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CITY OF SAN BERNCkDINO - REQUEST OR COUNCIL ACTION
From: James F. Penman, City Attorney
,
Subject: Appeal of Revoca.tion of Conditional
Development Permit No. 198 (Civic
Center Motel)
Dept: City Attorney
Date: May 1, 1991
Mayor & Common Council Meeting
of May 6, 1991, 2:00 p.m.
Synopsis of Previous Council action:
On December 11, 1990, the Planning Commission adopted Findings in support of revocation
of Conditioc,.al Development Permit No. 198. The vote was 4 ayes, 1 nay, 1 abstention with
2 absent.
On April 15, 1991, the Mayor & Common Council continued the item and referred it to a
Hearing Officer for an advisory opinion regarding the due process issues raised by the
appellants.
Recommended motion:
1. That the Appeal of the Revocation of Conditional Development Permit No. 198 be
referred to a Hearing Officer chosen by the City Attorney for an advisory opinion regarding
the due process issues;
i
I
or
2. That the Appeal of the Revocation of Conditional Development Permit No. 198 be
continued to (date) for further action on the Appeal.
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Signature
Contact person:
James F. Penman, City Attorney
Phone:
Supporting data attached: Staff Report, Correspondence
Ward:
FUNI?ING REQUIREMENTS:
Amount:
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Source: (Acct. No,)
(Acct. DescriPtion)
Finance:
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Council Notes:
75.0262
Agenda Item No
,S1
91TY OF SAN BER~RDINO - REQUEST QR COUNCIL ACTION
STAFF REPORT
RE: Appeal of Revocation of Conditional Development Permit
No. 198 (Civic Center Motel) - Mayor and Common Council
Meeting of May 6, 1991
On April 15, 1991, the Mayor and Common Council continued
this item and referred it to a Hearing Officer for an advisory
opinion regarding the due process issues raised by the
appellants.
After the April 15, 1991 Council Meeting, our office has
made numerous attempts to contact the appellants' attorneys (see
attached letter dated April 30, 1991). The appellants' attorneys
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have refused to cooperate in the selection of a Hearing Officer.
The appellants have not responded to our request for the names of
their recommendations for the Hearing Officer. The appellants
have also not responded to our stated recommendation for the
Hearing Officer.
Given the refusal of the appellants to respond to our
communications, we request that the Mayor and Common Council
adopt recommended motion #1 which permits the Hearing Officer to
be chosen by the City Attorney.
[HE/dys/staff.rpt]
75-0264
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OFFICE OF THE CITY ATTORNEY
JAM E 5 lO "'
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CiTY A;--"QRN:;y
April 30, 1991
Andrew J. Gunn, Esquire
363 West Sixth Street
San Bernardino, CA 92401
Frank A. Weiser, Esquire
3460 Wilshire Blvd., Ste. 903
Los Angeles, CA 90010
RE: APPEAL OF REVOCATION OF CONDITIONAL DBVBLOPMBNT PERMIT
NO. 198 (Civic Center Motel) 665 North -D- street
Dear Mr. Gunn and Mr. Weiser:
On April 15, 1991, the Mayor and Common Council continued
your clients' appeal of the above-referenced matter and referred
it to a Hearing Officer for an advisory opinion on whether the
City's actions have complied with due process. The day after the
Council's decision, I telephoned Mr. Gunn and informed him of our
recommendation that Alan B. Gresham of the law firm of Gresham,
Varner, Savage, Nolan and Tilden in San Bernardino be the Hearing
Officer. Mr. Gunn stated that he had no immediate objections to
our recommendation but that he needed some time to consider it.
Between April 16, 1991 and April 30, 1991, I have telephoned
Mr. Gunn three times and Mr. Weiser twice and have left messages
requesting your clients' response to the selection of Mr. Gresham
as the Hearing Officer. Both Mr. Gunn and Mr. ~eiser have failed
to return my phone calls.
On May 6, 1991,
Conditional Development
the RegUlar Meeting of
action.
this matter (Appeal of Revocation of
Permit No. 198) will be on the Agenda of
the Mayor and Common Council for further
/ / / /
/ / / /
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Page Two
April 30, 1991
RE: APPEAL OF REVOCATION OF CONDITIONAL DEVELOPMENT PERMIT
NO. 198 (Civic Center Motel) 665 North RDw street
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Please contact me as soon as possible regarding your
clients' appeal.
Sincerely yours,
~~
HENRY EMPENO, JR.,
Deputy City Attorney
cc: W. R. Holcomb, Mayor
Council Members
James F. Penman, City Attorney
Shauna Edwins, City Administrator
~
[HE/dys/gunn.ltr]
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CITY OF
San Bernardino
RECEIVED-Cn Y CLER,.
'91 HAY -1 A 7 :51
OFFICE OF THE CITY ATTORNEY
JAMES ~ PE~jMAN
(: I T v A, T . Q R N E v
April 30, 1991
Andrew J. Gunn, Esquire
363 West Sixth Street
San Bernardino, CA 92401
Frank A. Weiser, Esquire
3460 Wilshire Blvd., Ste. 903
Los Angeles, CA 90010
RB: APPEAL OF REVOCATION OF CONDITIONAL DBYBLOPMBN'l' PERMIT
NO. 198 (Civic Center Motel) 665 NOrth -D- street
Dear Mr. Gunn and Mr. Weiser:
On April 15, 1991, the Mayor and Common COuncil continued
your clients' appeal of the above-referenced matter and referred
it to a Hearing Officer for an advisory opinion on whether the
City's actions have complied with due process. The day after the
Council'S decision, I telephoned Mr. Gunn and informed him of our
recommendation that Alan B. Gresham of the law firm of Gresham,
Varner, Savage, Nolan and Tilden in San Bernardino be the Hearing
Officer. Mr. Gunn stated that he had no immediate objections to
our recommendation but that he needed some time to consider it.
Between April 16, 1991 and April 30, 1991, I have telephoned
Mr. Gunn three times and Mr. Weiser twice and have left messages
requesting your clients' response to the selection of Mr. Gresham
as the Hearing Officer. Both Mr. Gunn and Mr. ~eiser have failed
to return my phone calls.
On May 6, 1991,
Conditional Development
the Regular Meeting of
action.
this matter (Appeal of Revocation of
Permit No. 198) will be on the Agenda of
the Mayor and Common Council for further
/ / / /
/ / / /
100 N:)RTH 0 STR<:.ET SAN BERNARO,NO
CALIFOR~~I~ 92~'8 0001 714:384.5355
[HE/dys/gunn.ltr]
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Page Two
April 30, 1991
RB: APPEAL OP RBVOCATJ:ON OF CONDJ:TJ:ONAL DBVBLOPMBNT PBRMJ:T
NO. 198 (Civic Center Motel.) 665 North -D- Street
~
Please contact me as soon as possible regarding your
clients' appeal.
Sincerely yours,
~~
HENRY EMPERO, JR.,
Deputy City Attorney
cc: W. R. Holcomb, Mayor
Council Members
James F. Penman, City Attorney
Shauna Edwins, City Administrator
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