HomeMy WebLinkAbout07-31-1996 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
SPECIAL MEETING
JULY 31, 1996
COUNCIL CHAMBERS
NOTICE IS HEREBY GIVEN that the Mayor and Common Council of
the City of San Bernardino have called a special meeting of the
Mayor and Common Council for 9:00 a.m., Wednesday, July 31, 1996,
in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
The purpose for which this meeting was called was to discuss
and consider the adoption of:
1. An urgency ordinance of the City of San Bernardino amending
Chapter 19.06 of the San Bernardino Municipal Code
(Development Code) regarding adult businesses and declaring
the urgency thereof;
and to call a closed session on the following:
2. Pursuant to Government Code Section 54956.9(a):
A. Conference with legal counse~ - existing litigation:
People of the State of California vs. Manta
Manaqement/Manta Manaqement Corporation vs. City of San
Bernardino - San Bernardino Superior Court Case No. SCV
18157.
The special meeting of the Mayor
to order by Mayor Minor at 9:00 a.m.,
the Council Chambers of City Hall,
Bernardino, California.
and Common Council was called
Wednesday, July 31, 1996, in
300 North "D" Street, San
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Arias,
Oberhelman, Devlin, Anderson; City Attorney Penman, City Clerk
Rachel Clark, City Administrator Shauna Clark. Absent: Council
Members Negrete, Curlin, Miller.
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7/31/1996
RECESS MEETING - CLOSED SESSION
At 9:00 a.m., the Mayor and Common
session for the following:
(2)
Council recessed to closed
1. Pursuant to Government Code Section 54956.9(a):
A. Conference with legal counsel - existing litigation:
People of the State of California vs. Manta
Manaqement/Manta Manaqement Corporation vs. City of San
Bernardino - San Bernardino Superior Court Case No. SCV
18157.
CLOSED SESSION
At 9:00 a.m. Mayor Minor called the closed session to order in
the conference room of the Council Chambers of City Hall.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Arias,
Oberhelman, Devlin, Anderson; City Attorney Penman, City Clerk
Rachel Clark, City Administrator Shauna Clark. Absent: Council
Members Negrete, Curlin, Miller.
Also present: Senior Assistant City Attorneys Barlow and
Carlyle, Deputy City Attorney Empeno, Margaret Scroggin,
Administrative Operations Supervisor, Bonnie Greenleaf, Paralegal,
City Attorney's Office; and Director of Planning and Building
Services Boughey.
ADJOURN CLOSED SESSION
At 9:27 a.m., the closed session adjourned to the special
meeting of the Mayor and Common Council of the City of San
Bernardino.
RECONVENE MEETING
At 9:35 a.m., Mayor Minor reconvened the special meeting of
the Mayor and Common Council of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Arias,
Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City
Clerk Rachel Clark, City Administrator Shauna Clark. Absent:
Council Members Negrete, Curlin.
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7/31/1996
ORD. MC-977 - AN URGENCY ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING CHAPTER 19.06 OF THE SAN BERNARDINO
MUNICIPAL CODE (DEVELOPMENT CODE) REGARDING ADULT
BUSINESSES AND DECLARING THE URGENCY THEREOF. Urqencv
(1)
City Attorney Penman pointed out that the law permits cities
to limit the area where adult businesses are permitted, but
prohibits cities from banning adult businesses altogether. He
noted that in 1994 the City Council enacted legislation which set
aside over 200 acres in IL, Industrial Light, and CH, Commercial
Heavy, areas which could be used for adult businesses. The City
believed then, and still believes, that designated land to be
sufficient; however, it has been argued that it is insufficient.
Therefore, the Council is being asked to clarify its past actions
by adopting this urgency ordinance.
Mr. Penman explained that under the City's current
regulations, there must be at least a thousand feet between an
adult business and a residence, school, or church. This urgency
ordinance would provide that where there is a freeway, river, or
flood control channel, the thousand feet would be measured not by
a straight line but by the shortest route of travel, and would also
provide that the distance between any adult business and any of the
enumerated sensitive uses shall be measured from the closest
exterior structural wall of the adult business to the closest
property line of the sensitive use. He added that if this
urgency ordinance is adopted, it wou::'d also be processed as a
regular ordinance and go through the P::'anning process and receive
the required two readings.
Mayor Minor stated he wanted to be sure he understood the City
Attorney correctly and reiterated as follows: Past actions in
amending the adult entertainment ordinance were based on
representations made to the Council and their understanding that
there would be sufficient land legally available to permit the
operation of adult businesses in designated areas of the city as
required by law. While they still believe this to be the case, in
order to eliminate any possibility, no matter how remote, that
there may not be enough land to meet the City's legal obligations,
the amendment will clarify the Council's past intent and their past
actions in ensuring that there is sufficient land in the designated
zone areas in the city which is legally available for the operation
of adult businesses.
Council Member Miller made a motion, seconded by Council
Member Oberhelman, that the urgency ordinance be adopted and direct
the Planning Department to initiate a regular ordinance amending
the Development Code. (Note: There was no vote taken.)
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7/31/1996
City Clerk Rachel Clark read the ordinance title into the
record.
City Attorney Penman noted that the motion should include
waiving full reading of the ordinance.
Council Member Miller amended her motion, seconded by Council
Member Oberhelman, that full reading of the ordinance be waived;
that said urgency ordinance be adopted; and that the Planning
Department be directed to initiate a regular ordinance amending the
Development Code.
The motion carried, and Ordinance No. MC-977 was adopted by
the following vote: Ayes: Council Members Arias, Oberhelman,
Devlin, Anderson, Miller. Nays: None. Absent: Council Members
Negrete, Curlin.
ADJOURNMENT (3)
At 9:41 a.m., the special meeting was adjourned. The next
regular meeting is scheduled to be held at 8:00 a.m., Monday,
August 5, 1996, in the Council Chambers of City Hall, 300 North "D"
street, San Bernardino, California.
RACHEL CLARK
City Clerk
By
~. ~'
,.~ -pI
inda Hartze:b
Deputy City Clerk
No. of Items: 3
No. of Hours: .75
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7/31/1996