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The Catalina Islander
Avalon, California
March 30, 2012     The Catalina Islander
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March 30, 2012

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Seniors From page 1 lunch program," said Zella LeSieur, -who directs the Meals on Wheels program. "At the Singing Waters location, we have more accessibil- ity and are starting out utilizing it Monday through Friday from 11 a.m. to 3 p.m. in order to offer a gathering place and added activi- ties for our Senior Community." Currently, Meals on Wheels is the non-profit arm of the senior cen- ter project. The program needs ev- erything from game boards, DVD's for seniors, playing cards, and other general supplies to begin with. In time, the program will seek techni- cal items such as computers. The city of Avalon has subsi- dized the Meals on Wheels pro- gram. Citizens 55 or older can have a lunch for $3 from local res- taurants in the program People under the age of 55 may also order the Meals on Wheels for $6 each. "Sean Brannock, who is the direc- tor of the city of Avalon Parks and Recreation Department, has facili- tated this program for many years. Without his assistance, the program would not survive," LeSieur said. LeSieur and Cummings recently met with' Singing Waters Pastor Enrique Dominguez to explore the possibility of using this facility. LeSieur said Singing Waters has a single serve coffee machine they are making available for se- niors that has a large variety of . coffee, de-caffeinated variations, and teas that will only cost $1. Islanders Hal and Betty Franks have become involved in the ongo- - ing program at Beacon Hill. On Mondays and Fridays, Hal leads Bingo games after the lunch and will continue to do so at the Sing- ing Waters location. "We're ex- pecting to have an increase in se- and social activities at the new location," Hal said. "I'm Meals on Wheels : P.O. Box 2228: Photos show exterior and courtyard of the all for developing more resources Avalon, CA 90704. If you have the Singing Waters church, which is the new 10ca- for our senior community." ability to donate time or talent, ti0n of the Senior Center. Photos by Theresa . nyone who wants to donate call LeSieur at (310) 510-9141 or Cummings money may send their checks to: Cummings at (310) 245-6275. :, nicipal Code and "golf cart;' has the same Section 7. The City Council hereby enacts definition of a golf'cart in:the:California Ve- this urgency ordinance by not less than a hicle Code. four-fifths vote, and in light of the findings Section 3. The purpose of this urgency ordi- " set forth in the above-sections, underthe au- nance is to establish a moratorium on the is- thority granted to it by sectic)n- 36937(b) of suance of any new autoette/golf cart permits the California Government Code. The Cit3/ to owners of mixed use properties, proper- Council hereby directs staff and the City At- ties with four or more separate dwelling torney to consider and study the Code and units, residences ~ rooms, hotels, motels to propose regulations for the future issu- and time so as that the Avalon City Council can study the issue, resolve any uncertainty, and develop and clarify guidelines for the issu- ance of autoette/golf cart permits to owners of mixed use properties, properties with four WHEREAS, Mr. Malan contends the City can immediately issue permits while the City contends that if any permit can be granted to Mr. Malan for Mr. Malan's hotel, such a permit could only be granted after a public hearing and then only pursuant to the crite- ria specified in the Code; and " WHEREAS, given the City's and Mr rVlalan's differing interpretation of the Code and the issues raised by Mr~ Malan -- whether an autoette/golf.cart may be obtained by an owner of a mixed-use properties, properties with four or more separate dwelling units, residences or rooms, hotels, motels and lodgings for each unit for transient use -- it is appropriate for the City to review the Code and determine whether the City would like to amend the rules for autoettes/golf carts for owners of such properties; and WHEREAS, if all owners of mixed-use prop- erties, properties with four or more separate dwelling units, residences or rooms, hotels, motels and lodgings all applied for and re- ceived autoette/golf cart permits for each unit, insuffic?ent space in the City would exist for such autoettes/golf carts, especially giv- en the limited parking. Furthermore, traffic is already congested during times when visi- tors frequent the City and adding additional autoettes/golf carts would increase the traf- fic and congestion, damaging the quality of life, and endangering the public health of Cityresidents and visitors; and WHEREAS, California Government Code Section 36937(b) authorizes the City Council to adopt by a four-fifths vote an urgency:ordi- nance, effective immediately upon passage, if the ordinance relates to the "immediate preservation of the public peace, health or safety" and such ordinance contains a decla- ration of {he facts constituting the urgency. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES ORDAIN AS FOLLOWS: Section 1. The recitals set forth above are hereby adopted as the findings of fact of the City Council in connecl~ion with the adoption Of this ordinance. In addition to the recitals stated above, the City Council hereby finds and determines that the dispute regarding the autoette/golf cart permitting for mixed use properties, properties with four or more separate dwelling units, residences or rooms, hotels, motels and lodgings constitutes an immediate threat to the preservation of pub- lic peace, health, and safety. The adoption of this ordinance is necessary for the imme- diate protection of the public peace, health and safety. Section 2-As used in this ordinance, "au- toette" has the same definition of autoette as found in Title 4 of the City of Avalon Mu- lodgings, in order to provide adequate ance of autoette/golf cart permits to owners ORDINANCE NO. U-1112-12 or more separate dwelling units, residences AN URGENCY ORDINANCE OF THE CiTY or rooms, hotels, motels and lodgings and OF AVALON ESTABLISHING A MORA~rORI- draft lawsto enable autoette/golf cart per- UM ON THE ISSUANCE OF AUTOETrE PER- mits to be issued when appropriate, taking MI1"$ TO OWNERS OF MIXED-USE PROPER- into consideration traffic, parking, ano noise TIES, PROPERTIES WITH FOUR OR MORE which impact the public peace, health and SEPARATE DWELLING UNITS, RESIDENCES safety. OR ROOMS, HOTELS, MOTELS AND LODG- Section 4. Such a moratorium is immediately INGS, PURSUANT TO GOVERNMENT CODE necessary for the preservation of the peace, SECTION 36937(b) public health and safety of the residents- of the City because: WHEREAS, California Vehicle Code Section (a) a City resident and owner of a mixed- 21100.5 grants the City broad powers to used hotel, motel, and/or lodging establish- regulate the size, number, classes and noises ment has indicated his desire to seek up to of vehicles using City streets; and thirty-two permits for autoettes/golf carts for WHEREAS, Avalon Municipal Code ("Code") hotel rooms/dwelling units in the immediate section 4-4.1703(g) provides that "[one] au- future, and toette permit may be granted per dwelling (b) the proliferation of autoettes/golf carts unit . . ." and "the owne~ [of the dwelling in the City in a way that is contrary to the unit] may make available an autoette bear- original intent of the autoette/golf cart per- ing the permit to transient and nontransient mit ordinance poses a public peace, health, occupants of the unit "; and and safety risk in that an over-abundance of WHEREAS, a "dwelling unit" is defined in autoettes/golf carts creates street conges- the Code as ';one or more habitable rooms tion; noise pollution, traffic hazards, a dearth which are intended or designed to be oc- of parking, and visual blight. cupied by one family with facilities for liv- Section 5. During the time this ordinance is in ing and the cooking and/or preparation of effect, no new autoette/golf cart permits shall food"; and be issued to any owners of mixed use prop- WHEREAS, Code section 5-11.03 provides erties, properties with four or more separate that "[a] permit shall be required of the op- dwelling units, residences or rooms, hotels, erator of any hotel, motel, or other lodgings motels and lodgings unless such autoette/ . . who provides or makes available the golf cart is for the owner's personal use. temporary use of a vehicle along with or as Section 6. This moratorium shall not apply to an integrated part of the purchase of Iodg- the renewal of already existing autoette/golf ing"; and cart permits, the issuance of new permits to WHEREAS, Code section 5-11.04 requires persons living in single-family homes, or the the operator of any hotel, motel, or other issuance of new permits to persons living in lodgings who wishes to provide or make multi-unit dwellings wishing to register an available the use of an autoette to those per- autoette/golf cart for their personal use. The sons who stay in that operator's hotel, motel, City Council may also consider, on a case- or c~ther lodgings, to appear before the City by-base basis and with its sole discretion, Council and fulfillvarious criteria; and any application for an autoette/golf cart per- WHEREAS, Mark Malan, owner of the Her- mits otherwise banned by this moratorium mosa Hotel, is demanding that the City of where the applicant can demonstrate that Avalon's ("City's") vehicle clerk issue thirty- the inability to receive an autoette/golf cart two (32) autoette permits for the Hermosa permit during the time this moratorium is in Hotel; and place would be a hardship. of mixed use properties, properties with four or more separate dwelling units, residences or rooms, hotels, motels and lodgings. Section 8. If any provision of this ordinance . or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applica- tions of the ordinance which can be given effect without the invalid provision or appli- cation, and to this end the provisions of this ordinance are severa~ole.- The City Council hereby declares that it would .have adopted this ordinance irrespective of the invalidity of any particular portion thereof Section 9. This ordinance shall become ef- fective immediately upon adoption if ad- opted by at least a four-fifths vote of the City Council. - " Section 10. The City Clerk of:the City of Ava- Ion shall certify the passage and adoption of this Ordinance'and shall: cause the same, or a summary thereof, to be published and/or posted in the manner required by law. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 20th day of March, 2012, by t.he following vote: AYES: Mayor Kennedy, Councilmembers Ponce, Rikalo,'and Winslow NAYS: None ABSENT: None ABSTAIN: Councilmernber Morrow ATTESt: r-. :, Denise Radde, City Clerk 4 1 Friday, March 30, 2012 11114iE CATAUNA ISLANDER