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HomeMy WebLinkAboutS2- Mayor's Office 0 p C I T Y OF S A N B E R N A R D I N O INTEROFFICE MEMORANDUM TO: Thelma Press, Executive Director, Cultural & International Affairs FROM: Henry Empeno Jr. , Deputy City Attorney DATE : April 16, 1993 RE: .PROPOSED ORDINANCE ADDING CHAPTER 2 .29 TO CREATE A HISTORICAL PRESERVATION COMMISSION APRIL 19, 1993 COUNCIL MEETING, SUPPLEMENTAL AGENDA Attached please find the above-referenced proposed ordinance which we received on April 15, 1993. We return the proposed ordinance without the City Attorney' s signature of approval as to form and legal content because of the following legal issues which need to be resolved. Currently in effect is MC 850 which was adopted by the Council on September 8, 1992, and which completely revised Chapter 15.37 of the San Bernardino Municipal Code, the Historic Building Demolition Ordinance. Section 15. 37 .030 describes the duties of the Historic Preservation Task Force (Task Force) and Section 15. 37 . 060(3) states the role of the Task Force in the City' s review process of applications for a Demolition Permit. This proposed new Ordinance, in the accompanying staff report, recommends replacing the Historic Preservation Committee [sic, presumably the Task Force] with a new Historic Preservation Commission but it fails to amend Chapter 15. 37 to reflect this change. The proposed new Section 2 .25. 020(c) is ambiguous and is in conflict with the current Section 15. 37 .060 regarding the review process for demolition permits . The Historic Preservation Commission' s role and authority in the quasi-judicial review process for demolition permits is not adequately specific. Also, this proposed new Section 2 .25 . 020(c) adds new authority for the review of applications for building permits for historical buildings (apparently for modifications short of demolition) . Amendments to the City' s ordinances providing for quasi-judicial review of applications for demolition of and building permits for historical structures are subject to CEQA review. HEMLETPress.Nem3 0 a Thelma Press Re: Proposed Ordinance Adding Chapter 2 . 29 Page 2 The proposed Ordinance should also reference the Historical and Archaeological Resources Element of the City' s General Plan. The proposed Ordinance should be analyzed for consistency with the Goals, Objectives, Policies and Implementation Programs stated in this section of the General Plan. The last sentence of Section 2 . 29.040 Conflict of Interest, in the proposed ordinance at page 3, lines 27-28, and page 4, lines 5-8, does not make sense and needs to be rewritten. Please contact me if I can be of an further assistance ' y in this matter. HENRY EMPENO, JR. , Deputy City Attorney cc: W.R. Holcomb, Mayor - Councilmembers James F. Penman, City Attorney Shauna Clark, City Administrator Al Boughey, Director of Planning & Bldg. Services HEALETPress.Meml w, AGENDA ITEM TRANSXITTAL SHEET Meeting Date April 19 , 1993 Regular Supplemental X Department Mayor ' s Office TITLE OF RESOLUTION/ORDINANCE ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2 .29 TO THE SAN BERNARDINO MUNICIPAL CODE TO CREATE A HISTORICAL PRESERVATION COMMISSION. SIMILAR RESOLUTION/ORDINANCE ADOPTED 7-16-91 NO. MC-801 . SUBMITTED TO CITY ADMINISTRATOR 4-14-93 From Thelma Press for W. R "Bob" Holcomh, Mayor , - �a1S 1617)g/9 pe��993 o N �TTE BY CITY ADMINISTRATOR TO CITY ATTORNEY Co RofF�y�� EY P /l ( 7a r� ti Received By ��".r,� h ti s6�� RETURNED BY CITY ATTORNEY TO DEPARTMENT FOR CHANGES 1st Time Date Received By 2nd Time Date Received By RESUBMITTED BY DEPARTMENT TO CITY ATTORNEY WITH CHANGES 1st Time Date Received By 2nd Time Date Received By SUBMITTED BY CITY ATTORNEY TO CITY ADMINISTRATOR FOR PLACEMENT ON AGENDA _ Date Received By CITY" OF SAN BERNARI"wo - REQUEST FOR "OUNCIL ACTION From: W. R. "Bob" Holcomb, Mayor Subject: ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2 .29 TO THE SAN Dept: Mayor' s Office SAN BERNARDINO MUNICIPAL CODE TO CREATE A HISTORICAL PRESERVATION COMMISSION. Date: April 14 , 1993 Synopsis of Previous Council action: NONE Recommended motion: THAT FURTHER READING OF THE ORDINANCE BE WAIVED AND THAT SAID ORDINANCE BE LAID OVER FOR FINAL ADOPTION. r L Signature Contact person: W. R. "Bob" Holcomb, Mayor Phone: ext. 5133 Supporting data attached: YES Ward: All FUNDING REQUIREMENTS: Amount: -� Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75 0292 Agenda Item No. CITY OF SAN BERNARD040 - REQUEST FOR rOUNCIL ACTION STAFF REPORT The Historic Preservation Commission is recommended to replace the Historic Preservation Committee, which served as an interim committee. This commission will work in close cooperation with the Planning and Building Services Department, to safeguard the City of San Bernardino's destruction of buildings which are considered historical by the City, and those buildings designated by the State of California as a point of interest or landmark. This commission will review and evaluate, in conjunction with the Planning and Building Services Department, any requests for demolition of buildings and/or permits for buildings which according to the City's historical survey qualify as historical. The commission will also make recommendations to be reviewed by the Mayor and Common Council with regard to any historical items removed from buildings, either owned by the City or privately, for future use wherever possible. 75-0264 © O 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2 .29 TO THE SAN BERNARDINO MUNICIPAL CODE TO CREATE A 3 HISTORICAL PRESERVATION COMMISSION, ESTABLISHING THIS COMMISSION WITH OPERATING PROCEDURES IN CONFORMANCE WITH ALL 4 OTHER CITY COMMISSIONS. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 6 SECTION 1. Chapter 2 . 29 is hereby added to the San 7 Bernardino Municipal Code to read as follows: 8 "Chapter 2 .29 9 HISTORICAL PRESERVATION COMMISSION 10 2. 29 .010 Members - Appointments. 11 The Historical Preservation Commission of the City shall 12 consist of nine (9) members who shall serve at the pleasure of 13 the Mayor and Common Council and one non-voting Ex-Officio 14 Member who shall be a member of the Mayor's Staff. Each 15 Councilmember shall nominate one (1) member who shall serve 16 during and for the term of the nominating councilmember. The 17 Mayor shall nominate two (2) members who shall serve during 18 and for the term of the Mayor. The Mayor shall also appoint 19 two (2) alternate members. The terms shall commence and 20 terminate at the same time as, and shall coincide with, the 21 term of the nominating Councilmember or Mayor, provided that 22 when a vacancy shall occur in the office of a Councilmember or 23 the Mayor, the applicable term of the member of the Commission shall continue until a successor has been nominated by the 24 Councilmember or Mayor elected or appointed to fill such a 25 vacancy and appointed by the Mayor. Each member of the 26 27 Commission, after having been nominated, shall be appointed 28 . 1 © 4 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2 . 29 TO 2 THE SAN BERNARDINO MUNICIPAL CODE TO CREATE A HISTORICAL PRESERVATION COMMISSION, ESTABLISHING THIS COMMISSION WITH 3 OPERATING PROCEDURES IN CONFORMANCE WITH ALL OTHER CITY COMMISSIONS. 4 5 by the Mayor, subject to the approval of the Common Council. 6 Each member shall be and remain a local elector,a city 7 resident and each member nominated by a Councilmember shall be 8 and remain a resident of the ward of such Councilmember during 9 the period of his or her appointment. Subsequent vacancies 10 shall be filled and appointments shall be made in the manner 11 hereinafter set forth. Each member shall serve without 12 compensation. The alternate members may attend each meeting 13 of the Commission and may participate in all discussions, but 14 may only vote in the absence of one of the nine regular 15 Commission members. Nomination and appointment of a successor 16 member at any time shall terminate the appointment of any 17 member without need for a formal removal action. Members 18 shall be appointed on the basis of demonstrated knowledge and 19 experience in historic preservation and the history of the 20 City of San Bernardino. 21 2 . 25 . 020 Duties. 22 The Historic Preservation Commission shall : 23 A. Make recommendation to the Mayor and Common Council 24 concerning the development and historical preservation in the city of San Bernardino. 25 26 B. Work in close cooperation with the Planning and 27 Building Services Department, to safeguard the City of San 28 Bernardino ' s destruction of buildings, which are considered -2- 4 1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2 . 29 TO 2 THE SAN BERNARDINO MUNICIPAL CODE TO CREATE A HISTORICAL PRESERVATION COMMISSION, ESTABLISHING THIS COMMISSION WITH 3 OPERATING PROCEDURES IN CONFORMANCE WITH ALL OTHER CITY COMMISSIONS. 4 5 historical by the City, and those buildings designated by the 6 State of California, as a point of interest or landmark. 7 C. Review and evaluate, in conjunction with the 8 Planning and Building Services Department any requests for 9 demolition of buildings and/or permits for buildings, which 10 according to the City's historical survey, qualify as 11 historical. 12 D. Make recommendations to be reviewed by the Mayor and 13 Common Council with regard to any historical items removed 14 from buildings, either owned by the city or privately, for 15 future use wherever possible. 16 2 .29. 030 Chairman - Meetings - Absences. 17 The Historic Preservation Commission shall be organized 18 and shall function pursuant to the provisions of section 19 2 . 17 . 060 and Section 2 . 17 . 070 of the San Bernardino Municipal Code. 20 21 2 . 29 . 040 Conflict of Interest. 22 The Mayor and Common Council declare that the individuals 23 appointed to the Historical Preservation Commission are 24 intended to represent and further the interest of the 25 preservation of history in the City of San Bernardino, and 26 that such representation and furtherance serves the public 27 interest. Accordingly, the Mayor and Common Council find that 28 for the purposes of members of the Historic Preservation the -3- 0 1 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2 . 29 TO 2 THE SAN BERNARDINO MUNICIPAL CODE TO CREATE A HISTORICAL PRESERVATION COMMISSION, ESTABLISHING THIS COMMISSION WITH 3 OPERATING PROCEDURES IN CONFORMANCE WITH ALL OTHER CITY COMMISSIONS. 4 5 organizations and professions in the fields of the Historic 6 Preservation Commission are tantamount to and constitute the 7 public generally within the meaning of Section 87103 of the 8 Government Code. " 9 I HEREBY CERTIFY that the foregoing ordinance was duly 10 adopted by the Mayor and Common Council of the City of San 11 Bernardino at a meeting thereof, held on the 12 — day of 1993 , by the following vote, to 13 wit: 14 COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT 15 Estrada 16 Reilly Hernandez 17 Maudsley 18 Minor 19 20 Pope-Ludlam 21 Miller 22 City Clerk 23 The foregoing ordinance is hereby approved this day of 1993 . 24 25 Approved as to form W. R. "Bob" Holcomb, Mayor and legal content: City of San Bernardino 26 27 JAMES F. PENMAN City Attorney 28 by: -4-