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MAYOR AND COMMON COUNCIL
THE COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
AND THE
JOINT POWERS FINANCING AUTHORITY
MINUTES
REGULAR MEETING
August 20, 1990
11:20 a.m.
The Community Development Commission/Redevelopment Agency meeting
was called to order at 11:25 a.m., on Monday, August 20, 1990, in the
Council Chambers, City Hall, 300 North "0" Street, San Bernardino,
California, by Vice-Chairwoman Esther Estrada.
ROLL CALL
Roll call was taken with the following being present: Commission
Members Jack Reilly, Michael Maudsley, Tom Minor, Valerie Pope-Ludlam,
Esther Estrada. Absent: Members Jess Flores, Norine Miller, Chairman.
W.R. Holcomb.
STAFF PRESENT
Robert J. Temple, Acting Executive Director, Redevelopment Agency;
John Hoeger, Development Division Manager, Redevelopment Agency; Shauna
Edwins, City Administrator; Dennis A. Barlow, Senior Assistant City
Attorney; Rachel Krasney, City Clerk; Kimberly King, Recording Secretary.
Public Comments on Items not on the Agenda. There were none.
1. Community Development Commission Minutes.
Commission Member Pope-Ludlam made a motion, seconded by Commission
Member Reilly, to approve the minutes of June 11, 1990, July 2, 1990 and
August 6, 1990 of the Community Development Commission of the City of San
Bernardino, as submitted in typewritten form.
The motion carried by the following vote: Ayes: Commission Members
Reilly, Maudsley, Minor and Pope-Ludlam, Estrada. Noes: None.
Abstain: None. Absent: Commission Members Jess Flores and Norine Miller.
2.
Redevelopment Committee Minutes.
Commission Member Pope-Ludlam made a motion, seconded by Commission
Member Reilly, to approve the minutes of June 21, 1990 of the Community
Development Commission of the City of San Bernardino, as submitted in
typewritten form.
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August 20, 1990
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<:) The motion carried by the following vote: Ayes: Commission Members
Reilly, Maudsley, Minor, Pope-Ludlam, Estrada. Noes: None. Abstain:
None. Absent: Commission Members Jess Flores and Norine Miller.
3. Joint Powers Financing Authority.
Commission Member Pope-Ludlam made a motion, seconded by Commission
Member Reilly, to approve the the regular meeting of the Joint Powers
Financing Authority be continued to Monday, September 17, 1990.
The motion carried by the following vote: Ayes: Commission Members
Estrada, Reilly, Maudsley, Minor, Pope-Ludlam. Noes: None. Abstain:
None. Absent: Commission Members Flores and Miller.
4. Requests for Qualifications for Financial and Economic Analysis.
Commission Member Pope-Ludlam made a motion, seconded by Commission
Member Reilly, to approve the attached agreements with Wood-Husing and
Associates, The Nate1son Company, Inc, and Agajanian and Associates for
financial/economic consulting services.
The motion carried by the following vote: Ayes: Commission Members
Estrada, Reilly, Mauds1ey, Minor, Pope-Ludlam. Noes: None. Abstain:
None. Absent: Commission Members FLores and Miller.
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5. Doane Products Company Project Industrial Development Note of 1982,
First Amendment to the Project Agreement.
Mayor and Common Council
Resolution No. 90-363
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A FIRST AMENDMENT TO PROJECT AGREEMENT AMONG THE CITY OF SAN
BERNARDINO; DOANE PRODUCTS COMPANY; FIRST INTERSTATE SANK OF TEXAS,
N.A.; FIRST NATIONAL BANK AND TRUST COMPANY OF JOPLIN; AND WELLS
FARGO BANK, NATIONAL ASSOCIATION, RELATING TO THE INDUSTRIAL
DEVELOPMENT REVENUE NOTES OF 1982.
Council Member Pope-Ludlam made a motion, seconded by Council Member
Reilly, to adopt the resolution.
The motion carried by the following vote: Ayes: Council Members,
Estrada, Reilly, Maudsley, Minor, Pope-Ludlam. Noes: None. Abstain:
None. Absent: Council Members Flores, Miller.
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August 20, 1990
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6. Dorothy Ingram Library Lease.
Mayor and Common Council
RESOLUTION NO. 90-364
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A LEASE BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO AND THE CITY OF SAN BERNARDINO RELATING TO THE
DOROTHY INGRAM LIBRARY.
Council Member Pope-Ludlam made a motion, seconded by Council Member
Reilly, to adopt the resolution .
The motion carried by the following vote: Ayes: Council Members
Estrada, Reilly, Mauds1ey, Minor, Pope-Ludlam. Noes: None. Abstain:
None. Absent: Council Member Flores, Miller.
Community Development Commission
Motion: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A LEASE FOR THE DOROTHY INGRAM LIBRARY.
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Commission Member Pope-Ludlam made a motion, seconded by Commission
Member Reilly, to adopt the resolution.
The motion carried by the fo11owin9 vote: Ayes: Commission Members
Estrada, Reilly, Mauds1ey, Minor, Pope-Ludlam Noes: None. Abstain:
None. Absent: Commission Membrrs Flores, Miller.
7. Benefit Resolutions for the Acquisition of certain property
for Police Department expansion and related parking facilities.
Mayor and Common Council
RESOLUTION NO. 90-365
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE
BENEFIT.TO THE STATE COLLEGE REDEVELOPMENT PROJECT AREA.OF THE
ACQUISITION OF CERTAIN PROPERTY FOR POLICE DEPARTMENT EXPANSION AND
RELATED PARKING FACILITIES.
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Council Member Minor made a motion, seconded by Council Member
Reilly to adopt the resolution.
The motion carried by the following vote: Ayes: Council Members
Estrada, Reilly, Mauds1ey, Minor, Pope-Ludlam. Noes: None. Abstain:
None. Absent: Council Members Flores, Miller.
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AU9ust 20, 1990
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Community Development Commission
RESOLUTION NO. '5259
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT
TO THE STATE COLLEGE REDEVELOPMENT PROJECT AREA OF THE ACQUISITION
OF CERTAIN PROPERTY FOR POLICE DEPARTMENT EXPANSION AND RELATED
PARKING FACILITIES.
Commission Member Minor made a motion. seconded by Commission Member
Reilly. to adopt the resolution.
The motion carried by the following vote: Ayes: Commission Members
Estrada. Reilly. Maudsley. Minor~ Pope-Ludlam. Noes: None. Absent
Commission Members Flores. Miller.
COMMISSION MEMBER NORINE MILLER ARRIVES.
'8. Benefit Resolution for the Acquisition of City Equipment
Community Development Commission
RESOLUTION NO. 5260
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO.' MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT
OF THE PROVISION OF CERTAIN EQUIPMENT ITEMS FOR VARIOUS
REDEVELOPMENT PROJECT AREAS OF THE CI:Y.
Commission Member Reilly made a motion. seconded by Commission
Member Minor to adopt the resolution.
The motion carried by the following vote: Ayes: Commission Members
Estrada. Reilly. Maudsley. Minor. Pope-Ludlam. Miller. Noes: None.
Abstain: None. Absent: Commission Member Flores.
9. H.A.B. Development Corporation Loan Request.
Community Development Commission
Commission Member Pope-Ludlam made a motion. seconded by Commission
Member Miller. that the Executive Director be authorized to execute the
attached Owner Participation Agreement and such documents as are required
for its implementation.
The motion carried by the following vote: Ayes: Commission Members
Estrada. Reilly. Maudsley. Minor. Pope-Ludlam. Miller. Noes: None.
Abstain: None. Absent: Commission Member Flores.
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August 20. 1990
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<:) At 11:27 a.m., Vice-Chairwoman Estrada recessed the Community
Development Commission to Closed Session, for the following:
b.
to confer .with the attorney regarding pending litigation
pursuant to Government Code Section 54956.9 (b)(l), as there is
significant exposure to litigation;
to confer with the attorney regarding pendin9 litigation
pursuant to Government Code Section 54956.9 (c), so that the
Commission may decide whether to initiate litigation;
to give instruction to the Commission's negot~ator on the
purchase of property pursuant to Government Code Section
54956.8. The real property which the negotiations concern is
generally located at: Boulder and Highland Avenue,
negotiations are with the Owners of record.
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d.
MEETING RECONVENED
At 12:20 p.m., the Community Development Commission/Redevelopment
Agency was reconvened.
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11 . Adjournment
Vice-Chairwoman Estrada adjourned to Thursday, August 23, 1990, at
3:30 p.m., at the Redevelopment Agency Board Room, 300 North "0" Street,
Fourth Floor, San Bernardino, California.
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August 20, 1990
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MAYOR AND COMMON COUNCIL
THE COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNAROINO
MINUTES
JOINT ADJOURNED REGULAR MEETING
August 23, 1990
3:36 p.m.
The Joint Adjourned Regular Meeting of the Mayor and Common Council
and the Community Development Commission/Redevelopment Agency meeting was
called to order at 3:36 p.m., on Thursday, August 23, 1990, in the
Rede,velopment Agency Board Room, 300 North "0" Street, Fourth Floor San
Bernardino, California, by Chairman W.R. Holcomb. .
ROLL CALL
Roll call was taken with the following being present: Commission
Members Jack Reilly, Michael Maudsley, Tom Minor, Esther Estrada, Norine
Mi ller.
STAFF PRESENT
Robert J. Temple, Acting Executive Director, Redevelopment Agency;
John Hoeger, Development Division Manager, Redevelopment Agency; Shauna
Edwins, City Administrator; Dennis A. Barlow, Senior Assistant City
Attorney; Rachel Krasney, City Clerk; Lorraine Velarde, Executive
Assistant to the Mayor; Kimberly King, Recording Secretary.
Public Comments on Item~ not on'the Agenda. There were none.
The City Clerk read the titles of the resolutions.
2. Central City Promenade Industrial Development Revenue Bonds, Series
1984A Extension of Due Date.
Mayor and Common Council
RESOLUTION NO. 90-366
Motion (A):
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
AMENDMENT NO. THREE TO THE LOAN AGREEMENT REGARDING
CENTRAL CITY PROMENADE. '
Council Member Miller made a motion, seconded by Council Member.
Estrada, to adopt the resolution.
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August 23, 1990
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The motion carried by the following vote: Ayes: Members Estrada,
Reilly, Minor, Miller, Maudsley. Noes: None. Abstain: None. Absent:
Members Flores, Pope-Ludlam.
RESOLUTION NO. 90-367
Motion (B):
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF SUPPLEMENTAL
NO. THREE TO THE INDENTURE RELATING TO CENTRAL CITY
PROMENADE.
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Council Member Miller made a motion, seconded by Council Member
Estrada, to adopt the resolution.
The motion carried by the following vote: Ayes: Members Estrada,
Reilly, Minor, Miller, Maudsley. Noes: Noes. Abstain: None. Absent:
Members Flores, Pope-Ludlam.
Commissioner Estrada expressed concern for the Mt. Vernon Corridor
Taxing Agreements. Due to the negotiation session with the County of .San
Bernardino, the proposal that the County of San Bernardino brought forth
was not acceptable. The negotiations went on further with an offer
submitted by the Redevelopment Agency, which seemed to be more palatable
to the County, with the indication that the County would be back in
contact with the Redevelopment Agency within the next day to form an
agreement.
Commissioner Estrada left the meeting due to an urgent phone call.
Robert Temple, Redevelopment Agency, left meeting due to important phone
call. -
Commissioner Estrada returned to meeting at 3:48 p.m.
Robert Temple, Redevelopment Agency, returned to meeting at 3:53 p.m.
Mr. Temple stated that the Agency just received a counter offer from
the County of San Bernardino, which he considered very optimistic at this
time. Mr. Temple went on to say that he stated to Mr. Harry Mays of the
County of San Bernardino, that he would report this information to the
Commission at this time.
Mr. Temple stated that there was no time left for negotiations
because the end of the 60 day validation period is tomorrow, and his
expectation would be that the County would file a legal action for
purposes of protection.
Discussion ensued.
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Chairman W.R. Holcomb suggested not to resolve it at the Commission
Meeting, but to go to close session at the Redevelopment Committee
meeting to discuss the possible litigation standpoint.
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August 23, 1990
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Commission Member Estrada stated for the record that with her
discussions with Supervisor Hammock and the County of San Bernardino that
she is disappointed that given the time that they have had to negotiate
on this, that the agreements have not been completed by now.
Mr. Temple stated that in regards to possible litigation, he has run
some computer simulations on the growth rate, and over a 41 year period,
with a compounded annual average rate of 5%, he had a hard time coming up
with a scenario that would get an average annual rate of 7-1/2% over a 30
year period let alone a 41 year period. Mr. Temple went on to say that
he hopes that if the Commission does not come to an a~reement within the
validating time period, this offer or any other offer should be off the
table. If the Commission is forced into an action with the County of San
Bernardino, the Commission should not be entering into settlement
discussion at this time, but should wait to see what transpires during
the next several days.
Mr. Dick Churchwell of the Mt. Vernon Project Area Committee, stated
that he has some problems with delaying the project at any time. He
feels strongly that Mr. Mays and Mr. Hammock have been irresponsible in
their time to negotiate. Mr. Churchwell .went on to say that he has
additional concerns. In the meantime there are several projects in the
Planning Department in the Mt. Vernon area, and if those projects are put
into effect, then trying to tie the theme together in the Mt. Vernon
Corridor should prove to be quite difficult.
Mr. Randy Wyatt of the Mt. Vernon Project Area Committee asked, if
the Commission does go ahead with the agreement, can the Project Area
Committee still work on a specific plan for the Mt. Vernon Corridor.
Chairman Holcomb stated that they could in f:ct move forward.
Mr. Wyatt stated that Mr. Barlow mentioned that the legal action
would be favorable to the Commission, and asked what would decide the
action to be in favor of the Commission.
Mr. Barlow replied that it is very apparent that the Mt. Vernon
Corridor is a blighted area.
Mr. Temple stated that he does not know if the County has already
filed a legal action at this point, and the Commission has no reason to
believe that that is the case. The Commission has a counter offer, and
that good faith negotiations and intergovernmental relations require that
until the Commission has decided that an agreement would not be forth
coming, or until an action is filed, that it is premature to discuss this
any further.
Mr. Temple recommended the Commission take action and adopt Motions
A thru H and delete I at this time, then adjourn to a time tomorrow to
discuss the agreement further.
Chairman Holcomb disagreed, and stated that this is not an urgency
item. Chairman Holcomb went on to say that he was going to meet with
Harry Mays of the County of San Bernardino next week and would try to
come to some agreement.
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~~~~~t 23, 1990
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1. Mt. Vernon Corridor Taxing Agreements.
Council Member Estrada made a motion, seconded by Council Member
Miller, as follows:
MOTION: (a) To approve and authorize the Chairman, on behalf of the
Community Development Commission, to ex~cute an agreement
by and between the San Bernardino Valley Municipal Water
District (Mt. Vernon Corridor Redevelopment Project) and;
MOTION: (b). To approve and authorize the Chairman, on behalf of the"
Community Development Commission, to execute an agreement
by and between the Community Development Commission of the
City of San Bernardino and the San Bernardino Unified
School District (Mt Vernon Corridor Redevelopment Project)
and;
MOTION: (c) To approve and authorize the Chairman, on behalf of the
Community Development Commission, to execute an agreement
by and between the Community Development Commission of the
City of San Bernardino and the Rialto Unified School
District (Mt. Vernon Corridor Redevelopment Project) and;
To approve and authorize the Chairman, on behalf of the
Community Development Commission, to execute an agreement
by and between the Community Development Commission of the
City of San Bernaridno and the and the Colton Joint
Unified School District (Mt. Vernon Corridor Redevelopment
Project) and;
MOTION: (d)
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MOTION: (e)
MOTION: (f)
MOTION: (g)
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To approve and authorize the Chairman, on behalf of the
Community Development Commission, to execute an agreement
by and between the Community Development Commission of the
City of San Bernardino and the Community College District
(Mt. Vernon Corridor Redevelopment Project) and;
To approve and authorize the Chairman, on behalf of the
Community Development Commission, to execute an agreement
by and between the Community Development Commission of the
City of San Bernardino and the Superintendent of Schools
(Mt. Vernon Corridor Redevelopment Project) and;
To approve and authorize the Chairman, on behalf of the
Community Development Commission, to execute an agreement
by and between the Community Development Commission of the
City of San Bernardino and the West End Resource
Conservation District (Mt. Vernon Corridor Redevelopment
Project) and;
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August 23., 1990
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MOTION: (h)
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To approve and authorize the Chairman, on behalf of the
Community Development Commission, to execute an agreement
by and between the Community Development Commission of the
City of San Bernardino and the East Valley Water
Conservation District (Mt. Vernon Corridor Redevelopment
Proj ect ) .
The motion carried by the following vote: Ayes: Council Members
Reilly, Maudsley, Minor and Miller, Estrada. Noes: None. Abstain:
None. Absent: Council Members Flores and Pope-Ludlam.
Adjournment
Commission Member Estrada made a motion, second by Commission Member
Miller, to adjourn to Wednesday, September 5 , 1990, at 11:00 a.m., at
the Council Chambers, City, Hall, 300 North "D" Street, San Bernardino,
California.
5.
August 23, 1990