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RESOLUTION NO. <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON <br />AUTHORIZING THE APPLICATION OF THE CALIFORNIA VEHICLE CODE TO <br />ROADS WITHIN RUBY HILL <br />WHEREAS, unless authorized by statute, many provisions of the California Vehicle <br />Code are not applicable to roads that are privately owned and maintained and are not generally <br />open for use of the public for purposes of vehicular travel; and <br />WHEREAS, section 21107.7 of the California Vehicle Code provides that a majority of <br />the owners of any privately owned and maintained road, or at least a majority of the board of <br />directors of a common interest development, as defined by Section 1351 of the California Civil <br />Code, that is responsible for maintaining the road, may file with a city within which the roads are <br />located a petition requesting the application of the provisions of the California Vehicle Code to <br />those roads; and <br />WHEREAS, section 21107.7 of the California Vehicle Code provides that after a city <br />receives such a petition, the city by ordinance or resolution may find and declare that privately <br />owned and maintained roads that are not generally open for use of the public for purposes of <br />vehicular travel but, by reason of their proximity to or connection with highways, the interests of <br />residents residing along the roads and the motoring public will best be served by the application <br />of the California Vehicle Code to those roads; and <br />WHEREAS, pursuant to section 21107.7 of the California Vehicle Code, if such petition <br />is filed, the City Council shall hold a public hearing to consider the issue, and prior to the <br />hearing provide a minimum ten day notice to all owners of the road or all owners in the <br />development of the hearing; and <br />WHEREAS, pursuant to section 21107.7 of the California Vehicle Code, the city may <br />impose reasonable conditions and may authorize the owners, or board of directors of the <br />common interest development, to erect traffic signs, signals, markings, and devices which <br />conform to the uniform standards and specifications adopted by the Department of <br />Transportation; and <br />WHEREAS, pursuant to section 21107.7 of the California Vehicle Code, except as <br />otherwise provided in section 21107.7, the law enforcement agency shall not be required to <br />provide patrol or enforce any provisions of the California Vehicle Code on any privately owned <br />and maintained road subjected to the provisions of the California Vehicle Code under section <br />21107.7; and <br />WHEREAS, the roads in Ruby Hill are privately owned and maintained by the Ruby Hill <br />Homeowners' Association and constitute private roads, as defined by section 490 of the <br />California Vehicle Code; and <br />WHEREAS, access to the roads in Ruby Hill is restricted at entrance gates, maintained <br />by the Ruby Hill Homeowners' Association; and <br />Page 1 of 3. ATTACHMEIVT,~, ~ _ <br />