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HomeMy WebLinkAboutBook 30 09/09/85 - 06/16/866541 COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO M I N U T E S REGULAR MEETING SEPTEMBER 9, 1985 The Community Development Commission/Redevelopment Agency meeting was called to order at approximately 2:05 p.m., by Chairman Wilcox. ROLL CALL Roll call was taken with the following being present: Chairman Wilcox; Members Esther Estrada; Jack Reilly; Steve Marks; Dan Frazier; Jack Strickler. Absent: Members Ralph Hernandez; Gordon Quiel. STAFF PRESENT Glenda Saul, Executive Director; Ken Henderson, Community Development Manager; Sandy Lowder, Redevelopment Manager; Allen Briggs, Agency Counsel; Timothy J. Sabo, Agency Bond Counsel; Leslie Orr, Transcribing Secretary. APPROVAL OF MINUTES - COMMUNITY DEVELOPMENT COMMISSION (1) Member Marks made a motion to amend the minutes of August 19, 1985, pertaining to Items 6, 10 and 13. The following are the suggested amendments: Item 6. Operation Second Chance: Change the date for receipt of the verbal report from Ways and Means Committee in relation to past due lease payments from September 9, 1985 to August 26, 1985. Item Number 10. Beautification Pro ram: That any applicant requesting more than 5,000 must come before the Council for approval of application. Any requested amount not exceeding $5,000 to go before the Redevelopment Committee £or approval, with the proviso that Council have any and all information pertaining to that particular applicant. (Member Ralph Hernandez arrived and took his place at the Council Table.) 13. Inducement Resolution - Multiiamily Mortgage Revenue Bona: When addressing this particular project to note that it is a en Housing Project. Member Marks made a motion, seconded by Member Reilly that the minutes of August 19, 1985 be approved as amended. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. -1- 9-9-85 6542 APPROVAL OF MINUTES - REDEVELOPMENT COMMITTEE (2a and 2b) Member Strickler made a motion, seconded by Member Marks to receive and file the Redevelopment Committee minutes of August 15, 1985 (2a). The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. Member Strickler made a motion, seconded by Member Reilly to receive and file the Redevelopment Committee minutes of August 20, 1985 (2b). The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier: Strickler. Noes: None. Absent: Member Quiel. (Councilman Gordon Quiel arrived at approximately 2:15 and took his place at the Council Table.) OPERATION SECOND CHANCE (3) A) (MAYOR AND COMMON COUNCIL) RESOLUTION NUMBER 85-343 OF THE CITY OF SAN BERNARDINO AUTHORIZING ' AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO LEASE WITH OPERATION SECOND CHANCE, INC., RELATING TO THE LEASE OF A PORTION OF 1505 WEST HIGHLAND AVENUE, SAN BERNARDINO, FOR LIBRARY PURPOSES, AND ,.~ AUTHORIZING FINANCE DIRECTOR TO MAKE PAYMENTS DUE UNDER LEASE TO REDEVELOPMENT AGENCY FOR CREDIT TO OPERATION SECOND CHANCE, INC. The City Clerk read the title of the proposed resolution. Member Frazier made a motion, seconded by Member Reilly that further reading of the resolution be waived and that said resolution be adopted. Resolution Number 85-343 was adopted by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Quiel; Frazier; Strickler. Noes: None. Absent: None. B) (COMMUNITY DEVELOPMENT COMMISSION) RESOLUTION NUMBER 4793 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF A FIRST AMENDMENT TO LAND LEASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND OPERATION SECOND CHANCE, INC., AND REPEALING RESOLUTION N0. 4567. The City Clerk read the title of the proposed resolution. Member Frazier made a motion, seconded by Member Reilly that further reading of the resolution be waived and that said resolution be adopted. -2- 9-9-85 6543 Resolution Number 4793 was adopted by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Quiel; Frazier; Strickler. Noes: None. Absent: None. OPA - RUSS HATLE - SC. (4) A) (COMMUNITY DEVELOPMENT COMMISSION) (REDEVELOPMENT COMMITTEE RECOMMENDATION) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF A FIRST AMENDMENT TO OWNER PARTICIPATION AGREEMENT WITH LOCUS PARTNERS LIMITED, AND REPEALING RESOLUTION N0. 4768. B) (COMMUNITY DEVELOPMENT COMMISSION) INSTRUCT STAFF TO BEGIN NEGOTIATIONS WITH RUSS HATLE FOR APPRAISAL AND RE-ACQUISITION OF PROPERTY LOCATED IN STATE COLLEGE INDUSTRIAL PARK. The City Clerk read the title of the resolution and form motion. Member Quiel made a motion, seconded by Member Frazier to waive further reading of the resolution and that resolution under 4-A be adopted. Member Marks inquired at this point about the re-purchasing arrangement. Glenda Saul, Executive Director for the Redevelopment Agency, and Allen R. Briggs, Agency Counsel, explained that the Agency has the option to repurchase in the event of default. Ms. Saul further explained that adoption of resolution "A" delayed the is-lieu tax provision to January 1988. Mr. Briggs informed the Council that the present agreement does not have an in-lieu tax provision. Member Hernandez requested staff and agency counsel to investigate the legality of developer speculation and/or profit and report back to the Council. At this time, Mr. Briggs requested that this matter be delayed until he could obtain his file with more specific information on the development. Council granted the request. ACCEPTING TRANSFER OF IDB ALLOCATIONS: PALGS VERDES ESTATES FAIRFAX PACIFICA 5 A) (MAYOR AND COMMON COUNCIL) RESOLUTION NUMBER 85-344 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ACCEPTING THE TRANSFER TO THE CITY OF SAN BERNARDINO OF A PORTION OF THE CALENDAR YEAR 1985 PRIVATE ACTIVITY BOND LIMIT OF THE CITY OF PALOS VERDES ESTATES, CALIFORNIA. The City Clerk read the title of the resolution. 9-9-85 -3- 6544 Member Quiel made a motion, seconded by Member Hernandez to waive further reading of the resolution and that said resolution be adopted. Resolution Number 85-344 was adopted by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Quiel; Frazier; Strickler. Noes: None. Absent: None B) RESOLUTION N0. 85-345 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACCEPTING THE TRANSFER TO THE CITY OF SAN BERNARDINO OF A PORTION OF THE CALENDAR YEAR 1985 PRIVATE ACTIVITY BOND LIMIT OF THE CITY OF FAIRFAX, CALIFORNIA. The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Hernandez to waive further reading of the resolution and that said resolution be adopted. Resolution Number 85-345 was adopted by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Quiel; Frazier; Strickler. Noes: None. Absent: None C) RESOLUTION NUMBER 85-346 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACCEPTING THE TRANSFER TO THE CITY OF SAN BERNARDINO OF A PORTION OF THE CALENDAR YEAR 1985 PRIVATE ACTIVITY BOND LIMIT OF THE CITY OF PACIFICA, CALIFORNIA. The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Hernandez to waive further reading of the resolution and that said resolution be adopted. Resolution Number 85-346 was adopted by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Quiel; Frazier; Strickler. Noes: None. Absent: None TEFRA PUBLIC HEARING MULTIFAMILY MORTGAGE REVENUE BOND - CASTLEBAR PROJECT (6) This is the time and place set for a public hearing to make certain findings and determinations in connection with the issuance of approximately $22,000,000 principal amount of Multifamily Mortgage Revenue Bonds (Castlebar Project) located near the southwest comer of the intersection o£ College Ave and Varsity Drive, bounded on the southwest by Interstate 15E freeway, San Bernardino. Mayor Wilcox officially declared the public hearing opened and invited the public to speak to this issue. Member Quiel made a motion, seconded by Member Strickler to close the public hearing. '4' 9-9-85 6545 The motion carried by the following vote: Ayes: Member Estrada; Reilly; Hernandez; Marks; Quiel; Frazier; Strickler. Noes: None. Absent: None. RESOLUTION NUMBER 85-347 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $22,000,000 PRINCIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVENUE BONDS (CASTLEBAR PROJECT). The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Reilly, that further reading of the resolution be waived and adopted. Member Marks asked that the motion be amended to waive only. The maker of the motion and the second agreed to the waive only request. The motion carried by the following vote: Members Estrada; Reilly; Hernandez; Marks; Quiel; Frazier; Strickler. Noes: None. Absent: None. Executive Director, Glenda Saul, answered questions concerning density bonus provisions and bond financing. Discussion was held regarding the affordability for low/moderate income households of 20% of the units of this project. Mayor Wilcox asked for a motion to adopt. Member Quiel made a motion, seconded by Member Reilly, to adopt said resolution. Resolution Number 85-347 was adopted by the following vote: Ayes: Members Estrada; Reilly; Quiel; Frazier; Strickler. Noes: Members Hernandez; Marks. Absent: None. PUBLIC HEARING - TEFRA, REFUNDING 1984 INDUSTRIAL DEVELOPMENT BONDS - RIO BERNARD, ANDRESON BUILDING PROJECT (7) This is the time and place set for a Public Hearing to consider the request of Rio Bernard of the Andres on Building project, located at 320 "E" Street, to refund the issuance of an Industrial Development Bond in the amount of 5.9 million dollars which was sold in December, 1984, in order to reduce the interest rate. Glenda Saul provided a recap of the 1984 Industrial Development Bonds issued £or this project. Mayor Wilcox officially declared the public hearing open and invited the public to speak to this issue. Member Strickler pointed out that in the staff report attached to the agenda item, it was written that the City sold an Industrial Development Bond for the Andreson Building project, under the name Rio Bernard, for 4.9 million dollars, and that upon further reading of the staff report that figure was changed to 5.9 million. 9-9-85 -5- 6546 Glenda Saul pointed out that this was a typographical error and that the correct figure was 5.9 million. # Mayor Wilcox asked for a motion to close the hearing. Member Strickler made the motion to close the public hearing, seconded by Member Reilly. The motion was carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Quiel; Frazier; Strickler. Noes: None. Absent: None. RESOLUTION NUMBER 85-348 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE BY THE CITY OF ITS "CITY OF SAN BERNARDINO, INDUSTRIAL DEVELOPMENT REFUNDING BONDS, SERIES 1985 (ANDRESON BUILDING PROJECT)" AND MAKING CERTAIN DETERMINATIONS RELATING THERETO (TEFRA). The City Clerk read the title of the resolution. Member Strickler made a motion, seconded by Member Quiel to waive further reading of the resolution and that said resolution be adopted. Resolution Number 85-348 was adopted by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Quiel; Frazier; Strickler. Noes: None. Absent: None. EXTENSION OF IDB ALLOCATION - KCKC PROJECT (8) RESOLUTION NUMBER 85-349 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO EXTENDING THE TERM OF AN ASSIGNMENT OF ALLOCATION FOR PRIVATE ACTIVITY BONDS (KCKC BUILDING PROJECT). Member Strickler made a motion, seconded by Member Quiel, to waive further reading of the resolution and that said resolution be adopted. Resolution Number 85-349 was adopted by the following vote: Ayes: Estrada; Reilly; Hernandez; Marks; Quiel; Frazier; Strickler. Noes: None. Absent: None. (Member Frazier left the meeting) APPROVING THE ISSUANCE OF IDB BY THE INDUSTRIAL DEVELOPMENT AUTHORITY - FOOD RESOURCES, INTERNATIONAL, INC. 9 (Member Frazier returned to the meeting and took his place at the Council table.) RESOLUTION NUMBER 85-350 OF THE MAYOR AND COMMON COUNCLL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSUANCE BY THE CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT AUTHORITY OF ITS CITY OF SAN BERNARDINO INDUSTRIAI. DEVELOPMENT AUTHORITY, INDUSTRIAL DEVELOPMENT REVENUE BONDS, FOOD RESOURCES INTERNATIONAL, INC., PROJECT, ISSUE OF 1985 AND THE 9-9-85 -6- 6547 PROJECT TO BE FINANCED THEREBY, MAKING CERTAIN FINDINGS AND DETERMINATIONS AND SETTING A PUBLIC HEARING RELATING THERETO (FOOD RESOURCES INTERNATIONAL, INC., PROJECT). The City Clerk read the title of the resolutlon. Discussion ensued between Member Hernandez and Agency Counsel regarding agenda items 9 and 10. Clarification was requested relative to proposed actions on agenda item 9 as the Mayor and Common Council and on agenda item 10 as the Industrial Development Authority. Member Quiel made a motion, seconded by Member Marks, to waive further reading of the resolution. The motion carried by the following vote: Members Estrada; Reilly; Hernandez; Marks; Quiel; Frazier; Strickler. Noes: None. Absent: None. Attorney, Timothy J. Sabo, Bond Counsel for the Redevelopment Agency, explained the sequence of actions required to approve the issuance of the Industrial Development Revenue Bonds. Member Marks made a motion, seconded by Member Strickler, to adopt said resolution. Resolution Number 85-350 was adopted by the following vote: Members Estrada; Reilly; Hernandez; Marks; Quiel; Frazier; Strickler. Noes: None. Absent: None. APPROVING THE APPLICATION FOR IDB FINANCING - FOOD RESOURCES INTERNATIONAL, INC. 10 RESOLUTION NUMBER 85-6 OF THE CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT AUTHORITY APPROVING THE APPLICATION FOR FINANCING AND RATIFYING CERTAIN ACTIONS BY THE AUTHORITY STAFF IN CONNECTION WITH THE REVIEW BY THE CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ADVISORY COMMITTEE REGARDING THE FINANCING OF A CERTAIN PROJECT WITHIN THE CITY OF SAN BERNARDINO, CALIFORNIA (FOOD RESOURCES INTERNATIONAL, INC., PROJECT). The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Marks, to waive further reading of the resolution and that said resolution be adopted. Resolution Number 85-6 was adopted by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Member Frazier. INDUCEMENT RESOLUTION - SIMA PARTNERSHIP NUMBER TWO PROJECT (11) RESOLUTION NUMBER 85-7 OF THE CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMINT AUTHORITY REGARDING THE FINANCING OF A CERTAIN PROJECT WITHIN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND MAKING CERTAIN FINDINGS AND 9-9-85 -7- 6548 DETERMINATIONS IN CONNECTION THEREWITH (SIMA PARTNERSHIP NUMBER TWO PROJECT). The City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Quiel, to waive further reading of resolution and that said resolution be adopted. Resolution Number 85-7 was adopted by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Member Frazier. CONTRACT FOR BOND COUNSEL SERVICES - SIMA II PROJECT WITH THE FIRM OF BROWN, WOOD, IVEY, MITCHELL AND PETTY (12) AUTHORIZE CHAIRMAN OF INDUSTRIAL DEVELOPMENT AUTHORITY TO EXECUTE THE AGREEMENT AUTHORIZING THE FIRM OF BROWN, WOOD, IVEY, MITCHELL AND PETTY TO ACT AS BOND COUNSEL FOR THE AUTHORITY PERTAINING TO THE SIMA II INDUSTRIAL PROJECT. The City Clerk read the form motion. Member Marks made a motion, seconded by Member Quiel to approve the form motion. The motion carried by the following vote: Ayes: Members Reilly; Quiel; Frazier; Strickler. Noes: Members Estrada; Marks; Hernandez. Absent: None. At this point in time, the Mayor asked Agency Counsel i£ he had obtained his information pertaining to Item 4. (OPA - RUSS HATLE - SC. (4)) The Executive Director and Agency Counsel explained the conditions under which the Agency would be required to re-purchase the property from Mr. Hatle. Mr. Briggs also explained that the Agency could exercise the option to sue for damages in the event the Agency repurchased the property. Ms. Saul stated that the January 1988 date was used because the developer has three (3) years in which to utilize the Industrial Development Bond issued. Resolution 4794 was adopted by the following vote: Ayes: Members Reilly; Quiel; Frazier; Strickler. Noes: Members Estrada; Hernandez; Marks. Absent. None. INDUCEMENT RESOLUTION FOR IDB - COMMERCIAL PROJECT - INLAND EMPIRE PROPERTIES, LTD PROJECT. 13 RESOLUTION NUMBER 85-351 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ISSUE ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS, DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS: AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH (INLAND EMPIRE PROPERTIES, LTD. PROJECT). 9-9-85 -$- 6549 The City Clerk read the title of the resolution. Member Strickler made a motion, seconded by Member Quiel to waive further reading of the resolution and that said resolution be adopted. Resolution Number 85-351 was adopted by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Quiel; Frazier; Strickler. Noes: None. Absent: None. SAN BERNARDINO SCHOOL DISTRICT - TRI CITY AGREEMENT (14) RESOLUTION NUMBER 4795 OF THE COMMUNITY DEVELOPMENT COP4IL SSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO COOPERATIVE AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT CONCERNING THE TRI CITY REDEVELOPMENT PROJECT AREA. The City Clerk read the title of the resolution. Member Strickler made a motion, seconded by Member Quiel, to waive further reading of the resolution and that said resolution be adopted. Member Marks asked that it be to waive further reading of the resolution only. The maker of the motion and the second agreed to the waive only request. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Quiel; Frazier; Strickler. Noes: None. Absent: None. Mayor Wilcox asked for a motion to adopt. Member Strickler made a motion, seconded by Member Reilly, to adopt the resolution. Resolution Number 4795 was adopted by the following vote: Ayes: Members Estrada; Reilly; Marks; Quiel; Frazier; Strickler. Noes: Member Hernandez. Absent: None. APPROVAL OF FY 1985/1986 CDBG AGREEMENT FOR FUNDING FOR OPTION HOUSE (15) RESOLUTION NUMBER 85-352 OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OPTION HOUSE. The City Clerk read the resolution title. Member Strickler made a motion, seconded by Member Quiel to waive further reading of the resolution and that said resolution be adopted. Resolution Number 85-352 was adopted by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Quiel; Frazier; Strickler. Noes: None. Absent: None: 9-9-85 -9- 6550 NICHOLSON PARK RECREATIONAL PROGRAM A memorandum dated September 4, 1955 from Annie Ramos, Director of Parks, Recreation and Community Services, provided a status report regarding the recreational program at Nicholson Park, which has been in effect since July 1, 1985. file. Member Hernandez made a motion, seconded by Member Marks, to receive and The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Quiel; Frazier; Strickler. Noes: None. Absent: None. APPROVAL OF COMMISSION MINUTES Member Quiel made a motion, seconded by Member Strickler to approve the minutes of August 26, 1985 as submitted. The motion carried by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Frazier; Strickler. Noes: None. Absent: Member Reilly. ROGER'S BINDERY (RS-2) MOVE RATIFICATION OF EXECUTION OF SUBORDINATION OF SECURITY INTEREST RELATING TO ALL EQUIPMENT AND MACHINERY OF ROGER'S BINDERY, INC., WHEREIN NATIONAL ACCEPTANCE COMPANY OF CALIFORNL4 WILL BE SUBSTITUTED FOR CROCKER BANK IN FIRST POSITION AND THE REDEVELOPMENT AGENCY WILL REASSUME ITS CURRENT SECOND POSITION. Member Quiel made a motion, seconded by Member Strickler to approve the form motion. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Marks; Quiel; Frazier; Strickler. Noes: Hernandez. Absent. None. Member Marks asked Agency Counsel the significance of subordination. Mr. Briggs explained that this does not lessen the Agency's relative position. FILLING OF ADMINISTRATIVE SERVICES COORDINATOR POSITION (RS-3) After a lengthy discussion between Council and the Executive Director, Member Marks made a form motion, seconded by Member Quiel: THAT AN ADMINISTRATIVE SERVICES COORDINATOR POSITION BE CREATED WITHIN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THAT THE EXECUTIVE DIRECTOR BE AUTHORIZED TO HIRE J. LORRAINE VERLADE AT A SALARY NOT TO EXCEED THE CITY OF SAN BERNARDINO'S RANGE 3132E. FURTHER THAT THE EXECUTIVE DIRECTOR WORK WITH THE CITY ADMINISTRATOR AND DIRECTOR OF PERSONNEL IN ESTABLISHING APPROPRIATE JOB SPECIFICATIONS, REPRESENTATIVE DUTIES AND REQUIREMENTS AND BRING THE PROPOSED JOB DESCRIPTION TO THE BOARD AT ITS NEXT REGULARLY SCHEDULED MEETING. -10- 9-9-85 6557 The motion carried by the following vote: Ayes: Members Estrada; Reilly; Marks; Quiel; Frazier; Strickler. Noes: Member Hernandez. Aba ent: None. (Member Marks left the Council Table.) ADOPTION OF TBE ADMINISTRATIVE BUDGET FOR FISCAL YEAR 1985/1986 FOR THE COMMUNITY DEVELOPMENT COMMISSION OP THE CITY OF SAN BERNABDINO RS-4 Member Quiel made a motion, seconded by Member Reilly, to adopt the Administrative Budget for Fiscal Year 1985/1986 as submitted. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Quiel; Frazier; Strickler. Noes: None. Absent: Member Marks. (Member Marks returned and took his place at the Council Table.) REPORTS, CASH Member Frazier made a motion, seconded by Member Hernandez to set a Council Workshop to be held in the Redevelopment Agency Boardroom on September 30, 1985 at 9:00 a.m. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Quiel; Frazier; Strickler. Noes: None. Absent: None. TRANSFER OF IDB ALLOCATION TO INDUSTRIAL DEVELOPMENT AUTHORITY FOR C 6 M FINE PACK, INC. (RS-6) MAYOR AND COMMON COUNCIL RESOLUTION NUMBER 85-353 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON A CERTAIN INDUSTRIAL DEVELOPMENT BOND FINANCING AND THE ISSUANCE BY THE CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT AUTHORITY OF INDUSTRIAL DEVELOPMENT REVENUE BONDS IN A MAXIMUM PRINCIPAL AMOUNT NOT TO EXCEED $8,100,000 (C&M FINE PACK, INC. PROJECT). The City Clerk read the title of the Resolution. (Member Strickler left the Council Table.) Member Marks made a motion, seconded by Member Reilly to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Quiel; Frazier. Noes: None. Absent: Member Strickler. -11- 9-9-85 6552 Member Quiel made a motion, seconded by Member Reilly that said resolution be adopted. Resolution Number 85-353 was adopted by the following vote: Ayes: Members Estrada; Reilly; Marks; Quiel; Frazier; Strickler. Noes: None. Absent: None. Abstain: Member Hernandez. RESOLUTION NUMBER 85-9 OF THE CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT AUTHORITY DECLARING ITS ELECTION TO RETAIN ALL OF ITS UNUSED CALENDAR YEAR 1985 PRIVATE ACTIVITY BOND LIMIT AS SAID LIMIT WAS ASSIGNED AND TRANSFERRED BY THE CITY OF SAN BERNARDINO, CALIFORNIA, TO SAID AUTHORITY FOR USE IN CONNECTION WITH THE C&M FINE PACK, INC., PROJECT. The City Clerk read the title of the Resolution. Member Marks made a motion, seconded by Member Reilly to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Quiel; Frazier. Noes: None. Absent: Member Strickler. (Member Strickler returned and took his place at the Council Table.) Member Quiel made a motion, seconded by Member Reilly to adopt that said resolution be adopted. Resolution Number 85-9 was adopted by the following vote: Ayes: Members Estrada; Reilly; Marks; Quiel; Frazier; Strickler. Noes: None. Abstain: Member Hernandez. (Member Marks left the Council Table at 4:30 and did not return.) LIFETIME FOAM - POSSIBLE MOVE FROM SAN BERNARDINO (RS-7) A) MOVE APPROVAL OF EXECUTION OF LETTER BY THE MAYOR ACKNOWLEDGING THAT THE CITY OF SAN BERNARDINO DOES NOT OPPOSE LIFETIME FOAMS MOVE FROM SAN BERNARDINO DUE TO CONSOLIDATION OF FACILITIES OUTSIDE OF THE CITY. OR B) MOVE THAT THE PROPOSED LETTER NOT BE SIGNED BY THE MAYOR AT THIS TIME. After a lengthy discussion between Council, Agency Staff and Mr. Ray Glyder, Member Quiel made a motion, seconded by Member Reilly to adopt motion "A" amended as follows: A) MOTION TO DIRECT THE MAYOR TO EXECUTE A LETTER TO BE USED BY LIFETIME FOAM COMPANY, A DIVISION OF STEARNS AND FOSTER, INC., TO OBTAIN INDUSTRIAL DEVELOPMENT BOND FINANCING FROM THE COUNTY OF 9-9-85 -12- 6553 RIVERSIDE AND TO DELIVER SAID LETTER AFTER THE COMPANY HAS PRESENTED SATISFACTORY DOCUMENTATION TO THE STAFF OF THE REDEVELOPMENT AGENCY STATING THAT PRESENT EMPLOYEES OF THE COMPANY WHO ARE RESIDENTS OF THE CITY WILL BE TRANSFERRED BY THE COMPANY IF SUCH EMPLOYEE SO DESIRES AND WILL BE ENTITLED TO MAINTAIN THEIR PRESENT CLASSIFICATION. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Quiel; Frazier; Strickler. Noes: None. Absent. Member Marks. FISCAL YEAR 1984/1985 BUDGRT ADJUSTMENTS (RS-8) RESOLUTION NUMBER 4797 OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING SALARY ADJUSTMENTS FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES OF THE REDEVELOPMENT AGENCY RETROACTIVE TO JULY 1, 1984, AND AUTHORIZING THEREOF. The City Clerk read the title of the Resolution. Member Quiel made a motion, seconded by Member Estrada to waive further reading of the Resolution. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Quiel; Frazier; Strickler. Noes: None. Absent: Member Marks. Member Quiel made a motion, seconded by Member Strickler to adopt said Resolution with the stipulation that the Citizens' Advisory position be stricken from the Resolution. Resolution Number 4797 was adopted as amended by the following vote: Ayes: Members Estrada; Reilly; Marks; Quiel; Frazier; Strickler. Noes: Member Hernandez. Absent: None. RHCESS MEETING - CLOSED SESSION At 5:15 p.m., the Council recessed for a Closed Session to discuss pending litigation and the high ground water problem of the Redevelopment Agency under the authority of Government Code Section 54956.9(b)(1). CLOSED SESSION The Closed Session of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California.. R T.T. (:AT.T. Roll Call was taken wlth the following being present: Mayor Wilcox; Members Estrada, Hernandez, Quiel, Frazier, Strickler; City Attorney Prince, City administrator Matzer. Absent: Member Marks, City Clerk Shauna Clark. 9-9-85 -13- 6554 ADJOURNED CLOSED SESSION At 7:15 p.m., The Closed Session of the Mayor and Common Council of the ., City of Saa Bernardino adjourned to the Adjourned Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 7:15 p.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Shauna Clark, City Administrator Matzer. Absent: Member Marks. ADJOURNMENT At 7:25 p.m., Member Strickler made a motion seconded by Member Quiel and unanimously carried, that the meeting be adjourned to 9:00 a.m., Friday, September 13, 1985, in the Council Chambers of City Hal, 300 North "D" Street, San Bernardino, California. Glenda Saul, Executive Director 9-9-85 -14- 6555 COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO MINUTES REGULAR MEETING SEPTEMBER 23, 1985 The Community Development Commission/Redevelopment Agency meeting was called to order by Chairman Wilcox at 11:02 a.m., on Monday, September 23, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL ,, Roll Call was taken with the following being present: Chairman Wilcox, .. ! Commission Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. STAFF PRESENT Glenda Saul, Executive Director, Allen Briggs, Agency Counsel, Shirley Poppenga, Recording Secretary. APPROVAL OF REDEVELOPMENT COMMITTEE MINUTES (1) A motion was made by Member Strickler and seconded by Member Quiel to receive and file the Redevelopment Committee minutes o£ September 5, 1985. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ENTERPRISE ZONE EIR/EIS URS CONTRACT AMENDMENT (2) The City Clerk read the title to the resolution. RESOLUTION N0. 4798. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF FIRST AMENDMENT TO AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND URS CORPORATION FOR ENTERPRISE ZONE ENVIRONMENTAL IMPACT REPORT CONSULTANT SERVICES. A motion was made by Member Frazier and seconded by Member Estrada to waive further reading of and adopt resolution No. 4798. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. MEMBER HERNANDEZ EXCUSED Member Hernandez left the meeting. 6556 OPERATION SECOND CHANCE - REVISED FIRST AMENDMENT TO LIBRARY LEASE AGREEMENT 3 `~~! The City Clerk read the title to the resolution. RESOLUTION N0. 85-380. RESOLUTION OF THE CSTY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO LEASE WITH OPERATION SECOND CHANCE, INC., RELATING TO THE LEASE OF PORTION OF 1505 WEST HIGHLAND AVENUE, SAN BERNARDINO, FOR LIBRARY PURPOSES, AND AUTHORIZING FINANCE DIRECTOR TO MAKE PAYMENTS DUE UNDER LEASE TO REDEVELOPMENT AGENCY FOR CREDIT TO OPERATION SECOND CHANCE, INC „ AND REPEALING RESOLUTION N0. 85-343. Action was taken by the Mayor and Common Council to waive further reading of and adopt Resolution No. 85-380. ELECTION TO RETAIN ALL THE CITY'S UNUSED CALENDAR YEAR 1985 PRIVATE ACTIVITY BOND LIMIT - IDB (4) The City Clerk read the title to the resolution. (a) RESOLUTION N0. 85-381. RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS ELECTION TO RETAIN ALL OF ITS UNUSED CALENDAR YEAR 1985 PRIVATE ACTIVITY BOND LIMIT AND TAKING CERTAIN OTHER ACTIONS. Action was taken by the Mayor and Common Council to waive further reading of r1 and adopt Resolution No. 85-381. CONVENE INDUSTRLAL DEVELOPMENT AUTHORITY The City Clerk read the title to the resolution. The Chairman called the Industrial Development Authority to order. Present: Chairman Wilcox, Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Absent: Member Hernandez. II (b) IDA RESOLUTION N0. 85-k0: RESOLUTION OF THE CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT AUTHORTTY DECLARING ITS ELECTION TO RETAIN ALL OF ITS UNUSED CALENDAR YEAR 1985 PRIVATE ACTIVITY BOND LIMIT AS SAID LIMIT WAS ASSIGNED AND TRANSFERRED BY THE CITY OF SAN BERNARDINO, CALIFORNIA, TO SAID AUTHORITY FOR USE IN CONNECTION WITH THE C&M FINE PACK, INC. PROJECT A motion was made by Member Quiel and seconded by Member Strickler to waive further reading of and adopt Industrial Development Authority Resolution No. 85~'.~'The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Hernandez. ~,. MEMBER HERNANDEZ RETURNED Member Hernandez returned to the meeting. 6557 INDUCEMENT RESOLUTION FOR MULTIFAMILY MORTGAGE REVENUE BOND, NOBLE PROPERTIES, INC. PROJECT (5) The City Clerk read the title to the res olutlon. RESOLUTION N0. 85-382. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS MULTIFAMILY MORTGAGE REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; SETTING A PUBLIC HEARING; AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH (NOBLE PROPERTIES, INC. PROJECT) Action was taken by the Mayor and Common Council to waive further reading of and adopt Resolution No. 85-382. APPROVING APPLICATION FOR IDB - SIMA PARTNERSHIP NUMBER TWO PROJECT (6) The City Clerk read the title to the resolution. CONVENE INDUSTRLAL DEVELOPMENT AUTHORITY The Chairman called the Industrial Development Authority to order. Prea ent: Chairman Wilcox, Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Absent: None. n (a) IDA RESOLUTION N0. SS~V. RESOLUTION OF THE CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT AUTHORITY APPROVING THE APPLICATION FOR FINANCING AND RATIFYING CERTAIN ACTIONS BY THE AUTHORITY STAFF IN CONNECTION WITH THE REVIEW BY THE CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ADVISORY COMMISSION REGARDING THE FINANCING OF A CERTAIN PROJECT WITHIN THE CITY OF SAN BERNARDINO, CALIFORNIA (SIMA PARTNERSHIP NUMBER TWO PROJECT) A motion was made by Member Strickler and seconded by Member Quiel to waive further reading of and adopt Industrial Development Authority Resolution No. 85-~1:a~The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. The City Clerk read the title to the resolution. (b) RESOLUTION N0. 85-383. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSUANCE BY THE CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT AUTHORITY OF ITS CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT AUTHORITY, INDUSTRIAL DEVELOPMENT REVENUE BONDS, SIMA PARTNERSHIP NUMBER TWO PROJECT, ISSUE OF 1985 AND THE PROJECT TO BE FINANCED THEREBY, MAKING CERTAIN FINDINGS AND DETERMINATIONS AND SETTING A PUBLIC HEARING RELATING THERETO (SIMA PARTNERSHIP NUMBER TWO PROJECT) Action was taken by the Mayor and Common Council to waive further reading of and adopt Resolution No. 85-383. -3- 9/23/85 6558 PUBLIC HEARING - TEFRA - FOOD RESOURCES INTERNATIONAL, INC. (7) Action was taken by the Mayor and Common Council to continue Public Hearing to October 7, 1985 at 11:00 a.m. BEAUTIFICATION PROGRAM (8) A motion was made by Quiel and seconded by Reilly to approve Mr. Paul Bradford's beautification project in as amount not to exceed $6,250.00 as recommended by the Redevelopment Committee. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None RETENTION OF BANRRUPTCY COUNSEL - HOTEL AND CONVENTION CENTER (9) (a) Action was taken by the Mayor and Common Council to adopt form motion authorizing the City Attorney to retain special bankruptcy counsel, with costs thereof to be paid by the Redevelopment Agency, and a contract fox such services to be prepared and presented for review and approval by the Commission. (b) A motion was made by Member Marks and second by Member Quiel to adopt form motion authorizing the City Attorney to retain special bankruptcy counsel, with costs thereof to be paid by the Redevelopment Agency, and a contract for such services to be prepared and presented for review and approval by the Commission. The motion carried by the following vote: Ayes: Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: Frazier. Absent: None. Allen Briggs, Agency Counsel informed the Commission that staff has started the arbitration in accordance with both the Disposition and Development Agreement and the Convention Center Operating Agreement. Since then English Enterprises has filed for receivership under Chapter 11 in Bankruptcy Court, which acts as an automatic stay, and nothing further can be done that affects English Enterprises until a release is obtained from the Court granting permission to proceed with the arbitration. REPORT ON ADDITIONAL FUNDING NEEDED TO ALLEVL9TE TRAFFIC CONGESTION - PARK CENTRE AREA (10) Member Marks stated that before any specific direction is given by the Council, that this matter should be referred to the Redevelopment Committee for review to find out where the money is coming from for the study and the construction itself. Action was taken by the Mayor and Common Council to file the report on additional funding required to alleviate traffic congestion problems in the Park Centre Area, and refer this matter to the Redevelopment Committee for review and come back to the Commission with a full report. ..~ -4- 9/23/85 6559 JOB DESCRIPTION FOR ADMINISTRATIVE SERVICES COORDINATOR POSITION (11) The City Clerk read the title to the resolution. RESOLUTION N0. 4799. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING CREATION OF THE PERMANENT, FULL-TIME POSITION OF ADMINISTRATIVE SERVICES COORDINATOR, AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO FILL THE POSITION AT SALARY RANGE 3132, AND APPROVING AND ADOPTING THE JOB DESCRIPTION FOR SALD POSITION. A motion was made by Member Quiel and seconded by Member Strickler to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Following a brief discussion regarding salary, a motion was made by Member Strickler and seconded by Member Quiel to adopt Resolution No. 4799. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. Absent: None. APPROVAL OF AGREEMENT AMONG COUNTY OF SAN BERNARDINO, CITY OF SAN BERNARDINO AND THE INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE (12) The City Clerk read the title to the resolution. RESOLUTION N0. 85-384. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO AND INLAND EMPIRE HISPANLC CHAMBER OF COMMERCE, INC. Action was taken by the Mayor and Common Council to waive further reading of the resolution. Action was taken by the Mayor and Common Council to adopt Resolution No. 85-384. Member Strickler directed staff to come back with a report as to why the County is the lead agency. APPROVAL AND ACCEPTANCE OF WORK - CONTRACT WITH MAVERIC CONSTRUCTLON - CONCRETE FOR NEW CENTRAL LIBRARY, PER PLAN N0. 6457. (RS1) Action was taken by the Mayor and Common Council to approve and accept the work performed by the contractor, in accordance with specifications No. 6457, and that final payment be authorized less the back charge of $3,671.57, and that the $3,671.57 that is in dispute with Mave ric Construction be referred to the Library Ad Hoc Committee for review and report back to the Council. -5- 9/23/85 ____ _ 6560 Member Marks made a motion to direct the City Administrator to look into the problem of payments with various contracts to Maveric Construction Co., "" either through change orders or other methods of payments beyond contract awards for low bidders, and to make recommendations to the Council. The motion was seconded and carried unanimously. , APPROVAL OF CHANGE ORDER N0. SIX - CONSTRUCTION OF INTERIOR FOR NEW CENTRAL LIBRARY, PER PLAN N0. 6467 - BERRY CONSTRUCTION. (R52) Action was taken by the Mayor and Common Council to approve Change Order No. six to the contract with Berry Construction, Inc., for construction of interior for the new Central Library in accordance with Plan No. 6467, removal of a portion of the 3 concrete decks (incorrectly installed by the concrete contractor), and installation of a fiberglass membrane, at a net increase in the contract price of $6,071.57, from $1,596,582.07 to $1,602,653.64. APPROVAL AND ACCEPTANCE OF WORK - Action was taken by the Mayor and Common Council to approve and accept the work performed by the contractor, in accordance with Specification No. 6461, and that final payment be authorized at the expiration of the lien period. RELOCATION OF WATER, VAULT AND METER - SOUTH VALLE (R54) ~-., A motion was made by Member Marks and seconded by Member Quiel to authorize the Executive Director to issue a purchase order to the Water Department in ~ .. the amount of $14,500 for the relocation of the water meter and vault south of Redlands Boulevard on Hunts Lane, with an amendment to the agreement with Colton to be prepared to cover a portion of the cost. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. AGREEMENT FOR INVESTMENT BANKING SERVICES - MILLER & SCHROEDER MUNICIPALS (RSS) The City Clerk read the title to the resolution. RESOLUTION N0. 85-385. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING~THE EXECUTION OF AN AGREEMENT FOR INVESTMENT BANKING SERVICES (HOUSING) WITH MILLER AND SCHROEDER MUNICIPALS, INC. Action was taken by the Mayor and Common Council to waive further reading of the resolution. Action was taken by the Mayor and Common Council to adapt Resolution No. 85-385. Glenda Saul answered questions of the Council concerning the Single Family Housing Program. ,-... -6- 9/23/85 6561 MOBILE HOME PARK ASSISTANCE PROGRAM (RS6) Action was taken by the Mayor and Common Council to refer this matter to the Redevelopment Committee. A motion was made by Member Hernandez directing Agency Counsel to prepare a legal opinion on the use of the 20% set aside monies for rental subsidy in mobile home parks for emergency purposes. The motion was seconded by Frazier and carried by the following vote: Ayes: Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: Members Reilly, Quiel. Absent: None. A motion was made by Member Quiel directing staff to prepare a legal opinion on the use of the 20% set aside monies for rental subsidization throughout the community. The motion was seconded by Member Strickler and carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marka, Quiel, Frazier, Strickler. Noes: None. Absent: None. RECESS MEETING At 11:47 a.m., a motion was made by Member Hernandez and seconded by Member Strickler to recess the regular meeting of the Community Development Commission to 2:00 p.m., Monday, September 23, 1985. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RECONVENE MEETING At 5:50 p.m., the regular meeting of the Community Development Commission reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Chairman Wilcox, Commission Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. STAFF PRESENT Glenda Saul, Executive Director, Allen Briggs, Agency Counsel, Ken Henderson, Manager, Community Development Division, Shirley Poppenga, Recording Secretary. SUPPLEMENTAL CDBG FUNDING FOR BOYS CLUB RACQUETBALL COURTS (RS7) Jerry Herndon, Executive Director of the Boys Club, answered questions of the Council concerning the construction and use of the racquetball courts. Ken Henderson, in answer to a question concerning the contingency fund balance, stated that the balance is $345,000. -7- 9/23/85 6562 A motion was made by Member Frazier and seconded by Member Hernandez to approve supplemental CDBG funding for the construction of two racquetball courts in the amount of $40,000 contingent upon County providing an additional $20,000, and that staff be directed to amend the Boys Club, Inc., Fy 84/85 CDBG Agreement and bring the agreement back to the Council for approval, once the County takes action to appropriate an additional $20,000 for this project. ADJOURN TO WORKSHOP SEPTEMBER 30, 1985 (RS8) At 6:05 p. m., a motion was made by Member Strickler and seconded by Member Quiel to adjourn meeting to 9:00 a.m., Monday, September 30, 1985, in the RDA Conference Room, for a workshop to discuss Redevelopment Agency financial and status reports and Enterprise Zone. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Glenda Saul, Executive Director -8- 9/23/85 6563 M I N U T E S COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO WORKSHOP September 30, 1985 ROLL CALL Roll call was taken with the following being present: Chairman Wilcox, Members Esther Estrada; Jack Reilly; Ralph Hernandez; Steve Marks; Gordon Quiel; Dan Frazier and Jack Strickler. Absent: None. STAFF PRESENT Glenda Saul, Executive Director; Sandy Lowder, RD Manager; Olen Jones, Jr., RD Development Specialist; Ezell James, RD Citizen's Advisory Specialist; Ken Henderson, CD Manager; Maurice Oliva, CD Rehabilitation Coordinator; Jewell Shelton, CD Citizen's Advisory Specialist; Barbara Lindseth, Accounting Manager; Lorraine Velarde, Administratlve Services Coordinator; Allen R. Briggs, Agency Counsel; Julie Treadwell, Transcribing Secretary. The purpose of this meeting was to apprise the Mayor and Council of the redevelopment and community development processes, their complexity and the continuous state of change due to the legislative process and fluctuating economy. The Redevelopment Agency staff gave a detailed presentation ofthe administration of individual programs, as well as the benefits that are derived from each. The following items were presented and discussed: 1. COMMUNITY DEVELOPMENT DIVISION Presentations were given by the following Community Development Division Staff members: Ken Henderson, Manager; Maurice Oliva, Rehabilitation Coordinator and Jewell Shelton, Citizen Advisory Specialist. Community Development and Jobs Bill Programs Purpose Project Selection Process Citizen Participation Reports Neighborhood Rehabilitation Programs History Accomplishments Underwriting Criteria Collections 09/30/85 6564 M I N U T E S COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY WORKSHOP September 30, 1985 Page 2 Agency Housing Programs - Infill; Twenty Percent (20%) set-aside Other Federal Grants - EDA, UDAG, HODAG, Rental Rehabilitation, etc. There were questions from the Council regarding the three letter collection process relative to rehabilitation loan program and code enforcement within the Neighborhood Rehabilitation Program. Discussion ensued, however, no action was taken. Z. REDEVELOPMENT DIVISION Presentations were given by the following Redevelopment Agency Staff members: Sandy Lowder, Manager, Redevelopment Division; Olen Jones, Jr., Real Estate Specialist; Ezell James, Citizens' Advisory Specialist. Other Federal Grants Enterprise Zone Sewer Capacity Rights Status Development Beautification Citizen Advisory Committees Redevelopment Project Areas Library Reports Industrial Development Bonds Single Family Mortgage Revenue Financing Employment Linkage Program In Lieu Tax Summary 3. ENGINEERING AND DESIGN DIVISION A presentation was given by Moe Estevene, Engineering and Design Coordinator, on the following: Film Industry Marketing Annual Report 4. ADMINISTRATIVE OFFICE COORDINATION A presentation was given by Lorraine Velarde, Administrative Services Coordinator, on the following: RDA Update Reports Control By-Laws Personnel Policies and Procedures Legislative Update Executive Summary 09/30/85 - 2 - 6565 M I N U T E S COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY WORKSHOP September 30, 1985 Page 3 RECESS MEETING A motion was made by Member Strickler, seconded by Member Quiel and unanimously carried that the Commission will recess to a Closed Session at 1:45 p.m. for pending litigation, pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally, and to which the City is a party. The Title of the litigation is San Bernardino Valley Municlpal Water District in the South Valle Project Area, Redevelopment Agency of the City of San Bernardino, etc. et al. RECONVENE MEETING At approximately 1:45 p.m. the Adjourned Regular Meeting of the Community Development Commission reconvened in the Redevelopment Agency Board Room, 3rd Floor, City Hall, 300 North "D" Street, San Bernardino, California. CLOSED SESSION At approximately 1:47 the Commission recessed for a Closed Session to discuss pending litigation, under authority of Government Code Section 94956.9(a). RECONVENE MEETING At 2:20 p.m. the Adjourned Regular Meeting of the Community Development Commission reconvened in the Redevelopment Agency Board Room, 3rd Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Chairman Wilcox, Members Esther Estrada; Jack Reilly, Ralph Hernandez;, Steve Marks; Gordon Quiel; Dan Frazier and Jack Strickler. Absent: None. STAFF PRESENT Glenda Saul, Executive Director; Sandy Lowder, RD Manager; Ken Henderson, CD Manager; Barbara Lindseth, Accounting Department Manager; Lorraine Velarde, Administrative Services Coordinator; Allen R. Briggs, Agency Counsel; Julie Treadwell, Transcribing Secretary. The Redevelopment Agency Workshop continued with the following presentations: 5. ACCOUNTING DIVISION Barbara Lindseth, Accounting Department Manager, gave an overview of the Accounting Department's responslbilities and how each is monitored in coordination with the respective Agency Departments. The following topics are a few of those responsibilities accomplished by the Accounting Department: 09/30/85 - 3 - 6566 M I N U T E S COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY WORKSHOP September 30, 1985 Page 4 Maintenance of notes receivable Loan track payment histories Control of payments to contractors Disbursement of funds and monitoring Monitoring of bond issues & investments Land acquisition and disposition costs for nine different programs Recording of transfers, expenditures and receipts of all project areas Maintaining and monitoring payments and expenditures in general administration Responsible for Agency and Mall Security payrolls Banking for various checking and savings accounts Administrative budget maintenance and preparation Computer security and maintenance Coordination with auditing teams By combined efforts from all departments within the Agency, completion of reports enables a smooth process in the Agency's tax increment financing procedures. Glenda Saul, Executive Director of the Redevelopment Agency, elaborated on the Agency's areas o£ tax increment financing, giving a detailed analysis of the following: Finance and Accounting Statement of Indebtedness and Tax Increment Allocation Bonded Debt Assessed Value - Tax Increment Tax Increment Projections ., Cash Flow Analysis Investment Activity Future Financing/Background Information 09/30/85 - A - 6574 AWARD OF CONTRACT - CONSTRUCTION OP TWO RACQUETBALL COURTS AT BOYS CLUB PER PLAN N0. 6684 - SCCC GENERAL CONTRACTOR (14) MAYOR AND COMMON COUNCIL RESOLUTION NUMBER 85-392 OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SCC GENERAL CONTRACTOR, FOR CONSTRUCTION OF TWO RACQUETBALL COURTS FOR THE BOYS CLUB, INCORPORATED. The Deputy City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Hernandez to waive further reading of the resolution and that said resolution be adopted. Resolution number 85-392 was adopted by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Reilly; Frazier. CONTINOANCE (15) COMMUNITY DEVELOPMENT COMMISSION Zone. Move to adjourn meeting to 2:00 p.m. for the public hearing on Enterprise Member Marks made a motion, seconded by Member Quiel, to adjourn the meeting until 2:00 p.m. The motion carried by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Reilly; Frazier. APPROVAL OF FINAL BOND DOCUMENTS - C6M FINE PACK, INC. (RS-1) INDUSTRIAL DEVELOPMENT AUTHORITY RESOLUTION NUMBER 85-11 OF THE CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT AUTHORITY AMENDING THE APPLICATION FOR FINANCING: APPROVING THE ISSUANCE OF ITS CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT AUTHORITY, ADJUSTABLE TENDER INDUSTRIAL DEVELOPMENT REVENUE BONDS (C&M FINE PACK, INC., PROJECT) SERIES 1985 IN A PRINCIPAL AMOUNT NOT TO EXCEED $5,000,000 AND APPROVING THE EXECUTION OF CERTAIN DOCUMENTS AND THE TERMS THEREOF, SUBJECT TO FINAL APPROVAL OF THE AUTHORITY ATTORNEY. The Deputy City Clerk read the title of the resolution. Tim Sabo, Agency Bond Counsel, spoke to the Council regarding this issue. Member Strickler made a motion, seconded by Member Quiel, to waive further reading of the resolution and that said resolution be adopted. 10-7-85 -7- 6575 Resolution Number 85-11 was adopted by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Reilly; Frazier. MARKET FEASIBILITY STUDY EMPIRE ECONOMICS - SINGLE FAMILY MORTGAGE ISSUE 1985 (RS-2) COMMUNITY DEVELOPMENT COMMISSION RESOLUTION NUMBER 4802 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SECRETARY TO INTER INTO AN AGREEMENT WITH EMPIRE ECONOMICS FOR A MARKET FEASIBILITY STUDY FOR THE CITY'S 1985 SINGLE FAMILY MORTGAGE BOND ISSUE. The Deputy City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Quiel, to waive further reading of the resolution and that said resolution be adopted. Resolution Number 4802 was adopted by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Reilly; Frazier. CENTRAL CITY REFUNDING 1985 -MERGED PROJECTS COMMUNITY DEVELOPMENT COMMISSION RESOLUTION NUMBER 4803 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BER NARDINO AUTHORIZING THE PREPARATION OF OFFERING DOCUMENTS AND THE PREPARATION OF NOTI CE TO SELL TAX ALLOCATION BONDS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR THE CINTRAL CITY REDEVELOPMENT PROTECT. The Deputy City Clerk read the title of the resolution. Member Hernandez asked the Executive Director when the Agency was expected to receive "Request for Proposals". Ms. Saul replied that the Agency had already received a number of responses to the "Request for Proposals". Member Marks made a motion, seconded by Member Strickler, to waive further reading of the resolution and that said resolution be adopted. Resolution Number 4803 was adopted by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Reilly; Frazier. LOAN TO WEST SIDE COMMUNITY DEVELOPMENT CORPORATION 10-7-85 -8- 6576 MOTION: COMMONLTY DEVELOPMENT COMMISSION a) Adjourn Meeting to October 14, 1985. OR b) Call Special Meeting upon fulfillment of Council-required conditions by West Side Community Development Corporation. OR c) Continue item to October 21, 1985 meeting. The Deputy City Clerk read the form motions. Mr. Ken Henderson, Manager, Community Development Division, answered questions from the Council regarding the loan to West Side Community Development Corporation. After a brief discussion, the following action was taken: Member Estrada made a motion, seconded by Member Hernandez, to approve form motion (B ). The motion carried by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Frazier; Reilly. RECESS At approximately 11:50 a.m., Marks made a motion, seconded by Member Strickler, to recess the meeting until 2:00 p.m. The motion carried by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Reilly; Frazier. The Community Development Commission/Redevelopment Agency meeting was called to order at approximately 3:00 p.m., by Chairman Wilcox. ROLL CALL Roll call was taken with the following being present: Chairman Wilcox; Members Esther Estrada; Ralph Hernandez; Steve Marks; Gordon Quiel; Jack Strickler. Abseat: Members Jack Reilly; Dan Frazier. Absent: Ralph Prince, City Attorney. STAFF PRESENT Glenda Saul, Executive Director; Ken Henderson, Manager, Community Development Division; John Wilson, Deputy City Attorney (acting Agency 10-7-85 -9- 6577 Counsel); Timothy J. Sabo, Agency Bond Counsel; Leslie Orr, Transcribing Secretary. Absent: Allen R. Briggs, Agency Counsel. ENTERPRISE ZONE (RS-5) This is the time and place set for a public hearing to consider implementation of various incentives of the Enterprise Zone, to which the City has committed itself in the Enterprise Zone preliminary application. Mayor Wilcox officially declared the public hearing on the Enterprise Zone open. Mr. Bill Wood, Executive Vice President of the San Bernardino Chamber of Commerce, stated that the Chamber of Commerce had gone on record supporting the free Enterprise Zone, but had not taken a stand on today's proposed action of implementing certain incentives prior to the State's designation of an Enterprise Zone. Mr. Wood spoke regarding two concerns. The first concern he expressed was that the proposed action might do away with the need for the State to make a designation of the Enterprise Zone and secondly, that businesses in other areas might ask for similar incentives and the establishment of an Enterprise Zone. Mr. Gary Van Osdel, Enterprise Zone Consultant, answered questions of the Council, explaining the purpose of the public hearing and reviewed actions taken by the Council which established the Enterprise Zone. Mr. Van Osdel stated that the application is due to the State in early November, 1985. It was Mr. Van Oadel's opinion that the City's action today in establishing incentives would not adversely affect the State's decision in designating an Enterprise Zone in San Bernardino. The Council discussed incentives provided in the Enterprise Zone. Mr. David Lechuga questioned the Council on various aspects of the Enterprise Zone and inquired as to what the procedures were for public input and participation. Mrs. Frances Holland, resident of the Enterprise Zone, spoke of problems on the West Side of the City. Mrs. Holland felt that very little was being done to improve conditions. Mr. John Dukes, Enterprise Zone Consultant, answered questions of the Council and explained the preparation and process of submitting an application to the State for an Enterprise Zone. The Deputy City Clerk read the title of the resolutions. Member Strickler made a motion, seconded by Member Marks, that further reading of all resolutions be waived. 10-7-85 -10- 6578 The motion carried by the following vote: Ayea: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Frazier; Reilly. MAYOR AND COMMON COUNCIL A) RESOLUTION NUMBER 85-405 OF THE CITY OF SAN BERNARDLNO APPROVING INFILL HOUSING PROGRAM ALLOCATING HOUSING REHABILITATION FUNDS AND DEMOLITION FUNDS, AND DIRECTING TARGETING OF HOUSING DEVELOPMENT FINANCING EFFORTS TOWARD IMPROVEMENTS WITHIN ENTERPRISE ZONE. Gary Van Osdel, Enterprise Zone Consultant, answered questions of the Council. Member Marks made a motion, seconded by Member Quiel, that said resolution be adopted as amended by changing th word "primary" to "due" on page 3, line 27, and changing the work "top" to "due" on page 4, line 4. Resolution Number 85-405 was adopted by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Frazier; Reilly. B) RESOLUTION NUMBER 85-406 OF THE CITY OF SAN BERNARDINO DESIGNATING PORTIONS OF BEAOT IFI CAT ION FUNDS AND PORTIONS OF JOB LINKAGE PROGRAM FUNDS FOR USE WITHIN THE ENTERPRISE ZONE. Mr. Ken Hendera on, Manager, Community Development Division, stated that the correct budget amount for the Employment Linkage Program was $300,000 and the figures on page 1, line 22 and page 1, line 26 should be changed to $300,000 and $150,000 respectively. Member Marks made a motion, seconded by Member Quiel that said resolution be adopted as amended by changing the figure "$100,000" on page 1, line 22 to "$300,000" and the figure $50,000" on page 1, line 26 to "$150,000'. Resolution Number 85-406 was adopted by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Frazier; Reilly. C) RESOLUTION NUMBER 85-407 OF THE CITY OF SAN BERNARDINO DESIGNATING DEPUTY CITY ADMINISTRATOR AS PERSON RESPONSIBLE FOR ASSURING FULL COOPERATION BY CITY STAFF WITH ZONE MANAGEMENT OFFICE, AND DIRECTING COOPERATION OF ALL AFFECTED CITY EMPLOYEES. Member Marks made a motion, seconded by Member Quiel, that said resolution be adopted as amended by adding the following after the word "Administrator' on page 1, line 13: "or in his absence a designee by the Mayor". 10-7-85 -11- 6579 Resolution Number 85-407 was adopted by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Frazier; Reilly.- COMMUNITY DEVELOPMENT COMMISSION D) RESOLUTION NUMBER 4804 BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DIRECTING REDEVELOPMENT AGENCY STAFF TO NEGOTIATE WITH DATA GATHERING CENTER AND THE INSTTTUTE FOR SOCIAL AND PUBLIC POLICY RESEARCH OF CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, AND WITH INSTITUTE FOR SOCIAL TRAINING DEVELOPMENT OF SAN BERNARDINO VALLEY COMMUNITY COLLEGE FOR NEEDS ASSESSMENT STUDY RELATING TO DATA BASE AND TECHNICAL TRAINING PROGRAMS. Member Marks made a motion, seconded by Member Quiel, to adopt said resolution. Resolution Number 4804 was adopted by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Frazier; Reilly. E) RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ESTABLISHING A ZONE MANAGEMENT OFFICE TO FACILITATE PROCESSING OF DEVELOPMENT PROJECTS WITHIN THE ENTERPRISE ZONE-. Member Marks made a motion, seconded by Member Strickler to continue this resolution to October 14, 1985. The motion carried by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Frazier; Reilly. F) RESOLUTION NUMBER 4805 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DIRECTING REDEVELOPMENT AGENCY STAFF TO NEGOTIATE FOR CREATION OF INCUBATOR PROJECT FOR NEW COMMERCIAL AND INDUSTRIAL BUSINESSES WITHIN THE ENTERPRISE ZONE. Member Marks made a motion, seconded by Member Quiel, to adopt said resolution. Resolution Number 4805 was adopted by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Frazier; Reilly. MAYOR AND COMMON COUNCIL G) RESOLUTION OF THE CITY OF SAN BERNARDINO COMMITTING THE CITY TO APPROPRIATE NOT LESS THAN ONE MILLION DOLLARS ANNUALLY IN STREET IMPROVEMENTS. 10-7-85 -12- 6580 Member Marks made a motion, seconded by Member Quiel that said resolution be adopted as amended by removing the work "Lf" on line 18. The motion failed by the following vote: Ayes: Members Estrada; Marks; Quiel. Noes: Members Hernandez; Strickler. Absent: Members Reilly; Frazier. H) ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING INCENTIVES TO BE GRANTED CERTAIN BUSINESSES AND CERTAIN RESIDENTIAL CONSTRUCTION WITHIN THE ENTERPRISE ZONE, AND AMENDING TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR THE APPROVAL OF PLANNED RESIDENTLAL DEVELOPMENT DISTRICTS WLTHIN COMMERCIAL ZONES IN ENTERPRISE ZONES, AND TO MODIFY SETBACK AND PARKING REQUIREMENTS IN ENTERPRISE ZONE. The Deputy City Clerk read the title of the ordinance. Member Marks made a motion, seconded by t ordinance be continued to Monday, October 14, 1985, Council Chambers of City Hall, 300 North "D" California. The motion carried by the following vote: Hernandez; Marks; Quiel; Strickler. Noes: None. Reilly. [ember Estrada, that said at 1:00 p.m., in the City Street, San Bernardino, Ayes: Members Estrada; Absent: Members Frazier; Member Marks made a motion, seconded by Member Estrada, that the public hearing on the Enterprise Zone be continued to Monday, October 14, 1985, at 1:00 p.m., in the City Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Frazier; Reilly. APPROVAL IN CONCEPT OF LOAN TO BELCO DEVELOPMENT COMPANY FOR NATIONAL CHAIN STORE (RS-6) MAYOR AND COMMON COUNCIL Move to approve in concept a loan to Belco Development Company for the purpose of acquiring land for development of a national chain store at the northeast corner of Mt. Vernan Avenue and Seventh Avenue. The Deputy City Clerk read the form motion. Member Quiel stated he would abstain from voting in this matter due to a possible conflict of interest. 10-7-85 -13- 6581 Member Estrada made a motion, seconded by Member Hernandez, to approve the form motion. The motion carried by the following vote: Ayes: Members Estrada; Hernandez; Marks; Strickler. Noes: None. Absent: Members Frazier; Reilly. Abstain: Member Quiel. Glenda Saul, Executive Director 10-7-85 386E -14- 6582 COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO MINUTES ADJOURNED REGULAR MEETING OCTOBER 14, 1985 The Community Development Commission/Redevelopment Agency meeting was called to order by Chairman Wilcox at 1:18 p.m., on Monday, October 14, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Chairman Wilcox, Commission Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Absent: Member Estrada. STAFF PRESENT Glenda Saul, Executive Director, Allen Briggs, Agency Counsel, Shirley Poppenga, Recording Secrtary. ENTERPRISE ZONE (1) The City Clerk read the title to the resolution. (a) RESOLUTION N0. 85-410. RESOLUTION OF THE CITY OF SAN BERNARDINO COMMITTING THE CITY TO APPROPRIATE NOT LESS THAN ONE MILLION DOLLARS ANNUALLY IN STREET IMPROVEMENTS. MEMBER ESTRADA ARRIVES At 1:23 p.m., Member Estrada arrived at the Council Meeting. Action was taken by the Mayor and Common Council to waive further reading of and adopt Resolution No. 85-410. The City Clerk read the title to the resolution. (b) RESOLUTION N0. 85-411. RESOLUTION OF THE CITY OF SAN BERNARDINO INSTRUCTING THE PLANNING DEPARTMENT OF THE CITY OF SAN BERNARDINO TO DEVELOP A NEW CODE DESIGNATION FOR USE WITHIN THE ENTERPRISE ZONE. Action was taken by the Mayor and Common Council to waive further reading of the resolution. Action was taken by the Mayor and Common Council to adopt Resolution No. 85-411. MEMBER HERNANDEZ LEFT Member Hernandez left the Commission table. 6583 The City Clerk read the title to the resolution. .~.. (c) RESOLUTION N0. 4806. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ESTABLISHING A ZONE MANAGEMENT OFFICE TO FACLL ITATE PROCESSING OF DEVELOPMENT PROJECTS WITHIN THE ENTERPRISE ZONE. A motion was made by Member Marks and seconded by Member Estrada to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Hernandez. A motion was made by Member Marks and seconded by Member Frazier to adopt Resolution No. 4806. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier. Noes: Member Strickler. Absent: Member Hernandez. The City Clerk read the title to the resolution. (d) RESOLUTION N0. 4807. RESOLUTION OF TBE COMMUN LTY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DIRECTING REDEVELOPMENT AGENCY STAFF TO DEVELOP A MARKETING PROGRAM. MEMBER HERNANDEZ RETURNED Member Hernandez returned to the Commission table. ..7 A motion was made by Member Marks and seconded by Member Estrada to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, ~ y Strickler. Noes: None. Aba ent: Nane. A motion was made by Member Marks and seconded by Member Estrada to adopt Resolution No. 4807. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: Member Strickler. Absent: None. The City Clerk read the title to the resolution. (e) RESOLUTION NO. 4808. RESOLUTION OF THE COMMUNITY DEVELOPMINT COMMISSION OF THE CITY OF SAN BERNARDINO INSTRUCTING AGENCY STAFF TO DEVELOP A PROGRAM TO ASSIST IN THE EXPORT OF LOCAL PRODUCTS. A motion was made by Member Marks and seconded by Member Hernandez to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. A motion was made by Member Hernandez and seconded by Member Frazier to adopt Resolution No. 4808. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. -Z- 10-14-85 6584 The City Clerk read the title to the ordinance. ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING INCENTIVES TO BE GRANTED CERTAIN BUSINESSES AND CERTAIN RESIDENTL4L CONSTRUCTION WITHIN THE ENTERPRISE ZONE. Action was taken by the Mayor and Common Council to waive further reading of the ordinance. Staff recommended additions to the ordinance by interdelineation. Member Hernandez asked for clarification that sewer capacity fees would not be barred from homes previously established. City Clerk Shauna Clark stated that the present language would permit the allowance of a rebate at the same time as assessment of the business license tax so that no money would have to change hands and that she could handle that administratively. Member Quiel moved to continue the matter to the meeting of October 21, 1985, so that the ordinance can be revised and resubmitted with all the appropriate changes. The motion was seconded by Member Frazier and carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ADJOURN MEETING At 1:50 p.m., the meeting adjourned to 11:00 a.m., Monday, October 21, 1985, in the Council Chambers, 300 North "D" Street, San Bernardino, California. ,~ ~~~~ Glenda Saul, Executive Director -3- 10-14-85 6585 COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO MINUTES REGULAR MEETING OCTOBER 21, 1985 The Community Development Commission/Redevelopment Agency meeting was called to order at approximately 11:20 a.m., by Chairman Wilcox. ROLL CALL Roll call was taken with the following being present: Chairman Wilcox; Members Esther Estrada; Jack Reilly; Ralph Hernandez; Steve Marks; Daniel Frazier; Jack Strickler. Absent: Member Gordon Quiel. STAFF PRESENT Glenda Saul, Executive Director; Sandy Lowder, RD Manager; Ken Henderson, CD Manager; Allen Briggs, Agency Counsel; Timothy J. Sabo, Agency Bond Counsel; Sue Gonzales, Transcribing Secretary. MEMBER MAHRS E%CUSED Member Marks left the Commission Meeting. APPROVAL OF MINUTES - COMMUNITY DEVELOPMENT COl41ISSION - OCTOBER 7, 1985. (1) Member Reilly made a motion, seconded by Member Strickler that the Community Development Commission Minutes of October 7, 1985, be approved. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Members Marks and Quiel. NEW CENTRAL LIBRARY, PER PLAN #6468 - RIVERSIDE CONSTRUCTION COMPANY (2) A motion was made by Member Strickler, seconded by Member Estrada to approve Change Order Ili to the contract with Riverside Construction, Inc., for construction of on-site work for the New Central Library, in accordance with Plan Number 6457, and to authorize payment for various items of work at an increase in contract price of $3,582.37, from $292,745.00 to $296,327.37. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Frazier; Strickler. Noes: None. Absent: Members Marks and Quiel. INDUSTRIAL DEVELOPMENT AUTHORITY The Chairman called the Industrial Development Authority to order. Present: Members Estrada; Reilly; Hernandez; Frazier; Strickler. Absent: Members Marks and Quiel. 10/21/85 6586 C & M FINE PACK, INC. - ELECTION TO HAVE $10,000,000 IRS LIMITATION. (3) RESOLUTION N0. 85-12 - RESOLUTION OF THE CITY OF SAN BERNARDINO INDUSTRLAL DEVELOPMENT AUTHORITY DECLARING ITS ELECTION TO HAVE THE $10,000,000 LIMITATION OF SECTION 103(b) (6) (D) OF THE INTERNAL REVENUE CODE OF 1954, AS AMENDED, APPLIED TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS BY SAID AUTHORITY PORSUANT TO AN APPLICATION THEREFORE FILED BY C&M FINE PACK, INC., A CALIFORNIA CORPORATION, AND DIRECTING THAT A STATEMENT OF SUCH ELECTION BE FILED WITH THE DISTRICT DIRECTOR OF INTERNAL REVENUE FORTHWITH (C6M FINE PACK, INC., PROJECT) The City Clerk read the title of the proposed resolution. Member Strickler made a motion, seconded by Member Estrada that further reading of the resolution be waived and said resolution be adopted. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Frazier; Strickler. Noes: None. Absent: Members Marks and Quiel. OPA - SIMA PARTNERSHIP NUMBER TWO CCS (4) RESOLUTION N0. 4809 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN OWNER'S PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND SIMA PARTNERSHIP NUMBER TWO REGARDING THE PURCHASE OF SEWER CAPACITY RIGHTS. The City Clerk read the title of the proposed resolution. Member Strickler made a motion, seconded by Member Estrada that further reading of the resolution be waived and that said resolution be adopted. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Frazier and Strickler. Noes: None. Absent: Members Marks and Quiel. MEMBER MARKS RETURNED Member Marks returned to the Council Meeting and took his place at the table. TEFRA PUBLIC HEARING - SIMA PARTNERSHIP NUMBER II Member Hernandez made a motion, seconded by Member Reilly to continue the TEFRA Public Hearing to November 4, 1985. The motion was carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. 10/21/85 - 2 - 6587 RESOLUTION N0. Ss-413 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FINDING THAT CERTAIN AMENDMENTS TO AN APPLICATION FOR INDUSTRIAL DEVELOPMENT BOND FINANCING HAVE BEEN SUBMITTED BY SOUTH POINTE IV, A CALIFORNIA GENERAL PARTNERSHIP; APPROVING SAID AMENDMENTS; AND AMENDING RESOLUTION N0. 83-431. RESOLUTION N0. 85-414 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING. The City Clerk read the titles o£ the proposed resolutions. Member Hernandez made a motion, seconded by Member Strickler to waive further reading of the resolutions and that said resolutions be adopted. Resolution No's. 8s-413 and Ss-414 were carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. FOR $10.000.000 LIMITATION - IRS CODE OF 1964 - RIO RESOLUTION N0. Ss-41s - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, DECLARING ITS ELECTION TO HAVE THE $10,000,000 LIMITATION OF SECTION 103(b) (6) (D) OF THE INTERNAL REVENUE CODE OF 1954, AS AMENDED, APPLY TO IT'S CITY OF SAN BERNARDINO, INDUSTRLAL DEVELOPMENT REFUNDING BONDS, SERIES 1986 (ANDRESON REFUNDING PROJECT), AND MAKING CERTAIN DETERMINATIONS RELATING THERETO. The City Clerk read the title of the proposed resolution. Member Strickler made a motion, seconded by Member Estrada to waive further reading of the resolution and that said resolution be adopted. Resolution No. 85-415 was adopted by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. FORD/INGRAM REPORT (9) Member Frazier made a motion, seconded by Member Strickler to receive and £ile the report relating to settlement of judgment - Ford/Ingram, SEIP. The motion was carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. to/u/as - 3 - 6588 TEFRA PUBLIC HEARING - NOBLE PROPERTIES, INC. PROJECT (10) Member Hernandez made a motion, seconded by Member Reilly to continue the TEFRA Public Hearing - Noble Properties, Inc. Project to November 4, 1985. The motion was carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. AUTHORIZE ISSUANCE AND SALE OF BONDS - MEADOWBROOR/CENTRAL CITY REFUNDING BONDS (11) RESOLUTION NO. 4810 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $22,500,000 OF TAX ALLOCATION REFUNDING BONDS OF SAID AGENCY TO REFUND PREVIOUSLY ISSUED BONDS FOR THE CENTRAL CITY REFUNDING BONDS OF SAID AGENCY TO REFUND PREVIOUSLY ISSUED BONDS FOR THE CENTRAL CITY REDEVELOPMENT PROJECT. RESOLUTION N0. 4811 - RESOLUTION OF THE COMMUNLTY DEVELOPMENT OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE SALE OF NOT TO EXCEED $22,500,000 PRINCIPAL AMOUNT OF TAX ALLOCATION REFUNDING BONDS, WITH RESPECT TO THE CENTRAL CITY REDEVELOPMINT PROJECT. The City Clerk read the titles o£ the proposed resolutions. Member Marks made a motion, seconded by Member Hernandez that further reading of the resolutions be waived. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. Tim Sabo, Agency Bond Counsel, apprised the Council that the Bids will be opened at the Trustee's Office in Los Angeles on October 31, 1985. Member Hernandez requested from Mr. Sabo a written summary of all future bid openings and a listing of those in attendance. Member Marks made a motion, seconded by Member Hernandez to adopt said resolutions. Resolution No. 4810 and 4811 were adopted by the following vote: Ayes: Member Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. MEMBER MARKS LEFT Member Marks left the Commission Meeting. 10/21/85 - 4 - 6589 RATIFYING PUBLICATION OF NOTICE OF PUBLIC HEARING - WARN CREEK PROJECT - REINDUCING BOND FOR AGENCY ISSUE (12a & b) RESOLUTION N0. SS-416 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RATIFYING THE PUBLICATION OF A NOTICE SETTING A PUBLIC HEARING (GREAT AMERICAN FIRST SAVINGS BANK/THE OLYMPUS GROUP PROJECT) RESOLUTION N0. 4812 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DECLARING iTS INTENT TO ISSUE MULTIFAMILY MORTGAGE REVENUE BONDS (GREAT AMERICAN FIRST SAVINGS BANK/THE OLYMPUS GROUP PROJECT) The City Clerk read the titles of the proposed resolutions. Member Strickler made a motion, seconded by Member Estrada that further reading of the resolutions be waived. The motion carried by the following vote: Ayes: Member Estrada; Reilly; Hernandez; Frazier; Strickler. Noes: None. Absent: Members Marks and Quiel. Member Strickler made a motion, seconded by Member Estrada to adopt said resolutions. Resolution No. 85-416 and Resolution No. 4812 were adopted by the following vote: Ayes: Members Estrada; Reilly; Frazier; Strickler. Noes: Member Hernandez. Absent: Members Marks and Quiel. BDA NEIGHBORHOOD REHABILITATION PROGRAM - LOAN COLLECTION POLICY AND PROCEDURES. (13 RESOLUTION N0. 85-417 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD REHABILITATION PROGRAM COLLECTION POLICY AND PROCEDURES. The City Clerk read the title of the proposed resolution. Member Strickler made a motion, seconded by Member Estrada, to waive further reading of the resolution and that said resolution be adopted. Resolution No. 85-417 was adopted by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Frazier; Strickler. Noes: None. Absent: Members Marks and Quiel. MEMBER MARKS RETURNED Member Marks returned to the Commission Meeting and took his place at the table. 10/21/85 - 5 - 6590 APPROVAL OF CERTAIN FY 85/86 AGREEMENTS WITH COMMUNITY NON-PROFIT AGENCIES. (14) RESOLUTION N0. 85-418 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FAMILY SERVICE AGENCY. The City Clerk read the title of the proposed resolution, which also included approval of the agreement with Attitudinal Center for Enrichment in the original title.. A motion was made by Member Strickler, seconded by Member Estrada to waive further reading of the Resolution and that said Resolution be adopted with an amendment by deletion and iaterlineation that the City execute an agreement for CDBG funding with the Family Service Agency in the amount of $68,000. The Attitudinal Center for Enrichment's agreement for funding to be continued to the meeting of November 4, 1985. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. ANNUAL YEAR 1984-85. COMMUNITY Member Strickler made a motion, seconded by Member Reilly to receive and file the Annual Audit Reports for the Fiscal Year 1984-85, the Community Development Block Grant Audit Report for the fiscal year 1983-84 and the statements of indebtedness for the fiscal year 1985-86. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. APPROVAL OF COMMISSION MINUTES - COMMUNITY DEVELOPMENT COMMISSION - SEPTEMBER 30, 1985. S-1 Member Strickler made a motion, seconded by Member Marks, that the minutes of the Commission Meeting of September 30, 1985, be approved. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. OF CHANGE ORDER N0. ONE - to/u/8s - 6 - 6591 Member Marks made a motion, seconded by Member Reilly that Change Order No. One to the contract with Changing Times Enterprises, Inc., for the construction of sanitary sewers in the Valley Truck Farm area, in accordance with Plan No. 6744, be approved; to authorize the contractor to delete additive alternate No. Three of the contract and to delete all asphalt concrete paving to be placed in the medians on Waterman Avenue, at a net decrease to the contract price of $23,741.74, from $564,781.00 to $541,039.26. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. GRANTEE PERFORMANCE REPORTS CDBG ENTITLEMENT, JOBS BILL (S-3) Member Hernandez made a motion, seconded by Member Reilly to continue said item to meeting of November 4, 1985. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. C6M FINE PACK, INC. OPA STATE COLLEGE INDUSTRIAL PARK (S-4) RESOLUTION N0. 4813- RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A REVISED PROPERTY OWNER'S PARTS CIPAT ION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND C&M FINE PACK, INC. The City Clerk read the title of the proposed resolution. Member Frazier made a motion, seconded by Member Strickler that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 4813 was adopted by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. ENTERPRISE ZONE (S-5) Member Strickler made a motion, seconded by Member Hernandez to receive the draft final application and draft EIR/EIS for review and approval on October 31, 1985 The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. RESOLUTION N0. 4814 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DIRECTING THE STAFF OF THE REDEVELOPMENT AGENCY TO NEGOTIATE WITH OPERATION SECOND CHANCE, INC., FOR DEVELOPMENT AND UTILIZATION OF TECHNICAL ASSISTANCE PROGRAMS. 10/21/85 - 7 - 6592 The City Clerk read the title of the proposed resolution. Member Hernandez made a motion, seconded by Member Strickler to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. Glenda Saul, answered questions regarding the intent of Economic Development Council to hire someone from Los Angeles to assist with technical assistance programs. Member Stricken made a motion, seconded by Member Frazier to adopt said resolution. Resolution No. 4814 was adopted by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. Member Strickler made a motion, seconded by Member Frazier to change the date of the Public Hearing on Enterprise Zone and awarding of sale of bonds from October 31, 1985 to November 1, 1985. The motion carried by the following vote: Ayes: Members Reilly; Hernandez; Frazier; Strickler. Noes: None. Absent: Members Estrada, Marks and Quiel. MEMBERS ES TRADA AND MARKS EXCUSED Members Estrada and Marks left the Commission Meeting. RECONSIDER ITEM RS-2 Valley Truck Farm Area Member Frazier made a motion, seconded by Member Reilly to reconsider Item RS-2. -- Approval of change order No. one - Installation of sewer mains in Valley Truck Farm Area, per Plan No. 6814 -- Changing Times Enterprises, Inc. The motion was carried by the following vote: Ayes: Member Reilly; Hernandez; Frazier; Strickler. Noes: None. Absent: Members Estrada; Marks and Quiel Member Reilly brought up the fact that the $3,800 credit can be used for the lands coping of the median strips rather than surfacing it to help beautify Waterman Avenue. Glenda Saul, Executive Director, Redevelopment Agency, expressed that staff needs to go through certain procedures since this is Community Development Block Grant funds and a if a change of scope of services is made, the concept has to be brought back for individual processing. to/u/Bs - 8 - 6593 Member Reilly made a motion, seconded by Member Frazier that the concept o£ existing credit of $3,880 towards landscaping medians to help beautify Waterman Avenue be referred back to Community Development staff. The motion was carried by the following vote: Ayes: Member Reilly; Hernandez; Frazier; Strickler. Noes: None. Absent: Members Estrada; Marks and Quiel RECESS MEETING Member Reilly made a motion, seconded by Member Strickler to recess to closed session in the Management Information Center (MI C) Room, to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6 and to consider personnel matters pursuant to Government Code Section 54957 and possible litigation. The motion carried the following vote: Ayes: Members Reilly; Hernandez; Frazier; Strickler. Noes: None. Absent: Members Estrada; Marks; Quiel. RECESS MEETING At approximately 1:40 p.m., Chairman Wilcox adjourned the meeting until 2:00 p.m. RECONVENE MEETING At approximately 2:40 p.m., the Community Development Commission reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. xnr.r. rar.r. Roll Call was taken and with the following being present: Chairman Wilcox, Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Absent: Member Quiel. STAFF PRESENT Glenda Saul, Executive Director; Sandy Lowder, RD Manager; Ken Hendera on, CD Manager; Allen Briggs, Agency Counsel; Timothy J. Sabo, Agency Bond Counsel; Sue Gonzales, Transcribing Secretary. ENTERPRISE ZONE Discussion was held on Enterprise Zone tax rebates relating to the first 3 years o£ the Enterprise Zone designation. Member Hernandez made a motion, seconded by Member Frazier to change the Enterprise Zone Incentives Ordinance to offer 3 years of incentives within the first 4 years of the Enterprise Zone. 10/21/85 9 - 6594 The motion was carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. Member Marks made a motion, seconded by Member Frazier to include the following language: that it is the intent o£ the City of San Bernardino to analyze the impact of the tax rebates on development and the commercial designated area of the enterprise Zone. A review and analysis will occur no later than the end of the fourth year of the life of the enterprise zone, at which time the Council will consider taking needed steps to enhance the overall development strategies of the commercial designated area. The motion was carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Frazier; Strickler. Noes: None. Absent: Member Quiel. ADJOURN MEETING Member Frazier made a motion, seconded by Member Reilly to adjourn meeting to 8:30 a.m., Friday, November 1, 1985, in the City Council Chambers, 300 North "D" Street, San Bernardino, California. Glenda Saul, Executive Director 10/21/85 0035G - 10 - 6595 COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDZNO MINUTES ADJOURNED REGULAR MEETING NOVEMBER 1, 1985 The Community Development Commission/Redevelopment Agency meeting was called to order at approximately 8:50 a.m. by Mayor Pro Tem Estrada. ROLL CALL Roll call was taken with the following being present: Members Esther Estrada; Jack Reilly; Ralph Hernandez; Jack Strickler. Absent: Chairman Wilcox; Members Steve Marks; Gordon Quiel; Dan Frazier. STAFF PRESENT Glenda Saul, Executive Director; Sandy Lowder, RD Manager; Kenneth Henderson, CD Manager; Lorraine Velarde; Allen Briggs, Agency Counsel; Timothy Sabo, Agency Bond Counsel; Sue Gonzales, Transcribing Secretary. TEFRA PUBLIC HEARING - WARM CREEK ASSOCIATES (2) Mayor Pro Tem Estrada declared the TEFRA Public Hearing open. RESOLUTION N0. 85-439 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE BY THE CITY OF SAN BERNARDINO, CALIFORNIA, OR THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF A PRINCIPAL AMOUNT NOT TO EXCEED $12,000,000 OF MULTIFAMILY MORTGAGE REVENUE BONDS (GREAT AMERICAN FIRST SAVINGS BANK/THE OLYMPUS GROUP PROJECT) The City Clerk read the title of the proposed resolution. Member Strickler made a motion, seconded by Member Reilly that further reading of the resolution be waived and that said resolution be adopted. Member Hernandez stated his opposition to the project and stressed he is voting in favor of this resolution only because there are not enough affirmative votes to pass. Without his vote, he expressed concerns about density and creating future problems with developments of this type. Since there were no public comments to be heard, Mayor Pro Tem Estrada closed the Public Hearing. Resolution No. 85-439 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Strickler. Noes: None. Absent: Members Marks, Quiel, Frazier. 11/01/85 6596 6596 MEMBER FRAZIER ARRIVED Member Frazier arrived at the Commission Meeting and took his place at the table. AWARDING OF BONDS TO SUCCESSFUL BIDDER MEADOWBROOK/CENTRAL CITY REFUNDING BONDS (1) RESOLUTION N0. 4815 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AWARDING AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $22,500,000 OF REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, TAX ALLOCATION REFUNDING BONDS FOR THE CENTRAL CITY REDEVELOPMENT PROJECT TO THE SUCCESSFUL BIDDER AND APPROVING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS. The City Clerk read the title of the proposed resolution. Member Strickler made a motion, seconded by Member Reilly that further reading of the resolution be waived and that said resolution be adopted. Three bids were received, the lowest being submitted by Smith Barney, Harris Uptown & Company and Miller & Schroeder at 9.46725%. Tim Sabo, Agency Bond Counsel, explained that numerous underwriters joining together on a single bid is common practice. Resolution No. 4815 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Members Marks, Quiel. ENTERPRISE ZONE (3) RESOLUTION N0. 85-440 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING ENTERPRISE ZONE APPLICATION AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO SUBMIT THE APPLICATION TO THE STATE OF CALIFORNIA. The City Clerk read the title of the proposed resolution. Member Reilly made a motion, seconded by Member Frazier that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 85-440 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Members Marks, Quiel. RESOLUTION N0. 85-441 - RESOLUTION OF THE CITY OF SAN BERNARDINO FORMALLY RECEIVING DRAFT ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT ON ENTERPRISE ZONE, AND AUTHORIZING PLANNING DEPARTMENT TO SUBMIT NOTICE OF COMPLETION AND SEEK COMMENTS. The City Clerk read the title of the proposed resolution. - 2 - 11/O1/85 6597 Member Frazier made a motion, seconded by Member Reilly that further reading of the resolution be waived and that said resolution be adopted. Member Hernandez stated that it is the Council's intent that this Ordinance subsequently be amended to be consistent with the Urgency Ordinance to be adopted with interlineatlons. Resolution No. 85-441 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Members Marks, Quiel. ORDINANCE N0. MC-480 - ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING INCENTIVES TO BE GRANTED CERTAIN BUSINESSES AND CERTAIN RESIDENTIAL CONSTRUCTION WITHIN THE ENTERPRISE ZONE. The City Clerk read the title of the proposed Ordinance. Member Frazier made a motion, seconded by Member Hernandez that further reading of the Ordinance be waived and that said Ordinance be adopted. Ordinance No. MC-480 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Members Marks, Quiel. ORDINANCE N0. MC-481 - ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING INCENTIVES TO BE GRANTED CERTAIN BUSINESSES AND CERTAIN RESIDENTIAL CONSTRUCTION WITHIN THE ENTERPRISE ZONE, AND DECLARING THE URGENCY THEREOF. The City Clerk read the title of the proposed Ordinance. Member Frazier made a motion, seconded by Member Hernandez that further reading of the resolution be waived and that said resolution be adopted with an amendment by interlineation of Section 3.18.050 to read: For any qualifying new or expanding business which locates or expands in the Enterprise Zone within the first four years of the life of the Enterprise Zone, City shall exempt from certain fees for three years to qualifying new or expanding businesses located within the Commercial Area of the Enterprise Zone, upon application, the following: all engineering fees, planning fees, building permit fees, and mechanical fees imposed by the City. Storm drain and sewer capacity fee charges are expressly not exempt. Ordinance No. MC-481 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Members Marks, Quiel. Member Frazier commended his fellow Council Members and City and Agency staff for having expedited the Enterprise Zone process and for having put together an excellent package which should greatly help the westside of the City to develop and more quickly realize its full potential. 11/01/85 - 3 - 6598 ADJOURN MEETING Member Frazier made a motion, seconded by Member Hernandez to adjourn meeting to 8:30 a.m., Monday, November 4, 1985, in the City Council Chambers, 300 North "D" Street, San Bernardino, California. ' The motion was carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Members Marks, Quiel. .~~ Glenda Saul, Secretary 0056G - 4 - 6567 M I N U T E S COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY WORKSHOP September 30, 1985 Page 5 Mr. Timothy Sabo, Agency Bond Counsel, presented a synopsis of the Statement of Indebtedness, explaining that its concept came into the Community Redevelopment Law in 1976, becoming effective in 1977. Mr. Sabo explained that the law provides that a Redevelopment Agency cannot receive tax increment revenues unless the Agency is able Co demonstrate to the County that it has an indebtedness. Mr. Sabo continued stating that tag increment financing is debt financing and that an Agency does not receive the tax increment just because it created it. In conclusion, Mr. Sabo stated that the Agency incurs indebtedness to create tax increment, therefore, only to the extent that an Agency has indebtedness can the Agency receive the increment. Discussion ensued and Mr. Sabo answered questions from the Council. ADJOURNMENT At approximately 4:45 p.m. the Redevelopment Agency Workshop was adjourned. GLENDA SAUL Secretary 09/30/85 GS:jat:1418J -5 - 6568 COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO M I N U T E S REGULAR MEETING OCTOBER 7, 1985 The Community Development Commission/Redevelopment Agency meeting was called to order at approximately 11:03 a.m., by Chairman Wilcox. ROLL CALL Roll call was taken with the following being present: Chairman Wilcox; Members Esther Estrada; Ralph Hernandez; Steve Marks; Gordon Quiel; Jack Strickler. Absent: Members Jack Reilly; Dan Frazier. Absent: Ralph Prince, City Attorney. STAFF PRESENT Glenda Saul, Executive Director; Ken Henderson, Manager, Community Development Division; John Wilson, Deputy City Attorney (acting Agency Counsel); Timothy J. Sabo, Agency Bond Counsel; Leslie Orr, Transcribing Secretary. Absent: A11en R. Briggs, Agency Counsel. APPROVAL OF MINUTES - COMMUNITY DEVELOPMENT COMMISSION (la, lb and lc) Member Marks made a motion, seconded by Member Hernandez, that the minutes of May 23, 1985, September 9, 1985 and September 23, 1985 be approved. The motion carried by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: Nane. Absent: Members Reilly; Frazier. APPROVAL OF MINUTES - REDEVELOPMENT COMMITTEE (2a and2b) Member Marks made a motion, seconded by Member Hernandez to receive and file the minutes of September 12, 1985 and September 26, 1985. The motion carried by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Reilly; Frazier. SPECULATION BY DEVELOPERS Move to receive and file the attached report. The Deputy City Clerk read the title of the form motion. 10-7-85 6569 (Member Strickler left the Council Table at approximately 11:06 a.m.) Glenda Saul, Executive Director of the Redevelopment Agency, answered questions from Members Marks and Quiel regarding whether or not the Agency would recoup its investment from the sale of land where the Agency has financed a significant amount of public improvements. Ms. Saul further stated that appropriate language regarding anti-speculation, especially with respect to situations where the developer does not develop the property according to plan, would be included in all future agreements. (Member Strickler returned to the Council Table at 11:10 a.m.) Member Strickler made a motlon to receive and file the report. The motion carried by the following vote: Ayes: Members Estrada; Marks; Quiel; Strickler. Noes: None. Abstain: Member Hernandez. Absent: None. TEFRA PUBLIC HEARING - FOOD RESOURCES INTERNATIONAL, INC. (4) This is the time and place set for a public hearing to make certain findings and determinations in connection with certain industrial development bond financing and the issuance by the City of San Bernardino Industrial Development Authority of industrial development revenue bonds in a maximum principal amount not to exceed $4,440,000 (Food Resources International, Inc., Project). Mayor Wilcox officially declared the public hearing open and invited the public to speak to this issue. Member Quiel made a motion, seconded by Member Strickler, to close the public hearing. The motion carried by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Reilly; Frazier. MAYOR AND COMMON COUNCIL RESOLUTION NUMBER 85-388 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON A CERTAIN INDUSTRIAL DEVELOPMENT BOND FINANCING AND THE ISSUANCE BY THE CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT AUTHORITY OF INDUSTRIAL DEVELOPMENT REVENUE BONDS IN A MAXIMOM PRINCIPAL AMOUNT NOT TO EXCEED $4,400,000 (FOOD RESOURCES INTERNATIONAL, INC. PROJECT) 10-7-85 -2- 6570 The Deputy City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Strickler, that further reading of the resolution be waived and that said resolution be adopted. Resolution Number 85-388 was adopted by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Reilly; Frazier. (Member Hernandez left the Council Table at approximately 11:20 a.m.) CONTRACT FOR BOND COUNSEL SERVICES - SINGLE FAMILY MORTGAGE REVENGE BOND 1985 5 MAYOR AND COMMON COUNCIL RESOLUTION NUMBER 85-389 OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SABO AND GONDEK, A PROFESSIONAL CORPORATION, TO SERVE AS BOND COUNSEL TO THE CITY OF SAN BERNARDINO IN CONNECTION WITH THE 1985 SINGLE FAMILY MORTGAGE REVENUE BOND ISSUE OF THE CITY OF SAN BERNARDINO. (Member Hernandez returned to the Council Table at approximately 11:21 a.m.) The Deputy City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Strickler, to waive further reading of the resolution and that said resolution be adopted. Resolution number 85-389 was adopted by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Reilly; Frazier. INDUCEMENT RESOLUTION - IDB - S.P. COMMERCIAL DEVELOPMENT PROJECT (6) MAYOR AND COMMON COUNCIL RESOLUTION NUMBER 85-390 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS INDUSTRIAL DEVELOPMENT REVINUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; SETTING A PUBLIC HEARING; AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH (S.P. COMMERCIAL DEVELOPMENT PROJECT). The Deputy City Clerk read the title of the resolution. Mr. Merv Simchowitz, 1950 Sunwest Lane, came before the Mayor and Council to briefly explain that the land in question is on an earthquake fault and due to this teas an, it would not be feasible to build on this location. However, by building a mini-storage building on an otherwise useless piece of land, it would create revenues for the City. 10-7-85 -3- 6571 Member Marks made a motion, seconded by Member Quiel, to waive further reading of the resolution and adopt said resolution. Resolution Number 85-390 was adopted by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Reilly; Frazier. INDUSTRL9L DEVELOPMENT BOND (IDB) FEE POLICY REPORT (7) COMMUNITY DEVELOPMENT COMMISSION Move to file report of staff regarding IDS policy. The Deputy City Clerk read the motion. Member Marks made a motion, seconded by Member Quiel to receive and file the report of staff regarding IDB policy. The motion carried by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Reilly; Frazier. COLTON REIMBURSEMENT AGREEMENT - SOUTH VALLE PROJECT (8) COMMUNLTY DEVELOPMENT COMMISSION RESOLUTION NUMBER 4800 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF FIRST AMENDMENT TO AGREEMENT WITH REDEVELOPMENT AGENCY OF THE CITY OF COLTON RELATING TO PUBLIC IMPROVEMENTS FOR HUNTS LANE. The Deputy City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Strickler, to waive further reading of the resolution and that said resolution be adopted. Resolution Number 4800 was adopted by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Reilly; Frazier. (Member Estrada left the Council Table at approximately 11:25 a.m.) RESOLUTION OF BANKRUPTCY COUNSEL - HOTEL AND CONVENTION CENTER (9) COMMUNITY DEVELOPMENT COMMISSION RESOLUTION NUMBER 4801 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AGREEMENT FOR BANXRUPTCY COUNSEL SERVICES CONCERNING ENGLISH ENTERPRISES, INC. 10-7-85 -4- 6572 The Deputy City Clerk read the title of the resolution. (Member Estrada returned to the Council Table at approximately 11:27 a.m.) Member Quiel asked Glenda Saul, Executive Director, why a bankruptcy attorney had not been obtained at this point in time. The Executive Director indicated that Mr. Norm Hanover had been contacted and would be unavailable to serve as bankruptcy counsel for the Agency regarding English Enterprises, Inc. Ms. Saul further stated that the City Attorney's office would be contact other qualified bankruptcy attorneys and would make a decision in the near future. Member Marks made a motion, seconded by Member Quiel, to waive further reading of the resolution and that said resolution be adopted. Resolution Number 4801 was adopted by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Reilly; Frazier. CDBG FUNDING FOR BALLFLED LIGHTING AT RICHARDSON FIELD (10) COMMUNITY DEVELOPMENT COMMISSION Move that $38,000 from the Community Development Block Grant fund contingency account be approved for the repair of ballfield lighting on Richardson Field. The Deputy City Clerk read the form motion. Member Marks made a motion, seconded by Member Quiel to approve the motion. The motion carried by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Reilly; Frazier. APPROVAL OF AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO AND BOYS CLUB OF SAN BFRxaRDINO, INCORPORATED (11) MAYOR AND COMMON COUNCIL RESOLUTION NOMBER 85-391 OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO, AND BOYS CLUB OF SAN BERNARDINO, INCORPORATED. The Deputy City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Estrada, to waive further 10-7-85 -5- 6573 reading of the resolution and that said resolution be adopted. Resolution Number 85-391 was adopted by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Reilly; Frazier. GOODWILL INDUSTRIES (12) MAYOR AND COMMON COUNCIL Move to approve in concept Agency assistance for Goodwill Industries in the development of a new facility on Lena Road and instruct Agency Counsel to prepare the appropriate agreement. Glenda Saul, Executive Director, informed the Mayor that the address in the motion was not correct. The motion should read "a new facility on Palm Lane and Fourth Street". Mr. Jerry Butler, Director of Goodwill Industries, spoke to the Council to provide some back up information relative to Goodwill's request. Aftex a brief discussion regarding the old appraisal of the Goodwill Building in the amount of $600,000, the Mayor and Common Council directed staff to obtain a new appraisal and that the cost of the appraisal be added to the Goodwill Industries loan request of $360,000. Member Quiel made a motion, seconded by Member Strickler, to approve the form motion with the proviso that the new appraisal be added to the cost of the loan request. The motion carried by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes. None. Absent: Members Reilly; Frazier. STATE CONTROLLER'S REPORT FOR THE FISCAL YEAR 1984/1985 (13) COMMUNITY DEVELOPMENT COMMISSION Move to receive and file the Annual State Controller's report, as prepared by the audit firm of Eadie and Payne, fox fiscal year 1984/1985. Deputy City Clerk read the motion. Member Marks made a motion, seconded by Member Hernandez to receive and file the Annual State Controller's report. The motion carried by the following vote: Ayes: Members Estrada; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Members Reilly; Frazier. 10-7-85 -6- bs9y COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNABDINO M I N U T E S ADJOURNED BEGULAR MEETING NOVEMBER 4, 1985 The Community Development Commission/Redevelopment Agency meeting was called or order by Chairman Wilcox at 6:06 p.m., on Monday, November 4, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. unr.r. nnr.r. Roll Call was taken with the following being present: Chairman Wilcox, Commission Members Estrada, Reilly, Hernandez, Marka, Frazier, Strickler. Absent: Member Quiel. STAFF PRESENT Glenda Saul, Executive Director; Allen R. Briggs, Agency Counsel; Kenneth J. Henderson, Manager, Community Development Division; Sandy Lowder, Manager, Redevelopment Division; Lorraine Velarde, Administrative Services Coordinator; Leslie A. Orr, Transcribing Secretary. (1) APPROVAL OF COMMISSION MINUTES Member Marks made a motion, seconded by Member Hernandez, that the minutes of October 14, 1985 and October 21, 1985 be approved as submitted. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (2) APPROVAL OP REDEVELOPMENT COMMITTEE MINUTES Deleted. (3) DESIGNATING CHECK SIGNERS AND CO-SIGNERS FOR REDEVELOPMENT AGENCY CHECKS, VOUCHERS AND SAVING ACCOUNT WITHDRAWALS COMMUNITY DEVELOPMENT COMMISSION RESOLUTION NUMBER 4816 OF THE CONANNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DESIGNATING CHECK SIGNERS AND CO-SIGNERS FOR REDEVELOPMENT AGENCY CHECKS AND VOUCHERS, AND RESCINDING RESOLUTION 4764. 11-4-85 6600 The Deputy City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Strickler to waive further reading of the resolution and that said resolution be adopted. Resolution Number 4816 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (3a) AUTHORIZATION FOR ADDITION OF SIGNATORIES FOR THE SAFETY DEPOSIT BOR AT AMERICAN NATIONAL BANK COMMUNITY DEVELOPMENT COMMISSION RESOLUTION NUMBER 4817 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING GLENDA SAUL, EXECUTIVE DIRECTOR, MARGARET WASILOFF, ADMINISTRATIVE ASSISTANT, OR, J. LORRAINE VELARDE, ADMINISTRATIVE SERVICES COORDINATOR, TO SIGN ON BEHALF OF THE REDEVELOPMENT AGENCY FOR THE SAFETY DEPOSIT BOX. The Deputy City Clerk read the title of the resolution. Member Frazier made a motion, seconded by Member Strickler, to waive further reading of the resolution and that said resolution be adopted. Resolution Number 4817 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (4) SEWER CAPACITY RIGHTS COMMUNITY DEVELOPMENT COMMISSION RESOLUTION NUMBER 4818 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 4697 ENTITLED IN PART "RESOLUTLON...ESTABLISHING GUIDELINES FOR TRANSFER FOR SEWER CAPACITY RIGHTS"; AND ADDING A PROVISION CONCERNING GOIDELINES TO REPURCHASE SEWER CAPACITY RIGHTS. The Deputy City Clerk read the title of the resolution. Member Strickler made a motion, seconded by Member Reilly, to waive further reading o£ the resolution and that said resolution be adopted. Resolution Number 4818 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (5) A. ORDINANCE ESTABLISHING A HOME MORTGAGE FINANCE PROGRAM FOR THE CITY OF SAN BERNARDINO: B. APPROVE THE STRUCTURE OF THE 1985 BOND ISSUE 11-4-85 -Z- 6601 ITEM PUT ON SUPPLEMENTAL AGENDA. (6) APPROVAL OF CHANGE ORDER NUMBER SEVEN - CONSTRUCTION OF INTERIOR FOR NEW CENTRAL LIBRARY, PER PLAN NUMBER 6467 - BERRY CONSTRUCTION MAYOR AND COMMON COUNCIL CHANGE ORDER N0. SEVEN TO THE CONTRACT WITH BERRY CONSTRUCTION, INC., FOR CONSTRUCTION OF LNTERIOR FOR THE NEW CENTRAL LIBRARY, IN ACCORDANCE WITH PLAN N0. 6467, TO AUTHORIZE ADDITIONAL PAYMENT TO THE CONTRACTOR: AS COMPENSATION FOR COSTS INCURRED IN PROTECTING DRYWALL INSTALLATION OF ACCESS HATCH IN RESTROOM AND APPROVE CREDIT FOR SUBSTITOTION OF SKYLIGHT BEAM: AT A NEW INCREASE IN THE CONTRACT PRICE OF $2,172.42, FROM $1,602,653.64 to $1,604,826.06. Member Strickler made a motion, seconded by Member Marks, that Change Order Number Seven be approved and adopted. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (7) TEFRA PUBLIC HEARING - NOBLE PROPERTIES, INC., PROJECT MAYOR AND COMMON COUNCIL Member Strickler made a motion, seconded by Member Marks, to continue the Public Hearing to November 18, 1985. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. 8) TEFRA PUBLIC HEARING - SIMA PARTNERSHIP NUMBER 1 - PROJECT 2 MAYOR AND COF4tON COUNCIL Member Strickler made a motion, seconded by Member Marks, to continue the Public Hearing to November 18, 1985. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. 9) AWARD OF DEMOLITION BID - CCN 18 COMMONITY DEVELOPMENT COMMISSION 11-4-85 -3- 6602 RESOLUTION NUMBER 4819 OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE REDEVELOPMENT AGENCY TO ENTER INTO A CONTRACT WITH WARREN DUNCAN FOR DEMOLITION AND SITE CLEARANCE OF CERTAIN PROPERTIES IN THE AREA OF SIXTH STREET AND "E" STREET, CENTRAL CITY NORTH PROJECT AREA. The Deputy City Clerk read the title to the resolution. Mrs. Berry, a citizen of San Bernardino, spoke to the Council regarding the demolition of this property. She asked Council to postpone the awarding of the demolition contract until she could obtain financing for the relocation of this building. Mrs. Berry informed the Council that she has been searching for a piece of land in which to place the building on, but at present, she has not been able to do so. After a brief discussion between the Council, Glenda Saul, Agency Executive Director, and Agency Counsel, it was decided that it would not be feasible for the City monetarily to postpone awarding of the contract. Member Reilly made a motion, seconded by Member Hernandez, to waive further reading of resolution and that said resolution be adopted. Resolution Number 4819 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (10) TEFRA PUBLIC HEARING - S.P. COMMERCIAL DEVELOPMENT PROJECT MAYOR AND COMMON COUNCIL Member Strickler made a motion, seconded by Member Hernandez, to continue the Public Hearing to November 18, 1985. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (11) APPROVAL OF FINAL BOND DOCUMENTS - WARM CREEK PROJECT ITEM PUT ON SUPPLEMENTAL WAIVE FURTHER READING OF ALL RESOLUTIONS The Deputy City Clerk read the title of all further resolution on the regular agenda. Member Strickler made a motion, seconded by Member Hernandez, that further reading of all resolutions on the regular agenda be waived. 11-4-85 -4- 6603 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (12) AMENDING FINANCING AGREEMENT - BEST PRODUCTS COMPANY MAYOR AND COMMON COUNCIL RESOLUTION NUMBER 85-460 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROVIDING FOR CERTAIN AMENDMENTS TO A FINANCING AGREEMENT AND APPROVING SAID AMENDMENTS. Member Strickler made a motion, seconded by Member Hernandez that said resolution be adopted. Resolution Number 85-460 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (13) INDUCEMENT RESOLUTION - MULTIFAMILY MORTGAGE REVENUE BOND: LEISURE PARK APARTMENT PROJECT MAYOR AND COMMON COUNCIL RESOLUTION NUMBER 85-461 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS MULTIFAMILY MORTGAGE REVENUE BONDS: DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS: AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH (LEISURE PARK APARTMENTS PROJECT). Member Reilly made a motion, seconded by Member Marks, that said resolution be adopted. Resolution Number 85-461 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (14) APPROVAL OF FINAL BOND DOCUMENTS - CASTLEBAR PROJECT MAYOR AND COMMON COUNCIL RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE AUTHORIZATION, SALE AND ISSUANCE OF ITS CITY OF SAN BERNARDINO, CALIFORNIA, MULTIFAMILY HOUSING REVENGE BONDS 1985 SERIES (CASTLE PARK APARTMENTS PROJECT) IN A PRINCIPAL AMOUNT NOT TO EXCEED $22,000,000. Glenda Saul, Executive Director, asked that this item be tabled. 11-4-85 -5- 6604 Member Strickler made a motion, seconded by Member Reilly, to table this item. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (15) TRANSFERRING A PORTION OF 1985 BOND ALLOCATION BACK TO THE CITY OF RIDGECREST MAYOR AND COMMON COUNCIL RESOLUTION NUMBER 85-462 OF THE CITY OF SAN BERNARDINO, CALIFORNIA, TRANSFERRING TO THE CITY OF RIDGECREST, CALIFORNIA, A PORTION OF THE CALENDAR YEAR 1985 PRIVATE ACTIVITY BOND LIMIT OF THE CITY OF SAN BERNARDINO, CALIFORNIA. Member Marks made a motion, seconded by Member Hernandez, that said resolution be adopted. Resolution Number 85-462 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (16) APPROVAL OF FY 1985/1986 CDBG AGREEMENT FOR A CENTER FOR ENRICHMENT MAYOR AND COMMON COUNCIL RESOLUTION NUMBER 85-463 OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND A CENTER FOR ENRICHMENT. Member Marks made a motion, seconded by Member Hernandez, that said resolution be adopted. Resolution Number 85-463 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (17) JOBS BILL TRANSFER - VALLEY TRUCK FARM SEWER PROJECT - PUBLIC HEARING MAYOR AND COMMON COUNCIL OPEN PUBLIC HEARING CLOSE PUBLIC HEARING 11-4-85 -6- 6605 APPROVAL OF THE TRANSFER OF UNEXPENDED JOBS SILL FUNDS FOR THE PURPOSE OF PARTIALLY FINANCING THE CONSTRUCTION OF SEWER MAINS IN THE VALLEY TRUCK FARM AREA IN ACCORDANCE WITH PREVIOUS MAYOR AND COMMON COUNCIL ACTION. This is the time and place set for a public hearing to make certain findings and determinations in connection with the transfer of unexpended Jobs Bill funds for the purpose of partially financing the construction of sewer mains in the Valley Truck Farm Area. Chairman Wilcox officially declared the Public Hearing open and invited the public to speak to this issue. Mr. David Rodriguez, a citizen of San Bernardino, asked to address the Mayor and Common Council regarding this issue. Mr. Rodriguez inquired of Mayor Wilcox how was the city going to make up for the jobs as a result of the transfer of Jobs Bill funds, and what other uses for Jobs Bill funds had been considered. Mayor Wilcox asked Mr. Ken Henderson, Manager, Community Development Division, to address Mr. Rodriquez's question. Mr. Henderson recounted for the Mayor and Common Council the actions taken relative to the funding of the Valley Truck Farm Sewer project. In December, 1984, the Mayor and Common Council approved additional funding for the Valley Truck Farm project as follows: $400,000 from Community Development Block Grant $ 96,000 from Jobs Bill $188,000 from the city's sewer line construction fund. The decision was reaffirmed by the Mayor and Commoa Council in July, 1985, when the Valley Truck Farm Sewer project construction contract was awarded to Changing Times, Inc. Mr. Henderson further stated that the requirement for a Public Hearing was accounted by HUD seven (7) months after receiving initial approval of the fund transfer. Member Marks made a motion, seconded by Member Hernandez, to close the Public Hearing. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. Member Marks made a motion, seconded by Member Hernandez, to approve the transfer of unexpended Joba Bill funds for the purpose of partially financing the construction of sewer mains in the Valley Truck Farm area in accord with previous Council action. 11-4-85 -7- 6606 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (18) AWARD OF CONTRACT - CONSTRUCTION OF COMMUNITY CENTER IN NICHOLSON PARK, PER PLAN N0. 6781 - DUNCAN CONSTRUCTION MAYOR AND COMMON COUNCIL RESOLUTION NUMBER 85-464 OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DUNCAN CONSTRUCTION FOR CONSTRUCTION OF COMMUNITY CENTER IN NICHOLSON PARK. Member Hernandez made a motion, seconded by Member Estrada, that said resolution be adopted. Resolution Number 85-464 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (19) SUPPLEMENTAL FUNDING FOR NICHOLSON PARK COMMUNITY CENTER MAYOR AND COMMON COUNCIL A) APPROVE SUPPLEMENTAL FUNDING IN THE AMOUNT OF $25,000 TO COMPLETE FINANCING OF THE BASIC BID FOR CONSTRUCTION OF NICHOLSON COMMUNITY CENTER. OR B) APPROVE SUPPLEMENTAL FUNDING IN THE AMOUNT OF $48,809 WHICH INCLUDES THE BASIC BID PLUS ADDITIVE ALTERNATES 3, 4, 5, 6 AND 10. Member Marks asked Mr. Ken Henderson, Manager, Community Development Division, what additives 3, 4, 5, 6 and 10 entailed. Mr. Henderson explained that additive alternate 3 is a wood ceiling; additive alternate 4 is a folding partition with glass above; additive alternate 5 is quarry tile; additive alternate 6 is carpet and; additive alternate 10 is the installation o£ a Public Address system. Mr. Henderson further explained reasons for the additive alternates as follows: the installation of a wood ceiling would remove from view the airconditioning belts and trusses; the folding partition would divide the room in half and the glass above would enclose the trusses so that the sound would not reverberate into the next room; the quarry the and carpet at the front of the office are for the reduction of future maintenance costs. Member Marks made a motion, seconded by Member Hernandez, to approve supplemental funding for the Nicholson Park Community Center from CDBG funds 11-4-85 -8- 6607 in the amount of $48,809.00 which includes the basic bid plus additive alternates 3, 4, 5, 6, and 10. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes. None. Absent: Member Quiel. (20) GRANTEE PERFORMANCE REPORTS - CDBG ENTITLEMENT AND JOBS BILL MAYOR AND COMMON COUNCIL Member Marks made a motion, seconded by Member Hernandez, to receive and file the CDBG Entitlement and Jobs Bill Grantee Performance Report and the Jobs Bill reports, as submitted. T'he motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes. None. Absent: Member Quiel. (RS-1) JOINT PUBLIC HEARING - YEAR END HOUSING REPORT MAYOR AND COMMON COUNCIL A) RESOLUTION NUMBER 85-465 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, SETTING A JOINT PUBLIC HEARING WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO IN CONNECTION WITH THE REVIEW AND CONSIDERATION OF A CERTAIN 1985 YEAREND REPORT OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REGARDING HOUSING DEVELOPMENT AND LOW-INCOME HOUSING ASSISTANCE POLICIES. COMMUNITY DEVELOPMENT COMMISSION B) RESOLUTION NUMBER 4820 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, SETTING A JOINT PUBLIC HEARING WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO IN CONNECTION WITH THE REVIEW AND CONSIDERATION OF A CERTAIN 1985 YEAREND REPORT OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REGARDING HOUSING DEVELOPMENT AND LOW-INCOME HOUSING ASSISTANCE POLICIES. The Deputy City Clerk read the titles of the resolutions. Member Strickler made a motion, seconded by Member Reilly, to waive further reading of the resolutions and that said resolutions be adopted. Resolution Numbers 85-465 and 4820 were adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes. None. Absent: Member Quiel. 11-4-85 -9- 6608 WAIVE FURTHER READING OF RESOLUTIONS The Deputy City Clerk read the titles of the remaining resolutions on the supplemental agenda. Member Strickler made a motion, seconded by Member Marks to waive further reading of all resolutions on the supplemental agenda. The motion carried by the Following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (RS-2) APPROVING THE ISSUANCE OF CENTRAL CITY BONDS, APPROVING THE ESCROW AGREEMENT WITH SECURITY PACIFIC BANK MAYOR AND COMMON COUNCIL A) RESOLUTION NUMBER 85-466 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSOANCE BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $22,500,000 OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CENTRAL CITY REDEVELOPMENT PROJECT, TAX ALLOCATION REFUNDSNG BONDS, ISSUE OF 1985, AND MAKING CERTAIN DETERMINATIONS RELATING THERETO. COMMUNITY DEVELOPMENT COMMISSION B) RESOLUTION NUMBER 4821 OF THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN ESCROW AGREEMENT WITH SECURITY PACIFIC NATIONAL BANK. Member Strickler made a motion, seconded by Member Reilly, that said resolutions be adopted. Resolutions Numbered 85-466 and 4821 were adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes. None. Absent: Member Quiel. (RS-3) BEAUTIFICATION OF WATERMAN AVENUE MEDIAN FROM DUMAS STREET TO CENTRAL AVENUE - VALLEY TRUCK FARM MAYOR AND COMMON COUNCIL APPROVE THE REALLOCATION OF $23,741 IN VALLEY TRUCK FARM SEWER FUNDS (CDBG) TO BE APPLIED TO THE BEAUTIFICATION OF THE WATERMAN AVENUE MEDIAN FROM DUMAS STREET TO CENTRAL AVENUE. Member Strickler made a motion, seconded by Member Hernandez, to approve the reallocation of $23,741.00 in Valley Truck Sewer Funds (CDBG) to 11-4-85 -10- 6609 be applied to the beautification of the Waterman Avenue median from Dumas Street to Central Avenue. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes. None. Absent: Member Qui el. (RS-4) RENTENTION OF BANKRUPTCY COUNSEL - SIMON AND SIMON COMMUNITY DEVELOPMENT COMMISSION RESOLUTION NUMBER 4822 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND SIMON AND SIMON, A PROFESSIONAL LAW CORPORATION. Member Strickler made a motion, seconded by Member Hernandez, that said resolution be adopted. Resolution Number 4822 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes. None. Absent: Member Quiel. (RS-5) A. ORDINANCE ESTABLISHING A HOME MORTGAGE FINANCE PROGRAM FOR THE CITY OF SAN BERNARDINO: B. APPROVE THE STRUCTURE OF THE 1985 BOND ISSUE MAYOR AND CO[~ION COUNCIL A) AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING A HOME MORTGAGE FINANCE PROGRAM FOR LOW AND MODERATE INCOME FAMILIES PURSUANT TO PART 5 OF DIVISION 31 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND AUTHORIZING CITY OFFICERS TO IMPLEMENT THE PROGRAM. B) APPROVE THE CURRENT STRUCTURE OF THE 1985 SINGLE FAMILY MORTGAGE REVENUE BOND CITY OF SAN BERNARDINO ISSUE, PROPOSED BY STAFF. Member Reilly made a motion, seconded by Member Strickler, to approve the structure of the 1985 single family mortgage financing program as recommended by staff. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes. None. Absent: Member Quiel. (RS-6) APPROVAL OF FINAL BOND DOCUMENTS - WARM CREEK PROJECT MAYOR AND CO[Mi0NC0UNCIL 11-4-85 -11- 6610 RESOLUTION NUMBER 85-467 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE AUTHORIZATION, SALE AND ISSOANCE OF ITS CITY OF SAN BERNARDINO, CALIFORNIA, MULTIFAMILY HOOSING REVENUE BONDS (GREAT AMERICAN FIRST SAVINGS BANK/WARM CREEK APARTMENTS PROJECT) SERIES 1985, IN A PRINCIPAL AMOUNT NOT TO EXCEED $11,220,000. Member Strickler made a motion, seconded by Member Frazier, that said resolution be adopted. Resolution Number 85-467 was adopted by the following vote: Ayes: Members Estrada, Reilly, Marks, Frazier, Strickler. Noes. Member Hernandez. Absent: Member Quiel. ADJOURNMENT At approximately 6:35 p.m., the Commission adjourned the meeting of the Redevelopment Agency and resumed City business. Glenda Saul, Executive Director 11-4-85 461 -12- 6611 M I N U T E S COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING November 18; 1985 The Community Development Commission/Redevelopment Agency meeting was called to order at approximately 11:48 a.m., by Chairman Wilcox, Monday, November 18, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Chairman Wilcox, Commission Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. STAFF PRESENT Glenda Saul, Executive Director; Allen R. Briggs, Agency Counsel; Kenneth J. Henderson, Manager, Community Development Division; Sandy Lowder, Manager, Redevelopment Division; Lorraine Velarde, Administrative Services Coordinator; Sue Gonzales, Recording Secretary. (14) AGREEMENT FOR FINANCIAL ADVISOR TO THE AGENCY COMMUNITY DEVELOPMENT COMMISSION RESOLUTION NUMBER 4824 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND MILLER & SCHROEDER FOR FINANCIAL CONSULTANT SERVICES. The City Clerk read the title of the proposed resolution. Member Marks made a motion, seconded by Member Quiel to waive further reading of the resolution and that said resolution be adopted. Resolution Number 4824 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. 11/18/85 6612 MEMBER MARKS LEFT Member Marks left the Meeting. (la) (b) APPROVAL OF COMMISSION MINUTES Member Hernandez made a motion, seconded by Member Reilly that the minutes of November 1, 1985 and November 4, 1985, be approved as submitted. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Abstain: Member Quiel. Absent: Member Marks. (2a) REDEVELOPMENT COMMITTEE MINUTES Member Hernandez made a motion, seconded by Member Reilly that the Redevelopment Committee minutes of October 15, 1985, be received and filed as submitted. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Member Marks. (2b) REDEVELOPMENT COMMITTEE MINUTES Member Hernandez made a motion, seconded by Member Re311y that the Redevelopment Committee minutes of October 25, 1985, be received and filed as submitted. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Abstain: Member Quiel. Absent: Member Marks. -- CONTRACT WITH MARK CHANGE ORDER N0. SIX TO THE CONTRACT WITH MARK COX ELECTRIC, INC., FOR THE NEW CENTRAL LIBRARY IN ACCORDANCE WITH PLAN N0. 6464, BE APPROVED: TO AUTHORIZE THE CONTRACTOR TO RELOCATE TEMPORARY POWER: PROVIDE ADDITIONAL WIRING FOR ELEVATOR CONTROL, AND RELOCATE THREE THERMOSTATS, AT AN INCREASE IN CONTRACT PRICE OF $661.75, from $501,435.10 TO $502,096.85. Member Quiel made a motion, seconded by Member Strickler that Change Order Number Six be approved and adopted. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Member Marks. - 2 - 11/18/85 6613 (4) APPROVAL OF CHANGE ORDER N0. SEVEN -- CONTRACT WITH MARK COR ELECTRIC - FACILITIES FOR NEW CENTRAL LIBRARY, PER PLAN N0. 6464. CHANGE ORDER N0. SEVEN TO THE CONTRACT WITH MARK COX ELECTRIC, INC., FOR CONSTRUCTION OF ELECTRICAL FACILITIES FOR THE NEW CENTRAL LIBRARY IN ACCORDANCE WITH PLAN N0. 6464; TO AUTHORIZE THE CONTRACTOR TO INSTALL HALO MODEL 111176 TRACK LIGHTS IN PLACE OF HALO MODEL 11733-P TRACK LIGHTS, AT AN INCREASE IN THE CONTRACT PRICE OF $1,003.93, FROM $502,096.85 TO $503,100.78. Member Strickler made a motion, seconded by Member Quiel that Change Order Number Seven be approved and adopted. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Member Marks. (5) APPROVAL OF CHANGE ORDERS 1 6 2 - MATICH CORPORATION SOUTH VALLE - HONTS LANE COMMUNTIY DEVELOPMENT COMMISSION Member Strickler made a motion, seconded by Member Quiel authorizing and directing execution of Change Orders 1 & 2 with Matich Corporation increasing contract amount from $283,668.10 to $286,290.67. (Increase of $2,622.57), and authorizing preparation and execution of an Amendment No. 2 to agreement with City of Colton for reimbursement of costs to Hunts Lane improvements increasing participation by Colton in the amount of $2,622.57 to cover Change Orders No. 1 & 2 to Matich Contract. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Member Marks. MEMBER FRAZIER LEFT Member Frazier left the Council Meeting. (6)DECLARATION OF DEFAULT T.J. BURRIS COED. - SEIP Member Quiel made a motion, seconded by Member Strickler authorizing Staff and Agency Counsel to prepare and file a Notice of Default and Declaration of Forfeiture on he property sold to T.J. Burris Corp. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Abseat: Members Marks and Frazier. - 3 - 11/18/85 6614 MEMBER MARKS RETURNED. Member Marks returned to the Commission Meeting and took his place at the table. .«,+, MEMBER FRAZIER RETURNED ~ -~ Member Frazier returned to the Commission Meeting and took his place at the table. (7) ORDINANCE ESTABLISHING A HOME MORTGAGE FINANCE PROGRAM FOR THE CITY OF SAN BERNARDINO - SECOND READING ORDINANCE NUMBER MC-483 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING A HOME MORTGAGE FINANCE PROGRAM FOR LOW- and MODERATE-INCOME FAMILIES PURSUANT TO PART 5 OF DIVISION 31 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND AUTHORIZING CITY OFFICERS TO IMPLEMENT THE PROGRAM. The City Clerk read the title of the proposed ordinance Member Reilly made a motion, seconded by Member Strickler to waive further reading of the ordinance and that said ordinance be adopted. Ordinance Number MC-483 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. '"~ (8) TEFRA PUBLIC HEARING - NOBLE PROPERTIES, INC. MAYOR AND COMMON COUNCIL Glenda Saul, Executive Director, asked that this item be tabled. Member Strickler made a motion, seconded by Member Quiel to table this item. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Qulel, Frazier, Strickler. Noes: None. Absent: None. (9) TEFRA PUBLIC xaaxrxG - SIMA PARTNERSHIP N0. 1 - PROJECT 2 MAYOR AND COMMON COUNCIL RESOLUTION N0. 85-469 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING CONDUCTED IN ACCORDANCE WITH SECTION 103(k) OF THE INTERNAL REVENUE CODE OF 1954 (SIMA PROJECT). +, - 4 - 11/18/85 6615 This is the time and place set for a public hearing to make certain findings and determinations in connection with a public hearing conducted in accordance with Section 103(k) of the Internal Revenue Code of 1954 (Sima Project). Chairman Wilcox off lcially declared the Public Hearing open and invited the public to speak to this issue. Member Strickler made a motion, seconded by Member Hernandez to close the Public Hearing. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. The City Clerk read the title of the proposed resolution. Member Strickler made a motion, seconded by Member Hernandez to waive further reading of the resolution and that said resolution be adopted. Reaolution Number 85-469 was carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None MEMBER QUIEL LEFT Member Quiel left the Council Meeting. (10) TEFRA PUBLIC HEARING - S.P. COMMERCL9L DEVELOPMENT MAYOR AND COMMON COUNCIL Glenda Saul, Executive Director, asked that this item be continued to the next regularly scheduled meeting of December 2, 1985. Member Hernandez made a motion, seconded by Member Strickler to continue this item to December 2, 1985. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. MEMBER QUIEL RETURNED Member Quiel returned to the Commission Meeting and took his place at the table. (11) TEFRA PUBLIC HEARING - SOUTH POINTE IV MAYOR AND COMMON COUNCIL - 5 - 11/18/85 6616 This is the time and place set for a public hearing approving the issuance by the City of its "City of San Bernardino, Multi-Family Housing Revenue Bonds, Series 1985 (South Pointe IV Project)" and making certain determinations relating thereto (TEFRA) Chairman Wilcox officially declared the Public Hearing open and invited the public to speak to this item. Member Strickler made a motion, seconded by Member Quiel, to close the Public Hearing. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None RESOLUTION NUMBER 85-470 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, APPROVING THE ISSUANCE BY THE CITY OF ITS "CITY OF SAN BERNARDINO, MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 1985 (SOUTH POINTE IV PROJECT)" AND MAKING CERTAIN DETERMINATIONS RELATING THERETO (TEFRA) The City Clerk read the title of the proposed resolution. Member Reilly made a motion seconded by Member Quiel to waive further reading of the resolution and that said resolution be adopted. Resolution Number 85-470 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None (12) JOINT PUBLIC HEARING - 1985 YEAREND HOUSING REPORT MAYOR AND COMMON COUNCIL This is the time and place set for a public hearing accepting a certain 1985 Yearend Report of the City of San Bernardino California, and the Redevelopment Agency of the City of San Bernardino regarding housing development and low-income housing assistance policies and authorizing the publication thereof. Chairman Wilcox officially declared the Public Hearing open and invited the public to speak to this issue. Member Strickler made a motion, seconded by Member Quiel to close the public hearing. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None RESOLUTION NUMBER 85-471 OF THE MAYOR AND COPPfON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACCEPTING A CERTAIN 1985 YEAREND REPORT OF - 6 - 11/18/85 6617 THE CITY OF SAN BERNARDINO, CALIFORNIA, AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REGARDING HOUSING DEVELOPMENT AND LOW-INCOME HOUSING ASSISTANCE POLICIES AND AUTHORIZING THE PUBLICATION THEREOF. COMMUNITY DEVELOPMENT COMMISSION RESOLUTION NUMBER 4823 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACCEPTING A CERTAIN 1985 YEAREND REPORT OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REGARDING HOUSING DEVELOPMENT AND LOW-INCOME HOUSING ASSISTANCE POLICIES AND AUTHORIZING THE PUBLICATION THEREOF. The City Clerk read the titles of the proposed resolutions. Member Quiel made a motion, seconded by Member Strickler to waive further reading of the resolutions. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None Member Quiel made a motion, seconded by Member Strickler that said resolutions be adopted. Resolution Number 85-471 and Resolution Number 4823 were adopted by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None Abstain: Member Hernandez. Glenda Saul explained that this report must be filed by the end of the year in order to apply for next years allocation of Single Family housing. Councilman Hernandez express his concerns that the emphasis of the single family housing finance program should not be on housing for moderate income families so much as for housing for truly low income families and that the housing price limits specified are beyond the range of low income families. (RS-2) SAN BERNARDINO COMMUNITY HOSPITAL - INDUCEMENT RESOLUTION, AGREEMENT FOR BOND COUNSEL SERVICES MAYOR AND COMMON COUNCIL RESOLUTION NUMBER 85-472 OF THE MAYOR AND COFAfON COUNCIL OF THE CITY OF SAN BERNARDINO CONCERNING THE ISSUANCE OF REVENUE BONDS TO FINANCE A PROJECT FOR SAN BERNARDINO COMMUNITY HOSPITAL. The City Clerk read the title of the resolution. Member Frazier made a motion, seconded by Member Reilly to waive further reading of the resolution. - 7 - 11/18/85 6618 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None Member Strickler made a motion, seconded by Member Frazier ~to adopt said resolution. Mr. Ray Barton, Administrator, San Bernardino Community Hospital, indicated that the hospital had withdrawn their one percent fee waiver request. Member Estrada indicated she has not been completely satisfied with the services of Community Hospital in the past, but feels the community will continue to need the type of medical services provided by the hospital. She, therefore, cast her vote supporting this issue. Resolution Number 85-472 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Abstain: Member Quiel. Absent: None RECESS MEETING Member Quiel made motion, seconded by Member Frazier to recess the meeting until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None At approximately 12:05 p.m., Chairman Wilcox adjourned the meeting to 2:00 p.m. RECONVENE MEETING xnr.r. rar.r. Roll Call was taken and with the following being present: Chairman Wilcox, Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier and Strickler. STAPF PRESENT Glenda Saul, Executive Director; Allen R. Briggs, Agency Counsel; Kenneth J. Henderson, Manager, Community Development Division; Sandy Lowder, Manager, Redevelopment Division; Lorraine Velarde, Administrative Services Coordinator; Sue Gonzales, Recording Secretary. (13) AMENDING APPLICATION FOR IDB AND RATIFYING PUBLICATION OF NOTICR - DEL ROSH GARDENS PROJECT MAYOR AND COMMON COUNCIL . . - 8 - 11/18/85 6619 RESOLUTION NUMBER 85-473 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING A CERTAIN APPLICATION AND RATIFYING THE PUBLICATION OF A NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $11,400,000 PRINCIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVENUE BONDS (DEL ROSA GARDENS PROJECT) The City Clerk read the title of the resolution. Member Strickler made a motion, seconded by Member Quiel to waive further reading of the resolution and that said resolution be adopted. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None (15) SET HEARING - PREVAILING WAGE RATE POLICY MAYOR AND COMMON COUNCIL Member Marks made a motion, seconded by Member Estrada that the City and Commission set a hearing for the consideration of a policy decision regarding prevailing wage rates, monitoring, enforcement and cost related thereto, for any City or Commission participating contracts. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None Member Marks expressed his concerns over the soft language contained in the Schurgin (Best) contracts. He felt that the original, more protective language should be incorporated in these contracts relating to prevailing wage rates and that the matter should come before public hearing and at that time the council should determine the course of action. Member Marks made a motion, seconded by Member Estrada to instruct staff that in all future contracts in RDA that until the hearing the stronger, standard language used with respect to prevailing rates of pay be incorporated in those contracts as they were prior to the Best Contract and that the whole issue then come before the Council as a policy matter and discussed at the public hearing. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None Member Marks made a motion, seconded by Member Estrada to set a hearing regarding Prevailing Wage Rates policies for Monday, January 13, 1986, 6:00 p.m. - 9 - 11/18/85 6620 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None (16) BEAUTIFICTION PROGRAM APPLICATIONS COMMUNITY DEVELOPMENT COMMISSION Member Quiel made a motion, seconded by Member Frazier to approve Mr. Brian Simpson's Beautification Project in the amount of $10,000 as recommended by the Redevelopment Committee on October 25, 1985., and to approve Mr. Richard S. Davidson's Beautification project in the amount of $6,450 as recommended by the Redevelopment Committee on October 25, 1985. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. Absent: None Member Marks made a motion, seconded by Member Quiel to approve Mr. M.C. Carey's beautification project in the amount of $3,470 (excluding roof and parking lot resurfacing.) The motion carried by the following vote: Ayes: Members Estrada, OReilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. Absent: None PROGRAM REVISIONS COMMUNITY DEVELOPMENT COMMISSION Member Quiel made a motion, seconded by Member Reilly to approve $50,000 increase in beautification program for projects within Redevelopment Project areas. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None Member Quiel made a motion, seconded by Member Strickler to approve expansion of beautification boundaries as presented by staff and recommended by the Redevelopment Committee. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None Abstain: Member Hernandez. Member Strickler made a motion, seconded by Member Quiel to approve revised language of the beautification program. - 10 - 11/18/85 6621 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Member Hernandez. ENTERPRISE ZONE MAYOR AND COMMON COUNCIL Member Marks made a motion, seconded by Member Frazier to approve in concept a contract with the Data Gathering Center (California State University, San Bernardino) for the development of a marketing strategy for the Enterprise Zone. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. Absent: None (19) ENTERPRISE ZONE MAYOR AND COMMON COUNCIL (1ST READING) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 3.18.050 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR ADDITIONAL TIME FOR THE FEE EXEMPTION PROVISION TO APPLY IN THE ENTERPRISE ZONE. T'he City Clerk read the title of the Ordinance. Member Marks made a motion, seconded by Member Estrada to waive further reading of the proposed ordinance and to lay over for final passage with the following changes by interlineation to read: For any qualifying new or expanding business which locates or expands in the Enterprise Zone within the first four years of the life of the Enterprise Zone, City shall exempt on a one-time basis from certain fees to qualifying new or expanding businesses located within the Commercial Area of the Enterprise Zone, upon application, the following: all engineering fees, planning fees, building permit fees, and mechanical fees imposed by the City. Storm drain and sewer capacity fee charges are expressly not exempt." The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None Member Hernandez asked for a complete summary of inducements approved by the preliminary application, final application, and ordinance to make sure all are in compliance. (20) COMMUNITY DEVELOPMENT BLOCK GRANT AUDIT REPORT FOR FISCAL YEAR 1984-85 - 11 - 11/18/85 6622 COMMUNITY DEVELOPMENT COMMISSION Ken Henderson, Manager, Community Development Division, explained that the Agency formerly had a consultant to prepare the EIR's for the Community Block Grant Projects. In the latter part of 1983, HUD took the position they would no longer require EIR's for CDBG funded projects. This was consistent with some of the revisions the Reagan Administration tried to include in the Clean Air Act. The Agency had, at that time, been under a monitoring review by an EIR Specialist for HUD for the 1983-84 fiscal year and were found to be in compliance with all governing rules and regulations. But, for 1984-85 we no longer had a consultant on retainer and the 1984-85 projects were not included in the EIR process. HUD has since changed its position and now require EIR's. When staff realized that the EIR's had not been completed for 1984-85, they were included in this year's planning services agreement. Member Reilly made a motion, seconded by Member Quiel to instruct staff to comply with the 1985-86 projects and to retroactively prepare the Environmental Impact Reports for 1984-85 CDBG projects. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None (22) APPROVAL OF INFILL HOUSING PROGRAM MAYOR AND COMMON COUNCIL RESOLUTION NUMBER 85-474 OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING INFILL HOUSING PROGRAM AND AUTHORIZING STAFF TO IMPLEMENT THE SAME. COVA7UNITY DEVELOPMENT COMMISSION RESOLUTION NUMBER 4825 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING INFILL HOUSING PROGRAM AND AUTHORIZING STAFF TO IMPLEMENT THE SAME. The City Clerk read the titles of the resolutions. Member Marks made a motion, seconded by Member Quiel to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None Member Quiel made a motion, seconded by Member Strickler to adopt said resolutions. r~ -. - 12 - 11/18/85 6623 Glenda Saul, Executive Secretary, indicated that 2 million dollars of the Mortgage Revenue Bond issue that is being sold now is designated and targeted for the infill program. Every effort will be made to utilize the funds in that target area. She explained that we only have 2 years to utilize that mortgage money before losing it. Reso Number 85-474 and Reso Number 4825 were adopted by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Member Hernandez. (24) HISPANIC CHAMBER OF COMMERCE, INC., (GRANT DEED CONVEYANCE) MAYOR AND COMMON COUNCIL RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A GRANT DEED CONVEYING CERTAIN PROPERTY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Estrada to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None Member Hernandez made a motion, seconded by Member Frazier to refer this matter to Ways & Means Committee. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier. Noes: Members Quiel and Strickler. Absent: None (25) HOUSING ASSISTANCE PLAN (HAP) MAYOR AND COMMON COUNCIL Member Marks made a motion, seconded by Member Reilly to receive and file the report with corrections. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None (26) MENTAL HEALTH ASSOCIATION COMMUNTTY DEVELOPMENT COMMISSION Member Strickler made a motion, seconded by Member Reilly to receive and file the report. - 13 - 11/18/85 6624 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: n None (RS-1) APPROVAL OF REDEVELOPMENT COMMITTEE MINUTES COMMUNITY DEVELOPMENT COMMISSION Member Strickler made a motion, seconded by Member Reilly to receive and file the Redevelopment Committee minutes o£ November 7, 1985. Member Marks indicated that the minutes should reflect the following: The developers of the auto center started with a request of over $3,000,000 of assistance. Through negotiations, the costs have been reduced to a maximum Agency participation of $800,000. The committee recommended placing on the agenda a concept of reimbursing the developers of maximum of $800,000 - $100,000 per auto dealer upon issuance of occupancy certificate. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: None. Abstain: Member Quiel, Member Strickler stated that if an agreement connot be reached with the developers by the expiration of their Exclusive Right to Negotiate (12/27/85), he would entertain a motion to seek another developer for the Auto Center development. (RS-3) HEATING, VENTILATION & AIR CONDITIONING/ELECTRICAL SYSTEMS - CONVENTION CENTER. COMMUNITY DEVELOPMENT COMMISSION Member Strickler made a motion, seconded by Member Quiel to continue discussion of Discontinuance of Utility Service to the Convention Center to December 16, 1985. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: .None. Absent: None (RS-4) NEIGHBORHOOD HOUSSNG SERVICES INC. SHORT-TERM LOAN AGREEMENT (INFILL HOUSING . MAYOR AND COPAfON COUNCIL RESOLUTION NUMBER 85-475 OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF SHORT-TERM LOAN AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES, INC., FOR INFILL HOUSING PROGRAM. The City Clerk read the title of the resolution. - 14 - 11/18/85 6625 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None APPROVAL OF COP4fUNITY DEVELOPMENT COMMISSION) RESOLUTION NUMBER 4826 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF OSAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SWAN BERNARDINO AND EXECU-SYSTEMS REALTORS OF SAN BERNARDINO:, INC., FOR AN INFILL HOUSING PROGRAM. The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Estrada to waive further reading of the resolution and that said resolution be adopted. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None APPROVAL OF FINAL BOND DOCUMENTS - CASTLEBAR PROJECT - SUBJECT TO APPROVAL BY AGENCY COUNSEL MAYOR AND COMMON COUNCIL RESOLUTION NUMBER 85-476 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVLNG CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE AUTHORIZATION, SALE AND ISSUANCE OF ITS CITY OF SAN BERNARDINO, CALIFORNIA, MULTIFAMILY HOUSING REVENUE BONDS 1985 SERIES (CASTLE PARK APARTMENTS PROJECT) IN A PRINCIPAL AMOUNT NOT TO EXCEED $22,000,000. The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Reilly to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None Member Quiel made a motion, seconded by Member Reilly to adopt said resolution. Reso Number 85-476 was adopted by the following vote: Ayes: Members - 15 - 11/18/85 6626 Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None ADJOURNMENT At 3:30 p.m. the meeting of the Community Development Commission was adjourned. O~/~:~ ;~ ~~ / Glenda Saul, Executive Director 11/18/85 0120G m~h - 16 - 11/18/85 6627 M I N U T E S COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING November 20, 1985 The Community Development Commission/Redevelopment Agency meeting was called to order at approximately 11:15 a.m., by Chairman Wilcox, on Wednesday, November 20, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. xnn r.Att Roll Call was taken with the following being present: Chairman Wilcox, Commission Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier and Strickler. Stnff PravanT Glenda Saul, Executive Director; Allen R. Briggs, Agency Counsel; Kenneth J. Henderson, Manager, Community Development Division; Sandy Lowder, Manager, Redevelopment Division; Lorraine Velarde, Administrative Services Coordinator; Sue Gonzales, Recording Secretary. WESTSIDE COMMUNITY DEVEIAPMENT CORPORATION Mayor and Common Council Westside Community Development Corporation is requesting an emergency loan in the amount of $100,000 from the San Bernardino Redevelopment Agency. Glenda Saul, Executive Director, asked the Commission for additional time in order for staff to prepare more thoroughly for this item. Member Frazier made a motion, seconded by Member Estrada to continue this item to Tuesday, November 26, 1985. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None Adjournment At 11:20 p.m., the meeting of the Community Development Commission was adjourned to Tuesday, November 26, 1985, 10:00 a.m. 01406 Glenda Saul, Secretary 11/20/85 6629 M I N U T E S COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING NOVEMBER 26, 1985 The Community Development Commission/Redevelopment Agency meeting was called to order at approximately 10:00 a.m., by Mayor Pro Tem Estrada, on Tuesday, November 26, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll Call was taken with the following being present: Mayor Pro Tem Estrada, Commission Members Reilly, Hernandez, Marks, Quiel, Frazier and Strickler. Staff Present Glenda Saul, Executive Director; Ralph H. Prince, Agency Counsel; Kenneth J. Henderson, Manager, Community Development Division; Sandy Lowder, Manager, Redevelopment Division; Lorraine Velarde, Administrative Services Coordinator; Sue Gonzales, Recording Secretary. EMERGENCY LOAN TO WESTSIDE COMMUNITY DEVELOPMENT CORPORATION Mayor and Common Council Ken Henderson, Manager, Community Development Division, summarized the Agency's previous actions with Westside CDC's emergency loan request, including the conditions the Commission had imposed on Westside CDC as follows: 1) That the Agency loan be secured by a second deed of trust, second only to Chino Valley Bank, in an amount not to exceed $360,000; 2) That no other liens remain unpaid after the closing of the loan. 3) That WSCDC have a valid commitment for take-out financing in an amount of at least $550,000. 4) Further, that the Redevelopment Agency loan of $100,000 be paid from the take-out loan of $550,000. 11/26/85 6630 He then explained EDA's position with respect to any further encumbrance on the property. EDA will not issue a Mortgage Waiver Release on the property which would allow the Agency to secure its money. EDA has indicated to the Agency that they will allow CDC to acquire take-out financing of at least the amount of the $357,000 Chino Valley Bank loan, plus the $112,000 earlier Agency loan, if CDC agrees, in writing, to repay the Agency the $112,000 owed. There is no guarantee if a Mortgage Waiver Release is requested that the release will be processed and approved by EDA. Mr. Henderson then summarized the five (5) reasons Agency staff developed in recommending denial of the emergency loan request. Valerie Pope Ludlam, President, San Bernardino Westside Community Development Corporation, indicated they were under the impression the $112,000 loan was to be repaid through tax increment and was not a loan. She stated CDC only owed $15,000 on their five (5) loans at this time and that the staff report was inaccurate. She stated CDC has proved to be a direct economic benefit to the westside of San Bernardino. Member Hernandez indicated he doesn't want to see the building close and that he would like to see the City work with CDC and EDA to reach an understanding. Glenda Saul, Executive Director, indicated there could be other avenues explored that may resolve the financial problems of the Westside CDC on a permanent basis, which could prove to be a mutual benefit to the Westside CDC and the clients they serve. Member Marks made a motion, seconded by Member Quiel, to deny the emergency loan to the Westside CDC and to direct Redevelopment staff to meet with CDC with a view toward developing permanent solutions to the problems that will have a mutual benefit to both the Westside CDC and the Agency. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: Member Hernandez. Abstain: Member Frazier. Absent: None Adjournment At approximately 11:30 a.m., Mayor Pro Tem adjourned the meeting to Monday, December 2, 1985, 11:00 a.m., San Bernardino City Council Chambers, 300 North "D" Street, San Bernardino, California. Gen a Saul, Secretary 141G 6631 COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO M I N U T E S ADJOURNED REGULAR MEETING DECEMBER 2, 1985 The Community Development Commission/Redevelopment Agency meeting was called to order at approximately 11:24 a.m., by Chairman Wilcox. ROLL CALL Roll call was taken with the following being present: Chairman Wilcox; Members Esther Estrada; Jack Reilly; Ralph Hernandez; Steve Marks; Gordon Quiel; Dan Frazier; Sack Strickler; Ralph Prince, City Attorney; Shauna Clark, City Clerk. Absent: None. CTAFF PR F.SF.NT Glenda Saul, Executive Director; Ken Henderson, Manager, Community Development Division; Sandy Lowder, Manager, Redevelopment Division; Lorraine Velarde, Administrative Services Coordinator; Allen R. Briggs, Agency Counsel; Timothy J. Sabo, Bond Counsel; Leslie A. Orr, Transcribing Secretary. (1) APPROVAL OF COMMISSION MINUTES Community Development Commission Member Strickler made a motion, seconded by Member Estrada to approve the minutes of November 18, 1985 as submitted. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (2) REDEVELOPMENT COMMITTEE MINUTES Community Development Commission Member Marks amended the minutes of November 21, 1985. He requested that the Roll Call be changed to include Members Quiel and Reilly and exclude himself as he did not attend this meeting. Member Marks made a motion, seconded by Member Reilly, to receive and file the minutes as amended. 12/2/85 6632 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (3) AUTO CENTER Community Development Commission Member Marks made a motion, seconded by Member Quiel to approve in concept an owner participation agreement for the development of an auto center and authorize preparation of the agreement for Commission approval. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (4) TEFRA PUBLIC HEARING - APPROVING BOND DOCUMENTS, DEL ROSA GARDENS PROJECT Mayor and Common Council RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS IN ACCORDANCE WITH SECTION 103(k) OF THE INTERNAL REVENUE CODE OF 1954, AS AMENDED, APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE AUTHORIZATION, SALE AND ISSUANCE OF APPROXIMATELY $11,400,000 PRINCIPAL AMOUNT OF MULTI-FAMILY MORTGAGE REVENUE BONDS (MERCURY SAVINGS AND LOAN ASSOCIATION/DEL ROSA APARTMENTS PROJECT). The City Clerk read the title of the resolution. Glenda Saul, Executive Director, asked that this item be continued to January 6, 1986. Member Hernandez made a motion, seconded by Member Quiel to waive further reading of the resolution and to continue this item to January 6, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (5) ENTERPRISE ZONE Mayor and Common Council The City Clerk read the title of the ordinance. Second Reading: 12/2/85 -2- 6633 ORDINANCE NUMBER MC 485 OF THE CITY OF SAN BERNARDINO AMENDING SECTION 3.18.050 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR ADDITIONAL TIME FOR THE FEE EXEMPTION PROVISION TO APPLY IN THE ENTERPRISE ZONE. Member Frazier inquired as to whether or not businesses that were expanding or currently located at Baseline and Highland qualified for rebate and fee exemptions. Glenda Saul, Executive Director, and Allen Briggs, Agency Counsel, responded to Member Frazier's question and stated that only those new or expanding businesses located in the commercially designated area as defined by the Enterprise Zone Incentive Ordinance would qualify for such fee exemptions and/or rebates. Member Frazier expressed his concern [hatHighland Avenue and Baseline Street are not included in the designated commercial area, and that it has been his intent throughout discussions on the Enterprise Zone that commercial areas on the above mentioned streets should get the same incentives as those in the Mt. Vernon corridor. Member Frazier indicated he may seek to have the incentives granted to these areas after the state designation of the Enterprise Zone. No action was taken on this matter. Member Frazier made a motion, seconded by Member Marks, to waive final reading of the ordinance and that said ordinance be adopted. Ordinance Number MC 485 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (6) INDUCEMENT RESOLUTIONS - COOPERATIVE AGREEMENT WITH COUNTY - LNTERNATIONAL CHRISTIAN GRADUATE UNIVERSITY Mayor and Common Council A) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FINDING THAT AN APPLICATION FOR INDUSTRIAL DEVELOPMENT BOND FINANCING HAS BEEN SUBMITTED PURSUANT TO THE PROVISIONS OF ORDINANCE N0. 3815 OF THE CITY FOR A CERTAIN PRQTECT, FINDING THAT SAID APPLICATION COMPLIES WITH THE PROVISIONS AND REQUIREMENTS OF SAID ORDINANCE N0. 3815; APPROVING SAID APPLICATION AND THE PROJECT TO WHICH IT REFERS; DIRECTING THE PREPARATION OF A PROJECT AGREEMENT, A RESOLUTION OF ISSUANCE AND SUCH OTHER LEGAL DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT SAID PROJECT AND PROVIDE FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS THEREFORE; AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. B. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FINDING THAT AN APPLICATION FOR INDUSTRIAL DEVELOPMENT BOND FINANCING HAS BEEN SUBMITTED PURSUANT TO THE PROVISIONS OF ORDINANCE N0. 3815 OF THE 12/2/85 -3- 6634 CITY FOR A CERTAIN PROJECT, FINDING THAT SAID APPLICATION COMPLIES WITH THE PROVISIONS AND REQUIREMENTS OF SAID ORDINANCE N0. 3815; APPROVING SAID APPLICATION AND THE PROJECT TO WHICH IT REFERS; DIRECTING THE PREPARATION OF A PROJECT AGREEMENT, A RESOLUTION OF ISSUANCE AND SUCH OTHER LEGAL DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT SAID PROJECT AND PROVIDE FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS THEREFORE; AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. C. A RESOLUTION ADOPTING A HOUSING FINANCE REVENUE BOND PROGRAM IN COOPERATION WITH THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY AN AMENDED COOPERATIVE AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO. The City Clerk read the titles of the resolutions. Member Strickler made a motion, seconded by Member Reilly to waive further reading of said resolutions. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Dr. Bill Bright, President of Campus Crusade for Christ, came before the Mayor and Common Council and introduced Mr. Warner Hodgdon, Project Manager for the Arrowhead Springs Project. Mr. Hodgdon presented to the Mayor and Common Council a slide presentation regarding the Arrowhead Springs Project which includes 5,000 residential units, two golf courses, a health spa and other facililties. Mr. Hodgdon began by giving a summary of the history of Campus Crusade for Christ and its world wide operations and a more detailed description of the Administrative Complex located in San Bernardino. The presentation included U.S. Geological Service maps, pictures of the Campus Crusade for Christ facilities as they currently exist, and historical information regarding Arrowhead Springs resort and conference facilities. Mr. Hodgdon explained to the Mayor and Common Council that the project, consisting of 5,000 units, is to be built on approximately 2,000 acres of land at Arrowhead Springs, which is owned by the Campus Crusade for Christ. Eighty percent (80X) of these units would be constructed in the County and twenty percent (20X) would exist within the corporate boundaries of the City. Mr. Hodgdon further explained the impact a project of this size could have on the Community's economic and social vitality. Mr. Hodgdon concluded his slide presentation and offered to answer questions of the Mayor and Common Council. However, at that point in time, Mayor Wilcox asked that discussion on this item be continued until 2:00 p.m. 12/2/85 -4- 6635 MEMBER HERNANDEZ MOVED, SECONDEII BY REII.LY, THAT THE COUNCIL AND COMMISSION RECESS UNTIL 2:00 P.M. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. The meeting of the Community Development Commission/Redevelopment Agency reconvened at approximately 2:00 p.m., and was called to order by Chairman Wilcox. ROLL CALL Roll call was taken with the following being present: Chairman Wilcox; Members Esther Estrada; Jack Reilly; Ralph Hernandez; Steve Marks; Dan Frazier; Jack Strickler; Ralph Prince, City Attorney; Shauna Clark, City Clerk. Absent: Member Quiel. STAFF pR F.SF.NT Glenda Saul, Executive Director; Ken Henderson, Manager, Community Development Division; Sandy Lowder, Manager, Redevelopment Division; Lorraine Velarde, Administrative Services Coordinator; Allen R. Briggs, Agency Counsel; Timothy J. Sabo, Bond Counsel; Leslie A. Orr, Transcribing Secretary. MEMBER QUIEL ARRIVHD AT APPRORIMATELY 2:20 P.M. MEMBER FRAZIER LEFT THE COUNCIL TABLE. (7) AMENDMENT TO DDA - DARMOR SC Mayor and Common Council Member Marks made a motion, seconded by Member Quiel to approve in concept a third amendment to the Disposition sad Joint Development Agreement with Darmor, a California general partnership. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Member Frazier. CONSULTANT AGREEMENT WITH FLOYD H. HYDE ASSOCIATES. INC. Community Development Corporation RESOLUTION NUMBER 4827 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH FLOYD H. HYDE ASSOC L9TES, INC., FOR CONSULTANT SERVICES AND REPRESENTATION IN WASHINGTON, D.C. 12/2/85 -5- 6636 The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Strickler, to waive further reading of the resolution and that said resolution be adopted. Also, to instruct Agency Counsel to prepare appropriate agreements between the Community Development Commission and the Board of Water Commissioners of the City of San Bernardino for division of costs of consultant contract. Resolution Number 4827 and the motion were approved and adopted by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. Absent: Member Frazier. (9) TEFRA PUBLIC HEARING - S.P. COMMERCIAL DEVELOPMENT Mayor and Common Council Member Quiel made a motion, seconded by Member Estrada, to continue the item to January 20, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Member Frazier. (10) BEAUTIFICATION PROGRAM APPLICATIONS Community Development Commission Member Marks made a motion, seconded by Member Quiel, to approve Mr. Loeb's Beautification Project in the amount of $10,000 and Mr. Jackson's Beautification Project in the amount of $9,669 as recommended by the Redevelopment Committee on November 21, 1985. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Member Frazier. (11) SAN BERNARDINO COMMUNITY HOSPITAL - AUTHORIZING THE ISSUANCE AND SALE OF BONDS: AGREEM@IT FOR BOND COUNSEL SERVICES Mayor and Common Council A) RESOLUTION NUMBER 85-496 OF THE COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE ISSUANCE AND SALE OF CITY OF SAN BERNARDINO INSURED HOSPITAL REVENUE BONDS (SAN BERNARDINO COMMUNITY HOSPITAL), SERIES 1985A, THE EXECUTION AND DELIVERY OF AN INDENTURE, LOAN AGREEMENT, BOND PURCHASE CONTRACT, OFFICIAL STATEMENT, REGULATORY AGREEMENT, AND CONTRACT OF INSURANCE, AND APPROVING A DEED OF TRUST AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. 12/2/85 -6- 6637 B) RESOLUTION NUMBER 85-497 OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR BOND COUNSEL SERVICES WITH ORRICK, HERRINGTON, AND SUTCLIFF. The City Clerk read the titles of the resolutions. Member Quiel informed Council that he was going to abstain from voting on this item due to possible conflict of interest. Member Marks made a motion, seconded by Member Reilly, to waive further reading of the resolutions and that said resolutions be adopted. Resolutions Numbered 85-496 and 85-497 were adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Strickler. Noes: None. Absent: Member Frazier. Abstain: Member Quiel. TEMPORARY EASEMENTS - NUTECH TRI-CITY PROJECT AREA Community Development Commission Member Marks made a motion, seconded by Member Quiel, to approve granting of temporary easements to Nutech Developers and authorize Agency Counsel to prepare easement documents for execution by Chairman and Secretary. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Member Frazier. MEMBER FRAZIER RETURNED TO THE COUNCIL TABLE. (13) APPROVING CERTAIN DOCU?ffiiTS AND ACTIONS - 1985 SINGLE FAMILY MORTGAGE REVENUE BONDS Mayor and Common Council RESOLUTION NUMBER 85-498 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE AUTHORIZATION, SALE AND ISSUANCE OF ITS CITY OF SAN BERNARDINO, CALIFORNIA, SINGLE FAMILY RESIDENTIAL MORTGAGE REVENUE BONDS (GNMA MORTGAGE-BACKED SECURITIES PROGRAM, ISSUE OF 1985, IN PRINCIPAL AMOUNT NOT TO EXCEED $36,000,000). The City Clerk read the title of the resolution. Member Strickler made a motion, seconded by Member Marks, to waive further reading of the resolution and that said resolution be adopted. Resolution Number 85-498 was adopted by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: None. Absent: None. Abstain: Member Hernandez. 12/2/85 -7- 6638 (14) GOODWILL INDUSTBIES Community Development Commission RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND GOODWILL INDUSTRIES OF INLAND COUNTIES, INC. The City Clerk read the title of the resolution. Member Strickler made a motion, seconded by Member Quiel, to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Member Marks had questions regarding the appraisal process. He asked that the City Administrator and Executive Director of the Redevelopment Agency put together a comprehensive report regarding the appraisals of properties relating to Redevelopment pro3ects. Member Hernandez also asked staff to include in that report a summary of appraisals completed for the Redevelopment Agency over the last three to four years. It was requested of the City Administrator and Executive Director that this report be brought before the Council on January 6, 1985. Jerry Butler, Consultant for Goodwill Industries, Inc., requested that he be notified of the Redevelopment Committee meeting in which they would discuss this matter. Member Strickler made a motion, seconded by Member Quiel that this item be referred to the Redevelopment Committee for further analysis. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (15) Deleted (16) APPROVAL OF AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO. AND STURGES CENTER FOR THE ARTS and Common Council 12/2/85 -H- 6639 RESOLUTION NUMBER SS-499 OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO AND STURGES CENTER FOR THE ARTS, INC. The City Clerk read the title of the resolution. There was discussion between the Council, Glenda Saul, Executive Director and Ken Henderson, Manager, Community Development Division regarding the use of CDBG funds for the refurbishment of Sturges Center for the Arts. Mr. Henderson reiterated for the Council the action taken on June 17, 1985 by the Mayor and Common Council. The Mayor and Common Council approved an increase of $50,000 to Goodwill Industries by the County and a decrease of $50,000 to Goodwill by the City, and, directed the use of the City's 50,000 to assist in the historical preservation of Sturges Center for the Arts, pursuant to a proposal by the County. Member Strickler made a motion, seconded by Member Marks to waive further reading of the resolution and that said resolution be adopted. Resolution Number 85-499 was adopted by the following vote: Ayes: Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: Members Estrada and Hernandez. Absent: None. (6) THE COUNCIL AGAIN CONSIDERED THE BOND ISSUE MATTERS INVOLVING CAMPUS CRUSADE FOR CHRIST INTERNATIONAL Allen R. Briggs, Agency Counsel, spoke regarding the Mortgage Revenue Bonds stating that this is a different type of financing. This particular financing is a non-profit, tax exempt foundation and is not subject to the same rules that will be effective at the end of 1985. Mr. Ed Rojas of Mudge, Rose, clarified current legislation provisions relating to a volume CAP multi-family exemptions. Mr. Rojas stated that presently, some problems have resulted due to the way it is structured. If the bonds are issued prior to the end of this year, they will then be grandfathe red in. Glenda Saul, Executive Director, explained that the tax laws are subject to change at the end of the year. Nonprofit organizations will then come under the same volume CAP. Jim Iverson of Miller and Schroeder, referred to the $10,000,000 Capital Expenditure Limitation. A bill that has been passed by the House of Ways and Means Committee contains certain provisions that state all bonds will be subject to a per-capita volume CAP and includes bonds issued by 501(c)(3) nonprofit corporations. Income accountability regulations and income limitations have also been altered. What is hoped to be accomplished today is to try to get the proposals grandfathered in the proposed volume CAPS. 12/2/85 -9- 6640 Mr. Iverson further stated that since the volume CAP for multi-family housing for the State had been reached, the County could no longer issue any more multi-family bonds. The only exceptions to this were the Housing Authorities and Redevelopment Agencies. It is estimated that approximately 1,000 units of the proposed housing would be located within the City of San Bernardino. Mr. Iverson requested of the Housing Authority, which in the interim has become the issuing vehicle for multi-family bonds for a whole series of projects, to process the applications for the proposed development before the January deadline. He further stated that in structuring this, there is absolutely no liability to the City. He explained the financing arrangements if the inducement resolutions are approved. Should the development not go forward, the bond issue would be void and bond holders paid off. There would be no liability to the city and the responsibilities of Campus Crusade for Christ regarding the proposed project would be extinguished. Mr. Abramowitz of Mudge, Rose, explained that at the present time, the proposed development would consist of 80% regular mortgage and 20% low/moderate income. However, if the project is not completed as scheduled and there is some excess arbitrage earnings, at the end of the escrow, a portion of the excess arbitrage would then be taken by a third party and be released to the Housing Authority to be used for low income housing. Allen R. Briggs, Agency Counsel, answered questions regarding the issue of profit and nonprofit status of the proposed project. Discussion ensued between the Mayor and Common Council and Mr. Warner Hodgdon regarding whether this development is a nonprofit secular or a profit nonsecular venture. Mr. Hodgdon also answered questions pertaining to the intent of the resolutions being considered. He explained that the resolutions being considered today are only inducement resolutions. All documents are to come back before the Council for final approval. He stressed that all facilities are open to all citizens, regardless of race, color, or creed. Mayor and Common Council A) RESOLUTION NUMBER 85-500 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FINDING THAT AN APPLICATION FOR INDUSTRIAL DEVELOPMENT BOND FINANCING HAS BEEN SUBMITTED PURSUANT TO THE PROVISIONS OF ORDINANCE N0. 3815 OF THE CITY FOR A CERTAIN PROJECT, FINDING THAT SAID APPLICATION COMPLIES WITH THE PROVISIONS AND REQUIREMENTS OF SAID ORDINANCE N0. 3815; APPROVING SAID APPLICATION AND THE PROJECT TO WHICH IT REFERS; DIRECTING THE PREPARATION OF A PROJECT AGREEMENT, A RESOLUTION OF ISSUANCE AND SUCH OTHER LEGAL DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT SAID PROJECT AND PROVIDE FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS THEREFORE; AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. Member Strickler made a motion, seconded by Member Quiel to adopt Resolution (A). 12/2/85 -10- 6641 Resolution Number 85-500 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Mayor and Common Council B. RESOLUTION NUMBER 85-501 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FINDING THAT AN APPLICATION FOR INDUSTRTAT. DEVELOPMENT BOND FINANCING HAS BEEN SUBMITTED PURSUANT TO THE PROVISIONS OF ORDINANCE N0. 3815 OF THE CITY FOR A CERTAIN PROJECT, FINDING THAT SAID APPLICATION COMPLIES WITH THE PROVISIONS AND REQUIREMENTS OF SAID ORDINANCE N0. 3815; APPROVING SAID APPLICATION AND THE PROJECT TO WHICH IT REFERS; DIRECTING THE PREPARATION OF A PROJECT AGREEMENT, A RESOLUTION OF ISSUANCE AND SUCH OTHER LEGAL DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT SAID PROJECT AND PROVIDE FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS THEREFORE; AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. Member Strickler made a motion, seconded by Member Frazier to adopt Resolution (B ). Resolution Number 85-501 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Mayor and Commoa Council C. A RESOLUTION ADOPTING A HOUSING FINANCE REVENUE BOND PROGRAM IN COOPERATION WITH THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY AN AMENDED COOPERATIVE AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO. Allen R. Briggs, Agency Counsel, stated that the Agreement, Page 2, Section 7, provides that 1/8 of 1% of the development fees will be retained by the County and the City will receive 7/8 of 1%. Member Frazier made a substitute motion, seconded by Member Estrada, that Resolution (C) relating to the constructlon of 5,000 housing units, be continued to a special meeting scheduled for 12-5-85 at 4:00 p.m., in the Council Chambers, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Member Marks made a motion, seconded by Member Hernandez, that an Ad Hoc Committee be formed for the purpose of meeting with Agency staff and the developer to discuss the feasibility of this project. Members Quiel, Hernandez and Marks volunteered to be on this committee. 12/2/85 11- 6642 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. MEMBER MARKS LEFT THE COUNCIL TABLE. (17) APPROVAL OF AGREEMENT FOR HOUSING CONSULTANT SERVICES Mayor aad Common Council A) RESOLUTION NUMBER 85-402 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOHN R. TRAUTH RELATING TO HOUSING CONSULTANT SERVICES FOR THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. Community Development Commission B) RESOLUTION NUMBER 4828 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOHN R. TRAUTH RELATING TO HOUSING CONSULTANT SERVICES FOR THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. The City Clerk read the titles of the resolutions. Member Estrada made a motion, seconded by Member Quiel to waive further reading of the resolutions sad that said resolutions be adopted. Resolutions Numbered 85-402 and 4828 were adopted by the following vote: Ayes: Members Estrada, Reilly, Nernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Member Marks. MEMBER MARKS RETURNED TO THE COUNCIL TABLE. (18) DELETED (19) HISPANIC CHAMBER OF COMMERCE, INC., (GRANT DEED CONVEYANCE) Mayor and Common Council A) RESOLUTION NUMBER 85-503 OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A GRANT DEED CONVEYING PROPERTY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE COPA7UNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. The City Clerk read the title of the resolution. Member Reilly made a motion, seconded by Member Estrada to waive further reading of the resolution and that said resolution be adopted and also to set a point public hearing of the Mayor and Common Council and Community 12/2/85 -12- 6643 Development Commission regarding the proposed sale to the Hispanic Chamber of Commerce regarding the property at 972 North Mt. Verson Avenue for January 6, 1985. Resolution Number 85-503 and the motion were approved and adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. MEMBERS MARKS, QUIEL AND FRAZIER LEFT THE COUNCIL TABLE. SET WORKSHOP - MARKET FEASIBILITY STUDY 1985 SINGLE FAMILY BOND Mayor and Common Council After a brief discussion regarding time constraints on setting a workshop to discuss the market feasibility study prepared by Empire Economics relative to the City's 1985 Single Family Bond issue, it was suggested that the study be received and filed until such time as a workshop could be arranged. Member Strickler made a motion, seconded by Member Estrada to receive and file the feasibility study as submitted. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Strickler. Noes: None. Absent: Member Marks, Quiel, Frazier. (21) SETTING TEFRA PUBLIC HEARING AND RATIFYING PUBLICATION OF NOTICE CAL-SHEL PROJECT Mayor and Common Council RESOLUTION NUMBER 85-504 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING A CERTAIN APPLICATION AND RATIFYING THE PUBLICATION OF A NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $27,000,000 PRINCIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVENUE BONDS BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (CAL-SHEL PROJECT). Member Reilly made a motion, seconded by Member Estrada to waive further reading of the resolution and that said resolution be adopted, subject to changes as recommended by Agency Counsel. Resolution Number 85-504 was adopted by the Following vote: Ayes: Members Estrada, Reilly, Hernandez, Strickler. Noes: None. Absent: Members Marks, Quiel, and Frazier. (22) DELETED (23) TRANSFERRING BACK IDB ALLOCATION TO THE CITY FORT BRAGG 12/2/85 -13- 6644 Mayor and Common Council RESOLUTION NUMBER 85-505 OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, TRANSFERRING TO THE CITY OF FORT BRAGG, CALIFORNIA, A PORTION OF THE CALENDAR YEAR 1985 PRIVATE ACTIVITY BOND LIMIT OF THE CITY SAN BERNARDINO, CALIFORNIA. The City Clerk read the title of the resolution. Member Reilly made a motion, seconded by Member Estrada, to waive further reading of the resolution and that said resolution be adopted. Resolution Number 85-505 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Strickler. Noes: None. Absent: Members Marks, Quiel, and Frazier. (24) INCREASE THE ADMINISTRATIVE BUDGET FOR 1985-1986 BY THE ADDITION OF A 288 MB DISK DRIVE TO INCREASE COMPUTER DISR STORAGE CAPACITY Community Development Commission Member Reilly made a motion, seconded by Member Estrada, to increase the Administrative Budget for 1985-1986 in the amount of $32,859 for purchase of 288 MB removable disk drive, memory upgrade, lOP, cables and maintenance. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Strickler. Noes: None. Absent: Marks, Quiel, Frazier. MEMBERS MARKS, QUIEL, AND FRAZIER, RETURNED TO THE COUNCII. TABLE. (25) AUTHORIZE AGENCY STAFF TO CONTRACT FOR HOUSING FEASIBILITY STUDY Community Development Commission Member Strickler made a motion, seconded by Member Reilly, to authorize Agency staff to contract with a housing consultant for a feasibility for an amount not to exceed $10,000 and, further, to authorize Agency staff and said consultant to determine methods required to enable the Agency to be in compliance with the provisions of AB 265 which added Health and Safety Code Sections 33334.6 and 33334.7 to meet the housing needs within the City of San Bernardino. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. THE MEETING OF THE COMMUNITY DEVHLOPMENT COMMISSION/REDEVffiAPMENT AGENCY ADJOURNED AT APPRORIMATELY 4:05 P.M. / ~t~~ ~~~ 506E Glenda Saul, Executive Director -14- COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO M I N U T E S ADJODRNED BEGULAR MEETING DECEMBER 5, 1985 The Adjourned regular meeting of the Community Development Commission/Redevelopment Agency meeting was called to order at approximately 2:10 p.m., by Chairman Wilcox. xnr.r. rar.r. Roll call was taken with the following being present: Chairman Wilcox; Members Esther Estrada; Jack Reilly; Ralph Hernandez; Steve Marks; Gordon Quiel; Jack Strickler; Ralph Prince, City Attorney; Shauna Clark, City Clerk. Absent: Member Dan Frazier. STAFF PRESENT Glenda Saul, Executive Director; Ken Henderson, Manager, Community Development Division; Sandy Lowder, Manager, Redevelopment Division; Lorraine Velarde, Administrative Services Coordinator; Allen R. Briggs, Agency Counsel; Timothy J. Sabo, Bond Counsel; Leslie A. Orr, Transcribing Secretary. INVOCATION The Invocation was given by Mr. Olen Jones, Jr., Emanuel Baptist Church. PLEDGE OF ALLEGLANCE T'he Pledge of Allegiance was led by Council Member Jack Reilly. MEMBER FRAZIER ARRIVED AT THE COUNCIL MEETING (1) A. COOPERATIVE AGREE!ffidT WITH COUNTY - INTERNATIONAL CHRISTIAN GRADUATE UNIVERSITY B. SET TEFRA PUBLIC HEARING - VARIOUS PEOJECTS Mayor and Common Council This is the time and place continued to for consideration of a request for two separate Industrial Development Bonds and a cooperatlve agreement with the County of San Bernardino to Sssue a Multifamily Mortgage Revenue Bond for a project consisting of approximately 1,900 acres, construction of 5,000 apartment units, by Arrowhead Springs Ranch, a partnership, principals Steven Douglas, Campus Crusade for Christ International, and Warner Hodgdon, Project Manager. 12/2/85 Mayor Wilcox introduced Mr. Tom Laurin, Director of the County of San Bernardino Department of Housing and Community Development. Mr. Laurin presented to the Mayor and Common Council a letter that HCD sent to Ms. Glenda Saul, Executive Director, Redevelopment Agency of the City of San Bernardino, regarding the County's comments in relation to the proposed Arrowhead Springs project. Mr. Laurin described in the letter Campus Crusade for Christ's request that the County Board of Supervisors adopt a resolution requesting that the Housing Authority of San Bernardino County issue up to $350,000,000 in multifamily bonds for Arrowhead Springs Ranch Partnership prior to December 31, 1985. The proposed development to consist of 5,000 units located in the Arrowhead Springs area. Mr. Laurin further stated that the project was not brought to his attention until Friday, November 22. The above mentioned resolution was placed before the Board of Supervisors on December 2, 1985 for their consideration. The action taken at that time was to continue the item to December 9, 1985. The two major points that County staff considered when evaluating this development for multifamily bond financing was first, is there a reasonable expectation that the project will be built? Secondly, is there a demand for the units in the surrounding areal Mr. Laurin also pointed out that Housing and Community Development staff had not reviewed detailed plans, specifications, etc., to determine whether 5,000 units are feasible for that area. He also stated no letter of credit was in place to provide credit support to the bonds that are being requested. In a Market Feasibility Study completed by Empire Economics, the report indicated that the County and City have already induced enough apartment units into the Easy Valley Area to meet demand by over 2 to 1. There are currently 4,897 units that have received bond financing in this same geographic area, a supply of 137% over and above demand. Mr. Laurin also pointed out that a recent survey conducted by the County's feasibility consultant revealed there are currently approximately 500 vacant apartment units existing north of Highland Avenue. The impact of issuing bonds for 5,000 additional units could negatively affect occupancy levels in existing projects. In conclusion, Mr. Laurin stated that due to the concerns of HCD in regard to the feasibility of this project, staff recommended that the Board of Supervisors defer any action until such time said concerns are resolved. Member Marks inquired about the 500 vacant units north of Highland Avenue, and if the number of units expected to be constructed by early 1986 would be negatively impacted by the issuance of the bond. 12/2/85 -2- Mr. Laurin deferred this question to Mr. Joe Janczyk, County Housing feasibility consultant. Mr. Janczyk submitted to the Council a feasibility study pertaining to the supply and demand of apartment units between 1985 to 1990. In the market feasibility study for the year 1985, an estimated 2,635 units were planned according to the number of permits that were pulled between January and August of 1985. The number for 1986 is 2,958. This number represents apartment projects that have received financing or will completed financial arrangements by the end of the year. Of the projects that have pulled permits is 1985, approximately 1,000 of those units are now occupied. The rest are either vacant, under construction, or have not yet started construction. The County basically expects approximately 1,000 new apartment units per year from the projects that have been induced. The above referenced numbers show how much greater the supply is over the demand. In 1986, that number will increase. By the year 1990 the excess supply will amount to approximately 1,400 units, which considering the size of the region and the number of apartment units is a reasonable number. Council asked questions regarding the excess supply. Mr. Janczyk responded that since the number of units of excess supply is diminishing over time, it is reasonable estimation overall. Council inquired as to what did Mr. Janczyk consider to be a reasonable estimation. Mr. Janczyk replied that about 4% or 5% of the number of units built is considered the normal vacancy rate. In 1984, in the East Valley Region, the vacancy rate was about 4%. Arrowhead Springs ranch would cause a higher level of excess possibly as high as 6,400 units in the year 1990. Mr. Janczyk thanked the Mayor and Common Council £or their time and concluded his presentation. Member Hernandez inquired as to whether accommodations for low/moderate income families had been provided for. Member Hernandez explained that he had written a letter to Albert Harkins, the Executive Director of the County Housing Authority, inquiring as to whether or not the proposed development would benefit low income people. 12/2/85 -3- Member Hernandez introduced a response to his letter that he received from the County Housing Authority. The letter basically stated the Housing Authority currently administers the Section 8 Housing Assistance payments program with approximately 3,200 participants and a public housing program with 1,660 participants. Both of these programs basically service families considered to be very-low income families, with incomes that do not exceed 50% of the median income for the area. Approximately 85% of all participants have income between 30% to 40% of the median income for the area. Additionally, of the 4,270 applicants on their existing waiting list, the Housing Authority estimated that in excess of 90% have incomes below 50% of median income. Therefore, it is highly unlikely that the Housing Authority clientele would benefit from the Arrowhead Springs Ranch project due to the fact that the proposed development is required to have 20% of the total units available for low/moderate income households or families with incomes under 80% of the median income for the area. Mr. Warner Hodgdon, Project Manager for the Arrowhead Springs project, came before the Mayor and Common Council to respond to the concerns previously expressed by the Department of Housing and Community Development, the Housing Authority and Members of the Common Council. Mr. Hodgdon gave many reasons why the City should go forward with the bond issue. Some of the points included the proposed growth rate, errors in the study prepared by Dr. Janczyk, inducement of several thousand other multifamily units by the County, the potential for having previously non-profit facilities added to the tax rolls and the amenities o£ the project. He also presented a revised build-out schedule. Mr. Hodgdon stated that any excess arbitrage will go to the Housing Authority for low and moderate income housing. Council Member Strickler made a motion, seconded by Member Quiel, that the matter concerning the Arrowhead Springs Ranch Project be continued to 4:00 p.m., Monday, December 16, 1985 for further study. The motion carried by the fallowing vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. TEFRA PUBLIC HEARING - VARIOUS MULTIFAMILY PROJECTS In a memorandum date December 5, 1985, Glenda Saul, Executive Director, stated that there is a need to set a TEFRA Public Hearing to consider various Multifamily Mortgage Revenue Bonds. -4- Council Member Strickler made a motion, seconded by Council Member Quiel to set a TEFRA Public Hearing for various multiFamily projects For 11:00 a.m., Monday, December 23, 1985, in the Council Chamber of city Hall, 300 North "D" Street, San Bernardino. Glenda Saul, Executive Director S11L -5- M I N U T E S COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REGULAR MEETING DECEMBER 16, 1985 The Community Development Commission/Redevelopment Agency meeting was called to order at approximately 11:25 a.m., by Chairman Evlyn Wilcox, on Monday, December 16, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Chairman Evlyn Wilcox, Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier and Strickler. Absent: None. - STAFF PRESENT Glenda Saul, Executive Director; Allen R. Briggs, Agency Counsel; Kenneth J. Henderson, Manager, Community Development Division; Sandy Lowder, Manager, Redevelopment Division; Lorraine Velarde, Administrative Services Coordinator; Sue Gonzales, Transcribing Secretary. APPROVAL OF COlDfISSION MINUTES Community Development Commission Member Strickler made a motion, seconded by Member Quiel to approve the minutes of November 20, 1985; November 26, 1985; and December 2, 1985. The motion carried by the following vote: Ayea: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None (2) AUTO CENTER Community Development Commission Member Strickler made a motion, seconded by Member Quiel to continue this item to December 23, 1985. _ The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (3) DARMOR DDA - SC - THIRD AMENDMENT Community Development Commission Member Strickler made a motion, seconded by Member Quiel to continue this item to January 6, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (4) TEFRA PUBLIC NEARING -RATIFICATION OF PUBLICATION OF NOTICE - VILLA CIELO PROJECT Mayor aad Common Council This is the time and place set to continue the public hearing to make certain determinations and findings in connection with the ratification of a publication of a Notice setting a Public Hearing (Viella Cielo Apartments Project). - - -- Chairman Wilcox officially declared the public hearing open and invited the public to speak to this item. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RATIFYING THE PUBLICATION OF A NOTICE OF PUBLIC HEARING (VILLA CIELO APARTMENTS PROJECT). The City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Quiel to waive further reading of the resolution. Member Quiel made a substitute motion, seconded by Member Strickler to continue the Public Hearing to January 20, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (5) INDUCEMENT RESOLUTION - VIACN APARTMENTS PARK PROJECT Mayor and Common Council Member Strickler made a motion, seconded by Member Quiel to continue this item to January 20, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abseat: None. - 7` - 12/16/ 85 (6) INDUCEMENT RESOLUTION - WESTERN C0I49UNITIES ASSOCIATES PROJECT Mayor and Common Council Member Strickler made a motion, seconded by Member Quiel to continue this item to January 20, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (7) INDUCEMENT RESOLUTION - CENTRAL CITY BUSINESS PARK PROJECT - CCS Mayor and Common Council RESOLUTION N0. 85-524 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO SSSUE ITS INDUSTRIAL DEVELOPMENT REVENUE BONDSg DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH (CENTRAL CITY BUSINESS PARK PROJECT). The City Clerk read the title of the resolution. Member Strickler made a motion, seconded by Member Marks to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Member Marks made a motion, seconded by Member Estrada to adopt said resolution. Resolution Number 85-524 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Mr. Tim Sabo, Agency Bond Counsel, answered questions pertaining to the language in the Inducement Resolution. Member Strickler expressed his concerns about the economic potential of the land surrounding "F" Street. Mr. Sam Catalano, Central City Mall Company, explained their position and their future plans for the area. He stated the plan they were submitting showed "F" Street going through to Mill Street. Member Marks made a motion, seconded by Member Estrada to give Central City Mall Development Company the Exclusive Right to Negotiate for 120 days on the property in question. -3- 12/16/ 85 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Noes: Members Quiel and Strickler. Absent: None. Member Marks made a motion, seconded by Member Estrada to form a study committee comprised of Member Estrada, 2 Redevelopment Committee Members and 3 appointees by the Mayor to study the economic business potential of the land between Mill Street and Rialto Avenue and "E" Street and the freeway. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes:_None.. Absent: None. Member Marks made a motion, seconded by Member Hernandez to direct Redevelopment staff to put up "for sale" signs on all property owned by the Agency which is available for purchase., _ The motion carried by the following vote: Ayes: Members Eetzada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RECESS MEETING Member Strickler made a motion, seconded by Member Reilly to recess the meeting to 2:00 p.m. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RECONVENE MEETING The meeting of the Community Development Commission/Redevelopment [agency reconvened at approximately 3:30 p.m., and was called to order by Chairman Wilcox. ROLL CALL Roll call was taken with the following being present: Chairman Evlyn Wilcox; Members Estrada; Reilly; Hernandez; Marks; Quiel; Frazier and Strickler. STAFF PRESENT Glenda Saul, Executive Director; Allen R. Briggs, Agency Counsel; Kenneth J. Henderson, Manager, Community Development Division; Sandy Lowder, Manager, Redevelopment Division; Lorraine Velarde, Administrative Services Coordinator; Sue Gonzales, Recording Secretary. -4- 12 /16 i$ 5 (8) AUTHORIZING STAFF TO REPORT TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE UNUSED PORTION 0 Mayor and Common Council RESOLUTION N0. 85-535 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIPORNL9, AUTHORIZING THE STAFF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO NOTIFY THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE OF THE AMOUNT, IF ANY, OF THE UNUSED PORTION OF THE 1985 CALENDAR YEAR PRIVATE ACTIVITY BOND LIMIT OF THE CITY OF SAN BERNARDINO. The City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Strickler to waive further reading of the resolution and that said resolution be adopted. Resolution Number 85-535 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (9) AUTHORIZE SUBMITTING APPLICATION TO STATE FOR SINGLE PAMILY BOND ALLOCATION - 1986 Mayor and Common Council Member Reilly made a motion, seconded by Member Strickler to continue this item to December 23, 1985. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Nernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (10) AB 265 - LOW AND MODERATE INCOME HOUSING - EXEMPTION "WISH LIST" Community Development Commission Member Quiel made a motion, seconded by Member Reilly to continue said item to December 23, 1985. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abs eat: None. (11) REDEVELOPMENT AGENCY 1984-85 ANNUAL REPORT Community Development Commission Member Strickler made a motion, seconded by Member Reilly to receive and file the Redevelopment Agency 1984-85 Annual Report. - 5 - 12/16/'~~ The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. B. MEMBERS ESTRADA AND REILLY LEFT THE COUNCIL TABLE. BOND DOCUMENTS. AND and Common Council RESOLUTION N0. 85-536 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN SERNARDINO AUTHORIZING ISSUANCE OF $3,800,000 FLOATING/FIXED RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1985, (SIMA PARTNERSHIP NUMBER ONE, PROJECT 1W0). RESOLUTION N0. 85-537 OF THE COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TRANSFERRING $3,800,000 OF ITS ALLOCATION FOR PRIVATE ACTIVITY BONDS TO SIMA PARTNERSHIP NUMBER ONE. The City Clerk read the title of the resolutions. Member Strickler made a motion, seconded by Member Reilly to waive further reading of the resolutions. The motion carried by the following vote: Ayes: Members Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Members Estrada and Reilly. MEMBERS ESTRADA AND REILLY RETURNED TO THE COUNCIL TABLE. Member Quiel made a motion, seconded by Member Strickler to adopt said resolutions subject to Agency Counsel's satisfaction that formal approval from CIDFAC is not required. Resolution Numbers 85-536 and 85-537 were adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (13) BEAUTIFICATION PROGRAM APPLICATION Community Development Commission Member Strickler made a motion, seconded by Member Quiel to approve Mr. Chuck Obershaw's Beautification Project in the amount of $10,000 as recommended by the Redevelopment Committee on December 3, 1985. The motion carried by the following vote: Ayes: Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: Members Estrada, Hernandez. Absent: Nose. - 6 - 12/16/ $5 Member Strickler made a motion, seconded by Member Frazier to direct staff to research different levels of criteria for the Board to consider that would be beneficial to this program, and request the More Attractive Community (MAC Force) to research these concerns and to return with recommendations on the criteria pertaining to the Beautification Program. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (14) HIGH GRODNDWATER PUMPING Community Development Commission Member Quiel made a motion, seconded by Member Strickler to reimburse the City of San Bernardino $36,370.23 for incurred pumping charges, authorizing staff to borrow funds in order that the City can be repaid in the near future. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Member Frazier Left Member Marks made a motion, seconded by Member Quiel to table the staff recommendations to reimburse the City of San Bernardino for its $200,000 share in the High Groundwater pumping program from future tax increment funds, as they flow, from the Tri City Project Area, leas incurred liabilities. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Member Frazier. Member Frazier Returned (S-2) SAN BERNARDINO COMMUNITY HOSPITAL IDB FEE Mayor and Common Council Mr. Tim Sabo, Agency Bond Counsel, answered the Commission's questions about this type of formula. He indicated that the typical arbitrage covenant is such, that if sometime in the future it is determined by the Internal Revenue Service or someone that the bonds were plausible and did not comply with the arbitrage requirements, it is implied that whatever excess there is shall be returned. In the Hospital's situation, the Bond Counsel has - 7 - 12/16/ 85 precisely set forth that the City would take 1/8 0£ 1% for each year that the bonds were outstanding. If there is a partial redemption of the bonds, the City would then take the full 1/8 of 1% for each year the bonds were outstanding, plus whatever remained for the anticipated maturity. Mr. Ray Barton, San Bernardino Community Hospital, indicated that their Bond Counsel, Orrick, Herrington 5 Sutcliffe, is requesting that this formula be approved. If it fails, they will not supply a Bond Counsel opinion with their application to the State. The application, without a Bond Counsel opinion, will not meet the State requirements. Molly Arnold, Orrick, Herrington & Sutcliffe, explained that the insurer of the bonds has required this formula. Member Strickler made a motion, seconded by Member Frazier to authorize refunding a percentage of IDB fee if an early call date is utilized. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: None. Abstain: Member Quiel. Members Marks 6 Qulel left the table. Member Strickler made a motion, seconded by Member Frazier to authorize RDA staff to invest IDB fee and release 1/8 0£ 1% each year to Economic Development Council. The Executive Secretary explained that for bookkeeping purposes, the funds would be received by the Agency and passed through to the City for investment and remittance to IDC. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Frazier, Strickler. Noes: Member Hernandez. Absent: Members Marks and Quiel. Members Marks & Quiel returned to the Table. The adjourned regular meeting of the Community Development Commission/Redevelopment Agency meeting was called to order at approximately 5:05 p.m., by Chairman Wilcox to take up discussion on the Campus Crusade for Christ proposed Arrowhead Springs Ranch Project. ROLL CALL Roll was taken with the following being present: Chairman Wilcox, Members Esther Estrada; Jack Reilly; Ralph Hernandez; Steve Marks; Gordon Quiel; Dan Frazier; Jack Strickler; City Attorney, Ralph Prince; City Clerk, Shauna Clark. Absent: None. - 8 - 12/16/85 STAFF PRESENT Glenda Saul, Executive Director; Ken Henderson, Manager, Community Development Division; Sandy Lowder, Manager, Redevelopment Division; Lorraine Velarde, Administrative Services Coordinator; Allen Briggs, Agency Counsel; Tim Sabo, Bond Counsel; and Attorney William J. Simon, Bankruptcy Counsel; Leslie Orr, Transcribing Secretary. (RS-3) A. COOPERATIVE AGREEMENT WITH COUNTY - CAMPUS CRUSADE FOR CHRIST INTERNATIONAL B. SET TEFBA PUBLIC HEARING - VARIOUS PROJECTS Mayor and Common Council This is the time and place continued to for discussion on the Cooperative Agreement with San Bernardino County for the issuance of Multifamily Bonds foz the International Christian Graduate University. In a memorandum dated December 12, 1985, Glenda Saul, Executive Director, reiterated the background information on previous Council action regarding the Cooperative Agreement relative to Multifamily Bonds for the Campus Crusade for Christ. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A HOUSING FINANCE REVENUE BOND PROGRAM IN COOPERATION WITH THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER FOR AND ON BEHALF OF THE CITY, UPON SATISFACTION OF CERTAIN CONDITIONS, A COOPERATIVE AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO. The City Clerk read the title of the resolution. Glenda Saul, Executive Director, informed the Mayor and Common Council that staff's recommendation was to deny request of International Christian Graduate University to enter into a Cooperative Agreement with the County of San Bernardino for the issuance of multifamily mortgage revenue bonds. If, however, the Mayor and Common Council approved Campus Crusade for Christ's request, Ma. Saul suggested to the Council that an action be taken that all future applications for multifamily financing provide for an updated market study at the time of the TEFRA Hearing in order that Council can be assured that market will be able to reasonably absorb units proposed. Council inquired of Mr. Warner Hodgdon, Project Manager for the Arrowhead Springs Project, what action the County of San Bernardino had taken. Mr. Hodgdon replied that the County ratified and approved the two (2) 15 million dollars band issues for International Christian Graduate University, and that Campus Crusade for Christ provided, for the record, their statement relative to the bond issue, which was thought to be helpful as far as the grandfathering and continued issuance of the bond is concerned. Campus Crusade for Christ felt very positive steps had been taken relative to the County. - 9 - 12/16/85 Council inquired if the County had indeed approved the apartment project? Mr. Hodgdon responded that approval of the apartment project was not on the County's agenda because Campus Crusade for Christ had discussions with City Officials and the City concurred as far as starting the pre-zoning and annexation steps. Concurrence was not required by the County. At this point, Member Marks informed the Council that after consulting with County officials, it appeared that the County refused to consider the matter and directed that it be taken off the agenda, but gave Campus Crusade for Christ an opportunity to address the Board at their request. County staff reaffirmed their previous position and recommended denial of the project by both the Department of Housing and Community Development as well as the County Counsel's office. Member Hernandez inquired as to what would happen if the project did not get the support of the County. How would that affect funding? Mr. Hodgdon stated that the methodology they were able to use at this point in time did not require the support of the County. Member Hernandez restated the question. He inquired if the Housing Authority would support the issuing of the bonds if the Board of Supervisors did not support the project. Would the project still require the support of the Housing Authority. Mr. Hodgdon said the project would require the support of the Housing Authority. The methodology they were currently using would be initiated, but basically the lead agent would be the City as it has in other matters of a similar nature. Because the City would hold the TEFRA hearing, it is not required that the matter go before the County. Member Hernandez expressed concerns regarding possible negative changes in the relationship between the Housing Authority and the Board of Supervisors. Mr. Hernandez further stated that it is the opinion of the Housing Authority Executive Director, Mr. Al Harkins, that the proposed project would not benefit the low/moderate income families. At this point in time, Dr. Joe Janczyk, Empire Economics, presented a revised report on the apartment housing market for San Bernardino's East Valley Market Region. The report indicated an over-supply of units as well as a survey of the vacancy rate of large apartment complexes within the City of San Bernardino. Dr. Janczyk outlined for the Mayor and Common Council the procedures used in determining the figures. Mayor Wilcox asked Dr. Janczyk if this report included loans that had been conventionally financed. Dr. Janczyk stated this to be the case and the .results were basically the same. Whea reviewing the number of building permits that were pulled in 1985 and those projects with financing already in place, the number of units estimated is sufficient to meet City's the needs through 19BB. - 10 - 12/16/8& Council asked Dr. Janczyk how many apartment units the County had induced this year. Dr. Janczyk replied that the County has induced approximately 12,000 apartment units. Out of those, approximately 4,000 have been financed, leaving a balance of 8,000. Out of the remaining 8,000, Dr. Janczyk estimated that approximately 1,000 of those would come on market this year. Discussion ensued between the Mayor and Common Council and Dr. Janczyk regarding the impact the Arrowhead Springs project would have relative to this study. After answering questions o£ the Council, Dr. Janczyk concluded that is it possible that most of the Arrowhead Springs Ranch project could be absorbed by 1992, but that would create a concentration of housing supply in one area. Dr. Janczyk concluded his presentation, thanking the Mayor and Common Council for their time. Mr. Lou Yaeger, representing the Chamber of Commerce, came before the Council to read a position paper by the Chamber of Commerce. The paper basically stated that the San Bernardino Chamber of Commerce supports the request of the Campus Crusade for Christ and that they urged the City Council to go ahead with a letter of inducement that will facilitate the issuance of a 350 million dollar tax exempt bond to finance the project. The Chamber of Commerce stated that they are aware that there are a number of unanswered questions at this time, but believe that most, if not all, of those questions will be answered when the project is allowed to begin and a complete Environmental Impact Report is done. Discussion ensued between Council and Mr. Yaeger regarding the estimated over-supply. Dr. and Mrs. Bright of Campus Crusade for Christ Interne tlonal, eaplafned the benefits of the project and asked for the Mayor and Common Council's support. Mr. Barry Neimeyer, the owner of a fourplex on North Sierra Way, spoke regarding the vacancy factor and the effect a project of this proportion may have on the apartment market. Theresa Santee with the local chapter of the ACLU spoke regarding the Church/State issue. Ms. Helen Kopcynski of 8150 Cable Canyon, San Bernardino, also spoke to this issue. Mr. Maurice Robinson of Pennell, Rerr and Forster, Snformed the Mayor and Common Council that his his firm prepared an economic feasibility report on the proposed development which included a marketing study, with projects - 11 - 12/16/$5" for future demand. Mr. Robinson disputed Dr. Janczyk's report stating that the information contained in that report was based soley oa historical data. He stated that the forecasting methodology used by his form was more reliable than the historical approach used by Dr. Janczyk. He went on to present his own study which indicated unprecedented future demand for housing in San Bernardino. Dr. Janczyk pointed out that the two reports do not actually differ on the needs of future demand by 1988, but that that information could not be firmly determined for at least three (3) years. This would give the City a three (3) year period in which to further study the situation and make a more accurate determination. Mr. Warner Hodgdon, Project Manager, referred to a letter dated December 16, 1985 to Mr. Robert L. Hammock, Chairman of the Board of Supervisors for the County of San Bernardino and to a letter dated December 16, 1985, to Robert B. Rigney, County Administrative Office, San Bernardino County. Mr. Hodgdon also read into the record a document dated December 12, 1985, entitled "Draft Memorandum, Arrowhead Springs Ranch". Thin document contained the outline plan of development for the proposed development through 1992 representing an overall capital investment of approximately $380,000,000 for the City and County communities. The public revenues generated from the ongoing and continued development of the Arrowhead Springs Ranch project have been extrapolated to reach approximately $241,516,000 through 1986-2015. Member Marks elaborated on areas that he felt were of major concern regarding this issue. He stated that the County had indicated to the city that from a legal perspective there is not a sound foundation to warrant action on this matter as proposed. The basis for this decision was that in order to induce a project of this nature, there must be a realistic expectation that this development will, in fact, be constructed as proposed. The County feels that this is not the case due to the over-supply of multifamily housing that currently exists and will exist for the next 6 or 7 years. Member Marks informed the Council that the County examined the impact this project might have if allowed to reach fruition. Would future development opportunities be jeopardized because of the probable intervention on the part of the federal government into the ways and means that the community induced development, specifically the use of tax exempt bonds. Member Marks further stated that regarding the issue of proliferation of apartment units with respect to professionals, there is always a difference of opinion. Member Marks said that it was his opinion there seemed to be a serious doubt as to what the probable effect might be relative to this requested inducement. He questioned whether the city has an obligation to avoid an adverse situation in relation to those projects that have already been induced. - 12 - 12/16/85 Member Marks stated with respect to the impact on the city that city staff was requested to analyze this situation based upon some rudimentary information and what it would mean. Staff indicated that the construction of the proposed development might mean the creation of another city in the North end. The Smpact on city services would be highly signifcant. Member Marks went on to give some examples of the strain it would create relative to city services. Member Marks felt that this negative affect on the city's resources would come at a time when the city has been led to believe that the federal government will embark upon the dismantling of a number of urban programs that have contributed to the maintenance level of services in this community. Member Marks listed some examples regarding the above. Member Marks further stated that this particular area in the city was one of the best suited areas for the development of singlefamily detached residences of an upscale nature. Member Marks also spoke with respect to the appropriateness of the city portion, in his opinion, he could not envision that good planning alone could support a 1,000 units in the lower portion of the property close to David Way and Mariposa. Member Marks expressed his concerns regarding the fact that the Housing Authority can issue bonds on their own accord. He felt that the city should not recommend funding at this time and ask the developer to come back at a later date and work with the city for the benefit of everyone concerned. Discussion ensued between Mr. Hodgdon and Council relative to the above concerns. Member Marks again stated his concern that the developer would turn to the Housing Authority for the inducement. Member Marks asked Mr. Hodgdon if he would agree and pledge not to submit proposals to the Housing Authority relative to this project. Mr. Hodgdon gave his word to the Council adding that neither he nor Dr. Bright had any intention of going to the Housing Authority with this project. After further discussion, Member Marks made a motion, seconded by Member Quiel, that the matter concerning the Arrowhead Springs Ranch Project be tabled. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. 524E - 13 - 12/16/85 (17) APPROVAL AND ACCEPTANCE OF WORK - INSTALLATION OF ELEVATORS FOR NEW CENTRAL LIBRARY, PER PLAN :NO. 6461 - DOVER ELEVATOR COMPANY. Mayor and Common Council Member Quiel made a motion, seconded by Member Strickler to approve the work performed by the Contractor, in accordance with Specification No. 6462, and to authorize final payment at the expiration of the lien period. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. Absent: None. (18) APPROVAL AND ACCEPTANCE OF WORK - CONSTRUCTION OF INTERIOR FOR NEW CENTRAL LIBRARY, PER PLAN N0. 6467 - BERRY CONSTRUCTION Mayor and Common Council Member Quiel made a motion, seconded by Member Strickler to approve and accept the work performed by the Contractor, in accordance with Specification No. 6467, and to authorize final payment at the expiration of the lien period. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (19) APPROVAL AND ACCEPTANCE OF WORK - CONSTRUCTION OF PLUMBING - NEW CENTRAL LIBRARY, PER PLAN N0. 6465 - BAUMGARTEN PLUMBING, INC. Mayor and Common Council Member Quiel made a motion, seconded by Member Strickler to approve and accept the work performed by the Contractor, in accordance with Specification No. 6465, and authorize final payment at the expiration of the lien period. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (20) APPROVAL AND ACCHPTANCH OF WORK - NEW CENTRAL LIBRARY MASONRY - PLAN N0. 6458 - WINEGARDNER MASONRY Mayor and Common Council Member Quiel made a motion, seconded by Member Strickler to approve and accept the work performed by the Contractor, in accordance with Specification No. 6458, and authorize final payment at the expiration of the lien period. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. - 14 - 12/16/85 (21) APPROVAL AND ACCHPTANCE OF WORK - ELECTRICAL FOR NEW CENTRAL LIBRARY, PER PLAN N0. 6464, MARK COX ELECTRIC and Coon Council Member Quiel made a motion, seconded by Member Strickler to approve and accept the work performed by the Contractor, in accordance with Specification No. 6464, and authorize final payment at the expiration of the lien period. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (22) APPROVAL AND ACCEPTANCE OF WORK - CONSTRUCTION OF SKYLIGHTS FOR CHNTRAL LIBRARY. PER PLAN N0. 6460 - METCOE SPECLALTY CO.. INC. Mayor and Common Council Member Quiel made a motion, seconded by Member Strickler to approve and accept the work performed by the Contractor, in accordance with Specification No. 6460, and authorize final payment at the expiration of the lien period. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (16) TO ACCEPT OR NOT ACCEPT NEW INDUCEMENTS FOR PROJECTS SEEKING MULTIFAMILY MORTGAGE REVENUE BONDS Mayor and Common Council Member Quiel made a motion, seconded by Member Strickler to continue to accept applications for Multifamily Mortgage Revenue Bonds for approval on a case-by-case basis by the Mayor and Common Council. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Member Marks left the Commission Table. 15) SALARY INCBEASES Community Development Commission RESOLUTION N0. 4829 OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING WAGE INCREASES FOR EMPLOYEES OF THE COMMUNITY DEVELOPMENT/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. The City Clerk read the title of the resolution. - 15 - 12/16/85 Member Quiel made a motion, seconded by Member Strickler that further reading of the resolution be waived and that said resolution be adopted. Resolution Number 4829 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Member Marks. (23) TEFRA PUBLIC HEARING CAL-SHEL PROJECT Mayor and Common Council Chairman Wilcox officially declared the public hearing open and invited the public to speak to this item. Since there was no one present who desired to speak to this item, Chairman Wilcox declared the public hearing closed. RESOLUTION N0. 85-540 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING A CERTAIN APPLICATION AND RATIFYING THE PUBLICATION OF A NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $27,000,000 PRINCIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVENUE BONDS BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (CAL-SHEL PROJECT). The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Strickler to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Member Marks. Member Quiel made a motion, seconded by Member Strickler [hat said resolution be adopted. Resolution Number 85-540 was adopted by the Following vote: Ayes: Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: Member Hernandez. Absent: Member Marks. (S-1) 1985 SINGLE FAMILY MORTGAGE REVENUE BOND Mayor and Common Council The Executive Director explained in order to hold this issue together Agency will have to come up with a $6,500,000 Blind Pool. Staff has worked with Miller & Schroeder, Dr. Janczyk and First Interstate Bank and has reached the following proposal: Miller & Schroeder take $2 million of the blind pool, First Interstate Bank take $2 million of the blind pool, leaving the e~gency with the remaining $2.5 million. - 16 - 12/16/85 The cost of that particular $2.5 million could be reduced by the developer deposit we have on hand which was forfeited by the developers falling out of the deal at the last minute. This substantially reduces the risk, but does not eliminate the risk. The Agency would then have flexibility with the $2.5 million blind pool which could either be utilized for new construction, transferred to the rehab program or the Infill program. Miller & Schroeder has Sndicated their $2 million would be just as flexible. First Interstate's $2 million would be for existing refinancing. Member Quiel made a motion, seconded by Member Reilly authorizing the Redevelopment Agency to enter into a developers agreement in a $6,500,000 blind pool to be used for new construction housing development with homes priced in the $100,000-$120,000 range with the understanding that Miller & Schroeder and First Interstate Bank will pick up the agreed upon amounts. EXECOTIVE SESSION At approximately 8:10 p.m., Member Hernandez made a motion, seconded by Member Frazier to recess to Executive Session to discuss a report on the Hotel/Convention Center, under authority o£ Government Code Section 54956.9A. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Members Reilly and Marks. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox, Commission Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; STAFF PRESENT Glenda Saul, Executive Director; Ken Henderson, Manager, Community Development Division; Sandy Lowder, Manager, Redevelopment Division; Lorraine Velarde, Administrative Services Coordinator, Allen Briggs, Agency Counsel; Tim Sabo, Bond Counsel; and Attorney William J. Simon, Bankruptcy Counsel; Sue Gonzales, Transcribing Secretary. At 8:30 p.m., Agency Counsel Briggs, Executive Director of the Redevelopment Agency Saul, and Bond Counsel Sabo left the Executive Session. MEMBER ESTRADA ERCDSED At 10:15 p.m., Member Estrada left the Executive Session. ADJOURN CLOSED SESSION At 10:25 p.m., the Executive Session adjourned to the Regular meeting of the Community DevelopmentCommiesion in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. - 17 - 12/16/85 At 10:25 p.m., the Regular Meeting of the Community Development Commission reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following present: Chairman Wilcox, Members Reilly, Marks, Quiel, Frazier, Strickler. Absent: Members Estrada and Hernandez. CONVENTION CENTER/HOTEL In a memorandum dated December 16, 1985, Glenda Saul, Executive Director stated that Attorney William J. Simon had been retained to represent the City and the Agency in the bankruptcy matter o£ English Enterprises, Inc. Mr. Simon recommended that no use be made of the Convention Center until the entire bankruptcy matter has been cleared up. Member Quiel made a motion, seconded by Member Strickler to instruct the Superintendent of Public Buildings to commence maintenance on the Convention Center. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Members Estrada and Hernandez. nn.rnrra~rrrFnrm At 10:30 p.m., Member Strickler made a motion, seconded by Member Quiel that the meeting be adjourned. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Members Estrada and Hernandez. Glenda Saul, Executive Director 200G 524E - 18 - 12/16/85 M I N U T E S COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BFRNARDINO ADJOURNED REGULAR MEETING DECEMBER 23, 1985 The Community Development Commission/Redevelopment Agency meeting was called or order at approximately ll:55 a.m. by Chairman Wilcox. R lIT.T. ('AT.T. Roll call was taken with the following being present: Chairman Wilcox, Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Absent: Member Estrada. STAFF PRESENT Glenda Saul, Executive Director, Allen R. Briggs, Agency Counsel, Sandy Lowder, Redevelopment Division Manager, Kenneth J. Henderson, Community Development Division Manager, J. Lorraine Velarde, Administrative Services Coordinator, Sue Gonzales, Recording Secretary. (1) APPROVAL OF COMMISSION MINOTES Community Development Commission Member Reilly made a motion, seconded by Member Strickler to approve the Commission Minutes of December 5, 1985. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. (2) STATEMENT OF PROJECTS, PROGRAMS, ACTIVITIES Community Development Commission RESOLUTION NUMBER 4830 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ADOPTING A STATEMENT OF EXISTING PROJECTS, PROGRAMS AND ACTIVITIES AND EXISTING OBLIGATIONS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33334.6. The City Clerk read the title of the resolution. Member Reilly made a motion, seconded by Member Quiel to waive further reading of the resolution and that said resolution be adopted. Resolution Number 4830 was adopted by the following vote: Ayes: Member Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. (3) AUTO CIIiTffit Community Development Commission RESOLUTION NUMBER 4831 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PROPERTY OWNER'S PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ORANGE SHOW PLAZA ASSOCIATES FOR THE DEVELOPMENT OF AN AUTO CENTER IN THE SOUTHEAST INDUSTRIAL PARK PROJECT AREA. The City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Reilly to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. Member Quiel indicated he felt that the Commission should require issuance of permits for the foundation and certification by Building & Safety that the foundations are in place before release of funds. Glenda Saul, Executive Director, explained that the development is comprised of eight parcels, and that the difference between the note and the $1,200,000 is spread over the six parcels within the project area. The interest will accrue until the time of certification of the foundation, with the withholding of the reimbursement until performance is undertaken to be defined as the Certificate of Occupancy. This will not apply to the $413,000 which would be released based on those six parcels located within the Redevelopment Project Area. Mr. Dan Evans, Developer, explained that there are two phases involved. Part A. - Relief of ongoing interest where note obligation would not be relieved until the Certificate of Occupancy. Part B. - Upon the certification of the slab, those monies would be released at that time. Member Quiel made a motion, seconded by Member Strickler to adopt said resolution by interlineation to read: Exhibit B, Paragraph 1. - Upon certification of construction that construction financing has been secured by the dealership and upon presentation of evidence satisfactory to Agency that the foundation has been completed, the Agency shall suspend interest upon 1/8 of the principal balance for the promissory note as to each parcel sold to a dealership. Such suspension shall be conditional upon the issuance of a Certificate of Occupancy within 10 months. Upon the issuance of a Certificate of Occupancy, Agency shall write off as credit against the promissory note to be executed by the participating owner 1/8 of the principal amount of the promissory note, but not the interest applicable thereto for each parcel sold by participating owner to an auto dealer as defined. - 2 - 12/23/85 Resolution Number 4831 was adopted by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. (4) AUTNORIZE SUBMITTING APPLICATION TO STATE FOR SINGLE FAMILY BGND ALLOCATION - 1986. Mayor and Common Council RESOLOTION NUMBER 85-542 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE MORTGAGE BOND ALLOCATION COMMITTEE FOR AN ALLOCATION FOR THE ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE BONDS DURING CALENDAR YEAR 1986. The City Clerk read the title of the resolution. Member Strickler made a motion, seconded by Member Quiel to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. Member Strickler made a motion, seconded by Member Quiel that said resolution be adopted. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. Resolution Number 85-542 was adopted by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. Member Marks Left the Table (5) MAKING CERTAIN FINDINGS - HOUSING NEEDS STUDY Community Development Commission RESOLUTION NUMBER 4832 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS CONCERNING LACK OF NEED TO SET ASIDE A PORTION OF PROPERTY TAX INCREMENT PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33334.2 AND 33334.6. The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Strickler to waive further reading of the resolution and that said resolution be adopted. -3- 12/23/85 Resolution Number 4832 was adopted by the following vote: Ayes: Members Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Members Estrada and Marks. Member Marks Returned to the Table (6) APPROVING FIIiAL BOND DOCOMIIiTS - CAL SHELL PROJHCT Community Development Commission RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE AUTHORIZATION, SALE AND ISSUANCE OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA MULTIFAMILY HOUSING REVENUE BONDS (UNIVERSITY PARK PROJECT) SERIES 1985, IN A PRINCIPAL AMOUNT NOT TO EXCEED $22,000,000. Member Strickler made a motion, seconded by Member Reilly that said item be tabled. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. TEFRA PUBLIC HEARINGS - VARIOUS Mayor and Common Council Member Marks made a motion, seconded by Member Strickler to continue the following TEFRA Public Hearings to January 20, 1986, 11:00 a.m.: Chaparral Apartment Project Gilbert Street Villas Project Sandalwood Park Apartments Project The Woodlands Project Noble Properties, Inc., Project Mountain Gate Project The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. - 4 - 12/23/85 Mayor and Common Council RESOLUTION NUMBER 85-543 OF THE CITY OF SAN BERNARDINO ESTABLISHING REQUIREMENTS CONCERNING INDUCEMENT AND TEFRA RESOLUTIONS CONCERNING MULTIFAMILY MORTGAGE REVENUE BOND PROJECTS. Community Development Commission RESOLUTION NUMBER 4833 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ESTABLISHING REQUIREMENTS CONCERNING INDUCEMENT AND TEFRA RESOLUTIONS CONCERNING MULTIFAMILY MORTGAGE REVENUE BOND PROJECTS. The City Clerk read the title of the rea olutions. Member Marks made a motion, seconded by Member Strickler to waive further reading of the resolutions. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. Member Marks made a motion, seconded by Member Strickler that said resolutions be adopted. Rea olution Numbers 85-543 and 4833 were adopted by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. Mayor and Common Council RESOLUTION NUMBER 85-544 OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NUMBER 85-40, INDUCEMENT RESOLUTION FOR MULTIFAMILY MORTGAGE REVENUE BONDS FOR UNIVERSITY PARK PROJECT. The City Clerk read the title of the resolution. Member Strickler made a motion, seconded by Member Quiel to waive further reading of the resolution and that said resolution be adopted. Resolution Number 85-544 was adopted by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. Community Development Commission Member Marks made a motion, seconded by Member Reilly authorizing staff to give notice to all pending multifamily projects of new policy requirements. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. - 5 - 12/23/85 nnTrnmraerFaT At approximately 12:30 p.m. Member Strickler made a motion, seconded by Member Quiel to ad~oum the Regular Meeting of the Community Development Commission to January 6, 1986, 11:00 a.m., in the City Council Chambers, 300 North "D" Street, San Bernardino; California. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marka, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. Glenda Saul, Executive Director 214G - 6 - 12/23/85 COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO M I N U T E S REGULAR MEETING January 6, 1986 The Community Development Commission/Redevelopment Agency meeting was called to order at approximately 11:09 a.m., by Chairman Wilcox. ROLL CALL Roll call was taken with the following being present: Chairman Wilcox, Members Sack Reilly; Ralph Hernandez; Steve Marks; Gordon Quiel; Dan Frazier; Jack Strickler; City Attorney, Ralph Prince; City Clerk, Shauna Clark. Absent: Member Esther Estrada. STAFF PRESENT Glenda Saul, Executive Director; Ken Henderson, Manager, Community Development Division; Sandy Lowder, Manager, Redevelopment Division; Allen R. Briggs, Agency Counsel; Lorraine Velarde, Administrative Services Coordinator; Leslie A. Orr, Transcribing Secretary. Glenda Saul, Executive Director, requested of the Mayor and Common Council to consider Item ll9 of the Agenda first due to the fact that there were a number of people in attendance for that particular item. (9) ENTERPRISE ZONE AGREffi4EtiT - CALIFORNIA STATE - DATA GATHERING SYSTEM Community Development Commission RESOLUTION NUMBER 4837 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE FOUNDATION FOR CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, RELATING TO THE DEVELOPMENT OF A MARKETING STRATEGY FOR THE ENTERPRISE ZONE BY THE DATA GATHERING CENTER OF CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO. The City Clerk read the title of the resolution. Member Hernandez made a motion, seconded by Member Strickler to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. 1/6/86 Member Hernandez Council inquired if the Agency had sent out "Requests for Proposals" (RFP's) regarding the development of a marketing strategy for the Enterprise Zone. Glenda Saul, Executive Director, explained that in the original package submitted to the State, the City indicated that it would work with the colleges in the area of the development of the marketing program. Concerns were expressed by the Council regarding the cost involved in the preparation of the Enterprise Zone. Council requested that the Agency prepare an itemized list of costs to date, as well as a survey of other cities costs relative to the implementation of as Enterprise Zone. Member Frazier inquired as to whether Operation Second Chance would be included in the marketing strategy. Glenda Saul, Executive Director, replied that Operation Second Chance fell under another component of the application, and that Operation Second Chance could not provide the same services as the colleges. Member Strickler made a motion, seconded by Member Frazier, directing Agency staff to provide Council with a cost-to-date report to include further anticipated costs before the declaration of the Enterprise Zone and, in addition, any research available from other cities regarding costs relative to the formation of an Enterprise Zone. Said report to be brought back before the Commission by the first meeting in March, 1986. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. Member Quiel made a motion, seconded by Member Reilly, that said resolution be adopted. Resolution Number 4837 was adopted by the following vote: Ayes: Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. Absent: Member Estrada. (1) TEFRA PUBLIC HEARING - DEL ROSA GARDENS PROJECT Mayor and Common Council Member Quiel made a motion, seconded by Member Strickler, to continue the Public Hearing to the first meeting in March, 1986. The motion carried by the following vote: Ayes: Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. None. Absent: Member Estrada. Member Hernandez left to the Council Table. (Z) HIGH GROUNDWATHR PUMPING BEIMBURSEMENT AGREEMENT 1/6/86 -Z- Mayor and Common Council RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT WITH THE COMMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO FOR COSTS OF HIGH GROUNDWATER PUMPING PROGRAM. Community Development Commission RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT WITH THE CITY OF SAN BERNARDINO FOR COSTS OF HIGH GROUNDWATER PUMPING PROGRAM AND AUTHORIZING REDEVELOPMENT AGENCY TO BORROW FUNDS. Member Hernandez returned to the Council Table. The City Clerk read the titles of the resolutions. Member Quiel made a motion, seconded by Member Marks, to waive further reading of the resolutions and that this item be continued to 2:00 p.m., in order to give the Mayor and Common Council an opportunity to review the documents. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. (3) SHANDIN HILLS GOLF CLUB, LEASE AMENDMENT Community Development Commission RESOLUTION NUMBER 4835 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF A FIRST MfENDMENT TO SHANDIN HILLS GOLF CLUB LEASE. Member Strickler read the title of the resolution. Member Marks made a motion, seconded by Member Strickler, to waive further reading of the resolution and that this item be continued to 2:00 p.m., in order to give Council an opportunity to review the documents. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. (4) AMENDMENT TO OPA - GREGORY (PLATT BIIILDING) Community Development Commission -Member Strickler made a motion, seconded by Member Quiel, to continue this item to January 21, 1986. 1/6/86 -3- The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. (5) CENTRAL CITY SOUTH STUDY AREA Community Development Commission Council expressed concerns relative to the possibility that a situation might arising where the Central City Development Compaay proposed one type of development and the Study did not consider their choice feasible and proposed another type of development. Allen R. Briggs, Agency Counsel, responded to the concerns of the Council. Mr. Briggs stated that the Agency would make it clear that the proposed development must be consistent with decision of the Commission. Glenda Saul, Executive Director, informed the Commission that the Central City Development Company has agreed to comply with the decision of the Commission. Member Hernandez inquired as to what time period had been allotted for this study. Ms. Saul replied that it should be within a 120 day period. However, at this point in time, the agreement had not been finalized. Concerns were expressed as to the length of the time period. Member Marks remarked that the study could possibly take longer than the allotted time period. He stated that in order for the developer to have a reasonable period of time to fulfill obligations, the appropriate extension would have to be considered, if in fact, the proposed study was not completed in the specified time frame. Ms. Saul replied that the length of time allowed for the completion of the study was at the discretion of the Commission. Member Quiel suggested sixty days (60) to be adequate. Member Hernandez expressed his concerns that once the study is complete, would the Central City Development Company be able to perform in accordance with their development plan as proposed. Sam Catalano, representing the Central City Development Company, indicated that they would negotiate with the Agency for the development of the Rialto and "G" Street site in accordance with the Plan to be prepared by the consultant and approved by the Commission. Member Marks made a motion, seconded by Member Quiel, authorizing the Chairman and Secretary to enter into an agreement with URS Consultants to study that area in Central City South between Rialto Avenue and Mill and "E" 1/6/86 -4- Street and Interstate 215, with the proviso that a preliminary report be brought back before the Commission the first meeting in March, 1986. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. CCS (6) CENTRAL CITY DEVELOPMENT COMPANY - EXCLUSIVE RIGHT TO NEGOTIATE - Community Development Commission RESOLUTION NUMBER 4836 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND CENTRAL CITY DEVELOPMENT COMPANY FOR EXCLUSIVE RIGHT TO NEGOTIATE FOR ESTABLISHMENT OF CENTRAL CITY BUSINESS PARR (CENTRAL CITY SOUTH PROJECT AREA). Member Quiel requested that the agreement be amended to substitute the word "reasonable" instead of the word "brief" on page 3, lines 16 and 18. Member Quiel made motion, seconded by Member Marks, to waive further reading of the resolution and that said resolution be adopted approving the agreement with the suggested amendments. Resolution Number 4836 was adopted by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. (7) WITHDRAWAL OF PLAN AMENDMENT REQUEST - NORTHWEST PROJECT Community Development Commission Member Hernandez made a motion, seconded by Member Frazier, to receive and file the report. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. (8) ENTERPRISE 20NE ENVIRONMENTAL IMPACT REPORT Community Development Commission Member Reilly made a motion, seconded by Member Strickler, to set a Public Hearing for January 21, 1986, at 11:00 a.m., in the City Hall Council Chambers to consider certification of the final Environmental Impact Report for the City of San Bernardino Enterprise Zone. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. 1/6/86 -5- (10) APPROVAL OF CHANGE ORDER N0. FOUR - CONSTRUCTION OF PLUMBING FOR NEW CENTRAL LIBRARY PER PLAN N0. 6465 - BAUMGARTEN PLUMBING, INC. Mayor and Common Council Member Quiel made a motion, seconded by Member Marks, to approve Change Order No. four to the contract with Baumgarten Plumbing, Inc., for construction of plumbing for the new central library, in accordance with Plan No. 6465 to authorize compensation to the contractor for various items of work at a net increase in contract price of $915.46 from $101,070.18 to $101,985.64. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. (11) APPROVAL OF CHANGE ORDER N0. FIVE CONSTRUCTION OF PLUMBING FOR NEW CENTRAL LIBRARY, PER PLAN N0. 6465 - BAUMGARTEN PLUMBING, INC. Mayor and Common Council Member Quiel made a motion, seconded by Member Marks, to approve Change Order No. five to the contract with Baumgarten Plumbing, Inc., for construction of plumbing for the new central library in accordance with Plan No. 6465, to authorize the contractor to furnish and install a 3/4" drain line from an external drain pan below the fan coil units, furnish and install 1/4" cold water supply line to air conditioning unit in the computer room and deduct the cost for clean up not performed by contractor at net increase in contract price of $3,958.95, from $101,985.64 to $105,944.59. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. (13) APPROVAL OF CHANGE ORDER N0. FIVE - CONTRACT WITH SAN-VAL ENGINEERING FOR HVAC FOR NEW CENTRAL LIBRARY, PER PLAN N0. 6463 and Common Council Member Quiel made a motion, seconded by Member Marks, to approve Change Order No. five to the contract with San-Val Engineering, for the construction of HVAC for the new central library, in accordance with Plan No. 6463, to authorize the contractor to furnish and install sheet metal elbows with back draft damper at each outside air intake at a net increase in contract price of $3,633.49 from $372,115.80 to $375,749.29. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. Member Strickler made a motion, seconded by Member Frazier requesting a meeting of the library Ad Hoc Committee be scheduled for January 14, 1986, and 1/6/86 -6- instructing staff to prepare and submit an updated financial status report relating to the Central Library to said Committee. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. (14) HISPANIC CHAMBER OF COMMERCE - JOINT PUBLIC HEARING FOR PROPOSED SALE OF CITY BUILDING Mayor and Commoa Council Member Quiel made a motion, seconded by Member Hernandez, to continue the Public Hearing to January 21, 1986. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. 15) MENTAL HEALTH ASSOCIATION Mayor and Common Council Member Strickler made a motion, seconded by Member Frazier, to rescind the Community Development Block Grant appropriation of $15,000 to the Mental Health Association of San Bernardino for the Alzheimer's program, but retain the allocation for that program, and requested that Agency staff find another administering agent of the program in which to allocate the funds to. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. Member Hernandez left the Council Table. (16) APPROVAL OF CERTAIN FY 1985/1986 A^°°YA'YNT WITH COMMUNITY NON-PROFIT AGENCY and Common Council RESOLUTION NUMBER 86-8 OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE FOLLOWING INDIVIDUAL ORGANIZATION: INLAND COUNTIES REGIONAL CENTER, INC. The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Strickler, to waive further reading of the resolution and that said resolution be adopted. Resolution Number 86-8 was adopted by the following vote: Ayes: Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Members Estrada and Hernandez. 1/6/86 -7- (17) NU-TECH/PHASE I CERTIFICATE OF COMPLETION Community Development Commission Member Marks made a motion, seconded by Member Quiel, authorizing the Chairman and Secretary to execute a certificate of completion for Phase I of Nu-Tech Development. The motion carried by the following vote: Ayes: Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Members Estrada and Hernandez. Member Hernandez returned to the Council Table. (RS-1) HUNTS LANE RAILROAD CROSSING Community Development Commission Member Quiel made a motion, seconded by Member Reilly, to receive and file the report. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. (RS-2) APPRAISAL PRACTICES Community Development Commission Member Strickler made a motion, seconded by Member Quiel, to receive the report. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. Member Marks and Glenda Saul, Executive Director, discussed the use of Federal Forms by the Agency. Member Marks made a motion, seconded by Member Quiel, directing Agency staff to use Federal Form Guidelines for appraisal practices on as ongoing basis as updated. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. (RS-3) SEWER CAPACITY RIGHTS - CfiM FINE PACK, INC. 1/6/86 -8- Community Development Commission Member Strickler made a motion, seconded by Member Reilly, to approve the sale of 16.07 equivalent Sewer Capacity Rights (4,498.25 gallons) to C&M Fine Pack, Inc., and instruct Agency Counsel to prepare and Chairman and Secretary to execute appropriate amendment to Owner Participation Agreement providing for said sale. RECESS At approximately 12:00 p.m., Chairman Wilcox recessed the meeting of the Community Development Commission/Redevelopment Agency until 2:00 p.m. CALL TO ORDER The Community Development Commission/Redevelopment Agency meeting was called to order at approximately 4:30 p.m. ROLL CALL Roll call was taken with the following being present: Chairman Wilcox, Members Esther Estrada; Jack Reilly; Ralph Hernandez; Steve Marks; Gordon Quiel; Dan Frazier; Jack Strickler; City Attorney, Ralph Prince; City Clerk, Shauna Clark. Absent: None. CTAFF PR F.SF.NT Glenda Saul, Executive Director; Allen R. Briggs, Agency Counsel; Lorraine Velarde, Administrative Services Coordinator. Member Quiel left the Council Table. CITY HOLIDAY - MARTIN LUTHER RING, JR. BIRTHDAY and Common Council The City Clerk read the title of the resolutions. RESOLUTION NUMBER 86-11 OF THE CITY OF SAN BERNARDINO DECLARING JANUARY 20, 1986, TO BE A CITY HOLIDAY IN RECOGNITION OF THE CONTRIBUTIONS OF DR. MARTIN LUTHER KING, JR. Community Development Commission RESOLUTION NUMBER 4838 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DECLARING JANUARY 20, 1986, TO BE A COMMISSION HOLIDAY IN RECOGNITION OF THE CONTRIBUTIONS OF DR. MARTIN LUTHER KING, JR. Member Frazier made a motion, seconded by Member Marks, to waive further reading of the resolutions and that said resolutions be adopted. 1/6/86 -9- Resolutions Numbered 11 and 4838 were adopted by the following vote: Ayes: Members Estrada Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (2) HIGH GROUNDWATER PUMPING REIMBURSEMENT AGRFarmwT Mayor and Common Council RESOLUTION NUMBER 86-12 OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO FOR COSTS OF HIGH GROUNDWATER PUMPING PROGRAM. Community Development Commission RESOLUTION NUMBER 4834 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT WITH THE CITY OF SAN BERNARDINO FOR COSTS OF HIGH GROUNDWATER PUMPING PROGRAM AND AUTHORIZING REDEVELOPMENT AGENCY TO BORROW FUNDS. Member Marks left the Council Table. The City Clerk informed the Mayor and Common Council that further reading of the resolutions had been waived previously. Member Strickler made a motion, seconded by Member Reilly, that said resolutions be adopted. Resolutions Numbered 86-12 and 4834 were adopted by the following vote: Ayes: Members Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Members Marks and Quiel. Abstain: Member Estrada. (3) SHANDIN HILLS GOLF CLUB, LEASE AMENDMENT Community Development Commission RESOLUTION NUMBER 4835 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF A FIRST AMENDMENT TO SHANDIN HILLS GOLF CLUB LEASE. The City Clerk read the title of the resolution. Member Strickler made a motion, seconded by Member Frazier, to waive further reading of the resolution and that said resolution be adopted. Resolution Number 4835 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Members Marks, and Quiel. 1/6/86 -10- ADJDURNMEPIT There being no further business of the Community Development Commission, the Mayor and Common Council returned to City Business. Glenda Saul, Executive Director 539E 1/6/86 -11- COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO M I N U T E S SPECIAL MEETING January 13, 1986 The Community Development Commission/Redevelopment Agency meeting was called to order at approximately 6:03 p.m., by Chairman Wilcox. xnT.T. rnr.t. Roll call was taken with the £ollowing being present: Chairman Wilcox; Members Esther Estrada; Jack Reilly; Ralph Hernandez; Steve Marks; Dan Frazier; Jack Strickler; Ralph Prince, City Attorney; Shauna Clark, City Clerk; Absent: Gordon Quiel. STAFF PRESENT Glenda Saul, Executive Director; Ken Henderson, Manager, Community Development Division; Sandy Lowder, Manager, Redevelopment Division; Allen R. Briggs, Agency Counsel; Lorraine Velarde, Administrative Services Coordinator; Leslie A. Orr, Transcribing Secretary. Gordon Quiel arrived and took hie place at the Council Table. (1) PREVAILING WAGE RATHS POLICY PUBLIC NEARING This is the time and place set for a public hearing to make certain findings and determinations in connection with prevailing wage requirements. Member Strickler suggested that the form motion under consideration be read to the public so that they might have a better understanding of the purpose of the meeting. Chairman Wilcox read the following motion: That the Redevelopment Agency ata££ be instructed to include prevailing wage requirements in appropriate documents only when such are mandated by State or Federal statutes. Chairman Wilcox declared the Public Hearing officially open and invited the public to address this issue. Due to the number of people that indicated a desire to speak to this issue, Chairman Wilcox asked that each individual limit their comments to five (5) minutes. Member Marks left the Council Table. 1-13-86 Member Strickler made a motion, seconded by Member Quiel, that Redevelopment Agency staff be dlrected to include prevailing wage requirements in appropriate documents only when such are mandated by State or Federal "`"'" Statutes. Item was opened for discussion. Chairman Wilcox read into the record a letter prepared by Russ Hatle, President of Community Consultants Corporation, on January 10, 1986. The letter explained that his company had recently had an opportunity to consider all union contractors on two (2) projects. Mr. Hatle further stated their surprise that the cost of "all union" contractors was nearly 10% higher than the cost of as open job which utilizes the best qualified, skilled workers and lowest bidder, whether or not union. Mr. Hatle did not believe that the City could achieve its goal of job creation and business creation within the Redevelopment Area by imposing a penalty of this magnitude with an "all union" requirement. It was Mr. Hatle's opinion that if this action is taken, it would negatively impact Community Consultants Corporation's future decisions regarding development within the City of San Bernardino Redevelopment Area as opposed to development in cities which do not impose such a requirement. Mr. Hatle strongly urged the Commission to continue as an "open shop" which he felt would permit both union and nonunion contractors and subcontractors to work within the Redevelopment District. Member Marks asked for clarification regarding Agency policy prior to the Schurgin agreement stating that at that time, action was taken by Council ~ ~ to implement the policy that was used prior to the Schurgin agreement until i such time as the issue could be settled. _ Allen R. Briggs, Agency Counsel, responded that it was his understanding that prior to the Schurgin agreement, it was standard policy within the Redevelopment Agency to require a prevailing wage clause in all disposition sad development agreements and in all owner participation agreements. In the case of the Schurgin agreement, their Attorney objected to the stronger federal language of the Davis-Bacon Act requiring certification of payroll, careful monitoring, etc. The result was a request by the Schurgin attorney for softer language, requirements under State law referred to as the Little Davis-Bacon Act. The Little Davis-Bacon Act does include the prevailing wage clause, however, it does not require the close monitoring or certification of payroll. Mr. Briggs concluded that the City has two (2) sets of language, one is Federal which requires the certification of payroll and monitoring, and the State language, referred to as the Little Davis-Bacon Act, which is used on non-federally assisted projects and does not require the careful monitoring and certification of payroll. 1/13/86 -1- Member Marks inquired of Glenda Saul, Executive Director, prior to the Schurgin agreement, did the Redevelopment Agency require the stronger language of the Federal government, or was such language only required where mandated as it pertains to disposition and development agreements and owner participation agreements. Ms. Saul replied at one time the Agency had a concentration of federal funds, therefore the Davis-Bacon language prevailed. The Agency developed a standard disposition and development agreement which included that language at a time when it was believed that additional federal funding was to be expected. The language was left in that standard agreement with a reduced amount of monitoring. Only in those cases where federal monies were used did the Agency follow the federal standard in terms of the careful monitoring and certification of payroll. Ma. Saul expressed concerns regarding the gradual deterioration of allocations involving federal funds, and what problems the prevailing wage clause might cause developers. She explained that by not allowing the Agency to provide the incentives offsetting the effect caused by the Davis-Bacon Act, the city could lose its competitive edge. Ms. Saul further stated that so far this has not been a huge problem. However, she suggested that at this point in time, perhaps the Agency should not use this language unless State or Federal funds are involved. Member Marks inquired if all disposition and development agreements as well as owner participation agreements included the prevailing wage clause prior to the Schurgin agreement. Ms. Saul explained that the standard language and forms for disposition and development agreements were developed in the early seventies which has basically always been used. Certain exhibits and pages have been changed in accordance to specific developments, but the basic language has remained the same. The agreements have almost always contained the prevailing wage clause whether or not mandated by federal or state guidelines. Member Marks further inquired of Ms. Saul how complaints relative to the prevailing wage clause were handled and whether or not payroll certification was required. Ms. Saul replied that if a compliant was filed, the Agency would request payroll certification. The Agency has only had one (1) case where such a complaint was filed. Member Marks asked whether or not in those agreements that pertained to the Davis-Bacon Act, it was stated that there would not be a requirement for certified payroll on an ongoing basis or was it just a matter of not having it monitored. 1/13/86 -2- Ms. Saul replied that the Agency did not require certified payroll. In any case where there is a use of federal funds, it is a requirement of the developer. In answer to Member Marks previous question, Ms. Saul stated that to her knowledge the agreements prior to the Schurgin agreement did not contain that requirement unless federal funds were involved. Ms. Saul deferred the question to Allen R. Briggs, Agency Counsel. Mr. Briggs explained that the language refers to the federal law and states that it must be complied with, but does not require the Agency or contractor to provide certified payroll. Under the contract, the City/Agency could require it upon request if so desired. Mr. Ray Vandernant, attorney, provided his comments to the Mayor and Common Council. He stated that the City Council would be depriving the citizens of San Bernardino their right to the prevailing wage. Mr. Vandernant explained to the Council that the prevailing wage as it exists today is mathematically calculated. Allen Briggs, Agency Counsel, answered questions regarding the laws on the requirements of the prevailing wage clause and read excerpts from the Labor Code. Mr. Briggs pointed out to the Council that in the surrounding competitive cities, the prevailing wage clause exists only where mandated by State and Federal law. Member Frazier left the Council Table. Mr. Joe Doyle, citizen of San Bernardino for twenty-six (26) years, read a statement regarding the Department of Labor policy relative to this issue. According to Mr. Doyle, it basically stated that the City is in conflict with Federal law when such funds are used without requiring prevailing wage provisions. Glenda Saul, Executive Director, responded to Mr. Doyle's statement by saying Mr. Doyle comments were relative to a Department of Labor legal opinion which would require the payment of prevailing wage rates on all CDBG assisted projects regardless of the nature of the CDBG assistance. Ms. Saul went on to say that there is no prohibition concerning Community Development Block Grant funds in cases where these funds are utilized for acquisition, architectural and engineering and working capital loans. Utilizing the funds for any of purposes would not trigger Davis-Bacon prevailing wage rate requirements. The Department of Housing and Urban Development has indicated it does not support that opinion, and has recently published a bulletin concerning the issue. Allen Briggs, Agency Counsel, answered questions from the Council. Mr. Briggs stated that Ms. Saul was correct and that CDBG funding for land acquisition does not trigger the Davis-Bacon language. 1/13/86 .-.. -3- Ms. Mary Curten, a labor representative, gave her comments to the Mayor and Common Council regarding this issue. Ms. Cuxten stated that prevailing wage protects tax payers' dollars by ensuring well qualified people. Mr. Merv Simchowitz, a local developer, presented to the Mayor and Common Council his point of view on prevailing wage. Mr. Simchowitz stated that if the City and Redevelopment Agency cannot offer developers a good competitive environment for prospective developments, the city could lose much development. He used for an example the IBM deal which went to San Diego. Mr. Mike Russell of Fontana explained to the Mayor and Common Council that the prevailing wage rate is determined by the State of California and is usually a union rate, not a majority modal rate. The prevailing wage rate does not necessarily ensure skilled craftsmen, creating a false economy with an arbitrary wage scale. Nationwide, the average cost of the construction contract is 20% more when the prevailing wage rate is implemented. Mr. Joe Perez, executive secretary of the San Bernardino/Riverside Building Trade Council, urged the Mayor and Common Council to retain the prevailing wage provisions to avoid possible economic erosion of living standards for citizens of the City. Mr. Jimmy Cartee, a local architect, asked questions concerning a developer being required to pay prevailing wage rates in the State College area. Mr. Allen Briggs, Agency Counsel, responded to Mr. Cartee's questions. Ms. Anne Imparato, AFSCME Representative for City Employees, commented on the issue of setting salaries by vote and used for an example the salary mechanism for the Board of Supervisors. This is what constitutes a prevailing wage. Ma. Lynn Daffney, member of the International Brotherhood of Electrical Workers, urged the Council, that when making a decision, to take into consideration the human factor. Mr. Sam Catalano, Central City Company, remarked on the limited number of tools the city hae to use as economic incentives for development and that the payment of prevailing wage on all projects would remove the few tools available to encourage development. Ms. Glenda Saul, Executive Director, responded with her comments to Mr. Catalano's statement. Mr. Joe Doyle, a resident of the city, informed the Council that the International Brotherhood of Electrical Workers took a $3.70 cut per hour eighteen (18) months ago. Mr. Doyle stated that while the union might take from the economy, it also gives back. 1/13/86 -4- Mr. Bill Bird, a local developer, pointed out that the city inspects all projects. Mr. Graig Gilbarton, a city resident working in Irvine, spoke in favor of payment of prevailing wages. Mr. Walter Melendez, a journeyman from Local 477, Electrical Workers, also favored prevailing wage provisions. He stated that no organization with the exception of the Union provides training to minorities. Mr. Melendez also spoke regarding his opposition towards piece work. Mr. Wilfred Lemann, representing a group of local businessmen trying to produce a major commercial facility downtown, stated that this project would bring more employees to the downtown area, but prevailing wage provisions could hurt the economic viability of the project. Mr. Lemann further stated that it is to the city's best interest for the Redevelopment Agency to maintain its competitive edge. Mr. Mike Russell of Fontana stated that while some contractors pay more than the prevailing wage, no contractors pay as little as the minimum wage. Mr. George Romero, a local contractor with 300 employees, commented that the least expensive wage paid to an employee of his firm is $16.00 an hour. The average employee in his business earns between $18.00 and $25.00 per hour, plus benefits. He stated that in 1977, all 200 of his employees left the union to stay employed by his company. Mr. Jim Pence, a local contractor, opposed the prevailing wage provisions. He declared that if it were the taxpayers' money, he could understand such a provision. However, in the cases of private funding, the city should not require such a provision. Mr. John Broswood, a general contractor, does not employ union workers, but does pay the prevailing wage. He informed the Council that he does not bid for jobs that include the prevailing wage agreement because it is too hard to find union workers. Mr. Broswood suggested that the city set its own prevailing wage for the area. Mr. Lon Indreiri, a local contractor who served on the Prevailing Wage Board for the State of California, stated the need for more accurate information by which to determine the prevailing wage rate rather than a model base. Mr. Indreiri said that in his opinion, the current prevailing wage is inflationary. Mr. John Edwins, a local developer, spoke relative to the fact that under redevelopment contracts, when a sub-contractor makes an error, the developer could be sued. Mr. Edwins stated that in his opinion, he did not want to take responsibility for this type of system. 1/13/86 -5- Mr. Dan Evans explained the need for the city to retain its competitive edge. In his opinion, the market place will dictate where new development will take place and that the city must be able to compete. The Mayor and Common Council discussed whether or not to adopt the motion currently on the floor and if it would, in fact, change existing policy. Member Marks made a substitute motion, seconded by Member Hernandez that the Public Hearing be officially closed. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Marks, Quiel, Strickler. Noes: Member Reilly. Absent: Member Frazier. Member Marks made a motion, seconded by Member Estrada, to continue the matter of the prevailing wage for further study by qualified consultants and that the Executive Director of the Redevelopment Agency be instructed to prepare a Request for Proposals for presentation at the next Council meeting for the hiring of said consultant. Member Strickler made a substitute motion, seconded by Member Quiel, that the Redevelopment Agency staff be instructed to include prevailing wage requirements in appropriate documents only when such are mandated by State or Federal Statutes. Member Strickler's substitute motion failed by the following vote: Ayes: Members Reilly, Quiel, Strickler. Noes: Members Estrada; Hernandez; Marks. Absent: Member Frazier. Member Quiel made a motion, seconded by Member Marks, to continue the matter of the prevailing wage to Tuesday, January 21, 1986, aad further, that staff, which includes the City Administrator and the Executive Director of the Redevelopment Agency, be instructed to submit a list of consultants which have never done business with the city who could prepare an economic analysis of the benefits and detriments of paying prevailing wages, and that information on the recommended time frame and coats for the study be reported to the Council. In the meantime, the Executive Director of the Redevelopment Agency and the City Administrator were directed to do additional studies of this issue independently. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Hernandez; Marks; Quiel; Strickler. Noes: None. Abseat: Member Frazier. RECESS MEETING TO CLOSED SESSION At 9:00 p.m., Member Estrada made a motion, seconded by Member Strickler that the adjourned regular meeting of the Mayor and Common Council recess to Closed Session. 1/13/86 -6- The motion carried by the following vote: Members Estrada; Reilly; Hernandez; Marks; Quiel; Strickler. Noes: None. Absent: Member Frazier. RECONVENE MEETING At 11:00 p.m., the adjourned regular meeting of the Community Development Commission was reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. R(1T.T. (:AT.T. Roll call was taken with the following being present: Chairman Wilcox; Members Esther Estrada; Ralph Hernandez; Steve Marks; Gordon Quiel; Jack Strickler; Ralph Prince, City Attorney. Absent: Member Dan Frazier; Shauna Clark, City Clerk. STAFF PRESENT Glenda Saul, Executive Director; Sandy Lowder, Manager, Redevelopment Division; Allen R. Briggs, Agency Counsel; Lorraine Velarde, Administrative Services Coordinator. VANIR DEVELOPMENT COMPANY, INC. - DEVELOPMENT OF 14 STORY OFFICE BUILDING ON COURT AND "E" STREETS - REQUEST POR ERTENSION OF TIME In a letter dated January 13, 1986, Mr. H. Frank Dominguez explained the need for an extension of time for the escrow closing date on the proposed ^-.~ development of a fourteen story office building at the corner of Court and "E" Street, and requested that the Agency extend the escrow closing date for as additional twelve months, or until the new downtown hotel has opened or a - major tenant for the facility has been secured. Member Strickler made a motion, seconded by Member Reilly, that as to the agreement the city has with Mr. Dominguez regarding the Court and "E" Streets property, that the city follow the agreement to the letter and that if the escrow is not closed on the scheduled date of January 15, 1986, a "Notice of Default" be mailed the following date, as per the agreement, giving Mr. Dominguez thirty (30) days notice to cure the Default, as per the recommendation of the City Attorney. The Mayor and Common Council discussed the motion on the floor. Member Hernandez stated he would abstain from voting on this issue, as he felt the discussion of this item in Closed Session inappropriate and illegal. Allen R. Briggs, Agency Counsel, stated for the record that discussion of this item in Closed Session was perfectly legal. 1/13/86 -7- Member Quiel informed the Council that he would abstain from voting on this item due to a possible conflict of interest concerning a contractual relationship with Frank Dominguez. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Marks; Strickler. Noes: None. Absent: Member Frazier. Abstain: Members Hernandez and Quiel. Member Hernandez left the Council Table. Member Marks made a motion, seconded by Member Estrada, that the Mayor, Member Estrada and any city or Redevelopment Agency staff person or persons they feel appropriate contact Mr. Dominguez and explore the possibility with Mr. Dominguez regarding viability and continuation of his proposed project. (Court and "E" Street property) The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Strickler. Noes: None. Absent: Members Hernandez and Frazier. Abstain: Member Quiel. Member Hernandez returned to the Council Table. ADJOURNMENT At 11:05 p.m., Member Estrada made a motion, seconded by Member Marks, that the meeting be adjourned. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: No%~n/e. Absenft/~:~~Member Frazier. ~~~ d~/ ~; Glenda Saul, Executive Director 558E 1/13/86 -8- M I N U T E S COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING JANUARY 21, 1986 The Community Development Commission/Redevelopment Agency meeting was called to order at approximately 11:20 a.m., by Chairman Wilcox. unr.r. r.Ar.r. Roll call was taken with the following being present: Chairman Wilcox, Commission Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier and Strickler. STAFF PRESENT Sandy Lowder, Redevelopment Division Manager, Allen R. Briggs, Agency Counsel, Kenneth J. Henderson, Community Development Division Manager, J. Lorraine Ve larde, Administrative Services Coordinator, Sue Gonzales, Recording Secretary. MEMBER QUIEL LEFT THE COMMISSION TABLE (1) APPROVAL OF COMMISSION MINUTES Community Development Commission Member Marks made a motion, seconded by Member Reilly to approve the Commission Minutes of January 6, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. Member Marks made a motion, seconded by Member Reilly to continue the Commission Minutes of December 16, 1985, and December 23, 1985. The motion carried by the Following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. MEMBER ESTRADA LEFT THE COMMISSION TABLE (2) REDEVELOPMENT COMMITTEE MINOTES Community Development Commission Member Strickler made a motion, seconded by Member Reilly to continue the Redevelopment Committee Minutes to February 3, 1986. - t _ 1/21/86 The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Members Estrada and Quiel. MEMBER ESTRADA RETURNED TO THE TABLE (3) APPROVAL AND ACCEPTANCE -- CONSTRUCTION OF ON-SITE WORK FOR NEW CENTRAL LIBRARY PER PLAN N0. 6468 -- RIVERSIDE CONSTRUCTION COMPANY. Member Reilly made a motion, seconded by Member Quiel, to approve and accept the work performed by the Contractor, in accordance with Specification No. 6468, authorizing final payment at the expiration of the lien period. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (4) INDUCEMENT BESOLUTION - VIdCH APARTMENTS PARK PROJECT Mayor and Common Council Member Marks made a motion, seconded by Member Frazier to continue to March 3, 1986. The motion carried by the following vote: Ayes: Members Estrada,Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (5) INDUCEMENT RESOLUTION - WESTERN COMMUNITIES ASSOCLATES PROJECT and Common Council Member Marks made a motion, seconded by Member Frazier to continue to March 3, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (6) TEFRA PUBLIC HEARING - S.P. COMMERCLAL DEVRI.OPMENT Mayor and Common Council Member Marks made a motion, seconded by Member Frazier to continue the public hearing to March 17, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. - 2 - 1/21/86 The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Members Estrada and Quiel. 1AISMMBER ESTRADA RETURNED TO THE TABLE (3) APPROVAL AND ACCEPTANCE - CONSTRUCTION OF ON-SITE WORK FOR NEW CENTRAL LIBRARY PER PLAN N0. 6468 ' RIVERSIDE CONSTRUCTION COMPANY. Member Reilly made a motion, seconded by Member Quiel, to approve and accept the work performed by the Contractor, in accordance with Specification No. 6468, authorizing final payment at the expiration of the lien period. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (4) INDUCEMENT RESOLUTION - VLACH APARTMENTS PARK PROJECT Mayor and Common Council Member Marks made a motion, seconded by Member Frazier to continue to March 3, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (5) INDUCEMENT RESOLUTION - WESTERN COMMUNITIES ASSOCIATES PROJECT Mayor and Common Council Member Marks made a motion, seconded by Member Frazier to continue to March 3, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler, idoes: None. Absent: Member Quiel. (6) TEFRA PUBLIC HEARING - S.P. COMMERCIAL DEVELOPMENT Mayor and Common Council Member Marks made a motion, seconded by Member Frazier to continue the public hearing to March 17, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. - 3 - 1/21/86 (7) TEFRA PUBLIC NEARING - VARIOUS PROJECTS Mayor and Common Council Member Marks made a motion, seconded by Member Frazier to continue the following TEFRA Public Hearings to April 7, 1986: Gilbert Street Villas Sandalwood Park Project Woodlands Project Noble Properties, Inc. Chaparral Investors Mountain Vistas 0 The motion carried by the following vote: Hernandez, Marks, Frazier, Strickler. Noes: MEMBER QUIEL RETUENED TO THE TABLE ENTERPRISE ZONE - COST SUMMARY Ayes: Members Eatrada, Reilly, None. Absent: Member Quiel. Community Development Commission Member Strickler indicated his objections to the amount o£ money spent during the course of applying for Enterprise Zone designation. The Commission directed staff to prepare letters to the state legislature to inform them of the impact on municipal budget and ask for some form of relief or assistance from them. Member Frazier made a motion, seconded by Member Reilly to receive and file the Enterprise Zone Cost Summary report and directed staff to return with an itemized report of the costs incurred to date on the Enterprise Zone application along with a survey of other cities' costs for review. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None SEWER CAPACITY RIGHTS - C S M FINE PACK. INC. Community Development Commission RESOLUTION NUMBER 4840 OF THE COMMUNTIY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO THE REVISED PROPERTY OWNER'S PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND C&M FINE PACK, INC., STATE COLLEGE PROJECT AREA, SAN BERNARDINO, CALIFORNIA. The City Clerk read the title of the resolution. - 4 - 1/71/A6 Member Frazier made a motion, seconded by Member Quiel to waive further reading of the Resolution and that said Resolution be adopted with interlineation to read on Line 13 "Non-substantive changes ". Resolution Number 4840 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. MEMBER HERNANDEZ LEFT THE COMMISSION TABLE. (10) SEWER CAPACITY RIGHTS - PROPERTY VENTURES Community Development Commission RESOLUTION NUMBER 4841 OF THE CONAIUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN OWNER'S PARTICIPATION AGREEMENT WITH PROPERTY VENTURES FOR THE PURCHASE OF SEWER CAPACITY RIGHTS (STATE COLLEGE PROJECT AREA). The City Clerk read the title of the resolution. Member Frazier made a motion, seconded by Member Marks to waive further reading of the Resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Hernandez. Member Quiel made a motion, seconded by Member Reilly to adopt said Resolution with interlineation to read "non-substantive changes" and to delete the paragraph in the agreement relating to Prevailing Wage Requirements. Resolution Number 4841 was adopted by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Hernandez. Member Quiel made a motion, seconded by Member Reilly, to instruct staff to omit prevailing wage rates language from all future agreements merely for the sale of sewer capacity rights where no Agency assistance is involved. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None (11) AGREEMENT WITH EMPIRE ECONOMICS FOR CONSULTANT SERVICES - MULTIFAMILY BOND PROGRAM. Community Development Commission RESOLUTION NUMBER 4842 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH EMPIRE ECONOMICS FOR CONSULTANT SERVICES, MULTIFAMILY BOND PROGRAM. - 5 - 1/21/86 The City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Strickler, to waive further reading of the Resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Hernandez. MEMBER HERNANDEZ RETURNED Member Marks made a motion, seconded by Member Quiel, to adopt said resolution. Resolution Number 4842 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (12) AMENDMENT TO OPA - GREGORY (PLATT BUILDING) Community Development Commission RESOLUTION NUMBER 4843 OF THE COPAfUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF A FIRST AMENDMENT TO PROPERTY OWNER'S PARTICIPATION AGREEMENT WITH ARTHUR GREGORY REGARDING THE PLATT BUILDING REHABILITATION. The City Clerk read the title of the resolution. Member Strickler made a motion, seconded by Member Estrada to waive further reading of the Resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None Commission received a letter from Mr. Arthur Gregory requesting funds be approved for demolition at this time and then released when they become available. He explained that at the time of the original agreement, he agreed to pay for the demolition of the building. He is now requesting that if there are funds available, he would like to apply for a grant or some source o£ assistance from the Agency. The Commission discussed this in detail and decided that the budget for demolition funds was depleted and that Mr. Gregory should go through normal procedures to apply for Beautification funds if he so desires. Member Marks made a motion, seconded by Member Frazier, to adopt said Resolution. - 6 - 1/21/86 Resolution Number 4843 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (13) HISPANIC CHAMBER OF COMMERCE INC. (PROPOSED SALE OF PROPERTY LOCATED AT 972 NORTH MT. VERNON AVENUE. Mayor and Common Council This is the time and place continued to for a Public Hearing to consider the sale of city property located at 972 North Mt. Vernon Avenue to the Hispanic Chamber of Commerce. Chairman Wilcox officially declared the public hearing open and invited the public to speak to this item. Member Quiel made a motion, seconded by Member Strickler to close the Public Hearing since there was no one in the audience to speak to this item. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None RESOLUTION NUMBER 86-15 OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF THAT CERTAIN PARCEL OF PROPERTY IDENTIFIED AS APN 139-17-3-15, LOCATED AT 972 NORTH MT. VFRNON AVENUE, BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TO THE HISPANIC CHAMBER OF COMMERCE. RESOLUTION NUMBER 4844 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZSNG AND DIRECTING EXECUTION OF A GRANT DEED FROM THE COMMUNITY DEVELOPMENT COMMISSION TO HISPANIC CHAMBER OF COMMERCE CONCERNING PROPERTY LOCATED AT 972 NORTH MT. VERNON AVENUE IN THE CITY OF SAN BERNARDINO. The City Clerk read the titles of the resolutions. Member Quiel made a motion, seconded by Member Estrada to waive further reading of the Resolutions and that said Resolutions be adopted with the provision included in the Deed that they are purchasing the property as is. Resolution Numbers 86-15 and 4844 were adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. The Commission stated they are fully supportive of the rehabilitation of the Hispanic chamber of Commerce building. - 7 - 1/21/86 (14) DECLARATION OF DEFAULT STATUS FOR BELCO DEVELOPMENT COMPANY CDBG LOAN 187, 58.3 Mayor and Common Council Redevelopment Committee recommended that Commission move to declare Belco Development Company in default of their Community Development Block Grant Loan Agreement of $187,458.34. Ken Henderson, Community Development Division Manager, apprised the Commission that Belco Development Company has cured the default by bringing their account current with payment of $3,741.51, and therefore, requested this item be tabled. Member Quiel abstained from this item due to possible conflict of interest relative to a contractural agreement with Belco Development Company. Member Frazier made a motion, seconded by Member Estrada to table this item. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: None. Abstain: Member quiel. (15) WESTSIDE COMMUNITY DEVELOPMENT CORPORATION CDBG LOAN OF $112,000 OFFICE BIIILDING Mayor and Common Council Redevelopment Committee recommended San Bernardino Westside Community Development Corporation's loan of $112,000 be declared in default and staff instructed to take appropriate action to secure repayment of the loan. Commission discussed procedures for the handling of accounts in default. Member Frazier made a motion, seconded by Member Reilly, to instruct staff to meet with the Redevelopment Committee and come back with suggestions for procedures for handling default accounts and other infringements of agreements. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. Absent: None. Member Frazier made a motion, seconded by Member Reilly to continue the matter regarding the San Bernardino Westside Community Development Corporation to February 17, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. - 8 - 1/21/86 RECESS At approximately 12:25 p.m., Member Frazier made a motion, seconded by Member Strickler to recess the Community Development Commission meeting to 2:00 p.m. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None RECONVENE MEETING Chairman Wilcox reconvened the meeting of the Community Development Commission at approximately 3:40 p.m. ROLL CALL Roll call was taken with the following being present: Chairman Wilcox, Commission Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier and Strickler. CTAFF DRF.SFNT Sandy Lowder, Redevelopment Division Manager, Allen R. Briggs, Agency Counsel, Kenneth J. Henderson, Community Development Division Manager, J. Lorraine Velarde, Administrative Services Coordinator, Sue Gonzales, Recording Secretary. (RS-1) DEMOLITION OF STRUCTURES AT 1375 AND 1387 RIALTO AVENUE Mayor and Common Council Member Quiel made a motion, seconded by Member Reilly that the request to demolish structures located at 1375 and 1387 Rialto Avenue utilizing Community Development Block Grant (CDBG) funds be denied and the process for demolition as administered by the Building & Safety Department be followed. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. Absent: None Ken Henderson, Community Development Division Manager, answered questions regarding demolition and the financial assistance the Agency can give. He indicated that prior to the current fiscal year it had been two years since the Commission had made an appropriation of CDBG funds for demolition purposes. Member Marks made a motion, seconded by Member Quiel that the demolition issue be referred to the Legislative Review Committee for recommendations for enhancement of current policy on demolition. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. Absent: None -9- 1/21/86 (RS-Z) RECIPROCAL EASEMENT AGREEMENT - STATE COLLEGE and Common Council RESOLUTION NUMBER 86-16 OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A RECIPROCAL EASEMENT AGREEMENT AMONG THE CITY OF SAN BERNARDINO, SHANDIN HILLS GOLF CLUB AND BLOCK BROS., RELATIVE TO THE GRANTING OF SPECIFIC EASEMENT RIGHTS. The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Strickler, to waive further reading of the Resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None Member Quiel made a notion, seconded by Member Strickler to adopt said Resolution. Resolution Number 86-16 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (RS-3) ENTERPRISE ZONE EIR/EIS Mayor and Common Council RESOLUTION 86-17 OF THE CITY OF SAN BERNARDINO DETERMINING AND CERTIFYING ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT FOR THE ENTERPRISE ZONE IS ADEQUATE AND FULLY COMPLIES WITH REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND NATIONAL ENVIRONMENTAL POLICY ACT. RESOLUTION 86-18 OF THE CITY OF SAN BERNARDINO DETERMINING THAT ADOPTION OF THE ENTERPRISE ZONE WILL HAVE IMPACT UPON THE ENVIRONMENT FROM GROWTH STANDPOINT, BUT THAT OVERRIDING CONCERNS JUSTIFY PROCEEDING WITH THE PROJECT DESPITE IMPACT OF GROWTH. The City Clerk read the titles of the resolutions. Member Reilly made a motion, seconded by Member Quiel, to waive further reading of the Resolutions and that said Resolutions be adopted. Resolution Numbers 86-17 and 86-18 were adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. MEMBER ESTRADA LEFT THE COMMISSION TABLE - 10 - 1/21/86 (RS-4) PREVAILING WAGE RATES Mayor and Common Council Member Quiel made a motion, seconded by Member Strickler, to continue this item to 9:00 a.m., February 17, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None MEMBER ESTRADA RETURNED TO THE TABLE (RS-5) E%PENSES OF COUNCIL OPFICES EXPANSION PROJECT TO BE CHARGED TO REDEVELOPMENT AGENCY Community Development Commission Member Marks made a motion, seconded by Member Quiel, approving the Community Development Commission entering into an agreement with the City for additional participation in the sum of $5,000.00 for the conference room expansion of the City Council offices. Said sum to cover 1/2 of the costs of required furnishings. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None (RS-6) INFORMATIONAL ITEM - SAN BERNARDINO COUNTY BOARD OF SUPERVISORS ACTION RELATIVE TO THE INTERNATIONAL CHRISTLAN GRADUATE UNIVERSITY. Community Development Commission Member Strickler made a motion, seconded by Member Quiel, to receive and file the report of San Bernardino County Board of Supervisors action relative to the International Christian Graduate University. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None (RS-7) VANIR DEVELOPMENT - COURT AND "E" STEEETS Community Development Commission Member Estrada indicated that a committee composed of Chairman Wilcox, Glenda Saul, herself and Allen Briggs met with Mr. Dominguez to discuss his proposal for a one year extension and to review the terms of the agreement. Sandy Lowder, Redevelopment Division Manager, referred to the provisions in the Third Amendment to the Agreement and explained proposed payments in lieu of development fees and the schedule for such payments. - 11 - 1/21/86 Allen Briggs, Agency Counsel, recommends an automatic termination clause be included in the proposed agreement. Member Marks made a motion, seconded by Member Estrada, to approve the concept of granting an extension to H. Frank Dominguez, dba Vanir Research Company, for the development of the property at the southeast corner of Court and "E" Streets, and direct Agency Counsel to prepare an amendment to the Disposition and Joint Development Agreement incorporating all of the terms recommended in the staff report, with the agreement to be set forth in full and complete detail, and to include a provision waiving any claim or objection to earlier payment of $25,000 "in lieu' fee previously objected to, to provide for execution and payment of the "in lieu of development fee" by a specific date before expiration of the present agreement, to provide that any interest earned on deposits or payments shall be the Agency's property, to include a provision that the agreement automatically terminates in one year (unless extended by agreement) without any need for notice or requirement for action by any party, to provide that any failure to produce the desired result will not constitute grounds for any extension or for any cause of action, that the duty of the performance is upon the Developer sad not the Agency, and that the concerns expressed earlier by the Executive Director shall also be addressed in any such proposed agreement; the agreement shall be brought back to the Commission for consideration at its February 3, 1986, meeting, with the committee earlier established being authorized to meet with Mr. Dominguez to work out any details. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: None. Abstain: - > Member Quiel. MEMBERS HERNANDE2. FRAZIEE AND STRICRLER LEFT THE COMMISSION TABLE. ADJOURNMENT At approximately 6:30 p.m., Member Quiel made a motion, seconded by Member Estrada, to adjourn the Community Development Commission meeting to February 3, 1986, City Hall Council Chambers, San Bernardino, California. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel. Noes: None. Absent: Members Hernandez, Frazier, Strickler. Glenda Saul> Secretary - 12 - 1/21/86 M I N U T E S COMMUNITY DEVELOPMENT COMMISSION/BEDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REGULAR MEETING FEBRUARY 3, 1986 11:00 a.m. The Community Development Commission/Redevelopment Agency meeting was called or order at approximately 11:20 a.m. by Chairman Wilcox. ROLL CALL Roll call was taken with the following being present: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. STAFF PRESENT Glenda Saul, Executive Director; Allen R. Briggs, Agency Counsel; Sandy Lowder, Manager, Redevelopment Division; Kenneth J. Henderson, Manager, Community Development Division; J. Lorraine Velarde, Administrative Services Coordinator; Sue Gonzales, Recording Secretary. MEMBER ESTRADA LEFT THE TABLE. (1) APPROVAL OF COMMISSION MINUTES Community Development Commission Member Strickler made a motion, seconded by Member Reilly, to approve the Community Development Commission minutes of December 16, 1986. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. Member Strickler made a motion, seconded by Member Reilly, to approve the Community Development Commission minutes of December 23, 1986. The motion carried by the Following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. MEMBER ESTRADA RETURNED TO THE TABLE. COMMITTEE MINUTES Community Development Commission Member Strickler reported that at the Redevelopment Committee several possibilities were discussed in order to handle the Community Development Commission meeting in a more professional manner. The Commission felt that due to the number of individuals waiting to be heard on the Agenda, they would begin promptly at 11:00 a.m. on the regularly scheduled meeting days. After any noon recess, they would then resume the Community Development Commission agenda immediately at 2:00 p.m, and finish their business before continuing regular City business. Member Reilly made a motion, seconded by Member Quiel, to begin the Community Development Commission/Redevelopment Agency agenda promptly at 11:00 a.m. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Member Hernandez. Member Quiel made a motion, seconded by Member Strickler, to receive and file the Redevelopment Committee minutes ofDecember 19, 1985, and January 14, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (3) AUTHORIZATION TO BORROW FUNDS Community Development Commission RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF FIXED RATE NOTE, SECURITY AGREEMENT, AND OTHER DOCUMENTS NECESSARY OR PROPER FOR BORROWING APPROXIMATELY $4.7 MILLION FROM FIRST INTERSTATE BANK OF CALIFORNIA. The City Clerk read the title o£ the resolution. Member Hernandez made a motion, seconded by Member Quiel, to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Glenda Saul, Executive Director, explained First Interstate Bank's terms for loaning $4.7 million to the Agency for costs associated with start-up and administration of new project areas. First Interstate has indicated that Certificates of Deposit will be purchased for the project area involved. First Interstate will hold the CD's in safe keeping as collateral for the loan and the Agency will pay the bank one percent (1%) over the investment rate. - 2 - 2/3/86 The Commission questioned the one percent surcharge and instructed staff to meet with the City Treasurer, Craig Graves, and investigate other banking facilities and their terms. Member Quiel made a motion, seconded by Member Reilly to continue this item to February 17, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. -- C.C. SAN BERNARDINO. INC.. (STATE Community Development Commission RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND AMENDMENT TO RESTATED AND COMBINED DISPOSITION AND JOINT DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AND C.C. SAN BERNARDINO, INC. (STATE COLLEGE PROJECT AREA). The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Reilly, to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Member Hernandez expressed concern regarding the language in the agreement wherein C.C. San Bernardino is not required to pay in lieu taxes. Member Marks indicated that this agreement may not be in the best interest of the community and that if we have an opportunity to change it, we should try. He suggested that staff meet with Campeau Corporation and explore the performance schedule, build out and in lieu possibilities which could prove to be beneficial to this project area. Allen Briggs, Agency Counsel, explained that this agreement was entered into in 1979 and at that time, Campeau Corporation agreed to put $4 million in public improvements into the project area without public assistance. Member Quiel made a motion, seconded by Member Frazier to continue this item to February 17, 1986, and to direct staff to explore possibilities of bringing in a firm performance schedule with respect to the in lieu taxes. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. - 3 - 2/3/86 MEMBER ESTRADA LEFT THE COMMISSION TABLE (5) SHANDIN HILLS GOLF CLUB LEASE AGREEMENT Community Development Commission RESOLUTION NUMBER 4845 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A THIRD AMENDMENT TO SHANDIN HILLS GOLF CLUB LEASE. The City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Hernandez, to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. MEMBER ESTRADA EETURNED TO THE COMMISSION TABLE The Commission asked Ron Solheim, Risk Management Division to give his opinion if the $1 million liability insurance was sufficient coverage. Mr. Solheim indicated that he felt the $1 million was enough, but when the Food and Beverage facility was constructed, the insurance coverage should be increased. Member Quiel made a motion, seconded by Member Reilly, that said resolution be adopted and amended by interlineation to provide that at such time as the food and beverage is ready to open, or at the end of one year, whichever is earlier, the insurance requirements shall revert to the present levels. If a further extension of lower limits is then requested, the matter shall come back to the Commission for consideration. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (6) LETTERS TO SENATORS CRANSTON AND WILSON REGARDING TAX EREI~T FINANCING AND LEGISLATION Mayor and Common Council Member Quiel made a motion, seconded by Member Strickler, to receive and file the letters sent to Senators Cranston and Wilson regarding tax exempt financing and legislation. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. - 4 - 2/3/86 (7) APPROVAL OF CHANGE ORDER N0. 6, CONTRACT FOR HVAC FOR NEW CENTRAL LIBRARY, PER PLAN N0. 6463, SAN-VAL ENGINEERING and Common Council Member Hernandez made a motion, seconded by Member Strickler, to approve Change Order No. 6 to the contract with San-Val Engineering, for the construction of HVAC for the new Central Library, in accordance with Plan No. 6463, and authorized installation of four (4) new sump motors on the precooler of Chiller No. 2, at net increase in contract price of $796.04, from $375,749.29 to $375,545.33. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (RS-) VANIR DEVELOPMENT - COURT AND "E" STREETS Community Development Commission Member Estrada indicated that Mr. Dominguez has requested to meet with the committee one more time prior to the deadline. Member Estrada made a motion, seconded by Member Hernandez to instruct staff not to take any further action on the completion of default prior to the deadline, and to continue this item to February 13, 1986, 1:00 p.m. Member Quiel indicated he would abstain from voting due to possible conflict of interest. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier. Noes: Member Strickler. Abstain: Member Quiel. Absent: None. ADDITIONAL INFORMATION Member Strickler asked staff for the status of the "For Sale" slgns which were to be placed on available Redevelopment property. Glenda Saul, Executive Director, indicated that the Rialto Avenue & "F" Street sites are the only applicable ones, and that we are waiting for the signs to be constructed at this time. A11.T(1TIRNMF.NT At approximately 12:00 noon, Member Quiel made a motion, seconded by Member Strickler to adjourn the Community Development Commission to February 5, 1986, 7:00 p.m., Orange Empire Room, National Orange Show, Saa Bernardino, California. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ~~ 'enda Saul, Secretary 385G - 5 - 2/3/86 COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO M I N U T E S SPECIAL MEETING FEBRUARY 13, 1986 The Community Development Commission/Redevelopment Agency meeting was called to order at approximately 5:50 p.m., by Chairman Wilcox. ROLL CALL Roll call was taken with the following being present: Chairman Wilcox, Members Esther Estrada, Jack Reilly, Ralph Hernandez, Steve Marks, Gordon Quiel, Jack Strickler, Ralph Prince, City Attorney, Shauna Clark, City Clerk; Absent: Member Dan Frazier. STAFF PRESENT Sandy Lowder, Manager, Redevelopment Division; J. Lorraine Velarde, Administrative Services Coordinator; Rosalie Morales, Recording Secretary. (1) VANIlt DEVELOPMENT-COURT AND "E" STREETS Prior to any discussion on this Item Member Quiel indicated he would be abstaining on this item due to a possible conflict of interest due to a contractual agreement with Vanir. Member Esther Estrada indicated that she had just concluded a telephone conversation with Mr. Frank Dominguez. Mr. Dominguez was in San Antonio, Texas and unable to be present. Member Estrada indicated that Mr. Dominguez could accept the Fourth Amendment to the Disposition and Joint Development Agreement between the Agency and Vanir Research Company if a couple of changes were made. Mr. Dominguez feels the time Frame in which to make the $100,000.00 in lieu of Development fee would present some difficulties For him. He asked that the first $50,000.00 be due and payable on March 1, 1986 instead o£ the date of execution o£ the Amendment to the Agreement. The second change requested involved the due date of the second payment. He requested that the agreement be changed to reflect a ,Tune 15, 1986 payment date. Various discussion ensued by the council relative to Mr. Dominguez' proposed changes. In the absence of the Agency Counsel Allen R. Briggs, Mr. Ralph Prince, City Attorney, was asked to comment as to the legalities of the changes. Considerable discussion was had with regards to the importance of the due dates as outlined by the agreement. 2/13/86 Member Estrada made a motion seconded by Member Marks to direct the modification of the Fourth Amendment to the Disposition and Joint Development Agreement between the Agency and Mr. Frank Dominguez, dba Vanir Research Company to reflect the date changes for payment of the "in lieu of Development Fee" of $50,000.00 due on March 3, 1986 and the second payment of $50,000.00 due on June 15, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks. Noes: Member Strickler. Abstain: Member Quiel. Absent: Member Frazier. Member Marks was concerned that previous discussion would confuse or could cause misunderstanding as to the Agency's position on this matter. Member Marks made a motion, seconded by Member Estrada that the deadline for exe cutlon of the Amendment to the Disposition and Joint Development Agreement by Mr. Dominguez has been and remains February 15, 1986 at 4:30 p.m. That if said document is not executed in timely fashion, the Board will proceed accordingly. Further, that the Board would only allow the date modifications if the Fourth Amendment to the Disposition and Joint Development Agreement were executed by Mr. Dominguez or his authorized representative by the February 15, 1986 4:30 p.m. deadline. Motion was carried by the following votes: Ayes: Members Estrada, Reilly, Hernandez, Marks, Noes: Member Strickler. Abstain: Member Quiel. Absent: Member Frazier. ~~~~~ Glenda Saul, Secretary 00968 2/13/86 2 DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO M T N li T F. S REGULAR MEETING February 17, 1986 The Community Development Commission/Redevelopment Agency meeting was called to order at 11:05 a.m. by Chairman Wilcox. ROLL CALL Roll call was taken with the following being present: Chairman Wilcox; Members Esther Estrada; Jack Reilly; Ralph Hernandez; Steve Marks; Dan Frazier; Jack Strickler; Al Briggs, Agency Counsel; Shauna Clark, City Clerk; Absent: None. STAFF PRESENT Glenda Saul, Executive Director; Ken Henderson, Manager, Community Development Divislon; Sandy Lowder, Manager, Redevelopment Division; Allen R. Briggs, Agency Counsel; Lorraine Velarde, Administrative Services Coordinator; Rosalie Morales, Transcribing Secretary. Chairman Wilcox stated that the Board had decided in the morning that they were going to begin Redevelopment Agency's Agenda with RS-1 Prevailing Wage. (RS-1) PREVAILING WAGE Mayor and Common Council Community Development Commission Member Marks began the discussion on this item by referring to the report submitted to the Board by the Deputy City Administrator. Mr. Marks took exception to the findings in that report and questioned the methodology used to compare San Bernardino with Los Angeles. Mr. Marks stated that the findings in this report only further substantiated hie belief of the need for the Commission to consider hiring or seek out specialists who can look at all the economics factors. Also, that any action taken by the Commission on this matter would have a ripple effect on families in this community. What effect doing away with this policy would have on the families themselves and the circulation o£ money, income, and revenue in the City? He further stated that this issue 1s complex and needs to be studied and cannot be done by looking at few salaries in the City of San Bernardino and the salaries in Los Angeles. Mr. Marks made reference to the fact that Mr. Schweitzer's report was deficient because the issue before the Commission had to do with prevailing wage rates as it pertains to construction and development. Mr. Schweitzer's report did not compare the appropriate traditional trades positions. He cited examples. Mr. Marks was also concerned that the San Bernardino Chamber of Commerce survey that was used by the Administrators office was not specific enough and did not provide the appropriate job for job evaluation. Chairman Wilcox inquired of Mr. Schweitzer if the Chamber had conducted the survey or was it just provided to us by the Chamber. He answered that it was information that the Saa Bernardino Chamber had received from chamber merchants and manufacturers association. Chairman Wilcox then recognized a citizen at the podium. Mr. Ray Van Der Nat addressed the Board. He expressed concern about City Staff's report and the manner of comparison and statistics used. He stated that the department of labor has just recently conducted a three month determination of the City and County of San Bernardino over October, November, and December. That they solicited and received numerous pieces of information from local contractors. This is presently being reviewed in San Francisco by the wage and hour division of the Department of Labor. Mr. Van Der Nat raised the issue of a Conflict of Interest insofar as Member Quiel's participation was concerned. Member Quiel responded that this issue did not present a conflict of interest for him. He then asked Agency Counsel, Mr. Briggs, to comment in the allegation. Mr. Briggs indicated he knew of no conflict of interest. After continued discussion on this point, Member Quiel brought to the attention of the Board that the Public Hearing on the issue had been closed and any and all public discussion at this point was improper. Member Marks made a motion to reopen the public hearing with a second from Member Hernandez. The motion was carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. Additional discussion occurred. Chairman Wilcox then recognized Mr. James E. Henehan and he was allowed to read into the record his letter of February 17, 1986 addressed to the Commission. He urged the Commission to be mindful of all ramifications resulting from this issue. 2/17/86 - 2 - Member Marks reiterated his previous statements. Member Estrada asked staff to clarify the policy relating to prevailing wages in public works projects. Ms. Saul asked Mr. Briggs to give the legal definition on "public works." He stated that the statute is very clear on the subject of public works projects and the city and Agency adhere to them at all times. At this point, in an effort to clear up any confusion the City Engineer, Mr. Roger Hardgrave was asked by Member Marks to comment on the City's policy and to give examples of exceptions to said policy. Mr. Hardgrave stated the City's policy was by Resolution Number 12846, which requires payment of prevailing wage as determined by the State Department of Labor. This policy is used for all public works projects with the exception of landscaping districts because at the time the first one was established a wage rate had not been set by the State. The City adopted a resolution giving themselves a special exception to use Federal minimum wages of $3.35. They since have established a rate of $4.00 an hour. This policy has been in effect by Resolution for 2 or 3 years. The two written proposals received by staff's wage study were presented by Ms. Saul. Member Marks commented that in his opinion the proposals as submitted were not the appropriate manner to proceed because this was more than just an accounting issue or a traditional management issue, it's one that involves policy and the effects on many areas of policy. Member Hernandez questioned the necessity for the wage study or the intended purpose. Member Marks indicated that the study is going to look at the question of the affect on family income, standard of living, the affect on development and the affect on Redevelopment Agency and City budgets. A motion was made by Member Marks, seconded by Member Quiel, to (1) close the public hearing (2) set in motion a direction that the Ageacy would support the proposal for the University to study the issue of prevailing wage rates in our community and that staff was directed to contact Dr. Evan of the university in San Bernardino to work out a proposed agreement for that study and bring back to the Board as soon as possible. The motion carried by the Following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. Abstain: None. Absent: None. At 12:20 p.m. Member Strickler made a motion, seconded by Member Quiel, to recess for lunch until 2:00 p.m. 2/17/86 - 3 - At 2:06 p.m., the Regular Meeting of the Mayor and Common Council reconvened. (2) REDEVELOPMENT COMMITTEE MINOTES Community Development Commission Member Strickler made a motion, seonded by Member Frazier, to receive and file the Committee Minutes of January 23, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. (3) APPROVAL OF CHANGE ORDER N0. ONE--CONSTRUCTION OF TWO RACQUETBALL COURTS AT BOY'S CLUB PER PLAN N0. 6684--SCC GENERAL CONTRACTOR Mayor and Common Council Member Marks made a motion, seconded by Member quiel, to refer the matter back to staff to negotiate the difference with the parties involved. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. DARMOR DDA - SC THIRD AMENDMENT Community Development Commission RESOLUTION NUMBER 4846 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECOTION OF A THIRD AMENDFffiNT TO DISPOSITION AND JOINT DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND DARMOR, A CALIFORNIA GENERAL PARTNERSHIP, AND APPROVING EXECUTION OF AGREEMENT WITH DARMOR AND THE TRUSTEES OF CALIFORNIA STATE UNIVERSITY. The City Clerk read the title of the resolution. Member quiel made a motion, seconded by Member Strickler unanimously carried to waive further reading of the resolution. Member Quiel made a motion, seconded by Member Strickler that said resolution be adopted. Resolution Number 4846 was adopted by the following votes: Ayes: Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: Member Hernandez. Absent: None. 2/17/86 - 4 - (5) DEFAULT/NON COMPLIANCE POLICY Community Development Commission RESOLUTION NUMBER 4847 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DIRECTING REDEVELOPMENT AGENCY STAFF TO ENFORCE ALL AGREEMENTS INVOLVING OR ADMINISTERED BY THE REDEVELOPMENT AGENCY, INCLUDING INSTITUTION OF DEFAULT ACTION. The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Reilly, to waive and adopt the resolution. Resolution Number 4847 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. (6) AUTHORIZATION TO BORROW FUNDS Community Development Commission RESOLUTION NUMBER 4848 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF FIXED RATE NOTE, SECURITY AGREEMENT, AND OTHER DOCUMENTS NECESSARY OR PROPER FOR BORROWING APPROXIMATELY $4.7 MILLION FROM FIRST INTERSTATE BANK OF CALIFORNIA. The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Strickler to waive and adopt the said resolution. Resolution Number 4848 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. (7) CERTIFICATE OF COMPLETION - C.C. SAN BERNARDINO, INC. (STATE COLLEGE) Community Development Commission RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND AMENDMENT TO RESTATED AND COMBINED DISPOSITION AND JOINT DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AND 0.C. SAN BERNARDINO, INC. (STATE COLLEGE PROJECT AREA). The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Reilly to waive only further reading of the resolution. 2/17/86 - 5 - The motion was carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. Member Quiel made a motion seconded by Member Reilly that said resolution be adopted. Member Hernandez questioned the assistance, if any, given to this developer. Member Hernandez specifically inquired about a $300,000. land right down. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. Abstain: None. Absent: None. Member Marks stated that the city had recouped all of its investment in public improvements in the industrial area. Ms. Saul concurred with that statement. Member Marks further stated that there is a proposal now before staff regarding a food processing plant that wants to come here but finds itself in a very competitive market with other property in other surrounding communities. They will only come forward if in fact they can get complete clear title without any encumbrances. Member Marks was concerned that the wording in the Resolution was too general. Mr. Briggs suggested to the Board that the motion be amended to authorize staff to issue a Certificate of Completion as to the food resource site only. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PARTIAL CERTIFICATE OF COMPLETION AS TO RESTATED AND COMBINED DISPOSITION AND JOINT DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AND C.C. SAN BERNARDINO, INC., STATE COLLEGE PROJECT AREA, TO COVER FOOD RESOURCES, INC. PARCEL ONLY. Member Quiel made a motion, seconded by Member Marks, to amend the Resolution as to the food resources project only. Resolution Number 4849 was adopted by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. Abstain: None. ABsent: None. (8) CERTIFICATE OF ACCEPTANCE Community Development Commission RESOLUTION NUMBER 4850 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING SECRETARY TO ACCEPT CONVEYANCE FROM CULLIGAN INTERNATIONAL COMPANY AND CULLIGAN AREA. 2/17/86 - 6 - The City Clerk read the title of the resolution. Member Strickler made a motlon, seconded by Member Quiel, to waive further reading and adopt the said resolution. Resolution Number 4850 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. (10) DELETED (11) MILL CENTER IMPROVEMENTS Mayor and Common Council RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE REIMBURSEMENT TO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR EXPENSES INCURRED FOR CORRECTIVE WORK AT MILL CENTER NOT TO EXCEED $2,000.00. The City Clerk read the title of the resolution. Member Marks made the motion, seconded by Member Hernandez to authorize the work and to direct the staff to meet with the principals involved attempt to work out equitable agreement and bring back to our consideration as soon as possible. The motion was carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. (12) NUNEZ PARK IMPROVEMENTS Mayor and Common Council RESOLUTION NUMBER 86-55 OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE REIMBURSEMENT TO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT OF FUNDS NOT TO EXCEED $14,812 IN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR DRAINAGE IMPROVEMENTS AND TRASH ENCLOSURES AT NUNEZ PARK. The City Clerk read the title of the resolution. Member Quiel made the motion, seconded by Member Strickler to waive and adopt the said resolution. Resolution Number 86-55 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. 2/17/86 - 7 - (13) CDBG LOAN TO ECONOMIC DEVELOPMENT COUNCIL FOR LOAN TO PROGRESSIVE MORTGAGE. INC. Mayor and Common Council MOVE TO ADOPT RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING GRANT OF $27,314. IN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL. The City Clerk read the recommendation. Member Frazier made the motion, seconded by Member Quiel to waive only further reading of the resolution. The motion carried by the £ollowing vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain. None. Absent: None. Member Frazier made the motion, seconded by Member Estrada that said resolution be adopted. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. Member Marks made a substitute motion, seconded by Member Frazier endorsing the proposal of Progressive Mortgage development proposals and requesting the Economic Development Council to fund the loan out of its reserves and funds. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. (14) DELETED (15) DELETED (16) HEELER OWNER PARTICIPATION AGREEMENT Community Development Commission RESOLUTION NUMBER 4851 OF THE COMMUNITY DEVELOPMENT COMMISSION AUTHORIZING AND DIRECTING THE EXECUTION OF A PROPERTY OWNER'S PARTICIPATION AGREEMENT WITH LIONEL S. HEELER - SOUTH VALLE PROJECT AREA. The City Clerk read the title of the resolution. Member Marks made the motion, seconded by Member Quiel, to waive and adopt the said resolution. 2/17/86 - 8 - Resolution Number 4851 was adopted by the following vote: Ayea: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. CONSIDER and Common Council The City Clerk read the title of the resolution. Member Frazier made the motion seconded by Member Marks to continue item to March 3, 1986 regular agenda meeting. The motion carried by the following votes: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. (18) WEST SIDE COMMUNITY DEVELOPMENT CORPORATION CDBG LOAN OF $112,000 (OFFICE BUILDING Mayor and Common Council That West Side Community Development Corporation be declared in default of their Community Block Grant Loan of $112,000. The recommendation was read by the City Clerk. The motion was made to revise the payment structure. The motion carried by the following vote: Ayea: Members Estrada, Reilly, Hernandez, Marks, Frazier. Noes: Members Quiel, Strickler. Abstain: None. Absent: None. (19) AMENDMENT OF RESOLUTION II4420-CONFLICT OF INTEREST CODE Community Development Commission RESOLUTION NUMBER 4852 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO 4420 ENTITLED IN PART "RESOLUTION ... ADOPTING A CONFLICT OF INTEREST CODE...", BY AMENDING APPENDIX A TO ADD, DELETE CHANGE THE TITLES OF VARIOUS POSITIONS WITHIN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO WHICH MUST FILE CONFLICT OF INTEREST STATEMENTS. The City Clerk read the title of the resolution. 2/17/86 - 9 - The motion was made by Member Quiel, seconded by Member Marks to waive and adopt said resolution. Resolution Number 4852 was carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. (20) ARCHITECTURAL SERVICES FOR CASA RAMONA, INC., SENIOR CITIZENS PROJECT Mayor and Common Council THAT $2,400 OF THE $25,000 PREVIOUSLY APPROVED FOR ARCHLTECTURAL AND ENGINEERING SERVICES FOR THE CASA RAMONA, INC. DENTAL CLINIC BE REAPPROPRIATED TO FINANCE THE COST OF RENDERINGS FOR THE CASA RAMONA SENIOR CITIZENS HOUSING PROJECT. SAID RENDERINGS TO BE DEVELOPED IN ORDER TO DETERMINE PHYSICAL COMPATIBILITY WITH EXISTING AND PROPOSED CASA RAMONA PROJECTS. The City Clerk read the recommendation. Member Estrada stated she would abstain due to a possible conflict of interest. Member Marks made the motion, seconded by Member Quiel that said resolution be approved. The motion carried by the following: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: Member Estrada. Absent: None. (RS-2) CENTRAL CITY MALL ENCROACHMENT INTO MALL AREA Community Development Commission RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO, AND CENTRAL CITY COMPANY STORES RECIPROCAL EASEMENT AGREEMENT. SAID ENCROACHMENT SHALL NOT EXCEED 32" FROM LICENSEE'S PROPERTY LINES IN ANY INSTANCE, AND SHALL BE ALLOWED ON BOTH THE FIRST AND SECOND LEVELS OF THE CENTRAL CITY MALL (CENTRAL CITY N0. 1 PROJECT AREA). The City Clerk read the title of the resolution. Member Strickler made a motion, seconded by Member Estrada to waiver further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. 2/17/86 - 10 - Member Marks made a motion, seconded by Member Strickler, to continue this item. Continued for amendments to be made in compliance with Ways and Means Committee. The motion was carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. (RS-3) VANIR - FOURTH AMENDMENT - COURT AND "E" STREETS Community Development Commission RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FOURTH AMENDMENT TO DISPOSITION AND JOINT DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND H. FRANK DOMINGUEZ, DBA VANIR RESEARCH COMPANY (COURT AND "E" STREETS, MEADOWBROOK/CENTRAL CITY PROJECT AREA). The City Clerk read the title of the resolution. Member Quiel abstained due to a possible conflict of interest. Member Quiel has a contractual agreement. The Chairman asked if the Pro Forma had been received by staff. Ms. Saul indicated that it had just prior to meeting been handed to her. She had only glanced through it. She did feel that it looked to contain enough pertinent data to make the appropriate determination. Member Hernandez made a motion, seconded by Member Estrada, to continue this item to February 18, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Noes: Member Strickler. Abstain: None. Absent: None. Member Quiel did not vote. Meeting adjourned at 4:55 p.m. Glenda Saul, Secretary 0114R 2/17/86 - 11 - COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO M I N U T E S RECESSED ADJOURNED MEETING February 18, 1986 The Community Development Commission/Redevelopment Agency meeting was called to order at 3:20 p.m. by Chairman Wilcox. ROLL CALL Roll call was taken with the following being present: Chairman Wilcox; Members Esther Estrada, Jack Reilly, Steve Marko, Dan Frazier, Jack Strickler, Shauna Clark, City Clerk; Absent: Members Ralph Hernandez, Gordon Quiel STAFF PRESENT Glenda Saul, Executive Director, Sandy Lowder, Manager, Redevelopment Division; Allen R. Briggs, Agency Counsel; Lorraine Velarde, Administrative Services Coordinator; Rosalie Morales, Recording Secretary. RS-2 CENTRAL CITY MALL ENCROACHMENT INTO MALL AREA Shauna Clark, City Clerk, informed the council that there should be a City resolution accompanying the Community Development resolution. Allen R. Briggs, Agency Counsel, informed council that the City resolution was attached to the previous package and had been read. Community Development Commission RESOLUTION NUMBER 4853 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMINT BETWEEN THE RIDEVELOPI4ENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO, AND CENTRAL CITY COMPANY STORES ON THE AGENCY MALL PARCEL AS SHOWN ON EXHIBIT "A" OF THE RECIPROCAL EASEMINT AGREEMINT. SAID ENCROACHMENT SHALL NOT EXCEED 32" FROM LICENSEE'S PROPERTY LINES IN ANY INSTANCE, AND SHALL BE ALLOWED ON BOTH THE FIRST AND SECOND LEVELS OF CINTRAL CITY MALL (CENTRAL CITY N0. 1 PROJECT AREA). Mayor and Common Council RESOLUTION NUMBER 86-59 OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE RIDEVELOPMINT AGENCY OF THE CITY OF SAN BERNARDINO AND CENTRAL CITY COMPANY AUTHORIZING AN ENCROACHMENT PERMIT FOR THE CONSTRUCTION OF TENANT STORES ON THE AGENCY MALL PARCEL AS SHOWN ON EXHIBIT "A" OF THE RECIPROCAL EASEMINT AGREEMENT. SAID ENCROACHMENT SHALL NOT EXCEED 32" FROM LICENSEE'S PROPERTY LINES IN ANY INSTANCE, AND SHALL BE ALLOWED ON BOTH THE FIRST AND SECOND LEVELS OF CENTRAL CITY MALL. 2/1R/86 The City Clerk read the title of the resolution. Member Strickler made a motion, seconded by Member Estrada, to waive further reading and adopt the resolution. Chairman Wilcox asked Allen Briggs, Agency Counsel whether the language which had been discussed the previous council meeting was put into the agreement. Mr. Briggs informed chairman Wilcox that very extensive language with commitment by Central City Company to continue their present level of support for public areas was in the agreement. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Strickler. Noes: None. Absent: Members Hernandez, Quiel. RS-3 VANIE - FOURTH AMENDMENT - COURT AND "E" STREET Chairman Wilcox asked Glenda Saul, Executive Director of the Redevelopment Agency as to whether she had the proforma in hand. Ms. Saul informed the Board that she had just received the proforma and had not had the opportunity to review it. However, she had glanced through the proforma and felt that there was sufficient information there to make some determinations. Community Development Commission RESOLUTION NUMBER 4854 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FOURTH AMENDMENT TO DISPOSITION AND JOINT DEVELOPMENT AGREEMENT BETWEEN THE RIDEVELOPMINT AGENCY OF THE CITY OF SAN BERNARDINO AND H. FRANK DOMINGUE Z, DBA VANIR RESEARCH COMPANY (COURT AND "E" STREETS, MEADOWBROOK/CENTRAL CITY PROJECT AREA). The City Clerk read the title of the Resolution. Member Estrada made a motion, seconded by Member Marks to waive further reading and adopt the Resolution. The motion carried by the following vote: Ayes: Members Estrada; Reilly; Marks; Frazier. Noes: Member Strickler. Absent: Members Hernandez; Quiel. Meeting adjourned at 3:30 p.m. 9 a Glenda Saul, Secretary 0102R 2/18/86 2 COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO N I N U T E S ADJOURNED REGiILAR MEETING March 3, 1986 The Community Development Commission/Redevelopment Agency meeting was called to order at 11:06 a.m., by Chairman Wilcox. ROLL CALL Roll call was taken with the following being present: Chairman Wilcox, Members Esther Estrada; Jack Reilly; Ralph Hernandez; Steve Marks; Gordon Quiel; Dan Frazier; Jack Strickler; Shauna Clark, City Clerk. STAFF Glenda Saul, Executive Director; Kenneth J. Henderson, Manager, Community Development Division; Sandy Lowder, Manager, Redevelopment Division; Allen R. Briggs, Agency Counsel; Timothy J. Sabo, Agency Bond Counsel; Lorraine Velarde, Administrative Services Coordinator; Leslie A. Orr, Transcribing Secretary. (1) APPROVAL OF COMMISSION MINUTES (A) AND (B) Community Development Commission Member Marks made a motion, seconded by Member Quiel, that the minutes of February 13, 1986 be approved as submitted. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Member Quiel informed the Mayor and Common Council that he would abstain from voting on the minutes of February 18, 1956, as he did not attend that meeting. Member Marks made a motion, seconded by Member Reilly, that the minutes of February 18, 1986, be approved as submitted. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: None. Abstain: Member Quiel. (2) REDEVELOPMENT COMMITTEE MINUTES Community Development Commission Member Quiel made a motion, seconded by Member Strickler, to receive and file the Redevelopment Committee minutes of February 6, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (3) EMPLOYMENT LINKAGE PROGRAM EXTENSION Community Development Commission Member Hernandez asked Allen R. Briggs, Agency Counsel, if a legal opinion had been rendered regarding a possible conflict of interest relative to a city employee receiving a loan from the Economic Development Council. Allen R. Briggs, Agency Counsel, responded that all research pertaining to this request had been completed and a decision has been rendered that no conflict of interest or prohibited contractual interest exists relative to the EDC loan to Ms. Arciniega. However, due to the length of time involved in completing the research and the time required to prepare a formal opinion, said opinion had not been finalized. Member Quiel made a motion, seconded by Member Marks, to continue the Employment Linkage Program for an additional year with an increase in funding of $100,000. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (4) TAr.7.Mex BUILDING - SEWER RIGHTS Community Development Division RESOLUTION NUMBER 4855 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO CONTRACT FOR SALE OF LAND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ERVEN TALLMAN, ET. AL., TO AUTHORIZE GRANTING OF SEWER CAPACITY RIGHTS. The City Clerk read the title of the resolution. Member Strickler made a motion, seconded by Member Estrada, to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Member Marks requested Glenda Saul, Executive Director, to brief the Commission on reasons as to why the participation of the $21,500 sewer capacity fee by the Redevelopment Agency is necessary. 3/3/86 -Z- Ms. Saul replied that the Mr. Erven Tallman, et. al., bought the property located at Second and "D" Streets from the Agency in March of 1972. At that time, they intended to develop the property. However, the Agency imposed a restriction to the agreement that the property could not be developed (with the exception of parking facilities) until the hotel (Ramada) site and the southeast corner of Court and "E" Street parcel were developed. Ms. Saul further stated that since that time, the restriction has been rescinded. However, Mr. Tallman has indicated to the Agency that he foresees negative cash flow problems as far into the future as 1989. He also stated that when the property was purchased, two (2) sewer openings existed and that additional sewer capacity rights were not required. Ma. Saul pointed out to the Council that had the Agency not placed the above mentioned restriction that prevented Mr. Tallman from building, the additional expense of the $21,500 for 16.02 EDU's would not exist. Mr. Tallman requested said waiver from the Board of Water Commissioners on January 6, 1986, but was denied. Based on these factors, Ms. Saul stated she felt that there was some basis for Mr. Tallman's request for the Agency to provide and pay for the sewer capacity rights. Member Marks further inquired as to why the Board of Water Commissioners denied the request for the waiver. Ms. Saul replied that Mr. Tallman indicated that the sewer line was there prior to the action taken to post the fee, but the Board of Water Commissioners felt that it was not grandfathered, could not grant the waiver. MEMBER QUIEL LEFT THE COUNCIL TABLE. Further discussion ensued between Council and Glenda Saul relative to the above issue. Member Strickler made a motion, seconded by Member Estrada, that said resolution be adopted. Resolution Number 4855 was adopted by the following vote: Ayes: Members Estrada, Reilly, Marks, Frazier, Strickler. Noes: Hernandez. Absent: Member Quiel. (5) ESTABLISHLNG OF EMPLOYMENT LINKAGE PROGRAM FOR COMMUNITY FINANCIAL SERVICES Community Development Commission RESOLUTION NUMBER 4856 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND COMMUNITY FINANCIAL SERVICES REGARDING THE ESTABLISHMENT OF AN EMPLOYMENT LINKAGE PROGRAM. 3/3/86 -3- The City Clerk read the title of the resolution. MEMBER MARKS LEFT THE COUNCIL TABLE. Member Frazier made a motion, seconded by Member Estrada, to waive further reading of the resolution. The motlon carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Members Marks and Quiel. Member Hernandez expressed concerns regarding voting on this item in the absence of a written legal opinion. Allen R. Briggs, Agency Counsel, stated that the legal opinion is completed, but to date, has not been finalized in written form. Member Estrada made a motion, seconded by Member Frazier, that said resolution be adopted. Resolution Number 4856 was adopted by the following vote: Ayes: Members Estrada, Reilly, Frazier, Strickler. Noes: Hernandez. Absent: Members Marks and Quiel. 6) AUTHORIZE EXECUTION OF FOURTH AMENDMENT TO DDA - DEGROOT Community Development Commission RESOLUTION NUMBER 4857 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF FOURTH AMENDMENT TO DISPOSITION AND JOINT DEVELOPMENT AGREEMENT. The City Clerk read the title of the resolution. Member Strickler made a motion, seconded by Member Estrada, to waive further reading of the resolution and that said resolution be adopted. Resolution Number 4857 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Members Marks and Quiel. (7) CENTRAL CITY SOUTH STDDY ABEA Community Development Comvieaion/Mayor and Co®on Council Glenda Saul, Executive Director, requested that this item be continued to 2:00 p.m., due to the fact that an item on the Supplemental Agenda (RS-Z) contained additional information relative to this issue and said items should be heard in conjunction. Member Strickler made a motion, seconded by Member Estxada, to continue this item to 2:00 p.m. 3/3/86 -4- The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Members Marks and Quiel. MEMBER MARKS RETURNED TO THE COUNCIL TABLE. (8) AWARD OP DEMOLITION CONTRACT - CENTRAL CITY NORTN Community Development Commission RESOLUTION NUMBER 4860 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SECRETARY OF THE REDEVELOPMENT AGENCY TO ENTER INTO CONTRACT WITH WARREN DUNCAN FOR DEMOLITION AND SITE CLEARANCE OF CERTAIN STRUCTURES, PROJECT N0. CCN-9. The City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Estrada, to waive further reading of the resolution and that said resolution adopted. Resolution Number 4860 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. (9) PREVAILING WAGE Community Development Commission Member Frazier made a motion, seconded by Member Marks, to continue this item to March 17, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. MEMBER QUIEL RETURNED TO THE COUNCIL TABLE. (10) INDUCEMENT RESOLUTION - VLACH APARTMENT PROJECT Mayor and Common Council RESOLUTION NUMBER 86-62 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS MULTIFAMILY MORTGAGE REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH (NEAGH APARTMENT PROJECT). The City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Reilly, to waive further reading of the resolution. 3/3/86 -5- The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None Member Quiel made a motion, seconded by Member Frazier, that said resolution be adopted. Resolution Number 86-62 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: Member Marks. Absent: None. (11) TEFRA PUBLIC HEARING - DEL ROSA GARDENS PROJECT and Common Council Member Quiel made a motion, seconded by Member Reilly, to continue the public hearing to April 21, 1956. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (12) APPROVING A CERTAIN AMENDMENT N0. ONE TO BOND DOCUMENTS - CASTLEPARR APARTMENT PROJECT Mayor and Common Council Thia item heard as RS-7 on the Supplemental Agenda. (13) INDUCEMENT RESOLUTION - WESTERN COMMUNITIES ASSOCL9TES PROJECT Mayor and Common Council Member Marks made a motion, seconded by Member Quiel, to continue this item to May 5, 1956. The motion carried by the following vote: Ayea: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (14) CONTRACT FOR SPECIAL COUNSEL SERVICES - SABO S GONDEK Community Development Commission RESOLUTION NUMBER 4861 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH SABO AND GONDEK FOR LEGAL SERVICES FOR THE UPTOWN PROJECT AREA. The City Clerk read the title of the resolution. 3/3/86 -6- Member Marks made a motion, seconded by Member Reilly, to waive further reading of the resolution and that said resolution be adopted. Resolution Number 4861 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (15) ECONOMIC DEVELOPMENT ADMINISTRATION GRANT FOR TECHNICAL ASSISTANCE - ENTERPRISE ZONE Community Development Commission Member Frazier made a motion, seconded by Member Marks, instructing staff to prepare and forward a proposal to the Economic Development Administration for a grant to technical assistance in connection with the Enterprise Zone. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None (16) RENTAL REHABILITATION PROGRAM (RRP) Mayor and Common Council 1986. Member Hernandez made a motion that this item be continued to March 17, The motion died on the floor due to lack of second. Ms. Valerie Pope Ludlam, President of West Side CDC, came before the Mayor and Common Council to state her reasons as to why the agreement should remain intact. Ms. Ludlam felt that the problems began with the eight (8) move-ons and that West Side CDC was being forced to take the blame for the failure of this project. It is the opinion of Ms. Ludlam that West Side CDC is not responsible for this failure. Prior to that project, Ms. Ludlam stated that she had not been aware of any other problems with the administration of the Rental Rehabilitation Program or with the Redevelopment Agency. Council asked Mr. Ken Henderson, Manager, Community Development Division, why the administration of the program had been transferred to West Side CDC initially, and why the Agency wanted to terminate the agreement at this point in time. Mr. Ken Henderson summarized the Agency's reasons for transferring administration of the RRP as follows: 3/3/86 -7- a) The statutory prohibition against recovering administrative costs from the grant or from program income. Local agencies were expected to support the RRP's administrative costa from the Community Development Block Grant (CDBG). b) West Side CDC's successful endeavor to acquire foundation funding to administer the Rental Rehabilitation Program. c) West Side CDC's experience in rehabilitating single and multifamily structures throughout the city. Mr. Henderson further explained during the first several months of the program, West Side CDC staff accomplished the initial goals of the program. However, a number of administrative matters came to the attention of Agency staff relative to the processing of RRP loan requests. These concerns were evidenced by incomplete loan packages submitted for consideration by the RRP Loan Review Committee, basic arithmetic errors on the evaluation forma used by West Side CDC staff, etc. Mr. Henderson stated that in view of the above noted concerns as well as others, the Redevelopment Committee recommended termination of the administrative agreement with West Side CDC for the following reasons: a) Administrative and management concerns that call into question the ultimate use of program funds and potentially exposes the city general fund if possible audit exceptions remained unresolved. b) Lack of additional funding to provide for administrative expenses for West Side CDC's continued operation of the Rental Rehabilitation Program. c) Agency staff has expended an extraordinary amount o£ time in attempting to resolve various problems, especially in light of the fact West Side CDC is responsible for virtually all of the administrative functions associated with the program. d) The reduction in overall productivity from October 1985, to January 1986. e) The fact that the Reagan Administration has requested that third year funding for the RRP be rescinded. Further discussion ensued between the Council, Mrs. Ludlam, and Ken Henderson relative to the above. Member Strickler made a motion, seconded by Member Quiel, that the administration agreement for the Rental Rehabilitation Program with West Side Community Development Corporation be terminated. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. Absent: None. 3/3/86 -8- RECESS At approximately 12:15 p.m., Chairman Wilcox recessed the meeting of the Community Development Commission/Redevelopment Agency to 2:00 p.m. CALL TO ORDER The Community Development Commission/Redevelopment Agency meeting was called to order at 2:10 p.m., by Chairman Wilcox. ROLL CALL Roll call was taken with the following being present: Chairman Wilcox, Members Esther Estrada; Jack Reilly; Ralph Hernandez; Steve Marks; Gordon Quiel; Dan Frazier; Jack Strickler; Shauna Clark, City Clerk. STAPF Glenda Saul, Executive Director; Kenneth J. Henderson, Manager, Community Development Division; Sandy Lowder, Manager, Redevelopment Division; Allen R. Briggs, Agency Counsel; Timothy J. Sabo, Agency Bond Counsel; Lorraine Velarde, Administrative Services Coordinator; Leslie A. Orr, Transcribing Secretary. (RS-1) VANIlt DEVELOPMENT - COURT AND "E" STREETS Community Development Commission Member Quiel announced that he would abstained from voting on this item due to possible conflict of interest based on a contractual agreement with Vanir Development. Glenda Saul, Executive Director, reiterated for the Mayor and Council prior actions taken regarding this item. Ms. Saul explained that a Fourth Amendment to the DDA with Mr. Frank Dominguez was approved on February 13, 1986 provided that the agreement was signed by 4:30 p.m., on February 15, 1986 and was accompanied by a pro forma. Due to the fact that Mr. Dominguez was out of town, he authorized Ma. Dorene Dominguez to sign the agreement for his company. Said agreement was brought to the Agency at approximately 4:20 p.m., on February 14, 1986. The pro forma was delivered the following week. Ms. Saul informed the Council that the liquidated damages provision was not signed. Questions were raised by the Council as to the appropriateness of Ms. Dorene Dominguez signing the agreement on behalf of Mr. Dominguez. Discussion ensued between Council, Glenda Saul, Executive Director, and Allen R. Briggs, Agency Counsel. 3/3/86 -9- At this point in time, Chairman Wilcox read into the record a letter dated March 3, 1986 from Mr. Frank Dominguez, Vanir Development, to Councilwoman Estrada acknowledging that he was unable to perform the agreement on the terms specified and as a result is requesting an extension. After further discussion between Council, Glenda Saul, and Allen R. Briggs, the following motions were passed. Member Marks made a motion, seconded by Member Reilly, to receive and file information provided by Agency staff. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: None. Abstain: Member Quiel. Member Marks made a motion, seconded by Member Strickler, that the request of Vanir Research Company as set forth in a letter dated March 3, 1986, for an extension of time for depositing funds pursuant to a proposed Fourth Amendment to Disposition and Joint Development Agreement, be respectfully denied; that, pursuant to Mr. Dominguez's acknowledgement in that letter that he is unable to accept the terms specified for such Fourth Amendment, the offer to enter into a Fourth Amendment is hereby deemed rejected; and that the Executive Director, in consultation with Agency Counsel, shall take such action as they deem necessary to clear the record title to the property involved. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: None. Abstain: Member Quiel. (RS-2) CENTRAL CITY SOUTH STUDY AREA (Item #7 heard is con unction with RS-2 Mr. Steve Lilburn, URS Corporation, provided an update concerning the study of land uses and traffic circulation being conducted in the area north of Inland Center Drive, south of Second, east of Interstate 215 and west of "E" Street. The study basically proposes a commercially oriented area, with particular emphasis on "G" Street. This should serve to substantially lighten traffic on "E" Street and provide a direct connection between the Central City Mall and the Inland Center Mall. It is hoped eventually, Mr. Lilburn stated, that "F" Street could be extended across the existing flood control channel and end at or near as interchange with I-215. The study is proceeding and will probably take 30 to 60 additional days, at which time a specific plan will be proposed for consideration. In response to an inquiry from Member Marks, Mr. Lilburn stated that the committee had determined that open air storage of pipes would be incompatible with the proposed land uses and ensuing development. 3/3/86 -10- Discussion ensued concerning the possibility of exempting the Wixen Pipe and Supply's parcel of property along Columbia Street, west of "G" Street, from the proposed moratorium, in order for them to continue their plans for construction of a new facility and storage yard at that location, and compatibility of this business with the plans of the study team. Mr. Tom Jacobson, attorney representing Wixen Pipe and Supply, briefed the Council as to ways in which the facility and storage yard could be made compatible with the surrounding area, and the advantages of the property along Columbia street to Wixen Pipe and Supply. Ms. Glenda Saul, Executive Director, answered questions concerning progress of the study team in making a determination of specific land uses for the designated areas. Discussion was held concerning another landowner, Simi Partnership, and how a moratorium on building would affect their plans. Mr. Roy Kroll, Central City Business Park, commented regarding the possible effect that Wixen Pipe and Supply outdoor storage yard might have on his proposed plans for construction in the designated area. Mr. Sam Catalano, General Manager, Central City Company, gave his comments relative to land use in the area currently under study. Mr. Tom Jacobson, attorney representing Wixen Pipe and Supply, answered questions pertaining to a timeframe for submitting construction plans to the City. Member Reilly made a motion, seconded by Member Hernandez, to proceed with the Moratorium in the study area bounded by "E" Street on the east, Rialto Avenue on the north, I-215 Freeway oa the west, and Mill Street on the South, and direct Redevelopment Agency staff to meet with representatives o£ Wixen Pipe and Supply Company, Inc., within thirty (30) days in an attempt to resolve the relocation problem satisfactorily, and to grant exemption from the Moratorium to Simi Partnership development located in the vicinity o£ Mill Street and "G" Street. (No vote taken at this time). Ms. Glenda Saul, Executive Director, explained the reason for the proposed moratorium on building. Member Quiel made a substitute motion, seconded by Member Frazier, that the proposed project planned by Wixen Pipe and Supply, lying southerly of Columbia Street between "G" Street and the I-215 Freeway, and situated on portions of lots 4, 5, 13 and 14, Block 12, Rancho San Bernardino, and on a portion of Tract 1765, Map Book 27 at Page 65, be determined to be exempt from the building and development moratorium established for the Central City South Study area; and, that the proposed project already underway, sponsored by Simi Partnership at Mill Street and "G" Street, with the revisions necessitated by the realignment o£ "G" Street, be exempted from the moratorium established for the Central City South Study area. 3/3/86 -11- Discussion ensued relative to the effect the restrictions of a moratorlum might cause. Member Frazier withdrew his second to the motion. Member Marks seconded the motion with the understanding that Wixen Pipe and Supply would give the Mayor and Common Council a letter stating that they will refrain from filing for any building permits relative to the area for sixty (60) days. The motion failed by the following vote: Ayes: Members Marks and Quiel. Noes: Members Estrada, Reilly, Hernandez, Frazier, Strickler. Absent: None. The original motion made by Member Reilly, seconded by Member Hernandez, was restated and put to a vote. Motion to proceed with the Moratorium is the study area bounded by "E" Street oa the east, Rialto Avenue on the north, I-215 Freeway on the west, and Mill Street on the South, and direct Redevelopment Agency staff to meet with representatives of Wixen Pipe and Supply Company, Inc., within thirty (30) days in an attempt to resolve the relocation problem satisfactorily, and to grant exemption from the Moratorium to Simi Partnership development located in the vicinity of Mill Street and "G" Street. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Frazier. Noes: Members Marks and Strickler. Absent: None. Mayor and Common Council Member Quiel made a motion, seconded by Member Estrada, directing the City Clerk and City Engineer to proceed with the vacation of the "F" Street right of way from Mill Street north to a point within the vicinity of Columbia. The motion carrled by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Member Quiel made a motion, seconded by Member Marks, approving traffic circulation pattern proposed and recommended by the Central City South Study Team, including the realignment of "G" Street, north of Mill Street and the extension of "F" Street from Rialto Avenue to Mill Street; and further directing the study team and URS Consultants to pursue recommendations for a specific plan for that area from Second Street to Inland Center Drive and "E" Street to I-215, in principal. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abaeat: None. 3/3/86 -12- Community Development Commission Member Marks made a motion, seconded by Member Estrada, authorizing the Redevelopment Agency to negotiate for the lease of acquisition of vacant parcel of property lying south of Wiesen Pipe and Supply, from Stockwell and Binney, for temporary use by Wiesen, until such time as Wiesen is able to relocate their business. Said action is contingent upon Wiesen obtaining an extension of their current lease of 348 South "E' Street. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Community Development Commission (7B) RESOLUTION NUMBER 4858 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING REDEVELOPMENT AGENCY STAFF TO SEEK TO ACQUIRE BY NEGOTIATED PURCHASE THAT REAL PROPERTY REQUIRED FOR REALIGNMENT OF "F" STREET AND "G" STREET IN CENTRAL CITY SOUTH PROJECT AREA, AND AUTHORIZING APPRAISAL THEREOF. The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Estrada, to waive further reading of the resolution and that said resolution be adopted with such changes by deletion and interlineation as are necessary to assure that the Agency can proceed, but any actual purchase will require Commission approval. Resolution Number 4858 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Community Development Commission (7C) RESOLUTION NUMBER 4859 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING REDEVELOPMENT AGENCY STAFF TO INITIATE MEASURES TO ACQUIRE, BY NEGOTIATION OR OTHERWISE, THAT PARCEL OF LAND SITUATED AT THE SOUTHWEST CORNER OF "E" STREET AND RL9LT0 AVENUE IN THE CENTRAL CITY SOUTH PROJECT AREA. Member Quiel made a motion, seconded by Member Estrada, to waive further reading of the resolution, and that said resolution be adopted with such changes by deletion and interlineation as are necessary to assure that the Agency can proceed, but any actual purchase will require Commission approval. Resolution Number 4859 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. 3/3/86 -13- and Common Council (7D) Member Quiel made a motion, seconded by Member Hernandez, that the City Engineer be directed to study the feasibility of an assessment district for the study area bounded on the east by "E" Street, on the north by Second Street, on the west by the I-215 freeway, and on the south by Inland Center Drive, and directing the City Engineer to consult with the City's Assessment District Committee concerning such feasibility, and to report back to the Mayor and Common Council with a recommendation. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Mayor and Common Council (7E) Member Estrada made a motion, seconded by Member Reilly, directing the City Engineer to study the feasibility of the establishment of an underground utility district for the area located between Second Street and Inland Center Drive, and "E" Street to the I-215 Freeway, and to report back to the Mayor and Common Council before any action is taken. and Common Council FINAL READING. ORDINANCE MC-501 OF THE CITY OF SAN BERNARDINO IMPOSING A 120 DAY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS AND PLANNING APPROVALS WITHIN THE AREA BOUNDED BY "E" STREET, RIALTO AVENUE, I-215 FREEWAY AND MILL STREET, AND PROVIDING FOR EXEMPTIONS UPON APPROVAL OF THE MAYOR AND COMMON COUNCIL, AND DECLARING THE URGENCY THEREOF. The City Clerk read the title of the Ordinance. Member Estrada made a motion, seconded by Member Hernandez, to waive further reading of the Ordinance. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Member Estrada made a motion, seconded by Member Reilly, that said Ordinance be adopted as an urgency measure. Ordinance MC-501 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Frazier. Noes: Members Marks and Strickler. Absent: None. (RS-3) APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS - UPGRADE LIGHTING FOR RICHARDSON JR. HIGH SCHOOL BALLFIELD, PER PLAN N0. 6892 3/3/86 -14- Mayor and Common Council Member Frazier made a motion, seconded by Member Marko, that the plans for upgrading the lighting for the Richardson Jr. High School ballfield, in accordance with Plan No. 6892, be approved; and that the Director or Public Works/City Engineer be authorized to advertise for bids. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marko, Quiel, Frazier, Strickler. Noes: None. Absent: None. OF CHANGE OEDEE N0. TWO - CONSTEUCTION OF TWO Mayor and Common Council Member Frazier made a motion, seconded by Member Marks, that Change Order No. Two to the contract with SCC General Contractor, for the construction of two (2) racquetball courts be approved; to authorize the Contractor to modify the two (2) exterior doors by installation of windows, at an increase in contract price of $228.44, from $140,968.44 to $141,196.88. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. CHANGE ORDER N0. FOUR - Mayor and Common Council Member Frazier made a motion, seconded by Member Marks, that Change Order No. Four to the contract with SCC General Contractors, for the construction of two (2) racquetball courts at the Boy's Club, in accordance with Plan No. 6684 be approved; to authorize the contractor to reconstruct the existing air conditioning system, re-install existing electrical lights, outlet fixtures, thermostat and install 75 L.F. of gas line to the new air conditioning unit, at a net increase in contract price of $2,154.58, from $142,392.63 to $144,547.21. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (RS-6) APPROVAL OF CHANGE ORDER N0. THREE - CONSTRUCTION OF TWO RACQUETBALL COURTS AT BOYS CLUB PER PLAN N0. 6684 - SCC GENERAL CONTRACTOR Mayor and Common Council Member Frazier made a motion, seconded by Member Marks, that Change Order No. Three to the contract with SCC General Contractors, for the construction of two (2) racquetball courts, at the Boy's Club, in accordance 3/3/86 -15- with Plan No. 6684 be approved; to authorize the contractor for the walla o£ the courts to meet required court dimensions by installing shims is the walls, at an increase in contract cost of $1,195.75, from $141,196.88 to $142,392.63. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (RS-7) APPROVING A CERTAIN AMENDMENT N0. 1 TO BOND DOCUMENTS - CASTLEPARR APARTMENT PROJRCT and Common Council RESOLUTION NUMBER 86-63 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN AMENDMENT N0. ONE TO THE INDENTURE OF TRUST AND A CERTAIN AMENDMENT N0. ONE TO THE LOAN AGREEMENT IN CONNECTION WITH ITS CITY OF SAN BERNARDINO, CALIFORNIA, HOUSING REVENUE BONDS 1985 (CASLTEPARK APARTMENT PROJECT). The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Marks, to waive further reading of the resolution and that said resolution be adopted. Resolution Number 86-63 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ~~ ~ ~` Glenda Saul, Executive Director 731E 3/86 3/3/86 -16- COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BffitNARDINO M I N U T E S ADJOURNED REGULAR MEETING Harch 17, 1986 The Community Development Commission/Redevelopment Agency meeting was called to order at 11:00 a.m., by Chairman Wilcox. R(1T.T. (:AT.T. Roll Call was taken with the following being present: Chairman Wilcox, Members Esther Estrada; Jack Reilly; Ralph Hernandez; Steve Marks; Gordon Quiel; Dan Frazier; Jack Strickler; Shauna Clark, City Clerk. Absent: None. STAFF PRESENT Glenda Saul, Executive Director; Allen R. Briggs, Agency Counsel; Sandra A. Lowder, Redevelopment Division Manager; Kenneth J. Henderson, Community Development Division Manager; Sue Gonzales, Transcribing Secretary. (1) APPROVAL OF COMMISSION MINUTES Community Development Commission (a) Minutes of February 17, 1986 Member Marks made a motion, seconded by Member Quiel that the Commission Minutes of February 17, 1986, be approved and amended as follows: Page 1 -- Member Quiel was present at Roll Call. Page 3, Paragraph 7 -- Member Strickler seconded the motion. Page 8, Paragraphs 6 & 7 -- Delete - The vote was taken on the substitute motion as noted in Paragraph 8. Page 9, Item 18 -- Member Strickler voted no, not Member Frazier. Page 11, Paragraph 1 - Motion was made to continue for amendments to be made in compliance with recommendations o£ the Ways and Means Committee. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (b) Miautea of March 3, 1986 Member Marks made a motion, seconded by Member Quiel that the Commission Minutes of March 3, 1986, be approved. 3/17/86 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (2) REDEVELOPMENT COMMITTEE MINUTES Community Development Commission Member Strickler made a motion, seconded by Member Quiel, that the Redevelopment Committee Minutes of February 20, 1986, be received and filed. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (3) SURVHY fi PLANNING AREA - NORTHEND - AGREEMENT FOR SPECIAL COUNSEL Community Development Commission RESOLUTION N0. 4862 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF AGREEMENT FOR SPECIAL COUNSEL SERVICES WITH SABO & GONDEK FOR ESTABLISHMENT OF THE NORTHEND REDEVELOPMENT PROJECT. The City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Quiel to waive further reading of the resolution and that said resolution be adopted. Resolution Number 4862 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (4) SP COMMERCIAL DEVELOPMENT - IDB PUBLIC HEARING and Common Council Member Strickler made a motion, seconded by Member Quiel to table the Public Hearing considering IDB financing £or SP Commercial Development's mini storage facility on Caroline Street. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. PREVAILING WAGES Community Development Commission Member Strickler made a motion, seconded by Member Marks, to continue the Prevailing Wage item to April 7, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. 3/17/86 - 7_ - (6) BEAUTIFICATION PROGRAM APPLICATION Mayor and Common Council RESOLUTION OF THE CITY OF SAN BERNARDINO REVISING THE BEAUTIFICATION PROGRAM OF THE CITY OF SAN BERNARDINO, AND DESIGNATING THE REDEVELOP AGENCY TO ADMINISTER THE PROGRAM. Community Development Commission RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION REVISING THE BEAUTIFICATION PROGRAM OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND DESIGNATING THE REDEVELOPMENT AGENCY TO ADMINISTER THE PROGRAM. The City Clerk read the titles of the resolutions. Member Quiel made a motion, seconded by Member Reilly, that further reading of the resolutions be waived. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Member Quiel made a motion, supported by Member Reilly, to adopt the resolutions. Discuasian ensued on the issue. Glenda Saul, Executive Director, explained why staff submitted their recommended revised beautification program. The Commission discussed possibilities of amending the beautification utilization boundaries to include all redevelopment project areas and/or planning areas in the City of San Bernardino. The Commission discussed various aspects of the beautification program and whether or not the Sa Bernardino Economic Development Council could assist with requests outside of Redevelopment project areas. Member Quiel made a motion, seconded by Member Frazier, to refer the beautification issue to the Redevelopment Committee for further study. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (7) ENTERPRISE ZONE - A(htat?nmxT KITH COMMUNITY COLLEGE DISTRICT Community Development Commission RESOLUTION NUMBER 4863 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL, AND SAN BERNARDINO COF4RINITY COLLEGE DISTRICT BOARD OF TRUSTEES RELATING TO ESTABLISHMENT OF TRAINING PROGRAMS FOR THE ENTERPRISE ZONE. 3/17/86 The City Clerk read the title of the resolution. Member Estrada left the table. Member Marks made a motion, seconded by Member Hernandez, that further reading of the resolution be waived. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Estrada. Member Estrada returned. The Community College District at the request of the Agency has proposed to conduct seminars within the Enterprise Zone and to offer small business management courses. Member Hernandez expressed his concerns about instructors from outside our area which might not be familiar with the needs of businessmen located on the west side and therefore, would probably not be able to benefit these minority businesses. Member Quiel indicated all businessmen could benefit from this type of program and suggested the program be offered to all small businesses city-wide emphasizing on the Enterprise Zone area. Member Frazier questioned the Commission's intent to offer this program city-wide. He implied that when programs originated for the benefit of the west side are offered throughout the city, the west aide somehow becomes neglected. He stated he does not want to see this happen with these business courses that would be very beneficial to the business owners located within the enterprise zone. Mr. Kiko Gomez, resident of the City of San Bernardino, voiced his support of the Commission's desire to work with the Community College District and sponsor programs for minority businesses in the City of San Bernardino. Mr. Richard Cole, resident of the City of San Bernardino, addressed his concerns about the disadvantages of being a minority-owned business on the west aide. Member Quiel made a motion, seconded by Member Marks, that said resolution be adopted and amended by interlineation to read: RESOLUTION NUMBER 4863 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL, AND SAN BERNARDINO COMMUNITY COLLEGE DISTRICT BOARD OF TRUSTEES RELATING TO ESTABLISHMENT OF TRAINING PROGRAMS FOR THE ENTIRE CITY OF SAN BERNARDINO WITH EMPHASIS UPON THE ENTERPRISE ZONE. 3/17/86 - 4- Resolution Number 4863 was adopted as amended by the following vote: Ayes: Members Estrada, Reilly, Marko, Quiel, Strickler. Noes: Members Hernandez and Frazier. Absent: None. Member Strickler left the table RECESS At approximately 12:15 p.m., Member Quiel made a motion, seconded by Member Frazier to recess the meeting of the Community Development Commission/Redevelopment Agency to 2:00 p.m. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Member Strickler. CALL TO ORDER The Community Development Commission/Redevelopment Agency meeting was called to order at approximately 2:32 p.m., by Chairman Wilcox. ROLL CALL Roll Call was taken with the following being present: Chairman Wilcox, Members Esther Estrada; Jack Reilly; Ralph Hernandez; Steve Marks; Gordon Quiel; Dan Frazier; Jack Strickler; Shauna Clark, City Clerk. Absent: None. STAFF PRESENT Glenda Saul, Executive Director; Allen R. Briggs, Agency Counsel; Sandra A. Lowder, Redevelopment Division Manager; Eenneth J. Henderson, Community Development Division Manager; Sue Gonzales, Transcribing Secretary. Members Marks and Quiel left the table. (8) AMENDING FINANCING A F('E-EPffiiT - BEST PRODUCTS COMPANY and Common Council RESOLUTION NUMBER 86-94 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROVIDING FOR CERTAIN AMENDMENTS TO A FINANCING AGREEMENT; AND APPROVING SAID AMENDMENTS. The City Clerk read the title of the resolution. Member Hernandez made a motion, seconded by Member Reilly, to waive further reading of the resolution and that said resolution be adopted. Resolution Number 86-94 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Members Marks and Quiel. 3/17/86 - 5 - Member Ouiel returned. (9) WEST SIDE COMMUNITY DEVELOPMENT CORPORATION LOAN OF Sll2 000 (PLRST AMENDMENT TO LOAN AGREEMENT Community Development Commission RESOLUTION NUMBER 4864 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO OWNER PARTICIPATION LOAN AND GRANT-AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO WEST SIDE COI~4fUNITY DEVELOPMENT CORPORATION. The City Clerk read the title of the resolution. Member Frazier made a motion, seconded by Member Hernandez, to waive further reading of the resolution and that said resolution be adopted as amended by Agency Counsel. Resolution Number 4864 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: Member Quiel. Absent: Member Marks. Member Marke returned. (10) COMMUNITY DEVELOPMENT BLOCK GRANT ASSISTED DEMOLITION POLICY. Mayor and Common Council RESOLUTION NUMBER 86-95 OF THE SAN BERNARDINO ESTABLISHING CRITERIA, PRIORITIES AND PROCEDURES FOR THE DEMOLITION AND CLEARANCE OF SUBSTANDARD AND OBSOLETE STRUCTURES UNDER CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AND REPEALING RESOLUTION NUMBER 12407. The City Clerk read the title of the resolution. The members recommended that the administrative authority be increased from $3,500 to $5,000. Member Frazier made a motion, seconded by Member Hernandez, that further reading of the resolution be waived and that said resolution be adopted as amended by interlineation. Resolution Number 86-95 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Member Ouiel left the table 3/17/86 - 6 - (RS-1) FIRST AMENDMENT TO AGREEMENT WITH EXECO-SYSTEMS REALTORS OF SAN BERNARDINO, INC., FOR INFILL HOUSING PROGBAM. Community Development Commission RESOLUTION NUMBER 4865 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT FOR INFILL HOUSING PROGRAM. The City Clerk read the title of the resolution. Member Hernandez made a motion, seconded by Member Frazier, that further reading of the resolution be waived. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Member Quiel. Member Hernandez asked for clarification on whether there would be a future request for proposals and bond financing for first-time home buyers. Member Qulel returned. Member Estrada made a motion, seconded by Member Reilly that said resolution be adopted. Resolution Number 4865 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Nose. EXECUTIVE SESSION At approaimately 2:50 p.m., Member Estrada made a motion, seconded by Member Reilly, to adjourn to closed session under the authority of Government Code Section 54956.9A for the purpose of discussing pending litigation. The litigation to be discussed is as follows: San Bernardino Valley Municipal Water District vs. All Persons interested in the matter of South Valle Redevelopment Project, et al., San Bernardino Superior Court Case No. 224322; and San Bernardino Valley Municipal Water District vs. The City of San Bernardino and the Redevelopment Agency of the City of San Bernardino, et al., San Bernardino Superior Court File Number 223728; and Fred Schmid Associates vs. The City of San Bernardino and the Redevelopment Agency of the City of San Bernardino, et al., San Bernardino Superior Court Case No. 229984. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. 3/17/86 - 7 - RECONVENE MEETING At approximately 3:40 p.m., Chairman Wilcox reconvened the meeting of the Community Development Commission. SOUTH VALLE PROJECT - CERTIFICATION OF PARTICIPATION Community Development Commission Member Quiel made a motion, seconded by Member Strickler, that the Community Development Commission commit $260,000 of Agency funds to reimburse the City for its South Valle Certificates of Participation lease payments due in fiscal year 86/S7. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ADJOURNMENT At approximately 4:40 p.m., Member Marks made a motion, seconded by Member Strickler to adjourn the meeting of the Community Development Commission. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. lends Saul, Secretary 586G 3/17/86 - R _ COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO M I N U T E S ADJOURNED REGULAR MEETING April 7, 1986 11:00 A.M. The Community Development Commission/Redevelopment Agency meeting was called to order at 11:10 a.m., by Chairman Wilcox. ROLL CALL Roll Call was taken with the following being present: Chairman Wilcox, Members Esther Estrada, Jack Reilly, Ralph Hernandez, Steve Marks, Gordon Quiel, Dan Frazier, Jack Strickler, Shauna Clark, City Clerk. Absent: None. STAFF PRESENT Glenda Saul, Executive Director; Allen R. Briggs, Agency Counsel; Sandra A. Lowder, Redevelopment Division Manager; Kenneth J. Henderson, Community Development Division Manager; J. Lorraine Velarde, Administrative Services Manager; Rosalie Morales, Recording Secretary. (1) APPROVAL OF COMMISSION MINUTES Community Development Commission (a) Minutes of March 17, 1986. Member Reilly made a motion, seconded by Member Hernandez, that the Commission Minutes of March 17, 1986 be approved. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. (2) REDEVELOPMENT COMMITTEE MINUTES Community Development Commission MEMBER REILLY LEFT THE CODNCIL TABLE. Member Strickler made a motion, seconded by Member Quiel, to file the Redevelopment Committee Minutes of March 6, 1986. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: Member Reilly. 4/7/86 (3) AMENDMENT TO AGREEMENT WITH KEYSER MARSTON ASSOCIATES, INC., FOR CONSULTING SERVICES Community Development Commission RESOLUTION NUMBER 4867 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF SECOND AMENDMENT TO AGREEMENT WITH KEYSER MARSTON ASSOCIATES, INC., FOR CONSULTANT SERVICES. The City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Estrada to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes. None. Abstain: None. Absent: Members Reilly. MENSES REILLY RETURNED TO THE CODNCIL TABLE. Member Strickler made a motion, seconded by Member Quiel to adopt said resolution. Resolution Number 4867 was adopted by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. Abstain: None. Absent: None. Member Hernandez requested staff to prepare an analysis of coats and savings involving the use of Keyser Marston as consultants. (4) FIRST AMENDlQ+liT TO THE DISPOSITION AND JOIliT DEVELOPMENT AGREEMENT (MILES S HALL) Community Development Commission MOVE TO ADOPT RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO DISPOSITION AND JOINT DEVELOPMENT AGREEMENT BY AND BETWEEN THE RIDEVELOPMINT AGENCY OF THE CITY OF SAN BERNARDINO AND MILES AND HALL PARTNERSHIP (SOUTHEAST INDUSTRIAL PARK PROJECT). The City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Quiel, to waive further reading of the resolution. 4/7/86 - 2 - The motion carried by the following votes: Ayes: Members Estrada, Hernandez, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. Member Marks made a motion, seconded by Member Hernandez, to direct this back to staff for further negotiations.. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. (5) ENTERPRISH ZONE - COST SDMMARY Community Development Commission Member Reilly made a motion, seconded by Member Hernandez, to receive and file staff's report. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. (6) APPROVAL OF CHANGE ORDER #3 MATICH CORPOBATION SOUTH VALLE HUNTS LANE Community Development Commission Mr. John Starner, Vice President of C.G. Engineering in San Bernardino was retained to do the contract administration on this project. Mr. Starner explained to Council that he has submitted a rough to Engineering. At that time, Roger Hardgrave, the City Engineer was called to the Council Meeting. While waiting for Mr. Hardgrave Council proceeded with I[em 7. (7) PREVAILING WAGES Community Development Commission Member Marks made a motion, seconded by Member Estrada to continue this item to May 5, 1986. Member Marks emphasized to Ms. Saul that he wanted the University to have this study report ready for the May 5th Council Meeting. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. Abstain: None. Absent: None. 4/7/86 - 3 - (6) APPROVAL OF CHANGE ORDER #3 MATICH COEPOEATION SOUTH VALLE HUNTS LANE Community Development Commission At this time Chairman Wilcox called Mr. Roger Hardgrave to the podium to continue with Item 6. Mr. Hardgrave came to the podium and explained to Council that he had not had a chance to review the report. He indicated that he would do so immediately. Member Marks made a motion, seconded by Member Quiel, to approve Change Order /3 subject to the City Engineer's approval. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: Nose. Abstain: None. Absent: None. (H) TEFRA PUBLIC HEARINGS - VARIOUS PROJECTS Mayor and Common Council Member Strickler made a motion, seconded by Member Marks, to continue the TEFHA Public Hearings to June 16, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: Nose. Absent: None. RECESS MEETING At 12:30 p.m., Chairman Wilcoz recessed the Community Development Commission/Redevelopment Agency Meeting to 2:00 p.m. RECONVENE MEETING At 4:45 p.m., the meeting of the Community Development Commission/Redevelopment Agency was reconvened in the Council Chambers of City Hall, 300 North "D" Street, Saa Bernardino, California. ROLL CALL Roll call was taken with the following being present: Chairman Wilcoz, Members Esther Estrada, Jack Reilly, Ralph Hernandez, Steve Marks, Gordon Quiel, Dan Frazier, Jack Strickler, Shauna Clark, City Clerk. Absent: None. STAFF PRESINT Glenda Saul, Executive Director; Allen R. Briggs, Agency Counsel; Sandra A. Lowder, Redevelopment Division Manager; Renneth J. Henderson, Community Development Division Manager; J. Lorraine Velarde, Administrative Services Hanager; Rosalie Morales, Recording Secretary. 4/7/86 - 4 - (RS-1) WIXEN PIPE AND SUPPLY EREMPTION TO MORATORIUM Mayor and Common Council (a) Approve ezemption to the 120 day moratorium for Wizen Pipe and Sunoly subject to approval of their screening plan. Member Quiel made a motion, seconded by Member Marks, to approve the ezemption, subject to the total plan being reviewed by the Agency and Planning Department prior to approval. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. Abstain: None. Absent: None. the Area. Member Marks made a motion, seconded by Member Estrada, to authorize the Redevelopment Agency to enter into negotiations with Caltrans to facilitate landscaping for the slopes within the right-of-way o£ I-215 that are adjacent to the Central City South Study Area. The motion carried by the following vote: Ayes: Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: Member Hernandez. Absent: None. (RS-2) AGENCY OWNED PROPERTY LOCATED AT COURT AND "E" STREETS Community Development Division Member Estrada made a motion, seconded by Member Frazier, to receive and file. The motion carried by the following vote: Ayes: Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. (RS-3) MOBILE HOME PARK ASSISTANCE PROGRAM Communlty Development Commission Member Hernandez made a motion, seconded by Member Reilly, to reinstate the Mobile Home ADHOC Committee which consists of Members Frazier, Reilly, and Quiel, and to refer the item to the Mob Sle Home ADHOC Committee. The motion carried by the following vote: Ayes: Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. 4/7/86 - 5 - NW RTTCTNF.SS CITY OF SAN BERNARDINO VS. FRED SCHMID ASSOCIATES The Law Firm of Silverton and Phillips provided the Commission with a copy of a March 19, 1986 letter addressed to Allea R. Briggs. The letter was received and the Commission adjourned to an Executive Session at 4:55 p.m, to discuss said pending litigation. Meeting was called to order after Executive Session. ROLL CALL Roll call. was taken with the following present: Chairman Wilcox, Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Absent: None. STAFF PRESENT Glenda Saul, Executive Director; Allen R. Briggs, Agency Counsel; Sandra A. Lowder, Redevelopment Division Manager; J. Lorraine Velarde, Administrative Services Manager; Rosalie Morales, Recording Secretary. AGENCY INSURANCE PROGRAM Community Development Commission Action Staff reported the possibility existed to reinstate all lnsurance policies previously in effect relating to Agency activity. Member Strickler made a motion, seconded by Member Quiel, to refer the item to the Redevelopment Agency Committee for further study. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: Member Estrada. ADJOURNMENT At 5:30 p.m. the Community Development Commission/Redevelopment Agency meeting was adjourned. Glenda Saul, Secretary 0209R 4/7/86 - 6 - COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO M I N U T E S REGULAR MEETING April 21, 1986 The Community Development Commission/Redevelopment Agency meeting was called to order at approximately 11:35 a.m. ROLL CALL Roll call was taken with the following being present: Vice Chairman Jack Strickler; Members Esther Estrada; Jack Reilly; Ralph Hernandez; Steve Marks; Gordon Quiel; Dan Frazier. Absent: Chairman Wilcox. STAFF PRESENT Glenda Saul, Executive Director; Kenneth J. Henderson, Manager, Community Development Division; Sandy Lowder, Manager, Redevelopment Division; Lorraine Velarde, Administrative Services Coordinator; Allen R. Briggs, Agency Counsel; Timothy J. Sabo, Bond Counsel; Leslie A. Orr, Transcribing Secretary. (1) APPROVAL OF COMMISSION MINUTES Community Development Commission Member Frazier made a motion, seconded by Member Quiel, that the Commission Minutes of April 7, 1986, be approved with the following amendment: The motion on item no. RS-1 of the Supplemental Agenda should be amended to read, "to approve the exemption, subject to the total plan being reviewed and approved by the Central City South Study Team and Planning Department", instead o£ the Agency and Planning Department. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. (2) REDEVELOPMENT COMMITTEE MINUTES Community Development Commission Member Quiel made a motion, seconded by Member Reilly, that the Redevelopment Committee minutes of March 27, 1986, be received and filed. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. (3) SET HEARING FOR ADOPTION OF REDEVELOPMENT PLAN AND DRAFT EIR AND CONSIDER ADOPTION OF RESOLUTIONS FOR UPTOWN PROJECT AREA Mayor and Common Council RESOLUTION NUMBER 86-139 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONSENTING TO THE HOLDING OF A JOINT PUBLIC HEARING WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY SAN BERNARDINO ON THE ADOPTION OF THE REDEVELOPMENT PLAN FOR THE UPTOWN RIDEVELOPMENT PROJECT AND AUTHORIZING PUBLICATION AND MAILING OF NOTICES OF JOINT PUBLIC HEARING. The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Marks, to waive further reading of the resolution sad that said resolution be adopted setting the public hearing for June 7, 1986, at 4:00 p.m. Resolution number 86-139 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. Community Development Commission RESOLUTION NUMBER 4868 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO REQUESTING THE HOLDING OF A JOINT PUBLIC HEARING WITH THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ON THE ADOPTION OF THE RIDEVELOPMENT PLAN FOR THE UPTOWN RIDEVELOPMENT PROJECT, ACCEPTING A DRAFT OF THE REDEVELOPMENT PLAN AND A DRAFT ENVIRONMENTAL IMPACT REPORT AND AUTHORIZING PUBLICATION AND MAILING OF NOTICES OF CERTAIN JOINT PUBLIC HEARINGS. The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Marks, to waive further reading of the resolution and that said resolution be adopted setting the public hearing for June 7, 1986, at 4:00 p.m. Resolution number 4868 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. Community Development Commission RESOLUTION NUMBER 4869 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ADOPTING A DECLARATION OF RESTRICTIONS IN THE UPTOWN REEEVELOPMENT PROJECT. The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Marko, to waive further reading of the resolution and that said resolution be adopted. 4/21/86 -2- Resolution number 4869 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. Community Development Commission RESOLUTION NUMBER 4870 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ADOPTING RULES GOVERNING PARTICIPATION BY OWNERS AND BUSINESS TENANTS Itd THE UPTOWN REDEVELOPMENT PROJECT. The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Marks, to waive further reading of the resolution and that said resolution be adopted. Resolution Number 4870 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. (4) JACK VANDERWOUDE-EXEMPTION TO MORATORIUM Mayor and Common Council Member Strickler stated that he would abstain from voting on this item. Member Quiel made a motion, seconded by Member Frazier, to approve exemption to the 120 day moratorium for Jack Vanderwoude subject to approval of hie landscape plan by the Study Team Committee. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Chairman Wilcox. Abstain: Member Strickler. (5) CENTRAL CITY SOUTH STUDY AREA - SPECIFIC PLAN AND ENGINEERSNG STUDY Item taken up on Supplemental Agenda as RS-3. (6) SECOND AMENDMENT TO OPA -- DORJIL ESTATES Community Development Commission RESOLUTION NUMBER 4871 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND AMENDMENT TO PROPERTY OWNER'S PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CLTY OF SAN BERNARDINO AND DORJIL LTD., (NORTHWEST REDEVELOPMENT PROJECT AREA). The City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Reilly, to waive further reading of the resolution. 4/21/86 -3- The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. Member Marks inquired if the $233,160 was a loan or a grant. Glenda Saul, Executive Director, replied that the loan is a secured loan that will be repaid by tax increment through performance. Member Marks further inquired why the Agency failed to secure a mortgage bond for this project. Ma. Saul replied that at the time they had been working with another source in an attempt to secure bond financing for over a year, but were not able to consummate that deal, so they pursued other avenues. However, when the principals of Dorjil came to the Agency for assistance, there.. were no multifamily bond issues available. Member Marks asked what position the Agency would hold. Ms. Saul stated that the original OPA was $235,000. However, it turns out that improvements were not as much as was initially anticipated. The actual total participation will be somewhere in the $160,000 range. Ms. Saul further stated that the Agency is subordinating the loan to second position for the construction, but to take into account the fact that since they have already performed on phase 1, the loan will be reduced. They have not received the second portion of the loan which comes through on phase 2, so in turn the subordination on phase two is not applicable at this point. Member Hernandez made a motion, seconded by Member Reilly, that the resolution be adopted. Resolution Number 4871 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. (7) MODIFICATION OF REDEVELOPMENT AGENCY NOTE TO CITY FOR OLD SEWER PLAN PROPERTY Community Development Commission RESOLUTION NUMBER 4872 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN UNSECURED NOTE IN FAVOR OF THE CITY OF SAN BERNARDINO REPLACING PREVIOUSLY EXECUTED UNSECURED NOTE. The City Clerk read the title of the resolution. Member Reilly made a motion, aecoaded by Member Frazier, to waive further reading of the resolution and that said resolution be adopted. 4/21/86 -4- Resolution Number 4872 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. (8) WILLIE MCBRIDE SHOPPING CENTER Community Development Commission RESOLUTION NUMBER 4873 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE RIDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND WILLIE MCBRIDE FOR THE EXCLUSIVE RIGHT TO NEGOTIATE FOR ESTABLISHMENT OF A SHOPPING CENTER AT THE SOUTHWEST CORNER OF BASELINE STREET AND MT. VERNON AVENUE (NORTHWEST PROJECT AREA). The City Clerk read the title of the resolution. Member Frazier made a motion, aeconded by Member Marks, to waive further reading of the resolution and that said resolution be adopted. Resolution Number 4873 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marko, Quiel, Frazier, Strickler. Noes: None. Abaent: Chairman Wilcox. (9) APPROVING FINAL BOND DOCUMENTS -- CAL-SHEL PROJECT and Common Council Member Hernandez made a motion, seconded by Member Quiel, to continue this item to May 5, 1986. The motion carried by the following vote: Ayea: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noea: None. Absent: Chairman Wilcox. WORK - CHANGE ORDER N0. ONE AND Mayor and Common Council Member Fraziex made a motion, seconded by Member Marks, that Change Order No. One to the contract with SCC General Contractor, for the construction of two (2) racquetball courts at the Boy's Club, in accordance with Plan No. 6684, be approved; to authorize the contractor to frame the new roof in the existing roof, at an increase in contract price of $2,208.44, from $138,760.00 to $140,968.44. Alao, that the worked performed by the contractor, in accordance with specification no. 6684, be approved and accepted; and that final payment be authorized at the expiration of the lien period. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marko, Quiel, Frazier, Strickler. Noes: None. Abaent: Chairman Wilcox. 4/21/86 -5- Member Hernandez left the Council Table. (11) APPROVING A CERTAIN AMENDMENT N0. 2 TO BOND DOCUMENTS -- CASTLEPARK APARTMENTS PROJECT Mayor and Common Council RESOLUTION NUMBER 86-140 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN AMENDMENT N0. 2 TO THE INDENTURE OF TRUST, A CERTAIN AMENDMENT N0. 2 TO THE LOAN AGREEMENT AND A CERTAIN INTERCREDITOR AGREEMENT IN CONNECTION WITH ITS CITY OF SAN BERNARDINO, CALIFORNIA, MOLTIFAMILY HOUSING REVENUE BOND 1985 SERIES (CASTLEPARK APARTMENTS PROJECT). The City Clerk read the title of the resolution. Resolution Number 86-140 was adopted by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox and Member Hernandez. (12) FISCAL YEAR 1986/1987 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM MIX Item taken up on Supplemental Agenda as RS-4. (13) TWENTY-PERCENT (20%) SET ASIDE WORKSHOP Community Development Commission Member Hernandez returned to the Council Table. Glenda Saul, Executive Director, explained that staff is seeking direction in terms of making any firm policy recommendations to the Commission regarding the housing needs study. Ma. Saul stated that this workshop would give staff the opportunity to more clearly understand the direction of the Commission. Member Marks made a motion, seconded by Member Estrada, setting a meeting for April 28, 1986 at 10:00 a.m, to 12:00 p.m., as a workshop session to give direction to staff regarding housing needs report required by twenty-percent (20%) set aside legislation. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abaeat: Chairman Wilcox. (14) TEFRA PUBLIC HEARING -- DEL ROSA GARDENS PROJECT Mayor and Common Council Member Marks inquired as to the continued delays in the project and whether the project was still going forward. 4/21/86 -6- Ken Henderson, Manager, Community Development Division, explained to the Council the developer has obtained conventional financing and has every intention of completing the project. Member Marks made a motion, seconded by Member Frazier, to table the public hearing. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. (15) FILING FOR THE REDEVELOPMENT AGENCY'S INVESTMENT POLICY Community Development Commission RESOLUTION NUMBER 4874 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1986. The City Clerk read the title of the resolution. Member Hernandez made a motion, seconded by Member Reilly, to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. Member Hernandez made a motion, seconded by Member Frazier, that said resolution be adopted. Resolution Number 4874 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. (RS-1) APPROVAL OF CHANGE ORDER N0. ONE -- CONSTRUCTION OF COMMUNITY CENTER IN NICHOLSON PARK, PER PLAN N0. 6781 - DUNCAN CONSTRUCTION and Common Council Member Hernandez made a motion, seconded by Member Quiel, that Change Order No. One to the contract with Duncan Construction for the construction of a Community Center at Nicholson Park, be approved, to authorize credits and payment for increases for various items of work at a net increase in contract price of $236.00, from $396.214.00 to $396,450.00. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. (RS-2) AUTHORIZING EMPLOYMENT LINKAGE EMPLOYMENT AGREEMENT BETWEEN THE AGENCY AND C&M FINE PACK, INC. 4/21/86 -7- Community Development Commission RESOLUTION NUMBER 4875 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND C&M FINE PACK, INC., REGARDING ESTABLISHMENT OF AN EMPLOYMENT LINKAGE PROGRAM. The City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Quiel, to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. Resolution Number 4875 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. (RS-3) CENTRAL CITY SOUTH STUDY AREA -- SPECIFIC PLAN AND ENGINEERING STUDY Community Development Commission RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT AMONG THE CITY, THE REDEVELOPMENT AGENCY AND URS CORPORATION FOR CENTRAL CITY SOUTH STODY AREA SPECIFIC PLAN AND ENVIRONMENTAL IMPACT REPORT CONSULTANT SERVICES. The City Clerk read the title of the resolution. Member Reilly made a motion, seconded by Member Quiel, to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. Mayor and Common Council RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORS ZING AND DIRECTING EXECUTION OF AN AGREEMENT AMONG THE CITY OF SAN BERNARDLNO, THE RIDEVELOPMENT AGENCY AND URS CORPORATION FOR CENTRAL CITY SOUTH STUDY AREA SPECIFIC PLAN AND INVIRONMENTAL IMPACT REPORT CONSULTANT SERVICES. The City Clerk read the title of the resolution. Member Reilly made a motion, seconded by Member Quiel, to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. 4/21/86 -8- Member Marks expressed concerns regarding the cost of retaining the services of URS to do a specific plan and environmental impact report for the Central City South Study Area. It was Member Marks' opinion that, before final approval be given to expend $156,000 for these services, a statistical analysis should be prepared supporting the financially feasibility of the study. Member Marks further stated the possibility of an RFP should be looked into. Ms. Saul explained to the Council the reason Agency staff had not developed an RFP for this study was due to the very high momentum the Agency has established relative to this project. There are currently four (4) developements waiting in the wings for landscaping criteria, street alignment, and other planning matters to be decided before the projects can commence. Member Marks suggested doing an RFP informally is order to get a fairly accurate determination as to what these services cost from various qualified firms. He further inquired as to how long it would take to complete this study. Ms. Saul responded that URS estimated eight (H) months £or the completion of the study. Member Marks felt that since it would take eight (8) months to complete the study, he did not see why two (2) additional weeks to solicit RFP's informally, would make that much difference to the project. Further discussion ensued relative to a feasibility study, an informal RFP process and any impact a delay might have on various projects. Steve Lilburn, URS, came before the Council to speak to this issue. He pointed out that the "scope of services" before the Council is based upon the fact that URS had not receive a defined "scope of services" from the City. URS also did not receive an approved alternative, and as a result, submitted a high-end cost of what expenses would be incurred in the development of this study. Each of these items would be billed on a time and expense basis. Mr. Lilburn explained that assuming the item was approved as submitted, the first action would be to conduct a meeting with the Committee to decide on an alternative that was feasible and immediately establish a "scope of services" better defining the work involved. Discussion ensued between Mr. Lilburn and members of the Common Council. Member Marks made a motion, seconded by Member Quiel, directing staff to provide a project financial feasibility analysis using reasonable assumptions, and additionally, to develop and solicit an RFP to qualified firms relative to the services required. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. -9- 4/21/86 Community Development Commission RESOLUTION NUMBER 4876 OF THE COMMUNITY DEVELOPMENT COMMISSION AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT AMONG THE RIDEVELOPMENT AGENCY, CITY AND BROWN AND MULLINS, FOR CONSULTANT SERVICES. The City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Quiel, to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. Member Marks made a motion, seconded by Member Quiel, that said resolution be adopted. Resolution Number 4876 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. and Common Council RESOLUTION NUMBER 86-141 OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT AMONG CITY, REDEVELOPMENT AGENCY AND BROWN AND MULLINS FOR CONSULTANT SERVICES (CENTRAL CITY SOUTH STUDY AREA). The City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Quiel, to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. Member Marks made a motion, seconded by Member Quiel, that said resolution be adopted. Resolution Number 86-141 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. (RS-4) FISCAL YEAR 1986/1987 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Mayor and Common Council Member Hernandez expressed concerns regarding funds allocated for housing rehabilitation. 4/21/86 -10- Dis cuasion ensued between Ken Henderson, Manager, Community Development Division and members of the Council relative to the recommended Program Mix. Member Quiel made a motion, seconded by Member Marks, to transfer the $100,000 recommended for housing rehabilitation to Capital Improvements increasing that recommended amount from $450,000 to $550,000 and approving and adopting the Fiscal Year 1986/1987 Community Development Block Grant Program Mix as amended, and authorizing staff to solicit proposals based upon said amended Program Mix. The motion carried by the following vote: Ayes: Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: Members Estrada and Hernandez. Absent: Chairman Wilcox. RECESS At 12:15, Vice Chairman Strickler recessed the meeting to 2:00 p.m. for discussion on a New Business item. R FLONVRNF. At approximately 2:05 p.m., Member Frazier made a motion, seconded by Member Marks, to reconvene the meeting of the Community Development Commission/Redevelopment Agency to discuss a New Business item. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. STAFF PRESENT Roll call was taken with the following being present: Vice Chairman Jack Strickler; Members Esther Estrada; Jack Reilly; Ralph Hernandez; Steve Marks; Gordon Quiel; Dan Frazier. Absent: Chairman Wilcox. STAFF PRESENT Glenda Saul, Executive Director; Kenneth J. Henderson, Manager, Community Development Division; Sandy Lowder, Manager, Redevelopment Division; Lorraine Velarde, Administrative Services Coordinator; Allen R. Briggs, Agency Counsel; Timothy J. Sabo, Boad Counsel; Leslie A. Orr, Transcribing Secretary. NEW BUSINESS NORTHWEST REDEVELOPMENT PROJECT AREA AND ENTERPRISE ZONE Member Frazier handed out to the Council and Agency staff an agenda item he prepared concerning the Northwest Redevelopment Project Area and Enterprise Zone application. The item contained a letter from Member Frazier to Richard Whitman, State Department of Commerce, outlining a conversation they conducted regarding the reasons why San Bernardino's Enterprise Zone application was not approved. 4/21/86 -11- Member Frazier expressed his concerns regarding what he thought a appeared to be a serious lack of commitment on the part of the Agency toward the development of the West Side. Member Marks referred to item ll2 in the letter dated April 21, 1956 from Councilman Frazier to Mr. Richard Whitman that indicated the State Department of Commerce did not receive the approving resolution until after the selection of the ten (10) zones had been accomplished. Ms. Saul replied that the resolution was attached to the total package. She also mentioned that the Agua Mansa resolution was not due until six (6) months after selection State Enterprise Zone designation. Member Marks made a motion, seconded by Member Frazier, directing the Executive Assistant of the Council Office to prepare a letter for the signature of Vice-Chairman Strickler, to Mr. Whitman inviting him to come down and participate in the discussion on the subject of the Enterprise Zone application with the Council and Agency staff. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. Member Frazier brought up the issue of the marketing survey regarding the Enterprize Zone being conducted by Cal-State University. Member Frazier made a motion that the Enterprise Zone program be referred to the Ways and Means Committee and that during the review process the survey currently being conducted by Cal-State University be halted until a report has been received. The motion died on the floor due to lack of a second. Member Marks suggested that there be informal meeting with all parties concerned to clarify issues. Discussion ensued. Member Frazier again pointed out that without a decision to halt the survey, funds were continuing to be expended. Member Frazier clarified his point that by stopping the survey, the Counil was merely putting a hold on the process. Member Marks made a motion, seconded by Member Quiel, to refer the matter to the Ways and Means Committee for status report from staff on the implementation of the Enterprise Zone and to make that report and any recommendations that are needed and bring back to the full Council. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. RECESS Vice-Chairman Strickler recessed the meeting of the Community Development Commission/Redevelopment Agency at approximately 3:15 p.m. 4/21/86 -12- RECONVENE Vice-Chairman Strickler reconvened the meeting of the Community Development Commisa ion/Redevelopment Agency at approximately 6:28 p.m. unr.r. rar.r. Roll call was taken with the following being present: Vice Chairman Jack Strickler; Members Esther Eatrada; Jack Reilly; Ralph Hernandez; Steve Marks; Gordon Quiel; Dan Frazier. Absent: Chairman Wilcox. STAFF PRESENT Glenda Saul, Executive Director; Sandy Lowder, Manager, Redevelopment Division; Lorraine Velarde, Administrative Services Coordinator; Ralph Prince, City Attorney. Member Frazier made a motion, seconded by Member Marks, to continue the meeting to April 28, 1986 at 10:00 a.m. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Chairman Wilcox. ///~/G r// ~~~~~ /JfL~CC-T Glenda Saul, Executive Director 941E 5/1/86 4/21/86 -13- COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO M I N U T E S ADJOURNED REGULAR MEETING May 5, 1986 11:00 A.M. The Community Development Commission/Redevelopment Agency meeting was called to order at 11:10 a.m., by Chairman Wilcox. ROLL CALL Roll Call was taken with the fallowing being present: Chairman Wilcox, Members Esther Estrada, Ralph Hernandez, Steve Marks, Gordon Quiel, Jack Strickler, Shauna Clark, City Clerk. Absent: Members Jack Reilly, Dan Frazier. STAFF PRESENT Glenda Saul, Executive Director; Allen R. Briggs, Agency Counsel; Sandra A. Lowder, Redevelopment Division Manager; Renneth J. Henderson, Community Development Division Manager; J. Lorraine Velarde, Adminiat ra tive Services Manager; Rosalie Morales, Recording Secretary. (1) APPROVAL OF COMMISSION MINUTES Community Development Commission Member Strickler made a motion, seconded by Member Quiel, that the Commission Minutes of April 21, 1986 be approved. The motion carried by the following vote: Ayes: Members Estrada, Heroandez Marks, Quiel, Strickler. Naves: None. Abstain: None. Absent: Members Reilly, Frazier. (2) REDEVELOPMENT COMMITTEE PIINUTES Community Development Commies ion Member Strickler made a motion, seconded by Member Qu Lel, to Receive and file the Redevelopment Committee Minutes of April 4, 1986. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Marks, Quiel, Strickler. Noes: None. Abstain: None. Absent: Members Reilly, Frazier. (3) FIRST AMENDMENT TO THE DISPOSITION AND JOINT DEVELOPMENT AGREEMENT MILES & HALL Community Development Commission RESOLUTION N0. 4877 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO DISPOSITION AND JOINT DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OFSAN BERNARDINO AND MILES AND HALL PARTNERSHIP (SOUTHEAST INDUSTRIAL PARK PROJECT). Ms. Shauna Clark, City Clerk, read the title of the resolution. Member Ma rka made a motion, seconded by Member Strickler, to waive further reading and adopt said resolution. The motion carried by the following votes: Ayes: Members Estrada, Hernandez, Ma rka, Quiel, Strickler. Nayes: None. Abstain: None. Absent: Members Reilly, Frazier. MEMBER DAN FRAZIER ARRIVED AT 11:12 A.M. (4) CENTRAL CITY DEVELOPMENT COMPANY - EXTENSION OF EXCLUSIVE RIGHT TO NEGOTIATE -- CCS Community Development Commission RESOLUTION N0. 4878 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND CENTRAL CITY DEVELOPMENT COMPANY FOR EXCLUSIVE RIGHT TO NEGOTIATE FOR ESTABLISHMENT OF CENTRAL CITY BUSINESS PARK (Centml City South Project Area). The City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Frazier, to waive further reading and adopt said resolution. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Marks, Qu iel, Frazier Strickler. Noes: None. Abstain: None. Absent: Member Reilly. (5) CENTRAL CITY NORTH - DEMOLITION TIME EXTENSION Community Development Commission Move approval of a 30-day extension for completion of demolition and site clearance, Project Unit No. CCN-19 with Warren Duncan 5-5-86 2 Member Marks made a motion, seconded by Member Estrada, to approve a 30-day extension for completion of demolition and site clearance, Project Unit No. CCN-19 with Warren Duncan. The motion carried by the following vote: Ayes: Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: Member Reilly. (6) SETTLEMENT OF FRED SCHMID VS. CITY AND AGENCY (Mayor and Common Council OR Community Development Commission Move approval for Redevelopment Agency to pay $14,000 to Fred Schmid in accordance with settlement agreement. Member Marks made a motion, seconded by Member Frazier, to approve the payment of $14,000.00 to Fred Schmid in accordance with settlement agreement of the Redevelopment Agency. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: Reilly. (7) INFILL HOUSING PROGRAM - STATUS REPORT Community Development Commission Move to receive and file status report of the Infill Housing Program and authorize staff to develop and advertise a "Request for Proposal" for the Infill Housing Program. Member Marks made a motion, seconded by Member Frazier, to receive and file the status report of the Infill Housing Program and authorize staff to develop and advertise a "Request for Proposal" for the Infill Housing Program. The motion carried by the following vote. Ayes: Members Estrada, Hernandez, Marke, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: Member Reilly. (8) PURCHASE OF KODAK EKTAPRINT 200 AF COPIER - DUPLICATOR Community Development Commission The Redevelopment Agency Committee recommends that the Executive Director of the Redevelopment Agency be authorized to execute the appropriate conversion documentation for the pu retie se o£ the Kodak Ektaprint 200 AF Copier/Duplicator. 5-5-86 3 Member Marks made a motion, seconded by Member Estrada, that the Executive Director of the Redevelopment Agency be authorized to execute the appropriate conversion documentation for the purchase of the Kodak Ekta print 200 AF Copier/Duplicator be approved. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Marke, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: Member Reilly. APPROVAL OF COMMISSION MINUTES Community Development Commission Council took this item up on Regular Adjourned Agenda. (RS-2) CDBG FUNDING FOR PROJECT EARLY OUTREACH Mayor and Common Council RESOLUTION N0. 86-165 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PROVISIONAL EDUCATIONAL SERVICES, INCORPORATED, RELATING TO CDBG FUNDING FOR PROJECT EARLY OUTREACH (RS-2 Continued) The City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Strickler, to waive further reading of the resolution. The motion carried by the following vote: Ayea: Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noea: None. Abstain: None. Absent: Member Reilly. Member Frazier made a motion, seconded by Member Eat ra da, to approve said resolution. The motion carried by the following vote: Ayes: Members Estrada, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. Abata in: None. Absent: Member Reilly. (RS-3) APPROVING FINAL BOND DOCUMENTS -- CAL-SHEL PROJECT Community Development Commiasion Member Quiel made a motion, seconded by Member Strickler, to continue this item to May 19, 1986. 5-5-86 4 The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: Member Reilly. Council went on to item 5. (5) APPROVING COMPREHENSIVE HOUSING POLICY AND DIRECTING CERTAIN ACTION REGARDING SAME Community Development Commission A. RESOLUTION N0. 4879 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING A COMPREHENSIVE HOUSING POLICY, AND DIRECTING CERTAIN ACTIONS INTENDED TO MEET A PORTION OF THE HOUSING NEEDS WITHIN THE CITY AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33334.2. B. RESOLUTION N0. 4880 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE REDEVELOPMENT AGENCY TO OPEN A CHECKING ACCOUNT WITH THE AMERICAN NATIONAL BANK TO BE DESIGNATED AS THE "LOW AND MODERATE INCOME HOUSING FUND". The City Clerk read the titles of the Resolutions "A" and "B." Kenneth Henderson, Manager of Community Development Division and Glenda Saul, Executive Director, answered Member Hernandez' questions regarding the per cent amount of the set aside. Member Marks made a motion, seconded by Member Quiel to waive further reading and adopt Resolution "A" No. 4879 and Resolution "B" No. 4880. Resolution No. 4879 and Resolution No. 4880 carried by the following vote: Ayes: Estrada, Hernandez, Marka, Qu iel, Frazier, Strickler. Noes: None. Abstain: None. Absent: Member Reilly. Council Members went back to item 4. (RS-4) PREVAILING WAGES Community Development Commission Member Quiel made a motion, seconded by Member Strickler, to authorize and direct the Agency Counsel to prepare an agreement between the Community Development Commission and the Data Gathering Center, California State University, for consultant services regarding the Prevailing Wage Rate Study, and authorize the execution thereof by the Chairman and Secretary of the Agency. 5-5-86 5 The matter was open for discussion. Mr John Smith, representing labor union retirees, addressed the Commission and urged them to continue the policy in effect. Councilmember Estrada asked for clarification as to statements being made relative to retired union members having their retirement pension effected if prevailing wage is not paid. Mr. Smith answered that it was an accurate statement. He indicated that retirement trust funds are sustained through dues paid by members receiving prevailing wages. If the fund suffers a decrease in dues, the amount of money available to retirees is effectly reduced. Member Quiel explained that the issue was "prevailing wage" ra tea, not union labor in general. Mr. Bruce Daniels, Director of Center for Contract Compliance, addressed the Commission. He advised the Board members that his Center was gathering the data on prevailing wages from all union locals and contractors. He further indicated that the prevailing wage issue had many factors to consider and urged them to give serious thought to all factors. Member Strickler asked if there was a possibility the study could be done in 60 days or sooner. Member Frazier also inquired if any additional costs were anticipated. Sheldon Bookman, of Cal State University, indicated that there wouldn't be additional costs but because of the extensive scope, in order to do the study correctly, it would take 90 days. Question was called for on the motion to proceed with the study at a cost of $25,000, with the 90-day preparation period. The motion carried by the following vote: Ayes: Estrada, Hernandez, Marks, Frazier, Strickler. Noes: Member Quiel. Abstain: None. Absent: Member Reilly. At 12:00 p.m. Member Hernandez excused. ADJOURNMENT At approximately 12:10 p.m. the Council Meeting adjourned. v ~' i ~~~~ ~~ ~~ Glenda Saul, Secretary 0279R 5-5-86 6 COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO M I N U T E S REGULAR MEETING MAY 19, 1986 11:00 a.m. The Community Development Commission/Redevelopment Agency meeting was called to order at 11:20 a.m. by Acting Chairman Jack Strickler. ROLL CALL Roll Call was taken with the following being present: Members Esther Estrada; Ralph Hernandez; Dan Frazier; Jack Strickler. Absent: Chairman Wilcox, Members Jack Reilly; Steve Marks; Gordon Quiel. STAFF PRESENT Glenda Saul, Executive Director; Allen R. Briggs, Agency Counsel; Sandra A. Lowder, Redevelopment Division Manager; Kenneth J. Henderson, Community Development Division Manager; Lorraine Velarde, Administrative Services Division Manager; Sue Gonzales, Transcribing Secretary. (1) APPROVAL OF COMMISSION MINUTES Community Development Commission Member Hernandez made a motion, seconded by Member Estrada to approve the Community Development Commission minutes of May 5, 1986. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Frazier, Strickler. Noes: None. Absent: Members Reilly, Marks, Quiel. (2) REDEVELOPMENT COMMITTEE MINUTES Community Development Commission Member Frazier made a motion, seconded by Member Estrada to receive and file the Redevelopment Committee minutes of April 24, 1986. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Frazier, Strickler. Noes: None. Absent: Members Reilly, Marks, Quiel. (3) APPROVAL OP CHANGE ORDER N0. 7 6 ACCEPTANCE OF WORK - Mayor and Common Council Member Hernandez made a motion, seconded by Member Estrada to approve Change Order No. Seven to the contract with San-Val Engineering, for the construction of HVAC for the New Central Library, in accordance with Plan No. 6463, to delete maintenance of the entire HVAC system for 365 days after approval and acceptance of the work, at a decrease in contract price of $6,000, from $376,545.33 to $370,545.33. and to approve and accept the work performed by the Contractor, in accordance with Specification No. 6463, and authorize final payment at the expiration of the lien period. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Frazier, Strickler. Noes: None. Absent: Members Reilly, Marks, Quiel. MBMBER QUIEL ARRIVED (4) GWR PROPERTIES, INC. Community Development Commission Member Hernandez made a motion, seconded by Member Estrada to receive and file the report on the Certificate of Compliance for GWR Properties, Inc. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Members Reilly and Marks. (5) LIONEL S. HEELER, OPA - SOUTH VALLE (CERTIFICATE OF COMPLL9NCE) Community Development Commission Member Hernandez made a motion, seconded by Member Quiel to receive and file the report on the Certificate of Compliance for Lionel S. Heller, OPA -- South Valle Project Area. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Members Reilly and Marks. MBMBER MARKS ARRIVED 5/19/86 - 2 - (6) ENTERPRISE ZONE - PROCEDURES and Common Council Community Development Commission Member Marks raised several questions pertaining to the document presented for the Enterprise Zone Procedures and Qualification form. He mentioned that the waiver of fees will have a significant impact on the administrative budget and suggested that verification and approval should be counter-signed and counter-approved by the City Administrator. Member Marks stated that the form mentions benefits in the Enterprise Zone. He suggested the form be very specific and mention that certain benefits only apply to the designated commercial area of the Enterprise Zone and certain benefits in the Industrial area of the zone. Member Marks also suggested that the following areas on the Qualification Form be more specific: .4~~~ , uz vici, 1. Utility Tax Rebate Dam-#St-he Commercial designated area of the Entergnise Zone. .. 2. Utility Tax Rebate Expanding Businesses in the Commercial Designated Area over the base amount only. 3. Fee Exemptions Expanding business located in the Commercial v,.-.~,.,,d ~ Area - base waiver is anything in excess of the base amount. Housing only applys for Infill & Rehabilitation. 4. Housing Fee exemption of planning, engineering and building permit fees only apply to Infill and Rehabilitation. 5. * Rebates & Exemptions for commercial and expanding commercial need to specify that these apply to the first three (3) years of business within the first four (4) years of the zone. 6. Incubator Project Only applies to Commercial and expading commercial. 7. Demolition Program Not intended to use demolition projects is Industrial Park or residential areas. 8. Parking Relief Not intended to provide parking relief in the industrial or residential areas. 5/19/S6 - 3 - 9. Retail Food Market Only market identified was one on Weat Side at Baseline and Muscott. Remove from Industrial, housing and expanding commercial columns - Leave yes is new commercial column. 10. EIR Negative Declaration willbe available in moat instances.- due to EIR's previously certified. 11. Crime Prevention p ~t+a 14G+.C(. .~,aCL tlnfv7/~ tv. vt t ~° ~2..i~`urzv4- ,:~,_ ~ r ~ r {r 2i a'Lyci 6n ~zz ~de6t ~. do . Taw d f~;e~ y1~aYr6rr ~ C,~c~,~,: d, A PrJu"z r[a jq Y.tF~i CL GC~~ c~ ycc 'a~c~- 12. Stay-in-School Applies al`l over c~ty. 13. Appeal Process Item ll2 - Contact the couacilpersoa of your ward -- Not applicable in documentation like this. Applicants should work with staff and if problems cannot be resolved, staff should bring it to full Council. Member Marks made a motion, seconded by Member Frazier to continue this item to the next regularly scheduled meeting of June 2, 1986 to give staff an opportunity to make modifications. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Reilly. (7) APPROVAL OF CHANGE ORDER i4 - MATICH CORPORATION - HUNTS LANE - SOUTH VALLE PROJECT AREA Community Development Commission (a) Member Hernandez made a motion, seconded by Member Quiel to approve Change Order Ik4 with Matich Corporation increasing contract amount from $301,713.02 to $311,097.80. (Increase of $9,384.78). The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Reilly. (b) RESOLUTION N0. 4881 OF THE COMMUNITY DEVELOPMENT COP4IISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND AMENDMENT TO AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AND THE REDEVELOPMENT AGENCY FOR THE CITY OF COLTON, CALIFORNL9, REGARDING PUBLIC IMPROVEMENTS TO HUNTS LANE. The City Clerk read the title of the resolution. 5/19/86 - 4 - Member Quiel made a motion, seconded by Member Strickler to waive further reading of the resolution and that said resolution be adopted. Resolution Number 4881 was adopted by the following vote: Ayes: Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Reilly. (8) SECOND AMENDMENT TO OPA - DORJIL ESTATES Community Development Commission RESOLUTION N0. 4882 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND AMENDMENT TO PROPERTY OWNER'S PARTICIPATION AGREEMENT BETWEEN THE RIDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND DORJIL LTD., AND REPEALING RESOLUTION N0. 4871 -- NORTHWEST REDEVELOPMENT PROJECT AREA. The City Clerk read the title of the resolution. Member Frazier made a motion, seconded by Member Quiel to waive further reading of the resolution and that said resolution be adopted. Resolution Number 4882 was adopted by the following vote: Ayes: Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Reilly. (9) NUTECB - 2ND AMENDMENT TO DISPOSITION & JOINT DEVELOPMENT AGREEMENT - REIMBURSEMENT TO DEVELOPER FOR PUBLIC IMPROVEMENTS Community Development Commission Glenda Saul, Executive Director, stated the Developer requested this item be continued to June 2, 1986. Member Marks inquired about the Agreement between the Agency and Nutech Developers. He expressed his concerns about procedures for repayment and indicated that the audit recommended by the Redevelopment. Committee was the beat way to keep track of each phase as it is completed. Glenda Saul, Executive Director, explained that staff and the developer have negotiated for reimbursement to the developer for certain public improvement costs as prescribed in the original Disposition and Joint Development Agreement. Ms. Saul stated that agreement called for the developer to be reimbursed an amount that would result in a 12% profit to him, not to exceed $3 million. If the developer realizes a profit in excess of 12% from the total development, as determined by the audit, 50% of the excess profit shall be credited against the amount of reimbursement to the developer and will be applied against the promissory notes issued at the completion of each phase. 5/19/86 - 5 - Member Strickler mentioned that this gives the developer an incentive to work harder for the 12% profit. Member Quiel made a motion, seconded by Member Frazier to continue this item to June 2, 1986. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Reilly. (10) BEAUTIFICATION PROGRAM APPLICATION and Common Councll a) RESOLUTION OF THE CITY OF SAN BERNARDINO REVISING THE BEAUTIFICATION PROGRAM OF THE CITY OF SAN BERNARDINO, AND DESIGNATING THE REDEVELOPMENT AGENCY TO ADMINISTER THE PROGRAM. Community Development Commission b) RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION REVISING THE BEAUTIFICATION PROGRAM OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND DESIGNATING THE RIDEVELOPMENT AGENCY TO ADMINISTER THE PROGRAM. The City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Quiel to waive further reading of the resolutions and to continue this item to 2:00 p.m, for further discuaeion. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Reilly. (ll) APPROVING FINAL BOND DOCUMENTS -- CAL SHEL PROJECT Community Development Commission 1) BOND RESOLUTION N0. 4883 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, PROVIDING FOR THE ISSUANCE OF A PRINCIPAL AMOUNT NOT TO EXCEED $25,850,000 OF RIDEVELOPMENT OF THE CITY OF SAN BERNARDINO MULTI-FAMILY MORTGAGE REVENUE BONDS (UNIVERSITY PARK APARTMENT PROJECT) SERIES 1986, ADOPTED AS OF MAY 19, 1986. 5/19/86 - 6 - Documents approving as to form and on file with the secretary: a) Financing Commitment of SCA Tax-Exempt Fund Limited Partnership. b) Loan Agreement. c) First Amended and Restated Regulatory Agreement. and Common Council 2) RESOLUTION N0. 86-175 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNL9, APPROVING THE ISSUANCE BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF AN AGGREGATE PRINCIPAL AMOUNT OF $25,850,000 OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO MULTI-FAMILY MORTGAGE REVENUE BONDS (UNIVERSITY PARK APARTMENT PROJECT) SERIES 1986 AND MAKING CERTAIN DETERMINATIONS RELATING THERETO. Documents approved as to form and on file with the City Clerk: a) Financing Commitment of SCA Tax-Exempt Fund Limited Partnership. b) First Amended and Restated Regulatory Agreement. The City Clerk read the titles of the resolutions. Member Marks made a motion, seconded by Member Hernandez to waive further reading of the resolutions. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Reilly. Member Quiel inquired if there was a Density Bonus clause included in the resolution. Member Marks questioned the Marke[ Feasibility Study and if this will create a market surplus in the northwest sector of the city. Glenda Saul, Executive Director responded that the market analysis was for the city as a whole and not necessarily the northend. She mentioned that if the project goes forward, it could create a surplus. She also stated this project is grandfathered under last year's rules. Member Marks asked the developer to explain why this project is considered an upscale project. Mr. Doug Beatty of Cal Shell spoke to the Commission and described the amenities included in this project. 5/19/86 - 7 - Member Marks inquired as to the significance of the findings by Empire Economics. Glenda Saul, Executive Director, stated that as a policy perspective it says if the project proceeds, this will add to the supply and could create a surplus. It could have an impact on the existing supply if demand does not catch up with the supply. Member Marks asked Bond Counsel to respond if we will be able to induce any other pro~ecta of this nature. Tim Sabo, Bond Counsel, indicated we can continue to induce these, but the concern is with Congress and the Volume Cap. He stated if the Volume Cap is so restrictive, there will be other priorities state-wide to allocate monies for multifamily housing and when that is divided among local communities, each community is going to receive a very minimal amount. MEMBER ESTRADA LEPT THE TABLE. Member Quiel made a motion, seconded by Member Frazier to adopt said resolutions with the waiver of density bonus provision to be included. Resolution Number 4883 and Resolution Number 86-175 were adopted by the following vote: Ayes: Members Hernandez, Quiel, Frazier, Strickler. Noes: Member Marks. Absent: Members Estrada and Reilly. (12) NICHOLSON PAEK BASKETBALL COURTS Mayor and Common Council Glenda Saul, Executive Director, indicated that Item Number 12 was related to Item Number RS-2. Acting Chairman Strickler stated Item Numbers 12 and RS-2 to be heard at this time. (RS-2) APPROVAL OF CHANGE CORNER N0. TWO CONSTRUCTION OF COMMUNITY CENTER IN NICNOLSON PAER, PHR PLAN N0. 6781 - DUNCAN CONSTRUCTION. and Common Council Member Frazier made a motion, seconded by Member Quiel to approve Change Order No. two to the contract with Duncan Construction for the construction of a Community Ceater at Nicholson Park, in accordance with Plaa No. 6781, and to authorize the contractor to construct a basketball court,per Additive Alternate No. One, on a time and materials basis not to exceed an increase in contract price of $22,044.00, from $396,451.00 to $418,495.00 and to approve supplemental CDBG funding at a level not to exceed $22,044 for this purpose. 5/19/86 - 8 - The motion carried by the following vote: Ayea: Members Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Members Estrada and Reilly. MEMBER QUIEL LEFT THE TABLE. MEMBER ESTRADA RETURNED Mayor & Common Council RESOLUTION NOMBER 86-176 OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HUBBS EQUIPMENT AND CONSTRUCTION FOR CONSTRUCTION OF RIO VISTA PARK, PHASE II-A, AND REJECTING THE BID FROM TERRA-CAL CONSTRUCTION, INC. The City Clerk read the title of the resolution. Member Strickler made a motion, seconded by Member Frazier to waive further reading of the resolution and that said resolution be adopted. Resolution Number 86-176 was adopted by the following vote: Ayes: Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Members Reilly and Quiel. MEMBER QUIEL RETUBNED (NEW BUSINESS) EQUIPMENT PURCHASE FOR NICHOLSON PARK COMMUNITY CENTER Kenneth J. Henderson, Community Development Division Manager, explained the purchase of non-expendable personal property with a unit acquisition price of at least $300 and a useful life of at lease one (1) year must have the prior approval of HUD before such purchases can be made. Member Hernandez made a motion, seconded by Member Quiel to approve in principle the reprogramming of CDBG funds, previously allocated to the Nicholson Park Recreation Program, for the purchase of equipment for Nicholson Park Community Center, contingent upon HUD approval. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Reilly. 5/19/S6 - 9 - RECONSIDER ITEM #1 - MINUTES OF MAY 5, 1986 l/1. Member Marks made a motion, seconded by Member Quiel to recondsider Item The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Reilly. Member Quiel indicated that on Page 5 of the Community Development Commission minutes of May 5, 198'6, the Prevailing Wage Issue (Item #RS-4) states that Member Quiel made the motion. He stated that was incorrect, he voted no on the motion. Member Strickler made the motion. Member Quiel made a motion, seconded by Member Marks to approve the minutes of May 5, 1986 as amended. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Reilly. RECESS At approximately 12:10 p.m., the Community Development Commission meeting was recessed to 2:00 p.m. RECONVENE At approximately 4:00 p.m., Acting Chairman Strickler reconvened the meeting of the Community Development Commission. ROLL CALL Roll Call was taken with the following being present: Members Esther Estrada; Ralph Hernandez; Steve Marks; Gordon Quiel; Dan Frazier; Jack Strickler. Absent: Member Jack Reilly. STAFF PRHSENT Glenda Saul, Executive Director; Allen R. Briggs, Agency Counsel; Sandra A. Lowder, Redevelopment Division Manager; Lorraine Velarde, Administrative Services Division Manager; Sue Gonzales, Transcribing Secretary. (10) BEADTIFICATION PROGRAM APPLICATION Member Marks expressed his concerns about limiting the areas available for Beautification assistance. There are other areas that need assistance beyond the downtown corridors. 5/19/86 -lo- He also indicated that the wording in the resolution should clearly state that the policy priorities are established by the Council. Member Quiel made a motion, seconded by Member Frazier continue this item refer to the Redevelopment Committee for a report back to Council on June 2, 1986. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Member Reilly. MBMBERS HERNANDEZ AND QUIEL LEFT THE TABLE CLOSED SESSION Member Marks made a motion, seconded by Member Frazier to recess to closed session under the provision of Government Code Section 54956.9(b)(1) to discuss an item involving threatened litigation where there is significant exposure to litigation againstthe City of San Bernardino and the Community Development Commission of the City of San Bernardino. The motion carried by the following vote: Ayes: Members Estrada, Marks, Frazier, Strickler. Noes: None. Absent: Members Reilly Hernandez, Quiel. MEMBERS HERNANDEZ AND QUIEL RETURNED MEMBERS ESTRADA AND MARKS LEFT THE TABLE ADJOURNMENT At approximately 5:15 p.m., Member Quiel made a motion, seconded by Member Frazier to adjourn the meeting of the Community Development Commies ion to May 27, 1986. The motion carried by the following vote: Ayes: Members Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Members Estrada, Reilly, Marks. /~~~~~ - lG(' Glenda Saul, Secretary 949G 5/19/86 - 11 - COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO MINUTE S REGULAR MEETING June 2 , 1986 11:00 A.M. The Community Development Commissim/Redevelopment Agee cy meeting was called to order at 11:09 a.m., by Chairman Wilcox. ROLL CALL Roll Call was taken with the following being present: Chairman Wilcox, Members Esther Estrada, Ja do Reilly, Ralph Hernandez, Steve Marks, Gordon Qui el, Dan Frazier, Ja do Stri dcler; Sha una Clark, City Clerk. Absent: Nme. STAFF PRESENT Glenda Saul, Executive Director; Allen R. Briggs, Agency Counsel; Sandra A. Lowder, Redevelopment Divisim Manager; Kenneth J. Hendera m, Community Development Divisim Manager; J. Lorraine Velarde, Administrative Services Manager; Rosalie Morales, Recording Secretary. (1) APPROVAL OF COMMISSION MINUTES Community Development Commissi m Member Marks, made a motim, secmded by Member Qui el, to cm tinue the Commissi m Minutes of May 19, 1986 to the next Commissi m Meeting for correctim and clarifi ca tim. The moti m carried by the following vote. Ayes: Member Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Stridcler. Noes: Nme. Abstain: Nme. Absent: Nme. (2) REDEVELOPMENT COMMITTEE MINDTES Community Development Commissim Member Reilly indicated he would abstain m this item due to the fact he was not present for the meeting. Member Stri dcler made a motim, secmde3 by Member Qui el, to receive and file the Redevelopment Committee Minutes of May 22, 1986. The motim carried by the following vote. Ayes: Members Estrada, Hernandez, Marks, Quiel, Frazier, Stri dcler. Noes: Nme. Abstain: Member Reilly. Absent: Nme. 6-2-86 1 (3) CENTRAL CITY COMMERCE CENTER PARKING LEASE--WOOLWORTH BUILDING Community Development Commission RESOLUTION N0. 4884 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND AMENDMENT TO PARKING LICENSE AND EASEMENT WITH OPTION RIGHTS, CENTRAL CITY COMMERCE CENTER (WOOLWORTH BUILDING). The City Clerk read the title of the resolution. Member Stri dcler made a motion, seconded by Member Quiel, to waive and adopt said resolution. The motion carried by the following vote. Ayes: Members Estrada, Reilly, Hernandez, Macke, Quiel, Frazier, Strickler. Noes: None. Abstain: Nose. Absent: None. Mayor and Common Council RESOLUTION N0. 86-192 OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A CONSENT TO A SECOND AMENDMENT TO PARKING LICENSE AND EASEMENT WITH OPTION RIGHTS, CENTRAL CITY COMMERCE CENTER (WOOLWORTH BUILDING). The City Clerk read the title of the resolution. Member Stri dkler made a motion, seconded by Member Quiel, to waive and adopt said resolution. The motion carried by the following vote. Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Stri dcler. Noes: None. Abstain: Nate. Absent: None. MEMBER STRICKLER LEFT THE COUNCIL TABLE. (4) ENTERPRISE ZONE - PROCEDURES Mayor and Common Coun cal Member Marks made a motion, seconded by Member Frazier, to approve the qualification form and pr oce3ur ea created for impl em®ting the F~terprise Zone with an amendment to Page 1 of the Qualification Form to clarify that the Utility Tas and Business Li cease Fee Reba tea were available to "Industrial" during the first year of operation of the business, within the first four years of the Zone. 6-2-86 2 The motion carried by the following vote. Ayes: Members Estrada, Reilly, Hernandez, Marks, Qui el, Frazier. Noes: None. Abstain: None. Absent: Member Strickler. Community Development Commission Member Marks made a motion, seconded by Member Frazier, to approve the qualification form and procedures ¢eated for implementing the Eaterpriae Zone as amended. The motion carried by the following vote. Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Abstain: None. Absent: Member Strickler. (5) BEAUTIFICATION PROGRAM APPLICATION Mayor and Common Coundl RESOLUTION N0. 86-193 OF THE CITY OF SAN BERNARDINO REVISING THE BEAUTIFICATION PROGRAM OF THE CITY OF SAN BERNARDINO, AND DESIGNATING THE REDEVELOPMENT AGENCY TO ADMINISTER THE PROGRAM. The City Clerk read the title of the resolution. Member Hernandez made a motion, seconded by Member Quiel, to waive further reading of the resolution. The motion carried by the following vote. Ayes: Members Estrada, Reilly, Hernandez, Macke, Quiel, Frazier. Noes: None. Abstain: None. Absent: Member Strickler. Member Quiel made a motion, sec¢ded by Member Marks, to adopt said resolution with a modifi mti on being made on Exhibit I to the East/West major corridor by adding Foothill Boulevard next to 5th Street, i.e., Fifth Street/Foothill Boulevard. The motion carried by the following vote. Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Aba fain: None. Absent: Memb ¢ Stri dcl er. Community Development Commission RESOLUTION N0. 4885 OF THE COMMUNITY DEVELOPMENT COMMISSION REVISING THE BEAUTIFICATION PROGRAM OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND DESIGNATING THE REDEVELOPMENT AGENCY TO ADMINISTER THE PROGRAM. The City Clerk read the title of the rea oluti on. 6-2-86 3 Member Hernandez made a motion, seconded by Member Quiel, to waive further reading of said rea olution. The motion carried by the following vote. Ayes: Member Estrada, Reilly, Hernandez, Marka, Quiel, Frazier. Noes: None. Abstain: None. Absent: Member Strickler. Member Quiel made a motion, seconded by Member Marks, to adopt said resolution as amended. The motion carried by the following vote. Ayes: Member Ea trada, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Abstain: None. Absent: Member Stri dcler. (6) NUTECH - 2nd AMENDMENT TO DISPOSITION & JOINT DEVELOPMENT AGREEMENT - REIMBURSEMENT TO DEVELOPER FOR PUBLIC IMPROVEMENTS. Community Development Commission RESOLUTION N0. 4586 OF THE COE4fUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND AMENDMENT TO DISPOSITION AND JOINT DEVELOPMENT AGREEMENT (NU-TECH DEVELOPERS). The City Clerk raid the title of the resolution. Member Marks made a motion, seconded by Member Estrada, to waive further reading of said resolution. The motion carried by the following vote. Ayes: Member Estrada, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Abstain: None. Absent: Member Stridkler. Discussion ensued relating to profits above IZ%. MEMBER STRICKLER RETURNED TO THE COUNCIL TABLE. Member Estrada made a motion, seconded by Member Reilly, to adopt said resolution. The motion carried by the following vote. Ayes: Member Estrada, Reilly, Marks, Quiel, Frazier, Stri dcler. Noes: Member Hernandez. Abstain: None. Absent: None. (7) PUBLIC HEARING STATEMENT OF EXISTING PROGRAMS, PROJECTS AND ACTIVITIES AND EXISTING OBLIGATIONS. Community Development Commission 6 2-86 4 Member Quiel made a motion, seconded by Member Frazier, to continue the Public Hearing on existing program, projects and activities, and existing obligations to June 16, 1986. The motion carried by the following vote. Ayes: Member Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. MEMBER REILLY DID NOT VOTE. (8) COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING Mayor and Common Coundl Member Frazier made a motion, seconded by Member Reilly, to set the Public Hearing for Community Development Blodc Grant Fiscal Year 1986/1987 Program for June 16, 1986. The motion carried by the following vote. Ayes: Member Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. (9) ANALYSIS OF THE EMPLOYMENT AND INCENTIVE ACT (A.B. 514 WATERS BILL) Mayor and Common Coun dl Member Frazier made a motion, seconded by Member Reilly, to elect not to pursue the application process under the Waters Bill as currently structured and, further that full and complete implementation of the Enterprise Zone adopted as part of the Nolan Bill process be reaffirmed by the Mayor and Common Coundl. MEMBER MARKS LEFT THE COUNCIL TABLE. The motion carried by the following vote. Ayes: Members Estrada, Reilly, Hernandez, Quiel, Frazier, Stri dcler. Noes: None. Abstain: None. Absent: Member Marks. (RS-1) MINUTE CHANGES Community Development Division Continued to June 15, 1986 in conjunction with Item No. 1, Regular Agenda. MEMBER MARKS RETURNED TO THE COUNCIL TABLE. (RS-2) OWNER PARTICIPATION AGREEMENT VILLA CIELO APARTMENTS -STATE COLLEGE PRAT ECT AREA. 6 2 -86 5 Community Development Division RESOLUTION N0. 4887 OF THE COMMUNITY DEVELOPMENT CO[MfISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PROPERTY OWNER'S PARTICIPATION AGREEMENT AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, VILLA CIELO, AND THE CITY OF SAN BERNARDINO -- STATE COLLEGE PROJECT AREA. The City Clerk read the title of the resolution. Member Quiel made a motion, seconded by Member Reilly, to waive further reading of said resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marko, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. Member Quiel made a motion, seconded by Member Reilly, to adopt said Res oluti oa. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernand ¢ . Abstain: None. Absent: Nate. Mayor and Common Coun dl RESOLUTION N0. 86-194 OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PROPERTY OWNER'S PARTICIPATION AGREEMENT AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, VILLA CIELO, AND THE CITY OF SAN BERNARDINO. The City Clerk rand the title of the resolution. Member Quiel made a motion, seconded by Member Reilly to waive further reading of the resolution. The motion carried by the Following vote: Ayea: Members Estrada, Reilly, Hernand¢ , Marks, Qui el, Frazier, Stri dcler. Noea: None. Abstain: Nate. Absent: None. Member Quiel made a motion, seconded by Member Reilly, to adopt said r ea oluti on . The motion mrried by the following vote: Ayes: Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Member Hernandez. Abstain: None. Absent: None. (RS-3) AUTHORIZATION FOR UDAG APPLICATION FOR NEW WORLD ENTERPRISE, AUTOMOTIVE SUPFxhtaFirFT 6-2 -86 6 Mayor and Common Council Member Marks made a motion, second ed by Member Quiel to refer this item ba do to the Redevelopment Committee for further study and to report back on June 16, 1986, and further moved that Redevelopment Agency staff and City Staff study the potential development of the Seccombe Lake arm with Coun cilmember Estrada and Coun cilmember Reilly for purposes of considering a planning overlay zone, evaluating both the physical and fiscal impact of this area as it relates to the overall Seccombe Lake Project. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Stri dcler. Noes: None. Abstain: None. Absent: None. (RS-4) AUTHORIZATION TO APPLY FOR AUDAG--WESTSIDE SHOPPING CENTER and Common Council Member Frazier made a motion, seconded by Member Reilly, to instruct the staff to prepare a UDAG application for a shopping center to be located on all or a portion of an 18 a¢e site at the north~st corner of Baseline & Mus cott Streets, Northwest Redevelopment Projects. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. Member Frazier made a motion, seconded by Member Reilly, to seta Public Hearing ~ UDAG application for July 21, 1986, at 11:00 a.m. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: Nose. Community Development Commission Member Frazier, made a motlon, seconded by Member Reilly to authorize staff to prepare a Request for Proposals for the development of all or a portion of an 18 a ¢ e site located at the northwest comer of Baseline & Mus cott, 1f the current developer, Spirit Development, does not desire or cannot meet UDAG ¢iteria. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Stri dcler. Noes: None. Abstain: None. Absent: None. (RS-5) CENTRAL CITY SOUTH STUDY AREA - OVERLAY ZONE AND MORATORIUM EXEMPTION Community Development Commission 6-2-86 7 RESOLUTION N0. 4888 OF THE COMMONITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE REDEVELOPMENT AGENCY OF THE CITY OF STUDY AREA URBAN DESIGN OVERLAY ZONE REPORT CONSULTANT SERVICES. The City Clerk read the title of the resolution. Member Estrada made a motion, seconded by Member Quiel to waive and adopt said resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: None. Absent: None. Member Frazier made a motion, seconded by Member Reilly, to approve the exemption of Central City Business Park from the moratorium which was declared upon all future development within the Central City Study Area. Their exemption being coating®t upon the approval of the Park's development plan by the Study Team and the Planning Departm~t. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Stri dcl er. Noes: None. Abstain: None. Absent: Nose. At ]2:00 p.m. the council recessed until 4:00 p.m. for the Public Hearing on the Uptown Redevelopment Project Area. Glenda Saul, Se¢etary 032 3R 6-2 -86 8 COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO M I N U T E S SPECIAL MEETING June 25, 1986 9:00 A.M. The Community Development Commission/Redevelopment Agency meeting was calle3 to order at 9:10 a.m., by Chairman Wilcox. ROLL CALL Roll Call was taken with the following being present: Chairman Wilcox, Memb era Ralph Hernand ¢ , Steve Marks, Gordon Qui el, Dan Frazier, Ja do Stri dcl er, Shauna Clark, City Clerk. Absent: Members Esther Estrada, Ja do Reilly. STAFF PRESENT Barbara Lindseth, Accounting Division Manager; J. Lorraine Velarde, Administrative Services Manager; Rosalie Morales, Recording Se ¢etary. SET WORKSHOP FOR THE Community Development Commission Member Marks made a motion, seconded by Member Quiel, to set a workshop for Administrative Budget for the Fis a31 Year 1986/1987 on July 28, 1986, at 8:00 a.m. and further authorized the Redevelopment Agency to cm tinue expenditures at budgeted level of 1985/1986 Administrative Budget with allowan ce for in cease in salaries pending final approval of FY 86/87 Budget. The motion carried by the following vote: Ayes: Members Hernandez, Marks, Qui el, Frazier, Strickler. Noes: None. Abstain: None. Absent: Members Estrada, Reilly. ADJOURNED Meeting ad~oumed at approximately 9:20 a.m. '1 ~~~ Glen a Saul, Se¢etary 0378R COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO M I N U T E S REGULAR MEETING JUNE 16, 1986 11:00 A.M. The meeting of the Community Development Commission/Redevelopment Agency was called to order at 11:20 a.m., by Chairman Wilcox. ROLL CALL Roll Call was taken with the following being present: Chairman Evlyn Wilcox; Members Esther Estrada; Jack Reilly; Ralph Hernandez; Steve Marks; Gordon Quiel; Dan Frazier; Jack Strickler. STAFF PRESENT Glenda Saul, Executive Director; Kenneth J. Henderson, Manager, Community Development Division; Sandra Lowder, Manager, Redevelopment Division; Barbara Lindseth, Manager, Accounting Division; Lorraine Velarde, Manager, Administrative Services Division; Lisa Dickey, Community Development Specialist; Allen R. Briggs, Agency Counsel; Leslie A. Bond, Transcribing Secretary. (1) APPROVAL OF COMMISSION MINUTES Community Development Commission a) Member Marks, made a motion, seconded by Member Frazier, to approve the Minutes of May 19, 1986, with the following amendments: On Page three, Item 1/1 should read "Applies to the commercial designated area of the Enterprise Zone" instead of "Only in the commercial designated area of the Enterprise Zone." Page three, Item ll3 should read "Expanding businesses located in the commercial designated area...". On Page four, Item 1111, Member Marks suggested that it read, "Police service centers exist on or around the Mt. Vernon corridor on the west side. New service stations not planned for of he areas or the zone , in or residential areas". The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Nose. b) Member Marks made a motion, seconded by Member Frazier, that the Minutes of June 2, 1986 be continued to July 7, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (2) KEYSER-MARSTON ASSOCIATES, INC., - REPORT Community Development Commission Member Marks made a motion, seconded by Member Estrada, to receive and file the Keyser-Marston Activity Report. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (3) CERTIFICATE OF COMPLIANCE - VARNER-GRESHAM OFFICE BUILDING, SIXTH AND ARROWHEAD STREETS Community Development Commission MemberQuiel made a motion, seconded by Member Strickler, to receive and file Certificate of Compliance. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (4) ITEM HEARD ON SUPPLEMENTAL AGENDA AS RS-1 CHUCK KLNG AND ASSOCIATES - SEIP and Common Council Member Marks made a motion, seconded by Member Reilly, to refer this item back to the Redevelopment Committee. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (6) CENTRAL CITY SOUTH STUDY AREA - OVERLAY ZONE and Common Council RESOLUTION NUMBER 86-245 OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDLNO AND URS CORPORATION FOR CENTRAL CITY SOUTH STUDY AREA URBAN DESIGN OVERLAY ZONE AND ENVIRONMENTAL IMPACT REPORT CONSULTANT SERVICES. The City Clerk read the title of the resolution. Member Estrada made a motion, seconded by Member Quiel, to waive further reading of the resolution and that said resolution be adopted. June 16, 1986 -Z- Resolution Number 86-245 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ITEM DELETED (8) AUDIT PROPOSAL FOR FISCAL YEAR 1985/1986 Community Development Commission RESOLUTION NUMBER 4891 OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A CONTRACT FOR PROFESSIONAL SERVICES WITH EADIE AND PAYNE, CERTIFIED PUBLIC ACCOUNTANTS, FOR THE FISCAL YEAR 1985/1986. The City Clerk read the title of the resolution. Member Frazier made a motion, seconded by Member Strickler, to waive further reading of the resolution and that said resolution be adopted. Resolution Number 4891 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: Nose. Absent: None. (9) PUBLIC HEARING - ASSEMBLY BILL 265 Community Development Commission Member Marks made a motion, seconded by Member Hernandez, to continue the Public Hearing - Assembly Bill 265, to Suly 7, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marke, Quiel, Frazier, Strickler. Noes: None. Absent: None. (10) APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS - TRACK Mayor and Common Council Member Marks made a motion, seconded by Member Quiel, that the plans for construction of chain link fence and concrete curb, in accordance with Plan No. 7012, be approved, and the Director of Public Works/City Engineer be authorized to advertise for bids. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. June 16, 1986 -3- (11) NICHOLSON PARK REPAVING and Common Council Member Marks made a motion, seconded by Member Quiel, to approve supplemental funding in the amount of $2,868.00 and the reprogramming of excess funds under the Nunez and Delmann Heights basketball court resurfacing projects in the amount of $6,332.00 (for a total of $9,200) to finance the repaving o£ Nicholson Park. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. (12) PROPOSED AMENDMENTS TO GUARANTY IN CONNECTION WITH SAN BERNARDINO INDUSTRIES, INC., INDUSTRIAL DEVELOPMENT BOND FINANCING and Common Council RESOLUTION NUMBER 86-246 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN AMENDMENT TO THE GUARANTY IN CONNECTION WITH ITS $3,500,000 CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT REVENUE NOTE OF 1982 (SAN BERNARDINO INDUSTRIES, INC., PROJECT) The City Clerk read the title of the resolution. Member Marks made a motion, seconded by Member Quiel, that further reading of the resolution be waived. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Member Strickler made a motion, seconded by Member Quiel, that the resolution be adopted. Resolution Number 86-246 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Fxazier, Strickler. Noes: None. Absent: None. (13) FISCAL YEAR 1986/1987 COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING and Common Council Chairman Wilcox declared the Public Hearing for the FY 1956/1987 Community Development Block Grant program, officially opened. Kenneth J. Henderson, Manager, Community Development Division, briefed the Mayor and Common Council regarding the evaluation process in determining funding recommendations conducted by the Community Development Citizens Advisory Committee. Mr. Henderson explained that the three (3) categories, comprised of Capital Improvements, Fair Housing and Public Services, were each June 16, 1986 -4- allocated a certain amount of money, and that the proposals were submitted under one or more of the above mentioned categories. At that point, Mr. Henderson gave a synopsis as to what proposals, and their amounts, had been recommended to the Mayor and Common Council for funding by the Citizens Advisory Committee. At this point in time, Chairman Wilcox asked if anyone present in the audience would like to speak with respect to nonprofit Public Services proposals that were not recommended for funding. St. Stephens Ministries Reverend Jessie McKinney of St. Stephens' Ministries, came before the Council to speak regarding his proposal submitted under the above category. Reverend McKinney stated that upon hearing Mr. Henderson's summation of the funding recommendations, he merely wanted to state his hope that funding for his program for the homeless might be considered next year. Easter Seals Society Judy Amores of Easter Seals, spoke to the Council with regard to her proposal. Ms. Amores stated that the purpose of this funding request was to pay program staff salaries and that people involved in the program were currently working on a volunteer basis. Mrs. Amorea asked that the Council reconsider hex proposal. West Side Community Development Corporation Valerie Pope Ludlam, President of West Side Community Development Corporation, stated that West Side CDC has many projects currently underway on the west side, and without this funding, which would be used for salaries, she would not have the staff to implement and see these projects through to fruition. Veterans Alcoholic Rehabilitation Program Ted McMorran of Veterans Alcoholic Rehabilitation Program, urged the Council to reconsider their proposal stating that the program would lose funding commitments from the County if not matched by the City. Mr. McMorran stressed the importance of their project and that if funding could be obtained this year they would not need to come back for funding in the future. RECESS At approximately 12:15 p.m., Chairman Wilcox asked for a motion to recess the meeting until 2:00 p.m., and continue the Public Hearing to 3:00 p.m. Member Marks made a motion, seconded by Member Quiel, to continue the meeting of the Community Development Commission/Redevelopment Ageacy to 2:00 p.m., and to continue the Public Hearing to 3:00 p.m. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. June 16, 1986 -5- RECONVENE MEETING The meeting of the Community Development Commission/Redevelopment Agency was reconvened at 5:20 p.m., by Chairman Wilcox. unr.r. nar.r. Roll Call was taken with the following being present: Chairman Evlyn Wilcox; Members Esther Estrada; Jack Reilly; Ralph Hernandez; Steve Marks; Gordon Quiel; Dan Frazier; Jack Strickler. STAFF PRESENT Glenda Saul, Executive Director; Kenneth J. Henderson, Manager, Community Development Division; Sandra Lowder, Manager, Redevelopment Division; Barbara Lindseth, Manager, Accounting Division; Lorraine Velarde, Manager, Administrative Services Division; Lisa Dickey, Community Development Specialist; Allen R. Briggs, Agency Counsel; Leslie A. Bond, Transcribing Secretary. (13) FISCAL YEAR 1986/1987 COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING Item was reopened for discussion. Veterans Alcoholic Rehabilitation Program Member Quiel made a motion, seconded by Member Reilly, directing staff to assist V.A.R.P. with a rehabilitation loan of $50,000, and further that staff notify the County that the City is participating in the funding of the V.A.R.P. Program, so the County will go forward with $50,000 in matching funds. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. San Bernardino Community Against Drugs Jeri Simpson, volunteer representative for San Bernardino Community Against Drugs requested the Council to reconsider funding her proposal with a specific funding allocaton rather than from the anticipated Police Department salary savings as was contemplated. Discussion ensued regarding the above request. Member Estrada made a motion, seconded by Member Hernandez, that the San Bernardino Community Against Drugs be funded out of the City's General Fund in the amount of $44,500. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. June 16, 1986 -6- Subcommittee fox Revitalization o£ Downtown "E" Street Member Estrada spoke with regard to a proposal submitted by the Subcommittee for Revitalization for Downtown "E" Street and their request for $2,000 for architectural fees for renderings. Ms. Estrada felt that to expend the money for renderings without funds to see this project through to fruition was an unnecessary expense. Ms. Irmi Blum, representative for the Subcommlttee for the Revitalization for Downtown "E" Street, stated her reasons as to why this project should be funded. Member Marks left the Council Table. After some discussion it was suggested that this item be deleted and referred to the Joint Powers Authority of Greater San Bernardino. Member Estrada made a motion, seconded by Member Hernandez, that the proposal for funding in the amount of $2,000 for Subcommittee for Revitalization for Downtown "E" Street be deleted from the funding recommendations and be referred to the Joint Powers Authority for Greater San Bernardino. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Member Marks. Easter Seals Soclety Ms. Judy Amores of the Easter Seals Society, provided some background information regarding the status of their program and stated the reasons that funding for this program was necessary. Member Strickler made a motion, seconded by Member Quiel, to fund the Easter Seals Society in the amount of $20,000. The motion failed by the following vote: Ayes: Members Reilly, Quiel, Strickler. Noes: Members Hernandez and Frazier. Absent: Member Marks. Abstained: Member Estrada. St. Stephens Ministeries Reverend McKinney of St. Stephens Ministries, a staff psychologist and and his Administrative Assistant, Mr. Mitchell, came before the Council to urge them once again to reconsider their proposal. Member Frazier made a motion that St. Stephens Ministries be funded in the amount of $10,000, but the motion died due to lack of a second. Highland District Council on Aging Member Frazier made a motion, seconded by Member Quiel, that the Highland Council on Aging be funded in the amount of $30,000. June 16, 1986 -7- The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Marks. Inland Counties Regional Center Darlene Robinson of Inland Counties Regional Center, addressed the Council regarding the Agency's location in the City of Colton and the services to be provided to San Bernardino residents. Discussion ensued. Member Hernandez made a motion, seconded by Member Estrada, that Inland Counties Regional Center be funded in the amount of $50,000. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Member Marks. Rolling Start, Inc. - Family Service Agency Member Hernandez made a motion, seconded by Member Reilly, to fund Rolling Start, Inc., in the amount of $10,000 for their Lifeline Program, $5,590 for their Deaf Services Program and Family Service Agency in the amount of $68,000. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Member Marks. West Side Community Development Corporation Member Frazier made a motion, seconded by Member Hernandez, to fund West Side Community Development Corporation in the amount of $40,000. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Frazier,. Noes: Members Quiel and Strickler. Absent: Member Marks. Member Quiel inquired if anyone present wished to speak to the issue of funding awards for the Capital Improvements category. Capital Improvement Projects Member Quiel made a motion, seconded by Member Reilly, to fund the YWCA of San Bernardino in the amount of $51,566, the Center for Individuals with Disabilities in the amount of $20,000, American Youth Soccer Organization in the amount of $48,784 and Home of Neighborly Services in the amount of $1,700. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Member Marks. Member Hernandez made a motion, seconded by Member Estrada, to fund the Public Works Department for their Downtown Underground Utility District and June 16, 1986 -S- street lighting program in the amount of $78,400 at Fifth and Third Streets, Waterman avenue and Sierra Way, and Mt. Vernon Avenue Street Lighting project from 9th to 21st Streets in the amount of $145,500. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Member Marks. RIO VISTA PARK - INLAND MEDIATION - COMMUNITY HOUSING RESOURCES BOARD Annie Ramos, Director Parks, Recreation and Community Services spoke to the Council regarding planned improvements at Rio Vista Park if funding is approved. Member Frazier made a motion, seconded by Member Quiel and unanimously carried to decrease the two fair housing allocations by $5,000 a piece for Inland Mediation Board and Community Housing Resources Board, and to reduce the allocation to Rio Vista Park by $3,590. Handicap Accessibility at City Parks Member Quiel made a motion, seconded by Member Hernandez, to fund the Parka, Recreation and Community Services Department for the development of handicap accessibility at Blair, Delmann Heights, Ruben Compos, Perris Hill and Highland Field City parks in the amount of $44,050. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Member Marks. Perris Hill Park - Senior Center Design Member Quiel made a motion, seconded by Member Hernandez and unanimously carried that the Perris Hill Park Senior Center Design be funded at $60,000. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Member Marks. Patton Park Annie Ramos, Director o£ Park, Recreations and Community Services, spoke to the Council with regard to Patton Park. Ms. Ramos stated that in the City's Agreement with the State relative to the acquisition of the land, the agreement stipulated that if the City did not show a good faith in developing the land, said land would be returned to the State and the City would lose its investment. Member Quiel made a motion, seconded by Member Strickler, that staff from the Redevelopment Agency and Parks, Recreation and Community Services Department be directed to review FY 85/86 Community Development Block Grant funds for possible development of Patton Park and that Parka, Recreation and Community Services be directed to prepare a report showing the amount invested June 16, 1986 -9- in Patton Park, the cost of development and the amount o£ money the city would lose if development does not take place prior to March, 1987. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: Member Hernandez. Absent: Member Marks. Members Estrada and Frazier left the Council Table. Member Quiel made a motion, seconded by Member Reilly, to close the Public Hearing and authorize Agency staff to submit the City of San Bernardino Statement of Objectives and Pro3ected Use of Funda to the U.S. Department of Housing and Urban Development. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Members Estrada, Marks and Frazier. UPTOWN SECOND READING - ORDINANCE ADOPTING THE REDEVELOPMENT PLAN - and Common Council FINAL READING: ORDINANCE NUMBER MC 527 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AND ADOPTING THE RIDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT. The City Clerk read the title of the Ordinance. Member Reilly made a motion, seconded by Member Hernandez, to waive further reading of the Ordinance and that said Ordinance be adopted. Ordinance Number MC-527 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Members Marks and Frazier. (RS-2) IDISON LICENSE AGREEMENT - VILLA CIELO APARTMENTS - STATE COLLEGE Mayor and Commoa Council Member Quiel made a motion, seconded by Member Strickler, authorizing the Mayor and Common Council to execute a license agreement between the City of San Bernardino and Southern California Edison regarding that parcel of property identified as Parcel 4 of Parcel Map 5223, Book 51, Pages 71-72. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Members Marks and Frazier. June 16, 1986 -10- (RS-3) FIFTH AMENDMENT TO SPONSOR DEVELOPMENT CONTRACT - RHCP - DORJIL ESTATES Mayor and Common Council RESOLUTION NUMBER 86-248 OF THE CITY OF SAN BERNARDINO, OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE EXECUTION OF A STANDARD AGREEMENT AND ANY RELATED DOCUMENTS WITH THE STATE OF CALIFORNIA FOR THE IMPLEMENTATION AND PARTICIPATION IN THE RENTAL HOUSING CONSTRUCTION PROGRAM, IN THE FORM OF A FIFTH AMENDMENT TO CONTRACT 80-RHC-003. The City Clerk read the title of the resolution. Member Strickler made a motion, seconded by Member Quiel, to waive further reading of the resolution and that said resolution be adopted. Resolution Number 86-248 was adopted by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Members Marks and Frazier. (RS-4) SECCOMBE LAKE REPORT Mayor and Common Council Member Reilly made a motion, seconded by Member Quiel, to receive and file the Seccombe Lake report. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Members Marks and Frazier. ADOPTION OF THE Community Development Commission YEAR Member Quiel made a motion, seconded by Member Reilly, to receive the Fiscal Year 1986/1987 Administrative Budget and further, to continue the setting the of workshop to 8:00 a.m., Friday, June 20, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Members Marks and Frazier. (RS-6) INDUCEMENT RESOLUTIONS AND TEFRA PUBLIC HEARINGS EXPIRATION - VARIOUS PROJECTS Mayor and Common Council Member Quiel made a motion, seconded by Member Reilly, allowing the Inducement and TEFRA multifamily IDB resolutions to expire in accordance with the multifamily IDB policy adopted by the Mayor and Common Council on December 23, 1985. Further, directing staff and Empire Economics to develop policy June 16, 1986 -11- alternatives relative to the review, evaluation and approval o£ multifamily bond application in accord with the recently adopted Comprehensive Housing Policy and to bring said alternatives back to the Mayor and Common Council. A D.Tf111R NMRNT At approximately 7:15 p.m., Member Quiel made a motion, seconded by Member Reilly, to adjourn the meeting of the Community Development Commission/Redevelopment Agency to 8:00 a.m., June 20, 1986. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Members Marks and Frazier. ~~~ ~~ GLENDA SAUL, EXECUTIVE DIRECTOR 1154E 6/16/86 June 16, 1986 -12-