AVALON CITY COUNCIL MEETING TUESDAY, SEPTEMBER 17, 2024 - 4:30 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 35.1 102- 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 For the public's convenience, but not participation, the meeting can be viewed:  records shall be available at City Hall located at 410 Avalon Canyon Rd.  On local cable: Catalina Broadband Solutions channel 3 Streaming on Facebook Live: ww/acebookcom/ChvOTAvalonOfical Streaming on YouTube: ntps/wwwyoutupe.com/CholAvalonçA  CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION/ROLL CALL  CLOSED SESSION  1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION ANNOUNCEMENTS/WRITTEN COMMUNICATIONS  Title: City Manager  DEPARTMENT HEAD REPORTS  CITY MANAGER REPORT/CITY ATTORNEY REPORT COUNCILMEMBER REPORISIREQUESTS/MAYOR REPORT  ORAL COMMUNICATION  Members of the public may address the City Council at this time. No action will be taken on non- agenda items at this meeting. Speakers should limit comments to two (2) minutes each.  CONSENT CALENDAR Warrants  1.  Expenditures Submitted for Approval  Warrants from the US General Fund in the amount of $732,375.50. Three electronic fund transfers totaling $100,791.32.  One payroll totaling $264,141.95.  Recommended Action $1,097,308.77.  Approve total expenditures for August 26, 2024 through September 6, 2024 totaling  2.  2024 Volunteer Fire Assistance Grant  The City was awarded a grant from the Volunteer Fire Assistance Grant (VFA) Program. VFA is a federally funded grant program that allows California to provide local and rural    CITY COUNCIL AGENDA SEPTEMBER 17, 2024 PAGE: 2  fire departments with minor firefighting, training, communications and safety equipment Adopt a resolution authorizing the City Manager to execute an agreement to enter into the Volunteer Fire. Assistance Grant (VFA) with the California Department of Forestry and  for their volunteer firefighters. Recommended Action  Fire Protection (Cal Fire) for $20,000.00. Adoption of the Cruise Ship Wharfage Fee Increase  3.  This ordinance was introduced, and all further readings waived at the September 3, 2024 regular City Council Meeting. Effective January 1, 2026, City Staff is proposing to charge all cruise ships calling upon Avalon 100% of the manifest for cruise ship passengers, Adopt an ordinance repealing and replacing chapter 10-2.402(b) of the Avalon Municipal Code, use fees for harbor cruise ship passengers, and adoption of findings under the  minus any crew, at the rate of $7.50 per passenger.  Recommended Action  California Environmental Quality Act. Declare Vehicles and Equipment as Surplus  4.  Historically, the City Council is presented with a list of items that are surplus, the Council declares it surplus, and then the declared items are either sold via Public Surplus, given to charity, or disposed of properly. Staff has compiled a list of vehicles that the City of Adopt a resolution declaring vehicles and equipment listed in resolution as surplus property and authorize the City Manager to dispose of it in accordance with City policy. The roof of the Harbormaster Building is approximately 17 years old. High exposure to sea and weather conditions, as well as the unprecedented storm seasons over the last three years, has led to degradation of the roof. At this time there are significant leaks Authorize the City Manager or his designee to negotiate and execute a contract with Rainy Day Roofing, Inc. to replace the roof of the Harbormaster Building for a not-to-exceed sum of $100,000 as budgeted in the City's Fiscal Year 2024-25 Capital Improvement  Avalon ("City") no longer uses and is insufficient for current needs.  Recommended Action  5.  Harbormaster Building Roof Replacement  throughout the structure. Recommended Action  Plan, Project #207014, Account #10470-6547.  GENERAL BUSINESS  6.  Building Services Division Request for Proposal  The City of Avalon currently employs one full-time Building Official. This position is being used more and more to complement Public Works staffing through completing electrical projects, managing small facility projects, and cross-training maintenance staff on technical tasks. After a staffing analysis of the Public Works Department, City staff will recommend to reassign this position to report to the Public Works Director to focus on  projects at a future meeting date.    CITY COUNCIL AGENDA SEPTEMBER 17, 2024 PAGE: 3  Recommended Action Management Services.  Authorize City staff to publish a request for proposal (RFP) for consultant services to provide Building Division Services, and On-Call Engineering and Construction  7.  Five Corner Pedestrian Improvements Project Bid Results  The Five Corner Pedestrian Improvements Project proposes to construct new permanent sidewalks, median safety islands, traffic calming and lighting in order to provide safer operations for all users. The project was released for prospective bidders on July 3, 2024. The bidding deadline was September 10, 2024 at 11 a.m. No bids were received by the 1.) Make the affirmative finding that no bids were received by the bid deadline. 2.) Authorize the City Manager to negotiate a contract with Jordhal Construction, Inc. per  stated deadline. Recommended Action  Avalon Municipal Code Section 3-4.206. Adult Use Cannabis Feasibility Discussion  8.  An member of the City Council requested City Staff bring a report before the City Council considering expansion of the Avalon Municipal Code to include Adult-Use Cannabis. Specifically, the Councimember requested Staff research and provide an analysis regarding a store front adult-use facility, the communtysoesleinerest ini the facility, and  projected economic and other impacts. Recommended Action  Hear presentation. If consensus is reached, provide direction to Staff.  ADJOURN NOTICE OF POSTING  1,Devin Elise Hart, declare that the City Council Agenda for Tuesday, September 17, 2024 was posted on Friday, September 13 30, 2024 on the City's website, ww.clyolavalon.comlagendacenter. and at City Hall, 410 Avalon Canyon Road.  OChat Devin Elise Hart, Management Analyst    CITY OF AVALON CITY COUNCIL  MEETING DATE: ORIGINATING DEP: PREPARED BY: SUBJECT:  September 17, 2024 Finance  AGENDA ITEM: CITY MANAGER: DMI  Matthew Baker, Finance Director  Warrants  RECOMMENDED ACTION(S): Approve total expenditures for August 26, 2024 through REPORT SUMMARY: These disbursements through September 6th are comprised of warrants from the US Bank General Account totaling $732,375.50, one payroll totaling  September 6, 2024 totaling $1,097,308.77.  $264,141.95, and other electronic fund transfers totaling $100,791.32.  ITEM DESCRIPTION  AMOUNT  DATE  GF US BANK WARRANTS CK# 38552-38553 GF US BANK WARRANTS CK# 38554-38622 GF US BANK WARRANTS CK# 38623-38624 EFT- CALPERS RETIREMENT EFT CALPERS RETIREMENT  885.39 08/26/24 569,906.78 08/30/24 161,583.33 09/03/24 264,141.95 09/06/24 45,830.55 08/29/24 45,745.01 08/30/24 9,215.76 09/06/24 $1,097,308.77  PAYROLL  EFT- HARBOR/REC CREDIT CARD AND BANK SERVICE FEES GOAL ALIGNMENT: Ongoing meeting of City obligations.  TOTAL DISBURSEMENTS  FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in  the FY24-25 Budget.  CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A  FOLLOW! UP ACTION: N/A  ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act. ATTACHMENTS: Audit Certificate, Warrant Lists, US Bank Detail    CITY OF AVALON September 17,2024  August 26, 2024-September 6, 20241 DISBURSEMENTS  ITEM DESCRIPTION  AMOUNT  DATE 885.39 08/26/24 569,906.78 08/30/24 161,583.33 09/03/24 264,141.95 09/06/24 45,830.55 08/29/24 45,745.01 08/30/24 9,215.76 09/06/24 1,097,308.77  GF USE BANKI WARRANTS CK# 38552-38553 GF USE BANKI WARRANTS CK# 38554-38622 GF USE BANK WARRANTS CK# 38623-38624 PAYROLL EFT- CALPERS RETIREMENT EFT- CALPERS RETIREMENT  EFT- HARBOR/REC CREDIT CARD ANDE BANK: SERVICE FEES  TOTAL DISBURSEMENTS $  CERTIFICATE INA ACCORDANCE WITHS SECTION3 32702 OF1 THE GOVERNMENT CODE, ICERTIFY THAT THE ABOVE DEMANDS ARE ACCURATE AND1 THAT FUNDS ARE AVAILABLEFOR PAYMENT. ICERTIFY UNDERI PENALTY OF PERJURY THAT THE FOREGOINGI IS TRUE AND CORRECT. EXECUTED THIS  APPROVED/ ANDA AUDITED1 THIS 17th DAY OFS SEPTEMBER: 2024 AUDIT COMMITTEE MICHAEL PONCE AUDIT COMMITTEE MARY SCHICKLING  17th DAYO OF SEPTEMBER: 2024  FINANCE DIRECTOR-MATHEWBANER    CITY OFA AVALON WARRANT DISBURSEMENTS September 17,2 2024 NAME  CHECK DATE NUMBER ISSUED 38552 08/26/2024 38553 08/26/2024 $  AMOUNT  DESCRIPTION PAYROLLO CHECK 8/23/24 AIRFARE-IT/ APPLICANT  485.39 DEGNAN, SOPHIAC. 400.00 STREET,JASON 885.39  Page 1of1    CITY OF AVALON WARRANT DISBURSEMENTS September 17,2 2024 NAME  CHECK DATE NUMBER ISSUED 38554 08/30/2024 38555 08/30/2024 38556 08/30/2024 38557 08/30/2024 38558 08/30/2024 38559 08/30/2024 38560 08/30/2024 38561 08/30/2024 38562 08/30/2024 38563 08/30/2024 38564 08/30/2024 38565 08/30/2024 38566 08/30/2024 38567 08/30/2024 38568 08/30/2024 38569 08/30/2024 38570 08/30/2024 38571 08/30/2024 38572 08/30/2024 38573 08/30/2024 38574 08/30/2024 38575 08/30/2024 38576 08/30/2024 38576 08/30/2025 38577 08/30/2024 38578 08/30/2024 38579 08/30/2024 38580 08/30/2024 38581 08/30/2024 38582 08/30/2024 38583 08/30/2024 38584 08/30/2024 38585 08/30/2024 38586 08/30/2024 38587 08/30/2024 38588 08/30/2024 38589 08/30/2024 38590 08/30/2024 38591 08/30/2024 38592 08/30/2024 38593 08/30/2024 38594 08/30/2024 38595 08/30/2024 38596 08/30/2024 38597 08/30/2024 38598 08/30/2024 38599 08/30/2024 38600 08/30/2024 38601 08/30/2024 38602 08/30/2024 38603 08/30/2024 38604 08/30/2024 38605 08/30/2024 38606 08/30/2024 38606 8/30/2024 38607 08/30/2024 38608 08/30/2024 38609 08/30/2024 38610 08/30/2024 38611 08/30/2023 38611 08/30/2024 38612 08/30/2024 38613 08/30/2024 38614 08/30/2024 38615 08/30/2024 38616 08/30/2024 38617 08/30/2024 38618 08/30/2024 38619 08/30/2024  AMOUNT  DESCRIPTION SUPPLIES-ALL DEPT SERVICE-P/W SERVICE- HARBOR SALES TAXF PASS THRU SUPPLIES- RECREATION RETIREE INSO 07-12/2024 UNIFORMS- FIRE VOID: MULTIS STUB CHECK VOID: MULTISTUB CHECK SUPPLIES- ALL DEPT UNIFORMS- P/W SERVICE HARBOR VOID: MULTISTUB CHECK FREIGHT- ALLI DEPTS SERVICE- HARBOR SERVICE- RECREATION CONTRACTSVCS-IT SENIOR MEALS- 07-08/2024 SUPPLIES- ALL DEPT TRAVEL ADMIN RENTO 07-08/2024 LODGING- P/W EES SCREENING P/W EES SCREENING- GARAGE ADVERTISING ALL SERVICE- HARBOR SUPPLIES- GARAGE SENIOR MEALS- 07/2024 DEPOSIT- TREMONT SERVICE- P/W SERVICE- FINANCE VOID: MULTISTUB CHECK DENTALA AUG8 & SEPT2 2024 FUEL- HARBOR SUPPLIES- P/W UTILITIES- ALL DEP VISION- 08/2024 SUPPLIES- HARBOR UNIFORMS- P/W SUPPLIES- P/W SERVICE- FINANCE SUPPLIES- WELDING SERVICE- HARBOR FREIGHT- P/W RETIREE INS- -09/2024 SUPPLIES-P/W SUPPLIES-FIRE REPLACER PAYCHECK 86220 SUPLES-GARAGE SUPPLIES- WWTP SUPPLIES -SOLIDWASTE COPIERLEASE-PLAN COPIERLEASE- -REC SUPPLIES-S STREETS 2NDH HALF 08/2024 VOID: MULTISTUB CHECK LIFE INS. AUG&S SEPT: 2024 SUPPLIES- HARBOR SUPPLIES-P/W VOID: MULTISTUB CHECK VOID: MULTISTUB CHECK SEEA ATTACHED DETAIL: MULTISTUB CHECK CONTRACT: SVCS:08/24 COMMUNICATONS-ALL EQUIPMENT- E-BOAT SUPPLIES- WWTP SUPPLIES-FIRE  1,503.78 AMAZON CAPITAL SERVICES, INC. 40,501.67 FISHERS SAND8 & GRAVEL CO. 1,451.31 AVALON MOORING & DIVING 155,009.26 CATALINAI ISLANDI MEDICAL CENTER 69.36 FUNE EXPRESS, LLC 2,959.92 MONTAGUE, STEVE 3,457.30 ALLS STAR FIRE EQUIPMENT, INC AMAZON CAPITAL SERVICES, INC. AMAZON CAPITAL SERVICES, INC. 14,852.32 AMAZON CAPITAL SERVICES, INC. 85.75 ARAMARK 400.89 AVALON BOAT STAND AVALON FREIGHTS SERVICES, LLC 3,850.36 AVALON FREIGHTS SERVICES, LLC 2,826.90 AVALONI MOORING8 & DIVING 300.00 BENTDAHL, MARY 2,465.50 BEYONDS SOFTWARE: SOLUTIONS 688.00 CAFEN METROPOLE 603.29 CATALINAE BEVERAGE CO 107.00 CATALINAE EXPRESS 13,778.00 CATALINA ISLAND COMPANY 713.56 CATALINAI ISLANDI INN 43.73 CATALINAI ISLANDI MEDICAL CENTER 164.73 CATALINA ISLANDI MEDICAL CENTER 114.00 CATALINA ISLANDER 268.00 CATALINA PEST CONTROL 165.00 CATALINA YAMAHA 280.00 CHARLIES CATALINA CANTINA 200.00 CHAVOYA, MONICA 4,200.00 CONNOLLYPACIFIC CO. 7,500.00 DAVISF FARRLLP DELTADENTAL 14,084.30 DELTADENTAL 1,657.51 DION & SONS MARINER FUELSI INC 270.87 DONN MILLER&S SONS 68.53 EDISON 1,079.48 FIDELITY SECURITY LIFEI INSURANCE 1,723.13 GANAHL LUMBER COMPANY 551.60 GEMPLERS INC. 1,682.10 GRAINGER 1,549.58 HDL COREN&O CONE 1,081.72 LINDE GAS&E EQUIPMENTI INC. 490.00 LOSA ANGELES COUNTYF FIRE DEPARTMENT PERMIT- FIRE 2,605.46 MARITECHI INDUSTRIES, INC. 33,908.96 MATTHEWS INTERNATIONAL CORPORATION SUPPLES-CEMETERY 110.52 ISLAND EXPRESSH HELICOPTERSI INC. 627.78 MCDONALD, AUDRA 4,270.66 MCMASTER-CARR 177.11 MED-TECHI RESOURCE, INC. 748.73 MELLO, ELOISEK K. 109.29 NAPAAUTOR PARTS 18,062.00 POLYDYNE, INC. 12,764.37 RECYCLEA AWAY,LLC 355.16 RICOHUSA, INC. 39.46 RICOHUSA, INC. 2,659.00 SEALMASTER 9,357.91 SIRIA'S CLEANINGS SERVICE STANDARDI INSURANCE COMPANY 2,411.78 STANDARDI INSURANCE COMPANY 898.05 ULINE, INC. 980.56 ULINE, INC. CORPORATER PAYMENT SYSTEMS CORPORATE PAYMENT SYSTEMS 26,772.76 CORPORATE PAYMENT SYSTEMS 18,750.00 VEGA, EDMUNDO 2,225.28 VERIZON WIRELESS 111,747.70 VITAPOWERUS, INC. 6,883.63 WESTRIDGE ENVIRONMENTAL GROUP 7.16 WITMERF PUBLICS SAFETYG GROUP, INC.  Page 1of2    CITY OFA AVALON WARRANT DISBURSEMENTS September: 17, 2024 NAME  CHECK DATE NUMBER ISSUED 38620 08/30/2024 38621 08/30/2024 38622 08/30/2024  AMOUNT  DESCRIPTION PERMIT FEE- DINGHY DOCK PERMIT FEE- SOUTHE BEACH NOTICE OFE EXEMPTION  15,280.00 CALIFORNIA COASTAL COMMISSION 15,280.00 CALIFORNIA COASTAL COMMISSION 75.00 OFFICE OFP PLANNING &F RESEARCH  569,906.78  Page 2of2    CITY OFA AVALON September 17, 2024  USE BANK CREDIT CARD CHARGES PAID August 30, 2024  LASTI NAME POSTDATE AMTUSD VENDOR  DESCRIPTION ADVERTISING: ITMANAGER ADVERTISING: ITI MANAGER SUPPLIES:ADMIN SUBSCRIPTION: IT  DEPARTMENT PUBLICV WORKS ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION HARBOR MAINTENANCE  GREENLAW CAMPBELL CAMPBELL CAMPBELL CAMPBELL  8/13/2024 $ 174.87 PEBBLYE BEACHE BUILDING SUPPLY SUPPLIES: CRESCENTH HILLSIDE  7/22/2024 $ 520.00 LINKEDINJ JOB 8/2/2024 $ 346.30 LINKEDINJ JOB 8/5/2024 $ 441.73 AMAZON 8/12/2024 $ 14.99 CANVA  P.HERNANDEZ 7/17/2024 $ 295.30 PEBBLYE BEACHE BUILDINGS SUPPLY SUPPLIES- FLOAT MAINTENANCE  P.HERNANDEZ 7/18/2024 $ 34.78 CHETSH HARDWARE P.HERNANDEZ 7/18/2024 $ 52.67 CHETSH HARDWARE P.HERNANDEZ 7/18/2024 $ 104.43 CHETSH HARDWARE P.HERNANDEZ 7/19/2024 $ 4.59 CHETSH HARDWARE P.HERNANDEZ 7/22/2024 $ 10.08 CHETS HARDWARE P.HERNANDEZ 7/22/2024 $ 43.99 CHETS HARDWARE P.HERNANDEZ 7/22/2024 $ 58.22 CHETS HARDWARE P.HERNANDEZ 7/22/2024 $ 10.73 CHETS HARDWARE P.HERNANDEZ 7/22/2024 $ 14.19 CHETS HARDWARE P.HERNANDEZ 7/24/2024 $ 14.25 CHETS HARDWARE P.HERNANDEZ 7/24/2024 $ 78.17 CHETS HARDWARE P.HERNANDEZ 7/31/2024 $ 57.57 CHETS HARDW/ARE P.HERNANDEZ 8/7/2024 $ 35.18 CHETSH HARDWARE P.HERNANDEZ 8/7/2024 $ 46.17 CHETSH HARDWARE P.HERNANDEZ 8/8/2024 $ 75.33 CHETSH HARDWARE P.HERNANDEZ 8/8/2024 $ 21.45 CHETSH HARDWARE P.HERNANDEZ 8/12/2024 $ 83.58 CHETSH HARDWARE P.HERNANDEZ 8/12/2024 $ 18.69 CHETSH HARDWARE  SUPPLIES- MAINTENANCE OFF PREMISES HARBOR MAINTENANCE SUPPLIES- MAINTENANCE OF PREMISES HARBOR MAINTENANCE SUPPLIES- MAINTENANCE OFF PREMISES HARBOR MAINTENANCE SUPPLIES- MAINTENANCE OFF PREMISES HARBOR MAINTENANCE SUPPLIES- MAINTENANCE OF PREMISES HARBOR MAINTENANCE SUPPLIES- MAINTENANCE OF PREMISES HARBOR MAINTENANCE SUPPLIES- MAINTENANCE OFF PREMISES HARBOR MAINTENANCE SUPPLIES- MAINTENANCE OF PREMISES HARBOR MAINTENANCE SUPPLIES- MAINTENANCE OF PREMISES HARBOR MAINTENANCE SUPPLIES- MAINTENANCE OF PREMISES HARBOR MAINTENANCE SUPPLIES- MAINTENANCE OF PREMISES HARBOR MAINTENANCE SUPPLIES- MAINTENANCE OF PREMISES HARBOR MAINTENANCE SUPPLIES- MAINTENANCE OFF PREMISES HARBORI MAINTENANCE SUPPLIES- MAINTENANCE OFF PREMISES HARBORI MAINTENANCE SUPPLIES MAINTENANCE OFF PREMISES HARBOR MAINTENANCE SUPPLIES- MAINTENANCE OFF PREMISES HARBORI MAINTENANCE SUPPLIES- MAINTENANCE OFF PREMISES HARBOR MAINTENANCE  SUPPLIES- SMALL1 TOOLS  HARBOR MAINTENANCE  P.HERNANDEZ 7/22/2024 $ 284.33 PEBBLYE BEACHE BUILDING: SUPPLY SUPPLIES- MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 7/22/2024 $ 107.22 PEBBLYB BEACHE BUILDINGS SUPPLY SUPPLIES- MAINTENANCE OFF PREMISES HARBORI MAINTENANCE P.HERNANDEZ 7/22/2024 $ 5.05 PEBBLY BEACH BUILDING SUPPLY SUPPLIES- MAINTENANCE OF PREMISES HARBOR MAINTENANCE  P.HERNANDEZ 8/13/2024 $ 185.56 PEBBLYBEACHE BUILDING SUPPLY SUPPLIES- MAINTENANCE OFF PREMISES HARBORI MAINTENANCE P.HERNANDEZ 8/14/2024 $ 332.56 PEBBLYBEACHE BUILDING SUPPLY SUPPLIES MAINTENANCE OFF PREMISES HARBOR MAINTENANCE  P.HERNANDEZ 8/15/2024 $ 21.91 PEBBLYBEACHE BUILDING SUPPLY SUPPLIES- FLOAT MAINTENANCE  HARBOR MAINTENANCE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE FINANCE FINANCE FINANCE FIRE FIRE FIRE FIRE FIRE FIRE ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION  RUBIO RUBIO RUBIO RUBIO RUBIO RUBIO RUBIO RUBIO RUBIO BAKER BAKER BAKER M.J.ALEGRIA M.J.ALEGRIA M.J.ALEGRIA M.J.ALEGRIA M.J.ALEGRIA MAISTROS MAISTROS MAISTROS DEVIN HART DEVIN HART SCHMIDT SCHMIDT SCHMIDT SCHMIDT SCHMIDT SCHMIDT SCHMIDT SCHMIDT SCHMIDT SCHMIDT SCHMIDT SCHMIDT SCHMIDT SCHMIDT MEFFERT GILBERT  7/19/2024 $ 81.38 CHETS HARDWARE 7/26/2024 $ 17.91 CHETS HARDWARE 7/26/2024 $ 2.02 CHETS HARDWARE 7/26/2024 $ 48.09 CHETS HARDWARE 7/26/2024 $ 29.05 CHETS HARDWARE 7/29/2024 $ 31.89 CHETS HARDWARE 7/29/2024 $ 599.52 TRUEWERK 8/5/2024 $ 109.96 CHETSH HARDWARE 8/7/2024 $ 23.08 CHETS HARDWARE 7/23/2024 $ 18.80 USPS 8/5/2024 $ 384.70 ZOOM 8/5/2024 $ 112.35 PAYPAL 8/5/2024 $ 207.16 REDONDO BEACHHOTEL 8/5/2024 $ 207.16 REDONDO BEACHH HOTEL 8/5/2024 $ 231.16 REDONDO BEACHI HOTEL 8/5/2024 $ 231.16 REDONDOB BEACHH HOTEL 8/6/2024 $ 155.62 ALLT THE KINGS FLAGS, INC 7/30/2024 $ 1,582.30 AMAZON 8/7/2024 $ 27.76 VONS 8/9/2024 $ 3,200.00 CALIFORNIA CONTRACTCITIES 8/2/2024 $ 82.96 CYBERLINKI NETWORK 8/2/2024 $ 35.00 SINCH MAILGUN 7/19/2024 $ 415.56 GO2MARINE 7/22/2024 $ 80.56 IMPRINTI NOW 7/31/2024 $ 7.69 LEO'SCATALINA DRUGS STORE 8/1/2024 $ 14.71 CHETS HARDWARE 8/2/2024 $ 174.23 CHETS HARDWARE 8/2/2024 $ 8.79 CHETS HARDWARE 8/7/2024 $ 101.58 UNITEDS STATES FLAG 8/8/2024 $ 16.49 CHETS HARDWARE 8/8/2024 $ 85.20 CHETS HARDWARE 8/13/2024 $ 65.98 CHETS HARDWARE 8/13/2024 $ 184.80 5.11INC 8/15/2024 $ 60.45 CHETS HARDWARE 8/15/2024 $ 79.79 CHETS HARDWARE 8/15/2024 $ 12.99 CANVA 8/13/2024 $ 17.59 AMAZON 7/19/2024 $ 13.67 CHETS HARDWARE  SUPPLIES- VEHICLE MAINTENANCE SUPPLIES- VEHICLE MAINTENANCE SUPPLIES- VEHICLE MAINTENANCE SUPPLIES- VEHICLE MAINTENANCE SUPPLIES VEHICLE MAINTENANCE SUPPLIES VEHICLE MAINTENANCE UNIFORMS-GARAGE SUPPLIES VEHICLE MAINTENANCE SUPPLIES- VEHICLE MAINTENANCE POSTAGE COSTS-IT REQUEST FORA ARCHIVEDD DATA UNIFORMS- FIRE LODGING- ALEGRIA LODGING- MEFFERT LODGING CISNEROS LODGING- -MAISTROS SUPPLIES-I MAINTENANCE OFF PREMISES FIRE SUPPLIES- -BATTERIES SUPPLIES-IT SUPPLIES- ADMIN MEMBERSHIP. -ADMIN OPERATION COSTS-IT OPERATION COSTS-IT  M.JALEGRIA 7/23/2024 $ 1,153.36 SHELTAI INC  M.J.ALEGRIA 8/14/2024 $ 504.95 THEH HOME DEPOT  SUPPLIES- MAINTENANCE OF PREMISES HARBOR SUPPLIES- MAINTENANCE OFP PREMISES HARBOR SUPPLIES- MAINTENANCE OFP PREMISES HARBOR SUPPLIES- MAINTENANCE OF PREMISES HARBOR SUPPLIES- MAINTENANCE OFP PREMISES HARBOR SUPPLIES- MAINTENANCE OF PREMISES HARBOR SUPPLIES- MAINTENANCE OFF PREMISES HARBOR SUPPLIES- MAINTENANCE OF PREMISES HARBOR SUPPLIES- MAINTENANCE OFF PREMISES HARBOR SUPPLIES- MAINTENANCE OFF PREMISES HARBOR UNIFORMS- HARBOR SUPPLIES- MAINTENANCE OFF PREMISES HARBOR SUPPLIES MAINTENANCE OFF PREMISES HARBOR SUBSCRIPTION:IT SUPPLIES- VEHICLES SUPPLIES MAINTENANCE OF PREMISES PLANNING & BUILDING  HARBOR HARBOR FIRE  Page 1of3    CITY OFA AVALON September: 17, 2024  USB BANK CREDIT CARD CHARGES PAID August 30, 2024  LASTI NAME POSTI DATE AMT USD VENDOR  DESCRIPTION SUBSCRIPTION: IT TOOLS- MOLEL LIGHTS CITYHALLI IMPROVEMENTS OFFICE SUPPLIES- PHOTO PAPER CREDIT TRAVEL TRAVEL TRAVEL SUPPLIES-FIRE CREDIT TRAVEL  DEPARTMENT PLANNING &E BUILDING PLANNING &E BUILDING PLANNING &E BUILDING PLANNING &E BUILDING PLANNING &E BUILDING FIRE FIRE FIRE FIRE FIRE FIRE FIRE  GILBERT GILBERT GILBERT GILBERT GILBERT GILBERT GILBERT GILBERT CISNEROS CISNEROS CISNEROS CISNEROS CISNEROS CISNEROS CISNEROS JEFFH. JEFFH. JEFFH. JEFFH. JEFFH. JEFFH. JEFFH. JEFFH. JEFFH. JEFFH. JEFFH. JEFFH. JEFFH. JEFFH. JEFFH. JEFFH. JEFFH. JEFFH. JEFFH. JEFFH. JEFFH. GONZALES GONZALES  7/19/2024 $ 28.53 PEBBLYE BEACHE BUILDING SUPPLY SUPPLIES- MAINTENANCE OFF PREMISES PLANNING &E BUILDING  7/22/2024 $ 25.39 CHETSH HARDWARE 7/22/2024 $ 26.94 CHETSH HARDWARE 7/22/2024 $ 20.00 PROPERIYRECS.COM 7/29/2024 $ 41.78 CHETS HARDWARE 8/7/2024 $ 54.98 CHETS HARDWARE 8/9/2024 $ 358.29 HP.COM 7/29/2024 $ (42.75) CATALINAE EXPRESS 7/29/2024 $ 295.50 CATALINAE EXPRESS 7/29/2024 $ 47.00 CATALINA EXPRESS 7/29/2024 $ 42.75 CATALINAE EXPRESS 7/29/2024 $ 61.72 VONS 8/1/2024 $ (40.75) CATALINAE EXPRESS 8/1/2024 $ (42.75) CATALINAE EXPRESS 7/17/2024 $ 6.59 CHETS HARDWARE 7/17/2024 $ 1.86 CHETS HARDWARE 7/19/2024 $ 53.32 CHETS HARDWARE 7/19/2024 $ 9.01 CHETS HARDWARE 7/19/2024 $ 14.83 CHETS HARDWARE 7/24/2024 $ 23.69 CHETS HARDWARE 7/24/2024 $ 21.77 CHETS HARDWARE 7/26/2024 $ 8.80 CHETS HARDWARE 7/29/2024 $ 48.36 CHETS HARDWARE 7/29/2024 $ 55.72 CHETS HARDWARE 7/31/2024 $ 63.73 CHETS HARDWARE 7/31/2024 $ 15.94 CHETS HARDWARE 8/1/2024 $ 105.50 CHETS HARDWARE 8/2/2024 $ 70.31 CHETS HARDWARE 8/7/2024 $ 19.22 CHETS HARDWARE 8/9/2024 $ 57.10 CHETSH HARDWARE 8/12/2024 $ 72.52 CHETS HARDWARE 8/12/2024 $ 94.49 CHETS HARDWARE 8/12/2024 $ 32.08 CHETS HARDWARE 8/14/2024 $ 25.27 CHETSH HARDWARE 7/26/2024 $ 30.45 USPS 8/13/2024 $ 37.08 LLOYDSC OFA AVALON  SUPPLIES- MAINTENANCE OFF PREMISES PLANNING &E BUILDING SUPPLIES- MAINTENANCE OF PREMISES PLANNING &8 BUILDING  8/12/2024 $ 103.49 NATIONALI FIRE PROTECTION/ ASS. SUBSCRIPTION: TRAINING  SUPPLIES- MAINTENANCE OFF PREMISES PUBLICV WORKS SUPPLIES- MAINTENANCE OFF PREMISES PUBLIC WORKS SUPPLIES- MAINTENANCE OFF PREMISES PUBLIC WORKS SUPPLIES- MAINTENANCE OFF PREMISES PUBLIC WORKS SUPPLIES- MAINTENANCE OFF PREMISES PUBLIC WORKS SUPPLIES MAINTENANCE OFF PREMISES PUBLIC WORKS SUPPLIES- MAINTENANCE OFF PREMISES PUBLIC WORKS SUPPLIES MAINTENANCE OFF PREMISES PUBLIC WORKS SUPPLIES- MAINTENANCE OFF PREMISES PUBLICV WORKS SUPPLIES MAINTENANCE OFF PREMISES PUBLICV WORKS SUPPLIES- MAINTENANCE OFF PREMISES PUBLIC WORKS SUPPLIES- MAINTENANCE OF PREMISES PUBLIC WORKS SUPPLIES- MAINTENANCE OFF PREMISES PUBLIC WORKS SUPPLIES- MAINTENANCE OF PREMISES PUBLIC WORKS SUPPLIES- MAINTENANCE OF PREMISES PUBLIC WORKS SUPPLIES MAINTENANCE OFF PREMISES PUBLIC WORKS SUPPLIES- MAINTENANCE OFF PREMISES PUBLIC WORKS SUPPLIES- MAINTENANCE OFF PREMISES PUBLIC WORKS SUPPLIES- MAINTENANCE OFF PREMISES PUBLIC WORKS SUPPLIES MAINTENANCE OFF PREMISES PUBLIC WORKS POSTAGE TAFFY- CONGRESSMAN GARCIA'S TEAM ADMINISTRATION TOOLS- DOCKLIGHTS SUBSCRIPTION- IT SMALL TOOLS PERSONAL PROTECTIVE EQUIPMENT HARBOR BANK ANDO CREDIT CARDF FEES FUEL DOCKT TESTING SMALL TOOLS OFFICE SUPPLIES COMMUNICATIONS  8/6/2024 $ 66.79 PEBBLY BEACHE BUILDING SUPPLY SUPPLIES- -STREETF PAINTING  PUBLIC WORKS  ADMINISTRATION HARBOR HARBOR HARBOR HARBOR HARBOR HARBOR HARBOR HARBOR  CARSTARPHEN 7/22/2024 $ 168.29 VEVOR CARSTARPHEN 7/29/2024 $ 3.99 WEATHERFLOW CARSTARPHEN 8/2/2024 $ 13.74 CHETSH HARDWARE CARSTARPHEN 8/5/2024 $ 59.80 WEST MARINE CARSTARPHEN 8/5/2024 $ 672.55 DATATEL COMMUNICATIONS CARSTARPHEN 8/6/2024 $ 1,740.00 CHARLESETHOMAS CARSTARPHEN 8/9/2024 $ 9.33 CHETSH HARDWARE CARSTARPHEN 8/9/2024 $ 240.45 EBAY CARSTARPHEN 8/12/2024 $ 19.00 SENDHUB SMS SUBSCRIPTION  HMIELAK HMIELAK HMIELAK HMIELAK HMIELAK HMIELAK HMIELAK HMIELAK HMIELAK HMIELAK HMIELAK DAVIDI HART HART DAVIDH HART DAVIDH HART DAVIDH HART DAVIDHART DAVIDHART DAVIDHART DAVIDH HART DAVIDH HART DAVIDH HART DAVIDH HART  7/29/2024 $ 13.40 CHETS HARDWARE 7/29/2024 $ 1.76 CHETSH HARDWARE 8/5/2024 $ 5.27 CHETS HARDWARE 8/7/2024 $ 60.45 CHETS HARDWARE 8/8/2024 $ 138.85 CHETS HARDWARE 8/12/2024 $ 279.09 FASTENERS PLUS 8/13/2024 $ 434.70 SONLIGHT AUTO 8/14/2024 $ 181.50 FRYS SPECIALTY COMPANY 8/15/2024 $ (1,642.45) INCSTORESLLC 7/18/2024 $ 385.00 SWANK MOTIONF PICTURES 7/19/2024 $ 19.96 VONS 7/19/2024 $ 12.00 JOES RENT-A-8OAT 7/19/2024 $ 25.00 JOESF RENT-A-BOAT 7/25/2024 $ 385.00 SWANK MOTION PICTURES 7/29/2024 $ 24.09 CHETS HARDWARE 7/29/2024 $ 8.02 VONS 7/29/2024 $ 10.99 VONS 7/29/2024 $ 5.27 VONS 7/29/2024 $ 51.86 VONS 7/31/2024 $ 385.00 SWANK MOTIONF PICTURES 7/31/2024 $ 126.52 EPICSPORTS  SUPPLIES- MAINTENANCE OF PREMISES PUBLICWORKS SUPPLIES- MAINTENANCE OF PREMISES PUBLIC WORKS SUPPLIES- MAINTENANCE OF PREMISES PUBLIC WORKS SUPPLIES MAINTENANCE OF PREMISES PUBLIC WORKS SUPPLIES CEMETERY MAINTENANCE PUBLIC WORKS SUPPLIES- HARBORI MAINTENANCE PUBLIC WORKS SERVICE VEHICLE MAINTENANCE SUPPLIES- CASINO WAYE RESTROOM PUBLIC WORKS CHAMBER CARPETING MOVIE: SUMMERE PROGRAMS SUPPLIES SUPPLIES- SUMMER PROGRAMS SUPPLIES- SUMMERE PROGRAMS MOVIE: SUMMER PROGRAMS SUPPLIES SUPPLIES- DAYCAMP SUPPLIES SUPPLIES- DAYCAMP SUPPLIES- DAYCAMP MOVIE: SUMMERE PROGRAMS SUPPLIES- YOUTH RECP PROGRAMS  8/1/2024 $ 44.69 PEBBLYB BEACHE BUILDING! SUPPLY SUPPLIES- FRONT STREET PLANTER PUBLIC WORKS 8/5/2024 $ 730.98 PEBBLYB BEACHB BUILDING SUPPLY SUPPLIES MAINTENANCE OFF PREMISES PUBLIC WORKS 8/6/2024 $ 1,599.40 TOTAL PLASTICSI INTERNATIONAL SUPPLIES- HARBORI MAINTENANCE PUBLIC WORKS  PUBLIC WORKS PUBLICI WORKS RECREATION RECREATION RECREATION RECREATION RECREATION RECREATION RECREATION RECREATION RECREATION RECREATION RECREATION RECREATION  Page 2of3    CITY OF AVALON September: 17, 2024  USE BANK CREDIT CARD CHARGES PAID August 30, 2024  LASTN NAME POSTDATE AMTI USD VENDOR  DESCRIPTION SUPPLIES- DAYCAMP SHIPPING- QSCF REPAIR SUPPLIES- REPAIRE PARTS SUPPLIES- MAINTENANCE OFF PREMISES RECREATION POSTAGE TRAVEL SUPPLIES- SUMMER PROGRAMS SUPPLIES- SUMMERI PROGRAMS MOVIE: SUMMERE PROGRAMS MOVIE: SUMMERE PROGRAMS MOVIE: SUMMERP PROGRAMS OFFICE SUPPLIES- STAMPS SUPPLIES- DAYCAMP UNIFORMI EMBROIDERY- CODE SUPPLIES-CODE OPERATION COSTS-IT OPERATION COSTS-IT UNIFORM BELT- CODE CITATIONE BOOKLETS-CODE UNIFORMS- CODE CREDIT- UNIFORMS- CODE  DEPARTMENT RECREATION RECREATION RECREATION RECREATION RECREATION RECREATION RECREATION RECREATION RECREATION RECREATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION  DAVIDH HART DAVIDH HART DAVIDH HART DAVIDH HART DAVIDH HART DAVIDI HART DAVIDI HART DAVIDI HART DAVIDH HART DAVIDI HART DAVIDH HART DAVIDH HART DAVIDH HART FRANCIS FRANCIS FRANCIS FRANCIS FRANCIS FRANCIS FRANCIS FRANCIS FRANCIS  8/5/2024 $ 9.98 VONS 8/5/2024 $ 42.98 UPS 8/6/2024 $ 87.12 BLTINTLE-ZUP 8/7/2024 $ 36.48 CHETSH HARDWARE 8/7/2024 $ 10.60 USPS 8/8/2024 $ 92.00 CATALINAEXPRESS 8/12/2024 $ 4.72 CHETSHARDWARE 8/12/2024 $ 3.99 VONS 8/14/2024 $ 385.00 SWANK! MOTIONF PICTURES 8/14/2024 $ 385.00 SWANK MOTIONF PICTURES 8/14/2024 $ 385.00 SWANK MOTIONF PICTURES 8/14/2024 $ 61.55 VISTAPRINT 8/15/2024 $ 44.08 VONS 7/25/2024 $ 297.00 ISLANDT THREADSA AVALON 7/26/2024 $ 22.48 TARGET 7/29/2024 $ 535.17 CATALINAC CANYONI INNA AVALON LODGING-IT 7/31/2024 $ 120.00 DUOS SECURITY,LLC 8/1/2024 $ 53.30 HOOKS SECURITY 8/2/2024 $ 64.41 BRIGHTON 8/8/2024 $ 1,647.14 SIRS SPEEDY PRINTING 8/12/2024 $ 468.56 DECKERSHOKA 8/15/2024 $ (23.16) FOOTWEAR- DECKERSCOPR $ 26,772.76 CHECKI NUMBER: 38612-38614  Page 3of3    CITY OFA AVALON WARRANTI September: 17, 2024 NAME  CHECK DATE NUMBER ISSUED 38623 09/03/2024 $  AMOUNT  DESCRIPTION CONTRACT SVCS-09/24 TOT- 09/2024  24,083.33 AVALON SHOREBOAT SERVICE CORP.  38624 09/03/2024 $ 137,500.00 CATALINA CHAMBERC OF COMMERCE  161,583.33  Pagei 1of1    CITY OF AVALON CITY COUNCIL  MEETING DATE: ORIGINATING DEP: PREPARED BY: SUBJECT:  September 17, 2024  AGENDA ITEM: CITY MANAGER: DN  2  Fire  Aliana Gonzales, Administrative Analyst Michael Alegria, Fire Chief 2024 Volunteer Fire Assistance Grant  RECOMMENDED ACTION(S): Adopt a resolution authorizing the City Manager to execute an agreement to enter into the Volunteer Fire Assistance Grant (VFA) with the California REPORT SUMMARY: The Volunteer Fire Assistance Grant (VFA) Program is ai federally funded grant program that allows California to provide local and rural fire departments with minor firefighting, training, communications and safety equipment for their volunteer firefighters. The VFA Program is not intended for major equipment (fire engines, vehicles, etc.) or Capital repairs. The VFC Program has a 50/50 match requirement which means that the applying department must be able to meet the intended grant award, dollar for dollar. Awards for departments are set at a minimum of $500 with a maximum of $20,000. Amounts may be adjusted based on the grant The City has applied for this grant five times since 2011 and received four awards for the replacement oft turnouts and radio equipment. The most recent award was received in 2014 and helped replace outdated turn out equipment for some of Avalon Fire Department's reserve firefighters. The City filed an application in spring 2024 and we received notice of award in early The FY 2025 budget has allocated $25,000.00 in funds towards personal protective equipment replacement. The cost per set of structural firefighting coats and pants has doubled in price over the last decade and roughly costs about $3,800.00 per set. Accepting this award allows the department to replace aged turnouts for approximately 25% of its personnel at roughly half the  Department of Forestry and Fire Protection (Cal Fire) for $20,000.00.  funding available.  September 2024.  cost.  GOAL ALIGNMENT: Replace out of date personal protective equipment. project will be funded through the General Fund, 10245-3617.  FISCAL IMPACTS: $22,129.34 will be spent from this year's turnout budget of $25,000.00. The CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will lose $20,000 in grant funding meant to support the purchase of turnouts for the Fire Department.    FOLLOW UP ACTION: Complete the VFA grant agreement with adopted resolution. Eligibility ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted  requires that the agreement be completed and returned by December 1, 2024.  agenda pursuant to the Brown Act. ATTACHMENTS: 1. Grant agreement 2. Resolution    State of California Cooperative Fire Protection GRANT AGREEMENT Volunteer Fire Assistance 7GF24302  Department of Forestry and Fire Protection (CAL FIRE)  APPLICANT: PROJECT TITLE: GRANT AGREEMENT:  PROJECT PERFORMANCE PERIOD is from date upon approval through June 30, 2025. Under the terms and conditions of this Grant Agreement, the applicant agrees to complete the project as described ini the project description, and the State of California, acting through the Department of Forestry & Fire Protection, agrees tot fund the project up tot thet total state grant amount indicated. PROJECT DESCRIPTION: Cost-share funds awarded to provide assistance to rural areas in upgrading their capability to organize, train, and equip local forces for fire protection.  Total State Grant not to exceed $  $20,000.00  (orp project costs, whichever is less). STATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION  *The Special and General Provisions attached are made a part ofa andi incorporated into this Grant Agreement.  City of Avalon Fire Department  Applicant  By  By  Signature of Authorized Representative  Title: David Scheurich  Title City Manager Date  Staff Chief, Cooperative Firel Programs  Date  CERTIFICATION OF FUNDING  GRANT AGREEMENT NUMBER FUND 0001 PROJECTID 354024DG2012171 GLUNIT 3540 PROGRAM NUMBER 9999000FED ACCOUNT 5340580 REPORTING STRUCTURE 35409206  POID FUNDI NAME General Fund ACTIVITY ID SUBGNT BUDI REF 001 ENY 2024 ALTACCOUNT 5340580002 SERVICE LOCATION 92766  SUPPLIER ID AMOUNT OFE ESTIMATE! FUNDING $20000 ADJ. INCREASING ENCUMBRANCE $0.00 ADJ. DECREASING ENCUMBRANCE $0.00 UNENCUMBERED BALANCE $2 20000  CHAPTER 35  Ihereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.  Signature OfCAL FIRE Accounting Officer  Date    7GF24302  VOLUNTEER FIRE. ASSISTANCE PROGRAM TERMS AND CONDITIONS  DEPARTMENT OF FORESTRY AND FIRE PROTECTION  STATE OF CALIFORNIA Natural Resources Agency Agreement for the Volunteer Fire Assistance Program of the Cooperative Forestry Assistance Act of1978  THIS AGREEMENT, made and entered between the STATE of California, acting through the Director of thel Department of Forestry and Fire Protection hereinafter called "STATE", and  CityofAvalon Fire Department "LOCAL AGENCY", covenants as follows:  hereinafter called  RECITALS:  1. STATE has been approved as a passthrough agent oft the United States Department of Agriculture, (USDA), Forest Service for the purpose of administering the Volunteer Fire Assistance program in California, hereinafter referred to as VFA, authorized by the Cooperative Forestry Assistant Act of 1978(PL95-313, 92 Stat, 365, 161 U.S.C.2106: as Thisi is a subaward under the 2024 Volunteer Fire Assistance Grant 24-D0-11052012-171 awarded to STATE by thel Forest Service on August 23, 2024. The Federal Assistance Listing fort the award is 10.698, Cooperative Fire Program. This subaward is funded solely with Federal funds andi is subject to the Office ofl Management and Budget (OMB) guidance in subparts A through F of2 CFR Part 200, as adopted and supplemented by the USDA in 20 CFR Part 400, and under certain terms and conditions to LOCAL AGENCYto assist LOCAL AGENCY1 to upgrade its fire protection capability. LOCAL. AGENCY desires to participate in said VFA and agrees to the terms and conditions specified int the Procedural Guide for Volunteer Fire Assistance Program 2024. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. LOCAL AGENCY may not commence performance until such approval has been obtained. INCORPORATION: Thel Procedural Guide for Volunteer Fire Assistance Program 2024, submitted Application for Funding and associated Grant Assurances are hereby incorporated by reference as part of the Grant. Agreement. 6. TMELINESS: Timei is of the essencei in this Agreement.  amended).  2.  3.  NOW THEREFORE, iti is mutually agreed between the parties as follows:  4. 5.  7.  FORFEITURE OF AWARD: LOCAL AGENCY must return this Agreement and required resolution properly signed and executed to STATE: at the email address specified inj paragraph 12, with a timestamp no later than December: 1, 2024 or  LOCAL AGENCY will forfeit the funds.  2    7GF24302  8. GRANT AND BUDGET CONTIGENCY CLAUSE: Iti is mutually understood between the parties that this Agreement may have been written fort the mutual benefit ofboth parties before ascertaining the availability of congressional appropriation off funds, to avoid program and fiscal delays thaty would occuri ift the. Agreement were executed after that This Agreement is valid and enforceable only ifsufficient funds are made available to1 the STATE by the United States Government for the State Fiscal Year 2024 for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding oft this Agreement in any manner. The parties mutually agree that ift the Congress does not appropriate sufficient funds for the program, this. Agreement shall be amended to reflect any reduction in funds. The STATE has the option toi invalidate the Agreement under the: 30-day cancellation clause or to amend the Agreement to reflect any reduction in funds. REIMBURSEMENT: STATE will reimburse LOCAL. AGENCY, from funds made available to STATE by the Federal Government, an amount not to exceed $20,000.00 on a 50/50 matching funds basis, fort the performance ofs specific projects and/or purchase of specific items identified in Proposed Project, Application for Funding, attached hereto. Reimbursement will be only for those projects accomplished and/or items purchased between THE LAST SIGNATORY DATE ONI PAGE1 and JUNE: 30, 2025. This sum is thes sole and maximum payment that STATE will make pursuant to this Agreement. LOCAL. AGENCY must bill STATE: at the e-mail address specified in paragraph 12, withat timestamp no later than September 1,2 2025 in order to receive the funds. The bill submitted by LOCAL. AGENCY must clearly delineate the projects performed and/or items purchased. A vendor's invoice and proof of! payment to vendor(s) must be included 10. MIMITATIONS: Expenditure oft the funds distributed by STATE! herein is subject to the same limitations as placed by the VFA, upon expenditure of United States Government Funds. Pursuant to 2CFR200.313 Equipment, subject tot the obligations and conditions set forthi int that section; titlet to any equipment and supplies acquired under this Agreement vests with the LOCAL AGENCY. For any equipment items over: $5,000, the federal government: may retain a vested interested in accordance with paragraph 17 below. 11. MATCHINGFUNDS: Any and all funds paid to LOCAL AGENCY under the terms of this Agreement, hereinafter referred to as "VFA Funds", shall be matched by LOCAL AGENCY on a dollar-for-dollar basis, for each project listed on attachment(s) hereto identified as' "Proposed Project". No amount of unpaid "contributed" or' "volunteer" labor or services shall be used or consigned in calculating thet matching amount "actually spent" LOCAL AGENCY shall not use VFA Funds as matching funds for other federal grants, including Department of Interior (USDI) Rural Fire. Assistance grants, nor use funds from other federal grants, including USDI Rural Fire Assistance grants, as matching funds for  determination was made.  9.  for items purchased.  by LOCAL AGENCY.  VEA Funds.  3    7GF24302  12. ADDRESSES: The mailing addresses of the parties hereto under the terms oft the  Agreement are:  LOCAL AGENCY: CityofAvalon Fire Department  Attention: Michael Alegria Telephone Number(:310-510-510-0203ext.205 -mallmalegriaQcityofayalon.com. Department of Forestry and Fire Protection Grants Management Unit, Attn: VFA P.0. Box 944246 Sacramento, California 94244-2460 E-MAIL: CALFIRE.GRANTSQfre.Ca.goV  STATE:  13. PURPOSE: Any project to be funded hereunder must be intended to specifically assist LOCAL AGENCY to organize, train, and/or equip local firefighting forces in the aforementioned rural area and community to prevent or suppress fires which threaten life, resources, and/or improvements within the area of operation OfLOCAL AGENCY. Project 14. COMBINING: Int the event funds are paid for two or more: separate, but closely related projects, the 50/50 cost-sharing formula willl be applied to the total cost of such combined 15. OVERRUNS: Int the event that thet total cost ofai funded project exceeds the estimate of costs upon which this Agreement is made, LOCAL. AGENCY may request additional funds to cover the Agreement share oft the amount exceeded. However, there is no assurance that any such funds are, or may be, available for reimbursement. Any increase in funding 16. UNDERRUNS: Int the event that the total cost ofa funded project is less than the estimate ofcosts upon which this Agreement is made, LOCAL. AGENCY may request that additional eligible projects/items be approved by STATE: for Agreement funding. However, therei is no assurance that any such approval willl bei funded. Approval of additional projects/items, not listed on the Proposed Project application, made by STATE, 17. FEDERAL INTEREST INI EQUIPMENT The Federal Government has a vested interest in any item purchased with VFA funding in excess of $5,000 regardless oft the length of this Agreement, until such time as the fair market value is less than $5,000. The VFA percentage usedt to purchase the equipment will be applied to the sale price and recovered fori the Government during thes sale. This percentage will remain thes same even following depreciation. The Federal Government may not have to be reimbursed ifthe disposal sale amounts toal fair market value of less than $5,000. LOCAL. AGENCY will notify STATE  funds are not to be used for research ard development.  projects.  will require an amendment.  will bei in writing and will require an amendment.  ofthe disposal of such items.  4    7GF24302  18. EQUIPMENTI INVENTORY: Any single item purchased ine excess of $5,000 willl be assigned an VFA Property Number by the STATE. LOCAL AGENCY shall forwarda a copy of the purchase documents listing thei item, brand, model, serial number, any LOCAL AGENCY property number assigned, and al LOCAL. AGENCY contact and return address to STATE at the address specified inj paragraph 12. The STATE will advise the LOCAL 19. AUDIT: LOCAL. AGENCY agrees that the STATE, the Department of General Services, thel Bureau of State Audits, or their designated representative shall have the right toi review and to copy any records and supporting documentation pertaining to the performance of this Agreement. LOCAL AGENCY agrees to maintain such records for possible audit for aminimum of five (5)years after final payment, unless al longer period of records retention iss stipulated. LOCAL. AGENCY agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews ofany employees who might reasonably have information related tos such records. Further, LOCAL. AGENCY agrees to inclu ude a similar right of the State ofCalifornia to audit records and interview staffi in any subcontract ralated to performance oft this Agreement. (GC8 8546.7, PCC 10115 et seq., 20. DISPLTES: Int the event of any dispute over qualifying matching expenditures ofL LOCAL AGENCY or audit findings, the dispute willl be decided by STATE: and its decision shall be 21. MONITORING: LOCAL. AGENCY: agrees to the monitoring of activities as necessary by STATEto ensure that the award is used for authorized purposes, in compliance with Vaderal siatutes, regulations, and thet terms and conditions of the agreement; and that 22. INPEMMIFICATION: LOCAL. AGENCY agrees toi indemnify, defend, and save harmless, the STATE, its officers, agents, and employees, from any and all claims and losses, accruing or resulting to: any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance oft 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 LOCAL. AGENCY in the performance oft this Agreement. 23. CVIR RICHTS:LOCAL AGENCY agrees to comply with civil rights requirements as detailed in the Complying With Civil Rights Requirements brochure (FS-850) and the. And Justice For All poster (AD-475A). The poster is to be plaçed at all public point of 24. PBG-ERFEVORKPLACEREOUIREMENTSLOCALAGENCY will comply with tha requirements of the Drug-Free Workplace Aot of1990 and will providea a. Pubiish as statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use ofa controilcd substance is prohibited and specifying actions to be taken against employees for b. Establish al Drug-Free Awareness Program to inform employees about:  AGENCY Contact ofthe VFA Property Number assigned.  CCR. Title 2. Section 1896). final and binding.  performance. goals are achieved.  conractreception areas.  drug-frec workplace by taking the following actions:  Violations.  5  rs    7GF24302  1) the dangers of drug abusc in the workplace; 2) the person's or organization's policy of maintaining a drug- 3) any available counseling, rehabilitation and employee 4) penalties that may bei imposed upon employees for drug  free workplace; assistance programs; and, abuse violations.  C. Every employee who works on the proposed Agreement will:  I) receive a copy oft the company's drug-free workplace policy 2) agree to abide by the terms of the company's statement as a condition ofe employment on the. Agreement.  statement; and,  Failurc to comply with these requirements may result in suspension of! payments under the Agreement or termination of the Agreement or both and LOCAL AGENCY may be ineligible for funding ofany future State Agreement if the department determines that any of the following has occurred: (1) the LOCAL AGENCY has rade false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.) 25. TERM: The term of the. Agreement SHALL COMMENCE ONTHEI LAST SIGNATORY DATE ON) PAGE1: and continue through June. 30, 2025. 26. TERMINATION: This Agreement may bet terminated by either party giving 30 days written notice to the other party or provisions herein amended upon mutual consent ofthe 27. AMENDMENTS: No amendment or variation of the terms of this Agreement shall be velidualess made in writing, signed byt the parties and approved as required. No oral vuderstai ding or Agreement not incorporated in the Agreement is binding on any ofthe 28. INDEPENDENT CONTRACTOR: LOCAL AGENCY, and the agents and employees of LOCAL AGENCY, in the performance oft this Agreement, shall act in an independent capacity and not as officers or employees or agents of the STATE or the Federal 29. MPRECTRATE: LOCAL AGENCY may not assess an indirect rate in excess of their Federally approved Negotiated Indirect Cost Rate Agreement (NICRA), a de minimis rate ifLOCAL. AGENCY does not have an approved NICRA, or the VFA program cap rate of 10%, whichever is lesser. LOCAL AGENCY may also eiect not to assess ani indirect rate.  parties hereto.  parties.  Government.  The approved indirect cost rate al thet time ofexecution is 0%.  6  M    7GF24302  30. MEDIA: LOCAL AGENCY shall acknowledge STATE: and USDA Forest Service support ina any publications, audiovisuals ande electronic media developed as ai result oft this Itise encouraged to give public notice of the receipt of this award and announce progress and accomplis lishments, acknowledging STATB: and USDA Forcst Service support. Follow 31. ASSIGNMENT This Agreement is not assignable byl LOCAL AGENCY either in whole  award.  direction in USDA Supplemental 2 CFR415.2.  ori in part.  7    RESOLUTION NO.  AR RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON, CALIFORNIA, WHEREAS, the City of Avalon was awarded $20,000.00 towards a $42,129.34 project through the California Department of Forestry and Fire Protection. The grant funds will allow the City of Avalon Fire Department the ability to purchase structure fire personal protective equipment, turnouts and pants with grant funds in addition to matching City funds. WHEREAS, Avalon Municipal law and California law allows the City Council to approve the agreement between the City of Avalon and California Department of Forestry and Fire  AUTHORIZING THE TITLE VI COMPLIANCE PLAN  Protection VFA Grant Agreement.  NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF 1. The City Council hereby finds that the City of Avalon Fire Department and California Department of Forestry and Fire Protection will implement VFA Grant Agreement in the amount 2. The City Manager is authorized to implement and take all actions necessary to  AVALON DOES HEREBY RESOLVE AS FOLLOWS:  of $20,000.00.  effectuate the 2024 Cal Fire VFA Grant.  Passed, Approved and Adopted on the 17" day of September, 2024. I, the undersigned, hereby that the foregoing Resolution Number_ City Council of the City of Avalon following a roll call vote:  was duly adopted by the  Ayes: Noes: Absent: Abstain:  Ann H. Marshall, Mayor  Gabrielle Morones, City Clerk    CITY OF AVALON CITY COUNCIL  MEETING DATE: ORIGINATING DEP: PREPARED BY: SUBJECT:  September 17, 2024 Finance  AGENDAITEM: 3 CITY MANAGER: Du  Matthew Baker, Finance Director  Adoption of the Cruise Ship Wharfage Fee Increase  RECOMMENDED ACTION(S): Adopt an ordinance repealing and replacing chapter 10-2.402(b) of the Avalon Municipal Code, use fees for harbor cruise ship passengers, and adoption of REPORT SUMMARY: This ordinance was introduced, and all further readings waived at the At the June 4, 2024 City Council Meeting, City Staff recommended increasing the cruise ship wharfage rate to $7.00 per passenger beginning July 1, 2025. City Council provided City Staff with direction to bring back an ordinance with the proposed increase to the cruise ship wharfage rate supported by a rate analysis. City Staff prepared an analysis of its operations to determine the per passenger cruise ship wharfage fee that would adequately reimburse the City's Harbor Fund on a cost-based and proportional basis. A copy of this analysis has been included as an As a result of the analysis, City Staff determined that the current cruise ship wharfage rate of $5.00 per passenger should be increased by $2.50 per passenger in order to recover cruise ship visitors' share of capital expenditures in the harbor. The proposed increase would generate an additional $900 thousand annually to fund maintenance of existing facilities and capital improvements. Based on prior discussions with cruise operators, City Staff proposes implementing the wharfage increase effective January 1, 2026 to provide operators with As outlined in $10-2.402(b)(6), the City of Avalon currently provides an annual marketing incentive for cruise lines deploying a second ship to Catalina for 50 or more calls per year in an amount equal to 50% of the wharfage fees collected for the second ship. No cruise line has been eligible for this incentive since 2019 and no cruise line will be eligible based on the current approved schedule of arrivals. As a result, the marketing incentive was not considered as part of the rate analysis and the incentive does not provide a proportional reimbursement of harbor Effective January 1, 2026, City Staff is proposing to charge all cruise ships calling upon Avalon 100% of the manifest for cruise ship passengers, minus any crew, at the rate of $7.50 per Effective thirty (30) days after the adoption of the ordinance, the City will no longer offer as a marketing incentive an amount equal to 50% of wharfage fees collected from a second ship from  findings under the California Environmental Quality Act. September 3, 2024 regular City Council Meeting.  attachment to this report.  adequate notice in consideration for existing bookings under the current rate.  operating and capital costs.  passenger.  the same cruise line who calls upon Avalon fifty (50) calls or more a year.    City Staff further recommends conducting a review of use rates on a periodic basis to ensure the Harbor Fund is reimbursed by its users on a cost-based and proportional basis. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Avalon Municipal Code will not be amended and cruise ship wharfage will remain at $5.00 per passenger.  FOLLOW UP ACTION: Second reading of the ordinance  ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted ATTACHMENTS: Ordinance; Cruise Ship Wharfage Rate Analysis Memorandum dated August  agenda pursuant to the Brown Act.  28,2024    ORDINANCE NO.  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVALON REPEALING AND REPLACING CHAPTER 10-2.402(B) OF THE AVALON MUNICIPAL CODE, USE FEES FOR HARBOR CRUISE SHIP PASSENGERS, AND ADOPTION OF FINDINGS UNDER THE  CALIFORNIA ENVIRONMENTAL QUALITY ACT  WHEREAS, the City of Avalon (the "City") funds a portion of the costs for operating and maintaining thel harbor and harbor facilities on through use fees imposed uponj passengers who disembark or  return to the City through harbor facilities; and the revenues generated by these fees; and  WHEREAS, currently, the costs ofo operating and maintaining thel harbor and harbor facilities exceed WHEREAS, certain capital projects need to be undertaken to properly maintain these harbor WHEREAS, all revenues collected int the Harbor Fund, including wharfage fees, are useds solely for harbor operating and capital expenditures to ensure the continued safety and enjoyment oft the harbor; and WHEREAS, in March 2017, the City Council amended the Avalon Municipal Code Section 10-2.402(b) to increase wharfage fees on cruise ship passengers over a five (5) year period to five dollars ($5.00) for each  facilities; and  passenger sO landed, discharged loaded or embarked on or after July 1,2021; and  WHEREAS, in March 2017, the City Council amended the Avalon Municipal Code Section 10- 2.402(b)(6) to provide an annual marketing incentivei in consideration foracruise line deployingasecond: shipto Avalon for fifty (50) or more calls per year equal to fifty percent (50%) of the wharfage fees collected for the  second ship, payable quarterly, in arrears; and  WHEREAS, the City desires to eliminate the marketing incentive described in Avalon Municipal Code WHEREAS, the City desires to increase the wharfage fees on cruise ship arrivals tor recoup more ofthe costs of operating and maintaining the harbor and harbor facilities on a cost-based and proportional basis. NOWTHEREFORE, THECITYCOUNCILOFTHE: CITYOF AVALON DOESORDAIN  Section 10-2.402(b)(6); and  AS FOLLOWS: by this reference.  Section 1. IncorporationorRecials: The above recitals are: true and correct and arei incorporated herein Section 2. Section 10-2.402, subdivision (b), is repealed and replaced to read as follows:  As used in this subsection, "cruise ship" shall mean a vessel which lists Avalon as a port-of-call and which anchors SO as to permit passengers to disembark and return to the same vessel. The fee of five  A-1    dollars ($5.00) for each passenger shall be levied upon one hundred percent (100%) of the manifest passengers on a cruise ship, excluding persons employed upon the vessel. Commencing on January 1, (1) Seven dollars and fifty cents ($7.50) for each passenger shall be levied upon one hundred percent (100%) ofthe manifest on ac cruise ship, excluding persons employed upon the vessel, on  2026, the fee shall be increased as follows:  ora after. January 1, 2026:  Section 3. The City Council hereby finds that the fees shall be used for covering the operating expenses ofthel harbor, toj purchase supplies, equipment, and materials for the harbor and harbor facilities, to1 meet the City'sfinancial reserve needs and requirements, and to obtain funds necessary: for capital projects in orderto maintain services within the harbor. The City Council further finds that such fees are necessary and reasonable to fund the administration, operation, maintenance, and improvements ofthe harbor and harbor facilities. Based on these findings, the City Council hereby determines that this Ordinance is exempt from the requirements of CEQA pursuant to California Public Resources Code section 21080(b)(8) and State Section 4. Severability. Ifa any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality. shall not affect other provisions or applicationsofthis' Ordinance which can be given effect without thei invalid provision or application, and to this end the provisions ofthis Ordinance are severable. The City Council of the City of Avalon hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective ofthe fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Section 5. The City Council of the City of Avalon shall certify the passage and adoption of this ordinance and shall cause the same to be published and/or posted in the manner required by law.  CEQA Guidelines section 15273(a).  INTRODUCED at a regular meeting of the City Council oft the City of Avalon on the 3rd day of  September 2024, by the following vote:  AYES: NAYS: ABSENT: ABSTAIN:  A-2    PASSED, APPROVED AND ADOPTED at a regular meeting oft the City Council oft the City  ofAvalon on this 17h day of September 2024, by the following vote.  AYES: NAYS: ABSENT: ABSTAIN:  Ann H. Marshall, Mayor  Attest:  Gabrielle Morones, City Clerk  APPROVED AST TO FORM:  Scott Campbell Best Best & Krieger, LLP  A-3    CITY OF AVALON CITY COUNCIL  MEETING DATE: ORIGINATING DEP: PREPARED BY: SUBJECT:  September 17, 2024 Public Works  AGENDA ITEM:  CITY MANAGER: DMM  Jamie Hmielak, Maintenance Superintendent Declare Vehicles and Equipment as Surplus  RECOMMENDED ACTION(S): Adopt a resolution declaring vehicles and equipment listed in resolution as surplus property and authorize the City Manager to dispose ofitina accordance with REPORT SUMMARY: Historically, the City Council is presented with a list of items that are surplus, the Council declares it surplus, and then the declared items are either sold via Public Surplus, given to charity, or disposed of properly. Staff has compiled a list of vehicles that the City ofAvalon ("City") no longer uses and is insufficient for the current needs of the Public' Works Department, Community Services, Wastewater Treatment Plant, or Avalon Transit. The listed surplus vehicles below are inoperable, not able to bee economically repaired, and/ora are no longer  City policy.  safe to use.  Year/M Make IN Model 2008 Ford Ranger Pickup Truck 2005 Ford F-350 Utility Truck 2006 Ford LCF Flatbed Truck 2007 Club Car Carryall 295 Itellitrak FISCAL IMPACTS: Unknown  Dept. Harbor Maint. Garage Public' Works Harbor Maint.  License Plate 1317656 1196683 1253246 1277194  VIN# IFIYRIOD98PB13706 1FDWF36P95EB40844 3FRLL452X6V304880 TR0738-810802  CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will have in their possession old, unused, and inoperable vehicles & equipment that adds to the  clutter at City facilities.  FOLLOW UP ACTION: Implement City Council direction.  ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted  agenda pursuant to the Brow    RESOLUTION NO.  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON DECLARING SPECIFIED EQUIPMENT TO BE SURPLUS AND AUTHORIZING THE SALE OR DISPOSAL THEREOF  WHEREAS, Government Code Section 37350 authorizes the City Council to WHEREAS, the City Council wishes to declare certain equipment to be surplus and has determined that sale or disposal, as indicated below, is appropriate and will  control and dispose of property for the common benefit; and  benefit the City:  NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON  DECLARES, FINDS AND RESOLVES AS FOLLOWS:  Section 1. The City Council hereby declares the following equipment to no longer be useful or necessary to the City's services and programs and therefore surplus  property, to be disposed of as indicated below:  Year/Make / Model 2008 Ford Ranger Pickup Truck 2005 Ford F-350 Utility Truck 2006 Ford LCF Flatbed Truck 2007 Club Car Carryall 295 Itellitrak  Dept. Harbor Maint. Garage Public' Works Harbor Maint.  License Plate 1317656 1196683 1253246 1277194  VIN# 1FIYR10D98PB13708 1FDWF36P95EB40844 3FRLL452X6V304880 TR0738-810802  Section 2. Staff is authorized to dispose of the listed equipment in PASSED, APPROVED AND ADOPTED this 17th day of September, 2024.  accordance with the foregoing provisions.  Ayes: Noes: Absent: Abstain:  Ann H. Marshall, Mayor  ATTEST:  Gabrielle Morones, City Clerk    CITY OF AVALON CITY COUNCIL  MEETING DATE: ORIGINATING DEP: PREPARED BY: SUBJECT:  September 17, 2024 Harbor  AGENDA ITEM: 5 CITY MANAGER: ONIL  Devin Hart, Management Analyst Kevin Schmidt, Assistant Harbormaster Harbormaster Building Roof Replacement  RECOMMENDED ACTION(S): Authorize the City Manager or his designee to negotiate and execute a contract with Rainy Day Roofing, Inc. to replace the roof of the Harbormaster Building for a not-to-exceed sum of $100,000 as budgeted in the City's Fiscal Year 2024-25 Capital REPORT SUMMARY: The roof of the Harbormaster Building, located at the ocean-end of the Green Pleasure Pier, is approximately 17 years old. High exposure to sea and weather conditions, as well as the unprecedented storm seasons over the last three years, has led to additional degradation of the roof of the Harbormaster Building. At this time there are significant Utilizing the competitive, formal bid process as required in the Avalon Municipal Code Section 3-4.106, on October 3, 2023, the City Council authorized City Staff to solicit a request for proposals for a qualified firm/contractor to replace the roof of the Harbormaster Building. The RFP was released on October 6, 2023. The City did not receive any proposals by the stated deadline on October 16, 2023. On. July 24, 2024, City Staff solicited a new request for proposals for this project. The bidding closed on Monday, September 9, 2024 at 11 a.m. The City received bids from Danny Letner, Inc. dba Letner Roofing Company and Rainy Day Roofing, Inc. The RFP requested a base bid to repair/replace the building's roof, with one additive bid item  Improvement Plan, Project #207014, Account #10470-6547.  leaks throughout the structure.  to replace the gutter and downspout system as well.  Contractor  Base Bid Proposal  Additive Bid Item $25,000.00 $9,400.00  Total Project Bid $200,000.00 $83,725  Letner Roofing Company $175,000.00 Rainy Day Roofing, Inc. $74,325.00  Staff recommends a contract is awarded to Rainy Day Roofing, Inc.  Due to the concealed condition of areas of the roof, the RFP requested prospective bidders anticipate that approximately 50 percent of the 1,176 square roof may need new sheathing. In ordertofullyt fund the project and in case of greater scope of sheathingn needed, Staffrecommend the City Council authorizes the City Manager to negotiate a contract for a not-to-exceed sum of  $100,000.    This project is budgeted at $100,000 in the City's Fiscal Year 2024-25 Capital Improvement Time is of the essence to mobilize and complete this project before the winter storm season begins. The project's timeline for construction is 30 days from the notice to proceed. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not contract with a qualified firm to replace the leaking and damaged roofs at the Harbormaster  Plan, Project #207014, Account #10470-6547.  Building.  FOLLOW UP ACTION: Implementation of City Council direction. Improvement Plan (#10470-6547 -C CIP Project #207014).  FISCAL IMPACTS: Project is budgeted at $100,000 in the Fiscal Year 2024-25 Capital ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted  agenda pursuant to the Brown Act. ATTACHMENTS: RFP    CITY OF AVALON  PAIGNT  -  GLNO VALLEY  REQUEST FOR PROPOSALS CONTRACT DOCUMENTS  AND  HARBORMASTER BUILDING ROOF REPLACEMENT  Project No. 207014 410 Avalon Canyon Road P.O. Box 707 Avalon, California 90704 (310)510-0220 www.tiyolavalon.com Key Information  Submit Written Questions By: Proposals Due:  1:00 p.m., August 19, 2024 11:00 a.m., September 9, 2024  Cost of Contract Documents: $25  (BB&K: 2022) 65059.0 0000035036555.2    CITY OF AVALON NOTICE INVITING PROPOSALS HARBOR MASTER BUILDING ROOF REPAIR Project No.: 207014  PUBLIC NOTICE IS HEREBY GIVEN that proposals willl be received by the City of Avalon ("City") in the office of the City Clerk, 410 Avalon Canyon Road, P.O. Box 707, Avalon, CA 90704 until 11:00 AM, Monday, September 9, 2024. Proposals received after this date will be returned to the proposers unopened. Faxed or electronically submitted proposals will not be accepted. The City is requesting proposals from qualified firms/licensed contractor to provide all labor, materials, service and specialized skills to replace the roof of the City of Avalon Harbor Master Building. The scope is further defined in the Project Drawings and Specifications and will generally include the installation of new replacement roofing to existing building and demolition (as necessary) and removal of existing roof and existing roof structures as noted in drawings and related equipment. Completely remove and replace existing roofing system with a composite shingle roofing system potentially including replace gutter and downspout systems. The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of services. The City reserves the right to reject any or all proposals determined not to be in the best interest of the City. Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at www.dir.ca.govdist, In addition, a copy of the prevailing rate of per diem wages will be made available at the City Public Works Department upon request. It shall be mandatory upon the proposer to whom the contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations ("DIR"). No proposal will be accepted nor any contract entered into without proof of the proposer's and subcontractors' current registration with the DIR to perform public work. If awarded a contract, the proposer and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. The contract awarded pursuant tot this RFP may also be subject to compliance monitoring Interested proposers may download copies of the Contract Documents by visiting the City's web site wwwdhvdlavdoncom/p Firms that anticipate submitting a proposal are required to send an email to the City contract acknowledging receipt of the Contract Documents sO that the City  and enforcement by the DIR.  (BB&K 2022) 65059.000035036552  1  Harbor Master Building Roof Replacement INSTRUCTIONS TOF PROPOSERS    can add the firm to its notification list. Please include the contact person, the name of the firm, address, phone number, and e-mail address. Addenda will be published on the City's website.  Fori more information, please contact: Kevin Schmidt. - Assistant Harbor Master sehnat@cholaaencon  (BB&K 2022) 65059.000035036552  2  Harbor Master Building Roof Replacement INSTRUCTIONS TOI PROPOSERS    CITY OF AVALON REQUEST FOR PROPOSALS Project No. 207014  HARBOR MASTER OFFICE BUIDLING ROOF REPLACEMENT  .  BACKGROUND AND INTRODUCTION  The City of Avalon ("City") is requesting proposals from qualified firms' ("Proposers") for General Contractor/Roofing Services ("Services"), which shall be provided under the general The City of Avalon proposes to repair/replace the roof on the Harbor Master Office building located at the ocean-end of the Pleasure Pier in Avalon on Catalina Island, California. The roofi is a rectangular gable-style roof and approximately 1,176 square feet. It has a large clock (64" X 64") mounted in the center of the roof. The current roof is 16 years old and composed of asphalt- composite shingle system. It is anticipated that replacement of at least 50 percent of the roof sheathing will be required. There are eight mounting blocks for no-longer used antenna stays and  direction of the City Manager or his or her designee.  asmall antenna that will need to be removed as well.  An additional bid item to remove existing gutter and downspout system and replace with The principal contact for the City will be Kevin Schmidt, Assistant Harbor Master (310) 510-0220 ext. 301, semmat@clyolavabon.com or a designated representative, who will  aluminum, vinyl or PVC gutter system is included in this project.  coordinate the assistance to be provided by the City to the Proposer.  II.  REQUEST FORI PROPOSALS A. Scope of Services  The Services sought under this Request for Proposals ("RFP") are set forthi in more detail inE Exhibit "A," attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Services in Exhibit "A" thet final scope of Services negotiated between Cityand the successful Proposer shall be set forth in the Agreement ("Agreement") executed by and between City and the successful Proposer. A copy of the sample Agreement is attached hereto  as Exhibit "B" and incorporated herein by this reference.  B. Pre-Proposal Meeting  No preproposal meeting will be held for this RFP. Contractor's interested in examining the existing conditions may contact Assistant Harbor Master Kevin Schmidt for access. Oral statements regarding this Bid at any pre-bid meeting should be considered unverified information  unless confirmed in writing.  'Use oft thet term' "firm" throughout this document shall meani individual proprietorship, partnership, Limited Liability Company,  corporation orj joint venture. (BB&K 2022) 65059. 00000350365552  3  Harbor Master Building Roof Replacement INSTRUCTIONS TOI PROPOSERS    C. Content and Format of Proposal  Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized, tabbed, and numbered in the order presented below. Proposals must include page numbers for all pages in the proposal. The proposal shall be signed by an individual, partner, officer or officers authorized to execute legal documents on behalf of  the Proposer.  Proposals shall bei in the following order and shall include Bid Forms' "Exhibit B", including:  1. Bid 2. 3. 4. 5.  Completed Designation of Subcontractor form. Fully executed Noncollusion Declaration form. Completed Iran Contracting Act Certification form. Firm Staffing and Key Personnel  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.  9.  Insurance: (limit: 1 page noti including supporting documentation) See the 10. Litigation: (limit: 1 page) Provide litigation history for any claims filed by  Agreement, attached hereto as Exhibit "B," for a description of the insurance requirements. your firm or against your firm related to the provision of Services in the last five (5) years.  11. Certification of Proposal: This section shall state:  "The undersigned hereby submits its proposal and, by doing so, agrees tot furnish services to the Cityi in accordance with the Request for Proposal (RFP), and to be bound by the terms and  conditions of the RFP."  12. Appendices: (limit: 3 pages) D. No Deviations from the RFP  Ins submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. Ifany exceptions are taken, such exceptions must be clearly noted in the proposal and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the sample Agreement and, in  particular, the insurance and indemnification provisions therein.  E. (BB&K: 2022) 65059.0000050.65552  Selection Process  Harbor Master Building Roof Replacement INSTRUCTIONS TOI PROPOSERS    1. The City will evaluate proposals based on the following criteria:  a. b. C. d. e. Bid. f.  The firm has no conflict of interest with regard to any other work  performed by the firm for the City. Content of the proposal.  Proposer's experience and performance. Team members' experience and performance.  Reference's comments.  2. During the evaluation process, the City reserves the right, where it may 3. Itist the City's intent to select al Proposer to perform the Services based on  serve the City's best interest, to request additional information or clarifications from Proposers, or the above criteria. The City reserves the right to reject all proposals, select by proposal review only or interview as needed. Certain Proposers may be selected to make a brief presentation and oral interview after which a final selection will be made. The successful Proposer will be selected on the basis ofi information provided in the RFP, in-person presentations, and the results of the City's research and investigation. Upon selection of a Proposer, the City will endeavor to negotiate a mutually agreeable Agreement with the selected Proposer. In the event that the City is unable to reach agreement, the City will proceed, at its sole discretion, to negotiate with the next Proposer selected by the City. The City reserves the right to contract for services in the manner that most benefits the City including awarding more than one contract if desired. staff will make the final recommendation tot the City Council concerning the proposed. Agreement.  toa allow corrections ofe errors or omissions.  4. After negotiating a proposed Agreement that is fair and reasonable, City  The City Council has the final authority to approve or reject the Agreement.  F. Protests  1. Protest Procedures: Submitted proposals will be made available for  review in accordance with the California Public Records Act and after a submission of a Public  Records Act Request to the City Clerk's Office. considered valid, the protest must:  Proposers may file a protest with the City Clerk. In order for a Proposer's protest to be  a.  Be filed in writing not later than 5:00 p.m. (local time) on the fifth business day after the City issues a Notice of Intent to Award for the subject project, based on one of the following criteria: () The Proposer's disagreement with the determination or recommendation by the City regarding the Proposer's  proposal;  (BB&K: 2022) 6059.000035096552  5  Harbor Master Building Roof Replacement INSTRUCTIONS TOF PROPOSERS    (ii) Non-compliance with RFP; (ii) Non-compliance with City policy; or (iv) Non-compliance with state or federal law. Clearly identify the specific irregularity or basis for the protest; Specify, in detail, the factual and legal grounds for the protest; Include all relevant supporting documentation with the protest at  b. C. d.  time of filing.  2. City Review: The City will review and evaluate the basis of the protest  provided the protest is filed in strict conformity with the foregoing. The City shall provide the Proposer submitting the protest with a written statement concurring with or denying the protest. Action by the City relative to the protest will bei final and not subject to appeal or reconsideration. The procedure and time limits set forth int this Section are mandatory and are the Proposer's sole and exclusive remedy in the event of protest. Failure to comply with these procedures will constitute a waiver of any right to further pursue the protest, including filing a Government Code  claim or legal proceedings.  All protests filed with the City Clerk shall be delivered tot the following address:  City Clerk City of Avalon 410 Avalon Canyon Road P.O. Box 707 Avalon, California 90704 G. Proposal Schedule The tentative schedule is as follows:  Release/Publish RFP  July 24, 2024  Last Day for Potential Vendors to Ask Questions August 19, 2024 at 1:00 p.m.  Deadline for Receipt of Proposals Authorization to Negotiate Contract Notice to Proceed  September 9, 2024 at 11:00 a.m. September 17, 2024 October 1, 2024  The above scheduled dates are tentative and City retains the sole discretion to adjust the above schedule. Nothing seti forth herein shall be deemed to bind City to award a contract for the Services and City retains the sole discretion to cancel or modify any part of or all of this RFP at  any time. (BB&K2022) 65059.000035036552  6  Harbor Master Building Roof Replacement INSTRUCTIONS TOF PROPOSERS    H. Submittal Requirements  1. General: It is strongly recommended that the Proposer submit proposals  int the format identified in this RFP to allow the City to fully evaluate and compare the proposal. All requirements and questions in the RFP should be addressed and all requested data shall be supplied. The City reserves the right tor request additional information which, in the City's opinion, isnecessaryt to assure that the Proposer's competence, number of qualified employees, business organization and financial resources are adequate to perform according to the Agreement. straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Proposer's demonstrated capability to perform the Services. Expensive bindings and promotional materials, etc., are not necessary or desired. However, technical literature that supports the approach to providing the Services and work plan should be forwarded as part of the proposal. Emphasis should be concentrated on completeness, approach determine the local conditions which may in any way affect the performance of the work; familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the Services; make such investigations, as it may deem necessary for performance of the work at its proposal price within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 ets seq.) until after either City and the successful Proposer have completed negotiations and entered into an Agreement or City has rejected all proposals. All correspondence with the City including responses to this RFP will become the exclusive property of the City and will become public records under the California Public Records Act. The City willl have no liability to the Proposer or other party as ar result of any public disclosure Ifa Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision int the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark thei information as "Trade Secret" and refer to the appropriate section oft the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Ifar request is made fori information marked' "Confidential", Trade Secret" or "Proprietary" ("Proprietary Information") the City will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information. Proposer shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against alll liability, loss, cost or expense (including attorney's fees) arising out of  2. Preparation: Proposals should be prepared in such a way as to provide a  tot the work and clarity of proposal.  3.  Site Examination: Proposers may visit City and its physical facilities to  Agreement.  4.  Confidentiality of Proposal: Proposals submitted in response to this RFP  of any proposal or the Agreement.  al legal action brought to compel the release of Proprietary Information.  Proposals which indiscriminately identify all or most of the proposal as exempt from  (BB&K 2022) 65059.00009503652  7  Harbor Master Building Roof Replacement INSTRUCTIONS TO PROPOSERS    disclosure without justification may be deemed unresponsive and disqualified from further  participation in this RFP.  5.  Submittal Instructions.  The proposal must be received nol later than 11:00a.m. local time, on or before September  9, 2024 at the office of the: City Clerk City of Avalon P.O. Box 707/410 Avalon Canyon Road Avalon, California 90704  The envelope should clearly indicate "Proposal for Harbor Master Office Roof Replacement and Proposer's name and address shall appear in the upper left hand corner of the envelope. If more than one envelope is required, each envelope shall be legibly numbered below The City will not be responsible for proposals that are delinquent, lost, incorrectly marked, sent to an address other than that given herein, or sent by mail or courier service and not signed  the name oft the Proposer, e.g. Envelope 1 of3, as required.  for by the City. I.  Miscellaneous 1. 2. 3.  Amendments to RFP: The City reserves the right to amend the RFP or Non-Responsive Proposals: A proposal may be considered non- Amendments to Proposals: Unless specifically requested by the City, no  issue to all Proposers addenda to answer questions for clarification.  responsive if conditional, incomplete, or ifi it contains alterations of form, additions not called for, amendment, addendum or modification will be accepted after a proposal has been submitted to City. Ifa change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted to City prior to the deadline stated herein cost of preparing any proposal, and all materials submitted with a proposal shall become the property oft the City. The City will retain all proposals submitted and may use anyi ideainaproposal prior to contract award without obligation in any manner for proposal preparation, interview, fee valid for 30 days from the proposal due date. The City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are  or other irregularities that may constitute a material change to the proposal.  for receiving proposals.  4.  Costs for Preparing: The City will not compensate any Proposer for the  regardless of whether that proposal is selected.  5. 6.  Cancellation of RFP: City reserves the right to cancel this RFP at any time Price Validity: Prices provided by Proposers in response to this RFP are  negotiation or other marketing costs associated with this RFP.  complete and the contract is awarded.  (BB&K: 2022) 6509.000035036552  8  Harbor Master Building Roof Replacement INSTRUCTIONS TOF PROPOSERS    7. No Commitment to Award: Issuance of this RFP and receipt of proposals  does not commit the City to award a contract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this clarifications, either administrative or technical must be requested in writing and directed to the City Contact, identified above. All written questions, if answered, will be answered in writing, conveyed to all interested firms, and posted on the City's website. Oral statements by any persons should be considered unverified information unless confirmed in writing. To ensure a response, questions must be received in writing by 2:00 p.m. local time on the date identified in the Key negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of City, such action shall serve its best interests and those of the tax-paying public. The Proposers are encouraged to submit their best prices in their proposals, and City intends to negotiate only with the Proposer(s) whose proposal most closely meets City's requirements at the lowest estimated cost. The Agreement, if any is awarded, will go to the color, national origin, religion, age, ancestry, medical condition, disability or gender in  RFP.  8.  Requests for Clarification All questions, requests for interpretations or  information.  9.  Right to Negotiate and/or Reject Proposals: City reserves the right to  Proposer whose proposal best meets City/srequirements.  10. Non-Discrimination: The City does not discriminate on the basis of race,  consideration for an award of contract.  11. Prevailing Wage and Contractor Registration  Proposers shall take cognizance of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public work" and "maintenance" projects. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations ("DIR"). Copies of the State of California wage schedules are available for review at www.dir.ca.gowdis. In addition, a copy of the prevailing rate of per diem wages will be made available at the City Clerk's office upon request. The successful Proposer shall post a copy of the prevailing wage rates at each job site. Itshall be mandatory upon the Proposer to whom the Agreement is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Agreement, employment of Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish tol bid on, be listed in al bid proposal, or enteri into a contract to perform public work must be registered with the DIR. No proposal will be accepted nor any contract entered into without proof of the Proposer's and subcontractors' current registration with the DIR to perform public work. Ifawarded a contract, the Proposer and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. Notwithstanding the foregoing, the  apprentices, hours of labor and debarment of contractors and subcontractors.  (BB8K:2022) 6059.000035036552  9  Harbor Master Building Roof Replacement INSTRUCTIONS TO PROPOSERS    contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant tot the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. The contract awarded pursuant to this RFP may also be subject to compliance monitoring and enforcement by the DIR.  Publication Date of RFP: June 24, 2024  (BB&K 2022) 6059.0000350365552  10  Harbor Master Building Roof Replacement INSTRUCTIONS TOF PROPOSERS    EXHIBIT "A"  PROPOSED SCOPE OF SERVICES  The 16 year-oldr roof on the City of Avalon Harbor Department Office building, located at the ocean end of the Pleasure Pier in Avalon on Catalina Island, California, is in need of repairreplacement.  Harbormaster Building  Onl The Pier  The roof is rectangular and approximately 55'5 5"X20' 4". It has al large clock (64"x64") mounted int the center of the roof. The current roof is made of asphalt-composite. It is anticipated that replacement of roof sheathing across at least 50 percent will be required. There are eight mounting blocks for no-longer used antenna stays that will need to be removed.  Prep Work:  Cover and protect outside perimeter of the Harbor Master building as needed from  roofing activities.  Properly secure walkways from workspaces.  Demolition Work:  Remove the existing asphalt shingle roof system at main roof and the clock. Remove and replace any rotting or otherwise inadequate roof sheathing/decking at the direction of the City Engineer. (Sheathing to be provided by the City.) Install one layer of self-adhered waterproof membrane (Grace Ice & Water Shield @ or  Remove eight mounting blocks from existing roof. Clean the underlying roof deck of all debris.  Underlayment:  equivalent) over the entire roof deck including the clock.  (BB&K:2022) 65059.0000350365552  11  Harbor Master Building Roof Replacement INSTRUCTIONS TOF PROPOSERS    Re-Roof:  Install new pre-painted metal noising around all outside perimeter edges to protect and Install ai fiberglass shingle starter course along bottom perimeter eave edges and secure Install new: 30 year polymer modified asphalt shingles roof to match existing color (grey) and secure existing roof deck with 1% %4" hot dipped galvanized roofing nails - 1,200 SF. Install new metal plumbing and vent pipe flashing at all roof penetrations to replace Install new dimensional asphalt ridge cap at ridge location matching existing color.  conceal leading edges of plywood.  in place.  existing and paint to match color of new shingles.  Clean Up/Final Inspection:  Clean the roof and gutters of all roof production debris.  Secure the exposed leading edges of all new pipe and vent flashings with 1 %" neoprene Install neoprene storm collars over all plumbing pipes sealing rope edges of all pipe Inspect grounds for any loose debris generated during re-roof project.  washer screws. flashings.  Remove tarps and protective coverings.  Additional Bid Option: gutter system. Exemptions: the work zone. to the job site.  Remove existing gutter and downspout system and replace with aluminum, vinyl or PVC City Public Works staff will provide and install barricades and other barriers to designate City to provide and install traffic control devices for pedestrian traffic. City Public' Works staff will provide transport of goods/supplies from Avalon Freight Line City will provide replacement roof sheathing and delivery materials to the site. City Public' Works staff will remove all debris for disposal at the Pebbly Beach Landfill. Permits and building fees will be obtained by the City Public Works Department at no  cost to the contractor.  (BB&K: 2022) 65059.0000350365552  12  Harbor Master Building Roof Replacement INSTRUCTIONS TO PROPOSERS    Included below are images from the original building plans and photographs of the existing  conditions. OSite 20-0"  DDD  @3D View  (BB&K 2022) 6059.0000350365552  13  Harbor Master Building Roof Replacement INSTRUCTIONS TO PROPOSERS    a)  (BB&K 2022) 65059.000035036552  14  Harbor Master Building Roof Replaçement INSTRUCTIONS TOI PROPOSERS    HARBOR DEPT (2ND FLOOR) FISH MARKET(15 FLOOR)  SEAFOOD  FISHLAND 6HIBS  RASAILING TESCH  (BB&K: 2022) 65059.0000350652  15  Harbor Master Building Roof Replacement INSTRUCTIONS TOI PROPOSERS    WEATHERSTATION BASE  LIGHT ARRAY BASE  FIVE (5) OF EIGHT (8) EXISTING MOUNTING BOCKS TO BE REMOVED  (BB&K 2022) 65059.000035036552  16  Harbor Master Building Roof Replacement INSTRUCTIONS TOI PROPOSERS    EXHIBIT "B" BID FORMS BID  Bids will be received at 410 Avalon Canyon Road, Avalon, CA 90704 until 11 a.m. on Monday,  September 9, 2024.  Harbor Master Building Roof Replacement  NAME OF BIDDER:  To the City of Avalon, with its principal place of business at 410. Avalon Canyon Road, P.O. Box  707, Avalon, CA 90704.  A. Inr response toi the Notice Inviting Bids dated July 24, 2024 and in accordance with the accompanying: Instructions to Bidders, the undersigned hereby proposes to the Cityt to furnish all labor, technical and professional services, supervision, materials and equipment, 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 ai 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 City C.T 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 carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and thati it understands and agrees that the City will not be responsible for any errors or D. Ifawarded 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 and the necessary performance bond, payment bond, and certificates of insurance and 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:  and at third party, whichever is earlier.  omissions on the part of the undersigned in preparing this Bid.  endorsements.  1. Bid Schedule  2. Completed Designation of Subcontractors form. 3. Fully executed Noncollusion Declaration form. 4. Completed Iran Contracting Act Certification form.  (BB&K 2022) 6059.0000050365552  17  Harbor Master Building Roof Replacement INSTRUCTIONS TOF PROPOSERS    5. Completed Public Works Contractor DIR Registration Certification form. 6. Completed Contractor's Certificate Regarding Workers' Compensation form.  7. Completed Bidder Information and Experience Form. organized under the laws of the State of Contract is awarded to the undersigned.  F.E Bidder is an individual  or corporation  orp partnership  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 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 number_ Expiration date License classification  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  Name License number Expiration date_ License Classification  Member No. 2  Name License number Expiration date_ License classification  (lf there are more than two members of the joint venture, attach a page for the  additional member(s) with the above information.)  (BB&K: 2022) 65059.0000350365552  18  Harbor Master Building Roof Replacement INSTRUCTIONS TOF PROPOSERS    The undersigned acknowledges receipt, understanding, and full consideration of the following  addenda to the Contract Documents:  Addenda No.  [SIGNATURE ON NEXT PAGE]  (BB&K: 2022) 6059.0000350365552  19  Harbor Master Building Roof Replacement INSTRUCTIONS TOI PROPOSERS    Ihereby 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: (Company Name)  Bidder's Business Address:  By (Signature) (Type or print name) (Title)  (Where signed) (City, State) Dated: State of Incorporation:  (corporate seal)  20  Names and addresses of all partners or joint venturers:  Statement of the authority of signatory to bind Bidder:  (BB&K 2022) 65059. 0000035036555.2  20  Harbor Master Building Roof Replacement INSTRUCTIONS TOI PROPOSERS    BID SCHEDULE UNIT OF MEASURE LS  EST. QTY. UNIT PRICE 1  NO. 1.  ITEM DESCRIPTION Total Project Scope  ITEM COST  BASE BID (BID ITEMS # 1)TOTAL $  ADDITIVE ALTERNATE: #1  A1. Removal and replacement LS ofe existing gutter and downspout system with aluminum, vinyl or PVC system.  1  ADDITIVE ALTERNATE #1 TOTAL $  BASE BID + ADDITIVE ALTERNATE TOTAL $  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  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 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 the entry 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 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.  compensation shall be due to Contractor for the performance of the work.  shall be the Unit Price.  (BB&K: 2022) 65059.000035036552  21  Harbor Master Building Roof Replacement INSTRUCTIONS TOI PROPOSERS    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 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, Upon receipt of the contract award, a complete and itemized schedule of values for progress Ifthe 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, the corresponding alternate bid prices shall be added to or deducted from Base Bid Price for the work.  performed based upon the Unit Price.  whichever is earlier.  payments will be provided by the contractor within 14 days.  The City can award/select alternate bidi items at any time(s).  Name of Bidder Signature_ Name and Title_ Dated  (BB&K 2022) 65059,0000.35036552  22  Harbor Master Building Roof Replacement INSTRUCTIONS TO PROPOSERS    DESIGNATION OF SUBCONTRACTORS  The subcontractor listed below will perform work or labor or render service to the successful Bidder in or about the construction of the work or improvement, or are subcontractors licensed by the State of California who will, under subcontract to the successful Bidder, specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the Contract Documents, in an amount in excess of one-half of one percent (1/2 of 1%) of the Bidder's total bid. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder's Total Bid Price or $10,000, whichever is greater. No additional Inc compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the California Public Contract Code, the Bidder shall set  time shall be granted to provide the below requested information.  forth below:  (a) The portion of the work to be done by the subcontractor; (b) The name and the location of the place of business; (c) The California contractor license number; and (d) The DIR public works contractor registration number.  Ifal Bidder fails to specify a subcontractor or ifal Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified  to perform that portion of work and that it shall perform that portion itself.  Portion of Work to be done by Subcontractor  CSLB  DIR  Name of Subcontractor  Location of Business  Contractor Registration License No. Number  Harbor Master Building Roof Replacement 65059.00004005964.1  -23-  005213-CONTRACT: FOR CONSTRUCTION    Portion of Work to be done by Subcontractor  CSLB  DIR  Name of Subcontractor  Location of Business  Contractor Registration License No. Number  (Attach additional sheets if necessary)  Name of Bidder Signature_ Name and Title_ Dated  Harbor Master Building Roof Replacement 65059.0000400599641  -24-  05213-CONTRACT FOR CONSTRUCTION    BIDDER INFORMATION AND EXPERIENCE FORM  A. INFORMATION ABOUT BIDDER (Indicate not applicable ("N/A") where appropriate.)  NOTE: Where Bidder is aj joint venture, pages shall be duplicated and information provided  for all parties to thej joint venture. 1.0 Name of Bidder: 2.0 Type, if Entity:. 3.0 Bidder Address:  Telephone Number Email Address  4.0 How many years has Bidder's organization been in business as a Contractor? 5.0 How many years has Bidder's organization been in business under its present  name?  5.1 Under what other or former names has Bidder's organization  operated?  6.0 IfBidder's organization is a corporation, answer the following:  6.1 Date of Incorporation: 6.2 State of Incorporation: 6.3 President's Name: 6.4 Vice-President's Name(s): 6.5 Secretary's Name: 6.6 Treasurer's Name:  Harbor Master Building Roof Replacement 6059.0000400599641  -25-  005213-CONTRACTI FOR CONSTRUCTION    7.0 Ifan individual or a partnership, answer thet following:  7.1 Date of Organization:  7.2 Name and address of all partners (state whether general or limited  partnership):  8.0 If other than a corporation or partnership, describe organization and name  principals:  9.0 List other states in which Bidder's organization is legally qualified to do business.  10.0 What type of work does the Bidder normally perform with its own forces?  11.0 Has Bidder evert failed to complete any work awarded toi it? Ifs so, note when, where,  and why:  12.0 Within the last five years, has any officer or partner of Bidder's organization ever been an officer or partner of another organization when it failed to complete a  contract? If sO, attach a separate sheet of explanation:  13.0 List Trade References:  Harbor Master Building Roof Replacement 65059.00004005964A1  -26-  005213-CONTRACT: FOR CONSTRUCTION    14.0 List Bank References (Bank and Branch Address):  15.0 Name of Bonding Company and Name and Address of Agent:  REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]  Harbor Master Building Roof Replacement 6059.0000400599641  -27-  06213-CONTRACTFOR: CONSTRUCTION    B. LIST OF CURRENT PROJECTS (BACKLOG) [Duplicate page if needed for listing additional current projects.]  Project  Client Reference Description of Completion Date Cost of Bidder's  (agency name/contact info)  Bidder's Work  Work  Harbor Master Building Roof Replacement 65059.000040059641  -28-  005213-CONTRACT FOR CONSTRUCTION    C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS [Duplicate page if needed for listing additional completed projects.]  Please include only those projects which are similar enough to demonstrate Bidder's ability to  perform the required work on the Project.  Project  Client Reference Description of Completion Date Cost of Bidder's  (agency name/contact info)  Bidder's Work  Work  Harbor Master Building Roof Replacement 6059.00004005996A1  -29-  005213-CONTRACTFORCONSTRUCTION    D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE  Personnel:  The Bidder shall identify the key personnel to be assigned to this project in a management, 1. List each person's job title, name and percent of time to be allocated to this project:  construction supervision or engineering capacity.  2. Summarize each person's specialized education:  3. List each person's years of construction experience relevant toi the project:  4. Summarize such experience:  Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant work, unless substituted by personnel of equivalent experience and qualifications  approved in advance by the City.  Harbor Master Building Roof Replacement 65059.0000400599641  -30-  005213-CONTRACTI FOR CONSTRUCTION    E.A ADDITIONAL BIDDER'S STATEMENTS:  Ifthe Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:  Name of Bidder Signature_ Name and' Title_ Dated  Harbor Master Building Roof Replacement 6059.00004005964.1  -31-  006213-CONTRACTFOR: CONSTRUCTION    NON-COLLUSION DECLARATION  The undersigned declares: l'am the foregoing Bid.  of  the party making the  The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to puti in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on Ideclare under penalty of perjury under the laws of the State of California that the foregoing is  not pay, any person or entity for such purpose.  behalf of the Bidder.  true and correct and that this declaration is executed on  [date), at  [city),  [state).  Name of Bidder Signature_ Name and Title_ Dated  Harbor Master Building Roof Replacement 6099.000040099641  -32-  005213-CONTRACT FOR CONSTRUCTION    IRAN CONTRACTING ACT CERTIFICATION.  (Public Contract Code section 2200 et seq.)  As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor's status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:  The Contractor is not:  (1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance (2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract. The amount of the Contract payable to the Contractor for the Project does not exceed  with subdivision (b) of Public Contract Code Section 2203; or  credit to provide goods or services in the energy sector in Iran.  $1,000,000.  Signature: Printed Name: Title: Firm Name: Date:  Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal tot the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bidon  contracts for three years.  Harbor Master Building Roof Replacement 650590000-4005964.1  -33-  005213-CONTRACT: FOR CONSTRUCTION    PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION  Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in al bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See PwwdrcaowPiDic No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of  WorksPubicWorkshin! for additional information.  work.  Industrial Relations.  Name of Bidder: DIR Registration Number: DIR Registration Expiration: Small Project Exemption:  Yes or  No  Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:  1. Bidder shall maintain a current DIR registration for the duration of the project. 2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 ini its contract with subcontractors and ensurei that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the 3. Failure to submit this form or comply with any oft the above requirements may result  project.  ina af finding that the bid is non-responsive.  Name of Bidder Signature_ Name and Title_ Dated  21f thel Projecti is exempt from the contractor registration requirements pursuantt tot the small projecte exemption under Labor Code  Sections 1725.5 and 1771.1, please mark" "Yes" inr response to" "Small Project Exemption."  Harbor Master Building! Roof Replacement 65059. 0000040059964.1  -34-  005213-CONTRACTI FOR CONSTRUCTION    CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION.  l'am aware oft the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before  commencing the performance of the work of this Contract.  Name of Bidder Signature_ Name and Title_ Dated  Harbor Master Building Roof Replacement 65059.0 00000.40059964.1  -35-  005213-CONTRACT FOR CONSTRUCTION    005213-CONTRACT FOR CONSTRUCTION  This Contract for Construction ("Contract"), No.  isr made and entered into this  day  of  by and between the City of Avalon, with its principal place of business at  410 Avalon Canyon Road, P.O. Box 707, Avalon, CA 90704, sometimes hereinafter called the WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these  "City" and "INSERT**), sometimes hereinafter called "Contractor." presents do covenant and agree with each other as follows:  ARTICLE1. SCOPE OF WORK.  The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below,  for the following Project:  Harbor Master Building Roof Replacement  Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor's failure  too comply with this obligation. ARTICLE2. TIME FOR COMPLETION.  Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 30 Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is  adequate and reasonable to complete the Work. ARTICLE3. CONTRACT PRICE.  The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all Conditions. The City will pay to Contractor compensation based upon the prices set forth in the  applicable ($ Bid Schedule.  taxes  and  costs,  the  sum  of Dollars  Payment shall be made as set forth in the General  ARTICLE4. LIQUIDATED DAMAGES.  Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City's actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as liquidated damages and not as a penalty or forfeiture. This Article does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due  (BB&K 2022) 65059000035036552  Ex.A-1    Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions forl liquidated damages shall not prevent the City, in case of Contractor's  default, from terminating the Contractor.  ARTICLE5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following:  Notice Inviting Bids Instructions to Bidders Bid Forms Bid Bid Schedule  Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Payment (Labor and Materials) Bond Contract for Construction Sections 1-9 California Uniform Building Code Reference Specifications Permits  Standard Specifications for Public' Works Construction "Greenbook', latest edition, Except  Applicable Local Agency Standards and Specifiçations, as last revised  Approved and fully executed Change Orders  Any other documents contained in or incorporated into the Contract  The Contractor shall complete the Work in strict accordance with all of the Contract All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which  Documents.  are applicable to this Work. ARTICLE7. INDEMNIFICATION.  Contractor shall provide indemnification and defense as set forth in the General Conditions.  (BB&K2022) 65059000035096552  Ex.A-2    ARTICLE8. PREVAILING WAGES.  Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City or may be obtained online at  ntp/www.dr.ca.govy and which must be posted at the job site.  ARTICLE9. FALSE CLAIMS.  Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits at false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding  on public contracts for a period of up tot five (5) years.  [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]  (BB&K2 2022) 65059.000035036552  Ex.A-3    IN WITNESS WHEREOF, this Contract has been duly executed by the above-named  parties, on the day and year above written.  CITY OF AVALON  ***INSERT NAME OF CONTRACTOR" [F CORPORATION, TWO SIGNATURES, PRESIDENT OR VICE PRESIDENT AND SECRETARY OR TREASURER REQUIRED]  By:  [INSERT NAME] [INSERT TITLE]  By: Its: Printed Name:  ATTEST: By:  "INSERT*, City Clerk  [DELETE THE FOLLOWING SIGNATURE LINE IF NOT REQUIRED]  APPROVED AS TO FORM:  By: Its: Printed Name:  By:  Best Best & Krieger LLP City Attorney  Contractor's License Number and  Classification  DIR Registration Number  CONTRACTORS SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE)  END OF CONTRACT  (BB&K 2022) 65059.0 0000035036555.2  Ex.A-4    CITY OF AVALON CITY COUNCIL  MEETING DATE: ORIGINATING DEP: PREPARED BY: SUBJECT:  September 17, 2024 Administration  AGENDA ITEM: CITY MANAGER: DMKL  Jocelyn Francis, Assistant City Manager Building Services Division Request for Proposal  RECOMMENDED ACTION(S): Authorize City staff to publish a request for proposal (RFP) for consultant services to provide Building Division Services, and On-Call REPORT SUMMARY: The City of Avalon currently employs one full-time Building Official. This position is being used more and more to complement Public Works staffing through completing electrical projects, managing small facility projects, and cross-training maintenance staff on technical tasks. After a staffing analysis of the Public Works Department, City staff will recommend to reassign this position to report to the Public Inaddition, City staff anticipates a handful of larger private development projects (ex. new Hospital, continued Hamilton Cove development, new hotel construction, workforce housing), public development projects such as traffic improvements, landfill extension, and low income/workforce housing. Additionally, the City intends to implement short and long term rental inspection programs, and provide assistance with building code enforcement cases. By hiring a consultant to conduct building division services, plan reviews, inspections, and on-call construction management services, both private and public projects alike will receive professional expertise and timely action. At a later date, staff will return with a budget amendment to appropriately allocate the existing position into public works and to the planning and building operating budget. Many of the consultant costs accrued by private development projects will be passed on FISCAL IMPACTS: It is expected there will be an overall increase in the general fund operating budget. A more detailed analysis will be completed once proposals are  Engineering and Construction Management Services.  Works Director to focus on projects at a future meeting date.  to project applicants pursuant to the City's fee schedule.  received, and public works staffing finalized.  GOAL ALIGNMENT: Fiscal and organizational stability.  CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City may not meet stated deadline to revise Classification structures, policies and procedures.    FOLLOW UP ACTION: Publish a Building Division Services RFP and complete the City ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the  procurement process.  posted agenda pursuant to the Brown Act.  ATTACHMENTS:  Draft Scope of Services for RFP    EXHIBIT "A"  PROPOSED SCOPE OF SERVICES  Consultant shall provide the following Building Division staff functions:  Building Official Plans Examiner Inspector Civil Engineer Construction Manager  Consultant shall provide the following services: 1. Building Official Services  Provide International Code Council (ICC) Certified Building Official as set forth in the California Building Code and Avalon Municipal Code, responsible for the administration of Building Division activities, and shall perform services, including those but not limited to those found in the Building Official Job Description. Issue building permits, review plans and development specifications, inspections ofc construction sites and buildings, and enforcement of building codes. Consultant will conduct any necessary or required investigations as directed by the City. Investigations will include field and office research, investigation follow- ups and preparation of notices, letters, or documents. The enforcement of codes Issue Certificates of Use and Occupancy for building and structures. Manage, coordinate, and oversee the building permit and plan check, building Make determination on the approval and use of alternative materials and Assist other Divisions such as Code Enforcement and Planning, with the preparation of necessary documents when prosecution action is necessary to Make final interpretations concerning the application of building and safety codes. Convey specific code citations and justification supporting all  for work requiring a permit is included. inspection and building counter services. methods of construction.  obtain compliance with codes and regulations.  interpretations.  Meet with developers, homeowners, business owners, architects, engineers, and the general public at the City or in the field, as the need dictates to resolve grievances and/or respond to questions and ensure timely project processing in  compliance with codes and ordinances.  2. Public Counter/Plan Review Services  Provide an ICC certified plans examiner/nspector to be available at the City Building Division counter from 8:00 am to 12:00 pm on Tuesdays and Thursdays,  except City designated holidays.    Review both residential and commercial plans and applications for conformance to all applicable State and City building codes; including structural, electrical, mechanical, plumbing, fire/life safety, California Energy Regulations, and accessibility laws. Coordinate with applicable City Departments and Los Angeles County agencies (health, water, environmental, air pollution, etc.). Coordinate with City administrative staff to route plans to appropriate departments and track progress, provide applicant with plan check correction comments to achieve conformance, and issue approved permits Respond to inquiries on the phone, in-person, and via e-mail. Schedule inspections, coordinate with staff, maintain files, and update permit system. Provide ICC certified Inspector to inspect buildings, structures, street improvements and utility connections to ensure construction or alteration work is being done according to approved plans in accordance with the provisions of building codes, City ordinances, conditions of approval, and NPDES requirements (when applicable) with 24-hour lead time to be primarily scheduled Issue stop/correct work notices, or notices of violation when violations of codes and regulations occur; respond to complaints, and investigate code violations Input inspection information into the City's permit tracking system, document violations, and coordinate inspection schedule with administrative support staff. Inc coordination with Public' Works Department, provide inspection services with 24-hour lead time for: Street Opening Permits, Driveway and Sidewalk Permits, Temporary Encroachment Permits, and Permanent Underground/ Aboveground Perform construction inspection services for City Public Works Engineering and Capital Improvement Projects to ensure conformance to City Standards, Plans, Consult with Public' Works Director and/or City Engineer for observations of non- Input inspection information into the City's permit tracking system and coordinate  3. Building Inspection Services  on Tuesdays and Thursdays 1:00 pm-3:30 pm, working closely with City code enforcement staff.  4. Public Works Inspection Services  Encroachment Permits.  Specifications; and Safety Regulations. conformance and deviation.  inspection schedule with administrative support staff.  5. On-Call Civil Engineering Services  Conduct Public Works and Planning Reviews by a licensed principal engineer (P.E.) for grading, public right of way improvements, subdivision, post- construction storm-water controls for private development projects as-needed.    6. On-Call Construction Management Services  Conduct constructability, reviews, bid administration, project cost controls, project scheduling, resident ngneeringconsiruction management, investigations, claims reviews, stakeholder coordination, public outreach, and contract  administration as-needed.  7. Other Services  Assist with address change processes.  Advise and assist City staff to maintain, amend and develop ordinances and regulations necessary to implement and enforce the latest editions of the California Building Code, including any and all related Codes, or other uniform safety codes, laws, or regulations as adopted or amended by the City deemed necessary by the City to protect the health, safety and welfare ofi its citizens. Attend City Council Meetings, Planning Commission Meetings, Staff Meetings, Prepare and submit monthly building activity reports to the City and notify the City of any staffing changes necessary to maintain performance standards.  and Code Enforcement Hearings, as needed.  At the firm's own cost, Consultant to provide safety equipment, supplies, and tools to carry out inspections and duties oft the Building Division. City to provide desk space at 410 Avalon Canyon Road, desktop computer, desktop phone, access to large format printer, scanner, office  supplies, and City vehicle during on-site work.    CITY OF AVALON CITY COUNCIL  MEETING DATE: ORIGINATING DEP: PREPARED BY: SUBJECT:  September 17, 2024 Administration  AGENDA ITEM: 7 CITY MANAGER: DWE  Devin Hart, Management Analyst Robert Greenlaw, CIP Director  Five Corner Pedestrian Improvements Project Bid Results  RECOMMENDED ACTION(S): 1.) Make the affirmative finding that no bids were received by the bid deadline. 2.) Authorize the City Manager to negotiate a contract with Jordhal REPORT SUMMARY: On November 7, 2023, the City Council authorized the solicitation of a request for bids for the construction contract for the Five Corner Intersection Enhancement and Since 2018, work has proceeded on developing the construction contract documents to implement the reconstruction of the five corners intersection including the roadway segments of Tremont Avenue and Avalon Canyon Road in the near vicinity of the intersection. The project proposes to construct new permanent sidewalks, median safety islands, traffic calming (mini- roundabouts) and lighting in order to provide safer operations for all users. The total project is Working with the City's on call engineering firm ESG engineering, including traffic engineering firm W-Trans, landscape architectural firm RRM and environmental planning firm Birdseye Planning Group, a preliminary design was developed along with environmental studies and compliance documents. Different methods were employed to receive public input including surveys, community meetings, presentations to City Council and Planning Commission and a live demonstration of the roundabout layouts. The environmental document is a Mitigated Negative Declaration under CEQA, which was certified by the Planning Commission on August The project was scheduled to go to construction in 2020 with above and underground utilities being relocated in the first construction season in the fall of 2020. However, with the Covid-19 Pandemic causing logistically problems due to statewide shelter in place and also presenting To expedite the project, City Staff separated the utility phase from the total scope of the project and developed a request for proposals for that specific scope of work. The RFP was circulated for a period of approximately 4 weeks; however, only one bid was submitted by the stated deadline. The submitted bid listed a total project cost that significantly exceeded the sum  Construction, Inc. per. Avalon Municipal Code Section 3-4.206.  Safety Improvement Project.  .25 miles in length.  21,2019. The project was found to require no other permits.  uncertain financial conditions the project construction was delayed.    anticipated. City Staff made the determination it would be more efficient and cost effective to bid the project in total. To ensure that the project was fully funded, the City applied for additional funding through the Active Transportation Program. The project was successful in receiving an This project is primarily funded by grants including funds from Metro Local Transportation Funds, via the Los Angeles County Metropolitan Transportation Authority (Metro), State of California's State Active Transportation Grant via the California Transportation Commission (Cal-Trans), and al local match from the City, primarily from City's SB1 annual allocation from the state. As the City Council authorized the project to go to bid, the project's granting authorities were reviewing the plans for compliance with the terms of funding. The City received authorization to bid, and the project was released on July 3, 2024. The bidding deadline was September 10, 2024 at 11 a.m. No bids were received by the stated deadline; however, Jordhal Construction, The bid received by Jordhal Construction, Inc. is approximately twice the sum provided by the Per the City's Purchasing Policy - Avalon Municipal Code Section 3-4.206 (e) = "Award of Contracts. Contracts shall be awarded by the Council to the lowest responsible bidder, except as otherwise provided in this section. If no bids are received, the project may be performed by employees of the City by force account or by negotiated contract without further complying with City Staff requests the City Council authorize the City Manager to negotiate with Jordhal Construction, Inc. to refine the project scope and expense. A final contract will be provided to GOAL ALIGNMENT: City Infrastructure: Roadways, ADA improvements, Pedestrian FISCAL IMPACTS: Project 180003 is included in the 2024-25 budget in the Capital Improvement Program. A financial analysis will be included when the bid award is presented to CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Critical infrastructure will continue to be deficient and grant funds may be lost due to timely use of fund requirements. FOLLOW UP ACTION: If authorized, bring a negotiated contract to back to the City Council at ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted  additional $3.8 million in construction funding.  Inc. submitted a proposal at 2:45 p.m. that date.  engineer's estimate.  this section..."  the City Council for authorization.  improvements.  City Council for approval.  af forthcoming meeting.  agenda pursuant to the Brown Act. ATTACHMENTS: None.    CITY OF AVALON CITY COUNCIL  MEETING DATE: ORIGINATING DEP: PREPARED BY: SUBJECT:  September 17,2024 Administration  AGENDA ITEM: CITY MANAGER: DMAk  8  Devin Hart, Management Analyst Adult Use Cannabis Feasibility Discussion  RECOMMENDED ACTION(S): Hear presentation. If consensus is reached, provide direction REPORT SUMMARY: A member of the City Council requested City Staff bring a report before the City Council considering expansion of the Avalon Municipal Code to include Adult-Use Cannabis. Specifically, the Councilmember requested Staff research and provide an analysis regarding a store front adult-use facility, the community's desire/interest in the facility, and  to Staff.  projected economic and other impacts.  Legal Framework  Though the use of medical cannabis was legalized in the State of California in 1996, adult-use or recreational cannabis was prohibited until adoption of Proposition 64 on November 8, 2016. On June 27, 2017, Governor Jerry Brown signed into law a single comprehensive legislative document that took the existing regulatory framework established for medical cannabis and incorporated non-medical cannabis regulations. This legislation is known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA). The legislation specifically preserved local jurisdictional authority to adopt and enforce local ordinances that limit or completely prohibit the establishment or operation of medical and non-medical cannabis business operations within their purview. The state licensing authority will not approve an application for a state cannabis business license if the state license will violate a local The Department of Cannabis Control Medicinal and Adult-Use Commercial Cannabis Requirements for the Transportation of Cannabis and Cannabis Products" - establishes the requirements for transporting cannabis and cannabis products between licensees or licensed Though regulation $153111 (e) expressly prohibits transportation of cannabis and cannabis products "by means of aircraft, watercraft, drone, rail, human-powered vehicle, or unstaffed  ordinance in the jurisdiction it will operate.  Regulations premises.  California Code of Regulations Title 4 Division 19 Section $15311,  vehicle," a carve out exits for Catalina within Section (p):  Notwithstanding subsection (e), transportation of cannabis and cannabis products may be conducted via waterway to licensees located on Catalina Island. The provisions of this section and other sections regarding vehicle requirements also apply to vessels    used to transport cannabis and cannabis products via waterway pursuant to this  section.  Cannabis is an illegal substance under the Federal Controlled Substances Act, 21 USC et. seq., ("Act") which makes it unlawful for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense cannabis. The Act does not contain any exemption for cannabis used for medical purposes. Additionally, per federal law, cannabis is listed as a Schedule 1 drug. Federal penalties for possession of cannabis First Offense = Misdemeanor with potential for up to one year of incarceration and Second Offense = Misdemeanor punishable by 15 days to two years of incarceration Third and subsequent Offenses = Misdemeanor or felony punishable by 90 days to 3  include:  $1,000 in fines. and $2,500 in fines.  years of incarceration and fines up to $2,500.  Federal penalties increase significantly for selling or attempting to sell cannabis based on the Less than 50 kilograms - Felony punishable by up to five years in prison and a 50t to 99 kilograms - Felony punishable by up to 20 years in prison and fines of up to 100 to 999 kilograms - Felony punishable by five to 40 years in prison and possible 1000 kg and up - Felony punishable by ten years to life in prison and $4,000,000 in  amount:  $250,000 fine $1,000,000.  fines of up to $2,000,000.  fines.  However, it should be noted, federal law enforcement agencies have issued guidelines allowing for state regulatory policies that include cannabis for medical purposes. Specifically, the Rohrabaher-Farr Amendment, first introduced to the U.S. House of Representatives in 2001 and adopted in an omnibus spending bill in December 2014, prohibits the U.S. Justice Department from spending any funds on actions designed to interfere with the state medical cannabis laws. To date, this provision has been included in every subsequent spending bill.  Rohrabacher-Farr Amendment states:  None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawai, Illinois, lowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin, to prevent such States from implementing their own State laws that authorize the use, distribution,  possession, or cultivation of medical marijuana.    The Rohrabacher-Farr Amendment is vitally important for the City of Avalon's medical cannabis program as the surrounding Pacific Ocean falls within the jurisdictional authority of The City has received reports of medical cannabis delivery vessels being boarded by USCG. As the vessel, medical cannabis and medical cannabis products have had all of the required documentation for certified medical use, no action was taken by the USCG. The Harbormaster contacted the USCG who confirmed, adult-use cannabis transportation in federal waterways is Though, state regulation $153111 (p) does not distinguish between medical or adult-use cannabis in is regulatory carve out for Catalina Island, the Rohrabacher-Farr Amendment is specific in its guidance to restrict funding for interference with State permitted medical cannabis operations. No federal protections, exemptions or guidelines exist for adult- use/recreational cannabis. When state law and federal law conflict, federal law displaces or preempts state law. Therefore, City Staff interpret there is no viable way to transport adult-use cannabis to Catalina Island without violating federal law (transportation of a controlled The Department of Justice has proposed a rule change to move cannabis from Schedule It to Schedule III controlled substance. The rule change emphasizes the currently accepted medical use of cannabis, but, again, does not address adult use. If the rule change occurs, Development ofl Local Cannabis Requlations and Public Interest in Adult-Use Cannabis After the establishment of state-wide legislation regarding cannabis, acting in accordance with its local jurisdictional authority under MAUCRSA, the Avalon City Council began the process to develop its local ordinance. After discussions and code revisions at four City Council meetings, the current cannabis ordinance (Ordinance #1163-17, Chapter 5-20 of the AMC) was adopted Inc development of Ordinance #1163-17, the City Council worked to provide a means for public access to medical cannabis by supporting a medical cannabis business delivery process, while protecting the City's neighborhoods, residents and businesses from potential negative impacts. Additionally, the City Council took steps to minimize the potential impact of cannabis business Requiring any medical cannabis delivery service business to locate their brick and mortar place of business within the City's commercial or special commercial zones. Prohibiting signage on the exterior of the brick and mortar facility identifying it as a Requiring extensive odor control devices and techniques be implemented. Requiring extensive security measures including 24 hour video surveillance, and Limiting medical cannabis delivery services permits to just one in the first year of  the United States Coast Guard ("USCG").  illegal.  substance) and/or risking the federal penalties as described within this report.  transportation of cannabis across federal waterways will still be prohibited.  on November 7, 2017.  in Avalon by:  commercial cannabis business. uniformed personnel on site.  operation.    At the request of the City Council, the City of Avalon added two advisory measures to the Measure E asked: "Should the City of Avalon expand its current commercial cannabis ordinance from medical delivery only to allow for duluse'/recreational delivery sales within 58.45% or 612 voters voted "No" against expansion of the ordinance to allow adult- 41.55% or 435 voters voted "Yes" in favor of expansion of the ordinance to allow adult-  March 3, 2020 General Municipal Election ballot.  the City of Avalon city limits?"  use/recreational delivery. use/recreational delivery.  Measure F asked: "Should the City of Avalon expand its current commercial cannabis ordinance to allow for a cannabis storefront location or dispensary within the City of Avalon city 65.14% or 682 voters voted "No" against expansion of the ordnance to allow a cannabis 34.86% or 365 voters voted "Yes" in favor of expansion of the ordinance to allow for a  limits?"  storefront. cannabis storefront.  Since the advisory measures, City Staff have not received any request or call from expansion of the cannabis ordinance from the public at large. Additionally, the medical cannabis delivery permit was suspended in September 2021. From that time to date City Staff have not received any inquiries, outcry or requests from the community at large for medical cannabis.  Community and Economic Impact  To accurately determine the potential economic impact of expansion of the City's cannabis  ordinance, a number of factors must be determined, including:  Federal regulations regarding transport adult-use cannabis to the Island. Type of commercial cannabis facility - storefront dispensary VS adult-use delivery. Locations for consumption. (Currently, smoking cannabis is prohibited in public places.) This is a significant factor to determine as approximately 75% of the Island's visitors are day trippers or from a cruise ship. These visitors would be limited in their options ift they Locations for brick-and-mortar commercial cannabis facilities. With limited properties, limited pool of property owners and currently no known vacancies in the City's commercial and special commercial zones, finding an appropriate location may be Additional cost of enhanced enforcement and additional administrative support to manage commercial cannabis regulations as well as additional enforcement for Rate of taxation. Adult-use cannabis and cannabis products are subject to sales tax. In addition, the state requires a 15% excise tax on cannabis sale gross receipts to support environmental cleanup, law enforcement and drug prevention programs. The City is able to add an additional local cannabis business tax not to exceed 15%. However, the rate of tax may be prohibitive to creating a thriving legal, commercial cannabis market.  wanted to consume the product while in the City.  Geographic isolation.  difficult.  regulation of illicit cannabis market.    Other visitor driven revenue areas that may be impacted by an expanded cannabis ordinance. Further, any City imposed cannabis tax would have to be approved by the  voters.  Not accounting for the above-listed factors, City Staff conducted a survey of California cities to provide some framework to understand and project potential cannabis revenues for Avalon. The City's Staff typically look to for comparison - Monterrey, Morro Bay, Solvang, Oceanside, Redondo Beach, Manhattan Beach, Del Mar - prohibit all cannabis operations in their jurisdictions. Therefore, Staff determined the cities of Santa Barbara, Napa, West Hollywood, and South Lake Tahoe, may be the best comparable cities due to their size, visitor driven  economy, etc. City of Santa Barbara Population: 87,533  Annual Visitors: 6.5 million  Approximate size: 43.09 square miles Per Capita Cannabis Sales: $61.77 Local Cannabis Business Tax: 6%  Limit of 3 Retail Storefront Commercial Cannabis Businesses  Taxable Revenue - Cannabis: $21,065,247 Total Local Taxes: $1,265,714.82 Taxable Revenue - Food Services and Drinking Places: $568,980,534  City of Napa  Population: 78,315 ofs storefronts.  Annual Visitors: 3.7 million  Approximate size: 18.1 square miles Per Capita Cannabis Sales: $54.53 Local Cannabis Business Tax: 0% Taxable Revenue - Cannabis: $16,813,458.00  Currently 9 Retail Storefront Commercial Cannabis Businesses, with no cap on number  Total Local Taxes: $0  Taxable Revenue - Food Services and Drinking Places: $352,100,181  City of West Hollywood Population: 34,514  Annual Visitors: 22 million  Approximate size: 1.9 square miles edibles only, and delivery services. Per Capita Cannabis Sales: $183.22 Local Cannabis Business Tax: 7.5% Taxable Revenue - Cannabis: $25,818,717  No limit. Currently more than 70 Commercial Cannabis Businesses including adult-use, medical, consumption areas for smoking, vaping and edibles, consumption areas for  Total Taxes: $1,936,403.78  Taxable Revenue - Food Services and Drinking Places: $604,883,880  City of South Lake Tahoe Population: 21,175  Annual Visitors: 15 million  Approximate size: 16.6 square miles Per Capita Cannabis Sales (2023): $201.47  Limit of 3 Retail Storefront Commercial Cannabis Businesses.    Local Business Tax: 6% Taxable Revenue: $16,684,269  Total Taxes: $1,001,056.00  Taxable Revenue - Food Services and Drinking Places: $174,879,862  City of Avalon  Population: 4,000  Annual Visitors: 1 million  Approximate size: 2.9 square miles Commercial cannabis businesses TBD  Taxable Revenue - Food Services and Drinking Places: $48,041,561  Revenue Analysis #1 - Food and Beverage Sales Comparison  City Staff compared the taxable revenue from Adult-Use Cannabis to the taxable revenue from Food Services and Drinking Places for the selected cities to estimate the amount of taxable revenue that could be generated from Adult-Use Cannabis sales in Avalon. For calendar year 2023, businesses in the City reported $48 million in taxable sales from Food Services and Drinking Places. For the cities selected above, taxable sales from Adult-Use Cannabis ranged from 3.7 % to 9.5% of the taxable sales generated from Food Services and Drinking Places in the same city. Santa Barbara, Napa, and West Hollywood ranged from 3.7% to 4.8%; whereas South Lake Tahoe appears to be an outlier at 9.5%. This is likely due to increased sales activity resulting from its proximity to Nevada, which did not legalize Adult-Use Cannabis until January 2024. Using 5.0% as the basis of estimate-, Avalon would generate an estimated $2.4 million in taxable sales from Adult-Use Cannabis. Depending on the tax rate, Adult-Use Cannabis could generate the following revenue (not accounting for the increased  administrative and code enforcement costs):  Tax Rate 5% 10% 15%  Potential Revenue $120,000 $240,000 $360,000  Revenue Analysis #2 - Per Capita Sales Comparison  Statewide, the per capita average in cannabis purchases is $158.00. In an attempt to provide an accurate estimate of the City's per capita potential, Staff took the daily average of 1 million annual visitors = 2,700 - and added it to the rounded up number of residents - 4,000. Staff  rounded up again to the nearest thousand 7,000.  City  Per Capita Sales Estimated Avalon Sales  Santa Barbara Napa West Hollywood South Lake Tahoe Statewide Average Twice Statewide Average  $61.77 $54.53 $183.22 $201.47 $158.00 $316.00  $432,390 $$381,710 $1,282,540 $1,410,290 $1,106,000 $2,212,000    Revenue Analysis #3- Annual Cannabis Sales to Achieve Tax Revenue Benchmarks:  Cannabis Sales $1,000,000.00 $5,000,000.00 $10,000,000.00 $18,000,000.00  5% Tax Rate $50,000.00 $250,000.00 $500,000.00 $900,000.00  10% Tax Rate $100,000.00 $500,000.00 $1,000,000.00 $1,800,000.00  15% Tax Rate $150,000.00 $750,000.00 $1,500,000.00 $2,700,000.00  FISCAL IMPACTS: Undetermined.  CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Unknown.  FOLLOW UP ACTION: Implement Council direction. posted agenda in compliance with the Brown Act.  ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the  ATTACHMENTS:  State list of cities participating in cannabis business. Avalon Municipal Code - Chapter 5-20    df : 655555        :s  l  NRE de  de  66666  65665555    m  HTBRE    TNI 88188  u  :  883333338535    TN   866668666668665    1 E 1115 - :  m  EANN  6666666    E  mu     -  166865666565565666866566565    -  e 28  1 :e  :e 4: :8 EE  68888  1588685686551      :  ES 555555 E  6666665666665:    55    City ofAvalon, CA Friday, September 13. 2024  Chapter 5-20. Medical Cannabis Delivery Service Businesses and Other  Cannabis Businesses and Activity Prior Ordinance History: Ord. 1123-13, Ord. 1146-16 $5-20.010. General Provisions. [Ord. 1163-17, eff. December 7, 2017)  (a) Purpose and Intent. It is the purpose and intent of this chapter to accommodate the needs of medically-ill persons in need of cannabis for medical purposes, as advised and recommended by their health care provider(s), while imposing regulations to protect the City's neighborhoods, residents, and businesses from negative impacts. Iti is a further purpose and intent of this chapter to regulate the cultivation, manufacturing, processing, testing, transporting, delivery, and distribution of medical cannabis and medical cannabis-related products in a manner whichi is responsible, which protects the health, safety, and welfare of the residents of Avalon, and to enforce rules and regulations consistent with state law. In furtherance of these objectives, an annual permit shall be required in order to own and/or to operate a medical cannabis delivery service business within the City of Avalon. Nothing in this Chapter is intended to authorize the possession, use, or provision of medical cannabis for purposes which violate state or federal law. The provisions of this Chapter are in addition to any other permits, licenses and approvals which may be required to conduct business in the City, and are in addition to any permits, licenses and approval required under state, county, or other law. (b) Legal Authority. Pursuant to SS 5 and 7 of Article XI of the California Constitution, and the provisions of the Medical Cannabis Regulation and Safety Act (hereinafter "MCRSA") as amended by the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), the City of Avalon is authorized to adopt ordinances that establish standards, requirements and regulations for local licenses and permits for cannabis and cannabis-related activity. Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the State of California, or any of its departments or divisions, shall be the minimum standards applicable in the City of Avalon to (c) Compliance with Laws. It is the responsibility of the owners and operators of the medical cannabis delivery service business to ensure that it is, at all times, operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder. Nothing in this chapter shall be construed as authorizing any actions which violate federal, state law or local law with respect to the operation of a medical cannabis delivery service business. It shall be the responsibility of the owners and the operators of the medical cannabis delivery service business to ensure that the medical cannabis delivery service business is, at all times, operating in a manner compliant with all applicable federal, state and local laws, the 2008 Attorney General Guidelines, any subsequently enacted state law or regulatory, licensing, or certification requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the medical cannabis delivery service business permit. Nothing in this chapter shall be construed as authorizing any actions which violate federal or state law with regard to the operation of a medical  medical cannabis, and/or medical cannabis-related activity.  cannabis delivery service business. $5-20.020. Definitions. [Ord. 1163-17, eff. December 7,2017]  When used int this chapter, the following words shall have the meanings ascribed to them as set forth herein. Any reference to California statutes includes any regulations promulgated thereunder, and is deemed to include any successor or amended Means all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by S 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. "Cannabis" does noti include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the  version of the referenced statute or regulatory provision.  CANNABIS    purpose of this Chapter, "cannabis" does not mean industrial hemp as that termi is defined by S 81000 of the California Means manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product's potency. An edible medical cannabis product is not considered food, as defined by $ 109935 of the California Health and Safety Code, or a drug, as defined by S 109925 of the California Health and Safety Code. Has the same meaning as that termi is defined in S 11362.7 of the California Health and Safety Code.  Food and Agricultural Code or S 11018.5 of the California Health and Safety Code.  CANNABIS CONCENTRATE  CAREGIVER ORI PRIMARY CAREGIVER CITY OR CITY OF AVALON COMMERCIAL CULTIVATION marijuana. CULTIVATION SITE DELIVERY  Means the City of Avalon, a California general law City.  Cannabis activity includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, Means any activity, whether occurring indoors or outdoors, involving the propagation, planting, growing, harvesting, drying, curing, grading, and/or trimming of cannabis plants or any part thereof for any purpose, including medical Means a facility where medical cannabis is cultivated, propagated, planted, grown, harvested, dried, cured, graded, or Means the commercial transfer of medical cannabis or medical cannabis products from a dispensary, up to an amount determined to be authorized by the State of California, or any of its departments or divisions, to anyone for any medical purpose. "Delivery" alsoi includes the use by a dispensary of any technology platform owned, controlled, and/or licensed by the dispensary, or independently licensed by the State of California under the MAUCRSA (as the same may be amended from time-to-time), that enables anyone to arrange for or facilitate the commercial transfer by a licensed Means a medical cannabis business facility where cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, medical cannabis Means any activity involving the retail sale of medical cannabis or medical cannabis products from a dispensary via Means the procurement, sale, and transport of medical cannabis or medical cannabis products between entities licensed Means a person engaged in the business of purchasing medical cannabis from a licensed cultivator, or medical cannabis Means all dead medical cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and Means manufactured cannabis that is intended to be used, in whole or in part, for human consumption. An edible medical cannabis product is not considered food as defined by S 109935 of the California Health and Safety Code ora Means living medical cannabis flowers and plants, including seeds, sprouts, immature plants (including unrooted clones),  labeling, transportation, distribution, delivery or sale of marijuana and marijuana products.  trimmed, ort that does all or any combination oft those activities.  dispensary of medical cannabis or medical cannabis products.  DISPENSARY  and medical cannabis products as part of a retail sale.  DISPENSING delivery. DISTRIBUTION DISTRIBUTOR DRIED FLOWER stems.  pursuant to the MAUCRSA: and any subsequent State of California legislation regarding the same.  products from al licensed manufacturer, for sale to al licensed dispensary.  EDIBLE CANNABIS PRODUCT  drug as defined by S 109925 oft the California Health and Safety Code.  LIVE PLANTS  and vegetative stage plants. MANUFACTURED CANNABIS    Means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a Means a person that conducts the production, preparation, propagation, or compounding of manufactured medical cannabis, as defined in this section, or medical cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis at a fixed location that packages or repackages medical cannabis or Means a location that produces, prepares, propagates, or compounds medical cannabis or medical cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of  concentrate or manufactured product intended for internal consumption or topical application.  MANUFACTURER  medical cannabis products orl labels or relabels its container.  MANUFACTURING SITE  extraction and chemical synthesis.  MARIJUANA  Means "Cannabis," as that termi is defined in this chapter.  MEDICAL CANNABIS ACTIVITY  Includes cultivation, manufacture, processing, laboratory testing, transporting, delivery, distribution, or sale of medical cannabis or a medical cannabis product, within the meaning of California Business and Professions Code 19300 et  seq.  MEDICAL CANNABIS BUSINESS  Means any business or operation which engages in medical cannabis activity. MEDICAL CANNABIS DELIVERY SERVICE BUSINESS PERMIT  Means a regulatory permit issued by the City of Avalon pursuant to this chapter to a medical cannabis delivery service business, and is required before any medical cannabis delivery service business activity may be conducted in the City. The initial permit and annual renewal of a medical cannabis delivery service business permit is made expressly contingent upon the business' ongoing compliance with all of the requirements of this chapter, any regulations adopted by the City governing the medical cannabis delivery service activity ati issue, and any other state orl local laws. MEDICAL CANNABIS, MEDICAL MARIJUANA, MEDICAL CANNABIS PRODUCT OR CANNABIS PRODUCT Means ap product containing cannabis, including, but not limited to, concentrates and extractions, intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at S 11362.5 of the California Health and Safety Code (as the same may be amended from time-to-time). For purposes of this Chapter, "medical cannabis" does not include industrial hemp as defined by S 81000 of the California Food and Shall have the same definition as California Health and Safety Code $ 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health and Safety Code S 11362.5. For purposes of this chapter, qualified patient shall also refer to qualified patients whol have obtained an identification card from the State Department of Health Services, as that term is defined by California Health and Safety Code S 11362.7 et seq. Means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as  Agricultural Code or S 11018.5 of the California Health and Safety Code.  PATIENT OR QUALIFIED PATIENT  PERSON  the singular number.  PERSON WITH ANI IDENTIFICATION CARD  Shall have the meaning given that term by California Health and Safety Code S 11362.7.  STATE LICENSE engage in medical cannabis activity. TOPICAL CANNABIS oft the California Health and Safety Code. TRANSPORT  Means ap permit or license issued by the State of California, or one of its departments or divisions, under MAUCRSA to Means a product intended for external use. A topical cannabis product is not considered a drug as defined by S 109925 Means the transfer of medical cannabis or medical cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting medical cannabis activity  authorized byt thel MAUCRSA. TRANSPORTER    Means a person authorized to transport medical cannabis or medical cannabis products in amounts authorized by the $5-20.030. Medical Cannabis Delivery Service Business Permit Required for owner/Operator, Requirements for Medical Cannabis Delivery Service  State of California, or by one ofi its departments or divisions under the MAUCRSA.  Business Employees. [Ord. 1163-17, eff. December 7, 2017]  (a) Medical Cannabis Delivery Service Business Permit Required to Engage in Medical Cannabis Business.  (1) No person may engage in any medical cannabis delivery service business unless the person (1) has a valid medical cannabis delivery service business permit from the City of Avalon and (2) is currently in compliance with all applicable state and locall laws and regulations pertaining to the medical cannabis delivery service business and the medical cannabis delivery service business activities, including the dutyt to obtain any required state licenses. (2) Ifand until Health and Safety Code S 11362.775, subdivision (a), is repealed, the City intends that persons eligible to operate collectives or cooperatives under that subdivision shall be eligible to apply for a City permit to conduct medical cannabis activities, but only to the degree those activities are authorized under state law for collectives and cooperatives. If and when the Health and Safety Code S 11362.775, subdivision (a), is repealed, or as soon as collectives and cooperatives are no longer permitted under state law, any City medical cannabis delivery service business permit holder operating as a collective or cooperative who has not already obtained a state license for the medical cannabis delivery service business activities they are engaged in shall automatically forfeit his or her City medical cannabis delivery service business permit.. At that point they shall nol longer be authorized to engage in any medical cannabis delivery service activities int the City until they obtain both a City issued medical cannabis delivery (b) Medical Cannabis Delivery Service Business Employee Qualifications and Training; Employer Obligations to Monitor (1) The owner or operator of a medical cannabis delivery service business shall ensure that all employees comply with (2) Medical cannabis delivery service business owners or operators shall ensure that employees are educated as to all the requirements of this chapter and applicable state law requirements for medical cannabis delivery service (3) Failure of the owner or operator to comply with these requirements shall be grounds for permit revocation.  service business permit and a state license for that medical cannabis activity.  Employee Compliance.  all the requirements oft this chapter.  businesses andt that they adhere to all applicable requirements.  $5-20.040. Medical Cannabis Businesses.  [Ord. 1163-17, eff. December 7,2017] (a) Medical Cannabis Delivery Service Businesses.  (1) Initial Maximum Amount of Medical Cannabis Delivery Service Business Permits. Upon the effective date of this provision, the City Council may issue a maximum of one medical cannabis delivery service business permit to one qualified medical cannabis delivery service business at any one given time. The permit shall be issued in accordance with the application and permit approval process contained in this chapter and resolutions and policies adopted pursuant to this chapter. The medical cannabis delivery service business must obtain a medical cannabis delivery service business permit from the City before commencing operations, must be in compliance with all applicable state and federal laws pertaining to its operation, including obtaining all necessary licenses from the state, and shall comply with all applicable operational and zoning requirements set forth in the Avalon Municipal Code. Nothing in this chapter creates a mandate that the City Council must issue any medical cannabis business permits to medical cannabis delivery service businesses if the City Council determines that there are no qualified applicants, the proposed locations for medical cannabis delivery service business isi incompatible with neighboring land uses, ori ift the City Council determines that the issuance ofa medical cannabis delivery service business permit would have ar negative effect on the health, safety, or welfare oft the citizens or businesses of Avalon, or for any other (2) City Council Review and Increased Maximum Number of Medical Cannabis Delivery Service Business Permits tol be Issued. Twelve months after the initial medical cannabis delivery service business permit has been issued, the City Manager shall deliver a report to the City Council during a regular meeting which examines the positive and negative impacts that the medical cannabis delivery service business has had on the community during the preceding 12 months. The report shall include, among other things, an analysis of how the medical cannabis delivery service business has complied with state and local regulations, any positive or negative community and law enforcement impacts, and any revenue generated. If after hearing the report the City Council makes a determination  reason allowed byl law.    that there are no significant consequences of allowing a medical marijuana delivery service business to operate in the City, the City Council at its sole discretion may vote to expand the number of authorized medical cannabis delivery services permits to be issued up to a maximum of two. If the City Council takes no action, or finds that the impacts are unacceptable, then the maximum number of medical cannabis delivery service businesses authorized (b) All Other Medical Cannabis Businesses. Until further action by the City Council to amend this chapter has been taken, medical cannabis businesses othert than medical cannabis delivery services are not permitted to operate within the City. (c) Non-Medical Cannabis Businesses. Non-medical or personal cannabis businesses including cultivation, manufacturing. distribution, dispensing, testing laboratories, and transporting! businesses are not permitted within the City. $5-20.050. Application for Medical Cannabis Delivery Service Business Permit: Renewal Applications; and Effect of Revocation or Suspension of State  shall continue to! be limited to one as provided in subsection(a). above.  License.  [Ord. 1163-17, eff. December 7, 2017] (a) Initial Application Procedure.  (1) The City Council shall adopt by resolution the procedures which will govern the application process, and the manner in which the decision will ultimately be made regarding the issuance of any medical cannabis delivery service business permit(s). The resolution shall authorize the City Manager or his or her designee to prepare the necessary forms, adopt any necessary rules, regulations and processes, solicit applications, conduct initial evaluations of the applicants, and ultimately provide a final recommendation to the City Council regarding the applicants for (2) Att the time of filing, each applicant shall pay an application fee established by resolution of the City Council, to cover (3) After the initial review the City Manager or his designee will make a recommendation to the City Council, and the City Council shall make a final determination in accordance with the selection procedure set forth in the resolution (b) The City's Reservation of Rights. The City reserves the right to reject any or all applications. The City may also modify, postpone, or cancel any request for applications, or the entire program under this chapter, at any time without liability, obligation, or commitment to any parly, firm, or organization. Persons submitting applications assume the risk that all or any part of the program, or any particular category of permit potentially authorized under this chapter, may be cancelled at any time prior to permit issuance. The City further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to any other justification provided a failure to comply with other  consideration.  all costs incurred by the City in the application process.  adopted byt the City Council.  requirements in this chapter, an application risks being rejected for any of the following reasons: (2) Proposal not containing the required elements, exhibits, nor organized int the required format. (3) Proposal considered not fully responsive to this request forp permit application. (4) Proposal contains excess or extraneous material not called for in the request for permit application. (c) Expiration of Medical Cannabis Delivery Service Business Permits. A medical cannabis delivery service business permit issued pursuant to this Chapter shall expire 12 months after the date of its issuance. Medical cannabis delivery service (d) Revocation of Permits. Medical cannabis delivery service business permits may be revoked for any violation of any  (1) Proposal received after designated time and date.  business permits may be renewed as provided ins subsection (e)! below. standard adopted pursuant to this Chapter, law andlor any rule, regulation.  (e) Renewal Applications.  (1) An application for renewal of a medical cannabis delivery service business permit shall be filed at least 60 calendar (3) The applicant shall pay at feei in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costsi incurred by the City to administer the program created under this chapter. (4) An application for renewal of a medical cannabis delivery service business permit shall be rejected if any of the  days prior tot the expiration date oft the current permit.  (2) The renewal application shall contain all thei information required for new applications.  following exists:  a. The applicationi is filed less than 60 days before its expiration.    b. The medical cannabis delivery service business permit is suspended or revoked at the time of the application. The medical cannabis delivery service business has not been in regular and continuous operation in the four d. The medical cannabis delivery service business has failed to conform to the requirements of this chapter, or of  months prior to the renewal application. any regulations adopted pursuant toi this chapter.  e. The permittee fails ori is unable to renew its State of California license.  Ifthe City or state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of this chapter, of the City's Municipal Code, or of the state rules and regulations, and the City or state has determined that the violation is grounds for termination or revocation of the medical cannabis (5) The City Manager or his designee is authorized to make all decisions concerning the issuance of a renewal permit. Inn making the decision, the City Manager or his designee is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare. Appeals from the decision of the City Manager or his designee shall be (6) Ifar renewal application is rejected, a person may file ar new application pursuant to this Chapter no sooner than one (f) Effect of State License Suspension, Revocation, or Termination. Suspension of a license issued by the State of California, or by any ofi its departments or divisions, shall immediately suspend the ability of a medical cannabis delivery service business to operate within the City, until the State of California, or its respective department or division, reinstates or reissues the State license. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a medical cannabis delivery service business, suchr revocation or termination shall also revoke or terminate the ability ofa a medical cannabis delivery service business to operate within the City ofA Avalon.  delivery service business permit.  handled pursuant to S 5-20.06 entitled "Appeals." year from the date oft the rejection.  S 5-20.060.Appeals. [Ord. 1163-17, eff. December 7, 2017]  (a) Appeals from Decisions of the City Manager or His Designee Under This Chapter. Unless specifically provided elsewhere to the contrary, whenever an appeal is provided for in this chapter from a decision of the City Manager or his (1) Within 10 calendar days after the date of a decision of the City Manager or his designee(s) to revoke, suspend or deny a permit, or to add conditions to a permit, an aggrieved party may appeal such action by filing a written appeal (2) At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the City Council (1) Upon receipt of the written appeal, the City Clerk shall set the matter for a hearing before the City Council. The City Council shall hear the matter de novo, and shall conduct the hearing pursuant to the procedures set forth by the (2) The appeal shall be held within ar reasonable time after the filing the appeal, buti in no event later than 90 days from the date of such filing. The City shall notify the appellant of the time and location at least 10 days prior to the date of (3) At the hearing, the appellant may present any information they deem relevant to the decision appealed. The formal (4) At the conclusion of the hearing, the City Council may affirm, reverse or modify the decision appealed. The decision  or her designee, the appeal shall be conducted as prescribed in this section.  (b) Written Request for Appeal.  with the City Clerk setting forth the reasons why the decision was not proper.  as may be amended from time to time.  (c) Appeal Hearing.  City. the hearing.  rules of evidence and procedure applicable in a court of law shall not apply tot the hearing.  oft the City Council shall be final.  $5-20.070. Permittee Selection Process.  [Ord. 1163-17, eff. December 7,2017] (a) Selection and Review of Finalists.    (1) The City Council shall adopt by resolution a procedure by which the applicants applying for a medical cannabis delivery service business permit will be presented to the City Council for at final determination at a public! hearing. (2) The applicants shall be invited to attend the City Council meeting, where they will be expected to make a public presentation introducing their team and providing an overview of their proposal. In order to provide adequate time, presentations may be divided over more than one meeting over multiple days as determined to be necessary. (3) Atl least 10 days prior tot the! hearing, notice of thel hearing shall be sent to all property owners located within 3001 feet oft thep proposed business locations ofe each oft the finalists to! be considered by the City Council. (4) The City Council shall rank the applicants in order of preference based on criteria listed in the relevant resolution and shall select one candidate to be issued a medical cannabis delivery services business permit. The City Council's decision as tot the selection oft the candidate to receive thep permit shall be final. (5) Official issuance of a medical cannabis delivery service business permit, however, is conditioned upon thep prevailing candidate obtaining all required land use approvals. Following the City Council's selection, the prevailing candidate shall apply to the City's planning department to obtain any required land use approvals or entitlements for the permittee's location, if any. Land use approvals shall include compliance with all applicable provisions of the California Environmental Quality Act. The City Manager shall formally issue a medical cannabis delivery service business permit once the City Manager and Sheriff have both affirmed that all of the required land use approvals (6) If the selected permittee is unable to fulfill all the requirements of obtaining the medical cannabis delivery service business permit, the City Council, in its sole discretion, may award the permit to the next highest ranked finalist, or (7) Issuance of a medical cannabis delivery service business permit does not create a land use entitlement. Amedical cannabis delivery service business permit shall only be for a term of 12 months, and shall expire at the end of the twelve-month period unless it is renewed as provided herein. Furthermore, no permittee may begin operations, notwithstanding the issuance of a permit, unless all of the state and local laws and regulations, including but not (8) Notwithstanding anything in this chapter to the contrary, the City Council reserves the right to reject any or all applications ifi it determines it would be in the best interest of the City, taking into account any health, safety and welfare impacts on the community. Applicants shall have no right to a medical cannabis delivery service business permit until a permit is actually issued, and then only for the duration of the permit's term. Each applicant assumes the risk that, at any time prior to the issuance of a permit, the City Council may terminate or delay the program (9) Ifan application is denied, a new application may not be filed for one year from the date of the denial. (10)A A person or entity granted a medical cannabis delivery service business permit shall be required to pay the permit fee established by resolution of the City Council, to cover the costs of administering the medical cannabis delivery (1) No person may transfer ownership or control of a medical cannabis delivery service business or transfer any medical cannabis delivery service business permit issued under this Chapter. Medical cannabis delivery service business permits are not a property right, and permittees have no economic interest in any permit issued to them. Permittees have no right to sell or transfer a medical cannabis delivery service business permit to another party, or to have the City Council consider whether they should authorize the transfer of a medical cannabis delivery service business permit to another party. Any attempt to transfer ownership of a medical cannabis delivery service business or of a medical cannabis delivery service business permit shall render the medical cannabis delivery service (2) Any attempt to transfer a medical cannabis delivery service business permit or a medical cannabis delivery service business shall resulti in the medical cannabis delivery service business permit being declared immediately revoked (3) In any situation where a permit has been lost as a result of an attempted transfer of the medical cannabis delivery service business permit or of the medical cannabis delivery service business, or as a result of the abandonment or revocation of the permit, any new permit shall be issued using the standard process for the issuance of permits in the first instance. No preference shall be given to any person proposed as new owner or assignee by the former permit holder. In such case, prior to accepting any new applications, the City shall post the availability oft the medical cannabis delivery service business permit at issue on the City's website. The City Manager or his/her designee may  have been obtained.  may begint the application process again to allow for selection of a new set of finalists.  limited tot the requirements of this chapter and of the permit, have been complied with.  created under this chapter.  service business permit program created int this chapter.  (b) Prohibition on Transfer of Medical Cannabis Delivery Service Business Permits.  business permit void.  and/or iti is void and nol longer of any effect.  take other actions tol help ensure the broadest pool of applicants for the new permit.  $5-20.080. Requirements Before Permittee May Commence Operations.    [Ord. 1163-17, eff. December 7,2017] ofA Avalon business license.  (a) City Business License. Prior to commencing operations, ar medical cannabis delivery service business shall obtain a City (b) Building Permits and Inspection. Prior to commencing operations, ar medical cannabis delivery service business shall be subject to a mandatory building inspection, andi must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), fire department approvals, Health Department approvals, and other zoning and (c) Certification from Planning Director. Prior to commencing operations, a medical cannabis delivery service business must obtain a certification from the Planning Director certifying that the business is located on a site that meets all of the (d) Right to Occupy and to Use Property. As a condition precedent to the City's issuance of a medical cannabis delivery service business permit pursuant to this Chapter, any person intending to open and to operate a medical cannabis delivery service business shall provide sufficient evidence of the legal right to occupy and to use the proposed location. Int the event the proposed location will be leased from another person, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this Chapter and consents tot the operation of the medical cannabis delivery service business on the owner's property. (e) Limitations on City's Liability. To the fullest extent permitted by law, the City of Avalon shall not assume any liability whatsoever with respect tol having issued a medical cannabis delivery service business permit pursuant toi this chapter or otherwise approving the operation of any medical cannabis business. As a condition to the approval of any medical cannabis delivery service business permit, the applicant shall be required to meet all of the following conditions before (1) They must execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant's sole cost and expense), and hold the City of Avalon, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance of the medical cannabis delivery service business permit, the City's decision to approve the operation of the medical cannabis delivery service business or activity, to process used by the City in making its decision, or the alleged violation of any federal, state or local laws (2) Maintain insurance at coverage limits established by S 1-6.01 of the Municipal Code and with conditions thereon (3) Reimburse the City of Avalon for all costs and expenses, including but not limited to attorney fees and costs and court costs, which the City of Avalon may be required to pay as a result of any legal challenge related to the City's approval of the applicant's medical cannabis delivery services business permit, or related to the City's approval ofa medical cannabis delivery service activity. The City of Avalon may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed  land use permit(s) and approvals. requirements oft the City's Municipal Code.  they can receive the medical cannabis delivery service business permit:  by the medical cannabis delivery service business or any ofi its officers, employees or agents. determined necessary and appropriate from time to time! byt the City Attorney.  hereunder.  $5-20.090. Operating Requirements for Medical Cannabis Delivery Service  Businesses.  [Ord. 1163-17, eff. December 7, 2017]  (a) Compliance with Laws. It is the responsibility of the owners and operators of the medical cannabis delivery service business to ensure that it is, at all times, operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder. Nothing in this chapter shall be construed as authorizing any actions which violate state law orl local law with respect to the operation of a medical cannabis delivery service business. Its shall be the responsibility of the owners and the operators of the medical cannabis delivery service business to ensure that the medical cannabis delivery service business is, at all times, operating in a manner compliant with all applicable state and local laws, the 2008 Attorney General Guidelines, any subsequently enacted state law or regulatory, licensing, or certification requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the medical cannabis delivery service business permit. Nothing in this chapter shall be construed as authorizing any actions which violate state law with regard to the operation of a medical cannabis delivery (1) No person may commence or continue any medical cannabis delivery service activity in the City, without timely paying in full all fees, charges, and any applicable taxes required for the operation of a medical cannabis delivery service business. Fees and charges associated with the operation of a medical cannabis delivery service activity shall be established by resolution oft the City Council which may be amended from time to time.  service business. (b) Fees, Charges, and Taxes.    (2) A medical cannabis delivery service business authorized to operate under this chapter shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state, and local law. Medical cannabis delivery service businesses shall cooperate with the City with respect to any reasonable request to audit the medical cannabis delivery service businesses' books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid Hours of Operation. Medical cannabis delivery service businesses may conduct business between the hours of 10:00 No in person on-site sales of medical cannabis shall be permitted. All medical cannabis sales must be conducted via (d) Restriction on Consumption. Cannabis shall not be consumed on the premises of any medical cannabis delivery service (f) Reporting and Tracking of Product and of Gross Sales. Each medical cannabis delivery service business shall have in place a point-of-sale tracking system to track andi report on all aspects of the medical cannabis delivery service business including, but notl limited to, such matters as cannabis tracking, inventory data, and gross sales (by weight and by sale). The medical cannabis delivery service business shall ensure that such information is compatible with the City's record- keeping systems. The system must have the capability to produce historical transactional data for review by the City (g) Licensed Facilities. All cannabis and cannabis products sold, or distributed in the City shall be cultivated, manufactured, andt transported by licensed facilities that maintain operations in full conformance with the State and local regulations. (h) Emergency Contact. Each medical cannabis delivery service business shall provide the City Manager or his/her designee(s) with the name, telephone number (mobile preferred, if available) of an owner and or manager to whom ) Minors. Persons under the age of 21 years of age shall not be allowed to serve as a driver for a medical cannabis delivery service business. It shall be unlawful and a violation of this Chapter for any person to employ any person at a ) Odor Control. Odor control devices and techniques shall be incorporated in all medical cannabis delivery service businesses to ensure that odors from cannabis are not detectable off-site. Medical cannabis delivery service businesses shall provide a sufficient odor absorbing ventilation and exhaust system sO that odor generated inside the medical cannabis delivery services business that is distinctive toi its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the medical cannabis delivery services business. As such, a medical cannabis delivery service business must install and maintain the following equipment, or any other equipment which the (1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally. The medical cannabis delivery services business applicant shall provide a statement from the exhaust air filtration manufacturer that the system has been designed to achieve the above standard based on the specific building size (2) An air system that creates negative air pressure between the medical cannabis delivery service business interior and exterior, so that the odors generated inside the medical cannabis delivery service business are not detectable on the outside of the medical cannabis delivery service business. The medical cannabis delivery service business applicant shall provide a statement from the air system manufacturer that the system has been designed to achieve (k) Display of Medical Cannabis Delivery Service Business Permit and City Business License. The original copy of the medical cannabis delivery service business permit issued by the City pursuant to this chapter and the City issued business license shall be posted inside the medical cannabis delivery service business in al location not readily-visible to Background Check. Pursuant to California Penal Code SS 11105(b)(11) and 13300(b)(11), which authorizes City authorities to access state and local summary criminal history information for employment, licensing, or certification purposes, and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, manager, or supervisor of the medical cannabis delivery service business must submit fingerprints and other information deemed necessary by the City Manager or his/her designee(s) for a background check by the Avalon City Sheriff's Department. Pursuant to California Penal Code SS 11105(b)(11) and 13300(b)(11), which requires that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct  during any period.  (c) Operating Requirements for All Medical Cannabis Delivery Service Businesses.  A.M. and 10:00 P.M. Monday through Sunday.  delivery. business.  (e) No Outdoor Storage of Cannabis or Cannabis Products Is Permitted atA Any Time.  Manager or his/her designee.  emergency notice can be provided at any! hour of the day.  medical cannabis delivery service business whoi is not 21 years of age or older.  City Manager or his/her designee(s) determine is a more effective method or technology:  and layout.  the above standard based on the specific building size and layout.  the public.    on the part of the subject of the record, no person shall be issued a permit to operate a medical cannabis delivery services business unless they have first cleared the background check, as determined by the Sheriff, as required byt this section. Af fee for the cost oft the background investigation, which shall be the actual cost to the City of Avalon to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a medical cannabis delivery services business permit is submitted. The applicant(s) shall provide an initial deposit in an amount the City Manager or his/her designee(s) estimates will cover the cost of the background investigation, which shall be used and drawn upon as a retainer to cover the actual costs of suchi investigation. Ift this amount is not sufficient, the applicant shall provide additional amounts that are necessary and if the applicant is unable to provide the additional amounts necessary to complete the investigation, the investigation shall cease and shall not continue until such additional amounts are paid. Upon completion of the investigation or in the event the applicant withdraws their The City shall not disseminate background check results information to any unauthorized or private party. When reviewing background check results, the Sheriff shall verify that applicants have not been convicted of any crimes listed in Business and Professions Code S 19323. Applicants found to have committed any crimes listed in Business and Professions Code S 19323 may fail the background, and may be ineligible for a City medical cannabis delivery (m) Loitering. The owner and/or operator of a medical cannabis business shall prohibit loitering by persons outside the (n) Zoning Requirements. Medical cannabis delivery service businesses must locate their brick and mortar place of business (o) Permits and Other Approvals. Prior to the establishment of any medical cannabis delivery service or the operation of any such business, the person(s) intending to establish a medical cannabis delivery services business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may! be applicable toi the zoning districti in which such medical cannabis delivery service intends to establish and to operate. S 5-20.100.Additional Operating Requirements for Medical Cannabis Delivery  application, any fees paid for this process will be deemed non-refundable.  service business permit.  facility both on the premises and within 501 feet of the premises oft the business.  within the City's commercial or special commercial zones.  Service Businesses. [Ord. 1163-17, eff. December 7, 2017] (a) Records and Recordkeeping.  (1) Each owner and operator of a medical cannabis delivery service business shall maintain accurate books and records, detailing all of the revenues and expenses of the delivery services, and all ofi its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a medical cannabis delivery service business permit issued pursuant to this chapter), or at any time upon reasonable request of the City, each medical cannabis delivery service business shall file a sworn statement detailing the number of sales by the medical cannabis delivery service business during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a monthly basis. The statement shall also include gross sales for each month, and all applicable taxes (2) Each owner and operator of a medical cannabis delivery service business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the medical cannabis delivery service business, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the medical cannabis delivery service business. The register required by this paragraph shall be provided to the City Manager or his/her (3) Each medical cannabis delivery service business shall maintain a record of all persons, patients, collectives and primary caregivers served byt the medical cannabis delivery service business, for a period of no less than four years. (4) Medical cannabis delivery service businesses shall maintain records of their inventory acquired, including the name and address of each supplier, the date of acquisition and the quantity acquired from each supplier, and the location oft the cultivation oft the: supplier, and shall maintain a copy oft the supplier's statel license to cultivate (if required). (5) Subject to any restrictions under state or federal law, each medical cannabis delivery service business shall allow City of Avalon officials to have access to the medical cannabis delivery service business's books, records, accounts, together with any other data or documents relevant to its permitted medical cannabis delivery service activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than 24 hours after receipt of the City's request, unless otherwise stipulated by  paid or due to be paid.  designee(s) upon ar reasonable request.  the City. (b) Security Measures.    (1) A permitted medical cannabis delivery service business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing medical cannabis or medical cannabis products, and to deter and prevent the theft of medical cannabis or medical cannabis products at the medical cannabis delivery service business. Except as may otherwise be determined by the City Manager or his/her designee(s), these a. Preventing individuals from remaining on the premises of the medical cannabis delivery services business if they are not engaging in an activity directly related to the permitted operations of the medical cannabis delivery Establishing limited access areas accessible only to authorized medical cannabis delivery service business All medical cannabis and medical cannabis products, shall be kept in a manner as to prevent diversion, theft, d. Installing twenty-four-hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises, all interior spaces within the medical cannabis delivery service business, and all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis. The medical cannabis delivery service business shall be responsible for ensuring that the security surveillance camera's footage is remotely accessible by the City Manager or his/her designee(s), and the City's Sheriffs Department, and that iti is compatible with the City's software and hardware. In addition, remote and real-time, live access tot the video footage from the cameras shall be provided to the City Manager or his/her designee(s) and to the City's Sheriff's Department. Video recordings shall be maintained for a minimum of 45 days, and  security measures shall include, but shall not bel limited to, all of the following:  services business. personnel. and loss.  shall be made available tot the City Manager or his designee upon request. Installing sensors to detect entry to and exit from the premises.  Installing panic buttons.  Having ay protessionally installed, maintained, and monitored alarm system.  h. Any bars installed on the windows or the doors of the medical cannabis delivery service business shall be Each medical cannabis delivery service business shall have the capability to remain secure and operational during ap power outage and shall ensure that all access doors are not solely controlled by an electronic access Entrances into the medical cannabis delivery services business shall be locked at all times with entry strictly Uniformed state-licensed security personnel shall be employed to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the City Manager or his/her designee(s), with such approval not to be unreasonably (2) A medical cannabis delivery service business shall identify a designated security representalve/laision to the City Manager, who shall be reasonably available to meet with the City Avalon or his/her designee regarding any security (3) As part oft the application and permitting process, a medical cannabis delivery service business shall have as storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all (4) The medical cannabis delivery service business shall cooperate with the City whenever the City Manager or his/her designee makes a request, upon reasonable notice to the medical cannabis delivery service business, to inspect or (5) A medical cannabis delivery services business shall notify the Sheriff or his/her designee(s) within 24 hours after a. Significant discrepancies identified during inventory. The level of significance shall be determined by the b. Diversion, theft, loss, or any criminal activity involving the medical cannabis delivery service business or any The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary  installed only on the interior of the building.  panel to ensure that locks are not released during ap power outage.  controlled.  withheld.  related measures or and operational issues. cannabis, cannabis products, and any currency.  audit the effectiveness of any security plan or of any other requirement oft this Chapter.  discovering any of the following:  regulations promulgated by the City Manager or his/her designee. agent ore employee oft the medical cannabis delivery service business.  caregivers, or employees or agents of the medical cannabis delivery service business.  d. Any other breach of security.    (c) Restriction on Alcohol Sales and Consumption. No person shall cause or permit the sale, dispensing, or consumption of (d) Ifar medical cannabis delivery service business permittee is operating as a collective or cooperative under Health and Safety Code S 11362.775, subdivision (a), members of the applicant authorized to possess cannabis shall sign an agreement with the medical cannabis delivery service business which states that members shall not distribute cannabis or cannabis products to non-members or in violation of the' "Memorandum for all United States Attorneys," issued byt the United States Department of. Justice, from. James M. Cole, Deputy Attorney General and any other applicable state and (e) Ift the medical cannabis delivery service business permittee is operating as a collective or cooperative under Health and Safety Code S 11362.775, subdivision (a), the medical cannabis delivery service business shall terminate the (f) Owners and Operators are required to verify the age and the necessary documentation of each medical cannabis delivery services business customer to ensure the customer is not under the age of 18 years, and to verify that the (g) There shall not be a physician located in or on the grounds of any medical cannabis delivery services business at any time for the purpose of evaluating patients for the issuance ofa a medical cannabis prescription or card. (h) Prior to delivering medical cannabis or medical cannabis products to any person, the medical cannabis delivery service business shall obtain verification from the recommending physician that the person requesting medical cannabis or () All cannabis and products containing cannabis shall be dispensed in child-proof packaging and shall remain in such packaging until delivered and shall comply with other packaging requirements required by state! law. $5-20.110. Delivery by Medical Cannabis Delivery Service Businesses  alcoholic beverages on or about the premises of the medical cannabis delivery service business.  federal laws, regulations, or guidelines.  membership of any member violating any oft the provisions of this Chapter.  potential customer has a valid doctor's recommendation.  medical cannabis products is a qualified patient or primary caregiver.  Permitted.  [Ord. 1163-17, eff. December 7, 2017] following requirements:  Legally permitted medical cannabis delivery service business are authorized to make deliveries within the City subject to (b) Delivery services shall be provided using commercial vehicles or commercial autoettes duly permitted under S 4-4.1702 of Title 4, Chapter 4-4, Article 17 of the Avalon Municipal Code. Any commercial vehicles or commercial autoettes used (d) Before dispensing any products to persons requesting delivery, the delivery personnel must verify that the requestor is an authorized customer (either a qualified patient or a primary caregiver) by inspecting the documents required by S 5-  (a) The owner, operator, and delivery personnel shall comply with all applicable state law requirements. by a cannabis delivery service shall comply with any applicable state orl local regulations. (c) The delivery personnel must be an employee of the medical cannabis delivery services business.  20.100, subsection (f).  $5-20.120. Application of Chapter; Other Legal Duties.  [Ord. 1163-17, eff. December 7,2017] (a) Promulgation of Regulations and Standards.  (1) In addition to any regulations adopted by the City Council, the City Manager or his/her designee is authorized to establish any additional rules, regulations, and standards governing the issuance, denial, or renewal of medical cannabis delivery service business permits, the ongoing operation of a medical cannabis delivery service business and the City's oversight, or concerning any other subject determined to be necessary to carry out the purposes of (3) Regulations promulgated by the City Manager shall become effective upon date of publication. A medical cannabis delivery service business shall be required to comply with all state and local laws and regulations, including but not (1) Each medical cannabis delivery service business shall provide the name, telephone number, and email address ofa community relations contact to whom notice of problems associated with the medical cannabis delivery service  this chapter.  (2) Regulations shall be published on the City's website.  limited to any rules, regulations, or standards adopted by the City Manager or his designee. (b) Community Relations Requirements for Medical Cannabis Delivery Service Businesses.    business can be provided. Each medical cannabis delivery service business shall also provide the above information to all businesses and residences located within 100 feet of the medical cannabis delivery service (2) During the first year of operation pursuant to this chapter, the owner, manager, and community relations representative from the medical cannabis delivery service business holding a permit issued pursuant to this chapter shall attend a quarterly meeting with the City Manager or his/her designee(s) to discuss costs, benefits, and other community issues arising as a result of implementation of this chapter. After the first year of operation, the owner, manager, and community relations representative from each medical cannabis delivery service business shall meet with the City Manager or his/her designee(s) when and as requested by the City Manager or his/her designee(s). (3) The medical cannabis delivery service businesses to which a permit isi issued pursuant to this chapter shall develop and make available to youth organizations and educational institutions ap public education plan that outlines the risks ofy youth abuse of cannabis, and that identifies resources available to youth related to drugs and drug addiction. (c) Fees Deemed Debt to City of Avalon. The amount of any fee, cost or charge imposed pursuant to this chapter shall be deemed a debt to the City of Avalon that is recoverable via an authorized administrative process as set forth in the (d) Permit Holder Responsible for Violations. The person or members of a business entity to whom a medical cannabis delivery service business permit isi issued pursuant to this Chapter shall be responsible for all violations of thel laws of the State of California or of the regulations and/or the ordinances of the City of Avalon, whether committed by the permittee or any employee or agent of the permittee, which violations occur in or about the premises of the medical cannabis (1) The City Manager or his/her designee(s) are charged with enforcing the provisions of the Avalon City Municipal Code, or any provision thereof, may enter the location of a medical cannabis delivery service business at any time during the hours of operation without notice, and inspect the location of any medical cannabis delivery service business as well as any recordings and records required to be maintained pursuant to this chapter or under (2) Itis unlawful for any person having responsibility over the operation of ar medical cannabis delivery service business, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a medical cannabis delivery service business under this chapter or under state orl local law. Iti is also unlawful for ap person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a medical cannabis delivery service (3) The City Manager or his/her designee(s) charged with enforcing the provisions of this Chapter may enter the location ofar medical cannabis delivery service business at any time during the hours of operation and without notice to obtain samples of the cannabis to test for public safety purposes. Any samples obtained by the City of Avalon shall be logged, recorded, and maintained in accordance with Avalon Sheriff's Department standards for evidence. (4) Concurrent Regulation with State. It is the stated intent of this chapter to regulate medical cannabis activity in the  business property.  Municipal Code, ori in any court of competent jurisdiction.  delivery service business whether or not said violations occur within the permit holder's presence.  (e) Inspection and Enforcement.  applicable provisions of State law.  business under this chapter or under state or local law.  City of Avalon concurrently with the State of California. $5-20.130. Smoking in Public Places Prohibited. Smoking of cannabis or cannabis products is prohibited in any public place. $5-20.140. Violations and Enforcement.  [Ord. 1163-17, eff. December 7, 2017]  [Ord. 1163-17, eff. December 7, 2017] unlawful and a public nuisance.  (a) Violations Declared a Public Nuisance. Each and every violation of the provisions of this Chapter is hereby deemed (b) Each Violation a Separate Offense. Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Avalon Municipal Code. Additionally, as a nuisance per se, any violation of this chapter shall be subject to injunctive relief, any permit issued pursuant to this chapter being deemed null and void, disgorgement and payment to the City of any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The City of Avalon may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by the medical cannabis delivery service business or persons related to, or associated with, the medical cannabis delivery service activity. Additionally, when there is determined to be an imminent threat to public    health, safety or welfare, the City Manager, his/her designee, or the Sheriff, may take immediate action to temporarily suspend a medical cannabis delivery service business permit issued by the City, pending a hearing before the City (c) Remedies Cumulative and Not Exclusive. The remedies provided herein are not to be construed as exclusive remedies.  Council.  The Cityi is authorized to pursue any proceedings or remedies provided by law.