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09-123 RESOLUTION NO.09-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE PROVIDING THAT THE VEHICLE CODE WILL BE ENFORCED WITHIN THE TIERRA SHORES COMMUNITY WHEREAS, Vehicle Code Section 21107.7 provides that a city may, by resolution, find and declare that there are privately owned and maintained roads within the City that are not generally held open for use of the public for purposes of vehicular travel but, by reason of their proximity to or connection with highways, the interests of any residents residing along the roads and the motoring public will best be served by application of the provisions of the Vehicle Code to those roads; and WHEREAS, the Tierra Shores Homeowners'Association (the "Association") is a common interest development which presently is responsible for maintaining the road; and WHEREAS, a majority of the Board of Directors of the Association requested the City enforce the Vehicle Code within that community; and WHEREAS, the Association has agreed to fund the full cost of or provide and install the signage required to give notice of application of the Vehicle Code; and WHEREAS, the City Clerk properly noticed a public hearing on this issue and provided notice of such hearing to the Association, which is responsible for notice to its homeowner members; and WHEREAS, the City Council conducted the noticed public hearing at which it took testimony from all those wishing to speak; and WHEREAS, based upon the request from the Association, the staff report and information provided by law enforcement, the City Council finds that it is in the best interests of the residents of Tierra Shores and of the motoring public for the Vehicle Code to apply to the private roads in the development on the terms and conditions set out here. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE RESOLVES AND ORDERS AS FOLLOWS: 1. Effective Date of Vehicle Code Application: The provisions of the California Vehicle code shall apply to the privately owned and maintained road in Tierra Shores at such time as appropriate signs are erected at the entrance to the development in 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 subject to the provisions of this code, which signs have been approved by the City Engineer and Police Chief or his designee. 2. The Association is authorized to erect and thereafter maintain such approved signs and shall do so at its sole cost. City of Menifee Resolution 09-123 Tierra shores enforcement of CVC 3. The application of the Vehicle Code to Tierra Shores does not require the Police Department to patrol or enforce the Vehicle Code on private roads except as otherwise set out in the Vehicle Code and the Association may enforce the Vehicle Code on such roads. PASSED, APPROVED AND ADOPTED THIS�DAY OF , 2009 BY THE FOLLOWING VOTE: AYES: bww" t&o�'/ N 0 E S.—T)()M—) ABSENT: Y 'D Ilk ABSTAIN: )'jt)j 1— Wallace W. Edgerton, Mayor ATTEST: Kathy Bennett, City Clerk 2