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
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