TITLE
Recommendation to receive supporting documentation into the record, conclude the hearing, adopt resolution; and authorize City Manager to execute an agreement with Bixby Village Homeowners’ Association providing for enforcement of traffic regulations on private streets in Bixby Village with easements for public access for the following three streets: North Greenway, South Greenway and Avenida de Castillo. (District 3)
DISCUSSION
Bixby Village is a non-gated planned development community. All streets in this community are privately owned and mantained. Public access easements were originally placed as a condition of approval of this development for the following private streets: North Greenway, South Greenway and Avenida de Castillo. The attached map illustrates the location of these three roadways within the Bixby Village Community area.
In October 2014, the City received an initial request from Bixby Village Community Association to have the Long Beach Police Department enforce traffic regulations on the private roads with public access easements within their community area due to increased traffic volume and safety-related concerns. California Vehicle Code, Section 21107.5 allows the application of the Code on private roads that are generally held open for use by the public for vehicular travel, and are so connected to public streets that the public cannot determine that the roads are not public streets, following a duly noticed public hearing.
The Board of Directors of the Bixby Village Homeowner’s Association, at its September 2014 meeting, voted to officially request to commence the process required to enable traffic regulations enforcement in their community.
The affected streets shall be posted with the prima facie speed limit of 25 mph for local residential streets prior to enforcement, as required by California Vehicle Code section 22352.
The Bixby Village residents will be provided with a ten-day notice for the public hearing as required by the California Vehicle Code.
The attached Resolution applies the provisions of the California Vehicle Code and the traffic regulations of the Long Beach Municipal Code to the following private streets: North Greenway, South Greenway and Avenida de Castillo.
Staff has also negotiated the following business terms to be included in the private streets agreement with the Bixby Village Homeowners Association:
• All traffic control devices shall comply with California Vehicle Code with review and approval of the City Traffic Engineer. The cost of the new signs and striping changes will be borne by the Bixby Village Community Association.
• Any speed limit lower than 25 mph on narrow streets (not to exceed 25 feet in width) shall require an Engineering and Traffic survey conducted every five years. Any costs associated with such survey shall be borne by the Bixby Village Community Association.
• The City shall enforce traffic and parking regulations with approximately the same regularity as provided in public streets.
This matter was reviewed by Deputy City Attorney Amy Webber on August 17, 2015, and by Budget Management Officer Victoria Bell on August 20, 2015.
TIMING CONSIDERATIONS
City Council approval of this item is not time sensitive.
FISCAL IMPACT
There is no additional cost associated with the periodic enforcement of the private roads in Bixby Village. Enforcement will be supported using existing staff and resources appropriated in the General Fund (GF) in the Long Beach Police Department (PD).
SUGGESTED ACTION
Approve recommendation.
BODY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONG BEACH MAKING THE PROVISIONS OF THE CALIFORNIA VEHICLE CODE AND LONG BEACH TRAFFIC REGULATIONS APPLICABLE TO PRIVATE STREETS IN THE BIXBY VILLAGE AREA, PURSUANT TO VEHICLE CODE SECTION 21107.5
Respectfully Submitted,
ARA MALOYAN, PE
DIRECTOR OF PUBLIC WORKS
ROBERT G. LUNA
POLICE CHIEF
APPROVED:
PATRICK H. WEST
CITY MANAGER