AVALON CITY COUNCIL MEETING
TUESDAY, APRIL 15, 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 / PLEDGE OF ALLEGIANCE / INVOCATION / ROLL CALL
PRESENTATIONS
1. Southern CA Edison will provide an update on utility service and Catalina Operations. (15 minutes)
2. Finance Director, Matthew Baker, will provide an overview of the Fiscal Year 2024-2025 Budget. (15 minutes)
ANNOUNCEMENTS / WRITTEN COMMUNICATIONS
DEPARTMENT HEAD REPORTS
CITY MANAGER REPORT / CITY ATTORNEY REPORT
COUNCILMEMBER REPORTS/REQUESTS / MAYOR REPORT
ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on non- agenda items at this meeting. Speakers should limit comments to two (2) minutes each.
CONSENT CALENDAR
City Council Minutes
Although the live recording is the official record of public meetings, minutes are prepared for the City Council's approval.
CITY COUNCIL AGENDA
APRIL 15, 2025
PAGE 2
Recommended Action
Approve minutes from the March 18 , 2025 and April 1, 2025 regular City Council Expenditures Submitted for Approval:
• US Bank General Account Warrants totaling $842, 179.68. • One payroll totaling $259,253.69.
• Four electronic fund transfers totaling $132,572.85.
Recommended Action
Approve total expenditures for March 24, 2025 through April 4, 2025 totaling $1,234,006.22.
GENERAL BUSINESS
3. On-Call Engineering Services Contract
The City released an RFP for on-call general engineering and technical areas of service on December 6, 2019. On January 7, 2020, the City awarded the On-Call Engineering Services contract to ESG Engineering, Inc. for an initial three-year term, with two one- year renewal terms. Currently on its second renewal term, the contract with ESG will expire in December 2025.
Recommended Action
1. Make the affirmative finding that the City will not gain a competitive advantage by bidding and can contract work more economically or efficiently pursuant to Avalon Municipal Code Section 3-4.111 (C), and 2. Award a professional services contract for on- call engineering for an amount not-to-exceed an annual cumulative total for all services of $800,000 to ESG Engineering, Inc. for a three-year term.
Cross Channel Wharfage Ordinance
The current costs of operating and improving the City's Harbor Facilities exceeds the fees generated by the Harbor Use and Wharfage Fees. At the March 12, 2025 City Council Meeting, City Staff recommended extending the existing $0.50 cross channel wharfage fee which is scheduled to sunset on June 30, 2025. Additionally, City Staff recommended increasing the cross channel wharfage rate by an additional $2.00 on cross channel carriers departing the Avalon Harbor area.
Recommended Action
Introduce and waive all further readings of an ordinance repealing and replacing chapter 10-2.402(a) of the Avalon Municipal Code, use fees for harbor cross channel passengers, and adoption of findings under the California Environmental Quality Act.
CITY COUNCIL AGENDA
APRIL 15, 2025
PAGE 3
First Reading of an Ordinance Establishing Rules and Regulations for Use of Avalon Beaches and Parks
In October 2024, the City Council discussed prohibition of tents on city-owned beaches.
In summer of 2024, the City received complaints regarding large camping tents and pop- ups on beaches along Crescent Avenue. The City Council requested City Staff bring back an ordinance establishing reasonable and enforceable regulations limiting the size of tents and shade structures on city-owned beaches.
Recommended Action
Introduce and waive all further readings of an Ordinance establishing Chapter 10-8 and 10-9 of the Avalon Municipal Code setting forth rules and regulations for use of Avalon beaches and parks.
ADJOURN
NOTICE OF POSTING
1, Devin Elise Hart, declare that the City Council Agenda for Tuesday, April 15, 2025 was posted on Thursday, April 10, 2025 on the City's website, www.cityofavalon.com/agendacenter, and at City Hall, 410 Avalon Canyon Road.
As Clice Haut
Devin Elise Hart, Senior Management Analyst
CITY OF AVALON CITY COUNCIL
MEETING DATE: April 15, 2025 AGENDA ITEM: 1
ORIGINATING DEP: City Clerk CITY MANAGER:_DMM
PREPARED BY: Gabrielle Morones, City Clerk
SUBJECT: City Council Minutes
2025 regular City Council Meetingsprove minutes from the March 18, 2025 and April 1, REPORT SUMMARY: Although the live recording is the official record of public meetings, minutes are prepared for the Council's approval.
FISCAL IMPACTS: N/A.
GOAL ALIGNMENT: Not Aligned.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.
FOLLOW UP ACTION: File minutes in the City Clerk's office.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
• March 18, 2025 special City Council Meeting Minutes
• April 1, 2025 regular City Council Meeting Minutes
AVALON CITY COUNCIL MEETING
TUESDAY, MARCH 18, 2025
MINUTES
CALL TO ORDER-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 ano City Clerk Gabrielle Morones.
ROLL CALL-5:00 p.m.
WRITTEN COMMUNICATIONS-City staff received two written communications egarding Item #7 Catalina Electric Car Company Autoette Rental Permit Applicatior and one written communication on Item #8 Advance Payment of Measure C Funds t the Catalina Island Medical Center (CIMC). Copies have been provided to city council and filed in the City Clerk's office.
PUBLIC HEARING
1. TDA Article 8 Hearing
The Metropolitan Transit Authority (MTA) was required to hold a public hearing on the community's unmet public transit needs in accordance with the Transportation Development Act (TDA) Article 8. TDA Article 8 funds are currently being used by the City of Avalon to fund Avalon's Consolidated Land Transportation Program which includes DAR and fixed routes.
Mayor Marshall opened the Public Hearing and no comments were heard from the public. Mayor Marshall closed the Public Hearing.
CONSENT CALENDAR-There were six items on the Consent Calendar. Mayor Marshall pulled Item #6 for further discussion. Motion to approve Items #1-#5 made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes) City Council Minutes
Approved minutes from the March 4, 2025 regular City Council Meetings.
3. Warrants
Approved US Bank General Account Warrants totaling $1,864,208.40, one payroll totaling $254,084.93, four electronic fund transfers totaling $156,626.86 totaling $2,274,920.19 for February 24, 2025 through March 7, 2025.
Revisions to the City's Records Retention Schedules
Adopted Resolution No. 25-08 of the City Council of the City of Avalon, California, Adopting a Records Retention Schedule, Authorizing Destruction of Certain City Records, and Rescinding Previous Resolution No. 17-37.
CITY COUNCIL MINUTES
MARCH 18, 2025
PAGE 2
Fourth of July Fireworks Procurement
Authorized the City Manager to execute agreements with Garden State Fireworks, Inc. to provide the firework show, and Curtin Maritime for the barge services for the Annual Fourth of July Celebration.
PULLED ITEM
Edison International Contribution Agreement
City Councilmember Schickling recused herself due to a Conflict of Interest.
Authorized the City Manager or his designee to execute a Contribution Agreement with Edison International.
Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (4 Ayes-Marshall, Lavelle, De La Rosa and Ponce; 1 Abstention-Schickling)
GENERAL BUSINESS
Catalina Electric Car Company Autoette Rental Permit Application After the staff presentation and comments from the Applicant and public, the City Council directed applicants Mike King and Matt Affolder to return to City Council at a later date with a revised application addressing the following concerns:
-Confirm that rentals hours are from 8:00 a.m. to 5:00 p.m., 7 days a week or 24 hrs.
-Receive landlord's approval at the proposed business facility located at Catalina Yamaha at 117 Clarissa Ave.
-Provide detail regarding drop off and pick-up location. -Address the type of autoette battery that will be used for the electric commercial autoettes.
-Have a discussion with the Fire Chief regarding the new California Building Standards that will be published July 1, 2025 with an effective date of January 1, 2026, due to concerns with the autoette batteries being stored below a residential unit.
Advance Payment of Measure C Funds to the Catalina Island Medical Center (CIMC)
After the staff presentation and public comments, the City Council gave direction to enter into the letter of interest which could lead to an agreement wherein the City advances approximately $2,800,000 for CIMC's participation in the Voluntary Rate Range Intergovernmental Transfer Program, which CIMC believes wil result in increased funding for CIMC. The City would be paid back through any available CIMC revenues, including Measure C funds, over the course of several years.
Motion to approve made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes)
CITY COUNCIL MINUTES
MARCH 18, 2025
PAGE 3
Options for City Council in Considering Tenant Protection and Rent Control Measures
After a presentation from the City Attorney, the City Council directed staff to report back with a list of units that can be effected by tenant protections and/or rent control measures and explore policy options that can be available to the City.
10. Discussion Regarding Cross Channel Wharfage
After a presentation from City Staff, the City Council directed city staff to not allow the wharfage rate to sunset, but rather increase the rate by $2.00 on cross channel carriers departing from Avalon Harbor and to bring back the item as a draft ordinance for their consideration.
Mayor Marshall adjourned the meeting at 7:48 p.m.
1, Gabrielle Morones, City Clerk, do hereby certify that the DVD videotape of the regular City Council Meeting on March 18, 2025, is the official record of the Council Meeting and is on file and maintained in City Hall.
lila
Gabrielle Morones, City Clerk
AVALON CITY COUNCIL MEETING
TUESDAY, APRIL 1, 2025
MINUTES
CALL TO ORDER-5:00 p.m.
ROLL CALL-Present via Teleconference and In-Person: Mayor Anni Marshall, Councilmembers Lisa Lavelle, Michael Ponce, Mary Schickling and Yesenia De La Rosa. Also present: City Manager David Maistros, City Attorney Scott Campbell and City Clerk Gabrielle
PRESENTATION
1. A Proclamation was presented to the Varsity Head Coach Nick Morones and the Avalon High School Football Team recognizing their accomplishment as 2024 CIF Southern Section 8-Man Division II Champions.
WRITTEN COMMUNICATIONS-City staff received two written communications regarding Item #7. Medical Cannabis Delivery Business Permit Application Direction_and ten written communications regarding Item #9. Discuss Revisions to Article 3 of Chapter 1 of Title 3 of the Avalon Municipal Code Modifying the Transient Rental Licensing System. Copies were distributed to City Council and have been filed in the City Clerk's Office.
CONSENT CALENDAR-There were three items on the Consent Calendar. Motion to approve Items #1-#3 made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes) Warrants
Approved US Bank General Account Warrants totaling $1,037,903.52, one payroll totaling $261,855.24, four electronic fund transfers totaling $53,661.26 totaling $1,353,420.02 for March 10, 2025 through March 21, 2025.
2. Declare old vehicles and equipment as surplus
Adopted Resolution No. 25-09 of the City Council of the City of Avalon Declaring Specified Equipment to be Surplus and Authorizing the Sale or Disposal Thereof. 2024 General Plan Housing Element Annual Progress Report Received and filed the General Plan Housing Element Annual Report for 2024 and irected staff to submit the Housing Element Annual Progress Report to the Californi epartment of Housing and Community Development and the Governor's Office
CITY COUNCIL MINUTES
APRIL 1, 2025
PAGE 2
GENERAL BUSINESS
On-Site Professionalized Services for a 5-Year Fire Hydrant Flow Test and Inspection Per the City's procurement policy and after City Staff presentation, the City Council authorized the City Manager or designee, to execute an agreement with Davis Fire Protection to provide on-site professionalized services for a 5-Year Fire Hydrant Flov Test and Inspection of approximately 200 fire hydrants in the City of Avalon for an amount not-to-exceed $25,000 from the Saltwater Capital Improvement Fund 11325- 6552.
Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)
Type III Engine Purchase
After the City Staff representation, the City Council 1. Authorized the City Manager or his designee to negotiate and execute a contract with South Coast Fire Equipment for a not-to-exceed sum of $700,000 as budgeted in the City's Fiscal Year 2024-25, Capital Improvement Project # 234501, Account #10245-
6871. 2. Amended the Capital Improvement Project # 234501, Account #10245-6871 by increasing the budget by $600,000 to offset the anticipated donation from Edison International.
Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes) Authorize the Purchase of an Off Road Emergency Response Vehicle After the City Staff's presentation, the City Council authorized the City Manager, or his designee, to purchase a 2025 Honda Pioneer 1000 and MEDLITE Transport Deluxe (MTD-103) Rescue Bed for an amount not-to-exceed $35,000 from Capital Improvement Project #234501, Account #10245-6871 from Huntington Beach Honda.
Motion to approve made by Lisa Lavelle, seconded Anni Marshall. (All Ayes) Medical Cannabis Delivery Business Permit Application Direction After the City Staff's presentation and public comment, the City Council 1. Made the finding that the City received one complete application for the Medical Cannabis Delivery Services Business Permit by the stated deadline - March 21, 2025 at 4 p.m. 2 Made the affirmative finding to reject an incomplete application received after the stated deadline.
Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)
CITY COUNCIL MINUTES
APRIL 1, 2025
PAGE 3
Award a Contract to Replace Piles on the Green Pleasure Pier and Club Dingy Dock After the City Staff's presentation, the City Council awarded a contract to the lowest responsible bidder to complete the scope of work identified by City Staff for the Green Pleasure Pier Pile Replacement Program.
Motion to approve made by Lisa Lavelle, seconded by Yesenia De La Rosa. (All Ayes) Original motion was rescinded and restated as staff recommendation was updated in the presentation slides stating:
1. Awarded a contract to Jilk Heavy Construction for the entire scope of the work specified in the RFP for the not-to-exceed sum of $1,300,000 from Green Pier Repair Fund 10470-6547, Project #247004 and Club Dingy Dock Replacement Project Fund 10470-6547, #207002.
2. Adjusted the Fiscal Year 2024-25 CIP Budget by consolidating Project #247004, allocating $600,000 for the replacement of the deck surface of the pier, to Project #180049 for pile replacement.
Motion to approve made by Lisa Lavelle, seconded by Yesenia De La Rosa. (All Ayes) BREAK-6:42 p.m.-6:50 p.m.
9. Discuss Revisions to Article 3 of Chapter 1 of Title 3 of the Avalon Municipal Code Modifying the Transient Rental Licensing System
After the City Staff's presentation and public comment, the City Council directed the Planning Commission to consider the proposed revisions regarding the transient rental license regulations at their next regular meeting. Planning Commission's recommendations will be brought back to the City Council as a draft ordinance for their consideration.
Mayor Marshall adjourned the meeting at 8:09 p.m.
1, Gabrielle Morones, City Clerk, do hereby certify that the DVD videotape of the regular City Council Meeting on April 1, 2025, is the official record of the Council Meeting and is on file and maintained in City Hall.
Stille Moun
Gabrielle Morones, City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: 2
April 15, 2025 AGENDA ITEM:
ORIGINATING DEP: Finance CITY MANAGER:_DMM
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve total expenditures for March 24, 2025 through April 4, 2025 totaling $1,234,006.22.
REPORT SUMMARY: These disbursements through April 4'h are comprised of warrants from the US Bank General Account totaling $842,179.68, one payroll totaling $259,253.69, and other electronic fund transfers totaling $132,572.85.
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 39730 - 39787 842, 179.68 03/28/25 259,253.69 04/04/25
EFT - OLYNS INC. RECYCLING CUBE 27,554.50 03/26/25
EFT - ALLIANT INSURANCE SERVICES - NEW HBR VESSEL 1,350.00 03/26/25 EFT - CALPERS MEDICAL 101,049.22 04/02/25
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 2,619.13 04/04/25 TOTAL DISBURSEMENTS $1,234,006.22
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 Credit Card Detail
CITY OF AVALON
MARCH 24 - APRIL 4, 2025 DISBURSEMENTS
Aprit 15, 2025
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 39730 - 39787 842,179.68 03/28/25 PAYROLL 255,253.69 04/04/25
LEFT - OLYNS INC. RECYCLING CUBE 27,554.50 03/26/25
LEFT - ALLIANT INSURANCE SERVICES - NEW HBR VESSEL 1,350.00 03/26/25 LEFT - CALPERS MEDICAL 101,049.22 04/02/25
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 2,619.13 04/04/25 TOTAL DISBURSEMENTS S 1,234,006.22
CERTIFICATE
IN ACCORDANCE WITH SECTION 32702
OF THE GOVERNMENT CODE, I CERTIFY
THAT THE ABOVE DEMANDS ARE ACCURATE
AND THAT FUNDS ARE AVAILABLE FOR
PAYMENT.
APPROVED AND AUDITED THIS
15TH DAY OF APRIL 2025 I CERTIFY UNDER PENALTY OF PERJURY
THAT THE FOREGOING IS TRUE AND
CORRECT.
AUDIT COMMITTEE -MICHAEL PONCE EXECUTED THIS 15TH DAY OF APRIL 2025
AUDIT COMMITTEE - MARY CHICKLING FINANCE DIRECTOR - MATTHEW BAKER
CITY OF AVALON
WARRANT DISBURSEMENTS
April 15, 2025
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
39730 3/28/2025 $ 240.95 ACTION SALES & METAL CO. SUPPLIES: HARBOR MAINTENANCE 39731 3/28/2025 $ ALEGRIA, MICHAEL VOID (REISSUE 4/11 VENDOR ERROR) 39732 3/28/2025 AMAZON CAPITAL SERVICES, INC. VOID: MULTIPLE STUB CHECK 39733 3/28/2025 1,160.65 AMAZON CAPITAL SERVICES, INC. SUPPLIES: ALL DEPARTMENTS 39734 3/28/2025 2,232.01 AVALON FREIGHT SERVICES, LLC FREIGHT: ALL DEPARTMENTS 39735 3/28/2025 242.00 AVALON MOORING & DIVING SERVICE: HARBOR 39736 3/28/2025 24,083.33 AVALON SHOREBOAT SERVICE CORP. CONTRACT SERVICES: 04/2025 39737 3/28/2025 1,226.10 CARSTARPHEN, ORNE RETIREE INSURANCE: 03/2025-04/2025 39738 3/28/2025 70.00 CATALINA BEVERAGE CO SUPPLIES: ALL DEPARTMENTS 39739 3/28/2025 49.95 CATALINA BROADBAND SOLUTIONS SERVICE: PUBLIC WORKS 39740 3/28/2025 8,397.75 CATALINA CANYON INN LODGING: USC BAND JULY 2025 39741 3/28/2025 $ 137,500.00 CATALINA CHAMBER OF COMMERCE TOT: 04/2025 39742 3/28/2025 200.00 CATALINA ISLAND JANITORIAL SERVICE: ADMINISTRATION & PLANNING 39743 3/28/2025 37,142.68 CATALINA ISLAND MEDICAL CENTER SALES TAX PASS THROUGH: 01/2025 39743 3/28/2025 $ 44,459.66 CATALINA ISLAND MEDICAL CENTER SALES TAX PASS THROUGH: 11/2024 39743 3/28/2025 50,875.91 CATALINA ISLAND MEDICAL CENTER SALES TAX PASS THROUGH: Q4-2024 39744 3/28/2025 144.00 CATALINA ISLANDER ADVERTISING: ADMINISTRATION 39745 3/28/2025 706.74 CDW GOVERNMENT SUPPLIES: IT
39746 3/28/2025 $ 12,804.76 CIVICPLUS, LLC SERVICE: ADMINISTRATION & RECREATION 39747 3/28/2025 170,117.93 CO. OF LOS ANGELES SHERIFF'S DEPT. RESIDENT DEPUTY: 02/2025 39748 3/28/2025 240.74 CORE & MAIN SUPPLIES: ALL DEPARTMENTS 39749 3/28/2025 10,050.00 DAVIS FARR LLP SERVICE: FINANCE 39750 3/28/2025 DELTA DENTAL VOID MULTI STUB CHECK (DENTAL 03/25) 39751 3/28/2025 14,212.22 DELTA DENTAL DENTAL: 04/2025
39752 3/28/2025 508.31 DION & SONS MARINE FUELS INC FUEL: HARBOR 39753 3/28/2025 1,462.50 ESPRY, INC. SERVICE: IT
39754 3/28/2025 1,123.30 FIDELITY SECURITY LIFE INSURANCE VISION: 03/2025 39755 3/28/2025 GLOBAL EQUIPMENT COMPANY VOID: VENDOR ERROR 39756 3/28/2025 1,786.93 HARRY'S MARINE SERVICE, LLC SUPPLIES: HARBOR 39757 3/28/2025 61.08 HERNANDEZ, JEFFREY REIMBURSEMENT O/P COSTS 39758 3/28/2025 1,631.55 ICON INTERNATIONAL INC SUPPLIES: HARBOR 39759 3/28/2025 14,200.54 IDR ENVIRONMENTAL SERVICES HW DISPOSAL 39760 3/28/2025 1,229.17 IWORQ SYSTEMS INC. SOFTWARE LEASE: ADMINISTRATION 39761 3/28/2025 155.75 JORDAHL CONSTRUCTION TIRE DISPOSAL 39762 3/28/2025 1,132.97 LAVELLE, LISA REIMBURSEMENT O/P COSTS 39763 3/28/2025 918.50 MASA DUES: 04/2025
39764 3/28/2025 817.76 MATTHEWS INTERNATIONAL CORPORATION SUPPLIES: CEMETERY 39765 3/28/2025 27.63 ISLAND EXPRESS HELICOPTERS INC. FREIGHT: PUBLIC WORKS 39766 3/28/2025 710.15 MCDONALD, AUDRA RETIREE INSURANCE: 04/2025 39767 3/28/2025 679.78 MCMASTER-CARR SUPPLIES: PUBLIC WORKS 39768 3/28/2025 5,580.00 METROPOLE LLC REFUND CANNABIS APPLICATION FEE 39769 3/28/2025 200.88 MORONES, MARISA REIMBURSEMENT O/P COSTS 39770 3/28/2025 134.324.76 PERC WATER CONTRACT SERVICES: 02/2025 39770 3/28/2025 64,810.58 PERC WATER MONTHLY MAINTENANCE: 02/2025 39771 3/28/2025 $ 3,542.00 POLYDYNE, INC. SUPPLIES: WWTP 39772 3/28/2025 $ 2,049.00 QUADIENT POSTAGE REFILL
39773 3/28/2025 709.09 QUILL CORP SUPPLIES: ALL DEPARTMENTS 39774 3/28/2025 $ 297.56 RICOH USA, INC. COPIER LEASE: PLANNING 39775 3/28/2025 9,357.91 SIRIA'S CLEANING SERVICE 2ND HALF 03/2025 39776 3/28/2025 STANDARD INSURANCE COMPANY VOID MULTI STUB CHECK (LIFE INS 03/25) 39777 3/28/2025 2,411.78 STANDARD INSURANCE COMPANY LIFE INSURANCE: 04/2025 39778 3/28/2025 12,304.00 STAY GREEN, INC. SERVICE: PUBLIC WORKS 39779 3/28/2025 CORPORATE PAYMENT SYSTEMS VOID MULTIPLE STUB CHECK 39780 3/28/2025 CORPORATE PAYMENT SYSTEMS VOID MULTIPLE STUB CHECK 39781 3/28/2025 33,280.01 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL 39782 3/28/2025 18,750.00 VEGA, EDMUNDO CONTRACT SERVICES: 03/2025 39783 3/28/2025 2,343.97 VERIZON WIRELESS COMMUNICATIONS: ALL 39784 3/28/2025 1,094.49 WALTERS WHOLESALE ELECTRIC CO SUPPLIES: PUBLIC WORKS 39785 3/28/2025 392.62 WEST MARINE PRO SUPPLIES: HARBOR 39786 3/28/2025 $ 6,883.63 WESTRIDGE ENVIRONMENTAL GROUP SUPPLIES: WWTP 39787 3/28/2025 1,244.10 ZOLL MEDICAL CORP. SUPPLIES: FIRE 842,179.68
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID MARCH 28, 2025
April 15, 2025
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT BAKER 3/4/2025 304.34 ZOOM SUBSCRIPTION: IT FINANCE
BAKER 3/13/2025 25.00 STATE WATER BOARD ANNUAL PERMIT FEE: STORM WATER FINANCE BAKER 3/13/2025 1.00 OPC STATE WB FEE INNUAL PERMIT FEE: STORM WATE FINANCE BAKER 3/14/2025 3,630.00 STATE WATER BOARD INNUAL PERMIT FEE: STORM WATE FINANCE BAKER 3/14/2025 99.83 OPC STATE WB FEE ANNUAL PERMIT FEE: STORM WATER FINANCE CORDERO 3/6/2025 9,043.60 INTELLIMAR, INC SUPPLIES: PUBLIC WORKS PUBLIC WORKS D.E. HART 2/19/2025 83.38 CATALINA COFFEE & CO AVALON SUPPLIES: MEETING DCL ADMINISTRATION - CIF D.E. HART 2/20/2025 8.19 VONS UPPLIES: MEETING DO ADMINISTRATION D.E. HART 3/3/2025 35.00 SINCH MAILGUN PERATION COSTS: I ADMINISTRATION D.E. HART 3/4/2025 82.96 CYBERLINK ADMINISTRATION
D.E. HART 3/6/2025 146.90 REMARKABLE OSLO ADMINISTRATIOI D.E. HART 3/17/2025 15.00 QUICK EISGN LLC ADMINISTRATIOR DAVID HART 2/24/2025 156.97 DELTA AIR TRAINING: AIRFAIR RECREATION DAVID HART 2/24/2025 156.97 DELTA AIR TRAINING: AIRFAIR RECREATION DAVID HART 2/26/2025 3,505.50 SP LEAGUE OUTFITTERS SUPPLIES: YOUTH PROGRAMS (BASKETBALL) RECREATION DAVID HART 2/28/2025 185.99 VONS SUPPLIES: PRIME TIMERS RECREATION DAVID HART 3/3/2025 19.79 CHET'S HARDWARE SUPPLIES: YOUTH PROGRAMS (JMF) RECREATION DAVID HART 3/4/2025 347.50 CATALINA EXPRESS TRAVEL: CONTRACT SERVICES (DANCE) RECREATION DAVID HART 3/4/2025 246.38 SP LEAGUE OUTFITTERS JPPLIES: YOUTH PROGRAMS (BASKETBAI RECREATION DAVID HART 3/4/2025 20.08 SP LEAGUE OUTFITTERS JPPLIES: YOUTH PROGRAMS (BASKETBAI RECREATIOI DAVID HART 3/4/2025 52.78 CHET'S HARDWARE SUPPLIES: SMALL TOOLS RECREATION DAVID HART 3/4/2025 218.22 ESIGNS SUPPLIES: SPECIAL EVENTS RECREATION DAVID HART 3/7/2025 178.27 SIGNS SUPPLIES: PARK FACILITIES RECREATION DAVID HART 3/10/2025 19.78 CHET'S HARDWARE SUPPLIES: YOUTH PROGRAMS (JMF) RECREATION DAVID HART 3/14/2025 1,069.00 RAMPTECH.COM SUPPLIES: PARK FACILITIES (SKATE PARK) RECREATION FRANCIS 2/20/2025 24.61 UPS POSTAGE ADMINISTRATION
FRANCIS 3/4/2025 130.35 VISTAPRINT SUPPLIES: OFFICE ADMINISTRATION FRANCIS 3/14/2025 950.00 PAYPAL CALIFORNIA CONTRACT CITIES TRAINING: CONFERENCE ADMINISTRATION FRANCIS 3/17/2025 467.85 CATALINA CANYON INN LODGING: PROFESSIONAL SERVICES IT ADMINISTRATION FRANCIS 3/17/2025 467.85 CATALINA CANYON INN LODGING: PROFESSIONAL SERVICES IT ADMINISTRATION FRANCIS 3/17/2025 82.95 ADOBE OPERATION COSTS: IT ADMINISTRATION FRANCIS 3/17/2025 56.38 GALLS SUPPLIES: TRAFFIC SAFETY ADMINISTRATION GILBERT 2/24/2025 61.70 CHET'S HARDWARE SUPPLIES: CIP 252501 (TOW YARD) PLANNING & BUILDING GILBERT 2/24/2025 75.08 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES (JMF) PLANNING & BUILDING GILBERT 3/3/2025 40.06 CHET'S HARDWARE SUPPLIES: CIP 252501 (TOW YARD) PLANNING & BUILDING GILBERT 3/5/2025 23.41 CHET'S HARDWARE SUPPLIES: CIP 252501 (TOW YARD) PLANNING & BUILDING GILBERT 3/7/2025 16.49 CHET'S HARDWARE SUPPLIES: CIP 252501 (TOW YARD) PLANNING & BUILDING GILBERT 3/7/2025 14.29 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES(SHOP) PLANNING & BUILDING GILBERT 3/10/2025 21.44 CHET'S HARDWARE SUPPLIES: CIP 246502 (SKATEPARK) PLANNING & BUILDING GILBERT 3/10/2025 70.37 CHET'S HARDWARE SUPPLIES: CIP 246502 (SKATEPARK) PLANNING & BUILDING GILBERT 3/12/2025 28.58 CHET'S HARDWARE SUPPLIES: CIP 246502 (SKATEPARK) PLANNING & BUILDING GILBERT 3/12/2025 114.37 CHET'S HARDWARE SUPPLIES: CIP 180003 (FIVE CORNERS) PLANNING & BUILDING GILBERT 3/17/2025 51.68 CHET'S HARDWARE SUPPLIES: CIP 246502 (SKATEPARK) PLANNING & BUILDING HMIELAK 2/21/2025 398.24 VER SALES INC SUPPLIES: FLOAT MAINTENANCE PUBLIC WORKS HMIELAK 2/21/2025 82.47 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKS HMIELAK 2/28/2025 (1,389.29) PARTZILLA.COM CREDIT PUBLIC WORKS HMIELAX 2/28/2025 24.18 CHET'S HARDWARE SUPPLIES: OFFICE PUBLIC WORKS HMIELAK 3/3/2025 713.29 IN EZ CONNECT FLOATS SUPPLIES: FLOAT MAINTENANCE PUBLIC WORKS HMIELAK 3/3/2025 333.18 RED WING SHOES UNIFORMS: PUBLIC PUBLIC WORKS HMIELAK 3/7/2025 1,868.90 EBERHARD EQUIPMENT VEHICLE EQUIPMENT MAINTENANCE/REPAIR PUBLIC WORKS HMIELAK 3/11/2025 (5.34) FD CA DMV STATE REFUND VEHICLE REGISTRATION PUBLIC WORKS HMIELAK 3/11/2025 (254.00) FD CA DMV STATE REFUND VEHICLE REGISTRATION PUBLIC WORKS HMIELAK 3/12/2025 86.88 CHET'S HARDWARE SUPPLIES: CIP 247005 (GREEN PIER) PUBLIC WORKS HMIELAK 3/12/2025 8.24 CHET'S HARDWARE SUPPLIES: CIP 247005 (GREEN PIER) PUBLIC WORKS HMIELAK 3/12/2025 117.21 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: CIP 247005 (GREEN PIER) PUBLIC WORKS J. HERNANDEZ 2/27/2025 162.48 TANNER FASTENERS & IND SUPPLIES: SMALL TOOLS PUBLIC WORKS J. HERNANDEZ 3/5/2025 84.10 CHET'S HARDWARE SUPPLIES: SMALL TOOLS PUBLIC WORKS J. HERNANDEZ 3/5/2025 37.38 CHET'S HARDWARE SUPPLIES: SMALL TOOLS PUBLIC WORKS J. HERNANDEZ 3/12/2025 1,055.09 GOMEZ CROWERS INC LONG BEACH SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKS J. HERNANDEZ 3/14/2025 3,560.94 GRATING PACIFIC INC SUPPLIES: MAINTENANCE STORM DAMAGE PUBLIC WORKS M. DAILY 2/24/2025 423.00 GETJOAN.COM OPERATION COSTS: IT ADMINISTRATION M. DAILY 2/28/2025 86.50 DNH *GODADDY OPERATION COSTS: IT ADMINISTRATION M. DAILY 3/3/2025 15.00 SPAM HERO OPERATION COSTS: IT ADMINISTRATION M. DAILY 3/3/2025 1,616.17 DMI* DELL HIGHER EDUC OPERATION COSTS: IT ADMINISTRATION M. DAILY 3/3/2025 120.00 DUO.COM OPERATION COSTS: IT ADMINISTRATION M. DAILY 3/3/2025 684.00 GOTOCOM RESOLVE GOTO.CON OPERATION COSTS: IT ADMINISTRATION M. DAILY 3/4/2025 175.50 DOMOTZ IN. DOMOTZ.COM OPERATION COSTS: IT ADMINISTRATION M. DAILY 3/17/2025 25.00 CLOUDFLARE OPERATION COSTS: IT ADMINISTRATION MJALEGRIA 2/20/2025 214.35 STARLINK INTERNET SERVICE: MEMBERSHIP AND DUES FIRE MIALEGRIA 2/20/2025 213.98 STARLINK INTERNET SERVICE: MEMBERSHIP AND DUES FIRE MJALEGRIA 2/20/2025 10.00 CATALINA ISLAND CHAMBER CONFERENCE: CHAMBER FIRE MJALEGRIA 2/24/2025 2.99 APPLE.COM OPERATION COSTS: IT FIRE MIALEGRIA 2/27/2025 (4,600.00) FDIC JEMS CREDIT FIRE
MIALEGRIA 3/7/2025 229.07 COSTCO SUPPLIES FIRE
MIALEGRIA 3/7/2025 274.96 COSTCO SUPPLIES: MAINTENANCE OF PREMISES FIRE MIALEGRIA 3/7/2025 43.99 COSTCO SUPPLIES: MAINTENANCE OF PREMISES FIRE MIALEGRIA 3/7/2025 201.86 COSTCO FIRE
MIALEGRIA 3/10/2025 102.86 COSTO WHSE FIRE
MJALEGRIA 3/17/2025 750.00 STARLINK INTERNET FIRE
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID MARCH 28, 2025
April 15, 2025
LAST NAME POST DATE VENDOR DESCRIPTION DEPARTMENT
HERNANDEZ 2/24/2025 41.20 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES HARBOR MAINTENANCE P. HERNANDEZ 2/24/2025 39.57 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES HARBOR MAINTENANCE P. HERNANDEZ 2/24/2025 43.99 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES HARBOR MAINTENANCE P. HERNANDEZ 2/24/2025 5.49 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES HARBOR MAINTENANCE P. HERNANDEZ 3/10/2025 8.79 CHET'S HARDWARE SUPPLIES: FLOAT MAINTENANCE HARBOR MAINTENANCE P. HERNANDEZ 3/17/2025 87.99 CHET'S HARDWARE SUPPLIES: FLOAT MAINTENANCE HARBOR MAINTENANCE P. HERNANDEZ 3/17/2025 83.56 CHET'S HARDWARE SUPPLIES: FLOAT MAINTENANCE HARBOR MAINTENANCE P. HERNANDEZ 3/17/2025 SUPPLIES: MAINTENANCE OF PREMISES HARBOR MAINTENANCE ROGELIO H. 2/19/2025 37.38 CHET'S HARDWARE SUPPLIES: SMALL TOOLS PUBLIC WORKS ROGELIO H. 2/21/2025 37.37 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKS ROGELIO H. 2/21/2025 8.24 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKS ROGELIO H. 2/21/2025 86.88 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKS ROGELIO H. 2/21/2025 43.26 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: CIP 246502 (SKATEPARK) PUBLIC WORKS ROGELIO H. 2/24/2025 21.98 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKS ROGELIO H. 2/24/2025 67.03 CHET'S HARDWARE SUPPLIES: CIP 247005 (GREEN PIER) PUBLIC WORKS ROGELIO H. 2/26/2025 68.16 CHET'S HARDWARE SUPPLIES: SMALL TOOLS PUBLIC WORKS ROGELIO H. 2/26/2025 47.26 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES (CEMETERY) PUBLIC WORKS ROGELIO H. 2/26/2025 83.86 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: STREET MAINTENANCE PUBLIC WORKS ROGELIO H. 2/27/2025 78.40 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKS ROGELIO H. 2/27/2025 2.82 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKS ROGELIO H. 2/27/2025 21.95 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKS ROGELIO H. 3/3/2025 SUPPLIES: CIP 247005 (GREEN PIER) PUBLIC WORKS ROGELIO H. 3/3/2025 61.48 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKS ROGELIO H. 3/5/2025 48.38 CHET'S HARDWARE SUPPLIES: CIP 247005 (GREEN PIER) PUBLIC WORKS ROGELIO H. 3/S/2025 SUPPLIES: CIP 247005 (GREEN PIER) PUBLIC WORKS ROGELIO H. 3/6/2025 SUPPLIES: CIP 247005 (GREEN PIER) PUBLIC WORKS ROGELIO H. 3/6/2025 19.06 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKS ROGELIO H. 3/6/2025 3.93 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKS ROGELIO H. 3/6/2025 39.06 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: CIP 247005 (GREEN PIER) PUBLIC WORKS ROGELIO H. 3/7/2025 16.48 CHET'S HARDWARE SUPPLIES: CIP 247005 (GREEN PIER) PUBLIC WORKS ROGELIO H. 3/7/2025 71.49 CHET'S HARDWARE SUPPLIES: CIP 247005 (GREEN PIER) PUBLIC WORKS ROGELIO H. 3/10/2025 44.11 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKS ROGELIO H. 3/10/2025 SUPPLIES: SMALL TOOLS PUBLIC WORKS ROGELIO H. 3/10/2025 SUPPLIES: MAINTENANCE OF PREMISES(WWTP) PUBLIC WORKS ROGELIO H. 3/10/2025 SUPPLIES: PARK FACILITIES (JMF) PUBLIC WORKS ROGELIO H. 3/13/2025 SUPPLIES: CIP 247005 (GREEN PIER) PUBLIC WORKS ROGELIO H. 3/13/2025 42.33 CHET'S HARDWARE SUPPLIES: SMALL TOOLS PUBLIC WORKS ROGELIO H. 3/13/2025 SUPPLIES: STORM DAMAGE PUBLIC WORKS ROGELIO H. 3/14/2025 62.68 CHET'S HARDWARE SUPPLIES: SMALL TOOLS PUBLIC WORKS ROGELIO H. 3/14/2025 59.33 CHET'S HARDWARE SUPPLIES: CIP 247005 (GREEN PIER) PUBLIC WORKS ROGELIO H. 3/14/2025 20.88 CHET'S HARDWARE SUPPLIES: CIP 247005 (GREEN PIER) PUBLIC WORKS ROGELIO H. 3/17/2025 89.05 CHET'S HARDWARE SUPPLIES: SMALL TOOLS PUBLIC WORKS ROGELIO H. 3/17/2025 54.99 CHET'S HARDWARE SUPPLIES: SMALL TOOLS PUBLIC WORKS ROGELIO H. 3/17/2025 23.40 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: MAINTENANCE OF PREMISES(WWTP) PUBLIC WORKS RUBIO, L. 3/13/2025 90.00 CATALINA EXPRESS TRAVEL: BOAT HARBOR MAINTENANCE RUBIO, L. 3/13/2025 94.00 CATALINA EXPRESS TRAVEL: BOAT HARBOR MAINTENANCE RUBIO, L. 3/13/2025 31.69 TACOS EL TAPATIO LAKEWOOD TRAVEL: MEAL HARBOR MAINTENANCE RUBIO, L. 3/13/2025 VEHICLE EQUIPMENT MAINTENANCE/REPAIR HARBOR MAINTENANCE CAMPBELL, C 3/12/2025 14.99 CANVA SUBSCRIPTION: IT ADMINISTRATION $ 33,280.01 Check 39781
CITY OF AVALON CITY COUNCIL
MEETING DATE: April 15, 2025 AGENDA ITEM: 3
ORIGINATING DEP: Public Works CITY MANAGER: DMM
PREPARED BY: Robert Greenlaw, CIP Director
Devin Hart, Senior Management Analyst
SUBJECT: On-Call Engineering Services Contract
RECOMMENDED ACTION(S): 1. Make the affirmative finding that the City will not gain a competitive advantage by bidding and can contract work more economically or efficiently pursuant to Avalon Municipal Code Section 3-4.111 (c), and 2. Award a professional services contract for on-call engineering for an amount not-to-exceed an annual cumulative total for all services of $800,000 to ESG Engineering, Inc. for a three-year term.
REPORT SUMMARY: The City released an RFP for on-call general engineering and technical areas of service on December 6, 2019. On January 7, 2020, the City awarded the On-Call Engineering Services contract to ESG Engineering, Inc. for an initial three-year term, with two one-year renewal terms. Currently on its second renewal term, the contract with ESG will expire in December 2025.
The City of Avalon has several Capital Improvement Program (CIP) projects and on-going maintenance needs that occasionally require technical areas of service. Currently the City has one on-call engineering firm to assist with engineering in civil, mechanical, electrical, geotechnical, and structural disciplines, and various other services. Ultimately it is Staff's desire to have an approved list of firms for general and specialized technical areas of service.
Many of the City's projects have a specific timeline to adhere to. Sometimes, the need for services is of limited scope and timeline, making it beneficial from a cost and timing perspective to have someone "on-call." Alternatively, a request for proposals for technical areas of engineering services could be solicited for each project and task. This option requires additional time and administrative preparation for each contract and can be cost prohibitive for certain projects that have specific timelines or require immediate services.
ESG Engineering, Inc. is currently engaged with City Staff on a number of complex CIP projects. Due to the level of nuance and the timing of these projects, City Staff believe there will be no competitive advantage to bidding the on-call engineering services contract at this time. Avalon Municipal Code (AMC) Section 3-4.111 (c) outlines an exception from bidding and other competitive procedures for economic efficiency. Per the AMC:
If a competitive market does not exist, or the City will not gain a competitive advantage by using the formal contract bid or other competitive procedure, or where the public project, goods or services may be obtained more economically or efficiently without the procedure, the City may dispense with formal bidding or other competitive procedures.
It is Staff's intention to release a future on-call engineering RFP for technical services to ensure competitive pricing as needs arise that are outside the scope of the work that ESG Engineering will provide. Additional information will be requested which will include questions regarding how the firm intends to provide services and keep costs down considering the "island cost factor.".
The total not-to-exceed for all task orders is $800,000 for each fiscal year. Additionally task orders for on-call services will be driven by the approved budget. Annually funds cannot be spent unless they are a part of an approved, budgeted, project or account or receive additional City Council approval in accordance with the approved budget and fiscal policies of the budget.
Task orders related to grant funds may be eligible for reimbursement or payment through grants, and will be accounted for in the grant project's budget.
FISCAL IMPACTS: Not to exceed $800,000 for all task orders per fiscal year for all approved on-call engineer services, for a contract of three years. Funding will be allocated to the appropriate budgeted project.
GOAL ALIGNMENT: Fiscal responsibility.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will need to procure the engineering related services for each project and task order which may take more time and cost additional funds.
FOLLOW UP ACTION: Draft and execute contract agreement with ESG Engineering Inc.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENT: None.
CITY OF AVALON CITY COUNCIL
4 MEETING DATE: April 15, 2025 AGENDA ITEM:
ORIGINATING DEP: Finance CITY MANAGER: DMM
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Cross Channel Wharfage Ordinance
RECOMMENDED ACTION(S): Introduce and waive all further readings of an ordinance repealing and replacing chapter 10-2.402(a) of the Avalon Municipal Code, use fees for harbor cross channel passengers, and adoption of findings under the California Environmental Quality Act.
REPORT SUMMARY: The current costs of operating the City's Harbor Facilities and scheduled upgrades of those facilities exceed the fees generated by the Harbor Use and Wharfage Fees. At the March 12, 2025 City Council Meeting, City Staff recommended extending the existing $0.50 cross channel wharfage fee which is scheduled to sunset on June 30, 2025. Additionally, City Staff recommended increasing the cross channel wharfage rate by an additional $2.00 on cross channel carriers departing the Avalon Harbor area, from $3.00 to $5.00. City Staff prepared an analysis of its operations to determine the per passenger cross channel wharfage fee that would reimburse the City's Harbor Fund on a cost-based and proportional basis. The proposed fee increases are required to adequately fund the cross channel passenger's share of operations and planned capital outlays in the harbor as outlined in the analysis, which has been included as an attachment to this report.
The proposed application of the fee on departures only is to balance the current $2.00 Measure H special tax assessed on arrivals and would result in a total cost imposed by the City of $10.00 round-trip ($8.00 for Cross Channel Wharfage and $2.00 Measure H Special 1 880 or Tax). When the Measure H Special Tax ceases to be imposed, the City could reduce or modify the fees increased herein, if the fiscal situation merits such a reduction.
The proposed $2.00 increase would generate an additional $1.30 million in new cross-channel wharfage revenues dedicated to fund capital projects. Based on prior discussions with cross channel operators, City Staff proposes implementing the wharfage increase effective September 2, 2025 to provide operators with adequate notice in consideration for existing advertisements and bookings under the current rate.
Effective thirty (30) days after the adoption of the ordinance, City Staff is proposing to charge 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, $3.00 for each passenger so landed, discharged, loaded or embarked. The effect of this would be to extend to $.50 fee scheduled to end on June 30, 2025.
Effective September 2, 2025, City Staff is proposing to charge 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, $3.00 for each passenger so landed, discharged, and $5.00 for each passenger so loaded or embarked.
City Staff further recommends conducting a review of use rates on a periodic basis to ensure the Harbor Fund is reimbursed by its users on a cost-based and proportional basis.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Avalon Municipal Code will not be amended and the cross channel wharfage will remain $3.00 per passenger until June 30, 2025 and be reduced by $0.50 per passenger beginning July 1, 2025. City woulo not have sufficient revenues in the Harbor Fund to fund planned capital outlays and Harbor operations, including the second phase of the Cabrillo Mole Ferry Terminal Rehabilitation Project.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: Ordinance; Cross Channel Wharfage Rate Analysis Memorandum dated March 26, 2025
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVALON REPEALING AND REPLACING CHAPTER 10-2.402(a) OF THE AVALON MUNICIPAL CODE, USE FEES FOR
HARBOR CROSS CHANNEL PASSENGERS, AND ADOPTION OF FINDINGS UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Avalon (the "City") funds a portion of the costs for operating and maintaining the harbor and harbor facilities on through use fees imposed upon passengers who leave or return to the City through the City's harbor facilities; and WHEREAS, currently, the costs of operating and maintaining the harbor and harbor facilities exceed the revenues generated by these fees; and
WHEREAS, certain capital projects need to be undertaken to properly maintain these harbor facilities; and
WHEREAS, all revenues collected in the Harbor Fund, including wharfage fees, are used solely for harbor operating and capital expenditures to ensure the continued safety and enjoyment of the harbor; and WHEREAS, in December 2018, the City Council amended the Avalon Municipal Code Section 10-
2.402(a) to increase wharfage fees on cross channel passengers to three dollars ($3.00) for each passenger who landed, discharged, loaded or embarked on or after March 1, 2019 until February 28, 2021; and WHEREAS, in October 2020, the City Council amended the Avalon Municipal Code Section 10-
2.402(a) to extend the above increase in wharfage fees on cross channel passengers until June 30, 2025; and WHEREAS, the City desires to increase the wharfage fees on cross channel arrivals to recoup more of the costs of operating and maintaining the harbor and harbor facilities on a cost-based and proportional basis.
WHEREAS, cross channel passengers for purposes of this Ordinance are those who land, discharge, load or embark on, to or from the City's harbor facilities, and excludes cruise ship passengers or certain other people as specifically defined in the Municipal Code; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. Section 10-2.402, subdivision (a), is repealed and replaced to read as follows:
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, A-1
to, or from such harbor facilities, $3.00 for each passenger so landed, discharged, loaded or embarked.
Commencing on September 2, 2025, the fees shall be as follows:
(1) Three dollars ($3.00) for each passenger so landed or discharged; and (2) Five dollars ($5.00) for each passenger so loaded or embarked.
Section 3. The City Council hereby finds that the fees shall be used for covering the operating expenses of the harbor, to purchase supplies, equipment, and materials for the harbor and harbor facilities, to meet the City's financial reserve needs and requirements, and to obtain funds necessary for capital projects in order to maintain services within the harbor. The City Council further finds that such fees are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the harbor and harbor facilities. Based on these findings, the City Council hereby determines that this Ordinance is exempt from the requirements of CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a).
Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Avalon hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 5. The City Council of the City of Avalon shall certify the passage and adoption of this ordinance and shall cause the same to be published and/or posted in the manner required by law.
INTRODUCED at a regular meeting of the City Council of the City of Avalon on the 15'" day of April 2025, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
A-2
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 6" day of May 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
A-3
CITY OF AVALON CITY COUNCIL
MEETING DATE: April 15, 2025 AGENDA ITEM: 5
ORIGINATING DEP: Administration CITY MANAGER: _DMM
PREPARED BY: David Maistros, City Manager
SUBJECT: First Reading of an Ordinance Establishing Rules and Regulations for Use of Avalon Beaches and Parks
RECOMMENDED ACTION(S): Introduce and waive all further readings of an Ordinance establishing Chapter 10-8 and 10-9 of the Avalon Municipal Code setting forth rules and regulations for use of Avalon beaches and parks.
REPORT SUMMARY: In October 2024, the City Council discussed prohibition of tents on city- owned beaches. In summer of 2024, the City received complaints regarding large camping tents and pop-ups on beaches along Crescent Avenue. Specifically, residents and visitors noted the tents restricted access to the beach, inhibited enjoyment of the view, and were erected for many consecutive days without continual usage.
The Avalon Municipal Code does prohibit tents in Avalon. Section 5-5.02 of the AMC states:
It shall be unlawful for any person to camp or to erect or maintain tents or other temporary shelters or occupy the same at any place within the City limits.
Concerns exist regarding the ability to enforce the existing code as it relates common activity encountered on our beaches. Section 5-5.02 could certainly be used to prohibit the pop-up canopies and four-pole tents that are so commonplace. However, would a regular beach umbrella be prohibited as an "other temporary shelters" pursuant to the AMC? Establishing a clear definition of what is prohibited would be recommended prior to moving forward with enforcement of Section 5.5.02 as it related to the beaches in Avalon.
During the October 22, 2024 City Council Meeting, the City Council requested City Staff bring back an ordinance establishing reasonable and enforceable regulations limiting the size of tents and shade structures on city-owned beaches.
City Staff conducted a survey of beach cities and noted that most beach cities have robust regulations regarding use of public property including beaches and parks. With the intention to maintain and maximize the natural beauty and aesthetic of beach and park areas; the availability of limited beach and park areas for diverse uses; and public safety, City Staff developed an ordinance to formally codify regulations for use of the City's beaches and parks.
These proposed regulations include:
• Provisions against overnight camping, fires, littering and the consumption of alcohol. • Provisions regarding the erection of shade covering devices on the beach. • Permit requirements for large gatherings on the beach. • Provisions regarding conduct in City Parks.
FISCAL IMPACTS: Undetermined.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not have updated regulations regarding conduct on beaches and parks.
FOLLOW UP ACTION: Implement Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda in compliance with the Brown Act.
ATTACHMENTS: None.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AVALON, CALIFORNIA ESTABLISHING CHAPTERS 10-8 AND 10-9 OF THE AVALON
MUNICIPAL CODE SETTING FORTH RULES AND REGULATIONS FOR USE OF AVALON
BEACHES AND PARKS
WHEREAS, police power to promote the public peace, morals, health, safety and general welfare authorizes the City of Avalon to regulate the use of public property; and WHEREAS, the City Council wishes to impose reasonable restrictions on the time, place and manner of Avalon beach and park use; and
WHEREAS, the city intends to maintain and maximize: (1) the natural beauty and aesthetic attractiveness of beach and park areas; (2) the availability of limited beach and park areas for diverse uses; and (3) public safety, including, without limitation, the free flow of pedestrian and vehicle traffic in and around beach and park areas; and
WHEREAS, these regulations shall apply to all ocean beaches in the City, which are maintained for the use of the general public by the State of California or by any department thereof, or by any other public body.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Chapter 10-8 is added to Title 10 of the Avalon Municipal Code to read as follows:
Chapter 10-8 Public Use of Beaches and Parks
Section 10-8.01 Intent and purpose.
The police power to promote the public peace, morals, health, safety and general welfare authorizes the city of Avalon to regulate the use of public property consisting of the beach and parks and to impose reasonable restrictions on the time, place and manner of beach and park use. In accordance with this authority, the City intends to impose reasonable requirements on the use of the beach and parks to maintain and maximize: (1) the natural beauty and aesthetic attractiveness of beach and park areas; (2) the availability of limited beach and park areas for diverse uses; and (3) public safety, including, without limitation, the free flow of pedestrian and vehicle traffic in and around beach and park areas.
Section 10-8.02 Scope.
The provisions of this chapter shall apply to all ocean beaches in the City which are maintained for the use of the general public by the City of Avalon, State of California or by any department thereof, or by any other public body. This chapter does not apply to any parks except where a regulation is specified to apply in parks or playgrounds.
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Section 10-8.03 Compliance.
A person shall not enter, be or remain on any beach unless he complies with all of the regulations set forth in this chapter applicable to such beach and with all other applicable provisions of this Code.
Section 10-8.04 Disturbing the peace.
Any person who willfully delays or obstructs any City employee in the performance of his or her duties in any City parks and beaches, or who by his or her conduct, or by threatening language, unreasonably annoys or unreasonably interferes with the use of any City parks and beaches by any other person, shall leave the park or beach upon request made by any public officer authorized by the City, after a warning by the public officer that has not resulted in cessation of the conduct prohibited by this section.
Section 10-8.05 Fires.
No fire shall be built, lighted, or maintained on any public beach or park, or on any land owned, managed, or controlled by the City fronting upon or adjacent to any public beach or park, except in a barbeque provided, maintained, and designated by the City for such purpose.
Section 10-8.06 Overnight camping.
No person shall camp on, or use for overnight sleeping purposes, any beach or park, or on any land owned, managed, or controlled by the City.
Section 10-8.07 Prohibition of the use or possession of glass articles on city beaches.
No person shall have, possess, or use any article made of glass as a container upon any City beach.
Section 10-8.08 Littering public places.
It shall be unlawful for any person to throw, place, or deposit upon any public or private street, sidewalk, or alley or upon any park or other public place in the City any trash, glass, glassware, or crockery, or any bottle, cup, container, plate, or other vessel made of glass, glassware, or crockery, or any rubbish, garbage, cigar, cigarette, food paper, paper wrapping, cardboard, can, receptacle, or other similar material or litter.
Section 10-8.09 Littering ocean waters.
It shall be unlawful for any person to deposit, place, throw, or in any manner dispose of any can, receptacle, bottle, paper, water balloon, plastic, food, animal or vegetable matter, rubbish, trash, garbage, or decaying or putrid matter, material, or substance into the waters of the Pacific Ocean, or into Avalon Harbor, or upon the beaches of the City.
Section 10-8.10 Fishing.
Each person fishing from the public beach shall at all times have due regard for the safety of persons on the beach or in the water when bathers, swimmers or beach patrons are present, and are specifically prohibited against overhead casting or fishing line when swimmers bathers or beach patrons are present.. The supervising lifeguard on duty has the authority to prohibit, restrict or otherwise regulate fishing in the interest of public health, safety and welfare.
Section 10-8.11 Presence in beaches during non-designated hours of use. 65059.00000\43668597.1
It is unlawful for any person, or their personal property (including towels, beach furniture, shade structures, toys, etc), to remain in any beaches between the hours of 12:00 midnight and 6:00 a.m. unless that person is trying to access the ocean. Any items left beyond the permitted times may be removed at the owner's risk. Persons attending special events, programs or activities authorized by the City to be conducted within the beach or recreation facility beyond the hours of use are exempted solely for the duration of the special event, program, or activity authorized by the City or for the hours indicated in any applicable permit issued by the City.
Section 10-8.12 Smoking prohibited on beaches.
1. No person shall smoke on the beach as defined in this section.
2. No person shall dispose of any cigarette, cigar or other tobacco product or any part thereof on the beach except in a designated waste disposal container.
Section 10-8.13 Animals.
No person shall bring, maintain, ride or lead any dog, cat, or other animal of any kind - be it leashed or unleashed - onto, on, or upon any beach or into the waters of the Pacific Ocean adjacent to any beach.
Section 10-8.14 Alcoholic beverage consumption prohibited.
Consumption of alcohol is prohibited on any City beach. This prohibition includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing one-half of one percent (5%) or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
Section 10-8.15 Gatherings greater than 20 - permit required.
Any group of twenty (20) or more using a beach must obtain a permit from the City and must reserve an area for such use. The City shall have the authority to require a cleaning deposit appropriate to the size of the group and the proposed use, and appropriate insurance covering the activity. In addition, the City shall have the right to require appropriate security at the group's expense and to require reimbursement for the services of any City employees required by the group's activities. Failure to obtain this permit shall be a violation of this chapter. The City Council may, by resolution, set a fee for this permit.
For purposes of this section, the term "group" shall mean individuals affiliated with each other either formally or informally using the park for a common purpose including but not limited to families, teams, associations, clubs, classes or instructional groups or other similarly affiliated collections of individuals.
Section 10-8.16 Display or sale of merchandise prohibited.
Except as expressly provided by this code, no person shall sell, offer to sell, or display for sale, or rent, offer to rent, or display for rent, goods, wares, merchandise, foodstuffs, refreshments or other kinds of property or services in any beach.
Section 10-8.17 Obstructions on beaches prohibited.
No person shall install, erect, or place any sign, recreational equipment (such as volleyball or badminton pole/net, portable play apparatus, and trampoline), fence, fire pit or barbecue, or similar encroachment on any public bay beach, ocean beach, tideland or park unless authorized or permitted to do so by formal action of the City Council, or the written consent of the City Manager. 65059.00000143668597.1
Section 10-8.18 Canopies, awnings, umbrellas, tents and other covers.
1. No person shall install, erect or maintain any canopy, awning, umbrella, tent or cover (a "shade covering") larger than six feet in height or wider than six feet square on or in any public beach.
Any canopy, awning, umbrella, tent or cover installed, erected or maintained on or in any public beach shall have no side closed to public view.
2. No guy wire, guy rope, or exterior brace, stake, or support shall be connected, fastened, or maintained by any person to any structure, stake, rock, or thing on a City beach without City approval.
3. A shade covering or group of shade coverings shall not interfere with a lifeguard's ability to see the water or adjacent lifeguard towers and any shade covering or group of shade coverings shall be immediately relocated at the request of a lifeguard, law enforcement officer, or other authorized personnel. If the shade covering is not removed immediately, or the person owning the shade covering refuses to immediately removed the shade covering, the City shall have the ability to cause the removal of such shade covering as necessary to prevent interference with the lifeguard's view of the water and adjacent lifeguard towers.
Section 10-8.19 Tables
No person shall erect, maintain, use or occupy a table larger than 20 inches tall by 20 inches wide on any City beach, unless authorized by special use permit.
SECTION 3. Chapter 10-9 is added to Title 10 of the Avalon Municipal Code to read as follows:
Chapter 10-9 Park Rules.
Section 10-9.01 Scope.
The rules set forth in this chapter shall apply to every City operated park.
Section 10-9.02 Hours of operation.
City parks shall be open from dawn until 10:00 p.m. It shall be unlawful for any member of the public to use a City park at any other time without the express written permission of the City.
Section 10-9.03 Reserving park space.
Park areas may be reserved for daylight use only, but in any case no earlier than 8:00 a.m. All park areas may be reserved in two (2) hour blocks up to a maximum of six (6) hours per day, per group. The City Council may, by resolution, set a fee for this reservation service.
Section 10-9.04 Group use.
Any group of twenty (20) or more using a City park must obtain a permit from the City and must reserve an area for such use. The City shall have the authority to require a cleaning deposit appropriate to the size of the group and the proposed use, and appropriate insurance covering the activity. In addition, the City shall have the right to require appropriate security at the group's expense and to require reimbursement for the services of any City employees required by the group's activities. Failure to obtain this permit shall be a violation of this chapter. The City Council may, by resolution, set a fee for this permit.
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For purposes of this section the term "group" shall mean individuals affiliated with each other either formally or informally using the park for a common purpose including but not limited to families, teams, associations, clubs, classes or instructional groups or other similarly affiliated collections of individuals.
Section 10-9.05 Conduct in parks.
The following conduct shall be prohibited in all City parks:
1. Consumption of alcoholic beverages;
2. Driving or parking of vehicles except in clearly designated parking areas;
3. Golfing, chipping or putting;
4. Use of any unusual equipment such as dunk tanks, carnival rides, or moon bounces;
5. Riding or parking of bicycles, tricycles, unicycles, electric bicycles, motorized bicycles, or similar apparatus outside of clearly designated areas;
6. Roping off areas, bringing additional tables and/or rented chairs into any park without an appropriate permit issued by the City;
7. Bringing dogs, ponies or any other animals into any park, with the exception of leashed dogs which are permitted on paved walkways or otherwise designated areas
8. Generating any amplified sound;
9. Hanging any items from or posting any item on trees, structures or other surfaces;
10. Flying radio-controlled or other powered model airplanes, cars, boats or like equipment;
11. Use of any barbecue other than those provided by the City;
12. Deposit of ash or charcoal in any place in a park or adjacent public property other than those places designated by signs shall be prohibited;
13. Causing damage to or placing graffiti on any building, fixture, landscaping, paving or other park property;
14. Depositing trash in any place other than a designated park trash container; Section 10-9.06 Commercial activities.
Other than sidewalk vending activities conducted in compliance with Chapter 5-21, commercial activities, including, but not limited to, vendors, caterers, and peddlers, including vendors, caterers and commercial enterprises associated with permitted, organized groups, shall be prohibited in all City parks unless a permit is obtained from the City.
Section 10-9.07 City Manager Waiver.
The City Manager may, for special events or circumstances, grant a temporary waiver from the rules and regulations of this chapter for an individual or group.
Section 10-9.08 Damage to park premises.
It shall be a violation of this chapter for any person to cause damage to or place graffiti on any building, fixture, landscaping, paving or other element of park property.
Section 10-9.09 Violation.
Violation of any provision of this chapter shall be punishable as an Administrative Citation or misdemeanor where applicable.
SECTION 4. CEQA. This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines, because it has no potential for 65059 00000\43668597.1
resulting in physical change in the environment, directly or indirectly. The Ordinance does not authorize any specific development within the City's boundaries, and only regulates permissible activities in City beaches and parks. The Ordinance is therefore exempt from CEQA because the City Council's adoption of the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)).
SECTION 5. SEVERABILITY. If any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining section, subsection, provision, sentence, clause, phrase or word included within this Ordinance, it being the intent of the City that the remainder of the Ordinance shall be and shall remain in full force and effect, valid, and enforceable.
SECTION 6. The City Manager, or his or her delegate, is directed to perform all necessary City acts to implement this Ordinance.
SECTION 7. This ordinance shall become effective on the 31st day following its passage and adoption.
INTRODUCED at a special meeting of the City Council of the City of Avalon on the 12'h day of December, 2023, 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 16th day of January, 2024, by the following vote:
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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