Loading...
HomeMy WebLinkAboutR01-Community Development . c o c o o COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO MINUTES SPECIAL MEETING June 10, 1989 9:20 a.m. The Community Development Commission/Redevelopment Agency meeting was called to order at 9:20 a.m., on Saturday, June lO, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, by Chairman W. R. "Bob" Holcomb. ROLL CALL Roll Cal1 was taken with the following being present: Members Estber Estrada, Jack Reilly, Jess Flores, Michael Maudsley, Tom Minor, Valerie Pope-Ludlam, Norine Miller. STAFF PRESENT Steven H. Dukett, Executive Director; John Hoeger, Development Manager; James Penman, City Attorney; Dennis A. Barlow, Senior Assistant City Attorney; Marshall Julian, City Administrator: Diane Copeland, Deputy City Clerk; Margie Vance, Recording Secretary. Public Comments on Items not on Agenda. There were no public comments. 1. Consideration of Refunding any Outstanding Obligations by Selling for Residual Interest - Miller and Schroeder Bond Counsel. Mayor Holcomb, Chairman of the Community Development Commission /Redevelopment Agency, recommended that Miller and Schroeder be used as underwriters for the refunding of any outstanding obligations, the issuance of new tax exempt bonds and the refunding of existing bonds. Mayor Holcomb stated that he had asked Jim Iverson, of Miller and Schroeder, to make a presentation regarding possible opportunities for generating additional monies in the Redevelopment Agency and City. He urged the Council to seriously consider this proposal. Mr. Holcomb reviewed the working relationship the City has had with Miller and Schroeder and explained that they had pioneered the purchasing of tax increment bonds in California, and over the years had satisfactorily handled over one half-billion dollars in funding various projects for the City. 1 June 10, 1989 1772R /,Ov c o c o o He explained that he waa aware of the 10aa of aome funda laat year, but pointed out that the firm had taken steps to indemnify the City and the Redevelopment Agency against any 10ss. Mr. Jim Iverson, Senior Partner, Miller & Schroeder, 505 Lomas Santa Fe Drive, Solano Beach, thanked the Council for the opportunity to speak, and expressed his concern that actions to rectify past errors were satisfactory to the City. Mr. Iverson explained three concepts that he recommended that the City consider: 1) Refunding any outstanding obligations where substantial savings can result by selling for residual interest. 2) Issuance of new tax exempt bonds; and 3) Refunding of existing bonds. City Attorney Penman explained that a contract between the City and Astorwood had been recommended by Miller and Schroeder in 1988, and it was later learned that Miller and Schroeder had a financial interest in that contract. On July 7, 1988, the City Attorney's Office wrote an opinion concluding that . . . .It is a violation of Government Code Section 1090 for an outside financial consultant to be financially interested in a contract which he has recommended or encouraged the Agency to enter into. Disclosure of the financial interest wil1 not be relieve the conflict although it may do so for any potential conflicts under the Political Reform Act of 1974." Mr. Penman also read a portion of an opinion prepared by Counsel for Miller and Schroeder as follows: . . . "The acts by Mil1er and Schroeder in this regard were strictly actions in its capacity as a private business and were not in any way connected to Miller and Schroeder official capacity for which Miller and Schroeder were engaged by the Agency. Accordingly, it was not a violation of Government Code Section 1090 for Miller and Schroeder to be financially interested in the arrangement that the company had with the Agency, because Miller and Schroeder' recommendation to the Agency to consult the Company and subsequent involvement with the company were not part of the services Miller and Schroeder had contracted to perform for the Agency." City Attorney Penman stated there was a possibility his office would recommend the filing of a lawsuit on this matter as the City/Agency has not yet received reimbursement of funds that were 10st in the FSLIC Transaction of 1988, and further, that it was his obligation to advise the Council on legal matters. Mayor Holcomb stated that the matter being considered is a policy matter rather than a legal one. Mr. Iverson stated that his firm is prepared to put money into an escrow account to represent to the City that the City will be repaid should the City loose the appeal of FSLIC. 2 June 10, 1989 1772R c o o o o After City Attorney Penman attempted to question Mr. Iverson regarding the legal opinion of his counsel relative to Government Code Section 1090, and was called out of order by Mayor Holcomb, he requested that the record show "that the Mayor is refusing to permit the elected City Attorney to bring to the attention of the Mayor and Common Council legal matters". A discussion ensued relative to the duties of the City Attorney as outlined in the City's Charter. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam to recess to Closed Session to further discuss this matter pursuant to Government Code Section 54956.9(c), so that Council may decide whether to initiate litigation. The motion carried by the following vote: Flores, Maudsley, Minor, Pope-Ludlam, Miller. Absent: None. Ayes: Member Estrada, Reilly, Noes: None. Abstain: None. RECESSED MEETING At 10:00 a.m., The Community Development Commission/Redevelopment Agency recessed to closed session. MEETING RECONVENED At 10:30 a.m., The Community Development Commission/Redevelopment Agency meeting was called to order by Chairman Holcomb. ROLL CALL Roll Call was taken with the following being present: Members Esther Estrada, Jack Reilly, Jess Flores, Michael Maudsley, Tom Minor, Valerie Pope-Ludlam, Norine M1l1er. STAFF PRESENT Steven H. Dukett, Executive Director; John Hoeger, Development Manager; James F. Penman, City Attorney; Dennis A. Barlow, Senior Assistant City Attorney; Marshall Julian, City Administrator: Diane Copeland, Deputy City Clerk; Margie Vance, Recording Secretary. Mayor Holcomb announced that the Mayor and Common Council had arrived at a verbal agreement between the City and Miller and Schroeder, that Miller and Schroeder place in escrow, in terms and conditions satisfactory to the City Attorney, the sums that will hold the City harmless from any 10ss that might incur should the FSLIC appeal not be resolved satisfactorily in favor of the City. Mr. Iverson answered questions regarding the long term effects of refinancing the outstanding obligation bonds and explained how the City could retain 90% of the proceeds from the sell of those bonds. 3 June lO, 1989 1772R . c o o o o Steve Dukett, Executive Director of the Redevelopment Agency, answered questions regarding whether the surplus cash flow presently being received, appears in the Redevelopment Agency's budget. Mr. Iverson stated that the City's trustee will not release information to Miller and Schroeder to do an audit of mortgages that are in default, unless there is authorization from the Mayor and Council. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that there be affirmation that the provisions of Government Code Section 1090 be adhered to by Miller and Schroeder as part of this entire transaction and any future transactions; and that there be an escrow account established under the preparation of the City Attorney for all funds necessary to hold the City harmless from the FSLIC appeal. The motion carried by the following vote: Ayes: Member Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. 2. Closed Session to consider Personnel Matters. Pursuant to Government Code Section 54957 the Community Development Commission of the City of San Bernardino will convene in closed session to consider personnel matters. Commissioner Pope-Ludlam made a motion, seconded by Commissioner Estrada, to recess to closed session. The motion carried by the following vote: Flores, Maudsley, Minor, Pope-Ludlam, Miller. Absent: None. Ayes: Member Estrada, Reilly, Noes: None. Abstain: None. RECESSED MEETING At ll:00 a.m., The Community Development Commission/Redevelopment Agency recessed to closed session. MEETING RECONVENED At 11:30 a.m., The Community Development Commission/Redevelopment Agency meeting was called to order by Chairman Holcomb. ROLL CALL Roll Call was taken with the following being present: Members Esther Estrada, Jack Reil1y, Jess Flores, Michael Maudsley, Tom Minor, Valerie Pope-Ludlam, Norine Miller. 4 June 10, 1989 l772R . c o o o o STAFF PRESENT Steven H. Dukett, Executive Director; John Hoeger, Development Manager; James F. Penman, City Attorney; Dennis A. Barlow, Senior Assistant City Attorney; Marshall Julian, City Administrator: Diane Copeland, Deputy City Clerk; Margie Vance, Recording Secretary. 3. Adjou1'l1llent Commissioner Pope-Ludlam made a motion, seconded by Commissioner Miller, to continue the closed session item to June 12, 1989, at 4:00 p.m. The motion carried by the following vote: Ayes: Member Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. 5 June 10, 1989 l772R o o .. c COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO MINUTES REGULAR MEETING June 19, 1989 11:55 a.m. The Community Development Commission/Redevelopment Agency meeting was called to order at 11:55 a.m., on June 19, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cslifornia, by Commissioner Jack Reilly. ROLL CALL Roll Call was taken with the fOllowing being present: Members Esther Estrada, Jack Reilly, Jess Flores, Michael Maudsley, Tom Minor, Valerie Pope-Ludlam, Norine Miller. STAFF PRESENT o Steven H. Dukett, Executive Director; John Hoeger, Development Manager; Dennis A. Barlow, Senior Assistant City Attorney; Doris Reese, Deputy City Clerk; Margie Vance, Recording Secretary. Public Comments on Items not on Agenda. There were no public comments. 1. Community Development Commission/Redevelopment Agency of the City of San Bernardino Minutes of June 5, 1989. Commissioner Estrada made a motion, seconded by Commissioner Miller, to approve the minutes of the meeting of the Community Development Commission/Redevelopment Agency of the City of San Bernardino held on June 5, 1989, as submitted in typewritten form. The motion carried by the follOWing vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. o J,b o o C 2. Redevelopment Committee Meeting//Redevelopment Agency of the City of San Bernardino Minutes of June 8, 1989. Commissioner Estrada made a motion, seconded by Commissioner Miller, to approve the minutes of the meeting of the Community Development Commission/Redevelopment Agency of the City of San Bernardino held on June 8, 1989, as submitted in typewritten form. The motion carried by the fOllowing vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. 3. Community Development CommiSSion/Redevelopment Agency of the City of San Bernardino Minutes of June 12, 1989. Commissioner Reilly made a motion, seconded by Commissioner Estrada, to approve the minutes of the meeting of the Community Development Commission/Redevelopment Agency of the City of San Bernardino held on June 12, 1989, as corrected accordingly. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. 04. Uptown Redevelopment Project Area Citizen Advisory Committee Minutes of Apri 1 20, 1989. Commissioner Estrada made a motion, seconded by Commissioner Miller, to approve the minutes of the meeting of the Uptown Redevelopment Project Area Citizen Advisory Committee held on April 20, 1989, as submitted in typewritten form. The motion carried by the fOllowing vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. 5. Northwest Redevelopment Project Area Citizens Advisory Committee Minutes of (a) March 13, 1989, (b) April 10, 1989 and (c) May 8, 1989. Commissioner Estrada made a motion, seconded by Commissioner Miller, to approve the minutes of the meeting of the Northwest Redevelopment Project Area Citizens Advisory Committee held on (a) March 13, 1989, (b) April 10, 1989 and (c) May 8, 1989 as submitted in typewritten form. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Mauds1ey, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. o 2 June 19, 1989 o o , c 6. Authorization to renew First Interstate 8ank of California Loan. The City Clerk Read the Titles of the Resolutions. RESOLUTION NO. 5192 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIXED RATE NOTE, SECURITY AGREEMENT, AND OTHER DOCUMENTS NECESSARY OR PROPER FOR BORROWING A SUM NOT TO EXCEED $4 MILLION FROM FIRST INTERSTATE BANK OF CALIFORNIA AS FUNDING FOR ADMINISTRATIVE EXPENSES. Commissioner Flores made a motion, seconded by Commissioner Estrada, to waive further reading of the resolutions. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. Commissioner Flores made a motion, seconded by Commissioner Estrada to adopt the resolutions. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Mauds1ey, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. 07. Authorized expenditure levels pending approval of Agency's 1989-90 Budget. RESOLUTION NO. 5193 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING REDEVELOPMENT AGENCY TO CONTINUE EXPENDITURES AT BUDGETED LEVEL FOR 1988-1989 FISCAL YEAR, PENDING FINAL APPROVAL OF 1989-1990 BUDGET, WITH ALLOWANCE FOR INCREASE IN SALARIES. Commissioner Flores made a motion, seconded by Commissioner Estrada, to waive further reading of the resolutions. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Mauds1ey, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. Commissioner Estrada made a motion, seconded by Commissioner Flores to adopt the resolutions. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Mauds1ey, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. o 3 June 19, 1989 o o 8. Master Services Agreement. c RESOLUTION NO. 89-182 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF MASTER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. Commissioner Flores made a motion, seconded by Commissioner Estrada, to waive further reading of the resolutions. The motion carried by the fOllowing vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. Commissioner Flores made a motion, seconded by Commissioner Maudsley, to adopt the resolutions. The motion carried by the following vote: Flores, Maudsley, Minor, Pope-Ludlam, Miller. Absent: None. Ayes: Members Estrada, Reilly, Noes: None. Abstain: None. RS-l Proposed Agreement for Investment Banking Services with Miller & Schroeder Financial, Inc. Mavor and Common Council c::> RESOLUTION NO. 89-183 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR INVESTMENT BANKING SERVICES BETWEEN THE CITY OF SAN BERNARDINO, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ON BEHALF DF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND MILLER AND SCHROEDER FINANCIAL, INC. Commissioner Flores made a motion, seconded by Commissioner Estrada, to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. Commissioner Miller made a motion, seconded by Commissioner Pope-Ludlam, to adopt the resolution. The motion carried by the Flores, Pope-Ludlam, Miller. None. following vote: Ayes: Members Estrada, Noes: Maudsley, Minor. Abstain: None. Reilly, Absent: o 4 June 19, 1989 o o Community DeveloDment Commission c Commissioner Miller made a motion, seconded by Commissioner Pope-Ludlam, to authorize execution of the Agreement for investment banking services between the City of San Bernardino, the Community Development Commission of the City of San Bernardino on behalf of the Redevelopment Agency of the City of San Bernardino and Miller and Schroeder Financial, Inc. The Flores, None. motion carried by the following vote: Ayes: Members Estrada, Pope-Ludlam, Miller. Noes: Maudsley, Minor. Abstain: None. Reilly, Absent: 9. Current Activity Status Report. Commissioner Estrada made a motion, seconded by Commissioner Flores, to Receive and File the Current Activity Report. The motion carried by the following vote: Flores, Maudsley, Minor, Pope-Ludlam, Miller. Absent: None. Ayes: Members Estrada, Reilly, Noes: None. Abstain: None. 10. Setting of Public Hearing regarding Auto Plaza Commercial Areas. Mayor and Common Council Commissioner Estrada made a motion, seconded by Commissioner Flores, to set a joint public hearing for 11:00 a.m. on July 5, 1989 to consider approving the execution of an Amended and Restated OPA with Orange Show Plaza Associates and B & M relative to the commercial areas of the Auto Plaza. o The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. Community DeveloDment Commission Commissioner Estrada made a motion, seconded by Commissioner Flores, to set a joint public hearing for 11:00 a.m. on July 5, 1989 to consider approving the execution of an Amended and Restated OPA with Orange Show Plaza Associates and B & M relative to the commercial areas of the Auto Plaza. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. o 5 June 19, 1989 ~ o o , 11. Setting of Public Hearing regarding the Miles House Restoration. C Mayor and Common Council Commissioner Estrada made a motion, seconded by Commissioner Flores, to set a joint public hearing for 11:00 a.m. on July 5, 1989 to consider the sale of certain real property owned by the Redevelopment Agency within the Central City North Project to Rock Enterprises, subject to the conditions described in the staff report. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. Community Develooment Commission Commissioner Estrada made a motion, seconded by Commissioner Flores, to set a joint public hearing for 11:00 a.m. on July 5, 1989 to consider the sale of certain real property owned by the Redevelopment Agency within the Central City North Project to Rock Enterprises, subject to the conditions described in the staff report. The motion carried by the fOllowing vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. o 12. Arthur Gregory OWner Participation Agreement Platt BUilding. A discussion ensued. Commissioner Estrada stated that as Chairman of the Redevelopment Committee she had already instructed Agency Staff to prepare a list of all Agreements in default. Furthermore, Mayor Holcomb wishes at this point to take action on the Participation Agreement even though it did not go through the Redevelopment Committee first. She stated that she had no problem taking action on this issue at this time. Commissioner Estrada made a motion, seconded by Commissioner Maudsley, to declare Arthur Gregory in default of the Owner Participation Agreement dated January 25, 1983 (amended January 21, 1986) and authorize staff and counsel to pursue all remedies available under said Agreement. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. o 6 June 19, 1989 '.'.,~",,=!(l;I 13. o Closed Session to discuss pending litigation. Pursuant to Government Code Section 54956.9(a), the Agency will meet to confer with its attorneys regarding pending litigation which has been formally initiated and to which the Commission is a party. The title of the litigation is America Diversified Savings Bank and North America Savings and Loan Association, FSLIC appeals. o . , c 14. Closed Session to discuss pending litigation. Pursuant to Government Code Section 54956.9(a), the Agency will meet to confer with its attorneys regarding pending litigation which has been formally initiated and to which the Commission is a party. The title of the litigation is Goblirsch vs. City. Commissioner Flores made a motion, seconded by Commissioner Miller, to recess to closed session. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. RECESSED MEETING At 12:10 p.m., the Community Development Commission/Redevelopment Agency recessed to closed session o MEETING RECONVENED At 12:20 p.m., the Community Development Commission/Redevelopment Agency meeting was called to order by Commissioner Jack Reilly. ROLL CALL Roll Call was taken with the following being present: Members Esther Estrada, Jack Reilly, Jess Flores, Michael Maudsley, Tom Minor, Valerie Pope-Ludlam, Norine Miller. STAFF PRESENT Steven H. Dukett, Executive Director; John Hoeger, Development Manager; Dennis A. Barlow, Senior Assistant City Attorney; Doris Reese, Deputy City Clerk; Margie Vance, Recording Secretary. 15. Adjournment. Commissioner Estrada made a motion, seconded by Commissioner Flores, to adjourn to 9:00 a.m., on Wednesday, June 21, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Flores, o Absent: mot ion carried Maudsley, Minor, None. by the following vote: Ayes: Members Estrada, Reilly, Pope-Ludlam, Miller. Noes: None. Abstain: None. 7 June 19, 1989 . c o o o 1"""\ -..) COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO MINUTES REGULAR. MEETING July 5, 1989 11:10 a.m. The Community Development Commission/Redevelopment Agency meeting was called to order at 11:10 a.m., on Monday, July 5, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, by Chairman W. R. "Bob" Holcomb. ROLL CALL Roll Call was taken with the following being present: Members Esther Estrada, Jack Reilly, Jeaa Flores, Michael Mauds1ey, Valerie Pope-Ludlam, Norine Miller. Absent: Tom Minor. STAFF PRESENT Steven H. Dukett, Executive Director; John Hoeger, Development Manager; James Penman, City Attorney; Dennis A. Barlow, Senior Assistant City Attorney; Marshall Julian, City Administrator: Shauna Clark, City Clerk; Margie Vance, Recording Secretary. Public Comments on Items not on Agenda. There were no public comments. 1. Tri-City Redevelopment Project Area Citizens Advisory Committee Minutes of March 9, 1989. Commissioner Reilly made a motion, seconded by Commissioner Estrada, to approve the minutes of the meeting of the Tri-City Redevelopment Project Area Citizens Advisory Committee held on March 9, 1989, as submitted in typewritten form. The motion carried by the following vote: Flores, Mauds1ey, Pope-Ludlam, Miller. Noes: Absent: Minor. Ayes: Members Estrada, Reilly, None. Abstain: None. 2. South Valle B.edeve1opaent Project Area Citizens Advisory Committee Minutes of February 24, 1989. Commissioner Reilly made a motion, seconded by Commissioner Estrada, to approve the minutes of the meeting of the South Valle Redevelopment Project Area Citizens Advisory Committee held on February 24, 1989 as submitted in typewritten form. The motion carried by the following vote: Flores, Maudsley, Pope-Ludlam, Miller. Noes: Absent: Minor. Ayes: None. Members Estrada, Reilly, Abstain: None. 1 July 5, 1989 1793R I, t o 1"""\ -..) TO BE HEARD AT 11:00 A.M. e 3. Joint Public Hearing - To discuss the Auto Plaza Comaercial Areas The City Clerk read the titles of the Resolutions. Mayor and Common Council RESOLUTION NO. 89-230 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE REHABILITATION AND IMPROVEMENT OF B.EAL PROPERTY PURSUANT TO AN AMENDED AND RESTATED OWNER PARTICIPATION AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, ORANGE SHOW PLAZA ASSOCIATES, VICTOR H. BOYD AND GREG D. MCCLELLAND. Community Development Commission RESOLUTION NO. 5194 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE REHABILITATION AND IMPROVEMENT OF B.EAL PROPERTY PURSUANT TO AN AMENDED AND RESTATED OWNER PARTICIPATION AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, ORANGE SHOW PLAZA ASSOCIATES, VICTOR H. BOYD AND GREG D. MCCLELLAND. o Council Member/Commissioner Reilly made a motion, seconded by Council Member/Commissioner Miller to close the Joint Public Hearing, to waive further reading of the resolutions and to adopt the resolutions. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Mauds1ey, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: Minor. TO BE HEARD AT 11:00 A.M. 4. Joint Public Hearing - To discuss the Miles House Restoration The City Clerk read the titles of the Resolutions. Mayor and Common Council RESOLUTION NO. 89-229 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE CONVEYANCE BY MEANS OF SALE OF CERTAIN B.EAL PROPERTY PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ROCK ENTERPRISES. o (C) Move that the Miles House located at 439 West 8th Street is a qualified historical structure pursuant to Section 18955 of the State Historical Building Code and that the house is deemed of importance to the history, architecture and culture of the area. 2 July 5, 1989 1793R o 1"""\ -....) c Community Development Commission RESOLUTION NO. 5195 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE CONVEYANCE BY MEANS OF SALE OF CERTAIN B.EAL PROPERTY PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ROCK ENTERPRISES. (E) Authorize the execution of a Dispostion and Development Agreement with Rock Enterprises for the sale of Agency owned property in the Central City North Project Area. Council Member/Commi8sioner Maudsley made a motion, seconded by Council Member/Commissioner Miller, to close the Joint Public Hearing, to waive further reading of the resolutions and to adopt the resolutions and also to approve motions (C) and (E). The motion carried by the following vote: Ayes: Members Estrada, Reilly, Mauds1ey, Pope-Ludlam, Miller. Noes: Flores. Abstain: None. Absent: Minor. o 5. Agreement8 with Full Service B.ea1 E8tate/Economic Con8ulting Firm8. Commi8sioner Mauds1ey made a motion, seconded by Commis8ioner Flores, to authorize execution of Agreements with KeY8er Martson Associates, Inc., Natelson-Levander-Whitney, and Kotin, Regan & Mouch1y, Inc., for full service real estate/economic consulting services. The motion carried by the following vote: Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Abstain: None. Absent: Minor. Ayes: Members Estrada, Noes: None. 6. Status of Agreements in Default or Technical Default Commi8sioner Flores made a motion, seconded by Commissioner Reilly to approve the following motions: (A) That the attached report of the status of projects in default or technical default be received and filed; and (B) That the agreement with Ted and Jacqueline DeGroot be declared in default and that Agency staff and counsel be authorized to pursue all remedies under the agreement. o The motion carried by the following vote: Reilly, Flores, Mauds1ey, Pope-Ludlam, Miller. Abstain: None. Ab8ent: Minor. Ayes: Members Estrada, Noes: None. 3 July 5, 1989 1793R , c c o o 1"""\ -....) Commissioner Estrada requested to take Agenda Item RS-2 through RS-7 next and to come back at a later time and take item RS-l. RS-2 Proposed Agreeaent with Hawkins, De1afield and Wood Commissioner Estrada made a motion, seconded by Commissioner Pope-Ludlam to authorize the execution of an Agreement with Hawkins, De1afie1d and Wood for bond counsel services. The motion carried by the following vote: Ayes: Reilly, Pope-Ludlam, Miller. Noes: Flores, Maudsley. Absent: Minor. Members Estrada, Abstain: None. RS-3 Building at 5055 Hal.lJlarlt Parltvay - Covenant with EDA Commissioner Flores made a motion, seconded by Commissioner Reilly, to authorize the execution a Covenant between the Economic Development Administration and the Redevelopment Agency. The motion carried by the fOllowing vote: Reilly, Flores, Mauds1ey, Miller. Noes: None. Absent: Minor. Ayes: Members Estrada, Abstain: Pope-Ludlam. RS-4 Convention and Visitors Bureau Services - Miss Teen USA Pageant Commissioner Estrada made a motion, seconded by Commissioner Mauds1ey, to authorize a *10,000 purchase order with the Convention and Visitors Bureau (or other appropriate entity) for the purpose of assisting them in obtaining an AT&T Ready Line and Voice Mail Services, necessary and appropriate to promoting the City of San Bernardino before, during and immediately after the Miss Teen USA pageant. The motion carried by the folloWing vote: Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Abstain: None. Absent: Minor. Ayes: Members Estrada, Noes: None. COMMISSIONER POPE-LUDLAM LEFT THE COUNCIL TABLE. RS-5 Pace Warehouse - Certificate of Compliance Commissioner Estrada made a motion, seconded by Commissioner Flores to authorize the execution of a Second Amendment to Owner's Participation Agreement and issuance of a Certificate of Compliance for Haagen-Tri-City Center. The motion carried by the follOwing vote: Reilly, Flores, Mauds1ey, Miller. Noes: None. Absent: Minor, Pope-Ludlam. Ayes: Members Estrada, Abstain: None. 4 July 5, 1989 1793R o 1"""\ 1...1 , 7. Closed Session to discuss prospective litigation and personnel matters. c Pursuant to Government Code Section 54956.9(c), the Commission will meet in Closed Session to decide whether to discuss prospective litigation. Pursuant to Government Code Section 54957 the Community Development Commission of the Redevelopment Agency of the City of San Bernardino will convene in closed session to consider personnel matters. Commissioner Estrada made a motion, seconded by Commissioner Reilly, to recess to closed session. The motion carried by Flores, Maudsley, Miller. Pope-Ludlam. the following vote: Ayes: Members Estrada, Reilly, Noes: None. Abstain: None. Absent: Minor, COMMISSIONER POPE-LUDLAM RETURNED TO THE COUNCIL TABLE. RECESSED MEETING At 12:00 p.m. The Community Development Commission/Redevelopment Agency recessed to closed session. MEETING RECONVENED At 1:10 p.m., The Community Development Commission/Redevelopment Agency meeting was called to order by Chairman W. R. "Bob" Holcomb. o ROLL CALL Roll Call was talten with the following being present: Members Esther Estrada, Jack Reilly, Jess Flores, Michael Maudsley, Valerie Pope-Ludlam, Norine Miller. Absent: Tom Minor STAFF PRESENT Steven H. Dukett, Executive Director; Dennis A. Barlow, Senior Assistant City Attorney; James F. Penman, City Attorney; Marshall Julian, City Administrator; Shauna Clarlt, City Clerk; Margie Vance, Recording Secretary. Chairman Holcomb stated that in the Closed Session the Commission discussed the prospective litigation and that no action was talten on this matter. Also, that the personnel matter was discussed and that it was necessary to adjourn to the afternoon to further review the item. Commissioner Flores made a motion, seconded by Commissioner Reilly to adjourn to 2:00 p.m. in the afternoon or as soon thereafter as the matter can be heard, to further review the item. The motion carried by the following Flores, Maudsley, Pope-Ludlam, Miller. Absent: Minor. vote: Ayes: Noes: None. Members Estrada, Reilly, Abstain: None. o 5 July 5, 1989 l793R '\ c o o o ~ \,., RECESSED MEETING At 1:13 p.m. The Community Development Commission/Redevelopment Agency recessed to 2:00 p.m., in the afternoon or as soon thereafter as the matter can be heard. MEETING RECONVENED At 5:35 p.m., The Community Development Commission/Redevelopment Agency meeting was called to order by Chairman W. R. "Bob" Holcomb. ROLL CALL Roll Call was talten with the following being present: Members Esther Estrada, Jaclt Reilly, Jess Flores, Michael Mauds1ey, Norine Miller. Absent: Tom Minor, Valerie Pope-Ludlam, STAFF PRESENT Dennis A. Barlow, Senior Assistant City Attorney; Marshall Julian, City Administrator; Shauna Clarlt, City Clerk. as-6. Adjournment Commissioner Flores, made a motion, seconded by Commissioner Mauds1ey, adjourned to Monday, July 10, 1989 at 4:00 p.m. to further discuss itemRS-l and Personnel Matters in Closed Session 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, Flores, Maudsley, Miller. Noes: None. Abstain: None. Absent: Minor, Pope-Ludlam. 6 July 5, 1989 1793R c c o o o COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO MINUTES ADJOURNED REGULAR. MEETING July 10, 1989 4:05 p.m. The Community Development Commission/Redevelopment Agency meeting was called to order at 4:05 p.m., on Monday, July 10, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, by Chairman W. R. "Bob" Holcomb. ROLL CALL Roll Call was taken with the following being present: Members Esther Estrada, Jack Reilly, Jess Flores, Valerie Pope-Ludlam, Norine Miller. Absent: Michael Maudsley, Tom Minor. STAFF PRESENT Dennis A. Barlow, Senior Assistant City Attorney; Marshall Julian, City Administrator: Shauna Clark, City Clerk; Margie Vance, Recording Secretary. Public Comments on Items not on Agenda. There were no public comments. COMMISSIONER MAUDSLEY ARRIVED AT 4:30 P.M. 2. Closed Session to discuss personnel _tters. Pursuant to Government Code Section 54957 the Community Development Commission of the Redevelopment Agency of the City of San Bernardino will convene in closed session to consider personnel matters. Commissioner Estrada made a motion, seconded by Commissioner Reilly to, recess to closed session. The motion carried by the following vote: Reilly, Flores, Mauds1ey, Pope-Ludlam, Miller. None. Absent: Minor. Ayes: Members Estrada, Noes: None. Abstain: RECESSED MEETING At 5:10 p.m. The Community Development Commission/Redevelopment Agency recessed to closed session. 1 1792R July 10, 1989 /, L o o o o o MEETING RECONVENED At 5:55 p.m., The Community Development Commission/Redevelopment Agency meeting was called to order by Chairman W. R. "Bob" Holcomb. ROLL CALL Roll Call was taken with the following being present: Members Esther Estrada, Jack Reilly, Jess Flores, Michael Mauds1ey, Valerie Pope-Ludlam, Norine Miller. Absent: Tom Minor STAFF PRESENT Dennis A. Barlow, Senior Assistant City Attorney; Marshall Julian, City Administrator: Shauna Clarlt, City Clerk; Margie Vance, Recording Secretary. 1. Proposed Katz, Hollis, Coren and Associates Contract Amendment. Chairman Holcomb suggested that the action to be taltne would be authorization to allow Katz Hollis $2,500 more to finish the work that they have undertaken. Commissioner Miller made a motion, seconded by Commissioner Pope-Ludlam, to approve the request. The motion carried by the following vote: Reilly, Flores, Mauds1ey, Pope-Ludlam, Miller. None. Absent: Minor. Ayes: Members Estrada, Noes: None. Abstain: 3. Adjourmaent Commissioner Miller made a motion, seconded by Commissioner Pope-Ludlam to adjourn to Monday, July 17, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Reilly, Flores, Maudsley, Pope-Ludlam, Miller. None. Absent: Minor. Ayes: Members Estrada, Noes: None. Abstain: 2 1792R July 10, 1989