HomeMy WebLinkAboutHUNTINGTON VIEW POINT - DEL WAY TOWNHOUSE - LA QUESTA RACQUE s
RESOLUTION NO. 4998
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DESIGNATING CERTAIN PRIVATELY-
OWNED AND MAINTAINED ROADS WITHIN THE CITY WHICH
ARE GENERALLY HELD OPEN TO THE PUBLIC FOR PUR-
POSES OF VEHICULAR TRAVEL TO SERVE PLANNED RESI-
DENTIAL DISTRICTS
WHEREAS, pursuant to authority granted in California
Vehicle Code section 21.107 . 7 , the City Council of the City of
Huntington Beach determines that those certain planned resi-
dential districts in the city of Huntington Beach, more particu-
larly described in Exhibits A through C, attached hereto and
made a part hereof , have areas of traffic congestion which are a
danger to vehicles and pedestrians and constitute obstructions
to emergency vehicles requiring the prohibition of parking; and
Written requests for the adoption of this resolution have
been received from the owners of each of the properties to which
this resolution will apply,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach as follows :
SECTION 1 . Pursuant to California Vehicle Code section
21107. 7, all provisions of the California Vehicle Code and
Huntington Beach Municipal Code Chapter 10. 40 shall apply to
those privately-owned and maintained roads shown on Exhibits A
through C, attached hereto and made a part hereof, and more
commonly known as :
( a) Del Way Townhouses , Delaware Street and Seventeenth
Street, (Exhibit A) ;
(b) La Questa Racquet Club, Delaware Street and Memphis
Avenue, (Exhibit B) ;
(c) Huntington View Point , Ellis Avenue and Chapel Lane ,
(Exhibit C) .
AF:ahb
5/11/81
1.
SECTION 2. This resolution shall not apply to any road de-
scribed in Exhibits A through C of this resolution when the
owner thereof has caused to be erected a notice of such size,
shape and color as to be readily legible during daylight hours
from a distance of one hundred (100) feet , which notice shall
state that the road is privately-owned and maintained and that
it is not subject to public traffic regulations and controls.
SECTIO14 3. Resolution No. 4532 and all resolutions in
conflict herewith are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 1st
day of June 1981 .
C • T
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney i
REVIEWED AND APPROVED : INITIATED AND APPROVED :
b Y ,
City Administrator - Chief bf Police
2.
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Rer No. 4998
STATE OF CALIFORNIA ) '�
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, ALICIA M. WENTWORTH, 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 1St day
of June , 1981 by the following vote:
AYES: Councilmen:
MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
z
REQUES f FOR CITY COUNCIL ACTION
Date April 21, 1981
Submitted to: HONORABLE MAYOR AND COUNCIL MEMBERS AL$iF $0V JD B
`� Y CI�'Y �UNCIL
Submitted by: CfiARI,ES W. THOMPSON, CITY ADMII�TISTRATOR 1 _ err
Prepared by: FARLF W. ROBITAILLE, CHIEF OF POLICE J n
Subject: VEHICLE CODF F2WORC 2= JATITHIN THE ` CITY c�
PRIVATE COMPLEXES OF DEL 1VAY TOtiqD1HOUSES,
HUNTING'I'ON VIET,7 POINT AND LA CUESTA RACQUET CLUB
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
10
Statement of Issue
On October 3, 1977, the City Council passed Resolution No. 4532, which authorized
Vehicle Code enforcement on the private property located in the complexes of Del Way
Townhouses, Delaware and 17th; La Cuesta Racquet Club, Delaware and Memphis; Huntington
View Point, Ellis and Chapel and the former Two Guys Shopping Center at Brookhurst and
Adams. The resolution contains two legal defects that render it invalid for such
enforcement authorization. A new resolution needs to be passed to enable the Police
Department to legally provide the enforcement requested.
Recommendation
Pass a new resolution authorizing Vehicle Code enforcement in the private residential
complexes and delete Ztao Guys Shopping Center.
Analysis
Resolution No. 4532 was passed at the request of the above three residential communities
and, apparently, in response to a particular traffic problem that existed at the old
Two Guys Shopping Center at the time.
The resolution was found after recent requests for enforcement from the residents of
the Del Flay 7bwnhomes. Initially, the Del T1,7ay residents were informed that no resolution
could be found authorizing the enforcement, based on information from the City Clerk's
office that no resolution was on file. An additional record search produced Resolution
No. 4532. This resolution was found to be defective, however, as the authority for
passing it was incorrectly cited. These two errors, that in the opinion of the City
Attorney's office render it invalid, are as follows:
1. The resolution was passed under the authority of C.V.C. Section 21107.6. This
is the wrong section; it should have been 21107.7. The section cited is for
commercial property only, not private residential property.
2. The only commercial property included in this resolution is the old Two Guys
Shopping Center at Brookhurst and Adams. While 21107.6 is the correct section
for this property, the section requires an ordinance for enactment, not a
resolution.
7 i
PI O 4/81 \
REQUEST FOR CITY COUNCIL A0fION
Submitted to: HONORABLE MAYOR AND COUNCIL ME SERS
Submitted by: CHARLES W. THOMPSON, CIrP_' ADMINISTRATOR
Prepared by: EARLE W. ROBITAILLE, CHIEF OF POLICE
Subject: VEHICLE CODE EI\IFORCFTJ1E1\]T WITHIN TITS PRIVATE
COMPLEXES OF DEL T,7AY TUT4HOUSES, HUNTINGTON
VI7,7 POINT AND LA CUESTA RACQUET CLUB
Page Two
Analysis (Continued)
After the Police Department discovered and confirmed this error with the City
Attorney's office, the other two residential developments, Huntington View Point and
La Cuesta Racquet Club, were contacted to determine if they still wished the C.V.C.
enforcement on their property. Both stated they still wish the enforcement.
Twn Guys Shopping Center eras not contacted, as the property has changed hands and the
Police Dept ]mows of no such problem currently occurring there that necessitates
private property enforcement. In any case, C.V.C. Section 21107.6 does not require an
owner's request for enforcement and may be enacted on any commercial property at any
time by means of an appropriate ordinance.
The three residential communities of Del Way Townhouses, Huntington View Point and
La Cuesta Racquet Club have already complied with the requirements of C.V.C. Section
21107.7 as to the petition requirement by the owners in 1977. The only thing preventing
them from receiving the enforcement they requested, and still request, is a format
error on the part of the City. It is requested that this be rectified by the draftinq
of a new resolution encompassing these private communities, under the authority of
C.V.C. Section 21107.7, for Vehicle Code enforcement by the Police Department on
their private streets.
Funding Source
Does not apply.
Alternative Actions
Deny the request.
Attachment
Copy of Resolution No. 4532.
E7,7R:JBP:gsd
t�
RESOLUTION N0. r��32
A RESOLUTION OF THE CITY CO OF THE CITY OF
HUNTINGTON BEACH DESIGNATING CERTAIN PRIVATELY-
. OWNED AND MAINTAINED ROADS WITHIN THE CITY WHICH
ARE GENERALLY HELD OPEN TO THE PUBLIC FOR PURPOSES
OF VEHICULAR TRAVEL TO SERVE COMMERCIAL ESTABLISH-
MENTS AND PLANNED RESIDENTIAL DISTRICTS
WHEREAS, pursuant to authority granted in California
Vehicle Code Section 21107. 6, the City Council of the City of
Huntington Beach determines that those certain commercial
establishments and planned residential districts in the city
of Huntington Beach, more particularly described in Exhibits
"A" through I'D," attached hereto and made a part hereof, have
areas of traffic congestion which are a danger to vehicles and
pedestrians and constitute obstructions to emergency vehicles
requiring the prohibition of parking; and
Written requests for the adoption of this resolution have
been received from the owners of each of the properties to
which this resolution will apply,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach as follows :
SECTION 1. Pursuant to California Vehicle Code Section
21107. 6, all provisions of the California Vehicle Code and the
Huntington Beach Municipal Code, Chapter 10. 40, shall apply
to those privately-owned and maintained roads shown on Exhibits
"A" through "D," attached hereto and made a part hereof, and
more commonly known as :
(a) Two Guys Shopping Center, Adams Avenue and Brookhurst
Street, (Exhibit "Afl ) ;
(b) Del Way Townhouses, Delaware Street and Seventeenth
Street, (Exhibit "B" ) ;
(c ) La Questa Racquet Club, Delaware Street and Memphis
Avenue, (Exhibit "C") ;
1 .
r
C4"
(d) Huntington View Point, Ellis Avenue and Chapel Lane,
(Exhibit "D") .
SECTION 2. This resolution shall not apply to any road
described in Exhibits "A" through "D" of this resolution when
the owner thereof has caused to be erected a notice of such
size, shape and color as to be readily legible during daylight
hours from a distance of one hundred (100) feet, which notice
shall state to the effect that the road is privately-owned and
maintained and that it is not subject to public traffic regula-
tions and controls.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 3rd
day of October, 1977 .
ATTEST:
Mayor
Ci y Cler
INITIATED AND APPROVED APPROVED AS TO FORM:
AS CONTENT:
CityAdministrator City At orn
i p
2.
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ADAMS AVENUE
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HUNTINGTON VIEW POINT
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EXHIBIT "B"
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DEL WAY TOWNHOUSES
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EXHIBIT "D."
DeSIGAM TeS IUO PARKING ZONe
:s. No. 4532
S'rA'rE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, 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 3rd day
of October 19__'_—., by the following vote:
AYES: Councilmen:
Bartlett, Wieder. Co n, Qibbs,, Sighert. Pattinsop
NOES: Councilmen:
c
None
ABSENT: Councilmen:
Shenkman
a
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
t
February 19,1g81
-Y3
fir. Frank Arguello �Lj�S f/0 to
City Administrator
City of Huntington Beach
Huntington Beach Ca.
Dear Mr. Arguello:
We hereby request that the City Council adopt a resolution under
Ordinance 2204 covering Del Way Townhouse Association private drive.
Inspection was made by the police and fine departments. It was
their recommendation that restrictions be made to cover parking
on Del Way.
The association completed all .requirements indicated by the Public
Works Dept. These were accepted by the city by letter dated VIV78,
copy attached.
For sometime we received cooperation from the police department.
We have been advised that their action eras, not legal and they could
not continue unless authorization is given by the City Council.
Copy of letter dated 2/5/81 is attached.
Your assistance in this matter will be appreciated.
Yours very truly,
DEL WAY TOWNHOUSE ASSOCIATION
Chairman Bogrd of Managers
2623 A Delaware �A✓L?°j��
3
City of Huntington Beach
m
P.O. BOX 190 CALIFORNIA 92648
ENGINEERING DEPARTMENT
July 14 , 1978
Del Way Townhouses
2623 "A" Delaware Street
Huntington Beach, Ca. 92648
Attention: Jack E. Hart i
Subject: Parking Restriction Signs
H.B.M.C. Section 10 . 40. 270
Gentlemen:
on July 12 , 1978 , an inspection of your facility indicated
that the requirements of the Public Works Department had been
met, according to Standard Plan No. 551, for private property
parking restrictions . The proper signs are in place, and red
curbs have been established to indicate the restricted parking
areas.
The Public Works Traffic Division has contacted the Police
Department Traffic Bureau, and informed them of this compliance.
As long as the signs are maintained in place and visible, and
the red curbs are not allowed to fade, enforcement on an "as-
called" basis will be available to you through the Police Depart-
ment.
Thank you for your-interest and cooperation in this effort.
'We believe this program will create a safer condition for our
citizens.
Very truly yours,
. E: ar
Director FfPublic Works
HEH:BHG:mc
cc: P.D. Traffic Bureau l
Darrel Cohoon
i
POLICE DEPARTMENT
City ®f Huntington each
P.O.BOX 70 2000 MAIN STREET,HUNTINGTON BEACH,CA.92648 TELL (714) 536-3311
EARLE ROBITAILLE
Cbief of Police
February 5, 1981
Jack E. Hart
Del-Way Townhouses
2623 "A" Delaware St.
Huntington Beach, Ca. 92648
Dear Mr. Hart:
I have investigated the matter of the police department's authority to
enter upon the private streets of your condominium complex for the purposes of
enforcing parking regulations and have concluded that no such authority exists.
According-to Section 21107.7(a) of the California Vehicle Code and
Section 10.40.270 of the Huntington Beach Municipal Code (copies attached)
the City may declare by resolution certain private roads subject to application
of provisions of the Vehicle Code. The City Clerk, Alicia'M. .Wentworth, has
informed me that no record of such a resolution covering your property is on
file with her officd.
I tried to learn what Mr. Hartge had in mind when he wrote to you in
July, 1978 and gave the impression that enforcement on an on-call basis would
be available to you through the Police Department. From what I 've been able
to determine, your complex was one of a number of private property developments
being reviewed for purposes of enforcing parking restrictions to aid emergency
vehicle access. City 'personnel involved at the time were apparently enthusiastic
about the proposed program and proceeded as though the city council would adopt
the necessary resolution with no objection. I assume the letter was sent in
anticipation of this approval which did not materialize. The enforcement f
activity you mentioned receiving after receipt of the letter most likely was the
result of the responding officers misinterpreting the legality of your posted
signs.
Although I am unaware of why this particular resolution wasn't passed,
I do know that the police department presently opposes such requests due to
manpower limitations.
Address all communications to-the Chief of'Police —
x <
Should your group wish to pursue this matter, the correct procedure
would be to submit 'a petition to the City requesting such by a majority of
the property owners in your complex. A public hearing before the City
Council would then be held and the necessary resoltuion either approved or
denied by council.
If I may be of further assistance, please don't hesitate to call.
Very truly yours,
EARLE W. ROBITAILLE
Chief of Police
291 ,
J.R. Miller Sergeant
Traffic Bureau
E6h'R;DIN:k
cc: Captain Payne
Alicia Wentworth, City Clerk
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