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HomeMy WebLinkAboutOrdinance 3742 Amending Chapter 10.44 Regarding Recreational _ ,D,4� PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) CITY OF' HUNTINGTON BEACH I am a Citizen of the United States and a ' L ' ORDINAANCE NCE NO.3742 -resident of the ColJnfiy aforesaid; I am Adapted by the city Council on JULY 17, 2006 over the age of eighteen years, and not a ORDINANCE AN ORDINANCE OF THE HUNTINGTON- party to or interested in the below entitled rCITY C AMENDING BEACH AMENDING matter. I am a principal clerk of the CHAPTER HUNTIN GTTONON OF THE OF MUNICIPAL CODE HUNTINGTON BEACH INDEPENDENT RELATING TO PARKING I TIME LIMITS" SYNOPSIS:' a newspaper of general circulation, ON MAY 1, 2006, THE CITY. COUNCIL ADOPTED printed and published in the City of ORDINANCE NO." 3735 AMENDING CHAPTER Huntington Beach, County of Orange, 10.44 OF THE HUNTING- 4ON BEACH.MUNICIPAL State of -California and that attached CODE RELATING TO RE' CREATIONAL VEHICLE PARKING TIME' LIMITS. Notice is a true and complete copy as THE ORDINANCE PASSED BY THE COUNCIL DID was printed and published in the NOT INCLUDE A LIMIT ON THE MAXIMUM NUM- Huntington Beach issue of said BER OF DAYS PER YEAR THAT A RECREATIONAL newspaper to Tit th Issue(s) oi. VEHICLE COULD BE PARKED -ON THE STREET. THIS , ORDI- NANCE CHANGES THE MAXIMUM NUMBER OF DAYS PER YEAR THAT A RECREATIONAL VEHICLE CAN BE PARKED ON THE STREET FROM ONE HUN- DRED_NINETY-TWO(192) TO ONE.-HUNDRED JULY 2 7, 2 O O 6 I FORTY-FOUR(144). COPIES OF THIS ORDI- NANCE ARE AVAILABLE IN..THE CITY CLERK'S OFFICE. PASSEDAND ADOPTED by the City Council of the City of'Huntington Beach at a regular meet- declare, under penalty of perjury, that ing held July,17,2006 by the following roll call the.foregoing is true and correct. vote: AYES: .Bohr, Coerper, Sullivan,Cook NOES: Green,Hardy, II Hansen Executed on JULY 2 7 2 0 0 6 ABSENT: None This ordinance is ef- fective. 30 days after at Costa Mesa, California. adoption. �.CITY OF HUNTINGTON BEACH . 2000 MAIN STREET HUNTINGTON BEACH; CA 92648 ' 714-536-5227 L. Signature I JOCITY CLERKN, Published Huntington Beach Independent July L_7;2006' 073-492 Ale&odeha YJ Cou/ci �gC MeetilHeld: 6 yy AQyoYE°.� 7a Sew cA vore ro � ob De el`redi%totlnued to; ` Ay r ved ❑ Conditionally Approved ❑ Denied ity r 's gnature Council Meeting Date: 6/5/2006 Department ID Number: CA 07-17 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL MEMBERS SUBMITTED BY: JENNIFER MCGRA ty Attorney PREPARED BY: JENNIFER MCGRAIt ty Attorney SUBJECT: Adopt Ordinance No. .314� Amending Chapter 10.44 Regarding Recreational Vehicle Parking Limitations Statement of Issue;Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The H Item presented to City Council at the May 15, 2006 meeting submitted a motion to reconsider Ordinance No. 3735. Ordinance No. 3735 was approved for first reading at the May 1, 2006 City Council meeting. A copy of Ordinance No. 3735 is attached as Attachment 3. The Motion to Reconsider and the subsequent vote on Ordinance No. 3735 were out of order as they were not agendized at the next regular meeting which occurred on May 3, 2006. Funding Source: Not applicable. Recommended Action: Motion to adopt Ordinance No. Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking Limitations. Alternative Action(s): Do not adopt Ordinance No. Analysis: A regular meeting was held on May 3, 2006, which would have been the appropriate time for the Motion to Reconsider. Therefore, Ordinance No. 3735 adopted at the May 1, 2006 City Council meeting will become effective on May 30, 2006. Based on the City Council action, I am placing Ordinance No. 5740, considered on May 15, 2006 on the agenda for first reading. The second reading of this ordinance will take place on June 19, 2006, and will become effective on July 19, 2006. 2451 7 REQUEST FOR ACTION MEETING DATE: 6/5/2006 DEPARTMENT ID NUMBER:CA 07-17 Environmental Status: N/A Attachment(s): City Clerk's Page Number No. Description 1. Ordinance No. An Ordinance of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking Time Limits 2. Legislative Draft of Chapter 10.44 3. Ordinance No. 3735 \\nas1\Attorney\ProLaw_Live\Forms\2451.doc -2- 5/26/2006 8:52 AM ATTACHMENT NO . 1 ', ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PARKING TIME LIMITS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 10.44.065,subsection (a), of the Huntington Beach Municipal Code is hereby amended to read as follows: (a) Recreational vehicles as defined in Section 10.44.060, or unattached boat or personal water craft trailer, parked for the purpose of loading, or other short term use, provided that a permit has been issued in advance by the Chief of Police. A permit may be issued for loading, unloading, or other short-term use not to exceed twenty-four hours,provided that: (3699-04/05) 1. no more than sixteen(16)such periods are allowed in a calendar month; and (3699-04/05) 2. no more than eight days consecutively;and (3699-04/05) 3. no more than one hundred forty-four days in any twelve(12)month period. Such parking shall be limited to the area in front of the residence from which the loading or unloading will occur, or in reasonable proximity thereto if the front of the residence is not available for parking. (3699-04/05) SECTION 2. Chapter 10.44 is hereby amended by adding Section 10.44.067, said section to read as follows: 10.44.067 Street Sweeping-compliance. All recreational vehicle permit holders shall comply with the City of Huntington Beach street sweeping parking regulations pursuant to Chapter 10.40 of the Huntington Beach Municipal Code and as thereafter amended SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1 7th day of July ,200 6. Mayor ATTEST: INITIATED AND ,APPROVED AS TO FORM: rIEWED C jj"__CityAttorney AND APPROVED: /' City 4ldministrator 2056 Ord. No. 3742 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 5th day of June,2006,and was again read to said City Council at a regular meeting thereof held on the 17th day of July,2006, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Coerper, Sullivan, Cook NOES: Green, Hardy, Hansen ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on July 27,2006. In accordance with the City Charter of said City Joan L. Flynn,City Clerk Cif Jerk and ex-officio k Deputy City Clerk of the City Council of the City of Huntington Beach,California ATTACHMENT NO . 2 Ordinance No LEGISLATIVE DRAFT Chapter 10.44 PARKING--TIME LIMITS (255-2/33,276-11/25,322-1/29,373-7/34,533-7/48,566-11/50, 1155-8/65, 1935-11/74,21 1 5-1 1176,2177-5/77,2276-5/78, 2514-12/81,2644-12/83,2692-7/84,2795-10/85,2855-12/86,3011-9/89,3136-5/92,3257-11/94,3336-12/96,3699-4/05) Sections: 10.44.010 Twenty-four minute maximum 10.44.020 Twelve or twenty-four minutes--Violation 10.44.030 One-hour parking 10.44.040 Two-hour parking 10.44.050 Penalty--Continuing violations 10.44.060 Oversized vehicle parking regulations 10.44.062 Recreational vehicle parking in a residential district-special permits 10.44.065 Exceptions 10.44.067 Street Sweeping-Compliance 10.44.070 Arterial highway oversize vehicle parking regulations 10.44.080 Overnight Parking of Recreational Vehicle in Commercial or Industrial District 10.44.010 Twenty-four minute maximum. Green curb marking shall mean no standing or parking for a period of time longer than twenty-four(24)minutes at any time. (276-11/25, 322-1/29, 533-7/48, 1155-8/65, 3257-11/94) 10.44.020 Twelve or twenty-four minutes--Violation. When authorized signs or curb markings have been determined by the Director of Public Works to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle adjacent to any such legible curb marking or sign in violation thereof. (276-11/25, 322-1/29, 533-7/48, 1155-8/65) 10.44.030 One-hour parking. When authorized signs or curb markings have been determined by the Director of Public Works to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours of 9 a.m. and 6 p.m. of any day except Sundays and holidays for a period of time longer than one hour. (255-2/23, 566-11/50, 1155-8/65) 10.44.040 Two-hour parking. When authorized signs or curb markings have been determined by the Director of Public Works to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park the vehicle between the hours of 9 a.m. and 6 p.m. of any day except Sundays and holidays for a period of time longer than two hours. (322-1/29,373-7/34, 1155-8/65) 10.44.050 Penalty--Continuing violations. Any person violating any provision of this chapter shall, upon a conviction thereof, be guilty of an infraction, and punishable by a fine not to exceed one hundred dollars ($100),provided further that each period of time a vehicle is left parked after the initial violation of such provisions shall be deemed a separate offense, equal to the maximum legal parking time for the particular time zone or parking space as designated in sections setting the maximum legal time. (1155-8/65,2276-5178) 10.44.060 Oversized vehicle parking regulations. Except as herein provided, no person shall park or leave standing upon any public street or highway in a residential district: (3699-04/05) (a) Any motor vehicle over twenty-five (25) feet long measured from the extreme forward point to the extreme rear point, including extensions; legisdrft=10441d altemative I (b) Any motor vehicle, over ninety-six (96)inches wide,measured at its widest point excluding side-view mirrors or similar extensions, designed, used or maintained for the transportation of property; (c) Any motor vehicle, including buses, motor trucks, trailers, semitrailers, trailer coaches, or truck tractors as defined in the Vehicle Code, over ninety-six (96) inches wide, measured at its widest point excluding side-view mirrors or similar extensions, designed, used or maintained for the transportation of property; (d) Any motor vehicle which is designed, used or maintained as farm machinery or a special purpose or equipment machine; (3699-04/05) (e) Any nonmotorized vehicle, such as a semitrailer, trailer,trailer coach, utility trailer, two or more axle camper, or a one-axle camper, which has been detached from its drawing vehicle; or (1935-11/74,2115-11/76,2514-12/81,2855-12/86,3699-04/05) (17 Any"recreational vehicle (RV)", over twenty(20) feet long measured from the extreme forward point to the extreme rear point, including extensions. The term"recreational vehicle (RV)" shall have the same meaning as set forth in California Health and Safety Code Section 18010 or successor statute. (3699-04/05) 10.44.062 Recreational vehicle parking in a residential district-special permits. (a) The Chief of Police may issue a temporary permit for the overnight parking of a recreational vehicle prohibited by 10.44.060 if there is a finding that the vehicle is used on a daily basis and on-premise parking is not reasonably available. A permit issued based on this finding shall not be valid for longer than six months. (3699-04/05) (b) The Chief of Police may issue a temporary permit to persons who demonstrate by way of written statement from a licensed medical doctor, that the recreational vehicle prohibited by 10.44.060 must be kept near a residence for medical reasons. (3699-04/05) 10.44.065 Exceptions. Section 10.44.060 shall not apply to the following: (a) Recreational vehicles as defined in Section 10.44.060, or unattached boat or personal water craft trailer,parked for the purpose of loading, or other short term use, provided that a permit has been issued in advance by the Chief of Police. A permit may be issued for loading, unloading, or other short-term use not to exceed twenty-four hours,provided that: (3699-04/05) 1. no more than sixteen(16) such periods are allowed in a calendar month; and (3699-04/05) 2. no more than eight days consecutively.; and (3699-04/05) 3. no more than one hundred forty-four days in any twelve (12) month period. Such parking shall be limited to the area in front of the residence from which the loading or unloading will occur, or in reasonable proximity thereto if the front of the residence is not available for parking. (3699-04/05) (b) Nothing in this ordinance shall be construed to permit sleeping in a vehicle prohibited by Section 9.54.010 of the Huntington Beach Municipal Code. (3699-04105) (c) A permit may be issued for any oversized motor vehicle parked while used in performing or assisting in performing services or repairs on residential property. The permit will be valid for 45 days and will be renewed only upon proof that the vehicle is continuing to be used in performing the services described herein. (3699-04/05) legisdrft mc10441d alternative 2 (d) Any oversized motor vehicle which is parked for not more than twenty-four(24) consecutive hours to make emergency repairs to such vehicle. Nothing herein shall be construed to permit violation of any restriction on vehicle repair elsewhere in the Huntington Beach Municipal Code. (3699-04/05) (e) Any nonmotorized vehicle, such as a semitrailer, trailer, trailer coach, utility trailer, two or more axle camper, or a one-axle camper which has been detached from its drawing vehicle parked for a period not to exceed four(4)hours in any area other than a residential district. Successive acts of parking within a two-tenths of a mile area shall be presumed to be a single act of parking for purposes of this ordinance. (1935-11/74, 2115-11/76,2514-12/81,2855-12/86, 3699-04/05) (f) Any recreational vehicle parked in reasonable proximity to a park between the hours of 6 a.m. and 9 p.m. (3699-04/05) 10.44.067 Street Sweeping-Compliance. All recreational vehicle permit holders shall comply with the City o untin ton Beach street sweeping Pricing regulations pursuant to Chapter 10.40 of the Huntington Beach Municipal Code and as thereafter amended 10.44.070 Arterial highway oversize vehicle parking regulations. (a) Except as provided in subsection(b) and (c) hereof,no person shall park or leave standing upon any arterial highway between the hours of 9 p.m. and 6 a.m., or for longer than two (2) hours at any other time, any motor vehicle over eighty-four (84) inches high, measured from the surface of the roadway to its highest point, or over eighty-four(84) inches wide, measured from its widest point, excluding side view mirrors or similar extensions on any of the following highways in the City of Huntington Beach: Adams Avenue Edinger Avenue McFadden Avenue Algonquin Street Edwards Street Newland Street Argosy Avenue Ellis Avenue Pacific Coast Highway Atlanta Avenue Garfield Avenue Seventeenth Street Banning Avenue Goldenwest Street Slater Avenue Beach Boulevard Gothard Street Springdale Street Bolsa Avenue Graham Street Talbert Avenue Bolsa Chica Street Hamilton Avenue Ward Street Brookhurst Street Heil Avenue Warner Avenue Bushard Street Indianapolis Avenue Yorktown Avenue Center Avenue Magnolia Street (2177-5/77,2644-12/83,2692-7/84,2795-10/85,2855-12/86,3011-9/89,3336-12/96) (b) In case of emergency, oversize vehicles shall be removed immediately if between the hours of 9 p.m. and 6 a.m., otherwise they may park on the highways listed in this section provided that such vehicles shall be removed within four(4)hours. Emergency parking is defined to mean any vehicle left standing at the roadside because of mechanical breakdown or because of driver's physical incapacity to proceed. (3336-12/96) (c) Notwithstanding the prohibition contained in this section, wherever highway markings clearly indicate legal on-street parking in front of residential property facing any arterial highway set out in subsection(a)hereof, an oversized vehicle may park or stand in front of such residential property for not more than eight (8) consecutive hours to load or unload passengers or property, or to furnish commercial services or repairs to the premises. (3336-12/96) legisdrft meI044Id alternative 3 10.44.080 Overnight Parking of Recreational Vehicle in Commercial or Industrial District. No person shall park or leave a recreational vehicle over twenty(20)feet long measured from the extreme forward point to the extreme rear point, including extensions, in a commercial or industrial district between the hours of 9 p.m. and 6 a.m. (3699-04/05) legisdrft mc10441d alternative 4 ATTACHMENT NO . 3 f • a ORDINANCE NO. 3735 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PARKING TIME LIMITS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 10.44 is hereby amended by adding Section 10.44.067,said section to read as follows: 10.44.067 Street Sweeping Compliance. All recreational vehicle permit Holders shall comply with the City of Huntington Beach street sweeping parking reguia`tioris pursuant to Chapter 10.40 of the Huntington Beach Municipal Code and as thereafter amended SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of May , 200__6_. Mayor ATTEST: APPROVED AS TO FORM: J1n T"rily Ke& City Attorney REVIEWED AND APPROVED: INITIATED AND^APPROVED: 0,� "— Cfl—� J Q City A ministrator Police Chief 06ord/chap 10-44 Ord. No. 3735 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of April,2006,and was again read to said City Council at a regular meeting thereof held on the 1st day of May,2006, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green,Coerper, Hardy, Hansen NOES: Bohr, Sullivan, Cook ABSENT: None ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on May It,2006. In accordance with the City Charter of said City Q6*-9J JgAn L.Flynn,Ci Clerk y Clerk and ex-offici Jerk Deputy city Clerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Adoption of Ordinance No. .57 a Amending Chapter 10.44 of the Huntington Beach Municipal Code COUNCIL MEETING DATE: June 5, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Appiicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorney) Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorne Certificates of Insurance (Approved b the City Attorne Attached. ❑ ( PP y y y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Attached ❑ Bonds (If applicable) Not A licable Attached ❑ Staff Report (If applicable) Not A plicable Commission, Board or Committee Report If applicable) Attached ❑ P ( pp ) Not Applicable z Find in s/Conditions for Approval and/or Denial Attached El g pp Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ) Assistant City Administrator Initial City Administrator Initial [City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: KC �d CITY OF HUNTINGTON BEACH City Council Interoffice Communication N C C C To: Honorable Mayor and City Council Members " M t From: Gil Coerper, Mayor Pro Temp Date: June 13, 2006 Subject: G-ITEM FOR JUNE 19, 2006, CITY COUNCIL MEETING Z ` ADOPT ORDINANCE NO. 3742 AMENDING CHAPTER 10,44 OF— THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PARKING TIME LIMITS FOR RECREATIONAL VEHICLES, UNATTACHED BOAT OR PERSONAL WATER CRAFT TRAILERS STATEMENT OF ISSUE: This matter is scheduled for adoption on June 19, 2006. 1 will be out of the state and cannot attend the June 19, 2006, City Council Meeting. As the maker of the motion to adopt this ordinance upon introduction and as the preparer of the H-Item on May 9, 2006, 1 would ask your support in rescheduling this item until the July 3, 2006, City Council Meeting so that I may be in attendance. Thank you for your consideration. RECOMMENDED ACTION: The City Council reschedule the adoption of Ordinance No. 3742 to the July 3, 2006, City Council meeting. xc: Penny Culbreth-Graft, City Administrator Paul Emery, Deputy City Administrator Bob Hall, Deputy City Administrator Joan Flynn, City Clerk Ken Small, Chief of Police 4WIJ 0 IBC—) 7 Z) P��S�L�-G VO ,-- To 7771� i y / � a006 r LW erg JUM-16-2006 10 :26 AM BOB. POLKOW 714 962 4810 P. 01 16 June 2006 City Council The absence of Councilman Coerper at the 19 June council meeting should not prevent our council from voting and putting to rest the RV ordinance amendment. Any attempt to delay this controversial amendment is a gross disservice and insult to the constituents. Councilman Coerper, with his military experience should well know, as any veteran does, that the first rung on the ladder of orderly command is the realization that no man or woman is indispensable. The freedom of choice RV owners have had curtailed by transient and habitual naysayers should not be further amplified because of the lack of planning by one member of the council. Roberts Rules of Order should be adhered to as well as the constituents are expected to adhere to ordinances adopted by their council representatives. Our country's symbol of justice holds a sword that is symbolically double edged. i. respectively ask that if quorum is noted by our elected city clerk a delay on the RV amendment is out of order and our council should call for a vote. Partiality or preferential treatment is not allowed at the podium so by the same token rigid,and correct parliamentary procedure should be the order on the dais. The difference between the ordinance that has achieved 97% of its intent and the proposed amendment is relatively minor, but does cause further restrictions that will adversely affect some. The RV owners have shown good faith in complying with the RV ordinance for over a'year. Their reward should not be a slap in the face by treating their request in a haphazard cavalier manner. fica4j9WV, 6ceanview Lane, Huntington Beach, Ca 92646-8215 (714)962-4810 Page 1 of 1 Esparza, Patty From: Flynn, Joan Sent: Monday, June 19, 2006 2:07 PM To: Esparza, Patty Subject: FW: Late Communication opposing G-1 F -----Original Message----- From: Norm Westwell [mailto:normw@truwest.com] Sent: Monday, June 19, 2006 1:58 PM To: Flynn, Joan Subject: Late Communication opposing G-IF G-1f. (City Council) Opposition to Ordinance No. 3742 Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking Time Limits for Recreational Vehicles, Unattached Boat or Personal Watercraft Trailers (560.20) - Ordinance No. 3742 - "An Ordinance of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking Time Limits."Approved for Introduction June 5, 2006. Don't tread on me. Leave this ordinance alone at 192 days as it is working just fine. Norm Westwell VP - truWest, Inc. normw@truwest.com www.truwest.com 800.322.3669 6/19/2006 Jun 19 06 04:02p Ellen Lassley 714-960-6334 p.1 June 19,2006 Huntington Beach City Council Members 2000 Main Street Huntington Beach,CA re: 6/19/06 City Council meeting,RV parking law Dear City Council members, We in the La Questa Villas(between Florida/Delaware,Utica/Adams)would like to request that the new law allowing motorhomes to park on city streets for 14 days per month be reviewed and revised,considering these as some of the problems it poses: Potential out-of-towners should not be given preference over homeowners to park their own cars on their own street. We must move our cars at least every 3 days;why wouldn't they need to,also? Isn't it State law that cars be moved every 72 hours? -The size of a motorhome presents a safety hazard in regard to ability to see traffic clearly in both directions. The particular motorhome mentioned below parked just a few feet away from a driveway to a church parking lot,which obscures vision of oncoming traffic and presents a safety hazard for cars trying to exit the lot. Vehicles of this size are better kept in a lot where they are not blocking the view of drivers. -The size of the motorhome parked on a street such as ours also presents a problem in that it takes up more space than a car and does not replace a car,but only adds to the congestion. We have 3 Iarge apartment complexes and a few smaller units in one block of space,none of which seem to have enough parking for their tenants(one local landlord stated that it is not uncommon for each of three bedrooms in their building to contain a car/driver,which exceeds the amount of spaces they they have available on site). -To allow motorhomes to park on residential city streets poses a health hazard. How can the City possibly ensure that liquids and waste are not being dumped onto our city streets? How can they monitor that the motorhome is not being lived and slept in? It is unfair to put us as residents in a position of having to monitor and/or live with such situations. We are having an instance this past week where a family is parking their motorhome on our street who was apparently living in it,as per what one of the daughters stated to a gentleman in our neighborhood. The neighbor told them they could not park here,and he was told they had a permit and were authorized to do so for 2 weeks. One neighbor saw a woman out adjusting a cardboard over a window at 7:30 in the morning,apparently trying to keep the sun out of their eyes,though they are not supposed to be sleeping in it or inhabiting the motorhome 9:00 p.m.to 9:00 a.m.! When a few of the neighbors called in to report this,they were told that the motorhome did,in fact,have a permit to park there until the 30th,only having to move once for the street sweeper. The motorhome pulled out from its spot this morning,and one neighbor complained that it looked as though liquids had been discharged onto the street. When we once again called parking control,we were told that their permit was for a few streets over,and they shouldn't have been here in the fast ply! We would like to object to these types of lengthy permits being issued and lack of supervision of the occupants. This is what motorhome parks and public facilities are made for,where it can be assured that health standards are being maintained and the applicable law is being followed. Please consider revising this new regulation to better situate these travelers. Thank you, Mike and Noelle(Block Captain)Hipke Ellen Lassley La Questa Villa Neighborhood Watch Pedro and Jill Castagna c/o 19440 GoldenWest St. Wendell Pierce �"'' ✓ �. Huntington Beach,CA 92648 Al and Marie Hansen �)vf+ Kathy Farahant Mgr.,Florida St.apartments (4) June 19, 2006 - Council/Agency Agenda - Page 4 Invocation —To be announced by Mayor Led by Reverend Peggy Price, Greater Huntington Beach Interfaith Council Hello and welcome to the Huntington Beach City Council meeting. If you would like to address the Council, please fill out the pink public comment sheet attached to the agenda. After completing the form, hand it to the Sergeant at Arms and he will give it to the City Clerk. As a courtesy to those in attendance, I would ask that cellphones and pagers be turned off or set in their silent mode. Thank you. Pursuant to the Brown (Open Meetings) Act the City Clerk Announces Late Communications Received by Her Office Which Pertain to Items on the Agenda (1) The Brown (Open Meetings) Act requires that copies of late communications submitted by City Councilmembers or City Departments are to be made available to the public at the City Council meeting. (2) Late communications submitted by members of the public are to be made available to the public at the City Clerk's Office the morning after the Council meeting. (Late Communications are communications regarding agenda items that have been received by the City Clerk's office following distribution of the agenda packet.) D-2, E-11, G-1f(3 items) Presentation — Mayor Sullivan to present a commendation to Huntington Beach resident Leslie Flores. Leslie is a fourth grade teacher at Star View Elementary School and was honored with a National Teacher Award from Time Warner Cable. (160.40) Mayor's Award —Mayor Sullivan to call on Fire Chief Duane Olson to present the Mayor's Award to Senior Administrative Analyst Kevin Justen. (160.40) Mayor Sullivan referred Council to tab G-If of the agenda packet, Mayor Pro Tem Coerper's request to reschedule the item. A motion was made by Bohr, second Hardy to reschedule this item for the second regular meeting in July. Approved 4-2-1 (Green, Hardy—No, Coerper absent) B. PUBLIC COMMENTS Tis it a tie of meetirac,,<for the Council.=to receive comr ifs from the° i-tigardir� items of intent or agda items OTHER than Public Hems, Generally`;; Council � note rater into a dialogue durip-4 this period.' Pursuant rsuant to the Bryn (Open Meeting) Act, the C-,i Couricil°`may not discuss items Teas` y a s ©n oar ager So if yam;are speaking an art item not on tl agenda,'we _,� �. discuss u`fhe issue wtyou at this meeting. However,,if you wig to meet with any of us please`call 3lhe Cour ciI's Secretary at 714-536-5553. Thank yc iu for talc ,the time to _. come to the courj meeting to address the Council. Councilmembers s a e to, treat tubers of the putt with r ct, and we,ask that you also exprs /our coii+ r 44 doilnjons in a civil and res , ctful m4pper. d `� (14) June 19, 2006 - Council/Agency Agenda - Page 14 G-1c. (City Council) Adopt Ordinance No. 3739 Amending Chapter 17.10 of the Huntington Beach Municipal Code Relating to Graffiti Abatement from Public and Private Property Located Within the City (570.10)— Ordinance No. 3739— "An Ordinance of the City of Huntington Beach Amending Chapter 17.10 of the Huntington Beach Municipal Code Relating to Graffiti." Approved for Introduction June 5, 2006. Recommended Action: After City Clerk reads by title, Adopt Ordinance No. 3739, by roll call vote. Approved 6-0-1 (Coerper absent) G-1d. (City Council) Adopt Ordinance No. 3740 Amending Chapter 13.36 of the Huntington Beach Municipal Code Relating to Boating Regulations Pertaining to Pier Head Lines (820.20) —Ordinance No. 3740— "An Ordinance of the City of Huntington Beach Amending Chapter 13.36 of the Huntington Beach Municipal Code Relating to.Boating Regulations." Approved for Introduction June 5, 2006. Recommended Action: After City Clerk reads by title, Adopt Ordinance No. 3740, by roll call vote. Approved 6-0-1 (Coerper absent) G-le. (City Council) Adopt Ordinance No. 3736, A First Amendment to the Holly Seacliff Development Agreement No. 90-1 Between the City of Huntington Beach and Pacific Coast Homes and Garfield Partners Extending Agreement for an Additional 6-Month Period (600.10) —Ordinance No. 3736— "An Ordinance of the City Council of the City of Huntington Beach Adopting A First Amendment to the Development Agreement Between the City of Huntington Beach and Pacific Coast Homes and Garfield Partners." Approved for Introduction June 5, 2006. Recommended Action: After the City Clerk reads by title, Adopt Ordinance No. 3736, by roll call vote. Approved 6-0-1 (Coerper absent) G-1f. (City Council) Adopt Ordinance No. 3742 Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking Time Limits for Recreational Vehicles, Unattached Boat or Personal Watercraft Trailers (560.20) —Ordinance No. 3742— "An Ordinance of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking Time Limits." Approved for Introduction June 5, 2006. Recommended Action: After the City Clerk reads by title, Adopt Ordinance No. 3742, by roll call vote. Rheduled to July,;17, 2006(Details orr page 4). r Esparza, Patty From: Flynn, Joan Sent: Thursday, May 25, 2006 8:52 AM To: Esparza, Patty Subject: FW: RV Ordinance- RUSH Here is an H Item to expect -- Joan -----Original Message----- From: McGrath, Jennifer Sent: Thursday, May 25, 2006 7:35 AM To: Copeland, Karen Cc: Flynn, Joan; Balkee, Anita; Bazant, Denise; Culbreth-Graft, Penelope Subject: RV Ordinance - RUSH Karen - Please prepare RCA for RV Ordinance which was considered at the last council meeting via an H-Item. It needs to come back for first reading. The Analysis section should state that the Motion to Reconsider and the subsequent vote on the ordinance were out of order as they were not agendized for the next regular meeting. A regular meeting was held on May 3, 2006, which would have been the appropriate time for the Motion to Reconsider. Therefore, the previous ordinance related to Recreational Vehicles adopted at the City Council meeting of May 1, 2006, will be effective May 30, 2006. Based on the City Council action, I am placing the ordinance considered on May 15, 2006, on the agenda for first reading. The second reading of this ordinance will take place on June 19, 2006, and it will be effective July 19, 2006. 1 %� Esparza, Patty L-t_ From: Flynn, Joan Sent: Thursday, May 25, 2006 8:45 AM To: CITY CLERK Subject: FW: RV Ordinance FYI -- here is the shake down on the RV ordinance -- you may be getting calls on it. -----Original Message----- From: Flynn, Joan Sent: Thursday, May 25, 2006 8:16 AM To: 'Dick-Ellie Lenell' Cc: 'hbrvownersl@verizon.net' Subject: FW: RV Ordinance Dick -- after you and I reviewed the process of the "motion to reconsider" according to Roberts Rules of Order, I spoke to the City Attorney about the section which stated the item must be considered at the same meeting it was acted on, or the next meeting of the body. She considered the issue, and this is her legal finding: "The Motion to Reconsider on May 15, 2006, was out of order as a regular City Council meeting was held on May 3, 2006. I am placing the ordinance considered on May 15, 2006, on the meeting of June 5, 2006, for first reading to address the issue. -- Jennifer McGrath Dick -- I have not seen the revised agenda item, but it now stands that the previous ordinance related to Recreational Vehicles adopted at the City Council meeting of May 1, 2006, will be effective May 30, 2006 (this is the one with 16 days per month -- totaling 192 days annually) . Also, based on the City Council action, an amendment to the ordinance (as considered on May 15, 2006) will be placed on the June 5th agenda for first reading. The second reading of this ordinance will take place on June 19, 2006, and if adopted, this will be effective July 19, 2006. If you need any additional information, please feel free to contact my office (I will be out enjoying an extended Memorial Day holiday Friday through Monday p.m. , but staff will be able to address your needs, or I can get back to you when I return. ) Joan Flynn, City Clerk 714-536-5227 1 6 ORDINANCE NO. 3735 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PARKING TIME LIMIT The City Council of the City of Huntington Beach does hereby ordain as f lows: SECTION 1. Section 10.44.065, subsection (a), of the Huntington Beach Municipal Code is hereby amended to read as follows: (a) Recreational vehicles as defined in Section 10.44.060, or unattached at or personal water craft trailer, parked for the purpose of loading, or other short term u , provided that a permit has been issued in advance by the Chief of Police. A permit may issued for loading, unloading, or other short-term use not to exceed twenty-four hour ,provided that: (3699-04/05) 1. no more than sixteen (16) such periods are allowed in a caYe dar month; and (3699-04/05) r' 2. no more than eight days consecutively; and (3699-04/ ) 3. no more than one hundred forty-four days in any tw ve (12) month period. Such parking shall be limited to the area in front of 4 residence from which the loading or unloading will occur, or in-reasonable proximity thereto if the front of the residence is not available for parking. (3699-04/05) SECTION 2. Chapter 10.44 is hereby amended by adding Section 10.44.067, said section to read as follows: 10.44.067 Street Sweeping Compliance. All recreational vehicle permit holders shall comply with the City of Huntington Beach street sweeping/parking regulations pursuant to Chapter 10.40 of the Huntington Beach Municipal Code and as thereafter amended SECTION 3. This ordinance sh�ll become effective 30 days after its adoption. PASSED AND ADOPTED b the City Council of the City of Huntington Beach at a regular meeting thereof held on the ay of , 200_ NO` 0 Mayor ATTEST: TAKENjAPZPRVED AS TO FORM: City Clerk ` City Attorney �(t REVIEWED ANDp,,�PPROVED: INITIATED AND APPROVED: J l , City A ministrator Police Chief 06ord/chap 10-44 j Ordinance No 3735 LEGISLATIVE DRAFT r r Chapter 10.44 t PARKING--TIME LIMITS (255-2/33,276-11/25,322-1/29,373-7/34,533-7/48,566-11/50, 1155-8/65, 1935-11/74,2115-11/76,Zi77-5/77,2276-5/78, 2514-12/81,2644-12/83,2692-7/84,2795-10/85,2855-12/86,3011-9/89,3136-5/92,3257-11/94,3336-12/96,3699-4/05) Sections: 10.44.010 Twenty-four minute maximum 1VQ/ ACT ' ,i. 10.44.020 Twelve or twenty-four minutes--Violation 10.44.030 One-hour parking 10.44.040 Two-hour parking 10.44.050 Penalty--Continuing violations 10.44.060 Oversize d vehicle parking regulations 10.44.062 Recreational vehicle parking in a residential district-special permits 10.44.065 Exceptions 10.44.067 Street Sweeping-Compliance 10.44.070 Arterial highway oversize vehicle parking regulations 10.44.080 Overnight Parking of Recreational Vehicl 'in Commercial or Industrial District 10.44.010 Twenty-four minute maximum. Green curb marking shall mean no standing or parking for a period of time longer than twenty-four(24)minutes at any time. (276-11/25, 322-1/29, 533-7/48, 1155-8/65, 3257-11/94) 10.44.020 Twelve or twenty-four minutes--Violation. When authorized signs or curb markings have been determined by the Director of Public Works to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle adjacent to any such legible curb marking or sign in violation thereof. (276-11/25, 322-1/29, 533-7/48, 1155-8/65) 10.44.030 One-hour parking. When authorized signs or curb markings have been determined by the Director of Public Works to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours of 9 a.m. and 6 p.m. of any day except Sundays and holidays for a;period of time longer than one hour. (255-2/23, 566-11/50, 1155-8/65) 10.44.040 Two-hour parking. When authorized signs or curb markings have been determined by the Director of Public Works to by"necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or'park the vehicle between the hours of 9 a.m. and 6 p.m. of any day except Sundays and holidays for a period of time longer than two hours. (322-1/29, 373-7/34, 1155-8/65) 10.44.050 Penalty--Continuing violations. Any person violating any provision of this chapter shall, upon a conviction thereof, be guilty of an infraction, and punishable by a fine not to exceed one hundred dollars ($10,6), provided further that each period of time a vehicle is left parked after the initial violation of such provisions shall be deemed a separate offense, equal to the maximum legal parking time for,the particular time zone or parking space as designated in sections setting the maximum legal time. (1155-8/65,2276-5/78) 10.44.060 Oversized vehicle parking regulations. Except as herein provided, no person shall park or leave standing upon any public street or highway in a residential district: (3699-04/05) (a) Any motor vehicle over twenty-five (25) feet long measured from the extreme forward point to the extreme rear point, including extensions; legisdrft mc10441d alternative I �d CITY OF HUNTINGTON BEACH City Council Interoffice Communication C L To: Honorable Mayor and City Council Members From: Gil Coerper, Mayor Pro Tern Date: May 9, 2006 Subject: H-ITEM FOR MAY 15, 2006, CITY COUNCIL MEETING— > ;'-- X- 0 RECONSIDERATION OF ADOPTED ORDINANCE NO. 3736— EEn RECREATIONAL VEHICLE PARKING TIME LIMITS (CHAPTER 10.44) STATEMENT OF ISSUE: On May 1, 2006, the City Council adopted Ordinance No. 3735 amending Chapter 10.44 of the Huntington Beach Municipal Code relating to Recreational Vehicle Parking Time Limits. The ordinance passed by the Council did not include a limit on the maximum number of days per year that a recreational vehicle could be parked on the street. Therefore, the maximum number of days per year remained one hundred ninety-two (192). Since May 1, 1 have been contacted by a number of Huntington Beach residents who believe 192 days per year is excessive. Additionally, they feel that large recreational vehicles parked in their residential neighborhoods detract from the appearance of the neighborhood and creates a potential public safety problem. These residents respect the rights of recreational vehicle owners, and they want their neighbors to enjoy the use of their recreational vehicles. However, they believe that allowing the vehicles to remain parked in front of the residences for more than fifty percent (50%) of the year is unreasonable. During public comment regarding Ordinance No. 3735, some recreational vehicle owners were opposed to the one hundred (100)day limit recommended by the Police Department. Some suggested that that limit should not be changed, and others suggested a limit somewhere between 100 and 192. After considering all of these issues, it is my opinion that a limit of less than 192 days per year should be established. .RECOMMENDED ACTION: 1. The City Council should reconsider the adoption of Ordinance No. 3735. 2. There should be a limit of one hundred forty-four(144) days per year that a recreational vehicle could be parked on the street. 3. Section 10.44.067, regarding street sweeping compliance, be included in any subsequent amendment. Xc: Penny Culbreth-Graft, City Administrator Paul Emery, Deputy City Administrator Bob Hall, Deputy City Administrator Joan Flynn, City Clerk Ken Small, Chief of Polic;_//S_/ �' (16) May 15, 2006 -Council/Agency Agenda - Page 16 3. Section 10.44.067, regarding street sweeping compliance, be included in any subsequent amendment. Motion to reconsider adoption of Ordinance No. 3735. Approved 4-3 (Green, Hardy, Hansen— No) Motion to approve a limit of 144 days per year that a recreational vehicle could be parked on the street and Section 10.44.067, regarding street sweeping compliance, is included in any subsequent amendment. Approved 4-3(Green, Hardy, Hansen— No) Council Comments - (Not Agendized) At this time Councilmembers may report on items not specifically described on the agenda which are of interest to the community. No action or discussion may be taken except to provide staff direction to report back or to place the item on a future agenda. Recess to Closed Session— 10:25 p.m. Council/Agency Adjournment at 12:04 a.m. Tuesday to Monday, June 5, 2006, at 4:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. JOAN L. FLYNN, CITY CLERK City of Huntington Beach 2000 Main Street - Second Floor Huntington Beach, California 92648 COMPUTER INTERNET ACCESS TO CITY COUNCIL/REDEVELOPMENT AGENCY AGENDA WITH STAFF REPORTS IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS http://www.surfcity--hb.org Pagel of 3 Esparza, Patty From: RPolkow@aol.com Sent: Thursday, May 11, 2006 12:34 PM To: jhardy@surfcity-hb.org; KEITHBOHR@aol.com; KSmall@hbpd.org; hbdac@hotmail.com; gcoerper@surfcity-hb.org; dsullivan@surfcity-hb.org; Dhansen@surfcity-hb.org; cityclerk@surfcity- hb.org; cgreen@surfcity-hb.org Subject: Agenda item H-4a May 11, 2006 Huntington Beach City Council SUBJECT: Item No. H-4a on May 15 Agenda I am a home owner with a beautiful 2006 motorhome. It is kept in my back yard and only moved to the street when leaving and returning to Huntington Beach. I am retired and may decide to leave or return on a moments notice with the increase in fuel costs these trips will be more frequent but shorter in distance. Now my concern is that each time I move my "housecar" into the street if I call parking control I am charged 24 hours parking although I will probably be there less than 2 hours. Some of the reasons I feel the RV owner needs the flexibility in the current ordinance, are noted below. Our rights have been constantly trampled on during the 35 years we have lived in Huntington Beach. The citizens have tried to live with the restrictions this city keeps imposing on the law abiding RV owners, but I feel it is time to just say no to further changes. Go by the CVC on all motorhomes. It seems the city only adheres to the wishes of a few vocal minority complainers. Who are these people? We try to obey the laws as implemented by our elected officials. I feel it is time for the legal law abiding residents to be left alone and let the police spend their time controlling the illegal activities in our city. I wish to mention some of the reasons I feel RV owners need flexibility. 1. We park in the street long enough to close our gate and secure our home. (24 hours charged, probably used 1 hour) 2. We take motorhome in to dealer for coach service. (24 hours charged, 1 hour used) Pick up motorhome after service (24 hours charged. I hour used) 3. Take to service center for c assis service (have workhorse chassis) 5/11/2006jJ Page 2 of 3 Service in Santa Ana or Irvine. (24 hours charged to take in for service, 24 hours charged to pick up, 2 hours used) 4. Chevrolet engine must be serviced in Santa Ana or Cerritos. (Local dealers do not have room to service Recreational vehicles.) (24 hours to take in and an additional 24 hours for pick up.2 hours used) 5. Detailing motorhome before leaving if not used for a period of time. (Regular car wash can not accommodate motorhomes) (24 hours to take in) (24 hours to pick up.)(2 hours used) 6. Smog checks same as any other vehicle in California. We can usually wait for check. (24 hours used if no additional service required), if additional work is required an appointment must be made with a Chevrolet dealer, (24 hours charged to take to Chevrolet dealer) (24 hours to pick up after completion of tune up), (no more than 3 hours used) then back for smog check, hopefully within the same 24 hours. When these items are completed my motorhome according to paper records has been stored in the street more than my allotted monthly days, but in reality has only been in the street for a few hours. Do the math, is this fair? In the real world I have only used a few hours. I can only get permits in 24 hour allocations but the total time used is accumulated in days. Why? According to the above math I have stored my motorhome in the street many days and still have not used it for pleasure. No days left, so next month maybe things will be different. Sacramento, where the DMV laws are written, recreational vehicles are treated the same as other passenger vehicles to comply with our CVC. If the parking space is not large enough for a motorhome then naturally you cannot park there. That should be the only restriction. 7. My motorhome is a Homeland security radio communications facility and I could be called at any time, day or night, to give a direction.finding location of a vessel or person in distress. In this case I would have to say my motorhome cannot be moved, I have no time left. Call me next month. I also carry emergency food and first aid supplies. In the Northridge earthquakes many motorhome owners provided all kind of assistance to residents in that area, and if one should try to restrict RVs in that area they would probably have you put in jail. Pot luck dinners, coffee, etc. were served to neighbors In closing please accept my sincere thanks for the four of you that voted to deny the ordinance on May 1. 5/11/2006 Page 3 of 3 RESPECTFULLY: • JEAB POLKOW, 21772 Oceanview Lane, Huntington Beach, Ca 92646-8215 • (714)962-4810 5/11/2006 Page 1 of 2 Lugar, Robin From: RPolkow@aol.com Sent: Thursday, May 11, 2006 11:29 AM To: KSmall@hbpd.org; cgreen@surfcity-hb.org; Dhansen@surfcity-hb.org; dsullivan@surfcity-hb.org; gcoerper@surfcity-hb.org; hbdac@hotmail.com;jhardy@surfcity-hb.org; KEITHBOHR@aol.com; cityclerk@surfcity-hb.org Subject: agenda item# H-4a 11 May 2006 TO: HB Council Members SUBJECT: RV ordinance agenda item#H-4a Is this constant harassment of RV owners being conducted because there are no other problems for the naysayer's to concentrate their spleen? One motor officer I talked to shortly after moving to our city opined that most of his assignments to investigate RV owners abuse were baseless and, in his opinion caused by the ancient axiom"If I don't have one you shouldn't either."As it turned out during our discussion the officer also lived on a corner and he too had been reported as leaving his RV unattended. The neighbor that complained about everything in the neighborhood has since moved to the huge relief of the entire area. If one must shorten the annual day permit then let us change the permit time to hours. Unless there is some ulterior objection in using days instead of hours I cannot see any reason for any objection. Certainly the police are enforcing the 72 hour limit for the thousands of passenger vehicles in our city. Why can they not monitor the "highly visible"RVs the same way? Housecars, as the California Vehicle Code refers to motorhomes, are licensed as passenger vehicles and as the chairman of the DMV when contacted stated"they are regulated the same as any other passenger vehicle unless they exceed 40 feet in length, 102 inches in width and 14 feet 3 inches in height. Those over 96 inches in width can be restricted to certain streets but the specific street must be legally posted" If we do adhere to the letter of the law our city will become a forest of signs posted at regulated intervals on every street. That would be ludicrous. The small minority that, apparently has caused the RV parking furor should not be the controlling factor in the making of our city's ordinances. To iterate, if we must shorten the annual permit days we should change the permit periods to hours,not days. If this is not done then it does not take a mental giant to see that the RF owners are being squeezed out of existence. RESPECTFULLY: BOB POLKOW, 21772 Oceanview Lane, Huntington Beach, Ca 92646-8215 (714)962-4810 �5/11/2006 Esparza, Patty From: Dapkus, Pat Sent: Monday, May 15, 2006 10:11 AM To: Flynn, Joan; Esparza, Patty Subject: FW: ry parking -----Original Message----- From: Donna Patterson [mailto:jackdonnapat@yahoo.com] Sent: Friday, May 12, 2006 6:42 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: ry parking As ry owners, who pay to have our ry in storage, we believe anyone does not need that much time to prepare for a trip. Our neighbor has parked for almost 30 years, ( yes 30 years) on the street. The ry is very undesireable to look at every day, and now hes using the 16 days per month to put it back on the street. The other days its in his driveway. He own 6 other vehicles, so it makes for a very crowded neighborhood, of unused parked cars. We believe the shorter time allowed on the streets, the better. Jack and Donna Patterson Residents of Huntington Beach for 34 years Do You Yahoo! ? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com L Z Q d 141�-/mac �)AJ Page 1 of 2 Esparza, Patty From: RPolkow@aol.com Sent: Saturday, May 13, 2006 9:24 AM To: cgreen@surfcity-hb.org; cityclerk@surfcity-hb.org; Dhansen@surfcity-hb.org; dsullivan@surfcity- hb.org; gcoerper@surfcity-hb.org; hbdac@hotmail.com;jhardy@surfcity-hb.org; KEITHBOHR@aol.com; KSmall@hbpd.org Subject: RV revision adenda item H 4a 15 Mat 2006 13 May 2006 TO: All Council members SUBJECT: Item # 1-14a May 15 agenda The submittal by one council person for reconsideration of the RV ordinance after the second reading is puzzling. This type of action according to Roberts Rules of Order is not unusual after the first reading as those that must pass on the proposed action may not have had time to consider it. As the second reading was considered after a two week period it was not surprising that the proposed ordinance revision was denied. The council members had reviewed the proposal, listened to their constituents and determined that the vote at the first reading should be reversed as it was opposed by 99% of all RV owners. Now six weeks have passed and even during the second reading when a compromise on the "cap" was not accepted a request for reconsideration is proposed, but proposes nothing more than a repeat of a compromise on the "cap" offered at the second reading, but was rejected. The electorate deserves representatives that are consistent and do not make "deals" that require favors in return later by their fellow council members. I am not accusing any council member of engaging in this sometimes used but still unethical practice. We have two members on our council that will usually oppose almost any item unless it agrees with their personal agenda. This is well known and the electorate expects and respects their action. But to have a councilmember, voted in at large to make a "deal" with another to achieve a personal goal that is more satisfying to his her personal agenda is going beyond the limits of political integrity and should not be tolerated by our council members who are all voted in at large. They should not be unduly influenced by a small minority or a council person that lobbies their cause. The second RV ordinance reading was fully debated and a compromise was refused. Why is the reconsideration agendized as it contains nothing 5/15/2006 Page 2 of 2 more than the points discussed during the second reading and final vote? It is my honest and sincere hope that it was agendized in good faith and not for ulterior motives. Do not let our council achieve the reputation of keeping constitutes confused by inconsistency and favors exchanged behind closed doors. The RV ordinance targeted has victoriously withstood the test of time. The Chief has admitted it achieved 97% of the intended goal and a change to grant permits by hours instead of days would be cumbersome adds to the puzzle. Why do certain parties want a controversial revision that shortens the "cap" and deceivingly consumes RV owner's time that is not used? The people must, at times, accept defeat of their desires but do not deserve to have this defeat fostered by devious means. RESPECTFULLY: BOB POLKOW, 21772 Oceanview Lane, Huntington Beach, Ca. 92646- 8215 (714)962-4810 I 5/15/2006 Lugar, Robin From: Flynn, Joan Sent: Monday, May 15, 2006 10:21 AM To: Lugar, Robin Subject: Fw: RV Ordinance -----Original Message----- From: Dapkus, Pat To: Esparza, Patty; Flynn, Joan Sent: Mon May 15 10:10:50 2006 Subject: FW: RV Ordinance -----Original message----- From: Bill Jones [mailto:bill@joneselectric.com] Sent: Friday, May 12, 2006 7:00 PM To: city.council@surfcity-hb.org Cc: hbrvownersl@verizon.net; Pat Dapkus; Cathy Fikes Subject: RV Ordinance I have lived in Huntington Beach for 41 years and RVing is a huge part of my life. I am at a loss as to why some members on the City Council feel a compulsion to try and further restrict RV parking in our City. I say our city because many different types of people live in the city and I wish you would be more tolerant of the RV residents. We compromised our RV rights when you asked for a RV parking ordinance a year ago. The present regulations have solved every problem, real and imagined that was presented to us. Now you want more concessions and further restrictions. If you intend to keep restricting the RV parking until you eliminate RVs completely you will have a nasty voter backlash. This ordinance has organized and united the RV community in HB. We have flooded the Council Chambers time and time again and we can flood the voting booths just as easily. I will work against re-election of any council members trying to take away my rights to own a RV in Huntington Beach and support those members who will earn my support. Elections will be here soon and we will not forget who supports RVs and who doesn't. No brag, just facts. William C. Jones 20092 Swansea Lane Huntington Beach, CA 92646 Member of : ASA, American Sand Association www.americansandassociation.org CORVA, California Off road Vehicle Association CLORV, California League of Off Road Voters Page 1 of 2 Esparza, Patty From: Dapkus, Pat Sent: Monday, May 15, 2006 1:28 PM To: Flynn, Joan; Esparza, Patty Subject: FW: Late Communitcation opposing 1­14-a -----Original Message----- From: Norm Westwell [mailto:normw@truwest.com] Sent: Monday, May 15, 2006 1:27 PM To: All City Council Members; Cathy Fikes - City Council Cc: Pat Dapkus; Cathy Fikes Subject: Late Communitcation opposing 1­14-a I encourage the council to OPPOSE reconsideration of Ordinance No. 3735. (H-4a) This was already adopted and there is no new information being presented. The only consideration being made is to accommodate a very small number of people complaining that the RV owners protected rights have not been restricted enough. Who and where are these complainers. They certainly do not turn out for workshops or public meetings on the subject. Where are they? In contrast, the RV community has worked with the city, police and anyone else interested enough to turn out for meetings and public input. They do work proactively with the city to make the ordinance work for everyone. Please do not tinker with this Ordinance any longer. You cannot please all of the people all of the time. (Attempting to do so is a recipe for disaster) This is a complaint driven system so complaints should be accepted as part of the program. The public currently can park their ugly, rusting, dilapidated work vehicles in front of my residence every single day of the year and I have no recourse. I can site the very same public safety and neighborhood esthetic issues for other parked vehicles throughout the city. Singling out RV owners is discrimination plain and simple. You have taken an oath to protect the rights of your constituents. You are NOT protecting my rights with this reconsideration. Offensiveness is still a PROTECTED right in America. RV's parked in neighborhoods offend an extremely small number residents. These are the same people who habitually complain and believe they do not have enough control over my life and property. THIS OFFENDS ME . Therefore, should an ordinance be enacted to prevent myself and fellow RV'ers from being offended by habitual complainers? These 20 complainers should simply become more tolerant of their neighbors, as we are tolerant toward them and the ugly landscaping of their yard, or the ugly color of paint they have selected to paint their home, or the rusted hulk of a non- working vehicle in their driveway. This reconsideration is pandering to a small (less than 20 individuals) group of habitual siisi2oo6 C.. 9 � C.c .s .ter c�y�C.ti,) �`t `�` Page 2 of 2 complainers. A better ordinance would be to fine habitual complainers (more than 3 per month) $100 for each "legally parked RV complaint" the PD must investigate. Then just watch those 20 complainers go away. If you do allow for reconsideration and vote to amend the ordinance, you had better be ready to receive RV sized numbers of new complaints from " a number of Huntington Beach residents" and RV owners who believe the proposed amendment to the RV ordinance is overly oppressive and un-necessary. If the number of complaints by the RV community exceeds the small number of complaints from the habitual RV complainers, I would fully expect the council to equitably reconsider this issue yet again. Subsequent reconsideration would only be fair based on the reasoning stated in the motion. There is no VALID reason to reconsider the ordinance. Remember RV'ers can and WILL turn out for public meetings should you change course and reverse the agreement previously made with the RV community. I urge you to support a NO vote to reconsider Ordinance No. 3735 (Item H-4a). Thank you for your carefully reasoned decision. Respectfully, Norm Westwell VP - truWest, Inc. normw@truwest.com www.truwest.com 800.322.3669 5/15/2006 Esparza, Patty From: Dapkus, Pat Sent: Monday, May 15, 2006 1:27 PM To: Flynn, Joan; Esparza, Patty Subject: FW: Rehash of RV Ordinance -----Original message----- From: Peter Petrelis [mailto:hbrvownersl@verizon.net] Sent: Monday, May 15, 2006 9:04 AM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Rehash of RV Ordinance Honorable City Council Members I believe that bringing back a change to the RV Ordinance immediately after it is passed sets a bad precedence. Does this mean that every time there is a close four to three vote and an issue and it is closed (second reading) that it will be reopened if a small number of residents complain? Will all issues require three and four readings just to make sure there are no complaints, or does this process only apply to RV's? While the proposed change is not major, I feel that the real issue is a process issue and will set a bad precedence. Peter Petrelis 6^j 1-7L Page 1 of 1 Esparza, Patty From: Dapkus, Pat Sent: Monday, May 15, 2006 1:11 PM To: Flynn, Joan; Esparza, Patty Subject: FW: RV Parking Ordinance -----Original Message----- From: Andy Weiss [mailto:andrewweiss@verizon.net] Sent: Thursday, May 11, 2006 4:27 PM To: city.council@surfcity-hb.org Cc: hbwave@ocregister.com; hbindependent@latimes.com; Charles Falzon; Andy Weiss; ann.sanchez@bpb- na.com; Pat Dapkus; Cathy Fikes Subject: RV Parking Ordinance To the City Council: As a member of the community and as a member of the Huntington Beach Finance Board, I am disturbed at the needless investment of time and resources the City Council is investing by re-visiting, for the third time, the issue of RV parking ordinances. There has been absolutely no evidence presented by the HBPD that anyone has exceeded the current annual cap as provided by law. Further, the statistics provided by Chief Small indicate that the overwhelming majority of city RV owners use substantially fewer than the maximum monthly and annual parking days allowed under the law (and far fewer than the proposed cap of 144 days). The fact that fewer than 20 residents in the city generate complaints about excessive parking does not justify legislating for the entire city. There are 200,000 residents in the city and making law for 20 is bad legislative policy and a waste of City resources.The current cap is 192 days. This does not mean that everyone or even anyone will use the maximum number of days. In fact, the statistics bear this out. Reducing the cap solely as a response to a minimal number of complaints or because a few have opinions that the number "seems high" or is "more than half the year" is unwarranted. No changes are indicated unless and until the number of days those who park RV's on the street approaches the maximum. Until the problem becomes statically significant and not just a possibility, laws should not and must not be changed. Mr. Coerper's interest in resurrecting this matter is solely political and not in the best interests of the residents of Huntington Beach.(See Coerper Request to Reconsider Adoption of Ordinance No. 3735 Amending Chapter 10.44 of the Huntington Beach Municipal Code) I suggest that Mr. Coerper become more interested in saving money for the city by addressing prevailing wage laws and stop wasting time on a non-existent problem. A little common sense will go a long way here. Andy Weiss 5/15/2006 6872 Vista del Sol Drive Huntington Beach, CA 92647 714 842-8118 May 29, 2006 Senator John Campbell Honorable Dana Rohrabacher Assemblyman Thomas Harman 35th Senate District 45 h Congressional District 670'Assembly District 950 South Coast Dr. 101 Main Street, Suite 380 17011 Beach Blvd. Costa Mesa, CA 92626 Huntington Beach, CA 92648 Huntington Beach, CA 92647 RE: Violation California State Handicap Permit Provisions Violation American Disability Act(ADA) Dear Sirs: The City of Huntington Beach has passed a recreational vehicle OM ordinance§ro.aa.060 restricting the use of my onlY registered vehicle, a short recreational vehicle(23E). I have a handicap placard number 142456F and I have been denied unrestricted parking at my home. RV restrictions include length of time limits a RV, number of days in a month limits, and the number of days in a year limits.§10.44.061 Trucks up to 25 feet have fewer restrictions than my RV. The ordinance further requires the handicap to provide special documentation, at my additional expense, to obtain a permit for my RV,justifying the"degree or severity" of my handicap. The City of Huntington Beach officials(police department)are not qualified to judge ones personal disabilities or needs.""*** I was informed that the city denied a permit to someone with gastrointestinal or bowel problem. In my case,the city only issued a three (3)month"temporary"permit when the ordinance allows a six(6)month special permits.110'44'062 For the handicap, there should be no special justifications or number of day restrictions except for possible street cleaning. I am requesting that: ➢ the city cease and desist any restrictions on the handicap and their use of their handicap}privileges under the State of California law; the city cease and desist any restrictions on the handicap under Federal Law;and, ➢ any public or private facilities stop denying the use of handicap parking spaces to that displaying handicap placard. This has not been a problem in the City of Huntington Beach but a problem at Anaheim Stadium(even for a RV under 20 feet). The handicap placard should be valid anywhere in California without local restrictions. Sincerely, Laurence J. StuPPy H Page 1 of 2 Esparza, Batty From: Lugar, Robin Sent: Thursday, July 13, 2006 3:45 PM To: Esparza, Patty Subject: FW: (no subject) -----Original Message----- From: RPolkow@aol.com [mailto:RPolkow@aol.com] Sent: Thursday, July 13, 2006 3:42 PM To: Green, Cathy; City Attorney; CITY CLERK; Hansen, Don; Sullivan, Dave; Coerper, Gil; Cook, Debbie; Hardy, Jill; KEITHBOHR@aol.com; Small, Kenneth Subject: (no subject) 17 July 2006 City Council, agenda item G1(a), 17 July 2006 I've been made aware of one of our residents, no that's inadequate, one absolute arrogant idiot obviously of the "me generation that owns what is commonly called a "toy carrier" and is giving the rest of the RV owners a bad reputation. This individual does not have room to park his "toy carrier" in front of his own home so without even asking for permission parks this trailer in front of an 86 hear old lady's home for the full allotted 16 days per month. If this trailer or "toy carrier" is not fully equipped for human habitation it should not fall within the purview of Chapter 10.44 of the H.B. Municipal Code and should be cited for violating the California Vehicle Code relating to unattached trailers. A "toy Trailer is sold by RV dealers as it is constructed by the same materials as the average motorhome, trailer or fifth wheeler. It has a back that can be lowered so the owner can use the lowered back as a ramp to load motorcycles or various off road vehicles, some are equipped for partial human habitation such as bunks but not all are fully equipped to qualify , as an RV in accordance with the California Vehicle Code. They are nothing more than an enclosed load carrying trailer or fifth wheeler that need to be towed. The "toy carrier" should be fully equipped for habitation not just partially. No self respecting RV owner would park even a qualified RV in front of a neighbors home without permission from the affected neighbor. In my neighborhood my neighbors ask each other for permission when necessary to even park their passenger vehicles in front of their fellow neighbor's home. Please do not let this arrogant individual cause you to undermine the well digested and successful ordinance you approved May 1. Pressure should be made to bear`on this one individual making an 86 year old lady's life difficult. If the perpetrator lived in my neighborhood we would handle the problem without bothering the police or code enforcement. If the "toy carrier" is not being loaded, unloaded or being cleaned the owner should leave it in the same spot it is stored for the other 10 to 15 days a month when it is not in use. Inr 7/13/2006 ,/ Page 2 of 2 I could not bring this almost unbelievable action by one idiot to your attention in detail in three minutes, hence this letter. If you have further questions as the actions of this individual I hope the 86 year old resident has complained. If she has perhaps the Chief can fill in any gaps I have missed. Again. Please don't flip-flap on the May 1 vote especially now that gas prices are climbing and RV owners will be making shorter and in turn more frequent use of their RVs. The 192 days used in 24 hour increments is needed more now than before. RESPECTFULLY: BOB POLKOW, 21772 Oceanview Lane, Huntington Beach, Ca 92646-8215 (714)962-4810 7/13/2006