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City Council/Redevelopment Agency Agendas

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MEETING ASSISTANCE NOTICE - AMERICANS WITH DISABILITIES ACT
In accordance with the Americans with Disabilities Act the following services are available to members of our community who require special assistance to participate in City Council and Redevelopment Agency meetings. If you require, American Sign Language interpreters, a reader during the meeting, and/or large print agendas, to make arrangements, please call: Office of the City Clerk (714) 536-5227. To make arrangements for an assisted listening system (ALD) for the hearing impaired, please contact: the Sergeant at Arms (714) 536-5693 or the City Clerk (714) 536-5227.
72 hours prior notification will enable the city to make reasonable arrangements to ensure accessibility to a meeting.

AGENDA
CITY COUNCIL/REDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH

MONDAY, DECEMBER 20, 2004

4:00 P.M. - Room B-8
6:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648

4:00 P.M. - Room B-8 Call City Council/Redevelopment Agency Meeting to Order

Roll Call Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook

Pursuant to the Brown (Open Meetings) Act the City Clerk Announces Late Communications Received by Her Office Which Pertain to Items on the Agenda (1) The Brown (Open Meetings) Act requires that copies of late communications submitted by City Councilmembers or City Departments are to be made available to the public at the City Council meeting. (2) Late communications submitted by members of the public are to be made available to the public at the City Clerk's Office the morning after the Council meeting. (Late Communications are communications regarding agenda items that have been received by the City Clerk's Office following distribution of the agenda packet.)

Public Comments Regarding 4:00 P.M. Portion of Council Meeting - Study Session Items and Closed Session Agenda Items

(City Council/Redevelopment Agency) Study Session No. 1 - Presentation by the Fire Department Re: Ambulance Showcase (510.10)

An "Ambulance Showcase" has been scheduled by the Fire Department to demonstrate the progression it has made with respect to ambulance apparatus. Three ambulances will be on display outside the Council Chambers in the amphitheater, one of each type: van, van-modular and truck-modular.

(City Council) Study Session No. 2 - Joint Study Session between the City Council and the Investment Advisory Board (IAB) - Annual Report on Investments to the City Council (October 1, 2003 to September 30,2004) (110.10)

Roll Call - Investment Advisory Board - Bob Glass, Chair; Paul Arms; Ed Bush; Joe Foye; Edward Kerins; Diann Shelton; James Steinkirchner.

PowerPoint titled Joint Study Session IAB/City Council is included in the agenda packet.

Communication submitted by the Investment Advisory Board dated October 1, 2004 and titled City of Huntington Beach Investment Advisory Board (IAB) Annual Report to the City Council for the Period October 1, 2003 to September 30,2004 is included in the agenda packet.

Call Closed Session of City Council/Redevelopment Agency

Recommended Action: Motion to recess to Closed Session on the following items:

(City Council) Closed Session - Pursuant to Government Code Section 54957.6 to meet with its designated representatives: Agency Negotiators: Penelope Culbreth-Graft, City Administrator; Clay Martin, Director of Administrative Services; and Irma Youssefieh, Human Resources Manager regarding labor relations matters - meet and confer with the following employee organizations: MEO, MEA, PMA, FMA, HBPOA, HBFA, MSOA, SCLEA and Non-Associated. Subject: Labor Relations - Meet & Confer. (120.80)

The City Council and the Redevelopment Agency of the City of Huntington Beach will regularly convene in joint session for the purpose of considering the following City Council-Redevelopment Agency Agenda Items. The Huntington Beach Parking Authority, Civic Improvement Corporation, and the Huntington Beach Public Financing Authority are also agencies on which Council serves as members. On each Agenda these Agencies may have items scheduled. When an Agenda Item requires action by any of these Agencies, it will show in parenthesis preceding the item, for example (City Council-Redevelopment Agency).

6:00 P.M. - Council Chambers

Reconvene City Council/Redevelopment Agency Meeting

The City Attorney Shall Determine If Any Actions Taken By The City Council or Redevelopment Agency In Closed Session Shall Require A Reporting On Those Actions As Required By Law (Government Code ยง54957.1(a) (3) (B)).

Roll Call: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook

Pledge of Allegiance/Flag Salute - To be led by the Mayor

In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.

Invocation - To be determined by Mayor

Hello and welcome to the Huntington Beach City Council meeting. If you would like to address the Council, please fill out the pink public comment sheet attached to the agenda. After completing the form, hand it to the Sergeant at Arms and he will give it to the City Clerk. As a courtesy to those in attendance, I would ask that cellphones and pagers be turned off or set in their silent mode. Thank you.

Pursuant to the Brown (Open Meetings) Act the City Clerk Announces Late Communications Received by Her Office Which Pertain to Items on the Agenda (1) The Brown (Open Meetings) Act requires that copies of late communications submitted by City Councilmembers or City Departments are to be made available to the public at the City Council meeting. (2) Late communications submitted by members of the public are to be made available to the public at the City Clerk's Office the morning after the Council meeting. (Late Communications are communications regarding agenda items that have been received by the City Clerk's office following distribution of the agenda packet.)

Presentation - Judge Rick King to talk about the Orange County Grand Jury and announce the need for members. (160.40)

Mayor's Award - Mayor Jill Hardy to be joined by Police Chief Ken Small to present the Mayor's Award to an outstanding individual in the Police Department. (160.40)

B. PUBLIC COMMENTS

This is the time of the meeting for the Council to receive comments from the public regarding items of interest or agenda items OTHER than Public Hearings. Generally, Council will not enter into a dialogue during this period.

Pursuant to the Brown (Open Meeting) Act, the City Council may not discuss items unless they are on our agenda. So if you are speaking on an item not on the agenda, we cannot discuss the issue with you at this meeting. However, if you wish to meet with any of us please call the Council's Secretary at 714-536-5553. Thank you for taking the time to come to the council meeting to address the council. Councilmembers strive to treat members of the public with respect and we ask that you also express your concerns and opinions in a civil and respectful manner.

3 minutes per person, time may not be donated to others. No action can be taken by Council/Agency on this date unless agendized.

Complete the attached pink form and give to the Sergeant-At-Arms located near the speaker's podium.

C-1. Council Committee/Council Liaison Reports

C-1a. (City Council) Approve City Council Liaison Appointments for Citizen Boards, Commissions, Committees, and Task Forces for the Year 2005 (110.20 Communication from Mayor Jill Hardy transmitting the following Statement of Issue: Attached is the list of Council Liaison Assignments to Citizen Boards, Commissions, Committees, and Task Forces for 2005. Included in the list are those external regional bodies that are appointed by the City. I am submitting them to you for your review and approval.
Recommended Action: Motion to:
Approve the listing of City Council Liaison assignments as designated in the attached list titled City of Huntington Beach 2005 City Council Liaison Assignments Citizen Boards, Commissions, Committees, and Task Forces (Citizen Members Appointed to Four Year Terms).

C-2. City Administrator's Report

C-3. City Treasurer's Reports

C-3a. (City Council/Redevelopment Agency) - Adopt Council Resolution No. 2004-96 and Agency Resolution No. 354 - Approving and Adopting the Fiscal Year 2004/2005 Statement of Investment Policy - City Treasurer (310.20) Communication from the City Treasurer informing Council/Agency that the Treasurer of the local agency shall render an Annual Statement of Investment Policy to the legislative body for acceptance. The City Treasurer, with the assistance of the Investment Advisory Board, has prepared an updated investment policy.

Recommended Action: Motion to:
City Council Recommended Action: Motion to:
Approve and adopt Resolution No. 2004-96 of the City Council of the City of Huntington Beach, approving the 2004\2005 Investment Policy. - "A Resolution of the City Council of the City of Huntington Beach Approving the Statement of Investment Policy for 2004/2005."

and

Redevelopment Agency Recommended Action: Motion to: Approve and adopt Resolution No. 354 of the Redevelopment Agency of the City of Huntington Beach, approving the 2004/2005 Investment Policy. - "A Resolution of the Redevelopment Agency of the City of Huntington Beach Approving the Statement of Investment Policy for 2004/2005."

C-3b. (City Council) Review and Accept Shari Freidenrich, City Treasurer's October 2004 Investment Summary Report Titled City of Huntington Beach Summary of City Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity (310.20) Communication from City Treasurer Shari Freidenrich transmitting the Monthly Investment Report for October 2004.

Recommended Action: Motion to:
Review and accept the monthly investment report. Following review of the report, by motion of Council, accept the Monthly Investment Report Summary of Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for October 2004, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach.

Recess City Council/Redevelopment Agency Regular Meeting

Call Annual Meeting of Huntington Beach Public Financing Authority to Order (125.35)

Roll Call of the Huntington Beach Public Financing Authority Members Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook

Election of Officers - Motion to:
Elect Jill Hardy, Chair of the Huntington Beach Financing Authority; Dave Sullivan, Vice-Chair of the Huntington Beach Financing Authority and Joan L. Flynn, Secretary.

PFAApprove Public Financing Authority Minutes - Motion to:
Approve and adopt minutes of the December 15, 2003 Annual Meeting of the City Council/Redevelopment Agency/Public Financing Authority Meetings of the Huntington Beach Public Financing Authority as written and on file in the Office of the Secretary. Submitted by the Secretary.

Adjourn the Huntington Beach Public Financing Authority Meeting.

Mayor will reconvene City Council/Redevelopment Agency Regular Meeting

D. Public Hearings - None

E. CONSENT CALENDAR

All matters listed on the Consent Calendar are considered by the City Council 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.

E-1. (City Council/Redevelopment Agency) Minutes (120.65) - Approve and adopt the minutes of the City Council/Redevelopment Agency Regular Meetings of November 1, 2004, City Council Adjourned Regular Meeting of November 8, 2004, and City Council/Redevelopment Agency Regular Meetings of November 15, 2004, as written and on file in the Office of the City Clerk. Submitted by the City Clerk.

E-2. (City Council) Approve the Maddy Local Appointive List Act (Terms on City Boards, Committees, and Commissions Which Expire in 2005) Informing the Public of Openings and Vacancies Based on Expirations of Current Members' Terms (110.50) - Approve the Maddy Local Appointive List showing term vacancies, which will occur on city boards and commissions in the year 2005 and direct the City Clerk to post the list at the official posting locations (Civic Center, Huntington Central Library, Main Street Library). Copies of the Maddy Act will also be posted at all branch Libraries. Submitted by the City Clerk. Funding Source: Not applicable.

E-3. (City Council) Approve Budget Appropriation Revision to Backfill Key Positions in the Department of Building and Safety Re: Citywide Permit System Project (320.10) - Approve the transfer of $60,000 from the Citywide Permit System Project contract services account (30156001.69365) into the Department of Building and Safety temporary salary account for $20,000 (10055301.52000) and $40,000 to contract services account (10055301.69365) to backfill key positions. Submitted by the Building and Safety Director. Funding Source: Transfer funding from the Citywide Permit System Project into the Department of Building and Safety temporary salaries and contract services operating accounts.

E-4. (City Council) Approve Appointments to the Design Review Board of At-Large Members - Ed Kerins (Term to Expire December 31, 2008) and Kristin Stilton (Term to Expire December 31, 2006); and Alternate At-Large Member - William Crouch (Term to Expire December 31, 2008) (110.20) - Approve the appointments of Ed Kerins to the Design Board for a term to expire on December 31, 2008 and Kristin Stilton for a term to expire on December 31, 2006, as at-large members and William Crouch for a term to expire on December 31, 2008 as an alternate at-large member. Submitted by the Planning Director as recommended by Council liaisons Mayor Pro-Tem Dave Sullivan and Councilmember Cathy Green. Funding Source: Not applicable.

E-5. (City Council) Adopt Resolution No. 2004-97 Creating Temporary Part-Time Work Program (960 Program) and Amending the Memorandum of Understanding (MOU) Between the City of Huntington Beach and the Huntington Beach Police Officers' Association (HBPOA) (720.20) - Adopt Resolution 2004-97 - "A Resolution of the City Council of the City of Huntington Beach Modifying Benefits and Amending the Memorandum of Understanding Between the City of Huntington Beach and Huntington Beach Police Officers' Association." Submitted by the Chief of Police. Funding Source: The existing, approved budget can absorb the annual costs associated with this program. The funds are available in General Fund Accounts as follows; Uniform Division, Patrol Business Unit (10070201), Administrative Operations Division, Personnel Business Unit (10070109), and Investigations Division, Business Unit (10070203).

E-6. (City Council) Accept Bid and Award Construction Contract to Southern California Underground Contractors, Inc. for the Alabama Street Storm Drain Improvement Project; CC-1214 (600.60) - 1. Accept the lowest responsive and responsible bid submitted by Southern California Underground Contractors, Inc. in the amount of $988,474 for the Alabama Street Strom Drain Improvement Project, CC-1214; and 2. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the sample contract attached: and 3. Authorize the Director of Public Works to authorize change orders in an amount not to exceed fifteen percent (15%) of award. Submitted by the Public Works and Economic Development Directors. Funding Source: Grant funds for this project were awarded through the EPA grant and the Orange County Sanitation District's Cooperative Projects Program. Funds in the amount of $456,162 are available through a Community Development Block Grant and the balance of $404,402 is budgeted in account number 86588008.82600. The full cost of the project is budgeted in Sewer Service Fund, Sewer Line Improvements, 51189002.82600, where funds are available for expenditures in excess of the grant commitments. The engineer's estimate was $1,500,000.

E-7. (City Council) Approve the Release of Securities for Tract No. 15470 Located Six Hundred Feet North and East of the Intersection of Bolsa Chica Street and Warner Avenue, s/o Heil Avenue (Meadowlark Specific Plan) - Approve the Notice of Acceptance of Public Improvements (Developer, Catellus Residential Group, Inc.) (420.60) - 1. Accept the improvements constructed and dedicated for public use with Tract No. 15470; and 2. Accept Guarantee and Warranty Bond No. 929104326-W; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and 3. Release the Faithful Performance/Labor and Material Bond No. 929104326 and Monument Bond No. 929104327 pursuant to California Government Code Section No. 66499.7(a) (Attachment 2); and 4. Instruct the City Clerk to notify the developer, Catellus Residential Group, Inc., of this action and the City Treasurer to notify the Surety, National Fire Insurance Company of Hartford, of this action; and 5. Instruct the City Clerk to record the "Acceptance of Public Improvements" with the Orange County Recorder (Attachment 3). Submitted by the Public Works Director. Funding Source: Not Applicable.

E-8. (City Council) Approve Special Duty Pay for Public Works Interim Maintenance Operations Administrative Assignment (700.20) - Authorize special duty pay to Debra Jubinsky, Field Service Representative, of $2.29 per hour to continue through April 29, 2005, or until the Senior Administrative Analyst position is filled. Submitted by Public Works Director and Administrative Services Director. Funding Source: With the vacant Senior Administrative Analyst position, an overall savings of approximately $75,000 for the eleven-month period will be realized in Refuse Administration, 50485103.51000.

E-9. (City Council) Accept Bid and Award Construction Contract to R. J. Noble Company for Gothard Street Rehabilitation; CC-1154 (600.50) - 1. Accept the lowest responsive and responsible bid submitted by R. J. Noble Company, in the amount of $638,517.45 for Gothard Street Rehabilitation Improvements, CC-1154; and 2. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the sample contract attached. Submitted by the Public Works Director. Funding Source: Sufficient project funds have been budgeted in the Gas Tax, Arterial Rehabilitation, Street Improvements Account No. 20790008.82300. Grant funds in the amount of $190,923 are included in the budgeted funds. The engineer's preliminary estimate was $652,343.

E-10. (City Council) Approve Amendment No. 1 to Professional Services Contract between the City and Engineering Resources of Southern California, Inc. for Plan Check and Development Processing Staff for the Public Works Department (600.10) - Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the Agreement between the City of Huntington Beach and Engineering Resources of Southern California, Inc. for Plan Check and Development Process Services. Submitted by the Public Works Director. Funding Source: Funds in the amount of $350,000 are budgeted in Public Works Development, Professional Services, 10085251.69365. A Reimbursement Agreement with Verizon to provide needed funding was approved by the City Council on July 19, 2004.

E-11. (City Council) Receive and File Information Report Concerning Federal Emergency Management Agency (FEMA) Grant to Seismically Strengthen the Administration Building of City Hall (200.10) - Receive and File Report. Submitted by the Building and Safety Director. Funding Source: Not Applicable. (Staff to Return to Council at a Date Uncertain to Request Approval of a Grant Application for Matching Funds.)

E-12. (City Council) Approve Four As-Needed Environmental Professional Services Agreements on an On-Call Basis for Public Works Department from 1) Stearns, Conrad, and Schmidt Consulting Engineers Inc. dba SCS Engineers; 2) Geosyntec Consultants Inc.; 3) KOMEX H2O Science; and 4) GC Environmental, Inc. (600.10) - Approve and authorize the Mayor and City Clerk to execute the following: 1) Professional Services Contract Between the City of Huntington Beach and Stearns, Conrad and Schmidt Consulting Engineers, Inc. dba SCS Engineers for As Needed Environmental Engineering Services; and 2) Professional Services Contract Between the City of Huntington Beach and Geosyntec Consultants, Inc. for As Needed Environmental Engineering Services; and 3) Professional Services Contract Between the City of Huntington Beach and KOMEX H2O Science for As Needed Environmental Engineering Services; and 4) Professional Services Contract Between the City of Huntington Beach and GC Environmental, Inc. for As Needed Environmental Engineering Services. Submitted by the Public Works Director. Funding Source: Funds would be made available from currently budgeted programs. Additional Council authorization will be requested for unbudgeted projects, as necessary.

E-13. (City Council) Approve the Addition of a Contract Event Coordinator for the Fourth of July Celebration and Authorize Additional Budget Allocation (960.30) 1) Approve utilizing a contract event coordinator to help address the increasing complexity of the city's Fourth of July celebration, said contract not to exceed $16,000; and 2) Authorize an additional allocation of $16,000 from the Fourth of July Fund reserves into Contractual Services Account 20445803.69450 to cover hiring a contract event coordinator. Submitted by the Community Services Director. Funding Source: Fourth of July fund reserves.

E-14 (City Council) Approve Amendment to the City's Enrollment in a Microsoft Enterprise Agreement for External Funding (600.10) Approve and authorize the Acting Information Services Director to execute the attached Amendment No. 001 to the Microsoft State and Local Government Enterprise Enrollment. Submitted by the Interim Information Services Director. Funding Source. Microsoft will provide $30,000 in product support services or a like amount for the city toward services provided by one of the Microsoft partners for the implementation of the next generation Microsoft networks (Active Directory). $25,000 per the attached agreement (Attachment 1) plus an additional $5,000 from a second Microsoft funding source authorized in the attached email from Microsoft (Attachment 2).

F. Administrative Items - None

G. Ordinances

G-1. Ordinance for Adoption - None

G-2. Ordinances for Introduction

G-2a. Approve for Introduction Ordinance No. 3693 Amending Chapter 10.12 of the Huntington Beach Municipal Code Relating to Speed Limits (580.60) - Communication submitted by the Public Works Director transmitting the following Statement of Issue: The California Vehicle Code requires periodic review and updating of posted speed limits on various streets within the City to enable the Police Department to continue to use speed-measuring devices for enforcement. - Ordinance No. 3693 - "An Ordinance of the City of Huntington Beach Amending Chapter 10.12 of the Huntington Beach Municipal Code Relating to Speed Limits."

(The recommendation includes reaffirming current speed limits on 75 of the 80 surveyed street segments. Five mile per hour speed limit increases are recommended on the following street segments: 1) Atlanta Avenue from Newland to Magnolia-from 40 to 45 mph ; 2) Atlanta Avenue from Magnolia to Brookhurst-from 40 to 45 mph; 3) Garfield Avenue from Goldenwest to Main-from 40 to 45 mph; 4) Talbert Avenue from Gothard to Beach-from 40 to 45 mph; and 5) Yorktown Avenue from Beach to Newland-from 35 to 40 mph.) Recommended Action: After the City Clerk reads by title, approve for introduction Ordinance No. 3693, by roll call vote.

G-2b. Approve for Introduction Ordinance No. 3694 Amending Chapter 5.24 of the Huntington Beach Municipal Code Relating to Massage Establishments (570.10) - Ordinance No. 3694 - "An Ordinance of the City of Huntington Beach Amending Chapter 5.24 of the Huntington Beach Municipal Code Relating to Massage Establishments." Recommended Action: After the City Clerk reads by title, approve for introduction Ordinance No. 3694, by roll call vote.

G-2c. (City Council) Approve Zoning Text Amendment No. 03-01 with Findings for Approval - Approve for Introduction as Amended Ordinance No. 3692 Amending Chapters 203 and 230 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Relating to Definitions, and Fencing and Yards - Continued from Public Hearing at the November 15, 2004 Meeting (450.20) - Ordinance No. 3692 - "An Ordinance of the City of Huntington Beach Amending Huntington Beach Zoning and Subdivision Ordinance by Amending Section 203.06 and 230.88 Thereof Relating to Definitions and Fencing and Yards." Recommended Action: 1) Approve Zoning Text Amendment No. 03-01 with Findings for Approval; and 2) After the City Clerk reads by title, approve for introduction Ordinance No. 3692, by roll call vote.

Communications submitted by Joseph and Eleanor Nissim, Mike Palikan, and Stephen B. and Elizabeth Z. Rowell, M.D. are included in the agenda packet.

H. City Council/Redevelopment Agency Items

H-1a. Submitted By Councilmember Cathy Green

(City Council) Adopt Resolution No. 2004-98 Supporting the City of Anaheim in Their Effort to Keep the Name "Anaheim Angels" (100.10)

Communication from Councilmember Cathy Green transmitting the following Statement of Issue: The City of Anaheim is currently struggling with the new owner of the Anaheim Angels over whether that team should be identified as the "Anaheim Angels."
I, like most Orange County residents, take a great deal of pride in the fact that the Angels are an Orange County baseball team. Their identification as such has helped to give Orange County a national identity. This identity has, I believe, meant that tourists plan to visit Orange County as their primary destination, not just as a side trip on their visit to Los Angeles. As such, it is important that the cities of Orange County support Anaheim in its efforts. To that end, I am requesting your support for the attached resolution.

Recommended Action: Motion to:
Approve Resolution No. 2004-98, "A Resolution of the City Council of the City of Huntington Beach Supporting the City of Anaheim in Their Efforts to Keep the Name "Anaheim Angels" as the Name of the Anaheim Angels."

H-2a. Submitted By Councilmember Keith Bohr

(City Council) Direct City Attorney to Revise City's Sign Ordinance as it Relates to Political Signs (120.90) Communication from Councilmember Keith Bohr transmitting the following Statement of Issue: It seems every two years during the election season that many of our Huntington Beach residents grow more irritated by the ninety days of legally and illegally displayed political signs. Huntington Beach's current code allows political signs to be displayed 75 days before election and requires them to be removed no later than 15 days after the election.

After researching other Orange County cities' ordinances, I respectfully suggest that the City Council consider revising our ordinance by reducing the current 75 days to 45 days before election and reducing from 15 to 12 days the amount of time after election to remove all signs. This reduces by one-third the time Huntington Beach residents must view signs while still maintaining the candidate's freedom of speech and still allowing signs to go up before absentee ballots are distributed and cast. The 12 days to remove signs gives candidates and their supporters two full weekends to remove all their signs.

Recommended Action: Motion to:
Council direct the City Attorney to bring back to the Council a revised ordinance as outlined above for its consideration.

H-3a. Submitted By Councilmember Gil Coerper (City Council) Consider Alternatives for Fourth of July Staking Policies Relative to Huntington Beach Municipal Code 13.54 (960.30) Communication from Councilmember Gil Coerper transmitting the following Statement of Issue: During the workshop between the City Council and the 4th of July Executive Board, a number of issues regarding "staking" prior to and during the annual Fourth of July Parade were identified. There are questions as to:

1. Should the community be permitted to stake out an area on public property along the parade route?
2. When should the community be permitted to start staking out an area of the parade route?
3. Should staking out be allowed on the center median?
4. Should certain identified items of personal property be prohibited from being used for staking out?

A copy of Huntington Beach Municipal Code Section 13.54.200 is attached for your review.
Recommended Action:
I have discussed the staking out issue with the Police Department, members of the Fourth of July Board and other interested members of the community. After considering their input, I propose:

1. Staking out be permitted on public property, including the center median of Main Street, along the parade route only after 9:00 AM on the third of July. City staff will make reasonable effort to remove items used for staking out prior to this time.
2. The parade route be posted well in advanced with appropriate signage informing the public of the applicable staking out ordinances.
3. Tape or other material with adhesives be prohibited for use in staking out on any public property, including sidewalks, roadways, street signs and trees.
4. No materials or other items used for staking out shall block or interfere with any public roadway or sidewalk prior to 6:00 AM on the Fourth of July.
5. Staff make appropriate public notices advising of the staking out ordinance.

I look forward to discussing this item with you at the Council Meeting.

Council Comments - (Not Agendized)

At this time Councilmembers may report on items not specifically described on the agenda which are of interest to the community. No action or discussion may be taken except to provide staff direction to report back or to place the item on a future agenda.

Council/Agency Adjournment to Monday, January 3, 2005, at 4:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.

Council/Agency Agendas and Minutes are Available at No Charge to the Public at the City Clerk's Office, on the City's Website, Via Email, and Through Paid Subscription. Complete Agenda Packets are Available at the Central Library and Library Branches on Friday Prior to Meetings. Videotapes of Council Meetings are Available for Checkout at the Central Library at No Charge.

JOAN L. FLYNN, CITY CLERK
City of Huntington Beach
2000 Main Street - Second Floor
Huntington Beach, California 92648

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