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Resolution 2016-511 RESOLUTION NO. 2016-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING CERTAIN FINDINGS AND DECLARATIONS PURSUANT TO SECTION 21107.7 OF THE CALIFORNIA VEHICLE CODE, AUTHORIZING THE CITY'S POLICE DEPARTMENT TO ENFORCE THE PROVISIONS OF THE CALIFORNIA VEHICLE CODE ON PRIVATE ROADS WITHIN THE EAGLE RIDGE COMMUNITY WHEREAS, the Eagle Ridge Community within the City of Gilroy ( "City ") is a private, gated residential community, and the roads therein are privately owned and maintained by the Eagle Ridge Homeowners Association ( "Association"); and WHEREAS, a majority of the Board of Directors of the Association has filed a petition with the City requesting the City enforce the provisions of the California Vehicle Code on private roads within the Eagle Ridge Community; and WHEREAS, at the duly- noticed regular City Council meeting of September 12, 2016, the City Council considered the Association's request for enforcement of the California Vehicle Code and directed City staff to proceed with steps to commence the enforcement of the provisions of the California Vehicle Code on the private roads within the Eagle Ridge Community; and WHEREAS, California Vehicle Code Section 21107.7(a) authorizes the City, after a public hearing thereon and ten days' prior notice to the owner or owners of a privately -owned and maintained road, to specify that upon adoption of a resolution or ordinance with appropriate findings, the provisions of the California Vehicle Code shall apply to the privately -owned and maintained road; and WHEREAS, in conformance with City of Gilroy ORDINANCE NO. 2006-11, the Gilroy Police Department ( "GPD ") currently enforces speed and traffic violations within the Eagle RESOLUTION NO. 2016-51 4842- 19484216v6 ALR04706083 2 Ridge Community on Club Drive from Santa Teresa to the Eagle Ridge Clubhouse so long as a valid speed survey is in place; and WHEREAS, in 2016, the Association produced a valid Engineering and Traffic Survey for the roads within the Eagle Ridge Community which allows the GPD to continue to enforce speed and traffic violations as witnessed by the traffic unit and patrol officers on Club Drive; and WHEREAS, in 2013, the Institute of Traffic Safety at UC Berkley completed a comprehensive Traffic Safety Evaluation for the City of Gilroy ( "2013 Gilroy TSE "), the main objective of which was to improve traffic safety in the City, including safety for vehicles, pedestrians and bicyclists. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY, AS FOLLOWS: 1. The provisions herein apply to privately -owned and maintained roads within the Eagle Ridge Community, consistent with the valid 2016 Engineering and Traffic Survey conducted by the Eagle Ridge Home Owner's Association and accepted by the City's Traffic Engineer, as follows: Aberdeen Court; Adare Court; Alister Court; Ballybunion Court; Ballybunion Drive; Baltrusrol Drive; Berwick Lane; Birkdale Court; Blairgowery Court; Braid Court; Caledonia Way; Carnoustie Court; Club Drive, other than that portion of Club Drive from Santa Teresa Boulevard to the Eagle Ridge Clubhouse; County Down Way; Cruden Bay Way; Dornoch Court; Dunbar Court; Eagle Ridge Court; Eagle Ridge Drive; Edinburgh Way; Fernie Court; Galloway Court; Gullane Way; Hackett Drive; Hoylake Court; Killarney Court; Lahinch Court; Lahinch Drive; Mackenzie Way; Merion Court; Muirfield Way; Musselburgh Way; Narin Way; Old Tom's Court; Olympic Court; Pickeman Court; Pinehurst Place; Pitlochry Drive; Portmarnock Court; Portmarnock Way; Portrush Court; Portrush Lane; Prestwick Court; Roundstone Drive; Southerland Court; St. Andrews Circle; Strath Place; Sunningdale Way; Taymouth Way; Troon Court; Troon Way; Turnberry Way; Walton Health Court; Waterville Place; Winged Foot Drive; and Young Tom's Court (collectively referred to as the `Eagle Ridge Roads "). 2. The City finds that the Eagle Ridge Roads are not generally held open for use of the public for purposes of vehicular travel, but that the Eagle Ridge Roads are connected to or otherwise in proximity to public highways, namely Santa Teresa Boulevard. 3. The City further finds that by reason of the Eagle Ridge Roads' proximity to public RESOLUTION NO. 2016-51 4842 - 19484216x6 ALF104706083 3 highways, the interests of the Eagle Ridge Community residents and the motoring public will best be served by application of the provisions of the California Vehicle Code to the Eagle Ridge Roads. 4. Based on the above findings, the City's Police Department is authorized to enforce the provisions of the California Vehicle Code to provide traffic enforcement on the Eagle Ridge Roads. 5. Traffic enforcement as authorized herein is conditional upon the City's receipt of approval from necessary property owners for the erection of appropriate signs, meeting the locational requirements of California Vehicle Code section 21107.7(a), within the Eagle Ridge Community. PASSED AND ADOPTED this 3rd day of October, 2016, by the following vote: AYES: COUNCILMEMBERS: AULMAN, BRACCO, HARNEY, LEROE- MUNOZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: TUCKER, VELASCO RECUSED: COUNCILMEMBERS: WOODWARD APPROVED: Peter Ewe- Munoz, Mayor Pro T RESOLUTION NO. 2016-51 4842- 19484216v6 ALF104706083 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2016 -51 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the P day of October, 2016 at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this City Clerk of the (Seal) , 2016.