Council gets angry
The question of whether City Hall should relax current restrictions on new convenience or discount stores prompted a few bitter words Tuesday night as council members argued over whether some kinds of businesses should be allowed to set up shop in San Bernardino.
Councilmen Tobin Brinker and Chas Kelley were unsuccessful in their attempt to ease restrictions against convenience and overstock stores. Those types of businesses are two of 12 classes of businesses that are banned or restricted under a current moratorium. The theory behind the moratorium is the idea that some stores attract shady customers who cause problems.
Brinker and Kelley wanted new laws to allow the council to OK convenience and discount stores on a case-by-case basis.
But the two could not muster their colleagues' support to change the law Tuesday night. The four other council members present - Esther Estrada, Dennis Baxter, Rikke Van Johnson and Wendy McCammack - voted to send the issue back to the council's legislative committee for more work.
During Tuesday's debate, Brinker maintained that forbidding convenience stores stifles commerce.
"This is the kind of anti-business attitude that makes it hard to bring people to this city," Brinker said.
But the City Attorney's Office refused to sign off on the proposal, asserting that such case-by-case decision making would be so lacking in clear and equally enforceable standards as to be unconstitutional.
"We feel the proposed ordinance lacks objective standards and is therefore vague and ambiguous," said Henry Empeno of the City Attorney's Office.
Brinker and Kelley were unwilling to accept that argument. The proposal to ease the moratorium has been on the table since last year and in their opinion, the legal team's objections came too late in the game to be reasonable.
"It's very unprofessional and I'm shocked," Brinker said to Empeno.
As the meeting went on, McCammack and Kelley accused each other of acting like children.
McCammack also charged that Brinker and Kelley were attempting to pass "a joke of an ordinance ... to get in the good graces of certain developers."
The council voted to send the issue back to committee after Mayor Pat Morris implored those on the dais to refrain from personal attacks.
Whether the proposal dies a bureaucratic death in committee or returns to the dais remains to be seen.
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Andrew Edwards. E-mail Andrew here.
Brinker and Kelley are right.
Forget the legal advice , just lobby for what ever deal THEY made with or for some company.
Mr. Brinker looked surpised, it didn't get approved, or was he just plain let down. Did he think he had the votes already? Mr. Kelley , " a dollar store",,really now! I bet your people would love to have one in their neighborhoods, maybe many neighborhoods.
It seemed like the both of them were going to "BULLDOG" this thru.
Typical: make a rule, then change it to fit your needs or deals later!
Wow, that is the way liberals work. I thought these guys were republicans!
This city does not need more of the banned businesses. Quality not quantity people! And just because Southland Corp. (7-11) wants to put stores in the Verdemont area it isn't a reason to change this moratorium that is PROTECTING our city.
Brinker acts like the moratorium is hurting it......just because the owner of the old Toys R Us building is whining about the building being empty.....that's what happens when you speculate in property - sometimes it's empty.
The mass exodus of businesses should get this City Council to start thinking about how to reinvent this city. And more smoke shops and convenience stores aren't it....but you aren't going to bring business in if you can't keep the pot holes filled, the graffiti abated, and lights on. We need the car loads of "homies" to stop blaring their radios, we need the empty lots free of dumped crap.......we need the municipal codes enforced. Stop WASTING our tax dollars on Operation Phoenix!
Brinker is one clueless guy. A real heel.
And Kelley ... I wonder what his IQ is? Makes GW Bush look like a genius.