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Curbs & Sidewalks, Gutters & Driveways & Wheelchair Ramps 19
/. (v V REQUEST FOR CITY COUNCIL ACTION 3 Date October 26, 1983 Submitted to: Honorable Mayor and City Council Submitted by: C. W. Thompson, City Administrator r `c�✓ CO Prepared by: Paul E. Cook, Director of Public Wo UVCII, Subject: 1983-1984 S .B. 821 Fiscal Claim .� ER=- Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE: The Orange County Transportation Commission requires a "Resolution of Approval" for the application of Local S.B. 821 Funds. RECOMMENDATION: Approve attached resolution, thereby authorizing the submittal of an application for $38 ,481. 00 in S.B. 821 Funds for Fiscal Year 1983-1984 . ANALYSIS: Staff has compiled a list of S .B. 821 projects for Fiscal Year 1983-1984 . The list, as recapped below, is consistent with the General Plan and the Master Plan of Bikeways. Y Project Description Estimated Cost 1) Audible Signals for Blind Pedestrians $15 ,000 2) Handicap Sidewalks/Ramps 25, 000 3) Bolsa Chica State Beach Bike Path 21, 520 4) Sidewalks Fronting Schools and Senior Citizen' s Residence 26 ,621 Total: $88 ,141 An application for funding will be submitted to the. Orange County Trans- portation Commission; however, the application must include a "Resolution of Approval" by Council. Therefore, the Director of Public Works requests approval of the resolution. FUNDING SOURCE: Total cost of 1983-1984 S.B. 821 projects: $88 ,141 S.B. 821 funds previously received: 49 ,660 Subtotal : $38 ,481 Requested allocation for Fiscal Year 1983-1984 : 38 ,481 Balance: -0- ALTERNATIVE ACTIONS: Deny approval of resolution and forego a portion of the needed funding for Fiscal 1983-1984 S.B. 821 projects. ATTACHMENTS: I Resolution F. I .R. CWT: PEC:DRN: jy J � 77t) August 23, 1982 �� f A-Lv,,� I would like to address Council to request curb cuts at Garfield 7 Avenue and Florida Street to assist senior citizens. r V 'A' CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Paul Cook, Director of Public Works From Alicia M. Wentworth, City Clerk Subject REQUEST TO ADDRESS COUNCIL BY Date August 23, 1982 ROBERT REID REGARDING CURB CUTS Attached is a letter"+from Robert Reid requesting curb cuts at Garfield and Florida to assist senior citizens. He has requested that this item appear on the 9/7/82 Council Agenda. His phone number is 848-1156. AMW:CB:bt CC: Charles Thompson, City Administrator CITY OF HUNTIN �ON BEACH COUNCIL - ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH To Councilman Don MacAllister From Charles W. Thompson, City Administrator Subject SIDEWALKS IN Date September 11, 1981 DOWNTOWN AREA . Attached are two memos from Paul Cook, Director of Public Works, and Don Kiser, Division Engineer of Public Works, concerning your inquiries into the possibility of steam cleaning the sidewalks within the downtown area. If there is anything further you would like me to do regarding this matter, please let me know. Res fully submitted, ' � I Charles W. Th pson, City Administrator CWT:pj Attachments J/ CITY OF HUN'T'INGTON BEACH INTER-DEPARTMENT OOMMUNICATION. HUNnNCTON BEACH r� To Charles W. Thompson From Paul E. Cook t_ - City. Administrator Director of Public Works Subject Downtown Sidewalks Date September 8 , 1981 The attached memo from Don Kiser describes what is necessary . to steam clean the downtown sidewalks per Don MacAllister' s suggestion. This. type of cleaning will not make the sidewalks look like new but will cleam them somewhat. Also, thought should be given to the precedent this may set for other areas . What are your feelings on this matter and will you approve capital outlay funds for this purpose? PEC: ]y Attach. C D S E P 9 1991 r CITY OF IiUNTINGTON BEACH ADMINISTRATIVE OFFICE • CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION . HUNTINGTON BEACII To PAUL' E. .000K From DONALD W. KISER DIRECTOR OF PUBLIC WORKS DIVISION ENGINEER Subject DOWNTOWN SIDEWALKS Date SEPTEMB:ER .2, 1981 Pursuant to your request regarding steam cleaning the downtown sidewalks, I called a company in that business and was told the . following: Steam cleaning can work, however sometimes it takes more than one time. It was reported that gum is the worst problem. If it is scraped first, the steam will remove it, but often stains from oil in the gum will surface later and reveal a stained spot that other applications must be made to eliminate. Costs were mentioned that range from $0.035 and up based on how dirty the walks are. I estimate the walks at 21 ,000 square feet on the dirty side, thus the City might plan on an expenditure of $1500 to $2200. If the ..decision is made to. provide funding, please advise and I will re- quest field reviews and written quotations for the first three blocks of Main Street. Donald W. Kiser Division Engineer DWK/bh CITY f ®� City of ch P.O. BOX 190 CAL.IFORNIA 9$ 4 n(� �' Fn ENGINEERING DEPARTMENT U D JAN 16 1918 TO: Honorable Mayor and City Council CITY OF HUNTINGTON BEACH ATTN: Floyd G. Belsito, City Administrator ADM1N!sTRATIt�C OFFICE FROM: H. E. Hartge, Director of Public WorksA DATE: January 13, 1978 SUBJECT: Letter from Mrs. Hopkins re. Sidewalk Repairs STATEMENT OF PROBLEM: Mrs. Hopkins of Normandy Lane wrote a letter to this office with copies to the City Council (copy attached) stating an objection to our placement of asphalt ,as a temporary sidewalk to replace an uplifted walk. RECOMMENDED ACTION: Authorize the staff to prepare plans and specifications and advertise for bids for the first of a three year plan to replace the asphalt repaired sidewalks with concrete. The cost of work for the first year as a pilot program should be approximately $20, 000 . ANALYSIS: Our standard procedure, when made aware of displaced sidewalks which represent a liability potential, is to remove the uplifted portions of the sidewalk and replace them with asphalt until the concrete work can be performed. We are using this procedure so that the ash tree repair work will not be interrupted. It is estimated that there are 500 such situations in the non-ash tree areas (mostly in the Town Lot area) and 800 in the ash tree areas . Those in the ash tree areas will be resolved by that program over the next three years. Based on our estimate that there are 500 situations in the non-ash tree areas, replacement cost will be about $50 ,000. ALTERNATIVES: M .Pull the concrete crew off the ash tree program to perform this work. Those citizens in the ash tree areas would immediately bring pressure on us to resume the program. (2) Enforce Section 12. 28 . 020 of the City Ordinance which places the re- sponsibility of maintenance of sidewalks upon the abutting property owners. This has not been a practice in this City (nor in most cities in Orange County) and would prove to be very unpopular with the citizens. (3) Form an assessment district. The overhead cost of forming and adminis- tering a district would be quite high and would be unpopular with the citizens . (4) Finance the repairs with Gas Tax funds and contract the work out over a three-year period. FUNDING SOURCE: Present legislation makes this type of work eligible for Gas Tax funds. This program will not adversely affect present ongoing and planned major , contract projects. HEH: jy Attach. i a Y f=" 7 ` 16311 Normandy Lane Huntington Beach, Cal. December 26, 1977 RECEIVE ® KEPT. OF PUBLIC WORKS Public Works Department City of Huntington Beach [;E (; 2 7 1977 2000 Main Street Huntington Beach, Cal. HUNnNOTON BEACH. CALIF. Dear Sir: We recently called your department regarding a rather dangerous situation on the sidewalk in front of our home, a high uplifting of the sidewalk. Your de- partment responded unexpectedly quickly to our request, but we were outraged by the manner in•:�which they repaired it. A patch of black asphalt on a cement sidewalk looks horrendous. Considering the oatrageous taxes we pay on this property and another property we own in the city and the relatively minor return in services we receive from this outlay, we expect the City of Huntington Beach to com- plete this repair in a satisfactory way. I'll refrain from listing the shortcomings of this city because they are numerous, but to be treated in this shabby manner is highly disturbing. We expect the asphalt to be removed immediately and a cement repair to replace it. S'hcerely, AC./ ` , Valerie S, Hopkins (Mrs. Ray S. ) cc: City Council cc: City Administrator j a / J� City of Huntington Beach J70 P.O . BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT March 31, 1.976 Honorable Mayor and City Council City of Huntington Beach Attention: David D. Rowlands City Administrator Subject: Wheelchair Ramps Dear Council Members: Mr. M. N. Spencer wrote a letter to you concerning wheel- chair ramps in the public right of way. The departmental policy since Spring of 1975, has been to require the installation of wheelchair ramps at all new curb returns except at the inter- sections of local streets in residential areas. The 23 ramps noted in Mr. Spencer ' s letter were in improvement plans approved between 1972 and early 1975 . Enclosed are legal opinions dated January 19, 1972; February 13 , 1973 and April 30, 1974, on the subject. You will note the first two opinions in effect state that wheelchair ramps are required only to give access to buildings , structures , sidewalks , curbs and related facilities constructed by the use of state, county or municipal funds. The opinion dated April 30 , 1974, states that, "Any curb or sidewalk intended for public use must comply with the provisions of the Health and Safety Code which requires ramping or other accommodations to facilitate use by the physically handicapped. " I contend that driveways in a typical local street meet the intent of ramping to facilitate use by the physically handicapped. Driveways usually are within 50 feet of the corner and seldom beyond 100 feet and are of the same slope of a ramp which could be built on the corner. I personally am very much opposed to the installation of ramps at the curb return in the intersection. The temptation to children on bikes, tricycles , wagons , and skateboards to ride down the ramp is great. The element of danger is much greater than at a driveway because of the cross traffic, particularly at a four legged intersection. r/ Very truly yours , oe . E. Hart HEH:ae Director of Public Works q � 3/ xF'ATE OF i:ALIFORNIA— HEALTH AND WELFARE AGENCY ' EDMUND G. BROWN JR., Governor UEPARtMENT OF REHABILITATION ;T`` C!.ERf CiTy 6331 Reubens Drive iiur+nNGr;3l 1 PI1 fA! F. Huntington BE,ach, CA 92647 Phone (714) E4675302 25 AN 8 : U 1. March 19 , 1976 Mayor Norma Gibbs and Members of the City Council S City of Huntington Beach Huntington .Beach, Calif. 921648 Dear Mayor and City Council Members : We have noted that the City of Huntington Beach is NOT providing ramps at intersections to accomodate the physically handicapped, in new construction of PUBLIC SIDEWALKS . and ' curbs , as required by California Laws. See attached copies of Chapter 7 , Sections 4450 thru 4453 of. the Government Code, Part 5.5 , Div. 13 , Sections 19956.5 thru 19958 of the Health and Safety Code and the OPINION of the ATTORNEY GENERAL of the State of California regarding the above. On March 3, 1976 , a survey was made of a small area of Huntington Beach. We found that access for the physically handicapped was not provided to newly constructed PUBLIC SIDEWALKS & CURBS at the following corners : On UTICA, the SE corner of Delaware, the SE & SW corners of California, the NW & SE corners of Huntington. On TORONTO, the N8 & SE corners of Huntington, the NE & NW corners of Calif. On ALABAMA, the NW, SW & SE corners of Springfield, the NE corner of Rochester, the NW corner of Adams , the NE corner of Portland, the NE, SE, & SW corners of Oswego. In tract NW corner of Oswego & Delaware, on ADAMS , the NW corner of Delaware, the NE & NW corners of California and the NE corner of Huntington. We feel that failure to provide access to public sidewalks at these corners is in violation of Calif- ornia Laws . We recommend that the. City Council direct the City Engineer, and other departments involved, to require that access be provided for the physically handicapped by ramp to PUBLIC SIDEWALKS & CURBS , at intersections , in ALL new construction within the City of Huntington Beach. Respectfully you , M.N. Spencer, Consultant, Barrier Free Design Copies to: Mr. James Claytor, Deputy Attorney General 555 Capitol Mall, Sacramento, CA 95814 Richard C. Wooten, Chief, Mobility Barriers Section 722 Capitol Mall, Sacramento, CA 95814 ,► OFFICE OF THE ATTORN, Y GENERAL State of California EVELLE J. YOUNGER Attorney General OPINION of No. CV 73/307 EVELLE J . YOUNGER AP RIL 16 , 1974 Attorney General RICHARD L. MAYERS . Deputy Attorney General - - - - - - - - - - - - - - - - - - The Honorable Alan C. Nelson, Director of the Department of Rehabilitation, has requested an opinion on the following question: "Is Section 19956.5 Health and Safety Code, read in conjunction with Chapter 7 (commencing with Section 4450) , Division 5, Title 1, Government Code, limited in its application to curbs and sidewalks constructed adjacent to buildings funded from state, city, municipal or other political subdivision sources or do these statutes apply to all curbs and sidewalks intended for public use?" The conclusion is : health and Safety Code section 19956.5, when read in conjunction with the 1971 amendments to Government Code section 4450 et sue. applies to all curbs and sidewalks intended for public use irrespective of whether they are constructed with public or private funds and irrespective of whether those sidewalks and curbs are constructed adjacent to buildings financed from State or local government sources. s� ANALYSIS In 1968 Government Code section 4450 et seq. was enacted and provided that access to public buildings and facilities constructed with public funds was thereafter to be built so that public buildings and facilities would be usable by the physically handicapped. The following year the Legislature enacted a series of statutes (Health and Safety Code section 19955 et seq.) designed to insure that . access to public accommodations and facilities constructed with private funds would adhere to the provisions of Government Code section 4450 et sect. , namely that they would be built so as to be accessible to and usable by the physically handicapped. Two years later, the _ Legislature, by amending Government Code section 4450, extended the requirement that buildings and facilities constructed with public funds be accessible to the physically handicapped to encompass "structures, sidewalks, curbs and related facilities. " Chapter 1301, Stats. 1971. Continuing this concern for the physically handicapped the Legislature in 1972 then amended Health and Safety Code section 19955 relating to facilities constructed with private funds by including hospitals within the definition of the term "public accommodation or facilities" . Chapter 488, Stats. 1972. In the same' .year the Legislature further amended the Health and Safety Code (Stats. 1972, Ch. 1018) by adding section 19956.5 : "Any curb or sidewalk intended for public use that is constructed in this state with private funds shall conform to the provisions of Chapter 7 (comr:,encing with Section . 4450) of Division ' 5 of Title 1 of the Government Code. "This section shall apply, but not be limited in application, to any curb or sidewalk which after construction with private funds will 'be turned over to a city or county for public use, in order to , provide full and easy access to, and use of, such curb .or sidewalk by the physically handicapped. " This statute requires that any curb or sidewalk intended for public use that is constructed in this state with private funds conform to specified standards for access thereto by handicapped persons. Govern.-nent Code section 4455 places upon the Department of Rehabilitation the responsibility for "educating the public and working with officials of cities, 2.. i i . counties, municipalities and other .political subdivisions, private architects, designers, planners and other interested parties in order to encourage and help them make all buildings, facilities, and improved areas accessible to and usable by handicapped persons for purposes of rehabilitation, employment, business, recreation and .all other aspects of normal 'living." Since its effective date the Department of Rehabilitation has construed section 19956.5 to apply to all curbs and sidewalks constructed in this state for public use whether constructed with public or private funds and without regard to the public or private nature of -adjacent buildings. The department has indicated, however,- 'that in carrying out its duties under section 4455 of the Government Code, it has encountered a number 'of local agencies that interpret the above statutes to mean that only those sidewalks and curbs that are constructed adjacent to buildingsfinanced. from state- or local government sources need be accessible to and usable by the physically handicapped. We have been asked whether this construction is contrary to the legislative intent expressed in the statutes referred to above. Health and Safety Code section 19956.5 states plainly that any curb or sidewalk intended for public use shall be constructed so as to be usable by physically handicapped persons. The language does not contain any limitation that the legislation is applicable only where sidewalks and curbs are constructed adjacent to buildings financed from public funds. In fact, the language of the section specifically rebuts any such interpretation by providing that " [t]his section shall apply, but not be limited in its application, to any curb or sia we alk Which a ter construction with private funds will be turned over to a city or county for public use, . . . ." (Emphasis added.) Furthermore, the continued expansion of the provisions in the Health and Safety Code relating to the construction of facilities used by the public and constructed with private funds, as well as the liberalization of the provisions of Government Code section 4450 which relate to the construction of buildings and facilities with public funds, controvert any interpretation that would restrict the application of section 4450 to only sidewalks and curbs constructed adjacent to buildings financed from state or local government sources. Section 19956.5 of the Health and Safety Code applies to [a]ny curb or sidewalk" . (Emphasis added.) There is no . 3. 3 ra . r• language in section 19956.5 or elsewhere limiting the application of Government Code section 4450 (except for the waivers which may be granted under certain circumstances pursuant to Health and Safety Code section 19957--an exception that is not here relevant) . It is therefore concluded that health and Safety Code section 19956.5, when read in conjunction with the 1971 amendments to Government Code section 4450 et sew�. applies to all curbs and sidewalks intended for pubPic use irrespective of whether they are constructed with public or private funds and irrespective of tafhether those sidewalks and curbs are constructed adjacent to buildings financed from state or local government sources. 4. L A W S Chapter 261 of the 1968 Statutes Chapter 701 of the 1970 Statutes Chapter 1301 of the 1971 Statutes (Chapter 1458 of the 1971 Statutes (Chapter 444 of the 1971 Statutes Chapter 1368 of the 1971 Statutes Chapter 1182 of the 1972 Statutes Chapter 995 of the 1974 Statutes Chapter 7 (commencing with Section 4450), Division 5 of Title 1 of the Government Code: CHAPTER 7. ACCESS TO PUBLIC BUILDINGS BY PHYSICALLY HANDICAPPED PERSONS 4450. It is the purpose of this chapter to insure that all buildings, structures, sidewalks, curbs,, and related facilities, constructed in this state by the use of state, county, or municipal funds, or the funds of any political subdivision of the state shall be accessible to and usable by, the physically handicapped. The State Architect shall adopt by regulation standards for making buildings, structures, and related facilities accessible to and usable by the physically handicapped. The regulations shall impose the same requirements for buildings and structures as are contained in pertinent provisions of the latest edition of the Uniform Building Code, as adopted by the International Conference of Building Officials, and shall contain such additional requirements relating to sidewalks, curbs, and other related facilities as the State Architect determines are necessary to assure access and usability for the physically handicapped. In developing and revising such additional requirements, the State Architect shall consult with the State Department of Rehabilitation, the League of California. Cities, the County Supervisors Association of California, and at least one private Zrganization representing and comprised of physically handicapped persons. 4451. Except as otherV,ise provided in this section, this chapter shall be limited in its application to all buildings and facilities stated in Section 4450 intended for use by the public, which have any reasonable availability to, or - usage by, physically handicapped persons, including all facilities used for education and instruction including the University of California, the California - State Colleges, and the various junior college districts, which are constructed in whole or in part by the use of state, county, or municipal funds, or the funds of any political subdivision of the state. Buildings, structures, and facilities,aoccupied 50 percent or more which are leased, rented, contracted, sublet or hired for periods in excess of two years by any municipal, county, or state division of government, or special district shall be made accessible to and usable by the physically handicapped. Exceptions to this paragraph may be made upon application to, and approval by, the Department of Rehabilitation. a al Chapter 7 of the Government Code (con't) Except as otherwise provided by law, buildings, structures, sidewalks, curbs, and related facilities subject to the provisions of this chapter or Part 5.5 (commencing with Section 19955) of Division 13 of the Health and Safety Code shall conform to the regulations adopted pursuant to Section 4450 which are in effect on the date a building permit is issued therefor. With respect to such buildings, structures, sidewalks, curbs and related facilities for which a building permit is not required, regulations adopted pursuant to Section 4450 which are in effect at the time construction is commenced shall be applicable. All buildings, structures, and related facilities which are required to conform to the American Standards Association Specifications A117.1-1961 prior to the effective date of the regulations adopted by the State Architect shall continue to conform to the American Standards Association Specifications A117.1-1961. This chapter shall apply to temporary or emergency construction as well as permanent buildings. Administrative authorities as designated under Section 4453 may grant exceptions from the literal requirements of the standards or permit the use of other methods or materials, but only when it is clearly evident that equivalent facilitation and protection are thereby secured. 4452• It is the intent of the Legislature that the standards adopted by the State Architect pursuant to Section 4450 shall be used as minimum standards to insure that buildings, structures and related facilities covered by this chapter are accessible to, and functional for, the physically handicapped to. -through, and within their doors, without loss of function, space, or facility where the general public is concerned. Any unauthorized deviation from the standards shall be rectified by full compliance within 90 days after discovery of the deviation. 4453• The responsibility for enforcement of this chapter shall be as follows: (a) Where state funds are utilized, by the Director of the Department of General Services. (b) Where funds of counties, municipalities, or other political subdivisions are utilized, by the governing bodies thereof. 4454• Where state funds are utilized for any building or facility subject to this chapter, no contract shall be awarded until, the Department of General Services has issued written approval stating that the plans and specifications comply with the intent of this chapter. In each case the application for approval shall be accompanied by the plans and full, complete, and accurate specifications, which shall comply in every respect with any and all requirements prescribed by the Department of General Services. 5 2 a� Resolved, That the Chief Clerk of the Assembly shall prepare a suitable copy of this resolution and present it to the California Association of the Physically Handicapped and shall further dispatch a copy of this resolution and a copy of the symbol to the Director, State Department of General Services, the chairman of each county board of supervisors, the mayor of each city and municipality and chief of the building department for each of the aforementioned. (Chapter 1560 of the 1969 Statutes) (Chapter 821 of the 1971 Statutes) (Chapter 488 of the 1972 Statutes) (Chapter 1018 of the 1972 Statutes) (Chapter 931 of the 1973 Statutes) (Chapter 995 of the 1974 Statutes) Part 5.5 (Commencing with Section 19955). Division 13 of the Health and Safety Code: PART 5.5 ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS 19955• The purpose of this part is to insure that public accommodations or facilities constructed in this state with private funds adhere to the provisions of Chapter 7 (commencing with Section "50 of Division 5 of Title 1 of the Government Code). For purposes of this part "public accommodation or facilities" means a building, structure, facility, complex, or improved area %-hich is used by the general public and shall include auditoriums, hospitals, theaters, restaurants, hotels, motels, stadiums, and convention. centers. As used in this section, "hospitals" includes, but is not limited to, hospitals, nursing homes, and convalescent homes. When sanitary facilities are made available for the public_, clients, or employees in such accommodations or facilities, they shall be made available for the physically handicapped. Any new requirements imposed by the amendments to this section enacted by the Legislature at its 1973-74 Regular Session shall only apply to public accommodations or facilities constructed on or after the effective date of the amendments. 19955.5• All passenger vehicle service stations, shopping centers, offices of physicians and surgeons, and office buildings constructed in this state with private funds shall adhere to the provisions of Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code. As used in this section, 'office building" means a structure wherein commercial activity or service is performed or a profession is practiced, or wherein any combination thereof is performed or practiced in all or the majority of such building or structure. In multistoried buildings, floors or levels above and.below the first floor or ground level are exempt from the requirements of this section if a ramp or ._ elevator is.not available to provide public access to such floors or levels. a 5 Part 5.5, Division 13 of the Health and Safety Code (con't) When sanitary facilities are made available for the public, clients, or employees in such stations, centers, or buildings, they shall be made available for the physically handicapped. Any new requirements imposed by the amendments to this section by Chapter 931 of the Statutes of 1973 shall only apply to such stations, centers, or office buildings constructed on or after September 30, 1973. Any other new requirements imposed by amendments to this section enacted by the Legislature at its 1973-74 Regular Session shall only apply to such offices or office buildings constructed on or after the effective date of the amendments. 19956. All public accommodations constructed in this state shall conform to the provisions of Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code; and except that in multistoried buildings, floors or levels above the first floor or ground level are exempt from the requirements of this chapter if a reasonable portion of all facilities and accommodations normally sought and used by the public in such a building are accessible to, and useable by, the physically handicapped. 19956.5. Any curb or sidewalk intended for public use that is constructed in this state with private funds shall conform to the provisions of Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code. This section shall apply, -but not be limited in application, to any curb or sidewalk which after construction with private funds will be turned over to a city or county for public use, in order to provide full and easy access to, and use of, such curb or sidewalk by the physically handicapped. 19957• In cases. of practical difficulty, unnecessary hardship, or extreme differences, a building department responsible for the enforcement of this part may grant exceptions from the literal requirements of the standards and specifications required by this part or permit the use of other methods or materials, but only when it is clearly evident that equivalent facilitation and protection are thereby secured. 19958. The building department of every city, county, or city and county shall enforce this part within the territorial area of its city, county, or city and county. The responsibility for enforcing Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code in its application under this part shall be by such building department within the territorial area of its city, county, or city and county. "Building department" means the department, bureau, or officer charged with the enforcement of laws or ordinances regulating the erection or construction, or both the erection and construction, of buildings. 19959• After the effective date of this section, every existing public accommodation constructed prior to July 11 1970, which is not exempted by Section 19956, shall be subject to the requirements of this chapter when any alterations structural.repairs or additions are made to such public accommodation. This requirement shall only apply to the area of specific alteration, structural repair or addition and shall not be construed to mean that the entire building or facility is subject to this chapter. 6 _a OFFICE OF THE CITY ATTORNEY OPINION NO. 74-22 April 30, 1974 T SUBJECT: Access to Public Sidewalks by the Handicapped REQUESTED BY : David D. Rowlands , City Administrator PREPARED BY: Don P. Bonfa, City Attorney John O'Connor, Deputy City Attorney QUESTION: Do curbs and sidewalks constructed in the city which are ,intended for public, use require ramping or other appropriate accommodation to provide access and use by the physically handicapped? OPINION: Any curb or sidewalk intended for public use must comply with the provisions of the Health and Safety Code which requires ramping or other accommodations to facilitate use by the physically handicapped. ' DISCUSSION: Section 19956. 5 of the Health and Safety Code states, "Any curb or sidewalk intended for ublic use that is Constructed in this State with private funds shall conform to the pro- visions of Chapter 7 . . . " (Chapter 7 requires ramping. ) . . . "This section shall apply but not be limited in applic.a tion to any curb or sidewalk which after construction with private funds will be turned over to the city or county for public use, in order to provide full and easy , access to, and use of, such curb or sidewalk by the physically handicapped." The above section is clear on its face. It expressly provides that "any curb or sidewalk intended for public use" and "to provide 'u11 and easy access to the use of suq .curb .or 81100alk by the physically handicapped walk s a e r sAp o 180, ----------- OFFICE OF THE CITY ATTORNEY April 30, 14974 Opinion 'No. 74 -22 Rage 2 The Attorney General opinion No . CV 73/30Y attached hereto reaches the same conclusion. The conclusion is inescapable that any curb or sideway intended for public use constructed in the City of Huntington Beach on the effective date of Section 19956. 5 must comply with provisions of the Health and Safety Code relative to access by the handi, r ed. DON P . BONFA City Attorney and JOHN O'CO OR /Deputy C y Attorney DPB:JJO:er Attachment 181 . ADDENDUM CITY ATTORNEY'S OPINION NO. 72-1 13 February 1973 4 SUBJECT: Access to Public Buildings by Physically Handicapped Persons - AB 1655 REQUESTED BY: James R. Wheeler, Public Works Director PREPARED BY: Don P. Bonfa, City Attorney James Georges , Deputy City Attorney QUESTION: Does Section 4450 et seq . of the Government Code apply when street improvements are made : ANSWER: No, unless improvements are made on streets which give access to buildings , structures , sidewalks , curbs and related facilities con- structed by the use of state, county or muni- cipal funds . DISCUSSION: AB 1655 will become law on approximately March 9 , 1973, and it is added to . the Health & Safety Code as Section 19956.5 . It requires any curb or sidewalk intended for public use that is constructed in this state with private funds to conform to Government Code Section 4450 et seq. It also applies to any curb or sidewalk which after construction with private funds will be turned over to a city or county for public use . This means that for those curbs and sidewalks , which fall within the application of AB 1655 and Government Code Section 4450 . et seq . , ramps must be provided in new construction or whenever repairs are made . Bear in mind that Government Code Section 4451 states , in effect, that ramps must be provided for those curbs and sidewalks which give . access to all buildings and facilities intended for use by the public . Question - are private homes in a subdivision con- sidered to be buildings and facilities intended for use by the public : I think not ! Therefore, in my opinion, all AB 1655 does is to include curbs and sidewalks constructed with private funds and later to be turned over to a city or county for public use , provided that these private curbs and sidewalks turned Y a Addendum to Opinion No . 72-1 February 13, 1973 public (public use) give access to a building or facility intended for use by the public. This rules out private homes in a subdivision. I think the effect of AB 1655 is to make applicable a situation where a supermarket, movie theater, department store, etc . con- structs with private funds a parking lot with curbs and side- walks adjacent to (or nearby) its building, and then after con struction is completed turn over the curbs and sidewalks to the city or county for public use (and for maintenance and repair. ) Mr. Sorensen, the private practice/part-time city attorney of Downey slightly disagrees with my interpretation. His opinion is that AB 1655 should be interpreted as though Government Code Section 4451 is a limitation upon it (to which I -agree) , and that the only purpose of AB 1655 is to distinguish a pure-ly private sidewalk from a sidewalk constructed with ,private funds but intended to be made a public sidewalk (with which ,I disagree because a subdivision sidewalk is a public sidewalk but does not give access to a public building) . Mr. Schneider, Deputy Los Angeles County Counsel, disagrees with Mr. Sorensen and me . It is his opinion that AB 1655 provides that any curb or sidewalk intended for public use constructed with private funds shall also provide ramps , including private developments as subdivisions where sidewalks are to be turned over for public maintenance after construction. 1 DON P. BONFA City Attorney '' L% and '•=DAMES GEORGES 'r Deputy City Attorney DPB :JG:bc 4 OFFICE OF THE CITY ATTORNEY OPINION NO. 72-1 19 January 1972 SUBJECT : Access to Public Buildings by Physically Handicapped Persons REQUESTED BY: James R: Wheeler, Public Works Director PREPARED BY: Don P. Bonfa, City Attorney James Georges , Deputy City Attorney QUESTION: Does Section 445.0 et seq. of the Government Code apply when street improvements are made? ANSWER: No, unless improvements are made .on streets which give access ..to buildings , structures , sidewalks , curbs and related facilities' con- structed by the use of state , county or muni- cipal funds . DISCUSSION: The purpose of Section 4450 et seq . of the Government Code is to insure that all public buildings , structures , sidewalks , curbs , public transportation be accessible to . and usable by the physically handicapped. However, not every intersection street improvement within the city limits of Huntington Beach is required to be accessible to, and usable by, the physically handicapped; only those areas which impede access to public '.buildings ..by the physically handi- capped must conform to the code requirements . The general rule would be, if access to public buildings by physically. handicapped persons are impeded by sidewalks and curbs , then street improvements on said sidewalks and curbs must conform to the code requirements . Likewise , improvements on ,curbs and sidewalks appurtenant. to parking lots .which have proximity to public buildings , must also conform. . Public buildings include public accommodations constructed with private funds , and it includes building, structure , or improved area which is used primarily by the general public in a place of gathering or amusement , including theaters , restaurants , hotels and stadiums (Health and Safety Code , Section 19955) • 40 ��, TI .. Office of the City Attorney 19 January 1972 Opinion No. 72-1 Page .2 This opinion is limited to street improvements, curbs and sidewalks . DON P. B ZrA, ty At rn and f AMES GEORGES, D puty City Attorney " DPB :JG:bc 1 1 41 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Gail.Hutton, City Attorney Connie Brockway, City Clerk FROM: Robert F. Beardsley, Director of Public Works DATE: June 23, 2000 SUBJECT: CASE NO. 00CCO0677 NOTICE OF TAKING DEPOSITION OF THE PERSON MOST KNOWLEDGEABLE THE CITY OF HUNTINGTON BEACH CALIFORNIA AND PRODUCTION OF DOCUMENTS Pursuant to your memorandum regarding the above matter, your contact personnel are: Maintenance: Chris Gray, Ext. 5042 Design: Steve Krieger, Ext. 5259 DDS:jm c: Don Noble, Maintenance & Operations Manager Dave Webb, D G 'n G:ENG\9RDSLY\CASEN000CC00677 F�7 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION I 1*r . t,VA � " TO: GAIL HUTTON, City Attorney 4tipr "I FROM: CONNIE BROCKWAY, City Clerk do D� DATE: June 9, 2000 SUBJECT: CASE NO. OOCCO0677 NOTICE OF TAKING DEPOSITION OF THE PERSON MOST KNOWLEDGEABLE THE CITY OF HUNTINGTON BEACH QALIFORNIA AND lJ PRODUCTION OF DOCUMENTS The City Clerk's Office received the attached NOTICE OF TAKING DEPOSITION OF THE PERSON MOST KNOWLEDGEABLE THE CITY OF HUNTINGTON BEACH CALIFORNIA AND PRODUCTION OF DOCUMENTS from the Law Offices of Peter F. Musielski attorney for Jeffrey Doherty, a minor by Richard Doherty as Guardian Ad Litem. zcc� Robert Beardsley, Director of Public Works RC OJUN - 9 rnn T. OF PUBLIC WORKS r 1 Law Offices of fr'�:'.+_'�,,,,,�-1,f � 1 PETER F. MUSIELSKI -r �,� . 2 1801 Parkcourt Place lowJ" CA _o Building I, Suite 104 3-- 3 Santa Ana, California 92677 4 State Bar No: 82486 5 (714) 5581773 6 Attorney for PLAINTIFF, JEFFREY DOHERTY 7 SUPERIOR COURT OF CALIFORNIA 8 COUNTY OF ORANGE,WEST JUSTICE CENTER 9 JEFFREY DOHERTY, A Minor by ) CASE NO: OOCCO0677 10 Richard Doherty as Guardian Ad Litem ) 11 ) NOTICE OF TAKING DEPOSITION Plaintiff, ) OF THE PERSON MOST 12 ) KNOWLEDGEABLE THE CITY OF VS. ) HUNTINGTON BEACH 13 ) CALIFORNIA AND PRODUCTION CITY OF HUNTINGTON BEACH ) OF DOCUMENTS' 14 CALIFORNIA and DOES 1 through 100, ) / 15 Inclusive, ) DATE: 07/20/00 TIME: 10:00 A.M. 16 Defendants ) PLACE: Law Offices of PETER F. MUSIELSKI 17 1801 Parkcourt Place Building I, Suite 104 18 Santa Ana, California 92677 19 TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 20 PLEASE TAKE NOTICE that the PLAINTIFF, JEFFREY DOHERTY, by and 21 through his Attorney of record, PETER. F. MUSIELSKI, will take the Deposition by oral 22 23 examination of the Person Most Knowledgeable for the City of Huntington Beach, California 24 of construction, maintenance, repair and design of storm drains, storm drain grates, any 25 accidents involving storm drain grates and the construction of wheel chair and/or handicap 26 access from the side walk to the street within the city of Huntington Beach. 27 . 1 28 NOTICE OF DEPOSITION AND PRODUCTION OF DOCUMENTS I The deposition will take place on July 20, 2000, at 10:00 a.m. at the LAW OFFICE 2 OF PETER F. MUSIELSKI located at 1801 Parkcourt Place, Building I, Suite 104, Santa 3 Ana, California 92701. 4 The said Deposition will be taken before a Notary Public in and for the County of 5 Orange, State of California. 6 7 If, for any reason, the taking of said Depositions are not completed on said date, the 8 taking thereof will be continued from day to day, excluding Sundays and holidays, until 9 completed. 10 IF AN INTERPRETER IS REQUIRED TO TRANSLATE TESTIMONY, 11 NOTICE OF SAME MUST BE GIVEN WITHIN FIVE (5) DAYS BEFORE 12 DEPOSITION DATE AND THE SAID SPECIFIC LANGUAGE AND/OR DIALECT 13 DESIGNATED. 14 PLEASE TAKE FURTHER NOTICE that request is hereby made, pursuant to .15 16 CODE OF CIVIL PROCEDURE, §2025 and §2031, that said Deponent produce at the 17 aforementioned Deposition the following writings, documents and other things as follows, 18 which are in the custody of said party's attorneys, employees, agents and investigators. 19 CALIFORNIA EVIDENCE CODE, §250 defines"writing" as follows: 20 "Writing means handwriting, typewriting, printing, Photostatting, photographing, and 21 every other means of recording upon any tangible.thing any form of communication or 22 23 representation, including letters, words,pictures, sounds, or symbols, or combinations thereof. 24 Upon production the items listed as follows: 25 1. Provide any and all documents, notes, memorandums, writings of all 26 claims made for any and all injuries and/or damage involving any condition(s) pertaining to 27 2 28 NOTICE OF DEPOSITION AND PRODUCTION OF DOCUMENTS 1 the storm drains or the storm drain grates within the City of Huntington Beach, California 2 from January 1, 1990 to the present. 3 2. Any and all documents for any maintenance, repair or modifications of the 4 storm drains or the storm drain grates within the City of Huntington Beach, California from 5 January 1, 1990 to the present. 6 The Documents will be inspected, photographed, or photocopied prior to or during the 7 8 depositions, and unless attached as exhibits to the_Deposition will be returned to the agent 9 producing them when the Deposition is concluded. 10 DATED: Ju 000 11 P F. USIEL Kl, Atto 12 PLAINTIFF,JEFFREY DOHERTY 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 28 NOTICE OF DEPOSITION AND PRODUCTION OF DOCUMENTS 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF ORANGE 3 I am employed in the County of Orange, State of California. I am.over the age of 18 and not.a party to the within.action; my business address is 1801 Parkcourt Place, Building I, Suite 1:04, 4 Santa Ana, CA 92701: 5 On June eo , 2000 I served the foregoing document described as: 6 NOTICE OF TAKING DEPOSITION OF THE PERSON MOST KNOWLEDGEABLE 7 CITY OF HUNTINGTON BEACH CALIFORNIA AND PRODUCTION OF 8 DOCUMENTS 9 on the interested parties in this action by placing [a true copy OR the original] thereof, enclosed in a sealed envelope, addressed as follows: 10 GAIL HUTTON, City Attorney 11 SARAH LAZARUS, Deputy City Attorney 12 Box. 190, 2000 Main Street Huntington Beach, CA 92648 13 City Clerk of Huntington Beach 14 2000 Main Street Huntington Beach, California 92648 15 16 (X) [BY MAIL] I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the 17 United States Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California 18 () [BY PERSONAL SERVICE] 19 By personally delivering copies to the person(s)named above. 20 I caused such envelope to be delivered by hand to the offices of the address pursuant to C.C.P., Section 1011. 21 O [BY FACSIMILE] 22 On the interested parties in this action pursuant to C.R.C. Rule 2009(b). The FAX numbers that I used were 23 24 **The facsimile machine I used complied with Rule 2003(3) and no error was reported by the machine. 25 1 declare under penalty of perjury that the above is true and correct. 26 Executed on June, 2000,at Santa Ana, California. 27 28 ' Tracy A. De y, Parale r v-v REQUES F. FOR CITY COUNCIL 'AUTION 3' " Submitted by H. E. Hartge/�J Department Public Works Date Prepared November 16 , 19 788 Backup Material Attached © Yes No Subject Tree and Shrub Obstructions Within the Public Rights-of-way City Administrator's Comments Approve as recommended. { S Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of Issue: A number of property owners have ignored a legal notice to trim their privately-owned trees and shrubs obstructing the public rights-of-way. Recommendation: It is recommended that the City Council order the Director of Public Works to perform the required tree and .shrub clearing of the public rights-of-way at the expense of the property owners per Municipal Code Section 8 . 17 . 060. Analysis: Throughout the City various trees and shrubs obstruct the public rights-of- way. These obstructions sometimes occur within the roadway and sometimes within the parkway or sidewalk area. Formal notices were mailed to the property owners explaining the obstruction within the public right-of-way and requesting the obstruction be removed. If the obstruction was not . removed within three weeks of the first notice, a second and final notice containing similar language was mailed to the property owner including a requirement that the work be accomplished within 10 days or that it will be completed by City forces, in which case all costs involved will be charged to the property owner. As required by Municipal Code Section 8 . 17 . 060 we have prepared a delinquency report listing those property owners who have for whatever reason refused to clear the public right-of-way as .requested in. the two notices .mailed. . . Also listed is an estimate of the probable cost of doing the work. Alternatives: Modify existing Municipal Code Chapter 8 . 17 which requires the recommended action. Funding Source: There are no expenditure of funds involved; in . the recommended action. Pio ins c HEH-.MZ: jy • City :of Huntington Bpa.cl tepartment of Public -). -a Tree and/or Shrub Obstructions Delinquency Report November 1978 1 . 20511. Salt Air $132 . 86 34 . 17431 Avalon $ 58 . 76 2 . 20502 Salt Air 58 . 76 35 . 1711.1 Edwards 58 . 76 . 3 . 1S971. Puritan 58 . 76 36 . 9351 Greenwich 88 . 21 4 . 15871 Plymouth 58 . 76 37 . 10021 Bismark 132 . 86 S . 6781 Bonnie S8 . 76 38 . 83'01 Hayes 58 . 76 6 . 6502 Corrine Cr . 132 . 86 39 . 19262 Harding . 58 . 76 . 7 . 6231 Gumm 132 . 86 40 . 8461 Crane Cr. 58 . 76 8 . 19472 Weakfish Ln . 58 . 76 41 . 10011 Meredith ... S8 . 76 9 . 10331 Maikai Ln . 88 . 21 42 . 9791 Olympic 58 . 76 10 . 16281 Santa Anita 88 . 21 43 . 21131 Shephard 58 . 76 . 11 5501 .Heil 88 . 21 44 . 943.1 Neolani Dr . S8 . 76 12 . 16192 Brimhall 132 . 86 4S . 6792 Spickard S8 . 76 13 . . 19082 Bikini 88 . 21 46 . 6292 Santa Ynez 88 . 21 14 . 9051 Veronica S8 . 76 47 . 6172 Point Loma 88 . 21 15 . 19092 Papua Ln. 132 . 86 48 . 6512 Cory Dr . 88 . 21 16 . 20521 Suburbia Ln. 58 . 76 49 . 6542 Cory Dr . 58 . 76 17 . 21671 Hilaria S8 . 76 50 . 6961 Paula Cr . 58 . 76 18 . 9502 Smokey Cr . 88 . 21 Sl . 6802 Spickard 132 . 86 19 . 19962 Lotus Ln . 88 . 21 52 . 162S1 Howland S8 . 76 20 . 19692 Westwinds Ln . S8 . 76 53 6.202 Point Loma 132 . 86 21 . 19662 Wes twinds Ln. 58 . 76 S4 . 22001 Balboa Cr. 88 . 21 22 . 6872 Seaway Cr . 58 . 76 SS . 22001 Newport Cr . 58 . 76 23 . . 9501 Bass Dr . 132 . 86 56 . 20.802 Crestview 88 . 21 24 . 9361 Greenwich 88 . 21 57 . 9471 Karen 88 . 21 25 . 19522. 0ccidental Ln . 132 . 86 58 . 9471 Alii. Cr . 132 . 86 26 .: 21032 Greenboro 58 . 76 59 . 20912 .Crstview Ln. 58 . 76 27 . 10022 Bismark 88 . 21 60 . 20651 Kelvin 88 . 21 29 . 17031 Pinehurst 58 . 76 61 . 9.642 Scotstoun 58 . 76 30 . 6392 Gloria 58 . 76 62 . 8302 Polk 88 . 21 31 . 6882 Nyanza 58 . 76 63 . 20722 Goshawk Dr . 88 . 21 i 33 . 17061 Rotterdam 5.8 . 76 64 . SS01 Heil 132 . 86 h 65 . 6502 Corrine Cr . $132 . 86 66 . 6472 Weber Cr . 88 . 21 67 . 6502 Paris Cr . 132 . 86 68 . 14942 Trojan Cr.. 132 . 86 69 . 17291 Avalon Ln . 132 . 86 70 . 17791 Still Harbor Ln . 88 . 21 71 . 20011 Crown Reef 58 . 76 72 . 6661 Crista Palria 58 . 76 73 . 6092 Point Loma 88 . 21 74 . _10291 Samoa Dr . 132 . 86 75 . 6832 Bridgewater Dr . 132 . 86 76 . 10161 Forrestal Dr . 1.32 . 86 77 . 700 Fifth St . 176 . 29 78 . 19172 Bikini Ln . 176 . 29 . i 15 July 1969 TO : City Council FROM: City Attorney SUBJECT : Obstruction of Public and Quasi-public Ways At the request of the police department , we submit the attached ordinance for Council approval . This ordinance will provide the police department with a tool to keep sidewalks clear. Respectfully submitted, DON P. BONFA City Attorne DPB:ahb Attachment r -_ Huntington Beach Safety Council P.O. Box 610 HUNTINGTON BEACH, &LIFORNIA January 12, 1968 Huntington Beach City Council P. 0. Box 190 Huntington Beach, California Attention: Mr. Doyle Miller City Administrator Gentlemen: By formal motion at a regular meeting the Huntington Beach Safety Council recommended that the Huntington Beach City Council be asked to provide a sidewalk from Edinger Street north on Graham to improve access to the Marina Branch Library. The Safety Council sincerely believes the addition of the sidewalk would make for safer and better access to the library. Sincerely, H. S. Kelley President HSK:gs A Sep RE iERR .® Honorable Mayor-, -Members of the City Council BY COUNCIL Huntington Beach, CaliforniaT . ! Gentlemen: O CT....... . I would like to call your attention to a situation within the City of Huntington Beach which I be- lieve warrants reconsideration. Some years ago the City Council established an in- formal policy' regarding the closing of. pedestrian openings in walls surrounding residential tracts . Of course, no such openings are permitted in walls for new tracts and this has been the case for sev- eral years However, prior to a change in the code a number of tracts in the northern part of the city had such openings. . The policy established was to permit the residents, at their own expense to wall in the opening, provided signatures of ALL residents on the cul-de-sac block could be obtained consent- ing to such.-a . closure. With rare exceptions this is almost an impossibll- ity. Almost invariably there is at least one per- son on the block who will object, often without any known reason. The most important factor .is safety of children, as almost all of. these openings are on to high speed, heavily travelled thoroughfares . A missed playball, a thoughtless dash after' it through,' the opening, and the ingredients for tragedy are there. On my own street, Canterbury` Drive , this is the case. The opening is onto Golden West 'Street, which at this point is in the. City of Westminster. Speed enforce- ment is certainly not at its best. We have been able to obtain the signatures of all but two families on the street. Ironically, both families are employed by the Huntington Beach Police Department . In one case , a police officer, there seems to be- no_ feeling against the closure, only that there is reluctance to sign .any such petition. In the other case, there is' a strong objection to the closure, although the. reasons are difficult to understand. I would like to ask the Council to consider a change from a 1000 participation on the block to a more rea- listic 75 0. The residents of most :of these streets are more than willing to pay. for the closure, so that such a change would in no way create an expense to the city. Our City Attorney has indicated '-to me that. Next Page Page Two-- any change can be made by minute action Of the Council and requires no formal .resolution. In fact, apparently, any action regarding the openings can be taken .by the._ council at any time. In light of. the fact that a city employee is involved in this particular question, and because of my. own position on the City Council, I have hesitated to make an issue of this. However, the average speed on Gol- den West seems to be getting greater, and we are hav- ing an .ever increasing number of heavy trucks using the street since it has become a four-lane, divided roadway, and we are becoming increasingly concerned for the safety of our children. I would appreciate your consideration of this request. at the earliest- possible time. . , Sincerely, Jack Green . 6972 Canterbury. Dr. Huntington Beach 'Ot /V 0 ARTIOGTOn B(RCH Union HIGH SCHOOL DISTRICT 1 9 0 2 S E V E N T E E N T H S T R E E T • H U N T I N G T O N BE AC H, CALIFORNIA 9 2 6 4 6 • T E L E P H O N E 5 3 6- 9 3 3 1 HUNTINGTON BEACH HIGH SCHOOL MARINA HIGH SCHOOL FOUNTAIN VALLEY HIGH SCHOOL WESTMINSTER HIGH SCHOOL WINTERSBURG HIGH SCHOOL MAX L. FORNEY, Ed. D. BOARD OF TRUSTEES DISTRICT SUPERINTENDENT JOHN J.BENTLEY JOSEPH E.RIBAL,PH.D. EDWIN W.ANDERSON R.M.SCHMIEYUKER TT ASSISTANT SUPERINTENDENT MATTH EW L.W R.B.WILSONILSON BUSINESS SERVICES SCOTT E. FLANAGAN Jul 12 nC ASSISTANT SUPERINTENDENT ✓ f 1 9 t EDUCATIONAL SERVICES, PERSONNEL n City Council City of Huntington Beach Civic Center Huntington Beach, California Gentlemen: The site development construction work for the Edison High School on the east side of Magnolia Street between Atlanta and Hamilton is now in process. In- cluded in this work is the off-site improvement including curbs and sidewalks with the laying of the sidewalks by the Contractor's schedule to be accomplished within the next several weeks. The High School District Board of Trustees, at the last regular meeting,instructed that a request be directed to the City for a variance to permit the paving of the full extent of the sidewalk area for the entire length of the school frontage. It is our understanding that present City standards require the provision of tree planting wells. Attached is a drawing showing, in a preliminary fashion, the proposed landsca- ping of the school along the Magnolia frontage. The trees, as provided by the required tree planting wells, are shaded in yellow and those to be included within the scope of on-site improvements are shaded in green. The Board of Trustees has always been concerned that adequate screen planting be provided! and it is felt that this will be accomplished with the planned on- site plantings. Further, if the sidewalk plantings were developed, there would be some conflict between them and the other trees planted in the on-site planting beds immediately adjoining the sidewalk. In addition, the curb and sidewalk area fronting the school will be subject to heavy use for the loading and unloading of buses and other vehicles. It is felt that such use should not be restricted by sidewalk plantings and further that, if the plantings were in fact developed, they would be subject to considerable damage because of such extensive traffic. The requested action is commensurate with action previously requested and permitted by the City of Huntington Beach for the Wintersburg High School and in connection with the Fountain Valley High School by the City of Fountain Valley. It is suggested that members of the Council might get an impression of the type of on-site landsca- ping proposed for Edison High School by visiting the Fountain Valley High School. Since the laying of the sidewalk will be in process within the next few weeks and it would be desirable to lay the full extent of the sidewalk including the plan- ting well area at one time, it would be appreciated if this matter might be con- sidered by the Council at an early date. -2- City Council City of Huntington Beach July 12, 1967 Thank you for your consideration in this regard. Very truly yours, Edwin W. Anderson Assistant Superintendent- Business Services EWA:j e [� /00 INGTpN �rpaa'R 4TFoBFyc„ 0 CITY OF tAma - - -- ------ - - -- - -- ---- -- -- ------ ---- y -o Q CALIFORNIA yC e',-1 09, \�O NTY GPI July 19, 1967 Mr. Edwin W. Anderson Huntington Beach Union High School District 1902 Seventeenth Street Huntington Beach, California Re: Edison High School Sidewalks Dear Mr. Anderson: Your July 12 request for permission to pave the entire sidewalk area throughout the entire school frontage was considered by the City Council at their July 17 meeting. It is understood that the sidewalk treatment adjacent to Edison High School will be the same as that approved by the City Council for the Wintersburg High School in the Warner Avenue vicinity. With this understanding, your request was approved by the Council by minute action. Please feel free to work with our Public Works Department during construction. Sincerely, Doyle Miller City Administrator DM:bwo i I i I I I City ®f Huntington Beach o „ r P P.O. BOX 190 CAUFORN1A 92648 G' ��ieoe• �<c COUNCILMEN JAKE R.STEWART, MAYOR TED W. BARTLETT ALVIN M. COEN ERNEST H. GISLER N. JOHN V. V. GREEN DR. HENRY S. KAUFMAN DR. DONALD D. SHIPLEY May 31, 1966 1 PAUL C. JONE9 CITY CLERK K. DALE BUSH CITY ATrORNMY SET" DIEKOFF TREASURER Mrs. Anthony Tuttelmondo OFFICIALS 14951 Malm Circle DOYLE MILLER Huntington Beach, California ADMINISTRATIVE OFFICER BRANDER D.CASTLE Dear Mrs . Tuttelmondo: ASSISTANT ADMINISTRATOR JAMES R. WHEULER DIRECTOROF PUBLIC WORKS We have just received your letter to Councilman Kaufman FRANK B.ARGUELLO expressing concern about the appearance of sidewalks and FINANCE DIRECTOR parkways in the vicinity of- Edinger, Goldenwest and JOHN SELTZER POLICE CHIEF Springdale. DILBERT G. HIGGINS FIRE CHIEF As you probably kn6w, maintenance of sidewalks and park- VINCENT G. MOORHOUSE way;:space between sidewalks .and the curb are the LIFEGUARD CHIEF obligation of the abutting property owners. The city, OLLIN RHIE AND BUILDING DIRECTOR under the law, is responsible for maintenance of the KENNETH A. REYNOLDS traveled way on a public street. The city doe$, however, insist that property owners maintain this right of way in a non-hazardous condition. We appreciate your calling this to our attention and perhaps we:can be influential in bringing about an improvement of the condition. Your question regarding disposition of your tax monies, I think, can be best answered as follows: Total tax monies paid on a home with a fair market value of $20, 000 in an average tax code area would be. . . . . . . . . . . . . . . . . . . . . . . . . .$461.94 • a w. Mrs. Anthony Tuttelmondo May 31, 1966 Page 2 Of this amount the schools receive. . . . . . .$240.72 the city. . . . . . . . . . . . . . . . . . 66.50 the county. . . . . . . . . . . . . . . . 85.50 special districts. . . . . . . . . 69.22 For the $66.50 received by the City you receive 104 trash and garbage pickups, street lighting, library service, beach, park and recreation service, as well as the usual fire and police service, plus street maintenance services and governmental administration. In most cities a monthly charge is made for trash and garbage service, and a separate tax is assessed for library, street lighting, and park and recreation service. Inasmuch as these services are all included in the $66.50 yearly city tax, we feel the Huntington Beach taxpayer receives a good accounting for his tax dollar. We want to thank you for your interest and cooperation. Sincerely, CITY OF HUNTINGTON BEACH Doyle Miller City Administrator DM:bwo CC: Dr. Henry Kaufman, Councilman >�@�tING1'�,�, P.t^. C?:> 11C30 CAL.'Fi"3rsN?A 52648 CogNCILmEu . r J,b iGhS R—STVhjAQ qT. F4fa Yf.N2 - -.LD W. E?.::TLC,"•"['T P.!_VIN M. COEN ERNEST H. GISLER N. JOHN V. V. GREEN - DR. HENRY S. KAUFMAN '] DR. DONALD D. SHIPLEY May 31, 1966 PAUL C. JONES CITY CLERK K. DALE BUSH CITY ATTORNEY BETTY DIEKOFF Mr . Sam. Landi Ref: Driveway at Alley TREASURER 319 llth Street 319 llth Street Huntington Beach, Calif. OFFICIALS DOYLE MILLER Dear Mr . Landl o ADMINISTRATIVE OFFICER BRANDER D. CASTLEIn checking with the Public Works .Department I find ASSISTANT ADMINISTRATOR JAMES R. WHEELER it was necessary to regrade a portion of the alley in DIRECTOR OF PUBLIC WORKS the 300 block between Orange and Olive. In the FRANK S. ARGUELLO regrading operation it was necessary to take out those FINANCE DIRECTOR driveways immediately adjacent to the newly graded JOHN SELTZER POLICE CHIEF alley and re-cede them. The three garages mentioned that DELBERT G. HIGGINS were left unpaved were adjoining the portion of the FIRE CHIEF alley that was not regraded. VINCENT G. MOORHOUSC C D LIFEGUARHIHR g OLLI C. Under existing city policy the only time the city BUILDING DIRECTOR repaves a private driveway at the street or alley KENNETH A. REYNOLDO property line would be at such a time as the city re- PLANNING DIR3GT9R grades the street or alley thereby hindering or preventing the owner access to his property. Sincerely, Doyle .filler City Administrator 7-11 e bwo OOPYr- r 399 11 tb e1k RmUngton mobs MI if XV 24 1� Sir tktadl of MmUngtoM Besobj, 1hating0on Beasbs . ®sA3lb�rrrit� Dear IrH® g a LUA 9a MMSDN is the lamest p r%r ower on 11 th Stre@4 betwma OrQmV Sad 021vos bwdft 4eren renWe and &ffcu XWM ad% fbolft an The 821dr. ReserMys a =m ogler tree been p" In beivem lReventb ftd 4WdM aftwft =I Ord Said C111vs and we 4" all eo SruUM ash ® hiM md t&$ Star of or Mrs. tmrsan°s re is In �� ofAsr tit saw tenjBM S My Vw garages* MMU�� Berms rearm ing 1he man as 6.1 2n Ids blames Naga am amb enjew havbq 1t pwmd in ft ul or their *0 one as *then in Ott4s bloc. 11 is eertmMy m ere gear and %ban .set wcattser wme 11 sdlj be a Owd bale.a Also mw fte cast dirt mdme it bad ZDr everyame Vw Supte In dhe ®t s rodd b1s ,lastmettem did Stet allow thAs jESjj= being mod. MI 3mn kinay emadder fizIM tft. anwwnlg user gaMme as ym ban Va elstatte and as w" the stet Daptp or Va vItiese tM A&USTo O S! ' O T as a7S n4 t -L o v� 17 DINAN CE NO. 234. AN ORDINANCE AMENDING C2.UIN1,r- CL N0. 19 ENTITLED, "AN ORDINANCE PROHIBITING THE. 03STRUCTION OF THE STRUTS, AlXiffS, SIDEWALKS AND PUBLIC PLACES WITHIN THL CITY OF HUNTINGTON BEACH FOR ANY PURPOSE WITHOUT A PERMIT; ALSO REQUIRING THE LIGHTING OF SAID OBSTRUCTIONS BY NIGHT". AS AMENDED BY ORDINANCE NO. 31. The Board of Trustees of the: City of Huntington Beach do ordain as follows : SECTION l. . Ordinance No. 19 entitled, "An Ordinance prohibiting the obstruction of the streets , alleys , sidewalks and public places within the City of Huntington- Beach for any purpose without a permit; also requiring the lighting of said obstructions by -night" as amend- ed by Ordinance No. 31, entitled, "An Ordinance amending Section3 of Ordinance No. 19 of the City of Euntington Beach, California, enb4 titled "An Ordinance prohibiting the obstruction of the streets, alleys, sidewalks and public places within the City of huntington , Beach for any purpose -without a permit; also requiring the lighting of said obstructions by night, " is hereby amended by the addition thereto of a new section at the end of Section 2 of said Ordinance, which new section shall be known as Section 2-J and- said Section 2* ' shall read as follows; Section 2*. It is hereby declared to be unlawful for any person, firm, corporation, association or syndi- cate to obstruct any street, alley, sidewalk or public place *:ith- in the City of Huntington Beach, to cause, allow or permit, wither willfully or negligently, to be placed or to flow or run or be thereon or therein, any oil, asphaltum, tar, hydro-carbon sub- stances or any mud, residue or by-product from the drilling of any oil well or any other substances vdiich interferes with the free and safe use of said street, alley, sidewalk or public placv what- soever. For the purpose of this section, any of the substances hereinabove mentioned which shall flow, rat or be deposited from any private premises or oil well or sump hold or the property surrounding the same into, upon,lKover ' or across any public street, alley, sidewalk or public plane, shall be presumed to so flow, run or be deposited. in, upon, over or across such public street, sidewalk, highway or alley by the willful negligence and careless- ness of the persons, firm, corporation or syndicate having control of. the management, operation, drilling or handling of such well, sump hole or adjacent premises and 41so by the negligence and'-:i carelessness of the Superintendent or man in actual superintendence of the handling of such well,, sump hole or premises. SECTION 2. The CityClerk shall certify to the ass Y P age "of this Ordinance and cause the same to be published bey one insertion in the Huntington Beach Yews, a weekly newspaper, published and circulated in said City of Huntington Beach and Thirty (30) days thereafter it shall take effect and be in force. PASSED AND ADOPTED by the Board.of Trustees of the City of j funtington Beach, Orange ounty, California, this 16th day of i ranuary, 1922. ED. MANNING. } President of the Board of Trustees TTEST: of the City of Huntington Be,-•ch, 1 California. HAS. R. NUTT. ity Clerk and Ex-offic.io Clerk of the a oard of Trustees of the City of Hunting- n Beach, California. LATE OF GALIFOPas.IA. 7unty of Orange, es, l ty of. Hunt i n�gton Beach, 3 I, CHAS. R. NUTT, City Clerk and Ex-officio Clerk of the Board Trustees of the City of Huntington Beach, dgfiereby certify that e foregoing Ordinance No. 234 was introduced and read to the Board Trustees at its regular meeting held on ti:e 9th day of January, 22, and was again re.ad to said Board of Trustees at' its regular eting held on the 16th day of January, 1922, and was at said eting passed..and adopted by the following vote: o AYES, Trustees Obarr, Onson, Drew, Manning. NClES, Trustees None ABSENT , Trustees Andrews. } 175 OR DIITTAiv CE Ai 0. 234. ;JT 0I;DINA14CE IXENTDING lio. 19 ITTITLED, "AN (VDINANCE PROHIBITING TI?L' 0:3c T`UCTION OF THE STRIJ TS, . AL1,EYS, SIDEWALKS AND PUBLI C ''LACES F,'I THIN THI. CITY OF HUNTINGTON BEACH FOR ANY PURPOSE. -WITHOUT A PERMIT; ALSO REQ4UIRIP4G TEE LIGHTITTG OF SAID OBSTRUCTIONS BY RIGHT", AS JUIENDED BY ORDINANCE.,-NO. '31. The Board of Trustees of the City of hunt i ngt on Beach do ordain ks follows : SECTION 1. Ordinance No. 19 entitled, "An Ordinance prohibiting 'he obstruction of the streets, alleys , sidewalks and public places vithin the City of Huntington—Beach for any purpose without a permit; also requiring the lighting of said obstructions by night" as amend- �d by Ordinance No. 31, entitled, "An Ordinance amending Section3 of )rdinance No. 19 of the City of Huntington Beach, California, en4. ._ . titled "An Ordinance prohibiting the obstruction of the streets, alleys, sidewalks and public places within the City of Iuntington 3each for any purpose -vii-thout a permit; also requiring the lighting )f said obstructions by night, " is hereby amended by the addition thereto of a new section at the end of Section 2 of said Ordinance, vhich new section shaall be known as Section 2-k and-- said Section 2-j - shall read as f ollows; Section 2*. It is hereby declared to be inlawful for any person, firm, corporation, association or syndi- ,ate to obstruct any street, alley, sidewalk or public place d*i.th- in the City of Huntington Beach, to cause, allow or permit, either willfully or negligently, to be placed or to flow or run or be thereon or therein, any oil, asphaltum, tar, hydro-carbon sub- 3tances or any mud, residue' or.,by-product from the drilling of any )il well or any other substances which interferes with the free - and safe use of said street, al lc J, sidewalk or public placis v&at•- soever, For the purpose of this-stotion, any of the substances iereinabove mentioned which shall flow, ran-or-be deposited from Lny private premises or oil well or sump hole or the property surrounding the same into, upon,--4over or across. any public street, 6lley, sidewalk or public place, shall be presumed to 'so flow, -un or be deposited in, upon, over or across such public street,. ,idewalk, highway or alley by the willful negligence and careless- Less of the persons, firm, corporation or syndicate having control ,f, the management, operation, drilling or handling of such well. ump hole or adjacent premises and also by the negligence and':'i arelessness of the Superintendent or man in actual superintendence f the handling of such well, sump hole or premises. SECTION 2. The City Clerk shall certify .to the passage -of this rdinanc a and cause the same to be published b-y one insertion n the Huntington Beach -News, a weekly newspaper, published and a ireulated in said City of Huntington Beach and Thirty (30) days hereafter it shall take effect and be in force. PASSED AND ADOPTED by the- Board . of Trustees of the City of f untington Beach, Orange ounty, California, this 16th day of anuary, 1922, ED. MANNING. President of the Board of Trustees . rTEST: of the City of Huntington Ber, ch, California. 3AS. ' R. NUTT. sty Clerk and Ex-of fic.io Clerk of the ; )ard of Trustees of the City of Hunting- ►n Beach, California. -ATE OF5 CALIFORITIA. )unty of Urange , as. .ty of Huntington Beach. I, CHAS. R. NUTT, City Clerk and Ex-officio Clerk of the Board Trustees of the City of Huntington Beach, d96ereby certify that .e furc ;oing Ordinance No. 234 was introduced and read to the Board Trustees at its regular meeting held on t*t.e 9th day of January, 22, and.vias again read to said Board of Trustees at its regular ctir-,L, held on the 16th day of January, 1922., and was at said e ti ng Massed and adopted by the following vote: AYES, Trustees Obarr, Omson, Drew, Manning. Na,-S , Trustees gone Tr us t e c s Andr :vas. 175 am1 NANI CE NO. 234. ;X CWT)INASICE AILI-r'DING CEDIl,; i,.C1, 110. 19 a!TITLJ-,D, "AN CRDINAIiCE PROHIBITING THE 0B::;T,.UCTI0N OF THE: ST]31:r:TS, ALIXYS, SIDEWALKS AND PUBLIC PLACI,;S :'iITHIN TI:'_. CITY OF HUNTINGTON BEACH FOR ANY PURPOUE WITHOUT A PERMIT; ALSO R.EgUIRIIiG THE LIGHTING OF SAID OBST ;UCTIONS BY NIGHT", AS AbWNDED BY ORDINANCE NO. 31. The Board of Trustees of th( City of hunt 1 ngt on Beach do ordain ,s follows : SECTION 1. Ordinance No, 19 entitled, "An Ordinance prohibiting he obstruction of the streets , alleys, sidewalks and public places iithin the City of Huntington Beach for any .purpose without a permit; ,lso requiring the ligr:ting of said obstructions by night" as amend- d by Ordinance No. 31, entitled, "An Ordinance amending Section3 of ►rdinance No. 19 of the City of Huntington Beach, California, eras. . . itled "An Ordinance prohibiting the obstruction of the streets, ,13.eys, sidewalks and public places within the City of huntington leach for any purpose -without a permit ; also requiring the lighting ,f said obstructions by night, " is hereby amended by the addition ,hereto of a new section at the end of Section 2 of said Ordinance, rhich new section shell be known as Section 2J and said Section 2J shall read as follows; Section 2J. It is hereby declared to be mlawful for any person, firm, corporation, association or syndi- :ate to obstruct any street, alley, sidewalk or public place ari.th- n the City of Huntington Beach, to cause, allow or permit, wither rfllfully or negligently, to be placed or to flow or run or be .hereon or therein, any oil, asphaltum, tar, hydro-carbon sub- tances or any mud, residue or .'by-product from the drilling of any ,il well or any other substances which interferes with the free - nd safe use of said street, al It sidewalk or public placie what- oever. For the purpose of this section, any of the substances ereinabove mentioned which shall flour, run or be deposited from ny private premises or oil well or swnp hole or the property urrounding the same into , upon,-.over or across any public street, lley, sidewalk or public place, shall be presumed to so flow, un or be deposited in, upon, over or across such public street, idewalk, highway or alley by the willful negligence and careless- ess of the persons, firm, corporation or syndicate having control f the management, operation, drilling or handling of such well. Amp hole or adjacent premises and also by the negligence arid`- arelessness of the Superintendent or mn in actual superintendence f the handling of such well, sump hole c-r premises. SECTION 2. The City Clerk shall certify to the passage .of th-is cdinance and cause the same to be published b-y one insertion 1 the Huntington Beach Dews, a weekly newspaper, published and Lrculated in said City of Huntington Beach and Thirty (30) days iereafter it shall take effect and be in force. ' _ t 3 PASSED AND ADOPTED by the Board . of Trustees of the City of xntington Beach, Orange ounty, California, this 16th day of cnuary, 1922. ED. MANNING. President of the Board of Trustees 'TEST: of the City of Huntington Be-ch, California. [AS. R. NUTT. ty Clerk and Ex-offici.o Clerk of the and of Trustees of the City of Hunting- n Beach, California. ATE OF CAhIFORI:IA. unty of Urange, ss. . ty of, Hunt i nigt on Beach. t I, CHAS. R. NUTT, City Clerk and Ex-officio Clerk of the Board Trustees of the City of Huntington Beach, dg6ereby certify that e foregoing Ordinance No. 234 was introduced and read to the Board Trustees at its regular meeting held on ti.e 9th day of January, 22, and was again read to said Board of Trustees at. its regular eting held on the 16th day of January, 1922, and was at said eting passed and adopted by the f'ollowina vote: AYES , Trustees Obarr, Onson, Drew, Panning. NOES , Trustees Bone ' ABSEI`IT , Trus tec s Andrews. I J FAgi. #4 - Minutes, September 8, 1964 �6 US, PURE CONTEST The Clerk presented an agreement for FIREWORKS AGMT �Ps �4.fireVQika, . together with 'insurance for r name; as a, part of the promotfoha1 of the"U. S. Surfing�Ch�pionshipe to ti® held in lat® Se t r:.. . . � , . f... On motion by Lambert, eecondedl'by,Gisler, , Council referred the matter to the City Administrator to contact the Rsdreation Department -for additional information. Notion carried. CLAIM.-AGAINST-CITY On Motion by Lambert, seconded byy r_Giyle , _a EDWARD HALL . claim filed by Edward Mall of Be11,, 4. " California, for injuries sustained to his ankle while boarding the transfer .boat beneath the pier, was denied and referred to the City Attorney and City's insurance carrier. Motion carried. BOB BUCHANON Mr. Bob Buchanon, 19172 Beach Boulevard, 117--ABAN OIL WELLS City, addressed the Council representing, Balerina Homes, regarding abandoned oil . wells on their tract located at the corner of Banning and Butbard. On motion by Shipley, seconded by Gisler, Council directed the .Fire Chief to write the necessary letter to the Division of Oil & Gas regarding such abandonment, with said letter to be approved by the City Attorney and signed by Mayor Shipley. 4 Motion carried . t t JOKES-GIBRALTAR Mr. Arthur V. Jones, Attorney representing EQUITIES REQ Gibralter Equities, addressed the Council in regard to the action taken on the refund of $7700 to Gibraltar Equities for Tract #3274. On motion by Lambert, seconded by Gisler, the matter was referred to the City Administrator, City Clerk and Planning Department for reconsideration and report to Council on September 21, 1964. Motion carried. WESTM 4 SQ CHURCH Mrs . Gerry Fray, 16781 Marie Lane, Huntingtot REQ L P CLUBHOUSE Beach, addressed the Council to request the use of Lake Park Clubhouse on September 18, 1964, with fees waived, for a fund raising missions benefit. dinner. i Discussion was held concerning the number of people to be fed at the dinner, and Council recommended the use of Memorial Hall to insure accommodating all. They directed the Clerk to check the Memorial Hall schedule during Council recess and report back. { JIM DeGXULLE Mr. Jim DeGgulle, City, addressed the WALKING R/W Council to request that they prohibit residents on the east side from fencing in yards and growing shrubs to their front curbs, thereby necessitating use of the streets for walking purposes. On motion by Lambert, seconded by Gisler, .Council referred the matter of extended yards on City right-of-way to the Director of Public Works for study and report . Motion carried. JAMES BARRETT Mr, James Barrett, 19751 Bushard, City, RE GIBRALTAR addressed the Council and asked to be notified in the event of a .proposed refund to the. Gibraltar Equities. y ' r RECESS Mayor Shipley called a recess of the Counci at 8:30 P.M. RECONVENED Council was reconvened at 8:55 by the Mayor 1 -4- (9/8/64) f: