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Home My WebLink About6.1 EnforceVehCdTract5766 ... , CITY CLERK File # D~~[Q-@l[Q) . AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 7,1998 SUBJECT: EXHIBITS ATTACHED: RECOMMENDATION: ,.., _ V 1) (,1f'4 " 2) '{ 3) 4) 5) rANCIAL STATEMENT: Public Hearing: Enforcement of Vehicle Code Within Tract 5766 Hansen Hill Development (phase I Streets) Report Prepared by: Lee S. Thompson, Public Works Director 1) 2) 3) Resolution Location Map cve Section 21107.5 Open Public Hearing Receive Staff Presentation and Public Comment Question Staff and the Public Close Public Hearing and Deliberate Waive Reading and Adopt Resolution None associated with adoption of resolution. Regulatory signage has already been installed by the developer as part ofthe Tract improvements. DESCRIPTION: Most of the' houses in Phase I of the Hansen Hill development are now occupied. In addition, Inspiration Drive serves as the major access to Valley Christian Center, with Bay Laurel Street providing a required second access. Although attempts have been made to discourage school and church traffic from using Bay Laurel, it is recognized that some of the traffic on Bay Laurel is not strictly associated with the development. In the past, Staff has received and reacted to complaints regarding speeding on Bay Laurel; however, Police Services has not been able to fully enforce the 25 mph residential speed limit because the street is not yet an accepted public street. Speed studies performed by staff have indicated that most drivers are within the 25 to 35 mph range, with a few drivers that exceed 40 mph. The radar trailer has been placed on the street several times, and warning citations have been issued to speeders, but as yet, it has not been possible to issue a "real" citation. California Vehicle Code (CVC) Section 21] 07.5 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 ...esolution, the provisions of the CVC will apply to the private road. ...---------------------------------------------~-------------------- COPIES TO: Warmington Homes, Valley Christian Center 6.1 g: \agenmis c\hnsntraf ITEM NO. .. Staff is recommending that this provision be used so that eve regulations will apply to the streets in Phase . I of the development. The streets that are affected are listed in the resolution and indicated on Exhibit 2. This will allow Police Services to issue citations as appropriate for enforcement oftraffic regulations, including (but not limited to) the speed limit, obedience to signs, and turning regulations. Because of punch list work remaining in the Tract, final acceptance of improvements is not expected to take place for a few more months. Notices regarding this public hearing and the action proposed to be taken have been mailed to Valley Christian Center statI: Warmington Homes, and the residents of the development. Staff recommends that the City Council conduct a public hearing, deliberate, and adopt the resolution. . . Page 2 . . . RESOLUTION NO. - 98 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN .*.....** FlNDING AND DECLARING INSPIRATION DRIVE, INSPIRATION CIRCLE, BAY LAUREL STREET, BUCKEYE COURT, BAY LAUREL COURT, AND MEADOW COURT TO BE PRIVATE ROADS OPEN FOR PUBLIC USE UNDER CALIFORNIA VEIDCLE CODE SECTION 21107.5 WHEREAS, Inspiration Drive, Inspiration Circle, Bay Laurel. Street, Buckeye Court, Bay Laurel Court, and Meadow Court 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; NOW, TIffiREFORE, BE IT RESOLVED that the City Council ofthe City of Dublin does hereby find and declare that Inspiration Drive, Inspiration Circle, Bay Laurel Street, Buckeye Court, Bay Laurel Court, and Meadow Court 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 7th day of July, 1998. AYES: NOES: ABSENT: .ABSTAIN": Mayor ATTEST: City Clerk . g'''''emW~\re,o'ov, !'"'.....l'; JJ':!\~d,'-- I ......- ~ ~t"......" ~ .~!,.~ ~~.~.;. l; w.......r _ ~ .... -- A. ..4'.'.=. ./ .. ;.. -r " J . - ! I'~ / j- o '.' c: .:., [D. .. r- ~~ Z ...,' ~ '[D r- <: o ~ \ \ ~~ ~ \ "~'~ I t~~ ............ ~ ' \ .~- 11j J I~~ 't- '... \ ,... , r" . .... ~ ;:0 \ ~Jl' t '" \D . '::~::::::~::<~;. .\~ It> ~i ~ ~:~f " '~_< \... ;1 f::::~r\ J) ". ~; \ \\//~o/ '". ,:' \:l ~.o \ ~~' \ ~ !::';~--" I \~" ::L: P-/ :,: '[IF: ,","", I . , fJt.f:Sf"~' ;::.~. \~/f~ i G:i ~_, , I ,;;;'......---. I ' t""1 , _ .,~ ' '" ....__ ;,. .- ."" (t') \ 7'"",: ~u:. .. \"' '\' ,I / I=' t;1 t; - """"" \ ~ ~-"'- ; ',_! ' /' "'"' \'';:'' ~L"''''- "'"' ~i"l ~,::,. " ~\ _ 1! ___ -' ,..." ~ -J :::: "' t \J:J.\ ~ : ! tu! ~ C) T .~ ) \-;,,\ ~\ g; I' ir,1 ....,...../ \ ~ ~ ;~. __~. , i. I '......i -/.;..'; 2 \ "-'" \...:::. ~\ . 'Ii ~r.ft.._ - '-- j.i;.,., I \ I,~ ~ \ ~,,; ,,' , ~'2" .v:~J / i:\ )" C) 1\ , U I \ '~ ~"\, -,,,... ... \ l!t '\~ I n /F---...J ' ~ v \V ", ~, /(; 9~ -~ \\\"" .,' , \ \_~ :<m",A'~ \ '___. 5 \ \" ",' \;W)~, i~,j )-~i .' If' , 0 J / ;;;; J' -"1 r 0 ' " I~ :-. ! v, -......; :' /~- /2>! /~/ !;;/ i ' . /-;0' t"" _~... 'L ab~F:"7"!r=f. \ .~ 1~ "~' EXrl~s!'T~" . r -.:.::.-~::.::~::_... " ., " .. . . . ~ I~. 1:;- -r: :-.... . .~~. Div.ll -54.9- S21107.6 (b) Local authorities may install signs at or adjacent to an intersection directing that pedestrians shall not cross in a crosswalk :in.dicatedat the intersection. It is unlawful for any pedestr:iaJ1 to cross at the crosswalk prohibited by a sign: . .-- - . ,- '."' - - AmeIlded Ch.417, Stats.1959. Eiiective Septcmbei-lB;l959. .;..._ _-:.,. '~i _ . -- P t R d - - -~." ,- '.. - ..-_.,...-,'..',.... :.'. '"'"...:-,...... T~va E!. oa 5 .:'- , , . . .:: '.. :-.;~. -':,-' - -- 21107. The provisions of this code shall Dot prevent 'any. 'diy- from - adopting rules and regulations .by 'ordinaIice: or resolution, -T~gulati:ng vehicular t:rafiic on privatel-y own.ed and 'TTl~in'bined roads located 'Within the boundary of suc:h city, except that no such ordinanCe or resolution sball . be effective until signs giving DOtice thereof are posted on the roads affected.. The provisi~ns ~f this_section shall not apply to ~~ city _in w~ch, .th~ B;I::- public1y:mmntain.ed cty streets_ :-. ' . :':-- ... '.... . . -':.' -; - Private Roads Open for Public Use 21107.5: (a) 1my city or county may, by, orDinance or Tesolution, jIDd and declare that there are privately owned and maintained roads as desenl>ed in the ordimmce or resolution within the city or county :that axe gener.a11y held open for use by the public for vehic:ular travel and which so connect with higbways that the public cannot determine that the roads axe Dot highways. Upon enactment b:r a city or county of the ordIDance or resolution, this code shall apply to the privately owned anrl maintained road, exc:ept as -provided in subdivision (b). . - (b) No ordinance or resolution enacted under subdivision (a) shall apply to any road on whic:h the ownerbas erected a notice of.a size, shape and color as to be TeaCily legible during daylight hours from a distance 0000 feet to the effect that the road is priva'tely owned and maintained and that it is not subject to "Dublic traffic regulations or control., . (c) No ~dinance or resolution shall be enacted under subdivision (a) without a public bearing after 10 days' written notice to the owner of the privately owned and JDaintained road involved. (d) The department shall not be required to provide patrol or enforce any provision of this cod~ on any privately owned and maintained road, except those provisions applicable to private prope....-ty, other than pursuant to this section. . ... - - Added Cn. 1901, Stats.-1961. E5edive Septemhlrr 15,l961. .. Repealed and added Cb.. 1873, StaT.>. 1963. Efiect:ive SepU=her 20,1963. Amended eb.. 160, Stats. 1959. ESe::ive January 1, 1990. - . .. Private Roads Serving Commercial Establishments ',... _ . 21107.6. (a) Any city or-conntymay;by ordinance, find and declare that' there are 'Drivatelv owned and maintained 'TOads as described in such ordinance ~tilln the city or county which are generally held oPen to -the 'Dublic for 'DUTDOSeS of vehicular travel to serve commercial establishments. Upon enactment by a city 0"" county of such an ordinance, the provisions of. this code shall apply to any su:::h privately owned and maintained road. No ordinance shall be enacted under this section without a . public hearing' thereon and 10 days' prior DO-;:ice to the own~ofthe privately owned and maintainec: :mac. involved. --;, .. . .. -:. -." -,' - . , _ :. CD) N ot:withs'"..anriing the provisions of subciivision (a) no ordinance enacted thereunder shall apply to any road described therein OD .which the, owner has ::a used 'to be erected a noti:::e of s6 size, share and coloT as to be readily legible du..-:...ng daylight hou=:; from .a distance of-lOO fee:,-:tothe effect that the ,road i.:. privaf:e13: owneo and main~ed ~,that -it is not-subject .to pubuc =:am.:: regwa1J.ons OT contr?l :::.: y: :- ,c:-:_.-'":. .-,,-. - ."-:..' _:-_,.:. ',-;~:,~: :'::: t~ !~~ r ! ,. . ~ . i. j I r I i , t r , 1 f ! [ ~YH!~~ft $___._ \PI'" .~, ~ t' );,. ~ Ir ~ :-3IUI'., . =..---..---__. '_~ '