HomeMy WebLinkAboutResolution No. 2007-86 Approving Certification of Special As Council/Agency Meeting Held: oZ �-
Deferred/Continued to:
gAp oved ❑ Conditionall Approved ❑ Denied C y e s Vure
Council Meeting Date: 12/17/2007 Department ID Number: CA-07-30
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Shari Freidenrich, City Treasumrqe
Ross Cranmer, Director of Building & Safety
Jennifer McGrath, City Attorney
PREPARED BY: Jennifer McGrath, City Attorney
SUBJECT: Approve Certification of Special Assessment for Delinquent Civil Fines
for Municipal Code Violations— Administrative Hearing
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the City record notice of special assessments against private
property for the value of unpaid civil fines, plus interest and penalties, pursuant to Ordinance
.#3397 adopted by City Council on June 15, 1998?
Funding Source: No funds are required
Recommended Action: Motion to adopt Resolution No. 2007-86 entitled "A Resolution
of the City Council of the City of Huntington Beach certifying Special Assessments for
Collection of Delinquent Civil Fines for Municipal Code Violations."
Alternative Action(s): Do not adopt Resolution No. 2007-86
Analysis: In June 1998, City Council adopted Huntington Beach Municipal Code Chapter
1.18, authorizing the issuance of administrative citations that impose civil fines for violation of
the Municipal Code of the City of Huntington Beach. Pursuant to section 1.18.150'of the
Municipal Code, the City may certify certain fines, interest, and penalties as delinquent and
have them collected as special assessments against the real property involved.
Assessments are limited to property related violations wherein the fines exceed $250.00
cumulatively and are sixty days past due. In addition, all hearing or appeal rights of the cited
persons have been exhausted.
At this time, certain administrative citations have been issued on the following property for
housing, building, zoning, nuisance and/or health and safety violations:
Res. No. 2007-86
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on December 17, 2007 by the following vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio
NOES: None
ABSENT: None
ABSTAIN: None
Clerk and ex-offici Clerk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT NO . 2
Attachment 2
Notification and communication to property owners prior to lien placement:
■ Initial notification of outstanding violations are made to property owners by personal
contact, sending a notice of violation or letter via first class mail, b; posting a notice on
the front door to the property, or combinations of all of these.
■ Notification includes an explanation of the violation, describes the required action to
bring the property into compliance, provides a time frame for compliance to be achieved,
and states the consequences of non-compliance (i.e. possible civil citations, re-inspection
fees, and or prosecution).
® If compliance is not achieved within the time frame of the initial notification, typically a
final notice is issued, allowing a small, additional amount of time to bring the property
into compliance. This notice again describes the required action to bring the property into
compliance, provides a time frame for compliance to be achieved, and states the
consequences of non-compliance.
® If after the issuance of the final notice compliance has not been achieved, citations may
be issued. All citations are sent to the property owner on record with the Orange County
Recorder's Office, and are mailed via certified mail to the mailing address on record with
the Recorder's Office. Citation forms describe the code or ordinance that was observed to
be in violation, the amount of the fine imposed for the violation, and describes in detail
the process for appealing and or paying the citation. The citation also informs the
property owner again that failure to comply may result in the issuance of additional
citations, re-inspection fees, and or prosecution. In addition, the citation contains
language notifying property owners that non-payment of the citation may result in the
placement of a lien on their property.
® Once a citation has been issued, staff will typically suspend action on the case for 30
days, allowing the property owner the opportunity to appeal the citation. This also allows
for the possible return of the citation due to incorrect ownership information or the
certified mail being unclaimed by the addressee/property owner.
® If the citation is returned, staff will confirm the address information for the property
owner. If new contact information is found, staff will start the process over with the
issuance of a new notice of violation. If the initial contact information is found to be
correct, staff will send the citation to the property owner via first class mail, and will
again suspend action on the case for 30 days, allowing the opportunity for appeal.
® If after 30 days no appeal has been received, or an appeal was received and the citation
upheld, and no payment has been received, the City Treasurer's Office assigns the case to
accounts receivable to attempt to collect the outstanding fines and fees. Account
statements are sent out on a monthly basis, informing the property owner of the amount
due, why the amount is due, and the consequences for not remitting the amount due (i.e.
accrual of interest and late fees, and possible placement of a lien).
■ After a period of at least 90 days to 6 months or more of not receiving payment, the City
Treasurer's Office will submit the property for consideration for placement of a lien. A
final notice is sent out to the property owner advising that if payment is not received by a
certain date, a public hearing will be held to consider placing a lien on the property.
■ if no payment has been received after the period indicated in the final notice, a list of
properties being considered for lien is developed and distributed to the various
departments who were responsible for the initial issuance of the citation. Each
department reviews the corresponding case file, information, or supporting materials for
each property to ensure that proper notifications had been made throughout the process
and that the originally issued citation was issued correctly and to the person responsible
for the property.
■ Once the list has been checked by staff, the City Clerk's Office sends notice to the
property owner advising of the date and time of the public hearing for the placement of
the lien.
® At the public hearing, property owners are given the opportunity to address the council
regarding the placement of the lien and the Council may take their comments into
consideration when deciding to place a lien on the property.
RCA ROUTING HEFT
INITIATING DEPARTMENT: City Attorney
SUBJECT: Special Assessment for
Collecting Delinquent Civil Fines
COUNCIL MEETING DATE: December 17, 2007
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft.if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Ap licable ❑
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Attached ❑
Contract/Agreement (w/exhibits if applicable) Not Applicable
(Signed in full by the City Attorney)
Attached ❑
Subleases, Third Party Agreements, etc. Not Applicable
(Approved as to form by City Attorney)
Certificates of Insurance (Approved b the City Attome Attached ❑
( Pp Y Y Y) Not Applicable
Attached ❑
Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Attached ❑Not Applicable
Attached ❑
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report If applicable) Attached C7
p ( pp ) Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
-Administrative Staff )
Assistant City Administrator (Initial) )
City.Administrator Initial
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
- For
-= s PCB / +
RCA Author: admin/RCAllorbeer
j
Law Office 0f Antonio A® C to
Tel: (714) 547-7107 2107 N.Broadway, Suite 102
Fax: ,(714) 558-9721 Santa Ana, CA 92706-2633 E ail: tony@coWawxorii
j
November°2,2007
Sent via U.S. Mail and Facsimile to: (714) 374-1590
j Jennifer McGrath
I Huntington Beach City Attorney
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
Re: Lorbeer Enterprises, Cite Nos. B1364486,BD62793, B 64619.'etc.
Request for Continuance of A"inistrative Hearing
Dear Ms. McGrath:
As you may recall,this matter was previously continued to the me ing on December
' 17, 2007 to permit time for Lorbeer Enterprises(to work with the City t 'ward an amicable
resolution of the above matter pertaining to the.,'Warner Avenue grope
Mr. Ohl has no doubt informed you;that we have spent the time me .ting, viewing the
property,and working out an agreement in principle which will resole the issue until
Lorbeer Enterprises obtains the appropriate permissions from the City 1 o,demolish all
current structures on the
property.
There appears to be only one relatively minor issue remaining to b agreed before we
can,begin drafting a formal settlement agreement resolve this matter. I 'ght noW' , we are
awaiting some additional information concerning the City's position w th�espeet to the
as yet to be agreed issue, which answeriwe expect shortly. I have reasn to expect that
shortly thereafter we can come to an understanding, draft;the appropria e'agreement, and
distribute it to the City Council for review and/or approval prior to the lanuary City
Council meeting. I
i
For the above reasons, we respectfully request that the City agree t table this matter
I
until the January meeting, at which time we expect'this matter to be res Aved.
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REQUEST FOR ACTH
MEETING DATE: 12/17/2007 DEPARTMENT ID NUMBER:CA-07-30
NAME PROPERTY ADDRESS DEPARTMENT/Violations
Lorbeer Enterprises 4935, 4937, 4941, 4955 Bldg/permits required
Warner
For each of the properties being considered for placement of a lien, staff has verified that the
owners have received proper notification of the violations, citations, notification of the
outstanding fines and fees due, and of the potential for placement of a lien on their property
for non-payment of the outstanding fines and fee. Property owners have also received.
invoices for the outstanding fines and fees and provided the opportunity to make payment
arrangements. Staff ensures this notification by adhering to the procedures outlined in
Attachment 2, titled, "Notification and communication to property owners prior to lien
placement.,,
The civil fines identified on Exhibit A to this Resolution have not been paid. The fine amounts
would be levied against the properties, non-payment of which would incur penalties and
would appear as an exception to the title on a title report at the time of transfer of the
property. In addition, the fines will be reported to the County Tax Assessor for inclusion on
the property tax bills.
Although not required by Chapter 1.18, all the property owners identified above received
preliminary written notice from the City Attorney's Office regarding the intention to file a lien
on the property for non-payment of civil citation(s).
An administrative hearing is required by the Huntington Beach Municipal Code Chapter 1.18.
Only property owners are entitled to speak at the administrative hearing. All other interested
parties may speak at the regular public comment portion of the meeting.
Strategic Plan Goal: Preserve the quality of our neighborhoods, ,maintain open space, and
provide for the preservation of historic neighborhoods.
Environmental Status: N/A
Attachment(s):
spn
1. Resolution No. 2nn7-8E; entitled "A Resolution.of the City Council
of the City of Huntington Beach certifying Special Assessments for
Collection Delinquent Civil Fines for Municipal Code Violations."
2. Notification and communication to property owners prior to lien
placement
G:\ATTYMISC\Administrative Citation\RCA\lorbeer.doc -2- 11/7/2007 2:25 PM
(8) December 17, 2007 - Council/Agency Agenda - Page 8
ALL INTERESTED PERSONS are invited to attend the hearing and express their opinions regarding the
extension of these time limitations. Direct your written comments to the City Clerk prior to the date and time set
for the hearing. For further information, call the Department of Economic Development at(714) 536-5224.
Staff report
City Council discussion
® Open public hearing
® Following public input, close public hearing
Recommended Action: Motion to:
Approve for Introduction Ordinance No. 3796, "An Ordinance of the City Council of the City of
Huntington Beach, California, Amending the Redevelopment Plan for the Huntington Beach
Project(or also known as Merged Project) Area Extending the Plan Effectiveness Deadline,
Repayment of Indebtedness Deadline and Tax Increment Receipt Deadline Pursuant to SB
1096."
Approved 7-0
ADMINISTRATIVE PUBLIC HEARING
D-4 is an Administrative Public Hearing `and is required by Huntington Beach%Municipal
Code .Section ,1 1.18 ' ONLY�affected ,;property owners are .'entitled to speak at,;this
adnimistrative ,hearirg ;x Anyone wishing to speak is requested to :complete the!
attached pmk form and give it to the;Sergeant ,at Arms IQcated. near`the Speaker's'
Podium ',Al'other}interested=.parties may speak during the regular;Public Comments
w.
secti6ri of the'agendaat the beginning,of,the meeting`
CD-4. (City Council) Administrative Public Hearing to Consider Adoption of Resolution
. 2007-86 Approving Certification of Special Assessments for Collection of Delinquent
il Fines for Municipal Code Violations (Lorbeer Enterprises)
ferred from the November 5, 2007 City Council meeting
Communication from the City Attorney transmitting the following
Statement of Issue:
Should the City record notice of special assessments against private property for the value of
unpaid civil fines, plus interest and penalties, pursuant to Ordinance No. 3397 adopted by City
Council on June 15, 1998?
Staff report
City Council discussion
® Open public hearing
® Following input from affected property owners only, close administrative
hearing (The general public may speak during Public Comments)
Recommended Action: Motion to:
Adopt Resolution No. 2007-86, "A Resolution of the City Council of the City of
Huntington Beach Certifying Special Assessments for Collecting Delinquent Civil Fines
for Municipal Code Violations."
(9) December 17, 2007 - Council/Agency Agenda - Page 9
Approved 7-0, by substitute motion, "if settlement is not reached by 114108, staff will
Approved
_0' substitute
against
Lori )p�
file a lien against the Lorbeer property."
CONSENTD CAL E N Ak
NI M,aft I er&-,,Iist I ed .on the Consent Calendar*,'al re.consfd6red_ bY_ `_',`t_he Cify'iCouncil and;
Redevelopment t— :and
eveloomentA) -,Ao be routine an will be enacted bmotion'In'the fofrif
listed:
Recommended Action:-Approve all items on,°f1i6Cons6ntI -aldridarby.-aifirrh4tive r""011-call v6te..,."`I,
E-1. (City Council/Redevelopment Agency) Approve Minutes— Motion to: Approve and
adopt the minutes of the City Council/Redevelopment Agency Special Meeting of November 30,
2007 and the City Council/Redevelopment Agency Regular Meeting of December 3, 2007 as
written and on file in the Office of the City Clerk. Submitted by the City Clerk.
Approved 7-0
E-2. (City Council) Approve the Historic Resources Board Appointments of Nuanna
Robinson, Barbara Haynes and Randy Smith; the Reappointments of Arlene Howard, Diane
Ryan, Roz Essner, Marilyn Harris, and Joe Santiago; and, Extend the Terms of Billie
Kennedy and Debra Watkins as Recommended by Council Liaisons, Councilmember
Carchio and Councilmember Hardy— Motion to: 1)Approve the appointment of Nuanna
Robinson for a term to expire June 30, 2009 to fill the term expiration of Pauline Chavez-Bent as
recommended by Council liaisons Carchio and Hardy; 2)Approve the re-appointment of Arlene
Howard for a term to expire June 30, 2009 as recommended by Council liaisons Carchio and
Hardy; 3) Extend the terms of Billie Kennedy and Debra Watkins from June 30, 2008 to June 30,
2009 in order to comply with the term durations specified in Chapter 2.100.080.of the City's
Municipal Code, Operating Policy for Boards and Commissions; 4)Approve the appointment of
Barbara Haynes for a term to expire June 30, 2011 to fill the term expiration of Henry Goldman as
recommended by Council liaisons Carchio and Hardy; 5)Approve the appointment of Randy
Smith for a term to expire June 30, 2011 to fill the term expiration of Cindy Morgan as .
recommended by Council liaisons Carchio and Hardy; and, 6)Approve the re-appointments of
Diane Ryan, Roz Essner, Marilyn Harris, and Joe Santiago with terms to expire June 30, 2011 as
recommended by Council liaisons Councilmembers Carchio and Hardy. Submitted by the
Director of Community Services. Funding Source: Not applicable.
Approved 7-0
E-3. (City Council) Approve the Allied Arts Board Appointment of Catherine Stip; the Re-
Appointment of Anita Brace and Jeanette Mueller; and, Extend the Terms of Bob Daley,
Starlyn Frischmuth, and Diana Lo Schiavo, as Recommended by Council Liaisons, Mayor
Cook, and Councilmembers Hansen and Green — Motion to: 1)Approve the appointment of
Catherine Stip to the Allied Arts Board for a term to expire June 30, 2011 to fill the term expiration
of Evelyn Eng as recommended by Council liaisons Mayor Cook and Councilmembers Hansen
and Green; 2)Approve the re-appointment of Anita Brace and Jeanette Mueller for a term to
expire June 30, 2011 as recommended by Council liaisons Mayor Cook, and Councilmembers
Hansen and Green; and, 3) Extend the term of Bob Daley from June 30, 2010 to June 30, 2011
and the terms of Starlyn Frischmuth and Diana Lo Schiavo from June 30, 2008 to June 30, 2009 in
order to comply with the term durations specified in Chapter 2.100.080 of the City's Municipal
ATTACHMENT NO . 1
RESOLUTION NO. 2007-86
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH CERTIFYING
SPECIAL ASSESSMENTS FOR COLLECTING DELINQUENT
CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS
WHEREAS, the City Council has adopted Huntington Beach Municipal Code 1.18 which
authorizes the issuance of administrative citations that impose civil fines upon persons who
violate the Municipal Code of the City of Huntington Beach; and
WHEREAS, certain administrative citations have been issued and the civil fines imposed
thereby have not been paid by the responsible persons who committed the Municipal Code
violations; and
WHEREAS, section 1.18.150 of the Municipal Code provides that certain delinquent
fines, interest and penalties may be collected as part of the nuisance abatement procedures
authorized by Government Code section 38773.5; and
WHEREAS, the City Council wishes to certify certain fines, interest, and penalties as
delinquent and have them collected as special assessments against the real property involved,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
1. The City Council held an administrative public hearing on March 19, 2007, which
was properly noticed as required by Government Code section 38773.5, for the purpose of
certifying special assessments against properties where public nuisances have occurred.
2. The special assessments designated on Exhibit A, which is attached and
incorporated herein by this reference, are hereby certified as being delinquent civil fines, interest
and penalties owing to the City of Huntington Beach and qualified for collection as special
assessments under section 1.18.150C.
3. The City Council as part of the City's nuisance abatement program orders that
these delinquent fines, interest and penalties are to be collected as special assessments against the
respective properties shown on Exhibit A pursuant to the provisions of Municipal Code section
1.18.150 and Government Code section 38773.5.
4. Pursuant to such authority, the City Treasurer is directed to take the requisite steps
for recording notice of such assessments against the respective properties in the property records
of the County of Orange and for obtaining the collection of such assessments by the Tax
Collector of the County of Orange.
Atty inisc/admin/resolution lorbeer 1
Resolution No. 2007-86
5. The City Treasurer is also authorized to take the necessary steps to have releases
filed with the County Recorder when any such special assessments have been paid.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 17th day of December , 2007.
JA e
'13ayor
REVIEWED AND APPROVED OVED AS TO FORM:
412 � 4r-�
City Administrator r City Vkttorney —
INITIATED AND APPROVER:
i
Cit Attorney CI1�0�
Atty misc/admin/resolution bishay 2
Resolution No. 2007-86
AM
ExMIBIT Aa
Atty miscladminhesdution bishay 3
CERTIFICATION OF SPECIAL ASSESSMENTS
OWING TO THE CITY OF HUNTINGTON BEACH
FOR TRANSMISSION TO COUNTY TAX COLLECTOR
Property Address Owner Dates/Fine Citation Violation APN #
Amount(s)/Total Number
(w/late fees & charges
4935 - 4955 Warner Lorbeer Enterprise 11/29/06 $500 64686 HBMC 17.02.055; UAC 309.1 178-263-07
4937 Warner Lorbeer Enterprise 11/17/06 $250 63729 HBMC 1702.030; UAC 301.1 178-263-07
1/17/07 $500 64651
4941 Warner Lorbeer Enterprise 11/17/06 $500 64619 HBMC 17.02.055; UAC 309-1 178-263-07
4955 Warner Lorbeer Enterprise 11/17/06 $500 62793 HBMC 17.02.030; UAC 301.1 178-263-07
1/17/07 $1,000 64659
1/24/07 $1,000 64665
Total $4,250
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Letter to Jennifer McGrath
Re: Lorbeer,Wm.; Request for Continuance
November 2. 2007
Page No. 2 of 2
If you, your staff, or any member of the City Council should have y questions or
concerns regarding this situation or our progress toward settlement, pl ase feel Free to
encourage them to contact me by te my at the above numbers, or o y mobile
number: (714) 290-4632.
Thank you once again for your courtesy and consideration. It is gr atly appreciated.
Very truly yours,
imow.
�Aitonio A. Cota
AAC:aac
Cc: Client;Huntington Beach City Council c/o:City Clerk
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, Groves
Law Office ®f Antonio A. Cota
Tel: (714) 547-7107 2107 N. Broadway, Suite 102
Fax: (714) 558-9721 Santa Ana, CA 92706-2633 Email: tony@cotalaw,com
November 2, 2007
Sent via U.S. Mail andFacsimlle to: (714)374-1590
Jennifer McGrath
Huntington Beach City Attorney
P.O. Box 190
2000 Main Street
Huntington Beach, CA 92648
Re., Lorbeer, Wm,; Cite Nos. BD64486, B1362793, BD64619, etc,
Request for Continuance of Administrative Hearing
Dear Ms, McGrath:
I have been retained to represent William Lorbeer with respect to the above
referenced citation matters, which I believe are related to alleged building.code
violations.
As you may know, Mr. Lorbeer received the city's"Notice of Administrative Hearing
By The City Council" scheduling a public hearing for November 5, 2007 at 6:00 p.m.to
consider a resolution regarding the certification of a special assessment to collect fines
for the above-referenced matters.
Having just been retained,I have no documents regarding the above matters, except
an accounts receivable statement and the Notice of Hearing. I am also scheduled to be in
court in Vista, and am uncertain whether I will be able to attend the public hearing.
Therefore, I write to request that the City continue the public hearing until on or around
December 5, 2007 in order to accommodate my schedule, obtain copies of the relevant
citations and investigate the matter further so that appropriate evidence may be presented,
and any issues of law be adequately addressed. Without a coatirtuance, I cannot
adequately prepare for or attend the hearing, and Mr. Lorbeer will be deprived of a
valuable right.
The continuance should therefore be granted.
I would also appreciate the opportunity to meet with you or your authorized
reprcsentative(s) during the interim to negotiate an amicable resolution of this matter.
There are several reasons an agreement can and should be reached here.
Chief among those reasons is my present understanding is that the alleged violations
were perpetrated by lessees of the property, without Mr. Lorbeer's consent and in breach
Do
- g
Letter to Jennifer McGrath
Re- Lorbeer, Wm.; Request for Continuance
November 2, 2007
Page No. 2 of 2
of their lease agreement. When Mr. Lorbeer eventually learned of the alleged violations,
he set about discussing the matter with various city officials so he could cure the relevant
conditions.
Mr. Lorbeer certainly understands the City's strong desire to bring the property into
compliance. He has been frustrated,however,that City officials are taking what appear
to be legally inconsistent positions by both demanding that he cure the condition whale
simultaneously requesting permits to do the curative work, effectively tying his hands.
This situation has not been conducive to a resolution of the issues. He would very much
appreciate the opportunity for us to meet with you to negotiate a fair and appropriate
resolution.
Additionally, the City should by now be aware that.Walgreens has signed a lettcx of
intent related to a ground lease of the property, and has submitted to the City a proposal
and request for permission to demolish the structures on the property and to replace there
with a new structure. The new structure will conform with existing Huntington Beach
Municipal Codes (except for such variances as may be allowed by the City), provide jobs
for residents, and generate significant tax revenue for the City. It would therefore be
mutually beneficial to resolve the situation quickly.
I would appreciate it if you, or someone in your office with,authority,would contact
me to discuss this matter further. Because of the shortness of time, I invite you to contact
me, at your earliest convenience,on my mobile number at(714)290-4632. You are more
than welcome to contact me outside of regular business hours. Finally, so as to avoid
"sandbagging" any o.f. the Council members with Mr. Lorbeer's request to continue or
reschedule the public hearing as it relates to these issues, I would appreciate it if you
would inform them of this request, or forward copies of this letter if you deem it
expedient to do so.
Thank you for your anticipated cooperation and assistance in this matter.
Very truly yours,
Antonio A. Cota
AAC:aac
(8) November 5, 2007 -Council/Agency Agenda - Page 8
(City Council) Administrative Public Hearing to Consider Adoption of Resolution No.
2007-74 Approving_Certification of Special Assessments for Collection of Delinquent Civil
Fines for f�unicipal'Gode`Violations
Communication from the City Attorney transmitting the following
Statement of Issue:
NOTICE IS HEREBY GIVEN that an Administrative Public Hearing will be held by the City
Council of the City of Huntington Beach in the City Council Chambers, 2000 Main Street,
Huntington Beach, California, 92648 at the hour of 6:00 p.m. or as soon thereafter as possible,
on November 5, 2007 to consider the adoption of proposed Resolution entitled "A Resolution
of the City Council of the City of Huntington Beach Certifying Special Assessment for
Collecting Delinquent Civil Fines for Municipal Code Violations."
A copy of the proposed Resolution is on file in the City Clerk's Office, 2000 Main Street,
Huntington Beach 92648, for inspection by the public on November 1, 2007.
An administrative hearing is required by the Huntington Beach Municipal Code 1.18. Only
property owners are entitled to speak at an administrative hearing. All other interested parties
may speak at regular public comment at beginning of the meeting. Written communications to
the City Council may also be mailed to the City Clerk.
The public hearing is held pursuant to California Government Code Section 38773.5 and
Huntington Beach Municipal Code 1.18.150.
■ Staff report
■ City Council discussion
® Open administrative hearing
• Following input from affected property owners only, close administrative
hearing (The general public may speak during Public Comments)
Recommended Action: Motion to:
Adopt Resolution No. 2007-74, "A Resolution of the City Council of the City of Huntington Beach
Certifying Special Assessments for Collecting Delinquent Civil Fines for Municipal Code Violations."
Amended,to except assess-men-ts for,'Lorbeer Enterprises whichvhave tieen-deferred to;
7 meetin -for action.
City Clerk Flynn announced`late communication
1 speaker
Approved 6-0-1 (Cook out of room)
E. CONSENT CALENDAR
All matters listed on the.Consent Calendar are considered by the. City Gouneil and
Redevelopment Agency to be routine and will be enacted by one motion in the form'listed.
Recommended.Action: Approve all items on the.Consent'Calendar by affirmative roll call
vote.
I}
Council/Agency Meeting Held: & o;OD Z-
Deferred/Continued to:
).A proV d ❑ C nditionall Approve ❑ Denied "'S�City erk's ignat
o�
Council Meeting Date: November 5, 2007 Department IV Number: CA-07-27
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Shari Freidenrich, City Treasu�.
Scott Hess, Dir r of Plannin� "��'
Jennifer McGra ity Attorney
PREPARED BY: Jennifer McGrat ity Attorney
SUBJECT: Approve Certification of Special Assessments for Delinquent Civil
Fines for Municipal Code Violations— Administrative Hearing
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: Should the. City record notice of special assessments against private
property for the value of unpaid civil fines, plus interest and penalties, pursuant to Ordinance
#3397 adopted by City Council on June 15, 1998?
Funding Source: No funds are required
Recommended Action: Motion to adopt Resolution No. 2007-74 entitled "A Resolution
of the City Council of the City of Huntington Beach certifying Special Assessments for
Collection of Delinquent Civil Fines for Municipal Code Violations."
Alternative Action(s): Do not adopt Resolution No. 2007-74
Analysis: In June 1998, City Council adopted Huntington Beach Municipal Code Chapter
1.18, authorizing the issuance of administrative citations that impose civil fines for violation of
the Municipal Code of the City of Huntington Beach. Pursuant to section 1.18.150 of the
Municipal Code, the City may certify certain fines, interest, and penalties as delinquent and
have them collected as special assessments against the real property involved.
Assessments are limited to property related violations wherein. the fines exceed $250.00
cumulatively and are sixty days past due. In addition, all hearing or appeal rights of the cited
persons have been exhausted.
At this time, certain administrative citations have been issued on the following property for
housing, building, zoning, nuisance and/or health and safety violations:
REQUEST FOR ACTION
MEETING DATE: November 5, 2007 DEPARTMENT ID NUMBER:CA-07-27
NAME PROPERTY ADDRESS DEPARTMENT/Violations
Cherise Dunham 9521 Bay Meadow Drive Planning/ Nuisance-maintenance
Bennett
Dennis Blanchard' 14872 Trojan Circle Planning/ Nuisance—inoperable
vehicles
Brookshire LLC 17941 Brookshire Bldg/permits required
CKR Resource 5375 Industrial #103 Bldg/permits required
Crown Investment 5482 Oceanus, #B Bldg/permits required
John R. DeHaan 897 Delaware Planning/Nuisance— inoperable
vehicles
Ruben Garcia 17412 Whetmore Lane Bldg/permits required
HB Auto 7872 Edinger Avenue Bldg/permits required
Randy Kau[ 601 8 Street Bldg/permits required
Diane Kim 47685 Beach Boulevard Bldg/ permits required
Lorbeer Enterprises 4935, 4937, 4941, 4955 Bldg/ permits required
Warner
Tony Medina 15317 Pipeline Bldg/permits required
Penelope L. Ward 16852 Bolero Lane Planning/ Nuisance-maintenance
For each of the properties being considered for placement of a lien, staff has verified that the
owners have received proper notification of the violations, citations, notification. of the
outstanding fines and fees due, and of the potential for placement of a lien on their property
for non-payment of the outstanding fines and fee. Property owners have also received
invoices for the outstanding fines and fees and provided the opportunity to make payment
arrangements. Staff ensures this notification by adhering to the procedures outlined in
Attachment 2, titled, "Notification and communication to property owners prior to lien
placement."
The civil fines identified on Exhibit A to this Resolution have not been paid. The fine amounts
would be levied against the properties, non-payment of which would incur penalties and
would appear as an exception to the title on a title report at the time of transfer of the
property. In addition, the fines will be reported to the County Tax Assessor for inclusion on
the property tax bills.
Although not required by Chapter 1 .18, all the property owners identified above received
preliminary written notice from the City Attorney's Office regarding the intention to file a lien
on the property for non-payment of civil citation(s).
G:\ATTYMISC\Administrative Citation\RCA\RCA 10-1-07.doc -2- 10/2/2007 5:02 PM
REQUEST FOR ACTION
MEETING DATE: November 5, 2007 DEPARTMENT ID NDIUIBER:CA-07-27
An administrative hearing is required by the Huntington Beach Municipal Code Chapter 1.18.
Only property owners are entitled to speak at the administrative hearing. All other interested
parties may speak at the regular public comment portion of the meeting.
Strategic Plant Goal: Preserve the quality of our neighborhoods, maintain open space, and
provide for the preservation of historic neighborhoods.
Environmental Status: N/A
Attachment(s):
Pa0 0 - o ® o
1. Resolution No. 2007-74 entitled "A Resolution of the City Council
of the City of Huntington Beach certifying Special Assessments for
Collection Delinquent Civil Fines for Municipal Code Violations."
2. Notification and communication to property owners. prior to lien
placement
G:\ATTYMISC\Administrative Citation\RCA\RCA 10-1-07.doc -3- 10/2/2007 5:02 PM
(8) November 5, 2007 - Council/Agency Agenda - Page 8
D-3. (City Council) Administrative Public Hearing to Consider Adoption of Resolution No.
2007-74 Approving Certification of Special Assessments for Collection of Delinquent Civil
Fines for Municipal Code Violations
Communication from the City Attorney transmitting the following
Statement of Issue:
NOTICE IS HEREBY GIVEN that an Administrative Public Hearing will be held by the City
Council of the City of Huntington Beach in the City Council Chambers, 2000 Main Street,
Huntington Beach, California, 92648 at the hour of 6:00 p.m. or as soon thereafter as possible,
on November 5, 2007 to consider the adoption of proposed Resolution entitled "A Resolution
of the City Council of the City of Huntington Beach Certifying Special Assessment for
Collecting Delinquent Civil Fines for Municipal Code Violations."
A copy of the proposed Resolution is on file in the City Clerk's Office, 2000 Main Street,
Huntington Beach 92648, for inspection by the public on November 1, 2007.
An administrative hearing is required by the Huntington Beach Municipal Code 1.18. Only
property owners are entitled to speak at an administrative hearing. All other interested parties
may speak at regular public comment at beginning of the meeting. Written communications to
the City Council may also be mailed to the City Clerk.
The public hearing is held pursuant to California Government Code Section 38773.5 and
Huntington Beach Municipal Code 1.18.150.
Staff report
City Council discussion
® Open administrative hearing
® Following input from affected property owners only, close administrative
hearing (The general public may speak during Public Comments)
Recommended Action: Motion to:
Adopt Resolution No. 2007-74, "A Resolution of the City Council of the City of Huntington Beach
Certifying Special Assessments for Collecting Delinquent Civil Fines for Municipal Code Violations."
Amended to except assessments for Lorbeer Enterprises which have been deferred to
12117107 meeting for action.
City Clerk Flynn announced late communication
1 speaker
Approved 6-0-1 (Cook out of room)
E. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered by= they Citthy form listed
,Council and:
Redevelopment Agency to be routine and will be enacted by one motion`ine
Recommended on Approve all items on the Consent Calendar by affirmative roll call
vote: r
ATTACHMENT NO . 1
RESOLUTION NO. 2007-74
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH CERTIFYING
SPECIAL ASSESSMENTS FOR COLLECTING DELINQUENT
CIVIL FINE FOR MUNICIPAL CODE VIOLATIONS
WHEREAS, the City Council has adopted Huntington Beach Municipal Code 1.18 which
authorizes the issuance of administrative citations that impose civil fines upon persons who
violate the Municipal Code of the City of Huntington Beach; and
WHEREAS, certain administrative citations have been issued and the civil fines imposed
thereby have not been paid by the responsible persons who committed the Municipal Code
violations; and
WHEREAS, section 1.18.150 of the Municipal Code provides that certain delinquent
fines, interest and penalties may be collected as part of the nuisance abatement procedures
authorized by Government Code section 38773.5; and
WHEREAS, the City Council wishes to certify certain fines, interest, and penalties as
delinquent and have them collected as special assessments against the real property involved,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
L The City Council held an administrative public hearing on November 5, 2007,
which was properly noticed as required by Government Code section 38773.5, for the purpose of
certifying special assessments against properties where public nuisances have occurred.
2. The special assessments designated on Exhibit A, which is attached and
incorporated herein by this reference, are hereby certified as being delinquent civil fines, interest
and penalties owing to the City of Huntington Beach and qualified for collection as special
assessments under section 1.18.150C.
3. The City Council as part of the City's nuisance abatement program orders that
these delinquent fines, interest and penalties are to be collected as special assessments against the
respective properties shown on Exhibit A pursuant to the provisions of Municipal Code section
1.18.150 and Government Code section 38773.5.
4. Pursuant to such authority, the City Treasurer is directed to take the requisite steps
for recording notice of such assessments against the respective properties in the property records
of the County of Orange and for obtaining the collection of such assessments by the Tax
Collector of the County of Orange.
Atty misc/admin/resolution 7-05 1
Resolution No. 2007-74
5. The City Treasurer is also authorized to take the necessary steps to have releases
filed with the County Recorder when any such special assessments have been paid.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 5th day of November , 2007.
,ab ,OA
or
REVIEWED AND APPROVED APPROVED AS TO FORM:
'City Adthinistrator Jbi,11. City Attorney
ITIATED AND APPROV D:
Cit Attorney
YU-I I
Atty misc/admin/resolution 7-05 2
Exhibit "A" = Resolution No. 2007-74
CERTIFICATION OF SPECIAL ASSESSMENTS
OWING TO THE CITY OF HUNTINGTON BEACH
FOR TRANSMISSION TO COUNTY TAX COLLECTOR
Property Address Owner Dates/Fine Violation APN#
Amount(s)/Total
(w/late fees &
charges)
9521 Bay Meadow Drive Cherise Dunham-Bennett 1/3/07 $1,000 HBMC 17.10.050 151-411-55
Huntington Beach,CA 92646 9/28/06 $500 HBMC 17.10.050
Total $1,688.64
14872 Trojan Circle Dennis Blanchard 8/30/06 $250 HBMC 8.48.180 195-063-80
Huntington Beach,CA 92647 9/19/06 $500 HBMC 8.48.180
Total $905.82
17941 Brookshire Brookshire LLC c/o Arvind Pal 12/6/06 $1,000 HBMC 17.02.055;UAC 301.1 165-253-10
Huntington Beach,CA 92647 1/8/07 $1,000 HBMC 17.02.055;UAC 301.1
1/18/07 $1,000 HBMC 17.02.030;UAC 301.1
1/24/07 $1,000 HBMC 17.02.030;UAC 301.1
Total $4,350.12
5375 Industrial#103 CKR Resource&Development 1/17/06 $1,000 HBMC 17.02.030; UAC 301.1 145-511-01
Huntington Beach,CA 92649 1/17/06 $1,000 HBMC 17.02.055;UAC 309.1
1/24/0 $1,000 HBMC 17.02.030;UAC 301.1
Total $3,280.28
5482 Oceanus,#B Crown Investment Partnership 1/23/07 $500 HBMC 17.02.030;UAC 301.1 145-016-04
Huntington Beach,CA 92648
Total $556.12
807 Delaware Street John R.DeHaan 12/28/06 $250 HBMC 8.48.180 024-211-03
Huntington Beach,CA 92648
Total $573.12
Attymisc/admin cite/chart/treasurer totals 10-07 1
Exhibit "A" = Resolution No. 2007-74
Property Address Owner Dates/Fine Violation APN #
Amount(s)/'Total
(w/late fees &
charges)
17412 Whetmore Lane Reuben Garcia 11/16/06 $250 17.02.030;UAC 301.1 165-092-03
Huntington Beach,CA 92647 11/28/06 $500 17.02.030;UAC 301.1
2/8/07 $1,000 17.02.030;UAC 301.1
Total$1,965.72
7872 Edinger Avenue HB Auto I LLC 1/17/07$250 HBMC 17.02.055;309.1 142-081-28
Huntington Beach,CA 92747
Total $286.08
601 8th Street Randy Kaul 12/11/06$250 HBMC 17.02.030;UAC 301.1 024-093-14
Huntington Beach,CA 92648 1/23/07 $500 HBMC 17.02.030;UAC 301.1
Total $839.47
17685 Beach Boulevard Diane Kim 1/11/07 $1,000 HBMC 17.02.030;UAC 301.1 165-312-17
Huntington Beach,CA 92647 1/19/07 $1,000 HBMC 17.02.030;UAC 301.1
1/24/07 $1,000 HBMC 17.02.030;UAC 301.1
Total $3,280.18
15323 Pipeline Medina Property,LLC 10/27/06$500 HBMC 17.02.030;UAC 301.1 316-863
Huntington Beach,CA 92649
Total $587.16
16852 Bolero Lane Penelope L.Ward 11/29/06 $500 HBMC 17.08.020;UHC 1001.8 178-372-13
Huntington Beach,CA 92649 HBMC 17.10.050
Total $581.15
Attymise/admin cite/chart/treasurer totals 10-07 2
Res. No. 2007-74
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH
1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on November 5, 2007 by the following vote:
AYES: Bohr, Carchio, Coerper, Green, Hansen, Hardy
NOES: None
ABSENT: Cook
ABSTAIN: None
My Clerk and ex-offici Clerk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT NO . 2 ��.. ., .I
Attachment 2
Notification and communication to property owners prior to lien placement:
® Initial notification of outstanding violations are made to property owners by personal
contact, send.ng a notice of violation or letter via first class mail, by posting a notice on
the front door to the property, or combinations of all of these.
■ Notification includes an explanation of the violation, describes the required action to
bring the property into compliance, provides a time frame for compliance to be achieved,
and states the consequences of non-compliance (i.e. possible civil citations, re-inspection
fees, and or prosecution).
• If compliance is not achieved within the time frame of the initial notification, typically a
final notice is issued, allowing a small, additional amount of time to bring the property
into compliance. This notice again describes the required action to bring the property into
compliance, provides a time frame for compliance to be achieved, and states the
consequences of non-compliance.
• If after the issuance of the final notice compliance has not been achieved, citations may
be issued. All citations are sent to the property owner on record with the Orange County
Recorder's Office, and are mailed via certified mail to the mailing address on record with
the Recorder's Office. Citation forms describe the code or ordinance that was observed to
be in violation, the amount of the fine imposed for the violation, and describes in detail
the process for appealing and or paying the citation. The citation also informs the
property owner again that failure to comply may result in the issuance of additional
citations, re-inspection fees, and or prosecution. In addition, the citation contains
language notifying property owners that non-payment of the citation may result in the
placement of a lien on their property.
® Once a citation has been issued, staff will typically suspend action on the case for 30
days, allowing the property owner the opportunity to appeal the citation. This also allows
for the possible return of the citation due to incorrect ownership information or the
certified mail being unclaimed by the addressee/property owner.
® If the citation is returned, staff will confirm the address information for the property
owner. If new contact information is found, staff will start the process over with the
issuance of a new notice of violation. If the initial contact information is found to be
correct, staff will send the citation to the property owner via first class mail, and will
again suspend action on the case for 30 days, allowing the opportunity for appeal.
® If after 30 days no appeal has been received, or an appeal was received and the citation
upheld, and no payment has been received, the City Treasurer's Office assigns the case to
accounts receivable to attempt to collect the outstanding fines and fees. Account
statements are sent out on a monthly basis, informing the property owner of the amount
due, why the amount is due, and the consequences for not remitting the amount due (i.e.
accrual of interest and late fees, and possible placement of a lien).
■ After a period of at least 90 days to 6 months or more of not receiving payment, the City
Treasurer's Office will submit the property for consideration for placement of a lien. A
final notice is sent out to the property owner advising that if payment is not received by a
certain date, a public hearing will be held to consider placing a lien on the property.
■ If no payment has been received after the period indicated in the final notice, a list of
properties being considered for lien is developed and distributed to the various
departments who were responsible for the initial issuance of the citation. Each
department reviews the corresponding case file, information, or supporting materials for
each property to ensure that proper notifications had been made throughout the process
and that the originally issued citation was issued correctly and to the person responsible
for the property.
■ Once the list has been checked by staff, the City Clerk's Office sends notice to the
property owner advising of the date and time of the public hearing for the placement of
the lien.
■ At the public hearing, property owners are given the opportunity to address the council
regarding the placement of the lien and the Council may take their comments into
consideration when deciding to place a lien on the property.
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney
SUBJECT: Special Assessments for
Collecting Delinquent Civil Fines
COUNCIL. MEETING DATE: November 5, 2007
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Attached ❑
Contract/Agreement (w/exhibits if applicable) Not Applicable
(Signed in full by the City Attorney)
Attached ❑
Subleases, Third Party Agreements, etc. Not Applicable
(Approved as to form by City Attorney)
Certificates of Insurance A b the CityAttorne Attached El( pproved y y) Not Applicable �
Attached ❑
Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable z
❑
Bonds (If applicable) AttachedNot Applicable
Attached ❑
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Re ort If applicable Attached El
p ( pp ) -Not Applicable
s/Conditions for Approval and/or Denial Attached ElFindin
g pp Not Applicable z
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff ( )
Assistant City Administrator (Initial) ( )
City Administrator (Initial) ( (,
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
RCA Author: admin/RCA/10/1/07
Exhibit "A" - Resolution No. 2007-74
CERTIFICATION OF SPECIAL ASSESSMENTS
OWING TO THE CITY OF HUNTINGTON BEACH
FOR TRANSMISSION TO COUNTY TAX COLLECTOR
Property Address Owner Dates/Fine Violation iAPN#
Amount(s) /Total
(w/late fees &
charges)
9521 Bay Meadow Drive Cherise Dunham-Bennett 1/3/07 $1,000 HBMC 10.050 151-411-55
Huntington Beach,CA 92646 9/28/06 $500 HB 17.10.050
Total $1,688.64
14872 Trojan Circle Dennis Blanchard 8/30/06 $250 HBMC 8.48.180 195-063-80
Huntington Beach,CA 92647 9/19/06, $500 HBMC 8.48.180
Total $ .82
17941 Brookshire Brookshire LLC c/o Arvind Pal 12/6/f 6 $1,000 HBMC 17.02.055;UAC 301.1 165-253-10
Huntington Beach, CA 92647 4/07 $1,000 HBMC 17.02.055;UAC 301.1
1/18/07 $1,000 HBMC 17.02.030;UAC 301.1
1/24/07 $1,000 HBMC 17.02.030;UAC 301.1
Total $4,350.12
5375 Industrial#103 CKR Resource Development 1/17/06 $1,000 HBMC 17.02.030;UAC 301.1 145-511-01
Huntington Beach,CA 92649 1/17/06 $1,000 HBMC 17.02.055;UAC 309.1
1/24/0 $1,000 HBMC 17.02.030;UAC 301.1
Total $3,280.28
5482 Oceanus,#B Crown Investment Partnership 1/23/07 $500 HBMC 17.02.030;UAC 301.1 145-016-04
Huntington Beach, CA 92648
Total $556.12
807 Delaware Street John R.DeHaan 12/28/06 $250 HBMC 8.48.180 024-211-03
Huntington Beach, A 92648
Total $573.12
Attymisc/admin cite/chart/treasurer totals 10-07 ]
Exhibit "A" - Resolution No. 2007-74
Property Address Owner Dates/]Fine Violation APN#
Amount(s) /Total
(w/late fees &
charges)
17412 Whetmore Lane Reuben Garcia 11/16/06 $250 17.02.030;UAC 301.1 165-092-03
Huntington Beach, CA 92647 11/28/06 $500 17.02.030;UAC 301.1
2/8/07 $1,000 17.02.030;UAC 301.1
Total$1,965.72
7872 Edinger Avenue HB Auto I LLC 1/17/07$250 HBMC 17.0 !055;309.1 142-081-28
Huntington Beach, CA 92747
Total $286.08
601 8th Street Randy Kaul 12/11/06$250 BMC 17.02.030;UAC 301.1 024-093-14
Huntington Beach CA 92648 1/23/07 $50 HBMC 17.02.030;UAC 301.1
Total $�9:'47
17685 Beach Boulevard Diane Kim �,1/111/0077 $1,000 HBMC 17.02.030;UAC 301.1 165-312-17
Huntington Beach, CA 92647 1/19/07 $1,000 HBMC 17.02.030;UAC 301.1
1/24/07 $1,000 HBMC 17.02.030;UAC 301.1
Total $3,280.18
4935,4937,4941,4955 Warner Lorbeer Enterprises 11/17/06$500 HBMC 17.02.055;UAC 309.1 178-263-07
Huntington Beach,CA 92649 11/17/06 $250 HBMC 17.02,.030; UAC 301.1
11/17/06 $500 HBMC 17.02.030;UAC 301.1
11/19/06 $500 HBMC 17.02.055;UAC 309.1
1/17/07 $500 HBMC 17.02.030;UAC 301.1
1/17/07 $1,000 HBMC 17.02.030;UAC 301.1
1/27/07 $1,000 HBMC 17.02.030; UAC 301.1
Total $4,786.27
15329Npeline Medina Property,LLC 10/27/06 $500 HBMC 17.02.030;UAC 301.1 3 i 6-863
Huntington Beach,CA 92649
.' Total $587.16
/ 16852 Bolero Lane Penelope L. Ward 11/29/06 $500 HBMC 17.08.020;UHC 1001.8 178-372-13
Huntington Beach,CA 92649 HBMC 17.10.050
Total $581.15
Attymisc/admin cite/chart/treasurer totals 10-07 2
Huntington Beach Independent has been adjudged a newspaper of general
circulation in Huntington Beach and Orange County by Decree of the Superior
Court of Orange County,State of California, under date of Aug. 24, 1994,case
A50479.
PROOF OF
PIJPLICATIO'N
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
1
�NOTICE o
I am the Citizen of the United States and a MINIS NOTICEOf
AD HEARING,
resident of the County aforesaid; I am over BY THE CITYCOUNCIL'CITY
the age of eighteen years, and not a party j OF HUNTINGTON BEACH
NOTICE IS.HEREBY,GIV'='
to or interested in the below entitled matter. EN that a Public Hearing,
I am a principal clerk of the HUNTINGTON Co c held by the city
unit of the City of
BEACH INDEPENDENT, a newspaper of Huntington Beach in the'
City Council Chambers;.)
2000 Main Street, Hun-I
general circulation, printed and published in tington Beach, Califor-
nia, 92648 at the hour
the City of Huntington Beach, County of of 6:00 p.m. or as soon I
thereafter as possible,1
Orange, State of California, and the oonvebh5, 01
consider e 0
attached Notice is a true and complete copy of proposed. Resolution
entitled"A Resolution of
the of the,
as was printed and published on the CityCitoyf' Hun�tingtonl
following date(S). Beach Certifying Special,
Assessment for Collect-.'
ing Delinquent Civil)
Fines for Municipal Code.!
Violations.
A copy,of the proposed;
Resolution is on file in
Ithe City Clerk's Office,
(2000 Main Street, Hun-
�tington Beach 92648,for�
inspection by the public
OCTOBER 1 8, 2 O 0 7 on November 1,2007.
An,administrative hear-
mg is required by the
Huntington Beach Mu-
nicipal Code.1.18..Only
property owners are en-
titled to speak at an
administrative hearing.
All other interested par-
ties may speak at reg-
ular public comment at
1 beginning of the meet-
ing.Written commuriica-
declare under penalty ofperjury, that the Imay al the City Council
p Y I may also be mailed to
foregoing is true and correct. �the Clerk.
g g public hearing is
held pursuant to Califor- 1
nia--Government Code
Section'. 38773.5 and
Huntington Beach .Mu-
nicial de 1.18
Executed on OCTOBER 1 8, 2007 Dated CoOctober5012
2007.
at Huntington Beach, California CITY OF HUNTINGTON.
BEACH
Joan L.Flynn,City Clerk
2000 Main Street j
Huntington Beach,CA f
H•� � 'Publishedd Huuntington
Beach Independent Oc-ii
Signature tuber 18,2007 103-9331
I
Huntington Beach Independent has been adjudged a newspaper of general
circulation in Huntington Beach and Orange County by Decree of the Superior
Court of Orange County,State of California,under date of Aug. 24, 1994,case
A50479.
PROOF OF
PU LICATION
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
am the Citizen of the United States and a NOTICEOF
resident of the Count aforesaid; I am over ADMINISTRATIVE HEARING
y r BY THE CITY COUNCIL CITY
the age of eighteen years, and not a party OF HUNTINGTON BEACH
(NOTICE IS HEREBY GIV
to or interested in the below entitled matter. EN that a Public,Hearing
will bI am a principal clerk of the HUNTINGTON Councilhofd'thetCty*of,
Huntington Beach in the
BEACH INDEPENDENT, a newspaper of City,Council Chambers,
2006 Main Street, Hun- ;
general circulation, printed and published in tington Beach, Caliifor-.
jnia, 92648 at the hour
the City of Huntington Beach, County of of 6:00 p:m. or as soon
!thereafter as. possible, I
Orange, State of California, and the Ion November 5, 2007 ;
to consider the adoption
attached Notice is a true and complete copy of proposed Resolution
entitled"A Resolution of
as was printed and published on the the 'City Council of the ,
followin date of Huntington
g �s c�• Beach Certifying Special
Assessment for Collect-
ing Delinquent Civil
(Fines for Municipal Code
Violations."
A copy of the,proposed
Resolution is on file in
the City Clerk's Office,
2000 Main Street, Hun-
tington Beach 92648,for
OCTOBER 1 8, 2 0 0 7 inspection by the public
on November 1,2007.
An administrative hear-
mg is'required by the I
Huntington Beach Mu-,
{nicipal Code 1.18. Only
property owners are en-I
ititled to speak at an'
-administrative. hearing.
!All other interested par
ties may speak at reg-l
I ular public comment at
ibeginning of the meet-
ling.Written communica'
declare, under penalty of perjury, that the tions to the City Council
Imay also be mailed to
foregoing is true and correct. the City Clerk.
IThe public hearing- is
jheld pursuant to Califor=
nia Government Code
iSection 38773.5 and
JHuntington Beach Mu-
Executed on OCTOBER 1 8, 2 0 0 7 nicipal Code 1'.18.150:
at Huntington Beach, California Dated: October, 12,.
12007.
CITY OF HUNTINGTON
BEACH
Joan L.Flynn;City Clerk
2000 Main Street
Huntington Beach;CA .
92648
published Huntington
SI nature Beach Independent Oc-
g tober_18,2007. '103-9331
NOTICE OF ADMINISTRATIVE HEARING
BY THE CITY COUNCIL CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City
Council of the City of Huntington Beach in the City Council Chambers,
2000 Main Street, Huntington Beach, California, 92648 at the hour of 6:00
p.m. or as soon thereafter as possible, on November 5, 2007 to consider the
adoption of proposed Resolution entitled "A Resolution of the City Council
of the City of Huntington Beach Certifying Special Assessment for
Collecting Delinquent Civil Fines for Municipal Code Violations."
A copy of the proposed Resolution is on file in the City Clerk's Office, 2000
Main Street, Huntington Beach 92648, for inspection by the public on
November 1, 2007.
An administrative hearing is required by the Huntington Beach Municipal
Code 1.18. Only property owners are entitled to speak at an administrative
hearing. All other interested parties may speak at regular public comment at
beginning of the meeting. Written communications to the City Council may
also be mailed to the City Clerk.
The public hearing is held pursuant to California Government Code Section
38773.5 and Huntington Beach Municipal Code 1.18.150.
Dated: October 12, 2007.
CITY OF HUNTINGTON BEACH
Joan L. Flynn, City Clerk
2000 Main Street
Huntington Beach, CA 92648
Impression antibourrage et A s6chage rapide www.averycom AVERY0 5260M1:
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Cherise Dunham-Bennett
3905 State Street, 47-193
Santa Barbara, CA 93105
Dennis Blanchard Diane Kim
14872 Trojan Circle 17701 Beach Boulevard
Huntington Beach, CA 92647 Huntington Beach, CA 92647
John R. DeHaan
Lorbeer Enterprises
807 Delaware Street 5320 East 2nd Street, Ste 9
Huntington Beach, CA 92648 Long Beach, CA 90803
Penelope L. Ward Tony Medina
16852 Bolero Lane 15317 Pipeline
Huntington Beach, CA 92649 Huntington Beach, CA 92649
Brookshire LLC c/o Arvind Pal
25171 Buckskin Drive
Laguna Hills, CA 92653
CKR Resource & Development
P.O. Box 1260
Crestline, CA 92325
Crown Investment Partnership Randy Kaul
P. O. Box 2406 601 8th Street
Costa Mesa, CA 92628 Huntington Beach, CA 92648
Reuben Garcia
17412 Whetmore Lane
Huntington Beach, CA 92647
HB Auto I LLC ! — _ ��� 72-
331 Canal Street
Newport Beach, CA 92663 / j . > �C_(:x/4-r4,1
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