Resolution No. 2498RESOLUTION NO 2498
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CYPRESS PROVIDING FOR THE
ENFORCEMENT OF CERTAIN PROVISIONS OF
THE VEHICLE CODE ON PRIVATELY OWNED
OFF-STREET PARKING FACILITIES
WHEREAS, this City Council desires to provide for the
enforcement of certain sections of the California Vehicle Code
on certain privately owned and maintained parking facilities
generally located on the northwest corner of Lincoln Avenue and
Moody Street, more particularly described in Exhibit "A"
attached hereto and incorporated herein (the "Parking
Facilities"); and
WHEREAS, California Vehicle Code Section 21107 8
authorizes any city or county by ordinance or resolution to
provide for the patrol and enforcement of certain sections of
the California Vehicle Code on privately owned or maintained
off-street parking facilities after making the finding that
such off-street parking facilities are generally held open for
use of the public for purposes of vehicular parking after the
owner or operator of said off-street parking facility has
caused a notice to be posted in a conspicuous place at each
entrance of said parking facility to the effect that said
off-street parking facility is subject to public traffic
regulations and control, and
WHEREAS the owner and operator of the Parking
Facilities received written notice ten (10) days prior to the
date hereof that the City Council was considering the adoption
of a resolution providing for the enforcement of certain
vehicle code sections on the Parking Facilities and a public
hearing has been held on said matter and all interested persons
have had an opportunity to present their views concerning this
matter at said public hearing
NOW, THEREFORE, the City Council of the City of
Cypress, County of Orange State of California, does hereby
pass approve and adopt as follows:
Section 1: This City Council hereby finds and
declares that the Parking Facilities are generally held open
for use of the public for purposes of vehicular parking.
Section 2: Except as otherwise provide herein, upon
enactment of this resolution, Sections 22350 23103, 23109,
22507 8 and the provisions of Division 16 5 (commencing with
Section 3800) of the California Vehicle Code shall apply to the
Parking Facilities
Section 3. Notwithstanding the provisions of Section
2 hereof, this resolution shall not apply to the Parking
Facilities unless the owner or operator thereof has: (1) filed
in the office of the City Clerk a written statement of his or
her permission for agents and employees of the City of Cypress
to enter upon the Parking Facilities for the purposes of
enforcing the aforesaid provisions and such other purposes as
is they may deem appropriate, (2) filed in the office of the City
Clerk an agreement in a form satisfactory to the City
Attorney, pursuant to which he or she agrees to indemnify the
City and save it harmless from any and all liability of any
kind whatsoever arising out of or in connection with the
activities of the City s agents and employees in enforcing the
aforesaid Vehicle Code sections in failing to enforce the
same, or otherwise engaging in the course and scope of their
respective employments with the City, and (3) caused to be
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posted in a conspicuous place at each entrance to the Parking
Facilities a notice not less than 17" x 22" in size with
lettering not less than 1' in height, to the effect that the
Parking Facilities are subject to public traffic regulations
and control as set forth in this resolution The Public Works
Director/City Engineer of the City of Cypress is hereby
authorized and directed to inspect the Parking Facilities to
insure that the owner or operator has caused said notice to be
posted in the manner described herein
PASSED AND ADOPTED by the City Council of the City of
Cypress at a regular meeting held on March 22, 1982
ATTEST:
CITY CLERK F THE ITY OF CYPRESS
STATE OF CALIFORNIA
ss
COUNTY OF ORANGE
MAYOR OF THE CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress,
DO HEREBY CERTIFY that the foregoing Resolution was duly
adopted at a regular meeting of said City Council held on
the 22nd day of March 1982, by the following roll call
vote:
AYES. 5 COUNCIL MEMBERS Coronado, Lacayo, Partin, Rowan
and Mullen
NOES 0 COUNCIL MEMBERS. None
ABSENT: 0 COUNCIL MEMBERS. None
Z2-f7YA/4
City Clerk of the •ity of Cypress
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465
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EXHIBIT "A"
The parking lot for the commercial shopping center is located on the
northwest corner of Lincoln Avenue and Moody Street in the City of
Cypress also known as Cypress Square The property is shown as
Parcels 1, 2 and 3 on a Parcel Map recorded in Book 136, pages 26
and 27 in the records of Orange County, California