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<:)EDEVELOPMENT COMMITTEE <:>
M I NUT E S
REGULAR MEETING
July 20, 1989
4:10 p.m.
The meeting of the Redevelopment Committee was calleo to order by Chairman
Esther Estrada at 4:10 p.m., in the Redevelopment Agency Conference Room,
Fourth Floor, City Hall, 3UO North "0" Street, San Bernaroino.
ROLL CALL:
Roll call was taken with the following being present: Committee Member
Esther Estrada; Committee Member Jess Flores. Absent: Committee Member
Michael Mauds1ey.
STAFF PRESENT:
Steven H. Dukett, Executive Director, Redevelopment Agency; Arlene S.
Berman, Deputy Director, Redevelopment Agency; John Hoeger, Development
Manager, Redevelopment Agency; John Wood, Project Manager, Redevelopment
Agency; Gary Wagoner, Project Manager; Nancy Davison, Project Manager; John
Wilson, Senior Deputy City Attorney; Phil Arvizo, Executive Assistant to the
Council; Craig Graves, City Treasurer; Andy Green, Finance Department; James
Robbins, Deputy City Administrator; J. Lorraine Velaroe, Chief Executive
Assistant to the Mayor; Mayor W. R. "Bob" Holcomb; Ed Flores, Community
Development; Ken Henderson, Community Development; Margie Vance, Recording
Secretary.
IN ATTENDANCE:
Mr. Marshall Linn, Urban Future, Inc. and Noel Weiss, representin9
Mr. Teong Kay.
A discussion ensueO.
Chairman Estrada stated that there were several items that neeo~d to be
addressed in closed session and that in view of Mayor Holcomb's other
scheduled meeting, she moved to recess the meeting to c1oseo session.
Closed Session
Pursuant to Government Code Section 54956.8 the Redevelopment Committee of
the Community Development Commission/Redevelopment Agency of the City of
San Bernardino will convene in closed session with its negotiator to
discuss the purchase, sale, exchange or lease of real property, and give
instructions to its ne9otiator concernin9 the price ana terms of payment
for the purchase, sale, exchange or lease of real property at 4:13 p.m.
The Committee reconvened from closed session at 5:25 p.m.
RECOMMENDATION:
The Committee recommended this item be forwarded to the Commission at its
meeting of AU9ust 7, 1989 to be heard in Closea Session.
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A discussion ensued.
Chairman Estrada asked for a vote to hear an item regarding "Refinancing
of City Bonds" that arose since the Agenda was posted. The vote carried
unanimously, with Committee Member Maudsley absent.
A. Refinancing of City Bonds
Craig Graves, City Treasurer addressed the Committee and stated that on
June 10, 1989, Mr. James Iverson of Miller and Schroeder Municipals presented
to the Mayor and Common Council a financing plan that concerned collateral
mortgage obligation residuals; refinancing several lease revenue bonds;
refunding and increase of tax allocation bonds. He said that upon his final
review of the initial proposal, he would request that additional debt service
schedules be developed with longer maturity dates to see if a greater
reduction in annual debt service could be achieved, thus lessening the annual
impact on the General Fund.
He stated that this reduction would allow these dollars to be spent in
other areas. He said that the debt service schedules were presented to Mayor
Holcomb and Committee Member Estrada on July 12, 1989. He said that it was
requested that the schedules be reviewed by staff and a recommendation be made
to the Redevelopment Committee at today's meeting. He stated that after he,
together with Mr. Marshall Julian, City Administrator and Andrew Green,
Finance Director reviewed the three major issues 1) the initial savings for
this fiscal year; 2) subsequent annual debt service reduction; and 3) impact
of length of extended debt services, that they have asked for additional
information relative to extending the debt service 10 and 15 years beyond what
the present maturities are. Also, to give the City the debt service schedule,
an extention of five years to see what debt savings would bring.
He stated it was his recommendation that the Central Fire Station Issue of
1982 and the Central Library Issue of 1983 both be refunded with a maturity
date of around 2013. The refunding would give an additional savings in this
fiscal year of $552,000. He said that in subsequent years, the annual cost
would be lowered by an average of $78,000 based on present market conditions.
He stated that after looking at all of the scenarios he felt that this would
work out to the best benefit of the City and provide the most significant
savings factor without a long term extending of debt. He also stated that if
this was agreeable with the Committee, he would like to place this item on the
August 21, 1989 Council Agenda for adoption.
Chairman Estrada expressed concerns that different entities were working
on the same issue and suggested that all parties involved meet and give a
report to the Mayor and Common Council regarding the bond issue.
RECOMMENDATION:
The Committee recommended that a Workshop be scheduled for August 7, 1989
in the Redevelopment Agency Board Room at 12:00 p.m. and requested that
Mr. Jim Iverson, from Miller and Schroeder and Tim Sabo, Bond Counsel and
staff give a presentation regarding bond issues.
c::> Chairman Estrada asked that item seven be taken out of order.
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7. Request to initiate Redevelopment Planning for the Mt. Vernon business
corridor and adjacent areas.
Mr. Dukett addressed the Committee and stated Mr. Marshall Linn, President
of Urban Futures was representing his firm which is being recommended to
receive the contract to carry out the work recommended in the staff report.
He said that staff is asking for three things to be done. First, that a loan
of money be made from the Agency to the City, and then from the City to the
Agency to the benefit of Mt. Vernon Business Corridor Project. He stated that
the reason for doing that is to assure that the loan arrangement is sufficient
to satisfy the County in terms of placing the loan on the Agency's Statement
of Indebtedness. Second, hire a consultant to carry out the work program
described in the contract that is necessary to initiate the redevelopment
planning. Third, form a Citizen Advisory Committee along the lines of what a
PAC would be in the event that a PAC is necessary. He said that in addition
to the community based organizations that Committee Member Flores, Committee
Member Estrada and Mayor Holcomb, should each appoint a member representing
the four categories that are reflected in the staff report.
Chairman Estrada asked if the $250,000 was a normal amount to invest in
the formation of a new project. She further asked how a new project gets
started and wanted to know if the procedure has changed or has it always been
the same.
Mr. Dukett explained that the present redevelopment law has changed and
has become a more detailed process. He said that the recommended approach is
different because it focuses upfront on Citizen Participation. He suggested
that before a recommendation for a survey area is made to the Mayor and Common
Council, preliminary work in the community should be done wherein the citizens
advisory committee come to a consensus on the survey area which might later
become the project area.
Chairman Estrada stated that her understanding was that a survey area and
the project area could be as different as night and day. She said that she
was under the impression that the procedure was going to be some consensus
between the Council Members from those districts relative to what the survey
area ought to be so that they could get the general perimeters of where the
project area might be located. She said that once the survey area has been
declared, then from that area one can select the respective individuals to
participate in the formation of the citizens advisory committee, and that they
would be instrumental in the formation of the project area. She asked what
were the qualifications for the creation of a Project Area Committee (PAC),
Mr. Dukett, said that the Redevelopment Law does not require a specific
number of people to create a PAC. He said that he has asked several attorneys
and their answers have not been specific. In the attorney's opinion the
number of people forming a PAC should be 20 or more low{moderate income people
residing within that area and that anything less, does not provide good
grounds to form one. He said that another aspect of the Redevelopment Law is
that the PAC is only required to be in existence once they are formed, for a
period through the adoption of the plan and 36 months thereafter. He said
that the PAC is a process designed primarily to assure that low/moderate
income people can have some voice as relative to the adoption of the plan. He
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said that after consulting with Mr. Marshall Linn, this process could take 12
months and that the 18 months mentioned in the contract is in case that
something comes up that was not foreseen. He said that it would be best to
work the process out in the community first before bringing 200 people into
the auditorium and have them complain because they think that something is
going to happen even though it may not.
Chairman Estrada stated that the selection of people to create the PAC
does take time. and that once people find out that a Committee is being
formed, it is politically difficult to deal with the constituents. She said
that in terms of expeditiously moving the item, it was her feeling that it
would be faster if the survey area was defined first and then staff can go out
and do what ever needs to be done in preparation for the adoption. She said
that once the survey area has been identified that from that area a committee
would be selected.
Mr. Dukett asked how long it would take to sit down with the three
affected Council Members and suggest a survey area so that staff can be9in the
adoption of the project.
Chairman Estrada said that information already exists and that it would
only take one afternoon to outline the survey area. She said that in terms of
discussion for funding expenses to be incurred, that staff needed to assure
the Commission that the recommended motion is the normal procedure that has
been used before during the adoption of a project area.
Mr. Dukett stated that this particular procedure to his knowledge is the
first time that this has been done. He said it seemed that in the past there
was a procedure of lending funds between projects administratively. He said
that according to Special Counsel, Mark Huebsch, this procedure is not
sufficient. He said that the Agency must exchange checks with the City and
that agreements must be signed, thus, giving the Agency a legal instrument for
the SOl and this would also enable the Agency to get the tax increment money
faster.
Chairman Estrada stated that this is a much cleaner way to do it and in
essence would not deviate from previous practices.
RECOMMENDATION:
The Committee recommended that a meeting be set wherein Committee Member
Estrada, Committee Member Flores and Mayor Holcomb will meet to outline
the potential survey area in preparation for the adoption of the proposed
project area. Also. that staff return with a modified staff report as a
result of the above mentioned meeting.
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C 1. Teong Kay Owner Participation Agreement
Mr. Dukett stated that Mr. Weiss was present at today's meeting and that
he was the attorney for Mr. Teong Kay. He said that the recommendation is for
an Owner Participation Agreement between the Redevelopment Agency, Teong Kay
and Joyce Kay, owners of property located in the Southeast Industrial Park
Project Area. He stated that this property is currently encumbered with a DDA
that was entered into November, 1978, with T.J. Burris Corporation. Mr.
Dukett indicated that Mr. Kay has expressed a desire to develop the property
and has negotiated an agreement to that effect.
RECOMMENDATION:
The Committee recommended that the item be forwarded to the Commission at
its meeting of August 7, 1989 to approve the execution of an Owner
Participation Agreement between the Redevelopment Agency, Teong Kay and
Joyce Kay.
2. Uptown Citizens Advisory Committee (CAC) appointment
Mr. Dukett stated that on March 16, 1989, Carl Oldenkamp, Sr. submitted
his resignation to the Uptown CAC. He represented the Sub Area "B" on the
Committee. He said that pursuant to the Uptown CAC by-laws, if a vacancy
occurs during an existing term, an alternate may fill the vacancy for the
unexpired portion of the term.
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RECOMMENDATION:
The Committee recommended that this item be forwarded to the Commission at
its meeting of August 7, 1989 to approve the appointment of Mr. James
Roger Russell to serve on the Uptown Citizens Advisory Committee to
represent Sub Area "B".
3. Compensation for Commissioners
Mr. Dukett stated that Agency Counsel Dennis Barlow had determined that a
resolution was needed to clarify the amount of compensation Commissioners
receive. He said that the Commission approved the Agency Budget which
includes the Commissioners compensation, but that the Resolution would clarify
any future questions.
RECOMMENDATION:
The Committee recommended that this item be forwarded to the Commission at
its meeting of August 7, 1989 to adopt a formal resolution establishing
compensation for members of the Community Development Commission.
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4. Miles House Restoration
Mr. Gary Wagoner addressed the Committee and stated that while Mr. Jim
Rock was applying for a Conditional Use Permit to move the house, he was
informed by the Planning Department that Municipal Code Section 19.68.100
requires that financial guarantees be provided to secure performance and that
the work be completed within 120 days of issuance of the building permits. He
said that the 120 days is not in conformance with the current DDA, which
specifies that he has until July 1, 1990.
Chairman Estrada asked how much of the required $216,00 financial
guarantee will the Agency actually put out.
Mr. Wagoner responded that the Agency will not put any cash out.
Mr. Dukett stated that instead of Mr. Rock buying a letter of credit or a
bond, the Agency will issue a Irrevocable Letter of Credit (ILC) to the City
in-lieu of a private ILC fully protecting the value of the project. He
further stated that this particular guarantee is not to the lender or to Mr.
Rock but to the City of San Bernardino.
RECOMMENDATION:
The Committee recommended that the item be forwarded to the Commission at
its meeting of August 7, 1989 to authorize the Executive Director to
pledge Agency assets in a form acceptable to the Planning Director
guaranteeing the performance of Jim Rock, in connection with moving the
Miles House pursuant to Me Sec. 19.68.100.
5. Expenditure of funds for improvements to Seccombe Lake Park --
Enhancement of Environment -- Central City East.
Mr. Dukett said that this item had been referred by the Commission to the
Redevelopment Committee for consideration due to the lack of money in the
General Fund. He stated that a contract in the amount of $27,058 was
recommended for the purpose of improving Seccombe Lake Park. He said that
staff had been informed prior to the meeting that $100,000 has been placed
back into the General Fund and that funds are now available to fund this
project.
Chairman Estrada asked if the Agency had funds available for this purpose,
Mr. Dukett responded that the Accounting Department had confirmed that
there are funds available for this project. He said that if it was the desire
of the Committee to move ahead with the recommendation for Agency funds, the
appropriate benefit resolutions would be prepared for the Commission meeting
of August 7, 1989.
RECOMMENDATION:
The Committee recommended that both the City option and the Agency option
be placed in the Agenda for the Commission to make a determination as to
who will fund the project at its meeting of August 7, 1989.
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6. National Development Council -- Consultant Agreement Renewal
Mr. John Hoeger addressed the Committee and stated that on August 1988,
Mr. Scott Rodde from the National Development Council (NDC) had been before
the Committee to talk about his services. He stated that Mr. Rodde has helped
the Agency primarily with the preparation of UDAG and EDA grants. He said
that as HUD's UDAG program is phased out, it is anticipated that the need for
NDC's specialized services as "mortgage bankers" for public agencies will
become even more important over the next year. He stated that Mr. Rodde
assisted in the preparation of the UDAG application for the Court & "E" Street
and Sunset Project. He said that staff has not been able to find anyone else
that can compete with his type of services.
Chairman Fstrada expressed her concern as to the lack of information staff
has provided the Committee relative to what NDC actually does or what it has
done or what it will do in the future to justify the $50,000 contract.
RECOMMENDATION:
The Committee recommended that this item be forwarded to the Commission at
its meeting of August 7, 1989 and to invite Mr. Scott Rodde to the meetin9
in order that he might give a brief overview of what he accomplished last
year and what he foresees the next year will brin9.
8. Sunwest ProfessiDna1 Park Court & "E" Street -- (UDAG applications)
Mr. Dukett stated that this item was an overview of the UDAG application
that will be discussed at the Public Hearing on July 24, 1989.
RECOMMENDATION:
The Committee recommended that this item be forwarded to the Commission
meeting of July 24, 1989 in order to hold a Public Hearing.
9. CATV Lease
Mr. Dukett stated the Cable Access Television (CATV) has approached staff
to request that they be allowed to increase their space from 1383 to 4006
square feet at their facility in the Public Enterprise Center (PEC). He said
that the terms of the lease agreement will remain the same as in the ori9inal
lease except for the expansion of space and for a clause that provides for a
rent increase to $1.10 per square foot during next budget cycle (1990-1991).
He said that this item has been discussed with the Task Force and that they do
not view this expansion as any problem. He said, the expansion of the CATV
function will be a furtherance of an asset to the building relative to
business activity.
RECOMMENDATION:
The Committee recommended that this item be forwarded to the Commission at
its meeting of August 7. 1989 to approve the first amendment to the lease
by and between the Redevelopment Agency of the City of San Bernardino and
the City of San Bernardino.
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<::) Adjournment
There being no further business, the meeting of July 20, 1989 was
adjourned at 6:50 p.m.
APPROV ED BY:
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