HomeMy WebLinkAbout25-Planning Revised
- CITY OF SAN "RN. .IDINO - RI!QUI!ST F~ A COUNCIL ACTION
Larry E. Reed, Director
Dept:
Planning and "ding
March 13, 19~
",,,,_,c_.
Services
Annual Siqn Code sticker
Subject: Public hearing, Ordinance &
Fee Resolution
From:
Date:
Synopsis of Previous CouncilllCtion:
9/9/89 The subject of an Annual Sign Code Enforcement Program was intro-
duced to the Hayor and Council as a blight abatement program op-
tion, and was referred to the Legislative Review Committee.
10/19/89 Draft of an Annual sign sticker Ordinance was reviewed by the
Legislative Review Committee.
1/22/90 Council referred Sign sticker Ordinance back to the Legislative
Review Committee.
1/25/90 Legislative Review Committee recommends Council approval of
Ordinance adding section 19.60.081 through 19.60.085 and
requiring an Annual Sign sticker and establishing fees.
2/22/90 Council waived further reading of the Ordinance and laid it over
for final passage at the March 5, 1990 Council.
3/5/90 Council continued Public Hearing on Sign sticker Fees, as well as
the Ordinance and Resolution to 3/19/90.
3/19/90 Council continued Public Hearing to April 2, 1990. ~
Recommended motion:
1. That the Public Hearing be closed.
2. Waive further reading and layover for final adoption.
3. Adopt resolution.
cc: Jim Richardson, Deputy City Administrator
Marshall Julian, City Administrator
James Penman, city Attorney
di?jsignC kf
Larry E. Reed
384-5281
Contact person:
Phone:
All Wards
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
COUNCIL:CA.REQUEST-18B
Agenda Item No.~5-
75-0262
,CITY OF SAN BERNf"llDINO - REQUEST Fr,. COUNCIL ACTION
STAFF REPORT
SIGN STICKER AND INSPECTION PROGRAM
ESTIMATED COST
SUPPLEMENTAL REPORT
The sign sticker Ordinance states the fees collected may only be used
to implement the sign inventory and abatement program. California law
states cities may only charge fees covering the estimated cost of
performing the program. The program consists of the following:
1. Program Development / Notice to Businesses
2. Sign sticker Application Processing
3. Survey Process
4. Notice of violation / Self-Abatement
5. Board of Building Commissioners / Miscellaneous Administration
6. city Abatement (Full Cost Recovery)
1. PROGRAM DEVELOPMENT / NOTICE TO
BUSINESSES
Time
80 hrs x
80 hrs x
40 hrs x
subtotal:
Hourly Rate
$24.68 =
$21. 99 =
$12.29 =
Senior Planner (forms, procedures)
Senior Code Compliance Officer
Typist Clerk II (typing, mailing)
Material Cost
Mailing Cost
Total:
2. SIGN STICKER APPLICATION PROCESSING
Time
$ Cost
$1,974.00
$1,759.00
$ 492.00
$4,225.00
$2,000.00
$1,000.00
$7,225.00
Hourly Rate $ Cost /
application
Typist Clerk II (Counter)
( filing)
Senior Code Compliance Officer
.25 hr x
.25 hr x
.25 hr x
subtotal:
phones, etc.
Total:
rounded
$12.29
$12.29
$21. 99
Overhead: 10% for rent, utilities,
off to:
=
=
$
$
$
$
$
$
6.14
5.49
11.63
1.16
12.79
13.00
=
4.500 siqn aDDlications x $13. = (aDDroximate cost) $ 58.500
(6,300 legal signs plus 340 billboards for 4,500 businesses)
COUNCIL:CA.STAFF-18B
Page 1
75-0264
3. SURVEY PROCESS
Option A: City staff
with estimated, 3,000 abandoned or illegal signs to be identified:
3,000 / 12 months = 250 per month
250 / 21 workdays per month = 12 signs per day
24 signs per day will take two (2) City Surveyors six (6) mo.
Code Compliance Officer (2 x 6 mo. = 12 mo.)
Overhead: 10% - rent, utilities, phone, etc
Vehicle & radio, HT radio, desk, misc. supplies
Salary
$35,708
$ Cost
= $35,708
$ 3,570
$26,000
$ 65,278
Total:
Option B: outside consultant / Contract
with estimated 3,000 abandoned or illegal signs to be identified
2 - 3 1/2 months to do survey
$50,000 to $60,000 cost (estimated) $60,000
4. NOTICE OF VIOLATION / SELF-ABATEMENT
Time
Overhead: 10% - rent, utilities,
2.5 hr x
.25 hr x
1. 0 hr x
Subtotal:
phone, etc.
Total:
$20.93 =
$21. 99 =
$12.29 =
$ Cost /
violation
$52.33
$ 5.49
$12.29
$70.11
$ 7.01
$77 .12
Hourly Rate
Code Compliance Officer
Senior Code Compliance Officer
Typist Clerk II (phone, typing)
First year:
Option A: City Staff
after survey is completed, 2nd six (6) months
Code Compliance Officer (2 x 6 mo. = 12 mo.)
Overhead: 10% - rent, utilities, phone, etc
Salary
$35,708
$ Cost
= $35,708
$ 3,570
Total:
$39,278
Option
B: outside Consultant
after consultant completes survey, Code Compliance
Officers would be hired
eight (8) mo. at 100 illegal signs/mo. = 800 signs
800 illegal signs x $ 77.12
=
$61,696
Beginning the second year and each year thereafter,
1,200 illegal signs/year abated
for 2 additional years x $77.12
=
$92,544
COUNCIL:CA.STAFF-18B
Page 2
5. BOARD OF BUILDING COMKISSIOHERS / MISC ADMINISTRATION
per year
Time of Director, Senior Secretary, Planners, etc. in explaining program
to civic Groups, on the phone with and explaining program to Business
Owners, doing paperwork involved with Board of Building Commissioners
cases, taking minutes, preparation and disbursement of Agendas and Minutes
of BBC, and involved in processing appeals of Notice of violation to BBC
(5% at total number of Notices at Violation):
First Year
Second Year
& continuing
6. CITY ABATEMENT (FULL COST RECOVERY)
=
=
$10,000
$20,000
When the City is forced to act to abate an abandoned
or illegal sign because the owner fails to remove or
correct an illegal sign:
A lien is placed against the property, including 40% Admin. Charge $ 0
------------------------------------------------------------------------
------------------------------------------------------- ~------------
SUMMARY:
option A
(city)
1.
2.
3.
4.
5.
6.
Program Development/Notice
Sign sticker Application Processing
Survey Process
Notice of Violation
Board of Building Commissioners/MISC
city Abatement
Total:
$ 7,225
$ 58,500
$ 65,278
$ 39,278
$ 10,000
$ 0
$180,281
option B
(Consultant)
$ 7,225
$ 58,500
$ 60,000
$ 61,696
$ 10,000
$ 0
$197,421
2nd Year
$ 0
$ 58,500
$ 0
$ 92,544
$ 20,000
$ 0
$171,044
If the City's decision is to use an outside firm to do the survey, only
the Senior Code Officer and Typist Clerk will need to be hired to begin
the program. The hiring of the two code Compliance Officers will be
delayed until the survey is about complete (October/November of 1990).
If the City decision is to have the survey done by city Staff (Option A),
the two Code Compliance Officers will need to be hired right away (July,
1990) This also means the distinguishing features between survey and
Notice of violation phases will become intermixed. Either way, the re-
quired survey is done and the $25 per sign sticker fee is justified.
LER:nhm
COUNCIL: CA. STAFF-18B
Page 3
1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
19.60.081 THROUGH 19.60.085 OF THE SAN BERNARDINO MUNICIPAL CODE
3 AND REQUIRING AN ANNUAL SIGN CODE INSPECTION STICKER AND
INVENTORY PROGRAM, AND REPEALING SECTION 15.04.085(7).
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6
SECTION 1.
Sections 19.60.081 through 19.60.085 are added
7 to the San Bernardino Municipal Code to read as follows:
8 "19.60.081 ANNUAL INSPECTION STICKER REQUIRED
9
Every person, firm or corporation owning any legally
10 permi tted sign in the City of San Bernardino shall obtain for
11 each sign an Annual Sign Code Inspection Sticker issued by the
12 Director of Planning and Building Services unless specifically
13 waived by Resolution of the Mayor and Common Council. A sticker
14 is required for each on-premises and off-premises sign except
15 temporary signs and those signs exempt pursuant to Section
16
19.60.090.
This sticker is applicable to one sign at one
17 location only and is transferable to a new owner or lessee of
18
that sign.
This sticker must be displayed on a visible portion
19 of the face of the sign or its structural support.
20 "19.60.082 APPLICATION AND FEES
21 A. An application for an Annual Sign Code Inspection
22 Sticker shall be submitted by the owner of a legally permitted
23 sign or his agent to the Director of Planning and Building
24 Services. Such application shall include, but not be limited to,
25 a description of the sign, its size, its height, and its
26 location.
27
B.
The initial Annual Sign Code Inspection Sticker fee
28
HE/dys/sign.ord
March 29, 1990
1
1 for all existing signs shall be due and payable on June 2, 1990;
2 and for any new sign erected after that date, shall be due and
3
payable on the date the sign is erected.
Renewal fees for an
4 Annual Sign Code Inspection Sticker shall be due and payable on
5 July 1st of each calendar year and shall be in an amount
6 determined in accordance with the fee schedule established by
7 resolution of the Mayor and Common Council and filed in the
8
office of the City Clerk.
Each Annual Sign Code Inspection
9 Sticker fee not paid within thirty (30) days of the date due
10 shall be considered delinquent and shall be twice the amount
11
specified.
Fees collected from the Annual Sign Code Inspection
12 Sticker Program shall be used only to implement the inventory and
13 abatement program referred to in Section 19.60.084.
14
15
"19.60.083
ILLEGAL SIGNS
The issuance of any sign permit or Annual Sign Code
16 Inspection Sticker pursuant to this chapter does not allow any
17 person, firm, or corporation to erect or maintain any sign in
18 violation of any City ordinance or any State or Federal law.
19
20
"19.60.084
INVENTORY AND ABATEMENT
Within six (6) months from the date of adoption of Section
21 19.60.081, the City shall commence a program to inventory and
22 identify illegal or abandoned signs within its jurisdiction.
23 Within sixty (60) days after this six-month period, the City
24 shall commence abatement of identified preexisting illegal or
25 abandoned signs.
26
"19.60.085
INSPECTION
27
Any sign for which an Annual Sign Code Inspection Sticker
28
HE/dys/sign.ord
March 29, 1990
2
1 is required shall be subject to inspection by the Planning and
2
Building Services Director.
The Planning and Building Services
3 Director, or his designees are hereby authorized to enter upon
4 any property or premises to ascertain whether the provisions of
5
this Code are being obeyed.
Such entrance shall be made during
6
business hours unless an emergency exists.
A sign owner shall
7 provide all necessary access by the City's employees for the
8 purpose of conducting the required inspection."
9 SECTION 2. Section 15.04.085(7) of the San Bernardino
10 Municipal Code, which set an annual sign permit fee of ten
11 dollars for off-premise signs, is hereby repealed.
12 SECTION 3. Pursuant to Government Code Section 65962,
13 this Ordinance shall become effective sixty days after its
14 adoption by the Mayor and Common Council.
15 I HEREBY CERTIFY that the foregoing ordinance was duly
16 adopted by the Mayor and Common Council of the City of San
17
18
19
20
21
22
23
24
Bernardino at a meeting thereof, held on the
I / / I
I I I /
/ / / /
I I I I
/ / / I
I / / /
/ I I /
I / / /
I / I /
I / / /
HE/dys/sign.ord 3
March 29, 1990
25
26
27
28
1 ORDINANCE...ADDING SECTIONS 19.60.081 THROUGH 19.60.085 OF THE
SAN BERNARDINO MUNICIPAL CODE AND REQUIRING AN ANNUAL SIGN CODE
2 INSPECTION STICKER...AND REPEALING SECTION 15.04.085(7).
3
4
, 1990, by the following vote, to wit:
day of
5
Council Members:
ABSTAIN
AYES
NAYS
6 ESTRADA
7 REILLY
8 FLORES
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
13
14
15
16
17
18
20
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1990.
W. R. Holcomb, Mayor
City of San Bernardino
19
Approved as to
form and legal content:
21
JAMES F. PENMAN,
City Attorney
22
() ~ ~
By: LJav- " ~
/J
./
23
24
25
26
27
28
HE/dys/sign.ord
March 29, 1990
4
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AN
ANNUAL SIGN CODE INSPECTION STICKER FEE TO FUND AN INVENTORY,
3 IDENTIFICATION, AND ABATEMENT PROGRAM OF ILLEGAL OR ABANDONED
SIGNS.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The Mayor and Common Council find:
7
A.
This Resolution is adopted pursuant to Municipal Code
8 Section 19.60.081, et seq., and Cal i forni a Business and
9 Prosessions Code Sections 5491.1 and 5491.2, which authorize the
10 City to impose reasonable fees upon all owners or lessees of
11 signs for the purpose of covering the City's actual cost of
12 inventorying and identifying illegal or abandoned signs within
13 the City.
14
B.
A hearing has been held by the Mayor and Common
15 Council pursuant to the provisions of Government Code Section
16 54990, et seq., to consider imposing this annual sign code
17 inspection sticker fee for various services involved in
18 inventorying, identifying and abating illegal or abandoned signs,
19 which hearing was held following public notice published in a
20 newspaper of general circulation in the City of San Bernardino.
21
C.
This proposed new fee will not exceed the estimated
22 cost of providing such services, and for those services which are
23 not completely paid for by the proposed fee, the additional
24 expense to the City of providing the services shall be borne by
25 the general fund of the City of San Bernardino.
26
D.
The proposed fees are reasonable and necessary to
27 enable the City of San Bernardino to meet the actual costs of
28
HE/dys/sign.res
March 29, 1990
1
1 providing such services.
2
E.
The adoption of this resolution is exempt from the
3 California Environmental Quality Act because it involves
4 inspections under Section 15309 of Title 14 of the California
5 Code of Regulations and because it approves fees for the purpose
6 of meeting a portion of the operating expenses of the City
7 Planning and Building Services Department, as set forth in Public
8 Resources Code 21080 (b) (8).
9
SECTION 2. Existing Signs.
10 For each sign erected on or before June 2, 1990, an initial
11 Annual Sign Code Inspection Sticker fee of Twenty-Five Dollars
12 ($25.00) shall be due and payable to the City of San Bernardino
13 on June 2, 1990.
14
15
SECTION 3. New Signs.
For each new sign erected after June 2, 1990, an Annual
16 Sign Code Inspection Sticker fee of Twenty-Five Dollars ($25.00)
17 shall be due and payable to the City of San Bernardino on the
18 date the sign is erected.
19
SECTION 4. Annual Renewal Fee.
20 Renewal fees for an Annual Sign Code Inspection Sticker
21 shall be due and payable on July 1st of each year beginning July
22 1, 1991; except that new signs erected between May 1 to July 1
23 of any year for which an initial annual fee has been paid will be
24 exempt from payment of a renewal fee for the first year after the
25 sign was erected.
26 I / / /
27 / / / /
28
HE/dys/sign.res
March 29, 1990
2
1
SECTION 5. Delinquent Fees.
2 Each Annual Sign Code Inspection Sticker fee not paid
3 within thirty (30) days of the date due shall be considered
4 delinquent and shall be twice the amount specified above.
5
SECTION 6. Location of Payment of Fees.
6 Payment of Annual Sign Code Inspection Sticker fees shall
7 be made at the Planning and Building Services Department.
8 I HEREBY CERTIFY that the foregoing resolution was duly
9 adopted by the Mayor and Common Council of the City of San
10 Bernardino at a meeting thereof, held on the
11 day of , 1990, by the following vote, to wit:
12
Council Members:
NAYS
ABSTAIN
AYES
13 ESTRADA
14 REILLY
15 FLORES
16 MAUDSLEY
17 MINOR
20
21
18 POPE-LUDLAM
19 MILLER
City Clerk
22
I I / /
I I / I
/ / / I
/ / / /
/ I / /
1/1 /
HE/dys/sign.res 3
March 29, 1990
23
24
25
26
27
28
1 RESOLUTION...ESTABLISHING AN ANNUAL SIGN CODE INSPECTION STICKER
FEE TO FUND AN INVENTORY, IDENTIFICATION, AND ABATEMENT PROGRAM
2 OF ILLEGAL OR ABANDONED SIGNS.
3
4
The foregoing resolution is hereby approved this
day
of
, 1990.
5
6
W. R. Holcomb, Mayor
7 City of San Bernardino
8 Approved as to
form and legal content:
9
JAMES F. PENMAN,
10 City Attorney
11
12
13
14
15
16
17
18
By: L 7!~
()
19
20
21
22
23
24
25
26
27
28
HE/dys/sign.res
March 29, 1990
4