Agenda — Avalon City Council, September 5, 2023

AVALON CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 5, 2023 — 5:00 PM
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361
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 publicinspection at the time the records are distributed to all, or a majority of all, members of the City Council. Suchrecords shall be available at City Hall located at 410 Avalon Canyon Rd.

Due to social distancing recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA) and the County of Los Angeles, and pursuant to findings made under AB 361, the CITY OF AVALON’S CITY COUNCIL SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public mayattend the meeting in the Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.

Council Chambers are open to a maximum 30 members of the general public. Once the CouncilChambers reach maximum occupancy, the general public may participate in OralCommunication and address the City Council on an agenda item in person by waiting in the City Hall Court Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-1 9. Additionally,the general public may participate in Oral Communication and address the City Council on anagenda items by providing comments via Zoom or by sending comments [email protected].

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

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

FOR REMOTE PUBLIC PARTICIPATION
1) Join the Meeting via Phone Conference (Voice Only):

Phone Number: (669) 444-9171,
Meeting ID: 823 4075 3021Passcode: 750449
When you would like to comment during the meeting enter 9 on the phone’s key pad to activate the ‘raise hand” button at the time the Agenda Item is being presented for City Councilconsideration.

CITY COUNCIL AGENDA
SEPTEMBER 5, 2023PAGE 2

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

ANNOUNCEMENTS I WRITTEN COMMUNICATIONS

DEPARTMENT HEAD REPORTS

CITY MANAGER REPORT I CITY ATTORNEY REPORTCOUNCILMEMBER REPORTS I MAYOR REPORT

ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on nonagenda items at this meeting. Speakers should limit comments to two (2) minutes each.PRESENTATION — None.

CONSENT CALENDAR

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

Recommended Action
Approve minutes from the August 15, 2023 regular City Council Meeting and the August 23, 2023 Special City Council Meeting.

2. Warrants
Expenditures Submitted for Approval
o Warrants from the General Account in the amount of $116,281.22.o Warrants from the Successor Agency Account in the amount of $2,725.00. o Two payrolls totaling $521,780.04.o Six electronic fund transfers totaling $139,265.19.

Recommended Action
Approve total expenditures for August 7, 2023 through August 25, 2023 totaling $780,051.45.

3. Credit Card Purchasing Policy
On February 6, 2018, the City of Avalon approved the Credit Card Purchasing Policy. Thepurpose of the policy is to establish a framework for the appropriate use of City-issued credit cards. The City reviews and updates existing policies on a periodic basis to ensurecompliance with regulations and best practices.

Recommended Action
Review and amend the City of Avalon Credit Card Purchasing Policy.

CITY COUNCIL AGENDA
SEPTEMBER 5, 2023
PAGE 3

4. Authorize purchase of two (2) new Ford E-Transit vans for Dial-A-Ride service.

The City of Avalon’s Dial-A-Ride service has been using two (2) 2015 Dodge Caravan minivans that were acquired in 2016. One of the vans has been inoperable for several months, and the other van has numerous maintenance issues. Both vehicles are beyond their useful life span, and not worth the cost to repair.

Recommended Action

1. Authorize City Manager, or their designee to procure, per the City’s purchasing policy, two (2) 2022 Ford E-Transit electric passenger vans for a total not to exceed $205,000 to be used for the City’s Dial-A-Ride service, and other transportation needs. 2. Amend the budget for the Avalon Transit Fund to include a $205,000 expenditure for VehicleReplacement Fund (Account 12325-6781) and $164,000 in offsetting grant revenues (12325-8073) for a net increase of $41,000.

5. Wastewater Treatment Plant Backup Generator Procurement On August 1, 2023, City Council authorized the City Manager or his designee to procure a used backup generator in accordance with the City’s procurement standards for a not to exceed cost of $85000, as a new unit would take approximately 12 months to procure.

Since that time, Staff was able to locate and negotiate pricing for a new backup generator from Volvo Construction Equipment & Services.

Recommended Action
Authorize the City Manager or his designee to procure a new backup generator from Volvo Construction Equipment & Services in accordance with the City’s procurement standards for a not to exceed cost of $100,000.

GENERAL BUSINESS

6. Resolutions Adopting an Amendment to the Healthcare Article of the Memorandums of Understanding Between the City of Avalon and International Association of FirefightersLocal 2295. Management, and Confidential/Unrepresented Labor Associations, and SEI U 721 Avalon Harbor Unit and SEIU 721 Avalon Municipal Employee Unit The MOUs address City healthcare benefits by establishing a maximum contribution tobe paid by the City toward the health care premium (“medical cap”). As it relates to healthcare benefits and cost of living increases, all MOUs contain a provision requiring parity between all associations. Under the medical cap outlined in the current MOUs, the increased premium rates will result in a significant increase to the out-of-pocket employee contribution since the commencement of the MOU’s. The proposed addendum replaces the two-tiered system with one and increases the medical caps by 4-20% depending on the plan type and hire date of the employee.

Recommended Action
Adopt resolutions amending the Healthcare Article of the Memorandums of Understanding between the City of Avalon and the International Association ofFirefighters Local 2295, Management, Confidential/Unrepresented Associations, and

CITY COUNCIL AGENDA
SEPTEMBER 5, 2023
PAGE 4
SEIU 721 Avalon Harbor and SEIU 721 Avalon Municipal Employee Unions for the contract period July 1, 2022 through June 30. 2025.

7. Award Above Ground Fuel Tank Foundation and Retaining Wall Contract As the second procurement component of this project, on August 11, 2023 the City solicited bids by informal bid process from duly licensed and experienced contractors to provide site preparation, grading, concrete foundation, retaining wall installation and related construction services for the new location of the storage tank. After an extension of the bid deadline, bidding closed on August 28, 2023 at 1 p.m. Only Jordahl Construction, Inc. provided a bid by the stated deadline.Recommended Action Make the determination the contract cost is reasonable and adopt a resolution by 4/5 vote awarding a contract to Jordahl Construction, Inc. for the site preparation, grading,concreate foundation and retaining wall installation for the City’s Underground Fuel Tank Replacement Project at a cost not to exceed sum of S301 000.

8. Report Regarding Transient Rental License Findings
On August 1, 2023, the City Council voted unanimously to establish, by urgency ordinance, a moratorium on the issuance of Transient Rental Licenses for transient rental use to new applicants for a 45-day period. The 45-day period expires on September 15, 2023. Government Code standards require that at least 10 days before the expiration of the moratorium, the legislative body must issue a report describing the measures taken to alleviate the condition which led to the adoption of the ordinance.

Recommended Action
Receive and issue report. Provide direction to Staff.

ADJOURN

NOTICE OF POSTING
I, Devin Hart, declare that the City Council Agenda for Tuesday, September 5, 2023 was posted on Friday, September 1, 2023 on the City’s website www.cityofavalon.com/agendacenter, andat City HaIl, 410 Avalon Canyon Road.

Devin Hart, Management Analyst

CITY OF AVALON CITY COUNCIL
MEETING DATE: September 5, 2023 AGENDA ITEM:

ORIGINATING DEP: City Clerk CITY MANAGER: -
PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the August 15, 2023 RegularCity Council Meeting and the August 23, 2023 Special City Council Meeting.

REPORT SUMMARY: Although the live recording is the official record of publicmeetings, 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:
• August 15, 2023 Regular City Council Meeting Minutes
• August 23, 2023 Special City Council Meeting Minutes

AVALON CITY COUNCIL MEETING
TUESDAY, AUGUST 15, 2023 — 5:00 PM
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361

MINUTES
Due to social distancing recommendations from the Center for Disease Control and State ofCalifornia Division of Occupational Safety and Health (Cal/OSHA) and the County of Los Angeles, and pursuant to findings made under AB 361, the CITY OF AVALON’S CITY COUNCIL SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.

Council Chambers are open to a maximum 30 members of the general public. Once theCouncil Chambers reach maximum occupancy, the general public may participate in Oral Communication and address the City Council on an agenda item in person by waiting in the City Hall Court Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-19.Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via Zoom or by sending comments toaskcityofavalon .com.

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. Alsopresent: City Manager David Maistros, City Attorney Scott Campbell and Management Analyst Devin Hart.

WRITTEN COMMUNICATIONS- Staff received one written communication regarding Item#7. Transient Rental License Discussion from Andrea Carstarphen and one written communication regarding both Item #7 Transient Rental License Discussion and Item #8 Presentation and Discussion on Landlord Tenant Regulatory Options from Wendy Hernandez.Copies were distributed to city council and are on file in the City Clerk’s office.

PRESENTATIONS — At the request of Mayor Marshall for quarterly reporting by Love Catalina Island, Jim Luttjohann provided the second quarter/end of fiscal year report that highlights tourism promotion efforts.

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

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

CITY COUNCIL MINUTES
AUGUST 15, 2023
PAGE 2

2. Warrants
Approved the warrants from the General Account in the amount of $1,165,248.26, one payroll in the amount of $256,555.09, three electronic fund transfers totaling $123,694.04 for a total expenditure of $1,545,497.39 for July 24, 2023 through August 4, 2023.

3. Findings to Continue to Hold Remote Teleconference/Virtual City Council Meetings Pursuant to Assembly Bill 361
Reconsidered the circumstances of COVID-19 state of emergency proclaimed by the Governor and COVID-19’s continued impact and determine that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and as such, that continuing to utilize the protections of Assembly Bill 361 will protect the health and safely of attendees.

4. Grant Funding Application to the California Division of Boating and Waterways Adopted Resolution No. 23-27 of the City of Avalon approving the submittal of an application for funding from the State of California Department of Parks and Recreation Division of Boating and Waterways for the Tier I Boating Infrastructure Grant.

5. Engineered Solution Group On-Call Engineering Services Contract Extension and Annual IncreaseAuthorized the City Manager to execute an amendment to the City’s On-Call Engineering Professional Services Agreement with Engineered Solution Group, renewing the contract term for an additional two-year period effective January 1, 2024, and increasing the contracted maximum annual cumulative total for all services from $500,000 to $800,000 effective immediately.

GENERAL BUSINESS

6. Resolution Amending Memorandum of Understanding between the City of Avalon and International Association of Firefighters Local 2295
Adopted Resolution No. 23-28 of the City Council of the City of Avalon approving theAddendum to the Memorandum of Understanding between the City of Avalon and the International Association of Firefighters Local 2295 regarding Bilingual Pay and Temporary Acting Pay for Fire Captains.

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

7. Transient Rental License Discussion
City Council directed City Staff to continue to move forward with a series of three stakeholder/community meetings to discuss quality of life issues, specifically noise, trash, and other community impacts. In additional to the stakeholder/community meetings, City Staff will develop a Community-Wide survey. The information collected

CITY COUNCIL MINUTES
AUGUST 15, 2023
PAGE 3
on Transient Rental Licenses will be brought back to the city council and planning commission regarding the stakeholder/community members primary concerns.

8. Presentation and Discussion on Landlord T
Isaac Rosen from BB&K provided a prese
options under state law and City options for
City Council requested additional time
ordinances from other cities and will notifyfuture city council meeting if needed.

CLOSED SESSION-7:17 p.m.-7:33 p.m.
enant Regulatory Options
ntation regarding Landlord Tenant Regulatory
creating additional regulations.
to review the presentation and sample
city staff to schedule a study session at a
Following the appropriate announcement of the Closed Session item the City Council went into Closed Session to discuss the following:

1. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: David Maistros, City Manager Employee Organizations:
1) SEUI 721 -Avalon Harbor Employee Association
2) SEUI 721 -Avalon Municipal Employee Association
3) International Association of Fire Fighters Local 2295 4) Unrepresented/Confidential Employees
5) Management
Following Closed Session Mayor Marshall announced there was no reportable action.

Mayor Marshall adjourned the meeting at 7:33 p.m.

I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the Regular City Council Meeting on August 15 2023, is the official record of the Council Meeting and is on file and maintained in City Hall.

Gabrielle Morones, Deputy City Clerk

SPECIAL AVALON CITY COUNCIL MEETING
WEDNESDAY, AUGUST 23, 2023
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361

MINUTES
Due to social distancing recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA) and the County of Los Angeles, and pursuant to findings made under AB 361, the CITY OF AVALONS CITY COUNCIL SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.

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

CALL TO ORDER-i 0:00 am.

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

WRITTEN COMMUNICATIONS-None.

GENERAL BUSINESS

1. Ratification of Prior Action — State of Emergency Proclamation for Hurricane Hilary Adopted Resolution No. 23-29 of the City of Avalon proclaiming existence of a local emergency.

Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes) Mayor Marshall adjourned the meeting at 10:05 am.

I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the Special City Council Meeting on August 23, 2023, is the official record of the Council Meeting and is on file and maintained in City Hall.

Gabrielle Morones, Deputy City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: September 5, 2023 AGENDA ITEM: 2.

ORIGINATING DEP: Finance CITY MANAGER: £410..

PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve total expenditures for August 7, 2023 through August 25, 2023 totaling S780,051 .45.

REPORT SUMMARY: These disbursements through August 25th are comprised of warrants from the General Account totaling $116,281.22, warrant from the Successor Agency Account totaling $2,725.00, two payrolls totaling $521,780.04, and other electronic fund transferstotaling $139,265.19.

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 36569-36634 $ 116,281.22 08/1 8/23SA US BANK WARRANTS CK# 344 2,725.00 08/10/23 PAYROLL 259,591.06 08/11/23
PAYROLL 262,188,98 08/25/23
EFT- CALCARD US BANK 6,839.56 08/10/23EFT -CALPERS GASB 68 REPORTS 1750.00 , 08/10123 EFT-CALPERS RETIREMENT 41.439,32 08/15/23
EFT -CALPERS RETIREMENT 44,403.49 08/22/23EFT -CALPERS RETIREMENT I 42,863.68 08/22/23EFT -HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 1,969.14 08/25/23 TOTAL DISBURSEMENTS i $ 780,051.45
GOAL ALIGNMENT: Ongoing meeting of City obligations.

FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in the FY22-23 Budget and FY23-24 Budget.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.

ATTACHMENTS: Audit Certificate, Warrant List, US Bank Credit Card Detail

CITY OF AVALON
August 7, 2023 - August 25, 2023 DISBURSEMENTS
September 5, 2023

ITEM DESCRIPTION AMOUNT DATE
GE US BANK WARRANTS CK# 36569-36634 $ 116,281.22 08/18/23 SA US BANK WARRANTS CKU 344 2,725.00 08/10/23
PAYROLL 259,591,06 08/11/23PAYROLL 262,188.98 08/25/23
EFT -CALCARD US BANK 6,839.56 08/10/23
EFT -CALPERS GASB 68 REPORTS 1,750.00 08/10/23EFT -CALPERS RETIREMENT 41,439.32 08/15/23 EFT -CALPERS RETIREMENT 44,403.49 08/22/23EFT -CALPERS RETIREMENT 42,863,68 08/22/23 EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 1,969.14 08/25/23 TOTAL DISBURSEMENTS $ YSO,051.45

CERTIFICATE
IN ACCORDANCE WITH SECTION 32702

OF THE GOVERNMENT CODE, CERTIFY

THAT THE ABOVE DEMANDS ARE ACCURATE

AND THAT FUNDS ARE AVAILABLE FOR
PAYMENT.

APPROVED AND AUDITED THIS
5TH Day of September 2D23 I CERTIFY UNDER PENALTY OF PERJURY

THAT THE FOREGOING IS TRUE AND
CORRECT.

AUDIT COMMtfl’EE - LISA LAVELI.E EXECUTED THIS 5TH Qay of September 2023 AUDIT COMMITTEE ‘MARY SCHICKLING FINANCE DIRECTOR- MATTHEW BAKER

CITY OF AVALON
AUGUST 7,2023 - AUGUST 25, 2023 DISBURSEMENTS
September 5, 2023
NAME
ASAP DRUG SOLUTIONS, INC.CAN BY, CLAUDIA

CASSIDY, SHANASUPERION, LLC
AVALON BOAT STANDACTION SALES & METAL CO.

AIR SOURCE INDUSTRIESALBERTSON COMPANIES
AMAZON CAPITAL SERVICES, INC.

ASAP DRUG SOLUTIONS, INC.AVALON BOAT STAND

AVALON FREIGHT SERVICES, LLC

BOUND TREE MEDICAL

BOYD, RAYDEWEY PEST CONTROL

DION & SONS MARINE FUELS INC

EMPLOYMENT DEVELOPMENT DEPARTMENT
PLAYCORE WISCONSIN, INC.GANAHL LUMBER COMPANY
HAAKER

HUYCK, LANA

LA A F CA

LAVELIE, LISAMASA

MRC SMART TECHNOLOGY SOLUTIONS

NAPA AUTO PARTS

QUILL CORP

RICOH AMERICAS CORP
8105, DIANA

SUPERION, LIC

U LINEUNDERGROUND SERVICE ALERT/SC

VERIZON WIRELESS
ZOLL MEDICAL CORP.AAA OIL, INC
ACTION SALES & METAL CO.

AMAZON CAPITAL SERVICES, INC.ARIENS SPECIALTY BRANDS LLC ASAP DRUG SOLUTIONS, INC.

DESCRIPTION

EMPLOYEE SCREENING

SUPPLIES - STREETS

SERVICE - FIRE

SOFTWARE LEASE - FINANCESUPPLIES - HARBOR

SUPPLIES - HARBOR

SERVICE - FIRE

SUPPLIES ALL DEPARTMENTSEPATMENTS

SUPPLIES - ALL DEPARTMENTSEPATMENTS

EMPLOYEE
- SCREENING

SUPPLIES - HARBOR

SUPPLIES -ALL DEPARTMENTSEPATMENTSSUPPLIES - FIRE
REIMB
- 0/P COSTS

SUPPLIES - ALL DEPARTMENTSEPATMENTSFUEL - HARBOR

UNEMPLOYMENT INSURANCE

SUPPLIES - RECREATION

SUPPLIES - PUBLIC WORKSSUPPLIES - PUBLIC WORKS

REFUND - RENTAL FEE

ANNUAL DUES
REIMB 0/P COSTSDUES - 09/2023

SUPPLIES - ALL DEPARTMENTS

SUPPLIES - GARAGE
SUPPLIES ‘ALL DEPARTMENTSARTMENTSCOPIER LEASE - PLANNING

REFUND - RECREATION SUPPLIESSOFTWARE LEASE - FINANCE

SUPPLIES - PUBLIC WORKS

SERVICE - PUBLIC WORKSCOMMUNICATIONS ALL DEPARTMENTS

SUPPLIES - HARBOR

FUEL-ALL DEPARTMENTS

SUPPLIES HARBOR

SUPPLIES - ALL DEPARTMENTS

UNIFORMS - HARBOR

EMPLOYEE SCREENING

CHECK DATE

NUMBER ISSUED AMOUNT
36569 08/18/2023 $ 371.00
36570 08/18/2023 $ 220.0036571 08/18/2023 $ 2,165.00
36572 08/18/2023 $ 3,909.81
36573 08/18/2023 $ 802.64
36574 08/18/2023 $ 1,716.9636575 08/18/2023 $ 85.70
36576 08/18/2023 $ 226.2936577 08/18/2023 $ 2,966.92
36578 08/18/2023 $ 94.00
36579 08/18/2023 $ 525.80
36580 08/18/2023 $ 2,126.48
36581 08/18/2023 $ 757.6636582 08/18/2023 $ 87.05
36583 08/18/2023 $ 287.0036584 08/18/2023 $ 598.70
36585 08/18/2023 $ 4,178.89
36586 08/18/2023 $ 26,933.8636587 08/18/2023 $ 746.02
36588 08/18/2023 $ 433.72
36589 08/18/2023 $ 250.00
36590 08/18/2023 $ 1,200.00
36591 08/18/2023 $ 407.6536592 08/18/2023 $ 951.00
36593 08/18/2023 $ 670.3136594 08/18/2023 $ 232.48
36595 08/18/2023 $ 281.1336596 08/18/2023 $ 1,817.81
36597 08/18/2023 $ 48.32
36598 08/18/2023 $ 7,819.6236599 08/18/2023 $ 921.71
36600 08/18/2023 $ 34.50
36601 08/18/2023 $ 1,791.71
36602 08/18/2023 $ 818.40
36603 08/18/2023 $ 4,600.0736604 08/18/2023 $ 641.12
36605 08/18/2023 $ 2,055.56
36606 08/18/2023 $ 554.27
36607 08/18/2023 $ 344.00

Page 1 of 2 ends

CITY OF AVALON
AUGUST 7,2023 - AUGUST 25, 2023 DISBURSEMENTS
September 5, 2023
$ 116,281.22

AVALON FREIGHT SERVICES, LLC

BROOKS, MIKE

CATALINA BEVERAGE COCATALINA BROADBAND SOLUTIONS

PACIFICA CATALAN

CATALINA ISLAND COMPANY

CATALINA ISLANDERCATALINA PEST CONTROL

DEWEY PEST CONTROLDION & SONS MARINE FUELS INC

FIDELITY SECURITY LIFE INSURANCE

GALLS, LLCGRAINGER
HAAKERHARRY!S MARINE SERVICE, LLC

HOME DEPOT CREDIT SERVICES

LAVELLE, LISA
LINDE GAS & EQUIPMENT INC.MCMASTER-CARR

NAPA AUTO PARTSNORTHWIND REFRIGERATION
RICOH USA, INC.

RSG, INC

SEC HOLDINGS, LLC
SIRIA’S CLEANING SERVICE

TOWNSEND PUBLIC AFFAIRS, INC

USA BLUEBOOK

DESCRIPTION

FREIGHT
- ALL DEPARTMENTS
REIMB 0/P COSTS

SUPPLIES - ALL DEPARTMENTSSERVICE - FIRE

LODGING
- SHERIFFS
RENT
- 08/2023

ADVERTISING
- ALL DEPARTMENTS

SERVICE - HARBORSERVICE - ADMINISTRATION

FUEL-HARBOR
VISION
- 08/23

UNIFORMS - FIRE

SUPPLIES - RECREATION

SUPPLIES - GARAGESUPPLIES - HARBOR

SUPPLIES - PUBLIC WORKS
REIMB 0/P COSTS

SUPPLIES - HARBORSUPPLIES - ALL DEPARTMENTS

SUPPLIES
- GARAGE

SUPPLIES - FIRE

COPIER LEASE - PLANNING

SERVICE - ADMINISTRATION

UNIFORMS
- HARBOR
2ND HALF 08/2023

CONTRACT SERVICES - ADMINISTATIONSUPPLIES - PUBLIC WORKS

AMOUNT NAME
CHECK
NUMBER
36608
36609
3661036611
3661236613
3661436615
3661636617
36618
3661936620
3662136622
36623
36624
3662536626
3662736628
366293663036631
36632
36633
36634
DATE
ISSUED
08/18/2023
08/18/202308/18/2023
08/18/202 308/18/2023
08/18/2023
08/18/202308/18/2023
08/18/2023
08/18/202 3
08/18/202 308/18/2023
08/18/202308/18/202 3
08/18/202 3
08/ 18/202 3
08/18/202308/18/2023
08/18/2023
08/18/202308/18/2023
08/18/202308/18/2023
08/18/202 3
08/18/2023
08/18/202308/18/2023
$
$
$
$
$$
$
$$
$
$$
$
$$
$
$
$
$
$
$
$
$$
$
$
$
299.70
117.25161.9 1

10.00 1,945.44
8,690.00
186.00
268.00531.00
1,574.891,058.03
1,054.63
198.21
309.56536.60
1,182.01
285.11
218.03
2,042.40

93.26 5,453.20

21.60 235.00
724.62
9,357.91
5,000.00

53.70

Page 2 of 2 ends

CITY OF AVALON
AUGUST 7, 2023 - AUGUST 18, 2023 DISBURSEMENTS
September 5, 2023

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
344 08/10/2023 2,725.00 us BANK BOND TRUSTEE FEE
2,725.00

Page 1 of 1 ends

CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID AUGUST 10. 2023
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HE RN AN D EZHER N AN D ElHER N AND El
HER NAN D El

GRE EN LAW
6/ 16/20 2 3
6/19/20236/2 3/202 3
7/3/202 37/7/2023
7/7/202 3
7/ 10/202 37/ 14/202 36/19/2023
6/19/2023
6/20/20236/21/20236/2 1/202 3
6/2 6/202 3
7/3/ 202 3
7/312023
7/3/2023
7/3/2023
7/10/20237/ 10/202 3
7/10/2023
7/12/2023
7/17/2023
6/20/20236/20/2023
6/23/2023
6/23/2023
6/27/20236/27/2023
6/27/202 36/30/2023
6/30/202 3
7/3/2023
7/3/202 37/3/2D237/3/2023
7/3/20237/3/2023
7/5/2023
7/6/2023
7/10/ 2 02 37/ 10/202 3
7/14/20237/ 14/202 37/14/202 3
7/ 14/20 2 3
7/14/20237/17/2023
7/ 17/202 37/17/202 36/28/2023

62.21 CHIT’S HARDWARE
8166 CHEVRON74.33 CHEf’S HARDWARE

30.78 CrIET’S HARDWARE
228.98 CHET’S HARDWARE130.04 HARBOR FREIGHT TOOLS

65.D1 VONS FUEL
182.82 HARBOR FREIGHTTOOLS

46.60 CHEIS HARDWARE
941.83 CUSTOM INK

10.00 WWW.SUAIS.ORf,10.00 BOATING & WATERWAYS10.00 BOATING & WATERWAYS 116.96 VONS

81.92 CHEf’S HARDWARE

20.06 CHEf’S HARDWARE
308.00 5.11. NC
324.95 SOUND UNIFORM SOLUTIONS
(44.25) AVALON LIQUOR STORE

16.49 CHET S HARDWARE

44.25 AVALON LIQUOR STORE73.03 HODGES MARINE

37.36 CHET’S HARDWARE
100.00 EIOTCLUB ADMIRALTY1DO.DD EIOTCLUB ADMIRALTY
204.79 GLOBAL INDUSTRIES
114.99 SMART SIGN
(19.46) PEBBLY BEACH BUILDING SUPPLY
141.23 PEBBLY BEACH BUILDING SUPPLY111.98 PEBBLY BEACH RUILDING SUPPLY 179.00 CHET’S HARDWARE

17.59 CHEf’S HARDWARE24.18 CHETS HARDWARE
6S.55 CHET’S HARDWARE

17.59 CHET’S HARDWARE
SD.59 CHET’S HARDWARE57.15 CHET’S HARDWARE

94.52 VONS87.93

68.75 8.22
APWA PWX REGISTRATIONCHET’S HARDWARECHET’S HARDWARE
CHEFS HARDWARECHET’S HARDWARE

PEBBLY BEACH BUILDING SUPPLY
CHET’S HARDWARE
CHET’S HARDWAREAVALON GAS SrATION

EPLASTICS

DESCRIPTION

GARAGE SUPPLES
FUEL

GARAGE SUPPLIES

GARAGE SUPPLIESVESSEL MAINTENANCE

GARAGE SUPPLIESFUEL

GARAGE SUPPLIES

MAINTENANCE SUPPLIES

HARBOR SANITATION UNIFORMS

ANNUAL MEMBERSHIPANNUAL MEMBERSHIP

ANNUAL MEMBERSHIPHARBOR SANITATION UNIFORMS

MAINTENANCE SUPPLES

MAINTENANCE SUPPLIES

UNFORMSUNIFORMS
CREDIT

MAINTENANCE SUPPLIES

USED IN ERRORCOMMUNICATIONS

MAINTENANCE SUPPLIESMAINTENANCE SUPPLIES

STREET SAFETY SUPPLIES

CREDITBEACH MAINTENANCEBEACH MAINTENANCE

MAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIES

MAINTENANCE SUPPLIES

MAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMEETING SUPPLIES 4TH OF JULY SUPPLIES
4TH OF JULY SUPPLIES4TH OF JULY SUPPLIES

CONFERENCE REGISTRATIONMAINTENANCE SUPPLIES

MAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIES

MAINTENANCE SUPPLIESMAINTENANCE SUPPLIES

MAINTENANCE SUPPLIESFUEL

HARBOR MAINTENANCE

DEPARTMENT

GARAGEGARAGEGARAGE

GARAGEGARAGE

GARAGEGARAGEGARAGE

HARBORHARBOR

HARBORHARBORHARBOR
HARBOR
HARBOR
HARBOR

HARBORHARBOR

HARBORHARBOR
HARBOR

PUBLIC WORKSPUBLIC WORKS

PUBLIC WORKSPUBLIC WORKSPUBLIC WORKS

PUBLIC WORKSPUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKSPUBLIC WORKS
PUBLIC WORKSPUBL:C WORKS

PUBLIC WORKSUBLIC WORKS

PUBLIC WORKSPUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKSPUBLIC WORKSPUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKSPUBLIC WORKSPUBLIC WORKS

PUBLIC WORKSPUBLIC WORKS
6,839.56 EFT 08/10/2D23

LASTNAME POSTDATE AMTUSD VENDOR
CHEf’S HARDWARE
CAFÉ NIETRO°OLECHET’S HARDWARE
1,243.00

38.4743.40

46.18 16.49
155.67
413.52
113.25

42.69 389.26

Page 1 of 1 ends

CITY OF AVALON CITY COUNCIL
MEETING DATE: September 5, 2023 AGENDA ITEM: 3
ORIGINATING DEP: Finance CITY MANAGER:

PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Credit Card Purchasing Policy
RECOMMENDED ACTION(S): Review and amend the City of Avalon Credit Card Purchasing Policy.

REPORT SUMMARY: On February 6, 2018, the City of Avalon approved the Credit Card Purchasing Policy. The purpose of the policy is to establish a framework for the appropriate use of City-issued credit cards. The City reviews and updates existing policies on a periodic basis toensure compliance with regulations and best practices.

The use of City-issued credit cards is intended to streamline small dollar purchases, reduce the acquisition period, reduce requests for employee reimbursements, and minimize the use of personal credit cards for City-related expenses. In addition to the requirements outlined in the Credit Card Purchasing Policy, purchases with City-issued credit cards must also adhere to the City’s Procurement Policy, as outlined in the Avalon Municipal Code, as well as the City’s Travel and Expense Reimbursement Policy.

The Finance Department will continue to submit to City Council a supplemental report attachedto the bi-weekly warrant report describing the individual credit card transactions paid during the period.

GOAL ALIGNMENT: Fiscal responsibility
FISCAL IMPACTS: None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: City will have limitedability to tender payment.

FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENTS:

1. Revised Credit Card Purchasing Policy.

I. Purpose
City of Avalon

CREDIT CARD PURCHASING POLICY
Revised: September 5, 2023
The purpose of the policy is to establish a framework for the appropriate use of City-issued credit cards.

The use of City-issued credit cards is intended to streamline small dollar purchases, reduce theacquisition period, reduce requests for employee reimbursements, and minimize the use of personal credit cards for City-related expenses. Employees with City-issued credit cards (Card Users) must also adhere to the City’s Procurement Policy, as outlined in the Avalon Municipal Code, as well as the City’s Travel and Expense Reimbursement Policy.

II. Issuance of City Credit Card
Credit cards may be issued to City of Avalon department heads and their designees, as approved by the City Manager. Credit cards shall not be issued to City Council Members, members of boards, committees, or commissions, volunteers, part-time employees, seasonal employees, or contracted employees.

Prior to card issuance, employees will also be required to sign the cardholder agreement (Attachment A), indicating that they understand and accept the terms of the policy.

The Finance Department is responsible for the activation, cancellation, and payment of City-issued credit cards. Additionally, the Finance Director or their designee is responsible for the review of usage for compliance with applicable purchasing policies.

III. Proposed Card Users and Limits
The following is a list of the default monthly card and transaction limits for Card Users. Deviations from the proposed users and limits must be approved by the City Manager and documented in the City of Avalon Credit Card Request Form.

Position Card Limit Transaction Limit
City Manager $15,000 $5,000
Assistant City Manager $15,000 $3,000
Fire Chief $10,000 $3,000
Harbor Master $10,000 $3,000Public Works Director $10,000 $3,000 Finance Director $5,000 $1,000
Community Services Manager $5000 $1,000
_Assistant Harbor Master L $5,000 $1,000
Maintenance Superintendent $5,000
Other as designated by City Manager [ $2,500 ,
$1,000
$1,000
—1—
City of Ava Ion

CREDIT CARD PURCHASING POLICY
Revised: September 5, 2023
IV. Authorized Transactions
Purchases made by City-issued credit cards must adhere to the City’s Procurement Policy described in the Avalon Municipal Code Title 3, Chapter 4 and the City’s Travel and Expense Reimbursement Policy.

V. Unauthorized Transactions
The City credit card shall not be used for:
• Cash advances:• Personal transactions unrelated to official City business; • Transactions beyond established credit limits;• Purchases that circumvent or violate City policies or exceed budgetary limits for the category of expense; and
• Purchases unauthorized or unlawful under federal and state laws, including but not limited to ethical rules related to gifts and reporting obligations of eJected officials; VI. Reporting Requirements and Procedures
Within five business days of receiving the credit card statement, employees with City-issued credit cards (Card User) must submit to the Finance Department detailed receipts and descriptions of all credit card statement transactions, listing the business purpose1 attendees, date of purchase, merchant’s name and budgeted account codes.

If for some reason the Card User does not have the proper documentation for a transaction, an explanation shall be provided in the form of a memo countersigned by the Card User’s supervisor that includes a description of the item, business purpose, attendees, date of purchase, merchant’s name, budgeted account codes, and the reason why the documentation is missing.

Card Users shall take necessary measures to prevent unauthorized charges against the card. If the credit card is lost or stolen, the Card User shall immediately report the occurrence to the Finance Director so that the card may be cancelled. The Finance Department will coordinate with the Card User and the credit card issuer in handling all disputed transactions.

If the credit card is used for personal transactions, such use shall be immediately reported and the amount charged to the credit card shall be immediately refunded by the Card User.

VII. Monitoring and Reporting
The Finance Department will submit to the City Council a supplemental report attached to the bi-weekly warrant report that describes the individual credit card transactions for the month. -2-
City of Avalon

CREDIT CARD PURCHASING POLICY
Revised: September 5, 2023
The Finance Department will maintain a list of all credit cards issued, including copies of signed request forms and cardholder agreements, as well as support for any increases to the limits proposed in the policy.

VIII. Violation of Credit Card Purchasing Policy
Violation of this Policy may result in penalties including but not limited to:
• Loss of credit card privileges;
• A demand for restitution to the City for unauthorized or improper purchases; • Prosecution under state or federal law for misuse of public resources; • Disciplinary action up to and including termination.
-3-
City of Avalon

CREDIT CARD PURCHASING POLICY
Revised: September 5, 2023

ATTACHMENT A

CITY OF AVALON CARDHOLDER AGREEMENT
I,
hereby acknowledge receipt of the following credit card:
(last four digits)
I understand that improper use of this card may result in disciplinary action: as outlined in the City of Avalon Personnel Rules and Regulations, as well as personal liability for any improper purchases. As a cardholder, I agree to comply with the terms and conditions of this agreement, including the attached Credit Card Purchasing Policy.I acknowledge receipt of the Credit Card Purchasing Policy and confirm that I have read and understand the terms and conditions. I understand that by using this card, I will be making financial commitments on behalf of the City of Avalon and that the City of Avalon will be liable to U. S. Bank for all charges made on this card.

I will strive to obtain the best value for the City of Avalon when purchasing with this card.

As a holder of this City of Avalon credit card, I agree to accept the responsibility and accountability forthe protection and proper use of the card. I will return the card to the Finance Director, upon demand, during the period of my employment. I further agree to return the card upon termination of employment.

I understand that the card is not to be used for personal purchases. If the card is used for personal purchases or for purchases for any other entity, the City of Avalon will be entitled to reimbursement from me for such purchases. The City of Avalon shall be entitled to pursue legal action! if required, to recover the cost of such purchases, together with costs of collection and reasonable attorney fees.

Card Limit:

Transaction Limit:

Signature
Date
(Cardholder)
APPROVAL:

Signature
Date
(Finance Director)
Signature
Date
(City Manager)
-4-

CITY OF AVALON CITY COUNCIL
MEETING DATE: September 5, 2023 AGENDA ITEM: Sq
ORIGINATING DEP: Public Works CITY MANAGER: qj.i.PREPARED BY: Jamie Hmielak — Maintenance Superintendent SUBJECT: Authorize Purchase of Two (2) New Ford E-Transit Vans for Dial-ARide Services RECOMMENDED ACTION(S): 1. Authorize City Manager, or their designee to procure, per the City’s purchasing policy, two (2) 2022 Ford E-Transit electric passenger vans for a total not to exceed $205,000 to be used for the City’s Dial-A-Ride service, and other transportation needs. 2. Amend the budget for the Avalon Transit Fund to include a $205,000 expenditure for Vehicle Replacement Fund (Account 12325-6781) and $164,000 in offsetting grant revenues (12325-8073) for a net increase of $41000.

REPORT SUMMARY: The City of Avalon’s Dial-A-Ride service has been using two (2) 2015 Dodge Caravan minivans that were acquired in 2016. One of the vans has been inoperable for several months. and the other van has numerous maintenance issues. Both vehicles are beyond their useful life span, and not worth the cost to repair. Having only one minivan in service has created a hardship for Transportation Concepts, and the Dial-A-Ride service.

Numerous scheduled pickups have been cancelled while the one van has been out of service for repairs.

Due to the availability of zero-emission vehicle (ZEV) grant funds from Metro, the City plans to replace the minivans with all-electric Ford E-Transit passenger vans. The grant funds will cover the entire cost of the vans. The versatility of these vans will allow us to use them for transportation needs other than the Dial-A-Ride service if needed. One of the vans we are looking to acquire was delivered to Avalon to allow staff from the City and Transportation Concepts test drive the vehicle. Staff agreed these vans would be suitable for our transportation needs. Being an all-electric vehicle also helps promote the goal to eventuallyelectrify all vehicles in our community.

The procurement of these vans would go through the City’s contract with HGACBuy, which is a government cooperative procurement service. All contracts available to participating membersof HGACBuy have been awarded by virtue of a public competitive procurement process compliant with state statutes. This fulfills our procurement requirements for Cooperative Purchases within the Avalon Municipal Code.

FISCAL IMPACTS: Amend the budget for the Avalon Transit Fund to include a $205,000 expenditure for the Vehicle Replacement Fund (Account 12325-6781) and $164,000 inoffsetting grant revenues (12325-8073)fora net increase of $41,000.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Transportation Concepts will continue to use the current inefficient minivan, which may continue to causecancellations of our Dial-A-Ride service.

FOLLOW UP ACTION: Complete the vehicle procurement following the City’s purchasing policy.

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

ATTACHMENTS: Two (2) 2022 Ford E-Transit quotes
Creative Bus Sales
THE 144 tIDWS LAQ’S8”5 DEALER SlATE 1980 ] MODELI
2023 Ford F-Transit 350 (7+ 1)
City of Avalon
Sales Experience ‘ Nationwide Network
550+ Years of Collective Bus Sales Experience 22 Full-Service Locations Nationwide Servicing Over 1,500 Customers Annually Partners with 25+ Top Manufacturers Competitive Pricing t In-House Financing
Volume Discounts Seamless Transactions
Fixed Contract Pricing Flexible Structures
Creative Bus Sales offers dedicated sales, parts, and service departments to help you in all stages of bus ownership. Our customers benefit from our strong manufacturer partnerships, the largest in-stock inventory, and a nationwide team of experts. As a family-owned business with experience in the transportation industry since 1980, it’s no coincidence that we’ve grown to become the nation’s largest bus dealership.
40+ 22 350+ 1,500
Years In Nationwide Dedicated Annual
Business Locations Employees C ustome is
Contact Us 868.633.8380 CreativeBusSales.com
Creative Bus Sales
,11f NATIONS LARGESTBUS DEALER SINCE 1980
2023 Ford F-Transit 350
I
3 Contact Us 888.633.8380 CreativeBussalescom -- ...—%- .rr - & 1- - - HI Creative Bus Sales
TIfE!t4iiON LARG(STDUS UEALLRS’N(E 1980
Specifications
Chassis • 2023 Ford E-Transit 350, Medium Roof Van
• Engine: Ford OEM Electric Motor, Single, Rear
• Drive: Rear Vfrieel Drive• Power:l9BkW/266HP)317T0
• Battery: 68 kWh
• Fuel Type: Electric• Floor-mounted single pack Li-ion battery • GVWR: 9.500
Exterior • Length: 19’ 7.5”
• Wheelbase: 148”
• Running board on driver side, short step
• Running board on passenger side, full
• 16” Steel wheels with full wheel covers• Single Rear Wheel Interior • Flooring: Gerfior Black Graphite
• 6-rail Aluminum floor system
• Long Wheelbase ABS Piastic Interior wi 6 LED Dome Lights Mid Roof • Entry grab rail (stanchion) on right side (B pillar)• AMF Silver Series Level 3 Tie Down Kit — L Track • Freedman 3pt Mid-Hi Rigid Single Aluminum Floor Removable Seat (3) A/C and Heat • E-Transit HVAC System: Twin Air TM431 F-E Floor Mount 31K BTU A/C & 28K BTU Heat
Accessories • Sync 4 AM/FM/Bluetooth Radio
• 3 Years of Ford Telematics/Connectivity
Safety • OEM back-up alarm
• First aid kit, Fire extinguisher, Triangles
Charging • Wall Charger and 120V!240V Mobile Power Cord Included • On Board Charger 10.5 kW out/i 1 .3 kW in• Charging time:
• 15-80% DCFC (115 k 34 mm, 15-80% (50 k65 mm
• 0-100% 240V L2 (48A) 8 hours, 0-100% 240V L2 (30A) --12 hours Passenger • 7 Passenger, 1 Wheelchair Seating Options
Seating • Passenger Seating: — Seat Fabric (6): Jordan Blue Fabric — Freedman 3pt Mid-Hi Rigid Single Aluminum Floor Removable Seat (6) • OEM Driver and Co-pilot Seating -OEM Seats (2)
Included EV Accessories: Level 2 Depot Wall Charger,120V/240V Charger Cord, 3 Years of Connectivity through Ford Pr0TM Telematics Software Contact Us 888.633.8380 CreativeBus5ales.com
Creative Bus Sales
r(/ NATIONS LARGESFEUS DEALER SINCE 1980
WarrantyManufacturer Warranty Ford Warranty: Unique Electrified Corn ponents 8 year/i 00.000 miles Conversion Warranty Forest River Warranty: 5 Years / 100000 Miles All vehicles come with warranty, but Creative Bus Sales offers more value without the added cost.

Our coverage and support comes with each of our new buses — standard We Process All The Warranty RegistrationsWe register all of your bus parts for you) no more pesky warranty cards to fill out. This includes a//parts,wheelchair lift) electronics) HVAC, etc.We Handle All The Paperwork We admrnister and coordinate any warranty work. You make one call to our warranty department. and theytake it from there.

Repair Facilities Near You
ien warranty work is needed) we use service repair facilities near the bus location. We have over 3200authorized centers and growing) You will never have to drive far to get repairs completed.No More Claim FormsCreative Bus handles all parts of the claim process you will have no out of pocket expenses) no reimbursements, and the service facility will be paid directly by us.

Contact Us 888.633.8380 CreativeBusSales.com
,/ N. Creative Bus Sales Phone: 909.203.4800 Creative Bus Sales 14740 Romona Ave Fox: 909.465.5529 Chino, CA 91710 www.creativebussales corn
Buyer’s Order Contract
Date: July 26. 2023 Unit his): I
Customer Name: City of AvalonContact: Jamie Hmielak Phone: 310-510-0020 ext 123Address: 410 Avalon Canyon Road Fax:

City, State, Zip: Avalon, CA 90704 E-Mail: jhmielakfEicityofavalon cornCustomer ID: Salesperson: Mike FarrShip To Address: Attn: Jamie Hmielak -City of Avalon - 410 Avalon Canyon Road Ship To Address Cont’d: Avalon, CA 90704
Ship To Phone: 310-510-0020 ext 123 [Ship To Email: [email protected] Finance Source: Contact
Address: Phone:

City, State, Zip: County:Description of Vehicle: 2023 Ford E-Transit (Ford T350 Van 2WD Battery Electric Vehicle) HGAC Contract VIN #:

Engine Type: Electric FOB Terms: ShippingNumber of Passengers: 7 Wheelchair Positions: 1Estimated Delivery Date: 30 Days from P0 Payment Terms: Net 30 Unit Price $ 104339.00
Delivery $ -
Possession state:I CA Incentive (Non-Taxable) $ (100.00) Rebates (Taxable) $ (1,00000)
Doc Prep Fee (Taxable) $ 85.00Base Selling Price $ 103,324.00 ADA Amount (Non Taxable) S - Total Taxable Amount $ 104,324.00 Sales Tax* (Estimated) $ 6,325.16

6.063%I CA - Avalon $ -
Notes: Other Fees: $ 600.00
The lax and fees reflected on this agreement are based on the regulations applicable at - he lime of drafting this contract. The actual amounts due will be based on the regulations applicable at the time title for each vehicle transfer. DMV Fees* (Estimated) $ -Sales tax estimate is ca[culaled based on the location in whic)i he customer regislers be DMV Electronic Filing Fee $ 33 00 chicle ll rebates and incenlives will be signed over to creative Oua Sales. Tire Fee $ 7.00Dalifornia Slate Tire Fee of S1.75 per tire applies ID all new vehicie purchase or leases. Fees Sub-Total $ 640.00 Total Price Per Unit $ 110,289.16
Quantity 1Contract Total $ 110,289.160.00
Customer Net Trade S -Customer Deposit S -
HVIP S (8 625 CDBalance Due $ 101,664.16
Remit To: 9365 Counselors Row, Suite 112, Indianapolis, IN 46240 Version 2.0 5/25/2022 1 of 3
Terms and Conditions:

DEPOSIT If indicated above, Customer Deposit is due at the time of signing this order contract The balance due indicated above is due before vehicle(s) will be released to the Buyer. If the vehicle(s) is not accepted by the Buyer, the vehicle will be available for sale to other buyers. The vehicle(s) will not be titled to the Buyer until the contract total indicated above plus any interest charges indicated herein are paid in full. There is no cooling off’ or other cancellation period for vehicle sales. Therefore, you cannot later cancel this contract without the agreement of the Dealership, or for legal cause.2. DEALER NOT AGENT OF MANUFACTURER. Dealer is not the agent of the manufacturer. Dealer is not responsible for changes by the manufacturer in the price, available rebate, design or accessories of specially ordered vehicles. If Dealer’s price increases on a speciallyordered vehicle, or if a rebate to be received by Dealer is reduced or eliminated, the Buyer’s price will be increased by a like amount. If Buyer is dissatisfied with the increase, Buyer may cancel this order and Buyer’s deposit and trade-in or the actual cash value of the trade-in, if sold,minus any loan, will be refunded. Buyer understands that manufacturer may. from time to time, change the model, design, or other elements, including the parts and accessories, in the vehicle and at any time a manufacturer makes such changes, neither Dealer nor manufacturer areobligated to make the same changes to Buyer’s vehicle, even if such changes are made prior to delivery of the vehicle.

3. DELAYS, Buyer will not hold Dealer liable for any delay caused by the vehicle or any component part manufacturer, accidents, strikes, fires,Acts of God. or any other cause beyond Dealer’s control.

4. BUYER’S INSPECTION AND ACCEPTANCE OF VEHICLE. Buyer understands that damage may have occurred to the vehicle at the manufacturer(s)’ factory, during transport to Dealer, or while in Dealer’s possession, on Dealer’s premises, or at a show or promotional eventBuyer acknowledges that such damage to the vehicle, if any occurred, is typicaly corrected by the factory or repaired by the Dealer prior to delivery. Upon taking delivery of the vehicle, Buyer acknowledges: (i) having received ample opportunity for, and actually inspecting the vehicleas fully as Buyer desires and (ii) utilizing and relying solely upon Buyer’s own judgment to inspect and determine that the vehicle is of adequate quality, merchantable, and otherwise fit for the purposes intended by Buyer such that Buyer accepts the vehicte in its condition as of the dateBuyer signs the front page of this Agreement Buyer further acknowledges that Buyer did not make Dealer aware, and that Dealer was unaware. implicitly or expressly, of any particular purpose intended by Buyer for the Bus. Consequently, Buyer has not relied upon Dealer’s skill or judgment in the selection or delivery of the vehicle. Buyer acknowledges that Dealer has not made any representation regarding the vehicle’s condition, history, status, prior usage, quality of or regularity of care or servicing, nor the existence of prior damage and/or repair of damage except as required by law.5. W NOT A CASH TRANSACTION. IF YOU ARE FINANCING THIS VEHICLE, PLEASE READ THIS NOTICE: YOU ARE PROPOSING TO ENTER INTO A RETAIL INSTALLMENT SALES CONTRACT WITH THE DEALER. PART OF YOUR CONTRACT INVOLVES FINANCING THE PURCHASE OF YOUR VEHICLE. IF YOU ARE FINANCING THIS VEHICLE AND THE DEALER INTENDS TO TRANSFER YOURFINANCING TO A FINANCE PROVIDER SUCH AS A BANK, CREDIT UNION OR OTHER LENDER, YOUR VEHICLE PURCHASE DEPENDS ON THE FINANCE PROVIDER’S APPROVAL OF YOUR PROPOSED RETAIL INSTALLMENT SALES CONTRACT. IF YOURRETAIL INSTALLMENT SALES CONTRACT IS APPROVED WITHOUT A CHANGE THAT INCREASES THE COST OR RISK TO YOU OR THE DEALER, YOUR PURCHASE CANNOT BE CANCELLED. IF YOUR RETAIL INSTALLMENT SALES CONTRACT IS NOT APPROVED, THE DEALER WILL NOTIFY YOU VERBALLY OR IN WRITING. YOU CAN THEN DECIDE TO PAY FOR THE VEHICLE IN SOME OTHER WAY OR YOU OR THE DEALER CAN CANCEL YOUR PURCHASE. IF THE SALE IS CANCELLED, YOU NEED TO RETURN THEVEHICLE TO THE DEALER WITHIN 24 HOURS OF VERBAL OR WRITTEN NOTICE IN THE SAME CONDITION IT WAS GIVEN TO YOU, EXCEPT FOR NORMAL WEAR AND TEAR. ANY DOWN PAYMENT OR TRADE-IN YOU GAVE THE DEALER WILL BE RETURNED TO YOU. IF YOU DO NOT RETURN THE VEHICLE WITHIN 24 HOURS OF VERBAL OR WRITTEN NOTICE OF CANCELLATION, THE DEALER MAY LOCATE THE VEHICLE AND TAKE IT BACK WITHOUT FURTHER NOTICE TO YOU AS LONG AS THE DEALERFOLLOWS THE LAW AND DOES NOT CAUSE A BREACH OF THE PEACE WHEN TAKING THE VEHICLE BACK.

6. TITLE; ODOMETER STATEMENT. Title to the Bus will remain with Dealer until the agreed upon purchase price is paid in full in cash or Buyer has signed a retail installment contract and it has been accepted by a bank or finance company, at which time title shall pass to Buyer even though the actual delivery of the Bus may be made at a later date. Buyer agrees that no statement has been made as to the number of miles on any new, used, or demo vehicles, except as set forth in the odometer mileage statement as provided by the Federal Odometer Lawand on the face of this Agreement as required under state law which does not constitute a warranty, express or implied. or a contractual term of this Agreement as required under state law which does not constitute a warranty, express or implied, or a contractual team of this Agreement.

Buyer acknowledges receipt of such Federal Odometer Statement.7. TRADE-IN. If Buyer is trading in a vehicle, Buyer will give Dealer the original bill of sale or the title to the trade-in. Buyer promises that any trade-in which Buyer gives in this purchase transaction is owned by Buyer free of any lien or other claim except as noted on the other side of this Agreement. Buyer promises that all taxes of every kind levied against the trade-in have been fully paid. If any government agency makes a levy or claims a tax lien or demand against the trade-in, Dealer may, at Dealer’s option, either pay it and Buyer will reimburse Dealer on demand. or Dealer may add that amount to this Agreement as if it had been originally included. Any trade-in delivered by Buyer to Dealer inconneclion with this Agreement shall be accompanied by documents sufficient to enable the Oealer to obtain a title to the trade-in in accordance with applicable state law. Buyer warrants that the trade-in is or will be properly titled to Buyer and/or Buyer has the right to sell or otherwiseconvey the trade-in and the trade-in has never been a salvaged, reconditioned or rebuilt, flooded or a lemon buyback, and the trade-in is freeand clear of all liens or encumbrances except as may be noted on the front of this Agreement

8. REAPPRAISAL OF TRADE-IN. If Buyer’s initial trade-in value is determined by anything other than a physical appraisal by Dealer, Dealermay later reappraise and amend the value of the trade-in allowance at such time Dealer has the opportunity to perform a physical appraisal of the trade-in. This physical appraisal will then determine the actual trade-in allowance provided on the front side of this Agreement. version 2.0 5/25/2022 2 of 3

9. FAILURE TO COMPLETE PURCHASE Buyer agrees to pay the balance owed on the terms and accept delivery of the Bus wthin forty-eight (48) hours after being notified that the Bus is ready for delivery. Failure to timely accept delivery by Buyer shall give Dealer the right to disposeof any trade-in, trading any cash consideration received as a deposit and retaining the same, and at Dealer’s option, the right to retain any deposit and pursue any other remedy available under the law to adequately compensate Dealer’s incidental and consequential damages and allother damages, costs, expenses, or losses incurred by Dealer because Buyer failed to complete this purchase. If Dealer paid any negative equity balance on the trade-in, Buyer shall pay to Dealer the amount paid on Buyer’s behalf. If Dealer brings an action or involves an attorney toenforce the terms of this section, Buyer agrees to pay Dealer’s reasonable attorneys’ fees, court costs, and other expenses incurred in pursuingsuch action. 10, EXCLUSION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES. Incidental and consequential damages arising out of the sale, use. servicing and/or quality of this Bus, including. but not limited to, any loss of use, loss of time, inconvenience, aggravation, loss of wages/earnings/income, fuel/transportation expenses, hotel/motel costs, insurance, storage, rental or replacement, altered or cancelled trips/vacations, the cost of any food/meals and any other incidental and consequential damages are specifically excluded and Dealer specifically disclaims liability for any such incidental and/or consequential damages. Buyer acknowledges that Buyer shall not seek or recover suchincidentat or consequential damages from Dealer. Buyer acknowledges this disclaimer of incidental and consequential damages is independentof and shall survive any failure of the essential purpose of any warranty or remedy.

U. NON-DEALER WARRANTY(S) fj{ APPLICABLE). Buyer understands and agrees that manufacturer(s)’ written warranties, if any are applicable to this Bus, were fully and conspicuously disclosed in writing by Dealer, by Dealer disclosing and providing any such written instruments to Buyer prior to Buyer signing the front side of this Agreement and Buyer acknowledges having physically received such writteninstruments. Buyer acknowledges that Dealer is not an agent of the manufacturer and that Dealer has not represented or misrepresented the terms of any applicable manufacturer(s)’ written warranties because either (i) Buyer has read to Buyer’s satisfaction the actual terms of any such written instruments, which expressly state the coverage, application period, conditions, and exclusions or (h) Buyer has voluntarily chosennot to read such warranties.12. TAXES, INSURANCE. Buyer shall be liable for all sales, use, or other taxes of a similar nature applicable to the transaction unless such payment is otherwise prohibited by law. Buyer assumes responsibility to cover the Bus described on the front of this Agreement with necessary and proper insurance coverage and assumes all legal liability arising from the operation of the Bus from the time of delivery. Buyer understands that Buyer is not covered by insurance on the Bus until Buyer’s insurance company accepts coverage on the Bus. Buyer agrees to hold Dealer harmless from any and all claims due to loss or damage prior to Buyer’s insurance company accepting coverage on the Bus.

13. CHOICE OF LAW AND VENUE, FEES. Any controversy, dispute or claim arising out of or relating to this Agreement or breach thereof shall be interpreted under the laws of the state in which Dealer is located and venue will be in the state and county in which Dealer is located orthe applicable federal court. If Dealer brings a legal action to enforce or interpret this Agreement and prevails, Buyer shall pay Dealer’s reasonable attorneys’ fees and costs incurred in such action, If Buyer brings an action based on this Agreement and does not prevail, Buyer shall pay Dealer’s reasonable attorneys’ fees and costs incurred in the defense of such action or any part thereof

14. WAIVER OF JURY TRIAL; CLASS ACTIONS. Buyer agrees that any controversy, dispute or claim arising out of or relating to this Agreement or breach thereof will be decided by a judge. rather than a jury. Buyer further agrees in connection with this purchase to waive Buyer’s right to participate as a class member in any class action lawsuit that might be brought against Dealer.15. SEVERABILITY. Buyer and Dealer agree that each portion of this Agreement is such that if any term, provision or paragraph is found to beinvalid, voidable, or unenforceable for any reason, such provision or paragraph may be severed and all other portions of this Agreement shall remain valid and enforceable.17. ENTIRE AGREEMENT/NO RELIANCE. The written terms on the front and reverse side of this Contract comprise the entire agreement between Buyer and Dealer, and Buyer has read and understands the front and reverse side of this Agreement. No verbal, unwritten, electronicor other communication of any nature not contained in this Agreement was relied upon by Buyer, became part of the basis of Buyer’s bargain, or is enforceable by Buyer against Dealer even if alleged or determined to constitute fraud, fraudulent inducement, or fraudulent misrepresentation and no such verbal, unwritten, electronic, or other communication shall invalidate this Agreement or any written provision herein, or serve asgrounds for Buyer’s rejection, rescission, or revocation of acceptance of this Agreement or this Vehicle, such that Buyer cannot seek or obtainany statutory, legal, equitable or other relief against Dealer as a result thereof. Buyer acknowledges and agrees that all discussions, negotiations, advertisements, representations, and affirmations of fact in any format, whether verbal, written, electronic or otherwise, which arenot written in this Agreement, were not relied upon by Buyer, are not included in this Agreement, and are not enforceable against Dealer.

Buyers Signature:

Creative Bus Sales: 7/26/2023
CBS Signature
version 2.0 5/2s/2022 3 of 3
Creative Bus Sales
THE NA T’ON5 RGESTB’JS DE.4AR SINCE 1950 L] MODELT
2023 Ford E-Transit 350 (12 Passenger)
Creative Bus Sales offers dedicated sales, parts, and service departments to help you in all stages of bus ownership. Our customers benefit from our strong manufacturer partnerships, the largest in-stock inventory, and a nationwide team of experts. As a family-owned business with experience in the transportation industry since 1980, its no coincidence that we’ve grown to become the nation’s largest bus dealershipS
City of Avalon
7 —-. --;“t—
ItiuiI!i
a Sales Experience 2’ Nationwide Network
55Q+ Years of Collective Bus Sales Experience 22 Full Service Locations NationwideServicing Over 1500 Customers Annually Partners with 25÷ Top Manufacturers Competitive Pricing In-House Financing
Volume Discounts Seamless Transactions
Fixed Contract Pricing Flexible Structures
40+ 22 350+ 1,500
Years In Nationwide Dedicated Annual
Business Locations Employees Customers
Contact Us 888 633.8380 CreativeBusSales.com
4$ Creative Bus Sales THE NATION’S LARGEST BUS DEALER SINCE 1980 2023 Ford F-Transit 350
Contact Us 8S8.6338380 CreativeBusSalescom
fl Creative Bus Sales TI.?.! NA1IC.”f S LARGESrWJS DEALER SINCE 1980 Specifications
Chassis • 2023 Ford E-Transit 350, Medium Roof Van
• Engine: Ford OEM Electric Motor, Single, Rear
• Drive: Rear Wheel Drive• Power 198 kW/266 HP/317T0• Battery: 68 kWh • Fuel Type: Electric
• Floor-mounted single pack Li-ion battery• GVWR: 9.500 Exterior • Length: 19 7.5”
• Wheelbase: 14W
• Running board on driver side, short step• Running board on passenger side, full• 16” Steel wheels with full wheel covers• Single Rear Wheel Interior • Flooring: Gerfior Black Graphite
• 6-rail Aluminum floor system• Long Wheelbase ABS Plastic Interior w/ 6 LED Dome Lights Mid Roof* Entry grab rail (stanchion) on right side (B pillar)• Freedman 3pt Mid-Hi Rigid Single Aluminum Floor Removable Seat (11) A/C and Heat • E-Transit HVAC System: Twin Air TM431F-E Floor Mount 31K BTU NC & 28K BTU Heat
Accessories • Sync 4 AMIFM/Bluetooth Radio
• 3 Years of Ford Telematics/Connectivity
Safety • OEM back-up alarm
• First ad kit, Fire extinguisher, Triangles
Charging • Wall Charger and 120V/240V Mobile Power Cord Included • On Board Charger 10.5kW out/il .3kW in• Charging time:
• 15-80% DCFC (115 k 34 mm, 15-80% (50 kwi 65 mm
• 0-100% 240V L2 (48A) 8 hours: 0-100% 240V L2 (30A) —12 hours Passenger • 12 Passenger Seabng Options
Seating • Passenger Seating: — Seat Fabric (ii): Jordan Blue Fabric — Freedman 3pt Mid-Hi Rigid Single Aluminum Floor Removable Seat (ii) • OEM Driver and Co-pilot Seating — OEM Seats (2)
Included EV Accessories: Level 2 Depot Wall Charger,120V/240V Charger Cord, 3 Years of Connectivity through Ford PrOTM Telematics Software Contact Us 888.633.8380 CreativeBussalestorn
Creative Bus Sales
THE I6TIOwS L/IRGEcT BUS DEALER SINCE 1980
Warranty
Manufacturer Warranty Ford Warranty: Unique Electrified Components 8 year/i 00,000 miles Conversion Warranty Forest River Warranty: 5 Years / 100000 Miles All vehicles come with warranty, but Creabve Bus Sales offers more value without the added cost.Our coverage and support comes with each of our new buses — standard We Process All The Warranty Registrations
We register al; of your bus parts for you. no more pesky warranty cards to fill out This includes allparts wheelchair lift, electronics, HVAC. etc
We Handle All The PaperworkWe administer and coordinate any warranty work. You make one call to our warranty department, and they take it from there.

Repair Facilities Near You
‘en warranty work is needed, we use service repair facilities near the bus location. We have over 3200authorized centers and growing. You will never have to drive far to get repairs completed.

No More Claim Forms
Creative Bus handles all parts of the claim process, you will have no out of pocket expenses. noreimbursements, and the service facility will be paid directly by us.

Contact Us 888.633.8380 CreativeBusSales.com
4 • Creative Bus Sales Phone: 909.203.4800
• Creative Bus Sales 14740 Ramona Ave Fox: 909.465.5529 Chino, CA 91710 www.creaPvebussaIes COlT’
Buyer’s Order Contract
Date: July 26. 2023 IUnit4s): I
Dustomer Name: City of AvalonDontact: Jamie Hmielak Phone: 310-510-0020 ext 123 Address: 410 Avalon Canyon Road Fax:City, State, Zip: Avalon, CA 90704 E-Mail: ihmielakcityofavalonconiCustomer ID: Salesperson: Mike FarrShip To Address: Attn: Jamie Hniielak -City of Avalon - 410 Avalon Canyon Road Ship To Address Contd: Avalon, CA 90704Ship To Phone: 310-510-0020 ext 123 Ship To Email: jhmielakcityofavalon.comFinance Source: Contact:

Address: Phone:

City, State, Zip: County:

Description of Vehicle: 2023 Ford E-Transit (Ford T350 Van 2WD Battery Electric Vehicle) HGAC Contract VIN #:

Engine Type: Electric FOB Terms: ShippingNumber of Passengers: 12 wheelchair Positions:

Estimated Delivery Date: 30 Days from PC Payment Terms:

Unit Price $ 103339.00Delivery $ -
Possession state:I CA Incentive (Non-Taxable) $ (10000) Rebates (Taxable) $ -Doc Prep Fee (Taxable) $ 85 00
Base Selling Price $ 103,32400
ADA Amount (Non Taxable) S - Total Taxable Amount $ 1 03,324.00 Sales Tax (Estimated) $ 6,26&53

6.063%I CA - Avalon S -
Notes: Other Fees: S 600.00
The tax and lees reflected on this agreemenl are based on the regulations applicable al - :he time of drafting this contract. The actual amounts due will be based on the‘egulations applicalile at the time title for each vehicle transfer- DMV Fees (Estimated) S - Sa:es tax estimate is caiculatea based on the ioca:ion A wnich the customer registers ne DMV Electronic Filing Fee $ 33.00 rehicie li rebates and incentives will be signed over to creative Bus Sales. Tire Fee $ 7.00Dalifornia state Tire Fee of $1.75 per lire applies to all new vehicle purchase or leases, Fees Sub-Total $ 640.00 Total Price Per Unit $ 110,228.53
QuantityContract Total $ 110,228.530.00
Customer Net Trade $ -Customer Deposit SHVIP S (8.525.00)Balance Due $ 101,603.53 Remit To: 9365 Counselors Row, Suite 112, Indianapolis, IN 46240 Vertion 2.0 S/2S/2022 1 of 3
Terms and Conditions:
1 DEPOSIT. If indicated above, Customer Deposit is due at the time of signing this order contract. The balance due indicated above is due before vehicle(s) will be released to the Buyer. If the vehicle(s) is not accepted by the Buyer. the vehicle will be available for sale to otherbuyers. The vehicle(s) will not be titled to the Buyer until the contract total indicated above plus any interest charges indicated herein are paid infull. There is no cooling off” or other cancellation period for vehicle sales. Therefore, you cannot later cancel this conlract without the agreement of lhe Dealership, or for legal cause.2. DEALER NOT AGENT OF MANUFACTURER. Dealer is not the agent of the manufacturer Dealer is not responsible for changes by the manufacturer in the price, available rebate, design or accessories of specially ordered vehicles. If Dealer’s price increases on a specially ordered vehicle, or if a rebate to be received by Dealer is reduced or eliminated, the Buyer’s price will be increased by a like amount. If Buyer isdissatisfied with the increase, Buyer may cancel this order and Buyer’s deposit and trade-in or the actual cash value of the trade-in, if sold,minus any loan, will be refunded. Buyer understands that manufacturer may, from time to time, change the model, design, or other elements, including the parts and accessories, in the vehicle and at any time a manufacturer makes such changes, neither Dealer nor manufacturer areobligated to make the same changes to Buyer’s vehicle, even if such changes are made prior to delivery of the vehicle.

3. DELAYS. Buyer will not hold Dealer liable for any delay caused by the vehicle or any component part manufacturer, accidents, strikes, fires, Acts of God, or any other cause beyond Dealer’s control.4. BUYER’S INSPECTION AND ACCEPTANCE OF VEHICLE Buyer understands Ihat damage may have occurred to the vehicle at the manufacturer(s)’ factory. during transport to Dealer, or while in Dealer’s possession, on Dealer’s premises, or at a snow or promotional event.Buyer acknowledges that such damage to the vehicle, if any occurred, is typically corrected by the factory or repaired by the Dealer pnor to delivery. Upon taking delivery of the vehicle, Buyer acknowledges: (i) having received ample opportunity for, and actually inspecting the vehicle as fully as Buyer desires and (ii) utilizing and relying solely upon Buyer’s own judgment to inspect and determine that the vehicle is of adequatequality, merchantable, and otherwise fit for the purposes intended by Buyer such that Buyer accepts the vehicle in its condition as of the dateBuyer signs the front page of this Agreement. Buyer further acknowledges that Buyer did not make Dealer aware, and that Dealer was unaware, implicilly or expressly, of any particular purpose intended by Buyer for the Bus. Consequently, Buyer has not relied upon Dealer’s skill or judgment in Ihe selection or delivery of the vehicle, Buyer acknowledges that Dealer has nol made any representation regarding the vehicle’s condition, history, status, prior usage, quality of or regularity of care or servicing, nor the existence of prior damage and/or repair of damage except as required by law.5. IF NOT A CASH TRANSACTION. IF YOU ARE FINANCING THIS VEHICLE, PLEASE READ THIS NOTICE: YOU ARE PROPOSING TO ENTER INTO A RETAIL INSTALLMENT SALES CONTRACT WITH THE DEALER. PART OF YOUR CONTRACT INVOLVES FINANCING THE PURCHASE OF YOUR VEHICLE. IF YOU ARE FINANCING THIS VEHICLE AND THE DEALER INTENDS TO TRANSFER YOUR

FINANCING TO A FINANCE PROVIDER SUCH AS A BANK, CREDIT UNION OR OTHER LENDER, YOUR VEHICLE PURCHASE DEPENDS ON THE FINANCE PROVIDER’S APPROVAL OF YOUR PROPOSED RETAIL INSTALLMENT SALES CONTRACT. IF YOURRETAIL INSTALLMENT SALES CONTRACT IS APPROVED WITHOUT A CHANGE THAT INCREASES THE COST OR RISK TO YOU OR THE DEALER, YOUR PURCHASE CANNOT BE CANCELLED. IF YOUR RETAIL INSTALLMENT SALES CONTRACT IS NOT APPROVED, THE DEALER WILL NOTIFY YOU VERBALLY OR IN WRITING. YOU CAN THEN DECIDE TO PAY FOR THE VEHICLE IN SOME OTHER WAY OR YOU OR THE DEALER CAN CANCEL YOUR PURCHASE. IF THE SALE IS CANCELLED, YOU NEED TO RETURN THEVEHICLE TO THE DEALER WITHIN 24 HOURS OF VERBAL OR WRITTEN NOTICE IN THE SAME CONDITION IT WAS GIVEN TO YOU, EXCEPT FOR NORMAL WEAR AND TEAR. ANY DOWN PAYMENT OR TRADE-IN YOU GAVE THE DEALER WILL BE RETURNED TO YOU. IF YOU DO NOT RETURN THE VEHICLE WITHIN 24 HOURS OF VERBAL OR WRITTEN NOTICE OF CANCELLATION, THE DEALER MAY LOCATE THE VEHICLE AND TAKE IT BACK WITHOUT FURTHER NOTICE TO YOU AS LONG AS THE DEALERFOLLOWS THE LAW AND DOES NOT CAUSE A BREACH OF THE PEACE WHEN TAKING THE VEHICLE BACK.

6. TITLE; ODOMETER STATEMENT. Title to the Bus will remain with Dealer until the agreed upon purchase price is paid in full In cash or Buyer has signed a retail installment conlract and it has been accepted by a bank or finance company, at which time title shall pass to Buyer even though the actual delivery of the Bus may be made at a later date. Buyer agrees that no statement has been made as to the number ofmiles on any new, used, or demo vehicles, except as set forth in the odometer mileage statement as provided by the Federal Odometer Lawand on the face of this Agreement as required under state law which does not constitute a warranty, express or implied, or a contractual term of this Agreement as required under state law which does not constitute a warranty. express or implied, or a contractual team of this Agreement.

Buyer acknowledges receipt of such Federal Odometer Statement

7. TRADE-IN. If Buyer is trading in a vehicle, Buyer will give Dealer the original bill of sale or the title to the trade-in, Buyer promises that any trade-in which Buyer gives in this purchase transaction is owned by Buyer free of any lien or other claim except as noted on the other side ofthis Agreement. Buyer promises that all taxes of every kind levied against the trade-in have been fully paid. If any government agency makes a levy or claims a tax lien or demand against the trade-in. Dealer may, at Dealer’s option. either pay it and Buyer will reimburse Dealer on demand. or Dealer may add that amount to this AgreerrQent as if it had been originally included, Any trade-n delivered by Buyer to Dealer in connection with this Agreement shall be accompanied by documents sufficient to enable the Dealer to obtain a title to the trade-in in accordance with applicable state law, Buyer warrants that the trade-in is or will be properly titled to Buyer and/or Buyer has the right to sell or otherwise convey the trade-in and the trade-in has never been a salvaged, reconditioned or rebuilt, flooded or a lemon buyback, and the trade-in is free and clear of all liens or encumbrances except as may be noted on the front of this Agreement& REAPPRAISAL OF TRADE-IN. If Buyer’s initial trade-in value is determined by anything other than a physical appraisal by Dealer, Dealermay later reappraise and amend the value of the trade-in allowance at such time Dealer has the opportunity to perform a physical appraisal of the trade-in, This physical appraisal will then determine the actual trade-in allowance provided on the front side of this Agreement Version 2.0 5/25/2022 2 of 3

9. FAILURE TO COMPLETE PURCHASE Buyer agrees to pay the balance owed on the terms and accept delivery of the Bus within forty-eight (48) hours after being notified that the Bus is ready for delivery. Failure to timely accept delivery by Buyer shall give Dealer the right to disposeof any trade-in, trading any cash consideration received as a deposit and retaining the same, and at Dealers option, the right to retain any deposit and pursue any other remedy available under the law to adequately compensate Dealer’s incidental and consequential damages and all other damages. costs, expenses, or losses incurred by Dealer because Buyer failed to complete this purchase. If Dealer paid any negative equity balance on the trade-in, Buyer shall pay to Dealer the amount paid on Buyer’s behalf. If Dealer brings an action or involves an attorney to enforce the terms of this section, Buyer agrees to pay Dealer’s reasonable attorneys’ fees, court costs, and other expenses incurred in pursuingsuch action.

10. EXCLUSION OF INCIDENTAL AND CONSEOUENTIAL DAMAGES. Incidental and consequential damages arising out of the sale, use, servicing and/or quality of this Bus, including, but not limited to, any loss of use, loss of time, inconvenience, aggravation, loss of wages/earnings/income, fuel/transportation expenses, hotellmotel costs, insurance, storage, rental or replacement, altered or cancelledtrips/vacations, the cost of any food/meals and any other incidental and consequential damages are specifically excluded and Dealer specificallydisclaims liability for any such incidental and/or consequential damages. Buyer acknowledges that Buyer shall not seek or recover such incidental or consequential damages from Dealer. Buyer acknowledges this disclaimer of incidental and consequential damages is independent of and shall survive any failure of the essential purpose of any warranty or remedy.

11. NON-DEALER WARRANTY(S) APPLICABLE). Buyer understands and agrees that manufacturer(s)’ written warranties. if any areapplicable to this Bus, were fully and conspicuously disclosed in writing by Dealer, by Dealer disclosing and providng any such written instruments to Buyer prior to Buyer signing the front side of this Agreement and Buyer acknowledges having physically received such writteninstruments. Buyer acknowledges that Dealer is not an agent of the manufacturer and that Dealer has not represented or misrepresented the terms of any applicable manufacturer(s)’ written warranties because either fi) Buyer has read to Buyer’s satisfaction the actual terms of anysuch written instruments, which expressly state the coverage, application period, conditions, and exclusions or (U) Buyer has voluntarily chosen not to read such warranties.12. TAXES INSURANCE. Buyer shall be liable for all sales, use, or other taxes of a similar nature applicable to the transaction unless such payment is otheiwise prohibited by law. Buyer assumes responsibility to cover the Bus described on the front of this Agreement with necessaryand proper insurance coverage and assumes all legal liability arising from the operation of the Bus from the time of delivery. Buyer understandsthat Buyer is not covered by insurance on the Bus until Buyer’s insurance company accepts coverage on the Bus. Buyer agrees to hold Dealer harmless from any and all claims due to loss or damage prior to Buyer’s insurance company accepting coverage on the Bus,

13. CHOICE OF LAW AND VENUE, FEES. Any controversy, dispute or claim arising out of or relating to this Agreement or breach thereof shall be interpreted under the laws of the state in which Dealer is located and venue will be in the state and county in which Dealer is located or the applicable federal court. If Dealer brings a legal action to enforce or interpret this Agreement and prevails, Buyer shall pay Dealer’s reasonable attorneys’ fees and costs incurred in such action, If Buyer brings an action based on this Agreement and does not prevail, Buyer shall pay Dealer’s reasonable attorneys’ fees and costs incurred in the defense of such action or any part thereof.

17. ENTIRE AGREEMENT/NO RELIANCE. The written terms on the front and reverse side of this Contract comprise the entire agreement between Buyer and Dealer, and Buyer has read and understands the front and reverse side of this Agreement. No verbal, unwritten, electronicor other communication of any nature not contained in this Agreement was relied upon by Buyer. became part of the basis of Buyer’s bargain, oris enforceable by Buyer against Dealer even if alleged or determined to constitute fraud. fraudulent inducement, or fraudulent misrepresentation and no such verbal, unwritten, electronic, or other communication shall invalidate this Agreement or any written provision herein, or serve asgrounds for Buyer’s rejection, rescission, or revocation of acceptance of this Agreement or this Vehicle, such that Buyer cannot seek or obtain any statutory, legal, equitable or other relief against Dealer as a result thereof, Buyer acknowledges and agrees that all discussions, negotiations, advertisements, representations, and affirmations of fact in any format, whether verbal, written, electronic or otherwise, which are not written in this Agreement, were not relied upon by Buyer, are not included in this Agreement. and are not enforceable against Dealer.

Buyers Signature: Creative Bus Sales: 7/26/2023
CBS Signature
version 2.0 5/25/2022 3 of 3
IGACBUy INTERLOCALCONTRATFOR COOPEkATIVK PURChASING £23-li 12 THIS INTERLOCAL CONTRACT (“CoritracC’). made arid entered into pursuant to the Texas Tnterlocal Cooperation ct.

Chapter 79l, Texas Government Code (the “Act”t by and between the Houston-Galveston Area Council. hereinafter referred to as “H-GAC,” having its principal place of business at 3555 Timnions Lane, Suile 120, Houston, Texas 77027, arid City of Avalori. a local government, a stale agency, or a non-profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as “End User,” having its principal place of business at 410 Avalori Canyon Rd Avalon, CA 90704.

W’ITNESSETII
WHEREAS. 1-1-GAC is a regional planning conirilission arid political subdivision of the State of Texas operating under Chapter 391, Texas Local Government (‘ode: and
WHEREAS, pursuant to the Act. l-l-GAC is authorized to contract with eligible entities to perfonn govenirirerital functions arid services, including the purchase of goods and services: andWHEREAS, in reliance on such authority. FI-GAC has instituted a cooperative purchasing program under wInch it contracts with eligible entities under the Act: andWHEREAS. End User has represented that rt is an eligible entity under the Act. that Is governing body has authorized this Contract on 07/28/2023 (Date), and that it desires to contract with F-1-GAC on the terms set forth below; NOW, THEREFORE, H-GAC and the End User do hereby agree as follows:

ARTICLE 1: LEGAL AUTHORITYThe End User represents and warrants to H-GAC that (I) it is eligible to contract with H-GAC under the Act because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other politicalsubdivision of the State of Texas or any other state). or a combination of two or more of those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency ol’another state), or a non-profit corporatiorr created and operated to provide one or more govenirnental functions and services, and (2) it possesses adequate legal authority to enter into this Contract.ARTICLE 2: APPLICABLE LAWS H-GAC and the End User agree to conduct all activities trnder this Contract iii accordance with all applicable rules.regulalions. and ordinances and laws in effect or promulgated during the term of this Contract.

ARTICI&3: WHOLE AGREEMENT
This Contract and any attachnieuts. as provided herein, constitute the complete contract between the parties hereto, and supersede an\ and all oral arid written agreements between the parties relating to flatters herein.

ARTICLE 4: PERFORMANCE PERIODThe period of this Contract shall he for the balance of the fiscal year of the End User’, which began 07/01/2023 and ends 06/30/2024. TIns Contract shall thereafter automatically be renewed annually for each succeeding fiscal year. provided that strch renewal shall not have the effect of extending the period in which the End User may make any payment due an H- GACcontractor beyond the fiscal year in which such obligation was incun’ed under this Contract.

ARTICLE 5: SCOPE OF SERVICES
The End User appoints 1-1-GAC its true and lawful purchasing agent for the purchase of certain products and services through the H- GAC Cooperative Purchasing Program, End User will access the Prograrii through HGACBtiy.com and by submission of any dtily executed purchase order, in the form prescribed by H-GAC to a coniractor having a valid contract ;irh [-1-GAC.

All purchases hereunder shall be in accordance with specifications and contract terms and pricing established by H-GAC.

Ownership (litle) to products purchased through H—GAC shall transfer directly from lire contractor to the End User.

ARTICLE 6: PAYMENTS
Fi-GAC will confirm each order and issue nolice to contractor to proceed. Upon delivery oigoods or services purchased, and presentation ofa properly documented invoice, the End User shall promptly, and in any case within thirty (30) days. pay H GAC’s contractor the full amount of the invoice. All payments for goods or services will be made from cun-ent revenues available to the paying party. In no event shall H-GAC have any financial liability to the End User For any goods or scrvicesEnd User piocures from an H- GAC contractor.

ARTICLE 7: CHANGES AND AMENDMENTS
This Contract may be amended only by a written anlcndnlent executed by both parties, except that ally alterations, additions, or deletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automatically incorporated into this Contract without written amendment hereto and shall become effective on tile date designated by such tasv or regulation.H-GAC reserves the right to make changes in the scope of products and services offered through the H-GAC Cooperative Purchasing Program to be performed hereunder.

ARTICLES: TERMINATION PROCEDURES
H-GAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the uther party to this Contract. The obligations of the End User, including its obligation to pay H-GAC’s contractor for all costs incurred under this Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred tinder this Contract, until performed or discharged by the End User.

ARTICLE 9: SEVERABILITY
Alt parties agree that should any provision of this Contract be determined to he invalid or unenforceable. such deleniiinatiun shall not affect any other term of this Contract. which shall continue in full fbrce and effect.

ARTICLE 10: FORCE MAJEURE
To the extent that either party to this Contract shall he wholly or partially- prevented from the performance within tile lena specified of any obligation or duty placed on such party by reason ofnr through strikes, stoppage of labor, riot, Fire, flood, acts of war, insurrection, accident, order of any court, act of Cod. or specific cause reasonably beyond the party’s control and not attributable to its negtect or nonfeasance, in such event, the lime for tile performance of such obligation or duty’ shalt hesuspended until such disability to perform is removed; provided, however, force majeure shatt not excuse an obligation solely to pay funds. Deterniinatioii of force nlajeure shall rest solely with H-GAC.

ARTICLE II; VENUE
Disputes between procuring party and Vendor are to be resolved ill accord with the law and venue tiites of the State of purchase.

THIS INSTRUMENT HAS BEEN EXECUTED BY THE PARTIES HERETO AS FOLLOWS:

Cia of .Avaion llouc(on—Gait’eston .4 tea (‘aunci!Name of End User(local government, agency. or non-proftt 3555 Tinlnions Lane, Suite 120. Houston. TX corporation) 77027
410 Avalon Canyon Rd
Mailing Address
Avaton, CA 90704City, State ZIP Code
Signature of chief elected or appointed official I Date Daid Maistros. City Manager
Typed Name & Title of Signatory
By:

Lxecutive Director
Date:

END USER DATA
Please sign and return the Friterlocal Contract, along ‘vith Uris completed fbrni. to I l—(iAC by crrrai I iirg it to cpconiraccfax:tih—gac .com or h’ h\i rig it to 7 3—993—2424. The contract may aiso he riiai led to:
t;-c&: C,oicrative Purchasing ProgrAm
P.O. Box 2277, llonsrr,n, FX 77227-2777
Name of End User ‘\gencv: City of Avalon County Name: Los Angeles Mailing Address: P0 Box 707 Avalon, CA 90704
Main Telephone Number: 310-51 0-0220 FAX Number:

Physical Address: 410 Avalon Canyon Rd Avalon, CA >90704 Web Site Address: https://www.cityofavalon.coni/
Official Contact: Jamie ilmielak Title: Maintenance Superintendent Mailing Address: P0 Box 707 Phi No.: 310-510-0220
Avalon, CA 90704 EX No.:

E-Mail Address: jhmieIaki:cityofavalon.com
Authorized Official: David Maistros Title: City ManagerMailing Address: P0 Box 707 Ph No.: 310-510-0220 Avalon, CA 90704 EX No.:

E-Mail Address: tIinaistros(acityofavalon.com

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Houston. TX 77227-2777
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CITY OF AVALON CITY COUNCIL
MEETING DATE: September 5, 2023 AGENDA ITEM: SORIGINATING DEP: Public Works CITY MANAGER:

PREPARED BY: Robert Greenlaw, Public Works Director
SUBJECT: Wastewater Treatment Plant Backup Generator Procurement RECOMMENDED ACTION(S): Authorize the City Manager or his designee to procure a newbackup generator from Volvo Construction Equipment & Services in accordance with the City’sprocurement standards for a not to exceed cost of $100,000.

REPORT SUMMARY: In April 2023 Montrose Engineering, Inc., identified that the backup generator at the City’s Wastewater Treatment Plant was non-operable.

After further evaluation, it was determined that the unit had reached the end of its useful life and it would be inefficient or impossible to facilitate repairs. Staff determined a replacement should be procured as soon as possible. A dependable primary and backup power source are essential to the function of the wastewater treatment facility. As a temporary stopgap measure, Staff located a rental portable generator for the facility to utilize. The cost of the rental is $6,300 per month regardless of whether the generator is in use or not.Ultimately, the generator is essential for operation and due for replacement. This expenditure isbudgeted in the wastewater treatment plant capital improvement plan.

On August 1, 2023 City Council authorized the City Manager or his designee to procure a usedbackup generator in accordance with the City’s procurement standards for a not to exceed costof $85,000, as a new unit would take approximately 12 months to procure. Since then staff wasable to located and negotiate pricing for a new backup generator for a base price of $94,380 from Volvo Construction Equipment & Services located on Corona, CA. They have the generator in stock, and would be available to us within a week. Additional funds are being requested to allow City Manager to procure the new generator at a total cost not to exceed $100,000.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will continue to incur monthly rental inspections for a backup generator at the wastewater treatment facility while a permanent solution is identified and implemented.

FOLLOW UP ACTION: Implementation of City Council direction.

FISCAL IMPACTS: Undetermined. Expenditures budgeted in Sewer Capital Reserve Fund(#1085-6521 —CIP Project #20512).

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

ATTACHMENTS: Generator quote form Construction Equipment & Services Volvo Construction Equipment & Services
VCES Corona22099 Knabe Rd Construclion EquipmentCorona, CA 92883 & Services Ph: (951) 277-7620Ex: (866) 215-1474 ProposallRetail Order 08128123
Sates Rep: Scott Nadell (Mobile: 619-778-6039)
Invoice to: City of Avalon Ship to: City of Avalon
Contact: Jon Gilbert Contact: Jon Gilbert
Address: 410 Avalon Canyon Road Address: 22099 Knabe Rd Avalon, CA 90704 Corona, CA 92883
Phone: (310) 857-8246 Phone: (310) 857-8246
Fax/Email: buiIdingofficialcityofavalon.com Fax/Email: buildingofficialcityofavaIon.com FOB Point of Origin - Ship Via: VCES Corona PREAD I X I COLLECT TERMS: Net due on receipt X INet due 30 days I I Installment plan I I Financing (see below) Unit ID Year Make Model Serial No. Firs Description Total Price E018075 2023 Doosan GI2SWCU 511293 NEW Mobile Generator $ 85.80000 — - See attached specifications $ - Camlocks Included — Battery Charger Included — Intelligent Load Management System (“Load Bank”) Included $
$$$$$
3 $$3
$$
Warranty: Standard 12 Months 3000 Hours Expires: tsR EquipmentTotal: $ 85,800.00 Standard warranty covers the full machine, bumper to bumper Trade-in Credit: $ - Downpayment/Credit: $ -
Standard Full Machine Warranty is for lyr and runs concurrently with extended warranty. Net Price: $ 85,800.00Preventative Maintenance Contract: ACCEPTED DECLINED Non-Taxable Items: $ -Finance Details: Cash Sale Doc Fees $ - Subtotal: $ 85,800.00
Sales Tax % 10.000%
Sales Tax $ $ 8,580
Total Price:I $ 94380.00
Notes: Notes:

Machine subject to prior saleHours are estimated
Tax exemption req re-se//ers permit
Quote valid for 30 days
VJrv.’,’iireruNd,,,cithrer,r,,’ o,ryoIi-’ her,-,I,issiIetIIeC,iifs,,,,,PiN.rr,-vucsvSou,,jI,Li ,Oti—Poe}D’e,s” i,,uoRE.t,jiai,s, ,iie’Ersr’_’uoul’iIwebis’i:o,-rIr,,ra’,,ai.,,,k-’.,r.,,I ,ee’ceesi’.sasr,ssta,,-ssiislu,rts l’s nis,ei’.,in,,,ais, r4eas’,siatthecaIifs’,’’,r,;’ITsev,cer Rsat’JeeL’iriEvI’I,Te’TvsW,ITTn,gorr,,’p:i,,Ies,-Tvr.Ji..SHI,E,’ THIS DOcuMENT is ACONTRACT INCLUDING IMPORTANT TERMS fl4DCONDITIDNR I HAVE REVIEWED ABD ACCEPT ALL TERMS flID cONDITIONS. INcLuDING WITHOuT LIMITATION. THOSE ON THE 2ND PAGE OF THIS cONTRACT. i HAVE READ THIS cONTP.AcT AND AUTHORIZE THE ENTRY OF THE ABOVE ORDER SUBJECT TO THE TERMS PID CONDITIONS HEREIN Customer
PONo. 0
Customer VCES
Signature: Signature: Sarrtsrd
Title:

Title: Government Sales
Date:

Date: 08/28/23

THIS ORDER NOT ACCEPTED OR BINDING UNTIL APPROVEO BY AN OFFICER OF VOLVO CONSTRUCTION EQUIPMENT & SERVICES Mobile Generator
Unit SpecifIcations/OptIons
O$flign Na. Description
TERMS AND CONDITIONS — EQUIPMENT SALE

1. General: The Tenors and Gondilicris ol Sale outlined Irerni p shall apply to I be sole by Volvo Road Maul nec) Inn. dibia VoIce Coeslnculinin Eqsopnrepll Senvnceo (heneinallen mInced In asContpany)of prodacts,nqoiprnnnlarodpans ielatinalberelotltereinalernnlnrnedt000Equip ilrnrll. Unless piror on ‘lIen a5rc-rsre nlis reached. ii shall be andeeslood Ihal lbs Coonpany’s e050edinawilhanworkshall bunoccordarceai,llorlreternosandccrdit,onooull,nedheeerri.

TbeConnpanyhneeby givesnotiee ol,lscbecliooiOanyaddrliunalondilieenntlenmsirrntlodedinany purchase order or olbnr lorno subrw,lled hi) hr Pane fraser Such addilional or d,llennnl teemsshalt fbI b einnludnd in The Cnnnpany will Lure ply sni,lli applicable loors and retidalrons as hey may apply to Ihe rnaeunaclonn otlhnEqupprnenlCoipianceailhaiiylocalponemnnnolallaws nelaling In the location ocr or p relation of lEe Ego’ pr’nenl on its useequiprnerl, shall be lion cute responsibility ol Ihe Paichaser2.1111. and Risk .1 Los.: Tale and nub el loss or darna0e In Ihe Enurpmeer shall pass In IhePulechaseoLlpoolepderoldaliaei’i)FOB nnranunaclurringlauil.lyueless olherwise,0eeedaponby the parses, eonept Ihal a Seoul dy inlernul ie he Equrprnenl snaIl remain in lbs Cnmpan tngardlessonmnde nlallarhmeelloreallyorolhei properly. anlrlrull paymenl has beonmalhnrnlne. Pcechaseragreesoponrequesllnallrhingsaed aslsnesessarylo perleclandnnaintarn slishsesuertyislerenlarodshall prnlecl Cnrnpasysierlenestbyadeqaalnlyiesane5lheEqaiprnnenr aga,nsilosuardan,agelrornoanyuausewherein Ihecon’rpanyslrailbenamedasanadditional

3. Assi*nnn.nl: bdn,lher pailp shall assign or Iransler IIi’s conreacl wrtlior.tt the moe usellee sosserilsttbnerberriarly ThrCnnopanyhoweveruhallbe perrn’rledlsasorgn antranslrrw,lloour lliepriclaiirlleirsorrsonl oithePuirchaser,IheCernpany’sngbltorrceroe allnnanyperlinrntrhe roayrrnnnl dae lrsintl,e Purchaser under this cenetasl4. Delivery end Delays: Delioeiy dales shall he ‘ernepteted as eslrroaled and in no evenl shaltdales beo.dinsliuedaslail,ngai,lhinline measiegol’linneisnrlloe nssrnue TheCsmparycballrotbeliableleranylossoiaelayduelralar,rrnrs,trro,Inod,slnkeo Or cuber labor dilticclby. ads 01 e,ol or military ararhnaly ,riclodieo yesernreeer al laws, eider, priorities of I he Paruiraser, embargo, oar shorrage. damage or delay in trans poinalron. inability 10 oblain eecessary labnr nn malenials roes sisual sources. laolry loegoings yr casIrnIs. ornlher saunes bnyora I he reasonable uonlrol or he Ceerpany In Ire eeenl or delay in perlormansedaern anysrieheaurse rIte daleob dehoerysrrimeboisernplelrnnwilbeadlastedrnreflesllhnaolulallenalholhntriestbeeeassn nlsusli delny.thePutshasrr’sresriplolEnoipnnentshallconsldul eawaiocr ol any damns lot delayS. Tanks: The pnuu dons rol include any prrsenl Oi lotnie Eede’nl. State. or local pioyniry, koerse, pe.sihefln vale ease. cease. prays necerplo & nIl-en bun lanes on ausoosnnen-tn wl’Ein nayrearplcabhelo,oneascaeohy,& rrrnsedupsr& nensl.lenrrrll’is lea-baCon onanoyseenscesrerfeannedlnenoeneclionl-ynennktdh Siibl.neessnrlbe rnzedsnparaleryloPcwnhasnr whostial niakerenuneapaynooedlolheCcnpaev TI.sCmnrpanyaor’laccnnt asutdeeennnilai’Icellrinalebeen P000ha000 ir ayop’oconle It sal’ pee rpton cevaas ale is erol enco5maed by Il-c goaei

30.10. aelo.Inyiei.olsee. Puechasee a2nrca In cia_per, rereuwserirn Canpanynon an,laoeo so-aaradbynieheoa-nrl.an’ cn’Iilroala onlachrrreconipaeey isreooredlopay.e,Senoars,enedpen Pmxmriasern&arvarabattder500rasnigr’ensr’arhas’e:o’natgr-iroElan ccrrpeecalibr oetocrransls esl anpar-noatasobd.bn:cnreoayade:ntlreCoe’pan’,iccyse:b-s7. Patents: The Company shal de°end any oral no ei0sceee becalm agaenol the Pr,chane- aery oiialpaya.iyadvernel,msa0100hnhenleeel:Ierensoaaas500bsc,loepenceedrna suatedirora dsnrr:Pallhesneelthe Eqm.aowrrnrrirr’aiieasael.tedhyreeCsi’maoy ar’eIremsI’eduendnn:l’sooerraul.const’lr’lnsielnepenreeloianyr.nteeaotleneUnledSialesolibnenrca.e’oS.dejt’iwCacpaeyispeoinralyectiediewe001009,cenlmhnacTnav,y.reroernalrcnand ascsl’.eseby roe derensenlcarne andlh-eConnipaeyslnall aliiscr’on, reoccnlorlhePiecl’aser i,snseshhqiarmeel. reracdp ilnelha.abecanneceoe-ebingr1, reslaca Inn sarrewi:noee..etleie.noecunemerd of en moot s’,ach Ena preert and notE, end nc rscbase price The Ieiensrrna nb-a nob besenclei.edrointlndearyagennrrmnn:hytrseCo-epanvloaccnnrasp liabd ly wbialsooeee wah eenyecl IC palevois or ecieediuns •raEUdag more iran Ibe Eqr.pnrenlnr.eennheabs,-neandyrneratennnrerme,Iedsarre Eracessesle besarriedor,1 nalhrireaaollhreF9cpeerd The loee0dng stares lee trace Iabh€y urIne Ccrrruaqy unmlh reoaed 10 paInedn.wan’anry:r.iecnreas iuara-asrrnalr’ea Liaor’enedenanaraclaneebymeaeddehyncdhereonreew Ilbel-enoodefacs nraerulandwaabe-nansl prurrsererodonle_neopecrliedln Ensyrenreet. relrsiraeerncn-ponatcdseeetn by
The Ponshaney shall be ohlinaled In prorttpllyeryorlan nature In contoern to Ike applicable warranty In Iho company in wdling milrtin be anplioab(n warranty nndod wrnrnuron the Cornnaryshall.alltsopllon, curtncloachnurcorlurttntlybysoilabloreparr losoch Eqoipnocelortoreish a replacemenl pad P.0.5. poinl nI obipmenl. pnsnidod I he Patebasee has sInned, installed.rnainlainndandopeealydsnch Eaiymnnlinascoedancewithocodinduietey tantices aedhascoreplind oailh conciSe nncnmreendvlions on Ike Compaey. The Company shall cot he hable noranytnpains,nnylannrnpnls, ntadiaulmnnrololheEqoipmenlcn anycools ollabonpenlontoedtrp lbs Parchaser or olhern without lIlt Company’s pror written approcat Tlreetneclsnlcoerosinn,eeesinn ondnnrrnalweae andlnar aeaopnciiicallynoclirdedtrnintioe Corn any’s warranty. Penloere anso warranries, in any, ate limlled to lb 0cc orec ilicall yslatrdioitinin Ibe Corn any’s proposal. Unless responoibrlily ton menliny sash perforritarce warranties is limilo10 specilind shop or EnId curs. he Company’s obligation shall be Incorrect in he nroaenoe and lotlen period ot lime prooded in Ike applicable watratlly.

Accessories or eqoipwenl rcinyiohed by the Cowyany, bol eeanataclornd byotinorsinolirdina buT 001 ‘wiled to. engines, lines, balledes, cooler clnclncal eqaipment. hyaraclmc transrnissiand cannons, shaH rawhalever waenaetylhe vlranulaclcrers Iraoeconoeyed Istl,e Companyand which can he 000ed on 1° he Porchaonn.

THE COMPMNY MN(ES NO OTHER Wo’sRRANTY ON REPRESENTATION OF ANY KIND WHATSOEVER. EXPRESSED OR IMPLIED EXCEPT THAT OP TITLE AND ALL IMPLIEDWPRRALJTIES. INCLUDIND PlOY IMPLIED WARRMaTIES Dr MERCbOMdTAHILITY DRFITNESS yoR A PARTICULAR PURPOSE, P)OE I’IERESY DISCLAIMED Conecrion hylbeCornyonyolnonconlovntitieooihrtherpalennoelatoellsthcmarnsrasd Icr the penod of time providnd above, shall ccnslittde yollillisetil 01 all Irabililins on Ihe Com any Ia, sucbnonconrorrn,ties.wholl,erbaoedoncoroleacl.warnaniyregil1eece indemeilystilcfhabilttyoiorherasioewlthrespeclloer atisicgnolonsslnhErpuiponenr Thn Paechasensbaunatopetalc EqriiprnnetoibrchivcnrsidnrndtobeaLfcr,lIsic wlthnlot Connpariy in eaar?oItIs intnrti onto do so, Any such cisc on S qcirieelir will bear rho ALL USED EQUIPMENT IS SOLD AS IS. WITH ALL FAUlTS

1. Llenilarleos or Liabiliry: THE REMEDIES OF THE PURcHASER SET FORTH HEREIN ARE EXCLUSIVE. AND THE TOTAL LIASILITY OF THE COMPAITY WITH RESPECT TO THISCONTRACT OR THE EOUIPMENT AND SERVICES FURNISHED HEREUNDER. INCONNECTION WITN ONE PERFORMANCE DR BREACH THEREOF OR FROM THEMANUFACTURE SALE. DELIVERY. INSTALLATION. REPAIR OR TECHHICAI, DIRECTIONCOVERED BY OR EURNISHEL) UNDER THIS CONTRACT, WHETHER BASED ONCONTRACT WARRANTY NEOLIGENCE, INDEMIdITY STRICT LIABILITY OR OTHERWISE.SHALL NOT EXCEED TH PURCHASE PRICE OF TH UNIT OF EOUIPMENT UPON VOWIICH SUCH Li.5WLIT IS EASSD.

ThE CCWPANY AND ITS SLRUERS SNv°LI, l’s’ NO EVENT SE LIASLE 0i] PLwOCHASER. FRY S’JCCSSSCRS IN INTE,REr OR AIN BENEFICIARY DPI ASS’CNEE OF THIS CONTRACT CR EdIT COIISEOOJEHTIA_ INCIDENTAL IPC1ECT lit’ECISI. OR PI,nTIVE DNdADES .0.005315) OUT Q0 THIS CONTRACT OR ANy BREACH THCiTEOE CRndy OREECT IN. CR FAiLURE OF. OR rbsSLFLnnrcrloN OF HE EOUIPMENE °IER&LF,IDER?5tEThER SASEC U°Cti LOSS ‘OP o,SE. LOST PROFITS OR REVENUE POTEREST LOAn0000WLL WORK STCPaAOS IM°ArOOdEt’aT 0c OcHER 0000’S. LOSS BY REcTOR OF SEUTDO’omhTd OR SCN_TJPES,A’t’IC.Sm nICRE.SSED EX0ENSOS OF 000ERArION DCS 2c PLITC”ASE OF REPo,AiDEMENT PC’.a’CR Old CLAIMS 0m Pe,RCHASEIO OR OTnDP.aEHS 0°’PLHC-°’°,SER 50R SERVICE INTERRUPT’oed Y.’E°,IIEH CR noon SLicer ICS .1° Ti’rVilOEIS EASED 35 CO5CRi’pCT WAI00OANTY NEC. TPNTF. IndoEsaRIry STPICF LIAGILITY OlEOTFrPWISE. no, Nuclear Liability’ I n:be corn’. Il-a: PIe Eqidpn-e-ir said hnneeeasiee is lob nosed in a n,s’ieao rand tj tie Puipsinas. nW” eelnaars arid agrecs lb rinse ‘p he Cc-i-ic a ,ia d°0. Its stproas or aryenai,inae darrace iesiuhaiossoloase In anyrr’annrood’s ng,slbi aeacteanrcdenr wholler alleged to En don ir stein on no pat tO co cud gence on ot’nm%nisa CI the Connpany cc cc uI,inF’ie.s.ll.baoemingLaw,”Irnren:sa’adebl’omia’rs o°Iire panliensliall flegoseinedhylielauss cIrceStateorNpnnbzaechnanes[reroit000.4h;toollawEnnomplev.The,,ndcc%aIr000 CcoisemilharroriCoo’ leads ‘en ha Irtenaiiund Sale ny Ocedu snail rind aprdre lb Ibis conibnacl.12. Eneoal-on’ The Ccrnp.any sha lout be botnd sy seeilrarr maoiy -oodidsateon Berets Lr:Ianenovnd en wnirrg Oy an ednltnearhoColrpany. T.no Em’-.ra ‘she-i so appoo-aed steal sice’seaeallm .slrsdorrrssacal,00ns, eitlinncna&airlleri.artrnewncltotkcsnrgedrmatter TERMS AND CONDITIONS — EQUIPMENT RENTAL
Less eeagnrrslo nerlthe Equinwenl tai Ihetet wand arrhr siipalaledreslallaleudndlopay susheetitalwnen duemrleupeclioe 01 anyclairirs demaeds,sssofls.aclmons, sues on nroneedinos. tiralil waybaoeon aosena1ainslLessm
2,FromltlelimelheEguiprrtenl rouhippedlrornLeucoe’ueasmlily, uslilili.rclornndlo Lessorsanag-raled loudly, Lessee shall p1 isa Inn Eqiacoreer sniety in Iso cyrdisI olirs basinous; 00ase arId pneue’vo Ibe Eq.apeeerr°. irlararelsl ntboer and Iaee*d macice 11.1) at Is anon eapeose bnrptbeEqspioinnl novaoirepa’r.coedoeavaodaoolnegmderaedpaynlnocouloranyandal parts and aba neqr.Iaod
— Olaf rs.Taose. Sang 0* earns rnaevsdauacaed 00 lurnaslned by he manulaelueenoltrneEq.an,need (ml clef noahe Mi onalerial akeeat urn In he E ‘noniene En norernpllyrctrey Lesuol olariyIbsuol&daerlagnrolhe Eoidpnneel,and lsvlassa-nelhe eesneeis oelas000ar.doaloaperolheEqapmee,ard.grsynedealrrlopesoeu.lro,ananyuaease whaloonvenansiva tie ernlysagoeereena.
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Reference Sates Order No’ EQ18075 CIlyolAvalon

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CITY OF AVALON CITY COUNCIL
MEETING DATE: September 5, 2323 AGENDA ITEM: (0
ORIGINATING DEP: Administration CITY MANAGER:

PREPARED BY: David Maistros, City Manager
SUBJECT: Resolutions Adopting an Amendment to the Healthcare Article of the Memorandums of Understanding Between the City of Avalon and International Association of Firefighters Local 2295, Management, and Confidential/Unrepresented Labor
Associations, and SEIU 721 Avalon Harbor Unit and SEIU 721 Avalon Municipal Employee Unit
RECOMMENDED ACTION(S): Adopt resolutions amending the Healthcare Article of the Memorandums of Understanding between the City of Avalon and the International Association of Firefighters Local 2295, Management, Confidential/Unrepresented Associations, and SEIU 721 Avalon Harbor and SEIU 721 Avalon Municipal Employee Unions for the contract period July 1, 2022 through June 30, 2025.

REPORT SUMMARY: On May 3, 2022, City Council adopted resolutions approving the Memorandums of Understanding (MOUs) between the City of Avalon and the International Association of Firefighters Local 2295 (Resolution 22-25) Management Association (Resolution 22-27), and Confidential/Unrepresented Association (Resolution 22-26) effective July 1, 2022 through June 30, 2025.

On July 19, 2022, City Council adopted resolutions approving the MOUs between the City and SEIU 721 Avalon Harbor Union (Resolution 22-43) and SEIU 721 Avalon Municipal Employee Union (Resolution 22-44).

The MOUs address City healthcare benefits by establishing a maximum contribution to be paid by the City toward the health care premium of the employee’s selected Plan (medical cap”). As it relates to healthcare benefits and cost of living increases, all MOUs contain a provision requiring parity between all associations. All MOUs tier the medical cap based on employee’s date of hire.

Per the MOUs:

Plan Type Medical Cap — Medical Cap — Employee hired before 12131115 , Employee hired after 1/1/16 Employee Only $777.99 $667.69
I Employee+One $1,283.21 $1,171.91
Family $1,600.00 S1,501.22
Employees may select healthcare plans that exceed the medical cap, but any excess costs are paid by the employee (“out of pocket employee contribution”).

Annually CaIPERs updates its member health benefits. CaIPERS healthcare plan premiums increased approximately 12%-i 7% effective January 2023. In July 2023, City Staff received the 2024 CaIPERs Association Premium update. The 2024 update showed an increase in premiums by more than 15% over 2023 rates for some healthcare plans.

Under the medical cap outlined in the current MOUs, the increased premium rates will result in a significant (as much as $6,000 a year) increase to the out-of-pocket employee contribution since the commencement of the MOU’s.

The proposed addendum replaces the two-tiered system with one and increases the medicalcaps by 4-20% depending on the plan type (employee only, employee +1 or family) and hire date of the employee:

Plan Type Medical Cap — Employee Only $800.00
Employee + One $1,500.00
Family $1,875.00
Per the existing MOU agreements: ‘Any agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and approve and implemented by Avalon’s City Council For the life of this MOU, Union and the City mutually agree that to reopen negotiations with respect to any subject or matter covered in this MOU requires mutual consent by both parties...” The City Manager presented a proposal to association and union representatives on August 17, 2023. There was consensus among the association/union representatives to move forward with a formal amendment of the MOUs.

FISCAL IMPACTS: Potential increase to the FY 23-24 operations budget (account code3045).

GOAL ALIGNMENT: Employee relations.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Many employees will have a significant increase to their out of pocket medical contribution.

FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENTS: Resolutions and MOU Amendments
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

APPROVING THE ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF AVALON AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295

REGARDING HEALTHCARE BENEFITS
WHEREAS, the International Association of Firefighters Local 2295 (IAFF) is a recognized employees organization representing employees in the classification of Fire Captain, Fire Engineer and Fire Fighter; and
WHEREAS, on May 3, 2022, the City Council adopted Resolution 22-25 approving the Memorandum of Understanding (MOU) between the City of Avalon and the International Association of Firefighters Local 2295 (Fire Union) effective July 1, 2022 through June 30, 2025; and
WHEREAS, healthcare benefits, as outlined in the MOU, establish a maximum contribution to be paid by the City toward the health care premium of the employee’s selected Plan (‘medical cap”); and
WHEREAS, as it relates to healthcare benefits and cost of living increases, all MOUs contain a provision requiring parity between all associations; and WHEREAS, CaIPERS healthcare plan premiums increased approximately 12%- 17% effective January 2023; and
WHEREAS, the 2024 CaIPERS update shows an increase in premiums by more than 15% over 2023 rates for some healthcare plans; and WHEREAS, under the medical cap, the increased premium rates will result in a significant increase to the out-of-pocket employee contribution since the commencement of the MOUs; and
WHEREAS, the MOU article “Full Understanding, Modification, and Waiver” states: “Any agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained [within the MOU] shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and approve and implemented by Avalon’s City Council”; and
WHEREAS, the article continues, “For the life of this MOU, Union and the City mutually agree that to reopen negotiations with respect to any subject or matter covered in this MOU requires mutual consent by both parties”; and WHEREAS, the City Manager met and conferred with all five City labor associations and unions in August 2023 regarding the proposed amendment, and the City has satisfied its obligations under Government Code Section 3505 and the City Personnel Rules and Regulations; and
WHEREAS, the IAFF and City Manager have reached an agreement and supports the article outlined in the addendum to the MOU.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the terms and conditions set forth in the addendum to the MOU between the City of Avalon and IAFF, a copy of which accompanies this City Council item and is incorporated by reference herein; and
BE IT FURTHER RESOLVED, the terms and conditions of the MOU shall be in full force and effect from July 1, 2022 through June 30, 2025, except as specified otherwise in the MOU; and
BE IT FURTHER RESOLVED, that it is not the intent of the City Council in approving this MOU to change, modify or repeal in any way any of the existing rules of the City of Avalon; and
FINALLY, BE IT FURTHER RESOLVED, that the City Manager acting as the Personnel Officer has the authority to take any necessary administrative actions toimplement the provisions of this resolution.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 51h day of September, 2023, by the following vote:

Ayes:

Noes:

Abstain:Absent:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk
Addendum to the MOU between
the City of Avalon and the IAFF Local 2295

HEALTH CARE
Health Insurance. The City shall pay the cost of employee’ health insurance premiums. as well as spouse/registered domestic partner insurance costs, except that the maximum amount paid by the City shall be no more than $1 .875 $1,600.00 for a family rate up to the City paid maximum, as defined below.The following monthly City maximum contribution benefits shall apply effective January 1. 2024 -1-9:Full-time employees hired before December 31, 2015:
* City
Status Maximum
Employee Only $X1)OM() v99
Employee + 1 $l.500.00 1.28321
Employee ± Family $li75.0t) 1-zéOOvOO
Full time employees hired after January 1, 2016:
*City
Status
Employee Only $667.69
Ernployee+ 1 $1,171.91
Employee + Family $1,501.22
The City will only- pay tip to the maximum contribution (City maximum) or the premium of thehealth plan selected by the employee, whichever is lower. The employee must pay either the cost of the premium not covered by the City Maximum or the minimum contribution (Employeeminimum) as stated above, whichever is higher.

Once a covered dependent is no longer eligible because of age limitations in the policies ordeceased, said coverage shall cease. Dependent is defined as spouse or child who meets the criteriaset forth by the medical insurance provider.

The Patties AGREE to include the foregoing language to the current MOU this day of September 2023:

On Behalf of the City of Avalon: On Behalf of IAFF 2295:

David M. Maistros. City Manager Christ inn Cisneros
Ryan Keeline
David Long
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

APPROVING THE ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF AVALON AND

THE UNREPRESENTED/CONFIDENTIAL EMPLOYEE ASSOCIATION

REGARDING HEALTHCARE BENEFITS
WHEREAS, the Unrepresented/Confidential Employee (Confidential Employees) is a recognized employees organization representing employees in the classification of Administrative Analyst— City Manager’s Office, Administrative Analyst— Human Resources, Administrative Analyst II— Human Resources, Administrative Assistant— City Manager’s Office, Assistant Harbor Master, Assistant Planner, Associate Planner,Building Inspector, Community Services Manager, Community Services Supervisor, Deputy City Clerk, Maintenance Superintendent, Management Analyst, Senior Accountant, Senior Administrative Assistant— City Manager’s Office and Senior Planner; and
WHEREAS, on May 3, 2022, the City Council adopted Resolution 22-26 approving the Memorandum of Understanding (MOU) between the City of Avalon and the Unrepresented/Confidential Employee Association effective July 1, 2022 through June 30, 2025; and
WHEREAS, healthcare benefits, as outlined in the MOU, establish a maximum contribution to be paid by the City toward the health care premium of the employee’sselected Plan (‘medical cap”); and WHEREAS, as it relates to healthcare benefits and cost of living increases, all MOUs contain a provision requiring parity between all associations; and WHEREAS, CaIPERS healthcare plan premiums increased approximately 12%- 17% effective January 2023; and
WHEREAS, the 2024 CaIPERS update shows an increase in premiums by more than 15% over 2023 rates for some healthcare plans; and WHEREAS, under the medical cap, the increased premium rates will result in a significant increase to the out-of-pocket employee contribution since the commencementof the MOUs; and WHEREAS, the MOU article “Full Understanding, Modification, and Waiver” states: “Any agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained [within the MOU] shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and approve and implemented by Avalon’s City Council”; and
WHEREAS, the article continues, For the life of this MOU, Union and the City mutually agree that to reopen negotiations with respect to any subject or matter covered in this MOU requires mutual consent by both parties”; and WHEREAS, the City Manager met and conferred with all five City labor associations and unions in August 2023 regarding the proposed amendment, and the City has satisfied its obligations under Government Code Section 3505 and the City PersonnelRules and Regulations; and WHEREAS, the Unrepresented/Confidential Employee Association and City Manager have reached an agreement and supports the artcle outlined in the addendum to the MOU.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the terms and conditions set forth in the addendum to the MOU between the City ofAvalonand Unrepresented/Confidential Employee Association, a copy of which accompanies this City Council item and is incorporated by reference herein; and BE IT FURTHER RESOLVED, the terms and conditions of the MOU shall be in full force and effect from July 1, 2022 through June 30, 2025, except as specified otherwise in the MOU; and
BE IT FURTHER RESOLVED, that it is not the intent of the City Council in approving this MOU to change, modify or repeal in any way any of the existing rules of the City of Avalon; and
FINALLY, BE IT FURTHER RESOLVED, that the City Manager acting as the Personnel Officer has the authority to take any necessary administrative actions to implement the provisions of this resolution.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 5tn day of September, 2023, by the following vote:

Ayes:

Noes:

Abstain:Absent:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk
Addendum to the MOU between
the City of Avalon and Unrepresented/Confidential Employees

The following monthly City maximum contribution benefits shall apply effective January 1. 2024 1St?:

Full-time employees hired before December 31. 2015:
*
Status Maximum
Employee Only $X00.00 777.99
Employee + I $1 .500.00 1-282-lEmployee + Family $1 ,X75. DO 1-60{4M0 Full time employees hired after January 1. 204-6+
City
Statu3
$667.69
Employee+ I $1,171.91
Employee + Family $1,501.22
The City will only pay up to the maximum contribution (City maximum) or the premium of thehealth plan selected by the cmployee, whichever is lower. The employee must pay either the cost of the premium not covered by the City Maximum or the minimum contribution (Employee minimum) as stated above, whichever is higher.

The Parties AGREE to include the foregoing language to the current MOL this day of September 2023:

On Behalf of the City of Avalon: On Behalf of Unrepresented/ Confidential Employees:

David M. Maistros. City Manager Jaime Hrniclak
David Hart
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

APPROVING THE ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF AVALON AND

THE MANAGEMENT EMPLOYEE ASSOCIATION

REGARDING HEALTHCARE BENEFITS
WHEREAS, the Management Employee Association (Management Employees) is a recognized employees organization representing employees in the classification of Assistant City Manager, Community Services Director, Finance Director, Fire Chief, Harbor Master, Planning Director, and Public Works Director; and WHEREAS, on May 3, 2022, the City Council adopted Resolution 22-27 approving the Memorandum of Understanding (MOU) between the City of Avalon and the Unrepresented/Confidential Employee Association effective July 1, 2022 through June 30, 2025; and
WHEREAS, healthcare benefits, as outlined in the MOU, establish a maximum contribution to be paid by the City toward the health care premium of the employee’sselected Plan (“medical cap”); and WHEREAS, as it relates to healthcare benefits and cost of living increases, all MOUs contain a provision requiring parity between all associations; and WHEREAS, CaIPERS healthcare plan premiums increased approximately 12%- 17% effective January 2023; and
WHEREAS, the 2024 CaIPERS update shows an increase in premiums by more than 15% over 2023 rates for some healthcare plans; and WHEREAS, under the medical cap, the increased premium rates will result in a significant increase to the out-of-pocket employee contribution since the commencementof the MOUs; and WHEREAS, the MOU article “Full Understanding, Modification, and Waiver” states: “Any agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained [within the MOU] shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and approve and implemented by Avalon’s City Council”; and
WHEREAS, the article continues, “For the life of this MOU, Union and the City mutually agree that to reopen negotiations with respect to any subject or matter covered in this MOU requires mutual consent by both parties”; and WHEREAS, the City Manager met and conferred with all five City labor associations and unions in August 2023 regarding the proposed amendment, and the City has satisfied its obligations under Government Code Section 3505 and the City PersonnelRules and Regulations: and WHEREAS, the Management Employee Association and City Manager have reached an agreement and supports the article outlined in the addendum to the MOU.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the terms and conditions set forth in the addendum to the MOU between the City of Avalon and Management Employee Association, a copy of which accompanies this City Council item and is incorporated by reference herein; and
BE IT FURTHER RESOLVED, the terms and conditions of the MOU shah be in full force and effect from July 1, 2022 through June 30, 2025, except as specified otherwise in the MOU; and
BE IT FURTHER RESOLVED, that it is not the intent of the City Council in approving this MOU to change, modify or repeal in any way any of the existing rules of the City of Avalon; and
FINALLY, BE IT FURTHER RESOLVED, that the City Manager acting as the Personnel Officer has the authority to take any necessary administrative actions to implement the provisions of this resolution.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalori on this 5th day of September, 2023, by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk
Addendum to the OU between
the City of Avalon and Management Employees

HEALTH CARE
Health Insurance. The City shall pay the cost of employee’ health insurance premiums. as well as spouse/registered domestic partner insurance costs. except that the maximum amount paid by the City shall be no more than $1 .875 $1400440 for a family rate up to the City paid maximum, as defined below.

The following monthly City maximum contribution benefits shall apply effective January I 2024 1-9:

Full-time employees hired before December 31. 2015:

Status Maximum
Employee Only S80000 -Th99
Employee + I $1 .500.00 1,283.21Employee ± Family $1,875.00 1-60000 Full time employees hired after January 1, 2016:
tCity
Status Maximum
Employee Only $66V64?
Employee I $l.17l.91-
Employee ± Family 5L50L22
The City will only pay tip lo the maximum contribution (City maximum) or the premium of the health plan selected by the employee, whichever is lower. The employee must pay either the cost of the premium not covered by the City Maximum or the minimum contribution (Employee minimum) as stated above, whichever is higher.

Once a covered dependent is no longer eligible because of age limitations in the policies or deceased, said coverage shall cease. Dependent is defined as spouse or child who meets the criteria set forth by the medical insurance provider.

The Parties AGREE to include the foregoing language to the current MOU this — day of September 2023:

On Behalf of the City of Avalon: On Behalf of Management Employees:

David M. Maistros, City Manager Orne Carstarphen
Michael Alegria
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

APPROVING THE ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF AVALON AND
THE SERVICE EMPLOYEES INTERNATIONAL UNION 721 —

AVALON HARBOR UNIT

REGARDING HEALTHCARE BENEFITS
WHEREAS, on June 6, 2022 the Avalon Harbor Employee Association (AHEA) disbanded and became the SEIU 721 — Avalon Harbor Unit; and Whereas. SEUI 721 — Avalon Harbor Unit represents employees in the classification of Harbor Patrol Supervisor, Harbor Patrol Officer I and Harbor Patrol Officer II; and
WHEREAS, on July 19, 2022, the City Council adopted Resolution 22-43 approving the Memorandum of Understanding (MOU) between the City of Avalon and the SEIU 721 — Avalon Harbor Unit effective July 1, 2022 through June 30, 2025; and WHEREAS, healthcare benefits, as outlined in the MOU, establish a maximum contribution to be paid by the City toward the health care premium of the employee’sselected Plan (‘medical cap”); and WHEREAS, as it relates to healthcare benefits and cost of living increases, all MOUs contain a provision requiring parity between all associations; and WHEREAS, CaIPERS healthcare plan premiums increased approximately 12%- 17% effective January 2023; and
WHEREAS! the 2024 CaIPERS update shows an increase in premiums by more than 15% over 2023 rates for some healthcare plans; and WHEREAS, under the medical cap, the increased premium rates will result in a significant increase to the out-of-pocket employee contribution since the commencement of the MOUs; and
WHEREAS, the MOU article ‘Full Understanding, Modification, and Waiver” states: “Any agreement, alteration, understanding, variation, waiver or modification of anyof the terms or provisions contained [within the MOU] shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and approve and implemented by Avalon’s City Council”; and
WHEREAS, the article continues, “For the life of this MOU, Union and the City mutually agree that to reopen negotiations with respect to any subject or matter covered in this MOU requires mutual consent by both parties”; and WHEREAS, the City Manager met and conferred with all five City labor associations and unions in August 2023 regarding the proposed amendment, and the Cityhas satisfied its obligations under Government Code Section 3505 and the City Personnel Rules and Regulations; and
WHEREAS, the SEIU 721 — Avalon Harbor Unit and City Manager have reached an agreement and supports the article outlined in the addendum to the MOU.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the terms and conditions set forth in the addendum to the MOU between the City ofAvalon and SEIU 721 — Avalon Harbor Unit, a copy of which accompanies this City Council itemand is incorporated by reference herein; and BE IT FURTHER RESOLVED, the terms and conditions of the MOU shall be in full force and effect from July 1, 2022 through June 30, 2025, except as specified otherwise in the MOU; and
BE IT FURTHER RESOLVED, that it is not the intent of the City Council in approving this MOU to change, modify or repeal in any way any of the existing rules of the City of Avalon; and
FINALLY, BE IT FURTHER RESOLVED, that the City Manager acting as the Personnel Officer has the authority to take any necessary administrative actions to implement the provisions of this resolution.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 5th day of September, 2023, by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Ann H. Marshall! Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk
Addendum to the MOL between
the City of Avalon and the SEIU Local 721 Avalon Harbor Employees

HEALTH CARE
l-lealth Insurance. The City shall pay the cost of employee’ health insurance premiums. as well as spouse/registered domestic partner insurance costs, except that the maximum amount paid by the City shall be no more than $ 1.875 $1,600.00 for a family rate up to the City paid maximum, asdcfined below.

The following monthly City maximum contribution benefits shall apply effective January 1. 204 1-9:

Full-time employees hied before December 31. 2015:
tCitv
Status Maximum
Employee Only $800.00 7Th99Employee + I $1 .500.00 44g3-2-1- Employee + Family $1,875.00 1-600M0
Full time employees hired after January 1, 2016:
* City
Status Maximum
Employee Only S64769
Employcc+ I $1,171.91
Employee + Family $1,501.22
The City will only pay up to the maximum contribution (City maximum) or the premium of the health plan selected by the employee, whichever is lower. The employee must pay either the costof the premium not covered by the City Maximum or the minimum contribution (Employee minimum) as stated above, whichever is higher.

Once a covered dependent is no longer eligible because of age limitations in the policies or deceased, said coverage shall cease. Dependent is defined as spouse or child who meets the criteria set forth by the medical insurance provider.

The Parties AGREE to include the foregoing language to the current MOU this day of September 2023:

On Behalf of the City of Avalon: On Behalf of SElL Local 721 Avalon Harbor Employees:

David M. Maistros, City Manager Scott Montgomery
SEIU Representative
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

APPROVING THE ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF AVALON AND
THE SERVICE EMPLOYEES INTERNATIONAL UNION 721 — AVALON MUNICIPAL EMPLOYEE UNIT

REGARDING HEALTHCARE BENEFITS
WHEREAS, on June 6, 2022 the Avalon Municipal Employee Association (AMEA) disbanded and became the SEIU 721 — Avalon Municipal Employee Unit; and WHEREAS, SEUI 721 — Avalon Municipal Employee Unit represents employees in the classification of Administrative Analyst (Clerical), Administrative Assistant (Clerical), Accountant (Clerical), Accounting Technician I, II, Ill (Clerical), Code Enforcement Officer (Non-Clerical) Equipment Mechanic (Non-Clerical), Harbor Maintenance Worker I, Il. Ill (Non-Clerical), Human Resources Technician (Clerical), Maintenance Leadworker (NonClerical), Maintenance Worker I, II and Ill (Non-Clerical), Parking ControlfMaintenance (Non-Clerical), Planning Technician (Clerical), Recreation Coordinator (Non-Clerical), Recreation Leader (Non-Clerical), Senior Administrative Assistant (Clerical), and Senior Equipment Mechanic (Non-Clerical); and
WHEREAS, on July 19, 2022, the City Council adopted Resolution 22-44 approving the Memorandum of Understanding (MOU) between the City of Avalon and the SEIU 721 — Avalon Harbor Unit effective July 1, 2022 through June 30, 2025; and WHEREAS, healthcare benefits, as outlined in the MOU, establish a maximum contribution to be paid by the City toward the health care premium of the employee’s selected Plan (“medical cap”); and
WHEREAS, as it relates to healthcare benefits and cost of living increases, all MOUs contain a provision requiring parity between all associations; and WHEREAS, CaIPERS healthcare plan premiums increased approximately 12%- 17% effective January 2023; and
WHEREAS, the 2024 CaIPERS update shows an increase in premiums by more than 15% over 2023 rates for some healthcare plans; and WHEREAS, under the medical cap, the increased premium rates will result in a significant increase to the out-of-pocket employee contribution since the commencementof the MOUs; and WHEREAS, the MOU article “Full Understanding, Modification, and Waiver” states: “Any agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained [within the MOU] shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and approve and implemented by Avalon’s City Council”; and
WHEREAS, the article continues, For the life of this MOU, Union and the City mutually agree that to reopen negotiations with respect to any subject or matter coveredin this MOU requires mutual consent by both parties”; and WHEREAS, the City Manager met and conferred with all five City labor associations and unions in August 2023 regarding the proposed amendment, and the City has satisfied its obligations under Government Code Section 3505 and the City PersonnelRules and Regulations; and WHEREAS, the SEIU 721 — Avalon Municipal Employee Unit and City Manager have reached an agreement and supports the article outlined in the addendum to theMOU.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the terms and conditions set forth in the addendum to the MOU between the City of Avalon and SEIU 721 —Avalon Municipal Employee Unit, a copy of which accompanies this City Council item and is incorporated by reference herein; and BE IT FURTHER RESOLVED, the terms and conditions of the MOU shall be in full force and effect from July 1, 2022 through June 30, 2025, except as specified otherwise in the MOU; and
BE IT FURTHER RESOLVED, that it is not the intent of the City Council in approving this MOU to change, modify or repeal in any way any of the existing rules of the City of Avalon; and
FINALLY, BE IT FURTHER RESOLVED, that the City Manager acting as the Personnel Officer has the authority to take any necessary administrative actions to implement the provisions of this resolution.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 5th day of September, 2023, by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk
Addendum to the ES/IOU between
the City of Avalon and the SEIU Local 721 Avalon Municipal Employees

Full-time employees hired before December 31. 2015:
i ty
Status Maximum
Employee Only $80000 777.99
Employee + I $l,50u.00 1,283.21
Employee + Family $1,875.()() 1,600.00
Full time employees hired after January 1, 2016:

Status Me*ieumEmployee Only S6436
SI .171.91
Employee + Family $1 .501.22
The City will only pay up to the maximum contribution (City maximum) or the premium of thehealth plan selected by the employee, whichever is lower. The employee must pay either the costof the premium not covered by the City Maximum or the minimum contribution (Employeeminimum) as stated above, whichever is higher.

Once a covered dependent is no longer eligible because of age limitations in the policies ordeceased, said coverage shall cease. Dependent is delined as spouse or child who meets the criteria set forth by the medical insurance provider.

The Parties AGREE to include the foregoing language to the current N40(J this day of September 2023:

On Behalf of the City ofAvalon: On Behalf of SEIU Local 721 Avalon Munkipal Employees:

David M. Maistros. City Manager Cheryl Alison
Jose Cuevas
SEIU Representative

CITY OF AVALON CITY COUNCIL
MEETING DATE: September 5, 2023 AGENDA ITEM: 1
ORIGINATING DEP: Public Works CITY MANAGER:

PREPARED BY: Robert Greenlaw, Public Works Director
SUBJECT: Award Above Ground Fuel Tank Foundation and Retaining Wall Contract
RECOMMENDED ACTION(S): Make the determination the contract cost is reasonable and adopt a resolution by 4/5 vote awarding a contract to Jordahl Construction, Inc. for the sitepreparation, grading, concreate foundation and retaining wail installation for the City’s Underground Fuel Tank Replacement Project at a cost not to exceed sum of $301,000.

REPORT SUMMARY: The State of California requires the owners or operators of specific typesof underground fuel storage tanks to permanently close by December 31, 2025. The City of Avalon owns four underground fuel tanks at the Avalon Fuel Dock that fall under this requirement.

With assistance from former Assemblymember Patrick O’Donnell, the City was awarded a $500,000 State budget earmark that is administered through the State of California Water Board to remove the underground fuel tanks located at the fuel dock and install an above ground system in compliance with the new regulations. The granting agreement requires the City to have construction completed and the project closed out by June 30, 2024.

The project is included in the FY22-23 Budget and Capital Improvement Plan — Project Number 207004, Account Number 11470-6547 — with $700,000 budgeted.

On March 21, 2023 City Council approved the design and construction documents for thisproject, and authorized Staff to post and receive informal bids to procure the fuel tank for an amount not to exceed $200,000. On June 27, 2023, the City Council awarded a contract to Western Pump fora not-to-exceed amount of $160,000.As the second component of this project, on August 11, 2023 the City solicited bids by informal bid process from duly licensed and experienced contractors to provide site preparation, grading, concrete foundation, retaining wall installation and related construction services for the new location of the storage tank. After an extension of the bid deadline, bidding closed on August28, 2023 at 1 p.m. Only Jordahl Construction, Inc. provided a bid of $274,710 by the stated deadline.

Unfortunately, in order to meet the informal bid procurement standards, the project sum cannot exceed $200,000. Per the Procurement Policy as outlined in Avalon Municipal Code Section 3-

4.205 (b) (2): “If all bids received are in excess of the informal bidding limit, the Council may, by adoption of a resolution by a 4/5 vote, award the contract, at or below the provisional limit set forth in Public Contract Code § 22034(f), to the lowest responsible bidder, if it determines thatthe Citys cost estimate was reasonable.” City Staff recommend the addition of a 10% contingency to the contract sum, and that City Council make the determination the contract cost is reasonable and adopt a resolution by 4/5 vote awarding a contract to Jordahi Construction, Inc. for the site preparation, grading, concrete foundation and retaining wall installation for the City’s Underground Fuel Tank Replacement Project at a cost not to exceed sum of $301,000.

Time is of the essence as this project must have construction completed and project closed out by June 30, 2024.

One procurement component of this project remains — removal of the underground storage tank,site remediation and installation of the new tank.

GOAL ALIGNMENT: City Infrastructure. Reduction of high-risk facilities.

FISCAL IMPACTS: Total expenditure is not to exceed $301,000 towards CIP project code 207004 (account 11470-6547).CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City may not meet the timeline required by the funding agreement with the State of California Water Board.

FOLLOW UP ACTION: Execute an agreement with Jordahl Construction, Inc.

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

ATTACHMENTS:
• Resolution• RFP and Bid from Jordahl Construction Inc.(under separate cover) RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON
AWARDING A CONTRACT TO JORDAHL CONSTRUCTION INC. FOR THE

SITE PREPARATION, GRADING, CONCRETE FOUNDATION AND

RETAINING WALL INSTALLATION FOR THE

UNDERGROUND FUEL TANK REPLACEMENT PROJECT
WHEREAS, the State of California requires the owners or operators of specific types of underground fuel storage tanks to permanently close by December 31, 2025; and
WHEREAS, the City of Avalon owns four underground fuel tanks at the Avalon Fuel Dock that fall under this requirement; and
WHEREAS, with assistance from former Assemblymember Patrick O’Donnell, the City was awarded a $500,000 State budget earmark that is administered through the State of California Water Board to remove the underground fuel tanks located at the fuel dock and install an above ground system in compliance with the new regulations; and WHEREAS, the granting agreement requires the City to complete the project by June 30, 2024; and
WHEREAS, on March 21, 2023 City Council approved the design and construction documents for this project, and authorized Staff to post and receive informal bids to procure the fuel tank for an amount not to exceed $200,000; and WHEREAS, on June 27, 2023, the City Council awarded a contract to Western Pump; and
WHEREAS, as the second component of this project, on August 11, 2023 the City solicited bids by informal bid process from duly licensed and experienced contractors toprovide site preparation, grading, concrete foundation, retaining wall installation andrelated construction services for the new location of the storage tank; and WHEREAS, after an extension of the bid deadline, bidding closed on August 28, 2023 at 1 p.m. and only Jordahl Construction, Inc. provided a bid of $274,710 by thestated deadline; and WHEREAS, per the Procurement Policy as outlined in Avalon Municipal Code Section 3-4.205 (b) (2): “If all bids received are in excess of the informal bidding limit, the Council may, by adoption of a resolution by a 4/5 vote, award the contract, at or below the provisional limit set forth in Public Contract Code § 22034(f), to the lowest responsible bidder, if it determines that the City’s cost estimate was reasonable.” NOW, THEREFORE, BE IT RESOLVED, that the City Council makes the determination the contract cost is reasonable and adopts a resolution by 4/5 vote awarding a contract to Jordahl Construction, Inc. for the site preparation, grading, concreate foundation and retaining wall installation for the City’s Underground Fuel Tank Replacement Project.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this S’ day of September, 2023. by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: September 5, 2023 AGENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER:

PREPARED BY: David Maistros, City Manager
SUBJECT: Report Regarding Transient Rental License Findings RECOMMENDED ACTION(S): Receive and issue report. Provide direction to Staff.

REPORT SUMMARY: On August 1, 2023, the City Council voted unanimously to establish, by urgency ordinance a moratorium on the issuance of Transient Rental Licenses for transientrental use to new applicants for a 45-day period. The 45-day period expires on September 15, 2023. Before considering any extension of the moratorium, the City Council must issue a report that describes the measures taken to study and address the issues that lead to the moratorium and what the City Council will due to address the issues of transient occupancy licenses. This memo constitutes that report.

The moratorium was established to allow City Council, Planning Commission, City Staff and the City Attorney time to study appropriate regulations to maintain public safety and health of the community. Additionally, the moratorium temporarily halted further issuance of TRLs sothat the City can identify regulations which ensure that issuance of TRLs does not undermine the City’s goals to have affordable housing stock and maintain a safe community.

Government Code standards require that at least 10 days before the expiration of themoratorium, the legislative body must issue a report describing the measures taken to alleviate the condition which led to the adoption of the ordinance.

Since the establishment of the moratorium, City Staff have held two stakeholder/community meetings to discuss specific issues regarding transient rentals. - On Tuesday, September 22 at 6 p.m. approximately 4 community members attended in person, with approximately 20 attending virtually. Meeting discussion included quality oflife issues, specifically noise, trash, and other community impacts associated with transient rentals.
- On Wednesday, September 30 at 6 p.m. approximately 20 community members attended in person, with approximately 40 attending virtually. Meeting discussion included financial benefits and impacts, sustainability and housing impacts associated with transient rentals.

Staff compiled an extensive list of comments and regulatory options from community members both in attendance at the meetings as well as those who provided written comments directly toStaff.

Additionally, City Staff have developed a community survey regarding transient rentals and plan to circulate the survey on October 1, 2023, at the conclusion of the current income survey period. The stakeholder/community meetings have helped Staff refine survey questions. Staff anticipate circulating the survey for a 30-day period. Based upon the input from the communitymeetings and responses to the survey, recommendations on future regulation of transientrentals will be adopted.

As more analysis is needed, especially in light of the community survey, an extension of the moratorium will allow issues associated with the impact of transient rentals on the health, safety and welfare of city residents, the impact upon housing stock and city revenues, the CityCouncil has the option to extend the moratorium period.

A Public Hearing is scheduled for Friday, September 15 at 10a.m. regarding the consideration of adoption of an ordinance extending the moratorium period on transient rental licenses.

FISCAL IMPACTS: None.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Citys existing rules for the granting of transient occupancy licenses will remain in place.

ADVERTISING, NOTICE AND PUBLIC CONTACT:

Pursuant to the Brown Act.

ATTACHMENTS: Community Provided TRL Regulation Options
TRL Regulation Options
SATURATION OR LIMITATION:
1, Saturation % per neighborhood/street.

2. Hard Cap number Citywide. (How will waiting list be maintained?)

3. STR’s can only be houses or condos...not apartments.

4. Update existing time-share regulations to prohibit tractional housing ownership or property sharing/swapping relationships.

5. Tiered permitting. Tier 1— rented less than 90 days in a calendar year; Tier 2— rented in excess of 90 days per calendar year. Establish caps on Tier land Tier 2 permits separately.

6. Restrict how many units can be STR vs. LTR in a multi-unit building owned by same person.

QUALITY OF LIFE FOR NEIGHBORSIWAYS TO PROVIDE BETTER TENANTS:

1. Owner/Agent must meet and greet renter at the property location.

2. Provide renter with a “Good Neighbor” brochure outlining noise ordinance, trash day, recycling, vehicle use and parking, etc. and have renter sign oft.

3. Al neighboring properties must be provided with the on-island property manager’s 24 hour contact number.

4. Renter must provide list of all names of individuals that will be staying at the property and any deviation results in a fine.

5. Age requirement of 25 years or older.

6. Maintain inventory of noise monitoring devices to provide to residents to install outside homes to monitor neighboring properties.

7. Daytime occupancy limits.

8. Establish and maintain an online complaint portal that provides feedback on status of the complaint and any action taken.

9. Require 2 night stays to avoid the single night party house.

FINANCIAL IMPACT:

1. TOT must be paid monthly with a penalty for failure to timely pay. 2, STR owners are not paying fair share of inclusionary housing and employee costs that hotels pay.3. Significantly increase fee for license to cover the costs of staff time and code enforcement.

4. Increase the minimum amount of TOT generated per unit.

5. Increase the TOT on STR’s only.

6. More enforcement = additional code enforcement = additional cost for the City.

7. STR’s arguably generate more garbage and thus have larger impact on landfill.

ENFORCEMENT CONSIDERATIONS:

1. 24/7 hotline with live operator.

2. On-Island property managers must hold a business license and require the property owner to provide property manager’s name and 24-hour contact info.

3. Owner must respond to a complaint within a set time period. i.e. 30-60 minutes.

4. Fine structure is progressive for repeat violations.

5. Mechanism to revoke TRL if owner generates certain number of verifiable complaints.6. Establish list of what are major/minor violations with corresponding thresholds for violations that include progressive fines up to and including revocation.

7. Establish and clearly define the process for revoking a permit. Process...3 strike rule; points system based on violation thresholds.

10. Establish a three call rule for calls for emergency services in a calendar year.11. Incorporate Ring doorbell technology to enforce occupancy limits.12. Noise monitoring devices. (possible requirement after the 1/2 noise violation?)13. Provide business license U on online listing.

BENEFICIAL IMPACT ON LONG TERM HOUSING:

1. Limit STR unit per individual owner or entity. Option to allow for additional STR’s if owner provides proof of providing long-term housing.

2. Develop incentives for property owners to provide long-term housing. Housing trust fund.

3. Higher level of protection for “family-sized” housing (homes in excess of 2 bedrooms).

4. Incentivize owners that rent to teachers during the school year and SIR in the summer.

Avalon City CouncilSeptember 5, 2023

Avalon City Council
September 5, 2023