HomeMy WebLinkAboutAdopt Ordinance No. 4228 to Amend Chapter 13.10 of the HB Mu A99V✓ED RiZ ^eMbA/
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City of Huntington Beach As 1"4c_ 0c_D
File #: 21-170 MEETING DATE: 3/1/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Chris Slama. Director of Community & Library Services
Subject:
Adopt Ordinance No. 4228 to amend Chapter 13.10 of the Huntington Beach Municipal Code
Prohibiting the Storage of Personal Property on Public or Private Property
Approved as amended 6-1 (Peterson - No)
Statement of Issue:
The existing Huntington Beach Municipal Code (HBMC) Chapter 13.10 requires modification to
prevent the storage of personal property within public spaces and upon publicly owned and
maintained property, and to facilitate its removal when warranted. Additionally, while private property
owners currently have the ability within and upon their property to remove and dispose of stored or
abandoned items, there is currently no specific criminal statute to bring enforcement action.
The storage of personal property within public spaces in Huntington Beach, including but not limited
to parks, beaches, and sidewalks, is not consistent with the intended public use(s) of these locations,
and the presence of unknown and potentially dangerous items creates an undue public safety
concern for the users of these public spaces. The City of Huntington Beach responds regularly to
quality of life complaints from residents related to the storage of personal property in public places
including visible trash, discarded and clearly abandoned property, as well as unusable and unwanted
property. In addition, hypodermic needles and syringes have been discovered among this property.
Currently, City employees are limited in their ability to remove this property unless it is clearly refuse,
or is soiled or otherwise contaminated to the degree that it poses a public health risk.
Lastly, the current HBMC does not provide sufficient clarity related to enforcement, and is insufficient
in ensuring the removal of stored property is conducted appropriately and within the law. The
proposed ordinance provides clarity related to enforcement, including specific language related to the
required noticing, signage, minimum-retention period, and procedures for community members to
follow for the reclaiming of property.
Financial Impact:
Not applicable.
City of Huntington Beach Page 1 of 3 Pnnted on 2124r2021
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File #: 21-170 MEETING DATE: 3/1/2021
Recommended Action:
Approve for introduction Ordinance No. 4228, "An Ordinance of the City of Huntington Beach
Amending Chapter 13.10 of the Huntington Beach Municipal Code Prohibiting the Storage of
Personal Property on Public or Private Property."
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
A review of similar ordinances in surrounding cities (Anaheim, Santa Ana, Westminster, and Costa
Mesa), and consultation with representatives from those jurisdictions. has demonstrated a consistent
approach to this issue and the need for the proposed modification. Further, civil litigation within
Orange County and the region provides compelling support for the adoption of this amendment, as a
prudent step in developing an effective strategy.
In summary, revision of HBMC Chapter 13.10 related to the storage of property will provide much-
needed clarity and procedures to allow for the lawful collection, temporary preservation, and prompt
return of property to its owners, and will provide a much-needed tool to preserve limited public
spaces for their safe and enjoyable intended uses.
A summary of the changes are as follows:
• Added definition for "Stored Personal Property;"
• Added additional language to Section 13.10.040 - Storage of Personal Property on Public and
Private Property;
• Added Section 13.10.041 - Impounding Stored Personal Property;
• Added Section 13.10.042 - Impounding Personal Property after Closure;
• Added Section 13.10.042 - Storage and Disposal of Impounded Personal Property;
• Added Section 13.10.044 - Dangerous or Perishable Stored Personal Property; and
• Added additional language to Section 13.10.090 - Violations-Penalty.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(s):
1. Ordinance No. 4228 to amend Chapter 13.10 of the Huntington Beach Municipal Code
prohibiting the storage of personal property on public or private property
2. Legislative Draft of amendments to Chapter 13.10 of the Huntington Beach Municipal Code
City of Huntington Beach Page 2 of 3 Printed on 2/24/2021
powerec&,1r Legistar"
ORDINANCE NO. 4228
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 13.10 OF THE HUNTINGTON BEACH MUNICIPAL
CODE PROHIBITING THE STORAGE OF PERSONAL
PROPERTY ON PUBLIC OR PRIVATE PROPERTY
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 13.10.020 of the Huntington Beach Municipal Code is hereby
amended to insert the following definition in alphabetical order:
"Stored Personal Property" means any tangible property a person may deposit in a
location with an intent to recover at a later time. Tangible property includes, but is not
limited to goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags,
hammocks, and personal items such as luggage, backpacks, clothing, documents,
medication, and household items. Stored Personal Property excludes intentionally
discarded refuse, trash, and/or tangible property.
SECTION 2. Section 13.10.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
13.10.040 Unlawful Storage of Personal Property on Public and Private Property
It shall be unlawful and a public nuisance for any person to leave Stored Personal
Property on Public Property or Private Property without the consent of the Property
owner or except as otherwise approved by the Police Chief. the Community & Library
Services Director, the Public Works Director, or any of their designees.
Stored Personal Property left on Public or Private Property in violation of this Section
may be impounded pursuant to the provisions of this Chapter.
13.10.041 Impounding Stored Personal Property
A. The Police Chief, or his or her designee, is authorized to impound Stored Personal
Property located on Public Property or Private Property pursuant to the provisions
of this Chapter. The Police Chief is authorized to adopt written policies and
procedures to implement provision of this Chapter. Nothing in this Chapter shall
be construed to limit or otherwise interfere with State law regarding the
impounding of evidence related to a crime.
B. Stored Personal Property may be impounded and disposed of without notice if
there is a cause to reasonably believe that the Stored Personal Property is:
1. Perishable;
1
20-9045/244888
ORDINANCE NrO. 4228
2. Contaminated with feces, urine or bodily fluid;
3. Infested with insects;
4. Contaminated with mold or mildew;
5. Intentionally discarded;
6. An immediate threat to public health or safety;
C. Stored Personal Property may be impounded without notice if there is a cause to
reasonably believe that the Stored Personal Property is:
I. Evidence of a crime: or
2. Evidence in a criminal investigation, or
3. Unlawful to possess.
D. Except as provided above, Stored Personal Property located on Public or Private
Property may be impounded after providing 24 hours actual or posted notice as
provided in this Section.
E. Actual Notice shall be deemed provided by placing on or near the Stored Personal
Property a writing containing the following information:
I. A general description of the Stored Personal Property;
2. The location of the Stored Personal Property:
3. The date and time the notice was placed; and,
4. A statement that the Stored Personal Property has been deposited
in violation of this Chapter 1').10, and will be impounded by the
City if the Stored Personal Property is not removed within twenty-
four (24) hours of issuance of Actual Notice.
F. Posted Notice shall be deemed provided by erecting at least one sign in a
conspicuous place providing notice that any Stored Personal Property found in a
described area may be removed, and impounded if not claimed and removed
within twenty-four hours after being discovered. The sign shall provide a phone
number and address where a person may receive information to recover his or her
Personal Property.
G. After the notice period has expired, the Stored Personal Property shall be deemed
abandoned and may be impounded. Prior to impounding Stored Personal
Property, the City will provide notice in a conspicuous place at or near where the
Stored Personal Property was located with the following information:
I. A general description of the Stored Personal Property;
2. The location of the Stored Personal Property;
3. The date and time the notice was placed; and,
4. A statement that the Stored Personal Property has been impounded
by the City and the process to re-claim.
20-9045 235683/SFF
ORDINANCE NO. 4228
13.10.042 Impounding Personal Property after Closure
Notwithstanding Section 1 J.10.041, any Stored Personal Property located in any area that
is posted with conspicuous signs indicating the area is closed to the public may be
immediately impounded without notice. The posted signs must contain language
indicating that all Stored Personal Property found during the hours the area is closed will
be impounded. The sign shall describe where the Stored Personal Property will be stored.
including a telephone number and the address where a person may receive information
regarding how to recover the Personal Property.
13.10.043 Storage and Disposal of Impounded Personal Property
A. Stored Personal Property that is impounded pursuant to this Chapter shall be
stored by the City for a period of ninety (90) days. If the owner of the Stored
Personal Property is reasonably ascertainable, the Police Chief, or his or her
designee, shall promptly notify the owner of the procedure to claim his or her
Personal Property.
B. The Police Chief, or his or her designee shall return the Stored Personal Property
to its owner upon presentation of satisfactory evidence of ownership.
C. In the event the Stored Personal Property is not claimed within ninety (90) days, it
may be subject to disposition as provided in Huntington Beach Municipal Code
(I-IBIvIC) Chapter 2.96.
13.10.044 Dangerous or Perishable Stored Personal Property
Subject to the provisions of Section 13.10.041 and 13.10.042, Stored Personal Property
may be disposed of immediately and without notice, in a manner that the Chief of Police
determines to be in the public interest, when such Stored Personal Property is perishable,
contaminated with feces, urine or bodily fluid, infested with insects, contaminated with
mold or mildew, constitutes an immediate danger to the public health or safety, or is
infectious waste as defined in HBMC Section 8.21.040.
SECTION 3. Section 13.10.090 is hereby repealed in its entirety and replaced to read as
follows:
13.10.090 Violations, Penalties and Enforcement
Notwithstanding any other provision in this Code, each violation of the provisions of this
Chapter shall be enforced alternatively as an infraction.
SECTION 4. This Ordinance shall become effective 30 days after its adoption.
3
20-9045/235683/SFF
ORDINANCE NO. 4228
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1st day of March 2021.
ATTEST:
City Clerk Mayor'
REVIEWED AND APPROVED: APPROVED AS TO FOR;�4:
City Manager City Attorney r-W
INITIATED AND APPROVED:
Z /4-2
/ 'Police Chief
4
20-9045/235683/SF•F
Ord. No. 4228
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN' ESTANISI-AU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on February 16, 2021, and was again read to said City
Council at a Regular meeting thereof held on March 1, 2021, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Kalmick, Ortiz, Carr, Posey, Moser, Delgleize
NOES: Peterson
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ea-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Nave on March 11,2021.
In accordance with the City Charter of said City.
Robin Estanislau, Citv Clerk City Clerk and ex-officio Clerk
Deoutv Citv Clerk of the City Council of the City
of Huntington Beach, California
City Council/ ACTION AGENDA March 1, 2021
Public Financing Authority
C) Amend the City s Fiscal Year 20-21 Budget to the extent necessary to accommodate
such expenditures
Approved 7.0 as amended(permit fee first 2 years - $589, permit fee year 3- $306)
16. 21-192 Adopted Resolution No. 2021-20 (Carr Park Renovation) approving the
application for Statewide Park Development and Community
Revitalization program Grant Funds to the State of California
Department of Parks and Recreation for Carr Park
Recommended Action:
Adopt Resolution 2021-20, "A Resolution of the City Council of the City of Huntington
Beach Approving the Application for Statewide Park Development and Community
Revitalization Program Funds (Carr Park Renovation).'
Approved 7-0
17. 21-170 Adopted Ordinance No. 4228 to amend Chapter 13.10 of the Huntington
Beach Municipal Code Prohibiting the Storage of Personal Property
on Public or Private Property
Introduced 2116/21 - Approved as amended 6-1 (Peterson - No)
Recommended Action:
Approve for adoption Ordinance No. 4228. 'An Ordinance of the City of Huntington
Beach Amending Chapter 13.10 of the Huntington Beach Municipal Code Prohibiting
the Storage of Personal Property on Public or Private Property."
Approved 6-1 (PetersotrNo)
PUBLIC HEARING
18. 21-172 Adopted Resolution No. 2021-17 (Supplemental Fee Resolution 12),
establishing Fees and Charges for Use and Operator Permits for
Group Homes and Sober Living Homes and Hourly Billing Rates for
Code Enforcement Services
Recommended Action:
Adopt Resolution No. 2021-17, "A Resolution of the City Council of the City of Huntington
Beach Establishing and Updating Use Permit and Operator Permit Fees for Group Homes and
Sober Living Homes and Hourly Billing Rates for Code Enforcement Services by Amending
Resolution 2016-59, as amended pursuant to Resolution Nos. 2017-28. 2017-44, 2017-46,
2018-01, 2018-29. 2018-48, 2018-55, 2019-07, 2019-19, 2019-87 and 2020-37, Which
Established a Consolidated Comprehensive Citywide Master Fee and Charges Schedule'
(Supplemental Fee Resolution 12).
19PP111YEa .4s
City of Huntington Beach (PE'eesanl-/v°�
File #: 21-052 MEETING DATE: 2/16/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Chris Slama, Director of Community & Library Services
Subject:
Approve for introduction Ordinance No. 4228 to amend Chapter 13.10 of the Huntington
Beach Municipal Code Prohibiting the Storage of Personal Property on Public or Private
Property
Statement of Issue:
The existing Huntington Beach Municipal Code (HBMC) Chapter 13.10 requires modification to
prevent the storage of personal property within public spaces and upon publicly owned and
maintained property, and to facilitate its removal when warranted. Additionally, while private property
owners currently have the ability within and upon their property to remove and dispose of stored or
abandoned items, there is currently no specific criminal statute to bring enforcement action.
The storage of personal property within public spaces in Huntington Beach, including but not limited
to parks, beaches, and sidewalks, is not consistent with the intended public use(s) of these locations,
and the presence of unknown and potentially dangerous items creates an undue public safety
concern for the users of these public spaces. The City of Huntington Beach responds regularly to
quality of life complaints from residents related to the storage of personal property in public places
including visible trash, discarded and clearly abandoned property, as well as unusable and unwanted
property. In addition, hypodermic needles and syringes have been discovered among this property.
Currently, City employees are limited in their ability to remove this property unless it is clearly refuse,
or is soiled or otherwise contaminated to the degree that it poses a public health risk.
Lastly, the current HBMC does not provide sufficient clarity related to enforcement, and is insufficient
in ensuring the removal of stored property is conducted appropriately and within the law. The
proposed ordinance provides clarity related to enforcement, including specific language related to the
required noticing, signage, minimum-retention period, and procedures for community members to
follow for the reclaiming of property.
Financial Impact:
Not applicable.
City of Huntington Beach Page 1 of 3 Printed on 2/102021
oowe-445 LeQ s'a•
File #: 21-052 MEETING DATE: 2/16/2021
Recommended Action:
Approve for introduction Ordinance No. 4228, "An Ordinance of the City of Huntington Beach
Amending Chapter 13.10 of the Huntington Beach Municipal Code Prohibiting the Storage of
Personal Property on Public or Private Property."
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
A review of similar ordinances in surrounding cities (Anaheim, Santa Ana, Westminster, and Costa
Mesa), and consultation with representatives from those jurisdictions, has demonstrated a consistent
approach to this issue and the need for the proposed modification. Further, civil litigation within
Orange County and the region provides compelling support for the adoption of this amendment, as a
prudent step in developing an effective strategy.
In summary, revision of HBMC Chapter 13.10 related to the storage of property will provide much-
needed clarity and procedures to allow for the lawful collection, temporary preservation, and prompt
return of property to its owners, and will provide a much-needed tool to preserve limited public
spaces for their safe and enjoyable intended uses.
A summary of the changes are as follows:
• Added definition for "Stored Personal Property,"
• Added additional language to Section 13.10.040 - Storage of Personal Property on Public and
Private Property;
• Added Section 13.10.041 - Impounding Stored Personal Property;
• Added Section 13.10.042 - Impounding Personal Property after Closure;
• Added Section 13.10.042 - Storage and Disposal of Impounded Personal Property;
• Added Section 13.10.044 - Dangerous or Perishable Stored Personal Property; and
• Added additional language to Section 13.10.090 - Violations-Penalty.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(§):
1 . Ordinance No. 4228 to amend Chapter 13.10 of the Huntington Beach Municipal Code
prohibiting the storage of personal property on public or private property
2. Legislative Draft of amendments to Chapter 13.10 of the Huntington Beach Municipal Code
City of Huntington Beach Page 2 of 3 Printed on 2/10/2021
oo•xe,EW Leg,sta,7.
City Council/ ACTION AGENDA February 16, 2021
Public Financing Authority
ADMINISTRATIVE ITEMS
17. 21-100 Approved an Extension of the Temporary Closure of the Second
Block of Main Street to Vehicular Traffic Through Labor Day
(September 6, 2021): Authorized Staff to Engage an Urban Design
Firm: and, Appointed the Mayor, Mayor Pro Tem, and a City
Member to Serve on an Ad Hoc Downtown Urban Design Study
Committee
Recommended Action:
A) Authorize the City Manager to continue the temporary closure of the second block of Main
Street to vehicular traffic to accommodate outdoor dining and retail in the public right-of-way
through September 6. 2021 and.
B) Authorize staff to engage an Urban Design Firm and
C) Establish an Ad Hoc Downtown Urban Design Study Committee. and.
D) Appoint the Mayor, Mayor Pro Tem. and a City Council Member (Kalmick) to the Ad Hoc
Committee
Approved 6-1 (Peterson-No)
18. 21-124 Received and Filed Year-End Audit results for the FY 2019/20
Comprehensive Annual Financial Report (CAFR): and, adopted
FY 2020/21 Mid-Year Budget Adjustments & Updates
Recommended Action:
A) Receive and File the FY 201920 Comprehensive Annual Financial Report and
B) Approve mid-year budget adjustments to the FY 202021 Revised Budget in the funds
and by the amounts contained in Attachment 1
Approved 7-0
ORDINANCES FOR INTRODUCTION
19. 21-052 Approved as amended introduction of Ordinance No. 4228 amending
Chapter 13.10 of the Huntington Beach Municipal Code Prohibiting the
Storage of Personal Property on Public or Private Property
Recommended Action:
Approve for introduction Ordinance No 4228. An Ordinance of the City of Huntington Beach
Amending Chapter 13 10 of the Huntington Beach Municipal Code Prohibiting the Storage of
Personal Property on Public or Private Property "
City Council/ ACTION AGENDA February 16, 2021
Public Financing Authority
Approved 6-1 (Peterson-No) as amended to revise Ordinance No. 4228 Section 13.10.090
Violations, Penalties and Enforcement to read, "Notwithstanding any other provision in
this Code, each violation of the provisions of this Chapter shall be enforced alternatively
as an infraction."
COUNCILMEMBER COMMENTS(Not AgmWIh rd)—None
ADJOURNMENT— 10:06 PM
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
Monday. March 1, 2021, at 4 00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington
Beach, California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
h"p:/Iwww.huntingtonbeachca.gov
�°j 1yt1.4�uGc� `�Z2 d'
LEGISLATIVE DRAFT
HBMC 13.10
13.10.020 Definitions,
Unless the particular provisions or the context otherwise requires,the definitions contained in this section
shall govern the construction, meaning, and application of words and phrases used in this chapter.
"Camp"means to place, pitch or occupy camp facilities,to live temporarily in a camp facility or
outdoors; to use camp paraphernalia.
"Camp facilities" include, but are not limited to,tents, huts,vehicles,vehicle camping outfits or
temporary shelter.
"Camp paraphernalia" includes, but is not limited to, bedrolls,tarpaulins,cots, beds, sleeping
bags, hammocks or cooking facilities and similar equipment.
"City Manager"means the City Manager or designee.
"Establish" means setting up or moving equipment, supplies or materials on to public or private
propert% to"camp" or operate camp facilities.
"Maintain" means keeping or permitting equipment,supplies or materials to remain on public or
private property in order to camp or operate camp facilities.
"Operate" means participating or assisting in establishing or maintaining a camp or camp facility.
"Park" means the same as defined in Section 12.72.010 of this title.
"StoredPersonal Pruperty"means any and all tangible orocerty a tic am may deoosit in a location
with-an intent to recoscr it atilater_lime.Tangible property includes, buLis-otlimiledlQgaodA,
materials, merchandise,tents,tarpaulins, bedding, sleeping bags, hammocks,and personal items
such as luggage, backpacks,clothing,documents, medication,and household items. Stored Perj�
Property excludes refuse, trash,and/or tangible property.
"Private property" means all private property including, but not limited to, streets, sidewalks,
alleys,and improved or unimproved land.
"Public property" means all public property including, but not limited to, streets, sidewalks,alleys,
improved or unimproved land and parks.
"Store"means to put aside or accumulate for use when needed, to put aside for safekeeping,to
place or leave in a location.
"Street" means the same as defined in Section 12.16.180 of this title.
13.10.040 unlawful Storage of Personal Property on Public and Private Property,
A. It shall be is unlawful and a public nuisance for any person to led%r etefr 11tored
Ppersonal Pproperty on Public Property or PriYst�Property without the conssmt of the
Property owner or except as otherwise approved by the Police Chief,the Community&
Library Sery ices Director,the Public Works Director,or any of their designees.
Stored Personal Property left on Public or Private Propery in violation of this Section
may be impounded pursuant to the provisions of this Chapter.+aetndiiig ea +
20-9045/238104
ct Cam+«
apeFty�.'',.:ova-d',e %Fiierfeensextr'c,=.,.•�'e-ew:LF.
13.10.041 Impounding Stored Personal Property
V The Police Chief,or his or her designee, is authorized to impound Stored Personal
Property located on Public Property or Private Property pursuant to the provisions of this
Chapter and including Sections 13.10.042 through 13.10.044. The Police Chief is
authorized to adopt written policies and procedures to implement pro%ision of this
Chapter. Nothing in this Chapter shall be construed to limit or other%i.e interfere %%ith
State law regarding the impounding of evidence related to a crime.
B. Stored Personal Property may be impounded «ithout notice if there is a cause to
masonably belicYe that the Stored Personal Property is:
L Perishable;
2. Contaminated-with feces, urinc-gLkWlk fluid;
3. Infested w ith insects;
3. Contaminated with mold or mildew;
>. Intentionally discarded;
b. An immediate threat to public health or safety;
( . Stored Personal Property may be impounded without notice if there is a cause to
reasonably believe that the Stored Personal Property is:
1. Evidence of a crime; or
_. LN idence in a criminal imestip tiim or
l ltla«til to possess.
D. Lncept as prop ided above, Stored Personal Property located on Public or 1'risate Property
may be impounded after providing 24 hours actual or posted notice as provided in this
Section.
L Aetual otice shall be provided by placing on or near the Stored Personal Property a
writing containing the_folloµ ing information:
1. A_generald_ascription-of&5IomdP=ersonalProperly;
2. The location of the Stored Personal Property;
3. The date and time the notice was placed;and,
4.A statement that the Stored Personal Property has been deposited in
yiolation of this Chapter 13.10,and will be impounded by-Ike City if-tile
Stored Personal Property is not remo%ed within twenW—har(24)hotu5_of
issuance of the Actual Notice.
F. Posted Notice shall be deemed provided by erecting at least one sign in a conspicuous
—dace providing notice that any Stored Personal Property found in a described area may
20-9045/238104
be removed,and impounded if not claimed and removed within twenty-four hours after
being discovered. The sign shall provide a phone number and address w here a person
may receive information to recover his or her Personal Prosy
G. After the notice period has Wired,the Stored Personal Property shall be deemed
abandoned and be impounded. Prior to impounding the Stored Personal Property, the
City will provide notice in a conspicuous place at or near w here the Stored Personal
Proyc'SY was locatedwith the foUQNW&_mformation:
1. A general description of the Stored Personal Property;
2. The location of the Stored Personal Property;
J. The date and time the notice was placed; and,
4. &statement that the Stored Personal Property has been impounded by
the City, and the process to rc-claim.
13 10,042ImpaUnding Personal Property after Closure
Notwithstanding Section l,an Stored Personal Prvperty located in any-area that is
posted with conspicuous signs indicating the area is closed to the public may be immediately
impounded without notice. The posted signs must contain language indicating that all Stored
Personal Property found during the hours the area is closed will be impounded. "I he sign shall
describe where the Stored Personal Property will be stored, including a telephone number and the
address where a person may receive information regarding how to recover the Personal Property.
13.10.043 Storage and Disposal of Impounded Personal Property
A. Stored Personal Property that is impounded pursuant to this Chapter shall be stored by the
City for a period of ninety (90)days. If the owner of the Stored Personal Property is
reasonably ascertainable,the Police Chief,or his or her designee, shall promptly notify
the owner of the procedure to claim his or her Personal Property.
13. The Pohce_CbicLarhis-or her designee shall mum the Stored Personal Property to its
owner upon presentation of satisfactory evidence of ownership.
C. In tthg event the Stored Personal Property is not claimed within ninety(90)days- it shad
be subject to disposition as pro.ided under Huntington Beach MunicipaLCode(HRMC1
Chapter 2.96.
13.10.044 Dangerous or Perishable_Personal Propem
Subject to the provisions of Section 13.10.041 and 13.10.042,Stored Personal Property may he
disposed of immediately and without notice, in a manner that the Chief of Police determines_to.be
in the public interest,when such Stored Personal Property i, perishable, contaminated with feces,
urine or bodily fluid, infested with insects, contaminated w ith mold or mildew,constitutes an
20-9045/238104
immediate threat to the nuhlic health or safeh. or is infectious waste as defined et in [IBM
Section 8.21,040,
a W Mfg •I.aI�����
13,10,090 'iolations. Penalties and Enforcement
Nvokith+tanddn ;and othuther vvjy,=in this Code, each N iolatiun of the orocisions of this Chapter
.hall he entorced ahcrnati%cb as an infraction,
20-9045/238104
Switzer, Donna
From: Fikes, Cathy
Sent: Monday, February 15, 2021 3:21 PM
To: Agenda Alerts
Subject: FW: 2-16-2021 meeting
From: Larry Beltramo<regencysec@aol.com>
Sent: Friday, February 12, 2021 5:59 PM
To: CITY COUNCIL <city.council@surfcity-hb.org>
Subject: 2-16-2021 meeting
Dear City Council,
The homeless need help Please pass ordinance 4228 Keep our city safe and clean
Larry B
SUPP!EMENTAL
COMMUNICATION
Meelkq Date
Agende flam No.: /� �/— 05-2
Switzer, Donna
From: Fikes, Cathy
Sent: Monday, February 15, 2021 3:14 PM
To: Agenda Alerts
Subject: FW: In support of Ordinance
From: steve engel <steve.w.engel@outlook.com>
Sent: Saturday, February 13, 2021 9:02 PM
To: CITY COUNCIL <city.council@surfcity-hb.org>
Subject: In support of Ordinance
21-052 Approve for introduction Ordinance No. 4228 to amend Chapter 13.10 of the Huntington Beach Municipal Code
Prohibiting the Storage of Personal Property on Public or Private Property
Dear City Council Members,
Just a short note in support of the proposed Ordinance prohibiting the Storage of Personal Property on Public or Private
Property. This ordinance will give our wonderful HBPD another tool to help them keep our town beautiful and safe. We
see stored property daily in Huntington Central Park and this ordinance will help to fix this issue.
Please support and approve this ordinance and many thanks for all you do for our beautiful City everyday!!
Steve and Shari Engel
Ps- Interim Chief Harvey and the Homeless Task Force Team and all of HBPD are doing an amazing job keeping HCP
encampment free. Many thanks to our HBPD Teaml!
SUPPLEMENTAL
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Agaa Wri No. /�I 052
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Switzer, Donna
From: Courtney Echols <courtnkl@lawnet.uci.edu>
Sent: Tuesday, February 16, 2021 8:45 AM
To: supplementalcomm@surfcity-hb.org; CITY COUNCIL
Subject: Public Comment
To Huntington Beach City Council,
My name is Courtney Echols and I am a law school student and PhD candidate in Criminology. Law and Society at the
University of California, Irvine I am writing in regards to agenda item #19 file#21-052, which is in reference to the
proposed ordinance#4228 The proposed policy (ordinance no 4228) is a violation of peoples constitutional and human
rights, and it disproportionately targets Black. Brown, and houseless individuals
The scholarly evidence clearly illustrates that criminalization of houselessness is ineffective, expensive and violates both
the civil and human rights of houseless people A growing body of research comparing the cost of homelessness to the
cost of providing housing to houseless people consistently shows that housing, not criminalizing, is extremely successful
in reducing long term houselessness
Moreover rather than addressing the underlying causes of houselessness and helping people escape life on the streets,
criminalization creates a costly revolving door that circulates individuals experiencing houselessness from the street into
the legal system and back
Employing police to address houselessness also has deadly consequences as was the case for Carlos Ocana, Charly
"Africa" Leundeu Keunang. Brendon Glenn, among others Housing is a human right, and the criminalization of
houselessness and poverty is a human rights violation'
We need life affirming policies to promote public safety like housing, education lobs, and opportunity We need house
keys not handcuffs This proposed policy is racist and must be rejected'
Courtney M Echols, M.A.
Pronouns she/her/hers
J D. Candidate I Class of 2023
Ph.D. Candidate I Criminology. Law & Society I Race & Justice Emphasis
University of California, Irvine located on Acjachemen and Tongva land
www CourtnevMEchols com
"It is our duty to fight for freedom."-Assata Shakur
SUPPLEMENTAL
COMMUNICATION
Deb:—
Switzer, Donna
From: Fikes, Cathy
Sent: Tuesday, February 16, 2021 9:24 AM
To: Agenda Alerts
Subject: FW: File 21-OS2
From:michaelwauschek<michaelwauschek@yahoo.com>
Sent:Tuesday, February 16,2021 3:31 AM
To:CITY COUNCIL<city.council@surfcity-hb.org>
Subject: File 21-052
Hello i am a concern citizen i visit your city pretty often how come you we hear to help the homeless that you
created a shelter for them so rhey can get the proper help they need then at the sametime you totally against
them. Instead of wasting time on the ordnance to not allow them to their personal items in public but instead
have something that they can storage it for them.
Sent from my Metro By T-Mobile 4G LTE Android Device
SUPPLEMENTAL
COMMUNICATION
Meetlrtg Dam:.,_ �//LO/202/
Agenda Urn No.. �9���" 052)
Switzer, Donna
From: Fikes, Cathy
Sent: Tuesday, February 16, 2021 9:34 AM
To: Agenda Alerts
Subject: FW: City Council Meeting 2/16 Public Comment
From: Dylan Boyle <dboyle618@gmail.com>
Sent: Monday, February 15, 2021 8:47 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: City Council Meeting 2/16 Public Comment
HB City Council.
My name is Dylan and I am a concerned resident wanting to address agenda item 19 on
the proposed Ordinance 4228 Huntington Beach does not need this law and I do not
want this law It is merely a broad sweeping attempt to further criminalize unhoused
neighbors of the city and will most definitely target Black and disabled people Not only
is this clearly an attempt to target marginalized groups, the language of this law makes
it so that a teen setting a backpack down to go play basketball at the park or an elderly
woman leaving a grocery cart aside to use the public restroom will be committing a
misdemeanor It is ridiculous and unnecessary
Thank you.
Dylan
SUPPLEMENTAL
COMMUNICATION
Meeting Dete.___02 140 O4
agenda ram No.: I`1 ��I' DS Z)
t
Switzer, Donna
From: Fikes, Cathy
Sent: Tuesday, February 16, 2021 9:35 AM SUPPLEMENTAL
To: Agenda Alerts
Subject: FW: Public comment COMMUNICATION
meeting Data.._
From: Quiyarra Mccahey <gmccahey@lawnet.uci.edu>
agerae Warn Mo.:
Sent: Monday, February 15, 2021 7:56 PM
To: SupplementalComm@surfcityhb.org; CITY COUNCIL <city.council@surfcity-hb.org>
Subject: Public comment
Hello,
write to oppose the city ordinance outlawing people keeping personal belongings on public property, a blatant
target on homeless people and an unconstitutional abuse of power.
First, the rest of the Country is moving to decriminalize poverty, reduce racists results of this type of law, and
seek real solutions while HB is threatening to double down on bad policy. Cahoots in Eugene Oregon saves
millions of dollars and lives by sending EMTs and caseworkers instead of police on homeless and mental health
dispatch calls. Denver just found that in its pilot sending EMT/social workers instead of police saved money,
resulted in no arrests, and helped people. Even Anaheim is working a pilot project of sending CityNet without
police on homeless and mental health related dispatch calls to save money and lives. Yet, this law would create
yet more barriers to housing instead of less and risk re-traumatizing our most vulnerable instead of helping.
Second, we are in the midst of a deadly pandemic. The CDC and state and FEMA have all been very clear. The
best possible thing to do is have people without homes "shelter" in place or provide non-congregate options like
hotels and motels. HB is not doing either of those. By shuffling people around, HB is going to increase the
spread of covid. When the only "alternative" is a congregate shelter where beds and chairs are not even 6 feet
apart, it is cruel and inhumane to force scared people into that space knowing all the OC shelters have regular
covid outbreaks. So,any potential action should not even be on the table until the whole county is vaccinated.
Third, this law violated CEQA. It is clear that the intended impact will be to scatter people and leave them
further exposed to the elements. Without a detailed environmental impact report on the results,this law does not
fit any CEQA exception and endangers the environment.
Last, it is going to fail in a lawsuit. The 9th Circuit has been clear that you cannot seize and destroy belongings
from homeless people. You need to give notice, store, and return. Even when there is a law against it. Certainly
a court would never allow a city to go even further to ARREST people for simply having their belongings.
Especially those who have nowhere else to put them.
Instead of having police drive housing policy, the City COULD invest in housing and healthcare. Demand that
the County do it's part and start serving those with serious mental health conditions. Demand access to the
FEMA money (through the county)to get non-congregate options. And partner with Wound Walk and
Churches to get people the help them need before the Covid evictions double the number of homeless people
without forcing anyone into the covid-petri-dish shelter. Especially those who are high risk of dying if they get
r
covid. This would save the city money on policing social issues, hold the county accountable, and save the city
money on losing lawsuits. It would also save lives and better serve the community.
2
Switzer, Donna
From: Fikes, Cathy
Sent: Tuesday, February 16, 2021 9:36 AM
To: Agenda Alerts
Subject: FW: City Council Meeting 2/16 public comment
From: Chelsea Drake <cdrake1221@yahoo.com>
Sent: Monday, February 15, 2021 7:41 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: City Council Meeting 2/16 public comment
HB City Council,
My name is Chelsea and I am a concerned resident wanting to address agenda item 19 on the
proposed Ordinance 4228 Huntington Beach does not need this law and I do not want this law. It is
merely a broad sweeping attempt to further criminalize unhoused neighbors of the city and will most
definitely target Black and disabled people Not only is this clearly an attempt to target marginalized
groups, the language of this law makes it so that a teen setting a backpack down to go play
basketball at the park or an elderly woman leaving a grocery cart aside to use the public restroom will
be committing a misdemeanor. It is ridiculous and unnecessary
Thank you.
Chelsea
SUPPLEMENTAL
COMMUNICATION
M&*V Dale. o)41401o2 1
Apende n.m No.: /9107/— 052)
1
Switzer, Donna
From: michele musacchio <synapsisgenetics@icloud.com>
Sent: Tuesday, February 16, 2021 2:06 PM
To: supplementalcomm@surfcity-hb.org
Subject: Opposition to Ordinance No.4228 amendment, Item number 19 on tonight's agenda
To the Council:
Thank you for taking my e-comment. I write respectfully yet in extreme opposition to agenda item 19.This ordinance
only adds to the many laws already in place to move people who are experiencing homelessness out of the area. What is
happening now is not something that an extra ordinance can fix. Please show me that you understand the problem of
homelessness and do not exact these new punitive measures on people who are already having it hard, harder than any
public crisis that has ever hit Orange County. Older people cannot go into congregate shelters with COVID as a threat.
You must not be asking people who temporarily leave an item outside of a store to go purchase the essentials for living,
only to come back out again and get a ticket or fine or even worse. This is not how Huntington Beach shows its
humanity. Please vote NO on 19.
Sincerely,
M. Hughes
1
ORDINANCE NO. 4228
13.10.042 Impounding Personal Property after Closure
Notwithstanding Section 13.10.041, any Stored Personal Property located in any area that
is posted with conspicuous signs indicating the area is closed to the public may be
immediately impounded without notice. The posted signs must contain language
indicating that all Stored Personal Property found during the hours therarea is closed will
be impounded. "file sign shall describe where the Stored Personal Property will be stored,
including a telephone number and the address where a person may receive information
regarding how to recover the Personal Property.
13.10.043 Storage and Disposal of Impounded Personal Property
A. Stored Personal Property that is impounded.pursuant to this Chapter shall be
stored by the City for a period of ninety (.90) days. If the owner of the Stored
Personal Property is reasonably ascertainable, the Police Chief. or his or her
designee, shall promptly notify the owner of the procedure to claim his or her
Personal Property.
B. The Police Chief. or his or her/desigmee shall return the Stored Personal Property
to its owner upon presentation of satisfactory evidence of ownership.
C. In the event the Stored Personal Property is not claimed within ninety (90) days, it
may be subject to disposition as provided in Huntington Beach Municipal Code
(FIBMC) Chapter A6.
13.10.044 Dangerous or Perishable Stored Personal Property
Subject to the provisions of Section 13.10.041 and 13.10.042, Stored Personal Property
may be dispose/of-immediately and without notice, in a manner that the Chief of Police
determines to be in the public interest, when such Stored Personal Property is perishable,
contaminated/with feces, urine or bodily fluid, infested with insects, contaminated with
mold or mildew, constitutes an immediate danger to the public health or safety, or is
infectious waste as defined in FIBMC Section 8.21.040.
SECTION 3. Section 13.10.090 is hereby repealed in its entirety and replaced to read as
follows:
13.10.090 Violations, Penalties and Enforcement
Notwithstanding any other provision in this Code, each violation of the provisions of this
Chapter i�ay e enforced alternatively as ()Ptan infraction at the discretion
of the City Attorney, or the City Attorney m� institute an action in any court of
competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation
of the provisions ofthis Chapter.
SECTION 4. This Ordinance shall become effective 30 days after its adoption.
3
20-9045/235683/SFF
immediate threat to the public health or safety,or is infectious waste as defined at in HBMC
Section 811.040.
13,10.090 Violations. Penalties and Enforcement
Notwithstanding an) ether provision in this Codc each �iolation of the provisions of this Chapter
be enforced ahernati%el) as a��n infraction at the discretion of the Cit;
orney,or the C it} Attorney may institute an aefio�spurt of cpmpctent jurisdiction to
mstrain,enjoin or abate the condition(s) found to b€�n�lation of the provisions of this Chapter.
20-9045/238104
Huntington Beach Wave PROOF OF PUBLICATION
2190 S. Towne Centre Place Suite 100
Anaheim, CA 92806 Legal No. 0011447143
714-796-2209 H.B.wove
PUBLISH DATE: 3'I Vd021
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO.4228
5190751 Adopted by the City Council on March 1,2021
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMEND-
HUNTINGTON BEACH, CITY OF ING CHAPTER 13.10 OF THE HUNTINGTON BEACH MUNICPAL
CODE PROHIBITING THE STORAGE OF PERSONAL PROPERTY ON
CITY CLERK DEPARTMENT PUBLIC OR PRIVATE PROPERTY"
2000 MAIN ST SYNOPSIS:
HUNTINGTON BEACH, CA 92648-2763 Ordinance No. 4228 revised HBMC Chapter 13.10 related to the storage of
Property providing much-needed clarity and procedures to allow for the
lawful Collection, temporary Preservation, and Prompt return of property
to its Owners, and Provides a tool to Preserve limited Public spaces for
their safe and enjoyable intended uses.
FILE NO. ORDINANCE NO. 4228 Asummary of the changes are as follows:
Added definition for"Stored Personal Property;"
AFFIDAVIT OF PUBLICATION Added pertyo Public and
to Section Property;
040-Storage of Personal
Property ti Public and Private Property;
Added Section 13.10.04 -Impounding Stored Personal Property;
Added Section 13.10.042-Impounding Personal Property after Closure;
STATE OF CALIFORNIA. Added Section 13.10.042-Storage and Disposal of Impounded Personal
Property;
$$, Added Section 13.10.044-Dangerous or Perishable Stored Personal
Property;and
County of Orange Added additional language to Section 13.10.090-Violations-Pena Itv.
COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY
CLERK'S OFFICE.
PASSED AND ADOPTED by the City Council of the City of Huntington
I am a citizen of the United States and a resident of the Beach at a regular meeting held February 1, 2021 by the following roll
call vote:
County aforesaid, I am over the age of eighteen years, and AYES: Kalmick,Ortiz,Carr, Posey,Moser,Delgleize
not a party to or interested in the above entitled matter. I
am the principal clerk of the Huntington Beach Wave, a NOES: Peterson
newspaper that has been adjudged to be a newspaper of ABSENT: None
general circulation by the Superior Court of the County of
Orange, State of California, on July 1, 1998, Case No. This ordinance is effective March 31,2021.
A-185906 in and for the City of Huntington Beach, County CITY OF HUNTINGTON 000 MAIN STREET BEACH
of Orange, State of California; that the notice, of which the HUNTINGTON BEACH,CA 92648
714-536-5227
annexed is a true printed copy, has been published in ROBIN ESTANISLAU,CITY CLERK
each regular and entire issue of said newspaper and not in Published Huntington Beach Wove March 11,2021 11447143
any supplement thereof on the following dates, to wit:
03/11/2021
1 certify (or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true
and correct:
Executed at Anaheim, Orange County, California, on
Date: March 11, 2021.
C, ,1 Uoaj
Signature
un,iViv+e 1