Friday Aside: Locally Grown Blueberries in Redlands

By Michael Reiter, Attorney at Law.

I have written about local agriculture before ( Locally Grown Strawberries in Redlands, Growing and Selling Crops and Agricultural Products in the Inland Empire , Front Yard Fruit Stands in Redlands).

Last night, at Redlands’ Thursday Market Night, I had the locally produced blueberries from Soffel Farms in Redlands.  I first heard about the blueberries in a Redlands Daily Facts article last year because they had you-pick blueberries.  I asked the woman at the stand if they were going to do that again this year, and she said they were in a few weeks.

In addition to blueberries, they have raw honey, avocados, and oranges.  They have a stand at 1545 East San Bernardino Avenue, Redlands, CA 92374 at the corner of Dearborn and San Bernardino Avenue, near the Redlands Sports Complex also known as the AYSO fields.  I haven’t been there yet, but it appears on Google Street View that the entrance is on Dearborn.
According to the flier they are open 7 days a wek, Monday through Friday 12 to 6 p.m and Saturday and Sunday from 9 to 5 p.m.

 

Copyright 2012 Michael Reiter, Attorney at Law

Locally Grown Strawberries in Redlands

By Michael Reiter, Attorney at Law.

I have written about local agriculture before (Growing and Selling Crops and Agricultural Products in the Inland Empire , Front Yard Fruit Stands in Redlands).  I have fond memories of strawberries from a farm in Highland, which no longer exists, Hamamura Farms.  Hamamura’s was at 28214 E. Third Street in Highland in the mid-1960s, and I remember visiting last in 1990, though its exact location escapes me.  The Highland Area Historical Society says that in 1952:

Ruth and Ronald Hamamura, and children Dennis, Roger, and Roy, arrived
from Honolulu, Hawaii, and purchased their East Third Street property.
They built a large glass green house for an exotic plant nursery. A
disastrous freeze that winter killed most of their unprotected stock.
Ronald went to work for Sears for fifteen years. The Hamamura’s had 10
acres, but no water, so they leased 15 acres from the Rozemas, their
neighbors to the west. In 1960, the Hamamuras sank a well on their own
ten acres and have since become outstanding strawberry producers in the
area. Also grown are Maui style onions and vegetables.

Roy Hamamura returned to Hawaii and grew strawberries in Maui. Hamamura’s ceased to exist in the 1990s, but local strawberries are still available in Mentone and Redlands.

You can still get locally grown strawberries in Redlands.  One such place is Jacinto Farms, which grows strawberries in Mentone and sells them at their two stores: the original at 2108 Mentone Boulevard, Mentone, CA and the (somewhat (January 27, 2012)) new location in Redlands, 1269 Brookside Avenue, in Redlands.

The Redlands location is a good example of adaptive reuse: it is a former gas station on Brookside, not too far from a Mobil station, and just down the road from the Stater Bros. on Alabama Street.  When I was Assistant City Attorney, residents on Magnolia were rightly complaining about the former gas station being vandalized, so it is good that it went from neighborhood eyesore to a place to buy local produce.

Jacinto Farms produces the citrus that Redlands and Mentone is famous for, but also has other seasonal fruits and vegetables.  Expect to pay Market Night prices, and they are conventionally grown, but the fruit is fresh and produced less than four miles away, according to the Jacinto Farms website.

I’ve eaten the strawberries from the Redlands “stand” three times, most recently about fifteen minutes ago.  They are much better than the imported (either from Oxnard or Mexico) strawberries that Stater Bros. had as a loss-leader recently. If you pass by on Brookside, take a look.  Right now, in addition to oranges, strawberries and avocados, they have lettuce, small artichokes, and onions, among other produce.  Though they are open until 6:30 p.m., the selection of non-oranges and avocados is much better at around noon.

 

What Municipal (Local City and Town) Offices are Up for Election in San Bernardino County in November 6, 2012?

By Michael Reiter, Attorney at Law

In short, it is an election year for everyone except the City of San Bernardino.  Many local cities consolidate their election to either the Presidential election and the Congressional Midterm Elections, because it costs less.

Starting with the High Desert, the City of Adelanto is electing two Council Members; Apple Valley, two Town Council Members; Barstow is electing the Mayor, the City Clerk, City Treasurer, and two City Council Members, Hesperia, two Council Members, Needles is electing two Council Members and the Mayor, Twentynine Palms is electing two Council Members. Rounding out the High Desert is Victorville, electing three Council Members, and Yucca Valley electing two Town Council Members.
In the San Bernardino Mountains, the City of Big Bear Lake is electing two City Council Members

In the Southwest of San Bernardino County, Chino is electing two City Council Members, and Chino Hills, the same number.

In the East-end of San Bernardino, the City of Colton is electing City Council Members in two districts, 3 and 5; the City Clerk and City Treasurer, and the Blue Mountain City, Grand Terrace, is electing three Council Members.  Fontana, which either is the western part of the East Valley, or the Western part of the West-end, is electing two City Council members.  Highland is electing two Council Members, the adjoining City of Redlands has two Council Member seats up for election, and City Clerk and City Treasurer.  Rialto has a mayoral election, City Clerk, City Treasurer, and two Council Member seats.  Lastly, Yucaipa is electing three Council Members.

In the West-end, Montclair is electing two Council Members; Ontario is electing Mayor, City Clerk, City Treasurer, and two Council Members; Rancho Cucamonga, land of Victoria Gardens, is electing its City Clerk, City Treasurer, and two Council Members; Upland, is electing one Council Member, the Mayor and Treasurer.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

A: 1255 W. Colton Ave. Suite 104, Redlands, CA 92374
T: (909) 708-6055

Gophers Can Cause Trip and Falls

By Michael Reiter, Attorney at Law.

I went out for another walk today, in the late afternoon.  I love to see California native wildlife, like this:

California Pocket Gopher

I am a big fan of California wildlife, particularly Pocket Gophers, though not as much as my late friend Emma.  I had never seen a living pocket gopher before, but this individual poked his head up a few times, and I was able to get this picture of his head.  Unfortunately, I only had an iPhone to take a picture, and it was from about six feet away.  This is a zoomed photo, modified with Photoshop Elements, and I have helpfully drawn a circle around the gopher

Gophers can cause damage to lawns.  They can also damage parks.  When I was a Deputy City Attorney for the City of San Bernardino, I defended a lawsuit involving an AYSO coach who allegedly tripped and fell in a field in Wildwood Park.  Because the case involved a public entity, the plaintiff had to plead and prove a dangerous condition of  public property cause of action, but with a private landowner, the standard is typically negligence.  The case also involved cross-complaints against the City’s pest controller contractor and the American Youth Soccer Organization.  If I recall correctly, the American Youth Soccer Organization, Inc. picked up the City’s defense under an express indemnification clause in a field use agreement.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

A: 1255 W. Colton Ave. Suite 104
      Redlands, CA 92374
T: (909) 708-6055

W: http://michaelreiterlaw.com

Finding Out Who Owns A Piece of Infrastructure, Part Two

By Michael Reiter, Attorney at Law.

When someone is injured because they tripped and fell on a sidewalk, or in a field, or near a school, the immediate answer to who was responsible is not always readily apparent.  For example, cities often claim that the sidewalk is jointly controlled with a homeowner.  Some cities will cross-complain against the homeowner or other landowner.  Some will just assert that the homeowner is responsible and wait for the person injured, typically the plaintiff, to make a claim or file suit against the property owner.  The public entities that I have worked for were reluctant to cross-complain against a single family landowner because it could create a political problem.  Sometimes, a plaintiff, for a variety of reasons, does not want to sue one organization or another.  Since economic damages are joint and severable, that may be a judgment call a plaintiff is willing to take.  Another reason may be that the plaintiff or the plaintiff’s lawyer has failed to comply with the Government Claims Act.  Then, the defendant may wish to file a Government Claim and then file a cross-complaint for indemnification.

Yestersday, I discussed the probable owners of a parcel behind my office including  the related infrastructure.  When we left off, we found clues that it was owned and/or controlled by SANBAG and possibly BNSF, the successor to AT&SF.

Redlands Industrial Spur Utility Pole Without Wires

Here are some pictures that I took.  This shows a close-up of one of the many utility poles on this portion of the Redlands Industrial Spur without wires.  There is no indication on the pole, that I could find, what it was used for, but on the cross arm, you can find some old insulators.

Here is a view of the line of utility poles that lack working wires on the Redlands Industrial Spur in this location:

Redlands Industrial Spur With Tracks and Utility Poles

You can see Mount San Antonio in the background, and my red office building roughly in the middle.  To the left is Redlands Boulevard, formerly Highway 99.  Whether it is dedicated public right of way or not, there is evidence that people use the area between the trees and the utility poles for walking.  I saw one person when I was back there.

Redlands Industrial Spur Track, Missing Ties

You can see the track is elevated from the rest of the parcel.   To the north (generally) of the tracks is a culvert.   There is evidence that the track shown above was washed out by flooding.  The rails remain, but the ties are resting a few feet below.

Most of the infrastructure out there does not have an indicia of ownership.   For example, the utility poles lack a number like you might see on the joint poles along West Colton Avenue.  One exception is at the utility box closest to Tennessee.  On its side it says:

BNSF Emergency Call

Does that mean that BNSF controls this parcel, or the infrastructure on the parcel?  Not necessarily, but it is evidence of the fact.  The have an easement for rail freight.  The property, according to the information discussed yesterday is owned by SANBAG.  They acquired it from the BNSF’s predecessor, AT&SF in 1993.  BNSF was not formed until 1996, yet the stencil says BNSF, not AT&SF.  There is a toll-free phone number under “Call” but it is difficult to read.

The basic investigation (site visit, review of easily obtainable information online) of the property suggests that this infrastructure is owned by SANBAG and/or BNSF, but additional investigation would need to be done, either through public available information, or through discovery if a lawsuit was filed to reach a definitive conclusion.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

A: 1255 W. Colton Ave. Suite 104
      Redlands, CA 92374
T: (909) 708-6055

W: http://michaelreiterlaw.com

Finding Out Who Owns A Piece of Infrastructure, Part One

By Michael Reiter, Attorney at Law.

When someone is injured because they tripped and fell on a sidewalk, or in a field, or near a school, the immediate answer to who was responsible is not always readily apparent.  For example, cities often claim that the sidewalk is jointly controlled with a homeowner.  Some cities will cross-complain against the homeowner or other landowner.  Some will just assert that the homeowner is responsible and wait for the person injured, typically the plaintiff, to make a claim or file suit against the property owner.  Sometimes, a plaintiff, for a variety of reasons, does not want to sue one organization or another.  Since economic damages are joint and severable, that may be a judgment call a plaintiff is willing to take.  Another reason may be that the plaintiff or the plaintiff’s lawyer has failed to comply with the Government Claims Act.  Then, the defendant may wish to file a Government Claim and then file a cross-complaint for indemnification.

There are few better ways of learning a city, its businesses, and its infrastructure than by walking.  Since we are having such nice weather, particularly for early January, I took a break from my office and walked around the block.  I am on a block which is mostly on the Lugonia grid, but it is punctuated by the turn of the former State Highway 99, now Redlands Boulevard.  To walk around the block,  I walked out of the parking lot of Redlands Executive Suites, which it shares with Bakers Drive-Thru and Arby’s onto the sidewalk along the southern portion of Colton Avenue.  I took the sidewalk past Dynasty Suites, Taco Bell, past an Omnitrans bus shelter, past the Carl’s Jr. on the corner of Tennessee Street and West Colton Avenue.  I took the sidewalk south past the parking lot for Carl’s Jr. on Tennessee, past Michelle’s and Excel Automotive.

Once you pass Excel Automotive walking south on Tennessee, the sidewalk ends.  The pedestrian is faced with a small patch of asphalt and railroad tracks at grade, or to cross the tracks.  To the north of the tracks is a small drainage ditch.   Along the railroad tracks are  a series of what appear to be utility poles.  Most of them are not connected by wires.

I have investigated a variety of incidents and accidents over the year since becoming a lawyer.  That, coupled with being involved with public works contracts,  lobbying for grants from the United States Government, advising local municipal departments, and practicing code enforcement law, and boards, has left me fascinated with infrastructure, public and private.

The railroad lines behind my office are part of the Redlands Industrial Spur.  Having lived in the Inland Empire almost my entire life, save for college and law school, I do not ever recall seeing a train on these particular tracks, though I have seen trains on other portions of the spur, and I am told as recently as five years ago, trains were seen on the spur line.

While figuring out who owns what infrastructure can be difficult, you can find clues by looking at the infrastructure, by using the internet, by using the California Public Records Act, and by using other public information and databases.  One way to find evidence of ownership and control, rather than a definitive answer about ownership and control, is to use the Assessor’s Parcel Maps and to look at the San Bernardino County Tax Collector’s online ownership information.  The Assessor’s Parcel Maps are designed for ad valorem taxation purposes only, but they are commonly-used to help find out the owners of property.  Since the railroad tracks are near my office, I will use my office address to find the right map: 1255 W. Colton Ave, Redlands, California.

That address corresponds to San Bernardino County Assessor’s Parcel Number 0169-411-05.  That corresponds to Assessor’s Map Book 0169, Page 41.  The map shows a parcel with no parcel number (referring to Page 39), and it is labeled “A.T.&S.F. R.R.” for Atchison, Topeka and Santa Fe Railroad, the predecessor to BNSF.   That doesn’t mean that BNSF currently owns or controls the railroad track.

Looking at Assessor’s Map Book 0169, Page 31, we find more information.  This map shows the parcel which is one hundred feet across.  It says “Reserved Rail Freight” and Serv. Esmt.  It shows two parcel numbers, 02, and 04, corresponding to APN 0169-391-02 and APN 0169-391-04.  There is also a little portion south of the railroad designated as 0169-391-03, which we will look up as well.

Looking up 0169-391-02, the Tax Collector says that  the parcel owned by San Bernardino Associated Governments (commonly known as SANBAG), that the recording date is  March 30, 1993, and the document number is 9313704100043.  The tax collector says that the previous owner was “ATCHISON TOPEKA AND SANTA FE RR CO.”  To find out more information, one can obtain that document by going to the County Recorder.  The Tax Collector also gives an abbreviated version of the legal description: PAR NO 10 MAP 804 36 106.  Looking up 0169-391-04, it says that it is an easement,  with a legal description of “MAP 804 36 106 PARCEL NO 10A (RESERVED RAIL FREIGHT SERV ESMT) ***** SBE LAND CHG FOR 94 PG 13 *****” with a document number of  9500000000000,  a recording date of 3/1/1994.  This information would suggest, though does not conclusively prove, that this segment is owned by SANBAG, with an easement owned by BNSF for rail freight purposes.  A search of the internet finds SANBAG’s FY 2011-2012 budget which has this blurb about the Redlands Industrial Spur:

Redlands Passenger Rail
The Redlands Passenger Rail Project is planned to provide service operating between a proposed
San Bernardino Transit Center at Rialto Avenue and E Street in the City of San Bernardino and
the University of Redlands on the former AT&SF Redlands spur acquired by SANBAG in 1993.
A preliminary feasibility study was completed in Fiscal Year 2002/2003. A station area plan
study, completed in January 2007, identified the preferred station locations and recommended
the type of transit-supportive land use that should occur within a ½-mile radius of each station.
A consultant is currently under contract for preparation of environmental documents necessary
for each city to modify their land use around each station location in support of rail service.

What about that little parcel?  Looking up the parcel number it gives the legal description of  ” BARTON RO COM ON S LI NE 1/4 LOT 20 N 89 DEG 21 MIN W 74.43 FT FROM SE COR TH N 89 DEG 21 MIN W 77 FT TH N 27.76 FT TO S LI A T AND S F R/W TH S 70 DEG 44 MIN E 81.56 FT ALG SD R/W LI TO POB EX STATE HGWY .25 AC.”   That’s a small remnant parcel.  It was formerly owned by the “Grant Water Company,” and looking on Google Street View, it appears to be a former well.  The legal description mentions the “State Highway” meaning Redlands Boulevard.

Tomorrow, we will examine the evidence for ownership of the infrastructure along this section of the Redlands Industrial Spur.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

A: 1255 W. Colton Ave. Suite 104
      Redlands, CA 92374
T: (909) 708-6055

W: http://michaelreiterlaw.com

SANBAG Looking For New General Counsel

SANBAG, San Bernardino Associated Governments, is looking for a new General Counsel. Here is the job announcement:

General Counsel

Categories/Deadline:
  • Legal
  • 11/21/11

Essential Information

Employer San Bernardino Associated Governments (SANBAG)
Street Address 1170 W. 3rd Street
2nd Floor
San Bernardino, CA 92410
Phone 916-784-9080
Website URL www.bobmurrayassoc.com

San Bernardino Associated Governments, known as SANBAG, is the council of governments and transportation planning agency for San Bernardino County. SANBAG is responsible for cooperative regional planning and furthering an efficient multi-modal transportation system countywide. SANBAG is governed by a Board of Directors comprised of 29 officials consisting of the mayor or a council member from each of the 24 cities and all five members of the Board of Supervisors. SANBAG is seeking an experienced General Counsel to join the executive team. The Board would benefit from an individual who has an open form of communication, strong written and verbal skills and the ability to keep the Board and staff well informed. The selected candidate will provide legal advice on issues affecting operations and capital improvement functions, conflicts of interest, procurements, legislation, personnel matters, policies, compliance with SANBAG requirements and stay up-to-date on changing policies and procedures. The incoming General Counsel will direct the preparation of fair and consistent legal/litigation recommendations concerning the enforcement of general law, the Brown Act, transportation laws, land use, state/federal laws, and other related laws and ordinances. Successful candidates will have at least 10 years of work experience as a practicing attorney advising public agency clients including Contract Law, Public Liability Labor/Employment law “At Will” status in a public agency. The ideal candidate will have a J.D. from an accredited law school and be licensed to practice law in California. The salary for the General Counsel is open and is dependent upon qualifications. SANBAG also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Bob Murray at (916) 784-9080 should you have any questions. Brochure available.
Closing date November 21, 2011.

. . .

Additional Information

Industry: Government

Manages Others: yes

Job Duration/Time: Full-time

County: San Bernardino

Why a new general counsel for SANBAG.  According to this staff report:
… County Counsel has informed SANBAG that they will need to end their arrangement with SANBAG  to provide legal counsel which creates a need to recruit a General Counsel for SANBAG.
Earlier in the year, I used SANBAG as an example in my how-to series regarding the California Public Records Act, examining SANBAG’s procurement policies, particularly as they related to the procurement of legal services associated with acquisition of right-of-way for the sbX Project.   In the first entry, I discussed the basics of making a request.  In the second entry, I talked about the use of the California Public Records Act by journalists.  In the third entry, I discussed making a California Public Records Act request with SANBAG for a particular purchase order disclosed on one of their agendas.  In the fourth entry, I discussed receiving the initial response to my California Public Records Act request.  In the fifth entry, SANBAG told me that the records were ready.  In the sixth entry, I collected the records.  In the seventh entry, I showed how to make a follow-up request, and I requested new documents from SANBAG.  In the eighth entry, they sent me an electronic response to my request.  In the ninth entry, I asked about the status of the request. In the tenth entry, I obtained the documents from the second request.  In the eleventh entry, I discussed the purchase orders that I requested.  In the twelfth entry, I discussed SANBAG’s Public Records Act policy.
The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog.  You should consult an attorney for advice regarding your individual situation.
Address: 1255 W. Colton Ave. Suite 104,
Redlands, CA 92374
T: (909) 708-6055

City of San Bernardino Third Ward Election Mailer Number One From Tobin Brinker

By Michael Reiter, Attorney at Law

I recently obtained the first mailer from Tobin Brinker’s reelection campaign in the Third Ward.  The mailer is very professional and very clean.  The campaign theme on the front is one of experience and responsibility and results:

Honest. Hardworking.
Effective leadership
for San Bernardino.

It continues with a quote and a photograph of Council Member Brinker:

“During tough times, you should expect even more
from city leaders. I will continue to bring jobs to
San Bernardino, cut waste at City Hall and protect
the services important to residents.”
— Councilman Tobin Brinker

It finishes with a link to Council Member Brinker’s website.

The rear of the mailer continues the theme of  experience , results and responsibility with: “Experience We Can Trust” and “Commitment to Improving Our City” and the following text:

Real Results for San Bernardino
As some city leaders struggled with the economic downturn, Councilman Tobin
Brinker simply did what all San Bernardino families had to do…he rolled up his
sleeves and worked hard to make things better.
Councilman Tobin Brinker’s hard work has paid off for the families of Ward 3
and all San Bernardino residents. See the results and decide for yourself if he’s been
working hard for us.
Balanced City Budget. As we all have to do in our homes, Councilman
Brinker fought to cut spending and live within our city’s means.
Reduced Crime. Murders, car thefts and robberies are all down citywide,
graffiti removal is faster and school truancy has been been reduced.
Supported Senior Housing Options. Helped protect rent control in senior
housing communities and supports providing more affordable housing
options for seniors.
Improved Local Parks. Reopened Nicholson Park and new KABOOM
playground at Lytle Creek Park.
Attracted and Retained Local Businesses. Assisted in retaining 500
jobs by helping Inland Regional Center stay in San Bernardino and helped
bring Hilton Garden Inn to city.
Created Jobs.

  • 275 jobs created through Perris Campus Plaza project on Tippecanoe Ave.
  • 800 jobs retained in city and 200 more added with Wells Fargo/OPUS call center project on Hospitality Lane.
  • 400 jobs created at Loma Linda University AHSC billing center on Redlands Blvd.

Connect with Councilman Brinker at
www.fb.me/VOTEBRINKER
Re-Elect Councilman Tobin Brinker on November 8th!

There are three pictures, one of Council Member Brinker in clean-up mode, perhaps from the recent City-wide cleanup; a second of Loma Linda University billing center mentioned in the text, and a third with Nicholson Park, also mentioned in the text.

The flier is on-message, and focuses on the things that his challenger, John Valdivia cannot point to: experience as Third Ward Council Member. Jobs is a key issue in the race, and this flier addresses that issue simply.  City infrastructure (pothole politics) is always a local issue of interest, and Council Member Brinker touches on this issue with the “improved local parks” portion of the mailer.  Crime, or the perception of Crime is a perennial issue in San Bernardino politics.

The use of both the Facebook account (as a way to connect to voters), and the website (for more in-depth information) was a good way to tell prospective voters ways to learn more and connect with the campaign.  Contrast that to the first Jim Penman mailer and Chas Kelley’s mailer, which have a telephone number and an email address, which are more traditional ways of contacting a politician.  Both are probably effective, but it shows a different approach.

There is a definite lack of clutter on the mailer.  Part of that is,  as the incumbent, Tobin Brinker does not have to introduce himself to the Third Ward.  If the voter is new or unaware of Tobin Brinker’s background as a teacher, or how long he has lived in the Third Ward, they can get that information at the website, and to a lesser extent at the Facebook page.

More Third Ward Council Election November 8, 2011 Posts: Using Historical Data To Handicap the City of San Bernardino Third Ward City Council Election in November 2011, The San Bernardino Police Officers Association Hit Piece on Tobin Brinker, John Valdivia Sign in the City of Loma Linda, What People Are Searching For In the November 8, 2011 Election.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Address : 1255 W. Colton Ave., Suite 104
Redlands, CA 92374
Telephone: (909) 708-6055

Using Historical Data To Handicap The City of San Bernardino Seventh Ward City Council Election in November 2011 Between Wendy McCammack and Jim Mulvihill

By Michael Reiter, Attorney at Law

This is the latest installment in my series about historical election results, and what they may mean in the November 2011 San Bernardino Municipal Election.  The previous posts are about the Fifth WardThird Ward and the City Attorney’s Race.

The 7th Ward Council race is deja vu. The last time incumbent Wendy McCammack ran was four years ago, November 2007:

COUNCIL MEMBER – CITY OF SAN BERNARDINO WARD 7
Vote For 1

20 of 20 Precincts Reporting

CANDIDATE

VOTES

PERCENT

WENDY J. MCCAMMACK 1510 53.15%
JIM MULVIHILL 1057 37.21%
PAUL W. SANBORN 261 9.19%
Write-In 13 0.46%

Council Member McCammack handily beat her former, current and future opponent Jim Mulvihill.  What about four years before?  In November 2002:

CITY OF SAN BERNARDINO

Member City Council,

Ward 7

WENDY McCAMMACK                                1,310   71.47

PAUL W. SANBORN                                  514   28.04

WRITE-IN                                           9    0.49

How about four years before?  On November 2, 1999:

San Bernardino Ward 7
Vote For 1

9 of 9 Precincts Reporting

CANDIDATE

VOTES

PERCENT

PAUL W SANBORN

113

4.4%

ANN ATKINSON

505

19.9%

WENDY J MCCAMMACK

717

28.2%

JIM MULVIHILL

680

26.8%

ALBERT R MARTINEZ

103

4.0%

MANUEL (JUNIOR) MORENO

418

16.4%

That lead to a run-off between Wendy J McCammack and, you guessed it, Jim Mulvihill on March 7, 2000:

MEMBER, CITY COUNCIL-GEN
CITY OF SAN BDNO-WARD 7
#PCT: 11
#RPT: 11
%RPT: 100.0%
Vote for: 1

WENDY J MCCAMMACK

2767

56.4%

JIM MULVIHILL

2136

43.5

 

So, with Paul Sanborn sitting this one out, and Council Member Wendy McCammack taking advantage of Mayor Patrick Morris’ legal difficulties, and Professor Jim Mulvihill not adding any new ideas or tactics from his previous races, it is safe to say that Wendy McCammack will win a fourth term as 7th Ward Council Member.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Address : 1255 W. Colton Ave., Suite 104
Redlands, CA 92374
Telephone: (909) 708-6055

Spotted: A John Valdivia For San Bernardino Third Ward Council Sign in Loma Linda

By Michael Reiter, Attorney at Law

I was driving on the 10 east on my way back from a meeting at Hesperia’s City Hall with that City’s City Manager, City Attorney and City Engineer, amongst others. On the south side of the freeway, in Loma Linda, I saw a John Valdivia for Third Ward Council sign.

Often, you see a council race sign outside the ward, because sometimes major arterials that voters may traverse are technically outside the ward.  For example, the Kendall curve is split between the 5th and 7th, and E Street connecting into Kendall is almost entirely in the 7th Ward. While a portion of the Third Ward is south of the 10 Freeway, the sign I saw was on private property east of Tippecanoe, and no part of the City of San Bernardino extends that far east south of the 10.  Here is the current San Bernardino City Ward Map which shows the boundaries.

Giving John Valdivia the benefit of the doubt, the sign was posted on private property with the permission of the owner.  Here is what the Loma Linda Municipal Code says about political signs:

Loma Linda Municipal Code section 17.18.230 Political signs.

     A.      Definition. “Political sign” as used in this section, shall mean any sign, advertising structure, or display which communicates any message or idea identifying, supporting, opposing, promoting, conveying a position upon, or relating to any candidate for public office or proposition or issue connected with any local, state or national election.

B.      Placement and Installation. Political signs are permitted in any zone subject to standards set forth in this section.

1.      Prior to the placement of any political sign within the city, the candidate for public office, the proponents or opponents of ballot issues, or the various committees connected therewith shall file with the community development department an application for the posting of such signs; shall agree, in writing, to the voluntary removal of all such signs within ten calendar days from the conclusion of the election and identify a person responsible for such removal; and shall reimburse the city for all costs associated with the removal, storage and/or destruction of such signs.

2.      No political sign shall be installed or displayed sooner than sixty days preceding the election for which the permit has been issued.

3.      No political sign shall exceed eight square feet in total area, except that a double-faced sign, not exceeding eight square feet on each side, shall be permitted.

4.      No political sign shall be placed without the permission of the property owner.

5.      No political sign shall be placed or affixed to a tree, fence, post, utility pole, equipment, nor any structure by any means.

6.      No political sign shall be posted on any public property or in the public right-of-way.

7.      All political signs shall be properly maintained and kept in good repair at all times.

8.      No political sign shall be posted in violation of any other provision of this code.

9.      No political sign shall be placed so as to block line of sight for traffic at corners.

10.    The city manager or his designated representative shall have the right to remove all signs placed contrary to the provisions of this section. (Ord. 565 § 6, 1998: Ord. 370 § 1 (part), 1987)

I will not discuss the constitutional concerns that probably exist with this ordinance (and most political sign ordinances).  The problem is more a political one if the City of Loma Linda, for whatever reason, attempts to enforce the ordinance, particularly if John Valdivia is elected to the Council.

San Bernardino, too, has a political sign ordinance, but in my almost five years in San Bernardino as a Deputy City Attorney, I never saw anyone prosecuted for a violation of the political sign ordinance (but plenty of people for the other sign ordinances, particularly the ban on a-frame signs.   I never saw a political sign ordinance citation come across my desk for review, either, but I only had defendants with last names A through K, so it was possible that it occurred. I did hear a variety of anecdotes about people pulling down campaign signs, but that is a story for another time.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

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