HomeMy WebLinkAbout20-Mayor's Office
CI~ OF SAN BERNARDQO - REQUaT FOR COUNCIL ABION
From: Evl yn Wil cox. Mayor
Subject: Reconsi der Resol uti on 85~ 173.
(Acceptance of covenant from
James E. Massey).
Dept: Mayor's Offi ce
Date:Ju 1 y 9. 1985
Synopsis of Previous Council action:
Resolution 85-173. Resolution of the City of San Bernardino authorizing the
acceptance of a covenant running with the land from James E. Massey limiting
their right to convey the property described in Exhibit "A" of the covenant
as a non-conforming use. This resolution was adopted on 5/13/85.
Recommended motion:
That the applicant's request for reconsideration be set for a date and
time certain.
i,J'1 :"''WM',1
S,gnature
Contact person:
Mavor Evlvn Wilcox
Phone: 5203
Supporting data attached: _Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
-0-
Sou rce:
Finance:
Council Notes:
Anan". l+a~ M~ LJ '
.
ctw OF SAN BERNAR.g.O - REQuGlT FOR COUNCIL AalON
STAFF REPORT
See attached items:
1. June 18,1985 letter from James E. Massey Insurance Service
requesting reconsideration.
2. Copy of Council Minutes of 5/13/85.
75-0264
.
o
o MASsR
INSURANCE SERVICES
o
872 N. ARROWHEAD, SUITE 302
SAN BERNARDINO, CAUPORNIA 92401
(714) HB4.478j 0,. R..:Ju.ds "'." 824.3670
June 18, 1985
Honorable Mayor Evlyn Wilcox
and Common City Council
City of San Bernardino
300 North "0" St.
San Bernardino, CA
Re: Request for re-consideration of decision on item 1126 of May 13th Meeting
of the City Council, resolution 1185-173
Dear Mayor and Council Members:
After receiving notification of the decision of the City Council in the above matter,
we have contacted an attorney.
He has advised us to try to resolve this matter through our City Council person, Mrs.
Ester Estrada.
We have contacted and met with Mrs. Estrada and explained the problem to her. She
in turn advised us to request re-consideration from the City Council.
It is respectfully requested that we be given the opportunity to appear before the City
Council meeting scheduled for July 1 st to appeal the decision regarding the request for
removal of the sign at our place of business.
In our meeting with Mr. Schuma, his statement to us was that we could continue to
operate our Insurance business out of this office if we would agree to the covenant.
Not at any time was there any mention of the sign during our conversation, or in the
original covenant. The notice to emove the sign came as a total surprise.
the sign, it would without a doubt damage our business.
Massey
"IF YOU liKE WHAT WE'RE DOING, TELL.A: PRlBND, IF YOU DON'T liKE WHAT WB'R! DOING. Tl!LI. US/"
.
.
o
o
o
o
RES. 85-173 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE ACCEPTANCE OF A
COVENANT RUNNING WITH THE LAND FROM JAMES
E. MASSEY AND CAROL A. MASSEY LIMITING
THEIR RIGHT TO CONVEY THE PROPERTY DES-
CRIBED IN EXHIBIT "A" OF THE COVENANT AS A
NON-CONFORMING USE. (26)
A discussion ensued relative to an insurance sign on
the property described in said resolution and the zoning
of property in the area.
City Attorney Prince answered questions.
Council Member Hernandez made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 85-173 was adopted by the following
vote: Ayes: Council Members Castaneda, Reilly,
Hernandez, Quiel, Frazier, Strickler. Noes: None. Ab-
sent: Council Member Marks.
Council Member Reilly made a motion, seconded by
Council Member Hernandez and unanimously carried, to di-
rect the City Clerk not to accept the covenant running
with the land (1) until receipt from James E. and Carol A.
Massey of a written agreement to remove the sign from the
property and not to erect any other sign, and (2) until
the sign is actually removed within 45 days from date of
Council action.
COUNCIL MEMBER FRAZIER LEFT
Council Member Frazier left the Council Meeting.
READING AND WAIVING OF ORDINANCES
The City Clerk read the titles of all the ordinances
on the Agenda.
Council Member Quiel made a motion, seconded by
Council Member Hernandez and unanimously carried, that the
first and final reading of all the ordinances on the Agen-
da be waived.
ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST
AMENDING SECTION 6.08.050 OF THE SAN BER-
NARDINO MUNICIPAL CODE, RELATING TO HOGS,
SOW, GILT OR BOAR, AND REPEALING SECTION
6.08.055 OF THE SAN BERNARDINO MUNICIPAL
CODE AND ORDINANCE NOS. MC-4l6, MC-4l7 AND
MC-4l8. (29)
Council Member Hernandez made a motion, seconded by
Council Member Quiel and unanimously carried, that said
ordinance be laid over for final passage.
ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTIONS 19.22.090, 19.36.080,
19.38.080, 19.20.070 AND 19.56.390 OF THE
SAN BERNARDTIIIO M""'TI"'T'nr ...^~~ ___________
FIRST
~N BERNARDIIO - REQUE'O FOR COUNCIL ACT~
.
j
RALPH H. PRINCE
City Attorney
Subject:
COVENANT RUNNING WITH THE LAND
FROM JAMES E. MASSEY AND CAROL A.
MASSEY
oats: April 26. 1985
Synopsis of Previous Council action:
None.
Recommended motion:
Adopt resolution.
6/7~~~~
Contact person:
JOHN F. WTT.~ON
Phone:
5162
Supporting data attached:
StAff Rppnrt
Ward: 1
FUNDING REQUIREMENTS:
Amount:
n/~
Source: u.' l'
Finance:
n/o
.
Council Notes:
Agenda Item No..
.4lRo.O - REQI.QsT FOR COUNCIL A~ION
STAFF REPORT
On or about January 28, 1985, Mr. Ed Gundy of the Planning
Department identified a violation of San Bernardino Municipal
Code Section 19.12.020 occurring at 872 N. Arrowhead Avenue. On
or about the same date, Mr. William Murray of the BUilding and
Safety Department issued a notice of correction to the Massey
Insurance Company which occupies Suite 302 at that location.
Immediately after issuing the notice, Mr. William Murray was
cc.ntacted by a representative of the Massey Insurance Company who
informed him that this matter had previously been addressed by
the Planning Department and the City Attorney's Office. The case
file on the matter was pulled by the Planning Department and sent
to our office. Contained in the file was a letter from Massey
Insurance Services dated October 15, 1982, addressed to Frank
Schuma of the Planning Department with copies to the City
Attorney's Office and Mr. Ed Collins, formerly of the Planning
Department. A copy of the letter is attached.
In the letter, Mr. Massey outlines the series of events which led
to his establishing an insurance agency at this residential
location. In essence, he was misinformed regarding the zoning by
a representative of the Planning Department. He relied on this
misinformation when establishing the business.
In reviewing the matter, it was not felt that the violation was
of such a magnitude as to require Mr. Massey to undertake the
expense of moving his agency. It appears that there was good
faith reliance through prior dealings with the City. Although a
municipality is generally not bound by the mistakes of its
employees, equitable estoppel under some circumstances may be
invoked against a governmental agency. Shoban v. Board of
Trustees (1969) 276 Cal.App.2d 534, 81 Cal.Rptr. 112.
i
i
It was therefore determined that the best interests of all
parties would be served by entering into an agreement with Mr.
Massey to the effect that he will not in the future transfer the
property as a commercial use. That agreement was placed in the
form of a covenant to run with the land preventing Mr. Massey
from Conveying this property as a commercial use. Mr. Massey and
Carol Massey have executed the agreement. It is this covenant
which is presented for acceptance by the Council.
~
~~
).0264
,
I
: I
~ ~
q
i !
I
< I
~ I
I
MASQV
INSURANCE SERVICES
.
o
1I'_f' 01/0,.:
~'OJ7 ALLUlfNVlW IJlVlJ
SUNNYAf[AD. CAUfOKNIA ':!JMtJ
01/0,.: l71fJ "6-J611111 1t.1: "6.71$91
r 15, 1982
Frank Schuma
,u. D' t
planning 1rec or
Room 331 E. City Hall
300 North "D" St.
San Bernardino, CA
Dear Mr. Schuma:
We appreciate the fact that you are actively
City Attorney's Office to try to resolve our
here at 872 North Arrowhead, San Bernardino.
worKing with the
zoning problem
Just to review and state in writing how this situation came into
being, we desire to set forth the following statement.
We looKed at this property initially on April 5th of 1982. We
went directly from the property immediately to the Planning Dept.
We talKed with Mr. Ed L~ Collins, a planning t~chnician. We told
Mr. Collins that we were planning on purchasing the subject prop-
erty and moving our insurance office from Redlands into one of
the front units.
We inquired about the zoning, he looKed on the maps and showed
us that the property was zoned R-3. We then inquired as to whether
we could open our insurance office in the building. His reply was
that we could. To maKe sure, I aSKed him to looK up the ordinance.
After looKing up the ordinance, Mr. Collins assured us that we
could operate an insurance office in an R-3 or R-l Zone. Upon
inquiry Mr. Collins stated that we did not need a business license
in order to operate andlinsurance agency in San Bernardino City
or County.
I then aSKed if we could hav.e a sign on the building and what would
the size requirements be etc. He looKed up the code on signs and
told us that we could have a sign not more than twelve square feet,
and that it must not extend from the building more than one foot,
and that it could not be lighted. When we put up the sign, we
conformed to these specifications.
I then aSKed Mr. Collins if there would be any other requirements.
He assured us that there would be no other ordinance with which we
were to comply. We explained that we were depending on his informativll
. ,
"II' YOU UKI! ......JUT "E'RE DOIHG. 7l!U. d PRJpNFl fa vnlJ ....^..._
-I.'
=-1
.
o
o.
i,
o
d ,00' d be oo~" U i ng oM ,0100' to pu,oh.,e the p,op"",. we
.~,o ,teted thet ,e ,ould be ,pend'ng e ."et deel of time end
~nne, to affeot the mooe of ou' ageno,. .,. collin' a"u,ed u,
age,n that the,e .0' no p,oblem .ith ou' plan" We thanKed h,m
for the information and left.
While .e ,eal"e that mi"nfo,..t'On .0' not g'oen to u, del'be'-
atel'. ,t .0' found late' thst .e .e,e inoO"eotl' info,oed. MO..
eoe'. ""ed on Mr. collin' info,..tion and ,el,'ng on the aoou'oo,
of h" ,tatements. .e ente,ed intn eso'o. to pu,oba,e the p,ope,t,.
.r. .irK eo'oted the tenant' in suite '02. we remodeled tbat unit
and mooed our 'n,u,anoe off,oe ,n on ,une 14. "a2: We ,pent 0
g,eat deal of time and mone, to remodel. We alsO ,pent a greot
deel of mone, to have ne. ,tat'One,' printed and ,end out annnunoe-
ment' of ou' move to nu' mo,e then '00 cu,tnmer" We al'o .ere
requi,ed to pa' ou' previou, 'andlord one month' rent of ."a.OO
to break our lease.
We ordered e sign from Re, Heem,tre S'gn' in Red'and'. we a,Ked
him to be ,ure tn get a permit to ..Ke ab,olutel' certain that
.e .ere 'n compliance .,th the "gn ord'nance. '.r. Heem,t,a ignored
., ,eque,t and ..de and 'n,talled the "go. When 1 di,oooered
that he had nnt gotten a perm't. 1 'n",ted that he taKe out e
pe,.,t. When he appl'ed for the perm't ,t .a' denied. He d'd ho.-
ever. con,truot the "gn 'n acenrdanoe .'th tbe ,peoif,catiOn,
that I had gotten from Mr. Collins.
On septembe, 10. 1982 .e received e ,eUe' frem .argo .. Win'"''''
of the plann'ng depa,tment. She 'nformed u' tbet .e .e,e 'n oi"-
lat'on of ,ect'nn ".,2.020 nf the san Be,nardino .un,cipal Cnde.
In eddition. .e .e,e 'n v'oletiOn of the ,ign nrdinanoe ".'0 0-
the San Bernardino Municipal code.
wo ,emed'etel' .ent to the Planning Dept. and ta'Ked to .,. Coll'n"
Rge'n be lnoKed up the oode. We hed a b,'of d"OU,,'on .ith ,..
coll'n' end then .e bnth .ent in and talKed tn ,nu ehnut the "t-
uation.
We .ent to e"u,e ,ou aga'n thet .e had eve" intention to compl'
.'th tbe Code 'n eoe" ,e,pect. Thet " the ve" ,ea,on .e came to
the plenn,ng Dept. even befo,e .e ente,ed 'ntO e'o'o. to pu,cheso
the p,ope,t,. We felt that .e hed put ou"elves intO oontact w'th
the p,ope' eutho' it,. We had no othe' source of ,nfo,.."on.
..... . _ H~.- ...,...~ :'.
.
o
o
.
o
...;chUIlI.:J
~ . ocl01
PII....
,I~i r. 1982
J :.>,
..-'
J
we are now in an unfortunate situation. We respectfully request
that you please give us every consideration in resolving the pro-
blem- We will gladly work with your office in any way possible tv
be in compliance. We have had no conlplaints from anyone other
than the Planning Dept. regarding a violation of zoning.
We have spent a great deal of money and lost alot of business
during the move. Our finances are stretched to the limit. We
do not have a contingency in the escrow that would premit us
to cancel. We pray every day that we won't be forced to move.
I'm sure another move would bankrupt us. We would wind up losing
our business and our property.
Please advise us of any progress you are able to make. We need
to know what is expected of us as soon as possible so that we
can take whatever action is necessary.
Respectfully,
I
Massey
/J;J6-~/
a ;~1.fJ., ~.
i
/
JEM/cp
c.c. City Attorney
c.c. Ed Collins
.
o
o
e':
~ ..#" ~~.. ~ .....~
, " ~'"~:''' . \.
. ...:....1 ,'w .
". ,,"- . '.r
,..:.....;.. .
1
-r'\;:"
.~~~ ~-."
..... ,'~
"
'..~
.-
surance Services
. In d
"d J>,rrowhea
; ~'rnardino, CA 92401
n Be~
$/J
(714) 884-4785
Three page letter dated october 15, 1982 from Massey Insurance
services to: Frank Schuma, Planning Director, Room 331, E. city
Hall, 300 North "0" st., San Bernardino, CA 92418
Accepted by': ~~,~
Date: {/j.;z;;:fu-.
IS- /9,5 ~
.
Copy of three page letter dated October 15, 1982 addressed to
Frank Schuman, delivered copy to Edd L. Collins, Planning
Technician, Room 301 G City Hall, 300 North "D" st., San Ber-
nardino, CA 92418.
Accepted by: D~ ~.
Date: {!;J;;t(J~ I~-;rrl' ~
Massey Insurance Services
872 N. Arrowhead
San Bernardino, CA 92401
884-4785
'~~~~~iL #
Copy of three page letter addressed to Frank Schuma, Planning
D~rector. Delivered to Mr. Ralph Prince, city Atto~ney, 6th Floor
300 North "D" St. San Bernardino, CA 92418. Letter dated October
1:;, 1982.
'Y11,tyft-t
~assey lnsur ce serv~s 872
Siln Bernardino, Ca 92401
111
{ . Date:
~
N.' rrowhead
jo-/s-9:Y
:.,ccepted by:
884-4785
."'~ ':'T-. 'r..~
~'"
." :..... ,. " .
.,;. -:-;..' ;'--..",.
. .j~*~~>% .-
: . ;.,....)1'; ...~, 'f' ,
t~iL::>?t: >:
t: .:. ~t .~,:".' ". ,:
I'" .' :.'~' ~, i:~t:'
"~~:~'.k~ i :\~:. ," · ".:.".'.
" ......... ,,:": '.' --
\. ',..t..' t'..
~. . -"
. I.~.. ,~-:!~~:-...
. ~~:':.:.:~~~:t,. ...\ : ~..
~'"J:'':''''' .:'. ..~,)
!?t:~.;~, ;:;', ,-
1~: "~.,.~.'I,.
~:fi5;.~.~~~ ~':..
I,,",~>~:y, '~.... .
~.~....
~-~!;:~:._~ .~.
.~.l :. '::-, .' .
t':-::: .:,:+
..:.~ ..~~
.t.....'I"~
~!~..:/\
.. . .
.,,",-,.-;;. .,....:...'-:.
;J..i-', ,~_:,-:,'/'f"
.~.. "..
,:1~'~o'0;:.~"
'~f>' .
~ Io).i..... -,
;~~).:::~ .
,. '. "
,'J.>
'.'-
t.t
',.
"h..
:~i.~' .
.,'.
.,
!~.
.,':
~~;:;tt~ .
, ~"'t'
_4'.,.
.!'\
..~,
'I:. .,.}.:":
.~..' ,','
"'... ....:'.;..~.
...;.
~:.:
. .,.~,
."'oi"
~.
"'.
-.
:.. .?-:
...--'
:. .~
.'.
<~~:~.
. ..",
,
~'-. .
'.'. ~
,
.:.....
.,
,..- '.
WI"
o
o
.o.~.
.....
;'
CORRECTION NOllCE
DEPARlMENl OF BUILDING AND SAFElY
CITY OF SAN BERNARDINO
ROOMJ3"CITV "A~~ . JOON "0" stR~lt . p..ON( 38J'~"
'0 0.... J\~ A .~ s ~'i._L~. ~ ~',~~ ~ ~_C:_...
"~,,:,,,.:.,f71 N' All eC{uH-€,JP n."J("l
....... c,.n. .'.... ...',.;\ c;.. -....A' '....0' M' ,.......'c"oo;
j., C....,'~..'~ .,-.,..{" &\J.5JNE.,sS _....-
t...{ (, "'. t:';; I J) c. f 11 t J' L -z..c (..1'::'
,Irr
!' E ,~., ...) ;1 P f ~ l:Y iA. (. (',.c c;l ":\==
171-11 ,,,,tv L ""I ~ 'Din ~ '6 'I1/JS:-(8~
_ c R- e ~ cC; E:. B ~ S l tJ .E.SS.. -
__" PLI1I1A111v~'- 3f c-5"o-51
-Tlf;'OR
MAKE COR
030 A.M. AND 8:30 A.M.
~L FOR RE1NSPECTION
.....
..'f',,_; .
'.
-'
'.
d,~) ':j~~':>::~~.'I,jr:'~~~";;
. . ~ :.:~.~-,~.~ ,.-;.
~ ~.:.
......;.
,..,'
:.,..-
'.." :.,~
.'l~"~" ~
\.
". ; ~~. '
. ..
',.
"
_ . cr.:','"
, J."
.""',,' ...
'_-r:~, .
'(~!./t:".
.;.
.....
..
....~. .
...... .J
'."
~":(.-,
~~~~-.:::-:.'.: '
" i!.
.:,....
.. .' Y. . ~ ~
.;'" . . .......:...,..~.$-'i,t~-.
<~,.~~t'..~.~'''' . ~
:...... ......~:..
'~: .'.
\'"
"
... ,'.-
.. :(0.
...
:~';;~-,: ;:
...~-.;,i.
.' .
.1 ~.'.
..... .(
::.r:
,;.....
:,':
,. 1;;....-
.' .
...'
.....:
"
".
-~: .
.'
~'"
.,C"
X.
".. -'. ~:.
~ ~... ;;...
-,~ s "',
, ~-;
'..'
"..,;:.'
,'.i';'
, ........ )..,.~...
'.
,~
..w.
.,.:.....
".. .,.",
.
......:..
~:, :~....
o! ,,'
..
."..;
".,
<
..
'. ':;'~~ :'~;:"~ .;'~.'
....,. ,.--;.-.
"
..!..:.:: ?~~~: .~'. :.::-' ~:~;~"~'"
,.r'."._.. . .,_
e : . 1~.' '.0;.
."
..-:
";."i-'
....:.
"
.....
.~ "
~ '~?it ';"r -.
:-..
. '
"
.'
..
"
"
\.:..~<
:~
....,
.i-
.~ r,.'
'..~..) -.:'
"',!~I:':" ..
.' .
'..' ..',-'
'. . .~. ;'::.
"
., .J;
. .
~l~;r..
.......
~...
.,
'.. .....
i'
'..:"~ .; :.;.~
.'
.~ .'
: c-
- .'
:"
,~ .'.
"
-':,.
.~~-
:-
." ..
~.. .~
"
. "
'>'1:l
.,"-
'..,...
....
,'-'
'~<n:\
"
.?~ ~f;.; .[i./:..
..... ;'.::'.........
..: ,.r:.... .;../~";~~~~...'~
. ,
';",.'
"
: ~ ' .':
',.;
- ~ .~...
;'-'
,.' ..
.~. ."~';
. "
.7,
",,"t,' ,'.
.. ,;-
,
o
o
o
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
: ACCEPTANCE OF A COVENANT RUNNING WITH THE LAND FROM JAMES E.
MASSEY AND CAROL A. MASSEY LIMITING THEIR RIGHT TO CONVEY THI
PROPERTY DESCRIBED IN EXHIBIT -A- OF THE COVENANT AS A NON-
4 CONFORMING USE.
5 BE IT RESO~VED BY THE MAYOR AND COMMON COUNCIL OF THE C
OF SAN BERNARDINO AS FOLLOWS:
6
7
8
9
10
II
12
13
14
15
16
SECTION 1. The City Clerk of the City of San Bernardin
hereby authorized and directed to accept on behalf of said C
Covenant Running with the Land from James E. Massey and Care
Massey: said Covenant prohibits the property located at 872
Arrowhead Avenue, in the City of San Bernardino, from being
conveyed for any purpose other than use as a multifamily
residence. A copy of the Covenant Running with the Land is
attached hereto as Exhibit -1- and incorporated herein by
reference as though fully set forth at length.
SECTION 2. The City consents to recordation thereof t
duly authorized officer.
17
I HEREBY CERTIFY that the foregoing resolution was du:
adop~d by the Mayor and Common Council of the City of San
meeting thereof, held on
, 1985, by the following v
18
19 I
I Bernardino at a
20 I
, day of
II
21
'I wit:
22 ~ :
AYES: Council Members
23
I
ij
24 I!
I
25 I:
:.
~6
I'
27 I
28
NAYS:
ABSENT:
CITY CLER