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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~"~" ~ \. 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" '>'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