SR 06:033 - Laserfiche WebLink

I T€1V\ s . 0... ATfACHMENT 9 i' ~rJ1"TR' IT H ,.\i;), cf '," .. .... ..,...< ._"...., .ILi\. .. . Date: August 10,2005 To: Planning Commission Chair Maas and Planning Commissioners From: Lynn Tracy Nerland, Assistant City Attorney Subject: PDUP-8: Thuse Family Daycare At its last meeting, the Planning Commission continued item PDUP-8 (Thuse Family Daycare) and requested staff to provide additional information. I have attempted to compile that information from various sources for your consideration. In addition, Commissioner Fox subsequently requested that additional information be presented to the Planning Commission, which is discussed below. Enforcement of Traffic Laws on Private Roads As raised during the public hearing, Genovesio Drive is a private road and part of the Valencia at Hacienda development. As a private road, the Police Department does not enforce the California Vehicle Code's traffic laws (citations for moving violations such as speeding, illegal maneuvers, etc.). As I understand from the Police Lieutenant in charge of traffic enforcement, typically these private developments hire private security companies to be enough of a presence to address both security and traffic-related issues. Sometimes a security person, or even a citizen, may call the Police Department because they have witnessed what that person believes to be a traffic violation and have a vehicle license number. In such situations, the Police Department mav call the registered owner and verbally advise of the complaint. However, the Police Department does not issue traffic citations for activities that the officers do not observe, nor for activities that occur on private property. Please understand that the inability to enforce traffic laws on private property does not mean that the Police Department lacks the authority to enforce laws prohibiting other kinds of criminal activity, such as assault, robbery, etc. Therefore, police patrols may certainly be seen on private streets. There is a mechanism in the California Vehicle Code by which a City Council can adopt an ordinance or resolution allowing enforcement of the Vehicle Code on certain private roads, after noticing and hearing requirements are followed. Generally, this would require a petition filed with the City Council by a majority of the owners of any privately owned road or the majority of the board of directors of a common interest development. Often, there is opposition from the property owners, because they too would be subject to traffic citations. Police resource issues may also need to be addressed. As to the flashing speed signs on portable trailers, the Police Department's first priority is to use those trailers on public streets where there have been complaints and/or collisions. It may be possible to provide temporarily a trailer on a private street for educational purposes on a case-by-case basis. If this