Ordinance 2006-11ORDINANCE NO. 2006-11
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GILROY
MAKING CERTAIN FINDINGS AND DECLARATIONS PURSUANT TO
SECTION 21107.6 OF THE CALIFORNIA VEHICLE CODE,
AUTHORIZING THE CITY'S POLICE DEPARTMENT TO ENFORCE
THE PROVISIONS OF THE VEHICLE CODE ON CLUB DRIVE FROM
SANTA TERESA BOULEVARD TO THE EAGLE RIDGE GOLF
COURSE DRIVEWAY, AND ESTABLISHING A SPEED LIMIT OF
THIRTY (30) MILES PER HOUR THEREON.
WHEREAS, the community of Eagle Ridge within the City of Gilroy ( "City ") is a
private, gated residential community and the roads therein are privately owned and maintained
under the auspice of the Eagle Ridge Homeowners Association ( "Association "); and
WHEREAS, the portion of Club Drive within the Eagle Ridge community from Santa
Teresa Boulevard to the Eagle Ridge Golf Course driveway is made open to the public for
vehicular traffic access to the commercial establishments of the Eagle Ridge Golf Course and the
restaurant therein; and
WHEREAS, the Board of Directors for the Association has asked the City to authorize
the City's Police Department to enforce the provisions of the California Vehicle Code on said
section of Club Drive; and
WHEREAS, California Vehicle Code Section 21107.6(a) authorizes the City, after ten
days' prior notice to the owner or owners of a privately owned and maintained road and public
hearing, to find and declare by ordinance that the privately owned and maintained road is
generally held open to the public for purposes of vehicular travel to service commercial
establishments, and specifies that upon enactment of such an ordinance, the provisions of the
Vehicle Code shall apply to the privately owned and maintained road; and
WHEREAS, California Vehicle Code Section 21107.6(b) states that the ordinance
authorizing Vehicle Code enforcement shall not apply if the owner has caused to be erected on
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the road a notice of specified size, shape and color to the effect that the road is privately owned
and maintained and that it is not subject to public traffic regulations or control, and no such sign
has been erected; and
WHEREAS, at the duly- noticed regular City Council meeting of January 18, 2005, the
City Council considered the Association's request for Vehicle Code enforcement and directed
City staff to proceed with steps to commence the enforcement of the provisions of the California
Vehicle Code on said section of Club Drive, including the commissioning of a traffic speed and
traffic control device study to be paid for by the Association; and
WHEREAS, the City commissioned Hexagon Traffic Consultants, Inc. ( "Hexagon ") to
conduct a traffic speed and traffic control device study and on August 10, 2005, Hexagon issued
a report entitled "Engineering and Traffic Survey Results for Club Drive in the Eagle Ridge
Development" ( "Report"), which recommended that the speed limit on said portion of Club
Drive be set at thirty (30) miles per hour, and that certain signage be installed and certain other
signage be removed, and that certain tree limbs be trimmed; and
WHEREAS, on April 3, 2006, the City Council held a public hearing upon ten (10) days'
prior notice to the owner or owners of said portion of Club Drive and wishes to authorize the
City's Police Department to enforce the provisions of the Vehicle Code on Club Drive from
Santa Teresa Boulevard to the Eagle Ridge Golf Course driveway.
NOW, THEREFORE, the City Council of the City of Gilroy does Ordain as follows:
1. The City Council of the City of Gilroy finds and declares that there are privately
owned and maintained roads as described in this Ordinance, specifically Club Drive from Santa
Teresa Boulevard to the Eagle Ridge Golf Course driveway, within the City which are generally
held open to the public for purposes of vehicular traffic to serve commercial establishments at
the golf course.
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2. The signage and other measures commended in the Hexagon Report shall be
installed and implemented under the direction of the City Engineer at the expense of the
Association.
3. Upon the installation and implementation of the signage and other measures set
forth in the Hexagon Report, the City's Police Department is authorized to enforce the provisions
of the California Vehicle Code on said portion of Club Drive.
4. The speed limit on said portion of Club Drive shall be set at thirty (30) miles per
hour, and such speed limit shall be posted as required by law and recommended by the Hexagon
Report.
PASSED AND ADOPTED this Ist day of May, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, CORREA, VELASCO and
PINHEIRO
NOES: COUNCILMEMBERS: BRACCO, GARTMAN, and
VALIQUETTE
ABSENT: COUNCILMEMBERS: NONE
APPROVED
ert Pinheiro, Mayor
ATT
Rhonda Pellin, City Clerk
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01-032406-04706098 Ordinance No. 2006 -11
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2006 -11 is an original ordinance, or a true and correct copy of a city ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
1 st day of May, 2006, at which meeting a quorum was present, and has been published or posted
pursuant to law.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 8th day of May, 2006.
City Clerk of the City of Gilroy
(Seal)