AVALON CITY COUNCIL MEETING
TUESDAY, JULY 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 YouTube: https://www.youtube.com/CityofAvalonCA
CALL TO ORDER / PLEDGE OF ALLEGIANCE / INVOCATION / ROLL CALL
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
1. City Council Minutes
Although the live recording is the official record of public meetings, minutes are prepared for the City Council's approval.
Recommended Action
Approve minutes from July 1, 2025 regular City Council Meeting.
2. Warrants
Expenditures Submitted for Approval:
• US Bank General Account Warrants totaling $ 431,797.96. • US Bank Successor Agency Account totaling $ 3,850.00. • One payroll totaling $ 285,848.26.
• One transfer to Northern Trust Landfill Trust Account for $ 316,000.00. • Two electronic fund transfers totaling $ 6,523.36.
Recommended Action
Approve total expenditures for June 23, 2025 through July 4, 2025 totaling $1,044,019.58.
CITY COUNCIL AGENDA
JULY 15, 2025
PAGE 2
3. Adopt a Resolution Accepting the Grant from the State of California Department of Parks and Recreation Division of Boating Waterways Boating Infrastructure Grant Program City submitted a grant application to the Division of Boating and Waterways Boating Infrastructure Grant (BIG) Program for a grant for a construction project to replace the Club Dinghy Dock pier, pilings, ramp, and dock complex. The grant request of $300,000 was recommended for funding.
Recommended Action
Adopt a resolution accepting a grant from the State of California Department of Parks and Recreation, Division of Boating and Waterways Boating Infrastructure Grant Program and authorize the City Manager or designee to execute the grant agreement.
PUBLIC HEARING
4. Public Hearing to Receive Comment on the City's FY 25-26 Permanent Local Housing Allocation Program
This is the first time that the City has participated in the Los Angeles County Community Development's Permanent Local Housing Allocation Program. Per the terms of the PLHA Program, the City provided a 30-day public notice for members of the public to submit public comment in advance of a public hearing to review the City's intended use of the funds. No comments were received.
Recommended Action
1. Open the duly noticed Public Hearing and receive comment. 2. Close the Public Hearing. 3. Approve the City's estimated FY 25-26 Permanent Local Housing Allocation Program award of $13,969. 4. Adopt a resolution authorizing the allocation of Permanent Local Housing Allocation (PLHA) Funds for Fiscal Year 25-26.
GENERAL BUSINESS
5. Repeal and Replace Article 3 of Chapter 1 of Title 3 of the Avalon Municipal Code Modifying the Transient Rental Licensing System
The revision to the Transient Rental License System are based on feedback gathered from two community meetings, an analysis of other municipal ordinances, a community sentiment survey, and concurrence with the Planning Commission. Specifically, the City worked to address quality of life issues for residents, financial benefits and impacts to the local economy, and other sustainability and affordable housing impacts associated with transient rentals.
Recommended Action
Introduce and waive all further readings of an ordinance repealing and replacing Article 3 of Chapter 1 of Title 3 of the Avalon Municipal Code, updating regulations to the Transient Rental Licensing System.
CITY COUNCIL AGENDA
JULY 15, 2025
PAGE 3
6. Short-Term Rental Legislative Measures
On July 30, 2025, the approximate 24-month moratorium on the issuance of transient rental licenses will end. City Staff have proposed an amendment to the Transient Rental Licensing System Ordinance. If adopted at the August 5, 2025 regular City Council meeting, regulations will go into effect 30 days later. This item is a study session to discuss further regulations
Recommended Action
Discuss potential fees, taxes and other legislative measures to regulate short-term rentals. Provide direction to Staff.
7. Cruise Ship Port Agreements
Currently there is no written policy regarding the scheduling of cruise ship anchorage requests. However, the City Council reviews and adopts a resolution semi-annually confirming guidelines that establish a framework by which cruise ships are approved to visit Avalon as a port of call. Magical Cruise Company Ltd, dba Disney Cruise Lines, have expressed interest in entering into a Port Agreement with the City.
Recommended Action
1. Discuss the potential terms set forth by Magical Cruise Company Ltd, dba Disney Cruise Lines, Carnival Cruise Lines, and Royal Caribbean Cruises Ltd., dba Royal Caribbean Group and provide direction. 2. Authorize the City Manager to negotiate and execute Port Agreements incorporating the terms set forth.
Options for City Council in Considering Tenant Protection and Rent Control Measures The purpose of this report is to provide the City Council with information on State law as it relates to tenant protections and rent control, and provide examples of what other cities have codified locally. The Tenant Protection Act of 2019 provides the statewide baseline for tenant protections. That baseline can be raised by the City, as long as it is done in compliance with Costa-Hawkins, which places limits on the kinds of tenant protections a locality may adopt.
Recommended Action
Consider and discuss tenant protections and rent control options available under State law, and provide direction to City of Avalon ("City") staff to evaluate and report back on any desired local options available to the City.
ADJOURN
NOTICE OF POSTING
1, Devin Elise Hart, declare that the City Council Agenda for Tuesday, July 15, 2025 was posted on Friday, July 11, 2025 on the City's website, www.cityofavalon.gov/agendacenter, and at City Hall, 410 Avalon Canyon Road.
Allisittat
Devin Elise Hart, Senior Management Analyst
CITY OF AVALON CITY COUNCIL
MEETING DATE: July 15, 2025 AGENDA ITEM: 1
ORIGINATING DEP: City Clerk CITY MANAGER: DMU
PREPARED BY: Gabrielle Morones, City Clerk
SUBJECT: City Council Minutes
CoLOMEingD ACTIONS): Approve minutes from the July 1, 2025 regular City 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:
• July 1, 2025 regular City Council Meeting Minutes
AVALON CITY COUNCIL MEETING
TUESDAY, JULY 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 Morones.
WRITTEN COMMUNICATIONS-None.
CONSENT CALENDAR-There were 5 Items on the Consent Calendar. Motion to approve Items #1-#5 made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes) City Council Minutes
Approved minutes from June 17, 2025 regular City Council Meeting.
Warrants
Approved a US Bank General Account Warrants totaling $ 1,337,145.43, one payroll totaling $ 278,633.07, three electronic fund transfers totaling $ 150,862.73 totaling $1,766,641.23 for June 9, 2025 through June 20, 2025.
3. Request for Proposal - Cost of Service Study for Sewer, Saltwater, and Solid Waste Enterprise Funds
Authorized staff to issue a Request for Proposal (RFP) to conduct Sewer, Saltwater, and Solid Waste rate studies to establish cost-based and proportional utility rates, for a five year period, to provide adequate and sustainable funding for each utility's operational and capital needs.
4. Law Enforcement Services Agreement with Los Angeles County Adopted Resolution No. 25-23 of the City of Avalon Notifying the Los Angeles County Board of Supervisors of its Desire to Receive Specified Law Enforcement Services from the Los Angeles County Sheriff's Office, Authorizing the Expenditure of Cops Grant Funds and Authorizing the City Manager to Execute the City-County Municipal Service Level Authorization Form (SH-AD 575) for Fiscal Year 2025-2026.
Wrigley Road Traffic Safety Improvements
Approved the revised plan as presented for modifications and striping along Wrigley Road including four curves between the Pet Cemetery and Buena Vista Point.
CITY COUNCIL MINUTES
JULY 1, 2025
PAGE 2
GENERAL BUSINESS
Contract Assignment for Semi-Exclusive Shore Boat Franchise, Shore Boat Services Provider Agreement and End Float Lease Agreement Amendment
1. Approved the request to assign the remaining term of the Semi-Exclusive Shore Boat Franchise and Shore Boat Services Provider Agreement with Avalon Shoreboat Service Corporation to Eric Mahan. 2. Authorized Catalina Jet Ski Corporation to sublease the End Float to Avalon Shoreboat Service Corporation. 3. Authorized the City Manager to execute an amendment to the End Float Lease agreement with Catalina Jet Ski Corporation modifying the intended use as well as mandating space be provided to the holder of the City of Avalon Semi-Exclusive Shore Boat Franchise and Shore Boat Services Provider Agreement.
Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes) Mayor Marshall adjourned the meeting at 5:59 p.m.
1, Gabrielle Morones, City Clerk, do hereby certify that the DVD videotape of the regular City Council Meeting on July 1, 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: July 15, 2025 AGENDA ITEM: 2
ORIGINATING DEP: Finance CITY MANAGER: DMM
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve total expenditures for June 23, 2025 through July 4, 2025 totaling $1,044,019.58.
REPORT SUMMARY: These disbursements through July 4'h are comprised of warrants from the US Bank General Account totaling $431,797.96, warrant from the US Bank Successor Agency Account totaling $3,850.00, one payroll totaling $285,848.26, one wire transfer to the Northern Trust Landfill Trust Account for $316,000.00 and other electronic fund transfers totaling $6,523.36.
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 40280-40281 2,308.36 06/23/25
SA US BANK WARRANTS CK# 350 3,850.00 06/26/25
GF US BANK WARRANTS CK# 40282-40343 429,489.60 07/03/25 PAYROLL 285,848.26 06/27/25
EFT - LANDFILL TRUST CONTRIBUTION 316,000.00 06/26/25
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 6,523.36 07/03/25 TOTAL DISBURSEMENTS $1,044,019.58
GOAL ALIGNMENT: Ongoing meeting of City obligations.
FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in the FY24-25 Budget and FY25-26 Budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: Audit Certificate, Warrant Lists, US Bank Credit Card Detail
CITY OF AVALON
JUNE 23, 2025 - JULY 3, 2025 DISBURSEMENTS
July 15, 2025
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 40280-40281 2,308.36 06/23/25
SA US BANK WARRANTS CK# 350 3,850.00 06/26/25
GF US BANK WARRANTS CK# 40282-40343 429,489.60 07/03/25 PAYROLL 285,848.26 06/27/25
LEFT - LANDFILL TRUST CONTRIBUTION 316,000.00 06/26/25
LEFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 6,523.36 07/03/25 TOTAL DISBURSEMENTS S 1,044,019.58
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 JULY 2025 I CERTIFY UNDER PENALTY OF PERJURY
THAT THE FOREGOING IS TRUE AND
CORRECT.
AUDIT COMMITTEE -MICHAEL PONCE EXECUTED THIS 15TH DAY OF JULY 2025
AUDIT COMMITTEE - MARY SCHICKLING FINANCE DIRECTOR - MATTHEW BAKER
CITY OF AVALON
WARRANT DISBURSEMENTS
July 15, 2025
CHECK DATE
NUMBER ISSUED AMOUNT DESCRIPTION
40280 6/23/2025 1,833.85 AVALON MOORING & DIVING SERVCE: HARBOR 40281 6/23/2025 474.51 DION & SONS MARINE FUELS INC FUEL: HARBOR $ 2,308.36
CITY OF AVALON
WARRANT DISBURSEMENTS
July 15, 2025
CHECK DATE
NUMBER ISSUED AMOUNT NAME SERVICE: PLANVNSCRIPTION
40190 6/20/2025 $ 17,572.50 4LEAF, INC.
40191 6/20/2025 $ 2,084.01 AAA OIL, INC FUĘL: ALL DEPTS 40192 6/20/2025 $ 2,106.10 ACTION SALES & METAL CO. SUPPLIES:HARBOR MAINTENANCE 40193 6/20/2025 271.70 AIR SOURCE INDUSTRIES
40194 6/20/2025 $ 6.05 ALBERTSON COMPANIES SUPPLIES:RECREATION 40195 6/20/2025 $ 1,399.38 ALEGRIA, VALENTE RETIREE INS: 01-06/2025 40196 6/20/2025 $ AMAZON CAPITAL SERVICES, INC VOID: MULTI STUB CHECK 40197 6/20/2025 8,256.32 AMAZON CAPITAL SERVICES, INC SUPPLIES: ALL DEPTS 40198 6/20/2025 200.00 ) AMERGENT TECHS, INC SERVICE: HARBOR 40199 6/20/2025 200.00 ARELLANO, MARTHA REFUND: TREMONT 40200 6/20/2025 1,230.09 AT & T COMMUNICATIONS: ALL
40201 6/20/2025 181,499.86 CR&R INCORPORATED CONTRACT SVCS:05/25 40201 6/20/2025 5,934.46 CR&R INCORPORATED SWEEPER: 05/25 40202 6/20/2025 4,041.41 AVALON FREIGHT SERVICES, LLC FREIGHT: ALL DEPTS 40203 6/20/2025 2,576.89 AVALON MOORING & DIVING SERVICE: HARBOR 40204 6/20/2025 24,083.33 AVALON SHOREBOAT SERVICE CORP. CONTRACT SVCS:07/20 40205 6/20/2025 12,408.92 BEST, BEST & KRIEGER, LLP LEGAL FEES: 02/2025 40205 6/20/2025 26,586.99 BEST, BEST & KRIEGER, LLP LEGAL FEES: 04/2025 40206 6/20/2025 157,39 BOUND TREE MEDICAL SUPPLIES: FIRE 40207 6/20/2025 500.00 BRAVO, TANIA REFUND: JMF DEPOSIT 40208 6/20/2025 $ 4,428.30 BRAY, BRIAN RETIREE INS:01-06/2025 40209 6/20/2025 613.15 CARSTARPHEN, ORNE RETIREE INS: 06/2025 40210 6/20/2025 1,341.51 CART MART, INC. SUPPLIES: VEHICLE MAINTENANCI 40211 6/20/2025 6,712.08 CATALINA BEVERAGE CO SUPPLIES: ALL DEPTS 40212 6/20/2025 49.95 CATALINA BROADBAND SOLUTIONS SERVICE: PUBLIC WORKS 40213 6/20/2025 137,500.00 CATALINA CHAMBER OF COMMERCE TOT: 07/2025 40214 6/20/2025 368.00 CATALINA EXPRESS TRAVEL:PUBLIC WORK 40215 6/20/2025 1,218.00 CATALINA ISLANDER ADVERTISING: ALL DEPT 40216 6/20/2025 8,168.69 CIRA WORKERS COMP 01-03/2025
40216 6/20/2025 764.50 CIRA WORKERS COMP 07-09/2025
40217 6/20/2025 5.188.92 CLINE, KEN RETIREE INS: 01-06/2025 40218 6/20/2025 99.46 COLONIAL LIFE EE DED: PPE 06/10/2025 40219 6/20/2025 400.00 COUNTY OF LOS ANGELES C/O LA RICS SERVICE: FIRE 05/2025 40220 6/20/2025 838.50 DAPEER, ROSENBLIT & LITVAK, LLP SERVICE: VEHICLES 40221 6/20/2025 2,094.00 DAWES, BRIAN RETIREE INS: 01-06/2025 40222 6/20/2025 7,106.11 DELTA DENTAL DENTAL: 06/2025
40223 6/20/2025 32.00 DEPARTMENT OF JUSTICE SERVICE: ADMIN 40224 6/20/2025 1,126.00 DEWEY PEST CONTROL SERVICE: ALL DEPTS 40225 6/20/2025 1,524.01 DION & SONS MARINE FUELS INC FUEL: HARBOR 40226 6/20/2025 17.00 EDISON UTILITIES: ALL DEPT
40227 6/20/2025 FIDELITY SECURITY LIFE INSURANCE VOID: MULTI STUB CHECK 40228 6/20/2025 1,123.30 FIDELITY SECURITY LIFE INSURANCE VISION 04/2025 40228 6/20/2025 1,123.30 FIDELITY SECURITY LIFE INSURANCE VISION: 06/2025 40229 6/20/2025 4,872.00 FLICKINGER, WILLIAM RETIREE INS: 01-06/2025 40230 6/20/2025 828.00 GEO-LOGIC ASSOCIATES, LLC. PBL EXPANSION CIP 40231 6/20/2025 $ 384.36 GONZALES, ALIANA REIMB O/P COSTS 40232 6/20/2025 979.36 GRAINGER SUPPLIES:PUBLIC WORKS
40233 6/20/2025 567.18 HAYNOSCH, DEMPSEY REIMB O/P COSTS 40234 6/20/2025 2,560.20 HERNANDEZ, OLGA RETIREE INS: 01-06/2023 40235 6/20/2025 2,088.18 HERNANDEZ, RICHARD ETIREE INS: 01-06/202 40236 6/20/2025 4,626.30 HOEFS, STEVEN RETIREE INS:01-06/2025 40237 6/20/2025 2,560.20 HOHOWSKI, JANET MAY RETIREE INS:01-06/2025 40238 6/20/2025 $ 32,998.88 HUNTINGTON BEACH MOTOR SPORTS, INC VEHICLE:FIRECIP2345 40239 6/20/2025 640.00 LUPO, KARLA SERVICE: RECREATION
40240 6/20/2025 746.87 JORDAHL CONSTRUCTION SERVICE:PUBLIC WORK 40241 6/20/2025 2,759.64 KRUG, MICHAEL RETIREE INS:01-06/2025 40242 6/20/2025 325.52 LAVELLE, LISA REIMB O/P COSTS
40243 6/20/2025 192.95 LAWSON PRODUCTS SUPPLIES: HARBOR 40244 6/20/2025 892.50 LEAGUE OF CALIFORNIA CITIES DUES FY26 40245 6/20/2025 344.69 LOCAL 2295 AVALON FIREFIGHTERS UNIO UNION DUES:PPE12102 40246 6/20/2025 4,260.90 LOPEZ, LEONARD RETIREE INS:01-06/2025 40247 6/20/2025 $ 2,560.20 LOPEZ, PASTOR RETIREE INS:01-06/2025 40248 6/20/2025 524.00 LOS ANGELES COUNTY FIRE DEPARTMENT PERMIT FEE:AR001012 40249 6/20/2025 2,759.64 MCBRIDE, MATTHEW RETIREE INS:01-06/2025 40250 6/20/2025 710.15 MCDONALD, AUDRA RETIREE INS: 07/2025 40251 6/20/2025 102.29 MCMASTER-CARR SUPPLIES:PUBLIC WORKS 40252 6/20/2025 5,023.00 MONTROSE ENVIRONMENTAL SOLUTIONS SERVICE: CIP 180003
CITY OF AVALON
WARRANT DISBURSEMENTS
July 15, 2025
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
40253 6/20/2025 $ 103.24 NAPA AUTO PARTS SUPPLIES: GARAGE 40254 6/20/2025 $ 595.00 OLYNS INC. SERVICE: ADMIN
40255 6/20/2025 $ 200.00 PEDROZA, VERONICA REFUND:TREMONT DEPOSIT 40256 6/20/2025 126,484.13 PERC WATER CONTRACT SVCS:05/2025 40256 6/20/2025 $ 66,236.50 PERC WATER MONTHLY MAINT: 05/2025 40257 6/20/2025 110.00 SANCHEZ, TIMOTHY
40258 6/20/2025 766.56 POINDEXTER, JAMES
40259 6/20/2025 3,550.05 POLYDYNE, INC. UPPLIES: WWT
40260 6/20/2025 433.91 QUILL CORP UPPLIES: ALL DEPT
40261 6/20/2025 2,299.68 RADDE, DENISE
40262 6/20/2025 1,767.56 RICOH USA, INC.
40263 6/20/2025 $ 1,399.38 ROMO, JOHN
40264 6/20/2025 381.25 RSG, INC
40265 6/20/2025 9,357.91 SIRIA'S CLEANING SERVICE
40266 6/20/2025 $ 3.188.82
40267 6/20/2025 $ 1,205.89 LIFE INS: 06/2025
40268 6/20/2025 $ 12,950.00 STAY GREEN, INC. SERVICE:PUBLIC WORK 40269 6/20/2025 $ 776.00 VERONICA BRAVO MOW: 02-04/25 BALANCE 40270 6/20/2025 $ 5,826.34 THE HILLER COMPANIES, LLC SERVICE: ALL DEPTS 40271 6/20/2025 $ 28.50 UNDERGROUND SERVICE ALERT/SC SERVICE:PUBLIC WORK 40272 6/20/2025 $ 18,440.21 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL 40273 6/20/2025 $ 18,750.00 VEGA, EDMUNDO CONTRACT SVCS: 06/2025 40274 6/20/2025 $ 1,618.29 VERIZON WIRELESS COMMUNICATIONS: ALL 350 6/26/2025 3,850.00 HARRELL & COMPANY ROPS 24-25B ITEM 16 3,850.00
CITY OF AVALON
WARRANT DISBURSEMENTS
July 15, 2025
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
40282 07/03/2025 2,345.50 VERONICA BRAVO SERVICE: MEAL -JULY 4TH 40283 07/03/2025 AMAZON CAPITAL SERVICES, INC. VOID: MULTI STUB CHECI 40284 07/03/2025 AMAZON CAPITAL SERVICES, INC. VOID: MULTI STUB CHECI 40285 07/03/2025 19,348.33 AMAZON CAPITAL SERVICES, INC. SUPPLIES: ALL DEPTS 40286 07/03/2025 674.27 AVALON FREIGHT SERVICES, LLC SUPPLIES: ALL DEPTS 40287 07/03/2025 2,625.00 AVALON MOORING & DIVING SERVICE: HARBOR 40288 07/03/2025 4,595.00 E&M ELECTRIC AND MACHINERY INC. SERVICE: PUBLIC WORKS 40289 07/03/2025 118.73 BARRAGAN, JOSE REIMB O/P COSTS
40290 07/03/2025 312.00 CAFE METROPOLE SENIOR MEALS:06/2025 40291 07/03/2025 3,566.32 CATALINA BROADBAND SOLUTIONS INTERNET: ALL DEPTS 40292 07/03/2025 1,403.55 CATALINA CANYON INN LODGING: ADMIN & PUBLIC WORKS 40293 07/03/2025 10,000.00 CATALINA ISLAND HUMANE SOCIETY FY25 ANNUAL DONATION 40294 07/03/2025 300.00 CATALINA ISLAND JANITORIAL SERVICE: ALL DEPTS 40295 07/03/2025 921.00 CATALINA ISLANDER ADVERTISING: ALL DEPARTMENTS 40296 07/03/2025 180.00 CHARLIES CATALINA CANTINA PRIME TIMERS LUNCH 40297 07/03/2025 171,462.87 CO. OF LOS ANGELES SHERIFF'S DEPT. RESIDENT DPTY: 05/2025 40298 07/03/2025 99.46 COLONIAL LIFE PPE 06/24/2025
40299 07/03/2025 2,576.22 CORE & MAIN SUPPLIES:PUBLIC WORKS 40300 07/03/2025 10,000.00 DAVIS FARR LLP SERVICE: FINANCE 40301 07/03/2025 DION & SONS MARINE FUELS INC VOID: MULTI STUB CHECK 40302 07/03/2025 1,191.04 DION & SONS MARINE FUELS INC FUEL: HARBOR 40303 07/03/2025 539.86 EMPLOYMENT DEVELOPMENT DEPARTMENT UNEMPLOYMENT INSURANCE 40304 07/03/2025 750.00 ESPRY, INC. SERVICE: IT
40305 07/03/2025 1,353.38 FINELINE CONSTRUCTION SERVICE: PUBLIC WORKS 40306 07/03/2025 80.00 ANGELA TORRES PHILIPS SERVICE: RECREATION 40307 07/03/2025 3,272.37 GRAINGER SUPPLIES:PUBLIC WORKS 40308 07/03/2025 13,718.15 HARRY'S MARINE SERVICE, LLC SUPPLIES: HARBOR 40309 07/03/2025 1,320.01 HOME DEPOT CREDIT SERVICES SUPPLIES:PUBLIC WORKS 40310 07/03/2025 1,225.00 ICC GENERAL CODE, INC. SERVICE: ADMIN 40311 07/03/2025 64.75 JORDAHL CONSTRUCTION TIRE DISPOSAL 40312 07/03/2025 493.72 LINDE GAS & EQUIPMENT INC SUPPLIES: WELDING 40313 07/03/2025 1,783.24 MATTHEWS INTERNATIONAL CORPORATION SUPPLIES:CEMETERY 40314 07/03/2025 104.14 ISLAND EXPRESS HELICOPTERS INC. FREIGHT: GARAGE 40315 07/03/2025 408.97 MCMASTER-CARR SUPPLIES:PUBLIC WORKS 40316 07/03/2025 111.49 MED-TECH RESOURCE, INC. SUPPLIES: FIRE 40317 07/03/2025 2,660.39 NAPA AUTO PARTS SUPPLIES: GARAGE 40318 07/03/2025 500.00 PARTNER ASSESSMENT CORPORATION SERVICE: ADMIN 40319 07/03/2025 7,276.50 POLYDYNE, INC. SUPPLIES: WWTP 40320 07/03/2025 635.88 QUILL CORP SUPPLIES: ALL DEPTS
40321 07/03/2025 298.24 RICOH USA, INC. COPIER LEASE:PLANNING 40322 07/03/2025 1.031.25 RSG, INC SERVICE: S/A
40323 07/03/2025 322.41 SFC HOLDINGS, LLC UNIFORMS: HARBOR 40324 07/03/2025 288.00 VERONICA BRAVO MOW: 06/2025
40325 07/03/2025 958.33 ULINE, INC. SUPPLIES:PUBLIC WORKS 40326 07/03/2025 CORPORATE PAYMENT SYSTEMS VOID: MULTI STUB CHECK 40327 07/03/2025 10,962.56 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL 40328 07/03/2025 962.68 WEST MARINE PRO SUPPLIES: HARBOR 40329 07/03/2025 6,853.63 WESTRIDGE ENVIRONMENTAL GROUP SUPPLIES: WWTP 40330 07/03/2025 3,810.00 WITTMAN ENTERPRISES, ULC SERVICE: FINANCE 40331 07/03/2025 175.68 XEROX CORPORATION COPIER LEASE: ADMIN 40332 07/03/2025 2,197.40 CAFE METROPOLE MEAL: 7/3 USC BAND 40333 07/03/2025 40,806.00 CAL TIP INSURANCE POLICY FY
40334 07/03/2025 33,043.01 MONZON, MIGUEL A. SUPPLIES:PUBLIC WORKS 40335 07/03/2025 1,008.96 DEPARTMENT OF AUDITOR CONTROLLER LAFCO DUES FY26 40336 07/03/2025 22,650.00 GARDEN STATE FIREWORKS, INC. SERVICE: FIRE WORKS 40337 07/03/2025 15,015.00 GATEWAY CITIES COUNCIL OF GOVTS ANNUAL DUES: ADMIN 40338 07/03/2025 1,203.00 MCMASTER-CARR SUPPLIES: PUBLIC WOR 40339 07/03/2025 9,357.91 SIRIA'S CLEANING SERVICE 1ST HALF 07/2025 40340 07/03/2025 4,277.70 ELIE AARON LIPSOH SERVICE: ADMIN 40341 07/03/2025 5,000.00 TOWNSEND PUBLIC AFFAIRS, INC CONTRACT SVCS:ADMIN 40342 07/03/2025 50.70 UNDERGROUND SERVICE ALERT/SC SERVICE:PUBLIC WORK 40343 07/03/2025 1,200.00 VICKERS, JOHN SERVICE: 4TH OF JULY $ 429,489.60
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID JULY 3, 2025
July 15, 2025
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT CORDERO 5/16/2025 S 1,277.17 PEBBLEY BEACH BUILDING SUPPLY PUBLIC WORKS GILBERT 5/19/2025 $ 18.06 CHET'S HARDWARE PUBLIC WORKS
GILBERT 5/29/2025 56.21 CHET'S HARDWARE BLIC WOR
GILBERT 5/29/2025 38.58 CHET'S HARDWARE BLIC WOR
GILBERT 6/13/2025 31.39 CHET'S HARDWARE PUBLIC WORKS
GILBERT 6/16/2025 37.46 CHET'S HARDWARE PUBLIC WORK
GREENLAW 6/16/2025 21.49 CHET'S HARDWARE PUBLIC WORK
D. W. HART 5/16/2025 153.12 DRI*ESIGNS ADVERTISING : RECREATION RECREATION D. W. HART 5/19/2025 243.21 VONS SUPPLIES: 4TH OF JULY RECREATION D. W. HART 5/21/2025 288.44 THE HOME DEPOT SUPPLIES: RECREATION RECREATION D. W. HART 5/22/2025 105.12 VONS SUPPLIES:SENIOR PROGRAMS RECREATION D. W. HART 5/22/2025 8.82 CATALINA ISLAND COMPANY SUPPLIES: RECREATION D. W. HART 5/23/2025 32.78 VONS SUPPLIES: RECREATION
D. W. HART 5/23/2025 3hx.4 DRI*ESIGNS ADVERTISING : RECREATION D. W. HART 5/26/2025 (19.82) CHET'S HARDWARE SUPPLIES: RECREATION D. W. HART 5/26/2025 19.82 CHET'S HARDWARE SUPPLIES: RECREATION D. W. HART 5/26/2025 19.82 CHET'S HARDWARE SUPPLIES: RECREATION D. W. HART 6/2/2025 347.50 CATALINA EXPRESS TRAVEL: CONTRACT SERVICES RECREATION D. W. HART 6/2/2025 363.83 CUSTOM INK LLC JNIFORMS: 4TH OF JUL D. W. HART 6/3/2025 683.00 CUSTOM INK LLC JNIFORMS: RECREATION D. W. HART 6/3/2025 249.31 DRI*ESIGNS SUPPLIES: FISHING DERBY D. W. HART 6/4/2025 36.51 CHETS HARDWARE SUPPLIES: RECREATION D. W. HART 6/6/2025 S 16.43 CHET'S HARDWARE SUPPLIES: RECREATION D. W. HART 6/6/2025 $ 70.05 AVALON SEAFOOD MEALS : RECREATION D. W. HART 6/9/2025 $ 22.04 CHET'S HARDWARE SUPPLIES: RECREATION RECREATION D. W. HART 6/9/2025 S 10.44 CHET'S HARDWARE SUPPLIES: RECREATION RECREATION D. W. HART 6/9/2025 9.90 CHET'S HARDWARE SUPPLIES: RECREATION RECREATION D. W. HART 6/10/2025 92.00 CATALINA EXPRESS TRAINING & TRAVEL RECREATION D. W. HART 6/10/2025 182.04 HOLIDAY INN TRAINING & TRAVEL RECREATION D. W. HART 6/11/2025 42.23 LLOYDS OF AVALON SUPPLIES: RECREATION RECREATION D. W. HART 6/12/2025 $ 110.24 DRI*ESIGNS SUPPLIES: FISHING DERBY RECREATION D. W. HART 6/16/2025 30.26 CHET'S HARDWARE SUPPLIES: 4TH OF JULY RECREATION D. W. HART 6/16/2025 15.00 HOLIDAY INN TRAINING & TRAVEL RECREATION JEFF H. 5/28/2025 29.00 REMARKABLE OSLO OFFICE SUPPLIES: PUBLIC WORKS PUBLIC WORKS JEFF H. 5/29/2025 $ 672.29 GLOBAL INDUSTRIAL EQ SUPPLIES: PUBLIC WORKS PUBLIC WORKS JEFF H. 6/4/2025 100.80 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS JEFF H. 6/6/2025 341.57 DON MILLER & SONS PLUMBING SUPPLIES: PUBLIC WORKS PUBLIC WORKS JEFF H. 6/13/2025 | 33.05 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS JEFF H. 6/13/2025 77.10 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS PHIL H. 5/22/2025 105.82 CHET'S HARDWARE SUPPLIES: HARBOR MAINTENANCE GARAGE PHIL H. 6/2/2025 36.26 CHET'S HARDWARE SUPPLIES: HARBOR MAINTENANCE GARAGE PHIL H. 6/2/2025 S 35.27 CHET'S HARDWARE SUPPLIES: HARBOR MAINTENANCE GARAGE PHIL H. 6/6/2025 60.62 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS GARAGE PHIL H. 6/6/2025 295.97 PEBBLEY BEACH BUILDING SUPPLY SUPPLIES : HARBOR MAINTENANCE GARAGE PHIL H. 6/9/2025 32.15 CHET'S HARDWARE SUPPLIES: HARBOR MAINTENANCE GARAGE PHIL H. 6/9/2025 389.28 PEBBLEY BEACH BUILDING SUPPLY SUPPLIES: HARBOR CIP GARAGE PHIL H. 6/13/2025 11.33 CHET'S HARDWARE SUPPLIES : HARBOR MAINTENANCE GARAGE PHIL H. 6/16/2025 42.02 CHET'S HARDWARE SUPPLIES: HARBOR MAINTENANCE GARAGE PHIL H. 6/16/2025 86.91 PEBBLEY BEACH BUILDING SUPPLY SUPPLIES: HARBOR MAINTENANCE GARAGE ROJELIO H. 5/19/2025 29.70 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROJELIO H. 5/19/2025 54.85 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROJELIO H. 5/19/2025 19.83 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROJELIO H. 5/19/2025 11.01 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROJELIO H. 5/22/2025 81.61 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROJELIO H. 5/23/2025 59.50 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROJELIO H. 5/26/2025 110.21 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROJELIO H. 5/26/2025 6.93 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROJELIO H. 5/26/2025 373.91 PEBBLEY BEACH BUILDING SUPPLY SUPPLIES: PARK FACILITIES PUBLIC WORKS ROJELIO H. 5/29/2025 159.38 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROJELIO H. 5/30/2025 156.90 PEBBLEY BEACH BUILDING SUPPLY SALT WATER RESERVE CIP PUBLIC WORKS ROJELIO H. 6/2/2025 94.64 CHET'S HARDWARE TOOLS: PUBLIC WORKS PUBLIC WORKS ROJELIO H. 6/3/2025 9.91 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROJELIO H. 6/5/2025 57.29 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROJELIO H. 6/5/2025 104.72 PEBBLEY BEACH BUILDING SUPPLY SUPPLIES: TRAFFIC SAFETY PUBLIC WORKS ROJELIO H. 6/6/2025 239.40 CHET'S HARDWARE UPPLIES: PUBLIC WORK PUBLIC WORKS ROJELIO H. 6/9/2025 61.22 CHET'S HARDWARE IPPLIES: PUBLIC WORK PUBLIC WORKS ROJELIO H. 6/11/2025 117.89 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROJELIO H. 6/11/2025 13.19 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROJELIO H. 6/12/2025 34.16 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROJELIO H. 6/12/2025 44.09 CHET'S HARDWARE TOOLS: PUBLIC WORKS PUBLIC WORKS ROJELIO H. 6/16/2025 28.69 PEBBLEY BEACH BUILDING SUPPLY SUPPLIES: PUBLIC WORKS PUBLIC WORKS HMIELAK 5/21/2025 16.18 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS HMIELAK 5/28/2025 229.75 MAXIFORCE MD SUPPLIES: STREET MAINTENANCE PUBLIC WORKS HMIELAK 5/29/2025 21.91 AVALON PASS SUPPLIES: STREET MAINTENANCE PUBLIC WORKS HMIELAK 5/30/2025 169.75 MAXIFORCE MD SUPPLIES: STREET MAINTENANCE PUBLIC WORKS HMIELAK 6/2/2025 12.92 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS HMIELAK 6/2/2025 22.79 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS HMIELAK 6/6/2025 20.10 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS HMIELAK 6/10/2025 (77.15) WRANGLER UNIFORMS: PUBLIC WORKS PUBLIC WORKS HMIELAK 6/11/2025 89.20 CHET'S HARDWARE SUPPLIES: PARK FACILITIES PUBLIC WORKS HMIELAK 6/12/2025 306.25 WWW.APWA.NET TRAINING & TRAVEL PUBLIC WORKS
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID JULY 3, 2025
July 15, 2025
OST DATE AMT USI DESCRIPTION DEPARTMENT
SUPPLIES: FIRE FIRE
30.85 CHET'S HARDWARE GARAGE
35.26 CHET'S HARDWARE GARAGE
GARAGE
26.71 CHET'S HARDWARE SUPPLIES: VEHICLE MAINTENANCE GARAGE 619202 8, 54.32 CHET'S HARDWARE MALES VES CLE MANTENANC GARAG GARAG
130.06 CHET'S HAROWARE SUPPLIES: VEHICLE MAINTENANC GARAGE 582.26 HARBOR FREIGHT
48.01 CHET'S HARDWARE
> 10,962.56 CHECK NUMBER 40327
CITY OF AVALON CITY COUNCIL
3 MEETING DATE: July 15, 2025 AGENDA ITEM:
ORIGINATING DEP: Administration/Harbor CITY MANAGER:
PREPARED BY: Aliana Gonzales, Administrative Analyst
SUBJECT: Adopt a Resolution Accepting the Grant from the State of alifornia Department of Parks and Recreation Division o Boating Waterways Boating Infrastructure Grant Proarar
RECOMMENDED ACTION(S): Adopt a resolution accepting a grant from the State of California Department of Parks and Recreation, Division of Boating and Waterways Boating Infrastructure Grant Program and authorize the City Manager or designee to execute the grant agreement.
REPORT SUMMARY: The City submitted a grant application on August 1, 2023 to the Division of Boating and Waterways Boating Infrastructure Grant (BIG) Program for a Tier I grant for a construction project to replace the Club Dinghy Dock pier, pilings, ramp, and dock complex.
The City was notified in early June 2025 that the grant request of $300,000 for the construction project was recommended for funding. The total project cost is estimated at $500,000, which includes $200,000 in City share to complete the work and make the facility ADA compliant.
GOAL ALIGNMENT: N/A
FISCAL IMPACTS: $200,000 from Harbor Fund 10470-6547.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not receive the grant funds.
FOLLOW UP ACTION: Execute the contract and forward to the Department of Boating and Waterways with the required Resolution.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
1. Resolution
2. Grant Agreement
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON ACCEPTING A GRANT IN THE AMOUNT OF $300,000 FROM THE DIVISION OF BOATING AND
WATERWAYS FOR THE DEVELOPMENT OF A BOATING INFRASTRUCTURE
GRANT FACILITY AT AVALON HARBOR
WHEREAS, the City of Avalon is desirous of improving a boating infrastructure grant facility at Avalon Harbor to meet the needs of the boaters and to provide public access to these facilities; and
WHEREAS, The Division of Boating and Waterways is authorized to provide grants to cities, counties, districts, and other public agencies for the construction and development of such facilities; and
WHEREAS, the City of Avalon is willing to enter into an agreement to provide for the operation and maintenance of the proposed facility at no cost to the State; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Avalon by adoption of this resolution hereby requests that the Division of Boating and Waterways provide a grant for the purpose of improving a public use boating intrastructure facility at Avalon Harbor adjacent to the Fuel Pier; and BE IT FURHTER RESOLVED that the City of Avalon agrees to accept the grant and hereby authorizes the City of Avalon, City Manager, to the sign the grant agreement and accept the grant for the purpose stated above.
Passed, Approved and Adopted at a regular meeting of the City Council of the City of Avalon this 15" day of July, 2025, by the following vote:
Ayes:
Noes:
Absent:
Ann H. Marshall, Mayor
City of Avalon
ATTEST:
Gabrielle Morones, City Clerk
City of Avalon
State of California - Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
DIVISION OF BOATING AND WATERWAYS
GRANT AGREEMENT
GRANTEE: City of Avalon
GRANT AGREEMENT TERM now ram ram rough Frontary Frasntany 2047. through February 1, 2027.
GRANT AGREEMENT TERM is from: _
PROJECT TITLE: Avalon Dinghy Dock Renovation (#1227)
GRANT NUMBER: C8969491
he Grantee agrees to the terms and conditions of this grant, hereinafter referred to as Agreement, ar he State of California, acting through its Director of Parks and Recreation agrees to fund the total grai amount indicated below for the project identified in Exhibit B which is a part of the agreement consisting of: "Grant Conditions, Scope of Work, and Project Cost Estimate", pages 1-4. Exhibit A "Boating Infrastructure Grant (BIG) Construction and Operation Grant Agreement", pages 1-29. Exhibit B "Avalon Harbor Club Dinghy Dock and Pier Renovation BIG Tier I Application", pages 1-29 and "Application for Federal Assistance SF-424", pages 1-9. Exhibit C "General Terms and Conditions", pages 1-5. Exhibit D "Contractor Certification Clauses", pages 1-4.
Total Federal FY24 award, F24AP03177 Boating Infrastructure Grant Program-Tier I, to California is:
$300,000.00.
Grantee: City of Avalon Agency: Department of Parks and Recreation Division of Boating and Waterways
Address: PO Box 707 Address: P.Q. Box 942896
Avalon, CA 90704 Sacramento, CA 94296-0001
Dealt BY: Boun
BY: 0
(Authorized Signatur
DAVID MAISTROS, CITY MANAGER KEREN DILL, STAFF SERVICES MANAGER I! (Printed Name and Title of Authorized Representative) (Printed Name and Tile of Authorized Representative) Date 5/28/2025 Date 6/9/2025
CERTIFICATE OF FUNDING
(FOR STATE USE ONLY)
GRANT AMENDMENT NO FISCAL SUPPLIER NO [ PROGRAM
C8969491 K5B2GT155AB1 0000012482 2855015
AMOUNT ENCUMBERED FUND TITLE AGENCY BILLING CODE NO
BY THIS DOCUMENT SPLIT FUNDINGT
$300,000.00 FEDERAL TRUST FUND (F24AP03177) 053709
PRIOR AMOUNT CHAPTER STATUTE FISCAL YEAR
ENCUMBERED BY THIS
DOCUMENT 3790-101-0890 22 2024 2024/25
$0.00
TOTAL AMOUNT APT STRUCTURE ACCOUNT/ALT ACCOUNT ACTIVITY PROJECT
ENCUMBEREO TO DATE
$300,000.00 37900709 5432000/5432000000 68867 379065622200 Grant Agreement C8969491(1227)
Avalon Dinghy Dock Renovation BIG TIER I
Grant Conditions, Scope of Work, and Project Cost Estimate
1. The USFWS conditionally approves pre-award expenditures of $64,000 to complete required regulatory permitting and engineering as shown in Table 1 Project Cost Estimate below. This conditional award includes expenditure of $48,000 in Federal share and $16,000 in cash match funds. The grantee must show a minimum of 20% proration and provide a minimum 25% cash match for each reimbursement requested on conditionally approved expenditures.
This conditional approval requires that the grantee submit additional information on environmental effects pertaining to construction activities, including information suitable to meet further needs of the:
• U.S. Army Corps of Engineers - Clean Water Act (Section 401 and 404) • National Environmental Policy Act
• Federal Endangered Species Act
• Magnuson-Stevens Fishery Conservation and Management Act • Essential Fish Habitat Act
• Marine Mammal Protection Act
• Bald and Golden Eagle Protection Act
• National Historic Preservation Act
DBW will submit this information to USFWS for review and approval.
The grantee and their contractors) must not begin construction related to this award until DBW has notified you in writing that such work can begin.
2. The grantee must complete CEQA and NEPA requirements by July 1, 2026. No reimbursement will occur until these requirements are complete.
3. Per 2 CFR Part 184 Buy America Preference for Infrastructure Projects, funds used for BIG projects must certify that:
a. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States, b. All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product hat are mined, produced, or manufactured in the United States is greate han 55 percent of the total cost of all components of the manufacture
Grant Agreement C8969491 (1227)
Avalon Dinghy Dock Renovation BIG TIER |
product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation, and
c. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Construction materials includes an article, material, or supply that is or consists primarily of: non-ferrous metals, plastic, and polymer-based products including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, and drywall. Construction materials does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives.
4. As general conditions of the award, these procedures must be followed if artifacts or human remains are discovered during the course of work conducted under this grant agreement:
a. Inadvertent or Post-Review Discoveries (36 CFR 800.13): In the event that prehistoric artifacts (e.g., arrowheads, spear points, mortars, pestles, other ground stone tools; knives, scrapers, or flakes from the manufacture of tools; fire pits; and peeled trees) or historic -period artifacts or features (e.g., and building remains) are found during project implementation the recipient or authorized agent shall cease work immediately within 200 feet of the find and take steps to protect the find from further damage or disruption. Then they shall contact the USFWS Regional Historic Preservation Officer (RHPO) at (503) 625-4377 office, (530) 451-9953 mobile, or anan [email protected] to report the find. No further work shall be allowed in the vicinity of the find until the RHPO, following USFWS protocols, authorizes resumption of work; and b. Inadvertent Discoveries (43 CFR 10.4): In the event that human remains, burials, funerary items, sacred objects, or objects of cultural patrimony are found during project implementation, the recipient or authorized agent shall cease work immediately within 200 feet of the find and take steps to protect the find from further damage or disruption. Then they shall contact USFWS
Grant Agreement C8969491(1227)
Avalon Dinghy Dock Renovation BIG TIER I
RHPO at (503) 625-4377 office, (530) 451-9953 mobile, or anan [email protected], local law enforcement officials, and the County Coroner to report the find. No further work shall be allowed in the vicinity of the find until the RHPO, following USFWS protocols, authorizes resumption of
5. In accordance with 50 CFR 86.18, California Department of Parks and Recreation, Division of Boating and Waterways must be hypothecated on the project site's parcel number, the lease, or any other recorded form of security for the required useful life of the project.
6. DBW and USFWS must provide prior written approval for any changes to the project scope listed below.
7. Prior written approval is required from DBW and USFWS for budget revisions between engineering and construction costs that exceed, or are expected to exceed, ten percent (10%) of the current total approved budget.
8. The total eligible project cost is prorated by 20% to allow this percentage of ineligible use of the renovated dinghy dock. 80% of dock intended for BIG program eligible transient recreational vessels 26 feet or more in length, will be delineated with clear signage and enforced by harbor patrol and a CCTV camera.
9. The grantee will contribute all costs necessary for completion of the project that exceed the awarded grant funding amount of $300,000.00.
PROJECT SCOPE OF WORK
10. The City of Avalon agrees to complete the following improvements to the Avalon Harbor Club Dinghy Dock located in the City of Avalon on Santa Catalina Island with funding provided by an FY 2024 federal Boating Infrastructure Grant (BIG). The total estimated project cost is $500,000; the City is prorating for 20% ineligible use of the dock upon completion; therefore the total eligible project cost is $400,000. This project will be funded with $300,000 of federal funds combined with a local cash match of $100,000 and the City contributing the remaining $100,000 to allow for ineligible use. This Project Scope of Work and approved grant budget in Table 1 below supersede the grantee's application and Exhibit B Cost Estimates.
Funds will be used for the following items:
• Engineering
• Permitting
Purchase and installation of 80' shore-to-dock gangway
Purchase and installation of 2 piles
Grant Agreement C8969491(1227)
Avalon Dinghy Dock Renovation BIG TIER İ
• Abutment reinforcemen
• Purchase and installation of a floating dock complex (a base and 4 extensions) Construction management and inspections
Table 1: Project Cost
Estimate
ELIGIBLE
INELIGIBLE COST
TOTAL ESTIMATE FEDERAL CASH
CONSTRUCTION SCOPE ESTIMATED COSTS APPROVED GRANT MATCH
COST (PRORATION) IN GRANT
AWARD
Construction (Gangway,
Abutment, Piles, Structure, $380,000.00 $76,000.00 $304,000.00 | $228,000.00 $76,000.00 and Float Complex
Construction mgt/inspection $15,000.00 $3,000.00 $12,000.00 $9,000.00 $3,000.00 Construction Subtotal $395,000.00 $79,000.00 $316,000.00 $237,000.00 $79,000.00
NON-CONSTRUCTION
SCOPE
Project Engineering $40,000.00 $8,000.00 $32,000.00 $24,000.00 $8,000.00 Regulatory Permitting $40,000.00 $8,000.00 $32,000.00 $24,000.00 $8,000.00 Contingency $25,000.00 | $5,000.00 $20,000.00 $15,000.00 $5,000.00 Non-Construction $105,000.00 $21,000.00 $84,000.00 $63,000.00 $21,000.00 Subtotal
TOTAL ESTIMATED $500,000.00 $100,000.00 $400,000.00 $300,000.00 $100,000.00 PROJECT COST|
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
Table of Contents
ARTICLE 1. - DEFINITIONS.... .....З
ARTICLE 2. - GRANTEE'S WARRANTIES ........4
ARTICLE 3. - TERM OF AGREEMENT.. ..4
ARTICLE 4. - GRANT. ..4
ARTICLE 5. - COMPLIANCE WITH LAW, REGULATION AND POLICY .....5 ARTICLE 6. - PROJECT COMPLETION DATE... ... 5
ARTICLE 7. - LAND CONTROL.... ..5
ARTICLE 8. - DESIGN AND CONSTRUCTION OF PROJECT. • 6
ARTICLE 9. - OPERATION AND MAINTENANCE OF PROJECT .. 8
ARTICLE 10. - DISBURSEMENT OF GRANT ..10
ARTICLE 11. - COST SHARING OR MATCHING (2 CFR 200.306) ...12 ARTICLE 12. - PROJECT REPRESENTATIVES. ...13
ARTICLE 13. - LIABILITY AND FIRE INSURANCE... ..13
ARTICLE 14. - INSTALLATION OF OTHER FACILITIES... ...15 ARTICLE 15. - ASSIGNMENT, SALE OR TRANSFER.. ...15
ARTICLE 16. - ADOPTION OF RULES AND REGULATIONS FOR CONCESSION AGREEMENTS.... ...16
ARTICLE 17. - LIABILITY.. 9T '*'''
ARTICLE 18. - IMPLEMENTATION OF PROJECT... LT"
ARTICLE 19. - BREACH OF GRANT AGREEMENT • 17
ARTICLE 20. - DISPUTE RESOLUTION.. ...18
ARTICLE 21. - SIGN REFERRING TO STATE AND FEDERAL FINANCING ...18 ARTICLE 22. - DIRECTIONAL SIGNS... ...18
ARTICLE 23. - MEETINGS..... ...18
ARTICLE 24. - WAIVER OF RIGHTS..... ..19
ARTICLE 25. - REMEDIES NOT EXCLUSIVE .19
1 BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
ARTICLE 26. - OPINIONS AND DETERMINATIONS. • 19
ARTICLE 27. - SUCCESSORS AND ASSIGNS OBLIGATED.. 19
ARTICLE 28. - AUDIT 19
ARTICLE 29. - ANTITRUST CLAIMS ..... 19
ARTICLE 30. - PRIOR TERMINATION.. . 20
ARTICLE 31. - TERMINATION . 21
ARTICLE 32. - WAIVERS... • 21
ARTICLE 33. - WAIVER OF THE STATUTE OF LIMITATIONS • 22 ARTICLE 34. - WAIVER OF RIGHTS.... 22
ARTICLE 35. - NOTICES..... ...22
ARTICLE 36. - SUPERSEDING GENERAL TERMS AND CONDITIONS 22 ARTICLE 37. - GRANTEE IDENTIFICATION NUMBER. 22
ARTICLE 38. - REPORTABLE PAYMENT IDENTIFICATION AND CLASSIFICATION ...22 ARTICLE 39. - NATIONAL LABOR RELATIONS BOARD CERTIFICATION .23 ARTICLE 40. - INCORPORATION OF NONDISCRIMINATION CLAUSE... 23 ARTICLE 41. - NONDISCRIMINATION CLAUSE... .23
ARTICLE 42. - OUTSIDE SERVICES (NON-EXCLUSIVITY).. • 24 ARTICLE 43. - COMPLIANCE WITH FEDERAL REQUIREMENTS • 24 ARTICLE 44. - STATEMENT OF COMPLIANCE . 24
ARTICLE 45. - BYRD ANTI-LOBBYING AMENDMENT (31.U.S.C. 1352).. . 24 ARTICLE 46. - REVISION OF BUDGET AND PROGRAM PLANS (2 CFR 200.308).. ...24 ARTICLE 47. - MANDATORY DISCLOSURES... . 25
ARTICLE 48. - ENHANCEMENT OF RECIPIENT AND SUBRECIPIENT EMPLOYEE WHISTLEBLOWER PROTECTION . 25
ARTICLE 49. - EQUAL OPPORTUNITY CLAUSE . 26
2 REVISION 12.12,19 final BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
ARTICLE 1. - DEFINITIONS
A. ALLOWABLE PROJECT COSTS means those permitting, planning, signage, labor, design, material and construction costs which are necessarily incurred by the Grantee for the purpose of completing the Project and are covered by the Grant as eligible Grant activities; such Project costs shall not include any expenses incurred prior to the Effective Date of this Agreement nor any expenses incurred for ineligible activities unless otherwise noted in the Project Scope and Cost Estimate (Exhibit B).
Such Project costs shall not include indirect or overhead charges claimed by the Grantee.
B. DATE OF ACCEPTANCE means the date specified on the Project Completion Certification and which denotes the beginning of the twenty (20) year portion of the grant term in accordance with Article 3 of this exhibit.
DEPARTMENT means the Department of Parks and Recreation, Division of Boating and Waterways (DBW).
EFFECTIVE DATE means either the mutually agreed upon Project start date or the date signed by the Department, whichever is later. This Agreement is of no force or effect until the date of the last signature. No work shall commence until the Effective Date.
GRANT means the funds provided pursuant to U.S. Fish and Wildlife Service, Boating Infrastructure Grant Program, 50 CFR Part 86 Final Rules.
GRANTEE means the person or entity identified as the Grantee on the face page of the Agreement.
G. PROJECT means the Boating Infrastructure Grant proposal submitted by the Grantee to the Department and attached and made part of the Agreement as Exhibit B.
H. PROJECT AREA means the area delineated in Exhibit B within which the Project will be undertaken.
I. PROJECT COMPLETION CERTIFICATION means a fully executed Notice of Completion, or equivalent, which states the Grantee has accepted the Project as complete on a specific date (Date of Acceptance).
3 REVISION 12 12.19 final BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
ARTICLE 2. - GRANTEE'S WARRANTIES
Grantee warrants that the obligation created by this Agreement will not create an indebtedness or liability contrary to the provisions of Section 18 of Article XVI of the Constitution of the State of California.
ARTICLE 3. - TERM OF AGREEMENT
A. The term of this Agreement, subject to the provisions for prior termination, shall begin on the Effective Date of the Agreement and shall continue for twenty (20) years from the date that the Project is accepted by the Department.
This Agreement may be extended, amended, or canceled upon written agreement of both the Department and the Grantee.
ARTICLE 4. - GRANT
The Department hereby grants up to three hundred thousand dollars and no cent cents. $300,000.00 to the Grantee for the construction/renovation of boating facilities for recreational boats 26 feet or more in length at Avalon Harbor Club Dinghy Dock in compliance with the regulations of the Boating Infrastructure Grant Program (50 CFR Part 86).
B. The Grant provides for reimbursement for approved expenditures with Federal Funds [FED CATALOGUE 15.622).
C. This Grant is contingent upon approval of the Project by the State and the U.S. Fish and Wildlife Service. The Grantee shall satisfy all applicable state and federal laws, regulations, and authorities; including but not limited to the following federal authorities 50 CFR Part 86, 2 CFR 200.
D. The Project work shall be in accordance with the approved Proposal for National Boating and Infrastructure Grant Program, designated as Exhibit B, which is made part of this Agreement.
E. This Grant is subject to the terms and conditions in Exhibits A, B, C, and D of this Agreement.
4 REVISION 12.12.19 final BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
ARTICLE 5. - COMPLIANCE WITH LAW, REGULATION AND POLICY Grantee shall comply with all applicable laws and regulations of the State of California, U.S.
Fish and Wildlife Code of Federal Regulations (2 CFR 200, 50 CFR 86), Equal Opportunity (41 CFR 60-1.4(b)), Copeland "Anti-Kickback" Act (40 U.S.C. 3145), Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements" (37 FR Part 401), Clean Air Act (42 U.S.C. 7401-7671g.), and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), Debarment and Suspension (Executive Orders 12549 and 12689), Byrd Anti-Lobbying amendment (31 U.S.C. 1352).
Updated regulations are available at the U.S. Fish and Wildlife website http://www.fws.gov/grants/resources.html.
ARTICLE 6. - PROJECT COMPLETION DATE
The Grantee shall complete the construction/renovation of the boating infrastructure facility as described in the Project Scope (Exhibit B) and hereinafter referred to as "Project" no later than February 1, 2027.
ARTICLE 7. - LAND CONTROL
A. The Grantee shall retain ownership or control of all land within the Project area and shall not sell, exchange, transfer, mortgage, hypothecate, lease, assign or sublease in any manner all or any portion of the real property within the Project area, or required in connection therewith, without advance written approval of the Department.
B. The Grantee warrants that there shall be no encumbrance, lien, easement, license, title, cloud, or other interest, which may interfere with the Project or use thereof by the public.
Certification by the Department that the Grantee has satisfied the conditions precedent to disbursement of the Grant shall not affect this warranty.
C. The Grantee shall ensure that the facilities will continue to serve their intended purposes throughout their useful life. Facilities constructed or improved with Federal Aid funds must continue to serve the purpose for which acquired or constructed by the Grantee.
D. Failure to comply with the requirements of Sections A, B, or C above shall be a breach of Grant Agreement for which the Department and U.S. Fish and Wildlife Service may require repayment of the Grant.
5 REVISION 12.12.19 final BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
ARTICLE 8. - DESIGN AND CONSTRUCTION OF PROJECT
A. All architectural and engineering contracts for plans and specifications shall require that the plans and specifications:
1. Be prepared by persons licensed by the State of California to undertake the type of design work required by the Project (engineer's/architect's certificate number to appear on construction contract design documents),
2. Be prepared in conformance with the most recent version of the Department of Boating and Waterways' Layout & Design Guidelines for Marina Berthing Facilities, when applicable,
3. Be submitted to the Department and Grantee in 11"X 17" hardcopy and on CD, DVD, or 11" X 17" PDF format. Specifications shall also be submitted in hardcopy or in PDF format,
4. Become the property of the Grantee,
5. Provide for all Project facilities set forth in Exhibit B and B. The Grantee shall obtain from the Department advance written approval for the following:
All bid documents prior to advertisement including plans and specifications,
2. All contracts prior to award,
3. All change orders of $5,000 or more, for any work performed under this Agreement,
4. All changes to Project schedule discussed in Subpart D of this Article, of thirty (30) days or more, and
5. Acceptance of the Project by the Grantee.
C. All construction contracts for the Project shall:
Be awarded in accordance with all applicable laws and regulations, shall comply with Federal requirements 2 CRF identified in section §§200.318 General procurement standards through 200.326 Contract provisions, Contain the following clause: "The Department of Parks and Recreation, Division of Boating and Waterways and its agents may, at any and all reasonable times during the term of this Agreement, enter the Project area for purposes of inspecting the Project area."
6 REVISION 12.12.19 final BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
3. Contain a clause stating that the Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee who is employed in the work covered by such contracts or against any applicant for such employment because of sex, sexual orientation, race, color, ancestry. religious creed, national origin, physical disability (including, but not limited to HIV and AIDS), mental disability, medical condition (cancer), age, marital status, and denial of family care leave, and that such provisions shall include, but not be limited to: employment, upgrading, promotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship.
4. Contain a clause that the construction contractor shall comply with all air pollution and environmental control rules, regulations, ordinances and statutes, which apply to the Project, and any work performed pursuant to the contract,
5. Contain a clause that requires the contractors to ensure the structural integrity and safety of the Project,
6. Require that the Project be constructed according to the plans and specifications prepared for the Project, and that quality control shall be performed and compliance with specifications shall be verified, by qualified professionals selected by the Grantee or Grantee's representative, and Shall contain the requirements of Article 13 Liability and Fire Insurance and Article 17 Liability of this Agreement.
D. The Grantee shall, within sixty (60) days of approval of this Agreement, provide the Department with a Project schedule showing the proposed dates of the following Project phases or milestones:
Beginning and ending dates of Project design consultant selection by Grantee,
2. Submission of the consultant services agreement to the Department for approval,
3. Beginning and ending of Project design,
4. Submission of plans and specifications to the Department for approval at 30%, 60%, 90%, and 100% completion,
5. Beginning and ending dates of Grantee advertising of Project for bids,
6. Project bid opening date,
7. Submission of the construction Agreement to the Department for approval, 7 REVISION 12.12.19 final BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
8. Beginning and ending dates of Project construction,
9. Acceptance of Project by the Grantee, and
10. Submission of a Project Completion Certification to the Department.
E. Prior to the commencement of the construction of the Project, the Grantee shall cause the contractor and a corporate surety acceptable to the Department to furnish in favor of the Grantee and the Department, as their interests may appear, bonds or other security interests as allowed pursuant to PCC 10263 & 22300 in the minimum amounts indicated below and copies shall be furnished to the Department:
1. Faithful performance - one hundred percent (100%) of the total contract bid price.
2. Labor and materials - one hundred percent (100%) of the total contract bid price.
F. The Grantee's personnel and construction of the Project shall be under the supervision of qualified inspectors.
G. Inspection reports and related inspection data shall at all reasonable times be accessible to the Department personnel, and on request copies of such reports and data shall be provided to the Department by the Grantee.
H. The Grantee shall provide at least quarterly written reporting to the Department as to the progress and status of the Project using the form provided by the Department unless Grantee has a form otherwise approved by the Department in writing.
ARTICLE 9. - OPERATION AND MAINTENANCE OF PROJECT
The Grantee shall operate the Project and all other improvements placed in the Project area as a recreational transient boating facility. The Project area shall be open to all recreational vessels, including vessels powered by 2-stroke and 4-stroke gasoline engines, at all times except as approved by the Department. Notwithstanding Harbors and Navigation Code Section 660, any non-emergency restrictions related to time-of-day use, speed zones, special-use areas, or pollution control measures in the Project area, which results in closure or partial closure of the waterway to any recreational vessel shall be subject to prior approval by the Department. Failure to obtain prior approval of the Department for such restrictions shall constitute a breach of this Grant Agreement and subject the Grantee to the penalties set forth in Article 19 of this exhibit. 8 REVISION 12.12.19 final BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
The Grantee shall maintain and repair any and all buildings, structures or other improvements, which are or may, hereafter, be constructed in the Project area, and the Department, shall not be liable for any costs of such maintenance, management, control or operation.
The Grantee shall allow reasonable access to the Project by all recreational vessels for the useful life of the facilities constructed with the Grant funds. The Grantee shall insure that the facilities are accessible to the public. "Accessible to the public" means located where the public can reasonably reach the facility; where boats typical to that facility can easily use it; where only reasonable fees, as defined in Section H of this Article, are charged; and that are open for reasonable periods as determined and approved by the Department. The Grantee shall allow public access to the shore and basic features such as fuel and restrooms in facilities that have them. The Grantee shall provide precise details of the public access to the Department for approval. Any work to construct or renovate tie-up facilities under the Grant must comply with the Americans with Disabilities Act.
D. All facilities located within the Project area shall be maintained and operated with due regard to public safety and in accordance with all applicable laws, ordinances, and regulations. All contracts relating to the operation of the Project shall include a clause requiring adherence to all applicable state and federal nondiscrimination laws.
The Grantee shall operate and maintain the Project and all improvements funded by this Grant Agreement in a manner that ensures a safe and useable condition of the Project at all times during the time of this Grant Agreement. The Department may make periodic inspections to determine if the facility is being operated and maintained accordingly. Failure to operate and maintain the facility in accordance with this section is a breach of this Grant Agreement and shall preclude the Grantee from receiving any future Grants and may subject the Grantee to other remedies available to the Department as described elsewhere in this Grant Agreement. The Department and its agents may, at any and all reasonable times during the term of this Grant Agreement, enter the Project for purposes of inspecting the Project. 9 REVISION 12.12.19 final BIG Boaling intras nucture Gran
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
F. The Grantee that has entered into, or will enter into a concession agreement for operation of the Project shall require that the operation and maintenance of the facility by the concessionaire be continued with in accordance with all conditions of Article 9 of this exhibit, Sections A-H.
G. All Department signs shall be kept permanently in place.
H. The Grantee (or any lessee or concessionaire operating under the authority of the Grantee) may charge the users of the facilities provided with the Grant funds a reasonable fee, based on the prevailing rate in the area. The fees charged by the Grantee shall not pose an unreasonable competitive amount on the publicly or privately owned facilities in the area. The Grantee shall obtain written approval from the Department for all fee structures and any proposed future changes to the fee structures.
The fees charged for use of the facilities shall be the same for all users.
ARTICLE 10. - DISBURSEMENT OF GRANT
Conditions Precedent - The Department shall have no obligation to disburse money under this Grant unless and until the Grantee demonstrates to the satisfaction of the Department that the Grantee has satisfied all State and Federal grant requirements per Article 4 (C) of this exhibit and the Department has received written verification from the U.S. Fish and Wildlife Service that the Project has been approved.
Conditions Precedent - The Department shall have no obligation to disburse money under this Grant unless and until the Grantee demonstrates to the satisfaction of the Department that the Grantee has title to, or adequate interests in, the real property comprising the Project area, including but not limited to the following:
Land access to the Project area by a maintained way,
2. A right of passage over a waterway, open to the public, between the Project and navigable waters, and
3. Easements or other rights of way outside the Project area to provide utilities and services to the Project.
The Department shall provide a Grant to the Grantee up to the maximum amount stated on the face page of the Agreement, however: No funds shall be disbursed for work performed prior to 10 REVISION 1212 19 fine! BIG Boalln Intrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
the Effective Date of this Agreement. The Department shall have no obligation to disburse any of the Grant to cover construction costs unless and until the Grantee demonstrates that it has acquired all permits necessary to construct and operate the Project. Grant disbursements to cover Project Costs shall be made in arrears as follows:
A. Grantee shall request a Grant disbursement in arrears at least quarterly, but not more frequently than monthly, for any and all reimbursable expenses incurred during that period, using the form provided by the Department unless Grantee has a form otherwise approved by the Department in writing. Paid invoices or other evidence of Grantee's payment of Project Costs must accompany Grant disbursement requests. When Grantees' staff completes work, Grantee shall submit signed time sheets showing the time worked on the Project, the date, and the work completed towards the Project during that time. Direct pay amounts, including benefits, for each installer must be provided.
B. Grant disbursement requests shall be submitted in one electronic and one hardcopy to the Department. In the event no reimbursable expenses were incurred during a quarter, the Grantee shall report to the Department any progress made on the Project, or explanation of no progress made on the Project, at least quarterly.
C. Grantee shall request final Grant disbursement no later than thirty (30) days following the Date of Acceptance of the Project by the Grantee.
The Department may withhold any Grant disbursement if the Grantee fails to comply with any of the provisions of this Agreement.
E. The Department shall retain Grant funds equal to ten percent (10%) of approved Project Costs until the Department has approved the acceptance of the Project.
F. This Grant is valid and enforceable only if sufficient funds are made available to the State by the United States government for the fiscal years covered by the term of construction as limited by the completion date stated in Article 6 of this exhibit. In addition, this Grant is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress, which may affect the provisions, terms or funding of this Grant in any manner. It is mutually agreed the Department has the option to void or cancel the Grant if funds are not available with thirty (30) days advance written notice or to amend the Grant to reflect any reduction in funds.
11 REVISION 12 12.19 final
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
ARTICLE 11. - COST SHARING OR MATCHING (2 CFR 200.306)
A. All shared costs, matching funds, and contributions, including cash and third-party in- kind contributions, shall meet all of the following criteria:
1. Shall be clearly and specifically detailed in writing, and verified by Grantee,
2. Shall not be included as contributions for any other Federal award,
3. Shall be necessary and reasonable for accomplishment of Project or program objectives,
4. Shall be allowable under Section E of this Article,
5. Shall not be paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for that program may be applied to matching or cost sharing requirements of other Federal programs,
Shall be provided for in the approved budget when required by the Federal awarding agency, and
7. Shall conform to other provisions of this part, as applicable.
B. Unrecovered indirect costs, including indirect costs on cost sharing or matching, may be included as part of cost sharing or matching only with the prior approval of the Federal awarding agency. Unrecovered indirect cost means the difference between the amount charged to the Federal award and the amount which could have been charged to the Federal award under the non-Federal entity's approved negotiated indirect cost rate.
C. Volunteer services furnished by third-party professional and technical personnel, consultants, and other skilled and unskilled labor may be counted as cost sharing or matching if the service is an integral and necessary part of an approved Project or program. Rates for third-party volunteer services must be consistent with those paid for similar work by the non-Federal entity. In those instances in which the required skills are not found in the non-Federal entity, rates must be consistent with those paid for similar work in the labor market in which the non-Federal entity competes for the kind of services involved. In either case, paid fringe benefits that are reasonable, necessary. allocable, and otherwise allowable may be included in the valuation.
D. When a third-party organization furnishes the services of an employee, these services must be valued at the employee's regular rate of pay plus an amount of fringe benefits that is reasonable, necessary, allocable and otherwise allowable, and indirect costs at 12 REVISION 12.12.19 final BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
either the third-party organization's approved federally negotiated indirect cost rate or, a rate in accordance with §200.414. Indirect (F & A) costs, paragraph (d), provided these services employ the same skills) for which the employee is normally paid. Where donated services are treated as indirect costs, indirect cost rates will separate the value of the donated services so that reimbursement for the donated services will not be made.
E. Donated property from third parties may include such items as equipment, office supplies, laboratory supplies, or workshop and classroom supplies. Value assessed to donated property included in the cost sharing or matching share must not exceed the fair market value of the property at the time of the donation.
F. The value of donated space must not exceed the fair rental value of comparable space as established by an independent appraisal of comparable space and facilities in a privately owned building in the same locality.
G. The value of loaned equipment must not exceed its fair rental value.
1. For third-party in-kind contributions, the fair market value of goods and services must be documented and to the extent feasible supported by the same methods used internally by the non-Federal entity.
2. For Institutes of Higher Education, see also OMB memorandum M-01-06, dated January 5, 2001, Clarification of OMB A-21 Treatment of Voluntary Uncommitted Cost Sharing and Tuition Remission Costs.
ARTICLE 12. - PROJECT REPRESENTATIVES
The Grantee and the Department shall each designate in writing specific staff representatives for the purposes of communication between parties. Grantee's representative shall be confirmed by delegation of authority, signed by the person designated by Resolution to sign the Agreement or any amendments, and to make decisions concerning the Agreement.
ARTICLE 13. - LIABILITY AND FIRE INSURANCE
The Grantee shall, at a minimum, maintain in full force and effect during the term of this Agreement the following insurance:
Bodily Injury or Death: $1,000,000 each person
$1,000,000 each occurrence
13 BIG Boating Infrastructure Grent
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
Property and Product Damage $1,000,000 each occurrence
$1,000,000 aggregate
Fire Insurance 90% of the full insurable value of all
insurable components of the Project
B. All policy or policies shall contain the following endorsement:
The State of California, its officers, agents, employees and servants are hereby declared to be additional insured under the terms of this policy, as to activities of both the Grantee and the Department in respect to the Project, and this policy shall not be cancelled without thirty (30) days prior written notice to the Department.
C. The Grantee agrees that all contracts between it and the contractor (or contractors) responsible for construction of the Project shall contain a clause which requires the contractors) to obtain insurance in the minimum amounts and kinds specified above in Subpart A.
D. The insurance requirements specified above in Subpart A, may be satisfied to the extent that the Grantee can provide comparable protection for the Grantee and the Department by virtue of the Grantee's participation in any "risk management" plan, self-insurance program, insurance pooling arrangement, or any combination of these, provided that the protection plan has been approved by the Department.
E. The Grantee agrees that all contracts between it and the designer (or designers) responsible for design and preparation of plans and specifications of the Project shall contain a clause requiring said designers) to obtain Architect's Professional Liability (errors and omissions) Insurance in the amount of $1,000,000.
F. Copies of any policy or policies, including any new or renewal policy, shall be in a form satisfactory to the Department. Copies of such policy or policies shall be submitted to the Department at least twenty (20) days prior to the Effective Date or dates thereof.
G. Loss under any fire insurance policy shall be payable to the Department for deposit in an appropriate trust fund with the State of California. The proceeds may be paid to the Grantee upon the Grantee's application for the reconstruction of the destroyed facilities.
H. The Department shall not be responsible for the payment of any premiums or assessments on Grantee's insurance policies.
14 REVISION 12 12.19 final BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
1. Grantee shall provide proof of insurance to the Department annually and upon written request by the Department.
ARTICLE 14. - INSTALLATION OF OTHER FACILITIES
A. The Grantee may at its own expense place or cause to be placed within the Project area any structure or structures, or make any alterations or improvements in addition to those set forth herein, and described in Exhibit B, provided that such facilities:
Are constructed, maintained and operated for the use, enjoyment, protection and service of the public,
2. Are in compliance with Article 9 of this exhibit,
3. Do not directly or indirectly reduce the service capacities for the boating public called for in Exhibit B, including the sanitary and parking facilities, and
4. Have the prior written approval of the Department. Approvals shall not be unreasonably withheld.
B. The Department shall not be obligated to make or cause to be made any alterations, improvements or repairs to any facilities within the Project area in addition to the original construction of the Project as provided for herein.
ARTICLE 15. - ASSIGNMENT, SALE OR TRANSFER
No assignment, sale or transfer of this Agreement or any part hereof, rights hereunder, or interest herein by Grantee shall be valid unless and until it is approved in writing by the Department and made subject to such reasonable terms and conditions as the Department may impose.
B. Grantee shall require, as a condition of assignment, sale or transfer of the property on which the Project is constructed, that the assignee, purchaser of transferee of the property assume, in writing, in such manner as shall be satisfactory to the Department, the obligations of this Agreement. Failure to comply with this provision shall constitute a default and shall be grounds for Department to terminate this Agreement and seek all available legal remedies.
15 REVISION 12 12.19 final BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
ARTICLE 16. - ADOPTION OF RULES AND REGULATIONS FOR CONCESSION
AGREEMENTS
The Grantee agrees that such concession agreements as may be entered into, and such rules and regulations as may be promulgated by it for the use and enjoyment of the Project area and all facilities therein, shall conform to and be consistent with the rules, regulations, and policies promulgated by the Department and generally applicable to the Department small craft launching facilities Grant program; further, such concessions agreements shall have the written approval of the Department prior to award of a concession agreement by the Grantee. Also, such concessions agreements should be entered into only when the Grantee can demonstrate that private sector operation is the best available alternative. Concession agreements of a short-term duration (five years or less) are preferred, with renewal based upon performance reviews by both the local governmental agency and the Department. If a long-term concession agreement is entered into, the Grantee shall include in the concession agreement a capital investment requirement for the concessionaire.
ARTICLE 17. - LIABILITY
A. The Grantee waives all claims and recourse against the Department including the right to contribution for any loss or damage arising from, growing out of or in any way connected with or incident to this Agreement.
B. The Grantee agrees to indemnify, defend and hold harmless, the Department, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm, entity or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm, entity or corporation who may be injured or damaged by Grantee in the performance of this Agreement or by any aspect of the Project during the term of this Agreement.
C. The Grantee shall indemnify, hold harmless, and defend the Department, its officers, agents and employees against any and all claims, demands, damages, costs, expenses and liability connected with or arising out of the acquisition, design, construction, operation, maintenance, existence or failure of the Project. 16 REVISION 12 12 19 final BIG Boating infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
D. If the Department is named as a co-defendant, the Grantee shall notify the Department and represent it unless the Department elects to represent itself. If the Department undertakes its own defense, it shall bear its own litigation costs, expenses, and attorney's fees.
ARTICLE 18. - IMPLEMENTATION OF PROJECT
All contracts for the Project shall be awarded in accordance with all applicable laws and regulations.
ARTICLE 19. - BREACH OF GRANT AGREEMENT
The Department through written notice may require the Grantee to remedy (to Department's satisfaction) any breach of this Agreement within ninety (90) days of the date of such notice.
The Department may extend the time permitting remedy of the breach if the Grantee begins such remedy within the said period; however, if the Grantee fails to proceed with or complete any remedial action within the time allowed, then the Department may take one or more of the following steps:
A. The Department may take any and all reasonable and necessary actions to correct the breach. The Grantee shall be liable for all actual costs, including administrative costs, incurred in the course of correcting the breach.
B. The Department may require the Grantee to repay the Department for all Project costs funded by the Grant. Grantee shall make such repayment within one-hundred and eighty (180) days of the date that written notice for repayment was sent to Grantee.
Repayment shall be determined by the Department and the U.S. Fish and Wildlife Service on a prorated unexpired term basis (the remainder of the twenty (20) year term) as determined in Article 3 of this exhibit.
C. In the event the Grantee has failed to obtain prior approval of the Department for any time-of-day, speed zones, special-use area, or pollution control measure which restricts the Project area, or results in its closure or partial closure, to any form of recreational vessel, the Department may determine the percentage of boaters affected and may require the Grantee to repay the Grant money on a prorated unexpired term basis for that percentage of all Project costs covered by the Grant. The Grantee shall make such repayment within ninety (90) days of which written notice for repayment is made. 17 REVISION 12.12,19 final BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
Repayment shall be made according to a schedule determined by the Department after consultation with Grantee.
ARTICLE 20. - DISPUTE RESOLUTION
Any dispute arising under the terms of this Agreement, which is not disposed of within a reasonable period of time by the Grantee and Department representatives normally responsible for the administration of this Agreement, shall be brought to the attention of the Deputy Director of the Division of Boating and Waterways or the Deputy Director's designee. At the request of either party, the Department shall provide a forum for the discussion of the disputed matters).
If agreement cannot be reached, either party may assert its other rights and remedies within this Agreement in a court of competent jurisdiction.
ARTICLE 21. - SIGN REFERRING TO STATE AND FEDERAL FINANCING The Grantee shall cause a permanent sign to be installed within the Project area, which shall include a statement that the Project was financed by the Department under the Federal Aid in the Wildlife and Sport Fish Restoration Program. The sign may contain additional statements, which recognize the participation of other government agencies in the Project and shall include the Sport Fish Restoration Logo. The sign shall be installed before the Project is made available to the public. The location and make-up of the sign, including the dimensions, materials, language and lettering shall be approved by the Department.
ARTICLE 22. - DIRECTIONAL SIGNS
The Grantee shall at the direction of the Department cause permanent directional signs to be installed so as to provide adequate directions to the public for reaching the Project area. The locations and the make-up of the signs, including the dimensions, materials and lettering, shall be as approved by the Department.
ARTICLE 23. - MEETINGS
Upon the request of DBW, the Grantee shall participate in joint meetings with representatives of DBW to review the Project status. These meetings shall be held at the Grantee's premises or in Sacramento at DBW headquarters at the discretion of the DBW Project Representative. 18 REVISION 12.12,10 final BIG Boating infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
ARTICLE 24. - WAIVER OF RIGHTS
Any waiver by either party hereto of its rights with respect to a default or any other matter arising in connection with this Agreement shall not be deemed to be a continuing waiver with respect to that default, or to any other default or matter.
ARTICLE 25. - REMEDIES NOT EXCLUSIVE
The use by either the Department or the Grantee of any remedy specified in the Agreement for the enforcement of the Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.
ARTICLE 26. - OPINIONS AND DETERMINATIONS
Where the terms of this Agreement provide for action to be based upon the opinion, judgment, approval, review, or determination of either the Department or Grantee, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 27. - SUCCESSORS AND ASSIGNS OBLIGATED
This Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties to this Agreement.
ARTICLE 28. - AUDIT
In addition to the audit requirements specified in other sections of this Agreement, Grantee understands and agrees that, as a recipient of Federal Funds, it must comply with all applicable audit requirements imposed by federal law, regulations or policy, including but not limited to the Single Audit Act and the reporting requirements set forth in 2 CFR 200 Subpart F.
ARTICLE 29. - ANTITRUST CLAIMS
The Grantee by signing this Agreement hereby certifies that if these services or goods are obtained by means of competitive bid, the Grantee shall comply with the requirements of the Government Code Sections set out below.
A. The Government Code Chapter on Antitrust claims contains the following definitions:
19 REVISION 12.12.19 final BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
"Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code, and
2. "Public purchasing body" means the State or the subdivision or agency making a public purchase. (Government Code Section 4550)
B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid.
Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. (Government Code Section 4552) C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (Government Code Section 4553) D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. (Government Code Section 4554) ARTICLE 30. - PRIOR TERMINATION
The Agreement shall terminate on the date specified in Article 6 of this exhibit if by such date (1) the Grantee has not met all conditions precedent to disbursement under this Agreement by such date, or (2) if the Department has disbursed no part of the Grant funds. 20 REVISION 12.12.19 final BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
ARTICLE 31. - TERMINATION
A. TERMINATION FOR CONVENIENCE
1. The Department may terminate this Agreement at any time for the convenience of the State upon thirty (30) days prior written notice, delivered by certified mail or in person to Grantee. Upon notice of such termination, Grantee shall, within thirty (30) days, return by check payable to the Department all unexpended Grant funds not previously approved for expenditure by the Department.
2. Grantee may terminate this Agreement at any time upon thirty (30) days prior written notice, delivered by certified mail or in person to the Department, provided, however, that upon any such termination of the Agreement, Grantee shall, within thirty (30) days of such termination, reimburse by check payable to the Department all funds contributed by the Department to the Project on a prorated basis as determined by the Department.
B. IERMINATION FOR DEFAULT
The Department may at any time upon ninety (90) days prior written notice of default, and, when applicable, after having afforded Grantee an opportunity to cure any breach pursuant to Article 20 of this exhibit, terminate this Agreement if the Grantee has failed to abide by any applicable provision of this Agreement. In such case, Grantee shall, within ninety (90) days of its receipt of a notice of termination, reimburse by check all funds contributed by the Department to the Project.
ARTICLE 32. - WAIVERS
No delay on the part of any party in exercising any right, power or privilege under this Agreement shall operate as a waiver of that right, power, or privilege, nor shall any written waiver on the part of any party of any right, power or privilege under this Agreement, nor any single or partial exercise of any right, power or privilege under this Agreement, preclude any other or further exercise thereof or the exercise of any other right, power or privilege under this Agreement. A written waiver of any breach of any kind shall not be construed as a waiver of any subsequent breach of the same kind.
21 REVISION 12 12.19 final BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG
CONSTRUCTION AND OPERATION GRANT AGREEMENT
ARTICLE 33. - WAIVER OF THE STATUTE OF LIMITATIONS
Grantee waives the benefit of any statute of limitations affecting its liability under this Agreement or the enforcement of this Agreement to the extent permitted by law.
ARTICLE 34. - WAIVER OF RIGHTS
Any waiver by either party hereto of its rights with respect to a default of any other matter arising in connection with the Agreement shall not be deemed to be a continuing waiver with respect to that default, or to any other default or matter.
ARTICLE 35. - NOTICES
Notices required between the parties shall be deemed to have been given when mailed to the respective addresses listed in this Agreement, first-class postage fully prepaid thereon, unless otherwise required by law.
ARTICLE 36. - SUPERSEDING GENERAL TERMS AND CONDITIONS
A. The reference to the Contractor in Exhibit C is the Grantee in this Agreement.
B. Notwithstanding Section 13 in Exhibit C, payment to Grantee for expenses shall be limited as provided for in Article 11 of this exhibit.
C. Section 5 in Exhibit C is replaced by Article 17 of this exhibit.
ARTICLE 37. - GRANTEE IDENTIFICATION NUMBER
Each Grantee who enters into an Agreement with the State of California must provide their Federal Employee Identification Number (FEIN), or Social Security Number (SSN), whichever is applicable.
ARTICLE 38. - REPORTABLE PAYMENT IDENTIFICATION AND CLASSIFICATION Grantee shall comply with State and Federal Reportable Payment Identification and Classification Requirements by fully completing the "Vendor Data Record" Std. 204. By signing this Agreement, Grantee understands and agrees that if Grantee does not fully complete the "Vendor Data Record" the State shall reduce the total Grant amount by twenty-one percent (21%) for federal backup withholding, and seven percent (7%) for state income tax withholding.
22 REVISION 12 12, 19 final BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
ARTICLE 39. - NATIONAL LABOR RELATIONS BOARD CERTIFICATION By signing this Agreement, the Grantee affirms under penalty of perjury, that no more than one (1) final, unappealable finding of contempt of court by a federal court has been issued against the Grantee or any of its contractors within the immediately preceding two year period because of Grantee's failure to comply with an order of a federal court which ordered the Grantee to comply with an order of the National Labor Relations Board. (California Public Contract Code §10296)
ARTICLE 40. - INCORPORATION OF NONDISCRIMINATION CLAUSE The Grantee shall include the nondiscrimination clause and its compliance provisions into all contracts and subcontracts to perform work under this Agreement.
ARTICLE 41. - NONDISCRIMINATION CLAUSE
A. l During the performance of this Agreement, the Grantee and all of its contractors and subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religion, national origin, physical handicap, disability (including but not limited to HIV and AIDS), cancer related medical condition, age, or marital status.
Grantee and all of its contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employees and applicants for employment are free from such discrimination and harassment.
B. Grantee and all of its contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code §12900, et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, §7285.0, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing California Government Code §12990 (a-f) set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated herein by reference, and made a part hereof as if set forth in full. Grantee and all of its contractors and subcontractors shall give written notice of their obligation under this clause to labor organizations with which they have a collective bargaining or other Agreement.
23 REVISION 12 12 19 final BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
ARTICLE 42. - OUTSIDE SERVICES (NON-EXCLUSIVITY)
DBW shall, at its sole discretion, have the right to obtain services relating to the subject and objectives of this Agreement outside the terms of this Agreement.
ARTICLE 43. - COMPLIANCE WITH FEDERAL REQUIREMENTS
Grantee shall comply with all applicable Federal laws, regulations, and policies, including those summarized in Part 523, Chapter 1 of the U.S. Fish and Wildlife Service Handbook. These requirements include provisions for nondiscrimination, environmental standards, historic and cultural preservation, and other administrative guidelines, and are incorporated herein by this reference as if fully set forth.
ARTICLE 44. - STATEMENT OF COMPLIANCE
By signing this Agreement, the Grantee certifies under penalty of perjury under the laws of the State of California, unless specifically exempted, that it has complied with California Government Code §12990 and the California Code of Regulations, Title 2, Division 4, Chapter 5, in matters relating to the development, implementation, and maintenance of a nondiscrimination program.
ARTICLE 45. - BYRD ANTI-LOBBYING AMENDMENT (31.U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000.00 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
ARTICLE 46. - REVISION OF BUDGET AND PROGRAM PLANS (2 CFR 200.308) The approved budget for the Federal award summarizes the financial aspects of the Project or program as approved during the Federal Award process. It may include either the Federal and non-Federal share (see §200.43 Federal share) or only the Federal 24 REVISION 12 12 19 tinat BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
share, depending upon Federal awarding agency requirements. It must be related to performance for program evaluation purposes whenever appropriate.
B. Recipients are required to report deviations from budget or Project Scope or objective, and request prior approvals from Federal awarding agencies for budget and program plan revisions, in accordance with this section.
C. Grantees must request prior written approval from DBW for any of the following deviations of the proposed workplan; as described in attached Exhibit B.
1. Change in the scope or the objective of the Project (even if there is no associated budget revision requiring prior written approval).
Change in a key person specified in the application.
3. The disengagement from the Project for more than three months, or a 25 percent (25%) reduction in time devoted to the Project.
4. The transfer of funds budgeted for tasks defined in the workplan budget.
5. Changes in the approved cost-sharing or matching provided by the Grantee.
6. Need arises for additional funds to complete the Project.
ARTICLE 47. - MANDATORY DISCLOSURES
The non-Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in §200.338 remedies for noncompliance, including suspension or debarment. (See also 2 CFR part 180 and 31 U.S.C. 3321).
ARTICLE 48. - ENHANCEMENT OF RECIPIENT AND SUBRECIPIENT EMPLOYEE
WHISTLEBLOWER PROTECTION
A. This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies established at 41 USC 4712.
Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in 25 REVISION 12.12 19 final BIG Boating Incastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 USC 4712
C. The recipient shall insert this clause, including this paragraph (c), in all subawards and in contracts over the simplified acquisition threshold related to this award ARTICLE 49. - EQUAL OPPORTUNITY CLAUSE
Federally assisted construction Grants. The applicant (Grantee) hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a Grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such Grant, contract, loan, insurance, or guarantee, the following equal opportunity clauses:
1. The Grantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Granting officer setting forth the provisions of this nondiscrimination clause.
2. The Grantee will, in all solicitations or advertisements for employees placed by or on behalf of the Grantee; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3. The Grantee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency Granting officer, advising 26 REVISION 12.12.19 final BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG
CONSTRUCTION AND OPERATION GRANT AGREEMENT
the labor union or workers' representative of the Grantee's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Grantee will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Grantee will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Granting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Grantee's non-compliance with the nondiscrimination clauses of this Grant or with any of such rules, regulations, or orders, this Grant may be canceled, terminated or suspended in whole or in part and the Grantee may be declared ineligible for further Government Grants in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Grantee will include the provisions of paragraphs (1) through (7) in every contract, subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor, subcontractor or vendor. The Grantee will take such action with respect to any contract, subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Grantee becomes involved in, or is threatened with, litigation with a contractor, subcontractor or vendor as a result of such direction, the Grantee may request the United States to enter into such litigation to protect the interests of the United States. 27 REVISION 12 12.19 final BIG Boating Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
A. The applicant (Grantee) further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant (Grantee) so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Grant.
B. The applicant (Grantee) agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency (Department) in the discharge of the agency's primary responsibility for securing compliance.
C. The applicant (Grantee) further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction grants or contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Grantees and contractors by the administering agency or the Secretary of Labor pursuant to Part II, Section D of the Executive order. In addition, the applicant (Grantee) agrees that if it fails or refuses to comply with these undertakings, the administering agency (Department) may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this Grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant (Grantee) under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant (Grantee); and refer the case to the Department of Justice for appropriate legal proceedings.
Subcontracts. Each of Grantee's nonexempt prime contractors or subcontractors shall include the equal opportunity clause in each of its nonexempt subcontracts. 28 REVISION 12.12.19 final BIG Boaling Infrastructure Grant
EXHIBIT A
Grant Agreement C8969491
BOATING INFRASTRUCTURE GRANT (BIG)
CONSTRUCTION AND OPERATION GRANT AGREEMENT
A. Incorporation by reference. The equal opportunity clause may be incorporated by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Deputy Assistant Secretary may designate.
B. Other Incorporation. The equal opportunity clause shall be considered to be a part of every one of Grantee's contracts and subcontracts and all such contracts and subcontracts shall be deemed to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written.
Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings.
29 REVISION 12 12.19 finat BIG Boating Infrastructure Grant Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
Tier 1: Avalon Harbor Club Dinghy Dock and Pier Renovation Project Summary: Avalon Harbor is located on the southeast end of Santa Catalina Island, California and is surrounded by the City of Avalon. The island is 22 miles long and encompasses an area of an area of 76 square miles. It has 62 miles of unspoiled coastline. There are numerous coves for boaters to anchor and enjoy a variety of activities including: camping, diving, fishing, swimming, and other adventures. 86% of the island is owned and managed by the Catalina Island Conservancy whose primary goal is to restore and protect the land in its natural state. The Conservancy has 17 boat-in campsites located at nine different locations around the island.
Recreational boaters may reserve these sites enabling them to anchor their boats and camp ashore. There are several areas the island where moorings are available for recreational boaters to reserve and utilize. The two main harbors being Two Harbors on the west-end and Avalon Harbor on the southeast end.
Avalon has over 360 permanent moorings available for boaters year-round. It is within easy boating distance from all recreational boating centers on the Southern California coast including:
Long Beach (~26 NM), Newport Beach (~27 NM), San Pedro (~25 NM), Marina Del Rey (~38 NM), Dana Point (~33 NM), Huntington Harbor (~25 NM), Oceanside (~50 NM) San Diego (~73 NM) and Santa Barbara (~90 NM). Catalina's stunning beauty and proximity to the south coast's boating centers, make Avalon Harbor a very popular destination for recreational boaters.
Avalon Harbor provides recreational boaters convenient access to nearby public restrooms, shower facilities, restaurants, and shopping. Thousands of recreational boaters visit the harbor each year to enjoy all that it has to offer. A challenge that is faced by boaters is finding a safe place to secure their small tenders when coming ashore. One of the primary areas for securing tenders from recreational vessels greater than 26' in length is the "Club Dinghy Dock".
In the past year, nearly 13,000 vessels have visited the harbor with over 55,000 nights being spent on moorings. The size of these vessels range from under 30 feet to over 100 feet. A large percentage of these vessels bring their own tenders to travel form their moored vessel to the shore. The "Club Dinghy Dock" is a series of docks anchored to the ocean floor, where recreational boaters may safely secure their tenders when coming ashore. Access to the docks from shore, is provided by a bridge and ramp down to the dock.
This vital piece of infrastructure has not had a renovation in over 20 years. Structural issues with the legs and bridge necessitate replacement soon. The five docks that make up the Club Dinghy Dock are also in need of upgrade. As it provides ~50% of the harbor's tender-securing space in- season, it is extremely important for boater access to amenities and the city. The project objectives are: 1. Provide safe and adequate shore access for boaters, 2. Improve facility design making shore access easier and ADA compliant for boaters, and 3. Increase tender-securing capacity within the harbor.
Geographic Location: The Club Dinghy Dock is located in the southwest corner of Avalon Harbor. The coordinates are 33° 20' 46.68" N, 118° 19' 11.99" W.
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
CITY OF AVALON Santa Catalina Island
Boating Infrastructure Grant Application
Tier 1 - State
California Department of Parks and Recreation
Division of Boating and Waterways
August 1, 2023
Applicant
City of Avalor
410 Avalon Canyon Rd.
Avalon, CA 90704-0707
(310) 510-0220 City Hall
(310) 510-2640 fax
[email protected]
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
Project Statement
Need
The Club Dinghy Dock, Avalon Harbor's largest facility for securing tenders from transient. recreational boaters is in need of complete renovation. In 2020, approximately 645,951 boats were registered in California and it can be safely assumed that well over half of these vessels have home-ports in Southern California. Avalon Harbor is one of the primary destinations for boaters visiting the Southern Channel Islands from the ports of Santa Barbara, Oxnard, Marina Del Rey, King Harbor, Los Angeles, Long Beach, Huntington Harbor, Newport Beach, Dana Point, Oceanside and San Diego. Avalon has also been a welcome waypoint for long-distance cruisers who realize that, as they transit the offshore waters of the Pacific coast from Canada southward, Santa Catalina is the only developed Channel Island providing a full range of services to boaters all year long.
From June 30"h of 2022 through June 30" of 2023, Avalon Harbor documented over 13,000 total vessels moored in its waters. This translates to over 55,000 nights stayed on the Harbor's 364 moorings. Assuming that each vessel averages four passengers that translates to over 50,000 boaters visiting the waters of Avalon Harbor. These numbers do not include vessels anchored or moored nearby that access the City through the use of dinghies. In order for many transient recreational boaters to be able to access the facilities and amenities that the City of Avalon provides, they must have a way to secure their tenders when coming ashore. Dock space for dinghies in Avalon Harbor is very limited. The Club Dinghy Dock is a primary facility for securing tenders and vital to meeting this need for transient recreational boaters visiting the Avalon area.
The current condition of the docks and the infrastructure (bridge and ramp) that provides access to the docks is poor. It has been over 20 years since major renovation. The design of replacement infrastructure will include replacing the current bridge/ramp with an 80' gangway to facilitate ADA compliance, decreasing the slope of the current gangway and improving the condition and stability of the docks. All of these will increase and improve the use of this facility by thousands of transient recreational boaters.
Purpose
The purpose of renovating Avalon Harbor's Club Dinghy Dock is to ensure that recreational boaters visiting the Avalon area have a safe and adequate facility to secure their tenders while accessing land-based amenities. The Club Dinghy Dock is one of the primary land access points for the thousands of boaters that visit Avalon during the peak boating season. It is a vital piece of infrastructure for the boating community in and around Avalon. Renovation of this dock is necessary as it has reached the end of its service life. Renovation will also upgrade and improve access to shore for these recreational boaters. This dock provides roughly 50% of the Harbor's tender-securing capacity in-season. As such, it is extremely important to recreational boaters visiting the Harbor. The physical state of the current facility and this vital nature are the motivation for this funding proposal.
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Parl A Avalon Harbor Club Dinghy Dock and Pier Renovation
Objectives
The City of Avalon's overall objective is to meet the needs of the thousands of transient recreational boaters that visit Avalon Harbor cach year by providing a completely renovated facility for boaters to secure their tenders while ashore.
Specific: Improve transient recrcational boater access to shore by replacing the existing Club Dinghy Dock facility (bridge, ramp, pilings and docks) with a design that will be ADA- compliant, allow more dinghies to be secured and provide easier and safer access from the docks Measurable: Bring facility into ADA compliance by installing an 80' shore-to-dock gangway, decrease current ramp angle at mean average low tide and increase dinghy capacity by over 10%, and increase the current 220 linear feet of tender-securing space by at least 10%.
Achievable: Replace existing infrastructure within a six month construction timeframe, and stay within the provided budget.
Relevant: Improve safe, shore access for the thousands of transient recreational boaters that visit one of California's most popular boating destinations, Avalon Harbor, each year.
Timely: Complete entire project within the three year grant window.
Expected Results and Benefits
The proposed project will fulfill the transient boater needs by providing a necessary, convenient and safe facility to secure tenders while ashore. By replacing the current bridge/ramp configuration with a single 80' gangway ADA compliance can be achieved. Renovating the aged Club Dinghy Dock facility (bridge, pilings, ramp and floats) should provide a "useful life" expectancy of 20 plus years, with adequate, routine maintenance. The existing aged Club Dinghy Dock facility has gone over 20 years without major renovation. The new infrastructure, built with a more modern design using modern materials, is expected to age better and have a service life longer than the planned 20 years. The goal is to utilize aluminum and composites in the construction of the new gangway. Marine-grade stainless steel and concrete are planned to be used in the construction of the support legs. The dock complex will be fabricated from a combination of wood, composites and stainless steel hardware using a modular design. The design will focus on increasing strength, safety and useful life.
Renovating the Club Dinghy Dock facility will also provide increased accessibility to shore for boaters through increased dinghy dock space (~10%) and improved design characteristics.
Design will focus on meeting ADA requirements for gangways including a maximum slope of 1:12 (8.33%), maximum ramp length of 80', transition plates, and handrail specifications including the necessity of handrail extensions, handrail height/width/length, and kick-plate specifications. Disembarking handrails on the float complex will be included in the design. Upon completion, the City will NOT charge for dinghy dock space, keeping the access free to and convenient for all who need it. The Avalon Harbor Department (AHD) expects that this will keep the incentive high for the visiting boaters to use the facility, which will benefit Avalon's guests and residents in the long run.
This dock complex is intended for the use of transient recreational boaters. The Harbor Department has a mechanism for preventing storage of dinghies on this facility. There is an ordinance within the Avalon Municipal Code (AMC 10-2.214g) restricting the amount of time
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
that a dinghy may be tied to the dock continuously to less than 72 hours. Harbor Patrol officers routincly place red-tags on dinghy painter lines and recheck them at the 72 hour interval. The tags must be removed to untie the vessel. Dinghies that exceed the 72 hour time limit are impounded and citations are issued to the owner/operator.
According the Catalina Island Chamber of Commerce and Visitors Bureau, the common visitor to the City spends approximately $90 per day. With 13,000 annual visiting vessels and an estimated 4 persons on board each vessel, Avalon's tourism economy benefits by roughly $5 million dollars from the visiting recreational boaters. Better access to amenities for visiting boaters will encourage longer stays and more frequents visits, positively impacting Avalon's economy. This facility is vital for providing shore access to recreational boaters with vessels 26 feet or longer. If this is not available, Avalon Harbor loses almost 50% of its tender-securing capacity during peak season.
Approach
The City of Avalon Harbor Department effectively uses its City-allocated budget funds diligently to keep this facility operating for its most recent twenty-plus year lifespan, in spite of the harsh marine environment and the yearly storms. However, the need for a complete renovation, instead of a mere maintenance overhaul, now exists. This combined with the intent to make this dock ADA-compliant are the reasons that the City of Avalon has decided to file an application with the Department of Parks and Recreation's Division of Boating and Waterways for a Tier 1 Boating Infrastructure Grant.
Currently, this dinghy-dock complex has five modular docks with approximately 220 linear feet of tender-securing capacity. The goal is to increase the linear tie-off footage by at least 10% and increase the overall footprint of the dock complex. This will be achieved by increasing the current size of the modular docks or the number of docks. Another goal is to reduce the current ramp/gangway angle and achieve ADA compliance by replacing current bridge/ramp with a single 80' shore-to-dock gangway. The dock complex can be stored on city property during winter months and the ramp will be able to be raised to protect it during storms.
The City has consulted with contractors and vendors to get preliminary estimates for the costs of an 80' gangway construction, installation of a lifting structure, design and installation of the shore attachment point and the construction of the floats. The city believes that the single 80' ramp design will not only bring ADA compliance but will also keep construction costs down as only two pilings will have to be set for the lifting mechanism and most of the components can be pre-fabricated on the mainland where costs are lower.
• The City proposes to replace the current pier (bridge) and ramp that connects the dinghy docks to shore with a single, ADA-compliant 80' gangway thus decreasing ramp angle and improving boater access. Modern materials and improved design will increase accessibility and safety. • Following federal BIG funding approval, the City will open a competitive bid process for the design and construction of the 80' gangway and floats. It will also open a competitive bid for the installation of the pilings needed for the lifting mechanism.
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
• Although the "in-place" anchors will be used to secure the replacement floats in place, new chains and shackles will be used to connect the floats to their anchors. • The City proposes to replace the current four pilings (legs) that currently support the pier (bridge) with two legs to support the ramp-lifting mechanism. The current pilings have significant wear and corrosion and are in need of replacement.
• The City proposes replacing the dinghy dock float complex, right now a series of five floats, with new replacements. Design will focus on improving access and safety. Handrails to assist boaters exiting tenders will be installed.
• Prior to project start-up, the City will obtain all required local, state, and federal regulatory permits. Post-renovation, the City will manage and maintain the Club Dinghy Dock facility for its useful life (minimum 20 yrs.).
• Following federal BIG funding approval, the City will open a competitive bid process for the removal and disposal of existing infrastructure.
• Following the completion of the project, a post-renovation inspection will take place to assur hat all aspects of the project have been completed as per the scope of the approved gran • The City will proudly display Federal Assistance/U.S. Fish and Wildlife - Sport Fish Restoration Program/CA Department of Parks and Recreation, Division of Boating anc Naterwavs siens indicatine the source of funding for the project.
Project Timetable
1. Renovation Plans Began: January 2021
2. Apply for B.I.G. Funding: August 2023
3. B.I.G. Funding Awarded: March 2024
4. Renovation Plans Completed: April 2024
5. Present Plans to Local Building Dept.: May 2024
6. Summer Boating Season May 28 - September 3, 2024
7. Project Bid: June 2024
8. Award Bid: August 2024
9. Begin Renovation: October 2024
10. Complete Renovation: May 2025
Appropriately, the renovation itself is scheduled to begin in October 2024, during "off season," when the dinghy dock usage is at its lowest. The pier (bridge) will be replaced with an 80' ADA-compliant ramp/gangway from the shore to the dinghy dock complex. In the design and
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
engineering phase, particular attention will be focused on providing adequate width to sufficiently accommodate foot traffic to and from the dock complex. This phase will also be guided by ADA specifications for gangways that call for a slope of less than 1:12 (8.33%) and/or a maximum ramp length of 80 feet. The ramp/gangway that connects the dock complex to the shore will be designed and engineered to improve access and safety. Widening and lengthening the ramp will improve boater access from the dock complex to the shore. Construction of the ramp will be done on the mainland and it is expected to be fabricated primarily out of aluminum.
The design will include an aggressive slip-resistant decking tread to improve safety The shore attachment points for the new gangway will also have to be replaced with an improved design using modern materials. The design and engineering phase of this section will focus on safety, improved functionality and longevity.
The dock complex is currently made up of five modular docks. Goals of the design of the new dock complex include: increasing capacity by over 10%. This will be accomplished by increasing linear tie-off space and the dock-complex footprint. Safety will be addressed by, installing larger morc stable docks, replacing the currently worn docks and hardware, increase accessibility by adding climb-out handrails for boaters.
Renovation is scheduled to be completed by May 2025, which is when the recreational and transient boating begins to pick-up. This will give Avalon Harbor time to fine-tune the facility before the official start of the summer recreational boating season on Memorial Day, 2025. The City is well aware that being able to maintain this renovation schedule is contingent upon the
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
Budget
Boating Intrastructore Grant Budget Worksheet
ib. Corts Not Allowable for
icEligibie Project Costs d. Match (cash ar in- Indicate If Match Is cash Participation (prorate for
(columna a minus column b) or in-kind
a. Item Cost Ineligible use)
Item Description" 8,000.00 | 5. 32,000.00 8,000.00 cash 40,000.00 i S
Design Engineering. 8,000.00 • 5 32,000.00 S 8,000.00 cash 40,000.00
Permitting 30,000.00: 5. 120,000.00 30,000.00 cach
150,000.00 cash
Gang/ey (Ramp) 14,000.00: 56,000.00 [S 14,000.00
70,000.00
Foundation (Abutment and Piles) 48,000.00 12,000.00 cash 60,000.00 12,000.00 $
(Erect Structure 12,000.00 1,000.00 cash
15,000.00 3,000.00
Construction Mgt/Inspection 20,000.00 1$ 80,000.00 70,000.00 cash 100,000.00
'Float Complex (base and 4 exten
5,000.00 20,000.00 5,000.00 cash
25,000.00
Contingency
501, 000.00 5 100,000.00 400,000.005.. 100,000.00
TOTAL:
Maximum Eligible r ederel Assistance (75% of Caluen 'z." TOTAL, shall not exceed $300,000 for Tier 1 er $1.500,000 for Tier 300,000.00
Minimum Required
300,000.00 Match Offered: 200,000.00 Match: 100,000.00
Federal Assistance Requested: mental compliance", etc. for construction items, Identity the recuested finished components, for example "demolition", "docks", "alies". "Yengways", "tuays", "dredgine", 4lc. In the event thet additional clerlty would autist the reviewers, you may include further detail seperataly. Mease ensure that the Budert •tem Description - for salt costs, keee descriptions brand, such an 'engineering, "permitting", "Inspectian", "environ Narrative and all Budget Wordshed sane
Budget Narrative
Total eligible project costs are estimated at $400,000 and are set forth in in the budget worksheet provided above. The City of Avalon is requesting a Tier 1 (State) Boating Infrastructure Grant in the amount of $300,000 which represents 75% of the eligible project costs. The City, through о 40% of the total project costs and 39% of grant eligible costs to renovate this facility. This 17100, 080 the Avalon Harbor Department Capital Improvement Budget, will contribute up to $200,000 or budget includes a 20% proration factor to compensate for the potential use of the facility by tenders to non-grant eligible vessels, those less than 26 feet in length.
The methods used to determine costs and project activities included consultation with the City of Avalon Public Works Director (Bob Greenlaw), the City-retained Engineering consultant (Michael Thomas), private contractors/vendors (Topper Industries, Jilk Heavy Construction, Diversified Composites and Catalina Boatyard Inc.), Avalon City Building Inspector (Jon Gilbert) and Avalon Harbor Maintenance Supervisor (Philip Hernandez). Preliminary schematics and plans were drawn up two years ago by Triton Engineering Inc. and are included in Exhibit A. However, in order to meet ADA compliance the currently designed bridge/pier will be replaced by an 80' gangway down to the dock complex. Consequently, this design will be This facility is used almost exclusively for tenders to recreational boats recreational boaters that will tender back and forth to vessels greater than 26' in length. Any use by recreational boaters with vessels smaller than 26' in length is negligible. A proration factor of 20% has been added to hose less than 26' in length. This infrastructure is vital to recreational boaters staying in Avalos he budget to account for the limited use of this facility by tenders to grant-ineligible vessels Harbor. The City is fully-committed to the completion of this renovation
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
Useful Life
Although the "useful design life" will be determined by the design engineering team, the City can reach a more practical "useful life" appraisal by understanding, experientially, the detrimental effect of the harsh marine environment and of southeast storms. The last renovation lasted over 20 years. The City expects the useful life of this renovation, with more modern engineering and materials, will be a minimum of 20 years. This component will be discussed with the Department of Boating and Waterways and updated in the grant prior to submittal, if awarded
Permits/Environmental/Regulatory Compliance
The City has already had preliminary plans drawn up for this project. However, those will be modified for ADA compliance. Potential permits required for this project include: Coastal Development Permit, U.S. Corps of Army Engineers Nationwide Permit, Regional Water Quality Board Permit and a local building permit. Consultations with California Fish and Wildlife and U.S. Fish and Wildlife Service will be completed. It is believed that this project will receive a categorical exemption from CEQA. However, the technical studies and research will be completed. Although the City does not suppose that any U.S. Fish & Wildlife Service (FWS) or NOAA Fisheries permits will be needed due to this project being a "renovation" of an existing facility, these organizations will be contacted to make sure that is the case.
The ramp/gangway and replacement floats will be constructed "off-island", transported to and installed at the exact location of the former facility. The weights used to anchor the new floats will be the existing mooring weights. This replacement type of renovation was chosen, in part, because it would not cause any new or additional detrimental effect or stress on local marine species. Eelgrass is not present at this site. There are no endangered species or fisheries involved, and local marine mammals, especially California Sea Lions (Zalophus californianus) and Harbor Seals (Phoca vitulina), do not frequent the Harbor due to high density boat traffic.
The City does not anticipate any conflicts with the Endangered Species Act, the National Historical Preservation Act, National Environmental Policy Act or the Bald and Golden Eagle Protections Act. As mentioned carlier, the Americans with Disabilities Act will guide the final design and construction process. City personnel are looking into whether a local coastal permit from the California Coastal Commission is necessary. All appropriate and necessary permitting will be obtained prior to the start of renovation.
Relationship to Other Grants
treatment system. It has also provided a reliable source of freshwater for recreational boaters staying in Avalon Harbor.
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
RESPONSE TO RANKING CRITERIA
1. Will the proposed boating infrastructure meet a need for more or improved facilities? Yes. Avalon Harbor has a demonstrated need for transient dockage for tenders being used by recreational boaters moored within the Harbor itself or anchored in the nearby vicinity. Avalon Harbor has 364 moorings, ranging in size from 30' to over 100', and a city anchorage that are extremely popular year-round but especially in the boating season from May through October.
From June 30th of 2022 through June 30" of 2023, the harbor recorded almost 13,000 vessels picking up moorings. Total nights stayed was over 55,000 nights during this period. Assuming four passengers per vessel that equates to over 50,000 boaters accessing harbor waters and facilities. A large percentage of these users bring their own tenders (dinghies) to get from their moored vessel to shore.
Avalon Harbor is by far the largest, full-service harbor on Catalina Island. It is a very popular destination for recreational boaters from all harbors between San Diego and Santa Barbara. It offers access to recreational boating amenities, necessities and services. One of the biggest issues faced by recreational boaters visiting the harbor is tender-securing space while coming ashore.
This issue has only increased in recent years with the increase in the numbers of recreational boats in Southern California.
Dinghy dock space in Avalon Harbor is limited. This is the most often heard complaint from boaters. In season, there are four dinghy docks available to boaters. The largest of these being the "Club Dinghy Dock" which can currently accommodate approximately 50 dinghies. It has been over 20 years since this dock complex had a major renovation. It is currently aged and in need of replacement and modernization. The design of the replacement facility will focus on ADA compliance and improving boater access to shore by increasing capacity and safety.
2. Will eligible users receive benefits from the proposed boating infrastructure that justify the cost of the project?
Yes. Recreational transient boaters will benefit from this project by having increased access to safe areas to secure their dinghies while coming ashore. Currently, dinghy dock space during the peak boating season is limited. Boaters frequently have difficulty find a safe place to tie off to when coming ashore from their moored vessels. This issue is one of the most frequent complaints received by the Avalon Harbor Department.
Goals of the Club Dinghy Dock and Pier Renovation include making the facility ADA-compliant with an 80' decreased-slope gangway, increasing tender capacity by over 10%, improving ease of access, and improving overall safety for boaters by upgrading the currently aged facility. The increased capacity will be achieved by increasing the linear space for tender-securing and by increasing the overall footprint of the dock complex.
Costs for materials and labor on Catalina are significantly higher than on the mainland. abrication of the gangway and floats will primarily be done on the mainland to keep onstruction costs down. Components will be transported to the island by commercial vendor. 1 Page 10 of 29
Grant Agreement #C8969491
Exhibit B - Part A
City of Avalon, Santa Catalina Island
Avalon Harbor Club Dinghy Dock and Pier Renovation
Though transportation costs will be part of the total project cost, they will be significantly less than if components were constructed on island. Installation of the new equipment will be done by a combination of City employees and private contractors. The current Club Dinghy Dock has had a service life of over 20 years. The new facility will easily exceed that scrvice life.
3. Will the proposed boating infrastructure accommodate boater access to significant destinations and services that support transient boater travel? Yes. Santa Catalina Island is an extremely popular haven for recreational boaters in Southern California. It is frequently listed by boating publications as a top destination for both power boaters and sailors. It offers a diverse and unique variety of activities for recreational boaters including fishing, diving, hiking, biking, camping, golf, and tourism activities.
Avalon Harbor is by far the most popular harbor on the island for recreational boaters for a variety of reasons. Between 13,000 and 20,000 recreational vessels visit the waters of Avalon Harbor each year. It offers a safe and beautiful place to moor vessels ranging in size from under 30 feet to over 100 feet in length. It offers all the amenities and necessities required by recreational boaters including; fuel, groceries, freshwater, pump-out services, medical care, emergency services, post office, pharmacy, leisure and tourism activities. All of these are within walking distance for most recreational boaters. Avalon is also a harbor of safe refuge during weather events.
The current Club Dinghy Dock is in need of major renovation and upgrade. This renovation aims to provide ADA compliant shore-access for boaters. This project will replace and improve existing infrastructure to increase access and safety for recreational boaters coming ashore in their own tenders to use the above mentioned amenities and necessities.
4. Will the proposed project include private, local, or State funds greater than the required minimum match? 15:00,000 ₴ 25%0 R
Yes. The City will provide matching funds up to $200,000, which is the equivalent to 50% of the total eligible project costs. The City has included contingency into the budget to account for cost overruns. The Club Dinghy Dock is a vital piece of infrastructure for the boating community in Avalon. The City is fully committed to the completion of this project. Please reference the budget worksheet and narrative.
5. Will the proposed project include contributions by private or public partners that contribute to the project objectives?
Not at this time. The matching contribution will be provided solely by the City of Avalon out of
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B- Part A C Avalon Harbor Club Dinghy Dock and Pier Renovation
6. Will the proposed project include physical components, technology, or techniques that improve eligible user access?
Yes. The project consists of replacing a pier (bridge), support legs, ramp, and the dock complex itself. The Club Dinghy dock is used by recreational boaters to secure their tenders, 14' and under in length, while ashore. During design and engineering, the goal will be to improve boater access by replacing the current bridge/ramp configuration with an 80', ADA-compliant ramp/gangway from the shore down to the dock complex. By making these changes, the goal is to increase the width of these structures and decrease the angle of the ramp at low tide. This will allow boaters to more easily access shore and necessary amenities. In the design and engineering of the dock complex, the goal will be to increase tender capacity by over 10% primarily by increasing the linear tie-off length in the dock complex. The overall footprint will also increase providing a safer facility for boaters. This will allow more dinghies to be secured safely during peak usage. Included on the dinghy dock will be assistance-handrails to make exiting tenders safer and easier for those that want to use them.
7. Will the proposed project include innovate physical components, technology, or techniques that improve the BIG-funded project?
The materials used will depend on the design and engineering phases. However, the goal is to utilize modern materials and design for all components. Wherever possible, the use of recycled materials will be incorporated minimizing environmental impact. The ramp and pilings will utilize a combination of steel, aluminum and concrete. Decking surfaces will consist of modern slip-resistant materials and design.
The dock complex utilize modular, pre-fabricated docks made out of a combination wood, steel, and composite materials. They will be designed and installed in such a way as to maximize the number of dinghies that can be secured. The goal is to increase tender-securing capacity by over 10%. The current mooring weights will be used to secure the float complex to the ocean floor. So there will be minimal impact on marine life during installation.
Using modern materials and construction techniques, the upgraded facility will have an expected useful life of well over 20 years. This will provided safe and secure shore access for thousands of recreational boaters each year.
8. Has the facility where the project is located demonstrated a commitment to environmental compliance, sustainability and stewardship and has an agency or organization officially recognized the facility for its commitment? The City of Avalon has demonstrated a commitment to environmental stewardship. The City has taken numerous steps to improve and protect the marine environment. The Avalon Harbor Department has a mandatory dye-tabbing program for boats mooring within the harbor. Every boat that has a holding tank must have a dye tablet placed in it by a Harbor Patrol Officer. This enables officers to detect and deal with any potential discharges from boat holding tanks. There is a zero-tolerance policy for discharges within Avalon Harbor. Consequences for discharge include citation, fine and a one calendar year exclusion from mooring the vessel within the inner harbor of Avalon.
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
The City has also invested millions of dollars into land-based effluent transport and treatment. A long-term project to line and upgrade sewer pipes throughout the City was undertaken several years ago. The City has also invested in upgrades to its wastewater treatment plant that has resulted in a safer and more efficient process of handling effluent. These efforts have resulted in substantial improvements of the marine water quality in Avalon Harbor. In the most recent Heal the Bay Beach Report Card, Avalon Harbor received straight "A's for water quality The City of Avalon is currently upgrading its system for dealing with trash, recycling and organics. A large emphasis, effort and financial commitment has been made to increase the recycling and organics streams in an effort to reduce the amount of material going into the City's landfill.
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
Location/Drawings/Maps/Photographs
The project will be located in Avalon Harbor, the waterfront portion of the City of Avalon on Santa Catalina Island, in the County of Los Angeles, California. Avalon Harbor is located approximately 26 miles off of the coast of Southern California. This area is one of the most densely populated areas in the United States. It is home to a large recreational boating population. The Club Dinghy Dock is located in the southwest corner of Avalon Harbor, along Casino Way, Avalon, CA 90704. It is located between the Tuna Club and the Catalina Island Yacht Club, hence the name "Club Dinghy Dock". The coordinates are 33° 20' 46.68" N, 118° 19' 11.99" W.
Maps of Project Location
type latitude longitude
DD 33.3463 - 118.32
DMSN 33° 20'46.68"W 46.68"W 118° 19'11.999' : Redondo
Bisc
Seaport
Village Inn
Club Dinghy
Islael Spai Long
Bepch
Catolina Dock
Newpor
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SLAND Dona Palme b
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AVALON LOCATION MAR
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Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
Existing Structures and Facilities
Existing Pier (bridge) and Dock Complex
CẤUT
WATCH YOUR BY
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
Existing Pier (bridge), Pilings, and Dock Complex
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
Current Usage by Tenders to Grant Eligible Vessels
Aerial View of Avalon Harbor Filled with Grant Eligible Recreational Vessels
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
Tenders to Grant-Eligible Vessels Secured to Dinghy Dock
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
Nearby Amenities for Recreational Boaters
Descanso
Beach Club
CHIMES TOWER RO Avalon Theatre
Zane Grey
Pueblo Hotel •Club Dinghy Dock
@ Avalon Beach
Catalina
Coffee & Bluewater Grill
Cookie Co
• Hotel Atwater
Hotel St. LaurenC
O Vons
OMt /
•Holiday Inn
• Trans-Catalina
Trail
1 K
ON RD A Catalina Island
Golf Course
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
Avalon Fuel Dock with Boating Supplies
Public Showers and Restrooms at the Base of Club Dinghy Dock Pier PUBLIC
SHOWERS
3.00 .
FACINTIES
SHOWERS
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
Exhibit A
Preliminary Plans for Club Dinghy Dock and Pier Renovation
VICINITY MAP SITE MAP
NORTH NORTH
IRHIN ESC
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
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Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
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Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
Avalon City Officers
The City of Avalon is the initial legally responsible entity for this renovation project, under Section J.I(i) of Order No. 2006-0003. In accordance with Section J.1(i) of Order No. 2006- 0003, the designated responsible person for the City is the City Manager. The key personnel at the City and organizational description are provided below. • Mayor and City Council: The Mayor and City Council are responsible for setting City policy, adopting all ordinances, resolutions and minute orders, and appropriating funds necessary to implement the Club Dinghy Dock renovation.
The Mayor is Ann Marshall ([email protected]).
The City Council Mayor Pro Tem is Michael Ponce ([email protected]).
The City Council Members are:
Yesenia De La Rosa (ysdelarosa(@cityofavalon.com).
Lisa Lavelle [email protected]).
Mary Schickling (mschickling(@cityofavalon.com).
• City Manager: The City Manager serves as the administrative head of the City and runs the day-to-day operations of the City, and is ultimately responsible for the Club Dinghy Dock Renovation.
The City Manager is David Maistros ([email protected]). • Assistant City Manager: The Assistant City Manager is responsible for assisting the City Manager in the day-to-day operations of the City.
The Assistant City Manager is Jocelyn Francis ([email protected]). • City Attorney: The City Attorney is responsible for providing legal advice to the City, through the City Council and City staff. The City Attorney is responsible for framing all ordinances necessary to implement the Club Dinghy Dock.
The City Attorney is Scott Campbell ([email protected]). • Director of Harbor Patrol (Harbor Master): The Harbor Master is responsible for the daily operation and security of the Waste Pump-out/Water Fill-up Station. The Harbor Patrols the harbor and its various facilities 24 hours per day, 7 days a week, 365 days a year. The Harbor Patrol personnel will be first responders to any problem aboard boats or at any of the service facilities. The Harbor Master has ultimate authority in all daily Harbor operations.
The Harbor Master is Orne Carstarphen (ocarstarphen(@cityofavalon.com). • Director of Public Works: The Director of Public Works (DPW) is responsible for constructing, maintaining, and enhancing public facilities, programs and infrastructure. The DPW plays a key role in the Club Dinghy Dock and Pier Renovation project, including the obtaining of necessary permits and adherence to the regulatory process.
The DPW is Bob Greenlaw ([email protected]).
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
Operational Chart
OWNER
City Of Avalon
City Council
• Adopt and approve plan for Club Dinghy Dock
Renovation Project
• Funding and approval of Boating Infrastructure Grant.
City Manager
• Recommend approval/resolution of the Boating
infrastructure Grant.
Planning Consultant City Attorney
• Possible addition of City-retained engineering • Club Dinghy Dock Renovation Project legal consultants.
Operations & Maintenance
Harbor Master Director of Public Works
• Daily responsibility of monitoring the renovation • Foreman of the Club Dinghy Dock and Pies and daily functioning of the Club Dinghy Dock and Renovation and maintaining its proper functionin Pier Renovation once in service.
Grant Agreement #C896949
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
City of Avalon
Santa Catalina Island
Septomber 15 2023
Catfornia State Parks
Division of Boating and Watonways
Attn Ethan Tratner
4940 Lang Avenue, Dock H
Loan and Grants. Floor 12
McClellan CA 95652
re City of Avalon Grant Applicaton to California Division of Boating and Walerways Dear Mr Trainer.
On behalf of the City of Avalon, I would like to submit this letter of financial commilment for the planned construction project to replace the Caly's Club Dinghy Dock pier, pilings, ramp, and dack complex. The gonl of this project is to replace the current aged and worn infrastructure with a renovated dock Capital Improvement Budget
There is no doubl this project will enhance our community and improve pubbc shore-access for recreational boaters
Thank you for your time and consideration of the City's request for funding Please do not hesitate lo contact me if you have any questions or would like more informaton Sincerel
Alilit
David M. Maisiros
City Manager
Administrator/ Fire Sheparsmen Mannoyy Baltding
Capital Impanesen
Ashu CHON
tute CaMer
/as 31030000520 Kin 31050. Cal
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
LLLSAM.GOV
Entity Workspace Results 1 Total Results
AVALON, CITY OF
Unique Entity ID: KSB2GT155AB1 Doing Business As: Expiration Date:
Physical Address: Jan 05, 2024
CAGE/NCAGE: 46ZE2
Entity Status: Active Registration 410 AVALON CANYON RD Purpose of Registration:
AVALON, CA Federal Assistance Award:
90704-0000 USA
* 31, 2023082319 M GAT
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
Resolution of the City Council for the Boating Infrastructure Grant (Tier 1) RESOLUTION NO. 23-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON APPROVING THE
SUBMITTAL OF AN APPLICATION FOR FUNDING FROM THE STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION DIVISION OF BOATING AND WATERWAYS
FOR THE TIER I BOATING INFRASTRUCTURE GRANT
WHEREAS. The Cry of Avalon has the authority to construct, operate and mainlain the public docks within the City of Avalon, and
HEREAS, The City of Avalon is requesting a grant from the Division of Boating and Vaterways Tier | Boating Infrastructure Program, and
¡EREAS, The City of Avalon desires to renovate and replace the Club Dinghy De luding the pier, plimos, ramp and dock complax. a
WHEREAS, Improvements wil meet the needs of users and improve shore access fo ecreationat beaters us-ng Avalon Harbor therefore
BE IT RESOLVED by the City of Avalon that. pursuant and subject to all of the terma and provisions of the Boating Infrastructure Grant program, an appl.cation will be submited 1o the Stale of Caltoria: Department of Parks and Recreation. Division of Boating and Waterways for funding, and
BE IT FURTHER RESOLVED the City Manager, or his designee, is horoby aulhorized and ducted to cause the necessary dale to be prepared and applicallan be signed and fied with the Division of Boating and Waterwaye.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Counci of the City of Avalon this 15™ day of August. 2023, by the following vole AYES: Mayor Marshall, Councimembers De La Rosa, Lavelle Ponce and Schicking NOES: None
ABSTAIN: None.
ABSENT: None
Inn H Marshall, Mayor
Cily of Avalon
ATTEST:
Gabrielle Morones
Deputy City Cler/Sr Administrative Assisiant
Cily of Avalon
Grant Agreement #C8969491
City of Avalon, Santa Catalina Island Exhibit B - Part A Avalon Harbor Club Dinghy Dock and Pier Renovation
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF AVALON
I, GABRIELLE MORONES, DEPUTY CITY CLERK OF THE CITY OF
AVALON, do hereby certify that the foregoing is a true and torrect copy of Resolution No 23-27 and was duly passed, approved, and adopted by the Avalon City Council at the regular meeting of August 15, 2023 by the following Ayes: Mayor Marshall, Councilmembers De La Rosa, Lavelle, Ponce, and Schickling Noes: None.
Absent: None
Abstain. None.
and that the same has not been amended nor repealed
Dated this August 29, 2023.
Gabrielle Morones, Deputy City Clerk
City of Avalon, California
Table Of Contents
Applicant: Parks And Recreation, California Department of Application Number: FWS-WSFR2023018042
Project Title: Avalon Harbor Club Dinghy Dock Renovation Status: Submitted
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Additional Information to be Submitted
Online Forms
1. Other
2. Project Narrative
• (Upload #1): Avalon DD Project Statement
3. Project Abstract Summary (Version 2.0)
4. SF-424 Application for Federal Assistance (Version 4.0)
5. SF-424A Budget Information - Non-Construction
6. SF-424C Budget Information - Construction Programs
7. SF-LLL Disclosure of Lobbying Activities (Version 2.0) Note: Upload documents) printed in order after online forms.
Disclosures
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OMB Number: 4040-0019
Expiration Date: 02/28/2025
Project Abstract Summary
available to public websites and/or databases including USAspending.gov. * Funding Opportunity Number
F24AS00386
CFDA(s)
15.622
• Applicant Name
Parks And Recreation, California Department of
* Descriptive Title of Applicant's Project
Avalon Harbor Club Dinghy Dock Renovation
* Project Abstract
The Avalon Harbor Club Dinghy Dock is one of the primary land access points for transient vessels visiting the City of Avalon and currently provides 50 percent of the harbor's tender-securing capacity. The proposed project to replace the 20- year old facility, will provide safe land access for boaters, comply with ADA requirements, and increase capacity of the dock by approximately 10 percent.
OMB Number: 4040-0004
Expiration Date: 11/30/2025
Application for Federal Assistance SF-424 Version 04
* 1. Type of Submission: *2. Type of Application: • If Revision, select appropriate letters):
•Preapplication • New
Application • Continuation * Other (Specify)
Changed/Corrected Application Revision
* 3. Date Received: 4. Applicant Identifier:
09/18/2023
5a. Federal Entity Identifier: * 5b. Federal Award Identifier:
State Use Only:
6. Date Received by State: 09/18/2023 7. State Application Identifier:
8. APPLICANT INFORMATION:
•a. Legal Name: Parks And Recreation, California Department of *b. Employer/Taxpayer Identification Number (EIN/TIN): c. UEl:
680303606 VY39GJE3DQG1
d. Address:
• Street: 715 P St
Street2:
• City: Sacramento
County:
• State:
California
Province:
• Country: UNITED STATES
* Zip / Postal Code: 95814-6408
e. Organizational Unit:
Department Name: California Department of Parks and Recreation Division Name: Boating and Waterways
1. Name and contact Information of person to be contacted on matters involving this application:
Prefix: Mr. * First Name: Ethan
Middle Name: Connor
* Last Name: Tratner
Suffix:
Title: Park and Recreation Specialist
Organizational Affiliation:
*Telephone Number: 916-902-8823 7 Fax Number: [
*Emall: [email protected]
OMB Number: 4040-0004
Expiration Date: 11/30/2025
Application for Federal Assistance SF-424 Version 04
9. Typo of Applicant 1: Select Applicant Type:
State Government
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
* Other (specify):
* 10. Name of Federal Agency:
DOI-US Fish and Wildlife Service
11. Catalog of Foderal Domestic Assistance Number:
15.622
CFDA Title:
Sportfishing and Boating Safety Act
* 12. Funding Opportunity Number:
F24AS00386
* Title:
F24AS00386 - FY 2024 - Sportfishing and Boating Safety Act - BIG Tier 1
13. Competition Identification Number:
F24AS00386
Titte:
F24AS00386 - FY 2024 - Sportfishing and Boating Safety Act - BIG Tier 1
14. Areas Affected by Project (Cities, Counties, States, otc.):
• 15. Descriptive Title of Applicant's Project:
Avalon Harbor Club Dinghy Dock Renovation
Attach supporting documents as specified in agency instructions.
OMB Number: 4040-0004
Expiration Date: 11/30/2025
Application for Federal Assistance SF-424 Version 04
16. Congresslonal Districts Of:
*a. Applicant 07 *b. Program/Project: 47
Attach an additional list of Program/Project Congressional Districts if needed.
17. Proposed Project:
*a. Start Date: [07/01/2024] * b. End Date: 07/01/2027
18. Estimated Funding ($):
• a. Federal 300000
• b. Applicant 100000]
• c. State
• d. Local
• e. Other
* f. Program Income 0
*g. TOTAL 400000
* 18. Is Application Subjøct to Review By State Under Executive Order 12372 Process? •a. This application was made available to the State under the Executive Order 12372 Process for review on Ob. Program Is subject to E.O. 12372 but has not been selected by the State for review. •c. Program is not covered by E.O. 12372.
* 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) Ores • NO
O•I AGREE
** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions.
Authorized Representative:
Prefix: MS. • First Name: Deborah
Middle Name:
• Last Name: Holmes
Suffix:
• Title: Staff Services Manager I
•Telephone Number: 916-516-6067 Fax Number: (
• Email: [[email protected]
• Signature of Authorized Representative: [Deborah Holmes * Date Signed: 09/18/2023 Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A-102
OMB Number: 4040-0004
Expiration Date: 11/30/2025
Application for Federal Assistance SF-424 Version 04
* Applicant Federal Debt Delinquency Explanation
OMB Approval No. 4040-0008
BUDGET INFORMATION - Construction Programs Expiration Date 02/28/2025 NOTE: Certain Federal essistance programs require adilonel computations to arrive el the Federal share of projeci co/s eligible for participation. I such is the case, you wilt be noried.
COST CLASSIFICATION a. Total Cost b. Costs Not Allowable c. Total Allowable Costs for Participation (Columns a-b
1. Administrative and legal expenses 0.00 0.00 0.00
2. Land, structures, rights-of-way, appraisals, etc. 0.00 I$ 0.00
0.00 Relocation expenses and payments 0.00 0.00 0.00
Architectural and engineering fees 80,000.00 16,000.00 $ 64,000.00
5. Other architectural and engineering fees 0.00 0.00 0.00 Project inspection fees 15,000.00 3,000.00 12,000.00
Site work 0.00 0.00 0.00
Demolition and removal 0.00 0.00 0.00
Construction 380,000.00 76,000.00 304,000.00
10. Equipment I$ 0.00 0.00
0.00 11. Miscellaneous 0.00 0.00 $ 0.00
SUBTOTAL (sum of lines 1-11) 475,000.00 $ 95,000.00 $ 380,000.00
13. Contingencies $ 25,000.00 .00 20,000.00
14. SUBTOTAL 500,000.00 100,000.00 400,000.00
15. Praject (program) income 0.00 0.00 $ 0.00
16. TOTAL PROJECT COSTS (subtract #15 from #14) 500,000.00 100,000.00 400,000.00
FEDERAL FUNDING
17. Federal assistance requested, calculate as follows:
(Consull Federal agency for Federal percentage share.) Enter eligible costs from line 16c Multiply X_ 75 $ Enter the resulting Federal share. 300,000.00
Previous Edition Usable Authorized for Local Reproduction Standard Form 424C (Rov. 7-97) Prascribed by OMB Circular A-102
Upload #1
Applicant: Parks And Recreation, California Department of Application Number: FWS-WSFR2023018042
Project Title: Avalon Harbor Club Dinghy Dock Renovation Status: Submitted
Document Title: Avalon DD Project Statement
Grant Agreement C8969491
General Terms and Conditions (GTC 02/2025)
EXHIBIT C
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand
Grant Agreement C8969491
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.
Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
Grant Agreement C8969491
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
Grant Agreement C8969491
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
The contractor recognizes the importance of child and family support of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION
REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § Grant Agreement C8969491
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
21. GENERATIVE AI DISCLOSURE OBLIGATIONS:
a. The following terms are in addition to the defined terms and shall apply to the Contract:
1) "Generative Al (GenAl)" means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)
b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAl as a deliverable to the State; or (2), intends to utilize GenAl, including GenAl from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term "materially impacts" shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAl.
C. Notification shall be provided to the State designee identified in this Contract.
d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAl that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State.
e. if the use of previously undisclosed GenAl is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAl Special Provisions into the Contract, at no additional cost to the State. f. The State, at its sole discretion, may consider Contractor's failure to disclose or discontinue the provision or use of GenAl as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.
EXHIBIT D Grant Agreement #C8969491
CCC 04/2017
CERTIFICATION
1, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective GRANTEE to the clause(s) listed below. This certification is made under the laws of the State of California.
GRANTEE/Bidder Firm Name (Printed) Federal ID Number
City of Avalon 95-6000669
By (Aurhorized Signature
rela
Printed Name and Title of Person Signing
David M. Manstros, City Manager
Date Executed Executed in the County of
6/3/2025 Los Angeles
GRANTEE CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: GRANTEE has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: GRANTEE will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace:
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and GRANTEE may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the GRANTEE has made false certification, or violated the EXHIBIT D Grant Agreement #C8969491
certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: GRANTEE certifies that no more than one (I) final unappealable finding of contempt of court by a Federal court has been issued against GRANTEE within the immediately preceding two-year period because of GRANTEE's failure to comply with an order of a Federal court, which orders GRANTEE to comply with an order of the National Labor Relations Board. (Pub.
Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50.000 OR MORE- PRO BONO REQUIREMENT: GRANTEE hereby certifies that GRANTEE will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, GRANTEE agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: GRANTEE hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATEREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The GRANTEE agrees to cooperate fully in providing reasonable access to the GRANTEE's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial 2 EXHIBIT D Grant Agreement #C8969491
Relations, or the Department of Justice to determine the GRANTEE's compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts of $100,000 or more, GRANTEE certifies that GRANTEE is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of $100,000 or more, GRANTEE certifies that GRANTEE is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: GRANTEE needs to be aware of the following provisions regarding current or former state employees. If GRANTEE has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent GRANTEE with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state If GRANTEE violates any provisions of above paragraphs, such action by GRANTEE shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) 3 EXHIBIT D Grant Agreement #C8969491
2. LABOR CODE/WORKERS' COMPENSATION: GRANTEE needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and GRANTEE affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: GRANTEE assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. GRANTEE NAME CHANGE: An amendment is required to change the GRANTEE's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
S. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the GRANTEE shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity. 4 CITY OF AVALON CITY COUNCIL
AGENDA ITEM: 4
MEETING DATE: July 15, 2025
ORIGINATING DEP: Administration CITY MANAGER: fUM
PREPARED BY: Aliana Gonzales, Administrative Analyst
SUBJECT: Public Hearing to Receive Comment on the City's FY 25-26 Permanent Local Housing Allocation Program
RECOMMENDED ACTION(S): 1. Open the duly noticed Public Hearing and receive comment.
2. Close the Public Hearing. 3. Approve the City's estimated FY 25-26 Permanent Local Housing Allocation Program award of $13,969. 4. Adopt a resolution authorizing the allocation of Permanent Local Housing Allocation (PLHA) Funds for Fiscal Year 25-26.
REPORT SUMMARY: This is the first time that the City of Avalon has participated in the Los Angeles County Community Development's Permanent Local Housing Allocation Program. Per the terms of the PLHA Program, the City provided a 30-day public notice for members of the public to submit public comment in advance of a public hearing to review the City's intended use of the funds. No comments were received.
For Fiscal Year 2025-2026, it is estimated the City will receive $13,969.00 in federal PLHA Program Funds. The City plans to allocate this funding to its existing Phase I Workforce Housing Project for pre-construction design, engineering, and planning services costs.
The scope of the proposed work is to construct workforce housing on the City Hall campus to better serve the community by providing year-round housing for local residents.
GOAL ALIGNMENT: Infrastructure improvements.
FISCAL IMPACTS: PLHA Funds do not require a local match, but will impact the General Fund. Expenditure Code No. 10250-6547.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not be eligible for PLHA Funds.
FOLLOW UP ACTION: Send Public Hearing Documents to the LACDC for approval and contract issuance.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: Resolution and Public Notice.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON, CALIFORNIA, AUTHORIZING THE ALLOCATION OF THE FISCAL YEAR 25-26 PERMANENT LOCAL HOUSING ALLOCATION PROGRAM (PLHA) AWARD YEAR 5
ALLOCATION
WHEREAS, the Permanent Local Housing Allocation (PLHA) Program has been operating since 2017 to provide local governments the resources to meet the needs of housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.; and
WHEREAS, the City of Avalon contracts with the Los Angeles County Community Development Commission for the disbursementof Community Development Block Grant Funds, through the Small Cities Program; and WHEREAS, the City of Avalon will receive an estimated total of $13,969 in Fiscal Year 2025-26 in Permanent Local Housing Allocation Program; and WHEREAS, the City plans to allocate this balance to its existing Phase Workforce Housing Project for pre-construction design, engineering, and planning services costs; and
WHEREAS, the City Council has conducted a public hearing, with the required prior noticing to provide the public and opportunity to comment on the programs proposed for the Fiscal Year 2025-26 Permanent Local Housing Allocation Program.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF AVALON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1: The City Council approves the Permanent Local Housing Allocation (PLHA) Program allocation for Fiscal Year 2025-26 and instructs staff to submit the necessary document and a copy of this Declaration to the Los Angeles County Development Authority.
Section 2: The City Council authorizes City Staff to adjust the Program budget as necessary throughout the Fiscal Year. This includes, but is not limited to, allocating amounts on a per project basis, adjusting project budgets, implementing a new or cancelling existing activities, to allow for the timely expenditure of PLHA-funds.
PASSED, APPROVED AND ADOPTED on the 15th day of July, 2025.
Ann H. Marshall, Mayor
ATTEST:
Gabrielle Morones, City Clerk
PUBLIC NOTICE
30-DAY PUBLIC COMMENT PERIOD AND PUBLIC HEARINGS FOR THE CITY OF AVALON 2023 PERMANENT LOCAL HOUSING ALLOCATION
The City was notified that it would receive funding of $13,969 through an allocation from Los Angeles County Development Authority's (LACDA) Permanent Local Housing Allocation (PLHA) program.
The City will be applying these funds to costs related to Phase I of The City Hall Workforce Housing project which is currently underway. The purpose of this project is to develop a 22-unit apartment complex on the City Hall campus along Tremont Street to be used as year-round housing for City employees and full-time residents.
The following is a summary of the activities that the City is proposing to implement utilizing available 2023 PLHA program funding:
Proposed Projects/Activities
Phase I Workforce Housing $13,969
The proposed scope of work for Phase I includes pre-construction design, engineering, and planning services to allow the City to finalize the Phase Il scope of work. 30-Day Public Comment Period
All comments regarding the PLHA program must be received on or before August 3, 2025. Submit written comments via email to [email protected] or mail to City of Avalon, PO Box 707, Avalon, CA 90704.
Public Hearings
A public hearing to discuss the funding allocation for the 2023 PLA will be held on Tuesday, July 15, 2025 at 5:00 p.m. before the City Council in the Council Chambers located at 410 Avalon Canyon Road, Avalon, CA 90704.
The public is encouraged to attend in-person, watch on Channel 3, or stream live at https://www.youtube.com/@CityofAvalonCA
Date Posted: July 3, 2025
Location(s) Notice Posted:
- City of Avalon City Hall bulletin board - 410 Avalon Canyon Road, Avalon, CA 90704 City of Avalon website -www.cityofavalon.gov
- Los Angeles County Library Bulletin Board - 215 Sumner Ave, Avalon, CA 90704 Atwater Arcade Bulletin Board - 118 Metropole Ave, Avalon, CA 90704
CITY OF AVALON CITY COUNCIL
AGENDA ITEM: 5
MEETING DATE: July 15, 2025
ORIGINATING DEP: Administration CITY MANAGER: DMM
PREPARED BY: David Maistros, City Manager
SUBJECT: Repeal and Replace Article 3 of Chapter 1 of Title 3 of the Avalon Municipal Code Modifying the Transient Rental Licensing System RECOMMENDED ACTION(S): Introduce and waive all further readings of an ordinance repealing and replacing Article 3 of Chapter 1 of Title 3 of the Avalon Municipal Code, updating regulations to the Transient Rental Licensing System.
REPORT SUMMARY: In 2020, the City of Avalon modified the process by which it monitors and regulates Transient Rentals. Prior to 2020, transient rentals were authorized by Conditional Use Permit, "CUP" under the City's Zoning Code. On December 15, 2020, the City Council adopted Ordinance No. 1192-20 establishing Article 3 of Chapter 1 of Title 3 of the Avalon Municipal Code (AMC). In modifying the AMC, transient rentals went from a CUP - which runs with the land irrespective of intensity of use or transfer of property ownership - to a Transient Rental License (TRL) scheme that requires the applicant to annually seek re-approval.
Additionally, the ordinance:
• Allowed existing CUPs for transient rentals to remain valid until the second sale of the property to which they are tied (the amortization period). • Upon the second sale, the buyer would have the ability to apply for a Transient Rental License as outlined in the revised ordinance.
• Established guidelines and standards for approving the license (occupancy limits, management requirements, payment of transient occupancy tax, etc.) within the purview of the Planning Commission.
• Appeals of the Planning Commission's decision would be heard by City Council. • Prohibited transfer of Transient Rental Licenses.
• Required holding a noticed public hearing prior to the issuance of a Transient Rental License.
• Established a transient rental inspection program.
The TRL ordinance within the AMC was formally amended again on November 16, 2021 to require transient rentals to rent a minimum of three nights per calendar year. The ordinance also imposed penalties, up to revocation, for not meeting that minimum requirement.
On August 1, 2023, the City Council adopted Urgency Ordinance #U-121223 establishing a 45- day moratorium on the issuance of new Transient Rental Licenses.
On September 15, 2023, the City Council adopted Urgency Ordinance #U-1213-23, extending the moratorium for an additional 10 month and 15 day period. This additional time was needed to further determine the level of impact of Transient Rentals in the City of Avalon.
On August 6, 2024, the City Council adopted Urgency Ordinance #U-1220-24, extending the moratorium until July 30, 2025 to allow City staff to develop a Transient License database and complete a comprehensive inventory of Transient Rental Licenses and existing CUPs in Avalon.
During the moratorium period, City Staff held two community/stakeholder meetings discussing quality of life issues, financial benefits and impacts, and the sustainability and housing impacts associated with transient rentals.
From December 1, 2023 to January 21, 2024, the City conducted a survey to determine the overall impact of Conditional Use Permits and Transient Rental Licenses amongst Island visitors, residents and property owners. The survey also provided insight into participant's thoughts regarding potential enhanced regulations and/or additional enforcement. The City received 595 survey responses. Survey results were presented to the Planning Commission on February 21, 2024 and provided to the City Council on August 6, 2024.
Considering the survey responses, stakeholder and community feedback, and a comprehensive review of other California municipal short-term rental ordinances, City Staff recommends the following revisions to the Transient Rental License Ordinance:
1. Modification of the regulatory guidelines to implement a revocation policy based on non- compliance with the City's noise ordinance, responsiveness of property manager to complaints, and the City's policies and procedures regarding trash, parking, etc.
2. Add the ability for the Planning Commission to consider as a basis of denial if applicant is a current owner of a short-term rental that has been in non-compliance with the AMC.
3. Require all short-term rental postings and advertisements to include the business's City of Avalon Business License Number.
4. Require the property manager to meet the guests) and review the City's rules and regulations at the rental property.
5. Require the property manager to respond to complaints received within 30 minute of notification.
6. Increase the annual minimum stay from three nights to ten nights per calendar year.
7. Require the property manager to be a City of Avalon Business License holder.
In addition to the recommended modifications of the ordinance, City Staff have contracted with Host Compliance to provide a 24/7 call center to support and provide oversight of transient rental complaints. The support line will provide a notification system for property managers regarding complaints as well as track property manager responsiveness, and the number and nature of complaints filed for each property. City Staff is currently working with Host Compliance to build out the call center database including identifying authorized properties, property manager contact information and potential scripts and prompts. Staff anticipates launching the call center by Fall 2025.
Saff recommends the City Council introduce and waive all further readings of the proposed ordinance repealing and replacing Article 3 of Chapter 1 of Title 3 of the Avalon Municipal Code updating regulations to the Transient Rental Licensing System. If approved, the adoption of the ordinance will occur at the August 5, 2025 regular meeting of the City Council with the regulations going into effect by September 5, 2025.
GOAL ALIGNMENT: Affordable housing and regulation of short-term rentals.
FISCAL IMPACTS: To be determined.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: City Staff will not have direction on how to proceed in amending the AMC.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: Ordinance.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVALON REPEALING
AND REPLACING ARTICLE 3 OF CHAPTER 3-1 OF
TITLE 3 OF THE AVALON MUNICIPAL CODE
REGARDING LICENSING OF TRANSIENT RENTALS
WHEREAS, the City of Avalon ("City") has historically regulated transient rentals, originally with Conditional Use Permits (CUPs"), and subsequently transitioned to a Transient Rental License ("TRL") scheme with the adoption of Ordinance No. 1192-20 on December 15, 2020, which established Article 3 of Chapter 3-1 of Title 3 of the Avalon Municipal Code ("AMC"); and
WHEREAS, the City Council subsequently adopted a series of urgency ordinances, including #U-121223, #U-1213-23, and #U-1220-24, establishing and extending a moratorium on new Transient Rental Licenses until July 30, 2025, to allow for comprehensive assessment and inventory of all transient rental in the City; and WHEREAS, during this moratorium, City Staff conducted extensive community outreach, including stakeholder meetings and a comprehensive survey from December 1, 2023, to January 21, 2024, gathering 595 responses regarding the impacts of transient rentals and potential regulatory enhancements to existing regulations; and WHEREAS, based on this community input, survey results, and a review of other municipal ordinances, City Staff has identified a need for significant revisions to the Transient Rental License Ordinance, including modifications to revocation policies, property manager requirements, advertising standards, and an increase in the annual minimum stay from three to ten nights; and
WHEREAS, these proposed amendments are consistent with the City's overarching goal of aligning affordable housing initiatives with the effective regulation of short-term rentals; and
WHEREAS, the City Council finds that repealing and replacing Article 3 of Chapter 1 of Title 3 of the Avalon Municipal Code is necessary and proper to update regulations relating to Transient Rental Licenses, thereby promoting the public health, safety, and welfare of the residents and visitors of the City of Avalon; and WHEREAS, all prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES ORDAIN AS FOLLOWS:
Section 1. 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. Article 3 of Chapter 3-1 of Title 3 of the Avalon Municipal Code is repealed and replaced as set forth in Exhibit A, attached and incorporated herein. 65059 00000\43956413.1
Section 3. Severability. If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, void, or invalid, such decisions shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have 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, execute and file with the Los Angeles County Clerk a CEQA Notice of Exemption within five (5) working days of the adoption of this Ordinance.
Section 5. Certification. The City Clerk of the City of Avalon shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law.
Section 6. Effective Date. This Ordinance shall become effective thirty days from its adoption.
INTRODUCED at a regular meeting of the City Council of the City of Avalon on the 15th day of July 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 15th day of July 2025, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Ann H. Marshall, Mayor
65059.00000\43956413.1
ATTEST:
Gabrielle Morones, City Clerk
APPROVED AS TO FORM:
Scott Campbell
Best Best & Krieger, LLP
65059 00000\43956413.1
EXHIBIT A
65059.00000\43956413.1
City of Avalon, CA
§ 3-1.301 § 3-1.302
ARTICLE 3
Transient Rental Licenses
§ 3-1.301. Definitions. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021] For purposes of this article, words and phrases used herein are defined as follows:
DWELLING UNIT — Shall have the same meaning ascribed to "dwelling units" in § 9-3.604 of the Municipal Code.
PERSON — Shall mean and include any individual or family owning the underlying parcel or lot where a transient rental is sought or maintained (the "property"). Person shall also include a partnership, trust, corporation or association that owns the property applicable to this article.
SECOND SALE — Shall mean and include the second sale of the property after the effective date of this article.' Persons with current and valid Conditional Use Permits for transient rentals may continue to conduct transient rentals under such Conditional Use Permits without applying for and obtaining Transient Rental Licenses under this article, except that such Conditional Use Permits shall remain valid only until such time that the property that the Conditional Use Permit is tied to is sold twice, at which time the Conditional Use Permit shall automatically expire, and the second buyer must apply for and obtain a Transient Rental License under this article in order to conduct transient rentals.
(a) Example. Person A has a current and valid Conditional Use Permit for transient rentals upon the effective date of this article. Person A then sells the property with the Conditional Use Permit for transient rentals to Person B. Person B then sells the same property to Person C. Person A and Person B will be able to conduct transient rentals without applying for and obtaining a Transient Rental License under this article.
However, Person C must apply for and obtain a Transient Rental License before he or she may conduct transient rentals, because the Conditional Use Permit under which Person A and Person B conducted transient rentals has automatically expired upon the second sale of the property, which was from Person B to Person C.
TRANSIENT RENTAL — Shall mean and include the renting or leasing of a room or rooms with or without table board in any dwelling or dwelling unit for periods of fewer than 30 consecutive days duration.
§ 3-1.302. Transient Rental License Required. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
commenced or carried on without such Transient Rental License shall constitute a separate violation of this Code. The use of signs, circulars, cars, telephone books, newspapers, online short term rental platforms and any other forms of advertisement to hold out, or represent that a person is conducting transient rentals in the City, or when any person holds an active license or permit by a governmental agency indicating that a person is conducting transient rentals in the City shall constitute
1. Editor's Note: Article 3 was adopted 12-15-2020 by Ord. No. 1192-20; effective February 1, 2021.
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§ 3-1.302 § 3-1.306
prima facie evidence that such person is conducting transient rentals in the City. (b) No person in possession of a current and valid Conditional Use Permit, or a grandfathered Conditional Use Permit, for Transient Rental, that allows such person to conduct transient rentals on his or her property shall be required to obtain a Transient Rental License under this article, provided, however, and notwithstanding § 9-8.408, that any and all such Conditional Use Permits shall automatically expire upon the second sale of the property to which such Conditional Use Permits relate pursuant to § 3-1.301. Where a Conditional Use Permit has expired pursuant to this article, no person shall commence or carry on, either directly or indirectly, any transient rental without first having obtained and maintained in good standing a Transient Rental License under this article.
§ 3-1.303. Unlawful Business Not Authorized. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
Transient Rental Licenses issued under the provisions of this article shall not be construed as authorizing anyone to conduct any illegal or unlawful activity or business. §3-1.304. Duplicate License. (Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
A duplicate Transient Rental License may be issued by the Planning Commission to replace any Transient Rental License previously issued which has been lost or destroyed upon the licensee filing a statement attesting to such fact and on payment of a duplicate license fee in an amount set by resolution of the City Council.
§ 3-1.305. Enforcement and Penalties. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 11-16-2021 by Ord. No. 1202-21, effective December 16, 2021] It shall be the duty of the Planning Department or its authorized representative to enforce each of the provisions of this article, including the collection of fees, penalties and interest. The Planning Commission shall be responsible for the issuance of all Transient Rental Licenses provided for in this article, and for the proper processing of all applications and registrants. The Planning Commission may make rules and regulations consistent with the provisions of this article as it deems necessary or desirable to aid in its administration and enforcement. Any person found to be in violation of any provision of this article shall be guilty of a misdemeanor, and shall be subject to the imposition and payment of civil penalties as set forth by resolution of the City Council. On the second and each subsequent time that a person is issued a citation for the same violation of this article, except for § 3-1.317(j), in any twelve-month period, the fine is increased as indicated by City Council resolution and the person cited shall be liable for the amount of the new fine until it is paid, in addition to being responsible for payment of previous fines. On the second and each subsequent time that a person is issued a citation for a violation of § 3-1.317(j), the fine is increased as indicated by City Council resolution and the person cited shall be liable for the amount of the new fine until it is paid, in addition to being responsible for payment of previous fines._Upon the third citation for a violation of any provision of this Articles 3-1.317() the Planning Department may recommend to the Planning Commission that the Transient Rental License be considered for revocation.
§ 3-1.306. Additional Powers of the Planning Commission. [Added 12-15-2020 by Ord. No.
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§ 3-1.306 § 3-1.309
1192-20, effective February 1, 2021]
In addition to other powers conferred herein, the Planning Commission shall have the power to:
(a) Extend the time of filing any application, statement or registration not to exceed 30 days for good cause shown;
(b) Waive any penalty that would otherwise accrue; and, with the approval of the City Attorney, to compromise any claim for license fee or penalties under the provisions of this chapter. § 3-1.307. Applications for License. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
Applications for a Transient Rental License required by this article shall be signed and verified by the applicant. City staff shall prepare the application form that Transient Rental License applicants must fill out. The application form may require the following, in addition to such other requirements as City staff may deem appropriate:
(a) The name, address, telephone, e-mail address and facsimile number, if any, of the applicant, which shall be the owner of the property for which a Transient Rental License is sought; (b) The name and address, telephone, e-mail address and facsimile number, if any, of the applicant's employer, if applicable. If the application is filed on behalf of a partnership, corporation, trust or association, the applicant shall provide the names and addresses of the partners, trustees or principal officers and designate the name, address, telephone, e-mail address and facsimile number, if any, of the person authorized to accept service of process for the entity;
(c) The property where the transient rental is to be conducted; and (d) Personal identification information for the applicant, including, but not limited to, date of birth, and a copy of a driver's license or identification card. § 3-1.308. License Fee. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021] The fee for filing, processing of Transient Rental License applications, issuance of Transient Rental Licenses, issuance of Transient Rental License renewals, conducting on-site inspections of transient rental premises and collecting fees associated with such applications_and enforcement shall be set by resolution of the City Council. Until established, the fee for filing and processing of a Transient Rental License shall be the fee established for a Transient Rental Conditional Use Permit. The fee shall be payable with the application for a Transient Rental License.
§ 3-1.309. License Hearing. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
The Planning Commission shall have the power and authority to hear and conduct proceedings for the granting and issuance of all Transient Rental Licenses required by this article, and to revoke or suspend any licenses issued, subject to the limitations contained herein. The decision of the Planning Commission shall be final unless a timely appeal is taken to the City Council. The Planning Commission shall be governed by the following procedures:
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§ 3-1.309 § 3-1.309
(a) License Application and Hearing. The Planning Commission shall formulate all necessary rules and regulations governing the Transient Rental License application and investigation thereof. The Planning Commission may require reports from the City's law enforcement agency or other City departments and officials concerning the effect of granting the license on the public health, safety and welfare. The Planning Commission shall hold a public hearing to consider each application for a Transient Rental License under this article, for which notice shall be given as set forth in subsection (b) of this section. Applicants may be represented by counsel and present all pertinent and relevant information pertaining to the application, and to be heard and to call witnesses on their behalf. The hearing may be continued from time to time as determined necessary by the Planning Commission or upon request of the applicant upon good cause being shown.
(b) Notice. Not less than 10 days prior to the date of a hearing on an application for a Transient Rental License, the Planning Commission shall give notice which shall include the time, place, and purpose of such hearing, the location of the property under consideration, and such other information as it deems necessary as provided herein:
(1) Cause a copy of such notice to be published once in a newspaper of general circulation in the City of Avalon;
(2) Cause such notice to be mailed by first-class mail, postage prepaid, to the applicant and to all persons whose names and addresses appear on the latest available assessment roll of the County of Los Angeles as owning property within a distance of 300 feet from the exterior boundaries of the area for which an application for a Transient Rental License is filed, and to such other persons whose property or interests might, in the judgment of the Planning Commission or its designee, be affected by the issuance of the Transient Rental License requested. The Planning Commission shall also cause to be posted on the subject property in a location clearly visible from the street, a notice which measures at least 11 inches by 14 inches and which contains the information included in the notice as set forth in paragraph (1) of this subsection; and
(3) If the Planning Commission finds that the mailing of notices prescribed elsewhere in this section may not give sufficient notice to said persons, then such notices shall be posted at such locations as are deemed best suited to reach the attention of and inform those persons who may be affected.
(4) Such notice shall be in addition to any notice required for the issuance of a Local Coastal Permit.
(C) Reconsideration of Notice Provisions. The Planning Commission shall reconsider the notice provisions set forth in subsection (b) of this section two years after the adoption of this article.?
(d) Issuance of Licenses. The Planning Commission shall have the power to grant Transient Rental Licenses required by this article only when all necessary clearances have been obtained from law enforcement and other involved City departments and officials, and where it has received no evidence indicating that the public health, safety or welfare or the purposes
2. Editor's Note: Article 3 was adopted 12-15-2020 by Ord. No. 1192-20; effective February 1, 2021.
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§ 3-1.309 § 3-1.310
of this article will be injured by the granting of such license. § 3-1.310. Basis for Approval or Denial of Transient Rental License. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
(a) The City Council shall annually review the need to consider further regulations or restrictions to this Article, including but not limited to imposing a cap on the total number of short-term rentals to ensure the City is maintaining a balance of preserving affordable housing stock with the economic benefits derived from short-term rentals. (1)
(a)(b) The Planning Commission may, with such conditions as are deemed necessary, approve a Transient Rental License which will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare, or be materially detrimental to the property of other persons located in the vicinity of such use. (b)(c) In making such determination, the Planning Commission shall find that the proposed transient rental use is in general accord with the following principles and standards:
(1) The nature, condition, and development of adjacent uses, buildings and structures shall be considered and no proposed transient rental use shall be permitted where such use Will adversely affect or be materially detrimental to said adjacent uses, buildings and structures;
2) The site for a proposed transient rental use shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, outdoor entertaining areas and other development features prescribed in this chapter or as required as a condition in order to integrate said use and not be detrimental with the uses in the neighborhood;
(3) The site for a proposed transient rental use shall be served by highways and streets adequate in width and improved as necessary to carry the kind and quantity of traffic such use would generate.
(e)(d) Conditions imposed by the Planning Commission for a Transient Rental License may involve any pertinent factors affecting the establishment, operation and maintenance of the requested transient rental use, including, but not limited to:
(1) Special yards, open spaces and buffer areas;
(2) Fences and walls;
(3) Parking facilities, including vehicular ingress and egress and the surfacing of parking area and driveways to specified standards;
(4) Street and highway dedications and improvements including sidewalks, curbs and gutters;
(5) Water supply and fire protection;
(6) Landscaping and maintenance of grounds;
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§ 3-1.309 § 3-1.310
noxious matter, heat, glare, electromagnetic disturbances and radiation; (8) Regulation of operating hours for activities affecting normal neighborhood schedules and functions;
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§ 3-1.310 § 3-1.310
(10) Such other conditions as will make possible the development of the proposed transient rental use in an orderly and efficient manner and in general accord with all elements of the General Plan and the intent and purpose of this chapter. (d)(e) The Planning Commission shall deny the requested Transient Rental License where the findings indicate, and the Commission determines, that the applicant has failed to show that the requested transient rental use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity of such use, and reasonable restrictions or conditions to license the establishment of the proposed use will not prevent detriment or menace as indicated.
(e)(f) In addition to the foregoing, the Planning Commission shall consider the following in connection with an application for a Transient Rental License:
(1) Year-Round Rental Status. In the absence of adequate mitigating measures proposed by the applicant, the application should be denied where the subject property is or has been rented for periods of more than 30 consecutive days to the same occupant at any time during the two years preceding the application.
(2) Neighborhood Impacts. The Planning Commission shall consider the objections of the owners and occupants of neighboring properties in determining whether the proposed transient rental use is consistent with the surrounding properties and the extent to which such impacts may be mitigated by the imposition of the standard conditions listed below or by the imposition of additional conditions. The Planning Commission may consider objections previously made in connection with applications for transient rental use at other properties located within the same general area as the subject application; however, the Planning Commission should consider the time between the prior application and the subject application, the geographical proximity of the subject application to the prior application, any differing circumstances, and additional mitigating measures proposed by the applicant, and changes in the general area, in determining the weight to be given such prior objections. (3) Single-and-Multiple-Unit Properties. In the absence of other negative findings, the Planning Commission should approve the application:
a. Where the property is the only unit owned by the applieant in the City and the applieant proposes to use the property himself from time to time; of a. Where the subject property contains multiple units, and those other units are utilized for year round rental or occupancy, or the applicant owns other separate properties in the City of Avalon which are utilized for year-round rental or occupancy. (4) Condominium Associations Having 10 or More Units. In the case of an application concerning property located within a condominium or similar congregate housing project consisting of 10 or more units, the applicant shall be required to provide written approval demonstrate that anyfrom the governing body of the subject association generally consenting to the allowances of the transient rental uses at the condominium or congregated housing project.
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§ 3-1.310 § 3-1.312
(5) The Planning Commission shall consider whether granting the Transient Rental License shall result in any year round residence located adjacent to the proposed transient rental having more than a majority of the adjacent residences permitted or licensed for transient rental use. "Adjacent" means having a common property line with the proposed transient rental unit except for the existence of a public street or alley. (5)(6) The Planning Commission shall consider, and may use as a reason for denial of granting a Transient Rental License, whether the applicant has other transient rental properties in the City and if the applicant has previously been found to be in violation of any provisions of this Article.
(6)(7) _The total square footage of the dwelling unit and the site of each bedroom shall be considered for determining whether to grant the Transient Rental License. (Đ(g)_The Planning Commission shall impose as a condition all of the requirements and standards set forth in § 3-1.317, plus such additional conditions which the Planning Commission determines are appropriate to mitigate the impacts of such transient rental use. § 3-1.311. Appeal from Denial of License. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
In all cases where the Planning Commission denies the Transient Rental License application, it shall notify the applicant within 10 days, in writing, either personally or by mail, of the denial and the reasons therefore. The applicant may appeal such denial to the City Council provided such appeal is served on the City, personally or by mail, within 15 days of the date of the written notice of denial and payment of an appeal fee in an amount to be set by resolution of the City Council. § 3-1.312. Revocation or Suspension of License. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
(a) Any Transient Rental License issued under this article may be revoked or suspended where:
(1) The licensee has violated any provision of the Avalon Municipal Codeis article; (2) Where a license has been granted on false or fraudulent evidence, testimony or application; or
(3) Where the licensee has violated the terms and conditions of the license, including, but not limited to, the timely payment of fees required by this article. (b) All matters pertaining to revocation or suspension shall be considered by the Planning Commission. The Planning Commission shall give notice of any proposed modification, suspension or revocation as set forth in subsection(c) of this section. At the hearing, the licensee shall be given the opportunity to appear personally or through counsel, to be heard, to defend the charges and to call witnesses. Upon good cause shown, the licensee shall be entitled to a continuance until the next meeting of the Planning Commission. After conducting such hearing, the Planning Commission may revoke, suspend for a stated time period, or reinstate any license upon such terms and conditions as in the exercise of sound discretion is determined to be appropriate. The decision of the Planning Commission may be appealed to the City Council.
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§ 3-1.310 § 3-1.312
(c) The Planning Commission shall notify the person owning or operating a use for which a modification, suspension, or revocation of a Transient Rental License, which was the subject of a public hearing for modification, suspension, or revocation, and such other persons known to the Planning Commission as having any right, title or interest in the property, of Downloaded from https://ecode360.com/A V4054 on 2025-06-05 City of Avalon, CA
8 3-1.312 § 3-1.315
the action taken by the Planning Commission. Said notification of the action by the Planning Commission shall be made either by serving a notice in the manner required by the law for the service of a summons, or by mailing a written notice using registered or certified mail, postage prepaid, with a return receipt requested. Notice for such modification, suspension, or revocation hearing shall also be provided as required for the granting of a Transient Rental License.
§ 3-1.313. New License Required. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
No person whose Transient Rental License has been revoked or suspended shall engage in or carry on the business during the period of suspension or after revocation until a new license shall have been granted. Violations of this provision shall be punishable as a misdemeanor. § 3-1.314. Delivery and Proof of Notice. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
Except for notice of a public hearing to consider an application, modification, suspension, or revocation for a Transient Rental License, any notice required to be given under this article may be given either personally to the licensee or to any employee at the place of business if the licensee is absent from the place of business, or by depositing the notice with the United States Postal Service in a sealed envelope, postage prepaid, addressed to the person listed in the application.
Service shall be deemed to be completed at the time of deposit. Proof of giving service may be made by affidavit of any officer or employee of the City or law enforcement personnel, showing service in conformity with this article.
§ 3-1.315. Non-transferability. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
(a) No Transient Rental License or Conditional Use Permit issued under this article shall be transferable, except as described herein. For purposes of this section, a permissible "transfer" shall only mean a one-time permissible transfer of a Transient Rental License or Conditional Use Permit by grant or gift to immediate family members (defined as spouses, siblings, children, grandchildren or parents), or as part of a family trust. A "transfer" in the event of death of the licensee or permittee to any of the immediate family members defined in this section shall not be prohibited under this section and shall qualify as a one-time permissible transfer.
(b) Whenever there is any transfer of a Transient Rental License or transient rental CUP, the transferor shall promptly notify the City of the transfer and designate the person or entity as responsible for the license or permit and subject to any required regulations contained in this article.
(c) Any permissible one-time transfer of a transient rental CUP permitted under this section shall be treated as the first of two "sales" for purposes of § 3-1.301 and the transition of use from CUP to Transient Rental License.
(1) Example. Person A has a current and valid Conditional Use Permit for transient rentals upon the effective date of this article. Person A then grants the property to which the Downloaded from https://ecode360.com/AV4054 on 2025-06-05 City of Avalon, CA
§ 3-1.315 § 3-1.317
Conditional Use Permit relates to his or her immediate family member, Person B.
Person B then sells the same property to Person C. Person A and Person B will be able to conduct transient rentals without applying for and obtaining a Transient Rental License under this article. However, Person C must apply for and obtain a Transient Rental License before he or she may conduct transient rentals because the Conditional Use Permit under which Person A and Person B conducted transient rentals has automatically expired upon the sale of the property, which was from Person B to Person C. Person A's granting of the property to Person B is treated as the first of the two "sales" for purposes of § 3-1.301 and the transition of use from CUP to Transient Rental License.
§ 3-1.316. Annual Renewal. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
(a) Transient Rental Licenses issued pursuant to this article shall be renewed annually on or before January 1 of each year. The purpose of the annual renewal is to determine compliance with the provisions of this Code and any terms or conditions of a license issued under this article.
The Planning Department may, in the sound exercise of discretion, renew licenses without conducting an investigation upon the applicant's verification of the continuing validity of all information submitted for initial issuance of the license,, without payment of additional processing fees.
§ 3-1.317. Requirements and Standards Applicable to All Transient Rentals. [Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 11-16-2021 by Ord.
No. 1202-21, effective December 16, 2021]]
(a) Registration, Inspection, and Licensing Requirements. (1) Any managing agency, agent, owner or property manager who rents one or more transient rentals shall be required to obtain a City business license. Failure to obtain a business license or continuing to operate a transient rental after revocation of a business license constitutes a misdemeanor pursuant to § 1-2.01 of the Municipal Code, and may result in imposition of a fine upon conviction among other penalties. (2) All transient rentals shall be subject to collection of transient occupancy tax as required by the Municipal Code, and each managing agency, agent, owner and property manager of a transient rental shall collect and make payment to the City of the transient occupancy tax for their transient rental.
(b) Sign Requirements. Each transient rental unit shall have posted in a location that is clearly material which affixes to a window, not to exceed two square feet in size, have lettering of sufficient size to be easily read from a place accessible to the public, and shall clearly contain the following information:
(1) Street address of the transient rental unit;
(2) Allowed maximum occupancy for the transient rental unit; and Downloaded from https://ecode360.com/A V4054 on 2025-06-05 City of Avalon, CA
§ 3-1.317 § 3-1.317
(3) Name of the managing agency, agent, property manager, or owner of the unit, and a local telephone number at which that party or his agent may be reached on a twenty- four-hour basis; and
(3)(4) City of Avalon Business License Number:
(C) Advertising Requirements. Any sign or online posting advertising the available use of a transient rental unit must meet all of the advertising and sign requirements found in the Avalon Municipal Code, including identification of the property's City of Avalon Business License Number.
(d) Notice and Rental Agreement Requirements.
(1) Upon check-in, the managing agency, agent, property manager, owner of the unit or other designee must meet allthe transient rental guests in person prior to providing access to at the property to review rental regulations and verify the number of guests arriving are in compliance with the unit's occupancy limits. a. The managing agency, agent, property manager, owner of the unit or other designee must maintain a valid City of Avalon Business License. (1)(2) Each transient rental unit shall have a clearly visible and legible notice posted within the unit on or adjacent to the front door, containing the following information:
a. The name of the managing agency, agent, property manager, or owner of the unit, and a local telephone number at which that party or his/her agent may be reached on a twenty-four-hour basis;
b. The maximum number of occupants permitted to stay in the unit; c. Notification that trash and refuse shall not be left or stored on the property, the scheduled dates and times for pick-up at the location, and an explanation of the City's recycling program;
d. Notification that failure to conform to the parking and occupancy requirements of the structure is a violation of this section;
When the City has enacted water conservancy measures by ordinance, notice of the requirements of such ordinance and a request that occupants conserve water as much as possible in the use of showers, baths, faucets and laundry; f. Notification that use of unenclosed decks and patios between 210:00 p.m. and 8:00 a.m. is prohibited where such use generates noise which would disturb or annoy a reasonable person occupying the adjacent properties; and g. A statement that Avalon has a "zero tolerance" policy towards nuisances, rowdy and disruptive behavior and advising that the occupancy will be immediately terminated for violations of this policy.
(2)(3) The foregoing information shall be stated in the rental information and agreement provided to prospective renters prior to their occupancy of the unit. (e) Vehicles. Off-street parking shall be provided on or off site such that all vehicles bearing Downloaded from https://ecode360.com/AV4054 on 2025-06-05 City of Avalon, CA
§ 3-1.317 § 3-1.317
permits issued for the unit can be parked off street, except when used pursuant to a temporary permit issued to the owner as provided in Title 4. The owner, agent and managing agency shall comply with the Avalon vehicle ordinance which (1) permits transient renters to only use the vehicle which is permitted for the location; and (2) prohibits the owner, agent or managing agency from charging for the use of the vehicle, except:
(1) Properties located in the "flats" (as defined in § 9-5.406) and properties located in the condominium known as "Bahia Vista," "Canyon Terrace," and "Sol Vista" shall not include a vehicle to be used by transient guests.
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§ 3-1.317 § 3-1.317
(f Trash. The owner or managing agent shall provide written information to each transient occupant setting out the schedule for trash pick-up at the location and an explanation of the City's recycling program and ensure that there are adequate materials for disposing of trash in accordance with the City's program. All trash containers shall be secured against animal incursion.
(g) Maximum Occupancy. The maximum occupancy for transient rentals shall be two persons (including children and infants) per bedroom, plus two; provided the Planning Commission in its discretion may establish a different maximum number where appropriate and reasonable to permit fewer persons that the foregoing formula might otherwise allow and may also increase the number that would otherwise be allowed under the foregoing formula where facts are presented demonstrating that the configuration of the property warrants it.
Reasons for establishing a different maximum occupancy number include, but are not limited to:
(1) Size and location of the property;
(2) Distinction between single- and multi-unit properties; and (3) Number and size of each sleeping room in the transient rental unit. (h) Unenclosed Areas. The use of unenclosed areas, such as decks and balconies, attached to each transient rental unit shall be prohibited between the hours of 102:00 p.m. and 8:00 a.m.
Monday through Sunday.
(i) Noise. The occupants of the transient rental shall at all times remain in compliance with the Noise Ordinance as outlined in Chapter 5-13 of this code. (i)(i) Code Compliance, Fire Safety and Inspection. Each dwelling unit used for transient rental within the City is subject to all of the following inspection requirements:
(1) The owner shall be responsible for compliance with all codes regarding Fire, Building and Safety, Health and Safety and other relevant laws and the requirements of paragraph (8) of this subsection.
(2) Any transient rental unit which was permitted or legally nonconforming and in existence prior to the effective date of this subsection shall be made available for inspection within 30 days after the effective date of this subsection.? The City shall endeavor to inspect all such units within 180 days of the effective date of this subsection. The Planning Department shall coordinate with the property owner and the inspectors to arrange for notice and the date of inspection. Within 15 days following inspection, the inspectors shall submit an original, signed inspection report to the Planning Department, or, where applicable, provide notice that the property owner has unreasonably prevented inspection. Failure to cooperate with the scheduling of the inspection shall subject the approval to use the unit as a transient rental to revocation. Any new transient rental unit established after the effective date of this subsection shall be inspected prior to commencement of the use, which inspection shall be scheduled and conducted within 30 days of approval. In addition to the registration for each unit as required in subsection (a) of this section, an original, signed inspection report for each unit shall be submitted to the Director of Finance in order to obtain approval to use the unit as a transient rental.
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§ 3-1.317 § 3-1.317
3. Editor's Note: Article 3 was adopted 12-15-2020 by Ord. No. 1192-20; effective February 1, 2021.
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§ 3-1.317 § 3-1.317
(3) Inspections shall be conducted by a qualified inspectors) authorized and approved by the City to conduct such inspections. Inspectors shall demonstrate appropriate qualifications to conduct the required inspections as determined by the Building Official or the Fire Department, as applicable. The cost of such inspections, plus any administrative charges shall be paid by the owner pursuant to the City's adopted fee schedule. The City shall make every reasonable effort to ensure that inspections are completed in a timely manner.
(4) After the initial inspection, each rental unit shall be reinspected no less than once every three years following the original inspection. Verification of inspection will be done at the time of business license renewal. Failure to submit inspection reports shall result in revocation of approval to use the unit for transient rentals. (5) Inspections shall verify compliance with all applicable provisions of this section. (6) If upon completing an inspection of a transient rental, the inspectors) determines that the unit is not in conformance with this section, the inspector shall provide the managing agency, agent, owner or property manager with a list of required corrections, set a reasonable time for correction and a date for reinspection. A copy of the foregoing shall also be given to the Planning Department. If the unit is registered with the City as a transient rental, approval by the City to use the unit for transient rental shall be suspended until correction and reinspection if determined by the inspector to present an immediate health and safety hazard, and submission of a new inspection report for the unit indicating compliance with this section. If the unit is not yet registered with or approved by the City, approval for its use as a transient rental shall be withheld until submission of a new inspection report for the unit indicating compliance with this section.
(7) Noncompliance by an owner, managing agency, property manager or agent of the requirements for registration, inspection and operation of transient rentals may result in the revocation of the business license and Transient Rental License authorizing the use, and upon revocation, no new business license or Transient Rental License may be issued to the same transient rental licensee for a period of 12 months following such revocation.
(8) The following requirements for transient rentals will be evaluated upon inspection of each unit, and shall constitute minimum requirements. The unit must be brought into conformance with these requirements and any other applicable codes and ordinances in order for the use to be allowed
a. Required sign and notice must be posted, and address of unit must be legible from outside the property unless exempted.
b. Smoke detectors shall be installed within each sleeping room and at a point centrally located in the corridor or area giving access to each separate sleeping room. Battery-operated smoke detectors are acceptable, provided that they are maintained in good working order at all times, or except as required by other applicable codes. Where fire suppression systems have been installed, such systems shall also be subject to the inspection and testing requirements set forth in Downloaded from https://ecode360.com/AV4054 on 2025-06-05 City of Avalon, CA
§ 3-1.317 § 3-1.317
Title 4, Chapter 3.
The transient rental shall be equipped with a minimum of one 2A:10B:C type extinguisher with 75 feet of travel distance to all portions of the structure; there shall be no less than one such extinguisher per floor. Fire extinguishers shall be mounted in visible locations with the tops of the extinguishers mounted between three feet and five feet above the floor and shall be accessible to occupants at all times. California State Fire Marshal annual certification tags must be provided and be current on all extinguishers.
d. Any locking mechanism on outside doors must be operable from inside the unit without the use of a key. If the dwelling unit is greater than 3,000 square feet in area, two exit doors shall be required, each of which shall conform to this requirement.
e. Transient rentals shall be maintained in a clean and sanitary condition and free from hazards, which shall include meeting the following requirements:
1. There shall be no exposed wiring, improper wiring materials, or overloaded electrical circuits;
There shall be no permanent use of extension cords for appliances, heaters, lamps or other fixtures;
3. There shall be no leaking fixtures, clogged or leaking wastewater lines;
4. Faucets and fixtures shall be maintained in working conditions;
5. Showers, sinks and bathing facilities shall be clean and properly maintained;
6. There shall be no evidence of pest infestations;
7. If directed by the Fire Department, bedroom windows shall be operable to allow for emergency egress:
8. There shall be at least one window per bedroom, to allow for proper interior ventilation;
9. There shall be no accumulation of trash and/or debris on the site or within the unit;
10. All steps, stairways, decks and railings shall be stable and structurally sound;
11. All standard appliances, including but not limited to kitchen appliances, furnaces and water heaters, shall be operational;
12. Any hot tubs, pools and spas shall be fenced or equipped with an approved cover with locking mechanisms as required by State law, and shall be maintained in a safe and sanitary condition;
13. Any lofts or attic conversions shall be provided with acceptable exiting and head clearance; stairs or providing access to these areas shall be safe and Downloaded from https://ecode360.com/AV4054 on 2025-06-05 City of Avalon, CA
§ 3-1.317 § 3-1.317
structurally sound; and
14. Exits shall remain clear of storage, debris or impedance at all times. (9) The managing agency, agent, property manager, or owner of the unit whose name and local telephone number appears on the sign pursuant to subsection (b) of this section and/or who is identified in the Transient Rental License must maintain a physical presence within the geographical limits of the City of Avalon during the term of the transient rental unit lease in order to provide prompt response to complaints within 30 minutes of notification. Failure to be available or failure to answer the telephone shall be deemed the same as failure to respond.
(i)(k) Annual Minimum Stay. Any managing agency, agent, owner or property manager who rents one or more transient rentals shall be required to ensure a minimum stay of at least ten (10) three nights in each transient rental per calendar year.
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CITY OF AVALON CITY COUNCIL
MEETING DATE: July 15, 2025 AGENDA ITEM: 6
ORIGINATING DEP: Administration CITY MANAGER: DMUf
PREPARED BY: David Maistros, City Manager
SUBJECT: Short-Term Rental Legislative Measures
RECOMMENDED ACTION(S): Discuss potential fees, taxes and other legislative measures to regulate short-term rentals. Provide direction to Staff.
REPORT SUMMARY: On July 30, 2025, the approximate 24-month moratorium on the issuance of transient rental licenses will end. City Staff have proposed an amendment to the Article 3 of Chapter 1 of Title 3 of the Avalon Municipal Code (AMC) Modifying the Transient Rental Licensing System. If adopted at the August 5, 2025 regular City Council meeting, regulations will go into effect 30 days later.
Amendments to the ordinance were based on feedback gathered from community meetings, an analysis of other municipal ordinances, a community sentiment survey, and concurrence with the Planning Commission. Specifically, the City focused on addressing quality of life issues for residents, financial benefits and impacts to the local economy, and other sustainability and affordable housing impacts associated with transient rentals.
If approved, the following amendments to the Transient Rental License Ordinance include:
1. Modification of the regulatory guidelines to implement a revocation policy based on non- compliance with the City's noise ordinance, responsiveness of property manager to com- plaints, and the City's policies and procedures regarding trash, parking, etc.
2. Add the ability for the Planning Commission to consider as a basis of denial if applicant is a current owner of a short-term rental that has been in non-compliance with the AMC.
3. Require all short-term rental postings and advertisements to include the business's City of Avalon Business License Number.
4. Require the property manager to meet the guests) and review the City's rules and regu- lations at the rental property.
5. Require the property manager to respond to complaints received within 30 minute of no- tification.
6. Increase the annual minimum stay from three nights to ten nights per calendar year.
7. Require the property manager to be a City of Avalon Business License holder.
Also, during the moratorium period, City Staff worked to cull through more than 40 years of short- term rental historical documents in order to create a singular, short-term rental database.
City Staff has completed efforts to identify and revoke any existing, inactive or otherwise non- compliant short-term rental properties granted by either grandfathered status, Conditional Use Permit (CUP), or Transient Rental License (TRL).
Though initially 94 properties were brought before the Planning Commission for revocation, 31 properties challenged the revocation process, and two properties were found to have been previously revoked.
Fourteen properties from the initial revocation list were able to come into compliance either by providing proof of long-term lessee in the unit, or otherwise curing.
To date, either voluntarily, or by Planning Commission action, a total of 77 short-term rentals have been revoked, including:
- 20 grandfathered units
- 54 CUPs
- 3 TRLs
At the time this report was authored, the City has identified a total of 386 compliant short-term rental properties, including:
• 91 properties permitted by grandfathered use (including 9 banked units currently occupied by year-round renters),
• 267 properties permitted by CUP (including 13 banked units currently occupied by year- round renters), and
• 28 properties permitted by Transient Business License (including 1 banked units currently occupied by year-round renters).
Therefore, there are currently 363 active short term rentals and 23 inactive (banked) properties.
Of the 363 compliant properties, 32 reported the minimum activity (3 nights) leaving 331 active short-term rentals.
City Staff are continuing to analyze and monitor short-term rental properties. As properties are found in non-compliance, they will be brought before the Planning Commission for revocation.
Community feedback cited a need for a better regulatory process for short-term rental properties.
Utilizing the new database of rentals, in May, the City expanded its short-term rental monitoring contract with Host Compliance to establish a 24/7 call center to support and provide oversight of short-term rental complaints. The support line will provide a live notification system for property managers as well as track property manager responsiveness, and the number and nature of complaints filed for each property. City Staff is currently working with Host Compliance in the development of the call center. It is anticipated the 24/7 call center will be activated by Fall 2025.
In addition to better enforcement and regulation, members of the community have recommended establishing a cap to the number of short-term rentals in Avalon as well as a limit to the number of short-term rentals owned by an individual or entity. While a city-wide cap may be recommended by City Staff in the future, at this time, Staff does not recommend establishing a cap until further analysis can be performed and further processes can be developed such as management of any potential wait list. Staff is also confident the implementation of the 24/7 hotline will significantly increase enforcement efforts and quickly identify "bad actors" that will be subject to the revocation process.
Also, City Staff do not recommend establishing a cap on the number of short-term rental properties owned by an individual or entity. In the alternative, Staff recommends regulating multi- unit owners by including them to the list of considerations for denial by the Planning Commission as set forth in the proposed amendments to A.M.C. Section 3-1.310(f)(6). Though the City has made strides to increase the effectiveness of regulation and monitoring efforts, regulations limiting the number of rentals owned by an individual or entity would be administratively burdensome.
City Staff are currently performing an analysis of administrative costs associated with the regulation of the City's short-term rentals, permits and licenses. Once complete, Staff will provide a recommendation to the City Council to establish an annual TRL renewal fee or propose a tax for the consideration of Avalon voters to be imposed on all short-term rental income.
Funds from any established fee or tax would be used to support administrative efforts in enforcement of the Transient Rental License Ordinance and potentially help support the development of future affordable housing.
GOAL ALIGNMENT: Affordable housing.
FISCAL IMPACTS: To be determined.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: City Staff will not have direction on how to proceed in amending the AMC.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: None.
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 18, 2025 AGENDA ITEM: 1
ORIGINATING DEP: Administration CITY MANAGER: AMM
PREPARED BY: David Maistros, City Manager
SUBJECT: Cruise Ship Port Agreements
RECOMMENDED ACTION(S): 1. Discuss the potential terms set forth by Magical Cruise Manager to negotiate and execute Port Agreements incorporating the terms set forth.
REPORT SUMMARY: During the February 18, 2025 City Council Meeting, the City authorized the City Manager to execute a Term Sheet with Magical Cruise Company Ltd, dba Disney Cruise Lines. The City Council additionally authorized the City Manager to negotiate a Port Agreement with Disney Cruise Lines incorporating the terms as set forth in the approved Term Sheet.
The terms approved by the City Council established, among other items, an allowance for defined scheduling dates in the City of Avalon.
Currently there is no written policy regarding the scheduling of cruise ship anchorage requests. However, the City Council reviews and adopts a resolution semi-annually confirming guidelines that establish a framework by which cruise ships are approved to visit Avalon as a port of call. Per Resolution No. 24-34:
1. Number of regularly scheduled cruise ship vessels shall not exceed 3 per week during the Summer Season (Memorial Day to Labor Day) without final written approval of the City Manager.
2. No cruise ship vessels shall be allowed on the weekends during the Summer Season (Memorial Day to Labor Day) or during special event weekends - such as Jazz Traxx -without final written approval of the City Number of regularly scheduled cruise ship vessels shall not exceed 3 per week during the "Off Season" (Labor Day to Memorial Day) without final written approval of the City Manager.
Repositioning, infrequent, or small cruise ship vessels (1,000 passengers or less) may be considered for visitation by the Harbor Master, taking into account the day requested, holidays, events), harbor activity(ies), impacts to public safety, etc.
If the City were to establish Port Agreements with one of more entity, the dates and number of visits would comply with the regulations set forth in Resolution 24-34.
Since the February City Council Meeting, the City has been contacted by Carnival Cruise Lines and Royal Caribbean Group expressing an interest to enter into a Port Agreement as well. Negotiations have taken place with each cruise partner whereby the City requested proposals of "like terms" in order to evaluate the needs of the cruise line and the city.
The proposals of the entities include the following:
Carnival Cruise Disney Cruise Royal Caribbean
Line Line Group
Ship Passenger 3,000 approx. 2,700 approx. 3,800 approx.
Load
Preferred Date(s) Tuesday preferred Tuesdays and Monday and Shoulder Season Wednesday possible Saturdays Wednesday
Preferred Date(s) Tuesday or Tuesdays Wednesday
Summer Season Wednesday
Length of 5 years, with two 5 years, with two 3 years, with two Agreement additional 5 year additional 5 year additional 3 year options. options. options.
Proposed $7.50 wharfage, $7.50 wharfage, $7.50 wharfage Increase in Rate +$1.50/passenger +$1.50/passenger
CPI Adjusted intlationary indexes 2.5% increase/year 2.5% increase/year Rate during term'
Guaranteed n/a $1,080,000 $750,000 annually,
Minimum annually, or or 100,000 pax
120,000 pax
Longevity Calling #1 #3 #2
on Avalon
Community feedback has stated a preference for smaller capacity ships as it seems they provide an overall more enjoyable experience for passengers as well as other Island visitors and residents. The reduced crowds result in less congestion, greater activity opportunities, and quicker queuing at the Cabrillo Mole.
In addition to the terms set forth above, all three cruise lines have offered to work collaboratively with the City to identify areas of opportunity or need and provide support and expertise to assist the City in developing strategies regarding design and engineering services, industrial engineering services, quality guest service culture and processes training, and operational efficiency analysis. The exact scope of services to be provided will be formally memorialized either in the final port agreement, or by separate agreements) to be approved by the City Council.
With all three proposals being similar and preferred dates being limited it is important for Council to provide guidance and direction to statt to identity the most important aspects to address when selecting cruise line partner(s). Once the most important cruise partner criteria are established, staff will present definitive Port Agreements to Council for approval at a later date.
FISCAL IMPACTS: Staff anticipate the action may have a net neutral effect on future fiscal year wharfage revenue projections.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will not have a port agreement with Disney Cruise Lines.
FOLLOW UP ACTION: Negotiate an agreement to bring back to the City Council for approval.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: Resolution No. 24-34
RESOLUTION NO. 24-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON
ESTABLISHING GUIDELINES FOR THE APPROVAL OF CRUISE SHIPS TO VISIT AVALON FOR 2025-2027
WHEREAS, the City of Avalon is a premier island destination for cruise ship vessels in Southern California; and
WHEREAS, the City of Avalon receives cruise ship passengers at facilities publically owned and operated; and
WHEREAS, cruise ship vessels and passengers, respectively, pay wharfage fees, and other taxes and fees as applicable to the City of Avalon; and WHEREAS, the City of Avalon wishes to establish by resolution guidelines for the approval process required by cruise ships wishing to visit Avalon; and WHEREAS , the City of Avalon City Council will review and reapprove the established guidelines every two years.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVALON:
1. Number of regularly scheduled cruise ship vessels shall not exceed 3 per week during the Summer Season (Memorial Day to Labor Day) without final written approval of the Harbor Master and City Manager.
2. No cruise ship vessels shall be allowed on the weekends during the Summer Season (Memorial Day to Labor Day) or during special event weekends - such as Jazz Trax -without final written approval of the Harbor Master and City Manager.
3. Number of regularly scheduled cruise ship vessels shall not exceed 3 per week during the "Off Season" (Labor Day to Memorial Day) without final written approval of the Harbor Master and City Manager.
4. Repositioning, infrequent, or small cruise ship vessels (1,000 passengers or less) may be considered for visitation by the Harbor Master, taking into account the day requested, holidays, events), harbor activity(ies), impacts to public safety, etc.
5. The Harbor Master and Finance Director will provide an annual report on cruise ship vessels that includes the number of vessels that visit Avalon, number of passengers, amount of wharfage collected, any safety or security incidents that may have occurred while the ship was in port, as well as projections and scheduling information for the next year.
6. Guidelines shall be reviewed and re-established by a City Council adopted resolution based on the findings of the annual reports.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon this 3id day of September, 2024, by the following vote:
AYES: Mayor Marshall, Councilmembers De La Rosa and Ponce.
NOES: Councilmember Schickling.
ABSTAIN: Councilmember Lavelle.
ABSENT: None.
Our h marshall
Ann H. Marshall, Mayor
City of Avalon, California
ATTEST:
Dabille Mernes
Gabrielle Morones, City Clerk
City of Avalon, California
CITY OF AVALON CITY COUNCIL
MEETING DATE: July 15, 2025 AGENDA ITEM: 8
ORIGINATING DEP: City Attorney CITY MANAGER: AMM
PREPARED BY: Scott Campbell, City Attorney
SUBJECT: Options for City Council in Considering Tenant Protection and Rent Control Measures
RECOMMENDED ACTION(S): Consider and discuss tenant protections and rent control options available under State law, and provide direction to City of Avalon ("City") staff to evaluate and report back on any desired local options available to the City.
REPORT SUMMARY: The purpose of this staff report is to provide the City Council with information on State law as it relates to tenant protections and rent control, and provide examples of what other cities have codified locally so the City Council may consider what policy options it is interested in exploring for Avalon. The Tenant Protection Act of 2019 provides the statewide baseline for tenant protections. That baseline can be raised by the City, as long as it is done in compliance with Costa-Hawkins, which places limits on the kinds of tenant protections a locality may adopt.
City of Avalon's Municipal Code and Existing Tenant Protections The City currently has no specific provisions in the Avalon Municipal Code ("AMC") that impose City-created rent control (also known as "rent stabilization"). Chapter 9-11 of the AMC includes City-specific Affordable Housing requirements. The purpose of Chapter 9-11 is meant to "[e]ncourage the availability of dignified, safe, and affordable workforce housing within the City of Avalon by promoting development of decent living environments and removing unnecessary barriers to such development." (AMC 9-11.101(c).) This includes a City inclusionary housing requirement to construct a percentage of affordable housing as part of any new residential development. Specifically, for any new residential development creating five or more for-sale or rental units, developers are required to set aside at least 20% of those units at an affordable rent or cost (pursuant to State income limits). However, these City requirements are only applicable to new commercial or residential development, and do not provide tenant protections or affordability controls for existing housing stock.
II. State Law: The Tenant Protection Act of 2019 and Its Subsequent Changes 2019 Framework, the Tenant Protection Act
In 2019, the State Legislature approved and the Governor signed Assembly Bill 1482, the Tenant Protection Act (the "Act"). The Act set the "floor" with a series of new tenant protection measures that must be followed by all California landlords. However, cities can go above that "floor" in setting more protective local controls for its tenants.
The Act broadly prevents landlords from terminating or declining to renew leases with tenants of at least a year without "just cause," as defined under California Civil Code section 1946.2 "Just cause" is divided into two categories, "no-fault" termination and "at-fault" termination, which each have their own eligibility criteria and protections for tenants. The information below is meant to provide a non-exhaustive summary of the provisions under the Act. Importantly, when a landlord evicts a tenant under no-fault just cause, the landlord must pay relocation assistance equal to one-month's rent, regardless of tenant income'. As described in additional detail below, a number of cities have required more significant relocation benefits than one- month, and expanded the types of evictions eligible for relocation benefits. • No-Fault Termination: includes but is not limited to, withdrawal of the unit from the rental market; or an intent to demolish or "substantially remodel" the residential property.
• The definition of a "substantial remodel" that qualifies as a no-fault termination includes:
• when the remodel "cannot be reasonably accomplished in a safe manner" with the tenant present, and requires the tenant to vacate for at least 30 consecutive days, and either:
• (1) replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit; or • (2) the abatement of hazardous materials.
• At-Fault Termination: includes but is not limited to, instances where tenant is in default on rent; breach of any material term of the lease (generally after landlord issues a written notice to correct); and a nuisance as defined under State law (including unlawful possession of weapons and the manufacture, cultivation, or possession for sale of controlled substances).
The Act also includes a statewide "floor" of rent control. Specifically, State law limits rent increases over a 12-month period, with a maximum increase of no more than 5% plus the lowcentage change in the Consumer Price Index ("CPI), or 10% percent, whichever is It is important to note there are a series of exemptions from the applicability of the Act written into State law. Specifically, certain housing types that are not subject to State law tenant protections, which include: affordable housing restricted by deed or subject to existing rent or price controls; dormitories; single-family, owner-occupied residences; housing less than 15 years old; and some mobilehomes.
B. State Law Amendments Strengthening the Act (SB 567)
' To be eligible, a tenant must have continuously and lawfully occupied a residential real property for 12 months or more.
Senate Bill 567, which became operative on April 1, 2024, tightened the rules for no-fault just cause evictions, substantial remodels and rent increases. SB 567 created stricter enforcement rules to reduce the ability of landlords to evict tenants and then rent out the unit at market rate.
For an eviction by the landlord because the landlord or their family member will be moving into a dwelling unit with an existing tenant (a type of no-fault just cause eviction), the landlord or family member must not already live on the property or have access to another vacant unit on the property. The landlord or family member also must move in within 90 days of the tenant moving out, and stay in the unit for at least a year. Tenants have the right to know the relationship of any family member who is moving in, and can request proof. A vacating tenant is also given the opportunity to move back in at the same rent rate, along with moving expenses, if the landlord or family member does not move in within the specified timeframe or fails to stay for the full year.
For substantial remodels, landlords must provide a detailed notice outlining the work to be done, any necessary permits, and inform tenants that they can return to their units if the work is not completed or if they do not need to vacate during certain days.
Regarding the Act's rent control provisions, SB 567 introduced penalties for landlords who collect rent above the maximum allowed, based on the rent amount that was overcharged, that may also include attorneys' fees and court costs. A landlord may also be penalized up to three times the amount of charged rent, if they acted willfully or with malice. They may also be liable for damages. These new laws did not change the existing law on rent control or allowable rent increases under the Act.
It is important to note that as a general rule, the State-adopted Costa-Hawkins Rental Housing Act ("Costa-Hawkins") limits the extent to which cities and counties can enact rent control or rent stabilization ordinances. Specifically, the City of Avalon could only adopt a rent control measure that applies to apartments that received their certificate of occupancy before February 1, 1995. Tenant protections therefore generally cannot be applied to single family homes or condominiums unless a limited exception to Costa-Hawkins applies (e.g. owned by a corporation, real estate investment trust, or an LLC with corporate ownership). Costa Hawkins allows only the owner/landlord, and not local government, to set the rental rates for units that received certificates of occupancy after February 1, 19952. Additionally, cities and counties can legislate only on the allowed percentage of rental increases as to existing tenants, and may not limit the initial rental rate to new tenants except under limited circumstances.
Cities and counties can regulate initial rental rates if (1) the tenancy was terminated with 30 or 60-day notice or due to a change in the terms of the tenancy other than those permitted by law, (2) the landlord terminates or fails to renew a contract or recorded agreement for a rent limitation with a government agency, or (3) the regulation is to permit tenants with permanent physical disabilities to move to accessible units and the property being regulated is already subject to the local rent control ordinance. For those reasons, in all the cities and counties with rent control ordinances that are described below, any time a tenant voluntarily moves out, the landlord is permitted to set the new rent without restriction, based on the new tenancy. 2 See California Civil Code section 1954.52
3 See California Civil Code section 1954.53
On November 5', 2024, California voters rejected Proposition 33, which would have eliminated Costa-Hawkins and given cities and counties more rent control authority while also preventing the State from taking future actions that limit local rent control.
C. New California Laws with Additional Tenant Protections There are two, additional new laws aimed at improving housing security and protecting tenants from unfair evictions and rent increases that are described briefly below. • AB 12 and AB 2801: Limits the security deposit landlords can collect after July 1, 2024, to a maximum of one month's rent, regardless of whether the rental property is furnished or unfurnished. An exception is made for "small property" owners that are natural persons or limited liability companies where all members are natural persons and own no more than two residential rental properties comprising of four or fewer units. This exception does not apply to security deposits for active service members.
• AB 1418: Prevents local governments from adopting regulations that encourage evicting tenants based on calls to law enforcement, alleged criminal activity, or other alleged nuisances. AB 1418 also prohibits local governments from requiring or encouraging landlords to conduct criminal background checks when screening tenants. Additionally, local governments are prohibited from enacting an ordinance that defines a nuisance as contact with law enforcement. • AB 2347: Gives tenants five additional days to respond to a notice of unlawful detainer (eviction notice).
• AB 2493: Prohibits landlords from charging application screening fees when they know or should know that no rental units are available. A landlord can only charge an application screening fee if the landlord uses an application screening process that complies with certain statutory requirements. • AB 2801: Limits the claims that a landlord can bring against a tenant for restoring a property to what is necessary to return the property to its pre-tenancy condition.
Beginning on July 1, 2025, landlords must take photographs of a rental unit at the beginning and end of the tenancy to show the need for any repairs or cleanings that the tenant is charged for.
• SB 267: Prohibits the use of an applicant's credit history as part of the application process for a rental housing accommodation without offering alternative options for verifying the applicant's ability to pay rent.
• SB 611: Prohibits charging tenants fees for using checks to pay rent or security deposits or for delivering a notice of termination. If a tenant is a military service member and is charged a higher than standard amount for a security deposit, the landlord must provide a written explanation of the need for a higher amount and return the additional amount to the tenant after 6 months if the tenant is not in arrears for any rent.
III. Examples of Tenant Protection and Rent Control Actions Taken by Other Cities The City Council may provide direction to codify requirements set out under State law so Avalon may take local, administrative enforcement action, including issuing administrative citations that include City approved penalty amounts, or adding local civil or criminal remedies.
The City Council may also provide direction for City staff to evaluate - for possible future review and adoption - more protective local tenant protection and rent control actions. Below are examples of what a number of other cities have done, that can serve as a reference point for what may be of interest to Avalon. All tenant protections listed below are permissible under the Costa-Hawkins Act.
A majority of the cities cited below are charter cities. Charter cities have greater authority to govern themselves than a general law city, like Avalon. However, and as described above, the Tenant Protection Act and related State laws provide the "floor," not the ceiling. State law allows local tenant protection and/or rent control ordinances so long as they provide the same or better protections for tenants, with corresponding findings that the local ordinance is both consistent and "more protective" than State law. This is true for both charter cities and general law cities.
Accordingly, should Council provide direction to evaluate rent control in the City of Avalon, the City's ordinance can be more protective than the "floor" set out under the Act, should ensure a process by which landlords can petition (appeal) the City to increase the otherwise allowable rent increase for a fair return of investment, and finally, upon direction, our office will ensure the proposed local ordinance is otherwise consistent and not preempted by any State or Federal law (including Costa-Hawkins). Any adopted ordinance should also evidence the City's interest in promoting long-term stability and certainty for renters, in addition to any other Avalon-specific public purposes.
Whatever direction the City Council provides, City staff will work with the City Attorney's Office to ensure any proposed policy change on tenant protections and/or rent control that come back to the City Council are vetted consistent with State law.
A. Examples of Locally-adopted Rent Control/Rent Stabilization Ordinances • Culver City. Culver City has adopted a series of more expansive rent control and tenant protections than under State law. For relocation assistance, Culver City requires a relocation fee to be the greater of three times the tenant's current monthly rent or an amount established U.S. Department of Housing and Urban Development ("HUD") formula that is based on fair market rent.
Culver City does not allow no-fault just cause eviction when the tenant is 62 years or older, is disabled or terminally ill, is a qualifying low-income tenant under State income limits, or when the tenant has school-aged children who are protected from eviction during the school year term.
Culver City caps annual rent increases at no more than 5% annually. However, if the percentage change to the consumer price index ("CPI") on an annual basis is less than 2%, rent increases in Culver City may not exceed 2% that year. If CPI is greater than 5%, the annual 5% cap still applies and no increase may exceed that percentage.
There are exemptions, including but not limited to, when State or Federal law expressly exempts the unit from price control and when the landlord receives government subsidies for the unit. Importantly, Culver City's rent control measures apply only to otherwise eligible units that received their certificate of occupancy before February 1, 1995. This threshold date is within local rent control measures, since it is controlled under State law (see discussion above on Costa-Hawkins).
Similar to other cities and regulations discussed in additional detail below, landlords may petition the city if they believe the rent control regulations prevent them from earning a fair return on their property investment.
For no-fault terminations, such as property demolition or when a landlord or their relative is moving in, Culver City requires landlords to pay relocation assistance. This amount is typically three times the monthly rent plus an additional $1,000. Small landlords, defined as those owning three or fewer units, are required to pay less.
Landlords can deduct any past due rent from the relocation payment.
Landlords in Culver City must also register their rental units annually with the city, and pay an annual fee per rental unit. Culver City's annual fee is established by City Council resolution, meant to recover the City's reasonable costs managing the program (similar to other cities with annual registration fees, described below). A penalty is imposed for late registration, and Culver City has enforcement mechanisms in place to ensure compliance. This includes issuing administrative citations with fines of up to $1,000 per day. Culver City may also bring civil actions against landlords who violate these regulations.
• City of Los Angeles. In 2021, the City of Los Angeles enacted an ordinance prohibiting landlords of all rental units, regardless of rent control status under Costa- Hawkins, from engaging in abusive or harassing behavior towards tenants including removing housing services provided in the lease, threatening to disclose a tenant's citizen status, withholding repairs, refusing to accept rent payment, and other bad faith behavior. The ordinance includes a private right of action for tenants to enforce violations against their landlords and mandatory damages. • County of Los Angeles. The County of Los Angeles imposed rent control on units in unincorporated areas of the county via an ordinance in 2018, and have been expanding and refining its codified provisions since that time. The County's Department of Consumer and Business Affairs ("County Department") is responsible for the calculation of the annual, allowable rent increase, for evaluating landlord petitions seeking a higher increase based on a fair return of investment theory, and also runs the County registry.
The County Department promulgates the necessary procedures and guidelines for how the program is run.
The County of Los Angeles has rent control limits for qualifying rental units, and separately for "luxury units" as defined. A "luxury unit" has 2-bedrooms or less, is located in a complex with at least 25 dwelling units, and, as of September 11, 2018, charges more than $4,000 per month in rent. Over calendar year 2023, an annual rent increase was limited to 5% for luxury units. Currently, the annual rent increase shall not exceed 10% for luxury units, though the County Department retains the ability to amend that percentage in the future.
Only one rent increase is allowed over a 12-month period, and any rent paid in excess of the local ordinance must be reimbursed to the tenant. Units subject to the county's rent control are required to be within buildings with two or more units, and for the reasons discussed above, must have received their Certificate of Occupancy (or equivalent) on or before February 1, 1995.
For all non-"luxury units" subject to rent control, the formula is calculated by the County Department annually based on the following evaluation of the Consumer Price Index ("CPI") for the Los Angeles-Riverside-Orange County, California area:
• 1. If the change in CPI is eight percent (8%) or higher, the maximum allowable annual rent increase will be eight percent (8%);
• 2. If the change in CPI is between three percent (3%) and eight percent (8%), the maximum allowable annual rent increase will be equal to the change in CPI; • 3. If the change in CPI is between one percent (1%) and three percent (3%), the maximum allowable annual rent increase will be equal to three percent (3%);
4. If the change in CPI is between negative two percent (-2%) and one percent (1%), the maximum allowable annual rent increase will be equal to the change in CPI plus two percent (2%); and
• 5. If the change in CPI is less than negative two percent (-2%), no annual rent increase is permitted.
However, for calendar year 2024, the county's ordinance limits the maximum allowable rent increase permitted to 4%. Additionally, the Board of Supervisors, by a 3-2 vote this past June, provided additional direction for staff to evaluate a more tenant- protective rent cap of 3% for qualifying rental unit, with 4% permitted for smaller property owners, and 5% for luxury units4
Landlords may file an application with the County Department if they do not believe they are receiving a fair and reasonable return on their investment based on the allowable rent increase. The Los Angeles County Code includes a rebuttal presumption that the 4 See https://www.latimes.com/california/story/2024-06-05/la-county-advances-plan-to-cap-rent-hikes (June 5, 2024).
rent increase is fair and reasonable, and the landlord has the burden to prove the necessity of any additional rent increase to earn a fair and reasonable return. The county evaluates a number of factors to determine whether the landlord has proven the burden to increase rent above the set formula, including but not limited to: rental history; changes in property taxes; improvements made to the rental property and its overall physical condition; and decreases in net operating income. The landlord must provide notice to its tenants) when they file a request with the county to increase above the applicable rent cap. Tenants may also file an application with the county if they believe they are owed in an adjustment in their monthly rent obligation.
A landlord must register each rental unit with the county annually, and the county may require the landlord to also register all housing services available to the tenant at that time. The landlord must pay an annual registration fee adopted by the Board of Supervisors sufficient to cover operating costs to the county to implement, administer and enforce its rent stabilization and tenant protection laws. Currently, that amount is $90 per rent stabilized unit, with a 10% late penalty. Landlords are permitted to recover up to 50% of those costs from their tenants, provided they provide timely notice and otherwise compliant.
• Santa Ana. Beginning in 2021, Santa Ana limited annual rent increases to no more than 3% of the current rent, or 80% of the change in the Consumer Price Index, whichever is less. If the change in the CPI is negative, no rent increase is allowed Currently, 3% is the maximum allowable rent increase "for the period of September 1, 2024 through August 31, 2025," based on applicable CPI.5 The City announces the allowable rent increase amount no later than June 30 of each year. Like other jurisdictions described herein, Santa Ana's rent control provisions do not apply to units exempt under Costa-Hawkins (including units that received a certificate of occupancy after February 1, 1995).
Santa Ana included findings within its adopted ordinance that a CPI-based increase provides a just and reasonable return on landlord's property, adopted to: "encourage good management, reward etticiency, and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the purpose of curtailing excessive Rents and rental increases." Santa Ana does allow a landlord to submit a petition to the Rent Stabilization Program Administrator (a role selected by the City Manager), requesting a rent increase in excess of what is otherwise allowed. In evaluating a petition, the Program Administrator appoints an impartial hearing officer, who looks to many of the same factors utilized in other jurisdictions (rental history; changes in property taxes; the need for repairs, etc.).
In addition, a Santa Ana hearing officer may evaluate changes in utility charges, reasonable operating expenses, and compare the rent lawfully charged to comparable rental units in the City of Santa Ana in making their determination. 5 https://www.santa-ana.org/departments/rent-stabilization/ Landlords may also submit a "Capital Improvement Petition" to the Program Administrator seeking a pass-through of certain costs to tenants to construct capital improvements in the unit. Such capital improvements include but are not limited to structural, electrical, plumbing, or mechanism systems; roofing; carpeting; and air conditioning systems. Santa Ana requires that pass-through costs must be calculated by looking at the amortization over the useful life of the improvement, but in no instance may the cost exceed 10% of the current rent.
• Santa Barbara. The City of Santa Barbara has an ordinance that provides in the case of a no-fault eviction based on substantial remodel, the tenant must receive a written, independent opinion from a licensed construction expert that the remodel cannot be completed safely with the tenant in the unit and would require the tenant to vacate the unit for at least 30 consecutive days. The ordinance also prohibits a landlord that recently purchased a property with five or more rental units from issuing no-fault evictions notices within a year of acquiring the property. • Ojai. The City of Ojai's ordinance limits annual rent increases to 4%, which the City finds provides a just and reasonable return on a landlord's property, and includes the same public purpose as Santa Ana (e.g. the rent cap encourage good management, rewards efficiency, and discourage the flight of capital. Ojai, like other jurisdictions described above, allows landlords to petition the city for an additional increase as necessary for their reasonable return on investment. The landlord must provide notice to the tenant of their petition, and the landlord is responsible for all costs associated with Ojai's review of that rent adjustment petition. In Ojai, the Community Development Director holds a noticed public hearing within 60 days following the submittal of a complete petition, and the Director's decision is ultimately appealable to the Planning Commission.
• Sacramento. The City of Sacramento follows the Act and applicable State law as it relates to rent control: an annual increase can be 5% plus the percentage change in the annual cost of living. Similar to other jurisdictions, Sacramento also includes the right of a landlord to petition for a higher amount than the annual rent adjustment. In Sacramento, the landlord must demonstrate by a preponderance of the evidence that such an adjustment is necessary to provide the landlord a fair rate of return. A hearing examiner looks at a series of factors in considering the petition, some of which overlap with other jurisdictions, including but not limited to: change in property taxes; unavoidable increases or decreases in maintenance and operating expenses; planned improvements or deterioration of the unit; and (specific to Sacramento) any change in number of tenants and compliance with Sacramento's Housing Services.
Sacramento, similar to other jurisdictions, sets the annual tenant protection program fee, as established by the city council an annual basis to fund the city's costs. In Sacramento, the City Manager is empowered to adopt administrative procedures to implement the rent control obligations.
B. Examples of Other Tenant Protections, Adopted Locally:
• Long Beach. The City of Long Beach offers increased relocation payments for any tenants displaced due to City's code enforcement activities; for instance, when the Building Official issues a notice to vacate for necessary repairs of the unit. Finding that low income tenants were most at risk of being displaced for substantial repairs, remodels or demolition, Long Beach requires relocation benefits in the amount of $3,366.00 per household, with additional payments due when the tenant is disabled.
Additionally, Long Beach imposes a penalty, in an amount not to exceed $10,000, for failure to make timely, required relocation payments on a specific property with a displaced tenant.
• Pasadena. Pasadena includes heightened relocation benefits for tenants that are in "good standing" (generally meaning the tenant is not in breach of their rental agreement) in households at or below 140% of the median income. In that instance, landlords are required to provide two and half months in fair market rents as established by the U.S. Department of Housing and Urban Development ("HUD), for a rental unit of a similar size. Pasadena also requires landlords pay a $1,306.00 moving expense for adult households, or $3,935.00 for households with dependents, disabled, or senior members®. . There are exceptions from these relocation requirements for single family homes and condominium units.
Pasadena also offers temporary relocation benefits if a landlord is required to temporarily (less than 120 days) recover possession of a rental unit. In those instances, the tenant should be paid an amount based on a daily rate equal to two (2) times the daily pro-rata portion of the rental rate. The landlord must also pay actual costs associated with moving and storage.
FISCAL IMPACTS: None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will still follow the requirements of State law, including the Tenant Protection Act, and its existing Municipal Code requirements, but will not provide direction to explore additional tenant protections.
FOLLOW UP ACTION: That the City Council provide City staff with direction regarding what, if any, tenant protections and/or rent control measures that are permissible under State law should be explored for the City of Avalon.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: Prior presentations to the City Council regarding tenant protections. 6 These figures have automatically increased annually since the time Pasadena's ordinance was adopted BBK
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Tenant Protections: Avalon's Statutory
Authority and Local Options
Presented By: Isaac Rosen
August 15, 2023 City Council Meeting
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What has been done elsewhere
A. Potential Local Provisions
Possible Next Steps for Avalon
Rent Control until 2030
At-fault vs. No-fault terminations; relocation requirements Local Code, Tenant Protection Act of 2019
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Local Code, State Authority for Tenant Protections BBK
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Avalon Municipal Code: Rental Inclusionary Housing requirements (AMC 9-11.104); but no local protections for renters not covered by those provisions.
Tenant Protection Act of 2019 (AB 1482):
• Restrictions on Termination (At-fault vs. No-fault termination); and Relocation Benefits for No-Fault: 1-month rent
Broad Exemptions existing income restricted housing; transient housing; units < 15 years; condos)
Sets Statewide Rent Control (until 2030):
Once a year: Only one rent increase in any 12-month period; or multiple increases that do not exceed the maximum allowable annual rent increase;
Maximum rent increase based on changes to Consumer Price Index ("CPI"): between 5-10% with CPI change.
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Tenant Protection Act of 2019 BBK
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Termination Obligations at eviction: No-fault termination requires 1-month's rent owed as relocation assistance (At-fault termination: no relocation, follows procedure to evict), when tenants have occupied for 1-year or more (or one or more tenant has occupied for 2-years or more):
No-fault termination: (e.g. intent to owner-occupy; withdrawal of the unit from the rental market; law or order that requires vacating the parcel; intent to demolish or substantially remodel the residential real property; etc.)
Substantial remodel (Civil Code 1946.2 (a)(2)(D)(ii)): replacement or substantial modification... that requires a permit; abatement of hazardous materials ... that requires tenant to vacate for > 30 days (not cosmetic improvements alone
At-fault termination: (e.g. rent default, material breach, nuisance, waste, unwillingness to execute a written extension, criminal activity, assigning or subletting, refusing to allow the owner to enter the residential property)
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Tenant Protection Act of 2019 BBK
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Relocation Benefits: Owner must notify tenant of their relocation rights for no-fault terminatioNs ATLAw Exemptions (not covered by the Act):
Transient and tourist hotel occupancies;
Housing accommodations within: nonprofit hospitals; religious facilities; extended care facilities; licensed residential care facilities for elderly/adults;
Dormitories;
Housing where tenant shares bathroom or kitchen facilities with the owner-occupied primary residence; Single-family owner-occupied residences;
Duplexes (w/ owner's principal place of residency);
Housing less than 15 years old;
Residential real property (including a mobilehome) that is separate from title to any other dwelling unit, so long as owner is not: a real estate investment trust; corporation; LLC BBKLAW.COM
Tenant Protection Act of 2019 BBK
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Rent Increase: Over a 12-month period, maximum increase is no more than 5% plus the percentage change of the Consumer Price Index, or 10%, whichever is lower.
Exemptions (not covered by the Act):
Affordable housing restricted by deed or housing subject to existing rent or price controls; Dormitories;
Single-family owner-occupied residences;
Housing less than 15 years old;
Residential real property (including a mobilehome) that is separate from title to any other dwelling unit, so long as owner is not: a real estate investment trust; corporation; LLC BBKLAW.COM
City's Options to Craft Local Tenant Protections BBK
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Tenant Protection Act is the floor, not ceiling: City can provide the same or better protections for tenants with findings that local ordinance is more protective.
Examples from other jurisdictions:
Long Beach;
Culver City;
Pasadena;
Palm Springs;
West Hollywood.
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City's Options to Craft Local Tenant Protections BBK
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Common/Potential Local Tenant Protections:
• Narrow no-fault termination, including eliminating the substantial-remodel basis for no- fault just cause;
Expand tenant protections to other types of dwelling units (i.e. newer units); Increase the amount of relocation assistance (e.g. 3 or 4 months' worth of rent); Impose rent control (limit the amount that could be charged in 12-month period); and Form a rental board to hear evidence and consider rent control issues.
In other jurisdictions, retains the right to evict a tenant based on at-fault terminations.
Local, enhanced measures could be limited to certain multi-family dwellings with a minimum or maximum number of units.
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Other Jurisdictions: What has been BBK
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Long Beach:
City Council adopted an urgency ordinance that temporarily removed a no-fault termination based on a substantial remodel.
Higher relocation assistance for substantial remodel: Owner can choose to waive last month's rent; or, for relocation "the greater of $4,500 or two months of the tenant's rent that was in effect when the owner issued the notice to terminate the tenancy." BBKLAW.COM
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Culver City (rent control):
Only one increase in 12-month increase (or cumulative rent increases) that cannot exceed annual changes to Consumer Price Index (CPI): If CPI change is less than 2%, rent increases may not exceed 2%; If CPI change is greater than 5%, maximum rent increase permitted is 5%.
•Exemptions: State or Federal law expressly exempt the unit; units was certified for occupancy after 2/1/1995; units that can be separately owned (single-family home; townhomes; condos); unit is part of a subdivision; landlord received government subsidy.
Rates may be re-established when tenant voluntarily vacates, evictions are for just cause (at- fault or some no-fault grounds)
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Culver City (tenant protections):
Relocation payment owed for "no fault" terminations: three times (3x) monthly rent or market rate of unit, plus $1,000, with limited exceptions.
Landlord may deduct past due rent.
"Small landlords" (defined as those owning 3 units or less within and outside of Culver City) shall only pay 50% of the amount of relocation assistance otherwise due.
No fault terminations: demolish; remove from rental market; move-in landlord or landlord's relative, provided they must continue to occupy property for at least 3 years; comply with deed or regulatory restriction; comply with government or other order necessitating the vacancy.
Tenants protected from eviction: long-term tenants who are 62 years old or disabled; terminally ill tenants; low-income tenants; tenants with school-aged children protected during the school year. 11 BBKLAW.COM
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Culver City (Penalties & Petitions):
Rent registry: $167 per unit, per year. $15 fee for change in ownership. Penalty:
20% late fee first day of each month following annual due date, up to a maximum of 100% (identical penalty for complete failure to register a unit) Petitions: Landlords can seek to petition against applicability of City's ordinances to receive a "fair and reasonable return" on their property investment.
City can issue administrative citations (up to $1,000 a day), bring civil actions against offending property owners.
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Pasadena: heightened relocation benefits
Tenants "in good standing" at or below 140% of median income receive (unless exception applies):
relocation allowance equal to 2 ½ months' Fair Market Rents as determined by HUD based on rental units of a similar size;
Moving expense allowance in the amount of $1,449 for adult households or $4,372 for households with dependents, disabled, or senior members (amounts increase automatically).
Receive enhanced relocation allowance and moving expenses when tenant has been in unit more than 10-years Relocation triggered: demolition; permanent removal of unit from the rental market; occupancy by landlord or landlord's family member; government order to vacate; change of ownership of the rental unit that results in a rent increase exceeding annual CPI increase plus 5% in a year.
Temporary relocation (not to exceed 120 days): Daily pro rata rent amount, doubled, plus moving and storage fees.
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Palm Springs:
Maximum Rent Increase: ballot measure approved in 1980 (expanded in 1990): rents are limited to 75% of the increase in the Consumer Price Index for the City of Los Angeles over a 12-month period
Exceptions: units built after 1979; commercial units; 4-units or less where owner occupies 1 unit; transient rentals; nonprofits; units with subsidized rent; RV parks; etc. "Base Rent": what the unit was charging on September 1, 1979.
Hardship waivers: landlords can seek a hardship waiver from the Rent Review Commission Rent Stabilization: units not subject to above approved ballot measures: rent increases shall not exceed 10% or 5% plus Consumer Price Index change, whichever is lower over 12- month period (landlord can file a fair return petition for rent increase) 14 BBKLAW.COM
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Palm Springs:
Rent Review Commission: 5-member Rent Review Commission appointed by, and serving at the pleasure of, the City Council. Residents of the City, cannot have landlords or tenants of rental units subject to the voter-approved rent control ordinance.
Powers and duties: to consider administratively requests of tenants, landlords, or other interested parties re: interpretations of City's rent control measures; alleged violations by landlords; hardship adjustments/reasonable rate of return requests by landlords (can authorize rent increases)
Reports & Standards: semiannual written reports and recommendations to the City Council, adopt administrative rules of procedure regarding the hearings.
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West Hollywood:
Rent Stabilization Ordinance (RSO), complicated calculations on Maximum Allowable Rent:
Move in before 1979: either multi-family (more than 1-unit w/ Certificate of Occupancy before 7/1/1979); or 1 unit w/ CoO before 7/1/79 and occupant moved in before 1/1/1996. Maximum Allowable Rent (MAR) is based on the move-in date with a 10% total increase that can be charged for any vacancy.
Tenants moved in between 1/1/96-12/31/18: Annual general adjustment allowed, established by Rent Stabilization Commission once annually, and MAR can only be increased if unit in substantial compliance with RSO (proper registration, re-registration with new tenants; fees paid by landlord) Post 1/1/1999: MAR established with the beginning of the tenancy, MAR can only be increased once a year by the amount determined by the Commission.
Notice: Municipal Code requires a 30 or 60 day notice from landlord to tenant if increasing rent subject to the amount determined by the Commission. For 2023, the total rent increase was 2.50% (with a $6 registration fee).
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West Hollywood:
Just Cause Eviction: nearly all residential units subject to eviction provisions, not just RSO, for only the following reasons: Nonpayment of rent; substantial violation of lease terms; nuisance (causing damage to the unit); illegal uses (including short-term rental); refusal to provide access; subtenants; owner intends to live in unit; etc.
Landlord cannot evict if a comparable unit in the building is already vacant and available.
Rent Stabilization Commission: Empowered to promulgate regulations; publish allowable increases; verify eligibility; hold hearings for a rent adjustment application in a rental complex (landlord or tenants); landlord can petition Commission for a rent adjustment to "permit a just and reasonable return."
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