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Home My WebLink AboutPowerPoint presentation by Police Chief Small regarding prop CITY OF HUNTINGTON BEAC MEETING DATE: February 22, 2005 DEPARTMENT ID NUMBER: PD-05-003 Z�t&Kolb at '6y ZA-7ar Council/Agency Meeting Held: oZ-/aZ6l-/nr/ Deferred/Continued to:&em .-4Z/ ,Approved ❑ Conditionally Approved ❑ Denied I Ier s S- n ture Council Meeting Date: February 22, 2005 Departm I Number: PD-05-003 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION f SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PEN EL E CUL ETH-GR it A m nistrator Y - PREPARED BY: KENNETH W. SMALL, Chief of Police r SUBJECT: Adopt Ordinance No. °��t Amending Section 10.44 of the Huntington Beach Municipal Code regulating Parking Time Limits of Oversized Vehicles, Recreational Vehicles and Detached Trailers on City Streets Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Police Department receives numerous calls daily from citizens regarding oversized vehicles, recreational vehicles and detached trailers parked on City streets. The general issue is the length of time that these vehicles are parked in the same location on public streets. The complaining residents believe the recreational vehicles parked on the streets negatively impact the quality of life in their neighborhoods, creates a safety hazard, are unsightly and clutter the streets. The Municipal Code, in its present form, is not only difficult to enforce, but is also time consuming and often times does not resolve the original issue for the complaining resident. This is discouraging for the resident and leaves them believing the Police Department is not adequately responding to their requests in a timely manner. The vagueness of certain aspects of the code results in numerous traffic hearings for those who wish to challege the citations. The combination of these issues taxes the resources of the Police Department and reduces the time available to focus on other problem areas in the city. U:1RCA-RLS1RCAs\Ordinance RCAs1RV RCA-1.doc -12e 2/3/2005 3:34 PM 1 REQUEST FOR ACTION MEETING DATE: February 22, 2005 DEPARTMENT ID NUMBER: PD-05-003 Funding Source: Current Statewide Abandoned Vehicle Abatement account 87570209.63100 will be able to absorb any costs for implementation and maintenance related to this ordinance. No general fund monies involved. These funds will purchase computer software as needed to accommodate the issuance and tracking of permits, as well as cover costs of installing or updating existing signage at all entry points into the city. Recommended Action: Adopt Ordinance No. 1 C , an ordinance amending Chapter 10.44 of the Huntington Beach Municipal Code regulating parking time limits of oversized vehicles, recreational vehicles and detached trailer on city streets. Alternative Actions : Do not adopt Ordinance No.— an ordinance amending Chapter 10.44 of the Huntington Beach Municipal Code regulating parking time limits of oversized vehicles, recreational vehicles and detached trailer on city streets and direct staff accordingly. Analysis: The Police Department receives numerous calls from community members regarding parking of oversized vehicles, recreational vehicles and detached trailers. Many homeowners believe that the long-term parking of these types of vehicles negatively impacts the quality of life in their neighborhoods by cluttering the streets and create an unsightly condition. The residents also say that due to the size of these vehicles their views are blocked and there is the belief that property values would decline. Often times, the complaints received pertain to vehicles registered outside the neighborhoods in which they are parked. Chaper 10.44 of the municipal code pertains to the parking time limits for vehicles and detached trailers. The existing code is written in such a way that makes enforcement efforts difficult when parking control officers respond to these types of calls for service. In its existing form, Municipal Code Section 10.44 does not define what constitutes "movement" when a restricted vehicle continues to park on residential streets and exceeds the defined time limits. To verify if the vehicle has been moved, the Parking Control Officer marks the tires and street with chalk and returns after twenty-four hours to check it. In most cases, the vehicle has been moved, but only a few feet. Since the Municipal Code section only requires the vehicle to move, this fulfills the definition. In order to pursue the enforcement of this section, the Parking Control Officer must remark the tires and check it again. This process can continue indefinitely, but does not resolve the original issue from the resident. This lack of a clear definition as to what constitutes movement does little to resolve the issue for the resident and requires a great deal of effort on the part of the Police Department. Also when a citation is issued under this section it is usually challenged and requires a traffic U:1RCA-RLSIRCAsIOrdinance RCAs1RV RCA-1.doc -3= 2/312005 3:34 PM REQUEST FOR ACTION MEETING DATE: February 22, 2005 DEPARTMENT ID NUMBER: PD-05-003 review hearing. The current municipal code section is vague and does not allow for succinct enforcement, which is discouraging to the residents who call about these issues. It is also a time-consuming process, which taxes the resources of the Police Department and reduces the time available to focus on other problem areas within the city. The Police Department proposes several changes to Section 10.44 of the Huntington Beach Municipal Code that restricts the parking of oversized vehicles, recreational vehicles over twenty (20) feet in length, and unattached trailers on public streets or highways in a residential district, yet still provides twenty-four (24) hour permit exemptions, provided certain conditions are met. The recommended changes are as follows: ■ Define Recreational Vehicle as stated in California Health and Safety Code Section 18010 and to include RV's over twenty (20) feet in length. ■ Prohibit twenty-four (24) hour street parking of Oversized Vehicles and Recreation Vehicles over twenty (20) feet in length, on public streets or highways in a residential district. ■ Prohibit Parking of Recreational Vehicles on any Public Street or Highway. ■ Create Short Term RV Temporary Use Permits: 1. Twenty-four (24) hour RV/Unattached Boat and Water Craft Trailer Permits 2. Medical Permits 3. Parking Exemption for Recreational Vehicles Driven on a Daily Basis 4. Forty-Five (45) Day Permit for Services or Repairs to Residential Property ■ Restrict Commerical District Parking of Oversized Commercial Vehicles to Twenty-four (24) hours. ■ Provide a definition to the meaning of "Movement" as it applies to parking time limits. ■ Update Signage as appropriate at all entry points into the city. Definition of Recreational Vehicle California Health and Safety Code Section 18010 The proposed definition of a 'recreational vehicle" shall have the meaning as set forth in California Health and Safety Code Section 18010, as well as change the existing allowed RV length from over twenty-five (25) feet to twenty (20) feet or less. Section 18010 of the Health and Safety Code defines a recreational vehicle as: UARCA- RLS1RCAs\Ordinance RCM RV RCA-1.doc A4 213/2005 3:34 PM REQUEST FOR ACTION MEETING DATE: February 22, 2005 DEPARTMENT ID NUMBER: PD-05-003 (a) A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, that meets all of the following criteria: (1) It contains less than 320 square feet of internal living room area, excluding built- in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms. (2) It contains 400 square feet or less of gross area measured at maximum horizontal projections. (3) It is built on a single chassis. (4) It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit. The Police Department believes that the existing defining length of a restricted recreational vehicle at twenty-five feet is both inequitable and severely hampers our enforcement efforts. It is difficult for the complaining resident and officer to make a distinction between a twenty-four and twenty-five foot RV resulting in time consuming enforcement action that may or may not solve the root cause of the complaint. Most RV's exceed the twenty-foot length restriction. In essence, any recreational vehicle, as described in Health and Safety Code 18010, would be restricted from parking on residential streets. Prohibit twenty-four (24) hour parking of Oversized Vehicles and RV's over twenty (20) feet in lenght on Public Streets or Highways in a Residential District The Police Department is recommending the elimination of the twenty-four (24) hour parking time limit for oversized vehicles over twenty-five (25) feet in length; motor vehicles over ninety-six (96) inches wide; any motor vehicle, including buses, motor trucks, trailers, semitrailers, trailer coaches, or truck tractors as defined in the Vehicle Code over ninety (96) inches wide; motor vehicles disgined, used or maintained as far machinery or a special purpose or equipment machine; nonmotorized vehicles such as a semitrailer, trailer, trailer coach, utility trailer, two or more axle camper, or a one-axle camper, which have been detached from their drawing vehicle, as well as recreational vehicles over twenty (20) feet in length, on any public street or highway in a residential district. The Police Department has routinely experienced oversized vehicles, as decribed above, being moved back and forth between residential and industrial streets as a method of avoiding storage costs. The existing exceptions for the twenty-four (24) hour limitation for performing or assisting in performing services or repairs on residential properties for oversized motor vehicles would not be changed. Prohibit Parking of Recreational Vehicles on any Public Street or Highway. The Police Departments believes that recreational vehicles should be prohibited from parking on any public street or highway in the city unless an approved permits has previously been obtained through the Police Department. Simply restricting RV owners UARCA- RLS1RCAs\Ordinance RCAs1RV RCA-1.doc r5= 213/2005 3:34 PM REQUEST FOR ACTION MEETING DATE: February 22, 2005 DEPARTMENT ID NUMBER: from parking in residential districts will result in a significant number of them being parked and stored on streets and highways within our commercial and business districts. Addition of Short Term Temporary Use Permits The Police Department believes that this section should allow recreational vehicle, and/or unattached boat or personal water craft trailer owners the temporary use of residential streets, in front of or adjacent to their property, for the purposes of loading, unloading and general pre-trip/post-trip preparations or other appropriate short term use, in addition to other situations that might warrant an exemption: g p Twenty-four(24) hour RV Permits The Police Department would initiate and manage a permit process at no cost to the resident requesting a twenty-four (24) hour permit. The homeowner would need to contact the Police Department, in advance, and obtain a twenty-four (24) hour permit for the recreational vehicle, or unattached boat or personal watercraft trailers to park on the residential street. The permit would be limited to the area in front of the owner's residence, or in reasonable proximity when the front of the residence is not available. The owner of the vehicle would be limited to eight such exemptions per calendar month. Nothing in the ordinance shall be construed to permit sleeping in a vehicle as prohibited by Section 9.54.010 of the Huntington Beach Municipal Code. Medical Permits Upon submittal of a written statement from a licensed medical doctor, the Chief of Police may issue a temporary medical parking permit providing the jusitification of the medical necessity requires that the RV must be kept near a residence for medical reasons. Parking Exemption for Recreational Vehicles Driven on a Daily Basis The Chief of Police may issue a parking permit exemption, valid for no longer than six months, to a recreational vehicle when used on a daily basis for work and on-premises parking is not reasonably available. Forty-Five (45) Day Permit for Services or Repairs to Residential Property Additionally, the Police Department would initiate and manage a permit process authorizing a forty-five (45) day permit for any oversized motor vehicle parked while being used in performing or assisting in performing services or repairs on residential property. This permit would only be issued and renewed upon proof that the vehicle is continuing to be used in performing the services described above. D:1Documents and SettingsldapkuspTocal Settings\Temporary Internet Files10LK801RV RCA4.doe February 8,200510:51 AM s REQUEST FOR ACTION MEETING DATE: February 22, 2005 DEPARTMENT ID NUMBER: PD-05-003 The permitted vehicles would be accessible in a database that would be searchable. When residents call about one of these types of issues, and if a permit existed, the resident would be advised. If a permit does not exist, enforcement would be streamlined, consistent, timely and effective. Twenty-four (24) hour Commerical District Parking of Oversized Vehicles The Police Department recommends that any oversized commercial vehicle, which includes motor trucks, detached trailers or semitrailers, as decribed in California Vehicle Code Section 260, be limited to twenty-four (24) consecutive hours of parking in a commercial district for the purposes of loading and/or unloading, or furnishing commercial services or repairs to a business. Presently, these types of vehicles can legally park in commercial districts for up to seventy-two (72) hours, which negatively impacts available on street parking for business owners and clients. Typically, by the time a complaining party calls about one of these vehicles, one or more days has already passed which essentially extends the seventy-two (72) hours out several days. Addition of the definition of"Movement" The municipal code does not have a definitive measurement for the term `movement' of vehicles as it applies to parking ordinances. The Police Department has contacted other cities that have addressed this issue in their municipal code. The distances these cities required to qualify as movement included, but were not limited to, "one block", "five- hundred (500) feet," "one-thousand (1000 feet)," "two tenths (0.2) of a mile", and "two- thousand (2000) feet." The Police Department's recommendation is to provide a definition within our existing statute that states: "Successive acts of parking within a two-tenths of a mile area shall be presumed to be a single act of parking." Signage Enactment of this ordinance will require Public Works to post appropriate signage at all vehicular entry points into the City reflecting these restrictions. Approximately forty (40) signs are impacted. The cost to fabricate and install each sign is $100.00, for a total estimated cost of$4,000.00. It is the position of the Police Department that if Section 10.44 of the Huntington Beach Municipal Code is amended with the above recommendations, the enforcement strategy would be streamlined, consistent, timely, effective and most importantly, equitable. U:1RCA-RMRCAs\0rdinance RCAsM RCA-1.doc 2/3/2005 3:34 PM REQUEST FOR ACTION MEETING DATE: February 22, 2005 DEPARTMENT ID NUMBER: PD-05-003 Environmental Status: Not applicable. AttachmentC City Clerk's Page Number No. Description 1 An Ordinance of the City of Huntington Beach amending Chapter 10.44 of the Huntington Beach Municipal Code. 2 Legislative Draft, Chapter 10.44 RCA Author: Terry Lindsey, Lieutenant UARCA-RLS1RCAs\Ordinance RCAs\RV RCA-1.doc �.-o` 2/3/2005 3:34 PM rA ATTAC H M E N T # 1 ORDINANCE NO. 3699 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO OVERSIZED VEHICLE PARKING The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 10.44.060 of the Huntington Beach Municipal Code is hereby amended to read as follows: 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: (a) Any motor vehicle over twenty-five (25)feet long measured from the extreme forward point to the extreme rear point, including extensions; (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; (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 (1935-11f74, 21 1 5-1 1176,2514-12181, 2855-12/86) (f) 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. SECTION 2. Section 10.44.062 is hereby added to the Huntington Beach Municipal Code, said section to read as follows: 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 05ord/chap 10- 4 05 version revised/3/8/05 l 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. (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. SECTION 3. Section 10.44.065 of the Huntington Beach Municipal Code is hereby amended to read as follows: 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: I. no more than sixteen(16) such periods are allowed in a calendar month; and 2. no more than eight days consecutively. 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. (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. (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. (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. (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. 05ordlchap 10-44 05 version revisedl318l05 2 (f) Any recreational vehicle parked in reasonable proximity to a park between the hours of 6 a.m. and 9 p.m. SECTION 4. Section 10.44.080 is hereby added to the Huntington Beach Municipal Code, said section to read as follows: 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. SECTION 5. 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 2 1 s tday of March , 200 5 ATTEST: APPROVED AS TO FORM. mmqwwwffldw�OE City le k Cit�y'A t t o rm c y 5 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Police ChIef 05ord/chap 10-44 05 version revised/3/8/05 3 Ord. No. 3699 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 7th day of March,2005, and was again read to said City Council at a regular meeting thereof held on the 21 st day of March, 2005, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Hansen, Coerper, Hardy, Green, Bohr,Cook NOES: Sullivan 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 March 31,2005. In accordance with the City Charter of said City Joan L. Flynn,City Clerk CM Clerk and ex-officio Glerk [Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT # 2 ORDINANCE NO. LEGISLATIVE DRAFT Chapter 10.44 PARKING--TIME LIMITS (255-2133,276-11125, 322-1/29,373-7/34, 533-7148,566-11150, 1155-8/65, 1935-11174,2 1 1 5-1 1176,2177-5177, 2276-5178, 2514-12181,2644-12183,2692-7/84, 2795-10/85,2855-12/86,3011-9189, 3136-5/92,3257-11/94, 3336-12/96) 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 parkin regulations 10.44.062 Recreational vehicle parking in a residential district-special permits 10.44.065 Exceptions 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. (1155-8165,2276-5178) 10.44.060 Oversized vehicle parking regulations. Except as herein provided, Nno person shall park or leave standing upon any public street or highway in a residential district: (a) Any motor vehicle over twenty-five (25) feet long measured from the extreme forward point to the extreme rear point, including extensions; legisdrft/mc1044-LD 05 version revised/3/8/05 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;er (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 r " period ffet to exeeed twei4'. f (24)�.,.0 fs; or. (1935-11/74, 2115-11/76, 2514-12/81, va a viavu ii 2855-12/86) (f) Any "recreational vehicle (RV)", over twenty (20) feet long measured from the extreme forward point to thhe extreme rear point, including extensions. The term "recreational vehicle (R " shall have the same meaning as set forth in California Health and Safety Code Section 18010 or successor statute. 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. (b)The Chief of Police may issue a temporary permit to persons who demonstrate by 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. 10.44.065 Exceptions. Section 10.44.060 shall not apply to the following: (a) Any evef sized r-eepeati onal mewr-vehiele, as defined by Cali femia Health and 8 q&jY Gede (34 36 5192) 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: 1. no more than sixteen (16) such periods are allowed in a calendar month; and 2, no more than eight days consecutively. 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. legisdrft/mcI044-LD 05 version revised13/8105 2 (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. (b)(c) A permit may be issued for Aany 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. (e)(d) Any oversized motor vehicle which is parked for not more than twenty-four (24) consecutive hours to make emergency repairs to such vehicle.,ate-Nothing herein shall be construed to permit violation of any restriction on vehicle repair elsewhere in the Huntington Beach Municipal Code. (d)(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. (f) Any recreational vehicle parked in reasonable proximity to a park between the hours of 6 a.m. and 9 p.m.. 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 b 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 Balsa 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 (2177-5177,2644-12/83,2692-7/84,2795-10/85, 2855-12186,3011-9189, 3336-12196) (b) In case of emergency, oversize vehicles shall be removed immediately if between the hours of 9 p.m. and b 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 legisdrftlmc1044-LD 05 version revisedl3/8105 3 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) 10.44.080 Overnight Parking of Recreational Vehicle in Commercial or T50—ustrial Distriel No person s a ark or leave a recreations ve ic Mover twentyfeet long measured from the extreme forward point to the extreme rear point, including extensions, in a commercial or industrial district between the hours of p.m. and 6 a.m. IegisdrHlmcI044-LD 05 version revised/3/8/05 4 H. B. INDEPENDENT PUBLISH DATE: 03/31/05 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO. 3699 Adopted by the City Council on MARCH 21, 2005 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO OVERSIZED VEHICLE PARKING" SYNOPSIS: THE ORDINANCE AMENDS SECTION 10.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE AS FOLLOWS: (1) DEFINE RECREATIONAL VEHICLE AS STATED IN CALIFORNIA HEALTH AND SAFETY CODE SECTION 18010 AND TO INCLUDE RV'S OVER TWENTY(20) FEET IN LENGTH. (2) PROHIBIT TWENTY-FOUR(24) HOUR STREET PARKING OF OVERSIZED VEHICLES AND RECREATIONAL VEHICLES OVER TWENTY(20) FEET IN LENGTH, ON PUBLIC STREETS OR HIGHWAYS IN A RESIDENTIAL DISTRICT. (3) PROHIBIT PARKING OF RECREATIONAL VEHICLES ON ANY PUBLIC STREET OR HIGHWAY. (4) CREATE SHORT TERM RV TEMPORARY USE PERMITS (5) RESTRICT COMMERCIAL DISTRICT PARKING OF OVERIZED COMMERCIAL VEHICLES TO TWENTY- FOUR (24) HOURS. (6) PROVIDE A DEFINITION TO THE MEANING OF "MOVEMENT"AS IT APPLIES TO PARKING TIME LIMITS. (7) UPDATE SIGNAGE AS APPROPRIATE AT ALL ENTRY POINTS INTO THE CITY. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held March 21, 2005 by the fallowing roll call vote: AYES: Hansen, Coerper, Hardy, Green, Bohr, Cook NOES: Sullivan ABSENT: None This ordinance is effective 30 days after adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L. FLYNN, CITY CLERK (14) Fe ruefy 22, 2005-Council/Agency Agenda - Page 14 Interim Ordinance for Adoption G-1d. (City Council)Adopt Interim Ordinance No.3700 Imposing a 45 30 Day Moratorium on Permit Issuance to Medical Marijuana Dispensaries (570.10) Communication from the City Attorney, the Police Chief and the Planning Director transmitting - Ordinance 3700 - "An Interim Ordinance of the City of Huntington Beach Imposing a Moratorium on Medical Marijuana Dispensaries. Recommended Action: After the City Clerk reads by title; adopt Interim Ordinance No. 3700, with specific findings regarding the detriment to the public's health, safety and welfare, by roll call vote. Chief Small presented PowerPoint. Motion to approve Recommended Action amended to bypass the Planning Commission and bring an ordinance directly to Council. Failed 5- 2 (Hardy No, Cook No) Motion made to approve Recommended Action, amended to bypass the Planning Commission and bring an ordinance directly to Council plus change 45-day to 30-day moratorium. Adopted as amended 6- 1 (Cook No) G-2. Ordinance for Introduction -Moved forward to after Public Comments. G-2a. (City Council) Approve for Introduction Ordinance No. 3699 Amending Section 10.44 of the Huntington Beach Municipal Code Regulating Parking Time Limits of Oversized Vehicles, Recreational Vehicles and Detached Trailers on City Streets (560.20) Communication from the Chief of Police transmitting the following Statement of Issue: The Police Department receives numerous calls daily from citizens regarding oversized vehicles, recreational vehicles and detached trailers parked on City streets. The general issue is the length of time that these vehicles are parked in the same location on public streets. The complaining residents believe the recreational vehicles parked on the streets negatively impact the quality of life in their neighborhoods, creates a safety hazard, are unsightly and clutter the streets. The Municipal Code, in its present form, is not only difficult to enforce, but is also time consuming and often times does not resolve the original issue for the complaining resident. This is discouraging for the resident and leaves them believing the Police Department is not adequately responding to their requests in a timely manner. The vagueness of certain aspects of the code results in numerous traffic hearings for those who wish to challenge the citations. The combination of these issues taxes the resources of the Police Department and reduces the time available to focus on other problem areas in the city. Recommended Action: After City Clerk reads by title, approve introduction of Ordinance No. 3699- 'An Ordinance of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Oversized Vehicle Parking," by roll call vote. PowerPoint titled Recreational Vehicle Parking City Council Meeting February 22, 2005 is included in the agenda packet. Two communications in opposition are included in the agenda packet. Chief Small presented PowerPoint report Council discussion regarding lengths of RVs, safety factors, overnight parking,permitting, daily use, and reasonable proximity. Motion to approve introduction of ordinance amended to strike "for work"from 10.44.062 and to increase maximum number permitted days to 16. Approved for introduction as amended 4-- 3(Sullivan No, Green No, Bohr No) ORDINANCE NO. Z AN ORDINANCE OF THE CITY OF HUNTINGTON BE AMENDING CHAPTER 10.44 OF THE HUNTINGTON ACH MUNICIPAL CODE RELATING TO OVERSIZED VEHIC PARKING The City Council of the City of Huntington Beach does her y ordain as follows: SECTION 1. Section 10.44.060 of the Huntington Be h Municipal Code is hereby amended to read as follows: 10.44.060 Oversized vehicle parking regulations. Exec as herein provided, no person shall park or leave standing upon any public street or 'ghway in a residential district: (a) Any motor vehicle over twenty-five (25) feet 1 g measured from the extreme forward point to the extreme rear point, incl ing extensions; (b) Any motor vehicle, over ninety-six (96) i ches wide, measured at its widest point excluding side-view mirrors or similar tensions, designed, used or maintained for the transportation of property; (c) Any motor vehicle, including buse , motor trucks, trailers, semitrailers, trailer coaches, or truck tractors as defi d in the Vehicle Code, over ninety-six (96) inches wide, measured at its widest po' t excluding side-view mirrors or similar extensions, designed, used or maintained r the transportation of property; (d) Any motor vehicle which i designed, used or maintained as farm machinery or a special purpose or equip ent machine; or (e) Any nonmotorized ve cle, such as a semitrailer, trailer, trailer coach, utility trailer, two or more axle c er, 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) (f) Any "recreationa vehicle (RV)", over twenty (20) feet long measured from the extreme forward point t ha e extreme rear point, including extensions. The term "recreational vehicle (RV)" shalle the same meaning as set forth in California Health and Safety Code Section 18010 or suc ssor statute. SECT N 2. Section 10.44.062 is hereby added to the Huntington Beach Municipal Code, said s tion to read as follows: 10.44.062 Recreational vehicle parking-special permits. (a) The hief of Police may issue a temporary permit for the overnight parking of a re eational vehicle if there is a finding that the vehicle is used on a daily basis and 05or&chap 10-44 05 version/311/05 1 on-premise parking is not reasonably available. A permit issued based on this finding shall not be valid for longer than six months. (b) The Chief of Police may issue a temporary permit to persons who demonstratAy way of written statement from a licensed medical doctor, that the RV must�ie kept near a residence for medical reasons. ,/e SECTION 3. Section 10.44.065 of the Huntington Beach M cipal Code is hereby amended to read as follows: 10.44.065 Exce tions. Section 10.44.060 shall not apply to th ollowing: r (a) Recreational vehicles, or unattached boat or person water craft trailer,parked for the purpose of loading, or other short term use,provi ed that a permit has been issued in advance by the Chief of Police. A permit may a issued for loading, unloading, or other short-term use not to exceed twenty-four ho , provided that no more than sixteen such periods are allowed in a calendar month. Stich parking.shall be limited to the area in front of the residence from which the loa ng or unloading will occur, or in reasonable proximity thereto if the front of the residence is not available for parking. (b) Nothing in this ordinance shall be col'istrued to permit sleeping in a vehicle prohibited by Section 9.54.010 of the Huntingto Beach Municipal Code. (c) A permit may be issued for an oversized motor vehicle parked while used in performing or assisting in performing se , ices or repairs on residential property. The permit will be valid for 45 days and willrenewed only upon proof that the vehicle is continuing to be used in performing the se Zes described herein. (d) Any oversized motor v icle which is parked for not more than twenty-four (24) consecutive hours to ake emergency repairs to such vehicle. Nothing herein shall be construed to permit iolation of any restriction on vehicle repair elsewhere in the Huntington Beach Municipal Code. (e) Any nonmotori d vehicle, such as a semitrailer,trailer,trailer coach, utility trailer, two or more axle c per, or a one-axle camper which has been detached from its drawing vehicle parke for a period not to exceed four(4) hours in any area other than a residential d' trict. i (f) Successiv acts of parking within a two-tenths of a mile area shall be presumed to be a single ac of parking for purposes of this ordinance. (g) Any o ersized commercial vehicle, including motor trucks, detached trailers or semit ailers, as described in California Vehicle Code Section 260, parked for a period not to exc eed twenty-four (24) consecutive hours in a commercial district for the purposes of lowing and/or unloading, or to furnish commercial service or repairs to a business. r' 05or&chap 1044 05 version/3/1105 2 (h) No vehicle described in this section shall be left standing or parked on any public street or highway except in permitted areas, as described herein SECTION 4. This ordinance shall become effective 30 days after its adopt. PASSED AND ADOPTED by the City Council of the City of Huntin on Beach at a regular meeting thereof held on the day of , 200 ayor ATTEST: ED AS TO FORM: City Clerk Cit Attorney I REVIEWED AND APPROVED: INITIATE PPROVED: City Administrator Polic hief 05ord/chap 10-44 05 version/2/4/05 3 ORDINANCE NO. LEGISLATIVE DRAFT Chapter 10.44 PARKING--TIME LIMITS (255-2133, 276-11/25,322-1/29,373-7/34,533-7148, 566-11/50, 1155-8165, 1935-11/74, 2115-11176,2177-5/77,2276-5/78, 2514-12181,2644-12/83,2692-7184,2795-10/85,2855-12/86,3011-9/89,3136-5/92,3257-11194,3336-12/96) 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 Oversized vehicle parking-special permits 10.44.065 Exceptions 10.44.070 Arterial highway oversize vehicle parking regulations 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. (276-11125, 322-1/29, 533-7/48, 1155-8165, 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. (276-11125, 322-1/29, 533-7/48, 1155-8165) 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, 1155-8165) 10.44.040 Two-hour parkin. 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, 2276-5/78) 10.44.060 Oversized vehicle parking regulations. Except as herein provided,Nno person shall park or leave standing upon any public street or highway in a residential district: (a) Any motor vehicle over twenty-five (25) feet long measured from the extreme forward point to the extreme rear point, including extensions; (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; legisdrH1mcI044-LD 05 version I (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; or (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, 2855-12186) (f) 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. 10.44.062 Recreational vehicle parking-special permits. (a)The Chief of Police may issue a temporary permit for the overnight parking of a recreational vehicle if there is a finding that the vehicle is used on a daily basis For--wor-I and on-premise parking is not reasonably available. A permit issued based on this finding shall not be valid for longer than six months. (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 RV must be kept near a residence for medical reasons. 10.44.065 Exceptions. Section 10.44.060 shall not apply to the following. (a) , as de-fined by.q--alifemia 14ea4th and Safety Cede Livia-r-c,v10 or-any an:tefidm , ' &92 Recreational vehicles, 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 no more than eight such periods are allowed in a calendar month. 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. (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. (b)(c) A permit may be issued for Aany 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. legisdrflJmcI044-LD 05 version 2 Le), 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. ()(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. (f) 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. (g) Any oversized commercial vehicle, including motor trucks, detached trailers or semitrailers, as described in California Vehicle Code Section 260, parked for a period not to exceed twenty-four (24) consecutive hours in a commercial district for the purposes of loading and/or unloading, or to furnish commercial service or repairs to a business. (h) No vehicle described in this section shall be left standing or parked on any public street or highway except in permitted areas, as described herein 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 Edin er 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 S rin dale 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 Ma nolia Street (2177-5177, 2644-12183,2692-7184,2795-10185,2855-12186,3011-9189,3336-12196) (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. (3336-12196) legisdrftlme 1044-LD 05 version 3 (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) kegisdrWmc1044-LD 05 version 4 RCA ROUTING SHEET INITIATING DEPARTMENT: POLICE SUBJECT: Proposed Ordinance Amendments to HBMC Section 10.44 COUNCIL MEETING DATE: February 22, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (wlexhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney Not Applicable Subleases, Third Party Agreements, etc. (Approved as to fora by CitZ Attome Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RE T R ED FORWARD Administrative Staff WAM Assistant City Administrator Initial City Administrator (initial) ) City Clerk EXP'LANATIO'N FOR RETURN OF ITEM: ° i (Below Space For City Clerk's Use Only) RCA Author: Terry Lindsey, Lieutenant (11) Nkw dt 7,2005- Council/Agency Agenda - Page 11 G-1b. (City Council) Adopt Ordinance No. 3699 Amending Section 10.44 of the Huntington Beach Municipal Code Regulating Parking Time Limits of Oversized Vehicles, Recreational Vehicles and Detached Trailers on City Streets - Ordinance No. 3699— (560.20) "An Ordinance of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Oversized Vehicle Parking." (Approved for introduction as amended on February 22, 2005.) Recommended Action: After the City Clerk reads by title, adept introduction of Ordinance No. 3699, by roll call vote. Police Chief Small reported. Discussion amongst Council and staff regarding 16 day permits. Motion to introduce as amended by Late Communication and include a maximum of 8 days consecutively and review no her than am yow hnam when ordinance takes effect. Substitute motion with a maximum of 72 hours consecutively and exceptions for visitors plus 6 months review from effective date. Substitute motion Failed 3—4 (Hansen, Coerper, Hardy, Cook—No) Original motion Approved for Introduction as amended 4—3 (Hansen, Coerper, Sullivan No) G-Z Ordinances for Introduction - None H. City Council/Redevelopment Agency Items H-1a. Submitted by Mayor Jill Hardy (City Council) Approve the City of Huntington Beach 2005 City Council Liaison Assignments List as Amended (120.20) Communication from Mayor Jill Hardy transmitting the following Statement of Issue: At the time the Council approved the Council Liaison List, only one member of the City Council was assigned to the Environmental Board. The Environmental Board has some vacancies at the present time that need to be filled. I would, therefore, like to appoint Council Member Sullivan to work with Council Member Bohr in reviewing and recommending candidates to fill the existing vacancies. The attached list has also been amended to correct meeting times that have changed since it was approved. Attached for your approval is the list of Council Liaisons with these amendment. Recommended Action: Motion to: Approve the Council Liaison List as amended and attached. Attachment: Amended Council Liaison List. Approved 7-- 0 H-2a. Submitted by Councilmember Debbie Cook (City Council) Direct the City Attorney to Prepare an Amendment to Huntington Beach Municipal Code Chapter 5.64 Regarding Increasing the Allowable Administrative Expenses for Lawful Bingo Games From $1,000 to $2,000 (120.90) Page 1 of 2 Esparza, Patty From: Flynn, Joan Sent: Monday, March 21, 2005 11:27 AM To: Esparza, Patty Subject: FW: Late Communications RV Issue -----Original Message----- From: truWest [mailto:normw@modernpublic.com] r Sent: Monday, March 21, 2005 9:18 AM . To: City Clerk, djones@surfcity-hb.org Subject: Late Communications RV Issue - - RV ISSUE - No vote urged I am sorry I am unable to personally attend tonights meeting. In order to make an informed decision BEFORE a vote is taken to adopt the new HBPD-RVRD (RV Reservations Division) ordinance I ask of you my, elected representatives, to ask our some appropriate intelligent questions of our government such as: . How many RV complaints a day do the police actually receive? (The answer is 3.5). . How many dog barking complaints per day do the police receive? . How many complaints have the council members received on this issue? . How many people live in HB? . What percentage of the population is complaining? . What percentage of complaints is needed to trigger more new ordinances? . How many other expensive to administer ordinances have been created by government after receiving only a very small number of complaints from a few loud annoying people? . How much will it cost taxpayers for this government expansion? . How much new annual parking fine revenue does the government project to be generated from the enforcement of this new RV ordinance? . How will the city deal with unfriendly neighbors calling in reservations for their RV owning neighbor to use up his time? . How will the city stop problem RV owners from calling in reservations for neighboring addresses to gain additional days? . Did targeted enforcement of current parking ordinances have a positive result? . Have police exhausted all other alternatives enforcement methods? . What other law enforcement tools could be brought to bear to achieve similar positive results? . Has government considered the un-intended consequences of residents simply parking their RV's up on their lawns instead of the street? . Has government explored the new license plate scanning technology, which allows a patrol car to scan the license plates of parked vehicles as it patrols our streets? What citizens really need is for government to more aggressively enforce the existing laws L4-7�� 00 M 1;1 3/21/2005 13)11�l //0 . .__. /� Page 2 of 2 addressing parking issues. Without additional enforcement, the city council could enact 1000 new ordinances and the result would not change. When taxpayers spend huge sums of money for police mobile radios and GPS enabled computer equipment, the police should have no trouble monitoring a few problem RVs. The majority of law-abiding citizens should not suffer because of a few bad apples. This new HBPD-RV Reservations Division is a bad idea, which will rob taxpayers of their money and senior citizens of their liberties. Thank You - Good luck with your decession. Norm Firecracker Westwell 17171 Englewood Cr. HBCA 92647 714.842.4075 normw@modernpublic.com Norm Firecracker Westwell - Huntington Beach, CA normw@ModernPublic.com 1 / THERE IS A PRICE FOR BEING FREE Torch of Liberty, enlightening the world www.ModemPublic.com It's your government - GET INVOLVED! 3/21/2005 ORDINANCE NO. � AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.44 OF THE HUNTINGTON,BEACH MUNICIPAL CODE RELATING TO OVERSIZED VEHICLE PARKING The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 10.44.060 of the Huntington Beach Municipal Code is hereby amended to read as follows: 10.44.060 Oversized vehicle parking regulations. Except as herein provided, no person shall park or leave standing upon any public streetor highway in a residential district: (a) Any motor vehicle over twenty-five (25)feet long measured from the extreme forward point to the extreme rear pointOncluding extensions; (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 itswidest point excluding side-view mirrors or similar extensions, designed, used or maintained for the transportation of property; (d) Any motor vet i Ie which is designed, used or maintained as farm machinery or a special purpo$e or equipment machine; or (e) Any nonrriotorized 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 drawlng vehicle; or (1935-11/74,2115-11/76,2514-12181,2855-12/86) �3 (f) Ar "recreational vehicle (RV)", over twenty (20) feet long measured from the extreme 96rward point to the extreme rear point, including extensions. The term "recreational vehicle AARV)" shall have the same meaning as set forth in California Health and Safety Code Section 8010 or successor statute. SECTION 2. Section 10.44.062 is hereby added to the Huntington Beach Municipal Code, said section to read as follows: 10.44.062 Recreational vehicle parking-special permits. (a) The Chief of Police may issue a temporary permit for the overnight parking of a recreational vehicle if there is a finding that the vehicle is used on a daily basis for 05ord/chap 10-44 05 version/2/4105 I work and on-premise parking is not reasonably available. A permit issued based on this finding shall not be valid for longer than six months. (b) The Chief of Police may issue a temporary permit to pers/cipal y way of written statement from a licensed medical doctor, kept near a residence for medical reasons. SECTION 3. Section 10.44.065 of the Huntington Be is herebyamended to read as follows: 10.44.065 Exce tions. Section 10.44.060 shall not apply to (a) Recreational vehicles, or unattached boat or pers al water craft trailer, parked for the purpose of loading, or other short term use, pr ided that a permit has been issued in advance by the Chief of Police. A permit be issued for loading, unloading, or other short-term use not to exceed twenty-four urs,provided that no more than eight such periods are allowed in a calendar montV Such parking shall be limited to the area in front of the residence from which the oading or unloading will occur, or in reasonable proximity thereto if the front of tesidence is not available for parking. (b) Nothing in this ordinance shal a construed to permit sleeping in a vehicle prohibited by Section 9.54.010 of the Hun 'ngton Beach Municipal Code. (c) A permit may be issued or any oversized motor vehicle parked while used in performing or assisting in perfo ng services or repairs on residential property. The permit will be valid for 45 days will be renewed only upon proof that the vehicle is continuing to be used in performi the services described herein. (d) Any oversize motor vehicle which is parked for not more than twenty-four(24) consecutiv ours to make emergency repairs to such vehicle. Nothing herein shall be construe o permit violation of any restriction on vehicle repair elsewhere in the Hunting on Beach Municipal Code. /(e) Anonmotorized vehicle, such as a semitrailer, trailer, trailer coach, utility trailer, two re axle camper, or a one-axle camper which has been detached from its drawing le parked for a period not to exceed four(4) hours in any area other than a ntial district. ssive acts of parking witin atwo-tenths of a mile area shall be presumed to be a act of parking for purposes of this ordinance. versized commercial vehicle, including motor trucks, detached trailers or railers, as described in California Vehicle Code Section 260, parked for a period not f to exceed twenty-four(24) consecutive hours in a commercial district for the purposes of loading and/or unloading, or to furnish commercial service or repairs to a business. 05ord/chap 10-44 05 version/2/4105 2 i• r aVehl'* cle • Parking OW >......„ j F f. r - C= Y I a I City Council Meeting February 22, 2005 Why amend the ordinance? ✓ City streets are being used for long term storage of RVs . boats and trailers ✓ Current ordinance is confusing and dif f icult to enforce VMany RV owners do not support strict" enforcement of current ordinance History ✓ Proposed ordinance 2003 ✓ Community Meeting ✓ Enf orcement of " current law" with increased f ine ($ 76 ) ✓ Proposed ordinance August 2004 (Public information only) ✓ Community Meeting September 2004 ✓ Continued input and revisions ✓ Current proposed ordinance Our Goal ? ✓ Develop best possible ordinance for City of Huntington Beach ✓ Get ideas and suggestions f rom as many sources as possible • Letters, emails, individual and group meetings ✓ Committees formed and provided input ✓ Resolve as many issues as possible before council meeting Current Ordinance ✓ Residential areas ✓ Over 25' " no parking" • Exception RVs 24 hours for loading and unloading ✓ 25' and under 72 hours ✓ Unattached trailers 24 hours ✓ Enf orcement Problems? • Delayed complaints • Vehicles moved when marked • Out of city/neighborhood vehicles Draft Ordinance (August 2004) ✓ Applies to RVs as defined in Health & Safety code 20' and over , boats and personal watercraft ✓ Allows four 48 hour permits per month for each " residence" ✓ Permits can be used for residents or guests ✓ Reasonable proximity to residence ✓ Permit process [) raft Ordinance (February 2005 changes) ✓ Allows eight 24 hour permits per month for each ` residence" ✓ Includes medical exemption ✓ Includes exemption for daily use (work related?) ✓ Expanded citywide and addresses commercial vehicle parking ✓ Includes exemption for service and repair vehicles Unresolved Issues ✓Close proximity to residence ✓ 16 eight- hour periods? ✓Permits per vehicle instead of per residence? ✓ 25 feet versus 20 feet eA ;d �l 92 a Aj! �uap ! nouD.9w �Ey Momil ME- -IP m .. T �f mm E# e m. IF i i " ,Additional PVs ............. I .. .......... ........... ........... .................. �mq ................ P 01=� J !g[§ 34 ice.�,,*'.^�• �� rA» 1{ = y,3 i8f 3},4i; ttyy �n 4Y Support in Draf ting Ordinance );o, Traf f ic Bureau (Lieutenant Lindsey and Karen Peterson) ➢ City Attorneys Off ice (Sarah Sutton) )o- Residents and RV owners Questions? Bob Polkow 21772 Oceanview Lane Huntington Beach, Ca 92646-8215 is Home Phone(714)962-4810 Email RPolkow@aol.Gom L February 16,2005 All Council Members SUBJECT: Oposition to RV ordinance on 22 February,Agenda item No. r--, Council Member: I intended to submit this letter as a late communication so as to become included for the record. A longtime commitment to participate in the annual Indio Date Festival Parade may make submittal too early if the agenda is not made public soon enough. The parade is on Feb 21 st, so my return must be hasty to appear as a speaker for protection of the rights and privileges of recreational vehicle (RV) owners in our city as outlined in the California Vehicle Code (CVC). This code classifies RVs as well as all motor driven vehicles, even down to the small two wheel scooters from the largest oversize commercial and private vehicles. I moved to our city because I not only found a home that would accommodate parking of a travel trailer and boat my family owned at the time., but was in a city I thought exceptional. The CVC was the sole document that delineated the rules of the road concerning RVs. The city had in effect an ordinance that required RVs on private property to be on a paved surface. We paved our backyard with red clay brick for backyard storage and had the driveway widened to accommodate them until the backyard could be paved. We noticed that other RV owners, especially those located with access to backyards from a side street did the same. I can honestly boast that I have never intruded on my neighbors unofficial parking by even one inch, determined by drawing an imaginary line from the property line to the curb. At one period of time we owned three RVs, a pickup with a slide in camper, used for towing a boat and a travel trailer. Our children have all left the nest so like many others our age we have narrowed our RV activities to one 34 foot motorhome. The paved area in the backyard easily accommodates for it's parking and the side of our home on the street allows for the 72 hour parking as afforded all passenger vehicles. Our motorhome, housecar and other nouns used in the CVC is licensed by the State as an automobile. There is no restriction noted on it's registration slip as being oversized or requiring any other drivers license than the usual Class C license. The CVC requires special permits to use highways and sometimes are prohibited from traveling between dusk and dawn for "oversize vehicles". Passenger vehicles converted for human habitat, not over 40 feet in length excluding safety bumpers, or 102 inches in width are not classified by the State licensing authority as oversize. Our current code cites any RV over 96 inches wide as oversize. Practically all todays housecars, motorhomes, or whatever, are 102 inches in width. That makes the length stipulation irrellevant as all motorhomes, even those that do not exceed 20 feet are according to the proposed code "oversize". Another example on why the CVC should prevail and assure uniformity throughout the State as the professionals that draft the CVC state in the CVC General Provision, paragraph 21. Further, signs must be posted at street intersections, all of them, to make this restriction a violation. Is Huntington Beach going to become a forest of restrictive signs to enforce local ordinances. (CVC par.3 5100)? It seems the term "oversize" has been seized on to conveniently circumvent State code. I invite you to contact the Director, DMV, in Sacramento to verify this point, as I did. When I questioned my contact, Mr. Gary Oliver, he was puzzled why local authorities could call a 20 foot vehicle oversize as the proposed ordinance does. He did say that local ordinances that contradicted the CVC fell outside the purview of the DMV and suggested the State Attorney General should be contacted to confer with the local legal counsel. During the last 34 years in our city I know of 4 attempts to restrict the parking, not storage as many like to say, of RVs,. mostly by home owners associations that desire the city to enforce their CC& RS.. Of course this is unlawful as you know. One ordinance did pass while the wife and I were still working and were unaware of the machinations involved. It restricted motorhomes over 25 feet from parking in a spot more than 24 hours instead of the usual 72. When we inquired as to the reason. for it's passage we were told that the large 18 wheelers were using some streets in our city for "rest" stops and the restriction was really intended to target them. Apparently the council at that time were unaware that RVs had evolved to longer lengths as the restriction of RVs longer than 25 feet has been rescinded and 40 foot RVs are welcome to use our city beach parking area reserved for them. Apparently in our city staff the left hand does not know what the right hand is doing. When other ordinances were proposed they all were denied. When one was presente4d one of our former Chiefs of Police, Earle Robitaille, was a council member and along with Dr. Ralph Bauer chastised the staff for not conferring with council before their time was wastefully expended because of an exception that a home owners association was trying to correct penalizing all law-abiding RV owners throughout our city. If the usual pattern is followed staff will probably use a power point presentation as was the case when this RV "problem" was brought to council's attention. If so, I respectfully suggest that council ask the presenter how long the pictured RVs have been in the spot photographed, are they in front of the owners home or abandoned, in what way do they pose a risk to safety, are they on an arterial street, have they been reported by a resident as a violator of code or just randomly photographed and when, have the license numbers been checked with equipment provided by the city to ascertain their home address (this can be done in a matter of minutes), the Chief of Police has been quoted in the media as saying "if the RV owners would park in front of their own residence 90% of the RV problem would be solved" why has he refused to issue permits to RV owners to be displayed allowing them to do as the CVC authorized in paragraph 22507.2 as this same paragraph allows the city to recoup the cost of issuing said permit., and other questions that may clear the air and expose the true nature of the alleged problem that has taken up so much of the staffs time as compared to problems of a greater stature that may once again make our city rank among the highest as a safe city. At this point let me assure you my wife and I do not consider us as exceptional. We are just the average owner that enjoys the camaraderie one experiences in this activity, especially at our age when even the grand children have developed their own means of recreation. The younger generation should be encouraged to expose their children to family activities. These families do not produce gang members. Those that live in condominiums or apartments must, of course, store their RVs, sometimes many miles outside our city Those that were selective in buying homes with adequate parking and storing should not be targeted because out of town RV owners abuse the Rule of Law. On that score we firmly believe in the Rule of Law, not arbitrary laws to suit the needs of those in power. Specifically the CVC should be the Uniform Code of Law throughout the State as paragraph 21 in the General Provisions of the CVC stipulate. In contract terms we called the General Provisions the "boiler plate" of a contract, those that contributed to other sections of the contract could not contradict, so should it be with the CVC. If you have read this letter to this point I thank you but let me add a few more notes. As the wife and I drive through our neighborhood we often see the newer 40 foot motorhomes, some are "diesel pushers", and when we see the owners preparing them for a trip we do have a guilty feeling of envy but not distaste. We are Federal retirees. I had to accumulate 42 years to earn a moderate retirement annuity that cannot support the cost of these modern vehicles. We are shopping for a replacement of our 14 year old Winnebago. The smallest motorhome available that has the new slide-outs we desire is 35 feet. With a great deal of shopping and negotiating we have settled to purchase a 3 7 foot with all the slide outs available and comfort options we want for our winter years. It will still fit nicely in our backward and be almost out of site except for our neighbor directly across from our backyard. They have no qualms about the view. Some prefer trailers or fifth-wheels of about the same size. The State license for these and other size RVs are based,just as your home is, on price. We do not object to the generous retirement of our city's employees. They apparently have convinced our 3 i city's populace that their vacation, pay, and retirement are justified. Why can't these same employees I believe are drafting the proposed ordinance take the same stance? The statue that represents the justice system in our democracy is not only blindfolded but symbolically holds a double edged sword. The Rule of Law is not a one way path. I apologize for this wordy letter but the details and rationale could not be presented in 3 minutes. I earnestly ask that the 3 to 4 complaints a day received at the police desk, some possibly from the same spiteful individual, be dealt with by our police resources. Our elected representatives that the individual or minority depend on should take appropriate action to conform to the highly detailed California Vehicle Code and not only deny the proposed ordinance that conflicts with the CVC but instruct staff to purge other portions of our local vehicle code that contradicts the CVC. Should 1, as the proposed ordinance requires, go through "a mother may I"just to back my motorhome into the street prior to departing and, call in ahead of time when returning to park long enough to open the gates to store the vehicle? In addition the proposed ordinance goes so far as to emphasize this "mother may I" condition that limits, even though retired, how many times I will be given permission. This just doesn't make sense. The 72 hour parking, not storing, vehicles licensed as automobiles should all be afforded the same parking time regardless of their configuration. Isn't this the common sense approach, and take a solid stand that will set an example for our neighboring cities? Ordinances that effect all the electorate must, of course, be settled at the ballot box but when the rights of an individual or minority are threatened these must be settled by our elected officials obligated by their oath of office. Please do not take the easy way out. The difficult decisions sometimes may be painful but consider their adherence to our Rule of the Law throughout our nation. The checks and balances were well considered when the rights of the minorities were considered on par with the desires of those in power. RESPE TF LY: r 0 0 � OB KOW 21772 Oceanview Lane Huntington Beach Ca 92646-8215 (714)962-4810 3 ACTH's: Atch 1 CVC uniformity of Code 21 Atch 2 22507.2 of CVC Atch 3 copy of home brochure: ( CVC ) General Provisions Uniformity of code 2 1 . Except as otherwise expressly provided, the provisions of this code are applicable and uniform throughout the State and in all counties and municipalities therein, and no local authority shall enact or enforce any ordinance on the matters covered by this code unless expressly authorized herein. 22507 .2 notwithstanding subdivision (e) of section 22500, a local authority may, by ordinance , authorize the owner or lessee of property to park a vehicle in front of the owner ' s or lessee ' s private driveway when the vehicle displays a permit issued pursuant to the ordinance authorizing such parking. az�. The local authority may charge a nonrefundable fee to defray the cost of issuing and administrating the permits . A local ordinance adopted pursuant to this section may not authorize parking on a sidewalk in violation of subdivision (f)of section 22500 * i PLAN 2: Single story, 4 bedroom, 2 baths, "parlor," dining area, utility room, 2 car garage PLAN 4: Two story, 4 bedrooms, 3 baths, "Parent-Saver Retreat," formal dining room, breakfast nook, family room, utility room, 2 car garage PLAN 6: Two story, 4 bedrooms, (convertible to five) 3 `oaths. "Parent-Saver Retreat" apartment, :Y�') curved stairway entry, dining area, breakfast nook, 2 car garage Franciscan Fountains.. #NCLi1DED IN THE PURCHASE PRICE By*The "Terrace Kitchen'' with built-in Frigidaire " range. self-cleaning oven, dishwasher. Disposal, F'irepiace. Wall-to-wall carpeting. Complete 21852 4GEANOEW LANE fencing with gate. Underground utilities. (714) 968-1997 tatts, lotshave ten feet of side yard for) campers, storage, etc. PLAN 2: PLAN 4: PLAN 6: VA Jean Polkow 21772 Oceanview Lane Huntington Beach, Ca 92646-8215 Home Phone(714)962-4810 , Email RPolkow@aol.com C t� February 16,2005 SUBJECT: apposition to RV ordinance on 22 Feb Item No.G A The new RV ordinance proposed by our Chief of Police should be denied. If you do not agree please read the entire letter, if you agree then save yourself time and read no further. I realize the thousands of RV owners in Huntington Beach are a minority in a city of approximately 200,000, and in our country the majority rules , however, it is incumbent upon our elected representatives to be sure the rights of the minority are protected. Many of the RV owners live in gated communities or areas with adequate storage for their community, or with cc&rs however, there are a number that do not have that opportunity. Our city councils have for the past 30 years made sure the rights of the minority RV owners have been protected. Do. we now have a city council that only cares about the majority? I think not. Our elected representatives still work for all the people and must protect those rights. I saw one article that stated the police chief only cared about the majority I don't believe that. I saw another article about the 57 freeway extension where a citizen said it would only effect the owners along the Santa Ana River, and who cared about that because it was good for the entire town. These are the kind of people g p p that need to read the constitution. I do not know where all the RV s are stored on the streets, in 30 years I have seen one motorhome that I felt was moved from one place to another continuously to avoid over parking. The power point that our police presented last year to the council was not representative of"stored" motorhomes. According to his statement , it was just a few of the RV's he had seen that day, (but was there a check made of why they were there?) They were clean and for the most part well kept, they could have been legally there for there 24 hour time limit. This will not stop that from happening,just that individuals have to obtain permission from the police department to park there, but with the limits proposed on large RV's, I can leave my motorhome on the street for a longer period to load and unload. RV owners for the most part are a reasonable people and law abiding, I saw several owners measure their driveway and buy an automobile (RV) that would fit on their driveway to be law abiding citizens. If an automobile is parked on a driveway that slopes the vehicle must be moved into the street to allow proper cooling of the refrigerator before going on a trip. 1 If there is a part of town or some citizens that do not approve of automobiles parked near their homes, then let the city set up permit parking for those areas, do not punish the entire city. Also the same rules should apply to every automobile as it has in the past, not just ones that are used for recreation with your family, instead of letting our kids roam the streets. The code as set up in the California Vehicle Code should apply to everyone, an , oversized vehicle is one over 40 feet in length, excluding the safety bumper, 1 oa inches wide excluding mirrors, and 14 A�1n height. It also spells out the rights of horses in Chino, restrictions on certain streets in Santa Monica for heavy duty traffic, skate boarders, and other regulations in specific detail, but nothing in Huntington Beach that makes the distinction of Recreation vehicles, different than any other Automobile. We should have the same rights as any other passenger vehicle, but at least do not approve the new ordinance. Citizens have tried to abide by the codes as written but this new ordinance is just to restrictive, when I have to call the police before I can remove my legally licensed motorhome out of my yard that is unacceptable. Unlike Fountain Valley and other surrounding cities we are a beach city and depend on out of towners for added revenue, but I guess this city will only welcome visitors who will stay in our hotels, we should put up a sign "welcome to Huntington Beach but leave your playthings elsewhere." Either leave the old code in place or change it to make all automobiles (passenger vehicles) the same. The only restriction would be 72 hours and the above stated exceptions of 102 inches wide, 14 feet high, and 40 feet long. Most of the motorhomes are stored out of town and brought to Huntington Beach only when owners desire to go on a trip, some are stored as far away as San Bernardino, Cerritos, Orange, Palm Springs and numerous other places, as this town does not have storage facilities to accommodate these owners, yet I do not believe any citizen, even those opposed to RV's, would hesitate obtaining a cup of coffee or food if we have a disaster. When we moved to Huntington Beach in 1970 we checked the local ordinance before buying here, at that time we owned a 24 foot boat and a 22 foot travel trailer. Shopped for a place that would allow us to park in our back yard. Installed a 20 foot gate and kept them in our yard. Shortly after moving here we bought a camper what was 23 feet long and drove it to work daily. In 1975 the last major change was made to the ordinance. A group of citizens and staff worked together for 6 months to come up with an ordinance that would be compatible. (at that time most motorhomes were under 25 feet) The ordinance was mainly trying to keep large trucks out of residential neighborhoods. When Ruth Finley was mayor an ordinance was proposed changing the width to 84 inches (this was also geared at large trucks) when I explained to her this would effect all RV's she killed it immediately saying she did not want to hurt the RV owners. I believe it was when Dave Garofalo was mayor there was another proposal, and he said he did not think it right to change anything retroactively, if they wanted to make restrictions on new owners that might be acceptable. When Linda Moulton Patterson was mayor, because one RV owner in Meredith gardens did not park his motorhome to the liking of his neighbor, (bye the way that homeowner was taken to court and won) I noticed a few weeks ago his motorhome is still parked in the same place. Staff tried to change parking on all owners property, this met with Linda Moulton Patterson saying this was a dead issue. If this new ordinance passes I believe any owner receiving a citation when taken to court would prevail. This new ordinance I believe was primarily started because Joey Racano was living in his motorhome all over the city and the police were unable to enforce the existing laws, (it is illegal to sleep in an RV in the street overnight now). If they cannot enforce existing laws why make more confusing laws that will not work? Why are the thousands of RV owners in Huntington Beach, who obey the law now being discriminated against because the 3 or 4 calls a day the police say is to difficult to enforce? How many calls a day do they receive on other parking violations? That pales in the face to the oW pickups over 24 feet in length that can park on the street, I drive a small car and the pickups, SUVs and other large cars block my view just as much as an RV. According to the California Vehicle Code it is the responsible of the driver to safely_exit from any place, regardless of view. The current code says any vehicle over 25 feet is oversized. Now they are discriminating just against RV owners. I do not now own a boat, trailer or camper, and my motorhome is 34 feet and stored in my backyard. If this new ordinance is approved, after ending our career so we no longer have to arrange with a superior for time off we can leave or return at a moments notice. My motorhome is registered as an "automobile" and should have the same rights as any other automobile. The annual license fee is greater than most cars and I do not see the city turning their portion back to the state because I have lost my privileges. I am required to park on the city street to attach my dinghy and close my gate before leaving, and I am not allowed to do this unless I call and get permission from our local police department, to park my automobile on the street long enough to prepare to leave. In addition We belong to Homeland Security and our motorhome is a licensed coast guard radio communications facility and if a disaster occurs we could a� any time have to move somewhere for communications where needed. When we owned our boat it was also a facility and my husband left work one day and went 13 on patrol (still wearing his suit) leaving from work to help with the airplane disaster off the coast and recovered the Air Mail and other small objects for the coast guard as their Coast guard cutter was too large to locate small items. We also keep emergency food and first aid equipment in our RV and I am sure many others do also, as in the Northridge earthquake RV owners furnished coffee, pot luck dinners and many other needed services for people. The above information is submitted primarily for the newly appointed members as I am sure that most council members are well aware of my position. Again I stress do not approve the new ordinance. RESPECTFULLY SUBMITTED: can Polkow, 21.772 Oceanview Lane, Huntington Beach, Ca 92646-8215 (714)962-4810 FEB-22-2005 11 :03 AM BOB. POLKOW 714 962 4810 P. 01 Bob Polhow 21772 OCeenview Lena Huntington Beach,Ca 92(346-6215 Home Phone(714)962-4810 - Email RPOIkoweaol.com LJU) i LU L j February 22,2005 TO: City Clerk FROM: 130E POLKOW 714 374-1557 714 962.4810 The following is submitted in opposition to item G2a on 22 Feb council agenda. FED-22-2005 11 :03 RM BOB. POLKOW 714 962 4810 P . 02 SUBJECT: Unanswered Questions TO: All City council members Why is the definition of a passenger car converted for habitat taken from the Health and Safety code of the California Vehicle Code (CVC)? The Health and Safety code is just as the title implies, It defines the floor space, minus cupboards etc. requirement for fire extinguishers and other specifications affiliated with � Health and Safety The General Provisions par. 262 defines a vehicle designed for:habitat as a housecar and par.465, same General Provisions, defines a housecar as a passenger vehicle. Any owner ofa so called recreational vehicle can show any interested party that his converted "housecar" is licensed by the State as an automobile, by displaying his registration form. Such vehicle, in order to use all thoroughfares must not exceed 40 feet in length or 102 inches in width, CVC,par.35406. Chapter 7, par. 22507,2 authorizes local authorities to issue permits for owners of passenger vehicles to park in front of the owners residence. The cost may be defrayed by charging for the one time issue. Why has our Chief refused to comply? The term "passenger" vehicle is further delineated in the "Motor Vehicle Damage Control Section" but has no bearing on the current existing or proposed ordinance. It is sometimes cited as the Greene- Harmer Motor Vehicle Damage Control Act and was passed to control just as the title implies. It was passed to protect vehicle owners from abusive labor charges brought on by unscrupulous car repair facilities, The definition. of"combination of vehicles" is also defined in this area. It is also designed to assure safety features are included in vehicle construction. Streets,-not city entrances, must have signs enacted to prohibit vehicles over 96 inches in width from parking. The tenn "street" is defined in the General Provisions, par.590, FEE-22-2005 11 :04 AM EOS. POLKOW 714 962 4510 P. 6s The words "numerous" and "many" are variable or comparative in meaning as used in the "Request for Action" addressing the need for a code revision. Other words such as "often times", "difficult" are also used. Why does this Request use such words when the writer complains that"Movement" is too vague and must be more concise? The word"movement" seems to me to have only one meaning. In my opinion, the Chief is right the current code should be scrubbed. It conflicts with the CVC and Huntington Beach is not authorized to do so, Ref CVC, General Provisions, par 21. All matters that are contrary to code limitations in the CVC should be rescinded and our city vehicle code should be as it was when I moved my family to our great city;the CVC was the only vehicle code used by our safety employees. Why is the Chief of Police and his staff preparing codes. His office is charged with enforcement not legislating. Do we not have traffic engineers on staff? Other city's use traffic engineers. What makes our city stray from the obvious and established legislating? The term "movement" that seems to bother our new Chief was originally included in the CVC to assure our streets and thoroughfare would not be cluttered with abandoned or derelict vehicles. If the owner moves the vehicle, perhaps just around the block. That would certainly equate to 0.2 of a mile, and parks in front of or next to his or her own residence in the same spot before moving does that not constitute compliance with the requirement to move every 72 hours? Is it the fact that the,owner of the vehicle can so easily comply with the letter of the law irritate our Chief so he wants to make the CVC parameters irrelevant and substitute a more complex, difficult, code requirement that will probably cause neighborhood feuds? I never have and never will park in front of a neighbors home. The Request For Action proposes as "Alternative Actions (3) to not adopt ordinance 31.99 ( the proposed code). I would respectfully offer a different alternative. Z, FEE-22-2005 11 :04 AM BOB. POLKOW 714 962 4810 P. 04 Rescind all provisions in our city's current code 10.44 and comply with Chapter 7, par 22507.2. The Chief has been quoted in the media as saying "if recreational vehicle owners would park in front of their own residence 90% of the problems would not exist". Why then do we not take this opportunity to solve our so called recreational vehicle parking problems lawfully by using this code as a city ordinance. An addendum could be lawfully added that the only exceptions would be when the recreational vehicle owner has explicit permission from his neighbor to infringe on an area. in front of the neighbors home. Sounds simple doesn't it? It is always the simple solutions, in my experience, that are overlooked. Why must we spend weeks even a year, as the Chief says he has, preparing complicated parameters? As a matter of note, I have heard that those 3 to 4 chronic complainers refer to the RV owners as the "Minority":. This is puzzling, as their complaints that the Chief refers to as "many" compared to the thousands of RV owners in any sense of the word "makes them the minority" Certainly compared to the entire population of our city the RV owners that are being targeted because of out of town scofflaws are the minority but let us keep everything in the proper prospective. T"he city council of Fountain Valley placed an RV ordinance on the ballot instead of dealing with one RV issue. Of course the RV owners were outnumbered at the polls. The city council knew this and used an easy way out instead of facing the issue to protect the rights of the individual or minority group. As a result those that cannot find a place to park their vehicles are jeopardizing the RV owners of our city. Why doesn't the Chieftarget these out oftowners instead of RV owners in his own city that have lived with, what 1 believe is a non-conforming ordinance with State guidelines, for the past 25 years? FEB--22-2005 11 :05 AM BOB. POLKOW 714 962 4010 P. 05 Steve Greenhut hit the nail on the head with his column in the Commentary Section of the Register, Stun, 20 Feb. The continual layering of restrictive regulations such as anti-business, anti-home building and affordable housing and many other anti in nature issues including our city's anti-RV proposal is a cancer that will eventually destroy our tax base and,in my opinionadestroy the image our city is trying to project, Many States and City's and military units have nicknames they have earned such as the "Show Me" stare, the "Land of Lincoln" state and one military unit is called "Can Do" group. Soon Huntington ,Beach will have it's copyrighted title "Surf. City" become the "Can Not" city,. The people in our city generally like the Chief but his stance against beach fireworks and now this ordinance against RV owners seems to be a new path he has chosen to follow. One wonders who is pushing him in this negative attitude toward the desire of the people. Many of us yearn for the city councils past such as Grace Winchell, Ruth Finley, Linda Moulton Patterson, Dr Ralph Bauer, former Chief of our police Earle Robitaille (despite his gruff attitude), Dr. Peter Green, Jack Kelley and the although somewhat subdued Dr. Dave Sullivan, Many of us remember Dave Sullivan being yelled at by police in the audience to "go back where you came from" when he opposed their Police Officers Association. When this occurred I turned to my wife and said "those actions and words make a nice role model for our kids to mimic don't they?" When Ken Small was chosen his first impression, I think was, that type of attitude would not be tolerated. I guess I was wrong again as now a 25 year old questionable ordinance is suddenly "too difficult to enforce". However, those of us that remember their old actions to protect the rights of the individual, are hoping our new and younger city council will demonstrate the same compassion and sagacity as their predecessors and not let a few chronic complainers be the cause of more restrictive layering of city ordinances. FEE-22-2005 11 :06 AM BOB. POLKOW 714 962 4810 P. 06 I hope you will solemnly peruse our State Vehicle Code and determine if it indeed is sufficient to enable our law enforcement to do their assignments, it is conveniently revised every 2 years. Why not let the State professionals keep the code current with changes to vehicles and speed laws and all other matters pertaining to our city streets and highways? Some of the details are included that give certain city's the authority to pass ordinances unique to their needs. For example the city of Norco is given permission to pass ordinances to protect the safety of their equestrians, the city of Santa Monica is given permission to restrict heavy vehicles from using certain streets in the city. These are examples that apply to city's in our area but city's throughout the State are given authority to deal locally with difficult situations unique to their topography or activities. In the entire voluminous State Code I cannot find one mention of Huntington Beach being given permission to enact any restrictive ordinance that is already covered in the State code (Ref CVC, Gen. Prov., Sec 21,E Let us let good legislative rationale prevail and instead of emulating wrong turns taken by some of our neighbors and set an example that will withstand any judicial Challenge. I believe every city council member should be provided a copy of the California Vehicle Code. They are available for a 6 dollar cost at any Department of Motor Vehicle Office. Considering other expenditures recently approved. the General Fund can easily withstand the cost and the benefit to the electorate would be immeasurable. I apologize for interrupting your long weekend by this E-mail so if you do not have time to digest it or bother reading it I will understand. I will send a copy to the city clerk so it can be included as a late communication. My wife and I have attended the ad hoc meetings by the small group represented by Peter Petrelis, Please be assured that the proposals and attitude of those self L FEB-22-2005 1 1 :07 AM BOB. PULKOW 714 962 4810 P. 07 I hope you will solemnly peruse our State Vehicle Code and determine if it indeed is sufficient to enable our iaw enforcement to do their assignments, it is conveniently revised every 2 years. Why not let the State professionals keep the code current with changes to vehicles and speed laws and all other matters pertaining to our city streets and highways? Some of the details are included that give certain city's the authority to pass ordinances unique to their needs. For example the city of Norco is given permission to pass ordinances to protect the safety of their equestrians, the city of Santa Monica is given permission to restrict heavy vehicles from using certain streets in the city. These are examples that apply to city's in our area but city's throughout the State are given authority to deal locally with difficult situations unique to their topography or activities. In the entire voluminous State Code I cannot find one mention of Huntington Beach being given permission to enact any restrictive ordinance that is already covered in the State code (Ref. CVC, Gen. Prov. Sec 21.) Let us let good legislative rationale prevail and instead of emulating wrong turns taken by some of our neighbors and set an example that wi 11 withstand any judicial challenge. I believe every city council member should be provided a copy of the California Vehicle Code. They are available for a 6 dollar cost at any Department of Motor Vehicle Office. Considering other expenditures recently approved the General Fund can easily withstand the cost and the benefit to the electorate would be immeasurable. I apologize for interrupting your long weekend by this E-mail. It is understandable If you do not have time or bother reading it. I will send a copy to the city clerk so it can be included as a late communication. My wife and I have attended the ad hoc meetings by the small group represented by Peter Petrelis, Please be assured that the proposals and attitude of those self FEB-22-2005 `11 :07 AM BOE. POLKOW 714 962 4810 P. 08 appointed individuals do not, as my wife and I witnessed the attitude of the attendees, represent the feelings of the majority of RV owners. The majority felt that the CVC was adequate and compromise was not their choosing. RESPECTFULLY SUBMITTED: BOB POLKOW, 21.772 Oceanview Lane, Huntington Beach, Ca 92646-8215 (714)962-48I0 FEB-22-2005 11 .08 AM BOB. POLKOW 714 962 4810 p' 09 mollillmimmmillsmoil I REGI RATION 0AXID VALID PR .- 06/08/2DD1 TOE t�6/08J2© T2 MAKE YR MODEL YR 1ST SOLD YLF CLASS TYPE VEN 7YP'E L►C LICENSE 1 ELAND 1991 1991 TQ 11 2WJZ6 BODY TYPE MWEL MP MD ANICLE ID Nf1P1l9ER MR G C;S 1198XP37NIM33008 TYPE VEHICLE USE DATE ISSUED CC/ALCO DT FEE RECVD PLC STICKER ISSUED ActTTOMOSILE 05/03/01 30 05/03/01 8 L2506807 PR EXP DATE: 06/08/: REGISTERED OYNER AMOUNT POLKOW RQBERT A OR LULA E $ 21772 OCEANVIEW LN AMOUNT DUE AMOUNT RFCVO $ CASH CHCK HWTINGTON BE CRDT CA 92646 c 0 94520 HUS C78 St 0010100 0003 Cm H05 050301 11 2WJZ621 Vi rr iJ ,FTY Uf 'UE CH, CA tli( i ii-I.a i � L l P ' 1 February 14 , 2005 FROM: George Border 5532 Wendy Cir. Huntington Beach CA 92649 --�TO: Mayor Jill Hardy City Council Member. Keith Bohr City Council Member Debbie Cook City Council Member Dave Sullivan City Council Member Gil Coerper City Council Member Cathy Green City Council Member Don Hansen I am writing to give my opinion on the 8-day RV parking per month as being unacceptable; while 16 days per month seems more acceptable. Larger RV owners who like to keep their rigs looking nice park their RV in the street for cleaning and maintenance , for loading and unloading and need at least 16 days per month. When taking RV out of storage it takes longer than 2 days per week to load and unload. To curtail non-residence from parking on city streets , the city could issue a parking permit for residents. Unresolved Issues ✓Close proximity to residence ✓ 16 Twenty-four hour periods? II__) 7 ✓Permits per vehicle instead of per residence? �' ✓ 25 feet versus 20 feet Fikes, Cathy To: CITY COUNCIL Subject: RV Ordinance Mr. Lane Ferm left a message regarding RV Ordinance. Some of his comments were: • Good idea but poorly written. There is a better way of doing it. • Pretty bad ordinance. Will make problem worse; create more complaints • City Council should defeat it and come up with a better ordinance He said he hopesi his viewpoint will be taken into consideration because he is a voter and will be watching results. C� u� Lij RECENEU FROM EETNG AS PUBLIC RECORD FOROF C cJTV CLERK E 16 DAYS PER MONTH RV PARKING jc)!N L.FLYNN,CITY CLM Ray Bishop I fully support the concept of not having oversize Recreational Vehicles continuously parked on city streets; however I believe that, for Huntington Beach residents who own RV's, certain allowances in the ordinance must, in all fairness, be made for appropriate use and storage of these vehicles. I have been a home owner and resident in Huntington Beach for 40 years. I have enjoyed RVs during these years, and currently have a 24 foot camper. In addition to using our RV for pleasure trips or work(ex. temporary out of the area work-sites) several of us RV owners use our RVs for community services where groups of children and/or adults use the RV toilet and refrigerator during sports events or tour gathering locations where there are no such facilities available. Each activity or trip requires loading and unloading the RV at home. I do,however, move the RV to our home to load it for trips, to unload it when I return and when it needs minor service that I enjoy doing myself. When I prepare for a trip, it can take a few days to get everything loaded and stowed including water.. Once the RV is connected to 120 volt power at our home, it takes at least a day for the refrigerator to become cool enough to accept perishable food. Before and after each trip or activity the RV is parked in the street directly in front of our house for servicing.. I have seen a draft of the ordinance that limits the number of days per month that residents' oversize RV (although not mentioned,plus any RV visiting guests?)will be allowed to park in front of their homes to eight days per calendar month. It also does not state that more than 24 hours parking is allowed per permit. I sometimes need 2 to 3 days to prepare the RV for a trip and a similar period to unload and clean. The 8 days per month is unacceptable in that RV owners need to have much more flexibility, sixteen days to be specific. I would not expect to use 16 days every month, but on occasion during the summer months I can see where it may be necessary. Setting the maximum number of oversize RV parking days at sixteen will not interfere with the intent of the ordinance which is to stop permanent storage of the oversize RV's on city streets. I have been told that the Police Chief intends to have RV owners phone the police department or use the Internet to notify the department when parking time (a permit)will be needed. I strongly urge you to do whatever is necessary to amend the wording to "sixteen days" and to allow more than 24 hours per parking permit. Thank you for your understanding. Hopefully, Ray Bishop Address to the Huntington Beach City Council; City Council Meeting, Feb. 22,2005 E MOM Subject: RV Parking Ordinance RECORD Speaker: Dick Lenell, 39 year resident of Huntington Beach C"CLERK OFFICE JOAN L.FLM Cr1Y CLERK Madam Mayor, City Council Members, and Staff From the beginning of the effort to revise the RV parking ordinance last summer, it has been obvious that the real agenda is to get RVs off the streets of Huntington Beach. Some citizens and some city leaders just don't like the appearance of RVs parked on our streets. It is an aesthetic values issue. There has been no other substantiated basis for these parking restrictions other than aesthetics. The problem is there is no way to make objective laws regarding aesthetics. In 1976 the city of Euclid, Ohio tried to uphold a strict RV parking ordinance. A state appellate court ruled that zoning restrictions for purely aesthetic reasons are unconstitutional and that decision was validated by both state and U.S supreme courts. * It is true that there have been some that have abused the privilege of parking RVs on the street;these are mostly non-residents of Huntington Beach, some illegally living in their RVs. These issues should be addressed by existing laws and an ordinance tailored to the abusive situations. This was initially one of the main targets of the new ordinance. Chief Small has told us that a large majority of resident RV owners do not pose a problem to RV parking in Huntington Beach. But the new ordinance, as written, targets all RV owners in this city as well as the abuse situations. I am not a lawyer, but I would think an ordinance could be constructed that would address the parking abuser without restricting others who are not part of the problem. The RV parking issue is plainly a discrimination issue. RV owners in this city are a minority. In a democracy it seems it is fairly easy for the majority to step on the rights of a minority class. In both our national and local scenes, this has been an ugly part of our history and it continues to the present day. The cornerstone of a democracy should be the exercise of freedom for all, not the suppression of rights and freedoms for selected minority classes. Some people like to complain, others are willing to"live and let live". We all have our personal preferences. We are all"offended" in some way or other by the behavior, appearance, beliefs, likes or dislikes of other people, but in a free society we have learned to accommodate each other so that we may all be free and not have to live under the dictates of another's personal preferences. We make laws to prohibit the encroachment by others upon our property and our person, and for our mutual safety, but not for personal preferences. In this day we are constantly reminded of the importance of"Tolerance"as well as diversity. Employers, politicians, social pundits, are pressing us to be tolerant of others. Why doesn't this apply to the complaining citizen who doesn't like RVs? Tolerance means just that. You don't have to like it;you don't have to approve of it; you don't have to embrace it; in a free society, you just have to tolerate it. We could learn a lot from crayons. Some are sharp, some are pretty and some are dull. Some have weird names, and all are different colors, but they all have to live in the same box. R.Lend 1 1 20262 Wind Cave Ln. Huntington Beach 714 962-6394 Address to Huntington Beach City Council, City Council Meeting, February 22, 2005 Subject: RV Parking Ordinance Speaker: Peter Petrelis, Chairman HB RV Owners Committee, 39-year resident of BB Honorable Mayor, City Council Members, and Staff The new requirement to park in front of the owner's residence will solve most of the RV parking problems in Huntington Beach The restriction on the number of permitted days per month (coupled with the very restrictive greater than 20 foot length new definition of oversize RV)will require off-street parking(storage)of all RVs. Finding sufficient additional storage will be a major problem The proposed new ordinance that limits street parking of RVs to 8 permitted days per month per residence is very stringent and will restrict the legal use and enjoyment of RVs for quite a few residents and their RV guests. We urge you to increase the limit to 16 days per month. Many of our members have stated that they require 2 to 3 days before a trip and 2 to 3 days on the return. It takes at least a day to cool down the refrigerator before food can be loaded. Many RVs are stored out-of-town at some distance from the owner's residence. Many RV storage yards are not open 2417, closing at night and holidays. Eight days per month would limit RVers to one and possibly two trips per month! The wording in section 10.44.065, "A permit may be issued for loading, unloading, or other short- term use not to exceed twenty-four hours, provided that no more than eight such periods are allowed in a calendar month"does not specifically state that 24-hour increments can be combined in a contiguous manner. In fact, it says the opposite! Since we are told days can be combined in a contiguous manner, we strongly feel that the ordinance should clearly and specifically state in plain English that the 24-hour increments can be combined in a contiguous manner. A comparison of ordinances for nearby cities reveals that the new Huntington Beach ordinance as currently written is much more restrictive. Fountain Valley, Costa Mesa, and Newport Beach define oversize RVs as in excess of22 feet in length. Only Seal Beach with its very tight narrow residential streets has a 20-foot definition and does not allow RV street parking between the burs of 2AM to 5AM. Newport Beach and Costa Mesa allows 24-hour parking without a permit, and 72-hours with a permit. There is no limitation on the number of days per month. Fountain Valley issues street parking permits to residents in eight 36-hour increments per month plus an additional three 24-hour parking permits for out-of-town RV guests. This provides up to 15 days per month. Therefore, we strongly urge you to amend the proposed ordinance to clarify the intent and to allow 16 days per month per residence. (the residence allocation must be shared ammng multiple RVs, watercraft, and RV guests). We view 8 days per month per residence to be very restrictive, and near punitive on the law abiding RV residents. Thank you, Peter G. Petrelis RECEIVED FROMyma� UNC mCIE NQ AS pUBLIC REM22 aTy r C Of CE JOAAN L CITY CLWA FROM ,4LIC RECORD FOR COI,�MCILw awn CITY CLERK OFWE "N L.FLYW CRY CLERK Mayor Hardy... --------------- Members of the Council Chief Small and Mr. Petrelis ---------------------------- ------------- -------------- First of all, I must thank you sincerely for the amount of time and effort that you have put in trying to work out a set of rules that we can all live with. I am aware that things are not always handled that way in other cities. --------------------------------------------------------------------------- Having said that, I do see a "Devil" in one of the details: Since our retirement, my wife and I have been best able to travel in a motorhome. We don't have to eat food that upsets our old stomachs, or sleep in unfamiliar beds, and so on, and it's great. However, things like unexpected weather, roads under construction, and traffic problems do throw you off schedule. A permit that is good only for 24 hours, that you obtained before you left home, could be a real problem if you get home even one day late. If we could call in the day we actually arrive, or the next morning, if we get home late, it would be more realistic. Even the process of loading up, at the beginning of a trip, can throw you a knuckleball, every once in a while. Just checking and f adjusting the tires takes longer than it does with a car. They are bigger, and there are more of them, and three times the pressure. It takes several hours to pull down the temperature in the refrigerator before you can put food into it. There is cleaning to do, inside and outside, clothing and supplies to load, and so on. ------------------------------------------------------------------------------- I have just two suggestions: Please make the basic permit a 48 hour permit, so we don't get stressed out and forgetful, trying to get everything done in the hours allowed, just before we hit the road. And, please allow us to phone in for our permit dates, when we finally get home. Rolland Boepple 17972 Larcrest Circle Huntington Beach, CA 92647 (714) 848-1239 -CEIVED FRO M . �0 1'erl „s PUBLIC RECORD FOR aMEETW OF "a ; . Cl7Y CLERK CF ICE JOM L FLYW CITY CM Good evening Mayor and members of the City Council My name is Michael Cohen. I have been a resident of Huntington Beach for 24 years and I am the owner of a 33-foot motorhome. Please allow me to pass on my point of view on the proposed changes to the Recreational Vehicle parking ordinance. I fully support the concept of not having oversize RV's continuously parked on city streets; however I believe that, for Huntington Beach residence who own RV's, certain allowances in the ordinance must, in all fairness, be made for appropriate use and storage of these vehicles. I store my motorhome at "RV and Boat Storage" on Newland when it is not in use. I do, however, move the RV to my home to load it for trips, to unload it when I return, and when it needs minor service, which I enjoy doing myself. Often, for a long trip, it can take a few days to get everything loaded and stowed (some of us just don't move as fast as we used to). It is also brought to my home before and after it needs to go in to a service center to unload the valuables, then again to reload. Once the RV is connected to electricity at my home, it takes a day for the refrigerator to become cool enough to accept perishable food. I have had an opportunity to view the proposed changes to the ordinance and I see that a limit on the number of days per month that a residents oversize RV will be allowed to park in front of their homes will be set at eight. This is unacceptable in that motorhome owners need to have the flexibility of at least sixteen days. I can honestly say that I will most likely seldom use sixteen days in any one month, but on occasion I can see where it may be necessary. I understand that according to Chief Small, setting the maximum number of RV parking days at sixteen will not interfere with the intent of the ordinance which is to stop continuous storage of the oversize RV's on city streets. I strongly urge you to amend the wording of the ordinance to "sixteen days". Thank you for your understanding. Dr. Michael Cohen 19741 Ehncrest Lane Huntington Beach, CA 92646 (714) 964-9173 Recreational Vehicle Parking ll�, Recommended Revisions to HBMC 10.44 �j y August 2, 2004 We Have a Problem .1 ;xIl , f fSrs �il q Y �W t i Ili Yy 1 3 33 1 ".y.�°70,-7 s' ^`.`.' MEN d _ Citystreets are beingused f or story e 9 of RVsI boats and trailers Problems Caused? ✓ Deterioration in appearance of residential and business neighborhoods ✓ Complaints f rom residents and businesses ✓ Persons living in RVs ✓ Current ordinance ineffective ✓ Dissatisf action with city response to problem Problems with Current Ordinance ✓ Over 25 ., 24 hours ✓ 25' and under 72 hours ✓ Vehicles moved when marked ✓ No restriction on location parked ✓ 5 to 10 complaints per day ✓ Enforcement is dif f icult Proposed Ordinance ✓ Applies to RVs as def ined in Health & Safety code 20' and over , boats and personal watercraft ✓ A l lows four 48 hour permits per month for each " residence" ✓ Permits can be used for residents or guests ✓ Reasonable proximity to residence ✓ Successive acts of parking within two-tenths mile What's Next .) ✓ Community meeting to review ordinance and solicit input • September 21 , 6 :00 p.m. • City Council Chambers ✓ Review of f inal draft by City Attorney and Police Department ✓ Request for Council Action �. 0 +_ C1 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 10.44.060 of the Huntington Beach Municipal Code is hereby amended to read as follows: 10.44.060 Oversized vehicle parking regulations. No person shall park or leave standing upon any public street or highway in a residential district: - (a) Any motor vehicle over twenty-five (25)feet long measured from the extreme forward point to the extreme rear point, including extensions; (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; or (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. (f) 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 set forth in California Health and Safety Code Section 18010 or successor statute. SECTION 2.. Section 10.44.065 of the Huntington Beach Municipal Code is hereby amended to read as follows: 10.44.065 Exceptions. Section 10.44.060 shall not apply to the following: (a) "Recreational vehicles," as defined by California Health and Safety Code Section 18010 or successor statute, or unattached boat or personal water craft trailer,parked for the purpose of loading, or other short term use, provided that the following permit has been issued in advance by the Police Department: A permit for loading, unloading, or other short-term use not to exceed forty-eight - ---hours,-provided4hat ne-morre t1_. -auch-periodsamallowwed-in-a-calexdar- -- --- --- - month. 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 or; 03"Nchap 104447/8104 1 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. (b) Any oversized motor vehicle parked while used in performing or assisting in performing services or repairs on residential property; (c) Any oversized motor vehicle which is parked for not more than twenty-four (24)consecutive hours to make emergency repairs to such vehicle. Successive acts of parking within a two- tenths of a mile area shall be presumed to be a single act of parking; and (d) 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 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 day of , 2004. Mayor ATTEST: APPROVED AS TO FORM: City Clerk Ci AttorneyTo REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Police Chief -� -0 a3ordu� io aan�staa 2 ORDINA CE NO. LEGISLATIVE DRAFT Chapter 10.44 PARKING--TIME LIMITS (255-2133,276-11/25,322-1/29,373-7134,533-7148,566-11150, 1155-8/65, 1935-11174,2115-11 U6,2177-5/77,227"/78, 2514-12/81,2644-12/83,2692-7/84,2795-10185,2855-12186,3011-9/89,3136-5192,3257-11/94,3336-12/96) 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 10.44.065 Exceptions 10.44.070 Arterial highway oversize vehicle parking regulations 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. (276-11125,322-1/29, 533-7/48, 1155-8/65,3257-11194) 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. (27&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. (1155-8/65,2276-5/78) 10.44.060 Oversized vehicle parking regulations. No person shall park or leave standing upon any public street or highway in a residential district: (a) Any motor vehicle over twenty-five(25)feet long measured from the extreme forward point __- to th_e extreme rear-point,_including,g-exxtensions;------_._.----------..._--.___ --- ----_- (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; legisdrfth=1044-LD 04 version 1 i (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; or (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 fe f aper-ied net to a „ d t,,e fit., f (24) 1,ou (1935-11/74, 2115-11176, 2514-12/81, 2855-12/86) (f) Any "recreational vehicle V)", over twenty (20) feet long measured from the # extreme forward point to e extreme rear point, including extensions. The term "recreational vehicle (RV)" shall have the same meaning set forth in California Health and Safety Code Section 18010 or successor statute. 10.44.065 Exceptions. Section 10.44.060 shall not apply to the following: (a) , 5 "Recreational ve is es," as efined by California ealth and afety Code Section 18010 or successor statute, or unattached boat or personal water craft trailer; parked for the purpose of loading, or other short term use, provided that the following permit has been issued in advance by the Police Department: A permit for loading, unloading, or other short-term use not to exceed forty-eight hours, provided that no more than four such periods are allowed in a calendar month. 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 or; Nothing in this ordinance shall be construed to permit sleepin in a vehicle prohibited by Section 9.54.010 of the Huntington Beac Municipal Code. (b) Any oversized motor vehicle parked while used in performing or assisting in performing services or repairs on residential property; (c) Any oversized motor vehicle which is parked for not more than twenty-four(24) consecutive hours to make emergency repairs to such vehicle. Successive acts of parking within a two-tenths of a mile area shall be presumed to be a single act of parking; and (d) 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 Upar-ling within-a-twv-tenths-of—a mile area-shall be presumed--to bey single act of parking IegisdrRhnWW-LD 04 version 2 • 10.44.070 Arterial hi hway oversize vehicle parking_regulations. a Except as provided in subsection b and c hereof, no person shall ark or leave standing � ) P P { ) { ) P P g upon any arterial highway between the hours of 9 p.m. and 5 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 Solsa Chica Street Hamilton Avenue Ward Street Brookhurst Street Heil Avenue Warner Avenue Bushard Street Indiana olis Avenue Yorktown Avenue Center Avenue Magnolia Street (2177-5/77,2644-12/83,2692-7/84,2795-10/85,2855-12186,3011-9189,3336-12l96) (b) In case of emergency, oversize vehicles shall be removed immediately if between the hours of 9 p.m. and b 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. (3336-12196) (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. (3336-12196) legis&W=1044-LD 04 version 3 Huntington Beach Municipal Code 10.44.010-10.44.060(c) haprer 10.44 PARKING--TIME LIMITS (255-2133,276-11/25,322-1129,373-7/34,533-7/48,566-11/50, 11554Y65, 1935-1 5-11/76,2177-5177,2276-5/78, 2514-12/81,2644-12183,2692-7184,2795-10/85 855-12/86, 11-9/8 3136-5/92, 257-11194,3336-12/96) 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 10.44.065 Exceptions 10.44.070 Arterial highway oversize vehicle parking regulations 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, 533-7148, 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 harking. 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. (255-2123, 566-11/50, 1155-8/65) 10.44.040 Two-hour parkin g,. 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. (1155-8/65,2276-5/78) 10.44,060 Oversized vehicle parking regulations. No person shall park or leave standing upon any public street or highway in a residential district: (a) Any motor vehicle over twenty-five (25) feet long measured from the extreme forward point to the extreme rear point, including extensions; (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; 12/94 10.44.060(d)-10.44.060(b) Huntington Beach Municipal Code (d)Any motor vehicle which is designed, used or maintained as farm machinery or a special purpose or equipment machine; or (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 for a period not to exceed twenty-four(24)hours. (1935-11174,2115-11/76,251 4-1 218 1, 2855-12/86) 10.44.065 Exceptions. Section 10.44.060 shall not apply to the following: (a) Any oversized recreational motor vehicle,as defined by California Healtjl and Safety-Code section 18010 or any amendments thereto, while parked or standing for the purpose of loading or unloading passengers or property for a period not to exceed twenty-four(24) hours; (3136-5/92) (b) Any oversized motor vehicle parked while used in performing or assisting in performing services or repairs on residential property; (c) Any oversized motor vehicle which is parked for not more than twenty-four(24)consecutive hours to make emergency repairs to such vehicle; and (d) 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. (1935-11174,2115-11/76,2514-12/81, 2855-12/86) 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 AEgosy Avenue Ellis Avenue Pacific Coast Highway Atlanta Avenue Garfield Avenue Seventeenth Street Banning Avenue Goldenwest Street Slater Avenue Beach Boulevard Gothard Street S do dale Street Balsa Avenue Graham Street Talbert Avenue Boisa Chica Street Hamilton Avenue Ward Street Brookhurst Street Heil Avenue Warner Avenue Bushard Street Indianapolis Avenue Yorktown Avenue Center Avenue Magnolia Street MONEENEIMM (2177-5177,2644-12183,2692-7184,2795-10185,2855-12/86,3011-9/89,3336-12196) (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. (3336-12196) 12194 5 r rff ORDINANCE NO. 2855d° a AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 10. 44 .060, BY NUMBERING THE EXCEPTIONS THERETO AS SECTION 10 .44. 065, AND AMENDING SECTION 10.44 .070, ALL RELATING TO OVERSIZE VEHICLE PARKING The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . The Huntington Beach Municipal Code is hereby amended by amending section 10. 44. 060 to read as follows : 10. 44. 060 OVERSIZED VEHICLE PARKING REGULATIONS. No person shall park or leave standing upon any public street or highway in a residential district: (a) Any motor vehicle over twenty-five ( 25) feet long measured from the extreme forward point to the extreme rear point , including extensions; (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 exluding sideview 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; or (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 except for a period not to exceed twenty-four ( 24 ) hours. 10. 44. 065 EXCEPTIONS. Section 10. 44 . 060 above shall not apply to the following: (a ) Any oversized motor vehicle parked or standing for the purpose of loading or unloading passengers or property for a period not to exceed twenty-four (24 ) hours; 1 . (b) Any oversized motor vehicle parked while used in performing or assisting in performing services or repairs on residential property; (c) Any oversized motor vehicle which is parked for not more than twenty-four ( 24) consecutive hours to make emergency repairs to such vehicle; and (d ) 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 . SECTION 2. Huntington Beach Municipal Code Section 10. 44. 070 is hereby amended to read as follows : 10. 44. 070 ARTERIAL HIGHWAY OVERSIZE VEHICLE PARKING REGULATIONS. (a) Except as provided in subsections (b) and (c) hereof, no person shall park or leave standing upon any arterial highway between the hours of 9 : 00 p.m. and 4: 00 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 Graham Street Algonquin Street Hamilton Avenue Atlanta Avenue Heil Avenue Banning Avenue Indianapolis Avenue Beach Boulevard Magnolia Street Bolsa Avenue McFadden Avenue Bolsa Chica Street Newland Street Brookhurst Street Pacific Coast Highway Bushard Street Seventeenth Street Center Avenue Slater Avenue Edinger Avenue Springdale Street Edwards Street Talbert Avenue Ellis Avenue Ward Street Garfield Avenue Warner Avenue Goldenwest Street Yorktown Avenue Gothard Street SECTION 3 . Neither the adoption of this ordinance nor the repeal of any ordinance shall in any manner affect the prosecution of violations of these ordinances which were committed prior to the effective date hereof, nor be construed as affecting any of 2 . the provisions of any ordinances relating to the collection of any license or penalty of the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations there- under shall continue in full force and effect . SECTION 4. This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of December , 1986 . ATTEST: APPROVED AS TO FORM: -7 /w — City A,t^fney REVIEWED AND APPROVED: INITIATED AND APPROVED:-�\ City Administr t❑r Director of Public Works 1654h 10/10/86 adl :ps 3. Ord. No. 2855 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH) the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the 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 November 19_26_, and was again read to said City Council at a regular meeting thereof held on the 1st day of December 19 86 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Winchell Mays,-Finley, Kelly, Erskine Green Bannister NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 1, Alicia m. Wentworth CITY CLERK of the City of Huntington Beach and ex•officia Clerk of the City Council, do hereby certify trsat a synopsis of this ordinance iias been pubtivied in the Huatimton !;each independent on In ecc rw rih the City Charter of said City. AUCIA M. MiENDNORIK ......................................................................... Cit Clerk _•.................. Deputy City Clerk ORDINANCE NO. 3136 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AME G THEE TON BEACH MUNICIPAL CODE BY AMENDING ECTION 10.44.06 THEREOF RELATING TO OVERSIZE VEH L TIONS C WHEREAS, there is a need to clarify the existing regulations regarding the parking of oversized vehicles on the public streets in the City of Huntington Beach, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows : 1. Huntington Beach Municipal Code Section 10 .44 .065(a) is hereby amended to read as follows : (a) Any oversized recreational motor vehicle, as defined by California Health and Safety Code Section 18010 or any amendments thereto, while parked or standing for the purpose of loading or unloading passengers or property for a period not to exceed twenty-four (24) hours; PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of ApLil 1992 . Mayor ATTEST: APPROVED AS TO FORM: 4X'C� A�j"' i�� - City Clerk R�City Attorney }� INI IATED A APPR VED: REVIEWED AND APPROVED: �WV Director of Public Works City Administrator Ord. No. 3136 STATE OF CALIFORNIA ) COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the 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 therof held on the 16th day of March 19 92 , and was again read to said City Council at a regular meeting therof held on the 20th day of April 19 92 , and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Councilmembers: Robitaille Moulton-Patterson Winchell Silva Green MacAllister Kelly NOES: Councilmembers: None ABSENT: Councilmembers: None i, Cede Brockway C"CLERK of 00 City of l" • Fhutktgf n reach and exofrdo t lo*of fhe City Courd.do Mlrw'y rerVy OW a symPsis of VU City Clerk and ex-officio Perk ordmfu Wr cwi in PV Daily Mon of the City Council of the City Sig of Huntington Beach, California Charter of said city. City Cie* City Clerk From:Robert A.Polkow Fax:+1(714)962-4810 To:city clerk Fax: +1(714)374-1557 Page 1 of 2 Friday,June 13,2003 2:29 PM „� Q C�„/14rAt...sJCi Gtr+1'wl f JEAN W PULKO �d��d�r f��r�a,,�1e-sr- s✓� ��`'•fi'r�s.�" 21772 Ooeanview lane Huntington Beach,Ca 9264E-82 t 5 Home Phone 962-4810 Email RPolkow(jD2lol.com June 13,2003 Agendized item G-2b, on 16 Tune council meeting. Recreational vehicle owners are upset again because the city proposed an ordnance G-2b agendized for City Council for the June 16 council meeting that will make drastic changes to parking guidelines for oversized vehicles. RV owners were assured by the council in 1994, before a standing room only audience, that it was a dead issue, and would not be brought up again. However, this issue has raised its head again This not only effects RV owners, A new Hummer is 95.5" wide, Ford and Chevrolet crew cabs are over 21 feet long. and some over 84 inches wide. Do these owners expect to come home from work at 5 o'clock and be expected to leave by 5 o'clock the next day. This ordnance, as in 1994, was apparently designed to discriminate against all RV owners in Huntington Beach without providing storage facilities or parking at the local beaches. This is the most ridiculous code change in the History of Huntington Beach. Some of the proposed changes are as follows: No person shall park or leave standing upon any public street or highway in a residential district: Any motor vehicle over 20 feet. (previously 25 feet.) Changing the time limit for loading and unloading from 24 hours to 12 hours. Changing the width from 96" to 84" wide including mirrors, etc. All effected persons are asked to call or E-mail their council person and attend the Monday council meeting. The constitution is not changed each time we get a new president. Why should our local ordinances be changed each time we get a new police chief or city council? Recreational vehicle owners have gone through this harassment numerous times in the past and finally thought a compromise plan had been approved that the people From:Rohert A,Polkow Fax:+1(714)962-4810 To:city derk Fax: +1(714)3741557 Page 2 of 2 Friday,June 2,2003 2:29 PM V and City could live with. Any more restrictions should not he placed upon the shoulders of our citizens who have lived in a city that was considered "recreation oriented". We bought in Huntington Beach, not surrounding cities because it was recreation oriented. RESPECTFULLY. Jean Polkow, 21772 Oceanview Lane, Huntington Beach, Ca 92646-8215 (714)962-4810 I Frox Robert A.Polkow Fax:+1(714)962-4810 To:City Clerk Fax +1(714)374.1557 Page 2 of 4 Saturday,June 14,200S 327 PM JEAN POLKOW 21772 Qceanvk w Lane Huntington Beach,Ca 92646-8215 Home Phone 962-4810 Email RPtilkowaaol,com June 14,2003 Council Members: Opposition to G-2b on the 16 June agenda 1 have a 33 foot motorhome, in my back yard. The last time the city tried to change the RV code it would effect in yard parking. That was soundly rejected. Linda Moulton-Patterson was mayor at the time , Peter Green was Mayor Pro tern, Dave Sullivan was also a council member. He will probably remember the phone calls, Faxes, standing room only audience at the council meeting, however, RV owners were polite, well managed with only four speakers, and a petition signed by over 300 people in a couple of days. The change was initiated because one person in Meredith Gardens had a neighbor that did not like a motor home parked on a driveway. Mr. Zieleski tried to change the code for all of Huntington Beach because of this one complaint. Our mayor at the time (Linda) rejected the change saying this was a dead issue, and before a standing room only crowd stated it would not be brought again. � up When purchasing motorhomes some residents purchased ones less than 25 feet in length to be legal ( with same parking privileges as any other passenger vehicle). However, if this ridiculous change is approved they will now be illegally parked, and there are no available storage facilities in Huntington Beach.( 1 checked and the only available ones are 2 spaces in the new Seacliff storage facility but he said he had a Fro7� Robert A.Polkow Fax:+1(714)962-4810 To:City Clerk Fax +1(714)374+1557 Page 3 of 4 Saturday,June 14,2D03 3:27 PM waiting list of over 40 motorhomes). How can our city retroactively make previous legal actions illegal? Also changing the width from 96 inches to 84 inches was tried when Ruth Finlay was mayor and she turned that down, saying she did not want to punish RV'ers, was looking for a way to limit large truck parking. There have been nw-nerous changes, i believe the largest was in 1975. We bought here in 1971, but were busy at the time and not aware of the changes being made until after the fact. We had checked the code before buying here and found Huntington Beach was Recreation oriented, our brochure for our home even stated "room for your RV".(I still have that brochure if you would like a copy.) We did not buy in the surrounding towns because of their position, at that time, on RV's. Changing the time for loading and unloading from 24 to 12 hours is a hardship especially for people who have their motorhomes in storage. Storage is limited in Huntington Beach and some storage facilities close at night, limiting the hours that a recreational vehicle can be taken out of storage or returned.. The code as written in 1975 was a compromise that was worked out and the people and the city, at that time, felt comfortable with it. The changes that are being brought again are devastating to the many Recreation Vehicle owners and will cause more police problems than they now have. The codes in Huntington Beach are not now enforced, why not enforce current codes instead of writing more that will not be enforced, this city is now facing a budget crunch and I do not feel Lt. Peterson, the author of this code change , should be spending valuable police time in this manner. If our City Council believe a change is necessary I Frow Robert A,Polkow Fax:+1(714)962-4810 To:City Clerk Fax +1(714)374-1557 Page 4 of 4 Saturday,June 14,2003 3:27 PM believe it should be initiated through the plaiming staff, to give the police department more time to assume the much needed police protection of our city. Motorhomes (housecars) now cost in the range of M 00,000 to $700,000, and the city receives a large amount from sales tax and the annual license fee. if all rv'ers are required to change their residence because of inability to find parking or storage in our city the city will loose much needed revenue. According to the DMV a motorhome is classified as a passenger car and licensed as such. Because of the current economic crisis Recreational Vehicles are becoming more popular for people to spend their time together. I maintain an emergency supply of food and water in my Recreational V ehicie and I am sure others do also. In case of an emergency a motorhome is invaluable to help disaster victims. I am submitting this hoping it will help explain the concerts our citizens have. It is impossible to speak at public comments with a 3 minute time limit and adequately explain the concerns of our people. There are many more but I feel these are some of the most important ones. I hope you will unanimously vote against this proposed ordinance, and show the people of Huntington Beach we truly have a City that cares about people. RESPECTFULLY: ��., po-'4 JEAN POLKOW, 21772 Oceanview Lane, Huntington Beach, Ca. 92646-8215 (714)962-4810 4 I M O « ONLY IN A �II� woMMER June 13, 2003 City Council Members City of Huntington Beach G r 2000 Main Street {._._. 5 ` Floor Huntington Beach, CA 92648 Re: June 16, 2003 City Council Agenda Item G-2B - Ordinance No. 3611 Dear Honorable Council Members, Huntington Beach Chrysler Jeep and Hummer has been selling new and used vehicles in Huntington Beach on Beach Blvd. since 1966. We have about 65 employees and sell about 1200 vehicles per year. City Council Agenda Item G-213, Proposed Ordinance No. 3611, has come to our attention. We are concerned with the 84" width limitation on vehicles parked in our Huntington Beach residential areas. The Hummers we sell are 86.5" wide not including the mirrors. 1 do not know what prompted the proposed ordinance but I suspect that it was not intended to keep Hummers from parking in front of their owner's homes and businesses. Please consider rejecting Ordinance No. 3611 'or' simply amend it to allow vehicles up to 87"wide the ability to park on our streets. Thank you for your consideration, Rick Evans President Huntington Beach Hummer safari\sa Jfar4 n. Safe passage through unfriendly territory. 05I13/2003 13:08 7143741557 CITY CLERK PAGE 01 ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.44 OF THE HL NTINGTON BEACH MUNICIPAL CODE RELATING TO PARKING T ME LIMITS The City.Council of.the'City ofl4untington Beach does hereby ordain as follows.- SECTION 1. Section 10.44.060 of the Huntington Beach Municipal Code is hereby amended to read as follows; 10.44.060 Oversized vehicle parking regulations. No person shall park or leave standing upon any public street or highway in a residential district: (a) Any motor vehicle over twenty(20) feet long measured from the extreme forward point to the extreme rear point,including extensions; (b) Any motor vehicle,including buses, motor trucks,trailers,semi-trailers,trailer coaches, or truck tractors as defined in the Vehicle Code over eighty-four(84)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'which is designed,used or maintained as farm rnacbinefy or a special purpose or equipment machine',or (d) Aty nonmotorized vehicle, Wch-as a semitrailer,trailer, WWer•coacb., utility;trailer,two or more axle'camper,or a one-axle camper,which.,has been detached from:its drawing vehicle.. SECTION 2. Section 10.44.065 of the Huntington Beach Municipal Code is hereby amended to read as follows. 1 0.44.065 Exceptions. Section 10.44.060 shall not apply to the following: (a) .Any oversized recreational motor vehicle, as defined by California Health and Sale Code section 18010 or any amendments thereto,while parked or standing for the purpose of loading or unloading passengers or property for a period not to exceed twelve(12)hours only in a residential district; (b) Any oversized motor vehicle parked while used in performing or assisting ija performing services or repairs on residential property; (c) Any oversized.motor'vehicle which is parked for not more than twenty-four(24)corrsectttive hours to make emergency repairs to such vehicle- and (d) Any nonmotorized vehicle,such as a semitrailer,trailer,trailer coach, utility trailer,two or more axle camper,or a one-axle camper which is attached to its drawing vehicle may be parked for the purpose of loading or unloading passengers or property for a period not to exceed twelve(12) hours in a residential district only. SECTIONS..._Seetion.10.44.070.of the Huntington Beach Municipal Code is hereby amended to read as follow3; ' b. q 030uVrhap 10-W3f28103 1 05I13/2003 13:08 7143741557 CITY CLERK PAGE 02 10.44.070 Arterial highway versiz 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 paint, excluding side view mirrors or similar extensions on any of the following highways in the City of Iuntington Beach: Adams Avenue Edwards Street Pacific Coast Highway Algonquin Street Ellis Avenue Palm Avenue (17*' Street Argosy Avenue Garrield Avenue to Seapoint Avenue) Atlanta Avenue GoidenwestStreet SeapointAvenue Banning Avenue Gothard Street Seventeenth Street Beach Boulevard Graham Street Slater Avenue Bolsa Avenue Hamilton Street Springdale Street Balsa Chica Street Heil Avenue Talbert Avenue Brookhurst Street Indianapolis Avenue Ward Street Bushard Street Magnolia Street Wamer Avenue Center Avenue McFadden Avenue Yorktown Avenue Edinger Avenue Newland Street (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. (c) Notwithstanding the prohibition contained in this section,wherever highway maiidngs'clearly indicate legal on-street parking in front of msidential 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(S) consecutive hours to load or unload passengers or property, or to furnish commercial services or repairs to the premises. SECTION 4. 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 day of ,2003. Mayor ATTEST": APPROVED AS TO FORM: City Clerk 't"'' "'Zf't . City Attorney REVIEWED AND APPROVED: WTIATED AND APPROVED: City AdFinistmtor Police Chief 03ord/chap I O-W5/2SM3 2 & — ab OF AUG-01-2004 01 :09 PM BOB. POLKOW 714 962 4810 P. 01 0....Cp rv� BOB and JEM POLKOW 21772 Oceenview Lane (`x ,.A U Huntington Hoech,Ca 92848-8215 Home Phone(714)982-4810 Email RPOIROW@aol.com ION JUL 3J August 01,20D4 To- City clerk 374-1557 BOB POLKOW FROM 714 962-48 t 4 Please distribute toCity Attorney,Chief of Police,City Administrator and City Council. Thanks Bob AUG-01-2004 01 _Og PM BOB. POLKOW 714 962 4910 P. 02 BQB POLKOW 21772 Oceanview Lane Huntington Beach, Ca 92846-8215 Homes Phone(714)982,4810 Small RPolkowCaol.com August 01,2004 Agenda item CZa City Administrators report (in opposition) Chief Small, in a presentation made undoubtedly by a staffer, states that our. current RV related ordinances are "difficult" to enforce. Our Chief did not achieve his status by avoiding difficult tasks. Personally I found that accepting challenging jobs, even those avoided by others, was the only way to climb to higher positions of authority and, I believe, those of you on our Council have never avoided, difficult goals. Why theft is Chief Small advocating an ordinance that will negatively affect the many thousands of law abiding RV owners that contribute to our city's coffers through their sometimes taxes higher than those levied on their homes? Why not ask our safety employees to concentrate on the small amount of transient or local miscreants (a rifle shot) instead of blasting all our city's RV owners with an ordinance that is not only difficult but sometimes impossible to enforce (the shot gun blast)? As a retiree i leave and arrive as the weather and other conditions present themselves. Chief Small states that the desk to receive "permit calls" will not be manned around the clock. Does that mean I must tailor my departures and arrivals to suit the schedule of our safety personnel? I thought their position was to protect and sme, not dictate. I like Chief Small and as a son of a police chief killed in the line of duty picture his as one of the best choices this city has made for many, many years. l think if our elected officials reason with him he will realize tinkeritis does more damage than fair wear and tear. Please enforce our current ordinances and leave them alone. in that vein, the DMV classes motorhomes, for example as "passenger vehicles". The Health and Safety people merely require AUG-01-2004 01 : 10 PM BOB. POLKOW 714 962 4810 P_ 03 certain safety items to be installed, they can not usurp the authority of the DMV. There are many of us that believe our RVs should be given the same privileges as any other "passenger vehicle". The Chiefs staff claim they canvassed surrounding cities for drafting of the proposed ordinance. Is Santa Barbara a contingent city. If we are not to be a city that leads and become one that follows let's start with the elimination of three trillion dollar choppers that cause a huge drain on our city's coffer, our surrounding cities do not have them, why do we, a city that copies other cities justify having many items that are on the cutting edge of technology? If you have read this letter to this point I thank you. I could not condense these thoughts into three minutes. I believe Councilman Dave Sullivan was on the council when Ed Kerins tried to get a restrictive RV ordinance passed because a homeowner in Meredith Gardens, who refused to join the Homeowners Association, legally parked his motorhome on his own property but was in violation of the Meredith Garden's CC & R's. That particular case was settled in a court of law, the homeowner prevailed. Howard Zielesky might remember the outcome. Dave can tell. you the reaction this caused. Dr. Green had a pop-up camper at the time, Linda Moulton Patterson, Vic Liepzig, Grace Winchell and Dr. Bauer, were also on the council. Dr. Bauer was.outraged when it came to light the change desired by Ed Kerins was subtly included in a package that was labeled "just a cleanup of various codes". We received a telecon. from the Mayor, Linda Moulton Patterson assuring us that the code would not be changed and Ray Silver instructed staff to eliminate the proposed change. Please consider the many, many thousands of RV owners in our city before making our safety personnel's job less difficult. I suggest the council ask the Chief if the four to five calls a day come from the same person or group of people, also are they repeat calls on the same motorhome. AUG-01-2004 01 : 11. PM BOB. POLKOW 714 962 4810 P. 04 If so, then we indeed, as Thomas Jefferson would say are subject to the "tyranny of the minority". RESPECTFULLY; BOB QOLKOW,21772 OeeanView Lana,Huntington Beach,Ca 92646-8215 (714)962.4810 JUL-30-2004 10 :04 AM BOB. POLKOW � 714 9662 4310 P. 01 BOB and JEAN POLKOYV 21772 Oceenview Lane I oMington Beach,Ca 92640-8216 Home Phone(714)982-4810 Email RPolkowCool.com U+ r July 30,2004 r— r _ u M1nl �VN 37 City cleric �7 374.1557 Jean Polkow 1 FROM 714 962-4810 BTCTEs please Make these available to the City attorney, Chief of malice City (council, and lity Administrat= Tha,nka Jean JUL-30-2004 10 :05 AM BOB. POLKOW 714 962 4610 P. 02 JEAN POLKOW 21772 Oceanview Lane Huntington Beach, Ca 92646-8215 Horne Phone (714)962-4810 Email.RPolkow a@aol.com July 30, 2004 SUBJECT: item C-2a City Administrators report, in opposition 1 believe all the current council are aware that I own a 33 foot motorhome and keep it in my backward, except when preparing for a.trip, it is usually parked in the street the night before leaving. I am retired and may decide to leave on a moments notice, or have an undecided return date. Chief Small has indicated the phone line to call for a permit to park in the street is not available 24 hours a day, but he feels people should know in advance when they are leaving and be able to call in during the hours a phone is available. Will this phone line be an automated message line or will customers have to keep calling until someone answers or leave a message for an employee to call back? This is time consuming for city employees and a nuisance for RV owners thing to enjoy their free time. During the meeting last year with Lt. Petersen, many home owners that.have their motorhome in storage felt they needed 48 hours to prepare for a vacation, but I did not hear one of them say they wanted to have the aggravation of having to obtain a permit. I have attached copies of some previous letters for the benefit of our new City Administrator. As an added note. it is juvenile to make life more difficult for the many thousands of RV owners in our city because "it is difficult to enforce our ordinances" on a few transient or small amount of miscreants. None of you or I have had a position that was not "difficult". Why is Chief Small a man that many of us thought was a fine choice to lead our city°s safety personnel making this a reason to create more complicated and difficult ordinances? I believe the citizens are entitled to a recap of how many of the calls are repeat calls on the same motorhome. RESPECTFULLY: AN POLKOW, 21772 Oceanview Lane, Huntington Beach, Ca 92646-5215 (714)962-4810 JUL-30-2004 10 :05 AM BOB. POLKOW 714 962 4810 P. O3 JEAN POLKOW 21772 oceamfew Lane Home Phone 962.4810 Email RPolkoweaol.com June 16,2003 Jean Polkow 31 year resident HB Reference item G-2b on agenda. I am here this evening to address the City Council on the importance of taking your time before making the dramatic changes the police departrrient is proposing against RV owners. Change the minimum length of an oversize vehicle from 25 feet to 20 feet.( This would also include Crew cab pickups or extended length beds, etc. When residents purchasedd a motor home less than 25 feet and it was legally the same as a car, how can you now change the code to make it an oversized vehicle, there are no storage faciliti.y vacancies in HB> the only altemative into constantly receive tickets, or move to another city, This change is to eliminate motor homes from parking more than 12 hours on public streets without being ticketed, and also raising the fine (only on RV's from 36. to 100 dollars). I believe this is selective harrassment. Any vehicle over 84 inches wide will be considered an oversized vehicle. This one item without any regard to length will make all RV's considered oversized. Detached trailers would not be allowed any time. Trailers ached to a tow vehicle have 12 hours loading or unloading time frame, I have lived in Huntington Beach over 30 years and have never seem a change quite as drastic for the RV community. We moved to Huntington Beach because they were RV friendly, unlike some surrounding cities, that are completely different, Did obtain a copy of the current code before buying here. I have submitted two letters to council in regard to this. ` �J JUL-30-2004 18 :06 AM BOB. POLKOW 714 962 4810 P. 04 There are several conflicting statements in the code as written, however it would seem to me it is the responsibility of the Police Department to enforce the laws as approved by Council and not use the valuable time of a Lt. to research and recommend changes. This change will not make their job easier, but will bring more needed revenue for the city. The people who purchases motor homes less than 25 feet but more than 20 feet will be targeted without a place to store then` vehicle. }rive ways are not normally long enough and storage facilities are not locally available. My recommendation is to deny this ordinance and in order to raise more revenue, instead of just targeting RV owners, make the illegal parking fee the same for all residents, and enforce the codes that are now in effect, if this item is continued it should not be heard again until after summer vacations and the budget discussions are over. Many residents have left for summer vacation, in then' Motorhomes. Motorhomes under 25 feet long have been considered the same as any other passenger car for as long as I can remember. Why has it now suddenly become impossible for our local police to handle? I suspect it is another ploy to raise more revenue, and I also suspect there will be a deluge of law suits in this regard. When buying a home anywhere always look at schools, all types of environment and other issues, That could effect you and do not buy in a neighborhood if the surroundings are not computable with your desires. That is what we did and everyone should. During the Northridge earthquake motor homes were used for emergency facilities, some cooking potluck dirwers , making coffee and other needed services for residents. Our motorhome is always packed with emergency supplies and we would certaiinly do the same thing, and I know of others that would also. JUL-30-2004 10 :07 Am BOB. POLKOW 714 962 4810 P. 05 .JEAN POLKOW 21772 Oeeamview Lane Hunongton Beach,Ca 926464216 Home Phone 962.481 A Ernall RPolkowaaol.com June 14,2003 Council Members. Opposition to G 2b on the 16 June agenda I have a 33 foot inotorhome, in my back yard. The last time the city tried to change the RV code it would effect in yard parking. That was soundly rejected. Linda Moulton-Patterson was mayor at the time , Peter Green was Mayor Pro tem, Dave Sullivan was also a council member. He will probably remember the phone calls, Faxes, standing room only audience at the council meeting, however, 'RV owners were polite, well managed with only four speakers, and a petition signed by over 300 people in a couple of days. The change was initiated because one person in Meredith Gardens had a neighbor that did not like a motor home parked on a driveway. Mr. Zieleskki tried to change the code for all of Huntington Beach because of this one complaint. Our mayor at the time (Linda) rejected the change saying this was a dead issue, and before a standing mom only crowd stated it would not be brought up again. When purchasing motorhomes some residents purchased ones less than 25 feet in length to be legal ( with same parking privileges as any other passenger vehicle). However, if this ridiculous change is approved they wits now be illegally parked, and there are no available storage falcitities in Huntington Beach.( I checked and the only available ones are 2 spaces in the new Sescliff storage facility but he said he had a JUL-30-2004 10 :07 AM BOB. POLKOW 714 962 4310 P. 06 waiting list of over 40 motorhomes). How can our city retroactively make previous legal actions illegal,? Also changing the width frrom 96 inches to 84 inches was tried when Ruth Finlay was mayor and she tamed that down, saying she did not want to punish Wers, was looking for a way to limit large truck parking. There have been numerous changes, I believe the largest was in 1975. We bought here in 1971, but were busy at the time and not aware of the changes being made until after the fact. We had checked the code before buying here and fund Huntington Beach was Recreation oriented, our brochure for our home even stated "room for your RV".(l still have that brochure if you would like a copy.) We did not buy in the surrounding towns because of their position, at that time, on RV's. Changing the time for loading and unloading from 24 to 12 hours is a hardship especia]ly for people who have their motorhomes in storage. Storage is limited in Huntington Beach and some storage facilities close at night, limiting the hours that a recreational vehicle can be taken out of storage or returned. The code as written in 1975 was a compromise that was worked out and the people and the city, at that time, felt comfortable with .it. The changes that are being brought again are devastating to the many Recreation Vehicle owners and will cause more police problems than they now have. The codes in Huntington Beach are not now enforced, why not enforce current codes instead of writing more that will not be enforced, this city is now facing a budget crunch and T do not feel Lt. Peterson, the author of this code change , should be spending valuable police time in this manner. If our City Council believe a change is necessary I C� � JUL-30-2004 10 :08 AM BOB. POLKOW 714 962 4810 P. 07 believe it should be initiated through the planning staff, to give the Police departinent more time to assume the much needed police protection of our city. Motorhomes (housecars) now cost in the range of V 00,000 to $700,000, and the city receives a large amount from sales tax, and the annual license fee. If all rV ers are required to change their residence because of inability to find parking or storage in our city the city will loose much needed revenue. According to the DMV a motorhome is classified as a passenger car and licensed as such. Because of the current economic crisis Recreational Vehicles are becoming more popular for people to spend their time together. I maintain an emergency supply of fond and water in my Recreational Vehicle and I am sure others do also. In. case of an emergency a motorhome is invaluable to help disaster victims. I am submitting this hoping it will help explain the concern our citizens have. It is impossible to speak at public comments with a 3 minute time limit and adequately explain the concerns of our people. There are many more but l feel these are some of the most important ones. I hope you will unanimously vote against this proposed ordinance, and show the people of Huntington Beach we truly have a City that cares about people. RESPECTFULLY: J'C'� i � JEAN POLKOW, 21772 Oceanview Lane, Huntington Beach, Ca. 92646-82.15 (714)9624810 JUL-29-2004 01 :48 PM BUB. POLKOW 714 962 4810 P. 01 (772� 3308 and JEAN POLKOW 21772 Ooeanview Lane Huntington Beach,Ca 9284"21 S �4 Home Phone(714)M-4810 Email RPolkoweaol.com 'AnJuly 29,2004 FAX: TO CITY COUNCIL FROM 714 962-4810 Sib-5233 o -77 TI P� JUL-29--2004 01 :49 PM BOB. POLKOW 714 962 41310 P. 02 Page 1 of i Subj: RV parking Date: 701/041 1 V 32 PM Pacific Daylight Time From; R,Polkow To: chief(Qhbpd:org missed you at the meeting last year, however I suppose Lt.Peterson did tape the meeting for you. If he did I do not understand what part of leave the RV ordnance as Is you don't understand. There was I thought ample discussion of why not to change H. Just enforce the laws on the books now. People seem to quote cities,even in Santa Barbara,that have strict enforcement. However, right next door to us Is Westminster,with laws the same as cars. RVs in California are issued licenses the same as any other passenger vehicle not by Health&safety,which only stipulates some required items to be included In certain vehicles and should be treated accordingly they have no authority to determine the qual laatlons of the driver or what is should be caged,this authority rests with the DMV. It we have a disaster as they did a few years ago in Northridge,an RV is invaluable,people served pot lucks,etc,, from their motoftmes and for emergency evacuations Our motorhome is registered with Homeland Security as a Radio Station and we may have to move It from our yard at any time day or nlght, how Pro I to get a permit to do this? How much will a permit cost? The current ordnance has been amended numerous times,and should not be more restrictive. I am sure you did not personally prepare this proposed ordnance,but whoever did certainly did you a disservice. In the unsettled times we are now in, It is not time to further limit the immediate use of any asset available to help in any disaster. Certainly our police department Is not so inefficient that they cannot control scofflaws with the rifleshop technique instead of taking a shotgun blast at every RV owner in our great city. In dosing I could give you pages and pages of reasons not to further restrict RV perking,but it was well voiced at the last meeting and I am sure it will be at Mondays council meeting. I believe our city has more important items to be taken up, and I do not believe the police department should be spending time on this Item at this time. RESPECTFULLY: BOB&JEAN POLKOW,21772 Oceanview Lane, Huntington Beach, Ca 92646-8216 (714)982-4810 Thursday,July 29,2004 America Online: RPolkow i Flynn, Joan From: Norm Firecracker Westwell [norm@modernpublic.coml Sent: Friday, August 13, 2004 10:31 PM To: cfikes@surfcity-hb.org Cc: ksmall@surfcity-hb.org;jflynn@surfcity-hb;org `, Subject: Public Request for Council Action INU Dear Council Members and Chief Small, One year ago when the RV parking issue was discussed at a community meeting, I requested statistics about the complaints the police department was receiving. I was told the information was not available at the moment but would be available at a later date. It is now 1 year later and the issue has again been raised, Therefore I again respectfully request the community .be provided with statistical information about the size and scope of the complaints regarding oversized vehicles and trailers. The community and I understand exact names, addresses and other personal j information will not be released, to the public. However this information should be available for Council 's review to confirm the accuracy of reporting. General information released to the public could be grouped by reporting district. Identifying complaints by reporting district would not reveal exact addresses but would go along way toward illustrating to the public the exact nature of the issue. The RV community is rightly concerned that it is the same 5 - 10 individuals a day who are consistently complaining. Our community would like to analyze the complaints for the last 90 days. It is desirable to have the information presented comprehensively to allow the public to readily review the data in 1 week intervals. The community would like to know: Where the complaints originate geographically (without revealing exact locations) The number of complaints originating from the same location are to be identified. When the complaints originate What type of complaint. (parking violation, hazard, accident, living in vehicle, etc. ) Resulting action of each complaint (what the department did or did not do) Times and locations of actual citations issued not resulting from a complaint. This information should be made available as soon as possible to allow the public to be informed and prepared for the community meeting on the issue scheduled for 9/21/04 , I would also ask this communication be received, filed and be included in the next agenda package when the new proposed RV ordinance again comes before the Council. Please contact me if you have any questions. Thank you in advance for your help in this matter. Norm "Firecracker" Westwell - Huntington Beach, CA 2004 Libertarian Candidate, California 67th Assembly District 2004 Libertarian Candidate, Huntington Beach City Council 2004 Libertarian Candidate, Ocean View School District http: //www.smartvoter.org/vote/westwell http: //www.modernpublic.com/AD67/ norm@ModernPublic.com \ I / THERE IS A PRICE FOR BEING FREE I Torch of Liberty, enlightening the world www.ModernPublic.com 3 7� CITY OF HUNTINGTON BEACH HUNTINGTON REACH INTER-DEPARTMENT COMMUNICATION ,J� TO: City Council Members Dr. Penelope Culbreth-Graft, City Administrator FROM: Kenneth W. Small, Chief of Police SUBJECT: Modifications to Recreational Vehicle Ordinance DATE: March 4, 2005 Following the City Council Meeting on February 22, 2005 the City Attorney and I met to�iiS66s- s proposed revisions to the Recreational Vehicle (RV) Parking Ordinance. The council 6Pended the ordinance to allow for a maximum of sixteen (116)twenty-four hour permits per month and to remove "for work" from the daily use permit requirement. Both of those amendments were incorporated in the revised ordinance. In addition to the specific amendments, the council discussed concerns about RV parking restrictions around parks and RV parking restrictions for beach visitors. The proposed ordinance has been revised to address the concerns discussed by council even though those concerns did not result in a specific amendment. The modifications that are included in the proposed ordinance are briefly listed below: • Clarifies that 10.44.060 applies only in residential districts • Allows recreational vehicles to be parked in reasonable proximity to a park between the hours of 6 a.m. and 9 p.m. (10.44.065(f)) • Prohibits recreational vehicle parking in commercial or industrial districts between the hours of 9 p.m. and 6 a.m. (10.44.080) The proposed revisions to the RV Ordinance, if approved by council, would require a new first reading of the ordinance. I recommend that the proposed revisions be included in the ordinance to address the concerns expressed by council and several of the speakers during public comments. ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO OVERSIZED VEHICLE PARKING The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 10.44.060 of the Huntington Beach Municipal Code is hereby amended to read as follows: 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: (a) Any motor vehicle over twenty-five(25)feet long measured from the extreme forward point to the extreme rear point, including extensions; (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; (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 (1935-11/74,2115-11R6,2514-12/81,2855-12/86) (f) 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. SECTION 2. Section 10.44.062 is hereby added to the Huntington Beach Municipal Code, said section to read as follows: 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 05ord/chap 10-44 05 version revised/314105 I 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. (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. SECTION '). Section 10.44.065 of the Huntington Beach Municipal Code is hereby amended to read as follows: 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 no more than sixteen such periods are allowed in a calendar month. 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. (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. (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. (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. (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. (f) Any recreational vehicle parked in reasonable proximity to a park between the hours of 6 a.m. and 9 p.m. SECTION 4. Section 10.44.080 is hereby added to the Huntington Beach Municipal Code, said section to read as follows: 05ord/chap 10-44 05 version revised/3/4/05 2 10.44.080 Overnight Parking of Recreational Vehicle in Commercial or Indu trial 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. SECTION S. 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 day of , 200 Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney U -61q REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Police Chief 05ord/chap 1044 05 version revisedl3/4/05 3 ORDINANCE NO. LEGISLATIVE DRAFT Cha ter 10.44 PARKING--TIME LIMITS (255-2/33, 276-11/25,322-1129, 373-7134,533-7/48, 566-11/50, 1155-8/65, 1935-11/74,21 1 5-1 1176,2177-5177,2276-5178, 2514-12/81,2644-12/83,2692-7184,2795-10/85,2855-12/86,3011-9/89,3136-5/92,3257-11194, 3336-12/96) 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 10.44.070 Arterial highway oversize vehicle parkin 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. (276-11125, 322-1129, 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. (276-11125, 322-1/29, 533-7148, 1155-8/65) 10.44.030 One-hour arkin . 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 (S100), 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, lino person shall park or leave standing upon any public street or highway in a residential district: (a) Any motor vehicle over twenty-five (25) feet long measured from the extreme forward point to the extreme rear point, including extensions; legisdrWrnc 1044-LD 05 version revised/3/4/45 1 (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; of (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, 2855-12186) (f) 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. 10.44.062 Recreational vehicle parkine in a residential district-special permjts. (a)The Chief of Police may issue a temporary permit for the overnight fparking of a recreational vehicle prohibited by 10.44.060 if there is a inding 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. (b)The Chief of Police may issue a temporary permit to persons who demonstrate by way of writtenstatement from a licensed medical doctor, that the recreational vehicle prohibited by 10.44.060 must be kept near a residence for medical reasons. 10.44.065 Exceptions. Section 10.44.060 shall not apply to the following: (a) , --ew-t 18010 apy atnendffien4s_lhe eta whi ie parked or-standing for-the pUTE)Se6f (3136 Fro24 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 no more than sixteen such periods are allowed in a calendar month. 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. (b) Nothing in this ordinance shall be construed to permit sleeping in a vehicle prohibited by Section 9.54.010 of the I3untington Beach Municipal Code. (b}(c) A permit may be issued for 7Aany oversized motor vehicle parked while used in performing or assisting in performing services or repairs on residential property;. The IegisdrfVmci044-LD 05 version revisedl3/4/05 2 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. (e)(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. (d)(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. (f) Any recreational vehicle parked in reasonable proximity to a park between the hours of 6 a.m. and 9 p.m.. 10.44.070 Arterial highway highwqy 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 5 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 AMosy 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 ON (2177-5/77, 2644-12183,2692-7184, 2795-10/85,2855-12186,3011-9/89, 3336-12/96) (b) In case of emergency, oversize vehicles shalt be removed immediately if between the hours of 9 p.m. and b 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. (3336-12196) (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 legisdrftlmcI044-LD 05 version revised/3/4105 3 unload passengers or property, or to furnish commercial services or repairs to the premises. (3336-12196) 10.44.080 Overnight Parking of Recreational Vehicle in Commercial or Indus ria istrict Ao person shall park or leave a recreations ve ice over twentyfeet one 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. legisdrftlmc1044-LD 05 version revised/3/4l05 4 10 reasons to oppose Ordinance No. 3699 - The RV ordinance. by Firecracker Westwell -_ x=- A freeman does not need permission from government to park his own lawfully own .. vehicle in front of his own home for 72 hours in order to perform the ordiri* anc `. necessary procedures to accommodate the departure or arrival of a RV,just like att-y otter vehicle. Government cannot control law-abiding citizens. Government can control criminals. By creating new criminals, new revenues become available to be confiscated from the new offenders. RV owners must pay the same licensing fees as everyone else. They should be subject to the same laws as everyone else. Government should thanking RV owners for being law abiding vehicle operators who contribute generously to our government transportation programs. It makes no sense to bite the hand that feeds you. New laws should be created to benefit the public and not simply to ease the burden of law enforcement. Law enforcement complains that when vehicles are marked for observation, the vehicles usually move before a violation occurs making enforcement difficult. Enforcement is difficult because law-abiding citizens are not violating the law. Everyone including the police should stand behind law-abiding citizens. A few bad apples can always be mitigated by increasing enforcement of problem addresses. RV owners generally have more disposable income than most and this income will now be available for government to confiscate. This is another example of government going after the lowest hanging fruit in desperate lunges to balance spending. These ordinances serve as hidden taxes on the public. The cash strapped OVSD should rent space on their vacant 15 acres at $100 per month to the RV community who are desperate for any available space. The new RV parking will provide substantial new annual revenue while preserving the land for future generations. Had this been done 20 years ago,just think of the flush treasury they would realize today. The OVSD should utilize this land and invest in the future of their children. We don't need new laws. We need increased enforcement of existing laws. 1,000 new laws will not make our lives any better without enforcement. A new ordinance should be the last resort not the first. More government is never the best solution. There is an old saying, "if you don't want government to treat you like a number, don't give them your name." This ordinance requires you to provide your name when seeking permission. How much longer will it take our citizens to realize that each liberty given away to government is rarely recovered and is relentlessly enforced at gunpoint. Changing from a complaint driven system to this new permission driven system will require additional police staff to administer. Staff are expensive. A sticker or tag system would be much more cost effective and efficient. As a new RV criminal I will never again be permitted to enjoy my expensive RV to vacation right here in my own city. When I vacation I take my RV to the beach. I stay all day. At night when the beaches close (never understood that one either) we would drive the 2 miles back home and park in front of our house for the night and spend the night in our Dome. In the morning we would throw some staff in the RV and head back to the beach. We would do this pretty much for a month. This is my dream lifestyle. My government is crushing my dream. The unforeseen consequence of this ordinance is that it causes a lot of people to become criminals and unfortunately most are elderly folks. 4 complaints a day does not constitute a problem. I repeat for absolute clarity. 4 complaints a day does not constitute a problem. HB has more dog barking complaints per day. The HB Police Departments Vehicle Abatement Program provided findings for the months of May, June and July. The average number of RV complaints per day for that baseline period was less than 4. Even if you managed to increase that up all the way to 4 complaints per day it would still be way below the threshold necessary to trigger any ordinance change actions. 4 complaints per day in a population of 195,000 is insignificant. The city council should work to stop runaway spending before robbing citizens of their treasures and liberties. Firecracker Westwell 17171 Englewood Cr. HBCA 92647 714.842.4075 Address to City Council on Mar. 7 2005 Regarding the RV Parking Ordinance. Speaker: Dick Lenell; 39 year resident and RV owner in Huntington Beach Mayor Hardy RECEIVED FROM City Council Members �PUBL� RE / !3/O YEETarG Chief Small, Staff, and Citizens CFTYCLEAK OFFICE JOIAN L.FLYNN,CITY CLERK I am a representative of the Huntington Beach RV Owners Group. In our Summary of RV Parking Considerations that I gave each of the council members as we met with you over the last month, we stated that the settlement of the RV parking issues would "...require a little give and take on both the part of RV owners of this city and the city administration." Our perspective is that, over this process,the RV owners have done a lot of"giving"and the city has done a lot of"taking". But we are still agreeable to settling this issue. The resulting proposed ordinance has reduced to about half, the maximum time an RV can be legally parked in residential areas of the city, and in addition institutes a RV parking permit system that will result in much less time than that, and will require that nearly all RV owners have permanent RV off-street storage available. It also enables the Police Department to eliminate the non-resident RV overnight, street-parking problems. Chief Small and his department are on the street every day dealing with the RV parking issues. We believe that he and his department have the best understanding of any city official of what the problems are and are not. Chief Small was appropriately tasked to draft the new ordinance and he and City Attorney McGrath have now presented a revised ordinance to the Council that includes the provisions that were introduced and amended at the Feb. 22, '05 council meeting, plus new changes dealing with RV parking for day visitors to the city as initiated by the council at the last meeting. We understand that Chief Small is satisfied that this new ordinance meets his objectives as an enforceable ordinance that will resolve the RV parking issues of our city and will still allow the needs of the RV resident owner to be met without over-constraining him. We RV owners who have worked with the Chief through this process have come to trust and respect his judgment and his word. (For my part I've come to know him as a friend.) And we know that Chief Small in turn believes that the vast majority of RV owners in this city will not abuse the RV parking privileges. We strongly urge that every member of the council trust his judgment as well, and vote to accept the proposed,revised ordinance as presented this evening without further burdening the RV owner with additional constraints. We believe, that under this new system of more limiting RV parking controls, the RV owner should be allowed to retain the flexibility inherent in the proposed ordinance. Thank you for your consideration. Dick Leneli 1 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) f AVER TWENTY (YO NOT I am a Citizen of the United States and a HIA�ItIGT011 tll UBLIC IN s RETS OR YS IN A R resident of the County aforesaid; I am DEENT�IAL DIISTRICT.EW ondmN:36W PROHIBIT PARIIING over the age of eighteen years, and not a Ad*Wiy"Cviw4 RECREATIONAL VEHt- Y(� CLES ON ANY PUBLIC party to or interested in the below entitled "AN ORDINANCE of THE (4) CRE°ARTEI�s MAY. CITY OF HUNTINGTON TERM RV TEMPORARY matter. I am a principal clerk of the BEACH AMENDING USE PERMITS,(3) RE CHAPTER 10.44 OF THE 'STINCT CONLM2111CIAL HUNTINGTON BEACH INDEPENDENT, HUNTINGTON BEACH DISTRICT PARKING OF: � MUNICIPAL COO RE- OMSM _CGMMfdR- a newspaper of general circulation, LATING. TO OVI:PZED CTAL VEHICLES T*G VEHICLE PARKING TWENTY-Ft1WR,. 84 i printed and published in the City of SYNOPSIS- -HOLM. O �E THE ORDINANCE D�iIHTHlIsI tJ THE. Huntington Beach County of Orange AMENDS SECTION JY1(fNI-A ]I �raxa- � 1D.44 otF THE HUlf- 'M.AS if TING7,QN BEACH MU- PAs I N6 Ll .1 State of California, and that attached HICIPAL COQE A LIMITS. (7 MATS FOLLOWS: (Tj DES�E SIOflA19E .A ;AppRG_ Notice is a true and complete copy as RECREATIONA VD tE PRIATE.AT L� wrilly As STATED Rt iAl1- PpWTS��'4W Cmr& was printed and published in the FORNIIA HEALTH AND "0P .OF.TINS.OT1= SAFETY CO11E SECTION , E, ..JIY Huntington Beach issue of said Tgo,o TO '"- A0L9 IN' THE CITY CLODR rS OVER ICLERN"SO F1tCE, . newspaper to wit the Issue(s) of: N (RO] FEET HF thg. C fy Council of {� PRONR�'f by the Ci�t'y CoartCil of T-WENTY401IR (Y4 Me Ctty'W H1int,ngtan HOUR S�ET PA KIN Beadh at a'.regular Of OVERSfEED' ff£fN- meeting field MerCh 21;. CLES AND RECRE- mb5 by the following . AT L ,fill tell vole_ AYESm Hansen, Coer, per,Hardy,Greeh,Bow, Cook MARCH 31,2005 NOESvSullivan ABSENT:inane This ordinance Is affective 20 days offer adePtion. CITY OF HUIRTIMTON BEACH T�MAHI 93REE HtR'4T1tbF><Otl ,, i declare, under penalty of perjury, that �,4-5227 JOAN L.L NNO.CLTY the foregoing is true and correct, PuhlisEuCL Huntington Beach 'Independent, March 31,200E 035-621; Executed on MARCH 3 31,2005 at Costa Mesa, California. Signature