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HomeMy WebLinkAbout2000-06-12 City CouncilCity of Palo Alto City.Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: CITY MANAGER CMR: 251:00 DATE:JUNE 12, 2000 SUBJECT:ADOPTION OF AN ORDINANCE APPROVING CITY POLICE ENFORCEMENT OF TRAFFIC LAWS ’ON PRIVATE STREETS AT THE STANFORD WEST APARTMENTS AND AT THE STANFORD SHOPPING CENTER REPORT IN BRIEF The 1997 City Council review of the Stanford West Apartments project included the assumption that the City would provide Police Department enforcement of traffic laws on the project’s private streets. This staff report transmits and recommends adoption of an ordinance, as required by State law, to enable City police officers to enforce traffic laws on the six private streets that will serve Stanford West. Additionally, the ordinance provides authority for police officers to enforce traffic violations in the parking lots at the Stanford Shopping Center. CM_R:251:00 Page 1 of 4 RECOMMENDATION Staff recommends that the City Council adopt the attached ordinance authorizing the City’s Police Department to enforce traffic laws on the six private streets that will serve the Stanford West Apartments project and at the Stanford Shopping Center. BACKGROUND The Stanford West Apartments project is part of the Sand Hill Corridor projects reviewed in an Environmental Impact Report (EIR) certified by the City Council on June 30, 1997. The assumption in the EIR and related staff reports wasthat the 628 apartment units in Stanford West would be served by six internal private streets and that the City would provide Police Department enforcement of traffic laws on these streets: Police staff also believes that it is important to obtain authority to enforce traffic violations on the private property encompassed by the Stanford Shopping Center. DISCUSSION Overall security at Stanford West will be shared between the City Police Department and private security to be provided by Stanford Un!versity. Provision of private security by Stanford is a required mitigation measure (4.12-7) in the adopted EIR. Enforcement of traffic laws (e.g., speeding, parking) on the project’s private streets was. anticipated at the time of project approval in 1997 to be a City responsibility: Subsequent City review of the final design plans for the apartment project included careful coordination with the City’s Police Department and Transportation Division to ensure that Stanford installed and maintained appropriate traffic signs consistent with’ the State Vehicle Code and enable effective enforcement of traffic laws. State Vehicle Code section 21107.5 provides that a public agency can enforce traffic laws on private streets after adoption of an appropriate resolution or ordinance. Stanford has requested City Council action approving City Police Department enforcement of traffic laws at Stanford West in the attached April 12, 2000 letter from the Stanford Management Company. Due to the size of the parking lots at the Stanford Shopping Center and the roadways that have been added as part of the Stanford project, Police staff are also requesting Council authorization to enforce traffic regulations on that private property. ALTERNATIVES TO STAFF RECOMMENDATION The provision of private streets was part of the City’s 1997 project approval and 1999 Final Subdivision Map approval. The alternative to City enforcement of CMR:251:00 Page 2 of 4 traffic laws on the private streets is for Stanford to enforce traffic regulations through the use of Campus Police Officers who are deputized members of the Santa Clara County Sheriff’s Department. RESOURCE IMPACT The 1997 EIR evaluated the impact of the Sand Hill Corridor projects on City police resources. The EIR concluded that the Sand Hill projects, individually and in combination, would have a less-than-significant impact On police resources. The EIR did propose several mitigation measures that could further reduce impacts on police resources including the provision by Stanford of private on-site security services to augment the City’s Police Department. Stanford is going to have a private security service for the apartment site. No additional police resources would be needed to provide this additional enforcement. POLICY IMPLICATIONS Approval of the staff recommendation is consistent with the 1997 City Council approval of the Stanford West project. However, it should be noted that this approval represents the first time the Council provides authorization to conduct traffic enforcement on private streets. TIMELINE ¯ With approval of the attached ordinance, City Police officers will be able to provide traffic law enforcement when the first 60 apartment units open for occupancy in August 2000. Enforcement at the Stanford Shopping Center would begin after the required signage is installed. ENVIRONMENTAL REVIEW The Stanford West Apartment project was part of the Certified EIR adopted by the City Council for the Sand Hill Corridor projects. No further environmental review or action is required for adoption of the recommended ordinance. PREPARED BY: Kenneth R. Schreiber, Coordinator, Sand Hill Corridor Projects DEPARTMENT HEAD REVIEW: ief EMIL~>"-H~SON, Assistant City Manager CMR:251:00 Page 3 of 4 ATTACHMENTS: 4/12/00 letter from William Phillips Ordinance cc:Stanford Management Company (William Phillips, Robert Reidy, Jim Inglis) Stanford University (Andy Coe) , CMR:251:00 Page 4 of 4 ORD MANAGEMENTCOMPANY April 12, 2000 Mr. Frank Behest, City Manager City of Pain Alto 250 Ham ilton Avenue P.O. Box 10250 Pain Alto, CA 94303 Sul:iject: Pain Alto Police Department Enforcement of Traffic Laws at Stanford West Apartments Dear’ Mr. Behest: In 1995-97, during preparation of the Sand Hill Corridor Environmental hnpact Report and subsequent public review of the DEIR and Stanford West Apartment project, there was a widely shared assumption that the Pain Alto Police Department would enforce traffic laws on the private streets serving the Apartments. State Vehicle Code section 21107.5 allows for a public agency to enforce traffic laws on private streets after the local governing body has adopted a resolution authorizing the enforcement. The first apartment units are scheduled for opening in August of this year. We request that City staff bring this matter, including an appropriate resolution, to the City Council prior to such opening. Thank you for consideration of this matter. If there are questions, please contact either me or Diana Takiguchi at 650/926-0200. Sincerely, William T. Phillips Managing Director Real Estate Cc~Ariel Calonne, City Attorney , Pat Dwyer, Chief of Police Jon Hernandez, Lieutenant Ken Sehreiber, Consultant/SHR Land Use Planning Services Carolyn Sargent, Stanford University 27711 S\x)~ IlJl.~ Roa~ Mt:~t.o PAItK, Q~A 94025 I’tl ¯ 650/926.0200 ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING TRAFFIC ENFORCEMENT ON PRIVATE ROADS AND PARKING FACILITIES WITHIN THE STANFORD SHOPPING CENTER AND THE STANFORD WEST APARTMENTS The Council of the City of Palo Alto does ORDAIN as follows: ~SECTION i. The Council hereby finds as follows: (a) Council approval of the Stanford West Apartments .as a component of the Sand Hill Corridor projects reviewed in an environmental impact report certified by the Council on June 30, 1997, assumed that enforcement of traffic and parking laws on the six internal roads serving the Stanford West Apartments project would be provided by the City of Palo Alto. California Vehicle Code section 21107.5 authorizes a city to adopt an ordinance or resolution, following public hearing, finding and declaring that certain privately owned and maintained roads are so Connected with public streets or highways that the public cannot determine that the private roads are not public streets or highways, and upon adoption of such an ordinance or resolution the provisions of the California Vehicle Code become applicable to and enforceable on those private roads. The Council hereby intends ’to utili’ze that authorization and thereby authorize (but not mandate) police officers of the City of Palo Alto to enforce any and all California Vehicle Code regulations, including but not limited to traffic and parking regulations, within the private roads serving the Stanford West Apartments. (b) The public safety and welfa~re would be served as well by city enforcement of California Vehicle Code regulations on the private circulation roads and parking facilities within the Stanford Shopping Center. California Vehicle Code section 21107.6 authorizes a city to adopt an ordinance or resolution, following public hearing, finding and declaring that certain privately owned and maintained roads are generally held open to the public for purposes of vehicular travel to serve commercial establishments, and upon adoption of such an ordinance or resolution the provisions of the California Vehicle Code become applicable to andenforceable on those private roads. The Council hereby intends to utilize that authorization and thereby authorize (but not mandate) police officers of the City of Palo Alto to enforce any and all California Vehicle Code regulations, including but not limited to traffic and parking regulations, within the private-roads serving the Stanford Shopping Center. California Vehicle Code section 21107.8 authorizes a city to 000602 cl 0044047 adopt an ordinance or resolution, following public hearin4, finding and declaring that certain privately owned and maintained offstreet parking facilities are generally held open to the public for purposes of vehicular parking, and upon adoption of such an ordinance or resolution the provisions of the California Vehicle Code sections 22350 [speeding], 23103 [reckless driving] 23109 [speed contests]and Division 16.5 (commencing with Section 38000) [off-highway vehicles] become applicable to and enforceable on those private offstreet parking facilities. The Council hereby intends to utilize that authorization and thereby authorize (but not mandate) police officers of the City of Palo Alto to enforce California Vehicle Code sections 22350, 23103, 23109, and Division 16.5 within the private offstreet parking facilities serving the Stanford Shopping Center. SECTION 2. The Council hereby finds and declares that, following ten days prior notice to the owner thereof and conclusion of a public hearing thereon, the following streets providing internal circulation to the Stanford West Apartments depicted on the attached map are privately owned and maintained and so connect with public streets and highways that the public cannot determine that the roads are not public highways: a. Clark Way b. Charles Marx Way c. Durand Way d. Mosher Way e. Swain Way f. Varian Way Pursuant to California Vehicle Code section. 21107.5, the Council hereby authorizes (but does not mandate) police officers of the City of Palo Alto to enforce any and all California Vehicle Code regulations, including but not limited to traffic and parking regulations, within these specified private roads serving the Stanford West. Apartments. SECTION 3. The Council herebyfinds and declares that, following ten days prior notice to the owner thereof and conclusion of a public hearing thereon, the following streets providing internal circulation to the Stanford .Shopping .Center and depicted on the map attached hereto are privately owned.and maintained and are generally held open to the public for purposes of vehicular travel to serve commercial establishments within the Stanford Shopping Center: a. London Plane Way b. Orchard Lane c. Pear Lane d. Pistache Place e. Plum Lane f. Shopping Center Way 000602 ~1 0044047 2 g. Sweet Olive Way h. Vineyard Lane Pursuant to California Vehicle Code section 21107.6, the Council hereby authorizes (but does not mandate) police officers of the City of Palo Alto to enforce any and all California Vehicle Code regulations, including but not limited to traffic and parking regulations, within these specified private roads serving the Stanford Shopping Center. SECTION 4. The Council hereby finds and declares that, following ten days prior notice to the owner thereof and conclusion of a public hearing thereon, the private offstreet parking facilities within the Stanford Shopping Center are privately owned and maintained and are generally held open for use of the public for purposes of vehicular parking. Pursuant to California Vehicle Code section 21107.8, the Council hereby authorizes (but does not mandate) police officers of the City of Palo Alto to enforce California Vehicle Code sections 22350, 23103, 23109, and Division 16.5 within the private offstreet, parking facilities serving the Stanford Shopping Center. SECTION 5. This ordinance does not constitute a project having potential effects upon the environment and therefore does not require environmental review under the CaliforniaEnvironmental Quality Act. // // // II II II II II II II II II 3 000602 cl 0044047 SECTION 6. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk Mayor APPROVED AS TO FORM: Senior Asst. City Attorney City Manager Police Chief. 000602 cl 0044047 ~0 0 Sweet Olive W~-- Pear Lane Plum Lane SCW