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Home My WebLink About14-Public Works ~ ! C I T Y 0 f' San Bernardino PUBLIC WORKS DEPARTMENT R 0 G ERG, H A R 0 G R A V E DIRECTOR OF PUBLIC WORKS/CITY ENGINEER September 16, 1988 File No.: TR 11118 Donald & Marvice D. Woodson 3760 Meryers Road San Bernardino, CA 92407 Re: Encroachment Into Public Right-of-Way Dear Homeowner: At the regular meeting of the Mayor and Common Council on August 15, 1988, the Mayor and Common Council took action that directly affects your property and improvements. Acting on a complaint, staff was directed to investigate a report of encroachments into the public right-of-way and/or construc- tion of improvements without permits. ,This action was number 63 on the regular agenda for the referenced meeting and two motions were offered by staff for consideration. Motion one was to determine that the encroachments were in violation of City Codes and to order the removal. Motion two was to consider, on an individual basis, the encroachments and to perhaps allow license agree- ments for some of the encroachments. The text of the staff report is available from the City Clerk's office. There was an opportunity for public input but no special notification was required to be made on this matter. It was published in the regular agenda and made available to the public but no letters were sent to the affected property owners. The from all was the action of the Mayor and Common Council, after hearing some of the area residents was to order the removal of encroachments into the public right-of-way. This office directed to determine the encroachments and notify you, property owner. Attached is a copy of the survey notes taken by City Survey Crews and showing the curb line, the property line and all encroachments into the right-of-way. Generally, anything between the curb and the property line is an encroachment and 300 NORTH D STREET, SAN BERNARDINO CALIFORNIA 92418'0001 714/3'4.1111 ?RICE .I .,...: ....'""'OG'""'-S,... ~;fr ; LJ ". Encroachment Into Public Right-of-Way September 16, 1988 File No.: TR 11118 Page 2 must be removed. This includes walls, fences, walkways, trash enclosures, retaining walls, ends of fences along your side yards and large decorative objects. This letter shall serve as your official notice to remove such encroachments. You will have 45 days from your receipt of this letter to make the necessary removals or the City forces will take action to accomplish the removal and recover costs from you. We understand your concern over this matter and realize that you may have questions. Staff can and will discuss this with you if you contact our office. However, the Council Action has already been taken and staff cannot alter that action or modify the conditions established. Only a reconsideration by the Mayor and/or Council Members can alter the action already taken. Should you have questions, please contact us at 384- 5125. Cordially, ROGER G. HARDGRAVE Director of Public Works/City Engineer ~L~~~ GENE R. KLATT Assistant City Engineer cc: Mayor Wilcox Councilman Minor Robbins, Administration 4 7"-,''9' } The Mayor and Common Council discussed that the ordinance covered under S-4 on the Agenda takes the place of the ordinances covered under Items 52, 53 and 54. City Attorney Penman answered questions regarding the adoption of codes by reference. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that said ordinance be laid over for final reading. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTION 8.36.0'30' SUBSECTION (A) OF THE SAN BERNARDINO MUNICIPAL CODE TO REMOVE THE EXEMPTION FROM ABATEMENT OF VEHICLES STORED BEHIND A FENCE OR WALL. (55) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that said ordinance be laid over for final reading. MEADOWBROOK AMATEUR BOXING ACADEMY - FUNDING _ CONTINUED FROM JULY 18, 1988 In a memorandum dated July 6, 1988, Annie Ramos, Director of Parks, Recreation and Community Services, spoke regarding the costs involved in the operation of the Meadowbrook Amateur Boxing Academy, and its need for financial assistance. (56) John Kirwan, Director of Risk Management, answered questions. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that $1,0'0'0' from the Special Projects Account Non-Departmental, be appropriated to support the Meadow- brook Amateur Boxing Academy. FENCE ENCROACHMENT - MEYERS COURT, TRACT 11118 - BILL NILSSON In a memorandum dated August 8, 1988, Roger Hard- grave, City Engineer, provided a history of Tract 11118 regarding orig inal conditions of approval and easements. , He descr ibed a neighborhood dispute regarding the encroachment of fences into the pUblic right-of-way along Meyers Road and Meyers Court in the Verdemont area. (63 ) 1 ~ 33 8/15/88 \ It is staff's recommendation that the encroachments be allowed to remain, subject to entering into a License Agreement with the City, for which an administrative fee is normally charged. In a letter dated July 27, 1988, Attorney Andrew J. Gunn, representing Bill Nilsson of Meyers Court, provided a statement by Mr. Nilsson, describing the fence encroachment problem, and requested that the City advise him of any further information. In a letter received July 29, 1988, Bill Nilsson, 7035 Meyers Court, requested that the problem surrounding the fence encroachment be placed on the Council Agenda. Roger Hardgrave, City Engineer, answered questions, sta ting tha t the fences invol ved in the compla int were built approximately two to three years ago. Bill Nilsson, 7035 Meyers Court, provided pictures of the fence owned by his neighbor, Lee Palmer, and described its detrimental effect on the neighborhood. Roger Hardgrave, Ci ty Eng ineer, answered questions regarding sidewalks not having been required in this rural area. Bill Nilsson stated that he has taken the matter to court to get the bridle path open and access to his back- yard from the path. City Engineer Hardgrave stated that there are approximately twelve pieces of property with fences with- in twelve feet of the curb. H. Lee Palmer, 7005 Meyers Court, stated that the problem has arisen out of Mr. Nilsson's desire to drive his motorized equipment on the bridle path. When the matter went to court, the judge told Mr. Nilsson that he could not drive his motorized equipment on the bridle pa th . Mr. Palmer stated that he was the last neighborhood resident to install a fence. He was told by the developer of the tract, Western Development Corporation, that the fences installed on the model homes were legal and that he built his fence accordingly. He requested that the encroachment be allowed, subject to a license agreement with the City and the payment of administrative fees. 34 8/15/88 . . '41" City Attorney Penman answered questions. Mr. Nilsson stated that he is still in litigation to get access to the back of his property. Robert White, 3739 Meyers Road, spoke regarding access in the neighborhood, and requested the encroach- ment be allowed. City Attorney Penman answered questions regarding the City's liability due to lack of visibility caused by the encroachments. Discussion ensued regarding having an assessment district to provide sidewalks in the neighborhood. Herve Benitas, 1265 Kendall, spoke against the fences as they block visibility when driving and there are a lot of children in the area. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the encroachment of private facilities within the street easements in Tract No. 11118 are violations of City Codes and standards, and that the Director of Public Works/Eng ineer ing be directed to noti fy property owners to remove said encroachments. H. Lee Palmer stated for the record that he objects to the outcome of the matter. AYSO PARK - PACIFIC AND ORANGE STREETS _ REQUEST FOR FINANCIAL SUPPORT AND MAINTENANCE _ ROGER ITAYA, REGIONAL COMMISSIONER, AYSO In a memorandum dated August 2, 1988, Roger Itaya, Regional Commissioner for the AYSO, American Youth Soccer Organization, requested ballfield maintenance and finan- cial support to alleviate the costs of maintaining the soccer fields located at 3228 E. Pacific Avenue, San Bernardino. (64) Roger Itaya, Regional Commissioner of AYSO, answered questions regarding the care of the soccer fields. Annie Ramos, Director of Parks, Recreation and Com- munity Services, answered questions, stating that the department is unable to continue maintaining the fields due to lack of manpower because the amount of City pro- perty requiring maintenance has significantly increased. 35 8/15/88