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Home My WebLink AboutItem 6.2 DB-Sebilla-Hacnda-TassEnfrcCod (2)CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: September 12, 1994 SUBJECT: Public Hearing: Enforcement of Vehicle Code on Dublin Boulevard from Sebille Road to Hacienda, Hacienda Drive from Dublin Boulevard to 1-580, and Dublin Boulevard, Hacienda Drive to Tassajara Road Report by: Public Works Director Lee Thompson EXHIBITS ATTACHED: 1) 2) 3) 4) Resolution California Vehicle Code (CVC) Section 21107.5 Excerpt from Amendment to Roadway Agreement - Waiver of Notice Location Map RECOMMENDATION:~ f~ ~-1) 4) 5) Open public hearing Receive Staff presentation and public comment Question Staff and the public Close public hearing and deliberate Adopt resolution FINANCIAL STATEMENT: None DESCRIPTION: The portion of the Dublin Boulevard Extension east of Camp Parks, as well as Hacienda Drive between Dublin Boulevard and the 1-580 Freeway, have not yet been dedicated to the City of Dublin nor purchased in fee as City right-of-way. In order to enforce the provisions of the California Vehicle Code (CVC) on these streets, a resolution must be adopted pursuant to CVC Section 21107.5 (see Exhibit 2). This CVC Section provides that the City Council may adopt a resolution which finds and declares that privately owned roads are held open for public use and so connect with public highways that the public cannot determine that the roads are not highways. Upon adoption of the resolution, the provisions of the CVC shall apply to the private road. The parties to the Roadway Agreement between the City of Dublin, City of Pleasanton, County of Alameda, and Surplus Property Authority have waived the 10-day notice that is normally provided to the property owners prior to adoption of a resolution under this CVC section. (See Exhibit 3) Staff recommends that the City Council conduct a public heating, deliberate, and adopt the resolution pursuant to Section 21107.5 of the Vehicle Code. a : (9495) [septemberlagstcvc CITY CLERK ITEM NO. {_.O,. at,, COPIES TO: City of Pleasanton County of Alameda Surplus Property Authority RESOLUTION NO. -94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN FINDING AND DECLARING DUBLIN BOULEVARD FROM SEBILLE ROAD TO HACIENDA DRIVE, HACIENDA DRIVE FROM DUBLIN BOULEVARD TO 1-580, AND DUBLIN BOULEVARD FROM HACIENDA DRIVE TO TASSAJARA ROAD, TO BE PRIVATE ROADS OPEN FOR PUBLIC USE UNDER CALIFORNIA VEHICLE CODE SECTION 21107.5 WHEREAS, Dublin Boulevard from Sebille Road to Hacienda Drive, Hacienda Drive from Dublin Boulevard to 1-580, and Dublin Boulevard from Hacienda Drive to Tassajara Road are private streets within the City Limits of the City of Dublin; and WHEREAS, said roadways are held open for use by the public for vehicular travel and so connect with highways that the public cannot determine that the roads are not highways; and WHEREAS, said roadways are not identified as privately held or maintained roadways; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby find and declare that Dublin Boulevard from Sebille Road to Hacienda Drive, Hacienda Drive from Dublin Boulevard to 1-580, and Dublin Boulevard from Hacienda Drive to Tassajara Road are open for public use, as defined by Section 21107.5 of the California Vehicle Code. BE IT FURTHER RESOLVED that the provisions of the California Vehicle Code shall be enforced on said roadways. PASSED, APPROVED, AND ADOPTED this 12th day of September, 1994. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a : (9495} ~september [resocvc Div. 11 --549-- § 21107.6 (b) Local authorities may install signs at or adjacent to an intersection directing that pedestrians shall not cross in a crosswalk indicated at the intersection. It is unlawful for any pedestrian to cross at the crosswalk prohibited by a sign. . -~ ' - Amended Ch. 417, Stats. 1959. Effective September 18, 1959. ' -' 21107. The provisions of this code shall not prevent any'city from. adopting rules and regulations by ordinance or resolution, regulating vehicular traffic on privately owned and maintained roads located w~thin the boundary of such city, excePt that no such ordinance or resolution shall be effective until signs giving notice thereof are posted on the roads affected. The provisions of this section shall not apply to any city in which there are publicly maintained city streets. ' .... ' Private Roads Open for Public Use 21107.5. (a) Any city or county may, by ordinance or resolution, find and declare that there are privately owned and maintained roads as described in the ordinance or resolution within the city or county that are generally held open for use by the public for vehicular travel and which so connect with highways that the public cannot determine that the roads are not highways. Upon enactment by a city or county of the ordinance or resolution, this code shall apply to the privately owned and maintained road, except as provided in subdivision (b). (b) No oral/hartco or resolution enacted under subdivision (a) shall apply to any road on ~vhich the owner has erected a notice of a size, shape and color as to be readily legible during daylight hours from a distance of 100 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) No ordinance or resolution shall be enacted under subdivision ia) without a public hearing after 10 days' wTitten notice to the owner of the privately owned and maintained road involved. (d) The department shall not be required to provide patrol or enforce any provision of this code. on any privately owned and maintained road, except those provisions applicable to private property, other than pursuant to this section. Added Ch. 1901, Stats. 1961. Effective September 15, 1961. Repealed and added Ch. 1873, Stats. 1963. Effective September'20, 1963. Amended Ch. 160, Stats. 1989. Effective January 1, 1990. Private Roads Serving Commercial Establishments 21107.6. (a) Any city Or county may, by ~rdJnance, find and deClare that' there 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 pr~vaf~ly owned and m:r[nf,~ned road. No' ordinance shall be enacted under this section without a' public hearing thereon and 10 days' prior notice to the owner of the privately owned and -Co) 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. lO0 feet, tq. the. effect that the road is privately owned and maintained and that it is 'not 'subject to the responsibility of PLEASANTON due to the maintenance of the improvements. Parties waive notice under Vehicle Code section 21107.5 of DUBLIN's intent to adopt a resolution pursuant to section 21107.5 and further agree not to erect notices referred to in subdivision (b) of Vehicle Code section 21107.5. 7. ~_mendment of peracraoh 8 Paragraph 8 subparagraphs (a) (b) Agreement are amended to read as follows: (c) and (e) of the DUBLIN agrees to reimburse PLEAS~NTON in an amount equal to the COSTS OF CONSTRUCTION, toc~t~ with accrued interest, which shall begin to acc_~ae upon the effective date of the Second ~_~endment to this Agreement, provided such reimbursement shall be sc!e!y ~rom the ~roceeds of assessments, special taxes, exactions and/or fees or any bonds secured by such assessments, special taxes, exactions or fees, which are imposed by DUBLIN on any and all property east of Dcugherty Road for the purpose of paying for or reiri~ursing DUBLIN for its ob!igaticn hereunder for the COSTS OF CONSTRUCTION of the ~0 L~NE ACCESS ROAD and the PLACIENDA DRIVE EXTENSION. DUBLIN hereby agrees and promises in good faith to seek a le~ cf assessments, special taxes, exactions and/or fees for the TWO ~NE ACCESS ROAD and the H3. C~ENDA DRI~ EXTENSION on any and all ~~tv east of Dougherty Road, including federally-owned property which is converted to private use by sale or lease, at qbe earliest mracticab!e time and to the fullest extent a!!cwe~ by law in order to rai~ursa PLEAS~NTON for the COSTS OF CONSTRU~ION. Notwithstanding the foregoing, the COSTS OF CONSTRUCTION shall be reduced by' the s~ of $400,000. This reduction is intended to compensate DUBLIN in full for all of the traffic impacts on DUBLIN streets and intersections both within the City limits and within the Eastern DUBLIN area which may result from the full buildout of the Hacienda Business Park as approved by Pleasanton OrdinaDge Nu~ers !59~ ~ ~=~ ~'=~'~ DUBLIN BLVD EAST OF DOUGHERTY ROAD AREA COVERED IN RESOLUTION