AVALON CITY COUNCIL MEETING
TUESDAY, JULY2, 2024—5:00 PM
410 AVALON CANYON ROAD
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-
35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the public inspection at the time the records are distributed to all, or a majority of all, members of the City Council. Such records shall be available at City Hall located at 410 Avalon Canyon Rd.
For the public’s convenience, but not participation, the meeting can be viewed:
On local cable: Catalina Broadband Solutions channel 3
Streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial Streaming on YouTube: https://www.youtube.com/CityofAvalonCA
CALL TO ORDER I PLEDGE OF ALLEGIANCE I INVOCATION I ROLL CALL
ANNOUNCEMENTS I WRITTEN COMMUNICATIONS
DEPARTMENT HEAD REPORTS
CITY MANAGER REPORT I CITY ATTORNEY REPORT
COUNCILMEMBER 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. City Council Minutes
Although the live recording is the official record of public meetings, minutes are prepared for the Council’s approval.
Recommended Action
Approve minutes from the June 4, 2024 regular City Council Meeting.
2. Warrants
Expenditures Submitted for Approval
o Warrants from the General Fund in the amount of $1 660,908.04. o One payroll totaling $241,916.80.
o Two electronic fund transfers totaling $48,308.31.
Recommended Action
Approve total expenditures for June 10, 2024 through June 21, 2024 totaling $1,951,133.15.
CITY COUNCIL AGENDA
JULY 2, 2024
PAGE 2
3. Declare Surplus Equipment
Historically, the City Council is presented with a list of items that are surplus, the Council formally declares the items as surplus, and then the declared items are sold via Public Surplus, donated to charity, or disposed of properly.
Recommended Action
Adopt a resolution declaring equipment listed in the resolution as surplus property and authorize the City Manager to dispose of it in accordance with City policy.
4. Avalon Mooring and Diving Service, Inc. Contract Assignment On June 26, 2024, City Staff were notified of Scott Gorelczenko’s intention to purchase Avalon Mooring & Diving Services, Inc. from Mark Bray. The purchase is conditioned upon the approval of an assignment by the City.Recommended Action
1. Conditionally approve the assignment of the Avalon Mooring and Diving Services, Inc. mooring maintenance franchise agreement from Mark Bray to Scott Gorelczenko. 2. Once a sale is complete, authorize the City Manager to execute an eighth amendmentassigning the franchise agreement and maintaining all other terms. This assignment is contingent upon the parties executing an agreement to transfer the business.
GENERAL BUSINESS
5. First Reading of an Ordinance Amending Chapter 4-4 of the Avalon Municipal Code Regarding Curb Markings and Adoption of Exemption Findings Under the CaliforniaEnvironmental Quality Act To eliminate confusion, City Staff propose amending the ordinance to extend the parking limitations in designated commercial and passenger loading/unloading zones (white and yellow curbs) to 24 hours. City Staff believe the change will allow for more consistent enforcement and less congestion in the designated loading/unloading areas.
Recommended Action
Introduce and waive all readings of an ordinance of the City of Avalon amending Chapter 4-4 to the Avalon Municipal Code regarding curb markings and adoption of exemption findings under the California Environmental Quality Act.
ADJOURN
NOTICE OF POSTING
I, Devin Elise Hart, declare that the City Council Agenda for Tuesday, July 2, 2024 was posted on Friday, June 28, 2024 on the City’s website www.cityofavalon.com/agendacenter, and at City Hall, 410 Avalon Canyon Road.
Devin Elise Hart, Management Analyst
CITY OF AVALON CITY COUNCIL
MEETING DATE: July 18, 2024 AGENDA ITEM: 1
ORIGINATING DEP: City Clerk CITY MANAGER:
PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the June 4, 2024 regular City Council Meetings.
REPORT SUMMARY: Although the live recording is the official record of public meetings, minutes are prepared for the Council’s approval.
FISCAL IMPACTS: N/A.
GOAL ALIGNMENT: Not Aligned.CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.
FOLLOW UP ACTION: File minutes in the City Clerk’s office.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
. June 4, 2024 regular City Council Meeting Minutes
AVALON CITY COUNCIL MEETING
TUESDAY, JUNE 4, 2024
MINUTES
CALL TO ORDER: 5:00 p.m.
ROLL CALL — Present via Teleconference and In-Person: Mayor Anni Marshall, Councilmembers Yesenia De La Rosa, Lisa Lavelle, Michael Ponce, and Mary Schickling.
Also present: City Manager David Maistros, City Attorney Scott Campbell and Management Analyst Devin Hart.
WRITTEN COMMUNICATIONS: None.
PRESENTATION — 1. Jim Luttjohann of Love Catalina presented the quarterly update video and answer any questions regarding recent tourism promotions.
2. Finance Director Matthew Baker provided an overview of the proposed FY 2024-25 Budget.
CONSENT CALENDAR-There were two items on the Consent Calendar. Motion to approve Items #1-#2 made by Lisa Lavelle, seconded by Yesenia De La Rosa. (All Ayes)
1. Minutes
Approved minutes from the May 21, 2024 regular City Council Meeting.
2. Warrants
Approved warrants from the General Fund in the amount of $570,786.03, one warrant from US Bank CIMC Improvement Fund in the amount of $18,105.18, one payroll totaling $250,216.20, three electronic fund transfers totaling $90,165.25 for a total expenditure of $929,272.66 for May 13, 2024 through May 24, 2024.
PUBLIC HEARING
3. Fiscal Year 2024-2025 Miscellaneous Fee Schedule
City Council heard a presentation regarding the Miscellaneous Fee Schedule. 2. Mayor Marshall opened the Public Hearing to hear public comments and no comments were made. 3. Mayor Marshall close the Public Hearing. 4. Adopted Resolution No. 24-18 of the City Council of the City of Avalon Setting Fees for Services, Facilities and Activities of the City of Avalon for Fiscal Year 2024-25.
Motion to approve made by Michael Ponce, seconded by pAnni Marshall. (All Ayes)
GENERAL BUSINESS
4. Resolution Approving New Classifications and Descriptions Adopted Resolution No. 24-19 of the City Council of the City of Avalon Adopting Lead Code Enforcement Officer and Information Technology Manager positions.
Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)
CITY COUNCIL MINUTES
JUNE 4, 2024
PAGE 2
5. Cruise Ship Wharfaqe Discussion and Avalon Municipal Code Amendment Direction was given for City Staff to bring ordinance back for consideration with a stepped $0.50 increase each year until a total increase of $2.00 is reached.
6. Elbow Enhancements
1. Heard a presentation regarding further enhancements to the area of Pebbly Beach Road known as the “Elbow.” 2. Authorized a transfer of $25,000 from the Annual Traffic and Transportation Project #10550-6547.
Motion to approve made by Michael Ponce, seconded by Mary Schickling. (All Ayes) Mayor Marshall adjourned the meeting at 7:51 p.m.
I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the regular City Council Meeting on June 4, 2024, is the official record of the Council Meeting and is on file and maintained in City HaIl.
Gabrielle Morones, Deputy City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE:
ORIGINATING DEP:
PREPARED BY:
SUBJECT:
July 2, 2024
FinanceMatthew Baker, Finance Director
Warrants
AGENDA ITEM: 2CITY MANAGER:
expenditures are included in
RECOMMENDED ACTION(S): Approve total expenditures for June 10, 2024 through June 21, 2024 totaling $1,951,133.15.
REPORT SUMMARY: These disbursements through June 21st are comprised of warrants from the US Bank General Account totaling $1,660,908.04, one payroll totaling $241,916.80, and other electronic fund transfers totaling $48,308.31.
ITEM DESCRIPTION AMOUNT DATE
CF US BANK WARRANTS CK# 381 14-38116 114558.08 06/18/24 CF US BANK WARRANTS CK# 38117-38220 1,546,349.96 06/21/24 PAYROLL 241,916.80 06/14/24EFT -CALPERS RETIREMENT 43,259.13 06/17/24EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 5,049.18 06/21/24 TOTAL DISBURSEMENTS $ 1,951,133.15
GOAL ALIGNMENT: Ongoing meeting of City obligations.
FISCAL IMPACTS: There are sufficient funds available, and the the FY23-24 Budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENTS: Audit Certificate, Warrant Lists, US Bank Credit Card Detail
CITY OF AVALON
June 10, 2024- June 21, 2024 DISBURSEMENTS
July 2, 2024
ITEM DESCRIPTION AMOUNT DATE
GE US BANK WARRANTS CK# 38114-38116 114,558.08 06/18/24GF US BANK WARRANTS CK# 38117-38220 1,546,349.96 06/21/24 PAYROLL 241,916.80 06/14/24EFT - CALPERS RETIREMENT 43,259.13 06/17/24EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 5,049.18 06/21/24 TOTAL DISBURSEMENTS $ 1,951,133.15
CERTIFICATE
IN ACCORDANCE WITH SECTION 32702
OF THE GOVERNMENT CODE, I CERTIFY
THAT THE ABOVE DEMANDS ARE ACCURATE
AND THAT FUNDS ARE AVAILABLE FOR
PAYMENT.I CERTIFY UNDER PENALTY OF PERJURY
APPROVED AND AUDITED THIS THAT THE FOREGOING IS TRUE AND 2ND DAY OF JULY 2024 CORRECT.
EXECUTED THIS 2ND DAY OF JULY 2024
AUDIT COMMITTEE -MICHAEL PONCE
FINANCE DIRECTOR - MATTHEW BAKER
AUDIT COMMITTEE - MARY SCHICKLING
CITY OF AVALON
WARRANT DISBURSEMENTS - OFFLINE CHECKS
July 2, 2024
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
38114 06/13/2024 $ 49,156.49 CIRCUIT TRANSIT, INC. CONTRACT SVCS - 04/202438114 06/13/2024 $ 54,373.59 CIRCUIT TRANSIT, INC. CONTRACT SVCS - 05/202438115 06/18/2024 $ 600.00 MASSEY CONSTRUCTION, LLC SERVICE - H/A38116 06/18/2024 $ 10,428.00 MATTHEWS INTERNATIONAL CORPORATION EQUIPMENT - CEMETERY $ 114,558.08
CITY OF AVALON
WARRANT DISBURSEMENTS
June 18, 2024
AMOUNT NAME DESCRIPTION
CHECK DATE
NUMBER ISSUED
38117 06/21/2024 $ 88.20 AIR SOURCE INDUSTRIES SUPPLIES - FIRE 38118 06/21/2024 $ - AMAZON CAPITAL SERVICES, INC. VOID - MULTI STUB CHECK38119 06/21/2024 $ 10,503.50 AMAZON CAPITAL SERVICES, INC. SUPPLIES - ALL DEPARTMENTS38120 06/21/2024 $ 2,994.27 AT & T COMMUNICATIONS - ALL DEPARTMENTS38121 06/21/2024 $ 5,711.70 CR&R INCORPORATED STREET SWEEPER -03/202438121 06/21/2024 $ 5,711.70 CR&R INCORPORATED STREET SWEEPER -05/2024 38121 06/21/2024 $ 175,655.03 CR&R INCORPORATED CONTRACT SERVICES - 03/2024 38121 06/21/2024 $ 174,687.06 CR&R INCORPORATED CONTRACT SERVICES - 05/2024 38122 06/21/2024 $ 2,278.11 AVALON FREIGHT SERVICES, LLC FREIGHT - ALL DEPARTMENTS38123 06/21/2024 $ 99.00 AVALON MOORING & DIVING SUPPLIES - HARBOR38123 06/21/2024 $ 2,685.00 AVALON MOORING & DIVING SERVICE - HARBOR38124 06/21/2024 $ 24,083.33 AVALON SHOREBOAT SERVICE CORP. CONTRACT SERVICES - 07/202438125 06/21/2024 $ 4,460.00 E&M ELECTRIC AND MACHINERY INC. SERVICE- PUBLIC WORKS38126 06/21/2024 $ 16,363.18 BALBOA BOATYARD SERVICE - HARBOR 38127 06/21/2024 $ 222.85 BARRAGAN, JOSE REIMI3 - 0/P COSTS38128 06/21/2024 $ 5,152.00 BEYOND SOFTWARE SOLUTIONS CONTRACT SERVICES - IT38129 06/21/2024 $ 297.34 BROOKS, MIKE REIMB - 0/P COSTS38130 06/21/2024 $ 10,863.09 CATALINA BEVERAGE CO SUPPLIES - ALL DEPT38131 06/21/2024 $ 6,062.80 CATALINA BROADBAND SOLUTIONS INTERNET - ALL DEPT38132 06/21/2024 $ 137,500.00 CATALINA CHAMBER OF COMMERCE TOT - 07/202438133 06/21/2024 $ 92.00 CATALINA EXPRESS TRAVEL - COUNCIL38133 06/21/2024 $ 368.00 CATALINA EXPRESS TRAVEL - PUBLIC WORKS38133 06/21/2024 $ 81.50 CATALINA EXPRESS TRAVEL - SHERIFFS38134 06/21/2024 $ 15,000.00 LONG, DAVID CONTRACT SERVICES -FALCON38135 06/21/2024 $ 1,322.00 CATALINA ISLAND COMPANY RENT - 06/2024 38136 06/21/2024 $ 1,240.00 CATALINA ISLANDER ADVERTISING-ALL DEP38137 06/21/2024 $ 357.00 CATALINA PEST CONTROL SERVICE - HARBOR38138 06/21/2024 $ 2,353.00 COW GOVERNMENT SUPPLIES - IT38139 06/21/2024 $ 150,668.27 CO. OF LOS ANGELES SHERIFF’S DEPT. RESIDENT DEPUTY - 05/202438140 06/21/2024 $ 1,243.92 COASTLINE EQUIPMENT SUPPLIES - GARAGE38141 06/21/2024 $ 6,639.50 CONNOLLY PACIFIC CO. SERVICE - PUBLIC WORKS38142 06/21/2024 $ 350.63 CREATIVE SIGN, INC. SUPPLIES - VEHICLES38143 06/21/2024 $ 71.01 DAILEY, CAROLYN REIMB 0/P COSTS38144 06/21/2024 $ 3,588.45 DAPEER, ROSENBLIT& LITVAK,LLP SERVICE - VEHICLES38145 06/21/2024 $ 1,356.00 DEWEY PEST CONTROL SERVICE - PUBLIC WORKS 38145 06/21/2024 $ 72.00 DEWEY PEST CONTROL SERVICE - HARBOR38145 06/21/2024 $ 157.00 DEWEY PEST CONTROL SERVICE - CEMETERY38146 06/21/2024 $ 902.46 DION & SONS MARINE FUELS INC FUEL - HARBOR38147 06/21/2024 $ 514.00 EMS SAFETY SERVICES, INC TRAINING - FIRE38148 06/21/2024 $ 4,230.00 E.C.I.S SERVICE - FOG38149 06/21/2024 $ 12,395.10 ESG ENGINEERING SERVICE - PUBLIC WORKS38150 06/21/2024 $ 217.80 ESG ENGINEERING SERVICE - PUBLIC WORKS38151 06/21/2024 $ 180.00 ESG ENGINEERING SERVICE - PUBLIC WORKS38152 06/21/2024 $ 1,202.50 ESG ENGINEERING SERVICE - PUBLIC WORKS38153 06/21/2024 $ 360.00 ESG ENGINEERING SERVICE - PUBLIC WORKS38154 06/21/2024 $ 1,340.00 ESG ENGINEERING SERVICE - PUBLIC WORKS38155 06/21/2024 $ 1,540.00 ESG ENGINEERING SERVICE - PUBLIC WORKS38156 06/21/2024 $ 660.00 ESG ENGINEERING SERVICE - PUBLIC WORKS38157 06/21/2024 $ 360.00 ESG ENGINEERING SERVICE - PUBLIC WORKS38158 06/21/2024 $ 13,053.00 ESG ENGINEERING SERVICE - PUBLIC WORKS 38159 06/21/2024 $ 6,646.37 ESG ENGINEERING SERVICE - PUBLIC WORKS38160 06/21/2024 $ 180.00 ESG ENGINEERING SERVICE - PUBLIC WORKS 38161 06/21/2024 $ 11,074.00 ESG ENGINEERING SERVICE - PUBLIC WORKS 38162 06/21/2024 $ 974.00 ESG ENGINEERING SERVICE - PUBLIC WORKS38163 06/21/2024 $ 434.00 ESG ENGINEERING SERVICE - PUBLIC WORKS38164 06/21/2024 $ 540.00 ESG ENGINEERING SERVICE - PUBLIC WORKS38165 06/21/2024 $ 13,125.15 ESG ENGINEERING SERVICE - PUBLIC WORKS38166 06/21/2024 $ 15,375.64 ESG ENGINEERING SERVICE - PUBLIC WORKS38167 06/21/2024 $ 2,170.00 ESG ENGINEERING SERVICE - PUBLIC WORKS38168 06/21/2024 $ 3,029.00 ESG ENGINEERING SERVICE - PUBLIC WORKS38169 06/21/2024 $ 720.00 ESG ENGINEERING SERVICE - PUBLIC WORKS38170 06/21/2024 $ 2,080.00 ESG ENGINEERING SERVICE - PUBLIC WORKS38171 06/21/2024 $ 340.00 ESG ENGINEERING SERVICE - PUBLIC WORKS38172 06/21/2024 $ 13,297.13 ESG ENGINEERING SERVICE - PUBLIC WORKS38173 06/21/2024 $ 5,736.43 ESG ENGINEERING SERVICE - PUBLIC WORKS38174 06/21/2024 $ 360.00 ESG ENGINEERING SERVICE - PUBLIC WORKS3817S 06/21/2024 $ 180.00 ESG ENGINEERING SERVICE - PUBLIC WORKS38176 06/21/2024 $ 1,260.00 ESG ENGINEERING SERVICE - PUBLIC WORKS38177 06/21/2024 $ 13,224.04 ESG ENGINEERING SERVICE - PUBLIC WORKS
CITY OF AVALON
WARRANT DISBURSEMENTS
June 18, 2024
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
38178 06/21/2024 $ 30,705.40 ESG ENGINEERING SERVICE - PUBLIC WORKS38170 06/21/2024 $ 3,0S2.50 ESG ENGINEERING SERVICE - PUBLIC WORKS38180 06/21/2024 $ 4,884.00 ESG ENGINEERING SERVICE - PUBLIC WORKS
CITY OF AVALON
WARRANT DISBURSEMENTS
June 18, 2024
AMOUNT NAME DESCRIPTION
CHECK DATE
NUMBER ISSUED
38181 06/21/2024 $ 5,275.00 FINELINE CONSTRUCTION SERVICE - PUBLIC WORKS38182 06/21/2024 $ 630.31 FUN EXPRESS, LLC SUPPLIES - RECREATION38183 06/21/2024 $ 12,990.47 GEO-LOGIC ASSOCIATES, LLC. PBL EXPANSION CIP38184 06/21/2024 $ 66.SS GONZALES, ALIANA REIMB 0/P COSTS38185 06/21/2024 $ 986.74 GRAINGER SUPPLIES - PUBLIC WORKS38186 06/21/2024 $ 3,999.89 HAAKER SUPPLIES - GARAGE38187 06/21/2024 $ 376.S0 HARP, RICHARO OR WENDELLYN REFUND - BUILDING PERMIT 38188 06/21/2024 $ 1,919.84 HARRY’S MARINE SERVICE, LLC SUPPLIES - GARAGE38189 06/21/2024 $ 380.00 LUPD, KARLA SERVICE - RECREATION38190 06/21/2024 $ 1,375.63 INDUSTRIAL METAL SUPPLY COMPANY SUPPLIES - PUBLIC WORKS38191 06/21/2024 $ 9,110.00 IWORU SYSTEMS INC. SOFTWARE LEASE - PLANNING38192 06/21/2024 $ 200.00 JIMENEZ, AMAODR DEPOSIT REFUND -TREMONT38193 06/21/2024 $ 4,048.00 JONES PLUMBING AND BACKFLOW INC SERVICE - PUBLIC WORKS38194 06/21/2024 $ 36S,438.19 JORDAHL CONSTRUCTION SERVICE - PUBLIC WORKS38195 06/21/2024 $ 71.7S JORDAHL CONSTRUCTION TIRE DISPOSAL38196 06/21/2024 $ 424.74 LAVELLE, LISA REIMB 0/P COSTS38197 06/21/2024 $ S18.00 LOCAL 2295 AVALON FIREFIGHTERS UNIO UNIFORMS - FIRE38198 06/21/2024 $ 25.00 MASSEY CONSTRUCTION, LLC SERVICE - H/A 38199 06/21/2024 $ 27.63 ISLAND EXPRESS HELICOPTERS INC. FREIGHT - PUBLIC WORKS38200 06/21/2024 $ 765.13 MCMASTER-CARR SUPPLIES - PUBLIC WORKS38201 06/21/2024 $ 196.18 MED-TECH RESOURCE, INC. SUPPLIES - FIRE38202 06/21/2024 $ 344.10 MM INTERNET, INC. SERVICE - IT38203 06/21/2024 $ 1,412.74 NAPA AUTO PARTS SUPPLIES - GARAGE38204 06/21/2024 $ 200.00 NAVARRO, ALBERT DEPOSIT REFUND -JMF38205 06/21/2024 $ 1,376.30 NORTHWIND REFRIGERATION SERVICE - JMF38206 06/21/2024 $ 129,811.80 PERC WATER CONTRACT SERVICES - 05/2024 38207 06/21/2024 $ 994.55 PINNACLE DESIGNS SUPPLIES - HARBOR38208 06/21/2024 $ 10,802.00 POLYDYNE, INC. SUPPLIES - WWTP38209 06/21/2024 $ 633.85 QUILL CORP SUPPLIES - ALL DEPT38210 06/21/2024 $ 31S.70 ROJO, FRANCISCO SERVICE - RECREATION38211 06/21/2024 $ 807.10 SFC HOLDINGS, LLC UNIFORMS - HARBOR38212 06/21/2024 $ 9,357.91 SIRIA’S CLEANING SERVICE 2ND HALF 06/202438213 06/21/2024 $ 12,304.00 STAY GREEN, INC. SERVICE - PUBLIC WORKS38214 06/21/2024 $ 1,009.69 ULINE, INC. SUPPLIES - PUBLIC WORKS38215 06/21/2024 $ 128.50 UNDERGROUND SERVICE ALERT/SC SERVICE - PUBLIC WORKS38216 06/21/2024 $ 2,475.88 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL38217 06/21/2024 $ 18,750.00 VEGA, EDMUNDO CONTRACT SERVICES - 06/202438218 06/21/2024 $ 2,222.87 VERIZON WIRELESS COMMUNICATIONS - ALL DEPARTMENTS38219 06/21/2024 $ 6,883.63 WESTRIDGE ENVIRONMENTAL GROUP SUPPLIES - WWTP38220 06/21/2024 $ 822.86 XEROX CORPORATION COPIER LEASE - ADMIN $ 1,546349.96
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID JUNE 21, 2024
July 2, 2024
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT GONZALEZ 6/21/2024 $ 92.00 CATALINA EXPRESS TRAVEL: BOAT PLANNING & BUILDING GONZALEZ 6/21/2024 $ 188.97 STAYBRIDGE SUITES TRAVEL: LODGING PLANNING & BUILDINGGONZALEZ 6/21/2024 $ 1,810.95 HUGHES CONSTRUCTION PRODUCTS SMALL TOOLS - PUBLIC WORKS PLANNING & BUILDING BAKER 6/21/2024 $ 383.96 ZOOM.US OPERATION COSTS - IT FINANCE $2,475.88
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID JUNE 21, 2024
July 2, 2024
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT $ 4,951.76 CHECK NUMBERS 38105 & 38106
CITY OF AVALON CITY COUNCIL
MEETING DATE: July 2, 2024 AGENDA ITEM: ________ ORIGINATING DEP: Administration CITY MANAGER: I’t.Jjj1PREPARED BY: Devin Hart, Management Analyst SUBJECT: Declare Surplus Equipment
RECOMMENDED ACTION(S): Adopt a resolution declaring equipment listed in the resolution as surplus property and authorize the City Manager to dispose of it in accordance with Citypolicy.
REPORT SUMMARY: Historically, the City Council is presented with a list of items that are surplus, the Council formally declares the items as surplus, and then the declared items aresold via Public Surplus, donated to charity, or disposed of properly. Staff have complied a listof equipment that is no longer used:
Equipment Make Serial NumberNin DepartmentLow Bandwidth Radio Motorola CDM 1250 103TMQ3974 FireLow Bandwidth Radio Motorola CDM 1250 103TDY9807 FireLow Bandwidth Radio Motorola CDM 1250 1O3TEAFO91 FireLow Bandwidth Radio Motorola 0DM 1250 103TRQ0228 FireLow Bandwidth Radio Motorola CDM 1250 103TKGB542 FireLow Bandwidth Radio Motorola CDM 1250 1O3TJCLO37 FireLow Bandwidth Radio Motorola CDM 1250 1O3TDNDO78 FireLow Bandwidth Radio Motorola MT1 000 546AUL0086 FireLow Bandwidth Radio Motorola MT1 000 546ASY0471 FireRadio Motorola XTS 5000R 7210DN0763 FireRadio Motorola XTS 5000R 721CJVi 084 FireRadio Motorola PR860 005TMW0993 FireRadio Motorola PR860 OO5TLAO91O FireRadio Motorola PR860 005TFQ0660 FireRadio Motorola PR860 005TMW0993 FireRadio Motorola PR860 OO5TJNOO2O FireRadio Motorola PR860 005TMW0994 FireRadio Motorola PR860 005TJN0022 FireRadio Motorola PR860 005TFQ0659 FireRadio Motorola PR860 OO5TJNOO13 FireRadio Motorola PR860 005TJQ0998 FireRadio Motorola PR860 005TJQ0969 Fire Radio Motorola PR860 005TJQ0966 FireRadio Motorola PR860 005TMW0997 FireRadio Motorola PR860 005TMW0998 FireRadio Motorola PR860 005TFQ0612 FireRadio Motorola PR860 OO5TLAO9O1 FireRadio Motorola PR860 005TFQ0668 FireRadio Motorola PR860 OO5TJSO61O Fire Radio Motorola PR860 005TLA0912 Fire
Radio Motorola PR860 005TNA0472 FireRadio Motorola PR860 005TFQ0665 FireRadio Motorola PR860 005TFJ0326 FireRadio Motorola PR860 005TFQ0662 Fire Radio Motorola PR860 005TLA0895 FireRadio Motorola PR860 005THG0278 Fire Radio Motorola PR860 005RFQ061 1 FireRadio Motorola PR860 005TFQ0661 FireRadio Motorola PR860 005TFQ0669 FireRadio Motorola PR860 005TFJ0325 FireRadio Motorola PR860 005TFJ0328 FireRadio Motorola PR860 005TFQ0671 Fire Radio Motorola PR860 005TJE0769 FireRadio Motorola PR860 005TLA0898 FireRadio Motorola HT 750 672TRG4633 Fire Radio Motorola HT 750 672TRG4620 FireRadio Motorola HT 750 PMUB1O26B FireRadio Motorola HT 750 672TDS5089 FireRadio Motorola HT 750 672TDS5085 FireRadio Motorola HT 750 672TRG4618 FireRadio Motorola HT1 000 546AWQ0440 FireRadio Motorola HT1 000 546ASW0417 FireRadio Motorola HT1 000 126TXQ0720 Fire Radio Motorola HT1 000 546ATN0443 FireRadio Motorola HT1 000 546AVY0434X Fire Radio Motorola HT1 000 126TVN 1227 FireRadio Motorola HT1 000 546AQC0825B Fire Radio Motorola HT1 000 546AWQ0435X Fire
Radio Motorola HT1 000 546ASN0683C FireRadio Motorola HT1 000 546ATN0480C FireRadio Motorola HT1 000 546ATY0473 X Fire
Radio Motorola HT1 000 126TXQ0719 FireRadio Motorola HT1 000 546AXC0441X FireRadio Motorola HT1 000 5126TXQ0716 FireRadio Motorola HT1 000 546ATN0482C FireRadio Motorola HT1 000 126TSG0114 FireRadio Motorola HT1 000 546AWQ0437 FireRadio Motorola HT1 000 126TXQ0732 FireRadio Motorola HT1 000 546AWG0277 Fire Radio Motorola HT1000 FCVFD1117 FireRadio Motorola HT1 000 546ATN0483C Fire Radio Motorola HT1 000 546ARU477 FireRadio Motorola HT1 000 546AVY0435X FireRadio Motorola HT1 000 RADIUS P200 Fire Radio Motorola HT1 250 749TCC8573 FireRadio Motorola HT1 250 749TEJ2073 FireRadio Motorola HT1 250 749TVG8060 Fire Radio Motorola HT1 250 749TGA8399 FireRadio Motorola HT1 250 749TDL0135 FireRadio Motorola HT1 250 749TCC8500 FireRadio Motorola HT1 250 749TDJ8461 FireRadio Motorola HT1 250 749TGE9451 Fire Radio Motorola HT1 250 749TEG0597 Fire
Radio Wouxun KG-UV6X 1409F0181 FireRadio Wouxun KG-UV6X 1409F0225 FireRadio Wouxun KG-UV6X 1409F0340 FireRadio Motorola MinitorV 136WQJ1573 FireRadio Motorola Minitor V 839SEG23SM FireRadio Motorola MinitorV 136WQJ2212 Fire Radio Motorola Minitor V 1 36WNA1 565 Fire
Radio Motorola Minitor V 1 36WGU0742 FireRadio Motorola Minitor V 36WMQ2485 FireRadio Motorola MinitorV 136WQJ2213 FireRadio Motorola MinitorV 136WMS9077 FireRadio Motorola Minitor V 839SEG23RJ Fire Radio Motorola Minitor V 839SEG23QZ FireRadio Motorola Minitor V 1 36WJU0997 FireRadio Motorola Minitor V 1 36WJU6385 Fire Ambulance Ford 2005 1 FDWE35P35HB48859 Fire
FISCAL IMPACTS: Unknown.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will have in their possession old equipment that will fill much needed storage spaceFOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda.
ATTACHMENTS: Resolution.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVALON DECLARING SPECIFIED EQUIPMENT
TO BE SURPLUS AND AUTHORIZING
THE SALE OR DISPOSAL THEREOF
WHEREAS, Government Code Section 37350 authorizes the City Council to control and dispose of property for the common benefit; and WHEREAS, the City Council wishes to declare certain equipment to be surplus and has determined that sale or disposal, as indicated below, is appropriate and will benefit the City:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON
DECLARES, FINDS AND RESOLVES AS FOLLOWS:
Section 1. The City Council hereby declares the following equipment to no longer be useful or necessary to the City’s services and programs and therefore surplusproperty, to be disposed of as indicated below:
Equipment Make Serial NumberNin DepartmentLow Bandwidth Radio Motorola CDM 1250 103TMQ3974 Fire Low Bandwidth Radio Motorola CDM 1250 103TDY9807 FireLow Bandwidth Radio Motorola CDM 1250 1O3TEAFO91 FireLow Bandwidth Radio Motorola CDM 1250 103TRQ0228 FireLow Bandwidth Radio Motorola CDM 1250 103TKGB542 FireLow Bandwidth Radio Motorola CDM 1250 1O3TJCLO37 FireLow Bandwidth Radio Motorola CDM 1250 1O3TDNDO78 FireLow Bandwidth Radio Motorola MT1 000 546AUL0086 FireLow Bandwidth Radio Motorola MT1 000 546ASY0471 FireRadio Motorola XTS 5000R 721CDN0763 Fire Radio Motorola XTS 5000R 721CJV1 084 FireRadio Motorola PR860 005TMW0993 FireRadio Motorola PR860 OO5TLAO91O FireRadio Motorola PR860 005TFQ0660 FireRadio Motorola PR860 005TMW0993 FireRadio Motorola PR860 OO5TJNOO2O FireRadio Motorola PR860 005TMW0994 Fire Radio Motorola PR860 005TJN0022 FireRadio Motorola PR860 005TFQ0659 FireRadio Motorola PR860 OO5TJNOO13 FireRadio Motorola PR860 005TJQ0998 Fire Radio Motorola PR860 005TJQ0969 FireRadio Motorola PR860 005TJQ0966 Fire Radio Motorola PR860 005TMW0997 FireRadio Motorola PR860 005TMW0998 FireRadio Motorola PR860 005TFQ0612 FireRadio Motorola PR860 OO5TLAO9O1 FireRadio Motorola PR860 005TFQ0668 Fire Radio Motorola PR860 OO5TJSO61O Fire
Radio Motorola PR860 005TLA0912 Fire
Radio Motorola PR860 005TNA0472 Fire
Radio Motorola PR860 005TFQ0665 FireRadio Motorola PR860 005TFJ0326 Fire Radio Motorola PR860 005TFQ0662 FireRadio Motorola PR860 005TLA0895 FireRadio Motorola PR860 005THG0278 Are Radio Motorola PR860 005RFQ061 1 FireRadio Motorola PR860 005TFQ0661 FireRadio Motorola PR860 005TFQ0669 FireRadio Motorola PR860 005TFJ0325 Fire Radio Motorola PR860 005TFJ0328 Fire
Radio Motorola PR860 005TFQ0671 Fire
Radio Motorola PR860 005TJ0769 FireRadio Motorola PR860 005TLA0898 FireRadio Motorola HT 750 672TRG4633 FireRadio Motorola HT 750 672TRG4620 Fire Radio Motorola HT 750 PMUB1026B FireRadio Motorola HT 750 672TDS5089 FireRadio Motorola HT 750 672TDS5085 FireRadio Motorola HT 750 672TRG4618 Fire Radio Motorola HT1 000 546AWQ0440 FireRadio Motorola HT1 000 546ASW0417 FireRadio Motorola HT1 000 126TXQ0720 FireRadio Motorola HT1 000 546ATN0443 Fire Radio Motorola HT1 000 546AVY0434X FireRadio Motorola HT1 000 126TVN1227 FireRadio Motorola HT1 000 546AQC0825B FireRadio Motorola HT1 000 546AWQ0435X Fire Radio Motorola HT1 000 546ASN0683C FireRadio Motorola HT1 000 546ATN04800 FireRadio Motorola HT1 000 546ATY0473 X Fire
Radio Motorola HT1 000 126TXQ0719 Fire
Radio Motorola HT1000 546AXC0441X FireRadio Motorola HT1000 5126TXQ0716 FireRadio Motorola HT1000 546ATN0482C FireRadio Motorola HT1 000 126TSGO1 14 Fire Radio Motorola HT1 000 546AWQ0437 FireRadio Motorola HT1 000 126TXQ0732 Fire Radio Motorola HT1 000 546AWG0277 FireRadio Motorola HT1000 FCVFD1117 FireRadio Motorola HT1000 546ATN0483C FireRadio Motorola HT1000 546ARU477 Fire Radio Motorola HT1000 546AVY0435X FireRadio Motorola HT1 000 RADIUS P200 Fire Radio Motorola HT1 250 749TCC8573 FireRadio Motorola HT1 250 749TEJ2073 FireRadio Motorola HT1250 749TVG8060 Fire Radio Motorola HT1 250 749TGA8399 Fire
Radio Motorola HT1 250 749TDL0135 Fire
Radio Motorola HT1 250 749TCC8500 Fire
Radio Motorola HT1 250 749TDJ8461 Fire
Radio Motorola HT1250 749TGE9451 Fire
Radio Motorola HT1250 749TEG0597 Fire
Radio Wouxun KG-UV6X 1409F0181 FireRadio Wouxun KG-UV6X 1409F0225 Fire Radio Wouxun KG-UV6X 1409F0340 FireRadio Motorola MinitorV 136WQJ1573 FireRadio Motorola Minitor V 839SEG23SM Fire Radio Motorola Minitor V 136WQJ2212 FireRadio Motorola MinitorV 136WNA1 565 FireRadio Motorola MinitorV 136WGU0742 FireRadio Motorola Minitor V 36WMQ2485 FireRadio Motorola MinitorV 136WQJ2213 FireRadio Motorola MinitorV 136WMS9077 Fire Radio Motorola Minitor V 839SEG23RJ FireRadio Motorola Minitor V 839SEG23QZ FireRadio Motorola MinitorV 136WJU0997 FireRadio Motorola MinitorV 136WJU6385 Fire Ambulance Ford 2005 1FDWE35P35hB48859 Fire
Section 2. Staff is authorized to dispose of the listed equipment in accordance with the foregoing provisions.
PASSED, APPROVED AND ADOPTED this 2r,d day of July 2024.
Ayes:
Noes:
Absent:Abstain:
Ann H. Marshall, Mayor
ATTEST:
Gabrielle Morones, Deputy City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: July 2, 2024 AGENDA ITEM: 4)
ORIGINATING DEP: Administration CITY MANAGER: _______ PREPARED BY: Devin Hart, Management Analyst David Maistros, City Manager
SUBJECT: Avalon Mooring and Diving Service, Inc. Contract Assignment RECOMMENDED ACTION(S): 1. Conditionally approve the assignment of the AvalonMooring and Diving Services, Inc. mooring maintenance franchise agreement from Mark Bray to Scott Gorelczenko. 2. Once a sale is complete, authorize the City Manager to execute an eighth amendment assigning the franchise agreement and maintaining all other terms. Thisassignment is contingent upon the parties executing an agreement to transfer the business.
REPORT SUMMARY: Avalon Mooring & Diving Service, Inc. has been contracted to provide mooring maintenance services in Avalon since July 1, 1994. On June 26, 2024, City Staff werenotified of Scott Gorelczenko’s intention to purchase Avalon Mooring & Diving Services, Inc. from Mark Bray. The purchase is conditioned upon the approval of an assignment by the City.
Per Section 12 of the existing franchise agreement: “This Contract Agreement granted to Avalon Mooring Services hereunder or any rights therein thereunder may not be assigned, transferred, hypothecated, or sublet by Avalon Mooring Service without the prior approval of the City Council. Any transfer of the majority of the stock of Avalon Moring Service shall constitute an assignment for the purposes of this paragraph. Approval by the City Council will not be unreasonably withheld.”
On July 18, 2023, the City Council approved a Seventh Amendment to the existing mooringmaintenance agreement extending the contract term for an additional five years. The current term expires on June 30, 2028. The Seventh Amendment also approved mooring service ratesto increase on an annual basis consistent with CPI.The Avalon Municipal Code sets forth criteria for a potential mooring service provider must meet. Per AMC Section 10-2.411:
Sec. 10-2411 Franchises for Mooring Services.
No person, other than an owner or lessee thereof, may repair, replace, renovate, construct, install or othetwise service moorings in City waters without first having obtained afranchise therefore from the City. This franchise shall be in addition to any business licenseotheiwise required by this Code, but shall satisfy the waterside project permit requirement of Section 4-2.410.
Applications for mooring service franchises shall be submitted on forms provided by the City containing such information as is required by the City Manager. The City Council may grant a franchise for mooring services, if upon review of the application, the Council makes thefollowing affirmative findings:
(a) The applicant will operate the mooring service on a twenty-four (24) hours per day basis for twelve (12) months a year.
(b) The applicant demonstrates the financial capability, skills, qualifications and facilities properly to perform mooring services.
(c) The applicant has presented facts demonstrating a need for operation of the proposed business in City waters.
(d) The proposed business will not have a deleterious impact on the public health, safety and welfare.
The term of any such franchise shall not exceed five (5) years. The franchise shall enter into a franchise agreement with the City which sets forth the terms and conditions of operation of such service, including a franchise fee to be paid to the City. (2, Ord. 736, eff April 14, 1983; §2, Ord. 872-92, eff. April 2, 1992) City Staff recommend the City Council make the affirmative finding that Scott Gorelczenkomeets the criteria established by the AMC and authorize the requested assignment of the existing term of the Contract Agreement for Mooring Services on the condition the business transfer takes place.
If approved by the City Council, the current business operator will continue negotiations with Scott Gorelczenko with the intention to transfer majority ownership on November 1, 2024.
FISCAL IMPACTS: N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Undetermined.
FOLLOW UP ACTION: Notify Avalon Mooring Service on the Council’s decision and draft assignment agreement if appropriate.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS:
o Existing agreement and amendments.
FILE :1r3gy
CONTRACT AGREEMENT
This Contract Agreement is made and entered into this 1st day of July, 1994 between the CITY OF AVALON, Los Angeles County, CalL Lorrila (hereinafter referred to as “City”) , and AVALON MOORING SERVICE.
1. Definition of Terms. Wherever used herein, the following words, terms, and phrases, respectively, shall have the followingmeaning. (a) rIy The word “cm” or “city’ whenever used in this
agreement shall be held to mean the City of Avalon, California, a municipal corporation; but whenever the word “city” is used in a territorial sense, it shall be held to mean and include theinland waters of the State of California within the present cor— porate limits as the same may hereafter be extended, and such adjacent waters, including surface waters of tidelands and sub merged lands granted to City by the State of California as may come under the jurisdiction of CITY.
(b) cITY WA1R “City waters” as used in this agreement
shall mean waters within the city limits of the City or withinthe boundaries of tidelands and submerged lands granted to City.
Cc) COUNCiL. TheCouncij_cjy Council.
Wherever the words “Council” or “the Council” or “City Council” are used, they shall be held to mean and include the Council. of CITY, or its successor, as the governmental, legislative andadministrative body of CITY. (d) MOORf. “Mooring” shall moan any appliance used by a vessel for anchoring purposes and which appliance is riot carried aboard such vessel when under way as regular equipment. (e) MOORINSERVIç “Mooring Services” shall mean the
replacement, construction, instal lat: ion, repair, renovation or other servicing of mooring and floats, wharfs or docks by the franchisee.
2. contract Agreemj For and in consideration and subject to the conditions, agreement, and provision of this Contract Agreement, CI’[Y hereby contracts with Avalon Mooring Service and its successors the authority and right to operate and maintain a mooring, diving and salvage service over and upon City waters for the purpose of installing and maintaining all moorings, floats, wharfs and docks as per request of the Harbor Master and as spe cified in Avalon Municipal Code Section 10-2.205.
•
Avalon Mooring Service shall operate such service and the vessels operated heremuler in accordance with the terms and conditions of this ontracI. Agreement and all City ordinances which pertain to the operations of Avalon Mooring Service business under this Contract Agreement. CITY shall not modify, amend, alter, change, or eliminate any of the provisions of this Contract Agreement byamendment of Its ordinances or otherwise unless required by law to do so.
3. ‘ilie term of this Contract Agreement shall be for the period of five years conwtencing July 1, 1994 and ending June 30, 1999.
4. Eouiumej4. Jiva]on Mooring Service shall maintain in proper working comllI ion all facilities, equipment, machinery and ves sels necessary to operate
a mooring service. Avalon Mooring
service shall at all times maintain
a full Inventory of line,
chain, shackles, buoys and oilier mooring materials in
a location
from which mooring services can be operated conveniently and efficiently.
5. Use oLSttw Avalon Mooring Service shall have the right to travel over and upon City waters from the performance of its mooring service. This Contract Jig t-eement shall in no way interfere wtt.h I.lte right of CITY to use City waters for any pub lic purpose, or interfere with the right of any franchisees or permittees of the City to use or travel upon City waters.
6. OualificflJgjj All operations of Avalon Mooring Service, including operation of vessels in City waters, shall be performed by qualified employees of Avalon Mooring Service.
Avalon Mooring Service shah keep in operation during the sched ule hours as many vessels and employees as shall be reasonably necessary to vrovide all service required by the public, and shall have no fewer titan one (1) Lull time employee. Additionalemployees to be hired as needed.
7. Rates The rates charged by Avalon Mooring Service shall be as set forth in ExhLbit
A attached hereto and incorporated herein
by reference and shall be posted in
a conspicuous place on the
premises of Jlvalon Mooring Service. Any changes in these rates shall be subject to approval of the City Council. City shall pay to Avalon Mooring Service consistent with the fee schedule (Exhibit A) up to and not to exceed the amount of $30, 000 per year. In instances where damage to
a float, wharf, dock or
mooring has been caused by another vessel or individual, CITY shall [urn Lsh to Jivalon Mooring Service
a billing address for the
individual or vessel owner. Avalon Mooring Service shall bill the individual, or vessel owner for a] 1 costs of necessary repairs.
8. Qit_Q Law Avalon Mooring Service shall conduct
its business under this Contract. Agreement in accordance with all applicable laws of the State of California, of the United States, arid all rules and regulations of the United States Coast Guard,and all ordinances of general application of the City of Avalon.
9. Insurance Before the Contract Agreement shall take
effect, Avalon Mooring Service shall furnish to CITY
a policy or
certificate of comprehensjve public liability insurance coverage in limits of not: Jess than {ive hundred thousand, ($500, 000) dollars for personal injury and property damage. Such insurance shall be kept in full force and effect at all times during theterm of this franchise. The policy must carry a thirty day can
cellation rider or endorsement requir:inq written notice to CITY at least thirty days before such policy may be cancelled or ter minated and shai.l name the CITY and its officers, employees, rep resentatives, and agents as additional insureds, Copies of such policies shall be filed with the harbor Master of CITY. AvalonMooring Service shall likewise obtain and maintain through the term of this Contract Agreement
a policy of worker’s compensation
insurance covering all of its employees.
10. Hold harmless Avalon Mooring Service shall indemnify, hold harmless and defend CITY, its officers, employees, agentsand representatives from and against all losses, claims, causes of action, actions and awards, including reasonable attorney’s fees, aris:i,ng from or relating to Avalon Mooring Services’ oper ations under t:he terms of this Contract Agreement..
11. Termina4oll j.f Avalon Mooring Service should fail to perform the provisions hereof on its part or should default hereunder or breach this Contract: Agreement and persist in such breach or should assign the Contract Agreement contrary to the provisions hereof, or should make an assignment for benefit of creditors, be adjudged a bankrupt or operate under any provisions of chapter of the Bankruptcy Act, the City Council may, after written notice and hearing, terminate the Contract Agreementgranted hereunder. In such case, CITY shall have all remediesprovided hereunder, or by law, and such remedies shall be cumu lative.
12. Assignment This Contract Agreement granted to Avalon Mooring Service hereunder or any rights therein thereunder maynot be assigned, transferred, hypothecated, or sublet by Avalon Mooring Service without the prior approval of the City Council.
Any transfer of the majority of the stock of Avalon Mooring Service shall count: i Lute an assignment. for the purposes of thisparagraph. Approva.i by the City Council will not be unreasonably withheld.
13. Notices All notices pursuanL to this Contract Agreement shall be made to the parties in writing to:
CITY: City of Avalon
Harbor Department
P. 0. Box 1085
Avalon, CA 90704
AVAI,ON MOORING SERVICE: Avalon Mooring Service
P. 0. Box 714
Avalon, CA 90704
14. EnLiregrlncnL This Contract Agreement represents the entire and integrated agreement between the CITY and Avalon Mooring Service. There are no collateral or oral agreements.
15. Effect padiig The subject headings of the sections
or paragraphs of this Contract Agreement are for pur
poses of convenience only, arid shall not effect the construction or interpret:ation of its provisions.
16. Severabiity If any section, subsection, sentence, clause or phrase of this Contract Agreement if for any reason is held tobe illegal or unconstitutional, such decision shall not effect the validity of the remaining portion of the Contract Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Con tract Agreement the day and year first above written.
“CITY” “COMPANY’
CITY OF AVALON MOORING SERVICE
ATTEST:
I
FiRST AMENDMENT TO CONTRACT AGREEMENT
FOR MOORiNG SERVICES
This First Amendment is made this ..day ol February, 1999 to the Contract Agreement between the City of Avalon and Avaion Mooring Service (dated July 1, 1994 (“the Agreement”).
Pursuant to action of the Avalon City Council on February 2, 1999, the terms andconditions ofthe Agreement are amended as follows:
1. The Agreement is modited to reticet change in the name and corporate status of Avalon Mooring Service to Avalon Mooring & Diving Service, inc.
2. The Agreement is extended for a period of live years, beginning July 1, 1999 and ending June 30, 2004.
3. Exhibit “A” to the Agreement is supcrccded by Exhibit “A-I”, attached hereto, Except as modified above, all terms and conditions ofthe Agreement shall remain in effect.
CITY OF AVALON ,. ATTEST ____ th.
Hg T. ‘Bud’ Smith May r Shirley Dav, City Clerk
AVALON MOORING & DIVING SERVICE, INC.
! ,/)
ByL.b
Its:
IIDC-99-Oi-02299 paa Page 1 of I
AVAL(1OORING AND DIVING SERVI(IRNC.
RATE SCHEDULE
1999
LABOR AND EQUIPMENT
overtime
Boat, operator and deckhand 175.00/hr 265.00/hr
1/4 hr mm. City/i hr. mm. all others
Boat, operator, deckhand and diver 250.00/hr. 375.00/hr.
Overtime rate for the work boat is in effect 1630-0800 hrs., after 8 continuous hours, and all day Sunday.
Diver oniy within City limits 90.00/hr. 225.00/hr.
outside City limits 162.50/hr. 240.00/hr.
(Diver overtime rate is in effect 1630-0800 hrs.)
Shop labor 60.00/hr/man
Forklift 1 hr minimum 60.00/hr.
ALL LABOR PERFORMED WiTHIN CiTY LIMiTS SUBJECT TO 7% CITY OF A VALON USE FEE.
TYPICAL CITY COSTS INCURRED
10’ hawser 25.00 installed
20’hawser 35.00 installed
30’ hawser 45.00 installed
Relocate drug mooring (bow or stem) 43.75 (1/4 hr. miii) Relocate drug mooring w/boat and diver 75.00
Pick up pole 40.00(small)installed
45,00(large)installed
Mooring weight(2500# concrete) 400.00 installed ±use fee +sales tax
Fiberglass/foam buoys 26” (small) 190.00
32” (large) 225.00
Buoys cleaned, painted small 80.00
relettered large 90.00
Net buoys cleaned, painted, relettered and installed 250.00 All prices quoted +7% City of Avalon Use Fee where applicable. Prices include 8.25% CA Sales Tax unless otherwise noted. Prices subject to change without prior notice.
EXHIBIT A—i
SECOt, ENDMENT TO CONTRACT AGREEMENT
FOR MOORING SERVICES
ThisSnd :tndment is made this jday of February, 2002 to the Contract Agreement between the City of Avalon and Avalon Mooring & Diving Service, Inc. datedJuly 1, 1 994 (“the Agreement’) as amended by the First Amendment dated February, 1999
Pursuant to action of the Avalon City Council on February 5. 1999. the terms and conditions ofthe Agreement are amended as follows:
Exhibit “A” to the Agreement is superceded by Exhibit “A2”, attached hereto.
2. The rates set forth in may he adjusted to reflect increases and decreases in state and local sales taxes that may be imposed during the term of this Agreement.
Except as modified above, all terms and conditions ofthe Agreement shall remain in effect.
CITY OF AVALON ATTEST:
AVALON MOORING & DIVING SERVICE, INC.
Th1’
Its:
City contracts\AvIon Mooring Servire 2 Amdmt. 020602 Page 1 of I
EXHIBIT A-L
AVALON MOORING & DIVING SERVICR INC.
PROPOSEI) YEARLY SERVICE RATES
IWI
LUJL
30’ MOORING WIO BUOY (#A-1) $260.00
30’ MOORING W/BUOY S39500
40’ MOORING $405.00
45’ OR 40’ W/STERN FLOTATION $415.00
50’ MOORiNG $420.0050’ MOORiNG W/NET BUOY $545.00
60’ MOOR ING(223 & 226 ONLY) $440.0060’ MOORING W/NET BUOY $560.0070’ MOORING $575.0() 30’/LONG SPREADER/NC) BUOY (259-263) $330.00
30’ MOORING/NO BUOY (265-266) $270.00
lOW MOORING $935.00
SEttND AMENDMENT TO CONTR&CT AGREEMENT
FOR MOORING SERVICES
This Seetd Amendment is made this 4th day of February, 2004 to the Contract Agreement between the City of Avalon and Avalon Mooring & Diving Service, Inc. (dated July 1, 1994 (“the Agreement”).
Pursuant to action of the Avalon Cfty Council on February 3. 2004, the terms and conditions of the Agreement are amended as follows:
1. The Agreement is extended for a period of tive years, beginning July 1,2004, and ending June 30, 2009.
2 Exhibit “A-i” to the Agreement is superccded by Exhibit “A-2’, attached hereto.
Except as modified above, all terms and conditions of the Agreement shall remain in effect.
CITY OF AVAI.ON ATTEST:
4 7 — N
By:
Robert
ui/M
F. Clark, City
tL
Manager ShirIS havy, Citi,C1erk’
AVALON MOORiNG & DiVING SERVICE, INC.
By
Its:
llD(’-O2-O4-O4 paa Page I of 1
AVALON MOORiNG & DIVING SERViCE INC
P-ROPOSEI7 VEARI N SF:RVICI RAFESff.Wi b 2004
30 MOORING W/O BUOY (#A-1) $28500
30’ MOORING W/BUOY $425.00
40’ MOORING $440.00
45’ OR 40’ MOORING W/STERN FLOTATION $450.00
50’ MOORING $4500050’ MOORiNG W/NET BUOY S590.0o
60’ MOORING (223 & 226 ONLY) 54750060’ MOORING W/ NET BUOY $605.00 70’ MOORING $625.00
30’ MOORING/LONG SPREADER/NO BUOY (250-263) $35500
MOORING/NO BUOY (265-266) $28500
100’ MOORiNG $1010.00
EXHIBIT A-2
FOURTH AMENDMENT TO CONTRACT AGREEMENT
FOR MOORING SERVICES
This Fourth Amendment is made this 19th day of March, 200$ to the Contract Agreement between the City of Avalon and Avalon Mooring & Diving Service, Inc. dated July 1, 1994 (“the Agreement”) as amended.
Pursuant to action ofthe Avalon City Council on March 18, 2008, the terms and conditions of the Agreement are amended as follows:
I. The Parties agree to advance the current term and extend the Agreement to run from July 1,2008 through June 30, 2013.
Except as modified above, all terms and conditions ofthe Agreement shall remain in effect.
CITY OF AVALON ATTEST:
By:
_________
__
_____
Pete Woolson, City Manager Denise Radde, City Clerk
AVALON MOORING & DIVING SERVICE, IN
\‘\
Bv:(jV.. /
Print amc: T .N
Its: ‘\
) ‘
City contracts\
Avalon Mooring Service4 Arndmt. 031908 Page 1 of I
HFI H AMENDMENF FO CONTRACT AGRFFMENT
FOR MOORING SERVICES /
This Fifth Amendment is made this 26th da November. 2013 to the Contract Agreementbetween the City of Avalon and Avalon Mooring & Diving Service. Inc. dated .JuIy I 1994(the Agrcement’) as previously amended.
Pursuant to action of the Avalon Cit’ Council on December 1 8. 2012. the terms and conditionsol the Agreement are amended as lollows:
The Parties agree that the term of the Agreement shall be extended through June 30, 201 8.
2. Effective July i, 2013. the Mooring Services Rates will increase by nine percent (9%) and authorize Avalon Mooring &Diving Service to increase rates year1’ beginning January I. 2014 based on the CPI adjustments. The Mooring Services Rates may also be adjusted by changes in California Sales taxes.
3. Avalon Mooring and Diving Services, Inc. shall provide proof of’ insurance consistent with the City’s current insurance requirements.
(CPI based on yearly average of Los’Ange1es, Riverside, Orange County All Urban ConsumerTndex.)
Except as modified above, all terms and conditions of the Agreement shall remain in effect.
CITY OF AVALON ATT’EST:
13y:
Ben 1-larvey. City rv nater Denise Radde, City ClerI<
AVALON MOORING )lViNG SERVICE. INC.
By:
AVALON MOORING & DIVING SItRVICIi. INC
YEARLY SERVICE RATES
2014
30’ MOORING WIO BUOY (#A-D) 400.0030’ MOORING WI BUOY 595.00 40’ MOORING 615.00
45’ OR 40’ MOORING W/STERN FLOTATION 630.00
50’ MOORING 630.00
50’ MOORING WINET BUOY 825.00
60’ MOORING (#223&.226 ONLY) 670.0060’ MOORING W1NET BUOY 855.00 70’ MOORING 875.0030’ MOORINGIIONG SPREADERINO BUOY (259-263) 500.00 30’ MOORiNG/NO BUOY (265-266) 500.00
100’ M(X)RING 1540.00
HAMILTON COVE lII-H31 630.00
I IAMILTON COVE H32-1136 615.00
Avalon Mooring & Diving Service, Inc.
MOORING INSTALLATION & MAINTENANCE
MARINE SALVAGE
RO. BOX 714, AVALON, CA 90704 • 310-510-0779 • FAX 310-510-1522 AVALON MOORING & DIVING SLRVICE. INC
YEARLY SERVICE RATES
2013
30’ MOORING W/O BUOY (IIA-D) 395.00
30’ MOORIN( WI BUOY 590.00
M 2R!NC 61
5’ OR 40’ MOORING W/SILRN FLoTATION 625.00
50’ MOORING 625,00
50’ MOORING W!NF’[’ BUOY 81500
0’ MOORING 0223&226 ONLY) 660.0()60’ MOORING W/NFT Bt 3)Y $45.00 70’ MOORING 865.0(130’ MOORING/I .ONG SPRLAI)ER’N() BI.JOY (259-263) 495.0() 30’ MC )RING/NO 1-31, OY (265—266) 495.00
100’ MOOR IN( 1525.00
I IAMB. ION COVI’ 1-11—1131 625.00
I IAMIL [ON COVE 1132—I 136 6 0.00
SIXTH AMENI)MENT TO CONTRACT ACREEMENT
FOR MOORING SERVI(;ES
This Sixth Amendment is made this 28 day of September. 201 8 to the Contract Agreement between theCity of Avalon and AaIon Mooring & Diving Service, Inc. dated Jul’ I. 1994 (‘the Agreement”) as previously amended.
Pursuant to action of the Avalon (liv Council on Sepleniber 4. 20 I 8. the terms and condit ns of the Agreement are amended as follows:
The Parties agree that the term of the Agreement shall he extended through June 30. 2023.
2. Effective July 1, 2018 the Mooring Service Rates may increase annually based on UPI adjustments. The Mooring Service Rates may also he adjusted by changes in California Sales taxes. (CPI based on yearly average of los Angeles. Riverside, Orange County All UrbanConsumer Price Index.) The 2018 Rate Sheet is included as Exhibit A.
3. Avalon Mooring & 1)iving Services, Inc. shall provide proof of insurance consistent with the Citv’s current insurance requirements. Insurance requirements provided as Exhibit B.
4. Avalon Mooring & Diving Services. Inc. shall comply with all aspects ol’ the Avalon Municipal Code. Excerpt of’ AMC included as Exhibit C.
Except as modified above, all terms and conditions of the Agreement shall remain in effect.
CITY OF AVAI ,ON: A FT ESF: _____________ - _______ Denise A. Radde, City Manager (iahrielle Morones. Deputy Cit Clerk AVALON MOORING & DIVING SERVlCl.S. INC
By:jjj
—
Mri’ay’,t’esiden
kd±4 YEARLY SERVICE RATES 2013-2018
MOORING TYPE
2013 2014 2015 2016 2017 2018
30 MOORING W/O BUOY 395 400 403 411 419 431
30W/BUOY
#A-D
590 595 599 611 623 640
40 MOORING 610 615 619.25 632 645 663
40 OR 45’ MOORING 625 630 635 648 661 680
WJSTERN FLOTATION
50 MOORING 625 630 635 648 661 680
50 MOORING 815 825 831 848 865 890
WINET BUOY
60 MOORING 660 670 675 689 702 722
223&226 ONLY
60 MOORING WJNET BUOY 845 855 861 878 896 921
70 MOORING 865 880 886.15 900 918 944
30 MOORING 495 500 503.5 514 524 540
LONG SPREADER/NO BUOY
30’
(259-263)
MOORING/NO BUOY 495 500 503.5 514 524 540
100’
(265-266)
MOORING 1525 1540 1551 1582 1614 1660
HAMILTON COVE (H1-H31) 625 630 635 648 661 680
HAMILTON COVE SWING BUOYS 610 615 61925 631.5 645 663
EXHIBIT B
CiTY OF AVALON INSURANCE REQUIREMENTS
Time for compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfitcior to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the stmbconsultant has secured all insurance required under this section, Failure to provide and maintain all required insurance shall be grounds fir the City to terminate this Atzreement fbr cause.Mimminum Requirements. Consultant shall, at its expense, procure and maintain br the duration of the Agreement insurance against claims For injuries to persons or damages to property which may arise fromor in connection with the performance of the Agreement by the ( ‘onsultant. its agents, representatives. employees or subconsultants. Consultant shall also require all of its suhconsultants to procure and maintain the same insurance for the (luration of the Agreement. Such insurance shall meet at least thefollowing minimum levels of coverage:
Mitjtoi_Sciwe of Insurance. Coverage shall be at least as broad as the latest version of the following:
I ) (k’nt’ra/ Lithiliti’: Insurance Services Office Commercial General liability coverage (occurrence Form CG 0001): (2) Automobile Liability: Insurance Services Office Business Auto Coverage torm number CA0001. code I (any auto): and (3) Workers ( onlpensalion and Einp/oi’er s Liabiliti’: Workers’Compensation insurance as required by the State of California and Employer’s I .mahility Insurance.
Minimum limits of Insur mu. Consulhnt sh ill in nut un limits no IL’,’, th in (I) (r ncaI 1 ,al,,/iti$1 .000,000 per occurrence for bodily iniury. personal iimjurv and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, including. hut not limitedto, form C(i 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
SI .000,000 per accident for bodily injury and property damage: and (3) fln’ke’s Conipensution nulEmployer’s J.iubilitv: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liabilit limits of$ 1 .000,000 p accident for bodily injury or disease.
Professional Liabili(y. Consultant shall procure and maintain, and require its sub—consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1 .000.000.00 per claim, and shall be endorsed to include contractual liability Insurance Endorsements. Fhe insurance policies shall contain tIme following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions tothe insurance policies:
A. General Liability. The general liability policy shall he endorsed to state that; (I> the City, its directors, officials. officers, emploees. agents and volunteers shall he covered as additional msured with respect to the Work or operations perlormed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such ork: and (2) the insurance coveraceshall be primary insurance as respects the City. its directors, officials. ofticers. employees, agents arid volunteers, or ilexeess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. An insurance or self—insurance maintained by the City. its directors, officials. oflicers, employees, agents and volunteers shall be excess of the (onsultani s insurance arid shall not be called upon to contribute with it in any wa.
13. tIrtle Liability. The automobile liability policy shall he endorsed to state that; (I) the City, its directors, of icials. officers, employees, agents and volunteers shall he covered as additional insureds with respect to the ownership. operation. nlaifltenarice. use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or thr which the Consultant is responsible; and (2> the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers. employees, agents and volunteer’s, or if excess. shall stand in an unbroken chain of coverage excess of the ;onstiltant’s scheduled underlying coverage. Any insurance or self.insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall riot be called upon to contribute with it in any way.
C W orku s ( omcjsaLmplyers I r ibi hi. C o ci ig. I hi rnsui ci shall agr u. to waive all rights of subrogation against the City. its directors, officials, officer’s. employees, agents and volunteers (hr losses paid under the terms of the insurance policy which arise from work perf’ornied by theConsultant.
D. j_çccig,. Each insurance policy required by this Agreement shall he endorsed to state that: (A) coverage shall not be suspended. voided, reduced or canceled except after thirty (30) days prior written notice by certified mail. r-cturn receipt requested, has been given to the City; arid (B) any failure to comply with reporting or other provisionS of ihe policies, including breaches of warranties, shall not affect coverage provided to the City. its directors, officials, officers, employees, agents andvolunteers.Separation of Insureds; No Special I .imitations, All insurance required h this Section shall contain standard separation ol insureds provisions. In acId ition, such insurance shall not contain any special limitations on the scope of’ protection afforded to the City. its directors, officials, officers, employees, agents and volunteers.
l)eductihles and SelLlnsurance Retentions, Any deductibles or self—insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the Cit’, either; (1> the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City. its directors, officials, officers. employees, agents and volunteers: or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and clelnse expenses.
Acceptability of Insurers. Insurance is to be placed with insurer’s with a current AM. Best’s rating rio less than A:V Ill, licensed to do business in California. and satisfactory to the City. ‘vu rfic itmon of ( o.r ( onsult’int slnll fur mush ( ity with or mgriial cu tm I iL itLs ol rn’ur mnce md endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The cem’tificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalC and shall be on forms provided by’ the City if’ requested. All certificates and endorsements must be received and approved by the City betbre work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Rortin of Clauns ( onsullant sh ill I cpoi I to (hc ( It in add It ion to C onsu lt’mt s insul CI dn’ and ill insurance claims submitted by Consultant in connection with the Services under this Agreement. erQM.gagepent_and Compliance.
Storm Water Manaenicnt, Storm, surface, nuisance, or other waters may be encountered at arioustimes during the Services. Consultant hereby ackno ledges that it has investigated the risk arising from such waters, and assumes any and all risks and I abilities arising therefrom. ( omph InCe sith Watyr Quaht.y I iv s Ordiivtncs mdRgul itlons (_ onsulFint sit ill kccp itsc,lt md ill subcontractors, staff and employees hilly infornied of and in compliance with all local, state and federal laws. rules and regulations that may impact. or be implicated by the pertoniiance at the Servicesincluding, without limitation, all applicable provisions of the City’s ordinances regulating ater quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251. ci seq.): the Califbrnia Porter—Cologne Water Quality Control Act (Water Code § 13000 ci seq.): and any and all regulations, policies, or permits issned pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage d strict, or other local agency with jurisdiction over the location s here the Services are to be conducted, regulating waler quality and storm water discharges.
Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to pcrkrnm the work assiglet to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 ol’ this Agreement. Consultant further warrants that it. its employees and subcontractors have or will receive adequate training, as determined bythe City, regarding these requirements as the may relate to the Services.
Liability for Non—compliance.Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2. 14.2 ot’ this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in thisAgreement, Consultant agrees to indemnif and hold harmless the City, its officials, officet’s. agents. employees and authorized volunteers from and against an and all claims, demands, losses or liabilities ofan kind or nature which the City, its officials, officers, agents, employees and authorized volunteers maysustain or incur fir noncompliance with the laws, regulations, and ordinances listed above, arising out ofor in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of’ the C’ity. its officials, officers, agents. employees or authorized volunteers,
Defense: City reserves the i’ight to defend any enforcement action or civil action brought against the City for Consultant’s tiiilure to comply with any applicable water quality law, regulation, or policy:.
Consultant hereby agrees to be bound by. and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant entiwcement entity.
Damages: C’ity may seek damages from Consultant for delay in completing the Services caused by Consultant’s hiIure to comply with the laws, regulations and policies describe(l in this Agreement, or anyother relevant water quality law, regulation, or policy.
EXHIBIT C
CITY OF AVALON MUNICIPAL CODE
Sec. 10-2.411 Franchitesfor Mooring Services
No person, other than an owner or lessee thereof may repair. replace, renovate, construct, Install or otherwise service moorings In City waters withoutfirst having obtained a franchise therefore from the City Thisfranchise shall be In addition to any business license otherwise required by this Code, but shall satisfy the waterside project permit requirement of Section 4-2.410.
Applicationsfor mooring service franchises shall be submitted onforms provided by the City containing such information as is required by the City Manager. The City Council may grant afranchisefor mooring services. ([upon review ofthe application, the Council makes the following affirmativefindings:
(a) The applicant will operate the mooring service on a twenty-four (24) hours per day basisfor twelve (12) months ayear.
(h) The applicant demonstrates the financial capability skills, qualjflcations and facilities properly to perform mooring .cervica
(c) The applicant has presented facts demonstrating a need for operation of the proposed business in City waters.
(d) The proposed business will not have a deleterious impact on the public health, safety and we([are.
The term ofany suchfranchise shall not exceedfive (5) years. The franchtce shall enter into afranchise agreement with the City which setsforth the terms and conditions ofoperation rj such service, including afranchisefee to be paid to the City. (sF2, Ord 736, eff April 14, 1983; ,$2. Ord 872-92. eff April 2. 1992)
SEVENTH AMENDMENT TO CONTRACT AGREEMENT
FOR MOORING SERVICES
This Seventh Amendment is made this 20th day of July 2023 to the Contract Agreement between the City of Avalon and Avalon Mooring & Diving Service. Inc. dated July 1, 1994 (the Agreement) as previously amended.
Pursuant to action of the Avalon City Council on July 18, 2023. the terms and conditions of the Agreement are amended as follows;
1. The Parties agree that the term of the Agreement shall be extended through June 30, 2028.
2. Mooring Service Rates may increase annual based on CPI adjustments. The Mooring Service Rates may also be adjusted by changes in California Sales taxes. (CPI based on average of Los Angeles. Riverside. Orange County All Urban Consumer Price Index.) The 2023 Rate Sheet is included as Exhibit A.
3. Avalon Mooring & Diving Service. Inc. shall provide proof of insurance consistent with the City’s current insurance requirements. Insurance requirements provided by Exhibit 8.
4. Avalon Mooring & Diving Services. Inc. shall comply with all aspects of the Avalon Municipal Code (‘AMC’). Excerpt of the AMC included as Exhibit C.
Except as modified above, all terms and conditions of the Agreement shall remain in effect.
CITY OF AVALON;
AVALON MOORING & DIVING SERVICE, INC.;
ATTEST;
Gabrielle Morones. Deputy City Clerk
Mark (ayç’Presiden
M. Maistros, City Manager
CITY OF AVALON CITY COUNCIL
MEETING DATE: July 2, 2024 AGENDA ITEM: ________ ORIGINATING DEP: Administration CITY MANAGER: £‘LA..1& PREPARED BY: Devin Hart, Management Analyst
Robert Greenlaw, CIP Director
SUBJECT: First Reading of an Ordinance Amending Chapter 4-4 of the Avalon Municipal Code Regarding Curb Markings and Adoption ofExemption Findings Under the California Environmental Quality Act RECOMMENDED ACTION(S): Introduce and waive all readings of an ordinance of the City of Avalon amending Chapter 4-4 to the Avalon Municipal Code regarding curb markings and adoption of exemption findings under the California Environmental Quality Act (CEQA).
REPORT SUMMARY: City Staff have begun the process of reviewing the established loading and unloading zones for passengers and commercial goods. Per the authority established inSection 4-4.1101 of the Avalon Municipal Code (AMC), the City Manager, acting as the Traffic Engineer, may determine commercial loading zones and passengers zones at any place in the “business district” and elsewhere in Avalon in front of any location used for the purpose of public assembly.
The AMC further defines the color of curb paint used to designate each type of zone as well asthe timeframe that parking limitations are enforceable. As currently established, yellow and white curbs become unrestricted from 6 p.m. to 7a.m. daily. The transition of the zones from restricted to unrestricted has, at times, created confusion for users.
To eliminate confusion, City Staff propose amending the ordinance to extend the parking limitations in designated commercial and passenger loading/unloading zones (white and yellow curbs) to 24 hours. Additionally, the proposed changes eliminate exceptions to certain regulations that exempted freight carriers from various restrictions. Such restrictions would apply to all vehicles.City Staff believe the change in the AMC will allow for more consistent enforcement and lesscongestion in the designated unloading/loading areas.
As adoption of the ordinance will not result in a direct or reasonably foreseeable indirect physical change to the environment and because the adoption of the ordinance will no cause a change in any of the physical conditions within the area effected by the ordinance, the adoption of the ordinance is not subject to CEQA.CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Avalon Municipal Code will not be amended.FOLLOW UP ACTION: Adoption of the Ordinance at the next regular City Council meeting.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: Redline Ordinance.
ORDINANCE NO. _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVALON, CALIFORNIA AMENDING CHAPTER 4-4.1102
OF THE AVALON MUNICIPAL CODE REGARDING CURB
MARKINGS AND ADOPTION OF EXEMPTION FINDINGSUNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, pursuant to the authority granted to the City of Avalon (“City”) by Article Xl, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety; and WHEREAS, the Avalon Municipal Code authorizes the Traffic Engineer to determine and mark loading zones and passenger loading zones; and WHEREAS, when necessary for the safety and orderly movement of traffic, the Traffic Engineer shall place curb markings to indicate parking or standing regulations; and WHEREAS, the consistent use of these markings is essential so as not to create confusion for users or enforcement; and
WHEREAS, on July 2, 2024, the City Council held a duly-noticed public meeting and considered the staff report, recommendations by staff, and any public testimonyconcerning this ordinance; and WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals. The recitals set forth above true, correct, incorporated herein, and are adopted as the findings of the City Council in connection with the adoption of this Ordinance.
Section 2. Code Amendment. Chapter 4-4.1102 of the Avalon Municipal Code is hereby amended to the Avalon Municipal Code to read as follows:
§ 4-4.1102 Curb Markings. [ 141, Ord. 452, as amended by Ord. 494, eff. May 6, 1967; and § 3, Ord. 552, eff. May 31, 1972; § 3, Ord. 833, eff. October 6, 1988; § 2, Ord. 1052-07, eff. May 17,2007; § 2, Ord. 1069-08, eff. June 19, 2008; § 1, Ord. 1074-08, eff. September 18, 2008](a) (1) No stopping, standing or parking at any time except as permitted by the California Vehicle Code shall be designated by red paint upon the entire curb surface.
Notwithstanding the foregoing prohibition of stopping, standing or parking in a red curb zone, the City Council hereby finds and determines that freight carriers provide vital services to business enterprises within the City on a daily basis and that the loading zones in the City are inadequate to facilitate the unloading of freight.
Accordingly, freight carriers holding a permit issued by the City Council may stop and drop off freight in red zones within a commercial district, except freight carriers shall not Additionally, no vehicle shall:
(i) Stop within 15 feet of a fire hydrant;(ii) Stop within a fire lane; (iii) Stop within 15 feet of an intersection; and,(iv) Block any handicapped pedestrian walkway, alley, parking entrance, driveway or crosswalk;
(2) Loading zones shall be designated by yellow paint upon the entire curb surface. No person shall stop, stand or park a vehicle in a loading zone at any time between7:00 a.m. and 6:00 p.m. on Monday through Saturday for any purpose other than theloading or unloading of passengers or materials. The foregoing limitation shall not apply on Sundays. The Traffic Engineer shall designate the maximum time limitsapplicable to each loading zone within the City. Such time limits shall be stated on the curb surface of each loading zone in prominent black lettering of not less thanfour inches in height and one inch in width. (3) Passenger loading zones shall be designated by white paint upon the entire curb surface. No person shall stop, stand, or park a vehicle in a passenger loading zone for any purpose other than the loading or unloading of passengers or for the purpose of depositing mail in an adjacent mail box. The Traffic Engineer shall designate the maximum time limits applicable to each passenger loading zone within the City. Such time limits shall be stated on the curb surface of each passenger loading zone in black lettering of not less than four inches in height and one inch in width. Such restrictions shall apply between 7:00 p.m. and 6:00 p.m. of any day; provided, however, when such zone is in front of a hotel or in front of a mail box, the restrictions shall apply at all times..
(4) Short term parking zones shall be designated by green paint upon the entire curb surface. The Traffic Engineer shall designate the maximum time limits applicable toeach short term parking zone within the City not to exceed one hour. The time limit for each such short-term parking zone shall be displayed in white lettering of not less than four inches in height and one inch in width. Such short-term time limits shall not be effective until signs have been erected by the Traffic Engineer giving notice thereof. No person shall stand or park a vehicle in excess of the designated time limit between the hours of 7:00 a.m. and 6:00 p.m. of any day in front of any curb whichhas been so designated. (5) A taxicab stand shall be designated by white paint upon the entire curb surface and marked “Taxi” in black lettering of not less than four inches in height and one inch in width. It shall be unlawful for the operator of any vehicle other than a taxicab or automobile for hire to stop, stand or park such vehicle in such taxicab stand. (6) Autoette and motorcycle parking zones shall be established by the Traffic Engineer and shall be designated by white lines on the surface of the roadway and by blacklettering on the curb surface of not less than four inches in height and one inch in width or by posting of signs giving notice of such autoette and parking zones. (7) Handicap parking zones shall be designated by blue paint upon the entire curb surface and marked “Handicapped Parking Only” in white lettering of not less than four inches in height and one inch in width. It shall be unlawful for any person to park any vehicle except one which bears the distinguishing license plate or placard for handicapped persons pursuant to Sections 9105 or 22511 .5 of the California Vehicle Code. For purposes of enforcement a handicap zone shall include any area of the pavement adjacent to a parking stall or space designated for a handicapped or disabled person that is marked by crosshatched lines and thereby designated for the loading and unloading of vehicles parked in the stall or space. (b) Except as otherwise authorized by this article, when the Traffic Engineer has caused such curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section.
(1) Building service contractors that provide electrical, plumbing, appliance/refrigeration or fire safety related services that have a current business license permit for such business, may apply for and be issued a permit, which permit when displayed shall enable the vehicle to remain in any parking area other than a red zone, fire lane or handicapped zone but only for so long as the service work is being performed in the downtown area. As used herein, the downtown area shall mean the area bounded by Clarissa to the east, Beacon to the south and Metropole to west. a. Permits granting similar privileges that were issued prior to the enactment of this section shall remain valid for a period of one year. After such date, the Vehicle Clerkmay issue such permits on a form approved by the City Manager, which permit shall be valid for a period of one year provided such service contractor continues to be in the service business. Appeals regarding the issuance of permits shall be made to the City Manager and subject to an appeal fee set by resolution of the City Council. TheCity Council shall set a fee for processing of the permit application by resolution.
Parking. ...n “o!2t!on .. of the terms contons Ill :f :IIIt-. L—I II III h! be subject to th following penalties:
First offense Written warningSecond offense $100 fine
Third offense Maximum of $250 fine and/or
suspension or revocation
Penalties shall be administered by the Vehicle Hearing Officer and may be made based upon written submission by the Code Enforcement Officer and the penittee.
Section 3. Severability. If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, void, or invalid, such decisions shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passedeach section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional, void, or invalid.
Section 4. CEQA Exemptions. The City Council finds that adoption of this Ordinance is not a project subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15378 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Additionally, this Ordinance is exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) because this Ordinance will not cause a change in any of the physical conditions within the areaaffected by the Ordinance. None of the exceptions to the exemptions found in StateCEQA Guidelines section 15300.2 apply. Staff is hereby directed to prepare, execute and file with the Los Angeles County Clerk a CEQA Notice of Exemption within five (5) working days of the adoption of this Ordinance.
Section 5. Certification. The City Clerk of the City of Avalon shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law.Section 6. Effective Date. This Ordinance shall become effective thirty days from its adoption.
INTRODUCED at a regular meeting of the City Council of the City of Avalon on the 2’ day of July, 2024, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 1 6th day of July, 2024, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Ann H. Marshall, Mayor
ATTEST:
Gabrielle Morones, Deputy City Clerk
APPROVED AS TO FORM:
Scott Campbell
Best Best & Krieger, LLP