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6.3 Consideration of Update of Municipal Code Pertaining to Private Roads- Les Earnest Les Earnest, 12769 Dianne Drive, addressed Council. Earnest had requested that this item be placed on the agenda for Council discussion. He explained that, in his opinion, public roads are visually indistinguishable from private roads and it is very confusing for motorists which rules are applicable. Earnest sited the California Vehicle Code which allows municipalities to identify private roads which are subject to the State Vehicle Code and the owners of the private roads have the right to exempt themselves from the Code by posting signage. If there is no sign, the road is subject to the Vehicle Code and if there is a sign, the rules of the owners of the road apply. Earnest suggested that the Town's Ordinance that lists the private roads is obsolete and should be amended. The list contains streets that are no longer private, no longer exist and it is missing a number of private roads. Earnest, in assisting the pathway map group gather documentation' has developed a revised list of roads that he would like staff to review and modify as they deem appropriate. The City Council could then amend the Ordinance. City Engineer Cheng explained that the Town maintains a database outside of the Municipal Code that lists alphabetically the Town's private streets, what document created the street and the interpretation of what portion of the street is private. Cheng added that a simple list might create more confusion, for example: Black Mountain Road is public to Natoma and then it becomes private and Dawnridge Drive is private except for the last cul-de-sac which is public. She would prefer not to list streets in the Municipal Code but to update the database that is maintained and updated aggressively by staff. Cheng noted that a formal Council action would be required to update the list in the Town's Code. City Manager Cassingham suggested that the City Council could review the private street list and the revised recommended pathway map from the Pathway Committee at the same time. This approach would permit Council a comprehensive review of both issues in conjunction. Dot Schreiner, Saddle Mountain Road, expressed her concern that owners of private roads could have signage that restricts the public's access to the pathway in the road right-of-way. Barbara Mordo, 27693 Vogue Court, questioned the right of public access on private roads to get to public roads. City Attorney Mattas explained that the California Vehicle Code addresses this issue and allows for the public use over private roads that connect to public roads and provide the primary access. Council discussion ensued. Council concurred with the recommendation of the City Manager and agreed by consensus to visit the issue of private roads and private road easements during consideration of the pathway map. • 5 City Council Special Meeting Minutes October 16,2003