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HomeMy Public PortalAbout05-109 RESOLUTION NO. 05-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE WARRANT DECLARING THE PRIVATE ROADWAYS WITHIN PARK VILLA MOBILE HOME ESTATES BE SUBJECT TO THE PROVISIONS OF THE CALIFORNIA VEHICLE CODE (CVC) AND DIRECTING THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TO ENFORCE SUCH CODE ON AND WITHIN THE PRIVATE ROADWAYS IN PARK VILLA MOBILE HOME ESTATES AS ALLOWED BY CALIFORNIA VEHICLE CODE. § 21107.9 WHEREAS, Vehicle Code § 21107 permits the City Council to adopt rules and regulations governing vehicular traffic upon and within privately owned and maintained roads located with the boundaries of the City of Carson; and WHEREAS, in August of 2005, the City of Carson's Department of Public Safety received a written request from the owner of Park Villa Mobile Home Estates (the "Park"), asking the City Council take such action as is authorized by law to "subject[] the [private] roads within the Park to the California Vehicle Code" (the"Request'); and WHEREAS, the Park is a mobilehome park within the meaning of Health & Safety Code § 18214; and WHEREAS, the Request is both authorized by, and a condition precedent to, consideration or adoption of this resolution, all as required by Vehicle Code § 21107.9(b); and WHEREAS, the City Council of the City of Carson has given notice of a public hearing pursuant to, posted notice of the hearing consistent with, and conducted the public hearing as required by, Vehicle Code § 21007.9(c) at which hearing the Request was considered. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIRORNIA, does hereby find, order and resolve as follows: Section 1. The foregoing recitals are true, correct, and adopted herein, and the City Council conducted a public hearing to consider and act on the Request on October 1 2005, as required by Vehicle Code § 21107.916 Section 2. There are privately owned and maintained roads within the Park that are generally not held open for use by the public for vehicular travel as such terms are defined by Vehicle Code § 21107.9(a). #32531 -j- Section 3. The public health, safety, general welfare, and convenience justify designating these roads to be subject to the provisions of the California Vehicle Code, as the same maybe amended from time-to-time. Section 4. Pursuant to Vehicle Code § 21 107.9, the City Council hereby finds, determines, and declares that the privately owned and maintained roads within the Park shall be and hereby are made subject to the provisions of the California Vehicle Code, as the same may be amended from time-to-time, and hereby directs the Los Angeles County Sheritfs Department to enforce the Vehicle Code on the private roads within the Park. Section 5. The owners, proprietors, or property managers of the Park are hereby directed to cause to be posted, in the manner required by Vehicle Code § 21107.9(a), the sign(s) required by law that shall read: "The private roads within this mobilehome park are subject to the provisions of the California Vehicle Code and the same shall be enforced by the Los Angeles County Sheriff's Department pursuant to Carson City Council Resolution No. OS-109." Section 6. The City Council finds and adopts the prima facie speed limit of 15 miles per hour as the maximum speed on all roads within the Park as authorized by Vehicle Code § 21107.9(d). PASSED,APPROVED, and ADOPTED this 18th day of October 2005. J 1 f r Mayor ATTEST: City Clerk APPROVED AS TO FORM: A City Attorney #32531 -2- Resolution No. OS-109/Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council is five; that the foregoing resolution, being Resolution No. OS-109 was duly and regularly adopted by said Council at a regular meeting duly and regularly held on the 18th- day of October, 2005, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS: Mayor Dear, Ruiz-Raber, Santarina, Williams, and Gipson NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None City Clerk, City of Carson, C ifornia