San Bernardino Franchise Hearing Rules - City Law
In San Bernardino, California, franchise agreements that grant use of city rights-of-way or exclusive privileges typically require a public hearing before the City Council and formal noticing by the City Clerk. This article explains where to find official notices and agendas, how hearings are scheduled and run, who enforces post-adoption requirements, and what residents and businesses should do to comment, appeal, or request records. It summarizes the procedural steps used by the city for ordinance adoption or franchise approvals and points to official sources for text of ordinances, council agendas and clerk contacts so you can verify requirements and deadlines before a hearing.
Penalties & Enforcement
San Bernardino enforces franchise agreements and related ordinance conditions through the City Council, City Attorney and department staff assigned to the franchise (for example Public Works or Utilities). Specific monetary fines, daily penalties or administrative fines for violations of a franchise agreement or its implementing ordinance are not specified on the cited city code page; check the ordinance text or council resolution for any agreement-specific penalties.[1]
- Fine amounts: not specified on the cited municipal code page; franchise ordinances or council resolutions may list amounts or remedies in the adopted agreement.[1]
- Escalation: the code does not list uniform first/repeat/continuing ranges for franchise breaches; enforcement often begins with notices or cure periods, then administrative or civil action if unresolved (not specified on the cited page).[1]
- Non-monetary sanctions: common remedies include corrective orders, revocation procedures, injunctive relief or contract termination; the implementing franchise ordinance or agreement governs available remedies.
- Enforcer and complaints: initial complaints and notice filings are handled by the City Clerk and the department identified in the franchise (for example Public Works); contact the City Clerk for agenda and hearing notices.[3]
- Appeals and review: appeal routes vary by instrument — administrative appeal to the City Council, writ in superior court, or contract dispute per the agreement; specific time limits for appeal are not listed on the cited city code page and should be confirmed in the ordinance or resolution adopting the franchise.[1]
Applications & Forms
Franchise agreements are typically initiated by a proposed ordinance or a council resolution authorizing execution of a contract. The City Clerk publishes the hearing notice and agenda packet; the municipal code online provides ordinances and enabling language but does not list a standard universal franchise application form on the cited pages. To submit an application or request franchise documents, contact the City Clerk or the department shown on the agenda notice.[2][3]
- Forms: no single standardized franchise application form is published on the cited municipal pages; individual franchise processes may use department-specific forms or council directives (not specified on the cited page).[1]
- Deadlines: public hearing notices list comment and submission deadlines in the agenda packet; confirm dates on the posted agenda.[2]
- Submission: written materials are filed with the City Clerk as stated on the agenda notice; remote or emailed comments follow clerk instructions on the agenda packet.[2]
Action Steps
- Find the council agenda and staff report for the franchise item and note the hearing date and comment deadline.[2]
- Submit written comments or exhibits to the City Clerk per the agenda instructions; request placement on the record if appearing orally.
- Attend the public hearing or watch a live webcast if offered; ask for specific findings and conditions you want included if the council approves.
- If you need to report a post-adoption violation, contact the enforcing department listed in the ordinance or the City Clerk for referral.[3]
FAQ
- What is a franchise agreement?
- A franchise agreement is a contract or ordinance that grants a company certain rights to use city property or provide exclusive services within the city.
- How do I find the hearing notice and packet?
- Check the City Council agenda calendar and the City Clerk’s posted agenda packet for the specific meeting date and staff report.[2]
- Are fines and penalties listed in the municipal code?
- Not uniformly; fines or contract remedies are usually set in the specific ordinance or council resolution adopting the franchise and may not appear in the general municipal code page cited here.[1]
How-To
- Locate the agenda packet for the council meeting that lists the franchise item and read the staff report and ordinance text.[2]
- Prepare written comments and any evidence, and submit them to the City Clerk by the deadline stated in the agenda packet.[3]
- Attend the hearing, present your comments if allowed, and request specific conditions or findings before council action.
- If a post-approval violation occurs, follow the enforcement/contact path in the ordinance or call the City Clerk to be directed to the enforcing department.[3]
Key Takeaways
- Public hearings for franchises are posted in council agendas; review the packet early.
- Specific penalties and forms are usually in the adopted ordinance or staff report, not always in a single code section.[1]
Help and Support / Resources
- City of San Bernardino municipal code and ordinances
- San Bernardino City Council agendas and calendar
- City Clerk - notices, contact and agenda packet information