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Council Meeting Date: December 17, 2012 Department ID Number: PW 12-067
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
Kenneth W. Small, Chief of Police
SUBJECT: Adopt Resolution No. 2012-84 authorizing the enforcement of
California Vehicle Code Provisions on a private street, Terranova
Circle, in the Seaside Terrace residential community
Statement of Issue: The recommended action on the Resolution authorizes the City's
Police Department to enforce provisions of the California Vehicle Code on Terranova Circle,
the private street in the Seaside Terrace residential community.
Financial Impact: Enforcement of traffic laws on Terranova Circle will require minimal
police staff resources and can be accomplished with the current department budget.
Recommended Action: Motion to:
Adopt Resolution No. 2012-84, "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 the Private Street in the Seaside Terrace Residential Community."
Alternative Action(s): Deny the recommended action.
HB -301- Item 36. - I
REQUEST FOR COUNCIL ACTION
MEETING DATE: 12/17/20.12 DEPARTMENT ID NUMBER: PW 12-067
Analysis: On April 1, 2012, Seaside Terrace Homeowners Association (HOA) transmitted a
request letter (Attachment 2) along with a Board of Directors' passed resolution (Attachment
3) requesting City enforcement of California Vehicle Code provisions on Terranova Circle.
Terranova Circle is a private street in the Seaside Terrace residential community located one
block west of Newland Street just north of Hamilton Avenue.
California Vehicle Code Section 21107.7 authorizes a city to apply the Code's provisions to
privately owned and maintained roads within the city if certain conditions exist. If privately
owned and maintained roads are not generally held open for public use for vehicular travel
but, by reason of their proximity to or connection with streets, the interests of any residents
residing along the roads and the motoring public will best be served by application of the
provisions of the Code, the Code allows a city to enact an ordinance or resolution to apply
the Code's provisions on those streets. No ordinance or resolution shall be enacted unless a
petition, approved by a majority of the board of directors of a common interest development,
is filed with the city. The California Vehicle Code requires written notice of the proposed
enforcement to the owners of the road or all of the owners in the development 10 days prior
to enactment, and that appropriate signs are installed at the entrance that the road is subject
to provisions of the Code. The Seaside Terrace HOA has agreed to pay for and install the
appropriate signs.
Adoption of the Resolution (Attachment 1) makes the determination that Terranova Circle,
because of the proximity and connection to public streets, and in the interests of the
residents and motoring public will best be served by application of the California Vehicle
Code to that street.
Public Works Commission Action: Not required
Environmental Status: Not applicable
Strategic Plan Goal: Maintain and enhance public safety
Attachment(s):
1. Resolution No. 2012-84, "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 the Private Street in the Seaside Terrace Residential
Community."
2. Seaside Terrace Homeowners Association Letter
3. Seaside Terrace Homeowners Association Petition Resolution
4. Seaside Terrace Homeowners Association Notice Letter
Item 36. - 2 xB -302-
ATTACHMENT # 1
RESOLUTION NO. 2012-84
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 THE PRIVATE STREET
IN THE SEASIDE TERRACE RESIDENTIAL COMMUNITY
WHEREAS, the Seaside Terrace Homeowners Association has requested the assistance
of the City of Huntington Beach to enforce provisions of the California Vehicle Code on the
private street within the Seaside Terrace residential community; and
The City Council finds that the street in the Seaside Terrace community is not generally
held open for public use for vehicular travel,but by reason of their proximity to public streets,
the interests of the residents and motoring public will best be served by application of the
California Vehicle Code to the street; 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 May 11, 2012, Seaside Terrace 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 enforcement be
given to the owners of private streets, and notice has been given as required by Code; and
A duly noticed public hearing was held on December 17, 2012 ,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
It finds and declares that after the installation of appropriate signage and markings, the
privately owned and maintained road in the Seaside Terrace residential community known as
Terranova Circle, Tract 16438, is hereby subject to the application of the provisions of the
California Vehicle Code.
12-3542/86570.doc 1
Resolution No. 2012-84
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 17th day of December , 20 12
0
Mayor
REVI AND APPROVED: APPROVED AS TO FORM:
Ci ager C ty Atto ey
INITIATED AND APPROVED:
Director of P'4MIc Works
12-3542/86570.doc 2
Res. No. 2012-84
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN 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 a Regular meeting thereof held on December 17, 2012 by the following vote:
AYES: Sullivan, Hardy, Harper, Boardman ,Carchio, Shaw, Katapodis
NOES: None
ABSENT: None
ABSTAIN: None
CU Clerk and ex-officioalerk of the
City Council of the City of
Huntington Beach, California
ATTAC H M E N T #2
SEASIDE TERRACE
Homeowners Ass rayMr. Travis Hopkins 11, 2012
1Q1�Director of Public Works City of Huntington Beach
2000 Main Street
Huntington Beach,Ca. 92648 WT.OF PMMWJ;C VMKS
Dear Mr. Hopkins:
Seaside Terrace is a common interest development with a privately owned street named Terranova
Circle located within the city of Huntington Beach.
The community has had some problems recently with violations of the vehicle code including parking in
front of a fire hydrant, in a marked fire lane, partially blocking a driveway of another resident, and not
moving a vehicle for up to 6 months at a time. v
The California Vehicle Code provides, in Section 21107.7, for the City Council to extend the provisions of
the Code to the Homeowners Association upon our petition, and that the City Council has previously
adopted similar resolutions for Seacliff on the Greens, BeachwalkjHuntington Seacliff, and The
Peninsula.
Therefore, Seaside Terrace HOA, Inc. requests the City of Huntington Beach to declare the privately
owned street 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 Board of Directors of the Seaside
Terrace Homeowners Association as provided for in Section 21107.7 of the California Vehicle Code.
The Seaside Terrace Homeowners Association agrees 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.
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 BeachwalkjHuntington Seacliff, and City
Council Resolution 2004-18 declaring the privately owned streets of the Peninsula at 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 John Gorske at Bayview Property Management (714-369-8947).
On behalf of the Board of Directors
Thy L. Kuhn, Pre dent
xB -307- Item 36. - 7
ATTAC H M E N T #3
Item 36. - 8 iin -308-
Resolution of the Board of Directors of the
Seaside Terrace Homeowners Association, Inc.
The undersigned, constituting the Board of Directors of the Seaside Terrace Homeowners Association, a
non-profit 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 April 1, 2012.
Whereas,the street of Seaside Terrace is privately owned and maintained and not generally open to the
public,the interests of residing along the street will best be served by an application of the provisions of
the California Vehicle Code to the street;
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,the Bylaws of the Seaside Terrace Homeowners Association provides that all corporate
powers 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 Seaside Terrace 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 street of this Association to be subject to the
application of the provisions of the California Vehicle Code;
And be it further resolved,that the Seaside Terrace 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.
Th mas L. Ku n, President Anthon Dam,Vice President
Donna Szenyeri, Secretary,Treasur
HB -309- Item 36. - 9
ATTAC H M E N T #4
City of Huntington each
2000 Main Street PO Box 190 ® CA 92648
A,h�YCp9 F \
"
Travis K. Hopkins, PE Department of Public Works
Director (714)536-5431
December 5, 2012
Seaside Terrance Homeowners Association
c/o Bayview Property Management
16033 Bolsa Chica,#104-637
Huntington Beach, CA 92649
Dear Seaside Terrace Homeowners Association:
Subject: Enforcement of the California Vehicle code on Terranova Circle
The request to authorize the City of Huntington Beach Police Department to enforce provisions
of the California Vehicle Code on Terranova Circle is a scheduled agenda item at the regular
City Council Meeting on December 17,2012. Staff is recommending adoption of the Resolution
authorizing City Police enforcement. The agenda item can be viewed on the City website the
Friday prior to the City Council Meeting.
Should you have any questions please contact me at(714) 536-5523.
Sincerely,
Bob Stachelski
Transportation Manager
RS/DS: cs