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Home My WebLink AboutAGENDA REPORT 1996 0807 CC REG ITEM 08BC i ty o f Moorpark _ Agenda Report �� "�•vy TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: July 26, 1996 (Council Meeting 8 -7 -96) SUBJECT: A Resolution to Enable the Enforcement of the California Vehicle Code on the Private Roads and Parking Facilities Located at the Varsity Park Plaza Commercial Center (Northwest Corner of Princeton Avenue and Amherst Street) e y`1_- This presents for consideration at a public hearing, a resolution making the private roads and parking areas at the Varsity Park Plaza shopping center, located at the northwest corner of Princeton Avenue an Amherst Street, subject to the provisions of the California Vehicle Code (CVC). The City enforces the CVC on privately owned and maintained roads and parking facilities within a number of commercial shopping centers and multi- family residential developments. B. Authority 1. Private Roads Serving Commercial Property: CVC Section 21107.6 states that the City Council may find that there are privately owned and maintained roads generally held open for use by the public for vehicular travel to serve commercial establishments, and may direct that said roads be subject to the provisions of the CVC. 2. Private Parking Facilities: CVC Section 21107.8 states that the City Council may find that there are privately owned and maintained off street parking facilities which are generally held open for the use of the public for vehicular parking, and may direct that said parking facilities be subject to Sections 22350, 23103, 23109 and Division 16.5 (Section 38000 et.seq.) of the CVC. wp51\rpt\cvc12 100CA 3 Varsity Park Plaza August 1996 Page 2 C. Request Some sections of the CVC related to traffic enforcement on private property require the property owner to first request such enforcement before the City Council may consider taking such an action. The above cited sections of the CVC do not. However, these sections do require the property owner to post signs advising the driving public of such enforcement. It has been the policy of the City, therefore, to only consider the adoption of such Resolutions subsequent to the receipt of a request from the property owner that the CVC be enforced on their property. The City is in receipt of such a request from the owner of the shopping center (Exhibit 1). D. Hearing A Resolution making the CVC applicable to privately owned and maintained roads and parking facilities may only be adopted subsequent to a public hearing on the matter. Notice of such a hearing must be sent to the owner of the affected property at least ten (10) days prior to the date of the public hearing. Such a notice (Exhibit 2) was sent to the owner of the shopping center. E. Signs As stated above, subsequent to the adoption of such a Resolution, these provisions may only be enforce when and if the property owner installs certain signs giving notice that the provisions of the CVC are enforced on private property. RECOMMENDED ACTION Staff recommends that the City Council adopt the attached resolution (Exhibit 3) declaring certain roads and parking facilities on private property subject to the California Vehicle Code. wp51 \rpt \cvc12 X� -.. WECEIVED Varsity Park Plaza Group 23586 Calabasas Road, Suite 202, Calabasas, California 91302 -1322 (818) 223 -9070 FAX (818) 223 -9071 City of Moorpark Public Works Department June 27, 1996 City of Moorpark Director of Public Works, Mr. Ken Gilbert 799 Moorpark Avenue Moorpark, California 93021 Re: Request for Resolution Of Enforcement of Parking Regulations Mr. Gilbert: This a formal request to put a resolution before the City Council of Moorpark regarding the enforcement of parking regulations. I am the owner of Varsity Park Plaza located on Princeton Avenue, in the city of Moorpark. We are currently under construction to expand the center; the expansion will include a new day care center for the community. Presently, the police have no authority to enforce parking regulations at our site. A resolution passed by the City Council would enable the police to enforce applicable regulations, thereby eliminating possible liabilities for the center and the city. Please submit such a resoultion to the City Council for approval. Your prompt attention to this matter is greatly appreciated. Please feel free to contact this office if you should have and questions regarding this matter. Sincerely, Varsity Park Plaza GS:ifn MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 June 28, 1996 George Shakiban Varsity Park Plaza Group 23586 Calabasas Road, Suite 202 Calabasas, CA 91302 -1322 RE: Request for Enforcement of the California Vehicle Code Upon Private Roads and Parking Facilities Within the Varsity Park Plaza Shopping Center Dear Mr. Shakiban, The City is in receipt of your letter of June 27, 1996, requesting that the California Vehicle Code (CVC) be enforced in the parking lot for the Varsity Park Plaza shopping center. THIS IS TO NOTIFY YOU THAT, pursuant to Section 21107.6 and 21107.8 of the CVC, a public hearing on this matter will be held at a regular meeting of the Moorpark City Council on August 7, 1996, commencing at 7:00 p. m. at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. You are invited to be present and to be heard at said meeting. If you should have any questions, please give me a call. S' y Ken Gilbert Public Works Director cc: The Honorable City Council Steven Kueny, City Manager Nelson Miller, Director of Community Development Lt. Rouse, Moorpark Police wp \pw\cvc12 PAUL W. LAWRASON JR. JOHN E. WOZNIAK ELOISE BROWN PATRICK HUNTER BERNARDO M. PEREZ Mayor Mayor Pro Tem Councilmember Councilmember Councilmember fxA4:�;4 3 RESOLUTION NO. 96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, FINDING AND DECLARING CERTAIN PRIVATE ROADS AND PARKING FACILITIES LOCATED AT THE VARSITY PARK PLAZA SHOPPING CENTER SUBJECT TO THE PROVISIONS OF THE CALIFORNIA VEHICLE CODE WHEREAS, Section 21107.6 of the California Vehicle Code (CVC) allows for the enforcement of said code upon privately owned and maintained roads generally held open to the public for purposes of vehicular travel to serve commercial establishments; and, WHEREAS, Section 21107.8 of said code allows for the enforcement of CVC Sections 22350, 23103, 23109 and Division 16.5 (Section 38000 et.seq.) on privately owned and maintained off street parking facilities which are generally held open for use by the public for vehicular parking; and, WHEREAS, the Varsity Park Plaza shopping center, identified on Exhibit "A" attached hereto and made a part hereof, has located upon it, such privately owned and maintained roads and parking facilities; and; WHEREAS, the owner of said shopping center has requested that these provisions of the California Vehicle Code (CVC) be enforced within and upon said privately owned and maintained roads and parking facilities; and; WHEREAS, pursuant to the requirements of said code, a public hearing has been held on the matter and the owner of the affected property was notified of said hearing at least ten (10) days prior to the date thereof. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That, pursuant to CVC Sec. 21107.6, certain privately owned and maintained roads within the Varsity Park Plaza shopping center, as generally shown on Exhibit 'A', which are generally held open to the public for proposes of vehicular travel to serve commercial establishments, shall be subject to the provisions of the California Vehicle Code. 000107 F,�L 3 (z) Resolution No. 96- Page 2 SECTION 2. That, pursuant to CVC Sec. 21107.8, certain privately owned and maintained parking facilities within the Varsity Park Plaza shopping center, as generally shown on Exhibit 'A', which are generally held open for use by the public for vehicular parking, shall be subject to Sections 22350, 23103, 23109 and Division 16.5 (Section 3800 et.seq.) of the California Vehicle Code. SECTION 3. That the above traffic and parking regulations shall take effect upon the placement of appropriate signs giving notice of said regulation. SECTION 4. That said signs shall be placed and maintained by the property owner and shall comply with the requirements set forth in Section 21107.6 (b) and Section 21107.8 (b) of the California Vehicle Code. PASSED AND ADOPTED this 8th day of August, 1996. Mayor, City of Moorpark, California ATTESTED: City Clerk 000178 Ji N. OVERPASS P R I N C E T 0 27�� Z 0 IV ANE AVE nd Co v m a %� 0 . .................... -C