HomeMy WebLinkAboutResolution 2004-18 - Enabling the City’s Police Department t I p
NOTICE OF PUBLIC HEARING
PROOF OF PUBLICATION CITY OF
HUNTINGTON BEACH
ENFORCEMENT OF
CALIFORNIA VEHICLE CODE
STATE OF CALIFORNIA) PROVISIONS ON PRIVATE
STREETS IN THE PENINSULA
SS. AT HUNTINGTON SEACIIFF
DENCounty of Orange ) RNotice is hereby,gi en,
that a public hearing will
be held by the City.
Council of the City off
I am a Citizen of the United States and a Huntington Beach in the
� Council Chambers of the
resident of the County aforesaid
• I am Civic Center, Huntington
� Beach at the hour of
7:00 p.m., or as soon
over.the age of eighteen years, and not a thereafter as possible,
on Monday, the 5th of
party to or interested in the below April, 2004 for, the
purpose of considering
entitled matter. I am a principal clerk of adoption of a resolution
to enable the City's�
the HUNTINGTON BEACH INDEPENDENT a Police Department to
/ enforce California Vehi-
newspap er of general circulation printed cle Code Provisions on
b the private streets
within the. gated com-
and pu ished in the City of Huntington munity of the Peninsula
at Huntington Seacliff
Beach, County of Orange, State of residential community,;
California, and that attached Notice is a which y of Suted ' the
vicinity of Summit Drive
and Peninsula Lane.
true and complete copy as was printed , A complete report
detailing this matter is
available for review by
and published in the Huntington Beachthe public at City Hall,
2000 Main Street, in the
and Fountain Valley issues of said City Clerk's office
between the hours of
newspaper to wit the issue(s) of. 8:00 a.m.and 5:00 p.m.,
starting Thursday, April
1, 2004. Interested
persons may also con-
tact the Public Works
Department,. Transpor-
tation Division, at 2000
March 25, 2004 Main Street, Huntington
Beach, 92648 to receive
additional information.
All citizens are invited
to attend the public
hearing and provide the
City Council with written
and oral comments and
I declare under penalty of perjury, that ask questions concern-'
� � ing the proposed reso-
lution to enable -en-'
the foregoing is true and correct. forcement• of California
Vehicle Code provisions
on private streets in the I
Peninsula at Huntington
Seacliff residential,
, '
Executed on March 25 2004 community. Written
communications' the!
City Council may also be i
at Costa Mesa, California. mailed to the City Clerk.j
The City of Huntington
Beach endeavors to,
accommodate persons of
disabled status in thej
admission or access to,
or treatment .or• em-
ployment in City pro-
grams or activities. The
City of Huntington Beach I
is an equal opportunity i
employer.
Dated 3/16/04 City of�
Huntington Beach
Signature By: Connie Brockway,
City Clerk, 2000 Main
Street, Huntington
Beach; CA 92648 Tele-
phone:(714)536-5227
Published Huntington
Beach Independent
March 25, 2004 034-356�
Council/Agency Meeting Held:
Deferred/Continued to:
,Approved ❑ Conditionally Approved ❑ Denied City erk' ignat
Council Meeting Date: April 5, 2004 Department ID Number: PW 04-019
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERSCD
= --:
SUBMITTED BY: RAY SILVER, City Administrator O?dZ? W «.>'
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Work
tV
KENNETH W. SMALL, Police Chief I ,J= n
SUBJECT: HOLD PUBLIC HEARING AND ADOPT RESOLUTION FOR
ENFORCEMENT OF CALIFORNIA VEHICLE CODE PROVISIONS IN
THE PENINSULA AT HUNTINGTON SEACLIFF
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: This resolution will authorize the City's Police Department to enforce
provisions of the California Vehicle Code on private streets in the Peninsula at Huntington
Seacliff residential community. A public hearing is required prior to adoption of the
resolution.
Funding Source: The associated cost to provide these services is expected to be nominal
and can be absorbed by the Police Department's annual operating budget. Enforcement on
these streets will be upon request. ,,`
Recommended Action: Motion to: Adopt Resolution No.o�OU` 4 to enable the City's
Police Department to enforce provisions of the California Vehicle Code on private streets in
the Peninsula at Huntington Seacliff residential community.
Alternative Action(s): Do not support the adoption of a resolution or suggest another course
of action.
C�
REQUEST FOR COUNCIL ACTION
MEETING DATE: April 5, 2004 DEPARTMENT ID NUMBER: PW 04-019
Analysis: In July 2003, Merit Property Management, Inc., transmitted a traffic engineering
study that followed a resolution passed by the Board of Directors for The Peninsula
Homeowners Association requesting City enforcement such as periodic radar speed and
stop sign enforcement. (Attachment 2)
The intent of this action is for traffic enforcement only, and not for the dedication of streets.
California Vehicle Code Section 21107.7 enables a city to apply the Code's provisions to
private streets by following the designated procedure. This section initially requires the filing
of a petition requesting this action, with this petition supported by a majority of the Board of
Directors responsible for the private streets. Next, the city holds a public hearing on the
request. Written notices are sent to all of the owners in the development 10 days prior to the
public hearing. After adoption of the resolution or ordinance, appropriate signs and markings
must be installed before enforcement may begin.
The Peninsula at Huntington Seacliff residential community is located in the vicinity of
Summit Drive and Peninsula Lane as shown on Attachment 3. Entry gates control access to
these private streets at Peppermill Lane and Covington Lane, and a guard controls access at
Peninsula Lane.
Public Works Department and Police Department staff met to discuss this matter and have
no objections to this request. Following City Council approval, staff will work with the
Homeowner's Association to review their signage and markings to ensure that they meet the
prescribed standards. After appropriate signs and markings are installed, enforcement will
be provided in response to specific requests on a case-by-case basis. When called, Police
Department officers may enforce all provisions of the California Vehicle Code including
parking rules and regulations. Staff members from both departments will assist The
Peninsula at Huntington Seacliff residential community as may be necessary throughout this
process.
The City Attorney's office has drafted the appropriate resolution for consideration by the City
Council. Public Works staff provided a notice of the public hearing to The Peninsula at
Huntington Seacliff Homeowners Association at least 10 days prior to the City Council public
hearing.
Public Works Commission: Not required.
Environmental Status: Not applicable.
D:\Documents and Settings\KATOD\Local Settings\Temporary Internet Files\OLKB\04-019 April 5 Kato(Resolution
Peninsula Enforcement on Private Streets).doc -2- 3/16/2004 4:12 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: April 5, 2004 DEPARTMENT ID NUMBER: PW 04-019
Attachment(s):
City Clerk's
Page Number No. Description
1. Resolution No.
2. Peninsula Homeowners Association request for traffic enforcement
3. Street Map
RCA Author: Kato
D:\Documents and Settings\KATOD\Local Settings\Temporary Internet Files\OLKB\04-019 April 5 Kato (Resolution
Peninsula Enforcement on Private Streets).doc -3- 3/16/2004 4:12 PM
ATTACHMENT # 1
RESOLUTION NO. 2004-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING THE HUNTINGTON BEACH
POLICE DEPARTMENT TO ENFORCE CALIFORNIA VEHICLE
CODE PROVISIONS ON PRIVATE STREETS IN THE
PENINSULA AT HUNTINGTON SEACLIFF RESIDENTIAL COMMUNITY
WHEREAS, the Peninsula at Huntington Seacliff Homeowners Association(hereinafter"Peninsula") has
requested assistance of the City of Huntington Beach to enforce provisions of the California Vehicle Code
on the private streets within the Peninsula residential community; and
The City Council finds that the streets in the Peninsula community are not generally held open for
public use, but by reason of their proximity to public streets,the interests of the residents and motoring
public will be best served by application of the California Vehicle Code to those streets; and
California Vehicle Code Section 21107.7 requires a formal request from the majority of the board
of directors of a common interest development, requesting the City's assistance in enforcing the Vehicle
Code; and
On July 14,2003, Peninsula Homeowners Association transmitted its request to the Public Works
Department stating that the Board of Directors has passed a resolution requesting traffic enforcement; and
California Vehicle Code Section 21107 requires notice of the proposed enforcemI. ent be given to
.
the-owners of the private streets; and notice has been given as required by Code;and
A duly noticed public hearing was held on April 5, 2004,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach that it finds and declares that after the installation of appropriate signage and markings,the
privately owned and maintained roads in the Peninsula residential community located in vicinity of
Summit Drive and Peninsula Lane comprised of Tracts 14700, 15034, 15035, 15036, 15037, 15081,
15082, 15083, 15084, 15085, 15086, 15087, and 15088 are hereby subject to the 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 5thday of April 2004.
ATTES
Mayor
City Clerk
APPROVED AS TO FORM:
REVIEWED AND APPROVED:
ity Attorney
City Ad istrator IATED AND A ROVED:
Director of Public Works
Res. No. 2004-18'
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 vote of at least a majority of all the
members of said City Council at an regular meeting thereof held on the 51th
day of April, 2004 by the following vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio C erk of the
CityCity of
Council of the
Huntington Beach, California`
ATTACHMENT #2
TA PENINSULA
AT HUNTINGTON SEAC LI FF
IheVeninsul aHUA(Oaol.com
July 14, 2003
Mr. Bob Stachelski .
Traffic Engineer
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Re: Traffic Enforcement Support
Dear Mr. Stachelski:
The Peninsula Homeowners Association previously worked with your office and the City Police
Department in obtaining traffic enforcement support for the Community.
It was requested that a traffic engineering study be commissioned by the Association and
submitted to the City for review.. The Association has completed that task and a copy of the
"Traffic Review" completed by the RK Engineering Group,Inc., is attached for your review and
reference.
The Board of Directors for the Association previously passed a resolution for requesting traffic
enforcement support for the Community.
Essentially, the Association would like to have periodic radar speed and stop sign enforcement,
as these are serious issues for the Association.
Therefore,please review the study and honor this request for traffic enforcement support for the
Community at your earliest convenience.
Please give me a call if you have any questions at 949-465-5158.
At the Direction of the Board of Directors,
The Peninsula Homeowners Association
er, CCAM®
District Manager
Merit Property Management, Inc.
Managed by
MERIT PROPERTY MANAGEMENT,INC.
25910 Acero Street,2nd Floor• Mission Viejo,CA 92691 •949/465-5555 FAX 949-595-2300.
MAMN TnMp R---.----.r 071403
Attachment
Cc: Lt Bill Peterson
City of Huntington Beach Police Department
2000 Main Street
Huntington Beach, CA 92648
ATTACHMENT #3
Exhibit C
STREET MAP
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0120-03.o,(EXC) engineering
THE PENINSULA HOMEOWNERS ASSOCIATION-TRAFFIC REVIEW,Huntington Beach,Califomla group! Inc.
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Hold Public Hearing and Adopt Resolution for Enforcement
of California Vehicle Code Provisions in The Peninsula at
Huntington Seacliff
COUNCIL MEETING DATE: Aril 5, 2004
RC¢AATTACHMENTS-, :. STATUS
Ordinance (w/exhibits & legislative draft if applicable Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED F0R2DED
Administrative Staff
Assistant City Administrator (Initial)
City Administrator Initial oZ�
City Clerk
EXPLANATION FOR RETURN OF ITEM:
Space . Only)
RCA Author: Kato
NOTICE OF PUBLIC HEARING
CITY OF HUNTINGTON BEACH
ENFORCEMENT OF CALIFORNIA VEHICLE CODE PROVISIONS ON
PRIVATE STREETS IN THE PENINSULA AT HUNTINGTON SEACLIFF
RESIDENTIAL COMMUNITY
Notice is hereby given that a public hearing will be held by the City Council of the City of
Huntington Beach in the Council Chambers of the Civic Center, Huntington Beach at the hour of
7:00 p.m., or as soon thereafter as possible, on Monday, the 5th of April, 2004 for the purpose of
considering adoption of a resolution to enable the City's Police Department to enforce California
Vehicle Code Provisions on the private streets within the gated community of the Peninsula at
Huntington Seacliff residential community, which is located in the vicinity of Summit Drive and
Peninsula Lane.
A complete report detailing this matter is available for review by the public at City Hall, 2000
Main Street, in the City Clerk's office between the hours of 8:00 a.m. and 5:00 p.m., starting
Thursday, April 1, 2004. Interested persons may also contact the Public Works Department,
Transportation Division, at 2000 Main Street, Huntington Beach, 92648 to receive additional
information.
All citizens are invited to attend the public hearing and provide the City Council with written and
oral comments and ask questions concerning the proposed resolution to enable enforcement of
California Vehicle Code provisions on private streets in the Peninsula at Huntington Seacliff
residential community. Written communications to the City Council may also be mailed to the
City Clerk.
The City of Huntington Beach endeavors to accommodate persons of disabled status in the
admission or access to, or treatment or employment in City programs or activities. The.City of
Huntington Beach is an equal opportunity employer.
Dated 3/16/04 City of Huntington Beach
By: Connie Brockway, City Clerk
2000 Main Street
Huntington Beach, CA 92648
Telephone: (714) 536-5227
Filename:G:\Transportation Division\KATO\MISC\PENINSULA\NOTICE OF PUBLIC HEARING.doe
CUT & PASTE
"NOTICE OF PUBLIC HEARING
CITY OF HUNTINGTON BEACH
ENFORCEMENT OF CALIFORNIA VEHICLE CODE PROVISIONS ON :
PRIVATE STREETS IN THE PENINSULA AT HUNTINGTON SEACLIFF
RESIDENTIAL COMMUNITY
Notice is hereby given that a public hearing will be held by the City Council of the City of
Huntington Beach in the Council Chambers of the Civic Center, Huntington Beach at the hour of
7:00 p.m., or as soon thereafter as possible, on Monday, the 51h of April, 2004 for the purpose of
considering adoption of a resolution to enable the City's Police Department to enforce California
Vehicle Code Provisions on the private streets within the gated community of the Peninsula at
Huntington Seacliff residential community, which is located in the vicinity of Summit Drive and
Peninsula Lane.
A complete report detailing this matter is available for review by the public at City Hall, 2000
Main Street, in the City Clerk's office between the hours of 8:00 a.m. and 5:00 p.m., starting
Thursday, April 1, 2004. Interested persons may also contact,the Public Works Department,
Transportation Division, at 2000 Main Street, Huntington Beach, 92648 to receive additional
information.
All citizens are invited to attend the public hearing arid provide the City Council with written and
oral comments and ask questions concerning the proposed resolution to.enable:enforcement of
California Vehicle Code provisions on private streets in the Peninsula at Huntington Seacliff
residential community. Written communications to the City Council may also be mailed to the
City Clerk.
The City of Huntington Beach endeavors to accommodate persons of disabled status in the
admission or access to, or treatment or employment in City programs or activities. The City of
Huntington Beach is an equal opportunity employer.
Dated 3/16/04 City of Huntington Beach
By: Connie Brockway, City Clerk
2000 Main Street
Huntington Beach, CA 92648
Telephone: (714) 536-5227
Filename:G:\Transportation Division\KATO\MISC\PENINSULA\NOTICE OF PUBLIC HEARING.doc
Ve(rome to
THE CITY OF HUNTINGTON BEACH
g
t.
A portion of the document you are
viewing contains additional
information that has not been
scanned . For information on how
to view the original , please contact
or visit the City Clerk's Office for
assistance .
2000 Main Street
2nd Floor — City Hall
Huntington Beach CA 92648
(714) 536-5227
Page 1 of 1
Ross Rebecca
From: ThePeninsulaHOA@aol.com
Sent: Wednesday, May 16, 2001 2:02 PM `� \
To: BDicksion@meritpm.com
Cc: grcorp@ix.netcom.com; Lalvarez@meritpm.com; Hdawson@meritpm.com; Hillslife@aol.com;
Jim_and_Erna_Markwith@email.msn.com; Ijs@arinsurance.com; rossr@surfcity-hb.org
Subject: Police inforcement for The Peninsula at Seacliff HOA
To The Peninsula Board Members:
Yesterday (5-15-01) 1 dropped off the information provided to me by Stephen
Beko (Thanks, Stephen for having copies available)to the City Clerks office
at HB City Hall.
Connie Brockway was not available at the time. I discussed the matter with
Sue Timon (Deputy City Clerk). She made copies of our paperwork originally
generated by the past president Phil Peterson to Robert Beardsley (Director
of Public Works)
to discuss the matter with Ms. Brockway.
She has called me today to inform us that they have made copies of their
in-house communications and that they will hand carry this down to Robert
Beardsley in the Public Works Department.
She indicated that she will have Mr. Beardsly call me just as soon as he has
the opportunity to review the situation.
I have called Sue Timon back to inform her to have Mr. Beardsly contact
Barbara Dicksion at the Merit Property Management Company at (949)465-5137
or e-mail to Barbara at Bdicksion@meritpm.com regarding this matter on behalf
of The Peninsula HOA.
Hopefully we will be able to finally recieve city approval now that the
Greystone Keys were recently approved for HB Police enforcement of their
community.
Mark Frank J f
Pager(800) 589-6193
a)4-
('J
5116101
(isV
(I,`i Y UIERK
CITY OF March 3 0, 2004
HUNTINGTON BEACH, CA
6296 Sunnyside Circle
M MAR 31 All: 51 Huntington Beach, CA 92648
714.745.3788
Ms. Connie Brockway
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Subject: Resolution for Enforcement of California Vehicle Code Provision on Private
Streets in The Peninsula Seacliff Residential Community
Dear Ms. Brockway:
As residents of The Peninsula for almost six years, my wife and I fully support
enforcement of the California Vehicle Code by the Huntington Beach Police Department
on the streets within our community. Currently, there is a serious problem with vehicles
speeding and running STOP signs within The Peninsula. Residents, their guests and
businesses/contractors doing work within our community are all contributing to this
condition.
Most importantly, this situation puts all residents, especially children, at risk. However,
another concern is the ,noise of speeding traffic and the negative affect it has on the
quality of life.
As taxpaying citizens of Huntington Beach, we need the city's support in making our
community safer through its providing the same type of traffic enforcement that is
available throughout the city at large. Therefore, we request the City Council adopt the
subject resolution.
Sincerely,
4
Thomas A. Hohman
7
1'II Y OF ERIC & LINDA RUMLEY
HUNTINGTON BEACH, CA 6471 GLENVIEW CIRCLE
1004 MAR 3 HUNTINGTON BEACH, CA 92648-6601
C 3$ TELEPHONE: 714-846-8710
E-MAIL:rumley@rumleymarine.com
March 29, 2004
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach,CA 92648
Dear Ms. Brockway,
Re: Enforcement of California Vehicle Code Provisions on Private Street in the Peninsula at
Huntington SeaCliff Residential Community.
We urge the Council to defer the public hearing scheduled for April 5 h on this matter for the following
reasons:
• The Peninsula HOA Board of Directors has not polled the 389 homeowners affected to determine
their interest in promoting this resolution and therefore does not have a mandate for this initiative.
• The minutes of the Peninsula board meetings published to the HOA members do not record a vote
to request police enforcement. The California Vehicle Code requires such a vote before
submission of a petition.
• Passage of the resolution would result in the diversion of publicly funded police resources to the
policing of just one of many private communities in the city of Huntington Beach.
Section 21107.7 of the California Vehicle Code provides:
"No ordinance or resolution shall be enacted unless there is first filed with the city or county a
petition requesting it by a majority of the owners (emphasis added) of any privately owned and
maintained road, or at least by a majority of the board of directors of a common interest
development..................."
The language of the code suggests that the authors had a clear preference that such petitions be supported
by a majority of the owners. The Peninsula board has made no effort to determine whether the
community at large supports this resolution. No meetings have been called, no reports written to the
homeowners and the monthly open session minutes do not mention the proposal.
Democracy demands that the 389 homeowners of Peninsula be given a full review of the case for this
resolution, and an opportunity to vote in favor or against it before a petition is submitted to the Council.
We trust that the Council will recognize that the democratic process has not been followed in this case
and defer the public hearing until such time that the Peninsula board has a mandate from the homeowners
to pursu this matter further.
Si e ly, /
Eric&Linda Rumley L t
f
• i • CITY OF HUNTINGTON BEACH
.; INTERDEPARTMENTAL COMMUNICATION
TO: Honorable Mayor and City Councilmembers
FROM: CONNIE BROCKWAY, City Clerk C
DATE: December 13, 1999
SUBJECT: Request for City Council to Extend California Vehicle Code Section. 21107.7 to
(The Peninsula Homeowners Association). Submitted at this time for Council
Information Only.
Attached for your information is a letter with attachments dated December 8, 1999 from
Philip M. Peterson, President, Peninsula Homeowners Association requiring the City Council to
extend the provisions of the CVC Code to the Association per their petition.
This communication has been sent to the City Attorney, City Administrator, Police Chief and Fire
Chief.
Approval or Denial must be set forth on a City Council Agenda.
Attachments
cc: Gail Hutton, City Attorney
Ray Silver, City Administrator
Ronald Lowenberg, Police Chief
Michael Dolder, Fire Chief
G:CBMemosb9-266cd.doc J
/��fR,2�1
/� (/l�wL t (/�
THE PENINSULA
Homeowners Association
December 8, 1999
Mr. Robert Beardsley, PE
Director of Public Works
City Of Huntington Beach
2000 Main Street
Huntington Beach, CA. 92648 `t
c `
Dear Mr. Beardsley: } w�
The Peninsula at Huntington Seacliff is a common interest development community with privately oZed steeGs;.l
located within the City of Huntington Beach, generally bounded by Seapoint Avenue to the West, Summit 1Sfie
to the North and the Northerly edge of the Seacliff Golf Course to the East, South and West. ram,
Over 200 non resident vehicles per day visit the community and the public as well as residents are being.adversely
impacted by numerous violations of the vehicle code including failure to observe posted stop and speedlimir
signs and parking regulations governing unattached trailers, vehicles facing the wrong way, diagonal parking on
cul-de-sac's and parking in front of fire hydrants.
Within the range of violations observed, several relate directly to pubic health and safety issues over which the
City currently has jurisdiction. It has also been brought to the attention of the Board of Directors that the
California Vehicle Code provides, in Section 21107.7,for the City Council to extend the provisions of the Code
to the Association upon our petition, and that the City Council has previously adopted similar resolutions for
Seacliff on the Greens, and Beachwalk/Huntington Seacliff.
Consequently the Peninsula Homeowners Association requests the City of Huntington Beach to declare the
privately owned streets and roads of the Association to be subject to the application of the provisions of the
California Vehicle Code in accordance with the accompanying Resolution of the Directors of the Peninsula
Homeowners Association as provided for in Section 21107.7 of the California Vehicle Code.
The Board of Directors further requests that the Department of Public Works provide all studies, direction and/or
information necessary for the Association to proceed before the City Council with this petition, and offers our full
support and cooperation in achieving the requested action.
Accompanying this letter for your convenience and reference are copies of Section 21107.7 CVC; City Council
Resolution 6353 declaring the privately owned streets in Seacliff on the Greens, and City Council Resolution
4938 declaring the privately owned streets of Beachwalk/Huntington Seacliff,to be subject to the provisions of
the state vehicle code; as well as a draft resolution for the application sought by this petition.
Thank you in advance for your assistance and cooperation, if you should have any questions or need additional
information please contact Barbara Dicksion at Merit Property Management, (949)465-5137.
0 alfCSd of Directors
LW
Pmhilip . Peterson
President
cc: Ms.Gail Hutton,City Attorney
Mr.Ray Silver,City Manager
Chief Ronald Lowenberg,Police Department
Chief Michael Dolder,Fire Department
RESOLUTION OF THE DIRECTORS OF
THE PENINS ULA
Homeowners Association
TO CORPORATE ACTION AT REGULAR MEETING
The undersigned, being a majority of the Directors of the Peninsula Homeowners Association, a Nonprofit
Mutual Benefit Corporation, organized to operate as a Common Interest Development under Section 1350. et.
seq., of the Civil Code of the State of California, do hereby resolve, pursuant to the provisions of Section 310 of
the Corporations Code of the State of California and the Bylaws of this Corporation, to the adoption of the
following corporate resolution effective December 8, 1999.
CALIFORNIA VEHICLE CODE
WHEREAS, the streets and roads of The Peninsula at Huntington Seacliff are privately owned and
maintained and not generally open to the.public for purposes of vehicular travel, but by reason of their
proximity to, and their 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 WHEREAS, California Vehicle Code, Section 21107.7 provides that the Association may petition
the municipal government to adopt an ordinance or resolution declaring the privately owned streets of
the Association to be subject to the California Vehicle Code-,
AND WHEREAS, Article V, Section 1 of the Bylaws of the Peninsula Homeowners Association provides
that all corporate powers shall be exercised by or under the authority of, and the business and affairs of
the Association shall be controlled by the Board-,
NOW, THEREFORE BE IT RESOLVED, by the Board of Directors of the Peninsula Homeowners
Association that it does hereby petition the City Council of the City of Huntington Beach, County of
Orange, State of California to declare the privately owned and maintained streets and roads of this
Association to be subject to the application of the provisions of the California Vehicle Code-,
AND BE IT FURTHER RESOLVED, that the Peninsula Homeowners Association agree to pay for and
install such signs as are required by California Vehicle Code Section 21107.7 at no expense to the City
of Huntington Beach.
VPhiliM. eterson, President Stephen Beko, Vice President
Dol res Hill, Secretary Mounir Hamoui, Treasurer
Louis einmetz, Director
uOPY FOR YOUR
�' �---sow .. o��oR����o Div. 1 T�§21>Y07: � ,:
subjected to the provisions 'bf this kvbde=under+this section; except thosF
provi$ioha> applicable °'�private� property�other than -by action underthi
OeV VZo�„ •- t .. .. t_ «:.1�:�.�'.:. r ,y; .i:mot i"Iy;.('P 'a r+ r.. i.._ �. _ ,.. .. ..:
. ". Y rJ• a.. ire• •: 1. A. i
Added Ch. 614, St ts. 1988:.Effective November IS,.1968.
Private Raads: lVotj�er� for Pufllc Use
. .N
21107.7.- (a) Ajay�ciV. or county may;:b3'ordinance or resoiutiori, find ai d
declare7,that,:tliere and S rifttely'ow.nedt,-and:niamtained roads as'described is
'ere w city thaterithe'or� Wance o ' n ot generally
held.opik�-for. e'of,-tl C,,'.0 bliefor.purpose's:of wehkWar travel bi t, by feaso31
of' tieirr prorty':'to oruriecdoh.nth 1ighways, the interests :of''an
residents 'residing along.,the roa.ds',and the `Ynotoring public`:will best�b
served,l;y .ippli4tiobclbdfrthe prov`is ows of`this' code +to those,roads,: c'
ordinance or resolutioa'-Aill be•enacted sunless:..there'is'fr9t filed,with'.tnie
city or county a petitiom requestingri, �by..;,-a n�ajority..of the.,owners�of. any
privately awned and n iiritained road, or by at'`least a'majority of th6 Board
t
of, of a comra¢ii`-ia iterest developii eiif as defined by'Section 135161
they Civil'Code; that`ia=reapoisible for miritairiing the road, `and without
publk'.'h6aririg'thereon .arid'101days' prior written,notice to all owners of th`�
road or all of the ,owners in" the 'development: Upon" enactment of' th"e
ordinaiicb", ors`regolut an,�: the provisiorig ='of `this `code '`sha11 apply to !thr�
. , . �..
privately owned'and. main ed road.if appropriate signs are erected at the
entrance to the 'road `of the size,= shape, and color"as to be readily'legible
dung.daylight.hours 'F?M a distance of 100 feet, to the effect that'the road
is subject-to the' provzsions of this•• code: The city 'or county may impose
reasonable condition$ ai4mma �authori� the owners, or board of directors of
Y _
the .common uiterest development;-to`:erect traffic signs, signals, markings
and devices which `conform -to 'the -uniform standards and specification
adopted by the Department of'Transportation..
(b)' The department-shall not be required to provide patrol or enforce any
provisions of this code `on any privately owned *and maintained road
subjected to the, provisions, of this 'code under this section, except those
provisions applicable to :private property other than by action under this
section.
(c) As used . in' this:` s+�ction, "privately owned and maintained roads"'
includes roads owned.and maintained by a city, county or district that are
not dedicated to use by the public or are not generally held open for use of the
public for purposes of vehicular travel:
Amended Ch. 605, Stat& 1;9M. Effective January 1, 1989.
COPY FOR YOUR
INFORMATION
.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. .1.0067, City of Huntington Beach, County of
Orange, State of Cali'fo:rnia, requesting this Council to declare
the privately-owned streets in such tracts to be subject to
provisions of the California Vehig a Qde; and
Pursuant to California vehicle Code section 21107 .7, public
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 ge:erally
open to the public for purposes of vehicular travel, but by
reason of the prox.imity 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 si.9ns .required by Salifgrnia Vehicle Code
section 21107.7 at no expense to the city.
i
APY FOR YOUR
WORNATION
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington .Be�dch that it finds and declares that the
privately--owned and maintained roads in Seacliff on the Greens,
Tracts 10068, 10069:, 1249.1., 13196 and Tentative Tract 10057,
namely those streets and roads located within the Seacliff on
the Greens development, are hereby subject to application of
the provisions of theiCalif rn.ia Vehicle ggde.
PASSED AND ADOPTED by tho City Council Of the City of
Huntington Beach at a regular meeting thereof held on
the 6th day of April , 1992.
-- Mayor
AT'UST: APPROVED AS TO FORM:
City Cle~k City Attorney /
:2EVZEWED AND : PROUD: I21 t i l D AND APPRO
/00
&67
City A ministrator Chief of Pr
ice
2 -
COPY FOR YOUR
INFORMATION
RESOLUTION N0. 4938
A RESOLUTION' OF THE CITY COUNCIL OF THE CITY OF
RUNTINGTON BEACH DECLARING 'PRIVATELY-OWNED STREETS
IN BEACWkWHUNTINGTON SEACLZFF 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
Bea chwalk/Hunti:ngton Seacliff, Tracts 7155, 7473, 8003, 8224,
8247 and 8248, city of Huntington Beach, County of Orange, State
of California, ' requesti.ng 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 Beaehwalk 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 XT RESOLVED by the City Council of the
City .of Huntington Beach that it finds and declares that the.
privately-owned and maintained roads in Beachwa.lk/Huntington
CM:ahb
6/26/8o
1.
COPY FOR YOUR
WFORMATION
Seacliff, Tracts 7155, 7473, 8003, 8224, 8247, and 8248, namely
those streets anVroads located within the Beachwallc/Huntington
Seacliff development, are hereby subject to application of the
provisions of the: California Vehicle Code .
PASSED AND ID' OFTED by the City. Council. of-the City. of _
Huntington Beach.'at a regular meeting thereof held on the 17th
day of November , 1980.
Fayor
ATTEST: APPROVED AS TO FORM:
.City Clerk W—' City Attorney
REVIEWED AND APPROVED:
City� Adminis ator
2.
` Res. No. 4§38
STXfE OF CALIFORNIA ) COPY FOR YOUR
COUts'1'Y OF ORANGE
CITY OF HUNrINGTON BEACH ) INFORMUION
1, AbICIA M. .WENTWORT'H, the. duly elected, qualified City
Clerk of the City, of Huntington Reach, 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 Couricil .
at a regular meeting thereof held or. the . 17th day
of November , 1980 , by the following vote:
AYES: Councilmen:
Thomas, Finley, Bailey, Ul ly
NOES: Councilmen:
Pattfnson, MacAllister, Mandic
ABSENT; Councilmen:
None:
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
DRAFT
RESOLUTION NO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DECLARING PRIVATELY-OWNED STREETS
IN THE PENINUSULA AT HUNTINGTON SEACLIFF TRACTS SUBJECT TO
THE PROVISIONS OF THE STATE VEHICLE CODE
WHEREAS, there has been filed with the City of Huntington
Beach a petition, signed by a majority of the board of directors
of the common interest development that owns the roads in The
Peninsula at Huntington Seacliff, Tracts 14700, 15034, 15035,
15036, 15037, 15081, 18082 , 15083 , 15084, 15085, 15086, 15087 and
15088, 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 the provisions of
the California Vehicle Code; and
Pursuant to California Vehicle Code section 21107 . 7 , public
hearing was had before this Council after ten days written notice
duly given to all owners of such roads; and
The City Council finds that those streets and roads within
such Peninsula development generally bounded by Seapoint Avenue
to the West, Summit Drive to the North and the Northerly edge of
the Seacliff Golf Course to the East, South and 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
the 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
- 1 -
DRAFT
The Peninsula Homeowners ' Association has agreed to purchase
and install the signs required by California Vehicle Code section
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 The Peninsula at
Huntington Seacliff, Tracts 14700, 15034, 15035, 15036, 15037,
15081, 18082 , 15083 , 15084, 15085, 15086, 15087 and 15088, namely
those streets and roads located within the Peninsula 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
day of 2000
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Chief of Police
2 -
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Westport
• T 3 Port Ivy
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• 4
5 TM
, $M
—P / N
Tumberry �, ' ' , .• Riviera
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_ S2 S3
�p �°` ' ^ ° , COPY MR YOUR
_ a�,.a�
•tMM t BUILDER PHASE MAP
' yOClATL3
,�..,..�.�.. THE PENINSULA
i
Philip Peterson
From: Philip Peterson [pmpeterson@mindspring.cornJ
Sent: Tuesday, March 28, 2000 9:22 PM
To: 'grcorp@ix.netcom.com'
Subject: RE: Patrol
Hi Steve:
Yes- Susie Newman delivered everything to the City and she was going to arrange for a council member, Dave Sullivan
I think, to maKe the m0ti0r]. The City ClerK, Connie Brockway, was 3LIpposed to contact me when it came up on the
agenda, but I haven't heard anything since we spoke in December. Susie's number is either 374-5906 or 960-3340 (one
is a fax, but 1 forget which). Connie's number is 536-5227, Try to follow up with both of there, 1 have original copies of our
resolution and correspondenec, I'll put a set together for you.
Hope this is useful, Phil
--Original Message-----
From: Stephen Beka(5MTP:grcorp@N.netcom.comi
Sent: Monday,March 27,2000 9:30 ANI
To, Philip Peterson
Cc: Dolores Hill
Subject; Patrol
Phil,
Sorry to bother you during your retirement from the Board, but I have a
question regarding something you were working on. You had submitted a
request to the city in order to get the police to patrol our community
and enforce the speed limit. Can you let me know what the next step is
— to get the ball rolling on this item. Your help would be greatly
appreciated.
Thanks
Stephen Beko
L)
)\A1 V
1
Peninsula HOA Traffic Enforcement April 5, 2004
Item D-1
Q
ON
mw Y _.
om
Itern D-1
c� V
- 4Peinsula at Huntington
� eicle= Co d---eEnforcement
Police Department
Public Works Department
w
Process �,iv36� , �
; 1
:;•;`CVC allows local agencies to enforce
' eticle Code sections
=aR'equires resident petition or request
m fro 'HOA O Bo
ard
• P.e,ninsula HOA satisfied processing
Yw V
hr irements
ech
cretionary act by the City Council
�Q
Peninsula HOA Traffic Enforcement April 5, 2004
Item D-1
_ yQ -
Staff Review h.. 1
.F
P";olice Department
= esource impact and benefit
:w^
'Recommending approval
` Public Works Department
Review processing of request
sure all regulations properly posted if
9 p p Y
r .
proved
.Other Conslde}rat%ons
Previously authorized within four
g-g-Mp'rivate gated communities
IN _
Does not require City maintenance or
dedication of streets
l?oJce response to specific requests
r r during routine patrols
2
Peninsula HOA Traffic Enforcement April 5, 2004
Item D-1
Re 6M-'JL d Act%o de oil
"'-" `Adopt a resolution in support of the
= :=FHOA request enabling the Police
D:e.partment to enforce provisions of
yth: California Vehicle Code
3
t
04-05-2004 OT:21am From-MERIT NI
T-458 P.001/002 F-114
TH .E - PE . .N SULA
CITY Q
HUNTINGTOta E3EACH, CA
AT HUNTINGTON SEACLIFF 1004 APR -5 A10: 31
hie11cninsu1 AHUA(0ao1.com
April 5,2004
Mr. Bob Stachelski
Traffic Engineer,
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Re: Traffic Enforcement Support issue
Dear Bob,
In regards to the Peninsula Homeowners Association's request for traffic enforcement, please be advised that
the request was forwarded in accordance with the By Laws of the Association and applicable State Statutes.
The Bova of Directors,based on appeals from the membership,passed the proper resolution.
We understand that a Mr. Rumley of the Association has forwarded you a letter disagreeing with the
Association's position on the matter. Please be advised that his legal arguments are not valid and we will have
other homeowners at the Council hearing on the matter to refute his position,
In addition,please be advised that in my two years of working with the Association as its Manager,Mr. Rulmley
is the only homeom er who has supported this disagreement for traffic enforcement. Contrarily,there have
been over two-dozen homeowners who I have personally talked to who support the Board's position and request
to the City for traffic enforcement.
Therefore,please consider this letter and the attached e-mail from the Peninsula Homeowners Association's
Board oI'Directors President that rebuts Mr.Rumley's position on the matter as the Association's commitment
to remain in support of its request for traffic enforcement as the request is in the best interest of the Community
at large.
Please give>rte a call if you have any questions at 949-465-5159,
For the Board of Directors,
The Peninsula Homeowners Association
District Manager
Attachment
Mannged by
MERIT PROPERTY MANAGEMENT,INC.
25910 Acero Street,2nd Floor e Mission Viejo,CA 92691.949/465.5555•FAX 949-595-2300
17A11'rxfn9 Snar040504
04-05-2004 07:21am From-MERIT
_ T-458 P.002/002 F-114
Jim Gesner ' '•' t..L
From: Todd Dean ttd@hbsa us] C!T Y OF
Sent: Saturday, April 03,2004 9:57 AM HUNTINGT OEM BEACH, CA
To: Jim Gesner
subject: Rebuttal to Rumley 2004 APR -S A 0: _31
In Rebuttal to "Rumley Letter"
As Pres:Lderit of The Peninsula HOA for the past 2 1/4 years, I can
testify
that the pj:lme conce.cn our citizens have expressed to the board is on
the
issue of "Traffic and Safety".
Our govern;Lng documents do not require a vote of full membership
concerning
our request to en,rorce California Vehicle Code and, as there is no
negative
effect to our community, we see no reason why our membership would not
want
the specified enforcement other than folks who wish to break the law.
As noted in Jim Gesn�.r's letter dated July 14, 2003, the Board
previously
passed a resolution requesting traffic enforcement support for the
community.
As noted in the resolution, the decision as to how to apply resources
will
still :Lie with the HBPD. Our community consists of 389 homes valued in
the
neighborhood of 1/2 billion dollars. This represents revenue to the
city
estimated at 5800,000 per year. All we are asking is to have our fair
share
of services, no more, no less.
As to Section 21107.7 of the California Vehicle Code, we have satisfied
the
clause ". , .or at least by a majority of the board of directors of a
common
interest ctevelopment. . . ." by the board passing a resolution as stated
above.
The language of the code has been met. The board resolution is included
in
the board minutes which arc available for any homeowner to review and
the
subject has teen mentioned in newsletters, emails and most recently in a
letter, dated March 18, 2004 that was distributed to all 389 homeowners
via
US Mail. Since this letter and the subsequent city notification, we
have
received 3 culls or emails on the subject. One from Mr. Rumley and 2
others
who had questions that were satisfied. To my knowledge, there are no
other
homeowners wno oppose this resolution.
Furthermore, I personally called Mr. Rumley and asked what his concerns
were. He staged that he was worried about over enforcement. I asked if
that meant he was worried about getting a ticket for going 2 mph over
the
speed limit and he replied yes. He was also worried about rolling stops
uw_�(YX QN\
04-05-2004 07:21am From—MERIT T-459 P.001/001 F-115
and
J walking and how far this could go. I stated there was no greater
chance
of that being enforced than there would be on any other Huntington Beach
public street.
Therefore, I encourage the Council to pass this resolution and help us
avoid
a possible serious accident in the future.
Best regards,
TODD DEAN
NATIONAL ACCOUNPS MANAGER
VIRBAC CORP. - CONSUMER BRANDS DIVISION
19245 BECKONRIDGE LANE
HUNTINGTON BEACH, CA 92648
OFFICE: (714) 969-8583
FAX: (714) 969-2505
2