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HomeMy WebLinkAboutMC-1336Adopted: November 1, 2010 Effective: December 2, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19~ 20 21 23 24 25 26 27 28 ORDINANCE N0.2010-MC1336 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 4R45-9958-0677.2 1 MC-1336 1 2 3 4 5 6 7 8 9 10, 1] 12 13 141 15 16 17 18 19 20 21 22 23 24 25 26 a~ ss (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 A lication to Private Streets Within the Ai ort. 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 2 MC-1366 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. // ~/ // // // /~ ~~ // ~~ 4845-9958-0677.2 3 MC-1336 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 5~ s 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 1st day of November , 2010 by the following vote, to wit: Council Members MARQUEZ DESJARDINS BRINKER SHORETT KELLEY JOHNSON MC CAMMACK Ayes Nays x x x x x x x Abstain Absent ~:~-~ ~ Rachel G. Clark, City Clerk oy The foregoing Ordinance is hereby approved this a' day of November , 2010. P 'ck J. M 's, Mayor City of an Bernardino Approved as to Form: B y: James F. Penman, City Attorney 4845-9958-0677.2 4 MC-1336 EXHIBIT "A" IVDA Resolution No. 2009-14 and SBIAA Resolution No. 2009-07 4845-9958-0677.2 MC-1336 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. MC-1336 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. 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 by e-mail at brander kena,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 MC-1336 N (2u Id I lei -0 4 w 106th. Street ° a ' > e 105th. Street Z 41 ai ai a) v z 403rd. 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