HomeMy WebLinkAboutRES 89-54RESOLUTION NO. 89-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR PROVIDING THAT THE PROVISIONS
OF THE CALIFORNIA VEHICLE CODE SHALL APPLY TO
CERTAIN PRIVATELY OWNED AND MAINTAINED ROADS,
MORE PARTICULARLY DESCRIBED HEREIN, WITHIN THE
CITY OF DIAMOND BAR.
A. Recitals.
(i) California Vehicle Code Section 21107.5(a)
provides, in pertinent part, as follows:
"Any city may, by . . . resolution, find and
declare that there are privately owned and maintained
roads as described in said . . . resolution within the
city that are generally held open for use of the public
for purposes of vehicular travel and which are so
connected with highways that the public cannot determine
that such roads are not highways. . . . Upon enactment
'-` by a city . . . of such [a] . . . resolution, the
provisions of this code shall apply to any such
privately owned and maintained road, except as provided
in subdivision (b)."
(ii) California Vehicle Code Section 21107.5(b)
provides, in pertinent part, as follows:
"Notwithstanding the provisions of subdivision (a)
no . . . resolution enacted thereunder shall apply to
any road described therein on which the owner has caused
to be erected a notice of such 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
privately owned and maintained and that it is not
subject to public traffic regulations or control."
(iii) There are, within the City of Diamond Bar and
within Tract Nos. 42585 and 42586, certain roads which are owned,
at present, by South County Corporation, a California
corporation, and which, upon completion and acceptance by this
1
City Council will become public streets. Said roads are now
generally held open to the public for purposes of vehicular
travel. The location of said roads (hereinafter referred to as
"said roads") is specifically depicted and colored in red on
Exhibit "A" attached hereto and incorporated herein by reference.
(iv) The owner of said roads has been informed that
the City of Diamond Bar desires to enforce Vehicle Code
provisions thereon and said owner has received written notice, as
required by California Vehicle Code Section 21107.5(c), of a
public hearing to be conducted on the subject matter of this
Resolution more than ten days prior to such hearing. Said
hearing was conducted and concluded prior to the adoption of this
Resolution.
(v) All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution.
NOW, THEREFORE, be it found, determined and resolved by
the City Council of the City of Diamond Bar as follows:
1. In all respects, as set forth in the Recitals,
Part A, of this Resolution.
2. This City Council hereby specifically finds,
declares and resolves that said roads are generally held open to
the public for vehicular travel and that by reason of their
proximity to and connection with highways the interests of the
residents now and to be residing along said roads and the
F
motoring public will be served by the application of the
provisions of the California Vehicle Code to said roads.
3. This Resolution shall become effective immediately
upon adoption thereof and the provisions of the California
Vehicle Code shall apply to said roads.
and
4. The Deputy City Clerk shall:
(a) Certify to the adoption of this Resolution;
(b) Forthwith transmit a certified copy of this
Resolution to the Los Angeles County Sheriff's Department and to
the Municipal Court.
1989.
ADOPTED AND APPROVED this 20th day of June ,
I, TOMMYE NICE, Deputy City Clerk of the City of
Diamond Bar, do hereby certify that the foregoing Resolution was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 20th day of June , 1989, and
was finally passed at a regular meeting of the City Council of
the City of Diamond Bar held on the 90th day of TInFn ,
1989, by the following vote:
3
AYES:
NOES:
ABSENT:
ABSTAINED:
S11011%RESOPARKOB 5.0
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
4
FORBING, WERNER, Mayor Pro Tem
HORCHER and Mayor PAPEN
NONE
MILLER
NONE
ATTEST:
Deputyity Cidirk of
City OX Bar
Tract Nos.
*2-585
4-45&
acs
CHINO kftt L S
w
0 Rj
CHINO HILLS
j,
';y� w ro9E T`{ poi � / � I
r��_.Y 1 • �t .� ;, �.
EXHTIT