AVALON CITY COUNCIL MEETING
TUESDAY, AUGUST 19, 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 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
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 August 5, 2025 regular City Council Meeting.
Warrants
Expenditures Submitted for Approval:
• US Bank General Account totaling $637,121.14.
• one payroll totaling $287,391.35.
• electronic fund transfers totaling $8, 193.07.
Recommended Action
Approve the disbursements for July 28, 2025 through August 8, 2025 totaling $932,705.56.
CITY COUNCIL AGENDA
AUGUST 19, 2025
PAGE 2
3. League of California Cities Annual Voting Delegate
The Annual League of California Cities Conference will be held in Long Beach, California from October 8 to 10, 2025. An important part of the conference is the Annual Business Meeting. At this business meeting, the League membership considers and takes action on resolutions that establish League Policy. In order to vote at the Business Meeting, City Council must designate a voting delegate and an alternate voting delegate.
Recommended Action
Adopt a resolution appointing Mayor Marshall as the voting delegate and Mayor Pro Tem Lisa Lavelle as an alternate voting delegate for the Annual League of California Cities Conference in October 2025.
PUBLIC HEARING
4. Appeal of Residential Vehicle Permit Transfer - Gabriel Saldaña On February 19, 2025, Gabriel Saldaña applied for the transfer of a Residential Vehicle Permit (blue sticker) from grandfather Lolo Saldaña issued prior to April 18, 1989. On June 6, 2025, the Vehicle Hearing Officer considered the application and denied the transfer due to Avalon Municipal Code (AMC) §4-4-1707 which specifically addresses the transfers to "spouse or child of the deceased" and does not include grandchildren.
Recommended Action
1. Open the Public Hearing. 2. Receive Public Comment. 3. Close the Public Hearing. 4.
Consider applicants appeal and determine to either: a.) Uphold the decision of the Vehicle Hearing Officer, or b.) Overturn the decision of the Vehicle Hearing Officer.
GENERAL BUSINESS
5. Approval of Encroachment Permit for Private Improvement within the Public Right-of-Way at 238 Marilla Ave.
An application for an Encroachment Permit was submitted by property owner Steve Jones for the property located at 238 Marilla Ave. The application was received on July 29, 2025, and proposes to construct private improvements within the adjacent public-right-of-way (R.O.W.).
Recommended Action
1. Approve encroachment permit at 238 Marilla Ave for the construction of private improvements including new stairs, two off-street golf cart parking spaces, and a waste/recycle can enclosure. 2. Authorize City Manager or his designee to approve to finalize and execute the encroachment permit, associated recordable maintenance covenant/easement, and to negotiate with the property owners the amounts of the required bond and liability insurance.
CITY COUNCIL AGENDA
AUGUST 19, 2025
PAGE 3
Supplemental Fee Agreement for the Pebbly Beach Landfill Site Life Optimization Project Approval with the County of Los Angeles
The City of Avalon, as the project proponent, is working collaboratively with the Los Angeles County Department of Regional Planning and other County departments to process land use and zoning entitlement applications related to the Pebbly Beach Landfill Site Life Optimization Project. The project seeks to extend the operational life of the Pebbly Beach Landfill while meeting regulatory compliance requirements and advancing waste management sustainability on Santa Catalina Island.
Recommended Action
1. Approve the attached Supplemental Fee Agreement with the County of Los Angeles for the Pebbly Beach Landfill Site Life Optimization Project. 2. Authorize the City Manager or designee to execute the Agreement on behalf of the City. 3. Authorize the City Manager or designee to reimburse the County of Los Angeles up to $72,000.
7. Resolution Adopting Memorandums of Understanding Between the City of Avalon and International Association of Firefighters Local 2295 for the Contract Period July 1,2025 through June 30, 2028
Negotiations between the City and all labor associations/unions began in June 2025. After an approximate 60-day negotiation period, a consensus has been reached for adoption of the 2025-2028 International Association of Firefighters Local 2295 MOU.
Recommended Action
Adopt the resolution adopting a Memorandum of Understanding and Salary Schedule between the City of Avalon and the International Association of Firefighters Local 2295 for the contract period July 1, 2025 through June 30, 2028.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One case.
The City of Avalon has received a written communication that, on the advice of counsel and based on the facts and circumstances in such correspondence, creates a significant exposure to litigation against the City of Avalon. A copy of the written communication is attached to this agenda.
CITY COUNCIL AGENDA
AUGUST 19, 2025
PAGE 4
ADJOURN
NOTICE OF POSTING
1, Gabrielle Morones, declare that the City Council Agenda for Tuesday, August 19, 2025 was posted on Friday, August 15, 2025 on the City's website, www.cityofavalon.gov/agendacenter, and at City Hall, 410 Avalon Canyon Road.
Sabille Menee
Gabrielle Morones, City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: August 19, 2025 AGENDA ITEM: 1
ORIGINATING DEP: City Clerk CITY MANAGER: DMM
PREPARED BY: Gabrielle Morones, City Clerk
SUBJECT: City Council Minutes
RECEDED ACTIONS: Approve minutes from the August 5, 2025 regular Gity 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:
1. August 5, 2025 regular City Council Meeting Minutes
AVALON CITY COUNCIL MEETING
TUESDAY, AUGUST 5, 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-City staff received 12 written communications regarding Item # 8. Short-Term Rental Legislative Measures Copies were distributed to City Council and have been filed in the City Clerk's office.
PRESENTATIONS - City Engineer Robert Greenlaw, P.E., and representatives from City Consultants W-Trans, RRM Design Group and ESG Engineering provided a presentation on the Five Corners Comprehensive Pedestrian Project.
CONSENT CALENDAR- There were seven items on the Consent Calendar. Motion to approve Items #1-#7 with the following corrections were made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)
Corrections:
The Agenda cover included an incorrect date of June 24, 2025 Special City Council Meeting.
The correct date should have reflected July 24, 2025 Special City Council Meeting.
Correction to Minutes:
The July 24, 2025 City Council minutes incorrectly stated that City Manager David Maistros was in attendance. Assistant City Manager Jocelyn Francis was in attendance in his place.
1. City Council Minutes
Approved minutes from July 15, 2025 regular City Council Meeting and July 24, 2025 Special City Council Meeting.
2. Fiscal Year 2024-2025 Fourth Quarter Treasurer's Report Adepted Rese An on Some of there ment of the Coin vale s Investment Report for Fiscal Year 2024/2025 Fourth Quarter.
CITY COUNCIL MINUTES
AUGUST 5, 2025
PAGE 2
4. Budget Software Procurement
Approved a four-year agreement with ClearGov, Inc. through June 30, 2029 for its online budgeting sottware-as-a-service (SAAS) solution, which includes its base platform, operational, personnel, and capital budgeting services, along with its digital budget book and capital project tracking tool, for a not-to-exceed amount of $37,625 in the current budget year and $171,000 over the initial term of the agreement
5. Maintenance Yard Security Gate Replacement
Authorized the City Manager, or designee, to execute an agreement for procurement and installation of a new Maintenance Yard security gate from 1st Class Access Control for a not-to-exceed sum of $35,000, as budgeted the Annual Building Facilities CIP budget, Project #205007, Fund #10550-6687.
Authorization to Provide Termite Tenting Treatment for City Hall Per the City's Procurement Policy, authorized the City Manager, or designee, to enter into a contract with Catalina Pest Control to perform full-structure termite tenting and fumigation of Avalon's City Hall facility for a not-to-exceed amount of $30,000 from City Hall Maintenance Account #10135-5700.
Adopt a Resolution Issuing a Medical Cannabis Delivery Permit to Catalina Cannabis, LLC
Adopted Resolution No. 25-27 of the City Council of the City of Avalon, Issuing a Commercial Cannabis Permit to Catalina Cannabis, LLC for Medical Cannabis Delivery Business Subject to Compliance with all Necessary Conditions.
GENERAL BUSINESS-Item #9 Taken out of order.
9. Approval of Encroachment Permit to Install a Retaining Wall and Widen Middle Terrace Road for a Single Golf Cart Parking Space at 46 Upper Terrace Found that the criteria specified in AMC Section 4-9.106 was met and approved an encroachment permit at 46 Upper Terrace for installation of a new retaining wall and widening of Middle Terrace Road to accommodate a single golf cart parking space.
Authorized the City Manager or his designee to approve an encroachment permit, maintenance agreement, and recordable covenant applicable to the proposed encroachment at 46 Upper Terrace and authorize City Staff to negotiate with the property owners to determine the amounts of the required bond and liability insurance.
Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)
CITY COUNCIL MINUTES
AUGUST 5, 2025
PAGE 3
8. Short-Term Rental Legislative Measures
City Council directed staff to revise Section 3-1.312 Subsection 3 to read: "The licensee or Permittee has violated this article or a condition of approval three or more times within a year, even if cured."
Introduced and waived 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.
Motion to approve made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes) BREAK 7:54 p.m.-8:02 p.m.
10. Contract for the Operations, Management, Maintenance, and Monitoring of the City of Avalon Wastewater System
Authorized the City Manager to approve a contract with PERC Water Corporation for an additional five-year term for the operation, management, maintenance, and monitoring of the City of Avalon Wastewater System. Designate funds from FY 25-26 Sewer, Saltwater, and Storm Drain Budget Accounts. Total expenditure is not-to-exceed $2,464,335 annually.
Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)
11. Resolution Adopting Memorandums of Understanding Between the City of Avalon and Avalon Municipal Employee, Confidential and Management Labor Associations for the Contract Period July 1, 2025 through June 30, 2028
Adopted Resolution No. 25-28 of the City Council of the City of Avalon Approving the Memorandum of Understanding Between the City of Avalon and the Avalon Municipal Employee Association Effective July 1, 2025 through June 30, 2028 Adopted Resolution No. 25-29 of the City Council of the City of Avalon Approving the Memorandum of Understanding Between the City of Avalon and the Confidential Employee Association Effective July 1, 2025 through June 30, 2028.
Adopted Resolution No. 25-30 of the City Council of the City of Avalon Approving the Memorandum of Understanding Between the City of Avalon and the Management Employee Association Effective July 1, 2025 through June 30, 2028.
Motion to approve made by Michael Ponce, seconded by Mary Schickling. (All Ayes) Mayor Marshall adjourned the meeting at 8:24 p.m.
I, Gabrielle Morones, City Clerk, do hereby certify that the DVD videotape of the regular City Council Meeting on August 5, 2025, is the official record of the Council Meeting and is on file and maintained in City Hall.
Dielle Mernes
Gabrielle Morones, City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: August 19, 2025 AGENDA ITEM:
ORIGINATING DEP: Finance CITY MANAGER: IMM
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve the disbursements for July 28, 2025 through August 8, 2025 totaling $932,705.56.
REPORT SUMMARY: These disbursements through August 8th are comprised of warrants from the US Bank General Account totaling $637,121.14, one payroll totaling $287,391.35, and other electronic fund transfers totaling $8, 193.07.
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 40423-40493 463,519.59 08/01/25 GF US BANK WARRANTS CK# 40494-40511 173,601.55 08/04/25 PAYROLL 287,391.35 08/08/25
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 8,193.07 08/08/25 TOTAL DISBURSEMENTS $932,705.56
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
JULY 28, 2025 -AUGUST 8, 2025 DISBURSEMENTS
August 19, 2025
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 40423-40493 463,519.59 08/01/25 GF US BANK WARRANTS CK# 40494-40511 173,601.55 08/04/25 PAYROLL 287,391.35 08/08/25
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 8,193.07 08/08/25 TOTAL DISBURSEMENTS S 932,705.56
CERTIFICATE
IN ACCORDANCE WITH SECTION 37202
OF THE GOVERNMENT CODE, I CERTIFY
THAT THE ABOVE DEMANDS ARE ACCURATE
AND THAT FUNDS ARE AVAILABLE FOR
PAYMENT.
APPROVED AND AUDITED THIS
19TH DAY OF AUGUST 2025 I CERTIFY UNDER PENALTY OF PERJURY
THAT THE FOREGOING IS TRUE AND
CORRECT.
AUDIT COMMITTEE -MICHAEL PONCE EXECUTED THIS 19TH DAY OF AUGUST 2025
AUDIT COMMITTEE - MARY SCHICKLING FINANCE DIRECTOR - MATTHEW BAKER
CITY OF AVALON
WARRANT DISBURSEMENTS
August 19, 2025
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
40423 08/01/2025 72.00 CATALINA ISLANDER ADVERTISING: ALL DEPARTMENTS 40424 08/01/2025 $ 388.13 COOK, AMANDA RETIREE INS: 07/2025 40425 08/01/2025 $ 947.49 CORE & MAIN SERVICE: IT
40426 08/01/2025 669.65 COYLE REPRODUCTIONS, INC SUPPLIES:STREET SIGNS 40427 08/01/2025 $ 1,220.83 DATA INTEGRITY SERVICES, INC. SERVICE: IT 40428 08/01/2025 7,059.40 DELTA DENTAL DENTAL: 07/2025
40429 08/01/2025 $ 783.00 DEWEY PEST CONTROL SERVICE: ALL DEPARTMENTS 40430 08/01/2025 $ DION & SONS MARINE FUELS INC VOID: MULTI STUB CHECK 40431 08/01/2025 $ DION & SONS MARINE FUELS INC VOID: MULTI STUB CHECK 40432 08/01/2025 3,660.26 DION & SONS MARINE FUELS INC FUEL: HARBOR 40433 08/01/2025 637.24 EDISON UTILITES: ALL DEPARTMENTS 40434 08/01/2025 $ 1,200.00 ESPRY, INC. SERVICE: IT
40435 08/01/2025 20,600.00 ENVIRONMENTAL SYSTEMS RESEARCH INST SERVICE: IT FY26 40436 08/01/2025 1,123.30 FIDELITY SECURITY LIFE INSURANCE VISION: 07/2025 40437 08/01/2025 $ 250.37 GLOBAL EQUIPMENT COMPANY SUPPLIES-PUBLIC WORKS 40438 08/01/2025 $ 11,613.25 GOVINVEST INC. SERVICE: FINANCE 40439 08/01/2025 1,888.03 GRAINGER SUPPLIES:PUBLIC WORKS 40440 08/01/2025 1,556.92 HOL COREN & CONE SERVICE: FINANCE 40441 08/01/2025 8,775.00 INTERNATIONAL CONSULTING SERVICES SERVICE: CIP 205014 40441 08/01/2025 33,150.00 INTERNATIONAL CONSULTING SERVICES SERVICE: CIP 180005 40442 08/01/2025 150.50 JORDAHL CONSTRUCTION TIRE DISPOSAL 40443 08/01/2025 749.94 KONA TEES SCREENPRINTING & EMBROID SUPPLIES: FIRE 40444 08/01/2025 42.60 LINDE GAS & EQUIPMENT INC. SUPPLIES: WELDING 40445 08/01/2025 951.00 MASA DUES: 07/2025
40445 08/01/2025 951.00 MASA DUES: 08/2025
40446 08/01/2025 5.005.00 MCC LLO SERVICE: IT
40447 08/01/2025 710.15 MCDONALD, AUDRA RETIREE INS: 08/2025 40448 08/01/2025 457.55 MED-TECH RESOURCE, INC. SUPPLIES: FIRE 40449 08/01/2025 344.10 MM INTERNET, INC. SERVICE: IT
40450 08/01/2025 61.84 NAPA AUTO PARTS SUPPLIES: GARAGE 40451 08/01/2025 1,250.00 NICHOLAS FRANCIS LAPPLE SERVICE: TRAINING 40452 08/01/2025 297.50 OLYNS INC. SERVICE: ADMIN
40453 08/01/2025 1,642.00 W ZERO SUPPLIES:PUBLIC WORKS
40453 08/04/2025 $ (1,642.00) W ZERO VOID
40454 08/01/2025 1,911.32 QUILL CORP SUPPLIES: ALL DEPTS 40455 08/01/2025 2,626.05 QUINN COMPANY SUPPLIES:PUBLIC WORKS 40456 08/01/2025 591.86 RICOH USA, INC. COPIER LEASE:PLANNING 40457 08/01/2025 150.00 RODRIGUEZ, ELOY SUNGLASSES PER MOU 40458 08/01/2025 917.59 SFC HOLDINGS, LLC UNIFORMS: HARBOR 40459 08/01/2025 $ 9,357.91 SIRIA'S CLEANING SERVICE 2ND HALF 07/2025 40460 08/01/2025 $ 3,205.00 SLATER WATERPROOFING, INC SERVICE: CIP 205012 40460 08/01/2025 $ 1,700.00 SLATER WATERPROOFING, INC SERVICE: CIP 205013 40461 08/01/2025 1,205.89 STANDARD INSURANCE COMPANY LIFE INS: 07/2025 40462 08/01/2025 8,758.94 SUPERION, LLC SOTWARE LEASE: FINANCE 40463 08/01/2025 CORPORATE PAYMENT SYSTEMS VOID: MULTI STUB CHECK 40464 08/01/2025 5,755.27 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL 40465 08/01/2025 $ 18,750.00 VEGA, EDMUNDO CONTRACT SVCS: 07/2025 40466 08/01/2025 $ 6,853.63 WESTRIDGE ENVIRONMENTAL GROUP SUPPLIES: WWTP 40467 08/01/2025 $ 588.04 XEROX CORPORATION COPIER LEASE: ADMIN 40468 08/01/2025 $ 144.76 ALCALA, RODRIGO SUNGLASSES PER MOU 40469 08/01/2025 $ 150.00 BARRAGAN, JOSE SUNGLASSES PER MOU 40470 08/01/2025 $ 100.00 BENTDAHL, MARY SERVICE: RECREATION 40471 08/01/2025 $ 34,584.97 BEST, BEST & KRIEGER, LLP LEGAL FEES: 06/2025 40472 08/01/2025 $ 133.60 BOYD, RAY SUNGLASSES PER MOU
40473 08/01/2025 150.00 BRAVO, FRANCISCO SUNGLASSES PER MOU 40474 08/01/2025 150.00 BROOKS, MIKE SUNGLASSES PER MOU 40475 08/01/2025 5500 CATALINA ISLAND JANITORIAL SERVICE: ALL DEPARTMENTS 40476 08/01/2025 268.00 CATALINA PEST CONTROL SERVICE: HARBOR 40477 08/01/2025 178,547.27 CO. OF LOS ANGELES SHERIFF'S DEPT. RESIDENT DPTY: 06/2025
CITY OF AVALON
WARRANT DISBURSEMENTS
August 19, 2025
CHECK DATE
NUMBER ISSUED DESCRIPTION
40478 08/01/2025 6,594.36 DAPEER, ROSENBLIT & LITVAK, LLP SERVICE: VEHICLES 40479 08/01/2025 6,019.00 DE MEL, JOSEPH SERVICE: CIP 207002 40480 08/01/2025 82.00 DI MIELE, LAURA REFUND: VEHICLES 40481 08/01/2025 150.00 GARZA, WADE SUNGLASSES PER MOU
40482 08/01/2025 375.01 GRANICUS, INC. SERVICE: FINANCE 40483 08/01/2025 505.00 MANAL H ALEISA REFUND: AMBULANCE FEES 40484 08/01/2025 SERVICE: CIP 247005
40484 08/01/2025 SERVICE: CIP 205019
40485 08/01/2025 150.00 MONTGOMERY, SCOTT SUNGLASSES PER MOU 40486 08/01/2025 150.00 OLSON, ADAM SUNGLASSES PER MOU
40487 08/01/2025 158.40 ROJO, FRANCISCO SUPPLIES: RECREATION 40488 08/01/2025 1,215.00 SAND TRAP SENIOR MEALS: 03/2025-06/2025 40489 08/01/2025 56.85 STATE CONTROLLER'S OFFICE FEES: FINANCE 10490 08/01/2025 CORPORATE PAYMENT SYSTEMS VOID: MULTI STUB CHECK 40491 08/01/2025 22,013.52 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL 40492 08/01/2025 2,231.38 AVALON MOORING & DIVING SERVICE: HARBOR 40493 08/01/2025 24,083.33 AVALON SHOREBOAT SERVICE CORP CONTRACT SVCS: 08/2025 $ 463,519.59
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID AUGUST 1, 2025
August 19, 2025
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION
M. DAILEY 7/1/2025 13.98 JOAN.COM OPERATION COSTS: IT
M. DAILEY 7/2/2025 202.50 DOMOTZ.COM OPERATION COSTS: IT M. DAILEY 7/4/2025 (985.20) UI.COM OPERATION COSTS: IT
M. DAILEY 7/14/2025 83.50 CATALINA EXPRESS OPERATION COSTS: IT M. DAILEY 7/15/2025 25.00 CLOUDFLARE OPERATION COSTS: F MEFFERT 7/8/2025 166.51 DISCOUNTFILTERS.COM SUPPLIES: FIRE MJALEGRIA 7/4/2025 423.00 BARKER PRODUCTIONS RAINING & TRAVI MALEGRIA 7/4/2025 473.00 BARKER PRODUCTIONS AINING & TRAVI MJALEGRIA 7/4/2025 104.14 LIGHTHOUSE UNIFORMS UNIFORMS: FIRE MALEGRIA 7/7/2025 133.96 VONS SUPPLIES: FIRE
MJALEGRIA 7/7/2025 11.78 VONS SUPPLIES: FIRE
MJALEGRIA 7/10/2025 115.75 DICKS SPORTING GOODS SUPPLIES: FIRE MJALEGRIA 7/10/2025 36.99 ADOBE INC OFFICE SUPPLIES: FIRE MIALEGRIA 7/11/2025 14.71 NICK'S DELI TRAVEL: MEAL
MJALEGRIA 7/11/2025 1,550.00 LAAFCA DESERT CONFERENCE TRAINING & TRAVEL MJALEGRIA 7/14/2025 4.92 IN-N-OUT LONG BEACH TRAVEL: MEAL P. HERNANDEZ 7/2/2025 47.35 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES HERNANDEZ 7/2/2025 44.08 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES P. HERNANDEZ 7/2/2025 48.48 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES P. HERNANDEZ 7/4/2025 59.51 CHET'S HARDWARE SMALL TOOLS: PUBLIC WORKS P. HERNANDEZ 7/10/2025 15.15 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES P. HERNANDEZ 7/10/2025 9.19 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES P. HERNANDEZ 7/11/2025 89.79 CHET'S HARDWARE SMALL TOOLS: PUBLIC WORKS P. HERNANDEZ 7/14/2025 20.93 CHET'S HARDWARE SMALL TOOLS: PUBLIC WORKS P. HERNANDEZ 7/14/2025 25.35 CHET'S HARDWARE SMALL TOOLS: PUBLIC WORKS P. HERNANDEZ 7/14/2025 64.46 CHET'S HARDWARE SMALL TOOLS: PUBLIC WORKS ROGELIO H. 7/3/2025 13.74 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES ROGELIO H. 7/3/2025 64.99 CHET'S HARDWARE SMALL TOOLS: PUBLIC WORKS ROGELIO H. 7/3/2025 6.60 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES ROGELIO H. 7/3/2025 19.83 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES ROGELIO H. 7/4/2025 27.55 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES ROGELIO H. 7/7/2025 46.27 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES ROGELIO H. 7/7/2025 11.01 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES ROGELIO H. 7/11/2025 133.14 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES ROGELIO H. 7/11/2025 31.80 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: MAINTENANCE OF PREMISES ROGELIO H. 7/14/2025 81.55 CHET'S HARDWARE SAFETY SUPPLIES ROGELIO H. 7/14/2025 107.38 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES ROGELIO H. 7/14/2025 20.93 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES L. RUBIO 7/4/2025 53.41 CHET'S HARDWARE SUPPLIES: VEHICLE MAINTENANCE L. RUBIO 7/14/2025 44.93 CHET'S HARDWARE SUPPLIES: VEHICLE MAINTENANCE P. SANCHEZ 7/10/2025 16.53 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES P. SANCHEZ 7/10/2025 8.81 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES S. CAMPBELL 7/14/2025 14.99 CANVA SUBSCRIPTION: IT
SCHMIDT 7/4/2025 59.49 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES SCHMIDT 7/7/2025 121.25 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES SCHMIDT 7/7/2025 131.94 VONS SUPPLIES: OFFICE
SCHMIDT 7/7/2025 558.74 DATATEL COMMUNICATIONS: IT
SCHMIDT 7/8/2025 202.24 EXPEDIA TRAINING: HOTEL
SCHMIDT 7/11/2025 19.00 SENDHUB SMS SUBSCRIPTION OPERATION COSTS: IT SCHMIDT 7/14/2025 166.06 LS HILLS BOAT SERVICE FUEL: HARBOR SCHMIDT 7/14/2025 942.48 CUSTOM INK UNIFORMS: HARBOR
SCHMIDT 7/14/2025 51.78 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES ≥ 5.755.27 CHECK NUMBER 40464
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID AUGUST 1, 2025
August 19, 2025
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID AUGUST 1, 2025
August 19, 2025
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION
GREENLAW 6/19/2025 12.74 CHET'S HARDWARE SUPPLIES: CIP 205015 GREENLAW 6/23/2025 58.41 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES C. CISNEROS 6/30/2025 56.28 VONS SUPPLIES: FIRE
C. CISNEROS 6/30/2025 83.52 LOBSTER TRAP MEALS: TRAINING CORDERO 6/30/2025 63.10 VONS MEALS: TRAINING
CORDERO 6/30/2025 44.65 VONS MEALS: TRAINING
D.E. HART 6/19/2025 422.40 SHAREFILE LLC OPERATION COSTS: IT D.E. HART 6/23/2025 99.00 SURVEYMONK
D.W.HART 6/18/2025 12.55 VONS SUPPLIES: SPECIAL EVENTS (FISHING DERBY) D.W. HART 6/18/2025 395.00 SWANK MOTION PICTURES SUPPLIES: SPECIAL EVENTS (FISHING DERBY) D.W. HART 6/18/2025 30.00 JOE'S RENT-A-BOAT SUPPLIES: SPECIAL EVENTS (FISHING DERBY) D.W. HART 6/19/2025 14.87 CHET'S HARDWARE SUPPLIES: SPECIAL EVENTS (4TH OF JULY) D.W. HART 6/19/2025 267.69 CROWN AWARDS SUPPLIES: SPECIAL EVENTS (4TH OF JULY) D.W. HART 6/23/2025 981.59 CUSTOM INK
D.W. HART 6/23/2025 14.31 CHET'S HARDWARE SUPPLIES: SPECIAL EVENTS (FISHING DERBY) D.W. HART 6/23/2025 23.11 VONS PROGRAM SUPPLIES: DAY CAMP D.W. HART 6/23/2025 66.38 VONS PROGRAM SUPPLIES: DAY CAMP D.W. HART 6/24/2025 396.89 AVALON PASS PROGRAM SUPPLIES: TEEN PROGRAMS D.W. HART 6/25/2025 917.00 CUSTOM INK UNIFORMS
D.W. HART 6/25/2025 395.00 SWANK MOTION PICTURES SUPPLIES: SPECIAL EVENTS (FISHING DERBY) D.W. HART 6/25/2025 60.34 WEST MARINE PROGRAM SUPPLIES: ADULT D.W. HART 6/25/2025 360.51 WEST MARINE PROGRAM SUPPLIES: ADULT D.W. HART 6/26/2025 187.37 SWEETWATER SOUND SUPPLIES
D.W. HART 6/26/2025 229.50 CHET'S HARDWARE PROGRAM SUPPLIES: ADULT D.W. HART 6/26/2025 45.26 VONS PROGRAM SUPPLIES: DAY CAMP D.W. HART 6/27/2025 3.73 CHET'S HARDWARE SUPPLIES: SMALL TOOLS D.W. HART 6/30/2025 (18.05) 24HOURWRISTBANDS.COM SUPPLIES: SPECIAL EVENTS (4TH OF JULY) D.W. HART 6/30/2025 (0.44) CHET'S HARDWARE SUPPLIES: SMALL TOOLS D.W. HART 6/30/2025 31.32 VONS PROGRAM SUPPLIES: SENIOR PROGRAMS D.W. HART 6/30/2025 215.04 WEST MARINE PROGRAM SUPPLIES: ADULT D.W. HART 6/30/2025 30.72 WEST MARINE PROGRAM SUPPLIES: ADULT FRANCIS 6/20/2025 675.00 LEAGUE OF CA CITIES TRAINING & TRAVEL GILBERT 6/18/2025 28.64 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES GILBERT 6/25/2025 33.06 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES GILBERT 6/26/2025 59.46 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES GILBERT 6/26/2025 114.36 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES GILBERT 6/26/2025 97.20 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: MAINTENANCE OF PREMISES GILBERT 6/30/2025 41.54 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES HMIELAK 6/19/2025 10.00 CATALINA ISLAND CHAMBER TRAINING & TRAVEL HMIELAK 6/25/2025 214.75 MAXIFORCE SUPPLIES: MAINTENANCE OF PREMISES HMIELAK 6/27/2025 51.78 CHET'S HARDWARE SUPPLIES: SMALL TOOLS J. HERNANDEZ 6/18/2025 637.90 BRIMAR INDUSTRIES TRAFFIC SAFETY SUPPLIES J. HERNANDEZ 6/18/2025 77.16 AVALON PASS SUPPLIES: MAINTENANCE OF PREMISES
1. HERNANDEZ 6/18/2025 2,262.79 PAYPAL - CABLE ART INC SUPPLIES: MAINTENANCE OF PREMISES
1. HERNANDEZ 6/26/2025 8.25 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES MAISTROS 6/16/2025 2.737.06 SMARTSIGNCLOVER.COM TRAFFIC SAFETY SUPPLIES MAISTROS 6/16/2025 270.00 CANVA OPERATION COSTS: IT
M. DAILEY 6/27/2025 2,259.03 STARLINK INTERNET OPERATION COSTS: IT M. DAILEY 6/30/2025 120.00 DUO.COM OPERATION COSTS: IT
MALEGRIA 6/17/2025 250.00 STARLINK INTERNET OPERATION COSTS: IT MJALEGRIA 6/19/2025 75.95 DESCANSO BEACH CLUB TRAINING: MEAL MJALEGRIA 6/23/2025 10.00 CATALINA ISLAND CHAMBER CHAMBER MIXER MJALEGRIA 6/23/2025 891.29 INTERNATIONAL E-Z UP SUPPLIES MJALEGRIA 6/23/2025 568.54 VITAL EZUP SUPPLIES
MIALEGRIA 6/24/2025 1,063.00 LIVE ACTION SAFETY EQUIPMENT MALEGRIA 6/25/2025 67.41 WALMART SUPPLIES
MIALEGRIA 6/25/2025 135.11 NORTHGATE MARKET SUPPLIES: CITY LUNCHEON MIALEGRIA 6/25/2025 15.42 ACE HARDWARE OFFICE SUPPLIES
MJALEGRIA 6/26/2026 258.69 STATERBROS SUPPLIES: CITY LUNCHEON
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID AUGUST 1, 2025
August 19, 2025
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION
MALEGRIA SUPPLIES: CITY LUNCHEON
P. HERNANDEZ 44.09 CHET'S HARDWARE SUPPLIES: SMALL TOOLS P. HERNANDEZ 16.71 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES P. HERNANDEZ 12.30 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES P. HERNANDEZ SUPPLIES: MAINTENANCE OF PREMISES
P. HERNANDEZ 55.01 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES ROGELIO H. 99.21 CHET'S HARDWARE SUPPLIES: SMALL TOOLS
ROGELIO H. 31.92 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES ROGELIO H. 29.75 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES ROGELIO H. 126.66 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: CIP 205019 ROGELIO H. 58.55 PEBBLY BEACH BUILDING SUPPLY
L. RUBIO 138.64 JIT TRUCK PARTS SUPIES: VEHICLE MANTENANCE L. RUBIO 196.98 CHET'S HARDWARE
MONTGOMERY 489.60 AMERICAN FLOOR MATS OFFICE SUPPLIES
P. SANCHEZ SUPPLIES: MAINTENANCE OF PREMISES
P. SANCHEZ 10.00 BOATING & WATERWAYS
SCHMIDT 841.41 AMERICAN FLOOR MATS OFFICE SUPPLIES
SCHMIDT 228.38 UBREAK WE FIX COMUNICATIONS
SCHMIDT 481.31 VERIZON COMUNICATIONS
SCHMIDT 274.95 VERIZON WIRELESS COMUNICATIONS
5 22,013.52 CHECK NUMBER 40491
CITY OF AVALON
WARRANT DISBURSEMENTS
August 19, 2025
CHECK DATE
NUMBER ISSUED AMOUNT NAME
40494 08/04/2025 1,820.63 AAA OIL, INC FUEL : ALL DEPTS 40495 08/04/2025 349.31 ALEGRIA, MICHAEL REIMB O/P COSTS 40496 08/04/2025 AMAZON CAPITAL SERVICES, INC. VOID: MULTI STUB CHECK 40497 08/04/2025 AMAZON CAPITAL SERVICES, INC. VOID: MULTI STUB CHECK 40498 08/04/2025 SUPPLIES: ALL DEPARTMENTS
40499 08/04/2025 657.95 AVALON FREIGHT SERVICES, LLC FREIGHT: ALL DEPARTMENTS 40500 08/04/2025 47.93 BARRAGAN, JOSE RIMB O/P COSTS
40501 08/04/2025 300.00 BENTDAHL, MARY SERVICE: RECREATION 40502 08/04/2025 224.59 CATALINA BEVERAGE CO SUPPLIES: ALL DEPTS 40503 08/04/2025 137,500.00 CATALINA CHAMBER OF COMMERCE TOT: 08/2025 40504 08/04/2025 5,329.36 CHEROKEE CHEMICAL.CO. INC. SUPPLIES: WWTP 40505 08/04/2025 226.55 CICCS/EAP SERVICE: ADMIN
40506 08/04/2025 99.46 COLONIAL LIFE PPE 07/22/2025
40507 08/04/2025 99.46 COLONIAL LIFE PPE 08/05/2025
40508 08/04/2025 700.00 W ZERO SUPPLIES:PUBLIC WOR
40509 08/04/2025 364.11 ULINE, INC. SUPPLIES:PUBLIC WOR 40510 08/04/2025 CORPORATE PAYMENT SYSTEMS VOID: MULTI STUB CHECK 40511 08/04/2025 3,963.45 CORPORATE PAYMENT SYSTEMS
173,601.55
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID AUGUST 4, 2025
August 19, 2025
LAST NAME POST DATE AMT USD DESCRIPTION
BAKER 304.23 ZOOM.COM OPERATION COSTS: IT
BAKER POSTAGE
CISNEROS 24.82 VONS SUPPLIES
D.E.HART 82.96 CYBERLYNK NETWORK OPERATION COSTS: IT
D.E.HART 247.97 RESERVATION DESK -THE WESTIN TRAINING & TRAVEL D.E.HART 17.99 RESERVATION DESK -THE WESTIN TRAINING & TRAVEL D.E.HART 1.24 VAST CONFERENCE OPERATION COSTS: IT
D.E.HART 15.00 QUICKESIGN OPERATION COSTS: IT
DAVID HART 395.00 SWANK MOTION PICTURES SUPPLIES: SPECIAL EVENTS (FISHING DERBY) DAVID HART 110.30 EL GALLEON MEALS: STAFF LUNCH
DAVID HART 142.24 DRI*ESIGNS PARK SIGN
DAVID HART 79.35 CHET'S HARDWARE SUPPLIES: SMALL TOOLS
DAVID HART 37.45 CHET'S HARDWARE SUPPLIES: SPECIAL EVENTS 4TH OF JULY DAVID HART 7/7/2025 10.28 VONS SUPPLIES: SPECIAL EVENTS 4TH OF JULY 7/7/2025 12.12 VONS SUPPLIES: SPECIAL EVENTS 4TH OF JULY 7/10/2025 395.00 SWANK MOTION PICTURES SUPPLIES: SPECIAL EVENTS (FISHING DERBY) DAVID HART 7/14/2025 31.62 VONS PROGRAM SUPPLIES: DAY CAMP DAVID HART 7/14/2025 2.84 VONS SUPPLIES: SPECIAL EVENTS (FISHING DERBY) FRANCIS 7/3/2025 314.10 MVP MEDIA NETWORK TRAINING & TRAVEL FRANCIS 7/8/2025 262.00 RELIABLE COURIERS SUPPLIES: SPECIAL EVENTS 4TH OF JULY FRANCIS 7/11/2025 102.32 AVALON GAS STATION FUEL: CODE ENFORCEMENT GILBERT 7/2/2025 75.00 BBK EVENTS TRAINING
GILBERT 7/9/2025 111.19 DESKBOARD BUDDY OFFICE SUPPLIES GILBERT 7/11/2025 30.57 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES GILBERT 7/14/2025 107.48 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES GILBERT 7/14/2025 65.01 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES HMIELAK 7/8/2025 67.73 EBAY PERSONAL PURCHASE -RE-PAID
HMIELAK 7/11/2025 16.53 CHET'S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES HMIELAK 7/15/2025 154.28 DICKIES UNIFORMS
J. HERNANDEZ 6/30/2025 73.85 CHET'S HARDWARE SUPPLIES: SMALL TOOLS J. HERNANDEZ 6/30/2025 266.93 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: CIP 205019 J. HERNANDEZ 7/4/2025 176.60 CAFÉ METROPOLE STAFF MEALS
1. HERNANDEZ 7/4/2025 40.24 CAFÉ METROPOLE STAFF MEALS
1. HERNANDEZ 7/5/2025 112.21 CONEY ISLAND WEST STAFF MEALS MAISTROS 7/14/2025 70.00 CATALINA ISLAND CHAMBER MEMBERHIP & DUES $ 3,963.A5 CHECK 40511
CITY OF AVALON CITY COUNCIL
MEETING DATE: August 19, 2025 AGENDA ITEM: 3
ORIGINATING DEP: Administration CITY MANAGER: DUM
PREPARED BY: Gabrielle Morones, City Clerk
SUBJECT: League of California Cities Annual Voting Delegate RECOMMENDED ACTION(S): Adopt a resolution appointing Mayor Marshall as the voting delegate and Mayor Pro Tem Lisa Lavelle as an alternate voting delegate for the Annual League of California Cities Conference in October 2025.
REPORT SUMMARY: The Annual League of California Cities Conference will be held in Long Beach, California from October 8 to 10, 2025. An important part of the conference is the Annual Business Meeting. At this business meeting, the League membership considers and takes action on resolutions that establish League Policy. In order to vote at the Business Meeting, City Council must designate a voting delegate and an alternate voting delegate. Historically, the Mayor and Mayor Pro Tem has been appointed voting/alternate voting delegates if they attend the meeting. All five City Councilmembers will be attending the 2025 League of California Cities Conference.
GOAL ALIGNMENT: Professional development.
FISCAL IMPACTS: Cost of conference registration to be determined.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will not be able to vote on the Resolutions at the Annual League of California Cities Conference.
FOLLOW UP ACTION: Implement City Council Direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS:
1. Resolution
RESOLUTION NO..
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON
APPOINTING A VOTING DELEGATE TO THE
2025 ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE
WHEREAS, the Annual League of California Cities Conference will be held in Long Beach, California from October 8 through 10, 2025; and
WHEREAS, traditionally, the Mayor is appointed to be the City of Avalon's voting delegate and an alternate is selected; and
WHEREAS, the Mayor, and the Mayor ProTem will be attending the Annual League of California Cities Conference and available to vote at the Annual Business Meeting.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Avalon hereby resolves as follows:
Mayor Ann H. Marshall shall be the City of Avalon's Voting Delegate, and Mayor ProTem Lisa Lavelle shall be the Alternate Voting Delegate.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 19"h day of August, 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Ann H. Marshall, Mayor
ATTEST:
Gabrielle Morones, City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: August 19, 2025 AGENDA ITEM:_
ORIGINATING DEP: Administration CITY MANAGER:
PREPARED BY: Jocelyn Francis, Assistant City Manager
SUBJECT: Appeal of Residential Vehicle Permit Transfer - Gabriel Saldaña RECOMMENDED ACTION(S): 1. Open the Public Hearing. 2. Receive Public Comment. 3.
Close the Public Hearing. 4. Consider applicants appeal and determine to either: a.) Uphold the decision of the Vehicle Hearing Officer, or b.) Overturn the decision of the Vehicle Hearing Officer.
BACKGROUND: On February 19, 2025, Gabriel Saldaña applied for the transfer of a Residential Vehicle Permit (blue sticker) from grandfather Lolo Saldaña issued prior to April 18, 1989. On June 6, 2025, the Vehicle Hearing Officer considered the application and denied the transfer due to Avalon Municipal Code (AMC) §4-4-1707 which specifically addresses the transfers to "spouse or child of the deceased" and does not include grandchildren.
On June 23, 2025, Gabriel Saldaña submitted a request to appeal the decision to denying the Residential Vehicle permit transfer which is attached to this agenda report.
City Staff support the findings of the Vehicle Hearing Officer denying the permit transfer in as much as the decision is consistent with AMC §4-4-1707.
FISCAL IMPACTS: None.
GOAL ALIGNMENT: Not applicable.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Council action may set precedence and encourage additional vehicle hearings for transfer of residential vehicle permits that do not align with the AMC. Council should consider additional impacts to those residents on the Residential Vehicle permit wait list. •
FOLLOW UP ACTION: Implement City Council direction
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
1. Vehicle Hearing Decision
2. Vehicle Hearing Appeal
City of Avalon
Santa Catalina Island, CA
KENNETH B. DAPEER
Vehicle Hearing Officer
DECISION DENYING APPLICATION FOR TRANSFER OF RESIDENT
VEHICLE PERMIT
APPLICANT:
Gabriel L. Saldaña
P.O. Box 113
Avalon, CA 90704
FINDINGS OF FACT
1. On February 19, 2025, Gabriel Saldaña, the Applicant herein, requested to transfer a residential vehicle permit to him pursuant to Section 4-
4.1707 of the Avalon Municipal Code.
2. The Hearing Officer considered the application for transfer at a duly noticed hearing on June 6, 2025, at which time both oral and written evidence was received. Applicant, Gabriel Saldaña personally appeared.
Carolyn Dailey appeared for the City of Avalon. The hearing was held at City Hall.
3. Applicant Gabriel Saldaña is the grandson of Lolo Saldaña, who died in December of 2024. The permit, which was originally issued prior to April 18, 1989, was owned by Lolo Saldaña.
no longer a resident of Catalina Island - thus not eligible to receive the permit.
5.. The Applicant described how important it is for him to have continued use of the vehicle (a 1988 Jeep Cherokee) as it is used for Applicant's business accessing radio tower sites, and for personal activities.
Telephone: 290.510,0220 • Facsomile: 310510.0901 • www. nyol)salon.com
APPLICABLE LAW
Section 4-4.1707 sets forth the conditions for a resident vehicle permit transfer as follows:
Resident Vehicle Permits. No resident vehicle permit issued under § 4-
4.1703(a) shall be transferred or assigned from the permittee to any other person or from the vehicle to which it is issued to any other vehicle, except where the transfer complies with all requirements applicable to the issuance of such a permit, except as provided below, including but not limited to § 4.
4.1703(a)(1):
"(2) The permit is transferred by operation of law or judicial decree (a) upon the death of the permittee to the permittee's surviving spouse or a child of the deceased aged 16 years or older who is a resident of Avalon at the time of the decedent's death or who establishes such residency within one year of the decedent's death; or (b) on dissolution of marriage to one of the spouses, provided the spouse to whom the permit is transferred is a resident at the time of transfer, or, if the permit was issued prior to April 18, 1989, the spouse is the owner of real property in the City. In cases where more than one child is qualified to receive a transfer under this provision but there is no will or other instrument specifying to which child the transfer will be made, and the children cannot decide between themselves, then the issue will be decided by a coin toss or other method of chance. (3) The permit was issued prior to April 18, 1989 and is transferred to an adult child of the permittee who is not living with the permittee, and who is a resident at the time of transfer of the resident vehicle permit."
DECISION
The Hearing Officer hereby denies the requested transfer.
Section 4-4-1707 specifically addresses transfers to "spouse or child of the deceased" and does not mention grandchildren. Had the city council wished to include grandchildren as eligible transferees, such language would have been clearly stated in the ordinance.
I do not dispute that Applicant and his business would greatly benefit from the use of a residential permit. However, it would be improper for me to expand the definition of a child to include a grandchild by administrative decision in order approve the requested transfer.
If Applicant's mother was a current resident of Catalina Island, it is possible that she could receive the permit pursuant to the code. This scenario is not before me, and I must decide the case on the facts presented.
Appeal rights are attached.
Dated: June 13, 2025
lometa Paper
KENNETH B. DAPEEF
Vehicle Hearing Officer
PROOF OF SERVICE
I am a resident of the county of Los Angeles, State of California. I am over the age of 18 years and not a party to the within action. My address is 11500 W. Olympic Blvd., Suite 550, Los Angeles, CA 90064-1524.
I served the foregoing document described as DECISION, etc., by depositing a true copy thereon in the United States Mail in Los Angeles, State of California, on June 13, 2025, enclosed in a sealed envelope, with the postage fully prepaid, addressed as follows:
Gabriel L. Saldaña
P.O. Box 113
Avalon, CA 90704
Carolyn Dailey
City of Avalon
P.O. Box 707
Avalon, CA 90704
I declare under penalty of perjury that the foregoing is true and correct. Executed on June 13, 2025, at Los Angeles, California.
Maria Martincz, Declarant
11/10/16, 4:14 PM
CHAPTER 4 - APPEALS
Sec. 1-4.01 Right to Appeal.
(a) Except as otherwise specifcally provided in this Code, any person excepting to the denial, suspension. of revocation of a permit applied for or held by him pursuant to any decision made by any appointive board of the City pursuant to any of the provisions of this Code may appeal in writing to the Cruncil by filing with the Ciry Clerk a written notice of such appeal setting forth the specific grounds thereof.
Except as otherwise specifically provided in this Code, any person excepting to any administrative decision made by any official of the Cily pursuant to any of the provisions of this Code may appeal in writing to the Council by filing with the City Clerk a written notice of such appeal setting forth the specitic grounds thereof.
(Amended by #I. Ord. 620. eft. March 18. 1976)
Sec. 1-4.02 Time Within Which an Appeal Shall be Filed.
The written notice of appeal shall be tiled with the City Clerk within fifteen (15) days after the receipt of written notice of such action appealed from.
($1.Ord. 782, eft. November 13, 1985)
Sec. 1-4.03 Hearing: Notice.
The City Clerk shall forthwith set such matter for a hearing before the Council at a subsequent regular meeting and shall cause a notice thereof to be given to the applicant not less than five (5) days prior to such hearing, unless such notice is waived in writing by the applicant. At such hearing the appellant shall show cause on the grounds specified in the notice of appeal why the action excepted to should not be approved. The Council may continue the hearing from time to time, and its findings on the appeal shall be tinal and conclusive in the matter.
CHAPTER 4 - APPEALS
Published by ClerkBase
92016 by Clerkbase. No Claim to Original Government Works clerksho.com/Content/Avalon-ca/books/code/tile1ch4.ntn
Gabriel L. Hertel Saldaña
P.O. Box 113
350 Metropole Ave.
Avalon, California, 90704
(310)560-0952
June 23, 2025
City Council/City Staff
City of Avalon
P.O. Box 707
Avalon, California, 90704
Dear Council,
Thank you for taking the time to read this letter: On June 6, 2025, 1 appeared before the vehicle hearing officer, Mr. Kenneth Dapeer, and was denied a request of transfer of my late Grandfather's City of Avalon Residential Vehicle Permit. This permit was issued prior to April 18, 1989, pursuant to code 4-4.1703(a)(3), and has been in my grandfather's ownership since its issuance. At this time, there are no other eligible spouses or children of my grandfather who can inherit this vehicle permit.
According to the code, it is traditionally unconventional for a grandchild to inherit, or be transferred, a full-size vehicle permit from a grandparent. However, I have several unique circumstances and positive affiliations that you may consider to see my plea as an exemption. I am a new business owner as of 2024, and in that time, have used the full-size vehicle extensively for interior work projects, especially ones in Two Harbors. In addition to serving other valuable businesses and government entities that serve the island, 1 do regular radio fleet maintenance for the Two Harbors Harbor Department. There are also several pending interior-based projects and clientele that I would forfeit, should I lose my personal vehicle to access the interior. The full- size vehicle is also useful for picking up large or unwieldy items from Avalon Freight Services to transport to work sites. I am a new member of our local Santa Catalina Island Search and Rescue team. Having a full-size personal vehicle allows me to attend more meetings and trainings outside the city and potentially transport gear or personnel during an emergency callout if there is not enough space with the team's limited fleet of vehicles. I am a dedicated volunteer with the Catalina Amateur Repeater Association, who provides ham radio communications to the island, especially during the island's popular marathons and races in the interior. I have been volunteering with this group since 2016 and, to this day, am one of the few active ham radio operators with a full-size vehicle who are regularly able to devote their time to not only serving for the entirety of the race, but to transport other radio operators that come from the mainland.
There are many times where I was the only island-based volunteer, and were it not for my full- size vehicle, transporting radio operators to their aid stations would have been a logistical nightmare for the Association. I also assist the radio club with transportation to interior radio sites for maintenance. I may also add that the vehicle currently associated with my grandfather's permit is one of the few that still adhere to the 200" size limit for full-size vehicles.
On a personal note, this vehicle was the last possession signed over to me be my grandfather. Ever since my college years, I have driven and cared for my grandpa's vehicle in his old age and he desired to sign-over ownership to me, however, we lost the "pink slip" several years ago. In a stroke of luck, one of my uncles was able to find the lost pink slip while helping clean my grandfather's house of old documents. I contacted the DMV and was given guidance on how to proceed with a vehicle ownership transfer, given that the pink-slip had been dated already, five years prior. Once I printed out the appropriate paperwork, 1 rushed to the hospital and showed my grandfather the lost pink slip and transfer paperwork. While still mentally aware and in sound mind, he was glad to sign the paperwork to grant me ownership of the car. This is the last thing he signed before he passed 4 days later, and I still have a picture and scan of that transfer document for memories. If the owner of this permit were still with us, he would be standing by my side, at the podium, to give his famous smile and seal of approval.
No other immediate family members, spouse or children, of my grandfather are eligible to inherit the residential vehicle permit. My grandmother preceded him in death, two uncles and my mother are currently not residents of Avalon, and another uncle already possesses a residential vehicle permit. Also, I am the registered owner of the vehicle by desire of my grandfather.
Council discussed the possibility of permanent changes to the Avalon Municipal Code in a meeting on March 4, 2025, that would codify the request I am bringing to you today. Because of time restraints and the uncertainty of the future, I come before you today to expedite my fate with this decision. However, I am confident, based off the positive dialogue during that council meeting, that the council will adopt future resolutions to allow Avalon families, in situations similar to mine, to transfer their family's vehicle permits to extended generations. 1 understand there will be difficulty involved with both an affirmative decision, or a negative one. With an affirmative decision, I am able to retain the vehicle on-island and continue its usefulness in my personal life and entrepreneurial ventures, with this process of hearings, paperwork, and nervous waiting paying-off. With a negative decision, I will have to face difficulties with shipping the vehicle off-island, storing it safely, and potentially selling it to relieve myself of the burden of vehicle storage, as well as forfeiting abilities to be an outstanding participant in the community activities previously mentioned.
I am kindly asking for your consideration in approving my appeal to allow for the transfer of my grandfather's residential vehicle permit (full-size) to myself so that I may continue to operate the vehicle to support my business, support the various volunteer organizations I participate in, and forgo the burden of shipping the vehicle off-island. 1 am available and happy to answer any questions you may have on this decision before your meeting.
Sincerely,
Gabriel Saldaña
DEAL SUC
Avalon Resident
CITY OF AVALON CITY COUNCIL
MEETING DATE: August 19, 2025 AGENDA ITEM: _ 5
ORIGINATING DEP: Public Works CITY MANAGER: DMU
PREPARED BY: Jackeline Cordero, Public Works Director
SUBJECT: Approval of Encroachment Permit for Private Improvement within the Public Right-of-Way at 238 Marilla Ave.
RECOMMENDED ACTION(S): 1. Approve encroachment permit at 238 Marilla Ave for the construction of private improvements including new stairs, two off-street golf cart parking spaces, and a waste/recycle can enclosure. 2. Authorize City Manager or his designee to approve to finalize and execute the encroachment permit, associated recordable maintenance covenant/easement, and to negotiate with the property owners REPORT SUMMARY: An application for an Encroachment Permit was submitted by property owner Steve Jones for the property located at 238 Marilla Ave. The application was received on July 29, 2025, and proposes to construct private improvements within the adjacent public-right-of-way (R.O.W.).
The proposed project work:
• Removal and replacement of existing stairs leading to two rental properties. • Construction of two-off street golf cart parking spaces. • Installation of a designated area for trash and recycling containers.
All improvements are located within the public right-of-way frontage area of the property.
The proposed work is intended to improve safety, access, and provide off-street parking for tenants in a constrained hillside neighborhood.
Pursuant to AMC Section 4-9.105, City Council approval is required for permanent encroachments that involve above-ground structures or that may substantially interfere with the use of the public right-of-way.
Per AMC Section 4-9.106, encroachment permits may be granted if the following criteria are met:
(a) The encroachment is necessary or desirable;
(b) The encroachment does not create a substantial adverse impact on persons or property; and
(c) The encroachment does not adversely affect the public health, welfare and safety.
City staff recommends the City Council authorize the City Manager or his designee to negotiate, set for conditions, and execute encroachment permit for the property owner to 238 Marilla Ave, in conformance with Avalon Municipal Code Section 4-9.105 and 4-
9.106.
The proposed encroachment meets the findings for approval:
a) It is desirable as it improves pedestrian access to the property, provides much needed off-street parking, and organizes solid waste containers in a manner improving neighborhood appearance and pedestrian safety;
b) It does not create substantial adverse impacts on nearby properties because they do not impede access to adjacent properties or interfere with existing utilities or public facilities. The improvements do not exceed the area currently used by the applicant, formalizes the improvements, reduces visual clutter, and enhances property frontage; c) It does not adversely affect public health, welfare, or safety because the proposed stairs and parking will comply with applicable grading, drainage, and clearance standards. The layout ensures adequate sightlines and avoids narrowing of the public road or pedestrian pathway. Waste receptacles will be contained to reduce potential obstruction and littering.
The applicant has agreed to:
• Maintain the improvements in a safe and clean condition; • Comply with all terms of the encroachment permit;
• Execute a recordable maintenance covenant/easement (to be executed prior to permit issuance).
When a permit is issued under City Council authority under AMC Section 4-9.105, the City Council may determine the appropriate term of the encroachment permit. The intended improvements are permanent in nature; therefore, staff recommend a term of five years.
AMC Section 4-9. 107 requires, as a condition to permit issuance, the permittee to execute a recordable covenant running with the land, in a form approved by the City Attorney, surrendering possession of the encroachment structure, releasing the City from all claims in the event the City determines to widen or improve the right-of-way, and agreeing to indemnify and hold the City harmless from all liability and damages and from all costs of suit, including attorneys' fees, arising from the encroachment.
Additionally, the City Manager or his designee will set forth the conditions of the wel as maintenance standing stabity polan a bond ate tre of insurance required as FISCAL IMPACTS: None identified.
GOAL ALIGNMENT: Right-of-way, infrastructure improvement.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The applicant would not be able to improve the City right-of-way or install new stairs, two off-street golf cart parking spaces, and a waste/recycle can enclosure.
FOLLOW UP ACTION: Implement City Council direction. Negotiate and finalize encroachment permit and maintenance agreement for property, 238 Marilla Ave.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
1. Applicant's 2025 Encroachment Permit
2. Applicant's ROW Site Plan
CITY OF AVALON
APPLICATION FOR ENCROACHMENT PERMIT
Applicant Name: STEVE JONES Telephone No: (026-482-6348 Mailing Address: BOX 859
Location of Encroachment: 238 MARILLA ALE
Nature of Encroachment: ADD STEP TO SteLy ALBES PreeT ARUS WITH (a).
ADITION OFF STREET PARKINE, WASTE: RELE MEA, " OUCLAL ENHANLED FRONTEE. (Attach copy of plans and specifications of proposed encroachment with this Application) Proposed Permit Term: Effective Date: _ASAP Expiration Date:
Permit term may not exceed five (5) years. (Avalon Municipal Code ("Code") Sec. 4-9.109) (Applicant may annually apply for subsequent one (1) year permit term extensions unless permit is terminated by City or applicant) One year extension requested: yes _ no
Applicant agrees to indemnify, defend (with counsel acceptable to City) and hold harmless the City, its officers and its employees from all liability and damages and from all costs of suit, including attorneys' fees, arising from the encroachment or the permit.
Dated: 7-29-25 Apaicant: Sea
Signature
Terms and Conditions of Permit:
This permit is revocable upon thirty (30) days written notice from the City to applicant at the above address.
This City Council has determined that the issuance of this permit is necessary or desirable, it does not create a substantial adverse impact on persons or property and it does not adversely affect the public health, welfare and safety.
Permit fee amount $
This permit only entitles applicant to construct the encroachment structure described in this Application on City- owned property. It does not give applicant exclusive use of City-owned property or the right to exclude others from City-owned property:
As a condition of issuance of this permit, applicant shall execute a recordable covenant running with the land, in a form approved by the City Attorney, which: (a) surrenders possession of the encroachment structure, releasing the City from all claims in the event that the City determines to widen or improve the street, alley, parkway, or other public place where the encroachment is located; and (b) indemnifies, defends and holds the City harmless from all liability and damages and from costs of suit, including attorney fees, arising from the encroachment or the permit. (Code Sec. 4-9.107).
Unless waived by the City Manager, applicant shall post and maintain for the term of the permit, a security bond In the amount of $. _or cash equivalent.
Unless waived by the City Manager, applicant shall provide the City with a copy of liability insurance (combined single limit for bodily injury and/or property damage) in the amount of $. listing the City as additional insured, and shall maintain said insurance for the term of the permit.
Applicant shall construct and maintain all encroachment structures in accordance with the plans and specifications submitted to the City with this Application, and shall maintain and keep all encroachments in clean and safe condition for the term of the permit.
Encroachment structures shall be removed by the expiration of the permit term or within 30 days of written notice of revocation of the permit by the City to applicant. If applicant fails to timely remove the encroachment or fails to comply with the terms of the encroachment permit, the City may remove or cause the removal of the encroachment and applicant shall be liable for all costs incurred by the City for such action. (Code Sec. 4-
9.110)
Additional Permit Conditions:
Date Permit Granted: Permit Expiration Date:
By: _ _City Manager (Code Sec. 4-9.103 Minor Encroachments); City Manager Signature
_City Council, Agenda Date:
10'-0" 1(2) NEW OFF STREET
PARKING
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HELD IN PLACE ADIT AL STIRUPS AND BARS SHALL
ADDITIONAL STIRUPS AND BARS SHALL BE
ADDED AS NECESSARY TO PROPERLY SUPPORT THE STEEL.
REINFORCING STEEL SHALL NOT BE WELDED UNLESS
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2022 Califomnia Green Building Code -
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07/01/2025
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CITY OF AVALON CITY COUNCIL
MEETING DATE: August 19, 2025 AGENDA ITEM:_ 6
ORIGINATING DEP: Administration CITY MANAGER: DIM
PREPARED BY: Jocelyn Francis, Assistant City Manager
SUBJECT: Supplemental Fee Agreement for the Pebbly Beach Landfill Site Life Optimization Project Approval with the County of RECOMMENDED ACTION(S): 1. Approve the attached Supplemental Fee Agreement with the County of Los Angeles for the Pebbly Beach Landfill Site Life Optimization Project. 2. Authorize the City Manager or designee to execute the Agreement on behalf of the City. 3. Authorize the City Manager or designee to reimburse the County of Los Angeles up to $72,000.
BACKGROUND: The City of Avalon, as the project proponent, is working collaboratively with the Los Angeles County Department of Regional Planning and other County departments to process land use and zoning entitlement applications related to the Pebbly Beach Landfill Site Life Optimization Project. The project seeks to extend the operational life of the Pebbly Beach Landfill while meeting regulatory compliance requirements and advancing waste management sustainability on Santa Catalina Island.
Additional information on the Pebbly Beach Landfill Site Life Optimization Project can be found on the City's project webpage: www.cityofavalon.gov/pbl.
The County has determined that the project qualifies as a "major project" under Title 22, Chapter 22.246 of the Los Angeles County Code. As such, the County utilizes a Major Projects Review Trust Fund to allocate additional resources, including staff and outside counsel, to ensure timely and thorough California Environmental Quality Act (CEQA) review and processing of all required permits and approvals.
The Supplemental Fee Agreement establishes a trust fund account funded by the City (Developer) to reimburse the County for the actual costs of project review, environmental analysis, and other related processing activities in excess of standard application fees.
The Agreement outlines:
• Initial and Supplemental Deposits: An initial deposit of $5,000 followed by a supplemental $5,000 deposit, for total initial funding of $10,000. • Processing Services: It is has been estimated total processing services will cost approximately $55,000.
• CEQA Review Services: It has been estimated an additional $5,000 for Outside Counsel will be required for this project.
• Quarterly Reviews: The City and County will meet quarterly to assess remaining funds, review work progress, and determine upcoming estimated costs. • Use of Funds: Deposits will be used to cover County personnel, outside counsel, technical studies, and related expenses necessary to process the project efficiently while maintaining independent review.
• Project Schedule: Both parties will use best efforts to adhere to the mutually agreed processing schedule.
This agreement is essential to maintain momentum on the Pebbly Beach Landfill Site Life Optimization Project, ensure timely review, and avoid delays caused by limited County staffing resources. City staff will return to the City Council if reimbursements look to exceed $72,000 (expected $60,000 in fees with a recommended 20% contingency).
FISCAL IMPACTS: Expenses associated with this Agreement have been budgeted in the FY2025/2026 Solid Waste Fund account 13125-6547-202503.
GOAL ALIGNMENT: Not applicable.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will risk not meeting tight project timelines for the Pebbly Beach Landfill Site Life Optimization Project.
FOLLOW UP ACTION: Execute an agreement with the County of Los Angeles.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
1. Supplemental Fee Agreement
SUPPLEMENTAL FEE AGREEMENT
This Supplemental Fee Agreement ("Agreement") is made and entered into as of the Execution Date (as defined below), by and between the City of Avalon ("Developer") and the County of Los Angeles ("County") (sometimes referred to individually as "Party" and collectively, the "Parties").
RECITALS
A. Developer is currently engaged in the development process for a major land use project to be located in the unincorporated area of Santa Catalina Island in Los Angeles County.
B. The Los Angeles County Department of Regional Planning ("LA County Planning") intends to process the Developer's land use and zoning entitlement applications in connection with the Pebbly Beach Landfill site optimization project entitled Pebbly Beach Landfill Site Optimization Project ("Pebbly Beach Landfill Optimization") on approximately 6.67 acres within the unincorporated area of Santa Catalina Island in Los Angeles County. The Pebbly Beach Optimization project applications covered by this Agreement may include, but are not limited to, conditional use permit(s), coastal development permits), and accompanying environmental documents, as well as implementation of said applications (if approved), collectively referred to hereinafter as the "Major Project."
C. Pursuant to Title 22, Chapter 22.246, Sections 22.246.050.A through
22.246.050.D of the Los Angeles County Code ("County Code"), the County has established a Major Projects Review Trust Fund ("Trust Fund"') as a mechanism to provide additional human and physical resources to the County solely to process discretionary land use actions and to prepare and/or review associated environmental documents for major projects proposed in the County. This Agreement is consistent with the County's Strategic Plan goals of Fostering Vibrant and Resilient Communities and Realize Tomorrow's Government Today. This Agreement will improve service delivery to Developer as a major project applicant as well as prevent detrimental impact to other ongoing planning responsibilities of the County. The Agreement will recover costs associated with providing additional resources for the Major Project, to include Outside Counsel (as referenced in Sections G and H below) resources for California Environmental Quality Act ("CEQA") review of this Major Project.
D. The Director of LA County Planning has determined pursuant to Section
22.246.050 of the County Code that the project described in Section B above qualifies as a "major project" within the meaning of that section.
E. The County, through LA County Planning working in conjunction with other involved County Departments, is responsible for planning for, processing, and/or implementing (if approved) the Major Project.
F. The Major Project will place an increased burden on the County's resources and interfere with the ongoing planning and engineering responsibilities as well as timely review of other projects. The County has a need for additional human and physical resources related to the review of the Major Project to plan for and process it without disruption to HOA. 104303827.1 - 1 -
Pebbly Beach Landfill Optimization Project Supplemental Fee Agreement its other responsibilities. The Trust Fund mechanism will allow the County to be compensated by the Developer for the actual costs incurred in planning for, processing, and/or implementing (if approved) the Major Project, to include the CEQA coordination and review of the Major Project. The amounts paid into the Trust Fund by the Developer will provide the County with additional resources that will enable it, without impairment of its general responsibilities, to plan for and/or process the Major Project in a manner that ensures independent scrutiny by the County and timely performance by the County.
G. The County determined that additional assistance for the environmental review of the Major Project from private law firm attorneys ("Outside Counsel") is necessary to ensure coordinated, efficient, and timely review of this Major Project and that funding is necessary to compensate Outside Counsel for the cost of their processing services; provided that selection of Outside Counsel is subject to Developer's prior consent, which shall not be unreasonably withheld, conditioned, or delayed.
H. The deposits submitted by Developer pursuant to this Agreement are intended to be in addition to, and not in lieu of, standard processing fees to compensate the County for its actual costs to process certain discretionary actions and the related environmental review, to include pre-application counseling and retaining Outside Counsel for environmental review of a potential Environmental Impact Report ("EIR") and associated technical studies. Under current applicable laws, policies, and procedures, the County assesses fees as compensation for the actual costs incurred in reviewing certain applications such as a specific plan, and conducting the necessary environmental review for all projects consistent with CEQA. However, the Trust Fund mechanism is necessary to provide the County with sufficient resources to ensure timely performance by the County of its obligations in connection with the Major Project without interfering with the County's ongoing responsibilities for the timely review of other projects. Therefore, it is the intent of the Parties that the deposits paid by Developer pursuant to this Agreement be utilized to compensate the County for actual costs, in excess of those covered by its standard processing fees, incurred in processing the Major Project, including utilizing Outside Counsel to conduct environmental review pursuant to CEQA of this Major Project, in a timely fashion.
I. It is the intent of the Parties that the planning for, and/or processing of the Major Project take place in accordance with the processing schedule set forth as Appendix A (the "Schedule"). LA County Planning agrees to use its best efforts to process the Major Project in accordance with the Schedule. The Parties shall meet quarterly to review and make changes, if necessary, to the Schedule.
J. The Parties desire to enter into this Agreement whereby the County will establish a Trust Fund account into which the Developer will deposit funds to the County, separate from and in addition to the standard processing fees for the Major Project, that will compensate the County for the actual costs of the County's resources allocated to planning for and processing the Major Project, including retention of Outside Counsel to provide environmental review services related to the HOA.104303827.1 - 2-
Pebbly Beach Landfill Optimization Project Supplemental Fee Agreement Major Project.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants contained in this Agreement, the Parties hereby agree as follows:
1. Deposit of Fees.
(a) Deposit of Standard Processing Fees. All standard processing fees hereafter paid by the Developer in connection with the Major Project to LA County Planning shall be deposited into the Trust Fund and disbursed in accordance with the provisions of this Agreement and County accounting procedures. For the purpose of the Agreement, the Trust Fund shall be inclusive of all deposit accounts in connection with this Agreement and the Major Project.
(b) Non-Processing Fees and Surcharges. The Developer shall be required in agende role our eating a any rose. to pay all other fees or surcharges, as applicable, which are normally collected by any of the agencies or other County Departments for any processing services for the Major Project. Such fees shall not be subject to this Agreement and shall not be deposited into the Trust Fund, but shall be paid directly to the appropriate agency or County Department.
2. Deposit of Funds. Within ten (10) business days after the Execution Date, the Developer shall deposit the initial sum of Five Thousand dollars ($5,000.00) into the Trust Fund ("Initial Deposit"). The County shall accept such Initial Deposit and establish a separate interest bearing accounts) known as the Pebbly Beach Landfill Optimization Project Account (the "Account"), interest on which shall be credited to and become part of the Account when received, for the sole purpose of compensating the County in accordance with the terms of this Agreement for certain costs and expenses incurred in connection with processing the Major Project ("Processing Expenses"), including expenses for CEQA review by Outside Counsel for the Major Project ("Outside Counsel Expenses").
The Parties hereby authorize LA County Planning to administer and maintain the accounting record for the Account pursuant to customary accounting procedures accepted by the County. Within two (2) months of the Execution Date or as otherwise agreed to by the Developer and the County, but in no event later than six (6) months from the Execution Date, the Developer shall deposit an additional sum of Five Thousand dollars ($5,000.00) into the Account (Supplemental Deposit"). The total funds in the Account from the Initial Deposit and Supplemental Deposit shall total Ten Thousand dollars ($10,000.00) and any interest accrued on such funds shall hereinafter be collectively referred to as the "Funds."
3. Processing Services. In order to process the Major Project in accordance with the Schedule, the County shall provide the services described in Appendix D ("Processing Services"). The cost of the Processing Services has been estimated to be approximately $55,000.00 as set forth in Appendix B ("Cost Estimates"). This estimate includes the cost of processing services from other agencies, including, but not limited to, environmental document reviews associated with the Major Project.
4. CEQA Review Services. To process the Major Project, Outside Counsel will work with LA County Planning, and any other County departments as necessary, to provide the services described in Appendix D. The cost of the Processing Services provided by Outside Counsel shall not exceed the estimated amount of Five Thousand HOA. 104303827.1 - 3-
Pebbly Beach Landfill Optimization Project Supplemental Fee Agreement dollars ($5,000.00) as set forth in Appendix B unless otherwise agreed to in writing by the Parties. Outside Counsel's billing rates shall be consistent with those typically charged to the County.
5. Disbursement of Funds.
(a) The County may disburse Funds from the Account at its sole discretion in accordance with the terms of this Agreement.
Services for the current quarterly period and the estimated costs ("Estimated Costs"" thereof. No later than seven (7) business days after the end of each quarterly period during the term of this Agreement, LA County Planning shall provide to the Developer a signed and dated Processing Expense Report in the form attached hereto as Appendix C ("Processing and Outside Counsel Expense Report").
(c) No later than twenty-five (25) business days after the beginning of each quarterly period during the term of this Agreement, the Developer shall deposit the agreed upon Estimated Costs for such quarterly period into the Account. Funds remaining in the Account at the end of each quarterly period shall be taken into account in determining the amount of the deposit for the next quarterly period. (d) If at any time during the term of this Agreement LA County Planning determines that the amount of Funds in the Account will be exhausted prior to the end of the then-current quarterly period, LA County Planning shall promptly advise the Developer of the amount of such shortfall and the Developer shall, within thirty (30) days, deposit additional funds into the Account in the amount that LA County Planning determines necessary to cover the projected shortfall for such quarterly period.
Notwithstanding the foregoing requirement for an additional deposit, if the Developer questions the need for, or the amount of, such additional Funds, the Parties shall convene a meeting to be held within ten (10) business days of such notice of shortfall, at which all Parties will negotiate in good faith to determine the amount of Funds necessary to compensate the County for Processing Expenses and Environmental Review Expenses for such quarterly period. The Developer shall promptly thereafter deposit the agreed upon amount. Notwithstanding any provision of this Agreement to the contrary, in the event that less than the minimum balance is maintained in the Trust Fund or otherwise insufficient funds remain in the Trust Fund to compensate the County for Processing and Environmental Review Services, LA County Planning may cease processing the Major Project until such time as the Trust Fund contains sufficient funds. For the purpose of this agreement, the minimum balance shall be Five Thousand dollars ($5,000.00) until the Supplemental Deposit is received; after the Supplemental Deposit is received, the minimum balance shall be Ten Thousand dollars ($10,000.00).
6. Independent Control of Employees, Consultants, and Outside Counsel by County.
Nothing in this Agreement shall preclude or restrict the County from allocating to the preparation and/or evaluation of the Major Project, any resource, to be provided to the County at the County's or another's expense, in addition to the resources provided by the Trust Fund under the terms of this Agreement. The County has the sole discretion to HOA. 104303827.1 - 4-
Pebbly Beach Landfill Optimization Project Supplemental Fee Agreement direct the work of any County employee or expert consultant retained to evaluate or to assist with the preparation of the Major Project, including assisting Outside Counsel, who shall report to and be under the direct supervision of County managers, including County attorneys. The compensation of any such employee or consultant shall be exclusively determined by the County. This Agreement is not contingent upon the hiring and/or retention of any specific employee or consultant by Outside Counsel.
7. Independent Control and Review by County. Notwithstanding anything to the contrary in this Agreement, this Agreement shall not control, limit, or influence any County approval, disapproval or condition of the Major Project. The Hearing Officer, the Regional Planning Commission, and the Board of Supervisors shall retain full discretionary authority with respect to their actions on the Major Project.
8. Outside Counsel Expenses. Outside Counsel Expenses payable from the Funds shall consist solely of the personnel and other costs to the County that are directly associated with the retention of Outside Counsel to conduct CEQA environmental review for the Major Project and documented according to the procedures set forth in the Appendix C.
9. Allocated Positions. The number and type of personnel that the County shall assign and dedicate to process the Major Project ("Allocated Positions") are set forth in Appendix B. The County shall have the sole discretion to determine which employees are assigned to fill the Allocated Positions and to replace any employee assigned to an Allocated Position provided, however, that the Allocated Positions consist of two types of positions, Dedicated Positions and As-Needed Positions, as described in Subparagraphs 9(a) and 9(b) below. Allocated positions can include both internal (LA County Planning) and external (consultant) personnel. Upon mutual agreement of the Parties, the number and type of Allocated Positions may be increased or decreased, to correspond with the demands of the Major Project. All costs associated with an increase in Allocated Positions shall be the responsibility of the Developer.
(a) Dedicated Positions. Dedicated Positions are the positions allocated exclusively to provide Processing Services to the Major Project and shall not be assigned to any other related projects, unless the Parties mutually agree otherwise. During abeyance periods, the Dedicated Positions are held in reserve for work related to the Major Project but may work on other unrelated assignments. These are the primary positions for LA County Planning to perform the Processing Services. Full wages based on the current approved Billing Rates by the Los Angeles County Auditor-Controller for the Dedicated Positions shall be fully reimbursed by the Developer. LA County Planning shall assign at least one dedicated planning employee to fill the Dedicated Position(s). During the Term of the Agreement the LA County Planning employee may be transferred to other department divisions within LA County Planning. If the LA County Planning employee is transferred or reassigned, a suitable replacement with another department employee shall be provided within a reasonable time. During this replacement process, the Developer shall not be responsible for any costs associated with the transferred or reassigned LA County Planning employee. (b) As-Needed Positions. As-Needed Positions are the positions allocated only when there is need to require more staff or consultants performing the Processing Services for the Major Project. These positions shall be in addition to the Dedicated Positions. The Developer shall fully reimburse LA County Planning for costs associated with the As- HOA.104303827.1 - 5 -
Pebbly Beach Landfill Optimization Project Supplemental Fee Agreement Needed Positions. LA County Planning may assign one or more employees, either internal LA County staff or external (consultant) personnel with special expertise to fill each of the As-Needed Positions. For the purpose of this Agreement, external personnel with special expertise may include, but not be limited to, firms or individuals with qualified experience in the area of biology, environmental impact assessment, mitigation monitoring, landfill design and operation, and specific plan and local coastal program implementation.
10. Processing Expenses. The Processing Expenses payable from the Funds shall consist solely of the personnel and other costs of the County that are directly associated with the Processing Services and are documented according to the procedures set forth in Appendix C;
(a) the costs of the wages, including estimated overtime, for each of the Allocated Positions based on the applicable billing rates multiplied by the Processing Services hours and the costs of retaining experts as necessary to assist in providing Processing Services or implementation of the Major Project pursuant to the consultant contract; (b) the costs of certain material, equipment, and office/administrative or communications services expenses described in Appendix C; (c) all reasonable out-of-pocket expenses incurred in connection with the performance of services pursuant to this Agreement by any employee assigned to an Allocated Position provided that the Developer does not object to such expenditures; and (d) as a commitment for timely processing of the Major Project, LA County Planning may arrange with other County departments and agencies to secure the provision of services for the Major Project. The Developer shall cover the costs for these services with appropriate deposits into the Account.
11. Record Management and Review. Prior to the Execution Date, the County will implement, and throughout the term of this Agreement shall maintain, accounting procedures that document the Processing and Outside Counsel Expenses, which includes submitting billing to the Office of the Los Angeles County Counsel ("County Counsel Office") for review and processing followed by reimbursement requests from the County Counsel Office to LA County Planning, in a manner sufficient to comply with the reporting requirements of Appendix C. LA County Planning shall keep records of all disbursements from the Account, all deposits to the Account, and all expense reports.
Each employee or consultant assigned to an Allocated Position shall make a daily record of any time spent processing the Major Project. Such record shall include a brief description of the task(s) performed during such time. LA County Planning shall obtain receipts for or other evidence of the cost of all acquisitions of material and equipment and other expenditures that it invoices or debits as Processing Expenses. During the term of this Agreement and for a period of two years thereafter, LA County Planning shall retain these records. During the term of this Agreement, LA County Planning shall deliver to Developer quarterly reports outlining expenses incurred during the prior calendar month that are subject to this Agreement. Such quarterly reports shall include, at a minimum, (a) the name of each person billing time, (b) such person's billing rate, (c) the number of hours billed, and (d) a general summary of the work completed; provided, however, that quarterly reports relating to Outside Counsel's work shall not include a general summary. The Developer or its representatives, from time to time and upon reasonable advance notice, may examine and copy such records during normal business hours. Reasonable costs incurred by the County as a result of any copying of such records shall be payable from the Funds.
HOA.104303827.1 - 6-
Pebbly Beach Landfill Optimization Project Supplemental Fee Agreement
12. Schedule (Appendix A). The Parties agree to use best efforts to process the discretionary actions and necessary review associated with the Major Project in accordance with a Schedule agreed upon by both Parties. The Parties shall negotiate in good faith any changes in the Schedule and shall meet quarterly or as often as necessary to review and make changes or adjustments, if necessary, to the Schedule. Unless the Parties fail to act in good faith, failure to meet the time periods designated in the Schedule within the control of LA County Planning or the Developer shall not constitute a breach of this Agreement.
13. Term of Agreement. This Agreement shall commence upon execution by all Parties (Execution Date"), and shall terminate 10 years from the Execution Date, ("Termination Date") unless sooner terminated as provided below in Section 14, provided, however, that the Parties may mutually agree in writing to extend the term of this Agreement by negotiating such extension at least ninety (90) days prior to the Termination Date. Notwithstanding anything to the contrary contained in this Agreement, in no event shall the term of this Agreement extend beyond the end of the calendar year quarter in which the County has completed the processing and implementation of the Major Project. Unless the Agreement is extended, all provisions of this Agreement shall terminate on the Termination Date, and the County shall promptly return to the Developer any Funds, plus accrued interest, remaining in the Account (less any Processing or Outside Counsel Expense thereto incurred but not yet charged to the Account). In addition, the Parties agree that the cost (based upon terms in this Agreement) of any activities provided by the County between November 19, 2024, and the Execution Date that would have qualified as Processing or Outside Counsel Services, pursuant to Section 3 above, will be covered by this Agreement; such costs will be recoverable by County from the Trust Fund upon execution of this Agreement.
14. Termination. Prior to the Termination Date, either the Developer or the County may terminate its rights and obligations under this Agreement, with or without cause, upon sixty (60) days' notice given to the other Party. Upon receipt of notice of termination from the Developer, the County will request Outside Counsel to stop providing services related to all requested entitlements required by the Major Project within fifteen (15) days so as to avoid incurring additional Outside Counsel Expenses.
15. Effect of Termination. Upon termination pursuant to Section 14 of this Agreement, the County's and Developer's obligations under this Agreement shall terminate, and the County shall return to the Developer any Funds, plus accrued interest, remaining in the Account less any Processing or Outside Counsel Expenses incurred in due course through the effective date of the termination, but not yet charged to the Account.
16. Notices. Unless otherwise provided herein, any notice, request, consent, instruction, or other document to be given hereunder by any Party to the others shall be in writing and delivered in person or by courier, telegraphed, telexed, or by facsimile transmission (with confirmed receipt) or mailed by first-class mail, postage orepaid (each such notice to be effective on the date received), as follows:
HOA. 104303827.1 - 7-
Pebbly Beach Landfill Optimization Project Supplemental Fee Agreement If to Developer: City of Avalon
410 Avalon Canyon Road
Avalon, California 90704
Attention: Jocelyn Francis
Courtesy Rincon Consultants
Copy: 290 Maple Court, Suite 120
Ventura, California 93003
Attention: Brenda Eells
If to County: Department of Regional Planning
County of Los Angeles
320 West Temple Street, 13h Floor
Los Angeles, California 90012
Attention: Amy J. Bodek, AICP
Director of Regional Planning
or to such other place and with such other copies as any Party may designate as to itself by written notice to the other Party.
17. Entire Agreement. This Agreement constitutes the entire agreement among the Parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the Parties. No supplement, modification, or waiver of this Agreement shall be binding unless executed in writing by both Parties.
18. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
19. Severability, If any one or more of the provisions contained in this Agreement shall be found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not, in any way, be affected or impaired thereby.
20. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California.
21. Headings and Captions, The headings and captions to the various articles, sections, subsections, subdivisions, and other provisions of this Agreement have been inserted for convenient reference only, and shall not have the effect of amending or changing the express terms and provisions of any such article, section, subsection, subdivision, or other such provisions thereof.
22. Public Record. This Agreement and all written documents pursuant hereto shall be maintained as a public record.
23. No Third-Party Beneficiaries. The Parties agree that this Agreement is solely for their benefit, and it does not, nor is it intended to, create any rights in favor of or obligation HOA. 104303827.1 - 8-
Pebbly Beach Landfill Optimization Project Supplemental Fee Agreement owing to any third parties.
IN WITNESS WHEREOF, the Parties have hereunto caused this Agreement to be executed and delivered, as of the date first appearing above, by their duly authorized officers.
HOA.104303827.1 - 9-
Pebbly Beach Landfill Optimization Project Supplemental Fee Agreement
COUNTY OF LOS ANGELES
By: Date:
FESIA A. DAVENPORT
Chief Executive Officer
DEVELOPER
CITY OF AVALON
By: Date:
JOCELYN FRANCIS
Assistant City Manager
Approved as to Form:
DAWYN R. HARRISON
County Counsel
By: Date:
STARR COLEMAN
Assistant County Counsel
HOA. 104303827.1 - 10
Pebbly Beach Landfill Optimization Project Supplemental Fee Agreement
APPENDIX A - SCHEDULE
APPLICATION REVIEW
• Initial review of Significant Ecological Areas Conditional Use Permit (RPPL2024005997), Coastal Development Permit (RPPL2024005996), and any other land use entitlement applications deemed required as part of initial review (e.g., Variance) • Additional rounds of review based on LA County Planning comments and correction:
intil materials submitted comply with applicable land use and zoning regulations an relevant land use plan goals and policies associated with the Major Project CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") REVIEW
• Prepare and/or review Initial Study and undertake AB 52 tribal consultation • Conduct additional rounds of review of Initial Study based on LA County Planning comments and corrections
• Undertake Initial Study consultation review with relevant departments and agencies • Determine level of CEQA review required based on final Initial Study prepared • Undertake additional CEQA review as required (e.g., preparation of Mitigation Monitoring or Reporting Program, Environmental Impact Report ("EIR") preparation., etc.) • If EIR required:
• Notice of Preparation and scoping meeting
• Administrative Draft EIR
• Internal LA County Planning review/comment
• External County department review/comment
• Draft EIR and Notice of Completion
• Preparation of Hearing Examiner package
• Preparation of Final EIR
• Revise EIR based on public review/comment
LAND USE ENTITLEMENT(S) COUNTY CONSULTATION AND STAFF BIOLOGIST REVIEW • Prepare materials and undertake County consultation with relevant county departments (e.g., Public Works, Public Health, Fire, and Parks & Recreation) and County staff • Conduct additional rounds of County consultation and County staff biologist review based on previous reviews and comments
SIGNIFICANT ECOLOGICAL AREAS TECHNICAL ADVISORY COMMITTEE ("SEATAC")
REVIEW AND CLEARANCE
• In consultation with County staff biologists, prepare SEATAC package and schedule Major Project for SEATAC meeting
• Attend and take part in SEATAC meeting
• Conduct additional rounds of SEATAC review based on comments received at previous SEATAC meetings
PUBLIC HEARING
• Prepare staff report and hearing package for Regional Planning Commission ("RPC") • Schedule, notice, and attend initial RPC hearing
• Work through any continuances or required revisions based on RPC hearing(s) • Obtain RPC decision
• Work through any appeals to the Board of Supervisors and California Coastal Commission
PROJECT FINALIZATION
• Prepare and execute final fee payments, affidavit of acceptance, findings, conditions, Exhibit "A", and any CEQA documents required (e.g., Notice of Determination)
APPENDIX B
COST ESTIMATE
Task Estimated Cost
ASSIGNED POSITIONS, COUNTY PLANNING
1. Review of Environmental Documents, including the NOP, Initial Study, administrative EIR, draft EIR, final EIR, and various $26,424 technical reports and studies
Coordination and preparation of, and attendance at, scoping $0 meetings related to the environmental review and determination County Biologist site visits to evaluate existing conditions, conduct field surveys, and establish ideal locations and measures $5,430 for onsite and offsite mitigation
4. Technical Review of land use and zoning maps and exhibits, to include biological reports, technical reports, conceptual site plan design exhibits, landscaping and planting exhibits, architectural $9,818 renderings, 3-D models, perspective and contextual exhibits, and photo-simulation exhibits
5. Preparation of reports, processing, coordination, and presentation 50 of permits/entitlements at Interdepartmental Team Meetings Presentations, discussions, and recommendations related to the Design Evaluation Team process as well as other internal forums $1,282.17 such as Project Review at the discretion of the Director
7. Periodic site visits and/or products associated with Developer providing up-to-date information regarding site conditions (such $1,963.60 as with written reports, color photos, and video)
8. Site inspections to investigate reported nuisances and/or potential zoning violations, to include follow-up inspections to determine
9. Preparation of staff report, findings and conditions of approval, and the coordination and processing of meetings and hearings for $9,818 the Hearing Examiner, Regional Planning Commission, and Board of Supervisors
10. Coordination, preparation and attendance with or without formal presentations at community and HOA/town council/neighborhood association meetings, inside or outside of normal business hours
11. Responding to public inquiries and Public Records Act (PRA) requests regarding the Major Project, to include coordination and $0
consultation with other County departments and Agencies, and County and Outside Counsel
12. Intradepartmental coordination and review of the Major Project or certain aspects of, such as Environmental Mitigation Programs $0 and determining consistency with upcoming Community/Area Plan and Subdivisions/Zoning Ordinance
County Planning Assigned Positions Estimated Total: $54,735.77
OUTSIDE COUNSEL (IF NEEDED)
Kick-Off $O
2. Project Description $O
3. Draft EIR and Technical Appendices $0
4. Comments on Draft EIR $0
5. Review Final EIR $0
6. Draft CEQA Findings Resolution $0
7. Public Meeting Preparation $0
8. Attending Standing Project Meetings $0
9. Incidentals $0
10. Technical Subconsultant Costs $0
Outside Counsel Estimated Total': $0
PUBLIC WORKS
Attendance of meetings $0
Public Works Estimated Total: $0
ALL PARTIES
SFA Overall Estimated Total: $54,735.77
All estimates are based on an averaged hourly rate of the lead attorney and senior associate per the hourly rates set forth in the Engagement Agreement.
APPENDIX C
XXXX MAJOR PROJECTS TRUST FUND (X) - PROCESSING EXPENSE REPORT FYXXXXX Date:
Quarter:
Carried forward balance Fiscal Year
Total
Quarterly Deposits into the Account: (Including Interest) a. FY: 2024-25 1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
Total After Interest (a) $0.00
Quarterly Disbursements from the Account
a. FY: 2024-25 1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
Total Disbursements: (b)
Adjusted the rounding difference:
Account Balance After Disbursements: (c) $0.00
Processing Expenses Disbursed During Present Quarter:
Employee Hours Rate Wages
$0.00
$0.00
$0.00
" # # • " # # $0.00
$0.00
=
0.0 Total Staff Wages for Processing Services; $0.00
Material & Equipment: (Itemize on separate sheet)
C. Attachment C $0.00
Total Processing Exp Disbursed During Present Quarter: $0.00
6. Account Balance:
: Project Processing Expense Through Next Quarte
. Project Account Balance Through Next Quarte
9. Other:
10. Balance Due To Fully Fund Processing Expenses Through Next Quarter:
Notes: I hereby certify that the Processing Expenses itemized on this Processing Expense Report are documented in accordance with the Documentation Procedures for Processing Expenses as set forth in the Supplemental Fee Agreement for this project.
By: Anna Yang
Title: Accountant Ill
Date: XXXX
C. Reimbursables
Invoice Description Amount JVCT Date
Total 0.00
APPENDIX D
Processing Services
1. Processing Services. Processing Services applicable to this Agreement refer to those planning and processing services of the County Departments, Outside Counsel and consultants necessary to process the Major Project discussed above in the Recitals, including interdepartmental coordination and communication as necessary. These Processing Services shall include all work performed by the County Departments, Outside Counsel, and its consultants to process those cases filed for the Major Project. The primary intent of the Processing Services covered under this Agreement is for the County Departments to take all necessary actions and prepare all necessary reports required to conduct public hearings before the Hearing Officer/Hearing Examiner, the Regional Planning Commission, and the Board of Supervisors, as applicable, on the Major Project, including, but not limited to, interdepartmental coordination, communication, and oversight, including regular meetings held by the Project Coordinator and the County Departments' Allocated Positions.
2. Time Period. This Agreement establishes the Major Project activities outlined in Appendix A ("Schedule"). Under no circumstances shall the provisions of this Agreement presuppose a commitment on the part of the County to approve the Major Project or to approve such projects within a specified time period given that such action is not within the control of the County Departments.
Responsibility for timely completion of much of the initial work required for processing of the Discretionary Actions belongs to the Developer. Should delays be experienced in the preparation of documents needed by the Countyto fulfill its obligations under this Agreement, the Parties shall modify the terms of the Agreement to reflect such delays as necessary.
3. Quarterly Reports and Payments. According to the Agreement, payments to the County and disbursement of funds by the County shall be performed on a quarterly basis.
CITY OF AVALON CITY COUNCIL
MEETING DATE: August 19, 2025 AGENDA ITEM: 7
ORIGINATING DEP: Administration CITY MANAGER: DMU
PREPARED BY: David Maistros, City Manager
SUBJECT: Resolution Adopting Memorandums of Understanding Between the City of Avalon and International Association of Firefighters Local 2295 for the Contract Period July 1, 2025 through June 30, 2028 RECOMMENDED ACTION(S): Adopt the resolution adopting Memorandums of Understanding and Salary Schedules between the City of Avalon and the International Association of Firefighters Local 2295 for the contract period July 1, 2025 through June 30, 2028.
REPORT SUMMARY: The 2022-2025 Memorandum of Understanding (MOU) between the City of Avalon and International Association of Firefighters Local 2295 (IAFF), Management and Confidential Employees was adopted on May 3, 2022.
All MOUs expired on June 30, 2025.
Negotiations between the City and all labor associations/unions began in June 2025.
Negotiations were delayed, in part due to the release of the final Compensation Study from Public Sector Personnel Consultants. The final draft of the Compensation Study was received and distributed to City Staff and association/union representatives on June 3, 2025.
On August 5, 2025 the City Council adopted resolutions adopting MOUs between the City of Avalon and the Avalon Municipal Employee, Confidential and Management labor associations.
After an approximate 60-day negotiation period, the following amendments are proposed for the IAFF 2025-2028 MOUs:
1. Modified Travel Allowance from reimbursement for up to two commuter books annually to a one-time annual disbursement of $600.
2. Increased uniform allowance from $1,500.00 to $2,000.00.
3. Increased mobile device stipend to $50.00 per pay period to cover mandatory use of communication app.
4. Amended overtime language to clarify a 106 hour/14 day work period and eliminated vacation time from hours worked when calculating overtime.
5. Eliminated language to clarify current and past practice related to CaPERS retirement contribution calculations.
6. Eliminated old "cost of living" language and incorporated a 2.5% COLA into the wage schedules.
7. Decreased the Vacation Time Cap from 960 to 720 hours.
8. Included "Stand-By Duty Pay" provision allowing for compensation when Fire Chief designates staff to be available to be ready to respond and return to duty under anticipated emergent circumstances or in the absence of the Chief.
9. Eliminated sick time cash out language that would have become effective January 1, 2026.
10. Decreased the Sick Time cash out at retirement from 720 hours to 360 hours.
11. Adopted a new wage schedule consistent with the findings of the Compensation Study effectively placing all salary schedules at, or above, the Compensation Study's market rate. The new wage schedules provide a 10 step 2.5% progression combined with an annual 2.5% cost of living adjustment.
12. Provided for every employee to be advanced to the next Step on the new wage schedule that is at least 5.5% higher than the employee's rate as of June 30, 2025, retroactive to the first full pay period of July 2025 upon ratification of this MOU.
All MOUs contain a provision regarding parity for all associations/unions regarding healthcare and cost of living increases.
In the 2025-2028 MOUs, Healthcare benefits have been modified as follows:
1. Effective January 1, 2026, the various health insurance plan offerings for employees are increasing anywhere from 3.6% to 13.6% depending on the plan selected. The MOU's provide for the city to increase its share of Health Insurance premium by 13.6% effective immediately. This increase will ensure that no employee will experience an increase in health insurance for 2026.
2. Increased the Health In-Lieu Opt-Out Benefit incentive from $300 to $325 per month.
3. Provides for an additional increase to the city's health insurance cap of 2.5% in 2027 and 2028.
4. Includes "safety net" language to allow for re-opening the health insurance language should the premiums increase 12.5% or more in 2027 or a combined 20% in 2027 and 2028.
FISCAL IMPACTS: Fiscal implications of this MOU has been integrated into the Fiscal Year 2025-2026 Budget. A budget amendment will be required for health insurance after all MOUs are adopted.
GOAL ALIGNMENT: Fiscal and organizational stability.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The current MOUs will remain expired.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENT: IAFF MOU Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF AVALON AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 EFFECTIVE JULY 1, 2025 THROUGH JUNE 30, 2028
WHEREAS, the International Association of Firefighters Local 2295 (IAFF) is a recognized employees organization representing employees in the classification of Fire Captain, Fire Engineer and Fire Fighter; and
in June 2025; anS, the City requested and the lAFF agreed to open contract negotiations WHEREAS, the City has satisfied its obligations under Government Code Section 3505 and the City Personnel Rules and Regulations to meet and confer over the terms and conditions of employment contained in the MOU; and
WHEREAS, the City Council previously approved and adopted the terms and conditions set forth in the MOU between the City of Avalon and IAFF on May 3, 2022; WHEREAS, the IAFF and City Manager have reached an agreement and support the articles outlined in the MOU.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the terms and conditions set forth in the MOU between the City of Avalon and IAFF, a copy of which accompanies this City Council item and is incorporated by reference herein; BE IT FURTHER RESOLVED, the terms and conditions of the MOU shall be in full force and effect from July 1, 2025 through June 30, 2028, except as specified otherwise in the MOU; and
BE IT FURTHER RESOLVED, that it is not the intent of the City Council in approving this MOU to change, modify or repeal in any way any of the existing rules o he City of Avalon: and
FINALLY, BE IT FURTHER RESOLVED, that the City Manager acting as the Present o provis or au rey to take any necessary administrative actions to PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 1gth day of August, 2025, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Ann H. Marshall, Mayor
ATTEST:
Gabrielle Morones, City Clerk
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF AVALON
AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL
2295
1913
JULY 1, 2025 - JUNE 30, 2028
-0-
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU
TABLE OF CONTENTS
PURPOSE…....... . 3
NON-DISCRIMINATION.... 3
FULL UNDERSTANDING, MODIFICATION, AND WAIVER. . 3
MUTUAL RECOMMENDATION...... 4
PLEDGE OF COOPERATION 4
EXCLUSIVE CITY RIGHTS AND AUTHORITY .. 4
RECOGNITION/UNION MEMBERSHIP.. 6
PERSONNEL RULES AND REGULATIONS .. 6
ALLOWANCES.. 6
SPECIAL PAY. 7
TRAINING LEAVE AND PAY • 8
HEALTH CARE... .. 8
OVERTIME .... .. 10
RETIREMENT ....• ............. 11
LAYOFFS AND SEPARATION... .. 12
LONGEVITY PAY. .... 13
SECTION 125 PLAN. ... 14
VACATION AND SICK LEAVE. .. 14
PEACEFUL PERFORMANCE OF CITY SERVICES. ... 16
1 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU HEALTH AND SAFETY. ... 16
SAVINGS CLAUSE. 17
DURATION OF AGREEMENT.. .. 17
ASSOCIATION CONSIDERATIONS ... 17
ASSOCIATION REPRESENTATIVE LEAVE…. 18
CATASTROPHIC LEAVE....... 18
GRIEVANCE PROCEDURE ...19
SALARY .. 21
PARITY.. ... 22
DUES DEDUCTIONS.. ... 22
EXECUTION.. ...23
WAGE SCHEDULES. »Appendix A
2 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU
PURPOSE
It is the purpose of this Memorandum of Understanding (also referred to herein as "MOU" and between the City of Avalon' (referred to hereinafter as "Employer" or "City" and the International Association of Firefighters, Local 2295 (referred to hereinafter as "Union" and the mployees covered herein; to provide orderly means of attempting to resolve misunderstanding r differences which may arise under this Memorandum of Understanding; and to set forth th understanding of the parties reached as a result of good faith negotiations regarding the wages. nours and other terms and conditions of employment of the employees covered hereby.
NON-DISCRIMINATION
The City and Union recognize the right of the employees to form, join or participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to form, join or participate in employee organization activities. No employee shall be intimidated, coerced, restrained or discriminated against by the City or the Union in any manner which is unlawful pursuant to state or federal law. This Article is not to be subject to the Grievance Procedure.
The City and the Union agree that no employee will be promoted, demoted, transferred, by- passed for promotion, disciplined, or discharged or in any way discriminated against because of race, color, sex, age, national origin, disability, veteran status, marital status, mental or physical disability, sexual orientation, medical condition, political or religious opinions or affiliations.
The City and the Union shall reopen any provision of this Agreement for the purpose of complying with any final order of the federal or state agency or court of competent jurisdiction requiring a modification or change in any provision of this Agreement in compliance with state or federal anti-discrimination laws. Equal employment opportunity will be extended to all persons in all aspects of the employer-employee relationship, including recruitment, hiring, upgrading, training, promotion, transfer, discipline, layoff, recall, and termination.
Whenever the masculine gender is used in this Memorandum of Understanding, it shall be understood to include the feminine gender.
FULL UNDERSTANDING, MODIFICATION, AND WAIVER
This MOU contains all of the covenants, stipulations and provisions agreed upon by the parties, and any other prior existing understanding or agreements by the parties, whether formal or informal, regarding any such matters contained in this MOU are hereby superseded or terminated in their entirety.
Any agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and approved and implemented by Avalon's City Council.
3 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU The waiver of any breach, term or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. for the lite of this MOU, Union and the City mutually agree that to reopen negotiations with respect to any subject or matter covered in this MOU requires mutual consent by both parties.
Without such mutual consent, the parties shall not be required to meet and confer regarding same.
MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a mutual recommendation to be submitted to the Avalon City Council. This Memorandum of Understanding shall not be binding upon the parties in whole or in part unless and until said Avalon City Council formally approves said Memorandum of Understanding. Additionally, this MOU shall not be binding in whole or in part unless and until it is ratified by the Union's members/employees.
PLEDGE OF COOPERATION
The parties to this MOU realize that the things that would be in the best interest of both the Union, employees and City, in the long run, are largely identical and all parties will benefit from a continuous, peaceful relationship and intelligent, constructive efforts to resolve any differences that may arise.
The City and the Union have entered into a partnership that will ensure efficient operations while pledging to work together to best serve the needs of the City's citizens.
EXCLUSIVE CITY RIGHTS AND AUTHORITY
The City reserves, retains and is vested with, solely and exclusively, all rights of management as allowed by law, unless modified by this Memorandum of Understanding. The rights of the City include, but are not limited to, the exclusive right to:
A. To manage the City generally and to determine the issues of policy.
B. To determine the existence or non-existence of facts which are the basis of the management decision.
C. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish service.
D. To determine the nature, manner, means, and technology and extent of services to be provided to the public.
E. Methods of financing.
F. Types of equipment or technology to be used.
G. To determine and/or change the facilities, methods, technology, means and size of the work force by which City operations are to be conducted. 4 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU H. To determine and change the number of locations, relocations and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or sub-contract any work or operation.
I. To determine the size and composition of the workforce, to make provisional appointments when it is in the best interest of the City, when a provisional appointment of an at-will employee is made during the period of suspension of an employee or pending final action on proceedings to review the suspension, demotion or discharge of an employee.
J. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish hours of work and change work schedules and assignments.
K. To relieve employees from duties for lack of work or similar non-disciplinary reasons.
L. To establish and modify productivity and performance programs and standards.
M. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City's Personnel Rules and Regulations.
N. To determine job classification, assign positions to job classifications, to reclassify employees without competition as long as the employees are qualified and employment laws are followed, to create new classification positions, and/or salary ranges as needed, and/or to under fill any allocated position.
O. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the City's Personnel Rules and Regulations.
P. To determine policies, procedures and the standards for selection, training and promotion of employees.
Q. To establish and manage to employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith.
R. To maintain order and efficiency in its facilities and operations.
S. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City, which are not in contravention with this Agreement.
T. To take any and all necessary action to carry out the mission of the City in emergencies.
Where management makes any changes in working conditions because of the requirements of Federal and State law, the City shall not be required to negotiate the matter or manner of compliance with such law where the manner of compliance is specified by such law. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of Law, whenever the contemplated exercise of management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer with the Union on all matters relating to employment conditions and employer-employee relations including wages, hours and terms and conditions of employment of employees within the bargaining unit unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding. Nothing in this Article is intended to modify the City's 5 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU obligations under the Meyers-Milias Brown Act.
RECOGNITION/UNION MEMBERSHIP
The City recognizes the Union pursuant to the provisions of the Avalon Municipal Code Section 2-6.101 et. seq. as the exclusive bargaining representative for all employees employed by the City who are members of the International Association of Firefighters Local 2295 only, and no other Fire Department employees, in full-time employment of the City. The MOU shall apply to classifications and positions represented by the International Association of Firefighters Loca Vo. 2295, which are not management unit employees, reservists, seasonal, temporary or contract General Unit:
1. Captain
2. Engineer
3. Fire Fighter
PERSONNEL RULES AND REGULATIONS
It is understood and agreed that there exists within the City, in written or unwritten form certain personnel rules, policies, practices and benefits, generally contained in the "City of Avalon's Personnel Rules and Regulations," as amended thereafter by City resolutions and Memoranda of Understanding. Those rules, policies and benefits, which are subject to the meet and confer process, will continue in effect, except for those provisions modified by this Agreement, unless and until modified by mutual agreement of the parties and enacted by the Avalon City council, if necessary, in accordance with state laws, orders, regulations, official instructions or policies.
Where the terms of the City of Avalon's Personnel Rules and Regulations and this Memorandum of Understanding are in conflict, the terms of this MOU shall prevail.
ALLOWANCES
Unitorm Allowance: Employees are required to wear a specific standard uniform that will be purchased annually by the City as follows:
These items will include up to: three (3) pairs of pants, three (3) collared shirts, one (1) job shirt, one (1) belt, six (6) uniform tee shirts, one (1) pair of safety boots, and one (1) pair of eyewear; as well as items from the approved uniform list valued at an amount not to exceed two thousand ($2,000). Employees that leave the City's service shall return their uniforms to the City on their final day of employment. All employees shall come to work in clean uniforms each day, agree to the establishment of a specific uniform standard, and agree to abide by this standard once adopted, on a year-round basis. Items not deemed necessary to personal health and safety will be subject to CALPers and will be reported to CALPers as special compensation for "Classic" or "Tier 1" employees.
Cell Phone Reimbursement: In accordance with the City's Mobile Device Policy, and the need for fire personnel to have consistent and reliable communication over and above other city personnel, employees whose job duties include the regular, frequent or ongoing need for a 6 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU device may receive compensation for a cell phone or smart phone, data plan, tablet and hot spot device, in the form of a regular Stipend in the amount of fifty dollars ($50.00) per pay period to cover the costs of telecommunications reimbursement., or may be issued a City-owned mobile device (Option 2), up to the City allowable maximums and with approval in accordance with policy. Employees may request a reimbursement option to their immediate supervisor with final approval to be determined by the City Manager.
Education Reimbursement: The Fire Department will be allocated $5,000 each year to reimburse employees pursuing education in job-related programs at an accredited college, university or vocational school. Employees are eligible to receive up to 50% reimbursement on actual costs of tuition, books, lab fees or other student expenses. Eligibility for tuition reimbursement will be at the Department Head's and City Manager's discretion. Employees must have been employed full-time at the City of Avalon for a minimum of one year to be eligible for reimbursement. The employee will be required to maintain employment after reimbursement for a minimum of two years. The employee shall be reimbursed for actual costs of tuition, books, lab fees or other student expenses only upon completion of courses each individual with a grade of "B" or better, or successful completion of courses that do not assign grades. Proof of satisfactory course completion and payment must be provided.
Travel Allowance: Annually during the month of December, employees shall receive a travel allowance in the amount of six hundred dollars ($600.00) for cross-channel commuter books provided by the Catalina Express. Employees must have been employed full-time at the City of Avalon for a minimum of six months to be eligible for this allowance.
SPECIAL PAY
Special Event Pay. When the Fire Chief requires the use of an employee covered by this agreement during the filming or taping of movies, commercials or private/commercial special events within the City limits, each of the required personnel shall be paid by the City at a rate of $75.00 per hour, for up to eight (8) hours. Any time over eight (8) hours in a day will be paid at the rate of $112.50 per hour.
Volunteer Drill Pay. Full-time employees shall receive a minimum of three (3) hours overtime pay when they are designated by the Fire Chief to train at the regular bi-weekly volunteer drill, if the drill is not held during the employee's regular work shift.
Special Drill Pay. Full-time employees shall receive a minimum of three (3) hours overtime pay for a special drill to be scheduled once a month throughout the year by the Fire Chief, if the drill is not held during the employee's regular work shift. The City will endeavor to hold drills on a regular basis.
Call Backs. All call backs to the station, in response to a fire alarm or by direction of the Fire Chief, shall receive a minimum of three (3) hours overtime pay. This shall apply to off-duty personnel or those on vacation, at the Fire Chief's discretion.
Bilingual Pay. When the Fire Chief determines that a position requires bilingual skills in English 7 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU and Spanish on a frequent and regular use in order to serve the public,, such an employee in the lesignated position may become eligible for Bilingual Pay. An employee shall first demonstrat a language proficiency of job-related terminology acceptable to the Fire Chief or his designes and the Personnel Officer. Thereafter, the employee shall be entitled to the payment of one hundred dollars ($100.00) a month for bilingual pay.
Stand-By Duty Pay.
1. Employees who are released from active duty but who are required by the Fire Chief, or his designee, to be reached and be available to return to active duty when required by the Department, shall be said to be on stand-by duty.
2. Stand-by Duty requires that the employee(s) assigned shall be ready to respond within ten (10) minutes, be readily available by telephone or other communication device, and refrain from any activities that might otherwise impair their ability to perform assigned duties or activities that would delay their response of called upon.
3. Stand-by Duty shall receive eight (8) hours of overtime pay for each day so assigned **Any employee assigned shall be on stand-by for a twenty-four (24) hour period but compensated for only eight (8) hours of overtime to coincide with the adopted FLSA regulations.
If a response is requested or warranted by the employee before 0800 or after 1600, the employee will be compensated accordingly to reflect existing "Call Back" language in this MOU.
TRAINING LEAVE AND PAY
On an annual basis, as part of the budgeting process, the City shall establish an amount to be allocated toward training leave and pay. The allocation of funds from this account shall be made on a case by case basis, in accordance with each year's budget, at the discretion of the Fire Chief.
Employees on approved training leave will receive their normal rate of pay and/or an overtime rate in accordance with FLSA for hours spent traveling to and attending such training.
Employees may also be reimbursed in accordance with the City's travel and expense policy.
HEALTH CARE
Health Insurance. The City shall pay the cost of employee's health insurance premiums. as well as spouse/registered domestic partner insurance costs, except that the maximum amount paid by the City shall be the "City Maximum, as defined below.
The following monthly City maximum contribution benefits shall apply effective the first month of approval of this MOU:
Full-time employees:
8 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU Status City Maximum
Upon
Signing 1/1/2027 1/1/2028
Employee Only $910.00 $930.00 $950.00
Employee + 1 $1,700.00 $1,740.00 $1,780.00
Employee + Family $2,130.00 $2,180.00 $2,230.00
The City will only pay up to the maximum contribution (City maximum) or the premium of the health plan selected by the employee, whichever is lower. The employee must pay either the cost of the premium not covered by the City Maximum or the minimum contribution (Employee minimum) as stated above, whichever is higher.
Once a covered dependent is no longer eligible because of age limitations in the policies or deceased, said coverage shall cease. Dependent is defined as spouse or child who meets the criteria set forth by the medical insurance provider.
Should the health insurance premiums for the plan containing the majority of City employees (currently PERS Gold PPO) increase in excess of 12.5% for 2027 or increases in excess of 20% combined for 2027 and 2028, the Parties agree that they will reopen discussion on health insurance during the term of this agreement.
Dental Benefits: The City shall continue to pay 100% of the employee and eligible dependent's dental coverage. Once a covered dependent is no longer eligible because of age limitations in the policies or deceased, said coverage shall cease. Dependent is defined as spouse or child who meets the criteria set forth by the medical insurance provider.
Life Insurance: The City shall pay one hundred percent (100%) of the premium for a term life insurance policy for each eligible employee which shall be based upon a formula of one times the employee's annual salary rounded up to the nearest thousand dollars, up to a maximum City paid coverage of $50,000 (i.e., an employee who earns $20,100 would receive $21,000). This group term insurance is on a non-participating basis, with option to convert coverage upon termination of employment. Payment of benefits is subject to all the provisions of the master policy. This benefit replaces any other life insurance coverage.
Vision Benefits: The City's contribution for vision insurance shall be 100% employer-paid for family coverage for the term of this MOU. Once a covered dependent is no longer eligible because of age limitations in the policies or deceased, said coverage shall cease. Dependent is defined as spouse or child who meets the criteria set forth by the medical insurance provider.
Opt Out Benefit: An employee cannot be enrolled in the City's dental, vision or PERS health plan if a spouse is enrolled in the same agency or enrolled in an agency with PERS health, unless the employee (or the spouse) is enrolled without being covered as a family member. 9 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU Additionally, an employee may choose to not be enrolled in the City's dental, vision or PERS health plan. In such cases, the City, after determining that a minimum amount of health coverage is provided to the employee (by their spouse or other coverage), shall pay an employee that has waived coverage a cash allowance of three hundred twenty five dollars ($325) per month or pay into the employee's deferred compensation plan (a plan administered by the City) three hundred twenty five dollars ($325) per month. If the employee wants to have all or a portion of the deferred compensation payment to be credited towards the dependent coverage cost, then the remaining balance, if any, shall be credited to the employee's deferred compensation account.
To be eligible for this "opt out benefit" payment, the employee must provide proof, as determined by the City, that comparable medical insurance is in full force and effect. In the event the employee loses eligibility (with documentation) then the employee may re-enroll in the plan pursuant to the PERS health plan rules.
Physical Exams. The City may authorize annual physical examinations for all covered employees. The City shall pay the costs of any such examination not covered by the Employee's health insurance.
OVERTIME
"Kelly Schedule" - Fire suppression personnel shall work the "Kelly Schedule," represented by one twenty-four (24) hour shift of scheduled work, followed by twenty-four (24) hours off duty, followed by another twenty-four (24) hour shift of scheduled work, followed by another twenty- four (24) hours off duty, followed by another twenty-four (24) hour shift of scheduled work followed by ninety-six (96) hours off duty.
The City has elected and the parties agree to a fourteen (14) day FLSA work period, for fire suppression employees, subject to the partial overtime pay exemption set forth in Section 7(k) of the FLSA to coincide with the City's regular pay periods. Except as otherwise provided herein, no overtime compensation will be paid unless the total number of hours worked per 14 day period exceeds 106 hours. Employees that work more than 106 hours in a 14 day work period are automatically entitled to overtime in accordance with the FLSA 14 day period at a rate of one and one half their regular pay.
Except as otherwise outlined herein, "hours worked" means time when the employee is actually performing services for the employer. Compensatory time taken during the pay period shall be included for the purpose of calculating overtime. Any other leaves of absence and/or sick leave shall not be considered as hours worked for the purpose of calculating overtime. Vacation usage employees shall be subject to be called for service at any time to meet any and all emergencies or unusual conditions which, in the opinion of the Department Head or designee, may require such service from any of said employees.
If mutually agreed to by the employee, and the Fire Chief approves in writing of the accumulation, the employee may receive "compensatory time" as time off with pay in lieu of overtime pay for regularly scheduled, or irregular or occasional overtime work. There shall absolutely be no coercion used to obtain mutual agreement. Requests for the use of accumulated compensatory time off shall be reasonably honored, taking into consideration the needs of the 10 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU department. Compensatory time accumulation shall not exceed at any time two hundred forty (240) hours annually and employees may only carry forward up to 144 hours of comp time into the next year. Payouts shall be made annually by December 31st of each year. Compensatory time must be accumulated consistent with the provisions of this MOU with the employee earning one and one-half (1-1/2) hours compensatory time off for each hour of overtime worked.
Overtime will be analyzed by the Finance Department quarterly. By the third quarter of the Piscal Year, the City Manager reserves the right to request to reopen negotiations and to limit negotiations solely to this Article.
RETIREMENT
Upon separation of employment, every employee will receive a retirement agreement that will address all facets of compensation based on the applicable MOU in pace at the time of separation.
CalPERS Contribution:
Any employee hired after January 1, 2013 and who meets the definition of a "new member" as defined by Government Code section 7522.04(f) will be required to pay 50% of the "normal cost" of the defined benefit, rounded to the nearest quarter of 1 percent, or the current contribution rate of similarly situated employees, whichever is greater, as specified in Government Code section 7522.30. Any new member who has not become vested by having paid the employee's contribution to CaPERS for the first five (5) years of continuous service as of January 1, 2013, will be required to pay the employee's share of the contribution (EPMC) to fund a portion of the cost of the 2.7% at age 57 retirement formula an amount equal to 12% of compensation earnable on a pre-tax basis for safety, as specified in Government Code Section 20516.5(f). Retirees will be eligible to begin receiving retirement benefits once they are deemed qualified in accordance with the CalPERS retirement system.
Any employee who established CaPERS membership prior to January 1, 2013 who is already vested after having paid the employee's contribution to CalPERS for the first five (5) years of continuous service, will be required to pay the employee's share of the contribution (EPMC) to fund a portion of the cost of the 2% at 50 retirement formula an amount equal to 9% of compensation earnable on a pre-tax basis, in accordance with Section 20516(f). Retirees will be eligible to begin receiving retirement benefits once they are deemed qualified in accordance with the CalPERS retirement system.
Retirement Calculations:
Tier I- 36 Consecutive Months - For employees hired prior to December 31, 2012 and in accordance with the City's contract with CalPERS, the final compensation provision of Public Employees Retirement Law shall use your highest average full-time monthly pay rate for 36 consecutive months of employment.
Tier II - Three (3) highest year average - For employees hired on or after January 1, 2013 the provision of Section 7522.32(a) of the Public Employees Retirement Law (three (3) consecutive years of employment) shall apply to safety members. 11 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU Retirement Formula:
Tier 1 - 2% at 50 - All employees covered under this provision of this MOU hired prior to December 31, 2012 shall have their final percentage of final compensation to be provided for each year of credited prior and current service determined in accordance with Section 21354.3 of the Public Employees Retirement Law (2% at 50).
Tier II - 2.7% at 57 - All employees covered under this provision of this MOU hired on or after January 1, 2013 shall have their final percentage of final compensation to be provided for each year of credited prior and current service determined in accordance with Section 7522.20 of the Public Employees Retirement Law (2.7% at 57) based on Article 4 of California Public Employee's Pension Reform Act of 2013.
Purchase of Military Service Credit as Public Service: Pursuant to Section 21024 of the Public Employee's Retirement Law, an employee may elect to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment provided, however, the employee must contribute an amount equal to the contribution for current and prior service that the employee and the City would have made with respect to that period of service.
Post Retirement Survivor Allowance: Pursuant to the provisions of Section 21624 and 21626 of the Public Employee's Retirement Law, an allowance may be continued to a surviving spouse upon the death of a member after retirement.
Retiree Medical: All full-time employees hired on or before May 1, 2022 that retire after twenty (20) or more years' service with the City shall have the same medical, dental, and vision retirement benefits up to the City paid maximum contribution (City maximum) or the premium of the health plan selected by the employee (whichever is lower) as compared to current active employees enrolled in the PERS Choice Blue Cross plan. Once a qualified retiree as set forth herein becomes eligible for Medicare the City shall reimburse for the CaPERS supplemental medical premium for employee only coverage.
Distributions for Qualified Health, and Long-term Care Premiums: Retired or disabled public safety officers (Firefighters) may elect to have a maximum of $3,000 per year subtracted from their 457 plan distributions and sent directly to a health or long term care provider to pay premiums. A retired or disabled public safety officer may elect to have these amounts excluded from gross income for federal income tax purposes. To receive this favorable tax treatment, the retired or disabled public officers must make this election on their federal income tax returns.
LAYOFFS AND SEPARATION
Shall be conducted in accordance with the City's Personnel Rules and Regulations with layoffs, displacements and separations in each class series or in the same classification, within the bargaining unit where the affected employee held regular status, according to seniority.
Recall from layoff shall be in direct order of seniority within the family of jobs. Temporary, provisional, and probationary employees shall be called back to work after regular employees in a previously held status within their bargaining unit, covered by this agreement. Employees in 12 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU good standing with their performance may be reinstated within two (2) years to a position in which they have the availability, qualifications, experience and satisfactory work performance to fulfill the requirements of the position and must serve a new probationary period of six (6) months. Examination may be waived and take precedent over established lists for reinstatement to the same position as long as the employee meets the qualifications for the position but in no way shall it be mandatory for the department head to reappoint a former employee, and only providing the employee was in good standing in the performance of assigned job duties at the time of layoff, should he or she desire not to do so. Appointment shall otherwise be in the manner as for original employment based on qualifications to determine the most highly qualified individual for the position and shall be based on merit and ability. Upon reinstatement, any employee so appointed shall be considered a new appointee and shall have no vested interest in or be entitled to reinstatement of any benefits accrued during any previous employment with the City. An employee may be terminated by the Department Head when deemed necessary or convenient as a result of substantial changes in duties or organization, abolition of position, shortages of work funds, or completion of work for which employment was made. Such termination shall not be subject to appeal.
LONGEVITY PAY
Employees shall, upon completion of ten (10) or more years' continuous service and uninterrupted service be eligible for longevity pay on an employee's anniversary date, in the pay period following the date of eligibility, as follows:
Years of Service Completed Percentage of Base Salary
10 years thru 14 years 5%
15 years thru 19 years an additional 5% (10% total)
20 years and above an additional 5% (15% total)
Public Agency Longevity Pay is compensation earnable within the meaning of Section 20636 of the California Government Code and Section 571(a)(1) of the CaPERS regulations.
Vacations, sick leave, military leave and absence authorized by the City Manager shall not be considered an interruption of service.
In the event an employee ceases to be employed by the City for a reason other than military service or lay-off, all rights to longevity pay shall be forfeited and expire, and if said employee is subsequently re-employed by the City, said employee shall not be entitled to any longevity pay by reason of any prior employment.
In accordance with the years of service completed schedule, and 10 year requirement above, new employees hired beginning July 1, 2015 shall not be eligible to receive greater than 10% longevity pay during their employment with the City.
13 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU SECTION 125 PLAN
The City shall continue the Section 125 Flexible Spending Plan adopted by the City Council effective January 1996.
VACATION AND SICK LEAVE
During the month of March, June, September and December, both full time and part-time employees may sell back to the City, at one-for-one cash out, a portion of his or her accumulated vacation or holiday time, up to a maximum of 12 vacation or holiday days combined up to a maximum of 228 hours per year to be paid at straight time.
Employees shall accrue vacation and holiday leaves according to the following schedule:
Years of Service Completed Accrual Rate
O years thru 4 years 180 hours (or 7.5 days) vacation + 144 hours (or 6 days) holiday leave for a total of 324
hours (or 13.5 days)
5 years thru 9 years 240 hours (or 10 days) vacation + 144 hours (or 6 days) holiday leave for a total of 384
hours (or 16 days)
10 + years 300 hours (or 12.5 days) vacation + 144
hours (or 6 days) holiday leave for a total of
444 hours (18.5 days)
No vacation shall be taken for a period exceeding the maximum hours accumulated at any given time. Vacation and sick leave only accrues when an employee is in a paid status and not when an employee is on a Leave of Absence for more than thirty (30) days.
Employees may accrue up to a maximum of 720 hours (30 days) of vacation and holiday leave.
Employees that reach the 720 hour (30 day) maximum, shall cease to accrue vacation and holiday leave until they use such leave to bring the amount accrued below the maximum. Any Employee that is in excess of seven hundred twenty (720) hours of vacation leave at the time of entering this agreement will continue to accrue vacation leave up to nine hundred and sixty (960) hours and be required to reduce their vacation leave balance to the seven hundred twenty (720) hour maximum by May 31, 2027. Except as otherwise set forth herein, accrual and use of vacation leave shall be subject to the Personnel Rules and Regulations.
Employees shall accrue 144 hours (or 6 days) of sick leave per year.
An employee may accumulate a maximum of 30 work days (720 hours) of sick leave. If an employee's sick leave balance exceeds 720 hours, the employee shall cease earning sick leave until the balance is 719 hours or less at the beginning of the next pay period.
Sick Leave Use: Sick leave pay shall be requested only in cases of actual personal sickness or disability, medical or dental treatment, or as authorized by the Personnel Officer under the 14 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU provisions of the Federal Family Medical Leave Act and/or the California Family Rights Act, or California Labor Code Section 233 (use of sick leave). Use of accrued sick leave shall be allowed for the purpose of preventative medical, dental, and care of a parent, spouse, registered domestic partner or child. An employee contemplating to be off work due to illness or injury for an extended period of two (2) weeks or more may be required to provide a comprehensive health statement as to the length of absence from the employee's health care provider stating any duties the employee cannot perform and any restrictions or light duty requirements. In such events, FMLA and sick leave shall run concurrent. Employees requesting sick leave shall notify their immediate supervisor or department head prior to the time set for reporting to work. Sick leave with pay shall not be allowed unless an employee has met and complied with the provisions of this Memorandum of Understanding and the department head or the Personnel Officer has approved such payment.
Sick leave may be used for absence reasonably required by complications of pregnancy, continuing through delivery and reasonable period of recovery therefrom, to be determined in accordance with written reports from the employee's physician, specifying the expected date of delivery and the date that the employee should cease work. In no event shall an employee return to work after pregnancy prior to a date fixed by the physician in a signed statement that she is physically able to perform the duties of her position. Every regular employee shall be able to use accrued vacation, compensatory time, or holiday time when sick leave has been exhausted due to extended illness or injury unless they are on a medical certification program.
Pursuant to Kin Care legislation, employees may use up to 50% of their annual sick leave accrued to attend to the illness of their child, parent, spouse, or registered domestic partner of the employee.
Sick Leave Abuse: Sick leave shall not be abused. The City reserves the right to require a satisfactory statement of a licensed physician whenever an employee misses work due to an illness, injury or disability. The Department Head or Personnel Officer may require a written statement from the attending physician or dentist, or a physician or dentist to whom the department head or Personnel Officer directs the employee to report, to establish that the employee is or was incapacitated and unable to perform his duties. The Department Head or Personnel Officer may require a written statement from the attending physician or dentist, or from the physician or dentist to whom the department head or Personnel Officer has required the employee to report and be examined by, that the employee is capable of and released to return to the performance of all of the duties of his position. The physician's statement must verify than an injury or disability exists or existed, its beginning and ending dates and/or the employee's ability to return to work without presenting an immediate and significant risk to his own health oi safety, or the health and safety of others, and any other requirement in accordance with the City's Sick Leave policy located in the Personnel Rules and Regulations. Abuse of sick leave shall be subject to progressive discipline, up to and including termination.
Management may not require doctor's verification for sick leave of less than three (3) days unless sick leave abuse is strongly suspected and reasonably demonstrated.
Sick leave shall be administered in accordance with the City of Avalon Personnel Rules and Regulations unless provided otherwise by a current MOU. 15 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU Separation: Upon separation from City employment, an employee is entitled to receive payment for unused sick leave limited to a maximum of three hundred sixty (360) hours in accordance Years of Service Balance Payable
2-4 25% of accrued and unused sick leave (not to exceed 90 hours) 5-9 50% of accrued and unused sick leave (not to exceed 180 hours) 10+ 75% of accrued and unused sick leave (not to exceed 270 hours) When calculating the total amount payable to an employee upon separation for his or her accrued and unused sick leave, the Personnel Officer shall determine the total amount of accrued and unused sick leave, allocate an equal portion of such leave to each year of service, and determine the highest hourly pay rates for each year of service.
PEACEFUL PERFORMANCE OF CITY SERVICES
The Association, its officers, agents, representatives and/or members agree that during the term of this Agreement, they will not cause or condone any strike (including sympathy strikes), walkout, slowdown, sickout or any other job action or stoppage of work by withholding or refusing to perform services by union employees during the life of this Memorandum of Understanding.
The City agrees that it shall not lock out its employees during the term of this Agreement. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this Agreement or applicable ordinance or law.
Any employee who participates in any conduct prohibited as described above may be subject to disciplinary action, up to and including termination.
HEALTH AND SAFETY
The City will comply with state and federal law and regulations relating to Occupational Safety and Health and endeavor to provide a safe and healthful work environment. Likewise, it is the duty of each employee to comply with all health and safety regulations of the City and to practice good safety habits in the performance of their duties. All persons who drive City Vehicles shall be subject to the DMV driving record Pull Notice.
Avalon Firefighters IAFFF, Local 2295, endeavors to maintain a drug free environment. Shall the City and the Union mutually agree to reopen negotiations regarding this specific article, both parties agree to limit negotiations solely to this Article. 16 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU
SAVINGS CLAUSE
It is understood and agreed that all provisions of this Agreement are subject to applicable laws, and if any provision of any Article in the Agreement is held or found to be in conflict therewith, said Article shall be void and shall not bind either of the parties hereto. However, such invalidity shall not affect the remaining Articles of this Agreement. In the event that any provision shall be held unlawful and unenforceable by any court of competent jurisdiction, the parties agree to meet forthwith for the purpose of renegotiating such provision and attempt to reach a valid agreement.
DURATION OF AGREEMENT
Except as herein provided, this Memorandum of Understanding shall be in effect from the date of its ratification until 12 o'clock midnight on June 30, 2028.
In the event either party hereto desires to negotiate the provisions of a successor Memorandum of Understanding, such party shall serve upon the other, ninety (90) days prior to the termination date of this Agreement, its written request to commence negotiations, and, to the extent reasonably possible, its full and entire written proposal for such successor Memorandum of Understanding. Upon receipt of such written notice and proposals, negotiations shall begin thereafter not later than sixty (60) days prior to the termination date of this Agreement.
ASSOCIATION CONSIDERATIONS
City employees who are official representatives of the Association shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation or grievances are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City.
Reasonable access to employee work locations shall be granted to officers of the Association as their officially designated representatives for the purpose of conducting business within the scope of representation. In the event an outside business agent or legal representative need be present, the Association shall provide the City with advanced notice. It is agreed that the Association representative(s) are permitted to conduct Association business during working hours and may use City facilities accessible to the public provided that such activity does not interfere with the normal operations of the department or with established safety or security requirements. An employee is entitled to representation in the preparation and presentation of a grievance at any step in the grievance procedure. Only an employee who is a member of the Association may be represented by the Association. The grievants) and one representative are entitled to be released from work for a reasonable period of time in order to prepare for and present the grievance.
Except in case of emergency, reasonable advance written notice shall be given to the Association of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council and shall be given the opportunity to meet with such body prior to adoption. In case of emergency when the City Council determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior 17 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU notice or meeting with the Association, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, resolution or regulation.
ASSOCIATION REPRESENTATIVE LEAVE
The City shall provide an aggregate total of three (3), 24 (twenty-four) hour shifts, per union representative, per year for use by the Association Representatives to attend employer-employee related seminars, conferences etc. No alternative representatives may attend in lieu of the actual representative. Time off request will be subject to agreement with the Fire Chief and the availability of replacement personnel. Time off requests shall not be scrutinized based on seminar subject matter or any factor outside of availability of replacement personnel. Association Representative Leave does not qualify as "time worked" and will not be subject to overtime.
CATASTROPHIC LEAVE
A permanent employee may be granted a Catastrophic Leave for up 8 weeks, if the employee or eligible family member has suffered a catastrophic illness or injury, and exhausted all applicable accrued paid time. An eligible family member includes the employee's spouse, parent, child. sibling, grandparent, grandchild; in-laws and step-relatives in these relationships; and other persons residing in the employee's household for whom there is a personal obligation.
Catastrophic illness or injury is a serious non-work-related health condition which incapacitates the employee, or their eligible family member, and which creates a financial hardship because the employee has exhausted their sick and vacation leave, as well as any compensatory time off if employed in a non-exempt position. A catastrophic illness or injury is defined as a serious illness, injury, impairment, or physical or mental condition that is present for a minimum of seven calendar days, and that involves:
1. A period of incapacity or treatment connected with inpatient care (e.g., an overnight stay) in a hospital, hospice, or residential medical care facility; or
2. A period of incapacity requiring absence of more than seven calendar days from work, and that also involves continuing treatment by (or under the supervision of) a licensed health care provider; or
3. A period of incapacity (or for treatment) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or
4. A period of incapacity that is long-term due to a condition for which treatment may be ineffective (e.g., stroke, terminal disease, etc.); or
5. An absence to receive multiple treatments (including any period of recovery therefrom) either for restorative surgery after an accident or other injury, or for a chronic condition such as cancer or kidney disease.
All medical conditions are considered to be confidential information. No details regarding personal medical information will be provided in response to inquiries. 18 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU A permanent employee may donate up to 120 hours of accrued paid leave hours (sick leave, overtime, holiday, administrative leave, comp time, vacation), in a calendar year, to a City employee(s), when an employee or the employee's family member has suffered a catastrophic illness or injury.
II. ELIGIBILITY
A. The Personnel Officer must determine that the RECIPIENT:
1. is unable to work;
2. has exhausted all applicable accrued paid leave hours;
3. has provided sufficient documentation of need for himself/herself, or immediate family member;
4. has met the requirements outlined by the IRS and FLSA;
5. receives no more than 8 weeks in accrued paid leave hours for any one catastrophic illness or injury; and
6. has completed a "Request for Catastrophic Leave" form. (Form forthcoming) B. A Personnel Officer must determine that the DONOR:
1. will donate no more than 120 360 hours in total donations in a calendar year;
2. is donating in whole-hour increments; and
3. has completed a "Donation for Catastrophic Leave" form; and (Form forthcoming)
4. will not drop below 192 hours in their own bank.
Notes:
• Once donated, hours cannot be returned to the donor.
• Donations are exchanged for an hour-for-hour basis regardless of pay rate.
Donor participation will be confidential.
• Donations are made to individuals in need of leave. There is no generic bank. • An employee that has applied to receive Worker's Compensation benefits is not eligible to apply for Catastrophic Leave.
• All requests for Catastrophic Leave must be approved by the City Manager and Finance Director.
GRIEVANCE PROCEDURE
A grievance shall be any matter for which appeal is not otherwise provided or prohibited, concerning:
1. A dispute about the interpretation or application of this MOU and Personnel Rules and Regulations;
A. Informal Grievance Procedure:
An employee who has a problem or complaint should first try to get it settled through discussion with his immediate supervisor without undue delay - within one or two workdays of the event grieved. If, after this discussion, he/she does not believe the problem has been satisfactorily resolved, he/she shall have the right to promptly discuss it with the supervisor's immediate superior, if any, in the 19 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU administrative service. Every effort should be made without delay to find an acceptable solution by informal means at the lowest possible level of supervision.
If the employee, or the Union, is not in agreement with the decision reached by discussion, he/she shall then have the right to file a formal grievance in writing within ten (10) calendar days after receiving the informal decision of his/her supervisor or the supervisor's immediate superior on matters within the statutory scope of representations.
B. Formal Grievance Procedure:
1. First level of Review: A grievance shall be presented in writing to the employee's immediate supervisor within ten (10) calendar days of the receiving the grievance. In the event that the supervisor does not render a decision within the 10 days or within a mutually agreed upon extension of the timeline, the employee has the right to move the grievance up to the next level of review.
2. Further Level or Levels of Review as Appropriate: The supervisors immediate superior receiving the grievance shall review it, render his/her decision and comments in writing, and return them to the employee within ten (10) calendar days after receiving the appeal. In the event that the supervisor does not render a decision within the 10 days or within a mutually agreed upon extension of the timeline, the employee has the right to move the grievance up to the next level of review.
3. Department Review: The Department Head receiving the grievance, or his/her designated representative, should discuss the grievance with the employee, his representative, if any, and with other appropriate persons. The Department Head shall render his/her decision and comments in writing, and return them to the employee within ten (10) calendar days after receiving the appeal. If the employee, or the union, does not agree with the decision reached, or if no answer has been received within ten (10) calendar days, he may present the appeal in writing to the City Manager. Failure of the employee to take further action within twenty (20) days after receipt of the decision, or within a total of twenty (20) days if no decisions is rendered, will constitute withdrawal of the grievance.
• City Manager: The City Manager or his/her designee sto and with o bee rievance with the employee. his/her representative.
appropriate persons. The City Manager may designate an "investigation committee," or an officer not in the normal line of supervision, to advise him/her concerning the grievance. The appointing power shall render a decision in writing to the employee within twenty (20) days after receiving the grievance.
C. Grievance Arbitration:
1. Within ten (10) working days of the receipt of the City Manager's final decision, the Union may request arbitration by filing a written request. The 20 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU request for arbitration shall be in writing to the Department Head with a copy sent to the Personnel Officer.
If either the City or the Union so requests, the arbitrator shall hear the merits of any issue raised regarding the arbitrability of a grievance first. No hearing on the merits of the grievance shall be conducted until the issue of arbitrability has been decided.
3. The parties shall request a list of five (5) arbitrators, within ten (10) working days after receipt of the employee's request for arbitration, from the California State Mediation and Conciliation Service.
4. Within five (5) working days of receipt of the list, the parties shall mutually agree upon the person on the list who shall be the Arbitrator. If one person is not mutually agreed upon, the parties shall within five (5) days after receipt of the list of names alternately strike names from such list with the last remaining name to be the person serving as Arbitrator. The party having first choice to strike a name from the list shall be determined by lot.
The City and the Union shall share the fees and expenses of the arbitrator and the certified court reporter equally. The services of the certified court reporter are optional. Both parties must agree if the certified court reporter is to be employed and that the cost shall be equally shared. Financial responsibility shall be established before the selection of an arbitrator. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. However, if either party declines the use of a court reporter, the party requesting the court reporter shall pay the entire cost of employing the court reporter.
The arbitrator's review is limited to the interpretation of this MOU and/or City's Personnel Rules and Regulations.
7. Decision: The decision of the arbitrator shall be made in writing within thirty (30) working days of the close of the hearing or the submission of written briefs. The decision of the arbitrator shall be final.
D. Conduct of Grievance Procedure:
1. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned. If an employee receives no response at a particular level, he/she may proceed to the next appropriate level of review.
2. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his grievance at any level of review.
3. The employee and his representative may be privileged to use a reasonable amount of work time as determined by the appropriate Department Head in conferring about presenting the grievance.
4. Employees shall be assured freedom from reprisal for using the grievance procedure.
SALARY
Firefighter employees that have been employed full-time at the City of Avalon for a minimum of six months, or successfully completed the probationary period as described in the Rules and 21 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU Regulations, are eligible to begin the process of pursuing the education and expertise to be qualified as Fire Engineers. Upon successful completion of the required coursework or certification to perform the duties of a Fire Engineer, and upon verification and authorization of the Fire Chief, an eligible Firefighter employee will receive a one-time, single, step increase.
Employees shall be compensated in accordance to the Wage Schedule attached hereto and incorporated herein as Exhibit A.
Any employee that is currently in Steps shall be advanced to the next Step that is at least 5.5% higher than the employee's rate as of June 30, 2025 retroactive to the first full pay period of July 2025 commencing after the ratification of this MOU. All subsequent Step advancements shall occur annually during the term of this MOU beginning with the first full pay period on or after July 1, 2026 and July 1, 2027.
Newly hired/promoted employees shall be eligible to receive their next Step increase at the first full pay period following July 1 provided they have completed their probation unless approved earlier by the City Manager.
PARITY
Parity as it relates to cost of living increases and healthcare benefits shall remain the same between all unions and associations.
DUES DEDUCTIONS
Upon receipt of a lawfully executed written authorization from an employee, the City agrees to deduct the current regular Union dues each payroll period and remit such deductions once each payroll period to the dully elected treasurer of the Association within seven (7) working days following the end of the payroll period. The Association will notify the City, in writing, ten (10) working days prior to any change in the regular Union dues structure. The City is expressly prohibited from any involvement in the collection of fines, or penalties and shall not honor any request of this nature other than for Union dues. Deduction of dues will be made by the City when other payroll deductions are made and will begin with the pay for the first full pay period following receipt of the authorization by the Association.
Any employee, upon ten (10) working days' notice to the City and the Association, may revoke his/her dues deduction and shall submit such revocation form to the City's payroll division.
The City and the Association agree to provide Dues Deductions Authorization forms and Notice to Stop Dues Deduction forms to its members.
The Association agrees to indemnify and hold the City harmless against any and all claims, suits, orders and judgments brought and issued against the City as a result of any action taken or not taken by the City on account of payroll deduction of Union dues. 22 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU The Parties AGREE to include the foregoing language to the current MOU this day of August 2025:
On Behalf of the City of Avalon: On Behalf of the IAFF
LOCAL 2295:
David M. Maistros, City Manager Ryan Keeline, IAFF Local 2295 President
Christian Cisneros, IAFF Local 2295
Treasurer
James Butte, IAFF Local 2295
Alternate
23 City of Avalon
Master Classification and Salary Schedule
MOU - IAFF
Classification Title ELSA /Range Period A E H
Fire Captain 34 Hourly 37.25 38.18 39.13 40.11 41.11 42.14 43.19 44.27 45.38 46.51 Year 1 Bi-weekly 3,949 4.047 4.148 4,252 4,358 4,467 4,578 4,693 4,810 4.930 Monthly 8.555 8.769 8.987 9.212 9,442 9,678 9,919 10.167 10.422 10,682 Annual 102,661 105,224 107.842 110,543 113,299 116,138 119,032 122,008 125,067 128,182 Classification Title /FLSA Range Period A D F G H J
Fire Captain 35 Hourly 38.18 39.13 40.11 41.11 42.14 43.19 44.27 45.38 46.51 47.67 Year 2 Bi-weekly 4.047 4,148 4.252 4,358 4,467 4,578 4.693 4.810 4,930 5,053 Monthly 8.769 8,987 9.212 9,442 9,678 9.919 10,167 10.422 10,682 10,948| Annual 105,224 107.842 110.543 113,299 116.138 119.032 122.008 125,067 128,182 131.379 Classification Title /FLSA /Range Period A D E F G H
Fire Captain E 36 Hourly 39.13 40.11 41.11 42.14 43.19 44.27 45.38 46.51 47.67 48.86 Year 3 Bi-weekly 4.148 4.252 4.358 4,467 4.578 4,693 4,810 4,930 5.053 5.179 Monthly 8.987 9,212 9,442 9,678 9,919 10.167 10.422 10.682 10,948 11.222| Annual 107.842 110.543 113,299 116.138 119.032 122,008 125.067 128,182 131.379 134,658 Classification Title LELSA /Range /Period A
Fire Engineer 30 Hourty 33.75 34.59 35.45 36.34 37.25 38.18 39.13 40.11 41.11 42.14 Year 1 Bi-weekly 3,578 3,667 3,758 3,852 3.949 4.047 4,148 4,252 4,358 4.467 Monthly 7.751 7,944 8,142 8,346 8.555 8,769 8,987 9.212 9,442 9,678 Annual 93,015 95,330 97,700 100.153 102 661 105.224 107.842 110.543 113.299 116.138 Classification Title ELSA Range (Period A
Fire Engineer 31 Hourly 34.59 35.45 36.34 37.25 38.18 39.13 40.11 41.11 42.14 43.19 Year 2 Bi-weekly 3,667 3.758 3,852 3,949 4,047 4,148 4,252 4,358 4.467 4.578 Monthly 7.944 8.142 8,346 8.555 8.769 8987 9.212 9,442 9,678 9.919 Annual 95,330 97,700 100,153 102,661 105,224 107,842 110,543 113.299 116,138 119.032 Classification Title ELSA Range Period A B H
Fire Engineer E 32 Hourty 35.45 36.34 37.25 38.18 39.13 40.11 41.11 42.14 43.19 44.27 Year 3 Bi-weekly 3.758 3,852 3 949 4.047 4,148 4,252 4,358 4,467 4,578 4,693 Monthly 8.142 8.346 8,555 8,769 8,987 9,212 9.442 9,678 9,919 10.167 | Annual 97,700 100.153 102 661 105,224 107 842 110.543 113,299 116,138 119,032 122.008 Classification Title |FLSA /Range Period A D G H
Firefighter 26 Hourly 30.59 31.35 32.13 32.93 33.75 34.59 35.45 36.34 37.25 38.18 Year 1 Bi-weekly 3 243 3 323 3,406 3,491 3,578 3,667 3,758 3,852 3,949 4,047 Monthly 7.026 7,200 7,379 7,563 7.751 7,944 8.142 8,346 8,555 8,769 Annual 84,306 86,401 88,550 90,755 93,015 95,330 97,700 100,153 102,661 105,224 Classification Title /FLSA Range I/Period A E G
Firefighter 27 Hourty 31.35 32.13 32.93 33.75 34.59 35.45 36.34 37.25 38.18 39.13 Year 2 Bi-weekly 3,323 3.406 3.491 3,578 3.667 3,758 3,852 3,949 4,047 4.148 Monthly 7,200 7,379 7.563 7.751 7,944 8,142 8,346 8,555 8,769 8.987 | Annual 86,401 88,550 90.755 93,015 95,330 97,700 100,153 102,661 105,224 107.842 Classification Title ELSA Range IPeriod E H
Firefighter E 440.11
28 Hourly 32.13 32.93 33.75 34.59 35.45 36.34 37.25 38.18 39.13 Year 3 Bi-weekly 3.406 3.491 3.578 3,667 3,758 3,852 3,949 4.047 4,148 4.252 Monthly 7,379 7.563 7.751 7944 8,142 8,346 8,555 8,769 8,987 9.212| Annual 88.550 90.755 93.015 95,330 97,700 100,153 102,661 105,224 107.842 110.543 CLOSED SESSION ITEM:
Copy of Written Communication
GAVIN NEWSOI
CALITORNIA YANA GARCIA
Water Boards
Los Angeles Regional Water Quality Control Board
July 16, 2025
David E. West Via Certified Mail
Chief Plant Operator Return Receipt Requested
PERC Water Corporation Claim No. 9589 0710 5270 1463 4161 52 123 Pebbly Beach Road
Avalon, CA 90704
David E. West Via Certified Mail
Chief Plant Operator Return Receipt Requested
PERC Water Corporation Claim No. 9589 0710 5270 1463 4161 83 P.O. Box 707
Avalon, CA 90704
SETTLEMENT OFFER NO. R4-2025-0166; OFFER TO PARTICIPATE IN THE
EXPEDITED PAYMENT PROGRAM RELATING TO VIOLATIONS OF THE NPDES
PERMIT FOR CITY OF AVALON, AVALON WASTEWATER TREATMENT FACILITY (ORDER NO. R4-2019-0023, NPDES PERMIT NO. CA0054372, CI NO. 0066) Dear David E. West:
This letter is to notify the City of Avalon (hereinafter "Permittee" or "you") of alleged violations of the California Water Code identified in the State Water Resources Control Board's water quality data system and to allow the Permittee to participate in the Los Angeles Regional Water Quality Control Board's (Regional Water Board) Expedited Payment Program for Effluent and/or Reporting Violations (Expedited Payment Program) to address mandatory minimum penalties that must be assessed pursuant to California Water Code sections 13385 and 13385.1.
NOTICE OF VIOLATION:
Based on information in the California Integrated Water Quality System (CIWQS), the Regional Water Board alleges that the Permittee has violated the effluent limitations, reporting violations, or California Water Code provisions identified in the Notice of Violation (NOV) attached as Exhibit "1". The Permittee will have the opportunity to address the alleged violations as discussed below.
STATUTORY LIABILITY:
Subdivisions (h) and (i) of California Water Code section 13385 require the assessment of a mandatory minimum penalty of three thousand dollars ($3,000) for specified serious and chronic effluent limit and reporting violations. For the purposes of subdivision (h) of DAVID NAHAI, CHAIR | SUSANA ARREDONDO, EXECUTIVE OFFICER 320 W. Fourth Street, Suite 200, Los Angeles, 90013 | www.waterboards.ca.gov/losangeles David E. West - 2- July 16, 2025
PERC Water Corporation
section 13385, failure to file a discharge monitoring report required pursuant to sections 13383 for each complete period of 30 days following the deadline for submitting the report constitutes a serious violation. The Permittee is also subject to discretionary administrative civil liabilities of up to ten thousand dollars ($10,000) for each day in which the violation occurs, plus ten dollars ($10) for each gallon discharged but not cleaned up in excess of 1,000 gallons. These mandatory minimum penalties and discretionary administrative civil liabilities may be assessed by the Regional Water Board beginning with the date that the violations first occurred. ' The formal enforcement action that the Regional Water Board uses to assess such liability is an administrative civil liability complaint, although the Regional Water Board may instead refer such matters to the Attorney General's Office for prosecution. If referred to the Attorney General for prosecution, the Superior Court may assess up to twenty-five thousand dollars ($25,000) per violation. In addition, the Superior Court may assess up to twenty-five dollars ($25) per gallon discharged but not cleaned up in excess of 1,000 gallons.
OFFER TO PARTICIPATE IN EXPEDITED PAYMENT PROGRAM:
The Permittee can avoid the issuance of a formal enforcement action and settle the alleged violations identified in the attached NOV by participating in the Regional Water Board's Expedited Payment Program. Details of the proposed settlement are described below and addressed in the enclosed documents.
To promote the resolution of these violations, the Regional Water Board makes this Conditional Offer. The Permittee may accept this offer, waive the Permittee's right to a hearing, and pay the mandatory minimum penalty of $57,000 for the violations described in the NOV. If the Permittee elects to do so, subject to the conditions below, the Regional Water Board will accept that payment in settlement of any enforcement action that would otherwise arise out of the violations identified in the NOV. Accordingly, the Regional Water Board will forego issuance of a formal administrative complaint, will not refer the violations to the Attorney General, and will waive its right to seek additional discretionary civil liabilities for the violations identified in the NOV.
The Expedited Payment Program does not address or resolve liability for any violation that is not specifically identified in the NOV regardless of the date that the violation occurred.
1 Please note that there are no statutes of limitation that apply to administrative proceedings to assess mandatory minimum penalties. See City of Oakland v. Public Employees' Retirement System, (2002) 95 Cal.App.4th 29, 48; 3 Witkin, Cal. Procedure (4th ed. 1996) Actions, §405(2), p. 510.)
David E. West - 3- July 16, 2025
PERC Water Corporation
PERMITTEE'S OPTIONS FOR RESPONSE TO OFFER:
If you accept this offer, please complete and return the enclosed "Acceptance of Conditional Resolution and Waiver of Right to Hearing; (proposed) Order" (Acceptance and Waiver) on or before August 15, 2025.
If the Permittee chooses to contest any of the violations alleged in the NOV, please identify the specific violation and the basis for the challenge (factual error, affirmative defense, etc.) on or before the due date specified above.
Responses contesting any of the violations alleged in the NOV shall be submitted as a pof via email or CD to John Salguero, [email protected], (213) 620- 2273 and submitted by you under penalty of perjury.
The Regional Water Board staff will evaluate the contested violation and take one of two actions:
1) The Regional Water Board staff will determine that the violation is not supported, expunge the alleged violation from the CIWQS database, take no further action against the Permittee for the alleged violation, and notify the Permittee of that determination. The Permittee will be given thirty (30) days from the date of receipt of the Regional Water Board staff determination to complete and return the Acceptance and Waiver for the remainder of the violations; or 2) The Regional Water Board staff will determine that the alleged violation is meritorious and will notify the Permittee of that determination. The Permittee will be given thirty (30) days from the date of the receipt of the Regional Water Board staff determination to complete and return the Acceptance and Waiver.
If the Permittee chooses not to make a payment in response to the Regional Water Board staff's determination, the Permittee should expect to be contacted regarding formal enforcement action that will be initiated with regard to the contested violations. In a formal enforcement action, the liability amount sought and/or imposed may exceed the liability amount set forth in this Conditional Offer. Moreover, the cost of enforcement is a factor that can be considered in assessing the liability amount.
CONDITIONS FOR REGIONAL WATER BOARD ACCEPTANCE OF RESOLUTION:
Federal regulations require the Regional Water Board to publish and allow the public thirty (30) days to comment on any settlement of an enforcement action addressing NPDES permit violations (40 C.F.R. section 123.27(d)(2)(iii)). Upon receipt of the Permittee's Acceptance and Waiver, the Regional Water Board staff will publish a notice of the proposed resolution of the violations.
If no comments are received within the 30-day comment period, and unless there are new material facts that become available to the Regional Water Board, the Acceptance and Waiver will be presented to the Executive Officer for consideration and adoption of a David E. West - 4- July 16, 2025
PERC Water Corporation
stipulated order assessing the uncontested mandatory minimum penalty amount pursuant to Water Code sections 13385 and 13385.1.
If, however, significant comments are received in opposition to the settlement, this offer may be withdrawn. In that case, the Permittee's waiver pursuant to the Acceptance and Waiver will also be treated as withdrawn. In that case, the violations will be addressed in a liability assessment proceeding. At the liability assessment hearing the Permittee will be free to make arguments as to any of the alleged violations, and the Permittee's agreement to accept this conditional offer will not in any way be binding or used as evidence against the Permittee. The Permittee will be provided with further information on the liability assessment proceeding.
In the event the Acceptance and Waiver is executed by the Regional Water Board Executive Officer, full payment of the assessed amount shall be due within thirty (30) calendar days after the date the Acceptance and Waiver is executed. In accordance with California Water Code section 13385(n)(1) and California Water Code section 13385.1(c)(1), funds collected for violations of effluent limitations and reporting requirements pursuant to sections 13385 and 13385.1 shall be deposited in the State Water Pollution Cleanup and Abatement Account. Accordingly, the $57,000 liability shall be paid by cashiers or certified check made out to the "State Water Pollution Cleanup and Abatement Account" . Failure to pay the full penalty within the required time period may subject the Permittee to further liability.
Should you have questions about this Conditional Offer of Notice of Violation, please contact Enforcement Unit staff John Salguero at (213) 620-2273 / [email protected] or Ching Yin To at (213) 620-6373 / [email protected] regarding this matter.
Sincerely,
Digitally signed by
Russ Colby
Russ Colby Date: 2025.07.16
08:15:06 -07'00'
Russ Colby
Acting Assistant Executive Officer
Enclosures:
Exhibit "1" - Notice of Violation
Acceptance of Conditional Resolution and Waiver to Right of Hearing; (proposed) Order
Settlement Offer No. R4-2025-0166 City of Avalon
CI No. 0066
EXHIBIT "1" - NOTICE OF VIOLATION
Effluent Limit Violations
Water
Outfall Violation Monitoring Violation Parameter Reported Permit Units Pollutant Serious/ Code Date Period Type Value Limit Category Exceeded Chronic Section Penalty 13385
001 04/30/23 2nd Quarter Monthly TCDD Equivalents 1.23 0.24 2023 Average pg/L 249% Serious (h) 1 $3,000
001 04/30/23 2nd Quarter Monthly TCDD Equivalents 4.2E-09 2.40E-09 2023 Average Ibs/day 25% Serious (h) 1 $3,000
001 07/08/23 3rd Quarter Weekly Total Suspended Solids 46.2 45 2023 Average mg/L 3% Chronic (i)1 $0
001 07/15/23 3rd Quarter Weekly Total Suspended Solids 60.2 2023 Average 45 mg/L 34% Chronic (i)1 $3,000
001 07/22/23 3rd Quarter Weekly Total Suspended Solids
2023 Average 67.1 45 mg/L 49% Serious (h) 1 $3,000
001 07/31/23 3rd Quarter Monthly Total Suspended Solids 51.1 2023 Average 30 mg/L 70% Serious $3,000
001 08/19/23 3rd Quarter Weekly Total Suspended Solids 65.6 45 2023 Average mg/L 46% Serious (h) 1 $3,000
001 08/31/23 3rd Quarter Monthly Total Suspended Solids 42.4 30 mg/L 2023 Average 41% Serious (h) 1 $3,000
001 09/02/23 3rd Quarter Weekly Total Suspended Solids 57 45 2023 Average mg/L 27% Chronic (i)1 $3,000
001 09/09/23 3rd Quarter Weekly 60.3
2023 Average Total Suspended Solids 45 mg/L 34% Chronic (i)1 $3,000 001 09/23/23 3rd Quarter Weekly Total Suspended Solids 60.6 45 2023 Average mg/L 35% Chronic (1)1 $3,000
Settlement Offer No. R4-2025-0166 City of Avalon
CI No. 0066
Water
Outfall Violation Monitoring Violation Parameter Reported Permit Pollutant Serious/ Code Date Period Type Value Limit Units Category Exceeded Chronic Penalty Section
13385
001 09/30/23 3rd Quarter Monthly Total Suspended Solids 48.5 2023 Average 30 mg/L 62% Serious (h) 1 $3,000
001 09/30/23 3rd Quarter Monthly Total Suspended Solids 81.9 2023 Average 85 N/A Chronic (i)1 $3,000
001 12/02/23 4th Quarter Weekly Total Suspended Solids 61.9 45 2023 Average mg/L 38% Chronic (i)1 $3,000
001 12/09/23 4th Quarter Weekly Total Suspended Solids 57.1 45 27% 2023 Average mg/L Chronic (i)1 $3,000
001 12/16/23 4th Quarter Total Suspended Solids 58.9 45 mg/L 31% Chronic 2023 (i)1 $3,000
001 12/23/23 4th Quarter Weekly Total Suspended Solids 58.4 45 2023 Average mg/L 30% Chronic (i)1 $3,000
001 12/30/23 4th Quarter Weekly Total Suspended Solids
2023 Average 53.2 45 mg/L 18% Chronic (i)1 $3,000
001 12/31/23 4th Quarter Monthly Total Suspended Solids 55.5 30 Serious 2023 Average mg/L 85% (h) 1 $3,000
001 12/31/23 4th Quarter Monthly
2023 Average Total Suspended Solids 70.1 85 N/A Chronic (i)1 $3,000 Total: $57,000
Settlement Offer No. R4-2025-0166
CI No. 0066, NPDES Permit No. CA0054372
ACCEPTANCE OF CONDITIONAL RESOLUTION
AND WAIVER OF RIGHT TO HEARING; (proposed) ORDER
City of Avalon
Settlement Offer No. R4-2025-0166
NDES Permit No. CA0054372
By signing below and returning this Acceptance of Conditional Resolution and Waiver of Right to Hearing (Acceptance and Waiver) to the Los Angeles Regional Water Quality Control Board (Regional Water Board), the City of Avalon (Permittee) hereby accepts the "Offer to Participate in Expedited Payment Program" and waives the right to a hearing before the Regional Water Board to dispute the allegations of violations described in the Notice of Violation (NOV), which is attached hereto as Exhibit "1" and incorporated herein by reference.
The Permittee agrees that the NOV shall serve as a complaint pursuant to Article 2.5 of the California Water Code and that no separate complaint is required for the Regional Water Board to assert jurisdiction over the alleged violations through its Chief Prosecutor. The Permittee agrees to pay the penalties required by California Water Code section 13385 in the sum of $57,000 (Expedited Payment Amount) which shall be deemed payment in full of any civil liability pursuant to California Water Code sections 13385 and 13385.1 that otherwise might be assessed for the violations described in the NOV. The Permittee understands that this Acceptance and Waiver waives its right to contest the allegations in the NOV and the amount of civil liability for such violations.
The Permittee understands that this Acceptance and Waiver does not address or resolve liability for any violation that is not specifically identified in the NOV.
Upon execution by the Permittee, the completed Acceptance and Waiver shall be returned to:
John Salguero, Enforcement I Unit
Expedited Payment Program
Los Angeles Regional Water Quality Control Board
320 West 4'h Street, Suite 200
Los Angeles, CA 90013
The Permittee understands that federal regulations set forth by title 40, Code of Federal Regulations, section 123.27(d)(2)(iii) require the Regional Water Board to publish notice of and provide at least thirty (30) days for public comment on any proposed resolution of an enforcement action addressing NPDES permit violations. Accordingly, the Acceptance and Waiver, prior to execution by the Regional Water Board Executive Officer, will be published as required by law for public comment.
If no comments are received within the notice period that causes the Regional Water Board Assistant Executive Officer to question the Expedited Payment Amount, the Acceptance anc Naiver will be presented to the Executive Officer for consideration and adoption of a stipulater order.
Settlement Offer No. R4-2025-0166
Cl No. 0066, NPDES Permit No. CA0054372
The Permittee understands that if significant comments are received in opposition to the Expedited Payment Amount, the offer on behalf of the Regional Water Board to resolve the violations set forth in the NOV may be withdrawn. In that circumstance, the Permittee will be advised of the withdrawal and an administrative civil liability complaint may be issued and the matter may be set for a hearing before the Regional Water Board. For such a liability hearing, the Permittee understands that this Acceptance and Waiver executed by the Permittee will not The Permittee further understands that once the Acceptance and Waiver is executed by the Regional Water Board Executive Officer, the full payment required by the deadline set forth below is a condition of this Acceptance and Waiver. In accordance with California Water Code sections 13385(n) (1) and 13385.1(c)(1), funds collected for violations of effluent limitations and reporting requirements pursuant to sections 13385 and 13385.1 shall be deposited in the State Water Pollution Cleanup and Abatement Account. Accordingly, the $57,000 liability shall be paid by a cashiers or certified check made out to the "State Water Pollution Cleanup and Abatement Account". The payment must be submitted to the State Water Resources Control Board no later than thirty (30) calendar days after the date the Acceptance and Waiver is executed by the Regional Water Board Executive Officer.
Please mail the check to:
State Water Resources Control Board
ATTN: ACL PAYMENT
Division of Administrative Services, Accounting Branch
P.O. Box 1888
Sacramento, California 95812-1888
I hereby affirm that I am duly authorized to act on behalf of and to bind the Permittee in the making and giving of this Acceptance and Waiver.
City of Avalon
By: -
(Signed Name) (Date)
(Printed or Typed Name) (Title)
IT IS SO ORDERED PURSUANT TO CALIFORNIA WATER CODE SECTION 13323 AND GOVERNMENT CODE SECTION 11415.60
By:
Susana Arredondo (Date)
Executive Officer