AVALON CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 17, 2024 - 4:30 PM
410 AVALON CANYON ROAD
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-
35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the public inspection at the time the records are distributed to all, or a majority of all, members of the City Council. Such records shall be available at City Hall located at 410 Avalon Canyon Rd.
For the public's convenience, but not participation, the meeting can be viewed:
On local cable: Catalina Broadband Solutions channel 3
Streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial Streaming on YouTube: https://www.youtube.com/CityofAvalonCA
CALL TO ORDER / PLEDGE OF ALLEGIANCE / INVOCATION / ROLL CALL
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
ANNOUNCEMENTS / WRITTEN COMMUNICATIONS
DEPARTMENT HEAD REPORTS
CITY MANAGER REPORT / CITY ATTORNEY REPORT
COUNCILMEMBER REPORTS/REQUESTS / MAYOR REPORT
ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on non- agenda items at this meeting. Speakers should limit comments to two (2) minutes each.
CONSENT CALENDAR
Warrants
Expenditures Submitted for Approval
• Warrants from the US General Fund in the amount of $732,375.50. • One payroll totaling $264,141.95.
• Three electronic fund transfers totaling $100,791.32.
Recommended Action
51,097308a1 expenditures for August 26, 2024 through September 6, 2024 totaling 2024 Volunteer Fire Assistance Grant
The City was awarded a grant from the Volunteer Fire Assistance Grant (VFA) Program.
VFA is a federally funded grant program that allows California to provide local and rural
CITY COUNCIL AGENDA
SEPTEMBER 17, 2024
PAGE 2
fire departments with minor firefighting, training, communications and safety equipment for their volunteer firefighters.
Recommended Action
Adopt a resolution authorizing the City Manager to execute an agreement to enter into the Volunteer Fire Assistance Grant (VFA) with the California Department of Forestry and Fire Protection (Cal Fire) for $20,000.00.
3. Adoption of the Cruise Ship Wharfage Fee Increase
This ordinance was introduced, and all further readings waived at the September 3, 2024 regular City Council Meeting. Effective January 1, 2026, City Staff is proposing to charge all cruise ships calling upon Avalon 100% of the manifest for cruise ship passengers, minus any crew, at the rate of $7.50 per passenger.
Recommended Action
Adopt an ordinance repealing and replacing chapter 10-2.402(b) of the Avalon Municipal Code, use fees for harbor cruise ship passengers, and adoption of findings under the California Environmental Quality Act.
Declare Vehicles and Equipment as Surplus
Historically, the City Council is presented with a list of items that are surplus, the Council declares it surplus, and then the declared items are either sold via Public Surplus, given to charity, or disposed of properly. Staff has compiled a list of vehicles that the City of Avalon ("City") no longer uses and is insufficient for current needs.
Recommended Action
Adopt a resolution declaring vehicles and equipment listed in resolution as surplus property and authorize the City Manager to dispose of it in accordance with City policy.
Harbormaster Building Roof Replacement
The roof of the Harbormaster Building is approximately 17 years old. High exposure to sea and weather conditions, as well as the unprecedented storm seasons over the last three years, has led to degradation of the roof. At this time there are significant leaks throughout the structure.
Recommended Action
Authorize the City Manager or his designee to negotiate and execute a contract with Rainy Day Roofing, Inc. to replace the roof of the Harbormaster Building for a not-to-exceed sum of $100,000 as budgeted in the City's Fiscal Year 2024-25 Capital Improvement Plan, Project #207014, Account #10470-6547.
GENERAL BUSINESS
6. Building Services Division Request for Proposal
The City of Avalon currently employs one full-time Building Official. This position is being used more and more to complement Public Works staffing through completing electrical projects, managing small facility projects, and cross-training maintenance staff on technical tasks. After a staffing analysis of the Public Works Department, City staff will recommend to reassign this position to report to the Public Works Director to focus on projects at a future meeting date.
CITY COUNCIL AGENDA
SEPTEMBER 17, 2024
PAGE 3
Recommended Action
Authorize City staff to publish a request for proposal (RFP) for consultant services to provide Building Division Services, and On-Call Engineering and Construction Management Services.
Five Corner Pedestrian Improvements Project Bid Results The Five Corner Pedestrian Improvements Project proposes to construct new permanent sidewalks, median safety islands, traffic calming and lighting in order to provide safer operations for all users. The project was released for prospective bidders on July 3, 2024.
The bidding deadline was September 10, 2024 at 11 a.m. No bids were received by the stated deadline.
Recommended Action
1.) Make the affirmative finding that no bids were received by the bid deadline. 2.) Authorize the City Manager to negotiate a contract with Jordhal Construction, Inc. per Avalon Municipal Code Section 3-4.206.
8. Adult Use Cannabis Feasibility Discussion
A member of the City Council requested City Staff bring a report before the City Council considering expansion of the Avalon Municipal Code to include Adult-Use Cannabis.
Specifically, the Councilmember requested Staff research and provide an analysis regarding a store front adult-use facility, the community's desire/interest in the facility, and projected economic and other impacts.
Recommended Action
Hear presentation. If consensus is reached, provide direction to Staff.
ADJOURN
NOTICE OF POSTING
1, Devin Elise Hart, declare that the City Council Agenda for Tuesday, September 17, 2024 was ww.cityofavalon.com/agendacenter, and at City Hall, 410 Avalon Canyon Road. Friday, September 13 the City's website, Do this Start
Devin Elise Hart, Management Analyst
CITY OF AVALON CITY COUNCIL
MEETING DATE: September 17, 2024 AGENDA ITEM:
ORIGINATING DEP: Finance CITY MANAGER: DMK
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve total expenditures for August 26, 2024 through September 6, 2024 totaling $1,097,308.77.
REPORT SUMMARY: These disbursements through September 6th are comprised of warrants from the US Bank General Account totaling $732,375.50, one payroll totaling $264,141.95, and other electronic fund transfers totaling $100,791.32.
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 38552-38553 885.39 08/26/24
GF US BANK WARRANTS CK# 38554-38622 569,906.78 08/30/24 GF US BANK WARRANTS CK# 38623-38624 161,583.33 09/03/24 PAYROLL 264,141.95 09/06/24
EFT - CALPERS RETIREMENT 45,830.55 08/29/24
EFT - CALPERS RETIREMENT 45,745.01 08/30/24
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 9,215.76 09/06/24 TOTAL DISBURSEMENTS $1,097,308.77
GOAL ALIGNMENT: Ongoing meeting of City obligations.
FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in the FY24-25 Budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: Audit Certificate, Warrant Lists, US Bank Detail
CITY OF AVALON
August 26, 2024 - September 6, 2024 DISBURSEMENTS
September 17, 2024
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 38552-38553 885.39 08/26/24
GF US BANK WARRANTS CK# 38554-38622 569,906.78 08/30/24 GF US BANK WARRANTS CK# 38623-38624 161,583.33 _09/03/24 PAYROLL 264,141.95 09/06/24
EFT - CALPERS RETIREMENT 45,830.55 08/29/24
EFT - CALPERS RETIREMENT 45,745.01 08/30/24
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 9,215.76 09/06/24 TOTAL DISBURSEMENTS S 1,097,308.77
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 17th DAY OF SEPTEMBER 2024 CORRECT.
EXECUTED THIS 17th DAY OF SEPTEMBER 2024
AUDIT COMMITTEE - MICHAEL PONCE
FINANCE DIRECTOR - MATTHEW BAKER
AUDIT COMMITTEE - MARY SCHICKLING
CITY OF AVALON
WARRANT DISBURSEMENTS
September 17, 2024
CHECK
AMOUNT NAME DESCRIPTION
185.39 DEGNAN, SOPHIA PAYROLL CHECK 8/23/24
08/26/2024 100.00 STREET, JASO AIRFARE-IT APPLICANT
$ 885.39
CITY OF AVALON
WARRANT DISBURSEMENTS
September 17, 2024
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
38554 08/30/2024 1,503.78 AMAZON CAPITAL SERVICES, INC. SUPPLIES - ALL DEPT 38555 08/30/2024 40,501.67 FISHER SAND & GRAVEL CO. SERVICE - P/W 38556 08/30/2024 1,451.31 AVALON MOORING & DIVING SERVICE - HARBOR 38557 08/30/2024 155,009.26 CATALINA ISLAND MEDICAL CENTER SALES TAX PASS THRU 38558 08/30/2024 69.36 FUN EXPRESS, LLC SUPPLIES - RECREATION 38559 08/30/2024 2,959.92 MONTAGUE, STEVE RETIREE INS 07-12/2024 38560 08/30/2024 UNIFORMS - FIRE
38561 08/30/2024 AMAZON CAPITAL SERVICES, INC. VOID: MULTI STUB CHECK 38562 08/30/2024 AMAZON CAPITAL SERVICES, INC VOID: MULTI STUB CHECK 38563 08/30/2024 14,852.32 AMAZON CAPITAL SERVICES, INC SUPPLIES - ALL DEPT 38564 08/30/2024 85.75 ARAMARK UNIFORMS - P/W
38565 08/30/2024 400.89 AVALON BOAT STAND SERVICE - HARBOR 38566 08/30/2024 AVALON FREIGHT SERVICES, LLC VOID: MULTI STUB CHECK 38567 08/30/2024 3,850.36 AVALON FREIGHT SERVICES, ULC FREIGHT - ALL DEPTS 38568 08/30/2024 2,826.90 AVALON MOORING & DIVING SERVICE - HARBOR 38569 08/30/2024 300.00 BENTDAHL, MARY SERVICE - RECREATION 38570 08/30/2024 2,465.50 BEYOND SOFTWARE SOLUTIONS CONTRACT SVCS - IT 38571 08/30/2024 688.00 CAFE METROPOLE SENIOR MEALS - 07-08/2024 38572 08/2302024 603.29 CATALINA BEVERAGE CO SUPPLIES - ALL DEPT 38573 107.00 CATALINA EXPRESS TRAVEL - ADMIN
38574 08/30/2024 13,778.00 CATALINA ISLAND COMPANY RENT 07-08/2024 38575 08/30/2024 713.56 CATALINA ISLAND INN LODGING - P/W 38576 08/30/2024 43.73 CATALINA ISLAND MEDICAL CENTER E SCREENING - P/ 38576 08/30/2025 164.73 CATALINA ISLAND MEDICAL CENTER E SCREENING - GARAC 38577 08/30/2024 114.00 CATALINA ISLANDER ADVERTISING - ALL 38578 08/30/2024 268.00 CATALINA PEST CONTROL SERVICE - HARBOR 38579 08/30/2024 165.00 CATALINA YAMAHA SUPPLIES - GARAGE 38580 08/30/2024 280.00 CHARLIES CATALINA CANTINA SENIOR MEALS - 07/2024 38581 08/30/2024 200.00 CHAVOYA, MONICA DEPOSIT - TREMONT 38582 08/30/2024 4,200.00 CONNOLLY PACIFIC CO. SERVICE - P/W 38583 08/30/2024 7,500.00 DAVIS FARR LLP SERVICE - FINANC 38584 08/30/2024 DELTA DENTAL VOID: MULTI STUB CHECI
38585 08/30/2024 14,084.30 DELTA DENTAL DENTAL AUG & SEPT 2024 38586 08/30/2024 1,657.51 DION & SONS MARINE FUELS INC FUEL - HARBOR 38587 08/30/2024 270.87 DON MILLER & SONS SUPPLIES - P/W 38588 08/30/2024 68.53 EDISON UTILITIES - ALL DEP
38589 08/30/2024 1,079.48 FIDELITY SECURITY LIFE INSURANCE VISION - 08/2024 38590 08/30/2024 1,723.13 GANAHL LUMBER COMPANY SUPPLIES - HARBOR 38591 08/30/2024 551.60 GEMPLERS INC. UNIFORMS -P/W
38592 08/30/2024 1,682.10 GRAINGER SUPPLIES - P/W
38593 08/30/2024 1,549.58 HDL COREN & CONE RVICE - FINAN 38594 08/30/2024 1,081.72 LINDE GAS & EQUIPMENT INC. PPLIES - WELDIE 38595 08/30/2024 490.00 LOS ANGELES COUNTY FIRE DEPARTMENT PERMIT - FIRE 38596 08/30/2024 2,605.46 MARITECH INDUSTRIES, INC SERVICE - HARBOR 38597 08/30/2024 33,908.96 MATTHEWS INTERNATIONAL CORPORATION SUPPLIES - CEMETERY 38598 08/30/2024 110.52 ISLAND EXPRESS HELICOPTERS INC FREIGHT - P/W 38599 08/30/2024 627.78 MCDONALD, AUDRA RETIREE INS - 09/2024 38600 08/30/2024 4,270.66 MCMASTER-CARR SUPPLIES - P/W
38601 08/30/2024 177.11 MED-TECH RESOURCE, INC. SUPPLIES - FIRE 38602 08/30/2024 748.73 MELLO, ELOISE K. REPLACE PAYCHECK 86220 38603 08/30/2024 109.29 NAPA AUTO PARTS SUPPLIES - GARAGE 38604 08/30/2024 18,062.00 POLYDYNE, INC. SUPPLIES - WWTP 38605 08/30/2024 12,764.37 RECYCLE AWAY, LLC SUPPLIES - SOLID WASTE 38606 08/30/2024 355.16 RICOH USA, INC. COPIER LEASE - PLAN 38606 8/30/2024 39.46 RICOH USA, INC. COPIER LEASE - REC 38607 08/30/2024 2,659.00 SEALMASTER SUPPLIES - STREETS 38608 08/30/2024 9,357.91 SIRIA'S CLEANING SERVICE 2ND HALF 08/2024 38609 08/30/2024 STANDARD INSURANCE COMPANY VOID: MULTI STUB CHECK 38610 08/30/2024 2,411.78 STANDARD INSURANCE COMPANY LIFE INS. AUG & SEPT 2024 38611 08/30/2023 898.05 ULINE, INC. SUPPLIES - HARBOR
38611 08/30/2024 980.56 ULINE, INC. SUPPLIES - P/W
38612 08/30/2024 CORPORATE PAYMENT SYSTEMS VOID: MULTI STUB CHECK 38613 08/30/2024 : CORPORATE PAYMENT SYSTEMS VOID: MULTI STUB CHECK 38614 08/30/2024 26,772.76 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL: MULTI STUB CHECK 38615 08/30/2024 18,750.00 VEGA, EDMUNDO
38616 08/30/2024 2,225.28 VERIZON WIRELESS COMMUNICATIONS - ALL 38617 08/30/2024 111,747.70 VITA POWER US, INC.
38618 08/30/2024 6,883.63 WESTRIDGE ENVIRONMENTAL GROUP 38619 08/30/2024 7.16 WITMER PUBLIC SAFETY GROUP, INC.
CITY OF AVALON
WARRANT DISBURSEMENTS
September 17, 2024
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
38620 08/30/2024 15,280.00 CALIFORNIA COASTAL COMMISSION PERMIT FEE - DINGHY DOCK 38621 08/30/2024 15,280.00 CALIFORNIA COASTAL COMMISSION PERMIT FEE - SOUTH BEACH 38622 08/30/2024 75.00 OFFICE OF PLANNING & RESEARCH NOTICE OF EXEMPTION $ 569,906.78
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID August 30, 2024
September 17, 2024
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT GREENLAW 8/13/2024 $ 174.87 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: CRESCENT HILLSIDE PUBLIC WORKS CAMPBELL 7/22/2024 $ 520.00 LINKEDIN JOB ADVERTISING: IT MANAGER ADMINISTRATION CAMPBELL 8/2/2024 S 346.30 LINKEDIN JOB ADVERTISING: IT MANAGER ADMINISTRATION CAMPBELL 8/5/2024 $ 441.73 AMAZON SUPPLIES:ADMIN ADMINISTRATION CAMPBELL 8/12/2024 $ 14.99 CANVA SUBSCRIPTION: IT ADMINISTRATION .HERNANDEZ 7/17/2024 $ 295.30 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - FLOAT MAINTENANCE HARBOR MAINTENANCE P.HERNANDEZ 7/18/2024 $ 34.78 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 7/18/2024 $ 52.67 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 7/18/2024 $ 104.43 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 7/19/2024 $ 4.59 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 7/22/2024 $ 10.08 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 7/22/2024 $ 43.99 CHETS HARDWARE SUPPLIES - SMALL TOOLS HARBOR MAINTENANCE P.HERNANDEZ 7/22/2024 $ 58.22 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 7/22/2024 $ 10.73 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 7/22/2024 $ 14.19 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 7/22/2024 $ 284.33 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 7/22/2024 $ 107.22 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 7/22/2024 $ 5.05 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 7/24/2024 $ 14.25 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 7/24/2024 $ 78.17 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 7/31/2024 57.57 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 8/7/2024 $ 35.18 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE .HERNANDEZ 8/7/2024 $ 46.17 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 8/8/2024 75.33 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 8/8/2024 21.45 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 8/12/2024 83.58 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 8/12/2024 $ 18.69 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 8/13/2024 $ 185.56 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 8/14/2024 332.56 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 8/15/2024 21.91 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - FLOAT MAINTENANCE HARBOR MAINTENANCE RUBIO 7/19/2024 $ 81.38 CHETS HARDWARE SUPPLIES - VEHICLE MAINTENANCE GARAGE RUBIO 7/26/2024 $ 17.91 CHETS HARDWARE SUPPLIES - VEHICLE MAINTENANCE GARAGE RUBIO 7/26/2024 $ 2.02 CHETS HARDWARE SUPPLIES - VEHICLE MAINTENANCE GARAGE RUBIO 7/26/2024 $ 48.09 CHETS HARDWARE SUPPLIES - VEHICLE MAINTENANCE GARAGE RUBIO 7/26/2024 $ 29.05 CHETS HARDWARE SUPPLIES - VEHICLE MAINTENANCE GARAGE RUBIO 7/29/2024 $ 31.89 CHETS HARDWARE SUPPLIES - VEHICLE MAINTENANCE GARAGE RUBIO 7/29/2024 $ 599.52 TRUEWERK UNIFORMS-GARAGE GARAGE RUBIO 8/5/2024 $ 109.96 CHETS HARDWARE SUPPLIES - VEHICLE MAINTENANCE GARAGE RUBIO 8/7/2024 $ 23.08 CHETS HARDWARE SUPPLIES - VEHICLE MAINTENANCE GARAGE BAKER 7/23/2024 $ 18.80 USPS POSTAGE FINANCE
BAKER 8/5/2024 $ 384.70 ZOOM OPERATION COSTS - IT FINANCE BAKER 8/5/2024 $ 112.35 PAYPAL REQUEST FOR ARCHIVED DATA FINANCE M. J. ALEGRIA 7/23/2024 $ 1,153.36 SHELTA INC UNIFORMS - FIRE FIRE M. J. ALEGRIA 8/5/2024 $ 207.16 REDONDO BEACH HOTEL LODGING - ALEGRIA FIRE M. J. ALEGRIA 8/5/2024 $ 207.16 REDONDO BEACH HOTEL LODGING - MEFFERT FIRE M. J. ALEGRIA 8/5/2024 $ 231.16 REDONDO BEACH HOTEL LODGING - CISNEROS FIRE M. J. ALEGRIA 8/5/2024 $ 231.16 REDONDO BEACH HOTEL LODGING - MAISTROS FIRE M. J. ALEGRIA 8/6/2024 $ 155.62 ALL THE KINGS FLAGS, INC SUPPLIES-MAINTENANCE OF PREMISES FIRE M. J. ALEGRIA 8/14/2024 $ 504.95 THE HOME DEPOT SUPPLIES - BATTERIES FIRE MAISTROS 7/30/2024 $ 1,582.30 AMAZON SUPPLIES - IT ADMINISTRATION MAISTROS 8/7/2024 $ 27.76 VONS SUPPLIES - ADMIN ADMINISTRATION MAISTROS 8/9/2024 $ 3,200.00 CALIFORNIA CONTRACT CITIES MEMBERSHIP - ADMIN ADMINISTRATION DEVIN HART 8/2/2024 $ 82.96 CYBERLINK NETWORK OPERATION COSTS - IT ADMINISTRATION DEVIN HART 8/2/2024 $ 35.00 SINCH MAILGUN OPERATION COSTS - IT ADMINISTRATION SCHMIDT 7/19/2024 $ 415.56 GO 2 MARINE SUPPLIES - MAINTENANCE OF PREMISES HARBOR SCHMIDT 7/22/2024 $ 80.56 IMPRINT NOW SUPPLIES - MAINTENANCE OF PREMISES HARBOR SCHMIDT 7/31/2024 $ 7.69 LEO'S CATALINA DRUG STORE SUPPLIES - MAINTENANCE OF PREMISES HARBOR SCHMIDT 8/1/2024 $ 14.71 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR SCHMIDT 8/2/2024 $ 174.23 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR SCHMIOT 8/2/2024 $ 8.79 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR SCHMIDT 8/7/2024 $ 101.58 UNITED STATES FLAG SUPPLIES - MAINTENANCE OF PREMISES HARBOR SCHMIDT 8/8/2024 $ 16.49 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR SCHMIDT 8/8/2024 $ 85.20 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR SCHMIDT 8/13/2024 $ 65.98 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR SCHMIDT 8/13/2024 $ 184.80 5.11 INC UNIFORMS - HARBOR HARBOR SCHMIDT 8/15/2024 $ 60.45 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR SCHMIDT 8/15/2024 $ 79.79 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR SCHMIDT 8/15/2024 $ 12.99 CANVA SUBSCRIPTION: IT HARBOR MEFFERT 8/13/2024 $ 17.59 AMAZON SUPPLIES - VEHICLES FIRE GILBERT 7/19/2024 $ 13.67 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PLANNING & BUILDING
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID August 30, 2024
September 17, 2024
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT GILBERT 7/19/2024 $ 28.53 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - MAINTENANCE OF PREMISES PLANNING & BUILDING GILBERT 7/22/2024 $ 25.39 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PLANNING & BUILDING GILBERT 7/22/2024 $ 26.94 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PLANNING & BUILDING GILBERT 7/22/2024 $ 20.00 PROPERTYRECS.COM UBSCRIPTION: I PLANNING & BUILDING GILBERT 7/29/2024 $ 41.78 CHETS HARDWARE TOOLS - MOLE LIGHT: PLANNING & BUILDING GILBERT 8/7/2024 $ 54.98 CHETS HARDWARE CITY HALL IMPROVEMENTS PLANNING & BUILDING GILBERT 8/9/2024 $ 358.29 HP.COM OFFICE SUPPLIES - PHOTO PAPER LANNING & BUILDING GILBERT 8/12/2024 $ 103.49 NATIONAL FIRE PROTECTION ASS. SUBSCRIPTION: TRAINING LANNING & BUILDIN CISNEROS 7/29/2024 $ (42.75) CATALINA EXPRESS CREDIT FIRE CISNEROS 7/29/2024 $ 295.50 CATALINA EXPRESS TRAVEL FIRE CISNEROS 7/29/2024 $ 47.00 CATALINA EXPRESS TRAVEL FIRE CISNEROS 7/29/2024 $ 42.75 CATALINA EXPRESS TRAVEL FIRE CISNEROS 7/29/2024 $ 61.72 VONS SUPPLIES - FIRE FIRE
CISNEROS 8/1/2024 $ (40.75) CATALINA EXPRESS CREDIT FIRE CISNEROS 8/1/2024 $ (42.75) CATALINA EXPRESS TRAVEL FIRE JEFF H. 7/17/2024 $ 6.59 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS JEFF H. 7/17/2024 $ 1.86 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS JEFF H. 7/19/2024 $ 53.32. CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS JEFF H. 7/19/2024 $ 9.01 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS JEFF H. 7/19/2024 $ 14.83 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS JEFF H. 7/24/2024 $ 23.69 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS JEFF H. 7/24/2024 21.77 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS JEFF H. 7/26/2024 8.80 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS JEFF H. 7/29/2024 48.36 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS JEFF H. 7/29/2024 55.72 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS JEFF H. 7/31/2024 $ 63.73 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS JEFF H. 7/31/2024 $ 15.94 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS JEFF H. 8/1/2024 $ 105.50 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS JEFF H. 8/2/2024 $ 70.31 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS JEFF H. 8/6/2024 $ 66.79 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - STREET PAINTING PUBLIC WORKS JEFF H. 8/7/2024 $ 19.22 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS JEFF H. 8/9/2024 $ 57.10 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS JEFF H. 8/12/2024 $ 72.52 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS JEFF H. 8/12/2024 $ 94.49 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS JEFF H. 8/12/2024 $ 32.08 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS JEFF H. 8/14/2024 $ 25.27 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS GONZALES 7/26/2024 $ 30.45 USPS POSTAGE ADMINISTRATION
GONZALES 8/13/2024 $ 37.08 LLOYDS OF AVALON TAFFY - CONGRESSMAN GARCIA'S TEAM ADMINISTRATION CARSTARPHEN 7/22/2024 $ 168.29 VEVOR TOOLS - DOCK LIGHTS HARBOR CARSTARPHEN 7/29/2024 $ 3.99 WEATHERFLOW SUBSCRIPTION - IT HARBOR CARSTARPHEN 8/2/2024 $ 13.74 CHETS HARDWARE SMALL TOOLS HARBOR CARSTARPHEN 8/5/2024 $ 59.80 WEST MARINE PERSONAL PROTECTIVE EQUIPMENT HARBOR CARSTARPHEN 8/5/2024 $ 672.55 DATATEL COMMUNICATIONS BANK AND CREDIT CARD FEES HARBOR CARSTARPHEN 8/6/2024 $ 1,740.00 CHARLES E THOMAS FUEL DOCK TESTING HARBOR CARSTARPHEN 8/9/2024 $ 9.33 CHETS HARDWARE SMALL TOOLS HARBOR CARSTARPHEN 8/9/2024 240.45 EBAY OFFICE SUPPLIES HARBOR CARSTARPHEN 8/12/2024 19.00 SENDHUB SMS SUBSCRIPTION COMMUNICATIONS HARBOR HMIELAK 7/29/2024 $ 13.40 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS HMIELAK 7/29/2024 $ 1.76 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS HMIELAK 8/1/2024 $ 44.69 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - FRONT STREET PLANTER PUBLIC WORKS HMIELAK 8/5/2024 5.27 CHETS HARDWARE PUBLIC WORKS
HMIELAK 8/5/2024 $ 730.98 PEBBLY BEACH BUILDING SUPPLY SUPPLES MAINTENANCE OF PREMISES PUBLIC WORKS HMIELAK 8/6/2024 $ 1,599.40 TOTAL PLASTICS INTERNATIONAL SUPPLIES - HARBOR MAINTENANCE PUBLIC WORKS HMIELAK 8/7/2024 60.45 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES PUBLIC WORKS HMIELAK 8/8/2024 $ 138.85 CHETS HARDWARE SUPPLIES - CEMETERY MAINTENANCE PUBLIC WORKS HMIELAK 8/12/2024 $ 279.09 FASTENERS PLUS SUPPLIES - HARBOR MAINTENANCE PUBLIC WORKS HMIELAK 8/13/2024 $ 434.70 SONLIGHT AUTO SERVICE - VEHICLE MAINTENANCE PUBLIC WORKS HMIELAK 8/14/2024 $ 181.50 FRY SPECIALTY COMPANY SUPPLIES - CASINO WAY RESTROOM PUBLIC WORKS HMIELAK 8/15/2024 $ (1,642.45) INCSTORES LLC CHAMBER CARPETING PUBLIC WORKS DAVID HART 7/18/2024 $ 385.00 SWANK MOTION PICTURES MOVIE: SUMMER PROGRAMS RECREATION DAVID HART 7/19/2024 $ 19.96 VONS SUPPLIES RECREATION
DAVID HART 7/19/2024 $ 12.00 JOES RENT-A-8OAT SUPPLIES - SUMMER PROGRAMS RECREATION DAVID HART 7/19/2024 $ 25.00 JOES RENT-A-BOAT SUPPLIES - SUMMER PROGRAMS RECREATION DAVID HART 7/25/2024 $ 385.00 SWANK MOTION PICTURES MOVIE: SUMMER PROGRAMS RECREATION DAVID HART 7/29/2024 $ 24.09 CHETS HARDWARE SUPPLIES RECREATION DAVID HART 7/29/2024 $ 8.02 VONS SUPPLIES - DAYCAMP RECREATION DAVID HART 7/29/2024 $ 10.99 VONS SUPPLIES RECREATION
DAVID HART 7/29/2024 $ 5.27 VONS SUPPLIES - DAYCAMP RECREATION DAVID HART 7/29/2024 $ 51.86 VONS SUPPLIES - DAYCAMP RECREATION DAVID HART 7/31/2024 $ 385.00 SWANK MOTION PICTURES MOVIE: SUMMER PROGRAMS RECREATION DAVID HART 7/31/2024 $ 126.52 EPIC SPORTS SUPPLIES - YOUTH REC PROGRAMS RECREATION Pape 2 of 3
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID August 30, 2024
September 17, 2024
LAST NAME POST DATE AMT USD DESCRIPTION DEPARTMENT
DAVID HART 8/5/2024 $ 9.98 VONS SUPPLIES - DAYCAMP RECREATION DAVID HART 8/5/2024$ 42.98 UPS SHIPPING - QSC REPAIR RECREATION DAVID HART 8/6/2024 $ 87.12 BLT INTL E-Z UP SUPPLIES - REPAIR PARTS RECREATION DAVID HART 8/7/2024 $ 36.48 CHETS HAROWARE SUPPLIES - MAINTENANCE OF PREMISES RECREATION DAVID HART 8/7/2024 $ 10.60 USPS POSTAGE RECREATION
DAVID HART 8/8/2024 $ 92.00 CATALINA EXPRESS TRAVEL RECREATION DAVID HART 8/12/2024 $ 4.72 CHETS HARDWARE SUPPLIES - SUMMER PROGRAMS RECREATION DAVID HART 8/12/2024 $ 3.99 VONS SUPPLIES - SUMMER PROGRAMS RECREATION DAVID HART 8/14/2024 $ 385.00 SWANK MOTION PICTURES MOVIE: SUMMER PROGRAMS RECREATION DAVID HART 8/14/2024 $ 385.00 SWANK MOTION PICTURES MOVIE: SUMMER PROGRAMS RECREATION DAVID HART 8/14/2024 $ 385.00 SWANK MOTION PICTURES MOVIE: SUMMER PROGRAMS RECREATION DAVID HART 8/14/2024 $ 61.55 VISTAPRINT OFFICE SUPPLIES - STAMPS RECREATION DAVID HART 8/15/2024 $ 44.08 VONS SUPPLIES - DAYCAMP RECREATION FRANCIS 7/25/2024 $ 297.00 ISLAND THREADS AVALON UNIFORM EMBROIDERY - CODE ADMINISTRATION FRANCIS 7/26/2024 $ 22.48 TARGET SUPPLIES • CODE ADMINISTRATION FRANCIS 7/29/2024 $ 535.17 CATALINA CANYON INN AVALON LODGING - IT ADMINISTRATION FRANCIS 7/31/2024 $ 120.00 DUO SECURITY, LLC OPERATION COSTS - IT ADMINISTRATION FRANCIS 8/1/2024 $ 53.30 HOOK SECURITY OPERATION COSTS - IT ADMINISTRATION FRANCIS 8/2/2024 $ 64.41 BRIGHTON UNIFORM BELT - CODE ADMINISTRATION FRANCIS 8/8/2024 $ 1,647.14 SIR SPEEDY PRINTING CITATION BOOKLETS - CODE ADMINISTRATION FRANCIS 8/12/2024 $ 468.56 DECKERS HOKA UNIFORMS - CODE ADMINISTRATION FRANCIS 8/15/2024 $ (23.16) FOOTWEAR - DECKERS COPR CREDIT - UNIFORMS - CODE ADMINISTRATION
26.772.76 CHECK NUMBER 38612-38614
CITY OF AVALON
WARRANT DISBURSEMENTS
September 17, 2024
_ISSUED AMOUNT NAME _DESCRIPTION
NUMBERE
09/03/2024 24,083.33 AVALON SHOREBOAT SERVICE CORP CONTRACT SVCS - 09/24 09/03/2024 137,500.00 CATALINA CHAMBER OF COMMERCE TOT - 09/2024 161,583.33
CITY OF AVALON CITY COUNCIL
MEETING DATE: September 17, 2024 AGENDA ITEM: 2
ORIGINATING DEP: Fire CITY MANAGER: DAM
PREPARED BY: Aliana Gonzales, Administrative Analyst
Michael Alegria, Fire Chief
SUBJECT: 2024 Volunteer Fire Assistance Grant
RECOMMENDED ACTION(S): Adopt a resolution authorizing the City Manager to execute an agreement to enter into the Volunteer Fire Assistance Grant (VFA) with the California Department of Forestry and Fire Protection (Cal Fire) for $20,000.00.
REPORT SUMMARY: The Volunteer Fire Assistance Grant (VFA) Program is a federally funded grant program that allows California to provide local and rural fire departments with minor firefighting, training, communications and safety equipment for their volunteer firefighters. The VFA Program is not intended for major equipment (fire engines, vehicles, etc.) or Capital repairs.
The VFC Program has a 50/50 match requirement which means that the applying department must be able to meet the intended grant award, dollar for dollar. Awards for departments are set at a minimum of $500 with a maximum of $20,000. Amounts may be adjusted based on the grant funding available.
The City has applied for this grant five times since 2011 and received four awards for the replacement of turnouts and radio equipment. The most recent award was received in 2014 and helped replace outdated turn out equipment for some of Avalon Fire Department's reserve firefighters. The City filed an application in spring 2024 and we received notice of award in early September 2024.
The FY 2025 budget has allocated $25,000.00 in funds towards personal protective equipment replacement. The cost per set of structural firefighting coats and pants has doubled in price over the last decade and roughly costs about $3,800.00 per set. Accepting this award allows the department to replace aged turnouts for approximately 25% of its personnel at roughly half the cost.
GOAL ALIGNMENT: Replace out of date personal protective equipment.
FISCAL IMPACTS: $22,129.34 will be spent from this year's turnout budget of $25,000.00. The project will be funded through the General Fund, 10245-3617.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will lose $20,000 in grant funding meant to support the purchase of turnouts for the Fire Department.
FOLLOW UP ACTION: Complete the VFA grant agreement with adopted resolution. Eligibility requires that the agreement be completed and returned by December 1, 2024.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
1. Grant agreement
2. Resolution
State of California
Department of Forestry and Fire Protection (CAL FIRE)
Cooperative Fire Protection
GRANT AGREEMENT
APPLICANT:
PROJECT TITLE: Volunteer Fire Assistance
GRANT AGREEMENT: 7GF24302
PROJECT PERFORMANCE PERIOD is from date upon approval through June 30, 2025.
Jnder the terms and conditions of this Grant Agreement, the applicant agrees to complete the project as lescribed in the project description, and the State of California, acting through the Department of Forestry & Fir Protection, agrees to fund the project up to the total state grant amount indicated.
PROJECT DESCRIPTION: Cost-share funds awarded to provide assistance to rural areas in upgrading their capability to organize, train, and equip local forces for fire protection.
Total State Grant not to exceed $ $20,000.00 (or project costs, whichever is less). *The Special and General Provisions attached are made a part of and incorporated into this Grant Agreement.
STATE OF CALIFORNIA
DEPARTMENT OF FORESTRY
City of Avalon Fire Department AND FIRE PROTECTION
Applicant
By By
Signature of Authorized Representative
Title: David Scheurich
Title Staff Chief, Cooperative Fire Programs
City Manager
Date Date
CERTIFICATION OF FUNDING
GRANT AGREEMENT NUMBER PO ID SUPPLIER ID
FUND FUND NAME
0001 General Fund
PROJECT ID ACTIVITY ID AMOUNT OF ESTIMATE FUNDING
354024DG2012171 SUBGNT $ 20000
GL UNIT BUD REF ADJ. INCREASING ENCUMBRANCE
3540 CHAPTER
001 $ 0.00
PROGRAM NUMBER ENY ADJ. DECREASING ENCUMBRANCE
9999000FED 2024 $ 0.00
ACCOUNT ALT ACCOUNT UNENCUMBERED BALANCE
5340580 5340580002 $ 20000
REPORTING STRUCTURE SERVICE LOCATION
35409206 92766
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
Signature of CAL FIRE Accounting Officer Date
1 7GF24302
VOLUNTEER FIRE ASSISTANCE PROGRAM
TERMS AND CONDITIONS
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
STATE OF CALIFORNIA
Natural Resources Agency
Agreement for the Volunteer Fire Assistance Program of the Cooperative Forestry Assistance Act of 1978
City of Avalon Fire Department hereinafter called
"LOCAL AGENCY", covenants as follows:
RECITALS:
1. STATE has been approved as a passthrough agent of the United States Department of Agriculture, (USDA), Forest Service for the purpose of administering the Volunteer Fire Assistance program in California, hereinafter referred to as VFA, authorized by the Cooperative Forestry Assistant Act of 1978 (PL 95-313, 92 Stat, 365, 16 U.S.C. 2106 as amended).
2. This is a subaward under the 2024 Volunteer Fire Assistance Grant #24-DG-11052012-171 awarded to STATE by the Forest Service on August 23, 2024. The Federal Assistance Listing for the award is 10.698, Cooperative Fire Program. This subaward is funded solely with Federal funds and is subject to the Office of Management and Budget (OMB) guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400, and under certain terms and conditions to LOCAL AGENCY to assist LOCAL AGENCY to upgrade its fire protection capability.
3. LOCAL AGENCY desires to participate in said VFA and agrees to the terms and conditions specified in the Procedural Guide for Volunteer Fire Assistance Program 2024.
NOW THEREFORE, it is mutually agreed between the parties as follows:
4. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. LOCAL AGENCY may not commence performance until such approval has been obtained.
5. INCORPORATION: The Procedural Guide for Volunteer Fire Assistance Program 2024, submitted Application for Funding and associated Grant Assurances are hereby incorporated by reference as part of the Grant Agreement.
6. TIMELINESS: Time is of the essence in this Agreement.
FORFEITURE OF AWARD: LOCAL AGENCY must return this Agreement and required resolution properly signed and executed to STATE at the email address specified in paragraph 12, with a timestamp no later than December 1, 2024 or LOCAL AGENCY will forfeit the funds.
2. 7GF24302
8. GRANT AND BUDGET CONTIGENCY CLAUSE: It is mutually understood between the parties that this Agreement may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds, to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.
This Agreement is valid and enforceable only if sufficient funds are made available to the STATE by the United States Government for the State Fiscal Year 2024 for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this Agreement in any manner.
The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.
The STATE has the option to invalidate the Agreement under the 30-day cancellation clause or to amend the Agreement to reflect any reduction in funds.
9. REIMBURSEMENT: STATE will reimburse LOCAL AGENCY, from funds made available to STATE by the Federal Government, an amount not to exceed $20,000.00 on a 50/50 matching funds basis, for the performance of specific projects and/or purchase of specific items identified in Proposed Project, Application for Funding, attached hereto.
Reimbursement will be only for those projects accomplished and/or items purchased between THE LAST SIGNATORY DATE ON PAGE 1 and JUNE 30, 2025. This sum is the sole and maximum payment that STATE will make pursuant to this Agreement.
LOCAL AGENCY must bill STATE at the e-mail address specified in paragraph 12, with a timestamp no later than September 1, 2025 in order to receive the funds. The bill submitted by LOCAL AGENCY must clearly delineate the projects performed and/or ¡tens purchased. A vendor's invoice and proof of payment to vendors) must be included for items purchased.
10. LIMITATIONS: Expenditure of the funds distributed by STATE herein is subject to the same limitations as placed by the VFA, upon expenditure of United States Government Funds Pursuant to 2CFR200.313 Equipment, subject to the obligations and conditions set forth in that section; title to any equipment and supplies acquired under this Agreement vests with the LOCAL AGENCY. For any equipment items over $5,000, the federal government may retain a vested interested in accordance with paragraph 17 below.
11. MATCHING FUNDS: Any and all funds paid to LOCAL AGENCY under the terms of this Agreement, hereinafter referred to as "VFA Funds", shall be matched by LOCAL Airy on roosed rolar for a raised at men ee labor
or services shall be used or consigned in calculating the matching amount "actually spent" by LOCAL AGENCY.
LOCAL AGENCY shall not use VFA Funds as matching funds for other federal grants ncluding Department of Interior (USDI) Rural Fire Assistance grants, nor use funds fror other federal grants, including USDI Rural Fire Assistance grants, as matching funds for VFA Funds
3 7GF24302
12. ADDRESSES: The mailing addresses of the parties hereto under the terms of the Agreement are:
LOCAL AGENCY: City of Avalon Fire Department
Attention: Michael Alegria
Telephone Number(s): 310-510-0203 ext. 205
E-mail [email protected]
STATE: Department of Forestry and Fire Protectior
Grants Management Unit, Attn: VFA
Sacramento, California 94244-2460
E-MAIL: [email protected]
13. PURPOSE: Any project to be funded hereunder must be intended to specifically assist LOCAL AGENCY to organize, train, and/or equip local firefighting forces in the aforementioned rural area and community to prevent or suppress fires which threaten life, resources, and/or improvements within the area of operation of LOCAL AGENCY. Project funds are not to be used for research and development.
14. COMBINING: In the event funds are paid for two or more separate, but closely related projects, the 50/50 cost-sharing formula will be applied to the total cost of such combined projects.
15. OVERRUNS: In the event that the total cost of a furded project exceads the estimate of costs upon which this Agreement is made, LOCAL AGENCY may request additional funds to cover the Agreement share of the amount exceeded. However, there is no assurance that any such funds are, or may be, available for reimbursement. Any increase in funding will require an amendment.
16. UNDERRUNS: In the event that the total cost of a funded project is less than the estimate of costs upon which this Agreement is made, LOCAL AGENCY may request that additional eligible projects/items be approved by STATE for Agreement funding.
However, there is no assurance that any such approval will be funded. Approval of aciditional projects/items, not listed on the Proposed Project application, made by STATE, will be in writing and will require an amendment.
17. FEDERAL INTEREST IN EQUIPMENT: The Federal Government has a vested interest in ary item purchased with VFA funding in excess of $5,000 regardless of the length of this Agreement, until such time as the fair market value is less than $5,000. The VFA percentage used to purchase the equipment will be applied to the sale price and recovered or the Government during the sale. This percentage will remain the same even following depreciation. The Federal Government may not have to be reimbursed if the disposal sale amounts to a fair market value of less than $5,000. LOCAL AGENCY will notify STATE of the disposal of such items.
4 7GF24302
EQUIPMENT INVENTORY: Any single item purchased in excess of $5,000 will be assigned an VFA Property Number by the STATE. LOCAL AGENCY shall forward a copy of the purchase documents listing the item, brand, model, serial number, any LOCAL AGENCY property number assigned, and a LOCAL AGENCY contact and return address to STATE at the address specified in paragraph 12. The STATE will advise the LOCAL AGENCY Contact of the VFA Property Number assigned.
19. AUDIT: LOCAL AGENCY agrees that the STATE, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. LOCAL AGENCY agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated. LOCAL AGENCY agrees to allow the auditors) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, LOCAL AGENCY agrees to subcontract related to performance of this Agreement. (GC 8546.7, PCC 10115 et seq., CCR. Title 2. Section 1896).
20. DISPUTES: In the event of any dispute over qualifying matching expenditures of LOCAL AGENCY or audit findings, the dispute will be decided by STATE and its decision shall be final and binding.
21. MONITORING: LOCAL, AGENCY agrees to the monitoring of activities as necessary by STATE to ensure that the award is used for authorized purposes, in compliance with Mad-ral statutes, regulations, and the terms and conditions of the agreement; and that performance goals are achieved.
22. INDENDIFICATION: LOCAL AGENCY agrees to indemnify, defend, and save harmless, the STATE. its officers, agents, and employees, from any and all claims and losses, aucruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by LOCAL AGENCY in the performance of this Agreement.
23. CIVIL RICHTS: LOCAL AGENCY agrees to comply with civil rights requirements as detailed in the Complying With Civil Rights Requirements brochure (FS-850) and the And Justice for All poster (AD-475A). The poster is to be placed at all public point of contactreception areas.
24. DRUC-FRFE WORKPLACE REQUIREMENTS: LOCAL AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
Fubiish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controiled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
5 7GF24302
1) the dangers of drug abusc in the workplace;
the person's or organization's policy of maintaining a drug- free workplace;
any available counseling, rehabilitation and employee
assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
C. Every employee who works on the proposed Agreement will:
receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and LOCAL AGENCY may be ineligible for funding of any future State Agreement if the department determines that any of the following has occurred: (1) the LOCAL AGENCY has rade false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.)
25. TERM: The term of the Agreement SHALL COMMENCE ON THE LAST SIGNATORY DATE ON PAGE 1 and continue through June 30, 2025.
26. TERMINATION: This Agreement may be terminated by either party giving 30 days written notice to the other party or provisions herein amended upon mutual consent of the parties hereto.
27. AMENDMENTS: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as reguired. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
28. INDFPENDENT CONTRACTOR: LOCAL AGENCY, and the agents and employees of LOCAL AGENCY, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the STATE or the Federal Government.
INDIRECTRATE: LOCAL AGENCY may not assess an indirect rate in excess of their Federally approved Negotiated Indirect Cost Rate Agreement (NICRA), a de minimis rate if LOCAL AGENCY does not have an approved NICRA, or the VEA program cap rate of 10%, whichever is lesser. LOCAL AGENCY may also eiect not to assuss an indirect rate.
The approved indirect cost rate at the time of execution is 0%. 6 7GF24302
MEDIA: LOCAL AGENCY shall acknowledge STATE and USDA Forest Service support in any publications, audiovisuals and electronic media developed as a result of this It is encouraged to give public notice of the receipt of this award and announce progress alk accomplishments, acknowledging STATE and USDA Forest Service support. Follow direction in USDA Supplemental 2 CFR 415.2.
31. ASSIGNMENT: This Agreement is not assignable by LOCAL AGENCY either in whole or in part.
7 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON, CALIFORNIA,
AUTHORIZING THE TITLE VI COMPLIANCE PLAN
WHEREAS, the City of Avalon was awarded $20,000.00 towards a $42,129.34 project through the California Department of Forestry and Fire Protection. The grant funds will allow the City of Avalon Fire Department the ability to purchase structure fire personal protective equipment, turnouts and pants with grant funds in addition to matching City funds.
WHEREAS, Avalon Municipal law and California law allows the City Council to approve the agreement between the City of Avalon and California Department of Forestry and Fire Protection VFA Grant Agreement.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF AVALON DOES HEREBY RESOLVE AS FOLLOWS:
1. The City Council hereby finds that the City of Avalon Fire Department and California Department of Forestry and Fire Protection will implement VFA Grant Agreement in the amount of $20,000.00.
. The City Manager is authorized to implement and take all actions necessary t ffectuate the 2024 Cal Fire VFA Gran
Passed, Approved and Adopted on the 17' day of September, 2024. 1, the undersigned, hereby that the foregoing Resolution Number_ _was duly adopted by the City Council of the City of Avalon following a roll call vote:
Ayes:
Noes:
Absent:
Abstain:
Ann H. Marshall, Mayor
Gabrielle Morones, City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: September 17, 2024 AGENDA ITEM: 3
ORIGINATING DEP: Finance CITY MANAGER: DULL
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Adoption of the Cruise Ship Wharfage Fee Increase RECOMMENDED ACTION(S): Adopt an ordinance repealing and replacing chapter 10-2.402(b) of the Avalon Municipal Code, use fees for harbor cruise ship passengers, and adoption of findings under the California Environmental Quality Act.
REPORT SUMMARY: This ordinance was introduced, and all further readings waived at the September 3, 2024 regular City Council Meeting:
At the June 4, 2024 City Council Meeting, City Staff recommended increasing the cruise ship wharfage rate to $7.00 per passenger beginning July 1, 2025. City Council provided City Staff with direction to bring back an ordinance with the proposed increase to the cruise ship wharfage rate supported by a rate analysis. City Staff prepared an analysis of its operations to determine the per passenger cruise ship wharfage fee that would adequately reimburse the City's Harbor Fund on a cost-based and proportional basis. A copy of this analysis has been included as an attachment to this report.
As a result of the analysis, City Staff determined that the current cruise ship wharfage rate of $5.00 per passenger should be increased by $2.50 per passenger in order to recover cruise ship visitors' share of capital expenditures in the harbor. The proposed increase would generate an additional $900 thousand annually to fund maintenance of existing facilities and capital improvements. Based on prior discussions with cruise operators, City Staff proposes implementing the wharfage increase effective January 1, 2026 to provide operators with adequate notice in consideration for existing bookings under the current rate.
As outlined in §10-2.402(b)(6), the City of Avalon currently provides an annual marketing incentive for cruise lines deploying a second ship to Catalina for 50 or more calls per year in an amount equal to 50% of the wharfage fees collected for the second ship. No cruise line has been eligible for this incentive since 2019 and no cruise line will be eligible based on the current approved schedule of arrivals. As a result, the marketing incentive was not considered as part of the rate analysis and the incentive does not provide a proportional reimbursement of harbor operating and capital costs.
Effective January 1, 2026, City Staff is proposing to charge all cruise ships calling upon Avalon 100% of the manifest for cruise ship passengers, minus any crew, at the rate of $7.50 per passenger.
Effective thirty (30) days after the adoption of the ordinance, the City will no longer offer as a marketing incentive an amount equal to 50% of wharfage fees collected from a second ship from the same cruise line who calls upon Avalon fifty (50) calls or more a year.
City Staff further recommends conducting a review of use rates on a periodic basis to ensure the Harbor Fund is reimbursed by its users on a cost-based and proportional basis.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Avalon Municipal Code will not be amended and cruise ship wharfage will remain at $5.00 per passenger.
FOLLOW UP ACTION: Second reading of the ordinance
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: Ordinance; Cruise Ship Wharfage Rate Analysis Memorandum dated August 28, 2024
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVALON REPEALING AND REPLACING CHAPTER 10-2.402(B) OF THE AVALON MUNICIPAL CODE, USE FEES FOR
HARBOR CRUISE SHIP PASSENGERS, AND ADOPTION OF FINDINGS UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Avalon (the "City") funds a portion of the costs for operating and maintaining the harbor and harbor facilities on through use fees imposed upon passengers who disembark or return to the City through harbor facilities; and
WHEREAS, currently, the costs of operating and maintaining the harbor and harbor facilities exceed the revenues generated by these fees; and
WHEREAS, certain capital projects need to be undertaken to properly maintain these harbor facilities; and
WHEREAS, all revenues collected in the Harbor Fund, including wharfage fees, are used solely for harbor operating and capital expenditures to ensure the continued safety and enjoyment of the harbor; and WHEREAS, in March 2017, the City Council amended the Avalon Municipal Code Section 10-2.402(b) to increase wharfage fees on cruise ship passengers over a five (5) year period to five dollars ($5.00) for each passenger so landed, discharged loaded or embarked on or after July 1, 2021; and WHEREAS, in March 2017, the City Council amended the Avalon Municipal Code Section 10-
2.402(b)(6) to provide an annual marketing incentive in consideration for a cruise line deploying a second ship to Avalon for fifty (50) or more calls per year equal to fifty percent (50%) of the wharfage fees collected for the second ship, payable quarterly, in arrears; and
WHEREAS, the City desires to eliminate the marketing incentive described in Avalon Municipal Code Section 10-2.402(b)(6); and
WHEREAS, the City desires to increase the wharfage fees on cruise ship arrivals to recoup more of the costs of operating and maintaining the harbor and harbor facilities on a cost-based and proportional basis.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. Section 10-2.402, subdivision (b), is repealed and replaced to read as follows:
As used in this subsection, "cruise ship" shall mean a vessel which lists Avalon as a port-of-call and which anchors so as to permit passengers to disembark and return to the same vessel. The fee of five A-1
dollars ($5.00) for each passenger shall be levied upon one hundred percent (100%) of the manifest passengers on a cruise ship, excluding persons employed upon the vessel. Commencing on January 1, 2026, the fee shall be increased as follows:
(1) Seven dollars and fifty cents ($7.50) for each passenger shall be levied upon one hundred percent (100%) of the manifest on a cruise ship, excluding persons employed upon the vessel, on or after January 1, 2026:
Section 3. The City Council hereby finds that the fees shall be used for covering the operating expenses of the harbor, to purchase supplies, equipment, and materials for the harbor and harbor facilities, to meet the City's financial reserve needs and requirements, and to obtain funds necessary for capital projects in order to maintain services within the harbor. The City Council further finds that such fees are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the harbor and harbor facilities. Based on these findings, the City Council hereby determines that this Ordinance is exempt from the requirements of CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a).
Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Avalon hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 5. The City Council of the City of Avalon shall certify the passage and adoption of this ordinance and shall cause the same to be published and/or posted in the manner required by law.
INTRODUCED at a regular meeting of the City Council of the City of Avalon on the 3"d day of September 2024, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
A-2
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 17" day of September 2024, by the following vote.
AYES:
NAYS:
ABSENT:
ABSTAIN:
Ann H. Marshall, Mayor
Attest:
Gabrielle Morones, City Clerk
APPROVED AS TO FORM:
Scott Campbell
Best Best & Krieger, LLP
A-3
CITY OF AVALON CITY COUNCIL
MEETING DATE: September 17, 2024 AGENDA ITEM: 4
ORIGINATING DEP: Public Works CITY MANAGER: DMM
PREPARED BY: Jamie Hmielak, Maintenance Superintendent
SUBJECT: Declare Vehicles and Equipment as Surplus
RECOMMENDED ACTION(S): Adopt a resolution declaring vehicles and equipment listed in resolution as surplus property and authorize the City Manager to dispose of it in accordance with City policy.
REPORT SUMMARY: Historically, the City Council is presented with a list of items that are surplus, the Council declares it surplus, and then the declared items are either sold via Public Surplus, given to charity, or disposed of properly. Staff has compiled a list of vehicles that the City of Avalon ("City") no longer uses and is insufficient for the current needs of the Public Works Department, Community Services, Wastewater Treatment Plant, or Avalon Transit. The listed surplus vehicles below are inoperable, not able to be economically repaired, and/or are no longer safe to use.
Year / Make / Model Dept. License Plate VIN#
2008 Ford Ranger Pickup Truck Harbor Maint. 1317656 1FTYR10D98PB13708 2005 Ford F-350 Utility Truck Garage 1196683 1FDWF36P95EB40844 2006 Ford LCF Flatbed Truck Public Works 1253246 3FRLL452X6V304880 2007 Club Car Carryall 295 Itellitrak Harbor Maint. 1277194 TR0738-810802 FISCAL IMPACTS: Unknown
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will have in their possession old, unused, and inoperable vehicles & equipment that adds to the clutter at City facilities.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brow
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 surplus property, to be disposed of as indicated below:
Year / Make / Model Dept. License Plate VIN#
2008 Ford Ranger Pickup Truck Harbor Maint. 1317656 1FTYR10D98PB13708 2005 Ford F-350 Utility Truck Garage 1196683 1FDWF36P95EB40844 2006 Ford LCF Flatbed Truck Public Works 1253246 3FRLL452X6V304880 2007 Club Car Carryall 295 Itellitrak Harbor Maint. 1277194 TR0738-810802 Section 2. Staff is authorized to dispose of the listed equipment in accordance with the foregoing provisions.
PASSED, APPROVED AND ADOPTED this 17h day of September, 2024.
Ayes:
Noes:
Absent:
Abstain:
Ann H. Marshall, Mayor
ATTEST:
Gabrielle Morones, City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: September 17, 2024 AGENDA ITEM: 5
ORIGINATING DEP: Harbor CITY MANAGER: AMM
PREPARED BY: Devin Hart, Management Analyst
Kevin Schmidt, Assistant Harbormaster
SUBJECT: Harbormaster Building Roof Replacement
RECOMMENDED ACTION(S): Authorize the City Manager or his designee to negotiate and execute a contract with Rainy Day Roofing, Inc. to replace the roof of the Harbormaster Building for a not-to-exceed sum of $100,000 as budgeted in the City's Fiscal Year 2024-25 Capital Improvement Plan, Project #207014, Account #10470-6547.
REPORT SUMMARY: The roof of the Harbormaster Building, located at the ocean-end of the Green Pleasure Pier, is approximately 17 years old. High exposure to sea and weather conditions, as well as the unprecedented storm seasons over the last three years, has led to additional degradation of the roof of the Harbormaster Building. At this time there are significant leaks throughout the structure.
Utilizing the competitive, formal bid process as required in the Avalon Municipal Code Section 3-4.106, on October 3, 2023, the City Council authorized City Staff to solicit a request for proposals for a qualified firm/contractor to replace the roof of the Harbormaster Building. The RFP was released on October 6, 2023. The City did not receive any proposals by the stated deadline on October 16, 2023. On July 24, 2024, City Staff solicited a new request for proposals for this project. The bidding closed on Monday, September 9, 2024 at 11 a.m. The City received bids from Danny Letner, Inc. dba Letner Roofing Company and Rainy Day Roofing, Inc.
The RFP requested a base bid to repair/replace the building's roof, with one additive bid item to replace the gutter and downspout system as well.
Contractor Base Bid Proposal Additive Bid Item Total Project Bid Letner Roofing Company $175,000.00 $25,000.00 $200,000.00 Rainy Day Roofing, Inc. $74,325.00 $9,400.00 $83,725
Staff recommends a contract is awarded to Rainy Day Roofing, Inc.
Due to the concealed condition of areas of the roof, the RFP requested prospective bidders anticipate that approximately 50 percent of the 1,176 square roof may need new sheathing. In order to fully fund the project and in case of greater scope of sheathing needed, Staff recommend the City Council authorizes the City Manager to negotiate a contract for a not-to-exceed sum of $100,000.
This project is budgeted at $100,000 in the City's Fiscal Year 2024-25 Capital Improvement Plan, Project #207014, Account #10470-6547.
Time is of the essence to mobilize and complete this project before the winter storm season begins. The project's timeline for construction is 30 days from the notice to proceed.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not contract with a qualified firm to replace the leaking and damaged roofs at the Harbormaster Building.
FOLLOW UP ACTION: Implementation of City Council direction.
FISCAL IMPACTS: Project is budgeted at $100,000 in the Fiscal Year 2024-25 Capital Improvement Plan (#10470-6547 - CIP Project #207014).
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: RFP
CITY OF AVALON
REQUEST FOR PROPOSALS
AND
CONTRACT DOCUMENTS
HARBORMASTER BUILDING ROOF REPLACEMENT
Project No. 207014
410 Avalon Canyon Road
P.O. Box 707
Avalon, California 90704
(310) 510-0220
www.cityofavalon.com
Key Information
Submit Written Questions By: 1:00 p.m., August 19, 2024 Proposals Due: 11:00 a.m., September 9, 2024
Cost of Contract Documents: $25
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CITY OF AVALON
NOTICE INVITING PROPOSALS
HARBOR MASTER BUILDING ROOF REPAIR
Project No.: 207014
PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of Avalon ("City") in the office of the City Clerk, 410 Avalon Canyon Road, P.O. Box 707, Avalon, CA 90704 until A10 aNalon Canyon Road. 11:00 AM, Monday, September 9, 2024. Proposals received after this date will be returned to the proposers unopened. Faxed or electronically submitted proposals will not be accepted.
The City is requesting proposals from qualified firms/licensed contractor to provide all labor, materials, service and specialized skills to replace the roof of the City of Avalon Harbor Master Building. The scope is further defined in the Project Drawings and Specifications and will generally nclude the installation of new replacement roofing to existing building and demolition (as necessary) and removal of existing roof and existing roof structures as noted in drawings and related equipment. Completely remove and replace existing roofing system with a composite shingle roofing system potentially including replace gutter and downspout systems.
The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of services. The City reserves the right to reject any or all proposals determined not to be in the best interest of the City.
Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City Public Works Department upon request. It shall be mandatory upon the proposer to whom the contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations ("DIR"). No proposal will be accepted nor any contract entered into without proof of the proposer's and subcontractors' current registration with the DIR to perform public work. If awarded a contract, the proposer and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. The contract awarded pursuant to this RFP may also be subject to compliance monitoring and enforcement by the DIR.
Interested proposers may download copies of the Contract Documents by visiting the City's web site www.citvofavalon.com/rfp. Firms that anticipate submitting a proposal are required to send an email to the City contract acknowledging receipt of the Contract Documents so that the City (BB&K 2022) Harbor Master Building Roof
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can add the firm to its notification list. Please include the contact person, the name of the firm, address, phone number, and e-mail address. Addenda will be published on the City's website.
For more information, please contact:
Kevin Schmidt - Assistant Harbor Master
[email protected]
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CITY OF AVALON
REQUEST FOR PROPOSALS
HARBOR MASTER OFFICE BUIDLING ROOF REPLACEMENT
Project No. 207014
I. BACKGROUND AND INTRODUCTION
The City of Avalon ("City") is requesting proposals from qualified firms' ("Proposers") for General Contractor/Roofing Services ("Services"), which shall be provided under the general direction of the City Manager or his or her designee.
The City of Avalon proposes to repair/replace the roof on the Harbor Master Office building located at the ocean-end of the Pleasure Pier in Avalon on Catalina Island, California. The roof is a rectangular gable-style roof and approximately 1,176 square feet. It has a large clock (64" y 64") mounted in the center of the roof. The current roof is 16 years old and composed of asphalt- composite shingle system. It is anticipated that replacement of at least 50 percent of the roof sheathing will be required. There are eight mounting blocks for no-longer used antenna stays and a small antenna that will need to be removed as well.
An additional bid item to remove existing gutter and downspout system and replace with aluminum, vinyl or PVC gutter system is included in this project.
The principal contact for the City will be Kevin Schmidt, Assistant Harbor Master (310) 510-0220 ext. 301, [email protected] or a designated representative, who will coordinate the assistance to be provided by the City to the Proposer.
Il. REQUEST FOR PROPOSALS
A. Scope of Services
The Services sought under this Request for Proposals ("RFP") are set forth in more detail in Exhibit "A," attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Services in Exhibit "A" the final scope of Services negotiated between City and the successful Proposer shall be set forth in the Agreement ("Agreement") executed by and between City and the successful Proposer. A copy of the sample Agreement is attached hereto as Exhibit "B" and incorporated herein by this reference.
B. Pre-Proposal Meeting
No preproposal meeting will be held for this RFP. Contractor's interested in examining the existing conditions may contact Assistant Harbor Master Kevin Schmidt for access. Oral statements regarding this Bid at any pre-bid meeting should be considered unverified information Use of the term "firm" throughout this document shall mean individual proprietorship, partnership, Limited Liability Compan orporation or joint ventur
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C. Content and Format of Proposal
by an individual, partner, officer or officers authorized to execute legal documents on behalf of the Proposer.
Proposals shall be in the following order and shall include Bid Forms "Exhibit B", including:
Bid
2. Completed Designation of Subcontractor form.
Fully executed Noncollusion Declaration form.
Completed Iran Contracting Act Certification form.
Firm Staffing and Key Personnel
Completed Public Works Contractor DIR Registration Certification form..
Completed Contractor's Certificate Regarding Workers' Compensation form.
8. Completed Bidder Information and Experience Form.
9. Insurance: (limit: 1 page - not including supporting documentation) See the Agreement, attached hereto as Exhibit "B," for a description of the insurance requirements. 10 Litigation: (limit: 1 page) Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years.
11. Certification of Proposal: This section shall state:
"The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms anc conditions of the RFP."
12. Appendices: (limit: 3 pages)
D. No Deviations from the RFP
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted in the proposal and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the sample Agreement and, in particular, the insurance and indemnification provisions therein.
Selection Process
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The City will evaluate proposals based on the following criteria:
a. The firm has no conflict of interest with regard to any other work performed by the firm for the City.
b. Content of the proposal.
Proposer's experience and performance.
d. Team members' experience and performance.
e. Bid.
f. Reference's comments.
During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions.
3. It is the City's intent to select a Proposer to perform the Services based on the above criteria. The City reserves the right to reject all proposals, select by proposal review only or interview as needed. Certain Proposers may be selected to make a brief presentation and oral interview after which a final selection will be made. The successful Proposer will be selected on the basis of information provided in the RFP, in-person presentations, and the results of the City's research and investigation. Upon selection of a Proposer, the City will endeavor to negotiate a mutually agreeable Agreement with the selected Proposer. In the event that the City is unable to reach agreement, the City will proceed, at its sole discretion, to negotiate with the next Proposer selected by the City. The City reserves the right to contract for services in the manner that most benefits the City including awarding more than one contract if desired.
After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final recommendation to the City Council concerning the proposed Agreement.
The City Council has the final authority to approve or reject the Agreement.
F. Protests
1. Protest Procedures: Submitted proposals will be made available for review in accordance with the California Public Records Act and after a submission of a Public Records Act Request to the City Clerk's Office.
Proposers may file a protest with the City Clerk. In order for a Proposer's protest to be considered valid, the protest must:
a. Be filed in writing not later than 5:00 p.m. (local time) on the fifth business day after the City issues a Notice of Intent to Award for the subject project, based on one of the following criteria:
(i) The Proposer's disagreement with the determination or recommendation by the City regarding the Proposer's
proposal;
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(ii) Non-compliance with RFP;
(iii) Non-compliance with City policy; or
(iv) Non-compliance with state or federal law.
Clearly identify the specific irregularity or basis for the protest; Specify, in detail, the factual and legal grounds for the protest; d. Include all relevant supporting documentation with the protest at time of filing.
F10315
All protests filed with the City Clerk shall be delivered to the following address:
City Clerk
City of Avalon
410 Avalon Canyon Road
P.O. Box 707
Avalon, California 90704
Proposal Schedule
The tentative schedule is as follows:
Release/Publish RFP July 24, 2024
Last Day for Potential Vendors to Ask Questions August 19, 2024 at 1:00 p.m.
Deadline for Receipt of Proposals September 9, 2024 at 11:00 a.m.
Authorization to Negotiate Contract September 17, 2024
Notice to Proceed October 1, 2024
The above scheduled dates are tentative and City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the Services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time.
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H. Submittal Requirements
General: It is strongly recommended that the Proposer submit proposals in the format identified in this RFP to allow the City to fully evaluate and compare the proposal.
All requirements and questions in the RFP should be addressed and all requested data shall be supplied. The City reserves the right to request additional information which, in the City's opinion, is necessary to assure that the Proposer's competence, number of qualified employees, business organization and financial resources are adequate to perform according to the Agreement.
2. Preparation: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP.
Responses should emphasize the Proposer's demonstrated capability to perform the Services.
Expensive bindings and promotional materials, etc., are not necessary or desired. However, technical literature that supports the approach to providing the Services and work plan should be forwarded as part of the proposal. Emphasis should be concentrated on completeness, approach to the work and clarity of proposal.
Site Examination: Proposers may visit City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the Services; make such investigations, as it may deem necessary for performance of the work at its proposal price within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement.
Confidentiality of Proposal: Proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Proposer have completed negotiations and entered into an Agreement or City has rejected all proposals. All correspondence with the City including responses to this RFP will become the exclusive property of the City and will become public records under the California Public Records Act. The City will have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement.
If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as "Trade Secret" and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. If a request is made for information marked "Confidential", "Trade Secret" or "Proprietary" ("Proprietary Information") the City will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information. Proposer shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information.
Proposals which indiscriminately identify all or most of the proposal as exempt from (BB&K 2022) 7 Harbor Master Building Roof
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disclosure without justification may be deemed unresponsive and disqualified from further participation in this RFP.
5. Submittal Instructions.
The proposal must be received no later than 11:00 a.m. local time, on or before September 9, 2024 at the office of the:
City Clerk
City of Avalon
P.O. Box 707 / 410 Avalon Canyon Road
Avalon, California 90704
The envelope should clearly indicate "Proposal for Harbor Master Office Roof Replacement and Proposer's name and address shall appear in the upper left hand corner of the envelope. If more than one envelope is required, each envelope shall be legibly numbered below the name of the Proposer, e.g. Envelope 1 of 3, as required.
The City will not be responsible for proposals that are delinquent, lost, incorrectly marked, sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City.
Miscellaneous
1. Amendments to RFP: The City reserves the right to amend the RFP or issue to all Proposers addenda to answer questions for clarification.
2. Non-Responsive Proposals: A proposal may be considered non- responsive it conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.
3. Amendments to Proposals: Unless specifically requested by the City, no amendment, addendum or modification will be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted to City prior to the deadline stated herein for receiving proposals.
4. Costs for Preparing: The City will not compensate any Proposer for the cost of preparing any proposal, and all materials submitted with a proposal shall become the property of the City. The City will retain all proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected.
5. Cancellation of RFP: City reserves the right to cancel this RFP at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other marketing costs associated with this RFP.
6. Price Validity: Prices provided by Proposers in response to this RFP are valid for 30 days from the proposal due date. The City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete and the contract is awarded.
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No Commitment to Award: Issuance of this RFP and receipt of proposals does not commit the City to award a contract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this RFP.
Requests for Clarification All questions, requests for interpretations or clarifications, either administrative or technical must be requested in writing and directed to the City Contact, identified above. All written questions, if answered, will be answered in writing, conveyed to all interested firms, and posted on the City's website. Oral statements by any persons should be considered unverified information unless confirmed in writing. To ensure a response, questions must be received in writing by 2:00 p.m. local time on the date identified in the Key Information.
Right to Negotiate and/or Reject Proposals: City reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of City, such action shall serve its best interests and those of the tax-paying public. The Proposers are encouraged to submit their best prices in their proposals, and City intends to negotiate only with the Proposers) whose proposal most closely meets City's requirements at the lowest estimated cost. The Agreement, if any is awarded, will go to the Proposer whose proposal best meets City's requirements.
10. Non-Discrimination: The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract.
11. Prevailing Wage and Contractor Registration
Proposers shall take cognizance of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public work" and "maintenance" projects. lf applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations ("DIR"). Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City Clerk's office upon request. The successful Proposer shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Proposer to whom the Agreement is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Agreement, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No proposal will be accepted nor any contract entered into without proof of the Proposer's and subcontractors' current registration with the DIR to perform public work. If awarded a contract, the Proposer and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. Notwithstanding the foregoing, the (BB&K 2022) Harbor Master Building Roof
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contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small projeci exemption specified in Labor Code Sections 1725.5 and 1771.1. The contract awarded pursuant to this RFP may also be subject to compliance monitoring and enforcement by the DIR.
Publication Date of RFP: June 24, 2024
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EXHIBIT "A"
PROPOSED SCOPE OF SERVICES
The 16 year-old roof on the City of Avalon Harbor Department Office building, located at the ocean end of the Pleasure Pier in Avalon on Catalina Island, California, is in need of repair/replacement.
Harbormaster Building
Calabna
4 .
w/er Spot Renta
ly Beach Rd
Enc's On The Pier
Golt Cal
The roof is rectangular and approximately 55' 5" X 20' 4". It has a large clock (64"x64") mounted in the center of the roof. The current roof is made of asphalt-composite. It is anticipated that replacement of roof sheathing across at least 50 percent will be required. There are eight mounting blocks for no-longer used antenna stays that will need to be removed.
Prep Work:
Cover and protect outside perimeter of the Harbor Master building as needed from roofing activities.
- Properly secure walkways from workspaces.
Demolition Work:
Remove the existing asphalt shingle roof system at main roof and the clock.
Remove eight mounting blocks from existing roof.
Clean the underlying roof deck of all debris.
Remove and replace any rotting or otherwise inadequate roof sheathing/decking at the direction of the City Engineer. (Sheathing to be provided by the City.) Underlayment:
Install one layer of self-adhered waterproof membrane (Grace Ice & Water Shield ® or equivalent) over the entire roof deck including the clock. (BB&K 2022) Harbor Master Building Roof
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Re-Roof:
- Install new pre-painted metal noising around all outside perimeter edges to protect and conceal leading edges of plywood.
- Install a fiberglass shingle starter course along bottom perimeter eave edges and secure - Install new 30 year polymer modified asphalt shingles roof to match existing color (grey) and secure existing roof deck with 1 " hot dipped galvanized roofing nails ~ 1,200 SF. - Install new metal plumbing and vent pipe flashing at all roof penetrations to replace existing and paint to match color of new shingles.
Install new dimensional asphalt ridge cap at ridge location matching existing color.
Clean Up/Final Inspection:
Clean the roof and gutters of all roof production debris. - Secure the exposed leading edges of all new pipe and vent flashings with 1 ½" neoprene washer screws.
Install neoprene storm collars over all plumbing pipes sealing rope edges of all pipe flashings.
- Remove tarps and protective coverings.
- Inspect grounds for any loose debris generated during re-roof project.
Additional Bid Option:
Remove existing gutter and downspout system and replace with aluminum, vinyl or PVC gutter system.
Exemptions:
City Public Works staff will provide and install barricades and other barriers to designate the work zone.
- City to provide and install traffic control devices for pedestrian traffic.
City Public Works staff will provide transport of goods/supplies from Avalon Freight Line to the job site.
- City will provide replacement roof sheathing and delivery materials to the site.
City Public Works staff will remove all debris for disposal at the Pebbly Beach Landfill.
Permits and building fees will be obtained by the City Public Works Department at no cost to the contractor.
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Included below are images from the original building plans and photographs of the existing conditions.
Site
1 = 20-0*
) 3D View
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Now 100img 10 match exting dark grey
Harbor Master Building Roof INSTRUCTIONS TO PROPOSERS
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22X30° mnimum
roof acoess hatch
Exising root to
ferran
Roge
14 Rapar damaged pyrood
and re-roof area 1o match
Roof fascia, trem and
ran gutter to match
wasting hipical
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HARBOR DEPT (2ND FLOOR)
FISH MARKET (1ST FLOOR)
SEAFOOD
FISH AND CHIPS
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WEATHER STATION BASE
LIGHT ARRAY BASE
FIVE (5) OF EIGHT (8) EXISTING MOUNTING BOCKS TO BE REMOVED (BB&K 2022) 16 Harbor Master Building Roof
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EXHIBIT "B"
BID FORMS
BID
Bids will be received at 410 Avalon Canyon Road, Avalon, CA 90704 until 11 a.m. on Monday, September 9, 2024.
Harbor Master Building Roof Replacement
NAME OF BIDDER:
To the City of Avalon, with its principal place of business at 410 Avalon Canyon Road, P.O. Box 707, Avalon, CA 90704.
A. In response to the Notice Inviting Bids dated July 24, 2024 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule.
B. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 calendar days after the date set for opening of bids, or until a Contract is executed by the City and a third party, whichever is earlier.
C. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.
D. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) calendar days after date of receipt of Notice of Award, a signed Contract and the necessary performance bond, payment bond, and certificates of insurance and endorsements.
E. The following Bid Forms, which have been completed and executed by the undersigned Bidder, are incorporated by this reference and made a part of this Bid:
1. Bid Schedule
2. Completed Designation of Subcontractors form.
3. Fully executed Noncollusion Declaration form.
4. Completed Iran Contracting Act Certification form.
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5. Completed Public Works Contractor DIR Registration Certification form.
6. Completed Contractor's Certificate Regarding Workers' Compensation form.
7. Completed Bidder Information and Experience Form.
F. Bidder is an individual or corporation _ - or partnership organized under the laws of the State of
G. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the Contract is awarded to the undersigned.
1. Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California.
License number
Expiration date
License classification
1. Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California.
Member No. 1
Name
License number
Expiration date
License classification
Member No. 2
Name
License number
Expiration date
License classification
(If there are more than two members of the joint venture, attach a page for the additional member(s) with the above information.)
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The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:
Addenda No.
[SIGNATURE ON NEXT PAGE]
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I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.
BIDDER: Bidder's Business Address:
(Company Name)
By
(Signature)
(Type or print name)
(Title)
(Where signed) (City, State)
(corporate seal)
Dated: _, 20.
State of Incorporation:
Names and addresses of all partners or joint venturers:
Statement of the authority of signatory to bind Bidder:
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BID SCHEDULE
UNIT OF EST.
NO. ITEM DESCRIPTION MEASURE QTY. UNIT PRICE ITEM COST
Total Project Scope LS 1
BASE BID (BID ITEMS # 1) TOTAL $
ADDITIVE ALTERNATE #1
A1. Removal and replacement LS
1 of existing gutter and
system.
ADDITIVE ALTERNATE #1 TOTAL
BASE BID + ADDITIVE ALTERNATE TOTAL
The basis for award of contract shall be the Contractor's Base Bid only.
TOTAL BID PRICE BASED ON BID SCHEDULE
$.
Total Base Bid in Numbers
The costs for any work shown or required in the Contract Documents, but not specifically identified as a bid line item are to be included in the related bid line items and no additional compensation shall be due to Contractor for the performance of the work.
All blank spaces appearing above must be filled in. Failure to fill in any blank spaces may render the Bid non-responsive. In case of discrepancy between the Unit Price and Item Cost set forth for a unit basis item, the Unit Price shall prevail and be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a Unit Price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the Item Cost column, then the amount set forth in the Item Cost column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.
For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices. (BB&K 2022) 21 Harbor Master Building Roof
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The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the City from measured quantities of work performed based upon the Unit Price.
The undersigned agrees that this Bid Schedule constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the bid opening, or until a Contract for the work is fully executed by the City and a third party, whichever is earlier.
Upon receipt of the contract award, a complete and itemized schedule of values for progress payments will be provided by the contractor within 14 days.
If the Contract Documents specify alternate bid items, the City can choose to include any, all, or none of the alternate bid items in the Work. If the City selects any of the alternate bid items, the corresponding alternate bid prices shall be added to or deducted from Base Bid Price for the work.
The City can award/select alternate bid items at any time(s).
Name of Bidder
Signature
Name and Title
Dated
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DESIGNATION OF SUBCONTRACTORS
The subcontractor listed below will perform work or labor or render service to the successful Bidder in or about the construction of the work or improvement, or are subcontractors licensed by the State of California who will, under subcontract to the successful Bidder, specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the Contract Documents, in an amount in excess of one-half of one percent (1/2 of 1%) of the Bidder's total bid. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder's Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.
In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the California Public Contract Code, the Bidder shall set forth below:
(a) The portion of the work to be done by the subcontractor; (b) The name and the location of the place of business; (c) The California contractor license number; and
(d) The DIR public works contractor registration number.
If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself.
Portion of CSLB DIR
Work to be Name of Location of Contractor Registration
done by Subcontractor Business License No. Number
Subcontractor
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Portion of CSLB DIR
Work to be Name of Location of Contractor Registration
done by Subcontractor Business License No. Number
Subcontractor
(Attach additional sheets if necessary)
Name of Bidder
Signature
Name and Title
Dated
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BIDDER INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER
(Indicate not applicable ("N/A") where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.
1.0 Name of Bidder:
2.0 Type, if Entity:
3.0 Bidder Address:
Telephone Number
Email Address
4.0 How many years has Bidder's organization been in business as a Contractor?
5.0 How many years has Bidder's organization been in business under its present name?
5.1 Under what other or former names has Bidder's organization operated?
6.0 If Bidder's organization is a corporation, answer the following:
6.1 Date of Incorporation:
6.2 State of Incorporation:
6.3 President's Name:
6.4 Vice-President's Name(s):
6.5 Secretary's Name:
6.6 Treasurer's Name:
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7.0 If an individual or a partnership, answer the following:
7.1 Date of Organization:
7.2 Name and address of all partners (state whether general or limited partnership):
8.0 If other than a corporation or partnership, describe organization and name principals:
9.0 List other states in which Bidder's organization is legally qualified to do business.
10.0 What type of work does the Bidder normally perform with its own forces?
11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
12.0 Within the last five years, has any officer or partner of Bidder's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
13.0 List Trade References:
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14.0 List Bank References (Bank and Branch Address):
15.0 Name of Bonding Company and Name and Address of Agent:
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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B. LIST OF CURRENT PROJECTS (BACKLOG)
[Duplicate page if needed for listing additional current projects.] Project Client Reference Description of Completion Date Cost of Bidder's (agency Bidder's Work Work
name/contact
info)
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C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS
[Duplicate page if needed for listing additional completed projects.] Please include only those projects which are similar enough to demonstrate Bidder's ability to perform the required work on the Project.
Project Client Reference Description of Completion Date Cost of Bidder's (agency Bidder's Work Work
name/contact
info)
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D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:
The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.
1. List each person's job title, name and percent of time to be allocated to this project:
2. Summarize each person's specialized education:
3. List each person's years of construction experience relevant to the project:
4. Summarize such experience:
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.
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E. ADDITIONAL BIDDER'S STATEMENTS:
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:
Name of Bidder
Signature
Name and Title
Dated
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NON-COLLUSION DECLARATION
The undersigned declares:
I am the of _ the party making the
foregoing Bid.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The overhead, protit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [state].
Name of Bidder
Signature
Name and Title
Dated
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IRAN CONTRACTING ACT CERTIFICATION.
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor's status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
• The Contractor is not:
(1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or 2) s20,00al in or corn to any ten per 5 or entity identified on the cured ist of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
L The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract. • The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.
Signature:_
Printed Name:
Title:_
Firm Name:
Date:
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.
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PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.?
Name of Bidder:_
DIR Registration Number:_
DIR Registration Expiration:_
Small Project Exemption: _ Yes or - No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the project.
2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Bidder
Signature
Name and Title
Dated
If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code sections 1725.5 and 1771.1, please mark "Yes" in response to "Small Proiect Eyemption Harbor Master Building Roof Replacement -34- 00 52 13 - CONTRACT FOR CONSTRUCTION 65059 00000 400599641
CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION.
I am aware of the provisions of section 3700 of the Labor Code which require every employer to e insured against liability for workers' compensation or to undertake self-insurance ir accordance with the provisions of that code, and I will comply with such provisions befor commencing the performance of the work of this Contract.
Name of Bidder
Signature
Name and Title
Dated
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00 52 13 - CONTRACT FOR CONSTRUCTION
This Contract for Construction ("Contract"), No._ is made and entered into this _ day of _, by and between the City of Avalon, with its principal place of business at 410 Avalon Canyon Road, P.O. Box 707, Avalon, CA 90704, sometimes hereinafter called the "City" and [*** INSERT***], sometimes hereinafter called "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Harbor Master Building Roof Replacement
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor's failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 30 Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, sum of
Dollars
_). Payment shall be made as set forth in the General
Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City's actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as liquidated damages and not as a penalty or forfeiture. This Article does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due (BB&K 2022) Ex. A - 1
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Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The "Contract Documents" include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid
Bid Schedule
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Payment (Labor and Materials) Bond
Contract for Construction
Standard Specifications for Public Works Construction "Greenbook", latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised California Uniform Building Code
Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions. (BB&K 2022) Ex. A - 2
65059.00000\35036555.2
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
(BB&K 2022) Ex. A - 3
65059.00000|35036555.2
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
CITY OF AVALON [***INSERT NAME OF CONTRACTOR***]
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
By: SECRETARY OR TREASURER REQUIRED]
[INSERT NAME]
[INSERT TITLEj
By:
Its:
ATTEST:
Printed
By: Name:
[***INSERT****], City Clerk
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
APPROVED AS TO FORM:
Its:
By: Printed
Best Best & Krieger LLP
City Attorney Name:
Contractor's License Number and
Classification
DIR Registration Number
(CONTRACTOR'S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
END OF CONTRACT
(BB&K 2022) Ex. A - 4
65059.00000135036555.2
CITY OF AVALON CITY COUNCIL
MEETING DATE: September 17, 2024 AGENDA ITEM:
ORIGINATING DEP: Administration CITY MANAGER: DMKL
PREPARED BY: Jocelyn Francis, Assistant City Manager
SUBJECT: Building Services Division Request for Proposal RECOMMENDED ACTION(S): Authorize City staff to publish a request for proposal (RFP) for consultant services to provide Building Division Services, and On-Call Engineering and Construction Management Services.
REPORT SUMMARY: The City of Avalon currently employs one full-time Building Official. This position is being used more and more to complement Public Works staffing through completing electrical projects, managing small facility projects, and cross-training maintenance staff on technical tasks. After a staffing analysis of the Public Works Department, City staff will recommend to reassign this position to report to the Public Works Director to focus on projects at a future meeting date.
In addition, City staff anticipates a handful of larger private development projects (ex. new Hospital, continued Hamilton Cove development, new hotel construction, workforce housing), public development projects such as traffic improvements, landfill extension, and low income/workforce housing. Additionally, the City intends to implement short and long term rental inspection programs, and provide assistance with building code enforcement cases. By hiring a consultant to conduct building division services, plan reviews, inspections, and on-call construction management services, both private and public projects alike will receive professional expertise and timely action.
At a later date, staff will return with a budget amendment to appropriately allocate the existing position into public works and to the planning and building operating budget.
Many of the consultant costs accrued by private development projects will be passed on to project applicants pursuant to the City's fee schedule.
FISCAL IMPACTS: It is expected there will be an overall increase in the general fund operating budget. A more detailed analysis will be completed once proposals are received, and public works staffing finalized.
GOAL ALIGNMENT: Fiscal and organizational stability.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City may not meet stated deadline to revise classification structures, policies and procedures.
FOLLOW UP ACTION: Publish a Building Division Services RFP and complete the City procurement process.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
• Draft Scope of Services for RFP
EXHIBIT "A"
PROPOSED SCOPE OF SERVICES
Consultant shall provide the following Building Division staff functions:
• Building Official
• Plans Examiner
• Inspector
Civil Engineer
• Construction Manager
Consultant shall provide the following services:
1. Building Official Services
• Provide International Code Council (ICC) Certified Building Official as set forth in the California Building Code and Avalon Municipal Code, responsible for the administration of Building Division activities, and shall perform services, including those but not limited to those found in the Building Official Job Description. • Issue building permits, review plans and development specifications, inspections of construction sites and buildings, and enforcement of building codes. • Consultant will conduct any necessary or required investigations as directed by the City. Investigations will include field and office research, investigation follow- ups and preparation of notices, letters, or documents. The enforcement of codes for work requiring a permit is included.
• Issue Certificates of Use and Occupancy for building and structures. • Manage, coordinate, and oversee the building permit and plan check, building inspection and building counter services.
• Make determination on the approval and use of alternative materials and methods of construction.
• Assist other Divisions such as Code Enforcement and Planning, with the preparation of necessary documents when prosecution action is necessary to obtain compliance with codes and regulations.
• Make final interpretations concerning the application of building and safety codes. Convey specific code citations and justification supporting all interpretations.
Meet with developers, homeowners, business owners, architects, engineers, and the general public at the City or in the field, as the need dictates to resolve grievances and/or respond to questions and ensure timely project processing in compliance with codes and ordinances.
2. Public Counter/Plan Review Services
• Provide an ICC certified plans examiner/inspector to be available at the City Building Division counter from 8:00 am to 12:00 pm on Tuesdays and Thursdays, except City designated holidays.
• Review both residential and commercial plans and applications for conformance to all applicable State and City building codes; including structural, electrical, mechanical, plumbing, fire/life safety, California Energy Regulations, and accessibility laws. Coordinate with applicable City Departments and Los Angeles County agencies (health, water, environmental, air pollution, etc.). • Coordinate with City administrative staff to route plans to appropriate departments and track progress, provide applicant with plan check correction comments to achieve conformance, and issue approved permits • Respond to inquiries on the phone, in-person, and via e-mail. Schedule inspections, coordinate with staff, maintain files, and update permit system.
3. Building Inspection Services
• Provide ICC certified Inspector to inspect buildings, structures, street improvements and utility connections to ensure construction or alteration work is being done according to approved plans in accordance with the provisions of building codes, City ordinances, conditions of approval, and NPDES requirements (when applicable) with 24-hour lead time to be primarily scheduled on Tuesdays and Thursdays 1:00 pm-3:30 pm,
• Issue stop/correct work notices, or notices of violation when violations of codes and regulations occur; respond to complaints, and investigate code violations working closely with City code enforcement staff.
• Input inspection information into the City's permit tracking system, document violations, and coordinate inspection schedule with administrative support staff.
4. Public Works Inspection Services
• In coordination with Public Works Department, provide inspection services with 24-hour lead time for: Street Opening Permits, Driveway and Sidewalk Permits, Temporary Encroachment Permits, and Permanent Underground/ Aboveground Encroachment Permits.
• Perform construction inspection services for City Public Works Engineering and Capital Improvement Projects to ensure conformance to City Standards, Plans, Specifications; and Safety Regulations.
• Consult with Public Works Director and/or City Engineer for observations of non- conformance and deviation.
• Input inspection information into the City's permit tracking system and coordinate inspection schedule with administrative support staff.
5. On-Call Civil Engineering Services
• Conduct Public Works and Planning Reviews by a licensed principal engineer (P.E.) for grading, public right of way improvements, subdivision, post- construction storm-water controls for private development projects as-needed.
6. On-Call Construction Management Services
• Conduct constructability reviews, bid administration, project cost controls, project scheduling, resident engineering/construction management, investigations, claims reviews, stakeholder coordination, public outreach, and contract administration as-needed.
7. Other Services
• Assist with address change processes.
• Advise and assist City staff to maintain, amend and develop ordinances and regulations necessary to implement and enforce the latest editions of the California Building Code, including any and all related Codes, or other uniform safety codes, laws, or regulations as adopted or amended by the City deemed necessary by the City to protect the health, safety and welfare of its citizens. • Attend City Council Meetings, Planning Commission Meetings, Staff Meetings, and Code Enforcement Hearings, as needed.
• Prepare and submit monthly building activity reports to the City and notify the City of any staffing changes necessary to maintain performance standards.
At the firm's own cost, Consultant to provide safety equipment, supplies, and tools to carry out inspections and duties of the Building Division. City to provide desk space at 410 Avalon Canyon Road, desktop computer, desktop phone, access to large format printer, scanner, office supplies, and City vehicle during on-site work.
CITY OF AVALON CITY COUNCIL
MEETING DATE: September 17, 2024 AGENDA ITEM: 7
ORIGINATING DEP: Administration CITY MANAGER: AMM
PREPARED BY: Devin Hart, Management Analyst
Robert Greenlaw, CIP Director
SUBJECT: Five Corner Pedestrian Improvements Project Bid Results RECOMMENDED ACTION(S): 1) Make the affirmative finding that no bids were received by the bid deadline. 2.) Authorize the City Manager to negotiate a contract with Jordhal Construction, Inc. per Avalon Municipal Code Section 3-4.206.
REPORT SUMMARY: On November 7, 2023, the City Council authorized the solicitation of a request for bids for the construction contract for the Five Corner Intersection Enhancement and Safety Improvement Project.
Since 2018, work has proceeded on developing the construction contract documents to implement the reconstruction of the five corners intersection including the roadway segments of Tremont Avenue and Avalon Canyon Road in the near vicinity of the intersection. The project proposes to construct new permanent sidewalks, median safety islands, traffic calming (mini- roundabouts) and lighting in order to provide safer operations for all users. The total project is .25 miles in length.
Working with the City's on call engineering firm ESG engineering, including traffic engineering firm W-Trans, landscape architectural firm RRM and environmental planning firm Birdseye Planning Group, a preliminary design was developed along with environmental studies and compliance documents. Different methods were employed to receive public input including surveys, community meetings, presentations to City Council and Planning Commission and a live demonstration of the roundabout layouts. The environmental document is a Mitigated Negative Declaration under CEQA, which was certified by the Planning Commission on August 21, 2019. The project was found to require no other permits.
The project was scheduled to go to construction in 2020 with above and underground utilities being relocated in the first construction season in the fall of 2020. However, with the Covid-19 Pandemic causing logistically problems due to statewide shelter in place and also presenting uncertain financial conditions the project construction was delayed.
To expedite the project, City Staff separated the utility phase from the total scope of the project and developed a request for proposals for that specific scope of work. The RFP was circulated for a period of approximately 4 weeks; however, only one bid was submitted by the stated deadline. The submitted bid listed a total project cost that significantly exceeded the sum anticipated. City Staff made the determination it would be more efficient and cost effective to bid the project in total. To ensure that the project was fully funded, the City applied for additional funding through the Active Transportation Program. The project was successful in receiving an additional $3.8 million in construction funding.
This project is primarily funded by grants including funds from Metro Local Transportation Funds, via the Los Angeles County Metropolitan Transportation Authority (Metro), State of California's State Active Transportation Grant via the California Transportation Commission (Cal-Trans), and a local match from the City, primarily from City's SB1 annual allocation from the state.
As the City Council authorized the project to go to bid, the project's granting authorities were reviewing the plans for compliance with the terms of funding. The City received authorization to bid, and the project was released on July 3, 2024. The bidding deadline was September 10, 2024 at 11 a.m. No bids were received by the stated deadline; however, Jordhal Construction, Inc. submitted a proposal at 2:45 p.m. that date.
The bid received by Jordhal Construction, Inc. is approximately twice the sum provided by the engineer's estimate.
Per the City's Purchasing Policy - Avalon Municipal Code Section 3-4.206 (e) - "Award of Contracts. Contracts shall be awarded by the Council to the lowest responsible bidder, except as otherwise provided in this section. If no bids are received, the project may be performed by employees of the City by force account or by negotiated contract without further complying with this section..."
City Staff requests the City Council authorize the City Manager to negotiate with Jordhal Construction, Inc. to refine the project scope and expense. A final contract will be provided to the City Council for authorization.
GOAL ALIGNMENT: City Infrastructure: Roadways, ADA Improvements, Pedestrian Improvements.
FISCAL IMPACTS: Project 180003 is included in the 2024-25 budget in the Capital Improvement Program. A financial analysis will be included when the bid award is presented to City Council for approval.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Critical infrastructure will continue to be deficient and grant funds may be lost due to timely use of fund requirements.
FOLLOW UP ACTION: If authorized, bring a negotiated contract to back to the City Council at a forthcoming meeting.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: None.
CITY OF AVALON CITY COUNCIL
MEETING DATE: September 17, 2024 AGENDA ITEM: 8
ORIGINATING DEP: Administration CITY MANAGER: DMAl
PREPARED BY: Devin Hart, Management Analyst
SUBJECT: Adult Use Cannabis Feasibility Discussion
RECOMMENDED ACTION(S): Hear presentation. If consensus is reached, provide direction to Staff.
REPORT SUMMARY: A member of the City Council requested City Staff bring a report before the City Council considering expansion of the Avalon Municipal Code to include Adult-Use Cannabis. Specifically, the Councilmember requested Staff research and provide an analysis regarding a store front adult-use facility, the community's desire/interest in the facility, and projected economic and other impacts.
Legal Framework
Though the use of medical cannabis was legalized in the State of California in 1996, adult-use or recreational cannabis was prohibited until adoption of Proposition 64 on November 8, 2016.
On June 27, 2017, Governor Jerry Brown signed into law a single comprehensive legislative document that took the existing regulatory framework established for medical cannabis and incorporated non-medical cannabis regulations. This legislation is known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"). The legislation specifically preserved local jurisdictional authority to adopt and enforce local ordinances that limit or completely prohibit the establishment or operation of medical and non-medical cannabis business operations within their purview. The state licensing authority will not approve an application for a state cannabis business license if the state license will violate a local ordinance in the jurisdiction it will operate.
The Department of Cannabis Control Medicinal and Adult-Use Commercial Cannabis Regulations - California Code of Regulations Title 4 Division 19 Section §15311, "Requirements for the Transportation of Cannabis and Cannabis Products" - establishes the requirements for transporting cannabis and cannabis products between licensees or licensed premises.
Though regulation §153111 (e) expressly prohibits transportation of cannabis and cannabis products "by means of aircraft, watercraft, drone, rail, human-powered vehicle, or unstaffed vehicle," a carve out exits for Catalina within Section (p):
Notwithstanding subsection (e), transportation of cannabis and cannabis products may be conducted via waterway to licensees located on Catalina Island. The provisions of this section and other sections regarding vehicle requirements also apply to vessels used to transport cannabis and cannabis products via waterway pursuant to this section.
Cannabis is an illegal substance under the Federal Controlled Substances Act, 21 USC et. seq., ("Act") which makes it unlawful for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense cannabis. The Act does not contain any exemption for cannabis used for medical purposes. Additionally, per federal law, cannabis is listed as a Schedule 1 drug. Federal penalties for possession of cannabis include:
- First Offense - Misdemeanor with potential for up to one year of incarceration and $1,000 in fines.
- Second Offense - Misdemeanor punishable by 15 days to two years of incarceration and $2,500 in fines.
- Third and subsequent Offenses - Misdemeanor or felony punishable by 90 days to 3 years of incarceration and fines up to $2,500.
Federal penalties increase significantly for selling or attempting to sell cannabis based on the amount:
- Less than 50 kilograms - Felony punishable by up to five years in prison and a $250,000 fine
- 50 to 99 kilograms - Felony punishable by up to 20 years in prison and fines of up to $1,000,000.
- 100 to 999 kilograms - Felony punishable by five to 40 years in prison and possible fines of up to $2,000,000.
- 1000 kg and up - Felony punishable by ten years to life in prison and $4,000,000 in fines.
However, it should be noted, federal law enforcement agencies have issued guidelines allowing for state regulatory policies that include cannabis for medical purposes. Specifically, the Rohrabaher-Farr Amendment, first introduced to the U.S. House of Representatives in 2001 and adopted in an omnibus spending bill in December 2014, prohibits the U.S. Justice Department from spending any funds on actions designed to interfere with the state medical cannabis laws. To date, this provision has been included in every subsequent spending bill.
Rohrabacher-Farr Amendment states:
None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, lowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.
The Rohrabacher-Farr Amendment is vitally important for the City of Avalon's medical cannabis program as the surrounding Pacific Ocean falls within the jurisdictional authority of the United States Coast Guard (USCG ).
The City has received reports of medical cannabis delivery vessels being boarded by USCG.
As the vessel, medical cannabis and medical cannabis products have had all of the required documentation for certified medical use, no action was taken by the USCG. The Harbormaster contacted the USCG who confirmed, adult-use cannabis transportation in federal waterways is illegal.
Though, state regulation §153111 (p) does not distinguish between medical or adult-use cannabis in is regulatory carve out for Catalina Island, the Rohrabacher-Farr Amendment is specific in its guidance to restrict funding for interference with State permitted medical cannabis operations. No federal protections, exemptions or guidelines exist for adult- use/recreational cannabis. When state law and federal law conflict, federal law displaces or preempts state law. Therefore, City Staff interpret there is no viable way to transport adult-use cannabis to Catalina Island without violating federal law (transportation of a controlled substance) and/or risking the federal penalties as described within this report.
The Department of Justice has proposed a rule change to move cannabis from Schedule I to Schedule Ill controlled substance. The rule change emphasizes the currently accepted medical use of cannabis, but, again, does not address adult use. If the rule change occurs, transportation of cannabis across federal waterways will still be prohibited.
Development of Local Cannabis Regulations and Public Interest in Adult-Use Cannabis After the establishment of state-wide legislation regarding cannabis, acting in accordance with its local jurisdictional authority under MAUCRSA, the Avalon City Council began the process to develop its local ordinance. After discussions and code revisions at four City Council meetings, the current cannabis ordinance (Ordinance #1163-17, Chapter 5-20 of the AMC) was adopted on November 7, 2017.
In development of Ordinance #1163-17, the City Council worked to provide a means for public access to medical cannabis by supporting a medical cannabis business delivery process, while protecting the City's neighborhoods, residents and businesses from potential negative impacts.
Additionally, the City Council took steps to minimize the potential impact of cannabis business in Avalon by:
- Requiring any medical cannabis delivery service business to locate their brick and mortar place of business within the City's commercial or special commercial zones. - Prohibiting signage on the exterior of the brick and mortar facility identifying it as a commercial cannabis business.
- Requiring extensive odor control devices and techniques be implemented. - Requiring extensive security measures including 24 hour video surveillance, and uniformed personnel on site.
- Limiting medical cannabis delivery services permits to just one in the first year of operation.
At the request of the City Council, the City of Avalon added two advisory measures to the March 3, 2020 General Municipal Election ballot.
Measure E asked: "Should the City of Avalon expand its current commercial cannabis ordinance from medical delivery only to allow for adult-use/recreational delivery sales within the City of Avalon city limits?"
- 58.45% or 612 voters voted "No" against expansion of the ordinance to allow adult- use/recreational delivery.
- 41.55% or 435 voters voted "Yes" in favor of expansion of the ordinance to allow adult- use/recreational delivery.
Measure F asked: "Should the City of Avalon expand its current commercial cannabis ordinance to allow for a cannabis storefront location or dispensary within the City of Avalon city limits?"
65.14% or 682 voters voted "No" against expansion of the ordnance to allow a cannabis storefront.
- 34.86% or 365 voters voted "Yes" in favor of expansion of the ordinance to allow for a cannabis storefront.
Since the advisory measures, City Staff have not received any request or call from expansion of the cannabis ordinance from the public at large. Additionally, the medical cannabis delivery permit was suspended in September 2021. From that time to date City Staff have not received any inquiries, outcry or requests from the community at large for medical cannabis.
Community and Economic Impact
To accurately determine the potential economic impact of expansion of the City's cannabis ordinance, a number of factors must be determined, including:
Federal regulations regarding transport adult-use cannabis to the Island. - Type of commercial cannabis facility - storefront dispensary vs adult-use delivery.
Locations for consumption. (Currently, smoking cannabis is prohibited in public places.) This is a significant factor to determine as approximately 75% of the Island's visitors are day trippers or from a cruise ship. These visitors would be limited in their options if they wanted to consume the product while in the City.
- Geographic isolation.
- Locations for brick-and-mortar commercial cannabis facilities. With limited properties, limited pool of property owners and currently no known vacancies in the City's commercial and special commercial zones, finding an appropriate location may be difficult.
- Additional cost of enhanced enforcement and additional administrative support to manage commercial cannabis regulations as well as additional enforcement for regulation of illicit cannabis market.
- Rate of taxation. Adult-use cannabis and cannabis products are subject to sales tax. In addition, the state requires a 15% excise tax on cannabis sale gross receipts to support environmental cleanup, law enforcement and drug prevention programs. The City is able to add an additional local cannabis business tax not to exceed 15%. However, the rate of tax may be prohibitive to creating a thriving legal, commercial cannabis market. - Other visitor driven revenue areas that may be impacted by an expanded cannabis ordinance. Further, any City imposed cannabis tax would have to be approved by the voters.
Not accounting for the above-listed factors, City Staff conducted a survey of California cities to provide some framework to understand and project potential cannabis revenues for Avalon.
The City's Staff typically look to for comparison - Monterrey, Morro Bay, Solvang, Oceanside, Redondo Beach, Manhattan Beach, Del Mar - prohibit all cannabis operations in their jurisdictions. Therefore, Staff determined the cities of Santa Barbara, Napa, West Hollywood, and South Lake Tahoe, may be the best comparable cities due to their size, visitor driven economy, etc.
City of Santa Barbara
- Population: 87,533 Annual Visitors: 6.5 million
- Approximate size: 43.09 square miles
- Limit of 3 Retail Storefront Commercial Cannabis Businesses - Per Capita Cannabis Sales: $61.77
- Local Cannabis Business Tax: 6%
- Taxable Revenue - Cannabis: $21,065,247 Total Local Taxes: $1,265,714.82 - Taxable Revenue - Food Services and Drinking Places: $568,980,534 City of Napa
- Population: 78,315 Annual Visitors: 3.7 million
- Approximate size: 18.1 square miles
- Currently 9 Retail Storefront Commercial Cannabis Businesses, with no cap on number of storefronts.
- Per Capita Cannabis Sales: $54.53
- Local Cannabis Business Tax: 0%
- Taxable Revenue - Cannabis: $16,813,458.00 Total Local Taxes: $0 - Taxable Revenue - Food Services and Drinking Places: $352, 100, 181 City of West Hollywood
- Population: 34,514 Annual Visitors: 22 million
- Approximate size: 1.9 square miles
- No limit. Currently more than 70 Commercial Cannabis Businesses including adult-use, medical, consumption areas for smoking, vaping and edibles, consumption areas for edibles only, and delivery services.
- Per Capita Cannabis Sales: $183.22
- Local Cannabis Business Tax: 7.5%
Taxable Revenue - Cannabis: $25,818,717 Total Taxes: $1,936,403.78 - Taxable Revenue - Food Services and Drinking Places: $604,883,880 City of South Lake Tahoe
- I Population: 21,175 Annual Visitors: 15 million
- Approximate size: 16.6 square miles
- Limit of 3 Retail Storefront Commercial Cannabis Businesses. - Per Capita Cannabis Sales (2023): $201.47
- Local Business Tax: 6%
- Taxable Revenue: $16,684,269 Total Taxes: $1,001,056.00 - Taxable Revenue - Food Services and Drinking Places: $174,879,862 City of Avalon
- Population: 4,000 Annual Visitors: 1 million
- Approximate size: 2.9 square miles
- Commercial cannabis businesses TBD
- Taxable Revenue - Food Services and Drinking Places: $48,041,561 Revenue Analysis #1 - Food and Beverage Sales Comparison City Staff compared the taxable revenue from Adult-Use Cannabis to the taxable revenue from Food Services and Drinking Places for the selected cities to estimate the amount of taxable revenue that could be generated from Adult-Use Cannabis sales in Avalon. For calendar year 2023, businesses in the City reported $48 million in taxable sales from Food Services and Drinking Places. For the cities selected above, taxable sales from Adult-Use Cannabis ranged from 3.7 % to 9.5% of the taxable sales generated from Food Services and Drinking Places in the same city. Santa Barbara, Napa, and West Hollywood ranged from 3.7% to 4.8%; whereas South Lake Tahoe appears to be an outlier at 9.5%. This is likely due to increased sales activity resulting from its proximity to Nevada, which did not legalize Adult-Use Cannabis until January 2024. Using 5.0% as the basis of estimate-, Avalon would generate an estimated $2.4 million in taxable sales from Adult-Use Cannabis. Depending on the tax rate, Adult-Use Cannabis could generate the following revenue not accounting for the increased administrative and code enforcement costs):
Tax Rate Potential Revenue
5% $120,000
10% $240,000
15% $360,000
Revenue Analysis #2 - Per Capita Sales Comparison
Statewide, the per capita average in cannabis purchases is $158.00. In an attempt to provide an accurate estimate of the City's per capita potential, Staff took the daily average of 1 million annual visitors - 2,700 - and added it to the rounded up number of residents - 4,000. Staff rounded up again to the nearest thousand 7,000.
City Per Capita Sales | Estimated Avalon Sales
Santa Barbara $61.77 $432,390
Napa $54.53 $$381,710
West Hollywood $183.22 $1,282,540
South Lake Tahoe $201.47 $1,410,290
Statewide Average $158.00 $1,106,000
Twice Statewide Average $316.00 $2,212,000
Revenue Analysis # 3 - Annual Cannabis Sales to Achieve Tax Revenue Benchmarks:
Cannabis Sales 5% Tax Rate 10% Tax Rate 15% Tax Rate
$1,000,000.00 $50,000.00 $100,000.00 $150,000.00
$5,000,000.00 $250,000.00 $500,000.00 $750,000.00
$10,000,000.00 $500,000.00 $1,000,000.00 $1,500,000.00
$18,000,000.00 $900,000.00 $1,800,000.00 $2,700,000.00
FISCAL IMPACTS: Undetermined.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Unknown.
FOLLOW UP ACTION: Implement Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda in compliance with the Brown Act.
ATTACHMENTS:
- State list of cities participating in cannabis business. - Avalon Municipal Code - Chapter 5-20
Counties and Cities County Retail (Storefront) Retail (Delivery) Distribution Manufacturing Alameda County Allowed Allowed Allowed Allowed
Alpine County Prohibited Prohibited Prohibited Prohibited Amador County Prohibited Prohibited Prohibited Prohibited Butte County Prohibited Prohibited Prohibited Prohibited Calaveras County Allowed Prohibited Allowed Prohibited
Colusa County Prohibited Prohibited Prohibited Prohibited Contra Costa County Limited Allowed Allowed Allowed
Del Norte County Allowed Prohibited Prohibited Allowed
El Dorado County Allowed Allowed Allowed Allowed
Fresno County Prohibited Prohibited Prohibited Prohibited Glenn County Prohibited Prohibited Prohibited Prohibited Humboldt County Allowed Allowed Allowed Allowed
Imperial County Allowed Allowed Allowed Allowed
Inyo County Allowed Allowed Allowed Allowed
Kern County Prohibited Prohibited Prohibited Prohibited Kings County Prohibited Prohibited Prohibited Prohibited Lake County Allowed Prohibited Allowed Allowed
Lassen County 11133855853338 Allowed Prohibited Prohibited Prohibited Los Angeles County Prohibited Prohibited Prohibited Prohibited Madera County Prohibited Prohibited Prohibited Prohibited Marin County Prohibited Limited-Medical Only Prohibited Prohibited Mariposa County Prohibited Prohibited Prohibited Prohibited Mendocino County Allowed Allowed Allowed Allowed
Merced County Prohibited Prohibited Prohibited Prohibited Modoc County Prohibited Prohibited Prohibited Prohibited Mona County Allowed Prohibited Allowed Allowed
Monterey County Allowed Prohibited Allowed Allowed
Napa County Prohibited Prohibited Prohibited Prohibited Prohibited Nevada County Prohibited Prohibited Allowed Prohibited Limited-Medical Only Orange County Prohibited Prohibited Prohibited Prohibited Placer County Prohibited Prohibited Prohibited Prohibited Plumas County Prohibited Prohibited Prohibited Prohibited Riverside County Allowed Allowed Allowed Allowed Limited Sacramento County Prohibited Prohibited Prohibited Prohibited San Benito County Limited Allowed Allowed Allowed
San Bernardino County County Prohibited Prohibited Prohibited Prohibited San Diego County County Allowed Prohibited Allowed Allowed San Francisco County Allowed Allowed Allowed Allowed
San Joaquin County County Prohibited Allowed Allowed Allowed San Luis Obispo County County Prohibited Allowed Allowed Allowed Limited San Mateo County County Prohibited Prohibited Prohibited Prohibited Limited Santa Barbara County County Allowed Allowed Allowed Allowed Santa Clara County County Prohibited Prohibited Prohibited Prohibited Santa Cruz County County Allowed Allowed Allowed Allowed Shasta County County Prohibited Prohibited Prohibited Prohibited Sierra County County Prohibited Prohibited Prohibited Prohibited Siskiyou County County Prohibited Prohibited Prohibited Prohibited Solano County County Prohibited Prohibited Prohibited Prohibited Sonoma County County Allowed Allowed Allowed Allowed
Stanislaus County County Allowed Allowed Allowed Allowed Sutter County County Prohibited Prohibited Prohibited Prohibited Tehama County County Prohibited Prohibited Prohibited Prohibited Trinity County County Prohibited Allowed Allowed Allowed Allowed Tulare County County Limited-Medical Only Prohibited Prohibited Prohibited County Retail (Storefront) Cultivation
Tuolumne County Prohibited Prohibited
Ventura County Prohibited Limited
Yolo County Allowed Allowed
Yuba County Prohibited Prohibited
Alameda County City Allowed Limited
Alameda County City Prohibited Prohibited
Alameda County City Allowed Allowed
Dublin Alameda County City Prohibited Prohibited
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City of Avalon, CA
Friday, September 13. 2024
Chapter 5-20. Medical Cannabis Delivery Service Businesses and Other Cannabis Businesses and Activity
Prior Ordinance History: Ord. 1123-13, Ord. 1146-16
§ 5-20.010. General Provisions.
[Ord. 1163-17, eff. December 7, 2017]
(a) Purpose and Intent. It is the purpose and intent of this chapter to accommodate the needs of medically-ill persons in need of cannabis for medical purposes, as advised and recommended by their health care providers), while imposin regulations to protect the City's neighborhoods, residents, and businesses from negative impacts. It is a further purpos and intent of this chapter to regulate the cultivation, manufacturing, processing, testing, transporting, delivery, and distribution of medical cannabis and medical cannabis-related products in a manner which is responsible, which protects the health, safety, and welfare of the residents of Avalon, and to enforce rules and regulations consistent with state law.
In furtherance of these objectives, an annual permit shall be required in order to own and/or to operate a medical cannabis delivery service business within the City of Avalon. Nothing in this Chapter is intended to authorize the possession, use, or provision of medical cannabis for purposes which violate state or federal law. The provisions of this Chapter are in addition to any other permits, licenses and approvals which may be required to conduct business in the City, and are in addition to any permits, licenses and approval required under state, county, or other law. (b) Legal Authority. Pursuant to §§ 5 and 7 of Article XI of the California Constitution, and the provisions of the Medical Cannabis Regulation and Safety Act (hereinafter "MCRSA") as amended by the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), the City of Avalon is authorized to adopt ordinances that establish standards, requirements and regulations for local licenses and permits for cannabis and cannabis-related activity. Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the State of California, or any of its departments or divisions, shall be the minimum standards applicable in the City of Avalon to medical cannabis, and/or medical cannabis-related activity. (c) Compliance with Laws. It is the responsibility of the owners and operators of the medical cannabis delivery service business to ensure that it is, at all times, operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder. Nothing in this chapter shall be construed as authorizing any actions which violate federal, state law or local law with respect to the operation of a medical cannabis delivery service business. It shall be the responsibility of the owners and the operators of the medical cannabis delivery service business to ensure that the medical cannabis delivery service business is, at all times, operating in a manner compliant with all applicable federal, state and local laws, the 2008 Attorney General Guidelines, any subsequently enacted state law or regulatory, licensing, or certification requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the medical cannabis delivery service business permit. Nothing in this chapter shall be construed as authorizing any actions which violate federal or state law with regard to the operation of a medical cannabis delivery service business.
§ 5-20.020. Definitions.
[Ord. 1163-17, eff. December 7, 2017]
When used in this chapter, the following words shall have the meanings ascribed to them as set forth herein. Any reference to California statutes includes any regulations promulgated thereunder, and is deemed to include any successor or amended version of the referenced statute or regulatory provision.
CANNABIS
Means all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by § 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this Chapter, "cannabis" does not mean industrial hemp as that term is defined by § 81000 of the California Food and Agricultural Code or § 11018.5 of the California Health and Safety Code.
CANNABIS CONCENTRATE
Means manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product's potency. An edible medical cannabis product is not considered food, as defined by § 109935 of the California Health and Safety Code, or a drug, as defined by § 109925 of the California Health and Safety Code.
CAREGIVER OR PRIMARY CAREGIVER
Has the same meaning as that term is defined in § 11362.7 of the California Health and Safety Code.
CITY OR CITY OF AVALON
Means the City of Avalon, a California general law City.
COMMERCIAL
Cannabis activity includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of marijuana and marijuana products.
CULTIVATION
Means any activity, whether occurring indoors or outdoors, involving the propagation, planting, growing, harvesting, drying, curing, grading, and/or trimming of cannabis plants or any part thereof for any purpose, including medical marijuana.
CULTIVATION SITE
Means a facility where medical cannabis is cultivated, propagated, planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities.
DELIVERY
Means the commercial transfer of medical cannabis or medical cannabis products from a dispensary, up to an amount determined to be authorized by the State of California, or any of its departments or divisions, to anyone for any medical purpose. "Delivery" also includes the use by a dispensary of any technology platform owned, controlled, and/or licensed by the dispensary, or independently licensed by the State of California under the MAUCRSA (as the same may be amended from time-to-time), that enables anyone to arrange for or facilitate the commercial transfer by a licensed dispensary of medical cannabis or medical cannabis products.
DISPENSARY
Means a medical cannabis business facility where cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, medical cannabis and medical cannabis products as part of a retail sale.
DISPENSING
Means any activity involving the retail sale of medical cannabis or medical cannabis products from a dispensary via delivery.
DISTRIBUTION
Means the procurement, sale, and transport of medical cannabis or medical cannabis products between entities licensed pursuant to the MAUCRSA and any subsequent State of California legislation regarding the same.
DISTRIBUTOR
Means a person engaged in the business of purchasing medical cannabis from a licensed cultivator, or medical cannabis products from a licensed manufacturer, for sale to a licensed dispensary.
DRIED FLOWER
Means all dead medical cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.
EDIBLE CANNABIS PRODUCT
Means manufactured cannabis that is intended to be used, in whole or in part, for human consumption. An edible medical cannabis product is not considered food as defined by § 109935 of the California Health and Safety Code or a drug as defined by § 109925 of the California Health and Safety Code.
LIVE PLANTS
Means living medical cannabis flowers and plants, including seeds, sprouts, immature plants (including unrooted clones), and vegetative stage plants.
MANUFACTURED CANNABIS
Means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate or manufactured product intended for internal consumption or topical application.
MANUFACTURER
Means a person that conducts the production, preparation, propagation, or compounding of manufactured medical cannabis, as defined in this section, or medical cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis at a fixed location that packages or repackages medical cannabis or medical cannabis products or labels or relabels its container.
MANUFACTURING SITE
Means a location that produces, prepares, propagates, or compounds medical cannabis or medical cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
MARIJUANA
Means "Cannabis," as that term is defined in this chapter.
MEDICAL CANNABIS ACTIVITY
Includes cultivation, manufacture, processing, laboratory testing, transporting, delivery, distribution, or sale of medical cannabis or a medical cannabis product, within the meaning of California Business and Professions Code 19300 et
MEDICAL CANNABIS BUSINESS
Means any business or operation which engages in medical cannabis activity.
MEDICAL CANNABIS DELIVERY SERVICE BUSINESS PERMIT
Means a regulatory permit issued by the City of Avalon pursuant to this chapter to a medical cannabis delivery service business, and is required before any medical cannabis delivery service business activity may be conducted in the City.
The initial permit and annual renewal of a medical cannabis delivery service business permit is made expressly contingent upon the business' ongoing compliance with all of the requirements of this chapter, any regulations adopted by the City governing the medical cannabis delivery service activity at issue, and any other state or local laws.
MEDICAL CANNABIS, MEDICAL MARIJUANA, MEDICAL CANNABIS PRODUCT OR CANNABIS PRODUCT Means a product containing cannabis, including, but not limited to, concentrates and extractions, intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at § 11362.5 of the California Health and Safety Code (as the same may be amended from time-to-time). For purposes of this Chapter, "medical cannabis" does not include industrial hemp as defined by § 81000 of the California Food and Agricultural Code or § 11018.5 of the California Health and Safety Code.
PATIENT OR QUALIFIED PATIENT
Shall have the same definition as California Health and Safety Code § 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health and Safety Code § 11362.5. For purposes of this chapter, qualified patient shall also refer to qualified patients who have obtained an identification card from the State Department of Health Services, as that term is defined by California Health and Safety Code § 11362.7 et seq.
Means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.
PERSON WITH AN IDENTIFICATION CARD
Shall have the meaning given that term by California Health and Safety Code § 11362.7.
STATE LICENSE
Means a permit or license issued by the State of California, or one of its departments or divisions, under MAUCRSA to engage in medical cannabis activity.
TOPICAL CANNABIS
Means a product intended for external use. A topical cannabis product is not considered a drug as defined by § 109925 of the California Health and Safety Code.
TRANSPORT
Means the transfer of medical cannabis or medical cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting medical cannabis activity authorized by the MAUCRSA.
TRANSPORTER
Means a person authorized to transport medical cannabis or medical cannabis products in amounts authorized by the State of California, or by one of its departments or divisions under the MAUCRSA. § 5-20.030. Medical Cannabis Delivery Service Business Permit Required for Owner/Operator; Requirements for Medical Cannabis Delivery Service Business Employees.
[Ord. 1163-17, eff. December 7, 2017]
(a) Medical Cannabis Delivery Service Business Permit Required to Engage in Medical Cannabis Business. (1) No person may engage in any medical cannabis delivery service business unless the person (1) has a valid medical cannabis delivery service business permit from the City of Avalon and (2) is currently in compliance with all applicable state and local laws and regulations pertaining to the medical cannabis delivery service business and the medical cannabis delivery service business activities, including the duty to obtain any required state licenses. (2) If and until Health and Safety Code § 11362.775, subdivision (a), is repealed, the City intends that persons eligible to operate collectives or cooperatives under that subdivision shall be eligible to apply for a City permit to conduct medical cannabis activities, but only to the degree those activities are authorized under state law for collectives and cooperatives. If and when the Health and Safety Code § 11362.775, subdivision (a), is repealed, or as soon as collectives and cooperatives are no longer permitted under state law, any City medical cannabis delivery service business permit holder operating as a collective or cooperative who has not already obtained a state license for the medical cannabis delivery service business activities they are engaged in shall automatically forfeit his or her City medical cannabis delivery service business permit. At that point they shall no longer be authorized to engage in any medical cannabis delivery service activities in the City until they obtain both a City issued medical cannabis delivery (b) Medical Cannabis Delivery Service Business Employee Qualifications and Training; Employer Obligations to Monitor Employee Compliance.
(1) The owner or operator of a medical cannabis delivery service business shall ensure that all employees comply with all the requirements of this chapter.
(2) Medical cannabis delivery service business owners or operators shall ensure that employees are educated as to all the requirements of this chapter and applicable state law requirements for medical cannabis delivery service businesses and that they adhere to all applicable requirements. (3) Failure of the owner or operator to comply with these requirements shall be grounds for permit revocation. § 5-20.040. Medical Cannabis Businesses.
[Ord. 1163-17, eff. December 7, 2017]
(a) Medical Cannabis Delivery Service Businesses.
(1) Initial Maximum Amount of Medical Cannabis Delivery Service Business Permits. Upon the effective date of this provision, the City Council may issue a maximum of one medical cannabis delivery service business permit to one qualified medical cannabis delivery service business at any one given time. The permit shall be issued in accordance with the application and permit approval process contained in this chapter and resolutions and policies adopted pursuant to this chapter. The medical cannabis delivery service business must obtain a medical cannabis delivery service business permit from the City before commencing operations, must be in compliance with all applicable state and federal laws pertaining to its operation, including obtaining all necessary licenses from the state, and shall comply with all applicable operational and zoning requirements set forth in the Avalon Municipal Code. Nothing in this chapter creates a mandate that the City Council must issue any medical cannabis business permits to medical cannabis delivery service businesses if the City Council determines that there are no qualified applicants, the proposed locations for medical cannabis delivery service business is incompatible with neighboring land uses, or if the City Council determines that the issuance of a medical cannabis delivery service business permit would have a negative effect on the health, safety, or welfare of the citizens or businesses of Avalon, or for any other reason allowed by law.
Manager shal amera real of the cal and are area eager an e negative impacts that the medical cannabis delivery service business has had on the community during the preceding 12 months. The report shall include, among other things, an analysis of how the medical cannabis delivery service business has complied with state and local regulations, any positive or negative community and law enforcement impacts, and any revenue generated. If after hearing the report the City Council makes a determination that there are no significant consequences of allowing a medical marijuana delivery service business to operate in the City, the City Council at its sole discretion may vote to expand the number of authorized medical cannabis delivery services permits to be issued up to a maximum of two. If the City Council takes no action, or finds that the impacts are unacceptable, then the maximum number of medical cannabis delivery service businesses authorized shall continue to be limited to one as provided in subsection(a) above. (b) All Other Medical Cannabis Businesses. Until further action by the City Council to amend this chapter has been taken, medical cannabis businesses other than medical cannabis delivery services are not permitted to operate within the City. (C) Non-Medical Cannabis Businesses. Non-medical or personal cannabis businesses including cultivation, manufacturing. distribution, dispensing, testing laboratories, and transporting businesses are not permitted within the City. § 5-20.050. Application for Medical Cannabis Delivery Service Business Permit:
Renewal Applications; and Effect of Revocation or Suspension of State License.
[Ord. 1163-17, eff. December 7, 2017]
(a) Initial Application Procedure.
(1) The City Council shall adopt by resolution the procedures which will govern the application process, and the manner forms, adopt any necessary rules, regulations and processes, solicit applications, conduct initial evaluations of the splicate an last prade a recome and ultimately provide a final recommendation to the City Council regarding the applicants for consideration.
(2) At the time of filing, each applicant shall pay an application fee established by resolution of the City Council, to cover all costs incurred by the City in the application process. (3) After the initial review the City Manager or his designee will make a recommendation to the City Council, and the City Council shall make a final determination in accordance with the selection procedure set forth in the resolution adopted by the City Council.
(b) The City's Reservation of Rights. The City reserves the right to reject any or all applications. The City may also modify, postpone, or cancel any request for applications, or the entire program under this chapter, at any time without liability. obligation, or commitment to any party, firm, or organization. Persons submitting applications assume the risk that all or any part of the program, or any particular category of permit potentially authorized under this chapter, may be cancelled at any time prior to permit issuance. The City further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to any other justification provided a failure to comply with other requirements in this chapter, an application risks being rejected for any of the following reasons:
(1) Proposal received after designated time and date.
(2) Proposal not containing the required elements, exhibits, nor organized in the required format. (3) Proposal considered not fully responsive to this request for permit application. (4) Proposal contains excess or extraneous material not called for in the request for permit application. (c) Expiration of Medical Cannabis Delivery Service Business Permits. A medical cannabis delivery service business permit issued pursuant to this Chapter shall expire 12 months after the date of its issuance. Medical cannabis delivery service business permits may be renewed as provided in subsection (e) below. (d) Revocation of Permits. Medical cannabis delivery service business permits may be revoked for any violation of any standard adopted pursuant to this Chapter, law and/or any rule, regulation. (e) Renewal Applications.
(1) An application for renewal of a medical cannabis delivery service business permit shall be filed at least 60 calendar days prior to the expiration date of the current permit. (2) The renewal application shall contain all the information required for new applications. (3) The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the City to administer the program created under this chapter. (4) An application for renewal of a medical cannabis delivery service business permit shall be rejected if any of the following exists:
a. The application is filed less than 60 days before its expiration. b. The medical cannabis delivery service business permit is suspended or revoked at the time of the application.
C. The medical cannabis delivery service business has not been in regular and continuous operation in the four months prior to the renewal application.
d. The medical cannabis delivery service business has failed to conform to the requirements of this chapter, or of any regulations adopted pursuant to this chapter.
e. The permittee fails or is unable to renew its State of California license. f. If the City or state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of this chapter, of the City's Municipal Code, or of the state rules and regulations, and the City or state has determined that the violation is grounds for termination or revocation of the medical cannabis delivery service business permit.
(5) The City Manager or his designee is authorized to make all decisions concerning the issuance of a renewal permit.
In making the decision, the City Manager or his designee is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare. Appeals from the decision of the City Manager or his designee shall be handled pursuant to § 5-20.06 entitled "Appeals."
(6) If a renewal application is rejected, a person may file a new application pursuant to this Chapter no sooner than one year from the date of the rejection.
(f) Effect of State License Suspension, Revocation, or Termination. Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a medical cannabis delivery service business to operate within the City, until the State of California, or its respective department or division, reinstates or reissues the State license. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a medical cannabis delivery service business, such revocation or termination shall also revoke or terminate the ability of a medical cannabis delivery service business to operate within the City of Avalon. § 5-20.060. Appeals.
[Ord. 1163-17, eff. December 7, 2017]
(a) Appeals from Decisions of the City Manager or His Designee Under This Chapter. Unless specifically provided elsewhere to the contrary, whenever an appeal is provided for in this chapter from a decision of the City Manager or his or her designee, the appeal shall be conducted as prescribed in this section. (b) Written Request for Appeal.
(1) Within 10 calendar days after the date of a decision of the City Manager or his designee(s) to revoke, suspend or deny a permit, or to add conditions to a permit, an aggrieved party may appeal such action by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper. (2) At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the City Council as may be amended from time to time.
(c) Appeal Hearing.
(1) Upon receipt of the written appeal, the City Clerk shall set the matter for a hearing before the City Council. The City Council shall hear the matter de novo, and shall conduct the hearing pursuant to the procedures set forth by the (2) The appeal shall be held within a reasonable time after the filing the appeal, but in no event later than 90 days from the date of such filing. The City shall notify the appellant of the time and location at least 10 days prior to the date of the hearing.
(3) At the hearing, the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing. (4) At the conclusion of the hearing, the City Council may affirm, reverse or modify the decision appealed. The decision of the City Council shall be final.
§ 5-20.070. Permittee Selection Process.
[Ord. 1163-17, eff. December 7, 2017]
(a) Selection and Review of Finalists.
(1) The City Council shall adopt by resolution a procedure by which the applicants applying for a medical cannabis delivery service business permit will be presented to the City Council for a final determination at a public hearing. (2) The applicants shall be invited to attend the City Council meeting, where they will be expected to make a public presentation introducing their team and providing an overview of their proposal. In order to provide adequate time, presentations may be divided over more than one meeting over multiple days as determined to be necessary. (3) At least 10 days prior to the hearing, notice of the hearing shall be sent to all property owners located within 300 feet of the proposed business locations of each of the finalists to be considered by the City Council. (4) The City Council shall rank the applicants in order of preference based on criteria listed in the relevant resolution and shall select one candidate to be issued a medical cannabis delivery services business permit. The City Council's decision as to the selection of the candidate to receive the permit shall be final. (5) Official issuance of a medical cannabis delivery service business permit, however, is conditioned upon the prevailing candidate obtaining all required land use approvals. Following the City Council's selection, the prevailing candidate shall apply to the City's planning department to obtain any required land use approvals or entitlements for the permittee's location, if any. Land use approvals shall include compliance with all applicable provisions of the California Environmental Quality Act. The City Manager shall formally issue a medical cannabis delivery service business permit once the City Manager and Sheriff have both affirmed that all of the required land use approvals (6) If the selected permittee is unable to fulfill all the requirements of obtaining the medical cannabis delivery service business permit, the City Council, in its sole discretion, may award the permit to the next highest ranked finalist, or may begin the application process again to allow for selection of a new set of finalists. (7) Issuance of a medical cannabis delivery service business permit does not create a land use entitlement. A medical cannabis delivery service business permit shall only be for a term of 12 months, and shall expire at the end of the limited to the requirements of this chapter and of the permit, have been complied with. (8) Notwithstanding anything in this chapter to the contrary, the City Council reserves the right to reject any or all applications if it determines it would be in the best interest of the City, taking into account any health, safety and welfare impacts on the community. Applicants shall have no right to a medical cannabis delivery service business permit until a permit is actually issued, and then only for the duration of the permit's term. Each applicant assumes the risk that, at any time prior to the issuance of a permit, the City Council may terminate or delay the program created under this chapter.
(9) If an application is denied, a new application may not be filed for one year from the date of the denial. (10) A person or entity granted a medical cannabis delivery service business permit shall be required to pay the permit fee established by resolution of the City Council, to cover the costs of administering the medical cannabis delivery service business permit program created in this chapter. (b) Prohibition on Transfer of Medical Cannabis Delivery Service Business Permits. (1) No person may transfer ownership or control of a medical cannabis delivery service business or transfer any medical cannabis delivery service business permit issued under this Chapter. Medical cannabis delivery service business permits are not a property right, and permittees have no economic interest in any permit issued to them.
Permittees have no right to sell or transfer a medical cannabis delivery service business permit to another party, or to have the City Council consider whether they should authorize the transfer of a medical cannabis delivery service business permit to another party. Any attempt to transfer ownership of a medical cannabis delivery service business 42252 or of a medical cannabis delivery service business permit shall render the medical cannabis delivery service business permit void.
(2) Any attempt to transfer a medical cannabis delivery service business permit or a medical cannabis delivery service business shall result in the medical cannabis delivery service business permit being declared immediately revoked and/or it is void and no longer of any effect.
(3) In any situation where a permit has been lost as a result of an attempted transfer of the medical cannabis delivery service business permit or of the medical cannabis delivery service business, or as a result of the abandonment or revocation of the permit, any new permit shall be issued using the standard process for the issuance of permits in the first instance. No preference shall be given to any person proposed as new owner or assignee by the former permit holder. In such case, prior to accepting any new applications, the City shall post the availability of the medical cannabis delivery service business permit at issue on the City's website. The City Manager or his/her designee may take other actions to help ensure the broadest pool of applicants for the new permit. § 5-20.080. Requirements Before Permittee May Commence Operations. [Ord. 1163-17, eff. December 7, 2017]
(a) City Business License. Prior to commencing operations, a medical cannabis delivery service business shall obtain a City of Avalon business license.
(b) Building Permits and Inspection. Prior to commencing operations, a medical cannabis delivery service business shall be subject to a mandatory building inspection, and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permits), fire department approvals, Health Department approvals, and other zoning and land use permits) and approvals.
(c) Certification from Planning Director. Prior to commencing operations, a medical cannabis delivery service business must obtain a certification from the Planning Director certifying that the business is located on a site that meets all of the requirements of the City's Municipal Code.
Right to Occupy and to Use Property. As a condition precedent to the City's issuance of a medical cannabis delivery and notarized statement from the owner of the property, acknowledging that the property owner has read this Chapter and consents to the operation of the medical cannabis delivery service business on the owner's property. (e) Limitations on City's Liability. To the fullest extent permitted by law, the City of Avalon shall not assume any liability whatsoever with respect to having issued a medical cannabis delivery service business permit pursuant to this chapter or they can receive the medical cannabis delivery service business permit:
(1) They must execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant's sole cost and expense), and hold the City of Avalon, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance of the medical cannabis delivery service business permit, the City's decision to approve the operation of the medical cannabis delivery service business or activity, to process used by the City in making its decision, or the alleged violation of any federal, state or local laws by the medical cannabis delivery service business or any of its officers, employees or agents. (2) Maintain insurance at coverage limits established by § 1-6.01 of the Municipal Code and with conditions thereon determined necessary and appropriate from time to time by the City Attorney. (3) Reimburse the City of Avalon for all costs and expenses, including but not limited to attorney fees and costs and court costs, which the City of Avalon may be required to pay as a result of any legal challenge related to the City's approval of the applicant's medical cannabis delivery services business permit, or related to the City's approval of a medical cannabis delivery service activity. The City of Avalon may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed § 5-20.090. Operating Requirements for Medical Cannabis Delivery Service Businesses.
[Ord. 1163-17, eff. December 7, 2017]
(a) Compliance with Laws. It is the responsibility of the owners and operators of the medical cannabis delivery service business to ensure that it is, at all times, operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder. Nothing in this chapter shall be construed as authorizing any actions which violate state law or local law with respect to the operation of a medical cannabis delivery service business. It shall be the responsibility of the owners and the operators of the medical cannabis delivery service business to ensure that the medical cannabis delivery service business is, at all times, operating in a manner compliant with all applicable state and local laws, the 2008 Attorney General Guidelines, any subsequently enacted state law or regulatory, licensing, or certification requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the medical cannabis delivery service business permit. Nothing in this chapter shall be construed as authorizing any actions which violate state law with regard to the operation of a medical cannabis delivery service business.
(b) Fees, Charges, and Taxes.
(1) No person may commence or continue any medical cannabis delivery service activity in the City, without timely paying in full all fees, charges, and any applicable taxes required for the operation of a medical cannabis delivery service business. Fees and charges associated with the operation of a medical cannabis delivery service activity shall be established by resolution of the City Council which may be amended from time to time. (2) A medical cannabis delivery service business authorized to operate under this chapter shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state, and local law. Medical cannabis delivery service businesses shall cooperate with the City with respect to any reasonable request to audit the medical cannabis delivery service businesses' books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid during any period.
(c) Operating Requirements for All Medical Cannabis Delivery Service Businesses.
Hours of Operation. Medical cannabis delivery service businesses may conduct business between the hours of 10:00 A.M. and 10:00 P.M. Monday through Sunday.
No in person on-site sales of medical cannabis shall be-permitted. All medical cannabis sales must be conducted via delivery.
(d) Restriction on Consumption. Cannabis shall not be consumed on the premises of any medical cannabis delivery service business.
(e) No Outdoor Storage of Cannabis or Cannabis Products Is Permitted at Any Time. (f) Reporting and Tracking of Product and of Gross Sales. Each medical cannabis delivery service business shall have in place a point-of-sale tracking system to track and report on all aspects of the medical cannabis delivery service business including, but not limited to, such matters as cannabis tracking, inventory data, and gross sales (by weight and by sale).
The medical cannabis delivery service business shall ensure that such information is compatible with the City's record- keeping systems. The system must have the capability to produce historical transactional data for review by the City Manager or his/her designee.
(g) Licensed Facilities. All cannabis and cannabis products sold, or distributed in the City shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the State and local regulations. (h) Emergency Contact. Each medical cannabis delivery service business shall provide the City Manager or his/her designee(s) with the name, telephone number (mobile preferred, if available) of an owner and or manager to whom emergency notice can be provided at any hour of the day. (i) Minors. Persons under the age of 21 years of age shall not be allowed to serve as a driver for a medical cannabis delivery service business. It shall be unlawful and a violation of this Chapter for any person to employ any person at a medical cannabis delivery service business who is not 21 years of age or older. ) Odor Control. Odor control devices and techniques shall be incorporated in all medical cannabis delivery service businesses to ensure that odors from cannabis are not detectable off-site. Medical cannabis delivery service businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the medical cannabis delivery services business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the medical cannabis delivery services business. As such, a medical cannabis delivery service business must install and maintain the following equipment, or any other equipment which the City Manager or his/her designee(s) determine is a more effective method or technology:
(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally. The medical cannabis delivery services business applicant shall provide a statement from the exhaust air filtration manufacturer that the system has been designed to achieve the above standard based on the specific building size and layout.
(2) An air system that creates negative air pressure between the medical cannabis delivery service business interior and exterior, so that the odors generated inside the medical cannabis delivery service business are not detectable on the outside of the medical cannabis delivery service business. The medical cannabis delivery service business applicant shall provide a statement from the air system manufacturer that the system has been designed to achieve the above standard based on the specific building size and layout. (k) Display of Medical Cannabis Delivery Service Business Permit and City Business License. The original copy of the medical cannabis delivery service business permit issued by the City pursuant to this chapter and the City issued business license shall be posted inside the medical cannabis delivery service business in a location not readily-visible to the public.
(I) Background Check. Pursuant to California Penal Code §§ 11105(b)(11) and 13300(b)(11), which authorizes City authorities to access state and local summary criminal history information for employment, licensing, or certification purposes, and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, manager, or supervisor of the medical cannabis delivery service business must submit fingerprints and other information deemed necessary by the City Manager or his/her designee(s) for a background check by the Avalon City Sheriff's Department. Pursuant to California Penal Code §§ 11105(b)(11) and 13300(b)(11), which requires that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject of the record, no person shall be issued a permit to operate a medical cannabis delivery services business unless they have first cleared the background check, as determined by the Sheriff, as required by this section. A fee for the cost of the background investigation, which shall be the actual cost to the City of Avalon to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a medical cannabis delivery services business permit is submitted. The applicants) shall provide an initial deposit in an amount the City Manager or his/her designee(s) estimates will cover the cost of the background investigation, which shall be used and drawn upon as a retainer to cover the actual costs of such investigation. If this amount is not sufficient, the applicant shall provide additional amounts that are necessary and if the applicant is unable to provide the additional amounts necessary to complete the investigation, the investigation shall cease and shall not continue until such additional amounts are paid. Upon completion of the investigation or in the event the applicant withdraws their application, any fees paid for this process will be deemed non-refundable.
The City shall not disseminate background check results information to any unauthorized or private party.
When reviewing background check results, the Sheriff shall verify that applicants have not been convicted of any crimes listed in Business and Professions Code § 19323. Applicants found to have committed any crimes listed in Business and Professions Code § 19323 may fail the background, and may be ineligible for a City medical cannabis delivery service business permit.
(m) Loitering. The owner and/or operator of a medical cannabis business shall prohibit loitering by persons outside the facility both on the premises and within 50 feet of the premises of the business. (n) Zoning Requirements. Medical cannabis delivery service businesses must locate their brick and mortar place of business within the City's commercial or special commercial zones. (o) Permits and Other Approvals. Prior to the establishment of any medical cannabis delivery service or the operation of any such business, the person(s) intending to establish a medical cannabis delivery services business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such medical cannabis delivery service intends to establish and to operate. § 5-20.100. Additional Operating Requirements for Medical Cannabis Delivery Service Businesses.
[Ord. 1163-17, eff. December 7, 2017]
(a) Records and Recordkeeping.
(1) Each owner and operator of a medical cannabis delivery service business shall maintain accurate books and records, detailing all of the revenues and expenses of the delivery services, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a medical cannabis delivery service business permit issued pursuant to this chapter), or at any time upon reasonable request of the City, each medical cannabis delivery service business shall file a sworn statement detailing the number of sales by the medical cannabis delivery service business during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a monthly basis. The statement shall also include gross sales for each month, and all applicable taxes paid or due to be paid.
(2) Each owner and operator of a medical cannabis delivery service business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the medical cannabis delivery service business, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the medical cannabis delivery service business. The register required by this paragraph shall be provided to the City Manager or his/her designee(s) upon a reasonable request.
(3) Each medical cannabis delivery service business shall maintain a record of all persons, patients, collectives and primary caregivers served by the medical cannabis delivery service business, for a period of no less than four years. (4) Medical cannabis delivery service businesses shall maintain records of their inventory acquired, including the name and address of each supplier, the date of acquisition and the quantity acquired from each supplier, and the location of the cultivation of the supplier, and shall maintain a copy of the supplier's state license to cultivate (if required). (5) Subject to any restrictions under state or federal law, each medical cannabis delivery service business shall allow City of Avalon officials to have access to the medical cannabis delivery service business's books, records, accounts, together with any other data or documents relevant to its permitted medical cannabis delivery service activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than 24 hours after receipt of the City's request, unless otherwise stipulated by the City.
(b) Security Measures.
(1) A permitted medical cannabis delivery service business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing medical cannabis or medical cannabis products, and to deter and prevent the theft of medical cannabis or medical cannabis products at the medical cannabis delivery service business. Except as may otherwise be determined by the City Manager or his/her designee(s), these security measures shall include, but shall not be limited to, all of the following:
a. Preventing individuals from remaining on the premises of the medical cannabis delivery services business if they are not engaging in an activity directly related to the permitted operations of the medical cannabis delivery services business.
b. Establishing limited access areas accessible only to authorized medical cannabis delivery service business personnel.
c. All medical cannabis and medical cannabis products, shall be kept in a manner as to prevent diversion, theft, and loss.
d. Installing twenty-four-hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises, all interior spaces within the medical cannabis delivery service business, and all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis. The medical cannabis delivery service business shall be responsible for ensuring that the security surveillance camera's footage is remotely accessible by the City Manager or his/her designee(s), and the City's Sheriff's Department, and that it is compatible with the City's software and hardware. In addition, remote and real-time, live access to the video footage from the cameras shall be provided to the City Manager or his/her designee(s) and to the City's Sheriff's Department. Video recordings shall be maintained for a minimum of 45 days, and shall be made available to the City Manager or his desianee upon reauest. e. Installing sensors to detect entry to and exit from the premises. f. Installing panic buttons.
g. Having a professionally installed, maintained, and monitored alarm system. h. Any bars installed on the windows or the doors of the medical cannabis delivery service business shall be installed only on the interior of the building.
i. Each medical cannabis delivery service business shall have the capability to remain secure and operational during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage. j. Entrances into the medical cannabis delivery services business shall be locked at all times with entry strictly controlled.
k.
review and approval of the City Manager or his/her designee(s), with such approval not to be unreasonably withheld.
(2) A medical cannabis delivery service business shall identify a designated security representative/liaision to the City Manager, who shall be reasonably available to meet with the City Avalon or his/her designee regarding any security related measures or and operational issues.
(3) As part of the application and permitting process, a medical cannabis delivery service business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, and any currency.
(4) The medical cannabis delivery service business shall cooperate with the City whenever the City Manager or his/her designee makes a request, upon reasonable notice to the medical cannabis delivery service business, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter. (5) A medical cannabis delivery services business shall notify the Sheriff or his/her designee(s) within 24 hours after discovering any of the following:
a. Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Manager or his/her designee. b. Diversion, theft, loss, or any criminal activity involving the medical cannabis delivery service business or any agent or employee of the medical cannabis delivery service business. c. The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers, or employees or agents of the medical cannabis delivery service business. d. Any other breach of security.
(c) Restriction on Alcohol Sales and Consumption. No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on or about the premises of the medical cannabis delivery service business. (d) If a medical cannabis delivery service business permittee is operating as a collective or cooperative under Health and Safety Code § 11362.775, subdivision (a), members of the applicant authorized to possess cannabis shall sign an agreement with the medical cannabis delivery service business which states that members shall not distribute cannabis or cannabis products to non-members or in violation of the "Memorandum for all United States Attorneys," issued by the United States Department of Justice, from James M. Cole, Deputy Attorney General and any other applicable state and federal laws, regulations, or guidelines.
(e) If the medical cannabis delivery service business permittee is operating as a collective or cooperative under Health and Safety Code § 11362.775, subdivision (a), the medical cannabis delivery service business shall terminate the membership of any member violating any of the provisions of this Chapter. (f) Owners and Operators are required to verify the age and the necessary documentation of each medical cannabis delivery services business customer to ensure the customer is not under the age of 18 years, and to verify that the potential customer has a valid doctor's recommendation. (g) There shall not be a physician located in or on the grounds of any medical cannabis delivery services business at any time for the purpose of evaluating patients for the issuance of a medical cannabis prescription or card. (h) Prior to delivering medical cannabis or medical cannabis products to any person, the medical cannabis delivery service business shall obtain verification from the recommending physician that the person requesting medical cannabis or medical cannabis products is a qualified patient or primary caregiver. (i) All cannabis and products containing cannabis shall be dispensed in child-proof packaging and shall remain in such packaging until delivered and shall comply with other packaging requirements required by state law. § 5-20.110. Delivery by Medical Cannabis Delivery Service Businesses Permitted.
[Ord. 1163-17, eff. December 7, 2017]
Legally permitted medical cannabis delivery service business are authorized to make deliveries within the City subject to following requirements:
(a) The owner, operator, and delivery personnel shall comply with all applicable state law requirements. (b) Delivery services shall be provided using commercial vehicles or commercial autoettes duly permitted under § 4-4.1702 of Title 4, Chapter 4-4, Article 17 of the Avalon Municipal Code. Any commercial vehicles or commercial autoettes used by a cannabis delivery service shall comply with any applicable state or local regulations. (c) The delivery personnel must be an employee of the medical cannabis delivery services business. d) Before dispensing any products to persons requesting delivery, the delivery personnel must verify that the requestor i:
an authorized customer (either a qualified patient or a primary caregiver) by inspecting the documents required by § 5
20.100, subsection (f).
§ 5-20.120. Application of Chapter; Other Legal Duties. [Ord. 1163-17, eff. December 7, 2017]
(a) Promulgation of Regulations and Standards.
(1) In addition to any regulations adopted by the City Council, the City Manager or his/her designee is authorized to establish any additional rules, regulations, and standards governing the issuance, denial, or renewal of medical cannabis delivery service business permits, the ongoing operation of a medical cannabis delivery service business and the City's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this chapter.
(2) Regulations shall be published on the City's website. (3) Regulations promulgated by the City Manager shall become effective upon date of publication. A medical cannabis delivery service business shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations, or standards adopted by the City Manager or his designee. (b) Community Relations Requirements for Medical Cannabis Delivery Service Businesses. (1) Each medical cannabis delivery service business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the medical cannabis delivery service business can be provided. Each medical cannabis delivery service business shall also provide the above information to all businesses and residences located within 100 feet of the medical cannabis delivery service business property.
(2) During the first year of operation pursuant to this chapter, the owner, manager, and community relations representative from the medical cannabis delivery service business holding a permit issued pursuant to this chapter shall attend a quarterly meeting with the City Manager or his/her designee(s) to discuss costs, benefits, and other community issues arising as a result of implementation of this chapter. After the first year of operation, the owner, manager, and community relations representative from each medical cannabis delivery service business shall meet with the City Manager or his/her designee(s) when and as requested by the City Manager or his/her designee(s). (3) The medical cannabis delivery service businesses to which a permit is issued pursuant to this chapter shall develop and make available to youth organizations and educational institutions a public education plan that outlines the risks of youth abuse of cannabis, and that identifies resources available to youth related to drugs and drug addiction.
Fees Deemed Debt to City of Avalon. The amount of any fee, cost or charge imposed pursuant to this chapter shall be deemed a debt to the City of Avalon that is recoverable via an authorized administrative process as set forth in the Municipal Code, or in any court of competent jurisdiction. (d) Permit Holder Responsible for Violations. The person or members of a business entity to whom a medical cannabis delivery service business permit is issued pursuant to this Chapter shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City of Avalon, whether committed by the permittee or any employee or agent of the permittee, which violations occur in or about the premises of the medical cannabis delivery service business whether or not said violations occur within the permit holder's presence. (e) Inspection and Enforcement.
(1) The City Manager or his/her designee(s) are charged with enforcing the provisions of the Avalon City Municipal Code, or any provision thereof, may enter the location of a medical cannabis delivery service business at any time during the hours of operation without notice, and inspect the location of any medical cannabis delivery service business as well as any recordings and records required to be maintained pursuant to this chapter or under applicable provisions of State law.
(2) It is unlawful for any person having responsibility over the operation of a medical cannabis delivery service business, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a medical cannabis delivery service business under this chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a medical cannabis delivery service business under this chapter or under state or local law. (3) The City Manager or his/her designee(s) charged with enforcing the provisions of this Chapter may enter the location of a medical cannabis delivery service business at any time during the hours of operation and without notice (4) Concurrent Regulation with State. It is the stated intent of this chapter to regulate medical cannabis activity in the City of Avalon concurrently with the State of California. § 5-20.130. Smoking in Public Places Prohibited.
[Ord. 1163-17, eff. December 7, 2017]
Smoking of cannabis or cannabis products is prohibited in any public place. § 5-20.140. Violations and Enforcement.
[Ord. 1163-17, eff. December 7, 2017]
(a) Violations Declared a Public Nuisance. Each and every violation of the provisions of this Chapter is hereby deemed unlawful and a public nuisance.
(b) Each Violation a Separate Offense. Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Avalon Municipal Code. Additionally, as a nuisance per se, any violation of this chapter shall be subject to injunctive relief, any permit issued pursuant to this chapter being deemed null and void, disgorgement and payment to the City of any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The City of Avalon may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by the medical cannabis delivery service business or persons related to, or associated with, the medical cannabis delivery service activity. Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the City Manager, his/her designee, or the Sheriff, may take immediate action to temporarily suspend a medical cannabis delivery service business permit issued by the City, pending a hearing before the City (c) Remedies Cumulative and Not Exclusive. The remedies provided herein are not to be construed as exclusive remedies.
The City is authorized to pursue any proceedings or remedies provided by law.