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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Dept: CITY ATTORNEY
Subject: An Ordinance of the City of San Bernardino
adding Subsection "C" to Section 10.24.190 of the San
Bernardino Municipal Code relating to commercial
vehicles prohibited on certain streets.
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Date: October 31, 2002 . i.. ,". . . .. \
Synopsis of Previous Council Action:
12-03-01 - Mayor and Common Council adopted Ordinance No. MC-111O
08-21-00 - Mayor and Common Council adopted Ordinance No. MC-1079
05-03-99 - Mayor and Common Council adopted Ordinance No. MC-1046
07-01-85 - Mayor and Common Council adopted Ordinance No. MC-465
02-20-84 - Mayor and Common Council adopted Ordinance No. MC-344
Recommended motion:
That said ordinance be laid over for final adoption; and that the ordinance be referred to the Legislative
Review Committee.
L,,?~
~ature
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Reoort
Ward:
All
FUNDING REQUIREMENTS: Amount: None at this time
Source:
Finance:
Council Notes:
Agenda Item
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STAFF REPORT
Council Meeting Date: November 5. 2002
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
October 31, 2002
Agenda Item #30: An Ordinance of the City of San Bernardino adding
Subsection "C" to Section 10.24.190 ofthe San Bernardino Municipal
Code relating to commercial vehicles prohibited on certain streets.
As a result of increased development and activity in the City of San Bernardino, and just
beyond its city limits, there has been an increase in commercial vehicles traversing city streets, and
it is expected that this trend will continue for the foreseeable future. Development and activity in
the north part of the City and just beyond the city limits will result in commercial vehicles leaving
the area described as the Waterman Flood Control Basin and traveling south to generally get on the
30 Freeway or the 10 Freeway. Development and activity in the south part of the City and just
beyond the city limits will result in commercial vehicles traversing Redlands Blvd., Hunts Lane, and
Waterman Avenue as they go back and forth in their daily activity, oftentimes utilizing the 10
Freeway or the 215 Freeway.
Concerns have been raised that an increase in commercial vehicles traversing certain city
streets not necessarily designed or constructed for such loads or increased trips will result, generally,
in a more rapid deterioration of those streets, resulting in additional costs to the City for more
frequent repairs. Further, such commercial vehicles on certain streets not necessarily intended for
such purposes will create safety issues relative to pedestrians, parked vehicles, other moving
vehicles, and, should street traffic accidents occur, potentially to adjoining real property.
With these considerations in mind, and ensuring that the most direct, and therefore the most
economical routes for such commercial vehicles remain intact, the streets (or portions thereof) so
designated for restriction are listed in numbers 1-7, inclusive, in proposed subsection "c."
Concerns have also been raised that an increase in commercial vehicles traversing city streets
will result in a traffic congestion pattern which will have a negative impact on the commercial
attractiveness of certain business areas in the City, potentially resulting in a loss of revenue to the
City due to a diminution of commercial transactions. With this consideration in mind, as well as the
safety issues previously described herein, the streets (or portions thereof) so designated for restriction
are listed in numbers 8 and 9 in proposed subsection "C." Again, the most direct, and therefore the
most economical routes for such commercial vehicles, remain intact. Ingress and egress to either
direction to the I 0 Freeway or the 215 Freeway is ensured.
This item was scheduled to be heard at the last Legislative Review Committee, but the
Committee was unable to meet. Accordingly, it is requested that the ordinance be laid over for final
adoption; and that the ordinance be referred to the Legislative Review Committee.
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1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SUBSECTION "C"
TO SECTION 10.24.190 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING
3 TO COMMERCIAL VEHICLES PROHIBITED ON CERTAIN STREETS.
.
4 WHEREAS, the City of San Bernardino ("City") is a charter city organized and existing
under the Constitution and laws of the State of California; and
5
WHEREAS, as a result of increased development and activity in the City and just beyond its
6 city limits, there has been an increase in commercial vehicles traversing city streets, and it is
expected that this trend will continue for the foreseeable future; and
7
WHEREAS, an increase in commercial vehicles traversing certain city streets not designed
8 or constructed for such loads will result, generally, in a more rapid deterioration of those streets,
resulting in additional costs to the City for more frequent repairs, etc.; and
9
WHEREAS, such an increase in commercial vehicles will result in a traffic congestion
10 pattern which will have a negative impact on the commercial attractiveness of certain business areas
in the City and potentially result in a loss of revenue to the City; and
11
WHEREAS, due to said design, construction and congestion, such an increase in commercial
12 vehicles traversing certain city streets will result in safety issues and problems relative to
pedestrians, parked vehicles, other moving vehicles, and potentially real property.
13
NOW, THEREFORE, THE MAYOR AND COMMON COUNCll., OF THE CITY OF SAN
. 14 BERNARDINO DO ORDAIN AS FOLLOWS:
15 Section 1. Section 10.24.190 of the San Bernardino Municipal Code relating to commercial
vehicles prohibited on certain streets is amended by adding Subsection C to read as follows:
16
"e. Pursuant to the authority and restrictions of Vehicle Code Sections 35701, 35703, et seq., no
17 person shall operate or drive any commercial vehicle having a manufacturer's Gross Vehicle
Weight rating (GVWR) exceeding thirty thousand (30,000) pounds upon the following
18 streets, and the Director of Public Services shall cause appropriate signs to be erected giving
notice of such weight limitation prohibition:
19
20
21
22
23
24
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1.
2.
3.
4.
5.
6.
7.
8.
9.
40"' Street, east of Harrison Street for a distance of five hundred (500) feet;
40"' Street, west of Waterman Avenue to Acacia;
Valencia Avenue, between 40"' Street and 30"' Street;
Parkside Drive, between 40"' Street and 30"' Street;
Sierra Way, from the Highway 18 junction to 30"' Street;
Mountain View Avenue, from its merge with Electric Avenue to 30"' Street;
Electric Avenue, from 40th Street to its merge with Mountain View Avenue;
Hospitality Lane, from E Street to Waterman Avenue;
Hunts Lane, from Hospitality Lane to E Street."
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SUBSECTION "C"
2 TO SECTION 10.24.190 OF THE SAN BERNARDINO MUNICIPAL CODE RELA TlNG
TO COMMERCIAL VEHICLES PROHIBITED ON CERTAIN STREETS.
3
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof, held on the
6 _dayof
7 COUNCIL MEMBERS:
8 ESTRADA
9 LIEN
10 MCGINNIS
11 DERRY
12 SUAREZ
13 ANDERSON
. 14 MC CAMMACK
15
16
, 2002, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
17
18
19
20
21
City Clerk
The foregoing Ordinance is hereby approved this _ day of
,2002.
JUDITH VAlLES, Mayor
City of San Bernardino
22
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23
24 Approved as to form
and legal content:
25 JAMES F. PENMAN
26 City Attorney
27
28 -.L? ~
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Meeting Date/Date Adopted:
Resolution/Ordinance No. Me - / /33
Effective Date: /;}.-Iq - 0 2.-
Ayes: ~ ~ ~ s: ro
7
Date Sent to Mayor: - 0 'L-.
Date of Mayor's Signature: (2- 0 0 2-..
Date Summary sen~tto Atto ney: /1-1 _oL
Date Published: ~S-- /0 ?
Meeting Type: ~.....J
Continued FromITo & Item No.
AGENDA ITEM TRACKING FORM
11- /8'- 0 "2--
Item No.
Abstai ""
Ordinance Urgency: Yes
Termination/Sunset Date:
--cr--
:3
Nays:
Absent:
Vote:
Date Returned from Mayor:
Date of Clerk's Signature:
Date Summary Returned
Date Seal Impressed:
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Date Sent for Signature:
Expiration Date:
Copies Distributed To:
U
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Exhibits Complete & Attached to Resolution/Ordinance:
Rem i nder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Notes: ~p';~ ~.- - ~
Yes
~Ji07
No
Ready to File:
Date:
COClIMENT l()CA noN:
~A8tf'Ida 111m TrackinI Fonn.CC FomI No. 111- b5c UOda&ed: IV04/1996