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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. �c i Z 'd TZL6BSSbTL 30Idd0 ` mdl '..' Wd6ipcZ Looa, LT 010a 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 m 0 J J. 0 0 N d O v co it 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 i I i f g -d T�1.6BSS*,TL 33IJJ0iMU1 ! Wd6fr �� L��� LT �aQ cc , 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: Utilisez le gabarit 52601- 1-800-CO-AVERY V 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 AMAV-09-008-1, w.09Z5 31VIdW31 0Aj9At/asn w,09Z5® ® wm•JGa�e• 6upuud aaa3 a6pnws pue wer