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HomeMy WebLinkAbout28- Planning CITY OF SAN BERN RDINO - REQUEST IR COUNCIL ACTION Fromm Al Boughey/Frank Rhemrev Subject: Appeal of Cynthia Robles Re: 588 Western, San Bernardino Det: Planning/City Attorney Date: February 10, 1993 Synopsis of Previous Council action: January 20, 1993 - Continued the matter to February 15, 1993 for the City Attorney to review of "due process" issue. Recommended motion: Accept Ms. Robles withdrawal of her appeal. f` Signature Contact person: Frank Rhemrev Phone: (909) 384-5355 Supporting data attached: Letter from Ms. Robles Ward: FUNDING REQUIREMENTS: Amount: N/A Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: ouncil Notes: -0262 AOpnrlw I tom hi- CITY OF SAN BER DINO - REQUEST F ,R COUNCIL ACTION STAFF REPORT Upon review of the file, and after discussion with the Department Head, it was determined that the most equitable resolution was to allow Ms . Robles to pay only the actual cost of the demolition. This offer was conveyed to Ms . Robles which she accepted. She has withdrawn her appeal . (Correspondence attached) i I 75-0264 February 3, 1993 CERTIFIED MAILED: P 310 627 030 Frank L. Rhemrev Deputy City Attorney City of San Bernardino City Attorney's Office 300 North "D" Street, 6th Floor San Bernardino, California 92418 Dear Mr. Rhemrev, This letter is to confirm our telephone conversations of Friday, January 22, 1993 and on Thursday, January 28, 1993 regarding my Appeal via the Mayor and Common Council regarding the property located at 588 Western Avenue, San Bernardino, California. I_f I stand to believe correctly from our conversations and from the last Hearing date of January 11, 1993, the matter was referred to the City Attorney's Office to determine "due process" findings. As we spoke, we talked about trying to come to a mutual agreement and a conclusion so that you could present an "approach" to the "parties" involved. I agreed with you that I wanted the matter resolved since this has taken several months without any type of resolution. I still strongly feel that the City of San Bernardino violated my rights but, as I explained to you, I cannot concentrate on this matter any longer since all my time and energy is going to my husband who was involved in a terrible automobile accident, and my main concern and priority is his recovery and not how the Mayor presents himself in his combative style with the public and his criticizing of his members of the Council. So, 1 hereby agree to withdrew my Appeal against the City of San Bernardino with the understanding that the negotiated amount was to be $5,100.00 only and nothing else; which you stated was the City's out-of-pocket expense to hire Hunt's Wrecking Crew, even though Page 2 588 Western Avenue San Bernardino C. Robles my main objective in this protest was reducing the cost the City had placed; yet we could not come to a resolution on my part but a member of the City Department of Planning and Building was able or given the opportunity to make calls to three to five different wrecking companies for quotes, but unfortunately for me the Mayor didn't want to hear my quotes of the various wrecking companies 1 obtained which I considered fair and equitable. If that amount ($5,100.00) stands true, and no other cost are to be involved or any form of harassment or retaliation between the City and myself, then 1 believe the matter is considered resolved and closed and no other proceedings are to take place and the Hearing date for "due process" scheduled for February 15, 1993, be taken off the "Calendar"; that's ONLY if this is what was agreed upon. Mr. Rhemrev, one last item before I close, in my opinion just like everyone else has their points of objectives and concerns, I do hope that for future reference or incidents that may occur with other individuals involving the City and its various Units, that specific procedures/strategies be outlined on "emergency situations" and written into City Ordinances or Municipalities and such written Ordinances or Municipalities be utilized and emphasized in rectifying such "Notices" to the proper owner(s). Since the only rules and regulations that the City provided to me after I requested such, was "Article IL Urgent Public Nuisances I believe the definition of "Urgent" vs. "Emergency" needs to be clarified and a clearer definition within the City Ordinances needs to be examined, but, again that is my opinion. I know bureaucracy plays a great deal in approving or rejecting such regulations but, I still feel a notice should have been given to me and deep in my heart I know 1 was treated unfairly and 1 need to forget all this and continue with my life. Page 3 588 Western Avenue San Bernardino, CA C. Robles a Deputy Rhemrev, I thank you for listening and trying to ease the frustration and should you need to contact me, you may do so by calling me at work at (909) 787-5604, should I be out, leave your name only since the only person that knows about this personal matter is my boss whom I had to confront after requesting too much time off. Thank you again and I hope we have all come to a consensus. I would also like to be notified in writing as to the agreement. pertfully Submitted, Cynthia Robles 12030 Poutous Court Moreno Valley, CA 92557 c: Mayor Holcomb Rachel Clark, City Clerk Members of Common Council: Estrada Reilly Flores Maudsley Minor Pope-Ludlam Miller Hernandez Commissioners: Pollock Pensiero Westwood Cortez Hunt Gonzales Flores Chandler