AVALON CITY COUNCIL MEETING
TUESDAY, OCTOBER 7, 2025 — 5:00 PM
410 AVALON CANYON ROAD
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the public inspection at the time the records are distributed to all, or a majority of all, members of the City Council. Such records shall be available at City Hall located at 410 Avalon Canyon Rd.
For the public’s convenience, but not participation, the meeting can be viewed:
On local cable: Catalina Broadband Solutions channel 3
Streaming on YouTube: https://www.youtube.com/CityofAvalonCA
CALL TO ORDER I PLEDGE OF ALLEGIANCE I INVOCATION I ROLL CALL
ANNOUNCEMENTS I WRITTEN COMMUNICATIONS
DEPARTMENT HEAD REPORTS
CITY MANAGER REPORT I CITY ATTORNEY REPORT
COUNCILMEMBER REPORTSIREQUESTS I MAYOR REPORT
ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken onnon- agenda items at this meeting. Speakers should limit comments to two (2) minutes each.
CONSENT CALENDAR
1. City Council Minutes
Although the live recording is the official record of public meetings, minutes are prepared for the City Council’s approval.
Recommended Action
Approve minutes from September 16, 2025 regular City Council Meeting.
2. Warrants
Expenditures Submitted for Approval:
• US Bank General Account totaling $2,464,344.44.
• One payroll totaling $301,712.66.
• One cashier’s check to the State Water Board for $57,000.00. • Five electronic fund transfers totaling $136,905.11.
Recommended Action
Approve the disbursements for September 8, 2025 through September 26, 2025 totaling $2,959,962.21.
CITY COUNCIL AGENDA
OCTOBER 7, 2025
PAGE
2 3. Resolution Accepting
a Grant from the State of California Department of Parks and Recreation Division of Boating Waterways Boating Safety and Enforcement Equipment Grant Program
The City submitted
a grant to the Division of Boating and Waterways Boating Safety and Enforcement Equipment Grant Program. The funding agency requires the City to provide a resolution stating the signatory on the grant agreement has the authority to enter into the agreement and is authorized to execute it.
Recommended Action
1. Adopt
a resolution accepting
a grant from the State of California Department of Parks and Recreation, Division of Boating and Waterways Boating Safety and Enforcement Equipment Grant Program. 2. Authorize the City Manager to execute the grant agreement.
4. Civic Center Housing Project Request for Proposal for Site Work and Construction Phases
On May 6, 2025 City Council approved awarding
a contract to US-Offsite for Phase 1-
Design and Phase
2 -Manufacturing of Modular Housing Units, with the caveat to return before proceeding with Phase
2 to determine financial project feasibility. To gain the clearest picture of project feasibility, City staff recommends issuing a RFP for Phase 3A, foundational site work and
a second REP for Phase 3B, installation of the modular units.
Both REPs will include explicit language that award is contingent upon project financing and City Council award.
Recommended Action
Authorize City staff to publish two Civic Center Housing Project requests for proposal for on-site civil preparation work and for modular unit construction.
5. Storm Drain Pipe Equipment Procurement for Hiawatha Sinkhole To repair
a sinkhole on Hiawatha Avenue, City Staff propose the replacement of a 99-
foot expanse of pipe.
Recommended Action
Per the City of Avalon’s Purchasing Policy, authorize the City Manager, or his designee, to purchase 36-inch Snap-Tite® pipe from Stormwater Experts for a not-to-exceed sum
of $50,000 from CIP Fund #205010, Account #1245-6547.
GENERAL BUSINESS
6. First Reading of an Ordinance to Repeal and Replace Chapter 1-8 (Reasonable Accommodation) of Title 1 of the Avalon Municipal Code, Implementing Housing Program 17 as set forth in the 6” Cycle General Plan Housing Element and Adoption of Exemption Findings Under the California Environmental Quality Act Reasonable accommodation procedures ensure disabled persons have equal and effective access to City programs and services, and that reasonable and long-term modifications to City employment, building, and zoning rules, regulations, practices, and standards may be made for disabled persons to the extent required under federal and
CITY COUNCIL AGENDA
OCTOBER 7, 2025
PAGE 3
state disability laws, including but not limited to the Americans With Disabilities Act, Federal Fair Housing Act and the California Fair Employment and Housing Act.
Recommended Action
Introduce and waive all readings of an ordinance of the City of Avalon to repeal and replace Chapter 1-8 (Reasonable Accommodation) of Title 1 of the Avalon Municipal Code, implementing housing program 17 as set forth in the 6tui Cycle General Plan Housing Element and adoption of exemption findings under the California Environmental Quality Act.
7. Procurement of Shore Boat End Float
Over the last several months, the City has engaged in general discussions with Scott Gorelczenko regarding potential sale of the Shore Boat Float and assignment of the remaining lease term.
Recommended Action
Pending inspections by City Staff and
a third-party Marine Surveyor: 1. Authorize the City
Manager to negotiate and execute
a purchase agreement for the Summer End Float from
Catalina Jet Ski Corporation for
a not-to-exceed sum of $595,000. 2. Amend the Harbor
Fund budget increasing the Fiscal Year 2025-26 Budget allocating $595,000 to Capital Outlay —
R and
M
— Floats/Wharfs Fund #10470-6504, and $60,000 to Float Maintenance Fund #10470-5705.
8. Magical Cruise Company Ltd. Cruise Ship Preferential Access Agreement During the February 18, 2025 City Council Meeting, the City authorized the City Manager to execute
a Term Sheet with Magical Cruise Company Ltd, dba Disney Cruise Lines.
Negotiations with Disney Cruise Lines have resulted in an agreement addressing and incorporating all of the relevant terms previously established.
Recommended Action
Authorize the City Manager to execute
a Preferential Access Agreement with Magical Cruise Company Ltd., dba Disney Cruise Line.
9. Award Cost of Service Study for Sewer, Saltwater, and Solid Waste Enterprise Funds The City provides Sewer, Saltwater, and Solid Waste services to approximately 1,400 residential and commercial parcels within the city limits. These utilities operate as enterprise funds, where rates and fees within each fund are set to cover the costs of providing the respective services to customers. The process for increasing rates is subject to Proposition 218. The most recent cost of service study included adopted service fees for the enterprise funds covering five (5) fiscal years ending June 30, 2026.
Recommended Action
1. Award contract and authorize City Manager to execute an agreement with HDR Engineering, Inc. (HDR) to provide
a cost of service study for the City of Avalon’s Sewer, Saltwater, and Solid Waste Enterprise Funds for an amount not-to-exceed $68,530; 2.
Amend the Solid Waste Fund budget increasing the Solid Waste professional services account (13125-5005) by $28,000 to cover its proportional share of the project costs.
CITY COUNCIL AGENDA
OCTOBER 7, 2025
PAGE
4 10. Cabrillo Mole Revitalization Project Phase
— Remainder of Work and Phase II — Wharf
Infill Contract Award
On October 22, 2024, the City Council approved the design plan and authorized procurement for Stage 0 of the Cabrillo Mole Revitalization Project. The City solicited a
request for bids from qualified contractors to complete step 1 of Stage 0 — completion of
the Phase I scope of work as well as installation of grates over the top of two existing cut outs along the easterly face of the Mole. The City received one bid by the stated deadline.
Recommended Action
Award contract to Slater Waterproofing, Inc. for the Revitalization Project Phase I — Remainder of Work and Phase II — Wharf Infill Project for a not-to-exceed sum of
$950,000.
11. On-Call Consulting Services Contract Amendment for International Consulting Services, Inc.
On May 6, 2025, the City Council authorized the City Manager to execute an agreement with International Consulting Services, Inc. for
a three-year term and
a not-to-exceed
contract sum of $100,000 annually. As the City ramps up activities associated with its Workforce Housing and Cabrillo Mole Revitalization projects, ICS task orders for these projects has exceeded initial estimates. City Staff request a one-time authorization to
increase the ICS professional services agreement.
Recommended Action
Authorize the City Manager to execute an amendment to the Professional Services Agreement with International Consulting Services, Inc. increasing contract services by $175,000, for a not-to-exceed 12-month contract sum of $275,000 for on-call project management services.
12. Amendment to US-Offsite Agreement for Civic Center Housing Project to Include Traffic and Logistics Study
The City Council awarded
a contract to US-Offsite for the Civic Center Housing Project, authorizing Phase 1 with direction to return to Council prior to issuance of Phase 2. As part of Phase 1 planning and design work, it has been determined that a traffic and
logistics study is necessary to evaluate the transport of oversized modular housing units from the barge landing through the City to the Civic Center campus.
Recommended Action
Authorize the City Manager to execute an amendment to the agreement with US-Offsiteto include a Traffic and Logistics Study in an amount of $7,000 for the Civic Center Housing Project.
13. Short-Term Rental Application Waitlist Policy Discussion On August 9, 2025, The City Council 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 modifying the Transient Rental System. Per the City Council’s direction, the ordinance established
a cap of 410 transient rental units within the City of Avalon and
CITY COUNCIL AGENDA
OCTOBER 7, 2025
PAGE 5
authorizes the City Manager to implement a policy to regulate the manner in which the Planning Commission considers new transient rental licenses once that limit is reached.
Recommended Action
Hear a presentation regarding policy options for processing short-term rental applications after the maximum number of licenses have been issued. If consensus, provide direction to City Staff.
ADJOURN
NOTICE OF POSTING
I, Devin Elis Hart, declare that the City Council Agenda for Tuesday, October 7, 2025 was posted on Friday, October 3, 2025 on the City’s website, www.cityofavalon.qov/aqendacenter, and at City Hall, 410 Avalon Canyon Road. evin Elise Hart, Senior Management Analyst
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 7, 2025 AGENDA ITEM: 1
ORIGINATING DEP: City Clerk CITY MANAGER: *t-(
PREPARED BY: Gabrielle Morones, City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the September 16, 2025 regular City Council Meeting.
REPORT SUMMARY: Although the live recording is the official record of public meetings, minutes are prepared for the Council’s approval.
FISCAL IMPACTS: N/A.
GOAL ALIGNMENT: Not Aligned.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.
FOLLOW UP ACTION: File minutes in the City Clerk’s office.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
1. September 16, 2025 regular City Council Meeting Minutes
AVALON CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 16, 2025
MINUTES
CALL TO ORDER- 5:00 p.m.
ROLL CALL- Present via Teleconference and In-Person: Mayor Anni Marshall, CouncilmembersLisa Lavelle, Michael Ponce, Mary Schickling and Yesenia De La Rosa. Also present: City Manager David Maistros, City Attorney Scott Campbell and City Clerk Gabrielle Morones.
WRITTEN COMMUNICATIONS-None.
PRESENTATIONS
1. Kelly Ribuffo, Contract Planner from Sagecrest Environmental — Planning, provided an overview of the City of Avalon’s General Plan.
2. City Engineer, Robert Greenlaw, PE, provided an update on the progress and next steps for Phase 2 of the Cabrillo Mole Revitalization Project.
CONSENT CALENDAR-There were four items on the Consent Calendar. Motion to approve made by Lisa Lavelle, seconded by Mary Schickling. (All Ayes)
1. City Council Minutes
Approved minutes from September 2, 2025 regular City Council Meeting.
2. Warrants
Approved a US Bank General Account totaling $499,509.14, one payroll totaling $312,975.65, four electronic fund transfers totaling $155,262.31 for a total disbursement of $967,747.10 for August 25, 2025 through September 5, 2025.
3. Pledge of Revenue Agreement with CaiRecycle for Postclosure Maintenance of Pebbly Beach Landfill
Adopted Resolution No. 25-33 of the City Council of the City of Avalon Approving a Pledge of Revenue Agreement with the California Department of Resources Recycling and Recovery for Postclosure Maintenance of the Pebbly Beach Landfill, Facility No. 19-AA-0061.
4. Harbor Vehicle Replacement
Authorized City Manager, or his designee, to purchase a used 2019-2024 Ford Ranger to replace the current Harbor Patrol vehicle, a 2006 Ford Explorer, for an amount not-to exceed sum of $42,000.
CITY COUNCIL MINUTES
SEPTEMBER 16, 2025
PAGE2
GENERAL BUSINESS5. Approval of Encroachment Permit for Private Improvements within the Public Right-ofWay at 358 Claressa Ave.
1. Approved encroachment permit at 358 Claressa Ave. for the construction of a new staircase within the public alley (between Claressa and Catalina Avenues) providing a secondary access to the second-floor unit, a new balcony on the second-floor, and a patioat grade on the first-floor dwelling unit both encroaching up to 22-inches into the Claressa Avenue right-of-way. 2. Authorized 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.
Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)
6. First Reading of an Ordinance Amending Chapter 9-5, Article 5 (L/M -Low and Moderate Income Housing) and Article 6 (Accessory Dwelling Units) of Title 9 of the Avalon Municipal Code, implementing housing programs 14 and 15 as set forth in the 6th Cycle General Plan Housing Element and Adoption of Exemption Findings Under the California Environmental Quality Act
Introduced and waived all readings of an ordinance of the City of Avalon amending Chapter 9-5, Article 5 (L/M -Low and Moderate Income Housing) and Article 6 (Accessory Dwelling Units) of Title 9 of the Avalon Municipal Code, implementing housing programs 14 and 15 as set forth in the 6th Cycle General Plan Housing Element and adoption of exemption findings under the California Environmental Quality Act.
Motion to approve made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes)
7. Motorola Portable APX8000 Series Radio Procurement
1. Made the affirmative finding to exempt this procurement from competitive bidding requirements due to utilization of cooperative bidding procedures as outlined in AvalonMunicipal Code Section 3-4.111(d). 2. Authorized the City Manager, and/or his designee, to execute a contract with Motorola Solutions to purchase four (4) new portable Motorola APX 8000 Radios for a not-to-exceed sum of $65,000 as budgeted in the City’s Fiscal Year 2025-26 Capital Improvement Plan, Project #254501, Account #10245-6547.
Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)
8. Maintenance Services Agreement with Perry Plumbing & Pipelining to Epoxy Lining Repairs of Sewer MainsPer the City’s procurement policy, authorized the City Manager, or his designee, to execute an agreement with Perry Plumbing & Pipelining to provide maintenance services for the installation of epoxy lining of two verified clay sewer mains in the amount not-to exceed $32,036.
Motion to approve made by Mary Schickling, seconded by Lisa Lavelle. (All Ayes)
CITY COUNCIL MINUTES
SEPTEMBER 16, 2025PAGE 3Mayor Marshall adjourned the meeting at 7:00 p.m.I, Gabrielle Morones, City Clerk, do hereby certify that the DVD videotape of the regular City Council Meeting on September 16, 2025, is the official record of the Council Meeting and is on file and maintained in City Hall.
Gabrielle Morones, City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 7, 2025 AGENDA ITEM: 2-
ORIGINATING DEP: Finance CITY MANAGER: ______ PREPARED BY: Matthew Baker, Finance DirectorSUBJECT: Warrants RECOMMENDED ACTION(S): Approve the disbursements for September 8, 2025 through September 26, 2025 totaling $2,959,962.21.REPORT SUMMARY: These disbursements through September 26th are comprised of warrants from the US Bank General Account totaling $2,464,344.44, one payroll totaling $301,712.66, one cashier’s check for $57,000.00, and other electronic fund transfers totaling$136,905.11. The settlement offer with the State Water Board approved at the August 19, 2025 City Council meeting in closed session required payment by a cashier’s check.
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 40700-40795 1,580,191.39 09/12/25GE US BANK WARRANTS CK#40796-40798 24,232.63 09/19/25GE US BANK WARRANTS CK# 40799-40858 859,920.42 09/26/25 PAYROLL 301,712.66 09/19/25
CASHIERS CHECK - STATE WATER BOARD 57,000.00 09/19/25
EFT - EL CAJON MOTORS 39,640.04 09/18/25EFT - CLEARGOV, INC. 37,625.00 09/12/25EFT -CALPERS FEES 1,383.25 09/17/25EFT -CALPERS RETIREMENT 48,852.52 09/22/25 EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 9,404.30 09/26/25 TOTAL DISBURSEMENTS $ 2,959,962.21
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
SEPTEMBER 8TH, 2025 - SEPTEMBER 26TH, 2025 DISBURSEMENTS October 7, 2025
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 40700-40795 1,580191.39 09/12/25GF US BANK WARRANTS CK# 40796-40798 24,232.63 09/19/25GF US BANK WARRANTS CKU 40799-40858 859,920.42 09/26/25 PAYROLL 301,712.66 09/19/25
CASHIERS CHECK - STATE WATER BOARD 57,000.00 09/19/25
EFT - EL CAJON MOTORS 39,640.04 09/18/25
EFT - CLEARGOV, INC. 37,625.00 09/12/25EFT - CALPERS FEES 1,383.25 09/17/25EFT -CALPERS RETIREMENT 48,852.52 09/22/25EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 9,404.30 09/26/25 TOTAL DISBURSEMENTS $ 2,959,962.21
CERTIFICATE
IN ACCORDANCE WITH SECTION 32702
OF THE GOVERNMENT CODE, I CERTIFY
THAT THE ABOVE DEMANDS ARE ACCURATEAND THAT FUNDS ARE AVAILABLE FOR PAYMENT.
APPROVED AND AUDITED THIS
7TH DAY OF OCTOBER 2025 I CERTIFY UNDER PENALTY OF PERJURY
THAT THE FOREGOING IS TRUE AND
CORRECT.
AUDIT COMMITTEE -MICHAEL PONCE EXECUTED THIS 7TH DAY OF OCTOBER 2025
AUDIT COMMITTEE - MARY SCHICKLING FINANCE DIRECTOR - MATTHEW BAKER
CITY OF AVALON
WARRANT DISBURSEMENTS
October 7th
AMOUNT NAME
13,32250 YOUR FRONT DOOR ENTRY SYSTEMS INC
2,19668 AAA OIL, INC
(2,196.68) AAA OIL, INC
3,198.78 ACTION SALES & METAL CO.
142.00 AIR SOURCE INDUSTRIES
3,869.24 AIR VACUUM CORPORATION
360.15 ALEGRIA, MICHAEL - AMAZON CAPITAL SERVICES, INC. - AMAZON CAPITAL SERVICES, INC.
AMAZON CAPITAL SERVICES, INC.AMERGENTTECHS, INCANIXTER, INC. 398,295.10 JORDAHL CONSTRUCTION
219.00 JORDAHL CONSTRUCTION
4,094.29 L.N. CURTIS & SONS
(4,094.29) L.N. CURTIS & SONS
(57,000.00) LA REGIONAL WATER QUALITY CONTROL
57,000.00 LA REGIONAL WATER QUALITY CONTROL
3,882.55 LAWSON PRODUCTS
900.00 LIEBERT CASSIDY WHITMORE
DESCRI PTION
SERVICE: C1P205007
FUEL: HARBOR
VOID CHECKJMF SCOREBOARDSUPPLIES: FIRESUPPLIES: FIRE
REIMB: 0/P COSTS
VOID: MULTI STUB CHECK
VOID: MULTI STUB CHECK
SUPPLIES: ALL DEPTS
SERVICE: HARBORSUPPLIES: HARBORCOMMUNICATIONS: ALL
SWEEPER: 08/2025CONTRACT SVCS: 08/2025
FREIGHT: ALL DEPTS
SERVICE: HARBOR
LEGAL FEES: 07/2025
SUPPLIES: FIRESENIOR MEALS. 08/2025SUPPLIES: GARAGESUPPLIES: ALL DEPTS INTERNET: ALL DEPTSLODGING: ALL DEPTS
SUBSIDY: 08/2025CONTRACT SVCS: FALCONRY
RENT: 09/2025
SERVICE: ALL DEPTS
ADVERTISING: ALL DEPARTMENTSSUPPLIES: IT
CONTRACT SVCS: 08/2025
REIMB: 0/P COSTS
RESIDENT OPTY: 07/2025
PAYROLL LIABILITIES
QUARTERLY PAYMENTS: MEDICS
DENTAL: 08/2025
SERVICE:PUBLIC WORK
FUEL: HARBOR
SERVICE: FIRE
UTILITIES: ALL DEPT
UTILITIES: ALL DEPT
UTIUTIES: ALL DEPTUNIFORMS: FIRE
SERVICE: IT
VISION: 08/2025
SOFTWARE: FIRE
SERVICE: RECREATION
SUPPLIES: HARBOR
PBL EXPANSION CIP
SUPPLIES:PUBLIC WORKS
REIMB 0/P COSTS
SUPPLIES:PUBLIC WOR
SERVICE: FINANCESUPPLIES:PUBLIC WORKS
REFUND: AMBULANCE
SUPPLIES:PUBLIC WORKS
TRAINING: FIRE
SERVICE: CIP 205014
SERVICE: CIP 180005SERVICE: CIP 180003TIRE DISPOSAL
SUPPLIES: FIRE
VOID CHECK
VOID CHECK
FEES: WATER BOARD
SUPPLIES: HARBOR
TRAINING: ADMIN
CHECKNUMBER
4070040701
40701407024070340704
407054070640707
407084070940710
407114071240712
407134071440715
40716
4071740718407194072040721
4072240723407244072540726
4072740728
4072940730
4073140732
40733407344073S4073640737
40738407394074040741
407424074340744
407454074640747
407484074940750407S1
407S2407S340754407SS407SS
40756407S6
40757407574075840758
4075940760
DATE
ISSUED
09/12/202 509/12/202 5
09/24/202 509/12/202 S09/12/202 5
09/12/202 S09/12/202509/12/202509/12/2025
09/12/202 S09/12/2 02 5
09/12/202 509/22/202509/12/20Th09/12/202 609/12/2025
09/12/202 5
09/12/202 509/12/202509/12/2025
09/12/202509/12/202509/12/202 S
09/12/202 5
09/12/2025
09/12/202 509/12/202509/12/202509/12/2025
09/12/202509/12/202509/12/202 509/12/202 509/12/202 S
09/12/202S
09/12/202 S
09/12/202 509/12/202 5
09/12/202S
09/12/202S09/12/202509/12/202509/12/202S09/12/202509/12/2025 09/12/202 5
09/12/202509/12/2025
09/12/202509/12/2025
09/12/202 S09/12/202 S09/12/2 025
09/12/202509/12/202509/12/202509/12/202509/12/202 509/12/2025 09/12/202509/12/2025
09/12/202 509/24/202 509/18/202 509/12/202509/12/202 5
09/12/2025
16,798.44
850.00
816.90
3,00S.OS6,112.49
191,922.47
1,012.73
1,050.44
68,674.42
302.97
264.00
2,761.46
88.79 39.38
2,816.10
64,002.96
14,400.0019,179.00
1,200.00
540.00274.04
53,399.82
80.16 176,526.20
61.38 260,592.50
7,059.40
318.00
2,688.98
913.85
83,862.28
271.02537.82
1, S63 .451,237.501,123.30
13,492.50
400.00
1,210.61
4,447.70
67.6490.28
404.70
22,283.14
1,159.06
2S4.98
2,4S9.01
138.90
10,920.00
10,440.00
AT & T
CR&R INCORPORATEDCR&R INCORPORATED
AVALON FREIGHT SERVICES, LLCAVALON MOORING & DIVING
BEST, BEST & KRIEGER, LLPBOUND TREE MEDICAL
CAFE METROPOLECART MART, INC.
CATALINA BEVERAGE COCATALINA BROADBAND SOLUTIONSCATALINA CANYON INNCATALINA EXPRESSCATALINA FALCONRY, LLC
CATALINA ISLAND COMPANYCATALINA ISLAND JANITORIALCATALINA ISLANDERCDW GOVERNMENT CIRCUIT TRANSIT, INCCISNEROS, CHRISTIANCO. OF LOS ANGELES SHERIFF’S DEPT.COLONIAL LIFECOUNTY OF LOS ANGELES FIRE DEPT
DELTA DENTALDEWEY PEST CONTROLDION & SONS MARINE FUELS INCEAGLE ELECTRIC
EDISONEDISONEDISON
ENTENMANN-ROVIN CO.ESPRY, INC.FIDELITY SECURITY LIFE INSURANCELOCALITY MEDIA, INC.
ANGELA TORRES PHILIPSGANAHL LUMBER COMPANYGEO-LOGIC ASSOCIATES, LLC.
GLOBAL EQUIPMENT COMPANY
GONZALES, ALIANA
GRAINGERGRANICUS, INC.
HAAKERHELM, AUSTIN
HOME DEPOT CREDIT SERVICESHSI EMERGENCY CARE SOLUTIONS, INC
INTERNATIONAL CONSULTING SERVICESINTERNATIONAL CONSULTING SERVICES
CITY OF AVALON
WARRANT DISBURSEMENTS
October 7th
CHECKNUMBER
4076140762
407634076440765
407664076740768407694077040771
4077240773407744077440775
40776407774077840779407804078140782
4078340784407854078640787
407884078940790407914079240793
4079440795
DATE
ISSUED
09/12/202509/12/202509/12/202509/12/2025
09/12/202509/12/202509/12/202509/12/2025
09/12/202509/12/202509/12/202509/12/202509/12/202 509/12/2025 09/22/202509/12/202509/12/202509/12/202509/12/202 509/12/202 509/12/202 5 09/12/202509/12/202509/12/202509/12/202509/12/202509/12/2025 09/12/202 509/12/202509/12/202509/12/202509/12/202509/12/202509/12/2025 09/12/202 509/12/2025
$ 1,580,191.39
NAME
LINDE GAS & EQUIPMENT INC.LOS ANGELES COUNTY FIRE DEPARTMENTMATTHEWS INTERNATIONAL CORPORATION ISLAND EXPRESS HELICOPTERS INC.MCMASTER-CARRMM INTERNET, INC.NAPA AUTO PARTSNETMOORING NEWPORT AQUATIC CENTERPONCE, PHILLIPRICOH USA, INC.
SAGECREST PLANNING & ENVIRONMENTAL
HERTEL SALDANA, GABRIEL
SEE WATER, INC.SEE WATER, INC.SHERWIN-WILLIAMSSIRIAS CLEANING SERVICESOUTHERN CALIFORNIA ASSOC OF GOVERNSTANDARD INSURANCE COMPANY
VERONICA BRAVOSUPERION, LLCTOWNSEND PUBLIC AFFAIRS, INC ULINE, INC.
UMRUNDERGROUND SERVICE ALERT/SC
CORPORATE PAYMENT SYSTEMS
USJETrING
SUPPLIES: WELDING
PERMIT FEES
SUPPLIES: CEMETERY
FREIGHT: GARAGE
SUPPLIES:PUBLIC WORKSSERVICE: IT
SUPPLIES: GARAGESERVICE: HARBORSERVICE: RECREATION
REIMB: 0/P COSTS
COPIER LEASE: PLANNCONTRACT SVCS:PLANN
SERVICE: FIRESERVICE: HARBORVOID CHECKSUPPLIES: HARBOR
1ST HALF 09/202SMEMBERSHIP DUESLIFE INSURANCE: 08/2025
SENIOR MEALS:08/202S
SOFTWARE LEASE: FINANCE
CONTRACT SVCS: AOMIN
SUPPLIES:PUBLIC WOR
REFUND:AMBULANCE
SERVICE:PUBLIC WORKSEE ATTACHED DETAIL
SUPPLIES: GARAGESERVICE:RECREATIONSUPPLIES: HARBORSUPPLIES:PUBLIC WORKSSUPPLIES:HARBORSUPPLIES: FIRECOMMUNICATIONS: ALL SERVICE: HARBORSERVICE: S/ASERVICE: HARBOR
AMOUNT DESCRIPTION
493.72
5,269.00
1,225.62
183.31
5,997.29
344.10
1,409.91
200.00640.00
93.92 298.24
21,456.94
1,417.331,275.00
(1,275.00)
1,842.98
9,357.91
549.00
1,205.89
272.00
4,130.725,000.00
902.43
1,019.90
66.00 13,900.13
1,939.12
1,500.00 VICKERS, iOHN
3,307.50 VITA POWER US, INC.
92.64 WALTERS WHOLESALE ELECTRIC CO
1,074.95 WATERMAN SUPPLY COMPANY INC.
348.00 ZOLL MEDICAL CORP.
1,4S8.13 AT&T
3,686.25 AVALON MOORING & DIVING
262.50 RSG, INC
10,940.82 SOUTHWEST MARINE RESOURCE, INC.
CITY OF AVALON
WARRANT DISBURSEMENTS
October 7th
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
40796 09/29/2025 15,952.48 CIRA INSURANCE FY2640797 09/19/2025 7,570.00 ELECTRIC TIME COMPANY, INC. 40% DEPOSIT: HARBOR CLOCK40798 09/19/2025 710.15 MCDONALD, AUDRA RETIREE INS: 10/2025 $ 24,232.63
CITY OF AVALON
WARRANT DISBURSEMENTS
October 7, 2025
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
40799 09/26/2025 9,233.38 YOUR FRONT DOOR ENTRY SYSTEMS INC SERVICE: CIP 205007 40800 09/26/2025 2,196.68 AAA OIL, INC FUEL: HARBOR
40801 09/26/2025 292.40 ALL STAR FIRE EQUIPMENT, INC UNIFORMS: FIRE 40802 09/26/2026 - AMAZON CAPITAL SERVICES, INC. VOID: MULTI STUB CHECK40803 09/26/2025 6,171.62 AMAZON CAPITAL SERVICES, INC. SUPPLIES: ALL DEPTS 40804 09/26/2025 740.95 ANIXTER, INC. SUPPLIES: FIRE
40805 09/26/2D25 1,439.17 AVALON BOAT STAND SUPPLIES: HARBOR40806 09/26/2025 1,413.51 AVALON FREIGHT SERVICES, LLC FREIGHT: ALL DEPTS 40807 09/26/2025 1,024.60 AVALON MOORING & DIVING SERVICE: HARBOR 40808 09/26/202S 24,083.33 AVALON SHOREBOAT SERVICE CORP. CONTRACT SVCS:10/202S40809 09/26/2025 5,511.70 BEYOND SOFTWARE SOLUTIONS CONTRACT SVCS: IT 40810 09/26/2025 1,136.70 CART MART, INC. SUPPLIES: GARAGE 40811 09/26/2025 CATALINA BEVERAGE CO VOID: MULTI STUB CHECK40812 09/26/2025 8,641.28 CATALINA BEVERAGE CO SUPPLIES: ALL DEPTS 40813 09/26/2025 49.95 CATALINA BROADBAND SOLUTIONS INTERNET: ALL DEPTS 40814 09/26/2025 137,500.00 CATALINA CHAMBER OF COMMERCE TOT. 10/2025 40816 09/26/2025 180.00 CATALINA ISLANDER ADVERTISING: ALL DE40816 09/26/2025 204,554.39 CO. OF LOS ANGELES SHERIFF’S DEPT. RESIDENT DPTh’: 07/2025 40817 09/26/202S 61.38 COLONIAL LIFE PAYROLL LIABILITIES 40818 09/26/2025 100.00 CDUNT\’ OF LOS ANGELES FIRE DEPT QTLY PMTS: MEDICS40819 09/26/2025 324.92 COYLE REPRODUCTIONS, INC SUPPLIES:STREET SIGNS 40820 09/26/2025 3,226.95 DAPEER, ROSENBLIT & LITVAK,LLP SERVICE: VEHICLES 40821 09/26/2025 1,343.66 DELL MARKETING L.P. SUPPLIES: IT40822 09/26/2025 7,059.40 DELTA DENTAL DENTAL: 09/2025 40823 09/26/2D2S 624.00 DEWEY PEST CONTROL SERVICE: ALL DEPTS 40824 09/26/2025 1,212.16 DION & SONS MARINE FUELS INC FUEL: HARBOR 40825 09/26/2025 382.28 EDISON UTILITIES: ALL DEPTS40826 09/26/2025 525.00 ESPRY, INC. SERVICE: IT40827 09/26/2025 1,123.30 FIDELITY SECURITY LIFE INSURANCE VISION: 09/2025 40828 09/26/2025 2,029.03 GRAINGER SUPPLIES:PUBLIC WORKS40829 09/26/2025 30.55 [IAAKER SUPPLIES:PUBLIC WORKS 40830 09/26/2025 970.00 ICC GENERAL CODE, INC. SERVICE: ADMIN40831 09/26/2025 1,997.11 INTERNATIONAL CODE COUNCIL, INC. SUPPLIES: PLANNING 40832 09/26/2025 5,542.18 L.N. CURTIS & SONS SUPPLIES: FIRE 40833 09/26/2025 437.06 LINDE GAS & EQUIPMENT INC. SUPPLIES: WELDING 40834 09/26/2025 480.00 LOS ANGELES COUNTY FIRE DEPARTMENT PERMIT FEE:AR006364 40835 09/26/2025 951.00 MASA DUES: 10/202540836 09/26/2025 27.63 ISLAND EXPRESS HELICOPTERS INC. FREIGHT: GARAGE40837 09/26/2025 841.63 MCMASTER-CARR SUPPLIES:PUBLIC WORKS 40838 09/26/2D2S 10,236.50 MONTROSF ENVIRONMENTAL SOLUTIONS SERVICE: CIP 180003 40839 09/26/2025 58,523.79 MOTOROLA SOLUTIONS, INC. SERVICE: FIRE AUDIO 40840 09/26/2026 1,016.20 NAPA AUTO PARTS SUPPLIES: GARAGE40841 09/26/2025 285,959.77 PERC WATER CONTRACT SVCS: 08/2025 40842 09/26/2025 36.00 QUADIENT POSTAGE REFILL
40843 09/26/2025 1,022.09 QUILL CORP SUPPLIES: ALL DEPTS 40844 09/26/2025 1,958.72 RICOH USA, INC. COPIER LEASE: PLANN40845 09/26/2025 320.00 RSG, INC SERVICE: S/A 40845 09/26/202S 668.75 RSG, INC SERVICE: H/A
40846 09/26/2025 - STANDARD INSURANCE COMPANY VOID: MULTI STUB CHECK 40847 09/26/202S 1,205.89 STANDARD INSURANCE COMPANY LIFE INSURANCE:09/202S 40847 09/26/2025 1,20S.89 STANDARD INSURANCE COMPANY LIFE INSURANCE:10/202S40848 09/26/2025 269.85 STERICYCLE, INC SERVICE: FIRE 40849 09/26/2025 6,030.92 ULINE, INC. SUPPLIES:PUBLIC WOR 40850 09/26/2025 - CORPORATE PAYMENT SYSTEMS VOID: MULTI STUB CHECK40861 09/26/2025 24,267.56 CORPORATE PAYMENT SYSTEMS SEE AHACHED DETAIL 40852 09/26/2025 18,750.00 VEGA, EDMUNDO CONTRACT SVCS: 09/2025 40853 09/26/2025 1,477.58 VERIZON WIRELESS COMMUNICATIONS: ALL 408S4 09/26/2025 5,073.46 WALTERS WHOLESALE ELECTRIC CO SUPPLIES: PUBLIC WORKS40855 09/26/2025 6,813.63 WESTRIDGE ENVIRONMENTAL GROUP SUPPLIES: WWTP 40856 09/26/2025 1,174.16 WITMER PUBLIC SAFETY GROUP, INC. SUPPLIES: FIRE 40857 09/26/2025 111.76 XEROX CORPORATION COPIER LEASE: ADMIN 40858 09/26/2025 440.00 ZAMPESE, CHRISTINE SERVICE: RECREATION $ 859,920.42
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID SEPTEMBER 12, 2025
OcEobor 7, 2025
$ 13,900.13 CHECK 407B5
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT RAKES 8/3/2025 $ 304.23 ZOOM.COM OPERATING COSTS: IT FINANCE S. CAMPBELL 8/1/2025 $ 156.54 AMAZON SUPPLIES: ADMIN ADMINS. CAMPBELL 8/11/2025 $ 1499 CANVA OPEEATING COSTS: IT ADMINFRANCIS 7/17/2025 $ 155.74 ENTERPRISE RENT-A-CAR TRAINING & TRAVEL ADMIN ADMINFRANCIS 7/29/2025 $ 643 SR SP UNIVERSAL ROOT INC UNIEORMS- CODE ENFORCEMENT ADMINFRANCIS R/S/2025 $ 12R.OS NNA SERVICES MEMRERSHIP DUES ADMINFRANCIS 8/3/2025 $ S01.6S HOKA UNIFORMS- CODE ENFORCEMENT ADMINFRANCIS 8/11/2025 $ 1,111.00 ICMA MEMBERSHIP DUES ADMINFRANCIS 8/11/2025 $ 890.00 ICMA TRAINING & TRAVEL: ADMIN ADMIN EBANCIS 8/11/2021 $ 742.47 VRBG TRAINING & TRAVEL: ADMIN ADMIN JEFF H. 7/16/2025 $ 649.72 BRIMAR INDUSTRIES SUPPLIES: TRAEFIC SIGNS PUBLIC WORKSJEFF H. 7/17/2021 $ 71.62 CHET’S HARDWARE SUPPLIES: MAINTENANCE OP PREMISES PUBLIC WORKSIEEE H. 7/21/2025 $ 1,694.93 DR HARDWARE SUPPLY SUPPLIES: PUBLIC WORKS PUBLIC WORKS JEEP H. 7/22/2025 $ 68.95 BRIMAR INDUSTRIES SUPPLIES: TRAFFIC SIGNS PUBLIC WORKSJEEP H. 7/26/202S $ 184.54 LESLIE’S PDDLMART SUPPLIES: MAINTENANCE GE PREMISES PUBLIC WORKSJEFF H. 7/29/2025 $ 47845 LESLIE’S POOLMART SUPPLIES: MAINTENANCE GE PREMISES PUBLIC WORKSJEEP H. 7/29/2029 $ 2800 CHET’S HARDWARE SUPPLIES PUBLIC WORKS PUBLIC WORKSJEEP H. 7/30/2025 $ 62.02 CHET’S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKSIEEE H 7/30/2021 $ 13001 CHET’S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKSJEEP H. 8/1/2025 $ (184.54) LESLIE’S PDDLMABT SUPPLIES: MAINTENANCE GE PREMISES PUBLIC WORKSJEEP H. 0/6/2021 $ S0.67 CHET’S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKSJEEP H. B/11/202S $ 20.93 CHET’S HARDWARE SUPPLIES: PURLIC WORKS PUBLIC WORKSIEEE H. 8/12/2025 $ 307.58 LESLIE’S PDDLMART SUPPLIES: MAINTENANCE OP PREMISES PUBLIC WORKSJEEP H. R/13/2D2S $ 34.06 CHET’S HARDWARE SUPPLIES: MAINTENANCE DP PREMISES PUBLIC WORKSIEEE H. 8/13/2025 $ 143.23 CHET’S HARDWARE SUPPLIES: MAINTENANCE OP PREMISES PUBLIC WORKSSCHMIDT 7/14/2021 $ 21.64 CHET’S HARDWARE SUPPLIES: MAINTENANCE OP PREMISES HARBORSCHMIDT 7/17/2025 $ 2,916.00 AMERICAN FLOOR MATS OPPICE SUPPLIES HARRORSCHMIDT 7/17/2021 $ 540.00 AMERICAN PLODS MATS OPFICE SUPPLIES HARBORSCHMIDT 7/10/2021 $ 231.00 CATALINA ERPRESS TRAINING & TRAVEL HARBORSCHMIDT 7/18/2025 $ 38.29 AMEBICAN FLOOR MATS DPPICE SUPPLIES HARBORSCHMIDT 7/24/2021 $ 13.22 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES HARBORSCHMIDT 7/24/2025 $ 79.23 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES HARBORSCHMIDT 8/6/2025 $ 14900 EMERGENCY MEDICAL SERVICE TRAINING & TRAVEL HARBORSCHMIDT 8/6/2025 $ 3.31 EMERGENCY MEDICAL SERVICE TRAINING & TRAVEL HARBDBSCHMIDT 8/6/2025 $ 109.00 CATALINA PEST CONTROL SERVICE: MAINTENANCE OP PREMISES HARBOR SCHMIDT 8/6/2021 $ 26800 CATALINA PEST CONTROL SERVICE- MAINTENANCE GE PREMISES HARBOR SCHMIDT 8/5/2025 $ 822.15 DATATEL COMMUNICATIONS: HARBOR HARBORSCHMIDT 8/10/2021 $ 19.00 SENDHUB SERVICE- MAINTENANCE OP PREMISES HARBOR SCHMIDT 0/8/2021 $ 268.00 CATALINA PEST CONTROL SERVICE: MAINTENANCE OP PREMISES HARBORSCHMIDT 8/12/2021 $ 19.83 CHET’S HARDWARE SUPPLIES: SMALL TOOLS HARBOR Po8o 1 of 1
CITY OP AVALON
US BANK CREDIT CARD CHARGES PAID SEPTEMBER 26, 202S
OcEober 7, 202S
24,267.56 CHECK 40651
LAST NAME PDST DATE AMT USD VENDDR DLSERIPTIDN DEPARTMENTC. CISNEROS R/25/202S 92.00 CATALINA EXPRESS TRAINING & TRAVEL FIRE C. CISNEROS R/25/2025 390.62 EXPEDIA COM TRAINING & TRAVEL FIREC. CISNEROS 9/11/2075 261.74 VGNS SUPPLIES: FIRE FIRES CAMFRELL 9/11/202S T4.99 CANVA OPERATING CGSTS IT ADMINGONZALES R/20/2025 59.50 AMADOR TRAINING & TRAVEL: AVALON TRANSIT PLANNING GGN2ALES R/20/ 202S RRS.00 CALACT TRAINING & TRAVEL: AVALGN TRANSIT PLANNINGGGN7ALES R/20/2025 242.96 SOUTHWEST TRAINING & TRAVEL: AVALGN TRANSIT PLANNINGGGNZALES 9/3/2025 94.00 CATALINA EXPRESS TRAINING & TRAVEL: AVALGN TRANSIT PLANNINGGGNZALES 9/9/2025 11.00 USPS PG AVALGN POSTAGE NARRGR SUPPGRT SERVICES PLANNING G.E. HART R/20/2025 99.00 SURVET MGNKEY OPERATIGN CGSTS: IT AGMIN G.E. HART R/21/2025 266.00 PAPER RECYCLING & SHREGGING SERVICE: AGMIN AGMING.E. HART 9/2/202S R2.9R CTRERLTNE NETWGRK GPERATIGN CGSTS. IT AGMING.E. HART 9/14/202S 15.00 QUICKESIGN GPERATION COSTS IT AGMINRAKER 9/4/2025 304.23 ZGOM.COM GPERATIGN CGSTS IT FINANCEM. DAILEY R/2R/2025 309.43 URIOUITI STORE GPERATION CGSTS IT AGMINM. DAILEY 1/20/2025 65.00 STARLINE OPERATIGN CGSTS IT AGMINM. DAILEY R/2R/2025 120.00 DUG SECURITY OPERATION COSTS: IT AGMINM. DAILEY 0/30/2025 13.66 GETJGAN.CGM OPERATIGN COSTS: IT AGMINM. DAILEY 9/1/2025 210.00 GOMOTZ OPERATIGN CGSTS IT AGMINM DAILEY 9/2/2025 1,026.95 GELL GPERATION COSTS: IT AGMINM. DAILEP 9/1/2025 40.60 EXCLAIMER OPERATION COSTS: IT AGMINM DAILEY 9/9/202S 171.90 MICRGSOPT OPERATION CGSTS: IT AGMINM DAILEY R/34/2G25 25.00 CLGUDFLARE GPERATIGN CGSTS: IT ADMIN
0. MORGNES R/16/2025 300.00 CITY CLERKS ASSOCIATIGN MEMRERSNIP DUES ADMING. MGRGNES 9/12/2025 600.00 LEAGUE GE CA CITIES CONFERENCE: CITY COUNCIL AGMINMEFFERT 9/1/2025 50.90 VONS SUPPLIES: FIRE FIREM. ALEGRIA R/16/202S 260.00 SYARLINK SERVICE: FIRE FIREM. ALEGRIA R/SR/2025 42S.00 TURNGUTRENTAL TOM TRAINING & TRAVEL FIREM. ALEGRIA 0/14/2025 463.50 CENTRAL NET TRAINING CENTER TRAINING & TRAVEL FIRE M. ALEGRIA R/26/202S 61.74 VGNS SUPPLIES: FIRE FIREM ALEGRIA R/2R/2025 71.42 AVALON PASS OFFICE SUPPLIES FIREM. AEEGEIA 6/29/2025 54.6R VGNS SUPPLIES: FIRE FIREM ALEGRIA R/2R/2025 2,031.10 HAlO UNIFORMS FIRE FIREM. ALEGRIA 6/29/2025 404.44 HAIl UNIFORMS. FIRE FIREM. ALEGRIA 9/0/2025 94.00 CATALINA EXPRESS TRAINING & TRAVEL FIREM. ALEGRIA 6/3/2025 15.11 LORSTER TRAP MEALS FIREM ALEGRIA 9/10/2025 9400 CATALINA EXPRESS TRAINING & TRAVEL FIREM ALEGRIA R/10/2025 72.41 SHUTTERPLY SUPPLIES FIRE FIREM ALEGRIA 9/11/2025 44362 UNIFORM WAREHOUSE UNIFORMS FIRE FIREM ALEGRIA 9/11/202S 6440 CATALINA COFFEE & CG MEALS FIREM ALEGRIA 9/10/2025 2501 LORSTER TRAP MEALS FIREM ALEGEIA R/12/202S 521.5R SHUTTERFLY SUPPLIES: FIRE EIRE M ALEGRIA 9/11/2025 27.S4 VGNS SUPPLIES: FIRE FIREFRANCIS R/15/2025 275.62 VISTAPRINT OPERATION COSTS IT AGMINFRANCIS 1/14/2325 326.36 SOUTHWEST TRAINING & TRAVEL AGMINFRANCIS 9/2/2G2S 634.95 ENTERPRISE RENT-A-CAR TRAINING & TRAVEL AGMINFRANCIS 9/5/2025 SRR.R3 CATALINA CANYON INN LODGING: IT ADMIN FRANCIS 9/5/2025 560.03 CATALINA CANYON INN LOGGING: IT ADMINMONTGOMERY 9/11/2025 RR4.3R OATATEL COMMUNICATIONS COMMUNICATIONS HARRGR SCHMIDT R/2G/21325 506.17 CUSTOM INK SUPPLIES HARROR HARRDRSCHMIDT R/20/2025 1,135.13 RON PHOTO SECURITY CAMERAS HARRORSCHMIDT R/22/202S 1,373.94 WEST MARINE POD SERVICE NARROR HARROR SCHMIDT R/2R/2D25 5,612.01 CDW GOVT SECURITY CAMERAS HARRORSCHMIDT 9/10/2025 19.00 SENDHUR COMMUNICATIONS HARROR
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 7, 2025 AGENDA ITEM: ________ ORIGINATING DEP: Administration/Harbor CITY MANAGER: _______ PREPARED BY: Kevin Schmidt, Harbor Master Aliana Gonzales, Administrative Analyst
SUBJECT: Resolution Accepting a Grant from the State of California Department of Parks and Recreation Division of Boating WaterwaysBoating Safety and Enforcement Equipment Grant Program RECOMMENDED ACTION(S): 1. Adopt a resolution accepting a grant from the State of California Department of Parks and Recreation, Division of Boating and Waterways BoatingSafety and Enforcement Equipment Grant Program. 2. Authorize the City Manager to execute the grant agreement.
REPORT SUMMARY: The City submitted a grant application in April 2025 for two (2) new Yamaha 150 HP Outboard Engines (including steering set) through the Division of Boating andWaterways Boating Safety and Enforcement Equipment Grant Program.
The City was notified in late September that the grant request of $55,663.02 for the two outboard engines was recommended for funding.
The funding agency requires the City to provide a resolution stating the signatory on the grant agreement has the authority to enter into the agreement and is authorized to execute it.
GOAL ALIGNMENT: Safety
FISCAL IMPACTS: None, there is no required match for the grant.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not receive the grant funds.
FOLLOW UP ACTION: Execute the contract and forward to the Department of Boating and Waterways with the required Resolution.ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
1. Resolution
2. Grant Agreement
RESOLUTION NO.____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON
ACCEPTING A GRANT FROM THE DIVISION OF BOATING AND WATERWAYS
FOR BOATING SAFETY ENFORCEMENT EQUIPMENT
WHEREAS, the City of Avalon is desirous of improving a boating infrastructure grant facility at Avalon Harbor to meet the needs of the boaters and to provide publicaccess to these facilities; and WHEREAS, the Division of Boating and Waterways is authorized to provide grants to cities, counties, districts, and other public agencies for the construction and development of such facilities; and
WHEREAS, the City of Avalon is willing to enter into an agreement with the Department of Boating and Waterways to provide two Yamaha 150 horsepower outboard engines to enhance public safety in Avalon Harbor; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Avalon by adoption of this resolution hereby approves the Division of Boating and Waterways Boating Safety Enforcement Equipment Grant in the amount of $55,663.02; and
BE IT FURHTER RESOLVED that the City of Avalon agrees to accept the grant and hereby authorizes the City ofAvalon, City Manager, to the sign the grant agreementand accept the grant for the purpose stated above.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon this 7th day of October, 2025, by the following vote:
Ayes:
Noes:
Absent:
Ann H. Marshall, Mayor
City of Ava Ion
ATTEST:
Gabrielle Morones, City ClerkCity of Avalon
State of California — Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
DIVISION OF BOATING AND WATERWAYS
GRANT AGREEMENT
GRANTEE: City of Avalon Harbor DepartmentGRANT TITLE: Boating Safety and Enforcement Equipment Grant -FY 2025 I 26GRANT NUMBER: C25L0603GRANT AMOUNT: $55,663.02GRANT AGREEMENT TERM: October 1, 2025 (or the date signed by the Department whichever comes later) through September 30, 2033GRANT PERFORMANCE PERIOD: October 1, 2025 (or the date signed by the Department whichever comes later) through September 30, 2026.The Grantee agrees to the terms and conditions of this contract, hereinafter referred to as Agreement,and the State of California, acting through its Director of the Department of Parks and Recreation, and pursuant to the State of California agrees to fund the total state grant amount indicated below. The GRANTEE agrees to complete the SCOPE OF WORK as defined in the Agreement.
The following are attached and made a part of and incorporated into this grant agreement: Exhibit A Grant Terms and Conditions, Exhibit B General Terms and Conditions, Exhibit C Contractor Certification Clauses, Exhibit D Doing Business with California, Exhibit E Darfur Contracting Act, Exhibit F Recycled Content Certification, and Exhibit G Scope of Work/Budget (Application).
This grant award is funded by the U.S. Coast Guard from the Sport Fish Restoration and Boating Trust Fund CFDA 97.01 2, administered by California Department of Parks and Recreation, Division of Boating and Waterways. The Federal FY 25 award, 70Z02325M00001 818 to California; $5,443,096.
This is not a research and development grant.
Grantee: City of Avalon Harbor Department Agency: Department of Parks and Recreation Division of Boating and Waterways Address: 410 Avalon Canyon Rd, P0 Box 1085 Avalon, Ca 90704 ATTN: Johanna Naughton
Name of Address: 4940 Lang Ave., Dock H,
Authorized Administration, Floor 12
Representative: David M. Maistros McClellan, CA 95652
Title of Authorized
Representative: City Manager Authorized Signature:
Authorized Signature: Printed Name: Keren Dill
Title: Staff Services Manager II
Date:
Date:
Date: 09/23/2025 Contract # C25L0603. City of Avalon Harbor Department. Boating Safety and Enforcement Page: 1 of 45 Equipment Grant - FY 2025 / 26
CERTIFICATE OF FUNDING
(FOR STATE USE ONLY)
GRANTEE: City of Avalon Harbor DepartmentGRANT TERM END DATE: September 30, 2033 GRANT TITLE: BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANT PROGRAM GRANT NUMBER: C25L0603
PURCHASE ORDER NUMBER:
NO AMENDMENT NO SUPPLIER ID PROJECT NO
C25L0603 0000012482 379065600200
AMOUNT FUND DESCRIPTION AGENCY BILLING CODE NO
ENCUMBERED BY Federal Trust Fund #0890 053706
THIS DOCUMENT
$55,663.02
REPORTING ITEM CHAPTER STATUTE FISCAL YEAR
STRUCTURE 3790-101-0890 04 25 2025/2637900706
BUSINESS UNIT ACCOUNT ALT ACCOUNT ACTIVITY CODE
3790 5432000 68917
Name of Project Representative: Aliana GonzalesPhone: (310)510-0220 ext.178Email: agonzaIescityofavaIon.gov Date: 09/23/2025 Contract If C25L0603. City of Avalon Harbor Department, Ooating Safety and Enforcement Page: 2 of 45 Equipment Grant - FY 2025 / 26
STATE OF CALIFORNIA
Department of Parks and Recreation, Division of Boating and Waterways P0 Box 942896 Floor 12
Sacramento, CA 94296
BOATING SAFETY AND ENFORCEMENT EQUIPMENT (BSEE)
FISCAL YEAR 2025/26
PROJECT REPRESENTATIVES
* Grantee representative information may only be changed by giving 30 days written notice to DBW.
Contract # C25L0603, City of Avalon Harbor Depailment, Boating Safety and Enforcement Equipment Grant - FY 2025/26
State Agency: Grantee (Agency Name):Division of Boating and Waterways City of Avalon Harbor Department Name: Johanna Naughton Grantee Representative*: Aliana Gonzales Title: Program Administrator Title: Administrative Analyst Address: Mailing Address:4940 Lang Ave., Dock H, Administration, Floor 12 410 Avalon Canyon Rd, P0 Box 1085 McClellan, CA 95652 Avalon, Ca 90704
Remit to Address:
Phone: (916) 902-8795 Phone: (310) 510-0220 x 178
Fax: Fax:
Email: Johanna.Naughtonparks.ca.gov Email: agonzales©cityofavalon.com Date: 09/23/2025 Page: 30145
EXHIBIT A
BOATING SAFETY
AND
ENFORCEMENT EQUIPMENT
GRANT AGREEMENT
City of Avalon Harbor Department
C25L0603
State of California
Department of Parks and Recreation
Division of Boating and Waterways
Contract ft C25L0603. City of Avalon Harbor Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
Date: 09/23/2025 Page: 4 of45
INDEX
DESCRIPTION PAGE
EXHIBIT A GRANT TERMS AND CONDITIONS
1. DEFINITIONS 6
2. GENERAL 6
3. PAYMENT PROVISIONS AND DISBURSEMENT OF GRANT 8
4.EQUIPMENT/PATROL BOAT OWNERSHIP 9
5. OPERATION AND MAINTENANCE OF EQUIPMENT/PATROL BOAT 9
6. TERMINATION OF GRANT AGREEMENT 97. REVERSION OF EQUIPMENT/PATROL BOAT TO DEPARTMENT 10
8. LIABILITY 10
9. WAIVER OF RIGHTS 11
10. REMEDIES NOT EXCLUSIVE 11
11. OPINIONS AND DETERMINATIONS 11
12. PROCUREMENT PROCEDURES 11
13. DISPOSITION OF EQUIPMENT/PATROL BOAT 12
14. DISPOSITION OF PROCEEDS FROM SALE OF EQUIPMENT INSTALLED AND PARTIALLY 1 FUNDED EQUIPMENT 2
15. FEDERAL TERMS, CONDITIONS AND REGULATIONS 12
16. COMPLIANCE WITH LAW, REGULATION AND POLICY 12
EXHIBITB GENERALTERMSANDCONDITIONS 16
EXHIBIT C CONTRACTOR CERTIFICATION CLAUSES 20
EXHIBIT D DOING BUSINESS WITH THE STATE OF CALIFORNIA 22 EXHIBIT E DARFUR CONTRACTING ACT 24
EXHIBIT F RECYCLED CONTENT CERTIFICATION 26
EXHIBIT G SCOPE OF WORK/BUDGET (APPLICATION) 27
Date: 09/23/2025 Contract # C25L0603, Ctty of Avalon Harbor Department, Boating Safety and Enforcement Page: 5 of 45 Equipment Grant - FY 2025/26
EXHIBIT A
GRANT TERMS AND CONDITIONS
DEFINITIONS
A. “DEPARTMENT: The Department of Parks and Recreation, Division of Boating and Waterways (DBW).
B. “EFFECTIVE DATE’: The date the GRANT AGREEMENT face page is signed by the DEPARTMENT’.
C. “EQUIPMENT”: Boating—specific equipment or other equipment used to implement or conduct boating safety and boating law enforcement activities.
D. “GRANT”: Funds provided by the DEPARTMENT, from the federal Recreational Boating Safety (RBS) Grant, to the GRANTEE to finance all or part of the PURCHASE COSTS for items that assist in meeting the purposes of the Boating Safety Equipment and Enforcement (BSEE) and RBS programs.
E. “GRANT AGREEMENT”: The contract to which these grant terms and conditions are attached.
F. “GRANT AGREEMENT TERM”: The timeframe for which the GRANTEE must comply with the obligations and responsibilities identified in this GRANT AGREEMENT.
G. “GRANT PERFORMANCE PERIOD”: The timeframe specified on the grant agreement face page which includes the agreement start date (effective date) and final date for purchasing and receiving equipment.
H. “GRANTEE: The person or entity identified as the Grantee on the face page of the Agreement.
“GRANTEE FUNDS: Any funds provided by the GRANTEE for the purchase or operation and maintenance of the EQUIPMENT/PATROL BOAT.
J. “PATROL BOAT: A DEPARTMENT approved, registered vessel purchased for use in boating safety and law enforcement activities.
K. “PURCHASE COSTS”: Those costs incurred by the GRANTEE in purchasing the EQUIPMENT/PATROL BOAT; such PURCHASE COSTS shall not include any operation or maintenance costs, nor any costs incurred prior to the EFFECTIVE DATE of this GRANT AGREEMENT, nor any indirect or overhead costs claimed by the GRANTEE.
2. GENERAL
A. The funding available in this GRANT shall not exceed the amount specified in this GRANT AGREEMENT and shall be used for the purchase of EQUIPMENT and/or PATROL BOAT for Boating Safety and Enforcement activities in accordance with allExhibits incorporated and referenced herein.
B. GRANT AGREEMENT TERM shall begin on the GRANT PERFORMANCE PERIOD start date and shall continue for the following lengths of time after granted items are received by the GRANTEE unless terminated in accordance with the terms and conditions of this GRANT AGREEMENT: fifteen [15] years for PATROL BOATS and allregistered vessels and seven (7) years for EQUIPMENT.
Date: 09)23/2025 Contract B C25L0603, City of Avaton Harbor Department, Boating Safety and Enforcement Page: 6 of 45 Equipment Grant - FY 2025 / 26
C. No amendment of the terms of this GRANT AGREEMENT shall be valid unless made in writing and signed by an authorized representative or designee of the DEPARTMENT and the GRANTEE.
D. No variation of the terms of this GRANT AGREEMENT shall be valid unless made in writing and signed by an authorized representative or designee of the DEPARTMENT.
E. Oral understandings are not binding on any of the parties.
F. EQUIPMENT/PATROL BOAT purchase shall be completed prior to the end of the PERFORMANCE PERIOD.
G. GRANTEE hereby certifies that the obligations created by this GRANT AGREEMENT do not violate the provisions of Sections 1090 to 1096 of the Government Code.
H. This GRANT AGREEMENT is not fully executed until signed by the DEPARTMENT.
Grantee may not make any purchases until GRANT AGREEMENT is fully executed and equipment specifications and cost estimates have been approved in writing by the DEPARTMENT.
GRANTEE hereby certifies that during the performance of this GRANT AGREEMENT, GRANTEE and any sub-grantees shall fully comply with State regulations regarding the implementation of Disabled Veteran business participation goals as set forth in Disabled Veteran Business Enterprise Participation Requirements, Recycling Certification and Contractor Certification Clauses.
J. GRANTEE shall continue with the responsibilities of this GRANT AGREEMENT during any dispute.
K. Failure by the GRANTEE to comply with the terms of any Department of Parks and Recreation grant agreement may jeopardize the grantee’s ability to be awarded funding in future grant opportunities offered by the Department of Parks and Recreation.
L. Subvention agencies: GRANTEES participating in the DEPARTMENT’S Subvention Financial Aid Program acknowledge and certify that failure to fully spend subvention funding in the prior fiscal year will negatively impact the DEPARTMENT’S consideration of future grant applications from your agency for up to three (3) years.
M. Annual Reports: Grantee shall submit an Annual Report beginning August 31st, 2026 and each and every year by August 31 for the term of this agreement (15 yearsfor registered vessels or 7 years for all other equipment). Reports shall include maintenance records, number of hours BSEE equipment is used, additional equipment or modifications of any equipment or patrol boats, any loss or damage to equipment or patrol boat and a summary of boating accident reports submitted during the reporting year. Failure to submit annual reports by the deadline may jeopardize future funding.
N. GRANTEE is required to participate in at least one (1) outreach event per year, such as Operation Dry Water, to conduct boating under the influence (BUI) checkpoints and educate boaters on the importance of boating sober. Grantee must identify what eventit has participated in in its annual report.
0. GRANTEE shall submit accident reports to DBW within 30 days of responding to a boating accident in waterbodies within GRANTEE’S area of responsibility. Failure to do so may jeopardize future DBW and Department funding for up to five (5) years in accordance with HNC 656(d)(2).
Date: 09/23/2025 Contract # C25L0603, City of Avaton Harbor Department, Boating Safety and Enforcement Page: 7 of 45 Equipment Grant - FY 2025 / 26
P. GRANTEE, representatives, agents or employees shall not act or represent themselves as officers, employees or agents of the DEPARTMENT in the performance of this GRANT AGREEMENT.
3. PAYMENT PROVISIONS AND DISBURSEMENT OF GRANT
A. Reimbursements must be requested on GRANTEE’S official agency letterhead and include:• Amount requested for reimbursement
• GRANT AGREEMENT number• Statement of acceptance of the vessel or equipment and certification of meeting DBW’s approved specifications
• Certification that you complied with all procurement procedures outlined this agreement;
• Name of payee and address where payment is to be sent • Location of performance (where the equipment will be used)• Signature of the person authorized in the resolution or minute order to execute the agreement
• Copies of brand name, description, make, model and serial number• Proof of payment for purchase including invoices showing cost and sales tax • For all motorized vessels: Department of Motor Vehicle (DMV) proof showing the DEPARTMENT as the legal owner and GRANTEE as the registered owner
• Certificate of Origin for all PATROL BOATS and trailers.
B. GRANTEE shall request grant reimbursements no later than 60 days from GRANT PERFORMANCE PERIOD end date by mailing one (1) complete reimbursement request package to:
For FedEX, UPS and other overnight mail:
Division of Boating and Waterways
Attn: BSEE Grant Manager4940 Lang Avenue Dock H
McClellan, CA 95652
For United States Post Office (USPS) mail:
Division of Boating and Waterways
Attn: BSEE Grant Manager
P.O. Box 942896, Administration, Floor 12
Sacramento, CA 94296
Or by emailing to the DBW assigned grant manager.
C. No funds shall be reimbursed for purchases made prior to the EFFECTIVE DATE of this agreement.
D. The DEPARTMENT shall have no obligation to disburse the GRANT unless and until the GRANTEE obtains the prior written approval by the DEPARTMENT of the type andcost of the EQUIPMENT/PATROL BOAT.
E. The DEPARTMENT will disperse the grant to the GRANTEE in arrears for the approved PURCHASE COST of the EQUIPMENT/PATROL BOAT
F. The DEPARTMENT may withhold any grant disbursement if the GRANTEE fails to comply with any of the provisions of this GRANT AGREEMENT.
Date: 09/23/2025 contract # C25L0603, City of Avalon Harbor Department, Boating Safety and Enforcement Page: 8 0145 Equipment Grant - FY 2025/26
4. EQUIPMENT/PATROL BOAT OWNERSHIP
The DEPARTMENT shall be the legal owner of the EQUIPMENT/PATROL BOAT. The GRANTEE shall be the registered owner of PATROL BOAT or any other registered vessels purchased with GRANT FUNDS. The GRANTEE shall not assign, mortgage, hypothecate or transfer its interest in the EQUIPMENT/PATROL BOAT without the prior written approval of the DEPARTMENT.
5. OPERATION AND MAINTENANCE OF EQUIPMENT/PATROL BOAT
A. The GRANTEE shall use the EQUIPMENT/PATROL BOAT for the purpose of promoting recreational boating safety and boating law enforcement and shall keep the EQUIPMENT/PATROL BOAT available for search and rescue operations and other projects or programs supported by the federal government provided that such use will not interfere with the program for which it was acquired (CFR 20031 3.c.2) B. The GRANTEE shall be responsible for the costs of operating and maintaining the PATROL BOAT/EQUIPMENT for the GRANT AGREEMENT TERM; the DEPARTMENT shall not be liable for such costs.
C. The GRANTEE shall maintain the EQUIPMENT/PATROL BOAT in good repair according to all manufacturer recommendations and shall make all repairs necessary to keep EQUIPMENT/PATROL BOAT functioning through the term of the GRANT AG RE EM ENT.
D. The GRANTEE, at its own expense, shall repair or replace the EQUIPMENT/PATROL BOAT if it is damaged, destroyed or rendered useless prior to the end of the GRANT AGREEMENT TERM.
E. GRANTEE shall submit maintenance records to the DEPARTMENT with each annual report.
F. The GRANTEE shall seek DEPARTMENT approval for the purchase and installation of additional equipment or modifications to any registered vessel purchased with grant funds. Complete and accurate records of all such modifications shall be reported to the DEPARTMENT in the GRANTEE’S annual report and made available to the DEPARTMENT or authorized representative for inspection upon request.
G. Each GRANTEE shall report to the DEPARTMENT loss or damage to any equipment purchased with grant funds within 30 days of occurrence.
H. Each GRANTEE shall ensure that any PATROL BOAT/EQUIPMENT purchased with grant funds is operated solely by qualified Boating Safety and Boating Law Enforcement Officers. Operators must fully comply with GRANTEE’S documented training and certification requirements to be deemed qualified, which shall include, at a minimum, receipt of a California Boater Card.
I. GRANTEE shall obtain prior DBW approval before submitting requests for modification or survey of a grant-funded PATROL BOAT/EQUIPMENT to California Department of General Services (DGS).
6. TERMINATION OF GRANT AGREEMENT
A. Either DEPARTMENT or GRANTEE may unilaterally terminate this GRANT AGREEMENT if a material breach of the GRANT AGREEMENT is made by the other; such termination shall become effective NINETY [901 DAYS following the date of receipt by either the DEPARTMENT or the GRANTEE of a written notice of termination from the party initiating the termination.
B. The GRANTEE may terminate this GRANT AGREEMENT if the GRANTEE becomes financially or legally unable to comply with the terms and conditions of this GRANT Date: 09/23/2025 Contract It C25L0603, City of Avalon Harbor Department, Boating Safety and Enforcement Page: 9 0145 Equipment Grant - FY 2025/26
AGREEMENT; such termination shall become effective NINETY [901 DAYS following receipt by the DEPARTMENT of a written notice of termination from the GRANTEE.
C. The DEPARTMENT may terminate this GRANT AGREEMENT immediately and be relieved of any payments should the legislative body of the GRANTEE fail to appropriate GRANTEE FUNDS for purchase costs, if required, or if the GRANTEE fails to perform the requirements of this Agreement at the time and in the manner herein provided; such termination to become effective upon receipt by the GRANTEE of a written termination notice from the DEPARTMENT.
D. The DEPARTMENT has the option to void the GRANT AGREEMENT with 30 days’ notice in the event grant funds are not appropriated or amend the GRANT AGREEMENT to reflect any unexpected reduction of grant funds.
7. REVERSION OF EQUIPMENT/PATROL BOAT TO DEPARTMENT
If EQUIPMENT/PATROL BOAT is no longer needed or this GRANT AGREEMENT is terminated prior to the expiration of the term of the GRANT AGREEMENT:
A. The GRANTEE shall deliver, at no cost to the State, the fully functioning EQUIPMENT/PATROL BOAT to the DEPARTMENT for reassignment and shall execute any document(s) necessary to effect appropriate changes in pertinent publicrecords; the reversion of registered title is hereby declared to be in addition to, and notin lieu of, any other remedies for breach of this GRANT AGREEMENT which may beavailable to the DEPARTMENT.
B. The GRANTEE shall be prohibited from receiving DEPARTMENT BSEE Grants for a period of three (3) years if EQUIPMENT/PATROL BOAT is not fully functional at time of termination.
8. LIABILITY
A. The GRANTEE waives all claims and recourse against the DEPARTMENT, including the right to contribution for any loss or damage arising from, growing out of or in anyway connected with or incident to this GRANT AGREEMENT.
B. GRANTEE agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm orcorporation furnishing or supplying work services, materials, or supplies in connection with the performance of this GRANT AGREEMENT, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by GRANTEE in the performance of this Agreement. GRANTEE warrants,represents and agrees that it and its subgrantees, subcontractors, employees and representatives shall at all times comply with all applicable State contracting laws,codes, rules and regulations in the performance of this GRANT AGREEMENT.
C. If the DEPARTMENT is named as a co-defendant, the GRANTEE shall notify the DEPARTMENT and represent it unless the DEPARTMENT elects to represent itself. If the DEPARTMENT undertakes its own defense, it shall bear its own litigation costs,expenses and attorney’s fees.
D. Insurance Coverage Requirements
(1) Vessel Insurance: GRANTEE shall maintain the necessary insurance for the full replacement value of vessels and equipment purchased with GRANT including fire, collision or sinking and all costs associated with removal and demolition. (2) Watercraft Liability: GRANTEE shall maintain watercraft liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out Date: 09/23/2025 Contract # C25L0603, City of Avalon Harbor Department. Boating Safety and Enforcement Page: 10 of 45 Equipment Grant - FY 2025/26
of the maintenance and use of watercraft.
(3) The policy must include:
“The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to vessels and equipment purchased with this grant.”
9. WAIVER OF RIGHTS
It is the intention of the parties hereto that from time to time either party may waive certain of its rights under this GRANT AGREEMENT. Any waiver at this time by either party hereto of its rights with respect to a default or any other matter arising in connection with this GRANT AGREEMENT shall not be deemed to be a waiver with respect to any other default or matter.
10. REMEDIES NOT EXCLUSIVE
The use by either the DEPARTMENT or GRANTEE of any remedy specified in this GRANT AGREEMENT for the enforcement of this GRANT AGREEMENT is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.
11. OPINIONS AND DETERMINATIONS
Where the terms of GRANT AGREEMENT provide for action to be based upon the opinion, judgment, approval, review, or determination of either the DEPARTMENT or GRANTEE, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.
12. PROCUREMENT PROCEDURES
A. The GRANTEE must use procurement procedures that reflect applicable State and local public procurement laws and regulations, provided that the procedures conform to applicable Federal law and the standards identified in 2 CFR §200.318.
There shall be no changes, corrections, modifications or exceptions to DEPARTMENT approved specifications without advance written approval by the DEPARTMENT. Procurement procedures used by the GRANTEE must conformto State law and regulations regarding Disabled Veteran Business Enterprise Participation Requirements, Recycling Certification, AND CONTRACTORS CERTIFICATION CLAUSES. The GRANTEE is responsible, in its sole discretion, for the review of all bids for compliance.
B. Procurement for boats and other registered vessels must be conducted using Invitation for Bid and must adhere to the specific procurement standards identified by GRANTEE’S governing board regarding advertising, adequate purchase descriptions,sealed bids, and public openings.
C. EQUIPMENT AND ELECTRONICS PROCUREMENT PROCEDURES:
Grantee must obtain at least three (3) bids or rate quotations from qualified sources for each item that has a unit cost of $1 0,000 or more. The bids may be obtained over the phone but must be verified with written documentation from the vendor, and must include the make, model, size, name of vendor, date, and cost of item.
D. DEPARTMENT REVIEW
(1) GRANTEE must submit to the DEPARTMENT proposed technical specifications of PATROL BOATS and other registered vessels for reviewand approval prior to solicitation of bids. (2) Grantees and sub-grantees must make available on request to the DEPARTMENT procurement documents, such as requests for proposals or Date: 09/23/2025 Contract # C25L0603, City of Avalon Harbor Department, Boating Safety and Enforcement Page: 11 of 45 Equipment Grant - FY 2025 / 26
invitations for bids, independent cost estimates, etc. and must retain such documents for four years after equipment acquisition for auditing purposes.
13. DISPOSITION OF EQUIPMENTIPATROL BOAT
In accordance with 2 CFR 200.313 e.1 and 2, upon completion of the GRANT AGREEMENT TERM, GRANTEE must continue to use EQUIPMENT/PATROL BOAT as long as needed. If EQUIPMENT/PATROL BOAT is no longer needed, GRANTEE must receive approval from the DEPARTMENT. GRANTEE must deliver EQUIPMENT/PATROL BOAT to the California Department of General Services (DGS), Office of Fleet and Asset Management (OFAM) for sale at auction. DGS must complete an OFAM6 Form. Once DGS has completed the OFAM6, GRANTEE will submit the OFAM6 to the DEPARTMENT with an official letter requesting to surrender the vessel. The DEPARTMENT will provide the GRANTEE with an OFAM27 form and instructions for delivering the EQUIPMENT/PATROL BOAT to auction via email. GRANTEE will deliver the EQUIPMENT/PATROL BOAT and OFAM27 to the auction as instructed by the DEPARTMENT. GRANTEE shall have the OFAM27 signed at the auction and shall return the signed OFAM27 to the DEPARTMENT.
14. DISPOSITION OF PROCEEDS FROM SALE OF EQUIPMENT INSTALLED AND
PARTIALLY FUNDED EQUIPMENT
If the GRANTEE has contributed funding in excess of the GRANT to the PURCHASE COSTS of the EQUIPMENT/PATROL BOAT, and in the event of a sale of the EQUIPMENT/PATROL BOAT after the expiration or termination of this GRANT AGREEMENT or the reversion of the EQUIPMENT/PATROL BOAT to the DEPARTMENT, then the proceeds of the EQUIPMENT/PATROL BOAT sale shall be distributed between the DEPARTMENT and the GRANTEE in proportion to their respective contributions of the PURCHASE COSTS, e.g.: if the PURCHASE COSTS totaled $100,000 and the GRANT contribution amounts to $60,000, then the DEPARTMENT would receive 60 percent of the EQUIPMENT/PATROL BOAT sale proceeds and the GRANTEE would receive 40 percent.
15. FEDERAL TERMS, CONDITIONS AND REGULATIONS
This GRANT is funded by the Federal Recreational Boating Safety (RBS) Grant and as such, GRANTEE shall comply with all the governing regulations, namely 2 CFR 200 - the most applicable of which have been included here for reference. For clarity, “Non-federal entity” shall be understood to be “DEPARTMENT” and “Award” shall be understood to be “GRANT”.
GRANTEES are subject and must adhere to the provisions set forth in the 2020 DHS Standard Terms and Conditions which are available online at:
https://www.dhs.gov/sites/default/files/publications/fy2O dhs standard terms and condition sv10.1_dated12-31-2019.pdf and made a part of this agreement by reference.
GRANTEES are subject to and must adhere to the regulations set forth in the 2 CFR 200 available online at: https://www.govinfo.gov/content/pkg/CFR-201 4-title2-voll /pdf/CFR-201 4- title2-voIl-part200.pdf and made a part of this agreement by reference.
16. COMPLIANCE WITH LAW, REGULATION AND POLICY
It is understood and agreed that the Grantee shall comply with all applicable laws and regulations of the State of California, U.S. Coast Guard Code of Federal Regulations: 2 CFR identified in section § 200.318 General Procurement standards through 200.326 Contract provisions, 50 CFR 80 and 50 CFR 85, Equal Opportunity (41 CFR 60-1.4(b)), Davis-Bacon Act, as amended (40 U.S.C. 3141-3148), Copeland “Anti-Kickback” Act (40 U.S.C. 3145), Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements” (37 CFR Part 401), Clean Air Act (42 U.S.C. 7401- Date: 09/2312025 Contract i C25L0603, City of Avalon Harbor Department, Boating Safety and Enforcement Page: 12 of 45 Equipment Grant - FY 20251 26 7671q.), and the Federal Water Pollution Control Act as amended (33 U. S.C. 1251-1387), Debarment and Suspension (Executive Orders 12549 and 12689), Byrd Anti-Lobbying amendment (31 U.S.C. 1352) and all policies of DBW.
A. MANDATORY DISCLOSURES
The non-Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in §200.338 remedies for noncompliance, including suspension or debarment. (See also 2 CFR part 180 and 31 U.S.C. 3321).
B. ENHANCEMENT OF RECIPIENT AND SUBRECIPIENT EMPLOYEE
WHISTLEBLOWER PROTECTIONThis award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and relatedcontracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies established at 41 USC 4712.
Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees inwriting, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 USC 4712.
The recipient shall insert this clause, including this paragraph, in all subawards and incontracts over the simplified acquisition threshold related to this award.
C. EQUAL OPPORTUNITY CLAUSE
During the performance of this grant, the grantee agrees to sections i-vu below:
The grantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, genderidentity, or national origin. The grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexualorientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the granting officer setting forth the provisions of this nondiscrimination clause. ii. The grantee will, in all solicitations or advertisements for employees placed by or on behalf of the grantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The grantee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency granting officer, advising the labor union or workers’ representative of the grantee’scommitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to Date: 09/23/2025 Contract # C25L0603. City of Avalon Harbor Department, Boating Safety and Enforcement Page: 13 of 45 Equipment Grant - FY 2025 / 26
employees and applicants for employment.
iv. The grantee will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of theSecretary of Labor. v. The grantee will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the granting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vi. In the event of the grantee’s non-compliance with the nondiscrimination clauses of this grant or with any of such rules, regulations, or orders, this grant may be canceled, terminated or suspended in whole or in part and thegrantee may be declared ineligible for further Government grants inaccordance with procedures authorized in Executive Order 11246 ofSeptember 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
vii. The grantee will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, ororders of the Secretary of Labor issued pursuant to section 204 of ExecutiveOrder 11246 of September 24, 1965, so that such provisions will be bindingupon each subcontractor or vendor. The grantee will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event thegrantee becomes involved in, or is threatened with, litigation with asubcontractor or vendor as a result of such direction, the grantee may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the grant.The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securingcompliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federallyassisted construction grants or contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed Date: 09/23/2025 Contract # C25L0603, City of Avalon Harbor Department. Boating Safety and Enforcement Page: 14 of 45 Equipment Grant - FY 2025/26
upon grantees and contractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts.
Incorporation by reference. The equal opportunity clause may beincorporated by reference in all Government contracts and subcontracts,including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S.savings bonds and notes, and such other contracts and subcontracts as the Deputy Assistant Secretary may designate.
II. Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written.Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings.
Date: 09/23/2025 contract if C25L0603. City of Avalon Harbor Department, Boating Safety and Enforcement Page: 15 of 45 Equipment Grant - FY 2025 / 26
EXHIBIT B
General Terms and Conditions (GTC 04/201 7)
APPROVAL:
This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor /GRANTEE may not commence performance until such approval has been obtained.
2. AMENDMENT:
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT:
This Agreement is not assignable by the Contractor/GRANTEE, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT:
Contractor/GRANTEE agrees that the awarding department, the Department of GeneralServices, the Bureau of State Audits, or their designated representative shall have the right toreview and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor/GRANTEE agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor//GRANTEE agrees to allow the auditor(s) access to suchrecords during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor/GRANTEE agrees toinclude a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION:
Contractor/GRANTEE agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all GRANTEES, contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor/GRANTEE inthe performance of this Agreement.
6. DISPUTES:
Contractor/GRANTEE shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE:
The State may terminate this Agreement and be relieved of any payments should the Contractor/GRANTEE fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor/GRANTEE under this Agreement and the balance, if any, shall be paid to the Contractor/GRANTEE upon demand.
8. INDEPENDENT CONTRACTOR:
Contractor/GRANTEE, and the agents and employees of Contractor/GRANTEE, in theperformance of this Agreement, shall act in an independent capacity and not as officers or Date: 09/23/2025 Contract # C25L0603, City of Avalon Harbor Department, Boating Safety and Enforcement Page: 16 of 45 Equipment Grant - FY 2025 / 26
employees or agents of the State.
9. RECYCLING CERTIFICATION:
The Contractor/GRANTEE shall certify in writing under penalty of perjury, the minimum, if notexact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE:
During the performance of this Agreement, Contractor/GRANTEE and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color,national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against anyemployee or applicant for employment because of race, religious creed, color, national origin,ancestry, physical disability, mental disability, medical condition, genetic information, maritalstatus, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor/GRANTEE shall insure that the evaluation and treatment ofemployees and applicants for employment are free of such discrimination.Contractor/GRANTEE and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.
Contractor/GRANTEE shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as saidDepartment or Agency shall require to ascertain compliance with this clause.
Contractor/GRANTEE and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor/GRANTEE shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES:
The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS:
Time is of the essence in this Agreement.
13. COMPENSATION:
The consideration to be paid Contractor/GRANTEE, as provided herein, shall be in compensation for all of Contractor’s/GRANTEE’S expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
Date: 09/23/2025 contract # C25L0603, city of Avalon Harbor Department, Boating Safety and Enforcement Page: 17 of 45 Equipment Grant - FY 2025 / 26
14. GOVERNING LAW:
This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS:
The Contractor/GRANTEE by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor/GRANTEE shall comply with the requirements of the Government Codes Sections set out below.a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) “Public purchase” means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) “Public purchasing body” means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods,materials, or services by the bidder for sale to the purchasing body pursuant to the bid.Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT:
For any Agreement in excess of $100,000, the contractor/GRANTEE acknowledges inaccordance with Public Contract Code 7110, that:
a. The contractor/GRANTEE recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor/GRANTEE, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
Date: 09/23/2025 Contract # C25L0603. City of Avalon Harbor Department. Boating Safety and Enforcement Equipment Grant - FY 2025/26
Page: 18 of 45
17. UNENFORCEABLE PROVISION:
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS:
If this Contract includes services in excess of $200,000, the Contractor/GRANTEE shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub.
Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor/GRANTEE made a commitment to achieve small business participation, then Contractor/GRANTEE must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage ofsmall business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor/GRANTEE made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor/GRANTEE must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor/GRANTEE received under the Contract; (2) the name and address of the DVBE(s) that participated in theperformance of the Contract; (3) the amount each DVBE received from the prime Contractor/GRANTEE; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be sublect to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
Date: 09/23/2025 Contract 4 C25L0603, City of Avalon Harbor Department. Boating Safety and Enforcement Page: 19 of 45 Equipment Grant - FY 2025 / 26
EXHIBIT C
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Grantee to the clause(s) listed below. This certification is made under thelaws of the State of California.
Grantee Agency Name (Printed) Federal ID Number
City of Avalon Harbor Department 95-6000669
By Authorized Signature:Printed Name and Title of Person Signing, David M. Maistros, City Manager Date Executed Executed in the County of
Los Angeles
GRANTEE CERTIFICATION CLAUSES
STATEMENT OF COMPLIANCE:Grantee has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS:
18.10 Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifyingactions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person’s or organization’s policy of maintaining a drug-free workplace;3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company’s drug-free workplace policy statement; and, 2) agree to abide by the terms of the company’s statement as a condition of employment on the Agreement.
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:
Grantee certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Grantee within the immediately preceding two-year period because of Grantee’s failure to comply with an order of a Federal court, which ordersGrantee to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:
Grantee hereby certifies that Grantee will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Grantee agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the agreement equal to the lessor of 30 multiplied by the Date: 09/23/2025 Contract if C25L0603. City of Avalon Harbor Department. Boating Safety and Enforcement Page: 20 of 45 Equipment Grant - FY 2025 / 26
number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its agreement with the State.
Failure to make a good faith effort may be cause for non-renewal of a state agreement for legal services, and may be taken into account when determining the award of future contracts/agreements with the State for legal services.
5. EXPATRIATE CORPORATIONS:
18.40 Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Grantees contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies,other than procurement related to a public works contract, declare under penalty ofperjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor,indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor,convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at wwwdir.ca.gov, and Public Contract Code Section 6108.
b. The Grantee agrees to cooperate fully in providing reasonable access to the Grantee’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations,or the Department of Justice to determine the Grantee’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS:
For contracts over $100,000 executed or amended after January 1, 2007, the Grantee certifies that Grantee is in compliance with Public Contract Code section 10295.3.
Date: 09/23)2025 Contract # C25L0603. City of Avalon Harbor Department. Boating Safety and Enforcement Page: 21 0145 Equipment Grant - FY 2025/26
EXHIBIT D
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST:
Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services orinvolved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (PCC 10410):
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity orenterprise is required as a condition of regular state employment. 2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements orany part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-makingposition in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (PCC 10420).
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the boardor commission, payment for preparatory time and payment for per diem. (PCC 10430 (e)).
2. LABOR CODE/WORKERS’ COMPENSATION:
Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance withthe provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700).
3. AMERICANS WITH DISABILITIES ACT:
Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. GRANTEE NAME CHANGE:
An amendment is required to change the Grantee’s name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.Payment of invoices presented with a new name cannot be paid prior to approval of said Date: 09/23/2025 Contract ft C25L0603, City of Avalon Harbor Department, Boating Safety and Enforcement Page: 22 of 45 Equipment Grant - FY 2025 / 26
amendment. Any changes of the Grantee’s representative shall be notified to DBW within 30 days written notice on Grantee’s letterhead.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the Grantee is currently qualified to do business inCalifornia in order to ensure that all obligations due to the state are fulfilled. b. “Doing business” is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate Grantee performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California.
Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION:
A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION:
Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution controldistrict; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to airor water pollution.
8. PAYEE DATA RECORD FORM STD. 204:
This form must be completed by all Grantees that are not another state agency or othergovernmental entity.
Date: 09/23/2025 Contract # C25L0603, City of Avalon Harbor Department, Boating Safety and Enforcement Page: 23 of 45 Equipment Grant - FY 2025 / 26
EXHIBIT E — DARFUR CONTRACTING ACT
If your agency hires a contractor to complete work under this grant, the contractor must fill out and sign the Darfur Contracting Act form prior to execution of the contract. A Sample of The DarfurContracting Act form is provided on the next page; this form (DGS PD 1) can also be downloaded from the California Department of General Services website.
Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public ContractCode sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with“scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 10475.
A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for acontract with a State agency for goods or services. (Public Contract Code section 10477(a)).
Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or withinthe previous three years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency. (See # 1 on the sample Attachment).
The following sample Attachment may be included in an IFB or RFP to satisfy the Act’s certification requirements of bidders and proposers.
Date: 09/23/2025 Contract # C25L0603, City of Avalon Harbor Department, Boating Safety and Enforcement Page: 24 of 45 Equipment Grant - FY 2025/26
Exhibit E - DARFUR CONTRACTING ACT
SAMPLE FORM
Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States.For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; orb) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.
If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form.
OPTION #1 - CERTIFICATION
If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.
CompanyNendor Name (Printed) Federal ID Number
City of Avalon Harbor Department 95-6000669
By (Authorized Signature) Date
Printed Name and Title of Person Signing
David M. Maistros, City Manager
OPTION #2 - WRITTEN PERMISSION FROM DGS
Pursuant to Public Contract Code Section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.
We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS isincluded with our bid or proposal.
CompanyNertdor Name (Printed) Federal ID Number
City of Avalon Harbor Department 95-6000669
By (Authorized Signature) Date
Printed Name and Title of Person Signing
David M. Maistros, City Manager
Date 09/23/2025 Contract # C25L0603. city of Avalon Harbor Department, Boating Safety and Enforcement Page: 25 of 45 Equipment Grant - FY 2025/26
EXHIBIT F
SUGGESTED LANGUAGE FOR RECYCLING CERTIFICATION
State law requires that state contracts shall have Recycling Certification in writing under penalty of perjury, the minimum, if not exact, percentage of recycled content, both post-consumer waste and secondary waste as defined in the Public Contract Code, Sections 12161 and 12200, in materials,goods, or supplies offered or products used in the performance of this Agreement, regardless of whether the product meets the required recycled product percentage as defined in the Public Contract Code, Sections 12161 and 12200. Contractor may certify that the product contains zero recycled content. (FCC 10233, 10308.5, 10354)
RECYCLED CONTENT CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
Name and Title of Person Signing Date Executed
David M. Maistros
Authorized Signature Executed in the County of
Los Angeles
Title Telephone Number
City Manager (310)510-0220 ext. 122
Legal Business Name Federal ID Number
City of Avalon Harbor Department 95-6000669
The Contractor hereby certifies under penalty of perjury, that the percent of the materials, goods,supplies offered, or products used in the performance of this contract meets the or exceeds the minimum percentage of recycled material as defined in Sections 12161 and 12200 of the Public Contract Code. The Contractor may certify that the product contains zero recycled content.
Date: 09/23/2025 Contract # C25L0603. Cify of Avalon Harbor Department, Boating Safety and Enforcement Page: 26 of 45 Equipment Grant - FY 2025/26
Exhibit G -BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION General
Applicant Information
a. Applicant Name City of Avalon Harbor Department
b. Organizational Unit
c. Address 410 Avalon Canyon Rdd. Address 2 P0 Box 707e. City Avalon State Ca Zip 90704 f. Federal ID Number 95-6000669 Unique Entity Id. K5B2GT155AB g. Agency Type
( City r County
t State Agency District( Other Public Agency
2 Project Information
a. Project Name Boating Safety and Enforcement Equipment Grant - FY 2025 I 26b. Is implementing agency same as Applicant ‘ Yes ( No c. Implementing Agency Named. Project Start Date Oct-01-2025 End Date Sep-30-2033 e. Amount of Funds Requested $55,663.02 Project Cost $55,663.02 Gate: 09/23/2025 Contract # C25Lo6o3, City of Avalon Harbor Department, Boating Safety and Enforcement Page: 27 of 45 Equipment Grant - FY 2025 / 26 Exhibit G -BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION 3 Contacts
a. Project Administrator
Name Aliana Gonzales
Title Administrative Analyst
Mailing Address P.O. Box 707
City Avalon State CA Zip 90704
Telephone (310) 510-0220 - 178 Fax
E-mail Address [email protected]
Date: 09/23/2025 Contract # C25L0603, City of Avalon Harbor Department. Boating Safety and Enforcement Page: 28 of 45 Equipment Grant - FY 2025 / 26
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION
1. Minimum Qualifications
This is a federal pass-through ‘Recreational Boating Safety Grant’. Priority for this grant are for the promotion of recreational boating safety and to decrease the number of accidents, injuries, and fatalities on U.S. waters.Funding priorities for the Boating Safety and Enforcement Equipment Grant are for equipment that assists grantees in the following activities, in this order of priority:
1. Promoting recreational boating safety.
2. Enforcement of recreational boating safety laws3. Search and rescue activities for recreational boaters. 4 Recovery of evidence for recreational boating accidents, injuries, and fatalities.
NOTE: Patrol and safety activities for swimmers, vehicle recovery, homeland security activities, and recovery of drowned bodies are not funding priorities under this federal grant.
Attach a Letter of Intent as required by Title 14, Section 6594.5. A template letter is 458210_668_Letter of Itent bLZIZ tgned.pdf in the ‘Show Documents area. — As a subgrantee for this federal grant award, your agency must be registered in the Federal System of Award Management (https://www.sam.gov/SAM/pages/public/searchRecords/search .jsf) Your agency’s registration must be current in that system at the time you submit your application.
Attach a screenshot showing your registration is active. (A sample screenshot is 45823_0_484_SAM Verification 032/2U25.p available in the Show Documents area) dt — The statements below refer . and confirm the City of Avalon Harbor Department to following:
1 a. Does your agency have an active Boating Safety and/or Boating Law Enforcement ; Yes r No Patrol?
1 b. What training and/or authorization does your Harbor Patrol Officer I -POST. PC832 Arrest and control agency have to perform boating safety and/or credential (4Ohr), CG Merchant Mariner Credential (towing boating law enforcement in your jurisdiction? endorsement), Profession Rescuer Certificate (CPR/AED and (max. 1024 characters) First Aid), Basic Boating and Safety Certificate, Rescue Boat Operations Certificate, Boating Under the Influence Certificate, Marine Firefighting Certificate, Boating Accident Investigation Certificate.
Harbor Patrol Officer II - All qualifications listed above, plus Emergency Medical Technician Certificate (EMT)
1 c. If awarded this grant, I hereby certify that the agency identified above will report all t’ Yes C’ No boating accident statistics as required in Section 656 of Harbors and Navigation Code for the grant term if awarded this grant? An agency’s failure to submit a report may result in ineligibility of future DBW funding opportunities for up to five fiscal years.
1 d. By checking the boxes below, I certify that that the agency identified above meets all the following criteria:
Your agency employs at least one boating safety law enforcement officer defined in California Code of Regulations, Title 14, Division 4, Chapter 1, Article 4.5.2 as trained personnel authorized and retained to perform on-the-water boating safety and boating law enforcement activities.
Your agency’s boating safety law enforcement officer(s) conducts sufficient patrol and has the jurisdiction and authority to ensure adequate enforcement, including arrest authority of all applicable state boating safety laws and regulations.
Date: 09/23/2025 contract # c25Lo6o3, city of Avaion Harbor Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
Page: 29 of 45
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION Your agency has the knowledge and means to properly report boating accidents to DBW.
If you cannot certify that your agency meets ALL of the above criteria, certify by checking the box below and filling out the remainder of Id.
F Your agency has a memorandum of understanding (MOU) with a law enforcement agency that has all of the above authorities and conducts all of these activities Identify the law enforcement agency:
Attach the MOU
1 e. Has your agency been out of compliance with the terms of any other Department of C Yes No Parks and Recreation contract or agreement in the past 3 years?If you responded Yes’ to 1 e, please provide an explanation
Date: 09/23/2025 contract # C25L0603, city of Avalon Harbor Department, Boating Safety and Enforcement Page: 30 0145 Equipment Grant - FY 2025/26
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION
1. California State Senate Districts
F State Senate 03F State Senate 08F State Senate 13F State Senate 18F State Senate 23 F State Senate 28‘ State Senate 33F State Senate 38
F State Senate 04F State Senate 09F State Senate 14
F State Senate 19F State Senate 24F State Senate 29F State Senate 34F State Senate 39 F State Senate 05F State Senate 10
F State Senate 15F State Senate 20F State Senate 25F State Senate 30 F State Senate 35F State Senate 40
F State Assembly 01F State Assembly 05F State Assembly 09F State Assembly 13F State Assembly 17F State Assembly 21 F State Assembly 25F State Assembly 29F State Assembly 33 F State Assembly 37
F State Assembly 41
F State Assembly 45
F State Assembly 49
F State Assembly 53F State Assembly 57F State Assembly 61F State Assembly 65 State Assembly 69
F State Assembly 73F State Assembly 77
F State Assembly 02F State Assembly 06
F State Assembly 10F State Assembly 14F State Assembly 18F State Assembly 22 F State Assembly 26
F State Assembly 30
F State Assembly 34F State Assembly 38F State Assembly 42F State Assembly 46F State Assembly 50F State Assembly 54 F State Assembly 58
F State Assembly 62F State Assembly 66
F State Assembly 70F State Assembly 74F State Assembly 78 F State Assembly 03F State Assembly 07F State Assembly 11F State Assembly 15F State Assembly 19F State Assembly 23 F State Assembly 27F State Assembly 31F State Assembly 35F State Assembly 39F State Assembly 43F State Assembly 47F State Assembly 51F State Assembly 55F State Assembly 59F State Assembly 63F State Assembly 67 State Assembly 71
F State Assembly 75F State Assembly 79
F State Assembly 04F State Assembly 08F State Assembly 12F State Assembly 16F State Assembly 20 F State Assembly 24F State Assembly 28F State Assembly 32F State Assembly 36F State Assembly 40F State Assembly 44F State Assembly 48F State Assembly 52F State Assembly 56F State Assembly 60F State Assembly 64F State Assembly 68 F State Assembly 72F State Assembly 76
F State Assembly 80
3. California Congressional Districts
Select one or more of the California Congressional Districts where the proposed project activities will occur.
Copy and Paste the URL (https://www.govtrack.us/congress/members/CA) in your browser to determine theCongressional district(s).
F Congressional District 1 F Congressional District 2 F Congressional District 3 F Congressional District 4 F Congressional District 5 F Congressional District 6 contract # c25L06o3, city of Avalon Harbor Department. Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
Select one or more of the California State Senate Districts where the proposed project activities will occur. Copyand Paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.html) in your browser to determine the State Senate district(s).
F State Senate 01 F State Senate 02F State Senate 06 F State Senate 07 F State Senate 11 F State Senate 12
F State Senate 16 F State Senate 17F State Senate 21 F State Senate 22F State Senate 26 F State Senate 27F State Senate 31 F State Senate 32F State Senate 36 F State Senate 37
2. California State Assembly Districts
Select one or more of the California State Assembly Districts where the proposed project activities will occur.Copy and Paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.html) in yourbrowser to determine the State Assembly district(s).
Date: 09/23/2025 Page: 31 of 45
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION F Congressional District 7
F Congressional District 10F Congressional District 13
F Congressional District 16
F Congressional District 19
F Congressional District 22F Congressional District 25F Congressional District 28 Congressional District 31
r Congressional District 34F Congressional District 37
F Congressional District 40F Congressional District 43
F Congressional District 46F Congressional District 49F Congressional District 52 F Congressional District 8
F Congressional District 11F Congressional District 14
F Congressional District 17F Congressional District 20
F Congressional District 23r Congressional District 26
F Congressional District 29F Congressional District 32F Congressional District 35F Congressional District 38F Congressional District 41 F Congressional District 44F Congressional District 47F Congressional District 50F Congressional District 53 F Congressional District 9
F Congressional District 12F Congressional District 15F Congressional District 18F Congressional District 21 F Congressional District 24
F Congressional District 27
F Congressional District 30F Congressional District 33F Congressional District 36F Congressional District 39 Congressional District 42
F Congressional District 45F Congressional District 48F Congressional District 51
4. County
contract ft C25L0603, city of Avalon Harbor Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
Select one or more of the California Counties where the proposed project activities will occur.
F Alameda F Alpine F Amador F Butte F Calaveras F Colusa F Contra Costa F Del Norte F El Dorado F Fresno F Glenn F HumboldtF Imperial F lnyo F Kern F Kings F Lake F Lassen Los Angeles F Madera F Mann F Mariposa F Mendocino F Merced F Modoc F Mono F Monterey F Napa F Nevada F Orange
F Placer F Plumas F Riverside F Sacramento F San Benito F San Bernardino
F San Diego F San Francisco F San Joaquin F San Luis F San Mateo F Santa Barbara Obispo
F Santa Clara F Santa Cruz F Shasta F Sierra F Siskiyou F SolanoF Sonoma F Stanislaus F Sutter F Tehama F Trinity F TulareF Tuolumne F Ventura F Yolo F Yuba Date: 09/23/2025 Page: 32 of 45
Exhibit G -BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION
2. Citation Authority
2 a. Number of Full-Time Boating Safety and/or Boating Law Enforcement Officers do you have? A Boating Safety Law Enforcement Officer is defined in California Codeof Regulations, Title 14, Division 4, Chapter 1, Article 4.5.2 as trained personnelauthorized and retained to perform on-the-water boating safety and boating lawenforcement activities. 2 b. Number of Part-Time Boating Safety and/or Boating Law Enforcement Officers (as 12 defined in 2 a) do you have?
How many hours per year do they conduct on-the-water patrol and boating 8,736 safety activities?
Is this work seasonal or continuous? Continuous
3. Does your boating safety and enforcement unit have citation authority? Yes r No If YES, Authorizing Code #
a. How many boating safety related citations did your agency issue last calendar year?
b. How many boating accidents did your agency respond to in the last calendar year?
c. How many BOATING safety related Search and Rescue missions did your agency perform in the last calendar year?
d. How many boating drowning recovery missions did your agency perform last year?
830.33(b)
4 21
40 4. Does your boating safety and enforcement unit have arrest authority? If YES, Authorizing Code #How many boating related arrests did you conduct last calendar year? ( Yes ç No
s. How many outreach events with the general public did your agency participate in to promote boating safety education last calendar year? Please list the events and describe how boating safety was promoted.
5a.
2 What BOATING SAFETY information was
Event Name Date of Event provided at this event?
La Quinta High School Public Service 04/17/2025 Boating safety presentation.
AcademyAvalon High School 04/30/2025 Boating safety presentation. contract # c25Lo6o3, city of Avalon Harbor Department. Boating Safety and Enforcement Equipment Grant - FY 2025/26
11 Date: 09/23/2025 Page: 33 of 45
Exhibit G - BOATING SAFETY AND ENFORCEMENT EOUIPMENT GRANTEE APPLICATION
6. Jurisdiction Table
List all waterbodies that are in your jurisdiction and fill in the below chart for each Contract ft C25L0653. City of Analon Harbor Department, Boating Safety and Enforcement Equipment Grant - ry 202st 26
Now many
hours/year Is there
List all boating activities (e.g. is this shared
fishing, water skiing, paddling, waterbody jurisdiction etc.( conducted on this patrolled by on this If shared jurisdiction, list other Waterbody Size (area( waterbody. your agency waterbody? agency(s( San Pedro Chanel 100 sq. mi Powerboaling, ocean racing, 8,736 Yes Coast Guard, LASD sailing, fishing, walersporis, DiceBoats, PWC, paddle cratl Acalon Bay .22 sq. mi Powerboalieg, ftshieg, walersports, 8,736 Yes Coast Gaard, LAW PWC, paddle craft
Date: tt9t23t2625 Page: 34 et45
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION
7. Three RECREATIONAL BOATING safety issues
This is a Federal Pass-Through Recreational Boating Safety Grant’. The purpose of the grant is to promoteboating safety and to decrease the number of accidents, injuries, and fatalities on U.S. waters. Clearly identify three BOATING safety issues that affect recreational boaters in your jurisdiction. Your answer to this question will be referenced throughout this grant application.
High Density Boating Activities
Avalon Bay is a recreational boater’s haven for thousands of visitors per year. These visitors enjoythe island’s waters on powerboats, dinghies, paddle boards, u-drive rental boats, kayaks, and swimming. While the Harbor Department welcomes these activities, the congestion can pose as an issue when trying to assist boaters on their moorings or in the event of an emergency. Patrol boats must be equipped with reliable engines that are spry enough to start and stop at a moment’s notice. • Operator Inexperience
Avalon is the furthest offshore incorporated port within the Southern California boating community.
Many boat operators who visit have yet to develop the adequate skill of open-water pilotage. The combination of unskilled captains and vessels that are not equipped for the open-oceanenvironment can create a variety of hazards on the water. Harbor Patrol are the first on scene responders due to our remote location. Our boats must be prepared to maintain higher speeds forlonger durations to assist with outer harbor incidents. • Boating Under the Influence
Many boaters come to Avalon in search of enjoying the slower island lifestyle and taking in the views of town from the back of their boats while enjoying their favorite afternoon beverage. For most boaters, this is how they start their evening before they make their way into town to enjoy dinner on shore, enjoy a nightcap at a local bar, and then re-board their dinghies to return to their boats for the night. One of the biggest safety issues we see is boating under the influence. This creates a variety of hazards both inside and outside the harbor. Harbor Patrol vessels must be quick and agileenough to assist in a dinghy calamity inside the harbor, but also capable of maintaining higherspeeds for longer durations if an emergency were to occur outside the harbor.
Oate: 09123/2025 contract # C25L0603. City of Avalon Harbor Department, Boating Safety and Enforcement Page: 35 of 45 Equipment Grant - FY 2025 / 26
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION
8. Inventory
List all patrol boats, PWCs and inflatables in your current inventory (Local and State owned). Include boats awarded but not yet received yet.
Will this
boat be Was this Is this Is this vessel used
How many surplused if vessel vessel for anything else
hourslyear is What waterbodies is it awarded a funded by a operational besides patrolling. If Year Make CF Number this used? used on? new vessel? 08W grant? ? so explain. 2004 Crystaliner 21 CF4674XC 2.750 Avalon Harbor, San No No Yes No Pedro Channel, PacificOcean
2004 Crystaliner 21 CF4675XC 2,000 Avalon Harbor, San No No Yes No Pedro Channel, Pacific
Ocean
2004 Crystaliner 21 CF4676XC 2.000 Avalon Harbor, San No No Yes No Pedro Channel, Pacific
Ocean
2004 Crystaliner 21 CF4677XC 2,750 Avalon Harbor, San No No Yes No Pedro Channel, PacificOcean
1976 Marshall 24 CF11B4XC 1,500 Asalon Harbor, San No No Yes No Pedro Channel. Pacific
Ocean
1969 Marshall 24 CF3834XC 1,500 Avalon Harbor, San No No Yes No Pedro Channel, Pacific
Ocean
1989 Seaway 32 CF2777XC 1,500 Avalon Harbor. San No No Yes No Pedro Channel, Pacific
Ocean
tJIe 09/2312025 Contrurl e C25L0603. COy of Avolorr Harbor Deporirrieni, Boehnq Solely end Cnforcenevr Page 36 ot 45 Eqropreerrl Grunt - Fr’ 2025126 Exhibit G -BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION
9. Project Type
Are you requesting a new Patrol BoatJPWC or Misc. Equipment.? r New Patrol BoatIPWC -see definition below
Equipment / Repairs
NOTE: A “Patrol Boat” is defined as “A Department of Parks and Recreation, Division of Boating and Wate,waysapproved, registered vessel (with or without trailer and/or outboard motor) purchased for use in boating safety and law enforcement activities.” VERIFY THAT YOUR REQUEST IS CORRECTLY CLASSIFIED. Failure to correctly classify may result in disqualification of your grant application. * All items purchased with funding provided by the Division of Boating and Waterways are for the exclusive use of the Boating Safety and Enforcement Unit.
Date: 09/23/2025 contract # C25L0603, City of Avalon Harbor Department, Boating Safety and Enforcement Page: 37 of 45 Equipment Grant - FY 2025/26
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION Misc Equipment Instructions
PLEASE READ THE FOLLOWING CAREFULLY
ENTER INFORMATION IN THIS SECTION ONLY IF YOU SELECTED ‘MISC. EQUIPMENT AS A PROPOSAL TYPE
IF YOU DID NOT SELECT ‘MISC. EQUIPMENT AS A PROPOSAL TYPE, CLICK ON THE NEXT TAB TO
NAVIGATE TO THE NEXT SECTION
Misc. Equipment Items
ii. Describe what you are requesting. You may request only FIVE ITEMS TOTAL (patrol boat and equipment). You may group like items”. Like items’ are related items that work together. You need one to work with the other.
Examples of “like items” include a ‘FLIR and delivery, replacement boat seat and tax’ or GPS and screen’.
DBW may fund up to 50% of the total cost of fire suppression equipment.
NOTE: Supplies and consumables (i.e: rope, water bottles, cleaning supplies, hardware) are not funding priorities.
Attach
one
List specific items that quote
are in the grouped like’ for each
items. Include itemized item in
Quantit list with cost and this
Item I Group Name Cost Total Priority quantity. section Yamaha FI5OXSA 27,831.51 2.00 55,663.02 . Complete System -motor& 45776_0 First 954 U steering system uote Ton
Eoat
S57id - 2
Yamaha
1SU HP
X3A
tiT5oard
package
s.pclt
TOTAL 55,663.02
Misc. Equipment Items Questions (Yamaha FI5OXSA)
11. Item Details
11 a. Is this equipment general all-purpose gear? NOTE: person-specific f Yes r No and fitted items will not be funded.
11 b. Describe exactly what is being requested and how this equipment will help mitigate the recreational boating safety issues you identified in Question 7. If the requested quantity is more than one for any item, explain theneed for multiple items. (max. 2000 characters) Avalon Harbor Patrol has four (4) 21’ vessels in its fleet; two are equipped with outboard engineswhile the other two boats have inboard/outboard engines. While both types of engines are efficient in various circumstances, we have found that the outboards are more effective while patrollingharbor waters and responding quicker in emergency situations. A majority of the emergencies that our boats respond to are outside of the harbor. These emergencies can be in part due to inexperienced boaters operating unsafe, non-seaworthy vessels in dangerous conditions, such as Date: 09/23/2025 Contract # c25Lo6o3, City of Avalon Harbor Department, Boating Safety and Enforcement Page: 38 of 45 Equipment Grant - FY 2025 / 26
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION extreme weather events. Other incidents can be linked to boaters operating their dinghies or larger boats while under the influence. In these circumstances, it is imperative that our patrolmen can rely on their patrol boat to get them on scene in a timely manner so that they can assist the victims and radio for mutual aid if needed.
We have found that the outboards operate better than inboard/outboards when having to engage and disengage the engine in areas with high-density traffic. Tight fairways combined withswimmers, dinghies, larger moored vessels, and other recreational activities can create dangerous situations. Having a reliable outboard engine on our boats helps to create a safer environment forboth our patrolmen and the public enjoying the harbor. Although the City has set up designated swim areas and discourages people from swimming in the harbors fairways, it is sometimes unavoidable. Having engines that can safely and quickly jump in and out of gear makes patrolling the harbor safer for all.
11 c. Describe any negative impacts to boating safety and/or boating enforcement if your agency does not receive its requested grant award.
The City has seen an improvement since the COVID pandemic and is welcoming visitors at the pre-pandemic rate.
Although we have seen an increase in revenue, the City is still operating on strict funds and limited reserves.
Higher priority CIP projects like failing infrastructure have taken a higher precedence than that of routine equipment maintenance. Even though the maintenance isn’t kept up as frequently as recomended, the engines are still operating daily with little to no off time. This creates issues because when an engine is used so frequently, it cancreate larger problems down the road resulting in times when the patrol boats are out of commission for engine repairs. The City is anticipating another busy summer and having all boats operating at their lull capacity is imperative to help maintain the safety of the harbor.
If the outboards cannot be replaced, the City will have to utilize the inboard/outboard motors which have a slower response time, a larger turning radius, and are not as agile when having to assist boaters. Outer harbor emergencies will be affected as well as the inboard/outboard engines do not have the ability to plane as well as boats with outboard engines resulting in longer wait times to arrive on scene. Having victims wait longer than they need to can result in more serious emergencies.
11 d. Classify this request
Classify this request by choosing one of the following options and present a strong justification for the request
r’ “Critical” (operations would cease without it)
W “Increased efficiency” (if it would save staff time, identify how much time) [Allow boats to respond to emergencies more efficiently] ‘Convenience’ (it would make life a little easier)
“Protection” of existing equipment (ex: shade tents, hoists to get the vessels out of the water, etc. to extend longevity)
Justify your classification of this request. (max. 300 characters) New outboards will increase efficiency with our patrolling, Search & Rescue, and other various safety activities.
Outboard engines are faster and allow us to arrive on scene quicker.
Percentage of time on the water this equipment will be used for:
Activity Percentage
Boating Safety Activities 90
Date 09/23/2025 contract # c25Lo6o3. city of Avalon Harbor Department, Boating Safety and Enforcement Page: 39 of 45 Equipment Grant - FY 2025/26
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION Search and Rescue Activities 5
[per Activities 5
I TOTAL 100.00
List any other activities this equipment will be used for: (max 300 characters) The equipment will be used to patrol and maintain the safety of Avalon Harbor and the surrounding waters. 11 e. If you are not awarded your full request, would your agency be ç Yes r No able to supplement the difference?
If yes, what percentage can you supplement? 10
11 f. What other capabilities exist in your region for this equipment? Justify why it is not feasible to borrow this equipment from a neighboring agency.
Yamaha is the only distributor and maintenance provider in Avalon which is located roughly twenty-six mles off the coast of Southern California. The round-trip freight cost to barge an engine over and get it back to the island isn’t condusive to our location. Shipping an engine off island for repairs only adds to the already long lead time it takes to run diagnostics and fix the issue resulting in the Habror Department not having a fully equipped fleet. Due to our unique location and circumstances, there are no other companies or agencies in the surrounding area that can loan us any outboard engines.
11 g. How and why was this particular model selected? Explain if this is standard equipment or do you need something specialized for your waterbody to meet your agencys needs? List less expensive models considered and explain why they are not being requested. List other funding sources available to your agency that could be used to purchase or partially purchase this equipment.
Yamaha is the preferred model for several reasons. First, the only mechanic shop in Avalon is a Yamaha retailerand exclusively repairs Yamaha engines. When maintenance is needed they can run diagnostics and make the repairs on the island, which helps to expedite the amount of time we are unable to utilize that patrol boat. Ourengines patrol the harbor and surrounding waters twenty-four hours a day, seven days a week. In doing this, our engines will meet about half of their useful life within one year. We have found that Yamaha outboards have abetter longevity than that of Honda or Mercury and all three brands are similar in cost. The City has seen the benefits of having outboard engines in its fleet. They have the ability to switch in and out of gear, which is especiallybeneficial when maneuvering a patrol boat in the tighter areas of the harbor. Outboards enignes allow the boat to get on a plane more quickly and reduce the time it takes to reach optimal speed.
Misc. Equipment - Informational
11 h. What body(s) of water will this equipment be used on? San Pedro Channel & Avalon Harbor
ii How many hours per month on average will this equipment be used for Boating Safety Enforcement? May through September
0-25 hours per month c 26-1 00 hours per month
101-250 hours per month 251+ hour per month
October through April
r 0-25 hours per month r 26-100 hours per month
‘‘ 101-250 hours per month 251+ hour per month
111.
Date: 09/23/2025 Contract ft c25LO603, city of Avalon Harbor Department, Boating Safety and Enforcement Page: 40 of 45 Equipment Grant - FY 2025 / 26 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION Will this equipment be used for anything besides Recreational Boating Safety f Yes r No Enforcement (ie. Junior lifeguard, swimming rescues, enforcing commercial events or other activities, etc.)?
If YES, complete the table below
Hours per month on
average this
List Other Activity (NOT RECREATIONAL equipment will beBOATING RELATED ACTIVITY) used for other activity Swimming Rescues 10SCUBA Rescues 10
Percentage of time per year this piece of equipment will be used for the following activities. *Estimate the total time this equipment may be used for boating safety activities in a calendar year based on historical data. DBW may verify this information using accident data. Failure to report time correctly in thefollowing chart may result in disqualification of your grant application.
Average hours
per year this
equipment will Percentag
Activity be used e of time
Boating Patrol 80.00 80.00
Search and Rescue Activities 10.00 10.00
Accident Investigation 0.00 0.00
0.00 0.00 Recovery
Other Activities (list below) 10.00 10.00
TOTAL: 100.00 100.00
List any other activities this equipment will be used for: (max 300 characters) The Avalon Harbor Department is first on scene for any swimming or SCUBA related accidents or emergencies when necessary.
11 k. Select the PRIMARY purpose this equipment will be used for:
r’ Search and rescue
‘ Enforcement of state and local measures
Inspection of vessels
Supervising organized water events
ill. If Search and Rescue is the primary purpose, list the activity and the number of boating-related emergencies this equipment would have been used for last year doing that activity. Do not include NON-BOATING emergencies (i.e: those related to swimmers)
NUMBER OF TIMES
BOATING-RELATED ACTIVITY NEEDED LAST YEAR
Date: 09/23/2025 contract # c25L0603. City of Avalon Harbor Department, Boating Safety and Enforcement Page: 41 0145 Equipment Grant - FY 2025 / 26
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION 12 Previous BSEE Grants
FY 23/24 FY 22/23 FY 21/22
Did your agency apply for a BSEE grant? No No Yes
Were you awarded a BSEE grant? (leave blank if Yes
No)
Amount awarded: (List amount or leave blank if 40,000
No or NA)
Amount spent: (List amount or leave blank if No 43,600or NA) List the equipment purchased: (List leave (2) Tohatsu 140 HPblank if No or NA) outboards, (5) Northstar water
pumps
Boating Safety and Enforcement Income
13. Revenue and Expenditures
Boat Tax Revenue 0.00
Other Revenue:
a) Other local revenue sources: (Example: launching 8,352,268.00 facilities, campgrounds, parking, anything that goestoward marine patrol support) b) Any State boating funding sources, including DBW 0.00 subvention/financial aid:
TOTAL ANNUAL BOATING INCOME IN YOUR OPERATING 8,352,268.00 BUDGET
TOTAL EXPENDITURES FOR BOATING SAFETY AND 1,854,880.00
ENFORCEMENT
14. If you participated in the subvention/financial aid program, were all C’ Yes C’ No NA allocated funds expended in the previous closed year?
If NO, state percentage of remaining funds.
Date 09/23/2025 contract c25Lo6o3, city of Avalon Harbor Department, Boating Safety and Enforcement Page: 42 of 45 Equipment Grant - FY 2025 / 26
Budget Detail for Boating Safety and Enforcement Equipment Grant - FY 2025? 26 Agency: City of Avalon Harbor Department
Application: Boating Safety and Enforcement Equipment Grant - FY 2025? 26 Line Item °tyl RatelUOM I Totall Req Amount
1 Patrot Boat
2 Equipment
Yamaha F15OXSA 2.0000 27831 5101EA 55,663.02( 5566302
3 Adjustment
TOTAL EXPENDITURES 55,663.021 55,663.02
Date: 09/2212025 centred 6 c2sL0003. Cly of Ava’en Harbor Department. BoOing Safely and Enforcement Page: 43 of 45 Eqepnronl Grani -FY 2025/26 Budget Summary for Boating Safety and Enforcement Equipment Grant - FY 2025/26 Agency. City of Avalon Harbor Department
Application. Boating Safety and Enforcement Equipment Grant - FY 2025/26 Category Total Req Amount Narrative
1 Patrol Boat 0.00 0.00
2 Equipment 55,663.02 55,663.02 These two outboard engines and steering systems would replace the current inboard/outboard engines that are currently used on two of ihe City’s patrol boats.These engines would provide a safer environment when patrolling the Harbor, asthese engines can be quickly disengaged, ensuring the safety of swimmers andrecreational boaters. Additionally, these engines will allow the Harbor Department to respond faster to emergency situations than with the curreol engines. 3 Adjustment 0.00 0.00
TOTAL EXPENDITURES 55,663.02 55,663.02
Gate: 09/2312025 conIrat e C25L0003. Cay of Aooloo Horbor Department. Dealing Safely end Entorcomnont Page: 44 ot 45 Eqmmipmnont Grant. Fm’ 2025! 20
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION Applicant Certification
a. Under penalty of perjury, I certify that I have examined this application and the document(s), proposal(s), and statement(s) submitted in conjunction herewith, and that to the best of my information and belief, theinformation contained herein is true, accurate, correct, and complete. b. I certify that I am the person authorized to submit this application on behalf of the applicant.
Name: Aliana S. Gonzales
Title: Administrative Analyst
Date Signed: 04/29/202
5 Date: 09/23/2025 contract # c25Lo6o3, city of Avalon Harbor Department, Boating Safety and Enforcement Page: 45 of 45 Equipment Grant - FY 2025 / 26
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 7, 2025 AGENDA ITEM:
L4
ORIGINATING DEP: Administration CITY MANAGER: QtiJJ
PREPARED BY: Jocelyn Francis, Assistant City Manager
SUBJECT: Civic Center Housing Project Request for Proposal for Site Work and Construction Phases
RECOMMENDED ACTION(S): Authorize City staff to publish two Civic Center Housing Project requests for proposal for on-site civil preparation work and for modular unit construction.
REPORT SUMMARY: The City of Avalon acknowledges the critical need for additional housing to support the community and address housing availability challenges. City Council has directed staff to prioritize private and public housing policy and development to improve overall housing stock in the City. The City’s Housing Element formally adopts goals including those that conserve the existing housing supply, assist with thedevelopment of affordable housing, provision of adequate housing sites, removal ofgovernment constraints, and provisions for equal housing opportunities.On May 6, 2025 City Council approved awarding a contract to US-Offsite for Phase 1- Design and Phase 2 -Manufacturing of Modular Housing Units, with the caveat to return before proceeding with Phase 2 to determine financial project feasibility. Earlier tonight, City staff requested an amendment to Phase 1 to ensure the completion of a thorough traffic and logistics study to determine best course of unit delivery on island.
To gain the clearest picture of project feasibility, City staff recommends issuing a RFP for Phase 3A, foundational site work and a second RFP for Phase 3B, installation of the modular units. Both RFPs will include explicit language that award is contingent uponproject financing and City Council award. This will allow City staff to present to CityCouncil total project costs, financing options, and complete feasibility analysis beforeproceeding with additional phases.
Phase Scope of Services Summary Estimates
1 Complete design, engineering, permitting, manufacturing, $55 000 assembly and delivery of modular housing units. 1A Traffic and Logistics Study $7,000
2 Manufacturing of Modular Units $2.8 million
On site civil work, including but not limited to grading, 3A excavation, compaction, underground utilities, foundation, TBD retaining walls, hard scape and landscape, including drainage. 3B Shipping, on site instaHation, stitching and commissioning of all TBD components in scope, including units, roofing, and staircases.
Initial Project Description and Analysis, Initial Concept Design, -- REP Development, Contractor Outreach, Counsel, and Project $325,000 Management.
Housing Consulting Support Services, Project Analysis, $25 000 Financing Option Assistance, Policy Development -- Construction Management & Inspection Services TBD
The City project team would like to take this opportunity to share the designs completed thus far to review the architectural design and floor plans developed to date. Thesefinalized designs will be included with the RFPs for Phase 3A and Phase 3B, summarized unit information below.
Unit Type Count Net Area/Unit Deck/Patio Unit Location(s)Studio 6 236 SF -- Ancillary — 2d & 3rd Floor 1 Bedroom 10 451 SF 126 SF Main — 1st Floor
2 Bedroom 10 873SF 126 SF Main — & 3rd Floor
Shared Storage -- 905 SE -- Ancillary — 1st Floor
Total Units 26 Total Building Area 18,149 SF
If approved by City Council, City staff will continue to provide updates as the project progresses and return at a later date with a full project feasibility analysis.FISCAL IMPACTS: There is $2,000,000 allocated in Capital Project 205014 Civic Center Housing Project for FY2025-26. City staff will return to City Council with further funding and financing recommendations before proceeding with Phase 2 and Phase 3.GOAL ALIGNMENT: Improve local housing.CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City may not meet stated goals of Housing Element.FOLLOW UP ACTION: Publish a Civic Center Housing Project REP for Phase 3A and REP for Phase 3B. Return to City Council with project feasibility analysis.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
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90704 CA AVALON, STREET, TREMONT
2025 09. SEPTEMBER
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 7, 2025 AGENDA ITEM:
________
ORIGINATING DEP: Administration CITY MANAGER: )àJt(4U.
PREPARED BY: Robert Greenlaw, P.E., City Engineer
SUBJECT: Drain Pipe Equipment Procurement for Hiawatha Sinkhole RECOMMENDED ACTION(S): Per the City of Avalon’s Purchasing Policy, authorize the City Manager, or his designee, to purchase 36-inch Snap-Tite® pipe from Stormwater Experts for anot-to-exceed sum of $50,000 from CIP Fund #205010, Account #1 245-6547.
REPORT SUMMARY: For approximately 13 months, City of Avalon Public Works Crews have been working to address issues associated with a sinkhole on Hiawatha Avenue.
The existing storm drain in that area — an approximate 350-foot expanse of a 44-inch nonreinforced concrete pipe — has fractured allowing for water infiltration.
The area has been excavated and the City proposes to replace 99 feet of the failed pipe with 36-inch Snap Tite ® pipe. City crews anticipate replacement of the pipe will result in a new 50 year life increase to the storm drain through this area.
Per Avalon Municipal Code Section 3-4.106(a), the City solicited price quotes from qualified vendors. The City received three responses:
Vendor Quote, including shipping to AFJ
Stormwater Experts $36,197.24
First Vanguard Rental & Sales, Inc. $39,671.50
Ferguson Waterworks $46,929.58
Staff recommends the City Council authorizes the City Manager, or his designee, to purchase 36-inch Snap-Tite® pipe from Storrnwater Experts for a not-to-exceed sum of $50,000 from CIPFund #20501 0, Account #1 245-6547.
FISCAL IMPACTS: Sufficient funds exist in CIP Fund #205010, Account #1245-6547.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The sinkhole on Hiawatha Avenue will not be repaired.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: Quotes.
SLt,rmwater
Ida to: 119/I 6/26
age I n12
Ii: lInE (;reenIasV — ( ‘iIv il A valon — 3 13—5711—3623 Project Name: Avalon Culvert repair
Project location: Avalon, CA
I 36 CD Snap—tile 6 set titus \ II each. joint gaskets and lubricant I night to Sln Pedro, c_A I 534,197.2-I 53-1,197.24 GONTRACIOR IC CONFIRM QUANFIT ES [‘RIDE [1) ‘1 ACING AN ORDER. (“tadto Is’ ttier ‘ovoid 6 moo ‘n TOTAL (Tax not inffidi97,24 Istiu tie tote 01 invoice Alt post due balances reuI’jc-:t to a lies lily service charge’’ l.’i-, ‘Ci em, lii Si,il,- and boil sbes IOu is ruilni.lu,t,’d in price Quoted ‘nitsol dlv’ valid lvi ill dat tivight v1iiole alliiiv sic’, hour iii olllooding I UhiC Shy- ,,dditivii lob limo Ivill Is, rl,a,o,-.l ti Item, at s?5/lmuiu Iluver is ,ev1u’uuihlv to, ptvi’eriiitliading ‘,i pn’eliicts /1 lo arvtpI Ibis clontattnrt, sign bert and return: -
_ Thank you for your business! L01
1 ‘--i_ii First Vanguard Rentals & Sales Inc.
Phone# : (707) 673-2165 Email : adin€0istvc.com
FaxU (707) 673-2789 www1,tv.c oil1229 Western St. 112
Fairfield, CA 94533
DVBE/S BE: fl1769627 SDVQSB Certified
MATERIAL QUOTE FOR PROJECT: DPW - AVALON
(Quoted by: KIley Olson! kIIeyi1stvg.com I 707-330.8635) BID# 0Th’ UNIT UNIT PRICE TOTAL
SNAPTITE
36” OD SNAPTITE B x S HDPE PIPE (9’ LENGTHS) 99 LF $ 37850 $ 37,471.50 FREIGHT TO JOBSITE 1 EA $ 2,200.00 $ 2,200.00
CUSTOMER TO UNLOAD SUBTOTAL $ 39,671.50
Quantities are estimates only; prices subject to change if FVG cost changes. Contractor is responsible for Page 1 of 1 verifying types and quantities before bidding and or purchasing. Quote valid for 30 days only. Sales tax September 25, 2025not included. Terms: Net 30 on approved credit. Full TL FOB job-site.
Bob Greenlaw
From: [email protected]
Sent: Thursday, September 25, 2025 8:57 AM
To: Bob GreenlawSubject: Re: Quote request for snaptite pipe Bob,
See pricing below. Looks Like the account has not been used in a while. We will need to have a credit appLication filled out if you decide to proceed with the order. Account # 459398. My credit team will send a credit application. $4084.51 stick x 11 sticks =44,929.58 plus $2,000 for freight.
Thanks!
Sean Patterson I
Outside Sales Representative
Ferguson Waterworks
27750 Industrial BIvd, Hayward, CA 94545
C : 341-208-9371 0: 510-786-3333E: Sean.Patterson2ferguson.com www. Ferquson.comFrom: Bob Greenlaw <[email protected]> Sent: Wednesday, September 24, 2025 5:39 PM
To: Sean Patterson <[email protected]>
Subject: Quote request for snaptite pipe
Caution: This email originated from outside of the organization. DO NOT click links or open attachments unless you recognize and trust the sender.
Hi Sean,
Arthur Sakaev provided me your contact information. I am seeking a quote on 11 pieces of nine foot lengths of 36” OD snaptite pipe. Total of 99 feet. Include freight costs to:
Avalon Freight Services, 385 East Swinford St, San Pedro CA 90371 Thank you.
1 CITY OF AVALON CITY COUNCIL
MEETING DATE: October 7, 2025 AGENDA ITEM: ________ ORIGINATING DEP: Planning and Building CITY MANAGER: ______ PREPARED BY: Kelly Ribuffo, Contract Planner SUBJECT: First Reading of an Ordinance to Repeal and Replace Chapter 1-8 (Reasonable Accommodation) of Title 1 of the Avalon MunicipalCode, implementing housing program 17 as set forth in the 6th CycleGeneral Plan Housing Element and Adoption of Exemption Findings Under the California Environmental Quality Act
RECOMMENDED ACTION(S): Introduce by title only and waive all readings of an ordinance of the City of Avalon to repeal and replace Chapter 1-8 (Reasonable Accommodation) of Title I of the Avalon Municipal Code, implementing housing program 17 as set forth in the 6th Cycle General Plan Housing Element and adoption of exemption findings under the California Environmental Quality Act.BACKGROUND: On September 20, 2022, the City Council adopted the 202 1-2029/6th Cycle General Plan Housing Element. The Housing Element is a state-mandated section of theGeneral Plan which identifies the housing needs, opportunities, and constraints in the of City of Avalon. The Housing Plan section of the Housing Element further sets forth the City’s goals, policies and programs to address Avalon’s identified housing needs, including production of 27 new housing units as allocated by the Southern California Association of Governments (SCAG)Regional Housing Needs Assessment (RHNA) for the 6th review cycle.
The Housing Plan contains 26 programs adopted to implement the goals and policies of the Housing Element. Some programs require one-time code amendments, while others have ongoing review schedules that require monitoring legislative actions and regular updates to the Avalon Municipal Code (AMC). Over the next several months, the Planning and Building Department will bring forth a series of code amendments for consideration to implement all of the housing programs to ensure the City continues to be compliant with State law. The amendments proposed at this time are intended to address the requirements of Program #17 (Reasonable Accommodation Procedures).
PROGRAM #17 -REASONABLE ACCOMMODATION PROCEDURES: Reasonable accommodation procedures ensure disabled persons have equal and effective access to City programs and services, and that reasonable and long-term modifications to Cityemployment, building, and zoning rules, regulations, practices, and standards may be made for disabled persons to the extent required under federal and state disability laws, including but not limited to the Americans With Disabilities Act (42 U.S.C. § 12101 et seq.), Federal Fair Housing Act (42 U.S.C. § 3601 et seq.) and the California Fair Employment and Housing Act (Cal. Gov’t Code § 12955 etseq.).
Households that include persons with disabilities are some of the community’s lower-incomehouseholds, as determined by the communitywide median household income surveyprepared with the 6” Cycle Housing Element. Providing reasonable accommodationprocedures in compliance with State law will address the needs of both persons with disabilities and lower-income households. Program #17 requires that the City review its adopted reasonable accommodation procedures annually and revise them as appropriate to ensure consistency with federal and state fair housing requirements.
Chapter 1-8 was last updated in 2014. After reviewing the existing reasonable accommodation regulations, it was determined by staff that updates are required to clarify the scope of the program and to streamline the process for application and approval of requested accommodations. As such, staff recommends the City Council repeal and replace Chapter 1-8 with completely updated regulations.Complete ordinance language is included in the draft ordinance as Attachment I and the existing regulations are included for reference as Attachment 2. It is the opinion of staff that the proposed regulations fully implement Program #17 of the 6th Cycle Housing Element and provide for more streamlined procedures and access to reasonable accommodation requests for the cornmu n ity.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Avalon MunicipalCode will not be amended, and the City will be out of compliance with the mandatedimplementation program set forth in the 6th Cycle General Plan Housing Element.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
1. Ordinance
2. Existing Reasonable Accommodation Regulations Text
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFAVALON REPEALING AND REPLACING CHAPTER 1-8 “REASONABLE ACCOMMODATION” OF TITLE I OF THE
AVALON MUNICIPAL CODE AND ADOPTION OF
EXEMPTION FINDINGS UNDER THE CALIFORNIAENVIRONMENTAL QUALITY ACT WHEREAS, pursuant to the authority granted to the City of Avalon (‘City”) by Article Xl, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designated to promote public convenience and general prosperity, as well as public health, welfare, and safety; and WHEREAS, the Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act require local jurisdictions to establish a process by which persons with disabilities can request reasonable accommodations to the jurisdiction’s codes, rules, policies, practices, or services, necessary to afford persons with disabilitiesan equal opportunity to use or enjoy a dwelling; and WHEREAS, under Government Code section 65583, each city must analyze the special housing needs of disabled persons in its housing element. Each housing element also must analyze governmental constraints to the development and maintenance of housing for disabled persons, and include a program to provide reasonable accommodations from zoning and land use regulations to allow for the development of housing for disabled persons; and
WHEREAS, in addition to the foregoing statutes, other state and federal disability laws require cities to provide reasonable accommodations for disabled persons in the application of city programs, including but not limited to the city’s land-use, zoning, and building regulations, as well as other programs, policies, practices, and procedures. By adopting this ordinance (“Ordinance”), the City desires to amend its municipal code to establish a process by which persons with disabilities can request such reasonable accommodations; and
WHEREAS, the City of Avalon is committed to implementation of the housing programs adopted as part of the 202 1-2029 6th Cycle General Plan Housing Element,including Program #17 (Reasonable Accommodation Procedures); and WHEREAS, the City Council reviewed the proposed Ordinance, attached as Exhibit A, and the effects and demands of such regulations and other development on the City’s resources; and
WHEREAS, on October 7, 2025, the City Council held a duly-noticed public meeting and considered the recommendations of staff, staff report, other supporting documents, and any public testimony concerning this Ordinance; and WHEREAS, the City Council finds that the proposed Ordinance is consistent with the City’s General Plan because the proposed amendments to the Avalon Municipal Code (“AMC”) will implement Program #17 of the City’s 202 1-2029 6th Cycle General Plan
Housing Element, and the proposed amendments implement Policy V-26 of the HousingElement, which provides that the City should accommodate persons with disabilities who seek reasonable waiver or modification of land use controls and/or developmentstandards pursuant to procedures and criteria set forth in the AMC; and WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings.
Section 2. Code Amendment. The City Council hereby adopts the proposedOrdinance repealing and replacing Chapter 1-8 of Title 1 of the AMC to read as proposedin Exhibit A.
Section 3. Severability. If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, void, or invalid, such decisions shall not affect the validity of the remaining portion of this Resolution or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, void, or invalid.
Section 4. CEQA Exemptions. The ordinance is exempt from the provisions of theCalifornia Environmental Quality Act (CEQA) per State CEQA Guidelines Sections 15183(a), 15601(c)(2), and 15601(c)(3) because it has no potential to have a significant effect on the environment and is not subject to CEQA.
The General Plan is a long-term policy guide for the development of the City, but does not propose specific developments that can be analyzed at a project-specific level.
Therefore, the General Plan EIR is a Program EIR (State Clearinghouse No. 2011091042). A Program EIR provides a more general analysis of the General Plan that focuses on the overall effects of implementation of the General Plan. The 6th Cycle General Plan Housing Element was adopted in September 2022. An addendum to the Program EIR was prepared, which concluded that the Housing Element updates do not result in any new or greater environmental impacts than were previously analyzed, disclosed, and mitigated.
Pursuant to Public Resources Code section 21083.3 and CEQA Guideline 151 83(a), a project that is consistent with the development densities established in a General Plan for which an EIR was certified is not required to undergo additional environmental review “except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.” As noted above, an EIR was certified for the General Plan. The proposed Ordinance does not authorize construction and makes minor changes to existing standards and land use limitations that apply to existing
uses permitted in all zones in the City and allows uses that are consistent with the uses currently permitted in such zones.
In addition, the Ordinance is exempt because the code amendment is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment (Section 15060(c)(2)). Adoption of the Ordinance is also exempt because the code amendment is not a “project” as defined by section 15378, since it hasno potential for resulting in a direct or indirect physical change to the environment(Section 1 5060(c)(3)).
Therefore, it can be seen with certainty that the Ordinance has no potential to cause a significant effect on the environment, and the amendments themselves are categorically exempt from further review under CEQA pursuant to Sections 15183(a), 1 5601(c)(2), and 15061 (c)(3) of the California Code of Regulations.
Section 5. Certification. The City Clerk of the City of Avalon shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law.
Section 6. Effective Date. This Ordinance shall become effective thirty days from itsadoption.
INTRODUCED at a regular meeting of the City Council of the City of Avalon on the 7th day of October 2025, by the following vote:
AYES:
NAYS:
ABSENT:ABSTAIN:
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 4th day of November 2025, by the following vote:
AYES:
NAYS:
ABSENT:ABSTAIN:
Ann H. Marshall, Mayor
ATTEST:
Gabrielle Morones, Deputy City Clerk
APPROVED AS TO FORM:
Scott Campbell
Best Best & Krieger, LLP
EXHIBIT A
Avalon Municipal Code Title 1, Chapter 1-8,
Reasonable Accommodations
§1-8.01 Purpose and Intent.
It is the policy of the City to make, as provided in this section, reasonable accommodation in the application of its policies, practices, programs, and procedures, including its zoning and land-use laws, for disabled persons, to the extent required under federal and state disability laws, including but not limited to the Americans With Disabilities Act (42 U.S.C.§ 12101 et seq.), Federal Fair Housing Act (42 U.S.C. § 3601 et seq.), and the California Fair Employment and Housing Act (Cal. Gov’t Code § 12955 et seq.). Thepurpose of this chapter is to establish a process for disabled persons to submit and for the City to act upon a request for reasonable accommodation. §1-8.02 Definitions
For the purposes of this section, unless otherwise apparent from the context, certain words or phrases used in this section are defined as follows:
a) “Auxiliary aids and services” means qualified interpreters, note takers, transcription services, written materials, assistive listening systems, qualified readers, taped texts, audio recordings, Braille materials, large print materials,other similar services and actions, and as otherwise defined by state or federal law.
b) “Person with a disability” means a person who has a physical or mental impairment that makes achievement of a major life activity difficult, as defined by state and federal disability laws; anyone who is regarded as having such impairment; or anyone with a record of such impairment.
c) “RA Request” means a request for a Reasonable Accommodation submitted by, or on behalf of, a person with a disability.
d) “Reasonable Accommodation” means providing persons with disabilities flexibility in the application of city programs; including city land-use, zoning, and buildingregulations; policies; practices; and procedures, or waiving certain requirements when it is necessary to provide meaningful access to city programs or to eliminate barriers to housing opportunities for persons with disabilities. e) “Review Authority” means the city manager or the city manager’s designee. See Section 1-8.03 of this chapter.
§ 1-8.03 Review Authority
The City Manager or the City Manager’s designee has the authority to review and decide upon requests for a RA Request. A denial of an RA Request may be appealed by thereq uestor to a designated hearing officer. The hearing officer’s decision is final. §1-8.04 Applicability
a) Eligibility.
1. An RA Request may be made by any person with a disability, his or her representative, or a developer or provider of housing or other services forpersons with disabilities, when the application of a city program, including a city land-use or building regulation, policy, practice or procedure, acts as abarrier to meaningful access to city programs or to fair-housing opportunities for persons with disabilities.
2. Federal and state disability laws afford no protection to persons with or without disabilities whose tenancy presents a direct threat to the persons or property of others. Determining whether someone’s tenancy poses such a direct threat must be made on an individualized basis, however, and may not be based on general assumptions or speculation about the nature of a disability.
b) Eligible Request. The subject matter of an RA Request may include a modification or exception to the practices, rules, or standards for a city program or for the development, siting, and use of housing or housing-related facilities that wouldeliminate regulatory barriers and provide a person with a disability with meaningful access to city programs and equal opportunity to housing of the person’s choice. § 1-8.05 Application
a) Requirements. An RA Request may be initiated with the Review Authority orally or in writing. The City will not require a requestor to use a particular form or medium to initiate an RA Request. The law requires the Reasonable Accommodation process to be iterative and interactive. City staff will assist requestors in completing their RA Request as needed to ensure that the process is accessible to personswith disabilities. The City encourages requestors to make RA Requests for auxiliary aids and services up to 48 hours before the City event needingaccommodation. b) Administration. The City may create any forms, documents, online portals, telephone hotlines, or other methods to facilitate the submittal of RA Requests.
§1-8.06 Review and Processing
a) Application Review. The Review Authority will approve, approve with conditions, or deny an RA Request in accordance with the required findings in Section 1-8.07of this chapter. b) Decision.
1. Request for Further Information. The Review Authority may request further information from the applicant consistent with state and federal disabilitylaws and this section, specifying in detail the further information required.
2. Decision and Timing. The Review Authority will issue a written decision within 30 days of its receipt of a complete RA Request (including any additional information requested under subsection b(1) above). The written decision must: explain in detail the basis of the decision under the required findings in Section 1-8.07 of this chapter, give notice of the applicant’s rightto appeal the decision, and be sent to the applicant by first-class mail with return receipt requested.
3. Conditions of Approval. The Review Authority may impose any conditions on the approval of an RA Request that he or she deems reasonably necessary to ensure that the Reasonable Accommodation will comply with the Required Findings in Section 1-8.07.
c) Compliance with other Regulations. An approved accommodation does not affect any person’s obligations to comply with all other applicable regulations not at issue in the requested accommodation.
d) Confidentiality. Any information identified by an applicant as confidential will be retained in a manner so as to respect the privacy rights of the applicant and willnot be made available for public inspection, unless disclosure is otherwise requiredby state or federal law. e) No Public Hearing. A public hearing is not required for a reasonable accommodation request reviewed and decided upon by the Review Authority. f) No Transfer. An approved accommodation related to property is considered a personal RA Request by the applicant, shall not run with the land, and cannot be transferred to another person.
§1-8.07 Required Findings
Prior to approval of an RA Request, the following findings must be made consistent with federal and state disability laws:
a) When housing is the subject of an RA Request, the housing will be used by a person with disabilities protected under fair housing laws. b) As applicable, the requested accommodation is necessary to make housing available to a person with disabilities protected under the fair housing laws. c) The requested accommodation would not impose an undue financial or administrative burden on the city.
d) The requested accommodation would not require a fundamental alteration in the nature of the city’s policies, practices or procedures, including consideration of alternatives which may provide an equal level of benefit. e) The requested accommodation will not result in a direct and significant threat to the health or safety of other persons or substantial physical damage to the property of others.
§1-8.08 Appeals
a) The action of the Review Authority is final unless appealed to within 10 business days of the date that the applicant receives the Review Authority’s decision in the mail. The notice of appeal must be in writing. The Review Authority will schedule the appeal to be heard by a hearing officer within 30 calendar days from the date that the Review Authority receives the notice of appeal. The decision of the hearing officer is final and shall be mailed by first-class mail to the applicant with return receipt requested.
b) Assistance with Appeal. Upon request, the City will provide assistance to a person needing assistance in filing an appeal to ensure that the appeals process is accessible to persons with disabilities.
§1-8.09 Modifications Initiated by the Applicant
The applicant may apply for a modification to his or her accommodation. Any proposed will be treated by the city as a new RA Request and will be subject to the procedures set forth in Sections 1-8.01 through 1-8.08 of this chapter. §1-8.09 Modifications or Revocations Initiated by the City a) Review Authority and Findings. The Review Authority may make changes or revoke the approval of a Reasonable Accommodation applications when conditions of approval are violated, it is necessary to resolve a nuisance, or when the RA Request contained incorrect, false, or misleading information.
b) Procedures. The Review Authority will notify the applicant of the change or revocation of the approval by first-class mail with return receipt requested no later than the next business day after the Review Authority’s decision. The applicant may appeal the Review Authority’s decision in accordance with Section 1-8.08 of this chapter.
Attachment 2: Existing Reasonable Accommodation Regulations Chapter 1-8, Title 1, Reasonable Accommodation
httos:/!ecode36O. corn/358964$O#35896480
§ 1-8.01 Intent.
[ 1, Ord. 1106-11, eff. March 31, 2011; § 3, Ord. 1132-14 eff. November6, 2014] The purpose of the City of Avalon’s (“City’s’) Americans with Disabilities Act of 1990 (“ADA”) Reasonable Modification Policy is to ensure disabled persons have equal and effective access to City programs and services, and that reasonable and long-term modifications to City employment, building, and zoning rules, regulations, practices, and standards may be made for disabled persons in full compliance with the provisions of Title II of the ADA and all other applicable State and Federal laws. § 1-8.02 Policy Statement.
[ 1, Ord. 1106-11, eff. March 31, 2011; § 3, Ord. No. 1132-14, eff. November 6, 2014] The City is committed to providing equal access and opportunity to qualified individualswith disabilities in all City programs, services, employment policies, and building and zoning rules, regulations, practices, and standards. The City recognizes that in order to have equally effective opportunities and benefits, individuals with disabilities may needreasonable and long-term modifications to City policies and procedures. The City will adhere to all applicable Federal and State laws, regulations and guidelines with respect to providing reasonable modifications, as necessary, to afford disabled persons equal access to City programs and services, and to modify City employment, building, and zoning rules, regulations, practices, and standards when necessary. Questions regarding reasonable modification and/or discrimination on the basis of disability should be directed to the City’s ADA Coordinator. A notification of this policy shall be on display at City Hall/Planning Department to alert people that this policy exists and that a copy of this policy will be made available by the City upon request.
The City shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unlessthe City can demonstrate that making the modifications would fundamentally alter the nature of the service, program, activity, regulation or policy being modified, or result in anundue financial or administrative burden.
The City shall take appropriate steps to ensure that communication with applicants, participants, and members of the public with disabilities are as effective as communications with others. To this end, the City shall furnish upon request appropriateauxiliary aids and services where necessary to afford an individual with a disability anequal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by the City. In determining what type of auxiliary aid or service is necessary, the City shall give primary consideration to the requests of the individual with a disability.
The City recognizes that providing services in an integrated setting through architectural barrier removal is the most desirable method to provide equally effective opportunities and benefits for many individuals with disabilities.
The City is not required to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, activity or regulations, or any action that would result in undue financial or administrative burdens. Any determination that a modification in its policies or procedures to provide an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity for individuals with disabilities would fundamentally alter the service, program, or activity or unduly burden the City shall be made by the City ADA Coordinator after consulting with the City Attorney and after considering all resources available for use in funding and operating the program, service, or activity. The decision shall be accompanied by a written statement of the reasons for reaching that determination.
When barrier removal is “technically infeasible” or when reasonable modification would result in “undue financial or administrative burden” or “fundamental alteration in the nature of a service, program, or activity,” the procedures in this policy will help ensure that theCity adheres to the requirements of the ADA regulations and guidelines with respect to burden and infeasibility.
§ 1-8.03 Definitions. [ 1, Ord. 1106-11, eff. March 31, 2011; § 3, Ord. 1132-14, eff. November6, 2014]
AUXILIARY AIDS AND SERVICES
Shall mean and include:
(a) Qualified interpreters, note takers, transcription services, written materials,assistive listening systems, and other effective methods for making aurally delivered materials available to individuals with hearing impairments;(b) Qualified readers, taped texts, audio recordings, Braille materials, large print materials, or other effective methods for making visually delivered materials available to individuals with visual impairments;
(c) Acquisition or modification of equipment or devices; and (d) Other similar services and actions.
DISABILITY
As defined by the ADA at 42 U.S.C. § 12102 and with respect to an individual shall mean (a) a physical or mental impairment that substantially limits one or more of the major life activities of such individual, (b) a record of such impairment, or (c) being regarded as having such an impairment.
QUALIFIED INDIVIDUAL WITH A DISABILITY
Shall mean an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportationbarriers, or the provision of auxiliary aids and services, meets the essential eligibilityrequirements for the receipt of services, the participation in programs or activitiesprovided by the City, or is subject to the laws, rules and regulations of the City.REASONABLE MODIFICATION Shall mean modifications or adjustments to a program, service, legal requirements andstatutes or activity that will enable equal access, to the maximum extent possible, for qualified individuals with a disability.TECHNICALLY INFEASIBLE With respect to an alteration of a building or a facility, technically infeasible is something that has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member that is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the minimum requirements.
UNDUE BURDEN
Shall mean significant difficulty or expense. In determining whether an action would result in an undue burden, the City shall consider all City resources available to the program or component for which the product is being developed, procured, maintained, or used or entitlements, approvals or permits sought.
§ 1-8.04 Policies and Procedures.[ 1, Ord. 1106-11, eff. March 31, 2011; § 3, Ord. 1132-14, eff. November6,2014] (a) The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities, and will permit exceptions to stated local zoning, vehicle, parking, building, and employment standards, requirements, and practices when necessary andreasonable to ensure equal opportunity. (b) Any disabled person, his or her representative, or any developer or provider of housing for one or more people with a disability may request an accommodation from any of the City’s rules, policies, practices, and/or procedures when such accommodation is reasonable and necessary to afford such persons equal opportunity and access as citizens who are not disabled.
(c) Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City, should contact the ADA Coordinator, as soon as possible but no later than 48 hours before the scheduled event. Please include the name, location and date of the service or program, and your contact information. While requests for auxiliary aids or
services can usually be accommodated with limited notice, please be advised that other requests for accommodation, including but not limited to requests for exceptions to local zoning and buildings standards, regulations, and practices will require the completion of a request for accommodation application.
(d) The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participateequally in the City’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.
Requests for aids or services for effective communication should be directed to the ADA Coordinator, with as much advance notice as practicable. (e) In the provision of auxiliary aids or services, including modifications in policies, practices, or procedures, the City will not place surcharges on individuals with disabilities to cover the costs involved in making programs, services or activities accessible. (f) City facilities are either fully structurally accessible to individuals with disabilities or will be made fully accessible. Should any facility not be fully accessible, all services normally provided to the public at that location will be provided at a fully accessible location uponrequest. (g) In cases of emergency services, which are unplanned and may require complex and important communication, interpretation services consistent with the requirements of the ADA will be arranged to the extent practicable.
(h) If the reasonable accommodation involves deviation from the City’s vehicle standards, the request shall be heard by the Vehicle Hearing Officer or his or her designee, subjectto all applicable regulations for notice, determination and appeal. (i) If the reasonable accommodation involves deviation from the City’s building standardsor zoning regulations, the request shall be heard by the Planning Commissioner or his or her designee, subject to all applicable regulations for notice, determination and appeal. (j) The City’s ADA Coordinator shall coordinate the City’s efforts to comply with and carryout its responsibilities under Title II of the ADA and applicable State law, includinginvestigation of any complaint communicated to the City alleging its noncompliance oralleging any actions that are prohibited under the ADA. The City shall make available to all interested individuals the name, office address, telephone number, and email of the ADA Coordinator and shall provide for procedures for the prompt and equitable resolution of complaints alleging any action that is prohibited under the ADA. Complaints that a program, service, or activity of the City is not accessible to persons with disabilities shouldbe directed to the ADA Coordinator.§ 1-8.05 Application for Accommodation. [ 1, Ord. 1106-11, eff. March 31, 2011; § 3, Ord. 1132-14, eff. November6,2014]
(a) A disabled person, or his or her representative, who desires to request anaccommodation may do so by filing an application with City’s ADA Coordinator. Requests for auxiliary aids and services may be made up to 48 hours before the event needingaccommodation; other requests should provide at least 30 days’ notice.(b) If an individual needs assistance in making the request for accommodation or reducing such request to writing, the ADA Coordinator will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant orrepresentative. (C) The application shall require the following:
(1) The applicant’s name, address, and telephone number; (2) If not the applicant, the identity of the disabled person(s), and the applicant’s relation to the disabled person;
(3) Identification and description of the disability which is the basis for the request for accommodation, including a description of the effect the disability has on thedisabled individual’s medical, physical, or mental limitations. At the discretion ofthe ADA Coordinator, physician or other similar verification of the disability may be required. For any information marked as confidential by the applicant, the City willkeep such information confidential and not disclose such information, unlessrequired by law, subpoena, or similar legal process; (4) The rule, regulation, policy, practice, or procedure of the City for which the request for accommodation is being made;
(5) If applicable the specific event of the City for which the request foraccommodation is being made; (6) The type of accommodation being sought and an explanation as to why it is necessary. When appropriate, this shall include a summary of any potential alternative means of accommodation;(7) Where applicable, copies of correspondence, pictures, plans, or otherappropriate background information reasonably necessary for the City to reach adecision regarding the feasibility and necessity of the accommodation. Additional information may be required at the discretion of the ADA Coordinator; (8) If the modification is related to building or zoning standards, verification thatadjacent property owners have been notified of the potential modification shall be required.
(d) The ADA Coordinator may, at his or her discretion, consider a request foraccommodation to be ongoing and may not require a new request for each instance ofaccommodation. In other circumstances, individuals shall submit a new request for each instance of accommodation.
§ 1-8.06 Criteria for Granting Accommodation.
[ 1, Ord. 1106-11, eff. March 31, 2011; § 3, Ord. 1132-14, eff. November 6, 2014] (a) Auxiliary Aids and Services. Requests for auxiliary aids and services may be approved without findings or written conclusions by the ADA Coordinator, or his or her representatives.
(b) Findings. For all other types of requests for accommodation, including but not limited to those requesting exceptions to stated zoning, building, vehicle and employment rules, regulations, practices, and procedures, the following findings shall be analyzed, made, and adopted before any action is taken to approve, approve with conditions, or deny arequest for accommodation, and must be incorporated into the record of the proceedingrelating to such decisions:
(1) Whether the request for accommodation is reasonable and necessary to afford the applicant with equal opportunities as citizens who are not disabled; (2) Whether there are preferable and feasible alternatives to the requestedaccommodation that may provide an equivalent level of benefit; (3) The physical attributes of any proposed changes to properties and structures; (4) Whether the requested accommodation will require a fundamental alteration of the City’s rules, regulations, policies, practices, or procedures; (5) Whether the requested accommodation will result in an undue financial oradministrative burden to the City; (6) If zoning related, whether the requested accommodation would result in a detriment to the character of the neighborhood;
(7) Whether the requested accommodation, under the specific circumstances, willresult in a direct and significant threat to the health or safety of other individuals or property; and
(8) Any other factors that may have bearing on the request. (c) Conditions of Approval. Any modification granted for an individual with a disability may be considered a personal accommodation for the individual applicant, and may not run with the land. The conditions of approval may, where deemed appropriate, provide for any or all of the following:
(1) Periodic inspection of the affected premises, as specified in the conditions, to verify compliance with this section and with any other applicable conditions of approval.
(2) Prior to any transfer of interest in the premises, notice to the transferee of the existence of the modification, the personal status of the modification and the requirement that the transferee apply for a new modification, if necessary. (3) Removal of the improvements, where removal would not constitute an unreasonable and unfair financial burden, if the need for which the accommodation was granted no longer exists.
(4) Time limits and/or expiration of the approval if the need for which theaccommodation was granted no longer exists. (5) Other conditions deemed necessary to protect the public health, safety, and welfare.
(d) Notice of Determination. When practical, the Planning Commissioner, VehicleCode Officer, or the ADA Coordinator or his or her representative, as applicable, shall issue a written notice of decision within 30 days of the submittal of the completed application or hearing, as the case may be. The decision shall grant the request, grant the request with conditions, deny the request, or offer approval of an alternative accommodation. The request shall be denied if the result of granting the request would lead to a violation of Federal or State law. The notice shall contain the factual findings, conclusions, and reasons for the decision and give notice of the right to appeal as set forth in § 1-8.07 of this chapter. The notice shall be mailed to the applicant by certified mail to the address listed on the application for the request. § 1-8.07 Appeals. [ 1, Ord. 1106-11, eff. March 31, 2011; § 3, Ord. 1132-14, eff. November6, 2014] (a) Appeal of Notice of Decision. Any person dissatisfied with the decision provided by the ADA Coordinator, the Planning Commissioner or the Vehicle Code Officer, or any such designee thereof, pursuant to this chapter may appeal the decision to the CityCouncil. The appeal shall be in writing, shall be filed with the City Clerk, and shall besubmitted within 30 days of receiving the decision being appealed. (b) The City Council shall review the appeal and may, at their discretion, request additional information as needed.(c) The City Council shall issue a written decision within 30 days of receiving the appeal, with such thirty-day period stayed during any time during which the City Council has requested and yet to receive any additional information regarding the appeal, and may grant the request, deny the request, offer approval of an alternative accommodation, or
approval the request with conditions. The City Council may not offer an accommodationmore restrictive than what was originally offered. In reaching its decision, the City Council should consider the factors outlined in § 1-8.06(b) of this chapter. Nothing in this chapter shall preclude the applicant from any other State or Federal remedy available to applicant.
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 7, 2025 AGENDA ITEM:
_________
ORIGINATING DEP: Administration CITY MANAGER: WJJL
PREPARED BY: Daivd Maistros, City Manager
Devin Hart, Senior Management Analyst
SUBJECT: Procurement of Shore Boat End Float
RECOMMENDED ACTION(S): Pending inspections by City Staff and a third-party Marine Surveyor, 1. Authorize the City Manager to negotiate and execute a purchase agreement for the Summer End Float from Catalina Jet Ski Corporation for a not-to-exceed sum of $595,000. 2.
Amend the Harbor Fund budget increasing the Fiscal Year 2025-26 Budget allocating $595,000to Capital Outlay — R and M — Floats/Wharfs Fund #10470-6504, and $60,000 to Float Maintenance Fund #10470-5705.
REPORT SUMMARY: For a period of more than 50 years, the City has contracted with a waterside permit holder for the annual installation, maintenance and operation of the Shore Boat End Float located at the base of the Green Pleasure Pier.
The Shore Boat End Float performs an essential function in Avalon Harbor, allowing for additional dock, ticketing and retail space for recreational operations from approximately May 1 to October 15 annually — the height of the Summer Season.
After a competitive RFP process, the Lease Agreement for the Shore Boat Float was awarded to Catalina Coastal Tours & Fishing, LLC on April 2, 2019, with an effective date commencing February 1, 2020. The initial Term of the Lease is for ten years with two five-year options.
Additionally, the Lease waived ren until May 1, 2028.
On January 15, 2024, the City Manager received a request from Scott Gorelczenko, owner/operator of Catalina Coastal Tours & Fishing, LLC, to assign the remaining term of theSemi-Exclusive Shore Boat Franchise Agreement and the End Float Lease Agreement to two new companies under his ownership/control.
The assignment requests were approved by City Council on March 5, 2024. The remaining term of the semi-exclusive shore boat franchise agreement (expiring March 15, 2027) was assigned to Avalon Shoreboat Services Corporation. The remaining initial term of the Shore Boat Float Lease Agreement (expiring May 1, 2030) was assigned to Jet Ski Rental Corporation.
Over the last several months, the City Manager has engaged in general discussions with Scott Gorelczenko regarding potential sale of the Shore Boat Float and assignment of the remaining lease term.
While ownership of the Shore Boat Float may create an annual repair and maintenance obligation, those obligations should be offset by revenues collected through rents and harbor use fees collected through the use of the float. The Shore Boat Float currently provides exclusive docking space for three harbor related businesses, as well as retail/ticketing/office space for two businesses. Without the spaces provided by this float, those businesses would have to utilize existing City harbor facilities, creating greater congestion issues during the busiest time of year.
After some negotiations, a final sale price of $595,000 has been reached. City Staff recommend a third-party marine survey is conducted and City Staff thoroughly inspect the float. If survey and inspection results are satisfactory, City Staff recommend the City Council authorize the CityManager to negotiate and execute a purchase agreement for the Shore Boat End Float fromCatalina Jet Ski Corporation for a not-to-exceed sum of $595,000. City staff also recommend the City Council authorizes an amendment to the Harbor Fund budget increasing the Fiscal Year 2025-26 Budget allocating $595,000 to Capital Outlay — R and M — Floats/Wharfs Fund #10470- 6504, and $60,000 to Float Maintenance Fund #10470-5705.
GOAL ALIGNMENT: City Infrastructure and operational sustainability.
FISCAL IMPACTS: An amendment to the Harbor Fund budget is required increasing the Fiscal Year 2025-26 Budget allocating $595,000 to Capital Outlay — R and M — Floats/Wharfs Fund #10470-6504, and $60,000 to Float Maintenance Fund #10470-5705.
FOLLOW UP ACTION: Conduct inspections of the float, if there is a consensus, negotiate and execute a purchase agreement for a not to exceed sum of $595,000.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: None.
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 7, 2025 AGENDA ITEM:
_________
ORIGINATING DEP: Administration CITY MANAGER: t4L4
PREPARED BY: David Maistros, City Manager
SUBJECT: Magical Cruise Company Ltd. Cruise Ship Preferential Access Agreement
RECOMMENDED ACTION(S): Authorize the City Manager to execute a Preferential Access Agreement with Magical Cruise Company Ltd., dba Disney Cruise Line.
REPORT SUMMARY: During the February 18, 2025 City Council Meeting, the City authorized the City Manager to execute a Term Sheet with Magical Cruise Company Ltd, dba Disney Cruise Lines. The City Council additionally authorized the City Manager to negotiate an Agreement withDisney Cruise Lines incorporating the terms as set forth in the approved Term Sheet.
At this time, negotiations with Disney Cruise Lines have resulted in an agreement addressing and incorporating all of the relevant terms previously established. Staff recommends authorizing the City Manager to execute a Preferred Access Agreement with Disney Cruise Lines with thefollowing terms:
- Initial term length of five years commencing upon execution of the Agreement and ending September 14, 2030, with two additional five-year renewal options. - Preferential scheduling for Saturdays and Tuesdays during the “Peak Season” (September 15 to May 15).
- Preferential scheduling for Tuesdays during the “Summer Season” (May 16 to September 14).
- Disney Cruise Lines proposes to remit a Cruise Line Fee equal to the City Wharfage Rate plus an additional Passenger Service Charge equal to twenty percent (20%) of the Wharfage Rate for each passenger on the manifest as consideration for preferential scheduling.
o This rate will be subject to annual adjustments equal to 2.5% per year. - Disney Cruise Lines shall guarantee a minimum of 120,000 passenger visits to the City per year.
o In the event of a shortfall in any given year, Disney Cruise Lines will remit payment at the current wharfage rate plus the applicable “Passenger Service Charge” set forth in the Agreement.
At this time, Disney Cruise Lines has two vessels on the West Coast — Disney Magic and Disney Wonder. Both vessels have a maximum passenger capacity of approximately 3,000 passengers.Though the capacity of these vessels is significantly less than the capacity of other cruise ships that currently visit Avalon, the proposed increased wharfage rate and Passenger Service Fee is anticipated to offset any potential loss of wharfage revenue associated with diminished passenger counts. Additionally, smaller capacity ships may provide an overall more enjoyable experience for passengers as well as other Island visitors and residents. The reduced crowds will result in less congestion, greater activity opportunities, and quicker queuing at the Cabrillo Mole.
All port agreements entered with any cruise line will align with City of Avalon Resolution No. 24- 34 — a resolution that establishes guidelines for approving cruise ship visitation in Avalon.
Per the resolution:
• Number of regularly scheduled cruise ship vessels shall not exceed 3 per week during the Summer Season (Memorial Day to Labor Day) without final written approval of the City Manager and Harbor Master.
• No cruise ship vessels shall be allowed on the weekends during the Summer Season (Memorial Day to Labor Day) or during special event weekends — such as Jazz Traxx — without final written approval of the City Manager and Harbor Master. • Number of regularly scheduled cruise ship vessels shall not exceed 3 per week during the “Off Season” (Labor Day to Memorial Day) without final written approval of the City Manager and Harbor Master.
• Repositioning, infrequent, or small cruise ship vessels (1,000 passengers or less) may be considered for visitation by the Harbor Master, taking into account the day requested, holidays, event(s), harbor activity(ies), impacts to public safety, etc.
City Staff anticipate returning to City Council in the near future with final port agreements with additional cruise line partners.
FISCAL IMPACTS: Staff anticipate the action may have a net neutral effect on future fiscal year wharfage revenue projections.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will not have a port agreement with Disney Cruise Lines.
FOLLOW UP ACTION: Execute the attached Preferential Access Agreement.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: Resolution No. 24-34; Preferential Access Agreement. .
RESOLUTION NO. 24-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON
ESTABLISHING GUIDELINES FOR THE APPROVAL OF CRUISE SHIPS TO VISIT AVALON FOR 2025-2027
WHEREAS, the City of Avalon is a premier island destination for cruise ship vessels in Southern California; and
WHEREAS, the City of Avalon receives cruise ship passengers at facilities publically owned and operated; and
WHEREAS, cruise ship vessels and passengers, respectively, pay wharfage fees, and other taxes and fees as applicable to the City of Avalon; and WHEREAS, the City of Avalon wishes to establish by resolution guidelines for the approval process required by cruise ships wishing to visit Avalon; and WHEREAS, the City of Avalon City Council will review and reapprove the established guidelines every two years.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFAVALON:
1. Number of regularly scheduled cruise ship vessels shall not exceed 3 per week during the Summer Season (Memorial Day to Labor Day) without final writtenapproval of the Harbor Master and City Manager.
2. No cruise ship vessels shall be allowed on the weekends during the Summer Season (Memorial Day to Labor Day) or during special event weekends — such as Jazz Trax —without final written approval of the Harbor Master and City Manager.
3. Number of regularly scheduled cruise ship vessels shall not exceed 3 per week during the “Off Season” (Labor Day to Memorial ‘Day) without final written approval of the Harbor Master and City Manager.
4. Repositioning, infrequent, or small cruise ship vessels (1,000 passengers or less) may be considered for visitation by the Harbor Master, taking into account the day requested, holidays, event(s), harbor activity(ies), impacts to public safety, etc.
5. The Harbor Master and Finance Director will provide an annual report on cruise ship vessels that includes the number of vessels that visit Avalon, number of passengers, amount of wharfage collected, any safety or security incidents that .
may have occurred while the ship was in port, as well as projections and scheduling information for the next year.
6. Guidelines shall be reviewed and re-established by a City Council adopted resolution based on the findings of the annual reports.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon this 3i day of September, 2024, by the following vote:
AYES: Mayor Marshall, Councilmembers De La Rosa and Ponce.
NOES: Councilmember Schickling.
ABSTAIN: Councilmember Lavelle.
ABSENT: None.
Ann H. Marshall, Mayor
City of Avalon, California
ATTEST:
Gabiielle Morones, City Clerk
City of Avalon, California
. .
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS,CITY OF AVALON )
I, GABRIELLE MORONES, DEPUTY CITY CLERK OF THE CITY OF
AVALON, do hereby certify that the foregoing is a true and correct copy of Resolution No. 24-34 and was duly passed, approved, and adopted by theAvalon City Council at the regular meeting of September 3, 2024 by the following vote:
Ayes: Mayor Marshall, Coundilmembers De La Rosa, and Ponce.
Noes: Councilmember Schickling.Absent: None.
Abstain: Councilmember Lavelle.
and that the same has not been amended nor repealed.
Dated this September 5, 2024.
Gabrielle Morones, City Clerk
City of Avalon, California
PREFERENTIAL ACCESS AGREEMENT
THIS AGREEMENT is dated as of the day of October, 2025 (“Effective Date”), by and between The City of Avaton (hereinafter “City”) and MagicaL Cruise Company, Limited diblaDisney Cruise Line (hereinafter “Cruise Line”), a United Kingdom limited liability company.
RECITALS
A. City owns and operates the real estate described in Exhibit A attached and lawfully operates, manages and administers the port generally described as the Cabrillo Mole Ferry Terminal including four docks utilized for berthing tender and ferry boats along with all structures, equipment, and other facilities, all as more particularly described in Exhibit A (collectively, the “Terminal”).
B. City also manages the three anchorage points described in Exhibit B attached (collectively, the “Anchorage”, and collectively with the Terminal hereinafter referred to as the “Port”), where cruise lines anchor their ships when calling on the City as a port ofcall.
C. Cruise Line operates cruise ships worldwide, utilizing cruise ship berths and terminals in ports around the world, including the Port; and
D. City and Cruise Line desire to continue and enhance their relationship through the grant by City to Cruise Line of certain “Preferential Rights”, as more fully described in Article 3 of this Preferential Access Agreement (the “Agreement”).
In consideration of the foregoing, and in consideration of the mutual representations, promises, covenants, agreements, terms, conditions, provisions and other consideration hereincontained, City and Cruise Line do hereby covenant and agree as follows:
1. TERM
1.1. Term. The term of this Agreement will begin on the Effective Date and, unless sooner terminated by law or in accordance with the provisions of this Agreement, end September 14, 2030 (“Term”). Each twelve (12) month period from September 15 to the following September 14 during the Term will be considered a “Contract Year”, e.g., the period from September 15, 2027 through September 14, 2028 shall be referred to as the Contract Year2027-28.
1.2. RnwLflJgiits. Cruise Line may extend the Term up to two (2) times, each for a period of five (5) additional Contract Years (the “RenewaL Period”), by giving written notice to City no earlier than one (1) year prior to the end of the Term (and subsequent Renewal Period if the Agreement is extended). If Cruise Line elects to extend the Term as set forth above, thisAgreement will continue in full force and effect for the Renewal Period pursuant to the terms and conditions of this Agreement.
2. PORT FEE; MINIMUM ANNUAL GUARANTEE
2.1. Fees.
2.1.1. Cruise Line agrees to pay to City:
(i) The cruise ship wharfage rate applicable to all cruise ships, as codified by the Avalon Municipal Code from time to time (the “City Wharfage”), plus (ii) An amount equalto twenty percent (20%) of the applicable City Wharfage rate (the “Passenger Service Charge”). The City Wharfage and Passenger Service Charge is hereinafter collectively referred to as the “Cruise Line Fee” and shall be for the Preferential Rights set forth in Section 3 of this Agreement.
The City Wharfage and Passenger Service Charge will be applied upon each manifested guest on a Cruise Line vessel which makes a call at the Port during the Term of this Agreement; provided however, that the Passenger Service Charge shall not apply to any calls by Cruise Line that occur before September 15, 2027.
For the avoidance of doubt, for all Cruise Line calls to the Port between theEffective Date and September 14, 2027, the City may only collect, and Cruise Line is only obligated to remit, the City Wharfage for each manifested passenger on such Cruise Line vessel visiting the Port. For all Cruise Line calls occurring on or after September 15, 2027, City may collect, and Cruise Line is obligated to remit, the City Wharfage plus the Passenger Service Charge for each manifested passenger on such Cruise Line vessel visiting the Port.
2.1.2. Beginning with Contract Year 2028-29, City may increase the City Wharfage rate charged to Cruise Line by up to two and one-half percent (2.5%) each Contract Year. City will provide Cruise Line written notice of each such adjustment to the Cruise Line Fee at least twelve (12) months prior to the beginning of the Contract Year for which any such adjustment is effective.
2.1.3. City will submit a detailed invoice to Cruise Line for the Cruise Line Fee, including detail on the applicable City Wharfage and Passenger Service Charge (if any), within a reasonable time after each Cruise Line vessel call at the Port. Cruise Line shall pay each invoice to the extent appropriate within sixty (60) days after receipt of each invoice issued by City. If Cruise Line fails to make appropriate paymenton an invoice within thirty (30) days after receipt of written rate notice from City,City may suspend Cruise Line’s right to use any faci[ity within the Port until payment by Cruise Line of the applicable invoice. All invoices shall be submitted to Cruise Line’s current port agent or as may be otherwise specified from time totime by Cruise Line.
2.2. Annual MiimiimRasengeLVisits_andRassengeizService Charge Differential.
2.2.1. Beginning with Contract Year 2027-28, Cruise Line shall use its best commercial efforts to bring at least one hundred twenty thousand (120,000) passengers onCruise Line vessel calls to the Port during each Contract Year (the “Minimum AnnuaL Passenger Visits” or “MAPV”). For clarity, this Section 2.2 shall not apply to any Port calls made by Cruise Line before Contract year 2027-28.
2.2.2. Within sixty (60) days tollowingthe end of each ContractYear, City shall calculate the actual number of Cruise Line passengers visiting the Port for such Contract Year based on the passenger manifests submitted by Cruise Line. City shall send a written notice (the “MAPV DifferentiaL Notice”) to Cruise Line setting forth the difference (positive or negative) between the actual number of Cruise Line passengers and the MAPV for such Contract Year (the “MAPV DifferentiaL”). If the MAPV Differential for any Contract Year is a negative amount (a “ShortfaLL -3
Amount”) or a positive amount (a “SurpLus Amount”), the MAPV Differential Notice shall confirm the Shortfall Amount or Surplus Amount to Cruise Line. All Cruise Line vessels which call at the Port during each applicable Contract Year of the Term shall count towards meeting the MAPV for such Contract Year.
2.2.3. If the MAPV Differential Notice for any applicable Contract Year reflects a Shortfall Amount, Cruise Line shall pay to the City, within sixty (60) calendar days after receipt of such MAPV Differential Notice, an amount equalto (i)the Shortfall Amount multiplied by (ii) the then applicable Cruise Line Fee, subject to Cruise Line’s right to credits for any surplus accrued during the immediately preceding Contract Year as reflected in the Reconciliation Record. The right to receivepayment for any Shortfall Amount shall be the sole and exclusive remedy and inlieu of any other remedy or damages incurred by City due to Cruise Line’s failure to meet the MAPV. The existence of a Shortfall Amount shall not, by itself, constitute an event of default hereunder; provided, however that Cruise Line’s failure to pay any Shortfall Amount as and when due shall constitute an event of default under Article 7.
2.2.4. If the MAPV Differential for any Contract Year is a Surplus Amount, then no Shortfall Amount payment shall be due from Cruise Line for any such Contract Year and City shall enter a credit representing the Surplus Amount into the records maintained by City (the “ReconciLiation Record”). Such Surplus Amount shall be carried forward to the following Contract Year, as a credit against any Shortfall Amount, such that any existing Surplus Amounts accruedduring the immediately preceding Contract Year shall first be credited againstany payment due by Cruise Line for any Shortfall Amount; provided, however, that:(a) the value of any such Surplus Amount eligible to be carried forward on an annual basis shall not exceed five thousand (5,000) Cruise Line passengers; and (b) the credit eligible for application shall be limited to the Surplus Amounts accrued in the immediately preceding Contract Year. At the end of each Contract Year and at the end of the Term or the termination of this Agreement for any reason whatsoever, City shall be entitled to retain any accrued Surplus Amountsremaining in the Reconciliation Record pertaining to this Agreement. 4 2.3. tcLLEQrceMajeure on MAPV. If Cruise Line does not meet its MAPV in any Contract Year due to a Force Majeure Event (as hereinafter defined), then this Agreement wifl. be modified to reduce the MAPV by an amount equal to the average number of Cruise Linepassengers per call at the Port (based on the passenger manifests submitted by CruiseLine) during the twelve (12) month period prior to the Force Majeure Event, multiplied by the number of calls missed due to the Force Majeure Event.
2.4. MtcrIaLdverso ang. If any new or change of applicable law is enacted, whether such law or regulation governs or relates to Cruise Line’s obligations and performance under this Agreement, which imposes a new (or increases an existing) fee, tax or other requirement which, in Cruise Line’s opinion, reasonably exercised, could have a material adverse effect (USD$500,000 or greater, in the aggregate) on Cruise Line and/or itsdivisions, subsidiaries or affiliates (a “MAC Event”) during the Term and such adverseeffect could be avoided or reduced, in whole or in part, by repositioning Cruise Line’s vessels, Cruise Line shall have the right to immediately terminate this Agreement, without liability to City whatsoever (a “MAC Termination”). Written notice of a MAC Termination shall be delivered by Cruise Line to City within ninety (90) calendar days after Cruise Line’sactual knowledge of the occurrence of a MAC Event.
2.5. AddJtiQnaLFe. City must provide, at a minimum, twelve (12) months advanced written notice in the event City intends to incorporate any new levy, charge or fee imposed or assessed by City against Cruise Line and all other multi-day passenger cruise lines calling on the Port after the Effective Date. When City is contemplating a new fee that may impactCruise Line, City will provide Cruise Line with at least seven (7) days’ prior written notice (or the notice period required by applicable law, whichever is longer) in advance of anypublic meeting where such fee will be considered.
3. PREFERENTIAL RIGHTS
3.1. QrjjIsoLineSchedule. Cruise Line shall submit a cruise ship berthing schedule (“Cruise Line ScheduLe”) not less than eighteen (18) months prior to start date of each fall/winter cruise season and/or each summer cruise season. The fall/winter cruise season begins on 5 September 15 and runs through May 15 of each calendar year. The summer cruise season begins on May 16 and runs through September 14 of each calendar year. The Cruise Line Schedule must include the specific dates reserved and the Cruise Line vessel name.
Within seven (7) business days after receipt of the Cruise Line Schedule required by this section, the City shall confirm in writing the dates reserved by Cruise Line. The mostcurrent Cruise Line Schedule (as of the Effective Date) is attached as Exhibit C.
3.2. Rreferential_Rights. With respect to the Cruise Line Schedule, beginning with Port visits scheduled on or after September 15, 2027 through the end of the Term, City agrees to grantCruise Line with the following Preferential Rights to access one (1) Anchorage and thecorresponding Terminal:
(i) Forthe period beginning September15 of each calendaryear and through May l5of the following calendar year Cruise Line will hold preferential rights for every Saturday and Tuesday.
(ii) For the period beginning May 16 of each year and through September 14 of the same year Cruise Line will hold preferential rights for every Tuesday.
The rights set forth in this Section 3.2 wiLl collectively be referred to as the “PreferentiaL Rights”. City shall make the applicable Anchorage and Terminal available to Cruise Line for the anchoring of the Cruise Line vessels over any other vessel owner or operator.
3.3. Qthei Cruis riesSchedule Changes. City may accept ships from other cruise lines at the applicable Anchorage at its discretion only during the period covered bythe Cruise Line Schedule (i.e., not beyond the time period covered by the Cruise Line schedule) if doing so does not conflict with the then current Cruise Line Schedule. City will use its bestcommercial efforts to accommodate any request by Cruise Line to use the Anchorage and Terminalthat is received by the City after the deadlines specified in Section 3.1; provided, however, any failure by the City to accommodate such late requests shall not constitute an event of default under this Agreement.
3.4. CrjjIseUne’sRightsJo Use Poit. Subject to City’s reasonable rules and regulations 6 applicable to all operators at the Port, the grant of Preferential Rights shall include: (a) the right of ingress and egress to and from the Terminal for its officers, cruise agents, employees and passengers and those of its principals; and, (b) the right to use all passenger facilities (if any) located therein.
4. OBLIGATIONS OF THE PARTIES
4.1. Cityeniza1 ObUgations. City shall, throughout the Term, ensure that the Anchorage, the Terminal and ancillary Port facilities are maintained and operated in compliance with City ordinances, codes and other applicable federal, state and local laws, consistent with good maritime practices and industry standards, and otherwise as necessary to ensure the Port is able to be utilized by Cruise Line for its intended purpose.
4.2. CiuiseLins3eneiaLQb1igatLQn. Cruise Line shall, throughout the Term, operate in compliance with applicable City ordinances, codes and applicable federal, state and local laws and in a manner consistent with good maritime practices and industry standards.
4.2.1. It is the responsibility of Cruise Line to arrange tendering and any other services necessary for the safe movement of passengers to and from the Cruise Line vessels.
4.2.2. For the Term, in the event Cruise Line requires the services of a third-party entity for necessary services identified in this Section 4.2, Cruise Line is responsible forthe contracting of such services.
4.3. Cruise Lina Eedhk. During the Term, City may request Cruise Line to provide reasonable feedback or non-binding suggestions regarding guest service, culture and general improvements to the Terminal and Port that may benefit Cruise Line (“Feedback”). Theparties shall meet not less than once and not more than twice each Contract Yearto discuss anytopics in respect of which City maywish for Cruise Line to provide Feedback. The Partiesalso acknowledge that City may desire to engage Cruise Line and/or its affiliates in other projects relating to the Terminal or Port and that the Parties will discuss the scope of CruiseLine’s involvement (if any) in such projects and any separate or additional contracts thatmay be needed. 7 5. INSURANCE
5.1. Insurance Coverages. Cruise Line shall procure and maintain in fulL force and effect during the Term, paying as the same become due all premiums therefore, the following insurance:
5.1.1. Protection and Indemnity and Pollution Liability: protection and indemnity (P&I) insurance for the following: collision liability insurance or equivalent insurance for each Cruise Line vessel; death of, or personal injury to, one or more persons and for property damage; Pollution insurance covering accidental or incidentalreleases originatingfrom any Cruise Line vessel; all such coveragesto have limits of no less than ten million US Dollars ($10,000,000).; and
5.1 .2. General Liability: general Liability insurance (including contractual liability) written on a per occurrence limit of not less than ten million US Dollars ($1 0,000,000) insuring against the liability of Cruise Line; and
5.1 .3. Hull: hull insurance on Cruise Line vessels at the replacement cost.
5.2. PrOQf QfJrisuianc. Upon receipt of a written request, Cruise Line shall furnish City with proof of insurance coverage.
5.3. City shall procure and maintain in fulL force and effect and at its sole cost and expense during the Term, property insurance coverage on the Anchorage and Terminals against loss or damage by fire, hurricane, windstorm, flood, earthquake and all other risk with all risks’endorsement or its equivalent.
5.4. In addition, City shall procure and maintain at its sole cost and expense the following insurance coverage throughout the Term:
5.4.1. Comprehensive General Liability Insurance. Comprehensive generaL liability insurance with limit of liability of not less than Five Million Dollars ($5,000,000) from any one occurrence for all injuries or deaths and property damage liability including, commercial general liability for premises/operations, and contractual liability coverage.
8 5.4.2. Comprehensive Motor Vehicle Liability Insurance. Business Automobile Liability in the minimum amount of One Million Dollars ($1,000,000) per occurrence for all owned, non-owned and hired autos operating in or out of the Port. The Business Auto Liabilitypolicy shall name Cruise Line as an additional insured.
5.4.3. Workers’ Compensation Insurance. Workers’ compensation insurance for all employees for statutory limits in compliance with the applicable state and federal laws, with employer’s liability coverage of not less than One Million Dollars ($1,000,000).Whenever applicable, coverage shall also include Federal Longshore and HarborWorkers Compensation Act in an amount of not less than One Million Dollars ($1 ,000,000).
Primary Insurance. With respect to City’s operations at the Terminal and its obligationsunder this Agreement, all insurance required in this section shall be primary andnoncontributory to any similar insurance that may be carried by Cruise Line for City operations.
6. DEFAULT
6.1. Default. Each of the following events shall be deemed an event of default under this Agreement and a material breach of the terms, covenants and conditions of this Agreement.The non-defaulting party may terminate the Agreement upon written notice to the other party as provided for herein.
6.1.1. Failure to pay the fees due under this Agreement for.a period of ten (10) business days after the date of receipt by Cruise Line of a written notice of Late payment from City.
6.1.2. Except as provided in Section 6.1.1 above, breach of a material term, covenant or condition for a period of thirty (30) days after the non-breaching party gives the breaching party written notice specifying the particular breach; provided,however, that if such breach cannot reasonably be cured within thirty (30) days, the party receiving such notice shall not be in default if it commences to cure 9 such breach within said thirty (30) day period, diligently prosecutes such cure to completion, and completes such cure within one hundred eighty (180) days.
7. MISCELLANEOUS
7.1. Hadiogs. The headings in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement.
7.2. NQiJcf. All notices hereunder shall be in writing and shall be delivered personally, by certified or registered mail, or by recognized courier (e.g., FedEx, UPS, DHL) addressed as follows:
With Copy To:
Scott Campbell
To City:
David M. Maistros
City Manager
410 Avalon Canyon Rd.
P.O. Box 707
Avaton, CA 90704
[email protected]
[email protected]
To Cruise Line:
If by US Postal Service:Disney Cruise LineP0 Box 10210Lake Buena Vista, FL 32830 Attn: Vice President, Port Strategy
Email: [email protected]
With Copy To:
Legal Dept.
Attn: Disney Cruise Line Legal
1375 Buena Vista Drive
4th Floor North
Lake Buena Vista, FL 32830Email:
If by courier:Disney Cruise Line
210 Celebration PlaceCelebration, FL 34747
Attn: Vice President, Port Strategy
Email: [email protected]
10 to such other respective addresses as any party hereto may hereafter from time to time designate in writing. Notices shall be deemed delivered (i) when personally delivered;(ii) on the third day after mailing when sent by certified or registered mail, and the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing; (iii) on the first business day after deposit with a recognized courier if deposited in time to permit overnight delivery by such courier as determined by its posted cutoff times for receipt of items for overnight delivery to the recipient. Parties providing a notice hereunder shall also provide a courtesy copy of the notice via emailto the email addressesindicated above
7.3. GoverningLaw Determination of Disputes. This Agreement shall be governed by and interpreted in accordance with the admiralty and maritime laws of the United States and, to the extent applicable, the law of the State of California to the exclusion of all choice-of4aw rules which might otherwise be applicable. Any legal proceeding of any nature brought byeither party against the other to enforce any right or obligation under this Agreement, orarising out of any matter pertaining to this Agreement or the services to be performed hereunder, shall be brought and maintained exclusively before the Superior Court of California in and for California; or, if the Superior Court does not have jurisdiction, then before the United States District Court for the Central District of California; or if neither of such courts shall have jurisdiction, then before any other court sitting in California havingsubject matter jurisdiction. The parties consent and submit to the jurisdiction of any suchcourt and agree to accept service of process outside the State of California in any matter tobe submitted to any such court pursuant hereto, and expressly waive all rights to trial by juryregarding any such matter.
7.4. CmplettAgreernent. This Agreement contains the complete agreement of the parties hereto with respect to the subject matter of this Agreement and shall supersede allprevious communications, representations, or agreements, either oral or written, between the parties relating to such subject matter, including specifically that certain Term Sheet between the parties dated February 2025. No change, alteration or modification of this Agreement shall be effective unless made in writing and signed by both parties hereto. Nowaiver of any breach of covenants herein shall be construed as a waiver of the covenant itself or any subsequent breach thereof.
7.5. Sevarability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired orinvalidated.
7.6. eiatjnshipf Parties. Nothing contained in this Agreement shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between City and Cruise Line.
7.7. Interpretation and DeiLnitions. The language in all parts of this Agreement shall in all cases be simply construed according to its fair meaning and not strictly for or against City or Cruise Line. The words “herein,” “hereof,” “hereunder,” and other similar compounds of the word “here,” when used in this Agreement shall refer to the entire Agreement and not to any particular provision or article.
7.8. Parties. The neuter gender includes the feminine and mascuLine, and the singular number includes the plural, and the word “person” includes a corporation, partnership, form or association wherever the context so requires.
7.9. BindIngffact. This Agreement shall bind and inure to the benefit of City and Cruise Line, and any such successors or permitted assigns of City and Cruise Line. Neither party shall assign this Agreement to another third party without the prior written consent of the other party.
7.10. Eorc Majnure. City and Cruise Line are excused from performing any of their respective duties, obligations or undertakings under this Agreement in the event, so long as, and to the extent that the performance of such duty, obligation or undertaking is prevented, delayed, retarded or hindered by causes or conditions beyond the sole control of City,Cruise Line and their agents and employees including, without limitation, acts of God, extreme weather and act of state or war, public emergency, strikes related to the operation in the Port, work stoppages or labor troubles of any other type (whether affecting City, Cruise Line, its divisions, subsidiaries and affiUates) includingthe negligence or intentional 12 acts of third parties, with respect to fire or catastrophic events regarding berths, piers, channels, turning basins, terminal buildings, vessel destruction, vessel mechanical problems of a material nature, fire or catastrophic marine casualty, theft or seizing of the vessels (a “Force Majeure Event”); provided that the party claiming the existence of a Force Majeure Event delivers written notice to the other party of such event within fifteen (15) calendar days after the commencement of such event. The existence of a Force Majeure Event shall not be a cause for termination of this Agreement; provided, however, that if the performance of any such duty, obligation or undertaking is prevented, delayed, retarded or hindered for a period of one hundred eighty (180) days, either party may terminate this Agreement without liability by delivering written notice of termination to the other party within thirty (30) days after that date.
7.11. NioExciusive Rernedies. No remedy or election given by any provision in this Agreement shaLl be deemed exclusive unless expressly so indicated. Wherever possible, the remedies granted hereunder upon a default of the other party shall be cumulative and in addition to all other remedies at law or equity arising from such event of default, except where otherwise expressly provided.
7.12. CrUiSe Li Name. Except as otherwise permitted in this Agreement or under another written grant or other written license by Cruise Line or one of its affiliated, subsidiary, parent or related companies, City shall acquire no right to use, and City will not use, the name “Disney” (either alone or in conjunction with or as a part of any other word or name), or any fanciful characters, designs, trademarks, tradenames or copyrighted works of The Walt Disney Company or any of its related, affiliated or subsidiary companies in any advertising, publicity or promotion; to express or imply any endorsement by Cruise Line ofCity’s services; or in any other manner whatsoever (whether or not similar to the uses hereinabove specifically prohibited). The provisions of this Section 7.12 will be an independent covenant and will survive the expiration or sooner termination of this Agreement or any rights or obligations under this Agreement.
7.13. Asignment. This Agreement is for the personal services of City and may not be assigned by City in any fashion, whether by operation of law, or by conveyance of any type without the prior written consent of Cruise Line, which consent Cruise Line may withhold in its sole 13 discretion. Cruise Line retains the right to assign allor any portion of this Agreement at any time. Upon such assignment, and provided the assignee shall, in writing, assume Cruise Lines obligations under this Agreement, Cruise Line shall be automatically released and discharged from any and all of its obligations under this Agreement, and City shall thenceforth look solely to the assignee for performance of Cruise Lines obligations under this Agreement.
7.14. Waiver of Maritime Lie n. City has no right to pledge the credit of Cruise Line or any vessel owned or operated by Cruise Line (the “VesseL”) in any manner or sum whatsoever. City shall not contract with any supplier of goods or services unless the supplier executes a purchase order containing a conspicuous notice to the effect that City has no right or authority to bind Cruise Line or Vessel or create a lien upon them and that by acceptance of such purchase order, the supplier acknowledges that it looks solely to City and not to Cruise Line or the Vessel for payment of goods or services ordered. Neither City nor City’s employees, agents or contractors shall have the right to assert maritime liens on the Vessel for any payments due to them. In the event that a lien is placed on the Vessel in contravention of the terms hereof or as a result of any act, omission or neglect by City or City’s employees, agents or contractors, City shall remove immediately, by bond or otherwise, any such lien and in the event Cruise Line has incurred any costs, losses, damages or expenses, including reasonable attorneys’ fees, as a result of the placement of a Lien on the Vessel in contravention of the terms hereof then City shall immediately indemnify Cruise Line therefor.
7.15. Countejparts. This Agreement may be executed in several counterparts, each of which will be deemed an original, and allsuch counterparts togetherwill constitute one and the same instrument. Additionally, this Agreement may be executed in any number of duplicate originals, each of which will be deemed to constitute but one and the same instrument. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an originalsigned copy of this Agreement.
14 In consideration of the foregoing, City and Cruise Line have executed this Agreement as of the Effective Date.
MAGICAL CRUISE COMPANY, LIMITED
dibla DISNEY CRUISE LINE
By:
Name:
_________________________________
Its: ___________________________________ CITY OF AVALON By:
Name:Its: ______________________________________ 15
EXHIBIT
A
TERMINAL DESCRIPTION
16 EXHIBIT B
ANCHORAGE POINTS
Anchorage A Anchorage B Anchorage C’
Catalina 33’’ .2(Y 59M” N 33 20 3X.3’ N 33 21 21.0 N
Anchorages I I W I 56.2 W 1 ISC I 31$” 1 1 X 19 16.7” W I)epth ol Waier !\ncbora!e A: 30—40 ftulioms
Anhorac Ii: 40—45 fathoms
Aachorai (.: 35—40 kitlioms
17 EXHIBIT
C
CRUISE LINE SCHEDULE
18 CITY OF AVALON CITY COUNCIL
MEETING DATE: October 7, 2025 AGENDA ITEM:
ORIGINATING DEP: Finance CITY MANAGER:
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Award Cost of Service Study for Sewer, Saltwater, and Solid Waste Enterprise Funds
RECOMMENDED ACTION(S): (1) Award contract and authorize City Manager to execute an agreement with HDR Engineering, Inc. (HDR) to provide a cost of service study for the City of Avalon’s Sewer, Saltwater, and Solid Waste Enterprise Funds for an amount not-to-exceed $68,530; (2) Amend the Solid Waste Fund budget increasing the Solid Waste professionalservices account (13125-5005) by $28,000 to cover its proportional share of the project costs.
REPORT SUMMARY: The City provides Sewer, Saltwater, and Solid Waste services to approximately 1,400 residential and commercial parcels within the city limits. These utilitiesoperate as enterprise funds, where rates and fees within each fund are set to cover the costsof providing the respective services to customers. The process for increasing rates is subject to Proposition 218. HDR performed the last cost of service study for these enterprise funds in June 2021. The most recent cost of service study included adopted service fees for theenterprise funds covering five (5) fiscal years ending June 30, 2026.
At the July 1, 2025 City Council Meeting, the City Council directed City Staff to issue a request for proposals (RFP) for consulting services to develop cost-based and equitable sewer, saltwater, and solid waste rates, including grease collection, supported by a cost of servicestudy. The ultimate goal of the study is to provide adequate and sustainable funding for each utility’s operation and maintenance (“O&M”) and capital needs, with rates that are stable, equitable, cost-based, and defendable. The City issued the RFP on Thursday, July 3, 2025 with proposals due by Wednesday, August 20, 2025 at 4:00 PM. The City received one bid by the initial deadline; however, the City identified an issue with the posting of the RFP and directly solicited bids from four additional qualified firms to ensure a competitive procurement process. The City initially extended the deadline for proposals to Thursday, September 11, 2025 to the four firms solicited and further extended the deadline to Thursday, September 18,2025 at the request of one of the firms. The City received one additional bid by the extendeddeadline.
Firm Proposal AmountHDR, Inc. $68,530
Raftelis $81,325
City Staff evaluated the two proposals and recommends awarding the contract to HDR, Inc. and authorizing the City Manager to execute an agreement to provide a cost of service study for a not-to-exceed amount of $68,530.
GOAL ALIGNMENT: Fiscal responsibility
FISCAL IMPACTS: Cost of study included in FY25-26 Sewer and Saltwater Budgets for professional services (10725-5005 - $36,000; 11225-5005 - $6,000). Solid Waste Budget forprofessional services (13125-5005) to be amended by $28,000 to cover its proportional share of the study costs.CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Sewer, Saltwater, andSolid Waste revenues will not cover the costs for these services requiring draws on fund balance and/or transfers from the General Fund to support these operations.FOLLOW UP ACTION: Draft and execute contract agreement.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENTS: HDR Executive Summary and Fee Proposal /
August 20,
2025
REQUEST FOR PROPOSAL
Sewer, Saltwater, and
Solid Waste Cost ofService StudyCity of Avalon
FY
I.
— 01 Executive
Summary
j
[
FY
August 20, 2025
City ClerkCity of Avalon
410 Ava Ion Canyon Road
P.O. Box 707
Avalon, California 90704
RE: City of Avalon - Proposal to Conduct a Sewer, Saltwater and Solid Waste Cost of Service Study Dear City of Avalon, City Clerk,
HDR Engineering Inc. (HDR) looks forward to the opportunity to provide the City of Avalon (City) with therequested professional and technical assistance to develop cost-based and proportional sewer, saltwater, and solid waste rates including grease collection rates study (Study). The overarching objective of the Study will be to develop rates which provide adequate and sustainable funding for each utility’s operation and maintenance (O&M) and capital investments, while providing user rates that are stable, cost-based, proportional, and developed to meet the requirements of Proposition 218.
HDR Engineering, Inc. (HDR) has successfully conducted the last two comprehensive rate studies for these utilities (2017 and 2021). As a result, our project team is familiar with these utilities and the technical challenges they pose. Additionally, we understand the City’s objectives to be achieved from the Study based onthe previous work with the City. Although there will be new challenges related to significant capital investments in sewer and saltwater as well as the planning around uncertainty with solid waste disposal in the future, HDR is confident that our experience with the City and elsewhere will allow us to guide discussions and developpractical solutions.
The basis for the City’s proposed sewer, saltwater, and solid waste rates must be clearly understood, welldocumented, and follow generally accepted methodologies in order to meet the requirements of Proposition 218 as outlined in the California constitution article XIII D, section 6 (Article XIII D). This is critical given the legal challenges to utility rates over the last decade as well as recent laws that have gone into effect. HDR is exceptionally well qualified to conduct the Study for the City for the following reasons:
HDR has extensive experience in developing municipal utility rates having provided these services for over 45 years. We have worked extensively in California and HDR recently completed rate studies for the City of San Luis Obispo, City of Stockton, City of Santa Maria, City of Belmont, and City of Santa Barbara. Our experience with these local California utilities demonstrates our depth of experience, technical knowledge and expertise,specifically as it relates to Proposition 218 requirements.
HDR has a proven and effective approach to establishing cost-based and proportional utilities rates formunicipalities such as the CityHDR provides effective presentations to governing bodies and consistently develops feasible and acceptable solutions for implementation, based upon the specific and unique conditions and circumstances of our clients.Josiah Close, HDR’s proposed project manager (PM) for the City’s Study, is recognized for his expertise in rate and fee setting studies and was the PM for the City of Santa Maria and City of San Luis Obispo rate studies 3220 El Camino Real, Suite 200 Irvine CA 92602
HDR provides engineering, consulting services, and scientific studies to clients across the U.S. HDR is a national firm with over 14,000 employees in 225 offices worldwide. HDR has 15 offices in California, including offices in San Diego, Los Angeles, Ventura, Sacramento, and Walnut Creek. HDR has provided financial andrate consulting services to public utilities for over 45 years. HDR is well respected for the quality of our work and our personnel. HDR has a strong history of providing quality rate studies, while working effectively with stakeholders and governing bodies. Within HDR, there is an established group - the Utility Rates and Finance Group — that has over 45 years of experience providing services to water, wastewater, recycled water, solidwaste, storm water, and electric utilities. Through this experience, HDR has attained a national reputation in utility financial planning, cost of service analysis, and rate setting.
Our proposed project team is exceptionally strong and experienced in developing comprehensive utility ratestudies. A very similar team has been selected as was used for the prior work with the City. Our proposedproject manager, Josiah Close, led the technical development in the two prior studies. Josiah has over 14 years of rate setting experience. Josiah has worked with numerous California utilities to develop cost-based utility rates that meet the intent of Proposition 218. For the City’s Study, he will be assisted by Shawn Koorn and Jack Adams. Shawn Koorn was the project manager previously for the City and will use this intimate knowledge to provide quality assurance and quality control for the Study. Jack recently joined HDR, quickly becoming an asset to the team and will lead the development of the technical analyses. All three individuals are well qualified andexperienced having completed numerous rate studies throughout California. No subconsultants are assumed the Study.As with the City’s two prior cost of service studies, HDR proposes to develop the Study using generallyaccepted rate setting methodologies. While the Study will use generally accepted methodologies, they will be tailored to the City’s unique facilities and customer characteristics. The Study will have three analyticalelements for each utility: a revenue requirement analysis, a cost of service analysis, and a rate designanalysis (each will be described in more detail in Section 10) to support the proposed rate and proportionality requirements of Proposition 218.Ultimately, the success of all rate studies hinge on the ability to convey complex and detailed information to the governing body in order to gain support for the study’s recommendations. A study with a strong technical analysis may fail due to the inability of the consultant to explain the study’s findings, conclusions, and recommendations in an understandable manner. HDR excels at this aspect of the study and Josiah Close hasproven he has the ability to communicate complex principles and ideas in easy to understand terms. This is what makes HDR’s public presentations so successful.We look forward to working with your team to provide the forthcoming rate study. If you have any questions regarding our RFP, please contact Josiah Close at 425.614.9124 or [email protected].
Sincerely,HDR Engineering, Inc.
Anna Lantin Josiah Close,Vice President, Southern California Area Project Manager Operations Manager
3220 El Camino Real, Suite 200 Irvine CA 92602 II
07 Fee Proposal
City of Ava Ion I Section 071 Fee Proposal
Fee Proposal
The City, within their RFP, requested a lump-sum, not-to-exceed fee to provide the services identified in the proposed scope of work (Section 7). HDR has developed a detailed fee proposal, by task and individual, based on Section 7 for the proposed sewer, saltwater and solid waste cost of service study.
Fee ProposalOur proposed hourly rate schedule, by classification, is provided below. These hourly rate schedules will be in effect during the course of the Study.
STAFF I JOB DESCRIPTION RATE ($1 HR.)Josiah Close Project Manager $230Jack Adams Financial Analyst $140 Shawn Koorn Quality Control / Quality Assurance $345
Dean Gipson Project Principal $405
Several Project Administration $150
The billing rates shown above cover payroll cost, employee benefits, and HDR overhead and profit. If out ofscope work is completed, it shall be billed using the hourly billing rates in effect. Given the above hourly billing rates and the proposed scope of services, HDR has developed a detailed fee proposal for the City’s Study. 20 City of Avalon I Section 07 Fee Proposal
Hourly Billing Rates $230 $405 $345 $140 $150
Project Management
1 Hours- 7 3 0 0 27 37
Labor Cost- $1,610 $1,215 $0 $0 $4,050 $6,875
Initial Project Meeting
2 Hours- 3 0 0 4 0 7
Labor Cost- $690 $0 $0 $560 $0 $1,250
Data Collection and Review
3 Hours- 4 0 2 7 0 13
Labor Cost- $920 $0 $690 $980 $0 $2,590
Revenue Requirement Analysis
4 Hours- 18 0 5 44 0 67
Labor Cost- $4,140 $0 $1,725 $6,160 $0 $12,025
Cost of Service Analysis
5 Hours- 22 0 7 50 0 79
Labor Cost- $5,060 $0 $2,415 $7,000 $0 $14,475
Rate Design
6 Hours- 14 0 5 31 0 50
Labor Cost- $3,220 $0 $1,725 $4,340 $0 $9,285
Financial / Rate Model
7 Hours- 3 0 2 7 0 12
Labor Cost- $690 $0 $690 $980 $0 $2,360
Written Report
8 Hours- 10 0 7 27 0 44
Labor Cost- $2,300 $0 $2,415 $3,780 $0 $8,495
Public Presentation
9 Hours- 22 0 3 7 0 32
Labor Cost- $5,060 $0 $1,035 $980 $0 $7,075
Total Hours 103 3 31 177 27 341
Total Fees $23,690 $1,215 $10,695 $24,780 $4,050 $64,430 Percentage of Hours by Employee 30.2% 0.9% 9.1% 51.9% 7.9% 100.0% Expenses
Airfare (4 Trips @ $400/roundtrip) $1,600
Hotel (4 Nights $300/night) $1,200
Ferry Ride (4 Trips @ $100/roundtrip) $400Parking/Miles/Meals/Etc. $800 Copies/Printing $100
Total Expenses $4,100
Grand Total Project Fee Estimate $68,530
HDR is estimating a total fee of $68,530 for the proposed services to be provided. If selected by the City, HDR is willing to negotiate a final scope of services and fee.
Estimated Project Time Schedule
A rate study of this complexity generally requires six to nine months to complete depending upon a number ofdifferent factors. The REP mentioned an early September award of contract and rates implemented July 2026 (EY2026-27). Based on this and HDR’s familiarity with the City, we can commit to the schedule outlined in the REP.Summary Our scope of services has been developed based upon our understanding of the City’s needs as described in the REP. HDR is willing to adjust our proposed scope of services of the Study to meet the specific needs of the City.
I Fir..........l Task Task Description PM Project QA/QC Analyst I Acct./Admln. Total Project Principal 21 CITY OF AVALON CITY COUNCIL
MEETING DATE: October 7, 2025 AGENDA ITEM: 0
ORIGINATING DEP: Administration CITY MANAGER:________
PREPARED BY: Devin Hart, Senior Management Analyst
Robert Greenlaw, P.E., City Engineer
SUBJECT: Cabrillo Mole Revitalization Project Phase I — Remainder of Work and Phase II — Wharf Infill Contract Award
RECOMMENDED ACTION(S): Award contract to Slater Waterproofing, Inc. for the Revitalization Project Phase I — Remainder of Work and Phase II — Wharf Infill Project for a not to exceed sum of $950,000.
REPORT SUMMARY: On October 22, 2024, the City Council approved the design plan and authorized procurement for Stage 0 of the Cabrillo Mole Revitalization Project.
The Cabrillo Mole Ferry Terminal is a multimodal transportation hub used by cross-channelcarrier passengers traveling between the City and the mainland, cruise ship disembarkmentlembarkment, and serves as the primary entry point to the City. In 2020, the City completed Phase 1 of the Cabrillo Mole Rehabilitation Project which included the rehabilitationand reinforcement of the existing concrete members, replacement of the steel grates, and repaired the concrete deck and railing — for a total project cost of $5.10 million.
The next portion of the project, budgeted at $20 million, will replace and reconfigure the existing building and structures to improve passenger queuing and adjacent transportation circulation.
In order to accommodate sustained, mostly uninterrupted operations of the Cabrillo Mole, construction of the new facility has been broken into 10 construction stages. The Pre Construction Stage — Stage 0 — includes four steps. The first step will complete a scope of workassociated with the Phase 1 project as well as include installation of grates at the old steamer ramp ways along the easterly face of the Mole wharf.
This portion of the project utilized a competitive procurement as outlined in Avalon Municipal Code Section 3-4.106(d). The City solicited a request for bids (RFB) from qualified contractors to complete the Phase I scope of work as well as install grates over the top of two existing cut outs along the easterly face of the Mole. These grates will allow construction and emergency vehicles an approximate twenty-foot pathway so they may access the full length of the molethroughout the construction project. The grates will become a permanent addition to the mole wharf.
The RFB was published on the City’s website, www.CityofAvalon.gov/rfp, as well as on Public Purchase on August 28, 2025. A non-mandatory pre-bid meeting was held on site and virtually on Thursday September 4. Only one prospective bidder attended the meeting.
The bid deadline was extended by request of a prospective bidder on September 11. The bidding deadline officially closed on Monday September 15 at 4 p.m. The City received one bid by thestated deadline from Slater Waterproofing, Inc. In addition to being the only bidder to submit, Slater Waterproofing, Inc. completed the initial Phase I scope of work making them an excellent contractor for this project as they are already familiar with the facility, varying weather conditions that may be presented and other logistical nuances.
City Staff recommends the City Council awards the contract to complete Cabrillo Mole Revitalization Project Phase I — Remainder of Work and Phase II — Wharf Infill Project to Slater Waterproofing, Inc. for a not-to-exceed sum of $950,000.
City Staff anticipates this project will be completed by early 2026.
The procurement process for the remaining three scopes of work associated with Stage 0 are all underway. Staff anticipate returning to City Council in the forthcoming months to award contracts for the (1) installation of utility systems and other temporary infrastructure to support the future Cabrillo Mole facility as well as temporary facilities, (2) purchase of long-lead equipment associated with the upgraded utility system, as well as (3) purchase temporary facilities.
FISCAL IMPACTS: Undetermined.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not have a plan to support the construction of the Cabrillo Mole Project.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: Slater Waterproofing, Inc. Bid.
00 41 43 — BID FORMS
BID
Bids will be received via Public Purchase or at 410 Avalon Canyon Road, Avalon, CA 90704until 4:00 p.m. on Thursday, September11, 2025.
Cabrillo Mole Revitalization Project — Phase I — Remainder of Work and Phase 2 — Stage 0 — Wharf Infill
NAME OF BIDDER: Slater Waterproofing, Inc.
To the City of Avalon, with its principal place of business at 410 Avalon Canyon Road, P.O. Box707, Avalon, CA 90704.
A. In response to the Notice Inviting Bids dated August 28, 2025 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials andequipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto,and at the prices stated opposite the respective items set forth in the Bid Schedule.
B. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 calendar days after the date set for opening of bids, or until a Contract is executed by the Cityand a third party, whichever is earlier.
C. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefullyreviewed the accuracy of all statements in this Bid and attachments hereto; and that itunderstands and agrees that the City will not be responsible for any errors oromissions on the part of the undersigned in preparing this Bid.
D. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) calendar days after date of receipt of Notice of Award, a signed Contract andthe necessary performance bond, payment bond, and certificates of insurance and endorsements.
E. The following Bid Forms, which have been completed and executed by the undersigned Bidder, are incorporated by this reference and made a part of this Bid:
1. Bid Schedule
2. Bid security in the amount of not less than 10% of the Total Bid Price.
3. Completed Designation of Subcontractors form.
4. Fully executed Noncollusion Declaration form.
CbriIIo Mole Revitalization Project— Phase 1 — -12- 0041 43—BID FORMSRemainder of Work & Phase 2—Stage 0— Wharf Infihl 65059.00000\40059964. I
r
5. Completed Iran Contracting Act Certification form.
6. Completed Public Works Contractor DIR Registration Certification form.
7. Completed Contractor’s Certificate Regarding Workers’ Compensation form.
8. Completed Bidder Information and Experience Form.
F. Bidder is an individual
_______,
or corporation X , or partnership _______ organized under the laws of the State of California G. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the Contract is awarded to the undersigned.
1. Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor’s License Law of the State of California.
License 373368
Expiration 04/30/2027License classification A, B, C33, C61!D51, D6, D12
1. Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor’s License Law of the State of California.
Member No. 1
NameLicense number_______________________________________________ Expiration date______________________________________________License classification__________________________________________ Member No. 2
NameLicense number_______________________________________________Expiration date______________________________________________License classification__________________________________________ (If there are more than two members of the joint venture, attach a page for theadditional member(s) with the above information.) Cabrillo Mole Revitalization Project — Phase 1 — -1 3- 00 41 43 — BID FORMSRemainder of Work & Phase 2— Stage 0— \Nharf Infill 65059.00000\40059964. I
The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:
Addenda No. 147..
[SIGNATURE ON NEXT PAGE]
Cabrillo Mole Revitalizabon Project— Phase 1 — -14- 0041 43 — SID FORMS Remainder of Work & Phase 2 — Stage 0— Wharf Infill
65059.00000\40059964. I
I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.
BIDDER: Bidder’s Business Address:
Slater Waterproofing, Inc.
(Company Name)
By ?Az ?atSJ
(Signature) ‘
Chad Gamell
(Type or print name)
Vice President
(Title)
Montclair, Ca.
(Where signed) (City, State)Dated: September 10 , 20
State of Incorporation: California
5577 Arrow Hwy
Montclair, Ca. 91763
(corporate seal)
Names and addresses of all partners or joint venturers:
Statement of the authority of signatory to bind Bidder:
Cabrillo Mole Revitalization Project — Phase 1 — Remainder of Work & Phase 2 — Stage 0— Wharf lnf,ll 65059.00000\40059964. I
-15- 00 41 43—BID FORMS
BID SCHEDULE
UNIT OF EST. NO. ITEM DESCRIPTION UNIT PRICE ITEM COST MEASURE QTY.
1. Mobilization LS 1
2. Utility Potholing LS 1 Q 0
3. Deck Spall Repair SF 275 258 70,950
4A Deck Soffit Repair SF 300 383 114,9004B Deck Beam Spall Repair SF 425 365 155,125 5 Deck Crack Repair LS 1 15,836 15,8366. Corrosion Protection [S 1 14,000 14,0007. Replace Steel Grating LS 1 757Q 7,570
8. Replace Steel Beams LS 1 9,830 9,830
Replace Miscellaneous Steel
Construct/Reinforce Concrete 10. Walls LS 1 59,600 59600 at Location 1Construct/Reinforce Concrete LS 1 59,600 59,600 1 1. Walls at Location 2 Provide and Install Steel LS 1
-.,
12. Beams in Location 1
Provide and Install Steel 13. LS 1 Beams in Location 2
Provide and Install Steel 14. LS 1 Grates in Location 1Provide and Install Steel 15. LS 1 Grates in Location 2
16. Provide and Install Misc. Steel LS 1
Modif’ and Relocate Handrail 17. LS 1 2,700 2,700 at Location 1 Cabrillo Mole Revitalization Project — Phase 1 — Remainder of Work & Phase 2 — Stage 0— Wharf Infill 65059.00000\40059964. I
-16- 0041 43—BID FORMS
The costs for any work shown or required in the Contract Documents, but not specifically identified as a bid line item are to be included in the related bid line items and no additional compensationshall be due to Contractor for the performance of the work.
All blank spaces appearing above must be filled in. Failure to fill in any blank spaces may render the Bid non-responsive. In case of discrepancy between the Unit Price and Item Cost set forth for a unit basis item, the Unit Price shall prevail and be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a Unit Price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as theentry in the Item Cost column, then the amount set forth in the Item Cost column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.
For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices.
The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the City from measured quantities of work performed based upon the Unit Price.
The undersigned agrees that this Bid Schedule constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the bid opening, or until a Contract for the work is fully executed by the City and a third party, whichever is earlier.
If the Contract Documents specify alternate bid items, the City can choose to include any, all, or none of the alternate bid items in the Work. If the City selects any of the alternate bid items, thecorresponding alternate bid prices shall be added to or deducted from Base Bid Price for the work.
The City can award/select alternate bid items at any time(s).
Cabrillo Mole Revitalization Project — Phase 1 — -1 7 0041 43— RID FORMS Remainder of Work & Phase 2— Stage 0 — Wharf Infill
65059.00000\40059964.
The basis for award of contract shall be the Contractor’s Base Bid only.
TOTAL BID PRICE BASED ON BID SCHEDULE
$
Total Base Bid in Numbers
Name of Bidder Sater Waterproofing, Inc.
Signature 1d’a&’
Name and Title Chad Gamell Vice President
Dated September 10. 2025
Cabrillo Mole Revitalization Project — Phase 1 -18- 0041 43— BID FORMS Remainder of Work & Phase 2— Stage 0— Wharf Infill
65059.00000\40059964. I
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 7, 2025 AGENDA ITEM: _______ ORIGINATING DEP: Administration CITY MANAGER:__________ PREPARED BY: Devin Hart, Senior Management Analyst
SUBJECT: On-Call Consulting Services Contract Amendment for International Consulting Services, Inc.
RECOMMENDED ACTION(S): Authorize the City Manager to execute an amendment to the Professional Services Agreement with International Consulting Services, Inc. increasing contract services by $175,000, for a not-to-exceed 12-month contract sum of $275,000 for on-call project management services.
REPORT SUMMARY: On October 2, 2024, the City released a Request for Proposals from qualified venders to provide building, planning and engineering consultant services.The City received six proposals by the stated deadline including a proposal from International Consulting Services, Inc. (ICS).
On December 17, 2024 the City Council awarded a contract to 4Leaf, Inc. to provide Building Division Services. However, within the staff report City Staff advised that they may return to City Council to make recommendations for additional on-call contracts tosupport Planning and the Public Works Department.
On May 6, 2025, the City Council authorized the City Manager to execute an agreement with ICS for a three-year term, and a not-to-exceed contract sum of $1 00,000 annually.
ICS is currently engaged with City Staff on a number of complex CIP projects, including Workforce Housing and Cabrillo Mole Rehabilitation Phase II Projects. ICS services have been essential in the development of various project milestones and deliverables including construction and procurement documents.
Task orders for on-call services are driven by the approved budget. Annually funds cannot be spent unless they are a part of an approved, budgeted, project or account or receive additional City Council approval in accordance with the approved budget and fiscal policies of the budget. Task orders related to grant funds may be eligible for reimbursement or payment through grants, and will be accounted for in the grant project’s budget.
As the City ramps up activities associated with its Workforce Housing and Cabrillo Mote Revitalization projects, ICS task orders for these projects has exceeded initial estimates.City Staff request a one-time authorization to increase the ICS professional services agreement by $175,000 for activities through April 30, 2026. Staff anticipates after construction for these projects begins, ICS design and administrative services will be minimized. Though ICS will be utilized for other capital improvement projects — including the Pebbly Beach Landfill Expansion - the scale of services is anticipated to be diminished.
FISCAL IMPACTS: Not to exceed $275,000 for all task orders from May 1, 2025 to April 30, 2026. Funding will be allocated to the appropriate budgeted project.
GOAL ALIGNMENT: Improved project management processes.CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not efficiently contract project management resources for current and future capital projects.
FOLLOW UP ACTION: Execute an amendment to the professional services agreement with International Consulting Services, Inc.ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
. ICS Task Orders
INTERNATIONAL CONSULTING SERVICES, INC TIME I FEE ESTIMATE 911 512023 CLIENT: CITYOFAVALON REVISION 00 ______ ICS I CoA - PROFESSIONAL SERVICES AGREEMENT - SUMMARY THROUGH END AUGUST 2025 BILLED BALANCE PROPOSED TASK ORDERS TASK ORDER # TASK ORDER DESCRIPTION THROUGH THRU AUG ADDITIONAL ISSUED AUGUST 2025 2025 TASK ORDERS TASK ORDER I MOLE! FERRY TERMINAL $ 60000.00 $ 57,435.00 $ 2.56500 $ 70,980.00 TASK ORDER 2 WORK FORCE HOUSING $ 30,000.00 $ 26,910.00 $ 3,090.00 $ 37,440.00TASK ORDER 3 JMF SCOREBOARD $ - $ - $ 3,220.00TASK ORDER 4 LANDFILL EXPANSION (MSE WALL) $ $ - $ 7,800.00 TOTALS $ 90,000.00 $ 84,345.00 $ 5,655.00 $ 119,440.00
PSA AUTHORIZATION MAY 2025 $ 100,000.00
BALANCE ON PSA AS OF END AUGUST 2025 $ 15,655.00
PROPOSED ADD’L PSA AUTHORIZATION $ 105,000.00
INTERNATIONAL CONSULTING SERVICES, INC TIME I FEE ESTIMATE 911512023 CLIENT: CITY OF AVALON REVISION 00 ___________ TASK ORDER I MOLE/FERRY TERMINAL - HOURS/FEE PROJECTED THROUGH MARCH 15, 2026 (CONCLUSION OF RFQIRFP) Initial Task Order Amount S 60,000.00 a
Invoices billed aga/nst this task order (May through August 2025) S 57,435.00 b mv 1066, 1070, 1071 Current balance of this task order (through August 2025) 5 2,565.00 c = (a-b) Proposed Additional task Order Amount (projection per below description) $ 70,980.00 d Totaltask order amount (including proposed/projected amount) S 130,980.00 e (a+d) Ongoing general project support and coordinahon, Continuabon of Contractor Projected Period Outreach, Phase “0” Bid! Contract Document Coordinabon. Mole RFP September 2025 - March 26 weeks @14 hrs 364 $ 195.00 $ 70,980.00 document preparation, Coordinabon activities during REP (pre bid meetings, 2026 (approx 26 wks) RE l’s). RFP review, evaluation and comparison of proposals, including creating of leveling sheet. Projection based on anticpated on REP release date of mid - .---.——-.-- end Oct and conclusion of REP on or about March 2026. Projected time TOT. HRS/ FEE PROJECTED THRU MARCH 2026 364 $ 70,980.00 allocation approx I 2-14 hrs per week
INTERNATIONAL CONSULTING SERVICES, INC
CLIENT: CITY OF AVALON
TIME I FEE ESTIMATE 911512023
REVISION 00
TASK ORDER 2- WORKFORCE HOUSING - HOURS! FEE PROJECTED THROUGH DEC 31, 2025 (CONCLUSION OF PHASE I & RFP PHASE 3A ! 3B) Initial Task Order Amount S 30000.00 a
Invoices billed against this task order (May through August 2025) S 26,910.00 b mv 1067, 1069, 1072 Current balance of this task order (through August 2025) 5 3,090.00 c = (a-b) ProposedAdditional task Order Amount (projection per below description) $ 37,440.00 d Total task order amount (including proposed!projected amount) S 67,440.00 e (a+d) . Ongoing Project coordination for phase 1 wilh modular manufacturer and their Projected Penod . design consultants. Coordination activibes to include organizing project September- December l2weeks@ 16 his 192 $ 195.00 $ 37,440.00 . . . coordination meetings as well as design, budget and schedule coordination. 2025 (approx 14 weeks) . . . . Coordinabon I issuance of RFP for on site installaton scope items (phase 3a and 3b), md pre-bid meebngs and REI’s as needed. Evaluation of RFP’sincluding preparation of leveling sheet and preparabon of overall project budget TOT. HRS ! FEE PROJECTED THRU DEC 2025 192 $ 37,44000 and schedule for City review.
TIME I FEE ESTIMATE 911512023
REVISION 00
INTERNATIONAL CONSULTING SERVICES, INC
CLIENT: CITY OF AVALON a ii
TASK ORDER 3 -JMF SCORE BOARD DESIGN VERIFICATION - HOURS / FEE PROJECTED SEPT 2025, (WORK HAS BEEN COMPLETED) Initial Task Order Amount $ - a
Invoices billed against this task order (May through August 2025) $ - b Current balance of this task order (through August 2025) $ - c (a-b) Proposed Additional task Order Amount (projection per below description) $ 3,220.00 d Total task order amount (including proposed/projected amount) $ 3,220.00 a (a+d) Projected Period Nov Total 12 hours pIus 12 $ 195.00 $ 2,340.00 based on scoreboard manufacturers data. Teams meetinsg with Engineer to Collect Project Information, review site conditions, prepare basic drawing 2023 -Aug 2024 (approx Calculation verification by review proposed conditions with focus on manufacturer provided post design. 40 weeks) PE, included in CS billing -___________ Review of structural analysis prepared by PE. Update drawings to reflect 1 $ 880.00 $ 880.00 increased post length, update calculations to match. Scope completed as of TOTHRS/FEE (COMPLETEDAUG-SEPT, 2025) 13 [s 3,221100 9112l2025
INTERNATIONAL CONSULTING SERVICES, INC
CLIENT: CITY OF AVALON
TIMEIFEE ESTIMATE 911512023
IREVISION 00 •1E
Initial familiarization with all relevant project documents Perform contractor outreach to obtain feed back for projected cost tor Mechanically Stabilized Earth (MSE) Wall. Intermittent reporting as applicable
TASK ORDER 4 - LANDFILL EXPANSION - PROPOSED HOURS / FEE PROJECTED DEC THRU 2025 Initial Task Order Amount S - a
Invoices billed against this task order (May through August 2025) $ - b Current balance of this task order (through August 2025) j $ - c = (a-b) Proposed Additional task Order Amount (projection per below description) $ 7,80000 d Total task order amount (including proposed I projected amount) S 7,80000 e (a+d Projected Period Nov projected initial involvement 2023 - Aug 2024 (approx @40 hours 40 weeks) 40 $ 195.00 $ 7,800.00 TOT HRS / FEE PROJECTED THRU DEC, 2025 40 $ 7,800.00
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 7, 2025 AGENDA ITEM: 12.
ORIGINATING DEP: Administration CITY MANAGER: t’14
PREPARED BY: Jocelyn Francis, Assistant City Manager
SUBJECT: Amendment to US-Offsite Agreement for Civic Center Housing Project to Include Traffic and Logistics Study
RECOMMENDED ACTION(S): Authorize the City Manager to execute an amendment to the agreement with US-Offsite to include a Traffic and Logistics Study in an amount of $7,000 for the Civic Center Housing Project.
REPORT SUMMARY: On May 6, 2025, City Council awarded a contract to US-Offsite for the Civic Center Housing Project, authorizing Phase 1 in the amount of $55,000, withdirection to return to Council prior to issuance of Phase 2.
As part of Phase 1 planning and design work, it has been determined that a traffic and logistics study is necessary to evaluate the transport of oversized modular housing units from the barge landing through the City to the Civic Center campus. This analysis will ensure safe delivery of units, identify any necessary traffic control or infrastructure modifications, and provide the City with a traffic engineering report for review.
US-Offsite, in collaboration with K2 Traffic Engineering, has submitted a proposal to provide this work at a fixed fee of $6,995. The proposal includes:
• Evaluation of transport route and turning movements at six key intersections.• Preparation of a Caltrans permit application.• Development of a detailed logistics plan including transport, staging, and craning. • On-island site visit and coordination with City staff.
The traffic study will provide critical information for Phase 1 deliverables and help ensurethe feasibility of transporting modular units to the project site.
FISCAL IMPACTS: There is adequate funding allocated in Capital Project 205014 Civic Center Housing Project for FY2025-26.GOAL ALIGNMENT: Improve local housing.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Without this study, the City risks delays or unforeseen challenges in the delivery of modular units, potentially impacting project feasibility and schedule.
FOLLOW UP ACTION: If approved, staff will execute the amendment and proceed with the traffic study in coordination with US-Offsite and K2 Traffic Engineering.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
US-Offsite Traffic and Logistics Study Proposal dated September 4, 2025 US-O FES lIE
Build With Confidence
Detailed Modular Transport Feasibility Study
Between the Owner: City of Avalon
Represented by Mark Pasveer
And the Manufacturer: US-Offsite Holdings, Inc
3705 Meadow View Dr
Redding, CA 96002Represented by Alex Shea
For the Project: Avalon Work Force Housing
Date: 9/30/25
PROJECT DESCRIPTION
Detailed Traffic Feasibility Study for proposed new construction of 3 story multifamily project.
BASIS OF AGREEMENT
This proposal is based on Modular Unit Travel Route document provided by Mark Pasveer on 7/31/2025, SD plans provided by Ten Over Studio dated 8/15/25 and conversations with the stakeholder to-date.
SCOPE OF WORK AND DELIVERABLES
Caltrans Permit Application: $195
• Run applicable dummy” permits to evaluate best transport route, overpass heights, CHP requirements and maximum unit dimensions. All applicablepermits will be applied for to ensure there are no local or Caltrans restrictions to travel due to construction or other highway conditions.
Traffic Study: K2 Traffic Engineering $4650
• The client is planning for the transport of housing modules to a site on Catalina Island. The specs for the day-cab tractor and trailer have been provided by the client. The cargo will be 14’ 6” W x 12’ 6” H x 45’ L.
• Prepare the tractor-and-trailer turning analysis based on the Caltrans approved haul vehicle for the following six (6) locations:
1) Barge Entry/Exit
2) Lovers Cove Vista Point
3) Pebbly Beach Road at Clarissa Avenue
4) CIa rissa Avenue at Tremont Street.
5) Tremont Street at Avalon Canyon Road
US-OFESITE
Build With Confidence
6) Avalon Canyon Road at Falls Canyon Road
• Collaborate with the client in determining feasibility of barrier removal as needed to ensure adequate turning space at each study location. • The analysis will be signed and stamped by the Principal Traffic Engineer. One revision is included to address city’s review comments, if applicable and within scope.
Detailed Modular Transport Feasibility Study: US-Offsite $2150 • Site Visit to Catalina Island: US-Offsite will visit the site to evaluate intersections, make note of site conditions, document with photos, and meet with Client and other consultants/subcontractors while at the site to confirm feasibility of transportation of modular units from US Offsite Factory to the project site.
EXCLUSIONS OF SERVICES
• Grading permit, grading plan, site plan, lot information• Communication with neighbors/HOA • Work of any other consultants such as and not limited to survey, landscape, civil consultants, geotechnical, environmental etc. unless specifically included in scope. • All jurisdictional fees (only estimates provided)
PROPOSED FEE
Detailed Traffic and Logistics Study
$6,995
(Fixed Fee)Billed 50% at signing of contract and 50% at completion.
Any additional consulting not outlined in the scope of this agreement to be billed as approved by owner and when rendered.REIMBURSABLE EXPENSES & TERMS AND CONDITIONS Messenger and deiivery services, reproduction of documents for outside delivery, and travelbeyond what is noted in the scope of work will be considered reimbursable expenses and assuch are separate from our fees and will be billed at cost. Our reimbursable travel expenses will include personnel time involved and will be billed at an appropriate hourly rate.
The Terms and Conditions for this scope of work are set forth in Attachment A and thereby incorporated into this Agreement.
Offer good for 30 days. Manufacturer reserves the right to rebid project after 30 days. Please contact US-Offsite with any scope or proposal discrepancies.
US-OFESIIE
Build Wfth Confldence
I _________ Alex ja for US-Offsite Holdings, Inc Acceptance, Owner 9/30/25 __________________ Date Date
US-OFFSIIE
Build With Confidence
Attachment A
GENERAL PROVISIONS AND CONDITIONS
US-Offsite is not a licensed architecture or engineering firm. Therefore, all services requiring licensing will be performedby licensed partners.EMPLOYEE RATES (Hourly): Hourly rates listed below will be billed for any ‘engineering changes’ or “designchanges” to contracted plans by the client or the client’s agent, “add service” work, and/or all services outside the established contracted fees listed in this Agreement. US-Offsite reserves the right to periodically change the hourlybilling rates upon 30-day notice to the Client.
ENGINEERING SERVICESLead Engineer $185.00/HourDrafter $95.00/HourDESIGN SERVICES Lead Designer $165.00/HourDrafter $95.00/Hour
OFFICE PERSONNELClerical/Administration $95.00/Hour
Hourly rates vary according to employee experience and proficiency and may be adjusted from time to time to reflect current costs and changes in employee classifications. Hourly rates for expert witness services or depositions shall be subject to a premium of 2x the standard hourly rate. Overtime, for hourly employees if requested, shall be charged at
1.5x the standard hourly rate, depending upon the employee wage multiplier required by law. US-Offsite agrees to strive to perform the services set forth in this Agreement in accordance with generally accepted professional practice,as applicable, in the same or similar localities, at the time the services are performed. US-Offsite services shall not besubject to any express or implied warranties whatsoever.
US-OFFSITE’S RESPONSIBILITIES: US-Offsite shall provide design services for the Project as described in this Agreement. US-Offsite shall perform its services consistent with the professional skill and care ordinarily provided by designers, architects and engineers practicing in the same or similar locality under the same or similar circumstances.
US-Offsite shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. US-Offsite shall assist the Client in determining consulting services required for the Project. US-Offsite’s services include those consulting services specifically referenced in this Agreement.During the Schematic Design Phase, US-Offsite shall review the Client’s scope of work, budget and schedule and reach an understanding with the Client of the Project requirements. Based on the approved Project requirements, US Offsite shall develop a schematic design, which shall be set forth in drawings and other documents appropriate for the Project. Upon Client’s approval of the design, US-Offsite shall prepare Construction Documents indicating requirements for construction of the Project and shall coordinate its services with any consulting services the Client provides. US Offsite shall assist the Client in filing documents required for the approval of governmental authorities, in obtaining bidsor proposals, and in awarding contracts for construction as delineated in the Agreement.CLIENT’S RESPONSIBILITIES: The Client shall provide full information about the objectives, schedule, constraints,and existing conditions of the Project, and shall establish a budget that includes reasonable contingencies and meets the Project requirements. The Client shall provide decisions and furnish required information as expeditiously as necessary for the orderly progress of the Project. US-Offsite shall be entitled to rely on the accuracy and completeness of the Client’s information. The Client shall furnish consulting services not provided by US-Offsite, but required for the Project, such as surveying, which shall include property boundaries, topography, utilities, and wetlands information; geotechnical engineering; and environmental testing services.
USE OF DOCUMENTS: Drawings, specifications and other documents prepared by US-Offsite are the Instruments of Service and are for the Client’s use solely with respect to the construction of the Project. US-Offsite shall retain all common law, statutory and other reserved rights, including copyright. Upon completion of the construction of the Project, provided that the Client substantially performs its obligations under this Agreement, US-Offsite grants the Client a license to use US-Offsite’s Instruments of Service as a reference for maintaining, altering, and adding to the Project.
The Client agrees to indemnify US-Offsite from all costs and expenses related to claims arising from the Client’s use
USOFFSITE
BuHd With Confldence
of the Instruments of Service without retaining US-Offsite When transmitting copyright-protected information for use on the Project, the transmitting party represents that it is either the copyright Client of the information or has permission from the copyright Client to transmit the information for its use on the Project.
FEES
& PAYMENTS: Fees for employee rates, subconsultant expenses, reimbursable expenses, and US-Offsite reproductions shall be billed to the Client on a percentage of completion or on an as-performed basis as agreed by the parties.
PAYMENT SHALL BE DUE AND PAYABLE UPON PRESENTATION. In order to defray carrying charges resulting from delayed payments a finance charge of 5% per month shall be added to the unpaid balance after 15 days from the date of US-Offsite’s invoice. The finance charge will be compounded and prorated per day. Fixed fee tasks will be billed as the work progresses until the task is completed and the total amount stated in the contract for the task is invoiced. Estimated fees for tasks shown as time and materials” are provided for informational purposes only.
Amounts billed for these tasks, which will reflect actual hours, may be more or less than the estimate given.
SUBCONSULTANTS
& OTHER CONSULTANTS: Client recognized that site and subsurface conditions may vary from those observed at the locations where borings, surveys, or explorations are made, and that site and subsurface conditions may change with time. Data, interpretations, and recommendations by US-Offsite will be based solely on information available to US-Offsite from appropriate subconsultants, to the extent that US-Offsite has not produced such data, interpretations, or recommendations itself. US-Offsite shall be responsible for its data, interpretations, and recommendations, but it will not be responsible for other parties’ interpretations or use of the information developed, or for information provided by others.
REIMBURSEABLE EXPENSES: Clients shall reimburse US-Offsite for incidental expenses incurred by US-Offsite at actual cost plus 15% to cover overhead and administrative expenses. Reimbursable expenses include, but are not limited to reproductions, postage and handling of drawings and documents, long distance communications, fees paid to authorities having jurisdiction over the Project, the expense of any additional insurance requested by the Client in excess of the normally carried by US-Offsite or its subconsultants, travel expenses, and the expense of overtime work requiring higher than regular rates. Reimbursable automobile travel mileage will be billed at the current IRS business standard mileage rate.US-OFFSITE REPRODUCTIONS: Photocopies: $.25 per copy. All other types of US-Offsite reproductions such as blueprinting, typesetting, and printing shall be considered reimbursable expenses.
TERMINATION, SUSPENSION, OR ABANDONMENT: Either party may terminate this agreement for any reason upon seven (7) day written notice. In the event of a termination of services, US-Offsite shall have no liability to the Client for delay, damage, loss of agency approvals, loss of financing, interest expenses, etc. If termination occurs, the client shall be responsible for all amounts billed for work performed to date, in accordance with the “Fees and Payments” provisions described above. If US-Offsite is subsequently requested to restart work, any fixed sums or estimates thatUS-Offsite has quoted in the Agreement shall no longer be applicable. US-Offsite services after the restart shall be considered “Additional Services”. Failure of the Client to make payments to US-Offsite when due in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. If the Client fails to make payment when due, US-Offsite may, upon seven (7) days written notice to the Client, suspend performance of services under this Agreement. Unless payment in full is received by US-Offsite within seven (7) days of the date of the notice, the suspension shall take effect without further notice.
COMMENCEMENT OF WORK: US-Offsite’s work will commence immediately upon receipt of the retainer and signed authorization to proceed. If notice to proceed is delayed beyond thirty (30) days, it is understood that the terms and conditions of this Agreement are subject to revision.
INSURANCE AND PROFESSIONAL LIABILITY: US-Offsite maintains general liability insurance. The Client herebyagrees, that to the fullest extent permitted by law, to limit US-Offsite’s total liability for any and all injuries, claims, losses,expenses, or damages whatsoever arising out of or in any way relating to the Project, the Site, or this Agreement from any cause or cases arising out of the negligent acts, errors, or omissions of US-Offsite in the performance of thisagreement to the proportion of such claims, costs, suits, and damages which reflects the percentage of negligence of the Consultant compared to the total negligence of all other persons, firms, or corporations which results in such claims, costs, suits, and damages. The parties further agree that, to the fullest extent permitted by law, neither party shall be liable to the other for any special, indirect, or consequential damages.
US-O FF8 ITE
Build With Confidence
SUCESSORS AND ASSIGNS: All of the terms, conditions, and provisions of this Agreement shall inure to the benefitof and be binding upon the Client, US-Offsite and their respective successors and assigns proved, however, that noassignment of this Agreement shall be made without the written consent of the parties to this Agreement.OTHER PROVISIONS: This document supplements the letter agreement or proposal to which it is attached. These provisions and this letter represent the entire agreement between the Client and US-Offsite and supersede all priornegotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Client and US-Dffsite
INDEMNIFICATION: The Client shall defend, indemnify and hold harmless US-Offsite and its directors, officers,shareholders, employees, contractors, subcontractors, agents or affiliates from and against any and all suits, actions,legal or administrative proceedings, claims, demands, actual damages, fines, punitive damages, losses, costs,liabilities, interest, and attorneys’ fees (including any such fees and expenses incurred in enforcing this indemnity) which, irrespective of US-Offsite’s negligence: (i) exceed the limitation on US-Offsite’s liability provide for above, or (ii) result from, arise out of, or are in any way connected with the acts or omissions of the Client, Client’s employees, agents, contractors, subcontractors, and all of their employees or agents. This Agreement shall be governed by thelaws of the State of California. In the event of litigation, the venue shall be San Luis Obispo County and the prevailing party shall be entitled to recover its full and actual attorney fee, expenses, and costs.If, while performing services under this Agreement, pollutants, hazardous materials or hazardous wastes are discovered on or adjacent to the site, it is hereby agreed that US-Offsite shall have the right, in its sole discretion, to terminate this Agreement, or also in its sole discretion, to renegotiate the scope of services, schedule, and the estimated Project cost hereunder.
CLIENT RESPONSIBLITIES: The Client shall provide full information including a program setting forth the Client’s design objective, constraint, and construction budget criteria as applicable. The Client shall provide all accessible information that relates to the site, the Project, and may in any way bear upon the services of US-Offsite hereunder,including but not limited to, a legal description of the site, site survey, a site plan, the location of utilities and underground structures at the site, previous geologic/geotechnical reports, and any previous environmental assessments or audits.
The Client shall obtain all necessary authorizations and permits to allow US-Offsite to have access to the site at reasonable times throughout its performance of this Agreement. US-Offsite will take reasonable precautions tominimize damage to the site, but unavoidable damage or alteration may occur, and Client agrees to assume responsibility for the same. The Client agrees to assume responsibility for damages due to US-Offsite interference with subterranean structures, such as pipes, tanks and utility lines that are not correctly shown on the documents provided to US-Offsite by the Client or any third party. The Client shall furnish all legal, account, and insurance counseling services as may be necessary at any time for the Project, including auditing services the Client may require to verify the Contractor’s Applications for Payment or to ascertain how or for what purposes the Contractor uses the Monies paid by the Client. The information above shall be furnished at the Client’s expense, and US-Offsite shall be entitled to rely upon the accuracy and completeness thereof, If the Client observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice shall be given by theClient to US-Offsite. The Client shall furnish information and shall review US-Offsite work and provide decisions as expeditiously as necessary for the orderly progress of the Project and the US-Offsite services. The parties agree thatthey will execute such other instruments and documents as are or may become necessary or convenient to carry out the intent and purposes of this Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same agreement.
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 7, 2025 AGENDA ITEM:
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ORIGINATING DEP: Administration CITY MANAGER: OjL..U..c PREPARED BY: David Maistros, City Manager
Devin Hart, Senior Management Analyst
SUBJECT: Short-Term Rental Application Waitlist Policy Discussion RECOMMENDED ACTION(S): Hear a presentation regarding policy options for processing short-term rental application after the maximum number of licenses have been issued. If consensus, provide direction to City Staff.
BACKGROUND: On August 9, 2025, The City Council 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 modifying the Transient Rental System. This ordinance was adopted at the September 2, 2025 regular City Council meeting and went into effect on October 1, 2025.
Per the City Council’s direction, the ordinance established a cap of 410 transient rental units within the City of Avalon. This cap includes all grand-fathered transient rental units, all units with conditional use permits and all units with transient rental licenses.
The City has identified a total of 386 compliant short-term rental properties, including:
• 91 properties permitted by grandfathered use (including 9 banked units currently occupied by year-round renters),
• 267 properties permitted by CUP (including 13 banked units currently occupied by yearround renters), and • 28 properties permitted by Transient Business License (including 1 banked units currently occupied by year-round renters).
Due to the newly established limit on new transient rental license permits, the ordinance authorizes the City Manager to implement a policy to regulate the manner in which the Planning Commission considers new transient rental license once that limit is reached.
After conducting an informal survey of four cities with ordinances or policies that limit the number of transient rental licenses, staff have developed two main options for the City Council to con sider — establishing a first come, first served waitlist, or develop a lottery system.
Lottery System
The City of San Diego is one of four cities surveyed that limits the number of un-hosted shortterm rental licenses, and has reached that limit on the number of issued licenses in an area. San Diego utilizes a lottery system to determine how to prioritize and process short term rental occu pancy licenses.Referencing the City of San Diego as a model, City Staff recommend the following procedure for consideration of TRL applications.
- Annually, assuming there are TRLs available under the cap, or at any time there are five or more available TRLs, the City will open an application period for 60 days to allow for the submittal of TRL applications.
- At the conclusion of the application period, an independent department will perform a random lottery to determine the waitlist position of all valid and complete applications. - After the lottery, the applicants are notified and prioritized in the order established by the lottery.
- Applications are heard by the Planning Commission in the order established by the lottery.- Once all available TRLs are filled under the cap, all remaining applications are rejected.
In addition to establishing a general lottery system, Staff propose creating a weighted/priority point system where added points are applied to owners who have long-term rental properties, or have participated in previous lotteries and been rejected.Staff recommend a lottery system to determine waitlist priority for the following reasons:
• Reduces administrative burden by establishing a finite window for the receipt and processing of transient rental license applications.
• Allows for all interested property owners to have an equal opportunity to receive a TRL.• It may disincentivize property investors from purchasing property on speculation.• It disincentivizes transient rental license seekers from abusing the complaint system.• Avoids the creation of a multi-year list that continues to grow annually and becomes overly burdensome to manage or monitor.
• Eliminates the property value increase for properties that are “next” or in the “top 10” of the waitlist.
• Could potentially provide opportunities to incentivize long-term rentals while waiting.
First Come, First Serve Waitlist
Three of the four cities surveyed that have both a limit to the number of short-term rental licenses/permits, and have reached that limit, have established a standard first come, first served waitlist.A first come first served waitlist would be beneficial as it could provide priority to those that have been on the waitlist the longest, and reduce the uncertainty of not knowing the status of theproperty owner’s application.
If a First Come, First Served Policy is adopted, waitlist policy should include: - A requirement for property owners to keep contact information current with the City by way of payment of an annual feel. (Similar to the leased mooring list in Avalon Harbor.) - Waitlist positions are not transferable. - Waitlist positions would be forfeited if property is sold or transferred.
A discussion was held with the Planning Commission at the September 17, 2025 Planning Commission Meeting. A consensus was reached among the commissioners to recommend the City Council considers a lottery waitlist policy that allows for weighting for applicants that have long-term rental units and/or participated in past lotteries and were not selected.If consensus is reached, City Staff will develop a complete policy and procedure and bring it back to City Council at a future meeting for adoption by resolution.FISCAL IMPACTS: Unknown.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: City Staff will not haveclear direction on how to process and/or prioritize applications for transient rental licenses once the maximum number of licenses has been issued.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: None.