66
AVALON CITY COUNCIL MEETING WHICH WILL ALSO INCLUDE A MEETING OF THE CITY COUNCIL ACTING AS THE AVALON MUNICIPAL HOSPITAL BOARD OF TRUSTEES TUESDAY, APRIL 20, 2021 5:00 P.M. THIS VIRTUAL MEETING IS HELD PURSUANT TO EXECUTIVE ORDER N-29-20 ISSUED BY GOVERNOR NEWSOM AGENDA In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact Denise Radde, City Clerk (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the public inspection at the time the records are distributed to all, or a majority of all, members of the City Council. Such records shall be available at City Hall located at 410 Avalon Canyon Rd. Due to the evolving situation with the COVID-19 Novel Coronavirus and health recommendations from LA County Health Department THE CITY OF AVALONS CITY COUNCIL and PLANNING COMMISSION MEETINGS SHALL GENERALLY ONLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may not attend the meeting in the Council Chambers due to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing. The general public may participate in Oral Communication and address the City Council on an agenda item in person by practicing social distancing while waiting in the City Hall Court Yard and entering the Chambers one at a time at the appropriate time. A signup sheet will be provided online prior to the meeting and no one will be admitted who is ill or exhibiting symptoms of COVID-19. Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via e-Comment. Please use the link below to provide comments via e-Comment. The meeting can be viewed: On local cable: Catalina Broadband Solutions channel 3 Streaming Online: www.cityofavalon.com/meetings *Streaming on Facebook Live: www.facebook.com!CityOfAvalonOfficial To submit comments using eComment, please follow this link: https:Ilavalon.granicusideas.com Click the Meetings tab and then Post to comment on the 0412012021 meeting. CALL TO ORDER I PLEDGE OF ALLEGIANCE I INVOCATION I ROLL CALL ANNOUNCEMENTS I WRITTEN COMMUNICATIONS DEPARTMENT HEAD REPORTS CITY MANAGER REPORT / CITY ATTORNEY REPORT COUNCILMEMBER REPORTS I MAYOR REPORT PRESENTATION None 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.

AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

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Page 1: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

AVALON CITY COUNCIL MEETING WHICH WILL ALSO INCLUDEA MEETING OF THE CITY COUNCIL ACTING AS

THE AVALON MUNICIPAL HOSPITAL BOARD OF TRUSTEESTUESDAY, APRIL 20, 2021 — 5:00 P.M.

THIS VIRTUAL MEETING IS HELD PURSUANT TO EXECUTIVE ORDER N-29-20 ISSUEDBY GOVERNOR NEWSOM

AGENDA

In compliance with the Americans with Disability Act, if you need special assistance to participate in thismeeting, please contact Denise Radde, City Clerk (310) 510-0220. Notification 48 hours prior to the meetingwill enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102-35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for thepublic inspection at the time the records are distributed to all, or a majority of all, members of the City Council.Such records shall be available at City Hall located at 410 Avalon Canyon Rd.

Due to the evolving situation with the COVID-19 Novel Coronavirus and health recommendations fromLA County Health Department THE CITY OF AVALONS CITY COUNCIL and PLANNING COMMISSIONMEETINGS SHALL GENERALLY ONLY BE AVAILABLE TO THE PUBLIC REMOTELY. The generalpublic may not attend the meeting in the Council Chambers due to social distancing requirements. Thepublic is encouraged to watch and participate from the safety of their homes while practicing socialdistancing.

The general public may participate in Oral Communication and address the City Council on an agendaitem in person by practicing social distancing while waiting in the City Hall Court Yard and entering theChambers one at a time at the appropriate time. A signup sheet will be provided online prior to the meetingand no one will be admitted who is ill or exhibiting symptoms of COVID-19. Additionally, the generalpublic may participate in Oral Communication and address the City Council on an agenda items byproviding comments via e-Comment. Please use the link below to provide comments via e-Comment.

The meeting can be viewed:On local cable: Catalina Broadband Solutions channel 3

Streaming Online: www.cityofavalon.com/meetings*Streaming on Facebook Live: www.facebook.com!CityOfAvalonOfficial

To submit comments using eComment, please follow this link:https:Ilavalon.granicusideas.com

Click the Meetings tab and then Post to comment on the 0412012021 meeting.

CALL TO ORDER I PLEDGE OF ALLEGIANCE I INVOCATION I ROLL CALL

ANNOUNCEMENTS I WRITTEN COMMUNICATIONS

DEPARTMENT HEAD REPORTS

CITY MANAGER REPORT / CITY ATTORNEY REPORT

COUNCILMEMBER REPORTS I MAYOR REPORT

PRESENTATION — None

ORAL COMMUNICATIONMembers of the public may address the City Council at this time. No action will be taken onnon-agenda items at this meeting. Speakers should limit comments to two (2) minutes each.

Page 2: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

crrv COUNCILIAVALON MUNICIPAL HOSPITAL BOARD OF TRUSTEESAPRIL 20, 2021PAGE 2

CONSENT CALENDARAll items listed on the Consent Calendar are considered to be routine by the Council and willbe enacted with one motion. There will be no separate discussion of these items unless aspecific item is removed from the Consent Calendar for further discussion and possible action.

1. MinutesAlthough the live recording is the official record of public meetings, actions are preparedfor the Council’s approval.Recommended ActionApprove minutes from the April 6, 2021 regular City Council Meeting.

2. WarrantsExpenditures Submitted for Approval

o Warrants in the amount of $482,319.23.o One payroll in the amount of $16602840.o Five electronic fund transfers totaling $179,758.54.

Recommended ActionApprove the total expenditures for March 29, 2021 through April 9, 2021 totaling$828,106.17.

3. Electric Bike PolicyDuring the April 6, 2021 meeting of the City Council the City Council consideredestablishing an Electric Bicycle Policy that would identify a maximum number of e-bikepermits, specific approved routes, standards of business operations, policy for additionand subtraction of e-bike permits depending on congestion issues and whether a needfor permits exists and a policy review process for City Council to make amendments.Recommended ActionAdopt a resolution establishing electric bicycle policy.

** The following item on the Consent Calendar is the City Council acting as the AvalonMunicipal Hospital Board of Trustees **

4. Chief Executive Officer’s Board Report and Chief Financial Officer’s Narrative AnalysisAttached for the Avalon Medical Development Corporation (AMDC) Board of Trustee’sreview:

• The CEO’s February and March 2021 Report• The CFO’s January and February 2021 Report

Recommended ActionReceive and file report.

GENERAL BUSINESS

5. Tuna Club LeaseOn March 8, 2021, City Staff were provided with a proposal from the Tuna Club. Theproposal requests the City and Tuna Club enter into a new 20 year lease agreement withtwo, 10 ten year extensions expiring in 2061.

Page 3: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

CITY COUNCIL/AVALON MUNICIPAL HOSPITAL BOARD OF TRUSTEESAPRIL 20, 2021PAGE 3

Recommended ActionDiscuss the proposal to extend the Tuna Club Lease. Provide direction to Staff.

6. Discussion Regarding Autoette Vehicle Lengths and Avalon Municipal CodeDuring the February 16, 2021 meeting of the City Council the City Council had adiscussion on autoette lengths as defined by the Avalon Municipal Code (AMC).After gathering data Staff are returning to City Council for next steps.Recommended ActionDiscuss autoette lengths as outlined in the Avalon Municipal Code. Provide direction toStaff.

7. Discussion Regarding Potential Ban on SegwaysThis item appears on the agenda at the request of a member of the City Council.Recommended ActionDiscuss a potential ban on Segways. Provide direction to Staff.

8. Discussion Regarding Open Containers and To Go BeveragesRecommended ActionDiscuss and provide direction to Staff.

CLOSED SESSION

1. PUBLIC EMPLOYEE APPOINTMENTTitle: City Clerk

2. PUBLIC EMPLOYEE APPOINTMENTTitle: City Manager

ADJOURN

NOTICE OF POSTING

I, Denise Radde, declare that the City Council Agenda for Tuesday, April 20, 2021 was postedon Thursday. April 15, 2021 on the City’s website www.cityofavalon.com, and at City Hall, 410Avalon Canyon Road.

Denise A. Radde, City Clerk/City Manager

Page 4: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

CITY OF AVALON CITY COUNCIL

MEETING DATE: April 20, 2021 AGENDA ITEM:

ORIGINATING DEP: City Clerk CITY MANAGER:

_______

PREPARED BY: Denise Radde, City Clerk/City Manager

SUBJECT: City Council Minutes

RECOMMENDED ACTION(S): Approve minutes from the April 6, 2021 regular CityCouncil Meeting.

REPORT SUMMARY: Although the live recording is the official record of publicmeetings, minutes are prepared for the Council’s approval.

FISCAL IMPACTS: N/A.

GOAL ALIGNMENT: Not Aligned.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.

FOLLOW UP ACTION: File minutes in the City Clerk’s office.

ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed onthe posted agenda pursuant to the Brown Act.

ATTACHMENTS: Provided under separate cover.

Page 5: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

CITY OF AVALON CITY COUNCIL

MEETING DATE: April 20! 2021 AGENDA ITEM:

ORIGINATING DEP: Finance CITY MANAGER:

_______

PREPARED BY: Matthew Baker. Finance Director

SUBJECT: Warrants

RECOMMENDED ACTION(S): Approve the disbursements for March 29, 2021 through April9, 2021 totaling $ 828,106.17.

REPORT SUMMARY: These disbursements through April gth are comprised of warrantstotaling $482,319.23, one payroll totaling $166,028.40 and five electronic fund transferstotaling $179,758.54.

ITEM DESCRIPTION AMOUNT DATEGF US BANK WARRANTS CK# 32366-32416 $ 482,319.23 04/05/21PAYROLL 166,028.40 04/09/21EFT - CALPERS UAL 82,373.61 03/30/21EFT - CALPERS MEDICAL 64,929.90 04/07/21EFT - CALPERS RETIREMENT 29,672.45 04/07/21EFT - FUEL DOCK SBOE SALES TAX 1965.00 04/05/21EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 817.58 04/09/21

TOTAL DISBURSEMENTS $ 828,106.17

GOAL ALIGNMENT: Ongoing meeting of City obligations.

FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included inthe FY2O-21 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

Page 6: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

CITY OF AVALONMARCH 29,2021 - APRIL 09, 2021 DISBURSEMENTS

April 20, 2021

ITEM DESCRIPTION AMOUNT DATE

CF US BANK WARRANTS CKI* 32366-32416 5 482319.23 04/05/21

PAYROLL 166,028.40 04/09/21

EFT - CAI.PERS UAL 82,373.61 03/30/21EFT - CAI.PERS MEDICAL 64,929.90 04/07/21

EFT - CALPERS REIfREMENT 29,672.45 04/07/21

EFT - FUEL DOCK SBOE SALES TAX 1,965.00 04/05/21

EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 817.58 04/09/21

TOTAL DISBURSEMENTS $ 828,106.17

CERTIFICATE

IN ACCORDANCE WITH SECTION 32702

OF THE GOVERNMENT CODE, I CERTIFY

THAT THE ABOVE DEMANDS ARE ACCURATE

AND THAT FUNDS ARE AVAILABLE FOR

PAYMENT.

APPROVED AND AUDITED THIS

20TH DAY OF APRIL 2021 I CERTIFY UNDER PENALTY OF PERJURY

THAT THE FOREGOING IS TRUE AND

CORRECT.

AUDIT COMMILFEE - LISA LAVELLE EXECUTED THIS 20TH DAY OF APRIL 2021

AUDIT COMMITTEE- YESENIA DE LA ROSA FINANCE DIRECTORS MATTHEW BAKER

Page 7: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

CITY OF AVALON

MARCH 29, 2021- APRIL 09, 2021 DISBURSEMENTS

April 20, 2021

CHECK DATE

NUMBER ISSUED AMOUNT

AAA OIL, INC

ACTION SALES & METAL CO.

AIR SOURCE INDUSTRIES

AMAZON CAPITAL SERVICES. INC.

AVALC FREIGHT SERVICES, LLC

AVALON MOORING & 0 VINCi

BEyOND SOFTWARE SOLUTIONS

BOUND TREE \IEDICA

CAALINA BEVERAGE CO

CATALINA BROADBAND SOLUTIONS

CATALINA EXPRESS

CAZARES, JOSE LJIS

CO. OF LOS ANGELES SHERIrE’S DEPT.

DEPT OF HEAJTH CARE SERVICES

CEWE PEST CONTROu

CON MLI.ER & SONS

EDISON

ESG ENGINEERING

ESS ENGINEE RING

ESG ENGINEERING

ESG ENGINEERING

ESG ENGINEERING

ESG ENGINEERING

ESG ENGINEERING

GARCIA, BETTY JO

GRAINGER

HDR ENGINEERING INC.

1DB ENVIRONMENTAL SERVICES

ISLAND EXPRESS

JOROAHL CONSTRUCTION

FUKUHARA, VICTOR

MCMASTER-CARR

MEYERS FOZI, LLF

MICHAEL BAKER INTERNATIONAL

MORAND, DUDLEY

NAPA AUTO PARTS

PHILLIPS STEEL COMPANY

POINDEXTER, JAMES

OUIIL CORP

RICOH USA, INC.

SKERWIN-W’ LL’ AMS

SLATER VVAERPRCOrING. NC.

SUPERION, _LC

TRILLIUM SOJT GNS INC

J LINE

US BANCORP SEVICE CENTER

VERIZON WIRELESS

WACTERS WHOLESALE ELECTRIC CO

WEST MARINE PRO

ISO ENGINEERING

ESG ENGINEERING

VEGA. EDMUNOO

FUEL-ALL OEPTSSUPPLIES

. HARBORSUPPLIES - FIRESUPPLIES - ALL OEPTSFREIGHT- A.L DEPTS

SERVICE - HARBORCONTRACT SERVICES - IT

SUPPL’ES - FIRESU°PLES - ALL OEPTS,NTERNET-ALL OEPTS1ST HALF 03/2021RE’MB 0/P COSTSRESIDENT DEPUTY - 02/2021GEMT - OVER °AYMENTSERV’CE - HARBOR

SUPPLIES - PUBLIC WORKSUTI_ITIES

- 206 E WI- 11E

SERVICE-PUBLIC WGRKSVOID - ENTRY ERRORSERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKSRETIREE INSURANCE

- 04/2021SUPPLIES - HARBOR, FIRESERVICE - FINANCEHHW DISPOSAL

FREIGHT - GARAGESERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKSDUES - 04/2021SUPPLIES

- HARBOR, PUBLIC WORKSLEGAL FEES - ADMINSERVICE - PUBLIC WORKSRETIREE INSURANCE - 03/2021SUPPLIES - GARAGESUPPLIES

- HARBORRETIREE INSURANCE - 01-04/2021SUPPLIES - ALL DEPTSCOPIER LEASE-PLANNINGSUPPLIES - HARBORPROGRES PAY’EENT-FINAL PAYMENT

SOTWARE LEASE - F’NANCESERV CE - TRANS-TSUPPLIES - PUBLIC WORKSSEE ATTACHED OELAILCOMMUNICATIONS -ALL DEPTSSUP°LIES - PUBLIC WORKSSUPPLIES - GARAGESERVICE - PUB_IC WORKSSERVICE

- PUBLIC WORKS

CONTRACT SERVICE - 03/2021

$ 482,319,23

NAME DESCRIPTION32366 04/02/2021 278.9932367 04/02/202L 268.28

32368 04/02/2021 143.0432369 34/02/2321 1,075.7332370 04/02/2021 1,304.26

32371 04/02/2321 963-CO

32372 04/02/2021 2,696.0032373 04/02/2021 12.08

32374 04/02/2021 772.56

32375 04/02/2021 4,047.91

32376 04/02/2021 19,706.4032377 04/32/2021 2,094.31

32378 04/02/2021 122802.71

32379 04/02/2021 4.466.0)

32380 04/02/2021 57.00

32381 04/02/2021 138.23

32382 04/02/2021 192.6032383 04/02/202L 2,680.0032383 4/2/2021 2.680.00)

32384 04/02/2021 54000

3238S 04/02/2021 3,646.61

32386 04/02/2021 2,260.00

32387 04/02/2021 8,682.38

32388 04/02/2021 180.0032389 04/02/2021 765.75

32390 04/02/2021 188.55

32391 04/02/2021 1,217.50

32392 04/02/2021 35,48S.78

32393 04/02/2021 15.00

32394 04/02/2021 1,132.22

3239S 04/02/2021 570.45

32396 04/02/202132397 04/02/2021 852.25

32398 04/02/2021 270.00

32399 04/02/2021 10,080.0032400 04/02/2021 536.87

32401 04/02/202L 533.1432402 04/02/2021 2,615.70

32403 04/02/2021 769,8832404 04/02/202L 725.3132405 04/02/2021 42348

32406 04/02/2021 1,234.94

32407 04/02/2021 220,882.78324-08 04/02/2021 4,479.93

32309 04/02/2321 3,600.C032410 04/02/2021 304.3332411 04/02/2021 2,983.45

32412 04/02/2021 1,553.2832413 04/02/2021 211.9332414 04/02/2021 1,609.5732415 04/02/2C21 1,040.0032416 04/02/2021 1640.0032417 04/05/2021 9125.00

1,146.00 MASA

Page 1 oIl

Page 8: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

CITY OF AVALON

US BANK CREDIT CARD CHARGES PAID APRIL 02, 2021April 20, 2021

KRUG

KRUG

KRUG

KRUG

RADDE

RADDE

HUNCKE

HUNCKE

HUNCKE

HUNCKE

H U N CKE

HUNCKE

HUNCKE

HUNCKE

HERNANDEZ

HERNANDEZ

HERNANDEZ

HERNANDEZ

H ER NAN D EZ

H ER NAN 0 EZ

H ER NAN D EZH ER NAN D EZ

HMIE LA KHMIE LA KHMIE LA KHMIE LA K

HMIE LA KHMIE LA KH MIE LA K

HMIE LA K

119.5552.77

522.26

224.37

33.96

160.00

100.0115.93

8.24

38.31

FIRE HOSE DIRECT

VAST CONFERENCE

INKED IN

PICKLEBALL CENTRAL

SEN DH U B

HEARTLAND SPORTS

AMAZON.COM

CHET’S HARDWARE

CHETS HARDWARE

VONS

AMAZON .COM

CHEFS HARDWARE

EREPLACEMENTPARTS.COM

MK DIAMOND DIRECT

CHET’S HARDWARE

FORWARD LATERAL

PEBBLY BEACH BUILDING SUPPLYCHETS HARDWARE

CHETS HARDWARE

CHET’S HARDWARE

HOOVER FENCE

CHEIS HARDWARE

HOOVER FENCE

CHEIS HARDWARE

CHEFS HARDWARE

DESCRIPTION

RENEWAL FEE

CONVENIENCE FEE

FREIGHT

FIRE HYDRANT SUPPLIES

COVID CONFERENCE

JOB ADVERTISEMENT

PICKLEBALL SUPPLIES

COMMUNICATIONS

PICKLEBALL SUPPLIES

KITE FESTIVAL SUPPLIES

KEY COPIES

MAINTENANCE SUPPLIES

EASTER SUPPLIES

MEMBERSHIP FEE

MAINTENANCE SUPPLIES

MAINTENANCE SUPPUES

MAINTENANCE SUPPLIES

MAINTENANCE SUPPLIES

SEWER INSPECTION

MAINTENANCE SUPPLIES

MAINTENANCE SUPPLIESMAINTENANCE SUPPLIES

GARAGE SUPPLIES

MAINTENANCE SUPPLIES

FENCE SUPPLIES

FREIGHT

MAINTENANCE SUPPLIES

FENCE SUPPLIES

MAINTENANCE SUPPLIES

MAINTENANCE SUPPLIES

DEPARTMENT

FIRE

FIRE

FIRE

FIRE

ADMINISTRATION

ADMINISTRATION

RECREATION

RECREATION

RECREATION

RECREATION

RECREATION

RECREATION

RECREATION

RECREATION

PUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKS

$ 2,983.45 CHECK 32411

LAST NAME POST DATE AMT USD VENDOR

2/18/2021 557.42 SCAQMD FEES

12.37 SCAQMD FEES

21.90 USPS2/18/20212/ 2 3/2 021

3/3/20213/4/2 02 1

3/15/2021

2)18/202 12/ 19/2 02 13/4/2021

3/5/2 02 13/15/202 13/15 /2 0 2 1

3/15/202 1

3/15 /2 0 2 12/19/202 1

2/19/202 12/22/20212 /2 6/2 02 1

3/2/2021

3/2/2021

3/8/2 02 1

3/ 10/2 02 12/18/2021

2/2 2/202 1

2/2 2/2 0 2 13/ 1/2 0 2 1

3/ 1/2 0 2 1

3/ 1/2 0 2 1

3/8/202 13/12/2021

14.29

21.9724.68

288.38

43.9950.00

88.2311.1511.52

137.04

21.98

86.767.95

7.24187.41

25.78

37.99

ASAP PARTS

USPS

Page 1 of 1

Page 9: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

CITY OF AVALON CITY COUNCIL

MEETING DATE: April 20, 2021 AGENDA ITEM:

________

çç*ORIGINATING DEP: Administration CITY MANAGER: \PREPARED BY: Denise Radde, City Manager

Devin Hart, Administrative Analyst

SUBJECT: Resolution Adopting Electric Bike Policy

RECOMMENDED ACTION(S): Adopt a resolution establishing electric bicycle policy.

REPORT SUMMARY: During the April 6, 2021 meeting of the City Council, the City Councildiscussed establishing a policy for commercial electric bike permits approved via thetransportation permit process.

On February 19, 2008 the City Council approved the first electric bicycle (e-bike) rentaltransportation permit for The Barge Electric Bike Rentals, The first permit approved six e-bikesfor a one year period.

At the time this report was authored three businesses currently offer e- bike rentals:- Island Bikes — 30 permitted (Transferred during the April 6, 2021 City Council Meeting)- Browns Bikes —20 permitted- Catalina E-Bike Rentals — 20 permitted

Since 2011, the City Council has regulated new electric bike permits citing concerns relating tosafety, traffic, congestion and pending the result of a large scale traffic or circulation study.

City Staff recommended, in lieu of a traffic or circulation study, City Council may considerestablishing an Electric Bicycle Policy. During the April 6, 2021 City Council meeting there wasconsensus to establish the following:

1. A maximum number of 70 e-bike permits allowed.

2. Specific approved routes.Prohibited routes include Upper, Middle and Lower Terrace, the portion of CrescentAvenue known as Front Street, Old and New Tremont, Calle Del Sol, Hamilton Cove,Upper Metropole, Falls Canyon Road, within residential condo complexes such as SolVista and Canyon Terrace, Catalina Island Conservancy property past the gate to theinterior, dirt trails, sidewalks, and grass.

3. Standards of business operations including minimum age limits, safetystandards, etc.

Page 10: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

No rentals be permitted to anyone under 18 years of age, electric bike renters mustwear a helmet at all times, no rentals should be made to anyone appearing intoxicatedor otherwise under the influences, operators should use their best judgement indetermining if a renter can safely operate a bike, operator shall educate the renter withregards to state and local rules and regulations. The electric bikes offered by theoperators must be pedal assist, must have a governor that limits speed to 20 mph, andmust maintain numbered receipts for purpose of auditing. Additionally, each operatorshould have a patrol” bike to ensure renters are abiding by the rules. Accidents mustbe reported to the City of Avalon immediately. An accident” is defined as any incident inwhich a guest is unable to return the bike safely to the operator, or any incident that theoperator reports to their insurance carrier. Operators must adhere to all aspects of theAvalon Municipal Code (AMC) as well as maintain permissions from the Catalina IslandCompany regarding operation on privately owned streets. If any changes in theoperators business plan changes — location, hours of operation, etc., they must reportthose changes to the City immediately.

4. Policy for addition and subtraction of e-bike permits depending on congestionissues and whether a need for permits exists.Electric bike operations will be reviewed every year until a traffic/congestion study canbe conducted. During the annual review, City Council will determine if the need exists toadd more electric bike permits, or if congestion issues warrant the removal of existingpermits. The process of adding permits could be done by lottery, REP, or an award toexisting operations. The process of removing permits may be done by revoking permitsby operator — evenly. (i.e. If the City Council directed 3 permits to be revoked, onepermit would be revoked from each operator.) The review process will include analysisof all safety and traffic issues.

5. A policy review process for City Council to make amendments.The policy will be reviewed every two years to ensure it still follows the spirit of whatCity Council intended in establishing it and to consider the health, safety and welfare ofCity of Avalon residents and visitors.

Currently, only the AMC guides City Staff and City Council in determining if a TransportationPermit should be granted.

Per the AMC, Section 5-14.04:

(a) Any person desiring a permit or to renew a permit to operate a vehicle coveredby the provisions of this chapter shall file a written application therefor with the Council. Suchapplication shall:

(1) Be verified by oath of the applicant:

(2) Set forth the name, age, and address of the applicant, or, if a corporation,its name, date, place of incorporation, the address of its principal place of business, andthe names of all its officers, together with their respective ages and addresses:

Page 11: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

(3) State the trade name under which the applicant proposes to operate;

(4) Contain full information pertaining to (1) the extenL character, and mannerin which such proposed operations are to be conducted (2) the type, model, capacity,and condition of the vehicle(s) proposed to be operated and (3) the route or locationswhere the vehicle(s) is proposed to be operated for the purpose of transportingpassengers;

(5) Contain an agreement by the applicant to hold harmless, defend, andindemnify the City; and

(6) Contain such other or additional information as the City may require.

(b) The Council may grant a permit upon the proposed terms or upon terms otherthan those proposed. The Council shall make the initial permit grant, and the Vehicle Clerkmay thereafter renew a permit if he is able to make affirmative findings based on the criteriaset forth below. If the Vehicle Clerk is unable to make the affirmative findings, he shall soadvise the permit holder and set a hearing date before the Vehicle Hearing Officer, whosedecision on the renewal shall be appealable to the City Council in accordance with theprocedures set forth in Title 1, Chapter 4.:

(1) The applicant has presented facts demonstrating a necessity for therequested vehicle(s).

(2) The requested vehicle(s) is appropriate for the intended use andnecessary, for the proper functioning of the applicants enterprise;

(3) The requested vehicle(s) will not have a deleterious impact on trafficcongestion, traffic safety, noise or air pollution;

(4) In view of the size and nature of the streets of the City and the character ofthe City itself, the requested vehicle(s) will not have a deleterious impact on the publichealth, safety, and welfare;

(5) There is no more suitable alternative vehicle than the vehicle(s) requestedby the applicant that can satisfy its requirements.

GOAL ALIGNMENT: N/A

FISCAL IMPACTS: Unknown.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.

FOLLOW UP ACTION: Implement City Council decision.

Page 12: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.

ATTACHMENTS: Resolution.

Page 13: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALONESTABLISHING GUIDELINES FOR THE APPROVAL OF ELECTRIC BICYCLE

TRANSPORTATION PERMITS

WHEREAS, the City of Avalon is a premier island destination for outdoorexploration; and

WHEREAS, the first transportation permit for electronic bicycle rentals wasgranted in 2008; and

WHEREAS, electronic bicycles are a fun way to explore the City; and

WHEREAS, the City of Avalon wishes to establish by resolution guidelines for theapproval process, standards of operation and monitoring of transportation permitsrelated to electilc bicycle rental; and

WHEREAS, the City of Avalon City Council will review and reapprove theestablished guidelines every two years.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF AVALON:

1. The maximum number of 70 electric bike permits is established.

2. Prohibited routes include Upper, Middle and Lower Terrace, the portion ofCrescent Avenue known as Front Street, Old and New Tremont, Calle Del Sol,Hamilton Cove, Upper Metropole, Falls Canyon Road, within residential condocomplexes such as Sol Vista and Canyon Terrace, Catalina IslandConservancy property past the gate to the interior, dirt trails, sidewalks, andgrass.

3. No rentals be permitted to anyone under 18 years of age, electric bike rentersmust wear a helmet at all times, no rentals should be made to anyoneappearing intoxicated or otherwise under the influences, operators should usetheir best judgement in determining if a renter can safely operate a bike,operator shall educate the renter with regards to state and local rules andregulations. The electric bikes offered by the operators must be pedal assist,must have a governor that limits speed to 20 mph, and must maintainnumbered receipts for purpose of auditing. Additionally, each operator shouldhave a “patrol” bike to ensure renters are abiding by the rules. Accidents mustbe reported to the City of Avalon immediately. An accident” is defined as anyincident in which a guest is unable to return the bike safely to the operator, orany incident that the operator reports to their insurance carrier. Operators mustadhere to all aspects of the Avalon Municipal Code (AMC) as well as maintain

Page 14: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

permissions from the Catalina Island Company regarding operation on privatelyowned streets. If any changes in the operators business plan changes —

location, hours of operation: etc., it must be reported to the City immediately.

4. Electric bike operations will be reviewed every year until a traffic/congestionstudy can be conducted. During the annual review, City Council will determineif the need exists to add more electric bike permits: or if congestion issueswarrant the removal of existing permits. The process of adding permits couldbe done by lottery, REP, or an award to existing operations. The process ofremoving permits may be done by revoking permits by operator evenly. (i.e. Ifthe City Council directed 3 permits to be revoked: one permit would be revokedfrom each operator.) The review process will include analysis of all safety andtraffic issues,

5. The policy will be reviewed every two years to ensure it still follows the spirit ofwhat City Council intended in establishing it and takes into existing conditionsimport for the health: safety and welfare of City of Avalon residents and visitors.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Councilof the City of Avalon this 20th day of April, 2021, by the following vote:

AYES:NOES:ABSTAIN:ABSENT:

Ann H. Marshall, MayorCity of Avalon, California

ATTEST:

Gabrielle Morones, Deputy City ClerkCity of Avalon, California

Page 15: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

AVALON MUNICIPAL HOSPITAL BOARD OF TRUSTEES

MEETING DATE: April 20: 2021 AGENDA ITEM:

________

ORIGINATING DEP: Administration CITY MANAGER:

_______

PREPARED BY: Gabrielle Morones, Deputy City Clerk

SUBJECT: CEO’s Board Report and CFOs Monthly Narrative Analysis

RECOMMENDED ACTION(S): Receive and file the reports.

REPORT SUMMARY: Attached is a copy of the CEO February and March 2021 Reportto the Board of Directors and the CFO Report for January and February 2021.

GOAL ALIGNMENT: Not aligned.

FISCAL IMPACTS: Not applicable.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Not applicable.

FOLLOW UP ACTION: File the actions.

ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on theposted agenda pursuant to the Brown Act.

ATTACHMENTS: CEO February and March 2021 Report and the CFO’s January andFebruary 2021 Report.

Page 16: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

PD. Box 1563 (310;: 510-07cc

100 Fafls Canyon Rd Appointments 310) 510-0096A,aion, CA 90704 Catalina’slandMedic&Centerorg

CATALINA ISLAND MEDICAL CENTER

Monthly CEO Report

February 2021

COVID-19

CIMC COVID-19 Antigen TestingTests Performed —2,475 Positive Results — 181

CIMC COVID-19 Antibody TestingTests Performed — 182 Positive Results — 18

• CIMC has been performing COVID-19 vaccine clinics on a regular basis sinceDecember 2020. CIMC has conducted 23 vaccine clinics. Both the Moderna andPfizer vaccine have been made available to the community. Pfizer has submitteddata to the Food and Drug Administration (FDA) showing the vaccine is stablewhen stored between negative 13 degrees and 5 degrees Fahrenheit.

• CIMC has placed an order for the ARCTIK U1.UT 125 freezer. The ULUF -86°Cseries is produced with the true arid original single compressor technology.CIMC will be prepared for storage of any vaccine that comes available to thecommunity. This freezer will provide CIMC with 3.3 cubic feet of space forstorage of the Pfizer vaccine, which must be stored at -94 degrees Fahrenheit.The freezer also provides a temperature chart recorder. Cost of the freezer is$8,500 and expected delivery was to be January 2021. CIMC has not received thefreezer yet and is evaluating a decision to cancel the order with new informationfrom Pfizer on vaccine storage.

Page 17: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

P.O. Box 1553 310) 510-0700‘ 100 Fas Cantr Rd Aopc-trtents (310) 513-0095c, - Ayaon, CA 90704 CatahnafsrpdMed[caiCenter.org

CATALINA ISlAND MEDICAL CENTER

• The advent of COVID-19 has increased the importance of providing the serviceof infusion therapy to patients that live here on Catalina. COVID-19 has putindividuals with compromised immune systems at greater risk. Providing careat home will reduce infection risk, due to not traveling. Dr. Ehab Madyintroduced CIMC to Pacific Shores Medical Group. The medical group performsmore than 40,000 intravenous infusions per year. We have received a proposalthat is being evaluated.

• As part of our plan to implement an infusion therapy program on CatalinaIsland, CIMC must finish the current project of moving physical therapy and thebusiness office to the previous Chet’s Hardware space. We are currently in thefinal stages of remodeling of the space. New electrical, sheet rock, and levelingof the floor has been completed. Flooring will begin to be installed the week ofFebruary 22, 2021.

Exterior Rendition

- Z-Uj

-

W

-.— abn

__________

1-.

.

1. I,

Page 18: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

P.O. Box J353 (310 51C-QISD

ICO Fa!Is Canyon Rd Appo’ntmnLs (310) 510DG96

Ava0n, CA 90704 Cataflnals(andMedicaJCenter.org

Patient Satisfaction• Press Ganey surveys are sent out on a regular basis to patients that are seen in

the clinic, emergency and outpatient services. We greatly appreciate patientfeedback. This data vi11 help us understand our patient’s needs and help CIMCchange to provide a wonderful experience when visiting CIMC.

CIMC National Ranking — Fiscal Year

Department - lstQtc Z±Qtr 4thp

Emergency 68th%tile 92%tile 941h%tileClinic - gSth%tjle 25tI%tile 98tb%tileOutpatient 9gth%tile 631d%tile g3rd%tile

Average - 87t%tiIe 6Oth%tile 9sth%tile

Surveys Returned

Department 1 Qtr 2nd Qtr 3rd Qtr 4thQtr

Emergency 37 21 12Clinic 48 52 21Outpatient 1 51 19

Operations• A psychologist was recruited to Catalina Island. Disappointedly, the individual

changed their mind to come to the organization. Our physician recruiting firm,Curative, is continuing to search for a provider to fifi this role. The addition of apsychologist will help with developing CIMC as a Patient Centered MedicalHome for our community. By combining mental health services/expertise withprimary care can reduce costs, increase the quality of care, and, ultimately, savelives. The integration between primary care providers and mental healthprofessionals increases access for underserved populations in particular,improves patient care by focusing on whole health, and identifiescommunication between care providers as key to providing optimal healthcarefor patients.

• THIPA — CIMC executed a Letter of Agreement (LOA) with YHIPA onSeptember 16th, 2020. CJMC has been providing care for IHIPA patients since

CATALINA ISLAND MEDICAL CENTER

Page 19: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

P.O. Box 1563 (310) 510-0700

100 FaIi Caycr Rd Appointments (310) 510-00%

Aaon, 04 30734 Catarais}andMedcaenter.org

CATALINA ISLAND MEDICAL CENTER

October 2019. On February 12th, 2021 THIPA contacted CIMC with the desire toLOA into their standard agreement. We will evaluate what they provide CIMC.

• Modifications for the kitchen are complete. They were needed to be completedto meet health department code. The kitchen was closed for a month during therenovation. The renovation project was conducted in house by maintenance staffand they did an excellent job.

• CIMC is currently in need of a new ultrasound machine. The current machine isover 10 years of age. We have received a quote from Siemens of $85,000 for theSiemens ACUSON Sequoia. A potential donor has self-identified themselvesdesiring to purchase the machine for CIMC. We will proceed with conversationswith the donor with approval of the purchase of the machine.

Page 20: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

PC) Box 1333

100 Fas Canyon Rd

Av&on, CA 90704

(3 10 .5 0-2703

oportrnEr:s (310) 510-0036

Cata naisandMedcaCenter.org

CATAIJNA ISLAND MEDICAL CENTER

Monthly CEO Report

March 2021

COVID-19

CIMC COVID-19 Antigen TestingTests Performed —2,741

CIMC COVID-19 Antibody TestingTests Performed — 186

Days Without A Positive TestLast positive Test DateTotal Days

Positive Results — 181

Positive Results — 19

February 11th, 202142 Days

• CIMC has been performing COVID-19 vaccine clinics on a regular basis sinceDecember 2020. Both the Moderna and Pfizer vaccine have been made availableto the community. Pfizer has submitted data to the Food and DrugAdministration (FDA) showing the vaccine is stable when stored betweennegative 13 degrees and 5 degrees Fahrenheit.

• CIMC has cancelled the order for the ARCTLK ULUF 125 freezer. The ULUF -

86°C series is produced with the true and original single compressor technology.CIMC has cancelled the order with new information from Pfizer on vaccinestorage.

II

Page 21: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

PD. Box 1563 310) 5IO-C7D

Avabn,CA907D4

Appo;rs{31O)S1DDO96

CATALINA ISLAND MEDICAL CENThR

• The advent of COVID-19 has increased the importance of providing the serviceof infusion therapy to patients that live here on Catalina. COVID-19 has putindividuals with compromised immune systems at greater risk. Providing careat home will reduce infection risk, due to not traveling. Dr. Ehab Madyintroduced CIMC to Pacific Shores Medical Group. The medical group performsmore than 40,000 intravenous infusions per year. We have received a proposalthat is being evaluated.

• As part of our plan to implement an infusion therapy program on CatalinaIsland, CIMC must finish the current project of moving physical therapy and thebusiness office to the previous Chet’s Hardware space. We are currently in thefinal stages of remodeling of the space. New electrical, sheet rock, and levelingthe floor has been completed.

Exterior Rendition-.

•1’•T

Page 22: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

0. Box 1563

100 Fa!s Ca9yon Rd

Avaon, CA 90704

(310) 510-0700

Aoportrr:s (310) 510-0095

Catafl naIsandMed calCenter. org

CATALINA ISLAND MEDICAL CENTER

Patient Satisfaction• Press Ganey surveys are sent out on a regular basis to patients that are seen in

the clinic, emergency and outpatient services. We greatly appreciate patientfeedback. This data will help us understand our patient’s needs and help CIMCchange to provide a wonderful experience when visiting CIMC.

CIMC National Ranking — Fiscal Year

DepartmentEmergencyClinicOutpatient

Average

Surveys Returned

DepartmentEmergencyClinicOutpatient

1st Qtr68th1%tile

95 I etile

S7th%tile

1 Qtr3748

2nd Qtr92%tiIe25th%tile631d%tile

6OtI%tile

Qtr

215251

3rd Qtrggth%

tile

98t’%tile81 st% tile

g3rd% tile

3rd Qtr1942

4th Qtr

4th Qtr

1 38

Page 23: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

CATALINA ISLAND MEDICAL CENTER

OperationsA psychologist was recruited to Catalina Island. Disappointedly, the individualchanged their mind to come to the community. Our physician recruiting firm,Curative, is continuing to search for a provider to fill this role. The addition of apsychologist will help with developing CIMC as a Patient Centered MedicalHome for our community. By combining mental health services/expertise withprimary care can reduce costs, increase the quality of care, and, ultimately, savelives. The integration between primary care providers and mental healthprofessionals increases access for underserved populations, improves patientcare by focusing on whole health, and identifies communication between careproviders as key to providing optimal healthcare for patients..

THIPA — CIMC executed a Letter of Agreement (LOA) with THIPA onSeptember 16th, 2020. CIMC has been providing care for THIPA patients sinceOctober 2019. On February 12 2021 THIPA contacted CIMC with the desire toLOA into their standard agreement. We will evaluate what they provide CIMC.We have not received a contract at this time.

need of a new ultrasound machine. The current machine isThe new machine is to be received March Z6th, 2021

- .

• CIMC is currently inover 10 years of age.

Page 24: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

P.C. Box 1563 (310) 510-3700

o:c::

CATALINA ISLAND MEDICAL CENTER

Facility Replacement

A draft proposal has been developed by Stroudwater and Associates to helpCIMC move forward in its next steps of facility replacement. With the

- identification of a site arid the passage of ballot measure H, CIMC is positionedto pursue a loan commitment for funding a replacement hospital. USDA RuralDevelopment is the most probable lender for the most favorable rate and offersup a five-year commitment rate lock. Given historically low interest rates, marketconditions indicate pressure for a raising interest rate environment.

• Merchant McIntyre is working with CIMC to submit a proposal to the EconomicDevelopment Administration’s (FDA) Economic Adjustment Assistance (Designand Engineering projects) program. The FDA provides funding for the upfrontcosts associated with the design and engineering for major construction projects.Through the FAA program, EDA provides investments that support a widerange of construction and non-construction activities (including infrastructure,design arid engineering, and technical assistance). Projects are focused on regionsexperiencing severe economic dislocations that may occur suddenly or over time.EDA utilizes FAA investments to provide resources that help communitiesexperiencing or anticipating economic dislocations to plan and implementspecific solutions to leverage their existing regional economic advantages tosupport economic development and job creation. Like Public Works investments,FAA investments are designed to help communities catalyze public-privatepartnerships to foster collaboration, attract investment, create jobs, and fostereconomic resiliency and prosperity.

The evaluation criteria used in determining which projects receive EDA fundinginclude: (1) benefifting areas of severe economic distress; (2) leading to near termgeneration or retention of private sector jobs; and (3) documenting strong localsupport in terms of financial commitment public and private leadershipinvolvement.

Page 25: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

P.O Box 1563 (310) 5107OD

( 100 PaIs Canyon Rd AppoVtrnerts 310) 510-0096

_______

Avalon, CA 90704 CatalinalslandMedicalCenter.ong

CATALINA ISLAND MEDICAL CENTER

Notable Funding Stipulations: (1) In general, EDA does not reimburse pre-awardproject costs; and (2) applicants typically must competitively procure servicesand products pursuant to the federal government’s procurement procedures.

Maximum award is $3.0 million with a 50% match required.

The Conservancy has been helping CIMC establish a relationship with thethnovative Readiness Training program. The Conservancy utilized the servicesof the program in the renovation of the Ace Clearwater Airfield. InnovativeReadiness Training (IRT) is a collaborative program that leverages militarycontributions and community resources to multiply value arid cost savings forparticipants. Communities typically provide materials and basic services (e.g.facilities), while military units contribute personnel and training resources. JETmissions produce mission ready forces, civil-military partnerships, arid strongercommunities.

Page 26: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

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Page 29: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

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Page 30: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

CITY OF AVALON CITY COUNCIL

MEETING DATE: April 20, 2021 ADENDA ITEM:

_______

ORIGINATING DEP: Administration CITY MANAGER:

_______

PREPARED BY: Devin Hart, Administrative AnalystDenise Radde, City Manager

SUBJECT: Tuna Club Lease

RECOMMENDED ACTION(S): Discuss the proposal to extend the Tuna Club Lease. Providedirection to Staff.

REPORT SUMMARY: On March 8, 2021, City Staff were provided with a proposal from theTuna Club. The proposal requests the City and Tuna Club enter into a new 20 year leaseagreement with two, 10 ten year extensions. This would potentially extend the Tuna Club leaseto 2061.

The City and the Tuna Club entered into a lease agreement on August 3, 1993. The initiallease was set to expire on July 31, 2023.

In 2011, the Tuna Club contacted the City of Avalon with a proposal to add an additional 20-year extension to their lease (new proposed expiration 2043) in order to support a 30-yearpiling repair project the club valued at $1,000,000.00.

The lease agreement was amended in 2012. The amendment:- Extended the 1993 lease terms to add an additional option to extend the term of the

lease another single, ten year term in 2022 — new expiration date July 31, 2033.- Required the Tuna Club commit to a minimum $30000 in annual maintenance to the

facility and provide an annual report to the City Council.- Established lease payments of $3000 per month subject to annual CPI.- Released the Tuna Club from an annual charitable contribution obligation of $20,000;

however, still required charitable contributions be made and reported to the City Councilannually.

The Tuna Club has occupied the property at 100 St. Catherine Way for more than 100 years.The property is included on the National Register of Historic Places and is identified asCalifornia Historical Landmark No. 997.

The proposal provided by the Tuna Club on March 8, 2021 indicates the Tuna Club would liketo extend the term of the lease while preserving the other financial obligations outlined in thecurrent lease including, taxes, insurance premiums, operating charges, maintenance charges,construction costs and any other costs related to the use/occupation of the Clubhouse.

FISCAL IMPACTS: Undetermined.

Page 31: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: None.

FOLLOW UP ACTION: Implement City Council direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.

ATTACHMENT:March 2021 Tuna Club Proposal

- 2012 Lease Amendment

Page 32: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

THE TUNA CLUB OF SANTA CATALINA ISLAND

PROPOSAL TO THE CITY OF AVALON

MARCH 2021

Purpose

The Tuna Club, faced with the ongoing substantial financial obligations for maintenance of the historicbuilding at 100 St. Catherine Way, is seeking a new long-term lease agreement with the City of Avalon.This would allow The Tuna Club to continue the substantial yearly investments necessary to preservethis historic building.

History

The Tuna Club of Santa Catalina Island (“The Tuna Club”) was founded in June 1898 by Charles Frederick

Holder, a college professor who was a world-renowned naturalist and author. The Tuna Club was borne

out of Professor Holder’s observations about the unsportsmanlike conditions of commercial fishing andthe opportunity he recognized to introduce a sporting balance to fishing. To quote Professor Holder, his

goals were to “appeal to the innate sense of fair play found in all anglers” and to promote “the

protection of game fishes in Southern California.” Thus, the Tuna Club established rules based entirelyon the use of sporting tackle designed to “give the fish an even or better chance to win the battle.” Infact, The Tuna Club is generally regarded across the global fishing community as the birthplace of

sportfishing techniques and tackle.

As it has evolved over its 123-year history, The Tuna Club has maintained these core values ofconservation and preservation of the fisheries of our region for future generations. The Tuna Club is anot-for-profit organization organized in the State of California and is a member of the InternationalGame Fishing Association, the leading sportfishing conservation organization in the world.

Background of The Tuna Club’s Stewardship and Occupancy of the Clubhouse

In the Great Avalon Fire of November 1915, The Tuna Clubhouse, as it was then referred to, wascompletely destroyed. However, by June 1916 a new grand clubhouse building at 100 St. Catherine Way

was completed (referred to herein as “The Clubhouse”). The Clubhouse, now listed in the NationalRegister of Historic Places and as California Historical Landmark No.997, has been occupied by The TunaClub continuously for the last 105 years pursuant to a series of lease agreements with the City of Avalon.

The Tuna Club’s current occupancy is pursuant to a 1993 lease agreement which was amended andextended in 2012 (referred to as the “2012 Amendment”). The 2012 Amendment has a term extendingthrough July 2023. The 2012 Amendment includes an option for the Tuna Club to extend the leasethrough July 2033, with notice of such extension being required by July 2022.

Consistent with prior lease agreements for the Clubhouse, the 1993 lease agreement, as amended in2012, is a “triple net lease” for the City of Avalon, under which the Tuna Club is obligated to pay for alltaxes, insurance premiums, operating charges, maintenance charges, construction costs and any othercosts related to the use/occupancy of the Clubhouse.

Page 33: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

Over its 105-year occupancy, the costs borne by the Tuna Club have grown dramatically and havegenerally outpaced inflation. The primary reason for this escalation is the aging of the Clubhouse. Aswould be expected, any structure that is over 100 years old and which is built on a piling structureoverhanging the water generates a need for substantial ongoing maintenance to ensure upkeep,stability and safety. These maintenance requirements are, of course, only exacerbated by the fact thatAvalon’s Harbor, and therefor the Clubhouse, is seasonally subjected to strong “noreaster” conditions.Such storms generate large surge and waves into the Clubhouse’s piling, decking and float structures.

A good example of this can be found in a strong 1988 nor’easter that damaged the Clubhouse sufficientto require The Tuna Club, to substantially rebuild its entire porch/deck structure at great expense. Inmore recent years, the piling structure underneath the club has required very substantial refurbishment.Just since 2016. The Tuna Club has expended over $576,000 in costs to refurbish/maintain the pilingstructure of the Clubhouse. These costs include licensing/permitting, contractors for diving services toredo piling base and footing areas, contractors to refurb/repair the pilings themselves and otherrequirements such as eel grass surveys etc. It is envisioned that the Tuna Club will continue to incurcosts at a very substantial level moving forward to continue this work. While the costs will vary fromyear to year, it is expected that the Clubhouse piling/decking structure will require from $30,000 toover $100,000 each year for at least the next 6 to 8 years. It is possible that the costs coulddramatically increase from those levels if a large storm were to cause substantial damage.

In addition to the costs to maintain the piling/decking structure supporting the Clubhouse above thewater, The Tuna Club also incurs costs for normal periodic maintenance for the Clubhouse and floatstructure. Generally speaking, these costs run at least $20,000- $30,000 annually. Upgrades to theClubhouse are also frequently undertaken. As an example, in 2016/2017 over $16,000 was expended toinstall a reverse osmosis saltwater to freshwater converter to reduce the Clubhouse’s dependence onAvalon’s limited freshwater supply.

Insurance costs for the Clubhouse have also increased very dramatically over the past several years. For2020, The Tuna Club expended over $100,000 in premiums for the necessary insurance coveragepackage for the Clubhouse. Included therein was approximately $27,000 for FEMA flood insurancewhich, alone, has increased from an approximate premium level of $11,000 in 2016.

The Tuna Club remains deeply committed to the preservation of the Clubhouse as a historic landmarkand treasure of the City of Avalon. A sub-set of Members of the Tuna Club each year make substantialdiscretionary contributions that fund the vast majority of the aforementioned costs, thereby enablingannual dues of the club to stay affordable to members of varying socioeconomic circumstance.

The Role of the Tuna Club in Avalon’s Community and Economy

The Tuna Club and its members have, over the entire course if its history, placed a strong emphasis onbeing positive contributors to the economy, culture and social fabric of Avalon and Santa Catalina Island.

While separate from The Tuna Club itself, the Tuna Club Foundation (“The TCF”) is a charitable not-for-profit that derives substantially all its funding from Tuna Club members. The TCF, The Tuna Club andindividuals who are members have, over their collective history, been substantial contributors tocharitable organizations serving the needs of Avalon and its residents. In 2020 alone, the TCFcontributed over $32,000 to the Avalon Food Bank and Afterschool Programs. Other frequent

Page 34: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

beneficiaries of the TCF have included the Avalon Lion’s Club, Avalon Little League, Avalon Rotary Club,Avalon Teen Center, Catalina Island Medical Center Foundation, Children’s Dental Center, among others.At various points, college scholarship funds were provided by the TCF for graduates of Avalon schools.Avalon members individually support several of these same causes along with the Chamber ofCommerce (e.g., the annual fireworks show) and many others. The Tuna Club, its members and the TCFintend to continue our 123-year history of supporting philanthropic causes that aid Avalon in providingopportunities for its residents.

The Tuna Club also supports allowing the public to experience the historic Clubhouse and its contents.The Clubhouse houses what most fishing historians regard as the most comprehensivecollection/archive of sportfishing equipment, photographs, books, catch records etc. in the world. Formany years, the Tuna Club hosted annual guided tours for public guests. Several years ago, this effortwas expanded through a partnership with the Catalina Island Museum to offer more frequent publictours of the facility. On various occasions, the Clubhouse has been used to host events for Avalonorganizations (such as the Catalina Island Women’s Forum) to showcase this treasure of our community.

The Tuna Club and the TCF are also significant contributors to Avalon’s economy via a plethora ofavenues. Annually, the Tuna Club hosts at least three large banquets, which provide $2S,000-$30,000 ofevent catering revenues to local Avalon restaurants. The Clubhouse is utilized weekly by members andtheir families during the entire season and, of course, these groups provide substantial guest traffic forAvalon bars/restaurants, Avalon Golf Course, Taxi services, tourism activities such as inland tours,mooring rentals, golf cart rentals and express boat tickets.

The ongoing maintenance of the Clubhouse and its float structure utilize the services of many localAvalon vendors including the Catalina Boatyard, Chet’s Hardware Store, Pebbly Beach Building Supply,Island Janitorial, Avalon Fire Extinguishers, Catalina Plumbing, local painters, and laborers etc. The TunaClub and the TCF utilize the services of a local Avalon accountancy service. And, of course, Tuna Clubmembers utilize services for boat repairs, the fuel dock and the like.

The Tuna Club, its Board of Directors and its members view our history and our future has intertwinedwith that of Avalon and Catalina Island. The Tuna Club is simply not the same institution without itsclose association with Avalon. The members of The Tuna Club remain deeply committed to playing apositive contributing role to the economy, culture and tourism prospects of Avalon.

The Tuna Club’s Goal for Long-Term Partnership with the City of Avalon

As discussed above, The Tuna Club views its future with Avalon with a long-term perspective.Furthermore, The Tuna Club is committed to continuing the substantial annual financial expendituresnecessary to maintain the long-term stability/safety of the Clubhouse. However, as we approach theend of our lease commitment with the City of Avalon, it will grow increasingly challenging to justifymaking these sizable investments in the Clubhouse’s long-term future. Hence, The Tuna Club wishes tocommit to a new long-term lease for the Clubhouse with a 20-year term plus two 10-year extensionperiods. We believe that this would be highly beneficial for the City of Avalon as well. The Tuna ClubBoard of Directors are ready to engage with the City Counsel and City Manager whenever permitted todo so.

Page 35: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

Thank you for your attention and we look forward to speaking with you soon. Eric Noyes is thePresident of our Board of Directors and will be the point person for The Tuna Club on this process.

Page 36: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

r)j r’ \f i\ IU R C) \ h L

AMENDMENT TOLEASE AGREEMENT BETWEEN THE SANTA CATALINA TUNA CLUB AND THE

CITY OF AVALON

This Amendment to the Lease Agreement between the Santa Catalina Tuna Club and theCity of Avalon (“Amendment”) is made and entered into this 1st day of March 2012 (“EffectiveDate”) by andbetween the City of Anion, a California municipal corporation (“City”) and theSanta Catalina Tuna Club, a California Corporation (“Tuna Club”). City and Tuna Club may becollectively referred to herein as “the Parties.”

RECITALS 2)02 9 0 Hd tI3AI3Dfl

A. City and Tuna Club are parties to that certain Lease Agreement between the SantaCatalina Tuna Club and the City of Avaton (“Lease Agreement”), dated August 3,1993.

B. Pursuant to Sections 3.1 and 3.2 of the Lease Agreement, Tuna Club’s lease wasset to expire on July 31, 2013, unless Tuna Club exercised its option to extend the[ease by ten (10) years by notifying the City of its intention prior to JuLy 31, 2012.

C. City and Tuna Club desire to amend the terms of’ the Lease Agrôement to add, asdescribed herein, an additional option to extend the term of the lease another ten(10) years, to July 31, 2033. Such option must be exercised by Tuna Club on orbefore July 31,2022.

D. City and Tuna Club desire for the Tuna Club to be released from its obligation tomake annual charitable contributions totaling $20,000. However, Tuna Club will stillbe required to make annual charitable contributions to groups within the City ofAvalon as it sees fit and report those charitable contributions in an annual report tothe City Council.

S. City and Tuna Club desire for the Tuna Club to make repairs and improvementsto the Tuna Club structure totaling at least Thirty Thousand Dollars ($30,000)annually, which the Tuna Club will present to the City Council in an annualreport.

F. City and Tuna Club desire for the Tuna Club’s lease payments to be ThreeThousand Dollars ($3,000) per month, beginning the first month after theEffective Date of this Amendment. The lease payments will be subject to anannual cost of living adjustment as specified in the Lease Agreement.

NOW, THEREFORE, in consideration of the foregoing and the mutual promises andcovenants contained herein, the Parties hereto agree as follows:

INCORPORATION OF RECITALS.

The above recitals are incorporated by this reference as though filly set forth herein.

65059.00003\7254302.I

Page 37: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

2. TERMS.

2.1 Term. Section 3.2 of the Lease Agreement is amended to include a second optionto extend the lease term by ten (10) years, to July 31, 2033. Such option must be exercised nolater than July 31,2022.

2.2 Charitable Contributions. Any reference in the Lease Agreement to a certainamount which the Tuna Club must annually contribute to charitable organizations is hereby stricken.The Tuna Club shall continue to make charitable contributions to organizations within the City ofAvalon as a term of the Lease Agreement, however there shall be no minimum contribution amount.The Tuna Club shall report to the City Council annually the amounts and recipients of all charitablecontributions made in the previous twelve months.

2.3 Lease Payment. Section 4.11 of the Lease Agreement shall be amended to read:“Tenant shall pay to Landlord a base rent in the sum of three thousand dollars ($3,000) permonth, payablc in advance, on or before the first day of each month, throughout the termhereof.”

2.4 Annual Maintenance. Section 8.5 shall be added to the Lease Agreement andshall read: “Annual Improvements. Each year that this Lease Agreement remains in effect,Tenant shall annually make improvements andlor perform maintenance valued at least ThirtyThousand Dollars ($30,000), A record of such maintenance and/or improvements shall beprovided to the City Council annually.

3. ADDITIONAL PROVISIONS.

3.1 Entire Agreement. This Amendment and the Lease Agreement constitutes theentire agreement between the parties.

3.2 Amendments and Waivers. Neither the Lease Agreement nor this Amendmentmay be changed, modified, waived, discharged or terminated except by a writing signed by theParties.

3.3 Applicable Law: Venue. The Lease Agreement, as modified by this Amendment,and the rights and remedies of the parties hereunder shall be governed by the laws of the State ofCalifornia, The parties agree that the proper forum for resolution of matters concerning the LeaseAgreement, as modified by this Amendment, and the rights and remedies of the partiesthereunder, shall be the Superior Court County of Los Angeles, State of California.

3.4 Severability. If any provision hereof is finally determined by a court ofcompetent jurisdiction to be invalid or unenforceable, the other provisions hereof shall remain infill force and effect in such jurisdiction.

3.5 Successors and Assigns. This Amendment shall be binding upon and inure to thebenefit of the Parties hereto and their respective successors and assigns.

2

65059.00003’,7254392.l

Page 38: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

3.6 c2uffleas. This Amendment may be executed by the Parties in counterparts,each of which shall be an original and all of which counterparts shall together constitute one andthe same agreement.

3.7 Defined Tern. Terms used herein with initial capitals shall be defined termseither as defined in this Amendment or as defined in the Lease Agreement.

(signature page to follow)

3

65OS9.OOOO372543O2,

Page 39: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

[N WITNESS WHEREOF, the parties have caused this Amendment to be executed bytheir duly authorized officers as of the first date above written.

CITY O)VA59N

ATTEST:

ByDenise A. Radcle. City Clerk

APPROVED AS TO FORM:

By: c: C

Best Best & Krieger LLP

AVALON TUNA CLUB

By:

_

Name: C flMLE4? V’( JfTitle: (etcflQ & TUC’U4 c3w3

O4ed cUis 25 oP priI eo

65C59.OOOO372S4iO2.l

Page 40: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

CTY OF AVALON

9sjr-

I hope this letter flnds you vieW and that your club has had a wonderful summer season. Let me

begin, by stating that the City of Avalon is appreciative of the roll that your organization plays is

supporting the town, both in bringing the mainland boating community to patron Catailna Island

arid the phflanthropic part your club plays in donating to the non-profit organizaWons in Avalon.

Both of these are very important components to supporting the community as a whole.

The City of Avalon Administration Department has recently been conducting a review of Is

easees, including the Santa Catalina Tuna Club. Upon thorough evaluation of the Amendment

to Lease Agreement executed on March 1, 2012, it has come to our attention that both the City

and Tuna Club have been remiss in following the terms set forth in the lease. For clarity, the

three components of the tease and their requirements are broken down below:

RENT

The Amendment to Lease Agreement clarifies that rent shall be $3,000 per month, and that any

increase to the Consumer Price Index (CPI) shaJl be added annually utilizing the Los Angeles-

Anaheim-Riverside Area multiplier. Tuna Club has paid $3,000 monthly for Rent from 2012 to

2018 and is current in that regard. The City has been remiss, however, in adjusting the rent to

account for the CPI changes. In January 2018, the Bureau of Labor Statistics introduced a new

geographic area sample for the CPI. As part of the new sample, Los Angeles and Riverside

have separate indexes. The City of Avalon shall be using the Los Angeles-Long Beach-

Anaheim CPI-U from the date of your lease signing going forward due to this change.

I• IlL N

-a -.

September 5, 2018

Mr. Ralph Larison, PresidentSanta Catalina Tuna ClubPC Box 526Avalon, CA 90704

Via: UPSP Mail and Electronic Mail

Dear Mr. Larison,

\LA& c\J\

bwt& cv%orvQLj ‘)%

cC\-&S

. cSb pb

‘QJtN5

Avalon City Hall -410 Avalon Canyon Road - P.O. Box 707 - Avalon, CA 90704 (310) 510-0220

Page 41: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

__ ___

CT’! OF AVALON

The City cf Avalon may on!y colect back payme’*t for prev’cusy unpaid fees or rent for four (4)

years. or since 2014. Therefore, the total rent previously uncolected and now &e is $7236.72

(see attachment). This sum is payable upon receipt of this otter and the enclosed.:

The

monthly rent based on the addihon of the CPI is currently $3,346.87. G&ng forward, the City

shall review the change in the CR, if any, and notify the Tuna Club at the start of the fscal year

any change in rent due.

DONATIONS

The Amendment to Lease Agreement stipulates that the Tuna Club is released from its

obligation to make annual charitable contributions toaHng $20,000. However, Tuna Club wil

still be required to make annual charitable contributions to groups withn the City of Avalon as

sees fit and report those charitable contnbut:ons in an annual report to the City Counc!.r We

are requestng zne l!st of donal ons made this year to Avalon char:ies, or tne is as! year f no

donations have been made this year yet.

MAINTENANCE & REPAIRS

As stated in the Amendment to Lease Agreement, the “City and Tuna Club desire br the Tuna

Club to make repairs and improvements to the Tuna Club structure tolaling al least Thrty

Thousand Do’lars ($30,000.00) annually. whch the Tuna Club will present to the City CouncIl in

an annual report.” PubIc Works Drector Robert Greenlaw woud like to schedule an annual

inspection of the buldng as soon as can be arranged to review the current condnons o the

building and discuss the Tuna Club’s list of proposed projects for 2018 and 2019. The

inspection shoud be scheduled directly with Mr. Greenlaw: bgreenlaw©cityofavalon.com or

(310) 510-0220 extenson 129. The annual report with a description of the work completed in

the past year, the cost of the work, and the anticicated work to be undertaken in the upcoming

year may be provded d;rect.y to Mr Greenlaw, who will pass along the informaton to the City

Manager anc Cty Counc; for :ner review.

With the new Lease Agreement signed in 2012, the City desires to move forward with a clean

slate with regards to all of the components ol the agreement stated above. We recognize that

our two organizations have not had the best communication in the past, and the City desires for

that to change. Please see this otter as an attempt to start d’alogue and keep up-to-date with

our written agreement. Thank you in advance for your timely attention to these matters. If you

Avalon City Hall -410 Avalon Canyon Road - P.O. Box 707- Avalon, CA 90704 (310) 510-0220

Page 42: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

/

H CITYOFAVALON

have any questions or require additonal nformatlon, can be reached at jen©cityofavalon.com

or 3t.510.0220 extension 244.

Sincerely,

çe1n/et /I(c”:?-’c

Je7ner MonroeAdm::nistrafve AssstantCity of Avaon

Cc. Denise Radde, City Manager

Robert Greenlaw Public Works Director

Rooeri Torrez, Interim 1-inance DirecLor

Scott Campbell, City Attorney

Avalon Cily Council

Avalon City HaH 410 Avalon Canyon Road - P.O Box 707 - Avalon, CA 90704 (310) 510-0220

Page 43: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

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Page 45: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

CITY OF AVALON CITY COUNCIL

MEETING DATE:

ORIGINATING DEP:

April 20, 2021

Administration

ADENDA ITEM:

_______

CITY MANAGER:

______

PREPARED BY: Devin Hart. Administrative AnalystDenise Radde, City Manager

SUBJECT: Discussion Regarding AutoetteMunicipal Code

Vehicle Lengths and Avalon

RECOMMENDED ACTION(S): Discuss autoette lengthsCode. Provide direction to Staff.

as outlined in the Avalon Municipal

REPORT SUMMARY: During the February 16, 2021 meeting of the City Council the CityCouncil had a discussion on autoette lengths as defined by the Avalon Municipal Code (AMC).

During the February 16, 2021 meeting, the City Council directed Staff:1. Allow autoettes currently on the Island to receive a special” temporary permits for a

period of one year while the City determines exactly how many vehicles do not meet thecurrent autoette definition or qualify for the “Low-Speed Vehicle/Neighborhood ElectricVehicles” length exemption. Continue gathering data and making an informed analysis,and return for next steps.

2. To not allow any new temporary permits be authorized for vehicles exceeding the lengthrequirement as outlined in the AMC. “New permits” would be defined as autoettes notpreviously registered to the City of Avalon.

3. To not allow resale of Limo autoettes from commercial entities to residents.4. To not allow Limo autoettes to be registered with the City if the vehicle was purchased

after February 16, 2021.

The 2021 vehicle registration season ended on April 1, 2021. A total ofregistered during the vehicle season — 828 residential autoettes andautoettes. During registration it was discovered that approximatelyresidential autoettes (16%) exceed the maximum length of 120 inchesAMC as well as 115 commercial autoettes utilized for rentals.

1,140 vehicles were312 non-residential

179 residential/non-as described in the

12950115*

- Total residential/non-residential autoettes that exceed 120’:- Total CIVR/t-lamilton Cove Vacation Rental autoettes that exceed 120”:- Total rental vehicles that exceed 120’:

*Rental vehicles have commercial autoette and commercial vehicle permits.

Excluding rental vehicles:- Totalnumberofvehiclesthatmeasure 121—125”: 62 35%- Total number of vehicles that measure 126”— 130”: 99 55%- Totalnumberofvehiclesthatmeasure 131—135”: 7 4%- Total number of vehicles that measure 135”— 140”: 9 5%- Total number of vehicles that measure 140”— 145”: 2 1%

Page 46: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

Rental vehicles;- Total vehicles that measure 128”: 60*- Total vehicles that measure greater than 128”; 55**

*Commercial autoette stickers. ** Commercial vehicle sticker. All rentals are Yamaha.

By make (Excluding Commercial):- Yamaha: 148 84%- Suzuki: 11 6%- Club Car: 8 4%- Total EZGO: 7 3%- Other: 5 3%

o Diahatsu. EVE, GEM, Kia and Porter

As directed, City Staff informed auto dealers that no new temporary permits would beauthorized for vehicles exceeding the length requirement as outlined in the AMC. “Newpermits” would be defined as autoettes not previously registered to the City of Avalon.

Within the AMC, Chapter 4, Section 4.1714, establishes the maximum lengths and widths ofvehicles permitted in Avalon. Per the code:

AUTOETTE — Shall mean any of the following: (1) a motor vehicle having three or morewheels in contact with the ground, an unladen weight of no more than 1,800 pounds and anoverall length of no greater than 120 inches including the front and back bumpers, withoutregard to classification or designation of such vehicle by the Department of Motor Vehicles...

The AMC has an autoette length allowance for environmentally friendly “Low-SpeedVehicle/Neighborhood Electric Vehicles” and a width allowance for “Mico-cars.”

On February 2, 2010, the AMC was amended (Chapter 4, Section 4-4.1705 (b)(1)) to permitoversized ‘environmentally friendly vehicles:

An autoette permit may be issued to an otherwise qualified person for an electric-poweredautoette that meets the definition of “Low-Speed Vehicle/Neighborhood Electric Vehicle” asdefined in either California Vehicle Code § 385.5 or 49 CER 571.500 as it existed on January1. 2010, provided such vehicle is registered with the California Department of Motor Vehicles,has a length of 138 inches or less, including front and rear bumpers, and a width of 67 inchesor less, as measured from the widest part of the vehicle, but not including mirrors or doorhandles.”

The AMC was further revised on December 20, 2016 to permit micro-cars (Chapter 4, Section4-4.1705 (b)(2)):

An autoette permit may be issued to an otherwise qualified person for a SmartForTwo, Scionor “micro-cars” provided such vehicle is registered as a motor vehicle with the CaliforniaDepartment of Motor Vehicles and has a width of 67 inches or less, as measured from thewidest part of the vehicle, but not including mirrors or door handles and a length no greaterthan 120.1 inches.

City Staff have determined that vehicles that exceed the permitted length were previouslypermitted for a myriad of reason, including, but not limited to:

Page 47: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

- Rental operators sold oversized autoettes that were approved as commercial vehiclesor had a full size sticker to residents.

- City Staff misinterpreted the vehicle code. (Measuring only the body of the autoetteversus the full length — “bumper to bumper” — or confusing gas autoettes for “Low-Speed Vehicles/Neighborhood Electric Vehicles” as described in the AMC.)

- Vehicles were approved as they met the AMC, but later modified to include a rear step,additional row of seats or extended bumper.

City Staff is requesting direction from the City Council in how to best proceed with vehicles thatdo not meet the requirements as outlined in the AMC.

Potential solutions include:1. Amend the AMC to redefine the length of an autoette. (greater than 120 inches)2. Prohibit sales and any new permits for autoettes that exceed the maximum length as

defined in the AMC. Allow autoettes currently on the island that exceed the maximumlengths as defined in the AMC to remain; however, prohibit sale of the vehicle to anotherowner. Once the vehicle exceeds its useful life with its current owner, it will be required tobe removed from the Island.

I, If the total length approved by the AMC is not amended, Staff note this directionwill create an unrealistic administrative burden as monitoring the possession andpotential resale of 265 autoettes is not feasible.

3. Maintain the AMC definition of autoette and require all autoettes that do not qualify for the“Low-Speed Vehicle/Neighborhood Electric Vehicles” length exemption to be removed orotherwise be deemed illegal under the AMC autoette definition.

City Staff recommend redefining the length of an autoette to 130 inches. This solution willaddress 90% of the autoettes that do not currently conform to the AMC.

If the City Council decides to amend the AMC, City Staff will bring a revised ordinance back tothe City Council for a first reading on May 4, 2021. A second reading of the ordinance wouldtake place on May 16, 2021. The ordinance would not go into effect until 30 days later. The 18individuals that have received the special temporary permits have valid permits until next yearand would therefore have 7 months to determine how to proceed without penalty.

FISCAL IMPACTS: Undetermined.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: City Staff will notknow how to proceed with vehicle registration.

FOLLOW UP ACTION: Implement City Council direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.

ATTACHMENT:- February 16, 2021 City Council Minutes- Oversized Autoette List- AMC Vehicle Code Sections:

o 4-4.1705o 4-4.1717

- California Department of Motor Vehicle Code:

Page 48: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

o 385.5o 49 CFR 571.500.o 21115o 21115.1(a)

Page 49: AGENDA BY GOVERNOR NEWSOM Due to the evolving situation

CITY COUNCIL MINUTESFEBRUARY 16, 2021PAGE 2

GENERAL BUSINESS

5. Operation of the Avalon Fuel Dock FacilityAuthorized the City Manager to negotiate and execute an agreement with Dion & Sonsfor the operation of the Avalon Fuel Dock Facility — including construction and operationof a restaurant and that the City Council waive any irregularities in the proposal.Motion to approve made by Cinde Cassidy, seconded by Michael Ponce. (4 AyesMarshall, Cassidy, Lavelle and Ponce, 1 Absent-De La Rosa)

6. Discussion Regarding Autoette Vehicle Lengths and Avalon Municipal CodeCity Council directed Staff to proceed with the following:1. Allow autoettes currently on the Island to receive a special” temporary permits for a

period of one year while the City determines exactly how many vehicles do not meetthe current autoette definition or qualify for the “Low-Speed Vehicle/NeighborhoodElectric Vehicles” length exemption. Continue gathering data and making aninformed analysis, and return to City Council for next steps.

2. To not allow any new temporary permits be authorized for vehicles exceeding thelength requirement as outlined in the AMC. “New permits” would be defined asautoettes not previously registered to the City of Avalon.

3. To not allow resale of Limo autoettes from commercial entities to residents.4. To not allow Limo autoettes to be registered with the City if the vehicle was

purchased after February 16, 2021.Motion was made to approve by Michael Ponce, seconded by Yesenia De La Rosa.(All Ayes)

7. First Reading of an Ordinance Amending Accessory Dwelling Unit RegulationsIntroduced and waived all further readings of an ordinance of the City of Avalonamending Article 6 of Chapter 5 of Title 9, Planning and Zoning, of the Avalon MunicipalCode, to ensure Accessory Dwelling Units in Avalon conform with recent State guidanceand provide greater clarity to the public. Motion to approve made by Cinde Cassidy,seconded by Lisa Lavelle. (All Ayes)

8. Appointment of Southern California Association of Governments Regional Conferenceand General Assembly DelegateAdopted Resolution No. 21-05 appointing Mayor Ann H. Marshall the City of Avalonvoting delegate and Mayor Pro Tem Cinde MacGugan-Cassidy as the alternatedelegate for the Annual Southern California Association of Governments RegionalConference and General Assembly in May 2021. Motion to approve made by MichaelPonce, seconded by Lisa Lavelle. (All Ayes)

Mayor Marshall adjourned the meeting at 6:32 p.m.

I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the CityCouncil Meeting on February 16, 2021, is the official record of the Council Meeting and is onfile and maintained in City Hall.

Gabrielle Morones, Deputy City Clerk / Sr. Administrative Assistant

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2021

121”

121”

122”

122”

122”

122”

122”

122”

122’

123”

123”

123”

123”

123”

123”

123”

123”

OVERSIZED AUTOETTES REPORT

Number Make

-‘761 Yamaha

2 Porter

3 Suzuki

4 Yamaha

5 Suzuki

6 Suzuki

7 Yamaha

S Yamaha

9 Yamaha

10 Yamaha

11 Suzuki

12 Yamaha

13 Suzuki

14 Yamaha

15 Yamaha

16 Suzuki

17 Yamaha

18 Yamaha

19 Yamaha

20 Yamaha

123”

123”

123”

21 Yamaha 123”

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22 Yamaha 124”

23 Yamaha 124’

24 Yamaha 124”

25 Yamaha 124”

26 Yamaha 124”

27 Yamaha 124”

28 Yamaha 124”

29 Yamaha 124”

30 Yamaha 124”

31 Yamaha 124”

32 Yamaha 124”

33 Yamaha 124”

34 Yamaha 124

35 EZGO 124”

36 Suzuki 124”

37 Yamaha 124”

38 EZGO 124”

39 Club 124”

40 Yamaha 124”

41 Yamaha 124”

42 Yamaha 124”

43 Yamaha 124”

44 Yamaha 124”

45 Yamaha 124”

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46 Suzuki 224”

47 Yamaha 124”

48 Yamaha 124”

49 Suzuki 124”

50 Suzuki 124

51 Yamaha 125”

52 Yamaha 125”

53 Yamaha 125’

54 Yamaha 125”

55 Yamaha 125”

56 Yamaha 125’

57 Yamaha 125”

58 Yamaha 125”

59 Suzuki 125”

60 Yamaha 125”

61 Yamaha 125”

62 Yamaha 125”

63 Club car 126”

64 Yamaha 126”

65 Yamaha 126”

66 Yamaha 126”

67 Yamaha 126”

68 Yamaha 126”

69 Yamaha 126”

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70 Yamaha 126

71 Yamaha 126”

72 EZGO 126”

73 Yamaha 126”

74 Yamaha 126”

75 Yamaha 126”

76 Yamaha 126”

77 Yamaha 126”

78 Yamaha 126”

79 Yamaha 126”

80 Yamaha 126”

81 Yamaha 126”

82 Yamaha 126’

83 Yamaha 126”

84 Yamaha 126”

85 Yamaha 126”

86 Yamaha 126”

87 Yamaha 126”

88 Yamaha 126’

89 Yamaha 126”

90 Yamaha 126”

91 Yamaha 126”

92 Yamaha 126”

93 Yamaha 126”

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94 Yamaha 126’

95 Yamaha 126”

96 Yamaha 126”

97 Yamaha 126”

98 Yamaha 126”

99 Yamaha 126”

100 Yamaha 126”

101 Yamaha 127”

102 Yamaha 127”

103 Yamaha 127”

104 Yamaha 127”

105 Yamaha 127”

106 Yamaha 127”

107 Yamaha 127”

108 Yamaha 127

109 Yamaha 127”

110 Yamaha 127”

111 Yamaha 127”

112 Yamaha 127’

113 Yamaha 127”

114 EZGO 127”

115 Yamaha 1271

116 Yamaha 127”

117 Yamaha 127”

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118 Yamaha 127’

119 Yamaha 127”

120 Yamaha 127

121 Yamaha 127”

122 Yamaha 127”

123 Yamaha 127”

124 Yamaha 128”

125 Yamaha 128”

126 Yamaha 128”

127 Yamaha 128”

128 Yamaha 128”

129 Yamaha 128”

130 Yamaha 128”

131 Yamaha 128”

132 EZGO 128”

133 Yamaha 128”

134 Yamaha 128”

135 Yamaha 128”

136 Yamaha 128”

137 Diahatsu 128”

138 Club 128”

139 Yamaha 128”

140 Yamaha 128”

141 Yamaha 128”

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142 club car 128”

143 Yamaha 128

144 EZGO 128”

145 Yamaha 128”

146 Yamaha 128”

147 Yamaha 128”

148 Yamaha 128”

149 Yamaha 128”

150 Yamaha 128”

151 Yamaha 129”

152 Yamaha 129”

153 Yamaha 129”

154 Yamaha 129”

155 Yamaha 129”

156 Yamaha 229”

157 Yamaha 130”

158 Yamaha 130”

159 Yamaha 130”

160 Gem 130”

161 Yamaha 130”

162 Yamaha 131”

163 Yamaha 132”

164 Yamaha 133”

165 Yamaha 134”

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266 Club car 134”

167 EZGO 134”

168 Yamaha 23411

269 Club 136”

170 Club car 137”

171 Yamaha 137”

172 Yamaha 138”

173 KIA 138”

274 EVE 138”

175 Yamaha 138”

176 Yamaha 140”

177 Yamaha 140”

178 Yamaha 143”

279 Club Car 143”

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2/1012021 CIty of Avalon, CA Ecode36O

City of Avalon. CAWednesday, February IC, 2021

Chapter 4-4. Traffic

Article 17. Registration of Vehicles

§ 4-4.1705. Maximum Length and Width.

[ 2, Ord. 653, eff. January 4, 1990; as amended by § 14, Ord. 926-96, eff. March 7, 1996; § 4, Ord.962-99, eff. June 3, 1999; § 1, Ord. 983-00 off. September 14, 2000; § 1, Ord. 986-00, off. October 19,2000; Ord. 1007-02, eff. October 17, 2002; § 1, Ord. 1067-08, eff. April 3,2008; § 1, Ord. 1096-10, eff.July 1,2010; § 2, Ord. U-1151-16, eff. December 20, 2016]Except as otherwise set forth below or unless the applicant demonstrates and the Hearing Officerfinds, for non-autoette permits only, that (1) the weight, length, width and nature of a vehicle isnecessary for the proposed use, (2) a smaller vehicle cannot satisfy the applicants trarsportationrequirements, and (3) the vehicle will not have a deleterious impact on traffic congestion, traffic safety,parking, and noise, no vehicle permit for any vehicle authorized by § 4-4.1703 shall be issued nortransferred pursuant to § 4-4.1707, unless the vehicle satisfies the following size limitations:

(a) No full-sized vehicle shall exceed 200 inches in length, inckiding front and ear bumpers or 80inches in width as measured from the widest part of the vehicle, including but not limited to,mirrors and door handles;

(b) Except as specified in subsection (1) and (2) below, an autoette permit shall not he issued for anyvehicle that exceeds 55 inches in width, as measured from the widest part of the autoette.

(1) An autoette permit may be issued to an otherwise qualified person for an electric-poweredautoette that meets the definition of “Low-Speed Vehicle/Neighborhood Electric Vehicle” asdefined in either California Vehicle Code § 385.5 or 49 CFR 571.500 as it existed on January1,2010, provided such vehicle is registered with the California Department of Motor Vehicles,has a length of 1 38 inches or less, including front and rear bumpers, and a width of 67 inchesor less, as measured from the widest part of the vehicle, but not including mirrors or doorhandles.”

(2) An autoette permit may be issued to an otherwise qualified person for a SmartforTwo, Scionor “micro-cars” provided such vehicle is registered as a motor vehicle with the CaliforniaDepartment of Motor Vehicles and has a width of 67 inches or less, as measured from thewidest part of the vehicle, but not including mirrors or door handles and a length no greaterthan 120.1 inches.

The foregoing shall not apply to any full-sized vehicle that exceeds the maximum length or widthfor which a resident vehicle permit (blue sticker) was issued as of January 1, 1989, and shaH notprevent renewal of such permits provided that the vehicle remains in the ownership andpossession of the permit holder of record as of that date; nor shall it apply to any full-sized vehicleor autoette which exceeds the maximum width for which a vehicle permit was issued pror to June1, 1999, and shall not prevent renewal of such permits provided that the vehicle remains in theownership and possession of the permit holder of record as of that date.All measurements specified above shall be based on the vehicle as originally equipped by themanufacturer pursuant to the requirements of California Vehicle Code § 28001. No vehicle thatexceeds the length limitation specified above for which a resident vehicle permit or autoette

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211012021 City of Avalon, CAEcode36O

permit, as applicable, was first issued after April 18, 1989 shall be parked on public streetsbetween the hours of midnight and 6:00 am. No vehicle that exceeds the width limitation specifiedabove for which a residence vehicle permit or autoette permit, as applicable, was first issued afterJune 5, 1999, shaH be parked on public streets between the hours of midnight and 6:00 am.

§ 4-4.1714. Definitions.

[ 2, Ord. 857, eff. June 14, 1990; § 2, Ord. 894-U-93, eff. March 23, 1993; § 2, Ord. 895-93, eff. May6, 1993; § 20, Ord. 926-96, eff. March 7, 1996; § 3, Ord. 962-99, eff. June 3, 1999; § 1, Ord. 976-00,eff. March 17, 2000; § 1, Ord. 982-00, eff. August 10, 2000; § 1, Ord. 990-01, eff. February 1,2001;§ 2, Ord. 1055-07, eff. April 19, 2007; § 2, Ord. 1096-10, eff. July 1,2010]The following words and phrases shall have the following meanings when used in this article:

(a) AUTOETTE — Shall mean any of the following: (1) a motor vehicle having three or more wheels incontact with the ground, an unladen weight of no more than 1,800 pounds and an overall length ofno greater than 120 inches including the front and back bumpers, without regard to classificationor designation of such vehicle by the Department of Motor Vehicles, but shall not include anymotor vehicle that is an “all-terrain vehicle” as defined in California Vehicle Code § 111 or (2) avehicle that qualifies for an autoette permit pursuant to the exceptions set forth in § 4-4.1705.Holders as of February 1, 2007 of a residential autoette permit issued for use of a motor vehiclewhich falls within the definition of “all-terrain vehicle” as set forth in California Vehicle Code § 111shall be entitled to renew the permit provided such vehicle is and continues to be registered withthe Department of Motor Vehicles for use on public streets; however, these permits shall not betransferable, and purchasers or assignees of the vehicle shall have no right or entitlement to aresidential autoette permit for the all-terrain vehicle. The method of measurement of autoettesshall be performed by the Vehicle Clerk in accordance with polices adopted by the Cily Council.The provisions of § 4-4.1705 regulating the width of autoettes shall also apply. Autoettes whichexceed the length limitation specified herein that were permitted by the City prior to November 7,1995 shall be exempt from the length limitations set forth herein. The exemptions shall apply tothe autoette, regardless of ownership transfers. Vehicles classified as motorcycles by theDepartment of Motor Vehicles which would be classified as “autoettes” hereunder but were issueda permit by the City prior to February 1, 2000, including a temporary permit pursuant to § 4-4.1703(d), shall be subject to the definitions and rules for “autoettes” upon the transfer ofownership of the vehicles.

(b) RESIDENT — Shall mean any person who maintains a principal place of residence within theboundaries specified in any provision under this article and who lives in such residence on morethan a temporary, occasional or transient basis. Any person who spends in the aggregate morethan nine months of any twelve-month period within the boundaries specified in any provisionunder this article shall be presumed to be a resident thereof. However, this presumption may beovercome by proof that the person is within the boundaries specified in this article only for atemporary, transient, or occasional purpose even though the length of time during which theperson is within the specified boundaries is greater than nine months.

(c) PRINCIPAL PLACE OF RESIDENCE — Shall mean the place where a person resides when notcalled elsewhere for labor or some other temporary or special purpose and to which one returnsand remains. When a person is called elsewhere for labor or some other temporary or specialpurpose, no one other than persons residing at the permit holder’s principal place of residenceshall use the permitted vehicle. Violations of this provision shall result in revocation of the permitpursuant to the procedures specified herein.

(1) The following are evidence of principal residency:

a. Voter registration at the residence address;

b. Homeowner or renter tax exemption or homestead declaration taken at the residenceaddress;

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2/10/2021 City oF Avalori, CA Ecode36O

(2) The following are further evidence of principal residency in the City:

a. Full-time employment in the City or its immediate environs (in the case of ResidentVehicle Permits);

b. Attendance of minor dependents at a primary or secondary school in the City; and,

c. Declaration of residence in the City on tax returns or other official docurents necessaryto obtain a license, benefit or other privilege.

(d) HOUSEHOLD — Shall mean all persons residing in a dwelling unit.

(e) OWNERSHIP OF PROPERTY — Shall mean a recorded interest in real property that consists oftitle, whether legal or equitable, held solely or jointly with others.

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VEHICLE CODE -VEHDIVISION 1. WORDS AND PHRASES DEFINED [100- 6813

(Division I (‘huLled hi ,Srutc. 1(159. (7,. 3.

385.5.(a) A “low-speed vehicle” is a motor vehicle that meets all of the followingrequirements:

(1) Has four wheels.

(2) Can attain a speed, in one mile, of more than 20 miles per hour and not morethan 25 miles per hour, on a paved level surface.

(3) Has a gross vehicle weight rating of less than 3,000 pounds.

(b) (1) For the purposes of this section, a “low-speed vehicle” is not a qolf cart,except when operated pursuant to Section 21115 or 21115.1.

(2) A “low-speed vehicle” is also known as a “neighborhood electric vehicle.”

(.1n,eneled h Stoic. 2(106. ( Vi 66 cc. I. LfIecteic lid 11. 2006.)

§ 571.500 Standard No. 500; Low-speed hack.Si. Scope. This standard specifies jguirements for low-speed vehicles.

52. Purpose. The purpose of this standard is to ensure that i-e.ivehicles operated on the public streets, roads, and highways are equippedwith the minimum motor vehicle equipment appropriate for motor vehiclesafety.

S3. Applicability. This standard applies to low-speed vehics.

54. [Reserved]

55. Requirements.

(a) When tested in accordance with test conditions in 56 and testprocedures in Si, the maximum speed attainable in 1.6 km (1 mile) byeach low-speed vehicle shall not more than 40 kilometers per hour (25 milesper hour).

(b) Each low-speed vehicle shall be equipped with:

(1) Headlamps,

(2) Front and rear turn signal lamps,

(3) Tailtamps,

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(4) Stop lamps,

(5) Reflex reflectors: one red on each side as far to the rear aspracticable, and one red on the rear,

(6) An exterior mirror mounted on the driver’s side of the vehicle andeither an exterior mirror mounted on the oassenuers side of the vehicle oran interior mirror,

(7) A parking brjc,

(8) A windshield that conforms to the Federal motor vehicle safetystandard on glazing materials (49_CFR571.205).

(9) A VIN that conforms to the requirements of part 565 VehicleIdentification Number of this chapter, and

(10) A Type 1 or Type 2 seat belt assemjy conforming to Sc2 LLZ2D2 ofthis part, Federal Motor Vehicle Safety Standard No. 209, Seat beltassemblies, installed at each designated sn osiUon.

(11) kcLL-s2c4vehicles shall comply with the rearvisibility guirements specified in paragraphs 56.2 of FMVSS No. iii.

(12) An alert sound as required by 571.141.

56. General test conditions. Each vehicle must meel: the performance limitspecified in S5(a) under the following test conditions.

56.1. Ambient conditions.

S6.1.1. Ambient temperature. The ambnt temperature is any temperaturebetween 0 °C (32 °F) and 40 °C (104 °F).

56.1.2. Wind speed. The wind speed is not greater t:han S m/s (11.2 mph).

56.2. Road test surface.

56.2.1. Pavement friction. Unless otherwise specified, the road test surfaceproduces a peak friction coefficient (PFC) of 0.9 when measured using astandard reference test tire that meets the specifications of AmericanSociety for Testing and Materials (ASTM) E1136, “Standard Specification hrA Radial Standard Reference Test Tire,” in accordance with ASTM Method E1337-90, “Standard Test Method for Determining Longitudinal Peak BrakingCoefficient of Paved Surfaces Using a Standard Reference Test Tire,” at aspeed of 64.4 km/h (40.0 mph), without water delivery (incorporated byreference; see 49 JR 571.5).

56.2.2. Gradient. The test surface has not more than a 1 percent gradient inthe direction of testing and not more than a 2 percent gradient: perpendicularto the direction of testing.

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S6.2.3. Lane width. The lane width is not less than 3.5 m (11.5 ft).

S6.3. Vehicle conditions.

S6.3.1. The test weight for maximum speed is ui-loaded_vehicle vqJgj-t plusa mass of 78 kg (170 pounds), including driver and instrumentation.

S6.3.2. No jtment, repair or replacement of any component is allov:iedafter the start of the first performance test.

S6.3.3. Tire inflation pressure. Cold inflation pressure is not more than themaximum permissible pressure molded on the tire sidewall.

S6.3.4. Break-in. The vehicle completes the manufacturers recommendedbreak-in agenda as a minimum condition prior to beginning the performancetests.

S6.3.5. Vehicle openings. All vehicle openings (doors, windows, hood,trunk, convertible top, cargo doors, etc.) are closed except as required forinstrumentation purposes.

56.3.6. Battery powered vehicles. Prior to beginning the performance tests,propulsion batteries are at the state oE charge recommended by themanufacturer or, if the manufacturer has made no recomrnenaation, at astate of charge of not less than 95 percent. No further charging of anypropulsion battery is permissible.

S7. Test procedure. Each vehicle must meet the performance limit specifiedin S5(a) under the following test procedure. The maximum speedperformance is determined by measuring the maximum attainable vehiclespeed at any point in a distance of 1.6 km (1.0 mile) from a standing startand repeated in the opposite direction within 30 minutes.

[63 ER 33216, June 17, 1998, as amended at 68 ER 43972, July 25,2003; 79FR 19249, Apr. 7, 2014; 81 FR 50521, Dec. 14, 2016]

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Calitlirnia Codes > Vehicle_Code> Dj\islonll> Chapter 1 > Article 3 > 21115.1

California Vehicle Code 21115.1 — (a)

Notwithstanding Section 21115, a local authority

may, byCurrent as 2020 Clzeckjor updates Other versions

(a) Notwithstanding Section 21115, a local authority may, by ordinance or resolution, establish

crossing zones, for use by golf carts at any time other than during darkness, on any street, other

than a state highway. that has a posted speed limit of45 miles per hour or less and that is

immediately adjacent to a golf course. The crossing zones shall be at an angle of approximately

IJQ degrees to the direction of the roadway. The ordinance or resolution shall not become

effective until submitted to the law enforcement agency having primary jurisdiction over the

street. the law enforcement agency- finds and determines that the conditions pertaining to that

street. with the addition of proper signs. markers, or lighting, or any combination of those, will

permit the establishment of a golf cart crossing with reasonable safety, and the signs. markers, or

lighting specified In the law enforcement agency are in place.

(h) Subdivision (a) does not constitute precedent ihr the operation of golf carts on any street or

highway other than in a crossing zone established pursuant to subdivision (a).

Terms Used In California Vehicle Code 21115.1

• Darkness: is a ny time from one-half hour after sunset to one-half hour before sunrise and any other time

when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a

distance of 1,000 feet. See California \‘} (lw:lL

• golf cart: is a motor vehicle having not less than three wheels in contact with the ground, having an

unladen weight less Ihan 1,300 pounds. which is designed to be and is operated at not more than 15 miles

per hour and designed to carry golf equipment and not more than two persons, including the driver.

See California \‘chidc Code 345

• Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for

purposes of vehicular travel. See Calithmia Vehicle Code 369

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• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists

when two courts have simultaneous responsibility for the same case. (2) The geographic area over which

the court has authority to decide cases.

• low-speed vehicle: is a motor vehicle that meets all of (lie following requirements:

California rehicIe Code 385.5

• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a

court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it

was wrongly decided or that it differed in some significant way.

• Street: is a way or place of whatever nature, publicly maintained and open to the use of the public for

purposes of vehicular travel.

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CITY OF AVALON CITY COUNCIL

MEETING DATE: April 20, 2021 ADENDA ITEM:

_______

ORIGINATING DEP: Administration CITY MANAGER:

_______

PREPARED BY: Devin Hart, Administrative AnalystDenise Radde, City Manager

SUBJECT: Discussion Regarding Potential Ban on Segways

RECOMMENDED ACTION(S): Discuss a potential ban on Segways. Provide direction to Staff.

REPORT SUMMARY: This item appears on the agenda at the request of a member of the CityCouncil.

At this time there are no commercial Segway operations within the City of Avalon. A singlecommercial operation provided guided Segway tours from March 4, 2008 to 2014. Thebusiness was sold and transportation permit was transferred in 2014. The second businessoperated until 2018 and cited issues regarding safety and maintenance as reasons for ceasingoperations.

More than 20 cities have banned Segways or other similar hybrid personal vehicle or scooters.In 2003 San Francisco banned Segways outright. On June 20, 2014 the City of Los Angelesbanned Segways along the Venice Beach Boardwalk. The ban exempted peace officers orpersons with disabilities. On August 29, 2018 the City of Santa Monica banned electricscooters. e-bikes and Segways on the Santa Monica Bike Path as well as the Santa MonicaPier and other municipal parks.

Production of Segways ended on July 15, 2020.

If a commercial operator would like to revive a Segway business, they would be required tohave a transportation permit approved by the City Council.

If the City Council would like to ban Segways, City Staff will prepare an ordinance to bebrought back for consideration.

FISCAL IMPACTS: Undetermined.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Undetermined.

FOLLOW UP ACTION: Implement City Council direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.

ATTACHMENT: None.