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HomeMy WebLinkAbout16- Police 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 City of Dept: Police Department San Bernardino providing that the California Vehicle Code be enforced within the San Date: September 30, 2010 Bernardino International Airport and on properties owned by the Inland Valley Development Agency. 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. GARCI ,ASSISTANT CI-IIEF OF POLICE Contact person: Sergeant Ken Brander Phone: 382-3496 Supporting data attached: Yes Ward: 1 FUNDING REQUIREMENTS: Amount: NONE Source: Finance Council Notes: �T' /a.l,-f Agenda Item No._ J�p 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 (IVDA) 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. 1 I ORDINANCE NO.2010-_ COPY 2 AN UNCODIFIED ORDINANCE OF THE MAYOR AND COMMON 3 COUNCIL OF THE CITY OF SAN BERNARDINO PROVIDING THAT THE CALIFORNIA VEHICLE CODE WILL BE ENFORCED WITHIN 4 THE SAN BERNARDINO INTERNATIONAL AIRPORT AND ON PROPERTIES OWNED BY THE INLAND VALLEY DEVELOPMENT 5 AGENCY 6 7 WHEREAS, the City of San Bernardino (the "City") is a charter city organized and 8 existing under the Constitution and laws of the State of California; and 9 WHEREAS, the Inland Valley Development Agency (the "IVDA") is a joint powers 10 11 authority formed by the legislative bodies of its members pursuant to California Health and 12 Safety Code Section 33320.5 and California Government Code Section 6500,et seq.; and 13 WHEREAS, California Vehicle Code Section 21107.7 provides that a city may, by 14 ordinance, find and declare that there are privately owned and maintained roads within the city 15 16 that are not generally held open for use of the public for purposes of vehicular travel but, by 17 reason of their proximity to or connection with highways, the interests of residents residing 18 along the roads and the motoring public will best be served by the application of the provisions 19 of the California Vehicle Code to the roads described herein; and 20 21 WHEREAS, the governing body of the IVDA and the governing body of the San 22 Bernardino International Airport Authority (the "SBIAA"), by the adoption of Resolution No. 23 2009-07 of the IVDA and Resolution No. 2009-14 of the SBIAA, respectively, as the parties 24 responsible for maintaining the roads, has petitioned the City to request that the City enforce 25 the California Vehicle Code within specific areas of the San Bernardino International Airport 26 27 28 4845-9958-0677.2 1 1 (the "Airport") and on other properties as owned by the IVDA as specified by attachments to 2 said Resolutions; and 3 4 WHEREAS, the IVDA and the SBIAA also will fund the cost of providing and 5 installing the signage required to give notice to the public on the streets and roadways that are 6 the subject of this Ordinance as to the application of the California Vehicle Code to such streets 7 and roadways; and 8 9 WHEREAS, the City Clerk of the City properly noticed a public hearing on this issue 10 and has provided notice of such hearing to the IVDA and SBIAA; and 11 WHEREAS, the Mayor and Common Council (the "Council") conducted the noticed 12 13 Public hearing at which time testimony was received from all interested persons seeking to so 14 speak at said public hearing; and 15 WHEREAS, based upon the record here, the Council hereinafter find and determine that 16 it is in the best interests of the residents of the City, the users of the Airport and the motoring 17 18 public for the California Vehicle Code to apply to such private streets and roadways located 19 within the Airport. 20 NOW, THEREFORE,THE MAYOR AND COMMON COUNCIL OF THE CITY 21 22 OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: 23 Section 1. Vehicle Code Application to Private Streets Within the Airport. The 24 provisions of the California Vehicle Code shall apply to those streets and roadways within the 25 Airport that are owned and maintained by the IVDA and SBIAA as further identified in the 26 27 attached Exhibit "A" at such time as appropriate signs are erected at the entrances to the 28 U4845-9958-0677.2 2 1 Airport and at other locations approved by this Ordinance of a size, shape and color as to be 2 readily legible during daylight hours from a distance of 100 feet, stating to the effect that the 3 streets or roadways therein are subject to the provisions of the California Vehicle Code. The 4 installation of such signs and the precise location, design and color shall conform to the 5 6 uniform standards and specifications adopted by the Department of Transportation and be 7 subject to the prior written approval from the City Engineer and Police Chief of the City or 8 their designees. 9 Section 2. The IVDA and the SBIAA are hereby authorized to erect and thereafter 10 maintain such approved signs and shall do so at their sole cost and expense subject to the 11 provisions of this Ordinance. 12 13 Section 3. Effective Date. This Ordinance shall take effect and be in full force and 14 effect in the manner as provided in the City Charter for the adoption of ordinances by this 15 Council. 16 17 // 18 19 20 // 21 // 22 23 // 24 // 25 // 26 27 // 28 4845-9958-0677.2 3 I 1 AN UNCODIFIED ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF 2 THE CITY OF SAN BERNARDINO PROVIDING THAT THE CALIFORNIA VEHICLE CODE WILL BE ENFORCED WITHIN THE SAN BERNARDINO 3 INTERNATIONAL AIRPORT AND ON PROPERTIES OWNED BY THE INLAND VALLEY DEVELOPMENT AGENCY 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a meeting thereof, held on 7 the day of 2010 by the following vote, to wit: 8 Council Members: Ayes Nays Abstain Absent 9 MARQUEZ 10 DESJARDINS 11 BRINKER 12 SHORETT 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 17 Rachel G. Clark, City Clerk 18 The foregoing Ordinance is hereby approved this day of 2010. 19 20 21 Patrick J. Morris, Mayor 22 City of San Bernardino 23 Approved as to Form: 24 By: 25 James F. Penman, City Attorney 26 27 28 4845-9958-0677.2 4 EXHIBIT"A" IVDA Resolution No.2009-14 and SBIAA Resolution No.2009-07 4845-9958-0677.2 5 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. r0' 1 (b) The department shall not be required to provide patrol or enforce any provisions of "%KW 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 of the 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. QNOTICE 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 by e-mail at brander keksbcit�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. 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