HomeMy WebLinkAboutAdopt Ordinance 4155 amending Chapter 10.44 of the Huntingto .9
City of Huntington Beach
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File #: 18-415 MEETING DATE: 10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Robert Handy, Chief of Police
Subiect:
Adopt Ordinance 4155 amending Chapter 10.44 of the Huntington Beach Municipal Code
(HBMC) relating to oversized vehicles
(Approved for introduction as amended by Supplemental Communication on October 1, 2018 -
Vote: 7-0)
Statement of Issue:
Ordinance No. 4155 was introduced to amend Chapter 10.44 of the Huntington Beach Municipal
Code to enforce parking rules related to oversized vehicles in our City.
Financial Impact:
There are minor costs associated with the recommended changes to the Oversized Vehicle
Ordinance for new signage at City limits. These costs will be absorbed within the citywide adopted
Budget for Fiscal Year 2018/19.
Recommended Action:
Adopt Ordinance No. 4155, "An Ordinance of the City of Huntington Beach Amending Chapter 10.44
of the Huntington Beach Municipal Code Relating to Parking - Time Limits."
Alternative Action(s):
Reject the Ordinance amendment to the Huntington Beach Municipal Code and direct staff
accordingly.
Attachment(s):
1. Revised Ordinance 4155
2. Revised Legislative Draft - Ordinance 4155
3. 10-1-18 Staff Report and Materials
City of Huntington Beach Page 1 of 1 Printed on 10/10/2018
395 powered by Legistar"`
ORDINANCE NO. 4155
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO PARKING—TIME LIMITS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 10.44.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
10.44.050 Penalty--ContinuinlZ Violations
Any person violating any provision of this chapter shall, upon a conviction thereof, be guilty of
an infraction, and punishable by a fine not to exceed $100.00 for the first violation, $200 for the
second violation, and $300 for the third violation in one calendar year; provided further, that
each period of time a vehicle is left parked after the initial violation of such provisions shall be
deemed a separate offense, equal to the maximum legal parking time for the particular time zone
or parki_Zg space as designated in sections setting the maximum legal time.
SECTION 2. Section 10.44.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
10 44.060 Oversized Vehicle Parking Regulations
Except as provided herein, no person shall park or leave standing upon any public highway or
alleyway:
A. Any motor vehicle, over 22 feet long or 84 inches wide, including, but not
limited to, buses, motor trucks, trailers, vehicles used'or maintained as farm machinery or
a special purpose or equipment machine, any non-motorized vehicle such as a semitrailer,
recreational vehicle trailer, watercraft trailer, trailer, trailer coach, utility trailer,
unattached trailer, motorcycle trailer, two or more axle camper, or one axle camper, over
84 inches wide, measured from the extreme forward/widest point to the extreme rear
point. Measurements shall include extensions and/or attachments.
B. Recreational vehicles of any size are not permitted. The term"recreational
vehicle" (RV) shall have the same meaning as set forth in California Health.and Safety
Code Section 18010 or any successor statute.
18-6251/1821891MV 1
SECTION 3. Section 10.44.065 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
10.44.065 Exceptions
Section 10.44.060 shall not apply to the following:
A. Recreational vehicles or oversized motor vehicles as defined in Section
10.44.060, parked for the purpose of loading, or other short-term use, or unattached
trailers provided that a permit has been issued in advance by the Police Chief. The Foiice
Chief, or his or her designee, shall have authority to make and enforce any rules and
regulations for or regarding the issuance, administration or enforcement of any permit as
set forth in this chapter. A permit may be issued for loading, unloading, or other short-
term use not to exceed 24 hours, provided that:
l. No more than 12 such periods are allowed in a calendar month; and
2. No more than three days consecutively; and
3. No more than 144 days in any 12-month period.
Such parking shall be limited to the area in front of the residence from which the loading or
unloading will occur, or in reasonable proximity thereto if the front of the residence is not
available for parking. Permits are issued to the oversized vehicle as defined in section ?0.44.060
of the Huntington Beach Municipal Cede and.not the drawing vehicle.
B. Nothing in this chapter shall be construed to permit sleeping in a vehicle.
C. A permit may be used for any oversized motor vehicle parking while used in
performing or assisting in performing city permi,ed services or repairs On residential
property. The permit will be valid for 45 days and will be renewed only upon proof that
the vehicle is continuing to be used in performing the services described'herein not to
exceed 90 days in any 12-month period.
D. Oversized vehicles as defined in Section 10.44.060 parked upon any public street
or highway in a commercial or industrial district between the hours of 6:00 a.m. and 9:00
P.m.
SECTION 4. Section 10.44.070 of the Huntington Beach Municipal Code is hereby
repealed.
SECTION 5. This ordinance shall become effective 30 days after its adoption.
1 8-625 1/1 82 1 89/MV 2
ORDINANCE NO. 4155
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 15th day of October _ , 201 S
i
Mayor
ATTEST:
City Clerk
REViE APPROVED: APPRO :ED AS O PORM:
City n, ger City Attorn y
INITIATED AND APPR ED:
G _
Police Chief
18-6251/182189/MV 3
Ord. No. 4155
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on October 1,2018, and was again read to said City
Council at a Regular meeting thereof held on October 15,2018, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on October 25,2018.
In accordance with the City Charter of said City.
`_Robin Estanislau, Ci , Clerk City Cler and ex-officio Clerk
tom(//i'Li 4t l �Deputy City Clerk of the City Council of the City
of Huntington Beach, California
LEGISLATIVE DRAFT
CHAPTER 10.44, SECTIONS 10.44.050, 10.44.060 and 10.44.065
10.44.050 Penalty—Continuing Violations
Any person violating any provision of this chapter shall, upon a conviction thereof, be guilty
of an infraction, and punishable by a fine not to exceed $100,00 for the rst violation 200
for the second violation and $300 for e violation in one calendar ea ; provided
further, that each period of time a vehicle is left parked after the initial violation of such
provisions shall be deemed a separate offense, equal to the maximum legal parking time for
the particular time zone or parking space as designated in sections setting the maximum
legal time. (1155-8165, 2276-5/78)
10.44.060 Oversized Vehicle Parking Regulations
Except as herein provided here i , no person shall park or leave standing upon any public
street-ar highway or alleyway:
A. Any motor vehicle over 22 fee(lone or 84 inches wide including. but not limited to,
buses motor trucks trailers,vehicles used or maintained as farm nacjrgEy or a specla
wextan
equipmengora
, orized vehicle such as e itrailerl vehicle tie"
railer trailer ch, utility trailer. unattached
75 f et Innneorcycfe trarmper or one over�Q,��.��,ide, mea fotwardlwidest point to the extreme rear point
moo veht�s-e at#as#�ed-vehlcles-- Measurements shall� sionsh 7
S. t7 _11iCiHrelitE l -0 4 iiv i � nir# cnvtaa �i e ]
e-ever-84-l�l�es-wid e�-�.:_e�
ln��m.nr��Tc rcim ilnr�nn
prepe ty-Recreational vehicles of any size are not permitted The term "recreational vehicle"
(RVl shalt have the same meaning as set forth in California Health and Safety Code Section
18010 or any successor statute;;
G— r o er vehrisle insEudiflg see toter-trucks;trailer,-seraitr-a-ilers-tiler czaac-hes
r-)r-frus fi: oT.. d_fned-in the-1/e-We-Q de;ove"4nt�es-w. de a d a I#s,�I.�,st
pe Rt-8x61U �t e e�r r irr 1 r nvfYnc pCl[lrled ppG�e�roF the-
rS,nn c ""..7,. `
D, A y-gjGtn�rehini }
--pedal � °
;=:-�,+�y��-rrrateri�ed vehic42;1' '�;-asa�er�aitratler;�esrea#ior�al-vehisla-trailer�terEr-a€t
traiie�fra+ler trailer coadis t#I raNer meterGys4 trailer-twe�r reere axle-camper-,-or-a
one axfe sapAper-v hic;h faas-been deta ing-ve Rot
to e;�od four houfs.on-an seess
es of this
F. kpy ,,repeatfeet-long
pouf4o4he-extreme rear�or fnciing ex#er3srens er atfashed�te# �nrc� tot^
o(RV)" -hall,-iiiz'Qo"-the CaMA MR;;ni �$-Set�9Ftkl�ttbAttfBr�ia l�£'t�]t�3 r�{iCl
��rE'6F8$tiBliaC�l �-v�-�rr �
gafa de SeGti()R 1 or st esesser stag(1935-11/74, 2115-11176, 2514-12/81,
2855-12/86, 3699-04/05, 3823-4/09, 4028-8/14)
18-6251/174906/MV 1
399
10.44.065 Exceptions
Section 10.44,060 shall not apply to the following:
A. Recreational vehicles or oversized motor vehicles as defined in Section 10.44.060,
parked for the purpose of loading, or other short-term use, or unattached trailers provided
that a permit has been issued in advance by the Police Chief, The Police Chief or his or her
�leslgnee shall have authorit to mace and enforce an rules and regulations reaardinc�the
issuance administration or enforcement of any permit as set forth in this chapter,.A permit
may be issued for loading, unloading, or other short-term use not to exceed 24 hours,
provided that:
1. No more than 12 such periods are allowed in a calendar month; and
2. No more than three days consecutively; and
3. No more than 144 days in any 12-month period.
Such parking shall be limited to the area in front of the residence from which the loading or
unloading will occur, or in reasonable proximity thereto if the front of the residence is not
available for parking, Permits apply to the ayersiz d vehicle as defined in section 10.44.060
of the Huntington Beach Municipal Code and_ not the vehicle drawing an oversized carriage.
B Nothing in this chapter shall be construed to permit sleeping in a vehicl"r4h4rted-by
S - fie-]--lg��-Beach-dal-Gads.
C. A permit may be issued for any oversized motor vehicle parked while used
performing or assisting in performing services or repairs on residential property. The permit
will be valid for 45 days and will be renewed only upon proof that the vehicle is continuing to
be used in performing the services described herein not to exceed 90 days in any 12-month
period.
D
. /1 nit nrer�iII !^,i��i4�h-16-paF44Ld-fBr nn4 �an-f� ivy�r;���utF'J2 �nF-3�-o-�:r'tT^-' i
� ,,�,..,,
make_e4:C e �,pairs fin oi eNcle-, th g here r�ir�r^�F"i,-Gon$'trfled4o--pe�71#
g9� �eaGl3 �el
iele-tfaiier,- of I
#rare trail reile�oash;-utiti y4raiter,muter-GyGle-traRef7-two-er-mere La 1_- fnpe�,-er a
ene-axle-caEnper=wWc-h-has-beery-detached4Feri4 its-drawer-veh4GIe-pa fed-f$r-a-perio"()t
te-ex4,eed4e-6+-heur-s�n--aR -pub44 i,., ;gorl volt twe
teRths-efamile-area--&ha44 be-pFesu ed-to
o
e GFeat ena4�vIehi�c�'e, as-d fine' n Seotiea-19-,44:869(F ,
4s-d-FaVRgehiGIe,�aFked 4 &a6o�ab4�pr@3�8-`a-p r L-.eweeqFhe 49uFe of R'(ll m }
CD. Oversized vehicles andler-r s eatiena4 vel*tes as defined in
Section 10,44,060 parked upon any public street or highway in a commercial or industrial
district between the hours of 6:00 a.m. and 9:00 p.m. (1935-11174, 2115-11f76, 2514-12181,
2855-12186, 3699-04105, 3735-5106, 3742-8106, 4028-B114)
i I
t
II
i
18-625 111 74 9 0b/MV 2
t
400
+� City of Huntington Beach
INTER-DEPARTMENT COMMMUNICATION
HUNTINGTON BEACH
TO: Honora le Mayor and City Councilmembers
FROM: Robert Handy, Chief of Police
DATE: October 1, 2018
SUBJECT: SUPPLEMENTAL COMMUNICATION — ORDINANCE FOR
INTRODUCTION ITEM NO. 19 AMENDING CHAPTER 10.44 OF THE
HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PARKING —
TIME LIMITS
Please find attached for your consideration a revised draft of Ordinance No. 4155 that
includes the following information:
• 10.44.060 A - Remove 25 feet in length
• 10.44.060 A —Add language requiring all "unattached" trailers to have a permit
• 10.44.065 D — Remove term "Recreational Vehicles"
Recommended Action:
Approve for Introduction Ordinance No. 4155, "An Ordinance of the City of Huntington
Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to
Parking —Time Limits," as amended by supplemental communication.
c: Fred Wilson, City Manager
SUPPLEMENTAL
COMMUNICATION
/,4 — I -- Za/
rr DaW: ..
Aanda Item No.��
ORDINANCE NO. 4155
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO PARKING—TIME LIMITS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 10.44.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
10.44.050 Penalty--Continuiniz Violations
Any person violating any provision of this chapter shall, upon a conviction thereof, be guilty of
an infraction, and punishable by a fine not to exceed $100.00 for the first violation, $200 for the
second violation, and $300 for the third violation in one calendar year; provided further, that
each period of time a vehicle is left parked after the initial violation of such provisions shall be
deemed a separate offense, equal to the maximum legal parking time for the particular time zone
or parking space as designated in sections setting the maximum legal time.
SECTION 2. Section 10.44.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
10 44 060 Oversized Vehicle Parkinjz RelZulations
Except as provided herein, no person shall park or leave standing upon any public highway or
alleyway:
A. Any motor vehicle, over 22 feet long or 84 inches wide, including, but not
limited to, buses, motor trucks, trailers, vehicles used or maintained as farm machinery or
a special purpose or equipment machine, any non-motorized vehicle such as a semitrailer,
recreational vehicle trailer, watercraft trailer, trailer, trailer coach, utility trailer,
unattached trailer, motorcycle trailer, two or more axle camper, or one axle camper,over
84 inches wide, measured from the extreme forward/widest point to the extreme rear
point.-Measurements shall include extensions and/or attachments.
B. Recreational vehicles of any size are not permitted. The term "recreational
vehicle" (RV) shall have the same meaning as set forth in California Health and Safety
Code Section 18010 or any successor statute.
1 8-625 1/1 821 89/MV 1
SECTION 3. Section 10.44.065 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
10.44.065 Exceptions
Section 10.44.060 shall not apply to the following:
A. Recreational vehicles or oversized motor vehicles as defined in Section
10.44.060, parked for the purpose of loading, or other short-term use, or unattached
trailers provided that a permit has been issued in advance by the Police Chief. The Police
Chief, or his or her designee, shall have authority to make and enforce any rules and
regulations for or regarding the issuance, administration or enforcement of any permit as
set forth in this chapter. A pen-nit may be issued for loading, unloading, or other short-
term use not to exceed 24 hours, provided that:
1. No more than 12 such periods are allowed in a calendar month; and
2. No more than three days consecutively; and
3. No more than 144 days in any 12-month period.
Such parking shall be limited to the area in front of the residence from which the loading or
unloading will occur, or in reasonable proximity thereto if the front of the residence is not
available for parking. Permits are issued to the oversized vehicle as defined in section 10.44.060
of the Huntington Beach Municipal Code and not the drawing vehicle.
B. Nothing in this chapter shall be construed to permit sleeping in a vehicle.
C. A permit may be used for any oversized motor vehicle parking while used in
performing or assisting in performing city permitted services or repairs on residential
property. The permit will be valid for 45 days and will be renewed only upon proof that
the vehicle is continuing to be used in performing the services described herein not to
exceed 90 days in any 12-month period.
D. Oversized vehicles as defined in Section 10.44.060 parked upon any public street
or highway in a commercial or industrial district between the hours of 6:00 a.m. and 9:00
p.m.
SECTION 4. Section 10.44.070 of the Huntington Beach Municipal Code is hereby
repealed.
SECTION 5. This ordinance shall become effective 30 days after its adoption.
18-6251/182189/M V 2
ORDINANCE NO. 4155
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the day of , 2018.
Mayor
ATTEST:
City Clerk
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Manager City Attorney
INITIATED AND APPROVED:
Police Chief
1 8-625 1/1 82 1 89/M V 3
LEGISLATIVE DRAFT
CHAPTER 10.44, SECTIONS 1 .4 0, 10. 4.060 and 10.44.065
10.44.050 Penalty—Continuing Violations
Any person violating any provision of this chapter shall, upon a conviction thereof, be guilty
of an infraction, and punishable by a fine not to exceed $100.00 for the.,first v,iolation,.$200.
for the second violation and_300 for the third_violation in one calendar year; provided
further, that each period of time a vehicle is left parked after the initial violation of such
provisions shall be deemed a separate offense, equal to the maximum legal parking time for
the particular time zone or parking space as designated in sections setting the maximum
legal time. (1155-8/65, 2276-5/78)
10.44.060 Oversized Vehicle Parking Regulations
Except as herein provided herein, no person shall park or leave standing upon any public
street of highway or alleyway
A. Any motor vehicle aver 22 feet Qjig or 84 inches wide,,.,including, bu.t not l.i_mited._to,
buses,_motor trucks.,trailers vehicles used or maintained as.farm machinery or a special
.. _... ..
purpose or equipment mac...hine any non mota_nzed vehicle such as a semitrailer,
:.
recreational vehicle trailer watercraft trader trailer trailer coach utility trailer, unattached
...
trailer_moWnc cle trailer Jwo or more axle camper or one axle camper, over 25 foot Innis r
9r
—
84 inches wide, measured from the extreme forward/widest paint to the extreme rear paint
iavers.i.zed_m_otar_vehicle including extensions of.attached vehicles. .M_easur..ements._shall.
include.extensions_and/o_r-attachments..
B Any fnatar vehticle over�4+r +es vd+de reas+lred at+#s w+dent po+r} exld+r�g side-
...
pi opeffy—Recreational vehicles of assize are notermitted. The term recreational vehicle"
RSV shall have the same meaning aas set forth in California Health and Safety Code Section
18010 or any successor statute.;_
G.. My motor vehicle, including-buses, motor trucks,trailers.,.sernitrailers; trailer coaches;
the_.of'nor+ - ` s, —ov2r-84-4nrhes-wi4de;n4ecasureaat s-wi de�St
or-ttFUGk tract r_&-a&-defined,i{�_
po+nt,-exolud4ng-side-v+ew4n4rrGrs, -used-or--maintained-for-the
D. ARy motor vehicle which is designed, used or mak4ained as farm mac-higery-or-a
E..__........._A=yn=on-m=otofiz-:e !=ehicle, s a semitrailer,recreational vehicle trade.T-wate-Mraft
trailer; trailer; trailer GOac-h, utility trailer,+notorc-yGle trailer,two of.more-axle-Gamper,far--a
ems;reni4ts-drawing--veh+Gle parked for a period not
to exceed four hours on ap,"ubliG street or alley. Successive acts Gf paFkiRg within a two.-
tenths of a mile area shall be presumed to be a single act of parking for-purposes oft
F...1tx Any ""rorr9ational- e ; y RV) no :F0.J�measured-fromr-ho extr- me forward
point-to the extreme reaf-point, including-extensions of.attached vehicles. The term
ecreat+o+aal we#isle V3 shop have-the-earise-meaning-asset-€or-E+a-in Gal+fr lia ' ' '_' ar
(1935-11/74, 2115-11/76, 2514 12/81,
2855-12/86, 3699-04/05, 3823-4/09, 4028-8/14)
18-6251/174906/M V 1
10.44.065 Exceptions
Section 10.44.060 shall not apply to the following:
A. Recreational vehicles or oversized motor vehicles as defined in Section 10.44.060,
parked for the purpose of loading, or other short-term use, or-unattached_trailers provided
that a permit has been issued in advance by the Police Chief The_Police-Chief or his or-her
...
designee shall have.authority to make_and enforce any rules and regulations re.gardm,g the.
1.issuance administration or.._enforcement of and permit as set forth i_n this chapter. A permit
may be issued for loading, unloading, or other short-term use not to exceed 24 hours,
provided that:
1. No more than 12 such periods are allowed in a calendar month; and
2. No more than three days consecutively; and
3. No more than 144 days in any 12-month period.
Such parking shall be limited to the area in front of the residence from which the loading or
unloading will occur, or in reasonable proximity thereto if the front of the residence is not
available for parking. Permits apply to the oversized vehicle as defined in section 10.44.060
of the.Huntington_BeachM_unici -al Code, andnot the_vehicle drawi-n an oversized carriage...
B. Nothing in this chapter shall be construed to permit sleeping in a vehicle-prohibited.by
Seetior}-9-.,54:840_of-the-h-lun ngt -Beaech4� niGoI-Code.
C. A permit may be issued for any oversized motor vehicle parked while used-in
performing or assisting in performing services or repairs on residential property. The permit
will be valid for 45 days and will be renewed only upon proof that the vehicle is continuing to
be used in performing the services described herein not to exceed 90 days in any 12-month
period.
9--A-4y over-s�-ed4-otof-vehic4e-whic44- parked liar_riot-mare4hafv44Dur-e n-seGA-ve-hours-te
makFe-emergen y-r-epafrs to such-vehiG---N-othir g here n-shall--be-construed-te-perm+t
violation of any reGtFiGti0R on vehick_��elsewhaFe
-A4"e44pGtGr4zed-v2N6e--aeru-ei-�rrrrsiui r-r"c^+Kat48r}al- ah4le4M4�er;-wat2rfr&ft
trailer,trailer, trailer-coach,-utility-trailer,fnotGrcyclei trailer, two or more axle-camper,of a
one-axle camper-which has-been detached from its drawing-vehicle-parked for_a period-not
tG eXGee foul-hor-rr-�rry-publio-stfe tc-of "i 44i- a-twe-
tefiths-of-a-mile afea-.shall--be-presumed-to-be-a-c6,^gte-act-of-par"-#er-pu-rposes-of-ttlrs
chapter,
F. Afry-fecrea#ionak Section 10A4:96Q(F), 4,,,+„roto4z—e"r=attached to
4"Fawing vehicle, p rked in reasonable proximity to a park betweenthe hours of 6:00-a.m.
and-9 00 p.rn,
CD.. Oversized vehicles anther reG eatbna vehicles as defined in
Section 10.44.060 parked upon any public street or highway in a commercial or industrial
district between the hours of 6:00 a.m. and 9:00 p.m. (1935-11/74, 2115-11/76, 2514-12/81,
2855-12/86, 3699-04/05, 3735-5/06, 3742-8/06, 4028-8/14)
18-6251/174906/M V 2
tq PPkO VEP 7 D
` City of Huntington Beach ,Iw,
File #: 18-337 MEETING DATE: 10/1/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Robert Handy, Chief of Police
Subject:
Approve for Introduction Ordinance No. 4155 amending Chapter 10.44 of the Huntington
Beach Municipal Code (HBMC) relating to oversized vehicles
Statement of Issue:
The City of Huntington Beach has established several ordinances to enforce parking rules related to
oversized vehicles in our City. Currently, the City establishes that any vehicle over 25 feet long or 84
inches wide is considered oversized and there are restrictions for trailers as well. Over the years the
oversized vehicle ordinance has been changed to address community concerns and changes in
vehicles. The older ordinances were not modified to reflect the newer changes which created
contradictions making enforcement efforts unclear. Amendments to Chapter 10.44 of the Huntington
Beach Municipal Code are recommended to streamline enforcement and improve compliance.
Financial Impact:
There are minor costs associated with the recommended changes to the Oversized Vehicle
Ordinance for new signage at City limits. These costs will be absorbed within the Citywide Adopted
Budget for Fiscal Year 2018/19.
Recommended Action:
Approve for introduction Ordinance No. 4155, "An Ordinance of the City of Huntington Beach
Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits."
The Police Department is requesting the following changes be made to the oversized vehicle
ordinances to allow for the enforcement of these vehicles and to meet the needs of our residents.
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
The City of Huntington Beach has always been concerned with the safe and efficient movement of
vehicular, bicycle, and pedestrian traffic on our highways, streets and bike paths. Since the last
City of Huntington Beach Page 1 of 4 Printed on 9/26/2018
1029 powered by Legistar"
File #: 18-337 MEETING DATE: 10/1/2018
HBMC Chapter 10.44 amendment in July 2014, the City has experienced an increase in oversized
vehicles parking for excess periods of time near parks, residential streets, and public highways. The
City continues to receive requests from its residents for revised regulations to limit oversized vehicles
throughout the city limits.
The current ordinance demands excessive staff resources to regulate and enforce and has proven
ineffective at meeting the needs of the residents. Several loopholes within the existing ordinance
(allowing oversized vehicles to remain for extended periods of time) has resulted in residents
defaulting to abandoned vehicle reporting. This subsequently limits enforcement and contributes to
long term curbing of non-resident oversized vehicles. Due to their size, oversized vehicles diminish
visibility of sight distance for approaching intersections, driveways, or curves and may contribute to
overall diminished pedestrian and vehicular safety.
A "resident only" permit based system will continue to allow the residents of Huntington Beach ample
time to load, fix, prepare a Recreational Vehicle (RV) and/or trailer for leisure use and provide a more
efficient enforcement standard. Raising the fine amounts for subsequent violations, as neighboring
agencies have done, will assist with deterrence of habitual offenders.
Specific HBMC proposed changes include:
1. Amend 10.44.060 A, B, and C
a. Combine A, B, and C into one section listing the following restrictions: oversized
vehicles in excess of 22 feet (length), or 84 inches in height or width and recreational
vehicles of any size shall not be parked on any public street/highway/alley without a
permit.
2. 10.44.065 Modifications
a. Amend 10.44.065 A
i. Add language to 10.44.065 A to indicate the Chief of Police or his/her designee
shall have authority to make and enforce any rules and regulations for or
regarding the issuance, administration or enforcement of any permit.
b. Repeal 10.44.065 D and E
i. Both exceptions are covered in 10.44.065 A. Repealing these sub- sections
would eliminate two-pronged responses, allowing for enforcement at the time of
the complaint.
City of Huntington Beach Page 2 of 4 Printed on 9/26/2018
1030 powered by LegistarTl
File #: 18-337 MEETING DATE: 10/1/2018
c. Repeal 10.44.06 F
i. Section F allows a vehicle to park within a "reasonable proximity" to a park.
3. Repeal10.44.070
a. This section allows exceptions to vehicles being parked at certain hours. It allows for a
2-hour exception for any vehicle parked outside of the 2100-0600 hours. It also allows
for any vehicle to park along City streets for 4 hour emergencies.
4. Establish a tiered penalty system for multiple violations in one year
a. Currently, violators are cited an $82 fine for all incidents. Establishing a second violation
fee of$162 and $246 for the third and each subsequent violation within one year will
provide an incentive for the public to comply with the Ordinance and potentially reduce
the volume of repeat offenders.
The following are examples of cities that have recently amended their oversized vehicle ordinance:
Garden Grove:
• Established an oversized vehicle ordinance in October 2017.
• Established a tiered system of fines for habitual offenders:
0 1 It offense: $108
0 2nd offense: $208
0 3rd offense: $508
Costa Mesa:
• Restricts oversized vehicles over 22 feet to 48 hour parking for residents only.
• Established tiered system for habitual offenders:
0 1 It offense: approximately $150
0 211 offense: approximately $300
0 3rd offense: approximately $500
Anaheim:
• Established citywide restriction for oversized vehicles as of July 1 It
2018.
City of Huntington Beach Page 3 of 4 Printed on 9/26/2018
1031 powered by LegistarTI
File #: 18-337 MEETING DATE: 10/1/2018
• Currently working to establish language to tow vehicles after the 1st offense.
Fullerton:
• Updated oversized vehicle ordinance in 2014, restricting vehicles in excess of 80 inches.
• Established tiered system for habitual offenders:
0 1 st offense: not to exceed $100
0 2nd offense: not to exceed $200
0 3rd offense: not to exceed $500
Newport Beach:
• Currently working to create a city-wide oversized vehicle restriction
Los Angeles (City):
o Established tiered system for habitual offenders and price varies based on offense
Environmental Status:
N/A
Strategic Plan Goal:
Improve quality of life
Enhance and maintain public safety
Attachment(s):
1 . Proposed Ordinance No. 4155
2. Legislative draft of the code
3. Copy of existing HBMC parking codes
City of Huntington Beach Page 4 of 4 Printed on 9/26/2018
1032 powered by Legistarr"
O
ORDINANCE NO. 4155
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO PARKING—TIME LIMITS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 10.44.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
10.44.050 Penalty--Continuing Violations
Any person violating any provision of this chapter shall, upon a conviction thereof,be guilty of
an infraction, and punishable by a fine not to exceed$106.00 for the first violation, $200 for the
second violation, and $300 for the third violation in one calendar year; provided further, that
each period of time a vehicle is left parked after the,'initial violation of such provisions shall be
deemed a separate offense, equal to the maximum"legal parking time for the particular time zone
or parking space as designated in sections setting the maximum legal time.
SECTION 2. Section 10.44.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
10.44.060 Oversized Vehicle Parkiny,Regulations
Except as provided herein, no person shall park or leave standing upon any public highway or
alleyway: f
A. Any motor vehicle, over 22 feet long or 84 inches wide, including, but not
limited to, buses,motor trucks,trailers, vehicles used or maintained as farm machinery or
a special purpose or equipment machine, any non-motorized vehicle such as a semitrailer,
recreational/vehicle trailer,watercraft trailer,trailer, trailer coach, utility trailer,
motorcycle trailer, two or more axle camper, or one axle camper, over 25 feet long or 84
inches wide,measured from the extreme forward/widest point to the extreme rear point
(oversized motor vehicle). Measurements shall include extensions and/or attachments.
i�
B / Recreational vehicles of any size are not permitted. The term"recreational
vehicle" (RV) shall have the same meaning as set forth in California Health and Safety
Code Section 18010 or any successor statute.
I
i"
/ 18.6251/192189/MV 1
ORDINANCE NO. 4155
SECTION 3. Section 10.44.065 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
10.44.065 Exceptions
Section 10,44,060 shall not apply to the following:
A. Recreational vehicles or oversized motor vehicles as defined in Section
10.44.060, parked for the purpose of loading, or other short-term use,provided that a
permit has been issued in advance by the Police Chief. The Police Chief, or his or her
designee, shall have authority to make and enforce any rules and regulations regarding
the issuance, administration or enforcement of any permit as set forth in this chapter. A
permit may be issued for loading,unloading, or other short-term use not to exceed 24
hours,provided that:
1. No more than 12 such periods are allowed in a calendar month; and
2. No more than three days consecutively; and
3. No more than 144 days in any 12-month period.
Such parking shall be limited to the area in front of the residence from which the loading or
unloading will occur, or in reasonable proximity thereto if the front of the residence is not
available for parking. Permits apply to the oversized vehicle, as defined in section 10.44.060 of
the Huntington Beach Municipal Code;and not the vehicle drawing an oversized carriage.
B. Nothing in this chapter shall be construed to permit sleeping in a vehicle.
C. A permit may be issued for any oversized motor vehicle while performing or
assisting in performing city permitted services or repairs on residential property. The
permit will be valid;for 45 days and will be renewed only upon proof that the vehicle is
continuing to be used in performing the services described herein not to exceed 90 days
in any 12-month period.
D. Oversized vehicles and/or recreational vehicles as defined in Section 10.44.060
parked upon any public street or highway in a commercial or industrial district between
the hours'of 6:00 a.m, and 9:00 p.m.
SECTION 4. Section 10.44.070 of the Huntington Beach Municipal Code is hereby
repealed,'
t`,.
SECTION 5. This ordinance shall become effective 30 days after its adoption.
A'
F
✓F
l
t
fI
a'
18-6251/182189/MV 2
ORDINANCE NO. 4155
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2018.
Mayor
ATTEST:
City Clerk
REVIEWED AND APPROVED: APPROVED.AS TO FORM:
k\ _IA—
City Manager City Attorney
INITIATED AND APPROVED:
Police Chief
r
18.6251/182189/MV 3
�r
I
it
LEGISLATIVE DRAFT
CHAPTER 10.44, SECTIONS 10.44.050, 10.44.060 and 10.44.065
10.44.050 Penalty—Continuing Violations
Any person violating any provision of this chapter shall, upon a conviction thereof, be guilty
of an infraction, and punishable by a fine not to exceed$100.00 for_ftfiiMt vi�lation�$200
for the s cond violation a d 0 for thir v' alendar�eI; provided
further, that each period of time a vehicle is left parked after the initial violation of such
Provisions shall be deemed a separate offense, equal to the maximum legal parking time for
the particular time zone or parking space as designated in sections setting the maximum
legal time. (1155-8/65, 2276-5/78)
10.44.060 Oversized Vehicle Parking Regulations
Except asjWjjjj provided herein, no person shall park or leave standing upon any public
a
highway LALe=.
A Any motor vehicle 2yeL22 feet Iona or 84 inches wide, inc(udina. but not limited tQ,
buses motor trucks,trailers vehicle" se or maintained a§ m maw n sy o aerial
purpose oregp�6Lpjae anv non-motorizedehiQ,such as a semitrailer
recreational vehicle trailer watgrcrag trailer,trailer trailer coach utility trailer.-motorcycle
t[ailet or more axle camper,or one axle camper over 25 feet long or 84 inches wide,
measured from the extreme forward6atiOe5t point to the extreme rear point(oversized motor
al3d/or attach
Y�l'1!� Measurements shall include extensions
i
gerreational vehicles of anv ize are notnot oermitt . The term "recreati nal�ehi�;Jg'
MY)shall have the same meaning aLut fo h inalifornia Heaith and_Safety epode Section
:.
.
its IW04NWA
(1935-11r74, 2115-11/76, 2514-12/81,
2855-12/86, 3699-04/05. 3823-4/09,4028-8/14)
18-6251/174906/MV 1
1036
J
10.44.065 Exceptions
Section 10.44.060 shall not apply to the following:
A. Recreational vehicles or oversized motor vehicles as defined in Section 10.44.060,
parked for the purpose of loading, or other short-term use, provided that a permit has been
issued in advance by the Police Chief. The-EQ1iCQ_ChieLQr bis_9rhe Jeaignee shall have
authority to make and enforce any rule§and rtgg%t215 reoardina the issuance
administration or enforcement of anv Hermit as set forth in thi§ �haote A permit may be
issued for loading, unloading, or other short-term use not to exceed 24 hours, provided that:
1. No more than 12 such periods are allowed in a calendar month; and
2. No more than three days consecutively; and
3. No more than 144 days in any 12-month period.
Such parking shall be limited to the area in front of the residence from which the loading or
unloading will occur, or in reasonable proximity thereto if the front of the residence is not
available for parking. Permits aoaty to the oversjz vehicle as defined in section�,0 44,060
2t the in ' n' i ode n h 1
B. Nothing in this chapter shall be construed to permit sleeping in a vehicl
C. A permit may be issued for any oversized motor vehicle while
performing or assisting in performing services or repairs on residential property. The permit
will be valid for 45 days and will be renewed only upon proof that the vehicle is continuing to
be used in performing the services described herein not to exceed 90 days in any 12-month
period.
Gha$#er:
€ - .
GQ. Oversized vehicles and/or recreational vehicles as defined in
Section 10.44 060 parked upon any public street or highway in a commercial or industrial
district between the hours of 6:00 a.m. and 9:00 p.m. (1935-1 V74, 2115-11I76, 2514-12/81,
2 8 5 5-1 2186, 3699-04/05, 3735-5/06, 3742-8106, 4028-8/14)
18-62 51/174906.'MV 2
1037
Oversized Vehicle Ordinances
10.44.060 Oversized Vehicle Parking Regulations
Except as herein provided. no person shall park or leave standing upon any public street or
hIL,h%NaN,.:
A. Any motor vehicle over 25 feet lonL,. measured from the extreme forward point to the
extreme rear point. including extensions or attached vehicles,
B. Ali\, motor vehicle over 84 inches wide, measured at its widest point. excluding side-
victy or similar extensions, designed. used or maintained for the transportation of
property:
C. motor vehicle. including buses. motor trucks, trailers, semitrailers, trailer coaches,
or truck tractors as defined In the Vehicle Codc. over 84 inches NvIde., measured at its widest
point. excluding side-view mirrors or similar extensions. designed. used or maintained for
the transportation of property,
D. Any motor vehicle which is designed. used or maintained as farm machinery or a
special purpose or equipment machine:
E. Am, non-motorized vehlcle,, such as a semitrailer, recreational vehicle trailer,
%vatercraft trailer. trailer. trailer coach... utility trailer, motorcycle trailer, two or more axle
camper, or a one-axle camper, which has been detached from its drawing, vehicle parked for
a period not to exceed t'OLII- hours on an,,- public street or alley. Successl\,e acts of parking
within ,I two-tenths of a mile area shall be presurned to be a single act of parking for
purposes of this chapter: or
I 'AnN --recreational vehicle (RV)" over 20 feet long, measured from the extreme ftmvard
point to the extrcnie rear point, linclUdino extensions or attached vehicles. The term
..recreational vehicle (R\")" shall have the Sallie 111canillo as set forth III Callf,01-111a Health
and Saf`ctN Code Section 18010 or successor statute. ( 193511/74. 2115-1111,76. '2514-12/81,
2855-11,86, 3699-04-'05. 3823-4/09, 4028-8/14)
10.44.062 Recreational Vehicle Parking in a Residential District—Special
Permits
A. The Police Chief may, Issue a temporary permit for the overnight parking of a
recreational vehicle prohibited b\, Section 10.4-4.060 if there is a finding that the vehicle is
used on a daily basis and on-premises parking is not reasonably available. A permit issued
based on this finding shall not be valid for loncer than six months.
B. The Police Chief'may issue a temporary permit to persons who demonstrate by way of
Written statement from a licensed medical doctor. that the recreational vehicle prohibited by
Section 1 0.44M60 must be kept near a residence For medical reasons. (3699-4/05)
1038
10.44.065 Exceptions
Section 10,44,060 shall not apply to the following:
A, Recreational vehicles or oversized motor vehicles as defined in Section 10.44.060.
parked for the purpose of loading, or other short-term use. provided that a permit has been
issued in adx once by the Police Chief. A permit may be issued for loading. unloading. or
Other short-term use not to exceed 24 hours, provided that:
1. No more than 12 Such periods are allow-ed in a calendar Month, and
I No more than three dais consecutively: and
3. No more than 144 days in any 12-month period.
Such parkitig shall be limited to the area in front of the residence from which the loading or
Unloading will occur, or in reasonable proximity thereto it'the f'ront ol'the residence is not
available for parkin{.?.
B. Nothing in this chapter shall be construed to pernilt sleeping In a vehicle prohibited by
Section 9,54.0 10 of the Huntinoton Beach Municipal Code.
C. A permit may- be issued for any oversized motor vehicle parked while used In
performing or assisting III pert orming services or repairs oil residential property. The permit
will be valid for 45 days and will be renewed Only upon proof that the vehicle is continuing
to be used in performing the services described herein not to exceed 90 days in any 12-
nionth period,
D. Any oversized motor vehicle which is parked for not more than f0Ur consecutive hours
to make cinemenc%, repairs to such vehicle, 'INothln« herein shall be construed to permit
Violation ol'anv restriction on vehicle repair elsewhere in the Huntington Beach Municipal
Code.
E. Any non-motorized Vehicle. Such as a semitrailer. recreational vehicle trailer,
watercraft trailer, trailer, trailer coach, utility trailer. motorcycle trailer, two or more axle
camper. or a one-axle camper which has been detached from its drav,-Ing vehicle parked for
a period not to exceed IbUr hours on any pLIb1IC street or alle,''. Successive acts of parkinu
within a two-tenths of'a mile area shall be presumed to be a single act of parking for
purposes ot-this chapter.
F, Any recreational vehicle, as defined in Section 10.44.060(F). motorized or attached to
its drawing vehicle. parked in reasonable proximit-v to a park betvveen the hours of 6:00 a.m.
and 9:00 p.m.
G. Oversized vehicles and/or recreational vehicle,, as defined in Section 10,44.060 Parked
upon any public street or highw'ay in aCO1'llInCFCi3l or industrial district between the hours
of 6:00 a.m. and 9:00 p.m. (193-5-1 1/74, 2115-11/76, 25 14-12/811. 2855-12/86. 3699-041/05.
3735-5'06. 3742-8106. 4028-8/14)
1039
10.44.070 Arterial Highway Oversize Vehicle Parking Regulations
A. Except as provided in subsections B and C of this section, no person shall park or leave
standing, upon any arterial highway between the hours of'9-.00 p,tri. and 6:00 a.m.. or for
longer than two hotirs at any other time, any i-notor-vehicle over 84 Inches high, measured
from the sLirfacc ol'the roadwav to its highest point. or over 84 inches xvide. measured from
its widest point., excluding, side-view mirrors or similar extensions on any of the fiollov,'mo
hWhwa,vs in the City of Huntinuton Beach:
Adams AVC11LIC Edinger Avenue McFadden Avenue
Algonquin Street I &vard-s Street Newland Street
AT-L,osN AVC]ILle t-I'llis AWTILle Pacific Coast Highv,-av
Atlanta .Avenue Garfield :Avenue Seventeenth Street
Bannim1 Avenue Goldenwest Street Slater Avenue
Beach Boulevard Gothard Street Springdale Street
l3ols',a Avenue Graham Street Talbert ANTFILle
Bolsa China Street Hamilton Avenue Ward Street
Brook-hunst Street I lell -Avenue Warner .Avenue
Btishard Street Indianapolis AV-011110 Yorktow-ri Avenue
Center Avenue klai,-riolia Street s�
IND
B. In case of emeroency, oversize vehicles shall be removed immediately if bet%veen the
=4 -
hours ol-9:00 p.m. and 6:00 a.m.. otherwise they may park on the highways listed in this
that such vehicles shall be remove 1 10
section pro%-1 I d within four hours. Emergency parking
is deflned to mean an%- vehicle left standing at the roadside because of mechanical
brcakdow'n or because of dri%lcr*s physical incapacity to proceed.
C. Noffi\vIthstanding the prohibition contained in this section. wherever high\,tiav
rriarkIn,L,s clearly indicate legal on-strect parking in front of residential property facing ally
arterial h"Lhv,-a-,- set out in sub,ection A ofthis -section. an oversized vehicle mav, park or
s I I I
stand in front of such residential property for not more than eight consecutive hours to load
or unload passengers or propert%, or to ftirnish commercial services or repairs to the
premises. (2 177--5/77, 2644-1-2/83. —7692-71,84, 2795-10/85. 2855-12/86, 30 11-9/89. 3336-
12/96)
1040
10/1/2018
tl��hNcTpSB � � _�•.� -
c
Oversized Vehicles
Ordinance 4155 — Amend HBMC 10.44
Robert Handy,Chief of Police
.. 1& '
impPEDESTRIAN
VEHICLE SAFETY
Y �
EMENTAL
COMMUNICATION
Apnde rom No..• 2.7)
1
10/1/2018
RV PERMIT`
REQUIRED
ALL RV'S MUST HAVE A
PERMIT TO PARK ON ANY
PUBLIC STREET,OR
HIGHWAY
PERMIT
PARKING
ONLY
OVERSIZED
VEHICLE
co
EXCESS OF
0
n 22 FEET LONG (25
for NON Motorized)
OR
«� 22 Feet 84 INCHES WIDE
(HBMC 10.44.060-Amend)
2
10/1/2018
_ II
PERMIT REQUIRED
(HBMC 10.44.065 D&E- )
A RESIDENT
ONLY permit
based system
Will allow ample
time for residents
to load / unload,
and prepare RV
for trip
(HBMC 10.44,065D&E-
3
�II�
10/1/2018
Permits Issued RV P E R M I T A P P ON LINE
so far in 2018 . _,... ._ . . .
(10,929 in 2017)
(160,444 since 2005) �_ N
For
Residents allowed: �
3 days at a time
12 days a month o
144 days per year
Penalty Increase ,
for recurring !r
violators
1st - $82 _..
2nd - $164
3rd - $246
Garden Grove $108,$208,$508
Costa Mesa $150, $300, $500
Fullerton $100, $200, $500
Anaheim In progress
Newport Beach In progress
4
10/1/2018
+` t
v .
Reasonable Proximity to a Park_
_
(HBMC-10.44.060 F- )
PARKING EPAUKING
ON CITY
BETWEEN STREETS IF
9PM & YOU HAVE
7
6AM AN
EMERGENCY
ARTERIAL
HIGHWAY HBMC 10.44.070-
EXCEPTION
5
10/1/2018
• 10.44.060 A - Remove 25 feet in
Additiona length
Chan eS , • 10.44.060 A - Add language
requiring all "unattached" trailers
„y to have a permit.
(to be added if • 10.44.065 D - Remove term
approve "Recreational Vehicles
s
6
Work Order: #120575 09/30/2018 10//01201
This issue is resolved Est. Resolution Date: Not Yet Set
Agenda & Public Hearing Comments By LINDA PETERSON
Email LPetersonb002@socal.r
r.com
SUB TYPE
Phone 714-847-4570
City Council Meeting
Device
STREET ADDRESS
Media Submitted
None
•
COMMENTS&ADDITIONAL NOTES
Proposal to amend the FIB municipal code to impose HEIGHT limits on small motorhomes in
our city.I just reported on this issue a few minutes ago;but,when I clicked on"submit"
everything disappeared so I will try again.We are 46 year retired residents of HB.We have
had small motorhomes since 1978.The one we have now fits handily in any parking space in
the city.We use it as our primary vehicle to park in Central Park and at our beaches to go for
walks and to go to our grandchildren's soccer games.Now Police Chief Handy wants to fine us
$82/$164/$246...every time he catches us going about our long time normal activities?!This
vehicle is well within the current length and width requirements and the ones proposed.A
HEIGHT limit is totally unnecessary and,for us,is just plain mean.We were horrified reading
about this proposed code change in Sunday's Daily Pilot.I hope every member of our Council
will vote to make sure this proposed height limit for small motorhomes does not get into the
code.A reply to our email(LPeterson002@socal.rr.com)or to our phone(714-847-4570)would
really be appreciated so we can be certain that the council members received our comment.
Status Changed: 10/01/2018 7:58 AM Gloria Harper
The status of issue#120575 has changed from new to resolved.
Share with Citizen:YES
SUPPLEMENTAL
Notes Added:10/01/2018 7:58 AM Gloria Harper COMMUNICATION
• Thank you for your agenda comment.It will be included in today's Supplemental Communications for /Agenda Item*19(18-337)for the 10/01/2018 City Council Meeting Meeting Date: /O [ -(/ob
Agenda nefl,No.: 19 ( l 3 31)
Share with Citizen:YES
i
I
•
Work Order: #120713 1 Opened:18 10/01201
8
resolvedThis issue is Est. Resolution Date: Not Yet Set
Agenda & Public Hearing Comments By Gina B
Email gborchers@hotmad.co
In
SUB TYPE
Phone
City Council Meeting
Device
STREET ADDRESS
Media Submitted
❑x None
COMMENTS&ADDITIONAL NOTES
The police chief will be using a PowerPoint this evening to make the argument that RVs should
be prohibited from parking.However,the image that he's showing in the PowerPoint is not of a
22 ft long,84 in tall,small,motor home.In fact,it is the image of a 36-foot long class A diesel
pusher RV.Please don't be swayed by this false information.Read the attached document
showing where the police Chiefs image came from.Many of us use small,under 22 foot,
motorhomes that fit in driveways and are used for everyday errands.Please,please don't fall
for fake news.Read the facts before you make up your mind.
Status Changed:10/01/2018 2:04 PM Gloria Harper
The status of issue#120713 has changed from new to resolved.
Thank you for your agenda comment.It be included in today's(10101/2018)Supplemental
Communications for Agenda Item#19(18-337)regarding Oversized Vehicles.
Share with Citizen:YES
SUPPLEMENTAL
COMMUNICATION
Meeung Date:___,_. �0— � .11E
Agenda Item
No.:-- 33
Work Order: #124163 110/23/2018 0/24201
8
This issue is resolved Est. Resolution Date: Not Yet SO
Agenda & Public Hearing Comments By Ken Vu
Email cyclingkv@yahoo.com
SUB TYPE Phone
City Council Meeting Device
STREET ADDRESS
Media Submitted
None
0
COMMENTS&ADDITIONAL NOTES
Support for Ordinance Restricting RV Parking near Parks.My neighbor recently told me that
the City Council is considering a new ordinance to further restrict RV parking near parks.I live
near Greer Park(duck pond near McFadden&Goldenwesy and every week there are 2 large
RVs parked next to the park all days long.The large RVs took up parking spaces for other
visitors,create a traffic safety problem because they block drivers'view and the RV residents
often left trash behind.My neighbors and I would like the City to deny all future parking
permits to RVs near parks.We are encouraged with the directions this City Council is taking
forward to this issue and we think the Council members are also do a good job of preventing
homelessness in public spaces.Because you support these issues,I think the 4 council
members running for reelection in Nov will get lots of votes.Thank you.
Status Changed:10/24/2018 12:18 PM Gloria Harper
The status of issue#124163 has changed from assigned to resolved.
Thank you for your email in support of Agenda Item#26,File#18-415 that was on the October 15,2018
City Council Agenda.Motion by Peterson,seconded by Posey to:Adopt Ordinance No.4155,"An
Ordinance of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal
Code Relating to Parking Time Limits."This item was approved 7-0
Share with Citizen:YES
Assigned Worker:10124l2018 12:18 PM Gloria Harper
Workorder#124163 has been assigned to Gloria Harper.
Share with Citizen:NO
Status Changed:10123/2018 4:35 PM Johanna Dombo
The status of issue#124163 has changed from new to assigned.
Share with Citizen:YES
Issue Type/Subtype Changed:10/23/2018 4:35 PM Johanna Domho
Workorder#124163 Issue type changed from City Council to Agenda&Public Hearing Comments and
subtype 3391.
Share with Citizen:NO
Work Order: #124164 °a;2;/201B 10/2;201
8
Agenda & Public Hearing Comments By Kary To
Email tokary99@gmail.com
SUB TYPE Phone
City Council Meeting Device
STREET ADDRESS
Media Submitted
None
❑x
COMMENTS&ADDITIONAL NOTES
As a resident of Huntington Beach,I want to voice my support for the City's proposed
ordinance to further restrict RV parking in parks
Status Changed:10/24/2018 12:16 PM Gloria Harper
The status of issue#124164 has changed from assigned to resolved.
T hank you for your email in support of Agenda Item#26,File#18-415 that was on the October 15,2018
City Council Agenda.Motion by Peterson,seconded by Posey to:Adopt Ordinance No.4155,"An
Ordinance of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal
Code Relating to Parking Time Limits."This item was approved 7-0
Share with Citizen:YES
Assigned Worker:1004/2018 11:45 AM Gloria Harper
Workorder#124164 has been assigned to Gloria Harper.
Share with Citizen:NO
Status Changed:10/23/2018 4:34 PM Johanna Dombo
The status of issue#124164 has changed from new to assigned.
Share with Citizen:YES
Issue Type/Subtype Changed:10232018 4:34 PM Johanna Domho
Workorder#124164 Issue type changed from City Council to Agenda&Public Hearing Comments and
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LEGAL AID >. ..�
SOCIETY OF . 1
O R A N G E & C O U N T Y
COMMUNITY LEGAL SERVICES
OF SOUTHEAST LOS ANGELES COUNTY
November 13,2018
Mayor Mike Posey
Mayor Pro Tem Erik Peterson
Council Member Jill Hardy
Council Member Lyn Semeta
Council Member Patrick Brenden
Council Member Barbara Delgleize
Council Member Billy O'Connell
City Hall Council Chambers
2000 Main Street, Fourth Floor ��,b '1/Sr
Huntington Beach, California 92648 "P7ft /o1/S-1io/1'
RE: Enforcement of HBMC § 10.44.060 Against Homeless Residents
Dear Mayor Posey, Mayor Pro Tern Peterson, and Councilmembers:
We submit this letter on behalf of our clients, a homeless resident of the City of
Huntington Beach ("City") and a non-profit organization advocating on behalf of low-income
Orange County residents. Our clients are extremely concerned with the potential repercussions
Huntington Beach Municipal Code("HBMC") § 10.44.060 will have on homeless individuals
relying on their Recreational Vehicle("RV") as housing of last resort in the City.
On October 15,2018,the City approved amendments to HBMC § 10.44.060(the
"Ordinance")and revised the fines imposed for violations of the Ordinance. RVs"of any size"
are now prohibited from parking on public streets, whereas previously this prohibition only
applied to RVs over 20 feet long. A penalty increase for recurring violators was also codified
under HBMC § 10.44.050, establishing a fee of$162 for the second violation and $246 for the
third and each subsequent violation. This is a significant rise from the$82 fine that formerly
applied to all incidents.
The Ordinance, as amended, will disproportionately burden extremely low-income
individuals like our client,who, because they cannot afford to pay market rent, are forced to live
in their RVs as a last resort. Further, in our experience, a large proportion of this population
experience disabilities that make their RVs the only medically appropriate living accommodation
available to them. These individuals can barely cover basic necessities, much less mounting fines
attached to citations under the Ordinance, and the Ordinance will therefore disproportionately
impact this vulnerable population. City Council members were aware of the exclusionary effect
LS' F-EgWJ,-c< 2101 North Tustin Avenue,Santa Ana,CA 92705
(714)571-5200 1(714)571-5270 fax I www.legal-aid.com
November 13,2018
Page 2 of 2
the Ordinance would have on this population when they voted to amend the Ordinance, with one
councilmember expressing concern that Huntington Beach might get a reputation as being
"unfriendly toward RV people."HBMC § 10.44.065 suggests that residents who live in their
RVs or other vehicle will be an enforcement target, stating that"nothing in this chapter shall be
construed to permit sleeping in a vehicle."
Our client is unable to pay the fines associated with enforcement of the Ordinance, and
would therefore likely lose her RV if the Ordinance is enforced. The consequences of losing her
RV would be devastating because she would face unsheltered street homelessness without it,
putting her health and safety in immediate danger.
Accordingly, we request that the City refrain from ticketing RVs owned or used by
homeless individuals and to postpone enforcement of the Ordinance,which we understand will
commence on November 14, 2018. Postponed enforcement is necessary to provide the City
Council additional time to consider the impacts of the Ordinance on individuals who rely on their
RVs as the only available and affordable source of housing within the City. To this end, our
client requests that the City Council consider reasonable solutions that will protect the only
shelter available to her, such as not imposing civil penalties for violations of the Ordinance by
homeless residents; amending the Ordinance to provide an exemption for homeless RV residents;
make available parking permits for homeless RV residents; designate parking lots that permit the
parking of vehicles used as shelter; or any other reasonable options that will allow homeless RV
residents to stay sheltered in permanent,medically appropriate, and accessible housing.
Given that the City will begin enforcing the Ordinance on November 14, 2018,the harm
our homeless client and other homeless RV residents face is imminent. We ask that the City
refrain from taking any further steps towards enforcement,and to do additional outreach with
vulnerable Huntington Beach residents,who will be adversely affected by this Ordinance. Legal
Aid Society of Orange County would welcome a meeting with representatives from the City to
discuss solutions that would not further harm residents of Huntington Beach.
Sincerely,
/-I;Iz Z-
Michelle Kim Kotval
Sarah J.Gregory
Lili V.Graham