AVALON CITY COUNCIL MEETING
TUESDAY, FEBRUARY 4, 2025 — 5:00 PM
410 AVALON CANYON ROAD
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-
35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the public inspection at the time the records are distributed to all, or a majority of all, members of the City Council. Such records shall be available at City Hall located at 410 Avalon Canyon Rd.
For the public’s convenience, but not participation, the meeting can be viewed:
On local cable: Catalina Broadband Solutions channel 3
Streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial Streaming on YouTube: https://www.youtube.com/CityofAvalonCA
CALL TO ORDER I PLEDGE OF ALLEGIANCE I INVOCATION I ROLL CALL
ANNOUNCEMENTS I WRITTEN COMMUNICATIONS
PRESENTATION
1. Finance Director, Matthew Baker, will provide a midyear review of the City’s Fiscal Year 2024-25 Budget.
DEPARTMENT HEAD REPORTS
CITY MANAGER REPORT I CITY ATTORNEY REPORT
COUNCILMEMBER REPORTSIREQUESTS I MAYOR REPORT
ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on nonagenda items at this meeting. Speakers should limit comments to two (2) minutes each.
CONSENT CALENDAR
1. City Council Minutes
Although the live recording is the official record of public meetings, minutes are prepared for the Council’s approval.
Recommended Action
Approve minutes from the January 21, 2025 regular City Council Meetings.
2. Warrants
Expenditures Submitted for Approval
. US Bank General Account Warrants totaling $3,042,361.43.
CITY COUNCIL AGENDA
FEBRUARY 4, 2025
PAGE 2
• US Bank Housing Authority Warrants totaling $178,614.30. • Three payrolls totaling $780,066.77.
• Five electronic fund transfers totaling $248,140.04.
Recommended Action
Approve total expenditures for December 14, 2024 through January 24, 2025 totaling $4,249,182.54.
3. Fiscal Year 2024-2025 Second Quarter Treasurer’s Report State and Municipal Codes require the Treasurer to submit within 30 days following each fiscal quarter a report summarizing the City’s cash and investment balances.
Recommended Action
Adopt the resolution accepting the FY24-25 Second Quarter Treasurer’s Report.
4. City Manager Employment Agreement
On November 16, 2021, the City Council appointed David Maistros as City Manager to the City of Avalon for a three-year term. The contract was executed on December 16, 2021 for a three-year term beginning on February 1, 2022. After the closed session of the January 21, 2025 regular City Council Meeting, the City Attorney reported that the City Council had unanimously authorized a new agreement for the City Manager.
Recommended Action
Authorize execution of the Employment Agreement for City Manager Services with David Maistros.
5. Los Angeles County Public Health Services Contract
The City of Avalon contracts with Los Angeles County Department of Health to provide public health services. These services include enforcement of any orders, or regulationsset by the California Department of Public Health and Los Angeles County Code, Title 11.
Recommended Action
Authorize the City Manager to execute the Los Angeles County Public Health Services Contract.
6. Resolution Approving the Blanket Authority to Apply for Grant Funds from the Los Angeles County Regional Park and Open Space District for Measure A Funding for Projects and Programs The City of Avalon has received Measure A funds in the past to support the development and improvement of the Skate Park, City Park, Kids Park and the picnic area of Lover’sCove. In 2025 the granting agency is implementing a new process to administer funding for projects and programs. This process requires the City Council to authorize the City Manager, or his designee, to apply for grant funding.
Recommended Action
Adopt a resolution approving the blanket authority of the City Manager to apply for grant funds from the Los Angeles County Regional Park and Open Space District for Measure A funding for projects and programs.
CITY COUNCIL AGENDA
FEBRUARY 4, 2025
PAGE 3
7. 2025 Waterside Permit Renewals
Each year, prior to December, the Harbor Master reviews all existing Waterside Permits.
If the Harbor Master determines that, because of changed circumstances, a permit should
not be renewed, or should be renewed on different terms and conditions, he shall forward his recommendation to the City Council together with
a list of all permits that he
recommends should be renewed for another term without change.
Recommended Action
Authorize the Harbor Master to renew Waterside Permits for 2025.
8. Professional Services Agreement for On-Call Planning Consultant On March 21, 2023 the City Council authorized the City Manager to execute a
professional services agreement with Sagecrest Planning and Environmental, LLC for oncall planning consultant services for a not to exceed contract sum of $125,000 for
a oneyear term with two optional one year renewal terms. On February 20, 2024, the City Council authorized the City Manager to renew the agreement for an additional one-year term for an annual sum not to exceed $150,000.
Recommended Action
Authorize the City Manager to negotiate and execute
a professional services agreement with Sagecrest Planning and Environmental, LLC for on-call planning consultant services for
a three-year term for an annual cumulative total not to exceed $150,000.00.
9. Authorization to Provide On-Site Engineering and Support Services for WWTP Control System
PERC Water maintains the City’s Wastewater Treatment Plant and have requested to contract The LeMasters Company to improve the control system at the plant. The improvements require integration of a new piece of equipment into its existing control
system to maintain operational efficiency and compliance with regulatory requirements. Recommended Action Authorize PERC Water to contract The LeMasters Company to provide on-site engineering and support services for the control system at the Wastewater Treatment Plant from Sewer Fund 108-25-652 1 for an amount of not-to-exceed $71,775.
10. Global Paving RFP
The need exists for the City to perform paving repairs throughout the City of Avalon. The proposed scope of work for this project will focus on repairing and rehabilitating areas impacted by utility cuts and pot holes throughout the City as well as application of a crack
seal compound. This work will prepare the roads for
a more comprehensive city-wide slurry seal project. The slurry seal project will be performed by separate procurement process. Recommended Action
Authorize the City Manager or his designee(s) to develop and solicit a request for
proposals from qualified firms to implement city-wide paving repairs.
CITY COUNCIL AGENDA
FEBRUARY 4, 2025PAGE 4
GENERAL BUSINESS
11. Waterside Proect Application — Catalina Island Mermaids dba Avalon Barebottoms The applicant has submitted a Waterside Project Application proposing Catalina Island Mermaids LLC, dba Avalon Barebottoms, to provide limited dive services to boaters and others in Avalon Harbor. The services provided will include boat bottom cleaning, underwater maintenance/zinc replacement and underwater search and recovery for lostitems.Recommended Action Make the affirmative finding that conditions set forth in the Avalon Municipal Code havebeen met and grant the Waterside Project Application to Catalina Island Mermaids, dba Avalon Barebottoms, with the following conditions: 1. Notification will be made to Harbor Office Personnel prior to dive operations being conducted. The Harbor Master retains the ability to restrict or curtail operations when conditions dictate. 2. Current registration for the skiff used in dive operations will be provided to the Harbor Master annually. 3. Skiff used in dive operations will be secured to one of the public dinghy docks and meet allrequirements for use of these docks. 4. Personnel conducting dives will have current and applicable professional certifications for dive operations and take all necessary safety precautions while operating within the Harbor. 5. Applicant will obtain a business license for Avalon Barebottoms separate from Catalina Island Mermaids LLC. This waterside permit applies to the conditions of use for Avalon Barebottoms. Activities related to Catalina Mermaids will begin and end from the shore. 6. Applicant abides by the Standard List of Conditions for Waterside Permit Holders.
12. Waterside Permit Application — Island Enterprises, Inc. dba Catalina Adventure Tours In May 2024 Island Enterprises, dba Catalina AdventureTours, transferred in ownership.
The transfer in ownership did not include transfer of an existing waterside permit. The new owners of Island Enterprises submitted a waterside permit application on September 8, 2024.
Recommended ActionMake the affirmative finding that conditions set forth in the Avalon Municipal Code have been met and grant the Waterside Project Application to Island Enterprises, dba Catalina Tours, contingent upon the following conditions: 1. Allow Island Enterprises to utilize 1 non-exclusive use float in position “E” on the pier for their tour boat operation, utilizing the semisubmersible Nautilus (USCG documentation 1079045). The City will not charge fees for the float so long as its use is non-exclusive to Island Enterprises. 2. Allow occasional use of the Cabrillo Mole floats to pick up groups as long as Island Enterprises does not interfere with cross channel carriers or cruise ship traffic. 3. Require City Council approvalif Island Enterprises elects to utilize their PUC Tariff on-call charter service to pick up passengers in all areas specified on the Tariff excluding services between any vessels, points and places starting with and ending within the Avalon city limits. 4. If City Council approves at a later date, allow Island Enterprises on-call charters the ability to utilize anyGreen Pier float and allow occasional use of the Cabrillo Mole floats to pick up groups as
CITY COUNCIL AGENDA
FEBRUARY 4, 2025PAGE 5
long as Island Enterprises does not interfere with cross channel carriers or cruise ship traffic. 5.Require Island Enterprises to pay nightly mooring fees for their vessels.
13. Waterside Project Change Conditions of Use— Avalon Aquatic Excursions The applicant has submitted a Waterside Project Application to change the conditions of use of their waterside permit. Currently, the waterside permit authorizes sightseeing, whale and dolphin watching trips, and snorkeling tours. Applicant proposes adding passenger transport service to and from White’s Landing utilizing a 30’ U.S. Coast Guardinspected vessel with a passenger capacity of 22, which he is in the process of obtaining.
This vessel will take the place of the 26’ vessel proposed in the original application.
Recommended Action
Make the affirmative finding that conditions set forth in the Avalon Municipal Code have been met and grant the Waterside Project Application to Avalon Aquatic Excursions, with the following conditions: 1. All operations to load nd unload passengers will take place on Pleasure Pier floats with occasional use of the floats at the Cabrillo Mole. Applicantmust not interfere with other commercial boat traffic including cross-town ferry and/or cruise ship tender traffic. During summer months applicant will make all efforts to utilize the shore-boat float of the End Float of the pier. 2. Applicant abides by the standard list of conditions for Waterside Permit holders. 3. Applicant meets all regulatory requirements for passenger-carrying vessels of this type, including any U.S. Coast Guard and Public Utilities Commission requirements. 4. Prior to vessel acquisition, applicant will provide theHarbor Master with the technical specifications, including make, model, length, beam, propulsion type, passenger capacity for approval. Any future proposed changes to these specifications will require prior Harbor Master approval in writing.
14. City Vehicle Storage Yard Policy
Over the years, the City has utilized different mechanisms to address illegal and abandoned vehicles within the City limit, including using on island commercial tow companies or partnering with mainland tow companies to conduct bi-annual “round-ups.” No robust program has existed since before 2019.Recommended Action Approve the City of Avalon Vehicle Storage Yard Policy.
15. Introduction and First Reading of an Ordinance Repealing and Replacing Title 4, Public Safety, Chapter 4-1 Bicycles and Repealing Chapter 4-10 of the Avalon Municipal Code The City has seen a proliferation of bicycles, electric bicycles, motorized bicycles, electric motorcycles, dirt bikes, pocket bikes, scooters, and other unregistered/off-road vehicles.
Recommended Action
Introduce and waive all readings of an Ordinance of the City of Avalon Repealing and Replacing Title 4, Chapter 4-1 and Repealing Chapter 4-10 of the Avalon Municipal CodeRegarding Bicycles, Electric Bicycles and Motorized Bicycles.
CITY COUNCIL AGENDA
FEBRUARY 4, 2025
PAGE 6
ADJOURN
NOTICE OF POSTING
I, Devin Elise Hart, declare that the City Council Agenda for Tuesday, February 4, 2025 was posted on Friday, January 31, 2025 on the City’s website, www.cityofavalon.com/aqendacenter, and at City Hall, 410 Avalon Canyon Road.
Devin Elise Hart, Senior Management Analyst
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 4, 2025 AGENDA ITEM: 1
ORIGINATING DEP: City Clerk CITY MANAGER: V1€W
PREPARED BY: Gabrielle Morones, City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the January 21, 2025 regular City Council Meeting.
REPORT SUMMARY: Although the live recording is the official record of public meetings, minutes are prepared for the Council’s approval.
FISCAL IMPACTS: N/A.
GOAL ALIGNMENT: Not Aligned.CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.
FOLLOW UP ACTION: File minutes in the City Clerk’s office.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed onthe posted agenda pursuant to the Brown Act.
ATTACHMENTS:
1. January 21, 2025 regular City Council Meeting Minutes
AVALON CITY COUNCIL MEETING
TUESDAY, JANUARY 21, 2025 — 5:00 PM
410 AVALON CANYON ROAD
MINUTES
CALL TO ORDER-5:00 p.m.
ROLL CALL-Present via Teleconference and In-Person: Mayor Anni Marshall, Councilmembers Lisa Lavelle, Michael Ponce, Mary Schickling and Yesenia De La Rosa. Also present: City Manager David Maistros, City Attorney Scott Campbell and City Clerk Gabrielle Moron es.
WRITTEN COMMUNICATIONS-None.
PRESENTATIONS
1. Sterling Miles of the Catalina Flyer provided a presentation regarding new crosschannel passenger rates.
2. Mike Bone provided a presentation from the Catalina Island Event Working Group.
3. Jim Luttjohann, President/CEO of Love Catalina, provided the annual presentation highlighting tourism promotion efforts as well as the quarterly marketing summary.
4. City of Avalon Fire Chief Michael Alegria and representatives from the Catalina Island Conservancy provided a presentation regarding action taken before and during therecent wind events. Chief Alegria provided a brief overview of the City’s salt and freshwater hydrant systems.
COUNCILMEMBER REQUESTS:
1. Councilmember Schickling requested the General Plan be placed on a future agenda for discussion.
CONSENT CALENDAR- There were 7 Items on the Consent Calendar. City Council pulled Item #5 for further discussion and Item # 6 was rescheduled for the first City Council meeting in February 2025. Motion to approve Items #1, #2, #3, #4 and #7 made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)
1. City Council Minutes
Approved minutes from the December 17, 2024 regular City Council Meetings.
2. Warrants
Approved warrants in the amount of $1,690,889.40, three payrolls totaling $812,981.05,five electronic fund transfers totaling $243,488.07 for a total of $2,747,358.52 for November 12, 2024 through December 13, 2024.
CITY COUNCIL MINUTES
JANUARY 21, 2025
PAGE 2
3. Appointment of Southern California Association of Governments Regional Conference and General Assembly Delegate
Adopted Resolution No. 25-01 of the City Council of the City of Avalon Appointing aVoting Delegate and an Alternate Delegate to the 2025 Annual Southern California Association of Governments Regional Conference and General Assembly.
4. Resolution Approving New Classifications and Descriptions — Project Manager, Senior Management Analyst, and Parking Enforcement Officer
Adopted Resolution No. 25-02 of the City Council of the City of Avalon Adopting Project Manager, Senior Management Analyst, and Parking Enforcement Officer Positions.
7. Rehabilitation of City Float 1 Located at the Cabrillo Mole
1. Made the affirmative finding that Al Larson Boat Shop is a sole source vendor per Avalon Municipal Code Section 3-4.111 (b). 2. Authorized the City Manager or their designee to negotiate a procurement contract with Al Larson Boat Shop for the rehabilitation of City Float 1 for a sum not-to-exceed $90,000.00.
PULLED ITEMS- Item #5 was pulled for further discussion and Item # 6 was rescheduled for the first City Council meeting in February 2025.
5. Medical Cannabis Delivery Business Permit Application Solicitation
1. Made the finding that the City did not receive any completed applications for Medical Cannabis Delivery Services Business Permits by the stated deadline — December 16, 2024 at 4 p.m. and as such, rejected all proposals. 2. Authorized City Staff to reopen the application process for a new medical cannabis delivery business permit holder.
Motion to approve made by Lisa Lavelle, seconded by Yesenia De La Rosa. (All Ayes)
6. 2025 Waterside Permit Renewals
Each year Prior to December, the Harbor Master reviews all existing Waterside Permits.
Waterside Permits expire annually on December 31st. If the Harbor Master determines that, because of changed circumstances, a permit should not be renewed, or should be renewed on different terms and conditions, he shall forward his recommendation thereon to the City Council for action, together with a list of all permits that he recommends should be renewed for another term without change.
Recommended Action
Authorize the Harbor Master to renew the attached list of Waterside Permits for 2025.
GENERAL BUSINESS
8. Cultural Resources Consultation Agreement with Montrose Environmental Services
1. Made an affirmative finding to dispense with a competitive procurement process due to economic efficiency as outlined in Avalon Municipal Code 3-4.111(c). 2. Authorized
CITY COUNCIL MINUTES
JANUARY 21, 2025
PAGE 3
the City Manager to execute the First Amendment to a professional services agreement with Montrose Environmental Solutions, Inc., to provide cultural resource consulting for the Five Corner Site Improvement Project, for a not-to-exceed sum of $118,000.
Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)
9. Island Enterprises, Inc. Transportation Permit Application
1. Received presentation. 2. City Council discussed. 3. Consensus was meet, approved the Transportation Permit for Island Enterprises, Inc. to utilize a commercial vehicle permit to conduct City tours in an oversized vehicle with stated conditions.
Motion to approve made by Michael Ponce, seconded by Anni Marshall. (All Ayes)
10. Catalina Island Conservancy Transportation Permit Modification
1. Received presentation. 2. City Council discussed. 3. Consensus was meet, approved the Transportation Permit for Catalina Island Conservancy to utilize Commercial Interior Vehicle permits to conduct passenger transportation with stated conditions.
Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)
11. Catalina Curated Tours Transportation Permit Application
1. Received presentation. 2. City Council discussed. 3. Consensus was met, approved the Transportation Permit for Catalina Curated Tours to utilize a residential autoette vehicle permit to conduct City tours with stated conditions.
Motion to approve made by Michael Ponce, seconded by Mary Schickling. (All Ayes)
12. Avalon History Tours Transportation Permit Application Assistant City Manager Jocelyn Francis provided an update stating that the business owner, Don Salvo, has been approved for a Commercial Vehicle Permit after attending a vehicle hearing on January 17, 2025.
1. Received presentation. 2. City Council discussed. 3. Consensus is met, approved the Transportation Permit for Avalon History Tours to utilize a commercial vehicle permit to conduct tours with stated conditions.
Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa.(All Ayes) CLOSED SESSION-7:58 p.m.-8:17 pm.
Following the appropriate announcement of the Closed Session item the City Council went into Closed Session to discuss the following:
1. CONFERENCE WITH LABOR NEGOTIATORS (54957.6)
City Negotiating Party: City Council
Unrepresented Employee: City Manager
CITY COUNCIL MINUTES
JANUARY 21, 2025
PAGE 4Following Closed Session the City Attorney announced that the City Council unanimously agreed to extend the employment contract for the City Manager for four (4) years with a pay increase up to $247,500 per year and a Cost of Living Increase (COLA) consistent with the city’s labor bargaining units. A formal contract will be on the next regularly scheduled city council meeting for approval.
Mayor Marshall adjourned the meeting at 8:17 p.m.
I, Gabrielle Morones, City Clerk, do hereby certify that the DVD videotape of the regular City Council Meeting on January 21, 2025, is the official record of the Council Meeting and is on file and maintained in City Hall.
Gabrielle Morones, City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 4, 2025 AGENDA ITEM: 2_
ORIGINATING DEP: Finance CITY MANAGER: V2$t2)PREPARED BY: Matthew Baker, Finance Director SUBJECT: WarrantsRECOMMENDED ACTION(S): Approve total expenditures for December 14, 2024 through January 24, 2025 totaling $4,249,182.54.
REPORT SUMMARY: These disbursements through January 24 are comprised of warrants from the US Bank General Account totaling $3,042,361.43, warrant from the US Bank Housing Authority Account totaling $178,614.30, three payrolls totaling $780,066.77, and other electronic fund transfers totaling $248,140.04.
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 39185- 39259 $ 1,078,187.91 12/20/24GF US BANK WARRANTS CK# 39260 43,772.42 12/26/24GF US BANK WARRANTS CK# 39261 897.00 12/27/24GF US BANK WARRANTS CK# 39262- 39300 107,512.75 01/03/25 GE US BANK WARRANTS CK# 39301 -39357 1,338,493.74 01/17/25 GE US BANK WARRANTS CK# 39358 - 39363 274,745.08 01/21/25 GE US BANK WARRANTS CK# 39364 198,752.53 01/24/25
HA US BANK WARRANTS CK# 5077 178,614.30 12/23/24PAYROLL 274,599.63 12/27/24PAYROLL 242,795.90 01/10/25 PAYROLL 262,671.24 01/24/25EFT -CALPERS MEDICAL 102,104.69 01/03/25EFT -CALPERS RETIREMENT 45,306.85 12/16/24EET -CALPERS RETIREMENT 44,410.48 12/27/24 EET -CALPERS RETIREMENT 43,261.82 01/07/25EET - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 13,056.20 01/24/25 TOTAL DISBURSEMENTS $ 4,249,182.54
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
DECEMBER 14, 2024 -JANUARY 24, 2025 DISBURSEMENTS
February 4, 2024
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CKIt 39185 - 39259 $ 1,078,187.91 12/20/24GE US BANK WARRANTS CKU 39260 43,772.42 12/26/24 GE US BANK WARRANTS CK# 39261 897.00 12/27/24GE US BANK WARRANTS CKB 39262- 39300 107,512.75 01/03/25GF US BANK WARRANTS CK# 39301- 39357 1,338,493.74 01/17/25GE US BANK WARRANTS CK# 39358- 39363 274,745.08 01/21/25GF US BANK WARRANTS CKB 39364 198,752.53 01/24/25 HA US BANK WARRANTS CKU 5077 178,614.30 12/23/24PAYROLL 274,599.63 12/27/24PAYROLL 242,795.90 01/10/25PAYROLL 262,671.24 01/24/25EET - CALPERS MEDICAL 102,104.69 01/03/25 EET -CALPERS RETIREMENT 45,306.85 12/16/24EET - CALPERS RETIREMENT 44,410.48 12/27/24EET -CALPERS RETIREMENT 43,261.82 01/07/25EET - HARBOR/REC CREDIT CARD AND BANK SERVICE EEES 13,056.20 01/24/25 TOTAL DISBURSEMENTS $ 4,249,182.54
CERTIFICATE
IN ACCORDANCE WITH SECTION 32702
OF THE GOVERNMENT CODE, I CERTIFY
THAT THE ABOVE DEMANDS ARE ACCURATE
AND THAT EUNDS ARE AVAILABLE EOR
PAYMENT.I CERTIEY UNDER PENALTY OE PERJURY
APPROVED AND AUDITED THIS THAT THE FOREGOING IS TRUE AND 4th DAY OF FEBRUARY 2025 CORRECT.
EXECUTED THIS 4th DAY OE EEBRUARY 2025
AUDIT COMMflTEE -MICHAEL PONCE
FINANCE DIRECTOR - MATTHEW BAKER
AUDIT COMMITTEE - MARY SCHICKLING
CITY OF AVALON
WARRANT DISBURSEMENTS
February 4, 2025
CHECK DATE
NUMBER ISSUED AMOUNT DESCRIPTION
FUEL: ALL DEPARTMENTSSUPPLIES: FIRERETIREE INSURANCE: 07/2024 - 12/2024UNIFORMS FIRE SUPPLIES: ALL DEPARTMENTSCOMMUNICATIONS: ALL DEPARTMENTSCONTRACT SERVICES. 11/2024 FREIGHT: ALL DEPARTMENTS
SERVICE HARBORCONTRACT SERVICES. 01/202SSUPPLIES: GARAGESUPPLIES: ALL DEPARTMENTS INTERNET: ALL DEPARTMENTS
TOT: 01/2025
SUBSIDY SERVICE FEE 04/2024
RENT: 09/2024
SERVICE: ADMINISTRATION & PLANNINGSUPPLIES: PIRESUPPLIES: ITCONTRACT SERVICES: 11/2024 FAREROY: 11/2024
CONTRACT SERVICES: 11/2024SUPPLIES: FIRESERVICE: RECREATION 9/2024 - 12/2032SERVICE: FIRE 11/2024SUPPLIES: VEHICLES REIMBURSEMENT 0/P COSTS
SERVICE: VEHICLESERVICE: ALL DEPARTMENTS
FUEL: HARBORUTILITIES: ALL DEPARTMENTS
SERVICE: ITVISION. 12/2024
UNIFORMS- FIRE
SUPPLIES: CITY HALL DOORSSUPPLIES: HARBOR CLOCK
PBL EXPANSION CIP
SUPPLIES: PURILC WORKSSUPPLIES: HARROR
RETIREE INSURANCE 07/2024 - 12/2024
SUPPLIES: PUBLIC WORKS
PURCHASE. PIRESUPPLIES: GARAGEREFUND CEMETERY FEESSERVICE: RECREATION 09/2124-12/2024DUES: 01/202SFREIGHT. PUBLIC WORKS
SUPPLIES PUBLIC WORKS
SERVICE: ITSERVICE: FIRE (RADIO AUDIO(SUPPLIES: GARAGESUPPLIES: PIRESERVICE: CITY HALLSUPPLIES: HARBORSUPPLIES: ALL DEPARTMENTSCOPIER LEASE: PLANNINGCOPIER LEASE: PLANNINGSERVICE SUCCESSOR AGENCYSERVICE HOUSING AUTHORITYSERVICE PLANNING DEPARTMENT REIMBURSEMENT 0/P COSTSUNIFORMS: HARBOR
SERVICE: 2ND HALF 12/2024
LIFE INSURANCE: 12/2024
ANNUAL PEEANNUAL PEEANNUAL PEEANNUAL PEE
SUPPLIES: PUBLIC WORKSSERVICE- PUBLIC WORKSVOID: MULTI STUB CHECKVOID: MULTI STUB CHECKSEE A’CEACHED DETAILSUPPLIES: GARAGECONTRACT SERVICES: 12/2024COMMUNICATIONS: ALL DEPARTMENTS SUPPLIES: WWDPCOPIER LEASE: ADMINISTRATION
NAME
39185 12/20/2024 $ 2,762.83 AAA OIL, INC39110 12/20/2024 $ 90.70 AIR SOURCE INDUSTRIES39187 12/20/2024 $ 000.00 ALEGRIA, VALENTE39100 12/20/2024 $ 435.05 ALL STAR FIRE EQUIPMENT, INC 39109 12/20/2024 $ 4,799.05 AMAZON CAPITAL SERVICES, INC.39190 12/20/2024 $ 1,207.69 AT &39191 12/20/2024 $ 101.499.8K CR&R INCORPORATED 39192 12/20/2024 $ 2,017.30 AVALON PREIGHT SERVICES, LLC 39193 12/20/2024 $ 9,912.70 AVALON MOORING & DIVING39194 12/20/2024 $ 24,003.33 AVALON SHOREBOAT SERVICE CORP.39190 12/20/2024 $ 97S.RS CART MART, INC.3919E 12/20/2024 $ 2,047.73 CATALINA BEVERAGE CO39197 12/20/2024 $ 2,017.60 CATALINA BROADBAND SOLUTIONS39190 12/20/2024 $ 137,000.00 CATALINA CHAMBER OF COMMERCE39199 12/20/2024 $ 1,001 55 CATALINA EXPRESS39208 12/20/2024 $ 0,009.00 CATALINA ISLAND COMPANY 39201 12/20/2024 $ 000.00 CATALINA ISLAND IANITORIAL
39202 12/20/2024 $ 160.00 LAURA MINUTO39203 12/20/2024 $ 177.55 COW GOVERNMENT39204 12/20/2024 $ 11,946.96 CIRCUIT TRANSIT, INC.39204 12/20/2024 $ (R,056.R0( CIRCUIT TRANSIT, INC39200 12/20/2024 $ 171,462.07 CO. OF LOS ANGELES SHERIFF’S DEPT.39206 12/20/2024 $ 704.04 COAST TO COAST SOLUTIONS39207 12/20/2024 $ 960.00 SETH & JOLIE HOPKINS39208 12/20/2024 $ 40000 COUNTY OF LOS ANGELES C/O LA RICO39209 12/20/2024 $ 370.00 CREATIVE SIGN, INC.39210 12/20/2024 $ 227.00 DAHL, TOM39211 12/20/2024 $ 2,384.45 DAPEER, ROSENOLIT & LITVAK,LLP39212 12/20/2024 $ 042.00 DEWEY PEST CONTROL39213 12/20/2024 $ 1,1R9.OE DION & SONS MARINE PUELS INC392E4 12/20/2024 $ 41.39 EDISON 392E0 12/20/2024 $ 637.00 ESPRY, INC.
39210 12/20/2024 $ 1,123.90 FIDELITYSECURITO LIFE INSURANCE392E7 12/20/2024 $ 4.88 GALLS, LLC39218 12/20/2024 $ 305.05 GANAHL LUMBER COMPANY392E8 12/20/2024 $ 826.61 GANAHL LUMBER COMPANY392E9 12/20/2024 $ 19,431.34 GEO-LOGIC ASSOCIATES, LLC.39220 12/20/2024 $ 123.09 GRAINGER39221 12/20/2024 $ 1,079.71 HARRY’S MARINE SERVICE, LLC39222 12/20/2024 $ 580.08 HERNANDEZ, RICHARD 39223 12/20/2024 $ 6,852.18 HOME DEPOT CREDIT SERVICES39224 12/20/2024 $ 311,192,44 L.N. CURTIS & SONS 39225 12/20/7024 $ 089.69 LLEWELLVN SUPPLY CO.39226 12/20/2024 $ 198.00 LOLO’S PLAZA BARBER SHOP 39227 12/20/7024 $ 2,208.00 MAESE, EATALINA
39228 12/20/2024 $ 918.00 MASA39229 12/20/2024 $ 108.39 ISLAND EXPRESS HELICOPTERS INC39230 12/20/2024 $ 497.26 MCMASTER-CARR39231 12/20/2024 $ 344.10 MM INTERNET, INC.39232 12/20/2024 $ 770.00 MOTOROLA SOLUTIONS, INC.39233 12/20/2024 $ 377.71 NAPA AUTO PARTS39234 12/20/2024 $ 270.25 SAN DIEGO COFFEE, TEA & SPICE, INC.3923S 12/20/2024 $ 10,188.32 NORTHWIND REPRIGERATION39236 12/20/2024 $ 217.00 PRO STANCHI05539237 12/20/2024 $ 801.47 QUILL CORP39238 12/20/2024 $ 908.90 RICOH AMERICAS CORP39239 12/20/2024 $ R3.2S RICOH USA, INC39240 12/20/2024 $ 020.00 RSG, INC39240 12/20/2024 $ 2,206.25 ROD, INC39241 12/20/2024 $ 17,707.84 SAGECREST PLANNING & ENVIRONMENTAL39242 12/20/2024 $ 104.54 SANCHEZ, PAUL39243 12/20/2024 $ 202.96 SEC HOLDINGS, LLC39244 12/20/2024 $ 9,307.91 SIRIA’S CLEANING SERVICE39245 12/20/2024 $ 1,200.09 STANDARD INSURANCE COMPANY 39246 12/70/7024 $ 063.00 SWRCR
39247 12/20/7024 $ 063.00 SWRCB39240 12/20/2024 $ 3,940.00 SWRCR 39249 12/20/2024 $ OE,332.00 SWRCR39200 12/20/2024 $ 2,329.40 ULINE, INC39201 12/20/2024 $ 04.40 UNDERGROUND SERVICE ALERT/SC39202 12/20/2024 $ - CORPORATE PAYMENT SYSTEMS 392S3 12/20/2024 $ - CORPORATE PAYMENT SYSTEMS39204 12/70/2024 $ 22,330.23 CORPORATE PAYMENT 505TEMS39200 12/20/2024 $ 2,946.01 USIETEING 39206 12/20/2024 $ 18,700.00 VEGA, EDMUNDO39207 12/20/2024 $ 2,223.70 VERIZON WIRELESS39200 12/20/2024 $ 13,667.26 WESTRIOGE ENVIRONMENTAL GROUP39209 12/20/2024 $ 411.43 XEROX CORPORATION $ 1,OJR,E87.9E
Page DoS 1
CITY OF AVALON
US BANK CREOIT CARO CHARGES PAlO OECEMRER 20, 2024
February 4, 2025
LAST NAME POSTDATE AMTUSD VENDOR DESCRIPTION DEPARTMENTRAKER 11/SR/2024 $ 20R.RR LA COUNTF TTC IVR LA COUNTY PROPERTY TAX (TRANSPORATION) FINANCERAKER 15/31/2024 $ 4.64 SERVICE FEE LA COUNTY PROPERTY TAY (TRANSPORATION) FINANCERAKER 12/4/2024 $ 304.15 ZOOM SORSCRIPTION: IT FINANCE CISNEROS, C. 12/2/2024 $ 92.00 CATALINA EXPRESS TRAVEL: ROAT FIRECISNEROS, C. 12/3/2024 $ 5.00 CATALINA EXPRESS TRAVEL: ROAT FIRECISNEROS, C. 12/3/2024 $ 16.24 TACO MASATAQUERIA TRAVEL: MEAL FIRECISNEROS, C. 12/S/2R24 $ 27.54 EL POLLO LOCO TRAVEL MEAL FIREOAILEY, M. 11/29/2024 $ 120.00 OUO SECUIRTY LLC OFERATION COSTS: IT AOMINISTRATIONDAILEY, M. 52/10/2024 $ S,6R3 20 HOOK SECURITY OFERATION COSTS: IT AOMINISYRATIONOAILEY, M 12/11/2024 $ 45999 SYNOLOSY OPERATION COSTS: IT AOMINISTRATIONDAILEY, M. 12/SR/2024 $ 25.00 CLOUOELARE OPERATION COSTS: IT ADMINISTRATIONO.E. HART 12/2/2024 $ 3S.00 SINCH MAILOUN OPERATION COSTS: IT ADMINISTRATIONO.E. HART 12/3/2024 $ R2.R6 CYRERLINK OPERATION COSTS: IT ADMINISTRATION0 E. HART 12/3/2024 $ 36.36 SOLARWINOS OPERATION COSTS: IT ADMINISTRATIOND.E. HART 12/9/2024 $ 3R6.R7 CATALINA CANYON INN TRAVEL: L000INO IT ADMINISTRATIONO.E. HART 12/9/2024 $ 15.00 QUICK EISGN LLC OPERATION COSTS: IT ADMINISTRATION DAVID NART 1S/SR/2024 5 347.S0 CATALINA EXPRESS TRAVEL: CONTRACT SERVICES OANCE RECREATIONDAVID HART 11/20/2024 $ 2R,3R CHET’S HARDWARE SUPPLIES: SPECIAL EVENT RECREATIONDAVID HART 11/20/2024 $ R6.01 CHET’S HARDWARE SUPPLIES: SPECIAL EVENT RECREATIONDAVID HART 11/20/2024 $ 2R.3R CHET’S HARDWARE SUPPLIES: SPECIAL EVENT (HOLIDAY) RECREATIONDAVID HART 11/20/2024 $ OR.6R CHET’S HARDWARE SUPPLIES: SPECIAL EVENT RECREATIONDAVID HART 11/20/2024 $ 67.06 CHIT’S HARDWARE SUPPLIES: SPECIAL EVENT RECREATIONDAVID HART 11/20/2024 $ 3.62 CHET’S HARDWARE SUPPLIES: SPECIAL EVENT RECREATIONDAVID HART 11/20/2024 $ eRRS ST NICKS CHRISTMAS SUPPLIES: SPECIAL EVENT (HOLIDAY) RECREATIONDAVID HART 11/21/2024 $ 1,469.92 TRANSLUI MIDWEST CORP SUPPLIES PARE FACILITIES RECREATIONDAVID HART 11/22/2024 $ 45.79 VONS SUPPLIES: SENIOR PROGRAM RECREATIONDAVID HART 11/22/2024 $ S,213.R7 ON DECK SPORTS SUPPLIES. MAINTENANCE OF PREMISES )JMF) RECREATIONDAVID HART 11/25/2024 $ R.22 CHETY HARDWARE SUPPLIES: SMALL TOOLS RECREATIONDAVID HART 11/2S/2024 $ 9.64 VONS SUPPLIES: SPECIAL EVENT (HOLIDAY TOOL) RECREATIONDAVID HART 11/2S/2R24 $ 12.IR VONS SUPPLIES: SPECIAL EVENT RECREATIONDAVID HART 11/27/2024 $ 227.10 VONS SUPPLIES MOW DRIVERS RECREATIONDAVID HART S1/29/2R24 $ 2R5.1S VONS SUPPLIES SPECIAL EVENT RECREATIONDAVID HART 11/29/2024 S 163.13 HIT PRINT, INC SUPPLIES SPECIAL EVENT RECREATIONDAVID HART 12/6/2024 $ 15.92 VONS SUPPLIES: SPECIAL EVENT RECREATIONDAVID HART 12/9/2024 $ 1429 CHET’S HARDWARE SUPPLIES OFFICE RECREATIONDAVID HART 12/9/2024 $ 296.19 VONS SUPPLIES SPECIAL EVENT RECREATIONFRANCIS 51/OR/2024 $ 366.17 CATALINA CANYON INN LODDIND: PROFESSIONAL SERVICES IT ADMINISTRATIONFRANCIS 11/11/2024 $ 366.07 CATALINA CANYON INN LODOINO: PROFESSIONAL SERVICES IT ADMINISTRATION FRANCIS 11/11/2024 $ 29.91 AOOBE OPERATION COSTS: IT ADMINISTRATIONERANCIS 11/70/2024 $ 100.00 CACED TRAINING: MEMRERSHIP DUES ADMINISTRATIONFRANCIS 11/25/2024 $ 231 23 LONO REACH HILTON LDDDINO ADMINISTRATIONFRANCIS 12/16/2024 $ 29.91 ADORE OPERATION COSTS: IT ADMINISTRATIONMUROHES 11/22/2024 $ 199.00 TRAININD LLC TRAININO,CDM TRAINING: CLASS ADMINISTRATIONMORONES 12/4/2024 $ 1795 THE J.P. COOKE. CU SUPPLIES: 202S DOG TAOS ADMINISTRATIONMURONES 12/10/2024 $ 19S.00 IMMC TRAINING: MEMBERSHIP RENEWAL ADMINISTRATION GONZALEZ 12/3/2024 $ 100.00 CALACT MEMBERSHIP AND DUES ADMINISTRATIONGONZALEZ 12/16/2024 $ 20.11 VONS SUPPLIES: MAINTENANCE OF PREMISES ADMINISTRATION MAISTROS 11/27/2024 $ 13.19 AMAZON SUPPLIES: (HOLIDAY PARTY) ADMINISTRATIONMAISTROS 11/29/2024 $ (277.71) WESTIN )WESTIN HOTELS) REFUND ADMINISTRATIONMEFPERT 11/11/2024 $ 10.45 USPS PG POSTAGE FIREMEPPERT 11/20/2024 $ 36.06 AMAZON SUPPLIES: MAINTENANCE OF PREMISES FIREMEEEERT 12/9/2024 $ 46.90 VONS SUPPLIES: MAINTENANCE OF PREMISES FIRE ALEORIA 11/10/2024 $ 9.90 STARBUCKS TRAINING MEAL FIREALEGRIA 11/19/2024 $ 14.19 LARESCUE.CDM SUPPLIES. GEAR RAG FIREALEGRIA 11/22/2024 $ 2.99 APPLE.COM OPERATION COSTS: IT EIREALEORIA 12/3/2024 $ 450.66 SP IOEHTIEIRE SUPPLIES EACEPIECE NAMEPLATE FIREALEGRIA 12/3/2024 $ 10.67 SMART & FINAL SUPPLIES: EVENT ALUMI RREAKEAST EIREALEORIA 12/3/2024 $ 120.20 COSTCD WHOLESALE SUPPLIES EVENT ALUMI BREAKFAST FIREALEGRIA 12/4/2024 $ 129.11 SUPERIOR SUPER GROCERS SUPPLIES. EVENT ALUMI BREAKFAST FIREALEORIA 12/4/2024 $ 61.72 WALOREENS SUPPLIES FIREALEGRIA 12/4/2024 $ 199.15 LOBSTER TRAP MEAL: EVENT )EIRE FULL TIME & RESERVES) FIREALEORIA 12/S/2024 $ 20.60 STARRUCKS TRAINING MEAL EIBEALEGRIA 12/S/2024 $ 204.29 HILTON TRAVEL: L000IHO FIREALEGRIA 12/9/2024 $ 143.93 VONS MEAL: TRAINING )SCE) FIREALEOBIA 12/9/2024 $ 130.62 VOHS SUPPLIES FIREALEGRIA 12/11/2024 $ 43.10 ORPS PD POSTAGE FIREALEGRIA 12/12/2024 $ 347.S0 CATALINA EXPRESS TRAVEL. BOAT FIREALEORIA 12/13/2024 $ 2,900.S3 INVERTER SUPPLY EQUIPMENT MAINTENANCE: AC FIREALEGRIA 12/13/2024 $ 42.23 WALOREENS SUPPLIES FIREALEORIA 12/16/2024 $ 10.40 STABBUCKS TRAINING MEAL FIRE CARSTARPHEN 11/2S/2024 $ 1,ORS.99 SCIENASALES SUPPLIES HARBORCARSTARPHEN 12/5/2024 $ 500.00 DATATEL OPERATION COSTS: IT HARBORCARSTABPHEN 12/9/2024 $ 1,4S2.OD VMC CUTCO UNIFORMS HARBORCABSTABPHEN 12/11/2024 $ 19.00 SENOHUR OPERATION COSTS: IT HARBORCARSTABPHEN 12/16/2024 $ S7.91 VONS SUPPLIES HARBORCAMPBELL 12/9/2024 $ S0.70 YETI SUPPLIES: HOLIDAY PARTY ADMINISTRATIONCAMPBELL 12/12/2024 $ 14.99 CANVA SUBSCRIPTION: IT ADMINISTRATIONSCHMIDT 10/11/2024 31,19 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES HARBORSCHMIDT 10/10/2024 17.90 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES HARBORSCHMIDT 10/21/2024 . J.W. PEPPER FRAUD HARBOR
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID DECEMBER 20, 2024
February 4, 202S
LAST NAME POST GATE AMT UBD VENDOR DESCRIPTION DEPARTMENTSCHMIDT SS/4/2024 742.7S ESPEOIA TRAVEL LODGING HARBORSCHMIDT 51/0/2024 R2.SR CHETS HARDWARE SUPPLIES: MAINTLNANCE OF PREMISES HARBORSCHMIDT 11/15/2024 1,40 SERVICE FEE TRAINING: PROCESSING FEE HARBOR SCHMIDT 11/11/2024 10.05 EMERGENCY MEDICAL SERVICE TRAINING: EMT HARBORSCHMIDT 11/10/ 2024 726R4 ESPEDIA TRAVEL: LODGING HARBORSCHMIDT 11/SR/2D24 50.00 WP CBSOA TRAINING: MEMBERSHIP HARBORSCHMIDT 51/SB/2R24 50.00 WE CBSOA TRAINING: MEMBEBSHIF HARBORSCHMIDT SS/IR/2R24 SOBS WE CBSOA TRAINING: MEMBERSHIP HARBORSCHMIDT 15/10/2524 SOBS WE CBSOA TRAININO: MEMBERSHIP HARBORSCHMIDT 55/10/2524 240.00 WE CBSOA TRAINING HARBORSCHMIDT 11/10/2024 1,200.00 CALIFORNIA BOATING SAFETY TRAINING: MEMBERSHIP HABBOBSCHMIDT 55/SR/2524 4RB.R3 ESFEOIA TRAVEL: LODGING HABBOBSCHMIDT 11/20/2024 42.7S CATALINA ESPBESS TRAVEL: BOAT HARBORSCHMIDT - 11/20/2024 B.4B UNITEOVALET PARKING TRAVEL: FABKING HARBORSCHMIDT 11/21/2024 23.00 BEST WESTERN HOTELS LB TRAVEL. PARKING HARBORSCHMIDT 51/22/2024 74.01 THE SAND TRAP TRAINING: INSTRUCTOR MEAL HARBORSCHMIDT 12/1/2024 50.05 VONS SUPPLIES HARBOR $ 22,330.23 CHECK NOMBLB 30252 - 3B2S4
PaBe 2 uS 2
CITY OF AVALON
WARRANT DISBURSEMENTS
February 4, 2025
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
39260 12/26/2024 $ 43,772 42 SEST, REST & KEIEGES, LIP LEGAL FEES: 10/2024 $ 43,772.42
Page S ef S
CITY OF AVALON
WARRANT DISRURSEMENTS
February 4, 2025
CHECK DATE
NUMRER ISSUED AMOUNT NAME DESCRIPTION
392b1 12/27/2024 $ 097.00 AEG RESTAURANT PARTNERS, IF SERVICE: RECREATION DEPARTMENT $ 897.00
PaRe 1 uf 1
CHECK DATE
$ 107,512.75
CITY OF AVALON
WARRANT DISRURSEMENTS
February 4, 2025
NUMRER ISSUED AMDUNT NAME DESCRIPTION
39262 01/03/202S $ 5,390 23 AAA OIL INC FUEL: ALL DEPARTMENTS39253 01/03/202S $ S,14338 AMAZON CAPITAL SERVICES, INC SUPPLIES: ALL DEPAETMENTS39254 01/03/202S $ S05.37 AVALON FREIGHT SERVICES, LLC FREIGHT: ALL DEPARTMENTS3925S 01/03/202S $ 4,423.RS AVALON MOORING & DIVINO SERVICE: HARBOR392EE 01/03/202S $ 5,141.S0 RETONU SOFTWARE SOLUTIONS CONTRACT SERVICES: IT39257 S1/03/202S $ 67S.74 CATALINA BEVERAGE CO SUPPLIES: ALL UEPARTMENTS39260 OS/03/202S $ 2,051.99 CATALINA RROAUBANO SOLUTIONS INTERNET: ALL UEPARTMETNS39299 X1/03/202S $ 93_So CATALINA EXPRESS TEAVEL: COUNCIL39269 01/03/2025 $ 4S.00 CATALINA EXPRESS TRAVEL: PUBLIC WOOKS39270 01/03/2025 $ 109.00 CATALINA ISLANDER ADVERTISINO: ALL DEPARTMENTS 39271 01/03/2025 $ 269.00 CATALINA PEST CONTROL SERVICE HARROR39272 01/D3/2025 $ 969.43 COOK, AMANDA RETIRE INSURANCE: E1/2024 - 01/202S39273 01/03/2025 $ S69.BS DION & SONS MARINE FUELS INC FUEL. HARBOR39274 01/03/2025 $ 3,420.00 EAOLE PROTECTION SERVICE, INC. SERVICE: ADMINISTRATION39275 01/03/2025 $ ROB.R3 ENTENMANNROVIN CO SUPPLIES: HARBOR39276 01/03/2025 $ 4,500.00 E.C.I.S SERVICE: EDO39277 01/03/2025 $ USD0 ESPRT, INC. SERVICE: IT39279 R1/03/202S $ 1,007.07 GRAINDER SUPPLIES PURLIC WORKS & FIRE39279 01/03/202S $ X,749.6R HENDERSDN MARINE SUPPLT, INC. SUPPLIES. HARRDR FLOATS39200 01/03/202S $ S,2b2.Rl HIGH TIDE TRADERS UNIFORMS: HARROR39201 01/03/202S $ 4,bS7.9S HDME DEPOT CREDIT SERVICES SUPPLIES: PURLIC WORKS39202 01/03/202S $ 4,134.00 IDRDAHL CDNSTRUCTIDN SERVICE: HARBOR39203 01/03/202S $ OR,R24 iS L.N. CURTIS & SDNS PURCHASE FIRE39204 01/03/202S $ bR4.1E LAVELLE, LISA REIMBURSEMENT 0/P COSTS3920S 01/03/202S $ 761.2S LEXIPOL LLC TRAINING: FIRE39206 01/03/2025 $ 1S3.02 ISLAND EXPRESS HELICOPTERS INC FREIGHT: PUBLIC WORKS39207 0f/03/202S $ 71R.SS MCDONALD, AUDBA RETIRE INSURANCE: 01/202S392RR 01/03/2025 $ 924.00 MRS T’S CHINESE KITCHEN SENIOR MEALS: 10/2024. 12/202439209 01/03/2025 $ 0,572.00 NETMODRING SERVICE: HARBOR 39290 01/03/2025 $ 7,929.00 OLAUNU, LLC CONTRACT SERVICES ADMINISTRATION39291 01/03/2025 $ S00.00 PARTNER ASSESSMENT CORPORATION SERVICE: ADMINISTRATION39292 01/03/202S $ 2,049.90 DUADIENT POSTAGE REFILL39293 03/03/2025 $ 020.24 DUILL CORP SUPPLIES: ALL DEPARTMENTS39294 01/03/202S $ 109.76 RECTCLE AWAT, LLC SUPPLIES SOLID WASXE3929S OE/03/2025 $ 297 SR RICDH USA, INC. COPIER LEASE: PLANNING39296 01/03/202S $ lOTS 00 SAND TRAP SENIOR MEALS: 00/2024 . 11/202439297 01/03/202S $ 50300 TURNOUT MAINTENANCE CD, LLC SERVICE: FIRE39290 01/03/202S $ 3220 UNDERGROUND SERVICE ALERT/SC SERVICE: P/W39300 T1/03/202S $ TS,SBB.40 CORPORATE PATMENT STSTEMS SEE ACEACHED DETAIL PaRR 1 of 1
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID JANUARY 3,2024
February 4, 2025
DEPARTMENTPURLIC WORKSPURLIC WORKSPORLIC WORKSPURLIC WORKSPURLIC WORKSPUBUC WORKSPUBLIC WORKSPURLIC WORKS PORLIC WORKSPURLIC WORKSPUBLIC WORKSPUBLIC WORKSPORLIC WORKSPUBLIC WORKSPORLIC WORKSPUBLIC WORKSPLANNINO & RUILOINOPLANNINO & RUILDINOPLANNINO & RUILDINOPLANNINO & ROILDINGPLANNINO & RUILOINGPLANNINO & ROILOINOPLANNINO & RUILDINOPLANNINO & ROILDINOPLANNINO & ROILDINGPLANNINO & RUILOINOPLANNINO & ROILDINOPLiSNNINO & ROILDINOPLANNING & RUILDINOPUBLIC WORKSPUBLIC WORKSPIJBLIC WORRSPURLIC WORKSPIJRLIC WORKSPUROC WORKSPURLIC WORKSPURLIC WORKSPURLIC WORKSPURLIC WORKSPUBLIC WORKS
PURLIC WORKS
PUBLIC WORKSPURLIC WORKSPOBLIC WORKSPURLIC WORKSPURLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPURLIC WORKSPUBLIC WORKSPURLIC WORKSPORLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPURLIC WORKSPORLIC WORKSPORLIC WORKSPUBLIC WORKS
HARROR MAINTENANCEHARROR MAINTENANCEHARROR MAINTENANCE
HARBOR MAINTENANCEHARROR MAINTENANCE
LAST NAME PORT DATE AMTU5D VENDOR DESCRIPTIONOREENLAW SR/24/2R24 $ 1014K CHECS NAROWARE SUPPLIES: MAINTENANCE OF PREMISES )WWTP)GREENLAW 12/16/2024 $ IR$72.90 A-i FENCE COMPANT SUPPLIES: MAINTENANCE OF PREMISES (TOW YARD)CORDERD 11/20/2024 $ S2.22 CHETS HARDWARE SUPPLIES: MAINTENANCE OF PREMISESCORDERO 11/20/2024 $ B.SR CHEf’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISESCORDERD 11/20/2024 $ 45.BS CHET’S HARDWARE SUPPLIES: SMALL TODLSCDRDERD 11/20/2024 $ B75 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: HDLIDAY DECDRATIDNSCDRDERD 11/21/2024 $ 49.41 CHEf’S HARDWARE SUPPLIES: MAINTENANCE GE PREMISESCORDERD 11/29/2024 $ 22.97 CHELS HARDWARE SUPPLIES: SMALL TOOLS CORDEBO 1R/2R/2024 $ 1R.4R CHEf’S HARDWARE SUPPLIES SMALL TOOLSCOBDERO 12/4/2024 $ SlAB CHRIS HARDWARE SUPPLIES: SMALL TOOLSCDRDERO 12/4/2024 $ 3737 CHECS HARDWARE SUPPLIES: SMALL TOOLSCORDERO 12/4/2024 $ SR.13 CHECS HARDWARE SUPPLIES: MAINTENANCE OF PBEMISESCDRDERO 12/4/2024 $ 14.62 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: PARKSCORDERO 12/12/2G24 $ 122.23 CHRIS HARDWARE SUPPLIES: MAINTENANCE OF PREMISESCORDERO 12/13/2024 $ 4B.RG CHEPS HARDWARE SUPPLIES: MAINTENANCE OF PREMISESCORDERO 12/13/2024 $ R.79 CHEF’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES GILBERT 11/20/2024 $ 93.93 CHEE’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES (HARBOR)GILBERT 13/20/2024 5 47.32 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES (SHOP)GILBERT 11/21/2324 $ 27.4R CHET’S HARDWARE SUPPLIES: SMALL TOOLSGILBERT 11/22/2024 $ 43.41 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES (WWTP)GILBERT 13/22/2024 $ 67.63 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES (WWTP)GILBERT 11/22/2324 $ 33.93 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES )WWYP)GILBERT 13/22/2024 $ RB.S2 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: MAINTENANCE OF PREMISES (WWTP)GILBERT 11/25/2024 $ 43.BR CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES (WWTP)GILBERT 11/25/2024 $ 39.79 CNEY’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES (WWTP)GILBERT 11/25/2024 $ 47.23 CHET’S HARDWARE SUPPLIES: MAINTENANCE DE PREMISES (HARBOR)GILBERT 31/23/2324 $ 39.SB CHET’S HARDWARE SUPPLIES: MAINTENANCE GE PREMISES (HARBOR)GILBERT 12/2/2024 $ S2.73 EBAY SUPPLIES: MISCHARUED/ REIMBURSEDGILBERT 12/4/2024 $ 107.77 CHET’S HARDWARE SUPPLIES: MAINTENANCE DF PREMISES (WWTP)HMIELAK 31/20/2324 $ 76.03 BRIMAR INDUSTRIES SUPPLIES: TRAFFIC SIGNSHMIELAK 31/21/2024 $ 13.B1 CHECS HARDWARE SUPPLIES: MAINTENANCE GE PREMISESHMIELAK 33/25/2024 $ 37.30 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: MAINTENANCE OF PREMISES )WWTP(HMIELAK i1/2S/2024 $ RB.BR PEBBLY BEACH BUILDING SUPPLY SUPPLIES. MAINTENANCE DP PREMISES )WWTP(BMIELAK 31/27/2024 $ 24.13 CHETE HARDWARE SUPPLIES- VEHICLE MAINTENANCEHMIELAK 11/27/2024 $ 39.70 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: MAINTENANCE OF PREMISES (MOLE)HMIELAK 11/29/2024 $ 43.93 CHETE HARDWARE SUPPLIES- PUBLIC WORKSHMIELAK 11/29/2024 $ 2B.3B CHRIS HARDWARE SUPPLIES: MAINTENANCE GE PREMISESHMIELAK 12/4/2024 $ 2.50 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: SMALL TOOLSHMIELAK 12/4/2024 $ SS.77 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: SMALL TOOLSHMIELAK 12/1/2024 $ 73.57 PEBBLY BEACH BUILDING SUPPLY SUPPLIES- MAINTENANCE OP PREMISES (WWTP)HMIELAK 12/6/2024 $ 2326 CHET’S HARDWARE SUPPLIES: MAINTENANCE GE PREMISESHMIELAK 12/12/2024 $ 59.03 BRIMAR INDUSTRIES SUPPLIES TRAFFIC SIGNSHMIELAK 12/13/2024 $ 109 BR ARIAT INTERNATIONAL INC CLOTHING: PUBLIC WORKS MDUHMIELAK 12/13/2024 $ 336.13 BRIMAR INDUSTRIES SUPPLIES: TRAFEIC SIGNSHMIELAK 12/16/2024 $ 3353 CHET’S HARDWARE SUPPLIES: SMALL TOOLSHMIELAK 12/36/2024 $ 19.73 CHET’S HARDWARE SUPPLIES: CEMETERYHMIPLAK 12/16/2024 $ 1,650.00 ERAS SUPPLIES: VEHICLE MAINTENANCE 3 HERNANDEZ 11/20/2024 $ 4442 CHET’S HARDWARE SUPPLIES: MAINTENANCE GE PREMISES3. HEBNANDEZ 13/21/2024 $ (24-29) CHET’S HARDWARE CREDIT3 HERNANDEZ 13/21/2024 $ 7147 CHET’S HARDWARE SUPPLIES: MAINTENANCE GE PREMISES3. HERNANDE? 11/21/2024 $ 13.19 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES3 HERNANDEZ 11/21/2024 $ 543 CHETS HARDWARE SUPPLIES: PUBLIC WDRKS I. HEBNANOEZ 11/21/2024 $ 4342 CHETS HARDWARE SUPPLIES- HOLIDAY DECORATIONS 3 HERNANDEZ 11/21/2024 5 23.63 CHET’S HARDWARE SUPPLIES: HOLIDAY DECORATIONS3. HERNANDEZ 11/21/2024 $ S3BB CHET’S HARDWARE SUPPLIES: PUBLIC WORKS3. HERNANDEZ 11/22/2024 $ 102.23 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES3 HEBNANDEZ 11/22/2024 $ 65.96 CHET’S HARDWARE SUPPLIES: PUBLIC WORKS3. HERNAHDEZ 12/5/2024 $ 60.36 CHET’S HARDWARE SUPPLIES: SMALL TODLS3. HERNANDEZ 12/9/2024 $ 21.96 CHET’S HARDWARE SUPPLIES: MAINTENANCE GE PREMISES3. HEBNANDEZ 12/9/2024 $ 100.93 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: SMALL TOOLS P. HERNANDEY 11/13/2024 $ 35.92 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: BARBARA PIERSONP HERNANDEY 12/13/2024 $ 5737 CHET’S HARDWARE SUPPLIES: MAINTENANCE GE PREMISESL. RUBIO 11/29/2024 $ 90_is CHET’S HARDWARE SUPPLIES: VEHICLE MAINTENANCEL. RUBID 12/1/2024 $ 13.69 CHET’S HARDWARE SUPPLIES- VEHICLE MAINTENANCEL. BUBIO 12/11/2024 $ 42.33 CHET’S HARDWARE SUPPLIES: VEHICLE MAINTENANCE $ 1S,BBB.4B CHECK NUMBER 39299- 39333
CITY OF AVALON
WARRANT DISRURSRMENTS
February 4,2025
2,497.S0 AAA OIL, INC
9070 AIR SOURCE INDUSTRIES
S,RRR SR AMAZON CAPISAL SERVICES, INC
300.00 ARMSTRONG, JENNIFER
1,14006 AT &
11,060 92 CR&R INCORPORATED
191,49986 CR58 INCORPORATED - AVALON EREIOHT SERVICES, LLC 3,74424 AVALON FREIGHT SERVICES, LLC
7,17727 AVALON MOORING & DIVING
24,053.33 AVALON SNOREROAT SERVICE CORP
1,321 SI CART MART, INC.
3,597.OS CATALINA BEVERAGE CO
159 RS CATALINA BROADBAND SOLUTIONS
137,S0000 CATALINA CHAMBER OF COMMERCE
07.17940 CATALINA ESPRESS
74,13900 CATALINA ISLAND COMPANT
S,134.72 CATALINA ISLAND COMPANY
62S.00 CATALINA ISLAND YACHT CLUB
90.00 CATALINA ISLANDER
54,401.10 CIRCUIT TRANSIT, INC.
15,367.931 CIRCUIT TRANSIT, INC
8,113.00 CO. OF LOS ANGELES SHERIFF’S DEPT.
111,462.07 CO. OF LOS ANGELES SHERIFF’S DEFT
960.00 JOLIE COLRY
2,043.00 CONES ISLAND WEST7,62700 DAFEER, ROSENRLIT & LITVAK,LLP 042 00 DEWEE PEST CONTROL
1,24020 DION & SONS MARINE FUELS INC
407.50 ESFRV, INC.
12,32500 LOCALITY MEDIA, INC.
3,117.04 PLAVCORE WISCONSIN, INC.
450.00 OLADWELL GOVERNMENTAL SERVICES, INC
97S.62 GRAINGER
3,268.19 HARRIS MARINE SERVICE, LLC
6,73716 HOME DEPOT CREDIT SERVICES3,365.00 ICC GENERAL CODE, INC. 339,42640 JORDAHL CONSTRUCTION
0,263.00 LA REGIONAL WATER OUAEITY CONTROL
428.11 LINDE GAS & EOUIFMENT INC.918 50 MASA
1,379.12 MATTHEWS INTERNATIONAL CORPORATION
71.27 MCMASTER-CARR
344.10 MM INTERNET, INC.
R3 61 MOBIl?, DONALD
1,729.78 MOTOROLA SOLUTIONS, INC
676.63 NAFA AUTO PARTS
130,546.19 FEOC WATER
11,798.49 PERT WATER
7,260.80 POLVDYNE, INC
618 17 FTM DOCUMENT STSTEMS436.07 OUILL CORP908.90 RICOH AMERICAS CORP 1,244 01 RICOH USA, INC.
1,00000 RIG, INC
9,317 SR SIRIA’S CLEANING SERVICE4,101.30 SUPERION, LLC5,000.00 TOWNSEND PUBLIC AFFAIRS, INC 700.7S CORPORATE FATMENT SYSTEMS
1R,750.00 VEGA, EDMUNDO
22,613.76 WALTERS WHOLESALE ELECTRIC CO
OESCRIPTION
FUEL: ALL DEPARTMENT
SUPPLIES: FIRESUPPLIES: ALL DEPARTMENTS
HOLIDAY FARTT 2024
COMMUNICATIONS ALL DEPARTMENTSSWEEPER: 12/2074CONTRACT SERVICES 12/2024 VOID: MULTI SEUR CHECK
FREIGHT: ALL DEPARTMENTS
SERVICE HARROR
CONTRACT SERVICES: 02/2025SERVICE TRANSITSUPPLIES: ALL DEPARTMENTSSERVICE: PUBLIC WOHRSTOT: 02/2025SURSIDT 12/2024 RENT:01/2025
PROPERTY TAR FT 2025HOLIDAY PARTS 2024
ADVERTISING: PLANNINGCONTRACT SERVICES: 05/2021
FAREROX: 01/202S
WATERFRONT PATROL 11/2024
RESIDENT DEPUTT 12/2024
SERVICE: RECREATION 01/2024- 12/2024SENIOR MEALS: 07/2024 . 12/2024SERVICE: VEHICLESSERVICE: ALL DEPARTMENTSFUEL: HARBORSERVICE: IT SOFTWARE: FIRE
SUPPLIES: RECREATIONSERVICE: ADMINISTRATIONSUPPLIES: PUBLIC WORKSSERVICE: HARBOR SUPPLIES PUBLIC WORKSSUPPLIES: PUBLIC WORKSSERVICE: ADMINISTRATIONSERVICE- CIP 180003 SUPPLIES: WELDING
DUES: 02/2025
SUPPLIES: CEMETERYSUPPLIES: PUBLIC WORKSSERVICE: IT
REIMBURSEMENT 0/P COSTS
SERVICE: FIRE AUDIOSUPPLIES: GARAGEMONTHLT MAINTENANCE: 12/2024CONTRACT SERVICES 12/2024SUPPLIES: WWTP SUPFLIES: FINANCESUPPLIES: ALL DEPARTMENTSCOPIER LEASE: FLANNINGCOPIER LEASE: FLANNINGSERVICE: HOUSING AUTHORITV 553 HALF 01/2025
SOFTWARE LEASE: FINANCECONTRACT SERVICES: ADMINISTRATIONSEE ATTACHED DETAIL CONTRACT SERVICES: 01/2021VOID: CHECK ERROR MULTIFLE VENDORSCOFIER LEASE: ADMINISTRATION
CHECK DATE
NUMBER ISSURD AMOUNT NAME
393013930239303
393043930S
393063930639307393003930939310
393113931239313393143931S39316393163931739318
3931939319
3932039320393213932239323
393243932139326393273932839329393303933139332393333933439331 39336
39337
3933839339393403934139342393433934439344
3934S393463934739348393493935039351
39352393S3
39354
393SS
39356
1/17/202S $
1/17/2021 $
1/17/2025 $1/17/20251/17/202S $1/17/202S $
1/17/2R2S $
1/17/2S2S $1/17/202S $1/17/2025 $1/17/202S $1/17/202S $1/17/202S $1/17/2R?S $ 1/17/?02S $1/17/202S $1/S7/2R2S $1/17/2021 $1/17/2021 $1/17/2021 $1/17/lOIS $ 1/17/2025 S
1/17/202S $1/17/202S $1/17/202S $1/17/202S $1/17/202S $1/.17/2R2S $1/17/202S $1/17/2R2S $ 1/17/2021 $1/17/2021 $
1/17/2021 $1/17/2021 $1/17/202S $
1/11/202S $1/17/202S $1/17/202S $1/17/202S $1/17/2625 $1/17/2025 $ 1/17/202S $
1/17/202S $
1/17/20?S $1/17/202S $1/17/2021 $1/17/2021 $1/17/2021 $1/17/2025 $ 1/17/2025 $1/17/2025 $
1/17/2025 $1/17/2025 $1/17/202S $1/17/202S $1/17/202S $1/17/202S $1/17/202S $1/17/202S $ 1/S7/202S $1/17/202S $
39317 1/17/2S2S $ 411.43 XEROX CORFORATION
$ 1,330,493.74
LAST NAME
GILBERTGILBERTGILBERTGILBERTGILBERTGILBERT
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAlO JANUARY 3,2024
February 4, 202S
DEPARTMENTPLANNING & BUILDINGPLANNING & BUILDINGPLANNING & BUILDINGPLANNING & BUILDINGPLANNING & BUILDINGPLANNING & BUILDING FORT DATE AMTU5D VENDOR DESCRIPTION
12/4/2024 $ 115.53 PEBBLT BEACH BUILDING SUPPLT SUPPLIES: MAINTENANCE UP PREMISES WWTP 32/R/2024 $ 21.63 CHET’S HARDWARE SUPPLIES MAINTENANCE UP PREMISES HARBUR 12/R/2D24 $ 43.4R CHET’S HARDWARE SUPPLEIS: MAINTENANCE UP PREMISES PIRE 12/5/2024 $ 347S2 PEBBLT REACH BUILDING SUPPLT SUPPLIES: MAINTENANCE UP PREMISES HARRUR 12/11/2024 $ RR.RR CHET’S HARDWARE SUPPLIES: MAINTENANCE UP PREMISES HARBDR12/11/2024 $ 7363 CHETS HARDWARE SUPPLIES: MAINTENANCE DP PBEMISES HARRUR $ 700.75 CHECK NUMBER 3R354
CITY OF AVALON
WARRANT OISRURSEMENTS
February 4,2025
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
3R3SR 1/21/2025 $ - CATALINA ISLAND MEDICAL CENTER VOID. PRINTER ERROR39359 1/21/202S $ WALTERS WHOLESALE ELECTRIC VOID: PRINTER ERROR39319 1/21/2025 $ WESTRIDGE ENVIRONMENTAL GROUP VOID: PRINTER ERROR39361 1/21/2025 $ 2S1,924.9S CATALINA ISLAND MEDICAL CENTER SALES TAT PASS THRU3R3R2 1/21/2025 $ 2,40282 WALTERS WHOLESALE ELECTRIC SUPPLIES: PURLIC WORKS 35353 1/21/2025 $ I.3,7672R WESTRIDGE ENVIRONMENTAL GROUP SUPPLIES: WWTP $ 224,745.RR
CITY OF AVALON
WARRANT DISBURSEMENTS
February 4, 2025
CHECK OATENUMBER ISSUED AMOUNT NAME DESCRIPTION
39364 1/24/2025 $ 198,752.53 EDISON SERVICE CIP 180003
$ 198,752 53
CITY OF AVALON
WARRANT DISBURSEMENTS
February 4,2025
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
5077 12/1/2024 $ 178,61430 JOEDAHLCONSTRUCTION SERVICE- HOUSING $ 178,61430
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 4, 2025 AGENDA ITEM: ________ ORIGINATING DEP: Finance CITY MANAGER: mlCW PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Fiscal Year 2024-2025 Second Quarter Treasurer’s Report RECOMMENDED ACTION(S): Adopt the resolution accepting the FY24-25 Second Quarter Treasurer’s Report.
REPORT SUMMARY: State and Municipal Codes require the Treasurer to submit within 30 days following each fiscal quarter a report summarizing the City’s cash and investment balances. Attached is the Second Quarter Treasurer’s Report for FY24-25. The report was shared with the City Treasurer prior to presentation to City Council.
The purpose of the report is to inform, on a quarterly basis, the City’s cash and investment balances, the investment types, yields, and market values, and to ensure that the City’sinvestments are in compliance with the City’s adopted investment policy. The report shows that all of the City’s funds are in compliance with its investment policy. In general, operating cash is held in US Bank checking accounts and any excess cash is invested in California’s Local Agency Investment Fund (LAIF) and various certificates of deposit (CD5). In accordance with Government Code sections 16429.1 and 53601 et seq., the City cannot invest more than 30% of its portfolio in CDs. CD5 accounted for 15.7% of the unrestricted cash and investments for the quarter ended December 31, 2024.The City reinvested $5.59 million in United States Treasury Bills that had matured during the quarter into another seven month term. The City also invested in one new CD during thequarter maturing in 5 years with estimated yields of 4.15%. The City takes a ladder approach with staggered maturities for its CD investments to balance its goals of high rates in the shortterm with stability to withstand market fluctuations in the longer-term. The City will continue to assess for opportunities to increase its investment returns while maintaining necessary liquidityand compliance with its investment policy.
The unrestricted cash balance for the second quarter of 2024-2025 totaled $26.8 million, an increase of $1.8 million from the second quarter of 2023-2024. The unrestricted cash balance includes cash from enterprise funds (e.g. Harbor, Sewer, Saltwater, and Solid Waste) not available for general government functions. The increase in unrestricted cash is partially attributable to the seasonality of visitor-driven tax revenues and the timing of significant capitaloutlays anticipated to increase during the next fiscal year. While the majority of grant funding is performed on a cash reimbursement basis, the unrestricted cash and investments balance also includes $2 million in grant pre-funding received in preparation for construction of the second phase of the Cabrillo Mole Ferry Improvement project that has not been spent as of December 31, 2024. The unrestricted cash balance increased by $1 .2 million compared to the first quarter of 2024-2025. The increase in unrestricted cash balance from the prior quarter is attributable to the timing of property tax and direct assessments for sewer, saltwater and solid waste services received in late December. The City expects to begin construction on several major capital projects, including the second phase of the Cabrillo Mole Ferry Terminalrehabilitation and the Five Corners Pedestrian Improvement project, during the next quarter which will reduce future unrestricted cash balances.
Below is a chart comparing unrestricted cash balances from the first quarter of Fiscal Year 2015-2016 to the second quarter of Fiscal Year 2024-2025.
Unrestricted Cash Balance
$30$25$20$15:iiiiiiiiiiiiiiiiiiii111iiiiIJ J
&
—
The restricted cash balance for the second quarter of 2024-2025 totaled $10.5 million, an increase of $63 thousand from the first quarter of 2024-2025. The increase is largely attributable to increases in the CIMC Improvement Fund of $228 thousand. The increases in restricted cash balance were partially offset by payments from the Housing Authority for capitalprojects at 206 East Whitley further reducing the restricted cash balance in this account by $178 thousand.
GOAL ALIGNMENT: Required disclosures.
FISCAL IMPACTS: None
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENTS:
1. FY24-25 Second Quarter Treasurer’s Report
2. CD Investment Reports
3. Resolution to Accept the Report
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVALON/SUCCESSOR AGENCY TO THE AVALON
COMMUNITY IMPROVEMENT AGENCY ADOPTING
THE TREASURER’S IN VESTMENT REPORT FOR
FISCAL YEAR 2024/2025 SECOND QUARTER
The City Council of the City of Avalon/Successor Agency does determine. find and resolve as follows:
Section 1. The Fiscal Year 2024-2025 Second Quarter Treasurer’s Report is hereby adopted and approved.
PASSED, APPROVED AND ADOPTED this 4th day of February,
2025.
Ann Marshall - Mayor
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UNRESTRICTED CASh AND INVESTMENTS
US RANK -GUNURALCIIUCKIN(d A((OUNT S 3-SB! 33501US BANK PAYROLL ACCOUNT 29294254 US BANK - ULUN BUNFUITS ACCOUNT 926454
UUTTV C-SAN 5)5) I)))
PROLQUITIUS - VARIOUS CERTIUICATES or DUPOSITS 597)655455 (ALL CDS ARE FDIC INSURL)3,
MULTI-BANK SUCURITIUS - S’ARIOUSCURTIFICATUSOU OUPOSITS 69115.15639 )3LLCOS 9RU UHIC INSURUD)
LAIr - GLNLRAL ACCOI \T 12.252.151.96
CA LOCAL AGUNCY INS(STMUNF ((NO)
TOTAL I;NRESTRICTED (‘ASh AND INVESTMENTS S 26.9911245.56 RESTRICTED ACCOUNTS:
US BANK - FLUN RL\LL[FS ACCOUNT 3)155944
US BANK - lOUSING AUThORITY I (9.196117
ILGIV ShGGUR.ATL INCONIU HOUSING)
LAIF - hOUSING AUTIIORITY 399521)1 62
US BANK - SUC( ESSOR AOLNCY TO ACIA 44” 771 29LAIF--NCCCLSSOR AGENCY TO ACIA 2525945 US BANK AS TRUSTEEI - SUCCUSSOR AGLN(21)5 REFUNDING RONOS DURT SERVICL - SLRILS ‘921)15 REFUNDING 50505 DURT SFRVICL - SERILS A & RUS RANK - CISIC ISIPROVLNILN3 FUND NORTIIURN TRUST - CALRLCY( LL(‘AI.PLRS CERBT TRI)93
TOTAl. RF5’h RCITEI) AC( OLN IS
TOTAl. DAI.ANCE OF ALL ACCOLN [S
29527
1435153
1,I55.14)).95
93_544_242 55
9352136.9’)
I)).517.7I4.94
S 37.467.9611.511
147 59525 S 36365)4545
24995 2711,679.26 - 9,264.54 - 501131)) - 97I),h)lld.l)I) I) 9’)’., Ga dan)and S 3 636)145 45I) ml’,, Gadonand 57)1,679 76((ml’,, on demaml ‘1,51.4 5411)1)5’, 0 ((IC))) mId 556 ml n5”,, I) - 5 news 97)) SOIl)))
9.115.156.39 555”., 0- 5’eam 9,IIR 15639
I 2.757.h56.9S 4 43’,, Ga demand I 755.334 65
S 26.762,607.12 5 26,757,064.72
35.539_3d o mr. On demand 35,559.44
1.169,113317 ((ml’., Gnlmnmd I II,’). 19307 - 3.995.2111.62 4 40”.. (in demand 3.99)69)) 24 - 449.771,29 1 II))”,, On dewa))d 449 771 79 - 25.359,43 4 40”-. )la demand 55 549.54 - 250.77 II 0156 )3)) demand 595 37 - 13.331,53 11)1)5’, (6, demand II 35) 53 - 1,129,130,95 1 ml’., Onde)aand ).125.14)) 95 - 3.343.232.35 3 344_543 55 - 352.336,99 353 33), ‘1’) 5 1)1.51 7.71 3.94 5 111.516,193.97S 37,211)).31)2.116 S 37.273,il5S.71) L’ndna Sn 5)0)1510)) or SnolmI 536416 or he (‘aIiLemoa Gn)emOanOI (‘wIn lie Tseas)nel 01 CIneF Focal 05mm siaaII I adnra l555 10 lIe (‘6> (‘mmn 1 mId (‘dx Slmaner al Inam qomlell) )lelmhneminoommnm nil seniomesimessoenis mId mm)nvs n(lhn (dr TIan (il> is aO’ln (0)1)551 00 a))l)n)l)a)nd cs1mndimre )eqni)nm555 16) he (56) sin mnmhs. This qnm)nli’ aepml mill) dc emlm)I lionommo l’nher mhoplnd by lIla(S) (,mnnd ml 1m)e I K2023 lime
CITY OFAVALON
QUARTFRI.Y TREASURER’S REPORT
SECOND QUARTER ENDED DECENIRER3I,2024
ANNUA I. SI-S RIdE
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CITY OF AVALON CITY COUNCIL
MEETING DATE: February 4, 2025 AGENDA ITEM: g
ORIGINATING DEP: City Attorney CITY MANAGER: V2?’C.W
PREPARED BY: Scott Campbell, City Attorney
SUBJECT: City Manager Employment AgreementRECOMMENDED ACTION(S): Authorize execution of the Employment Agreement for CityManager Services with David Maistros.REPORT SUMMARY: On November 16, 2021, the City Council appointed David Maistros as City Manager to the City of Avalon for a three-year term. The contract was executed on December 16, 2021 for a three-year term beginning on February 1, 2022.
After the closed session of the January 21, 2025 regular City Council Meeting, the City Attorney reported that the City Council had unanimously authorized a new agreement for the CityManager. The agreement includes:
• Term of 4 years, expiring January 31, 2029;• Requirement for Annual Evaluations;• Annual salary of up to $247,500 per year, subject to cost of living increase afforded to all City employees and potential merit increase at the discretion of the City Council; • Annual administrative leave of 96 hours per year.• Insurance, sick, vacation and other benefits as provided to all management employees with a minimum 10 years of service; and
• Six months severance, including healthcare benefits, if termination without cause.
GOAL ALIGNMENT: Organizational stability.
FISCAL IMPACTS: Budgeted in Fiscal Year 2024-2025.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: There will not be an executed contract for City Manager.
FOLLOW UP ACTION: Execute contract.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: Employee Agreement.
Employment Agreement
This Agreement. dated as of
_______________,
2025. is between The City of Avalon
(“Employer” or “City”) a municipal entity of the State of California Government Code, and David M. Maistros (“Employee”) an individual. Employer and Employee agree to the following terms and conditions of employment.
Term of Employment. Employer shall employ Employee from February 1, 2025 for a term of four (4) years through January 3 1, 2029. In the event that the City determines that the City Manager will not be retained at the expiration of theAgreement, the City Council shall provide written notice at least one Hundred twenty (120) days in advance ofthe expiration ofthis Agreement. Failure to provide timely notice as set forth herein shall result in this Agreement being extended forone additional year with a five percent (5%) increase in compensation. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Cityof terminate the service of Employee at any time, subject only to the provisions set forth in Section 5 below.
2. Position and Responsibilities.
a. Position. Employee accepts employment with Employer as City Manager and shall perform all services appropriate to that position, as well as such other services consistent with the City Manager position as may be assigned by Employer. These duties include, but are not limited to, those set forth in the City of Avalon Municipal Code, the relevant portions of which are attached as Exhibit “A” to this Agreement. Employee agrees that he will bea full-time resident of the City for the term of this Agreement. Employee shall (I) have full authority over all City departments, and (2) shall have the authority to propose organizational changes to the City Council, except as otherwise provided by State law or the City’ Municipal Code, and shall devote his best efforts and full-time attention to the performance of hisduties. b. Other Activity. Employee (during his employment with Employer) shall not engage, directly or indirectly, in any other business, commercial, or professional activity (whether or not pursued for pecuniary advantage) that is or may generate financial or other conflict of interest with his position as City Manager or the appearance thereof If Employee is not certain whether or not a particular proposed outside activity is permitted under this Agreement, he shall ask the City Council in writing for a determinationthereon before engaging in the activity. and the City’ Couicil shall within thirty’ (30) day’ period shall be deemed approval.
3. Compensation and Benefits.
a. Compensation. Employer shall pay Employee a salary of Two 1-lundred Forty Seven Thousand Five Hundred Dollars ($247,500) per year inaccordance with Employer’s regularly established policies for payroll distribution. Employee will receive cost of living increases provided to other city employees, and/or compensation adjustments in accordance to citywide compensation studies as may be provided to other City employeesduring the term of this Agreement. Employee is also eligible for meritincreases during the term of this Agreement at the discretion of and as maybe negotiated by the City Council. In no event shall Employee’s salary decrease during the terms ofthe Agreement unless specifically agreed to byEmployee and the City. b. Benefits. Except as specifically set forth in this Agreement. Employee shall be entitled to receive benefits as provided to other management employeesofthe City with ten or more years ofservice as permitted by California Lawand set forth in the Management MOU — adopted May 3, 2022, a copy ofwhich is attached as Exhibit “B” to this Agreement.
Expenses. Employer shall reimburse Employee for reasonable traveland other business expenses incurred by Employee in the performance of his duties, in accordance with the Employer’spolicies, as they may be amended in Employer’s sole discretion.
Commuting to and from Avalon not directly related to City traveland meetings are not covered by the Employer’s policies shall beborne solely be Employee. ii Professional Development. Employer agrees to budget and to pay Employee’s travel subsistence expenses, subject to policies and procedures of Employer, for professional and official travel, meetings and occasions adequate to continue the professionaldevelopment of Employee and to adequately pursue necessaryofficial and other functions for Employer, including but not limited to the LOCC Annual Conference and such other national, regional. state and local government groups and committees thereof whichEmployee serves as a member. iii Professional Membership. Employer agrees to budget and to pay for the professional dues and subscriptions necessary for Employee’s continued and full participation in national, state, regional and localassociations and organizations necessary and desirable for hiscontinued professional participation, growth and advancement, andfor the good of the Employer, including but not limited tomembership in the ICMA and California Association for LocalEconomic Development. iv Electronic Equipment. Employer will purchase and provide Employee a laptop computer sufficient to allow Employee toperform his functions and conduct City business, and will pay allcosts associated with service for and reasonable maintenance of the laptop computer. Employer specifically allows Employee to make reasonable personal use thereof. However, given that the laptop areproperty of the Employer, Employee has no reasonable expectationof privacy in the contents thereof. -2-
v Administrative Paid Time Off. Employee is exempt from the overtime pay requirements of the FLSA and shall not be entitled to, nor be paid, overtime compensation of any kind. As such, Employee shall be granted ninety-six (96) hours of administrative leave per year. Employee may carry over up to forty (40) hours of unusedadministrative leave paid time off each year.
4. Retirement Benefits.
a. Ca1PERS. The Employer contracts with Ca1PERS for retirement benefits.
Employee will be entitled to those benefits under the terms of the contract between the Employer and Ca1PERS. The applicable retirement formulawill be determined by CaIPERS after the Employer has enrolled.
5. At-Will Employment.
a. At-Will. Employer and Employee expressly agree that the employment relationship created by this Agreement is “At-will” and that Employee serves at the will and pleasure of the City Council. Nothing in this Agreement or in any statute, ordinance. or rule shall prevent, limit orotherwise interfere with the right of the City to terminate, without cause orright of appeal or grievance, the services ofthe Employee at any time exceptEmployee shall not be terminated without cause without a four to one (4-1)vote of the City Council. Employee shall not be terminated without causewithin a period of 120 days before or ninety (90) days after a regularelection in which a City Council is seated. b. By Employer Not for Cause. During the term of this Agreement, Employer may terminate Employee for any reason without cause, by providingEmployee written notice and six (6) month’s salary and continuation ofexisting health care benefits. Salary shall be paid in regular pay increments at the current rate of pay. Notwithstanding the prior sentence, salary shallcease immediately upon Employee commencing new employment, which Employee will diligently seek. Employee is obligated to immediately notify the Mayor in writing upon finding new employment. Employer maydiscipline, demote or dismiss Employee as provided in this Section 5notwithstanding anything to the contrary contained in or arising from any statements, policies, or practices of Employer relating to the employment, discipline, or termination of its employees.
c. By Employee Not for Cause. At any time, Employee may terminate his employment with Employer for any reason by providing Employer ninety (90) days advance written notice. Employer shall have the option, in its complete discretion, to make Employee’s termination effective at any time prior to the end of such notice period, provided Employer pays Employee all compensation due and owing through the last day actually worked, plusan amount equal to the base salary Employee would have earned through the balance of above notice period, not to exceed ninety (90) days:thereafter, all of Employer’s obligations under this Agreement shall cease. -3-
d. By Employer for Cause. Employer may immediately terminate this Agreement by providing Employee written notice of the cause for termination. Employee shall be entitled to a post-termination appeal beforethe City Council, or its designee, by delivering a request for appeal to the Mayor within ten (10) days ofthe date ofthe notice oftermination. The sole purpose of the appeal hearing will be to determine whether there was cause for termination. All compensation shall immediately terminate upon theeffective date of any for cause of termination.For the purpose of this Agreement, termination shall be “for cause” ifEmployee: (i) refuses or fails to act in accordance with any specific, lawful,significant direction or order from the City Council; (ii) is convicted of afelony; (iii) willfully fails to perform the duties set forth herein; or (iv) is convicted of any criminal act involving fraud, malfeasance, or an act ofmisfeasance. e. Termination Obligations. Employee agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (asdefined below), documents, records, notes, contracts, and computergenerated materials furnished to or prepared by Employee incident to hisemployment belongs to Employer and shall be returned promptly toEmployer upon termination of Employee’s employment. Employee’s obligations under this subsection shall survive the termination of hisemployment and the expiration of this Agreement. As required by Government Code Section 53243.2, any cash settlement related to the termination of Employee shall be fully reimbursed to Employer if theEmployee is convicted of a crime involving an abuse of his office orposition.
6. Evaluation. Employee will be evaluated on at least an annual basis by the City Council. Failure ofthe City Council to provide such evaluation shall not in any waylimit the City Council’s ability to terminate this Agreement pursuant to Section 5.
At the annual evaluation, the City Council may consider adjustments to Employee’s compensation.
7. Indenmification. City shall to the fullest extent permitted by law indemnify and hold harmless Employee from and against any and all claims, actions. or causes of action of any kind for which Employee may be held liable and which arise out ofor relate to Employee’s performance of his job duties at City provided (1) Employeeacted in good faith at all times and (2) Employee’s actions, or failures to act, giving rise to the liability occurred within the course and scope of his employment at City.In addition, City shall defend at City expense and with counsel of City’s choosingany action, claim or proceeding in which Employee is named and which alleges action on the part of Employee, or failures to act, within the scope of the above referenced indemnity obligations even if such action, claim, or proceeding isultimately proved groundless. -4-
8. Proprietary Information. “Proprietary Information” is all information and any idea pertaining in any manner to the business of Employer (or any Employer affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of Employer in the course of his or his employment or otherwiseproduced or acquired by or on behalf of Employer. Proprietary Information shallinclude, without limitation, trade secrets, product ideas, inventions, processes,formulas, data, know-how, software and other computer programs, copyrightablematerial, marketing plans, strategies, sales financial reports, forecasts, andcustomer lists. All Proprietary Information not generally known outside ofEmployer’s organization, and all Proprietary information so known only throughimproper means, shall be deemed “Confidential Information.” During his employment by Employer, Employee shall use Proprietary Information, and shalldisclose Confidential Information, only for the benefit of Employer and as isnecessary to perform his job responsibilities under this Agreement. Following termination, Employee shall not use Proprietary Information and shall not disclose any Confidential Information, except with the express written consent ofEmployer.Employee’s obligations under this Section shall survive the termination of hisemployment and the expiration of this Agreement.
9. Notices. Any notice or other communication under this Agreement must be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered andaddressed to Employer at the address below, or to Employee at the last known address maintained in Employee’s personnel file. Employee shall be obligated tonotify Employer in writing of any change in his address. Notice of change ofaddress shall be effective only when done in accordance with this Section.
Employer’s Notice Address:
Mayor, City of Avalon
P0 Box 707
Avalon, CA 90704
Employee’s Notice Address:David Maistros
[At the home address shown in Employee’s personnel file]
10. Action by Employer. All actions required or permitted to be taken under this Agreement by Employer, including without limitation, exercise of discretion,consents, waivers and amendments to this Agreement, shall be made and authorizedonly by the City Council or by its representative specifically authorized in writingto fulfill these obligations under this Agreement.
11. Direction from City Council. Employee shall take direction as to matters of City business only from the City Council as a whole or from a duly authorized City Council member who has been granted the power by the City Council at a duly noticed and publicly held meeting to give direction to Employee. -5-
12. Interpretation. This Agreement shall be constructed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit not against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement.
13. Employee Acknowledgement. Employee acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has readand understands this Agreement, and that he is aware if its legal effect, and that hehas entered into it freely and voluntarily and based on his own judgment and not onany representations or promises other than those contained in this Agreement.
14. General Provisions.
a. Entire Agreement. This Agreement constitutes the entire agreement between the parties. This Agreement may be amended in writing and signedby both Parties. b. Severability. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainderof this Agreement or portion thereof, shall be deemed severable, shall notbe affected and shall remain in full force and effect. c. Bonding. If applicable, the City shall bear the full cost of any fidelity or other bonds required of Employee in the performance of his duties as CityManager. d. Modification. Any modification to this Agreement will be effective only if it is writing and signed by both Parties.
e. Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by theother Party shall not be deemed a waiver of that term, covenant, orcondition, nor shall any waiver or relinquishment of any right or power atany one time or times be deemed a waiver or relinquishment of that right orpower for all or any other times. f. Assignment. Neither this Agreement, nor any right, privilege nor obligation of Employee hereunder shall be assigned or transferred by his without the prior written consent of the City Council. Any attempt at assignment ortransfer in violation ofthis provision shall, at the option ofthe City Council, be null and void and may be considered a material breach ofthis Agreement. g. No Presumption of Drafter. The Parties acknowledge and agree that the terms and provisions ofthis Agreement have been negotiated and discussed between the Parties, and this Agreement reflects their mutual agreementregarding the sublect matter of this Agreement. Because of the nature ofsuch negotiations and discussions, it would be inappropriate to deem anyParty to be the drafter of this Agreement and. therefore, no presumption for -6-
or against validity or as to any interpretation hereof based upon the identity ofthe drafter shall be applicable in interpreting or enforcing this Agreement. h. Assistance of Counsel. Each Party to this Agreement warrants to the other Party that it has either had the assistance of counsel in negotiation for, and preparation of this Agreement or could have had such assistance andvoluntarily declined to obtain such assistance. i. Governing Law. This Agreement shall be governed by and constructed in accordance with the laws of the State of California.
j. Venue. The venue for any litigation to interpret or enforce this Agreement shall be in the Los Angeles Superior Court. The parties have duly executed this Agreement as of the date first written above.
AGREED:David M. Maistros Ann H. Marshall, Mayor
Approved as to Form: Attest:
Scott H. Campbell, City Attorney Gabrielle Morones, City Clerk -7-
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 4, 2025 AGENDA ITEM: 5
ORIGINATING DEP: Administration CITY MANAGER:
PREPARED BY: Devin Hart, Management Analyst
SUBJECT: Los Angeles County Public Health Services Contract RECOMMENDED ACTION(S): Authonze the City Manager to execute the Los Angeles County Public Health Services Contract.
REPORT SUMMARY: The City of Avalon contracts with Los Angeles County Department of Health to provide public health services. These services include enforcement of any orders, or regulations set by the California Department of Public Health (CDPH) and Los Angeles County Code, Title 11.
There is no charge to the City for the enforcement of State, County, or other regulations outlined in the Avalon Municipal Code; however, the City may be subject to standard feesassessed for inspection of city-owned facilities. The City may request in writing additionalpublic health services that are not required by statute, regulation or CDPH Order.
Additional services, if authorized, may be charged to the City at rates approved by the Board of Supervisors.
The agreement offers an initial term of five (5) years — expiring on June 30, 2029 — with an automatic five (5) year renewal period.
FISCAL IMPACTS: Undetermined.
GOAL ALIGNMENT: Public health, welfare and safety.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not have a contract for public health services.FOLLOW UP ACTION: Provide a copy of the executed agreement to Los Angeles County.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
- Agreement
Contract No. PH-005592
DEPARTMENT OF PUBLIC HEALTH
PUBLIC HEALTH SERVICES CONTRACT
THIS CONTRACT ‘Contract” is made and entered into on ________________ by and between COUNTY OF LOS ANGELES (hereafter “County”)
and CITY OF AVALON
(hereafter “City”)
THIS PUBLIC HEALTH SERVICES CONTRACT (“Contract”) is made by and between the County of Los Angeles, hereinafter referred to as the “County”, and theCity of Avalon hereinafter referred to as “City.” RECITALS:
The City desires to continue to contract with the County for the performance of public health services by the County’s Department of Public Health (‘Public Health”), for the County’s Health Officer to act as the City’s Health Officer, and for the County’s Department of Public Health to serve as the City’s Environmental Health Department.
The County agrees to continue performing such services on the terms and conditions set forth in this Contract.
This Contract is authorized by California Health and Safety Code Sections 101400 and 101405.
To effectuate public health services for the City, the County and its duly appointed Health Officer shall exercise the powers and duties that are conferred upon local health officers by law.
City of Avalon PH-005592
The County Health Officer shall fulfill the obligations and exercise the authority conferred by California Health and Safety Code Sections 101470 and 101475 within the territorial jurisdiction of the City in the performance of this Contract.
THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. TERM: This Contract shall become effective upon date of execution, and replace all prior contracts for public health services between the City and County.
This contract shall continue in full force and effect until June 30, 2029. Subject to Section 7 below, this Contract shall thereafter be automatically renewed for consecutive five (5) year terms, for an indefinite period, without further action by either City or County, unless City or County terminates the Contract in the manner set forth in Section 7.
2. PUBLIC HEALTH SERVICES: The County and the County’s Health Officer shall observe and enforce within the territorial jurisdiction of the City all of the following:
a. Orders, quarantine, and other regulations, concerning public health, prescribed by the California Department of Public Health (CDPH”). b. Statutes relating to public health.
c. Provisions of Los Angeles County Code, Title 11, and any amendments thereto, as adopted by City by ordinance or resolution, to the same extent as they are enforced in the unincorporated area of the County.
3. DESCRIPTION OF PUBLIC HEALTH FUNCTIONS:
a. The performance of all public health services, the standard of performance and other matters incidental to the performance of public health services and observation and enforcement of public health statutes, regulations, ordinances and CDPH orders and guidance shall be determined solely at the discretion of the County Health Officer and/or Director of County
City of Avalon — PH-005592
Public Health. The control of County personnel under this Contract shall remain exclusively with the County.
b. The County agrees to continue to perform for the City such public health services as are authorized or mandated by state laws or regulations related to public health, to be performed by the local health officer or local enforcement agency.
i. Pursuant to California Health and Safety Code section 101045, the County shall investigate health and sanitary conditions in detention facilities operated by the City, if any. County may bill and receive payment from City for inspection and reporting services in the manner provided by Paragraph 4, subsections (g) and (h) of this Contract.
ii. For future enactments of state law or regulation, County agrees to perform public health services that impose a specific duty or obligation on the local health officer to observe or enforce. Should future state law statutory or regulatory enactment related to public health not impose a duty or obligation on the local health officer, City may request in writing that the County perform that public health service. Should County elect to perform that discretionary public health service for City, pursuant to such City request, then County may bill and receive payment from City for inspection and reporting services in the manner provided by Section 4, subsections (g) and (h) of this Contract.
c. The County agrees to continue to perform for the City such public health services as authorized or mandated by provisions of Title 11 of the Los Angeles County Code, and any amendments or additions thereto, that the City has adopted via ordinance or resolution.
i. Should the County Board of Supervisors enact future provisions to or amend existing provisions of Title 11 of the Los Angeles County Code, County will inform the City of the newly enacted provision or amendment via email to the City’s Manager, and describe the
Cfty of Avalon — PH-005592
enacted new provision or amendment and the impact to the services performed under this Contract, if any.
ii. For future ordinances that may be enacted by the Board of Supervisors into Title 11 of the Los Angeles County Code, in order for the County to observe and enforce that enacted ordinance within the City, the City must approve the incorporation of the identical version of that new Title 11 provision into its municipal code via ordinance or by resolution of the City Council. iii. Any future amendments to provisions of Title 11 of the Los Angeles County Code that exist in the City’s Municipal Code at the date of the execution of this Contract, shall be incorporated by the City into its municipal code.
d. The County shall issue public health permits and licenses to permittees located within the City and collect the fees as provided for in Los Angeles County Code, Title 8, Chapter 8.04. Such fees shall be retained byCounty Public Health for the benefit of County as full compensation for the services performed by the Public Health Director and County HealthOfficer on behalf of the City. i. County may, from time to time, amend or alter the public health permit or license fees charged to those individuals or entities required to obtain a public health permit or license pursuant to either state statute or Los Angeles County Code, Title 8, Chapter8.04. ii. City may not set, collect, or retain public health permit or license fees for any public health service performed by County under this Contract.
e. For the purpose of performing said functions, County shall furnish and supply all necessary labor, supervision, equipment, and suppliesnecessary to provide the public health services described in this Contractand as necessary to protect the public health, safety, and welfare as determined by Public Health in its sole discretion. All persons employed in
City of Avalon — PH-005592
the performance of public health services and functions under this Contract shall be County personnel.
4. GENERAL TERMS:
a. To facilitate the performance of public health services, City and County will cooperate and assist each other to fulfill the purpose and intent of this Contract.
b. Exhibit A of this Contract, which is attached hereto and incorporated herein, shall provide the language of the City’s Municipal Code, as amended, that reflects the City’s specific adoption of Division 1 of Title 11 of the Los Angeles County Code as of the effective date of this Contract.
Exhibit A may be revised to reflect any changes to the City’s Municipal Code regarding Title 11 of the Los Angeles County Code. c. All persons employed in the performance of such public health duties, functions and services for City shall be County employees or personnel and no City employee shall be supplanted by County, and no person employed by County under this Contract shall have any City pension, civilservice, or any status or right. d. The City shall not be called upon to assume any liability for the direct payment of any salary, wages or other compensation to any County personnel performing services hereunder for the City, or be liable for compensation to or required to indemnify any County employee for injuryor sickness arising out of his or her employment. e. The parties have executed an Assumption of Liability Contract approved by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Contract approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this Contract by reference. In the event that the Board of Supervisors laterapproves a revised Joint Indemnity Contract, and the City executes the
City of Avalon — PH-005592
revised contract, the subsequent contract as of its effective date shall supersede the agreement previously in effect between the parties hereto. f. City is not required to separately reimburse County for the performance or enforcement of any City ordinance or resolution which adopts identical provisions of Los Angeles County Code, Title 11, and its amendments. g. Should City request in writing additional public health services of the County, that are not required by statute, regulation or CDPH Order, or as provided in Title 11 of the Los Angeles County Code, the County may charge the City, at rates approved by the Board of Supervisors, an hourly rate that will reimburse the County for the costs for the provision of those specific public health services.
h. County, through its Director of Public Health, must render to City within twenty (20) calendar days after the close of each calendar month an itemized invoice which covers all extra services performed for City if such services were requested by the City in writing, during said month, and City must pay County within thirty (30) days after date of such invoice. i. If a violation of public health statutes, regulations or ordinances results in a public health hazard within the City, County will notify the City Manager in writing. If the City elects to pursue legal prosecution or abatement, City shall provide to County contact information for counsel that will represent the City or the People in any legal proceeding to abate or mitigate the public health hazard. City shall bear the full cost of such proceedings.County may bill City on an hourly basis for time spent by County employees participating in such legal proceedings.
5. NOTICES: Notices hereunder must be in writing and may either be delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid, attention to the parties at the addresses listed below. PublicHealth Director, or the Director’s designee, is authorized to execute all notices or demands which are required or permitted by County under this Agreement.
City of Avalon — PH-0D5592
Addresses and parties to be notified may be changed by providing at least ten (10) working days prior written notice to the other party.
A. Notices to County must be addressed as follows:
(1) Department of Public Health
Environmental Health — Administrative Headquarters
5050 Commerce Drive
Baldwin Park, California 91706
Attention: Director, Environmental Health
E-mail: niirihIacountygov
(2) Department of Pubhc Health
Contracts and Grants Division
5555 Ferguson Drive, 2nd floor, Suite 210Commerce, CA 90022 Attention: Division Director
Email: contracts-qrantsphlacounty.gov
(3) Department of Public Health
Office of the Director
Attention: Director, Public Health
313 North Figueroa Street
Los Angeles, CA 90012Email: DPHDectorphiacoygov
B. Notices to City must be addressed as follows:
(1) City of: Avalon
Attention: City Manager
410 Avalon Canyon Road, P.O. Box 707
Avalon, CA 90704
Email: drnjtrosciyofavaIon.corn
Phone: (310) 510-0220
6. GOVERNING LAW, JURISDICTION, AND VENUE: This Contract will be governed by, and will be construed in accordance with, the laws of the State ofCalifornia. City agrees and consents to the exclusive jurisdiction of the courts of the State of California or the United Stated Courthouse, Central District, Western Division, for all purposes regarding this Contract and further agrees and consents
City of Avalon — PH-005592
that venue of any action brought under this Contract shall be exclusively in the County of Los Angeles.
7. TERMINATION FOR CONVENIENCE: The performance of services under this Contract may be terminated, with or without cause, in whole or in part, from time to time when such action is deemed by County or City to be in their own best interest. Termination of services hereunder shall be effectuated by the deliveryof an advance written Notice of Termination of the entire Contract by one party to the other at least one hundred and eighty (180) calendar days prior to July 1 of the following calendar year. The termination of services may only be effective on July 1 of the calendar year, so as to assure no lapse in public health and local health officer services to the residents of City.
8. ALTERATION OF TERMS/AMENDMENTS: The body of this Contract and any Exhibits attached hereto, and documents incorporated by reference, fully expresses all understandings of the parties concerning all matters covered andshall constitute the total Contract. No addition to, or alteration of, the terms of this Contract, whether by written or verbal understanding of the parties, their officers, employees or agents, shall be valid and effective unless made in theform of a written amendment to this Contract which is formally approved and executed by the parties in the same manner as this Contract.
9. INDEPENDENT CONTRACTOR STATUS: This Contract is by and between the County and City and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and City. The employees and agents of oneparty shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever.
City of Avalon — PH-005592
10. NO INTENT TO CREATE A THIRD-PARTY BENEFICIARY CONTRACT:
Notwithstanding any other provision of this Contract, the parties do not in any way intend that any person shall acquire any rights as a third-party beneficiary under this Contract.
11 . VALIDITY: If any provision of this Contract or the application thereof to any person or circumstance is held invalid, the remainder of this Contract and the application of such provision to other persons or circumstances shall not be affected thereby.
12. WAIVER: No waiver by the County of any breach of any provision of this Contract shall constitute a waiver of any other breach or of such provision.
Failure of the County to enforce at any time, or from time to time, any provision of this Contract shall not be construed as a waiver thereof. The rights and remedies set forth in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.
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City of Avalon — PH-005592
IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Contract to be subscribed by its Director of Public Health, and Contractor has caused this Contract to be subscribed in its behalf by its dulyauthorized officer, the month, day, and year first written above.
CITY OF AVALON COUNTY OF LOS ANGELES
By: _______________________________ By: _____________________________ David Maistros Barbara Ferrer, Ph.D., MPH., M.Ed.
City Manager Director
Date:_______________________________ Date:
_______________________________
APPROVED AS TO FORM APPROVED AS TO FORM
BY THE OFFICE OF THE CITY ATTORNEY BY THE OFFICE OF THE COUNTY COUNSEL SCOTT H. CAMPBELL, City Attorney DAWYN R. HARRISON, County Counsel By:
________________________
APPROVED AS TO CONTRACT
City Attorney ADMINISTRATION:
Department of Public Health
Date:_______________________________ By:
___________________________
Contracts and Grants Division
ATTEST:
GABRIELLE MORONES, City Clerk
Date:
By:
__________________________
City Clerk
Date:_______________________________
(AFFIX CORPORATE SEAL HERE)
City of Avalon — PH-005592
Exhibit A:
CITIES - HEALTH OFFICER -ADOPTION OF COUNTY CODE
AVALON
ADOPTION OF OUR COUNTY CODE TITLE 8 & TITLE 11
§ 6-3.01
Adoption of County Health Code.
[ 1, Ord. 500, eff. November 18, 1967; § 1, Ord. 949-98, eff. April 2, 1998]Regulations governing public health matters in the City are those prescribed in the County of Los Angeles Public Health Code, which is designated as Chapters 11.02 to 11.38, inclusive, of the Los Angeles County Code, which are hereby adopted by reference and made a part of this chapter, subject to such additions, deletions and amendments set forth in § 6-3.02 of thischapter and excluding those provisions adopted by the County of Los Angeles pursuant toOrdinance No. 97-0071. A copy of the Public Health Code shall be maintained on file in the City’s Planning and Building Department offices.CITY MUNICIPAL CODE EXCLUSION OF SPECIFIC PUBLIC HEALTH SERVICES None
AVALON — PH-005592
CivicPlus
302 South 4th St. Suite 500 Quote #: Q-90564-1
Manhattan, KS 66502 Date: 1/7/2025 10:15 AM
US Customer: AVALON CITY,
CALIFORNIA
QTY Product Name DESCRIPTION3.00 Annual Professional Services - 5 Hours Annual Professional Services -5 Hours (3 blocks of 5 hrs. = 15 Hrs Renewal total)
1.00 Scheduling Module Renewal Scheduling Module1 .00 Workflow & Approvals Module Renewal Workflow & Approvals Module
1.00 Process Automation Pay Annual Fee Pay Annual maintenance and support fee Renewal -Global Payments Integrated
1.00 SDK & Developer Tool Module Renewal SDK & Developer Tool Module1.00 Data Manager Module Renewal Data Manager Module1.00 Forms & Apps Renewal Forms & Apps Annual Recurring Services - Initial Term USD 16,572.94
Annual Recurring Services - (Subject to Uplift) USD 16,572.94
1. This renewal Statement of Work (“SOW”) is between City of Avalon, CA (“Customer”) and CivicPlus, LLC and shall be subject to the terms and conditions of the Master Services Agreement (‘MSA”) and the applicable Solutions and Products terms found at:www.civicplus.help/hc/p/Iecial-stuff (collectively, the ‘Terms and Conditions”). By signing this SOW, Customer expressly agrees to theTerms and Conditions throughout the Term of this SOW. The Terms and Conditions form the entire agreement between Customer and CivicPlus (collectively, referred to as the “Agreement”). The Parties agree the Agreement shall supersede and replace all prioragreements between the Parties with respect to the services provided by CivicPlus herein (the “Services”).2. This SOW shall remain in effect for an initial term starting at the Customer’s next renewal date of 3/13/2025 and running for twelve months (“Initial Term”). In the event that neither party gives 60 days’ notice to terminate prior to the end of the Initial Term, or any subsequent Renewal Term, this SOW will automatically renew for additional 1-year renewal terms (“Renewal Term”). The Initial Term and all Renewal Terms are collectively referred to as the “Term”.
3. Unless terminated, Customer shall be invoiced for the Annual Recurring Services on each Renewal Date of each calendar yearsubject to an annual increase of 5% each Renewal Term.
V. PD 06.01.2015-0048
Acceptance
By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW. ForCivicPlus Billing Information, please visit btps:/Iwww.ciyJpijcmLviify/.
IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of the dates below.
Client CivicPlus
By: By:
Printed Name: Printed Name:
____________________________________
Amy Vikander
Title: Title:
______________________________________
Senior Vice President of Customer Success
Date: Date:
______________________________________
1/9/2025
Organization Legal Name:
Billing Contact:
Title:
Billing Phone Number:
Billing Email:Billing Address:Mailing Address: (If different from above) P0 Number: (Info needed on Invoice (P0 or Job#) if required) V. PD O6.O1.2O15OO48
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 4, 2025 AGENDA ITEM: (P
ORIGINATING DEP: Administration CITY MANAGER:__________ PREPARED BY: Devin Hart, Management Analyst
SUBJECT: Resolution Approving the Blanket Authority to Apply for Grant Funds from the Los Angeles County Regional Park and Open Space District for Measure A Funding for Projects and
Programs
RECOMMENDED ACTION(S): Adopt a resolution approving the blanket authority of the City Manager to apply for grant funds from the Los Angeles County Regional Park andOpen Space District for Measure A funding for projects and programs.
REPORT SUMMARY: On November 8, 2016, voters of Los Angeles County approved the Safe, Clean Neighborhood Parks, Open Space Beaches, River Protection, and Water Conservation Measure (Measure A). Measure A also designates the Los Angeles County Regional Park and Open Space District (RPOSD) and establishes the Los Angeles County Board of Supervisors, acting as the RPOSD, as the governing body to administer Measure A grants.
The City of Avalon has received Measure A funds in the past to support the development and improvement of the Skate Park, City Park, Kids Park and the picnic area of Lover’sCove.
In 2025, RPOSD is implementing a new process to administer funding for projects and programs. This process requires the City Council to authorize the City Manager, or his designee, to apply for grant funding.
FISCAL IMPACTS: Undetermined.
GOAL ALIGNMENT: Improved infrastructure and recreational opportunities.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not be able to apply for Measure A funding.
FOLLOW UP ACTION: Provide a copy of the resolution to the Los Angeles CountyRegional Park and Open Space District.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENT: Resolution.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON CALIFORNIA
APPROVING THE BLANKET AUTHORITY TO FILE APPLICATIONS FOR GRANT FUNDS
FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT
FOR MEASURE A FUNDING FOR PROJECTS AND PROGRAMS
WHEREAS, the voters of the County of Los Angeles on November 8, 2016, approved the Safe, Clean Neighborhood Parks, Open Space Beaches, Rivers Protection, and Water Conservation Measure (Measure A); and
WHEREAS, Measure A also designated the Los Angeles County Regional Park and Open Space District (the District) to administer said funds; and
WHEREAS, the District has set forth the necessary policies and procedures governing the application for grant funds under Measure A; and
WHEREAS, the District’s policies and procedures require the governing body of the City of Avalon City Council to approve of the filing of an application before submission of said application to the District; and
WHEREAS, said application contains assurances that City of Avalon must comply with; and WHEREAS, City of Avalon will enter into Agreement(s) with the District to provide funds for acquisition projects, development projects, and/or programs.NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the City of Avalon HEREBY:
1. Approves the blanket authority to file applications with the Los Angeles County Regional Park and Open Space District for Measure A Funds for projects or programs; and
2. Certifies that City of Avalon understands the assurances and will comply with the assurances in the application form; and
3. Appoints the City Manager, or designee, to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of projects or programs.
PASSED, APPROVED AND ADOPTED this 4th day of February, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:ABSENT:
Ann H. Marshall, Mayor
ATTEST:
Gabrielle Morones, City Clerk
Measure A Annual Allocation Grant Agreement
PARTIES TO AGREEMENT
RPOSD: GRANTEE:
Los Angeles County City of AvalonRegional Park and Open Space District 410 Avalon Canyon Road 1000 South Fremont Avenue, Unit #40 Avalon, CA 90704Building A-9 East, Ground Floor Alhambra, CA 91803
This Annual Allocation Grant Agreement (“Agreement’) is made and entered into by and between the City of Avalon (“Grantee”) and the Los Angeles County Regional Park and Open Space District (“RPOSD”). Grantee agrees to complete Annual Allocation projects as described in any Notice to Proceed (“NTP”), a subordinate agreement executed wholly within and subject to the provisions of this Agreement, approved by RPOSD, acting through the Directorof the County of Los Angeles Department of Parks and Recreation, and pursuant to Measure A.
RECITALS
WHEREAS, RPOSD, acting through the Director of the County of Los Angeles Department of Parks and Recreation and Measure A, is authorized by the County of Los Angeles Board of Supervisors, acting in its capacity as the governing body of the RPOSD, to implement Measure A and administer Measure A grants;WHEREAS, Grantee is a public entity eligible for Annual Allocation awards; andWHEREAS, this Agreement is authorized by Measure A; THEREFORE, in consideration of the mutual covenants, promises, and representations herein, RPOSD and Grantee agree as follows:
Definitions
Annual Allocations: Annual grant funds allocated pursuant to Section 5, subdivision (b) of Measure A.
Board of RPOSD: The County of Los Angeles Board of Supervisors acting in its capacity as the governing body of the RPOSD.
I
Good Standing: Good Standing is when an agency or organization is in compliance with all requirements stated in the guidelines, policies, and procedures of RPOSD for both Proposition A and Measure A. Good Standing is required of Grantees in order for payment requests to be processed and to receive or apply for any grant funds from RPOSD.
Grants Administration Manual (GAM): The document that details the policies and procedures for administering grants awarded by RPOSD. From time to time, it shall be amended or changed by RPOSD as described in this agreement.
Grants Management System (GMS): The online Grants Management System used by RPOSD to track Measure A grant-funded projects.
Measure A: The Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure to levy a special tax and issuing bonds approved by voters on November 8, 2016.
Notice to Proceed (NTP): A subordinate agreement executed wholly within and subject to theprovisions of this Agreement, for the performance of deliverables as described in the Notice to Proceed (Attachment A). Upon issuance by RPOSD, the NTP confirms approval of an identified project and a specified grant amount and authorizes Grantee to commenceperformance of said project. The NTP shall include the specifics of the approved project, such as the scope of work, funding award, and performance period for the project.NTP Performance Period: The timeframe within which Grantee is to complete a project asdetailed in each Work Plan. Project costs must be incurred within the NTP Performance Period for each project to be eligible for reimbursement.
Project: Acquisition, development, planning and design/or innovation projects utilizing Annual Allocation funding, and as set forth in an executed NTP.
Scope of Work: Grantee’s written description of tasks and deliverables for a project, as set forth in the Work Plan.Work Plan: A plan that details the proposed elements of a project: scope of work, deliverables,timeline, budget, land tenure, perpetuity plan, community engagement plan, funding acknowledgement, and attachments (as needed).
2 TERMS AND CONDITIONS
Article 1: Conditions
A. This Agreement applies to all grant funds allocated to Grantee for projects which Grantee has applied for, and which have been approved by RPOSD, as evidenced by the issuance of an NTP.
B. The Work Plan and its required attachments, and any subsequent changes or additions approved by RPOSD, are hereby incorporated in this Agreement as though set forth in full.
C. The GAM, and any subsequent changes or additions thereto, and the Measure A Resolution are also hereby incorporated in this Agreement as though set forth in full.
D. As per the approved NTP(s), RPOSD grants the Grantee a sum of money not to exceed the budget amount, in consideration and on the condition that the sum be solely expended for the purposes set forth in the NTP Scope of Work for the approved Work Plan and under the terms and conditions set forth in this Agreement.
E. Grantee acknowledges that it may be required to furnish any additional funds necessary to complete the project approved in the NTP.
F. Any non-recreational use of the project area must be preapproved in writing by RPOSD, and if approved, Grantee agrees that any gross income earned from such nonrecreational uses of the project shall be used for recreation development, additional acquisition, operation or maintenance at the project site, unless RPOSD approvesotherwise in writing.
G. Grantee agrees that any gross income that accrues to a grant-assisted development project authorized by the NTP during and/or as part of the construction, from sources other than the intended recreational uses, also shall be used for further developmentof that particular project described in the NTP, unless RPOSD approves otherwise in writing.
Article 2: Term of Agreement
This Agreement is effective upon the date it is fully executed by the Grantee and Director of RPOSD or their designees (“Effective Date”) and will remain in effect in perpetuity unless terminated by RPOSD upon written notice.Article 3: Counterparts and Electronic Signatures A. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The email or electronic signature of the parties shall be deemed to 3 constitute original signatures, and electronic copies hereof shall be deemed to constitute duplicate originals.
B. RPOSD and Grantee hereby agree to regard electronic representations of original signatures of authorized officers of each party, when appearing in appropriate placeson the Amendments and received via communications facilities (email or electronicsignature), as legally sufficient evidence that such legally binding signatures have been affixed to Amendments to this Agreement.
Article 4: Grant FundsGrantee will not be entitled to any payment by RPOSD under this Agreement except pursuant to an authorized NIP for each project. Grant funds will be disbursed and used solely by the Grantee in accordance with the Work Plan defined in the NTP for each project, subject to the provisions of this Agreement. Grantee may not combine or carryover funds remaining in one project to another. Grantee understands that grant funds are not a gift and agrees that RPOSDis granting funds for Grantee to complete the work authorized in each NIP.
Article 5: Expenditure of Grant Funds and Allocation of Funds Between Budget Items Grantee shall expend grant funds consistent with the approved NIP, which incorporates by reference the Work Plan. Any revisions to the budget that attempts to shift funds from approved budget items into a different category must be identified in a revised Work Planwithin the GMS and approved in advance by RPOSD. RPOSD may withhold payment for items which exceed the amount allocated in the Work Plan which have not received the approval required herein. Any RPOSD approved increase in the funding for any budgeted item mayresult in a corresponding decrease in the funding for one or more other budgeted items.
Article 6: Project Costs and Reimbursements
RPOSD shall reimburse to Grantee, in accordance with the authorized NTP’s budget, a total amount not to exceed the amount of the NTP, as follows:
A. RPOSD shall reimburse funds for eligible costs incurred to date, up to 90% of the grant amount specified in the NTP, upon the Grantee’s satisfactory progress and upon submission of an electronic claim form(s), which shall be submitted no morefrequently than every 45 days. RPOSD shall disburse the final 10% upon the Grantee’ssatisfactory completion of the project, submission of required documentation, and approval by RPOSD. Project costs must be incurred within the NTP Performance Period to be eligible for reimbursement.
B. Grantee shall request reimbursements by submitting a claim to RPOSD through the GMS and complete all forms and requirements of the claim process. RPOSD will only 4 reimburse for actual costs incurred and verified. The form shall also indicate cumulative expenditures to date and expenditures during the reporting period.
C. Claim for reimbursement must be signed by Grantee’s authorized representative.
Each claim form shall be accompanied by:
1. All receipts and any other source documents for direct expenditures and costs that Grantee seeks reimbursement for.
2. Invoices from vendor(s) that Grantee engaged to complete any portion of the work funded under this Agreement and proof of payment (credit cardstatement, cleared checks) and any other source documents for costs incurred and expenditures by any such vendor(s), unless RPOSD makes a specific exemption in writing.
D. RPOSD, in its sole discretion, may deny reimbursement requests that do not comply with reimbursement requirements or lack sufficient documentation.
Article 7: Indirect Overhead Costs
Grantee may request reimbursement of its indirect overhead costs in accordance with the GAM.
Article 8: Project Completion
Grantee shall complete the project by the Performance Period identified in the approved NTP.
Upon completion of a project, Grantee shall provide RPOSD with evidence of completion by submitting:
1. All deliverables specified in the Work Plan, each in a format(s) approved by RPOSD (for example, paper, digital, photographic);
2. Electronic submission of the final claim;3. All required documentation as required by RPOSD. 5 Article 9: Deed Restriction
Grantee shall cause to be recorded on the title of any real property acquired and/or developed with funds from the Measure, a deed restriction requiring compliance with the Measure A resolution, in perpetuity consistent with the applicable provisions in the GAM.
Article 10: Funding Acknowledgement
Grantee is required to acknowledge RPOSD’s financial assistance for each project that has been awarded funding consistent with the conditions set forth in the GAM, which may include, without limitation: (1) printed and promotional materials, (2) social media, and (3) projectsignage.
Article 11: Severability
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable.
Article 12: Change of Use/Disposal
To use the property only for the purposes of Measure A and to make no other use, sale, or disposition of the property, except as described in Paragraph (A). (A) If the use of the property acquired through grants pursuant to this resolution is changed to one other than a use permitted under the category from which the fundswere provided, or the property is sold or otherwise disposed of, an amount equal to the (1) amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the portion of such property acquired, developed, improved,rehabilitated or restored with the grant, whichever is greater, shall be used by therecipient for a purpose authorized in that category or shall be reimbursed to the ParksFund and shall be available for a use authorized in that category.
If the property sold or otherwise disposed of is less than the entire interest in the property originally acquired, developed, improved, rehabilitated or restored with the grant, an amount equal to the proceeds or the fair market value of the property interest sold or otherwise disposed of, whichever is greater, shall be used by the Grantee for a purpose authorized in that category or shall be reimbursed to the Parks Fund and be available for a use authorized in that category. Nothing in this Section shall limit a Public Agency from transferring property acquired pursuant to this order to the National Park Service or the State Park System, with or without consideration.
In either instance, Grantee must provide documentation to RPOSD detailing the benefits that the disposal or partial disposal of property will provide to the residents of Los Angeles County, consistent with Measure A.
Article 13: Community Outreach and Engagement
Grantee must conduct community outreach and engagement that meet the minimum requirements, as defined in the GAM, with the intent to ensure that communities throughoutLos Angeles County are aware of and can help determine spending priorities for their projects, and to facilitate a transparent process by which agencies report use of Measure A funds.
Article 14: Indemnification and Hold Harmless
Grantee shall indemnify, defend and hold RPOSD, its officers, and employees harmless fromand against any and all liability to any third party for or from loss, damage or injury to personsor property in any manner arising out of, or incident to, the performance of this Contract or the planning, arranging, implementing, sponsoring or conducting of the Project or any otheroperation, or activity by the Grantee; and from all costs and expenses, including attorney’sfees, in any action or liability arising under this Contract or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, or activity by the Grantee. RPOSD shall have no liability for any debts, liabilities, deficits, or cost overruns of the Grantee. Grantee and RPOSD agree that the liability of the RPOSD hereunder shall be limited to the payment of the grant monies pursuant to the terms and conditions of this Agreement and the GAM. Any contracts entered into, or other obligations or liabilities incurred by, Grantee in connection with the Project or otherwise relating to this Agreement shall be the sole responsibility of Grantee, and RPOSD shall have no obligation or liabilitywhatsoever thereunder or with respect thereto.
Article 15: Performance and Development
A. Grantee agrees to promptly submit any reports or documentation that RPOSD may req uest.
B. If the project described in the approved NTP includes development, Grantee shall ensure that projects adhere to environmental and sustainability efforts consistent with the Safe, Clean Neighborhood Parks, Healthy Communities and Urban Greening Program; Natural Lands, Open Spaces and Local Beaches, Water Conservation and Watershed Protection Program; Regional Recreation Facilities, Multi-Use Trails and Accessibility Program. Examples including but are not limited to: sustainability, cost saving energy efficiency, weatherization, stormwater capture, water efficiency, including irrigation efficiency, use of reclaimed waterorstormwater, and use of climate and site appropriate native California tree and plant materials. 7 C. If the project described in the approved NTP includes acquisition of real property, Grantee agrees to furnish RPOSD with evidence of title, such as preliminary title reports. RPOSD, at its sole discretion, shall determine whether the evidence is acceptable under this Agreement. Grantee agrees in negotiated purchases to correct, prior to or at the close of escrow, any defects of title that in the opinion of RPOSD might interfere with the operation of the Project. In condemnation actions, such title defectsmust be eliminated by the final judgment.
Article 16: AmendmentsAs provided herein, no amendment (including without limitation, deletions) of any of the terms or conditions of the Agreement will be effective unless provided in writing signed by all parties. It is the responsibility of Grantee to ensure that any person who signs an amendment on its behalf is duly authorized to do so.
Article 17: Compliance with Laws
Grantee shall at all times comply with all applicable federal, state and local laws, statutes, rules, regulations, ordinances, directives, guidelines, and policies and procedures.
Article 18: Governing Law, Jurisdiction, and VenueThis Agreement will be governed by, and construed in accordance with, the laws of the State of California. Grantee agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agrees and consentsthat venue of any action brought hereunder will be exclusively in the County of Los Angeles.Article 19: NoticesAll notices permitted or required to be given under this Agreement shall be in writing by mailwith an email copy to [email protected].
Article 20: Audits, Accounting, Records
A. Grantee agrees to maintain accurate and complete financial records of its activities and operations relating to this Agreement and for each executed NTP in accordance with generally accepted accounting principles.
B. Grantee also agrees to retain such financial accounts, documents and records for a minimum of five (5) years following completion of each project.
C. Grantee and RPOSD agree that during regular office hours, RPOSD or its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Agreement or matters 8 related thereto. Grantee agrees to maintain, and make available for RPOSD inspection, accurate records of all its costs, reimbursements and receipts with respect to itsactivities under this Agreement.
At any time during the term of this Agreement or at any time within five years aftertermination of this Agreement, authorized representatives of RPOSD may conduct an audit of Grantee for the purpose of verifying appropriateness and validity ofexpenditures that Grantee has submitted to RPOSD for reimbursement under the terms of this Agreement.
D. Grantee, within thirty (30) days of notification that an audit has resulted in the exception of expenditures, may dispute the audit findings in writing to RPOSD and provide RPOSD with records and/or documentation to support the expenditure claims.
RPOSD shall review this documentation and make a final determination as to the validity of the expenditures.
E. If Grantee has received all grant monies prior to the audit, or if remaining grant monies are insufficient, and if said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement, Measure A or the GAM, Grantee shall pay RPOSD an amount equal to these expenditures within sixty (60) daysafter receiving written notification of the expenditures disallowed and the reason for the disallowance.
Article 21: Computer Software
Grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this Agreement, RPOSD funds will not be used for theacquisition, operation or maintenance of computer software in violation of copyright laws.
Article 22: Nondiscrimination
Grantee shall not discriminate against any person on the basis of race, color, sex, sexualorientation, age, religious belief, national origin, marital status, physical or mental handicap, medical condition, or place of residence in the use of any property or facility acquired or developed pursuant to this Agreement.
Article 23: Independent CapacityThis Agreement is by and between RPOSD and Grantee and is not intended to create the relationship of agent, servant, employee, partnership, joint venture, or association, asbetween RPOSD and Grantee. The employees and agents of one party must not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever.
Article 24: Assignment
9 Grantee shall not assign, exchange, transfer, or delegate its rights or duties under this Agreement, whether in whole or in part, without the prior written consent of RPOSD, in its discretion.
Article 25: Good Standing
Good Standing is required of Grantees to receive any grant funds and processing of claims from RPOSD.
Article 26: TimelinessTime is of the essence in this Agreement.Article 27: Publicity of Project Information Grantee shall give RPOSD the right and opportunity to use information gained from a project described in the approved NTP.
A. Grantee agrees to utilize best efforts to provide a minimum of 30 days’ notice of the project grand openings, inauguration, dedications, significance, and completion toRPOSD staff and to the County Supervisor’s Office in which the project described in a work plan is located, as well as to other appropriate public officials.
B. Grantee shall provide quality digital photographs of the pre-construction site and completed project described in the work plan to RPOSD. If unable to provide digital photographs (collectively, “Photographs”) then Grantee shall provide quality printedPhotographs of the completed project described in the work plan.
Article 28: Authorization Warranty
Grantee represents and warrants that the person executing this Agreement on behalf ofGrantee is an authorized agent who has actual authority to bind Grantee to each and every term, and condition, and obligation of this Agreement and that all requirements of the Grantee have been fulfilled to provide such actual authority.
Article 29: Conflict of Interest
A. No RPOSD employee whose position with RPOSD enables such employee to influence the award of this Agreement or any subsequent NTP, and no spouse or economic 10 dependent of such employee, shall be employed in any capacity by Grantee or have any other direct or indirect financial interest in this Agreement. No officer or employeeof Grantee who may financially benefit from the performance of work hereunder shall in any way participate in RPOSD’s approval, or ongoing evaluation, of such work, or in any way attempt to unlawfully influence RPOSD’s approval or ongoing evaluation ofsuch work.
B. Grantee shall comply with all conflict of interest laws, ordinances, and regulations now in effect, or hereafter to be enacted, during the term of this Agreement. Grantee warrants that it is not now aware of any facts that create a conflict of interest, If Grantee hereafter becomes aware of any facts that might reasonably be expected tocreate a conflict of interest, it shall immediately make full written disclosure of such facts to RPOSD. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances.
Failure to comply with the provisions of this Article 30 shall be a material breach of this Agreement.
Article 30: Validity
If any provision of this Agreement or the application thereof to any person or circumstance is held invalid, the remainder of this Agreement and the application of such provision to otherpersons or circumstances shall not be affected thereby.
Article 31: Waiver
No waiver by RPOSD of any breach of any provision of this Agreement shall constitute a waiver of any other breach or of such provision. Failure of RPOSD to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The rights and remedies set forth in this Article shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.
Article 32: Long Term Obligations
A. With the written consent of RPOSD, Grantee may transfer property acquired with funds granted under this Agreement to another public agency; to a nonprofit organization authorized to acquire real property for park, wildlife, recreation,community, open space, or gang prevention and intervention purposes; or to theCalifornia Department of Parks and Recreation, National Park Service, or the US Forest Service, at de minimis cost, provided that approval by RPOSD is obtained prior to the change and any such successor to the recipient assumes the obligations imposed under the Measure and to accept assignment of this Agreement. Under these conditions, Grantee shall not be required to reimburse RPOSD. Any such transfer must require the nonprofit or public entity acquiring the property to enter into a written contract withRPOSD and agree to comply with the terms of Measure A and this Agreement. 11 B. Grantee agrees to provide for reasonable public access to lands acquired in fee with grant monies, including the provision of parking and public restrooms, except whenthat access may interfere with resource protection.
C. All facilities shall be open to members of the public generally, as noted in the GAM.
Grantee agrees that property and facilities acquired or developed with Measure A funds as per this Agreement shall be available for inspection upon RPOSD’s request, in perpetuity.
D. Grantee agrees to maintain and operate in perpetuity the property acquired, developed, rehabilitated or restored with grant monies, subject to the provisions of Measure A and this Agreement.
E. Grantee agrees to take all reasonable measures to actively oppose, at its sole expense, any proposal or attempt to act upon, exercise, or assert claims as to reserved rights to the grant funded property that are contrary to the purposes of Measure A, GAM and! or this Agreement, including but not limited to oil, gas, and other hydrocarbonsubstances; minerals; water; and/or riparian resources. The above notwithstanding,Grantee has no obligation hereunder to initiate litigation challenging any project or proposal based on a reserved right lawfully recorded against the grant funded propertyin real property records maintained by the Los Angeles County Recorder’s Office.
Article 33: Breach
A. Grantee agrees that compliance with the terms of this Agreement will have significant benefits to Los Angeles County and its constituents. Because such benefits exceed the amount of funds furnished under these provisions, Grantee agrees that any breachwould result in incalculable loss, and therefore, any payment by the Grantee to RPOSDof an amount equal to the amount of the funds would be inadequate compensation.
In the event that Grantee breaches any of the terms, covenants, representations, or conditions of this Agreement, RPOSD may elect to enforce any and all remediesavailable at law or in equity, including without limitation, any of the following:
1. Prior to reimbursement of funds:
a. Withdrawal of an approved NTP;
2. After payment (partial or full) of a specific project approved through an NTP:
a. Seek specific performance of Grantee’s obligations under this Agreement; b. Receive reimbursement of grant funds awarded under the NTP.
B. If RPOSD brings an action to enforce the terms of this Agreement, Grantee shall be responsible to pay RPOSD’s attorney’s fees and costs, including expert witness costs, if RPOSD prevails in said action.
12 C. The foregoing remedies are cumulative and may be exercised independently or in combination and are not exclusive to one another or to any other remedies availableat law or in equity. In the event RPOSD must pursue any remedy hereunder and is the substantially prevailing party, RPOSD shall be awarded its costs and reasonable legal fees, including costs of collection.
Article 34: NTP Termination
RPOSD may withdraw, in whole or in part, an NTP and/or terminate this Agreement, and/or seek a refund of payments already made if RPOSD determines in its discretion that:
1. Facts have arisen, or situations have occurred, that fundamentally alter the expectations of the parties or make the purposes for an NTP or grant funds approvedas contemplated infeasible or impractical;
2. Any material modifications in the scope or nature of a project have occurred from that which was presented in the NTP and such material modifications have not received the prior written approval of RPOSD;
3. Any statement or representation made by Grantee in the NTP, the grant status update report, and back up documents, or is otherwise untrue, inaccurate or incomplete in any material respect;
4. The results of RPOSD’s review of the grant status update report are not acceptable to RPOSD;
5. The project described in the NTP will not or cannot be completed by the NTP Performance Period or any extensions granted thereto or delays in the implementation of the project have occurred which, in RPOSD’s judgment, make the project impracticable;
6. Title to or encumbrances against the property are or become such that the Grantee is unable to complete the project described in the NIP and/or the property becomesunavailable for public use.
Article 35: Regulatory Requirements
A. Grantee will not enter into any contract, agreement, lease or similar arrangement, or agree to any amendment or modification to an existing contract, agreement, lease or similar arrangement, that in RPOSD’s opinion, violates federal regulations restrictingthe use of funds from tax-exempt bonds. Any proposed operating contracts, leases, concession contracts, management contracts or similar arrangements with non governmental entities that restrict the public use of the project site for (30) thirty consecutive days or more, must be reviewed by RPOSD prior to awarding as they relate to the project or project site in perpetuity. Any such contracts in existence must be disclosed prior to construction.
13 B. Grantee (or its representative) shall comply as lead agency with the California Environmental Quality Act (CEQA), Public Resources Code, Section 21000, et. seq.
CEQA documents must be recorded with and stamped by the Los Angeles County Registrar Recorder.
Grantee shall add RPOSD to the notification list for CEQA requirements as stated in the GAM.
C. Grantee and RPOSD will conform to the requirements of Government Code Section 7920.000, et seq. in making all documents relating to this Agreement, the grant obtained and all other related matters available for public review during regular business hours. If an NTP involves acquisition of property, however, both RPOSD and Grantee may withhold from public review any and all documents exempted under Section 7928.705, prior to completion of said acquisition.
D. If RPOSD is required to defend an action on a Public Records Act request for any of the contents of a Grantee’s submission under the terms and conditions of the Agreement,Grantee agrees to defend and indemnify RPOSD from all costs and expenses, includingattorneys’ fees, in any action or liability arising under, or related to, the Public Records Act.
E. In order to maintain the exclusion from gross income for federal income tax purposes of the interest on any bonds, notes or other evidences of indebtedness issued for the purpose of providing the grant monies made available in this Agreement, Grantee covenants to comply with each applicable requirement of Section 103 and Sections 141 through 150, inclusive, of the Internal Revenue Code of 1986, as amended. Infurtherance of the foregoing covenant, Grantee hereby agrees that it will not, withoutthe prior written consent of RPOSD, (a) permit the use of any portion of the project(s) by any private person or entity, other than on such terms as may apply to the public generally; or (b) enter into any contract for the management or operation of the project or any portion thereof, except with a governmental agency or a nonprofit corporation that is exempt from federal income taxation pursuant to Section 501(c)(3)of the Internal Revenue Code.
F. Grantee and each County lobbyist or County lobbying firm, as defined in Los Angeles County Code Section 2.160.010, retained by the Grantee, shall fully comply with theCounty Lobbyist Ordinance, Los Angeles County Code Chapter 2.160. Failure on the part of Grantee or any County lobbyist or County lobbying firm to fully comply with the County Lobbyist Ordinance shall constitute a material breach of this Agreement, uponwhich RPOSD may terminate or suspend this Agreement. 14 IN WITNESS WHEREOF, Grantee and RPOSD have caused this Agreement to be executed by their duly authorized representatives as of the latter day, month and year written below.
GRANTEE:
By: ____________________________________ Signature of Authorized Representative Name:
________________________________
Title:
_________________________________
Date:
LOS ANGELES COUNTY REGIONAL PARK
AND OPEN SPACE DISTRICT:
By:
_________________________________
Director! Administrator
Date: ___________________ Agreement No. A05
15 ATTACHMENT A
Date
Grantee Information
NOTICE TO PROCEED
REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
AGREEMENT NO. (ENTER NUMBER)
NTP NO. (ENTER NUMBER)
STUDY AREA NO. (ENTER NUMBER)
(ENTER NAME OF ANNUAL ALLOCATIONS PROJECT)
This Notice to Proceed (“NTP”), a subordinate agreement executed wholly within and subject to the provisions of Agreement No.
__________(Enter
Number), dated (Enter Date)
(“Agreement”), confirms approval of your Annual Allocations Project, as described in your Work Plan dated (Enter Date), for the project described as (Enter Project) (“Project”).
1. Scope of Work
2. NTP Performance Period
This Project shall be completed by the NTP Performance Period (Enter Date).
3. Grant Amount
The total maximum amount RPOSD will reimburse Grantee for this Project is (Enter Amount), including related reimbursable expenses as specified. Any items wherecost estimates exceed the approved budget, require prior written authorization from R P OSD.
4. Reimbursement
a. Grantee must complete all required deliverables identified in the attached Work Plan.
b. The total reimbursement from RPOSD for all deliverables may not exceed Grant Amount, identified in the Grant Amount.
c. Ensure NTP NO. (Enter Number) appears on invoices submitted to RPOSD for purposes of reimbursement.
1 ATTACHMENT A
All terms of the Agreement which authorize this NTP, will remain in full force and effect. Theterms of the Agreement will govern and take precedence over any conflicting terms orconditions in this NTP. This NTP must be in compliance with the terms and conditions of the Agreement to be valid or binding.
At Grantee’s written request, this NTP may be amended subject to RPOSD’s sole discretion and prior approval. Amendments are to be limited to modifications of the Performance Period, Scope of Work, or Grant Amount.
APPROVED BY:
RPOSD Representative
Date:
______________________________
2 CITY OF AVALON CITY COUNCIL
MEETING DATE: February 4, 2025 AGENDA ITEM: ________ ORIGINATING DEPT: Harbor CITY MANAGER: V1tW PREPARED BY: Kevin Schmidt, Harbor Master
SUBJECT: 2025 Waterside Permit Renewals
RECOMMENDED ACTION(S): Authorize the Harbor Master to renew the attached list of Waterside Permits for 2025.
REPORT SUMMARY: Each year, prior to December, the Harbor Master reviews all existing Waterside Permits. These permits expire annually on December 31. If the Harbor Master determines that, because of changed circumstances, a permit should not be renewed, or should be renewed on different terms and conditions, he shall forward his recommendation thereon to the City Council for action, together with a list of all permits that he recommends should be renewed for another term without change.
2024 Waterside Permits Not Renewing in 2025
• Huttopia did not start operations on an approved waterside permit business.• Blue Water Adventures relinquished the Waterside Permit.• Avalon Sport Fishing relinquished the Waterside Permit.
Amendments to 2024 Waterside Permits Renewing for 2025
• Catalina Xtreme Parasailing dba Catalina Coastal Tours is identifying the third boat on their previously approved Waterside Permit. The vessel will be a 35’ Ocean Pro powerboat to be used for on-call tours, charters and parasailing. It is tentatively named “Ben-Jamin”. Prior to its use, proof of insurance, USCG documentation and certification for the vessel must be provided to the Harbor Master.
Section 3 of Resolution 04-30 states that all permit renewals are subject to verification by the Finance Department to make the permit holder is in good standing with respect to harbor use fees, rents, admission taxes, and insurance requirements. With respect to fees, rents, and admission taxes, good standing includes execution of and compliance with a payment plan.GOAL ALIGNMENT: Renew Waterside Permits.
FISCAL IMPACTS: N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: 2024 Waterside Permits in good standing will not be renewed for 2025.FOLLOW-UP ACTION: Notify all Waterside Permit holders of renewal status.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENT:
1. List of 2024 Waterside Permit Holders to be renewed for 2025.
WATERSIDE PERMITS AS OF DECEMBER 2024
O. RE T.LL5 WITHOUT
US3NE55 NAME NC’. OF EC’ATS NO. OF SKIcFS OPER4TORVES5aS 114 rn,ci AN5HCJC14PTER5 1 1
AV4ION 4NGLERS 0AALO4QUATICECUR5ONS 1 0MALON SOAT5TMD 0 3AVALO MCOPNG &VINGSERVICE 1 2AVALON OcEAN CFtARTER5 1 0 VV O 3PC’P.T FI5H4iI
CiN11F.INESEF&V1CE 0 1CATTIYV INC 4 1CATAUN4CLS5ICCRUSES E 0CATAUNA CUSTOM C RARThRS I 0CATAUN4 5LAND CCPNY 4 3 CTALiN3JETSh RENT.LCC,P2. 1 0CATAUN4WJB&DEACATLAN5TRUCflOFs &C1iIOES 0 0CATAUN4 SNOFIft s. scu. 0 0CATALINA XTEME P4RA5.IL CATALINA COTA1OURS 3 0CORSAPIO IXEAN ADENTURES 1 0 OISCOUt.T DIVE AND MARN 0 2FLAREOR BREEZE 4 0
HEbOPUN1PRS 0 1
15LANDCI-IARTERS INC 1 0i5LND WATER CH.J!TEF3 3 0LIVELY SCHOONER INC db; VNTAGE VE5EL AYIAGES I IMEMOY MAKER FISHING CHARTERS 2 0MO. DION & SONS INC. DEA AVAWN I{&R8C FLEL Cix): 0 1 P4PAS41L CATALINA 3 1
SOJEA. C4T. NC 1 0SEA CATALINA INC. (fr rly D:r,EIe;d Ocr: cp.j 3 0SKIRFERS 5EABI.E dbCAT4UNAADVENTUREs.AILING 1 0TAILOcIEO CATALINA CHARTERS 1 1 WETSFC’TRENTALS 1 1 20TOTAlS 45 19 114
Ctir Ci;ricCce ;& i c’c’e c, t,e t ..tiLe Is trp
H;rcc &ee ;re oerr,r.itI dc’ced r- th riIrc
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 4, 2025 AGENDA ITEM: ________ ORIGINATING DEP: Administration CITY MANAGER: V2h’W PREPARED BY: David Maistros, City Manager
Devin Hart, Management Analyst
SUBJECT: Professional Services Agreement for On-Call Planning Consultant RECOMMENDED ACTION(S): Authorize the City Manager to negotiate and execute a professional services agreement with Sagecrest Planning and Environmental, LLC for on-callplanning consultant services for a three-year term for an annual cumulative total not to exceed $1 50,000.00.
REPORT SUMMARY: On March 21, 2023 the City Council authorized the City Manager to execute a professional services agreement with Sagecrest Planning and Environmental, [[C (“Sagecrest”) for on-call planning consultant services for a not to exceed contract sum of$125,000 for a one-year term with two optional one year renewal terms.On February 20, 2024, the City Council authorized the City Manager to renew the agreement foran additional one-year term for an annual sum not to exceed $150,000.
Prior to City Council authorization, the City of Avalon had been seeking technical planning and environmental review expertise through advertising for a full-time Planning Director position.
However, though a job posting for a vacant Planning Director position had been advertised an approximate 10 month period, from May 2022 to March 2023, the City had not been able to identify a candidate.
The agreement with Sagecrest allows the City to utilize a broad range of consultants withexpertise in varying areas of planning, development and land use entitlements.
During Sagecrest’s tenure as the City’s on-call planning consultant, they have provided significant assistance to staff regarding a myriad of planning and environmental items including, but not limited to:
- Processing of planning entitlement applications, including Conditional Use Permits, Tentative Parcel Maps, Site Plan Reviews, and Coastal Development Permits; - Restarting the Local Coastal Program amendment process to address seal level rise and climate change planning;
- Meeting with prospective planning entitlement/building permit applicants to answer planning questions in person, via email and phone;
- Regularly reviewing legislation to keep the City up to date on State planning regulations;- Preparing multiple municipal code updates to fulfill the requirements of the reporting for the Housing Element Implementation Plan;
- Preparing the 2023 General Plan and Housing Element annual reports; - Coordinating with City staff on research into potential updates to the City’s Transient Rental Licensing program;
- Continuously meeting and conferring with Island Stakeholders regarding potential development and land use including, Catalina Island Health.
The cost for services provided by Sagecrest compared to the potential cost of a fully weighted full-time Planning Director salary ($180,000) results in a significant cost savings to the City.
Additionally, due to Sagecrest’s experience in the field, the City has experienced a significant cost savings in planning related legal fees.
Due to anticipated increased volume in high level planning items, including multiple large-scale housing developments, potential hospital construction, and significant potential legislative changes to the Transient Rental License Ordinance, City staff recommend authorizing the City Manager to negotiate and execute a contract agreement for a three-year term for $150,000.
GOAL ALIGNMENT: Sustainability of operations.
FISCAL IMPACTS: FY 2023-24 Planning Services budget has contract sum budgeted (accountnumber 10255-5055).
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not have specialized planning support.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: None.
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 4, 2025 AGENDA ITEM: 9
ORIGINATING DEP: Public Works CITY MANAGER: V’W2?(
PREPARED BY: Jamie Hmielak, Maintenance Superintendent
SUBJECT: Authorization to Provide On-Site Engineering and Support Services for WWTP Control System
RECOMMENDED ACTION(S): Authorize PERC Water to contract The LeMasters Company toprovide on-site engineering and support services for the control system at the Wastewater Treatment Plant from Sewer Fund 108-25-6521 for an amount of not-to-exceed $71775.
REPORT SUMMARY: PERC Water maintains the City’s Wastewater Treatment Plant(V’MITP), and have requested to have The LeMasters Company (TLC) help improve the control system at the plant. The improvements require integration of a new piece of equipment into itsexisting control system to maintain operational efficiency and compliance with regulatory requirements. The proposed scope of work includes updates to the programmable logic controller (PLC) programming and human-machine interface (HMI) screen configuration, as well as personnel training to ensure seamless operation of the upgraded system.
PERC Water has requested to engage TLC to perform the following scope of work:
1. General ElectricallControls Engineering Support:
o Provide on-site engineering services to assist with the integration of new equipment.
2. PLC Programming and HMI Configuration:
o Perform PLC programming and add HMI screens to incorporate new equipment into the control system.
o Update or modify existing HMI control screens for smoother and more logical operation.
3. AUTOCAD Drawings:
o Generate new AUTOCAD drawings as required.o Update and finalize existing or redlined drawings in the current drawing package.
4. Personnel Training:
o Train plant personnel on the operation of new equipment and HMI control screens.
PERC Water will contract and oversee TLC to perform this work. TLC will provide on-site services for one week (five working days) per month from February 2025 through June 2025, for a total of six trips. The total cost for these services is $71 775, which includes all labor,travel, contractual markup, and other related expenses.
GOAL ALIGNMENT: Improved efficiency and reliability of plant operations.
FISCAL IMPACTS: A cost not to exceed of $71,775. Sufficient funds exist in FY 24-25 Sewer Fund 108-25-6521.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Would delay critical updates to the WWTP control system, potentially affecting plant operations..
FOLLOW UP ACTION:. Authorize PERC Water to have TLC perform on-site engineering and support services as requested.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
- PERC Water Additional Services Request Form- Proposal from TLC.
Additional Services Request Form ‘3)percwater
5uLLr OPtilult
Project Name Additional Services Project Number Emergency Quote Date Sum Of Project Cost Phoenix System Support 2025 2025-03 NO 1/24/25 $71,775.00 Task Description Position Position Position Position Position Position Extended Price The LeMaster Company will provide on-site engineering and support services Project Operator Field Tech Field Tech Field Tech Field Tech 2 for the quoted referenced control system. Work to be performed will Consist of Manaoer 1 Reoular 1 UT 2 Reoular UT general electrical/controls engineering Support, PLC programming and HMX screen additions and Configuration services o allow for the integration of new equipment into the control system. This job will be a capital improsement.
Total Hours 0.00 0.00 0.00 0.00 0.OC 0.00
Hourly Rate $261.00 $139.00 $116.00 $174.00 $116.00 $174.00 Estimated PERC Labor Cost $0.00 SC.00 $0.00 $0.00 $0.00 $0.00 S0.00 Part Quantity Vendor Materials Unit Cost Unit Price Extended Price Work begins in February 2025 and Continues through to June 2025, with a total of 6 trips, 5-working days each trip approximately each month. All hardware and any new software, if needed, will be provided by PERC Water. All travel, lodging, and sustenance expenses are included in the total amount. Tax SubTotal
10% Markup
Totol
Sub-Contractor Cost Extended Price irar,,urr ,,t ch,rg, ,r,,v. , er S,,re. S,i,r,,rwO b, wdr ,rrr-. r,,rrr 0C,,.Prrr rr,m, •O0SC QUOTE AMOUNT: $65,250.00
Description of
Subcontractor: Subcontractor work:
SubTotal $65,250.00
10% Markup $6,525.00
Total Sub Cortractr Cost $71,775.00
PROJECT TOTAL $71,775.00
Public Works Director Date
City Manager Date
The LeMasters Company
January 24. 2025
Pcrc Water Corporation
17520 Newhope St. Suite 180
Fountain Valley. CA 92708
Attention Mr. David West
Reference: City of Avalon MWTP Control System Support for 2025 Dear David.
The LeMasters Company (TLC) is pleased to submit this proposal br control system upgrades and modibications to the MWTP Control System lbt the City of Avalon in the 2025 calendar year.
Overview and Cost
fLC will provide on—site engineering and support services bbr the above referenced control sstem. Work to he perborined will consist ol general electrical/controls engineering support. PT .C programming and TIMI screen additions and configuration services to allow bbr the integration of new equipment into the control system. 1LC \Vill also generate any new AUTOCAD drawings that are required as well as update any existing or redlined drawings in the existing drawing package.
In addition to these services TI .C’ will provide personnel training tbr operation of any new equipment and 1-IMI control screens as ell as update or modif any exiting II Ml control screens to allow lhr smoother and more logical operation ob’ the plant.
The services relerenced above will he provided bbr a period ol one week (live working days) at a time. approximately once a month beginning February. 2025 and continuing thru Tune. 2025 (6 trips total).
Total cost to provide support. as detailed above, is 565,250.00. Invoices will be generated at the end of each trip to he applied against this amount . All hardware and an) new sobtware. if needed, will be provided by Pcrc Water. All travel. lodging and sustenance expenses are included in the above amount.
Thank you bbr your consideration of’lhe I.eMasters Compan . If ott have any questions. or if) Ott require any additional inbormation. please contact me by phone at (713) 724-5583.
Sincerely.
THE LEMASTERS COMPAY, LLC
444 W, LH
Ronald W. LeMasters
13414 Lost Creek Rd., Tomball, Texas 77375, Phone: (713) 724-5583
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 4, 2025 AGENDA ITEM: / 0
ORIGINATING DEP: Public Works CITY MANAGER:
PREPARED BY: Robert Greenlaw, CIP Director
Devin Hart, Senior Management Analyst
SUBJECT: Global Paving RFPRECOMMENDED ACTION(S): Authorize the City Manager or his designee(s) to develop and solicit a request for proposals from qualified firms to implement city-wide paving repairs.
REPORT SUMMARY: The need exists for the City to perform paving repairs throughout the City of Avalon. The proposed scope of work for this project will focus on repairing and rehabilitating areas impacted by utility cuts and pot holes throughout the City as well as application of a crack seal compound. This work will prepare the roads for a morecomprehensive city-wide slurry seal project. The slurry seal project will be done by separate procurement process. The City last completed a comprehensive city-wide street repair in 2018.
As stipulated by The Franchise Act of 1937, a significant portion of the scope of work outlined in the proposed city-wide paving repair procurement will be reimbursable from the applicableutility purveyor(s) that initiated the street cuffing.
After a qualified firm is selected, the City will engage with utility purveyor(s) to develop a reimbursement agreement. The final reimbursement agreement and contract to perform the work will be provided to the City Council for their approval.
Time is of the essence as City Staff hope to engage a qualified firm to begin and complete work before the summer season.
This project is budgeted at $850,000 in the City’s FY 2024-25 CIP Program, Project # 180041, Fund #11550-6746.
GOAL ALIGNMENT: Improved infrastructure.
FISCAL IMPACTS: This project is budgeted at $850,000 in the City’s FY 2024-25 CIP Program,Project # 180041, Fund #11 550-6746.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Roads will not be repaired or ready for a more comprehensive rehabilitation program.FOLLOW UP ACTION:. Develop and solicit a RFP.
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: February 4, 2025 AGENDA ITEM: t I
ORIGINATING DEP: Harbor CITY MANAGER: V(2
PRE PARED BY: Kevin Schmidt, Harbor Master
SUBJECT: Waterside Project Application — Catalina Island Mermaids dba Avalon Barebottoms
RECOMMENDED ACTION(S): Make the affirmative finding that conditions set forth in the Avalon Municipal Code have been met and grant the Waterside Project Application to Catalina Island Mermaids, dba Avalon Barebottoms, with the following conditions:
1. Notification will be made to Harbor Office Personnel prior to dive operations being conducted. The Harbor Master retains the ability to restrict or curtail operations when conditions dictate.
2. Current registration for the skiff used in dive operations will be provided to the Harbor Master annually.
3. Skiff used in dive operations will be secured to one of the public dinghy docks and meet all requirements for use of these docks.
4. Personnel conducting dives will have current and applicable professional certifications for dive operations and take all necessary safety precautions while operating within the Harbor.
5. Applicant will obtain a business license for Avalon Barebottoms separate from Catalina Mermaids LLC. This waterside permit applies to the conditions of use for Avalon Barebottoms. Activities related to Catalina Mermaids will begin and end from the shore.
6. Applicant abides by the Standard List of Conditions for Waterside Permit Holders.
REPORT SUMMARY: The applicant has submitted a Waterside Project Application proposing Catalina Island Mermaids LLC, dba Avalon Barebottoms, to provide limited dive services to boaters and others in Avalon Harbor. The services provided will include boat bottom cleaning, underwater maintenance/zinc replacement and underwater search and recovery for lost items.
There is currently a need for these services in the Harbor. This project will have no substantial negative impact on Harbor use and will provide essential services to boaters and others using the Harbor. The recommendation is to approve this project conditional on all stipulations being met.
Section 10-2.416 of the Municipal Code provides that a waterside permit may only be granted where the City Council is able to make the following affirmative findings:
(1) The project will not result in a substantial alteration of the City’s present or planned waterside uses of the Avalon Harbor;
(2) With regard to transportation and circulation, the project (i) will not generate substantial additional boat trips, including shoreboat trips, or other movement within AvalonHarbor; (ii) will not have a substantial negative impact upon existing mooring, docking, orother anchorage facilities; (iii) will not have a substantial impact on other modes and systemsof transportation; (iv) will not result in substantial alterations of present patterns of circulation or movement of people and /or goods; (v) will not increase traffic hazards to swimmers, boaters, or other existing activities; and (vi) will not restrict or alter existing coastal access; (3) The project will not have a substantial impact upon, and will not result in, a need for new or altered governmental services, including but not limited to fire, police, maintenanceof facilities, and harbor department services; (4) The project will not result in the use of substantial amounts of fuel or other forms of energy or substantially increase the demand upon existing energy or require thedevelopment of new sources of energy; (5) The project will not result in the need for new utility systems or a substantial alteration of existing sources or systems for power; natural gas, communications, water; sewage disposal or solid waste;
(6) The project will not obstruct any scenic vista or view open to the public, and will not result in the creation of an aesthetically offensive site which is open to public view, (7) The project will not result in a substantial negative impact upon the quality and quantity of existing recreational opportunities or result in alterations or restrictions to coastal access;
(8) The applicant is fit to be entrusted with the privileges of a permit, in that he has not engaged in prior violations of the City’s harbor regulations, including the provisions of this article, has timely paid any harbor-related fees and has not presented checks returned for insufficient funds.
The Municipal Code also provides that the “City Council may deny the permit where the impacts listed in paragraphs (1) through (8) above are cumulatively significant, even though the individual impacts are limited. The City Council may approve a project where mitigation measures eliminating significant impacts are incorporated into the project, and the approval shall be conditioned upon the implementation of such mitigation measures. The failure to comply and maintain any mitigation measures shall be a basis for suspension or revocation of a waterside permit.”GOAL ALIGNMENT: Provide essential services to the public using Avalon Harbor.
FISCAL IMPACTS: Increase in revenue from potential Harbor Use fees.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Public will have to use other vendors for these service if available.FOLLOW UP ACTION: Notify Catalina Island Mermaids LLC, dba Avalon Barebottoms, of the City Council’s decision.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENTS:
1. Waterside Project Application
2. Waterside Permit Standard List of Conditions
V
tITV OF AVALON
\VATFRS IN PERMUf APPLWATION
An applie lion ke I 2i7.tbi is due a! the time :he aniicatiou is submitted to the Harbor 1)eirtmcnt . App Icat ms dndd he en to the :\valen ii;hor l)e inent. P.o. Hos Ul5.
Avaon. (i\ 91)71)-I. or de 1k med the I turbo rMuster . A alon. CA, Deadlmc for new applwatwns is I)eccm her 5th of each year.
PIeasee nIpietc this upphcnhon m kill detaI. Questions that retInue further details shouki be answered on an attached sheet
I Nim PP i L V t t L
2. 7 Name of siness;Oect: (L; (‘iJ(L€ THT)
\lnlms \ddIs / I 1 l\ / p r
4. Phone (I lome VLH1 i11l alon business Q I
5. i:nail Address: t/t
6 Ph\:sici Audon I .oeation uI Operations: \.
7. l>rniect1usiness I medption: ( ‘iTL)k D’iThtA C.Cs)‘ fsJ. . On the map pro ided, sketch th p eut:hitsuess aeti itie. shos in the ar posed locations of nil vaterbnrtm traluic and activity.
9. Duranon:
hours of Operation f4
h)avs ohOpcrauon ,. ‘fsMonths oi (.)pcrittion .. ‘‘rI
I 0. Does this activils include evernieht uceonimodations en boat .1 or shore ii? )escrihe the number. bentnh. and types 01 s acu rafl hk.h a ill Ocacided to the 0. lv waters? (NuiT t 5) 5?;
.
t s • 1)• ‘i’)
Numher I rips per dim 1 t.\ui •chcdule P Co. \:
I I ot st hd k nlnr in b i uh j t b w I h t
OH l ii ‘V 0
l y \ 0 v I I ‘
‘‘
\2\NLY’j t..._—
— — I
13. I low will people be transported to Uc facility: .çjt flow often? PAfl’ t3eS.C
Number of passaers per trip? — .. . ._ . . .
14. What hcrthinWnit’oring will tic rcquiiM .J O . — Is. lfh proposed husinccs.:activiry wqu;rcs a new tflwIuft’ or tnotlificauon in harbor beilities or the harbor itseIf incl,.din the moles and pitt. attach the proposed plans.
16. flow many nin cml)lovees would k: Avnlon-hast•d? .. — - .. 4 ‘S
17. Communications: C41t4C
VIIFChannels:...._......J4j.. . Phone:..JV1_t_5 .frq1
If ansvcring machine, hours ofvlwrttion: t%&—c hJ\
IS. If a sign isill be required. lict ‘he size and submit a drai ins. jease_nob IiiM!Jtigu jermi’_Ant3jajj jgj’j_tç bSij#;c’clfr li t’,s!yihiçil hb&J!bilu1stLpMu’saVi’?r approval.
19. Please attach all permits amd cenhlicaLicnss :eturcJ It’ fcmlI’ pcrlhrm the acti ity being applied for in Ihi% appl’eaion.
.MtS’I *$nLS282OI7 Rcsi.cd 21097
.pl)licant Acknowledgement
Applicant agrees that if’ this Waterside PermiL is Lranted. he/she vilI conduct hisiher business in accordance with all federal. suite. and local law& including the Citys planning and zoning laws.
Applicant also agrees to abide by the terms of this Perniit and all rules. regulations, and/orrestrictions placed upon it by the C. ity Council. Applicant must follo all regulations regarding theuse of(‘ity hlicilities. This Permit may be revoked. suspended. or liirther conditioned at any time Li> the (‘it> Council 11w violations oldie Ibregoing. or immediately in the Cii> Manager’s discretion if the public’s health. safet>. or vell-being is threatened by the actions or inactions of the Applicant. Failure topsy use fees shall also be a violation ofthe terms ofthis Permit. Any decision made by the City Council reganiing this Permit is final and eonclucie, Decisions oh the CityManager may be appealed to the City Council it’ the City is notified iithin ID days ol’ the CityManagers decision, but the C’it> ‘s Manager’s decision shall remain in eIll.tt until the next regular meeting ofthe City Council at hicti an appeal ma> he heard.
Applicant Name: 1LA i&J ‘fltorJ
BusinessIActivityName:*AMklS3P.)_PA2.E13crrb’’S’ CSr4!-3-”’ •
. Applicant Signature: t’C’,L?’.2,.z__4)ate: .it’j±i.jatj. — -“—.-— LI.’ Application Presented at the (it> Council \ieetine ciii:
Application Approved:
Application Denied:
Application Appmved with Attached Conditions: _______ _______ (‘ii> Manauer l)ate SJ5VkftJ)4(Qi.j7 I Ri.np.ed2’IU’17
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Standard List of Conditions Relating to Waterside Project Applications
1. Section 1-6.01 Public Liability Insurance
Applicants for permits or franchises and parties to leases and contracts with the City of Avalon may be required by the Avalon Municipal Code or the City Manager to maintain a policy of public liability insurance. Such policy shall:
(a) Contain broad form commercial general liability insurance, or in the case of marine operations, the substantial equivalent, with respect to the Premises, as applicable and the permittee, franchisee, contractor or lessees’ activities with a combined single limit of not less than $1 000,000 per occurrence and aggregate. Such insurance shall be produced by aninsurer authorized to do business in California with a then current Best’s Insurance GuideRating of not less than A-Vll. , shall name the City of Avalon, its officers, agents and employees as additional insured, and shall contain a provision that prohibits cancellation, modification or; and
(b) Name the City as additional insured and contain a waiver of subrogation against the named insured or respective officers, employees, agents; and (c) Provide that it may not be canceled without at least thirty (30) days prior written notice to the City; and
(d) Provide primary and not excess coverage Insurance coverage shall be subject to the approval of the City.
The applicant shall provide evidence of such insurance coverage by providing the City with a copy of the policy and/or a copy of a fully explanatory certificate of insurance, as determined by the City.2. Section 10-2.402 Use of Harbor Related Facilities: Use Fees Wharfage, dockage, landing and use fees for the use of or impact upon any harbor or harborrelated facility owned or controlled by the City of Avalon shall be as follows:
(a) Except as otherwise specifically provided in this article, for all boats, ships, vessels, airplanes or other transportation facilities carrying passengers for hire or charter, whether operating under the authority of the California Public Utilities Commission or not, which land, discharge, load, or embark passengers on, to, or from such City harbor facilities Two Dollars Fifty Cents ($2.50) for each passenger so landed, discharged, loaded or embarked. Commencing on March 1,2019, and ending on February 28, 2021, the fee shall be increased as follows:
(1) $3 for each passenger so landed, discharged, loaded, or embarked (b) Except as otherwise provided in paragraph (6) below, for all cruise ships, the fee as laid out in subsection (a) above, which fee shall be levied upon one hundred (100%) percent of the manifest passengers, excluding persons employed upon the vessel. As used in this section “cruise ship” means a vessel which lists Avalon as a port-of-call and which anchors so as to permit passengers to disembark and to return to the same vessel. Commencing onJuly 1, 2017, the fee shall be increased as follows:
(1) Three ($3.00) Dollars for each passenger so landed, discharged, loaded or embarked between July 1, 2017 and June 30, 2018;
(2) Three Dollars and Fifty ($3.50) Cents for each passenger so landed, discharged, loaded, or embarked between July 1,2018, and June 30,2019; (3) Four ($4.00) Dollars for each passenger so landed, discharged, loaded, or embarked between July 1,2019 and June 30, 2020;
(4) Four Dollars and Fifty ($4.50) Cents for each passenger so landed, discharged, loaded, or embarked between July 1, 2020 and June 30,2021; (5) Five ($5.00) Dollars for each passenger so landed, discharged, loaded, or embarked on or after July 1, 2021; and
(6) In consideration for a cruise line deploying a second ship to Catalina for fifty (50) or more calls per year, the City of Avalon will pay to the cruise line an annual marketing incentive equal to fifty (50%) percent of the wharfage fees collected for the second ship, payable quarterly, in arrears.
(c) For businesses engaged in the operation of excursion boats using such facilities for landing, discharging, ioading or embarking passengers on, to, or from suchfacilities, seven (7%) percent of the gross receipts of such business derived from such use. Forthe purpose of this section, “excursion boats” shall mean vessels operating from points in the City and returning thereto for sightseeing scenic tours or as pleasure cruises and carryingpassengers for hire, but not providing facilities for overnight stays. (d) For businesses engaged in the operation of “shore boats,” as defined herein, and using such facilities for landing, discharging, loading or embarking passengers on, to, or from such facilities, seven (7%) percent of the gross receipts of such business derived from such use, excepting therefrom receipts for transportation of passengers to and from “cruiseships,” as defined in subsection (b) herein, or as otherwise provided in an applicable franchiseagreement issued pursuant to Section 10-2.410. For the purpose of this section, “shore boats”shall mean vessels carrying passengers or freight for hire to and from boats moored within or without City waters to the shore in Avalon, between such boats in City waters or between points on the shore in Avalon.
(e) Operators of fishing tournaments whose participants use City harbor facilities during the course of such tournaments shall comply with the provisions of Title 3, Chapter 3 regarding admissions taxes as applied to entry fees charged for participation in such tournament.
(f) For all other businesses not otherwise expressly provided for in this Section 10-
2.402 carrying passengers for hire by vessel from points in the City and returning thereto, or from one point in the City to another point therein, or engaged in the renting, leasing, or chartering of boats, paddle boards, rafts, or other floating watercraft for hire and using City harbor facilities, or whose patrons regularly use such facilities for launching, landing, boarding, unloading, embarking or disembarking, docking, or other similar uses, or whose business activities involve the use of such facilities, seven (7%) percent of the gross receipts derived from such use.
(g) The fees for the use of such facilities by those not falling within the classifications set forth in subsections (a) through (d) of this section shall be determined initially by a schedule adopted by the Council or shall be incorporated into the flat rental of any contract, permit, lease, franchise or other agreement entered into for use of the facilities.
3. Section 10-2.410 Permits; Franchises to Conduct Business (3) All businesses operating in the harbor, except those enumerated in paragraph (b) of this section, shall maintain a shore base of operations or an office in Santa Catalina Island.Such office shall have a business telephone, which is covered twenty four (24) hours a day.
An answering service or mechanical means of answering may be used provided messages are checked no less than three (3) times per day.
(4) In addition to the provisions of Section 10-2.402, all businesses operating within the harbor, except those operating pursuant to a franchise issued by the City shall:
(ii.) In the case of waterside permit holders other than cross-channel carriers, pay to the City a non-refundable use fee deposit of One Thousand ($1000.00) Dollars, payable in two (2) installments of Five Hundred ($500.00) Dollars each, the first installment on the inception of operations within the Avalon Harbor and the second on August 1. The use fee deposit may be applied against use fees due and owing under Section 10-2.402 at such time that the permittee has made timely payment of use fees for thirteen (13) consecutive months. (iii.) In all cases where the business operates seven (7) or more months during any twelve (12) month period, pay to the City use fees under Section 10-2.402 no fewer thanseven (7) months of any twelve (12) month period, and in no event less than the sum of twenty five ($25.00) Dollars per month for each month the business is operating and reports sales receipts.
(iv.) In all cases where the business operates fewer than seven (7) months during any twelve (12) month period, pay to the City a use fee of Two Hundred ($200.00) Dollars for each month the business is closed or does not report any sales receipts. (5) The charges authorized by paragraph (4) of this section shall be in addition to any payments pursuant to the provisions of any lease agreement. (6) All vessels over sixteen (16) feet in length operated for hire or used to conduct work in the harbor shall be equipped with a marine radio which shall be monitored at all timesthat the vessel is in operation. (7) All businesses operating in the harbor shall maintain all equipment, materials, facilities, machinery and vessels utilized in the operation of the licensed business in a good working condition, and such businesses shall only employ workers who are qualified to conduct the duties appropriate to the licensed business.
4. Resolution 96-36 Mandatory Activation Dates for Waterside Permits Section 4. All newly permitted businesses must have proof of insurance, other requiredpermits and/or leases, and all required deposits in place prior to commencing business operations in Avalon Harbor. All new permits issued before January 31 will expire on April 1 of the year of issuance unless the business is operating as of that date. All new permits issued after January 31 will expire sixty (60) days after issuance unless the business is operating asof that time. The Harbor Master shall have the authority to grant one extension of thirty (30) days of the time within which a business must be operating, upon showing a good cause.
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 4, 2025 AGENDA ITEM: I
ORIGINATING DEPT: Harbor CITY MANAGER: D1tZ.$€
PREPARED BY: Kevin Schmidt, Harbor Master
SUBJECT: Waterside Permit Application — Island Enterprises, Inc. dba Catalina Adventure Tours
RECOMMENDED ACTION(S): Make the affirmative finding that conditions set forth in the Avalon Municipal Code have been met and grant the Waterside Permit Application to Island Enterprises, dba Catalina Tours, contingent upon the following conditions:
1. Allow Island Enterprises to have non-exclusive use of Float “E” on the pier for their tour boat operation when utilizing the semisubmersible Nautilus (USCGdocumentation 1079045). The City will not charge fees for the float so long as its use is non-exclusive to Island Enterprises.
2. Allow occasional use of the Cabrillo Mole floats to pick up groups upon approval of the Harbor Master and provided Island Enterprises does not interfere with cross channel carriers or cruise ship traffic.
3. Require City Council approval if Island Enterprises elects to utilize their PUC Tariff on-call charter service to pick up passengers in all areas specified on theTariff excluding services between any vessels, points and places starting with and ending within the Avalon city limits.
4. If City Council approves at a later date, allow Island Enterprises on-call charters the ability to utilize any Green Pier float and allow occasional use of the Cabrillo Mole floats to pick up groups upon approval of the Harbor Master and provided Island Enterprises does not interfere with cross channel carriers or cruise ship traffic.
5. Require Island Enterprises to pay nightly mooring fees for their vessels.
REPORT SUMMARY: In May 2024 Island Enterprises, dba Catalina Tours, transferred ownership. The transfer in ownership did not include transfer of an existing waterside permit. The new owners of Island Enterprises submitted a waterside permit applicationon September 8, 2024.
Since the Green Pier floats are in a congested area with narrow fairways and lots of rental kayaks, pedal boats, small rental motor boats along with personal dinghies andpleasure boat traffic, Staff recommends to require Island Enterprises to operate their vessels from Float E, a non-exclusive use float on the Green Pier, and allow occasional use of the Cabrillo Mole floats to pick up groups as long as Island Enterprises does not interfere with cross channel carriers or cruise ship tendering traffic on the Cabrillo Mole floats.
Section 10-2.416 of the Municipal Code provides that a waterside permit may only be granted where the City Council is able to make the following affirmative findings:
(1) The project will not result in a substantial alteration of the City’s present or planned waterside uses of the Avalon Harbor.
It will not.
(2) With regard to transportation and circulation, the project (i) will not generate substantial additional boat trips, or other movement within Avalon Harbor (ii) will not have a substantial negative impact upon existing mooring, docking, or other anchorage facilities; (iii) will not have a substantial impact on other modes and systemsof transportation; (iv) will not result in substantial alterations of present patterns ofcirculation or movement of people and br goods; (v) will not increase traffic hazards to swimmers, boaters, or other existing activities; and (vi) will not restrict or alter existing coastal access;
Impact: The Green Pier floats are in a congested area with narrow fairways and lots of rental kayaks, pedal boats, small rental motor boats along with personal dinghies andpleasure boat traffic.Mitigation: Require Island Enterprises to operate their vessels from Float E on the Green Pier and allow occasional use of the Cabrillo Mole floats to pick up groups as long as Island Enterprises does not interfere with cross channel carriers or cruise ship tendering traffic on the Cabrillo Mole floats.
(3) The project will not have a substantial impact upon and will not result in a need for new or altered governmental services, including but not limited to fire, police,maintenance of facilities, and harbor department services It will not.
(4) The project will not result in the use of substantial amounts of fuel or other forms of energy or substantially increase the demand upon existing energy or require the development of new sources of energy;
It will not.
(5) The project will not result in the need for new utility systems or a substantial alteration of existing sources or systems for power, natural gas, communications, water sewage disposal or solid waste;
It will not.
(6) The project will not obstruct any scenic vista or view open to the public, and will not result in the creation of an aesthetically offensive site which is open to public view;
2 of 3
It will not.
(7) The project will not result in a substantial negative impact upon the quality and quantity of existing recreational opportunities or result in alterations or restrictions tocoastal access; It will not
(8) The applicant is fit to be entrusted with the privileges of a permit, in that he has not engaged in prior violations of the City’s harbor regulations, including the provisions of this article, has timely paid any harbor-related fees and has not presented checks returned for insufficient funds.
The current ownership of Island Enterprise has demonstrated the fitness to be entrusted with the privileges of a waterside permit.The Municipal Code also provides that the “City Council may deny the permit where the impacts listed in paragraphs (1) through (8) above are cumulatively significant, even though the individual impacts are limited. The City Council may approve a projectwhere mitigation measures eliminating significant impacts are incorporated into the project, and the approval shall be conditioned upon the implementation of suchmitigation measures. The failure to comply and maintain any mitigation measures shallbe a basis for suspension or revocation of a waterside permit.” GOAL ALIGNMENT: Additional recreational activities and transportation FISCAL IMPACTS: Unknown, potential Harbor Use Fees.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Applicant would not be able to conduct their on-call charter business in Avalon FOLLOW UP ACTION: Notify Island Enterprises of the City Council’s decision.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENTS:
1. Waterside Permit Application.
2. Standard list of conditions.
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Applicant Acknowledgement
Applicant agrees that if this Waterside Permit is granted, he/she will conduct his!her business inaccordance whit all federal. state, and local laws, including the City’s planning and zoning laws.Applicant also agrees to abide by the wrms el this Permit and all rules. regulations, and/or restricdons placed upon it by the City Council. Applitant must follow all regulations regarding theuse olCity Ilecilities, Ibis Permit may be revoked. suspended. or further conditioned at any time63 the City (.‘nuneil fort inlations ofthe foregoing. or immediately in the City Manager’s discretion if the public’s health. satiety. or well-being is threatened b> the actions or inactions of the Applicant. Failure to pay use fees shall aki’ be a violation nithe terms ofthis Permit. Any decisionmade by the City Council regarding this Permit is final and conclusive. Decisions of the City Manager may he appealed to the City Council II’ the City is notified within 10 days ci the CityManager’s deckion. but the City’s Manager’s decision shall remain in efleet until the next regular meeting ofthe City Council at which an appeal may be heard.
Applicant Name: tt’sj..ft) !tet —.
Business/Activity Name: ,t i&.?fE4f,?r’(e3
Applicant Signature: Date:
..9: j:
Application Presented at the City Council Meeting on: —._______ _______ ____ Application Approved:
Application Denied:Application Approved with Attached Conditions:
______________________——
City Manager ——_________Date
nWISuIflfl,j,2yi7 I Røi*cd2:11W17
Standard List of Conditions Relating to Waterside Project Applications
1. Section 1-6.01 Public Liability Insurance
Applicants for permits or franchises and parties to leases and contracts with the City of Avalon may be required by the Avalon Municipal Code or the City Manager to maintain a policy of public liability insurance. Such policy shall:
(a) Contain broad form commercial general liability insurance, or in the case of marine operations, the substantial equivalent, with respect to the Premises, as applicable and the permittee, franchisee, contractor or lessees’ activities with a combined single limit of not less than $1 000,000 per occurrence and aggregate. Such insurance shall be produced by aninsurer authorized to do business in California with a then current Best’s Insurance GuideRating of not less than A-Vll. , shall name the City of Avalon, its officers, agents and employees as additional insured, and shall contain a provision that prohibits cancellation, modification or; and
(b) Name the City as additional insured and contain a waiver of subrogation against the named insured or respective officers, employees, agents; and (c) Provide that it may not be canceled without at least thirty (30) days prior written notice to the City; and
(d) Provide primary and not excess coverage Insurance coverage shall be subject to the approval of the City.
The applicant shall provide evidence of such insurance coverage by providing the City with a copy of the policy and/or a copy of a fully explanatory certificate of insurance, as determined by the City.2. Section 10-2.402 Use of Harbor Related Facilities: Use Fees Wharfage, dockage, landing and use fees for the use of or impact upon any harbor or harborrelated facility owned or controlled by the City of Avalon shall be as follows:
(a) Except as otherwise specifically provided in this article, for all boats, ships, vessels, airplanes or other transportation facilities carrying passengers for hire or charter, whether operating under the authority of the California Public Utilities Commission or not, which land, discharge, load, or embark passengers on, to, or from such City harbor facilities Two Dollars Fifty Cents ($2.50) for each passenger so landed, discharged, loaded or embarked. Commencing on March 1, 2019, and ending on February 28, 2021, the fee shall be increased as follows:
(1) $3 for each passenger so landed, discharged, loaded, or embarked (b) Except as otherwise provided in paragraph (6) below, for all cruise ships, the fee as laid out in subsection (a) above, which fee shall be levied upon one hundred (100%) percent of the manifest passengers, excluding persons employed upon the vessel. As used in this section “cruise ship” means a vessel which lists Avalon as a port-of-call and which anchorsso as to permit passengers to disembark and to return to the same vessel. Commencing onJuly 1, 2017, the fee shall be increased as follows:
(1) Three ($3.00) Dollars for each passenger so landed, discharged, loaded or embarked between July 1, 2017 and June 30, 2018;
(2) Three Dollars and Fifty ($3.50) Cents for each passenger so landed, discharged, loaded, or embarked between July 1, 2018, and June 30,2019; (3) Four ($4.00) Dollars for each passenger so landed, discharged, loaded, or embarked between July 1, 2019 and June 30, 2020;
(4) Four Dollars and Fifty ($4.50) Cents for each passenger so landed, discharged, loaded, or embarked between July 1, 2020 and June 30,2021; (5) Five ($5.00) Dollars for each passenger so landed, discharged, loaded, or embarked on or after July 1, 2021; and
(6) In consideration for a cruise line deploying a second ship to Catalina for fifty (50) or more calls per year, the City of Avalon will pay to the cruise line an annual marketing incentive equal to fifty (50%) percent of the wharfage fees collected for the second ship, payable quarterly, in arrears.
(c) For businesses engaged in the operation of excursion boats using such facilities for landing, discharging, loading or embarking passengers on, to, or from suchfacilities, seven (7%) percent of the gross receipts of such business derived from such use. For the purpose of this section, “excursion boats” shall mean vessels operating from points in the City and returning thereto for sightseeing scenic tours or as pleasure cruises and carryingpassengers for hire, but not providing facilities for overnight stays. (d) For businesses engaged in the operation of “shore boats,” as defined herein, and using such facilities for landing, discharging, loading or embarking passengers on, to, or from such facilities, seven (7%) percent of the gross receipts of such business derived from such use, excepting therefrom receipts for transportation of passengers to and from “cruiseships,” as defined in subsection (b) herein, or as otherwise provided in an applicable franchiseagreement issued pursuant to Section 10-2.410. For the purpose of this section, “shore boats”shall mean vessels carrying passengers or freight for hire to and from boats moored within or without City waters to the shore in Avalon, between such boats in City waters or between points on the shore in Avalon.
(e) Operators of fishing tournaments whose participants use City harbor facilities during the course of such tournaments shall comply with the provisions of Title 3, Chapter 3 regarding admissions taxes as applied to entry fees charged for participation in such tournament.
(f) For all other businesses not otherwise expressly provided for in this Section 10-
2.402 carrying passengers for hire by vessel from points in the City and returning thereto, or from one point in the City to another point therein, or engaged in the renting, leasing, or chartering of boats, paddle boards, rafts, or other floating watercraft for hire and using City harbor facilities, or whose patrons regularly use such facilities for launching, landing, boarding, unloading, embarking or disembarking, docking, or other similar uses, or whose business activities involve the use of such facilities, seven (7%) percent of the gross receipts derived from such use.
(g) The fees for the use of such facilities by those not falling within the classifications set forth in subsections (a) through (d) of this section shall be determined initially by a schedule adopted by the Council or shall be incorporated into the flat rental of any contract, permit, lease, franchise or other agreement entered into for use of the facilities.
3. Section 10-2.410 Permits; Franchises to Conduct Business (3) All businesses operating in the harbor, except those enumerated in paragraph (b) of this section, shall maintain a shore base of operations or an office in Santa Catalina Island.
Such office shall have a business telephone, which is covered twenty four (24) hours a day.
An answering service or mechanical means of answering may be used provided messages are checked no less than three (3) times per day.
(4) In addition to the provisions of Section 10-2.402, all businesses operating within the harbor, except those operating pursuant to a franchise issued by the City shall:
(ii.) In the case of waterside permit holders other than cross-channel carriers, pay to the City a non-refundable use fee deposit of One Thousand ($1000.00) Dollars, payable in two (2) installments of Five Hundred ($500.00) Dollars each, the first installment on the inception of operations within the Avalon Harbor and the second on August 1. The use fee deposit may be applied against use fees due and owing under Section 10-2.402 at such time that the permittee has made timely payment of use fees for thirteen (13) consecutive months. (iii.) In all cases where the business operates seven (7) or more months during any twelve (12) month period, pay to the City use fees under Section 10-2.402 no fewer than seven (7) months of any twelve (12) month period, and in no event less than the sum of twenty five ($25.00) Dollars per month for each month the business is operating and reports sales receipts.
(iv.) In all cases where the business operates fewer than seven (7) months during any twelve (12) month period, pay to the City a use fee of Two Hundred ($200.00) Dollars for each month the business is closed or does not report any sales receipts. (5) The charges authorized by paragraph (4) of this section shall be in addition to any payments pursuant to the provisions of any lease agreement. (6) All vessels over sixteen (16) feet in length operated for hire or used to conduct work in the harbor shall be equipped with a marine radio which shall be monitored at all times that the vessel is in operation.
(7) All businesses operating in the harbor shall maintain all equipment, materials, facilities, machinery and vessels utilized in the operation of the licensed business in a good working condition, and such businesses shall only employ workers who are qualified to conduct the duties appropriate to the licensed business.
4. Resolution 96-36 Mandatory Activation Dates for Waterside Permits Section 4. All newly permitted businesses must have proof of insurance, other required permits and/or leases, and all required deposits in place prior to commencing business operations in Avalon Harbor. All new permits issued before January 31 will expire on April 1 of the year of issuance unless the business is operating as of that date. All new permits issued after January 31 will expire sixty (60) days after issuance unless the business is operating as of that time. The Harbor Master shall have the authority to grant one extension of thirty (30) days of the time within which a business must be operating, upon showing a good cause.
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 4, 2025 AGENDA ITEM: I
ORIGINATING DEP: Harbor CITY MANAGER: V’W?.l€
PREPARED BY: Kevin Schmidt, Harbor Master
SUBJECT: Waterside Project Change Conditions of Use— Avalon Aquatic Excursions
RECOMMENDED ACTION(S): City Council make the affirmative finding that conditions set forth in the Avalon Municipal Code have been met and grant the Waterside Project Application to Avalon Aquatic Excursions, with the following conditions:
1 All operations to load and unload passengers will take place on Pleasure Pier floats with occasional use of the floats at the Cabrillo Mole, with prior approval of the Harbor Master. Applicant must not interfere with other commercial boat traffic including crosstown ferry and/or cruise ship tender traffic. During summer months applicant will make all efforts to utilize the shore-boat float of the End Float of the pier.
2. Applicant abides by the standard list of conditions for Waterside Permit holders.
3. Applicant meets all regulatory requirements for passenger-carrying vessels of this type, including any U.S. Coast Guard and Public Utilities Commission requirements.
4. Prior to vessel acquisition, applicant will provide the Harbor Master with the technical specifications, including make, model, length, beam, propulsion type, passengercapacity for approval. Any future proposed changes to these specifications will require prior Harbor Master approval in writing.
REPORT SUMMARY: The applicant has submitted a Waterside Project Application to change the conditions of use of their waterside permit. Currently, the waterside permit authorizes sightseeing, whale and dolphin watching trips, and snorkeling tours. Applicant proposes adding passenger transport service to and from White’s Landing utilizing a 30’ U.S. Coast Guard inspected vessel with a passenger capacity of 22, which he is in the process of obtaining. This vessel will take the place of the 26’ vessel proposed in the original application, described below. The applicant also proposes removing the restriction of non-operation on cruise ship days.
Currently, Avalon Aquatic Excursions is approved to use a 26’ boat to conduct 6-pack coastal whale and dolphin watching trips, and snorkeling tours limited to non-cruise ship days. Avalon Aquatic Excursions proposes to operate 7 days a week, including cruise ship days, from January 1 to December 31, between the hours of 8:00 a.m. to 8:00 p.m. The vessel will obtain a mooring from Avalon Harbor Patrol as needed. Float space is generally available on noncruise ship days; however, on cruise ship days Avalon Aquatic Excursions will operate from Catalina Jet Ski Corp End Float located at the end of the Pleasure Pier. When the end float isremoved during from October 16 to May 15 each year, Avalon Aquatic Excursions will not operate on cruise ship days. The applicant has proposed amending the current watersidepermit conditions of use.
While this proposal will add boat traffic to Harbor, it will not result in any substantial negative impact upon Avalon Harbor floats, except as noted in subsection (2), below. The Harbor Master recommends to approve the change in conditions of use provided all stipulations are met.Section 10-2.4 16 of the Municipal Code provides that a waterside permit may only be granted where the City Council is able to make the following affirmative findings:
(1) The project will not result in a substantial alteration of the City’s present or planned waterside uses of the A va/on Harbor
(2) With regard to transportation and circulation, the project (i) will not generate substantial additional boat trips, including shoreboat trips, or other movement within A va/onHarbor (ii) will not have a substantial negative impact upon existing mooring, docking, orother anchorage facilities; (iii) will not have a substantial impact on other modes and systemsof transportation; (iv) will not result in substantial alterations of present patterns of circulation or movement of people and br goods; (v) will not increase traffic hazards to swimmers, boaters,or other existing activities; and (vi) will not restrict or alter existing coastal access; Impact: The Pleasure Pier floats see heavy usage in the summer months by rental kayaks, pedal boats, small rental motor boats along with personal dinghies and pleasure boat traffic.
Mitigation: Avalon Aquatic Excursions’ use of City floats is on-call only and they will berequired to contact the Harbor Office for docking arrangements upon arrival. (3) The project will not have a substantial impact upon, and will not result in, a need for new or altered governmental services, including but not limited to fire, police, maintenanceof facilities, and harbor department services; (4) The project will not result in the use of substantial amounts of fuel or other forms of energy or substantially increase the demand upon existing energy or require thedevelopment of new sources of energy; (5) The project will not result in the need for new utility systems or a substantial alteration of existing sources or systems for power natural gas, communications, watersewage disposal or solid waste; (6) The project will not obstruct any scenic vista or view open to the public, and will not result in the creation of an aesthetically offensive site which is open to public view; (7) The project will not result in a substantial negative impact upon the quality and quantity of existing recreational opportunities or result in alterations or restrictions to coastalaccess; (8) The applicant is fit to be entrusted with the privileges of a permit, in that he has not engaged in prior violations of the City’s harbor regulations, including the provisions of this article, has timely paid any harbor-related fees and has not presented checks returned for insufficient funds.
The Municipal Code also provides that the ‘City Council may deny the permit where the impacts listed in paragraphs (1) through (8) above are cumulatively significant, even though the individual impacts are limited. The City Council may approve a project where mitigation measures eliminating significant impacts are incorporated into the project, and the approval shall be conditioned upon the implementation of such mitigation measures. The failure tocomply and maintain any mitigation measures shall be a basis for suspension or revocation ofa waterside permit.” GOAL ALIGNMENT: Enhance recreational activities in the Avalon Harbor area and increase transportation options for visitors and residents.
FISCAL IMPACTS: Unknown, potential Harbor Use Fees.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Visitors will be able to use the current operators offering similar services; transportation services to White’s Landing will be limited to other options, primarily by land.
FOLLOW UP ACTION: Notify Avalon Aquatic Excursions of the City Council’s decision.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENTS:
1. Waterside Project Application
2. Waterside Permit Standard List of Conditions
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Applicant agrees that if (his Waterside Pennit is granted. he.she will conduct his:ber business in accordance with all federal. staw. and local laws. indudin the (‘ity’s planning and toning las.
Applicant also agrees to abide by the terms ol’ this Permit and :ill rules. regulations, and/or restrictions placed upon it by tIi City Council. Applicant must follow all regulations regarding the use of City facilities. Thi’c Permit may be revs’kcd. susñendcd. or Ilirther conditioned at an) time by the (‘it) (‘tiuncil for vhdaticIII% ofthe foregoing, or immediately in the Cit Manage?s discretion if the public’c health. sofet). or wcll—bcin& t threatened b the actions or inactions ol’ the Applicant. Iailure Li) pa use iee’ shall also be a ivlu&ic,n ofthe terms ol’this Permit. Ans decision made by the Ck Council regarding this Permit is linal and conluske. l)eckions of’ the CityManager ma be appealed to the (‘it> Council if the City is notified iiihin It) da)s of the CityManagc(s decision. but the (‘it) ‘s Manager’s decialon shall remain in efl’ect until the next regular meeting ofthe City Council at ihiclm an appeal ma be heard.
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Avaton Aquatic Excursions LLC
Business Plan
Avaton Aquatic Excursions LLC received approval to operate 2 (6 pax) vessels for Dolphin/Whale Watching and Coastal Tour Operations. While setting up and getting positioned to purchase a vessel a new need for Passenger Transportation was brought tomy attention through my ownership in Avaton Shoreboat Services Co. The need for bigger and more accommodating vessels to service the new Huttopia Facility located at Whites Landing has become evident, instead of setting up 2 companies, with conversations with Orin, I would like to switch my currently unused Water side permit from a 2 boat (6 pax) coastal tour permit to a passenger transport vessel that will carry 22 passengers to and from Whites Landing to Avaton Harbor.
intend to operate from the North West side of the Shoreboat/Jetski Float during the summer season white the float is in the harbor. I realize the customer! luggage impact on the pier and lower floats will be greater and am open to ideas of an alternative closer to the Express Floats to limit traffic it possible.
The Huttopia location has 50 tents for rent and a max capacity of 150 people. They intend to fill tb 120 people max. They originally exected to take from 35 years to get close to the 120 max but have already reached 92 guests after being open for 3 months. These counts wilt need 46+ trips a dayto in peak season to fulfill the passenger transport needs with a 21 passeneger capacity vessel.
intend to purchase 1 or 2 (if permitted) Island Hopper, 29ff, 22 Pax, vessel currently owned by Santa Catalina Island Co. to service the needs of Huttopia at Whites Landing. I would offer transportation to other camps along Catalina’s Coast as well, but do notcurrently have a request for operations. wilt dock the vessel on the Shoreboat Float during the day and pay to have it moored in the harbor during the season the float in in the water. There is a chance Huttopia wilt remain open longer than the float is in the water so I may need use of the Green Pier or Express Ftoat after season. Huttopia does not intend to be open all year but if the weather is good they may extend their season.
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The second boat is not needed forthe original capacity of the camp. The second boat is a consideration as we are not only delivering the gueststo Whites Landing but bring them back to Avalon on “DayThps” adding to the daily counts of passengers. This is also a good thing asthese guests are coming to Avalon to do tours, eat meals, and be entertained In Avalon. As Avalon Is constantly “Sold Out” on weekends, Whites Landing has become an extension of AvaLon an allowing for more people to stay the night and enjoy the town.
Feelfree to contact me with any further questions.
Eric Mahan
Anion Aquatic Excyrsions LLC
310-775-7180
[email protected]
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Standard List of Conditions Relating to Waterside Project Applications
1. Section 1-6.01 Public Liability Insurance
Applicants for permits or franchises and parties to leases and contracts with the City of Avalon may be required by the Avalon Municipal Code or the City Manager to maintain a policy of public liability insurance. Such policy shall:
(a) Contain broad form commercial general liability insurance, or in the case of marine operations, the substantial equivalent, with respect to the Premises, as applicable and the permittee, franchisee, contractor or lessees’ activities with a combined single limit of not less than $1 ,000,000 per occurrence and aggregate. Such insurance shall be produced by aninsurer authorized to do business in California with a then current Best’s Insurance GuideRating of not less than A-Vll. , shall name the City of Avalon, its officers, agents and employees as additional insured, and shall contain a provision that prohibits cancellation, modification or; and
(b) Name the City as additional insured and contain a waiver of subrogation against the named insured or respective officers, employees, agents; and (c) Provide that it may not be canceled without at least thirty (30) days prior written notice to the City; and
(d) Provide primary and not excess coverage Insurance coverage shall be subject to the approval of the City.
The applicant shall provide evidence of such insurance coverage by providing the City with a copy of the policy and/or a copy of a fully explanatory certificate of insurance, as determined by the City.2. Section 10-2.402 Use of Harbor Related Facilities: Use FeesWharfage, dockage, landing and use fees for the use of or impact upon any harbor or harborrelated facility owned or controlled by the City of Avalon shall be as follows:
(a) Except as otherwise specifically provided in this article, for all boats, ships, vessels, airplanes or other transportation facilities carrying passengers for hire or charter, whether operating under the authority of the California Public Utilities Commission or not, which land, discharge, load, or embark passengers on, to, or from such City harbor facilities Two Dollars Fifty Cents ($2.50) for each passenger so landed, discharged, loaded or embarked. Commencing on March 1,2019, and ending on February 28, 2021, the fee shall be increased as follows:
(1) $3 for each passenger so landed, discharged, loaded, or embarked (b) Except as otherwise provided in paragraph (6) below, for all cruise ships, the fee as laid out in subsection (a) above, which fee shall be levied upon one hundred (100%) percent of the manifest passengers, excluding persons employed upon the vessel. As used in this section “cruise ship” means a vessel which lists Avalon as a port-of-call and which anchorsso as to permit passengers to disembark and to return to the same vessel. Commencing onJuly 1, 2017, the fee shall be increased as follows:
(1) Three ($3.00) Dollars for each passenger so landed, discharged, loaded or embarked between July 1,2017 and June 30, 2018;
(2) Three Dollars and Fifty ($3.50) Cents for each passenger so landed, discharged, loaded, or embarked between July 1,2018, and June 30,2019; (3) Four ($4.00) Dollars for each passenger so landed, discharged, loaded, or embarked between July 1, 2019 and June 30, 2020;
(4) Four Dollars and Fifty ($4.50) Cents for each passenger so landed, discharged, loaded, or embarked between July 1,2020 and June 30, 2021;
(5) Five ($5.00) Dollars for each passenger so landed, discharged, loaded, or embarked on or after July 1, 2021; and
(6) In consideration for a cruise line deploying a second ship to Catalina for fifty (50) or more calls per year, the City of Avalon will pay to the cruise line an annual marketing incentive equal to fifty (50%) percent of the wharlage fees collected for the second ship, payable quarterly, in arrears.
(c) For businesses engaged in the operation of excursion boats using such facilities for landing, discharging, loading or embarking passengers on, to, or from suchfacilities, seven (7%) percent of the gross receipts of such business derived from such use. For the purpose of this section, “excursion boats” shall mean vessels operating from points in the City and returning thereto for sightseeing scenic tours or as pleasure cruises and carrying passengers for hire, but not providing facilities for overnight stays. (d) For businesses engaged in the operation of “shore boats,” as defined herein, and using such facilities for landing, discharging, loading or embarking passengers on, to, or from such facilities, seven (7%) percent of the gross receipts of such business derived from such use, excepting therefrom receipts for transportation of passengers to and from “cruiseships,” as defined in subsection (b) herein, or as otherwise provided in an applicable franchise agreement issued pursuant to Section 10-2.410. For the purpose of this section, “shore boats”shall mean vessels carrying passengers or freight for hire to and from boats moored within or without City waters to the shore in Avalon, between such boats in City waters or between points on the shore in Avalon.
(e) Operators of fishing tournaments whose participants use City harbor facilities during the course of such tournaments shall comply with the provisions of Title 3, Chapter 3 regarding admissions taxes as applied to entry fees charged for participation in such tournament.
(f) For all other businesses not otherwise expressly provided for in this Section 10-
2.402 carrying passengers for hire by vessel from points in the City and returning thereto, or from one point in the City to another point therein, or engaged in the renting, leasing, or chartering of boats, paddle boards, rafts, or other floating watercraft for hire and using City harbor facilities, or whose patrons regularly use such facilities for launching, landing, boarding, unloading, embarking or disembarking, docking, or other similar uses, or whose business activities involve the use of such facilities, seven (7%) percent of the gross receipts derived from such use.
(g) The fees for the use of such facilities by those not falling within the classifications set forth in subsections (a) through (d) of this section shall be determined initially by a schedule adopted by the Council or shall be incorporated into the flat rental of any contract, permit, lease, franchise or other agreement entered into for use of the facilities.
3. Section 10-2.410 Permits; Franchises to Conduct Business (3) All businesses operating in the harbor, except those enumerated in paragraph (b) of this section, shall maintain a shore base of operations or an office in Santa Catalina Island.
Such office shall have a business telephone, which is covered twenty four (24) hours a day.
An answering service or mechanical means of answering may be used provided messages are checked no less than three (3) times per day.
(4) In addition to the provisions of Section 10-2.402, all businesses operating within the harbor, except those operating pursuant to a franchise issued by the City shall:
(ii.) In the case of waterside permit holders other than cross-channel carriers, pay to the City a non-refundable use fee deposit of One Thousand ($1000.00) Dollars, payable in two (2) installments of Five Hundred ($500.00) Dollars each, the first installment on the inception of operations within the Avalon Harbor and the second on August 1. The use fee deposit may be applied against use fees due and owing under Section 10-2.402 at such time that the permittee has made timely payment of use fees for thirteen (13) consecutive months. (iii.) In all cases where the business operates seven (7) or more months during any twelve (12) month period, pay to the City use fees under Section 10-2.402 no fewer than seven (7) months of any twelve (12) month period, and in no event less than the sum of twenty five ($25.00) Dollars per month for each month the business is operating and reports sales receipts.
(iv.) In all cases where the business operates fewer than seven (7) months during any twelve (12) month period, pay to the City a use fee of Two Hundred ($200.00) Dollars for each month the business is closed or does not report any sales receipts. (5) The charges authorized by paragraph (4) of this section shall be in addition to any payments pursuant to the provisions of any lease agreement. (6) All vessels over sixteen (16) feet in length operated for hire or used to conduct work in the harbor shall be equipped with a marine radio which shall be monitored at all times that the vessel is in operation.
(7) All businesses operating in the harbor shall maintain all equipment, materials, facilities, machinery and vessels utilized in the operation of the licensed business in a good working condition, and such businesses shall only employ workers who are qualified to conduct the duties appropriate to the licensed business.
4. Resolution 96-36 Mandatory Activation Dates for Waterside Permits Section 4. All newly permitted businesses must have proof of insurance, other requiredpermits and/or leases, and all required deposits in place prior to commencing business operations in Avalon Harbor. All new permits issued before January 31 will expire on April 1 of the year of issuance unless the business is operating as of that date. All new permits issued after January 31 will expire sixty (60) days after issuance unless the business is operating asof that time. The Harbor Master shall have the authority to grant one extension of thirty (30) days of the time within which a business must be operating, upon showing a good cause.
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 4, 2025 AGENDA ITEM: H
ORIGINATING DEP: Administration CITY MANAGER:
PREPARED BY: Jocelyn Francis, Assistant City Manager
SUBJECT: City Vehicle Storage Yard Policy
RECOMMENDED ACTION(S): Approve the City of Avalon Vehicle Storage Yard Policy.
REPORT SUMMARY: Over the years, the City has utilized different mechanisms to address illegal and abandoned vehicles within the City limit, including using on islandcommercial tow companies or partnering with mainland tow companies to conduct bi annual “round-ups.” No robust program has existed since before 2019.
With a limited program, the City has seen a proliferation of unregistered and abandoned motorcycles, scooters, golf carts, and full size vehicles as well as illegal off-roadmotorcycles and vehicles being driven on City roadways. Los Angeles County Sheriff’s Department (LASD) Avalon station has also repeatedly indicated that the absence of a tow yard restricts their ability to adequately enforce bicycle and vehicle infractions.
Staff identified an underutilized portion of an existing City-owned property adjacent to thehousehold hazardous waste drop off-facility as a solution. City staff then met with LASD staff and LASD tow contractor Kruger Tow to discuss logistics in creating a robust tow and storage program.
After consulting stakeholders, the vehicle code, and municipal code, a draft policy was created and shared with City and LASD leadership.
In addition, staff are nearing completion of a City vehicle storage yard for the storage of full size vehicles, autoettes, motorcycles, and bicycles. Improvements include a concrete pad, driveway, fencing, gates, lighting, security camera installation, and a metal storage container for bicycles. All expected to be completed by the end of the month.
The proposed policy includes the process related to operating the vehicle storage yard,towing, storage, release, disposal, compliance, and training standards.
FISCAL IMPACTS: Unknown.
GOAL ALIGNMENT: Health and Safety
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: City will not have a policy in place for the City Vehicle Storage Yard.
FOLLOW UP ACTION: Complete physical property improvements, ensure requisite employees attend CHP-approved training, conduct kick-off meeting with City, LASD, and Kruger Tow staff to finalize procedures, and start program.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
. Vehicle Storage Policy
DRAFT
CITY OF AVALON
Vehicle Storage Policy
APPLICABILITYThis Policy applies to all City of Avalon (“City”) employees, officers, and designated contractors who, as part of their job responsibilities and requirements are tasked with vehicle towing, storage, and operations of the City vehicle storage yard.
STATEMENT OF PURPOSE
This policy outlines the operational guidelines for the City of Avalon’s vehicle storage yard, which will securely store abandoned bicycles and vehicles, illegal off-road vehicles, and those stored for expired registration, vehicle abatement, and police storage. The policy incorporates applicable provisions from the California Vehicle Code (“CVC”), specifically CVC §22651; and Avalon Municipal Code (AMC) §4-4 Bicycles and §5-14 Removal of Abandoned Vehicles.
DEFINITIONS
Stored Vehicle - A stored vehicle is one that has been removed from a highway, public or private property, under legal authority, for the purpose of providing safe custody and is subject to anunconditional release (no holds). Ordinarily, when LASD stores a vehicle on behalf of a citizen, the citizenis responsible for the charges and fees.
Impounded Vehicle - An impounded vehicle is one that has been removed from a highway, public or private property, under legal authority, and is subject to a conditional release (ex. 30-day hold) or isbeing held as evidence.
GENERAL POLICY GUIDELINES
1.1 Vehicle Storage Yard
The vehicle storage yard is located on Dump Road (APN 7480045901) and provides secure storage of stored or impounded vehicles, bicycles, and illegal off-road vehicles. To ensure the integrity and securityof stored or impounded vehicles and bicycles, the City Vehicle Storage lot must:
(a) Be surrounded by a perimeter fence of at least 8 feet in height with secured access points.(b) Include video surveillance that operates 24/7, with recordings retained for a minimum of 30 days. (c) Utilize secure locking mechanisms at all entrances and exits.(d) Provide adequate lighting to cover all storage areas.(e) Restrict access to authorized personnel only through the use of signage, with a log of all entries and exits maintained.
1.2 Vehicle Tows
1. Los Angeles County Sheriff’s Department (LASD) Responsibilities:
DRAFT
o When reports are initiated by City Code Enforcement, a LASD deputy or watch commander will sign the CHP-180. For reports initiated by LASD, the applicable CHP-180 and reporting process will be completed by reporting Deputy. Completed CHP-180 forms will be c-mailed to Kruger Tow ([email protected]) for lien initiation through the LASD tow agreement.
o The registered owner, legal owner, or agent may request a tow hearing by the LASD watch commander within 10 days of the vehicle removal. The hearing shall be conducted within 48 hours of the request, excluding weekends and holidays per LASD Policy §5-01/080.00. o LASD Dispatch/Records personnel are responsible for promptly entering pertinent data from the CHP-180 form into the Stolen Vehicle System. Within 48 hours, excluding weekends and holidays, of the storage of any such vehicle LASD Dispatch/Records personnel shall determine the names and addresses of any individuals having an interest in the vehicle and shall send out notice to such individuals pursuant to CVC §22851.3(d); 22852(a); 14602.6(a)(2); LASD Policy §5-01/070.00.
o Private Property Tows will be initiated by property owners that comply with provisions outlined in CVC §22658, at the City’s (tow operator) discretion, and during normal business hours. All private property tows will be documented on LASD Form SH-R-256 pursuant to LASD Field Operatives Directives §18-005.
o Impounded vehicles for evidentiary purposes will be the responsibility of the LASD and will not utilize the City vehicle storage lot. If an extenuating circumstance arises for the need of City resources, the LASD Avalon Captain shall first receive prior approval from the City Manager or designee.
2. City of Avalon Operational Responsibilities:
o Public Works Mechanics are responsible for operating the flatbed truck/tow vehicle and transporting vehicles to the City vehicle storage yard. If a tow is required during normal business hours, a Public Works Superintendent or designee shall coordinate a response.
Tows outside of normal business hours should be for exigent circumstances only and coordinated through the City Public Works Director or designee. Private property towsshall be conducted during normal business hours. o Code Enforcement is responsible for investigating abandoned vehicle abatement reports (pursuant to AMC §5-16), completing CHP-180 forms (for City initiated reports), inventorying vehicle contents (for City initiated reports), maintaining detailed vehicle storage yard records, coordinating private property tows, and disposal efforts for unclaimed property.
3. Applicable Laws and Codes:
o Towing and impound procedures will adhere to Avalon Municipal Codes and applicable provisions of the California Vehicle Code, including but not limited to CVC §22651 and related sections.
1.3 Bicycle Storage
DRAFT
1. LASD and Code Enforcement Responsibilities:
o LASD Deputies may impound a bicycle during a traffic stop or other police incident.
Deputies may notify Code Enforcement for transportation, logging, and storage at the vehicle storage yard in the bicycle locker. Deputies shall provide Code Enforcement with an incident report number and forward report for summary for vehicle storage yard files.
2. Code Enforcement Responsibilities:
o Code Enforcement may store a bicycle that is presumed abandoned from public property adhering to AMC §4-4.
o Code Enforcement may also assist LASD with the transport of bicycles to vehicle storage yard and maintaining inventory logs and files.
1.4 Vehicle and Bicycle Release Procedures
1. Eligibility for Release: A vehicle or bicycle may only be released to the registered owner, legal owner, or authorized agent upon proof of ownership and valid identification.
2. Release Documentation:
o Proof of ownership (e.g., vehicle registration or title) pursuant to CVC §22850.o Presentation of valid driver’s license (for vehicles). o Payment of all applicable fees and fines.
3. Responsibilities: The LASD Avalon office will maintain a listed, 24-hour telephone number to provide information regarding vehicle impounds and the right of the registered owner to request a storage hearing. Releases for towed vehicles will be made available during regular, nonemergency business hours CVC 14602.6. o LASD staff will verify presented documentation satisfying release and approve a Vehicle Release Form.
o The owner will bring the Vehicle Release Form to Avalon City Hall for payment of all fees and coordination with City Code Enforcement staff for release at the City Vehicle Storage yard. For illegal off-road vehicles, the owner shall sign a Waiver of Liability confirming acknowledgement of risk and committing to removal of property from the City of Avalon. o City Code Enforcement staff will notify LASD of final release.
4. Hours of Operation: Normal business hours are Monday through Friday from 8:00 AM to 5:00 PM for vehicle release excluding City recognized Holidays. Emergency release services will be available upon request pursuant to staff availability and additional fees.
5. Fees: Fees for storage and processing shall be assessed per the City’s fee schedule and must be paid in full before release. Private property tow fees must be paid in full prior to tow.
1.5 Required Waiting Periods and Disposal Procedures
1. Waiting Period for Vehicles and Bicycles:
o Golf Carts, Motorcycles, and Vehicles: Held for at least 30 days before initiating disposal procedures, per CVC §22651.
DRAFT
o •jyçj Hd far at as 90 diys before disposiil per
Cifcirnia Civ Code §2080.4.
2. Lien Proce5s:
o Utilizing an existing tow agreement between LASD and Kruger Tow, once a CHP-180 form is submitted, Kruger Tow will start the lien process in compliance with CVC §22851.1.
3. Unclaimed Vehicles:
o Vehicles that remain unclaimed after 30 days, will be transported via Catalina Freight and released to Kruger Tow, Rancho Dominguez, CA.
o Kruger Tow will then process unclaimed vehicles for public auction or transfer to a licensed dismantler, in compliance with CVC §22850-22856.
4. Unclaimed Bicycles:
o Bicycles and illegal vehicles unclaimed after 90 days may be donated to nonprofit organizations, sold at auction, released to a metal recycler, or released to Kruger Tow.
1.6 Compliance and Reporting
The City shall maintain records of all impounds, releases, and disposals for a minimum of three years.
Regular audits will be conducted to ensure compliance with state and local regulations. Any violations of this policy must be reported to the City Manager within 24 hours.
1.7Training
City of Avalon Public Works Mechanics will all hold minimum Tow Operator training certifications as required by the California Highway Patrol (CHP).
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 4, 2025 AGENDA ITEM: I 5
ORIGINATING DEP: Administration CITY MANAGER: V’21(llt’ PREPARED BY: Jocelyn Francis, Assistant City Manager
SUBJECT: Introduction and First Reading of an Ordinance Repealing and Replacing Title 4, Public Safety, Chapter 4-1 Bicyclesand Repealing Chapter 4-10 of the Avalon Municipal Code RECOMMENDED ACTION(S): Introduce and waive all readings of An Ordinance of the City of Avalon Repealing and Replacing Title 4, Chapter 4-1 and Repealing Chapter 4- 10 of the Avalon Municipal Code Regarding Bicycles, Electric Bicycles and Motorized Bicycles.
REPORT SUMMARY: The City has seen a proliferation of bicycles, electric bicycles, motorized bicycles, electric motorcycles, dirt bikes, pocket bikes, scooters, and other unregistered/off-road vehicles. It has been observed by the community, first responders, and staff many of the riders are not adhering to basic traffic laws. These infractions predominantly include, but are not limited to, unsafe speeding, reckless operation, not wearing a helmet, not meeting age/licensure requirements, and more. These problems are not unique to Avalon and a challenge for many communities.
The municipal code related to bicycles was last revised in 2001 with many changes to the California Vehicle Code addressing electric bicycles and motorized bicycles.
Staff conducted research and talked with law enforcement agencies in both Los Angelesand Orange County, including reviewing updated ordinances in those jurisdictions.
Although many observed violations can be satisfied with a notice to appear and traffic court, LASD is suggesting modifying the ordinance to allow for the issuance ofadministrative citations to help change behavior for first time offenders and Avalon youth.
According to LASD command staff, LASD Avalon station has attempted public outreach, education, and enforcement programs over the last twelve months to improve trafficsafety to little improvement. City Council has since directed staff to update the municipalcode as an added tool to improve traffic safety, especially for community youth.
The proposed ordinance covers licensing, operation, and enforcement provisions for bicycles and electric bicycles. Perhaps most notably in the ordinance is the ability for local law enforcement to securely store bicycles, e-bicycles, and illegal off-road vehicles/motorcycles for violations of the proposed municipal code amendment. The ordinance revisions are in concert with the near completion of the vehicle storage yard. It maintains those sections concerning skates and skateboards which are in Chapter 4-1 At this time it is also recommended to consolidate existing Chapters 4-1 Bicycles, Pushmobiles, and Toy Vehicles and 4-10 Bicycles on Public Property of the AvalonMunicipal Code.
FISCAL IMPACTS: Unknown.
GOAL ALIGNMENT: Health and SafetyCONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City and Los Angeles County Sheriff’s Department will not have the additional support of the Avalon Municipal Code to further regulate bicycles, electric bicycles, and motorized bicycles.
FOLLOW UP ACTION: Adoption at a future City Council meeting.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
. Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVALON REPEALING
AND REPLACING TITLE 4, CHAPTER 4-1 AND
REPEALING CHAPTER 4-10 OF THE AVALON
MUNICIPAL CODE
REGARDING BICYCLES, ELECTRIC BICYCLES, AND
MOTORIZED BICYCLES
WHEREAS, Avalon Municipal Code Title 4, Public Safety, Chapter 4-I Bicycles, Pushmobiles, and Toy Vehicles of the Avalon Municipal Code contains a series of requirements, regulations, and penalties relating to the use, licensing, registration and control of bicycles, skates, and skateboards; and,
WHEREAS, Avalon Municipal Code Title 4, Public Safety, Chapter 4-10 Bicycles on Public Property contains bicycle parking on public property; and, WHEREAS, Avalon Municipal Code Title 4, Chapter 4-1 and 4-10 have not been updated since 2001; and,
WHEREAS, since 2001, there have been revisions to California State law regarding bicycles, electric bicycles, and motorized bicycles; and, WHEREAS, since 2001, electric bicycles and motorized bicycles have become more publicly available and accessible; and,
WHEREAS, in an effort to educate the public and ideally, lower the number of bicycle collisions in the City of Avalon via enforcement efforts, the City Council desires to amend the Avalon Municipal Code in order to align with the California Vehicle Code to discourage dangerous bicycle riding behaviors that have been identified as common primary collision factors.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES ORDAIN AS FOLLOWS:
Section 1. The recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this Ordinance.
Section 2. Repeal and replace Avalon Municipal Code § 4-1 with the provisions below and repeal § 4-10 of the Avalon Municipal Code CHAPTER 4-1 BICYCLES
ARTICLE 1: DEFINITIONS AND GENERAL PROVISIONS
§ 4-1 -101. Scope.
This division shall apply to the use, registration, and control of bicycles in conformitywith State law, and shall apply to any bicycle operated upon any public right-of-way. 65059.00000\4I 755375.1
The provisions contained herein are enacted pursuant to the California Vehicle Code § 21100.5 which allows the City to adopt local rules and regulations governing vehicles § 4-1 -1 02. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) Bicycle: Any device upon which a person may ride which is propelled by human power through a system of belts, chains or gears, having one or more wheels. (b) Bicycle Plate: The license tag or decal designated by the State in accordance with California Vehicle Code § 39001 to be permanently affixed to the bicycle andwhich bears a unique number permanently assigned to that bicycle by the State. (c) Electric Bicycle: An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and is categorized by the following:
(1) Class 1 electric bicycle is equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provideassistance when the bicycle reaches a speed of 20 miles per hour. (2) Class 2 electric bicycle is equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providingassistance when the bicycle reaches a speed of 20 miles per hour. (3) Class 3 electric bicycle is equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provideassistance when the bicycle reaches a speed of 28 miles per hour.
This bicycle is equipped with a speedometer.
(d) Motorized Bicycle: Any two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if poweredsolely by electrical energy, and an automatic transmission and a motor which produces less than four gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. (e) Off-Highway Vehicle: Any two, three, or four wheeled device with no pedals that attains speeds of greater than 20 miles per hour or 750 watts of power that is illegal to operate on a public roadway. This include vehicles commonly referred to as electric motorcycles, all-terrain vehicles, or dirt bikes.
ARTICLE 2: BICYCLE LICENSING
§ 4-1.201. Bicycle Registration Required.
All bicycles, electric bicycles, and motorized bicycles must be registered by the owner and properly licensed or tagged as provided in this chapter and in a safe operatingcondition. § 4-1.202. Application and Registration.65059.00000\4 I 755375. I Every owner of a bicycle, electric bicycle, or motorized bicycle shall register the device once with the Vehicle Clerk by filing an application setting forth the name and addressof the owner, together with a complete description of such bicycle, including the make, type and serial number, on forms provided for such purpose by the Vehicle Clerk and by paying a one-time registration fee in an amount to be set by resolution of the City Council.
§ 4-1.203. Identification Tags.
Each registered bicycle, electric bicycle, or motorized bicycle shall be assigned a number to be kept on file in the Vehicle Clerk as a public record. Upon registration, the Vehicle Clerk or designee shall cause an identification tag to be affixed to such bicycle so registered at or near the rear of the seat or saddle. The identification tag shall be serially numbered. In the case of theft, loss, mutilation, or defacement of the tag, a duplicate shall be issued. No person shall willfully remove, deface or destroy any identification tag.
§ 4-1.204. Change of Ownership or Dismantling.
Within 10 days after any change in ownership or the dismantling to take out of use any bicycle, electric bicycle or motorized bicycle registered pursuant to the provisions of this chapter, the person in whose name such bicycle has been registered shall report such information to the Vehicle Clerk.
ARTICLE 3: OPERATIONAL REGULATIONS
§ 4-1-301. Applicability of Traffic Laws.
Every person riding a bicycle, electric bicycle, or motorized bicycle upon a street shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of the State pertaining to the rules of the road, or by the terms of this Code or other ordinances of this City applicable to the driver of a vehicle. § 4-1 -302. Obedience to Traffic-Control Devices.
It shall be unlawful for any person operating a bicycle, electric bicycle or motorized bicycle to fail to obey the instructions of official traffic-control signs and other trafficcontrol devices applicable to vehicles. § 4-1 -303. Method of Riding and Number of Riders.
No person operating a bicycle, electric bicycle, or motorized bicycle shall allow more persons at one time than the number for which such bicycle is designed and equipped. § 4-1 -304. Riding on Roadways.
(a) Any person operating a bicycle, electric bicycle, or motorized bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same 6509.00041755375.!
direction at such time shall ride as close as practicable to the right-hand curb or edge of the roadway.
(b) Persons riding bicycles, electric bicycles, or motorized bicycles upon a roadway shall not ride more than two abreast.
§ 4-1 -305. Bicycles and Electric Bicycles Prohibited.
As provided in §4-4.1404, bicycles, electric bicycles, and motorized bicycles are prohibited from operating on:
(a) Crescent Avenue from, at, or near its intersection with Metropole Avenue to its intersection with Clarissa Avenue;
(b) Sumner Avenue from its intersection with Crescent Avenue approximately 140 feet to its intersection with Calle Del Paseo; and,
(c) Catalina Avenue from its intersection with Crescent Avenue approximately 140 feet to its intersection with Ca lIe Del Paseo.
§ 4-1 -306. Speed.
No person shall operate a bicycle, electric bicycle, or motorized bicycle at a speed greater than is reasonable and prudent under the conditions then existing, and in no event at a speed which endangers the safety of persons or property. No operator shall travel over 20 miles per hour.
§ 4-1 -307. Emerging from Entering Alley, Driveway, Bicycle Path.The operator of a bicycle, electric bicycle, or motorized bicycle emerging from an alley,driveway, bicycle path, building or otherwise approaching upon a sidewalk or sidewalkarea shall yield the right-of-way to all pedestrians on such sidewalk or sidewalk area,and upon entering a roadway, shall yield the right-of-way to all vehicles or bicycles on the roadway.
§ 4-1 -308. Parking.
No person shall leave a bicycle, electric bicycle, or motorized bicycle lying on its side on any sidewalk, nor upon the public right-of-way or the sidewalk rack to support the bicycle or against a building or at a curb, except in such a manner as to afford the least obstruction to pedestrian traffic.
§ 4-1.309. Sidewalks.
It shall be unlawful for any person to ride or operate any bicycle, electric bicycle, or motorized bicycle on any sidewalk.
§ 4-1 -310. Equipment.
A person shall not tamper with or modify a bicycle, electric bicycle, or motorized bicycle, so as to change the speed capability of such bicycle, unless they appropriately replace the label indicating the classification.
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(a) Every bicycle, electric bicycle, or motorized bicycle when operated within the City, shall comply with all of the equipment requirements contained in California Vehicle Code § 21201, and comply with the equipment and manufacturing requirements for such bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).
§ 4-1 -311. Age and Licensing Restrictions.
(a) A person riding an electric, or motorized bicycle is subject to the same provisions as a person riding a bicycle, as described in Article 4 of Chapter 1 of Division 11,commencing with Section 21200 of the California Vehicle Code. A rider must be 16 years of age or older to operate a Class 3 electric bicycle. A person under the age of 18 must wear a properly fitted and fastened bicycle helmet when riding anelectric bike on a public roadway, bikeway, bicycle path, bicycle trail, or bicycle route regardless of electric bicycle class. All people operating or riding as apassenger upon a Class 3 electric bicycle shall comply with Section 21213 of the California Vehicle Code regarding the wearing of a properly fitted and fastenedbicycle helmet. (b) A driver license with an M-1 or M-2 endorsement, registration, vehicle insurance, and a Department of Transportation (DOT) compliant helmet is required whenoperating a motorized bicycle. Motorized bicycles shall be operated in accordance with all applicable provisions of the California Vehicle Code and are not permitted on any bicycle path, trail, playground, park, school ground, or open space area in the City.
(c) Off-Highway Vehicle shall not be operated within the City limits, including but not limited to public roadways, parks, playgrounds, or paths.
ARTICLE 4: IMPOUNDS & ENFORCEMENT
§ 4-1 -401. Enforcement.
(a) Responsibility of parent. The parent of any child, and the guardian of any ward, shall not authorize or knowingly permit any minor child or ward to violate any of the provisions of this division.
(b) In addition to any other penalty authorized by law, any violation of this section shall constitute an infraction, and may be enforced pursuant to Chapter 1-9. § 4-1 -402. Storage for Violation of Law.
Any bicycle, electric bicycle, motorized bicycle, or off-highway vehicle is subject to beingtowed and stored at the owner’s expense for any violation of this chapter until the owner is compliant with the provisions of this chapter and the California Vehicle Code are complied with. Property retained by the City of Avalon or Los Angeles County Sheriff’s 65059.00000\41 755375.!
Department in excess of 90 days shall be disposed of in compliance with California Civil Code §2080.4.
§ 4-1.403. Removal from Public Property.
A seven-day notice of intent to remove will be attached to any bicycle, electric bicycle, motorized bicycle, or off-highway vehicle which is parked at a public facility for three ormore consecutive days beyond the length of time permitted. The notice shall be mailed, by registered mail, to the last registered owner of such bicycle, unless the bicycle isunregistered or is in such condition that identification numbers are not available to determine ownership. If such bicycle is not removed within seven days of the mailing and/or posting of the notice of intent to remove, the City may remove and store such bicycle as provided in § 4-1 .402. Neither the City nor a contractor thereof shall be liable for damage caused to a bicycle or a part thereof, or to any security device connected to the public property, by removal pursuant to this section. § 4-1.404. Recovery and Storage
The owner of any bicycle, electric bicycle, motorized bicycle, or off-highway vehiclefound, stored, or recovered, which is stored by the City or its agents, shall be charged daily storage fees and/or release fee in an amount to be set by resolution of the City Council. Prior to release of bicycles, electric bicycles, and motorized bicycles, the ownershall pay the storage fees and apply for and receive a license pursuant to the provisions of § 4-1.201. Prior to the release of off-highway vehicles, the owner shall pay the storage fees and sign a waiver of liability on a form approved by the City Attorney.
ARTICLE 5: SKATES AND SKATEBOARDS
§ 4-1.501. Skates and Skateboards.
(a) It shall be unlawful for any person to use any skateboard, skate, rollerblade or similar wheeled device on any public sidewalk, street, roadway or alley within the City between the hours of sunset and sunrise and during such other times that the enforcing agency issues a prior warning to forbid skating and skateboarding in such areas based upon the enforcing agency’s determination, within its discretion, that the number of persons and vehicles in the area are such as to render the skating activity unsafe. Notwithstanding the foregoing, skating and skateboarding may be permitted during such times and places for supervised events with prior written approval from the Council or the City Manager. (b) (1) It shall be unlawful for any person to use any skateboard at any time on any public wall, bench, fountain, sidewalk or stair and on any of the following public rights-of-way: all of Crescent Avenue from ManIla Avenue to and including all portions of South Beach and the Cabrillo Mole; Pebbly Beach Road from Crescent Avenue to the beginning of Lover’s Cove Walkway payers; Chimes 65059.00000\41 755375.1
Tower Road; Vieudelou Avenue; Hiawatha Avenue; Lower ManIla Avenue from Vieudelou Avenue down; West Whittley Avenue; East Whittley Avenue; Metropole Avenue from Tremont to Crescent Street; Country Club Drive; WrigleyRoad; Clarissa, Catalina, and Sumner Avenues from Third Street, including all alley ways that extend therefrom, to Crescent Street; Casino Walk between the intersection of Metropole and Crescent to the archway; and any other publicright-of-way of more than 10% grade that may be hereafter be accepted by the City and which the City Council identifies by resolution as consisting of such grade.
(2) It shall be unlawful for any person to use any skate at any time on any public wall, bench, fountain, sidewalk, stair and on any of the following public rights-ofway: Crescent Avenue from Clarissa to Metropole; on the Cabrillo Mole; ChimesTower Road; Vieudelou Avenue; Hiawatha Avenue; Lower ManIla Avenue from Vieudelou Avenue down; West Whittley Avenue; East Whittley Avenue; Metropole Avenue from Tremont to Crescent Street; Country Club Drive; Wrigley Road; Catalina and Sumner Avenues from Third Street, including all alley ways that extend therefrom, down to Crescent Street; Casino Walk between the intersection of Metropole and Crescent to the archway; and any other public right-of-way of more than 10% grade that may hereafter be accepted by the City and which the City Council identifies by resolution as consisting of such grade.
Section 3. Severability. If any section, subsection, subdivision, sentence, clause, orphrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, void, or invalid, such decisions shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional, void, or invalid.Section 4. CEQA Exemptions. The City Council finds that adoption of this Ordinance is not a project subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15378 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Additionally, this Ordinance is exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) because this Ordinance will not cause a change in any of the physical conditions within the area affected by the Ordinance. None of the exceptions to the exemptions found in State CEQA Guidelines section 15300.2 apply. Staff is hereby directed to prepare, executeand file with the Los Angeles County Clerk a CEQA Notice of Exemption within five (5) working days of the adoption of this Ordinance.
Section 5. Certification. The City Clerk of the City of Avalon shall certify the passageand adoption of this Ordinance and shall cause the same, or a summary thereof, to be65059.00000\4 1755375.! published and/or posted in the manner required by law.
Section 6. Effective Date. This Ordinance shall become effective thirty days from its adoption.
INTRODUCED at a regular meeting of the City Council of the City of Avalon on the 4th day of February 2025, by the following vote:
AYES:
NAYS:
ABSENT:ABSTAIN:
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 18th day of February 2025, 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
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