HomeMy WebLinkAbout27-Police Department
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Mark A. Garcia, Asst. Chief of Police
Subject: Public Hearing - Ordinance of the
Mayor and Common Council of the Gty of
San Bernardino providing that the California
Vehicle Code be enforced within the San
Bernardino International Airport and on
properties owned by the Inland Valley
Development Agency.
Dept: Police Department
Date: September 30,2010
M/ CC DATE: October 18, 2010
Synopsis of Previous Council Action
None.
Recommended Motion:
That the hearing be closed; and that said ordinance be laid over for final adoption.
~~~
MARK A. GARO ASSISTANT CBIEF OF POLICE
Contact person:
Sergeant Ken Brander
Phone: 382-3496
Supporting data attached: Yes
Ward: 1
FUNDING REQUIREMENTS: Amount:
Source:
NONE
Finance
Council Notes:
Agenda Item No. ;1/
I D - / ~ ' ;)()( D
STAFF REPORT
SUBJECT:
Public Hearing - Approval of Ordinance Providing that the California Vehicle Code be
Enforced within the San Bernardino International Airport and on Properties Owned by the
Inland Valley Development Agency.
BACKGROUND:
The governing bodies of the Inland Valley Development Authority (lVDA) and the San
Bernardino International Airport Authority (SBIAA) have adopted resolutions requesting that
the City enforce the California Vehicle Code within specific areas of the airport and other
properties owned by IVDA. (See Exhibit A and Maps) This Code, in Section 21107.7,
provides that a city may, through the adoption of an ordinance, find and declare that the
interests of residents and the motoring public will best be served by the enforcement of the
Code on privately owned and maintained roads within the City. This provision of the Code
applies to streets that are not generally held open for use by the public, but are in proximity to
or connected with highways.
Through the adoption of Resolutions 2009-07 and 2009-14 by IVDA and SBIAA
respectively, the agencies have also committed to fund the cost of providing and installing the
signage required by the State Vehicle Code. This will include erecting appropriate signs at
the entrances to the airport and other locations. The size, shape and color of these signs, and
their installation will conform to the State uniform standards and specifications. The location
of the signs will be subject to the prior written approval from the City Engineer and Police
Chief, or their designees. The approval of the proposed ordinance will satisfy the request
from the two agencies by providing the Police Department with the tool necessary to enforce
the State Vehicle Code on these streets and roadways owned by IVDA and SBIAA.
FINANCIAL IMPACT:
There is no financial impact associated with this action; all costs will be paid by the IVDA
and SBIAA.
RECOMMENDATION:
That the hearing be closed and that said ordinance be laid over for final adoption.
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ORDINANCE NO. 2010-
AN UNCODIFIED ORDINANCE OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO PROVIDING THAT
THE CALIFORNIA VEHICLE CODE WILL BE ENFORCED WITHIN
THE SAN BERNARDINO INTERNATIONAL AIRPORT AND ON
PROPERTIES OWNED BY THE INLAND VALLEY DEVELOPMENT
AGENCY
WHEREAS, the City of San Bernardino (the "City") is a charter city organized and
existing under the Constitution and laws of the State of California; and
WHEREAS, the Inland Valley Development Agency (the "IVDA") is a joint powers
authority formed by the legislative bodies of its members pursuant to California Health and
Safety Code Section 33320.5 and California Government Code Section 6500, et seq.; and
WHEREAS, California Vehicle Code Section 21107.7 provides that a city may, by
ordinance, find and declare that there are privately owned and maintained roads within the city
that are not generally held open for use of the public for purposes of vehicular travel but, by
reason of their proximity to or connection with highways, the interests of residents residing
along the roads and the motoring public will best be served by the application of the provisions
of the California Vehicle Code to the roads described herein; and
WHEREAS, the governing body of the IVDA and the governing body of the San
Bernardino International Airport Authority (the "SBIAA"), by the adoption of Resolution No.
2009-07 of the IVDA and Resolution No. 2009-14 of the SBIAA, respectively, as the parties
responsible for maintaining the roads, has petitioned the City to request that the City enforce
the California Vehicle Code within specific areas of the San Bernardino International Airport
4845-9958-0677.2
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(the "Airport") and on other properties as owned by the IVDA as specified by attachments to
said Resolutions; and
WHEREAS, the IVDA and the SBIAA also will fund the cost of providing and
installing the signage required to give notice to the public on the streets and roadways that are
the subject of this Ordinance as to the application of the California Vehicle Code to such streets
and roadways; and
WHEREAS, the City Clerk of the City properly noticed a public hearing on this issue
and has provided notice of such hearing to the IVDA and SBIAA; and
WHEREAS, the Mayor and Common Council (the "Council") conducted the noticed
public hearing at which time testimony was received from all interested persons seeking to so
speak at said public hearing; and
WHEREAS, based upon the record here, the Council hereinafter find and determine that
it is in the best interests of the residents of the City, the users of the Airport and the motoring
public for the California Vehicle Code to apply to such private streets and roadways located
within the Airport.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
Section 1. Vehicle Code Application to Private Streets Within the Airport. The
provisions of the California Vehicle Code shall apply to those streets and roadways within the
Airport that are owned and maintained by the IVDA and SBIAA as further identified in the
attached Exhibit "A" at such time as appropriate signs are erected at the entrances to the
4845-9958-0677 .2
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Airport and at other locations approved by this Ordinance of a size, shape and color as to be
readily legible during daylight hours from a distance of 100 feet, stating to the effect that the
streets or roadways therein are subject to the provisions of the California Vehicle Code. The
installation of such signs and the precise location, design and color shall conform to the
uniform standards and specifications adopted by the Department of Transportation and be
subject to the prior written approval from the City Engineer and Police Chief of the City or
their designees.
Section 2. The IVDA and the SBIAA are hereby authorized to erect and thereafter
maintain such approved signs and shall do so at their sole cost and expense subject to the
provisions of this Ordinance.
Section 3. Effective Date. This Ordinance shall take effect and be in full force and
effect in the manner as provided in the City Charter for the adoption of ordinances by this
Council.
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4845-9958-0677 .2
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AN UNCODIFIED ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO PROVIDING THA T THE CALIFORNIA
VEHICLE CODE WILL BE ENFORCED WITHIN THE SAN BERNARDINO
INTERNA TIONAL AIRPORT AND ON PROPERTIES OWNED BY THE INLAND
VALLEY DEVELOPMENT AGENCY
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held on
the
day of
,2010 by the following vote, to wit:
Council Members:
Ayes
Navs
Abstain
Absent
MARQUEZ
DESJARDINS
BRINKER
SHORETT
KELLEY
JOHNSON
MC CAMMACK
Rachel G. Clark, City Clerk
The foregoing Ordinance is hereby approved this
day of
,2010.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
4845-9958-0677 .2
4
EXHIBIT "A"
IVDA Resolution No. 2009-14 and
SBIAA Resolution No. 2009-07
4845-9958-0677.2
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VC 21107.7
21107.7(a) Any city or county may, by ordinance or resolution, find and declare that
there are privately owned and maintained roads as described in the ordinance or
resolution within the city or county that are not generally held open for use of the
public for purposes of vehicular travel but, by reason of their proximity to or connection
with highways, the interests of any residents residing along the roads and the motoring
public will best be served by application of the provisions of this code to those roads.
No ordinance or resolution shall be enacted unless there is first filed with the city or
county a petition requesting it by a majority of the owners of any privately owned and
maintained road, or by at least a majority of the board of directors of a common
interest development, as defined by Section 1351 of the Civil Code, that is responsible
for maintaining the road, and without a public hearing thereon and 10 days prior
written notice to all owners of the road or all of the owners in the development. Upon
enactment of the ordinance or resolution, the provisions of this code shall apply to the
privately owned and maintained road if applicable signs are erected at the entrance to
the road of the size, shape, and color as to be readily legible during daylight hours from
a distance of 100 feet, to the effect that the road is subject to the provisions of this
code. The city or county may impose reasonable conditions and may authorize the
owners, or board of directions of the common interest development, to erect traffic
signs, signals, markings, and devices which conform to the uniform standards and
specifications adopted by the Department of Transportation.
(b) The department shall not be required to provide patrol or enforce any provisions of
this code on any privately owned and maintained road subjected to the provisions of
this code under this section, except those provisions applicable to private property other
than by action under this section.
(c) As used in this section, "privately owned and maintained roads" include roads
owned and maintained by a city, county or district that are not dedicated to use by the
publiC or not generally held open for use of the public for purposes of vehicular travel.
Amended Ch. 605, Stats, 1988, Effective January 1, 1989.
PUBLIC NOTICE
CITY OF SAN BERNARDINO
CONSIDERATION OF A PETITION FOR AN ORDINANCE PROVIDING THAT THE
CALIFORNIA VEHICLE CODE WILL BE ENFORCED WITHIN THE
SAN BERNARDINO INTERNATIONAL AIRPORT AND ON PROPERTIES OWNED
BY THE INLAND VALLEY DEVELOPMENT AGENCY
Notice is hereby given that the Mayor and Common Council of the City of San Bernardino ("Council")
will consider a petition by the San Bernardino International Airport Authority and the Inland Valley
Development Agency ("Applicants") to provide application and enforcement ofthe California Vehicle
Code within the San Bernardino International Airport and on properties owned by the Inland Valley
Development Agency, per ordinance of the Council ("Ordinance"), to better serve the interests of any
residents residing along such roads and the motoring public pursuant to California Vehicle Code
Section 21107.7. The Joint Public Hearing will be held on October 4,2010, at 4:30 p.m. or as soon
thereafter as the matter may be heard, in the City Council Chambers located at 300 North "D" Street
in the City of San Bernardino ("City").
At the public hearing, the Council shall receive evidence and testimony to initiate proceedings for the
approval of the petition by the Applicants and the Ordinance to apply the provisions of the California
Vehicle Code to those roads designated in said Ordinance. The City is required to conduct a noticed
public hearing on adopting rules and regulations regulating vehicular traffic on privately owned and
maintained roads located within the boundaries of the City and then subsequently consider and adopt
an Ordinance as required pursuant to Section 21107.7 of the California Vehicle Code.
NOTICE IS FURTHER GIVEN that any and all persons are invited to appear before the Council and
present evidence or testimony concerning the foregoing matters relating to providing enforcement of
the California Vehicle Code within the San Bernardino International Airport and on properties owned
by the Inland Valley Development Agency at the time, date and place set forth herein.
Interested persons may contact Sergeant Ken Brander, at (909) 382-3496 or bye-mail at
brander ke@sbcity.org, for additional information relating to the public hearing and the proposed
application and enforcement of the California Vehicle Code.
NOTICE given this 23rd day of September, 2010.
Notice to the Press: Please publish once: On September 23,2010.
Send Proof of Publication to: Rachel Clark, City Clerk
City of San Bernardino
300 North "D" Street, 2nd Floor
San Bernardino, CA 92418
4836-1031-6549.1
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