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HomeMy WebLinkAbout18 VEHICLE CD ENF ON PRIV RDS 11-20-07AGENDA REPORT MEETING DATE: NOVEMBER 20, 2007 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: SCOTT M. JORDAN, CHIEF OF POLICE SUBJECT: CALIFORNIA VEHICLE CODE ENFORCEMENT ON PRIVATE ROADWAYS SUMMARY Over the past year, residents located within private communities throughout the City of Tustin have inquired about the police department's ability to enforce the California Vehicle Code on private property. The requests for intervention by the police department are the result of an increase in traffic related issues, such as speeding and failing to stop for posted stop signs, along the private roadways located within the community. The attached resolution would allow the police department to enforce the California Vehicle Code within private communities in the City, following a petition by a majority of the affected residents, a public hearing on the petition, advanced written notice, and the proper posting of signage. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 07-87, authorizing the Police Department to enforce the California Vehicle Code on privately owned roadways within the City of Tustin, pursuant to the process provided in Section 21107.7 of the California Vehicle Code. FISCAL IMPACT All costs necessary to meet the reasonable conditions imposed by the City and the California Vehicle Code concerning the implementation of the program, including the review and processing of the petition, noticing, signage, etc., will be borne by the owners of the private roadways. All Public Works Department review and approval of studies, plans, and inspections will be done in accordance with the City's most recent fee schedule. The estimated costs to provide traffic enforcement will depend on the amount of time expended. Traffic enforcement activities will be conducted as time permits, with no impact on the normal handling of calls for service throughout the City. At some point, the City may impose a fee for the service, considering the City is not required to provide traffic enforcement on private roadways. An assessment of the number of hours of traffic enforcement provided to a Homeowners' Association would be conducted on a regular basis once all conditions for enforcement are met. California Vehicle Code Enforcement on Private Roadways November 20, 2007 Page 2 of 4 BACKGROUND Over the past year, residents of several neighborhoods along the west side of Tustin Ranch Road, behind the gates at Township Drive and Rawlings Way, have seen an increase in traffic related issues along the private roadways located within the community. During the "Public Input" portion of the City Council Meeting on July 17' 2007, three residents brought their specific concerns to the City Council. The issues included speeding and stop sign violations as well as some parking issues. Although the residents are aware the streets are private, they are requesting service. The three individuals who spoke asked that the City conduct research in order to determine the ability of the Police Department to provide them some relief by conducting traffic enforcement. A majority of the City's new neighborhoods in the northeast, as well as "The Legacy," are all private; however, many residents believe the Police Department's ability to enforce the Vehicle Code on private roadways is the number one quality of life issue. This is based on the type and number of complaints to the Department initiated by the impacted residents. Through the Irvine Police Department, we learned that there is a process which would allow the City, via local ordinance or resolution, to have the California Vehicle Code enforced by the Police Department. To date, the City of Irvine has been authorized by a total of 35 homeowner's associations to enforce the Vehicle Code on private roadways. However, the Police Department does not keep track of the number and type of violations issued. Additionally, the Department does not track the amount of enforcement time expended specifically in any of the associations. A recent survey of ten police agencies in Orange County was conducted. Most agencies do not enforce the Vehicle Code on private roadways. Huntington Beach has a process similar to the one we are developing, but the respondent said they weren't aware of any associations that had gone through the steps to empower the agency. The City of Newport Beach may be entering into an agreement with Newport Coast in the near future. DISCUSSION The City Attorney was contacted in order to identify where the City would obtain the authority to enforce the Vehicle Code on privately owned roads. The following information was provided: Section 21107.7 of the Vehicle Code provides a process through which a city may obtain the authority to enforce the Vehicle Code on privately owned roads. Section 21107.7(a) allows a city to adopt an ordinance or resolution subjecting private roads to the Vehicle Code. This may be done if the city finds that, "by reason of their proximity to or connection with highways, California Vehicle Code Enforcement on Private Roadways November 20, 2007 Page 3 of 4 the interests of any residents residing along the roads and the motoring public will best be served by application of the provisions of this [Vehicle] code to those roads." (§ 21107.7(a)) Before the ordinance or resolution may be enacted, the following requirements must be met: • Petition - A minimum 51 % majority of the owners of any privately owned and maintained roadways file a petition with the City requesting that the Vehicle Code be enforced on the privately owned roadways; • Hearing - A public hearing on the petition is held; and • Notice -Written notice is given 10 days prior to the hearing to all owners of the roadways and all owners in the development. Upon enactment of the ordinance or resolution, the provisions of the Vehicle Code will apply only if, "appropriate signs are erected at the entrance to the road of the 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 subject to the provisions of this Code." (§ 21107.7(a)) This Code section also allows the City to impose reasonable conditions and authorize the owners, or board of directors of the common interest development, to erect traffic signs, signals, markings, and devices which conform to the uniform standards and specifications adopted by the California Department of Transportation. In addition there is nothing in § 21107.7 requiring the City to take responsibility for the maintenance of the private roads it polices. The Code section only states that the provisions of the Vehicle Code will be applied to the private roads, and there is nothing in the Vehicle Code about the City maintaining roads. Section 21107.7 repeatedly refers to these private roads as being "privately owned and maintained." Absent some other agreement between the City and the private road owners, the City has no responsibility to maintain these roads simply by enforcing the Vehicle Code. Concerning the issue of whether or not the City should impose a fee for the additional service of providing policing services on private roads, section 21107.7 allows the City to impose "reasonable conditions" when it adopts the ordinance or resolution. The adoption of a fee imposed on the private owners would be a "reasonable condition" considering the City is not required to perform traffic enforcement on private streets, as long as the fee does not exceed the cost of providing the services. As far as parking enforcement is concerned, when a city agrees to patrol private roads pursuant to § 21107.7, it agrees only to enforce the Vehicle Code. This Code section in no way requires cities to enforce the provisions of local ordinances. If the City passes an ordinance or resolution under § 21107.7, it will only be required to enforce those parking laws contained in the Vehicle Code, not local parking ordinances. The bulletin and petition obtained from the City of Irvine has been reworked to fit our needs. Specifically, the petition needed to be revised in order to reflect a majority of the homeowners, and not just the board of the common interest development responsible for maintaining the California Vehicle Code Enforcement on Private Roadways November 20, 2007 Page 4 of 4 private roadway, may sign and file the petition. The petition should also have a signature page for the homeowners to sign if there is no common interest development. The requested changes were made to the petition. See attached. SCOTT M. JORDAN Chief of Police TIM D. SERLET Director of Public Works/City Engineer JEFF BEELER Sergeant, Traffic Division DANA R. KASDAN Engineering Services Manager Attachments: Resolution No. 07-87 Guidelines for CVC Enforcement on Private Roadways (including HOA Petition) RESOLUTION NO. 07-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE ON PRIVATELY MAINTAINED ROADWAYS WHEREAS, residents located within private communities throughout the City of Tustin have inquired about the police department's ability to enforce the California Vehicle Code (CVC) on private property; WHEREAS, the requests for intervention by the police department are the result of an increase in traffic related issues, such as speeding and failing to stop for posted stop signs, along the privately maintained roadways located within the community; WHEREAS, pursuant to the process provided in section 21107.7 of the CVC, the city has the authority to enforce the CVC on privately maintained roadways; WHEREAS, guidelines, subject to change from time to time, have been prepared under which responsibilities of homeowners are identified; WHEREAS, said guidelines require homeowners to employee a traffic engineering consultant for the preparation of a report regarding traffic enforcement issues within their community; WHEREAS, said guidelines include submission of a petition requesting that the City enforce the CVC on certain privately maintained roadways; WHEREAS, a public hearing must be held before the City Council following a ten day (minimum) notification period, at which time a resolution designating that the provisions of the CVC shall be applied to certain privately maintained roadways; WHEREAS, signs as required by the CVC and conforming to the California Manual of Uniform Traffic Control Devices (CA-MUTCD) shall be installed prior to enforcement of the CVC on privately maintained roadways; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin that the California Vehicle Code shall henceforth be enforced on certain privately maintained roadways as specifically approved from time to time by resolution of the City Council. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 20t" day of November 2007. LOU BONE, Mayor ATTEST: City Clerk TUSTIN POLICE DEPARTMENT 300 CENTENNIAL WAY CALIFORNIA 92780 (714) 573.3200 GUIDELINES FOR VEHICLE CODE ENFORCEMENT ON PRIVATE ROADWAYS 21107.7 CVC PURPOSE: California law gives the owners of private property the right of restricting public parking and the local police authority to store vehicles and enforce the provisions of the California Vehicle Code if proper signs are posted. In order to have uniformity throughout the City of Tustin, and to encourage voluntary compliance, the following guidelines are set forth. PROPERTY OWNER'S RESPONSIBILITIES: I. 21107.7 CVC A. Any city may, by ordinance or resolution, find and declare that there are privately owned and maintained roads within the city that by reason of their proximity to or connection with highways, the interests of any residents residing along such road and the motoring public will be served by application of provisions of the California Vehicle Code to such roads. B. Pursuant to Section 21107.7 CVC, the below procedure must be followed: 1. A petition, signed by a majority of 51 % of the owners of any such privately owned and maintained road and by at least a majority of the board of directors of a common interest development must be filed with the City Clerk. You should include with your board petition either a legal description of those streets addressed in your request or a description of those streets which defines their boundaries. Please refer to the attached instructions for petition. In addition to the above, the board of directors of a common interest development must provide the City of Tustin -.City Clerk's Office with completed address labels for all property owners affected by this request. 2. A public hearing will be scheduled before the City Council. Following the hearing, the Council may adopt a resolution designating that the provisions of the Vehicle Code shall be applied to the private streets in question. A notice of public hearing will be published 10 days prior to the public hearing. II. Public Safety and Traffic Engineering Guidelines for California Vehicle Code (CVC) Enforcement in Private Residential Communities: [Note: "HOA" refers to either the Homeowners Association, related Property Management Company, or their representative serving as applicant] Prior to submitting a petition for CVC enforcement, the HOA must meet with Public Safety -Traffic Engineering staff to address the below listed issues. For consideration of CVC enforcement, one or more of three different types of enforcement issues should be identified by the HOA: 1) traffic control signs, 2) speeding, and 3) parking. For each of these issues, HOA shall employ the services of a traffic engineering consultant for the preparation of a report, which should address the following: A. Traffic Control Signs. Document the appropriateness (i.e., location and justifi- cation) of existing STOP or YIELD signs, and the need for additional STOP or YIELD signs, based on: 1) Primary vehicular flow patterns within the complex; 2) Primary pedestrian flow across drive aisles (e.g., to and from clubhouse, pools, tennis courts, etc.); 3) Sight distance at key conflict areas; and 4) Conformance with all applicable sections of the Caltrans Traffic Manual and/or the California Manual on Uniform Traffic Control Devices (CA- MUTCD). B. Speeding. Identify the locations within the subject community where speeding is perceived to be problematic. A map of the private community should be provided, with locations of all speed control devices. It is important to note that the California Vehicle Code sets forth specific guidelines for determining enforceable speeds on streets. Thus, the HOA shall identify and summarize the process for determining prima facie and/or posted speeds within the subject area. C. Parking. Provide a parking study, which would include: 1) A map of the area showing where parking overflow becomes an issue, either within the private community or on City streets, and where parking restrictions are needed for reasons of safety. Once completed, the report shall be presented to the City of Tustin Traffic Engineering section of Public Works for review. Upon receipt of the report, Traffic Engineering staff shall review and make recommendations that will be included along with the petition that is filed by the HOA with the City Clerk. Upon enactment of the ordinance or resolution, the provisions of the CVC shall apply to the privately owned and maintained road if appropriate signs are erected throughout the community. Also, signs must be installed at the entrance to the road of the 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 subject to the provisions of the CVC. If the HOA receives City Council approval, ALL appropriate provisions of the California Vehicle Code will be enforced. For additional information or assistance, call the City of Tustin Public Works Department at (714) 573-3150 or the City of Tustin Police Department Traffic Supervisor at (714) 573-3219. Attachment: Homeowners' Association Petition PETITION OF HOMEOWNER'S ASSOCIATION REQUESTING CITY ENFORCEMENT OF PRIVATE STREETS THIS PETITION OF____ HOMEOWNER'S ASSOCIATION REQUESTING CITY ENFORCEMENT OF PRIVATE STREETS ("Petition") is dated this day of 2007. WHEREAS, the Homeowner's Association ("Association") desires to submit this Petition in order to request that the City of Tustin, a municipal corporation ("City"), by ordinance or resolution, find and declare that the privately owned and maintained roads within the City and the interests of the residents residing along the roads and the motoring public, by reason of their proximity to or connection with highways, will best be served by application of California Vehicle Code (C.V.C) § 21107.7 to those roads. NOW, THEREFORE, BE IT RESOLVED that this Petition was regularly introduced and adopted by the Board at a duly notified regular meeting held on the day of 2007. RESOLVED FURTHER, that the decision to file this Petition with the City was made by a 51 % majority of the owners of the Association, and by at least a majority of the Board. RESOLVED FURTHER, that in accordance with C.V.C. § 21107.7, the Association gave the owners of the road or all owners in the Association development ten (10) days' prior written notice of the decision to file this Petition with the City; RESOLVED FURTHER, that the Association acknowledges and understands that pursuant to C.V.C. § 21107.7, the City may impose reasonable conditions and may authorize the Association to erect. traffic signs, signals, markings, and devices which conform to the uniform standards and specifications adopted by the Department of Transportation and/or City regulations governing the same. RESOLVED FURTHER, that the Association acknowledges and understands that all costs necessary to meet the reasonable conditions imposed by the City and California Vehicle Code concerning the implementation of the program, including the review and processing of the petition, noticing, signage, etc., will be borne by the Association. RESOLVED FURTHER, that the foregoing named persons are the officers of the Association, duly elected or appointed, qualified and acting as such, and that the signatures set opposite their names are their genuine signatures and may be accepted as such by City. RESOLVED FURTHER, that this Petition is signed by all the members of the Board that are in support of the Petition and that the undersigned collectively constitute a majority of the Board. President of the Board Vice-President of the Board Secretary of the Board Other Members in support of this Petition: Member of the Board Member of the Board Member of the Board Member of the Board Member of the Board Member of the Board Member of the Board Member of the Board I, ,Secretary of the Homeowner's Association, do hereby certify that the foregoing Petition was regularly introduced and adopted by the Board of Directors at a duly noticed regular meeting held on the day of 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Secretary of the Homeowner's Association INSTRUCTIONS FOR PETITION 1. Introduce the petition at a duly notified regular meeting of the Board of Directors of the homeowner's association ("Board") and obtain the consent of the majority of the Board to file the petition with the City. Furthermore, the consent of a minimum fifty-one percent (51 %) majority of the owners of the development must be obtained. 2. Provide the owners of the road or all owners in the development ten (10) days prior written notice of the Association's intention to file the petition with the City. 3. Complete the petition in its entirety. 4. Send the petition to: City of Tustin Attn: City Clerk 300 Centennial Way Tustin, CA 92780 5. Submit a deposit to cover the estimated costs to be incurred by the City for review of the petition, traffic engineering report, traffic plans, meetings, etc., with the understanding that all reasonable costs will be born by the Association. Money not expended will be returned. 6. Comply with all City conditions with respect to the placement of traffic signs, signals, markings, and devices within the development.