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Home My WebLink About02- Community Development Commission MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MINUTES REGULAR MEETING October 4, 1993 11:00 a.m. The Regular Meeting of the Mayor and Common Council and the Community Development Commission was called to order by Mayor Tom Minor at approximately 11:37 a.m., on Monday, October 4, 1993, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. 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 Oberhelman; Jerry Devlin; Valerie Pope-Ludlam; and Norine Miller. Absent: None. STAFF PRESENT Timothy C. Steinhaus, Administrator, Economic Development Agency; Kenneth J. Henderson, Executive Director, Development Department; Henry Empeno, Deputy City Attorney; Lorraine Velarde, Executive Assistant to the Mayor; Phil Arvizo, Executive Assistant to the Council; Ernie Wilson, Affirmative Action, Mayor's Office; Rachel Clark, City Clerk; Suzanna Cordova, Deputy City Clerk; La Vonda M-Pearson, Recording Secretary, Development Department. OTHERS IN ATTENDANCE Maria Hunt, The Sun Newspaper. The Commission Members requested that items numbered "1", "4" and "9" be removed from the Consent Calendar. Commission Member Pope-Ludlam made a motion, seconded by Commission Member Curlin, that the Consent Calendar items numbered "1" through "9" be adopted, except for items numbered 11111, "4" and "9". The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin; Hernandez; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None. REGULAR MEETING COMMISSION MINUTES KJH:imp:cminlOrl 1 October 4, 1993 2. REDEVELOPMENT COMMITTEE MINUTES (Community Development Commission) Commission Member Pope-Ludlam made a motion, seconded by Commission Member Curlin, that the minutes of the Redevelopment Committee of the City of San Bernardino for the meeting of September 2, 1993, be received and filed. The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin; Hernandez; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None. Public Works Department 3. CONTRACT CHANGE ORDER NUMBER 7 - IMPROVEMENTS TO MILL COMMUNITY CENTER PER PLAN NO 8890 — KIRKLEY DEVELOPMENT (Mayor and Common Council) Councilman Pope-Ludlam made a motion, seconded by Councilman Curlin, that Change Order No. 7 to the contract with Kirkley development, Inc., for Improvements to the Mill Community Center, in accordance with Plan No. 8890, be approved; to authorize installment of a rubberized flooring system in the gym area, at an increase in the contract price of$18,865.00, from $623,351.75 to $642,216.75. The motion carried by the following vote: Ayes: Council Members Negrete; Curlin; Hernandez; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None. Development Department 5. DELMANN HEIGHTS WATER SYSTEM UPGRADE (Community Development Commission) Commission Member Pope-Ludlam made a motion, seconded by Commission Member Curlin, to approve an amount not to exceed $85,000 in bond proceeds to underwrite additional unexpected costs associated with the Delmann Heights Water System Upgrade project. The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin; Hernandez; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None. REGULAR MEETING COMMISSION MINUTES KJH:1mp:cmin10rl 2 October 4, 1993 n i 0 0 6. FY1993/1994 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENT BETWEEN THE CITY AND HOME OF NEIGHBORLY SERVICES (Mayor and Common Council) Councilman Pope-Ludlam made a motion, seconded by Councilman Curlin, that the following resolution be approved and adopted: RESOLUTION NUMBER 93- 386 RESOLUTION OF THE MAYOR AND COMMON COUNCIL 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 HOME OF NEIGHBORLY SERVICES. The motion carried by the following vote: Ayes: Council Members Negrete; Curlin; Hernandez; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None. 7. SANTA FE AUTOMOBILE DISTRIBUTION FACILITY (Community Development Commission) Commission Member Pope-Ludlam made a motion, seconded by Commission Member Curlin, to approve a $110,000 contribution toward water facility improvements for the Santa Fe Automobile Distribution Facility and authorize the Chairman and Executive Director to execute all documentation necessary to effectuate said transaction; and, that the Development Department budget be increased accordingly. The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin; Hernandez; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None. 8. SMALL BUSINESS LOAN COMMITTEE (Community Development Commission) Chairman Minor's Recommendation Commission Member Pope-Ludlam made a motion, seconded by Commission Member Curlin, to approve the attached five (5) candidates as members of the Small Business Loan Committee as recommended by Chairman Minor for appointment by the Chairman and confirmation by the Commission. REGULAR MEETING COMMISSION MINUTES KJH:1mp:cminlOrl 3 October 4, 1993 The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin; Hernandez•, Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None. 1. COMMUNITY DEVELOPMENT COMMISSION MINUTES (Community Development Commission) Commission Member Hernandez indicated that he voted yes to Item #16 at the September 7, 1993 Commission Meeting. Commission Member Negrete made a motion, seconded by Commission Member Oberhelman, that the minutes of the Community Development Commission of the City of San Bernardino for the meetings of September 7, 1993 and September 20, 1993 be approved, as amended. The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin; Hernandez; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None. 4. ADOPTION OF NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH CIRCULATION ELEMENT OF GENERAL PLAN - CONSTRUCTION OF LANDSCAPE MEDIANS TRAFFIC DIVERTERS -- NEWCOMB ST., MCKINLEY AND DUMBARTON AVENUES, BETWEEN 20TH STREET AND HIGHLAND AVENUE -- PUBLIC WORKS PROJECT NO. 93-04 (Mayor and Common Council) Kenneth J. Henderson, Executive Director, Development Department, explained that the Commission had previously approved $1.5 million for the Arden Guthrie Project. He stated that a portion of those funds were for the completion of common area improvements. Commission Member Hernandez suggested that a report be developed which summarized the effectiveness of the management company located on site in the complex. Mr. Henderson stated that a number of reports had been developed regarding the security in the complex. He also informed the Commission that escrow on the Multi-Use Facility would be closing soon and that the first task force meeting would take place this week. Commission Member Hernandez asked who was responsible for the security in the complex. Mr. Henderson indicated that the security in the complex was the responsibility of the Equity Management Service, the Agency's designated project managers. REGULAR MEETING COMMISSION MINUTES KJH:Imp:cmin l Orl 4 October 4, 1993 Commission Member Miller made a motion, seconded by Commission Member Oberhelman, that the Negative Declaration for Public Works Project No. 93-04, construction of landscape medians, 90 degree parking, and traffic diverters in Newcomb Street, McKinley Avenue and Dumbarton Avenue, between 20th Street and Highland Avenue, be adopted. Commission Member Hernandez made a motion, seconded by Commission Member Oberhelman, that a finding be made that Public Works Project No. 93-04 is consistent with the circulation element of the General Plan. The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: Commission Member Hernandez. Absent: None. A14encv Administration 9. MASTER SERVICES AGREEMENT BETWEEN THE ECONOMIC DEVELOPMENT AGENCY AND THE DEPARTMENT OF PLANNING AND BUILDING SERVICES - PROPOSED BUILDING INSPECTION (REHABILITATION) AND CODE ENFORCEMENT SERVICES (Community Development Commission) Commission Member Hernandez expressed concern regarding the Planning and Building Services Department using redevelopment funds. Kenneth J. Henderson, Executive Director, Development Department, stated that the funds requested by Planning and Building Services Department would allow it to keep existing staff employees. He explained that due to the large size of tge Central City Revitilization Strategy Area, enhanced code enforcement would be needed. Commission Member Hernandez commented on the costs incurred by property owners who are cited for remodeling without permits. Mr. Henderson explained that according to Al Boughey, Director of Planning and Building Services, if someone has built on their property without permits, the fee is the same as if they had went through planning and obtained the proper permits needed. Al Boughey, Director of Planning and Building Services, stated that when complaints are made regarding property, his department tries to resolve the complaint on a voluntary basis with the owner. However, if the need to take corrective action arises, the complaint is taken to the Board of Building Commissioners and the owner must pay administrative fees, corrective action costs and any other related costs. Mr. Boughey also explained that if a property owner is building illegally, he must stop building, have a pre-inspection done on the property and pay the permit fees. REGULAR MEETING COMMISSION MINUTES KJH:1mp:cminlOrl 5 October 4, 1993 Commission Member Hernandez reiterated that he wanted the Planning Department to go with a positive pro-active program when investigating complaints. COMMISSION MEMBER POPE-LUDLAM WAS EXCUSED AT 11:54 A.M. Commission Member Oberhelman made a motion, seconded by Commission Member Miller, to amend the Master Services Agreement between the Economic Development Agency and the Department of Planning and Building Services in an amount not to exceed $208,250 for enhanced building inspection and code enforcement services in the Central City Revitalization Strategy Area. The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin; Hernandez; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None. COMMISSION MEMBER POPE-LUDLAM RETURNED AT 12:00 P.M. END OF CONSENT CALENDAR Agency Administration 10. PROGRAMMING SERVICES-STATE CONSOLIDATED OFFICES AND CALTRANS BUILDING (Community Development Commission) Commission Member Miller made a motion, seconded by Commission Member Negrete, to authorize the Agency Administrator to draft and execute a contract with Keating Mann Jernigan Rottet in an amount not to exceed $90,000 for architectural programming services for the design of the State Consolidated Offices and Caltrans Building on the Superblock site. Timothy C. Steinhaus, Administrator, Economic Development Agency, noted a correction to the Agenda Cover Sheet stating that the motion should read $80,000 and not $90,000. Commission Member Hernandez stated that the City had been criticized for using outside developers. He requested information regarding safeguards being used to eliminate this problem. Mr. Steinhaus explained that the Agency would follow the state guidelines regarding the hiring of disabled veterans, women and minorities. He also indicated that the local rules of the City would apply regarding the hiring of local businesses. He stated that if a local vendor is not hired, the Agency must document the reason for hiring a non-local vendor. REGULAR MEETING COMMISSION MINUTES KJH:Imp:cmin10r1 6 October 4, 1993 James Wirth, 1980 Sierra Way, San Bernardino, reported to the Commission that this item was related to the historic Platt Building. He read a letter which referenced the Frank C. Platt Building as a historical building and requested the Commission recommend to the contractor that the State Offices utilize the Platt Building. COMMISSION MEMBER CURLIN WAS EXCUSED AT 12:04 P.M. Commission Member Pope-Ludlam recommended that an Affirmative Action Committee be developed to help in utilizing local firms for this project. COMMISSION MEMBER CURLIN RETURNED AT 12:05 P.M. COMMISSION MEMBER POPE-LUDLAM WAS EXCUSED AT 12:05 P.M. Commission Member Miller informed the Commission that the project manager selected for the office building would not select the architects for the project, only give recommendations. She stated that the City would make the final selection. COMMISSION MEMBER POPE-LUDLAM RETURNED AT 12:08 P.M. Commission Member Negrete stated that the committee working on this project had met on a regular basis to discuss the proposals. He explained that not all local firms had the necessary qualifications to complete this project, but that the selections made were fair. The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: Commission Member Hernandez. Absent: None. 11. CONSULTANT TO THE COMMISSION/COUNCIL (Community Development Commission) Councilman Hernandez's Recommendation Mayor Minor stated that this item would be discussed after the Planning Session this afternoon. MEETING ADJOURNED At 12:11 p.m. the meeting of the Mayor and Common Council and the Community Development Commission was adjourned until 2:00 p.m. REGULAR MEETING COMMISSION MINUTES KJH:1mp:cmin10r1 7 October 4, 1993 MEETING RECONVENED At 2:50 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 Oberhelman; Jerry Devlin; Valerie Pope-Ludlam; and Norine Miller. Absent: None. STAFF PRESENT Timothy C. Steinhaus, Administrator, Economic Development Agency; Kenneth J. Henderson, Executive Director, Development Department; Henry Empeno, Deputy City Attorney; Lorraine Velarde, Executive Assistant to the Mayor; Phil Arvizo, Executive Assistant to the Council; Rachel Clark, City Clerk; Suzanna Cordova, Deputy City Clerk; La Vonda M-Pearson, Recording Secretary, Development Department. OTHERS IN ATTENDANCE Maria Hunt, The Sun Newspaper. 11. CONSULTANT TO THE COMMISSION/COUNCIL (Community Development Commission) Councilman Hernandez's Recommendation Jim Lynas, Citizen, read a letter written by himself to the Commission regarding previous contacts with the Council Office. In his letter he made references to Commission Member Hernandez trying to be involved in all city activities including those outside of his ward. Mr..Lynas concluded his remarks by stating that all the work in the Council Office funnels through Councilman Hernandez. He stated that the hiring of Mr. Johnston would only increase Councilman Hernandez's ability to become involved with all wards. Commission Member Hernandez commented that the statements made by Mr. Lynas were not true. He emphasized that as a Councilmember for the City, he is required to represent all citizens in the City under the charter. Henry Empeno, Deputy City Attorney, advised the Commission of the legal matters pertaining to this contract. He stated that Motion C of this item was worded improperly and that it would need to have Council approval. REGULAR MEETING COMMISSION MINUTES KJH:1mp:cmin10r1 8 October 4, 1993 Commission Member Hernandez stated that Motion C was being removed from this item. Mr. Empeno explained that as a Consultant, you control your own actions and set your own guidelines. He referred to the Scope of Services listed in the back-up as Attachment A and identified certain points within the attachment which specified certain direction and rules which were inappropriate for a Consultant. He also discussed the possibility of a suit arising from this agreement due to the job description being that of a regular employee and not a Consultant. He stated that the work proposed for Mr. Johnston is currently being done by other staff employees on a regular basis. Mr. Empeno answered questions relative to the direction and the drafting of this agreement. Commission Member Hernandez stated that he requested the City Attorney's Office to draft a legal document that would enable the hiring of Mr. Johnston as a Consultant. He spoke on previous problems in the past when dealing with that office. Commission Member Miller expressed her comments regarding the approach taken to hire Mr. Johnston to the Council Office. Discussion ensued regarding political appointments being made within City Hall. Commission Member Curlin discussed the actions taken by the Commission at the September 7, meeting and the development of the AD HOC Committee that reviewed the need for this position. COMMISSION MEMBER POPE-LUDLAM WAS EXCUSED AT 3:22 P.M. Commission Member Oberhelman stated that this item still does not address the need to hire someone who can solve the problems being identified in the complaints submitted to the Council Office. COMMISSION MEMBER POPE-LUDLAM RETURNED AT 3:24 P.M. Commission Member Pope-Ludlam spoke of the need to hire additional help in the Council Office. She stated that the Council Office has seven (7) elected officials with only one (1) staff person to assist them and three (3) clerical staff members. Rachel Clark, City Clerk, stated that all vacancies within the City Clerk's Office were open to the public and been filled with applicants who tested and interviewed through the normal hiring process. Mayor Minor stated that he had made public appointments that were done legally and discussed the procedure in which they are made. COMMISSION MEMBER POPE-LUDLAM WAS EXCUSED AT 3:58 P.M. Commission Member Hernandez indicated that the Mayor should not have the right to veto a council appointee. REGULAR MEETING COMMISSION MINUTES KJH:1mp:cminlOrl 9 October 4, 1993 COMMISSION MEMBER POPE-LUDLAM RETURNED AT 4:01 P.M. Commission Member Hernandez made a motion, seconded by Commission Member Oberhelman to direct the legal office to sit down with staff and modify the Agreement and Scope of Services. Mr. Empeno stated that the current agreement could not be amended to comply with state law unless the facts are provided by staff to change the Scope of Services. Timothy C. Steinhaus, Administrator, Economic Development Agency, stated that he needed additional direction regarding the services needed for this position. COMMISSION MEMBER OBERHELMAN WAS EXCUSED AT 4:04 P.M. COMMISSION MEMBER OBERHELMAN RETURNED AT 4:06 P.M. Commission Member Pope-Ludlam recommended this item be referred to the AD HOC Committee to try and make the contract legal and to discuss the type of staff needed in the Council Office. Commission Member Curlin stated that he would not like to participate on the AD HOC Committee due to the polarizing of the Commission regarding this matter. Commission Member Pope-Ludlam made a motion, seconded by Commission Member Miller, to table this item. The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: Commission Member Hernandez. Abstain: None. Absent: None. CLOSED SESSION 12. ADJOURN TO CLOSED SESSION There were no items for discussion in Closed Session. REGULAR MEETING COMMISSION MINUTES KJH:1mp:cmin10r1 10 October 4, 1993 C 13. ADJOURNMENT At 4:20 p.m., the meeting of the Mayor and Common Council/Community Development Commission was adjourned to Thursday, October 21, 1993 at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Respectfully submitted: KENNETH J. HENDERSON Executive Director/ Secretary to the Commission REGULAR MEETING COMMISSION MINUTES KJH:1mp:cminlOrl 11 October 4, 1993