HomeMy WebLinkAboutPublic Hearing - Seacliff on the Greens - Privately-owned st REQUEST FOR CITY COUNCIL ACTION
Date: MARCH 16, 1992
Submitted to: Honorable Mayor and City Councilmembers
Submitted by: Michael T. Uberuaga, City Admini
Prepared by:.Ronald E. Lowenberg, Chief of Police �/
Subject: Vehicle Code Enforcement within the Private �-� '/ 47.1
Condominium Complex Located at Seacliff on
the Greens
Consistent with Council Policy [ x ] Yes [ ] New Policy or Exception
Statement of Issue,Recommendation,Analysis,Funding Sou (2�7
19.f
Statement of Issue:
CITZ CLT,, T=
A request from Seacliff on the Greens Homeowners Asso-cr iowfor enforcement of 4he
provisions of the California Vehicle Code on their privately owned un-dedicated streets
pursuant to authority of Section 21107.7(a) CVC.
Recommendation:
Approve the request made by the homeowners of Seacliff on the Greens for enforcement
of vehicle code violations on their privately owned streets.
Analysis:
Traffic congestion has been experienced in some of the areas in which enforcement is
requested creating a hazard to vehicles and pedestrians and obstructing access for
emergency vehicles. Therefore, it has become necessary to prohibit parking. A written
request for%adoption of such a resolution was received from the Board of Directors of the
Seacliff on the Greens Community Association.
Funding Source:
Does not apply.1
Alternative Actions:
Deny the request.
VEHICLE CODE ENFORCEMENT - con't.
Page two
Attachments:
Correspondence from the board of directors representing the property owners in Seacliff
on the Greens.
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NOTICE OF PUBLIC HEARING
SEACLIFF ON THE GREENS PETITION
FOR APPLICATION OF CVC SECTION 21107 . 7
TO PRIVATE STREETS
NOTICE IS HEREBY 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 7:00 p.m. , or as soon thereafter as possible on Monday,
the 2nd day of March, 1992, for the purpose of considering a
petition for application of Section 21107. 7 of the State of
California Vehicle Code to all streets within Seacliff on the
Greens, Tracts 10068 , 10069 , 12491, 13196 and Tentative Tract
10067 for vehicle violation enforcement by the Police
Department.
All interested persons are invited to attend said hearing and
express their opinions for or against said petition. Further
information may be obtained from the Office of the City Clerk,
2000 Main Street, Huntington Beach, California 92648 - (714)
536-5227
DATED: CPO 4 I- CITY OF HUNTINGTON BEACH
By: Connie Brockway
City Clerk
1
RESOLUTION NO. 6353
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DECLARING PRIVATELY-OWNED STREETS
IN SEACLIFF ON THE GREENS TRACTS 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 Seacliff on the Greens, Tracts 10068, 10069, 12491, 13196
and Tentative Tract 10067, City of Huntington Beach, County of
Orange, State of California, requesting this Council to declare
the privately-owned streets in such tracts to be subject to
provisions of the California Vehicle Code; and
Pursuant to California Vehicle Code section 21107 . 7, public
i
hearing was had before this Council after ten day' s written
notice duly given to all owners of such roads; and
The City Council finds that those streets and roads within
such Seacliff on the Greens development, generally bounded by
Palm Avenue to the West, Seapointe Avenue to the North and the
Southwesterly edge of the Seacliff Golf Course to the
Northeast, 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 California Vehicle Code to such roads; and
The Seacliff Homeowners ' Association has agreed to purchase
and install the signs required by California Vehicle Code
section 21107 . 7 at no expense to the city.
- 1 -
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 Seacliff on the Greens,
Tracts 10068, 10069 , 12491, 13196 and Tentative Tract 10067,
namely those streets and roads located within the Seacliff on
the Greens development, are hereby subject to application of
the provisions of the California Vehicle Code.
PASSED AND ADOPTED by tha City Council of the City of
Huntington Beach at a regular meeting thereof held on
the 6th day of April 1992 .
Mayor
ATTEST: APPROVED AS TO FORM:
OF
City Clerk 2— City Attorney
REVIEWED AND APPROVED: INI i i TED AND APPROV
Af
City Administrator Chief of P ice
2 -
i
Res. No. 6353
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I , CONNIE BROCKWAY, 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
r vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 6th day
of April 19 92 by the following vote:
AYES: Councilmembers:
` RnhitaillP, Moulton, PattarGnn, Winchell, Silva, Green, MacAllister
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Kelly
e
Cit
E
y Clerk an ex-officlod7lerk
of the City Council of the City
of Huntington Beach, California
�t
RECEIVED
• CITY`CLEkK
CITY OF HUNTINGTON B"HIP, #"'� OF
. ;�F A CH.CALIF.
Ak
INTER-DEPARTMENT COMMUNICATION nyyn
HUNTINGTON BEACH aR 3� 0s H T
To RONALD E. LOWENBERG From J. BARRY PRICE, CAPTAIN
CHIEF OF POLICE UNIFORM DIV. COMMANDER
Subject CVC ENFORCEMENT ON PRIVATE Date MARCH 27, 1992
STREETS
The City Council has authorized the Police Department to enforce
the Vehicle Code on the private streets. within the following
private communities.
BEACHWALK/HUNTINGTON SEACLIFF (17th and Palm) Resolution 4938.
DEL WAY TOWNHOUSES (17th and Delaware) . Resolution 4998.
HUNTINGTON VILLAGE LANE (Old World) Resolution 4809.
LA CUESTA RACQUET CLUB (Delaware & Memphis) Resolution 4998.
VILLA PACIFICA (Brookhurst) Resolution 3330
FERNHILL (Warner & Graham) Resolution 5654
At this time there is no mechanism in' place to allow us to
accurately separate the numbers of parking and/or CVC violations
ticketed in these private communities versus the balance of the
city.
However, Karen Peterson, Parking Control Supervisor, and Lt.
Parker, Traffic Bureau Commander, have informed me that requests
for enforcement of CVC violations rarely occur. They could only
recall in the past few years once or twice being requested by
the private communities to provide CVC enforcement. The
overwhelming majority of their requests are for parking
enforcement.
Ms. Peterson's estimate for the number of parking tickets
generated in these communities, compared to the total parking
enforcement effort, comprises less than one percent.
The vehicle Code Section 21107.7 (a) that regulates authority for
enforcement on private streets reads ,in part . . . . Any city may
declare that there are privately owned and maintained -roads as
described in the resolution within the city that are not
generally held open for use of the public for purposes of
vehicular travel but, by reason of their proximity to or
connection with highways, the interests of any residents
residing along the roads and the motoring public will best be
served by application of the provisions of this code to those
roads. The Police Department supports this concept.
The minimal impact enforcement requests from private complexes
have on our ability to serve the general motoring public, far
outweighs the benefits to the Department by being able to
enforce the Vehicle Code within the community. This ability
I1
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Page Two
CVC ENFORCEMENT ON PRIVATE STREETS
March 27, 1992
allows us the probable cause to stop suspicious cars within
these complexes and to generate selective enforcement in the
complexes that occasionally become "short cuts" to the public
highways.
Certainly if a private community's request for enforcement is
predicated solely on a need for citing speeding vehicles or
other types of moving violations, we would suggest to them, as
we did in the case of the Fernhill Complex, they install speed
bumps. But as stated before, the vast majority of these
infrequent requests for enforcement relate to parking problems
which, in turn', cause little effort for us to enforce.
Therefore, we support the request from Seacliff-on-the-Greens
for CVC enforcement.
JBP:bmr
cc: Pat Dapkus
City Administration
Lt. Parker
Karen Peterson
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August 30, 1991 v
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Ms . Gail Clifford Hutton
City Attorney
2000 Main Street
Huntington Beach, California 92648
Re: Seacliff on the Greens
Dear Ms . Hutton:
Please review the attached resolution by the Board of
Directors of Seacliff on the .Greens Community Association for
submission to the City Council . You may contact either myself at
(213) 580-1450 or the Board representative, Charles Garver at
474-7030/969-8119, if you have any questions or need additional
information.
Thank you for your attention to is matter .
Ver ruly our ,
LIAM C. GG R
President,
SEACLIFF ON THE GREENS
COMMUNITY ASSOCIATION
WCH:ds
Marquis Management Group
HOMEOWNERS ASSOCIATIONS
AMUMANW,MEVZXT
3009 Daimler Street, Santa Ana, Ca 92705
NOTICE OF PUBLIC HEARING
SEACLIFF ON THE GREENS PETITION
FOR APPLICATION OF CVC SECTION 21107 . 7
TO PRIVATE STREETS
NOTICE IS HEREBY 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 7:120 p.m. , or as soon thereafter as possible on Monday,
the 2nd day of March, 1992, for the purpose of considering a
petition for application of Section 21107 .7 of the State of
California Vehicle Code to all streets within Seacliff on the
Greens, Tracts 10068, 10069 , 12491, 13196 and Tentative Tract
10067, for vehicle violation enforcement by, the Police
Department.
All interested persons are invited to attend said hearing and
express their opinions,. for or against said petition. Further
information may be obtained from the Office of the City Clerk,
2000 Main Street, Huntington Beach, California 92648 - (714)
536-5227 }.
DATED: a/ / 0 ," CITY OF HUNTINGTON BEACH
By: Connie Brockway
City Clerk
STATE OF CALIFORNIA
County of Orange
Pf I am a Citizen of the United States and a
resident of the County aforesaid; I am over the
age of eighteen years, and not a party to or
interested in the below entitled matter. I am a
principal clerk of the HUNTINGTON BEACH
INDEPENDENT, a newspaper of general
circulation, printed and published in the City of
Huntington Beach, County of Orange, State of
California, and that attached Notice is a true and
complete copy as was printed and published in
the Huntington Beach and Fountain Valley PUBLIC NOTICE
issues of said newspaper to wit the issue(s) of: NOTICE OF
PUBLIC HEARING
•SEACLIFF ON
`THE GREEN
February13 1992 PETITION-FOR
APPLICATION OF
CVC SECTION
21107:7 TO
PRIVATE STREETS
NOTICE IS HEREBY -
GIVEN that a public Hear-
ing will be held by the City
Council of the City of Hun-
tington Beach,in the Coun-
cil Chamber of the Civic
Center Huntington Beach,
at the hour of 7:00 p.m.,or
as soon thereafter as pos-
sible on Monday, the 2nd
day of March, 1992,for the
purpose of considering a
petition for application of
Section 21107.7 of the
State of California Vehicle
Code to all streets within
Seacliff on the Greens,
Tracts 10068, 10069,
12491, 13196 and Tentative
Tract,10067 for Vehicle.vio,
lation enforcement by the
penalty p
I declare, under enat of perjury, that the Police Department.
ry All interested persons are
invited to attend said hear-
foregoing Is true and correct. ng and express their opin-
ions for or against said pe-
tition. Further information
Executed on February 13 19s 2� 0 ce be obtained
btheeCity Clerk
2000 Main Street, Hun- _
at Costa Mesa, California tington Beach California
92648-(714)536-5227
! DATED:2/10/92
j CI,T.Y�0F HUN-
TINJ&dk BEACA
By:Connie Brockway,
Signature City Clerk
Published Huntington
Beach/Fountain Valley In-
dependent February 13,
1992.
022-223
PROOF OF PUBLICATION
STATE OF CAUFORNIA
County of Orange
I am a Citizen of the United States and a
resident of the County aforesaid; I am over the
age of eighteen years, and not a party to or
interested in the below entitled matter. I am a
principal clerk of the HUNTINGTON BEACH
INDEPENDENT, a newspaper of general
circulation, printed and published in the City of
Huntington Beach, County of Orange, State of
California, and that attached Notice is a true and
complete copy,as was printed and published in
the Huntington Beach and Fountain Valley PUBLIC NOTICE
issues of said newspaperto wit the issue(s) of: NOTICE OF
PUBLIC HEARING
SEACLIFF ON
THE GREEN
PETITION FOR
February 13, 1992 APPLICATION OF
CVC SECTION
21107.7 TO
PRIVATE STREETS
NOTICE IS HEREBY
GIVEN that a public Hear-
ing will be held by the City
Council of the City of Hun".
tington Beach,in the Count
cil Chamber of the Civic
Center Huntington Beach;
at the hour of 7:00 p.m.,or,
as soon thereafter as post
sible on Monday, the 2nd
day of March, 1992,for the
purpose of considering a
petition for application of
Section 21107.7 of the
State of California Vehicle
Code to all streets within
Seacliff on the Greens,
Tracts 10068, 10069,
12491, 13196 and Tentative
Tract 10067 for Vehicle vio-
lation enforcement by the
Police Department.
I declare, under enal of e V , that the All interested persons are
P tY P rl rY nvited to attend said hear-
i
for oin is true and correnn and express their op e-
g ct. ions for or against said pe-
tition. Further information
may be obtained from the
February 13 2 Office of the CityClerk
Executed on y . 19g.� 2000 Main Stree Hun-
tington Beach California
at Costa Mesa, California. 92648-(714)536.5227
DATED:2/10/92
CITY OF HUN-
TINGTOMBEACH' _
L By:Connie Brockway,
Si nature City Clerk
g Published;Huntington
Beach/Fountain Valley In-
dependent February 13,
1992.
1022-223
PROOF OF PUBLICATION
'PIPE CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: Ron Lowenberg, Police Chief
FROM: Pat Dapkus, . Management Assistant
DATE: January 10, 1992
SUBJECT:_ RCA - Vehicle Code Enforcement
Seacliff on the Green
Several new issues have arisen regarding this RCA so I am
returning it. If there is some a need to put it on the January
2-1st agenda, please bring it to agenda review so that we can
discuss the concerns and determine whether that is feasible.
The issues which have arisen are as follows:
1. I spoke with the attorney's office and determined that the
request for legal services on the resolution was assigned to Bill
Sage. He is -not in today, and I am told by secretarial staff
. that the resolution is unlikely to be prepared by Monday''. agenda
review.
2. Connie Brockway returned the RCA suggesting that a public
hearing might be required and requesting that we get a legal
opinion on this prior to placing it on the agenda.
3. Mr. Uberuaga has asked that the analysis of the RCA include
the approximate projected cost for providing this enforcement.
Given the nature and extent of the concerns, I thought it would
simplest to pull the item temporarily so that we can resolve
them. Please let me know if you have any questions or concerns.
Thanks.
PD/pad
cc:' Michael T. Uberuaga, City Administrator
Ray Silver, Assistant City Adminxistrator
Connie. Brockway, City Clerk 9/
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
.TO: Ron Lowenberg, Police Chief f
FROM: Connie Brockway, City Clerk C
SUBJECT: Proposed agenda item "Vehicle Code Enforcement within the Private
Condominium Complex Located at Seacliff on the Greens"
DATE: January 10, 1992
I am returning your Request for Council Action on the above subject so that you can
check to see whether a public hearing is necessary (see attached sample from 1980).
I noticed that your RCA sited section 22107.8(a) CVC and the section number referred
to by Seacliff in their letter is 21107.7 the same as the attached sample from 1980.
Would you please give the Attorney's Office this information as soon as possible so, in
the event a public hearing is not necessary, we can get it back on the agenda.
0994K
INGALL W BULL.JR JOSEPH A HEATH LAW OFFICES FORREST A.BETTS
RICHARD B CASTLE TIMOTHY P McDONALD I897-1961
G RICHARD FORD ROBERT JOHN CHAVEZ S H I E L D S. SMITH STEVEN J FREEBURG SHERALA HYDE GERALD F SMITH.JR
TIMOTHY L WALKER MELISSA S FINK I919-1974
NICHOLAS W HORNBERGER COURTNEY COLLEEN Mc NICHOLAS IOSS WILSHIRE BOULEVARD
J.LAWRENCE JUDY K MICHELE WILLIAMS, NINETEENTH FLOOR
G ARY ROBERT GIBEAUT NANCY B CRONENWALT COUNSEL
WILLIAM C HAGGERTY JENNIFER D HELSEL LOS ANGELES, CALIFORNIA 90017-1902 THEODORE P.SHIELD
JEFFREY S BEHAR BETSY ANN FIORE ew.1-1 NAL—co-
R.T.-DAVID M.HILLINGS STEPHEN J SOLAN TELEPHONE (213) 482-3010
GREG W.GIBEAUT MATTHEW S SHORR HON JOHN A.LOOMIS(RETIRED)
JAMES G SCADDEN J MICHAEL McCLURE AND (213) 580-1400
JOHN B LOOMIS MARLIN E HOWES SAN FRANCISCO OFFICE
GERALD A SHEPPARD TIMOTHY L NEMECHEK TELECOPIER (213) 2SO-SB35
LESLIE E CRISWELL KEVIN P BATEMAN 580 CALIFORNIA STREET
MARINA A MACCHIAGOOENA STEPHEN WARD MOORE SUITE 1400
CHARLES F NETTELS LESLIE ANN KEIDEL SAN FRANCISCO, CALIFORNIA 94104
MARK STEVEN HENNINGS GIL MORRIS COOGLER TELEPHONE (415) 362-5116
DONNA ROGERS KIRBY SCOTT A FREEDMAN TELECO PIER 1415) 362-4214
DAVID H FAILER DAVID M SMITHSON
JONI LYNN LOOMIS CHRISTOPHER P.RIDOUT
ROBERT P.HAMILTON STACY L SUMMERS
TINA MARIE RISHWAIN SUSANNE BERRY
KAREN S.FREEBURG MARK R.DEVEY WRITER'S DIRECT DIAL NUMBER
ARTHUR W.SCHULTZ JAMES D SAVAGE
JUDITH RANDEL COOPER CHRISTOPHERT OLSEN October 23 1991
JON THEODORE MOSELEY COLRENA K JOHNSON
WILLIAM J.MOSELEY IV PHYLLIS J BRYAN
NANCY MAHAN-LAMB SCOTT B.CLOUD
DOUGLAS FEE JAMES P CUNNINGHAM
JAMIEL G.DAVE DAVID A CLINTON
JOSEPH JACKSON BRISCOE,IV HOLLY A MCNULTY
ROBERTJ RYAN ROBERT A WHEATLEY
CARLA J FELDMAN JOHN D COLOMBO
ANN M GHAZARIANS MIKAEL W VIA
MICHAELA BREWER BRENDA K BENSON (2 1 3) 5 8 0-1 4 5 0
SUSAN D BERGER JACK R REINHOLTZ
JEANNEL ZIMMER JAMES F HETHERINGTON
MAXINEJ CALATRELLO ROBERT 5 SHEPARD
KELLIE A MOE MICHELLE M LAMBRE ,
Karen Peterson
Huntington Beach Police Department
2000 Main Street
Huntington Beach, California 92648
Re: Seacliff on the Greens
Dear Ms. Peterson:
Per our recent telephone conversation, this is to verify
that the Seacliff on the Greens Community Association and its
four sub-associations qualify as a common interest development
under Civil Code, Section 1351 (c) (3) as a planned development .
A planned development is defined under Civil Code, Section
1351 (K) (1 ) and Section 1351 (K) (2) . Seacliff on the Greens
Community Association does have common areas owned by the 1
Community Association and by its sub-associations; the
associations also have the power to enforce an obligation of an
individual homeowner by means of an assessment which may become a i
lien upon a separately owned lot . Therefore, our associations
meet both of the definitions , although only one is required .
If you need any further information concerning this point,
please do not hesitate to contact me .
jVery, ruly your9TI
(xf )
M C. HAGG
Of SHIELD & SMITH
WC,H:d s
c'c: Charles Garver
Dori Kagan
Z2d 1VJcic- -fib- 0
A RESQLUTION BY THE BQAARp OF nlRP CTORB
B�ACLIFF ON THE GREENS COMMUNITY A8802IATION
TO; THE CITY COUNCIL, CITY OF HUNTINGTON BEACH, CALIFORNIA
WHEREAS, THE BOARD OF DIRECTORS OF THE SEACLIFF ON THE GREENS
COMMUNITY ASSOCIATION IS THE DULY ELECTED BODY OF REPRESENTATIVES
TO MAINTAIN THE INTEGRITY OF THE ASSOCIATION WITHIN AND ON THE
i
j PRIVATE STREETS OF SEACLIFF ON THE GREENS AND WHEREAS A CONDITION
DOES INDEED EXIST, BECAUSE OF THE PROXIMITY OF SEACLIFF ON THE
I
GREENS TO AND CONNECTION WITH PUBLIC STREETS, THAT THE INTERESTS
OF THE RESIDENTS ALONG SUCH PRIVATE ROADS AND THE MOTORING PUBLIC
WILL BEST BE SERVED BY APPLICATION OF THE VEHICLE CODES; AND
WHEREAS, THE BOARD OF DIRECTORS OF THE SEACLIFF ON THE GREENS
COMMUNITY ASSOCIATION IS POWERLESS TO CORRECT AND ABATE VEHICLE
CODE VIOLATIONS EXTANT; AND WHEREAS THE POLICE DEPARTMENT OF THE
CITY OF HUNTINGTON BEACH IS POWERLESS TO CORRECT AND ABATE THE
VIOLATIONS EXTANTI AND WHEREAS, THE BOARD OF DIRECTORS OF THE
SEACLIFF ON THE GREENS COMMUNITY ASSOCIATION AS THE REPRESENTATIVE
BODY OF THE RESIDENTS HAS VOTED UNANIMOUSLY TO PRESENT THIS
RESOLUTION TO THE HUNTINGTON BEACH CITY COUNCIL TO ENACT AN
ORDINANCE OR RESOLUTION AUTHORIZING THE ENFORCEMENT OF THE
1
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CALIFORNIA VEHICLE CODE ON AND WITHIN THE PRIVATE STREETS OF
SEACLIFF ON THE GREENS IN ACCORDANCE WITH THE CALIFORNI
A VEHICLE
CODE SECTION 21107.7.
BE IT FURTHER RESOLVED THAT THE BOARD OF DIRECTORS OF THE SEACLIFF
ON THE GREENS COMMUNITY ASSOCIATION DESIRES THE FOLLOWING
STATEMENTS OF UNDERSTANDING BE MADE KNOWN TO THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH:
8. THERE IS NOT INTENDED NOR DESIRED TO BE ANY DEDICATION OF THE
PRIVATE STREETS OF SEACLIFF ON THE GREENS TO THE CITY OF HUNTINGTON
BEACH.
,V. TIME SEACLIFF ON THE GREENS COMMUNITY ASSOCIATION WILL ABSORB
ALL DIRECT COSTS OF COMPLIANCE WITH THE CALIFORNIA VEHICLE CODE,
SECTION 21107.7 AS RELATES TO SIGN PROCUREMENT AND PLACEMENT.
Q. IT IS THE DESIRE OF THE BOARD OF DIRECTORS OF THE SEACLIFF ON
THE GREENS COMMUNITY ASSOCIATION TO WORK CLOSELY WITH THE CITY
COUNCIL, THE POLICE DEPARTMENT, AND OTHER INTERESTED DEPARTMENTS
OF THE CITY OF HUNTINGTON BEACH.
THE BOARD OF DIRECTORS OF THE SEACLIFF ON THE GREENS COMMUNITY
ASSOCIATION WILL CONTINUE TO AGGRESSIVELY PURSUE COMPLIANCE WITH,
THE COVENANTS, CONDITIONS AND RESTRICTIONS BY HOIOWNERS, RESIDENTS
AND GUESTS.
2
Od hdd�Z CC -0—fi0—E0
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$. THAT THE RESIDENTS AND BOARD OF DIRECTORS OF THE COMMUNITY
ASSOCIATION OF THE SEACLIFF ON THE GREENS WOULD APPRECIATE THE SAME
DEGREE OF ENFORCEMENT AND SURVEILLANCE AS ACCORDED THE OTHER PUBLIC
STREETS THROUGHOUT THE CITY.
ORIGINALLY DULY AUTHORIZED AND SIGNED THIS 30th DAY OF AUGUST,
1991.
AS AIIETSMED, PARAGRAPH "E", DULY AUTHORIZED AND SIGNED THIS 4TH DAY
OF , 1992.
e'114
,+
WtfLtA C. HAG R , fas P s dent
SEACLIFF ON THE GREENS COMMUNITY ASSOCIATION
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CITY OF HUNTINGTON BE ..
r t'Ia�.tYACH.r-' I : - White City Attorney .
REQUEST FOR LEGAL SERVICES canary City Attorney
Pink City Attorney „
Lcd „y '°', im
i1 Goldenrod Department
HUNTINGTON"BEACH .
Date Request Made By Department
August .28D 1991 Connie Brockway Office of the City Clerk
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:
( l Ordinance [ ] Insurance [ Other Procedure to Petition
G ] .Resolution [ ] _Bonds City. Council pursuant
Contract/Agreement. L 1 Opinion
to UK
Is` form for preparation of Contract attached? [ ] yes [ ] tio
All Exhibits, must be attached or this request will be returned. [ Exhibits attached
If for:Council Action, If not for Council action,desired completion date Signature: ^�
Agenda deadline
Council meeting
iGz,
The. Seacliff Homeowners Association,,would like to verify the procedure`
. .'td: peirition the City Council to adopt a Resolution ,to declare privately
owned-'s tree ts in "Seacliff on the Greens;' -to be subject to provisions of
the Sta:te .Vehicle Code.
.Mr. -Garver came to the office on August 14s to learn the process to apply CVC 21107J
to Seacli•ff on the Greens. On August 6 and 14, I sent a memo with accompanying last,, `,. , ....
Council action on the same subject (2980) and forwarded 'to your office.`
Per your request I am submitting a RLS. Mr. Garver°s phone number is 969-8119 (home) .
and 474-7030 (work.
Your office assigned'RES 91-558 to my memorandum on this subject.
CITY 'ATTORNEY ' S OFFICE USE. ONLY:
This Request for `Legal Services has been assigned to ART DE LA LOZA --
on 8/28/91 for handling. His or her secretary Joan N : .. >.
can .be reached at 5540
The Control Number assigned to this request is : RLS 91-558
please reference this number when making any inquiries".
;; Date Completed-
1 ._.......................
Div. 11 —235— ) 21 IaS
lMrdls Needs AW qww olor Pii" Nse
21107.7. (a) Any city or county may, by ordinance or resolution. find and
declare that there are privately owned and maintained roads as described in said
ordinance or resolution within the city or county that are not generally held open
for use of the public for purpa" of vehicular travel but by reason of their
prosdrafty to or connection with highways the interests of any residents residing
such roads and the motoring public will best be served by application of
of this code to such rods No such ordinance or resolution shall be
enacted unless there is&st filed with the city or county a petition requesting such
by a ayf ority of the owners of any such privately owned and maintained road and
without a public bearing thereon and 10 days'prior written notice to all owners
of such road Upon enactment of such ordinance or resolution, the provisions of
this aAe shall apply to any such privately owned and maintained road pprrovided
We signs are erected at the entrance to the road of such size,shape and
u to be readily legible during daylight hours from a distance of 1 00 feet,to
OW effect that the road is subject to such provisions of this code.
(b) The �t shall not be required to provide patrol or enforce an
pravidow of code on any owned and maintained road subjected to
the provisions of this code u his section except those provisions applicable
�r this section.
.to cj As lu tyhis section "p va�owned and maintained roads" includes
roads owned and maintained by a city,county or district that are not dedicated
to use by dne public or are not generally held open for use of the public for
purposes of vehi travel.
Addled CL 1914.Statr. IN&E fwbve Sept >Q,19d3.
Amwa 1 Cis.IM Stzts IM witiersedLos Ch. 1300,Stats. 1905.Effective Sept. 17.too.
AMeeded OL IDM Scats. 19lx Becdve%v. 13.IN&
Div.
--29J—.
21
�Reods Not Open /or Pub/io Use IO's
•
(a) Any city or county may, b
declare that there are privately owned and maintained ton
y ordinance of resolution. find and
ordinance or resolution within the city or county that are not gends as eesjr.�d in said
for use of the public for �° r
j proldrnity to or connection wit highways the interestslof be s ambTe reason sidents residing
along such roads and the motoring
Provisions of this code to such rods. No will be�tnarlce veer b
by aenacted unless theon
re u first filed with the city h county a y application of
ih�rnt►anh'of the owners of any such privately owned and n requesting
shall be
i Petition requesting such
public hearing thereon and 10 da s p maintained toad and
of Such road, U Y 'Prior written notice to all owners
i upon enactment of such ordinance or resolution, the provisions of
o aPPIY to any such privately owned and r signs are erected at the entrance to the rod fsuhh size d naovian
color as to be readily le ble during daylight hours from adistance
the effect that the road is subject to such provisions of thes of 100 pe and
(b) The �ent shall not be r t, to
Protons of code on an squired to provide patrol or enforce any
the Provisions of this code any privately owned and maintained road subjected to to Private
vAs Pro, . rtY other than
eby action nr this cunder ttion hispt those provisions appli�ble
" Q In this section "privately owned and motion.
t owned and maintained by a city, maintained roads" includes
Y the pu blic or are not CO�1� or district that are not dedicated
PurP°ses of vehicular travel. generally held open for use of the
C1tc191I Stets 1963.Effective Sept.Yo,1963. Public for
Ch 1043.StatL 1968.Effect- Ch. 1300,Stats. 1963.Eff
ective Nov. 13,1966. ective Sept. 17,1965.
I
t<- v 'o4SP
CiFv CTORNE� LAW OFFICES
TIMOTHY L. WALKER �t ;f'y'C`at�y^\['(IFO€R yD�,{I WALKER,RLDHAGGERTY & BEHAR COUNSEL
i#UN 1 ONG E OR B"EM:tom' TFri""aft,<r"
G. RICHARD FORD THEODORE P. SHIELD �„rr
TWENTY-SEVENTH FLOOR
J E F F R E V S. BEHAR i, �y-, $(��3 PROFESSIONAL LAW CORPOR4TION
WILLIAM C. HAGGERTY #°; j7 I(G{f}I �FCLJNG BEACH, CALIFORN IA 9 0 831-270 0
MARK STEVEN HENNINGS TELEPHONE (310) 983-2500
DONNA ROGERS KIRBV 4P
FACSIMILE (310) 983-2555 WRITER'S DIRECT DIAL NUMBER
TINA M. RISHWAIN
JAMIEL G. DAVE '
ARTHUR W. SCHULTZ
JON THEODORE MOSELEV (31O) 983-2504 ,
WILLIAM J. MOSELEY IV March 4, 1992
SUSAN WARD BERGER
MAXINE J. LEBOWITZ
JOSEPH A. HEATH '
TIMOTHY P McDONALD
ROBERT JOHN CHAVEZ
K. MICHELE WILLIAMS
J. MICHAEL McCLURE
TIMOTHY L. NEMECHEK
KEVIN P BATEMAN
STEPHEN WARD MOORE
JAMES D. SAVAGE
JOHN D COLOMBO
JACK R. REINHOLTZ
TODD D. PEARL
MARK A. LVTLE
PATRICK J. GIBBS
Ms. Gail Clifford Hutton
City Attorney
2000 Main Street
Huntington Beach, California 92648
Re: Seacliff on the Greens
Dear Ms. Hutton:
Please find enclosed the original resolution by the Board of
Directors of Seacliff on the Greens Community Association.
Pursuant to our conversation on this date, a copy of same has
been faxed to your attention.
Thank you for your cooperation in this regard.
Very truly yours,
s
vd IAM C. HAGG R
Of FORD, WALKER, HAGGERTY & BEHAR
WCH:ds
Enclosure.
A RESOLUTION BY THE BOARD OF DIRECTORS
SEACLIFF ON THE GREENS COMMUNITY ASSOCIATION
TO: 'THE CITY COUNCIL, CITY OF HUNTINGTON BEACH, CALIFORNIA
WHEREAS, THE BOARD OF DIRECTORS OF THE SEACLIFF ON THE GREENS
COMMUNITY ASSOCIATION IS THE DULY ELECTED BODY OF REPRESENTATIVES
TO MAINTAIN THE INTEGRITY OF THE ASSOCIATION WITHIN AND ON THE
PRIVATE STREETS OF SEACLIFF ON THE GREENS; AND WHEREAS A CONDITION
DOES INDEED EXIST, BECAUSE OF THE PROXIMITY OF SEACLIFF ON THE
GREENS TO AND CONNECTION WITH PUBLIC STREETS, THAT THE INTERESTS
OF THE RESIDENTS ALONG SUCH PRIVATE ROADS AND THE MOTORING PUBLIC
WILL BEST BE SERVED BY APPLICATION OF THE VEHICLE CODES; AND
WHEREAS, THE BOARD OF DIRECTORS OF THE SEACLIFF ON THE GREENS
COMMUNITY ASSOCIATION IS POWERLESS TO CORRECT AND ABATE VEHICLE
CODE VIOLATIONS EXTANT; AND WHEREAS THE POLICE DEPARTMENT OF THE
CITY OF HUNTINGTON BEACH IS POWERLESS TO CORRECT AND ABATE THE
VIOLATIONS EXTANT; AND WHEREAS, THE BOARD OF DIRECTORS OF THE
SEACLIFF ON THE GREENS COMMUNITY ASSOCIATION AS THE REPRESENTATIVE
BODY OF THE RESIDENTS HAS VOTED UNANIMOUSLY TO PRESENT THIS
RESOLUTION TO THE HUNTINGTON BEACH CITY COUNCIL TO ENACT AN
ORDINANCE OR RESOLUTION AUTHORIZING THE ENFORCEMENT OF THE
CALIFORNIA VEHICLE CODE ON AND WITHIN THE PRIVATE STREETS OF
SEACLIFF ON THE GREENS, IN ACCORDANCE WITH THE CALIFORNIA VEHICLE
CODE SECTION 21107.7.
BE IT FURTHER RESOLVED THAT THE BOARD OF DIRECTORS OF THE SEACLIFF
ON THE GREENS COMMUNITY ASSOCIATION DESIRES THE FOLLOWING
STATEMENTS OF UNDERSTANDING BE MADE KNOWN TO THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH:
A. THERE IS NOT INTENDED NOR DESIRED TO BE ANY DEDICATION OF THE
PRIVATE STREETS OF SEACLIFF ON THE GREENS TO THE CITY OF HUNTINGTON
BEACH.
B. THE SEACLIFF ON THE GREENS COMMUNITY ASSOCIATION WILL ABSORB
ALL DIRECT COSTS OF COMPLIANCE WITH THE CALIFORNIA VEHICLE CODE,
SECTION 21107.7 AS RELATES TO SIGN PROCUREMENT AND PLACEMENT.
C. IT IS THE DESIRE OF THE BOARD OF DIRECTORS OF THE SEACLIFF ON
THE GREENS COMMUNITY ASSOCIATION TO WORK CLOSELY WITH THE CITY
COUNCIL, THE POLICE DEPARTMENT, AND OTHER INTERESTED DEPARTMENTS
OF THE CITY OF HUNTINGTON BEACH.
D. THE BOARD OF DIRECTORS OF THE SEACLIFF ON THE GREENS COMMUNITY
ASSOCIATION WILL CONTINUE TO AGGRESSIVELY PURSUE COMPLIANCE WITH
THE COVENANTS, CONDITIONS AND RESTRICTIONS BY HOMEOWNERS, RESIDENTS
AND GUESTS.
2 -
I
E. THAT THE RESIDENTS AND BOARD OF DIRECTORS OF THE COMMUNITY
ASSOCIATION OF THE SEACLIFF ON THE GREENS WOULD APPRECIATE THE SAME
DEGREE OF ENFORCEMENT AND SURVEILLANCE AS ACCORDED THE OTHER PUBLIC
STREETS THROUGHOUT THE CITY.
ORIGINALLY DULY AUTHORIZED AND SIGNED THIS 30th DAY OF AUGUST,
1991.
AS AMEN- ED, PARAGRAPH "E", DULY AUTHORIZED AND SIGNED THIS 4TH DAY
OF "H, 1992.
WILLIAM C. HAG&kR , Nice Pr9sident
SEACLIFF ON THE GREENS COMMUNITY ASSOCIATION
3 _
RECE'VEO
CITY ATTORNEY
CITY OF
H►JNTINGTON OEACN
14AR 9 i 11? AM °9Z
i
LAW OFFICES / ' '*•,>> w�^`" ,;,'�,,,�,a,w.- - ".'"P:la_..,�,,v.a t
FORD, WALKER, HAGGERTY & BEHAR
}{
ONE WORLD TRADE CENTER
TWENTY-SEVENTH FLOOR . •.....
LONG BEACH, CALIFORNIA 9 0 6 31-2 70 0
Gail Clifford Hutton
City Attorney
2000 Main Street
Huntington Beach, California 92648
i
1 r ;
.4, CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Gail Hutton From Connie Brockway
City Attorney City Clerk
Attn: Deputy City Attorney Sangster
Subject Date
Request from Seacliff on the August 14, 1991
Greens Re: Procedure to Petition
City Council Pursuant to CVC 21107.7.
Mr. Charles Garver, representing the Seacliff Homeowners' Association, would
like to verify whether their Homeowners' Association should rely on the
procedure followed within the samples I provided to him (Beachwalk Petition) n
today.
I noticed that you were the Deputy that wrote the material from the City
Attorney' s Office regarding Beachwalk.
Would you let me know what material I should request from Mr. Garver prior to
transmitting it to your department and to Department of Public Works to set
for a public hearing.
I have attached the samples from the Beachwalk Homeowners' Association
petition and some of the City Attorney's correspondence.
Thank you.
Zl 10-7, -7
—co i V AFr cs- a Tr,,-c-&Ys iZo,44.,tb � 0-IJ
TIJIC 61�
TO AtK5PT A,
Tim
� ; F.u_• z City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92648
.., OFFICE OF THE CITY ADMINISTRATOR
November 4 , 1980 2
001
Mr. Oliver Roney
19811 Windjammer Lane
Huntington Beach, California 92648
Dear Mr . Roney:
As we have discussed, the information in my letter of
October 28 , 1980 is no longer valid. According to our
latest- conversations with the City Attorney, there is
no need to notify all residents , nor does the Association
need to send a letter certifying that notice has been
given.
The City Clerk has issued the Notice of Public Hearing
for the November 172 1980 Council meeting .
Sincerely,
Jer ' Chenelle
Admin. Analyst , Sr.
JC:lb
cc : L.W. Wagoner, Chairman of the Board
Beachwalk Homeowners Assn.
City Clerk-,"'
City Attorney
City Administrator
Telephone (714) 536-5201
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
To City Clerk m City Attorney
0 �
Subject Beae4walk/Hunting on Se csl f Date June 18 , 1980 U"G
Confirming our conversation, it is our opinion that the
petition and notice referred to in Vehicle Code §21107 . 7
-: refers only to tho owner of the road, i. e . , owners of any
such privately o4ned and:�maintained road. " In this case
the sole owner is the Beachwal.k Homeowner' s Association, a
corporation. .It owns the common area, which includes the
road. The Nehiele 'Code .does not require notifying each
member of the_ corporation.
Therefore, we s ould have a resolution of the Board of
Directors reg4, ting city action to apply the provisions of
Section 21107.. to the private roads in the development and
consenting to the public hearing on July 8, 1.980. We also
should be. provided with a copy of their CC & R' s. and
Articled 9fIncDrpnrat on_ to review. The corporation should
f
a so be given ten (10) days notice of the public hearing.
GAIL HUTTON
City Attorney
By
ROBERT C. SANGSTER
Acting City Attorney
RCS:lm
cc : City Administrator
Development Services Director
OFFICE OF
CITY A T T O R N E Y
V _
P.O.BOX 190
2000 MAIN STREET
HUNTINGTON BEACH
CALIFORNIA 92648
GAIL HUTTON ELEPHONE
City Attorney June 20, 1980 1714)536-5555
Mr. Larry Wagoner, Chairman
Board of Directors
BEACHWALK HOMEOWNER'S ASSOCIATION
19752 Seacliff Lane y
Huntington Beach, California 92648
O �a.r
Re : Vehicle Code Enforcement
Dear Mr. Wagoner :
As I indicated during our conversation at the Council
meeting on June 16, 1980,, the city will need a resolution
of the Board of Directors. The resolution should be
certified by the secretary and state that :
1. The association is a corporation and the
sole owner of all of the roads within the development .
2 . The association petitions the city to find
and declare that the privately owned and maintained streets
located within the Beachwalk/Huntington Seacliff development
and owned by the association (streets within Tracts_ 7473,
8003, 8224 , 8247 , 8248 , and 7155) are not generally held
open for use of the public for purposes of vehicular travel ,
but by reason of their proximity to or connection with
highways , the interests of any residents residing along
such roads and the motoring public will best be served by
application of provisions of the Vehicle Code to such roads .
3. The association consents to holding a hearing
on such petition pursuant to Vehicle Code §21107 . 7 on
July 8, 1980, at the City Council Chambers, located at
2000 Main Street , Huntington Beach, California, and waives
notice thereof.
4 . The association shall notify its members of
such public hearing.
Letter to Mr. Larry Wagoner June 20, 1980
Re Vehicle Code Enforcement Page two
The secretary ' s certificate should state that the
resolution was duly adopted by the Board of Directors
at a meeting, (or adopted by unanimous consent ) , that
the resolution is in conformity with the articles of
incorporation and bylaws of the corporation, has never
been repealed or modified, and is now in full force and
effect . (Corp. Code §7215) .
We would also like to review current copies of your
CC&R' s, Articles of Incorporation, and bylaws .
Very truly yours,
GAIL HUTTON
City Attorney
By
ROBERT C . SANG TER
Acting City Attorney
RCS:lm
cc : City Administrator
City Clerk
Chief of Police
BEACHWALK HOMEOWNER 'S ASSOCIATION
HUNTINGTON 'BEACH, CALIFORNIA
June 16, 1980
Tot Huntington Beach City Council
Subjects Beachwalk Homeowners Petition.
Beachwalk Homeowner's Association has enjoyed excellent
relationship with- the Huntington Beach City Council, the
Huntington Beach Police and Fire Departments and administr-
ative. offices and services. Cooperation by all parties has
been outstanding in the past.
OBJECTIVESs Beachwalk is seeking the protection of and
enforcement of the California Vehicle Code. The same pro-
tection now afforded perhaps 95% of the citizens of Huntington
Beach.
We are not petitioning for something new. The City
Council. enacted a similar ordinance for Villa Pacific via
Resolution No. 3370.
We are not asking for, nor do we want, additional Police
patrols or for parking monotoring.
The proposed resolution would have minimal fiscal impact
on the City, but will have a positive impact on 1500
concerned voters residing in Beachwalk.
The Huntingbn Beach Police Department DOES NOW respond
in a very timely manner, but the patrolmen are frustrated
when they arrive. . .they are unable to do their job of
enforcing the California Vehicle Code.
By virtue of the power and authority in the Beachwalk
C .C.&' R's (Covenants, Conditions and Restrictions) , we can
and do actively monitor apparent violations by Homeowners
and Beachwalk residents, BUT are powerless to protect lives
and property from outside disturbing influences caused by
violators of the California Vehicle Code.
TW BEACH(W�ALK OMnEO(�WNER'S ASS'N.
L. W.W on r C�a rman C-a-rol oe 1p, , Secritary
udy S r urer
P Mays, Me �er.
et e1 t, ' Me er om r ver Roney,Membe?
' NOTICE OF PUBLIC HEAR G
BEACHWALK/HUNTINGTON SEACLIF PETITION
FOR
APPLICATION OF CVC SECTMN 21107. i'IT-PRIVATE STREETS
NOTICE IS HEREBY GIVEN that a public hearing wil be held by the City Council
of the City of Huntington Beach, in the Council Chamber-of the-Civics Center,
Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as
possible on Monday thel7th day of November , 19 80
for the purpose of considering a petition for application of Section 21107.7
of the State of California Vehicle Code to all streets within Beachwalk/Huntington
Seacliff, Tracts 7473, 8003, 8224, 8247, 8248 and 7155 for vehicle violation
enforcement by the Police Department.
All interested persons are invited to attend said hearing and express their
opinions for ®r against said . lgtjtjon
Farther infors4tim way be obtained from the Office of the City Clerk, 20Oa Main
Street, flunti#9ton Beach, California. 92648 - (714) 536-5227
BATED— �,:.-X 4 CITY Of HUNT INGTON BEACH
By: Alicia N. Wentworth
City Clerk
Page #9 - Council Minutes - 11/17/80
PUBLIC HEARING - COASTAL ELEMENT - OPENED AND CONTINUED TO 12/1/80
The Mayor announced that this was the day and hour set for a public hearing
to consider the Coastal Element, a proposed addition to the General Plan which
indicates the kinds, location and intensities of land uses in the City's coastal
zone.
The City Clerk announced that all legal requirements for publication and
posting .had been met, and that she had received no communications or written
protests to the matter.
. The. Mayor stated that public input would be accepted at this meeting and on
December 1 , and December 8, 1980. She stated that at this meeting the City
Council would accept testimony only on that part of the coastal zone from Golden-
west Street to the City' s northern boundary; the December lst hearing would
cover the area from Beach Boulevard to the Santa Ana River; that December 8th
would cover the downtown area and general comments on the coastal zone as a
whole and further that final action on the Coastal Element would take place on
December 15th.
June Catalano, Senior Planner, gave background information regarding the coastal
zone located between Goldenwest Street and the City's northern boundary. She
presented viewgraphs depicting planning analysis in the area of concern.
The Mayor declared the public hearing open.
Jack Chalabian spoke regarding his piece of property that he had been trying
to develop commercially and cited difficulties he had encountered.
Peter Green, President of Amigos de Bolsa Chica, .suggested that Council accept
the recommendation of the Citizens Advisory Committee as it relates to the Bolsa
Chica.
Ed Zschoche encouraged support of the Local Coastal Committee in this area.
Council directed staff to study the matter of Jack Chalabian's property and bring
it back to Council for further consideration.
On motion by Pattinson, second MacAllister, Council continued the open public
hearing to December 1 , 1980 by unanimous vote.
Councilman Pattinson requested the City Clerk to prepare a tape for him of the
meeting to be held December 1 , 1980.
PUBLIC HEARING - RES NO 4938 - ADOPTED - BEACHWALK/HUNTINGTON SEACLIFF PETITION
FOR APPLICATION OF CVC SECTION 21107.7 TO PRIVATE STREETS
The Mayor announced that this was the day and hour set for a public hearing to
consider a petition for application of Section 21107.7 of the State of California
Vehicle Code to all streets within Beachwalk/Huntington Seacliff, Tracts 7473,
8003, 8224, 82471)- 8248 and 7155 for vehicle violation enforcement by the Police
Department.
The City Clerk announced that all legal requirements for publication and posting
had been met, and that she had received no communications or written protests to
the matter.
Page #10 - Council Minutes - 11/17/80
The Mayor declared the hearing open.
Oliver Roney stated that 90% of the speeders in that area were form outside of
Beachwalk, that he believed a gate would be impractical due to traffic congestion
and that if Council approved their petition, -the street signs' would be taken care
of by their association.
Russell Halidon requested that Council deny the petition citing the increased
demands that would be placed on the Police Department's budget: `
The City Clerk presented Resolution No. 4938 for Council 's consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING PRIVATELY-
OWNED STREETS, IN BEACHWALK/HUNTINGTON SEACLIFF TRACTS SUBJECT TO PROVISIONS OF
STATE VEHICLE CODE."
Following discussion, a motion was made by Thomas, seconded by Finley, to_adopt ,
Resolution No. 4938 by the following roll call vote: '
AYES: Thomas, Finley, Bailey, Kelly
NOES: Pattinson, MacAllister, Mandic
ABSENT: None
ORAL COMMUNICATIONS -
Paul Terry spoke regarding his automobile which was shot during police action
that took place in his neighborhood.
Lee Yadrick spoke regarding Langenbeck Park. She introduced Mrs. Gail Langen-
beck, widow of past Mayor 'Langenbeck.
Gail Langenbeck congratulated the Council on their new system of street sweepers.
She stated that because her name was Langenbeck, she was beginning to feel embarrass-
ment regarding the publicity surrounding the Park. She requested that Council get
the park started and finished.
Amy Yoshihara spoke regarding the farming on the Edison portion of the land.
Arden Pratt displayed a wall map depicting homes and the proposed park.
Trudy Witham spoke regarding development of the total eighteen acres of the park.
Carol Caruthers requested that Council approve the design plan and authorize the
landscape architectural firm to complete the working drawings and specifications.
Lynne Bolding spoke regarding the dirt mound at the Pacific Mobile Park and requested
Council s assistance in the matter.
The Acting City Administrator gave a report on the matter and stated that the
company should start moving the dirt Wednesday.
Pat Dunn stated that he represented the builder and assured Council that barring
wind or rain, removal of the dirt mound would commence Wednesday.
Frank Pollack stated that he believed there should be some type of control over a
developer that stored soil for future use.
RESOLUTION N0. 4938
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DECLARING PRIVATELY-OWNED STREETS
IN BEACHWALK/HUNTINGTON SEACLIFF TRACTS 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
Beachwalk/Huntington Seacliff, Tracts 7155, 7473, 8003, 8224,
8247 and 8248, city of Huntington Beach, County of Orange, State
of California, requesting this Council to declare the privately-
owned streets in such tracts to be subject to provisions of the
California Vehicle Code; and
Pursuant to California Vehicle Code section 21107.7 , public
hearing was had before this Council after ten day' s written no-
tice duly given to all owners of such roads; and
The City Council finds that those streets and roads within
such Beach/Huntington Seacliff development, generally located
between Palm Avenue on the south, Seventeenth Street on the east,
Yorktown Avenue on the north, and Goldenwest Street on the west ,
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
California Vehicle Code to such roads; and
The Beachwalk Homeowners' Association has agreed to purchase
and install the signs required by California Vehicle Code sec-
tion 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 Beachwalk/Huntington
CM: ahb
6/26/80 1 .
Seacliff, Tracts 7155 , 7473, 8003, 8224, 8247 , and 8248, namely
those streets and roads located within the Beachwalk/Huntington
S eacliff 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 17th
day of November 1980.
40
Mayor
ATTEST: APPROVED AS TO FORM:
ill�
— -24�- X4�t�.
City Clerk City Attorney
REVIEWED AND APPROVED:
�A4*.A
City Adminis ator
2.
Z
• No. 4938
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH )
I, ALICIA H. 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 vas 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 17th day
of November 1980 , by the following vote:
AYES: Councilmen:
Thomas , Finley, Bailey, Kelly
NOES: Councilmen:
Pattinson, MacAllister, Mandic
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California