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11-07-1994 CDC Minutes
MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MINUTES REGULAR MEETING November 7, 1994 11:00 a.m. The Regular Meeting of the Mayor and Common Council,and the Community Development Commission was held in the Council Chambers,City Hall.300 North"D"Street, San Bernardino,California and called to order by Mayor Tom Minor at approximately 11:01 a.m.,on Monday,November 7, 1994. ROLL CALL Roll call was taken with the following members present: Chairman Tom Minor;Commission Members Edward Negrete;Dr.F.J.Carlin;Ralph Hernandez;David Oberhelman;Valerie Pope-Ludlam;and Norine Miller. Absent: Commission Member Jerry Devlin. STAFFPRESENT Timothy C.Steinhaus,Administrator,Economic Development Agency; Barbara J.Lindseth,Acting Executive Director,Development Department; Stafford W.Parker,Deputy Director,Development Department;Dennis Barlow,Senior Assistant City Attorney;Lorraine Velarde,Executive Assistant to the Mayor;Phil Arvizo,Executive Assistant to the Council; Rachel Clark,City Clerk;Suzanua Cordova,Deputy City Clerk;La Vonda M-Pearson,Recording Secretary,Development Department. OTHERSINATTENDANC Timothy Sabo,Agency Counsel,Sabo and Green. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA Jeff Wright,P.O. Box 2341,San Bernardino,CA,made comments regarding the amount of time given for citizens to speak during public comments. COMMISSION MEMBER POPE-LUDLAM WAS EXCUSED AT 11:02 A.M. COMMISSION MEMBER POPE-LUDLAM RETURNED AT 11:03 A.M. Gary Kirby, 1505 Yardly,San Bernardino,CA,expressed his concerns regarding the limited amount of time for public comments. ' REGULAR MEETING COMMISSION MINUTES +( TCS:Imp:cminl lrl 1 November 7, 1994 I I CCONSENT CALENDAR ............°......--"-- Items numbered"1", "4", "5","6", "7", "9", "10", "11", "12", "13"and"14"were requested to be removed from the Consent Calendar. Commission Member Oberhelman made a motion,seconded by Commission Member Miller, that the Consent Calendar items numbered"1"through"14"be adopted except for items numbered"I","4", "5", "6", "79 "9", "10","11", "12", "13"and"14",respectively. The motion carried by the following vote: Ayes: Commission Members Negrete;Curtin; Hernandez;Oberhelman;Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Commission Member Devlin. 2. REDEVELOPMENT COMMITTEE MINUTES (Community Development Commission) Commission Member Oberhelman made a motion,seconded by Commission Member Miller,that the minutes of the Redevelopment Committee of the City of San Bernardino for the meetings of August 4, 1994; August 25,1994;September g,1994; September 29,1994,be received and filed as submitted in (� typewritten form. `,•f• The motion carried by the following vote: Ayes: Commission Members Negrete;Curtin; Hernandez;Oberhelman;Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Commission Member Devlin. Public Works 3. SPORTS &SECURITY LIGHTING FOR ENCANTO PARK fMayor and Common Council) Councilman Oberbebnan made a motion,seconded by Councilwoman Miller,that the following resolution be approved and adopted: RESOLUTION NUMB1i9 94341 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ELECTRO CONSTRUCTION CORPORATION FOR UPGRADING SPORTS AND SECURITY LIGHTING FOR ENCANTO PARK. © REGULAR MEETING COMMISSION MINUTES TCS:Imp:cadnllrl 2 November7, 1994 g . 7 The motion carried by the following vote: Ayes: Council Members Negrete;Carlin;Hernandez; Oberhelman;Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Councilman Devlin. 8. COMMUNITY CALENDAR AND QUARTERLY NEWSLETTER (Communityw_plupment Commission) Commission Member Oberhelman made a motion,seconded by Commission Member Miller, to award the contract to Crown Printers of San Bernardino for production of the 1995 City Calendar and Quarterly Newsletters as outlined in the attached staff report. The motion carried by the following vote: Ayes: Commission Members Negrete;Curtin; Hernandez;Oberhelman;Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Commission Member Devlin. 1. COMMUNITY DEVELOPMENT OMMI ION MINUTES (Community Development Commission) Timothy C.Steinhaus,Administrator,Economic Development Agency,requested the minutes for the meeting of September 28, 1994, be continued. Commission Member Hernandez made a motion,seconded by Commission member Oberbelman, that the minutes of the Community Development Commission of the City of San Bernardino for the meeting of September 28, 1994, be continued. The motion carried by the following vote: Ayes: Commission Members Negrete;Curlin; Hernandez; Oberhelman;Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Commission Member Devlin. Development Department 5. INFH.L HOUSING DEVELOPMENT PROGRAM (Community Development Commission) Timothy C. Steinhaus, Administrator,Economic Development Agency,commented on previous discussions held regarding the amount of new homes in the City versus existing track homes in need of repair. Mr.Steinhaus explained that the Agency has programs available for both needs. Commission Member Curtin recommended placing small parks in vacant lots rather than new housing. © REGULAR MEETING COMMISSION MINUTES TCS:Imp:cminIIrl 3 November 7, 1994 3 Chairman Minor explained that it was not economically feasible for the City to place parks in vacant lots due to maintenance. Jeff Wright,P.O. Box 2341,San Bernardino,CA,believed the City should consider placing small parks in empty lots for children within the City. Timothy C.Steinhaus,Administrator,Economic Development Agency,explained that this item was inadvertently placed on the agenda,and that it was previously approved on October 17, 1994. Commission Member Oberhelman made a motion,seconded by Commission Member Miller,that this matter be tabled. The motion carried by the following vote: Ayes: Commission Members Negrete;Carlin; Hernandez;Oberhelman;Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Commission Member Devlin. 6. MORTGAGE ASSISTANCE PRO AM (Community Development Commission) Timothy C.Steinhaus,Administrator,Economic Development Agency,explained that this item was inadvertently placed on the agenda,and that it was previously approved on October 17, 1994. CCommission Member Oberhelman made a motion,seconded by Commission Member Miller,that this matter be tabled. The motion carried by the following vote: Ayes: Commission Members Negrete;Curlin; Hernandez;Oberhelman;Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Commission Member Devlin. 7. RA12ISSON HOTEL-CONSENT OF ASSIGNMENT AND TRANSFER (Community Development Commission) Timothy C.Steinhaus,Administrator,Economic Development Agency,explained that this item was inadvertently placed on the agenda,and that it was previously approved by the Commission on October 17, 1994. Commission Member Oberhelman made a motion,seconded by Commission Member Miller,that this matter be tabled. The motion carried by the following vote: Ayes: Commission Members Negrete;Carlin; Hernandez;Oberhelman; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent Commission Member Devlin. ® REGULAR MEETING COMMISSION MINUTES TCS:hnp:cminllrl 4 November 7, 1994 9. EXTENSION OF AUTHORITY TO CONTRACT FOR SECURITY SERVICES AT ARROW VISTA TA C DIVISION (Community Development Commission) Commission Member Oberhelman questioned the status of the home sales at Arrow Vista. Timothy C. Steinhaus,Administrator,Economic Development Agency,explained that seven(7) homes had been sold to date and the Agency had been reimbursed$700,000. Mr.Steinhaus explained the continued need for security at the site due to the amount of vandalism done to the homes on the lot He staled that it was less expensive for the Agency to provide security for the homes rather than repairing them after vandalism. Commission Member Miller made a motion,seconded by Commission Member Curtin,to approve a ninety(90)day extension to the existing contract and purchasing authority with Mega Forces Security not to exceed$25,000;further that Agency staff be authorized to pay for prior services rendered in the amount of $36,744;and that Agency staff be authorized to request bids for security services. The motion carried by the following vote: Ayes: Commission Members Negrete;Curtin; Hernandez;Oberhelman;Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Commission Member Devlin. C4. ADVERTISE FOR BIDS-CONSTRUCTION OF HANDICAP RAMPS AND SIDEWALK WIDENING AT VARIOUS LOCATIONS (Mayor and Common Council) Councilman Oberhelman questioned how projects were selected for repair. Roger Hardgrave,Director of Public Works,explained that the Departmem of Public Works maintains a running list of complaints received regarding ramps and sidewalks. He stated that the areas of complaints are normally repaired on a first serve basis unless otherwise instructed by the Council. Councilwoman Miller made a motion,seconded by Councilman Hernandez,that the plans for construction of handicap ramps and sidewalk widening at various locations, in accordance with Plan No. 9170,be approved;and the Director of Public Works/City Engineer be authorized to advertise for bids. The motion carried by the following vote: Ayes: Commission Members Negrete;Curtin; Hernandez;Oberhelman;Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Commission Member Devlin. REGULAR MEETING COMMISSION MINUTES TCS:hnp:cminilrl 5 November 7, 1994 O 10. MEGA FORCES SECURITY-EXTENSION OF AUTHORITY FOR SECURITY SERVICES AT NEW CENTRAL POLICE STATION (Community.Development Commission) Commission Member Hernandez made a motion,seconded by Commission Member Miller,to approve and authorize staff solicitation of security service bids and a ninety(90)day extension of the authority to pay Mega Forces Security,the firm currently providing security services at the New Central Police Station site,as well as Pacific Federal buildings"A"and'B"at an amount not to exceed$15,000 in addition to the payment of$2,700 currently due and owing Mega-Forces for services rendered;also that the Development Department budget be increased accordingly. Stafford W.Parker,Deputy Director.Development Department,explained the need for security at the central police station site. He stated that it was not necessary to have 24 hour security at the police station because it was a busy site. The motion carried by the following vote: Ayes: Commission Members Negrete;Carlin; Hernandez;Oberhelman;Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Commission Member Devlin. 11. INLAND PLAZA -INDUSTRIAL DEYELOMENT BOND REEINANCIN . (Mayor and Common Council) �j Councilman Hernandez made a motion,seconded by Councilwoman Pope-Ludlam,to continue the T.E.F.R.A.hearing until Monday,November 21, 1994,at 11:00 a.m.,for the$2.35 million refinancing of the Inland Plaza project by the issuance of Industrial Development Bonds by the City of San Bernardino, Councilman Oberhelman commented on the financial information of the owners listed in the staff report. He also questioned the occupancy rate of the plaza. COUNCILMAN HERNANDEZ WAS EXCUSED AT 11:44 A.M. Timothy Sabo,Agency Counsel, Sabo and Green,discussed the proposed bond refinancing for this project. He commented on the various deeds of trust on the project indicating that the bond issuer would have first position on the loan. Councilman Oberhehman recommended the Council not proceed with this item until they receive further information on the financial status of the project. Mr. Sabo explained that he would be reviewing a preliminary title report on this item to obtain further information. COUNCILMAN HERNANDEZ RETURNED AT 11:48 A.M. COUNCILWOMAN MILLER WAS EXCUSED AT 11:49 A.M. REGULAR MEETING COMMISSION MINUTES TCS:hnp:cminl lrl 6 November 7, 1994 3 The motion carried by the following vote: Ayes: Commission Members Negrete;Carlin; Hernandez;Oberhelman;Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Commission Member Devlin;Miller. 12. TESTING ND INSPECTION SERVICES -CENTRAL POLICE STATION (Community Development Commission) COMMISSION MEMBER MILLER RETURNED AT 11:52 A.M. Commission Member Oberhelman made a motion, seconded by Commission Member Hernandez,to authorize the Acting Executive Director to draft and execute a contract for materials testing and special inspection with United Inspection and Testing Company in an amount not to exceed$60,000. Stafford W.Parker,Deputy Director,Development Department,discussed the use of MBE/WBE participation on this project. The motion carried by the following vote: Ayes: Commission Members Negrete;Carlin; Hernandez:Oberhelman;Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Commission Member Devlin. C 13. AUTHORIZED CHECK SIGNERS AND APPOINTMENT OF SECRETARY AND ASSISTANT SECRETARY OF COMMISSION (Community Development Commission) Commission Member Oberhelman made a motion,seconded by Commission Member Negrete,that the following resolutions be approved and adopted: RESOLUTION NUMBER 5412 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE APPOINTMENT OF TIMOTHY C.STEINHAUS AS SECRETARY OF THE COMMISSION AND BARBARA J.LINDSETH AS ASSISTANT SECRETARY OF THE COMMISSION,AND REPEALING RESOLUTION NO.5271. RESOLUTION NUMBER 5413 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DESIGNATING CHECK SIGNERS AND COUNTER SIGNERS FOR REDEVELOPMENT AGENCY OR ECONOMIC DEVELOPMENT AGENCY CHECKS AND VOUCHERS;AND REPEALING RESOLUTION NO. 5369. Timothy C.Steinhaus,Administrator,Economic Development Agency,explained that this would be temporary until the new Executive Director position within die Agency was filled. REGULAR MEETING COMMISSION MINUTES TCS:Imp:cminllrl 7 November 7, 1994 Barbara J.Lindseth,Acting Executive Director,Development Department,explained the check signing process for the Agency. Commission Member Pope-Ludlam requested the Commission recessed to closed session to discuss issues relating to this item. Discussion ensued regarding the confidentiality of the Agency's management audit. Chairman Minor stated that the management audit was not confidential and that it was available for public review. Commission Member Carlin questioned whether or not the Agency was taking measures to eliminate potential losses as indicated in the audit. Mr. Steinhaus indicated that all processing of rehabilitation loans had stopped until authorization by the Council. Commission Member Hernandez recommended the Commission review this item in two weeks and that a Commission Member along with staff and the Mayor,be authorized to sign the checks of the Agency. The motion carried by the following vote: Ayes: Commission Members Negrete;Carlin; Hernandez;Oberhelman;Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Commission Member Devlin. RECESSED MEETING At 12:02 p.m.,Chairman Minor recessed the meeting of the Mayor and Common Council and the Community Development Commission until 2:30 p.m. MEETING RECONVENED Al 2:38 p.m.,the meeting of the Mayor and Common Council and the Community Development Commission was called to order. ROLL CALL Roll call was taken with the following members present: Chairman Tom Minor;Commission Members Edward Negrete;Dr.F.J.Curlin;Ralph Hernandez;David Oberhehnan;Valerie Pope-Ludlam;and Norine Miller. Absent: Commission Member Jerry Devlin. © REGULAR MEETING COMMISSION MINUTES TCS:Imp:cminllrl 8 November 7, 1994 STAFF PR_F.SENT Timothy C.Steinhaus,Administrator,Economic Development Agency; Barbara J.Lindseth,Acting Executive Director,Development Department; Stafford W.Parker,Deputy Director,Development Department;Dennis Barlow,Senior Assistant City Attorney;Lorraine Velarde,Executive Assistant to the Mayor;Phil Arvizo,Executive Assistant to the Council; Rachel Clark,City Clerk;Suzann Cordova,Deputy City Clerk;La Vonda M-Pearson,Recording Secretary,Development Department. OTHERS IN ATTENDANCE Timothy Sabo,Agency Counsel,Sabo and Green. 14. BEST BUY FINANCIAL ASSISTANCE fCommunity Development Commission) Timothy C. Steinhaus,Administrator,Economic Development Agency,explained that Best Buy was an electronics store that planned to locate in the Tri-City redevelopment area. He stated that the facility would be 59,000 square feet with approximately 200 employees. Mr.Steinhaus explained the terms of the assistance stating that if approved,the Agency would give Best Buy$20,000 at the end of each year for five(5)years. He also indicated that if Best Buy leaves the area before five(5)years,they must repay the Agency for all the assistance it has received. Commission Member Oberhelman made a motion,seconded by Commission Member Miller, to approve a$100,000 assistance package to Best Buy in accordance with the terms and conditions set forth in the staff report;further, that the Executive Director be authorized to execute an Owner Participation Agreement with Best Buy and all other implementing documentation;finally,that the Agency budget be increased accordingly. The motion carried by the following vote: Ayes: Commission Members Negrete;Carlin; Hernandez; Oberbelman;Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Commission Member Devlin. END OF CONSENT CALENDAR 15. HUD SECTION 108 LOAN APPLICATION -40TH STREET SHOPPING CENTER OPEN PUBLIC HEARING (Mayor and Common Council) Stafford W.Parker,Deputy Director,Development Department,gave a brief overview of this item commenting on the various number of owners of the property. He commented on the difficulty negotiating with the eight(8)owners of the property. REGULAR MEETING COMMISSION MINUTES TCS:Imp:cminl lrl 9 November 7, 1994 , 3 Mr.Parker also discussed the number of jobs that would be retained and created if the loam is approved. COUNCILMAN CURLIN WAS EXCUSED AT 2:56 P.M. COUNCILWOMAN MILLER WAS EXCUSED AT 2:56 P.M. Jeff Wright,P.O.Box 2341,San Bernardino,made comments regarding the revitalization of the area. COUNCILMAN CURLIN RETURNED AT 2:57 P.M. Christina Twing,4286 Pershing Avenue, San Bernardino,commented on the deterioration of the 40th Street Shopping Center and the park becoming a homeless shelter and housing gang activity. She staled that the longer this item was prolonged, the more expensive the revitalization of the park would become. COUNCILWOMAN MILLER RETURNED AT 2:57 P.M. CLOSE PUBLIC HEARING Councilman Oberhehnan made a motion,seconded by Councilwoman Pope-Ludlam,to close the public hearing. The motion carried by the following vote: Ayes: Commission Members Negrete;Carlin; Hernandez;Oberhehnan; Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Commission Member Devlin. Councilman Oberhelman made a motion,seconded by Councilwoman Miller,to approve the U. S. Department of Housing and Urban Development(HUD) Section 108 Loan Application for the 40th Street Shopping Center project,and authorize the Mayor and Executive Director to execute all necessary documents and further authorize staff to submit said application to HUD. The motion carried by the following vote: Ayes: Commission Members Negrete;Carlin; Hernandez;Oberhehnan;Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Commission Member Devlin. 16. HOLIDAY OLDSMOBILE LAND ACQUISITION OPEN PUBLIC HEARING (Mayor and Common Council) Jeff Wright,P. O.Box 2341,San Bernardino,questioned the need for this loan. Mayor Minor explained that the loan for this project must be done through the Inland Valley Development Agency(IVDA)since it is located in the 1VDA project area. REGULAR MEETING COMMISSION MINUTES TCS:lmp:cminl lrl 10 November 7, 1994 Q V C CCLOSE PUBLIC HEARING Councihnan Oberhelman made a motion,seconded by Councilman Negrete,to close the public hearing. The motion carried by the following vote: Ayes: Commission Members Negrete;Curlin; Hernandez;Oberhelman;Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Commission Member Devlin. Councilwoman Pope-Ludlam made a motion,seconded by Councilman Oberbehnan,that the following resolution be approved and adopted: RESOLUTION NUMBER 94-344 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,CALIFORNIA,APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT OF THE CITY OF SAN BERNARDINO AND HOLIDAY OLDSMOBILE. The motion carried by the following vote: Ayes: Council Members Negrete;Curtin;Hernandez; Oberhelman;Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Councilman Devlin. (Community Development Commission) Commission Member Pope-Ludlam made a motion, seconded by Commission Member Oberhelman, that the following resolutions be approved and adopted: RESOLUTION NUMBER 5414 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO,CALIFORNIA, APPROVING A CERTAIN AGREEMENT REGARDING THE ALLOCATION AND PAYMENT OF TAX INCREMENT REVENUES. RESOLUTION NUMBER 5415 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO,CALIFORNIA,APPROVING A CERTAIN AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS(HOLIDAY OLDSMOBILE). RESOLUTION NUMBER 5416 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO,ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND HOLIDAY OLDSMOBILE. REGULAR MEETING COMMISSION MINUTES TCS:hnp:cminllrl 11 November 7, 1994 0 0 The motion carried by the following vote: Ayes: Commission Members Negrete;Carlin; Hernandez;Oberhelman;Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Commission Member Devlin. 17. ENVIRONMENTAL ASSESSMENT-SOUTHERN PACUIC PACIFIC LA_ (Community Development Commission) Commission Member Oberhehnan made a motion,seconded by Commission Member Miller,to authorize the Agency Administrator to execute an agreement with Southern Pacific Railroad Company to retain ERM West,Inc.,for an expanded phase 11 environmental assessment,whereby the Agency provides one-half the cost of the environmental assessment,not to exceed$80,000 with the amount to be deducted from the final purchase price. Commission Member Hernandez expressed concern regarding potential contamination on the property and the cost for clean-up. The motion carried by the following vote: Ayes: Commission Members Negrete;Carlin; Oberhelman;Pope-Ludlam;Miller. Noes: Commission Member Hernandez. Abstain: None. Absent: Commission Member Devlin. 18. CHANGE OF COMMISSION MEETING T F (Community Development Commission) Jeff Wright,P.O.Box 2341,San Bernardino,commented on the amount of time to be given for public comments if both the Community Development Commission and the Mayor and Common Council are convened at the same time. Commission Member Pope-Ludlam discussed the capability of convening all meetings at 8:00 a.m. Commission Member Oberhehnao commented on the behavior of various citizens when speaking on public comments. Commission Member Carlin made a motion,seconded by Commission Member Oberhelman,to table this matter. The motion carried by the following vote: Ayes: Commission Members Negrete;Carlin; Hernandez;Oberhelman. Noes: Commission Members Pope-Ludlam;Miller. Abstain: None. Absent: Commission Member Devlin. REGULAR MEETING COMMISSION MINUTES TCS:Imp:cminllrl 12 November 7, 1994 _ 19. EDA MEETING CONFIGURATION (Community Development Commission) (Councilman Dr. rlin's Recommendation) Commission Member Carlin commented on the inappropriateness of four(4)chairs at the dais rather than the normal three(3). He explained that only the EDA Counsel should be present at the dais during Commission Meetings. Richard Morillo,Deputy City Attorney,explained that the meeting being held was a joint meeting of the Mayor and Common Council and the Community Development Commission;therefore,the City Attorney's Office should be present to act as legal counsel on behalf of the Mayor and Common Council. Jeff Wright,P.O.Box 2341, San Bernardino, spoke in favor of the City Attorney's Office being present at the meetings. Commission Member Oberhelman made a motion,seconded by Commission Member Miller,to provide the Agency Counsel with a comfortable char at the dais. The motion failed by the following vote: Ayes: Commission Members Oberhelman;Miller; Noes: Commission Members Negrete; Curtin;Hernandez;Pope-Ludlam. Abstain: None. Absent: Commission Member Devlin. Commission Member Carlin made a motion,seconded by Commission Member Pope-Ludlam,that L.. during the course of EDA Chairman/Commission meetings, the so-called"Brown Agenda",the three central dais positions will be occupied by City Clerk(or her assignee),EDA Agency Administrator(or his assignee), and the EDA attorney(or his assignee)only. The motion carried by the following vote: Ayes: Commission Members Negrete;Carlin; Hernandez;Pope-Ludlam. Noes: Commission Members Oberhelman;Miller. Abstain: None. Absent: Commission Member Devlin. Commission Member Carlin made a motion,seconded by Commission Member Pope-Ludlam,that during the course of EDA meetings("Brown Agenda")that portion of the meeting designated as Closed Session,the only attendees besides the Chairman and Commission plus the City Clerk,and/or his assignee(s), will be those specifically admitted by majority vote of the Commission. The motion carried by the following vote: Ayes: Commission Members Negrete;Carlin; Hernandez;Pope-Ludlam. Noes: Commission Members Oberhelnan;Miller. Abstain: None. Absent: Commission Member Devlin. REGULAR MEETING COMMISSION MINUTES TCS:hnp:cminllrl 13 November 7, 1994 IS 20. REDEVELOPMENT PROJECT (Community Development Commission) (Councilman Hernandez'Recommendation) Commission Member Hernandez expressed concern regarding accusations being made in the community about the Council wasting taxpayers dollars. He commented on various projects that the Council assisted over previous yeas and the positive results of that assistance. He encouraged citizens to verify accusations of the public/press before coming to negative conclusions about the Council. COMMISSION MEMBER POPE-LUDLAM WAS EXCUSED AT 4:19 P.M. COMMISSION MEMBER CURLIN WAS EXCUSED AT 4:20 P.M. COMMISSION MEMBER CURLIN RETURNED AT 4:21 P.M. This item was for discussion purposes only. There was no action to be taken. COMMISSION MEMBER POPE-LUDLAM RETURNED AT 4:17 P.M. RS-1. RESURFACING OF MALL PARKING LOTS (Mayor and Common Council) Councilman Oberhelman made a motion,seconded by Councilman Carlin,that the following resolution be approved and adopted: RESOLUTION NUMBER 94-345 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,CALIFORNIA,MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF THE CENTRAL CITY REDEVELOPMENT PROJECT AREA OF RESURFACING PORTIONS OF THE CAROUSEL MALL. The motion carried by the following vote: Ayes: Council Members Negrete;Carlin;Hernandez; Oberhelman:Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: Councilman Devlin. (Community Development Commission) Commission Member Oberhelman made a motion, seconded by Commission Member Carlin,that the following resolution be approved and adopted: RESOLUTION NUMBER 5417 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO.CALIF'ONRIA,MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE CENTRAL CITY REDEVELOPMENT PROJECT AREA OF RESURFACING PORTIONS OF THE CAROUSEL MALL. REGULAR MEETING COMMISSION MINUTES TCS:hnp:cminl lr! 14 November 7, 1994 CT The motion carried by the following vote: Ayes: Commission Members Negre(e;Carlin; Hernandez;Oberhelman;Pope-Ludlam;Miller. Noes: None. Abstain: None. Absent: Commission Member Devlin. 21. ADJOURN TO CLOSED SESSION At 4:24 p.m., the Mayor and Common Council and the Community Development Commission recessed to closed session to discuss the following: A. Pursuant to Government Code Section 54956.8 CONFER WITH REAL PROPERTY NEGOTIATOR Property: 2251 East 20th Street San Bernardino Negotiating Parties: Redevelopment Agency Staff;Munawar Ahmed,owner and Astrolel Communications Corp. Under Negotiations: Instructions will be given to Agency negotiator concerning price and terms of acquisition. B. Pursuant to Government Code Section 54954.5(e) PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE METING RECONVENED At 5:32 p.m.,the meeting of the Mayor and Common Council and the Community Development Commission was called to order. ROLL CALL Roll call was taken with the following members present: Chairman Ton)Minor;Commission Members Edward Negrete;Dr.F.J.Carlin;Ralph Hernandez;David Oberhelman;Valerie Pope-Ludlam;and Norine Miller. Absent: Commission Member Jerry Devlin. STAFF PRESENT Timothy C. Steinhaus,Administrator,Economic Development Agency; Barbara J.Lindseth,Acting Executive Director,Development Department; Stafford W.Parker,Deputy Director,Development Department;Dennis Barlow,Senior Assistant City Attorney;Lorraine Velarde,Executive Assistant to the Mayor;Phil Arvizo,Executive Assistant to the Council; Rachel Clark,City Clerk;Suzam)a Cordova,Deputy City Clerk;La Vonda M-Pearson,Recording Secretary,Development Department. REGULAR MEETING COMMISSION MINUTES TCS:Imp:cminl lrl 15 November 7, 1994 Q V OTHERS IN ATTENDANC Timothy Sabo,Agency Counsel, Sabo and Green. CLOSED SESSION ACTION Councilman Oberhelman made a motion, seconded by Councilwoman Pope-Ludlam,that the Mayor's/Commission Chairman's dismissal of David Edgar,Housing Division Manager,and Kenneth J. Henderson,Executive Director,Development Department,Economic Development Agency,be ratified. The motion carried by the following vote: Ayes: Council Members Negrete; Curlin;Oberhehnan; Pope-Ludlam;Miller. Noes: None. Abstain: Councilman Hernandez. Absent: Councilman Devlin. 22. A .IORNMFNT At 5:38 p.m.,the meeting of the Mayor and Common Council/Communily Development Commission was adjourned to Monday,November 21, 1994, at 11:00 a.m., in the Council Chambers of City Hall,300 North"D" Street, San Bernardino,California. Respectfully Submitted: TIMOTHY C.STEINHAUS Agency Administrator/ Secretary to the Commission REGULAR MEETING COMMISSION MINUTES TCS:hnp:cminllrt 16 November 7, 1994 h "1