising costs of materials, this proposal mav be withclrawn bv Controlled EntratH'es if not accepted within 15 days.
Any required permits for the project are the responsibility of others to obtain. Property line discrepancies must also be determined by others. Custom-fabricated items are non-refundable and may not be canceled once production has begun . In any dispute relating to the interpretation or enforcement of this Agreement, the preva iling party shall he entitled to its costs or attorneys' fees and ex pert costs. Fa ilure by the owner or agent to make timely payment constitutes a breach or this Agreement. In such cases, Controlled Entrances resen•es the right to suspend wo rk and void all warranties on work previously performed. Labor/ workmanship warra nty on installations is I-yea r from date of installation. Material wa rranties are provided in accordance with the respective manufacturers' terms. Credit card transactions wi ll incur a 3% merchant service rec. Preliminary lien notices may be sent within 20 days of the accepted signed proposa l.
Disclaimer: Galvanized steel may leave a slight texture on fabricated materials, whether painted or powder coated. Paint and powder coat finishes may exhibit slight variations in color, texture, and sheen due to factors such as application methods, material differences, and environmental conditions during curing. These variations arc considered normal and do not affect the performance or durability of the finish. Wood is a natural material and may exhibit inherent characteristics such as knots, grain variation, checking, cracking, and movement due to changes in temperature and humidity. These features are not considered defects but are part of the organic nature of the material and contribute to its unique appearance.
ACCEPTANCE OF PROPOSA L
By signing below. you are stating that you are the '·owner or agent" of the property and understand the terms listed above. As th e " owner or agent'" you authorize services listed above to begin.
Name: _________________________ _ Title: ______________________ _ Signature: _______________________ _ Date of acceptance: _________________ _
MEETING DATE:
ORIGINATING DEP:
PREPARED BY:
SUBJECT:
CITY OF AVALON CITY COUNCIL
August 5, 2025
Public Works
AGENDA ITEM: (p ----
CITY MANAGER: - ~-----'--
Jamie Hmielak, Maintenance Superintendent
Authorization to Provide Termite Tenting Treatment for City Hall RECOMMENDED ACTION($): Per the City's Procurement Policy, authorize the City Manager, or designee, to enter into a contract with Catalina Pest Control to perform full-structure termite tenting and fumigation of Avalon's City Hall facility for a not to exceed amount of $30,000 from City Hall Maintenance Account #10135-5700.
REPORT SUMMARY: The City Hall facility has never undergone full-structure termite tenting.
In recent months, persistent evidence of termite activity has been observed in the facility's lobby ceiling , including frass deposits, hollowed wood , and visible damage. Staff is concerned that if this infestation is not addressed comprehensively, termites will continue to spread throughout the facility , potentially leading to costly structural damage and future repairs.
Localized spot treatments are not considered sufficient at this point, as they cannot guarantee complete eradication of the infestation. A whole-structure fumigation (tenting) is now required to eliminate the current infestation and prevent further deterioration of the building .
Given the scope of the infestation and the risk of fu rther structural damage, staff explored wholestructure fumigation (tenting) as the most effective and long-term treatment method . Due to the logistical challenges of servicing Catalina Island, only two pest control companies currently offer full-tenting services here. Both companies were invited to inspect the facility and provide quotes.
Their estimates are as follows:
Com~an)l Location Quote
Catalina Pest Control Avalon , CA $28,800
Dewey Pest Control Carson, CA $37,500
Both quotes are for complete structure tenting and treatment, not spot treatment. Staff has reviewed the proposals and recommends moving forward with Catalina Pest Control, the lowest responsive bidder, based on cost savings and local availability. This fulfills the informal bid competitive process purchasing requirement specified in the Avalon Municipal Code Section 3-4.106(a).
FISCAL IMPACTS: Total expenditure is not-to-exceed $30,000. Funds are allocated in FY 25- 26 from City Hall Maintenance Account #10135-5700.
65059.00000\44025806. I
GOAL ALIGNMENT: Infrastructure sustainability.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Termites will continue to spread throughout the City Hall facility causing damage, which will eventually incur tremendous repair costs.
FOLLOW UP ACTION:. None.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
1. Quote from Catalina Pest Control.
2. Quote from Dewey Pest Control.
6505900000\44025806.1
WOOD DESTROYI G PESTS AND ORGA ISMS INSPECTION REPORT #: 4105 BUILDING NO. STREET CITY ZIP
I
Date of lnspectmn
I
NUMBER OF PAGE~
410 AVALON CANYON RD AVALON 90704 07/11 /2025 1 of 5
CATALINA PEST CONTROL , -~ -AL!~'~
P.O. BOX 1962 / ~; <> .::- <1 ' I .. .. .. - . \
AVALON, CA 90704 \ ,o .,;:. 0 ... : (310) 510-PEST (310) 510-7378 ' $ ' '. -t.,. ~<. , PR 5658 Co~ .· ~-- Ordered by: Property Owner and/or Party of Interest Report sent to:
JAMIE HMIELAK JAMIE HMIELAK JAMIE HMIELAK
CITY OF AVALON CITY OF AVALON CITY OF AVALON
410 AVALON CANYON RD PO BOX 707 41 0 AVALON CANYON RD
AVALON , CA 90704 AVALON, CA 90704 AVALON, CA 90704
PH.# 310-703-3609 PH.# 310-510-0220 FAX: 310-510-0901
COMPLETE REPORT □ LIMITED REPORTQg SUPPLEMENTAL REPORT □ REINSPECTION REPORT□ GENERAL DESCRIPTION. Inspection Tag Posted:
CITY HALL: Two story, wood framed, stucco, commercial structure. It has an attached patio. Subarea.
It has an open beam ceiling and tile roof. It was occupied and furnished at the time of Other Tags Posted:
inspection.
An inspection has been made of the structure(s) on the diagram in accordance with the the Structural Pest Control Act. Detached porches , detached steps. detached decks and any other structures not on the diagram were not inspected.
Subterranean Termites D Drywood Termites Q] Fungus/Dryrot Q] Other Findings □ Further Inspection □ If any of the above boxes are checked, it indicates that there were visible problems in accessible areas. Read the report for details on checked items Key: 1 = Subterranean Termites 2 = Drywood Termites 3 = Fungus/Dryrot 4 = Other Findings 5 = Further Inspection : PATIO ~
/
I CITY HALL I
28 2A /
/ /
I / I I
FRONT
Inspected By ____ P_A_U_L_P_E_R_E_A ___ _ License No.
--------- QPR 9652 Signatur_e __ _____;_{2_i)_(2_.JJU-O.,,___:_;___ _ You are entitled to obtain copies of all reports and completion notices on this property report to the Structural Pest Control Board during the proceding two years. To obtain copies contact: Structural Pest Control Board, 1418 Howe Avenue, Suite 18, Sacramento, California, 95825-3204.
NOTE: Questions or problems concerning the above report should be directed to the manager of the company. Unresolved questions or problems with services performed may be directed to the Structural Pest Control Board at (916) 561 -8708, (800) 737-8188 or www.pestboard.ca.gov. 43M-41 (Rev. 10/01 ) BUILDING NO.
410
STREET
AVALON CANYON RD
NOTES, CAUTIONS AND DISCLAIMERS
CITY
AVALON
ZIP Date of Inspection
90704 07/1 1/2025
********************************* PLEASE READ THIS ENTIRE REPORT *********************************
NUMBER OF PAGE
2 of 5
The purpose of this WOOD DESTROYING PESTS AND ORGANISMS INSPECTION REPORT is to document FINDINGS and RECOMMENDATIONS which pertain to the absence or presence of Wood Destroying Pests and Organisms and/or Conducive Conditions at the time of inspection. The contents of this Report are governed by the Structural Pest Control Board Act and Rules and Regulations. The owner(s) and/or agent(s) cooperation and compliance to correct and/or complete the recommendation(s) documented in this Report are obligatory. Without a mutual effort our company cannot assure effective or satisfactory results .
INACCESSIBLE AREAS AND AREAS NOT INSPECTED (LIMITED ACCESS):
The Pest Control Industry recognizes a structure to have certain areas both INACCESSIBLE and NOT INSPECTED. These areas include, but are not limited to: furnished interiors; inaccessible and/or insulated attics or portions thereof; attics with less than 18" clear crawl space; the interior of hollow walls; covered ceilings; spaces between a floor or porch deck and the ceiling or soffit below; stall showers over finished ceilings ; enclosed bay windows; areas where there is no access without defacing or tearing out lumber, masonry or finished work; built-in cabinet work; areas underneath, behind or below appliances; areas beneath floor coverings, furnishings or storage; areas where encumbrances, storage, conditions or locks make inspection impractical; and areas or timbers around eaves that would require use of an extension ladder.
CONCRETE SLABS:
Slab floor construction has become more prevalent in recent years. Floor coverings may conceal cracks in the slab that will allow infestations to enter. Infestations may be hidden by flooring , plaster, stucco, sheetrock or other wall coverings so that a diligent inspection may not uncover the true condition. Therefore, we are NOT LIABLE for areas concealed or hidden during an inspection or treatment.
We are NOT LIABLE for plumbing, heating, electrical, gas lines and equipment in or under a slab, nor to plants which may be damaged during treatments and/or repairs .
PLANTS / FOLIAGE:
In the performance of treatments and/or structural repairs, it may be necessary to access and treat areas where trees , plants, shrubbery, flowers, vines and other foliage are deemed too close or adjacent to the structure(s) treated. We are NOT LIABLE for plants which may be damaged during treatments and/or repairs.
CONDUCIVE CONDITIONS:
There are conditions deemed likely to lead to Wood Destroying Pest Infestations and Organisms such as Fungus or Dry Rot. The owner(s) or agent(s) of this structure has certain obligations regarding maintenance and prevention pertaining to the deterrence of Wood Destroying Organisms. Maintenance and prevention procedures include, but are not limited to:
reasonable cleaning ; upkeep of roofs , gutters and downspouts; painting and sealing of exposed surfaces; caulking about doors and windows or grouting about commodes , bathtubs and shower enclosures; storing materials one foot away from the structure's foundations; providing adequate ventilation; maintaining proper drainage away from structure (including sprinkler systems); and keeping soil levels below the top of foundations and prohibiting earth contact with wood components of the structure(s).
LOCAL TREATMENT:
"Local treatment is not intended to be an entire structure treatment method. If infestations of wood-destroying pests extend or exist beyond the area(s) of local treatment, they may not be exterminated." REINSPECTION:
"This company will reinspect repairs done by others within four months of the original inspection. A charge, if any, can be no greater than the original inspection fee for each re inspection. The reinspection must be done within ten ( 10) working days of request. The reinspection is a visual inspection and if inspection of concealed areas is desired, inspection of work in progress will be necessary. Any guarantees must be received from parties performing repairs ." SUBCONTRACT:
"NOTICE: The charge for service that this company subcontracts to another registered company may include the company's charges for arranging and administering such services that are in addition to the direct costs associated with paying the subcontractor. You may accept CATALINA PEST CONTROL's bid or you may contract directly with another registered company licensed to perform the work.
If you choose to contract directly with another registered company , CATALINA PEST CONTROL will not in any way be responsible for any act or omission in the performance of work that you directly contract with another to perform." ROOFS:
The exterior surface of the roof was not inspected. If you want the water tightness of the roof determined, you should contact a roofing contractor who is licensed by the Contractors' State License Board .
MOLDS/ FUNGI :
This property was not inspected for the presence or absence of health related molds or fungi. By California law we are neither qualified , authorized or licensed to inspect for health related molds or fungi . If you desire information about Form: XFRX_ T1 A -- 6.20.06 Report#: 4105
BUI LDING NO.
410
STREET
AVALON CANYON RD
CITY
AVALON
ZIP
90704
the presence or absence of health related molds, you should contact an industrial hygienist.
American Board of Industrial Hygiene (517) 321-2638 http://www.abih .org/ SECOND OPINION:
Date of Inspection
07/11 /2025
NUMBER OF PAGE
3 of 5
"NOTICE: Reports on this structure prepared by various registered companies should list the same findings (i .e. termite infestations, termite damage, fungus damage, etc.). However, recommendations to correct these findings may vary from company to company. You have a right to seek a second opinion from another company." *********************************** FINDING (S) & RECOMMENDATION (S) ********************************* SECTIONED REPORTING:
"This is a separated report which is defined as Section I or Section II conditions evident on the date of the inspection.
Section I contains items where there is visible evidence of active infestation, infection or conditions that have resulted in or from infestation of infection. Section II items are conditions deemed likely to lead to infestation or infection but where no visible evidence of such was found . Further inspection items are defined as recommendations to inspect area(s) which during the original inspection did not allow the inspector access to complete the inspection and cannot be defined as Section I or Section II."
Form : XFRX_ T1 A -- 6.20.06 Report#: 4105
BUILDING NO STREET ZIP Dale of lnspect,on NUMBER OF PAGE 410 AVALON CANYON RD
CITY
AVALON 90704 07/11/2025 4 of 5
2. DRYWOOD TERMITES
ITEM NO. 2A
FINDING:
RECOMMENDATION: 2A
ITEM NO. 2B
FINDING:
RECOMMENDATION: 28
SECONDARY
RECOMMENDATION : 28
(Section 1)
Evidence of DRYWOOD TERMITES indicated by 2A on the diagram. Evidence noted in or near: INTERIOR/ OPEN BEAM/ CEILING
FUM IGATION of the entire structure(s) with a gas fumigant for the complete extermination of Drywood Termites. Includes all accesible and inaccessible (hidden) areas.
Note: Remove or cover fecal pellets and/or frass in the visible and accessible areas (so that future inspections cannot be confused).
(Section 1)
DRYWOOD TERMITE DAMAGE as indicated by 28 on diagram. TERMITE DAMAGE noted in or near: EXTERIOR/ EAVES/ FACIA
FUMIGATION of the entire structure(s) with a gas fumigant for the complete extermination of Drywood Termites. Includes all accesible and inaccessible (hidden) areas.
Note: Remove or cover fecal pellets and/or frass in the visible and accessible areas (so that future inspections cannot be confused).
Repair Structural Damage with suitable materials and/or REPLACE with sound lumber as necessary with today's available widths and grades.
Note: If damage extends into inaccessible areas a Supplemental report wi ll be required after area is opened. Another estimate will be issued for any additional work that is required.
NOTE: Contact LICENSED GENERAL CONTRACTOR or appropriate trade to inspect/ correct this condition.
COMMENTS AND OTHER INFORMATION
COST OF WORK:$28,800.00 FUMIGATION TENT.
NOTE: We submit this bid to complete the work on the items related to the structural pest control industry only.
Contact appropriate trades for estimates on items in this Report that are not performed by our company.
GUARANTEE POLICIES:
LOCAL TREATMENTS completed by Catalina Pest Control (CPC) are guaranteed for 1 (ONE) year. The guarantee is limited to the area(s) of infestation(s) treated. This guarantee DOES NOT cover new infestations that may occur after the treatment has been completed.
FUMIGATIONS (VIKANE GAS) completed by CPC are guaranteed for 2 (TWO) years. The guarantee is limited to the infestation(s) present at the time or day the fumigation was contracted for. This guarantee DOES NOT cover new infestations that may occur after the fumigation has been completed.
THERMAL HEAT TREATMENTS completed by CPC are guaranteed for 2 (TWO) years. The guarantee is limited to the infestation(s) present at the time or day the treatment was contracted for. This guarantee DOES NOT cover new infestations that may occur after the treatment has been completed.
NOTE: Catalina Pest Control does NOT guarantee to prevent or control NEW infestations to any NEW areas of the structure(s) not treated or inspected in this Report. Guarantee is limited to the original infestation(s) indicated unless otherwise noted in this Report or the Work Authorization contract.
TERMITE PROTECTION POLICY:
CAT ALINA PEST CONTROL offers an annual control service to prevent and control new infestations. Contact our office for further details.
Form: XFRX_ T1A -- 6.20.06 Report#: 4105
BUILDING NO
410
STREET
AVALON CANYON RD
CITY
AVALON
California state law requires that you be given the following information:
CAUT/ON--PESTICIDES ARE TOXIC CHEMICALS.
ZIP Date of Inspection NUMBER OF PAGE
90704 07/11/2025 5 of 5
"Structural Pest Control Companies are registered and regulated by the Structural Pest Control Board, and apply pesticides which are registered and approved for use by the California Department of Pesticide Regulation and the United States Environmental Protection Agency. Registration is granted when the state finds that, based on existing scientific evidence, there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized." "If within 24 hours following application you experience symptoms similar to common seasonal illness comparable to the flu, lethargy and muscle tremors contact your physician or poison control center 800-876-4766 and your pest control company immediately."
"For further information, contact any of the following:
CATALINA PEST CONTROL: 310-510-7378
for Health Questions--the County Health Department
LOS ANGELES COUNTY: 323-780-2373 I SAN BERNARDINO COUNTY. 909-387-91461 RIVERSIDE COUNTY:
951 -358-5000 I ORANGE COUNTY: 714-834-5400;
for Application lnformation--the County Agricultural Commissioner LOS ANGELES COUNTY: 626-575-54661 SAN BERNARDINO COUNTY: 909-387-21051 RIVERSIDE COUNTY:
951-955-3030 I ORANGE COUNTY: 714-955-0100 and
for Regulatory lnformation--the Structural Pest Control Board 800-737-8188 LOCATED AT: 2005 Evergreen St# 1500, Sacramento, CA 95815-3898."
WE WILL USE ONE OR MORE OF THE FOLLOWING CHEMICALS I PRODUCTS (ACTIVE INGREDIENTS):
[ } TERM/DOR SC (Fipronil)
[ J TALSTAR ( Bifenthrin)
[ J XT-2000 (d-Limonene (ORANGE OIL botanical insecticide) [ J TIM-BOR [ J BORA-CARE (Disodium Octaborate Tetrahydrate) [] JECTA BORACIDE (Disodium Octaborate Tetrahydrate)
[ J STRIKEFORCE (Chlorpyrifos)
[] INVADER HPX (Phenyl methycarbamate)
[ ] INTRUDER HPX-20 (Cyfluthrin I Pyrethrin)
[ ] DE - DIA TOMACIOUS EARTH (Crystalline silica)
[ } VIKANE GAS (Su/fury/ Fluoride)
*Chloropicrin will be used as a warning agent.
[ ] THERMAL ERADICATION (HEAT TREATMENT): Propane-powered heaters, air ducts and thermal blankets I tarpaulins. NO PESTICIDES
NOTICE TO OWNER:
Under the California Mechanics Lien Law any structural pest control company which contracts to do work for you, any contractor, subcontractor, laborer, supplier or other person who helps to improve your property, but is not paid for his or her work or supplies, has a right to enforce a claim against your property. This means that after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your structural pest control company in full if the subcontractor, laborers or suppliers remain unpaid.
To preserve their right to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are required to provide you with a document entitled "Preliminary Notice." Prime contractors and laborers for wages do not have to provide this notice. A Preliminary Notice is not a lien against your property. Its purpose is to notify you of persons who may have a right to file a lien against your property if they are not paid.
Form: XFRX_ T1A -- 6.20.06 Report#: 4105
CATALINA PEST CONTROL INVOICE
P.O. BOX 1962
AVALON, CA 90704
(310) 510-PEST (310) 510-7378
Bill To:
JAMIE HMIELAK
CITY OF AVALON
PO BOX 707
AVALON, CA 90704
I Address of Property Inspected:
410 AVALON CANYON RD
AVALON , CA 90704
Invoice Number:
4105
Invoice Date:
07/11/2025
PH.# 310-510-0220 FAX: 310-510-0901
I Invoice Description:
TERMS: DUE UPON RECEIPT
Date of Inspection:
Termite Inspection Report Fee: $
Payments: $
TOTAL DUE:$
Escrow Number:
07/11/2025
150.00 (Termite work not included.)
0.00 Date: N/A
150.00
Escrow Officer: N/A
DUE ON COMPLETION DUE AT CLOSE OF ESCROW
NOTICE TO OWNER
Under the California Mechanics Lien Law any structural pest control company which contracts to do work for you, any contractor, subcontractor, laborer, supplier or other person who helps to improve your property, but is not paid for his or her work or supplies, has a right to enforce a claim against your property . This means that after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your structural pest control company in full if the subcontractor, laborers or suppliers remain unpaid.
To preserve their right to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are required to provide you with a document entitled "Preliminary Notice". Prime contractors and laborers for wages do not have to provide this notice. A Preliminary Notice is not a lien against your property. Its purpose is to notify you of persons who may have a right to file a lien against your property if they are not paid.
Form xfrx_i2a -- 6/12/06
WOOD DESTROYING PESTS AND ORGANISMS INSPECTION REPORT
Building No. Street City ZIP I Date of Inspection I Number of Pages 41 0 Avalon Canyon Rd. Avalon 90704 02/06/2025 5
Cea!''Y Dewey Pest Control
21 111 S . Figueroa St. Report # : 10002909
Carson CA 907 45 Registration # : PR 1652
(310) 328-0553 Escrow#:
PISTCOnTROL bra nchO [email protected] Fax (310) 328-4058 □ CORRECTED REPORT WWW.DEWEYPEST.COM
Ordered by: Property Owner and Party of Interest: Report sent to:
Jamie Hmielak Jamie Hmielak Jamie Hmielak
City of Avalon Inc. City of Avalon Inc. City of Avalon Inc. 410 Avalon Canyon Rd . 410 Avalon Canyon Rd. 410 Avalon Canyon Rd.
Avalon CA 90704 Avalon CA 90704 Avalon CA 90704
United States United States United States
MOBILE: (310) 703-3609 MOBILE: (310) 703-3609 MOBILE: (310) 703-3609 [email protected] [email protected] [email protected] COMPLETE REPORT ~ LIMITED REPORT 0 SUPPLEMENTAL REPORT 0 REINSPECTION REPORT 0 GENERAL DESCRIPTION: Inspection Tag Posted:
One/Two story commercial retail building slab and raised foundation Closet Other Tags Posted :
None
An inspection has been made of the structure(s) shown on the diagram in accordance with the Structural Pest Control Act. Detached porches, detached steps, detached decks and any other structures not on the diagram were not inspected.
Subterranean Termites ~ Drywood Termites 181 Fungus / Dryrot D Other Findings D Further Inspection D If any of the above boxes are checked, it indicates that there were visible problems in accessible areas. Read the report for details on checked items.
Diagram Not To Scale
I
Administration
28 / / M 28 2C Y. 2C
Y. ?i
1A 1A
Sub area Sub area
City Hall 1A
21/// Public Work
Finance
1A
Front desk Front open eating frame D 8
2B 28
~8 28 2C
2C
Chambers
/ / 28
·,
i.
Inspected By: Jeremiah Jaramillo State License No. FR35888 Signature: ---------- You are entitled to obtain copies of all reports and completion notices on this property reported to the Structural Pest Control Board during the preceding two years. To obtain copies contact: Structural Pest Control Board. 2005 Evergreen Street, Suite 1500, Sacramento, California, 95815-3831 .
NOTE: Questions or problems concerning the above report should be directed to the manager of the company. Unresolved questions or problems with services performed may be directed to the Structural Pest Control Board at (916) 561-8708, (800) 737-8188 or www.pestboard.ca.gov. 43M-41 {Rev. 04/2015)
410 Avalon Can on Rd .
Address of Property Inspected
02/06/2025
Date of Inspection
DEWEY PEST CONTROL
Avalon CA
City State
10002909
Corresponding Report No.
WHAT IS A WOOD DESTROYING PEST & ORGANISM INSPECTION REPORT? 90704
ZIP
Escrow No.
Read this document, it explains the scope and limitations of a structural pest control inspection and a wood destroying pest organism inspection report.
A Wood Destroying Pest & Organism Inspection Report contains findings as to the presence or absence of evidence of wood destroying pests and organisms in visible and accessible areas and contains recommendations for correcting any infestations or infections found. The contents of Wood Destroying Pest & Organism Inspection Reports are governed by the Structural Pest Control Act and regulations.
This property was not inspected for the presence or absence of health related molds or fungi. By California law we are neither qualified, authorized nor licensed to inspect for health related molds or fungi . If you desire information about the presence or absence of health related molds, you should contact an industrial hygienist.
This structure was .....x_ was not_ furnished and occupied at the time of inspection. (Indicate with a check mark) Some structures do not comply with building code requirements or may have structural, plumbing, electrical, mechanical, heating, air conditioning or other defects that do not pertain to wood destroying organisms. A Wood Destroying Pest & Organism Inspection Report does not contain information on such defects, if any, as they are not within the scope of the licenses of either the inspector or the company issuing a Wood Destroying Pest & Organism Inspection Report.
The Structural Pest Control Act requires inspection of only those areas which are visible and accessible at the time of inspection. Some areas of the structure are not accessible for inspection, such as the interior of hollow walls, spaces between floors, areas concealed by carpeting, built-in appliances, or cabinet work. Infestation or infections may be active in these areas without visible and accessible evidence. Areas that were not inspected are noted in the report. If you desire information about areas that were not inspected, a further inspection may be performed.
Certain areas are recognized by the industry as inaccessible and/or for other reasons not inspected . These include but are not limited to: inaccessible and/or, insulated attics or portions thereof, attics where there is less than 18" clear crawl space, the interior of hollow wall, space between a floor or porch deck and the ceiling below; areas where there is no access without defacing or tearing out lumber, masonry or finished work; areas behind stoves, refrigerators or beneath floor coverings, furnishings; areas where encumbrances and storage, conditions or locks make inspection impractical; areas or timbers around eaves that would require use of an extension ladder.
Slab floor construction has become more prevalent in recent years. Floor coverings may conceal cracks in the slab that will allow infestations to enter. Infestations in the walls may be concealed by drywall or plaster so that a diligent inspection may not uncover the true condition/s. These areas are not practical for inspection because of health hazards, damage to the structure, or inconvenience. They were not inspected unless described in this report. We recommend further inspection if there is any question about the above noted areas. Re: Structural Pest Control Act, Article 6, Section 8516 (b), paragraph 1990 U). Amended , effective March 1, 1974.
If an estimate or bid for making repair was given at the time of the inspection. "This company will reinspect repairs done by others within four months of the original inspection. A charge, if any, can be no greater then the original inspection fee for each reinspection . The reinspection must be done within ten (10) working days of request. The inspection is a visual inspection and if inspection of concealed areas is desired, inspection of work in progress will be necessary. Any guarantees must be received from parties performing repairs."
Hidden damage is possible any time evidence of Subterranean Termites, Drywood Termites, Fungus (Dry Rot), Beetles, Faulty Grade, Earth-to-Wood contact, Dampwood Termites, Shower Leaks or Excessive Moisture is noted on this report. This Company is not responsible for hidden damage.
ROOFS
The exterior surface of the roof was not inspected. If you want the water tightness of the roof determined, you should contact a roofing contractor who is licensed by the contractor's State License Board.
410 Avalon Can on Rd.
Address of Property Inspected
02/06/2025
Date of Inspection
DEWEY PEST CONTROL
Avalon
City
10002909
Corresponding Report No.
CA 90704
State ZIP
Escrow No.
Although we make visual examinations, we do not deface or probe window frames, door frames, or other decorative trim.
Unless otherwise specified in this report, we do not inspect nor assume responsibility for fences, sheds, dog houses detached patios, detached wood decks, wood retaining walls or wood walkways. We assume no responsibility for, nor do we guarantee, work completed by any other firm or any individual. We assume no responsibility for any infestation, infection, adverse condition or damage undetected during our inspection due to inaccessibility or non-disclosure by owner, owner's agent, or tenant.
This report and the inspection to which it pertains, is issued without guarantee or warranty, express or implied. The completion of any recommendations contained in this report, to be performed by Dewey, will be accomplished when authorized by the owner. This company makes no guarantee or warranty, express or implied, regarding future infestations, infections, or adverse conditions , or conditions present but not evident at the time of this inspection.
This inspection only pertains to the structure(s) indicated on the diagram on page one (1) of this report. Please read all of the information contained in this report. We recommend all items in this report be completed. This company makes no guarantee or warranty, express or implied, on work performed by others.
Notice: Reports on this structure prepared by various registered Companies should list the same findings (i.e. termite infestations, termite damage, fungus damage, etc.): however, recommendations to correct these findings may vary from Company to Company. You have the right to seek a second opinion from another Company. "NOTICE: The charge for service that this company subcontracts to another registered company may include the company's charges for arranging and administering such services that are in addition to the direct costs associated with paying the subcontractor. You may accept Dewey Pest Control's bid or you may contract directly with another registered company licensed to perform the work. If you choose to contract directly with another registered company, Dewey Pest Control will not in any way be responsible for any act or omission in the performance of work that you directly contract with another to perform."
GUARANTEES
Work completed by this company is guaranteed for a period of one (1) year from date of completion, unless otherwise stated in this report.
There is no guarantee on limited inspection reports or sub-standard work unless otherwise stated in this report.
DEWEY PEST CONTROL --- License No. PR 1652
410 Avalon Can on Rd.
Address of Property Inspected
02/06/2025
Date of Inspection
DEWEY PEST CONTROL
Avalon
City
10002909
Corresponding Report No.
·CA 90704
State ZIP
Escrow No.
Our inspection is limited to conditions which are visible and accessible at the time of inspection. No guarantee is implied or expressed for conditions which may become apparent after the date of this inspection.
1. SUBTERRANEAN TERMITES:
1A
FINDING - Evidence of cellulose debris and subterranean termites noted in the subarea.
RECOMMENDATION - Remove all subterranean termite infested cellulose debris of a size that can be raked (or larger). Treat for the control of subterranean termites.
Quote Price: $900.00
2. DRYWOOD TERMITES:
2A
FINDING - Drywood termite evidence noted at interior front desk area in open ceiling framing area, as indicated by 2A on the diagram. This evidence may extend into inaccessible areas.
RECOMMENDATION - Fumigate the structure for the control of drywood termites . Remove or cover evidence of infestation in accessible areas. Owner/agent to prepare the structure for fumigation as per occupants notice to be furnished by this company.
The structure must be vacated until released for re-entry by the licensed fumigator. The fumigant to be used on your structure and the active ingredients are: ZYTHOR (Active Ingredients Sulfuryl Fluoride and Chloropicrin)/VIKANE (Active Ingredients Sulfuryl Fluoride and Chloropicrin). Remove or cover the drywood termite fecal pellets in accessible areas.
Quote Price: $35,000.00
2A - Secondary Recommendation
RECOMMENDATION -This is secondary (substandard) recommendation . The primary recommendation to fumigate the structure is listed above: however, the owner/agent Jamie Hmielak, requests a localized treatment. Such treatment will not provide eradication of other concealed infestations (should they exist), and may not destroy the entire colony. Locally treat for the control of Drywood termites. The termiticide to be used on your structure and the active ingredients are Premise Foam (Active ingredient imidacloprid), and Timbor (Active Ingredient Disodium Octaborate Tetrahydrate). Remove or cover the drywood termite fecal pellets in accessible areas.
Quote Price: $5,500.00
2B
FINDING - Drywood termite evidence noted at exterior eave fascia board rafter tails, and at joist beam framing areas, as indicated by 2B on the diagram. This evidence may extend into inaccessible areas.
RECOMMENDATION - Fumigate the structure for the control of drywood termites. Remove or cover evidence of infestation in accessible areas. Owner/agent to prepare the structure for fumigation as per occupants notice to be furnished by this company.
The structure must be vacated until released for re-entry by the licensed fumigator. The fumigant to be used on your structure and the active ingredients are: ZYTHOR (Active Ingredients Sulfuryl Fluoride and Chloropicrin)/VIKANE (Active Ingredients Sulfuryl Fluoride and Chloropicrin). Remove or cover the drywood termite fecal pellets in accessible areas.
Quote Price: $See 2A Primary
2B - Secondary Recommendation
RECOMMENDATION -This is secondary (substandard) recommendation . The primary recommendation to fumigate the structure is listed above: however, the owner/agent Jamie Hmielak, requests a localized treatment. Such treatment will not provide eradication of other concealed infestations (should they exist), and may not destroy the entire colony. Locally treat for the control of Drywood termites. The termiticide to be used on your structure and the active ingredients are Premise Foam (Active ingredient imidacloprid), and Timbor (Active Ingredient Disodium Octaborate Tetrahydrate). Remove or cover the drywood termite fecal pellets in accessible areas.
Quote Price: $See 2A Secondary
2C
410 Avalon Can on Rd.
Address of Property Inspected
02/06/2025
Date of Inspection
DEWEY PEST CONTROL
Avalon
City
10002909
Corresponding Report No.
CA 90704
State ZIP
Escrow No.
FINDING - Evidence of drywood termite damage noted at exterior eave rafter tails, at fascia board , and at beam joist framing, as indicated by 2C on the diagram.
RECOMMENDATION - Replace, reinforce , patch and/or wood fill cosmetic damaged wood and/or structurally weakened wood members as necessary with quality product. (Painting is not included in estimate. Prime coat only). Damage or infections found to extend into currently inaccessible areas will be reported on supplemental report. Estimate for additional findings and recommendations will be given at that time. No opinion is rendered concerning the conditions in these areas at this time.
Remove and cover the drywood termite fecal pellets in accessible areas .
Quote Price: $1,600.00
Thank you for selecting us to perform a structural pest control inspection on your property. Should you have any questions regarding this report, please call us directly by the contact information provided on the first page of the inspection report.
Our inspectors have determined that your property will benefit from a safe application of chemicals commonly used for structural pest control. In accordance with the laws and regulations of the State of California, we are required to provide you and your occupants with the following information prior to any application of chemicals to such property.
Please take a few moments to read and become familiar with the content. State law requires that you be given the following information:
CAUTION - PESTICIDES ARE TOXIC CHEMICALS. Structural pest control companies are registered and regulated by the Structural Pest Control Board, and apply pesticides which are registered and approved for use by the California Department of Pesticide Regulation and the United States Environmental Protection Agency. Registration is granted when the state finds that based on scientific evidence, there are no appreciable risks weighted by the benefits. The degree of risk depends on the degree of exposure, so exposure should be minimized.
If within 24 hours following application , you experience symptoms similar to common seasonal illness comparable to the flu , contact your physician or poison control center and your pest control operator immediately.
For further information, contact any of the fol lowing agencies in your area:
Poison Control Center
Agricultural Department
Health Department
Structural Pest Control Board
(800) 222-1222
(626) 575-54 71
(213) 989-7140
(916) 561-8700
2005 Evergreen Street, Ste. 1500. Sacramento, CA 95815
Qllllf!Q
Pl:ST COftTROL
Dewey Pest Control
21111 S. Figueroa St.
Carson CA 907 45
(310) 328-0553
[email protected] Fax (310) 328-4058
WWW.DEWEYPEST.COM
WORK AUTHORIZATION
No work will be performed until a signed copy of this agreement has been received.
Address of Property : 410 Avalon Canyon Rd.
Report #: 10002909
-----------------------------------------
City: _A_v_a_lo_n _ ___________________________________ _ State/ZIP: CA 90704
Under the California Mechanics Lien Law any Structural Pest Control Company which contracts to do work for you, any contractor, subcontractor, laborer, supplier or other person who helps to improve your property, but is not paid for their work or supplies, has a right to enforce a claim against your property. This means that after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your contractor in full if the subcontractor, laborers or suppliers remain unpaid. To preserve their right to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are required to provide you with a document entitled "PRELIMINARY NOTICE". Prime contractors and laborers do not have to provide this notice. A Preliminary Notice is not a lien against your property. Its purpose is to notify you of persons who may have a right to file a lien against your property, if they are not paid.
READ AND AGREED TO: (Initial) __ _ If concealed damage is exposed or otherwise discovered during the performance of the work specified above, it will immediately be brought to the attention of the undersigned in a supplemental inspection report, but the correction of any such concealed damage shall not be covered under the terms of this Agreement. No painting or decorating services or the cost thereof are included in this Agreement nor shall "DEWEY" be held liable for any paint or roofing damage during the course of fumigation. The above Inspection Report, except as limited or modified herein, together with this Authorization Agreement, constitute the entire contract between "DEWEY" and the undersigned, and there are no other warranties, agreements, or understandings, either expressed or implied, between the parties. Dewey Pest Control will not be liable for possible damage to pipes embedded in or below the concrete slab, exterior porches and sidewalks. We assume no responsibility for damage to floor coverings.
READ AND AGREED TO: (Initial) __ _
The, undersigned agrees to pay "DEWEY" $ .--------,-,--.------.-- upon completion of the work specified herein, unless other terms of payment are otherwise specified herein. If payment under this Agreement is not made when due, the undersigned promises to pay all the cost of collection and fees incurred by "DEWEY" on account of such collection up to the limits of small claims court jurisdiction and also agrees to arbitration except for disputes within the jurisdiction of the small claims courts, any controversy or claim out of or relating to this agreement or the breach thereof shall be resolved by binding arbitration under the Construction Industry rules of the American Arbitration Association (AAA) and judgment upon the award rendered by the arbitrators) may be entered in any court having jurisdiction. The parties to this agreement waive the right to a court trial or a jury trial , to discovery and to appeal. A finance charge of 1 ½% per month (18% per year) may be charged on past due accounts. A service fee of $30.00 will be charged on all returned checks.
READ AND AGREED TO: (Initial) __ _
STATE LAW REQUIRES THAT YOU BE GIVEN THE FOLLOWING INFORMATION CAUTION - PESTICIDES ARE TOXIC CHEMICALS. Structural Pest Control Companies are registered and regulated by the Structural Pest Control Board, and apply pesticides that are registered and approved by the Cal ifornia Department of Pesticide Regulation and the United States Environmental Protection Agency. Registration is granted when the state finds that based on existing scientific evidence there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure so exposure, should be minimized. If within 24 hours following application you experience symptoms similar to common seasonal illness comparable to the flu, contact your physician or poison control center and Dewey Pest Control immediately. For further information, contact any of the following: Dewey Pest Control; for health questions - the County Health Department; for Application Information - the County Agricultural Commissioner; for Regulatory Information - the Structural Pest Control Board. The Pesticide(s) used and the Active Ingredients are checked below. __ BORACARE - Disodium Octaborate Tetrahydrate __ Premise 75 - lmidacloprid
_ _ Termidor SC - Fipronil
_x_ TIMBOR - Disodium Octaborate Tetrahydrate
_x_ PREMISE FOAM - lmidacloprid
__ Termidor HE - Fipronil
_x_ VIKANE - Sulfuryl Fluoride and Chloropicrin _ _ Altriset - Chloratraniliprole _x___ Taurus SC - Fipronil
__ MASTERFUME - Sulfuryl Fluoride __ Wisdom TC - Flowable Bifenthryn _ _ CYKICK - Cyfluthrin
_x___ Zythor - Sulfuryl Fluoride __ Navigator - Fipronil Advion Gel - indoxacarb
Property Owner: Jamie Hmielak
Ordered By: Jamie Hmielak
Date: Inspected By: Jeremiah Jaramillo Date: 02/06/2025 Date:
PESTCOflTROL
Dewey Pest Control
21111 S. Figueroa St.
Carson CA 907 45
(310) 328-0553
[email protected] Fax (310) 328-4058
WWW.DEWEYPEST.COM
WORK AUTHORIZATION
Report#: 10002909
READ AND AGREED TO: (Initial) __
ITEMS
Prefix Section I Section II Further Inspection Other
1A 0.00 0.00 0.00 900.00
2A (Primary) 0.00 0.00 0.00 35,000.00
2A (Secondary) 0.00 0.00 0.00 5,500.00
2B (Primary) 0.00 0.00 0.00 See 2A Primary
2B (Secondary) 0.00 0.00 0.00 See 2A Secondary
2C 0.00 0.00 0.00 1,600.00
Section Subtotals
Using Primary Rec 0.00 0.00 0.00 37,500.00
Using Secondary Rec 0.00 0.00 0.00 8,000.00
PLEASE INITIAL YOUR SELECTION BELOW
Primary Total: $37,500.00
OR
Secondary Total: $8,000.00
I
j. '"· ~·
Property Owner: Jamie Hmielak Date: Inspected By: Jeremiah Jaramillo Date: 02/06/2025 Ordered By: Jamie Hmielak Date:
MEETING DATE:
ORIGINATING DEP:
CITY OF AVALON CITY COUNCIL
August 5, 2025
Administration
AGENDA ITEM: 7 ----
CITY MANAGER: QMr'\
PREPARED BY: Devin Hart, Senior Management Analyst
SUBJECT: Adopt a Resolution Issuing a Medical Cannabis Delivery Permit to Catalina Cannabis, LLC.
RECOMMENDED ACTION(S): Adopt a resolution issuing a Medical Cannabis Delivery permit to Catalina Cannabis, LLC for a 12-month period beginning August 6, 2025.
REPORT SUMMARY: On May 6, 2025 the City Council adopted Resolution No. 25-10 awarding a commercial cannabis permit to Catalina Cannabis, LLC for medical cannabis delivery business subject to compliance with all necessary conditions.
Since the adoption of Resolution No. 25-10 Catalina Cannabis, LLC has worked diligently to complete all regulatory requirements set forth by the State of California Bureau of Cannabis Control and the City of Avalon .
Avalon Municipal Code (AMC) Section 5-20.080 establishes the regulatory requirements that must be met before a permittee may commence operations. Per the AMC, the permittee must:
• Obtain a City of Avalon Business License.
• Complete a mandatory building inspection. On July 29, 2025, the City's Building Official completed a final inspection of the brick-and-mortar facility and found the site met all requirements of the AMC.
• Receive confirmation that the business is located on a site that meets all of the requirements of the AMC.
• Provide a signed notarized letter from the property owner illustrating their right to occupy and use the property for commercial cannabis purposes. • Execute an agreement agreeing to indemnify the City.
• Maintain insurance coverage as outlined in AMC 1-6.01 .
All of the requirements set forth by the AMC have been met.
On July 24, 2025, at a duly noticed Vehicle Hearing, Catalina Cannabis was approved to receive a commercial autoette permit with the following conditions:
1. No driver of the autoette shall consume any intoxicating substance, including marijuana or cannabis products, within eight (8) hours of operating the autoette.
2. The autoette may only be driven by the business owner or employees of the owner, and only in the course and scope of their employment.
65059.00000\44037822. I
3. The autoette shall not carry any passengers other than the business owner or employees of the business.
4. The autoette shall not be loaned to any other person or entity.
5. The applicant and all employees operating the autoette shall comply with all conditions imposed by the City, including all regulatory permits and agreements.
6. The autoette permit shall automatically terminate if the business license or dispensary permit is no longer active or is revoked .
7. The permit shall automatically terminate if the State of California or the County of Los Angeles determines that the applicant's business operations are no longer lawful.
8. The applicant and all employees operating the vehicle shall abide by all Avalon laws and regulations pertaining to autoette operation and parking .
9. The hearing officer reserves jurisdiction to revoke or modify the conditions of this permit.
Additionally, on July 14, 2024 Catalina Cannabis was issued a license from the State of California Department of Cannabis Control for a Commercial-Retailer-Non-Storefront Medicinal business.
A medical cannabis delivery services permit is valid for a 12-month period . The permittee may file an application for renewal of medical cannabis delivery service permit 60 days prior to the expiration date of the permit.
City Council may now issue a permit under the authority of AMC Section 5-20.070, as all prerequisites to the adoption of the proposed resolution have occurred.
FISCAL IMPACTS: None.
GOAL ALIGNMENT: Not aligned.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: City Staff will not have clear direction on to the selection of a medical cannabis delivery permit recipient.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: Proposed Resolution.
65059.00000\44037822. I
RESOLUTION NO. 25-
---
A RESOLUTION OF THE CITY COUNCI~ OF THE CITY OF AVALON,
ISSUING A COMMERCIAL CANNABIS PERMIT TO CATALINA
CANNABIS, LLC FOR MEDICAL CANNABIS DELIVERY BUSINESS
SUBJECT TO COMPLIANCE WITH ALL NECESSARY CONDITIONS
WHEREAS, on November 7, 2017, the City Council adopted Ordinance No. 1163- 17, amending Chapter 20 of Title 5 of the City of Avalon Municipal Code entitled "Medical Marijuana Dispensaries", and renaming it "Medical Cannabis Delivery Service Businesses and Other Cannabis Businesses and Activity", establishing permitting procedures for medical cannabis delivery businesses and other cannabis businesses ("Ordinance"); and
WHEREAS, the Ordinance authorizes the City Council to issue one (1) Medical Cannabis Delivery Service Business Permit ("MCDSBP") in the City of Avalon ("City"), subject to all the restrictions and operation requirements contained in the Ordinance and state law; and
WHEREAS, on March 6, 2018 the City Council adopted Resolution No. 18-07 detailing the application and selection process that will be used in granting the MCDSBP (Section 5-20.040 of the AMC); and
WHEREAS, the application process has been completed, and the City Manager is now recommending the City Council award a MCDSBP to Catalina Cannabis, LLC; and WHEREAS, Catalina Cannabis, LLC will operate a medical cannabis delivery business located at 220 Metropole Avenue, Avalon , CA; and WHEREAS, the City Council held a duly noticed public hearing regarding the City Manager's recommendation on May 6, 2025 at which time interested persons had the opportunity to be heard; and
WHEREAS, the City Council has considered a Staff Report dated May 6, 2025, the recommendation of the City Manager, and all written and oral testimony submitted before or during the public hearing; and
WHEREAS, the on May 6, 2025 the City Council adopted Resolution No. 25-10, making the preliminarily determination that Catalina Cannabis, LLC is qualified to operate a medical cannabis delivery service business in the City of Avalon , and awarded a MCDSBP to the Catalina Cannabis, LLC; and
WHEREAS, the proposed brick and mortar place of business is located within the Commercial zone, consistent with the requirements of AMC Section 5-20.090.n; and WHEREAS, the Planning and Building Department has reviewed the Application and certifies that the proposed business is located on a site that meets all of the 65059.00000\44037826. I
requirements of the City's Municipal Code. No additional planning entitlements are required ; and
WHEREAS, the Project was found to be categorically exempt from CEQA per State CEQA Guidelines 15301 (Class 1 - Existing Facilities). No public review is required ; and
WHEREAS, the City Council has determined that Catalina Cannabis, LLC has demonstrated a strong working knowledge of the cannabis industry and associated rules and regulations, strategic operating and business plan, and thoughtful approach to business in the City of Avalon ; and
WHEREAS, on July 14, 2025, Catalina Cannabis, LLC was issued a license from the State of California Department of Cannabis Control for a Commercial-Retailer-NonStorefront Medicinal business; and WHEREAS, the City has certified the Applicant has satisfied all conditions identified and established by the City in accordance with applicable law, including, but not limited to, completion of any required environmental review in accordance with the California Environmental Quality Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. The City Council hereby issues a MCDSBP to Catalina Cannabis, LLC for medical cannabis delivery, subject to satisfying all conditions identified and established by the City in accordance with applicable state and local law, including any conditions necessary to protect the health, welfare or safety of the public. Such conditions shall include, but are not limited to, the completion of any necessary environmental review in accordance with the California Environmental Quality Act.
SECTION 3. Annual Growth Policy: The growth policy provides that new commercial development will only be permitted with confirmation from Southern California Edison Company ("SCE") that adequate fresh water is available. The project involves the permitting of a cannabis delivery service business in an existing commercial building in the Commercial zone. The existing commercial building has five units, and the proposed business will occupy Unit #5. The Application does not include any physical changes or expansion of the existing commercial unit. On July 14, 2025, SCE provided a letter stating that no water allocation is required for the proposed project. Therefore, staff recommends that the City Council make the finding that the proposed project is in compliance with the 2025 Annual Growth Policy.
SECTION 4. Environmental Review. The proposed Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 - Existing Facilities) because it has no potential to have a significant effect on the environment.
65059.00000\44037826. I
The Class 1 exemption consists of the operation, repair, maintenance, permitting , leasing, licensing, or minor alteration of existing public and private structures, facilities , mechanical equipment, or topographical features , involving negligible or no expansion of existing or former use. The Project involves permitting of a cannabis delivery service in an existing commercial building in an urbanized area of the city. The Project does not propose to expand or change the use of the commercial suite in which it will be located.
As such, the Project is not expected to have a detrimental impact on the environment of the project site or surrounding area.
Furthermore, none of the exceptions to the use of categorical exemptions stated in State CEQA Guidelines section 15300.2 apply: The Project is not located in a particularly sensitive environment because it is proposed in an urban area already developed for commercial uses. No cumulative impact would occur from this Project's approval because only a single application has been submitted and no future development is proposed at this time. There will be no significant effect on the environment because the Project is only for the permitting of a business in an existing commercial suite that would have only minor impacts. No damage to scenic resources will occur because this Project will operate within an existing structure and is consistent with adopted development standards. The Project is not located on a hazardous waste site, and the Project does not involve a historical resource.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Avalon at a public meeting held on this 5th day of August, 2025.
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
Gabrielle Morones, City Clerk
APPROVED AS TO FORM:
Scott Campbell, City Attorney
Best Best & Krieger, LLP
65059.00000\44037826.1
Ann H. Marshall, Mayor
MEETING DATE:
ORIGINATING DEP:
PREPARED BY:
SUBJECT:
CITY OF AVALON CITY COUNCIL
August 5, 2025
Administration
David Maistros, City Manager
AGENDA ITEM: - ---
CITY MANAGER:
Short-Term Rental Legislative Measures
RECOMMENDED ACTION(S): Introduce and waive all readings of an ordinance repealing and replacing Article 3 of Chapter 1 of Title 3 of the Avalon Municipal Code modifying the Transient Rental System.
BACKGROUND: On July 30, 2025, the approximate 24-month moratorium on the issuance of transient rental licenses will end. City Staff have proposed an amendment to the Article 3 of Chapter 1 of Title 3 of the Avalon Municipal Code (AMC) Modifying the Transient Rental System.
If adopted regulations will go into effect 30 days later.
During the moratorium period , City Staff worked to cull through more than 40 years of short-term rental historical documents in order to create a singular, short-term rental database.
City Staff has completed efforts to identify and revoke any existing, inactive or otherwise noncompliant short-term rental properties granted by either grandfathered status, Conditional Use Permit (CUP), or Transient Rental License (TRL).
Though initially 94 properties were brought before the Planning Commission for revocation , 31 properties challenged the revocation process, and two properties were found to have been previously revoked .
Fourteen properties from the initial revocation list were able to come into compliance either by providing proof of long-term lessee in the unit, or otherwise curing.
To date, either voluntarily or by Planning Commission action, a total of 77 short-term rentals have been revoked , including :
- 20 grandfathered units
- 54 CUPs
- 3 TRLs
On July 15, 2025, the City Council had detailed discussions of options for transient rentals. Two agenda reports were then presented and such reports are attached hereto and incorporated into this report.
As of the July 15, City Council meeting, the City had identified a total of 386 compliant shortterm rental properties, including:
• 91 properties permitted by grandfathered use (including 9 banked units currently occupied by year-round renters),
• 267 properties permitted by CUP (including 13 banked units currently occupied by yearround renters), and • 28 properties permitted by Transient Business License (including 1 banked units currently occupied by year-round renters).
Therefore, there are currently 363 active short term rentals and 23 inactive (banked) properties.
Of the 363 compliant properties, 32 reported the minimum activity (2 nights) leaving 331 active short-term rentals.
City Staff are continuing to analyze and monitor short-term rental properties. As properties are found in non-compliance, they will be brought before the Planning Commission for revocation .
COMMUNITY FEEDBACK STAFF ACTIONS AND CITY COUNCIL DIRECTION Amendments to the ordinance were based on feedback gathered from community meetings, an analysis of other municipal ordinances, a community sentiment survey, and concurrence with the Planning Commission. Specifically, the City focused on addressing quality of life issues for residents, financial benefits and impacts to the local economy, and other sustainability and affordable housing impacts associated with transient rentals.
Community feedback cited a need for a better regulatory process for short-term rental properties.
Utilizing the new database of rentals, in May, the City expanded its short-term rental monitoring contract with Host Compliance to establish a 24/7 call center to support and provide oversight of short-term rental complaints. The support line will provide a live notification system for property managers as well as track property manager responsiveness, and the number and nature of complaints filed for each property. City Staff is currently working with Host Compliance in the development of the call center. It is anticipated the 24/7 call center will be activated by Fall 2025.
In addition to better enforcement and regulation , members of the community have recommended establishing a cap to the number of short-term rentals in Avalon as well as a limit to the number of short-term rentals owned by an individual or entity.
Each new transient rental license potentially takes a residential unit that could be used for long term residency off the housing market. Given the shortage of available housing units in Avalon , especially affordable units, limitations on the issuance of new licenses will preserve housing stock available to residents.
At the City Council meeting on July 15, 2025, the City Council directed that such a cap be established at 410 transient rental units. This includes all grand-fathered transient rental units, all units with conditional use permits and all units with transient rental licenses.
At the July 15 meeting there was also discussion on limiting the issuance of transient rental licenses based upon whether the applicant has other transient rentals. The use of housing units as transient rentals is an ancillary use to a residential use, not a commercial use. The ordinance has been clarified to limit the issuance of transient rental licenses to applicants whose use of such rentals will be ancillary to residential uses and not commercial uses. Thus, if the Planning Commission determines that the use of a transients rental license will be commercial, it may deny the license. While not a blanket ban on an applicant having more than one transient rental unit, if the applicant has another unit or units, the Planning Commission should determine if such requested license is for commercial purposes and can deny a permit if the use is primarily commercial.
Because of the limit on new transient rental license permits, the ordinance provides that procedures be developed for the issuance of such licenses when available permits become available. Once the cap is reached .
The City Council also discussed and directed staff to include substantial penalties for violations of the Municipal Code's provisions pertaining to transient rentals and violations of conditions at approval.
A state statute exists that provides for criminal penalties for violations of transient rental regulations. Pursuant to Government Code §39000(a) certain violations related to threats to the public health and safety, can be punishable by fines of $1,500 for the first violation $3,000 for the second and $5,000 for each additional violations of it occurs within a year of the first violation.
Violations that do not constitute a threat to the public health and safety are punishable by fines of $100 for the first violation , $200 for the second violations and $500 for each additional violations that occurs within one year of the first violation. The proposed ordinance incorporates these provisions.
The ordinance also provides that if there are three adjudicated violations of the transient rental provisions or conditions of use, the transient permit or license must be revoked .
The revised ordinance also provides severe penalties for owner of transient rentals whose permits licenses are revoked . Specifically, at the City Council's direction, the revocation of a permiUlicense can result in a permanent prohibition of applying for a license or a three year prohibition. The City Council's direction on this issue is sought.
The revised ordinance also incorporates the City Councils' requirement that applicants for new license must attend the Planning Commission meetings before such license is considered.
City will also work with the Planning Commission on the consideration of placing an overlay on certain areas of the City where saturation of transient rental units may exists.
City Staff are currently performing an analysis of administrative costs associated with the regulation of the City's short-term rentals , permits and licenses. Once completed Staff will provide a recommendation to the City Council to establish an annual TRL renewal fee or propose a tax for the consideration of Avalon voters to be imposed on all short-term rental income.
Funds from any established fee or tax would be used to support administrative efforts in enforcement of the Transient Rental Ordinance and potentially help support the development of future affordable housing.
AMENDMENTS TO THE ORDINANCE
If approved, the following amendments to the Transient Rental Ordinance include:
1. Modification of the regulatory guidelines to implement a revocation policy based on noncompliance with the City's noise ordinance, responsiveness of property manager to complaints, and the City's policies and procedures regarding trash , parking, etc.
2. Add the ability for the Planning Commission to consider as a basis of denial if applicant is a current owner of a short-term rental that has been in non-compliance with the AMC.
3. Require all short-term rental postings and advertisements to include the business's City of Avalon Business License Number.
4. Require the property manager to meet the guest(s) and review the City's rules and regulations at the rental property.
5. Require the property manager to respond to complaints received within 30 minute of notification.
6. Increase the annual minimum stay from three nights to ten nights per calendar year.
7. Require the property manager to be a City of Avalon Business License holder.
8. Add definitions for "good standing" and "licensee," as well as clarify the definition of "person."
9. Modification to the enforcement and penalties section to increase the fines for violations, authorize an election of remedies including administrative fines, and provide that the remedies are cumulative and multiple violations in a single day each constitute separate violations.
10. Require that applicants attend the hearing of the Planning Commission, in person or virtually and that non-appearance is an independent basis to deny a license. Also add as bases for denial of a TRL (1) that the applicant previously had a TRL or CUP revoked for failure to maintain those entitlements in good standing, (2) operated a transient rental without a license-with a carve out for property owners not acting in bad faith with certain findings and a presumption against the applicant, and (3) that the property is out of compliance with any requirement of the AMC at the time of the hearing . 11 . Inclusion of the requested cap to TRLs, CUPs, and Grandfathered CUPs at 410 units.
12.Authorize the City Manager to implement a policy to regulate the manner in which the Planning Commission considers new transient rental licenses once the cap is reached (e.g . waitlist or lottery).
13. Add that the City Council will annually review the need for additional regulations to the requirements for issuance of TRLs.
14.A new required finding for the Planning Commission: whether the transient rental use is ancillary to the residential use or whether it would modify the use of the underlying zone to one that is more commercial in character. As part of this finding , the Planning Commission would consider the number of transient rental licenses previously granted to the applicant and the saturation of or TRLs in the same area.
15. Modify the finding applicable to single and multiple unit properties, such that the Planning Commission may weigh favorably that a majority of the property owner's units are used for year-round rental or occupancy.
16. Require that applicants with properties in condominium associations receive written approval from the governing body of the association and provide the same as part of the application.
17. Require the Planning Department to bring an item to the Planning Commission to consider whether to revoke or suspend a TRL if the TRL is not in good standing.
18. Modify the bases for revocation or suspension of a license. A license now "must" be revoked or suspended by the Planning Commission if the licensee violates any provision of the AMC as it relates to the TRL, the TRL article itself, or any of the terms and conditions placed on the TRL, without curing the violation prior to the revocation or suspension action is brought. The Planning Commission also must suspend or revoke a TRL if the licensee violates the same provision of the TRL article three or more times, even if cured.
The proposed ordinance, as modified, implements the direction of the City Council. Provisions relating to granting of the licenses and revocation of the licenses have been bolstered to hold transient rental licensees to high operating standards. These changes will implement the City Council's vision and purpose. The modified ordinance will allow transient rentals given their benefits to the community, visitors, and the economy, while balancing those benefits against the need to apply rigor to the manner that transient rentals are conducted to ensure that operators act as good neighbors and mitigate impacts to the City from this use.
GOAL ALIGNMENT: Affordable housing.
FISCAL IMPACTS: To be determined.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The current licensing system for transient rentals will remain in place.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: Proposed Ordinance
ORDINANCE NO. ---
AN ORDINANCE OF THE CITY OF AVALON REPEALING
AND REPLACING ARTICLE 3 OF CHAPTER 3-1 OF
TITLE 3 OF THE AVALON MUNICIPAL CODE
REGARDING TRANSIENT RENTALS
WHEREAS, the City of Avalon ("City") has historically regulated transient rentals, originally with Conditional Use Permits ("CUPs"), and subsequently transitioned to a Transient Rental License ("TRL") scheme with the adoption of Ordinance No. 1192-20 on December 15, 2020, which established Article 3 of Chapter 3-1 of Title 3 of the Avalon Municipal Code ("AMC"); and
WHEREAS, the City Council subsequently adopted a series of urgency ordinances, including #U-121223, #U-1213-23, and #U-1220-24, establishing and extending a moratorium on new Transient Rental Licenses until July 30, 2025, to allow for comprehensive assessment and inventory of all transient rental in the City; and WHEREAS, during this moratorium, City Staff conducted extensive community outreach, including stakeholder meetings and a comprehensive survey from December 1, 2023, to January 21, 2024, gathering 595 responses regarding the impacts of transient rentals and potential regulatory enhancements to existing regulations; and WHEREAS, based on this community input, survey results, and a review of other municipal ordinances, City Staff has identified a need for significant revisions to the Transient Rental License Ordinance, including the establishment of a limit on the issuance of new transient rental licenses, modifications to revocation policies, property manager requirements, advertising standards, an increase in penalties for violations of the ordinance, including restrictions on reapplying for a license if a transient rental license or permit has been revoked , and an increase in the annual minimum stay from three to ten nights; and
WHEREAS, these proposed amendments are consistent with the City's overarching goal of aligning affordable housing initiatives with the effective regulation of short-term rentals; and
WHEREAS, the City Council finds that repealing and replacing Article 3 of Chapter 1 of Title 3 of the Avalon Municipal Code is necessary and proper to update regulations relating to Transient Rentals, thereby promoting the public health, safety, and welfare of the residents and visitors of the City of Avalon ; and
WHEREAS, all prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES ORDAIN AS FOLLOWS:
Section 1. The recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this Ordinance. 65059.00000\44026530. l
Section 2. Article 3 of Chapter 3-1 of Title 3 of the Avalon Municipal Code is repealed and replaced as set forth in Exhibit A, attached and incorporated herein.
Section 3. Severability. If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, void , or invalid , such decisions shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section , subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional, void , or invalid .
Section 4. CEQA Exemptions. The City Council finds that adoption of this Ordinance is not a project subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15378 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Additionally, this Ordinance is exempt under CEQA pursuant to Guidelines Section 15061 (b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) because this Ordinance will not cause a change in any of the physical conditions within the area affected by the Ordinance. None of the exceptions to the exemptions found in State CEQA Guidelines section 15300.2 apply. Staff is hereby directed to prepare, execute and file with the Los Angeles County Clerk a CEQA Notice of Exemption within five (5) working days of the adoption of this Ordinance.
Section 5. Certification. The City Clerk of the City of Avalon shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law.
Section 6. Effective Date. This Ordinance shall become effective thirty days from its adoption.
INTRODUCED at a regular meeting of the City Council of the City of Avalon on the 5th day of August 2025, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 19th day of August 2025, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
65059.00000\44026530. I
Ann H. Marshall, Mayor
ATTEST:
Gabrielle Morones, City Clerk
APPROVED AS TO FORM:
Scott Campbell
Best Best & Krieger, LLP
65059.00000144026530. l
EXHIBIT A
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City of Avalon. CA
§ 3-1.302
§ 3-1.30. Purpose.
ARTICLE 3
Transient Rentals
§ 3-1.306
The purpose of these transient license regulations is to establish a comprehensive regulatory framework for transient licenses within the City of A val on for properties rented for fewer than 30 days. The City recognizes that short-term rentals contribute significantly to economic development and allow visitors to experience the unique island community of Avalon and assist in providing access to the coast.
Because residential transient rentals are an accessory residential use, and to safeguard the public health and safety and mitigate potential negative impacts to nearby residents, the regulations herein balance the benefits of transient rentals and impacts they may have upon adjacent residential uses. These regulations also limit the number of transient rentals to ensure the availability of full-time residential housing stock in the City, a critical concern given the inherent limitation on new construction and available property for residential development. § 3-1.301. Definitions. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 20211 For purposes of this article, words and phrases used herein are defined as fo llows:
DWELLING UNIT - Shall have the same meaning ascribed to "dwelling units" in§ 9-3.604 of the Municipal Code.
GOOD STANDING - Shall mean operation of a Transient Rental License or Conditional Use Permit consistent with the requirements of this Municipal Code and all conditions of approval. A Transient Rental License or Conditional Use Permit that is cured of violations is considered in good standing.
LICENSEE - Shall mean a person who has been issued a Transient Rental License pursuant to this article or a Conditional Use Permit under other or prior authority.
OWNER: Shall mean the person or entity who owns the residential unit proposed for or operated as a transient rental.
PERSON - Shall mean and include any individual or fami ly owning the underlying parcel or lot where a transient rental is sought or maintained (the "property"). Person shall also include a partnership, trust, corporation or association that owns the property applicable to this article.
SECOND SALE - Shall mean and include the second sale of the property after the effective date of this article. ' Persons with current and valid Conditional Use Permits for transient rentals may continue to conduct transient rentals under such Conditional Use Permits without applying for and obtaining Transient Rental Licenses under this article, except that such Conditional Use Permits shall remain valid only until such time that the property that the Conditional Use Permit is tied to is sold twice, at which time the Conditional Use Permit shall automatically expire, and the second buyer must apply for and obtain a Transient Rental License under this article in order to conduct transient rentals.
(a) Example. Person A has a current and valid Conditional Use Permit for transient rentals upon the effective date of this article. Person A then sells the property with the Conditional Use Permit for transient rentals to Person B. Person B then sells the Downloaded from https://ecode360.com/A V4054 on 2025-06-05 65059.00000\440265 19.2
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same prope1iy to Person C. Person A and Person B will be able to conduct transient rentals without applying for and obtaining a Transient Rental License under this article.
However, Person C must apply for and obtain a Transient Rental License before he or she may conduct transient rentals, because the Conditional Use Permit under which Person A and Person B conducted transient rentals has automaticaJly expired upon the second sale of the property, which was from Person B to Person C.
TRANSIENT RENT AL - Shall mean and include the renting or leasing of a room or rooms with or without table board in any dwelling or dwelling unit for periods of fewer than 30 consecutive days duration.
§ 3-1.302. Transient Rental License Required. (Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
(a) Except as provided in subsection (b), no person shall commence or carry on, either directly or indirectly, any transient rental without first having obtained and maintained in good standing a Transient Rental License under this article. Each day that a transient rental is commenced or carried on without such Transient Rental License shall constitute a separate violation of this Municipal Code. The use of signs, circulars, cars, telephone books, newspapers, online short term rental platforms and any other forms of advertisement to hold out, or represent that a person is conducting transient rentals in the City, or when any person holds an active license or permit by a governmental agency indicating that a person is conducting transient rentals in the City shall constitute Ed itor's Note: Article 3 was adopted 12- 15-2020 by Ord. No. 1192-20; effective February I, 2021.prima facie evidence that such person is conducting transient rentals in the City. (b) No person in possession of a current and valid Conditional Use Permit, or a grandfathered Conditional Use Permit, for Transient Rental, that allows such person to conduct transient rentals on his or her property shall be required to obtain a Transient Rental License under this article, provided, however, and notwithstanding § 9-8.408, that any and all such Conditional Use Permits shall automatically expire upon the second sale of the prope1iy to which such Conditional Use Permits relate pursuant to § 3-1.301 . Where a Conditional Use Permit has expired pursuant to this article, no person shall commence or carry on, either directly or indirectly, any transient rental without first having obtained and maintained in good standing a Transient Rental License under this article.
§ 3-1.303. Unlawful Business Not Authorized. (Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
Transient Rental Licenses issued under the provisions of this article shall not be construed as authorizing anyone to conduct any illegal or unlawful activity or business. § 3-1.304. Duplicate License. (Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
A duplicate Transient Rental License may be issued by the Planning Commission to replace any Transient Rental License previously issued which has been lost or destroyed upon the licensee filing a statement attesting to such fact and on payment of a duplicate license fee in an amount set by resolution of the City Council.
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§ 3-1.302 § 3-1.306
§ 3-1.305. Enforcement and Penalties. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 11-16-2021 by Ord. No. 1202-21, effective December 16, 2021 I a) It shall be the duty of the Planning Department or its authorized representative to enforce each of the provisions of this article, including the collection of fees, penalties and interest.
The Planning Commission shall be responsible for the issuance of all Transient Rental Licenses provided for in this article, and for the proper processing of all applications and registrants. The Planning Commission may make rules and regulations consistent with the provisions of this article as it deems necessary or desirable to aid in its administration and enforcement.
b) Violations of this article may be punished as follows:
1. Violations of this article or conditions of approval for transient rentals that pose a threat to public health and safety, shall constitute infractions and shall be punishable as authorized in California Government Code Section 36900, in the following amounts:
A. $1,500 for the first violation of this article.
B. $3,000 for the second violation of this article.
C. $5,000 for each additional violation of this article that occurs within one year of the first violation.
11, Violations of this article or conditions of approval for transient rentals that do not constitute a threat to public health and safety shall be punishable as infractions, in the following amounts:
A. $100 for the first violation of this article.
B. $200 for the second violation of this article.
C. $500 for each additional violation of this article that occurs within one year of the first violation.
111. Any violation of this article may be punishable by an administrative citation as provided in Chapter 1-9 of Title 1 of this Municipal Code. 1v. The Planning Department is authorized to establish and implement a process to grant and document a hardship waiver to reduce the amount of a fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
c) Except as stated herein, each administrative citation for a violation of any provision of this article may be imposed against one or more of: the owner of the transient rental property, the owner's agent, a hosting platform, and any person with possession or control of the property at the time a violation of this article occurred, including but not limited to, lessees or renters.
The City may initiate suspension or revocation of a license or permit after one violation. Each violation which occurs is a separate violation, even if each violation occurs on the same calendar day, for which the City may issue a separate administrative citation and/or fine. d) The failure of an owner or the owner's agent to comply with lawful order of any fire, law Downloaded from https://ecode360.corn/A Y4054 on 2025-06-05 65059.00000\440265 I 9.2
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§ 3-1.302 § 3-1.306
enforcement, code enforcement or any other officer acting in promotion of public safety may result in revocation or suspension of the license or permit. e) Appeals of citations issued under this section may be conducted in the manner provided in Title 1 of this Municipal Code. Appeals of suspensions and revocations shall be conducted in the manner provided by this article.
f) In addition to, and not in lieu of any other remedy allowed by law, all remedies prescribed under this article are cumulative, and the election of one or more remedies does not bar the City from pursuing any other remedy, whether criminal, civil, or administrative, through which the City may enforce this article or address any violation of thjs Municipal Code or to remedy any other public nuisance.
g) Owners and agents must ensure that all contact information on the license application is active and monitored regularly. The City will use the information provided on the application for all correspondence, unless otherwise instructed in writing by the owner or owner's agent.
§ 3-1.306. Additional Powers of the Planning Commission. [Added 12-15-2020 by Ord. No.
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§ 3-1.306 § 3-1.309
1192-20, effective February 1, 2021]
In addition to other powers conferred herein, the Planning Commission shall have the power to:
(a) Extend the time of filing any application, statement or registration not to exceed 30 days for good cause shown;
(b) Waive any penalty that would otherwise accrue; and, with the approval of the City Attorney, to compromise any claim for license fee or penalties under the provisions of this chapter. § 3-1.307. Applications for License. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021)
Applications for a Transient Rental License required by this article shall be signed and verified by the applicant. City staff shall prepare the application form that Transient Rental License applicants must fill out. The application form may require the following, in addition to such other requirements as City staff may deem appropriate:
(a) The name, address, telephone, e-mail address and facsimile number, if any, of the applicant, which shall be the owner of the property for which a Transient Rental License is sought; (b) The name and address, telephone, e-mail address and facsimile number, if any, of the applicant's employer, if applicable. If the application is filed on behalf of a partnership, corporation or association, the applicant shall provide the names and addresses of the partners or principal officers and designate the name, address, telephone, e-mail address and facsimile number, if any, of the person authorized to accept service of process for the entity; ( c) The property where the transient rental is to be conducted; and (d) Personal identification information for the applicant, including, but not limited to, date of birth, and a copy of a driver's license or identification card. § 3-1.308. License Fee. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 20211 The fee for filing, processing of Transient Rental License applications, issuance of Transient Rental Licenses, issuance of Transient Rental License renewals, conducting on-site inspections of transient rental premises and collecting fees associated with such applications and enforcement shall be set by resolution of the City Council. Until established, the fee for filing and processing of a Transient Rental License shall be the fee established for a Transient Rental Conditional Use Permit. The fee shall be payable with the application for a Transient Rental License. § 3-1.309. License Hearing. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 20211
The Planning Commission shall have the power and authority to hear and conduct proceedings for the granting and issuance of all Transient Rental Licenses required by this article, and to revoke or suspend any licenses issued, subject to the limitations contained herein. The decision of the Planning Commission shall be final unless a timely appeal is taken to the City Council. The Planning Commission shall be governed by the following procedures:
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§ 3-1 .309 § 3-1 .309
(a) License Application and Hearing. The Planning Commission shall formulate all necessary rules and regulations governing the Transient Rental License application and investigation thereof. The owner applying for a Transient Rental License must attend the hearing of the Planning Commission, in person or virtually. The Planning Commission may require reports from the City's law enforcement agency or other City depa1iments and officials concerning the effect of granting the license on the public health, safety and welfare. The Planning Commission shall hold a public hearing to consider each application for a Transient Rental License under this article, for which notice shall be given as set forth in subsection (b) of this section. Applicants may be represented by counsel and present all pertinent and relevant information pertaining to the application, and to be heard and to call witnesses on their behalf.
However, the applicant's failure to appear at the hearing of the Planning Commission without a valid excuse will act as independent ground for denial of the Transient Rental License unless the Planning Department is presented with a valid reason for such absence at least 72 hours prior to the hearing, such as a disability-related need under the Americans with Disabilities Act (ADA) and the Planning Commissions excuses such absence. The hearing may be continued from time to time as determined necessary by the Planning Commission or upon request of the applicant upon good cause being shown.
(b) Notice. Not less than 10 days prior to the date of a hearing on an application for a Transient Rental License, the Planning Commission shall give notice which shall include the time, place, and purpose of such hearing, the location of the prope1iy under consideration, and such other information as it deems necessary as provided herein:
( 1) Cause a copy of such notice to be published once in a newspaper of general circulation in the City of A val on;
(2) Cause such notice to be mailed by first-class mail, postage prepaid, to the applicant and to all persons whose names and addresses appear on the latest available assessment roll of the County of Los Angeles as owning property within a distance of 300 feet from the exterior boundaries of the area for which an application for a Transient Rental License is filed, and to such other persons whose property or interests might, in the judgment of the Planning Commission or its designee, be affected by the issuance of the Transient Rental License requested. The Planning Commission shall also cause to be posted on the subject property in a location clearly visible from the street, a notice which measures at least 11 inches by 14 inches and which contains the information included in the notice as set forth in paragraph (1) of this subsection; and
(3) If the Planning Commission finds that the mailing of notices prescribed elsewhere in this section may not give sufficient notice to said persons, then such notices shall be posted at such locations as are deemed best suited to reach the attention of and inform those persons who may be affected.
(4) Such notice shall be in addition to any notice required for the issuance of a Local Coastal Permit.
(c) Reconsideration of Notice Provisions. The Planning Commission shall reconsider the notice provisions set f01ih in subsection (b) of this section two years after the adoption of this article. 2 Cap on Licenses and Conditional Use Permits: Once the number of Transient Rental Licenses, Conditional Use Permits or Grandfathered Conditional Use Permits reaches 410 units, no other such licenses or permits may be issued. The City Manager shall create Procedures for the Downloaded from hllps://ecode360.corn/ A V4054 on 2025 -06-05 65059 00000\440265 19.2
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§ 3-1.309 § 3-1 .309
Consideration of Licenses (Procedures) after the cap has been reached, which may take the form of a waitlist or lottery of applicants. and shall present such Procedures to the City Council for approval. The Procedures must require that only applications that are deemed complete may be considered for a License.
( d) Issuance of Licenses. The Planning Commission shall have the power to grant Transient Rental Licenses required by this article only when all necessary clearances have been obtained from law enforcement and other involved City departments and officials, and where it has received no evidence indicating that the public health, safety or welfare or the purposes
2. Editor's Note: Article 3 was adopted 12- 15-2020 by Ord. No. 11 92-20; effective February I , 2021.
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§ 3-1.309 § 3-1.310
of this article will be injured by the granting of such license. § 3-1.310. Basis for Approval or Denial of Transient Rental License. lAdded 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
(a) The Planning Commission may, with such conditions as are deemed necessary, approve a Transient Rental License which will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare, or be materially detrimental to the prope11y of other persons located in the vicinity of such use. (b) In making such determination, the Planning Commission shall find that the proposed transient rental use is in general accord with the following principles and standards:
(1) The nature, condition, and development of adjacent uses, buildings and structures shall be considered and no proposed transient rental use shall be permitted where such use will adversely affect or be materially detrimental to said adjacent uses, buildings and structures;
(2) The site for a proposed transient rental use shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, outdoor entertaining areas and other development features prescribed in this chapter or as required as a condition in order to integrate said use and not be detrimental with the uses in the neighborhood;
(3) The site for a proposed transient rental use shall be served by highways and streets adequate in width and improved as necessary to carry the kind and quantity of traffic such use would generate.
( 4) That the transient rental use must be ancillary to the residential use of residential unit, and would not create a commercial use in a residential zone. Whether a use is for a commercial use may be determined by the number of transient rental licenses previously granted to the applicant, the applicant's reason for the license and the nature of the requested license and any other factors presented in the application or at the hearing. (c) Conditions imposed by the Planning Commission for a Transient Rental License may involve any pertinent factors affecting the establishment, operation and maintenance of the requested transient rental use, including, but not limited to:
(I) Special yards, open spaces and buffer areas;
(2) Fences and walls;
(3) Parking facilities, including vehicular ingress and egress and the surfacing of parking area and driveways to specified standards;
(4) Street and highway dedications and improvements including sidewalks, curbs and gutters;
(5) Water supply and fire protection;
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§ 3-1 .309 § 3-1.3 I 0
(6) Landscaping and maintenance of grounds;
(7) Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation; (8) Regulation of operating hours for activities affecting normal neighborhood schedules and functions;
(9) Regulation of signs, including outdoor advertising; and Downloaded from https://ecode360.com/A V4054 on 2025-06-05 65059.00000\440265 I 9.2
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§ 3-1.310 §3-1.310
(10) Such other conditions as will make possible the development of the proposed transient rental use in an orderly and efficient manner and in general accord with all elements of the General Plan and the intent and purpose of this chapter. (d) The Planning Commission shall deny the requested Transient Rental License where:
( 1) The findings indicate, and the Commission determines, that the applicant has failed to show that the requested transient rental use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity of such use, and reasonable restrictions or conditions to license the establishment of the proposed use will not prevent detriment or menace as indicated.
(2) The applicant fails to attend the hearing of the Planning Commission in person or virtually, unless a valid excuse is provided.
(3) The applicant has previously had a Transient Rental License revoked for failure to maintain such license in good standing or for violation of the Municipal Code or any condition of the permit or had a conditional use permit revoked for violation of any requirement of this Municipal Code or violation of any condition of approval of the permit.
(4) The applicant previously operated a transient rental without a Transient Rental License.
In deciding whether to deny the Transient Rental License on this basis, the Planning Commission may detennine, in its reasonable discretion, whether substantial evidence supports that the applicant was not acting in bad faith when engaging in an illegal transient rental operation based upon: (1) the length of time that the operator failed to obtain a valid transient rental, (2) the length of time between when the operator was notified of the illegal operation and the time when the operator applied for a license, (3) whether the operator immediately discontinued illegal transient rental operation upon notice, ( 4) whether only one transient rental unit was operated, and ( 5) whether the operator was a sophisticated party, meaning the operator or its affiliates have engaged in transient rental operation previously. The applicant has the burden of presenting evidence that prior illegal transient rental operation was not conducted deliberately or in bad faith.
(5) The property proposed for transient rental use is out of compliance with any requirement of this Municipal Code at the time the Planning Commission hears the application. (e) In addition to the foregoing, the Planning Commission shall consider the following in connection with an application for a Transient Rental License:
( 1) Year-Round Rental Status. In the absence of adequate mitigating measures proposed by the applicant, the application should be denied where the subject property is or has been rented for periods of more than 30 consecutive days to the same occupant at any time during the two years preceding the application.
(2) Neighborhood Impacts. The Planning Commission shall consider the objections of the owners and occupants of neighboring properties in determining whether the proposed transient rental use is consistent with the surrounding properties and the extent to which such impacts may be mitigated by the imposition of the standard conditions listed below or by the imposition of additional conditions. The Planning Commission may consider Downloaded from https://ecode360.com/A V4054 on 2025-06-05 65059.00000\440265 I 9 .2
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§ 3-1.3 I 0 § 3-1.310
objections previously made in connection with applications for transient rental use at other properties located within the same general area as the subject application; however, the Planning Commission should consider the time between the prior application and the subject application, the geographical proximity of the subject application to the prior application, any differing circumstances, and additional mitigating measures proposed by the applicant, and changes in the general area, in determining the weight to be given such prior objections.
(3) Condominium Associations Having 10 or More Units. In the case of an application concerning prope1ty located within a condominium or similar congregate housing project consisting of 10 or more units, the applicant shall be required to provide written approval from the governing body of the subject association consenting to the allowance of the transient rental use at the condominium or congregated housing project.
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City of Avalon. CA
§ 3-1.3 10 § 3-1 .312
(4) The Planning Commission shall consider whether granting the Transient Rental License shall result in any year round residence located adjacent to the proposed transient rental having more than a majority of the adjacent residences permitted or licensed for transient rental use. "Adjacent" means having a common property line with the proposed transient rental unit except for the existence of a public street or alley. The total square footage of the dwelling unit and the site of each bedroom shall be considered for determining whether to grant the Transient Rental License.
(f) The Planning Commission shall impose as a condition all of the requirements and standards set forth in § 3-1.317, plus such additional conditions which the Planning Commission determines are appropriate to mitigate the impacts of such transient rental use. § 3-1.311. Appeal from Denial of License. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
In all cases where the Planning Commission denies the Transient Rental License application, it shall notify the applicant within 10 days, in writing, either personally or by mail, of the denial and the reasons therefore. The applicant may appeal such denial to the City Council provided such appeal is served on the City, personally or by mail, within 15 days of the date of the written notice of denial and payment ofan appeal fee in an amount to be set by resolution of the City Council. § 3-1.312. Revocation or Suspension of License or Permit. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
(a) If the Planning Department determines that a Transient Rental License or Permit is not in good standing, the Planning Department must bring an item to the Planning Commission to consider whether to revoke or suspend the Transient Rental License or Permit. (b) Any Transient Rental License or Permit must be revoked or suspended where:
(1) The licensee or Perrnittee has violated any provision of this Municipal Code as it relates to the Transient Rental License or Permit, this article, or the terms and conditions of the Transient Rental License or Pem1it, without curing the violation prior to the time a revocation or suspension action is brought;
(2) Where the license or Permit has been granted on false or fraudulent evidence, testimony or application; or
(3) The licensee or Permittee has this article or a condition of approval three or more times, even if cured.
(c) All matters pertaining to revocation or suspension shall be considered by the Planning Commission. The Planning Commission shall give notice of any proposed modification, suspension or revocation as set forth in subsection(c) of this section. At the hearing, the licensee or Perrnittee shall be given the opportunity to appear personally or through counsel, to be heard, to defend the charges and to call witnesses. Upon good cause shown, the licensee or Permittee shall be entitled to a continuance until the next meeting of the Planning Commission. After conducting such hearing, the Planning Commission may revoke, suspend for a stated time period, or reinstate any license or permit upon such terms and conditions as in the exercise of sound discretion is determined to be appropriate. The decision of the Planning Commission may be appealed to the City Council.
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City of Avalon. CA
§ 3-1.310 § 3-1.312
( d) The Planning Commission shall notify the person owning or operating a use for which a modification, suspension, or revocation of a Transient Rental License or Permit, which was the subject of a public hearing for modification, suspension, or revocation, and such other persons known to the Planning Commission as having any right, title or interest in the property, of
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City of Avalon, CA
§ 3-1.3 12 § 3-1.3 15
the action taken by the Planning Commission. Said notification of the action by the Planning Commission shall be made either by serving a notice in the manner required by the law for the service of a summons, or by mailing a written notice using registered or certified mail, postage prepaid, with a return receipt requested. Notice for such modification, suspension, or revocation hearing shall also be provided as required for the granting of a Transient Rental License or Permit.
§ 3-1.313. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021] NO
OPERATION OF TRANSIENT RENTAL PROVISIONS
No person whose Transient Rental License or Permit has been revoked or suspended shall engage in or carry on the business during the period of suspension or after revocation. Violations of this provision shall be punishable as a misdemeanor.
§ 3-1.314. Delivery and Proof of Notice. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
Except for notice of a public hearing to consider an application, modification, suspension, or revocation for a Transient Rental License or Permit, any notice required to be given under this article may be given either personally to the licensee or to any employee at the place of business if the licensee is absent from the place of business, or by depositing the notice with the United States Postal Service in a sealed envelope, postage prepaid, addressed to the person listed in the application. Service shall be deemed to be completed at the time of deposit. Proof of giving service may be made by affidavit of any officer or employee of the City or law enforcement personnel, showing service in conforn1ity with this article.
§ 3-1.315. Non-transferability. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
(a) No Transient Rental License or Conditional Use Permit shall be transferable, except as described herein. For purposes of this section, a permissible "transfer" shall only mean a onetime permissible transfer of a Transient Rental License or Conditional Use Permit by grant or gift to immediate family members (defined as spouses, siblings, children, grandchildren or parents), or as part of a fami ly trust. A "transfer" in the event of death of the licensee or permittee to any of the immediate fami ly members defined in this section shall not be prohibited under this section and shall qualify as a one-time permissible transfer. (b) Whenever there is any transfer of a Transient Rental License or transient rental CUP, the transferor shall promptly notify the City of the transfer and designate the person or entity as responsible for the license or permit and subject to any required regulations contained in this article.
(c) Any permissible one-time transfer of a transient rental CUP permitted under this section shall be treated as the first of two "sales" for purposes of§ 3-1.301 and the transition of use from CUP to Transient Rental License.
(1) Example. Person A has a current and valid Conditional Use Permit for transient rentals upon the effective date of this artic le. Person A then grants the property to which the Downloaded from https://ecode360.com/AV4054 on 2025 -06-0.'i 65059.00000\440265 I 9.2
City of Avalon, CA
§ 3- 1.315 §3-1.317
Conditional Use Permit relates to his or her immediate family member, Person B. Person B then sells the same property to Person C. Person A and Person B will be able to conduct transient rentals without applying for and obtaining a Transient Rental License under this article. However, Person C must apply fo r and obtain a Transient Rental License before he or she may conduct transient rentals because the Conditional Use Permit under which Person A and Person B conducted transient rentals has automatically expired upon the sale of the property, which was from Person B to Person C. Person A's granting of the property to Person Bis treated as the first of the two "sales" for pmposes of§ 3-1.301 and the transition of use from CUP to Transient Rental License. § 3-1.316. Annual Renewal and Expiration. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1,
2021)
(a) Transient Rental Licenses issued pursuant to this a11icle shall be renewed annually on or before January 1 of each year. The purpose of the annual renewal is to determine compliance with the provisions of this Municipal Code and any terms or conditions of a license issued under this article.
The Planning Department may, in the sound exercise of discretion, renew licenses without conducting an investigation upon the applicant's verification of the continuing validity of al l information submitted for initial issuance of the license. (b) Transient Rental Licenses that are not annually renewed in compliance with this article shall be submitted to the Planning Commission for suspension or revocation. § 3-1.317. Requirements and Standards Applicable to All Transient Rentals. [Added 12- 15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 11-16-2021 by Ord.
No. 1202-21, effective December 16, 2021])
(a) Registration, Inspection, and Licensing Requirements. (I) Any managing agency, agent, owner or property manager who rents one or more transient rentals shall be required to obtain a City business li cense. Failure to obtain a business license or continuing to operate a transient rental after revocation of a business license constitutes a misdemeanor pursuant to§ 1-2.01 of the Municipal Code, and may result in imposition of a fine upon conviction among other penalties. (2) All transient rentals shall be subject to collection of transient occupancy tax as required by the Municipal Code, and each managing agency, agent, owner and property manager of a transient rental shall collect and make payment to the City of the transient occupancy tax for their transient rental.
(b) Sign Requirements. Each transient rental unit shall have posted in a location that is clearly visible from the outside of the property one sign with the contents set forth below. The sign shall either be purchased at a reasonable cost through the City of A val on Pla1ming Department or consistent with a template provided by the City. The sign shall be made of material which affixes to a window, not to exceed two square feet in size, have lettering of sufficient si ze to be easily read from a place accessible to the public, and shall clearly contain the following information:
(I) Street address of the transient rental unit;
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City of Avalon. CA
§ 3-1.315 § 3-1.3 17
(2) Allowed maximum occupancy for the transient rental unit; Downloaded from https://ecode360.com/A V4054 on 2025-06-05 65059.00000\440265 I 9.2
City of Avalon. CA
§ 3-1.3 17 § 3-1.317
(3) Name of the managing agency, agent, property manager, or owner of the unit, and a local telephone number at which that party or his agent may be reached on a twenty- fourhour basis; and (4) City of Avalon Business License Number
(c) Advertising Requirements. Any sign or online posting advertising the available use of a transient rental unit must meet all of the advertising and sign requirements found in the A val on Municipal Code, including identification of the property's City of Avalon Business License Number.
( d) Notice and Rental Agreement Requirements.
(1) Upon check-in, the managing agency, agent, prope1iy manager, owner of the unit or other designee must meet all transient rental guests in person prior to providing access to the property to review rental regulations and verify the number of guests arriving are in compliance with the unit's occupancy limits.
a. The managing agency, agent, property manager, owner of the unit or other designee must maintain a valid City of Avalon Business License.
(2) Each transient rental unit shall have a clearly visible and legible notice posted within the unit on or adjacent to the front door, containing the following information:
a. The name of the managing agency, agent, property manager, or owner of the unit, and a local telephone number at which that party or his/her agent may be reached on a twenty-four-hour basis;
b. The maximum number of occupants permitted to stay in the unit; c. Notification that trash and refuse shall not be left or stored on the property, the scheduled dates and times for pick-up at the location, and an explanation of the City's recycling program;
d. Notification that failure to conform to the parking and occupancy requirements of the structure is a violation of this section;
e. When the City has enacted water conservancy measures by ordinance, notice of the requirements of such ordinance and a request that occupants conserve water as much as possible in the use of showers, baths, faucets and laundry; f. Notification that use of unenclosed decks and patios between 9:00 p.m. and 8:00 a.m. is prohibited where such use generates noise which would disturb or annoy a reasonable person occupying the adjacent properties; and g. A statement that Avalon has a "zero tolerance" policy towards nuisances, rowdy and disruptive behavior and advising that the occupancy will be immediately terminated for violations of this policy.
(3) The foregoing information shall be stated in the rental information and agreement provided to prospective renters prior to their occupancy of the unit. (e) Vehicles. Off-street parking shall be provided on or off site such that all vehicles bearing Downl oaded from https://ecode3 60.com/A V4054 on 2025-06-05 65059.00000\440265 19.2
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§ 3-1.3 17 § 3-1.317
permits issued for the unit can be parked off street, except when used pursuant to a temporary permit issued to the owner as provided in Title 4. The owner, agent and managing agency shall comply with the A val on vehicle ordinance which (I) permits transient renters to only use the vehicle which is permitted for the location; and (2) prohibits the owner, agent or managing agency from charging for the use of the vehicle, except:
(1) Properties located in the "flats" (as defined in § 9-5.406) and properties located in the condominium known as "Bahia Vista," "Canyon Terrace," and "Sol Vista" shall not include a vehicle to be used by transient guests.
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City of Avalon. CA
§ 3-1.3 17 § 3-1.3 17
(f) Trash. The owner or managing agent shall provide written information to each transient occupant setting out the schedule for trash pick-up at the location and an explanation of the City's recycling program and ensure that there are adequate materials for disposing of trash in accordance with the City's program. All trash containers shall be secured against animal 111curs1on.
(g) Maximum Occupancy. The maximum occupancy for transient rentals shall be two persons (including children and infants) per bedroom, plus two; provided the Planning Commission in its discretion may establish a different maximum number where appropriate and reasonable to permit fewer persons that the foregoing formula might otherwise allow and may also increase the number that would otherwise be allowed under the foregoing formula where facts are presented demonstrating that the configuration of the property warrants it. Reasons for establishing a different maximum occupancy number include, but are not limited to:
(l) Size and location of the property;
(2) Distinction between single- and multi-unit properties; and (3) Number and size of each sleeping room in the transient rental unit. (h) Unenclosed Areas. The use of unenclosed areas, such as decks and balconies, attached to each transient rental unit shall be prohibited between the hours of 9:00 p.m. and 8:00 a.m. Monday through Sunday.
(i) Noise. The occupants of the transient rental shall at all times remain in compliance with the Noise Ordinance as outlined in Chapter 5-13 of this Municipal Code. (j) Code Compliance, Fire Safety and Inspection. Each dwelling unit used for transient rental within the City is subject to all of the following inspection requirements:
(1) The owner shall be responsible for compliance with all codes regarding Fire, Building and Safety, Health and Safety and other relevant laws and the requirements of paragraph (8) of this subsection.
(2) Any transient rental unit which was permitted or legally nonconforming and in existence prior to the effective date of this subsection shall be made available for inspection within 30 days after the effective date of this subsection.3 The City shall endeavor to inspect all such units within 180 days of the effective date of this subsection. The Planning Department shall coordinate with the property owner and the inspectors to arrange for notice and the date of inspection. Within 15 days following inspection, the inspectors shall submit an original, signed inspection report to the Planning Department, or, where applicable, provide notice that the property owner has unreasonably prevented inspection. Failure to cooperate with the scheduling of the inspection shall subject the approval to use the unit as a transient rental to revocation. Any new transient rental unit established after the effective date of this subsection shall be inspected prior to commencement of the use, which inspection shall be scheduled and conducted within 30 days of approval. In addition to the registration for each unit as required in subsection (a) of this section, an original, signed inspection report for each unit shall be submitted to the Director of Finance in order to obtain approval to use the unit as a transient rental.
3. Editor's Note: Article 3 was adopted 12- 15-2020 by Ord. No. 1192-20; effective February I, 2021.
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City of Aval on, CA
§ 3-1.3 17 § 3-1.3 17
(3) Inspections shall be conducted by a qualified inspector(s) authorized and approved by the City to conduct such inspections. Inspectors shall demonstrate appropriate qualifications to conduct the required inspections as determined by the Building Official or the Fire Department, as applicable. The cost of such inspections, plus any administrative charges shall be paid by the owner pursuant to the City's adopted fee schedule. The City shall make every reasonable effort to ensure that inspections are completed in a timely manner.
(4) After the initial inspection, each rental unit shall be reinspected no less than once every three years following the original inspection. Verification of inspection will be done at the time of business license renewal. Failure to submit inspection reports shall result in revocation of approval to use the unit for transient rentals. (5) Inspections shall verify compliance with all applicable provisions of this section. (6) If upon completing an inspection of a transient rental, the inspector(s) determines that the unit is not in conformance with this section, the inspector shall provide the managing agency, agent, owner or property manager with a list of required corrections, set a reasonable time for correction and a date for reinspection. A copy of the foregoing shall also be given to the Planning Department. If the unit is registered with the City as a transient rental, approval by the City to use the unit for transient rental shall be suspended until correction and reinspection if determined by the inspector to present an immediate health and safety hazard, and submission of a new inspection repo1t for the unit indicating compliance with this section. If the unit is not yet registered with or approved by the City, approval for its use as a transient rental shall be withheld until submission of a new inspection report for the unit indicating compliance with this section. (7) Noncompliance by an owner, managing agency, property manager or agent of the requirements for registration, inspection and operation of transient rentals may result in the revocation of the business license and Transient Rental License authorizing the use, and upon revocation, no new business license or Transient Rental License may be issued to the same transient rental licensee for a period of 12 months following such revocation. (8) The following requirements for transient rentals will be evaluated upon inspection of each unit, and shall constitute minimum requirements. The unit must be brought into conformance with these requirements and any other applicable codes and ordinances in order for the use to be allowed.
a. Required sign and notice must be posted, and address of unit must be legible from outside the property unless exempted.
b. Smoke detectors shall be installed within each sleeping room and at a point centrally located in the corridor or area giving access to each separate sleeping room. Battery-operated smoke detectors are acceptable, provided that they are maintained in good working order at all times, or except as required by other applicable codes. Where fire suppression systems have been installed, such systems shall also be subject to the inspection and testing requirements set forth in Downloaded from https://ecode360.corn/A V4054 on 2025-06-05 65059.00000\440265 I 9.2
City o f Avalon. CA
§3-1.317 § 3-1.3 17
Title 4, Chapter 3.
c. The transient rental shall be equipped with a minimum of one 2A: I 08:C type extinguisher with 75 feet of travel distance to all portions of the structure; there shall be no less than one such extinguisher per floor. Fire extinguishers shall be mounted in visible locations with the tops of the extinguishers mounted between three feet and five feet above the floor and shall be accessible to occupants at all times. California State Fire Marshal annual certification tags must be provided and be current on all extinguishers.
d. Any locking mechanism on outside doors must be operable from inside the unit without the use of a key. ff the dwelling unit is greater than 3,000 square feet in area, two exit doors shall be required, each of which shall conform to this requirement.
e. Transient rentals shall be maintained in a clean and sanitary condition and free from hazards, which shall include meeting the following requirements:
1. There shall be no exposed wiring, improper wiring materials, or overloaded electrical circuits;
2. There shall be no permanent use of extension cords for appliances, heaters, lamps or other fixtures;
3. There shall be no leaking fixtures, clogged or leaking wastewater lines;
4. Faucets and fixtures shall be maintained in working conditions;
5. Showers, sinks and bathing facilities shall be clean and properly maintained;
6. There shal I be no evidence of pest infestations;
7. If directed by the Fire Department, bedroom windows shall be operable to allow for emergency egress:
8. There shall be at least one window per bedroom, to allow for proper interior ventilation;
9. There shall be no accumulation of trash and/or debris on the site or within the unit;
10. All steps, stairways, decks and railings shall be stable and structurally sound;
11. All standard appliances, including but not limited to kitchen appliances, furnaces and water heaters, shall be operational;
12. Any hot tubs, pools and spas shall be fenced or equipped with an approved cover with locking mechanisms as required by State law, and shall be maintained in a safe and sanitary condition;
13. Any lofts or attic conversions shall be provided with acceptable exiting and head clearance; stairs or providing access to these areas shall be safe and Downloaded from https://ecodc360.com/A V4054 on 2025-06-05 65059.00000\440265 19.2
City of Avalon, CA
§ 3-1.3 17 § 3-1.317
structurally sound; and
14. Exits shall remain clear of storage, debris or impedance at all times. (9) The managing agency, agent, property manager, or owner of the unit whose name and local telephone number appears on the sign pursuant to subsection (b) of this section or pursuant to a conditional use permit and/or who is identified in the Transient Rental License must maintain a physical presence within the geographical limits of the City of Avalon during the term of the transient rental unit lease in order to provide response to complaints within 30 minutes of notification. Failure to be available or failure to answer the telephone shall be deemed the same as failure to respond. (k) Annual Minimum Stay. Any managing agency, agent, owner or property manager who rents one or more transient rentals shall be required to ensure a minimum stay of at least ten (10) nights in each transient rental per calendar year.
§ 3-1.316. Annual Renewal
The City Council shall annually review the need to consider further regulations or restrictions to this article, including but not limited to revising the cap on the total number of short-term rentals to ensure the City is maintaining a balance of preserving affordable housing stock with the economic benefits derived from short-term rentals.
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City ofA\•al oA, CA
§ 3 1.301 § 3 1.302
ARTICLE 3
Transient Rental LieeesesRentals
§ 3-1.30. Purpose.
The purpose of these transient license regulations is to establish a comprehensive regulatory framework for transient licenses within the City of Avalon for properties rented for fewer than 30 days. The City recognizes that short-term rentals contribute significantly to economic development and allow visitors to experience the unique island community of Avalon and assist in providing access to the coast.
Because residential transient rentals are an accessory residential use. and to safeguard the public health and safety and mitigate potential negative impacts to nearby residents, the regulations herein balance the benefits of transient rentals and impacts they may have upon adjacent residential uses. These regulations also limit the number of transient rentals to ensure the availability of full-time residential housing stock in the City, a critical concern given the inherent limitation on new construction and available property for residential development. § 3-1.301. Definitions. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 20211 2021]
For purposes of this article, words and phrases used herein are defined as follows:
DWELLING UNIT - Shall have the same meaning ascribed to "dwelling units" in § 9-3 .604 of the Municipal Code.
GOOD ST ANDING - Shall mean operation of a Transient Rental License or Conditional Use Permit consistent with the requirements of this Municipal Code and all conditions of approval. A Transient Rental License or Conditional Use Permit that is cured of violations is considered in good standing.
LICENSEE- Shall mean a person who has been issued a Transient Rental License pursuant to this article or a Conditional Use Permit under other or prior authority.
OWNER: Shall mean the person or entity who owns the residential unit proposed for or operated as a transient rental.
PERSON - Shall mean and include any individual or family owning the underlying parcel or lot where a transient rental is sought or maintained (the "property"). Person shall also include a partnership, trust. corporation or association that owns the property applicable to this article.
SECOND SALE - Shall mean and include the second sale of the property after the effective date of this article! Persons with current and valid Conditional Use Permits for transient rentals may continue to conduct transient rentals under such Conditional Use Permits without applying for and obtaining Transient Rental Licenses under this article, except that such Conditional Use Permits shall remain valid only until such time that the property that the Conditional Use Permit is tied to is sold twice, at which time the Conditional Use Permit shall automatically expire, and the second buyer must apply for and obtain a Transient Rental License under this article in order to conduct transient rentals.
(a) Example. Person A has a current and valid Conditional Use Permit for transient rentals upon the effective date of this article. Person A then sells the property with the Conditional Use Permit for transient rentals to Person B. Person B then sells the same property to Person C. Person A and Person B will be able to conduct transient rentals without applying for and obtaining a Transient Rental License under this article.
However, Person C must apply for and obtain a Transient Rental License before he or she may conduct transient rentals, because the Conditional Use Permit under which Person A and Person B conducted transient rentals has automatically expired upon the second sale of the property, which was from Person B to Person C.
TRANSIENT RENT AL - Shall mean and include the renting or leasing of a room or rooms with or without table board in any dwelling or dwelling unit for periods of fewer than 30 consecutive days duration.
§ 3-1.302. Transient Rental License Required. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, ~ 2021)
@l fat-Except as provided in subsection (b ), no person shall commence or carry on, either directly or indirectly, any transient rental without first having obtained and maintained in good standing a Transient Rental License under this article. Each day that a transient rental is commenced or carried on without such Transient Rental License shall constitute a separate violation of this Municipal Code. The use of signs, circulars, cars, telephone books, newspapers--aoo, online short term rental platforms and any other forms of advertisement to hold out, or represent that a person is conducting transient rentals in the City, or when any person holds an active license or permit by a governmental agency indicating that a person is conducting transient rentals in the City shall constitute -h
Editor's Note: Article 3 was adopted 12-15-2020 by Ord. o. 1192-20; effective February I, 2021.
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§ 3-1 .302 § 3-1 .306
Ci!)' e f/\yaJ eR, CA
§ 3 1.302 § 3 1.306
prima facie evidence that such person is conducting transient rentals in the City . .{hl Eb}-No person in possession of a current and valid Conditional Use Permit, or a grandfathered Conditional Use Permit, for Transient Rental, that allows such person to conduct transient rentals on his or her property shall be required to obtain a Transient Rental License under this article, provided, however, and notwithstanding § 9-8.408, that any and all such Conditional Use Permits shall automatically expire upon the second sale of the property to which such Conditional Use Permits relate pursuant to § 3-1.301. Where a Conditional Use Permit has expired pursuant to this article, no person shall commence or carry on, either directly or indirectly, any transient rental without first having obtained and maintained in good standing a Transient Rental License under this article.
§ 3-1.303. Unlawful Business Not Authorized. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, m 2021)
Transient Rental Licenses issued under the provisions of this article shall not be construed as authorizing anyone to conduct any illegal or unlawful activity or business. § 3-1.304. Duplicate License. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, rn
2021)
A duplicate Transient Rental License may be issued by the Planning Commission to replace any Transient Rental License previously issued which has been lost or destroyed upon the licensee filing a statement attesting to such fact and on payment of a duplicate license fee in an amount set by resolution of the City Council.
§ 3-1.305. Enforcement and Penalties. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 11-16-2021 by Ord. No. 1202-21, effective December 16, m 20211
ill It shall be the duty of the Planning Department or its authorized representative to enforce each of the provisions of this article, including the collection of fees, penalties and interest.
The Planning Commission shall be responsible for the issuance of all Transient Rental Licenses provided for in this article, and for the proper processing of all applications and registrants. The Planning Commission may make rules and regulations consistent with the provisions of this article as it deems necessary or desirable to aid in its administration and enforcement. i\ny person found to be in violation of any proYision of this article shall be guilty of a misdemeanor, and shall be subject to the imposition and payment of civil penalties as set forth by resolution of the City Council. On the second and each subsequent time that a person is issued a citation for the same violation of this article, e>(cept for § 3 l .3 l 7(j), in any h 1relve month period, the fine is increased as indicated by City Council resolution and the person cited shall be liable for the amount of the new fine until it is paid, in addition to being responsible for payment of previous fines. On the second and each subsequent time that a person is issued a citation for a violation of§ 3 l .3 l 7(j), the fine is increased as indicated by City Council resolution and the person cited shall be liable for the amount of the new fine until it is paid, in addition to being responsible for payment of pre ... rious fines.
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City of Avalon CA
§ 3-1.302 § 3-1.306
hl Violations of this article may be punished as follows:
1. Violations of this article or conditions of approval for transient rentals that pose a threat to public health and safety, shall constitute infractions and shall be punishable as authorized in California Government Code Section 36900, in the following amounts:
$1,500 for the first violation of this article.
$3,000 for the second violation ofthis article.
$5,000 for each additional violation of this article that occurs within one year of the first violation.
!1. Violations of this article or conditions of approval for transient rentals that do not constitute a threat to public health and safety shall be punishable as infractions, in the following amounts:
$100 for the first violation of this article.
$200 for the second violation of this article.
$500 for each additional violation ofthis article that occurs within one year of the first violation.
u1. Any violation of this article may be punishable by an administrative citation as provided in Chapter 1-9 of Title 1 of this Municipal Code. 1v. The Planning Department is authorized to establish and implement a process to grant and document a hardship waiver to reduce the amount of a fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
£1 Except as stated herein, each administrative citation for a violation of any provision of this article may be imposed against one or more of: the owner of the transient rental property, the owner's agent, a hosting platform, and any person with possession or control of the property at the time a violation ofthis article occurred, including but not limited to, lessees or renters.
The City may initiate suspension or revocation of a license or permit after one violation. Each violation which occurs is a separate violation, even if each violation occurs on the same calendar day, for which the City may issue a separate administrative citation and/or fine. g)_ The failure of an owner or the owner's agent to comply with lawful order of any fire, law enforcement, code enforcement or any other officer acting in promotion of public safety may result in revocation or suspension of the license or permit. ~ Appeals of citations issued under this section may be conducted in the manner provided in Title 1 of this Municipal Code. Appeals of suspensions and revocations shall be conducted in the manner provided by this article.
D. In addition to, and not in lieu of any other remedy allowed by law, all remedies prescribed under this article are cumulative, and the election of one or more remedies does not bar the City from pursuing any other remedy, whether criminaL civil, or administrative, through which the City may enforce this article or address any violation of this Municipal Code or to Downloaded from https://ecode360.com/A Y4054 on 2025-06-05 65059.00000\440265 I 9.2
City of Avalon CA
§ 3-1.302 § 3-1.306
remedy any other public nuisance.
gl Owners and agents must ensure that all contact information on the license application is active and monitored regularly. The City will use the information provided on the application for all correspondence, unless otherwise instructed in writing by the owner or owner's agent.
§ 3-1.306. Additional Powers of the Planning Commission. [Added 12-15-2020 by Ord. No.
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City of Avalon, CA
§ 3-1 .306 § 3-1.309
Gil)· ef A·,.aleA, CA
§ 3 1.306 § 3 1.309
1192-20, effective February 1, m 20211
In addition to other powers conferred herein, the Planning Commission shall have the power to:
(a) Extend the time of filing any application, statement or registration not to exceed 30 days for good cause shown;
(b) Waive any penalty that would otherwise accrue; and, with the approval of the City Attorney, to compromise any claim for license fee or penalties under the provisions of this chapter. § 3-1.307. Applications for License. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, m 20211
Applications for a Transient Rental License required by this article shall be signed and verified by the applicant. City staff shall prepare the application form that Transient Rental License applicants must fill out. The application form may require the following, in addition to such other requirements as City staff may deem appropriate:
(a) The name, address, telephone, e-mail address and facsimile number, if any, of the applicant, which shall be the owner of the property for which a Transient Rental License is sought; (b) The name and address, telephone, e-mail address and facsimile number, if any, of the applicant's employer, if applicable. If the application is filed on behalf of a partnership, corporation or association, the applicant shall provide the names and addresses of the partners or principal officers and designate the name, address, telephone, e-mail address and facsimile number, if any, of the person authorized to accept service of process for the entity; (c) The property where the transient rental is to be conducted; and (d) Personal identification information for the applicant, including, but not limited to, date of birth, and a copy of a driver's license or identification card. § 3-1.308. License Fee. [Added 12-15-2020 by Ord. No.1192-20, effective February 1, m 20211 The fee for filing, processing of Transient Rental License applications, issuance of Transient Rental Licenses, issuance of Transient Rental License renewals, conducting on-site inspections of transient rental premises and collecting fees associated with such applications and enforcement shall be set by resolution of the City Council. Until established, the fee for filing and processing of a Transient Rental License shall be the fee established for a Transient Rental Conditional Use Permit. The fee shall be payable with the application for a Transient Rental License. § 3-1.309. License Hearing. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, m
20211
The Planning Commission shall have the power and authority to hear and conduct proceedings for the granting and issuance of all Transient Rental Licenses required by this article, and to revoke or suspend any licenses issued, subj ect to the limitations contained herein. The decision of the Planning Commission shall be final unless a timely appeal is taken to the City Council. The Planning Commission shall be governed by the following procedures:
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§ 3-1.309
City of Avalon, CA
§ 3-1.309 § 3-1 .309
City of Aval oR, CA
§ 3 l.3Q9 § 3 l.3Q9
.(fil w License Application and Hearing. The Planning Commission shall formulate all necessary rules and regulations governing the Transient Rental License application and investigation thereof. The owner applying for a Transient Rental License must attend the hearing of the Planning Commission, in person or virtually. The Planning Commission may require reports from the City's law enforcement agency or other City departments and officials concerning the effect of granting the license on the public health, safety and welfare. The Planning Commission shall hold a public hearing to consider each application for a Transient Rental License under this article, for which notice shall be given as set forth in subsection (b) of this section. Applicants may be represented by counsel and present all pertinent and relevant information pertaining to the application, and to be heard and to call witnesses on their behalf.
However, the applicant's failure to appear at the hearing of the Planning Commission without a valid excuse will act as independent ground for denial of the Transient Rental License unless the Planning Department is presented with a valid reason for such absence at least 72 hours prior to the hearing, such as a disability-related need under the Americans with Disabilities Act (ADA) and the Planning Commissions excuses such absence. The hearing may be continued from time to time as determined necessary by the Planning Commission or upon request of the applicant upon good cause being shown.
{Q)_ fbt-Notice. Not less than 10 days prior to the date of a hearing on an application for a Transient Rental License, the Planning Commission shall give notice which shall include the time, place, and purpose of such hearing, the location of the property under consideration, and such other information as it deems necessary as provided herein:
(1)
(2)
(3)
(4)
{fl
61 Cause a copy of such notice to be published once in a newspaper of general circulation in the City of Avalon;
Cause such notice to be mailed by first-class mail, postage prepaid, to the applicant and to all persons whose names and addresses appear on the latest available assessment roll of the County of Los Angeles as owning property within a distance of 300 feet from the exterior boundaries of the area for which an application for a Transient Rental License is filed, and to such other persons whose property or interests might, in the judgment of the Planning Commission or its designee, be affected by the issuance of the Transient Rental License requested. The Planning Commission shall also cause to be posted on the subject property in a location clearly visible from the street, a notice which measures at least 11 inches by 14 inches and which contains the information included in the notice as set forth in paragraph ( 1) of this subsection; and
If the Planning Commission finds that the mailing of notices prescribed elsewhere in this section may not give sufficient notice to said persons, then such notices shall be posted at such locations as are deemed best suited to reach the attention of and inform those persons who may be affected.
Such notice shall be in addition to any notice required for the issuance of a Local Coastal Permit.
Reconsideration of Notice Provisions. The Planning Commission shall reconsider the notice provisions set forth in subsection (b) of this section two years after the adoption of this Downloaded from https://ecode360.com/AV4054 on 2025-06-05 65059.00000\440265 I 9.2
t
Citv of Avalon CA
§ 3-1.309 § 3-1.309
article. 2
Cap on Licenses and Conditional Use Permits: Once the number of Transient Rental Licenses, Conditional Use Permits or Grandfathered Conditional Use Permits reaches 410 units, no other such licenses or permits may be issued. The City Manager shall create Procedures for the Consideration of Licenses (Procedures) after the cap has been reached, which may take the form of a waitlist or lottery of applicants. and shall present such Procedures to the City Council for approval. The Procedures must require that only applications that are deemed complete may be considered for a License.
@ fdt-lssuance of Licenses. The Planning Commission shall have the power to grant Transient Rental Licenses required by this article only when all necessary clearances have been obtained from law enforcement and other involved City departments and officials, and where it has received no evidence indicating that the public health, safety or welfare or the purposes b ~ Editor's Note: Article 3 was adopted 12-15-2020 by Ord. No. 1192-20; effective February I, 2021.
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.eern,l,<\V10S1 0A 202S 07 30
§ 3-1.309 § 3-1.309
City of Avalon CA
§ 3-1.309 § 3-1.310
City ef A>,•al eR. CA
§ 3 1.309 §31.310
of this article will be injured by the granting of such license. § 3-1.310. Basis for Approval or Denial of Transient Rental License. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
@l fat-The Planning Commission may, with such conditions as are deemed necessary, approve a Transient Rental License which will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare, or be materially detrimental to the property of other persons located in the vicinity of such use.
D2). fet-ln making such determination, the Planning Commission shall find that the proposed transient rental use is in general accord with the following principles and standards:
(1) The nature, condition, and development of adjacent uses, buildings and structures shall be considered and no proposed transient rental use shall be permitted where such use will adversely affect or be materially detrimental to said adjacent uses, buildings and structures;
(2) The site for a proposed transient rental use shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping_,. outdoor entertaining areas and other development features prescribed in this chapter or as required as a condition in order to integrate said use and not be detrimental with the uses in the neighborhood;
(3) The site for a proposed transient rental use shall be served by highways and streets adequate in width and improved as necessary to carry the kind and quantity of traffic such use would generate.
ill That the transient rental use must be ancillary to the residential use of residential unit, and would not create a commercial use in a residential zone. Whether a use is for a commercial use may be determined by the number of transient rental licenses previously granted to the applicant, the applicant's reason for the license and the nature of the requested license and any other factors presented in the application or at the hearing. ~ t
61 Conditions imposed by the Planning Commission for a Transient Rental License may involve any pertinent factors affecting the establishment, operation and maintenance of the requested transient rental use, including, but not limited to:
(1) Special yards, open spaces and buffer areas;
(2) Fences and walls;
(3) Parking facilities, including vehicular ingress and egress and the surfacing of parking area and driveways to specified standards;
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City of Avalon CA
§ 3- 1.309 § 3-1.3 I 0
(4) Street and highway dedications and improvements including sidewalks, curbs and gutters;
(5) Water supply and fire protection;
(6) Landscaping and maintenance of grounds;
(7) Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation; (8) Regulation of operating hours for activities affecting normal neighborhood schedules and functions;
(9) Regulation of signs, including outdoor advertising; and Downloaded from https://ecode360.com/A V4054 on 2025-06-05 65059.00000\440265 I 9.2
§3- 1.310
City of Avalon CA
§ 3-1.310 §3-1.310
City of A\•el oR, CA
§ 3 1.310 § 3 1.310
.LlQ} ~ Such other conditions as will make possible the development of the proposed transient rental use in an orderly and efficient manner and in general accord with all elements of the General Plan and the intent and purpose of this chapter. (d) The Planning Commission shall deny the requested Transient Rental License where-the-~ ill The findings indicate, and the Commission determines, that the applicant has failed to show that the requested transient rental use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity of such use, and reasonable restrictions or conditions to license the establishment of the proposed use will not prevent detriment or menace as indicated.
ill The applicant fails to attend the hearing of the Planning Commission in person or virtually, unless a valid excuse is provided.
ill The applicant has previously had a Transient Rental License revoked for failure to maintain such license in good standing or for violation of the Municipal Code or any condition of the permit or had a conditional use permit revoked for violation of any requirement of this Municipal Code or violation of any condition of approval of the permit.
ill The applicant previously operated a transient rental without a Transient Rental License.
In deciding whether to deny the Transient Rental License on this basis, the Planning Commission may determine, in its reasonable discretion, whether substantial evidence supports that the applicant was not acting in bad faith when engaging in an illegal transient rental operation based upon: (I) the length of time that the operator failed to obtain a valid transient rental, (2) the length of time between when the operator was notified of the illegal operation and the time when the operator applied for a license, (3) whether the operator immediately discontinued illegal transient rental operation upon notice, (4) whether only one transient rental unit was operated, and (5) whether the operator was a sophisticated party, meaning the operator or its affiliates have engaged in transient rental operation previously. The applicant has the burden of presenting evidence that prior illegal transient rental operation was not conducted deliberately or in bad faith.
ill The property proposed for transient rental use is out of compliance with any requirement of this Municipal Code at the time the Planning Commission hears the application. (e) In addition to the foregoing, the Planning Commission shall consider the following in connection with an application for a Transient Rental License:
ill f
B Year-Round Rental Status. In the absence of adequate mitigating measures proposed by the applicant, the application should be denied where the subject property is or has been rented for periods of more than 30 consecutive days to the same occupant at any time during the two years preceding the application.
ill ~ Neighborhood Impacts. The Planning Commission shall consider the objections of Downloaded from https://ecode360.com/A V4054 on 2025-06-05 65059.00000\440265 I 9.2
City of Avalon CA
§ 3-1.310 §3-1.310
the owners and occupants of neighboring properties in determining whether the proposed transient rental use is consistent with the surrounding properties and the extent to which such impacts may be mitigated by the imposition of the standard conditions listed below or by the imposition of additional conditions. The Planning Commission may consider objections previously made in connection with applications for transient rental use at other properties located within the same general area as the subject application; however, the Planning Commission should consider the time between the prior application and the subject application, the geographical proximity of the subject application to the prior application, any differing circumstances, and additional mitigating measures proposed by the applicant, and changes in the general area, in determining the weight to be given such prior objections.
(3) Single and Multiple Unit Properties. In the absence of other negative findings, the Planning Commission should approve the application:
a. Where the propert)' is the only unit o•Nned by the applicant in the City and the applicant proposes to use the propert)' himself from time to time; or b. \l/here the subject propert)' contains multiple units, and those other units are utiliwd for year round rental or occupancy, or the applicant owns other separate properties in the City of Avalon which are utili:z:ed for year round rental or occupancy. ill f4-t-Condominium Associations Having 10 or More Units. In the case of an application concerning property located within a condominium or similar congregate housing project consisting of 10 or more units, the applicant shall be required to demonstrate that any-provide written approval from the governing body of the subject association generally allovrs consenting to the allowance of the transient rental t¼SeSuse at the condominium or congregated housing project.
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~ itv o, A~~~ CA a .. n4'1a7P4 m, nltjls:/teeede360.een-JAV40S4 en 202S 07 30 §3-1.310 § 3-1.310
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City of Avalon, CA
§ 3-1.310 §3-1.312
City 0f.'\vel 0A, CA
§31.310 §31.312
ill ~ The Planning Commission shall consider whether granting the Transient Rental License shall result in any year round residence located adjacent to the proposed transient rental having more than a majority of the adjacent residences permitted or licensed for transient rental use. "Adjacent" means having a common property line with the proposed transient rental unit except for the existence of a public street or alley. fet-- The total square footage of the dwelling unit and the site of each bedroom shall be considered for determining whether to grant the Transient Rental License. ill t
t) The Planning Commission shall impose as a condition all of the requirements and standards set forth in § 3-1.317, plus such additional conditions which the Planning Commission determines are appropriate to mitigate the impacts of such transient rental use. § 3-1.311. Appeal from Denial of License. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, ™-1-1-2021)
In all cases where the Planning Commission denies the Transient Rental License application, it shall notify the applicant within 10 days, in writing, either personally or by mail, of the denial and the reasons therefore. The applicant may appeal such denial to the City Council provided such appeal is served on the City, personally or by mail, within 15 days of the date of the written notice of denial and payment of an appeal fee in an amount to be set by resolution of the City Council. § 3-1.312. Revocation or Suspension of License or Permit. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, ™-1-1-2021)
w If the Planning Department determines that a Transient Rental License or Permit is not in good standing, the Planning Department must bring an item to the Planning Commission to consider whether to revoke or suspend the Transient Rental License or Permit. .(hl fat-Any Transient Rental License issued under this article mayor Permit must be revoked or suspended where:
(1) The licensee or Permittee has violated any provision of this article;Municipal Code as it relates to the Transient Rental License or Permit, this article, or the tem1s and conditions of the Transient Rental License or Permit, without curing the violation prior to the time a revocation or suspension action is brought;
(2) Where athe license or Permit has been granted on false or fraudulent evidence, testimony or application; or
(3) '.llhere the licensee has violated the terms and conditions of the license, including, but not limited to, the timely payment of fees required by this article.The licensee or Permittee has this article or a condition of approval three or more times, even if cured . .(£1 fet-All matters pertaining to revocation or suspension shall be considered by the Planning Commission. The Planning Commission shall give notice of any proposed modification, suspension or revocation as set forth in subsection(c) of this section. At the hearing, the licensee or Permittee shall be given the opportunity to appear personally or through counsel, Downloaded from htt ps://ecode360.com/AV4054 on 2025-06-05 65059.00000\440265 I 9.2
Citv of Avalon, CA
§3-1.310 § 3-1.312
to be heard, to defend the charges and to call witnesses. Upon good cause shown, the licensee or Permittee shall be entitled to a continuance until the next meeting of the Planning Commission. After conducting such hearing, the Planning Commission may revoke, suspend for a stated time period, or reinstate any license or permit upon such terms and conditions as in the exercise of sound discretion is determined to be appropriate. The decision of the Planning Commission may be appealed to the City Council. @ fet-The Planning Commission shall notify the person owning or operating a use for which a modification, suspension, or revocation of a Transient Rental License or Permit, which was the subject of a public hearing for modification, suspension, or revocation, and such other persons known to the Planning Commission as having any right, title or interest in the property, of
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City of Avalon CA
§3-1.3 12 § 3-1.31 5
Gil)' e fAval eA, CA
§ 3 1.312 § 3 1.315
the action taken by the Planning Commission. Said notification of the action by the Planning Commission shall be made either by serving a notice in the manner required by the law for the service of a summons, or by mailing a written notice using registered or certified mail, postage prepaid, with a return receipt requested. Notice for such modification, suspension, or revocation hearing shall also be provided as required for the granting of a Transient Rental License or Permit.
§ 3-1.313. Nev.r Lieeese Required. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, m 2021) NO OPERATION OF TRANSIENT RENTAL PROVISIONS No person whose Transient Rental License or Permit has been revoked or suspended shall engage in or carry on the business during the period of suspension or after revocation until a new license shall have been granted, Violations of this provision shall be punishable as a misdemeanor. § 3-1.314. Delivery and Proof of Notice. (Added 12-15-2020 by Ord. No. 1192-20, effective February 1, m 2021)
Except for notice of a public hearing to consider an application, modification, suspension, or revocation for a Transient Rental License or Permit, any notice required to be given under this article may be given either personally to the licensee or to any employee at the place of business if the licensee is absent from the place of business, or by depositing the notice with the United States Postal Service in a sealed envelope, postage prepaid, addressed to the person listed in the application. Service shall be deemed to be completed at the time of deposit. Proof of giving service may be made by affidavit of any officer or employee of the City or law enforcement personnel, showing service in conformity with this article.
§ 3-1.315. Non-transferability. (Added 12-15-2020 by Ord. No. 1192-20, effective February 1, m 20211
(a) No Transient Rental License or Conditional Use Permit issued under this article shall be transferable, except as described herein. For purposes of this section, a permissible "transfer" shall only mean a one-time permissible transfer of a Transient Rental License or Conditional Use Permit by grant or gift to immediate family members (defined as spouses, siblings, children, grandchildren or parents), or as part of a family trust. A "transfer" in the event of death of the licensee or permittee to any of the immediate family members defined in this section shall not be prohibited under this section and shall qualify as a one-time permissible transfer.
(b) Whenever there is any transfer of a Transient Rental License or transient rental CUP, the transferor shall promptly notify the City of the transfer and designate the person or entity as responsible for the license or permit and subject to any required regulations contained in this article.
(c) Any permissible one-time transfer of a transient rental CUP permitted under this section shall be treated as the first of two "sales" for purposes of§ 3-1.301 and the transition of use from CUP to Transient Rental License.
ill f-1+-Example. Person A has a current and valid Conditional Use Permit for transient rentals upon the effective date of this article. Person A then grants the property to Downloaded from https://ecode360.com/AV4054 on 2025-06-05 65059.00000\440265 I 9.2
City of Avalon CA
§ 3-1.312
which the
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§ 3-1.315
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City of Avalon CA
§ 3-1.315 § 3-1.317
City efA•,•eleR, CA
§ 3 1.315 § 3 1.317
Conditional Use Permit relates to his or her immediate family member, Person B. Person B then sells the same property to Person C. Person A and Person B will be able to conduct transient rentals without applying for and obtaining a Transient Rental License under this article. However, Person C must apply for and obtain a Transient Rental License before he or she may conduct transient rentals because the Conditional Use Permit under which Person A and Person B conducted transient rentals has automatically expired upon the sale of the property, which was from Person B to Person C. Person A's granting of the property to Person Bis treated as the first of the two "sales" for purposes of§ 3-1.301 and the transition of use from CUP to Transient Rental License. § 3-1.316. Annual Renewal and Expiration. (Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 20211
20211
.(fil_ Transient Rental Licenses issued pursuant to this article shall be renewed annually on or before January 1 of each year. The purpose of the annual renewal is to determine compliance with the provisions of this Municipal Code and any terms or conditions of a license issued under this article.
The Planning Department may, in the sound exercise of discretion, renew licenses without conducting an investigation upon the applicant's verification of the continuing validity of all information submitted for initial issuance of the license, without payment of edditionel proeessing fees.
(b) Transient Rental Licenses that are not annually renewed in compliance with this article shall be submitted to the Planning Commission for suspension or revocation. § 3-1.317. Requirements and Standards Applicable to All Transient Rentals. (Added 12- 15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 11-16-2021 by Ord.
No. 1202-21, effective December 16, 2021112021)]
(fil fat-Registration, Inspection, and Licensing Requirements. (1) Any managing agency, agent, owner or property manager who rents one or more transient rentals shall be required to obtain a City business license. Failure to obtain a business license or continuing to operate a transient rental after revocation of a business license constitutes a misdemeanor pursuant to § 1-2.01 of the Municipal Code, and may result in imposition of a fine upon conviction among other penalties. (2) All transient rentals shall be subject to collection of transient occupancy tax as required by the Municipal Code, and each managing agency, agent, owner and property manager of a transient rental shall collect and make payment to the City of the transient occupancy tax for their transient rental.
ili} fl:+Sign Requirements. Each transient rental unit shall have posted in a location that is clearly visible from the outside of the property one sign with the contents set forth below. The sign shall either be purchased at a reasonable cost through the City of Avalon Planning Department or consistent with a template provided by the City. The sign shall be made of material which affixes to a window, not to exceed two square feet in size, have lettering of sufficient size to be easily read from a place accessible to the public, and shall clearly contain the following Downloaded from https://ecode360.com/A V4054 on 2025 -06-05 65059.00000\440265 I 9.2
City of Avalon CA
§ 3-1.315
information:
( l) Street address of the transient rental unit;
(2) Allowed maximum occupancy for the transient rental unit; aeeDownloaded from https://ecode360.com/A V4054 on 2025-06-05 65059.00000\440265 I 9.2
§ 3-1.317
Gi
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City of Avalon CA
§ 3-1.317 § 3-1.317
City of AYalon, CA
§ 3 1.317 § 3 1.317
ill ~ Name of the managing agency, agent, property manager, or owner of the unit, and a local telephone number at which that party or his agent may be reached on a twenty four hourtwenty- four-hour basis-:-; and
ill City of Avalon Business License Number
{£2 (et-Advertising Requirements. Any sign or online posting advertising the available use of a transient rental unit must meet all of the advertising and sign requirements found in the Avalon Municipal Code, including identification of the property's City of Avalon Business License Number.
@ ~ Notice and Rental Agreement Requirements.
ill Upon check-in, the managing agency, agent, property manager, owner of the unit or other designee must meet all transient rental guests in person prior to providing access to the property to review rental regulations and verify the number of guests arriving are in compliance with the unit's occupancy limits.
a. The managing agency, agent property manager, owner of the unit or other designee must maintain a valid City of Avalon Business License.
ill fB-Each transient rental unit shall have a clearly visible and legible notice posted within the unit on or adjacent to the front door, containing the following information:
a. The name of the managing agency, agent, property manager, or owner of the unit, and a local telephone number at which that party or his/her agent may be reached on a twenty-four-hour basis;
b. The maximum number of occupants permitted to stay in the unit; c. Notification that trash and refuse shall not be left or stored on the property, the scheduled dates and times for pick-up at the location, and an explanation of the City's recycling program;
d. Notification that failure to conform to the parking and occupancy requirements of the structure is a violation of this section;
e. When the City has enacted water conservancy measures by ordinance, notice of the requirements of such ordinance and a request that occupants conserve water as much as possible in the use of showers, baths, faucets and laundry; f. Notification that use of unenclosed decks and patios between l 0:00 p.m9:00 p.m. and 8:00 a.m8:00
f...a.m. is prohibited where such use generates noise which would disturb or annoy a reasonable person occupying the adjacent properties; and g. A statement that Avalon has a "zero tolerance" policy towards nuisances, rowdy and disruptive behavior and advising that the occupancy will be immediately tem1inated for violations of this policy.
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City of Avalon CA
§ 3-1.3 17 § 3-1.317
ill Rt-The foregoing information shall be stated in the rental information and agreement provided to prospective renters prior to their occupancy of the unit. ~ ~ Vehicles. Off-street parking shall be provided on or off site such that all vehicles bearing permits issued for the unit can be parked off street, except when used pursuant to a temporary permit issued to the owner as provided in Title 4. The owner, agent and managing agency shall comply with the Avalon vehicle ordinance which (1) permits transient renters to only use the vehicle which is permitted for the location; and (2) prohibits the owner, agent or managing agency from charging for the use of the vehicle, except:
ill flt-Properties located in the "flats" (as defined in § 9-5.406) and properties located in the condominium known as "Bahia Vista," "Canyon Terrace," and "Sol Vista" shall not include a vehicle to be used by transient guests.
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§ 3-1.3 17 §3-1.317
City of Avalon CA
§ 3-1.317 § 3-1.317
Cily efAyeJ en,. CA
§ 3 1.317 §31.317
ill fit-Trash. The owner or managing agent shall provide written information to each transient occupant setting out the schedule for trash pick-up at the location and an explanation of the City's recycling program and ensure that there are adequate materials for disposing of trash in accordance with the City's program. All trash containers shall be secured against animal incursion .
.(g} (:gj-Maximum Occupancy. The maximum occupancy for transient rentals shall be two persons (including children and infants) per bedroom, plus two; provided the Planning Commission in its discretion may establish a different maximum number where appropriate and reasonable to permit fewer persons that the foregoing formula might otherwise allow and may also increase the number that would otherwise be allowed under the foregoing formula where facts are presented demonstrating that the configuration of the property warrants it. Reasons for establishing a different maximum occupancy number include, but are not limited to:
(I) Size and location of the property;
(2) Distinction between single- and multi-unit properties; and (3) Number and size of each sleeping room in the transient rental unit. .(h). fht--Unenclosed Areas. The use of unenclosed areas, such as decks and balconies, attached to each transient rental unit shall be prohibited between the hours of 10:00 p.m9:00 p.m. and 8:00 a.m. Monday through Sunday.
ill Noise. The occupants of the transient rental shall at all times remain in compliance with the Noise Ordinance as outlined in Chapter 5-13 of this Municipal Code. ill fi-1-Code Compliance, Fire Safety and Inspection. Each dwelling unit used for transient rental within the City is subject to all of the following inspection requirements:
(1) The owner shall be responsible for compliance with all codes regarding Fire, Building and Safety, Health and Safety and other relevant laws and the requirements of paragraph f1+(8) of this subsection.
(2) Any transient rental unit which was permitted or legally nonconforming and in existence prior to the effective date of this subsection shall be made available for inspection within 30 days after the effective date of this subsection. 3 The City shall endeavor to inspect all such units within 180 days of the effective date of this subsection. The Planning Department shall coordinate with the property owner and the inspectors to arrange for notice and the date of inspection. Within 15 days following inspection, the inspectors shall submit an original, signed inspection report to the Planning Department, or, where applicable, provide notice that the property owner has unreasonably prevented inspection. Failure to cooperate with the scheduling of the inspection shall subject the approval to use the unit as a transient rental to revocation. Any new transient rental unit established after the effective date of this subsection shall be inspected prior to commencement of the use, which inspection shall be scheduled and conducted within 30 days of approval. In addition to the registration for each unit as required in subsection t2-f-(a) of this section, an original, signed inspection report for each unit shall be submitted to the Director of Finance in order to obtain approval to use the unit as a transient rental.
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Citv of Avalon, CA
§ 3- 1.3 17
Editor's Note: Article 3 was adopted 12-15-2020 by Ord. No. 1192-20; effective February I , 2021.
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§ 3-1.317
6iR; o' AJ;3Jo~ CA EhlHJBI! 7)111 liltf!S:llee00e360.eom/AV4054 BA 2025 O+ 30 § 3-1.3 17 § 3- 1.3 17
~\}1\W,ilieWHTu8~~9:qecode360.com/A V4054 on 2025-06-05 City of Avalon CA
§ 3-1.3 I 7 § 3-1.317
Gil)' e f ,•,.,•al eR, CA
§ 3 1.3 17 § 3 1.3 l 7
(3) Inspections shall be conducted by a qualified inspector(s) authorized and approved by the City to conduct such inspections. Inspectors shall demonstrate appropriate qualifications to conduct the required inspections as determined by the Building Official or the Fire Department, as applicable. The cost of such inspections, plus any administrative charges shall be paid by the owner pursuant to the City's adopted fee schedule. The City shall make every reasonable effort to ensure that inspections are completed in a timely manner.
( 4) After the initial inspection, each rental unit shall be reinspected no less than once every three years following the original inspection. Verification of inspection will be done at the time of business license renewal. Failure to submit inspection reports shall result in revocation of approval to use the unit for transient rentals. (5) Inspections shall verify compliance with all applicable provisions of this section. (6) If upon completing an inspection of a transient rental, the inspector(s) determines that the unit is not in conformance with this section, the inspector shall provide the managing agency, agent, owner or property manager with a list of required corrections, set a reasonable time for correction and a date for reinspection. A copy of the foregoing shall also be given to the Planning Department. If the unit is registered with the City as a transient rental, approval by the City to use the unit for transient rental shall be suspended until correction and reinspection if determined by the inspector to present an immediate health and safety hazard, and submission of a new inspection report for the unit indicating compliance with this section. If the unit is not yet registered with or approved by the City, approval for its use as a transient rental shall be withheld until submission of a new inspection report for the unit indicating compliance with this section. (7) Noncompliance by an owner, managing agency, property manager or agent of the requirements for registration, inspection and operation of transient rentals may result in the revocation of the business license and Transient Rental License authorizing the use, and upon revocation, no new business license or Transient Rental License may be issued to the same transient rental licensee for a period of 12 months following such revocation. (8) The following requirements for transient rentals will be evaluated upon inspection of each unit, and shall constitute minimum requirements. The unit must be brought into conformance with these requirements and any other applicable codes and ordinances in order for the use to be allowed.
a. Required sign and notice must be posted, and address of unit must be legible from outside the property unless exempted.
b. Smoke detectors shall be installed within each sleeping room and at a point centrally located in the corridor or area giving access to each separate sleeping room. Battery-operated smoke detectors are acceptable, provided that they are maintained in good working order at all times, or except as required by other applicable codes. Where fire suppression systems have been installed, such systems shall also be subject to the inspection and testing requirements set forth in Downloaded from https://ecode360.com/AV4054 on 2025-06-05 65059.00000\440265 19.2
§ 3-1.3 17
City of Avalon CA
§ 3- 1.3 17 § 3-1.3 I 7
Gil)' ef A,·el en, CA
§31.317 § 3 1.317
Title 4, Chapter 3.
c. The transient rental shall be equipped with a minimum of one 2A:10B:C type extinguisher with 75 feet of travel distance to all portions of the structure; there shall be no less than one such extinguisher per floor. Fire extinguishers shall be mounted in visible locations with the tops of the extinguishers mounted between three feet and five feet above the floor and shall be accessible to occupants at all times. California State Fire Marshal annual certification tags must be provided and be current on all extinguishers.
d. Any locking mechanism on outside doors must be operable from inside the unit without the use of a key. If the dwelling unit is greater than 3,000 square feet in area, two exit doors shall be required, each of which shall conform to this requirement.
e. Transient rentals shall be maintained in a clean and sanitary condition and free from hazards, which shall include meeting the following requirements:
1. There shall be no exposed wiring, improper wiring materials, or overloaded electrical circuits;
2. There shall be no permanent use of extension cords for appliances, heaters, lamps or other fixtures;
3. There shall be no leaking fixtures, clogged or leaking wastewater lines;
4. Faucets and fixtures shall be maintained in working conditions;
5. Showers, sinks and bathing facilities shall be clean and properly maintained;
6. There shall be no evidence of pest infestations;
7. If directed by the Fire Department, bedroom windows shall be operable to allow for emergency egress:
8. There shall be at least one window per bedroom, to allow for proper interior ventilation;
9. There shall be no accumulation of trash and/or debris on the site or within the unit;
10. All steps, stairways, decks and railings shall be stable and structurally sound;
11. All standard appliances, including but not limited to kitchen appliances, furnaces and water heaters, shall be operational;
12. Any hot tubs, pools and spas shall be fenced or equipped with an approved cover with locking mechanisms as required by State law, and shall be maintained in a safe and sanitary condition;
13. Any lofts or attic conversions shall be provided with acceptable exiting and head clearance; stairs or providing access to these areas shall be safe and Downloaded from https://ecode360 .com/A V4054 on 2025-06-05 65059.00000\440265 I 9.2
6i
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structurally sound; and
1.£ -!-+.-Exits shall remain clear of storage, debris or impedance at all times . .(2} f9t-The managing agency, agent, property manager, or owner of the unit whose name and local telephone number appears on the sign pursuant to subsection (b) of this section or pursuant to a conditional use permit and/or who is identified in the Transient Rental License must maintain a physical presence within the geographical limits of the City of Avalon during the term of the transient rental unit lease in order to provide prompt response to complaints-:- within 30 minutes of notification. Failure to be available or failure to answer the telephone shall be deemed the same as failure to respond. ru f
B Annual Minimum Stay. Any managing agency, agent, owner or property manager who rents one or more transient rentals shall be required to ensure a minimum stay of at least threeten .(l.Q} nights in each transient rental per calendar year. § 3-1.316. Annual Renewal
The City Council shall annually review the need to consider further regulations or restrictions to this article, including but not limited to revising the cap on the total number of short-term rentals to ensure the City is maintaining a balance of preserving affordable housing stock with the economic benefits derived from short-term rentals.
DewAlel!EleEI frem ll!tf!S:,l,leeeEle360.eeAllAV4054 en 2025 07 30 Summary report:
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MEETING DATE:
ORIGINATING DEP:
PREPARED BY:
SUBJECT:
CITY OF AVALON CITY COUNCIL
August 5, 2025
Public Works
AGENDA ITEM: 9
CITY MANAGER: C)tJM.,
Jackeline Cordero, Public Works Director
Approval of Encroachment Permit to Install a Retaining Wall and Widen Middle Terrace Road for a Single Golf Cart
Parking Space at 46 Upper Terrace.
RECOMMENDED ACTION($): Find that the criteria specified in AGMC Section 4-9.106 is met and approve an encroachment permit at 46 Upper Terrace for installation of a new retaining wall and widening of Middle Terrace Road to accommodate a single golf cart parking space. Authorize the City Manager or his designee to approve an encroachment permit, maintenance agreement, and recordable covenant applicable to the proposed encroachment at 46 Upper Terrace and authorize City Staff to negotiate with the property owners to determine the amounts of the required bond and liability insurance.
REPORT SUMMARY: An application for an Encroachment Permit was submitted by Peter J. Mokler, AIA, acting as the authorized agent for the property owner Richard Woodward , for the property located at 46 Upper Terrace. The application was received on June 18, 2025, and proposes modifications within the Middle Terrace public right-ofway (R.O.W.).
The proposed project work:
• Removal of approximately 12 linear feet of an existing 4-foot high dry-stacked stone retaining wall that currently encroaches~ 10 feet into the R.O.W. • Installation of a new concrete and block retaining wall that reduces the encroachment by approximately 8 feet.
• Grading and paving of the area to widen the street surface, accommodating a single golf cart parking space.
• Ensuring drainage continues to slope at 2% toward the existing swale; no anticipated impacts to neighboring properties.
The work is intended to improve street function and enhance the safety and utility of Middle Terrace Road.
Article 1 of Chapter 4-9 of Title 4 of the Avalon Municipal Code establishes regulations for the approval, establishment of terms, and revocation of encroachment permits.
Though the City Manager has authority to approve minor, temporary encroachments, per AMC Section 4-9.105, City Council approval, upon the recommendation of the City Manager is required for:
65059.00000\4403220 I . I
(a) Encroachments for any permanent structures above, on or beneath the surface.
(b) Encroachments upon any public street which closes the street to public use, or which substantially interferes with public use of the street, except parades for which a permit is issued under the provisions of this Code. (c) Any other type of encroachment other than temporary construction activity which does not constitute a minor encroachment.
The criteria for approval or denial of a permit is outlined in AMC Section 4-9.106:
Encroachment permits may be granted if each of the following criteria are met:
(a) The encroachment is necessary or desirable;
(b) The encroachment does not create a substantial adverse impact on persons or property; and
(c) The encroachment does not adversely affect the public health, welfare and safety.
City staff recommends the City Council authorize the City Manager or his designee to negotiate, set for conditions, and execute an encroachment permit for the property owner to 46 Upper Terrace, in conformance with Avalon Municipal Code Sections 4-9.105 and 4-9.106.
The proposed encroachment meets the findings for approval:
a) It is desirable as it reduces an existing encroachment by approximately 8 feet thereby restoring a greater portion of the City's right-of-way for future potential public use and alignment improvements;
b) It does not create substantial adverse impacts on nearby properties because it does not interfere with any existing uses and the encroachment permitted will not extend further than the existing encroachment. The newly proposed retaining wall replaces an already existing older wall and will occupy less space than the original structure.
Proposed changes would not alter existing access, drainage, or utility services to adjacent lots, and the proposed golf cart parking space is consistent with residential use in this area;
c) It does not adversely affect public health , welfare, or safety because the size of the street will remain adequate for residential, emergency and service vehicles. The slope and drainage will have a consistent flow to the existing swale and prevent water accumulation in the roadway.
The applicant has agreed to:
• Maintain the improvements in a safe and clean condition ; • Comply with all terms of the encroachment permit;
• Execute a recordable maintenance covenanUeasement (to be executed prior to permit issuance).
When a permit is issued under City Council authority under AMC Section 4-9.105, the City Council may determine the appropriate term of the encroachment permit. The 65059.00000\4403220 1.1
intended improvements are permanent in nature, so staff recommends a term of five years.
AMC Section 4-9.107 requires , as a condition to permit issuance, the permittee to execute a recordable covenant running with the land , in a form approved by the City Attorney, surrendering possession of the encroachment structure, releasing the City from all claims in the event the City determines to widen or improve the right-of-way, and agreeing to indemnify and hold the City harmless from all liability and damages and from all costs of suit, including attorneys' fees, arising from the encroachment.
Additionally, the City Manager or his designee will set forth the conditions of the encroachment permit including establishing an appropriate level of insurance required as well as maintenance standards and any potential bond requirement.
FISCAL IMPACTS: None identified.
GOAL ALIGNMENT: Right-of-way, infrastructure improvement.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The applicant would not be able to improve the City right-of-way or install a new retaining wall that reduces the encroachment into the City easement by approximately 8 feet.
FOLLOW UP ACTION: Implement City Council direction. Negotiate and finalize encroachment permit, recordable covenant, and maintenance agreement for property, 46 Upper Terrace.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
1. Applicant's 2025 Encroachment Permit Application.
2. Ap.plicant's ROW Wall Design Plan.
65059.00000\4403220 1.1
Application for Encroachment Permit
06/18/2025 11 27 AM (PDT)
Applicant Name
Email
Mailing Address
Telephone Number
Location of Encroachment
Nature of Encroachment
CITY OF AVALON
, \II, • .. lN. ( .~ 10(◊,e.
(• ,. ·,rn f•i.lf'
Application for Encroachment Permit
Peter J Mokler AIA (authorized agent) for Richard Woodward (owner) [email protected]
P.O. Box 14
San Pedro, CA 90733
8183172337
46 Upper Terrace (at Middle Terrace frontage)
Remove existing approx. 12 lineal feet of 4'-0" high dry stacked stone retaining wall that encroaches approximately 10'-0" into the Middle Terrace R.O.W.
Excavate an area to create a new reinforced concrete and block retaining wall that reduces the existing encroachment by approx. 8'-0" and creates a space that effectively widens the Middle Terrace and will be graded and paved to be flush with the existing paved road and sloped to 2% cross slope draining to the existing swale at the center of Middle Terrace.
This will create an adequate area for a single golf cart parking space on Middle Terrace. The proposed retaining wall would roughly follow the existing hillside grade and would be from 2'-0" to 8'-0" above finish grade at the street level.
Overall drainage patterns will not change and there will be no impacts to neighboring properties.
Attach copies of plans and specifications of proposed encroachment i. Plans/Specifications
@ 2024-015 WOODWARD 250618 ROW WALL PLAN.pdf
Minor Encroachments pursuant to Avalon Municipal Code Sec. 4-0.104 may not exceed five (5) years. (Avalon Municipal Code ("Code") Sec. 4-9.109)(Applicant may annually apply for subsequent one (1) year permit term extensions unless permit is terminated by City or applicant).
One year extension requested
Effective Date
Expiration Date
• No
07/15/2025
07/15/2027
Applicant agrees to indemnify (with counsel acceptable to City) and hold harmless the City, its officers and its employees from all liability and damages and from all costs of suit, including attorneys fees, arising from the