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Home My WebLink About09-20-1995 Minutes MINUTES MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING SEPTEMBER 20, 1995 COUNCIL CHAMBERS This is the time and place set for a joint adjourned regular meeting of the Mayor and Common Counci~ and Community Development Commission of the City of San Bernardino from the regular meeting held at 8:00 a.m., Monday, September 18,1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Monday, September 18, 1995, and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 3:45 p.m" Tuesday, September 19, 1995, on the door of the place at which said meeting was held, The joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Minor at 4:01 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, Barbara Lindseth, Acting Executive Director, Development Department, Economic Development Agency. Absent: None. READING OF RESOLUTION City Clerk Rachel Clark read the title of the resolution on the Mayor and Common Council agenda. ANNOUNCEMENT - CITY ATTORNEY PENMAN City Attorney Penman announced that the case of Manta Management (Rocket Theater) vs. the City of San Bernardino has been dismissed by the court. CITY ATTORNEY PENMAN EXCUSED At 4:02 p.m., City Attorney Penman left the Council meeting, and was replaced by Senior Assistant City Attorney Barlow. 9/20/95 1 COMMUNITY DEVELOPMENT COMMISSION JOINT ADJOURNED REGULAR MEETING At 4: 02 p. m., Chairman Minor called the joint adj ourned regular meeting of the Mayor and Common Council and Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. READING OF RESOLUTIONS City Clerk Rachel Clark read the titles of the resolutions on the Community Development Commission agenda. RES. 95-341 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF ASSISTING DON TURPIN PONTIAC, INC., DOING BUSINESS AS REDLANDS ISUZU/SUZUKI, IN RELOCATING TO THE SAN BERNARDINO AUTO PLAZA FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA OF THE AGENCY AND AS PART OF THE INLAND VALLEY DEVELOPMENT AGENCY REDEVELOPMENT PROJECT AREA. (R1A) Senior Assistant City Attorney Barlow distributed documents providing additional details on the proposed financial assistance package for Don Turpin Pontiac, Inc. Discussion ensued regarding the details of assistance package, and its benefits to the City, negotiated for Don Turpin Pontiac, Inc. the financial that has been Jeff Wright, P. 0, Box 2341, San Bernardino, CA, expressed opposition to any financial assistance for Don Turpin Pontiac, Inc. Council Member Pope-Ludlam made a motion, Member Oberhelman, that further reading of waived; and that said resolution be adopted. seconded by Council the resolution be The motion carried, and Resolution No. 95-341 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, pope-Ludlam, Miller. Nays: None. Absent: None. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 4:50 p.m., Senior Assistant City Attorney Barlow left the Council meeting, and was replaced by City Attorney Penman. BARBARA LINDSETH, ACTING EXECUTIVE DIRECTOR, DEVELOPMENT DEPARTMENT, ECONOMIC DEVELOPMENT AGENCY EXCUSED At 4:50 p,m., Barbara Lindseth, Acting Executive Director, Development Department, Economic Development Agency, left the Council meeting, and was replaced by Assistant City Administrator Fred Wilson. 9/20/95 2 FILE AMICUS CURIAE BRIEF - CITY OF LIVERMORE - CITIES' ABILITY TO IMPOSE STRICTER STANDARDS THAN THOSE IMPOSED BY THE UNIFORM PLUMBING & FIRE CODES - CONTINUED FROM SEPTEMBER 18, 1995 (2) This is the time and place continued to consider authorizing the City Attorney to file an amicus curiae brief in the matter of the cities' ability to impose stricter standards than those imposed by the Uniform Plumbing and Fire Codes. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council authorize the City Attorney's Office to file an Amicus Curiae Brief for the City of Livermore relative to cities' ability to enforce stricter codes than those imposed by the Uniform Plumbing and Fire Code. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL ELECTION AND SUBMITTING TO THE ELECTORS A MEASURE TO ALLOW CARD CLUBS WITHIN THE CITY OF SAN BERNARDINO. (Continued from September 18, 1995) (1) Senior Assistant City Attorney Barlow submitted a dated September 20, 1995, regarding the necessity of election to authorize card rooms within the City response to documents previously submitted by Warner this matter. Memorandum holding an limits, in Hodgdon on A discussion ensued regarding the advantages and disadvantages of holding a special election to determine whether to permit card clubs within the City; whether sufficient monies could be located within the City's budget to fund the cost of a special election; and that even though the voters might approve the concept of a card club within the City, whether the voters would, in fact, desire to have a card club operating within the City limits. Warner Hodgdon, Double Eagle Sports Internationale, P. O. Box 2146, San Bernardino, CA, expressed support for asking the voters whether they would like a card club as part of a comprehensive entertainment center that would include a baseball stadium to be built in the area bounded by the 1-215 Freeway, "E" Street, Rialto Avenue and Mill Street. Council Member Negrete made a motion, seconded by Council Member Pope-Ludlam, that full reading of the resolution be waived; and that said resolution be adopted. (Note: The vote was taken after discussion.) 9/20/95 3 ASSISTANT CITY ADMINISTRATOR FRED WILSON EXCUSED At 5:42 p.m" Assistant City Admlnistrator Fred Wilson left the Council meeting, and was replaced by City Administrator Shauna Clark. Discussion ensued regarding whether a card club facility might be incorporated into a comprehensive entertainment center to include the baseball stadium and other entertainment facilities. The following individuals expressed opposition to the proposed special election to determine whether to permit card clubs: E.C. Keller, 1696 Mesa Verde, San Bernardino, CA. Kirk Garvin, 3929 Ferndale, San Bernardino, CA. Ruben Lopez, 631 W. 16th St., San Bernardino, CA. Jack Belton, 3310 N. "G" St., San Bernardino, CA. Hal Mintz, 1613 Chelsea Rd., San Marino, CA, outlined the advantages and disadvantages of the proposed special election for card clubs. The following individuals voiced opposition to the proposed special election regarding card clubs: Erin Copeland, attorney representing the San Manuel Band of Mission Indians, 5797 Victoria Ave., Highland, CA. Ken Ramirez, Vice Chairperson, San Manuel Band of Mission Indians, 5797 Victoria Ave., Highland, CA. Robert Rego, 853 A Lynwood, San Bernardino, CA. John Thur, 3936 N. Golden, San Bernardino, CA. Warner Hodgdon, Double Eagle Sports Internationale, P. O. Box 2146, San Bernardino, CA, submitted a document dated September 20, 1995, presenting a progress update on the baseball stadium to be built in the area bounded by the 1-215 Freeway, "En Street, Rialto Avenue and Mill Street. Don Hunt, Mudge, Rose, Guthrie, Alexander and Ferdon, 333 S. Grand Ave., Los Angeles, CA, stated that the Mayor and Common Council had authority to decide the matter of card clubs within the City without submitting the matter to the voters. Discussion ensued regarding the cost of conducting a special election, and whether the cost for a special election could be borne by an outside party. 9/20/95 4 The motion failed by the following Members Negrete, Hernandez, Pope-Ludlam. Oberhelman, Devlin, Miller. Abstain: Absent: None. vote: Nays: Council Ayes: Council Member Council Members Curlin. There was no further action taken on this matter at this meeting. ADJOURNMENT (3) At 7:05 p.m., the meeting was adjourned to 12 noon, Monday, September 25, 1995, in the Economic Development Agency Board Room, 201 N. "E" Street, San Bernardino, California. RACHEL CLARK City Clerk "'~ /-- {:' ---//-/ , -/~ I ._ __ \ /". / By /U - 6t:?~ <--/c""---C,--- Melanie Vale Deputy City Clerk No. of Items: 4 No, of Hours: 3 9/20/95 5