HomeMy WebLinkAboutR02-Economic Development Agency
.
o
o
o
o
...
()
IIAYOll ABD COIB)B COUIICIL
ABD TIll
TIll cotl_.ln DB'lBLOPIIIII'r COIIIISSIOII
OP TIll CITY OP SAIl _AIIIlDO
IIIBUTES
RBGULlJl ImI5X.lJllj
April 6, 1992
11:00 a...
The Regular Meetina of the Mayor and CODlllon Council and the
Community Development CODlllission, was called to order by Chairman W. R.
Holcomb, at approxillately 2:03 p.m., on Monday, April 6, 1992, in the
Council Chambers, City Hall, 300 North "D" Street, San Bernardino,
California.
ROLL r.iT.I.
Roll call was taken with the followina members present: Chairman W.
R. Holcomb; CODlllission Members Jack Reilly; Ralph Hernandez; Michael
Maudsley; Tom Minor. Absent: CODlllission Members Bsther Bstrada (late);
Valerie Pope-Ludlam (late); and Borine Miller (late).
STAPP PRBSBIIr
Timothy C. Steinhaus, Administrator, Bconomic Development Agency;
Kenneth J. Henderson, Executive Director, Development Department;
Richard Morillo, Senior Assistant City Attorney; Lorraine Velarde,
Bxecutive Assistant to the Mayor; Phil Arvizo, Executive Assistant to
the Council; Rachel El"un.,., City Clerk; Diane Jones, Deputy City
Clerk; and La Vonda Pearson, Actina Recordina Secretary, Development
Department.
0TIIBJlS IB ATI'InIIlAIII:J!
Timothy Sabo, Special Counsel, Sabo and Green; John Dukes,
President, Dukes-Dukes and Associates; Leon Jordon, Vice President, Legal
and Business Affairs.
PUBLIC co...........S OB ITBIIS IID'r 011 TIll AmnmA
eu8:i1lBr r.u.tnp'lU
CODlllission Member Hernandez asked that items numbered "5" and "6" be
pulled from the consent calendar.
RBGULlJl ImI5X.lJllj
t.p:2160B
COIIIISSIOB 1I.l1W1:5S
APJlIL 06, 1992
- 1 -
:;
o
o
o
o
o
Commission Member Hernandez made a motion, seconded by Commission
Member Reilly, that the Consent Calendar items numbered "1" through "7"
be adopted, except for items numbered "5" and "6", respectively.
The motion carried by the followina vote: Ayes: Commission Members
Reilly; Hernandez; Maudsley; Minor. Noes: None. Abstain: None.
Absent: Commission Members Estrada; Pope-Ludlam; and Miller.
1. COIRJRITY DBVELOPIIBIIr COIRISSIOB MIlIIITBS
(C.-mftv Deyelo_ent C.-fssion)
"
Commission Member Hernandez made a motion, seconded by Commission
Member Reilly that the the minutes of the COllllllUDity Development
Commission of the City of San Bernardino dated Karch 7, 1992 and llarch
16, 1992 be approved and adopted as submitted in typewritten form.
The motion carried by the followina vote: Ayes: Commission Members
Reilly; Hernandez; Maudsley; Minor. Noes: None. Abstain: None.
Absent: Commission Members Estrada; Pope-Ludlam; and Miller.
3. RlmBVELOPIIBIIr COIRIrrEB IUJIUT.d
(C--ftv Dn'el"-t C.-fssion)
Commission Member Minor made a motion, seconded by Commission Member
Hernandez that the minutea of the Redevelopment Committee of Karch 5,
1992 of the City of San Bernardino, be approved and adopted as submitted
in typewritten form.
The motion carried by the followina vote: Ayea: Commission Members
Reilly; Hernandez; Maudsley; Minor. Noes: None. Abstain: None.
Absent: Commission Members Estrada; Pope-Ludlam; and Miller.
3. CITY DBr.f.AVATIOB OF _ATTn..'. CCI.___HI DllVELOPIIBIIr __ 1992
(Mavor and Common Council)
Councilman Hernandez made a motion, seconded by Councilman Reilly
that the followina resolution be approved and adopted:
RESOLUTION BO. 92-127
RESOLUTION OF THE MAYOR AND CO~N COUNCIL or THE CITY or SAB
BERlURDIBO, CALIFORNIA, HEREBY PROCLAIMING AND DECLARING THE
DESIGKlTION or APRIL 20 THROUGH 26, 1992, AS "BATIORAL COMMURITY
DEVELOPMEBr WED: '92".
REGlILAlt tmK-rlllG
b1p:2160B
- 2 -
COIIIISSIOB MIlIIITBS
APRIL 06, 1992
f}
o
o
o
-
o
o
The motion carried by the following vote: Ayes: Council Members
Reilly; Hernandez; Maudsley; Minor. Noes: None. Abstain: None.
Absent: Council Members Estrada; Pope-Ludlam; and Miller.
4. APPROVAL 01' I'ISr.AT. DlPACr Acn_K~ VITH THE .......:0;:1 01' SO
RlnnI.&vn1'1m 1nn.a'Prn m DII 1Ift'. VKIt'-.m mnTOOR 1I'ICIIKV.KLOPIIRft PROJECT
(Communitv Develooment Commission)
Commission Member Hernandez made a motion, seconded by Commission
Member Reilly that the following resolution be approved and adopted:
RESOLUTION NO. 5328
RESOLUTION OF THE COMMUlUTY DEVELOPMElft COMMISSION OF THE CITY OF
SAR BERNARDINO, CALIFOUIA, AUTHORIZING THE EXECUTION OF A CERTAIN
FISCAL IMPACT AGREEMDT IN COlmECTION WITH THE ADOPTION OF THE NT.
VERNON CORRIDOR REDEVELOPMElft PROJECT AND MAKING CERTAIN FINDINGS
AND DETERMINATIONS IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION
33401.
The motion carried by the following vote: Ayes: Commission Members
Reilly; Hernandez; Maudsley; Minor. Boes: None. Abstain: None.
Absent: Commission Members Estrada; Pope-Ludlam; and Miller.
7. IIBV Rn.&.n IiIRIIllRICR. lOR mBn.1fAIWIr .... Rn.&1tn
(Mavor and Common Council)
Councilman Hernandez made a motion, seconded by Councilman Reilly to
appoint Doris J. Wallach of the M.O.R.E oraanization as the alternate
member and Russell Piper as a reaular member of the Mobilehome Rent Board.
The motion carried by the following vote: Ayes: Commission Members
Reilly; Hernandez; Maudsley; Minor. Noes: None. Abstain: None.
Absent: Commission Members Estrada; Pope-Ludlam; and Miller.
5. 1IflJOn."RRS !nIIn'.TI!II UTILITY ASSIlI'I'A1Ir.J! PIlOGRAII
(Communitv Develooment Commission)
Commission Member Hernandez questioned whether or not funds for
utility payments would be paid directly to the individual shelters.
REGULAR IIDTIIIG
:t.p:2160B
- 3 -
COIIIISSIO. MINUTES
APRIL 06, 1992
~
o
o
o
o
o
Kenneth J. Henderaon, Executive Director, Development Department,
stated the Agency would pay the coats directly to the utility centers.
Commiaaion Member Hernandez made a motion, seconded by Commission
Member Reilly to approve a program to aaaist homeleas shelters with
utility costa in the amount of $10,368 per year to be revisited annually
for continuation of funding.
The motion carried by the following vote: Ayea: Commission Members
Reilly; Hernandez; Maudaley; Minor. Roea: Rone. Abatain: Rone.
Abaent: Commiasion Members Estrada; Pope-Ludlam; and Miller.
6. ACCKPI'AIICII: 01' 1>1Kl1'l!ll'l"l' UICA'I'Im Kr I'OOTIIILL AIID .A_A.......A DIlIVB
(Communitv Develooment Commission)
Commission Member Hernandez suggested thia item be continued until
the other members arrived.
ElID 01' COIlSBft r.&T.mlnn
8. !itA. ......nlBO CO.VAIII.lOll Aim VISITORS RlllPRAn nn'JIIPRIII~Y DPOft
(Communitv Develooment Commission)
Timothy C. Steinhaus, Administrator, Economic Development Agency,
stated the Chairman and Vice Chairman of the Convention and Visitors
Bureau were preaent at the morning session of the Mayor and CODDon Council
meeting to give an oral report, but were unable to attend the afternoon
session. He indicated if ~ Commission Member had questions .regarding
the quarterly report, they could contact the Convention and Visitors
Bureau directly or the Agency.
Commission Member Maudaley made a motion, seconded by Commission
Member Minor to receive and file the attached quarterly report from the
San Bernardino Convention and Viaitora Bureau.
The motion carried by the following vote: Ayes: Commission Members
Reilly; Hernandez; Maudsley; Minor. Roes: Rone. Abstain: Rone.
Absent: Commission Members Estrada; Pope-Ludlam; and Miller.
COIIIISSI01I MBMBBR POPB-LUDLAII AlIIlIVBD Kr 2:05 P.II.
COIIIISSIOW MBMBBR JITT.T.- AlIIlIVBD Kr 2:05 P.II.
RBGlJLAI IllU5YllIG
lQ:2160B
-4-
COIIIISSI01I IIIIIUDS
APIIIL 06, 1992
:l
o
o
o
o
o
9. DUDS-DODS AIID ASSOCT~'rU - AIIIHIW VISTA IIOIIU
Mayor HolcOlDb stated this itelll was brouaht forth by the Housina
Committee on a 2 - 2 vote to modifY the disposition agreement with Dukes -
Dukes and A8sociates. He indicated there were three recommendations on
the Agenda - the Housina Comaittee Recommendation, a Staff Recommendation,
and the Mayor's Recommendation.
Mayor Holcomb said he spoke with Mr. Dukes regardina this item, and
he indicated a loan would be feasible for them and that he was both
willina and able to repay the loan.
MAYOR BOLCOIIB WAS BXClJSBD Ja 2: 09 P .11.
Kenneth J. Henderson, Executive Director, Development Department,
discussed the itelll and explained the three (3) recommendations in detail.
COUlICIIMlIIO BSDADA AllRIVBD Ja 2:11 P.II.
MAYOR BOLCClIIB UnJIllWI Ja 2:11 P.II.
A brief discussion ensued regardina the differences in the three
motions.
COUlICIIMlIIO BSDADA WAS BXClJSBD Ja 2:13 P.II.
C01JIICILWIWI BS'l'RADA UXUIllWl Ja 2:14 P.II.
Mr. Henderson stated if the loan was granted, it would be secured by
Dorjil I and Dorjil II Bstates. He said the Agency would finance the
closina costs, carry back a second trust deed for eligible households, and
that the deal points would be subject to financial statements to verify
the loan applicant's credit worthiness.
CouncilwOlDBn Pope-Ludlam stated she met with Mr. Dukes and Mr.
Henderson to come up with an ..reement that was feasible for both Dukes
and the Agency.
Councilwoman Pope-Ludlam made a motion, seconded by Councilman
Hernandez to approve motions (A) and (C) as listed below:
lHousina Committee Recommendation)
IIDrIO. A: That the disposition and development agreement between
Dukes-Dukes and Associates and the Redevelopment Agency
be amended to reflect the followina deal points: (i) That
Dukes be allowed to sell the three Arrow Vista models now
rather than at the end of the project aa the DDA
currently requires; (ii) Allow the non-accrual of
interest on Phase II of the project since construction on
this phase began; (iii) Agency to pay loan closina costs
out of $25,000 per lot land cost due to Agency on sale of
homes, and; (iv) rebate to Dukes interest collected on
Phase I of project totsllina $106,299.
UGUL&R IIIBTIllG
b1p:2l60B
- 5 -
CCRlISSIOB IlUIUY.l5S
APRIL 06, 1992
.
J-
o
o
o
o
o
(Mavor's Recommendation)
mrIOlf C: That the disposition and development between Dukes-Dukes
and Associates and the Redevelopment Agency be amended to
reflect the following deal points: (i) Agency to make
Dukes business reorganization loan of $250,000. (ii) Loan
to accrue interest at Bank of America prime plus one (1),
to be established at loan closing. (iii) Dukes to pay
1.5S loan origination fee from loan proceeds. (iv) Loan
to be secured by Dorjil I and Dorjil II Estates. (v) The
term of the loan will be for one year, with the loan all
due and payable at the end of one year or the earlier of
the following events: The Sale of Dorjil I and Dorjil II
Estates or the sale of Little Zion Manor. (vi) Agency to
finance loan closing costs from $25,000 per lot land cost
due to Agency on sale. (vii) Agency to carry back second
trust deed with no equity participation if interest rate
on second trust deed is the same as that on the take-out
financing. (viii) Agency will carry back second trust
deed with equity participation if homeowner requests and
receives interest rate write-down. (ix) The above deal
points are subject to the provision by Dukes of financial
statements demonstrating the creditworthiness of the loan
applicant.
Mayor Holcomb expressed concern over giving Mr. Dukes a grant versus
a loan when he was willing and able to repay the loan.
Councilman Maudsley stated he was absent from the Housing Committee
meeting when this item was discussed. He said he was not in favor of the
rebate to Duke. of $106,299 listed in Motion (A) and he would like to see
financial data from Duke.. He felt he did not have adequate data on this
item to make a decision.
Councilwoman Pope-Ludlam asserted the Arrow Vista Housing Project was
an incentive for the building of the Westside Shopping Center. She said
when the houses were being built, the City was not in the economic
situation it is currently in now. She felt Dukes had done a great job
with Dorjil I and II Estates and also Little Zion Manor low-income
apartment complexes. She stated Dukes had done a lot for the City of San
Bernardino and deserved the rebate requested.
Mayor Holcomb expressed concern over giving away public money instead
of loaning it out to Mr. Dukes. He indicated a lot of funds had already
been spent on the west side of San Bernardino.
Councilman Hernandez gave a comparison between Mr. Dukes projects and
the Arden Guthrie project. He explained how well Mr. Dukes low-income
complexes were compared to the blighted Arden Guthrie area, and discussed
the funds being allocated to the Arden Guthrie area.
REGIJLU MlBrIBG
!ap:2160B
- 6 -
COIBISSIO. IUIlUTJ5S
APRIL 06, 1992
:J.
o
()
o
o
o
John Dukes, President, Dukes-Dukes and Associates, spoke briefly on
the project. He stated that he incurred a lot of costs when the project
began. He said the original request he submitted had gone through several
evolutions of change. He stated he did not want to come to the City for
assistance, but felt it was necessary. He indicated when in discussion
wi th the Mayor, there was no mention of creditworthiness.
Mayor Holcomb questioned Mr. Dukes regarding the discussion held in
his office.
Mr. Dukes stated if the loan was the only way he would receive
funding, he would be willing to accept it on those terms.
Discussion ensued regarding the private conversation held between Mr.
Dukes, Mr. Henderson and Mayor Holcomb
Leon Jordon, Vice President, Legal and Business Affairs, indicated
that Arrow Vista was built where people would normally not want to live
and stated it had made buyers believe in the west side. He said the
recession and the weather had an impact on the problems the project was
having. He said when Mr. Dukes originally purchased the land for the
project, the land prices were raised and the enterprise zone was taken
away.
Mr. Jordon explained his understanding of the three (3)
recommendations listed in the staff report and stated that Motions (A) and
(B) were clear cut, but Motion (C) would require additional information.
Mayor Holcomb asked Mr. Henderson to explain the discussion held in
his office with Mr. Dukes.
Mr. Henderson confirmed that Mr. Dukes was in acceptance with Motions
(B) and (C) a interest free construction loan on Phase II at the time of
the meeting.
Councilwoman Estrada questioned whether or not she would have
conflict of interest if she replied to this item.
Mayor Holcomb felt it would be a conflict of interest.
COUlICILWOIfO IIILLBR WAS BXClJSBD Ar 3:20 P.II.
Councilman Reilly felt if Mr. Dukes was willing and able to repay the
loan, a loan should be granted.
COUlICILWOIfO IIILLBR .unJ1lIUW Ar 3:25 P.II.
RBC:lILAIl ft&U.l1IG
1Q:2160B
-7-
COIBISSIO. IUllUrJlS
APRIL 06. 1992
;)
o
"
o
o
o
Councilman Reilly made a motion, seconded by Councilman Minor to
approve Motions (B) and (C) as listed below:.
(Staff Recommendation)
MarIOB B: That the disposition and development between Dukes-Dukes
and Associates and the Redevelopment Agency be amended to
reflect the following deal points: (i) That Dukes be
allowed to sell the three (3) Arrow Vista models now
rather than at the end of the project as the DDA
currently requires; (ii) allow the non-accrual of
interest on Phase II of the project since construction on
this phase began, and (Ui) Agency to pay loan closing
costs out of $25,000 per lot land cost due to Agency on
sale of homes.
(Mavor's Recommendation)
MOrIO. C: That the disposition and development between Dukes-Dukes
and Associates and the Redevelopment Agency be amended to
reflect the following deal points: (i) Agency to make
Dukes business reorganization loan of $250,000. (ii) Loan
to accrue interest at Bank of America prime plus one (1),
to be established at loan Closing. (iii) Dukes to pay
1.5X loan origination fee from loan proceeds. (iv) Loan
to be secured by Dorji1 I and Dorji1 II Estates. (v) The
term of the loan will be for one year, with the loan all
due and payable at the end of one year or the earlier of
the following events: The Sale of Dorjil I and Dorjil II
Estates or the sale of Little Zion Manor. (vi) Agency to
finance loan closing costs from $25,000 per lot land cost
due to Agency on sale. (vU) Agency to carry back second
trust deed with no equity participation if interest rate
on second trust deed is the same as that on the take-out
financing. (viii) Agency will carry back second trust
deed with equity participation if homeowner requests and
receives interest rate write-down. (ix) The above deal
points are subject to the provision by Dukes of financial
statements demonstratins the credit worthiness of the
loan applicant.
The motion carried by the fo110wins vote: Ayes: Commission Members
Estrada; Reilly; Hernandez; Minor; Pope-Ludlam. Noes: Commission Members
Mauds1BY; Miller. Abstain: None. Absent: None.
Mayor Holcomb recessed the meetins of the Mayor and Common Council
and the Community Development Commission at 3:31 p.m. for a five (5)
minute break.
REGULlJt 1IUY.LlIIi
l.1Ip:2160B
- 8 -
COBIISSIO. IIIIUDS
APRIL 06, 1992
~
o
()
o
o
o
IIBB'rIIE DCClBvmnlW
The meetina of the Mayor and COIIIIIon Council and the COllllllUllity
Development Commission reconvenyed at 3:40 p.m.
ROLL r..T.T.
Roll call was taken with the followina members present: Chairman W.
R. Holcomb; Commission Members Esther Estrada; Jack Reilly; Ralph
Hernandez; Michael Maudsley; Tom Minor; Valerie Pope-Ludlam; and Horine
Miller.
STAn' PDSmrr
Timothy C. Steinhaus, Administrator, Economic Development Agency;
Richard Morillo, Senior Assistant City Attorney; Lorraine Velarde,
Executive Assistant to the Mayor; Phil Arvizo, Executive Assistant to the
COlmcil; Rachel lCrasney, City Clerk; Diane Jones, Deputy City Clerk; and
La Vonda Pearson, Actina Recordina Secretary, Development Department.
OTIIBU IN ATTInIDA1II!I!
Timothy Sabo, Special C01m8el, Sabo and Green.
6. ACCRPTA1ICI! OF PIIOPR1I'r'Y '.nr.A'rIm AT POOrIIILL Awn .A_AlITn DIlIVB
(Communitv Develonment Commission)
Commission Member Hernandez expressed his concern over the amOlmt of
flmds beina spent on this project.
Chairman Holcomb indicated the City would combine this property with
the Water Department's property to develop upscale housina and oranae
groves.
COIIIIIission Member Estrada asked if the property had already been
purchased.
Timothy C. Steinhaus, Administrator, Economic Development Agency,
stated the property was purchased for $331,000.
COlmcilwoman Miller asked who the broker was for this item.
Mr. Steinhaus indicated the broker was Mr. Bill Leonard.
Commission Member Estrada made a motion, seconded by Commission
Member Reilly that the followina resolution be approved and adopted:
RBGDLO IIIBTIIE
l..IIp:2160B
- 9 -
COBIISSION IIII11JT.1S
APRIL 06, 1992
;(
o
o
o
o
o
RESOLUTION RO. 5329
RESOLUTION OF THE CO!IIURITY DBVlLOPMDT COMMISSION OF THE CITY OF SAN
BERlWlDIRO, CALIFORRIA, AUTHORIZING/RATIFYING THE CHAIRMAN OR
SECRETARY, ON BBIIAL!' OF THE REDBVlLOPMDT AGDCY, TO EXECUTEI ACCEPT
THE CORPORATION GRART DEED RELATIVE TO THE PUKCRASE OF REAL PROPERTY
WITHIN THE CITY OF SAN BERlWlDIRO (ROBERT Ie. AND BVlLYR J. BLATTER
PARCEL ROS. 1 AND 2) GEBERALLY LOCATED RORTH OF IITERSECTIONS
FOOTHILL AND MARZARITA DRIVE
Commission Member Hernandez stated he did not feel this item was
necessary.
Commission Member Pope-Ludlam questioned Whether this item had been
discussed fully with the public.
Chairman Holcomb indicated the item had been publicized and explained
the buying procedure for the City purchasing property.
The motion carried by the following vote: Ayes:
Estrada; Reilly; Mauds1ey; Minor; Pope-Ludlam; Miller.
Member Hernandez. Abstain: None. Absent: None.
Commission Members
Noes: Commission
Commission Member Estrada requested that a briefing on the project be
brought to the nut COlllllUJ1ity Development Meeting on April 20, 1992. She
wanted the Commission to be informed of the overall project.
CLOSBD SESSIO.
10.
.In.T~ m I!IIUIRn RUSID
There were no items for discussion in Closed Session.
DB OF CLOSBD SlISSIO.
11. &n.TnD~
Chairman Holcomb adjourned the re8u1ar meeting of the Mayor and Common
Council and the Co_ity Development Commission to 1IoIIlIq, April 20, 1992 at
11:00 a..., in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
Respectfully submitted,
........... J. HK...RIU:OB
becutiTe Directorl
Secretary to the Coaalssion
IlEGlILAIt 1IIUU.lJI'i
b1p:2160B
COIIIISSIO. IIIIIOTES
- 10 - APRIL 06, 1992
:A