HomeMy WebLinkAbout09-25-1995 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT ADJOURNED REGULAR MEETING
SEPTEMBER 25, 1995
ECONOMIC DEVELOPMENT AGENCY BOARD ROOM
201 NORTH "E" STREET
SAN BERNARDINO
This is the time and place set for a joint adjourned regular
meeting of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino from the joint adjourned
regular meeting held at 4:00 p.m., Wednesday, September 20, 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 Wednesday, September 20, 1995,
and has on file in the Office of the City Clerk an affidavit of
posting together with a copy of said order which was posted at 9:00
a.m., Thursday, September 21, 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 12:05 p.m., in the
Economic Development Agency Board Room, 201 North "E" 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, Miller; City Attorney
Penman; City Clerk Rachel Clark; Assistant City Administrator
Wilson, Absent: Council Member Pope-Ludlam.
ANNOUNCEMENT - MAYOR MINOR
Mayor Minor announced that due to the limited space within the
Economic Development Agency Board Room, the meeting is adjourned to
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RECESS MEETING
At 12:05 p.m., the joint adjourned regular meeting of the
Mayor and Common Council and Community Development Commission
recessed to 12:25 p.m., in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
1
9/25/95
RECONVENE MEETING
At 12:28 p.m., Mayor Minor reconvened the joint adjourned
regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino 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, Miller; City Attorney
Penman; City Clerk Rachel Clark; Economic Development Agency
Administrator Timothy Steinhaus. Absent: Council Member Pope-
Ludlam.
COMMUNITY DEVELOPMENT COMMISSION JOINT ADJOURNED
REGULAR MEETING
At 12 :28 p.m., Chairman Minor called the joint adjourned
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.
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)
City Clerk Rachel Clark read the title of the resolution.
Council Member Miller made a motion, seconded by Council
Member Negrete, that full reading of the resolution be waived and
that the previous action taken at the joint adjourned regular
meeting on September 20, 1995, to adopt said resolution be
ratified.
The motion carried and Resolution No. 95-341 was ratified by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin, Miller. Nays: None, Absent:
Council Member Pope-Ludlam.
COUNCIL MEMBER POPE-LUDLAM ARRIVED
At 12:30 p.m., Council Member Pope-Ludlam arrived at the
Council meeting and took her place at the council table.
2
9/25/95
RES, 95-342 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING
FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE
VARIOUS REDEVELOPMENT PROJECT AREAS OF UNDERTAKING
CERTAIN IMPROVEMENTS TO THE CALIFORNIA THEATER. (R2A)
Rachel Clark read the title of the resolution.
John Hoeger, Project Manager, Development Division, Economic
Development Agency, explained the repairs needed for the
rehabilitation of the California Theater and answered questions
relative to such.
Richard McCann, Richard F. McCann & Company (Architect), 39 S.
El Molino, Pasadena, CA, answered questions regarding the required
safety repairs for the rehabilitation of the California Theater.
A discussion ensued relati ve
rehabilitating the California Theater
the construction of a performing arts
to the feasibility
or allocating the funds
center.
of
for
Council Member Hernandez made a motion, seconded by Council
Member Negrete, that full reading of the resolution be waived; and
that said resolution be adopted.
The motion carried and Resolution No. 95-342 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None.
Absent: None.
RECESS MEETING
At 1:15 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 1:22 p.m., the joint adjourned regular meeting of the Mayor
and Common Council and Community Development Commission reconvened
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; City Attorney
Penman; City Clerk Rachel Clark; Assistant City Administrator
Wilson. Absent: Council Member Miller.
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. (1)
City Clerk Rachel Clark read the title of the resolution.
3 9/25/95
Council Member Pope-Ludlam made a motion, seconded by Council
Member Negrete, that the previous action taken at the joint
adjourned regular meeting on September 20, 1995, to waive full
reading of the resolution and adopt said resolution be
reconsidered.
The motion carried by the following vote: Ayes: Council
Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays: Council
Members Oberhelman, Devlin. Absent: Council Member Miller.
COUNCIL MEMBER MILLER RETURNED
At 1:23 p.m., Council Member Miller returned to the Council
meeting and took her place at the council table.
A discussion ensued regarding the time frame involved in
conducting a special election, the possibility of conducting an
all-mail special election and the possibility of the courts
validating a proposed ordinance which would allow card clubs within
the City.
Donald L. Hunt, Mudge Rose Guthrie Alexander & Ferdon, 333 S.
Grand Avenue, Los Angeles, CA, stated that Rounding Third and
Double Eagle Sports Internationale had requested his assistance in
the preparation of the proposed ordinance allowing for the
operation of a gaming or other type of casino facility within the
Ci ty of San Bernardino. He further stated that the current
ordinances could be changed to allow for a shorter period of time
in which a special election may be called and the conduct of all-
mail elections for matters other than a vacancy.
City Attorney Penman stated that pursuant to the Business and
Professions Code, Section 19819, adopted in 1983, effective on July
1, 1984, no gaming clubs shall be allowed to operate within a city
without a majority of electors voting affirmatively to approve a
measure permitting legal gambling within the city.
The following individuals did not speak, however, requested to
go on record as opposing the adoption of said resolution calling
for a special election to allow card clubs within the City:
Ted Ortiz, 5797 N. Victoria Ave., Highland, CA,
Nancy Franklin, 26856 14th St., Highland, CA.
Mona LeBron, 26856 14th St., Highland, CA.
Georgia Bittner, 6924 Buchanan Ave., San Bernardino, CA.
Jennifer Francis, 701 E. 19th St., San Bernardino, CA.
Traci Keller, 3275 Grande Vista, San Bernardino, CA.
Jerry J. Paresa, 6070 Blythe Ave, Highland, CA.
Linda Alexander, 7667 Hyssop Dr., Rancho Cucamonga, CA.
Edward Bustamante, 2860 Stoddard Ave., San Bernardino, CA.
Norman R. Cosme, 5797 N. Victoria Ave., Highland, CA.
Jerry Leech, 25258 E. 17th St., San Bernardino, CA.
Rudy Molina, 601 Ruiz St., Redlands, CA.
4
9/25/95
Terry Moll, 6705 N, Steven Wy., San Bernardino, CA.
Joan L. Cismowski, 7118 Tippecanoe, San Bernardino, CA.
Sue Rister, 5797 N. Victoria Ave., Highland, CA.
Carla Lemos, 349 W. 44th St., #1, San Bernardino, CA.
Debra Menchaca, 12971 Grinnell Ct., Victorville, CA.
Raul Chacon, Sr., 26535 Indian Rd., Highland, CA.
Ray Castillo, 1359 E. Bernard Ct" San Bernardino, CA.
Martha Chacon, 26535 Indian Rd" Highland, CA.
Garrett Mathews, 26545 Indian Rd., Highland, CA.
Alaina Mathews, 26545 Indian Rd., Highland, CA
Roauna Ramos, 5514 Victoria Ave., Highland, CA.
Beatrice Castillo, 1359 E. Bernard Ct., San Bernardino, CA.
James R. Ramos, 5514 Victoria Ave., Highland, CA.
Andy Marquez, 3270 Amber Hill Dr., Highland, CA.
Dr. Alexis Tanner, 1794 N. Waterman, San Bernardino, CA.
Duane O. Nielsen, 1430 Yucca Dr., San Bernardino, CA.
Barbara Mariul, 26518 Indian Rd., Highland, CA.
Yolanda Spher, 34888 Grape Ave., Yucaipa, CA.
Philip Cannell, 1560 N. "D" St., San Bernardino, CA.
Gary Hogle, 5797 N. Victoria Ave., Highland, CA.
Kristen Dalton, 13411 Foxpoint Rd., Victorville, CA,
Les Groves, 62226 W. 6th St., San Bernardino, CA.
Lorrie Gile,
Chris Gile, a resident of San Bernardino.
Javier Gomez, 26868 Cypress, Highland, CA.
Rillene Nielsen, 1430 Yucca Dr., San Bernardino, CA.
Bill Berman, 619 E. 9th St., San Bernardino, CA.
Christine Gutierrez, 26671 15th St., Highland, CA.
Dolores Forino, 16091 Cajon Blvd., San Bernardino, CA.
Warner Hodgdon, proj ect Coordinator, Rounding Third/Double
Eagle Sports Internationale, P. O. Box 2146, San Bernardino, CA,
provided a synopsis of the action taken relative to the proposed
financing of the baseball stadium and requested that the matter be
continued to October 2, 1995, to allow the proponents and the City
time to coordinate and come to a consensus as to whether a special
election can be conducted to allow card clubs within the City.
Discussion ensued regarding the agreement with Rounding Third
and the proposed financing for the construction of the baseball
stadium.
Aaron Hodgdon, President, Double Eagle Sports Internationale,
P. O. Box 2146, San Bernardino, CA, stated that they would have to
re-evaluate taking over the construction of the baseball stadium if
a special election was not conducted to allow card clubs within the
City.
The following individuals spoke in opposition to conducting a
special election to allow card clubs within the City:
DarIa Grey, 1667 Conejo Dr., San Bernardino, CA.
5
9/25/95
James Grey, 1667 Conejo Dr., San Bernardino, CA.
Shirley Berteaux, 1005 E. Benedict Rd., San Bernardino, CA.
Charles Berteaux IV, 1005 E. Benedict Rd., San Bernardino, CA.
Rachel Garvin, 3929 Ferndale, San Bernardino, CA.
Linda Berman, 619 E. 9th St., San Bernardino, CA,
Richard A. Cismowski, 7118 Tippecanoe Ave., San Bernardino,
CA.
Ruben A. Lopez, 631 W. 16th St., San Bernardino, CA.
Betty Simpson, 3883 Fremontia, San Bernardino, CA.
Dr. DeVaughn C, Petersen, 1127 Devonshire Rd., San Bernardino,
CA.
Debra Garvin, 3929 Ferndale, San Bernardino, CA.
Connie Hull, 3963 Garden Dr., San Bernardino, CA.
Charles Berteaux III, 1005 E. Benedict Rd., San Bernardino, CA
Jerome Levine, Counsel, San Manuel Indian Bingo, 2049 Century
Park East, #710, Los Angeles, CA.
Lynn Leroy, Chairperson, San Manuel Indian Bingo, P. O. Box
266, Highland, CA.
Ken Ramirez, Vice-Chairman, San Manuel Band of Mission
Indians, 5797 Victoria Ave., Highland, CA.
Aileen Cooper, 26552 E. 5th St" Highland, CA.
Frank D. Bowman, 4360 David Wy" San Bernardino, CA.
Jeffrey Kinsell, Chairman, Rounding Third, 462 Stevens, Solana
Beach, CA, stated that he is not in the gaming business and was
hired to accomplish the financing for the construction of the
baseball stadium and the proposed entertainment/gaming complex.
Aaron Hodgdon explained that when his company, Double Eagle
Sports Internationale, had expressed an interest in providing
private financing for the construction of the baseball stadium,
City representatives had suggested that he work with Rounding
Third, and it is Rounding Third's intention to cover the costs
associated with the special election. Mr. Hodgdon submitted a
letter dated September 25, 1995, concerning the status of the
stadium and proposed complex.
Steve Dzida, Jackson, De Marco & Peckenpaugh, Counsel for
Double Eagle Sports Internationale and Rounding Third, requested
that the matter be continued to October 2, 1995, and answered
questions regarding the criteria necessary to effectuate a change
in the San Bernardino Municipal Code to conduct a special election
prior to January 1, 1996.
Council Member Negrete made a motion, seconded by Council
Member Curlin, that the matter be continued to October 2, 1995, in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
6
9/25/95
The motion failed by the following vote: Ayes:
Members Negrete, Curlin, Hernandez. Nays: Council
Oberhelman, Devlin, Pope-Ludlam, Miller. Absent: None.
Council Member Pope-Ludlam later changed her vote.)
Council
Members
(Note:
City Attorney Penman reiterated that pursuant to the Business
and Professions Code, a special election is necessary and explained
the provisions for a special election and the amendments required
to facilitate such an election prior to January 1, 1996.
Council Member Pope-Ludlam changed her negative vote to an
affirmative.
The motion to continue carried by the following vote:
Council Members Negrete, Curlin, Hernandez, Pope-Ludlam.
Council Members Oberhelman, Devlin, Miller. Absent: None.
Ayes:
Nays:
NOTE:
adjourned
Community
no action
Agenda Item No. Two was addressed at the joint
regular meeting of the Mayor and Common Council and
Development Commission on September 20, 1995, therefore,
was taken.
ADJOURNMENT (3)
At 3:17 p.m., the meeting was adjourned. The next meeting
will be held at 8:00 a.m., Monday, October 2, 1995, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
RACHEL CLARK
City Clerk
By
') iI
~Ah~~ Ifiv0.t4J
uzanna Cordova
eputy City Clerk
No. of Items: 4
No. of Hours: 3
7
9/25/95