HomeMy WebLinkAboutItem 6.2 Vehicle Enforce HacienCITY CLERK
File # O0590-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 18, 2000
SUBJECT:
Public Hearing: Enforcement of Vehicle Code Within Hacienda
Crossings Shopping Center (second reading)
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1)
2)
3)
Draft Ordinance (including Exhibit Map)
Copy of Notice to Business and Property Owners
Copy of CVC Sections 21107.6 and 21107.8
RECOMMENDATION:
4)
5)
6)
Open Public Hearing
Receive Staff presentation
Receive public testimony
Close public hearing
Deliberate
Waive reading and adopt ordinance for enforcement of
California Vehicle Code regulations within Hacienda
Crossings..
FINANCIAL STATEMENT:
Traffic control devices have been installed by the shopping center,
there is no additional cost to the City.
DESCRIPTION: This is the second reading of a proposed ordinance that was
introduced at the April 4th City Council meeting. With the opening of the Regal Theater scheduled for
May and the anticipated influx of traffic into an already busy sh0pping center, Police Services has
requested to be able to enforce the California Vehicle Code (CVC) within the center.
Section 21107.6 "Private Roads Serving Commercial Establishments" specifies adoption of an ordinance
describing the subject roadways. This section would allow enforcement of the CVC on "roads held open
to the public" for the purpose of serving commercial establishments. The roadways to be included under
this section are those which have signalized intersections with Dublin Boulevard and Hacienda Drive and
which provide general circulation within the center. Upon the effective date of the ordinance, all of the
CVC provisions would be enforceable on these roadways, including speeds, traffic control devices such as
stop signs and parking, and all other general driving regulations.
g:\agenmisc\CVC enforcement hacienda xings
COPIES TO: Hacienda Crossings Business and Property
Owners
Section 21107.8 "Private Parking Facilities" would pertain to the actual parking stall areas and the drive
aisles that directly serve those areas. This section does not allow general enforcement of the entire
vehicle code within the parking areas themselves, but specifically allows enforcement of sections
pertaining to unsafe speed, exhibitionist speed, reckless driving, and off-road vehicles. This section
requires that the property be posted with signing which indicates that the area is subject to public traffic
regulations and control.
It should be noted that CVC regulations which pertain to properly marked fire lanes and disabled persons
parking spaces are enforceable in any case, with or without adoption of this ordinance.
Staff has provided a lO-day hearing notice to the property owners and business owners within the
shopping center as required by law. It is recommended that the City Council conduct a public hearing,
deliberate, waive the reading and adopt the ordinance.
Page 2
ORDINANCE NO. -00
AN ORDINANCE OF THE CITY OF DUBLIN
RELATING TO ENFORCEMENT OF TRAFFIC REGULATIONS
(CALIFORNIA VEHICLE CODE SECTIONS 21107.6 AND 21107.8)
WITHIN HACIENDA CROSSINGS SHOPPING CENTER
(SOUTHEAST CORNER OF DUBLIN BOULEVARD AND HACIENDA DRIVE)
The City Council of the City of Dublin does ordain as follows:
Section 1: Pursuant to California Vehicle Code Section 21107.6, the Dublin City Council finds and
declares that the privately owned and maintained roadways within the Hacienda Crossings Shopping
Center are generally held open to the public for the purpose of vehicular travel to serve commercial
establishments. On this basis, the City Council ordains that California Vehicle Code regulations shall be
enforceable within said roadways, as delineated on Exhibit A attached hereto.
Section 2: Pursuant to California Vehicle Code Section 21107.8, the Dublin City Council finds and
declares that the offstreet parking facility within the Hacienda Crossings Shopping Center is generally
held open to the public for the purpose of vehicular parking. On that basis, the City Council ordains that
provisions of the California Vehicle Code, as detailed in said CVC Section 21107.8, are enforceable
within the parking areas of Hacienda Crossings as delineated on Exhibit A attached hereto. Said
enforcement is conditioned upon erection of signs which state that the off.street parking facility is subject
to public traffic regulations and control.
Section 3: This ordinance shall become effective 30 days atter its final passage and adoption by the
City Council. The City Clerk of the City of Dublin shall cause this ordinance to be posted in at least three
(3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the
State of California.
PASSED, APPROVED AND ADOPTED this 18th day of April, 2000.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
g: ~agenrnisc[ord crc enforce hacienda xings
./
ENFORCEMEN.T_. _
SECTION 2: LIMITED
;ENFORCEMENT
~HAC!ENDA CROSSINGS.
~ DU~!z'N, C I.A.!~. OPqNt. i
P. 0. Box 2340, Dublin, California 94558
City Offices, 1 OD Civic Plaza, Dublin California 9456S
March 21, 2000
Subject:
Enforcement of California Vehicle Code
Within Hacienda Crossings Shopping Center
Dear Properly Owner or Business Owner:.
The City of Dublin anticipates a sizeable influx of traffic from many areas into Hacienda Crossings when
the Regal Theater complex opens. In order to preserve public safety and a desirable business climate
within the shopping center, City staff is recommending that the City Council adopt an ordinance which
would allow enforcement of traffic regulations within the center. The particulars are as follows (see
diag,-am for clarification):
The main roadways within the center are proposed to be subject to all of the provisions of the
California Vehicle Code, including speeding, lane use, obedience to traffic control devices (signs,
signals, pavement and curb markings), and all other driving regulations. Main roads are defined as
those which are entered directly from a public street_
2. The parking areas would be subject to laws pertaining to safe speed, reckless driving, exhibitionist
speed, and off-road vehicles.
.: :' ":,Regulations peCaining to properly marked fire lanes and disabled persons parking spaces are
-~'-'-. enforceable whether or not this proposed ordinance is adopted.
The Dublin City Council will hold pubtic heatings regarding this proposed Ordinance at the regular City
Council meetings of April 4t~ and.April 18th, 2000. The meetings will be held at 7:00 p.m. in the City
Council Chambers of the Dublin Civic Center, 1OD Civic Plaza, Dublin CA 94568. Final action is
~)ro~osed to take place at the Aodl lBt~ meetina. The City of Dublin encourages residents and business
owne.~ to attend pubiic meetings and comment on tlne issues being discussed. If you would like to
provide input and are unable to attend either of the meetings, wri2en comments provided to the City
Clerk prior to the meeting date and time will be entered as testimony.
If you have any questions regarding the propased ordinance, please feel free to call the City Public
Works Department at 833-6630.
City Councilmembers
Rich Ambrose, City Manager
Gary Thuman, Police Chief
Chris Foss, Economic Development Manager
Sincerely,
PUI~LIC WORKS DE,~/RTMENT
.Public Works Director
Code "¢nfo~ement (925) 833-6610 - Engineering (~2~ 833-6~
E~'anumi: Development (S2~ F..33-655D - Poli:e (925) 833-6570 * Public. Worm ,___, ......
W'e~t~ 19OCUlTient ~etneval
21107.6. (a) Any city or county may, by ordinance, find and declare
~hat the~e are privately owned and maintained roads as described in
such ordinance within the city or county which are generally held
open to the public for purposes of vehicular travel to serve
commercial establishments. Upon enactment by a city or county of
such an ordinance, the provisions of this code shall apply to any
such privately owned and maintained road. No ordinance shall be
enacted Under this section without a public hearing thereon and !0
days' prior notice to the owner of the privately owned and maintained
road involved.
(b) Notwithstanding the provisions of subdivision (a) no ordinance
enacted thereunder shall apply to any road described therein on
which the owner has caused to be erected a notice of such size, shape
and color as to be readily legible during daylight hours from a
distance of !00 feet, to the effect that the road is privately owned
and maintained and that it is not subject to public traffic
regulations or control.
(c) The department shall not be required to provide patrol or
enforce any provisions of this oode on any privately owned and
maintained road subjected to the provisions of this code under this
section, ezcept those provisions applicable to private property other
~han by action under this section.
http://www.le~Lfo.ca .... /waisgate?WAISdoclD=-5473115!
. W.~IS Document Retrieval
21107.8. (a) Any city or county may, by ordinance or resolution,
find and declare that there are privately owned and maintained
offstreet parking facilities as described in the ordinance or
resolution within the city or county that are generally held open for
use of the public for purposes of vehicular parking. Upon enactment
by a city or county of the ordinance or resolution, Sections 22350,
23103, and 23109 and the provisions of Division 16.5 (commencing with
Section 38000) shall apply to privately owned and maintained
offstreet parking facilities, except as provided in subdivision (b).
(b) Notwithstanding the provisions of subdivision (a),.no
ordinance or resolution enacted thereunder shall apply to any
offstreet parking facility described therein unless the owner or
operator has caused to be posted in a conspicuous place at each
entrance to that offstreet parking facility a notice not less than 17
by 22 inches in size with lettering not less than one inch in
height, to the effect that the offstreet parking facility is subject
to public traffic regulations and control.
(c) No ordinance or resolution shall be enacted under subdivision
(a) without a public hearing thereon and 10 days prior written notice
to the owner and operator of the privately o-~rned and maintained
offstreet parking facility involved.
(d) Section 22507.8 may be enforced without enactment of an
ordinance or resolution as required under subdivision (a) or the
posting of a notice at each entrance to the offstreet parking
facility as required under subdivision (b).
(e) The department shall not be required to provide patrol or
enforce any provisions of this code on any privately owned and
maintained offstreet parking facility subject to the provisions of
this ¢o~e under this section except those provisions applicable to
private property other than by action under this section.
hrtP://www.le~nfo.ca .... /Waisgate?WAISdoclD=5473115926+0+0+0&WAISaction=retriev 03/! 5/2000