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Council Miscellaneous 1965-81 Policies & Procedures
`L N �n ORDINANCE 1`40. 2469 AN ORDINANCE OF THE C:[TY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 2. 30. 020 BY ADDING THERE- TO SUBSECTION (g) RELATING TO OBJECTIVES OF THE COMMUNITY SFRVICES DEPARTMENT The City Council of the City of Huntington Beach does ordain . as follows: SECTION 1. The Huntington Beach Municipal Code is _hereby amended by adding subsection (g) to section 2. 30.020 to read as follows: 2.30.020 Objectives. The objectives of the department shall be as follows : (a) m o establish, facilitate, and maintain ample and suf- ficient safety. services for the harbors and beaches owned and controlled by the city. (b) To operate and maintain the municipal parking lot, and other beach and harbor facilities of the city. ( c) To encourage, foster, facilitate, establish and main- tain 3 systematized recreation, park acquisition and development, and human services program as directed by the city council. ( d) To assist the library board and other advisory boards , cornrnissions , and committees including, but not' limited to, the community services commission, the human resources board and the council on aging. ( e) To cooperate with other governmental agencies and civic groups in the advancement of sound recreational and park plan- ning under the direction of the city council. ( f) To be responsible for human services, including limited direct service delivery as well as the enhancement of communi- cation, cooperation, and coordination among agencies, organiza- tions, and those individuals providing services to the residents of till city , such services to be offered on any of the properties owned or controllers by the city or on any other properties with the consent or the owners and the authorities thereof. �•rlil 1 . � � 1 7 . Such park property shall not be subject to contillu- ous or exclusive use of any one particular or special interest group unless the membership of that group is open to the general public on a nondiscriminatory basis . 8 . That the proposed sale , lease , exchange or use of park property is permitted by law and the documents evidenc- ing the transaction are approved by the City Attorney . 9 . That in the event of sale of such property, no deed shall be delivered to purchaser until the purchase price is paid in full . 10 . That no such property shall be sold unless it is first , declared to be surplus property by the City Council . This is not meant to preclude the exchange of one rec- reational property for another of equal recreational utility . 11. That all contracts , leases and deeds shall contain a reversionary clause by which such property shall revert to city if and when the use to which the property is being put is inconsistent with the use permitted by this proposed policy . 12 . That any sale shall be at fair market value; any exchange for property shall be at least of the same fair market value; any lease for a fair and reasonable rental shall be based on fair market value of such property . 13 . That the city retain maintenance control and that the landscaping shall be compatible with the design and landscape of the park site and shall be approved by the Recreation and Parks Commission and City Council . 14 . The granting of leases , permits and concessions shall be limited to those which are financially necessary to support the city operation of a park and, in addition , to serve and encourage the general and related recrea- tional uses of a park . 15 . In granting permits , leases , and concessions , no perma- nent structure shall be erected unless said structure is in accordance with the city ' s development plan for the park and is in accordance with city specifications . 2 . .: .,-. . ..�n:+r•a•+r>-�'csY��et3nswza:�r.s�.axr..,,.-ram,-,c.• •:rr. -. .R .. ... SECTION 3. The recreational and part: a I l ! ::ub,ject to the following reservation procedure:; :irid 1 . All applications for reservation:: mutt he on oft'ic.: ial ii forms provided by Recreation and Park.; Department . 2 . Seven calendar days required to cancel a reservation or change a date or time; otherwise a $5 . 00 fee wall be charged for late changes . 3. Permits will be issued to adults only . The person signing the application must be present at the event for which the permit was issued. 4 . An adult chaperone (21 years of age) will be required for every twenty-five (25) children at youth events . 5 . A cleaning deposit may be required with application. The facility must be cleaned up and returned to reason- able condition. If the group fails to do so,_ a fee will be charged for this cleaning service . If the group does not pay the fee , the city shall have the right to cancel the group ' s current contract and reject future applications . 6 . Any person or group causing property or equipment damage will be required to pay for same (based on current cost of repair or replacement) . 7. No alcoholic beverages permitted in buildings or parks . (Huntington Beach Ordinance Code Section 7721. 9) 8. Gambling, the use of profane language and loitering shall not be permitted. (Huntington Beach Ordinance Code Sections 7721. 6 , 7721. 7 and 7721. 11 ) 9 . Groups requiring time to decorate or other preparation must include time on original permit . 10. Use of kitchen must be on request forms . Kitchen is to be used for catered meals and light refreshments . All food stuffs must be removed from kitchen upon con- clusion of event . 11 . Use of the facilities covered herein shall be subject to the following priorities : I Recreation and Parks Department sponsored activi- ties . 3. II Recreation and Park:, Department: activities . III Local civic and nonprofit organization:; . IV Huntington Beach resident activities . V Commercial, business and profit-making activl.tie: . VI Nonresident activities . 12 . The, groups and activities set out in No . 11 above are subject to the following rules : A. Recreation uses which have higher priority have precedence over lesser priority groups . The Recreation and Parks Department may re-schedule uses , if notified within ten days of effective date . B. Groups III, IV and V may reserve a facility up to 6 months from effective date. C . Group VI may reserve a facility up to thirty days from effective date. Same conditions apply to Group V if a non-resident group. D. A maximum of four days per month may be reserved. E. Local civic and non-profit organizations : Member- ship consisting of 50 percent or more Huntington Beach resi- dents . A roster of group membership may be required by Recreation and. Parks Department . F. Resident groups : Membership of those attending event, consisting of 50 percent or more Huntington Beach resi- dents . A roster is to be provided on request of Recreation and Parks Department . SECTION 4 . The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the Huntington Beach News , a weekly newspaper, printed, publish- ed and circulated in the City of Huntington Beach, California, and thirty ( 30) days after the adoption hereof the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, at a regular meeting thereof held on the 4th 4 . .. .. w'.:-.+r.l-•...`. •y5•Sr!P1_.ut..r.a.n..nerm•-c rce a.a.......e..nu...._ ... ..._...- .. r day cif ,Tune, 1973• 1 aV or ATTEST: APPROVED AS TO FORM: City Clerk City' tty 5. ' Ord. No. 1843 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly appointed, 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 21s t day of May 19 73 , and was again read to said City Council at a regular meeting thereof held on the 4 th day of June , 19 7l_, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Shipley Bartlett Gibbg- Green, Coen, ntjke, Matney NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio .Glerk of the City Council of the City of Huntington.Beach, California I. Alicia M. Wenhv:rm CITY CLERK of the City of Huntin•ton F-,ach ajod ex-jfiicio Clerk of the City Council, d: hen?by cWtify shot th!% ordinance has been p1'olisit.d in 11" Huntington Eeach News on .......... 't'�- 19.. . In acc.irecnce �hz;W(r of said City. ft_l.l..�.;.sa.... ...M... . .. .Ill/nt.wi fll... City Clerk 1 ' Deputy City Clerk 3A-Z y\ 11 qrW 17 March 1976 0 I b A TO: Honorable Mayor and City Council J City Administrator FROM: City Attorney SUBJECT : Ordinance Relating to Professional Services Heretofore the city' s purchasing activities for procurement of professional services have been handled by individual depart- ments without reference to any standardized procedure . The purpose of the new ordinance relating to professional serv- ices is to bring all of these procurements into the central purchasing scheme and to remove them from our competitive bidding ordinance while at the same time providing safeguards to the City to the end that the City receive the best available service at the lowest price. Centralization should result in the selection of the most quali- fied firm or individual to perform the task while at the same time assuring that significant administrative control is present to insure the integrity of the system. The existing ordinance that all services be procured by com- petitive bidding is modified by resolution to provide that "unique professional services" be exempted from such require- ment. Increasingly this office has found that it has been called upon to decide which of the professional services being procured are in fact "unique" and which are subject to compet- itive bid. It is our conclusion that few truly professional serv- ices are not unique . The new ordinance requires , however, that any department head wishing to utilize the exemption, justify it in advance . In the hiring of general professional services, the choice of the consultant to be hired is ultimately left with the Council. The winnowing process in most cases is to be done by the affected department head as well as the writing of the specifications for the work to be performed. The specification is subject to the advance approval of the City Administrator; the actual agreement negotiation is to be performed by the City Attorney and the de- partment head concerned. In most cases the City Attorney will prepare the final agreement . The Purchasing Officer is to main- tain a file of the specifications, and make them available to interested persons . 1 � •, _�'- Res. 4072 S't'at. OF CALIFORNIA ) COUNTY OF ORANGE ) as: CITY OF HUNTINGTON BEACH ) 1, ALICIA M. WENTWORTH, 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 5'th day of May 19 75 by the following vote: AYES: Councilmen: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: Councilmen: r None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California a RESOLUTION N0. 3882 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RECOMMENDING INITIATION OF A PROCESS FOR THE ANNUAL REVIEW OF THE POLICY PLAN WHEREAS, the intent of the Policy Plan is to provide general direction and its adoption does not commit the city to any specific recommendations or proposals , but it obligates the city to a course of action consistent with Policy Plan guidelines ; and The Policy Plan suggests to the city consistent criteria for making daily decisions in response to future situations , thereby making it an invaluable tool for guiding growth and development in a comprehensive, coordinated manner which ful- fills the needs and desires of the city' s residents; and Review and revision of the Policy Plan are necessary to ensure .that the goals and objectives of this Plan are kept pertinent and contemporary; and The Planning Commission of the City of Huntington Beach has requested that this Council adopt a resolution to recom- mend the process to be followed, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows : 1. That the Planning Commission annually review the goals and objectives of the Policy Plan and forward a report of their status in achieving said goals and objectives to the City Council, along with any recommended revisions. 2 . That each department in the municipal government of the City of Huntington Beach adopt the goals and objectives of the Policy Plan to be used in daily decision making, annually review said Plan and forward a report to the City Council of 1 . JOC : ahb 1 a report of their status in achieving said goals and object- tives , along with any recommended revisions . 3 . That all appointed Boards and Commissions use the Policy Plan as a guide to their decisions and participate in the aforementioned annual review process . 4 . That such annual review of the Policy Plan commence on or about January 1 of- each year, and that on or about July 1 of each year said status reports and recommended revisions to the Policy Plan be transmitted for review and adoption by the City Council. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular adjourned meeting thereof Yield on the 25th day of November, 1974 . j Mayor ATTEST : ALICIA M. WENTWORTH, City Clerk By �.. Deputy City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM : City Administrator City Attorney is 2 . j. No. 3882 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) so: 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 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular adjourned meeting thereof held on the 25th day of November_, 19 74 by the following vote: AYES: Councilmen: Bartlett, Gibbs, Matney, Duke, C2en NOES: Councilmen: None ABSENT: Councilmen: Shipley, Wieder AUCIA �'rE11TWORTH City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By Deputy City Clerk .4"Je CITY OF HUNTINGTON BEACH DH 7 5-8 f ADMINISTRATIVE COMMUNICATION HUNTINGTON BEACH ^ r , To All Department Heads From City Administrator Subject INAPPROPRIATE USE OF Date January 23, 1975 3M COPYING MACHINES During this period of economic instability that we are all experiencing, attention should be given wherever possible to keep operating expenses under reasonable control . It has come to my attention that there is considerable misuse of the 3M copying machines located throughout the Civic Center for :other than City business: It is not necessary to stress how serious this practice is and, in fact , it constitutes an unauthorized use of public equipment . Therefore , each department director is responsible for assuring that this policy will be implemented. Any employee who violates this policy will be subject to disciplinary action. A2avi�d . Rowlands City Administrator DDR:p RESOLUTION NO. 4013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A MINIMUM LIABILITY INSURANCE LIMIT WHEREAS, there are persons engaged in various activities in the city which subject the city to possible liability for damage to property and injury to persons; and For the protection of the public health, safety and wel- fare, the city requires such persons to maintain insurance, naming the city additional insured; and The city desires to establish uniform minimum liability limits for all such persons engaged in said various activities who are required by ordinance, resolution or otherwise to provide such liability insurance, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that the minimum liability limits shall be as follows : 1. Combined Single Limit Bodily Injury and/or Property Damage including Products Liability: $1,000,000 combined single limit per occurrence. 2. Additional Insured Endorsement : The insured agrees that the City of Huntington Beach City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers , servants or employees of the City of Huntington Beach, when acting as such are additional assureds hereunder. 3. Any person engaging in any activity determined by ordinance, resolution or the City Administrator to subject the city to a possibility of liability shall provide the city with a certificate of insurance containing the additional insured endorsement and the hold harmless agreement . 1 , ' t 9 � r , 4. Hold Harmless Agreement : The insured agrees to pro- tect, defend, indemnify and save harmless the City of Huntington Beach against loss , damage or expense by reason of any suits, claims, demands , judgments and causes of action caused by insured, his employees , agents or any subcontractor, arising out of or in consequence of the performance of all or any operations covered by the certificate of insurance, and such insurance shall be primary to any insurance of the city. SECTION 1, Resolution No. 3887 adopted June 3, 1974, is hereby repealed. PASSED AND ADOPTED by the City Council of t-he City of Huntington Beach at a regular meeting thereof held on the 20th . day of January, 1975• ATTEST: Mayor City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: City Administrator C y Attor 2. Res. .4o.4013 STATE OF. CALIFORNIA ) COUNTY OF ORANGE ) so: 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 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 20th day of January , 19 75 by the following vote: . AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke. Coen NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California F / � CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Alicia Wentworth From James Georges City Clerk Deputy City Attorney Subject City' s Certificate of Date December 31, 1974 Insurance Form Apparently instituting a new procedure whereby the insurance company would provide certificates of insurance on their own form with endorsements of "additional insured" and "hold harmless," has caused concern in the City Clerk' s Office. The matter may be resolved by proposing the continued use of the existing certificate of insurance form with the following requirements at the bottom of the existing form: 1. Name of insurance company 2. Address of insurance company 3 . Signature of authorized insurance agent 4 . Address and phone number of authorized insurance agent . It must be borne in mind that the City Attorney' s approval as to form does not guarantee the authenticity of the signature on the form, nor the authenticity of the purported authorization of the agent . / APPROVED: J MES GEOR ES Deputy City Attorney R JG: cs DON P. BONFA City Attorney cc : H. E. Hartge FECITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Alicia Wentworth From James Georges City Clerk Deputy City Attorney Subject New Procedure for Certificate Date December 18; 1974 of Insurance The following notice should be mailed to those persons furnishing certificates of insurance to the city. The city' s certificate of insurance form will be discontinued when Resolution No . 3887 is modified by the City Council. NOTICE TO PERSONS FURNISHING A CERTIFICATE OF INSURANCE TO CITY OF HUNTINGTON BEACH All persons furnishing a certificate of insurance to the City of Huntington Beach shall include in their certificate the following endorsement : ENDORSEMENT Notwithstanding any provision in this certificate of insurance to the contrary, the following provisions shall apply and have full force and effect : Additional Insured Endorsement : The insured agrees that the City of Huntington Beach City Council, and/or all City Council appointed groups , committees , commissions , boards and any other City Council appointed body, and/or elective and appointive officers , servants or employees of the City of Hunting- ton Beach, when acting as such are additional assureds hereunder. Hold Harmless Agreement : The insured agrees to protect , defend, indemnify and save harmless the City of Huntington Beach against loss, damage or expense by reason of any suits , claims , demands , ,judgments and causes of action caused by insured, his employees , agents or any subcontractor arising out of or in consequence of the performance of all or any operations covered by the certificate of insurance , and such insurance shall be primary to any insurance of the city. 2 - Minimum Limits Required: Combined Single Limit Bodily Injury and/or Property Damage including Products Liability: $1,000 ,000 combined single limit per occurrence. APPROVED: t A-L,/ MES GEORG S Deputy City Atto ney DON P. BONF JG: cs City Attorn • CITY OF HUNTINGTON BEACH y COUNCIL - ADMINISTRATOR COMMUNICATION CA 74- 28 HUNTINGTON BEACH To Honorable Mayor and From City Administrator City Council Members Subject RESOLUTION #3887 - ESTABLISHING Date May 28 , 1974 A MINIMUM LIABILITY INSURANCE LIMIT The attached Resolution #3887 , initiated by the City Attorney' s Office , is transmitted for the purpose of clarifying the language contained in Resolution #3655 regarding the same subject. This revised Resolution makes it clear that any .insurance carried by persons , performing some service or operation for the City, is primary and paramount to insurance coverage carried by the City. Respectfully submitted, David D. Rowlands City Administrator DDR:p attachment G r- RESOLUTION NO. 3887 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A MINIMUM LIABILITY INSURANCE LIMIT WHEREAS, there are persons engaged in various activities in the city which subject the city to possible liability for damage to property and injury to persons; and For the protection of the public health, safety and wel- fare, the city requires such persons to maintain insurance, naming the city additional insured; and The city. desires to establish uniform minimum liability limits for all such persons engaged in said various .activities who are required by ordinance, resolution or otherwise to pro- vide such liability insurance, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve that the minimum liability limits shall be as follows : 1. Combined Single Limit Bodily Injury and/or Property Damage including Products Liability: $1,000,000 combined single limit per occurrence. 2. Additional Insured Endorsement : The insured agrees that the City of Huntington Beach City Council, and/or all City Council appointed groups , committees, commissions, boards and any other City Council appointed body,. and/or elective - and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional assureds hereunder. 3. Any person engaging in any activity determined by ordinance, resolution or the City Administrator to subject the city to a possibility of liability shall provide the city with 1. WM: ahb IW a certificate of insurance on a form approved and provided by the city. 4. Hold Harmless Agreement : The insured agrees to pro- tect, defend, indemnify and save harmless the City of Huntington Beach against, loss, damage or expense by reason of any suits, claims, demands, judgments and causes of action caused by insured, his employees, ' agents or any subcontractor, arising out of or in consequence of the performance of all or any operations covered by the certificate of insurance, and such insurance shall be primary to any insurance of the city. 5. That Resolution No. 3655, dated March 19, 1973 , is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of June, 1974. Mayor ATTEST: APPROVED AS TO FORM: 0-0 Now City Clerk ity - to e APPROVED. AS TO CONTENT: City Administrator 2. Rk No. 3887 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as: 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 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 3rd day of June 19_2A_, by the following vote: AYES: Councilmen: Shipley. Bartlett_, Wieder. Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs, Matney City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California MEMORANDUM TO: Don P. Bonfa, City Attorney FROM: Willis Mevis, Assistant City Attorney RE: Council Minutes DATE: December 18, 1973 How about requesting the City Clerk to add on the date to the bottom of each page of Council Minutes , so each item therein listed and reported will reflect the date of the meeting. We sometimes have portions of minutes as to one matter, par- ticularly as to planning matters , without being able to determine the date on which it took place . WM: lm i i RI--,SOLUTION N0 . 3777 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUN`_IINGTON BEACH ESTABLISHING APPROPRIATE FEES FOR ADMINISTRATIVE PROCESSING OF. ENVIRONMENTAL I4PACT REPORTS AND EXEMPTION AND/OR NEGATIVE DECLARATIONS AHEREAS, certain expenses are incurred by the city in the administrative processing; of Environmental Impact Reports and Exemption and/or Negative Declarations and the City Council of the City of Huntington Beach is desirous bf providing a schedule of fees based on the projected administrative and direct costs of processing Environmental Impact Reports and Exemption and/or. Negative Declarations , NOU31 `.I'HERIEI:'ORE, the City Council of the City of Huntington I Beach does Thereby resolve to and doer, set the followinE fee: for Env:i.ronmen :al Impact. Reports and Exemption and/or Negative Declarations : A . Exemption and/op Negative Declarations - $75. 00. B . Environmental Impact Reports - Project Value Administrative Fee $0 - $1,000,000 $400 . 00 $1. ,000,000 - $2, 500,000 $400 . 00 plus $4 . 00 f'or each $100,000 of project value over $1 ,000, 000 . $2,500,000 - $5,000,000 $460. 00 plus $3 . 50 for each $100,000 of project value over $2 ,500,000 . $5,000,000 - $7, 5003000 $550 . 00 plus $3 . 00 for-each $100,000 of project value over $5,.000,000. I;7 ,5003000 - $1.0,000,000 $625 . 00 plus $2 . 50 for each $100,000 of project value over $7 ,500, 000. i .. 1 . 1 Project Value Administrative Fee 10 ,000,000 and over $690 . 00 p1u: $2 . 00 for each { $10 ,000,000 up to $1 ,500 after which the f'ee shall e established by the Environ- mental Review Board . C . Any project which does not involve construction shall pay a. minimum fee of $400 . 00 for the Environmental Impact Report . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting; thereof held on the I'-th day of October, 1973 . May or A'.i,T S T: City Clerk APPROVED AS TO YORM: ' City Attonf` ey _G 3. No. 3777 STATE OF CALIFORNIA ) COUNM OF ORANGE ) s s: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly appointed, 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 resolution was passed and adopted by the affirmative vote of more than a majority of all. the members of said City Council at a regular meeting thereof held on the 15th day of' October 1973 , .by the following vote; AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California _ (57t � S AN D I E GO C I T Y Z. 0 N E P O L I C Y A N D P R O C E D U R E v Made Available .to Huntington Beach City Council - - August 8, 1973 C COUNCIL POLICY SUBJECT: ADEOU!1CY OF PUDLIC SERVICES IN CONNECTION WITH DEVELOPkENT PROPOSALS h IF;Eli: 600-10 Y BACKGROUND In ..considering development or redevelopment proposals for areas within the City, the City Council_ has , in order to insure the public health, safety and welfare ; evaluated reports from City Departments , School Districts and other agencies regarding the adequacy of public services required to serve the developments expected to occur withifi such areas. In many cases , however, the required .public services have pot in fact been installed by the time the development shows a need . The result has been that residents in the newly devel'o.ped. areas have been inadequately served with access, parks , schools, libraries and other public services . PURPOSE To. establish --a policy to insure that needed public services will be available concurrently with need . Before gi.virig 'approval to rezoning, development or redevelopment proposals , the public health and -safety and the general welfare of the comnunity and all Lto citizens require that provisions be made by 'the . `of. the rez'oni_ng, developmecit or redevelopment in ,conjunction with '6ppropriate cgovernmental agencies to insure: 1. That the development, redevelopment or rezoning be consistent with a master development plan for- the general area which has been reviewed by the Planning Commission and adopted by the City Council . 2 . That the development plan includes an implementation section which sets forth in detail measures which will be takers to insure that needed public .services are provided concurrent with need in the development. 3. That the proponent of the rezoning, development or redevel- opment present evidence satisfactory to -the appropriate body or agency that the required public services will in fact be provided concurrent: -with the need . r . e C:pini v. 4- 1.2-71 T. - CITY OF SAN DIEGO.CALIFORNIA _ COUNCIL POLICY SUBJECT r0 L/Cr EFFECTIVE PAGE NUMBER DATE RESIDENTIAL/CO?MRCIAL/INDUSTRIAL DEVELOPMEtiT 600-18 7/6/72 1 OF BACKGROUND The issue of residential/commercial/industrial development, particulary its timing and location, is of crucial importance to the long-range future of San Diego. The City's Progress Guide and General Plan recognizes this issue. Since its adoption in 1967, the General Plan has numbered as one of its principal objectives the Prevention of Sprawl. The accompanying explanatory paragraph in the General Plan text reads as follows: The Plan contemplates that during the next two decades urban growth will be directed in an orderly manner, and that new suburban co.rsnunities will be properly related to the patterning and phasing of greater San Diego's development. The Plan does not contemplate the creation of isolated, noncontiguous communities dependent upon the uneconomical aid premature extension of governmental facilities and services for great distances. Another principal objective of the General Plan has been Development of. 'a More Compact City. The Plan will foster a greater intensity of land use development in and near the central area. For. example., there are projected sig- nificant increases in residential •densities in a broad arc around Centre City. In addition, buildups of lesser magnitude in land use intensity an3 funfction.are proposed surrounding the City's major • urban subcenters.. The need for a clear City policy is essential if future residential/consnercial/ industrial development or redevelopment is to take place in a reasonable time phase and in logical geographical locations which are based .upon the best interests of the City as a whole. There is a need for a City pol_icyrwhich •wi11 lead to programs 1) to regulate new residential, co-,mercial, and industrial development in the largely. un- developed areas and more intensive development or 'redevelopment of areas .pre- viously urbanized so as -to -',bring them into closer correspondence with the 'City's financial capability for providing the facilities and services•needed to properly sustain such development; and 2) to assist the private sector in more intensive developmenc and redevelopment in areas previously urbanized. • 1 CC.'.A 12.591 iTY OF SAW DIEGO, CALIFORNIA COUNCIL POLICY 18JEC: POLICY EFFECTIVE PAGE NUti6ER DATE RE:SIDENTL4L/CO:LL•[ERCIAL/INDUSTRIAL DEVELOPMENT 600-18 7/6/72 2 of 2 ' POLICY ! i • I It shall be the policy of the Council to permit phased growth in undeveloped areas and more intensive development and redevelopment of areas previously urbanized only after a total cost/revenue analysis. The City Council shall establish growth priorities among the various areas now largely undeveloped. 1 It shall be the policy of the City Council to assist the private sector in more intensive development and redevelopment of areas previously urbanized after a total cost/revenue analysis. ` DIPLEME 'TATION The execution of this policy shall call for the' City Council to establish growth priorities among the various areas now largely undeveloped as well as areas to be used for more intensive development or redevelopment; In establishing such priorities, the City Council shall utilize the following criteria: 1. The General Plan as hereinafter amended; I 2. The inclusion of an area within an adopted community or master development plan. The City Council shall establish a program for phased development. 3, An analysis of the cost/revenue of the proposed development or j redevelopment based cn objective studies and to cover total expenditures, both capital and operating, by all governmental agencies, including but not limited to school districts, these i • ; studies shall also include the financial capability of the govern- mental agencies to render their services within the areas under consideration for development or redevelopment. 4. The results of environmental impact studies for the various areas under consideration for development or redevelopment. 'Such impact studies shall be based on standards imposed by law or adopted Council Policy. S. The extent to which the proposed development or redevelopment accomplishes oth�-r physical, social and economic goals of the City as-expressed in adopted Council Policy, ordinances, and resolutions. 6. The City Council will support and adopt legislation necessary to _ carry out -the purpose of Council Policies. S Adopted by Rc olution No. 2061002 7/6/72 , CITY of SAN DIEGO MEMIORANDUM 'ILE NO. 72-64 A 'ATE � � { � C March 9, 1972 /�. ,��'` O;: 'o See Below /,'A/ ® $ _ 1 'ROM i City Planning Department uBJECTi Tentative Map .- OLVERA ESTATES Coord. Map No.194-1737 Parcel Map - - May we please have your recommendation on the .above named map, a 16-lot, one-unit, sub. of portion of Lots 44 and 45 Las Alturas Villa Sites,. loc. , ely. of Euclid Avenue, southerly of Olvera Ave, in the R-1-5 and C zone. To be considered by the Subdivi.sion. Advisory Committee on 3-20-72 To be considered by the Subdivision Review Board on 40-3-72 To be considered by the Planning Commission on Your recommendations are requested no later than the Wednesday prior to the Subdivision Advisory Committee meeting. NOTE: Please do not return the map unless there. are changes thereon! Subdivision Section, ac Planning Department Community Development Dept. , Sub.Sec. (5 b11 , 1 brl) --402 Health Dept . x Assessor �+ City Schools (or School District) Park b Rec. , L . Lowrey (500) " C. Ables- (500) Fire Prevention (235) hew Services '(302) Bldg. Inspec. Director (8B) - Comm. Plan.. - Herb Wilkinson - via Max Schmidt a State Div. Hwys, W.R.Dotson (69) Zoning Administrator (300) x S.D.G.f; E. , 2nd & Ash ,AtLn.Tom Nutt Asst.to Community Dev.Dir. (7A) * Pac. Telephone Police Dept. (K. B.ankhead, Inspector) F.H.A. ' (10. lots or more) Parcel Map Distribution Exhibit A 9/71 NO. .DATE: ` INFORYATION PERTINENT TO SUBDIVIDER . Request for FEB 2 21972 SUBDIVISION OR REZONE Subdivision: Olvera Estates City File No. Location: North side of Olvera Street - East of Euclid Avenue - San Diego Developer: City Wide Homes .. Existing Zone: R-1..5 Proposed Zoning: R-1-5 Proposed Use: 16 single family homes Govt. Subsidized Program: Yes No ?< Total Number of Dwelling Units: 16 1. No. of 1 bedroom dwelling units . 2. No. of 2 bedroom dwelling units 3. No. of 3 bedroom dwelling units 4. No. of 4 bedroom dwelling units 16 5. Other Date of First Occupancy: Approx - 12/l/72 Date of Last Occupancy: Approx - 12/1/72 I certify that the information furnished above is correct to the best of my knowledge. • CITY Tr HOMES Date: 2-21-72 By: .��` ��� Owner or Developer Address: 4500 Imperial Avenue San Diego, California 92113 Telephone: 262-o861 RETURN TO: San Diego Unified School District �f Education Center - Annex #2 4100 Normal Street San Diego, California .92103 Telephone: 29874681 (Ext. 206) Exhibit B OW DIEGO UNIFIED SCHOOL DISTRICT ►siness Services• Division )LIVER Operations Division% Information on Availability of Schools c .° Date; 2/23/72 Date Rec'd. by Planning Dept.: u u Subdivision: 16 Lot Subd. on Olvera Ave at Euclid (City Wide Homes) Sent Rec'd. y Rezone No. : FEB ? 17C Elementary: cT•G Secondary: .o m Location: _ Olvera Ave, at Euclid (man attached) 0 a c Date of Committment of Construction: Sept. 1972 0 `u Date of First Occupancy: 1979 Estimated Date of Completion: - - - - - - - - - -i - - - - - - - - - - - - - - - - - - Estimated Number of Children: v o u� a 0 U of Elementary z Research Knox o a a. LaBell Ho �a U � Secondary G Lincoln •o _ - - - - - - - - - - - - - - - - - - - - - - - - - • ELEMENTARY-SCHOOLS) AVAILABLE: V/ Yes �J No �X a Knox School already has -over 50Y portable classrooms. c If "Yes", what sctiool(s): Y W o Signature: Date: 2-24-72 Asst. Supt. or Offici lly Designated Representative SECONDARY SCHOOL(S) AVAILABLE: Yes C) No �J V ' r' If "Yes", what school(s): -Jr. High: - E O Sr. High: o Signature: Date: Asst. Supt. or Officially Designated- Representative DIRECTIONS: Complete appropriate portion of form within 24 hours. Return original to Building Planning & Construction Dept. - .Annex #2 Retain a copy for Operating Division files. Additional facilities, if any - 6p ortable classrooms - toilets o.k. - Confirmed by Fry via Carol Hunter 2-24-72 Exhibit C - 1 SAN DIEGO UNIFIED SCHOOL DISTRTnT tsiness Services Division iTERSEN Operations Division: Information on Availability of Schools c ° Date; R2 2/23/72 Date Rec'd. by Planning Dept. : w L U W! Subdivision: 16 lot Subd. on Olvera Ave at Euclid (City Wide Homes) Sent Rec'd. a Rezone No. : u Elementary: a • o M Secondary: ' u o Location: Olvera Ave. at Euclid (map attached) A .+ 0 a H c Date of Committment of Construction: Sept.. 1972 o `Q Date of First Occupancy: Dec. 1972 Estimated Date of Completion: - - - - - - - - - - - - - - - - - - - - - - - - - ,o ,,�1 Estimated Number of Children: v o UI U a Elementary ��. Research Knox r4 16 u 1 . - Bell E o a L4 0 roc Secondary �, Lincoln - - - - - - - - - - - - - - - - - - - - - - - - - - - ELEMENTARY SCHOOL(S) AVAILABLE: Yes No n ,a a If "Yes", what school(s): c . w o Signature: Date: Asst. Supt. or Officially Designated Representative SECONDARY SCHOOL(S) AVAILABLE: Yea No If "Yes", what school(s): Jr. High: .�. E ` - ° U S . Hi h: o Signature: : ,, Date: �- 7 F' Asst. Supt. or Officially Designated Representative DIRECTIONS: Complete appropriate portion of form within 24 hours. Return original to Building Planning & Construction Dept. - Annex #2 Retain a copy for Operating Division files. i 2 Exhibit C - ' March 14, 1972 OLVER.k ESTATES T.M. No. 72-64 City of San Diego Planning Department Community Concourse Mail Station 4A San Diego, California 92101 Attention: Mr. Fred rnostman Information has been raquested .concerning .the -availabdli-ty of schools to serve the proposed subject subdivision. Please be advised that schoolu are not available to serve the area. The serving schools are operating at capacity. By copy of this letter the developer is' requested to contact this office to work out a solution to the classroom shortage (accord- ing to the current district policy on school availability). Sincerely, 0 Charles T. Glenn Assistant Superintendent CTG:SJM:js cc: Arthur Burgess (City Wide Homes) Exhibit D April 6, 1972 GLVEIM ESTATES SUBDIVISION T. M. 72-64 City of San Diego • Plannin u.-partmant Co=zunity Concoursa Mail Station 4A San DieSo, -California '92101 Attention: Mr. Fred Knostman Information has been requested concerning the availability of schools to serve the subject subdivision. On April 4, 1972 the Board of Education approved an agreement with City Wide Hones in compliance with current district policy for the financing of public elementary school facilities. A copy of this agreement is attached. Also enclosed is a letter from the developer to the City 6uncil .dated March 30. 1972 requesting the inclusion of certain conditions in the resolution approving the tentative map for the subject subdivision. Based on the aforementioned agreement and provided that the approval of the tentative clap includes the conditions requested by the devel- oper, schools are considered to be available. Sincerely. Charles T. Glenn Assistant Superintendent CTG:SJIH:js . cc: City Wide Homes Exhibit E - 1 AGREEI�MNT BETIMMN THE SAN DIEGO UNIFIED SCHOOL DISTRICT AND . CITY WIDE HOMES FOR FINANCING PUBLIC ELEMENTARY SCHOOL SERVICES TiIS AGREr:W\T is entered into this 4th day of Aoril 1972 by and between the S!"N DIEGO UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY, CALIFORNIA, a political subdivision in the State of California (hereinafter referred to as DISTRICT) , and CITY WIDE HOMES , a joint venture consisting of Joe Binswanger, Artl.hur Burgess, and Richard A. Tuthill, individuals , having its principal business office located at 4500 Imperial Avenue, San Diego, California, (hereafter referred to as DEVELOPER) ; , W I T N E S S E T H: WHEREAS, DEVELOPER contemplates building residential dwellings within the DISTRICT where no public elementary schools are conveniently located in an area more specifically described in Exhibit -A, attached hereto and incorporated herein by this reference; and WHEREAS, the location of convenient public elementary -schools near DEVELOPri,'S proposed residential development would substantially enhance the ,possibilities of selling the dwcllin' gs in such residential development ; and UMEREAS, DISTRICT is willing to cooperate with DEVELOPED. in locating and staffing convenient public elementary school buildings and facilities in or nezr D:'VaLOPER'S proposed residential development for the benefit of the children assigned by DISTRICT to attend school in such public school buildings and use such temporary facilities; NOW; THEREFORE, the parties to this Agreement do mutually agree as follows: o I RESPONSIBILITIES OF DEVELOPER A. DEVELOPER shall pay to DISTRICT prior to approval of the final subdivision map for Olvera Estates, the sum of Eight Thousand Four Hundred and no/100 Dollars ($8,400.00) , which sum is mutually agreed upon as that necessary to provide facilities for the twelve (12) elementary school-age children anticipated in DENELOPELR'S residential development at a cost of Seven Hundred and no/100 Dollars ($700.00) per child . B. DE'VELOPER shall, concurrent with requesting'.•the written assurances from DISTRICT r-- -C[c red to in Paragraph II.D. below, request in writing that The City of Sat: Diego :ticludc in its approval of DEVELOPER'S tentative map a stipulation that the DEVE'LOVER provide evidence of compliance with the terns of this Agreement prior Exhibit E - 2 to approval of the final subdivision map. II . RESPONSIBILITIES OF DISTRICT A. DISTRICT shall provide suitable public elementary school buildings and facilities which, in the discretion of DISTRICT, are deemed adequate to serve the needs of the residents of DEVELOPER'S residential development on a site in the Olvera Estates area as determined by DISTRICT, insofar as possible at law. B. DISTRICT shall provide teachers and administrators as it deems necessary to conduct, and shall actually conduct, an elementary educational program in the buildings and with the facilities described in Section II.A, above, for the terra of this Aaree:,peat , unless this Agreement is terminated earlier pursuant to Section VI, below. C. DISTRICT shall maintain the land, buildings and facilities referred to in Section II.A, above, in a serviceable condition for the DISTRICT'S use and carry its usual fire, property damage, and public liability insurance to cover such buildings and facilities and DISTRICT'S activities at such school site. D. DISTRICT shall not interpose any objection to DEVELOPER'S residential development on grounds that public school buildings and facilities are not adequate to serve the residents of such residential development concurrent with their nEed for such buildings and facilities, and upon request of DEVELOPER, will provide written assurances to any public agency, that schools- are adequate and available to serve the residents of DEVELOPER'S residential development . III CONSIDERATION Good, valuable and adequate consideration exists in the mutual benefit which DEVELOPER and DISTRICT hereby agree results from entering into and fulfilling this Agreement. o IV TITLE TO LAND, BUILDINGS, AND FACILITIES Legal title to the buildings and facilities described in Sectiop II.A, above, shall remain in the DISTRICT or its successors or assigns. V CALIFORNIA LAW CONTROLS It is expressly understood and agreed by DEVELOPER and DISTRICT that the la of Che State of California shall govern them and the interpretation of the Agreement and that any litigation bruubht because of, or involving, this Agreement shall be _2 E:xhibit E - 3 initiated exclusively in the Courts of the State of California. VI TERM, X"M-ND:IENT, RENEWAL, AND TERMINATION Or AGREi MN T A. The term of this Agreement shall extend from April 4 , 1972 to and including .April 3, 1976. This Agreement stay be amended or renewed in writing by nuLual consent of DEVELOPER and DISTRICT as permitted by law, B. In the event that, subsequent to execution of this Agreement, State or local law requires developers .to donate laid or pay fees or tares for construction. of schools, the obligations of DEVELOPER to DISTRICT herein shall be offset to the extent any amounts paid by DEVELOPER are received by DISTRICT, or the value of land which :.t is required to donate to DISTRICT, insofar as permitted by law, C. In the event that DEVELOPER'S tentative subdivision Isap is not approved by the appropriate governmental body, all obligations of DEVELOPER and DISTRICT herein shall cease . D. This Agreement may be terminated at any time in writing by mutual consent of DEVELOPER and,DISTRICT. VII SUCCESSORS-IN-INTEREST AND ASSIGNS All terms , conditions and provisions hereof. shall inure to and shall bind the Parties hereto, their respective- successors-in-interest and assigns . IN WITNESS WREMOF, DEVELOPER and DISTRICT have caused 'this Agreement to be signed in their naraes and on their behalf-by their duly authorized representatives . DEVELOPER: DISTRICT: CITY I. IDE I:O:•II:S SAN DIEGO UNIFIED SCHOOL DISTRICT 4500 Imperial Avenue 4100 normal S-'rep San nafor a 92113 San Diego,0C' iCor is 9 3 By: ~I t, :e (, By .Individual President, Board- of Education By: tEGALITY A:;�- rORM Arr►roWD: � B 7110MAS A. I�r :Url,,��l f` ?,;.►',.,y� y' 1 cr�'rttout:rNiZ �3 t.�iri _ C1 FILIAL SEAL rj 3Ar 'li �1�4.1. naaia.+ntV\•..Tula ni oafY ..:,�'t. J L c M. CA7C! rS/ :n OIaCo Una:iurl Nchu� UIauir •:;): wotnsv s'uo,,1c • CAL :wo normal S.Ic,t ••r tiic �� YrLNC►'n1 Iv ,an vedo,calilmoia 92103 ~ • JnN UEGO COur.t! ,L My Commissia o EJ— M"Ch15: 19/3 .. .. .........._ 1 �>r :� ounty t�UT:vcY F. of C,±i�lurnia. Exhibit E 4 LEGAL DESCRIPTION OLVERA ESTATES F,&RCEL 1: ',11 of Lots 44 and 45 of Las Alturas Villa Sites, in the City of San Diego, County of San Diego, State of California, according to Map thereof No. 501, filed in the Office of the County Recorder of San Diego County. EXCEPTING therefrom any portion thereof lying within the boundaries of that Subdivision known as "Euclid Manor," according to Map thereof No. 2752. ALSO EXCEPTING therefrom that portion described as follows: Beginning at the intersection of the center lines of Euclid and Olvera Avenues as shoxrn on :Sap No. 2852 of Donna Estates, filed in the Office of the County Recorder of San Diego County; thence North 00'26 '30" East , along the center line of Euclid Avenue, 156.09 feet; thence South 89°33 '30" Bast, 30.00 feet; thence North 51°43'40" East, .12.82 feet to the Southwascerly corner of Lot 1 of Euclid Manor, according to the Map thereof No. 2752 , as filed in said County; thence North 00°26'30" East along the West line of said Lot .1, a •distance of 76.08 feet; thence South 63°30'00" East , 12 .24 feet. to a point on a line that is parallel with and 11.00 feet East of the West line of said Lot 1, this line being the future widening line of Euclid Avenue and said point being the TRUE POI1,T OF BEGIA"INING; thence South 63°30'00" Last , 136 .96 feet to the Northwesterly right of way line of Olvera Avenue; thence . South 52°33'00" West, 115.00 feet along said Northwesterly right of way line to a point of tangent of a curve concave. to the Northeast•; thence Northwesterly along said curve 44 .64 feet, through a cental angle of 127°53'30" a radius of� 20.00 feet and a tangent of 40.91 feet to a point.; thence along the widening line of Euclid Avenue, North 00°26'36" East, 115.00 feet to the TRUE POINT OF BEGINNING. PARCEL 2: o The Southerly 10.00 feet of Lots 3, 4, 5, and 6 of Euclid Manor, in the City of San Diego, County of San Diego, State .of California, according to Map thereof No. 2752, filed in the Office of the County Recorder of said San Diego County, February 9, 1951. EXHIBIT A Exhibit E - 5 't CITY WIDE F 'Sulr _ ✓ rilelu"OkZV(BrPHONE 2G2.0861 P. O. BOX 13123 SAN DIEGO, CAU ORNIA 1a2113 March 30, 1972 San Diego City Council City Administration Building Community Concourse San Diego, California 92101 Re: 0lvera Estates Subdivision Centlemen: The undersigned hereby r©Guests and authorizes the City to include in its approval of the Tentative Subdivision Pup for subject development, a stipulation that the subdivider shall provide to. the City, as a condition to approval of the Final Map; a letter from the San Diego ' Unified School. District seating that the subdivider has performed all terms and conditions of the Agreement for • Finencing Public Elementary School Services, approved on April 4, 1972,, on its part to be performed. Such letter shall be filed concurrently with the executed subdivision agreement. Very truly yours, a Arthur Burgess, �Partn r • i Exhibit E - 6 ��- ._ .l ..•.� ! . '�./,J �;I:.'"'<�j../ I (- ( ��.i:i 'z���;�'.v":.:,.i,. j-ja i /J. - J.. :�.C=-/�=/-f /1(70.'� J/ �� f ! _l•" �/1/ .' •a / .,f !J t fROSS OT/IER �G — NET DATE CIIkt.K fdO.I 1" OISCOUnT NAME AMOUNT oEOUCn uus DISC C14hex (rj—..--_.._r_.—.._a_.._.•—.._r_._.._.__r 50-2653 T PHASEr.ci:.frl�.'._$ ar.�.2c G15F11PJG ! CITY�:/IDE 1-;o?:,lr-S 1222 i ------ -- ==1-_— San D!ego Main Offices 1 Ivo1cE No._�jo.1_;_i_u_.;I AMOUN. THE L?/VlrC Of CALifOfiNIA N.A. 4E00 Imperial Avenue - Phone 2G2-0861 — II i San Diego, California P. O. Box 13128 �Ip � ! San Diego, California 92113 _-• 197 0 � Ir i I ' AY ' /. 1' { �_ - fit l ..� v er t j s. {.,Lt>'�... .!U,'>Ta AMOUNT ! - TO THE '.. .• ... , 1i ;.:: . .:,!'...•�" •C•:s i::. I — ORDo}C San Diego Unified School District 3-24-72 . :i 3400.00IF - / ` I f1117 CHECK If IN PAYn CYT OP THE A--v VC IVYOIC City :.1da Homes Ci3 San a• o, California 1:;r 2 2 2 111 2 G S 31: G S-so 0 7 S S r814 C:—"—.._..—._.._..«_._�_-_.._.._.,_.•___.._.—..—..—..—.,. ._..— _ fit. /CC�,_y �'�� /� /�/r��_..__._,_(� I �C r• w e ' 1 f - August 29, 1972 OLVE:iA ESTATES T.M. 72-b4 Approval of Final Map City of San Diego Planning D`partment Cow.-unity Concourse Mail Station 4A San Diego, California 92101 Attention: Mr. Fred Knost=an Please refer to tho district's letter darted April b, 1972 (and copy of agreement attached thereto) concerning the tentative nap on the subject subdivision. City Wida Homes has fulfilled the provisions of the contract signed April 4, 1972 with regard to the Emergency Policy on the Availability of Schools. The district hac no objection to the approval of tho final map provided the final map conforms with the approved tentative map. 0 Sincerely, i Charles T. Glenn Assistant Superintendent SJM:CTG:js cc: City Wide Homes City of San Diego, Attorney's Office (Bagaloff) Exhibit F - 2 - 7/7 AGREEMENT OF. SALE THIS AGREEMENT, between. CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter called "SELLER, " and BOYS, CLUB OF HUNTINGTON BEACH, INC. , a California nonprofit corpo- ration, hereinafter called "BUYER," W I T N E S S E T H: That SELLER, in consideration of the payments to be made by BUYER and the conditions and covenants to be kept and performed by it , as hereinafter set forth, agrees to sell and BUYER agrees to buy, the real property, situated in the City of Huntington Beach, County of Orange, State of California, des- cribed in Exhibit '.'A" attached hereto and by reference made a part hereof as thotugh fully set forth herein, for the sum of Seventeen Thousand Dollars ($17,000) , in lawful money of the United States of America, and BUYER, in consideration of the premises, promises and agrees to pay SELLER the aforesaid sum of money, for all of said real property, as follows: One Thousand Dollars ($1,000) on or before the close of informal escrow, which shall be on or before October 1, 1970 (Huntington Beach City Attorney shall be escrow holder); and the balance of Sixteen Thousand Dollars ($16,000) in installments, without interest . The first installment of One Thousand Dollars ($1,000) Is to be paid April 1, 1971, and a like amount shall be paid on the same day of each year thereafter until the balance has been paid in full. All payments to be made by BUYER shall be paid with lawful money of the United States of America. IN ADDITION, IT IS AGREED AS FOLLOWS: 1. Possession shall be delivered to BUYER upon the close of informal escrow, unless otherwise provided herein. 2. SELLER, on receiving payment of all amounts of money mentioned herein, shall execute a grant deed for said property in favor of BUYER and shall deliver said deed to BUYER. As of the date of delivery of said deed, SELLER shall supply BUYER with a policy of title insurance or certificate of title, to be issued by a reliable title company, which shall show the- title to said property to be merchantable and free from taxes , assessments, liens and encumbrances, except such thereof as are set forth herein and such. thereof as may be suffered or created hereafter by BUYER. SELLER shall pay for said evidence of title unless otherwise set forth herein. 3. Should BUYER fail to make said payments or any Y 1. thereof when due, or fail to comply with the conditions , covenants and agreements set forth herein, the amounts paid hereon may be retained by SELLER, as the consideration for making this agreement and thereupon SELLER shall be released from all obligation in law or equity to convey said property , and any occupancy of said property thereafter by said BUYER shall be deemed to be and be a tenancy at the pleasure of SELLER and said BuYrS shall never acquire and expressly waives any and all rights or claims of title because of such possession. 4 . SELLER reserves the right to deliver the deed , at any time during the term hereof, and BUYER, in lieu of this agreement , shall execute and deliver to said SELLET , or his nominee , a note for all amount3 of money then unpaid and said note shall be secured by a deed of trust on said property and said BUYER shall likewise execute and deliver said deed of trust concurrently with the delivery of said note . 5. The waiver by SELLER of any covenant , condition or agreement herein contained shall not vitiate the same or any other covenant , condition or agreement contained herein and the terms , conditions , covenants and agreements set forth herein shall apply to and bind the heirs , successors and assigns of each of the parties hereto. Time is the essence of this agreement. 6. BUYEr must begin construction of a Boys ' Club upon the property within two- (2) years from the date hereof, such construction to comply with the regulations of the Design. Review Board of Huntington Beach. Landscaping shall be compat- ible with the design and landscaping of the parksite, and shall be approved by the Recreation and Parks Commiesion and City Council. All premises, including both the interior and exterior of buildings, shall be subject to maintenance control by CITY. CITY shall prescribe minimum maintenance standards which stall be observed by BUYER at BUYER'S expense subject to inspection at all reasonable times by CITY. 7. BUYER agrees that BUYER will never assign, trans- Per, or convey the premises without the written consent of SELLER as long as this contract shall remain in force. In the event that this provision shall be construed as a restraint upon alienation, then SELLER shall have the first option to purchase the premises for the amount paid on the contract by BUYER at the time of the exercise of the option. 8. BUYER agrees that this agreement is conditioned upon the use of the property by BUYER as a boys ' club , includ- ing health, recreational and educational facilities , and for other service, public, civic , or charitable our poses , subject to prior approval in writing of the City Council and .the 2. Recreation and Parks Commission. Should, however, the prop- erty cease to be used in such manner, then the land and Improve- ments thereon shall automatically revert to SELLER herein. 9. BUYER represents that it has inspected said prop- erty and is purchasing said property "as is. " 10. BUYER shall pay all taxes and assessments on said premises as each becomes due and prior to the time penalty attaches . BUYER shall keep the premises free and clear of all liens and encumbrances during the term of this agreement . The premises are not needed for public park purposes or other public purposes ,. and CITY desires that some use and benefit be derived from such property. 11. All words used in this agreement , including the words BUYER and SELLER, shall be construed to include the plural as well as the singular number, and words used herein in the present tense shall include the future as well as the present , and words used in the masculine gender shall include the femin- ine and neuter. 3. � l 12. BUYER shall insure the buildings now on said property, if any, or such buildings as may be placed thereon, against fire, for not less than eighty percent (80%) of the value thereof,' with some fire insurance company to be approved by SELLER, and any loss thereunder shall be paid to BUYER and SELLER as their interests may appear. Should said property be not insured as aforementioned, SELLER may insure said prop- erty, and the cost thereof shall be paid by- BUYER, upon demand, including interest thereon from the date the premium is paid by SELLER. All insurance policies to be issued as aforesaid shall be delivered to and held by SELLER until all amounts of money to be paid by BUYER have been paid in full. IN WITNESS WHEREOF, said parties have executed this agreement on the day, month and year appearing below. DATED: , 1970. CITY OF HUNTINGTON BEACH, a municipal corporation By Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney DATED: 1970. BOYS'CLUB OF HUNTINGTON BEACH, INC. By By EXHIBIT "A" Legal description of Boys Club site at. southeast corner of Springdale Street and Heil .Avenue. A portion of the west one half (W�) of the northwest one ouarter of the southwest one quarter .(SWk) of Section 22. 'ownship 5 South, Range 11 West, San Bernardino Base and Meridian: said section being shown on a map recorded in book 51, page 13 of Miscellaneous Maps, Records of Orange County, California, said portion beinz. more partic- ularly described as follows: Beginning at the northwest corner of said west half (t:4), thence south 0° 14' 16" west 181.00 feet along the west line of said west half (W�), to a` point; thence South 89°26'44" east 50,00 feet_ to a point on a line that is parallel with and 50.00 feet easterly. measurers at right angles, from the westerly line of said west one half (Wk), said point being the true point of beginning. Thence north 0°14' 16" east 108.82 feet along said line to a point on a tangent curve concave southeasterly having a radius of 32.00 feet, thence northeasterly along said curve 50.44 feet thru a central angle of 90*19100" to a point on a tanLl.nt line beiniti parallel with and 40.00 feet southerly measured at ri,,ht angles frorn the north line of said west one half (W�), thence souti•t S9°26144" east along said line 218.38 feet to a point, thence south O°14' 16" west 141.00 feet to a point, thence north 89°26'44" west 250. 56' to the true point of beginning. AE/L 4VZ-NU` 1 ; 2 61,,Jo• - --' Id 900119,00 • o81,4cw ?NET G1/.WV kIt �J , 1 - F. ITT _ On motion by Stel—ji&-iseconded. by-Gistbr,1 Council determine -th t the Santa Ana Valley , s ;� .. amount Boxer"-Club would be' required to carry insurance in the awwmx -of $100/3000000 Public Liability and $25,000 Property Damage, with the City to, be named as co-insured and held harmless in any connection with. their activities ; and further , directed t hat liability insurance in tkar the amount of $100/300.,000, and property damage insurance in the amount of $25,000 with the; eity named as co-insured, be required for all (other' . activities "requiring insurance,where the limits have not be specified. Notion carried. /3 `�� lee 1� fitir r0-MM /. CITV OF HUNTIN GTON ®EACH �V INTER-DEPARTMENT COMMUNICATION S HUNTINGWN BEACH ALICIA WENTWORTH DON P. BONFA TO City Clerk From City Attorney Subject Public Hearings on Date March 11 , 1976 Adjourned Meeting Dates \� MEMORANDUM OPINION You have asked whether or not it is legally proper to schedule public hearings on dates to which regular meetings are adjourned. Section 506 of the City Charter provides : "The City Council shall hold regular meetings at least twice each month at such times as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which.- shall be speci- fied in the order of adjournment and when so adjourned each adjourned .meeting shall be a regular meeting for all purposes . If the hour to which a meeting is adjourned. is not stated in the order of .adjournment , such meeting shall . be held at the hour for holding regular meetings . If at any time any regular meeting falls on' a holiday such regular meeting shall be held on the next business day . " (Emphasis added. ) If publication of notice requirements are met, public hearings may be noticed for adjourned regular meetings . When a public hearing is commenced at. a regular or adjourned regular meeting, -it may be-'continued to a subse- quent regular or adjourned '.regular meeting and it is not necessary to give additional notice . The original notice is sufficient . DON P. BONFA City Attorney DPB:er Yx- Z fil CITE!' OF HUNTINAGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To . Don P.. Bonfa., City Attorney From Alicia M. Wentworth, City Clerk Subject Public Hearing on Adjourned Date. February 26, 1976 Meeting Dates In .light of the City Administrators desire to schedule public hearings at regular adjourned meetings, I am requesting a legal opinion as to the legality of this procedure. An adjourned meeting is not called until the end of a regular meeting but the. law requires 10 days publication notice. . tt- seems that hearings which do not require publication would be allowable. Another possible approach is to publish for regular meetings, open and continue, but this would involve costly ,renotification to. the property owners involved and a possible extra trip for concerned .citizens. A CITY OF HUNTINGTON WEACH COUNCIL-ADMINISTRATOR COMMUNICATION l HUNTINGTON BEACH �e To The Honorable Mayor and From Floyd G. Belsito City Council Members City Administrator . � 1 Subject ELIMINATION OF MEETING Date January 31 , 1977 ROOM CHARGES Resolution Number 4385 Resolution Number 4385 '. attached, has been prepared as a result of City Council 's direction on, December 20 1976 , that no fees be charged for the use- of. Civic Center meeting. rooms by non- . profit community organizations . While .elminating. fee,s for such groups., Resolution Number 4385 continues the current policy of charging for the use of the Council Chambers .by the Coastal Commission. It also establishes a fee of $10 per three hour class ,. for the use of a meeting room by Coastline Community College. The latter fee is .in keeping with :charge.s..assess,ed to the College by other local governmental agencies and has been agreed to by College officals.. In accordance with Council direction; meeting rooms will not be available to profit, making organizations . It should be noted that the resolution will not have the practical effect of making meeting rooms available to all community groutis since insurance coverage will still be required. Some groups are unable to obtain insurance at affordable rates-.. It does , however, lift the rental rates- presently in effect for non-government, non-profit organizations . RECOMMENDATION: Adopt the attached resolution.. Respectfully submitted, .00 Floyd Belsito .City dministrator FGB/DLC/dc Attachment i 1 , ' L. + RESOLUTION NO. 4385 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH 'REPEALING RESOLUTION NO. 4267 AND SETTING POLICY FOR USE OF MEETING ROOMS IN THE CIVIC CENTER WHEREAS, a number of meeting rooms have been designed and constructed in the basement of' the Civic Center; and At such time as these meeting rooms are not .in use for public purposes , it is the desire of the City to make these rooms available for nonprofit groups, NOW; THEREFORE, BE. IT RESOLVED by the City Council of the City of Huntington Beach .as follows.: SECTION 1. The facilities shall .be available without charge for city activities, and for any board, commission or committee appointed .by the City, and for other governmental agencies , except as otherwise provided herein. SECTION 2. The facilities shall be available without charge for local civic and local nonprofit organizations on a .first come- first serve basis subject to the conditions provided .herein. SECTION 3 . The use of the council chambers by the Coastal Commission for four (4) hours or less : $37 .50; over four (4) hours : $75; use of other meeting rooms by Coastline Community College: $10 per three (3) hour class . SECTION 4 . In all cases, an agreement shall be signed by the responsible person who is to use the meeting room facility and such agreement shall include an indemnification provision by which such responsible person agrees to indemnify the City of Huntington Beach for any damage-. Groups using the facilities shall comply with all rules and regulations in effect at the time of such use. DPB:cs 1, 1 I � SECTION 5 . Facilities shall not be available to profit- making organizations . SECTION 6. Resolution No . 4267 is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof hel on the 7th day of February, 1977 . ATTEST: � ? �� Alicia M. Wentworth Mayor Pro Tempore City Clerk Deputy City Clerk REVIEWED AND APPROVED :AS ! . APPROVED AS TO FORM: INITIATING DEPARTMENT: Cit Administrator -City Attor 2 . No. .4385 5'fATE OF CALIFORNIA ) ' COUNTY OF ORANGE ee: 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 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 7th day of February , 19 77 , by the following vote: AYES: Councilmen: Bartlett. Pattinson. Coen Gibbs Siebert SheWgjan NOES: Councilmen: None ABSENT: Councilmen: Wieder ALICIA M. WENMORTH City Clerk and ex-officio `Clerk of the. City Council of the City of Huntington Beach, California By. !? Connie Brockway Deputy City Clerk r (g) To assure that park property shall not be subject to continuous or exclusive use of any one particular or special Interest group unless the membership of such group is open to the publ is on a nondiscriminatory basis . SECTION 2. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen jays in the Huntington Beach Independent, a newspaper of general ,: ireulation. PASSED AND ADOPTED by the City Council of the City of Hunt.lrigton Beach at a regular meeting thereof held on the 19th day of -.-January , 1981. 0 — Mayor ATTF,13T: APPROVED AS TO FORM: City Clerk City Attorney��� REV:f.K'WK' ) AND. APPROVED:,71INITIAT AND APPROVED: r.in�; city ministrator mmun . ervices Director 2. c No. 2469 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as: t?+ 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 5th day of January 19 81 , and was again read to said City Council at a regular meeting thereof held on the 19th day of January , 19 81 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Thomas, Finley, Bailey, MacAllister, Mandic, Kelly NOES: Councilmen: None ABSENT: Councilmen: Pattinson City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California { .•fr f i ORDINANCE N0. 2468 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING ORDINANCE NO. 1843, FORMULATING POLICY FOR MANAGEMENT OF RECREATIONAL AND PARK PRO PEtuI ES The City Council of the City of Huntington Beach does ordain as follows: Ordinance No. 1843 entitled, "An Ordinance Formulating the Policy for the Management of Recreational and Park Properties within the City of Huntington Beach, " is hereby repealed. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Leach Independent, a news- paper of general circulation. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th _ day of_ January , 1981. 0 Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney --- RE:VIKWED AND APPROVED: INITIATE AND AP ROVED: y Acting City A inistrator �� muni� Services Director iI i d. No. 2468 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as: CTTY 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 5th day of _January 19 81 , and was again read to said City Council at a regular meeting thereof held on the 19th day of January , 19 81 and was passed .and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Thomas, Finley, Bailey, MacAllister, Mandic, Kelly NOES: Councilmen: None ABSENT: Councilmen: Pattinson City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 6 ' RESOLUTION NO. 4950 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO ESTABLISH THE POLICY FOR MANAGEMENT OF RECREATIONAL AND PARK PROPERTIES WHEREAS, pursuant to Huntington Beach Municipal Code section 2. 30.030(f) , the Director of Community Services is charged with the duty of insuring conformance with the policy, rules and regulations , established by the City Council, for opera- tion of city recreational and park properties; and The City Council desires to provide for the orderly ad- ministration and control of such properties , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that the following rules shall govern recreational and park property in the city of Huntington Beach: 1. No sale, lease, exchange or use of park property shall be permitted which adversely affects the goals , purposes and objectives of the city' s Open Space/Conservation Element of the General Plan. 2. Any decision respecting recreational and park property shall be consistent with the civic purpose, public welfare and local policy. 3. Where civic purpose is designated for the use of any recreational or park property, such civic purpose shall be adhered to in fact as well as name. 4 . Use of park property shall be limited to recreational or other public or civic use . 5. No recreational or park property shall be sold until, pursuant to California Government Code section 65402, a deter- ►ninatton is made by the Planning Commission that disposal of of such property conforms to the' city' s General Plan, and is /- �hb 1?/ 10% 0 1. 4 `t! Y . thereafter declared by resolution of the City Council to be surplus. The terms of this section shall not prohibit or pre- clude the exchange of recreational o r g park property for other property of equal utility or recreational value. 6. All contracts, leases and deeds shall contain a clause by which any recreational or park property, affected by such contract, lease or deed, shall revert to the city when the use thereof does not conform to the policy established therefor. 7. City shall have control of maintenance and landscaping on all leased premises to insure compatibility with the design and landscape of the park site, as recommended by the Community Services Commission and approved by the City Council. 8. Leases, permits and agreements may be entered into to support city operation of a park, as well as to serve and en- courage the general and related recreational uses of a park. 9• Where any lease, permit or agreement, granted by the city, contains a provision to permit the erection of a structure, such lease, permit or agreement shall also provide that such structure shall be constructed in strict conformance to the city' s development plan and all applicable city codes and ordinances . This resolution shall become operative on the effective date of Ordinance No.__2462__. . PASSED AND ADOPTED by the City Council of the City -of Huntington Beach at a regular meeting thereof held on the 5th day of January 1981. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITI ED AND AP OVED: Acting City Adm istrator -<omrff`un-itq s Director 2. Re o. 4950 S'rA'rE OF CALIFORNIA ) COUNTY OF ORANGE 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 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 5th day .of January 19�j_, by the following vote: AYES: Councilmen: Pattinson, Finley, Bailey. MacAllister. Mandic. Kelly NOES: Councilmen None ABSENT: Councilmen: Thomas City .Clerk anti ex-officio Clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO . 1843 AN ORDINANCE FORMULATING THE POLICY FOR THE MANAGEMENT OF RECREATIONAL AND PARK PROPERTIES WITHIN THE CITY OF HUNTINGTON BEACH The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . There is hereby established the policy for the management of recreational and park properties within the City of Huntington Beach in order to provide for the orderly administration and control of such properties . SECTION 2 . The following rules shall govern the recrea- tional and park properties within the City of Huntington Beach : 1 . That any sale , lease , exchange or use of park property will not be permitted which would adversely affect the goals , purpose and objectives of the Master Plan of Parks , Open Space , Schools, and Recreation . 2. That any decision relative to properties must be consistent with civic purpose, the public welfare , and local policy . 3 . That any civic purpose as enumerated above must be such in fact as well as in name . 4 . Use of such park property shall be limited to recrea- tional and/or other public or civic use . This is not meant to preclude the exchange of one recreational prop- erty for another of equal recreational utility . 5 . That in the event an exchange of property takes place , a city employee , as designated by the City .Administrator, will be a member of the board of directors (or compa- rable body) or hold ex officio membership in such rec- Peational body or civic purpose organization . 6. That private exploitation of park property or facili- ties for monetary profit or gain will not be permitted . 1 . Memorandum to Mayor and City Council 17 March 1976 Ordinance for Professional Services Page 2 There is a provision in the ordinance for a more formalized process- in the procurement of "special services . " It is antici- pated that almost all of the procurements fall in category one, "General Services . " The "Special Services" section is placed in the ordinance to comply with Government Code Section 4525 et seq. which prohibits competitive bidding in the procurement of certain architect and engineering services . There is a split opinion at this time as to the effect of Government Code Section 4525 on charter cities . We have taken the conservative approach, and are assuming that it does affect this city. In the city ' s recent past, the retention of an architect for the civic center and library are the type of services that would fall in category two. This new ordinance was proposed by an administrative committee and modified by this office . It is intended as a starting place. In writing it we have attempted to extract the best of what the various departments have utilized in the past and to formalize existing practices . Respectfully submitted, DON P. BONFA City Attorney DPB:WSA: ahb i P ORDINANCE NO. 2047 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO NEW CHAPTER 3 . 03 ENTITLED "PROFESSIONAL SERVICES" The City Council of the City of Huntington does ordain as follows : SECTION 1 . The Huntington Beach Municipal Code is hereby amended by adding thereto new Chapter 3. 03 entitled "Professional Services" to read as follows 3 . 03. 010 Purpose . This chapter is adopted in order to provide a uniform procedure for the contracting of professional services by the City of Huntington Beach which will insure that such services are engaged on the basis of demonstrated compe- tence and qualifications for the types of services to be performed at a fair and reasonable price to the City. This chapter is further required in order to establish procedures for the proper evaluation of firms interested in contracting with the City, which evaluation shall insure maximum partic- ipation by all entities including small and local business entities. 3. 03 . 020 Definitions . (a) "Consultant" means a professional individual, firm or entity. (b) "Director" means the department head or his author- ized representative vested with the authority to administer the provisions of this chapter with respect to contracting for professional services . (c ) "Professional services" means those services which require a special skill or expertise including but not limited to the services of architects, engineers, environmental consult- ants, attorneys, accountants , appraisers , or where the service contracted for deals with public relations or promotions, elections, services and related activities, negotiations for the acquisition of land., banking, insurance, bonds or any other service of a similar nature to the above engaged for a particular project or series of projects . Other miscellaneous services WSA: cs 1 . w which .by their nature are not readily or efficiently procured by competitive bidding are included in this definition. Professional services shall be divided into the following categories : (1) General services includes services which pertain to collecting, interpreting, and reporting information together with the analysis and the formulation of conclusions and recom- mendations based on such information. These services might include the preparation of technical data, but generally in- volve services of a relatively routine nature which would normally be performed by city staff except for time limitations, special circumstances or such other reason as may be approved by the City Administrator. The services of planners, accountants; attorneys, appraisers and other professionals (other than . architects and engineers) will ordinarily be included in this .category. (2 ) Special services includes services which require a detailed consultation with a wide variety of sources or require substantial technical resources to prepare recommen- dations., guidelines or reports on matters of significant complexity. Special services may involve authority to employ or Associate with additional consultants and/or city staff. The employment of architects and engineers in situations re- quiring the exercise of substantial, professional ,judgment is included in this category. (d) "Responsible proposal" means an offer to perform professional services for the City in conformity with the specifications, conditions and other requirements included in the requests for proposals . (e) "Request for proposal" means a request for the submission of a proposal in accordance with specifications, conditions and other requirements included in the request . 3. 03. 030 Procedures. The procedures outlined in Sections 3. 03. 0 0 to 3 .03. 070 shall govern the contracting for profes- sional services in the city of Huntington Beach, except as set forth in Section 3 .03 . 080, Exempt and Emergency Procedures . 3. 03. 0140 Selection guidelines. In all cases, the final selection of a consultant shall include consideration of the following factors : (a) actual capability to complete the project in conform- ance with the specifications, conditions and other requirements of the City of Huntington Beach; 2. (b) demonstrated ability to prepare professional, accu- rate and timely finished products irrespective of unusual or difficult circumstances; (c ) a reasonable contract price in relation to the size, quality and time restraints of the proposed project with due consideration of competitive. proposals . 3. 03. 050 Professional register. The City `shall encourage consultants engaged in. the lawful practice of their profession to submit statements of qualifications and performance data to the. City for inclusion in a register of professional consult- ants. All consultants submitting such statements shall be included on the register of professional consultants; provided, however, that the City Council may order the removal of any consultant from the register for- any reason deemed appropriate by the City Council. Such removal shall not reflect upon the professional competency or qualifications of any consultant so removed. The city purchasing official shall maintain the pro- fessional register and may establish subcategories of profes- sional services for which consultants mayspecifically. register. The register shall be kept current and no consultant who failed to file a statement shall be . retained in the register. Consult- ants on the professional register will be required annually by the purchasing officer to update their statement of quali- fications, indicate their desire. to maintain the existing state- ment as filed, or indicate their desire to be deleted from the register. 3 . 03 . 060 General services . The procedure for the con- tracting of general services is as follows : (a) The director of the department primarily responsible for the particular project shall prepare a written statement of the specifications, conditions and other requirements for the requested professional services, file same with the purchasing officer and provide a copy to consultants who may wish to perform the service . Such written statement shall include a detailed explanation of the reasons why competitive bidding processes are not suitable for the procurement contemplated. Each such written statement shall then be approved by the City Administrator who shall give his written approval to procurement . . (b) The director shall then evaluate the current statements of qualifications and performance data in the professional registry, together with those that may be submitted or solicited from other firms regarding the proposed project . 3 • (c ) The director shall obtain informal written proposals from the available qualified consultants, conduct discussions with them regarding the project if such discussions are indi- cated by the complexity of the project, . and based upon the selection guidelines. established in Section 3 . 03. 040 and the criteria established by him select from the responsible pro- posals submitted to him, in order of preference, not less than three (3) of the consultants deemed to be the most highly qualified to provide the services required, and submit his recommendation to the City Council . Where fewer t.han three (3) proposals are received, these will be submitted to the City Council in the order of preference. (d) Where it has been established that the service can only be provided by a single source, a report of such findings shall accompany the recommendation to the City Council . (e) The City Council shall select one of the consultants so recommended which selection shall be based upon the criteria listed in Section 3 . 03. 040 and instruct the director and the City Attorney to negotiate a contractual agreement with the consultant so selected and authorize the City Clerk and Mayor to execute the final agreement . (f) The director shall then negotiate a contractual agree- ment with the consultant so selected subject to final approval as to form by the City Attorney, as to content by the. City Administrator, and by the City Council . (g) The director for whom the services are performed shall submit a confidential, written evaluation, which evalu- ation shall be filed with the purchasing officer, of the per- formance of the consultant upon the completion of the services proposed, which evaluation shall be attached to the statement of qualifications and performance data submitted to the City by the' consultant . 3 . 03 . 070 Special services . (a) The following formal, proposal procedure shall be utilized in connection with the retention of consultants for special services : (1 ) Notice Requesting Proposals . Notices requesting proposals shall include a general description of the services to be performed, shall state where proposal blanks and speci- fications may be secured, and the time and place for review of proposals . 4 . ' (i ) Published Notice. Notices inviting pro- t posals shall be published at least ten (10) days before the date of review of proposals . Notices shall be posted in at least three (3) public places in the city that have been designated by ordinance as the places for posting public notices. The City Council may also require that the notice be published in a newspaper of general circulation, printed and Published in the County of Orange and in statewide trade Journals when such statewide notice is otherwise required by law. (ii) Professional Registry. The director for whom the services will primarily be performed shall also solicit proposals from not less than three (3) responsible prospective consultants whose names are on the professional registry. (iii) Bulletin Board. The Director shall also advertise pending professional service requests by a notice posted on a public bulletin board in city hall. (2 ) Proposal Opening Procedure . Sealed proposals shall be submitted to the purchasing officer and shall be identified as proposals on the envelope. Proposals shall be opened in public at the time and place stated in the public notices. A tabulation of all proposals received shall be open for public inspection during regular business .hours for a period of not less than thirty (30) calendar days_ after the proposal opening. (3) Rejection of Proposals . In its discretion, the City Council may reject any and all proposals presented and may elect to re-advertise for proposals pursuant to the procedure hereinabove prescribed. (b) The City Council may determine that the formal proposal procedure is not appropriate in any given circum- stance, in which event the City Council shall require the director to obtain requests for proposals for the project in accordance with the provisions set forth in Section 3. 03 . 060, General Services. The City Council can also request the director to obtain requests for proposals in addition to the formal proposal procedure set forth above. In either of the above circumstances, the director shall utilize the spec.i- fications, conditions and other requirements adopted by the City Council in inviting requests for proposals . (c ) The director for whom the services are primarily to be performed shall select not less than three (3) consultants 5. from the professional consultants submitting responsible proposals. Such selection shall be based upon the criteria outlined in Section 3. 03. 040. (d) The director for whom the services are primarily to be performed and the directors of two (2) additional depart- ments of the city shall conduct discussions with the consult- ants so selected and shall prepare a recommendation to the City Council, based upon the criteria established by the City Council, of the consultants deemed by them to be most highly I ualified to provide the 'services required in order of pref- erence . A tabulation of all formal proposals. received shall be attached to the directors' recommendation. The City Council may, at its discretion, reserve the right to interview and otherwise evaluate any of the consultants submitting formal proposals . (e ) The City Council shall direct the director and the City Attorney to negotiate a contract with the consultant they deem best qualified. Should they be unable to negotiate a satisfactory contract with the consultant considered to be the most qualified at a price determined to be fair and reasonable to the City, negotiations with that consultant shall be for- mally terminated. The director and the City Attorney shall then undertake negotiations with the next most qualified consultants in order of preference established by the directors in their recommendation until the City Attorney and he are able to negotiate a satisfactory contract with a consultant . If the director and the City Attorney are unable to negotiate a satisfactory contract with any of the firms selected by the City Council, the directors shall select additional firms in order of their competence and qualification and negotiations shall be continued in accordance with this chapter until a satisfactory agreement is reached or until the City Council directs that all negotiations shall terminate. (f) The City Council shall approve the final negotiated contract, subject to approval as to form by the City Attorney, and approval as to content by the City Administrator and authorize the City Clerk and Mayor to execute the final con- tract . The director for whom the services are performed shall submit a confidential, written evaluation, which evaluation shall be filed with the purchasing officer, of the performance of the. consultant upon the completion of the services proposed, which evaluation shall be attached to the statement of the qualifications and performance data submitted to the City by the consultant . 6. : 3. 03. 080 Exempt and .emergency procedures. The need for certain budgeted and emergency and exempted procurements are recognized. An emergency shall be deemed to exist if: (a) there is a great public calamity; (b) there is immediate need to prepare for national or local defense; (c ) there is a breakdown in machinery or an essential service which requires the immediate attention of a profes- sional in order to protect the public health, safety _or wel— fare. (d) an essential, departmental operation affecting the public health, safety or welfare would be greatly hampered if the prescribed procedure would cause an undue delay in the pro- curement of the needed services. 3. 03. 090 Authorization by purchasing officer. In case of an emergency which requires the immediate retention of a professional consultant, the City Council may authorize the purchasing officer to secure by the open-market procedure, at the lowest obtainable price consistent with professional standards , any professional services regardless of the amount . of the expenditure. A full report of the circumstances of all emergency purchases shall be filed with the City Council by the purchasing officer and shall be entered in the minutes of said Council . .3. 03. 100 Authorization by department heads . The head of any department for which such services are required may, with the approval of the City Administrator contract directly for any professional services in the amount of Two Thousand Five Hundred Dollars , ($2,500) or less when procurement of such services has been budgeted. 3 . 03.110 Exemptions . Exempted from the provisions . set forth in the above sections are those services which would not involve the expenditure of city funds but would be financed through fees such as development processing, environmental impact reports , plan check, etc . , provided, however, that the director for whom the services are primarily to be performed shall obtain. proposals for the project in accordance with the provisions set forth in Section 3. 03. 060. , SECTION 2. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage 7. of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News, a weekly news- paper of general circulation, printed and .published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of April , .1976 , ATTEST: C 110 Ma r City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: t.0!2w&-00� City Administrator l�t�� ty AVE-orn APPROVED BY INITIATING DEPARTMENT 8. . No. 2047 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as: CITY OF HUNTINGTON BEACH ) e 4 i 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 adjourned. meeting thereof held on the 22nd day of March 1976 , and was again read to said City Council at a regular meeting thereof held on the 5th day of April 19 76 and was passed and.adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bartlett, Wieder, Coen, Duke, Shipley, Gibbs NOES: Councilmen: Matney ABSENT: Councilmen: None 'y ��✓ .�v City Clerk and ex-offfircio Clerk of the City. Council of the City of Huntington Beach, California 0 RESOLUTION NO. 4083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE POPULATION DENSITY FACTOR TO BE USED TO DETERMINE THE AMOUNT OF LAND TO BE DEDICATED BY DEVELOPERS FOR PARK PURPOSES WHEREAS, Sections 9741. 1 and 9961 . 5 of the Huntington Beach Ordinance Code provide that the population density to be used for the purpose of determining the amount of land to be dedicated by developers for park purposes shall be established by the City on the basis of the most recent data available in the form of Federal or State census or records of the City of Huntington Beach: and On the basis of such census records , it is the desire of the City Council to establish such population density factor , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that on the basis of the most recent data found in the Federal or State census , (or the records of the City of Huntington Beach) , it does establish the following as the population density factor for said city for the purpose of determining the amount of land to be dedicated by developers for park purposes: TYPE OF DWELLING POPULATION DENSITY I Apartments / Condonij nium:• Single/bachelor 1 . 18 One bedroom 1. 49 Two bedroom 2. 30 Three or more bedrooms 3 . 20 1 . p�_-;:^` '$ .KE,e' ,�`[. +,ar _ s'S"� .Si+4 y ` -x .t--Y Zss'�i.• x73'r �aM a.� .c a 'f �`-.�0 -`y t .;, ' . II RI - Single family 3 . 55 III Mobilehome 1. 80 Resolution, No. 3214 is hereby repealed PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of May, 1975. ayor ATTEST: Alicia M. Wentworth City Clerk Deputy City C erk i APPROVED AS TO FORM: City At orney APPROVED AS TO CONTENT: City Administrator .� Re_ No. 4083 STKI'E. OF CALIFORNIA ) COUNTY OF ORANGE ) se 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 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 19th day of May 19 75 by the following vote: AYES: Councilmen: Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: Councilmen: None a ABSENT: Councilmen: Wieder Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Deputy City Clerk e ' RESOLUTION NO. 4084 t ,.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY S OF HUNTINGTON BEACH ESTABLISHING THE MEDIAN FAIR MARKET VALUE OF LAND IN ALL NEIGHBOR- HOOD PARKS FOR THE PURPOSE OF DETERMINING THE AMOUNT OF FEE REQUIRED TO BE PAID IN LIEU OF DEDICATION OF LAND Pursuant to Sections 9741.4 and 9961. 8 , an appraisal of all neighborhood parks within the city by a qualified real estate appraiser, has been performed for the purpose of deter- mining the fair market value of such parks, NOW, THEREFORE, the City Council does hereby resolve that the median fair market value of land in all neighbor- hood public parks within the city is $42,700 per acre, and that said amount shall be used to determine the amount of fee to be paid in lieu of dedication of land for park and recreation purposes. Resolution No. 3699 is hereby repealed . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19:th day of May, 1975. M or ATTEST: APPROVED AS TO FORM: Alicia M. Wentworth _ City Clerk Deputy City Clerk City Attorney APPROVED AS TO CONTENT: N, City Administrator STATI? OF CALIFORNIA ) COUNTY OF ORANGE ) se CITY OF HUNTINGTON BEACH ) r,. r 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 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the lgth day of May 19 75 by the following vote: AYES: Councilmen: Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: Councilmen: None s I ABSENT: Councilmen: Wieder Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY Deputy City Clerk `� s A Bud 410 49.:v F � J' CITY OF HUNTINGTON HEACH�CA 77-144 . COUNCIL-ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH To Honorable Mayor and From Richard A. Harlow, City Council Members Acting City Administrator Subject UPDATE OF RESOLUTION #2930 Date November 1 , 1917 (RESOLUTION NO. 4550) Resolution No. 2930 adopted in 1969 authorizes the City Administrator or Assistant City Administrator to execute agreements on behalf of the City with builders or developers for the installation of street improvements at a subsequent date . Such agreements are undertaken only when a) the Director of Public Works determines that difficulties make immediate installation impractical and, b) the builder or devel - oper posts a bond for the work as required by the Municipal Code . The Code Section referred to in Resolution No . 2930, however, is inappro- priate since renumbering of the Code was accomplished during recodifi- cation. RECOMMENDATION Adopt Resolution No . 4550 and rescind Resolution No. 2930. ANALYSIS Resolution No. 4550 makes reference to the applicable updated Municipal Code Section which permits street improvements to be delayed. Adopting this resolution is not a change in policy but merely a "housekeeping" action. Res tfully subm' t d, chard 'A. Harlow, Acting City Administrator RAH/DLC :pj Attachment /_ /0 / — Ross '4DAO"; HOrCITY OF HUNTINGTON BEACH CA 7 7±1 ���e 6 a 1 COUNCIL-ADMINISTRATOR COMMUNICATIO HUNTING70N BEACH ]y r 1, To Honorable Mayor and From Floyd G. Belsito City Council Members City Administrator Subject SURPLUS REAL PROPERTY Date September 15 , 1977 It was brought to the attention of the City Council at the August 1 , 1977 , meeting that the City does not have a formally adopted procedure for the disposition of surplus real property. RECOMMENDATION : Adopt the attached ordinance pertaining to the sale of surplus real P property. SUMMARY: This ordinance provides for a three-step process : 1. After adoption of a resolution declaring real property surplus nd directing its sale, the City shall advertise and solicit sealed bids . Bids will be accompanied by a 10 percent deposit. 2 . When the bids are opened, the City shall also accept oral bids , providing that the initial oral bid is a minimum of 5 percent higher than the highest sealed bid. A successful oral bidder shall immediately deposit 10 percent of the amount of the bid. 3. Upon award of the bid, all sales are final. Within 10 days of award of the bid, the buyer shall make payment in the full amount of the purchase price to the City for all sales of $25 , 000 or less ; for sales in excess of $25 ,000 , the buyer shall make payment in full within 30 days of award of the bid. Respectfully submitted, 4—� 4loyd Belsito City ministrator FGB:AR:bb Attachment Page #20 - Council Minutes ` /76 �( ORDINANCE NO 2051 - ADOPTED - AMENDS CODE - COMPENSATION - CITY CL 1C "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTI)WTON BEACH MUNICIPAL CODE BY ADDING THERETO SECTION 2.12.010 ENTITLED, "COMPENSATION." ORDINANCE NO 2052 - ADOPTED - AMENDS CODE COMPENSATION - CITY TREASURER ."AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO SECTION 2.16.086 ENTITLED, COMPENSATION.0 ORDINANCE NO 2057 - ADOPTED - AMENDS CODE - LIBRARY BOARD - DEFERRED FOR ADDITIONAL INFORMATION "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 2.88.020 PERTAINING TO LIBRARY BOARD." On motion by Wieder, Council deferred action on Ordinance No. 2057 pending additional information on the matter. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder .?ES None BSENT: None COMMUNICATION FROM ROCKWELL INTERNATIONAL - NUCLEAR POWER PLANTS INITIATIVE COUNCIL POSITION STATED The City Clerk presented a communication from Donn L. Williams, President of Rockwell International regarding Proposition 15 - .Nuclear Power Plants initiative and urging that Council encourage the defeat. of said initiative. Following discussion, a motion was made by Councilman Pattinson that Council take no position on any State Propositions. The motion was passed by the following votes AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None CETA (COMPREHENSIVE EMPLOYMENT TRAINING ACT) PRESENTATION BY MANPOWER DIRECTOR SCHEDULED The City Administrator reminded Council that a presentation would be made by the Manpower Director regarding the Comprehensive Employment Training Act at a meeting of Council to be called for April 26, 1976. CITY ATTORNEY TO PREPARE AMENDMENT TO RESOLUTION 2539 RE: SECOND TO MOTIONS On motion by Pattinson, the Council directed the City Attorney to prepare a resolution amending Resolution No. 2539 of the City Council of the City of Huntington Beach that Council abide by Robert's Rules of Order and require seconds to Council motions. The motion was passed by the following vote: AYES: Pattinson, Siebert, Shenkman, Wieder NOES: Bartlett, Coen, Gibbs ABSENT: None j 204 Page #9 Council. Mirz, :.s . - 1/2/73 BEACH PARKING FACILITY - OVERNIGHT CAMPERS - APPROVED - (CA 72-82) The City Administrator addressed Council regarding the utilization of the City parking facility for overnight campers during the winter months, and stated that if Council was in accord with the proposed program, he would recommend that approximately $12,000 be appropriated for these overnight facilities. Discussion was held between the Council and City Administrator concerning various aspects of the project. On motion by Green, Council directed the City Attorney to prepare a resolution auth- orizing the expenditure of an amount not to exceed $12,000 for each of the first two years for the development of winter overnight camping facilities; with the stipu- lation that before the project is finalized it be brought back for review by Council and that the feasibility of instituting overnight camping facilities during the summer months be studied. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None UPDATING BURROUGHS B-2502 COMPUTER - DEFERRED - (CA 72-83) The City Administrator addressed Council concerning a possible updating of the Burroughs B-2502 Computer in relation to a grant request for the Police Command and Control project which is expected to be approved by the Federal Government. The Finance Director explained the many advantages which would be derived by the computer updating. Considerable discussion was held between the Council and staff on the matter. Councilman Green stated that it had been requested by Council that an independent study be performed by a computer specialist to review the City's system for report to Council. Captain Michael Burkenfield, Police Department, addressed Council and reported on the Federal grant for the Police Command and Control project which is to be received by the Police Department. Mayor Coen directed that this matter be deferred until the independent report on the City's computer system has been received by Council. FT ROPOSED POLICY - ADDITIONS TO PLANNED RESIDENTIAL DEVELOPMENTS - APPROVED - (CA 72-81)he City Administrator presented a proposed Policy on Additions to Planned Residential Developments for the consideration of Council as follows: Additions Within Planned Residential Developments Additions to dwelling units within an approved and developed planned residential development shall be subject to approval of the Planning Director or a person so designated by the Planning Director. Said person shall review a plot plan and an elevation plan of the proposed addition which shall depict the design and materials to be used and shall apply the following criteria: I � J Pige $10% Council Minutes - lh)73 ` 1. Any addition, if approved or conditionally approved, shall not be construed to supersede any requirement of the homeovmer's associ- ation for subject planned residential development, and the appli- cant shall first receive approval for his proposed addition from the homeowner's association. 2. The addition shall maintain or enhance the existing architectural theme or design of the planned residential development. 3. The addition shall not block an existing neighbofs view. 4. The addition shall not encroach upon any yard requirement and/or development standard that has been established by the zoning district or the conditions of approval for the sub- ject planned residential development. All plans for additions within a planned residential development that have been acted upon by the Planning Director, or his designated representative, shall be maintained as a part of the permanent public records within the Planning Department. On motion by Matney, Council approved the proposed Policy on Additions to Planned Resi- dential Developments as presented by the City Administrator, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen ROES: Councilmen: None ABSENT: Councilmen: None ,PERFORMANCE BONDS b AGRMT. - PARK FEES - SIGNAL LANDMARK - TRACTS 7869 6 7870 -(CA 72-84) The City Administrator presented Performance Bonds and an Agreement relative to the park and recreation fee bond for Tract Nos. 7869 and 7870, together with his recommendation that the performance bonds be accepted and the agreement executed by the Mayor and City Clerk agreeing that payment of the required park and recreation fees for said tracts be deferred until a determination is made of the amount of the subdivider's land which is to be dedicated for park sites. Discussion was held between the Council and the Planning Director on the matter. On motion by Bartlett, Council accepted the Performance Bonds on Tract Nos. 7869 and 7870; approved the agreement relative to the park and recreation fee bond and directed the Mayor and City Clerk to execute same on behalf of the City. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen HOES: Councilmen: None ABSENT: Councilmen None ' 'HUNTINGTON BEACH CONCERT BAND - EXPENDITURE AUTHORIZED - (CA 72-86) The City Administrator addressed Council concerning the formation of the Huntington ,...Beach Concert Band, stating that Superintendent Roper, school officials, .band directors, Golden West College and other interested persons have extended their cooperation to the , '.'City. He informed Council that the proposed director of the band was Mr. John Mason 1 ",'who teaches music at Marina High School. He recommended that an appropriation in the � ". amount of $15,000 be authorized for the purpose of organizing the Huntington Beach "Community Band under the direction of Mr. John Mason. CITY OF HUNTINGTON BEACH CA 72-66 - COUNCIL - ADMINISTRATOR COMMUNICATION HUNTINCTON BEACH To The Honorable Mayor and From City Administrator City Council Members Subject MANAGEMENT OF RECREATION AND Date November 28,ip- ED BY CITY PARKS PROPERTIES POLICY The Recreation and Parks Commission has made sevLralrecommendations concernin the mana ement of citg g. CITY CLrirecreation and parks properties. (see attached meo and related correspondence). It would concur with the Commission that the current Management of Recreation and Parks 'Properties Policy see attached) be amended y the addition of point 14) to read: "The granting of leases , permits and concessions shall be limited to those which are necessary to financially support the city operation of a park and, in addition, to serve and encourage the general and related recreational uses of a park. " and the addition of point (15) to read: "In granting permits , leases , and concessions, no per- manent structure shall be erected unless said structure is in accordance with the city's development plan for the park and is in accordance with city specifications." RECOMMENDATION: Review for action at City Council meeting of Dec. 4, 1972 . Respectfully submitted, 4�av?i�dD. Rowlan s City Administrator DDR/b j s Attachment .-- . -- ,. , , .:.... .., �;_` - �. "-. . . I 1. , .. . . . - . - . . _. . -, , � �...... , � . � .. .� . . � ..- � 'i�. .. . � �:�-z_ ,-f.� *� , _�%`_ _.. . ... . . . . . . .- . , '. .�:, , .,.. ! .... . .. . � . ��7 11__.�-,, A.:I., .-.,�:.. .. . . .I . I. . �._ � .. I.� � . ... � . , �,:. ,. '. : . * .I . � - A� t . - - , �,-_� � , — ABCITY ..; _-. ' OP.- II:H. U. N%T ,-,- ,W.*-. ._-"...;,.O T O.,-* W M i_i,- ..� I _m, "I-`- _ ,i.- . , ' ....,.�- .- .._ -*.. :. ! .. :- _.... ..".:. �- ".r.. -. .,sZ ,. -�- -�1 .- .-. : _ 1- _.'_ COUNI - ADMINISTRATOR COM UNICATJ V . , . ..,.HUNMGMN REACH - - - - 76 Mayo and. City From City A` i I trator Members a . Subject: MANAGEMENT. OF 'RECR ATION ate uct0t'e 1v 107i ANb PARKS -PROPERTUS..-POLM - 1E - — . .. . - _ i _ - jc _ .. I - - . '.'The Recreation- and .Park! Combi sfdn 4s4 -m� -sever41, , recommendations -concerhiftg .the management- ci i . -. recroation:1a d parks prqper"tAes- ts0e-_ :attached -memo .. . and rel ted d rresDond nc �-.- ..� __ Ig �ould 'concur Vi_t— the _cb wt§4�I `-thi t" hd ,;4"�-xeif t nazemdnt .of -Recreation,.:4 4, �trks -Pr q qrtie,r7Po - ;_, i _'_ i see a ace ei 3yXe: 1 0 01nT to read:. " ThelgrAnting'. of., .1eases� permits " conce ss, Shall be. li ted to. those: fi ,are 4P �04y to ',faul —a21 support the .city operation of_ -.paxk -andi;" jl - A i1MAi to _ serve and,encourage the, .and ii1ute&X e re- toho I uses of a park.i - and',the - diit i _ �tt,i6 -& ( 5 to read: "In gTanting,.permkt§.i- ,I-ease-sA :andco eess 64s�-in0,-PeT m aneht structure shdlI. be un1Oss said scture " '-� .,".... -! X xs in.--a c . with tie cty s e eidp t- for: the Pa-T ::and 1� in' accordance i clry�4 � d Afi0ft .4 A_ 1:. - i T RECO M NbATION:; 1 - - - - 4� - l Review e4 for'.. action -at �*��Co dl meeting 0 � _ ._" - , , - _- "1 ... 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'.,�,:,!'._—r__: .. .,,.' --1.9�1.i. 11_'.V.Xw�!=;�`a_.:1.-��.,�.r�k,,,,;�v�,,,�',.��;�".L-�,��-;";,..-��.,.�",';, , -4 Z �- - .'. -�, - _-——w� .'4'..L_ .14 10. K - _�4— z POLICY MANAGEMENT OF RECREATIONAL AND PARKS PROPERTIES The purpose of this policy is to provide for the orderly administration and control of recreational and park properties within the City of Huntington Beach. 1. That any sale, lease, exchange or use of park property will not be permitted which would adversely affect the goals, purpose and objectives of the Master Plan of Parks, Open Space, Schools, and Recreation. 2. That any decision relative to properties must be con- sistent with civic purpose, the public welfare, and local policy. 3. That any civic purpose as enumerated above must be such in fact as well as in name. 4. Use of such park property shall be limited to recreational and/or other public or civic use. This is not meant to preclude the exchange of one recreational property for another of equal recreational utility. 5. That in the event an exchange of property takes place, a city employee, as designated by the City Administrator, will be a member of the board of directors (or comparable body) or hold ex officio membership in such recreational body or civic purpose organization. 6. That private exploitation of park property or facilities for monetary profit or gain will not be permitted. 7 . Such park property shall not be subject to continuous or exclusive use of any one particular or special interest group unless the membership of that group is open to the general public on a nondiscriminatory basis. 8. That the proposed sale, lease, exchange or use of park property is permitted by law and the documents evidencing the transaction are approved by the City Attorney. 9. That in the event of sale of such property, no deed shall be delivered to purchaser until the purchase price is paid in full. 1. CITY OF HUNTINGTON~ BEAC.H. CA 72.-66 c COUNCIL ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH To The Honorable Mayor and- From Cty.Administr_ator City Council Members ,M Subject MANAGEMENT OF RECREATION AND . Date Novem_ ber-.28,` 1- 72 PARKS PROPERTIES POLICY The Recreation and Parks Com i9 ion-has-AIL e aeve.ral recommendations concerning the aanagementof city,' -. recreation and parks properties .(see attached. memo. and related correspondence)'. It would concur with the Commission that ahe' current Management of Recreation arid. 'Parks-'Proper_ti es.:Poli'cy. see attached) e amended y .the a =-addition o .pflin 4) 5 to read; "The granting of --leases, permits and con_ces�ions .. fi� / y shall be limited to those which 'am-necessary 'to: financially. 2 support. the city operation .of a park :and, inadditons: to' - serve -and encourage the general and related -recrea:ti-oval uses of a park. " and the addition of point (1_S) to read: "In granting permits, leases and conces_sioncs, .no- per- manefit-:structure shall ' be 'erected unTess-.--sa1d:- structure r is -in accordance with .the city's .development''plar for< the s park and . is-- in accordance with city spec-i_fications-ii— ` RECOMMENDATION: Review ,for action at City Council. meeting;of Dec`. 4, .197.2. Respectfully submitted; k Y: . avid' D. low--an s City Administrator J.DDR/b j s g Attachment 1 • 10. That no such property shall be sold unless it is first declared to be surplus property by the City Council. This is not meant to preclude the exchange of one re- creational property for another of equal recreational utility. 11. That all contracts, leases and deeds shall contain a reversionary clause by which such property shall revert to city if and when the use to which the property is being put is inconsistent with the use permitted by this proposed policy. 12. That any sale shall be at fair market value; any exchange for property of at least the same fair market value; any lease for a fair and reasonable rental based on fair market value of such property. 13. That the City retain maintenance control and that the land- scaping shall be compatible with the design and landscape of the park site and shall be approved by the Recreation and Parks Commission and City Council. 2. JA CITY OF HUNTINGTON BEACH COUNCIL ADMINISTRATOR.COMMUNICATION CA 72-66 HUNTINGTON BEACH To Ma or and City Council From . City Administrator Members Subject MANAGEMENT OF RECREATION AND Date October 30 , 1972 PARKS PROPERTIES POLICY...,;,:-:. K The Recreation and Parks .Commission has made several recommendations concerning the management of city recreation and parks properties (see attached memo and related correspondence) . RECOMMENDATION: It would concur with the Commission that the current Management of Recreation and Parks Pro erties Polic see attached). e amended y the addition of point 14) to read: "The granting of leases , permits and concessions shall be limited to those which are necessary to financially support the city operation of a park and, in addition, to serve and encourage the general and related recreational uses of a park. " and the addition of point (15) to read: "In granting permits , leases , and concessions , no permanent structure shall be erected unless said structure is in accordance with the city's development plan for the park and is in accordance with city specifications ." Respectfully, �4 David D. Rowlands City Administrator DDR:eh Attachment CITY OF HUNTINGTON.. B 2 4 via VE DU INTER-DEPARTMENT COMMUNICATIO l� l5 HUNTIN6TON BEACH r 2 9 19,17 - To Mr. David Rowlands CITY OF ►f��►'Jb9J4 & Parks City Administrator Fror�,DfARJ($ 1�iSn Subject Management of Recreation & Parks Date September 26 ,. 1972 properties ' policy OCT 13 RECT At the last regular meeting of -the Recreation and' Parks Commission _ they discussed the request of the Huntington Beach-Fountain Valley . Y.M.C.A. (See attached letter) and the following motions were made by Mr. Rod Cruse , seconded by Mr. Jim Sheppard and carried unanimously : - ..- MOTION : That the Recreation and Parks Commission recommend to the -City Administrator and the City Council to 1) Deny the Y.M.C .A. request to . lease a two acre parcel of property at the N-W corner of Golden West and the new Talbert street alignment within Huntington Central Park for the purpose of constructing an office complek and swimming pool as the Commission supports the "natural park" concept for Huntington Central Park and is opposed to the sale or lease of any Huntington Central Park property by any private, semi-private or community serving agency except those which are necessary to financially support the city operation of the park. . 2) Support the Recreation and Parks staff position that no Huntington Central Park property should be declared surplus and not needed for park purposes . 3) Support the location of the 'Y .M.C .A. and similar community service agencies on property fronting the perimeter -of Huntington Central Park should it, be their desire . and 4) Validate the fact that the Y.M.C .A. is eligible under the existing "Management of Recreation and Park Properties!' policy to acquire city park land if any is determined by the city council to be "surplus" and no longer needed for public park purposes . MOTION: That the Recreation and Parks Commission recommend to the City Administrator and City Council that the Management of Recreation and Park .Properties policy be amended by the addition of point 1 to read: T e granting of leases, permits and concessions shall be limited to those which are necessary to financially support the city operation of a park and, in addition, to serve and encourage the general and related recreational uses of a park. " and the addition of point ( 15) to read: "In granting permits , leases , and concessions , no permanent structure shall be erected unless said structure is in -accordance with the city's development plan for the park and is in accordance with city specifications . " ed Respectfully submitt , �%C �. Norm Worthy, Secreta y Recreation- and Parks. Commission NW:k �\ g AJ �• .,•... 1 al .f a \! \ a _✓ 1� A k._; a! �ti '.� '., •' `1/0~_o:: •_rrf Mutual mnj F_.rautiw Counc•ir 1 P. O. SOX U01, F.'UtMNGTON ItZACH, CAUF. 92647 August 'R, 1972 Mr. Norman Worthy, Secretary Recreation & Parks Commission P. 0. Boy; 190 Huntin rtoi-"13each, Calif. 92649 Dear Mr. Worthy, Please hr i Tip; the enclosed . re solution to the attention of : (.1 ) ihe. Recl oa•tion R Parks Comm.ii :-.si.on. at their August 9tll ;r.� et:in�, ZlDd (2) - the City Council and City Administrator at such time and date %,lien 1 h�.y review the Recreat-ion & Pa.rl:s Coo-mission' s foithcominc (recompiciided) action on the s tlefor. lease of Central Czty Park land to the 1:'1CA . Ttiankinf you in. advance for your attention to this ma•t-i•er, I am .Sincerely yours, T-.- Brian PUI'kinsor. President F_1c 1 . 1 cc : To:::. v e r n s ti .��,..�.� .. .__ ,� J � 4:YiJ �i .. .� .._.ri t,j �`-.l t.'.� it w� - .)L� �-• '_,. , `�~ "flare O:•v ert Af ufGaly a- P.O. SOX 1601, HU.NnNGTON CJICH, C.IUF. 92647 Y R E S O L U T I O N WHEREAS, the members and organizations of IIOXE Council have in the past consistently supported proposals and programs to improve and make possible the acquisition and development of city park lands and. recreation facilities ; and WHEREAS, the funding and administration of such programs involves the comingling of federal and local contributions; and WHEREAS, such lands and facilities thus acquired and develi)ped should be considerc!'l a public trust; and WITERFA��) in the opinion of HOME CoW:cil meml.ers there i:i no surplus land. ava. lablc %---i i,hin the Centr:i.l O.i.3 Purl: boundaries ; 1 NOW THMIZEFORE BE TT RF.SOIAMD that 110,1 : Council. member- cleem it improper to prcjvic t! for the sale , lease , or setti.-,{, asiue of public ji.,.rk lands for a priv;.i l.{, group ' s facili-ty at this time or my time iu ilic futul-Q • Adopted by the General. Me,mbers.1i}� on Ju]y 26, 1972. T. Brian Par.ki.ilson, president 0 A C H U N YOUNG MEN'$ CHRISTIAN ASSOCIATION RifH04.0 COLLATO, EY:CUTWE D,RECIOP - August 7, 1972 Norm Worthy Director I iecreation & Parks Department j P. Q. Box 190 Huntington Beach, -California Re: Site for proposed YMCA Aquatic Facility Dear Norn: Thanks again for the opportunity July 12, 1972 to bring the H. B. Recreation and Parks Commission up-to-date on our YMCA, Building Plans. As you are aware, we are hoping to gain City Council approval prior to the close of the calendar year 1972 for long term use of a 2 acre parcel of land n the City Central Park. Prior to meeting with the City Council we hope to gain endorsement from the Recreation & Parks Commission on this request. • To take positive steps toward the ultimate decision, the YMCA believes that ttie i'ollowing steps mus be taken all of which are based upon the current --ity policy on the Miionngement of R & P land. � ) `he Recre tion and Parks Commission needs to evaluate and validate the elig,. b it i ty of the YMCA for acquiring City 1: and P land. %) The and Parks Commission needs to review the YMCA' s appl_cation for approval of the two acre parcel of lend ir. City t-entrcl Park located at. the NW earner at Golder: .Jest and the Talber, rear urent. The ::e_re_stior. and Parks Commission should erc-)rse the req:.test or sugge!i�- an alternate location in the City Central. Park or otier :aent:•r:.'.1v 1---,ated Recrea%ion and Parks land. YWA - 17911 BEACH BLVD. 1SUM q1 - HL,NTINGTON BEACH, CALF 92647 71 ,' 847-9622 14 Page 2. We of the Y14GA believe that the YMCA hilly meets the criteria as established in the existing policy, which state the criteria for eligibility as 'hon profit, open to the public, non-discriminatory, and operates in concert with the objectives of the hecreation and Parks Department". We have reviewed the legal eligibility of the YMCA with the Huntington Beach City Attorney's off ce and in their opinion the YMCA meets all of the criteria established for eligibility under the policy. I respectfully request your written endorsement of our request or a suggested alternate site prior to October 1 , 1972. The YMCA is ready to promptly respond to any questions the Recreation and Parks Department may have in regard to the above. We look forward to hearing from you shortly and working with you in this opportunity for joint cooperation in better serving the peoples of Huntington Beach. Sincerely, M. A. Kimmel Chairman, Huntington Beach `-MCA Building Committee MAKE nh CC: Don Bonfa. Richard Collat;.: Tom .Cooper 2 Tom Severns David Rowlands i i i i c ji f i . i i I 5: M E M 0 R. A N D U M r TO: Recreation and Parks Commissioniv� FROM: Mr. Norm Worthy, Director Recreation and Parks Staff Mr. Tom Severns, Development Coordinator DATE: March 3, 1972 SUBJECT:. Sale or lease of' Huntington Central Park property to youth serving organizations Through the efforts of many hard working people in the com- munity, the dream of a vast, nature endowed, central park will soon beemme a reality . City staff :ias employed the firm of Eckbo, Dean,. Austin and Williams to design this park and they, in turn, employed Development Research Associates to prepare a study of the over-all comru.nity needs in order that they (EDAW) might prepare a better plan of land use. This was accomplished and- the Recreation staff has gracefully accepted the fact that our citizens want a natural park without the high activity recrea- tional features such a* formal lighted ball diamonds, tennis courts, gymnasiums , swimming pools , football stadiums , executive offices, etc . In view of these findings, EDAW designed the park to fit the atmosphere of a regional natural park -with certain concession allowances to enable city staff to recoupe some of the cost of operation. We, the City Recreation and Parks staff, wish to go on record in spcart nhg_rtural_parlc_�anc.ep-r._and_in_ opposition to the sale or IeaS-e-.Qf-arty. Cent-ral_ Park_yroperty by any private., i s�rtflr-p-r vate or community serving_ agenc�yr� Wedo not feel that ive'�3ri c ola- e._ary Hunt ington..Centrc _Teaxk. property as surplus, and not needed for park purposes_ We would, however, whole- h`ear�edly rt suppa the- Location of such agencies around the peri- meter of Huntington Central Park. The future lease of certain locations within the park to concessionaires is , of course, another matter, and we will have to be somewhat realistic in recognition of our need for park + operational revenue. We will soon have some concession lease proposals to bring before the commission for study and recommend- ation to the City Administrator. i . ORDINANCE NO. 1843 AN ORDINANCE FORMULATING THE POLICY FOR THE MANAGEMENT OF RECREATIONAL AND PARK PROPERTIES WITHIN THE CITY OF HUNTINGTON BEACH The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. There is hereby established the policy. for the management of recreational and park properties. within t the City of Huntington Beach in order to provide for the orderly administration and control of .such properties . SECTION 2. The following rules shall govern the recrea- tional and park properties within the City of Huntington Beach : X _ 1. That any sale , lease , exchange or use of park property will not be permitted which would_ adversely affect the' goals , purpose .and objectives of' the Master Plan of Parks , Open Space , Schools , and Recreation. 2 . That any decision relative to properties must be consistent with civic purpose , the public welfare , and local policy . t 3 . That any civic purpose as enumerated above must be such in fact as well as in naive . 4 . Use of such park property shall .be limited to recrea- tional and/or other public or civic use . This is not meant to preclude the exchange of one recreational prop- erty for another of equal recreational utility . 5 . That in the event an exchange of .property takes place , a city employee , as designated by `the City Administrator, will be a member of the board Of _di_rectors (or compa- rable body) or hold ex officio membership in such rec- reational body or civic purpose organization . 6 . That private exploitation of park-"roperty or facili- ties for monetary profit or gain ,wll not be permitted . 1 , ! 7 . Such park property shall not be subject to continu- ous or exclusive use of any one particular or special interest group unless the membership of that group is open to the general public on a nondiscriminatory basis . 8 . That the proposed sale , lease , exchange or use of park property is permitted by law and the documents evidenc- ing the transaction are approved by the City Attorney . 9 . That in the event of sale of such .property, no deed shall be delivered to purchaser until the purchase price is paid in full. 10 . That no such property shall be sold unless it is first declared to be surplus property by the City Council . This is not meant to. preclude the..exchange of one rec- reational property for another of equal recreational utility . 11. That all contracts , leases and deeds shall contain a reversionary clause b.y which such property shall revert ry' to city if and when the use to whch. the property is being put is inconsistent with tYe -use permitted by this proposed policy. 12 . That any sale shall -be at fair market - value; any exchange for property shall be at least of, the same fair market value ; any lease for a fair and :reasonable rental shall • be based on fair market value of..such property . 13 . That the city retain maintenance control and that the landscaping shall be compatible with the design and landscape of the .park site and shall be approved by the Recreation and Parks Commission and City Council . 14 . . The granting of leases, permits and concessions shall be limited to those which are financially necessary to support the city operation of a park and, in addition, to serve and encourage the general ' and related recrea- tional uses of a park . 15 . In granting permits , leases , and:.`concessions , no perma- nent structure shall be erected unless said structure is in accordance with the city ' s- development plan for the park and is in accordance with;.. city specifications . 2 . SECTION 3. The recreational and park properties shall be subject to the following reservation procedures and restrictions : 1. All applications for reservations must be on official forms provided by Recreation and Parks Department . 2. Seven calendar days required to cancel a reservation or .change a date or time; otherwise a $5 .00 fee will be charged for late changes . 3 . Permits will be issued to adults .only . The person signing the application must be present at the event for which the permit was issued. 4 . An adult chaperone ( 21 years of age) will be required for every twenty-five (25) children at youth events . 5 . A cleaning deposit may be required with application. The facility must be cleaned up and returned to reason- able condition. If the group fails to do so, a fee will be charged for this cleaning service . If the group does not pay the fee, the city shall have the right to cancel the group ' s current contract and reject future applications . 6 . Any person or group causing property or equipment damage will be required to pay for same (based on current cost of repair or replacement) . 7 . No alcoholic beverages permitted in buildings or parks . (Huntington Beach Ordinance Code Section 7721. 9) 8. Gambling, the use of profane language and loitering shall not be permitted. (Huntington Beach Ordinance Code Sections 7721. 6 , 7721. 7 and 7721. 11.) 9 . Groups requiring time to decorate.'or other preparation must include time on original permit . 10 . Use of kitchen must be on request forms . Kitchen is to be used for catered meals and light refreshments . All food stuffs must be removed from kitchen upon con- clusion of. event . 11 . Use of the facilities covered herein shall be subject to the following priorities : I Recreation and Parks Department sponsored activi- ties . 3. II Recreation and Parks Department co-sponsored activities . ._ ;r III Local civic and nonprofit organizations . IV Huntington Beach- resident activities . V Commercial, business and profit-making activities . VI Nonresident activities . 12. The groups and activities set out in No . 11 above are subject to the following rules : A. Recreation uses which have higher priority have precedence over lesser priority groups : The Recreation and Parks Department may re-schedule uses , if notified within ten days of effective date . B. Groups III , IV and V may reserve a facility up . . to 6 months from effective date. C . Group VI may reserve a facility up to thirty days from effective date. Same conditions apply to Group V if a non-resident group . D. A maximum of four days per month may be reserved. E. Local civic and non-profit organizations : Member- ship consisting of 50 percent or more Huntington Beach resi- dents . A roster of group membership may be required by Recreation and Parks Department . F. Resident groups : Membership of those attending event, consisting of 50 percent or more Huntington Beach resi- dents . A roster is to be provided on request of Recreation and Parks Department . SECTION 4 . The City Clerk shall certify to the passage and adoption of this ordinance and shall cause ..th;e same to be published in the Huntington Beach News , a weekly newspaper, printed, publish- ed and circulated in the City of Huntington. Beach, California, and thirty ( 30) days after the adoption hereof the same shall take effect and be in force . PASSED AND ADOPTED by the City Council of the City of Huntington Beach, at a regular meeting thereof held on the 4th 4 . day of June,' 1973. a or ATTEST: APPROVED AS TO FORM: City Clerk City tt gyp'\ ,m 5 . =4 j. oi... No. 1843 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly appointed, 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 21s t day of May . 19 73 , and was again read to said City Council at a regular meeting thereof held on the 4 th day of June 1973 and was passed and adopted by the affirmative vote of .more .than a majority of all the members of said City Council. AYES: Councilmen: Shipley. Bartlett, Gibbs, Green, Coen, Dukp, Matney NOES: . Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio ,Clerk of the City Council of the City of Huntington Beach, California RESOLUTION' NO . 3688 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE NEW FEE SCHE- DULE DETERMINED BY THE DEPARTMENT OF RECREATION AND PARKS FOR USE OF CITY BUILDINGS AND PARTICI- PATION IN RECREATIONAL ACTIVITIES WHEREAS, Section 5231 of the Huntington Beach Ordinance Code authorizes the Department of Recreation and Parks to charge the public reasonable fees for City building use and for participation in recreation activities to help defray public expense, and, The Department of Recreation and Parks has prepared a new fee schedule to accomplish this purpose, said schedule set out in the attached Exhibit "A" incorporated herein, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby approve said schedule, and resolves that it take effect immediately . It is further resolved that all fees previously approved by this body, insofar as they are inconsistent with the schedule set forth in Exhibit "A" are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st day of May, 1973 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk Cit Attorney MURDY COMMUNITY CENTER FEES ROOM ROOM SIZE MAXIMUM GROUP I GROUP III* GROUP IV GROUP V GROUP VI OCCUPANCY & II HALL A 40 ' x 45 ' 257 NC $20 $20 $60 $40 HALL B 30 'x 35 ' 145 NC 15 15 45 30 HALL C/D 28 ' x 35 ' 140 NC 15 15 45 30 HALL C or D 17 ' x 28 ' 60 NC 10 10 30 20 GAME ROOM 44 NC 15 15 45 30 HALL A & B 402 NC 30 30 90 60 HALL A B C 5.42 NC 40 40 120 80 HALL A B C 586 NC 50 50 150 100 & GAME ROOM PICNIC GROUP 200 NC 30 20 SHELTER RESERVATION *GROUP III : Free use Monday thru Thursday, 9 a.m. to 10 p.m. and Friday 9 a.m. to 5 p.m. except holidays . Group III rates apply Friday after 5 p.m._ , Saturdays & Sundays . If more than one . room -is requested, hourly rate for additional rooms will be charged. All fees are for a period of 3 hours . Additional hours : $4 .00 per hour. Building Curfew. = 12 Midnite . Group I Recreation & Parks Sponsored Activities . Additional Fees : For special seating ar- rangements,Group II Recreation & Parks Co-sponsored Activities , b equipment and banquet arrangement , special other extras ; for clean-up Group III Local Civic & Non-profit Organizations . if a group fails to return the facility to Group IV Huntington Beach Resident Activities . a reasonable condition; for Holidays add $10 .00 or one-fourth of room rate , which- Group V Commercial , Business & Profit-making Activities . ever is greater. Group VI Non-resident Activities . USE OF KITCHEN: DEPOSIT OF $10. 00 (REFUNDABLE) . EXHIBIT "A" BUILDI `° -NTALS "' :ed 11/7' FACILITY MAXIMUM OCCUPANCY- GROUP I & II GROUP III* GROUP IV GROUP V GROUP VI **RECREATION 190 at tables NC $20 $20 $60 $40 CENTER **LAKE PARK CLUBHOUSE 78 at tables NC 15 15 45 30 **HARBOUR VIEW 93 at tables NC 15 15 45 30 CLUBHOUSE EADER 54 at tables NC 10 10 -- 6/h CLUBHOUSE LAKE VIEW CLUBHOUSE_ 48 at tables NC 10 10 -- 6/hour LeBARD 41 at tables NC 10 10 -- 6/hour CLUBHOUSE ***All fees are for a period of 4 hours . Additional Hours : $4/hour. Building Curfew = '12 Midnight . *GROUP III : Free use as indicated below. Recreation Center - Group III: Free use Monday thru Friday 9 a.m. to 5 p.m. Lake Park Clubhouse - Group III : Free use Monday thru Friday 9 a.m. to 5 p .m. Harbour View Clubhouse - Group III : Free use Monday thru Friday 9 a .m. to 5 P.M. Eader Clubhouse ,.- Group III Free use during regular hours of Banning Library Annex. Lake View Clubhouse - Group IIL: Free use Monday thru Friday 9 a.m. to 5 p.m. and Monday thru Thursday 6 p.m. to 9 p.-m. LeBard Clubhouse - Group III : Free use Monday thru Friday 9. a.m. to 5 p.m. and Monday thru Thursday 6 p.m. to 9 p.m. *"Exception: Recreation Center - Mee charged is forr period of 3 hours . Group I Recreation & Parks Sponsored Activities . Additional Fees : For special seating ar- Group II Recreation & Parks Co-sponsored Activities . rangements , banquet arrangement , special equipment and other extras ; for clean-up Group III Local Civic & Non-profit Organizations . if a group fails to return the facility Group IV Huntington Beach Resident Activities . . to a reasonable condition; for Holidays ad( $10 .00 or one-fourth of room rate , which- Group V Commercial , Business &. Prcfit-making Activities . ever is greater. Group VI Non-resident Activities . **USE OF KITCHEN : DEPOSIT OF $10. 00 (REFU;4TDABLE) T 1L T2 CITY GYM AND POOL FEES GROUP III GROUP IV Room ROOM SIZE MAXIMUM GROUP I Minimum- Minimum GROUP V GROUP VI OCCUPANCY . & II. Rental 2 Hrs . Rental 2 Hrs . GYM 100 NC $5/hr $5/hr $15/hr $10/hr GYM & LOCKER 100 NC 6/hr 6/hr 18/hr 12/hr ROOMS POOL & LOCKER 301- x 601 1-40 9C 7/hr 7/hr 21/hr 14/hr ROOMS POOL & LOCKER 30' x 601 41-80 NC 11/hr 11/hr 33/hr 22/hr ROOMS ROOM MUTING 35' x 451 60 NC 3/hr* 3/hr 30/hr 20/hr GYM, POOL, - GAME- 100-Gym NC 18/hr 18/hr 54/hr 36/hr ROOMS & LOCKER RMS 80-Pool *GROUP III: Free use of meeting room Monday thru Friday, 9 a.m. to 4 : 30 p.m. and 6 : 30 to 9 : 30 p .m. except holidays . n e-d-A' '' iv it i6s'Parks -Spo sor at Additional Fees : For- specialseating a- I- -.--..'.Recreation Group II Recreation & Parks Co-sponsored Activities . rangements, special equipment and other extras ; for clean-up if'a group fails to Group III Local Civic & Non-profit Organizations .. return the facility to a reasonable con- Group IV Huntington Beach Resident Activities . dition; for Holidays add one-hal.f rate . Group V Commercial, Business &: Profit-making Activities . Group VI Non-resident Activities . Reid .ll/7.2 SPORTS FACILI?'FEES FACILITY LOCATION GROUP I & II GROUP III GROUP IV GROUP V GROUP VI ONE SOFTBALL MURDY PK-GREER PK FIELD RECREATION CENTER NC $4/hr* $4/hr $12/hr $6/hr' FOOTBALL FIELD MURDY PARK NC 6/hr* 6/hr 18/hr 8/hr MARINA H.S. GYMNASIUM 1-100 EDISON H.S . NC 5/hr 5/hr 15/hr 7/hr H..B . H.S . MARINA H.S . GYMNASIUM 101. & up EDISON H.S . NC 1.0/hr 10/hr 30/hr 12/hr H.B . H .S. _ MARINA H.S. , SWIMMING POOL 1-50 EDISON H.S . NC 7/hr 7/hr 21/hr 9/hr H.B . H.S . MARINA H.S . SWIMMING P011L 51-100 EDISON H.S. NC 11/hr 11/hr 33/hr 13/hr H.B . H .S . MARINA H.S. SWIMMING POOL 101-250 EDISON H.S. NC 1.5/hr 15/hr 45/hr 17/hr H.B. H.S. MARINA H.S . Apply at High Schoo TRACK/FOOTBALL FIELD EDISON H.S . NC. NC NC H.B. F.S . District Office SCHOOL PLAYGROUND NC NC NC' = Apply at School District Office Paid Reservations : - Minimum usage of 2. hours . *Rates apply- from 7 p.m. to 11 p.m. only . No charge before 7 p.m.. Group reservations not accepted u,, Sundays up to 7 p .m. Field Preparation: Additional charge of $6 .00 pel' field .. Group I Recreation & Parks Sponsored Activities . Additional Fees : For special arrangements , Group II Recreation & Parks Co-sponsored Activities . special equipment and other extras ; for clean-up if a_ group fails to return. the Group III Local Civic & Non-profit Organizations facility to a reasonable condition; for Group IV Huntington Beach Resident Activities . Holidays add one-half rate . Group V Commercial, Business & Profit-making Activities . Group VI Non-resident Activities . Rt-. No. 3688 �. STATE OF CAIAFORNIA ) COUNTY OF. ORANCE CITY OF 11 UNT I NCT ON BEACH :ACH ) I, ALICIA M. WENTWORTH, the duly appointed, 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 21s t day of May 19 73 . , by the following vote: AYES: Councilmen: Shipley, Bartlett , Gibbs , Green, Duke. .Matney NOES: Councilmen: None ABSENT: .Councilmen: Coen - City Clerk .and ex-officio Clerk of the City Council of the City of Huntington Beach, California .f 3b k g� May 11, 1973 To : City Council From: City Attorney Subject : Ordinance Formulating Policy for the Management of Recreational and Park Properties and Properties Reser- vation Procedures and Restrictions and Resolution Approving the Fee Schedule for Use of City Buildings in Recreational Activities At the request of the Director of Recreation and Parks Department and the City Administrator, we transmit an ordinance formulating the policy for the management of recreational and park properties and properties reservation procedures and restrictions as well as a resolution approving the rental fees for the use of the Community Center and Clubhouse . The attached ordinance and resolution have been recommended for approval by the Recreation and Parks Commission. Respectfully submitted, DON P. BONFA City Attorney /er Attachments / J A y May 11, 1973 7 To: City Council From: City Attorney Subject : Ordinance Formulating Policy for the Management of Recreational and Park Properties and Properties Reser- vation Procedures and Restrictions and Resolution Approving the Fee Schedule for Use of City Buildings in Recreational Activities. At the request of the Director of Recreation and Parks Department and the City Administrator, we transmit an ordinance .formulating the policy for the management of recreational and park properties and properties reservation procedures and restrictions as well as a resolution approving the rental fees for the use of the Community Center and Clubhouse . The attached ordinance and resolution have been recommended for approval by the Recreation and Parks Commission. Respectfully submitted, DON P. BONFA City Attorney /er Attachments J J i - POLICY --OP. RECREATIONAL AND PARKS PROPERTIES po$e of this policy is to provide for the orderly h iu 116tr- tion and control of recreational and park properties aithin',thpF City..of::buntington Beach. F 1. 'tYa sale,'. lease,: -exchange or use of park property `nA be permitted which would- adversely affect goads, pnipose- and -objectives of the Master Plan .;jam jt a Parke n 3 ee Schools and Recreation. _r-. 1! f x " ' 2: u�That any decision-1selative to properties must be con- ststl�p� „ with'=-eiviC ptuipose, the public welfare, and t , .L T local policy;. - v s � ` $. � atx any ;vivo purpose as enumerated above must be fact-was Mell .as in name. i r �`Vae of suc1� -park property shall be limited to reere- ` atariel and/or .other public or civic use. This is ' no, meant ao`. pr.eclude the exchange of one recreational 1 N' property `for .;another of equal recreational utility. 4d T in .the egeAt an exchange of property takes place, S- 1 �;- �r enplo�ee, as, designated by the City Adminis- x e tr'ator tell be. a member of the board of directors ' xt (oT comparable body) or hold ex officio membership such e�ational body or civic purpose organisa- bar ' tb?� r [t` private,,4sploitation of park property or for monetary profit or gain will not be - r Z 4�� W Y•4proptrty shall not ,be subject to continuous •e(e r •sr t s - - - 4eke`lusijWe 4use -of, 'any one particular or special � ` . s .�aterest; group unless -the membership of th9ft group is . general pub110 on a nondiscriminatory } ;• *� .`gyp, -->-, -F . -,- { r-u•r as-Y�.?t-4 _ - _, - _ 4 j4 L it i • - t J !1 {' - ^,Z` Ly' -Ay Sif mot♦ -�vr •r g xa 11,fr - - ! ? iZ4-, { } _ v� XS\+y� SYi _ i ! lam- - I-• That theoposed :sale,. lease, exchange or use of `'parW rty is permitted by 'law and the documents j ev3Qs� ita: the transaction are approved by the - ` `Cit =`Attorney.. t g, htiat in 'ter gent of sale of sash property, no deed :ahal-1 -be' 4e1iv_ared to .purchaser until the purchase _T ! ' 7 t t..�.r may. • t l ;geld !A lull. YO.y. -'mo-_'such property- shall be sold unless it is ' ` ' -Brat de�2ared to be surplus property by the City ; Council.: This is .not meant to preclude the exchange ° I n ' Y , `° r �'of 7 one: recreational property for another of equal uillitri. That811 •contraets, : leases and deeds shall contain y S a revers ionBPy Clause by which such property shall s 'f, j revert= to? a :ty: it and when the use to which the .L property.l�iabybeng put . is Inconsistent with the use , ,�r,, peraritted Oy` this,.pro posed policy. I" Thit,ra'6Y 'sale shall be at fair market value; any w7 ` exchange for .property of at least the same fair t 4:.. : oarket---value;;, any lease for a fair and reasonable rental''b8sedf on. lair,market value of such property. ,> w ry i 4} 1 - fil 1 t' �cY- tit 1 - 5 Vz t y s l +Y• l -- ti'S i Affidwi.rit of lication 01 Stag.of California County of Eirang6 ss each City J fS. ParquharHuritington Bbeing duly sworn on oath, says: That he is a GOJi1Gl� citizen of the United States, over the age of twenty-one years. . That he is the printer and publisher of the Huntington Beach / News, a '.weekly newspaper of general circulation printed and pub- P� lished in-Huntington Beach, California and circulated in the said County of Orange and elsewhere and published for the disseminationt�~ of local and other news of a general character, and has a bona fide p,�4 subscription list of paying subscribers, and said paper has been established, printed and published in the State of California, and County of Orange, for at least one year next before the publication �''" = of-tie first insertion of this notice; and the said newspaper is not " devotee to the interest of, or published for the entertainment of any particular class, profession, trade, calling, race or denomination, or any n!.imber thereof.. The Huntington Beach News was adjudicated a legal newspaper of general circulation by Judge G. K. Scovel in the Superior Court of Orange County, California August 27th, 1937 by order No. A-5931. (Published Hun`tington'>Beach News �Apri1,9 970j j rt NOTICE OF PUBLIC HEARING That the NOTICE OF PUBLIC HEARING POLICY-`—.SALE,OF j�SURPLU,S;"-PROPER��T.O THE RECREATION &PARKS.PROGRAM POLICY—SALE OF SURPLUS PROPERTY NOTICE IS HEREBY GIVEN that.i pub- lic hearing will be, held-by the City of which the annexed is a printed copy, was published in said news- (Council of the.City.ofkbntQngto?i}.Beach, in the Council Chamber of the CIVIC; Center, Huntington Beach; at,%thve,hour_of paper at least One Issue 7:30 P:fvl orlas._soon_the`reafterl as pos iBible on Mori 6 the':4th day-of May, 1970 fog thve p pose.of holdirig a public 9th April hearirikr p�olicyktoncerriing the sale of commencing from the day of Y Recreation and Parks,`piop�erties that.have i become;surplus.to the�piograW1. All interested}-per°sonsW'`A invited to 1970 and ending on the 9th day of April attend said hearing arid express their' opinions.',fororagal stys Iala dPub'lc- Hear- 1 ing. ` 1970 , both da s inclusive, and as often durin said Further info msetio�ma beitobtaiined; y g period and frorn the Ofice-_o'f the Gity Clerk: times of publication as said paper was regularly issued, and in the DATED regular and entire issue of said newspaper proper, and not in a CITYr6F HUNTINGT�QN_BEACH supplement, and said notice was published therein on the following By PAUt c JONES dates, to-wit: _ ._ City Clerk April 9, 1970 sher Subscribed and sworn o before me this d day of 19 Zq. Notary Public Orange County, California THOMAS D. WYLLIE ;t NOTARY PUBLIC . CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires ,Sepf. 12, 1970 of Huntington, Begch County of Orange' State of California Affidavit of Publication of J. S. FARQUHAR Publisher Huntington Beach News Filed Clerk By Deputy Clerk A C ti r Al H U N YOUNG MEN'S CHRISTIAN ASSOCIATION RICHARD COLLATO,EXECUTIVE DIRECTOR April 28, 1970 Mayor Jack Green City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 Dear Jack: The FICA has appointed a committee to study the "Proposed Policy for Management of Recreational and Parks Properties" which, if adopted, may effect our organization in the future. Our committee is chaired by Dr. J. Russell Lindquist, Vice President of the West Orange County YMCA and Vice Chairman of the Huntington Beach YMCA Board of Managers. As a result of our meeting several questions were raised regard- ing the proposed policy. We would like to share with you these ques- tions as outlined on the enclosed two pages. Look forward to seeing you at the public hearing. Sincerely, Richard Collato RC/pac Enclosure BRANCH OF WEST ORANGE COUNTY ►4eCAAddress 14776 BEACH BLVD., WESTMINSTER, CALIF. 92683 714 / 894 4548 HUNTINGTON BEACH Y M C A 17931 Beach Blvd. Huntington Beach, Calif. 92647 / 714 847.9622 i i Dear (Councilmen) (Mayor) I am aware that the Council will soon be discussing a document to set policy regarding use of public property, primarily parks , by organizations and groups. As a representative of an organization which may request such use, lease, exchange or purchase of property held by the City, I would like to raise questions that I believe are in order as related to the Proposed Policy for Management of Recreational and Parks Properties". A. What is meant by "local policy" in Item #2? Is this "local policy" in writing and what determines it and the means of changing/modifying it? B. Item #5 requires membership of a city employee on the board of directors (or comparable body) or hold ex officio membership. . . . 1. I question the authority or appropriateness of such a statement under a lease, exchange or sale condition. Would this include any church, youth club, rock group, sports or other interest organization? Many organizations, worthy as they might be, have restrictive or pre-defined board member categories and membership conditions (Rotary, churches, garden or womens clubs) . C. Would Item#6 include use of park property adjacent to a church, school, youth or adult recreation center where de facto use would possibly exist and also might be an implied reason for an individual joining or belonging to the organization. D. How is Item #7 determined or controlled in light of "C"? E. Does Item #9 imply that occupancy of land and erection of a building are permitted with no further agreement necessary? If so, why not delete #9 since to my knowledge no deed is ever granted until a final settlement of agreements is effected. If there are other factors implied, they should be stated. F. Is the "inconsistent use" in Item #11 included in the contract? If the "Policy" is delineated by this form it would appear to be inadequate. G. May I suggest another format of the policy statement, after changes are made. I. Introductory paragraph as stated. II. A paragraph which defines types, classes , categories , and criteria of organizations which are covered under this policy and which have both permission for use of property and are eligible to lease, exchange and purchase property. III. The essence of Items #1, 2, 3, first sentence of 4, 6, and 7. IV. The essence of Items #5, 81 91 10, 119 12 and last sentence of 4. V. A concluding paragraph indicating means of validation, appeal and hearing, and change of this policy. quist Vice President West Orange County YMCA C� ?00S M E M O R A N D U M / TO: Honorable Mayor and City Council FROM: Doyle Miller, City Administrator DATE: March 31, 1970 SUBJECT: Proposed Policy - Management of Recreation & Parks Properties Agreement of Sale - Boys Club of Huntington Beach Pursuant to previous Council recommendation, the attached proposed policy and agreement of sale are transmitted for your review, adoption and execution. The subject documents have been designed to conform to existing criteria used by. other jurisdictions in Southern California and would provide the necessary controls required by Council . Both documents have been reviewed by the staff of the Recreation and Parks Department, the City Attorney and the Administrator ' s office who have agreed on form and content. The Recreation and Parks Commission affirmed the documents at a special meeting on Aptil ''2 , 1970 . Should questions arise the Development Coordinator and Director of Recreation and Parks are prepared to discuss both items . Suggested Action Adopt the policy and authorize execution of the agreement of sale . Doyl Mil er Enclosure p� PUBLIC HEARING $ET 5 l/ _ �C) Publish 4/9/70 FOR:. . .... ...... ..................... C - .J /Ile . Postcards none P r�� o per NOTICE OF PUBLIC HEARING POLICY - SALE OF SURPLUS PROPERTY TO rRE RFC PATTON & PARXS PROGRAM NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible, on Monday the 4th day of May , 19 70 , for the purpose of. xtg holding a public hearing on policy concerning the sale of Recreation and Parks properties that have become surplus to the program. All interested persons are invited to attend said hearing and express their opinions for or against said public hearing Further information may be obtained from the Office of the City Clerk. DATED: 4/7/70 CITY OF- HUNTINGTON BEACH By: Paul C . Jones City Clerk /o • HOME COUNCIL . P.O. Box 1601 Huntington Beach, California 30 April 1970 Honorable Mayor and City Council City of Huntington Beach P. O . Box 190 Huntington Beach , California 92648 Dear Mayor and City Council : The HOME COUNCIL at its April 29th meeting reviewed the proposed policy concerning the management of recreational and park proper- ties . After considerable discussion the HOME COUNCIL passed the following motion : THE HOME COUNCIL REQUESTS THE CITY COUNCIL TO NOT APPROVE THE PROPOSED POLICY . The following reasons were among the many .brought out in the heated discussion on this proposed policy: [1 ] The City has no surplus park property as required by Article 10 of the proposed policy. [2] Selling land to one special interest group will establish a dangerous precedent for selling parkland to every special interest group in the city now and those yet to come . .d [3] The City , in effect , would be subsidizing the special inter- est group effected by the probable increase in maintenance cost of the adjacent park land . [4] The park land in question at this time was sold to the city specifically for park purposes and not to sell to special interest groups . [5] If it is determined that park land should be sold then the original owner should have the the option of first refusal or the land should be put up for competitive bids . It should not be deemed by this action that the HOME COUNCIL is opposed to any special interest group or that the HOME COUNCIL opposes the City aiding any special interest group serving a useful and beneficial function to the community , but not at the expense of OUR VERY NECESSARY PARK LANDS . Respectfully Submitted Cris C . Cris , Secretary � r - RECEIPT FOR CERTIFIED MAIL-300 SENT TO POSTMARK OR DATE 00 Mr. Burgan Pdobate Admin. VJ STREET AND NO Gates Estate - O M P.O. Box 838 - Co. Clerk P O.,STATE,AND ZIP CODE Santa Ana CA 92702 -�" W EXTRA SERVICES FOR ADDITIONAL FEES Return Receipt Deliver to s Show to whom Shows to whom, Addressee Only and date date,and where A delivered delivered [:].50¢fee. - �`( ❑ 10¢fee ❑ 35¢fee POD Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Mar.1966 NOT FOR INTERNATIONAL MAIL 1. Stick postage stamps to your article to pay: BASIC CHARGES OPTIONAL SERVICES Certified fee-300 Return receipt(100 or 350) Postage(first-class or airmail) Deliver to addressee only-50� Special delivery 2. If you want this receipt postmarked, stick the gummed stub on the left portion of the ,,,you side of the article, leasing the receipt attached, and present the article at a post office 'Cerviee window or hand it to your rural carrier. (no extra charge) 3.&'If you do not want this receipt postmarked, stick the gumrged stub on the left portion of ;he address side of the article, detach and retain the receipt, and mail the article. 4. if you.want a return receipt,write the certified-mail number and your name and address on I a return receipt card,Form 3811,and attach it to the back of the article by means of the gummed ends,, Endorse front of article RETURN RECEIPT REQUESTED. (Fees-100 or 350.) 5. If you want the article-delivered.only to the addressee,endorse it on the front DELIVER TO ADDRESSEE ONLY. (Fee—SO¢). Place the same endorsement in line 2 of the return receipt card. 6. Save this receipt and present it if you make inquiry. - ' O GPO:1966 0-216-700 POST OFFICE DEPARTMENT PENALTY FOR PRIVATE USE TO AVOID OFFICIAL BUSINESS PAYMENT OF POSTAGE.S300 c POSTMARK OF ^ r� DELIVERING OFFICE ' t•/ Apt .��. INSTRUCTIONS: Show name and address below and complete instructions on other side, where applicable. Moisten gummed ends,attach and hold firmay to back p( of article. Print on front of article RETURN RECEIPT REQUESTED. TO" a NAME OF SENDER Paul C. Jones, City Clerk City of H B. M STREET AND NO.OR P.O. BOX e P.O. BOX 190 L. 0 POST OFFICE,STATE,AND ZIP CODE d Huntington Beach CA 92648 INSTRUCTIONS TO DELIVERING EMPLOYEE ❑ Show to whom, date,and Deliver ONLY address where delivered ® to addressee (Additional charges required for these services). RECEIPT Received the numbered article described below. REGISTERED NO. SIGNATURE OR NAME OF ADDRESSEE(Mast always befilkdits) CERTIFIED NO. 1 643698 a SIGNATURE OF ADDRESSEE'S AGENT,IF ANY INSURED NO. DATE DELIVERED SN W ERED(oalyi ed) a aro ' C, PO - i� ;• `.+Yat,rSi.•.._.:�_1+-+..:-__. ..:•�i.".:.._�t�.-..�..=.eL:L_t.�.....__ �I..vi��R��'.i'.v"r'�1+_��rais . ) U STATEMENT. OF -THE ACTION OF .CITY COUNCIL A v it Council Chamber, City Hall Huntington Beach, California Monday, May 4, 1970 Mayor `S.hipley '.called the regular meeting of the City Council of the City of. Huntington. Beach to order at 4:30 P.M. tbuncilmen .Presen_t: Green, Bartlett', McCracken, Gibbs , Matney, Coen, Shipp Councilmen Absent: None . �r�Ihk�F�Ir�r�irAnk�Ar�r�lr�Jlr�lrk�4•k*k�r�k�r�k�k*Jr PUBLIC .'HEARING - SALE OF SURPLUS PROPERTIES Mayor -Shipley' announced that this was the day . and hour set for a public hearing- on policy concerning the sale of Recreation and Parks properties that have 'becomeisurplus: to the program. -The Clerk informed;Council that all legal requirements for notification, _ publication end posting on said public hearing had been met and that- he 'had- received a communication from Mr. Richard Collato, Executive Director of .the YMCA, 17931 Beach Boulevard, City, requesting that they be per- mitted to question Council on various items concerning .this proposed policy The -lerk reed the' communication from the Executive Director of the YMCA. 4ayor Shipley, declared the hearing open. Mr; Al Klingenamith,. President of the Boys Club of Huntington Beach f addressed ,Council and gave reasons why he believed Council should adopt the proposed- policy for- sale of surplus Recreation and Parks properties . _ _ ;; Mr. Ronald Bauer, President of the Recreation and Parks Commission, stated that -he favored the adoption of this policy based on a study performed by aAecreatibn- and Parks. Committee which determined that policy such as this would- bi..-valuable to the progress of the City's recreational needs . - Mr.`Rob$rt Din �. all President of the Home Council addressed Council and + . ` etated'&Ids concern,that adoption of this policy may set a precedent not anticipated`by° 0i ty. Mr. Jay. 1 + 'Recreation and Parks Commissioner, addressed Council : 77 and'' stated_ :thet.he' would like to see guidelines set forth to clarify procedure for:. organizations making similar requests of -the City. Mr:_. . Robert '..Sutake,_. 6012 Annette Circle,. City, addressed Council regarding. the -..effect which -the location of the building would have on the surrounding area, and. Suggee ed`-that sale' of only one half acre of park land would be sufficient for .the_ needs of the Boys Club. There being:.:no one farther :present to speak on the matter and there being no. protes.ts filed the hearing was closed by the Mayor. Considerable discussion was held by Council regarding this matter. On:motion by McCracken,Council adopted the. Policy for the. Management of Recreational and Park Properties with the stipulation .that said policy be'-.amended- to include the provision that the City retain maintenance. con- trol atid that. .the _landscaping shall be compatible with the design- and ..landscaping of -the parksite and shall be approved by the Recreations and Parkt.'- ommission and City Council. Motion carried. > F'z •:� n } A motion was .made. by Coen_ to authorize the Mayor and City Clerk to execute an Agreement of' Sale with the Boy's Club of Huntington Beach for -a parcel of .property located on Springdale Street at or about the inter= section of Heil Avenue, consisting of approximately one acre and the con- figuration to be determined by negotiation and approved by the Recreation and Parks'- Commission and the City Council, as amended. When put to a vote .the motion was unanimously passed. ' �k�k�k*lirk�lrk�ltile**�k9hk�r*�c�k�k�Ink9le�Ifrh9c�c�Hc�kk�r�k�lr�k�c�c**�c�k -. -On mo,tton by Shipley the regular meeting of the City Council of the City of-Huntington -Beach adjourned at 1:25- A.M. Motion- carried. Paul C . Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Donald D. Shipley ATTEST: Mayor Paul C . Jones City .Clerk -` STATE OF CALIFORNIA ) _ .County- of Orange ) ss City of Huntington Beach) I, PAUL C. -JONES, the duly elected, qualified and acting City Clerk of the City of Huntington' Beach, California, do hereby certify that the. above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on ' the 4th day of 'May, 1970 WITNESS my hand and ,seal of the said City of Huntington Beach_ this the 6th. day of May, 1970. City Clerk and ex-officio Clerk of the City Council -of the City. of Huntington Beach, California BY: Deputy UJ. J�"j�vz�lrl CITY OF HUNTINGTON BEACH CA..1 5-61 COUNCIL ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH To Honorable Mayor and From, City Administrator` City Council Members Subject PROPOSED RESOLUTION FOR THE Date October 1 , 1975 USE OF LIBRARY. MULTIPURPOSE ROOMS - =RESOLUTION 4142 Attached is Resolution No. 4,142 governing the use of the multipurpose rooms in .the new Library. The proposed Resolution meets .with .the approval -of. the Library Board and the Office of the City Attorney has. approved as to form. RECOMMENDATION: Approve Resolution No. 4142 Respectfully submitted, A David D. Rowlands City Administrator DDR:PJ s RESOLUTION NO. 4142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REGULATING USE OF CULTURAL CENTER MULTIPURPOSE ROOMS, AND ESTABLISHING FEE IN CONJUNCTION WITH SUCH USE The City Council of the City of Huntington Beach does hereby resolve as follows : SECTION 1. The cultural center is a public facility erected by and at the cost of the people of this city to serve the needs of the community . Use of the multipurpose rooms should be encouraged and subject to regulation with reasonable fees charged for specific types of activity . SECTION 2. The Library Director shall be responsible for the implementation of provisions of this resolution, shall receive and process all applications , collect all fees , and issue permits for use of the multipurpose rooms as provided herein. SECTION 3. Any person desiring to use the multipurpose rooms of the cultural center shall make an application to the Library Director upon the application form furnished by the Library Director. SECTION 4. The Library Director shall allocate priority of use as follows : a. First priority shall be given to library-sponsored or co-sponsored activities . There shall be no charge for such use; b. Second priority shall be given to nonprofit organiza- tions of cultural, scientific, educational , or civic service, which are based in the city of Huntington Beach . There shall be no charge to such organizations for use prior to 9 : 00 p .m. of any day . After 9 : 00 p.m. , there shall be a charge of Ten Dollars ($10.00 )* per hour for each hour or portion thereof; C. Third priority shall be given to activities of . Huntington Beach residents , where such activities are for the JOC: er 1. 7 benefit of residents of the community . The charge shall be Fifteen Dollars ($15 . 00 ) for each three ( 3) hour session or portion thereof; d. Fourth priority shall be given to commercial business or profit-making activities located in the city of Huntington Beach. The charge shall be Fifty Dollars ( $50 .00) for each three (3) hour session or portion thereof; e. Fifth priority shall be given to nonresident , commer- cial, business or profit-making activities located outside the city of Huntington Beach. The charge shall be Fifty Dollars ($50 .00) for .each three (3) hour session or portion thereof; f. , Sixth priority shall be given to private social functions . The charge shall be Fifty Dollars ($50 .00) for each three (3) hour period or portion thereof. SECTION 5 . The Library Director shall allocate reserva- tions in the following manner: a. Maximum period of reservations for consecutive monthly meetings is one year; b. Maximum period of reservation for meetings held weekly is three (3) months; C. Maximum period of reservation for meetings held daily is six (6) days ; d. Upon written request ,justifying the necessity for reservations beyond those specified in a, b or c, the Library Director may extend the maximum periods provided herein. An appeal from the decision of the Library Director may be taken to the Library Board. SECTION 6 . The application for use of the multipurpose rooms shall be accompanied by a deposit of not less than Twenty Dollars ($20 .00) . Such deposit shall be returned to the applicant if no breakage or damage is caused by use of the facility. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at / an ad meeting thereof held on the 14th 2. day of October, 1975 . ATTEST: Mayor PRO TEM 07 City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: . City Administrator City Attorne l� 3 . Rt No. 4142 STA7'K OF CALIFORNIA ) COUNTY OF ORANGE ) Be: 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 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular adjourned meeting thereof held on the 14th day of October 19 75 by the following vote: AYES: Councilmen: Wieder, Bartlett, Coen, Shipley, Duke NOES: Councilmen: None ABSENT: Councilmen: Gibbs ABSTAIN: Matney City Clerk and ex-.officio Clerk of the City Council- of the City of Huntington Beach, California 8 7 �• ! CITY OF HUNTINGTON . BEACH. CA 74=117 COUNCIL ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH - To Honorable Mayor and From City Administrator City Council` Subject BUDGET CONTROL RESOLUTION Date December 2 , 1974 (NO. 3993)- 'At the direction of Council , transmitted herewith is Resolution #3993 relating to budget control. The title was changed from "Fiscal. Res- ponsib city"* to :'.Budget. Control" in order to avoid confusion- with the st.ate ."Financial Responsibility" laws which are on an *entirely differ- ent subject.. Furthermore., it was felt that "Budget.-Control:" is per- haps more' accurately -,d.escriptive of the 'purpose of this Resolution. The. Resolution was - dr.a-fted to. conform- with the suggestions made .by Council and the Economic Advisory Commission. The budget control reso- lution 'will form one part -of the "Council .Rules� and Regulations Manual" which is in preparation. by the City Attorney' s Office. RECOMMENDATION: -Approve Resolution #3993. Respectfully submitted, David D. Rowlands City Administrator .. DDR:.p I Ste. R w�� C�rrJ 2 3� RESOLUTION NO. 4184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR PROCESSING TENTATIVE, FINAL AND PARCEL MAPS BE IT RESOLVED by the City Council of the City of Huntington Beach that the following fees shall be charged for the processing of tentative, final and parcel maps . SECTION 1 . TENTATIVE OR TENTATIVE PARCEL MAPS PROCESSING FEE. Every person submitting a tentative map to the Planning " Department shall pay a processing fee in the following amounts : (a) For subdivisions of four (4 ) or less parcels : $ 75 (b) For subdivisions of five (5 ) or more parcels : $ 250 If additional lots or acres are added before processing of the map is completed, the fee shall be increased in accord- ance with the revised map . If a revised map is substituted for an approved or conditionally approved map, an additional fee equal to one-fourth the original fee shall be paid for processing the revised map . SECTION 2 . FINAL MAP PROCESSING FEE. The subdivider shall, at the time of submitting the final map to the Planning Department , pay to the city a processing fee of One Hundred Fifty Dollars. ($150. 00) . SECTION 3 . PARCEL MAP PROCESSING FEE. The subdivider shall, at the time of submitting the parcel map to the 'Public Works Department , pay to the city a processing fee of Fifty Dollars ($50 . 00) . BE IT FURTHER RESOLVED that Resolution No . 4047 is hereby repealed . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th 1 . 'JOC : er day of January, 1976 . ATTEST: i. Mayor City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: City Administrator � j Cit Attorn 2 . RE No. 4184 STATE OF CALIFORNIA ) (:OI1N'1'Y OF ORANGE ) as: CITY OF HUNT INCT ON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Cierk 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 19th day of January 19 76 by the following vote: AYES: Councilmen: Bartlett, Coen, Shipley, Duke, Gibbs NOES: Councilmen: None ABSENT: Councilmen: Wieder, Matney City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 4183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR PUBLIC WORKS DEPARTMENT CHECK OF PLANS FOR PUBLIC RIGHTS OF WAY IMPROVEMENT REQUIRED BY DEVELOPERS BE IT RESOLVED by the City Council of the City of Huntington Beach that a fee of Thirty Dollars ($30) per sheet shall be charged for checking of improvement plans submitted to the Department of Public 'Works for improvements to be constructed in the public right of way. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of January, 1976. ATTEST: Mayor City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: kJlo•�,�-�Q , City Administrator City A torne JOC : er fl F, No. 4183 STME' OF CALIFORNIA ) k COUNTY OF ORANGE 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 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 19th day of January 19 76 , by the following vote: AYES: Councilmen: Bartlett, Coen, Shipley, Duke, Gibbs NOES: Councilmen: None r; ABSENT: Councilmen: Wieder. Matnev - City Clerk and ex-officio Clerk of the City- Council of,the City of Huntington Beach., -Ca-rifornia RD �/q 7� April 2, 1975 TO: Mayor and City Council FROM: City Administrator SUBJECT: Insurance Liability Limits Ordinance The attached ordinance amends various sections of the Huntington Beach Ordinance Code to increase the liability insurance limits in compliance with Resolution No.. 4013 requiring $1,000,000 combined single limit for occurrence . Respectfully submitted, DAVID D . ROWLANDS City Administrator DDR: cs Attachment I X� n i. DH - 75-34� , CITY OF HUNTINGTON BEACH ADMINISTRATIVE COMMUNICATION 111 W 1INCION BEM 11 - To All Department Heads From City Administrator Subject SUBPOENA FEES Date August 8 , 1975 Please inform all City employees that when they are served with a subpoena• related to City business they should ask for the pre- scribed witness fees of 20� per mile one way, plus $12 per day. Witness fees are mandatory by law in civil cases , but they must be asked for. Recently, one City employee asked for witness fees and the City received $22. A fellow employee failed to ask and the City received nothing. Employees receiving such fees must turn them over to the City Treasurer. If the trip to the courthouse is not made, then the check must be returned to the party who subpoenaedthe witness. If an employee is not sure what to say or ask for when subpoenaed he or she should call the City Attorneys -.office for direction prior to accepting the subpoena. Witness fees are mandatory in civil cases if asked for. They are not mandatory in criminal cases; they are optional with the judge of the Superior Court and not permitted. in the Municipal Court. David D. Rowlands City Administrator DDR/fru �g— J, ' CITY OF HUNTINGTON BEACH ADMINISTRATIVE COMMUNICATION HI NIINCTON BEACH - - - - To Executive Management Team From City Administrator Subject COPY MACHINE PROPOSAL Date August 8, 1975 In order to effect economies in our copy machine operation, I am enclosing a Copy Proposal which has been developed by the research section of the Administrator' s Office. Please review this proposal Prior to the next Executive Management Team meeting which is. scheduled for August 13th, at Noon. Bids will be received for new copy equipment in the near future and I feel that whole operation can be improved considerably since the present operation has been loosely supervised and organized. We should be able to effect economies of a minimum of $30 ,000 to $40,000 annually with the implementation of this program. If you have any suggestions how to "tighten up" further on this oper- ation, I shall certainly be looking forward to your comments on Wednesday. David D. Rowlands City Administrator DDR:p AugZ-c 8 , 1975 COPY PROPOSAL I. Placement of Equipment A. Civic Center Complex Two machines will be placed in main building (one in Central Services and one for the Clerk' s Office) . Two others will be in Police (one in Records and one in Administration) . The Central Services and Records machines must be high volume and top quality. B. Outside Civic Center No machines will be placed outside the Civic Center complex. The only exceptions will be the public service system of the Library and the Joint Powers machine. These units are to be charged on accounts other than that of the .Civic Center equip- ment. II . Delivery of Copies A. Inhouse 1. Regular Regular copy runs will be made every two hours throughout the Civic Center to pick up and return copies. Items to be copied will be placed in a special envelope to be placed in the mail basket of the department . The runner will take the masters to Central Services , duplicate them and return them on the next run. 2. Special Special "emergency" requests (to be limited as to number of copies) will be allowed. Representatives of requesting units can take masters to . Central Services and have them reproduced while they wait . B. Outside 1. Regular The mail clerk will pickup and deliver copy requests to outlying city offices three times each day. She will pick up at 10 : 00 AM, return and pick up at 2 : 00 PM, and return at 4 : 00 PM each working day. 2. Special Emergencies outside the Civic Center will be handled as in A2 above. - 2- III . Order Forms All copy requests must be accompanied by order forms . These forms (yet to be designed) will include proper identification information to allow for proper service and accounting. IV. Rules of Operation A. Number of Copies A copy request requiring fewer than ten reproductions per master will be run on a copy machine. Ten or more copies will be run on a duplication machine . B. Operational Procedure 1. Central Services Equipment No one except the Central Service staff will be allowed to operate the machinery. A counter with a locked gate will be placed in Central Services to bar the physical entrance of others than the staff to the room. 2. Other City Equipment Employees of other City departments will be banned from using the equipment in the Police Department and the City Clerk' s Office. Equipment outside Central Services is for the exclusive use of the department in a public service role. V. Special Problems A. Central Services Breakdown In the event of equipment failure in Central Services , the Clerk' s machine will . be used for backup while repairs are underway. The copy runner will bring "under ten" copy requests to the Clerk' s Office where they will be reproduced and accounted. B. Confidential Copy Confidential copy will be brought to the Clerk' s Office where, under the supervision of a staff member from that office , a representative of, the department requesting con- fidence will be allowed to run a limited number of copies . It is assumed that a "confidential document" will not require a large number of units . RESOLUTION NO. 3993 r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH IN REGARD TO BUDGET CONTROL WHEREAS, the purpose of this resolution is to insure responsible fiscal .control of unbudgeted items presented to the City Council in the form of ordinances , resolutions, minute actions,. appropriations, orders for the payment of money, and any means whatever by which the Council is able to act , and where such action .shall or may have an impact upon the budget. The basic assumption underlying this resolution is that informed and intelligent action must be preceded by and based upon fiscal data and information, and upon an understanding and appreciation of the impact of such action upon the budget . It is recognized that .an integrated and orderly budgetary process requires a budget in balance and that any action of the City Council that shall or may disturb or affect such balance must be preceded by thorough study and analysis . Where unbudgeted expenditures are authorized by the City Council, it is and. shall be the policy of the city that adequate provision must first be made for the funding of such proposals through the budgetary process to the end that the budget be and remain in balance . It is a policy of the City of Huntington Beach that the Council shall not create a deficit in . the city' s budget by any action of the Council. This statement constitutes the official policy of the City of .Huntington Beach. NOW, THEREFORE, BE IT RESOLVED by the City Council of the .City of 'Huntington Beach as follows : SECTION 1. ACTIONS TO UNBALANCE BUDGET PROHIBITED. The City Council shall not take any action whether by adoption of ordinance, resolution, minute action, appropriation, order for the expenditure of money, or otherwise, which will result in anticipated expenditures for the current fiscal year exceeding the total of anticipated revenues for the current fiscal year plus all other available funds . DPB:K I . 11/27/74 -- SECTION 2 . FINANCIAL ANALYSIS REQUIRED. The City Admin- istrator with the assistance of the staff shall prepare and transmit to the City Council, together with any ordinance, resolution, appropriation, request for order of expenditure of money, or any other request for action which is not funded in the current fiscal year' s budget, a detailed financial analysis of the proposed action, giving the impact , both positive and negative , upon the city 's budget . A cash flow time analysis shall be included to compare proposed cash outlay timing with cash receipt schedule from the revenue source proposed. Such analysis shall be contained in a report entitled, "Financial Impact Report . " SECTION 3. REVIEW BY ECONOMIC ADVISORY COMMISSION. The Economic Advisory Commission shall meet prior to each regularly scheduled City Council meeting, shall review the Financial Impact Report , and shall prepare and transmit to the City Council its own report and recommendation which shall accompany the Financial Impact Report as it is transmitted to the City Council. SECTION 4. REVIEW OF FINANCIAL IMPACT REPORT BY CITY COUNCIL REQUIRED FOR UNBUDGETEb ITEMS. The City Council 'shall not. adopt any ordinance , resolution, appropriation, .order for payment of money, minute action or any other action, without first reviewing the Financial Impact Report, the report and recommendation of the Economic Advisory Commission, and without first making adequate provision for the funding necessary to support such action and to .keep the budget in balance . The provisions contained herein shall apply to unbudgeted items and to items which cost more money than the amount budgeted for such items . SECTION 5. AMENDMENTS TO BUDGET. Whenever during the fiscal year, anticipated revenues fall below projections, the Finance Director shall transmit to the City Council ,proposed amendments in the city' s budget. which will bring the budget into balance, so that no deficit shall be created or maintained. 2. SECTION 6 . This resolution shall not apply to any proposed unbudgeted expenditure less than Five Hundred Dollars ($500) unless such proposed expenditure may reasonably be expected to result in other related or continuing expenditures . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular adjourned meeting thereof held on the 9th day of December, 1974 . ATTEST: Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: a z City A torney City Administrator 3. Re Vo. 3993 STATE OF CALIFORNIA ) COUNTY OF ORANGE � . CITY OF HUNTINGTON BEACH ) r, 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 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said- City Council .at a regular adioj ned meeting thereof held on the 9th day of December , 19 74 by the following vote: AYES: Councilmen: Shipley, Gibbs, Matney, Wieder, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Bartlett City Clerk and ex-officio Clerk of the City .Council of the City of Huntington Beach, California r v F'7 .gam RESOLUTION NO. 4072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE CITY COUNCIL LEGISLATIVE ANALYSIS COMMITTEE AND EMPOWERING SAID COMMITTEE TO EXPRESS THE CITY COUNCIL' S POSITION ON PENDING STATE LEGISLATION The City Council of the City of Huntington Beach does resolve as follows : The City Council of the City of Huntington Beach desires to express its opinion on matters of . importance to this city on pending and future proposed legislation; and The City Council Legislative Analysis Committee is established, consisting of three ( 3) members of the City Council to. be appointed by and serve at the pleasure of the Mayor. Said committee is empowered to review all pending and future proposed state legislation affecting the City of Huntington Beach. The committee is to report on all such legislation of import to the Council as a whole for discussion and vote as to the City ' s position, except in that circumstance where the legislation concerned is to be heard or acted upon by the state committee considering same prior to a regularly scheduled Council meeting. In such instances , the Council empowers the committee to act on its behalf after an attempt to poll the entire Council has been made by telephone . PASSED AND ADOPTED by the City Council of the City. of Huntington Beach at a regular meeting thereof held on the 5th day of May, 1975. ��. ATTEST: Mayor City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: CC: cs City Administrator City Attorne CITY OF HURITINCTON BEACH CA 7 7-93 �., COUNCIL-ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH To. Honorable Mayor 'arid From Floyd G. Belsito City Council City. Administrator Subject PROCEDURES FOR. BOARD AND Date July 12 , 1977 COMMISSION APPOINTMENTS The following procedures for Council appointments and reappoint- ments to Boards and Commissions are proposed for adoption. into the Council Guide : 1 . All requests for appointment -or reappointment shall be on the prescribed application form. 2. Council. as a whole may. -review applications, or appoint a committee of Council -members to review applications . 3. If Council or committee desires more .applications than those received, they, may -request that an additional press release be -give.n* to newspapers : 4 . Council or committee may screen applications and inter- view only a portion- of the applicants ; or committee may screen applicants .for interview with Council : S . Applicants interviewed Will 'be rated numerically. 6. The Council will appoint the new members or reappoint members already serving-. 7 . When varying terms of office are desired for a new Commission, a lottery system shall be used to determine which appointees will serve which term. RECOMMENDATION: Adopt these procedures to be included in the Council Procedural Guide. Respectfully submitted, 4loyd G Belsito City A ministrator FGB :bb F, :T CITY OF HUNTIN( N BEACH Date 1.- 10/31/74 TO Alicia, City Clerk -ROM Anne B. XX FOR YOUR INFORMATION NOTE AND FILE NOTE AND RETURN PREPARE REPLY FOR ATTACHED (MY SIGNATURE) REPLY DIRECT, SENDING ME A COPY INVESTIGATE AND REPORT IN ACCORDANCE WITH YOUR REQUEST PLEASE CIRCULATE READ ITEM ON PAGE AND RETURN ABEYANCE FILE FOR NOTE AND SEE ME ABOUT THIS SEND FOR ITEM MARKED 'X' APPROVE AS TO FUNDS HANDLE TO CONCLUSION RETURN WITH COMMENTS OR RECOMMENDATIONS CUT ITEM MARKED 'X' AND RETURN RUN COPIES AND RETURN RUN COPIES OF ITEM MARKED 'X' AND RETURN Would you like to file the attached wh erever you wou i e such things in case of future reference? A4A�� PP 18 July 1968 T0: City Council Acting City Administrator City Attorney FROM: Alvin M. Coen, Mayor SUBJECT: Statement of Policy and Instruction From time to time a councilman discusses municipal legal matters with the City Attorney, or requests him to prepare and send to the councilman a letter-opinion, concerning such matters . The City Attorney has requested an instruction as to the person or persons entitled to receive copies of correspondence from the City Attorney to a councilman. The City Council, in executive session on 15 July 1968, adopted the following statement of policy and in- struction to the City Attorney regarding such matters : 1. Oral communications between individual Councilman and the City Attorney concerning municipal legal matters shall not be com- municated by the City Attorney to the City Administrator or the Council, except as directed by such individual Councilman. 2. Written communications from the City Attorney to a Councilman concerning municipal legal matters shall be transmitted by the City. Attorney to the Council, and shall not be transmitted to the City Administrator by the City Attorney . However, such communication shall be transmitted to the City Administrator by the City Attorney upon the direction of the Councilman concerned. DATED this 7 IAx Ly of July , 1968 at Huntington Beach ali- fornia. V ALVIN M. COBN, Mayor /- 147& • POLICE DEPARTMENT City of Huntington Beach P.O.BOX 70 • 2000 MAIN STREET,HUNTINGTON BEACH,CA.92648 TEL:(714) 536-5311 EARLE ROBITAILLE Chief of Police TO: HONORABLE MAYOR AND I �� CITY COUNCIL MEMBERS v\ FROM: EARLE W. ROBITAILLE Chief of Police RE: MODIFICATION OF RESOLUTION 4390 DATE: MAY 2, 1977 ATTN: MR. FLOYD BELSITO City Administrator Resolution 4390 as approved during the regular meeting held on the 20th day of December 1976, sets certain fees for services and materials for copies of public records provided the general public. Contained therein are prices for fingerprinting school applicants and other individuals requiring fingerprints for certain permits and licensing practices. ►f�' Two of the fees charged are for the fingerprinting, and processing of fingerprints which will then be forwarded to the State of California, Department of Justice. Because of the increased cost associated with the taking of prints, and changes in the Department of Justice regulations which now require higher reimbursements to the state, it is advisable ' to modify the resolution, passing the cost onto the applicant. It is therefore recommended that Resolution 4390 be revised as follows: $12. 00 For fingerprinting school applicants ($5. 85 shall be retained by the city, and $6. 15 be sent to the State Department of Justice, Bureau of Identification, as per California Education Code Section 13588) . $ 6.00 For fingerprinting each person who does not reside within the city boundaries. Respectfully, EARLE W. ROBITAILtE Chief of Police EWR:MCB:skd —Address all communications to the Chief of Police — G� � } RESOLUTION NO. 4460 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING .CHARGES TO BE LEVIED BY CITY OFFICES FOR PROVIDING COPIES OF PUBLIC RECORDS, AND REPEALING RESOLUTION N0. 4390 i i WHEREAS, city offices from time to time are. requested to make copies of public records for members of the general public; and There is occasioned to the city a cost for the making of said copies; and Costs of preparation . have increased and it is the desire of the City Council to establish- reasonable fees to recover i the costs of making said copies, NOW, THEREFORE, BE IT RESOLVED by the .City Council of the City of Huntington Beach as. follows: - SECTION 1. The following fees and charges shall be col- lected by all city departments : i $12. 00 for fingerprinting. school employee applicants ($5 .85 shall be retained by the city and $6.15 sent to the State Department of Justice, ,Bureau of Identification, as per California Education Code Section 13588) . $ 6. 00 for fingerprinting. each person who does not reside within the city boundaries. $ 1 . 50 per page for each duplicate copy made of a. police report . $ 4 . 50 for duplicate copies of each traffic accident report when such report consists of less than seven (7) pages. Any duplicate copies of reports consisting of seven (7) or more pages shall cost $4 .56 for the first six (6) pages, and $l per page for each additional page. $ 3. 00 for each set of photo contact prints of collision scenes. $ 5. 00 for each 8" x 10" black and white photo enlargement -of collision scenes . MT:ahb 1. $ 7. 00 for each 8" x 10" color photo enlargement of col- lision scenes . s $ 2. 00 for each 4" x 5" photo contact or enlargement of collision scenes. $ . 10 For duplicate documents from copy machine - per page of letter and legal size sheets . $ . 25 for Department. of Public Works City Fire Maps. $ 1. 00. for duplicate documents from microfilm - per page. $ . 10 per printed page (a leaf may contain two (2) pages) of Huntington Beach Ordinance Code and Huntington Beach Municipal Code. $45.00 for the Huntington Beach Ordinance Code and Huntington Beach Municipal Code. $20. 00 for annual, renewal, January 1, Huntington Beach Ordinance Code and Huntington Beach Municipal Code. $25. 00 for Huntington Beach Ordinance Code or Huntington Beach Municipal Code. } $15 .00 for annual renewal, January 1, Huntington Beach Ordinance Code or Huntington Beach Municipal Code. $12. 00 for Sectional District. Map Book, Section 9061, Huntington Beach Ordinance Code (mailing for one year) . $ 7 . 50 for annual renewal, January 1, Sectional District Map Book, Section 9061, Huntington Beach Ordinance Code. $15. 00 for Council minutes subscription per year, annual renewal, July 1. $15 . 00 for Council agenda subscription per year, annual renewal, July 1. $15 . 00 for Planning Commission. minutes subscription per year, annual renewal, July 1. $15. 00 for Planning Commission agenda subscription per year., annual renewal, July 1. Base maps of the ' city shall be sold at the following rates : 2. ,. $ 1. 75 24" x 26" each. ` $ 4 . 00 48" x 52" each. $ 5. 00 42" x 62" each. $ 1 .50 24" x 36" each blueline print, first copy; 50 cents for each additional copy. $ 2. 00 24" x 36" each linen. I $ 10. 00 Public Works standard plans. SECTION 2. Where a copy of a public document which is not i covered by this resolution is properly requested by .any person, the city official who has custody _of such. document shall charge and collect a fee, therefor., which fee .shall reasonably reflect the cost of the production of the copy of such document as de- termined- by that city . official .with the approval of the City Administrator. SECTION 3. The charges made by this resolution shall not apply to copies requested by or for city offices or employees for the conduct of city business . SECTION 4 . Resolution No. 4390 is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of May , 1977. Mayor ATTEST: APPROVED AS TO FORM: Clit C ty A oVVED. m T REVIEWED AND APPROVED: INITIATED AND AP 2 CitLyA dministrato 3 . Ra'� No. 4460 S'l'ATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) .,w I, ALICIA M. WENIVORTH, 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 resolution was passed and adopted by the affirmative vote of. more than a majority of all the members of said City Council at a regular meeting thereof held on the 16th day of May 19 77 by the following vote: AYES: Councilmen: Bartlett, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: Councilmen: None ABSENT: Councilmen: Wieder Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California • _ 1195 fe CITY OF HUNTINGTOW AIC BEH /-�A . COUNCIL' - ADMINISTRATOR .COMMUNICATION -58 HUNTINGTON BEACH To Honorable Mayor and From. Floyd G. -Belsito, City Council Members City Administrator. Subject RESOLUTION N0. 'yyS3 Date April 250 1977 OVERNIGHT CAMPING FEES. Pursuant to Council' s action_,,at...its:-April ..18th :meeting on. the :request from the :Recreation &' Parks � Commiss on that Resolution, No. ' 4302 -be rescinded which e stab 1isfied !fees,: ,f:or 'the use of certain City parks for overnight camping,, attached:'is_.;Re.solution No.y4,1S3 This •Reso lution will accomplish such re, ind 6ht'- and,'' hopefully, alleviate the drastic. drop-off in- attendance :.whic:h has. resulted: RECOMMENDATION Adopt Resolution No.yV-<S rescinding Resolution No.. 4302. Respectfully submitted, loy ZGBe1s1toCity Aistrator Attachment RESOLUTION NO. 4453 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REPEALING RESOLUTION NO. 4302 . BE IT RESOLVED by the City Council of the City of Huntington Beach that Resolution No. 4302 and all resolutions in conflict ! - therewith are hereby repealed. _ i PASSED AND ADOPTED by the -City Council of the City of Huntington Beach at a regular meeting thereof held on- the 2nd day of May; 1977 . ATTEST: Alicia M. Wentworth Mayor rko 7G[hq . City Clerk Deputy City Clerk REVIEWED AND APPROVED. AS APPROVED AS TO FORM: INITIATING DEPARTMENT: r;004 ity Administrator City Att ne NO FISCAL IMPACT— FISCAL IM AC_'T FISCAL IM","! -- REQUIRES FINANCIAL IMPACT REPORT— _... /cs Re lo. 4453 STATE OF CALIFORNIA ) COUNTY OF ORANGE 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 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 resolution was passed and adopted by the affirmative vote of more than a majority of- all the members of said City Council at a regular meeting thereof held on the 2nd day of May 19 77 , by.-the following vote: AYES: Councilmen: Bartlett,- Wieder, Coen, Gibbs, Siebert, Shenkman NOES: Councilmen: None ABSENT: Councilmen: Pattinson . Alicia M. Wentworth City Clerk and ex=officio Clerk of the City Council of the City of Huntington Beach, California By yj Deputy City Clerk 7 Q �Onf one --P;N. 'B"n 'Vi —D 1 clm RESOLUTION NO. 4212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON. BEACH ESTABLISHING CHARGES TO BE LEVIED BY CITY OFFICES FOR PUBLISHING COPIES OF PUBLIC RECORDS AND REPEALING RESOLUTION NO. 3957 WHEREAS, city. offices from time to time are requested to make copies of public records for members of the general public; and There is occasioned to the -city a cost for the making of said copies; and Costs .of preparation have increased and it is the desire of �the City Council to establish reasonable fees to recover the costs of making said copies, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Huntington .Beach as follows : SECTION 1. The following fees and charges shall be collected by all city .departments : $10. 00 for. fingerprinting school employee applicants ($4. 95 shall be retained by the City and $5. 05 sent to the State Department of Justice, Bureau of C. I .I . , as per Section 13588 of the California Education Code. ) $ 5. 00 for fingerprinting each. person who does not reside within the city boundaries. $ 1. 50 per page for each duplicate copy made of a police report . $7. 50 for duplicate copies of each traffic accident report ( �1 when such report consists of less than seven (7) pages . JI Any. duplicate copies of reports consisting of seven (7) or more pages shall cost $7. 50 for the first six (6) pages and $1 per page for each additional page. $ 3. 00 for each set of photo contact prints of collision scenes. 1. /cs $ • 5. 00 for each 8" x 10" black and white photo enlargement of collision scenes . $ 7. 00 for each 8" x 10" color photo. .enlargement of collision scenes. $ 2. 00 for each 4" x 5" photo contact or enlargement of collision scenes. $ . 50 for duplicate documents from copy machine - per page of letter and legal size sheets . $ 1 . 00 for duplicate documents from microfilm - per page . $ . 20 per page of Huntington. Beach Ordinance Code, Division 9, and Huntington Beach Municipal Code. $45. 00 for the Huntington Beach Ordinance Code, Division 9, and Huntington Beach Municipal Code. $20. 00 for annual renewal, January 1, .Huntington Beach Ordinance Code, Division 9, and Huntington Beach Municipal Code. $25. 00 for Huntington Beach Ordinance Code, Division 9. $15. 00 for annual renewal, January 1, Huntington Beach Ordinance Code, Division 9. $15. 00 for Section District Map book, Section 9061, Huntington Beach Ordinance Code, Division 9. $ 7. 50 for annual renewal, January 1, Sectional District Map book, Section 9061, Huntington Beach Ordinance Code, Division 9 . $15. 00 for Council minutes subscription per year, annual renewal, July 1. $15. 00 for Council agenda subscription per year, annual renewal, July 1. $15 . 00 for Planning Commission minutes subscription per year, annual renewal, July 1. $15. 00 for Planning Commission agenda subscription per year, annual renewal, July 1. 2. Base maps of the City shall be sold at the following rates : $ 1.75 24" x 26". each $ 4 .00 48" x 52" each. $ 5. 00 42". x 62" each. $'- 1.50 24" x 36" each blueline print $ 4 50 201 x 36" each sepia $ 7. 50 24" x 36" each mylar. SECTION 2. Where a copy of a public document which is not covered by this resolution is properly requested by any person, . the. city official who has custody of such document shall charge and .collect a fee therefor, which fee shall ' reasonably reflect the cost of the production of the copy of such .document as determined by that city official with the approval of . the City Administrator.. .SECTION3. The charges made by this resolution shall not apply. to copies- .request.ed by or for city offices or employees for the conduct of city business . SECTI6N' 4 . Resolution No . 3957 is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 22nd day of r•Zarch, 1976. /17 ATTEST! ayo APPROVED AS TO CONTENT: APPRO D AS TO FORM: City Administrator C ty Attorne APPROVED BY, INITIATING DEPARTMENT: 74 3. Res'' No 4212 STATE, OF CALIFORNIA ) COUNTY OF ORANGE, ) as: CITY OF HUNTINGTON BEACH ) 1, ALICIA M. WENTWORTH, 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular aA�niirnad meeting thereof held on the na day of March 19 76 by the following vote: AYES: Councilmen: Anro ptt, MatnCy.. Duke, Gibbs NOES: Councilmen: None ABSENT: Councilmen: Wieder, Coen, Shipley City Clerk and ex-officio Clerk--",- of the City Council of the City of Huntington Beach, California City of Huntington Beach P.O. BOX 190 CALIFORNIA 92640 OFFICE OF THE CITY CLERK March 18, 1976 3 Lz -7 Honorable Mayor and City Council City of Huntington Beach Attention: David D. Rowlands City Administrator Subject: Charges to public for City documents Dear Council Members: Resolution No. 4212 consists of cost changes and new input for charges to the public for City documents. The departments responding to the memo requesting said changes and additions were the Police Department, Planning Department, Public Works Department and City Clerk's Office. Per page machine copy 2 costs shall apply to all departments in the City. It is recommended that your Honorable Body adopt said resolution. Yours very truly, Alicia M. Wentworth City Clerk AW • City of Huntington Beach P.O. BOX ISO CALIFORNIA 62648 �I OFFICE OF THE CITY CLERK July 9, 1976 Honorable Mayor and City Council City of Huntington Beach Transmitted herewith is Resolution No. 4277 repealing Resolution No. 4212 updating charges to be levied by City offices for pro- viding copies of public records. The cost changes on page 2 are being submitted to you upon the advice of the City Attorney's Office, pursuant to Section 6257 of the California Government Code. Sincerely yours, Alicia M. Wentworth City Clerk AMW:pr Enclosoure RESOLUTION NO. 4277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING CHARGES TO' BE LEVIED BY CITY OFFICES FOR PROVIDING COPIES OF PUBLIC RECORDS, AND REPEALING RESOLUTION NO. 4212 WHEREAS, city offices from time to time are requested to make copies of public records for members of the general public; and There is occasioned to the city a cost for the making of said copies ; and Costs of preparation have increased and it is the desire of the City Council to establish reasonable fees to recover the costs of making said copies , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1. The following fees and charges shall be col- lected by all city departments : $10. 00 for fingerprinting school employee applicants ($4 .95 shall be retained by the city and $ . 05 sent to the State Department of Justice, Bureau of C .I . I. , as per California Education Code Section 135$$) • $ 5.00 for fingerprinting each person who does not reside within the city boundaries . $ 1. 50 per page for each duplicate copy made of a police report . $ 7. 50 for duplicate copies of each traffic accident report when such report consists of less than seven (7) pages . Any duplicate copies of reports consisting of seven (7) or more pages shall cost $7. 50 for the first six (6) pages and $1 per page for each additional page . $ 3. 00 for each set of photo contact prints of collision scenes. 1. MT: ahb $ 5 .00 for each 8" x 10" black and white photo enlargement of collision scenes . $. 7. 00 for each 8" x loll color photo enlargement of col- lision scenes . $ 2.00 for each 4" x 5" photo contact or enlargement of collision scenes . $ .56Z0 for duplicate documents from copy machine - per page of letter and legal size sheets . $ . Z5 for Department of Public Works City Fire Maps. $ 1.00 for duplicate documents from microfilm - per page . $ .PQZO per printed page (a Zeaf may contain two (2) pages) of Huntington Ordinance Code, Division 9, and Huntington Municipal Code. $45 .00 for the Huntington Beach Ordinance Code, Division 9, and Huntington Beach Municipal Code . $20. 00 for annual renewal, January 1, Huntington Beach Ordinance Code, Division 9 , and Huntington Beach Municipal Code. $25. 00 for Huntington Beach Ordinance Code, Division 9 , or Huntington Beach MunicipaZ Code. $15. 00 for annual renewal, January 1, Huntington Beach Ordinance Code, Division 9 . $12.00 for Sectional District Map Book, Section 9061, Huntington Beach Ordinance Code, Division 9 (mailing for one year) . $ 7 . 50 for annual renewal, January 1, Sectional District Map Book, Section 9061, Huntington Beach Ordinance Code, Division 9. $15. 00 for Council minutes subscription per year, annual renewal, July 1. $15. 00 for Council agenda subscription per year, annual renewal, July 1. $15 .00 for Planning Commission minutes subscription per year, annual renewal, July 1. 2. $15.00 for Planning Commission agenda subscription per year, annual renewal, July 1. Base maps of the city shall be sold at the following rates : $ 1. 75 24" x 26" each. $ 4.00 48" x 52" each. $ 5 .00 42" x 62" 'each. $ 1. 50 24" x 36" each blueline print . $ 4. 50 24" x 36" each sepia. $ 7. 50 24" x 36" each mylar. SECTION 2. Where a copy of a public document which is not covered by this resolution is properly requested by any person, the city official who has custody of such document shall charge and collect a fee therefor, which fee shall reasonably reflect the cost- of the production of the copy of such document as de- termined by that city official with the approval of the City Administrator. SECTION 3. The charges made by this resolution shall not apply to copies requested by or for city offices or employees for the conduct of city business . SECTION 4. Resolution No. 4212 is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of July, 1976 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk ity Attor e M T. NO FISCAL IMPACT FISCAL IMPACT -- BUDGETED 3. FISCAL IMPACT -- NOT BUDGETED REQUIRES FINANCIAL IMPACT REPORT i. M. APPROVED AS TO CONTENT: APPROVED, INITIATING DEPARTMENT: Actin City Administrator 4 r..i:--w+.i - - -'.:..»...,.tie. ,--:.eww.:• .--:-u`u.rnr<..w;fw.. - — --ti.r-=:k-a..csa.Gss+...o._::..�- ;�'--`-- -... •-._._- .. 41 RESOLUTION NO. .4442 li. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTING.TON BEACH ADOPTING A . POLICY REGARDING ENERGY MANAGEMENT WHEREAS; ,energy sources are diminishing in our nation; and Conservation of energy resources and use is necessary and desirable* to assure essential .energy sources to our citizens and the . community ..and for maintenance of. the local economy, NOW, THEREFORE, BE IT RESOLVED by .the .City Council. of the City of Huntington Beach that it hereby adopts. the Energy Management Policy attached hereto and made part hereof. PASSED: AND ADOPTED by the. City Council of the City of ' Huntington. Beach at a regular meeting. thereof held on the day of April, 1977 . ATTEST: Mayor City Clerk INITIATED .AND APPROVED AS TO CONTENT.: APPROVED AS TO FORM: 01 Cit Administrator C y ttor y NO FISCAL IMPA_CT FISCAL IMPACT FISCAL IMPACT - �.:_ . L; ETE� REQUIRES FINANCIAL IMPACT REOORT /cs ;ti ENERGY MANAGEMENT POLICY March 15 ,- 1977 I . Background Until the comparatively recent past , residents and institutions of the City. - of Huntington 'Beach have enjoyed plentiful and in- expensive supplies of. energy. - It has become obvious over the past four. years , however, that energy supplies in currently usable forms are limited. Furthermore, available energy resources have become much more expensive. It is -recognized that adequate energy supplies are essential to the maintenance of the local economy and to the enjoyment of life by the citizens of the community. Therefore , it- is incumbent upon- the City government and the residents of the community to curtail the wasteful uses of energy, optimize legiti- mate uses of energy, and develop alternative energy resources . II Purpose In. order to regulate , influence, and participate in the optimum use of energy resources , the - City Council desires to set forth a general policy regarding energy consumption and resource develop- ment both. within the municipal government organization and the City at large. . III. -Categories of Resources It is recognized that the following -categories of energy resources are in diminishing supply: 1. Electrical power generated by various sources 2.. Natural gas 3. Petroleum products Furthermore, due to the significantly large amount of energy re- quired to .supply water to the community, water is deemed to be an energy resource. Conserving these resources and encouraging the development of alternate energy sources are the principle means by which the long range needs of the community can be met . It is also recognized , -._.t#h. i./.a. .a_ . s .__. v-.S .. �-......•.w....�..a.�. .e.. i.uLL'nl:_.V..L 1a..w..w. �.-n.... . _.-r ... -�..... .. .. . a .- . t` ENERGY MANAGEMENT POLICY -2- March 1S , 1977 however, that conservation .policies can only protect the interests of residents when integrated with policies that seek to encourage and maintain .economic stability and achieve frugal use of public funds and resources . IV. Energy Management Goals In order to- achieve the optimum management of energy resources , the City Council adopts the following policies : 1 . DIRECT. CITY ACT-IONS AND -OPERATIONS A. Legislation It is the policy of the City to support State and Federal legislation to. conserve energy, .while at the same time attempting to preserve the quality of life of the citizens of the City. Also, it is the policy of the City to support legislation which .would grant property tax relief on; and income tax incentives for, installations of systems , , and devices which use non- depleting energy sources . B. Civic Facility Construction - It. is the policy of the City that designs and specifica- tions for public facilities be evaluated and selected on' the basis of total lifetime costs of construction and operation and that such.specifications be reviewed continually so that the most current energy conservation techniques , materials , and appliances are utilized in their construction. C. Civic Facility Maintenance and Operation - It is the policy of the City that all its buildings will be maintained and operated in such a fashion that the minimum amounts of energy are consumed. Buildings should not be heated above 68 degrees - t ENERGY MANAGEMENT POLICY -3- March 1S , 1977 Fahrenheit , nor cooled to reduce the temperature therein below. 78 degrees- Fahrenheit . D. Purchasing - It is . the policy of the City that purchases of equipment , material , and supplies shall be evaluated for .long range potentials for .ene.rgy savings , along with initial cost , operating cost, and : end'-of.-life values . E. Vehicle Use and Operations - It is� the. policy of the City to purchase and utilize vehicles which effect the. 'maximum .use .of the full spectrum of the energy categories . .Operational managers shall be encouraged to maximize the benefit of transportation modes by planned routings , multiple passenger loading, and any other means possible of maximizing the numbers of people carried. f or. 'any given distance. F. Energy Budgeting' - It is the policy of the. City to establish and monitor energy related budgets, for the various City departments and activiti.es , , and to 'develop guidelines 'which will provide for the highes.t .level of efficient use of energy. G. Public Facility Lighting - I:t - is the policy. .of' the City to provide a safe level of lighting on the- streets and highways of the City, utilizing the most efficient energy consuming .fixtures that are available. Decorative- and accent .lighting which does not serve traffic or. pedestrian. safety shall be minimized. H. Objectives and. Sub Objectives - It is the policy of the City to establish, maintain , update , and issue through the City Administrator' s office specific courses of action. to achieve the policy objectives contained herein. ENERGY MANAGEMENT 'POLICY -4- March 1S , 1977 Z. INDIRECT CITY ACTIONS AND INFLUENCE - A. Development and Redevelopment - It:-is the policy, .of the City to require that plans or master plans .for development or redevelopment be prepared with harmoniou`s. combination of design, land use , and energy conservation in order: that long range results will be of optimum benefit to the community in functional design, pleasing' appearance , and minimum use of energy resource. B. Transportation It is the policy of the City to develop and support programs in cooperation with other governmental agencies , as well as with. private: enterpri'se , that will provide safe' and energy conserving modes .o:f transportation for the community. C. 'Private Property Lighting.' It is ._the policy of the City to encourage owners and developers '.6f :private property to effect lighting usage reductions ' in'.,existirig- structures and in new construction. D. Heating and Air Conditioning - It is the, policy-of the''Cty to encourage citizens not to heat _homes or. buil`dings above 68 degrees Fahrenheit or to. cool homes -or .buildings below 78 degrees Fahrenheit , except where other temperatures are necessary for health, safety, or system design reasons. E. Private Transpo.r.tation - It ,is the policy of the City to encourage citizens to limit the non'-essential use of. automobiles and to use mass transit where- possible. The City shall also support car pooling by residents. where possible. r ENERGY MANAGEMENT. P.OLICY -5 March 15 , 1977 F. Education and Information - It is the policy of the City to promote and participate in the dissemination of educational and informational materials .which may result 'in energy conservation, and to provide or support incentives for participation in energy conservation programs. - C4e�y.:....:w::..:rs--•i.+..w:,:.:�,--,......,.,..yY.�..;,..,:-e. -..:tw:,.e.L.r...-a.:-:+__ rw.=.ea. - _ - �:w::vF..ia..sa.>y`:r,'.es - --.., r.� _.__...�.._. ... _. - .. _... _.es. No. 4442 STATE OF CALIFORNIA ) COUNTY OF. ORANGE CITY. OF HUNTINGTON BEACH ) L; ALICIA M. WENTWORTH,. 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 resolution was passed and adopted by the affirmative vote of -more than a"majority of all the members of said City Council ; . . at a regular meeting thereof- held on. the 18th day of April 19. 77" , .by. the-following vote: AYES: Councilmen:, ' Bartlett, Wieder, Coen, Pattinson, Shenkman, Siebert 'j NOES: Councilmen: None ABSENT: Councilmen: Gibbs s City Clerk and ex-officio Clerk of ,the City Council of the City ;F ? of Huntington Beach, California CITY OF HUNTINGTON BEACH CA 7 7-37 COUNCIL-ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH To The Honorable Mayor and From Floyd G. Belsito City Council Manager City Administrator Subject ENERGY MANAGEMENT POLICY Date March 16 , 1977 On January 3, 1977 , the City Council established an Energy Management Policy Committee and directed that the committee present a policy to the Council by March 21 . That policy is attached. You will note that the Energy Management Policy is general and sets forth goals of energy conservation, financial savings , and public safety. The committee believes that the policy will provide a sound basis on which to build future decisions regarding the use of energy resources . More specific recommendations , the committee feels , would go beyond the policy-making privileges normally accorded committees and perhaps tie the City' s hands in making decisions of benefit to the community. Members of the committee , John Behrens , Matt King, Don Kiser, and Darrel Cohoon, will be at the Council meeting to answer any questions you may have . The committee has suggested that with its directed business complete , it should be discontinued unless changes to the policy are required. RECOMMENDATION Direct the City Attorney to prepare a resolution adopting the attached Energy Management Policy. Respectfully submitted, Floyd G Belsito City A inistrator BY GIKY FGB :DLC:bb �yYgy Attachment Y. ,a • ; FBCITY OF HUNTINGTON BEACH CA 7 7-51 COUNCIL-ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH To Honorable Mayor and From Floyd G. Belsito City Council Members City Administrator Subject ENERGY MANAGEMENT POLICY Date March 30 , 1977 On March 21 , the City Council directed the City Attorney to prepare a resolution adopting the policy drafted by the City' s Energy Management Policy Committee. Resolution No . adopting the policy is attached. The Mayor also requested the City Administrator to report back to the Council on the feasibility of establishing a commission to administer the policy. Rather than establish a new commission, I would suggest referring the Energy Management Policy to the Planning Commission and Environmental Council for their review. The document can provide a set of overall energy goals to the Planning Commission which has directed the Planning staff to draft a policy on energy conservation and management in regard to land use , transportation, and other planning- related areas . The Environmental Council might also wish to review the attached policy in order to provide an ongoing review of City activities and to provide suggestions to the City Council on ways in which the policy can be adapted in the future . RECOMMENDATION Adopt the attached Resolution and refer it to the Planning Commission and Environmental Council . Respectfully submitted, loyd Belsito City A ministrator �( FGB:DLC :bb " Attachment r• City of Huntington Beach P.O. BOX 190 CALIFORNIA 926" OFFICE OF OF THE CITY CLERK April 21, 1977 Department of Water Resources Drought .Information Center 1416 Ninth Street Sacramento, CA 95814 . Attn: Mr. Ron Robie, Director Gentlemen: The City Council of the City of Huntington Beach at its regular meeting of April 18, . 1977, adopted Resolution No. 4452, establishing policies and procedures_ in support of water conservation. A certified copy of Resolution No. 4452 is enclosed. Sincerely, Alicia M. Wentworth City Clerk AMW/sh Enclosure AVOICIVERBALORDERS to: SB-City Clerk' s Office DATE:. 4/21/77 FROM: JSH HBMWD SUBJECT: Addresses/Resolution 4452 Orange County Water District 10500 Ellis Avenue 714-963-5661 P. 0. Box 8300 Fountain Valley, Ca. 92702 Mr. Neil M-. Cline - Sect. - Manager Metropolitan .Water District of Southern California Headquarters Building 1111 West Sunset Blvd. 213-626-4282 Los Angeles, Ca.. 90012 - Mr. John H. Lauten - General- Manager Municipal Water District of - orange County 17332 Irvine Blvd.. Suite "G" P. 0. Box 315 Tustin, Ca. 92680 Mr.- Dennis MacLain -General Manager Department. of Water Resources Drought Information Center. 1416 9th Street Sacramento, Ca. 9.5814 Mr. Ron Robie -- Director • ROUTING • - - .- White/Yellow Copy To: Refermd Pink Copy To: Originator Return White Copy To Originator When Disposition Is Completed - Yellow Cnoy Retainwi fiv Referred - u✓�f " O AA wD p e,,D. RESOLUTION NO. 4452 �� W` A RESOLUTION OF THE CITY- COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING POLICIES AND PROCEDURES IN SUPPORT OF WATER CONSERVATION WHEREAS, rainfall for the current year has been substantially below normal, particularly in northern and central California, and in the absence of major storms within the next few .months, 1977 . will be a year of serious drought causing water shortages in- many communities and farming areasof. the state; and. Governor Brown has asked for. the cooperation acid active participation of all public officials and residents of the State of California in conserving water supplies; and Conservation measures .are clearly. called for in order to assist the northern part of the state in the water crisis that it is experiencing, and in order .to protect . the water resources available to the southern part of the state prudently in the event the drought continues for an extended period of time; and Water conservation is also indicated in order. to conserve the expenditure of energy . resources .required. to produce, treat and distribute water; and The Metropolitan Water District of Southern California has called for a 10 percent reduction of water usage by member agencies and, if such reduction is not achieved, .a .100 ,percent surcharge (double rate) shall Pe added to the municipal rate _for a•11 quan- tities of water delivered in excess of 90 percent of. 1976 deliveries; NOW, .THEREFORE, BE IT RESOLVED by the City Council of the -City of Huntington Beach as follows : SECTION 1 . The goal of . the City .of Huntington Beach is to effect a voluntary 15 percent city-wide reduction in water use within the city . /cs 1. . . _ ..y__ .. .. `...`^.-)" '7"fTrTS""S�rrewHx!^t.'•^4'w!'x^.4~,�.hn t+"^ye-wxrwa...y,?xMb+a+.'ga�'+•;'._TP+Est"t!ear`N'wc�..eRt•>,••.'!.t.r+w:o!�r�m;_.q.-..F•ti.�,.,.usr.+;,H�'�"�'��•+w...N SECTION 2. The City through its administration and water departments will intensify- a publicity campaign to promote the installation of water saving devices in existing dwellings and structures as part of a concerted -"retrofit" effort .- SECTION 3: The city administration and water departments . shall conduct a public information campaign on* the -need for water conservation and elimination- of .waste, and shall endeavor to coordinate such campaign with. city school -districts . SECTION 4 . All water users within the city are hereby .urged- to restrict and limit their use ;of water- in all reasonable ways for the benefit of all . people .in.__the. city. this .year and in. the years to come. These .restrictio,ns and . limitations include, but are not limited to, ; the following: (a) Conduct- extensive examination to locate and subsequently repair all leaks from water services within a structure; (b) Install low pressure sh6werheads; (c) Use. discre.tion in laundry,- dishwashing and bathing habits so as to reduce the. quantity of water required on a daily basis ; this can be accomplish ' d by several methods . including the collection and coordination of -laundry 'and _dis.Yiwashing loads in a manner that will insure full .'Utilization .of. equipment;. (d) Sparingly irrigate lawns and landscaping in order to prevent runoff; (e) Store drinking:water .in `large containers .in the .refrig- erator so as to have cold water. immediately:available without the necessity of excess running of .the water tap;. (f) Use water reduction. devices .in toilets. such as displace- ments objects or water dams ; and .. ; (g) Eliminate use of water for cleaning sidewalks and -drive- ways . SECTION 5 . All restaurants are urged to serve water to their customers only upon request and so .to advise their customers by appropriate written notification in the serving areas . 2 . . ,.: _.� , - _.. - - - • - -.-,�-.,-'• - .,..�c-a..xh�, .. �""'"-;t'm.r--2�3:• :e.a,.;,,._,.::_•:ti:....���••',-..c•r;�:-w,r.=.+sr«-fit,-� SECTION 6. The City. will cooperate with the Municipal Water District of Orange County and the Metropolitan Water District in the implementation of any programs adopted by those agencies, including a consideration of the requirement for installation of prescribed water saving devices 'as a future .. condition of new water service,. PASSED AND ADOPTED by the, City Council of the City of- Huntington Beach at a regular meet thereof he - n the l8.th day of April, 1977 • ATTEST : Mayor City Clerk REVIEWED AND APPROVED APPROVED AS ,TO FORM: ty Administrator' . y tto ey INITIATED AND APPROVED AS T9 CONTENT / FISCAL IMPACT ✓._ FISCAL.IM C n FISCAL IIC IPP'C -- NOT'1K)'CGETED REQUIRES FINANCIAL IMPACT REPORT....._. ,•-..geti-.v- _ -,_..-.,,.,. -.,-,.F,.�-,.,�.1..., .q..=x�w N, etc«e,,ham.,w�r�.npK�e•rk��Yst•-•.�y`h+4 •r�^s'+..rr"'.ez,---+..;'^'; ,y-:«s..-d-Aa;�..q.. }c..pa.,ram�i.r' 4452 S'CATE. OF CALIFORNIA ) COUNTY OF ORANGE ) as: CITY OF HUNPINGTON BEACH ) I, ALICIA M. WENRWORTH, 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 resolution was pawed* and adopted by the affirmative vote of more than a. majority of all. the members ;of said.Ciiy 'Council at a regular meeting :thereof held on the.. '. 18th day of April 19 77 by the following-vote: AYES: Councilmen: Bartlett, Wieder, .Coen, Siebert; Shenkmen, Pattinson NOES: Councilmen: None ABSENT: Councilmen: Gibbs City Clerk and ex-officio Clerk of the. City ;Council of .the.City of Huntington Beach, California ; -;-..... , - Y,-T-sx _-.--,---� .,-»,,a'.. .-.."-ts.-.�.!«-=R..ni+,:.a+..�.:q=R?--•.:.s_;rc:ctr^ a°..--:.i.».a�....�-,.... , City of Huntington Beach 0 P.O.BOX 711 CALIFORNIA 82648� CITY TREASURER-WARREN Q.HALL September 29, 1976 To: Honorable Mayor, City Council and Floyd G. Belsito, City Administrator From: Warren G. Hall Subject: Resolution establishing $300,000.00 as the minimum Liability Insurance Indemnification required by the City Resolution 4013 .establishing $19000,000.00 as the minimum liability indemnification was enacted at a time when liability insurance in large amounts was available at reasonable costs. As you. know that era is gone for two reasons. Large amounts are only available to select risks and premiums are three to five times what they were eighteen months ago due primarily to lack of underwriting reserves . of the insurance companies. I have studied our claims over the past five years and in all cases $300,000.00. would have been adequate. This is also an amount that is generally available to the public in general. I request adoption of this resolution to make it possible for most people to do business with the city at a reasonable cost and still adequately rot ct the city. W en G. Hall City Treasurer/Risk' Manager RESOLUTION NO. 4337 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A MINIMUM LIABILITY INSURANCE LIMIT WHEREAS, there are persons engaged in various activities in the city which subject the city to possible liability for damage to property and injury to _persons; and For the protection of the public health, safety and wel- fare, the city requires such persons to maintain insurance naming the city additional insured; and The city desires to establish uniform minimum liability limits for all such persons engaged in said various activities who are required by ordinance, resolution or otherwise to provide such liability insurance, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that the minimum liability limits shall be as follows : 1. Combined Single Limit Bodily Injury and/or Property Damage including Products Liability: $300, 000 combined limit per occurrence, except as otherwise provided by ordinance or contract . 2. Additional Insured Endorsement : The insured agrees that the City of Huntington .Beach City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach when acting as such, are additional assureds hereunder. 3 . Any person engaging in any activity determined by ordinance, resolution or the City Administrator to subject the city to a possibility of . liability shall provide the city with a certificate of insurance containing the additional insured endorsement and the hold harmless agreement . JG: er 1. 4. Hold Harmless Agreement : The insured agrees to protect, defend, indemnify and save harmless the City of Huntington Beach against loss, damage or expense by reason of any suits, claims, demands, ,judgments and causes of action caused by insured, his employees., agents or any subcontractor, arising out of or in consequence of the performance of all or any operations covered by the certificate of insurance, and such insurance shall be primary to any insurance of the city. Resolution. No. 4013 and all other resolutions in conflict herewith are hereby repealed. d PASSED AND ADOPTED . by the City Council of the City of Huntington. Beach at an adjourned regular meeting thereof held on the 6th day of October, 1976. ATTEST: y City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: L�-J) AdtIng City Adminstrator City Attorney,(' APPROVED, NITI . ING' DEPARTMENT:NO FISCAL IMPACT 0 FISCAL IMF,; T -- �'� GETE7 I9 Ib City T►eesure* FISCAL IMPACT -- NET BUDGETED - of Huntington Beach, Caltf. REQUIRES FINANCIAL IMPACT RE°ORT 2. f No. 4337 STATE OF CALIFORNIA ) COUNTY OF ORANGE 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 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular adjourned meeting thereof held on the-. .6th day of October 19 76 , by the following vote: AYES: Councilmen: Bartlett, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: Councilmen: None ABSENT: Councilmen: Pattinson City. Clerk and ex-officio .Clerk of the City Council of the .City of Huntington Beach, California Y ' RESOLUTION NO. 4337 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A MINIMUM LIABILITY INSURANCE LIMIT WHEREAS, there are persons engaged in various activities in the city which subject the city to possible liability for damage to property and injury to persons; and For the protection of the public health, safety and wel- fare, the city requires such persons to maintain insurance naming the city additional insured; and The city desires to establish uniform minimum liability limits for all such persons engaged in said various activities who are required by ordinance, resolution or otherwise to provide such liability insurance, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that the minimum liability limits shall be as follows : 1. Combined Single Limit Bodily Injury and/or Property Damage including Products Liability: $1;999;99$300, 000 combined limit per occurrence, except as otherwise provided by ordinance or contract. 2. Additional Insured Endorsement : The insured agrees that the City of Huntington Beach City Council, and/or all City Council appointed groups, committees , commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach when acting as such, are additional assureds hereunder. 3. Any person engaging in any activity determined by ordinance. -resolution or the City Administrator to subject the city to a possibility of liability shall provide the city with a certificate of insurance containing the additional insured endorsement and the hold harmless agreement . JG:er 1. r r 4. Hold Harmless Agreement : The insured agrees to protect, defend, indemnify and save harmless the City of Huntington Beach against loss , damage or expense by reason of any suits, claims, demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor, arising out of or in consequence of the performance of all or any operations covered by the certificate of insurance, and such insurance shall be primary to any insurance of the city. Resolution No. 14013 and all other resolutions in conflict herewith are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on the 6th day of October, 1976. ATTEST: Mayor City Clerk APPROVED AS TO CONTE T: APPROVED AS TO FORM: A—dt4fig City A minstrator City Attorne C APPROVED, I ITI ING EPARTMENT: NO FISCAL IMPACT FISCAL IMPACT -- BUDGETED _ _a . rea tire- Zciia± of Huntington Beach, Cas. • FISCAL IMPACT -- r- r. NET BUDGETED. REQUIRES FINANCIAL INAPACT RE°ORT_ 2. f PP,P7, Ili --.. -City of Huntington Beach z.} P.O. BOX 190 CALIFORNIA 926" ENGINEERING DEPARTMENT April 8, 1976 16A �0 Honorable Mayor and City Council City of` Huntington Beach Attention: David D. Rowlands City Administrator Subject: Public Works Policy Town Lot Ocean View and Boulevard Gardens Gentlemen: Transmitted herewith is a Public Works Department policy regarding development of lots within that portion of the' City, known 'as the Townlot, Ocean View and Boulevard Gardens areas'. The policy provides for a developer sharing in the costs` of improving this area as they develop. 6 In 1971 the City Council by minute action approved the Department of Public Works policy letter for the` townlot" area development. ' The ' purpose..of this new policy letter- is to up date department requirements and to include the development' requirement for the Ocean View- and Boulevard` Gardens areas. It ,is recommended that your Honorable Body approve this policy by minute action, thus affecting legislative backup for the inquiries we may receive. Very truly yours, H. E. 11artg Director of Public Works .HEH:WEH:jy Trans. y a: Policy The Department of Public Works City of Huntington Beach For Development of Town Lot, Ocean View and Boulevard Gardens I . General Development of the Town Lot, Ocean View and Boulevard Gardens areas has been occurring at an increasing rate in the past few years and has reached a point where heretofore verbal policies and commitments must be revised and set forth in written form so as to create equality and equitability for all . As each lot develops, it is the intent that new or existing improvements be complete and in acceptable condition. All work required to adequately drain the right of way across the frontage will be the developer 's responsibility. II . Areas Affected A. Town Lot The Town Lot areas , in order to avoid misinterpretation, are defined as follows, for the purpose of this departmental policy. Town lots are those areas of Huntington Beach sub- divided into 25 feet to 35 feet wide lots by maps recorded prior to 1958 , and lie, in general , between Pacific Coast Highway and Clay Street and between Goldenwest Street and Beach Boulevard. Those areas of larger blocks and acreages are excluded and must be ruled Qn each individual as case merits . Also excluded will be any areas. re-subdivided into a subdivision which will then be controlled by the subdivision ordinance. B. Ocean View The Ocean View area lies between Warner Avenue and Mandrell Drive and between Beach Blvd. and Oak Lane. C . Boulevard Gardens The Boulevard Gardens area lies between Edinger Avenue and Heil Avenue and between Beach Blvd. and Silver Lane. III. Developments Governed This policy will be applicable to the following categories of development; commercial, single family residential, and multiple unit residential . PPP Page 2 �. !' IV. Construction Requirements A. Town Lot Due to the fact the entire area has been subdivided and street improvements which were once installed have deterio- rated, each request for permit must be investigated individually. However, in general, the policy shall include the following: 1 . Corner Lots In spite of the fact the existing short radius curb returns are less than present day standards, we will live with them. It would be an inequitable task to replace them with the 30 ' radius cross gutter type by way of having permittees doing it on an individual basis, but dedication shall be required. Requirement : The curb return, if adequate structurally, can remain . If it, the sidewalk and/or the half-round drain pipe are deteriorated or damaged, they must be repaired . or replaced. The balance of the curb or curb and gutter and sidewalk must be replaced, if structurally unsound or spawled extensively; in accordance with City of Huntington -Beach standard plan. Replacement shall be from alley right of way to BC of curb return and from PL to EC of curb return. Where 18" gutter is existing, replacement with City of Huntington Beach standard gutter shall be required only if the existing is structurally unsound or not in proper alignment. Exception: Those streets intersecting the master planned arterial highways must have curb radii meeting the Public Works standards. Balance of frontage to be constructed per above paragraph. 2 . Non-corner Lots Requirement: The curb or curb and gutter and sidewalk must be replaced, if structurally unsound or spawled extensively, in accordance with City of Huntington Beach standard plan. Replacement shall be from PL to PL. Where 18" gutter is existing, replacement will be in accordance with City of Huntington Beach standard. Gutter shall be required only if the existing is structurally unsound or not in proper alignment. Exception: Where a- single family dwelling is constructed with a frontage of 25' feet or less, the developer will not be required to replace the curb or curb and gutter and sidewalk ; however, the City will collect the cost of this work and will perform this work on an available basis and as determined by the Director of Public Works. 3 ,3. Page 3 3 . General a. Street and Alley Asphalt Paving Reconstruction The work will be performed by City forces . The alley reconstruction will be done upon completion of building on more than 50% of the frontage on the alley. The street reconstruction will take place on an "available" basis and as determined by the Department of Public Works. Funds will be deposited by the builder to offset City cost on the following basis: Street: $25. 00 per lineal foot of lot frontage. Alley:. $15. 00 per lineal foot of lot frontage. Any utility relocations required will be at developer's expense. Exception: If a project involves a half block or more, or if field circumstances so warrant, the Department of Public Works will require improvement plans. b. Street Lights The area bounded by 17th and Goldenwest Streets , and Pacific Coast Highway and Palm Avenue, and between Beach and SPRR is serviced by the Southern California Edison Company. The remaining area in the Town Lot area is served by the City system. Edison Served Area - Installation must be in accord- ance with Edison's requirements; however, the City requirements are that the builder must install across his frontage the items necessary to install the system whether it is the conduit or the light standard or both. City Served Area - When on-site construction requires work in the street such as curb and gutter or sidewalk, the following street light work will be required: (1) Existing street lighting circuitry will be pro- tected in place. (a) If the system is active and damaged by construction, the developer will replace any damaged conduit and pull new cable in conduit between the street lights affected at the developer 's expense and as directed. by the City inspector. . 3 , PPPP PP Tpage 4 _ y (b) If the system is inactive, a new cable will be installed by the developer. The conduit will be 'repaiied as 'necessary by .the.'developer to accommodate the cable. (2) In addition to restoring or repairing the old lighting system, the developer shall install a new .coriduit for future system as' follows: (a) 1" PVC vacant conduit - plugged at ends or if a new conduit has been installed' on adjacent lot, connect to existing so that conduit will be continuous and straight - and plugged at open ends. ` (b) Conduit to be extended 6" beyond lot lines projected across entire frontage or side of property abutting a street. (c) Conduit to be located 6" back of curb with 24 0" 'of' cover. C. Street trees will be installed per Planning Commission_ requirements or per ordinance. In general, the Town Lot 'area has an unpaved strip between• the curb and sidewalk and is intended for landscaping including the street tree. In some cases there may be a code or Planning Commission requirement for additional trees. . 4. Alley Dedication All present 15' alleys will require dedication of an additional 2. 5' at each developed lot for ultimate 20 ' alley width and paved by'-City forces per 3a. B. Ocean View In the area located south of Warner and west of Beach_ Blvd. , dedicati6n' 'shall be required in conformance with the current precise alignment. Unless there is a large development or in a- fringe area acid until storm drain facilities are available, we will continue 'our ' practice of not requiring a bond for street improvements on the premise that ultimately an assess- ment district 'Will be formed for this purpose. The 'Director of Public' Works shall determine as"to whether or not the development is classified"as large or fringe. C. Boulevard Gardens Glencoe and Alhambra Streets have a 60' right of way and no further dedication. is necessary. Aldrich, Stark, Holt and McDonald were dedicated as 50' right of way; therefore, an additional 5 feet is necessary from each side. Z Page 5 Henceforth, for parcels (which may include several lots) 50 ' or greater in width, street improvements will be required to . be installed at the time of development of the property. For those parcels less than 50 ' in width, a bond will be acceptable unless the parcel is adjacent to a parcel which has street improvements . If similar street work is being performed in the neighborhood, a bond will not be acceptable. The bond amount will be determined at a rate of $50.00 per front foot and includes curb and gutter, gutter and sidewalk, pavement to street centerline, street trees and street lights. Consider this as the Department of Public Works policy effective as of this data. 'lo H. ge E. Hart Director of Public Works II H:WEH: Jy 6 S . 3 . g RESOLUTION NO. 4390 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING CHARGES TO BE LEVIED BY CITY OFFICES FOR PROVIDING COPIES OF PUBLIC RECORDS, AND REPEALING RESOLUTION NO. 4277 WHEREAS, city offices from time to time are requested to make copies of public records for members of the general . Ij public; and ' There is occasioned to the city a cost for the making of said copies; and Costs of preparation have increased and it is the desire of the City Council to establish reasonable fees to recover the costs of making said copies,. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach .as follows : SECTION 1. The following fees and charges shall be col- lected by all city departments : $10. 00 for fingerprinting school employee applicants ($4.95 shall be retained by the city and $5.05 sent to the State Department of Justice. Bureau of C.I .I. , as per California. Education Code Section 13588) . $ 5.00 for fingerprinting each -person who does not reside within the city boundaries. $ 1. 50 per page for each duplicate copy made of a police report. $ 4. 50 for duplicate copies of each traffic accident report when such report consists of less than seven (7) pages . Any duplicate copies of reports consisting of seven (7) or more pages shall cost $4.50 for the first six (6) pages and $1 per page for each additional page. $ 3. 00 for each set of photo contact prints of collision scenes . MT:ahb l' . � 1 i I a $ 5.00 for each 8" x 10" black and white photo enlargement of collision scenes. $ 7.00 for each 8" x 10" color photo enlargement of col- lision scenes . $ 2.00 for each 4" x 5" photo contact or enlargement of collision scenes. $ . 10 for duplicate documents. from copy machine - per page of letter and legal size sheets . . 2 for Department of Public Works City Fire Ma psi $ 5 P Y P $ 1.00 for duplicate documents from microfilm - per page. $ .10 per printed page (a leaf may contain two (2) pages) of Huntington Beach Ordinance Code and Huntington Beach Municipal Code. $45.00 for the Huntington Beach .Ordinance Code and Huntington Beach Municipal Code. $20 .00 for annual renewal,, January 1, Huntington Beach Ordinance Code and Huntington.Beach Municipal Code. $25 .00 for Huntington Beach Ordinance Code or Huntington Beach Municipal Code. $15.00 for annual renewal, January 1, Huntington Beach Ordinance Code or Huntington Beach Municipal Code. $L2.00 for Sectional District Map Book, Section 9061, . Huntington Beach Ordinance Code (mailing for one year) . $ 7. 50 for annual renewal, January 1, Sectional District Map Book, Section 9061, Huntington Beach Ordinance Code. $15.00 for Council minutes subscription per year, annual renewal, July 1. $15 .00 for Council agenda subscription per year, annual renewal, July 1. $15 .00 for Planning Commission minutes subscription per year, annual renewal, July 1. 2. $15.00 for Planning Commission agenda subscription per year, annual renewal, July. l. Base maps of the city shall be sold at the following rates: $ 1. 75 24" x 26" each. $ 4.00 4V x 52" each. $ 5.00 42" x 62" each. $ 1. 50 24" x 36" each blueline print. $ 4.50 24" x 36" each sepia. $ 7. 50 24" x 36" each mylar. SECTION 2. Where a copy of a public document which is not covered by this resolution is properly requested by any person, the city official who has custody of such document shall charge and collect a fee therefor, which fee shall reasonably reflect the cost of the product.ion. of the copy of such document as de- termined by that city official with the approval of the City Administrator. SECTION 3. The charges made by this resolution shall not apply to copies requested by or for city offices or employees for the conduct of city business. SECTION 4. Resolution No. 4277 is hereby repealed. PASSED AND ADOPTED by the City .Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of December 19 76 , Mayor Pro TeEpori ATTEST: APPROVED AS TO FORM: City Clerk City Attorne M .T 3. t REVIEWED AND APPROVED: INITIATED AND APPROVED AS TO CONTENT: L { City dministrator City Clerk I NO FISCAL IMPACT FISCAL IMPACT FISCAL IMPACT -- f', F DL;,---uET"ED REQUIRES FINANCIAL IMPACT REPORT 4. �. No. 4390 STATE OF CALIFORNIA ). COUNTY OF ORANGE 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 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the Members of said City*Council at a regular meeting, thereof held on the .20th day of December , 1976 , by the following vote: AYES: Councilmen: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman NOES: Councilmen: None ABSENT: Councilmen: Wieder City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California OATH TO ALL WITNESSESS DO YOU (AND EACH.OF_ YOU) SOLEMNLY SWEAR OR AFFIRM, THAT THE EVIDENCE YOU SHALL GIVE IN THIS MATTER PENDING BEFORE THIS TRIBUNAL, TO BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUP .THE TRUTH, SO .HELP YOU GOD. Pot-r cl E;5 v •r.-�• � "�GLh��� 1 S/l8 / -70 RESOLUTION N0. 4309 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 3993 ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH IN REGARD TO BUDGET CONTROL" WHEREAS, the purpose of this resolution is to insure re- sponsible fiscal control of unbudgeted items presented to the City Council in the form of ordinances, resolutions, minute .actions, appropriations, orders for the payment , of money, and any means whatever by which the Council is able to act, and where such action shall or may have an impact upon the budget: The basic assumption underlying this resolution is that informed and intelligent action must be preceded by and based upon fiscal data and information, and upon an understanding and appreciation of the impact of such action upon the budget. It is recognized that an integrated and orderly budgetary process requires a 'budget in balance and that any action of the City Council that shall or may disturb or affect such balance must be preceded by thorough study and analysis . Where unbudgeted expenditures are authorized by the City Council, it is and shall be the policy of the city that adequate provision must first be made for the funding of such proposals through the budgetary process to the end that the budget be and remain in balance. It is a policy of the City of Huntington Beach that the Council shall not create a deficit in the city's budget by any action of the Council. This statement constitutes the official policy of the City of Huntington Beach. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: DPB:a hb 1 � s SECTION 1. ACTIONS TO UNBALANCE BUDGET PROHIBITED. The City Council shall not take any action whether by adoption of ordinance, resolution, minute action, appropriation, order for the expenditure of money, or otherwise, which will result in anticipated expenditures for the current fiscal year exceeding the total of anticipated revenues for the .current fiscal year plus all other available funds . SECTION 2. FINANCIAL ANALYSIS REQUIRED. The City Administrator with the assistance of the staff shall prepare and. transmit to the City Council, together with any ordinance, resolution, appropriation, request for order of expenditure of money, or any other request for action which is not funded in the current fiscal year's budget, a detailed financial analysis of the proposed action, giving the impact, both positive and negative, upon the city' s budget . A cash flow time analysis shall be included to compare proposed cash outlay timing with cash receipt schedule from the revenue source proposed. Such analysis shall be contained in a report entitled, "Financial Impact Report ." SECTION 3, REVIEW OF FINANCIAL IMPACT REPORT BY CITY COUNCIL REQUIRED FOR UNBUDGETED ITEMS. The City Council shall not adopt any ordinance, resolution, appropriation, order for payment of money, minute action or any other action, without first reviewing the Financial Impact Report and without first making adequate provision for the funding necessary to support such action and to keep the budget in balance . The provisions contained herein shall apply to unbudgeted items and to items which cost more money than the amount budgeted for such items. SECTION 4 . AMENDMENTS TO BUDGET. Whenever during the fiscal year anticipated revenues .fall below projections, the Finance Director shall transmit to the City Council proposed amendments in the city' s budget which will bring the budget into balance so that no deficit shall be created or maintained. 2. SECTION 5. This resolution shall not apply to any proposed unbudgeted expenditure less than Ten Thousand Dollars ($10,, Q00 ) unless such proposed expenditure may reasonably be expected to result in other related or continuing expenditures. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of August, 1976. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorne APPROVED AS TO CONTENT AND AS INITIATING DEPARTMENT: NO FISCAL IMPACT FISCAL !MPACT - [R1JPGETEn _� Cit Administrator FISCAL IMPACT - NO T BUDGETED REQUIRES FINANCIAL IMPACT REOORT_._ e 1 3 . • Re. _ No. 4 309 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as: 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 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 resolution was. passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 16th day of August , 19 76 , by the following vote: AYES: Councilmen: Bartlett, Pattinson, Siebert, Shenkman, Wieder NOES: Councilmen: Nonp ABSENT: Councilmen: Coen, Gibbs City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California i v I� ' C& OF HUNTINGTON B. ,.=H i DH 76-41 . . ADMINISTRATIVE COMMUNICATION I MINTINCTON BEACH bli 0. t: ' .To'. All Department Heads From Floyd G. Behsito A epartme e y Acting City A iinis-trator Subject PROCEDURE FOR PROCESSING OF Date July 6, 1976 RESOLUTIONS AND ORDINANCES `i In order to more smoothly process all resolutions and ordinances for transmittal to the City Council , please be advised of the following procedure to be followed. Requests for resolutions and ordinances must be signed by my office ; after signature by initiating Department ,Head and prior to being sent to the City Attorney's Office. When the Attorney' s Office has typed the resolution or ordinance and ' .Mr. Bonfa has signed same, it will then be sent to the initiating - .Department Head for signature, preparation of a transmittal letter and.-- ' : designation as to FIR status. 'After signature by Department Head, the resolution or ordinance then . will be returned to the Administrator' s Office for final signature _ and transmittal to the City Council. .4 - Your cooperation in following this procedure will be greatly appretiat.;d i FGB:p .4i. .t.. `.. y •f #�•`tom * - 4. r k'�afv�e-5 --r. - - -- j .: ♦ .� ar- r U. BEACH CITY OF HUNTINGTONUMW DH ADMINISTRATIVE COMMUNICATION , ( #1 ��''-�4�' F , uNfirve-ro�ree�cn •i `'{ !�r To: All Department Heads From Floyd. G. .Belsito, ( , t } Acting City Adminstratior � ' Subject PROCEDURE FOR REIMBURSEMENT Date July 7, 1916. In order to provide greater accountability in the payment;of, per diem• and expense items , the following procedures shall -be effective immediately ;.; : .. p 4. All applications for payment, whether in advance or as. reimburse. :(; ment, must be approved by a Department Head. In the case of a_-.Dep'art ' : ' m-ehV Head submitting for expenses , .the application must be -appro� d !. ,by the City Administrator: !, 2. All applications must be itemized as to type of expense. If ,the. application is for reimbursement, the application must be accompanied , by expense receipts. In cases of advance payment, such .receipts sha ]1 be submitted upon return :to ..the City. Any advance payment: not accounted' for 'by expense receipts shall be returned to the Finance. -Department:,; ;. . i ` 43.. All applications for reimbursement must be submitted within 'l0adaya t o return to the City. - f 3�Ai fifx 4 7i- '• ., - - =ft4 4( - t: 40 5 t i CITY OF HUNTINGTON BEACH DH 7 6.-4 3 i ,y r„* u •- ADMINISTRATIVE COMMUNICATION. z } Ile ; ,� Nl/NTIMCMN BEAC11 ' >- To All Department Heads From Floyd G. Belsto, i Acting City: .Adninis•trator l Subject REIMBURSEMENT FOR VEHICLE USE Date July 7, 19:76. ' Reimbursement for use of privately owned vehicles on City business is Authorized by the Vehicle Use Policy only "when. a pool-. car is . -not available." One of the ten pool cats is almost always• .available;: 4 from the Public Works Department. j Effective immediately, payment of mileage expenses .will -be subject Ito the following rules : 1. Vouchers will reflect beginning and ending odometer readings Y for each trip from the City facility to origin. ?R s C 2. For each trip on which a privately owned car is used and for E which mileage expense is .requested, employees will gain prior per- mission from their Department Heads. Department Heads should under- . i ;stand that payment for private vehicle. use is authorized only under. .. ` extraordinary circumstances . 3. Requests . for payment of mileage expense will be made within . ten days of any trip. The Finance Department will not process late requests for payment except in cases of employee absence. during the authorized period. t FGB:p CITY OF HUNTINGTON BEACH CA 7 6-111 COUNCIL - ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH To Honorable Mayor and From Floyd G. Belsito City Council Members Acting City Administrato7 Subject ACTION ON PENDING LEGISLATION Date July 13, 1976 We have encountered problems in the past in 'reacting quickly to State legislative matters that need immediate response. This past year, there was a Legislative Analysis Committee consisting of Mayor Wieder, Councilman Bartlett and Chuck Cohan of the Attorney' s Office, but it has been difficult for everyone to arrange their schedules to meet together on a regular basis. It would seem more advantageous to authorize the City Administrator to make an immediate response on behalf of the Cbuncil. when needed. Those items that do not need immediate action may be put on the Agenda under Consent Calendar so that the Council can take formal action. RECOMMENDATION 1 . Disband the Legislative Analysis Committee and determine positions on legislation by vote at Council meetings . 2. Authorize the City Administrator to voice support or disapproval of pending legislation when an immediate communication is needed and there is not time to put the matter on the Agenda . Respectfully submitted, Floyd Belsito Acting City Administrator FGB :bb RESOLUTION NO. 3193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH_ ESTABLISHING. A RATE FOR LISTENING TO. OR RECORDING FROM, OR MAKING TRANSCRIPTS OF AUDIO TAPES OF COUNCIL MEETINGS WHEREAS, the City Clerk receives numerous requests from the general public to listen to, record on their own recorders , or to transcribe the tape as recorded by the City Clerk; and All such recordings are public records and as such the public must be permitted access to such recordings , and be permitted to make recordings on their own equipment of such original city recording; and It is deemed both necessary and advisable that the City Clerk have a deputy present when a member of the public listens to or transcribes such tape recording to insure that such tape will not be altered or erased, either inadvertently or deliber- ately; ' and The cost to the city and the City Clerk's office for pro- viding a room and tape recorder, and having a deputy present while such tape is being replayed, retaped or transcribed by a member of the public - is considerable and should be reimbursed to the city. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that a charge of Five Dollars ( $5 .00) per hour, with a minimum charge of Five Dollars ( $5 .00) shall be paid by any member of the public who listens to, records on their own recorders, or transcribes the tape of Council proceed- ings . Such minimum Five Dollar ($5 .00) charge is made for the purpose of reimbursing the city and the City Clerk's office for the costs of providing a room . and tape recorder and having 1. a deputy present while such tape is being played. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of July, 1970 . 'yut ayor Pro Tem ATTEST: Cit Clerk APPROVED AS TO FORM: .xu City Attor 2. r' '.- /71 RESOLUTION NO. 4228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH .ESTABLISHING CHARGES TO BE LEVIED BY CITY OFFICES FOR PUBLISHING COPIES OF PUBLIC RECORDS AND REPEALING RESOLUTION NO. 4212 WHEREAS, city offices from time to time are requested to make copies of public records for members of the general public; and There is occasioned to ,the city a cost for the making of said copies; and Costs of preparation have increased and it is the desire of the City Council to establish reasonable fees to recover the costs of making said copies . NOW, THEREFORE, BE. IT RESOLVED, by the City Council of the City of Huntington Beach as follows : SECTION 1 . The following fees and charges shall be collected by all city departments : $10 . 00 for fingerprinting school employee applicants ($4 . 95 shall be retained by the City and. $5. 05 sent to the State Department of Justice, Bureau of C. I . I. , as per Section 13588 of the California Education Code . ) $ 5. 00 for fingerprinting each person who does not reside within the city boundaries . $ 1 . 50 per page for each duplicate copy made of a police report . $ 4 . 50 for duplicate copies of each traffic accident report when such report consists of less than seven (7) 'pages . Any duplicate copies of reports consisting of seven (7 ) or more pages shall cost $4 . 50 for the first six (6) pages and $1 per page for each additional page. $ 3 . 00 for each set of photo contact prints of collision scenes . /cs 1 . t _ 1 ` $ 5. 00 for each 8" x 10" black and white photo enlargement of collision scenes . $ 7. 00 for each 8" x 10" color photo enlargement of collision scenes . $ 2 . 00 for .each 4" x 5" photo contact or enlargement of collision scenes . $ . 50 for duplicate documents from copy machine - per page of .letter and legal size sheets. $ 1 . 00 for duplicate documents from microfilm - per page . $ . 20 per page of Huntington Beach Ordinance Code, Division 9, and Huntington Beach Municipal Code . $45. 00 for the Huntington Beach . Ordinance Code, Division 9, and Huntington Beach Municipal Code. $20. 00 for annual renewal, January 1, Huntington Beach Ordinance Code, Division 9, and Huntington Beach Municipal Code. $25. 00 for Huntington Beach Ordinance Code, Division 9 . $15. 00 for annual renewal, January 1, Huntington Beach Ordinance Code, Division 9. $15. 00 for Section District Map book, Section 9061, Huntington Beach Ordinance Code, Division 9. $ 7. 50 for annual renewal, January 1., Sectional District Map book, Section 9061, Huntington Beach Ordinance Code, Division 9. $15 . 00 for Council minutes subscription per year, annual renewal, July 1 . $15. 00 for Council agenda subscription per year, annual renewal, July 1. $15. 00 for Planning Commission minutes subscription per year, annual renewal, July 1. $15. 00 for Planning Commission agenda subscription per year, annual renewal, July 1. Base maps of the City shall be sold at the following rates : $ 1.75 24" x 26" each 2. $ 4 . 00 48" x . 52" each. $ 5 . 00 42" x 62" each. $ 1. 50 24" x 36" each blueline print $ 4 . 50 24" x 36" each sepia . $ 7. 50 24" x 36" each mylar. SECTION 2. Where a copy of a public document which is not covered by this resolution is properly requested by any person, the city official who has custody of such document shall charge and collect a fee therefor, which fee shall reasonably reflect the cost of the production of the . copy of such document as determined by that city official with the approval of the City Administrator. SECTION 3. The charges made by this resolution shall not apply to copies requested by -or for city offices or employees for the conduct of city business. SECTION 4 . Resolution No. 4212 is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of May 1976. ATTEST* & Mayor City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: City Administrator City A torn v APPROVED, INITIATING DEPARTMENT: • NO FISCAL Y . i Res. No. 4228 "'Mil' OF CALIFORNIA ) COUNI'Y OF ORANGF ) as: UTY OF HUNTINC'TON 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 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 3rd day of May 192A--, by the following vote: AYES: Councilmen: Bartlett, Pattinson, Coen, -Gibbs, Siebert, Shenkman, Wieder NOES: Councilmen: None ABSENT: Councilmen: None el n. 1 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 00, CITY OF HUNTINGTON BEACH CA 76-54 COUNCIL - ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH To Honorable Mayor and From City Administrator City Council Members Subject RESOLUTION NO. 4228 Date April 21 , 1976 (REPEALING RESOLUTION 4212) The attached Resolution 4228 repeals Resolution 4212 in order to correct the erroneous charge listed for duplicate copies of each traffic accident report when the report.-consists of less than seven copies. This change affects both the Police Department and the Traffic Engi-- neering Section of the Public Works Department . RECOMMENDATION Adopt Resolution No . 4228 . Respectfully submitted, r David D. Rowlands City Administrator DDR/FGB:p Attachment CITY OF HUNT BEACH . CA 7 6-S 3 ,. COUNCIL ADMINISTRATOR COMMUNICATION HUNTINETON BWHCM . To Honorable Mayor and:,':: ,; ...'_ From City. Administrator City 'Council 'Memb.ers.'.i:-." Subject RESOLUTION NO.. 4227 Date A15ril 2.1 1976 t� . (AMENDING RESOLUTION 2539). Based upon the City Councils request at the ,April 19, . 1976. meeting, Attached is Resolution—No. 4227. amending Resolution No.. 2539 which establishes rules of order and procedure. in the conduct of Council meetings. In essence, this amendment will. require seconds to. all .motions made by City Council members before..action can be taken. RECOMMENDATION Adopt Resolution No. 4227 . Respectfully -submitted, David D.. Ro.wlands City Administrator DDR/FGB:p Attachment 1 RESOLUTION NO. 4227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 2539 ENTITLED, "A .RESOLUTION OF THE CITY *COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING RULES OF ORDER AND PROCEDURE IN THE CONDUCT OF COUNCIL MEETINGS AND REPEALING RESOLUTION NO. 2410,11. BY REPEALING SUBSECTION (c) OF SECTION 1 . The .City Council of the City of Huntington Beach does hereby resolve as follows : That Resolution No. 2539, entitled, "A Resolution_ of the City Council of the City of Huntington Beach Establishing Rules of Order and Procedure in . the Conduct of Council Meetings and Repealing Resolution No . 2410," is hereby amended by re- pealing subsection (c) of Section 1 . All other parts of said Resolution No. 2539 shall remain in full force and effect . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on the 26th day of April, 1976. 1 • Mayor ATTEST: APPROVED AS TO FORM: • arc%/�i City Clerk City Attorney APF,7,0\, AS Tv CO lv'i' ..�� N0 FISCAL IMPACT- _ - e ._ ..... FISCAL iiViPACT -• BUDGETEO CITY ADMINISTRATOR FISCAL IMPACT -- .NOT 2UDG1:_I D DPB:ahb REQUIRES FINAINCIAL IMPfxCT R2;'JRT R. No. 4227 STA'I'I; OF CALIFORNIA ) ' MUN'I'Y OF ORANGE UITY OF HUNTINGTON BEACHVO ) 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 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular, adjourned meeting thereof held on the 26th day of April 19 76 by the following vote: AYES: Councilmen: Bartlett, Pattinson, Gibbs, Siebert, Shenkman, Wieder NOES: Councilmen: None ABSENT: Councilmen: Coen City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California J J October 2 , 1975 L TO: City AttorneyFROM: James Georges, Deputy City Attorney SUBJECT: Subpoena Duces Tecum and Fees On advice . from the City Attorney's Office , the City Administrator issued a memorandum to all department heads dated August 8 , 1975, subject : Subpoena Fees. That memorandum informed all department heads of what to do if they had received a subpoena. In essence it said that they should ask for witness fees which are twelve dollars per day and twenty cents per mile one way, and if they were not sure what to say, then to call the City Attorney' s Office for direction. I feel a similar administrative communication should be issued by the City Administrator to all .department head6 .on the subject of subpoena duces tecum. The essence of this memorandum should be that all city employees who. are served with a. subpoena duces tecum should not only ask for the witness fees if their presence is required in court , but also to. Ask for the fee for reproducing certified copies . The City Council has passed Resolution No. 3957 stating costs for reproducing certified copies. Government Code Section 6257_ states that requests for certified- copies shall be accompanied by payment of a reasonable fee or deposit established by the state or local agency, or the prescribed statutory fee where applicable. Last Friday the City Clerk was served a subpoena duces tecum on a case called Nerio v. Turner, Orange County Superior Court . . The City Clerk compiled certified copies of the materials requested in the subpoena duces. tecum, the Planning Department produced all original documents, and the Building Department produced all. original documents , all of which was collected by Don, Shaw of the Building Department who _appeared with all of the materials in court on. Monday, September 29. The case was continued. My point is that the original documents, .letters or reports . should never leave. the. files of City Hall,. but instead certified copies should be made to comply with the subpoena duces tecum and a fee should be charged. The. City Clerk's Office did not ask for nor receive any. fees for reproducing .certified copies . The Planning and Building Departments produced originals. In- another case, Withers v. California, Los Angeles Superior Court , the Huntington Beach. Police Department was served with a subpoena . duces tecum requiring production of all rear end traffic accident reports from January 1 , 1965- to January 1, 1975 at a certain intersection. in the same case, the City Clerk was asked for all i -2- photographs, aerial maps, charts, maps , plans and "pin" maps prepared by the City from 1965 to date . This is overbroad. The City Administrator in his administrative communication should state that at any time any city employee is served with a subpoena duces tecum, they should immediately bring the subpoena duces tecum to the City Attorney's Office to check.,it for (1) .good cause, (2)' make sure it specifies the exact-' Matters desired, and (3) materiality to the issues . . ,• ,cis: Also, when a city police officer or . fireman .is served a sub- poena or subpoena duces tecum, the fee to be paid or placed on deposit with the court clerk has been raised from $45 to $75 per day. . (Government Code Section 68097.2) City employees should . be reminded that subpoenas duces tecum, like subpoenas, are. preissued by the County Clerk, that is, the Clerk issues the subpoena or subpoena duces tecum signed and sealed but otherwise in blank, and. the party requesting such fills it in before service. •This means that the attorney fills in the blanks as to "good cause" and as to "specifying the exact matters desired" and as to the "materiality to the issues;" therefore, the City Attorney' s Office should. look at. the sub- poena duces tecum and see if it complies with the law. Code of Civil Procedure 1985. If the subpoena duces tecum involves a lawsuit covered by our liability insurance policy, then it should be immediately hand carried to the City Attorney' s Office, and we will immediately examine it and forward it to the insurance carrier attorneys, or call them if a Motion to Quash or other legal action seems appropriate . JAMES GEORGES e Dputy City Attorney JG: cs • a 9700 f CITY OF HUNTINGTON BEACH CA 7 6-2 0 COUNCIL - ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH To Honorable Mayor and From City--Admini-strator City Council Members Subject PROPOSED ORDINANCE #2043 Date February 25 , 1976 RE : "ALCOHOLIC USE PERMIT" Attached for your information is a proposed Ordinance adding Article '.9 -84 to the Huntington Beach Municipal Code which would permit the use or consumption of alcoholic beverages of not more than 24% volume by permit .within public buildings . This Ordinance was transmitted to the Recreation $ Parks Commission and the Library Board for their review and recommendation. Attached are transmittals from Norm Worthy, Secretary to the Recreation and Parks Commission, and Walter Johnson, Secretary to the Library Board, indicating their. respective positions regarding this matter. It was the contention of Mr. Johnson that some of the restrictions outlined under. Section 13 . 52 . 020 are too restrictive and might be modified by the City Council . Mr. Walter Johnson will be in attendance at the Council meeting to answer any questions relating to these proposed modifications . Respectfully submitted, David D. Rowlands City Administrator DDR/FGB :p Attachments �• 1V 0 � ' • - C E DJ CITY OF UNTINGTON BEAC H INTER-DEPARTMENT COMMUNICATION rr a J 0i31� I HUNTINGTON BEACH CITY OF HUNTINGTON BEACH ADP IMSTWMI OFF'i; To Honorable Mayor and City Council From Recreation $ Parks Commission Attn: David D. Rowlands , City Administrator Subject ALCOHOL USE PERMIT: Date February 18 , 1976 PUBLIC BUILDINGS At their last meeting, the Recreation & Parks Commission reviewed the proposed ordinance (attached) which would permit consumption of alcoholic spirits of not more than 24% volume by permit only within public buildings . Upon motion by Mr. Tom Cooper and second by Mrs . Betty .Kennedy, the Recreation .$ Parks Commission reaffirmed their original position of May 14, 1965 , to request the City Council to not allow consumption of alcoholic beverages within City operated parks or recreational facilities . The motion carried. Ayes- 5 , Noes- 0, Absent-3 , Abstain-1 (Mr. Rudy Lozano) . Respectfully submitted, 8 7 Norm Worthy, Sec etary Recreation $ Pa s Commission NW:ac cc: Recreation & Parks Commission Attachment : Proposed Ordinance CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Floyd G. Belsito From Walter Johnson Deputy City Administrator Library Director Subject ALCOHOL USE PERMIT Date February 2S, 1976 The -alcohol use permit was submitted to the Library Board at their last regular meeting. The Board is in favor of the ordinance generally, but feels that some of the language is more restrictive than necessary and it is hoped that these restrictions can be made less stringent. WJ: eh v 1 ORDINANCE NO. 2043 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON 'BEACH MUNICIPAL CODE BY AMENDING SECTIONS 13. 48.110 and 13. 52. 020(d) THEREOF AND BY ADDING THERETO NEW ARTICLE 9. 84, ENTITLED, "ALCOHOL USE PERMIT" The. Ci.ty Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Municipal Code is hereby amended by amending Section 13.48.110 and Section 13. 52 . 020(d) to read- as follows : 13. 4.8. 110 Alcoholic beverages . . No person shall consume or have in his or her possession, custody .or control any alcoholic beverage of any kind whatsoever, except when attending a function operating under an alcohol permit issued in accordance with Chapter 9 . 84 of this code. 13. 52. 020 Unlawful acts . It is unlawful for any person to do or commit , or for any person to cause . or permit to be done or committed on or within .the premises of any public building within the city, any of the following: (a) Disfiguration and Removal. Willfully mark, deface, disfigure, in.jure, . tamper with, or displace or remove, any building, bridges , tables , benches, fireplaces , railings , paving or paving material, waterlines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether- temporary or permanent, monuments, stakes , posts or other boundary markers , or other structures or equipment, faci- lities or park property or appurtenances whatsoever, either real or personal; :(b") Restrooms and Washrooms . Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of five years shall use the restrooms �naton. washrooms designated .forr the opposite sex; (c) Sani Have brought in or shall dump, deposit or leave any bottles , broken glass, ashes , paper, boxes , cans , dirt, rubbish, waste, garbage or refuse, or other trash; (d) Alcoholic Beverages . To consume any alcoholic beverages of any kind whatsoever, except when attending a function operating under an alcohol permit issued in accordance. with Chapter 9 . 84 of this code. MT: er 1. f A e (e) Vending and Peddling. Expose or offer for sale any article or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing; (f) . Advertising. Annouce, advertise or call the public attention in any way to any article or service for sale, or hire; (g) Signs . Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever. SECTION 2. The Huntington Beach Municipal Code is hereby amended by adding thereto new Chapter 9. 84. entitled "Alcohol Use Permit" to read as follows : Chapter 9 . 84 ALCOHOL USE PERMIT , 9 . 84 .010 Purpose. The declared purpose of this . chapter is to provide definitions and adopt uniform regulations for the use and consumption of beer and wine and similar alcoholic beverages within.. public buildings . Specifically excluded from this purpose is the use of distilled spirits. 9. 84 .020 Definitions . The following terms used in this chapter shall have the meanings indicated below: (a.) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine , from whatever source oir. by whatever process produced. (b) . "Alcoholic beverage" includes alcohol, spirits , liquor, wine , beer, and every liquid or solid containing alcohol, spirits , wines or beer, ,:and which contains one half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other sub- stances . (c) "Distilled spirits"means alcoholic beverage obtained by the distillation of fermented agricultural products , and includes the alcohol for beverage use, spirits of wine, whiskey , rum, brandy , gin, vodka, and including all dilutions and mixtures thereof. (d) "Beer" means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley , malt , hops, or any other similar product, or any combination thereof in water, and includes ale, porter, brown, stout, .lager beer, small beer, and strong beer, but does not include Sake, known as Japanese rice wine . 2 . (e) "Wine" means the product obtained from normal alcoholic fermentation of the juice of sound ripe .grapes, or other agri- cultural products containing natural or added sugar or any such alcoholic beverage to which is added grape brandy, fruit brandy, or ' spirits of wine , which is distilled from the particular agri- cultural products of which the wine is made,.. and other rectified wine products , and by whatever name and which does not contain more than 15 percent added flavoring, coloring, and blending material and which contains. not more than 24 percent of alcohol by volume and- includes Vermouth and Sake, known as Japanese rice wine . 9.84.030 Application. Application for alcohol use permits shall be made to the City Administrator, in writing, signed by the applicant if an individual, or by a duly authorized agent thereof, if a club , organization,, or corporation, and shall con- tain the following statements .and information: (a) The name , age and address of the applicant in the case of an individual; in the case of. a club, organization, or corpora- tion, the names and addresses of :the officers and directors of the club , organization or corporation; (b) The name of the facility the applicant seeks to occupy ;_ (c ) The date and hours of the occupancy; (d) The type of function planned for said' hours and date; (e) The number of persons expected to attend such function; (f) The type of food and beverages expected to be served at such function. A Five Dollar ($5 ) non-refundable application fee shall accompany each application. Said application must be made forty-five ( 45) days in advance of the planned activity. Said application may be cancelled forth-eight ( 48) hours prior to the scheduled activity without forfeiture of fees collected, except application fee . 9.. 84. 040 Restriction on permits . No such permit shall be issued to a person who is not of good character or reputation in the community in which he resides . 9. 84. 050 Application. - Approval . Copies of the applica- tion made .with the City .Administrator shall be' delivered to the Police Department and the. department director in charge of the facility sought to be used. The Police Chief or said department director shall examine the application and shall deliver to the 3. City Administrator within ten (10) days of receipt of the appli- cation a report containing any comments , possible schedule con- flicts , .and any suggestions for additional requirements of the ' applicant pertaining to the requested use. The City Administrator shall inform the applicant within twenty (20) days of the receipt of the original application of his decision to either approve or deny the issuance of a permit . Upon making such decision, he shall: (1) In the case of approval, notify the applicant in writing .of the approval, inform him of any fees that shall be required, and provide him with a copy of Sections 9 . 84 .040 . and 9.' 84.070 of this code. (2) In the case of denial, notify the applicant in writing of the denial , and provide him with a copy of Section 9 . 84 .060 of this . code. . 9. 84. 060 Application--Denial--Appeal .procedure . The pro- cedure for appeal following the denial of an application is as follows . . (a) Within seven (7) days-. after the receipt of the notice of denial the applicant shall file a notice of appeal with .the City Clerk,, addressed to the City Council, and stating the basis of the appeal. (b) The City Clerk shall schedule a hearing to- be held within fifteen (15) 'days of the filing of the notice of appeal. The City Clerk shall cause the applicant to be given notice of the hearing by certified mail at least five (5) days in advance of the date of the hearing. The applicant , or his designated representative, may appear before the City Council , and make an oral 'presentation of the appeal, or he may make the appeal through a written statement , or he may do both. The City Council shall rule on the appeal within fifteen (15) days after it is heard and such ruling shall be final . �84 .070 Requirements. The following requirements shall be met and shall be the responsibility of each person securing an alcoholic use permit: (a) A cleaning deposit in an amount determined by the City Administrator shall be deposited with the City Treasurer at least forty-eight ( 48) hours prior to the scheduled activity. (b) A damage. deposit, bond, or proof ,of insurance in an amount determined by the City Administrator shall be deposited with the City ' Treasurer at least forty-eight ( 48) hours prior to the scheduled activity . 4. (c) If a determination is made by the City Administrator, any department director, or the Chief of Police that extra labor ' shall be required at the activity, the cost of said labor shall be estimated and a like amount deposited with the City Treasurer at least forty-eight (48) hours prior to the scheduled activity, according to the following rates: (i) Custodian - $7. 50 per hour per custodian. (ii ) Regular police officer - $11.00 per hour, per officer. (iii ) Reserve police officer - $7 .50 per hour per officer, and (iv) Fire Marshal $.11.00 per hour per marshal. (d). Proof of an alcoholic beverage control license shall be Provided if alcohol is to be sold during the scheduled activity. 9. 84..080 Prohibited activities. The following activities are hereby prohibited in connection with the issuance of any alcoholic use permit: (a) No beer, wine, or distilled spirits containing more than 24 percent of alcohol by volume shall be served. (b ) No alcohol or alcoholic beverages shall be served to minors . (c) All minors must be accompanied by a parent , adult relative or legal guardian. (d) There shall be no concurrently scheduled youth activities in the same facility . (e ) No alcohol or alcoholic beverages shall -be served after 1 a.m. (f) No leftover food or beverages shall be allowed to remain on the premises. (g) There shall be no structural or electrical alterations to the premises occupied. (h) There shall be no use of decorations other than those approved by the department director responsible for the premises. (i) There shall be no removal or relocation of chairs, tables , .or other furniture or equipment without written permission of the department director responsible for the premises . 5. (� ) No person except for a cleanup crew shall remain in the premises after 1: 30 a.m. (k) There shall be no use of the premises other than noted in the permit. SECTION 3. If any section, 'subsection, sentence, clause, phrase or portion of this ordinance, or any .future amendments or additions hereto, is for any reason held to be invalid or un- constitutional by the decision of any court of competent juris- diction, such decision shall not affect the validity of the re- maining portion of this ordinance, or any future amendments or ' additions .hereto. The. City Council of the City of Huntington Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion or any future amendments or additions thereto, irrespective of the. fact that any one or more sections , subsections , clauses, phrases, portions or any future amendments or additions thereto be declared - invalid or unconstitutional. SECTION 4. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the pas- sage of this ordinance and cause same to be published within fifteen days after adoption in the .Huntington Beach News , a weekl-y newspaper of general circulation, printed and published (� in Huntington Beach, California. �a PASSED A14D ADOPTED y the City Council of the City of Huntington Beach at a`OL r gular eeting thereof held on the day of March, 1976 . ATTEST: ity le APPROVED AS TO CONTENT: APPROVED AS TO FORM: : City Administrator City AttoVey M.T APPROVED BY . INITIATING DEPARTMENT w 6 . + _d. No. 2043 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 member- 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 _ , _ day of Ma chp 19 .76 and was again read to said City Council at a regular adjt,,,r„Pa meeting thereof held on the 2 day of Mat,c} 19 _, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bartlett, Matnev, Duke, Gibbs NOES: Councilmen: None ABSENT: Councilmen: Wieder, Coen, Shipley City.Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ^f , ,IVHITE-CITY ATTORNEY % BLU E CITY-CLERK CITY OF HUNTINi.-JN BEACH, No. �- ;i - --y GREfEN-CITY ADMINISTRFIT OR ` CANARY-DEPARTMENTAL.�t �u�n.uo.na� REQUEST for ORDINANCE or RESOLUTION Date '$Request made by Department f 9/23/7,53Administration . INSTRUCTIONS: Fite,.request in the City Administrator's Office quickly as possible but not.lafer than noon,'one week prior to the Council Meeting at which it is to be.introduced. Print or type facts necessary for City Artorney's use in preparation of ordinance. in a separate paragraph outline briefly ieasons for`the request of Council Action:Attach all papers pertinent to the subject.All appropriation requests must -be cleared and approved by the Director of Finance.before submitting to City Administrator's Office. Preparation of an Ordinance or Resolution is hereby requested: The following ordinance was requested in a mce;ling with .Mark Travis on :A imt Jlth Plddte prepare an ordinance allowing the use of beef;' -vine and champagne withf . public facilities with the following stipulatid-is : ; i Alcolivi use will 'not be al lowed in a, fi�:ual ding eoncu�rent rJl tih youth- activities . 2. .Alcohol will not be( allowed. in-. City Dail. . Ai1' 'State Alcoholic Beycrago �iat4p rol laws l =fie strictly ; a° followed. s ..• Po nit must I 4- app1Xed f© .and 4pproved by -tie affected •' d.ep, artmentt ' the: Police Department and the City Administtator. _ W. 11 �o. s� rovea only --If following,- condition are met -A:, Damage deposit B. Security 4-uard if Police., D-dpar-tt t doeras necessary. C., Permit.tee• to p .costs of any 'extra labor --D., Ihsu'rance or .bond ; �A Desired effec_Live date: Signed: Approved-as to availability of funds Director of Finance City Attorney Please prepare and submit printed copies to this office by: .a. �- . t;, City Administrator (e) "Wine" means the product obtained from normal alcoholic fermentation of the juice of sound ripe grapes, or other agri- cultural products containing natural or added sugar or any such alcoholic beverage to which is added grape brandy, fruit brandy, or spirits of wine, which is distilled from the particular agri- cuZturaZ, products of which the wine is made, and other rectified wine products, and by whatever name and which does not ontain c .more than Z5 percent added flavoring, coloring, and �Z7ending material and which contains not more than 24 percen Hof alcohol by volume and includes Vermouth and Sake, known as apanese rice • wine. 9. 84. 030 Application. Application for cohoZ use permits shall be made to the City Administrator, in f riting, signed by the applicant if an individual, or by a duly authorized agent thereof, if a club, organization, or corp -ration, and shall con- tain the following statements and inform Lion: (a) The name, age and address o , the applicant in the case of an individual; in the case of a c b, organization, or corpora- tion, the names and addresses of thofficers and directors of the club, organization or corporat2on; (b) The name of the facilit.� the applicant seeks to occupy; (c) The date and hours of the occupancy; (d) The type of functio planned for said hours and date; e) The number o er;ons expected to attend such function; ( of p f , (f) The type of foo and beverages expected to be served at such function. A Five Dollar ($5) non-refundable application fee shall accompany each appZi�tion. Said appZicatz*on must be made forty-five (45) days in advance of the planned actz zty. Said application may be cancelled forth-eight (48) h urs prior to the scheduled activity without forfeiture of feed collected, except application fee. 9. 84. 040 Rltrietion on permits . No such permit shall be issued to: (a) A le on who is not a resident of the city . y 9- (b) A person who is not of good character or reputation in the eommunit in which he resides. X(C) A person who is not a citizen of the United States. Y(d) person who has been convicted of a felony. (e) A person who has been convicted of any other crime involving moral turpitude. 3• r 9. 84. 050 Application - Approval. Copies of the applica- tion made with the City Administrator shall be delivered to the Police Department and the department director in charge of the facility sought to be used. The Police Chief or said department director shall examine the application and shall deliver to the City Administrator within ten (ZO) days of receipt of the appli- cation a report containing any comments, possible schedule con- fZicts, and any suggestions for additional requirements of the applicant pertaining to the requested use. The City Administrator shall inform the applicant within twenty (20) days of the receipt of the .original application of his decision to either approve or denylthe issuance of a permit. Upon making such decision, he shaZZ (Z) In the case of approvaZ, notify the applicant in writing of the approval, inform him of any fees that shall be required, and provide hile copy of Sections 9. 84. 040 and 9. 84. 070 of this co (2) In the case onotify the applicant in writing of the denial, and provith a copy of Section 9 . 84. 060 of this code . 9. 84. 060 A ZicatlLon--Denial--A eaZ procedure. The pro- cedure for appeal foZZ,owing the denial of an application is as follows : (a) Within seven (7) days after the receipt of the notice of denial the applkcant shall file a notice of appeal with the City Clerk, addressed to the City Council, and stating the basis of the appeal. (b) The -City Clerk shall schedule a hearing to be held within fifteen (Z5) days of the filing of the notice of appeal. The City Clerk shall cause the appZicant to be given notice of the hearing] by certified mail at least five (5) days in advance of the dat;'e of the hearing. The applicant, or his designated representative, may appear before the City Council, and make an oral presentation of the appeal, or he may make the appeal through =a written statement, or he may do both. The City CounciY shall rule on the appeal within fifteen (Z5) days after it is If and such ruling shall be final. 1f 9. 84. 070 Requirements. The following requirements shall be mdt and shall be the responsibility of each person securing an alcoholic use permit: (a) A cleaning deposit in an amount determined by the Cit Administrator shall be deposited with the City Treasurer at least forty-eight (48) hours prior to the scheduled activity. (b) A damage deposit, bond, or proof of insurance in an a, 'ount determined by the City Administrator shall be deposited with the City Treasurer at least forty-eight (48) hours prior to the scheduled activity . 4. (c) If a determination is made by the City Administrator, any department director, or the Chief of Police that extra labor shall be required at the activity, the cost of said labor shall be estimated and a like amount deposited with the City Treasurer at least forty-eight (48) hours prior to the scheduled activity, according to the following rates: (i) Custodi'an - $7. 50 per hour per custodian. (ii) RegufZ64 police officer - $ZZ. 00 per hour, per officer. (iii) ResIrve police officer - $7. 50 per hour per officer, ad (iIZcohoZ re Marshal - $Z1. 00 per hour per marshal. (d) Prf an alcoholic beverage control license shall be provided if is to be sold during the scheduled activity . 9. 84. 0 0 Prohibited activities. The following activities are hereby prohibited in connection with the issuance of any alcoholic se permit: (a) No beer, wine, or distilled spirits containing more than 24 pert nt of alcohol by volume shall be served. ( J No alcohol or alcoholic beverages shall be served to minors . (c) All minors must be accompanied by a parent, adult reZa ive or legal guardian. (d) There shall be no concurrently scheduled youth activities in he same facility. (e) No alcohol or alcoholic beverages shall be served after Z a. m. (f) No leftover food or beverages shall be allowed to remain n the premises . (g) There shall be no structural or electrical alterations to the premises occupied. (h) There shall be no use of decorations other than those approved by the department director responsible for the premises . (i) There shall be no removal or relocation of chairs, tables, or other furniture or equipment without written permission of the department director responsible for the premises. (�j) There shall be no use of the facilities for partisan ' poZit • Z or religious activities . E 5 . LLd vt � 4-7 l f71, ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 13 . 48.110 and' 13. 52 . 020 (d) THEREOF AND BY ADDING THERETO NEW ARTICLE 9 . 84, ENTITLED, "ALCOHOL USE PERMIT" The City Council of the City of Huntington Be ch does ordain as follows : SECTION 1 . The Huntington Beadh Municip Code is hereby amended by amending Section 13. 48.110 and ction 13 . 52. 020 (d) to read as follows : 13. 48. 110 Alcoholic beverages . o person shall consume or have in his or her possession, cus ody or control any alcoholic beverage of any kind whatsoever, ex ept when attending a function operating under an aZcohol permit 'ssued in accordance with Chapter 9. 84 of this code. 13. 52. 02 Unlawful,/acts . It is unlawful for any person to do or commi , . or for any p son to cause or permit to be done or committed on or within th premises of any public building within the city;\ any of the following: (a) Disfiguration d Removal. Willfully mark, deface, disfigure , injure , mpe with, or displace or remove, any building, bridges , tals, s , benches , fireplaces , railings , paving or paving matey 1, waterlines or other public utilities or parts or appurten ce'b thereof, signs , notices or placards whether temporary or perm�ent, monuments, stakes , posts or other boundary mark rs , or o% er structures or equipment , faci- lities or park pro erty or appurtenances whatsoever, either real or personal; (b) Restr oms and Washrooms . ail to cooperate in maintaining re trooms and washrooms 1 a neat and sanitary condition. N7person over the age of I've years shall use the restrooms and washrooms designated f the opposite sex; (c) lxnitation. Have brought in or sh 11 dump, deposit or leave aAy bottles, broken glass, ashes , pap r, boxes , cans , dirt, rubbish, waste, garbage or refuse, or oth trash; (d) Alcoholic Beverages . To consume any alcoholic beverages of any kind whatsoever, except when attending a function operating under an aZcohoZ permit issued in accordance with Chapter 9. 84 of this code. MT:er 2/2/76 1. Ce) Vending and Peddling. Expose or offer for sale any article or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing; (f) Advertising. Annouce, advertise or call the public attention in any way to any article or service for sale or hire; (g) Signs . Paste, glue, tack or otherwise po:5•t any sign, placard, advertisement or inscription whatever. SECTION 2 . The Huntington Beach Municipal C,bde is hereby amended by adding thereto new Chapter 9 . 84 entit/led "Alcohol Use Permit" to read as follows : Chapter 9. 84 ALCOHOL USE PERMIT 9. 84. OZO Purpose. The declared pu pose of this chapter is to provide definitions and adopt un*�jj orm regulations for the use and consumption of beer and wifie and similar alcoholic beverages within public buildings. S ecificaZZy excluded from this purpose is the use of distiZZe spirits. 9. 84. 020 Definitions. The following terms used in this chapter shall have the meanings ' dicated below: (a) "Alcohol" means ethyl aZcohoZ, hydrated oxide of ethyl, or spirits of wine, from whate er source or by whatever process produced. (b) "Alcoholic bevera e" includes alcohol, spirits, liquor, wine, beer, and every Ziqu 'd or solid containing alcohol, spirits, wines or beer, and which contains one half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when dig ted, mixed or combined with other sub- stances . (c) "Distilled s irits " means alcoholic beverage obtained by the distillation c fermented agricultural products, and includes the aZcohoZ or beverage use, spirits of wine, whiskey, rum, brandy, gin, vo ka, and including all dilutions and mixtures thereof. (d) "Beer" m ans any alcoholic beverage obtained by the fermentation of an infusion or decoction of barley, malt, hops, or any other simi ar product, or any combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer, but does not include Sake, known as Japanese rice wine. 2. (e) "Wine" means the product obtained from normal alcoholic fermentation of the juice of sound ripe grapes, or other agri- cultural products containing natural or added sugar or any such .alcoholic beverage to which is added grape brandy, fruit brandy, or spirits of wine, which is distilled from the particular agri- cultural products of which the wine is made, and other rectified wine products., and by whatever name and which does not contain more than Z5 percent added flavoring, coloring, and blending material and which contains not more than 24 percent of alcohol by volume and includes Vermouth and Sake, known as Japanese rice wine. 9. 84. 030 Application. Application for aZccvhoZ use permits shall be made to the City Administrator, in writing, signed by the applicant if an individual, or by a duly authorized agent thereof, if a club, organization, or corporation, and shall con- tain the following statements and informatio (a) The name, age and address of the applicant in the case of an individual; in the case of a club, 1rganization, or corpora- tion, the names and addresses of the officers and. directors of the club, organization or corporation; (b) The name of the facility th applicant seeks to occupy; (c) The date and hours of the occupancy; (d) The type of function pZ nned for said hours and date; (e) The number of persons expected to attend such function; (f) The type of food an beverages expected to be served at such function. A Five Dollar ($5) non refundable application fee shall accompany each application Said application mus be made forty-five (45) days in advance of the planned activity . Said application may be cancelled forth-eight (48) hours rior to the scheduled activity without forfeiture of fees coZZected, except application fee. 9. 84. 040 Restri tion on permits . No such permit shall be issued to a person whA is not of good character or reputation in the community in hich he resides. 9. 84. 050 A Z cation - Approval. Copies of the applica- tion made with the City Administrator shall be delivered to the Police Department nd the department director in charge of the facility sought t be used. The Police Chief or said department director shall ex mine the application and shall deliver to the 3. l ` 4 City Administrator within ten (ZO) days of receipt of the appli- cation a report containing any comments, possible schedule con- fZicts, and any suggestions for additional requirements of the applicant pertaining to the requested use. The City Administrator shall inform the applicant within twenty (20) days of the receipt of the original application of his decision to either approve or deny the issuance of a permit. Upon making such decision, he shall: (Z) In the case of approval, notify the applicant in writing of the approval, inform him of any fees that shall be required, and provide him with a copy of Sections 9. 84. 040 and 9. 84. 070 of this code. (2) In the case of denial, notify th/e appZicant in writing of the denial, and provide him with a copy of Section 9. 84. 060 of this code. 9. 84. 060 A Zication--DeniaZ--A 1peal procedure. The pro- cedure for appeal following the denial of an application is as follows : (a) Within seven (7) days a er the receipt of the notice of denial the applicant shall file a notice of appeal with the City Clerk, addressed to the Ci. y Council, and stating the basis of the appeal. (b) The City Clerk sha Z schedule a hearing to be held within fifteen (15) days of'the filing of the notice of appeal. The City Clerk shall causVail the applicant to be given notice of the hearing by certified at least five (5) days in advance of the date of the heari Vg. The applicant, or his designated se reprentative, may appeAr before the City Council, and make . an oral presentation of the appeal, or he may make the appeal through a written stat ment, or he may do both. The City Council shall rule on the appeal within fifteen (Z5) days after it is heard and such ruling shall be final. 9. 84. 070 Regz 'rements. The following requirements shall be met and shall bh the responsibility of each person securing an alcoholic useiermit: (a) A clec�re/ing deposit in an amount determined by the City Administrq: or shall be deposited with the City Treasurer at least forty eight (48) hours prior to the scheduled activity. (b) A mage deposit, bond, or proof of insurance in an amount deter fined by the City Administrator shall be deposited with the City Treasurer at least forty-eight (48) hours prior to the sche�uZed activity. 4. (c) If a determination is made by the City Administrator, any department director, or the Chief of Police that extra labor shall be required at the activity, the cost of said labor shall be estimated and a Zike amount deposited with the City Treasurer at least forty-eight (48) hours prior to the scheduled activity, according to the following rates : (i) Custodian - $7. 50 per hour per custodian. (ii) Regular police officer - $ZZ. 00 per hour, per officer. (iii) Reserve police officer - $7. 50 per hour per officer, and (iv) Fire Marshal - $ZZ. 00 per hour per marshal. (d) Proof of an alcoholic beverage control license shall be provided if alcohol is to be sold during the scheduled activity . 9. 84. 080 Prohibited activities. The following activities are hereby prohibited in connection with the issuance of any alcoholic use permit: (a) No beer, wine, or distilled spirits containing more than 24 percent of alcohol by volume shall be served. (b) No alcohol or alcoholic beverages shall be served to minors. (c) All minors must be accompanied by a parent, adult relative or legal guardian. (d) There shall be no concurrently scheduled youth activities in the same facility . (e) No alcohol or alcoholic beverages shall be served after Z a.m. (f) No leftover food or beverages shall be allowed to remain on the premises . (g) There shall be no structural or electrical alterations to the premises occupied. (h) There shall be no use of decorations other than those approved by the department director responsible for the premises. (i) There shall be no removal or relocation of chairs, tables, or other furniture or equipment without written permission of the department director responsible for the premises . 5• , r No person except for a cleanup crew shall remain in the premises after Z: 30 a. m. k, (< There shall be no use of the premises other than noted in the permit. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance, or any future amendments or additions hereto, is for any reason held to be invalid or un- constitutional by the decision of any court of competent juris- diction, such decision shall not affect the validity of the re- maining portion of this ordinance, or any future amendments or additions hereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections , clauses, phrases , portions or any future amendments or additions thereto be declared invalid or unconstitutional. SECTION 4 . This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the pas- sage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at 'ia _regular meeting thereof held on -the Z-2n01_' -_day of March, 1976 . = ' ATTEST: Mayor City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: City Administrator NO FIS6 1 yl ffney APPROVED BY INITIATING DEPARTMENT FISCAL IMPACT -- BUDGETED - FISCAL IMPACT -- NOT BUDGETED - 6. REQUIRES FINANCIAL IMPACT REPORT - CITY OF HUNTINGTON BEACH CA 73- 73 COUNCIL-ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH To Honorable Mayor and From City Administrator City Council Members Subject . ENVIRONMENTAL IMPACT Date June 15 , 1973 REPORTS At the May 2:1 , 1973, City Council meeting, Councilman Green expressed concern that the procedures being followed in process- ing Environmental Impact Reports may not be in strict compliance with State Guidelines . This matter has been investigated and it was determined that , although there are many grey areas which lack specific direction, there are a few changes that should be instituted. These changes are as follows : 1. Provide a place on the Planning Commission and City Council agendas for the adoption of Environmental Impact Reports prior to action being taken on the application relating thereto. 2. Transmit a copy of the Environmental Impact Report to the County Clerk. 3. Require an Exemption Declaration or Environmental Impact Report on all Master Plan amendments , Code amendments which affect land use , and Planning Commission initiated zone changes . Another problem that needs correction and is presently being investigated by the City Attorney's office is that the State law (Subdivision Map Act) and City ordinances require that action be taken on an application within a specific period of time. These time limitations are in conflict with the time needed to process an Environmental Impact Report. For example , action on a zone change must be taken within 95 days of the date the application is filed. All applications to the Board of Zoning Adjustments must be acted upon within 30 days of the date that they are filed. Any action on tentative tracts must be taken within 50 days . These time constraints are virtually impossible to meet when a project may require an Environmental Impact Report. An Environmental Impact Report takes approximately 4 months from the time it is determined that an EIR is required until it is approved by the Environmental Review Board. In order to keep the City Council advised of the environmental aspects and status of a project, all transmittals and requests for Council action on matters requiring environmental review will include a statement of the project status . In addition, the Environmental Review Board's transmittal on a project will be UA / J- / J Environmental, Impact Reports -2- June 15 , 1973 included in the Council ':s packet and a copy of the final Environ- mental Impact Report or Exemption Declaration will be mailed to the City Council in advance . I hope that the City Council realizes that much of the law concerning environmental matters. is in a state of change and, therefore , subject to different interpretations . Becans-e of this it may be necessary from time to .time to re-evaluate our procedures so that they may be in line with recent court inter- pretations , Attorney General opinions , and City Attorney opinions . Respectfully submitted, 2avi Rowlands City Administrator DDR:eh RESOLUTION NO. 3684 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A POLICY RE- GARDING THE PARTICIPATION OF SUPERVISORY AND MANAGERIAL PERSONNEL IN SERVICE CLUBS AND CIVIC ACTIVITIES WHEREAS , the City Council of the City of Huntington Beach desires to establish a policy concerning the partici- pation in service and civic organizations by certain super- visory employees of the city; and The City Council of the City of Huntington Beach desires full communication between itself, supervisory and managerial personnel, and the city service clubs and civic organizations whose members include many civic and public-spirited citizens ; and The Council has determined that it is of utmost impor- tance to encourage supervisory and managerial officials of the city to join and become active in city service clubs and civic organizations ; and The need for city officers and employees to participate in such organizations is of prime importance so that such officials and personnel may effectively communicate the policies and programs of the City Council to the citizens of the community , and expenses. in connection with participation in such city service clubs and civic organizations is a valid and necessary expense , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that expenses incurred by such officials and employees in participating in the aforementioned service clubs and civic organizations shall be considered as ordinary and necessary business expenses of city employment : . 1 . 1 r v' PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of May , 1973 • Play ATTEST: .4e City Clerk APPROVED AS TO FORM: moo City Attorn 2 . a r Res. No. 3684 STAB-, of CALIFORNIA ) COUNTY OF owwr E, ) ti CITY OF HUNTINCTON BEACH ) ,I, .ALICIA M. WENTWORTH, the duly appointed, 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 7th day of May 19 73 by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Mathew NOES: Councilmen: Norte ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California �riE FOREGOING 11vSTRU;vt:ati'f IS A CORkLt.; COPY OF THE ORI_:.lNA_L ON FILE IN .THIS OFFICE >" ATI-EST ............. ------ 19 7 n L.....-.c City Clerk and-Ex-cfficio Clerk of the City.Council the City of Huntington_ Beack, ,Al RESOLUTION NO. 3687 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE OBJECTIVES AND PRINCIPLES OF THE DEVELOPMENT SECTION OF THE POLICY PLAN WHEREAS, the City Council of the City of Huntington Beach desires to adopt the Objectives and Principles of the Development Section of the Policy Plan; and The Citizen's Steering Committee for Goals and Objectives have submitted a Policy Plan to the City of Huntington Beach; and The Planning Commission held a public hearing on April 17, 1973 on the Development Section of said Policy Plan report which includes a statement of Objectives and Principles in each of the following sections : 1 . Residential Development 2 . Commercial Development and Tourism 3. Industrial Development 4 . Transportation and Circulation 5 . Annexation 6 . Fiscal Planning NOW, THEREFORE, BE IT RESOLVED, that the Objectives and Principles as set forth in these sections as amended by the Citizen' s Steering Committee and Planning Commission are hereby adopted for inclusion as a part of the Master Plan for the City of Huntington Beach . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th 1. day of May, 1973 I, k Mayor . ATTEST: APPRpVED AS TO FORM: City Clerk ... city City Attorney t 2. - r Res. No. 3687 STATE 11I7 CAIJ1011N1A ) COUNTY Ol? (1RANC1: CITY OF IIUNTINGTON BI:ACII ) •I, ALICIA M. WENTWORTH, the duly appointed, 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 7th day of May 19 73 by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None �.-9'Ze6eA City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California c F _(EGOlNG .INSTRUMENT IS,A ,:OPY OF THE,.ORI INAL_ON'.FILE_7N THIS OEf iu ATTEST..-- '''��• - -- ..._..._._-.�.._.19.2---3 \ - City Clerk iand i-cfficio Clerk. of the City Counci of the 'City of Huntington"Beach, Cal. ' -. Dear,, March 261, 1973 To: City Council From: City Attorney Subject : Ordinance Prohibiting Smoking during Meetings of the Council and all Council-appointed Boards and Commissions At the request of the Council , we transmit herewith an ordinance of the City of Huntington Beach prohibiting smoking during all meetings of the Council , and council- appointed boards and commissions . Respectfully submitted, DON P. BONFA City Attorney /er Attachment U� v April 4 , 1973 G T0: City Council FROM: City Attorney SUBJECT: Resolution Probibiting Certain Activities in Meeting Rooms During Formal Meetings At the direction of the Council, we transmit herewith a resolution which prohibits certain distracting activities during any formal meeting of the City Council or any council-appointed board or commission. Respectfully submitted, DON P. BONFA City Attorney DPB: lm Attachment V April 30 , 1973 To : City Council From: City Attorney Subject : Resolution Establishing Policy for Participation of Supervisory Employees in Civic Organizations and Service Clubs At the request of the City Administrator, we transmit resolution establishing policy encouraging participation of managerial personnel in service clubs and civic organi- zations , and adopting the policy that expenses incurred by city officials and management employees in participating in service clubs and civic organizations shall be considered as ordinary and necessary business expenses of city employ- ment . The resolution does not provide for reimbursement . Respectfully submitted, • DON P . BONFA City Attorney DPB : er RESOLUTION N0. 3 b v A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A POLICY RE- THE PARTICIPATION OF SUPERVISORY AND MANAGERIAL PERSONNEL IN SERVICE CLUBS AND CIVIC ACTIVITIES WHEREAS , the City Council of the City of Huntington Beach desires to establish a policy concerning the partici- pation in service and civic organizations by certain super- visory employees of the city; and The City Council of the City of Huntington Beach desires full communication between itself, supervisory and managerial personnel, and the city service clubs and civic organizations whose members include many civic and public-spirited citizens ; and The Council has determined that it is of utmost impor- tance to encourage supervisory and managerial officials of the city to join and become active in city service clubs and -civic organizations; and The need for city officers and employees to participate in such organizations is of prime importance so that such officials and personnel may effectively communicate the policies and programs of the City Council to the citizens of the community , and expenses in connection with participation in such city service clubs and civic organizations is a valid and necessary expense , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that expenses incurred by such officials and employees in participating in the aforementioned service clubs and civic organizations shall be considered as ordinary and necessary business expenses of city employment . 1 . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of May , 1973 . Mayor ATTEST: Acting City Clerk APPROVED AS TO FORM: City Attorn r. 2 . ..,. He 4 CITY OF HUNTINGTON BEACH COUNCIL-ADMINISTRATOR COMMUNICATION CA 73-55 ^n '' HUNTINGTON BEACH To Honorable Mayor 'and From City Administrator City Council Members Subject RESOLUTION NO. 3682 Date May 1 1973 { At the March 5 , .1.973 City Council meeting the City Council considered a request from Huntington Harbour Corporation- for 50%: credit on park and .recreation fees for Trict .8005 pursuant. to .Section 9981 . 8 of the- Ordinance Code. � At - that time the City Council was advised that .prior to granting credit; for ;.a special facility, 'a resolution must b:e. adopted _ .. .. setting:'forth standards respecting the size, shape. ,and location of '.such special facility. before any credit ,may be t .granted-. . As a result, the City Council directed. that a resolution be drafted pursuant to the provisions .of. "the v: Code �. The :attached-;resolution incorporates the. .i.deas which were_` iousl discussed b the committee formed`.to stud the prey, y y Y - �,< amount of. credit which should be given toward special facilities in the Huntington Harbour and Huntington' Beach Company developments . Recommendation: I would like to recommend that the City Council adopt Resolution ,No. 3682 . :Respectfully submitted, f David D. Rowlands.. City Administrator' DDR:eh Attachment . _ - _-v—_ w - 7 i. }.aSP\} ter { $ i �, -,l ; II { '' - t (l rt 1� 44~ 5 `. - ><`}7 '1' ;vs.y ` i T `r E f . -1 T'Z. 4 i f 1 sd- �-; } `tip 1` ; r'Sj .t!) ii. s,s'r �T , { -1., -, t - t ix ' - +. v.,t `1 ,rt'. t 1 - q y r. .a.. Sl r4�_ 4 tK+�.bi'! H J. 2� Y >-rt 1 +'r.f f - J S --5 y Z 5 -A y5h ~ ) S f't r ,a -e- .t ti - ig T - t -X.0 -.i _ i hiY ti' 1fL'�'' ,. `�, _,;* 7 ;.CITYOF HUIITIIi1Q _TON .BEACH ` ' _ t >r �{ w - ,1 tw '�+, d� 4'', ' ., �} , � _ INTER DEPARTMENT COMMUNJCATION , ,t Y 'r ' t $ �r •T ;� �t :s Y F ro. Y --•�. > 'TT.t� t---.r r,:kr "-r: -1 _, - -S t.l r 4cb i<+ - } r 7 , -t r -. {i'�HUNTINGTO�1 - 1 t,-°_"j , i 's - _ -, - F .y i.)°F --, } -:s a - ;kY`rz sE il•#x,, {lam -3}� i7 <tJ,k�,1.r "- w h i '1 r _ 7y- '{3 -x { t,=- W j } ..ft - -f r 41 �.c 1-1 r = 1 h�i e ,4-- 1 _ f} S r 1�2"Z�,as.r- 9.f ai L S w� s�`# ° F:y {' , _ tf 1 z,. - Y a r -F •�, y s - f C7 r/i r '7 .A-a 4 t.;} _ y4ti k rj.��•-. tkFk� tb r t -"x t_ - � r -_, 4 - - , - �5+ _ f ay .,r i r C•J.2%t.4:.4vTo ..`Ir';,k D�ck�Harlow _"" t y � i �{ From Jim JPa1in: ri s s h _tr r, � *.: tot _t' Y - .r4 -J -.s a _ t. e t r x Sv Y 7-. c - x- i r- - S k --�` E ;,-T,.ti�.1 -"i r h ,{ -1 e 1•"-'7.-x -� li, ., T - 3 t -i r - '!" ,y tt k.,,q } "1'ti 1� 11_'7.; YS.i al n. �(•ft 1 u_- t •: <- - _FSs^ #o� _ r F c - _ h - x '}� , SubiecfNRESObUTION ;FOR ;ADOPTION S � _ Date Aprii '°2,; 19?73t ,t 5 •: - 1 t .}i }`f J 1 3 1• C i 1 _ , k as-- 71t 5 _ } x -7"2{ i - t - } BY CITY GOUN,CSIL�� CRITERIA � :. , " t T" �; j , u , ;�,SETTLNG, FORTH STANDARDS 'AS TO SIZE, SHAPE' , "' JJ , T' ' y ANC' LOfCATIQN FOR A PERCENT CREDIT OF.-'PARK'. rt _ M f 7 rr ;`ifvnLfz�r"' { _' € '°A#DtyRECREAT�ION` FEES 5 h j �` 1�' :, ` { �.. 1 lh I itt =P hl �'--_ T "4 7�1 y1 1`tkily L '3 JR,{ 5 ` -a } ,y'1•�i/ ' t J i - 1. (. d 1 V�'Nt %r't� '� 1 'Y iq i JF -lr-T - a n r --_ ! r. } - _ ° JH. 3 t, v i s ? 4'1 i • C _; �" :,�" f `j ,1. 'Sa 'd 'spe6id sfaciiisty, shall be at 1oc'a'tions asl�pn '� t r 3 5 E & / `���-r a-1- .-Cr f ��' T ✓ - 1 { r Y - t . - -3 r,�. J _ �s -.jr f' 4 1 t rjthe city s Master P14an of Open Space _ If, not shown } �, 4, '�� F f� �:,y {j 1 at".�the time-`"cre:dit pis 'approved,_ :the Master P�lan sliall�'.� s . 1 xr ;sr �r ; 1' .,,�Iabe 'amended within 120 days to reflect said yspecial r �' 5 `Y 11t . nL ,t lr . rf d.£ f J g t , S . i iFt 33tt yyc 1 5 } 1 - .� �C � Tfaai3l i.ty r' - , i. ' 7S f" � 4 b [. r S" V� c r _Y ; - ' 5 r- _ c ,t j 1 J_ J 4'I .}� ✓.t S ♦ F d ,— Tw 'it t2 1• F I't',S• ` - - k_ rs-`ari h fro - 7 s - - - �� s!`- 2 - '�.- 7 - , r Y r Y ly7 ;r k,�� ;t¢ �i d �2: Anly; specia f cili�ty; allowed a percent of Cre xtwto -J 7 .. t t�{,�,{� ;} .{ _ .�;,. tether} 'required Park and R�:cxeation fees shal�l" b�,7'of��a, � ,�" qf `V�N-, Jlk-F , 4L- n '7 `r'r Y �' e t - t 'sti .• -'.1•,:r'f +.r i1f Tr r �r '.s. _t 1.. ': ,x'.-, : 45;; `7 t , ?�,"�;,'shape and` design to��affdYd- mafximum usability y,liy{�tl he ;_ j r~�r,_ `{�. ti �j�general: public to twhichz said ,faci_lity%is ;devot'ed or ff �% j- -4„syy .c'ti .e .-�¢ -, �!. i ;.t YL -3 - •,--�. ti-.c 7' 3,.-7; �tr'S:.,r+:, -< .4 )&-✓7",.,.: ",.,; = t s�ti µ�dedicated��tthr`ough,,the development Loft}vi{sta{�,and/©rig ��} .r , fF {c T 5 L q 4. = {Z';y^'�t i S �•U} ! - , J l A Y.Ti ✓ S i F- { a 3 } ; sy„ �� t L,;' 1 r pedestrian accessr points' ,� �il3z � F t , -{ T't qr „rT t.. ii - 9 - a .,., `.:1 ; - 1 - - - P - - �'Lak -r' r 4 - r r ��1 it a r . T �t s 1 F 4 41J �_ �';.� xut ' 3. �cAl'1 special facilities approved for credit` shal'i�rctY j ;1 ' f;" , 'consist of ,10 to 40�'contiguo.us'.-aeres- ;minlint m ze Lto "1 �r'A'` h 1 R ` �'�complIy' :with the `'city's standards :for 'a community : ' . 7 Ake '4. f a_), 3 4'_ [' ) - S ! �r .r a , a;' < r 14 � 171 h cia faCll-� ys is ;rite ded r,, q fact lty for which t is 'spe 1 t A , r n - r' t efl a-{ :, } - 1 CSD,.�:' roi - t cYltO •serve. - _ F, S• J -, F `%-i-.h lay,{.Jr f� _ _ r r t.la r } S'` __-- g` . - _ -. . i- li3i�i fi'i rtit 'a k,$ t"A-1 C',; > .%*; A �spec1.4 facility shall` have a minlmum horizontal 1 ` .`';,' _`. }wrath `o'f t 1150 feet within all:`portions; for' which ced�it ; T {i h„ f r, its rallowed : '� 4tar4' -s ° f - z, , r - , -} T ,- - ,- - t 5-rT^ S-�r !+rY t- s T, - t,,l C t :) h �- r- m K a- ' T 3- x- 1 1 i f- {- r} i>,- m;- 5 1T �). y 7 1 "t-n t--ri, �. - -1.'i_ , `+,r --5 t r` - .- - s t1 i.-- - ! - 1 t� �( 1 ' Slim 'Patin ' =f 't . f r ,y�''Fb ". ,i l\ F rt ..] -< i \I )i :. ,i! ..7 1 # u :. r� sf Senior ':Planner { ,, -k._ Ley. i -s j 7--axip ia, '_ -T t .�, S5 - - .r + i. 2 ,� r 4 JP bx t ' w t7,k ft - tit Y ♦.� � ( � �' , 5 ' - ' i4 - 1 . f>: �f L ' i Ei, *,� i n r „ r rr+ e t i i -i. j s - t ,� 1 ., i - r - t7' F 1 bflt r rl` r ':"_ t L '+4L -a r T _ '` � { '` .t`F. >fNvS - k Ee { _ K to x - ( c •+-+ 1 i S - - � 7.' J - _ i - t 1 [. 3y C 07' k rv.i.4 t 5 t ;.�,i+..k, " y, _ _r •} - S_ (} er Lj'$ 4`' t :5 - sti �+,4 rf �'J a d ' 1;1 ,n 'Z.c. Jri wi _S,r>' _a{ _ r—L ri . 1 a .. ti t L !. ws - t L"'y, xi d ) i , f a 1-- ° T t S.I; t q2 � 5- fi, € ri i , � ti I r t:'i f+�`...'r Zed _ r$ 1�,..[, lh_ _ J t -r 3 --r, t7 --r- - t -1 i - - t - 1 - i 3 , rr 5 4 fS .. .�,... 9 --y.aSn ),...h:1:t^ - ,Y�.. . -.. -.t i'.. 4.: c.. - .. a'.`- 11. . -.. ._- -. �- .� .��� I:_ -{. if 1 c -n.-. _ .. r- _. �K 11 October 1972 _ TOs City Administrator FROM: Management Employees Organization SUBJECT: Automobile Policy The MEO has considered your proposed revision, dated October 6, 1972 and expresses its pleasure that the City Council has accepted some of the pro- posals made by your Automobile Policy Committee whose report dated Septem- ber 13, 1972 was approved by the general membership of Management Employees Organization. However, the MEO expresses its disappointment that the City . Council rejected the proposal concerning a monthly automobile allowance. It was hoped that the City Council would share your feeling that the month- ly allowance system would solve a number of complex problems in connection with past vehicle use practices in this city, aad point the city in a more reasonable and. praciical direction toward a progressive vehicle policy pat- terned after the County of Orange and the City of Inglewood. The MEO generally concurs with your proposed revision of October 69 19720 and embodies herein most of your suggestions which, together with a few simple modifications are proposed to you and the City Council as follows: 1. Department heads shall be- assigned a city automobile avail- able for their use at all times for city business including the privilege of using such vehicle for going to and from their homes and keeping the car at their homes overnight and on weekends. Department heads' automo- biles, during the day, shall be available for use by other departmental personnel when the vehicle is not being used by-nor interfere with the pro- posed use by-the department heads. 2.. Other city-owned automobiles will, be utilized on a departmen- tal pool basis.. The allocation of such vehicles is discretionary with the department head, who may assign a vehicle to one particular employee if the employee needs .a vehicle on a continuous basis. This principle will obtain, with respect to all departments which are in need of city vehicles. 3. Mileage reimbursement for city employees using their own ve- hicles on city business shall be at the rate of 15 cents per mile. 4. The city shall reimburse all city employees for parking fees and charges when incurred on city business. 5. City-owned vehicles shall be used. for city business only, which is deemed to include cognuting to and from the employee's place of residence. City-owned vehicles may be retained overnight at the employee's place of residence with the approval of the department head. Automobile Policy Page 2 6. City automobiles will be upgraded gradually to a better class including amenities, such es, but not limited to, upholstery, power steer- ing, heater and radio. City automobiles shall not all be of the same color; within reason, department heads shall have color of choice. C eneral.ly, au- tomobiles shall be traded when they have completed three to five years ser- vice. Department heads' vehicles shall be provided with air conditioning. 7. When city. employees are driving their own vehicles on city business, the city shall be responsible to such employees for the first $100 of comprehensive and/or collision damage suffered by such employee to the extent that such employee's personal automobile insurance policy does not cover. such first $100 of damage. 8. The city shall pay any employee for damages to the employee's personal automobile involved in an accident with an uninsured motorist while being used on city business. 9. In the event, a city employee .is required to travel to a dis- tant point on city business where he would have the reasonable option"of driving or traveling by air, the employee shall receive the less 'of 15 cents per mile or the sum of round trip air coach fare plus necessary car rental at destination.. . 10. This automobile policy shall be reviewed prior to July 1 of each year and shall be modified if warranted during the ensuing fiscal year. 11. The city budget. shall be modified• to fund this policy during the current fiscal year.; and in .future fiscal years, the city budget shall reflect the automobile policy then in effect. Respectfully submitted, FRANK B. ARGUEL�,. President Management Employees Organization APPROVED AND ACCEPTED: 24. ' DAVID D. ROWL'ANDS City Administrator OFFICE OF / CITY ATTORNEY o HUNTINGTON BEACH CALIFORNIA 42648 DON P. BONFA February 26, 1973 TELEPHONE CITY ATTORNEY (714)536-5261 Honorable Alvin M. Coen, Mayor City of Huntington Beach 18582 Beach Boulevard Huntington Beach, California Dear Mayor Coen: You have asked me to review the applicable ordinances , if any, and the procedures in actual practice of the city concerning the issuance of permits pending the expiration of any appli- cable appeal period regarding said permit or the conclusion of any appeal. I can find no applicable ordinance on the subject . In actual practice, all departments now are withholding the is- suance of any permits following any appealable decision affect- ing said permit . This applies to permits to be issued following any decision of the Board of Zoning Adjustments. or Planning Com- mission for. which an appeal is permitted. It should be pointed out that for certain permits such as signs , certain sign permits may be issued by the Director without any hearing. (Huntington Beach Ordinance Code Section 9761. 7 .1) . Although an appeal is permitted from any decision of the Director (Huntington Beach Ordinance Code Section 9761 .16.1) when -no prior hearing is required, the .Director issues the permit immediately upon his decision. Certain other sign permit requests are referred to the Board of Zoning Adjustments . pursuant to Section 9761.9 and their decision may be appealed within ten days pursuant to Sections 9761.16 . 1 and 9761.16 . 1. 1, within which time no permit is issued. The Department of Public Works .issues grading permits requiring no hearing upon the decision of the Department of Public Works . In those cases where a hearing is conducted by the Board of Zoning Adjustments concerning a grading permit , no permit is issued pend- ing the expiration of the appeal period. While the subject appears to be well under control, the Council may wish to have the subject covered by an ordinance specifically Letter to Mayor Coen February 26, 1973 Page 2 stating that no permit shall be issued pending the expiration of any appeal or appeal period. Very truly yours, DON BONFA City Attorney `j}, DPB :WM:bc RESOLUTION NO. 3664 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 8 OF RESOLUTION NO. 3164 RELATIVE TO CONDUCT OF COUNCIL MEETINGS AT WHICH THE ELECTION OF MAYOR AND MAYOR PRO TEMPORE IS HELD The City Council of the City of Huntington Beach does hereby amend Section 8 of Resolution No. 3164, as amended by Resolution No . 3306, to read as follows : 8 . NOMINATION AND ELECTION. Nomination and election for the offices of -mayor and mayor pro tempore pursuant to Section 504 of the Charter, shall follow the following procedure: (a) At the- time set for nomination and election, the mayor and mayor pro tempore shall vacate their respective offices as such, and the City Clerk or other presiding officer shall call the Council to order and proceed to conduct an. election for the office of mayor. (b') Any member may nominate any other member, no seconds being required, and nominations shall be open until a motion to close shall . be adopted. (c ) . The vote shall then be conducted on the nominees by secret ballot and if no nominee secures a majority of votes cast, the two nominees with the highest number of votes shall be voted on by secret ballot . (d) All votes on nominees shall be by secret ballot . (e.) No write-in votes shall be counted and any such write-in: votes shall be considered as failure to vote. (f) In the case of a. tie for the- second highest vote, . run-off .ballots on such tie nominees shall be cast to. break the tie. The tie is broken when one tie nominee receives the highest number of votes cast on such ballot . When such tie is broken, . a vote shall be taken on the nominee who has the highest vote and the tie-breaking nominee. (g) In case of. a tie of more than two (2) nominees for the highest vote, a vote shall be taken on such tie nominees , eliminating all others . 1. lm 71 (h) All run-off or tie-breaking ballots are subject to the same elimination rules as apply to the first ballot . (i) Successive ballots shall be cast until a nominee is elected. (J ) A nominee shall be elected at any time such nominee has a majority of votes cast on any ballot in which all nominees eligible for a final ballot are in competition. (k) Each member shall be entitled to nominate one nominee for each office . No member shall nominate himself. (1) A mayor pro tempore shall then be selected by the same process as set forth in this section for the office of mayor . (m) The mayor and vice mayor pro tempore , following such proper election, shall serve for- a term of one year and until such time as their successors have been elected, qualified and installed. The annual election of the mayor and mayor pro tempore shall be held at the time specified in Section 504 of . the Charter, or, in years when no general or .special municipal election is held, at the second regular council meeting in April, or at such time on the day of the second regular council meeting in April as shall be publicly announced at the next immediately preceding regular council meeting. PASSED AND ADOPTED by the City Council of the City of. Huntington Beach at a regular meeting thereof held on the 2nd day of April , 1973 Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 2 . � Y Y , Res. No. 3664 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) so: CITY OF HUNTINGTON BEACH ) I, ERNESTINA DI FABIO, the duly appointed, Qualified Acting 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at. a regular. meeting thereof held on the 2nd day of April 19 73 by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None JCcting City Clerk.an ex-offi.cio �} Clerk of the City Council of the City of Huntington Beach, Calif- ornia March 22' 1973 V 3� T0: City Council FROM: City Attorney Re : Resolution Amending Section 8 of Resolution No. 3164 Relative to Conduct of Council Meetings at Which the Election of Mayor and Mayor Pro Tempore is Held At the direction of Mayor Coen, we transmit a resolution amending subsection (m) of Section 8 of Resolution No. 3164 , as amended by Resolution No . 3306 , setting the time of the council meetings at which the election of mayor and mayor pro tempore is held. Respectfully submitted, DON P. BONFA City Attorney lin Attachment Southern California Edison Company P. 0. BOX 800 2244 WALNUT GROVE AVENUE RIGHT OF WAY AND LAND DEPT. ROSEMEAD. CALIFORNIA 91770 March 21, 1973 P. B. PEECOOK MANAGER . City of Huntington Beach RECEIVc D. r_.!T'� CL_f2K . P. 0. Box 190 cIY n - Huntington- Beach, California 92646 HUNTINGTON BEACH,L�'-IF Gentlemen: ! -5 MR 26 Rt1' 11). : 5 7 We are pleased to inform you that it will no longer be necessary for you to provide certificates of insurance or to include Southern California Edison Company as an additional insured in your comprehensive bodily injury and property damage liability insurance, or conditions relative thereto, as required by Paragraph 7 of the License Agreement . This change in our policy does not reduce your own liability; therefore, we suggest that you maintain sufficient insurance coverage for your operation to provide for your own protection. Since we are now assuming this insurance coverage ourselves a slight increase in rental may be necessary at the time of renewal. You should, however, realize a reduction of costs from your present insurance program as a result of this change. The Right of Way Agent responsible for your area will provide you with the necessary information at that time. Thank you for your cooperation. Very truly yours , Right of Way Agent Property Management Section L�- CITY OF HUNTINGTON BEACH V" INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Paul Jones, City Clerk James Wheeler, Director of Public Works To Don Kiser, Public Works From Willis Mevis Deputy City Attorney Subject Bid Openings Date March 20, 1972 I think that .possible problems can be avoided if bid openings commence on time . We can avoid problems on late bids if the bid opening commences promptly. and at least one bid is opened. The city is in a sticky area on late bids received before bid opening commences, but is on solid ground in refusing bids after bid opening commences and the first bid is opened. Once the first bid is opened, short delays can be taken which would not affect bi di g procedures . MEVIS City Attorney WM:bc CITY OF HUNTINGTON BEACH COUNCIL - ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH CA 72-81 To Honorable Mayor $ City Council From David D . Rowlands Members City Administrator Subject PROPOSED POLICY ON ADDITIONS TO Date December 20 , 1972 PLANNED RESIDENTIAL DEVELOPMENTS The following proposed policy on additions to planned residential developments is submitted for review and action by the City Council : ADDITIONS WITHIN PLANNED RESIDENTIAL DEVELOPMENTS Additions to dwelling units within an approved and developed planned residential development shall be subject to approval of the Planning Director or a person so designated by the Planning Director. Said person shall review a plot plan and an elevation plan of the proposed addition which shall depict the design and materials to be used and shall apply the following criteria :. 1 . Any addition, if approved or conditionally approved, shall not be construed to supersede any requirement of the homeowner ' s association for subject planned residential development , and the applicant shall first receive approval for his proposed addition from the homeowner ' s association. 2. The addition shall maintain or enhance the existing architectural theme or design of the planned residential development. 3. The addition shall not block an existing neighbors view. 4. The addition shall not encroach upon any yard requirement and/or development standard that has been established by the zoning district or the conditions of approval for the subject planned residential development. All plans for additions within a planned residential development that have been acted upon by the Planning Director, or his designated representative , shall be maintained as a part of the permanent public records within the Planning Department. A �. Ey _ f Page 2 CA 72-81 December 20 , 1972 It is anticipated that this proposed policy will eliminate the necessity of requiring the City Council to act on such matters under its Consent Calendar. It is my feeling that these matters can be more expeditiously handled at the administrative level without encumbering the City Council ' s time . Respectfully submitted, David D.-Rowlands City Administrator DDR/gbs F STATEMENT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall r� Huntington Beach, California Monday, October 2, 1972 Mayor Coen called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Shipley, Bartlett, Gibbs, Matney, Duke, Coen Councilmen Absent: None ORD. NO. 1783 - ENVIRONMENTAL IMPACT STATEMENTS - DELETED FROM AGENDA - ENVIRONMENTAL IMPACT STATEMENT INTERIM POLICY -.APPROVED The Clerk presented Ordinance No. 1783 for a first reading - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 9921.9 PERTAINING TO ENVIRONMENTAL IMPACT STATEMENTS," The City Administrator informed Council of the several areas within the City on which environmental impact reports should be required. He stated that the staff was devel- oping the criteria for environmental impact statements in order to determine the manner in which building permits can be issued. The Director of Environmental Resources displayed a map showing the four general areas in the City where submission of environmental impact reports is recommended. The City Attorney presented the following Environmental Impact Statement Interim Policy, concurred with by the City Administrator, for approval by Council, and recom- mended that proposed Ordinance No. 1783 be deleted from the Agenda: ENVIRONMENTAL IMPACT STATEMENT INTERIM POLICY . 1. Acceptance of areas concept. 2. Adopt map as policy statement. Environmental Impact Statement shall be required for all projects in designated areas. 3. Applications for permits for uses in other areas of city will be restricted to those that conform to the existing master plan or zoning of the property, and if they so conform no Environmental Impact Statement shall be required for such other areas, subject to Item #4 below. 4. Any application calling for exception or deviation to the existing master plan or zoning will require an environmental impact statement. A motion was made by Councilman Matney to adopt the Environmental Impact Statement In- terim Policy Guidelines 1 through 4 as submitted by the City Attorney and to delete Ordinance No. 1783 from the Agenda. Mr. Marcus Porter, Planning Commission Chairman, addressed Council regarding the policy statement. Mr. C. E. Woods, Signal Oil and Gas Company, addressed Council and requested a clarifi- cation on whether operating within existing drill sites does or does not require the filing .of Environmental Impact Statement reports for such operation. The City Administrator stated that staff discussions indicate that drill sites shown on the map for which operating permits have been issued, would not- require the filing of Environmental Impact Statements, and this was concurred with by the Oil Field Superintendent, who further said that additional drill sites which have not yet been granted permits would, obviously require the filing of Environmental Impact Statement reports. Mr. B. G. Williams, 411 Main Street, City, addressed Council and offered his opinion that the staff should study each area of the City and prepare Environmental Impact Study reports, rather than having developers submit reports which had been prepared by independent firms. Mrs. Katherine Wallin, Planning Commissioner, addressed Council regarding the effect of Environmental Impact Statement reports on tentative tract maps. Considerable discussion was held on the matter by the Council, City Administrator and City Attorney. 1 It Page #2 - Council Statement of Action - 10-2-72 A vote was then taken on Councilman Matney's motion to adopt the Environmental Impact Statement' Interim Policy Guidelines 1 through 4 as submitted by the City Attorney and to delete Ordinance No. 1783 from the Agenda, and was passed by the •following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES : Councilmen: None ABSENT: Councilmen: Green �,c*�:�:::�:�-�k�-�-�xx:c��4'�':'x�t�'':t9:9cx'.'c•�tx�,�:'::c�4:Jc::�x��'rxY:-'.�:`:�`c:'::':;':.;-.':x.':'c�C'�:-1c�':',c r On motion by Shipley, the regular meeting of the City Council of the City of Huntington Beach adjourned at 10:30 P.M. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Green Paul C. Jones City Clerk and ex-officio Clerk , of the City Council of the City of Huntington Beach, California ATTEST: Alvin M. Coen Paul C. Jones Mayor .City Clerk STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) ; I, PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 2nd day of October, 1972. WITNESS my hand and seal of the said City of Huntington BeAeh-th Qs the 3rd day of October, 1972. City Clerk and exe!4' ficio Clerk of the City Council of:. the City of Huntington Beach; .California 4/.� -CITY OF -HUNTINGTON BEACH _ INTER-DEPARTMENT COMMUNICATION . HnN INGTON-PEACH - To PAUL JOKES From EARLE W. ROBITAILLE City- Clerk Chief of Police 'Subject DELIVERY. OF COUNCII, ;PACKAGES Date AUGUST 8 , 1972. . In order to, alleviate some of the problems concerning delivery -of. Council packages, I would like you to have the packages delivered direct to m -. office so we can be sure they will be out in time. /fl J'A CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION CC-72-16 HUNTINGTON BEACH To City Administrator and From Paul C. Jones, City Clerk all Department Heads . Subject Agenda- deadline Date 9-13-72 Please be advised that in the future the agenda deadline where it concerns last minute ordinances and resolutions, will be strictly observed, and none will be accepted after 5:00 P. M. on the Monday preceding the Council meeting unless they have been personally cleared through myself or E. DiFabio, Assistant City Clerk. -- ' - r ' '"',cam i tAll - `+ate•{ - �`' RESOLUTION NO. 3193 } A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A RATE FOR LISTENING TO OR RECORDING FROM, OR MAKING i TRANSCRIPTS .OF AUDIO TAPES OF COUNCIL MEETINGS '.a WHEREAS, the City Clerk receives numerous requests from ') the general public to listen to, record on their own recorders , '1 or to transcribe the tape as recorded by the City Clerk; and All such recordings are public records and as such the public must be permitted access to such recordings , and be permitted to make recordings on their own equipment of such r� original city recording; and j_ It is deemed both necessary and advisable that the City r Clerk have a deputy present when s. member of the public listens r ;"Y to or transcribes such tape recording to insure that such tape '. will not be altered or erased, either inadvertently or deliber- ately ; and The cost to the city and the City Clerk ' s office for pro- viding a room and tape recorder, and having a deputy present `i while such tape is being replayed, retaped or transcribed by a E member of the public is considerable and should" be reimbursed to the city. F ' NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that a charge of Five Dollars ( $5 . 00) per hour, with a minimum charge of Five Dollars ( $5 . 00) shall be paid by any member-' of the public who listens to, records on their own recorders , or transcribes the tape of Council proceed- tngs . Such minimum Five Dollar ( $5 . 00 ) charge is made for the purpose of reimbursing the city and the City Clerk ' s office for the costs of providing a room and tape recorder and having . fg s. � . . a deputy present while such tape is being played. / j PASSED AND ADOPTED by the City Council of the City of ya Huntington Beach at a regular meeting thereof Bela on the ,� 20th day of July, 1970 . - �] � ayor fro Tem a2TES' { City©jlerk APPROVED AS 20 FORM: §\§ _ - . ; �] ] : City Attor f eg . �\ . .] �) \ � ;\ \� 5 �y . �\ . � . . . . 2 . �\ \\ �r Res. No. STATE OF CALIFORNIA ) a. COUNTY OF ORANGE ) ss : } CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, the duly elected. qualified and acting City Clerk of the City of Huntington Beach, and ex- , , officio Clerk of the City Council of said City, do hereby 'i certify that the whole number of members of the City Council of the City of Huntington Beach is .seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 20th day of July 19 70 by the following vote : : a AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Coen j NOES: Councilmen: None 1 i `.. ABSENT: Councilmen: Shipley f- City Clerk a.6& ex-officio Clerk .' of the City Council of the City of Iluntington Beach , California NJ ♦�I l ' + i Y�d Z✓ .tl;1 l 'j c r �• a TINC►7�D 1 SEACN L/ ' t COUNCLL=ADMINISTRATOR COMMUNICATION . CA 72-�S To `Mayor 'and—City Counc •1 From City Administrator ,:Members ;ui ect CENTRAL .-PARK :CONCESS`ION Date May, �, 1972, _ -DEVELOPMENT` APPROVED BY CITY COUN.CI Two sets of; doeuments are transmitted for .your review and approval ,. r.d..:...._..._.,.._............� •t CITY CLERK I . Proposed' Park ,Concession Policy Draft;.'Invitation for::Concession Proposals As-.the:_.Central- Park COnstrUC-tion contract was. awarded on April 3-, ra is _appropr%ate to next consider park concession policy, the solictaton of proposals and subsequent implementation. It is proposed that -the -.taro documents above , based -on the EDAW economic -study and .stafff_: surveys form the basis for--the eventual solicita- 't.ion and award ,'of a:master lease. 3 There is a m�a�or" advantage of proceeding now. due to' the ease of concession _'xns.tallatzon., during construction A second advantage is that all.„proposals can .be thoroughly reviewed y team ex crtise :composed ,of the_-Directors of Finance , Public Works - F ec.reation;ryand: Parks "and, 'City Administrator. ?i- - - . - - - - - - -• - ' " :The proposed documents have been reviewed by the City Attorney . and recommended to- Council by the Recreation and Parks Commission... - RECOMMENDATIONS Adopt.; the':Par.k £oncession Policy.- 2: Approve the sol.icitat- on . of proposals . 73. - Instruct: the City.'Administrator to-.make. a concessionaire ` recommendation. Respectfully submitted , :T ZV - David D. Rowlands City Administrator DDR/gbs 1 , PROPOSED PARK CONCESSION POLICY In the preparation of this policy and any potential concession , consideration is given to the procedures , terms and conditions under which -concession agreements are made throughout Southern California and the state. These will include . safeguards as to public interest , reversion to public ownership and operation , and rental fees for concession activities required to provide full service to the public and still provide partial funding to offset maintenance costs . This policy will not concern itself with user fees which should be con- sidered as a separate policy. The following philosophy should form the outline for standard con- cession agreements : 1 . The City should encourage the use of private capital for develop - ment of needed concession facilities in parks . 2 . The City will provide all primary facilities such as utilities to concession .site , paths , and ancillary requirements . 3. Co.ntracts with concessionaires for construction and operation of facilities should be awarded through negotiation -on the basis of probable success . 4 . The determination of gross percentage rates should be based on evaluation' of the following factors : a. The investment capital required. b. The potential gross revenue . C. The potential net revenue . d . The controls exercised and maintained by the City. e. The high possessory interest tax applied to local government concessions in this county. S . The concessionaire ' s 'capital investment and amortization schedule should be evaluated. If investment is high , - the concessionaire should be allowed a .reasonable early amortization period or long term contract in order to provide the City a greater overall total revenue during the life of the contract. 6. The City should provide strict audit and price control on services of the concessionaire . 7 . The City will construct and operate all parking. facilities except those that are an integral part of a concession . a 8 . All proposed concessions will be evaluated as to imaginative character and non-carnival nature with architectural and structural controls administered by appropriate' City agencies . 9. The level of service will be to conduct and maintain the concession as a safe , clean, and first class operation. 10. The concessionaire will maintain insurance policies during the term of the contract covering public liability and property damage in minimum sums to protect the City. 11 . The concessionaire will comply with all standards of health codes , safety, maintenance and courtesy to best serve the interests of all concerned. i . INVITATION FOR PROPOSALS MASTER LEASE CONCESSION DEVELOPMENT HUNTINGTON CENTRAL PARK CITY -OF HUNTINGTON BEACH AVAILABLE TO PUBLIC WHAT: An opportunity to invest in the acquisition of a master concession leasehold for boat rentals , two refreshment stands , and bicycle rentals plus ancillary services common to these concessions . WHERE : Huntington Central Park, Huntington Beach, California . This 207 acre recreational park complex is in the physical and population center of the city. The park has two lakes and will become the focal point for the passive recreational activities of the greater Huntington Beach community. WHEN: Proposals. for financing , design, construction and operation of the concessions will be accepted on or before July 1 , 1972 . At the earliest possible date , this office will analyze the proposals submitted , recommend a master-lessee developer and a. proposed contract to the Recreation and Parks Commission and City Council for approval . This will assure the utmost possible coordination between concession development and park improvements now under construction. WHO : To obtain information or discuss the concession program at the park , please contact : Tom Severns , Development Coordinator City Administrator ' s Office City of Huntington Beach 520 Pecan Avenue , P.O. - Box 190 . Huntington Beach , California 92648 Telephone : (714) 536-5207 INVESTMENT OPPORTUNITIES MASTER LEASE CONCESSION DEVELOPMENT HUNTINGTON CENTRAL PARK CITY OF HUNTINGTON BEACH GENERAL DESCRIPTION Huntington Central Park , approximately 200 acres in size , has more potential for fulfilling the recreational needs of Western Orange County than most parks in the area. The park will ultimately cover 400 acres to include either a golf course or high-activity area . Accessibility to the park is excellent , direct service being provided by two major arterial highways expected to handle 30 , 000 cars a day .by 1980.. The San Diego Freeway is approximately two miles to the north. Should Coast Freeway be completed to the south , the park would be visited on a regional basis . The existence of two natural lakes on the site will significantly contribute to .the recreational potential as one is planned ex- - clusively for fishing and * the other for -fi-sh'i-ng and boating. The new Huntington Central Library and Cultural .Resource Center will . be built in 1972-73 at a cost of .$3 , 00.0 ., 000 on a knoll overlooking- the fishing .lake. The population of -the city has . a median• age 'of 2.4 . 7' with the current census exceeding 137.,000, people,,.- It `is -anticipated that the population will exceed 22S ,000 by 1990 . ...Projecte.d. annual attendance for the .park ;�089.., 0.00 visitors in 1975_, 1 ,400 , 000" in developed by D. R:A. . reveals 1 1980' and 1 ,870 ,000- in 1990 . .. These' figures. inelude only those people who partic-ipate in outdoor . recreation ac-t-ivities no-t i,-.ncluding golf. -MAJOR TERMS AND CONDITIONS OF A MASTER LEAST: The proposal should include the lease provisions and general. . expectations highlighted. below. This information is not intended to be.. definitive or all--inclusive but will provide .a general-understanding of the . responsibilities of a prospective -Yessee . 1 Term Your proposal should indicate the term of- ' lease whi.ch you will require . Generally ; the City prefers a . 25' year -lease : the lessee shall have the right of first refusal if lessor chooses to' re-lease the premises at the end of the lease term and does not seek competitive proposals . f i 2 . Rental Please state the rental you propose to pay to the City on the following basis : a. Fixed minimum monthly or annual rental for all operations to be included in Master Lease b . Percentage rentals applied on an individual basis to boat rentals , food sales , refreshment sales and sales of services in various concessions proposed . Please state method of renting subleased concessions , either on a percentage or square footage basis and the amount of revenue to the City on whichever basis payment is to be made . 3 . Financial and Background Information Your proposal. should indicate your ability to finance the improvements , as well as background information on the proposed operator ' s experience in managing other concessions of high quality. Each proposal should describe the quality and standard of service which is planned for the concessions . In evaluating proposals , the City will take into account not only the amount of rental offered , but also such factors as the financial ability of the developer to finance all improvements , the experience of the operator , the amount of planned capital investment , and the standard of: service to be offered . Developers are requested to provide with their proposals a "pro- forma" balance sheet and .i.ncome statement which represents the financial position of the Master Lessee organization . 4 . Architectural Design and Construction Standards The Master Lessee will be responsible for financing any structural improvements necessary to the concession. These costs may be amortized over the 25-year period of the lease . The City will. provide restrooms for general park operations as well as other improvements generally associated with a picnic ground atmosphere . The Master Lessee ' s improvements must be of a style and quality consistant with the design and character of the park. The City ' s Recreation and Parks Commission and Design Review Board shall review and approve all site and construction planning . Your . attention is also directed to pertinent requirements. and regula- tions of the City' s Building Code .' S . Completion of Improvements The City desires to. open the park to the public by August , 1973 . Your proposal should indicate the estimated length of time you will require for preparation of plans and specifications and completion of -improvements following execution of a lease with the City. 6. Licenses and Permits The successful Master Lessee will be required to obtain and pay for all licenses and permits required for . the financing , design, installation and operation of this type development . 7 . Business Limitations , Fee and Price Structure The premises shall be used exclusively for the purpose of operating approved concession and ancillary services . All fees and prices charged will be similar to those for like services and items sold in the general area. All prices and changes . thereof will require prior approval by the City . The Master Lessee or his .agents shall not use , possess , serve , sell or offer to sell alcoholic beverages on the premises unless allowed by law and permitted by City. Should the proposal include a family restaurant as illustrated on the master plan, alcoholic beverages may be included in this facility subject to conditions approved by the City Council . 8 . Insurance Requirements Master Lessee shall save and hold the City harmless from any liability arising directly or indirectly from its operations in Huntington Central Park Master Lessee shall acquire and shall cause to be held in effect , during the entire term of the lease, a policy of public liability insurance acceptable to the City and naming City as co -insured therein ,, as follows : a. $1 ,000 ,000 each person b. $3 ,000 ,000 each occurrence c . $1S0 ,000 property damage A copy of said policy shall be deposited with City. Fire and extended coverage will be carried for 90 percent of the full insurable value of improvements constructed by the .lessee . 9 . Hypothecation and Assignment Lessee may pledge the leasehold interest as security for a construction loan , subject to prior approval of the City. The lessee shall not assign or delegate any of its duties under . the terms of the agreement without prior approval of the City . 10. Utilities Master Lessee shall pay for all utility costs in his leased area . 11 . Taxes The lessee shall pay all applicable taxes including possessory interest taxes . 1 2 . Bo nd s Faithful Performance Bond : The Master Lessee will be required to provide the City wit a faithful performance bond . Construction Bond : The Master Lessee shall be required to furnish a construction Fond to guarantee that improvements in the concession .areas shall be completed to the satisfaction of the City. • • DOYLE MILLER City of Huntington Beach Administrative Officer L:.. BRANDER D.CASTLE • P.O. BOX 190 CA ORN 92648 Assistant qpp � Administrator DON P. BONFA -� � •. City Attorney WARREN G. HALL MAYOR _� Treasurer George C. McCracken 1 PAUL C.JONES _ _ 'tv Clerk j , COUNCILMEN �-.. � Jerry A. Matney _ Ted W. Bartlett Alvin M. Coen C[.LkK.`/ Norma Brandel Gibbs Jack Green —� Donald D.Shipley Q TO: Honorable Mayor and City Council DATE : January 31, 1972 FROM: Paul C . Jones , City Clerk SUBJECT : Res . No. 3427 Gentlemen: The City Attorney has.. calfled--;to--my attention, action taken by your Honorable y Bod •Nn,, the 'adoption at .the Council meeting of January 17 , 1972,. of Resolution No. 34-27 . Said Resolution was presented by the-'.Planning Commission -to the Council as their Resolution No . 108'1., with a request that a similar res- olution be adopted, : and said adoption was made without having a prepared form of the °res-olution at hand. In discussing the matter:_with the .City Attorney, he informs me that the adopted resolution would be illegal, and that he , con- sequently, refuses .:to pr.e:pare same : a_ ; Based on such determination, I respectfully request that you con- sider said Resolution invalid, and the adoption of same null and void, by minute action of the Council. zo Copy to: Brander D. Castle, Acting City Administrator JAMES R.WHEELER EARLE ROBITAILLE OLLIN C.CLEVELAND KENNETH A. REYNOLDS Director of Public Works Police Chief Building Director Planning Director VINCENT G.MOORHOUSE FRANK B.ARGUELLO RAYMOND PI CARD Director Harbors, WALTER W.JOHNSON NORMAN L.WORTHY Finance Director Fire Chief Beaches& Development Library Director Recreation& Parks Director 7 .. tf l' 7n -T 'SM �} �-•ci-•`F3A Y.J ° to3 rr� ,, sc, .ti b. - )y3`c'` -�..r i -.:` -J :r- �. "�t`r? ??r t€. -.d•ar a -^� "S*cu :,.,�.s w. `isi} - i es.N. t •,"• + iy t yaF`` *-, +yy�.ttirA �``{ t s j --"''r 51t+••�to -� rh.-Y^#a W i'k .,Lv 2An sF T µ 1 iav w�.i+' y --!-! 1 tT �1+" f 3 f0 sy 4'i(f1 ,3 '+#'t y`}Y ,-f'" Y ,�H r _ • •tt w' « jfa-s x t7 Jr p Q{ r i .^� � *r,s [ y - --x - .,z - 5- w-f ,,,y f t•- t i q ems• • 4 y_ r i M �a J-. -y x 't.. .-�, i. - `R"-•CJ; i+'y n d `S"iz w w y*s� ,k- 4.'�. ,a3 up y r s •.." ''' a iec 7$ +L,.t.�,u' aaif ,,.- i,t-: n t ,,• S J Y ,.'. M.M)ZN11 .qa IY •'�'. �.,v rs h• 'y`,�;�' 4t �'i 4: k-_.. a.`.'s''+.��.�v(`"�- `t 'J a f:• "w�' �-+ r 4 L - - '�' -*t _ L- �' e}- -7' �- �'__�,r"cy a r * February .1972 TO City Council _ FROM': City -Attorney ' SUBJECT ..Resolution No. 3421' Resolution No. 3427 : concerns a de-termination by the .Planning ' Commission that a..development plan .for an. 17 .6 acre par- -entire . h• del `be "submitted to the .Planning.-.Commission at the time any use is' proposed for the• property* The Planning Commission rt resolution..recommended that the-,City Council adopt a similar ,. resolution. :1 `., The , resolution was based: on a: zone change. from RA to C4 and is r in fact based upon .an agreement by the landowner requested by the Planning Commission. This is contract zoning, the validity of which is in grave doubt. The police power 'to rezone=may• not be -limited by pri- vate agreement. Contract zoning is valid only- where it does not involve a formal nor a practical surrender of the police power. It is our opinion that, the proposed resolution is invalid and not a proper subject of a. resolution by .the Council. The Council cannot do by resolution that which it cannot do by ordinance. Respectfully submitted, r DON P. BONFA City Attorney DPB:WM:ahb J/ • r' ` °�` DOYLE MILLER sh d' Administrative �YF 'i City of Huntington Beach Officer s- '' BRANDER D.CASTLE • P.O. BOX 190 CALIFORNIA 92648 Assistant Administrator a DON P. BONFA - City Attorney WARREN G.'HALL MAYOR Treasurer George C. McCracken PAUL C.'JONES City Clerk COUNCILMEN Jerry A. Matney Ted W. Bartlett Alvin M. Coen Nor me Brandel Gibbs Jack Green Donald D.Shipley TO: Honorable Mayor and City Council DATE : January 31, 1972 FROM: Paul C . Jones , City Clerk SUBJECT : Res . No. 3427 Gentlemen: The City Attorney. has called to my attention, action taken by your Honorable Body in the -adoption at the Council meeting of January 17, 1972, of Resolution No. 3427 . Said Resolution was presented by the Planning Commission to the Council as their Resolution No. 1.081, with a request that a similar res- olution be adopted, and said adoption was made without having a prepared form of the resolution at hand. In discussing the matter with the City Attorney, he informs me that the adopted resolution would be illegal, and that he , con- sequently, refuses to prepare same . ' Based on such determination, I respectfully request that you con- sider said Resolution invalid, and the adoption of same null and void, by minute action of the Council. Copy to: Brander D. Castle , Acting City Administrator JAMES R.WHEELER EARLE ROBITAILLE OLLIN C.CLEVELAND KENNETH A. REYNOLDS Director of Public Works Police Chief Building Director Planning Director V INCENT G.MOORHOUSE FRANK B,ARGUELLO RAYMOND PICARD Director Harbors, WALTER W.JOHNSON NORMAN L.WORTHY Finance Director Fire Chief Beaches& Development Library Director Recreation & Parks Director .,(+ tqw,' r - t r ppTT{{Lys i �.p•'• a F --r;:;f.'',,i' ..S fi+- '"S".ri4J !.- h YfS.j'I�-' j.r`.r.('. t `•i({f"y.'_ • �¢ � �_;�'a�u r.C.!t��r�-; •-s d+iiy•1 y, t- f � �`" y�� a 1 - W%-' �. �t 17rf.tr t .'F•.- yit,t�'g� t.1\�YC 1�1 Si(^t a `{• \;- \ ,s�{�;� •-+` -t. 'Sf'„• y+ ` •iia + �, ;y'tt " '>(�t ih`y>r ' r•4.Ca,•„t ii t .yt' r \i. .d a yt 9 �! tSL.P*ry a -r 1fi�} 9•-*'d f r (...Y ,r.1{2` k+ > T &7a 7411sr ir- -:c, f r } �r'n-y -4}L 'i ,. c:7 >,if s. ^ 1 -t c; t •`i S{ f f M ->•,L .:tc r,t} --- �T' 4�.,y`�r• ,c�+- r � t?�R, 3- _r S ? 'i.�'i-� 7 n •�„rS�•� � r- �q: v�t �}o- _r�. ��5 ``Aa Y• 7 t sWtN •'•' r rkV�>r'tF..x c.- _ s ,: 1} � �i$ -l• t.�� - Viz?„k���'}[. t `��rf�y,.1. �•- R r 1 1y. ; ��_ Y •:4 z - - ' r�'R'ch Ttid-.-. 41y d�4 t iy. � ,11 T "cif- _ - a f •S- \.KF - -T � ��f ( �yA•1k , •�jl- 4.•.tq d'' r, I i•�.'{F�,�.7r t�•'a ic 5} ;.'s#• 1 � P .Feb 1972. �' z h,,�(}. r•f� l? ,r t .i P 't tom. Y' - - +'rl .jl,id}P - f 'k+Y j > _ i S t `� '•,. CitB CCuneil s i i , rt ABC. FROM•• Ctyt Attorney . A, yy 34� un No. 3427o-Resltio - the Planning 42 concerns a determination by s: t Aesolution No'. 3 7 6 acre par- i . F 44T Commission r an en that a development plaC mmisaion atrthe7time any Commission ��.•---': -• del be submitted to the Planning �-•'`� •- use is proposed for property. The Planning .Comm •;._:x .�r: ,.' Council adopt a similar : r: resolution recommended that the City resolution. r The resolution was based on a zone change Prom RA to C4 and is fir. in Pact based upon an agreement by the landowner requested by ; . { the Planning Commission. - 's the validity of which is in gravel; This is contract zoning, v � dou bt. The police power to rezone may not be lwhereditydoes : . vate agreement. Contract zoning is valid only not involve a for nor.. a practical surrender of the police power. ` It is our opinion that the proposed resolution is. invalid and r not a proper subject of a resolution by the Council. it cannot do by tint. resolution that which ' The Council cannot do by ordinance. ly - submitted, Respectful �= DON P. BONFA .rta City Attorney 'y DPB:WM:ahb � , i is E. s.t .. _ - _ .. ... i ... •. _ _ .. .. �..�....... _• . Y.7' ...1.. •y' . r-'.. _...- ..-. .r. .---re.!'4•••rY3v1°.:;:I".1 ,5.�1�� S M-1ENT OF THE ACTION-, OF C <COUNCIL CouncTr Chamber, City Hall Huntington Beach, California ' Mnncia , May 1 , 1972 Mayor Coen called the regular meeting of the City Council of the City of Huntington Beach to order at ,ice 7 :00 o'clock P.M. Councilmen Present:Shipley, Bartlett, Gibbs , Green, Matney, Duke , Coen Councilmen Absent: None ALCOHOLIC BEVERAGES IN PUBLIC FACILITIES - PRESENT POLICY SUSTAINED The City Administrator informed Council that they had been provided with his report and recommendation concerning the question of permitting consumption of alcoholic beverages in public recreational centers and parks . s: . Mayor Coen stated that he believed the ordinance code should be amended to allow wine tasting parties and similar affairs to be held in city ' facilities . Considerable discussion was held by Council on the matter . On motion by Gibbs , Council sustained the present policy prohibiting the ' consumption of. alcoholic beverages in public recreation centers and parks by the following vote AYES : Councoilmen: Shipley, Bartlett , Gibbs , Green, :Matney, Duke NOES : Councilmen : Coen A[3SENT : Councilmen : None �1r,�r**�,h*,fir*,Mr***,r,ilr,�r*�k,ik*air*�+r,t,t**,k,►r**,Mnrr***,�c*****fir*,A�k*** On motion by Bartlett the regular meeting of j the City Council of the City of Huntington Beach adjourned. at 12:00 A .M. Motion carried . by the following vote: AYES : Shipley,Bar.tlett ,Gibbs ,Green,Matney, Duke, Coen Paul .0 . .Jones ! ,NOES : None City -Clerk and ex-officio Clerk --ABSENT ; None of the City Council of the City : ! of Huntington"Beach,, California ATTEST: Alvin M: Coen Mayor City Clerk STATE OF CALIFORNIA ) County of Orange ) as : City of Huntington Beach ) I , PAUL C.. JONES , the duly elected, qualified and acting City Clerk of. the City of Huntington Beach, California, do hereby, certify that the above and foregoing ,is a true and correct Statement of Action of the City Council .of said City at their regular ? meeting held on the lst day of May , 19 WITNESS my hand and seal of the said City of Huntington Beach this the Irei dmy of May 19 72 . :gain- C Jones City Clerk and ex-officio Clerk of the C'Ity,Coiirnc i l of, the. City of Huntington Beach, California Deputy 1 , ST! ,MW OF THE ACTION OF C I OUNC IL Counci Chamber, City Hall Huntington Beach, California mcmdag, May l- 1972 Mayor Coen called the regular meeting of the City Council of the City of Huntington Beach to' order. at *i 7 :00 o'clock P.M. Councilmen Present:Shipley, Bartlett, Gibbs , Green, Matney, Duke , Coen Councilmen Absent: None ALCOHOLIC BEVERAGES IN PUBLIC FACILITIES - PRESENT POLICY SUSTAINED The City.Administrator informed Council that they had been provided- with his report and recommendation concerning the question. of permitting consumption of alcoholic beverages in public recreational centers and parks . Mayor Coen stated that he believed the ordinance code should. be amended to allow wine tasting parties and similar affairs to be held in city facilities . . Considerable discussion was held by- Council on the matter . , { On motion by Gibbs , Council sustained the present policy prohibiting the consumption of alcoholic beverages in public recreation centers and- parks by the following vote : i AYES : ' Councilmen: Shipley, Bartlett, Gibbs., Green, Matney, Duke NOES : Councilmen : Coen ' ABSENT.: Councilmen : None On motion by Bartlett the regular meeting of the City Council of the City. of Huntington Beach adjourned. at 12:00 A .M. t ' Motion. carried. by the following vote AYES : Shipley,Bartlett,Gibbs ,Green,Matney, Duke, Coen Paul C . Jones NOES None City Clerk 'and ex-officio Clerk ABSENT : None of the City Council of the City of Huntington Beach,. California ATTEST: - Alvin M. Coen Mayor ! City Clerk STATE OF CALIFORNIA ) County of Orange ) es : City of Huntington Beach ) I , PAUL C. JONES , the duly. elected, 44alified and acting City Clerk of the City of Huntington Beach, California, do hereby certify ,that the above and foregoing is a .true and correct Statement of Action of the City Council of said. City. at their regular meeting held on the tat day of May -19 WITNESS my hand and seal of the said City of .Huntington Beach this the 3rd day of av r Paul C . .Tones City Clerk and ex-officio Clerk of the City Council of the City of. Huntington Beach, California BY Deputy � + Q �1• 4 C ®� Htl1r1411�GTOM AACH COUNCIL-ADMINISTRATOR COMMUNICATION CA 72-12 HUMINGTO14 BEACH t To Mayor and City Council From City Administrator �u Members V � Subject ALCOHOLIC BEVERAGES IN Date August 25 , 1972 PUBLIC RECREATIONAL FACILITIES REVIEW In October , 1971 , the City Council requested an evaluation of the pros and cons of permitting the consumption of alcoholic beverages in public recreational centers and parks . At the present time this is prohibited in parks under Ordinance Section 7721 . 9 and in public buildings under Section 7821 (d) . Pursuant to the above request , the following sequence of events took place : 1 . Staff surveyed 78 southland jurisdictions and obtained copies of ordinances and resolutions regulating use of alcohol -. 2. A four person Recreation and Parks Commission committee prepared a report based on data collected for subsequent Action by the full Commission. 3. On February 9 , 1972 , the Commission voted to uphold the present ordinances as it pertains to parks , but split 4 to 4 on use in buildings . 4 . On March 8 , 1972 , the Commission again split 4 to 4 on alcoholic beverage use in buildings and referred the matter to the City Administrator. S. On April 8 , 1972 , Mayor Coen requested the subject be brought to the City Council . ANALYSIS OF .QUESTION 1 . Pros of Alcoholic Beverage Use : a. Eighteen jurisdictions report no problems have been encountered. b. Changing social patterns and customs indicate that many people enjoy beer or wine with their picnics or social activities . c . Restricted or modified use will increase the versatility and participation in' recreational activities . s CA 72-112 Page 2 d. Discrimination would be avoided against typical social or family gatherings , i . e. , wedding receptions , wine tasting. e. National surveys indicate that alcohol consumption in moderation does not affect park patronage . f. In the same survey , only 8 percent of the people felt that consumption in parks or facilities was not in keeping with good recreation. . g. City property will be adequately protected if use is conditional or deposit requirements or supervision provided at renter ' s expense. 2 . Cons of Alcoholic Beverage Use : a. Sixty jurisdictions do not allow use. These comprise the largest and older agencies , those with the most experience. b. Maintenance expenses increase with the permitted use of alcohol . c . Recent reports to Congress indicate alcohol abuse costs the nation 25 billion dollars annually and a million warped lives . The same report indicates that half of all arrests for crimes and misdemeanors are due to alcohol . d. Police costs will rise in direct proportion to permitted use in parks , facilities and beaches . e. The recreational profession is obligated to exhibit exemplary conduct , enforce rules and reprimand bad conduct in our nation' s youth. This is in direct contrast to the use of alcohol in recreational facilities . f. No economic advantage will accrue to the City as present facilities are being used to capacity. g. Permitted use will be in competition to private facilities holding appropriate licensing. h. Organized resistance states that : 1) Public recreational facilities must be kept free from association or connection with narcotics and alcohol . 4 � CA 72-12 Page 3 2) This is not in keeping with our efforts to upgrade the "City Image. " 3) Church and school groups are unalterably opposed to use of alcoholic beverages in parks or beaches . 4) Superintendent S . A. Moffett of the Huntington Beach City School District is opposed to use in parks or on beaches or adjacent to schools . i. An administrative problem arises when alcohol is used in that control will have to be exercised so that activities for youth will be totally segregated. j . No written or oral communications of support for alcohol have been received during the six months of discussion. RECOMMENDATION 1 . Council should weigh the cost of permitted alcohol vs . present policy. This is measured in terms of increased administrative , public safety and facility maintenance costs . 2 . Council should consider the moral issue . Adult social customs and patterns vs . our obligation to provide public recreational facilities for all ages . Respectfully , i &2.,4— _ David D. Rowlands City Administrator DDR:gbs c. • ESULTS OF STAFF SURVEY 78 Southland Jurisdictions 60 Cities , Counties, and Districts in Southern California (replying to our inquiry) that do not allow alcoholic beverages to be consumed or sold in or on recreation or park facilitif:,s . Alhambra La Verne Arcadia Lomita Artesia Long Beach Azusa Los Alamitos Bell L.A. City Bellflower L.A. County Bloomington Manhattan Beach Buena Park Maywood Burbank Monrovia Carson Montebello Chula Vista Monterey Park Claremont Orange Commerce Newport Beach Compton Paramount Corona Pasadena Costa Mesa Pomona Cypress Rosemead Delano San Bernardino Downey San Diego E1 Monte Santa Ana Escondido Santa Maria Fontana Santa Monica Fullerton South El Monte Garden Grove South Gate Gardena Tustin Glendale West Covina Huntington Park Westminster Inglewood Whittier Laguna Beach Ventura Lakewood Yucca Valley ATTACHMENT 1 RESULTS OF STAFF SURVEY 78 Southland Jurisdictions CITIES ALLOWING ANY FORM OF ALCOHOLIC BEVERAGES CITY SPECIAL COMMENTS Bakersfield No meeting halls or enclosed recreation centers in city. Rewriting ordinance covering alcoholic beverages in parks. Police were unable to enforce previous one. Burbank Policy prohibits alcohol in buildings . Beer is allowed at park picnics, but not its sale. Covina No section ,of the Municipal Code devoted to accept- able or unacceptable behavior in parks . Cuyama Valley No intoxicating beverages may be served, consumed or otherwise had at a recreation facility with the exception of champagne, champagne punch, etc . at wedding receptions . Person making reservation must hire at his own expense, a deputy who will be on duty throughout the activity . Also, a $25 deposit is required. Desert Hot Sale and use of intoxicating beverages is prohibited, Springs except when authorized by a permit from the Recreation and Park Board. Fountain Valley Allows alcoholic beverages in community center with approval of Commission. Not allowed in parks . Kern County No alcoholic beverages in recreation buildings . Alcoholic beverages may be consumed in the parks , but not sold. Beer is sold on golf courses . National City Allows sale of alcoholic beverages in city parks in conjunction with the sale of food upon approval of City Council. Oxnard Allowed at one facility only --, Auditorium and Community Center Complex. Allowed only if using; catering kitchen and exclusive conce�i:. ionatrc Porterville They have no ordinance prohibiting. At presen?. , they have no recreation centers . Redondo Beach Beer allowed only in Veterans Park. San Dimas Allowed alcoholic beverages to be served sold or consumed only in connection with a meal which is being served in the Community Building. ATTACHMENT 2 Cities Allowing Any Form of Alcoholic Beverages Page 2 CITY SPECIAL COMMENTS Santa Barbara No alcoholic beverages permitted in recreation buildings . However, beer is permitted to be sold by the Soccer League as a fund raiser. Santa Fe No persons under 21 years of age may be present in Springs the rooms where beverages are sold or consumed ex- cept that such persons may be present at wedding receptions or similar activities if supervised by adults. Sierra Madre One of their community centers allowed alcoholic beverages to be dispensed and consumed by special permit . Simi Valley District policy prohibits ; however, Board has author- ity to approve written request . To date, approval has been given at one community center only. Addi- tional fee is charged and security officers required. Stanton Allowed consumption of alcoholic beverages with following conditions : 1) No minors allowed in Community Hall during reservation, 2 ) Police pro- tection assigned by Chief of Police $4 per officer per hour charge added at time of sign.-up for service and fraternal groups . $7 . 50 per hour per officer for others . Torrance Allows sale of beer in parks for special events . Permits serving of alcoholic beverages at events in the Recreation Center. i r X7 15 March 1970 TO: City Council FROM: City Attorney SUBJECT : Resolution Establishing Charges to be Levied by City Offices The subject resolution is retransmitted herewith in order to include costs of maps, Planning Com- mission minutes and agendas available to the public . Respectfully submitted, c� DON P. BONFA City Attorney /ahb Attachment gcc/�s Jlt/er/ Gow//.. ./ fr6 V 25 February 1972 TO: City Council FROM: City Attorney SUBJECT: Resolution Establishing Charges to be Levied by City Offices for Furnish- ing Copies of Public Records At the request of the Chief of Police, we transmit resolution establishing charges to be levied by city offices for furnishing copies of public records . Respectfully submitted, DON P. BONFA City Attorney AHB :b c Attachment OFFICE MEMORANDUM 1 ITo PAUL JONES, City Clerk Date January 31, 1972 From DON P. BONFA, City Attorney In Re Tape of the June 7 , 1972 Council Meeting Please note the attached memorandum. I would appreciate compliance . DPB/JG/cb Enclosure i OFFICE MEMORANDUM To DON P. BONFA, City Attorney Date January 31, 1972 From JAMES GEORGES, Deputy City Attorney In Re Tape of the June 7 , 1971 Council Meeting Please ask Mr. Paul Jones if he would be so kind as to notify some- one from this office, preferably me , whenever anyone requests the referenced tape for listening. Ask him to keep a log showing date, time, and by whom the tape was removed and the name of the person who sat with the listener. The tape is evidence for the arbitration which is a substitute for litigation. The tape should be protected. JG/cb r r. M:'E M 0 R'A':N D U M. " TO Brander. D. .Cas.tle ;. Acting;:City: Admstrator FROM'i ::Fa'a'j C. :_Jon'es , - City Clerk. 5 SUBJECT• Agenda Deadline DATE: Januar11; 1972 I'n Ma.rch 1967 the CiCy Council" a esolution No. 2520' establish ng;_a dime; and day dead ne o r e.' inclusion of t items - on =the ;Agenda for, -then t uricT eeing: We have had very l tt1 a di i u' y with -the 'genera 1 public in regard :to"the enforcement of : e deadline, es tab Ushed ic, said'_ resolution' - However, v r'ou :. p rtments of: the' City'are be comrng more lAx An me a ng"t i ad.line. Talithi:n .reason'; .my,• :department has_. a.tteinp a to " ].ate items _on' :.the Agenda if at; ; all possible This ha ee sulting in recent' months ; in items==being . pr_es nt 1 nd.=1a te.r. =Now most° of :the problems seem-to arise '.f the larining.'Departinent, the Public..Works epar.tme-nt anc] t e =,Le office;:' °1Je: feea:_there..should be sufficient tune' af%ter- the' n `an-�agenda 'item for :'it_. to be reviewed;by the City Ad minis prior to.ats .,being place -.'on -the agenda Ordinances and Res°a:1.u.tons .presented' should; be approved by the. Administrator ,before,`:ta(citig a: place on the; Agenda: It w_ilL be•. appreci�a'ted -af -you w31 again notify 'any depar€men-ts concerned.;,; of >'the deadline which hes been established; and suggest that: they .do not present 'any item after the Monday':'preceding the day ,.of the Council .meeting;:' As: in'alie past; any::iftem.which you deem:to -be of an urgent nature; w111. be. included .for` printing, f: possible Your. cooperation in ahis matter:will: be:appreciated. t; 7W. 1 f M f E .M: 0'..R. A N D` U M ;. m0.. Brande`r IC. :'Castle, City. Administrator_ (Acting) PROM: Pe;ul C. Jones City '.Cl'erk _ DATE: November 2,_ 19 -.1 SUB'JECTs Council Mse:t m- . P16rn' ink tin several occasions ddfin ,the_=} t: few: ye s, �I Ymd -s"u es_tfe' - gg Mihler that .somE `cons id r; ti- ."be. �:ven':toIniti.atar:g: a movement :b*y the C'O.iirscil. to c e ' day of Plarin rig..'Commiss,ion ineeti,ngs"froin Tuesday 'to Wene 'I"have. 'no idea tivhat response would -be received -from- tYi Comrr!isgion :regarding: his proposed change, .howeuer,. `• _. l e that `the _benefits -derived •:. he re from would offae t o e Lpf t t,' at Tt; is 'my contehtiori, that `'' Commission's. meetings' were moved to UJeBnesday, this .�e ues'day=evenir,� ,always available for a continuaio f tli ' Council meeting ii �it .is found'-to be. , necessary. As `y t :are 1-.aware, oh tn+ riy occgs-ions .during tYi�e past, year.. .the.:`C cil : e sings :;are:'so_ extended that they do i;ot re'ach,_'�Public' Hea it l0i 30 or' even' 1'1: 60 "P,M. It seems to me_`.the-t. the.City cil ;is :n' -happier- with this s ituatioii ;than. °thie rest• of us When this: occurs` it id possible that.; being.`;r e'xtre neZ.Y :tire`, they, do not ;ive full cons-idera. on to the. {nisi- te,rs 'presentec9: - t hf• you,-..,feel =that this suggestion hits• merit, you might wish to tdke. -steps to .ppesent it: to the .'Couneih I -felt-ah�tt Co'unc.'ilvm' Mstney:'s..ino: iori of ]a.ot evening to resr?*nde-: the•-agenda to :place Council •Commitite& Reports and .Council 'Member -Comments.; as..the :aast tYiing: before Oft- °Comiriunicetions was' _ari Aind.icatIion aha�t :they would'. hike 'to= 'see s-ome : charigc : The :mot ion.'wsa de 'eated:,::but- I` tie.lieve he ention wits there. - = • — _ .. is -- , r e t fic . - Pa�e " 2 :Meuiorand-►..� 1:1/2/71 - - - .Y _ - - - - - I. Tf the . Council. does_.not concur'•-w th the :proposal I.:..a..vc presented;= . . - they- might- ,wish' to cons der- putt_4x g. resolutioris an& ordinances, - I. ' both•.for. :adoption ;nd -lntiroduca on., ._ahead of:-Co.unc.il--couinUttee_ - - reports . =This:`would make the Council comcnittee':_repoi^te= and 'eom , . ♦ menu .the,last"th:ing aurirr the:..4 30 section,o .the..agerida. _ - i -- - % r = .. 'rI i I. ' _ - r - �- - - . _ .. ,. • _-. . •�,. - _. - --_ . . - - -, - - �r. _ - - - _ -.' _ .. - e -`- F ''�.' - �- - :. _. Z. %- / c -_. -1 _ _ J -. i .•�� .. '• .2- - - - _ _ -a _ -a - _ - _ _ . "I �+ . • . — {, - i-- - "5 .. - - • . .� 1. l . r...- - _ n ' _ O OFFICE MEMORANDUM To ALL DEPARTMENTS Date DECEMBER 9, 1971 From ROY HOW - PURCHASING 6'S In Re MAIL PLEASE HAVE ALL BULK OR LARGE VOLUME MAIL READY FOR PICKUP AT THE MORNING OR AFTERNOON PICKUP. WE HAVE BEEN OVERWHELMED BY THE VOLUME AFTER 4PM AND CANNOT GET IT ALL OUT. WE MUST HAVE ALL MAIL STAMPED, SORTED, BAGGED, AND DELIVERED TO THE POST OFFICE BY 5PM. IT LEAVES THE MAIL ROOM AT 4:45. THE POST OFFICE BEGS US TO MAIL EARLY IN THE DAY. WE BEG YOU. BY MAILING EARLY IN THE DAY YOU CAN SAVE 24 TO 48 HOURS DELIVERY TIME. ROY HM PURCHASING AGENT CITY OF HUNTINGTON BEACH O F F I C E M E M O R A N D U M TO: ALL DEPARTMENT HEADS FROM: BRANDER CASTLE, ASSISTANT CITY ADMINISTRATOR DATE: AUGUST 5, 1971 IN RE: REVISION OF TRAFFIC Al"CIDEN-1 COMMITTEE PROCEDURES .S As suggested by the Director of Personnel, the following steps have been added to the Traffic Accident Committee Procedures: 1. The final report and a report from the' Department Head reflecting the discipline given to the individual shall be returned to City Personnel for inclusion in the personnel file of the individual.. 2. All employees whose accidents are to be reviewed shall be notified of the hearing so they may attend if they i ish. The remainder of the procedures is unchanged. BRANDER CASTLE Assistant City'Administrator BC:MS:skd 17 �? C� . 5 August 1971 TO: All City Employees FROM: City Administrator SUBJECT: Auto Accidents Any employee involved in any auto accident during normal working hours or while on city business at any time, whether driving their own car or city- owned car shall report such fact immediately to the Administration office . DOY MILLER Ci Administrator CITY OF HUNTINGTON BEACH O F F I C E M E M O R A N D U M TO: ALL DEPARTMENT HEADS FROM: BRANDER CASTLE, ASSISTANT CITY ADMINISTRATOR DATE: AUGUST 5, 1971 IN RE: REVISION OF TRAFFIC ACCIDEi'T COMMITTEE PROCEDURES As suggested by the Director of Personnel, the following steps have been added to the Traffic Accident Committee Procedures: 1. The final report and a report from the Department Head reflecting the discipline given to the individual shall be returned to City Personnel for inclusion in the personnel file of the individual. 2. All employees whose accidents are to be reviewed shall be notified of the hearing so they may attend if they wish. The remainder of the procedures is unchanged. BRANDER CASTLE Assistant City Administrator BC:MS:skd 5 August 1971 TO: All City Employees FROM: City Administrator SUBJECT: Auto Accidents Any employee involved in any auto accident during normal working hours or while on city business at any time, whether driving their own car or city- owned car shall report such fact immediately to the Administration office . DOY MILLER Ci Administrator Po February 8, 1971 CITY CLERK MONTEREY PARK,.CALIF. To: City Council FEB 9 1971 AM KA From: City Attorney Re: Receipt of Letters in Connection ' with Quasi-judicial Hearings The Court of Appeal of the State of California in the case of Palos Verdes Monaco v. County of Los Angeles , 2d Civ. 36601, determined January 27 , 1971, has held that letters received before or during the course of a public hearing (quasi-judicial) must be made public and disclosed for the benefit of all participants , and that letters (or 'phone calls) received after the conclusion of the hearing must be totally disregarded. To do otherwise would constitute a violation of due process and invalidate the decision. The Court cited the case of Desert Turf Club v. Board of Super- visors , 141 CA 2d 446, as its authority. Respectfully.�,s.ubmitted, Charlestl1C.``Martin City Attorney w CRM:pc uU rri� ' � XLoay/ • II '� Huntington Beach Planning Commission P.O. BOX 190 CALIFOR14I4�92648)30 IC April 17, 1969 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Planning Commission SUBJECT: Treatment of Public and Quasi Public Uses �� . .•L_ ATTENTION: Doyle Miller, City Administrator Gentlemen: The Planning Commission, at their April 15, 1969, meeting adopted a statement of policy regarding the treatment of public and quasi public uses. Said policy statement re- quires that: In all cases where an application for a Use Permit is filed to permit public or quasi public uses, described in Section 9251.2.3 of the Huntington Beach Ordinance Code, such application shall be heard in the first instance by the Planning Com- mission under Article 984 of the Huntington Beach Ordinance Code. Written notice of the action taken by the Commission in such Use Permit cases shall be mailed to each member of the City Council on the day following the Planning Commission meet- ing at which such action was taken. It is under- stood and acknowledged that under Section 9881 of the Huntington Beach Ordinance Code the City Council, or any member thereof, may request in writing without explanation, within the ten-day period for appeal, a hearing before the City Council to consider any decision, determination or requirement of the Planning Commission. This action was taken by the Planning Commission as an interim measure until such time as the Planning Staff can prepare a code amendment to handle such uses under the Special Use Permit procedure. In this application, the burden of proof will be tied to the granting of the use permit rather than the denial and the burden of proof will rest with the applicant rather than the Planning Commission. Steps to affect this ordinance have not been taken because it is only a portion of an extensive study and review of all application procedures. /1 It was the consensus of the Commission that the above stated policy will effectively protect the interests of the City and of the citizens of Huntington Beach during the interim period. Respecctfull ubmitted, K. A. Reynolds Secretary, Planning Commission KAR:b d I. \={ b I 7 aN e 7 December 1970 TO: City Council FROM: Don P. Bonfa, City Attorney SUBJECT : Riles of Conduct at City Council Meetings The City Council has asked this office to investigate and make recommendations with regard to the establishment of rules of conduct at City Council meetings . At its last session, the legislature amended The Ralph Brown Act by adding Section 54957 .9 of the Government Code , authorizing the clearing of the meeting room and continuing in session when the meeting is wilfully interrupted, so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by removal of individuals who wil- fully interrupt the meeting. A copy of the amendment is attached hereto as well as a copy of a new.s item discussing the amendment . It appears that in view of the new Government Code section, . it will not be necessary for Council to enact special rules with regard to conduct at Council meetings, as wilfull inter- ruptions may be controlled under said amendment . Respectfully submitted , DON P. BONFA City Attorney DPB:bc Attachments u• CHAPTER 1610 r An act to add.sections 11126.5 altd 54957.9 to the Government Code,reiatiny to meetings. The people of the State of California do enact as follows: 8$onow 1. Section 11126.5 is added to the Government Code, to read:. 11128.5. In the event that any meeting is willfully inter- rupted by a group or groups of persona so as to render-the orderly conduct of such meeting unfeasible and order,cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the state agency conducting the meeting may order the meeting room cleared;- and continue in session. Nothing in this section shall prohibit the state agency from establishing a procedure for readmitting an individual or individuals not responsible for willfully dis- turbing the orderly conduct of the meeting. Only matters ap- pearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be . allowed to attend any session held pursuant to this section. SEC. 2. Section 54957.9 is added to the Government Code, to read: 54957.9. In the event that any meeting is willfully inter- rupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting tJ,e meeting, the members of the legislative body conducting the meeting may order the meeting room cleared r,n.d'continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited repre- sentatives of the press or other news media, except those par• ticipating in the disturbance,shall be allowed to attend any section held pursuant to this section. Nothing in this section shalt prohibit the legislative body from establishing a pro- cedure for readmitting an individual or individuals not re- sponsible for.willfully disturbing the orderly conduct of the meeting. SEC. 3. The Legislature finds that it is in the public inter• est to allow duly accredited representatives of the press or other news media to attend sessions from which members of the general public have been excluded by reason of a willful disturbance. HISTORY: A.B. 981, approved and filed September 20, 197Q 585 20 THE LOS ANOIELt8 DAILY JOURNAL ,Tuesday, November 24, 1970 Antidissident Law Draws' criticism By TED THOMAS SACRAMENTO—California's state Legislature has given city councilmen, county supervisors and other public officials a powerful weapon in dealing with dissidents by allowing them to clear their meeting halls and to deliberate in private,when faced with unruly demonstrations: Like any weapon, the antidissident law should be used with extreme caution and not be aimed at the wrong people. Hopefully, a city council will not clear its halls on a flimsy pretense just so it can avoid the public or cut off testimony it finds embarrassing or disagreeable. The new law,written by Assemblyman Don Mulford,allows the presiding officer and a majority of a city council or other public body to toss out newsmen,as well as the general public, if the reporters are participating in a disruption. Mulford's bill vehemently was attacked by many newsmen— and was regarded with doubt by some members of Gov. Ronald Reagan's staff. Reagan, however, signed the bill into law. Mulford,4A Oakland Republican,introduced AB 981 in response to trouble experienced by the Berkeley City Council-and other bodies. An estimated 2,000 demonstrators protesting a proposed police helicopter patrol forced adjournment of a March 31 public hearing in Berkeley, presided over by Mayor Wallace Johnson. It's easy to understand why Mulford made his proposal to give the bum's rush to demonstrators. It's also easy to understand why some members of the press and others are disturbed about Mulford's solution. Some feel that the new law makes a mockery of California's envied Ralph M.Brown Act,which states that such bodies as city councils must meet'in public, unless they are discussing per- sonnet or other specified matters. One criticism of Mulford's bill is that it suspends rights in emergency situations—thus playing into the hands of militants who claim that the American system can't work. `,Law-and-order advocates who disagree with Mulford's ap- proaeh--argue that city councils faced with disruptive demon- strations simply should use whatever police power is necessary to .toss out the troublemakers,allowing other metttbers of the public' to remain: Final.:-Judgment of Mulford's law must await its im- plementation.. Mulford's law says that a meeting hall should be cleared only if order cannot be restored by removing demonstrators. The law also:states that::: only`—tters a- ' on the meeting agenda- may be discussed in-closed meeti "Duly aect�lited rep ntatives of the press or other news me ;except.thpie part' tlag.in the disturbance, shall be allowed to attend any session held pursuant to"section." Unless city councils and other public bodies-get carried away . fipd abuse the law,it probalsl3'will-not cause a great outcry. 'If councllMen,supe visogs,or gibers stretch•the intent of the law,•reaction wdll.-be swift � ' ' The,regionul_chapter of i6 a Delta Chi,a national society of newsmen, attnEuutced tt is prepared to take immediate legal action if local agencies:'"capr;ciouily exclude newsmen from public;meetings.". Sigma belts OO officials state thit Mulford's bill is too.loosely . worded, leavlttg,,too.mucli=to. the judgment of public officals conducting meetizigs 'Tom Woods,ppeildegt of tSigtti . ta•Chi'a Central Ca1ROrnia chapter, said the Mulford lbw"dries not define what qualifies a . :reporter as participating`.ln=s disturbance.!' "It uld be merely doing h ;site Bing t with and pager;~caa:era' t>ili�ophone," il. sit said hecarefully` dled!!B A8t sig>ie -it,and insisted"it can't be late tpr as a_ press." The;RepWicah" Vernor ation carr be written W correct;the sltiiation—if public t ge cies stretch the'intent'of the law: 1 k ` jM':E,-M Q R.A'W,D :U M TO: Don P.,::Bonfa • ' f K City Attorney FROMs~ Paul C,` Jones 1 SUBJECT= ' Dinner., at Cou ncil Meetings It is. requested that",you supply me with a letter, or memorandum indicating ,the;- rocedure which::vhbuld be used:-by;,the 'Cit :,Council en-holding -a:,meeting ,dur= the dinner hour recess_'caled b- the Ma or::between =, Y ' . y the -two sessions of°the regular.. meeting: isince it appears to be the,.wish' of� the: d6%ik6ii •to hold such meetin a certain,' roblems, arise is connection g � P =:therewith: Section 704 o'f. the.=Huntington Beach City` :; - Char er indicated ;that'the City 81erk ;sha1.1':have the; .L . power and should: - f `s (a) Attend all meetings of the City Council; w` runless ;excused, -and .be respori_sible::.for `the :. recording' .and-inaiitaining`of'a full and:;_true record.o_f All.`of ;then pro.ceedirigs of the=Ciay t -Counc;il.:.in books '.that_ shall bear;:appropriate title: and' be' devoted to such purpose.'. j M1 - --Under such circumstance, -_-it appears.` to .me that if the 'Council- is. in;regular-"session::during .they �dnner-�hour and: -, ' . :in a'-position.zto 't::ake• official,-action on behalf�-of` - City,. the" responsibility for such recording and'.maintain= =. ding.;of i�ull:;and. true record 'still.:reiaains with they ty Clerk.-. :I grant that #n :each _case, 'which'. has occurred:.to date; the City Clerk has .been excused by the Mayor from _ ful.filling his dudes;- and_some other person.-has been ' appointed to .serve as ,.Clerk oof._the Council. :Yet, =I find . ' no :procedure``Set forth ins the City'Charter= authorizing fhe 'appontmen.t: of a temporarq:`.Cityc Cork. r , c {•- r.' M E M O R A N D U M TO: Don P. Bonfa FROM: Paul C. Jones SUBJECT: Dinner Recess at Council Meetings oR It is requested that you supply me with a letter 4of memorandum indicating the procedure which should be used by the City Council when Aew� holding a meeting during the ______ __/dinner hour. called by the ayor between the two sessions of the regular meeting. Since it appears to be the wish of the Council to hold such meetings, certain problems arise in connection therewith. Section 704 of the Huntington Beach City Charter indicates that the City Clerk shall have the power and should: ":(a) Attend all meetigg s� of the City Council, unless excused, and be responsible for the recording and maint,,�� i:ng of a full and true record of all of the proceedings of the City Council an books that shall bear appropriate title and be devoted to such purpose. " � Council Under tom- circumstance, it appears to me that if the KXXXX is in regular session during the dinner hour and in a pmasi-txom position to take official action on—behalf of the City, the responsibility fAr such recording and maintaining of and full and true record still remains with the City Clerk. I grant that in each case, has occurred to date, the City Clerk has been excused by the Mayor from fulfilling his duties, and some other person has been to serve as Clerk of the Council. Yet I find no procedure set forth in the City Charter authorizing the appointment of clr�t !�i t <� r� py.� N '-C:�y .1..e� . • NATHAN A. CHERRY PURCHASING AGENT UNTY OF - TELEPHONE: 834-3400 1 AREA CODE 714 RANG E 400 CIVIC CENTER DRIVE WEST P. O. BOX 584 SANTA ANA, CALIFORNIA 92702 PURCHASING DEPARTMENT April 20 , 1970 TO: All Orange County Cities Concerned FROM: Nathan A. Cherry, Purchasing Agent SUBJECT: County Microfilm Vault Storage Agreement By resolution of the Board of Supervisors of Orange County, the undersigned County Purchasing Agent is authorized to execute appropriate agreements with individual cities for the storage of original micro- film at the Orange County microfilm vault located on the Joplin Ranch. A copy of the agreement, procedure information, etc. is contained within the enclosed booklet. The cost factor for the cities is outlined below and may vary from one fiscal year to another based on calendar quarterly rates. Rental charges for County-furnished equipment includes vault storage space. Roll Film Cabinet - complete: $22.00 Per drawer: 1.50 Aperture Cabinet - complete: 15.50 Per drawer: .75 County Personnel Utilized Rate per each man hour: $ 7.25 Current Mileage Rate per mile $ .12 We are happy to furnish this cooperative service to your city with mutual satisfaction desired. Very truly yours , NATHAN A. CHE County Purchasing Agent NAC/ECD/bas Encl. r r IIP i - pq t ' 41 N `f t•. r ..Y'q 4$`.4s'y`;+iY ti' �� 7•-�*gyp +:tl�, �t•���� �ii •il:�1� $. ~�...n:•' ^"tea �- � ., '� 4• i�rg. fib. A � ^r�,-'y�.� �' } 3,. P* �, ORANGE COUNTY CITIES ORANGE COUNTY MICROFILM STORAGE SERVICE PROCEDURE INFORMATION I. (a) Each participating city will be initially assigned an individual fifteen (15) drawer roll film storage cabinet if needed capacity warrants. (b) Roll film cabinets will be identified with embossing tape for each city or with the number of drawers required identified for that city. (c) Aperture card cabinets have twenty-two (22) drawers each and have a capacity of 3,000 cards per drawer. Each city will be allocated a sufficient number of identified drawers in accordance with their projected space needs. (d) The original film only will be stored at the Joplin Ranch vault; therefore, no equipment will be located at the vault for film inspection. The vault will not be a records center. It is presumed that each city will have one or two "diazo" or duplicate copies of all film in their possession for inspection, proof reading, copy printing, etc. (e) If a city receives roll film packed in cartons from the contractor and the lowest numbered roll is on the bottom, please reverse the packing sequence prior to delivery to the vault in order to expedite storing in the sequence that you desire. This would also pertain to aperture card sequence. II. Vault Accessibility (a) The Central Services section of Purchasing will require a minimum twenty-four (24) hour notice from any city to arrange a suitable day and time to transport the authorized city personnel and the film to the vault from the County Purchasing Department's location. (b) Keys to the vault are restricted to two Central Service personnel only and will not be issued to any city. III. Time Element (a) Travel time to and from the Joplin vault from this department's location will be approximately two (2) hours plus the time used in loading, unloading, and city self-storage of film in the cabinets. VI. Mileage Factor (a) Current per mile County cost to be paid by city. Approximate round trip mileage at present is 60 miles. V. Information Required from City by County (a) Authorized letter of request to indicate agreement. (b) Exact number of initial quantity of rolls of 16 or 35mm film and/or aperture cards to be stored. (c) City authorized department and personnel name(s) and telephone number. VI. Cost Recording County will maintain a permanent log book record of each city's: current storage space usage; number of trips per quarter; County man-hours used per trip; mileage used per trip. VII. County personnel will verify by signature and date. City furnished trip record sheet is desired. t;t�;4Ef�4fffEf lff iiii•� r' rli �,i 4,t1i41, � � 4ff4fff4EEff4f4f44f ■ 14EfiEiElfcric ROLL CAPACITY — 16MM Vertical Drawers 1-4 (6 secs.) Each holds 22x6= 132 Rls <= Total: 528 16MM Rls Horizontal Drawers 5-15 (5 secs.) Each holds 27x5= 135 Rls Total: 1485 Rls 15 Drawers, capacity: 2013 Rls r - r , tl ® F 4� _ r ROLL CAPACITY — 35MM Vertical Drawers 1-4 i Will hold 13x6= 78 Rls Total: 312 Rls Horizontal Drawers 5-15 Will hold 16x5 = 80 Rls Total: 880 Rls .' 15 Drawers, capacity: 1192 Rls 4- AGREEMENT THIS AGREEMENT is entered this day of 19 , by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as COUNTY, and hereinafter referred to as CITY. WITNESSETH : 1. For the consideration hereinafter set forth, COUNTY agrees to make available to CITY in the Orange County Microfilm vault located on the Joplin Ranch, drawer space in roll film cabinets and aperture card cabinets for the purpose of storing original microfilm only. 2. Procedures governing access to and use of the vault, established by the County Purchasing Agent, may be changed by him to be effective thirty days after written notice to CITY. Microfilm will be placed and removed from the drawers only by the representative of CITY, except as provided in Clause 7 hereof. CITY access will be only in the company of a COUNTY representative who will function as security officer for the benefit of all other users of the microfilm vault. 3. COUNTY will bill at the end of each calendar quarter and CITY agrees to pay within thirty days thereafter, charges based on: a. Space costs at the current rate per drawer. b. Access time costs at the current rate per hour for COUNTY personnel required. c. Access mileage costs at the current rate per mile between the Purchasing Department and the Microfilm vault. These charges will be based on cost as determined by the County Auditor-Controller. Rate changes will become effective only for billing periods commencing at least ninety (90) days after the mailing of written notice to CITY by the County Purchasing Agent. Charges for space in any particular drawer will begin as of the first of the month in which CITY commences use thereof, with one-third of the quarterly rate applying to each month. All drawer charges shall continue to and cease as of the last of the month during which CITY removes the last of its microfilm from the drawer. 4. COUNTY retains the right to assign and reassign particular drawers. 5. It is understood and agreed that CITY is the primary beneficiary of this Agreement and its results, the only benefit to COUNTY being reimbursement of its costs. Therefore, CITY shall indemnify and save harmless COUNTY, its officers, agents, and employees, from and against any and all claims, demands, loss or liability of any kind or nature which COUNTY, its officers, agents, and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with this agreement or with occupancy and use of the microfilm vault by CITY, its officers, agents or employees. CITY shall similarly indemnify and save harmless each and every other City or Agency using the microfilm vault under agreements with COUNTY similar to this Agreement. Further, CITY assumes complete risk as to CITY loss by or resulting from damage to or theft or destruction of CITY properly while in the microfilm vault or in transit to or from the vault caused by any means whatsoever. CITY, by execut- ing this Agreement, certifies that it then has and will thereafter maintain adequate public liability and workmen compensation insurance to cover its employees and operations in fulfillment of this Agreement. 6. This Agreement may be terminated at any time by mutual consent of CITY and COUNTY, or at the end of any calendar quarter by a written notice by either party mailed at least six months prior to the intended effective date. It may be terminated by COUNTY at any time if any bill to.the CITY remains unpaid for three months. This Agree- ment will terminate immediately upon the complete destruction of the microfilm vault or if COUNTY is dispossessed thereof by process of law or otherwise. In such case, COUNTY will give notice to CITY as early as possible. 7. Upon termination of this Agreement, other than by destruction of the microfilm vault, CITY agrees to remove all of its microfilm under regular access procedures within thirty (30) days after such termination. Any microfilm not so removed will be considered to have been abandoned and COUNTY shall have the right to remove and to dispose of such microfilm without liability therefor to CITY or to any person claiming under CITY and shall have no need to account therefor. 8. If money payable to COUNTY as a condition of this Agreement is not paid when due, a penalty of six percent (6%) of the amount due and unpaid shall be added to the amount due and the total sum shall become immediately due and payable to COUNTY. A further penalty of six percent (6%) of the amount due and unpaid, including previously assess penalties, shall be added for each month that said amount remains unpaid. If payment is withheld by CITY for sixty (60) days or more after billing by COUNTY, COUNTY may deny to CITY the right of access to the microfilm vault until all amounts then due, including penalties, are paid in full. 9. All notices pursuant to this Agreement shall be addressed as set forth below or as either party may hereafter designate by written notice and shall be sent through the United States mail. TO: COUNTY TO: CITY County Purchasing Agent P. 0. Box 564 Santa Ana, CA 92702 10. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. COUNTY OF ORANGE By Nathan A. Cherry County Purchasing Agent CITY By APPROVED AS TO FORM Adrian Kuyper County Counsel By APPROVED AS TO AUDITING AND ACCOUNTING V. A. Heim Auditor-Controller By Deputy The County of Orange California presents the ROAD TO SAFE MICROFILM STORAGE --- .--.-.-. October 21 1970 ........_ TO: City Council FROM: Don P . Bonfa, City Attorney SUBJECT: Review of the Law on Conditional Exceptions for the Purpose of Permitting the City Council Greater Latitude in Granting Exceptions The true problem involved is that the zoning ordinances are too restrictive and therefore, the City Council and Planning Com- mission have been forced to distort the conditional exception procedure and concept in order to permit desirable development within zones which do not permit such development . The solution is not to change the conditional exception concept which has been made more restrictive on the state level and for general law cities by recent legislation, but to amend the zoning and planning ordinances to remove arbitrary and artificial restric- tions on height , use, setbacks, etc . It has been recognized by the City Council, the Planning Commission and the staff that these restrictions have not prevented development which is generally understood to be less desirable, but has restricted other types of development, particularly developments designed on a project level and not individual buildings . It is suggested that an ordinance which will provide for a blending of uses and approval of an overall development plan or project similar to the planned development ordinance be adopted. Of more narrow effect and applicability would be an overlay zone which would permit substantially the same development as in the planned development type ordinance . For development of individual parcels the correct solution, as stated above, is to amend the zoning ordinances to be more reasonable . Respectfully submitted, i DON P. BONFA City Attorney / DPB:bc -3 Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 MEMO: To: Paul Jones, City Clerk From: Robert-Joe Vasquez, Planning Dept. Attn: Roy How, Purchasing/Vic Bell, Printing Re: Color Coding of Division 9 In following through on color coding of Division 9, the City Attorney sees no legal problems arising (see attached) . The color coding should be implemented as amendments are processed. The colors would be as follows: (see attached color samples) White - "Planning Commission and Districting Plan" From the beginning of Div. 9 through and including DM 40. Yellow - "Residential Districts" Chapter 91 and 92 Pink - "Commercial and Professional Districts" Chapter 94 Blue - "Industrial Districts" Chapter 95 Green - "Miscellaneous Districts" Chapter 96 Salmon - "General Provisions" Chapter 97 Grey - "Administration" Chapter 98 Buff - "Subdivision Code" Chapter 99 Chapt. 90 Planning Comm Sion and Districting Plan Chapt. 91 & 92 Residential Districts and Professional Chapt. 94 Commercial/Districts ,a Chapt. 95 Industrial Districts Chapt. 96 Miscellaneous Districts Chapt. 97 General Provisions Chapt. 98 Administration Chapt. 99 Subdivision Code s OFFICE MEMORANDUM To BOB VASQUEZ ) Planning Department Date September 15, 1970 From LOU ANN MARSHALL, Assistant City Attorney In Re Color Coding of Division 9 We see no legal problems with color coding Division 9 of the Huntington Beach Ordinance Code . LAM: lm 7-7' l 27 July 1970 TO : City Council FROM: City Attorney SUBJECT: Use of Facsimile Signatures The attached ordinance was prepared by the City Attorney ' s Office . This resolution is required to take care of those occasions when the mayor is absent from the state . Respectfully submitted, DON 1�' BONF City Attorney DPB :LAM: ccj Attachment i RESOLUTION NO. 3199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A MINIMUM LIABILITY INSURANCE LIMIT WHEREAS, there are persons engaged in various activities in the city which are hazardous and subject the city to possible liability for damage to property and injury to persons; and For the protection of the public health, safety and welfare, the city requires such persons to maintain insurance, naming the city additional insured; and The city desires to establish uniform minimum liability limits for all such persons engaged in hazardous activities who are required by ordinance, resolution or otherwise to provide �- .. such liability insurance, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve that the minimum liability limits shall be as follows : 1. Bodily Injury: �? Manufacturers and Contractors : $250,000 eachl"person. Comprehensive General: $500,000 each accident . Property Damage : $100,000 each accident . I 2. Additional Insured Endorsement : j The insured agrees that the City of Huntingtlon Beach i and/or members of the City Council or boards or commissions and elective and appointive officers, servants or employees of the City of. Huntington Beach when acting as such, are additional assureds hereunder. 3. Hold Harmless Agreement: The insured agrees to protect, .defend, indemnify and save harmless the City of Huntington Beach against loss ,`-.,damage or expense by reason of any suits, claims , demands , judgments 1. ,, ' r and causes of action cau::ed by insured, : ... -~: loyee , agents or any subcontractor ari.-•ing out of or of the performance of all operations covered b;/ t,h] (:er•tificate . 4 . Any person eng•Lging in any act .v.'.t;y i stermined by ordinance, resolution �,r the City Admin.i .'t. rator to subject the city to a possibility of liability shall provide- the city with a certificate of insurance on a form approv%,d and provided by the city . PASSED AND ADOPTED by the City Council f' the City of Huntington Beach at a regular meeting thereof held on the 3rd day of August , 1970 . AALIt Ma or Pro em Cit Jerk A.PPRr-'V ,D AS TO FORM: City A rney i i 2. r � � e STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, the duly elected , qualified and acting City Clerk of the City of11untington 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the _�rd day of - August 19 z0 by the following vote : AYES: Councilmen: Green, Bartlett, McCracken, P-atnejy, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs, Shipley City Clerk an x-officio Clerk of the City Council of the City of Huntington Beach , California I t ;j 7 f a 24 July 1970 TO: City Council FROM: City Attorney SUBJECT: Resolution Establishing a Minimum Liability Insurance Limit Due to recent court decisions , it would be advisable for the city to establish the amount of liability in- surance by resolution and therefore , we submit the attached resolution for Council approval. Respectfully submitted, DON P. BONFA City Attorney /ahb Attachment I v i 1',_J RESOLUTION NO . 3199 A RESOLUTION 'OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A MINIMUM LIABILITY INSURANCE LIMIT WHEREAS, there are persons engaged in various activities in the city which are .hazardous and subject the city to possible liability for damage to property and injury to persons ; and For the protection of the public health, safety and welfare, the city requires such persons to maintain insurance, naming the city additional insured; and The city desires to establish uniform minimum liability limits for all such persons engaged in hazardous activities who Are required by ordinance, resolution or otherwise to provide such liability insurance, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve that the minimum liability limits shall be as follows : 1. Bodily Injury: Manufacturers and Contractors : $250,000 each person. Comprehensive General: $500,000 each accident . Property Damage : $100,000 each accident . 2. Additional Insured Endorsement: The insured agrees that the City of Huntington Beach and/or members of the City Council or boards or commissions and elective and appointive officers , servants or employees of the City of Huntington Beach when acting as such, are additional assureds hereunder. 3. Hold Harmless Agreement: The insured agrees to protect, .defend, indemnify and save harmless the City of Huntington Beach against loss , damage or expense by reason of any suits , claims , demands , judgments 1. Res. No. 3199 STATE OF CALIFORNIA ) c COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, the duly elected , qualified and acting 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 3rd day of August 19�, by the following vote : AYES: Councilmen: Green, Bartlett , McCracken, Matne.y, Coen NOES: • Councilmen: None ABSENT: Councilmen: Gibbs , Shipley City Clerk an x-officio Clerk of the City Council of the City of Huntington Beach , California r ' i. . and causes of action cau:3ed by insured, his employees , agents or any subcontractor ari:;ing out of or in consequence of the performance of all operations covered by this certificate . 4 . Any person engaging in. any activity determined by ordinance, resolution or the City Administrator to subject the city to a possibility of liability shall provide the city with a certificate of insurance on a form approved and provided by the city . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of August , 1970 . AUA WZ7�2—, Ma or Pro errs ATTEST: Cit lerk APPROVED AS TO FORM: C City A rney 2 . F ' -Huntington .Beach, California 2 July, 1970 City Coun ci 1 City of Huntington Beach, California Honorable Members: As a resident property owner of many year's=! standing I received a copy through the mail of the Legal Notice:.of Public Hear-- ing -of Zone Case No. 70-10 to be held by.the City Flanning Commission for the purpose of considering- a Resolution of Intent involving a number of changes of zone within a very large' `portion of the City as indicated on a- map in the .offices of the Commission of `areas wherein oil production now not allowed in seven (7) of 'the zones may take place in future; viz.; From Zone RArO To Zone RA,01 R1-0 R1-01` R3-o R3-01 R4-0 R4-01 C1-0 C1-01 M2-0 M2-02 & M2..01' C2-0 C2-01 Section 9684 of Miscellaneous Districts reads thus: °On COMBINING OIL DISTRICTS . . There is hereby established -`t:lhe "e" District. The following uses, ,and none: other, are allowed in the3. "0" District (a) Any use' allowed .in the Combining Oil District; and (b) _ •Any oil operation; as defined herein, except drilling, redrilling or.fire flooding. In Section 9685 the last. sentence.-is-as follows: "All us'es' not allowed in 'the 11011 District are not allowed in the "01 " District, with the exception of-drilling and .redrilling-." And in-Section 9686 this, "All uses permitted in the 1101" District are allowed in. the °02" District provided an initial use per- mit is first obtained " . My present concern does .not'imply opposition to the_ pro- posed. changes which. I have been told purport to empower the City to- further advance the cleaning up of properties formerly operated.--under s oil leases, which I heartily endorse and commend, but, rather, that. the -steps propose'd."for consideration. by the Commission on July 7th be duly protected from possible future legal challenge by owners or lessors of other similarly designated ."0" District properties within. .-the portion ,of our -City which:are not included in the Zone Case.-Hear.- ing at this time. In this connection the thought that a single=pub- lication - June 25, " 1970 — in the weekly newspaper of limited circula- tion in our ,burgeoning city may not meet the legal requirement of public notice does concern me. For insufficiency of such notice :in at least one earlier contest the-City Council was bested by shrewd,.- petroleum lawyers. Before the present proposal is finalized, I am confident that the .Council will assure themselves of its correctness. Thank you for this portunity o express concern. Raymond Elliott, 1715 Main-.Street This letter was turned'in to my office with _a request that .copies be sent to the Council.. It concerns a matter to come up at the next meeting of the Planning-Commission and we- are .forw.arding a copy to the Secretary of that body. Paul C. Jones, City Clerh x - Run tingto�i::Adcwh canfprnia 2 July,- Qi ty L*idi l op-auntlTfgton beachs c'.pioz'ai�lc� l; mbeY•s7 �&s a rc�clderit prpperty;owner•of m thy, yed a. `etandiria t, rd.ceiv �l" a-copy through"the"mail of the-Legal Nati.ce of P»bli a ,near 9ng �F zone lea Alp.- 7Q-�0:'.ta:be held`bb the City PlU11-ring ODUM ,Qsior for the purpose of considering a•Reeoluticr..of Intent'Sr�vcslving a: z=ut:ber vf::chc»ge$ of siono vithin a,Very-large.portion,,of the-GSty as ' indicaWed on �i reap `in the officoe ©f the tb a,�ioji. o€ arep$ `1.1110rain. oil praductian3x nos: npt=Alloyed in ,seven (7) of" the•;'�onas Mey.;take place in,futurs, vis✓.; from :;ors Fule•0 " To -Zone Rl�-01 M . R1 RLj4 1. C1-0 ;SactidrA 96B4 of reado huso - 110n QZi r 1pi ews.. 'ihsro Is. hersby esiabli-ihad .`tohe 060 Zistrtt;t:. the felloW.4r,' iueogs and nona other. -are .allevied in the . - " �► 131str3 cts (a). F.�ly:.wee• tallowed in-to �:binirlg-`01.1 Ustrictl . cni d - ' (.b &,,y oj! opEration, •ae _cef'inoe herein.*-except c r-illing_, .rodrilling '. .'•r�r.'ff re flcarEing:` �,• • -" ' • ` . '• " . A Sw6tian:963 the last sontence 16 "fte folloke s "mil trcc�s.not Fllos ad 'irs>.the OoO:-nietriot are no. a}.lorrad in' thtr "01 0 !:3stri t, �3it's the'".excejAiA of drilling, -and' _ :nd n Action fz3d-this, "All �umes permitted -in the .N0.110 District .ere allowed"'in they ''0�" l'ictrict prc►4it3ed .an .initial use per it ip first oDtsinas ... n Uy Present ccnoertr daes`not img17.6provition to the pro posed,ch"ges whlrh .l have been. told pt,rport o. eacpoKer the city 'to_ further' advance'the cleaning up of properties f'ormarly aperatsd under- oil leasee which -I heartily cndorste arid,:command, but rather; thdt the atopa proposed for"'aonside ration. by the Crss�iss�ion azz auly 7th be duly protected,from-possible.future. 1-egal chA11enge by opTM�era or lessors or- other simildrlq dQP1 neteel "01' 71tptrlot prop�arti-es waitldn the portion -of our--City which- area not 'lrol-ut'od ii! the-i=6. Hear ear ing et,:his time. . In this connection "the Abou� that.t viiigle ;ub- . lication - Juxie.•2 , 1970 - in tho weekly ravaspeper .0:? li4mlAdd circuln� •tion" in our,burgaoning city M.ay,;z3ot was t .,Lhe le�gsl req,�,�lkfte n of public notide::doem eoncorn.r4a. For inuutfii ano y-.o:"`sucha notic* in at best one_ earlier eonfoat Abe City bested by shrewd. i - petroloure laeyare. Psefora the press p posal• is finuliverd, I 'ems PP GonftdcsnL that the Cbun� l trill 8aesxt'8:themselvees of its correctnorsa. Ttsat>k ynt� for this op rtu: ty to ,sprees concern.M. R4ymand tF.'i I•liott, 171. Vlain-3troet': April 7, 1970 TO: City Council FROM: City Attorney SUBJECT: Resolution re charges to be levied for copies of public records The attached resolution is submitted at the request of the Assistant Administrator, and updates present Resolution No . 2603 to include all departments of the city, rather than just the Police Department and City Clerk. Respectfully Submitted, DON P . BONFA City Attorney DPB:mw Attachment 4 RESOLUTION NO. 3160 • o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING CHARGES TO BE LEVIED BY CITY OFFICES FOR FURNISHING COPIES OF PUBLIC RECORDS WHEREAS, city offices are from time to time requested to make copier of public records for members of the general public ; and There is occasioned to the city a cost for the making of said copies ; and It is the desire of the City Council to establish reason- able fees to recover the. costs of making said copies , NOW, THEREFORE, BE IT RESOLVED as follows : SECTION 1 . The following fees and charges shall be collected by all city departments: $4 . 00 for fingerprinting school employee applicants ($2 .00 shall be retained by the city and $2 .00 sent to the State Department of Justice , Bureau of C. I . I . as per Section 13588 of the California Education Code . $2. 00 for fingerprinting each person, except for applicants for a city license or city employment , and except in cases covered by state law . $1.50 per page for each duplicate copy made of a police report . $4 . 50 for duplicate copies of each traffic accident report when such report consists of less than seven (7) pages . Any duplicate copies of reports consisting of seven (7 ) or more pages shall cost $4 . 50 for the first six (6) pages and $1 .00 per page for each additional copy . $2. 50 for each set of photo contact prints of collision scenes . $5. 00 for each 8" x 10" photo enlargement of collision scenes . $1 . 50 for each 4" x 4" photo contact or enlargement of collision sceneB . 1 . f Duplicate documents from copy machine - first copy $ .50 Subsequent ccpies from same master • 35 Duplicate documents from microfilm - per page 1 .00 Huntington Beach Ordinance Code - per page . 10 Huntington Beach Ordinance Code Book 35 .00 Annual Renewal - January lst - H. B. Ordinance Code Book 10 . 00 H. B. Planning Code Book - Division 9 15 .00 Annual Renewal - January 1st - H. B. Planning Code Book 7 . 50 Sectional District Map Book - S. 9061 , Huntington Beach Ordinance Code 10 .00 Annual Renewal - January lst - S. 9061, Huntington Beach Ordinance Code 5 .00 . Council Minutes - Subscription per year 10 .00 Annual Renewal - July 1st Council Agenda - Subscription per year 10 .00 Ann:;al Renewal. - July 1st SECTION 2. Where a copy of a public document which is not covered by this resolution is properly requested by any person, the city official who has custody of such document shall charge and collect a fee therefor, which fee shall reasonably reflect the co:'t of the production of the copy of such document as determined by that city official with the approval of the City Adminl.;trator. SECTION 3 . The charges made by this resolution shall not apply to roptes requested by or for, city offices or employees for the -oniuct of city business . PASSE: AND ADOPTED by the City Council of the City of 2. 1 r A C'7 Hunt ingtjn Fl`ach at a regular meeting thereof held on the ?r,r.! _cjay of ..Eril 1970 . gay or -- ATTEST; i s City Cyr � r TO FORM: City Attorney - �7 OFFICE MEMORANAM To All employees working in the Administra- Date September 26 , 1969 tion Building From Paul C . Jones , City Clerk In Re Security of Bldg . It has been brought to my attention that the procedure that is presently being followed whereby the last person to leave the building locks the front door of the building so it cannot be opened from the outside , is not being followed . As of this date , please be advised that some member of the City Clerk's staff will hereafter , at 5 :00 P.M. on any working day, lock the front door to the building so it cannot be opened from the outside . Any personnel remaining in the building after that time shall depart through the outside door to the Conference Room, making sure that the door is securely closed when they go out . This will avoid the necessity for each person to carry a key to the building. AMENDED IN SENATE JULY 27, 1968 AMENDED IN SENATE JULY 19, 1968 AMENDED IN SENATE JULY 15, 1968 AMENDED IN ASSEMBLY JULY 8, 1968 AMENDED IN ASSEMBLY JULY 1, 1968 CALIFORNIA LEGISLATURE-1968 REGULAR SESSION ASSEMBLY BILL No. 1381 Introduced by Assemblymen Bagley, Harvey Johnson, Beverly, Hayes,tMcGee,-and Negri (Coauthor: Senator Marks) April 3, 1968 REFERRED TO COMMITTEE ON JUDICIARY' An act to amend Sections 3020, 7017, and 19432 of the Busi- ness and Professions Code, to amend Sections 15490 and 16480.1 of the Government Code,to amend Section 11770.5 of the Insurance Code, to add Section 10207 to, and Chap- ter 3.5 (commencing with Section 6250) to Division 7 of Title 1 of the Government Code, and to repeal Sections 1208, and 20473 of the Agricultural Code, Sections 2122, 2713.5,2852.5, 4013, 4809.1, 5014, 6307.5, 7207.5, 7611, 8010, 8919.2, 9009.5, 9536, 9936, 10060, 18626.7, and 19035.10 of the Business and Professions Code, Article 1 (commencing with Section 1887) of Chapter 3 of Title 2 of Part 4 of, and Sections '1892, 1893, and 1894 of the Code of Civil Pro- cedure, Sections.113, 13867,-23607, 24156, 26008 and 31008 of the Education Code, Sections 105, 732, 1326, and 14107 of the Fish and Game Code, Sections 1227, 8013, 8340.8, 8440.8, 10207, 13913, 15487,,20137, and 65020.10 of the Government Code, Sections 1153.2, 1262, 1356, 1711, and LEGISLATIVE COUNSEL'S DIGEST AB 1381, as amended,Bagley (Jud.). Public records. Adds,amends, and repeals various sees.,various codes. Defines public records and requires public records to be open to in- spection during office hours and-allows any citizen to acquire a copy of a public record at a reasonable cost. Vote-Majority; Appropriation-No; Fiscal Committee-Yes. AB 1381 —2— 3805 of the Harbors and Navigation Code, Sections 103.2, 431.4, 1110.2,13141.2, 17940, and 18917 of the Health and Safety Code,. Sections 71.2, 137, 147, and 3092 of the Labor Code, Sections 538, 638, 666, 4567, 9065.2, and 9072 of the Public Resources Code, Section 21209 of the Public Utilities Code, Sections 2605 and 3009 of. the Vehicle Code, Sections 13008 and 20034 of tho Water Code, and Chapter 842 of the Statutes of 1959, relating to public records. The people of the State of California do enact as follows: 1 SECTION -1. .Section 1208 of the Agricultural Code is re- 2 pealed. 3 SEC. 3. Section 20473 of the Agricultural Code is repealed. 4 SEC. 4. Section 2122 of the Business and Professions Code 5 is repealed. 6 SEC. 5. Section 2713.5 of the Business and Professions 7 Code is repealed. 8 SEC.. 6. Section 2852.5 of the Business and Professions 9 Code is repealed. 10 SEC. T. Section 3020 of the Business and Professions Code 11 is amended to read. 12 3020. The board shall keep an accurate inventory of all 13 property of the board and of the state in the possession of 14 the board and it shall obtain a receipt therefor from its suc- 15 cessor. 16 SEC. 8. Section 4013 of the Business and Professions Code 17 is repealed. i 18 SEC. 9. Section 4809.1 of the Business and Professions Code 19 is repealed. 20 SEC. 10. Section 5014 of the Business and Professions Code 21 is repealed. 22 SEc. 11. Section 6307.5 of the Business and Professions 23 Code is repealed. 24 SEC. 12. Section 70i7 of the Business and Professions Code. 25 is amended to read: 26 7017. The board, in addition to the usual periodic reports, 27 shall within,30 days prior to the meeting of the-general ses- 28 sion of the Legislature submit to the Governor a full and 29 true report of its transactions during the preceding biennium 30 including a complete statement of the receipts and expendi- 31 tures of the board during the period. 32 A copy of the report shall be filed with the Secretary of 33 State. 34 SEC. 13. Section 7207.5 of the Business and Professions 35 Code.is repealed. 36 SEC. 14. Section 7611 of the Business and Professions Code 37 is repealed. 38 SEC. 15. 'Section 8010 of the Business and Professions Code 39 is repealed. 40 SEC. 16. Section 8919.2 of the Business and Professions 41 Code is repealed. -3- . AB 1381 1 SEC. 17. Section 9009.5 of the Business and Professions 2 Code is repealed. 3 SEC. 18. Section 9536 of the Business and Professions Code 4 is repealed. 5 SEC. 19. Section 9936 of the Business and Professions Code 6 Code is repealed. 7 SEC. 20. Section 16060 of the .Business and Professions 8 Code is repealed. 9 SEC. 21. Section 18626.7 of the Business and Professions 10 Code is repealed. 11 SEC. 22. Section 19035.10 of the Business and Professions 12 Code is repealed. 13 SEc. 23. Section 19432 of the Business and Professions 14 Code is amended to read: 15 19432. The secretary, shall keep a full and true record of 1.6 all proceedings of the board, preserve at the board's general 17 office all books, documents, and papers of the board, prepare 18 for service such notices and other papers as may be required 19 of him by. the board,_ and perform such other duties as the 20 board may prescribe. 21 SEC. 24. Article 1 (commencing with Section 1887) of 22 Chapter 3 of Title 2 of-Part 4 of the Code of Civil Procedure 28 is repealed. 24 SEC. 25. Section 1892 of the Code of Civil Procedure is 25. repealed. 26 SEc..26. Section 1893 of the Code'of Civil Procedure is �. 27 repealed. 28- SEC. 27. Section 1894 of the Code of Civil"Procedure is 29 repealed. 30 SEC.,28. Section 113 of the--Education Code-is repealed. 31 SEC. 29.. Section 13867 of the Education Code is'repealed.: 32 SEC. 30.- Section 26008 of the Education Code is repealed. 33 SEC. 31. Section 23607 of the Education Code is repealed. . 34 SEC. 32. Section 24156 of`the Education Code is repealed. 35 SEC. 33. Section 31008 of the Education Code is repealed. 36' SEC. 34. Section 105 of the Fish and Game Code is re- 37 pealed. 38 -SEC. 35. Section 732 of the Fish and Game Code is re- 39 pealed. 40- SEC. 36. Section 1326 of the Fish and Game Code is re- 41 pealed. . 42 SEC. 37. Section 14107 of the.Fish and Game Code is re- . r 43 pealed. 44 SEC. 38. Section 1227 of the Government Code is repealed. 45 SEC. 39. Chapter 3.5 (commencing with Section 6250) is 46 added to Division 7 of Title 1 of the Government Code, to 47 read: 48 CIIA TER 3.5. INSPECTION OF PUBLIC RECORDS 49 , 50 6250. In enacting this chapter, the Legislature, mindful of ' 51 the right of individuals to privacy, finds and declares that 52 access to information concerning the conduct of'the people's AB 1381 —4— 1 business is a fundamental and necessary right of every citizen 2 of this state. 3 6251. This chapter shall be known and may be cited as 4 the California Public Records Act. 5 6252: As used in this chapter: 6 (a) "State agency" means every state office, officer, depart- 7 meat, division, bureau, board, and commission or other state. 8 agency, except those agencies provided for in Article IV (ex- 9 cept Section 20 thereof) or Article VI of the California Consti- 10 tution. 11 (b) "Local agency" includes a county; city, whether gen- 12 eral law or chartered; city and county; school district; mu- 13 nicipal corporation; district; political subdivision; or any 14 board, commission or agency thereof; or other local public 15 agency. 16 (c). "Person" includes any natural person, corporation, 17 partnership,firm, or association. 18 (d) "Public records"- includes all papers,,maps, magnetic 19 or paper tapes, photographic films and prints, magnetic or 20 punched cards, discs, .drums, and other documents containing 21 information relating to the conduct of the public's business 22 prepared, owned,used, or retained by any state or local agency 23 regardless of physical form or characteristics. 24 6253. Public records are open to inspection at all times 25 during the office hours.of the state or local agency and every 26 citizen has a right to inspect any public record, except as 27 hereafter provided. Every agency may adopt regulations 28 stating the procedures to be followed when making its records 29 available in accordance with this section•. 30 6254. 40nihina4ydraf be construed a uire 31 u 32 (a) Pr or intra-agency 33 memoranda which are not retained by the public agency in the 34 ordinary course of business, provided that the public interest 35 in withholding such records clearly outweighs the public in- 36 terest in disclosure;. 37 (b) Records pertaining to.pending aw p--ems . etiv^`'-e litigation 38 to which the public agency is a party, or to claims made pur- 39 suant to Division 3.6 (commencing with Section 810) of Title 1 40 of the Government Code,until such litigation or claim has been 41 finally adjudicated or otherwise settled; 42 (c) Personnel, medical, or similar files, the disclosure of 43 which would constitute an unwarranted invasion of personal 44 privacy; 45 (d) Trade secrets; 46 (e) Geological and geophysical data, plant production data. 47 and similar information relating to utility systems develop- 48 meat, or market or crop reports, which are obtained in confi- 49 dence from any person; 50 (f) Records of complaints to or investigations conducted by, 51 or records of intelligence information or security procedures 52 of, the office of the Attorney General and the Department of -CAB 1381— 1 Justice, and any state or local police agency, or any such in- 2 vestigatory or security files compiled by any other state or local 3 agency for correctional,law enforcement or licensing purposes; 4 (g) Test questions,scoring keys,and other examination data 5 used to administer a licensing examination, examination for 6 employment,or academic examination; 7 (h) The contents of real estate appraisals, engineering or 8 feasibility estimates and evaluations made.for or by the state 9 or local agency relative to the acquisition of property, or to 10 prospective public supply and construction contracts, until 11 such time as all of the property has been acquired or all of 12 the contract agreement obtained, provided, however, the law 13 of eminent domain shall not be affected by this provision; . 14 (i) Information required from any taxpayer in connection 15 with the collection of local taxes which is received in con- 16 fidence and the disclosure of the information to other persons 17 would result in unfair competitive disadvantage to the person 18 supplying such information; 19 (j) Library and museum-materials made or acquired and 20 presented solely for reference or exhibition purposes; and 21 (k) Records the disclosure of which is exempted or prohib- 22 ited pursuant to provisions•of federal or state law, including, 23 but not limited to, provisions of the Evidence Code relating to 24 privilege. 25 (1) In the custody of or maintained by the Governor or 26 employees of the Governor's office employed directly in his 27 office, provided that public records shall not be transferred to 28 the custody of the Governor's office to evade the disclosure 29 provisions of this chapter. 30 (m) In the custody.of or maintained by. the Legislative 31 Counsel. 32 Nothing in this section is to be construed as preventing 33 -any agency from opening its records concerning the adminis- 34 tra.tion of the agency to public inspection, unless disclosure is 35 otherwise prohibited by law. 36 . 6.255. The agency shall justify withholding any record by 37 demonstrating that the record in question is exempt under ex- 38 press provisions of this chapter or that on the facts of the 39 particular case the public interest~served by not making the 40 record public clearly outweighs the public interest served by . 41 disclosure of the record. 42 6256. Any person may receive a copy of any identifiable 43 public record or shall be provided with a copy of all informa- 44 tion contained therein. Computer data shall be provided in-a . 45 form determined by the agency. 46 6257. A request for a copy of an identifiable public record 47 or information produced therefrom, or a certified copy of such 48 record, shall be accompanied by payment of a reasonable fee 49 or deposit established by the state or local agency, or the pre- 50 scribed statutory fee, where applicable. 51 6258. • Any person may institute proceedings in any court 52 of competent jurisdiction to enforce his right to inspect or to l - AB 1381 —6— 1 receive a copy of any public record under this chapter. The 2 times for responsive pleadings and for;hearings in such pro- 3 ceedings shall be set by.the judge of the court with the object -4 of securing a decision as to such matters at the earliest possi 5 'ble time. 6 -6259. Whenever it is made to appear by verified petition 7 to the superior court of the county where the records or some 8 part thereof are situated that certain public records are being 9 improperly withheld from a member of the public, the court 10 shall order the.officer or person charged with withholding the 11 records to disclose the public record or show cause why he 12 should not do so. The court shall decide the case after examin- 13 ing the record in camera, if permitted by subdivision (b) of 14 Section 915 of the Evidence Code, papers filed by the parties 15 and such oral argument and additional evidence as the court 16 may allow. ' 17 If the court finds that the public official's decision to refuse 18 disclosure is not justified under the provisions of Section 6254 19. or 6255, he shall order the public official to make the-record 20 public. If the judge determines that the public 'official was 21 justified in refusing to make the record public, he shall return 22 the item to the public official without disclosing its content 23 with an order supporting the decision refusing disclosure. Any 24 person who fails to obey the order of the court shall be cited 25 to show cause why he is not in contempt of court... 26 6260. The provisions of this chapter shall not be deemed 27 in any manner to affect the status of judicial records as it 28 existed immediately prior to the effective date of this section, r_ 29 nor to affect the rights of litigants, including parties to-admin- 30 istrative proceedings, under the laws of discovery of this state: 31 SEC. 40. Section 8013 of the Government Code is repealed. 32 SEC. 41. Section 8340.8 of the Government Code .is re- 33 pealed. 34 SEC. 42. Section 8440.$ of the Government Code is re- 35 pealed. 36 SEC. 42.3. Section 10207 of the Government Code is re- 37 pealed. 38 SEc. 42.5. Section 10207 is added to the Government Code, 39 to 'read: ` 40 10207. The Legislative Counsel shall maintain the attorney- 41 -client relationship with each Member•of the Legislature with 42 respect to communications between the member and the Legis- 43 lative Counsel except as otherwise provided by the rules of- 44 the Legislature. All materials arising out of this relationship, 45 including but not limited to proposed bills and amendments, 46 analyses, opinions and memoranda prepared by the Legislative 47 Counsel, are not public records, except as otherwise provided 48 by the rules of the Legislature or when released by the member 49 for whom the material was prepared. When he determines. 50 that the public interest so requires, the Legislative Counsel 51 may release any material arising out of the attorney-client ' r -7— AB 1381 1 relationship with a former Member of the Legislature who 2 is not available to execute a release. 3 SEC. 43., Section 13913 of the Government Code is re- 4 pealed. 5 SEC. 44. Section 15487 of the Government Code is repealed. 6 SEC. 45. Section 15490 of the Government Code,is amended 7 to read: 8 15490. (a) There is in the state government the State Allo- 9 cation Board, consisting of the Director of Finance, the Di- 10 'rector of General Services,-and the Superintendent of Public 11 Instruction.. Two Members of the Senate .appointed by the 12 Senate Committee-on Rules, and two Members of the Assembly 13 appointed by the Speaker, shall meet and, except as otherwise 14 provided by the Constitution,. advise with the board to the 15 extent that such advisory participation is not incompatible 16 with their respective positions as Members of the Legislature. 17 (b) The members of the board and the Members of the Leg- 18 islature meeting-with the board shall receive no compensation 19 for their services but shall be reimbursed for their actual and 20 necessary expenses incurred in connection with the perform- 21 ance of their duties. 22 (c) The Director of General Services shall provide such 23 assistance to the board as it may require. 24 SEC. 46. Section 16480.1 of the Government Code is 25 amended to read: 26 16480.1. There is hereby created a Pooled Money Invest- 27 ment Board, which shall consist of the Controller, Treasurer 28 and Director of Finance. The Pooled Money Investment Board 29 shall meet at least once in every three months and shall desig- 30 nate at least once a month the amount of money available 31 under this article for investment in securities authorized by 32 Article 1 of this chapter, or in bank accounts, or in loans to 33 the General Fund and the type of investment or deposit. 34 For the*purpose of this article, a written determination 35 signed by a majority of the members of the Pooled Money 36 Investment Board shall be deemed to be the determination of 37 the board. Notwithstanding the-provisions of Sections 7.5 and 38 7.6 of this code, the members -of the .board shall personally 39 make the determinations under this article, and may not au- 40 thorize a deputy to act for them. . 41 SEC. 47. . Section 20137 of the Government Code is repealed. 42 SEC. 48. Section 65020.10 of the Government Code is re- 43 pealed. 44 SEC. 49. Section 1153.2 `of the Harbors and Navigation 45 Code is repealed. 46 SEC. 50. Section 1262 of the Harbors and Navigation Code 47 is repealed. 48 - SEC. 51. Section 1356 of the Harbors and Navigation Code 49 is repealed. 56 SEC. 52. Section 1711 of the Harbors and Navigation Code ra51. is repealed. AB 1381 -8- 1 SEC. 53. Section 3805 of the Harbors and.Navigation Code 2 is repealed. 3 SEC. 54. Section 103.2 of the Health and Safety Code is 4 repealed. 5 SEC. 55. Section.431.4-of the Health and Safety Code is 6 repealed. 1 SEC. 56. Section 1110.2 of the Health and Safety Code is 8 repealed. 9 SEC. 57. Section 13141.2 of the Health and Safety Code 10 is repealed. 11 SEC. 58. Section 17940 of the Health and Safety Code is 12 repealed. 13 SEC. 59. Section 18917 of the Health and Safety Code is 14 repealed. 15 SEC. 59.5. Section 11770.5 of the Insurance Code is . 16 amended to read: 17 11770.5. The provisions of Article 9 (commencing' with 18 Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 19 2 or Chapter 3.5 (commencing with Section 6250) of Divi- 20 sion 7 of Title 1 of the (Government Code shall not apply to 21 the Board of Directors of the State Compensation Insurance 22 Fund. 23 SEC. 60. Section 71.2 of the Labor Code is repealed. 24 SEC. 61. Section 137 of the Labor Code is repealed. 25 SEC. 62. . Section 147 of the Labor Code is repealed. 26 SEC. 63. Section 3092 of the Labor Code is repealed. 27 SEC. 64. Section 538 of the Public Resources Code is re- 28 pealed. 29 SEC.. 65. Section 638 of the Public Resources Code is re- � 30 pealed. 31 SEC. 66. Section 666 of the Public Resources Code is re- 32 pealed. 33 SEC. 67. Section 4567 of the Public Resources Code is re- 34 pealed. 35 SEC. 68. Section 9065.2 of the Public Resources Code is -36 repealed. 371 SEC. 69. Section 9072 of the Public Resources Code is re- 38; pealed. ' 39. SEC. 70. Section 21209 of the Public,Utilities Code is re- 40 pealed. 41.1 SEc 71. Section 2605 of the Vehicle Code is repealed. 42 SEC. 72. Section 3009 of the Vehicle Code is repealed. , 43 SEC. 73. Section 13008 of the Water Code is repealed. 44 SEC. 74. Section 20034 of the Water Code is repealed. 45. SEC. 15. Chapter 842 of the Statutes of 1959 is repealed. 0 I� 17 May 1968 TO: City Council FROM: Assistant City Attorney SUBJECT: Policy Resolution The attached resolution declares the policy of the City Council relative to development of the beach area from Beach Boulevard north to the city bluffs . Respectfully submitted, LOU ANN MARSHALL I Assistant City Attorney LAM:ahb Attachment RESOLUTION NO. 2337-62 ti i! A RESOLUTION- OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE . ESTABLISHING PROCEDURE IN CONNECTION WITH THE RE-USE AND 3 DESTRUCTION OF TAPE RECORDINGS OF CITY COUNCIL MEETINGS 4 WHEREAS,. the City Council does. hereby authorize the City 5 Clerk to make tape recordings of the Council.meeting in order to assist the 6 7 i� Clerk in the preparation of the regular°written minutes of the City Council 8 meetings; and 9 WHEREAS, such tape recordings are intended for the use of 10 " said City Clerk and for no other purposes; and 11 WHEREAS, the State Attorney General has rendered his opinion 12 as to whether or not. such tape recordings constitute public records and has 13 declared in the opinion cited as "39 Attorney General's Opinions, 298" •that 14 15 such do not constitute public records but are "other matters" in the office of 16 the City Clerk, subject to inspection so long as they are available without 17 i . substantial inconvenience to the City Clerk. 18 NOWv THEREFOREI BE IT RESOLVED by the City Council of the 19 City. of Garden Grove that the tape recordings of the City Council meetings 20 shall be retained by the City Clerk and utilized for her convenience in prepar- 21 ing the written minutes of the. City Council meetings and shall be retained by 22 23 her until such time as the.minutes, in written form, have been approved by 24 the City Council. Upon such approval of the written minutes by the City 25 Council, the City Clerk may re-use or erase such tape recordings unless 26 ' specifically requested by. the City Council to retain such tapes at the time 27 ! the minutes_ are approved. 28 BE IT FURTHER RESOLVED that while the City Clerk has the 29 30 jl tape recordings in her possession, she make them available to any member j 31 of the public during office hours, when such availability to the public will 32 not inconvenience the ordinary operation of said City Clerk's office, for is - RESOLUTION O. 23a7-'2 , 1 r 1 . inspection only and not to be copied or re-recorded by any.member of the 2 public; that in this connection the City Clerk is further authorized to allow 3 the recording machine to be used by the public for listening purposes when 4 such machine is not necessary for use by the City Clerk in the ordinary 5 function of her office, 6 7 THE FOREGOING RESOLUTION was passed and approved. by I g the City Council this 20th day of November,, 1962, by the following vote, 9 to wit: 10 AYESt COUNCILMEN: BARR# DEAN,; KNOELLERp. RAINWATERS*.HONOLD 11 .. NOES: COUNCILMEN: NONE 12 ABSENT: COUNCILMEN: NONE 13 1415 MAYOR JP THE CITY OF GARDEN GROVE 16 ATTEST: 17 18 19 CITY CLERK 20 STATE OF CALIFORNIA ) 21 COUNTY OF ORANGE_ ) SS: CITY OF GARDEN GROVE } 22 I, GWEN WIESNER, City Clerk of the City of Garden Grove, do hereby certify 23 that the foregoing Resolution was introduced and adopted at a regular meeting 24 of the City Council of the City of Garden Grove held November 20, 1962. 25 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official. seal of the City of Garden Grove this 20th day of November, 1962. 26 ti � 28 CITY CLERK OF THE CITY"OF GARDEN GROVE 29 30 31 32 I -2- REQ,JI.UTIQ NO. 2337.-62 '1 A, ATTORNT GENERAL'S OPINIONS . (Vc ne 39) May 1962 298 Opinion No . 62.92 - June 11, 1962 SUBJECT: CITY COUNCIL MEETINGS - Tape recordings of, are not ` public records, but are "other matters"- in office of city clerk to- which public may have right of reasonable access and inspection. REQUESTED BY: ASSEMBLYMAN, loth DISTRICT OPINION BY: STANLEY MOSX, Attorney General Charles A . Barrett, Assistant The Honorable Jerome R. Waldie, Assemblyman, Tenth District, Contra Costa County, has requested the opinion of this office as to whether tape recordings of city .council meetings are public records which citizens have a right to inspect. The conclusion is as follows : Under present statutory provisions, tape recordings of city council meetings do not constitute public records . However, these recordings are "other matters" in the office of the city clerk under section 1227 of the Government Code, to which citizens have the right of reasonable access and inspection. ANALYSIS In the city of Pinole, Contra Costa County, the city clerk prepares regular minutes of the city council meetings . In pre- paring these minutes, the clerk relies upon tape recordings of the council meetings . In seeking to find what transpired at these meetings, citizens are requesting that these tape recordings be made available to them. The question is whether citizens may refer to these tape recordings rather than the prepared minutes on the basis that the tape recordings are public records . If these tape recordings are public records, then citizens may refer to them as a matter of right under the following provisions of section 1227 of the Government Code . The public records and other matters in the office of any officer, except as otherwise provided, are at .all times during office hours open to inspection of any citizens of the State . A tape recording as opposed to papers or documents, presents a different form by which an event may be recorded for future reference . A tape recording does not constitute a written act or the written record of acts of a local public agency which a citizen may inspect under sections 1888, 1892, 1893 and 1894 of the Code of Civil Procedure . Therefore, no right of citizens to refer to a tape recording of a meeting of a local public agency can be found in the present provisions of _ section 1227 of the Government Code . Cont 'd. 't mTTORNEY GENERAL'S OPINIONS May 1962 299 Volume 39 As the City of Pinole is a general law city (Gov. Code sec . 34102) , the scope of this opinion extends only to those tape record- ings utilized by city clerks of general law cities in preparing records of what transpired at the meetings of the city council of such city. Case authority indicates that there is no single test applied to the question of what constitutes a "public record" (Coldwell v Board of Public Works, 187 Cal, 510, 517) . The several tests which have been used by the cases have application only to questions of whether a given written document is a public record (see Kyburg v . Perkins, '6 Cal. 674; Mushet v. Department of Pub. Service, 35 Cal. App. 630; 16 Ops . Cal. Atty Gen. 163, 18 Ops . Cal Atty. Gen. 231; 25 Ops . Cal. Atty. Gen. 90i :27 Ops . Cal. Atty. Gen. 194) . Upon encountering the problem of whether different forms of recording an event, e .g. , written documents, wire or tape recordings, photographs, constitute public records, it appears that an appropriate definition of a public record i5 that used in People v. Purcell, 22 Cal. App. 2d 126, 130, and Smith v. Paul, 174 Cal. App: 2d 744, 752 : "A public. record, strictly speaking is one made by a public officer in pursuance of duty, the immediate purpose of which is to disseminate information to the public, or to serve as a memorial of official transactions for public reference . " (Emphasis. added. ) Another definition applicable to determining whether different forms of recordingbe may public records is that used in People v. Tomalty, 14 Cal. App. 224, 231: " ' 'Any record required by law to be kept by an officer, or which he keeps as necessary or convenient to the -discharge of his official duty, is a public record' . . ." (Emphasis added. ) In essence, a public record is a record which a public official is specifically required to keep or which, when not specifically required, is necessary or convenient to the discharge of the official's duty. Regarding the duty of a city clerk of a general law city .to keep a. record of city council meetings, Government Code section 40801 provides the following: "The City clerk shall keep an accurate record of the proceeding of the legislative body and the board of-equalization in books bearing appropriate titles and devoted exclusively to such purposes, respectively. The books shall have a comprehensive general index. " (Emphasis added. The city-.)clerk has the duty: to keep a written record of the proceedings of the city council in books devoted exclusively to such a purpose . Under the two above definitions, it is this record which is a'ipublic record" under section 1227 of the Government Code . This written record is that which the city clerk is required to keep and which discharges the clerk's duty under -section. 40801• Cont 'd. ATTORNEY GENERAL'S OPINIONS May 1962 Page 299 Volume 39 Page 300 On the other hand, a tape recording is not a record which the clerk is specifically required to keep. The clerk is required to keep a written record. Nor is the keeping of a tape recording necessary or convenient to the discharge of the clerk's duty to keep a written record. While the use of a tape recording may be convenient or even necessary to the preparation of the written record, it is obvious that the subsequent retention of the tape recording is not necessary or convenient once the written record is prepared and properly maintained. It is the necessary or convenient keeping of a record, not the use thereof in the preparation of another record, that causes it to be a public record. Therefore, it is concluded that tape recordings of city council meetings are not public records . However, these tape recordings of the council meetings are "other matters" under section 1227 to which citizens have a right to refer. "Other matters" within this section relates to matters which are "public, and in which the whole public may' .have an interest . " (Whelan v. Superior Court, 114 Cal. 548, 550; Coldwell v. Board of Public Works, 187 Cal. 510, 520; 16 Ops . Cal. Atty. °Gen. 163 , 164; 18 Ops . Cal. Atty. Gen, 231, 234. ) The word "public" means of, �ertaining to, or affecting the people at large or the community" Coldwell v. Board of Public Works, supra. ) The matter with which the tape recordings are involved is the proceeding 'of the legislative body of a general law city, this matter is indeed public and one in which the whole public have an interest . Further, the proceedings of city council meetings are subject to the provisions of the Ralph M. Brown Act contained in Government Code sections 54950-54960. While the fact situation.necessitating this opinion does not call for the application of the Ralph M. Brown Act itself, the idea which this act was designed to sustain is applicable here . That idea is that the people should know the processes by which their representatives arrive at decisions (36 Ops . Cal. Atty. Gen. 175, 176) . These processes can become known to those citizens failing or unable to attend the proceedings by the reproduction thereof in the form of a recording. The fact that such a matter has already been made the subject of a public record is not a limitation of a citizen's right of access to other records of the same matter. In Jessup..v. Superior Court, 151 Cal. App. 2d 102,. the court regarded special investigation reports as being 'other matters" despite the existence of a public record of the ' same accident . Therefore, these tape recordings are "other matters" under` section-,1227., to :which citizens have aright of access . This right of access is not unlimited in scope. A citizen has a right of access only to a tape recording then existing and available in the office of the city clerk. The clerk is under no duty to retain these tape recordings for any particular period of time for reference thereto by citizens; he must only make a recording available when he has retained it after use thereof in preparation of the written minutes. Thus the clerk is not prohibited .from erasing or __ destroying tape after its use, Pages "4 Cont 'd. ATTORNEY GENERAL'S OPINIONS Volume 39 May 1962 300 301 A further limitation on the right of access is that the cir- cumstances of its exercise must be reasonable . While a citizen has access to a tape itself, he has 49 right to utilize a machine in the office of the clerk for its play when such use would hamper the proper functioning of that office . A citizen may use such machine only when not in use by the personnel of that office . When a machine is not. reasonably available, a citizen is free to provide himself with one from another source . Therefore, a city clerk must reasonably accommodate the exercise of a citizen's right of access to tape recordings under section 1227. Reasonable accommodation constitutes the providing with the requested' tape, a machine when doing so does not unduly hamper or impair the performance of other duties of the clerk. - - 0 0 0 - .-' ,0 0' 0 - 0 0 0 - - f All RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF T CITY OF HUNTINGTON BEACH ESTABLISHING POLICY RE- GARDING THE PARTICIPATION OF SUPS SORY AND MANAGERIAL PERSONNEL IN SERVICE CLUBS AND CIVIC ACTIVITIES WHEREAS , the City Council of the City of Huntington Beach desires to establish a policy concerning the partic- ipation in service and civic organizations by certain super- visory employees of the city; and The City Council of the City of Huntington Beach desires full communication between itself, supervisory and managerial personnel, and the city service clubs and civic organizations whose members include many civic and public-spirited citizens ; and The Council has determined that it is of utmost impor- tance to encourage supervisory and managerial officials of the city to join and become active in city service clubs and civic organizations ; and The need for city officers and employees to participate in such organizations is of prime importance so that such officials and personnel may effectively communicate the policies and pro- grams of the City Council to the citizens of the community , and expenses in connection with participation in such city services clubs and civic organizations is a valid and necessary expense . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that expenses incurred by such officials and employees in participating in the aforementioned service clubs and civic organizations shall be considered as ordinary and necessary business expenses of city employment . 1 . r RESOLUTION NO . A RESOLUTION THE CITY COUNCI OF THE CITY OF HUNTINGTO THE ESTABLISHI A POLICY RE- GARDING THE PARTICIPATION OF UPERVISORY AND MANAGERIAL PERSONNEL IN SER CE CLUBS AND CIVIC ACTIVITIES WHEREAS , the City Coun of the City of Huntington Beach desires to establish a olicy concerning the partic- ipation in service and c' is o ganizations by certain super- visory employees of the city; a d The City Council of the Cit of Huntington Beach desires full communication b tween itself supervisory and managerial personnel, and the city service cl bs and civic organizations whose members inc ude many civic an public-spirited citizens ; and The Counc ' 1 has determined that ' t is of utmost impor- tance to enco rage supervisory and man gerial officials of the city to joi and become active in city ervice clubs and civic organizati s; and The eed for city officers and empl ees to participate in such org nizations is of prime importance so that such officials and per onnel may effectively communicate he policies and pro- grams f the City Council to the citizens o the community, and expen es in connection with participation in such city service club and civic organizations is a valid and ecessary expense. NOW, THEREFORE, BE IT RESOLVED by the Cit Council of the C ' y of Huntington Beach that expenses incurred y such officials d employees in participating in the aforementi ed service clubs and civic organizations shall be considered s ordinary and necessary business expenses of city employment , and uch expenses shall be reimbursable. 1. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of February, 1973 . Mayor ATTEST: APPROVED AS TO FORM: 3� City Clerk 01City Atto ey 2 . Res. No. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACII ) I , PAUL C. JONES, the duly elected , qualified and acting 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the day of 19 , by the following vote : AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California y 19 January 1973 TO : City Council FROM: City Attorney SUBJECT: Resolution Regarding Partici- pation of Supervisory and Managerial Personnel in Service Clubs and Civic Organizations At the request of the City Administrator, we transmit resolution establishing policy con- cerning participation in service and civic organizations by certain supervisory and mana- gerial personnel, and authorizing reimbursement of expenses incurred as a result of such partic- ipation. Respectfully submitted, DON P. BONFA City Attorney DPB :AHB :bc Attachment 1� 61 o���NTINGTpy =.*ORPOR =- _- City f Huntington Beach Y o ng P.O. BOX 190 CALIFORNIA 92646 ppUN TY ��� June 27, 1967 Honorable Mayor and City Council, Mr. Doyle Miller, City Administrator, City Hall, Huntington Beach, Calif. Re: Application of Article 7829 Hunt- ington Beach Ordinance Code to building owned by city and leased to a private company for non-governmental purposes. Gentlemen: The provisions of Article 7829 Huntington Beach Ordinance Code regulating the use of public build- ings do not apply to a building owned by the city and leased to a private company for non-governmental purposes. Very truly yours, . DALE City Attorney .KDB:h \ F 7 - P . ► MEMORANDUM � T®a All Department Heads, Members and Chairmen of all Boards and Commissions FRCNis Paul C. Jones, City Clerk DATES August 18, 1965 The City Council- at their regular meeting hold august 15,. 19650 by-minute action, established s policy that all preso._releasess from city policy on any matter fro any depertaneat head or member or chairman of any board or commission within the city, submit any such release to the City Administrator for approval before releasing same to the press. Paul Co Jo City Clerk PCJ s biro EXCERPT FROM MINUTES OF CITY COUNCIL "MINUTES Council Chamber, City Hall Huntington Beach, California Monday, May 3, 1965 Mayor ShiRley called the regular meeting of the City Council of the i y of Huntington Beach -to order at 4:30 o ' clock P.M. Councilmen Present : _ Gisler, Stewart, Lambert, Shipley Councilmen Absent : Welch UNDERGROUND UTILITIES - POLICY ESTABLISHED The Clerk presented the report of the Planning Commission on underground utilities which had been deferred from the meeting of April 19, 1965. A revised policy of the Planning Commission in connection with the subject was submitted to the Council. On motion by Lambert, seconded by Gisler, Council approved the revised Planning Commission policy relating to underground utilities , by minute action, as follows : "Public Utility Facilit$es . Utility lines , including but not 11mited to a ectr c, communications, street lighting, and cable television, may be installed underground. For the purpose of this Policy, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system, may be placed above ground. All plans for installation of underground utilities shall be approved by the Department of Public Works, " Motion carried. seconded by Gisler, On motion by Lambert / the regular meeting of the City Council of the -City of Huntington Beach adjourned. Motion carried. Paul C.. Jones City Clerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California- .ATTEST: Donald D. Shipley Paul C. Jones Mayor City C erk STATE OF CALIFORNIA ) County of Orange ) ss : City of Huntington Beach ) 1 , PAUL C. ' JONES, the duly elected , qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and fore- going is a' true and correct excerpt from minutes :bf the City Council of said City.. -at -their regular meeting held on the 3rd day of MAX , b5 WITNESS my hand and seal of the said City of Huntington Beach this the 1 th day of January 1967 City Clerk and ex-officio Clerk of the City Council of the City of Huntingto Beach, California BY Deputy Td//G�/ - GINDEP GQ.O�ir>1� GC//G�T�F� - -•t 3 8i3OLPi03 SRO, . .225.3 A. A : 15t3S►UTI©J Off! "CI`�Y C0V di 5 THS ` UN � � 0 o"- FII l � 1 E i b i GG PEW. RU :ADD" itti`s' a= 'UITIIG. TO 'A BUY k9C - -AVIC 6; N s ItrT4R D%1CY _ t ;REAS, there--id a zeid- did neoese ty -for. emergency- ' ' '•` easbuTrnoe service within the: City of tiagon Beach; and- - :10 WHIR RuAS, due to.' the wel are� :he l th:'and` X tY of- II the general; publio; 12 E® TECEREPORE� .' i ,-CITY C©UXClL•':DP :TIC 01 Y�:::OF = 1 TON:BEACH the.. rul3 HIII�TIi a — V ee# 14: regulatioha and rates, mill •govarn, any ambulance,oervioe ;:; 15 . lio�nred t©.do buainese.j withih: the City -.oftxntington .'Beach Seotloli Any o doln ; bu®ineas ne anbulaa©e �earviae. v�Sthia the 'City of.:HuntiAgton 13eac8-must meet the need .4nd neoQeeity requ r' ents",ae set out in the I3untir tan `20 Beach _Ordl"nbe Code:•` 21 Sidti on 2. '-_ .Ambul:anee servip r311 be .governed .22- b "the..tolldwing admi.nistrati.ve ;rulee: ,The egi�lpmeat pill be-'~chocked sad 24 approved, by the -Chief- .of lllol do: (b). Ths- pr©oedure for. uaing' this 26 -equ'pment muet - ie.et the approval of. the'. Chief of roliee, ;2 2.g b wl- h: r 1. Res. No. 2253 g f _(e) "bidance services .will adhere to :the t©llovr. rates ®eponee t 20 0© . 4 5 Iffil-eage. (per mil0 ofii way 1.00 right 0 11' 5.00 6- C6dA 3 _ a w 3.50 f ' Oigen 5'600 7 sp2intts yt3 Speoia ; Handling 5 6-00 g 1?ry .Hun 10400. g :In:respanso. to Veera�ae' dallsl.adhere to tha ; A rates of'the' Ve4t ian� Administration l0 Ih .response •to Countlr_ calla adhere :-to.. the approved -rat®s--o, the 'Courity' ©f Orange.. 6e6tion 3. :: At. the, .time. of :collection :or billing, :ambultbe..dompanies or •'embulanae businesses concerned ah i].1 13 = - proeeat' to, the customer. a aomlet0 itemie®d li€at of rill. -14 :1;5:` . charges together with::g :sohed41e..of fees printed thereon. 16, 3eation 4. The Chief oY Pol:ice-,` through the City 1.7 Admin#atre"tor:, will. .administer:-the: rules. 18- iASSEB�:bIMD �ADpPT±D by the.-City Council of ,th® City. of_Fiuntingtoa 'Bea©h� CeliYorxtia� on :the let .d'ay :of November., 2 0= 1965 .: Donald D. Shipley. 21 _ _ or .22 -ATTES t Paul C: Jones 24 City Clark t� ' MOVED ,�5, 3;C+ 'FOB s. . . 'JAMES D. PLUNKETf 26 Attorney .27- .{ 29 Res. No. 2253 STATE .OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, the ..duly elected, qualified and acting 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 five; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 1st day of November 19 65 , by the following vote: AYES: Councilmen: Welch, Gisler, Stewart, Lambert , Shipley NOES: Councilmen: None ABSENT: Councilmen: None Paul C. Jones City Clerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California RESOLUTION NO,, 2263 A RESOLUTION OF THE CITY COUNCIL OF TER CITY OF HUMINGTON BEACH ESTABLISHING rA POLICY FOP, TOKNG SERVICES FOR THE POLICE DEPART OF THE CITY OF HUN`AIMGM T BEACH. WHERMS9 it is necessary from time to times for the )Mlice Department of the City of Huntington Beach to call a towing service when automobile accidents happen within the Cit,I of Huntington Beach; and WHEWSe 'it is necessary for the proper administration of this function that certain standards be met by the towing eagvices; and WHEMM,o the City Cmmcil of the City of Hmtington Beach intende to adopt a policy for the Police Department to follow in comection with icy NOW THEREFORE BE IT rMSOLM that the City Council of the City of Ekmtington Beach est€blishes the policy for towing service for the Police Dapartmnta as follows At That all towing services toot the provisions that are outlined below: 1. The owner of an official Police 7xpound Garage and Towing Service any use his own radio to receive 'Police Calls" on traffic accidents and other traffic incidents which may rewire Police attention and tow service. Priority ahe11 be given to calls received from the Police Ddpartment. All other rules shall apply when any service is performed as n result of the use of this method of cos nication. TO MG SERVICE 2, Amy agency authorized by the City Council of the City of Huntington Beach shall maintain a storage lot with a minimum usable area of 209000 square feet of fenced storage area, 3. Vehicles requiring special hwidling for investigation, ie: fingerprinting, photographing, searching, etc, , shall be stored under roof and shall not be removed from such protection until approved by the investigating officers, 4. The owner of. an Official Police Impound Garage and Towing Service must maintain three (3) ar more pieces of towing equipment as approved by the California Iiigh%=ray Patrol pursuant to California Vehicle Code; Section 27700. 5, Each ov-mer of an Official Police impound Garage and Towing Service must maintain a minimum of liability insurance in the amount of Sa000©000,00 per ind .vidual claim. 6, When it is evident that there will be a delay in responding to a request for tow service, the roli.ce Department shall be notified immediately, 7, After being dispatched by the Police D-partment to the scene, the tow truck operator shall 000peraoe with the Police Officers in removing hazards and illegal..y parked vehicles from the streets, and in the impounding of such vehicles as requested. It is the duty of the Police Officers to determine when a vehicle should be impounded or moved, and the tow truck operator shall abide by their decisions, 8, Each tow truck shall be equipped in compliance. with Section 27700 of the California Vehicle Code. It shall also be equipped in compliance with California Vehicle Code Sections 24605© 253029 253049 225130 252539 279070 9, Official Police Garages shall not perform any service or work upon any Police impound in its possession without first obtaining written permission from the owner, or his agent, to perform such work. N©- contract or order for work or repairs shall be entered into- ti:th the owner until the car is released by the Police Department. 10, Should a dispute arise over a claim or bill of any nature and same cannot .be satisfactorily adjusted by the pares involved, the unit shall abide by the decision of the Chief of Police -or persons designated by-him, who shall have full power to settle any and all claims or disagreements. 11, All official Police Impound Garages and Toning Services shall conduct their business in an orderly, ethical, business-like manner and use every means to obtain and keep the confidence of the motoring public. Should a contractor fail to meet performance requirements satisfactorily, his contract may be cancelled immediately by the Chief of Police subject to review by the Council at its next regular meeting. 2, 12. It is the duty of the Police Dep:.'rtment to notify the owners of impounded vehicles. However, each Official Police Garage shall abide by Section 10652 of the California Vehicle Code by notifying the .Department of California highway Patrol, Sacramento, California, by receipted mail, when any vehicle of a type subject to registration has been stored in the garage for thirty (30) days, forwarding a copy to the Huntington Beach Police Department. 136 Official Police Garages shall be responsible for the protection- of Police impounded vehicles regardless of the location of storage, until the vehicles have either been relerased to their owner or disposed of through legal process. 14, Official Police Garages, :when disposing of un— elained vehicle3 shall abide; by the California, Civil Code and alpecifically ::'.ections 3071, 3072, 30713. 15. Towing is dcne for the conve.aience of the public and the City of funtington Deach will asouvie no responsibility for charges incurred even ::hen such towing is done under the dire.,tion _of the Police Department. 16. Operators of the tour cars shall be fingerprinted at the !Tuntirit;ton Beach Police Station prior to their employment at any Official Police Garage and Towing Service. 17, If more than one (1) garage is di-tisignated by the City Council, City of Huntington Beach, as an Official Police Garage and Towing Servicce, th® system of oalling for service s'nall be on a rotating basis as est:�.blished b, the Chief of Police. 18, The d6signation of Official Police Impound Garage and Towing Service: as aw-arded by the City Council'.. City of Huntington Beach, under tail. Bid will remain in effect for the period of twenty four (24) months after award of contract. 19. The -Official Police Impound Garage and Towing Service shall be an established business in the City of Huntington Beach for a period of not less than two (2) years before a bid can be submitted. B, That if these provisions are met, then the Police Chief may designate said towing service or services as officially authorized. PASSED MID ADOPTED by the City Council of the City of Huntington Beach, California, this 15th day of November, 1965, Donald D. Shi le Mayor ATTEST: APPROVED AS TO F016 : Paul C. Jones James D. Plunkett City ler City Attorney z aY. 1 L $4Lt�Tt4 i HO -2263_: . A :H�Bt�iL"10i ov ' C3TY C.iL OF _ I1t A SUCH 3 SAIiLISA3G :A PQLICt:' OR:'T`�Ii� -SHkVICBB gCiR = ` OLiCE:- ►AB IE =4P �TX: AP #ttl ? C�+D t•-MACH, , E8 1►S, it ii as rsaarq..#roar tied W -tie f©�r .the 5 poli�ca Ir df -the.-City.,of Heat �c allot.. Beaah to c 11 6 a .-toiriag.•t�fco. Mhao� tutva�obixe scol:d�ts -_�abtpp� �i -• ths. city- of ::liuutirigtos Be+tah; �tH15ti , it i! mtOaiM+�zB far tbs p�roPa�C' a�t�iQia _txatioo - 9 = x -tif _thls # nctian :that oestatu= o ►adasd bse-by ► tOYrin� r 10- .. 1H�Ban� the City`'Couri�il of the Ci#� of Run ton 12 Such i+at to a8apt �► j�0licy for the t�aliasa �i t to all 11M tie with" Ct3i11q$ i!1'v1CQS�.. _ ;.I1 'IHR�tP�IHB::lILp :S� .'Va that ' - ie -City Cone .ot 15 the fit of Hitatagt+ss¢h utaUlisYies thf pojat? tPr a . s rvic* gor'. .the..police arta t i# fallvin¢ t sery -west the "vit 'that 9 =._ 1. hA.otinaur of as Official Pouts 3spowyd rags 20 TtlNirtlj �i49-V 0 i�tj► �ti� �i�.i +01it1 Y�30. t0 iSCO ve 011ce _22 Cs I�sv� trsffia accid+isita aid other sa #ins laoi is r) cb ire oLie 1viio�r artt tiva� aAd Coat ssrvtae, Pit ty s�iail '23 bs �ivat� t0 calls veca od fr u the Poli o ;Depar Ali :.24 `.. othst sutq stall spply when +iutay. servt*e . a . irfa :a .-25 p . sasailt of to taro of Wit. �aistht►d of oi�at3 a. t. ..26 St. Aty agency auth;i lea! bar. the City Cow '1 of the 2.7- City; o H toh 'Htach'shall saiatala® s a► _ 012 us #r" aF 'tat -of 1awoc sto rase sr 29 { , 2263 _ 2 �. V4WIar .raga ring apsal l thing `!or`iiw it #a• bi �d3 ., 4b� •iorad wrtdar ead! =mod ebeell, scot ba Orval its iUesh i - . 5 r tPopiatlb i app o�rte� by laid - C thlt -Lc►v+w t +�f iiaaato 6 1: A.: Thev+ s:q f iu t�flioiai Polici. Lspoartd taraga 7 :aaa►d Tar3aa b sviea an +ii"Uft th- .(9). etc oasi :p .crass of. 8 to�riag gttiparan�t artaPprnroad bf f-tbi& Crii .lox'a3a _ hty Pats'ol 9 .pugituu�i„to aiiiort lra �1a tetia` Gads, 8�ctioq �T700 1p �. F eh `awns of'_sa :0lficfati Po3lers Cara ` 11 a�ad Y`a+ ig Sar�icat aai>atiaim a aioi�eam`o! _1#tb# it = esara e :mat of C l,, O OA pii =Individual clieis. 13 6►. 4a !=it io iridst; ghat Ouseril�,: be a dolay .ice" _14 _Yaspofldir g !+o a agU"t fort itOW )Sevv , o i s Polias l art t 15 =ahal b�- a�►tiaia�t ims+isdistaly 16 Alter biiag d �pat+�hed, bar t +a PQlica bepsnC 17 to 'tha 4�a, ttie t4v aa�uei�ropoaatol:i*ai •`eva raEe vx 3 8 C&a Pt�lica Ailitis 1noviag basards aid iilegally psske8 a19 v4sr frva Ihi`. r�tzeas; amd in ate:. odix►g a! Luc . - 20 wab�elea `ar za ueateet. i is :thb. :d�et +d! tha Iiee 4Pl�ioaw Y 21 +to a ste aila vhI a vrbid l+e' btr ltl•bs : ed sr-`craved, 22 uzd irha :tor t=aak opsrator ball abtw _by tbef. a.dse3atoms. Eecb.`tar duck ak#lI ba +�tq�tipped in coliaaas 24Am-2T7.0 of "tbs.Ca1ilornii Vetiicla Cede. :` It 'sbril 25 airo bt e a pad in +co aQc r tefah Cali ore�ia -vehialt::Cck% , . . , 26 _gsetisis ?. ►i3, 2�i302; 'r3odr, 313, ��►153, �7947. _2� 9. .Afficlal .Polka 6a=air al�isll oaC p �fos� �p 28 saviaa Or v�aA , r Pe�iicsauly iu its posii►aai 29 �i iorut :firit obtitiiixit n.ittaa`pa sr�oer lsoa. tha�oM►eier ,. :30 an Y t® o u h k. 2263 2. Mo contrict ®r o it for iir c or repaSts sT alVbe ente�d 3 into ,VLO thi own* matil tha. ear 'tc rAlesso blr the-Police 4 Dspfremint. 5 _ ;.to �Btu�wid a `dispute:arise._ov�uc a e!aim ar .bill of 6 any rituYe and `saes oa�ot be:: atist�ictosily ad, usted by' tht Pe ' tavolved,;, the nnie.shall �ebide by eh0 .Asc iaon 8 of- tale tls"r of Police, or :porsom .deslpated..by.him, who 9. fall powtr to' lsttle any ane all claims: or sir• - io 'a$tte1mtf. .' All 4p!'ial,al Police. Ioucd +seirr and`:Ting 12 4ervic4s shall ccn ct shah usinus An,an: oxderly, ethical i 3 buuiuess-lik s prper.and-uss every;wafts to. obta ui,:,and.bseip_ 14 the eonf3�dencs o! the motoring:-public.: ..$hind.a- contractor 15 fail to :+vast- perfwsmaace requ ti aatlsfactorily, his , : 16 ,®ontacasat wit' be �san�ailled fmadiatily by: thi thief of Police _ 17 sub�srt to,revicir by the Cocci! -at ,its .next regular meeting. 18 f 'TZ. -It is the:dray of tho'.P®Tics. Dfpa�twient- to;ci4tifP the -o4aers.of died vehicles. -I xer; cacti-Offic"I 19 + _ : 20 . 'Poise ax=age sbAll -abide '.by 'Sstt m, .1©b3Z of the.,Cali i :4, 21 Yebiale Code;by catf.fyiaag thi:_Dipa t--of -Caluota a. Rigti - 22 V& _patvOl, SadrdWmto, -C&LUONSi;a.; bq: tceipted Mail, ashes c 23 y vehicle of ;a type "sub feat -to`r gistratUm -hai. been stored ; the garQPa: for chilly .t�4) days tuc�iatdlnwg a copyto the; 2 5 Dootit Hfach`_8®lica� vmb. 26 -aareges s11T :be:Yespoosibie foic. 27 tbwi-:p �e�iteetiw fog Pollrc :�pi�ac►dsd vehiclua�. regeed sot .of the 28 loasti sof storage.;..uat a the whielei !save either-been ; -29 reTeasad to etitit vwwr or diepoaed:of tbr?ggh .:1sga1 process. V 2263 : 2 lid►: official polie:e Git +�g •: trhott .dispOsiog of on- 3 clai6id Vi'ohiclas shei abide byr= the Ca lforfaia Civil Coda' 4 and apiaifically sections 30.71',: 307Z„ 3Q73. 5 15 miring iw .dons for. tbt tanve�i�iit of Ctte public 6 aim :'tiha City of 8exaatagai.,.8eac�s':will ash ao.:rsaeibZity �- four ohatrg"•-incn_rci d 4 veitn t .st�h OULU& is dostf WkIor thli r 8, direction of thePolice ?epattt. l 9 1l� Ovorataft'of the torn as a�s11 bo f"alli rpri�tod. 10- Ott Ahs t�tgton►- SWh 'PoUc4'Stetion: ior pr to theft,..mplpy 11 a tt=et aaY Offis ial 1�©iLci Garega :aod ' E 8e�cwit+�. ? ; 12 17 i!, mate •than o tij ga;ogo=is `.dasigmated byj tom: 13 City .Cotincil,. City of at a-ton nasch, as- au OlfiaiaX Police J- 14 Carage god ToOng S6Tviae',-. the:Ovatem .of; Colling"go sarvic�t' Chiif ofshelb . rotatig .bisis a estb15 a l3 ted by the 16. p411Ce. . 17 18. The des .goation 4t.Official..-ps►1i¢e ounid-;Garsgs- 18 and T+o14taig $axviti . '`swaxde$ ,by the City veil, City of 19 Hon ftta i••Be"h;, .%Md+e tbts Eid .rili raisin: is of set for . ='2 o the period of tt1 `friar.'(34j: sioaths a►f tat a�rard of=cvntracC. 21 1� dui 0!f-US tl Poltta Im ova td.C�asago aid.Tor ,g .- 22 :Serviii i hAll'.be an "tabl shod busl4mo itt=the City of 2 3 Ott g ►:Ssacb foe a..period of 4pC liis ihsn; two► (2). a,onro, 24 befos a b$ • i s subsd.tttd - 2 5 E That if those -pr ..!a$4sia are- not thins the Poliot G'1�iaf may, dasigtwto sa3:d toriiog-.aervic0. of saswices ti . 27 as nffICIs117 Authorized. 28 30 R"' � NO, 2263 2 = . P,AB�ED A�fi Al�,bP',tom.'C#CY -mac i1 of "tb► E tp of; 4 tDtin�t l eacb,.. California . .ibis 1.,,�� ..�IaP of:Nov.emb er 6 Donald D: Shipley 7 Mayor , • .. - . 9 •AST s � " � - . . "• - - 10 ; 11 Paia C: J6nes .-Ult Clerk 13 :14 1.6 17 19, '20 .21" 22, 23` 24 .25 - 29` _ 30 r Res. No. 2263 'lot STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I, PAUL C. JONES, the duly elected, qualified and acting 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 five; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the15th day of.November 19 65 , by the following vote: AYES: Councilmen: Welch, Gisler, Stewart , Lambert , Shipley NOES: Councilmen: None ABSENT: Councilmen: None Paul C. Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California r ./, O 6 i RESOLUTION NO. 2253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH COVERING PROCEDURES, RULES AND RIMS PERTAINING TO AMBULANCE SERVICE '.WITHIN THE CITY OF HUNTINGTON MACH. WHEREAS, there is a need and necessity for emergency ambulance service within the City of Huntington Beach; and �'�HEi3EAS, due to the welfare, health and safety of the general public; NO WO T '�' PORE, THE CITY COUNCIL OF MS' CITY OF HUNTINGTON BEACH IMiD-,BY RE-, SOLV ;S that the follo;sing rules, regulations and rates will govern any ambulance service licensed to do business within the City of Huntington Beach; Section 1, Anyone doing business as an ambW.ance service within the City of Huntington Beach must meet the need and necessity requirements as set out in the Huntington Beach Ordinance Code. Section 2. Ambulance services will be governed by the following administrative rules: (a) The equipment will be checked and approved by the Chief of Police. (b) The procedures for using this equipment must meet the approval of the Chief of Police. '� o AMBULANCE RATE:: (e) Ambulance services will adhere to the following rates: Response $ 20.00 I►iileage (per mile) one way 1100 Night Call 5.00 Code 3 3.50 Oxygen 5.00 Splints .50 Special Handling 5.00 Dry Hun 10000 In. response to Veterans' calls adhere to the approved rates of the Veterans Administration. In response to County Calls adhere to the approved rates of the County of Orange. Section 3. At the time of collection or billing, ambulance companies or ambulance businesses concerned shall present to the customer a complete itemized list of all charges together with a schedule of fees printed thereon. Section 4. The Chief of Police, through the City Administrator, will administer the rules. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, on the let day of November, 1965. Donald D. Shipley Mayor ATTEST: Paul C. Jones ity ' Clerk APPROVED AS TO FORM: James D Plunkett City Attorney 2. oLunoN N®o 2263 A RESOLUTION OF THE CITY COUNCIL OF 119 CITE OF HUMENGION BEACH ESTAELISHING A POLICY FOR TOYING SERVICES FOR THE POLICE I)EPARTIWM CU THE CITY OF MTNTMGMN EEACto WHEREAS 9 it is necessary from time to tim for the Volice Department of the City of Huntington Beach to call a towing service when automobile accidents happen within the City of Huntington Itch; and WMM59 it is necessary for the proper administration of this function that certain st;anderds he met by the tarainZ sna�rvices; and WHEREA39 the City Council of the City of Htmtington Peach intends to adopt a policy for the Police Department to follow in cow-lection with tow ins N051 lZMEFORE IE IT RESOLVED that the City Council of the City of Huntington Beach establishes the policy for towing service for the Police Depart at as follows: A. That all towing services most the provisions that are outlined below: to the Omer of an Official Police impound Garage and Towing Service may use his ou-m radio to %receive 'Police Calls" on traffic accidents and other traffic incidents - ich may require Police attention and tow service. Priority :hall ba given to calls received from the Police Department. All other rules shall ripply when any service is performed as a result of the use of .dais method of commmication. TOWING SERVICE y 2. Amy agency authorized by the City Council of the City of Huntington Beach shall maintain a storage lot with a minimum usable area of 20,000 square feet of fenced storage area. 3. Vehicles requiring special handling for investigation, ies fingerprinting, photographing, searching, etc., shall be stored under roof and shall not be removed from such protcction until approved by the investigating :officers. 4. The owner of an Official Police Impound Garage and Towing Service must maintain three (3) or more pieces of towing equipment as approved by the California I1ighw4y Patrol pursuant to California. Vehicle Code, Section 27700. 5, Bach ovmer of an Official Police impound Garage and Towing Service must maintain a. minimum of liability insurance in the amount of �,000,000.00 per ind .vidual claim. 6. When it is evident that there will 'ire a delay in responding to a request for tow service, the roli.ce Department shall be notified immediately. 7, After being dispatched by the Police Department to the scene, the tow truck operator shall coopera�.e with the Police Officers in removing hazards and illegal`.y parked vehicles from the streets, and in the impounding of auch vehicles as requested. It is the duty of the Police Officers to determine when a vehicle should be impounded or moved, and the tow truck operator shall abide by their decisiLas. 8, Each tow truck shall be equipped in compliance. with Section 27700 of the California Vehicle Code. It sh.-al also be equipped in compliance with California Vehicle Code Sections 246059 253029 253049 225139 252539 27907, 9, Official Police Garages shall not perform any service or work upon any Police impound in its possession without first obtaining written permission from the owner, or his agent, to perform such work. No contract or order for work or repairs shall be entered into frith the owner until the car is released by the Police Department. 10, Should a dispute arise over a claim or bill of any nature and same cannot be satisfactorily adjusted by tho partlei involved 9 the unit shall abide by the deoision of the Chief of Police or persons designated by----him, who shall have full power to settle any and all claims or disagreements. 11, All official Police Impound Garages and Towing Services shall conduct their business in an orderly, ethical, business-like manner and use every means to obtain and keep the confidence of the motoring public. Should a contractor fail to meet performance requirements sati ufactorily, hie contract may be cancelled immediately by the Chief of Police subject to review by the Council at its next regular meeting. 2, 12 a It is the duty of the Police Dep:.stment to notify the owners of impounded vehicles. However, each Official Police Garage shall abide by Section 10652 of the California Vehicle Code by notifying the 'Department of California Highway Patrol, Sacramento, California, by receipted mail, when any vehicle of a type subject to registration has been stored in the garage for thirty (30) days, forwarding a copy to the Huntington Beach Police Department. 13. Official Police Garages shall be responsible for the protection- of Police impounded vehicles re; ardiess of the location of stor.tge, until the vehicles have either been released to their o=er or disposed of through legal process. 14. Official Police Garages, when disposing of un- elained vehicles3 shall abide by the California Civil Code and upocifically �:.ections 3071, 30729 30713. 15. Towing is done for the convenience of the public and the City of Huntington Beach will assume no responsibility for charges incurred even v.,hen such towing is done under the direction of the: Police Department. 16. Operators of the tow cars shall. be fingerprinted at the Huntington Beach Police Station prior to their employment at any Official Police Garage; and Towing; Service. 17. If more than one (1) garage is dii�signated by the City Council, City of Huntington Beach, as an Official Police Garage and Towing Service, the system of calling for service s'zall be on a rotating basis as established by the Chief of Police. 18o The d6signation of Official Police Lupound Garage and Toying .service as awarded by the City C0unci.., City of Huntington Beach, under this Bid will remain in effect for the ,period of twenty four (24) months after award of contract. 190 The Official Police Impound Garage and Towing Service shall be an established business in the City of Huntington Beach for a period of not less than two (2) years before a bid can be submitted. B.. That if these provisions are met, then the Police Chief may designate said towing sea-vice or services as officially authorized. PASSED ARD ADOPTED by the City Council of the City of Huntington Beach, California, this 15th day of Aovembe;r, 1965. Donald D. Shipley Mayor ATTEST: APPROVED AS TO FOMI: Paul C. Jones James D. Plunkett ity 1—erk� City Attorney r .M RESOLUTION NO. 2253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH COVERING PROCBDUREES9 RULES AND RATES PERTAINING TO ALIBULANCE SERVICE 1911THIN TKE� CITY OF HUNTINGTON BEACH. mMEj.L AS, there is a need and necessity for emergency ambulance service within the City of Huntington Beach; and 'WHEREAS, due to the welfare, health and safety of the general public; NO`r19 THEREFORE, THE CITY COUNCIL OF ME' CITY OF HUNTINGTON BEACH HERDBY RS-1.-;OLV ;S that the following rules, regulations and rates will govern any ambulance service licensed to do business within the City of Huntington Beach; Section 1. Anyone doing business as an ambulance service within the City of Huntington Beach must meet the need and necessity requirements as set out in the Huntington Beach Ordinance Code. Section 2. Ambulance services will be governed by the following administrative rules: (a) The equipment will be checked and approved by the Chief of Police. (b) The procedures for using this equipment must meet the approval of the Chief of Police. 1 o AMBULANCE RATE` t (a) Ambulance services will adhere to the following rates: Response 8 20.00 Mileage (per mile) one way 1.00 Night Call 5.00 Code 3 3.50 Oxygen . 5.00 Splints .50 Special Handling 5.00 Dry Run 10000 In response to Veterans' calls adhere to the approved rates of the Veterans Administration, In response to County Calls adhere to the capproved rates of the County of Oranges Section 3, At the time of collection or billing, ambulance companies or ambulance businesses concerned shall present to the customer a complete itemized list of all charges together with a schedule of fees printed thereon, Section 4, The, Chief of Police, through the City Administrator, will administer the rules, PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, on the let day of November, 1965. Donald D. Shipley Mayor ATTEST: Paul C. Jones city ler APPROVED AS TO FORM: James D. Plunkett ity Attorney 20 d� Phones LExington 6-2507 rT.. LExington 6-2508 toys Ao. We Do Any Type of Motor Repair Work COMPLETE AUTO BODY, FENDER & PAINT DEPT. 24-Hour Towing and Emergency Service 610 MAIN STREET HUNTINGTON BEACH, CALIFORNIA b r 1p 1965 REFERRED Honorable Mayor and City Councilmen BY COUNCIL City of Huntington Beach p✓� Huntington Beach, California TO:- i.�' )`�` Dear sirs: � With the recent adoption of Resolution No. 2263 which establishes a policy for towing services for the Police Department and in compliance with this resolution, I do hereby request that the Huntington Auto Service be designated as an Official Police Impound Garage and Towing Service. Be advised that the Huntington Auto Service can and will comply with all provisions as- outlined in said resolution. 1. We have a usable storage area of 43,500 feet on Crystal Ave. North of Garfield Ave. Also 10,000 feet at 610 Main St. exclusive of repair area. 2. We own the following pieces of towing equipment: One 16 ton wrecker One 6 ton wrecker One 4 ton wrecker 3. We are novered by the Farmers Insurance Group for liability in the amount of One Hundred Thousand and Three Hundred Thousand ($1009000 8c $300,000)- Dollars. In addition to the complete compliance with Resolution No. 2263 we will, with the agreement of the Chief of Police, install 8. direct line with the dispacher and our place of business. Attached please find a list of towing and storage charges. Hoping this meets with our approval, I am Reppectfully yours, E er E. Gaetsch Huntington Auto Service EEG Enclosure Phones LExington 6-2507 LExington 6-2508 We Do Any Type of Motor Repair Work COMPLETE AUTO BODY, FENDER & PAINT DEPT. 24-Hour Towing and Emergency Service 610 MAIN STREET HUNTINGTON BEACH, CALIFORNIA Submitted herewith is a list of towing end storage rates that will be charged: EMERGENCY TOWING: Within three (3) miles: De yt ime. . . . . . . . 12.50 Nights end Holidays. . . 15,00 Over three (3) miles: $1.00 per mile to closest mile ILLEGAL PARKING AND ABANDONED VEHICLES: De.ytime $7.50 Nights end Holidays. . . . . . $10.00 STORAGE RATES: Outside. .$1.00 per day Inside. .. .$1.50 per day Respectfully submitted, Elmer E. Goetsch Huntington Auto Service ,y �7 ^X- June 2, 1965 TO: City Council FROM: Planninit Commission ATTN: Doyle Millers City Administrator SUBJECT: Policy on conditional exceptions involving minimum lot area and minim lot widths. At their regular meeting on June 10 1965n the Planning Commission considered your request to establish a fire policy on minimum lot area and minimum lot widths. By unanimous vote. -the Planninw, Commission adopted the f ollowine policy: Iota within each block shall averaee 60 feet In width with 6000 square feet of lot area. The minimum lot shall not be -less than 50 feet aside with 5000 square feet of lot area. Ka A. Reynolds, Secretary ATTORNEY GENERAL' S OPINIONS (Volume 39) May 1962 298 Opinion No. 62. 92 - June 11, 1962 SUBJECT: CITY COUNCIL MEETINGS = TaPe recordings of, are not public records, but are "other matters ' in office of city clerk to which public may have right of reasonable access and inspection. REQUESTED BY: ASSEMBLYMAN, loth DISTRICT OPINION BY: STANLEY MOSK, Attorney General ` Charles A. Barrett, Assistant The Honorable Jerome R. Waldie, Assemblyman, Tenth District, Contra Costa County, has requested the opinion of this office as to whether tape recordings of city council meetings are public records which citizens have a right to inspect . The conclusion is as follows : Under present statutory provisions, tape recordings of city council meetings do not constitute public records . However, these recordings are "other matters" in the office of the city clerk under section 1227 of the Government Code, to which citizens have the right of reasonable access and inspection. ANALYSIS In the city of Pinole, Contra Costa County, the city clerk prepares regular minutes of the city council meetings . In preparing these minutes, the clerk relies upon tape recordings of the council meetings . In seeking to find what transpired at these meetings, citizens are requesting that these tape recordings be made available to them. The question is whether citizens may refer to these tape recordings rather than the prepared minutes on the basis that the tape recordings are public records . If these tape recordings are public records, then citizens may refer to them as a matter of right under the following provisions of section 1227 of the Government Code . The public records and other matters in the office of any officer, except as otherwise provided, are at all times during office hours open to inspection of any citizens of the State . A tape recording as opposed to papers or documents, presents a different form by which an event may be recorded for future reference . A tape recording does not constitute a written act or the written record of acts of a local public agency which a citizen may inspect under sections 1888, 1892, 1893 and 1894 of the Code of Civil Procedure. There- fore, no right of citizens to refer to a tape recording of a meeting of a local public agency can be found in the present provisions of section 1227 of the Government Code . ATTORNEY GENERAL' S_ OPINIONS (Volume 39) May 1962 299 As the City of Pinole is a general law city (Gov. Code sec . 34102) , the scope of this opinion extends only to those tape recordings utilized by city clerks of general law cities in preparing records of what transpired at the meetings of the city council of such city. Case authority indicates that there is no single test. applied to the question. of what constitutes a "public record" (Coldwell v Board of Public Works, 187 Cal. 510, 517) . The several tests which have been used by the cases have application only to questions of whether a given written document is a public record (see Kyburg v Perkins, 6 Cal . 674; Mushet v. Department of Pub. Service, 35 Cal . App. 630; 16- -Ops . Cal. Atty. Gen. 163, 18 Ops . Cal Atty. Gen. 231; 25 Ops . Cal. Atty. Gen. 90; 27 Ops . Cal. Atty. Gen. 194) . Upon encountering the problem of whether different forms of recording an event, e .g. , written documents, wire or tape recordings, photographs, constitute public records, it appears that an appropriate definition of a public record is that used in People v. Purcell, 22 Cal. App . 2d 126, 130, and Smith v. Paul, 174 Cal. App . 2d 744, 752: "A public record, strictly speaking is one made by a public officer in pursuance of duty, the immediate purpose of which is to disseminate information to the public, or to serve as a memorial of official transactions for public reference . " (Emphasis added. ) Another definition applicable to determining whether different forms of recording may be public records is that used in People v. Tomalty, 14 Cal. App. 224, 231: . 'Any record required by law to be kept by an officer, or which he keeps as necessary or convenient to the discharge of his official duty, is a public record ' . . . " (Emphasis added. ) In essence, a public record is a record which a public official is specifically required to keep or which, when not specifically re- quired, is necessary or convenient to the discharge of the official ' s duty. Regarding the duty of a city clerk of a general law city to keep a record of city council meetings, Government Code section 40801 provides the following" "The City clerk shall keep an accurate record of the proceeding of the legislative body and the board 'of equalization in books bearing appropriate titles and devoted exclusively to such purposes, respectively. The books shall have a comprehensive general index. " (Emphasis added. The city clerk has the duty to keep a written record of the proceedings of the city council in books devoted exclusively to such a purpose. Under the two above definitions, it is this record which is a "public record" under section 1227 of the Government Code. This written record is that which the city clerk is required to keep and which discharges the clerk' s duty under section 40801. Cont ' d ATTORNEY GENERAL'S OPINIONS (Volume 39) May 1962 299 300 On the other hand, a tape recording is not a record which the clerk is specifically required to keep. The clerk is required to keep a written record. Nor is the keepinE of a tape recording necessary or convenient to the discharge of the clerk' s duty to keep a written record. While the use of a tape recording may be convenient or even necessary to the preparation of the written record, it is obvious that the sub- sequent retention of the tape recording is not necessary or convenient once the written record is prepared and properly maintained. It is the necessary or convenient keeping of .a record, not the use thereof in the preparation of another record, that causes it to be a public record. Therefore, it is concluded that tape recordings of city council meetings are not public records . However, these tape recordings of the council meetings are "other matters" under section 1227 to which citizens have a right to refer. "Other matters" within this section relates to matters which are"public and in which the whole public may have an interest. " (Whelan v. Superior Court. 114 Cal. 548, 550; Coldwell v. Board of Public Works, 187 Cal. 510, 520; 16 Ops . Cal. Atty. Gen. 163, 164; 18 Ops . Ca. Atty. Gen, 231, 234. ) The word "public" means "of, pretaining to, or affecting the people at large or the community" (Coldwell v. Board of Public Works, supra. ) The matter with which the tape recordings are involved is the proceeding of the legislative body of a general law city, this matter is indeed public and one in which the whole public have an interest. Further, the proceedings of city council meetings are subject to the provisions of the Ralph M. Brown Act contained in Government Code sections 54950-54960. While the fact situation necessitating this opinion does not call for the application of the Ralph M. Brown Act itself, the idea which this act was designed to sustain is applicable here. That idea is that the people should know the processes by which their representatives arrive at decisions (36 Ops . Cal. Atty. Gen. 175, 176) These processes can become known to those citizens failing. or unable to attend the proceedings by the reproduction thereof in the form of a recording. The fact that such a matter has already been made the subject of a public record is not a limitation of a citizen' s right of access to other records of the same matter. In Jessup v. Superior Court, 151 Cal. App. 2d 102, the court regarded special investigation reports as being "other matters" despite the existence of a public record of the same accident. Therefore, these tape recordings are "other matters" under section 1227, to which citizens have a right of access . This right of access is not unlimited in scope . A citizen has a right of .access only to a tape recording then existing and available in the office of the city clerk. The clerk is under no duty_ to retain these tape recordings for any particular period of time for reference thereto by citizens; he must only make a recording available when he has retained it after use thereof in preparation of the written minutes . Thus the clerk is not prohibited from erasing or destroying tape after its use. Cont ' d. ATTORNEY GENERAL' S OPINIONS Volume 39 May 1962, 300 301 A further limitation on the right of access is that the cir- cumstances of its exercise must be reasonable . While a citizen has access to a tape itself, he has no right to utilize a machine in the office of the clerk for its play when such use would hamper the proper functioning of that office . A citizen may use such machine only when not in use by the personnel of that office. When a machine is not reasonably available, a citizen is free to provide himself with one from another source . Therefore, a city clerk must reasonably accommodate the exercise of a citizen' s right of access to tape recordings under section 1227. Reasonable accommodation constitutes the providing with the requested tape, a machine when doing so does not unduly hamper or impair the performance of other duties of the clerk.