HomeMy WebLinkAboutFernhill Owners Community Association #1 - Petition CVC 2110 6_ y
RESOLUTION N0. 5654
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DECLARING THE PRIVATELY-OWNED STREETS
IN THE FERNHILL OWNERS COMMUNITY ASSOCIATION #1
SUBJECT TO PROVISIONS OF STATE VEHICLE CODE
WHEREAS, there has been filed with the City of Huntington
Beach a petition, signed by a majority of owners of the roads in
the Fernhill Owners Community Association #1, Tract 5430, City of
Huntington Beach, County of Orange, State of California, request-
ing this Council to declare the privately-owned streets in such
tract to be subject to the provisions of the California Vehicle
Code; and
Pursuant to California Vehicle Code § 21107. 7, a public
hearing was had before this Council after ten days ' written notice
duly served on all owners of such roads ; and
The City Council finds that those streets and roads within
such Fernhill Owners Community Association #1 , including the
following streets :
Overland Drive Canyon Lane
Coach Lane Bonanza Drive
Ruby Circle Red Rock Circle
Agate Circle Diamond Drive
Flagg Lane Warner Avenue (Service Road)
are privately-owned and maintained and not generally open to the
public for purposes of vehicular travel , but by reason of the
proximity to and the connection with highways, the interests of
residents residing along such roads and the motoring public will
best be served by an application of the provisions of the Cali-
fornia Vehicle Code to such roads ; and
The Fernhill Owners Community Association #1 has agreed to
purchase and install the signs required by California Vehicle Code
§ 21107. 7 at no expense to the city,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that it finds and declares that the
privately-owned and maintained roads in FernhillCommunity
1 .
r
Association #1, Tract 5430, namely those streets and roads located
within the Fernhill development, are hereby subject to application
of the provisions of the California Vehicle Code.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 21st
day of April 1986.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Ct C L� City Aktorney 9. ��-y
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrat / Chief Vlice
2.
Res. No. 5654
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNT INGTON BEACH )
I , ALICIA M. WEN7VORTH, 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 more than a majority of all the members of said City Council
at a regular meeting thereof held on the 21st day
of April 19 86 by the following vote:
AYES: Councilmen:
Kelly, MacAllister, Finley, Mandic, Green, Thomas
NOES: Councilmen:
None
ABSENT_ : Councilmen:
Bailey
i
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington beach, California
J. CITY OF HUNTINGTON
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
April 22, 1986
H. M. Cain
16865 Canyon Lane
Huntington Beach, CA 92647
The City Council of the City of Huntington Beach on April 21, 1986 adopted
Resolution No. 5654 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUTNINGTON BEACH DECLARING THE PRIVATELY-OWNED STREETS IN THE FERNHILL
OWNERS COMMUNITY ASSOCIATION #1 SUBJECT TO PROVISIONS OF STATE VEHICLE CODE"
Please contact the Police Department for further information.
Alicia M. Wentworth
City Clerk
AMW:CB:js
cc: Chief Robitaille, Police Department
Captain Price, Police Department
(Telephone: 714536-5227)
Aut4rtt.,'Pato PuDlrah AdvdUeerrssnte of gIt cnda w4tudtr+g public
not4y�;� tr, boc►ee of the Superior Co f O►snps County,
Calffo,-nis. !dumber A-6214. dated 24 tuber. 1961. and
A-24631. dated 11 June. 1963
STATE OF CALIFORNIA
County of Orange
� Q v " T prom APPAPYF.I) DY CITY
1 19X—L
I am a Citizen of the United States and a resident of
the County aforesaid- I am over the age of eighteen - CITY CL K
years, and not a party to or interested in the below _
entitled matter. I am a principal clerk of the Orange
Coast DAILY PILOT, with which is combined the
NEWS-PRESS, a newspaper of general circulation, PUBLIC NOTICE
printed and published in the City of Costa Mesa, NOTICE OF
PUBLIC HEARING
County of Orange, State of California, and that a FERNHILL OWNERS COM-
P U B L I C HEARING �MUNITY ASSOCIATION#1
Notice of PETITION FOR APPLI-
CATION OF CVC SECTION _.
21107.7 TO. PRIVATE
2STREETS FOR VEHICLE
VIOLATION ENFORCE-
MENT BY THE HUNT-
of which copy attached hereto is a true and complete INGTON BEACH POLICE
DEPARTMENT
copy, was printed and published In the Costa Mesa, NOTICE HEREBY
GIVEN that a p public hearing
i held by City Coun-
New ort Beach. Huntington Beach, Fountain Valley• cil of the City of Huntington
Irvine, the South Coast communities and Laguna Chambern ofh un the oCl Civic`
Beach issues of said newspaper for 1 time aetherho r ington onte, f:30 P.M., or
as soon thereafter as poss-
consecutive weeks to wit the issue(s) of ible on Monday the 21st day
of April, 1986 for the
purpose of considering a
petition for application of
Section 21107.7 of the State
of California Vehicle Code to
all streets within The Fernhill
April 8 198 6 Owners Community As-
sociation#1,Lots 1-121 in-
clusive Tract 5430, and
more particularly including
19$ the following streets: Over-
land Drive, Coast Lane,
Ruby Circle, Agate Circle,
Flagg_Lane, Caynon Lane,
19$ Bonanza Drive, Red Rock
Circle, Diamond Drive,
Warner Avenue (Service
Road).
1 9$ All interested persons are
Invited to attend said hear-
ing and express their
opinions for or against said
petition For Vehicle Code Vi-
198 olation Enforcement By The
Huntington Beach Police
Department. Further infor-
mation may be obtained
from the Office of the City
I declare, under penalty of perjury, that the Clerk, 2000 Main Street,
Huntington Beach, Cali-
foregoing is true and correct. fornia. 92648 - (714)
536-5227.
DATED:4/4/86
CITY OF HUNTINGTON
BEACH, By: Alicia M.
Executed on Apr a l 1 0 r 198 6 Wentworth,City Clerk
Published Orange Coast
at Costa Mesa, Call rnia. Daily Pilot April 8, 1986
T-134
/(
!vl
Signature
0
t Publish - 4/8/86
NOTICE OF PUBLIC HEARING
FERNHILL OWNERS COMMUNITY ASSOCIATION #1 PETITION
FOR
APPLICATION OF CVC SECTION 21107 .7 TO PRIVATE STREETS FOR `
VEHICLE VIOLATION ENFORCEMENT BY THE HUNTINGTON BEACH POLICE
DEPARTM&NT
NOTICE IS HERBY GIVEN that a public hearing will be held by the
City Council of the City of Huntington Beach, in the Council
Chamber of the Civic Center, Huntington Beach, at the hour q.f
7 : 3 0 P .M. , or as soon thereafter as possible on Monday-
the ?lit
day of April, 1986 for the purpose of considering a petition for
application of Section 21107 . 7 of the State of California Vehicle
Code to all streets within The Fernhill Owners Community
Association 41, Lots 1-121 inclusive Tract 5430, and more
particularly including the following streets:
Overland Drive Caynon Lane
Coach Lane Bonanza Drive
Ruby Circle Red Rock Circle
Agate Circle Diamond Drive
Flagg Lane Warner Avenue (Service Road)
All intrested persons are invited to attend said hearing and
express their opinions for or against said petition For Vehicle
Code Violation Enforcement By The Huntington Beach Police
Department. Further information may be obtained from the Office
OIL the City Clerk, 2000 Main Street, Huntington Beach,
California. 92648 - ( 714) 536-5227
DATED 4/4/86 CITY OF HUNTINGTON BEACH
By: Alicia M. Wentworth
City Clerk
rw •
OTHERS ICIUMMUNO ASSOC. �l
,N ✓nk a�
A PLANNED DEVELOPMENT
Informal Petition Requesting That an Ordinance be
Enacted that Certain Privately Owned, Undedicated
Roads are Subject to Provisions of the California
Vehicle Code.
January 14, 1986
To: Honorable Mayor Robert Mandic and Members of the Huntington
Beach City Council
Petitioners, FERNHILL HOMEOWNERS ' ASSOCIATION is the
homeowner's association for a condominium complex located at the
northwest corner of Graham and Warner in Huntington Beach, California,
and commomly known as "FERNHILL. "
Several roads in the project are undedicated roads that make
up part of a commom area that is owned jointly by all of the homeowners.
As undedicated roads; they are not subject to the rules and regulations
of the California Vehicle Code. Frequent violations of the Vehicle
Code occur on said roads on a continuing basis. Violations such as
speeding, reckless driving and illegal parking are commomplace. Such
activity constitutes a danger to the public safety and can only be
curtailed by adequate police enforcement. In order to obtain policez
enforcement and the posting of customary speedllxlinit signs, it is
necessary for the City Council of the City of Huntington Beach to
-1-
declare that said roads are the type defined in California Vehicle
Code Section 22107 . 7 (a) .
On Monday, January 13 , 1986 , the annual meeting of the
FERNHILL HOMEOWNERS ' ASSOCIATION was held. Several days prior to
this meeting (more than 10) a notice was distributed to all property
owners in the complex notifying them of the proposal to seek police
enforcement of the vehicle code within the boundaries of FERNHILL.
At the meeting an informal petition of the membership was conducted
regarding the issue. The results of that petition was an affirmation
of the request for the ordinance by a substantial majority of the
total number of property owners within the FERNHILL complex.
WHEREFORE, petitioners respectfully request that certain roads
within the confines of the condominium project be declared to be
those types of roads described in California Vehicle Code Section
22107 . 7 (a) and as such, subject to the rules and regulations of the
Vehicle Code.
The roads which petitions request be declared subject to
California Vehicle Code Section 22107 . 7 (a) are as follows :
Overland Drive Canyon Lane
Coach Lane Bonanza Drive
Ruby Circle Red Rock Circle
Agate Circle Diamond Drive
Flagg Lane Warner Avenue (Service Road)
-2-
Attached hereto as Exhibit "A" is a diagram indicating the
roads for which the declaration pursuant to California Vehicle Code
Section 21107.7( a) is requested.
Respectfully submitted
FERNHILL HOMEOWNERS ' ASSOCIATION
by;
Vice Chairman, Board of Gove nors
Secretary
i
-3-
28 127 26, 125. 24, 23 22 21 2.0 11� 1.8 I7 16 15 14 " 3 12 11 10 9,. 8 7
29 - N5
30
d
3 2 'w it .;y. � ^r" `�i.: ..i�•` t� • � ;A.'T,p,�.dl.
33 ,
Y <i
r
35 'qp��R..L}4 t v �44 •• �� • � � �� �y t ?�� i ' i
F^ .���ly� � d �lrWS'C� v({{ t1 s i '�•� g,,y ,f• 11 1.
,nS w, .1a .,.�.L M.►. '•�W x y,:.} f i�lyo't "`Y �,i j, r r 4`�yf -,v.►x ):r. iY :y• • F _ 9
y�-. � ffy:..� � f '. 4- ��`� '•r �'•F �r ;,:aS y,ti,. '. ts4 4 :;.. �� �•q��\srY '� 4 3�`c"'l�, *Y?'�"�4 ;11t �y";-�Y
37
36: ,x �, L"�'„ - . , . �� i ��X •,a `�,, x. .t 1 1 �' ti�y x7e � �
• �...- �Ss�'.. �- ,. f �„ ::4C • �, *�t7ts�t:� L ��� �r :�iz:.s�e,�. .1,: wow, ,..w-_ �ra�
39 ,: • L. . ,, r :
4-0
f • ,� sr
42
Mid43 ? .
44
�' �,.+w,,. � ��.1L�F'�o7.'ir+tie'�C.SSL.r e: a <..G;r:il,a..rir1..,,.1.. ,�i_ .'.r.. ., r •,cy :> a .�M's. � '�
R,e..+C'-.s"...r� ,-i�:.:�.e,t..-hau•�•f� „.�< ,r „�,.!-:.nt. ).-s:.'�=' ,#+ .N.Ii)..�fa":•ir..�".N_ •F�eb. s"+�..x c� :Y.'sa1..�li✓`.-'.`af' �e�... .,.�
REQUILST FOR CITY COUN�AL ACTION
Date April 10 , 1986
Submitted to: Honorable Mayor and City Council Members
Submitted by: Charles W. Thompson, City Administra oq s
Prepared by: Earle W. Robitaille , Chief of Police
v
Subject: CALIFORNIA VEHICLE CODE ENFORCEMENT ON PRIVATE STREETS
OF THE FERNHILL PRIVATE DEVELOPMENT
Consistent with Council Policy? DA Yes [ ] New Policy or Exception �(I tesW
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: ' /S
STATEMENT OF ISSUE
A request by the Fernhill Homeowner ' s Association for the enforcement of
the provisions. of the California Vehicle Code on their privately owned
undedicated streets pursuant to authority of Section 21107 . 7 (a) CVC .
RECOMMENDED ACTION '
Approve resolution
ANALYSIS
It has routinely been the policy of ,the Police Department to recommend
denial of requests such as this based on manpower shortages due to
budgetary problems . These shortages have partially been eliminated with
increased staffing. Because of this increased staffing, coupled with relative
small size of the Fernhill complex, the additional workload generated with
the approval of the resolution can be absorbed at the present time.
By approving this resolution, the police department would have the power
and authority to handle traffic problems within this complex. This would
result in increased traffic safety within this area as the drivers would
be bound by all provisions of the California Vehicle Code. The lack of
enforcement has apparently been a problem in the area as the Homeowners
Association expressed concern in their petition.
ALTERNATIVE
Deny the requested resolution.
FUNDING SOURCE
Does not apply.
ATTACHMENT
(1) Resolution TG.
(2) Request by Fernhill Homeowner ' s Association.
i
PIO 4/84
f
CITY OF 1-IUNT1NGTON BEACH
INTER-DEPARTMENT COMMU ATION
HUNTINGTON BEACH
To CITY CLERK From ARTHUR DE LA LOZA
Deputy City Attorney
Subject FERNHILL Date April 10, 1986
Please file the attached proof of service of notice of hearing.
ADL:ps
Attachment
v f. z_-
y . OWNERS COMMUNITY ASSOC. #1
A PLANNED DEVELOPMENT
i
April 4 , 1986
'f
TO: All Fernhill Property Owners
FROM: Fernhill Board of Governors
SUBJECT : Huntington Beach Police Department Enforcement
of Traffic Laws in Fernhill
The resolution requesting the above subject action
will come before the Huntington Beach City Council
meeting on April 21 , 1986 .
H. M. Cain, Chairman
Fernhill Board of Governors
I
)
STATE OF CALIFORNIA:' }ss.
a COUNTY OF orange )
o On Apr i 1 8 1986 before me,the undersigned,a Notary Public in and for
U
said State,personally appeared Morris rain
i=
c
m
U 1} Af
i personally known to me(or proved to me on the basis of satis-
LL
/ //
factory evidence)to be the persor�s�}whose name(s)is/Xvbrsub-
scribed to the within instrument and acknowledged to me that :; QFF!ClAL SEAL
44�' JUNNE BAKER
5 he#�'L h,''o executed the same. NOii9R7 IBLiC-CAUFORNiA
}V PRACIPAL OFFICE IN
:kW r
WITNESS my hand and official seal. _^ fRANGE COUNTY
My COMM.Fx VMS November 12,1983
M 5ignatur (This area for official notarial seal)
Jeanne Baker
TO: Art De La Loza, Deputy City Attorney
FROM: Morris Cain, Chairman, Fernhill Board of Governors
On April 1986 , I caused to be delivered a notice
to every property owner' s residence in Fernhill , a
notification advising them the request for police
enforcement of traffic laws in Fernhill will be
heard by the Huntington Beach City Council on
April 21st .
Sworn under penalty of perjur\" ti,,�
J� CITY OF FAUN T'ING T ON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
March 24, 1986
Fernhill Homeowners' Association
c/o Captain Price
Huntington Beach Police Dept.
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
A public hearing on your petition for application of CVC Section 21107.7
of the State of California Vehicle Code to the streets in your complex
is scheduled for the April 21, 1986 Council meeting. The meetings begin
at 7:30 P.M. in the Council Chamber, Civic Center, 2000 Main Street.
A City Council agenda and supporting staff report on your item will be
available approximately April 17, 1986.
If you have any questions, please call our office - 536-5404.
Alicia M. Wentworth
City Clerk
AMW:CB:js
(Telephone: 714-536.5227
JA & CITY OF HUNTINGTON BEACH
re" INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To ALICA WENTWORTH From
City .Clerk ARTHUR DE LA LOZA
Deputy City Attorney
Subject CVC 21107. 7 Petition Date March 25 , 1986
Attached is the above per your request.
ARTHUR DE LA LOZA
Deputy City Attorney
Enclosure
NOTICE OF PUBLIC HEARING
FERNHILL OWNERS COMMUNITY ASSOCIATION #1 PETITION
FOR
APPLICATION OF CVC SECTION 21107.7 TO PRIVATE STREETS FOR
VEHICLE VIOLATION ENFORCEMENT BY THE HUNTINGTON BEACH POLICE
DEPARTMENT
NOTICE IS HERBY GIVEN that a public hearing will be held by the
City Council of the City of Huntington Beach, in the Council
Chamber of the Civic Center, Huntington Beach, at the hour of
7z30 ' P.M. , or as soon thereafter as possible on Tuesday the 15th
day of April, 1986 for the purpose of considering a petition for
application of Section 21107.7 of the State of California Vehicle
Code to all streets within The Fernhill Owners Community
Association #1, Lots 1-121 inclusive Tract 5430, and more
particularly including the following streets:
Overland Drive Caynon Lane
Coach Lane Bonanza Drive
Ruby Circle Red Rock Circle
Agate Circle Diamond Drive
Flagg Lane Warner Avenue (Service Road)
All intrested persons are invited to attend said hearing and
express their opinions for or against said petition For Vehicle
Code Violation Enforcement By The Huntington Beach Police
Department. Further information may be obtained from the Office
of the City Clerk, 2000 Main Street, Huntington Beach,
California. 92648 - ( 714) 536-5227
DATED - CITY OF HUNTINGTON BEACH
By: Alicia M. Wentworth
City Clerk
JJ r1
To Rich Barnard, Bdmin Wj'' ,
Attached i c an Informal ftion tf tomi thg Pernhi l l
iners Can aiani tit As, #i Nu Corner of graham/',+arnpr
for application of CVC 6ection 21107.7 of the State
California Vehicle Code. Ile received the petition J
from the Police Dept and have given then a copy of
a similar request by Beachwalk which vias approved b �
y
Council (attached). We have attached the Beachwalk
material for your i nformtti on also. We will tentati vel,
schedule the public hearing for 4J,-7-/86. (Please let
DUPLICATE us kno,'KjdPAjghi n the next week if this
is not appropriate as we will be notifying the Assn.
of the eMri„q date. -----
Co nni Cl prk a s O ff-i ce x5406
cc. Chief Rahitaillp
City Attorney
i
w.
Date Signed
Rodifprm
4S 465 SEND PARTS 7 AND 3 WITH CARBONS INTACT.
Poly Pak(50 sets)4P465 PART 3 WILL BE RETURNED WITH REPLY.
J
CITY OF HUNTINGTON BEACH. white city Attorney
REQUEST FOR LEGAL SERVICES Canary City Clerk
�- Pink City Administrator
HUNTINGTON Goldenrod Departmental
BEACH
Date Request'Made By {} ,� r" Department
� -
4JUJ86 E. W. ROBITAIL�t Chief Pot:-ce
INSTRUCTIONS: File request in the City Attorney's Office as soon as possible. Print or type facts necessary for City Attorney.Out-
line briefly reasons for the request.Attach all information and exhibits pertinent to the subject.
Type of Legal Service Requested:
[ ] Ordinance [ ] Insurance I l Other
[<` K Resolution , - [ ] , Bonds
[ ] Contract/Agreement [ I Opinion
All exhibits must be attached,or this request will be returned to you.
[41 Exhibits Attached
Prepate 'Resoiution re California Vehicle Code Enforcement on
.. . Private Streets of the Fernhill Private Development, as per
sample attached
NOTE: Art De La Loza is familiar with this matter.
Set for Public Hearing 4/21/86
If for Council Action, If not for Council action,desired completion date Signature:
Agenda deadline 4/11/66
Council meeting 4/21 /8 6
PIO 12/79