HomeMy WebLinkAbout06-20-1994 Minutes
MAYOR AND COMMON COUNca
COMMUNITY DEVELOPMENT COMMISSION
AND THE JOINT POWERS FINANCING AUTHORITY
OF THE CITY OF SAN BERNARDINO
MINUTES
JOINT REGULAR MEETING
June 20, 1994
ll:OO a.m.
The Joint Regular Meeting of the Mayor and Common Council, the Community Development
Commission and the Joint Powers Financing Authority was held in the Council Chambers. City Hall, 300
North "D" Street, San Bernardino, California and called to order by Mayor Tom Minor at approximately
11:02 a.m., on Monday, June 20, 1994.
ROLL CALL
Roll call was taken with the following members present: Chairman Tom Minor; Commission
Members Edward Negrete; Dr. F. J. Curlin; David Oberhehnan; Jerry Devlin. Absent: Commission
Members Ralph Hernandez; Valerie Pope-Ludlam; and Norine Miller.
STAFF PRESENT
Timothy C. Steinhaus, Administrator, Economic Development Agency; Kenneth J. Henderson,
Executive Director, Development Department; Dennis Barlow, Senior Assistant City Attorney; Lorraine
Velarde, Executive Assistant to the Mayor; Phil Arvizo. Executive Assistant to the Council; Rachel Clark,
City Clerk; Melanie Vale, Deputy City Clerk; La Vonda M-Pearson, Recording Secretary, Development
Department.
OTHERS IN ATTENDANCE
Richard Brooks, The Sun Newspaper; Timothy Sabo, Special Counsel, Sabo and Green.
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Jeff Wright, P. O. Box 2341, San Bernardino, stated that the citizens of San Bernardino continued to
be hostages of the diagonal parking on "E" Street.
COMMISSION MEMBER POPE-LUDLAM ARRIVED AT 1l:04 A.M.
COMMISSION MEMBER MaLER ARRIVED AT 1l:04 A.M.
Mr. Wright eXplained that he understood what the City was trying to do with the diagonal parking;
however in his opinion, it was not working.
COMMISSION MEMBER HERNANDEZ ARRIVED AT 1l:05 A.M.
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Mr. Wright also commented on the time limit for public comments. He expressed concern regarding
some citizens being granted the opportunity to speak longer than others.
Gary Kirby, 1505 Yardley, San Bernardino, questioned the use of the chain link fence at the event
held at the Court Street Square.
Timothy C. Steinhaus, Administrator, Economic Development Agency, explained that the Music
Festival held at the Court Street Square was a paying event. Therefore, the fence was placed to ensure that
payment was received for admission to the event.
CONSENT CALENDAR
The Commission Members requested items nwnbered "2", "3", "6", "7", "8" and "9" be removed
from the Consent Calendar.
Commission Member Curlin made a motion, seconded by Commission Member Oberhelman, that
the Consent Calendar items numbered "I" through "9" be adopted except for items numbered "2", "3"
"6", "7", "8" and "9", respectively.
The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin;
Hernandez; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None.
1. .JOINT POWERS FINANCING AUTHORITY
(Commnnity DevelQpment Commission)
Commission Member Curlin made a motion, seconded by Commission Member Oberhelman, that
the Regular Meeting of the Joint Powers Financing Authority be continued to Monday, July 18, 1994,
The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin;
Hernandez; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None.
Public Works
4, AWARD OF CONTRACT. INSTALLATION OF PLAYGROUND EOUIPMENT AT
ENCANTO PARK
IMlIyor and Common Council)
Councilman Curlin made a motion, seconded by Councilman Oberhelman, that the following
resolution be approved and adopted:
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RESOLUTION NUMBER 94-146
RESOLUTION OF 1HE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO
UNDERWOOD CONSTRUCTION COMPANY, INC., FOR INSTALLATION OF
PLAYGROUND EQUIPMENT IN ENCANTO PARK.
The motion carried by the following vote: Ayes: Council Members Negrete; Curlin; Hernandez;
Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None.
Development Department
5. SALVATION ARMY SUBSTITUTE PAYEE PROGRAM
(Mayor and Common Councill
Councilman Curlin made a motion, seconded by Councilman Oberhelman, to authorize the Mayor
and City Clerk to execute an agreement between the City and the Salvation Army - San Bernardino Corps.
The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin;
Hernandez; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None.
2. COMMUNITY DEVELOPMENT COMMISSION MINUTES
(Communily Develqpment Commission)
Commission Member Oberhelman made a motion, seconded by Commission Member Hernandez
that the minutes of the Community Development Commission of the City of San Bernardino for the meeting
of May 16, 1994 and June 6, 1994, be approved as submitted in typewritten form.
The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin;
Hernandez; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None.
3. REDEVELOPMENT COMMITTEE MINUTES
(Community Develo.))ment Commission)
Commission Member Oberhelman made a motion, seconded by Commission Member Hernandez
that the minutes of the Redevelopment Committee of the City of San Bernardino for the meeting of May 19,
1994 be received and filed.
Jeff Wright, P. O. Box 2341, San Bernardino, inquired as to what change was made to these minutes
since the last Commission Meeting.
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The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin;
Hernandez; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent None.
CONTINUED FROM JUNE 6, 1994
6. AWARD OF BID. NEW CENTRAL POLICE STATION
(Community Development Commissionl
Commission Member Hernandez expressed concern regarding the use of change orders by the
contractors selected. He stated that Motion B informed them that the City has a fund set-aside for change
orders.
Kenneth J. Henderson, Executive Director, Development Department, discussed the actions taken at
the last Commission Meeting and the recommendation that was approved which recommended Commission
Members contact Agency staff to get all their questions answered regarding this item.
Mr. Henderson explained that there were no inquires from the Commission; therefore, staff
submitted a memorandum to Commission members for informational purposes regarding the award of bid.
Mr. Henderson emphasized the dilficulty in monitoring MBE/WBE. He stated that the Agency
mailed out approximately 500 letters to developers who qualified for MBE/WBE. To date, the Agency was
in compliance with MBE/WBE at 12% which is above 7% what is required.
Commission Member Hernandez questioned the non-use of Hispanic newspapers when advertising
for bids.
Mr. Henderson stated that all newspapers were utilized depending on various publication deadlines.
Commission Member Pope-Ludlam expressed concern regarding cost-overruns for this project. She
stated that the Agency has no additional funds for this project.
Mr. Henderson stated that if this item is approved, a notice to proceed would be issued which would
take approximately five (5) -ten (10) working days.
Commission Member Negrete commented on the concerns expressed at the June 6, Commission
Meeting.
Mr. Henderson stated that the memorandum sent to the Commission Members dated June 14, 1994,
addressed all the concern expressed at that meeting.
Rocco Davis, Center for Contract Compliance, Riverside, questioned the verification of all the
MBE/WBE contractors.
Commission Member Miller made a motion, seconded by Commission Member Pope-Ludlam, that
this item be continued until 3:00 p.m.
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The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin;
Hernandez; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None.
7. ARROW VISTA HOUSING DEVELOPMENT PROJECT
(Community Development Commission)
Commission Member Hernandez commented on the cost for this project. He felt that $75,000 was to
much for marketing services.
Commission Member Oberhelman questioned the 120 day review date.
Commission Member Pope-Ludlam summarized the discussions that took place regarding this item
during the Housing Committee Meeting.
Chairman Minor questioned the approach to be used by this marketing firm versus Dukes-Dukes and
Associates.
Kenneth J. Henderson, Executive Director, Development Department, declared the Commission's
disappointment with the previous developer regarding the marketing and sale of these homes. He noted the
Commission's previous action to terminate the agreement with the developer and retain him as a consultant.
Commission Member Oberhelman made a motion, seconded by Commission Member Pope-Ludlam,
to approve the utilization of Inland Cities to provide specific marketing services in conjunction with the
Arrow Vista Housing Development Project, authorize the utilization of $75,000 in low to moderate income
housing funds and direct the Chairman and Executive Director to execute any documents necessary to
effectuate said implementation of marketing services.
Commission Member Oberhelman made a motion, seconded by Commission Member Pope-Ludlam,
to authorize implementation of a lease/purchase program in conjunction with those standing inventory homes
that remain unsold within the Arrow Vista housing development, authorize utilization of $25,000 in low to
moderate income housing funds for said purpose and direct the Chairman and Executive Director to execute
any documents necessary to effectuate said implementation of marketing services.
Commission Member Oberhelman made a motion, seconded by Commission Member Pope-Ludlam,
that the programs described in Motions "A" and "B" be re-evaluated by the Housing Committee (120) days
from the date of adoption by the COIll1nunlty Development Commission.
The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin;
Hemandez; Oberhelman; Pope-Ludlam; Miller. Noes: Commission Member Devlin. Abstain: None.
Absent: None.
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Agency Administration
8. RESOLUTION TO CONTINUE EXPENDlTlIRR<;; AT CURRENT BUDGET LEVEL
PENDING ADOPTION OF IT 94/95 BUDGET
(Community Development Commission)
Timothy C. Steinhaus, Administrator, Economic Development Agency, explained that the Agency
budget is normally discussed after the completion of the City budget. He explained that this resolution would
allow the Agency to continue operating after July I, 1994, under last years budget. He slated that the Agency
planned to have its budget workshop in July.
Commission Member Hernandez recommended the Agency not hire any personnel until after the
management audit.
Commission Member Oberhelman asked staff if they anticipated hiring any consultants before the
budget hearings.
Mr. Steinhaus Slated that the Commission would be notified of any hiring of consultants regardless
of the cost.
Commission Member Oberhelman made a motion, seconded by COlrnnission Member Devlin, that
the following resolution be approved and adopted:
RESOLUTION NUMBER 5400
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, CALIFORNIA. AUTHORIZING THE ECONOMIC DEVELOPMENT
AGENCY TO CONTINUE EXPENDITURES AT BUDGETED LEVEL FOR 1993 - 1994
FISCAL YEAR. PENDING FINAL APPROVAL OF 1994 - 1995 BUDGET. WITH
ALLOWANCES FOR ANY SPECIFICALLY APPROVED INCREASES.
The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin;
Hernandez; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None.
9. ECONOMIC CONDITION OF THE CITY WORKSHOP
(Community Development Commission)
Commission Members expressed concern regarding the limited amount of consultants who
responded to the Request for Proposals (RFP) for this item.
Commission Member Pope-Ludlam indicated that there were not that many people available for this
type of workshop. She commented on the trained personnel selected for this workshop indicating that it
would be $12.000 well spent.
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Timothy C. Steinhaus, Administrator, Economic Development Agency, summarized the
Conunissions previous request for staff to solicit RFPs for the Economic Condition of the City Workshop.
He stated that the RFP was mailed to three (3) firms with one fIrm responding to the RFP.
Commission Member Negrete made a motion, seconded by Conunission Member Pope-Ludlam, to
establish Thursday, September 29, 1994, from 9:00 a.m. to 4:00 p.m., as the date and time for the Economic
Condition of the City Workshop (Economic Summit) and as an adjoumed meeting.
Commission Member Negrete made a motion, seconded by Conunission Member Pope-Ludlam, to
retain the firm of ECAP of Highland, Califomia to assist the Agency with preparation for the Summit in
establishing the goals of the conference, reports, participants, and the follow-up development of a
comprehensive economic development program for the City.
Mr. Steinhaus stated that staff would be working very closely with ECAP in gelling all the necessary
information needed for the workshop.
The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin;
Hernandez; Devlin; Pope-Ludlam; Miller. Noes: Commission Member Oberhelman. Abstain: None.
Absent: None.
END OF CONSENT CALENDAR
Development Department
10. CONTINUA TION OF 9/80 WORK WEEK SCHEDULE FOR ECONOMIC
DEVELOPMENT AGENCY
(Community Develqpment Commission)
Chairman Minor recommended this item be discussed at 3:00 p.m., after the Mayor and Common
Council discuss the item on the City's agenda.
11. WE'n SIDE PLAZA INTERIM CONSTRUCTION LOAN
(Mayor and Common Councill
Councilman Hernandez made a motioll, seconded by Councilwoman Pope-Ludlam, to authorize the
Mayor and Executive Director to execute all documents necessary to process and secure an approved federal
Section 108 Loan for the West Side Plaza Shopping Center.
The motion carried by the following vote: Ayes: Council Members Negrete; Curlin; Hernandez;
Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None.
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(Community Development Commi~sion)
Commission Member Hernandez made a motion. seconded by Commission Member Pope-Ludlam,
to authorize, as appropriate, an Agency advance loan of $500,000 to New Frontier Commercial Properties for
the West Side Plaza Shopping Center, subject to repayment from a federally approved Section 108 Loan from
the U.S. Department of Housing and Urban Development
Commission Member Hernandez made a motion, seconded by Commission Member Pope-Ludlam,
to authorize and direct staff to draft necessary loan documents for an interim Agency Loan of $500,000 to
New Frontier Commercial Properties.
The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin;
Hernandez; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None.
12, SAN BERNARDINO CIVIC LIGHT OPERA
(Community Development Commission)
Commission Member Hernandez stated that he would like to refer this item to the Redevelopment
Committee for review.
Commission Member Oberhelman questioned the relationship between Item #12 and Item #15. He
indicated that the Commission had previously agreed upon the sale of the California Theater and
recommended Motions A and B be approved.
Timothy C. Steinhaus, Administrator, Economic Development Agency, commented on the Civic
Light Opera's degree to close escrow on the theater as soon as possible and staffs lack of knowledge in
operating the theater after escrow has closed.
The Commission recommended the item be discussed at 3:00 p.m.
REC&<;SED MEETING
At 11:58 a.m., the meeting of the Mayor and Common Council and the Community Development
Commission recessed until 3:00 p.m.
MEETING RECONVENED
The Joint Regular Meeting of the Mayor and Common Council, the Community Development
Commission and the Joint Powers Financing Authority was reconvened at 4:04 p.m.
ROLL CALL
Roll call was taken with the following members present: Chairman Tom Minor: Commission
Members Edward Negrete; Ralph Hernandez; David Oberhelman; Jerry Devlin; Valerie Pope-Ludlam.
Absent: Commission Members F. J. Curlin and Norine Miller.
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STAFF PRE''lENT
Timothy C. Steinhaus, Administrator, Economic Development Agency; Kenneth J. Henderson,
Executive Director, Development Department; Dennis Barlow, Senior Assistant City Attorney; Lorraine
Velarde, Executive Assistant to the Mayor; Phil Arvizo, Executive Assistant to the Council; Rachel Clark,
City Clerk; Melanie Vale, Deputy City Clerk; La Vonda M-Pearson, Recording Secretary, Development
Department.
OTHERS IN ATTENDANCE
Richard Brooks, The Sun Newspaper; Timothy Sabo, Special Counsel, Sabo and Green.
COMMISSION MEMBER CURLIN ARRIVED AT 4:05 P.M.
CONTINUED FROM JUNE 6, 1994
6. AWARD OF BID - NEW CENTRAL POLICE STA nON
(Community DevelClpment CommissiClnl
Rocco Davis, Chief Investigator, Center for Contract Compliance, spoke against the recommended
motion. He stated that the Center's attorney was reviewing information recently received from the Agency;
therefore, he requested a postponement of any action recommended.
Chairman Minor noted that Senior Assistant City Allorney Barlow was on vacation and unavailable
for comment on lhis item. He emphasized that the Police Station construction must proceed as a delay would
have a severe impact on the overall downtown Superblock. He urged the Commission to act today.
Commission Member Hernandez suggested a cominuance of two weeks to allow time for both sides
attorneys to review legalities and to avoid any potential injunction.
COMMISSION MEMBER NORINE MILLER ARRIVED AT 4:09 P.M.
Discussion ensued regarding the legal issues involved.
COMMISSION MEMBER VALERIE POPE LUDLAM WAS EXCUSED AT 4:16 P.M.
COMMISSION MEMBER VALERIE POPE LUDLAM RETURNED AT 4:17 P.M.
Allan Bogh, Bogh Construction, spoke in favor of approving the form motions.
Joe Perez, Building and Construction Trades, provided comments against the form motion.
Diane Roth, Deputy City Attorney, stated that the City Attorney's Office did not receive anything in
writing relative to the construction project manager position, nor did they receive a request for a legal
opinion.
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Kenneth J. Henderson, Executive Director, Development Deparbnent, provided detailed infonnation
of his conversations with Mr. Davis and Mr. Benson.
Lorraine Velarde, Executive Assistant to the Mayor, noted that she called Mr. Davis to see if she
could be of further assistance; however he was on vacation and did not hear from him until 8:00 a.m. this
morning (6120/94).
Commission Member Hernandez made a motion, seconded by Commission Member Oberhehnan to
continue this item until Friday, June 24, 1994.
The motion carried by the following vote: Ayes: Commission Members Negrete, Curlin, Hernandez,
Oberhehnan, Devlin and Pope-Ludlam. Noes: Commission Member Miller. Abstain: None. Absent:
None.
10. CONTINUATION OF 9/80 WORK WEEK SCHEDULE FOR ECONOMIC
DEVELOPMENT AGENCY
(Community DevelQpment Commission)
Commission Member Oberhelman made a motion, seconded by Commission Member Negrete, to
continue this item until July 5, 1994.
The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin;
Hernandez; Oberhehnan; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None.
12. SAN BERNARDINO CIVIC LIGHT OPERA
(Community Development Commission)
Commission Member Negrete slated he was not informed of the deal points regarding the purchase
agreement.
Commission Member Oberhehnan noted the deal points in the purchase agreement resulted from the
Ad-Hoc Committee's negotiations and, subsequently, a recommendation made to the Commission.
Commission Member Devlin asked where the money would be coming from to purchase the
California Theater.
Commission Member Hernandez said it would be from bond proceeds.
Commission Member Miller advised approaching the purchase of the California Theater cautiously.
She stated that the theater was a fire hazard and she was not prepared to spend $300,000 of the City's money
for its purchase.
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A lengthy discussion ensued relative to the operational management of the California Theater after it
is purchased by the City.
Chairman Minor reminded the Commission that the purchase of the California Theater was
previously approved.
Commission Member Negrete had no reservations on the purchase, but expressed concerns on where
the money would come from and the management of building.
Timothy Steinhaus, Administrator, Economic Development Agency, stated that staff made an
additional recommendation relative to hiring an interim operator to manage the California Theater.
Commission Member Negrete made a motion, seconded hy Commission Member Hernandez to refer
this item to the Redevelopment Committee.
The motion carried by the foUowing vote: Ayes: Commission Members Negrete, Curlin, Hernandez,
Devlin, Pope-Ludlam and Miller. Noes: Commission Member Oberhehnan. None. Abstain: None.
Absent: None.
13. FREEWAY HOME CENTER
(Community Development Commission)
(Redevelopment Committee Recommendation)
Kenneth Henderson, Executive Director, Development Department, sururnarized the staff report for
the Conunission's information.
A lengthy discussion ensued regarding the Freeway Home Center's forecasted profit, vacancy rates,
comparables, absorption rates, economic expectations and location.
Commission Member Oberhelman questioned Mr. Steward on the status of his litigation and related
charges.
AI Steward, Steward and Associates, stated the charges were filed in Riverside County and the
hearing was scheduled for June 26, 1994. He stated that the charges would be dismissed.
Chairman Minor shared his opinion with the Commission on this item and stated the project was a
bad business deal and expressed that he no longer supports adding more money to this project. Additionally,
he indicated that there were pending unresolved legal issues.
Commission Member Hernandez felt that Al Steward was the best developer in the City and
questioned the safeguards of the loan terms.
A lengthy discussion ensued regarding Mr. Steward's personal guarantee on the loan, risk factors to
the Agency versus developer, and the security against the loan.
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Commission Members Negrete, Curlin, Hernandez and Pope-Ludlam commented on their support of
Mr. Steward's capabilities as a developer and the need for the City to rehabilitate the Freeway Home Center.
Discussion ensued regarding the loan's slructure, of risk to the Agency versus developer, and the
process to be taken in the event the loan were to default and property went into foreclosure.
Mr. Steward requested "conceptual" approval of the recommended motion.
Commission Member Pope-Ludlam made a motion, seconded by Commission Member Curlin to
approve the form motion.
Discussion ensued regarding Mr. Steward's assets and financial documentation.
Mr. Henderson stated that Mr. Steward was asked to provide various financial information, but staff
had not received the information requested in order to determine the value of Mr. Steward's assets.
Commission Member Hernandez recommended the form motions be amended to read, "That the
Commission approve 'in conc'<Pt' ...".
Commission Member Pope-Ludlam made a motion, seconded by Commission Member Curlin, to
approve in concept fmancing for the Freeway Home Center project subject to the following deal points:
The Agency to loan directly to Steward and Associates $300,000 for physical rehabilitation,
with $135,000 already advanced as a deposit to be included as a part of the $300,000.
That the Agency guarantee an outside bank loan in the amount of $700,000 for Steward and
Associates in addition to the guarantee of $1.5 million from Valley Bank.
Two-hundred thousand dollars of the above $700,000 will be added to the $1.5 million from
Valley Bank to acquire Freeway Home Center for $1.7 million, with the remaining $500,000
to be ulilized to carry the Center for approximately 18 months at tOOay's interest rates.
The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin;
Hernandez; Pope-Ludlam. Noes: Commission Members Oberhelman; Devlin; Miller. Abstain: None.
Absent: None
COMMISSION MEMBER CURLIN WAS EXCUSED AT 5:40 P.M.
14. CONSTRUCTION MANAGER VS. GENERAL MANAGER
(Community Development Commission)
(Councilman Hernandez's Recommendation)
Connnission Member Hernandez made a motion, seconded by Commission Member Pope-Ludlam,
to refer this matter to the Redevelopment Connnittee.
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The motion carried by the following vote: Ayes: Commission Members Negrete; Hernandez;
Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: Commission Member
Curlin.
15. SAN BERNARDINO CIVIC LIGHT OPERA AGRRRMENT
(Community Development Commission)
(Councilman Hernandez's Recommendation)
Commission Member Hernandez made a motion, seconded by Commission Member Negrete, that
this matter be tabled.
The motion carried by the following vote: Ayes: Commission Members Negrete; Hernandez;
Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: Commission Member
Curlin.
16. ADJOURNMENT
At 5:50 p.m., the meeting of the Mayor and Common CounciVCommunity Development
Commission was adjourned to Tuesday, July 5, 1994 at 11:00 a.m., in the Council Chambers of City Hall,
300 North "0" Street, San Bernardino, California.
Respectfully submitted:
KENNETH J. HENDERSON
Executive Director!
Secretary to the Commission
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