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BACKGROUND The population in Ruby Hill has grown since 1993, when the first homes in Ruby Hill were occupied, to now over 2,500 residents including approximately 1,000 children. The increase in population has resulted in increased traffic in the development. In recent years, the HOA and Police Department have received complaints and concerns from homeowners and their guests regarding traffic safety and enforcement in Ruby Hill. In 2004 and 2005, for example, the Police Department received 18 calls for service for traffic collisions and 22 calls for various other Vehicle Code violations, the most common being speeding and reckless driving. In 2006 there were 11 reported traffic collisions and 6 other reported vehicle code violations, and between January and September of 2007 there were 7 reported traffic collisions and 11 other reported vehicle code violations. Because the roads in Ruby Hill are privately owned and maintained by the HOA, the Police Department does not have authority to enforce most provisions of the Vehicle Code. The Police Department does not need separate authority to enforce certain Vehicle Code provisions, such as Vehicle Code 23152 (driving under the influence (DUI)) because they may be enforced on public or private property. Section 21107.7 of the Vehicle Code, however, provides a process for a homeowners' association to petition a city to adopt a resolution or ordinance that authorizes the application of the Vehicle Code to private roads in the development that are in proximity or connected with public highways. The process requires a city to hold a public hearing, the notice for which must have been provided to the owners of the roads or the owners in the development. At the hearing the City Council considers the petition and, if it supports the petition, it may adopt a resolution or ordinance applying the Vehicle Code to the private roads. The City Council may also impose reasonable conditions on the property owners to erect traffic signs, signals, markings, and devices which conform to the uniform standards and specifications adopted by the Department of Transportation. Ruby Hill HOA Petition: In 2000 and 2002, the HOA narrowly failed to gain sufficient votes to petition the City Council to address the applicability of the Vehicle Code to Ruby Hill. In 2006, the HOA Board of Directors held a community meeting to discuss traffic safety issues and unanimously adopted the attached petition requesting that the City Council enforce the Vehicle Code within Ruby Hill. See Attachment 2, (Ruby Hill Owners' Association Traffic Petition History), Attachment 3 (Petition by Ruby Hill Homeowners' Association), and Attachment 4 (Ruby Hill Homeowners' Association Traffic and Safety Committee). Golf Carts: Over the past two years, the Police Department and City Attorney's Office have met several times with Ruby Hill residents and the HOA to discuss the Vehicle Code's application to Ruby Hill. Among the issues discussed was the operation of golf carts on roads in Ruby Hill. Page 2 of 4