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Home My WebLink AboutBook 20 01/13/77 - 07/07/77 r: lI-, o c 4456 MINUTES OF THE ADJOURNED REGULAR MEETING OF JANUARY 13, 1977 HELD AT 3: 00 P.M., THURSDAY, 300 NORTH "D" STREET, SAN BERNAR- DINO, CALIFORNIA. Chairman Green called the meeting to order at 3: 10 p.m. Roll Call showed the following: Agency Members Present: Blum, Obershaw, Wilson and Green. Agency Members Absent: Hinojosa, Stephenson and Guhin. Also Present: Ralph Shadwell, Jr. , Executive Director, Wm. A. Flory, Agency Counsel and Barbara Brown, Executive Secretary. Chairman Green requested that persons from the audience stand and identify themselves, addressing themselves to whatever Agenda Items they might be interested in. This they did and the Chairman proceeded with the Agency's business. APPROV AL OF MINUTES: The Minutes for December 16, 1976 were submitted for approval. Motion to approve the Minutes made by Wilson and seconded by Blum. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Wilson and Green. Noes: None. Abstention: None. Absent: Hinojosa, Stephenson and Guhin. The Minutes for December 21, 1976 were submitted for approval. Motion to approve the Minutes made by Blum and seconded by Wilson. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Wilson and Green. Noes: None. Abstention: None. Absent: Hinojosa, Stephenson and Guhin. The Minutes for December 28, 1976 were submitted for approval. Motion to approve the Minutes made by Wilson and seconded by Blum. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Wilson and Green. Noes. None. Abstention: None. Absent: Hinojosa, Stephenson and Guhin. ELECTION OF OFFICERS: Chairman Green stated that the Agency was required by the By-Laws to elect officers for the forthcoming year at the first meeting held subsequent to January 1st. Mr. Wilson made a motion that all Officers be reelected for the following year. For the record, the following reelected: Wallace Green reelected Chairman of the Redevelopment Agency Board of Directors. Irmgard Blum reelected Vice Chairman of the Redevelopment Agency Board of Directors. Ralph E. Shadwell, Jr. , reelected Secretary-Treasurer of the Redevelopment Agency. Motion made by Wilson and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Wilson and Green. Noes: None. Abstention: None. Absent: Hinojosa, Stephenson and Guhin. 4457 MUTUAL BENEFIT RESOLUTION AUTHORIZING EXPENDITURE OF CENTRAL CITY NORTH FUNDS IN CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA. Mr. Shadwell explained to the Board the necessity of the adoption of this Resolution. ..,........ Mr. Obershaw inquired if the City would pay these funds back and Mr. Shadwell stated that . .... the Agency has requested the funds already, however, at this time the Agency doesn't ....J know if we will be reimbursed. Mr. Obershaw stated that he couldn't vote for the resolu- tion if the City doesn't pay for the costs. Mr. Wilson stated that he feels the City-County- Exchange transaction is important enough for the resolution to be authorized whatever the cost might be, but that he too felt strongly about the Agency being reimbursed. Mr. Green referred to the previously approved Exchange Agreement and stated that in fact, the Agency is already morally obligated. After discussion the following Resolution was adopted: RESOLUTION NO. 3339 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FROM CENTRAL CITY NORTH PROMISSORY NOTE PROCEEDS FOR THE PAYMENT OF DEBTS INCURRED FOR THE PURCHASE OF CERTAIN PROPERTIES FOR PUBLIC PURPOSES LOCATED WITHIN CENTRAL CITY EAST, 'WITHIN THE CIVIC CENTER COMPLEX. WHEREAS, on June 23, 1952, the Mayor and Common Council, by Resolution No. 2361, did create the Redevelopment Agency of the City of San Bernardino, California; and ~ J WHEREAS, on the 6th day of August, 1973, the Mayor and Common Council, after public hearing thereon, approved the adoption of Ordinance No. 3366, approving and adopting a redevelopment plan for the Central City North Project; and WHEREAS, on the 3rd day of May, 1976, the Mayor and Common Council, after public hearing thereon, approved the adoption of Ordinance No. 3571 approving and adopting a redevelopment plan for the Central City East Proj ect; and WHEREAS, Section 33445 of the Health and Safety Code provides that a Redevelop- ment Agency, at the request of and with the consent of a legislative body, may pay all or part of the value of the land for and the cost of the installation and con- struction of any building, facility, structure, or other improvement which is publicly owned either within or without a project area, upon determination that such buildings, facilities, structures or other improvements are of benefit to the project area; and WHEREAS, the Redevelopment Agency on October 7, 1976, adopted Resolution No. 3273 finding and determining that the expenditure of funds by the Agency to pay all or part of the value of land for and the cost of the installation and construction of any building, facility, structure, or other improvement which is publicly owned either within or without the Central City North Redevelopment Project Area is made with the full realization that such buildings, facilities, structures, or other improvements are of mutual benefit to the Central City North Redevelopment Project Area; and l ...... WHEREAS, the City of San Bernardino on October 14, 1976, adopted Resolution No. r 'I '-- c [ 4458 12566, consenting and approving the expenditure of funds by the Redevelopment Agency for the installation and construction of public improvements outside of the Central City North Project Area and found that said public improvements will be a benefit to Central City North pursuant to the requirements of Health and Safety Code Section 33445; and WHEREAS, the City by Resolution No. 11666, adopted February 4, 1974, authorized the expenditure from tax allocation bond proceeds by the Redevelopment Agency for the installation and construction of public improvements, purchase of property for sale to p'liblic or private entities within and without of designated project boundaries of Redevelopment Proj ects Calif. R -79, Calif. R -10, Central City North and the Overall Central City Area, and found, determined and declared that such improvements and/or purchases for sale are mutually beneficial to the aforementioned project areas and requested the Agency to proceed in accord- ance with said resolution; and WHEREAS, the Redevelopment Agency, the City of San Bernardino and the County of San Bernardino have executed an Exchange Agreement, which provides the County of San Bernardino with a four block area bounded by Third Street to Fifth Street and Arrowhead Avenue to Sierra Way for the purpose of developing the County "Civic Center Complex" consisting of County administrative and judicial facilities; and WHEREAS, the Redevelopment Agency has purchased certain parcels of land within said "Civic Center Complex" , which land will be re-sold to the City of San Bernardino by the Redevelopment Agency, and in turn exchanged by the City for certain County properties; and WHEREAS, there are balances due on the purchase prices of said parcels; and WHEREAS, it becomes necessary to clear title to said parcels of land in order that said land may in fact be available for disposition to the City of San Bernardino; and WHEREAS, any proceeds from the sale of said properties to the City will be deposited in the Central City North Project Account as reimbursement to that account. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby find and determine that the expenditure of funds from Central City North promissory note proceeds, for the payment of the balances due on the purchase prices of the hereinafter described parcels of real property acquired by the Agency for public purposes located within Central City East, within the Civic Center Complex, is hereby warranted and authorized by Health and Safety Code Section 33445. BE IT FURTHER RESOLVED that the Redevelopment Agency is hereby authorized to make the following payments, plus costs and/or any interest incurred, on the following identified properties with Central City North monies: 135-121-18, 19 234, 236 Fourth Street $112,800 135-121-09 460 Mt. View 50,575 135-121-13 444 Mt. View 93,500 135-121-32,33 NE corner 4th & Mt. View 85,000 4459 BE IT FURTHER RESOLVED that upon the sale of any or all of said above- identified parcels of real property to the City of San Bernardino, any proceeds realized from the sale thereof shall be deposited in the Central City North Project Account as reimbursement for the payment of the above incurred indebtednesses. 1 ...III BE IT FURTHER RESOLVED that this action on the part of the Redevelopment Agency is made with the express understanding that it is subj ect to the review and concurrence of the City Council of the City of San Bernardino. Motion made by Wilson to adopt Resolution No. 3339 and seconded by Blum. Motion carried by the following vote, to wit: Ayes: Blum, Wilson and Green. Noes: Obershaw. Ab- stention: None. Absent: Hinojosa, Stephenson and Guhin. Mr. Guhin arrives at 3:20 p.m. Mr. Hinojosa arrives at 3:25 p.m. APPROVE MOTION IN PRINCIPLE, ACQUISITION OF PROPERTY IN CENTRAL CITY NORTH, SPECIFICALLY PARCELS 134-131-03, 04 and 05, AT COUNTY ASSESSOR'S APPRAISED VALUATION: RELOCATE EXISTING TENANTS: DEMOLISH THE BUILDINGS AND DISPOSE OF A PORTION OF THE PROPERTY ACQUIRED. Mr. Green referred to a newspaper article in the Sun Telegram which appeared Saturday, , January 8, 1977 setting forth the plans of Omnitrans regarding a new bus terminal. Mr. Green then read aloud the following letter from Omnilrans. .j January 11, 1977 Ralph Shadwell, Executive Director San Bernardino Redevelopment Agency San Bernardino City Hall 300 North "D" Street San Bernardino, California 92418 Dear Mr. Shadwell: At the meeting of the Omnitrans Board of Directors, held on the 5th day of January, 1977, said Board authorized the Omnitrans General Manager to commence negotiations with the City of San Bernardino, and the San Bernardino Redevelopment Agency, in order to re- locate a portion of the Bus Passenger Terminal to the north side of 4th Street, between "E" and "F" Streets, and said General Manager was instructed to report back to said Omnitrans Board of Directors, his findings, at a future date. Very truly yours, J I sl Paul G. Marsh, General Manager PGM: mrc r '- [ [ 4460 Mr. Obershaw inquired about the demolition and relocation costs and was informed by Mr. Green that the Agency is directly responsible for the relocation costs. Mr. Obershaw stated that he wants a written agreement between the Agency and Omnitrans before we buy any property. Further discussion disclosed that Omnitrans pays no taxes. Mrs. Blum inquired what would be the advantage to having the bus depot located in that area and Mr. Green informed her that he feels that "E" Street itself would be vitally affected. Perhaps this would give the property owners the incentive necessary to revitalize "E" Street. Mrs. Blum further stated that she was not at all sure that Omnitrans was the answer. Mrs. Blum then requested Mr. Hoffman, who was in the audience, what his reaction was to the relocation. Mr. Hoffman stated that he saw no advantage or disadvantage. At this point Mr. Obershaw made a motion to acquire the property and Mr. Wilson seconded it. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Stephenson. MOTION APPROVING EXPENDITURE OF AGENCY FUNDS FOR ADDITIONAL IMPROVEMENTS FOR PUBLIC ENTERPRISE CENTER ON BEHALF OF OPERATION SECOND CHANCE, INC. Mrs. Grice, Executive Director of Operation Second Chance, Inc. explained to the Board that there are six exterior doors that have no alarms and she feels very strongly that the security of the Public Enteprise Center Structure is impaired. The cost for installing the 6 alarms will cost $850.00. Mr. Jones, Director of Operations for the Agency spoke re- garding the security system. Mr. Obershaw inquired if the Agency will absorb the $850 expendi ture and was informed yes. Mrs. Blum then stated that she had been to the Acceptance Ceremony and was very impressed with the structure. Mrs. Blum further stated that Assemblyman Terry Goggin spoke very highly of the San Bernardino Agency. Assemblyman Goggin was quoted as saying that San Bernardino's Agency had a very high, impressive reputation in Sacramento. Mr. Obershaw then made a motion to absorb the $850.00 cost and have the six alarm systems installed. Mr. Guhin seconded the motion. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Stephenson. Mr. Green then instructed Mr. Flory to look into the matter of the billing for security from Louis Fortuna. This billing has been forwarded to Sunray Construction Co. for payment and is not an Agency responsibility, however, the Board would like to assist Mr. Fortuna as much as possible in obtaining payment for his services. . APPROVE MOTION, IN PRINCIPLE, AUTHORITY FOR AGENCY STAFF TO SELL EXCESS PROPERTY LOCATED ADJACENT TO THE YMCA. Mr. Green explained to the Board that this property had been in escrow over 8 months and thus far the YMCA personnel had done nothing to close the escrow. There has been some interest generated in the property by private parties and the Agency Staff would like authority to cancel the escrow and sell the property. Mr. Green then pro- ceeded to read the following letter from the YMCA aloud to the Board: 4461 January 13, 1977 --- Mr. Wallace Green Chairman, Redevelopment Agency of San Bernardino 300 North "D" Street San Bernardino, CA 92401 ..... Dear Mr. Green: We have received your letter regarding the purchase by the Y.M.C.A. of the Sixth and Arrowhead parcel of land. It was our hope to get a written statement from the City of San Bernardino as to whether a building could be built using normal construction techniques on that corner over the top of Town Creek. As of this time we do not have that statement. Would the Redevelopment Agency consider splitting the parcel and selling to the Y.M.C.A. the inside l50x300 feet? This would leave a corner piece of 100' on 5th and 300' on Arrow- head which the agency could sell. We are anxious to close the escrow started last year and it is our hope the matter can be settled in the near future. ,., Cordially, ..".j I sl Harry R. Lambert President sd Copy to R. E. Shadwell, Jr. Mr. Green stated that he would like the Board to consider holding this matter over until the next board meeting to consider the Y . M . C . A. 's letter. Mr. Wilson made the motion and Mrs. Blum seconded the motion to hold over consideration on this matter until the February 3rd meeting. Mr. Green asked Mr. Stuart Caldwell, sitting in the audience, representing the YMCA if he had any remarks to would like to address to the board. Mr. Caldwell stated that the Y was interested in the property, however they are concerned about the Town Creek Channel , especially after the so-called cave in near 8th St. after the rainfall. Mr. Green pointed out, emphatically, to Mr. Caldwell, that all parties at the time the escrow origi- nated knew about Town Creek and that the Agency was aware that the YMCA was certainly aware of the Channel. Motion to hold the meeting over until February 3rd was then carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson and Green. Noes: None. Abstention: Guhin. Absent: Stephenson. ... 'I i 'I RECONSIDERATION OF PORTIONS OF AGENCY FINDER'S FEE RESOLUTION. U Mr. Green explained to the Board that the Agency Staff had received a letter from a local r ~ c [ 4462 broker, Mr. Ed Jacobsen, with reference to fhenewly adopted Finder's Fee Resolution. Mr. Green then read aloud the following letter: December 22, 1976 Redevelopment Agency City of San Bernardino City Hall 300 No. "D" Street San Bernardino, CA 92401 :i ATTN: Board of Directors Gentlemen: My attention has been called to the article in the Sun-Telegram of Wednesday, Decem- ber 22,regartlingtrtatters which you determined at your'meeting of December 21" The issue is the policy of finder's fees 'in payment to Brokers in which there appear to be two parts of consideration - one of which I agree with and one of which I feel would be deterrent to: future sales of property within your jurisdictional are~; ! I agree with the concept that a Broker cannot have as (sic) a principal and receive both the benefits of a sale to or from. the Redev'eloprnent Agency and at the same time participate in a finder's fee lor a Broker in the same transaction. At this point, I would say that this is a well-determined decision and one that should not be debatable. A second item, which I agree is long overdue, is a method of affirmatively registering by affida~it from the :dwner or developer and. the' Broker 'as to the claim of a Broker for the finder's fee and whether he was in fact the one who first contaded the agenoy or was brought in at a subsequent date by a potential developer or owner purely for the purpose of obtaining a "free" ride for the collection of a finder's fee. The area in which I do disagree is the one in which you have indicated that you will no longer pay commissions or finder's fees to a Broker who bring's to you an owner or developer who may be relocating a business in the Redevelopment Agency from a location in the City of San Bernardino outside of a development agency area. While I have not been involved in transactions wiith the Redevelopment Agency, I feel that the willingness of agencies that pay commissions to Brokers who legitimately bring clients to the agency's attention and consummating a sale with them is a legitimate one and should be encouraged to the ultimate extent. A Broker who may be in the position of being able to take an owner to you for purposes of sale or lease of property and is faced with the ability of taking that same client to an area outside of the development' agency and especially outside of the trade area of the City of San Bernardino is faced with the necessity of determining whether he will give up a client or in effect scuttle the Redevelopment Agency's project. I think you would be well-advised to again review your policy and come to a conclusion 4463 tha.t Brokers Who legitilIlqt~ly QriJ.1.gcyeuj:li~ts tJ'lathave,Jnot beep. eth~r,wise exposed te yeur facilities are entitled te a cemmiss;ien an<! aU: ,~.~ol.l~a~m:entsh,o'l;ll<ftJb~giYen' te centinue te maintain the relatienship with the Real Estate Brekerage industry and yeur agency te abserb these preperties which are currently in yeur ihven,tQty.. ~ I 'l ~ ~ WIIIJ I weuld be happy te talk with yeur Beard at any time if yeu feel that there is any merit in such a discussien. Sincerely, /s/ Ed Jacebsen, Realter RONNING & JACOBSEN, REAL TORS sh II! Mr. Jacebsen then addreEis~d himself te the beard and stated ,that .onel .of tile o~ubje9ts-r he .objects to ,is the appraisal.walues ,plu~ ,his ether ebjec::tio.ns as $tateqin his lettero, te the Agency. Mr. Obershaw stated that he deesn't feel that Finder's Fee sheuld be paidan&that the.cur'rent resolutienshould be upheld " M~I';; IHum, then s;f;ated tha.t she agrees with a number .of Mr. Jacebsen's ebjectiens. Mr,., Gveen all:?o stated., that he ,; ~'.l agrees with seme'efMr. Jaoobsen'sobjections andsees..meri;t.;inhis ,cemments. .At,;! this time Mr. Carl Waelder addressed the beard and requested that the beard re- censider the Finder I s Fee Pelicy. Mr. Wilsen made a metien .t9pefe:rr tJ;1e matter eVE;!l', te the February 3., 1917 meeting which will enable the ~oardtime te evaluate the.., .r, matter. Mrs. Blum secended the metien. Motien carried by the fel1()wing vete, ,te wit: Ayes: Blum, Obershaw, Hinejesa, Wilsen, Guhin and Green. Nees: Nene. Abstentien: Nene;.JAbsent: I Stephensen. :t ,.' 'f.e;;; ~ J j', Mr. Waelder then suggested appeinting a cemmittee .of brekers and beard members te try te werk .out a selutien. This suggestien was heartily endersed by all members and staff. Mr. Green instructed the Agency Staff te set up a W.o:d<;sllepprior te the February 3, 1977 beard meeting. . i ,;j' REQUEST FROM ROBERT B. WALLACE REG~RDING PAYMENT OF AN AGENCY ISSUED NOTE FOR PURCHASE OF PROPERTY, CENTRAL CITY SOUTH. Mr . Green read-a10udthe fellewing letter frem Mr. Wallace,: ~I '.. '1ft Mr. Ralph'shadwell Directer, Redevelepment Agency 300 No. "Du Street San Bernardine, Califernia 'J rU December 27, 1976 Dear Mr. Shadwell: . J It was nice talking with yeu teday, and I eSPecially appreciated yeur suggestien that I discuss with yeur,.Beard varieus eptiens te find a cempremise settlement .of the $17,00.0 nete which was te have rbeen~id in full last April. {OJ r '-' 4464 As I understand the present situation, you are quite willing to extend the note for one year on new interest terms but the Board has given you no authority to negotiate a re- duction in the principal amount. I suggested that since a renegotiation of the note would constitute a partial waiver of foreclosure rights, a compensating reduction in principal (my $1,500 suggestion represents less than a 10% reduction) would seem to be a just compromise. In the event of a satisfactory development offer by some business ,or other, a settlement at this time would relieve the Board of the time and additional expense attendant in start- ing a whole new negotiation to buy outright or through condemnation proceedings. How much faith the Board might place in obtaining a viable development proposal which might include my "G" Street lot (located mid-block below Scotty1s Muffler) is, of course, best determined by the Board. As you explained to me some months ago, the Board intended no breech (sic) of faith in not paying off the note as promised. However, it is my hope that the harsh economic realities of the past might now be viewed by the Board as having been replaced by signs of optimism. At the January 6,1977 meeting, I'd like to discuss that $1,500 principal reduction as a reasonable condition of renegotiation, whcih, while conceding a small pinch to the Agencie's (sic) reserves on that project, would, of course, conserve reserves a bit too by reducing interest and eventual principal payoff. Thanks again, Mr. Shadwell. I'll see you at that 3: 00 meeting. ,.-, ! /s/ Robert B. Wallace U r- I LJ After the letter was read aloud, mr. Wallace then addressed himself to the Board. Mrs. Blum inquired if the Agency needed the property and was informed no. Mr. Obershaw stated that it was his feeling that if we do this for this one gentleman, others will want to follow in the same precedent and we do not have the money for it. Mrs. Blum then suggested that perhaps we study the matter, however', Mr. Obershaw interjected with the thought that there is nothing to study, we simply !can'tpay off the notes we owe at this time. Mr. Obershaw then made a motion to deny the request and Mr. Wilson seconded the motion. Before the vote could be called and recorded, Wm. R. Leonard spoke from the audience expressing his ideas on the subject. The vote was then taken, to wit: Ayes: Obershaw, Hinojosa, Wilson, Guhin and Green. Noes: Blum. Abstention: None. Absent: Stephenson. REQUEST OF VANIR TOWER TO INCREASE THEIR PARKING ALLOCATION FROM 325 SPACES TO 375 IN THE FIVE LEVEL PARKING STRUCTURE. Ml'. Green read aloud the following letter from Vanir Tower Company December 14, 1976 Redevelopment Agency of The City of San Bernardino City Hall 300 North 'D' Street San Bernardino, California 92418 4465 Re: Parking Space Allocation Gentlemen: ~ , " i ....riI On October 2, 1972, we requested that the Redevelopment Agency allocate 375. parking, spaces in the five-story parking structure for exclusive use of Vanir Tower tenants, rather than the 325 spaces previously allocated. This request was based on previous discussions with the Agenc:y staff and the parking study prepared for the Agency by Gruen Associates. At the regular meeting of the Redevelopment Agency held on October 5, 1972, this request was submitted to the Agency Board for consideration and, after discussion, the Board formally took action allocating 325 parking spaces for Vanilt Tower use, with the understanding that upon completion of a proposed parking study, the allocation for additional parkin~ spaces would be considered. It has now been over four years since that decision was made, so again, request is hereby made that the Agency increase the number of parking spaces allo~ated to Vanir Tower to 375. V ery truly your s , VANIR TOWER COMPANY I sl H. FRANK DOMINGUEZ -.. tf .; Mr. Wilson made a motion that the matter be held over until February 3, 1977. Mrs.. Blum seconded the motion . Before the vote was taken, Mr. Obershaw inquired why the additional spaces were needed. Mr. Hicks representing Vanir Tower Company spoke to the board and stated that VanirTower Co. must provide paljking for their tenants. At this time, Vanir is presently using 60 spaces of the 325 allocated to them. Mr. Shad- well spoke advising the Board that there is now a 3 hour parking limit on the third level, thus increasing the parking problem in the 5 level structure. Mr. Green advised the board that he feels the Agency needs the recommended time, as indicated by Mr. Wilson I s motion, to review the studies mentioned in the letter from Vanir Tower Co. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Stephenson. OTHER BUSINESS: Mr. Green stated that the Agency had received a wirtten request from the hotel developer for an additional 30 days and read the following letter aloud: January 11, 1977 .., i) ~j IU ~ Mr. Ralph Shadwell, Director San Bernardino Redevelopment Agency City Hall San Bernardino, CA 92418 4466 Dear Mr Shadwell: r: '--' The New Y or k mortgage banking firm of Brooks, Harvey & Co. , a subsidiary of Morgan Stanley Company, is representing us in securing a permanent loan commitment from an institutional lender for the downtown hotel project. They completed preparing their presentation package late last month and are currently in discussion with lenders. Based on Brooks, Harvey's outstanding track record in obtaining hotel financing (the new Los Angeles Bonaventure and Honolulu Hyatt Regency, for example) and the inform- al feedback we have received thus far, we have every reason to believe that we shall have a permanent loan commitment within the next few weeks. We respectfully request that we be granted a 30-day extension of the predisposition agreement to February 15, 1977. Very truly yours, San Bernardino Grand Hotel, Inc. BY: I sl Frank G. Fleischer, President ,...." Mr. Obershaw made the motion, seconded by Mrs. Blum to extend an additional 30 days I. to San Bernardino Grand Hotel, Inc. Motion carried by the following vote, to wit: ~ Ayes: Blum, Obershaw, Hinojosa, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Stephenson. The AMF AC Building was discussed. Mr. Green stated that in addition to the efforts of Mr. Obershaw and others, after conversation with Mr. Phil Gerber, who represents Amfac, the general consensus is that the building should be demolished and the tenant relocated. The tenant has already been given a 180 day relocation notice and before further action regarding the relocation of the tenant, the action will come before the board. Mr. Wilson made a motion, seconded by Mr. Obershaw to authorize the Agency Staff to proceed to demolish the Amfac Building at the proper time and go to bid, bring- ing the bid results back to the board for their review and action. Motion carried by the following, vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Stephenson. Motion made to adjourn the meeting until February 3, 1977 by Wilson and seconded by Blum. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Stephenson. [ 5: 30 p.m. R. E. Shadwell, Jr. Executive Director .., . il ,J I .""j .., ..1a n .~ WIllI " 'J r ~ [ ,.-. f I LJ 4467 MINUTES OF THE REGULAR MEETING OF FEBRUARY 3, 1977 OF THE REDEVELOPMENT AGENCY , THURSDAY, 3: 00 p . m . 300 NORTH "D" STREET, SAN BERNARDINO, CA. Chairman Green called the meeting to order at 3: 10 p . m . Roll Call showed the following: Agency Members Present: Obershaw, Hinojosa, Wilson, Stephenson and Green. Agency Members Absent: Blum and Guhin. Also Present: Ralph Shadwell, Jr. , Executive Director, Wm. A. Flory, Agency Counsel and Barbara Brown, Executive Secretary. APPROV AL OF MINUTES: The Minutes for January 13, 1977 were submitted for approval. Motion for approval made by Wilson and seconded by Stephenson. Motion carried by the following vote, to wit: Ayes: Obershaw, Hinojosa, Wilson, Stephenson and Green. Noes: None. Abstention: None. Absent: Blum and Guhin. Mrs. Blum and Mr. Guhin both arrived at 3: 12 p.m. Mr. Green requested that persons in the audience introduce themselves, which they did. Mr. Green stipulated that inasmuch as there were persons in the audience interested in items, other than Official Agenda Items, if it was the pleasure of the Board, he would proceed to other business. With no objection, Mr. Green proceeded to other matters of business. GRACE MUTO NOTE-CENTRAL CITY EAST. Mr. Green informed the Board that Mrs. Muto was in the audience and that the Agency had acquired her property located in Central City East. Mr. Dick Young from DBM Realtors read the following letter aloud to the Board: DBM REAL TORS 1452 E. Highland Ave. P.O. Box 3177 San Bernardino, CA 92402 714 886 5101 Doris Burke McKay, Realtor February 3, 1977 Chairman Wallace Green Redevelopment Agency City of San Bernardino City Hall Bldg. 300 North D St. San Bernardino, CA. 92418 lL.I...U ~.A." 4468 Dear Chairman Green: Reference San Bernardino property formerly designated as 199 East 4th St. , previously owned by Ms. Grace Muto. .... ! i ..",., I represented Ms. Muto during the latter part of 1974 and the early part of 1975 when the Redevelopment Agency of the city of San Bernardino purchased the above referenced property thru (sic) Bill Leonard, who was then associated with the San Gorgonio Land Company. Escrow closed on 21 March 1975. As I am sure you are aware, the agency was unable to meet their committment to her. This failure to perform has caused an extreme hardship on Ms. Muto and her family. Ms. Muto is a disabled widow, 64 years old. She is unable to work due to chronic arthritis. For this she receives a small disability compensation. It is however, no- where near that which is required to live. Ms. Muto's daughter, Vicki, is majoring in Music at California State College of San Francisco. She is a very talented and dedicated (sic) who intends to continue her preparation for a career as an opera singer. However, because Ms. Muto has received no payments from the agency since very early last year, Vicki has been forced to drop some of her classes, so she can work part-time to help with expenses. The underlying rationale for selling the property was to use the money to help finance J Vicki's education, as well as supplement Ms. Muto's already too low disability com- . .. pensation. I am sure that you can share with me the disappointment this situation has . caused Ms. Muto and her daughter. Ms. Muto understands the difficulties involved with the liquidity of the agency's past financing. In spite of this, I feel inadequate in the ability to answer some of the fol- lowing questions from her: 1. If we both entered into a contract in good faith, why are they allowed to break their clauses with impunity? 2. What good did it do me to sell the property, when I can't get the agreed upon money? 3. If I do try to foreclose what good will it do me? They have already torn down the little house which was on the lot. At least before I could have rented it out and make a small amount. 4. Even if the agency did want to renegotiate, why did they have to stop my payments all together (sic)? 5. I can't live like this. How can I get some relief? Ms. Muto and I both understand that the agency does not have enough ready cash avail- able to payoff everyone in full, or even according to the original payoff schedule. However, we do feel that this is an extreme hardship and ask that you look favorably i,J.,.,.,. and with empathy and expediency upon Ms. Muto's request that she be paid the past '. due payments and that she once again be placed back on the original payment schedule. The need is urgent! ~J D." H.Jj [ [ [ 4469 Thank you for your time and interest. I hope that you will grant her request. Very truly yours, /s/ Dick Young, Realtor-Associate Mr. Green then asked Mrs. Muto if she agreed with the statements, as set forth in Mr. Young's letter and Mrs. Muto replied that she did. Mr. Green then read aloud the following letter from Mrs. Muto: January 24, 1977 Dear Sirs, I am writing to you in hopes that you can help me. I sold a small income property to The Redevelopment Agency (RDA) of San Bernardino for $9,500.00, down payment was $1,425.00 and the rest to be paid in 4 years. The interest was to be paid each 3 months at the rate of 7%. I received interest for ~ year (1975), I received ~ interest payment last year (1976) and ~ since The R. D. A. tore the house down when they purchased it, so I cannot even take it back to rent it again. From time to time I read some news of the R.D.A. and the reasons why they cannot pay most of the people they owe. I am a widow and am 64 years old. I have a daughter in collage (sic) and I cannot work because of arthritis in my back, hands and arms. I am on disability. I am in great need of my money due me from R.D.A. I was depending on the interest to help me maintain my budget. Is there any way you can help me, please. I am sending the same letter to the R. D. A. Sincerely, / s/ Mrs. Grace Muto 667E.19thSt. San Bernardino, CA 92404 copy: 714 886 8445 P. S. I sent this letter to Help (Sun Co.) and Action 4-Ch 4-T . V. Station Mr. Obershaw asked Mrs. Muto how old her daughter was and Mrs. Muto replied that she was 22. He then asked what the income had been from the rental and was informed that the monthly rental was $75.00 per month. Mr. Stephenson inquired where the property was located and Mr. Shadwell stated that the property was located on 4th St. , between Sierra Way and Waterman Avenue. Mr. Wilson stated that he feels if Mrs. Muto has the hardships she so states, then he 41 4470 feels that the Agency should make payments. Mr. Obershaw and Mr. Green both stated that they feel the Agency should pay Mrs. Muto up to date in the amount of $471. plus all quarterly payments henceforth at 7% interest. Motion made by Wilson and seconded by Guhin to pay Mrs. Muto the amount of $471. 00 and all quarterly payments at 7% interest henceforth. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. -, i ..." OWNER PARTICIPATION AGREEMENT-PAUL REED BUICK-OPEL AGENCY-SEIP Mr. Green explained that the developer is now in escrow to construct a new facility to be located in the Agency's Southeast Industrial Project. The developers are re- questing two years tax increment assistance. Mr. Wilson inquired if the project would "go" without the tax relief and Mr. Carl Waelder, representing the developer answer- ed that he really could not give the board a reply to the question. Mr. Obershaw stated that he felt it a viable project and would vote for the assistance. After dis- cussion the following resolution was adopted: RESOLUTION NO. 3340 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIR- MAN AND SECRETARY TO ENTER INTO PROPERTY OWNER'S PARTICIPATION AGREEMENT WITH PAUL C. REED AND BETTY J. REED, dba PAUL C. REED BUICK-OPEL AUTOMOBILE AGENCY, SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA. , ...,., WHEREAS, the Redevelopment Plan for the Southeast Industrial Park Redevelop- ment Project Area was adopted by the City of San Bernardino by Ordinance No. 3583 on June 21, 1976; and WHEREAS, the Plan provides for the participation in the renewal and redevelop- ment of property in the Project Area by the owners of certain parcels of property if the owner agrees to participate in the redevelopment in conformity with the Plan; and WHEREAS, Paul C. Reed and Betty J. Reed desire to participate in said Project by the development of Paul C. Reed Buick-Opel Automobile Agency, to be developed on their property located at 1415 South "E" Street; and WHEREAS, the Redevelopment Agency has reviewed the proposed development and has determined it to be in the best interest of the Project Area. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to enter into a Property Owner's Participation Agreement with Paul C. Reed and Betty J. Reed, dba Paul C. Reed Buick -Opel Automobile Agency, for property located .... at 1415 South "E" Street, Southeast lndustrial Park Redevelopment Project Area. J r , '-' [ [ 4471 Motion to adopt Resolution No. 3340 made by Obershaw and seconded by Guhin. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. OWNER PARTICIPATON AGREEMENT-MINI-SPACE, INC.-STATE COLLEGE PROJECT Mr. Carl Waelder, representing the developer addressed the Board. He explained that the development would encompass approximately 5 acres and that additional improvements are planned at a later date with no extra cost to the Agency other than the tax increment assistance they are requesting in the amount of $52,975.90. Mrs. Blum stated that she thought the development would be beneficial to the area and would vote in favor of the Agreement. After discussion the following resolution was adopted: RESOLUTION NO. 3341 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIR- MAN AND SECRETARY TO ENTER INTO PROPERTY OWNER'S PARTICIPATION AGREEMENT WITH MINI-SPACE, INC., STATE COLLEGE PROJECT WHEREAS, the Redevelopment Plan for the State College Project Area was adopted by the City of San Bernardino by Ordinance No. 3067 on April 27, 1970; and WHEREAS, the Plan provides for the participation in the renewal and redevelop- ment of property in the Project Area by the owners of certain parcels of property if the owner agrees to participate in the redevelopment in conformity with the Plan; and WHEREAS, Mini-Space, Inc. desires to participate in said Project by the develop- ment of a storage unit complex to be located within the vicinity of Highland Avenue and Mt. Vernon Avenue; and WHEREAS, the Redevelopment Agency has reviewed the proposed development and has determined it to be in the best interest of the Project Area. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to enter into a Property Owner's Participation Agreement with Mini -Space, Inc. , for property located at Highland and Mt. Vernon Avenues, State College Project Area. Motion made to Adopt Resolution No. 3341 made by Blum and seconded by Obershaw . Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. I'll'. . Jl"* _ ,.-_;,"9l1!_,",,,,~,,,,,'.-i 4472 JOINT PUBLIC HEARING-CITY-AGENCY-PARKING DISTRICT LEASE Mr. Green explained that the City is finally in a position to establish a Parking Dis- trict. After considerable discussion the following resolution was adopted: RESOLUTION NO. 3342 ... .~ Ii i ....." RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DETERMINING TO HOLD A JOINT PUBLIC HEARING WITH THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGARD- ING THE LEASING OF CERTAIN REAL PROPERTY TO THE CITY OF SAN BERNARDINO AND SETTING A TIME AND DATE FOR SUCH HEARING AND DIRECTING PUBLICATION OF NOTICE THEREOF AND DIRECTING THAT CER- TAIN INFORMATION BE MADE AVAILABLE TO THE PUBLIC IN CONNECTION WITH SAID LEASE. WHEREAS, the City of San Bernardino, California ("City"), and the Redevelopment Agency of the City of San Bernardino, California, ("Agency"), desire to enter into a cer- tain Parking Facilities Lease ("Lease"), whereby the City would lease from the Agency certain real property, acquired in part through the use of tax increment moneys along with certain parking facilities to be constructed thereon or acquired therewith; and WHEREAS, said real property is to be leased to the City for development pursuant to the Redevelopment Plan for the Central City North Redevelopment Project, the redevelopment project area within which the property is situated, said development consisting of the con- -", struction of off-street parking facilities; and '.. .~ -J WHEREAS, the Mayor and Common Council and the Agency have been advised that recently enacted Section 33433 of the California Health and Safety Code may require additional pro- ceedings prior to the City and Agency entering into the Lease, namely the holding of a pub- lic hearing precedent to approval of the Lease by the Mayor and Common Council, and coun- sel has advised that such public hearing be held. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE REDEVELOP- MENT AGENCY OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION 1: A Public Hearing, to be held jointly with the Mayor and Common Council, is hereby set and ordered to be held and notice is hereby given that such public hearing will be held at: Time: Date: Place: 3:00p.m. February 22, 1977 Council Chambers San Bernardino City Hall 300 North "D" St. San Bernardino, CA 92418 ., -;~ At said public hearing, any and all interested persons may appear and be heard. 1 """'" SECTION 2: The Secretary of the Agency, in conjunction with the City Clerk, is hereby 4473 authorized and directed to cause a copy of the notice of joint public hearing, attached hereto and by this reference incorporated herein, to be published in The Sun Telegram r-. at least once daily on each day of publication of said newspaper for at least two successive I weeks prior to the date of the joint public hearing as above stated. ! ........ SECTION 3: The Secretary of the Agency is hereby directed to make available for pub- lic inspection and copying at a cost not to exceed the cost of duplication, at the Agency's office at 300 North "D" Street, San Bernardino, California, the following documents: (a) (b) A copy of the proposed Lease. A summary which specifies: (1) The cost of the Lease to the Agency, including land acquisition costs, clearance costs, relocation costs, the cost of any improvementE to be provided by the Agency, plus the expected interest on any loan or bonds to finance the Lease. (2) The estimated value of the interests to be leased, determined at the highest uses permitted under the redevelopment plan. r L (3) The sum of the Lease payments which the lessee will be required to make during the term of the Lease. In the event the total amount is less than the fair market value of the interest to be leased, deter- mined at the highest and best use consistent with the redevelopment plan, the Agency shall provide as a part of the summary, an explan- ation of the reasons for the difference. SECTION 4: This resolution shall take effect upon adoption. The foregoing resolution is hereby adopted and approved this 3rd day of February, 1977. Wallace Green, Chairman of the Redevelopment Agency I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Redevelopment Agency of the City of San Bernardino, California, at a Regular Meeting thereof, held on the 3rd day of February, 1977, by the following vote, to wit: AYES: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. NAYES: None ABSENT: None r- I L R. E. Shadwell, Jr. Secretary of the Redevelopment Agency (seal) 4474 Motion made to adopt Resolution No. 3343 by Obershaw and seconded by Blum. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. 1 .....J Mr. Green informed the Board that the Joint Public Hearing is set for February 22, 1977 at 3: 00 p.m. in the City Council Chambers. MOTION DESIGNATING CITY OF SAN BERNARDINO AS AGENT FOR THE REDEVEL- OPMENT AGENCY TO CONSTRUCT PARKING DISTRICT IMPROVEMENTS. Mr. Shadwell briefly explained the need for the motion. Motion to approve the City of San Bernardino as Agent for the Redevelopment Agency to Construct Park- ing District Improvements made by Stephenson and seconded by Guhin. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. DISPOSITION OF PROPERTY IN CENTRAL CITY WEST TO THE CITY OF SAN BERNARDINO. Mr. Green explained that the City, through Community Development Funds, will acquire all the public areas in Central City West. There have been two appraisals and the cost has been determined as $195,000, averaging about $2.45 per sq. ft. Motion made to set a Public Hearing for 3: 00 p. m . , February 17, 1977, to sell the property to the City of San Bernardino by Wilson and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, ... Guhin and Green. Noes: None. Abstention: None. Absent: None. · ..~ '..J SENIOR CITIZING HOUSING-CENTRAL CITY NORTH-ALEXANDER/WEISSMAN Mr. Green stated that the developers, Alexander/Weissman are now in a position to submit to HUD their plans. Before they can do so, they must have Agency Board approval of said plans. Mr. Green then read aloud the following letter: Department of Housing and Urban Development January 18,1977 Mr. Wallace Green, Chairman Redevelopment Agency of the City of San Bernardino 300 No. "D" Street San Bernardino, California 92401 Dear Mr. Green: The Department of Housing and Urban Development will accept a Preliminary Prop- osal for 160 units of elderly housing under Section 8 Housing Assistance Payments Program, to be located in the Redevelopment Area located between Fifth and Sixth Streets and "F" and "G". This is a pre-approved site pursuant to Section 880.203 (e) . .. ~ B U r '- r , I ~ "..... f L 4475 Contract authority in the amount of $687,360 is being made available to provide assis- tance for an estimated 160 units of elderly housing. The Proposal must be received by February 15, 1977, accompanied by a geologic report as required in our previous letter. The assigned L. U .1. to this project site is 6.0. If you have any questions regarding this L. U.1. , you are encouraged to contact Mr. Robert Shaw of this office at (213) 688-7191. Sincerely, I sl Donald G. Phillips Chief Underwriter Housing Production and Mortgage Credit Mr.Alexander displayed the plans for the Board's approval. He stated that each unit will have a patio and a terrace. The total proj ect cost will be 3.5 Million Dollars. Construction to commence after approval from the Board and HUD. Mrs. Blum suggested to Mr. Alexander that he consult with the tenants in Meadowbrook Towers as they have had complaints regarding their senior citizen housing. Mr. Alexander told Mrs. Blum that he had already met several times with the tenants of Meadowbrook and was aware of their complaints. He stated that 10 percent of the units will be for the handicapped. Motion made to approve the plans by Obershaw and seconded by Hinojosa. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. Mr. Joe Baker of the Sun Telegram inquired what the cost of the land was and was informed approximately $157,000. Mr. Green then read aloud the following request for tax increment assistance from the developers, Alexander & Weissman: Alexander & Weissman Developers January 24, 1977 Agency Board of the Redevelopment Agency of the City of San Bernardino City Hall 300 North "D" Street San Bernardino, CA 92401 Honorable Board Members: Please be advised that we have received the long awaited approval for "Section 8" subsidy for the Pioneer Park Plaza Senior Citizen's Residential Complex, by the Federal Department of Housing and Urban Development. ~. HI iHlIlP<' IJ 4476 We can now proceed to submit our building plans to HUD for approval and proceed to secure our commitment for construction and permit financing for the 160 unit apartment complex. The total project is estimated to be 3.5 million. To assure the developments (sic) success, we find it essential to request a commit- ment by the Redevelopment Agency for an amount of financial support not to exceed three years projected tax increment revenue for the construction of all off-site and on-site improvements up to and including grading of the site to specifications for construction. May we hereby request an approval for this required fund? This complex shall be a quality housing facility which will benefit the senior citizens residing there. Sincerely, /s/ Clyde Alexander Alexander & Weissman cc: Mayor W. R. "Bob" Holcomb Members of the City Council NW:HL Mrs. Blum questioned the estimated costs attached to above letter in the total amount of on and off site work of $292,450. Mr. Wilson then inquired if this request will have to go before the City Council and was informed that it would. Discussion re- vealed that if the construction bids come in higher than three years tax increment, the developers will pay the difference. If the bids come in lower than the estimated figure, that will be the figure requested by the developer, not the estimated cost. At any rate, the cost will not exceed three years. Construction will commence in approximately three months. Motion made to approve tax increment assistance for an amount not to exceed three years projected tax increment revenue for Alexander- Weissman by Wilson and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. DISPOSITION OF PROPERTY ADJACENT TO THE YMCA-CENTRAL CITY NORTH Mr. Green reminded the Board that at the meeting of February 3, 1977, the Board instructed the Agency Staff to check into this matter. The YMCA Board of Directors now desire to go ahead with the escrow, as originally planned. Mr. Caldwell, YMCA Director verified the planned action. No further action will be necessary by the Board. FINDER'S FEE AND TAX INCREMENT RESOLUTIONS Mr. Green referred to Minutes of Agency Workshop held with members of the Real Estate Community held January 27, 1977. Mr. Wilson stated that he feels that perhaps deleting those certain portions of the Finder's Fee restricting the brokers from a Finder's Fee who relocates any business etc. from within the city limits to a project area would be in the best interest of both llf Il'.y r-"",""",I 1 ..J ., f~ ~ ...J , ~, l' -~~- :-J 4477 the Agency and the community. Motion made to delete (b) of Section 1, page 1, and (b) of Section 3, page 2 of Resolution No. 3330. After discussion the following resolu- "...., tion was adopted: '1..<-0 ~ ( I () . 1'1fi'J.-, /(;l.P I ! RESOLUTION NO. 3343 1<- ~tfl D'.1 u 1 ~ ..... (p/I J RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CA., AUTHORIZING THE PAYMENT OF A FINDER'S FEE TO REAL ESTATE BROKERS WHO INITIATE, LOCATE AND EFFECTU- ATE THE DEVELOPMENT OF PROPERTY LOCATED WITHIN A REDEVELOP- MENT PROJECT AREA, AND RESCINDING RESOLUTION NO. 3330, 3337 & 3167 WHEREAS, the City administration has requested that the Redevelopment Agency initiate an aggressive real estate development program; and WHEREAS, in order to accomplish this aggressive program, the services of others, particularly real estate brokers, is necessary to locate developers and introduce specific parcels of land to them for development; and WHEREAS, the Agency Board has determined that the payment of a Finder's Fee to any real estate broker who initiates, locates and effectuates the sale or lease and development of property within redevelopment project areas within the city limits is warranted, excluding however, (a) the owners of the property upon which a development occurs, (b) the relocation of any business, activity, concern, corp- ",.- oration or entity of any kind, from within the city limits to within a project area; : and ~ WHEREAS, the City and the Agency are primarily interested in bringing in those busi- nesses which are not normally attracted by normal market forces such as industry, office facilities for large businesses, warehouses, office complexes for built-in tenants and institutional complexes which are not speculative. NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1: Subject to the terms and conditions hereinafter set forth, the Redevelop- ment Agency will pay a Finder's Fee to any real estate broker who locates, initiates and effectuates the development of properties within the following Redevelopment Project area: Central City (excluding Central City Mall), Central City North, Central City South, Central City East, Southeast Industrial Park, Meadowbrook Project and State College Project No.4, excluding however, the owner of the property upon which a devel- opment occurs. r L J U 4478 SECTION 2: The payment of said Finder's Fee shall be conditioned upon the fact that the owner or developer of the property became interested in and is, in fact, devel- oping the property as a direct result of an initial contact by the broker and shall not be payable unless a declaration under penalty of perjury is filed with the Agency by the owner or developer to the effect that was first contacted by the broker claiming the Finder's Fee. ~ ... SECTION 3: No Finder's Fee is authorized nor shall it be paid to the owner of property upon which a development occurs. SECTION 4: Notwithstanding any other provision of this Resolution, a claim for a Finder's Fee shall not be payable to any broker unless development to the satis- faction of the Agency has commenced within six (6) months from the date of the fil- ing of said claim with the Agency, except that for good cause shown the Agency, may in its discretion, extend said six month period for a period not to exceed 1 2 months. SECTION 5: All initial negotiations between the Agency Staff and broker shall be subject to Agency Board approval. SECTION 6: Licensed brokers who negotiate a transaction resulting in the issuance of a building permit for new construction which will be located in any Redevelopment Project Area, excepting Central City Mall, Central City West, or any transaction cur- rently being negotiated by the Agency, shall be entitled to a Finder's Fee by the Ag- ency on the following cumulative basis: ,., A. RANGE AND PERCENTAGE SCHEDULE: ...., $-0- 100,000 5% of Development as Indicated by Building Permit 100,001- 500,000 $S,OOO plus 3% of development cost over $100,000 as indicated by Building Permit 5,000,001 1,000,000 $17,000 plus 2% of development cost over $500,000 as indicated by Building Permit. 1,000,001 And over $27,000 plus 1% of development cost over $1,000,000 as indicated by Building Permit. ., ...J IIJ!1flIT ".... I '- r- I '-- [ ;~"~'f"",....k!r._ 4479 BY. PAY INCREMENT SCHEDULE: 1st payment of 1/3 Total Due Upon completion and approval of foundation. 2nd payment of 1/3 Total Due Upon issuance of Notice of Completion. 3rd payment of 1/3 Total Due Upon one (1) year subsequent to is- suance of Notice of Completion. In addition, the following must also occur: A. Neither the Agency nor the City of San Bernardino have been dealing with the prospect for the development of any land owned by the Agency or anticipated to be owned by the Agency for pending disposition. B. The Licensed Real Estate Broker must notify the Redevelopment Agency of his intention to request a Finder I s Fee on the development involved, at the time of prop- osed development or shortly thereafter, by the submission of a form entitled IIClaim for Finder's Fee), which shall be signed by the Real Estate Broker and the owner or developer under penalty of perjury. A copy of said form is attached hereto as Exhibit II A II and made a part hereof. C. The proposed development is approved by the Redevelopment Agency of the City of San Bernardino. The development must be completely consummated pursuant to the schedule for Finder's Fee payments. D. The development of the property is completely consummated to the extent that new jobs are created and resultant additional taxes from the development are generated. SECTION 7: That Resolution No. 3167, 3330 and 3337 and all other resolutions or portions thereof in conflict with this resolution are hereby rescinded; provided, however, that any duly executed Claim for Finder1s Fee filed with the Agency shall be honored if all the facts required by previous resolutions exist. Motion to adopt Resolution No. 3343 made by Wilson and seconded by Guhin. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. PARKING SPACE ALLOCATION-VANIR TOWER CO. - FIVE LEVEL PARKING STRUCTURE Mr. Green stated that since the structure is leased to the city, the city has complete control over the operation and maintenance of the structure and that the Agency cannot therefore allocate spaces. He also stated that he feels that inasmuch as Vanir Tower Co. is located within the Parking District, they will be assessed accordingly. They can use the garage now, with their already previously allocated spaces, and feels their request is not necessary. Mr. Flory, Agency Counsel feels that Vanir Tower Co. should go be- fore the City Council with their request. Mr. Green then stated, that should Vanir Tower Co. decide to appeal to the City Council,he will openly oppose their action at the Council Meeting. Motion denied by the Board. u...nr. LL LUl 4480 At this time, Mr. Carl Waelder made the statement that the desired changes in the Tax Increment Resolution had not yet been brought to the Board's attention. After dis- cussion the Board authorized the Staff to rewrite Paragraph 5, page 2 of Resolution No. 3331. Motion made to authorize Agency Staff to rewrite Paragraph 5, Page 2, Resolution No. 3331 and submit to the Board at the meeting to be held February 17, 1977 by Stephenson and seconded by Wilson. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. ., i f ....,iJ OTHER BUSINESS: Mr. Green read aloud the following letter from Warner W. Hodgdon. Warner W. Hodgdon 323 W. Court St. San Bernardino, CA 92401 January 24, 1977 Ralph E. Shadwell, Jr. Deputy Director, San Bernardino (sic) Redevelopment Agency 300 North "D" Street, # 320 San Bernardino, CA 92418 .. , Re: Riverview Center San Bernardino Industrial Redevelopment Project ..... Dear Mr. Shadwell: Pursuant to our discussion of Friday, I am enclosing herewith an illustrative draw- ing of the signs that I am contemplating putting on the above-subject property. It is my intent to place one sign at the northwest corner of Tippecanoe and San Bern- ardino Avenues and another on the south (sic) (should be North) side of San Bern- ardino Avenue approximately midway between Tippecanoe Avenue and Richardson Street. As you know, the Disposition Agreement between myself and the Redevelopment Agency requires Agency approval of this type of sign and therefore I woud appreci- ate your concurrence of same in writing at your earliest convenience. Respectfully yours, / s/ Warner W. Hodgdon WWH/jc Ene/as noted .. :1 J Mr. Green stated that Mr. Hodgdon's Disposition Agreement stipulates that he must request and obtain board approval in order to place the signs on the property. Motion made to grant Mr. Hodgdon's request with the stipulation that he meet all [ r L... [ 4481 requirements and City Codes. etc. . by Obershaw and seconded by Guhin. Motion carried by the following vote. to wit: Ayes: Blum. Obershaw. Hinojosa. Wilson. Stephenson. Guhin and Green. Noes: None. Abstention: None. Absent: None. Discussion commenced regarding open escrows on the other Disposition Agreements. Warner Hodgdon is the only developer who has closed escrow on his development. The other developers have open escrows on their properties. REQUEST FOR ADDITIONAL TIME-VANIR RESEARCH CO.-J .C. PENNEY CO. CENTRAL CITY NORTH Mr. Green read aloud the following letter: Vanir Research Co. P.O. Box 310 San Bernardino. CA 92402 February 3. 1977 REDEVELOPMENT AGENCY City of San Bernardino 300 No. "D" Street San Bernardino. CA 92418 RE: Former J .C. Penney's Building Fifth and 'E' Streets San Bernardino. California Gentlemen: It is hereby requested that the Agreement entered into on August 30. 1976. be- tween the Redevelopment Agency and H. Frank Dominguez for the exclusive right to negotiate for the development of the former J .C. Penney's building. located on the Southwest corner of Fifth and 'E' Street be extended under the same terms and conditions. Vanir Research Company has completed the report on the project. and architectural plans and renderings are being prepared at this time. The building has been shown to several potential users. however. their reaction has been negative due to the condition of the surrounding area. and they are not able to invision (sic) the area when the rehabilitation has been completed. The plans and rendering will serve to tie the building into the proposed overall central-city concept and parking. Your consideration of this request will be appreciated. Very truly yours. V ANIR RESEARCH COMPANY / sl H. Frank Dominguez HFD /lsj 4482 Mr. Green stated that the option is up February 28, 1977 and that they wish an ad- ditional180 days. Mr. Obershaw made a motion to deny the request. Motion died for lack of a second. Mrs. Blum inquired of Mr. Hicks, seated in the audience, for a reply. Mr. Hicks stated that Vanir has the artist's renderings changing the facade of the building. Mr. Obershaw stated that he would like to see the report referred to in their letter. Mr. Hicks replied that the report is on the shopping habits of the local community. Mr. Obershaw and Mr. Wilson both moved to deny the request. No action on the motion. Mr. Green then stated that if there was any possibility of allowing Vanir Research to bring their "thinking" back to the board at the next meeting, he would like for the board to allow Vanir to resubmit their request. Mr. Wilson then withdrew his second to Mr. Obershaw's second request for denial. Mr. Hicks stated that he will be back for the next meeting and Mr. Obershaw then withdrew his motion for denial. Mr. Hicks will return to the meeting of February 17, 1977 with the items requested by the board. No further action taken on this subj ect. The following motion was read aloud to the Board and submitted. in writing, to all Board Members simultaneously: That the Redevelopment Agency assure the Mayor and Common Council that the Agency will pay all costs of construction for the Parking District Facilities in the event that the property contemplated for parking lot use should not be leased to the city, as presently proposed. Motion made by Wilson and seconded by Obershaw to table the matter until after the Public Hearing is held on February 22,1977 at 3: 00 p.m., Council Chambers. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, GuhinandGreen. Noes: None. Abstention: Stephenson. Absent: None. Mr. Obershaw questioned staff personnel travel to Chicago for Equal Opportunity Workshop. Mr. Green explained to the Board that at the time they approved the travel for the Executive Director to travel to Chicago, it was not forseen that at the actual time of travel, Mr. Shadwell's agency activities as Director would be such that it would be impossible for him to leave. Rather than lose the money expended for registration, Mr. Green decided to send another member of the staff. A report will be submitted on the Workshop to the Board. Discussion followed regarding council action regarding Omnitrans. Mr. Obershaw voiced his displeasure at the article in the Sun Telegram and the image that it gave the Agency Board of Directors. Mrs. Blum inquired as to the status of the hotel and was informed that Mr. Green and Mr. Shadwell had conversation the previous week and were advised by Frank Fleischer that financing would be available in approximately two weeks. Motion made by Blum and seconded by Obershaw to adjourn the meeting. Motion - .. lIIlIIa F' , ~ ...., , .J .... J; I ....iJ r ... r- ~ r-- I ~ carried by the following vote, to wit: Stephenson, Guhin and Green 0 Noes: Adjourned: 5: 00 p om 0 bl 4483 Ayes: Blum, Obershaw, Hinojosa, Wilson, None 0 Abstention: None 0 Absent; None 0 RoE 0 Shadwell, Jr 0 Executive Director ~ ..... .., ..~ ...", .... ,; -iJ 4484 r MINUTES OF THE REGULAR MEETING OF FEBRUARY 17.1977 OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERN- ARDINo. CA.. HELD AT 3: 00 P.M.. 300 NORTH "D" STREET. SAN BERNARDINO. CA. -..... Chairman Green called the meeting to order at 3: 06 p.m. Roll Call showed the following: Agency Members Present: Blum. Obershaw. Hinojosa. Wilson and Green. Agency Members Absent: Stephenson and Guhin.' Also Present: Ralph Shadwell. Jr. . Executive Director. Wm. A. Flory. Agency Counsel and Barbara Brown. Executive Secretary. APPROV AL OF THE MINUTES The Minutes for February 3. 1977 were submitted for approval. Motion for approval made by Blum and seconded by Wilson. Motion carried by the following vote. to wit: Ayes: Blum. Obershaw. Hinojosa. Wilson and Green. Noes: None. Abstention: None. Ab- sent: Stephenson and Guhin. APPROVAL OF MONTHLY EXPENDITURES FOR JANUARY ,...... , The January Expenditures were submitted for approval. Motion for approval made ! '-- by Wilson and seconded by Hinojosa. Motion carried by the following. vote. to wit: Ayes: Blum. Obershaw. Hinojosa. Wilson and Green. Noes: None. Abstention: None. Absent: Mr. Green stated that now was the time and place to open the Public Hearing for the sale of 79.321 square feet of vacant land to the City of San Bernardino for public use in Cen- tral City West. Mr. Green opened the hearing. Mr. Shadwell outlined the property for the Board by use of maps. Payment to the Agency will be made through use of Community Development Funds. Two appraisals and a review appraisal were made arriving at the agreed upon price. Mr. Green inquired if anyone was opposed to the sale of the land. No response. Mr. Green then inquired if anyone wished to speak in favor of the sale of the land. Again. no response. Mr. Green then closed the Public Hearing at 3: 12 p.m. The following resolution was then adopted: RESOLUTION NO. 3344 r- L RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. CALIFORNIA. APPROVING THE SALE OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF FIFTH STREET AND MT. VERNON AVENUE. CENTRAL CITY WEST. TO THE CITY OF SAN BERNARDINO WHEREAS. the Redevelopment Plan for Central City West was adopted by the City of San Bernardino by Ordinance No. 3553. February 17. 1976; and 4485 WHEREAS, it is the Redevelopment Agency's intention to sell to the City of San Bernardino that portion of land within Central City West that will be used for parking for the Mt. Vernon Community Center; and ,., 11 D ~ 'etIIil WHEREAS, the City of San Bernardino by its adoption of Resolution No. 12608 accepted the appraisal determination of the fair market value in the amount of $195,000.00 for the property designated for parking for the Mt. Vernon Community Center, located at the northeast corner of Fifth Street and Mt. Vernon A venue; and WHEREAS, public disclosure of the Agency's intention to sell this property was made in accordance with Section 33431 of the California Health and Safety Code, and was published in the Sun Telegram on February 8th and 15th, 1977; and WHEREAS, a Public Hearing regarding this proposed sale was held on February 17, 1977 , in accordance with said Section 33431 of the California Health and Safety Code; and WHEREAS, the offering price of $195,000 for the 79, 321sq. foot parcel of land is determined to be the fair market value by the Redevelopment Agency. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby approve the sale of 79,321 sq. ft. of land located at the northeast corner of Fifth Street and Mt. Vernon Avenue, Central City West, to the City of San Bernardino for the sum of $195,000. BE IT FURTHER RESOLVED that the Chairman and Secretary are authorized to execute all necessary documents to accomplish said sale. , ..J Motion to adopt Resolution No. 3344 made by Blum and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, and Green. Noes: None. Abstention: None. Absent: Stephenson and Guhin. Mr. Guhin arrived at the meeting at 3: 13 p.m. RESOLUTION AUTHORIZING FINDER'S FEE-CARL WAELDER-LONG JOHN SILVER RESTAURANT-CENTRAL CITY SOUTH. Mr. Green informed the Board that no tax increment assistance was requested. Mr. Waelder is only requesting his Finder's Fee, due him under the terms of the March 4,1976 Resolu- tion in the amount of $3,876.00. The Agency's Legal Counsel deems this a fair and legal fee. The following resolution was then adopted: RESOLUTION NO. 3345 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DETERMINING THAT CARL WAELDER IS ENTITLED TO~AFrNDER'S FEE IN ACCORDANCE WITH AGENCY RESOLUTION NO. 3167, FOR THE DEVELOPMENT OF LONG JOHN SILVERS, SW CORNER OF 2ND AND "F" STREET, CENTRAL CITY SOUTH. ] [ r ! L [ 4486 WHEREAS, the Redevelopment Plan for Central City South was adopted by City Ordinance No. 3572, May 3,1976; and WHEREAS, Maggard Enterprises, Inc., is currently pursuing the construction of a Long John Silvers Restaurant on the southwest corner of 2nd and "F" Streets, Central City South; and WHEREAS, a request for payment of a Finders Fee was received December 8, 1976 from Carl Waelder for this development, executed by himself and Maggard Enterprises, Inc.; and WHEREAS, the Redevelopment Agency by its adoption of Resolution No. 3167, adopted 3-4-76, authorized the payment of Finder's Fees to any real estate person who locates and initiates the development of property located within a redevelopment project area; and WHEREAS, although Resolution No. 3167 has been subsequently amended and rescinded, the request for Finder's Fee was submitted prior to its amendment and/or rescision, and therefore falls within its authority; and WHEREAS, a Building Permit has been issued by the Department of Building and Safety, City of San Bernardino, for the development of Long John Silvers, in the amount of $77 , 520; and WHEREAS, Resolution No. 3167 sets forth the following range and percentage schedule: - 0 - $100,000 5% of Development as Indicated by Building Permit NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby determine that Carl Waelder is entitled to receive a Finder's Fee in the total amount of $3,876.00, in accordance with Reso. No. 3167, for the development of Long John Silvers, Central City South. BE IT FURTHER RESOLVED that in accordance with said resolution, Carl Waelder shall receive the following amounts of money: $1,292 $1,292 $1,292 Upon Completion and Approval of Foundation Upon Issuance of Notice of Completion One Year Subsequent to Issuance of Notice of Completion Motion made to adopt Resolution No. 3345 by Obershaw and seconded by Wilson. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Stephenson. BOBBY McGEE'S CONGLOMERATION- SOUTHEAST INDUSTRIAL PARK Mr. Green informed the Board that since the conception of Bobby McGee's Conglomeration development, the Agency has been aware that Ms. Maxwell was entitled to a Finder's Fee in the amount of $14,651.60. Mr. Green also informed the Board that Ms. Maxwell has been responsible for the development of all Bobby McGee's restaurants, thus her entitlement to Finder's Fee under March 4,1976 Resolution. The following resolution was then adopted: 4487 RESOLUTION NO. 3346 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DETERMINING THAT JEAN E. MAXWELL IS ENTITLED TO A FINDER'S FEE IN ACCORDANCE WITH AGENCY RESOLUTION NO. 3167, FOR THE DEVELOPMENT OF BOBBY McGEE'S CONGLOMERATION, SOUTHEAST INDUSTRIAL PARK -... ...... WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into an Owner Participation Agreement with Southern California Commercenter, Ltd. , for the development of a restaurant known as Bobby McGee's Conglomeration; and WHEREAS, a request for payment of a Finder's Fee, dated August 9, 1976, in con- nection with this development has been submitted by Jean E. Maxwell of Site Synergy, San Clemente, California; and WHEREAS, Mr. Russ Hatley, General Partner, Southern California Commercenter, Ltd. , has reported that the restaurant was brought to his attention by Ms. Maxwell; and WHEREAS, a letter has been submitted from Bobby McGee's Conglomeration, Corporate Offices, stating that Jean Maxwell is actively engaged in finding suitable sites for Bobby McGee sites; and .., WHEREAS, the Redevelopment Agency by its adoption of Resolution No. 3167, adopted 3-4-76, authorized the payment of Finders Fees to any real estate person who locates and initiates the development of property located within a redevelopment project area; and ...., WHEREAS, although Resolution No. 3167 has been subsequently amended and rescinded, the request for Finder's Fee was submitted prior to its amendment and/or rescision, and therefore falls within its authority; and WHEREAS, a Building Permit has been issued by the Department of Building and Safety, City of San Bernardino, for the development of Bobby McGee's in the amount of $421,720; and WHEREAS, the Resolution No. schedule: $100,001 - $500,000 3167 sets forth the following range and percentage $5,000 plus 3% of development cost over $100,000 as indicated by Building Permit NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the ., City of San Bernardino, California, does hereby determine that Jean E. Maxwell I is entitled to receive a Finder's Fee, in the total amount of $14,651.60, in accordance ...J with Agency Resolution No. 3167, for the development of Bobby McGee's Conglomeration, Southeast Industrial Park. r-l I I ! , .... r- '-' ,.... \ t i ! I..,...; 4488 BE IT FURTHER RESOLVED that in accordance with said resolution Jean E. Maxwell shall receive the following amounts of money: $ 4,883.86 $4,883.87 $ 4,883.87 Upon Completion and Approval of Foundation Upon Issuance of Notice of Completion One Year Subsequent to Issuance of Notice of Completion. Motion made to adopt Resolution No. 3346 by Obershaw and seconded by Blum. Motion carried by the following vote, to wit: A yes: Blum, Obershaw, Hinojosa, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Stephenson. ADOPT TAX INCREMENT RESOLUTION. Mr. Green stated that at the request of Mr. Flory, Agency Counsel, that the Board con- tinue this matter until the March 3rd meeting. Motion made by Wilson and seconded by Obershaw to continue the matter until March 3, 1977. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Stephenson. Mr. Joe Baker, representing the Sun Telegram inquired as to the requested delay and was informed the extra time would enable the Agency Counsel to review and rewrite portions of the Tax Increment Resolution. PUBLIC HEARING- CENTRAL CITY REDEVELOPMENT PROJECT-DENTAL BLDG. Dr. Trinity addressed the Board and presented a rendering reflecting the proposed development to be located in the West end of Central City Proj ect Area. Total proj ect costs will be approximately $500,000 for both phases. Phase II should necessitate a one and one half year commitment. Mrs. Blum inquired as to what type of dental work would be done and was informed all phases of dental work, i. e. oral surgery, orthadonture etc. Mr. Obershaw inquired as to the sale price of the land, per sq. ft. and was informed the price was $1.75 per sq. foot. This amount is the HUD concurred in price, inasmuch as this property was funded with HUD money. Afterdiscussion the Board set March 3, 1977 at 3: 00 for the Public Hearing for the disposal of 14,080 square feet of property lo- cated within Central City Redevelopment Project Area. The following resolution was then adopted: RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DETERMINING THAT DR. JAMES R. TRINITY IS QUALIFIED TO REDEVELOP A PORTION OF REUSE PARCEL IB, CENTRAL CITY PROJECT AREA, WEST END: RECEIVING OFFER TO PURCHASE FOR SAID LAND: AND AUTHOR- ING THE PUBLICATION OF THE NOTICE OF PUBLIC HEARING. WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to dispose of certain parcels of land within the Central City Project Area to qualified developers; and . 4489 WHEREAS, the Agency has received an offer to purchase a portion of Reuse Parcel lDB 10Jcated oRn "TH". ~treet'dwithlin thedweslt end olf the Cedntral City Project Area, from ,., r. ames . nnlty to eve op a enta comp ex; an WHEREAS, the Agency has evaluated the proposal received and has determined -" that a Public Hearing should be scheduled for the sale of said land. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby receive the Offer to Purchase submitted by James R. Trinity, for a portion of Reuse ParcellB, Central City, west end, and does hereby determine that the proposed developer is qualifed to develop said parcel of land. BE IT FURTHER RESOLVED that the Secretary is hereby authorized to publish the Notice of Public Hearing to be held March 3, 1977, for the sale of said land to James R. Trinity. Motion made to adopt Resoltuion No. 3347 by Wilson and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Stephenson. Mr. Flory, Agency Counsel, instructed Mrs. Brown, Executive Secretary, to have the Minutes reflect the following verbage: "WHEREAS, the Agency has received an offer to purchase a portion of Reuse Parcel1B, located on "H" Street, within the West end of the Central City Project Area from Dr. James R. Trinity to develop a dental complex." ... .i,j U .",J REQUEST FOR EXTENSION -HOTEL SITE-CENTRAL CITY PROJECT Mr. Green read the following letter aloud: FLEISCHER INVESTMENT COMPANY 1429 Jonesboro Drive Los Angeles, CA February 10, 1977 Mr. Ralph Shadwell, Director San Bernardino Redevelopment Agency City Hall San Bernardino, CA 92418 Dear Ralph: .... Enclosed is a progress report and request for extension of the pre-disposition agreement J The projections for the hotel prepared for us by Harris, Kerr, Forster & Company, CPA's, 4490 r I .....,. indicate sales subject to room and sales taxes of about $5.5 million after the initial two to three year start-up period. As always, please contact me if I can be of any help. Sincerely, /Frank/ Mr. Green then read aloud the following letter: San Bernardino Grand Hotel, Inc. 17835 Ventura Blvd. Encino, CA 91316 February 10, 1977 Mr. Ralph Shadwell, Director San Bernardino Redevelopment Agency City Hall San Bernardino, CA 92418 Dear Ralph: ,....... As I told you on the telephone, we have positive news from Brooks, Harvey & Co. regard- '-' ing a loan commitment for the downtown hotel project. They have informed us that we will be able to secure a loan adequate for the project. We are presently negotiating the details of the participation in the project by Radisson Hotels and its parent company, Carlson Properties, Inc. The nature and structure of their participation is significant in determining the total amount of the available loan and its terms. We respectfully request a 3D-day extension of the predisposition agreement, to March 17, 1977, to enable us to conclude these negotiations and secure the loan commitment. As we have explained, at the time we receive the lender's commitment we will be required to make a substantial, non-refundable good faith deposit with the lender to protect him against our not actually taking the loan. We look forward to our meeting next week to determine that everything will be in order to proceed once we commit ourselves to a loan. ""... L Mr. Green then informed the Board that a meeting was scheduled for Friday, Feb- ruary 18, 1977 at 2: 00 p.m. , in the Agency Board Room with the hotel developers, Agency staff and City representatives. Motion made to approve the 30 day extension till March 17,1977 by Wilson and seconded by Obershaw. At this time, Mr. Baker in- terjected with the question if this was an open meeting and was informed no. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Stephenson. 4491 EXCLUSIVE OPTION - V ANIR TOWER CO. -J . C. PENNEY CO. -CENTRAL CITY NORTH , Mr. Green explained to the Board that this matter has been brought back to the Board' s ~ attention due to a directive from the meeting of February 3, 1977. Mr. Hicks, represent- -.J ing Vanir Tower Co. , presented an architect's rendering of the proposed area. Not only is the Penny Co. depicted in the rendering, but also the corner of 4th and "E" Streets. Mr. Obershaw moved for denial of the extension. Mr. Guhin seconded the motion, but only to keep the matter open for discussion. Mr. Wilson then made a motion for an amended motion. Mr. Wilson stated that if the Agency should receive another offer for the land, Vanir would then step aside for another developer. Mrs. Blum stated that she would be willing to go for a three months exclusive option. Mr. Obershaw would not withdraw his motion for denial. Motion failed by the following vite, to wit: Ayes: Obershaw and Green. Noes: Blum, Hinojosa, Wilson and Guhin. Abstention: None. Absent: Stephenson. Motion made to grant a three month exclusive option extension by Blum and seconded by Wilson. Motion carried by the following vote, to wit: Ayes: Blum, Hinoj osa, Wilson, Guhin and Green. Noes: Obershaw, Abstention: None. Absent: Stephenson. OTHER BUSINESS: Mr. Green brought to the Board's attention a request from the League of Women Voters for newspaper advertisement regarding a seminar to be held February 22nd, 1977 at Riley School at 7: OOp .m. After discussion and Agency Counsel opinion, it was deemed'..... an illegal expense for the Agency to incur and the Board denied the request. Motion;, to deny the request made by Obershaw and seconded by Guhin. Motion carried by the """'" following vote, to wit: Ayes: Blum,Obershaw, Hinojosa, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Stephenson. Motion made to adjourn to Adjourned Regular Meeting, February 22, 1977, 3: 00 p.m., City Council Chambers by Wilson and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Stephenson. , R. E. Shadwell, Jr. Executive Director bl ., . i .-J 4492 MINUTES OF THE JOINT PUBLIC HEARING HELD BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CAL. , AND THE CITY OF r-. SAN BERNARDINO, CAL., ON FEBRUARY 22, 1977, AT 3: 00 p.m., IN THE I COUNCIL CHAMBERS OF CITY HALL. ....... Agency Members Present: Blum, Obershaw, Hinojosa and Green. Agency Members Absent: Guhin, Stephenson and Wilson. Also Present: Ralph E. Shadwell, Jr. , Executive Director, Wm. A. Flory, Agency Counsel and Barbara A. Brown, Executive Secretary. Mayor Holcomb called for the opening of the Public Hearing at 3: 04 p.m. Mayor Holcomb addressed the Council and members of the audience by stating that members of the Offices of James Warren Beebe, Miller & Schroeder and Director of City Public Works, plus Agency Staff could and/or would be called upon to testify. Mr. Green then called for a point of order and opened the Agency's portion of the Public Hearing at 3: 06 p.m. Mayor Holcomb stated that this is the time and place for scheduled joint public hearing with respect to the proposed Parking Facilities Lease to be entered into by the City of San Bern- ardino and the Redevelopment Agency of the City of San Bernardino. This hearing is being held pursuant to Section 33433 of the California Health and Safety Code to allow interested persons to be heard on the leasing by the Redevelopment Agency of Agency property ac- r. quired in part through the use of tax allocation moneys. We have been advised by counsel that this Code Section is sufficiently ambiguous that, even though it would not appear to Il...... apply where the leasing of such property is to another public body (here the City), never- theless, this hearing should be held because of the ambiguity of the Section to be sure that no procedural point can be raised. Notice of this hearing has been duly published and a copy of the Parking facilities Lease and a summary report have been made available for public inspection and copying at the office of the Redevelopment Agency, all in conform- ity with the requirements of Section 33433. Messrs. Beebe, McCann and Wilson were then sworn in by the Deputy City Clerk. Testimony was taken from Mr. Glenn Wilson who explained the purpose of the parking facilities lease and described the property to be leased and how it will be used. Mr. Wilson submitted Section 33433 Report for the record and presented his testimony and answered questions from the Council and Agency. Councilman Campos questioned if the City would lease the facility and was informed yes, from the Masonic Temple prop- erty. Mayor Holcomb introduced Michael Mc Cann, representing Miller & Schroeder who explained how the Parking Facilities Lease would be used to aid in the financing of the acquisition of off-street public parking facilities by the Agency. ",..... L Mr. Guhin arrived at 3: 15 p.m. 4493 Mr. Mc Cann explained that the bonds are the obligation of the Agency. There would be no recourse against the City unless the City defaults on the Lease payment. Mayor Holcomb then introduced Mr. James Warren Beebe, Attorney at Law. Mr. Beebe then discussed the use of the Agency's Lease Revenue Bonds in the financing of the off-street public parking facilities. A Ms. Maxine Kraft had a question for Mr. Beebe regarding parking credits, which Mr. Wilson answered. ., 1 ."""., Discussion followed between Mr. John Lonergan and Mayor Holcomb regarding the business tax allocated. Mr. Lonergan wished to know if the 3/4 fraction was a firm figure. Mayor Holcomb replied that it could vary from year to year, but in all probability, the fracture would go down. Mr. Lonergan then inquired if the fraction goes up or down, will that be a responsibility of the council and the Mayor replied that it would. Councilman Katona then took issue with the fraction figure and a lengthy discussion ensued. Mayor Holcomb then stated that if anyone in the audience wished to question Mr. Beebe, they would have to corne forward, identify themselves and be sworn in to testify. Mr. Lonergan again stepped forward, identified himself and urged the Council to move forward with the lease. He did however, caution that he didn't think that his property would have enough parking. His property is identified as the property located between 4th and 5th immediately east of "D" Street. The lease will give his property only 8 addi- tional parking spaces. Mayor Holcomb assured Mr. Lonergan that he hopes his fears are correct as that is the reason for the Par king District, i. e, assure more par king for the downtown area. ..., Mayor Holcomb then stated that inasmuch as the Mayor and Common Council and the Re- development Agency have now heard the testimony of all interested persons and there being no further testimony to corne before this Mayor and Common Council and the Re- development Agency, the joint public hearing on the proposed Parking Facilities Lease is hereby closed at 3: 50 p . m. ...,/J The following Resolution was then adopted by the Mayor and Common Council: RESOLUTION NO. 12691 RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF PARKING FACILITIES LEASE WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. Motion made to adopt Resolution No. 12691 by Campos and seconded by Hudson. Motion carried by the following vote, to wit: Ayes: Campos, Wheeler, Katona, Hudson, Hobbs and Lackner. Noes: None. Abstention: None. Absent: None. A Mr. Jim Scallata addressed the Council and Agency. No discussion followed. -, I .....J After discussion the following Resolution was adopted: r \- [ [ 4494 RESOLUTION NO... ~~1~-. RESOLUTION OF THE REDEVELOP~fEl'lT AGENCY OF THE CITY OF SAN BER..~ARD~O. CALlFORI'iIA, APPROVING AND AUTHORIZING THE EXECUTION OF .... PARKING FACILITIES LEASE WITH THE CITY OF SAl~ BERNARDINO w~ the Redevelopment Agency of, the City of San Bernardino (tbe "Agency") is a redevel- opment agency (a pubUc body, corporate and politic) duly created, established and authorized to transact business and e~ercise its powers, all under and pUISUant to the Community Redevelopment Law [part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California] and the powers of the Agency include the power to issue bonds for any of its corporate purposes; and WHEREAS, the City of San Bernardino is a municipal corporation duly organized and e:cisting under and by virtue of the constitution and laws of the State of California; and WHEREAS, pursuant to Ordinance No. 3589 of the City of San Bernardino, as amended (the .Off- Street Parking Ordinance-), the Mayor and Common Counell of the City of San Bernardino duly and regularly took certain proceedings and duly and regularly adopted Resolution No. 12565, approved October 15, 1976, declaring that the public interest, convenience, and necessity require, and it was the . intention of the Mayor and Common Council of said City, pursuant to provisions of the Off-Street Parking Ordinance, to form a parking improvement district for the pwpose (hereinafter sometimes referred to as the "Off-Street Parking Project") of acquiring and installing or causing to be acquired and installed. whether by lease or otherwise, the following described improvements and the acquisition of land, rights-of-way, and easements necessary therefor. all in said City described as follows. to wit: ("The acquisition and/or installation of improvements for providing off-street public parking facilities. including, without limitation, the acquisition of land and permanent and construction easements and rights-of-way and other property necessary therefor, grading, leveling, paving, installing curbs. gutters. sidewalks and driveways. striping of parking areas and other site improvements necessary to prepare the property to be acquired for use as public parking places.1 Said Resolution No. 12565 further declared that the district to be benefited by said improvement and to be assessed to pay the costs and expenses thereof was to be known as the "Central City Parking District- and should be all that part of the City having the exterior boundaries as described therein. which, for the convenience of the reader hereof, are schematically shown, along with the applicable Redevelopment Project .-\reas, on the map attached hereto and marked Exhibit "A" (said map being for convenience only and not controlling over the proceedings applicable to the District and the Project Areas). Said Resolution No. 12565 further referred the proposed Off-Street Parking Project to the Director of Public Worksl City Engineer for a report. declared that an annual ad valorem assessment should be levied on all land. with certain exceptions, \vithin the proposed District to pro\-;de moneys for any or all of the purposes set forth in Section 2 of the Off-Street Parking Ordinance and in particular to pay all or any part of the costs and expenses of providing parking places and determined and declared that the most economical and efficient manner of pro'v;ding public parking places was to lease said parting places from the Agency, and that said Agency, to pay the costs and expenses of providing the ~arking places, should issue its lease revenue bonds in an amount" not to exceed 52,500,000 to bear interest at a rate not to exceed eight percent (8%) per annum, and contained further matters required by law and ordered and gave notice of a public hearing to be held on the questions of the formation and extent of the proposed district. the proposed improvements and the estimated costs, on December 3. 1976; and WHEREAS, after further proceedings were duly :md regularly had and taken, as provided in the Off-Street Parking Ordinance. on December 3, 19/6. a public hearing was duly and regularly held by the ~-fayor and Common Council of the City of San Bernardino. and said ~fayor and Common Council duly and regularly adopted Resolution No. 12613 declaring that said hearing had been FIle No. 60.005-5-3 i 1.,1: l:l". I. .U .:iIJ___! 4495 duly held, that each and every step in the proceedings prior to and including said hearing had been duly and regularly taken, that the written protests received by the City Clerk prior to the hearing were not signed by the holders of title to more than one-half (lh) of the taxable land included ,., within said proposed Central City Parking District and that said protests were thereby overruled. Said Resolution No. 12613 further resolved, determined and ordered that the public interest, conven- j ience, and necessity required the formation of mch Central City Parking District for the accomplish- ...... ment of any and all of the purposes set forth in Section 2 of the Off-Street Parking Ordinance, including, but not limited to, the Off-Street Parking Projed: above described, whether by lease or otherwise, and that all the land included within the boundaries of said Central City Parking District would be benefited by said Off-Street Parking Project; and that the proposed assessment of the total amount of the co~i: and expenses of said Off-Street Parking Project upon the several parcels and subdivisions of land in said Central City Parking District was in proportion to the benefits to be received by such parcels and subdivisions, respectively, from the Off-Street Parking Project, finding and determining the estimated costs of accomplishing the Off-Street Parking Project, and stating that the boundaries of the district to be benefited by said improvements and to be assessed to pay the costs and expenses thereof were the boundaries of the above referred to Central City Parking District. Said Resolution No. 12613 further resolved, determined and ordered that an annual ad valorem asses:.ment should be levied on all land, with certain exceptions, within the Central City Parking Dhmct to provide moneys for any or all of the purposes set forth in Section :2 of the Off-Street Parking Ordinance (which is the general statement that the Off-Street Parking Ordinance provides a procedure for the acquisition. construction, improvement, completion, repair, management, reconstruction, administration,. maintenance. operation, and disposal of public off-street parking places) and in particular to pay all or any part of the costs and e:tpenses of the Off-Street Parking Project, and that the assessment should be levied, collected and enforced in the same manner, at the 'same time, and with the same penalties and interest as in the case of ta.'(es levied for the City, and that in levying the assessment provided for therein credit should be ~riven for parking places made available for public ,.,., use pursuant to an agreement with the City and for ta.'(es or assessments paid to the City and used . primarily for parldng purposes, and that in determining the amount of said annual assessment the J Mayor and Common Council might include, in addition to the other costs of providing parking places, an amount necessary for the e~"tablishment, maintenance and replenishment of reasonably required reserve funds; and WHEREAS, the Mayor and Common Council adopted Ordinance No. 3610 (approved December 22., 1976), entitled "An Ordinance Of The City of San Bernardino Providing For Approving The Act Of Entering Into A Lease Agreement \Vith The Redevelopment Agency Of The City of Sa.n Bernardino," which said Ordinance approved the act of the City entering into a lease agreement for public parking spaces with the Redevelopment Agency of the City of San Bernardino, and the period for a referendum to be filed on said Ordinance No. 3610 has e:tpired; and WHEREAS, the entering into of said lease agreement, entitled the "Parking Facilities Lease", by and between the City and the Agency. is necessary to enable the financing of that portion of the Off-Street Parking Project referred to herein as the "Project"; and WHEREAS, the above recitals of Ordinances and Resolutions is not: intended to completely restate such documents, but is rather intended to show the steps which have preceded the adoption of this Resolution. Now, THEREFORE:, BE IT REsoLVED, DEn:R~(L'lED A..'lD OROERED BY THE REDEVEI.oP~LEYr AcE:'lCY OF THE CITY OF SAN BERNARDINO, C..u.IFOR.VlA. AS FOLLOWS: Section 1. Findings and Determinations. As shown on the map attached hereto as -Exhibit A, portions of the Central City Parking District lie within several redevelopment project areas in the City, to wit; ( 1) Central City Project No.1, -.. ....J FiJe No. 60,005"-)-0) 2 r ! \....... ,-., I I L... r- f L "'''',(\' "0''''-'" 0:;':"'-.,:.,;'-,.;:""'- 4496 Calif. R-79. (2) Central City North Project. (3) Central City East, the City, County, State, Federal Civic Center Complex. and (4) Meadowbrook Project Area No. 1. Because of the provisions in the applicable redevelopment plans for the aforementioned project areas, the Redevelopment Agency of the City of San Bernardino hereby determines that the Off-Street Parking Project is in furtherance of the redevelopment plans of each of said project areas, and especially the Redevelopment Plan for Central City North Redevelopment Project, as that portion of the Off-Street Parking Project referred to herein as the Project will be located totally within the Central City North Project Area. In addition, because of the above-mentioned proceedings taken under the Off-Street Parking Ordinance and the reports, testimony and other matters which were collected prior to and during such proceed- ings, the Redevelopment Agency of the City of San Bernardino hereby determines that (i) the Project is necessary for the redevelopment of and is of benefit to the above-named project areas, and (ii) no reasonable means other than those referred to herein (namely, the issuance by the Agency of its lease revenue bonds, the proceeds of which would be used to acquire and construct certain off-street parking facilities to be leased to the City pursuant to the Parking Facilities Lease for its use in providing public off-street parking places) of financing the Project are available to the Agency or the City. Section 2. Approval and Authorization. That said Parking Facilities Lease, dated for convenience as of February 1, 1977, with the City of San Bernardino, for the public parking spaces therein described, is hereby approved, and the Chairman and Secretary are hereby authorized and directed to execute the same on behalf of the Agency. The foregoing reSolution is hereby adopted and approved this 2.2nd. day of .Feb. . . . . . . ., 1m. Wallace Green Chairman of the Redevelopment Agency of the City of San Bernardino, California [SEAL} I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of San Bernardino, California, at 1m .Adn. . Reg.. meeting thereof, held on the .22nd day of . .~~P.'.""', 1977, by the following vote, to wit: Blum, Obershaw, Guhin and Green, and Hinojosa AYES: ....... ...... ............ ..... ........ .... ..... ........... ......... None NAYS: ABSENT: . ~.t~P.~~~~<?~. ~~~.~~~?~......... ........ ...... ...... ..... . .. ....... . R. E. Shadwell, Jr. Secretary of the Redevelopment Agency of the City of San Bernardino, California File ~o. 60,005-5-1 3 r -1. "I - IT! , 1 ~ I J J I ~ ~J jJ. _~i"""C 4497 Motion made to adopt Resolution No. 3344 by Obershaw and seconded by Blum. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa,Guhin and Green. Noes: None. Abstention: None. Absent: Stephenson and Wilson. After discussion the following Resolution was adopted: If [if 1T-;( JU .(t~UIIill!..:14 ~ ........ ., ~ ..., ~ ..C.1 >, WliII .... Ii ! ....J r \.- [ [ 4498 RESOLUTION NO. 3349 RESOLUTION OF THE REDEVELOPMEI\T AGENCY OF THE CITY OF SAN BER.~.~INO. CALIFOR.'NlA, AUTHORIZING THE ISSUANCE OF $1,950,000 PARKING FACILITIES LEASE REVENUE BONDS, ISSUE OF 1977 WHEREAS, the Redevelopment Agency of the City of San Bernardino ( the "Agency") is a redevel- opment agency (a public body, corporate and politic) duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law [part 1 of Dhision 24 (commencing ~ith Section 33000) of the Health and Safety Code of the State of California] and the powers of the Agency include the power to issue bonds for any of its corporate purposes; and WHERF-.a..s, pursuant to Ordinance No. 3589 of the City of San Bernardino, as amended (the -Off. Street Parking Ordinance"), the ~..fayor and Common Council of the City of San Bernardino duly and regularly took certain proceedings and duly and regularly adopted Resolution No. 12565, approved October 15, 1976, declaring that the public interest, convenience, and necessity require, and it was the intention of the Mayor and Common Council of said City, pursuant to provisions of the Off-Street Parking Ordinance, to form a parking improvement district for the purpose (hereinafter sometimes referred to as the "Off-Street Parking Project") of acquiring and installing Or causing to be ac:quired and installed, whether hy lease or oL~ernise, the following described improvements and the acquisition of land, rights-of-way, and easements necessary therefor, all in said City described as follows, to wit: [lbe acquisition and/or installation of improvements for providing off-street public parking facilities, including, vlithout limitation, the acquisition of land and permanent and construction easements and rights-of-\\'ay and other property necessary therefor, grading, leveling, paving~ installing curbs.. gutters, sidewalks and driveways, striping of parling areas and other site improvements necessary to prepare the property to be acquired for use as public parking places."] Said Resolution No. 12565 further declared that the district to be benefited by said improvement and to be assessed to pay the costs and expenses thereof was to be known as the "Central City Parking District" and should be all that part of the City having the exterior boundaries as described therein. which, for the convenience of the reader hereof, are schematically shown, along with the applicable Redevelopment Project Areas, on the map attached hereto and marked Exhibit "A" (said map being for convenience only and not controlling over the proceedings applicable to the District and the Project A.reas). Said Resolution No. 12565 fwther referred the proposed Off-Street Parking Project to the Director of Public Works/ City Engineer for a report, declared that an annual ad valorem assessment should be levied on all land, .with certain exceptions, 'within the proposed District to provide money for any or all of the purposes set forth in Section 2 of the Off-Street Parking Ordinance, and in particular to pay all or any part of the costs and expenses of providing parking places, alld determined and declared that the most economical and efficient manner of providing public parking places was to lease said parking places from the Agency, and that said Agency, to pay the costs and expenses of pro\irung the parling places, should issue its lease re~enue bonds in an amount not to exceed S2,500,000 to bear interest at a rate not to exceed eight percent (8%) per annum, and contained further matters required by law and ordered and gave notice of a public hearing to be held on the questions of the fonnatioo and extent of the proposed district, the proposed impro.....ements and the estimated costs, on December 3. 1976; aod WH~. after fw-ther proceedings were duly and regularly had and taken, as pro\;ded in the Off-Street Parking Ordinance, on December 3, 19i6, a public hearing was duly and regularly held by the Mayor and Common Council of the City of San Bernardino, and said ~fayor and Common File No. 60,005-5 1 ~'rt. I ~.:J. I 1 .!!II!l:lJ~,_ 4498 . Council duly and regularly adopted Resolution No. 12613 declaring that said hearing had been duly held. that each and every step in the proceedings prior to and including said hearing had been duly and regularly taken, that the written protests received by the City Clerk prior to the hearing were Dot signed by the holders of title to more than one-half (lh) of the taxable land included within said proposed Central City Parking District and that said protests were thereby overruled. Said Resolution No. 12613 further resolved. determined and ordered that the public interest, conven- ience, and necessity required the formation of such Central City Parking District for the accomplish- ment of any and all of the purposes set forth in Section 2 of the Off-Street Parking Ordinance, including but Dot limited to, the Off-Street Parking Project above described. whether by lease or otherwise, and that all the land included within the boundaries of said Central City Parking District would be benefited by said Off-Street Parking Project; and that the proposed assessment of the total amount of the cost and expenses of said Off-Street Parking Project upon the several parcels and subdivisions of land in said Central City Parking District was in proportion to the benefits to be received by such . parcels and. subdivisions, respectively, from the Off-Street Parking Project, finding and determining the estimated costs of accomplishing the Off-Street Parking Project, and stating that the boundaries of the district to be benefited by said improvements and to be assessed to pay the costs and expenses thereof were the boundaries of the above referred to Central City Parking District Said Resolution No. 12613 further resolved., determined and ordered that anannua! ad valorem assessment should be levied on all land., with certain exceptions, within the Central City Parking District to provide moneys for any or all of the purposes set forth in Section 2 of the Off-Street Parking Ordinance (which is the general statement that the Off-Street Parking Ordinance provides a procedure for the acquisition. construction, improvement. completion, repair, management, reconstruction, administration, main.- tenance, operation and disposal of public off-street parking places) and in particular to pay all Or any part of the costs and expenses of the Off-Street Parking Project, and that the assessment should be levied. collected and enforced in the same manner, at the same time, and with the same penalties and interest as in the case of taxes levied for the City, and that in levying the assessment provided for therein credit should be given for parking places made available for public use pursuant to an agreement with the City and for taxes or assessments paid to the City and used primarily for parking purposes, and that in determining the amount of said annual assessment the Mayor and Common Council might include, in addition to the other costs of providing parking places, an amount necessary for the establishment. maintenance and replenishment of reasonably required reserve funds; and -., j ..J .., '. ..... WHEREAS, the Mayor and Common Council adopted Ordinance No. 3610 (approved December 22. 1976), entitled"'An Ordinance Of The City of San Bernardino Providing For Approving The Act Of Entering Into A Lease Agreement With The Redevelopment Agency Of The City of San Bernardino," which said Ordinance approved the act of the City entering into a lease agreement for public parking spaces with the Redevelopment Agency of the City of San Bernardino, and the period for a referendum to be filed OD said Ordinance No. 3610 has expired; and WHEREAS, the above recitals of Ordinances and Resolutions is Dot intended to completely restate such documents, but is rather intended to show the steps which have preceded the adoption of this Resolution; and WHEREAS, the Agency and the City have entered into a lease agreement, entitled ~arking Facilities Lease," dated for convenience as of February 1,1977, in accordance with the above-mentioned Resolutions and Ordinances; and WHEREA..S, the issuance of bonds at this time by the Agency is necessary to enable the Agency to carry out that portion of the Off-Street Parking Project referred to herein as the Project in accordance with the above-mentioned Resolutions, Ordinances and Lease. ....J ..... File No. 60,005-5 ! 'I IU 1.4. jJ,f'~"~lM",,,,~:; . . r i . t \- . r- I ~ r f L 4499 Now, THEREFORE, BE IT RESOLVED, DETER..',UNED A..''D ORDERED BY THE REDEVELOPME."'. ACE."'CY OF THE CITY OF SAN BERNARDDlO, CALIFOR1\.'IA. AS FOLLOWS: Section 1. DeBnitions. The terms defined in this Section shall, for all purposes of this Resolution, have the following meanings, unless the context otherwise requires: (a) Additional Bonds "Additional Bonds" means any additional revenue bonds (including, without limitation, bonds, notes, interim certificates, debentures or other obligations) payable out of the Revenues, ranking on a parity with these Bonds and authorized to be issued pursuant to Sections 15 and 16 hereof. (b) Agency "Agency" means the Community Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic, of the State of California. ( c) Bondholder, Holder of Bonds "Bondholder" or "Holder of Bonds," or any similar term, means: (i) any person who shall be the holder of any outstanding Bond payable to bearer, or (ii) the registered owner or his duly authorized attorney, trustee, representative or assigns of any outstanding Bond which shall at the time be regis- tered so as to be payable other than to bearer. For the purpose of Bondholders' voting rights or consents, Bonds owned by the Agency or by the City shall not be counted.. (d) Bonds "Bonds" means the "Redevelopment Agency of the City of San Bernardino, Parking Facilities Lease Revenue Bonds, Issue of 1977", authorized by, and at any time outstanding pursuant to, this Resolution. (e) Certificate of the Agency, Statement of the Agency, etc. "Certificate of the Agency," "Statement of the Agency," "Written Request of the Agency" and "\Vritten Consent of the Agency" mean, respectively, a written certificate, statement, request and consent signed in the name of the Agency, or in the name of the City as agent for the Agency, as the case may be, by such person as may be designated and authorized to sign for the Agency or the City, as the case may be, for such purpose, with the seal of the Agency or the City, as the case may be, affixed. Any such instrument and supporting opinions or representations, if any, may, but need not, be combined in a single instrument with any other instrument, opinion or representation, and the two or more so combined shall be read and construed as a single instrument. (f) City "City" means the City of San Bernardino, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of California. (g) Construction Contract "Construction Contract" means the construction contract or contracts providing for the construc- tion of the Facilities, including, without limitation, the plans and specifications, any addenda thereto, and other construction documents, a copy or copies of which is, are or will be on file in the office of the Secretary of the AgeBcy and the City Clerk of the City. File No. 60,005-5 3 4500 . (h) Engineer's Certificate "'Engineers Cerificate" means a certificate signed by the Director of Public Works/City Engineer ~ or by a duly authorized officer or representative of the same. . (i) Facilities ---' '"Facilities" means all improvements for providing off-street parking facilities on the Sites, which, together with the Sites, will constitute the Project. (j) Financial Newspaper or Journal ""Financi~ Newspaper or Journal" means The Wall Street Journal, The Daily Bond Buyer or any other newspaper or journal devoted tonnancial news printed in the' English language, of national circulation and customarily published on each business day and selected by the Trustee, whose decision shall be 5nal and conclusive. . (k) Fiscal Agent '"Fiscal Agent" means the trustee appointed by the Agency pursuant to Section 25 hereof, its successors and assigns, and any other corporation or association which may at any time be substitut~ in its place; all as provided in this Resolution. (1) Fiscal Year ""Fiscal Year" means the year period beginning on July 1st and ending on the next following June 30th. "( m) Independent "Independent", when used with such terms as ""Financial Consultant", -Engineer",or"CertiGed Public Accountant", means any person or firm, respectively, appointed by the Agency in such capacity, and who, or each of whom, has a favorable reputation in the Geld in which his opinion or certificate will be given, and.: (1) is in fact independent and not under domination of the Agency; (2) does not have any substantial interest, director indirect:, with the Agency; and (3) is not connected with the Agency as an officer or employee of the Agency, but who maybe regularly retained to make reports to the Agency. ..... ~ ~ 'WIll (n) Law "'Law" means the Community Redevelopment Law of the State of California, as cited in the recitals hereof. . (0) Lease "Lease" means the "Parking Facilities Lease", dated for convenience as of February 1, 1977, cover- ing the leasing of the Project from the Agency by the City, and any amendments thereto as may be permitted hereunder. (p) Maximum Annual Debt Service ~ "Ma~mum Annual Debt Service" means the largest of the sums obtained for .any Fiscal Year " after the computation is made by totaling the following for each such Fiscal Year: (1) The principal amount of all Bonds and Additional Bonds payable in such Fiscal Year; and ....." File No. 60,005-5 -4 [ r I L.. ".... I f L 4501 (2) The amount of Minimum Sinking Fund Payments for term Bonds and term Additional Bonds to be made in such Fiscal Year in accordance with the applicable schedule or schedules of Minimum Sinking Fund Payments; and (3) The interest which would be due during such Fiscal Year on the aggregate principal amount of Bonds and Additional Bonds wbich would be outstanding in such Fiscal Year if the Bonds and Additional Bonds outstanding on the date of such computation were to mature or be redeemed in accordance with the maturity schedule or schedules for the serial Bonds and serial Additional Bonds and the schedule or schedules of Minimum Sinking Fund Payments for term Bonds and term Additional Bonds. At the time and for the purpose of making such computation, the amount of term Bonds and term Additional Bonds adready retired in advance of the above- mentioned schedule or schedules shaH be deducted pro rata from the remaining amounts thereon. (q) Minimum Sinking Fund Payments . "Minimum Sinking Fund Payments" means the amount of money to be deposited into the Term Bond Sinking Fund to be used to redeem term Bonds and term Additional Bonds at the principal amounts thereof, without premium, in the amounts and at the times set forth in the applicable schedule or schedules of Minimum Sinking Fund Payments contained in this Resolution or in any Supplemental Resolution providing for the issuance of Additional Bonds. (r) Opinion of Counsel; Bond Counsel "Opinion of Counsel" means a written opinion of Counsel (who may be Counsel for the Agency or Bond Counsel) retained by the Agency. "Bond Counsel" means any attorney or firm of attorneys of favorable reputation in the field of municipal bond finance. Any Opinion of such Counsel may be based upon, insofar as it relates" to factual matters., information which is in the possession of the Agency, upon a certificate or opinion of, or representation by, an officer or officers of the Agency, unless such Counsel knows, or in the exercise of reasonable care should have known, that thee certificate or opinion or representation with respect to the matters upon which his opinion may be based, as aforesaid. is erroneous. (s) Paying Agent "Paying Agent" means any paying agent provided by the Agency pursuant to this Resolution. (t) Project or Leased Premises "Project" or "Leased Premises" means the Sites with the Facilities thereon, and includes the acquisition and/or installation of improvements for providing off-street public parking facilities, including, without limitation, the acquisition of land and permanent and construction easements and rights-of-way and other property necessary therefor, grading, leveling, paving, installing curbs, gutters, sidewalks and driveways, striping of parking areas and other site improvements necessary to prepare the property to be acquired for use as public parking places. The Project constitutes a portion of the overall Off-Street Parking Project. (u) Resolution "Resolution" means this Resolution, adopted by the Agency under the Law. (v) Revenues "Revenues" means Revenues as defined in Section 3 hereof. (w) Sites "'Sites" mean the real property consisting of the parcels on which the Facilities are to be located. The specific legal description of such parcels will be completed prior to or concurrently with File No. 60,005-5 5 'M1'O!:~''"l 'VUWYiII!l . J Ill,J 4502 the final plans and speciflcations for the construction of the Facilities involved and shall be set forth in the records of the City and the Agency. --, (x) Supplemental Resolution! "Supplemental Resolution" means any resolution at any time in full force and effect which has ...J been duly adopted by the Agency under the Law, or under any act supplementary thereto or amenda. tory thereof, at a meeting of the Agency duly convened and held. at which a quorum was present and acted the!:.eon, amendatory of or supplemental to this Resolution, but only if and to the extent that such Supplemental Resolution is speciBcally authorized hereunder. (y) Treasurer l'reaSurer" means the officer who is then ~rforming the functions of Treasurer of the Agency. (z) Written Requisition "'Written Requisition" means a requisition prepared in such form or forms and signed by the Treasurer and containing the information required by this Resolution. Section 2. Amount, Issuance and Purpose of Bonds. Under and pursuant to the Law and under and pursuant to this Resolution, Bonds of the Agency in the principal amount of one million nine hundred fifty thousand dollars ($1.950,000) shall be issued by the Agency for the corporate pur. poses of the Agency aiding in the financing of the Project and for other purposes related thereto as hereinafter provided. and such issue of Bonds is hereby created. Section 3. Nature of Boods.'The Bonds shall be and are special obligations of the Agency and are secured by an irrevocable pledge of, arid are payable as to principal, premium, if .any. and interest from, t;pe Revenues and other funds as hereinafter provided. The principal of,premium, if any, and interest on the Bonds are not a debt of the City, the State of California or any of its political subdivisions, and neither the City, said State, nor any of its politica.lsubdivisions is liable thereon, nor in any event shall said principal. premium, if any, and interest be payable out of any funds or properties other than those of the Agency as in this Resolution set forth. The Bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither the members of the Agency nor any persons executing the Bonds are liable personally on the Bonds by reason of their issuance. The Bonds shall be and are equally secured by an irrevocable pledge of the Revenues and other funds as hereinafter provided. without priority for number, date of sale, date of execution, or date of de~very, except as expressly provided herein. The validity of the Bonds is not and shall not be dependent upon the completion of the Project or upon the performance by anyone of his obligation relative to the Project. 'The term ""Revenues", as used in this Resolution, shall include: / First: Revenues derived from the operation of the Project, to wit: (a) All rental and other income received by the Agency as lessor under the Lease, and/or (b) All rental and other income of any type and nature derived by the Agency from the use and operation of the Project if the same is operated by the Agency in case of default by the City. -... J Second: Certain other revenues, to wit: (a) Any damages received under the terms of the Construction Contract that are not part of the cost of the Project under Section 14, and/or .... ....J File No. 60,005-5 '6 t~ .,".;y.''';'''''''''''.y;".~:.,..~..~ r . J L., r ....... [ 4503 (b) Any interest or other income derived from the investment of the funds herein provided for that are not part of the Construction Fund under Section 13. Third: All rentals and other income of any type and nature received by the Agency as lessor or otherwise from improvements or additions to or extensions of the Project later constructed or made. Nothing in this Resolution shall preclude: (i) the payment of the Bonds from the proceeds of refunding bonds, refunding notes or other such obligations issued pursuant to law; or (ii) the payment of the Bonds from any legally available funds of the Agency. Nothing in this Resolution shall prevent the Agency from making advances of its own funds howsoever derived to any.of the uses and purposes mentioned in this Resolution. H the Agency shall payor cause to be paid. or shall have made provision to pay upon maturity or upon redemption prior to maturity, to the Holders of the Bonds, the principal of, premium, if any, and interest to become due thereon, through setting aside trust funds or setting apart in a reserve fund or special trust account created pursuant to this Resolution or otherwise, or through the irrevocable segregation for that purpose in some sinking fund or other fund or trust account with a fiscal agent or otherwiSe, moneys sufficient therefor, including, but not limited to, interest earned or to be earned on F -::deral Securities, then the lien of this Resolution, including, without limitation, the pledge of the Revenues, and all other rights granted hereby, shall thereupon cease, terminate and become void and be discharged and satisfied, and the principal of, premium, if any, and interest on the Bonds shall no longer be deemed to be outstanding and unpaid; provided, however, that nothing in this Resolution shall reqUire the deposit of more than such Federal Securities as may be sufficient, taling into account both the principal amount of such Federal Securities and the interest to become due thereon, to implement any refunding of the Bonds. In such event, the Fiscal Agent shall cause an accounting for such periOd or periods as shall be requested by the Agency to be prepared and filed with the Agency, and the Fiscal Agent, upon the request of the Agency, shall release this Resolution and execute and. deliver to the Agency all such instruments as may be desirable to evidence such release, discharge and satisfaction, and the Fiscal Agent shall pay over or deliver to the Agency all moneys or securities held by it pursuant to this Resolution which are not required for the payment or redemption of Bonds not theretofore surrendered for such payment or redemption. As used in this paragraph, "Federal Securities" means United States Treasury notes, bonds, bills or certificates of indebtedness, or obligations for which the faith and credit of the United States are pledged for the payment of principal and interest; bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations -issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended, and Farm Credit Act of 1971, debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended, and the Farm Credit Act of 1971, bonds or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Banlc Act, bonds of any federal home loan bank established under said act and stocks, bonds, debentures, participations and other obligations of or issued by the Federal National Mortgage Association, the Student Loan Marketing Association, the Government National Mortgage Association and the Federal Home Loan Mortgage Corporation; and bonds, notes or other obligations issued by the Federal Financing Bank, the United States Postal Service, or issued or assumed by the International Bank for . Reconstruction and Development, the Tennessee Valley Authority, the Inter-American Development Bank, the Government Development Bank for Puerto Rico, or the Asian Development Bank. Section 4. Description of Bonds. The Bonds shall be issued in the principal amount of one million nine hundred fifty thousand dollars ($1,950,OOO) and shall be designated REDEVELOPMENT AGENCY OF THE CITY OF SAN BEIL~ARDINO, PARKING FACIUTIES LEASE REVENUE BONDS, ISSUE OF 1977. The Bonds may be initially issued in the form of Bearer Bonds in the denomination of five thousand dollars ($5,(00) each, or in the form of Fully Registered Bonds in deno- File No. 60,005-5 7 4504 minations of five thousand dollars ($5,000) each or any whole multiple thereof. The Bearer Bonds shall be dated as of April 1, 197i, and shall be numbered from 1 to 390, both inclusive. The Bonds shall ,..... be part serial Bonds and part term Bonds. The serial Bonds in the amount of $660,000 shall mature in the following amounts on October 1 of the following years: Maturity Date .......,; Principal Amount 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 ..... ..........................0_0................ $ 50,000 50,000 55,000 60,000 65,000 65,000 70,000 75,000 80,000 90,000 ................................................. .. .................. -............................. ................................................... .. ............................................. . ............... ............................... .......................................... .. ..................................... 0...... . o. .................................... ........................................0........ . The term Bonds in the amount of $1,290,000 shall mature on October 1, 2002. Section 5. Interest. The Bonds shall bear interest at a rate or rates to be hereafter fixed byresolu- tion of the Agency, but, not to exceed eight percent (8%) per annum, payable commencing April 1. 1978, and semiannually thereafter on April 1st and October 1st of each year. Each Bond shall bear interest until the principal sum thereof has been paid; provided, however, that if funds are available for the payment thereof in full accordance with the terms of this Resolution. such Bond shall then cease to bear interest Interest coupons attached to the Bearer Bonds shall be numbered in conse- cutive numerical order from 1 upwards in the order of their respective maturities. The first coupon shall represent twelve (12) months' interest and the remaining coupons shall represent six (6) months' interest on the Bearer Bond to which they are attached. The Fully Registered Bonds shall be numbered by the Fiscal Agent as the Fiscal Agent shall detennine and shall be dated as of the date of authentication thereof, ~xcept that Fully Registered Bonds issued uPon exchanges and transfers of Fully Registered Bonds and upon exchanges of Bearer Bonds for Fully Registered Bonds shall be dated so that no gain Or loss of interest shall result from such exchange or transfer. Each Fully Registered Bond shall bear interest from the interest payment date next preceding the date thereof unless it is dated prior to the first interest payment date, in which event it shall bear interest from the date of the Bearer Bonds. Interest on Fully Registered Bonds shall be'paid by the Fiscal Agent (from the appropriate funds) by check or draft mailed to the registered owner at his address as it appears on the register kept by the Fiscal Agent at the close of business on the fifteenth (15th) day preceding the interest payment dat~. .., f ....J Section 6. Place of Payment. The Bonds, the interest thereon and any premiums upon the redemption thereof prior to maturity shall be payable in lawful money of the United States of America and (except for interest on Fully Registered Bonds, which is payable by check or draft as stated above) shall be payable at the 'Corporate Agency Division of the Bank of America National Trust and Savings Association, Fiscal Agent for the Agency, in Los Angeles or San Francisco, California, or, at the option of the Holder, at the office of any Paying Agent of the Agency in Chicago, Illinois, or New York, New York, or such other office of any other Paying Agent that the Agency may, from time to time, designate. --- ......, File No. 60,005-5 8 4505 ~ Section 1. Forms of Bonds; Temporary Bonds. The Bearer Bonds and the interest coupons apper- taining thereto shall be negotiable and shall be substantially in the form attached hereto as Exhibit B and by this reference incorporated herein. and the Fully Registered Bonds shall be substantially in the fonn attached hereto as Exhibit C and by this reference incorporated herein. Such forms are hereby approved and adopted as the forms of such Bonds, and of the coupons and redemption, exchange, registration and assignment provisions pertaining thereto, with necessary or appropriate variations, omissions and insertions as permitted or required by this Resolution. Any Bonds issued pursuant to this Resolution may be initially issued in temporary form exchange- able for delinitive Bonds when the same are ready for delivery. The temporary Bonds may be printed, . lithographed or typewritten, shall be of such denominations as may be determined by the Agency, shall be without coupons and may contain such reference to any of the provisions of this Resolution as may be appropriate. Every temporary Bond shall be executed by the Agency and be issUed by the Fiscal Agent upon the same conditions and in substantially the same form and manner as the definitive Fully Registered Bonds. If the Agency issues temporary Bonds, it will execute and furnish definitive Bonds without delay, and, thereupon, the temporary Bonds may be surrendered for cancellation at the Corporate Agency Division of the Bank of America National Trust and Savings Association, Fiscal Agent for the Agency, in Los Angeles, California, and :..ue Fiscal Agent shall deliver in exchange for such temporary Bonds an equal aggregate principal a::&ount of definitive Bearer Bonds or definitive Fully Registered Bonds without coupons, or in part definitive Bearer Bonds and the balance in definitive Fully Registered Bonds, of authorized denominations of this same issue. Until so exchanged, the temporary Bonds shall be entitled to the same benefits under this Resolution as definitive Bonds of this same issue delivered hereunder. r- Section 8. Execution of Bonds. The Bonds shall be signed on behalf of the Agency by facsimile signature of its Chairman and by manual signature of its Secretary, and the seal of the Agency shall be impressed, imprinted or reproduced thereon. The interest coupons on the Bonds shall be signed by facsimile signature of the Secretary. The foregoing officers are hereby authorized and clliected to sign the Bonds and coupons in accordance with this Section. If any Agency member or officer whose manual or facsimile signature appears on the Bonds or coupons ceases to be such member or officer before delivery of the Bonds, such signature is as effective as if such officer had remained in office. . Section 9. Types of Bonds, Registration and Exchange. Two fonns' of Bonds are provided for herein: (i) those which shall be initially issued and which are in negotiable form, payable to bearer with negotiable coupons (herein sometimes referred to as '"Bearer Bonds"), and (ii) those which are issued to facilitate registration and so are issued as non-negotiable Fully Registered Bonds payable to the registered owner (herein sometimes referred to as "Fully Registered Bonds"). The Bearer Bonds are not registrable by endorsement, but may be exchanged for Fully Registered Bonds as provided herein. A Bearer Bond or Bearer Bonds may be registered by exchanging the same for a Fully Registered Bond or Fully Registered Bonds. A Bearer Bond or Bearer Bonds and a Fully Registered Bond or Fully Registered Bonds may be exchanged for a Fully Registered Bond or Fully Registered Bonds. A Fully Registered Bond may be exchanged in whole for a Bearer Bond or Bearer Bonds or in part for such Bearer Bond or Bearer Bonds and the balance for a Fully Registered Bond or Fully Registered Bonds. Transfer of ownership of a Fully Registered Bond or Fully Registered Bonds shall be made by exchanging the same for a new Fully Registered Bond or Fully Registered Bonds. All of such exchanges shall be made in such manner and upon such reasonable terms.and conditions as may from time to time be determined and prescribed by the Agency; provided, however, that no such exchange shall be made between the Dfteenth (15th) day preceding any interest payment date and such. interest payment date~ Such exchanges shall be free of any costs or charges to the person, firm or corporation requesting such exchange, except for any tax or governmental charge that may be imposed in connection therewith. Each Bearer Bond issued pursuant to this Resolution shall be of the denomination of five thousand dollars ($5,000). Each Fully Registered Band issued pursuant to File No. 60,005-5 9 4506 this Resolution shall be of a denomination which is five thousand dollars ($5,000) or a whole multiple thereof, shall be of the same issue, and may be of one or more interest rates. ] Section 10. Bond Register. The Fiscal Agent shall keep nr canso tn be kept, at its Corporate ',l Agency Division in Los Angeles or San Francisco, California, sufficient books for the re2istration and 4508 The actual receipt by the Holder of any Bond, or an original purchaser, of notice of such redemption shan not be a condition precedent to redemption, and failure to receive such notice shall not affect the validity of the proceedings for the redemption of such Bonds or the cessation of interest on the redemption date. Notice of redemption of Bonds shall be given by the Fiscal Agent for and on behalf of the Agency at the expense of the Agency. A certificate by the Fiscal Agent that notice of redemption has been given cas herein provided shall be conclusive as against all parties, and no Bondholder whose Bearer Bond or Fully Registered Bond is called for redemption may object thereto or object to the cessation of interest on the redemp- tion date fixed by any claim or showing that he failed to actually receive such notice of call and redemption. , 4510 fees, legal fees, nnancial consultant fees, and all other costs and expenses for carrying out the purposes of Ordinance No. 3589, as amended, whether the same were incurred before or after the adoption of this Resolution. B. Payments from the Construction Fund shall be made in accordance with the provisions of this Section. Before any such payment shall be made by the Fiscal Agent, there shall be filed therewith: (a) A Written Requisition stating in respect to each payment to be made: (i) The item number of the payment; (ii) The name of the person to whom payment is due; (iii) The amount to be paid; (iv) The purpose, by general classification, for which the obligation to be paid was incurred; (v) That the obligation or obligations in the stated amount or amounts have been incurred by or on behalf of the Agency or the City, as agent for the Agency, as the case may be, and that each item thereof is a proper charge against moneys in the Construction Fund and has not theretofore been paid; and (vi) That there has not been filed with or served upon the Agency or City notice of any lien, right to lien, or attachment upon, or claim affecting the right to receive payment of, any of the moneys payable to any of the persons named in such Written Requisition, which has not beet! released or will not be released simultaneously with such payment, other than materialmen's or mechanic's liens accruing by mere operation of law which will not be released until final payment is made. (b) In the case of each payment made under a Construction Contract, the Written Requisition shall state that an Engineer's Certificate is On file with the Agency, or with the City as agent for the Agency, as the case may be. certifying approval thereof, and further certifvin!;!' -"-,. ., po .. r '-- "..... i i l...... "..... ~ 4511 (2) Second. any remaining balance after the transfer to the Reserve Fund shall be transferred or held by the Fiscal Agent, as directed by the Agency, in the amounts and for any of the following purposes: (i) An amount to be retained in the Construction Fund for any lawful use in connection with the Central City Parking District, including any changes, alterations and additions to the Project, or (ii) An amount to be transferred to the Debt Service Fund to be placed in a special acc:ount therein to be used only for the purpose permitted for said Fund. and the Agency shall make credits against the next or succeeding installments of Base Rental coming due as. provided in Section 4(f) of the Lease of all amounts so used for the payment of principal and/or interest. Section 15. Issuance of Additional Bonds. In addition to the Bonds authorized to be initially issued under this Resolution, the Agency. may by Supplemental Resolution establish one or more other issues of Additional Bonds, on a parity with these Bonds, and may issue and deliver such Additional Bonds in such principal amount as shall be determined by the Agency, but only upon compliance by the Agenc;:y with the provisions of Section 16 and subject to the following specific conditions which are hereby made conditions precedent to the issuance of such Additional Bonds: (a). Such Additional Bonds shall have been authorized to finance (i) the completion of the Project:,. or (Ii) an addition to the Project, and the issuance thereof shall have been determined and declared by the Agency, in a--5upplemental Resolution, to be necessary and lawful for that purpose. (b) The Agency shall be in compliance with all covenants and undertakings set forth in this Resolution. (c-) Any Supplemental Resolution authorizing the issuance of such Additional Bonds shall require that the proceeds of the sale of snch Additional Bonds be applied solely for the purpose or purposes set forth in (a) above, together with any expenses incidental thereto or connected therewith, as set fcirth in Section 14A, and interest on said Additional Bonds during the actual period of completion of the additional project involved and for a period of not to exceed twelve (12) months thereafter. .' . (d) Such Additional Bonds shall be equally and ratably secured along with the Bonds, without preference or priority of any of the Bonds over any other bonds, except as expressly provided in this Resolution. . ( e) The Additional Bonds shall be either serial or tenn Bonds, or a combination thereof, maturing on the first day of an interest payment month of the Bonds, the latest maturity of which shall be in a year not earlier than the latest year of maturity of the Bonds, and the interest th~reon shall be payable semiannually on the same dates as interest on the Bonds is payable. (f) The Agency shall have entered into a revised Lease with the City in and by which the City obligates itself in the manner provided in the Lease to increase the payments of Base Rental and Additional Rental to the Agency for the use of the Project, and/or the additional project involved, at the times and in the amounts sufficient to provide for the payment of the principal of and interest on both the Bonds and Additional Bonds as such principal and interest become due, along with. the applicable Minimum Sinking Fund Payments on the term Bonds and term Additional Bonds. (g) The Agency shall increase the Reserve Fund upon the issuance of Additional Bonds so that said Reserve Fund contains at all times an amount equal to the Maximum Annual Debt Service. File No. 60,005-5 15 LlL l _ '~ U,.. tv 4512 Section 16. Proceedings for the Issuance of Additional Bonds. \Vhenever the Agency shall determine to issue Additional Bonds pursuant to Section 15, . the Agency shall adopt a Supplemental Resolution determining that the issuance of. such Additional Bonds is necessary for the pwpose or purposes above set forth, specifying the principal amount of such Additional Bonds and prescribing the terms and conditions of such Additional Bonds and the funds to be established for the security and payment thereof. Such Supplemental Resolution shall prescribe the fonn or forms of such Additional Bonds and shall provide for the distinctive designation, denomination, methods of numbering, date, maturity dates, interest rates, interest payment dates, places of payment of principal and interest and whether such Additional Bonds are to be bearer bonds or fully registered bonds or a combination thereof: and shall also provide for the continuation of the Revenue Fund and the Reserve Fund herein provided for and for the creation or continuation of appropriate debt service funds, term bond sinking funds, if applicable, and any other funds applicable to and required for the security of the Additional Bonds. The Agency may by such Supplemental Resolution prescribe anyotber provisions respecting the Additional Bonds not inconsistent with the terms of this Resolution, including registration, transfer and exchange provisions and provisions for the payment of principal and interest. Before such Additional Bonds shall be issued and delivered., the Agency shall IDe the following documents with the Fiscal Agent: (a) A resolution of the Agency finding that the issuance of such Additional Bonds is necessary to provide for the completion of the Project or for an addition to the Project, .and is lawful for such purpose, and setting forth the estimated cost and date of completion. (b) The Supplemental Resolution authorizing such Additional Bonds. ( c) Opinions of Counsel and of Bond Counsel, each setting forth (1) that he has examined the Supplemental Resolution; (2) that the execution and delivery of the Additional Bonds have been sufficiently and duly authorized by the Agency; (3) that the issuance of the Additional Bonds is authorized by law; (4) that said Additional Bonds, when duly executed and delivered by the Agency, will be valid and binding obligations of the Agency payable from Revenues in accordance with the terms of this Resolution and the Supplemental Resolution authorizing the issuance of such Additional Bonds; (5) that opon the delivery of the Additional Bonds the aggregate principal amount of bonds then outstanding will not. exceed the amount at that time permitted by law or the then limits of indebtedness of the Agency. if any; and (6) that the Agency, upon the completion of the purpose or purposes to be financed by said Additional Bonds, will be authorized to use and operate the Project, and/or the additional project involved, in the case of default by the City, and to use and apply the Revenues from the Project, andlor the additional project involved., for the ~yment of the Bonds and Additional Bonds. (d) A cert:i.flcate of the Secretary of the Agency certifying that the requirements set forth in Section 15 have been either met or provided for. together with a copy of the revised Lease to the City required by said Section. ] ] Section 17. Revenue Fund. All Revenues shall be immediately deposited with the Fiscal Agent and the Fiscal Agent shall credit said moneys to a special fund, designated as the "Revenue Fund." AD moneys at any time deposited in the Revenue Fund shall be held in trust for the benefit of the Holders from time to time of the Bonds and the coupons appertaining thereto, but shall nevertheless be dis- bursed, allocated and applied solely for the uses and purposes. set forth in this Resolution. ~ J Section lB. Allocation of Moneys in Revenue Fund to Special Funds. The Fiscal Agent .sbaIl transfer from the Revenue Fund the following amounts at the times and in the manner hereinafter provided for, and shall deposit such amounts, in the following order of priority, in the following File No. 60,005-5 16 - ~ g:- -'\(":" 4513 '-- respective Funds (which. except for initial payments from Bond proceeds, are derived from the Revenue Fund and are subdivisions thereof), each of which Funds shall be disbursed and applied only as herein authorized: (a) Debt Service Fund. On or before March 1, 1978, and on each March 1 thereafter, the Fiscal Agent shall deposit in the Debt Service Fund hereby established (the initial payment into which is provided for in Section 13) a sum sufficient, together with the balance then on hand in said Fund, to pay the interest becoming due on the Bonds on the following April L On or before August 1, 1978, and On each August 1 thereafter, the Fiscal Agent shall deposit in the Debt Service Fund. a sum sufficient, together with the balance then on hand in said Fund, to pay the interest and principal, if any, becoming due on the Bonds on the next succeeding October 1. No payment need be made into the Debt Service Fund if the amount contained therein is at least equal to the above amounts of interest and principal to become due upon an of the Bonds then outstanding. Moneys in the Debt Service Fund shall be used and withdrawn by the F"lSCal Agent solely for the purpose of paying the interest and principal on the Bonds as they shall become due and payable or transferring such moneys to the Paying Agents for that purpose. (b) Term Bond Sinking Fund. Commencing on August 1, 1993, and on each August 1 thereafter, after the deposit has been made into the Debt Service Fund as required in (a) above, deposits shall next be made into the Term Bond Sinking Fund so that the balance in said Fund shall equal the Minimum Sinking Fund Payment for that year, shown below, on the then outstanding term Bonds. ,.... J j - I MINIMUM SINKING FUND PAYMENTS "..... Year of Redemption, October 1 of Minimum Payment Year of Redemption. October 1 of Minimum Payment '-' 1993 1994 1995 1996 1991 ......................... . $ 95,000 100,000 105,000 115,000 125,000 1998 1999 2000 2001 .. 0..................... ... 0-............................. $130,000 140,000 150,000 160,000 .. .. .- .. .. . .. .. .. .. .. .. .. .. .. .. .. .. . .. .. . .. ................................... . ...................... . .. . . . .~. . . . . . . . .. . . . .. . . . . . .... ..................... ......... .,..................... (c) Reseroe Fund. On or before August 1, 1978, and on each August 1 thereafter through August 1, 1982, the Fiscal Agent shall deposit in the Resexve Fund (the initial payment into wbich is provided for in Section 13) an amount wbich, when added to any increase in the balance of said Fund since the prior August 1, will be sufficient to increase the balance. in the Resexve Fund by one-te~th (710) of Maximum Annual Debt Service each year, so that On August 1, 1982, the balance in the Resexve Fund will equal at least Maximum Annual Debt Service. Thereafter. the Fiscal Agent shall deposit in the Reserve Fund such amounts as may be necessary to maintain. on deposit in that Fund an amount equal to the Maximum Annual Debt Service. The moneys in the Reserve Fund shall be applied solely for the purpose of paying the interest on the Bonds as it shall become due and payable, or for the purpose of paying the principal of the serial Bonds at their maturities, or for the pwpose of making Minimum Sinking Fund Payments, to the extent that there are insufBcient moneys available for such purposes in the Debt Service Fund, the Term Bond Sinking Fund or the Revenue Fund. An amount equal to the Maximum Annual Debt Service on the Bonds outstanding shall be maintained at all times after August 1, 1982, in the Resexve Fund by payments from the Revenue Fund. from time to time as may be necessary, and any deficiency therein shall be made up from time "... to time from the Revenue Fund after deposits into the Debt Service Fund under (a) above or. as the I case may be, into the Term Bond Sinking Fund under (b) above. In any year any moneys in excess of ! the Maximum Annual Debt Service in the Reserve Fund shall be transferred to the Revenue Fund. No L..., payment need be made into the Resexve Fund if and when the aggregate amount of the moneys on File No. 60,005-5 17 .. ~.. .1 4514 deposit therein equals the Maximum Annual Debt Service. Moneys in the Reserve Fund may be used to pay the principal and/or interest on the last maturity or maturities of Bonds outstanding. Should all the outstanding Bonds be redeemed prior to maturity, any moneys at the time deposited in the Reserve Fund may be used, in whole or in part, to pay the principal, interest and premium, if any, on the Bonds to be so redeemed.. ( d) Administrati.ve Expense Fund. On each March 1 and August 1, commencing after the first rent payment under the Lease is paid, provided that the required transfer to the Debt Service Fund has been made so that the amount required to pay principal and interest on the Bonds on the next succeeding Aprill and October 1, respective!y (based upon the amount of Base Rental payments provided therefor), has been retained, the Fiscal Agent shall deposit in the Administrative Expense Fund from the Revenue Fund, to the extent available, the sums sufficient for the payment of: (i) All taxes and assessments of any nature whatsoever, including, but not limited to, excise taxes, ad valorem taxes, ad valorem and speci.6c lien special assessments and gross receipts taxes, if any, levied upon the Project, the Agency's interest therein, the Agency's operation thereof, or the Agency's rental income derived therefrom. (ii) All expenses not otherwise paid or provided for out of the proceeds of the sale of Bonds of the Agency incidental to the issuance of the Bonds and all administrative costs of the Agency, including, without limitation. salaries, wages, expenses, compensation and indemnmcation of the Fiscal Agent under this Resolution, fees and charges of auditors, accountants. architects, attor- neys and engineers, and all other necessary administrative charges of the Agency or charges required to be paid by it in order to comply With the terms of the Bonds oraf this Resolution and to defend the Agency and its members. (ill) Insurance premiums, if any, on all insurance required or permitted under the provisions of Section 8 of the Lease, or otherwise. (iv) All costs and expenses which the Agency may incur as a consequence of any default by the City under the Lease, including, without limitation, reasonable attorneys' fees and costs of suit in equity or action at law to enforce the terms and conditions of the Lease, and all amounts which shall be required to provide for the payment of all oosts of maintenance and operation of the Project should the Agency operate the Proi~ by reason of such default, including oosts of repairs and replacements, labor costs and insurance. Moneys shall be disbursed by the Fiscal Agent to pay such oosts upon the Written Request of the Agency. . (v) AIl sums necessary to maintain ~n amount of ~2,500.00 in the Administrative Expense Fund.. Tlle Fiscal Agent shall bill the City for any balance of the amounts due, pursuant to subsection (b) of Section 4 of the Lease, to pay any of the foregoing items of Additional Rental when the same become due, and, upon receipt of same, shall deposit such amounts in the Administrative Expense Fund.. ( e) Surplm. Any moneys rema;niT'g in the Revenue Fund on November 1, 1978, or on each November 1 thereafter, after the above transfers have been made, may, upon receipt of a certiScate of the Fiscal Agent certifying that such moneys are in excess of the amounts presently required for the foregoing Funds, be declared surplus and may be (a) used and applied by the Fiscal Agent, at the direction of the Agency, to the purchase of the Bonds, provided that such Bonds shall not be purchased at a price in excess of the then current redemption price or in excess of the maximum redemption price if such Bonds are not then subject to redemption, or (b) transferred to the Redemption Fund and used to call and redeem Bonds prior to maturity, Or (c) transferred to the Construction Fund to be set aside and accumulated therein for future changes, alterations, repairs and additions to the Project which the Agency may from time to time deem desirable, or (d) used as a credit against any future Base or Additional Rental payments to be made by the City pursuant to the Lease. J ., l ...J -., J File No. 60,005-5 18 ,"~:o.$il*..ii-''l-i1i! 1 ___~. - f ",..... "'- ""... II- ,... L 4515 Section 19. Covenants of the Agency. COVENANT 1. Punctuall'ayment. The Agency shall punctually payor cause to be paid the principal. premium, if any, and interest to become due in respect of all Bonds, in strict conformity with the terms of the Bonds and of this Resolution, and it shall faithfully observe and perfonn all of the conditions, covenants and requirements of this Resolution, all Supplemental Resolutions and the Bonds. CoVENANT 2. Against Encumbrances and Sale. The Agency covenants that the Project or any part thereof, or any real or personal property essential to the operation thereof, shall not, except as provided in Section 15 of the Lease, be mortgaged or otherwise encumbered, sold, leased, pledged, any charge placed thereon, or disposed of as. a whole or substantially as a whole unless such sale or othel' disposition be so arranged as to provide for a continuance of payments into the Revenue Fund sufficient in amount to pennit payment therefrom of the principal of, premium, if any, and interest on the Bonds and any Additional Bonds, payment of which is required to be made out of the Revenues, and also to provide for such payments into the Funds as are required under the terms of this Resolution. The Revenues shall not be mortgaged, encumbered, sold, leased, pledged, any charge placed thereon, or disposed of or used except as authorized by Section 15 of the Lease and by the terms of this Resolution. The Agency further covenants that, except as provided in Section 15 of the Lease, it will not enter into any agreement which impairs the operation of the Project or any part thereof necessary to secure adequate revenues to pay the principal of and interest on the Bonds or which otherwise would impair the rights of the Bondholders with respect to the Revenues or the operation of the Project If any substantial part of the Project is sold, the payment therefor shall either be used for the acquisition and! or construction of improvements and extensions of the Project or shall be placed in the appropriate Funds and shall be used to payor call and redeem said Bonds and Additional Bonds, and to pay interest thereon, in the manner provided in this Resolution and any Supplemental Resolution, all as more particularly set forth in Section 15 of the Lease. CoVENANT 3. Construction of Project. The Agency shall. or shall cause its agent or agents to, acquire and construct the Project with all expedition practicable. The Agency covenants that it has, or will have, all right, title and interest in and to the performance bonds and the labor and matenalmen's bonds provided for in the Construction Contracts and that, with the approval of the sureties 'named in said bonds, it has assigned or shall ~gn said performance bonds and labor and materialmen's bonds to the Fiscal Agent, and hereby agrees to deposit any pro- ceeds therefrom with the Fiscal Agent in the COnstruction Fund. CoVENANT 4. To Maintain Insurance. The Agency shall at all times maintain or cause to be maintained with responsible insurers all such insurance on the properties (valued as deaned below) which'is customarily maintained with respect to properties of like character against accident to, loss of or damage to such properties. Notwithstanding the generality of the foregoing, the Agency shall not be required to maintain or ca~ to be maintained more insurance than is specifically referred to below or any insurance unless the same is insurance which is available from .reputable insurers on the open market. The Agency shall keep or cause to be kept a policy or policies of insurance against loss or daniage to the property covered by this Resolution resulting from fire. lightning. vandalism, malicious mischief, riot and civil commotion, such perils ordinarily defined as "extended coverage" and such other perils as the Agency and the City may agree should be insured against, on forms and in amounts satisfactory to each. ~uch insurance shall be maintained in an amount not less than the full insurable value of the properties (such value to include amounts spent for COnstruction of the- Project, for architectural. engi- neering, legal and administrative fees and for Project inspection and supervision) or the amount of the Agency's outstanding Bonds, whichever amount is less, subject to deductible conditions of not to File No. 60,005-5 19 ~ iI .- "".,"._~O~.";'''""_''. -. _-. 17: .'1: 4516 0- exceed $10,000 for anyone loss. The term"full insurable value", as used in this Section, shall mean the actual replacement cost, using the items of value set forth above (including the cost of J.. i restoring the surlaoe of grounds owned or leased by the Agency, butexclu. ding the cost of restoring .' trees, plants and shrubs), less physical depreciation. Said"full insurable value" shall be determined . from time to time, but not less frequently than once in every thirty-six (36) month period. The Agency shall also: (a) Maintain or cause to he maintained use and occupancy, or business intenuption or rental income insurance, against the perils of fire, lightning, vandalism and malicious mischief, and such other perils ordinarily defined as "extended coverage-.in an amount equal to not less than two (2) years' Base Rental and Additional Rental; and (b) Maintain or cause to he maintained public liability insurance against claims for bodily injury or death, and for damage to property occurring upon, in or about the property. such insurance to afford protection to a limit of not less than $250,000 with respect to bodily injury or death to anyone person. not less than $1,000,000 with respect to bodily injury or death to any number of persons in anyone accident, and property damage liability insurance in an amount- not less than $5O,OOOjand (c) Maintain or cause to be maintained workmen's compensation insurance issued by a responsible carrier authorized under the laws of the State of California to insure employers against liability for compensation under the Workmen's Compensation Insurance and Safety Act now in force in California, or any act hereafter enacted as an amendment or supplement thereto or in lieu thereof, such workmen.s compensation insurance to cover all persons employed in connection with the Project and to cover full liability for compensation under any such act aforesaid, based ~~on death or ~y inj~ claims ~ade ~y, for or o~ behalf of any. person incurring or suIfering .., mJury or death -dunng or 10 connection Wlth the Project or the busmess of the AgenCY'1 ~ All insurance herein provided for shall be effected under policies issued by insurers of recognized """'" responsibility, licensed or permitted to do business in the State of California. The phrase "insurance which is available from reputable insurers on the open market" means standard policies of insurance with standard deductibles offered by reputable insurers in a competitive market. All policies or certificates issued by the respective insurers for insurance shall provide that such policies or certificates shall not be cancelled or materially changed without at least thirty (30) days' I prior written notice to the Fiscal Agent and the Agency, and shall carry loss payable endorsements in favor of the Fiscal Agent where applicable. Copies of such policies shall be deposited with the Fiscal Agent by the Agency, together with appropriate evidence of payment of the premiums therefor; and, at least thirty (30) days prior to the expiration dates of expiring policies or contracts held by the Fiscal Agent, copies of renewal. or new policies on contracts or certiflcates shall be deposited with the Fiscal Agent.- All proceeds of insurance with respect to loss -or damage to the property shall be paid to the Fiscal Agent and be used pursuant to the Lease but may be paid to the Agency and applied by if: to the repair, restoration or replacement of the property destroyed or damaged. Upon payment thereof to the Fiscal Agent, '(I) if the Project is to be repaired or rebuilt, the Fisca.lAgent shall deposit the same in the Construction Fund for application as provided with respect to moneys in such Fund, or (2) if the Project is not to be repaired .or rebuilt, the Fiscal Agent shall deposit the same in the Redemption Fund for application as provided for moneys in such Fund. CoVENANT 5. Discharge of Claims, In order to fully preserve and protect the prioIity and . security of the Bonds, the Agency shall pay from the proper Fund and discharge or cause to be I discharged all lawful claims for labor, materials and supplies furnished for or in connection with the -J Project which, if unpaid, may become a lien or charge upon the Revenues prior or superior to the lien ~ File No. 60,005-5 !O R1IfiTJ u ~,~ ."~0"W~!.lL._;- ~L., I Il .jh. ----+--.--- 4517 ,..., . i: I .1 .... of the Bonds and impair the security of the Bonds. The Agency shall also, from time to f:iI:i1e, duly pay and discharge, or cause to be paid and discharged, any taxes, assessments or other governmental charges lawfully imposed upon the Project or upon the Revenues, after the same has become due and payable, except that the Agency may, in good faith, contest any such tax, assessment or governmental charge, as well as any lawful claim for labor, materials or supplies for work completed or materials or supplies furnished, which, if lmpaid, might by law become a lien or charge upon the Revenues or the Project, or which might otherwise impair the security of the Bonds. CoVENANT 6. Financial Reports. Within one hundred twenty (120) days after the close of each Fiscal Year, the Agency shall furnish to the Fiscal Agent, and to any Bondholder who shall make written request therefor prior to the close of such Fiscal Year, detail~ certified reports of audit, based on an examination in accordance with generally accepted auditing standards, prepared by an Independent Certified Public Accountant, covering the operations of the Agency in connection with the Bonds issued pursuant to this Resolution or Additional Bonds issued pursuant to a Supplemental Resolution or Resolutions for the next p~ng Fiscal Year, showing the Revenues and expenses for sum period and the types and amounts of insurance coverage in force for such period and the expiration dates thereof. Such audit report shall include statements of the status of each Fund pertaining to the Bonds or Additional Bonds or the Project, showing the amount and source of deposits therein, the amount and purpose of the withdrawals therefrom and the balance therein at the beginning and end of the Fiscal Year. CoVENANT 1. Maintenance of Paying AgentJ. The Fiscal Agent, subject to the approval of the Agency, shall appoint and at all times have Paying Agents for the payment of the principal of, premium, if any, and interest on the Bonds in each of the places mentioned in Section 6. It shall be the duty of the Fiscal Agent to make such credit arrangements with such Paying Agents as may be necessary to ,-.. assure, to the extent of the moneys held by the Fiscal Agent for such payment, the prompt payment of the principal of, premium, if any, and interest on the Bonds presented at any place of pa)'II1ent specified "- herein. COVENANT 8. Amendment of Lease. The Agency shall not consent to the amendment, alteration . or modification, in whole or in part, of the Lease, e:<cept (i) as may be elsewhere permitted by this .Resolution, or (ii) in the. case of anyone of the following: ( a) if, in the Opinion of Bond Counsel, such amendment, alteration or modification does not materially adversely affect the rights of the Holders of the Bonds, (b) as may be necessary in connection with the issuance of Additional Bonds purusant to the provisions of this Resolution, (c) as may be necessary in connectior. with the issuance of refunding bonds subject to the provisions of this Resolution, or (d) witb tbr written consent of the Holders of sixty percent (60%) in aggregate principal amount of the .bonds then outstanding. exclusive of Bonds owned by the Agency or by the City. Any such written consent shall be obtained in the manner provided herein, except that, in cases where no Supplemental Resolution is provided for, the Agency shall adopt a resolution expressing its consent to the amendment, alteration or modification involved. "... CovENANT 9. Maintain and Preserve the Project. The Agency shall, or shall cause the City, as . lessee under the Lease, or Agency's agents, lessees, or sublessees in the case of default, to, operate, maintain and preserVe the Project in good repair and working order and to operate the Project in an efficient and economical manner; provided, however, that in the case of default, the Agency or its agents, lessees, or sublessees may lease or rent the Project or any part thereof, or otherwise provide for the operation of the Project or any part thereof. i..., CoVENANT 10. Prosecution and Defense of Suits Relating to Title. The Agency hereby agrees that it shall, upon request.of the Fiscal Agent, promptly from time to t:UDe take such action as may be File No. 60,005-5 21 , 4518 Decessary and proper to remedy or cure any defect in or cloud upon the title to the Project or any part ] thereof. whether now erlsting or hereafter developing. and shall prosecnte aD suits, actions and other' ".'... proceedings as may be appropriate for such purpose. , CoVENANT 11. Eminent Domain. The Fiscal Agent, upon receipt of any moneys as the result of the condemnation of all or any part of the Project, shall deposit the same in the Redemption Fund and said moneys shall be used as provided in Section 11 of the Lease. CoVENM'1' 12. Maintenance of Revenues. The Agency shall, if it should operate the Project by reason of default by the City. fix, prescribe and collect rentals or other charges in connection with the services and facilities furnished from the Project sufficient to pay principal of and interest on the Bonds as they become due, together with all expenses of operation, maintenance and repair of the Project and such additional sums as may be required for the Term Bond Sinking Fund. the Administrative Ex- pense Fund and the Reserve Fund. The Agency shall promptly collect all rents and charges due for the occupancy or use of the Project as the same become due, and shall promptly and vigorously enforce its rights against any tenant or other person who does not pay such rents or charges as they become due. The Agency shall at all times maintain and vigorously enforce all of its rights under the Lease. CoVENANT 13. City Appropriation. In the event of a failure by City to perform its covenants relating to budgeting under Section 4(d) of the Lease, the Agency shall promptly take such action as may be necessary to cause such annual appropriation resolution to be amended. corrected or augmented so as to include therein amounts required to be raised by the City in the ensuing Fiscal Year for the payment of rentals due under the Lease and shall notify the Fiscal Agent of the proceedings then taken or proposed to be taken by the Agency. The Agency shall keep the Fiscal Agent advised of all proceedings thereafter taken by the Agency. . . , ~1 CoVENA.lI<-r 14. Limits on Additional Debt. The Agency covenants that: (a) No additional indebtedness evidenced by bonds, notes, interim certiBca.tes, debentures or other obligations payable out of the Revenues shall be issued p~ant to said Law or any other law of the State of California having any priority in payment of principal or interest out of the Revenues over th~ Bonds authorized by this Resolution. (b) No Additional Bonds, notes, interim certiBcates. debentures or ()ther obligations payable out of the Revenues shall be issued, except pursuant to and subject to the limitations of Sections 15 and 16, ranking on a parity with these Bonds. (c) No refunding bonds, Dotes, interim certiiicates, de1~ntures or other obligations payable out of the Revenues shall be issued to refund a part of the Bonds authorized by this Resolution unless the Agency shall have entered into a lease or revised Lease with the City in and by which the City obligates itself in the manner provided in the Lease to make payn;ents of Base Rental to the Agency for the use of the Project at the times and in the amounts sufficient to provide for the payment of the principal of and interest on bonds outstanding after such refunding as such principal and interest become due. CoVENANT 15. Further Assurances. The Agency shall make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Resolution, and for the better assuring and confirming unto the Holders of the Bonds of the rights and bene5ts provided in this Resolution. ....J CoVENANT 16. Protection of Security and Rights of Bondholders; No Arbitrage. The Agency covenants and agrees to preserve and protect the security of the Bonds and the rights of the Bondholders and to defend their rights under all claims and demands of all persons. The Agency covenants 2nd ] File No. 6O,Q05.5 !2 r . .f . '-' "..... '--' "... ..., .._----~~--j 4519 agrees to contest by court action or otherwise any assertion by the United States of America or any department or agency thereof that the interest received by the Bondholders is taxable under federal income tax laws. The Agency covenants and agrees to take no action which. in the Opinion of Counsel, would result in the interest received by the Bondholders becoming taxable under federal income tax laws. Any Opinion of such Counsel may be based upon, insofar as it relates to factual matters, informa- tion which is in the possession of the Agency as shown by a certificate or opinion of, or representation by, an officer or officers of the Agency, unless such Counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion or representation with respect: to the matters upon which his opinion may be based, as aforesaid, is erroneous. As used herein, "Opinion of Counsel" means a written opinion of Bond Counsel. The Agency hereby covenants to the purchasers of the Bonds tha,t it will make no use of the proceeds of the Bonds at any time during the term thereof which, if such us~ had been reasonably expected at the date the Bonds are issued, would have caused such Bonds to be "arbitrage bonds" within the meaning of Section 103 ( c) of the United States Internal Revenue Code of 1954, as amended, and applicable regulations adopted thereunder by the Internal Revenue Service, and the Agency hereby assumes the obligations to comply with such Section 103( c) and such regulations throughout the tenn of the Bonds. Section 20. Moneys Deposited To Be Held in Trust. All moneys deposited with the Fiscal Agent under the provisions of this Resolution shall be held in trust and applied only in accordance with the provisions of this Resolution, and shall not be subject to lien or attachment by any creditor of the Agency other than the lien of the Holders of the Bonds issued pursuant to and secured by this Resolution. . Section 21. Security For Deposits. All moneys held hereunder by the Fiscal Agent shall be held in time or demand deposits and shall be secured by such obligations and to the extent as shall be required by law for public deposits, except to the eXtent that moneys are invested as hereinafter provided. Section 22. Investment of Funds. Moneys held in any Fund created hereunder shall be invested with reasonable diligence by. the Fiscal Agent to the extent premitted by law for public funds or held or deposited pursuant to Section 21 hereof in such a manner as, in the opinion of Fiscal Agent, will maximize interest returns. . All such investments shall mature not later than the date or dates when the moneys held in such Funds will be .required for the purposes in this Resolution provided. Section 23. Investments and InCVtne as Part of Funds; Liquidation. Except as otherwise herein expressly provided, moneys w ar:;, Fund created hereunder shall be deemed at all times to be a part of such Fund and the interest and income accruing thereon and any profit realized from the liquidation of any such investment shall be credited to such Fund and any loss resulting from the liquidation of any such investment shall be charged to such Fund. For the purposes of any such investment, obligations shall be deemed to mature at the earliest date on which the obligor is on demand ~vocably-required to pay a fixed sum in discharge of the whole of such obligations. In computing the balance in any such Fund, obligations shall be valued at the cost value thereof. The Fiscal Agent shall sell at the best price obtainable, or present for redemption, any obli~tions so purchased as an investment whenever it shall be .requested in writing by the Agency so to do or whenever it shall be necessary in order to provide moneys to meet any payment or transfer from any such Fund. The Fiscal Agent shall not be liable or responsible for making any investment, or for any loss resulting therefrom, if such investment is made in conformity with this Resolution. The Fiscal Agent shall advise the Agency in writing, when reasonably requested to do so, of the details of all investments held for the credit of any such Funds in the custody of the Fiscal Agent under the pro- visions of this Resolution as of the end of the preceding month. File No. 60,005-5 23 4520 Section 24. Acceptance of Trusts by Fiscal Agent. The Fiscal Agent accepts and agrees to execute the trusts imposed upon it by this Resolution, but only upon the terms and conditions and subject to the provisions of this Resolution, to all of which the parties hereto and the respective Holders of the Bonds agree. All Funds created under this Resolution shall be held by the Fiscal Agent and administered as trust funds as herein provided. . -.., i 1 ...J Section 25. Fiscal Agent and Paying Agents. The Agency hereby appoints the Corporate Agency Division of the Bank of America National Trust and Savings Association as Fiscal Agent and trustee to act as the agent and depositary of the Agency for the purpose of receiving the proceeds from the sale of the Bonds and the Revenues and other funds as provided in this Resolution. to hold. allocate. use and apply such Revenues and other funds as provided in this Resolution, and to perform such other duties and powers of the Fiscal Agent as are prescribed in this Resolution. The Agency may remove the Fiscal Agent initially appointed or any successor thereto and in such case shall forthwith appoint a successor thereto, but any successor shall be a bank or trust company doing business and having an office in Los Ange~ California, and having a combined capital and surplus of at least Shy million dollars ($50,000,000). The Fiscal Agent so appointed, or any successor Fiscal Agent, may at any time resign as such by writing filed with the Agency, in which event the Agency shall forthwith appoint a successor Fiscal Agent and the resignation shall become effective upon such appointment In the event that the Fiscal Agent or any successor becomes incapable of acting as such, the Agency shall forthwith appoint a successor Fiscal Agent Any bank or trust company into which the Fiscal Agent may be merged or with which it may be consolidated shall become the Fiscal Agent without action of the Agency. A Fiscal Agent may become the owner of any of the Bonds authorized by this Resolution or any of the coupons appertaining thereto with the same rights it would have had if it were not the Fiscal Agent The Fiscal Agent shall have no duty or obligation whatsoever to enforce the collection of or to exercise diligence in the enforcement of the collection of funds assigned to it hereunder, or as to the correctness of any amounts received., but its liability shall be limited to the proper accounting for such funds as it shall actually receive. The recitals of fact and all promises, covenants and agreements herein and in the Bonds shall be taken as statements, promises, covenants and agreements of the Agency. and the Fiscal Agent assumes no responsibility for the correctness of the same, makes no representations as to the validity or sufficiency of this Resolution or of the Bonds or coupons, and shall incur no responsibility in respect thereof other than in connection with the duties or obligations herein or in the Bonds assigned. to or imposed upnn the Fiscal Agent The Fiscal Agent shall not be liable in connection with the per- fonnall~ ,.: its duties hereunder, except for its own negligence or default The Agency shall, during the life of the Bonds, provide for Paying Agents, at least one in Chicago, Illinois, and at least one in New York, New York, at the office of which the Bonds and coupons are pay- able at the option of the Holder. -- j Section 26. Lost, Stolen, Destroyed or Mutilated Bonds or Coupons. In the event that any Bond or any interest coupon appertaining thereto is lost, stolen. destroyed or mutilated., the Agency shall cause to be issued a new Bond or coupon, similar to the original, to replace the same in such manner and upon such reasonable terms and conditions (including the payment of costs and the posting of a surety bond if the Agency deems such surety bond necessary) as may from time to time be deter- mined and prescribed by resolution. The Agency may authorize such new Bond or coupon or coupons to be signed and authenticated in such manner as it determines in such resolution. , J Section 27. Cancellation of Bonds. All Bonds and coupons surrendered to the Fiscal Agent or.any Paying Agent for payment shall upon payment therefor be cancelled immediately and forthwith trans- File No. 60,00>5 24 4521 "...... mitted to the Treasurer. All of the cancelled Bonds and interest coupons shall remain in the custody of the Treasurer until destroyed pursuant to authorization by the Agency. ""- Section 28. Amendments. This Resolution, and the rights and obligations of the Agency and of the Holders of the Bonds and coupons issued hereunder, may be modified or amended at any time by Sup- plemental Resolution adopted by the Agency: (i) without the consent of Bondholders, if such modifica- tion or amendment is for the purpose of curing any ambiguities, defects or inconsistent provisions in this Resolution or to insert such provisions clarifying matters or questions arising under the Resolution as are necessary and desirable to accomplish the same, provided that such modifications or amendments do not adversely affect the rights of the Bondholders, andlor (ll) with the consent of Bondholders holding at least sixty percent (60%) in aggregate principal amoWlt of the outstanding Bonds (exclusive of Bonds, if any, owned by the Agency or the City) and obtained as hereinafter set forth; provided. how- ever, that no such modification or amendment shall, without the express' consent of the Holder or registered own~r of the Bond affected, reduce the principal amoWlt of any Bond, reduce the interest rate payable thereon. extend its maturity or the times for paying interest thereon or change the monetary medium in which principal and interest are payable, or reduce the percentage of consent required for amendment or modification. Any act done pursuant to a modification or amendment so consented to shall be binding upon the Holders of all of the Bonds and interest coupons, whether such coupons be attached to Bonds or detached therefrom. and shall not be deemed an infringement of any of the provisions of this Resolu- tion or of the Law, whatever the character of such act may be, and may be done and performed fully and freely as if expressly permitted by the terms of this Resolution, and, after such consent relating to such specified matters has been given, no Bondholder or holder of any interest coupon, whether attached to a Bond or detached therefrom, shall have any right or interest to object to such action or in any manner to question the propriety thereof or to enjoin or restrain the Agency or any officer thereof from taking any action pursuant thereto. A. Calling Bondholders" Meeting. H the Agency shall desire to obtain any such consent, it shall duly adopt a resolution calling a meeting of Bondholders for the purpose of considering the action the consent to which is desired. B. Notice of Meeting. Notice specifying the purpose, place, date and hour of such meeting shall be published once in a Financial Newspaper or Journal. such publication to be not less than sixty (60),days nor more than ninety (90) days prior to the date fixed for the meeting. Such notice shall set forth the nature of the proposed action consent to which is desired. H any of the Bonds shall be so registered as to be payable otherwise than to bearer, the Agency shall, on or beIore the publication of such notice, cause to be mailed a similar notice, postage prepaid, to the respective registered owners thereof at their addresses appearing on the Bond registry books in the possession of the Fiscal Agent. Notice shall also be mailed to each Bondholder who has flIed his name and address with the Fiscal Agent for this purpose. The place, date and hour of holding such meeting and the date or dates of publishing and mailing such notice shall be determined by the Agency in its discretion. The actual receipt by any Bondholder of notice of any such meeting shall not be a condition precedent to the holding of such meeting, and failure to receive such notice shall not affect the validity of the proceedings thereat. A certificate by the Secretary of the Agency, approved by resolution. of the Agency, that the meeting has been called and that notice thereof has been given as herein provided shall be conclusive as against all parties, and it shall not be open to any Bondholder to "".... show that he failed to receive actual notice of such meeting. --- I"""'" C. Voting Qualifications. Bondholders may, prior to such meeting. deliver their Bonds to the ...., Fiscal Agent and shall thereupon be entitled to receive an appropriate receipt for the Bonds so File No. 60,005-5 25 4522 deposited caIling for the redelivery of such Bonds at any time after the meeting. The Fiscal Agent shall J prepare and deliver to the chairman of the meeting a list of the names and addresses of the registered .. owners of Bonds, with a statement of the maturities and serial numbers of the Bonds held and deposited.. ..~.. by each of such Bondholders, and no Bondholders shall be entitled to vote at such meeting unless their names appear upon such list or unless they shall present their Bonds at the meeting or a certiBcate of deposit thereof. satisfactory to the Agency, executed by a bank or trust company. No Bondholder shall be permitted to vote with respect to a largera~aregate principal amount of Bonds than is set against such Bondholder's name on such list, unless he shall produce the Bond or Bonds upon which he desires to vote or a certiBcate of deposit thereof as above provided. D. Issuer-Owned Bonds. The Agency covenants that it shall present at the meeting a certiBcate. signed and verined by one member thereof and by the Treasurer, stating the maturities and serial numbers of all Bonds owned by, or held for account of, the Agency or the City, directly or indirectly. No person shall be permitted at the meeting to vote Or consent with respect to any Bond appearing upon such certificate, or any Bond which it shall be established at or prior to the meeting is owned by the Agency or the City, directly or indirectly, and no such Bond (in this Resolution sometimes referred to as Missuer-owned Bond") shall be counted in determining whether a quorum is present at the meeting. E. Quorum and Procedure. A representation of at least sixty percent (60%) in aggregate principal amount of the Bonds then outstanding (exclusive of issuer-owned Bonds. if any) shall be necessary to constitute a quorum at any meeting of Bondholders. but less than a quorum may adjourn the meeting from time to time and the meeting may be held as so adjourned without further notice, whether such adjournment shall bave been bad by a quorum or by less than a quorum. The Agency shall. by an instrument in writing, appoint a temporary chairman of the meeting, and the meeting shall be organized by the election of a permanent chairman and secretary. At any meeting, each ".... Bondholder shall be entitled to one vote for every nve thousand dollars ($5,000) principal amount .. of Bonds with respect to which he shall be entitled to vote as aforesaid, and such vote may be ....; given in person or by proxy duly appointed by an instrument in writing presented at the 'meeting. The Agency, by its duly authorized representative, may attend any meeting of the Bondholders, but shall not be required to do so. F. Vote Required. At any such meeting held as aforesaid, there shall be submitted for the consideration and action of the Bondholders a statement of the proposed action consent to which is desired, and, if such action shall be consented to and approved by Bondholders holding at least sixty percent (50%) in aggregate principal amount of the Bonds then outstanding (exclusive of issuer-owned Bonds), the chairman and secretary of the meeting shall so certify in writing to the Agency and such cerincate shall constitute complete evidence of consent of Bondholders under the provisions of this Resolution. A certiBcate signed and verltted by the chairman and the secretary of any such meeting shall be conclusive evidence and the only competent evidence of matters stated in such certiBcate relating to proceedings taken at such meeting. . Section 29. Events of Default and Acceleration of Maturities. If one or more of the fonowing events (herein called -events of default") shall happen, that is to say- (a) if default shall be made in the due and punctual payment of the principal of, or premium (if any) on, any Bond when and as the same shall become due and payable, whether at maturity as therein expressed, by proceedings for redemption, by declaration or otherwise; (b) if default shall be made in the due and punctual payment of any installment of interest on any Bond when and as such interest installment shall become due and payable, and such default shall have continued for a period of thirty (30) days; (c) if default shall be made by the Agency in the observance of any of the covenants, agreements or conditions on its part in this Resolution or in the Bonds contained, and such default , I 1 .....J File No. 6O.00s.s 26 ",.... ~ ,...... ~ ,,-. I L 4523 shall have continued for a period of sixty (60) days after written notice thereof, specifying such default and requiring the same to be remedied, shall have been given to the Agency by the Fiscal Agent, or to the Agency and the Fiscal Agent by the Holden of not less than twenty-five percent (25%) in aggregate principal amount of the Bonds at the time outstanding; (d) if the Agency fails to bring suit or other legal proceedings against the City for failure by the City to budget, appropriate or pay the amounts due the Agency under the Lease, and such failure continues. for a period of tPirty (30) days after the City's failure to so budget, appropriate or pay; or (e) it under the provisions of any law for the relief or aid of debtors, any court of competent . jurisdiction shall assume custody or control of the Agency or of the whole or any substantial part of its property, and such custody or control shall not be terminated or stayed within sixty (60) days from the date of assumption of such custody or control: then, and in each and every such case during the continuance of such event of default:. the. Fiscal Agent m.y, or the Holders of not less than a majority in aggregate principal. amount of the Bonds at the time O1$tanding shall, be entitled, upon notice in writing to the Agency, to declare the principal of all of the Bonds then outstanding, and the interest accrued thereon, to be due and payable immediately, and upon any such declaration the same sball become and lIhall be immediately due and payable, anything in this Resolution or in the Bonds contained to the contrary notwithstanding. This provision, however, is subject to the condition that if, ~t any time after the principal of the Bonds shall have been so declared due and payable, the Agency shall pay to or sball deposit with the F~ Agent a sum sufficient to pay all principal on the Bon~ matured prior to such declaration and all unpaid matured installments of interest (if Jlny) upon all the Bonds, and any and all other defaults )mown to the Fiscal Agent (other than in the payment of priIlcipaI of and interest on the Bonds due and payable solely by reason of such declaration) shall have bee~ made good or cured to the satisfao- tiOl1 of the Fiscal Agen~ or provisiOn deemed by the Fiscal Agept to be adequate shall have been made therefor, then, and in every such case, the Holders of not less than a majority in aggregate principal amount or the Bonds then outstanding, by wri~en notice to the Agency and to the Fiscal Agent, may, On behalf of the Holders of all of the Bonds, rescind and annul such declara~on and its consequences; but DO such rescission and annulment shall extend to or shall affect any subsequent default, or shaTI impair or exhaust any right or power COnsequent thereon. Section 30. Suits at Law or in Equity and Mandamus. In case one or more of the events of default shall happen, then, and in every such case, the Fiscal Agent may, and upon written request of the Holders of not less than twenty percent (20%) in aggreg",te principal amount of the Bonds then outstanding (exclusive of Bonds owned by the Agency or by the City) shall, proceed to protect and enforce the rights vested in Bondholders by this Resolution by appropriate judicial proceeding. The provisions of this Resolution and all resolutions or orders in the proceedings for the issuance of the Bonds shall constitute a contract with the Holders of the' Bonds, and such contract may be enforced by any Bondholder by mandamus, injunction or other applicable legal action, suit, pro- ceeding or other remedy. . Section 31. Non-waiver. No delay or omission of the Fiscal Agent or of any Holder of any of the BondS or coupons to exercise any right or power arising upon the happening of any event of default shall impair any such right or power or shall be construed to be a waiver of any such event of default or an acquiescence therein, and every power and remedy given by this Resolution to the Fiscal Agent or to the Holders of Bonds may be exercised from time to time and as otten as shall be deemed expedient by the Fiscal Agent or the Holders of Bonds. File No. 60,005-5 Z/ - 4524 Section 32. Remedies Not Exclusive. No remedy herein conferred upon or reserved to the Fiscal Agent or to the Holders of Bonds is intended to be exclusive of any other remedy. and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. 1 ....J Section 33. Liability of Agency Limited to Revenues. Notwithstanding anything in this Reser lution contained. the Agency shall not be required to advance any moneys derived from any source of income other than the Revenues for the payment of the principal of or interest on the Bonds or for the maintenance and operation of the Project Nevertheless. the Agency may, but shall not be required to, advance for any of the purposes hereof any other funds of the Agency whicb may be made available to it for such purpos~. Section 34. Successor to Agency. All of the covenants, stipulatio~, obligations anq agree- plents contained in this Resolution by or on behalf of or for the benefit of the Agency shall bind or inure to the benefit of the successor or successors of the Agency, from time to time. and to -any pfiieer, board. corporation. commission. authority, agency or instrumentality to whom or to which any power or duty affecting such covenants, stipulations, obligations and agreements shall be tnms- [erred by or in accordance with law. Section 35. Notice. Any notice, demand. direction, request or other instrument authorized or required by this Resolution to be given to or filed. with the Agency, the City or the Fiscal Agent shall be deemed to bave been sufBciently given or filed for all purposes of this Resolution if ~d when delivered to or sent by registered mail, return receipt requested. to: City - City Clerk, City Hall, City of San Bernardino, California. Agency - Secretary of the Redevelopment Agency of the City of San Bernardino, City Hall, City of San Bernardino, California.. Fiscal Agent- At its then Corporate Agency Division in Los Angeles, California, or such other address as Fiscal Agent shall designate in writing for such purpose. All documents received by the Fiscal Agent under the provisions of this Resolution shall be re- tained in its possession, subject at all reasonable times to the inspection of the Agency, any Bondholder, and the agents and representatives thereof. ., ~ .~ ...." Section 36. :Proceedings Constitute Contract. The provisions of this Resolution, of any Supple- lDental Resolution. of the resolutions providing for the sale of the Bonds and awarding the Bonds and fixing the interest rate thereon, and of any other resolution supplementing or amending this Resolution, shall constitute a contract between the Agency and the Bondholders and the provisions thereof shall be enforceable by any Bondholder for the equal benefit and protection of all Bondhold~rs similarly situated by mandamus, accounting. mandatory injunction or any other suit, action or proceeding at law or in equity that is now or may hereafter be authorized. under the laws of the State of California in lUly court of competent jurisdiction. Said contract is made under and is to be construed in accordance with the laws of the State of California. No remedy conferred hereby upon any Bondholder is intended to be exclusive of any other femedy. but each such remedy is cumulative and _in addition to every other remedy and may be ~xercised without exhausting and without regard to any other remedy conferred by the Law Dr any other law of the State of California. No waiver of any default or breach of duty or contract py any Bondholder shall affect any subsequent default or breach of duty or contract or shall impair any rights or remedies on said subsequent default or breach. No delay or omission of any Bondholder to exercise any right or power accruing upon any default sha:ll impair any such right or power or ahall be construed as a waiver of any such default or acquiescence therein. Every substantive right and --, J J fUe No. 60,005-5 .28 "..... , i . \ '-- ",....- "'"- "... '-' 4525 every remedy conferred upon the Bondholders may be enforced and exercised as often as may be deemed expedient. In case any suit, action or proceeding to enforce any right or exercise any remedy shall be brought or taken and should said suit. action or proceeding be abandoned, or be determined adversely to the Bondholders, then, and in every such case, the Agency and the Bondholders shall be restored to their former positions, rights and remedies as if such suit. action or proceeding had not been brought or taken. After the issuance and delivery of the Bonds, this Resolution, any Supplemental Resolution and any other supplementary resolutions thereto shall be irrepealable, but shall be subject to modification or amendment to the extent and in the manner provided in this Resolution, but to no greater extent and in DO other manner. CUSIP identilication numbers will be imprinted on the Bonds, but such numbers shall not constitute a part of the contract evidenced by the Bonds and no liability shall hereafter attach to the Agency or any of the officers or agents thereof because of or on account of said numbers. Any error or omission with respect to said numbers shall not constitute cause for refusal by the successful bidder to accept delivery of and pay for the Bonds. SectiOn 31. Severability. In case anyone or more of the provisions of this Resolution or of the Bonds or coupons shall for any reason be held to be UIegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution or of said Bonds or coupons, but this Resolution and said Bonds and coupons shall be constroed and enforced as if such illegal or invalid provisions bad not been contained therein. In case any covenant, stipulation, obligation or agreement contained in the Bonds or in this Resolution shall for any reason be held to be in violation of law, then such covenant, stipulation, obligation or agreement shall be deemed to be the covenant, stipulation, obliga- tion or agreement of the Agency to the full extent permitted by law. If the provisions relating to the appointment and duties of the Fiscal Agent are held to be unconstitutional, invalid or unenforceable, such duties shall be performed by the Treasurer. Section 38. Validity of Multiple Copies. This Resolution may be executed in multiple counter- parts, each of which shall be regarded for all purposes as an original; and such counterparts shall constitute but ODe and the same instrument. Section 39. Headings. Any headings preceding the texts of the several Sections hereof, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Resolution, nor shall they affect its meaning. constroc- tion or effect. Section 40. Effective Date. This Resolution shall take effect upon adoption. nd ADoPTED A.'ID APPROVED the . 22 day of . . .F eb . . . . . . .. 1977. Wallace Green Chairman of the Redevelopment Agency of the City of San Bernardino ATI'EST: R. E. Shadwell. Jr. Secretary of the Redevelopment Agency of the City of San Bernardino [SEAL] File No. 80,005-5 29 4526 STATE OF Cu.nrORNIA Cot1NTY OF SAN BERNARDINO CITY OF SAN BERNARDINO 1 ss. J SECRETARY'S CERTIFICATE RE ADOPTION OF RESOLUTION 1 I. " .R.. E, .Shadw:ell." Jr.... . Secretary of the Redevelopment Agency of the City of San -J Bernardino, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by said Agency at an Adn. .Regneeting of said Agency held on the .22ndlay of . Feb... . . . . ., 1977, and that the same was passed and adopted by the following vote, to wit: AYES: Members: Blum Obershaw Hinojosa Guhin Green NOES: Members: n/a ABSENT: Members: Stephenson and Wilson ..., i ....J R. E. Shadwell, Jr. Secretary of the Redevelopment Agency of the City of San Bernardino [SEAL] ~ ~ii j & I ....J File No. 60,005-5 30 ,..... ...... "..,- \00...... ,..... ~ 4527 STATE OF CALIFORNIA 1 Cot1NTY OF SAN BERNAIU)INO ~ ss. Crr'!' OF SAN BEBNAIU)INO J . . t ,:\.,.".,". ~t':'~.'; I, ............................. SeCi-etUy of th'e"R;development Agency of the City of San Bernardino. DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. . . . . . . . .. of said Agency and that said Resolution was adopted at the time and by the vote stated on the above cert:i.Bcate, and has not been amended or repeale~ SECRETARY'S CERTIFICATE OF AUTHENTICATION Secretary of the Redevelopment Agency of the City of San Bernardino [SEAL] File No. 60,005-.5 31 4528 Motion made to adopt Resolution No. 3345 by Blum and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Guhin and Green. Noes: None. Abstention: None. Absent: Stephenson and Wilson. After discussion the following Resolution was adopted: -, J l ......I .... ::-j ....II ~ J 4529 3350 RESOLUTION NO. .... RESOLtJTION OF THE REDEVELOPML.'IT AGENCY OF THE CITY OF S~~ BElU'1ARDINO~ r-" CALIFORNIA, PROVIDINC FOR THE SALE OF $1,950,000 PRINCIPAL A.\;fOUNT OF PARlCL.'tC FACILITIES LEASE REVENUE BONDS. 4 . '-'" WHEREAS. the Redevelopment Agency of the City of San Bernardino (nerein sometimes referred to as the -Agency") is a redeveloPment agency (a public body, corporate and politic) duly created, established and authorized to traosact business and exercise its powe~ all under and pursuant to the Community Redevelopment Law [part 1 of Division 24 (commencing with Section 330(0) of the Health and SaIety Code of the State of California} and the powers of the Agency include the power to issue bonds for any of its corporate purposes; and" WHEREAS. the A~ency has neretoIore adopted its Resolution entitled: "'Resolution of the RedevelopmentA2:ency of the City of San Bernardino. California. Authorizing the Issuance of $1.950,000 Parking Facilities Lease Revenue Bonds. Issue of 197/ (bereinafter referred to as the "'Resolution of Issuancej;and . \VHEREAS. the A~ency has heretofore adopted its Resolution entitled: "'Resolution of the Re- development Agency of the City of San Bernardino. California. Approving and Authorizing the Execution of a Parking Facilities Lease with the City of San Bernardino.; and WHEREAS. the Agency deems it necessary to "sell at this time the $1,950,000 Bonds as au"..horized by the Resolution of Issuance. ,...... NOW. TIIEREFORE. THE REDEVELOPMENT AGENCY OF THE CITY OF SA.1...... BER- NARDINO DOES HEREBY RESOL ~ DETER.\fINE A..'lD ORDER AS FOLLOWS: I.....,.. Section 1. Sale Authorized. The sale of one million nine hundred fifty thousand dollars ($1.950,000) principal amount REDEVELOPMENT AGENCY OF THE CITY OF SAJ.'l BERNAR- DINO. P.<\RKING FACll..ITIES LEASE REVENUE BONDS, ISSUE OF 1977 (herein sometimes referred to as the -:Bonds-), in accordance with law is hereby authorized. Section 2. Notice Inviting Bids. The invitation for bids for the purchase of the Bonds is hereby authorized, such invitation to be substantially in accordance with the Notice Inviting Bids attached hereto as E.-dtibit A and by this reference incorporated herein. Said Notice Inviting Bids and the Bid Form., including the memorandum of interest cost. attached hereto as Exhibit B and by this reference incorporated herein. are hereby approved. Section 3. Pub1iC3~on ~E Notice Inviting Bids. ~e Secretary of the Agency shall cause to be published in the .San Bernardino Sun.Telegram. a newspaper of general circulation published in the County of San Bernardino, California. by at least one (1) insertion at least five (5) days prior to the day fixed for the receipt of bids, the Notice Invi,ting Bids. Section 4. Tenns and Conditions of Sale. The terms and conditions of the offering and the sale of the Bonds shall be as specifled in said Notice Inviting Bids. ,- Section 5. Preparation ot Official Statement. The Agency hereby authorizes and direc'-...s the Financial Consultants and the E.~ecutiYe Director oE the Agency, in conjunction with Bond Counsel. to prepare an Official Statement to be utilized in the selling of the Bonds. " L 1 4530 . Section 6. General Authorization. The Financial Consultants and/or Bond Counsel are hereby authorized and directed to open the bids at the time and pl8..ce specified in said Notice Inviting Bids and to present the same to the Agency. The Financial Consultants and! or Bond Counsel are hereby ] authorized and directed to receive and record the receipt of all bids made pursuant to said Notice Iuviting Bids, to cause said bids to be e"""",,ed for compliance with said Notice Inviting Bids, to . ! cause computations to be made as to which bidder has bid the lowest net interest cost to the Agency and to present such bids to the Agency, as provided in said Notice Inviting Bids, along with a report as to the foregoing and any other matters deemed pertinent to the award of the Bonds and the proceedings for the issuance thereof. Section 1. Effective Date. This Resolution shall take effect upon adoption. 22nd . Feb. ADOPTED AND APPROVED this .... day of ............, U1T7. ... Wallac'e Green Chairman of the Redevelopment Agency of the City of San Bernardino ATTEST: R. E. Shadwell, Jr. Secretary of the Redevelopment Agency of the City of San Bernardino ., 41 [SEAL] ....J ..., J 2 "... Ii I L- . . fI""'" ....- ,.. ,1 I \f L.. .4531 STATE OF CALIFOlh'lIA } COUNTY OF SAN BE1L."fARDINO S$. CITY OF SA.l.'t BERNARDINO SECRETARY'S CERTIFICATE RE ADOPTION OF RESOLUTION T'R.E. ShadwelL Jr.. S . etary ith R d I tA fth City is B ardin ~ . . . .. .. . . . . . . '" . " . .., ecr 0 e e eve opmen gency 0 e 0 an ern o~ DO HEREBY CERTIFY that the for~Oing Resolution was duly adopted by said Agency at a . . . . . . . . meeting of said Agency held on the ? ~C\hy of ~ E71:>!~~~Y. . ~ 1971, and that the same was passed and adopted by the following vote, to wit: AYES: NOES; ABSENT: ., (SEAL} STATE OF CALlFOlh'lIA '. }. .. COUNTY OF SAN BEfu'lARDINO .- CITY OF SAN BEENARDINO Members: Blum, Obershaw, Hinojosa, Guhin and Green Membe:s: None Members: Stephenson and Wilson R. E. Shadwell, Jr. Sec:retary of the Redevelopment Agency of the City of San Bernardino SECRETARTS CERTIFICATE OF AUTIm.'ITICATION I, R~E'" .ShadweU.,:Jr.... Secretary of the !tedevelopment Agency of the City of San Bernardino, DO HEREBY CERTIFY that the above and foregoing is a fuR true and correct copy of Resolution No. 3346. .. of said Agency and that said Resolution was adopted at: the time and by the vote stated On the above: certiHcate and has not been amended or repealed. [SEAL} R. E. Shadwell, Jr. Seo:etary of the Redevelopment: Agency of the City of San Bernardino 3 4532 Motion made to adopt Resolution No. 3346 by Guhin and seconded by Hinojosa. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Guhin and ~ Green. Noes: None. Abstention: None. Absent: Stephenson and Wilson. Motion to adjourn made by Obershaw and seconded by Guhin. Motion carried by the ......., following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Guhin and Green. Noes: None. Abstention: None. Absent: Stephenson and Wilson. , . E. Shadwell, Jr. Executive Director -- ...., ~ I i 'i ! -J 4533 [ MINUTES OF THE ADJOURNED REGULAR MEETING OF THE REDEVELOP- MENT AGENCY OF THE CITY OF SAN BERNARDINO HELD MARCH 10, 1977, 300 NORTH "D" STREET, SAN BERNARDINO, CA., AT 3: 00 P.M. Chairman Green called the meeting to order at 3: 05 p.m. Roll Call showed the following: Agency Members Present: Blum, Obershaw, Hinojosa, Wilson, Stephenson and Green. Agency Members Absent: Guhin Also Present: Ralph Shadwell, Jr. , Executive Director, Wm. A. Flory, Agency Counsel and Barbara Brown, Executive Secretary. APPROVAL OF THE MINUTES: The Minutes Of February 17,1977 were submitted for approval. Mrs. Blum requested that page 3 of the Minutes be changed to reflect that she had inquired of Dr. Trinity if he would be running a "Dr. Campbell Ad- vertisement" type of dental building. So noted. Motion made by Obershaw and seconded by Stephenson to approve the Minutes, as amended, by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson and Green. Noes: None. Abstention: None. Absent: Guhin. The Minutes of February 22, 1977 were submitted for approval. Motion made to approve the Minutes by Obershaw and seconded by Blum. Motion carried by the following vote to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson and Green. Noes: ,..... None. Abstention: None. Absent: Guhin. \".." Mr. Green then requested persons in the audience to stand and identify themselves which they did. PUBLIC HEARING-CENTRAL CITY PROJECT-TRINITY Mr. Green opened the Public Hearing at 3: 09 p . m. for the sale of land to Dr. James R. Trinity for development of a dental facility to be located within the Central City Redevelopment Project Area. Mr. Green inquired if anyone was opposed to the facility. No response. Mr. Green then inquired if anyone was in favor of the facili- ty. Again, no response. Mr. Green then closed the Public Hearing at 3: 12 p.m. Mr. Green inquired if Dr. Trinity had any comments he would like to make. Dr. Trinity stated that other than disclosing what the rendering showed, there would be a second phase adding a floor to the building at a later date which will encompass the same amount of floor space as the first floor. [ Mr. Wilson inquired as to the required parking. Mr. Gordon Leenarts, coordinator for Dr. Trinity addressed the Board and advised them that he has been working closely with the Planning Department and no parking problem is forseeable. Mr. Obershaw inquired how many parking spaces would be provided. Mr. Leenarts replied that there would be one for handicapped and 14 additional spaces. Mr. Wilson then inquired if the parking would be doubled when the second floor is added on. Mr. Leenarts replied that there would be less chairs for the dentists to work out of, thus less patient parking. Also, they will provide a shuttle type of transportation for their 4534 employees which will also lighten their parking facility space load. Mr. Obershaw stated his concern regarding available parking. Mr 0 Green then stated that Dr. Trinity is working closely with the Planning Department and he assumes that there will be ~ available parking. Mr 0 Obershaw inquired if there would be a Finder's Fee paid on this development and is informed that there will be. The broker involved in the development is Bob Yandell Realty. Mr. Obershaw then inquired of Dr. Trinity ....", if he did any advertisement and Dr. Trinity assured Mr. Obershaw that there will be no duplication of the JlDr. CampbellJl type of advertisement 0 Mrs 0 Blum inquired whether Dr. Trinity belonged to the Dental Association and Dr 0 Trinity informed her that he did. Mr. Wilson asked what type of operation he would have and was informed all the conventional type of dentistry plus cosmetic and orthadonture work. At that point Mr. Obershaw stated his displeasure over the fact that the Board was not previously advised that a Finder's Fee would be paid for the development. Mr. Guhin arrives at 3: 30 p om. Mr. Wilson, addressing Mr. Obershaw, stated that the property would at least be back on the tax rolls 0 Mrs. Blum inquired how much money would be involved regarding the tax rolls and Mr. Shadwell informed her, approximately $15,000 on the first phase per year. This is a one half million dollar development 0 Motion then made to adopt the following resolution: RESOLUTION NO. 3351 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SALE OF A PORTION OF REUSE PARCEL IB, CENTRAL CITY PROJECT TO JAMES R 0 TRINITY ., I .....J WHEREAS, the Redevelopment Agency of the City of San Bernardino, Cali- fornia, by the adoption of Resolution No 0 3347, 2-17-77, received an Offer to Purchase a portion of Reuse ParcellB, Central City Project Area, from James R 0 Trinity; and scheduled a Public Hearing regarding said sale; and WHEREAS, public disclosure of the Agency1s intention to sell this property was made in accordance with Section 33431 of the California Health and Safety Code, and was published in the Sun Telegram on February 22, 1977 and March I, 1977; and WHEREAS, a Public Hearing regarding this proposed sale was held on March 10, 1977, in accordance with said Section 33431 of the California Health and Safety Code; and WHEREAS, the offering price of $24,640 appears to be an equitable purchase price for said parcel of land. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to enter into a Disposition Agree- ment for the sale of a portion of Reuse ParcellB to James R. Trinity for the pur- chase price of $24,640. ~ .-i r I ! '-- "...... '-- ,...... '-' 4535 BE IT FURTHER RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby find and determine that the proposed develop- ment wiH not constitute an action significantly affecting the quality of the human environment, and further directing the Secretary to file a Negative Declaration for said development. Motion made to adopt Resolution No. 3351 by Wilson and seconded by Hinojosa. Motion carried by the foHowing vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stpehenson and Green. Noes: None. Abstention: Guhin. Absent: None. CONTRACT AWARD TO RIVERSIDE CONSTRUCTION-GRADING-BOBBY McGEE'S-SEIP Mr. Green explained that this contract was for off-site improvements for Bobby McGee's Conglomeration Restaurant. Mr. Wilson inquired what the tax increment would be and was informed $25,000 for Bobby McGee's and $12,500 for the California Teacher's Association. The board was informed that the low bid was submitted by Riverside Construction Cb. in the amount of $152,541.H, but of that amount $31,652.00 will be repaid to the Agency for the cost of on -site grading, thus the net cost to the Agency will be $120,880 .H. Mr. Shadwell referred to a map indicating that five parcels will be provided off-site improvements as a result of this one Owner Participation Agree- ment and that Parcel No. 3 represents Bobby MCGee's. Parcel No. 2 represents the location of an office building that will house the C. T.A. and other organizations. Par- cel Nos. 1, 4 and 5 are already being considered by other tenants. Motion made to adopt the following resolution: RESOLUTION NO. 3352 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO A CONTRACT WITH RIVERSIDE CONSTRUCTION COMPANY FOR OFF-SITE IMPROVEMENTS, SOUTH- EAST INDUSTRIAL PARK, AS THEY RELATE TO BOBBY McGEE'S. WHEREAS, the Redevelopment Agency entered into an Owner Participation Agreement with Southern California Commercenter, Ltd, September 23, 1976, for the development of Bobby McGees restaurant within the Southeast Industrial Park Redevelopment Project Area; and WHEREAS, the Owner Participation Agreement provides that the Redevelopment Agency shall provide off-site improvements for the development; and WHEREAS, in order to expedite this project, the Agency desires to award a con- tract for both on and off site improvements, with the cost of the on site grading to be reimbursed to the Agency by Southern California Commercenter, developer for Bobby McGees; and WHEREAS, the Redevelopment Agency advertised for bids for said site improvements in the Sun Telegram on February 12 and 17, 1977; and 4536 WHEREAS, bids were received for said service, the lowest being received from Riverside Construction Company in the amount of $152,541.11; on site grading amounting to $31,652.00 and off site improvements amounting to $120,889.11. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to enter into a contract with Riverside Construction Company for the on and off- site improvements for Bobby McGee's in the Southeast Industrial Park, in an amount not to exceed $152,541.11, with the express understanding that $31,652.00 shall be reimbursed to the Agency by Southern California Commercenter for the on -site grading. BE IT FURTHER RESOLVED that the Agency shall obtain a letter agreement from Southern California Commercenter and/or their financing institution, committing said Commercenter for the $31,652.00 reimbursement. Motion made to adopt Resolution No. 3352 with the stipulation that $31,652.00 be repaid to the Agency by the developer by Wilson and seconded by Blum. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. OFF-SITE IMPROVEMENTS-SEIP- CITY OF SAN BERNARDINO WATER DEPARTMENT Mr. Shadwell explained that this construction contract will bring water to the property line and will serve all 5 parcels in the tract. Mr. Wilson inquired why this contract had not gone to bid. He feels that by the Agency simply awarding the contract to the city, we are, in fact, depriving contractors of their right to bid. Mr. Green stated that he appreciated Mr. Wilson's comments and/or feelings on this subject and referred to Mr. Jones, Director of Operations for the Agency. Mr. Jones stated that he had been informed that the reason the contract was let to the City Water Department is because it is operated and controlled by the Public Utilities Commission, thus all installation of water lines is under their control. Mr. Wilson stated that he feels the city should look into the matter and he is very unhappy about the situation. After further discussion the following resolution was adopted: RESOLUTION NO. 3353 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SEC- RET AR Y TO ENTER INTO CONTRACT WITH THE CITY OF SAN BERNARDINO WATER DEPARTMENT TO PROVIDE OFF-SITE IMPROVEMENTS, SOUTHEAST INDUSTRIAL PARK REDEVELOP- MENT AREA. WHEREAS, it has become necessary to provide water transmission service to support the improvements authorized by the Bobby McGee's Owner Participation Agreement; and WHEREAS, this service will also provide water transmission to the other four parcels in Tract No. 9418, Southern California Commercenter; and ., ~ ..... ., .... ~ .....J r ~ e l' ~ r-- ....... ,.... ... 4537 WHEREAS, the City of San Bernardino has agreed to provide this service for an amount not to exceed $5,345.00. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino that the Chairman and Secretary be hereby authorized to enter into Con- tract with the San Bernardino City Water Department for an amount not to exceed $5,345.00. Motion made to adopt Resolution No. 3353 by Stephenson and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Stephenson, Guhin and Green. Noes: Wilson. Abstention: None. Absent: None. ENGINEERING CONTRACT-STATE COLLEGE PROJECT Mr. Shadwell stated that it was necessary to engage professional engineering services for the Mini -Warehouse development in the State College Area for off-site improvements. Mr. Wilson inquired as to the cost of the off-site improvements and was informed ap- proximately $52,000. He then asked what percentage the contract was, relative to the total off-site improvements and was advised that was about 6%. Motion made to adopt the following resolution: RESOLUTION NO. 3354 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CA., AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO ENGINEERING CONTRACT WITH JOSEPH E. BONADIMAN & ASSOCIATES, INC., FOR OFF-SITE IMPROVEMENTS IN THE AMOUNT OF $2,950.00, STATE COLLEGE REDEVELOPMENT PROJECT AREA. WHEREAS, it has become evident that engineering services are warranted within the State College Redevelopment Project Area in order to promote future develop- ment; and WHEREAS, invitations for proposals were submitted to numerous engineering firms within the area for proposals for engineering services; and WHEREAS, the firm of Joseph E. Bonadiman & Associates, Inc., submitted the low proposal for professional engineering services; and WHEREAS, the Redevelopment Agency has determined that said proposal is to the best advantage of the Agency and the City of San Bernardino. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino that the Chairman and Secretary are hereby authorized to enter into con- tract with Joseph E. Bonadiman & Associates, Inc. , for Professional Engineering Services for Off-Site Improvements within the State College Project Redevelopment Area in the amount of $2,950.00. 4538 Motion made to adopt Resolution No. 3354 by Wilson and seconded by Guhin. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. ., t ~; TAX INCREMENT ....., Mr. Green requested that this item be placed on the April 7th Agenda, per Mr. Flory. The Board agreed to the request. Motion made to continue Tax Increment Resolution until April 7, 1977 by Obershaw and seconded by Blum. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. APPROVAL OF USE OF AGENCY LAND BY CITY FOR TEMPORARY PARKING No discussion on this item, excepting for Mr. Wilson I s inquiry as to the necessary liabili- ty insurance, etc. He was assured by legal counsel that this would by taken care of. City will provide a Hold Harmless Agreement. Motion made to approve use of Agency land by the City of San Bernardino for the purpose of temporary parking, during construction of parking facility improvements by Wilson and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Blum. Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Mr. Shadwell explained to the board that we will need a meeting set for April 7, 1977 for the purpose of awarding the Parking District Bonds. Board Members concurred. ~ Mr. Wilson inquired as to the status of the hotel development and was informed by Mr. Green that a meeting was held, however, details of the meeting cannot be made pub- lic as yet. Mr. Green further stated that he feels he will be in a position to make a positive statement very soon and that the hotel development looks to be in an ex- tremely favorable position. i ...J bl ., I -J r ..... ~ II- "... l~ ~ ~ f ... 4539 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO J CALIFORNIA HELD MARCH 17 J 1977 J 300 North "D" STREET J AT 3: 00 p.m. Agency Members Present: Obershaw J Hinojosa J Wilson J Stephenson J Guhin and Green. Agency Members Absent: Blum. Also Present: Ralph E Shadwell J Jr. J Executive Director J Wm. A. Flory J Agency Counsel and Barbara Brown J Executive Secretary. Mr. Green opened the meeting at 3: 06 p . m . The Expenditures for the month of February J 1977 were submitted for approval. Mr. Obershaw questioned the position of Equal Opportunity Officer and was informed that this position was authorized by the Board and that the employee would be hand- ling all Equal Opportunity duties which will be greatly increased due to the large numbers of contractors that the Agency will be working with due to the new developments lo- cated within Agency Project Areas. The employee will also work directly under Mr. Jones J Director of Operatons J performing other duties J as required. Motion made by Stephenson and seconded by Guhin to authorize the February J 1977 expenditures. Motion carried by the following vote J to wi t: Ayes: Obershaw J Hinojosa J Wilson J Stephenson J Guhin and Green. Mrs. Blum entered the meeting at 3: 13 p . m. Noes: None. Abstention: Blum. Absent: None. AWARDING OF CONTRACT FOR FINAL GRADING-LIFETIME FOAM PRODUCTS-JESSE HUBBS & SONS-SEIP . Mr. Green explained to the Board that this is the final grading for the development. Mr. Obershaw inquired how many bids were received and was informed that two bids were received. One from A. J. Construction Co. in the amount of $63 J 250 and the other from Jesse Hubbs & Sons in the amount of $43 J 150. Mr. Obershaw then inquired why the disparity in the amounts of the bids. Mr. Jones informed him that Hubbs & Sons had stated to him that they had "left" $8 J 000 on the table and that they were not sure at first if they would be able to stand up to their bid J however J Mr. Jones stated that the contractor later notified him that they would go ahead with their bid of $43,150. Mrs. Blum stated that she hoped that this would not mean they would be corning in for Change Orders. Mrs. Blum was informed that there is no way the Agency can forsee or forstall Change Orders. After discussion J the following Resolution was adopted: RESOLUTION NO. 3355 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH JESSE HUBBS & SONS IN THE AMOUNT OF $43 J 150 FOR FINAL GRADING OF LIFETIME FOAM PRODUCTS SITE J SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA. WHEREAS J it is now necessary to enter into the final grading period for Lifetime Foam Products Site in the Southeast Industrial Park Project Area; and 4540 WHEREAS, in accordance with the Disposition Agreement between the Agency and Huntley Properties, the Agency is obliged to grade the site; and WHEREAS, the Redevelopment Agency advertised for bids in the local newspaper, the Sun Telegram for the required time; and WHEREAS, bids were received for said work, the lowest being from Jesse Hubbs & Sons in the amount of $43,150; and WHEREAS, it is deemed in the best interest of the Agency to accept said bid. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino that the Chairman and Secretary be hereby authorized to enter into Contract with Jesse Hubbs & Sons for final grading for Lifetime Foam Products in an amount not to exceed $43,150. Motion made by Obershaw and seconded by Guhin to adopt Resolution No. 3355. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. At this time Mr. Green acknowledged the presence of Mrs. Schuiling in the audience and publicly thanked her for her excellent moderating job for the meeting between City, Agency and League of Women Voters. He also congratulated Mr. Wm. R. Leonard and Board Member Obershaw for their participation. OFF-SITE ENGINEERING CONTRACT-KRUEPER ENGINEERING-SEIP Mr. Green explained to the Board that the Agency had agreed to do certain off-site improvements and this included the engineering services. The Agency solicited 5 proposals and Krueper Engineering's proposal in the amount of $3,950 was the lowest proposal received. The following Resolution was then adopted: RESOLUTION NO. 3356 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO ENGINEERING CONTRACT WITH KRUEPER ENGINEERING FOR OFF-SITE IMPROVEMENTS IN THE AMOUNT OF $3,950, SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA. WHEREAS, it has become necessary to provide professional engineering services for off-site improvements with relation to Paul Reed Buick/Opel; and WHEREAS, five engineering firms submitted proposals for said services; and WHEREAS, Krueper Engineering submitted the lowest qualified proposal in the amount of $3,950; and ., J l' ..... ,., ....i 1 i .....J r .... ,...... ...... "... '- 4541 WHEREAS, it is deemed in the best interest of the Agency to accept the proposal of Krueper Engineering. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino that the Chairman and Secretary be authorized to enter into Con- tract with Krueper Engineering for a contract not to exceed the amount of $3,950 of Professional Engineering Services, Southeast Industrial Park. Motion made to adopt Resolution No. 3356 by Blum and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. OFFICIAL STATEMENT-PARKING FACILITY LEASE REVENUE BONDS Mr. Green stated that the Agency, on behalf of the City and the Parking District has been designated to act as their Agent regarding the sale of the Parking District Bonds. The Agency will issue the bonds only. That will be our total responsibility. The Agency's Bonding Counsel feels that the Agency would be able to get a better rate than the Parking District, should they go out for the bid themselves. The sale of the $1,950,000 bonds has now been set for March 31, 1977. Mr. Wilson stated that he feels the Official Statement is in good order and feels this is a step forward and moved to adopt the Resolution approving the Official Statement. The following Resol- ution was then adopted: RESOLUTION NO. 3357 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE OFFICIAL STATEMENT AND DIRECTING DISTRIBUTION THEREOF AND FIXING THE DATE FOR THE SALE OF $1,950,000 PRINCIPAL AMOUNT OF P ARKING FACILITIES LEASE REVENUE BONDS. WHEREAS, the Redevelopment Agency of the City of San Bernardino (herein sometimes referred to as the II Agencyll) is a redevelopment agency (a public body, corporate and politic) duly created, established and authorized to transact business and exer- cise its powers, all under and pursuant to the Community Redevelopment Law (Part 2 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California) and the powers of the Agency include the power to issue bonds for any of its corporate purposes; and WHEREAS, the Agency has heretofore adopted its Resolution entitled: IIResolution of the Redevelopment Agency of the City of San Bernardino, California, Authorizing the Issuance of $1,950,000 Parking Facilities Lease Revenue Bonds, Issue of 197711; and WHEREAS, the Agency has heretofore adopted its Resolution entitled: IIResolution of the Redevelopment Agency of the City of San Bernardino, California, Approving and Authorizing the Execution of a Parking Facilities Lease with the City of San Bernardinoll; and 4542 WHEREAS, the Agency has heretofore adopted its Resolution entitled: "Resolution of the Redevelopment Agency of the City of San Bernardino, California, providing for the Sale of $1,950,000 Principal Amount of Parking Facilities Lease Revenue Bonds". .., i -'" NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES HEREB Y RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The staff of the Agency, in conjunction with the Financial Consultant and Bond Counsel, is hereby authorized and directed to accept bids for the sale of the Redevelopment Agency of the City of San Bernardino, Parking Facilities Lease Revenue Bonds, Issue of 1977 (the "Bonds"), on March 31,1977. Section 2: The Agency hereby approves, to be furnished to prospective bidders for the Bonds and to the successful bidder, an Official Statement, substantially in the form attached hereto as Exhibit A and by this reference incorporated herein, including any amendments or changes made by the Executive Director of the Agency and the Financial Consultant, with the approval of Bond Counsel. Section 3: The Secretary of the Agency and the Financial Consultant are hereby author- ized and directed to cause to be furnished to prospective bidders a reasonable number of copies of the Notice Inviting Bids and Bid Form, attached hereto as Exhibit Band by this reference incorporated herein, which Notice Inviting Bids and Bid Form are in substantially the same form, except for date of sale, as those previously approved by the Agency. -, ~ .~ The aforementioned Exhibits "A" and "B" are on file in the Agency Office. .....J Section 4: This Resolution shall take effect upon adoption. ADOPTED AND APPROVED THIS 17th day of March, 1977. Chairman of the Redevelopment Agency Attest: Secretary of the Redevelopment Agency STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ) ) ) ss: Secretary1s Certificate Re Adoption of Resolution I, Ralph E. Shadwell, Jr., Secretary of the Redevelopment Agency of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by said Agency at a regular meeting of said Agency held on the 17th day of March, 1977, and that the same was passed and adopted by the following vote, to wit: " j l 1 .....J r- t! V f ..... ,,-. """'" [ 4543 AYES: Members: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. NOES: None ABSENT: None Secretary of the Redevelopment Agency (SEAL) STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ) ) ) ss: Secretary's Certificate of Authentication I. Ralph E. Shadwell, Jr. , Secretary of the Redevelopment Agency of the City of San Bernardino, DO HEREBY CERTIFY that the above and foregoing is a full, true and cor- rect copy of Resolution No. 3357 of said Agency and that said Resolution was adopted at the time and by the vote stated on the above certificate and has not been amended or repealed. Secretary of the Redevelopment Agency (SEAL) Motion made by Wilson and seconded by Stephenson adopting Resolution No. 3357. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. Joe Baker then inquired why the bond bid date had been changed and Mr. Shadwell informed him it was on the advice of both our bond and financial counsels. They re- quested the change in date because we would be competing against a 15 Million Dollar Issue in another city and they felt we would get a better rate on another date. OTHER BUSINESS: Mr. Shadwell distributed an article from the Riverside Daily Press Enterprise news- paper stating that the firm of Winnebago was going to locate in the City of Riverside. The article disclosed what terms Riverside had used to induce the relocation to their city. Mr. Green then stressed to the board, the press and persons in the audience just how difficult it is to bring in new industry to the area and just how much a city must" give" in order for the new industry to decide to locate in your city. The com- petition is very grave and he feels that the Winnebago relocation to Riverside should make clear to all persons that in order for industry to come to San Bernardino, we, the Redevelopment Agency and the City will have to, in fact, "buy" the business. Mrs. Blum inquired why we lost out to Riverside and Mr. Green informed her that 4544 obviously Riverside gave them better terms. Mr. Wilson inquired as to the status of the hotel. Mr. Green stated that the Agency should have a document to present to the board at the March 31st meeting. Mr. Green questioned as to whether anyone in the audience wished to speak. Mr. Leonard spoke briefly regarding the Parking District. Motion made to adjourn till the regular adjourned meeting of March 31, 1977 by Wilson and seconded by Stephenson. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Abse None. R. E. Shadwell, Jr. Executive Director , , 1 11 ...., ,.., ....., .., I J. r ...., ",...... -- [ 4545 MINUTES OF THE ADJOURNED REGULAR MEETING OF MARCH 31, 1977, OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, 300 NORTH "D" STREET, SAN BERNARDINO, CA., AT 3: 00 P.M. Agency Members Present: Blum, Hinojosa, Stephenson, Guhin and Green. Agency Members Absent: Obershaw and Wilson. Also Present: Ralph E. Shadwell, Jr. , Executive Director, Wm. A. Flory, Agency Counsel and Barbara Brown, Executive Secretary. Mr. Green opened the meeting at 3: 00 p.m. The Minutes of March 10, 1977 were submitted for approval. Motion made to approve the Minutes by Blum and seconded by Stephenson. At that time, Mr. Green stated that he had found an error in the Minutes and asked that the Minutes for the Meeting of March 10, 1977 and March 17, 1977 be continued until April 7, 1977 in order for Mrs. Brown to make the necessary correction. Mrs. Blum then withdrew her motion for approval and Mr. Stephenson withdrew his second. Motion made by Blum and seconded by Stephenson to continue both sets of Minutes until April 7, 1977. Motion carried by the following vote, to wit: Ayes: Blum, Hinojosa, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: Obershaw and Wilson. AWARD OF PARKING FACILITIES LEASE REVENUE BONDS. Mr. Green stated that the Agency received eight bids on the bonds and that Bank of America National Trust and Savings Association & Associates, with an effective yield of 6.0823% submitted the best bid. Mr. Shadwell stated that this was an excellent bid. The following Resolution was then adopted: RESOLUTION NO. 3358 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AWARDING BONDS OF SAID AGENCY. WHEREAS, the Notice Inviting Bids on the $1,950,000 Bonds of the Redevelopment Agency of the City of San Bernardino (Agency) designated "Redevelopment Agency of the City of San Bernardino, Parking Facilities Lease Revenue Bonds, Issue of 1977" (Bonds), was given as required by law; and WHEREAS, pursuant thereto, bids have been received, opened, read and examined; and WHEREAS, two of the bids were conditional and therefore nonconforming and accordingly could not be accepted, but six bids were unconditional and did conform and can be con- sidered, and the bid hereinafter described is the best bid; and WHEREAS, all steps required by law to be taken precedent to the authorization, issuance and sale of the bonds have been duly and regularly taken as provided by law and the Agency is fully advised in the premises. 4546 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE REDEVELOP- MENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1. That the bid of Bank of America National Trust and Savings Association & AS] ciates for said $1,950,000 of bonds, attached hereto and made a part hereof, is the best. ! bid for the bonds. Said bid is hereby accepted in accordance with the terms thereof, ... and in accordance with and subject to Resolution No. 3349 of the Agency adopted on Feb- ruary 22, 1977. Section 2. That all bids .other than the one accepted in Section 1 hereof are rejected and the Secretary of the Agency is directed to return checks accompanying said rej ected bids to the respective bidders. Section 3. That the interest rates on the $1,950,000 bonds are hereby fixed as set forth in the bid accepted pursuant to Section 1 hereof. Section 4. That the Secretary and Chairman of the Agency are hereby authorized and directed to take all steps necessary to deliver the bonds to the successful bidder upon payment of $1,891,500 therefor, plus accrued interest to date of delivery. Section 5. That all actions and proceedings heretofore taken in the authorization, issu- ance and sale of the bonds are hereby confirmed. Section 6. That this Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED this 31st day of March, 1977. -, , j -J Chairman, Redevelopment Agency STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ss: SECRETARY'S CERTIFICATE RE ADOPTION OF RESOLUTION I, R. E. Shadwell, Jr. , Secretary of the Redevelopment Agency of the City of San Bern- ardino DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by said Agency at an adjourned regular meeting of said Agency held March 31, 1977 and that the same was passed and adopted by the following vote, to wit: AYES: MEMBERS: Blum, Hinojosa, Stephenson, Guhin and Green NOES: MEMBERS: None ABSENT: MEMBERS: Obershaw and Wilson .., J Secretary of the Redevelopment Agency [ r , I ~ ~ ,.... t L 4547 (SEAL) STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ss: SECRETARY'S CERTIFICATE OF AUTHENTICA TION I, R. E. Shadwell, Jr., Secretary of the Redevelopment Agency of the City of San Bernardino, California DO HEREBY CERTIFY that the above and foregoing is a full and true and correct copy of Resolution No. 3358 of said Agency and that said Resolution was adopted at the time and by the vote stated on the above certificate and has not been amended or repealed. Secretary of the Redevelopment Agency (SEAL) Motion made to adopt Resolution No. 3358 by Guhin and seconded by Blum. Motion car- ried by the following vote, to wit: Ayes: Blum, Hinojosa, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: Obershaw and Wilson. ~ ......., -.. ......, ,.... ....."J n T r ! "- 'j ,,- ......... ,..... f ~ 4548 BID FOR THE PURCHASE OF REDEVELOPJ\-IENT AGENCY OF THE CITY OF SA1~ BE1L.'lARDINO PARKING FACILITIES LEASE REVENUE BONDS ISSUE OF 1977 ~ March 31. 1977 Redevelopment Agency of the City of San Bernardino City of San Bernardino. California 'In behalf of' a. group \';'hich.' we have fo~ed.consisting' of BANK OF AMERICA N. T. & S.A. .................. ........ ......... ............................................................... ..... .........0....... ............... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .- .. .. .. .. .. .. .. .- .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .' .. .. .' .. .. .. .. .. ._ .. .0 .. ... .. .. .. .... .. .. .' .. ._ .. .. .' ._ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ._ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .' .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .- .. .. .. .. .. .. .. .. .. .' .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .- .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . .. . .. .. . .. . . . . . . .. . . .. . . .. . . .. . .. . .. . . . . . . .. .. . .. .. . . . ... and Associates .... ........... ................. ................ .................... ........... ................... . . . . . . . . . .. . . . . . . . . .. . . . . .. .. .. . .. . . .. .. . . . . . . . .. . .. . .. .. . .. .. . .. .. . .. .. . . . . .. . .. . . .. .. . .. . . . .. . .. .. . .. . .. .. . .. . . . .. .. .. .. .. .. .. .. . . .. .. . .. . . .. .. . . .. . .. .. .. .. . . .. .. .. .. .. .. .. . . . . .. . .. . . . .. .. .. . .. .. .. .. .. . .. .. .. .. .. .. . . .. .. .. . .. . .. .. . .. .. .. .. .. .. .. . .. . . . .. . .. .. .. .. . . .. .. . .. .. .. .. .. . . and pursuant to the Notice Inviting Bids hereinafter mentioned, we offer to purchase $1,950,000 principal amount, all or none. of the Bonds designated as "Redevelopment Agency of the City of San Bernardino, Parking Facilities Lease Revenue Bonds, Issue of 1977," more particularly described in said Notice. bearing interest at the following rates per annum: , \ Interest Interest Maturity Principal Rate Maturity Principal Rate Date Amount Bid Date Amount Bid 1983 $ 50,000 /~ % 1989 $ 70,000 ~7o % .............. . -I'. ................ .. 1984 ............... .. 50,000 4:1 % 1990 ................ .. 75,000 /..1 ~ % 1985 . .. . . . .. . .. .. .. . 55,000 ~J:J % 1991 . .. .. .. . . . . . .. .. 80,000 ~9a % 1988 ............. . 60.000 ~T-'.;) % 1992 . . .. .. . . . .. . .. . 90,000 6 ~.,." % 1987 ............ . 65.000 ....-;'" .t:$ % 2002 ................ . 1.290.000 ".::TO % 1988 ................ .. 65,000 /to % and to pay therefor the aggregate sum. of $, , , , , , . . · pl~ interest accrued on such Bonds to the date of delivery thereof. 1.r? I, ..r::. · Dc> This bid is made subject to all the terms and conditions of the Notice Inviting Bids heretofore published, all of which terms and conditions are made a part hereof as fully as though set forth in full in this bid. · $1.950,000, plus premium or less discount. 1 .... ... . 4549 .' As speci6ed in the Notice Inviting Bids, this bid is subject to acceptance not later than twenty-six (26) hours after the expiration of the time for the receipt of bids, and the unquali6.ed opinion of the ] Bond Counsel finn of James \ValTen Beebe, A Law Corporation, Los Angeles, California, approving the validity of the Bonds, will be furnished us (if we are the succe3sful bidder) at the time of delivery .1 of the Bonds at the expense of the Agency. There is enclosed herewith a .. Cashier.' s check in the anlount of twenty thousand dollars ($20,000), payable to the order of the Agency. There is submitted herewith a memorandum (which shall not constitute a part of this bid) stating the total net interest cost in dollars on the Bonds during the life of the issue under this bid, and the . . ~verage net intl?rest rat~ de~e~ine~ ther~by~.;. . Respectfully submitted, Name ~A.~. 9.~ .~~.~W~..~ ~ 'J:... .~.f?.A,:...... Account Manager By ./Z.d-:. .~. . . . ~~~. t .~~. <:. ~ B~~'Of America Tower Addr~s ~~?~q~~~.~~9~~~.S~~~~~~.S~.~Q Floor City .. . .~~~ . ~:~~~ .l.e.~ . . . . . . . . . . . . . . . . . . . . . . . State Ca lifornta ,., . .. . .. .. . . . . . . . . . . .. . . . . .. . . .. . . . .. . . .. . . .. . .. .. . .. . ...." Mfu\10R&'\lDUj\.! OF INTEREST COST The total net interest cost on the Bonds during the life of the issue under the above bid is $~. j.I, . J' ~an9 the average net interest rate determined thereby is . .. . %. _6~, v........:>o {. d;z..,j .. I rt" -c~ d" .. h' .,. c) use cecu.ue or cas ler s . SCHEDULE OF BOND YEARS Year of Principal Bond Cumulative Maturing Maturity Years October 1 Years Bond Years 1983 ............. 6* $ 50,000 325 325 1984 ............. 7* 50,000 375 700 1985 ............. 8l1a 55,000 407.5 1,167.5 1986 .. . .. .. .. . .. . 91,2 60,000 570 . 1,737 .5 1987 ... ........ . 10lla 65,000 682.5 2,420 1988 ... .. . .. . .. .. 11* 65,000 747.5 3,167.5 1989 .. .. .. .. . .. .. 121/lt 70,000 875 4,042.5 1990 ............. 131,2 75,000 1,012.5 5,055 ..., 1991 ............. 141,2 80,000 1,160 6,215 I 1992............ . 151,2 90,000 1,395 7,610 2002............. 251,2 1,290,000 32,895 40,505 ...J 9 ~ );; . ' . . ,J? -.- 1.11 ,.... ..:. '~,: ~~~:::'~ .~ u.s >;:-- ~:: rm ': ~Ln ;; ~~ ~ 11" ~ :.~ ..~:...~ ~n.l (Jl ~3 - ~ ~ a ~o l===I ;, Cl ~ ~~ ~ *~ e ~ u.s ~. lj u.s ~ 0 t:.O ~ OJ l~ - ~i OJ f!!"'- LI'1 - o t~ ~ .. I :~~ ~ i 'j ~.. l1' ~'l. l~~~ .~.. "",-.- ....... ~_~"=--Jt ~ o~ .~~ ~~ ,...: 0:;'. "l ~ t=' ~ L;j .. __ I:"' , .:.....;.:.;. ..~~;.... \~j ~ . l~~:"'! ~ ! ::~:- l~"":''': ~ ,;:-~ .,.J .c; ~ :....~ ~ ,__ n :~ I-( :._~ '0 :f"'\"1 ~~ ~ ~._. ~ ~~ == .~ t:%J f\O P o C) l""" ,..,1 ~;i., i::1" i "~..r.< l.,rj'" C) t: g I:" > lI:I (Jl .. ~ ~ -) ..~~t I ~ -n ~ ~ -,.... ~ en';-z: n 7 -1 J 9..~ ~. :~ g.m:.n...." !: :;c ~ ;\ 19; ; z en -; 0 C/l Z > o Jo:cj en ~ t: ~ :OJ i I, I I I '. , " 2 II :' I~ *' w' I N' .&:-- I ....., ....., w w o o W N ~ (J1 00 'j;i I: 0& aI - ! ~ ;...---- :. ~ ".0 o - l'Tl;: enc.. ~ I"tl =' 0 . b:l P"t. ' (I) 'ed' , f"t 0' ..'=' ::I' ~. ~. 2.01 ....0 =' H\ o . l'T :::r (l) ::a (I). 'c... (l) <: (l) .... o "0 S CD =' l'T > Otl (l) ::I o '< o H\ l'T ::r (l) n .... .~ -' .. . . ..... . . :~.:';. ..... -- t:"' '0\ 'I:"' " g .... > ~ en ~ , I-:'" ~ ~ (l) ~~s;'o='~ Otl:~H\td~ (l)rTnH\CD.... .1-' 0.... P"t 0 CDenP"tO::l"O CD ...."d (l) Q) a .. x 0, CD P"t (l) l'T P"t c.. ::I n::rll)O....l'T ~ l'T H\ =' .... en 1-'_ C-t 0 > ~~g~ ~ P"t (I) (I) =' =' CD 01 0 .... :" '< lD ~ 0 en P1 H\ c:: P1 .... (l) ~ = .... td co CD \0 ~ .~(l) ... "" . ~ . 4550.----- M" ::r (I) n .... l'T '< ,0 H\ "'. +- ~g'~, ~i ~ 8 ;; ~,,:: j- w CiS. -- . _ In ~3Oj ..~~>,. :0 z . :>V1 .z(l) "o'n.~ _ C' ~" en'" 0 0;:;." , Pm' -n ,~Q:> =;; ~.:;;lJI o -,;::.. :00 m z:J >. ". co _.' ~ 9 -'.~ " ~ :.." ~ ". .... \) ---- .. .......------ , J .., ...I ..... I ;;-, 2 i .....J 4551 FISCAL AGENT AGREEMENT-PARKING FACILITIES LEASE REVENUE BONDS [ Following past Agency procedure J the Board was requested to pass a Resolution award- ing a contract to Bank of America to act as Fiscal Agent for the Parking Facilities Lease Revenue Bonds Issue of 1977. The fact that Bank of America National & Savings Association & Associates was also the bidder on the bonds was in no way a conflict of interest stated Wm. A. Flory J Agency Counsel. The follow- ing Resoltuion was then adopted: RESOLUTION NO. 3359 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT FOR FISCAL AGENT SERVICES. WHEREAS J the Redevelopment Agency of the City of San Bernardino ("Agency") intends to issue its $1 J 950 J 000 Redevelopment Agency of the City of San Bernardino J Parking Facilities Lease Revenue Bonds J Issue of 1977 ("Bonds"); and WHEREAS J the Agency requires the services of a Fiscal Agent in connection with said is sue of Bonds; and r WHEREAS J the Bank of America National Trust and Savings Association has submitted a proposal for furnishing such services. ~ NOW J THEREFORE J BE IT RESOLVED J DETERMINED AND ORDERED BY THE REDEVEL- OPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1. The Agency hereby agrees to employ the Bank of America National Trust and Savings Association as Fiscal Agent for the Agency in accordance with the terms of the Agreement attached to this Resolution and incorporated herein by reference. PASSED J APPROVED AND ADOPTED this 31st day of March J 1977. Chairman J Redevelopment Agency Attest: Secretary Redevelopment Agency ".... i ~ L (SEAL) 4552 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ss. .., .~ . I, R. E. Shadwell, Jr., Secretary of the Redevelopment Agency of the City of San Bern-J ardino, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by said Agency at an adjourned regular meeting of said Agency held on the 31st day of March, 1977, and that the same was passed and adopted by the following, vote, to wit: SECRETARY'S CERTIFICATE RE ADOPTION OF RESOLUTION AYES: MEMBERS: Blum, Hinojosa, Stephenson, Guhin and Green NOES: MEMBERS: None ABSENT: MEMBERS: Obershaw and Wilson Secretary of the Redevelopment Agency (SEAL ) STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ss. SECRETARY'S CERTIFICATE OF AUTHENTICA TION -- ......, I, R. E. Shadwell, Jr., Secretary of the Redevelopment Agency of the City of San Bern- ardino DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 3359 of said Agency and that said Resolution was adopted at the time and by the vote stated on the above certificate and has not been amended or repealed. Secretary of the Redevelopment Agency (SEAL) Motion made to adopt Resolution No. 3359 by Stepehenson and seconded by Guhin. Motion carried by the following vote, to wit: Ayes: Blum, Hinojosa, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: Obershaw and Wilson. .... ....",# 0/~ 4553 -~.-,---.- ._-.:.;.:-:--- r .... FISCAL AGENCY A G R E E MEN T --------- THIS AGREEMENT, made aud ente~ed into this day of 19 , by and between the Redevelopment Agency of the City of San Berna~dino, he~einafte~ ~efe~~ed to as "Agency" and Bank of Ame~ica National T~ust and Savings Association, hereinafte~ called "Sank". !!!!!!!!!!! WHEREAS, Agency has issued $1,950,000 principal amount of ~ts Parking Facilities, Lease Revenue Bonds, Issue of 1977, and WHEREAS, Bank at its Corporate Agency Division has been designated as Fiscal Agent for said Bonds, and WHEREAS, Bank will arrange for Chase Manhattan Bank. in the City of New York, State of New York, and aarris Trust and Savings Bank, in the City of Chicago, State of Illinois, to act as Co-Paying Agents, and WHEREAS, Sank will compensate the said Co-Paying Agents out of the fees paid to it by Agency, and "... , '- WHEREAS, it is mutually desirable that an Agreement be entered into by .the parties hereto to provide for the Fiscal Agent I s services j NOW, THEREFORE, the parties hereto in consideration of the mutual covenants herein agree as follows: 1. Sank shall perform such duties as are imposed on it as Fiscal Agent pursuant to Agency's Resolution No. 3349 adopted February 22, 1177. 2. Bank shall cause all Sonds of the Agency and any coupons appertaining to such Bonds issued pursuant to said Resolution No. 3349 to be paid in accordance with their terms upon the presentation of the same for payment or for collectiou upon maturity to Bank or to the Chase Manhattan Bank in the City of New York, or to aarris~rust and Savings Bank, in the City of Chicago, Agency.shall cause to be made available to Bank on or before any interest payment date all funds necessary in order to so pay such Bonds and Coupons, provided that this paragraph shall in no instance require Agency to make available any funds other than from tax "... revenues of the Redevelopment P~oject as provided in said Resolution No. 3349. ~ 4554 3. Bank shall surrender ~onthly to the Agency all cancelle~ bonds and interest coupons held by Bank hereunder. 4. Agency shall pay Bank fees for its services in accordance with the fOllowing schedule: A. The opening fee for the acceptance of the account including the review of the Resolution and sup- porting documentsj registration and delivery of the bonds; and the setting up of all required records: Minalllll fee: The initial fee is: $750.00 B. The annual administration fee for perfo~ing all the duties assigned to or imposed upon the Fiscal Agent in the Resolution; for investing funds and receiving and allocating the revenues: $500.00 for the first $1,000,000 principal amount or any part thereof $250.00 per ~illion o~ the next $4,000,000 principal amount outstanding $150.00 per ~illion on the next $20,000,000 principal amount outstanding The annual administration fee is based on the principal amount of bonds outstanding at the beginning of each billing year. The initial fee: $737.50 C. The fee for the destruction or cremation of bonds and COupons is included in our annual administration fee, if requested D. The fees to the Co-Paying Agents will be paid out of our fees in accord to the number of bonds and coupons paid by each of them. E. The fee for Retirement of bonds prior to scheduled maturity: Per Call Each Purchase $100.00 $ 25.00 F. Safekeeping charges include~ Storage of coupon bonds held for fully registered bonds: Storage of sheets of coupons from fully registered bonds, to be dete~ined by denomination of Bonds: The fee is $.02 per $1,000 Bond Value per year.. G. Investment of funds: Each transaction $8.00 Each purchase sale or redemption of a security shall be considered as a transaction R. Construction Fund Based on amount disbursed: 1!10th of 1% first 1!20th 0 f 1% next $ 500,000 $1,500,000 it ] ] ] 4555 I. The fee for the execution of documents to evidence release and closing of all accounts is: r- L J. The cost of normal out-of-pocket expenses such as stationery, postage and insurance, telephone and telegraph charges, etc. is in addition to our annual administration fee. K. Should a default occur requiring special action to be taken by the Fiscal Agent, a reasonable fee will be charged de- pending upon the amount and nature of the services involved. 5. *Fees for Paying Agent are in accordance with the following: A. The fee for paying bonds of any denomination and semi- annual coupons thereon: for each bond for each coupon $2.00 $ .17 B. The fee for bond registration services: for each registration $2.00 (Large issues where many bonds are or may be registered: Fully Registered Bonds: Minimum fee $150.00 (per year) Registration as to Principal Only: Minimum fee $100.00 (per year) C. the fee for payment on interest or registered bonds: for each check $.42 "...... D. The fee for payment of bonds prior to maturity by partial . caU: '-- for each bond $2.00 * Includes out-of-pocket expenses. 6. The foregoing schedule is subject to renegotiation should conditions warrant. 7. Bank shall render a semi-annual statement as of October and April of each year for the amount of fees due Bank pursuant to this agreement. Upon receipt of such statement, Agency shall pay Bank the amount of such statement within thirty days. 8. Bank shall render a semi-annual statement as of the month ending of June and December each year of the cash and/or investments held by it as such Fiscal Agent. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed, the day and year above written. r-- I L, .. 4556 ~ ----------.-------.-- Redevelopment ~ Ciry 'J:fo.ardi.. / ' 1fJi" , J Bt:eJ;:~7:/2~ ~ BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION By Assistant Vice President By Trust Officer ] ] ] [ r '-- ~ f L 4557 AMENDMENT TO JOINT POWERS AUTHORITY -CIVIC CENTER AUTHORITY Mr. Green explained that the adoption of the amendment is an essential step leading to the issuance of bonds for the hotel. Many of the changes are because of new State Legislation. Mrs. Blum inquired if the Agency would be selling the bonds or would the Civic Center Authority sell them. She was informed that the Civic Center Authority would sell them. The Civic Center Authority is comprised of the Joint Powers, i. e. , City, County and the Agency. Mr. Baker representing the Sun Telegram inquired who will pay for the bonds and was informed that the Civic Center Authority would pay for them. The terms for payment of the bonds are now in the process of being worked out. Mr. Green further informed Mr. Baker that he preferred not to discuss the matter any fur- ther at that particular time. Mrs. Blum asked Mr. Green if the money would be for im- provements and Mr. Green informed her yes, it would be. The following Resolution was then adopted: RESOLUTION NO. 3360 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING CERTAIN AMENDMENTS TO A JOINT EXERCISE OF POWERS AGREEMENT. WHEREAS, on April 27, 1970, the City of San Bernardino, the County of San Bernardino and the Redevelopment Agency of the City of San Bernardino entered into a certain "Joint Exercise of Powers Agreement" entitled: "Joint Exercise of Powers Agreement Between the City of San Bernardino, the County of San Bernardino and the Redevelopment Agency of the City of San Bernardino Creating an Agency to be Known as the San Bernardino Civic Center Authority" , for the purpose of acquiring, constructing, operating and leasing public buildings and related facilities for public purposes; and WHEREAS, various amendments in the law relating to joint exercise of powers agreements, the issuance of revenue bonds and public lease backs, enacted subsequent to April 27 , 1970, have made it necessary to amend the above mentioned Joint Exercise of Powers Agreement to reflect those changes in the law; and WHEREAS, it has become necessary to amend the above mentioned Joint Exercise of Powers Agreement to permit more than one of the parties thereto to become "Initiating Parties" for any particular plan of development. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The amendments to that certain "Joint Exercise of Powers Agreement" entitled: "Joint Exercise of Powers Agreement Between the City of San Bernardino, the County of San Bernardino and the Redevelopment Agency of the City of San Bernardino Creating an Agency to be Known as the San Bernardino Civic Center Authority" , 4558 which amendments are indicated by italics and deletions on the copy of that agreement, attached hereto, are hereby approved and adopted. ~ Section 2. The Secretary of the San Bernardino Civic Center Authority Commission is hereby authorized and directed to file with the Secretary of State of the State of Califorr........,l, within 30 days after the effective date of the amendments to said Agreement, the notice required by Government Code Section 6503.5. The notice shall state the following: (1) the name of each public agency which is a party to the Agreement; (2) the date upon which the Agreement and the amendments thereto became effective, (3) a statement of the purpose of the Agreement or the power to be exercised; and (4) a description of the amendments to the Agreement. Section 3. This Resolution shall take effect upon adoption. PASSED, APPROVED AND ADOPTED this 31st day of March, 1977. Chairman, Redevelopment Agency Secretary, Redevelopment Agency STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ss CITY OF SAN BERNARDINO SECRETARY'S CERTIFICATE RE ADOPTION OF RESOLUTION ~ .....,JI I, R. E. Shadwell, Jr., Secretary of the Redevelopment Agency of the City of San Bernar- dino, do HEREBY CERTIFY that the aforementioned Resolution was duly adopted by said Agency an adjourned regular meeting of said Agency held March 31, 1977, and that the same was passed and adopted by the following vote, to wit: AYES: MEMBERS, Blum, Hinojosa, Steph- enson, Guhin and Green. MEMBERS, None NOES: ABSENT: MEMBERS, Obershaw and Wilson Secretary, Redevelopment Agency STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ss CITY OF SAN BERNARDINO SECRETARY'S CERTIFICATE OF AUTHENTICIATION I, R. E. Shadwell, Jr., Secretary of the Redevelopment Agency of the City of San Bern~ ardino, do HEREBY CERTIFY that the above and aforementioned Resolution No. 3360 of ! said Agency and that said Resolution was adopted at the time and by the vote stated ,~ on the above certificate, and has not been amended or repealed. Secretary, Redevelopment Agency 4559 r I '--' Motion made to adopt Resolution No. 3360 by Blum and seconded by Guhin. At this time Mr. Stephenson inquired of Mr. Green if the Board would be safe in assuming in their thinking that in finality, there will be a hotel and was informed yes. Motion was then carried by the following vote, to wit: Ayes: Blum, Hinojosa, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: Obershaw and Wilson. ,..... "'- ".... 1 '-- .., H ~ ,.... .....", .... ......J 4560 3/15/17 ,... 101NT EXERCISE OF POWERS AGREEMENI' BElWEEN THE CITY OF SAN BERNARDINO, TIlE COUNI'Y OF SAN BERNARDINO, AND TIlE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CREATING AN AGENCY TO BE KNOWN AS TIlE SAN BERNARDINO CIVIC CENTER AUTHORITY ... THIS AGREEMENT, dated for convenience as of April 27, 1970, and as subsequently amended., is between the aTY OF SAN BERNARDINO (hereinafter referred to as "City"), the COUNTY OF SAN BERNARDINO (hereinafter referred to as "County"), and the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (hereinafter referred to as "Redevelopment Agency"); WITNESSETH; WHEREAS, City and County are each empowered by law to acquire sites and to acquire, construct, maintain, operate and lease public buildings and related facilities for public purposes; and WHEREAS, Redevelopment Agency is empowered to acquire sites within designated redevelopment project areas of the City of San Bernardino and to cause their rehabilitation and redevelopment in order to carry out of the objectives of the Community Redevelopment Law (Part 1, commencing with Section 33,000 and Part 1.5, commencing with Section 34,000, of Division 24 of the Health and Safety Code of the State of California); and WHEREAS, Redevelopment Agency has formulated redevelopment plans for the redevelopment of the Central City Area of the City of San Bernardino, including the development of certain sites for public buildings, which plans have been approved by City; and ",..... WHEREAS, City, County and Redevelopment Agency are of the opinion that the area shown as the '-- Central City Area on the map. entitled "Central City Area, San Bernardino, California, Civic Center, illustrative Site Plan", which map is part of the report referred to in the next following paragraph (herein sometimes referred to as "Central City Area"), should be developed as a comprehensive civic center complex in the City of San Bernardino, which would include, without limitation, public buildings and accessory structures for City and County, together with parking facilities, various private areas, walks, landscaping, parks and other facilities necessary and desirable for a downtown civic center complex; and WHEREAS, The Mayor and Common Council of the City and the Governing Board of the Rede- velopment Agency have each approved a report entitled "The Joint Powers Agreement Concept for the Civic Center Complex San Bernardino, November 19, 1969, report prepared by Jerome T. Winstead, City Administrator"; and WHEREAS, the County of San Bernardino has formulated Capital Improvement Plans for the develop- ment of its property in a report entitl~d "Capita} Projects Program, 1966-1975, Report Compiled By County Administrative Office, May 1, 1965", and has substantially followed said plan in the development of certain sites and public buildings; and Whereas, additional reports and documents for the implementation of the Overall Central City Plan of Development have been prepared and distributed to the Parties hereto, some of which are shown on the list concurrently filed with each of the Parties hereto; and "..... '- · Amendments are shown in italics. Omitted language will be shown by strike out (such as It /he?! ). 60,005.1-4 1 4561 3/15/17 Now, THEREFORE, City, County and Redevelopment Agency, for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: Section 1. Purpose. This Agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing witjl Section 6500, hereinafter called "Act") relating to the joint exercise of powers common to public agencies, and is made for the purpose of enabling County, City and Redevelopment Agency to exercise their powers jointly in providing for the development of the Central City Area, as a comprehensive Civic Center Complex for City, County, State and Federal buildings in the City of San Bernardino (herein sometimes referred to as "Civic Center Complex"), which would include, without limitation, public buildings and accessory structures for City and County, together with parking facilities, various private areas, walks, landscaping, parks and other facilities necessary and desirable for a downtown civic center complex. Each of the agencies has the powers necessary to accomplish this Agreement. The above mentioned purpose would be accomplished and the powers of the various agencies exercised in the manner set forth in this Agreement. Section 2. Tenn. This Agreement shall become effective as of the date of execution hereof and shall continue in full force and effect for a period of fifty (50) years from the date hereof or until all revenue bonds herein provided for and issued pursuant hereto and the interest thereon shall have been paid in full or adequate provision for such payment shall have been made as set forth in the proceedings for the issuance thereof, whichever date is earlier, provided, however, that this Agreement shall terminate three (3) years from the date hereof in the event no revenue bonds have been issued. Section 3. Authority. A. CREATION OF AUTHORITY. There is hereby created a public entity, separate and apart from the parties hereto, to be known as the "San Bernardino Civic Center Authority" (hereinafter referred to as "Authority"). The debts, lia- bilities and obligations of Authority do not constitute debts, liabilities or obligations of either City, County or Redevelopment Agency. B. COMMISSION. Authority shall be governed by a commission composed of five (5) members, each serving in his individual capacity as a member of the commission. The commission shall be called the "San Bernardino Civic Center Authority Co!lJ.IIlission" (hereinafter referred to as "Commission"). Two (2) members of the Commission shall be appointed by the Board of Supervisors of County, two (2) members shall be appointed by the Mayor with the approval of the Common Council of City, and one (1) member shall be appointed by the Governing Board of the Redevelopment Agency. The members appointed by the Board of Supervisors and by the Mayor with the approval of the Common Council of the City shall have three-year terms and two-year terms, respectively, and the member appointed by the Governing Board of the Redevelopment Agency shall have a four-year term. The initial terms shall be computed from the date of this Agreement. Upon the expiration of the initial terms all succeeding terms shall be four (4) years. Should the Redevelopment Agency cease to be a public corporation separate from the City and/or the County, the members of the Commission which would have been appointed by the Governing Board of the Redevelopment Agency shall be appointed by the other four (4) members of the Commission. Members shall hold membership on the Commission during the term for which they were appointed and until their successors bave been appointed, except that members may be removed by and at the pleasure of the authority which appointed them. In case of a vacancy in membership on the Commission, the same shall be promptly filled by the proper appointing authority. An appointment to fill a vacancy during an unexpired term shall be for the period of the unexpired term. The proper appointing 60,005-1-4 2 .., J I wiI ...... i ....J l I -J 4562 3/15/77 authority shall, upon making an appointment, forthwith notify the Secretary of the Commission of all appointments. Commissioners shall receive no compensation. ,.... i ~ C. MEETINGS OF THE COMMISSION. ( 1) Regular Meetings. The Commission shall provide for its regular, adjourned regular and special meetings; provided, however, that it shall hold at least one regular meeting in each year and such further meetings as the parties hereto may reasonably request depending upon the pressure of business. The dates upon which and the hour and place at which any regular meeting shall be held shall be fixed by resolution and a copy of such resolution shall be filed with each of the parties hereto. The place of the regular meetings shall be a City or County building within the City of San Bernardino. (2) Ralph M. Brown Act. The Commission shall adopt rules for conducting its meetings and other business. All meetings of the Commission, including, without limitation, regular, adjourned regular and special meetings, shan be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (com- mencing with Section 54950 of the California Government Code). (3) Minutes. The Secretary of the Commission shall cause minutes of regular, adjourned regular and special meetings to be kept, and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Commission and to the parties hereto. ( 4) Quorum. Four (4) members present at a Commission meeting shall constitute a quorum for the transaction of business, except that a lesser number may adjourn for lack of a quorum. ..... ,..... "'"""" D. OFFICERS. The Commission shall elect a President and Vice-President at its first meeting and thereafter at the first meeting held in each succeeding calendar year the Commission shall elect or re-elect its President and Vice-President In the event that the President or Vice-President so elected ceases to be a member of the Commission, the resulting vacancy shall be filled at the next regular meeting of the Commission held after such vacancy occurs. In the absence or inability of the President to act, the Vice- President shall act as President The President, or in his absence the Vice-President, shall preside at and conduct all meetings of the Commission. The City Planning Director shall be and act as the Secretary of the Commission. The City Treasurer shall be and act as Treasurer of the Authority. The Fmance Director of the City (or such other officer as may be performing the duties of auditor or controller of the City) shall be and act as Controller of the Authority. The City Attorney shall be and act as the attorney for the Authority, except that if the City Attorney is precluded from acting because of conflict of interest or other legal impediment, the County Counsel may, if he so elects to act, act as to such matters, or independent counsel may be employed. Professional and expert se~rices, including, without limitation, Bond Counsel, financing consultants, accountants, engineers, architects and other consultants and advisors, shall be contracted for by the Initiating Party(s), and such services shall be assigned to the Authority as a part of the acquisition, construction and financing of the particular project involved; provided, however, the Authority, with the unanimous consent of the parties, may contract for professional and expert services on such basis as is provided in such consent. r- J i..., Section 4. Powers and Duties of the Authority. The Authority shall have the powers set forth in the recitals of this Agreement, to wit, the power to acquire sites and to acquire, construct, maintain, operate and lease public buildings and related facilities 60,005-1-4 3 4563 3/15/77 (hereinafter referred to as "Facilities") for public purposes, in order to provide for the development of the Civic Center Complex. The Authority is authorized to do all acts necessary for the exercise of said common powers for said purposes, including, but not limited to, any or all of the following: to make and enter into contracts, to employ agents and employees, to acquire, construct, manage, main- tain or operate any public buildings, works or improvements; to acquire property, by lease or purchase; to hold or dispose of property, by lease or sale, to incur debts, liabilities or obligations required by the exercise of these powers; and to sue and be sued in its own name. Said powers shall be exercised in the manner provided in said Act and, except as expressly set forth herein, subject only to such restrictions upon the manner of exercising such powers as are imposed upon City in the exercise of similar powers. Authority may also issue revenue bonds, pursuant to Article 2, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section 6540, hereinafter called "Bond Act") and any other applicable laws of the State of California, whether heretofore or hereafter enacted or amended, and, without limiting the generality of the foregoing, the Authority is also authorized to incur other forms of indebtedness pursuant to Section 6547.1 of the Government Code. Section 5. Fiscal Year. For the purposes of this Agreement, the term "Fiscal Year" shall mean the period from July 1 of each year to and including the following June 30. Section 6. Disposition of Assets. Upon the termination of this Agreement, any buildings, structures or other improvements which have been constructed, acquired, etc., pursuant to this Agreement, shall vest in the public agency which has been leasing the same from the Authority. The parties hereto shall execute any instruments of con- veyance necessary to provide for such vesting of such property. All other property, funds and assets of Authority shall be returned to the parties in proportion to the contributions made by them. For purposes of this computation, the aggregate of all moneys and property (excepting the fair value of all services rendered) provided by each during the entire term shall be deemed to constitute the contributions made by each. Section 7. Plan of Development. When anyone or more of the parties hereto desires to develop a particular parcel of land under its jurisdiction within the Central City Area, it shall notify the Authority thereof, and, if it intends that the Authority proceed under the Bond Act, it, or they, shall initiate proceedings under said Bond Act by filing a "Plan of Development" with the Commission and so become an "Initiating Party ( s)". GBly One or more of the parties (as distinguished from the Authority) can initiate a Plan of Development. The Plan of Development shall show the land to be used for the development with relation to the Central City Area, the land to be acquired, if any, the Facilities to be constructed, the financing arrangements necessary to accomplish the development, and any other details material to the proposal. When the Plan of Develop- ment has been approved by the Commission, the same shall be submitted to each of the parties so that such parties may enact the ordinances, if any, required by Government Code Section 6547 et seq., and, if a public leaseback is involved, the ordinance(s), if any, required by Government Code Sections 54240 et seq. When the ordinances involved become effective, or if the same are not required, upon the approval of the Commission, the plans and specifications and other proceedings shall continue. Section 8. Preparation of Plans and Specifications. The Initiating Party ( s) shall prepare, or cause to be prepared, plans and specifications for the con- struction of the Facilities involved. Copies of all plans and specifications shall be filed with the Com- mission. The plans and specifications shall be approved by the Commission, and, to the extent that such plans and specifications provide for Facilities which will be used jointly by ~ any non-initiating parties, it shall also be subject to review and approval by them. 60,005-1-4 4 ] ., i ....., ....., 1 .~ .....J -~--1------ 4564 3/15/77 "... I ~ '- SectiOD 9. Construction. The Authority, or the Initiating Party ( s) on behalf of Authority, shall call for competitive bids to let the necessary contract or contracts for construction. The contract or contracts for the construction shall be awarded to the lowest responsible bidder; provided, however, that no such award shall be made: (1) until the plans and specifications have been approved as required by Section 8, and (2) the bidder or bidders receiving the award shall have been approved by the Initiating Party (s) or the Authority, as the case may be. The Facilities shall then be constructed in accordance with the plans and specifications previously approved. Personnel of the Initiating Party(s), acting on behalf of Authority, shall cause the construction to be carried through to completion and all work to be performed in accordance with the standards and procedures normally followed by the Initiating Party ( s) in its own construction. Section 10. Fmancing Constroction and Costs. Authority shall, if the Plan of Development so specifies, finance all construction of Facilities with the proceeds received from the issuance of its revenue bonds under the Bond Act. Authority shall payor reimburse the Initiating Party ( s), as the case may be, for costs incurred and payments made by it in connection with the development of the particular parcel of land involved and proceedings under the Bond Act, including, without limitation, the preparation of the Plan of Development, the preparation of the plans and specifications for construction, and the letting of construction contracts; provided that such payments and reimbursements, if any, shall be made only from the proceeds of revenue bonds issued by Authority. '-' Section 11. Acquisition of Sites, Sublease and Operation of Facilities. Authority, or one of the Initiating Parties, shall, if the Plan of Development so specifies, acquire necessary sites by purchase, lease or otherwise and Authority, or one of the Initiating Parties, shall, if the Plan of Development so specifies, lease or sublease such sites and Facilities involved to the Initiating Party(s), and/or any thereof, or to any other appropriate lessee or lessees, for a term that ends prior to the termination of this Agreement. The Initiating Party ( s), and/or any thereof, so named, or such other lessee or lessees, shall pay rent under such lease or sublease in an amount which, together with other payments, if any, will not be less than the amount required by Authority each year to pay the principal of and interest on revenue bonds issued by Authority under the Bond Act in connection with the acquisition, construction and financing of the Facilities involved (referred to in Government Code Section 6548 as "the project"), and to payor reimburse Authority for all administrative and other expenses incidental to or connected with the project. The Initiating Party ( s) and/or any thereof, or any other appropriate lessee or lessees, shall operate and maintain the Facilities at its or their own cost and expense, and, without limiting such liability, if the Plan of Development so specifies, may sublease all or any part thereof to any appropriate sublessee or sub lessees or make other lawful contracts relating thereto. ".... Section 12. Assistance to Authority. City, County and Redevelopment Agency may, in appropriate circumstances, (a) make contributions from their treasuries for the purposes set forth herein, (b) make advances of public funds to defray the cost of such purposes, (c) make advances of public funds for such purposes, such advances to be 'repaid as provided herein, or (d) use their personnel, equipment or property in lieu of other contributions or advances. Such sums shall be paid to and disbursed by the Authority. The provisions of Govern- ment Code Section 6513 are hereby incorporated into this Agreement. ,.. L Section 13. Revenue Bonds. In order to obtain the funds required for the acquisition, construction and financing of a project, including any and all expenses incidental thereto or connected therewith, Authority shall, if the Plan of Development so specifies, issue revenue bonds pursuant to the provisions of the Bond Act. Such reverrue bonds may be issued in more than one series in order to conform to different construction schedules, shall 60,00S-I-4 5 4565 3/15/77 be sold by competitive bidding or by private sale, and shall not constitute a debt, liability or obligation of either City, County or Redevelopment Agency. The sale of such revenue bonds and any resolutions authorizing the issuance of such bonds shall be subject to the approval of .the. any Initiating Party (s) that is obligated to make rent payments for the use of facilities to be constructed with the proceeds of the revenue bonds. The professional and expert services, including, without limitation, Bond Counsel, financing con- sultants, accountants, engineers, architects and other consultants and advisors shall be contracted for by the Initiating Party(s), and shall be assigned to the Authority as a part of the acquisition, construction and financing of the project; unless, as provided in Section 3 hereof, the Authority, with the unanimous consent of the parties, has contracted for any of such professional and expert services. All fees and expenses of such professional and expert services connected with. the acquisition, construction and financing of any project shall be paid from the proceeds of the revenue bonds, and the Initiating Party(s) shall be reimbursed from such proceeds for any portion of such fees and expenses which it has paid prior to the issuance of such revenue bonds, in addition to being reimbursed for any other payments made in connection with such acquisition, construction and financing of the project involved. ] Section 14. Accounts and Reports. To the extent not covered by the duties assigned to any Trustee, the Controller of the Authority shall establish and maintain such procedures, funds and accounts as may be required by sound account- ing practice or by the provisions of any resolution of Authority authorizing the issuance of revenue bonds; provided that such procedures shall conform as nearly as possible to normal City procedures. The books and records of Authority in the hands of the Trustee or the Controller shall be open to inspection at all reasonable times by representatives of City, County or Redevelopment Agency. Authority shall contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of Authority, and a complete written report of such audit shall be filed annually as public records with City, County, Redevelopment Agency and Authority. Such report shall also be filed with the County Auditor of the County of San Bernardino. Such annual audit and written report shall comply with the requirements of Section 6505 of the Government Code of the State of California. l ...J Section 15. Funds. The Treasurer of Authority shall have custody of Authority property and disburse Authority funds pursuant to the accounting procedures developed in accordance with the provisions of Section 14; provided that the provisions of any resolution of Authority authorizing the issuance of revenue bonds shall control regarding the custody and disbursement of the proceeds of any revenue bonds issued pursuant thereto or any revenue pledged to the payment of such bonds. Additionally, the Treasurer of Authority shall assume the duties (to the extent not covered by the duties assigned to any trustee) described in California Government Code Section 6505.5, to wit: (a) Receive and receipt for all money of Authority and place it in the City treasury to the credit of Authority; (b) Be responsible upon his official bond for safekeeping and disbursement of all Authority money so held by him; . (c) Pay, when due, out of moneys of Authority so held by him, all sums payable .on out- standing bonds and coupons of Authority; (d) Pay any other sums due from Authority, from Authority money, only upon warrants of the Controller of Authority; (e) Verify and report in writing on the first day of July, October, January, and April of each year to Authority and to City, County and Redevelopment Agency the amount of money he 60,005-1.4 6 .., I I .....; ,... ~ '- ,..... -....... ",..- ...... 4566 3/15/77 holds for Authority, the amount of receipts since his last report, and the amount paid out since his last report. Subject to the applicable prOVIsIOns ot any indenture or financing :lgreement, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer of Authority shall have the custody of and disburse Authority funds pursuant to the accounting procedures developed in accordance with the provisions of Section 14 hereof and as nearly as possible in accordance with norm.al City procedures. The public officers (namely, the Controller and Treasurer of the Authority), herein designated as the pelWDS responsible for any moneys of Authority, are hereby also designated as responsible for all other pt8perty of Authority and each of said officers shall file an official bond in an amount to be fixed by the .arties. 'I'1tc Controller of the Authority shall draw warrants to pay demands against the Authority when the demaDii have been approved by any person authorized to so approve in accordance with the accounting provisifts developed in accordance with the provisions of Section 14 hereof. 11Ie Mayor and Common Council of the City shall determine charges to be made against the AuthoJity for the services of the City Treasurer, Planning Director and Finance Director. Semon 16. Notices. Notices hereunder shall be sufficient if delivered to: City - City Clerk, City Hall, San Bernardino, California. County - County Clerk, County Civic Building, San Bernardino, California. Redevelopment Agency - Executive Director, City Hall, San Bernardino, California. Authority - Secretary of the Authority, % City Clerk, City Hall, San Bernardino, California. Section 17. Miscellaneous. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Whenever in this Agreement any consent or approval is required the same shall not be unreasonably withheld. This agreement is made in the State of California under the Constitution and laws of such state and is to be so construed. It is recognized that the Central City Area is large and that the proper development of the Civic Center Complex as contemplated by the parties will require the use of many of the powers that the parties possess, including, without limitation, the initiation and completion of additional redevelopment projects by the Redevelopment Agency, and where necessary, the cooperation of the other parties in such redevelopment projects, and this Agreement is not intended to limit and shall not be construed as limiting the parties hereto in the development of any of their property, except to the extent that the same may be limited by operation of law. Proceedings for any existing or future redevelopment projects within the Central City Area, and the activities of the Redevelopment Agency in relation thereto, shall be in accordance with the Community Redevelopment Law. To preserve a reasonable degree of flexibility, many parts of this Agreement are stated in general terms. It is understood that there will be operating memoranda executed and amended from time to time by the unanimous agreement of the parties that will further define the rights and obligations of the parties. Section 18. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. 60,005-1-4 7 4567 3/15/77 Sedion 19. Severability. Should any part, term, or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, their official seals to be hereto affixed, as of the date first above written. CITY OF SAN BERNARDINO By ALAN E. GUHIN Mayor Pro Tempore A TrEST: LUCILLE GOFORTII City Clerk (SEAL) APPROVED AS TO FORM this 28th day of April, 1970. RALPH H. PRINCE City Attorney COUNTY OF SAN BERNARDINO ATTEST: By RUBEN S. AYALA Chairman of the Board of Supervisors LEONA RAPOPORT Clerk of the Board of Supervisors (SEAL) APPROVED AS TO FORM this 5th day of May, 1970. RICHARD WM. STRONG Deputy County Counsel REDEVELOPMENT AGENCY OF THE CITY OF S.<\N BER.NARDINO By A. M. AUSTIN Chairman of the Governing Board ATTEST: . P. W. QUINN, JR Secretary of the Governing Board APPROVED AS TO FORM this 4th day of May, 1970. By BRUCE D. VARNER Attorney for Redevelopment Agency of the City of San Bernardino 60,005.1-4 8 l WIllI .., ....J -- f ......J 4568 3/15/77 STATE OF CALIFORNIA } ~. ,... i r: "- COUNTY OF SAN BERNARDINO On this 28th day of April, in the year 1970, before me, the undersigned, a Notary Public, State of California, duly commissioned and sworn, personally appeared Alan E. Guhin, known to me to be the Mayor Pro Tempore, and Lucille Goforth, known to me to be the City Clerk, respectively, of the City of San Bernardino, a municipal corporation of the State of California, that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of said municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to a resolution of the Mayor and Common Council of said City. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year in this certificate first above written. MARY R. CORONA Notary Public State of California (SEAL) ----- ...... G"':""" (:~; j'~ ,....... My Commission Expires .l.anuary 13. 1974 MARY R. CORONA NOTARY PUBLIC SAN BERNARDINO COUNTY l) CALIFORNIA , , ( '-' STATE OF CALIFORNIA }~ COUNTY OF SAN BERNARDINO On this 6th day of May, in the year 1970, before me, the undersigned, a Notary Public, State of California, duly commissioned and sworn, personally appeared Ruben S. Ayala, knovlIl to me to be the Chairman of the Board of Supervisors, and Leona Rapoport, known to me to be the Clerk of the Board of Supervisors, respectively, of the County of San Bernardino, a political subdivision of the State of California, that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of said political subdivision of the State of California, therein named, and acknowledged to me that such political subdivision executed the within instrument pursuant to a resolution of the Board of Supervisors of said County of San Bernardino. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year in this certificate first above written. e. o _..~, ~ '~ _. ". , NOTARY PUBlIC-CAlIFORNIA PRINCIPAL OFFICE IN " , SAN BERNARDINO COUNTY .... . My Commission Expires June 20. 1972 OFFICIAL SEAL MARGARET F. SIMONDES MARGARET F. SIMONDES Notary Public State of California ,... t ! i.- (SEAL) 60,005-1-4 9 4569 3/15/77 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO } Y. On this 4th day of May, in the year 1970, before me, the undersigned, a Notary Public, State of California, duly commissioned and sworn, personally appeared A. M. Austin, known to me to be the Chainnan of the Governing Board, and P. W. Quinn; Jr., known to me to be the Secretary of the Governing Board, respectively, of the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic of the State of California, that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of said public body, corporate and politic of the State of California, therein named, and acknowledged to me that such public body, corporate and politic of the State of California, executed the within instrument pursuant to a resolution of the Governing Board of said Redevelopment Agency of the City of San Bernardino. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year in this certificate first above written. (SEAL) 9 60,005-1-4 SANDRA A. BAXTER Notary Public State of California . SANORA A. BAXTeR NOTARY PUBLIC SAN BERNARDINO COUNTY .~.. CAU~~IA My Commission Expires Oee. 7,1973 10 ] " f ...J -., f I ...J 4570 3/15/77 r- t t IN WITNESS WHEREOF, the parties hereto have caused this Agreement as amended to be executed and attested by their proper officers thereunto duly authorized, their official seals to be hereto affixed, as of ...._.....___.........._, 1977. '-- CITY OF SAN BERNARDINO By Mayor ATIEST: City Oerk (SEAL) APPROVED AS TO FORM this day of , 1977. City Attorney COUNTY OF SAN BERNARDINO By Chairman of the Board of Supervisors ATTEST: ,...... Oerk of the Board of Supervisors '- ( SEAL) APPROVED AS TO FORM this day of , 1977. \ Deputy County Counsel REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By Chairman of the Governing Board ATTEST: Secretary of the Governing Board APPROVED AS TO FORM this day of , 1977. "... ~ f -...., By Attorney for Redevelopment Agency of the City of San Bernardino 60,005.1-4 11 4571 3/15/77 COUNTY OF SAN BERNARDINO '} u, ] STATE OF CALIFORNIA On this day of , in the year 1977, before me, the undersigned, a Notary Public, State of California, duly commissioned and sworn, personally appeared , known to me to be the Mayor, and , known to me to be the Oty Oerk, respectively, of the Oty of San Bernardino, a municipal corporation of the State of California, that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of said municipal corporation therein named, and acknowledged to me that sucb municipal corporation executed the within instrument pursuant to a resolution of the Mayor and Common Council of said Oty. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year in this certificate first above written. Notary Public State of California (SEAL) STATE OF CALIFORNIA } ss, COUNTY OF SAN BERNARDINO On this day of , in the year 1977, before me, the undersigned, a Notary Public, State of .., California, duly commissioned and sworn, personally appeared , known to me to be the j' Chairman of the Board of Supervisors, and , known to me to be the Oerk of the Board of Supervisors, respectively, of the County of San Bernardino, a political subdivision of the State of California, that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of said political subdivision of the State of California, therein named, and acknowledged to me that such political subdivision executed the within instrument pursuant to a resolution of the Board of Supervisors of said County of San Bernardino. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year in this certificate first above written. Notary Public State of California (SEAL) 60,005.1-4 12 --- i :1 ~ 1 -J 4572 3/15/77 STATE OF CAUFORNIA }~ "... COUNTY OF SAN BERNARDINO .... On this day of , in the year 1977, before me, the undersigned, a Notary Public, State of California, duly commissioned and sworn, personally appeared , known to me to be the Chairman of the Governing Board, and , known to me to be the Secretary of the Governing Board, respectively, of the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic of the State of California, that executed the within instrument, and kno.wn to me to be the persons who executed the within instrument on behalf of said public body, corporate and politic of the State of California, therein named, and acknowledged to me that such public body, corporate and politic of the State of California, executed the within instrument pursuant to a resolution of the Governing Board of said Redevelopment Agency of the City of San Bernardino. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year in this certificate first above written. Notary Public State of California (SEAL) ".,.... '-- "".. i 1( . '- 60,005-1-4 13 4573 3/15/77 EXHIBIT A 1 ..,.j MAP SHOWING "CENTRAL CITY AREA". ~ ...J ~ j j I ....,J 60,005-1-4 14 4574 3/15/77 ",... I IMPLEMENTATION OF THE OVERALL CENTRAL CITY PLAN OF DEVELOPMENT OFFICIAL DOCUMENTATION AND REPORTS DIS1RIBUTED AND MADE AVAILABLE ... 1. THE CENTRAL CITY NORTH REDEVELOPMENT PROJECI' OFFICIAL ACI'IONS AND SUPPLEMENTS RELATING TO PROJECI' IMPLEMENTATION distributed at the April 22, 1974 meeting of the Mayor and Common Council 2. THE SAN BERNARDINO STATE COLLEGE REDEVELOPMENT PROmCI' OFFICIAL ACfIONS AND SUPPLEMENTS RELATING TO PROJECI' IMPLEMENTATION. distributed at the April 22, 1974 meeting of the Mayor and Common Council 3. THE PHOTO LOG SURVEY - OVERALL CENTRAL CITY AREA distributed at the April 22, 1974 meeting of the Mayor and Common Council 6. 7. "...... "'-' 8. 4. THE COUNTY OF SAN BERNARDINO AD HOC COMMITTEE SUPPLEMENT TO VfN COUNTY SPACE UTILIZATION STUDY distributed by letter dated May 8, 1974 5. THE SAN BERNARDINO MEADOWBROOK REDEVELOPMENT PROJECI' OFFICIAL ACfIONS AND SUPPLEMENTS RELATING TO PROJECI' IMPLEMENTATION and THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT OFFICIAL ACTIONS AND SUP- PLEMENTS RELATING TO PROJECT IMPLEMENTATION distributed by letter dated June 3, 1974 THE GRANT APPLICATION BOOK ENTITLED "PROJECT SAN BERNARDINO", ECONOMIC DEVELOPMENT ADMINISTRATION, distributed by letter dated June 5, 1974 THE SAN tlERNARDINO CITY, COUNTY, STATE, FEDERAL CIVIC CENTER COMPLEX REDEVELOPMENT PROJECTS OFFICIAL ACTIONS AND SUPPLEMENTS RELATING TO PROJECT IMPLEMENTATION, JOINT POWERS AUTHORITY ADOPTED 1970, dis- tributed by letter dated June 7, 1974 THE SAN BERNARDINO SOUTHEAST INDUSTRIAL COMPLEX REDEVELOPMENT PROJECT OFFICIAL ACI10NS AND SUPPLEMENTS RELATING TO PROJECT IMPLE- MENTATION distributed by letter dated June 11, 1974 9. THE SAN BERNARDINO CENTRAL CITY REDEVELOPMENT PROJECT NO.1, OFFICIAL ACTIONS AND SUPPLEMENTS RELATING TO PROJECT IMPLEMENTATION distributed by letter dated June 17, 1974 10. THE GRANT APPLICATION BOOK, PRomer SAN BERNARDINO, OFFICE OF ECO- NOMIC OPPORTUNITY distributed by letter dated July 17, 1974 11. THE CITY, COUNTY, STATE, FEDERAL CIVIC CENTER COMPLEX INTERIM DOCU- MENTATION AND DATA SUPPLEMENT TO: JOINT POWERS AGREEMENT distributed by letter dated September 20, 1974 12. THE CITY, COUNTY, STATE, FEDERAL CIVIC CENTER COMPLEX, CITY PUBLIC FACILITIES AND RELOCATION CONCEPT, VOLUMES I AND II distributed by letter dated December 2, 1974 13. THE PLAN OF DEVELOPMENT - INTERIM REPORT, OVERALL CENTRAL CITY AREA, advance general distribution at the Christmas Meeting held December 18, 1974 "... i '-- 14. THE ECONOMIC ANALYSIS OF THE COMPREHENSIVE PLAN OF DEVELOPMENT- OVERALL CENTRAL CITY AREA 1958 - 1980, PREPARED BY ECONOMIC RESEARCH 60,005-1-6 1 4575 3/15/77 ASSOCIATES. (Advance copy for review only prior to final printing of THE REDEVELOP- MENT AGENCY OF THE CITY OF SAN BERNARDINO'S ANNUAL REPORTS 1969, 1970, 1971, 1972, 1973, 1974, 1975). Distributed by letter dated February 20, 1975 J.......... 15. SAN BERNARDINO 1851-1980, A SUPPLEMENT TO THE OVERALL CENTRAL CITY.. PLAN OF DEVELOPMENT - INTERIM REPORT distributed to the Overall Community through the Sun Telegram Newspaper on March 2, 1975 16. PLAN OF DEVELOPMENT HERITAGE PLAYHOUSE AND CULTURAL CENTER PIONEER PLAZA Distributed by letter dated March 14, 1975 17. PLAN OF DEVELOPMENT COUNTY MEDICAL SOCIETY FACILITIES. SIXTH STREET AND MT. VIEW AVENUE Distributed by letter dated May 16, 1975 18. PLAN OF DEVELOPMENT SENIOR CITIZENS CENTER/SOCIAL-ARTS AND CRAFTS CENTER SECCOMBE LAKE PARK Distributed by letter dated May 19, 1975 19. PLAN OF DEVELOPMENT A RECONNAISSANCE OF THE CALIFORNIA THEATER FOR THE PERFORMING ARTS FOURTH STREET Distributed by letter dated May 20, 1975 20. PLAN OF DEVELOPMENT SAN BERNARDINO BICENTENNIAL AMPHITHEATER STATE COLLEGE PROJECT NO.4 Distributed by letter dated May 30, 1975 1 ...,j 21. PLAN OF DEVELOPMENT CAMPUS CRUSADE FOR CHRIST INTERNATIONAL EXECOTIVE ADMINISTRATION CAMPUS CONCEPT CENTRAL CITY NORTH Distributed by letter dated June 13, 1975 22. PLAN OF DEVELOPMENT PUBLIC ENTERPRISE CENTER MT. VERNON & HIGHLAND AVENUES STATE COLLEGE PROJECT NO. 4 Distributed by letter dated June 13, 1975 23. WASTEWATER COLLECTION REPORT FOR THE SOUTHEAST INDUSTRIAL PARKS TRANSPORTATION - DISTRIBUTION CENTER (WEST REDLANDS - LOMA LINDA - VETERANS ADMINISTRATION HOSPITAL) Distributed by letter dated June 13, 1975 24. WASTEWATER COLLECTION REPORT FOR THE STATE COLLEGE PROJECT NO.4, INCLUDING THE BICENTENNIAL AMPHITHEATER Distributed by letter dated June 13, 1975 25. IMPLEMENTATION OF THE OVERALL CENTRAL CITY PLAN OF DEVELOPMENT SUMMARY OF OFFICIAL DOCUMENTATION AND REPORTS DISTRIBUTED AND 60,005-1-6 2 ,..., I ~ % I ....J 4576 3/15/77 ,... L MADE A V AlLABLE BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO Distributed by letter dated July 3, 1975 26. PLAN OF DEVELOPMENT OVERALL CENTRAL CITY CENTRAL CITY TRANSPORTATION CENTER FIFTH AND "D" STREETS Distributed by letter dated July 18, 1975 27. IMPLEMENTATION OF THE PLAN OF DEVELOPMENT OVERALL CENTRAL CITY INTERIM REPORT SUMMARY OF OFFICIAL DOCUMENTATION FOR LAND ACQUISmON VOLUMES I AND II Distributed by letter dated July 21, 1975 28. LETTERS OF SUPPORT AND RECOGNmON OF THE PLAN OF DEVELOPMENT OVERALL CENTRAL CITY AREA AND PUBLIC ENTERPRISE Distributed by letter dated August 4, 1975 29. PLAN OF DEVELOPMENT SAN BERNARDINO CENTRAL CITY FIRE STATION Distributed by letter dated August 6, 1975 30. PLAN OF DEVELOPMENT SAN BERNARDINO PUBLIC SAFETY B1JILDING Distributed by letter dated August 8, 1975 31. REDEVELOPMENT REPORT CENTRAL CITY SOUTH OVERALL CENTRAL CITY AREA Distnouted by letter dated August 11, 1975 32. SAN BERNARDINO COUNTY AIRPORT AS A DEVELOPMENT OF THE COUNTY AIR TRANSPORTATION SYSTEM Distributed by letter dated August 12, 1975 33. REDEVELOPMENT REPORT SOUTHEAST INDUSTRIAL PARK INDUSTRIAL - TRANSPORTATION - DISTRIBUTION CENTER Distributed by letter dated August 13, 1975 34. PLAN OF DEVELOPMENT SAN BERNARDINO TRANSIT SYSTEM MAINTENANCE CENTER Distributed by letter dated August 14, 1975 35. REDEVELOPMENT REPORT CENTRAL CITY EAST THE CITY, COUNTY, STATE, FEDERAL CIVIC CENTER COMPLEX OVERALL CENTRAL CITY AREA Distributed by letter dated August 15, 1975 ,. .... "..... """"'" 60,005-1-6 3 4577 3/15/77 36. REDEVELOPMENT REPORT CENTRAL CITY NORTH OVERALL CENTRAL CITY AREA (UPDATE 1975) Distributed by letter dated August 18, 1975 37. PLAN OF DEVELOPMENT CENTRAL CITY LmRARY Distributed by letter dated August 21, 1975 38. PLAN OF DEVELOPMENT SAN BERNARDINO MUNICIPAL SERVICE CENTER Distributed by letter dated August 21, 1975 39. PLAN OF DEVELOPMENT CENTRAL CITY MALL CIVIC-PERFORMING ARTS-EXHIBIT HALL COMPLEX FUNCTIONAL AND ECONOMIC RELATIONSHIPS OF THE PRIVATE AND PUBLIC CAPITAL IMPROVEMENTS AND OVERALL SECURITY SYSTEM Distributed by letter dated August 22, 1975 40. PLAN OF DEVELOPMENT A SUMMARY OF PARKING REQUIREMENTS PORTION OF THE OVERALL CENTRAL CITY AREA SAN BERNARDINO, CALIFORNIA Distributed by letter dated August 25, 1975 41. CENTRAL CITY WEST FIFTH AND MOUNT VERNON COMMUNITY CENTER PRELIMINARY DEVELOPMENT PLANS ALTERNATIVE A AND ALTERNATIVE B Distributed by letter dated September 3, 1975 42. CENTRAL CITY EAST-THE CITY, COUNTY, STATE, FEDERAL CIVIC CENTER COMPLEX TENTATIVE ACTION SCHEDULE AND DOCUMENTATION FOR ADOPTION OF A RE- DEVELOPMENT PLAN Distributed by letter dated September 15, 1975 43. CENTRAL CITY SOUTII TENTATIVE ACTION SCHEDULE AND DOCUMENTATION FOR ADOPTION OF A RE- DEVELOPMENT PROJECT Distributed by letter dated September 15, 1975 44. SOUTHEAST INDUSTRIAL PARK INDUSTRIAL - TRANSPORTATION - DISTRmUTION CENTER TENTATIVE ACTION SCHEDULE AND DOCUMENTATION FOR ADOPTION OF A RE- DEVELOPMENT PLAN Distributed by letter dated September 15, 1975 45. PLAN OF DEVELOPMENT YMCA CAPITAL DEVELOPMENT PROGRAM SECCOMBE LAKE PARK Distributed by letter dated August 26, 1975 46. PLAN OF DEVELOPMENT YWCA CAPITAL DEVELOPMENT PROGRAM SECCOMBE LAKE PARK Distributed by letter dated August 27, 1975 1 -J -, ! 11 ....J 60,005-1-6 ~ 1 1 I ......J 4 4578 3/15/77 ",... 47. CENTRAL CITY EAST-THE CITY, COUNTY, STATE, FEDERAL CIVIC CENTER COMPLEX OFFICIAL REDEVELOPMENT PLAN DRAFr Distributed by letter dated September 8, 1975 48. CENTRAL CITY SOUTH .... OFFICIAL REDEVELOPMENT PLAN DRAFr Distributed by letter dated September 8, 1975 49. SOUTHEAST INDUSTRIAL PARK INDUSTRIAL - TRANSPORTATION - DISTRIBUTION CENTER OFFICIAL REDEVELOPMENT PLAN DRAFr Distributed by letter dated September 8, 1975 50. STATE COLLEOE PROJECT NO.. 4 REDEVELOPMENT REPORT UPDATE - 1975 Distributed by letter dated September 12, 1975 51. STATE COLLEGE PROJECT INDUSTRIAL - CONSERVATION - RECREATIONAL GENERAL PUBLIC WORKS CAPITAL IMPROVEMENT AND TAX INCREMENTAL IN- COME AND TAX ALLOCATION BONDING CAPACITY ANALYSIS 1975 -1980-1985 AND IMPROVEMENT SCHEDULES UPDATED 1975 Distributed by letter dated September 16, 1975 52. SOUTHEAST INDUSfRIAL PARK INDUSTRIAL - TRANSPORTATION - DISTRIBUTION CENTER GENERAL PUBLIC WORKS CAPITAL IMPROVEMENTS AND TAX INCREMENTAL IN- COME AND TAX ALLOCATION BONDING CAPACITY ANALYSIS 1975 -1980-1985 AND IMPROVEMENT SCHEDULES UPDATED 1975 Distributed by letter dated September 16, 1975 "".... -- 53. OVERALL CENTRAL CITY CENTRAL CITY, MEADOWBROOK, CENTRAL CITY NORTH, CENTRAL CITY SOUTH, CENTRAL CITY EAST GENERAL PUBLIC WORKS CAPITAL IMPROVEMENTS STATEMENT OF MUTUAL BENEFITS AND TAX ALLOCATION BONDING CAPACmES ANALYSIS BY PROJECT AREA, SAN BERNARDINO OVERALL CENTRAL CITY 1958 - 1975 - 1985 AND IM- PROVEMENT SCHEDULES UPDATED 1975 Distributed by letter dated September 16, ,1975 54. REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ANNUAL REPORTS 1969 - 1970 - 1971 - 1972 - 1973 - 1974 - 1975 AND ECONOMIC ANALYSIS OF THE COM- PREHENSIVE PLAN OF DEVELOPMENT - OVERALL CENTRAL CITY AREA 1958- 1980 - 1985 Distributed by letter dated October 1, 1975 ".. i .... 60,OOS.1-6 5 , J .....I ~ 1 , 1 ....J ~ I : J 4579 AUTHORIZATION TO OPEN CHECKING ACCOUNT AT BANK OF CALIFORNIA r '- Mr. Green stated that he felt the Memo for Board perusal was self-explanatory, and the following Resolution was then adopted: RESOLUTION NO. 3361 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A BANK ACCOUNT WITH BANK OF CALIFORNIA, ENTITLED CENTRAL CITY PARKING DISTRICT. WHEREAS, the City of San Bernardino adopted Ordinance No. 3589 and Resolution No. 12565 creating the Central City Parking District; and WHEREAS, due to the adoption of this District, it is necessary to establish a bank account fo the transaction of the Central City Parking District. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby approve the establishing of a bank account with Bank of California, entitled Central City Parking District Redevelopment Fund. ,- Motion made to adopt Resolution No. 3361 by Guhin and seconded by Stephenson. Motion carried by the following vote, to wit: Ayes: Blum, Hinojosa, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: Obershaw and Wilson. -...... Mr. Baker inquired as to the method of choosing the selected bank. Mr. Green referred the matter to Mrs. Saul, Agency Director of Finance, who informed Mr. Baker that we prefer to use the Bank of California because they give us excellent service, cooperation and service our accounts at no expense to the Agency. CONSTRUCTION OF LEAD AND SPUR TRACKS-ATCHISON, TOPEKA & SANTA FE RAILWAY r-- L Mr. Shadwell explained to the Board that the Disposition Agreement between Huntley Properties and the Agency obligates the Agency to construct rail services to Lifetime Foam Products, Inc. Railroad procedures require that any rail construction be accomp- lished by railway employees only, within their own right of way. The contract between the Agency and the Railroad includes a lead track of 459 feet plus two switches and a spur track of 153 feet at a cost to the Agency of $47,445. However, the contract will also provide a Refund Agreement for lead track usage of $5.00 or $10.00 per box car over a 10 year period, subject to the destination of the box car. There must also be an appli- cation for a Franchise to cross Victoria Avenue prepared by Santa Fe and presented to City of San Bernardino for approval. After Santa Fe secures the Franchise from the City they will then present the matter to P . U . C. who will specify crossing protection require- ments. Additional rail construction beyond the right of way will then be advertised for bid to private railroad contractors at a later date. Mr. Shadwell also explained to the board that there are only 7 contractors who can do this particular type of work. With the Refund Agreement, the Agency will, in time, receive some of their money back, however, the amount is undetermined at this time. The following Resolution was then adopted: 4580 RESOLUTION NO. 3362 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY FOR AN AMOUNT NOT TO EXCEED $47,445.00. ... B ....., WHEREAS, the Disposition Agreement between the Agency and Huntley Properties obli- gates the Agency to the construction of rail services to Lifetime Foam Products, Inc. The planning for the tracks and off-site improvements are now far enough along to en- ter into contract with Santa Fe to construct a portion of the trackage; and WHEREAS, railroad procedures require that any rail construction be accomplished by railway employees within their own right of way. This initial contract includes a lead track of 459 feet plus two switches and a spur track (industry track) of 153 feet at a cost to the Agency of $47,445.00. The contract will also provide a Refund Agree- ment for lead track usage of $5.00 or $10.00 per box car over a 10 year period, sub- ject to the destination of the box car. Lead trackage and underlying right of way must be dedicated to Santa Fe; and WHEREAS, the application for Franchise to cross Victoria Avenue will be prepared by Santa Fe and presented to the City of San Bernardino for approval; and WHEREAS, Santa Fe secures the Franchise for the street crossing from the city; and ... WHEREAS, Santa Fe will then present the matter to the P. U .C. who will specify cros- ....., sing protection requirements. Additional rail construction beyond the right of way will be advertised for bid to private railroad contractors at a later date. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino that the Chairman and Secretary be authorized to enter into contract with Atchison, Topeka and Santa Fe Railway Company for an amount not to exceed $47,445.00. Motion made to adopt Resolution No. 3362 by Stephenson and seconded by Guhin. Motion carried by the following vote, to wit: Ayes: Blum, Hinojosa, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: Obershaw and Wilson. TAX INCREMENT RESOLUTION Mr. Green requested that this matter be continued until the next board meeting of April 7, 1977. Mr. Stephenson inquired why and was informed that the Agency had informed the Board of Realtors that the Resolution would be re-written in verbage more easily understood. Motion made to continue the matter until April 7, 1977 by Blum and seconded by Guhin. Motion carried by the following vote, to wit: Ayes: Blum, Hinojosa, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: Obershaw and Wilson. ~ "-'" [ ,- .... r L- 4581 ADOPT MOTION EXTENDING J ASKA DISPOSITION AGREEMENT Mr. Shadwell stated that due to environmental requirements connected with the. construct- ion of the paint factory, Mr. Jaska is requesting an extension from April 1, 1977 to June 1, 1977. Mr. Jaska expects to close escrow prior to June 1st, however, he is requesting the additional time in case other unexpected delays are encountered. The plans are already in the process of being plan checked by the City. Motion made by Stephenson and seconded by Blum to approve extenion of close of escrow for Martin J . J aska, Inc. , from April 1, 1977 to June 1, 1977. Motion carried by the following vote, to wit: Ayes: Blum, Hinojosa, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: Obershaw and Wilson. OTHER BUSINESS: Mr. Green read aloud to the Board the following letter: Kiwanis Club of Greater San Bernardino March 30, 1977 Mr. R. E. Shadwell, Jr. Executive Director Redevelopment Agency City Hall 300 North D Street San Bernardino, CA 92418 Dear Mr. Shadwell: The Kiwanis Club of Greater San Bernardino would like to request your assistance by al- lowing us to locate our Fireworks Booth on the corner of Fifth and Mt. Vernon (attach- ment No.1) as in the past. All our profit will be allocated for community projects i. e. Youth Groups, Senior Citizens, etc. We would like to operate this stand from June 27 through July 4, 1977. lor a represent- ative from Kiwanis, will be available for any questions you or your Board of Directors might have of our organization at your next Board meeting. Anticiapting your assistance in this worthwhile community project, we wish to thank you for considering this request. Respectfully, /s/ Hiram Diaz Chairman, Fireworks Project HD:ms 4582 Mr. Green then stated that it was his thinking, that at this particular time, it would be very unappropriate for the Board to grant the request. The location requested is in the -, Central City West Project and Mr. Green felt that the request might hamper the develop- I ment expected to be commenced at the time defined in the letter. Mr. Green suggested ...J that Mr. Diaz might want to consider coming back before the Board at a later date when at such time the Board would be in a better position to know what or when construction would be going on. Mrs. Blum stated that she concurred with Mr. Green I s feeling on the subject. Mr. Green then stated that perhaps some space could be allocated for the stand on Mt. Vernon and Spruce. Mr. Green also assured Mr. Diaz that the Agency would help in any way possible for a location for the stand. Mr. Diaz stated that he fully understood the Board's position and would appreciate any help that the Agency might be able to give his club and that he couldn I t ask for anything more. Mr. Green then advised Mr. Diaz to contact the Economic Development Council at a later date for assistance. Mrs. Blum then requested time to inform the board that Mrs. Thelma Press had been desi- nated liason for Expo 81 and that she (Mrs. Blum) feels it would be a direct benefit for the Board if Mrs. Press came to a meeting and made a presentation of the impact that Expo 81 will have for the City of San Bernardino. Mrs. Blum stated that she feels the hotel is vital. Mrs. Blum then inquired as to the status of the Penney Co. Building and was informed that Vanir Research still has an exclusive option on the building of approxi- mately 45 days left. Mrs. Blum then inquired if the Agency could advertise in the Wall Street Journal because of Expo 81. She then referred to the expansion of Spokane, Washington because of their Expo. Mr. Green informed Mrs. Blum that he felt it would -, not be appropriate for the Agency to negotiate or advertise at this time because of the exclusive option held by Vanir Research Co. After the option runs its due course of time, then the Agency could act on further negotiations and/or advertisement. The quest- ion was raised if the Agency could advertise property that the Agency owns and Agency Counsel advised that yes, the Agency could do just that. -.J Mr. Hicks, representing Vanir Research then stated that he feels very confident that Vanir Research will put a development together for the building. Motion made to adjourn at 3: 55 by Stephenson and seconded by Blum. by the following vote, to wit: Ayes: Blum, Hinojosa, Stephenson, Noes: None. Abstention: None. Absent: Obershaw and Wilson. ~1: R. E. Shadwell, Jr. 7 Executive Director Motion carried Guhin and Green. b/ ~ i ......I 4582 ,..., MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, 300 NORTH "D" STREET, SAN BERNARDINO, CA., HELD APRIL 7,1977 at 3: 00 p.m. Chairman Green called the meeting to order at 3: 10 p . m . ... Roll Call showed the following: AGENCY MEMBERS PRESENT: Obershaw, Wilson, Guhin and Green. AGENCY MEMBERS ABSENT: Blum, Hinojosa and Stephenson. ALSO PRESENT: Ralph Shadwell, Jr., Executive Director, Wm. A. Flory, Agency Counsel and Barbara Brown, Executive Secretary. APPROVAL OF THE MINUTES: The Minutes of March 10,1977 were submitted for approval. Motion to approve Minutes of March 10, 1977 made by Wilson and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Obershaw, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Blum, Hinojosa and Stephenson. The Minutes of March 17,1977, with correction shown on page 2, submitted for approval. Mr. Obershaw inquired what the correction was and Mr. Green informed him that the word "bid" had been used, when in fact, the word "proposal" should have been used. Motion then made to approve the Minutes of March 17, 1977 by Obershaw and seconded by Guhin. Motion carried by the following vote, to wit: Ayes: Obershaw, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Blum, Hinojosa and Stephenson. "....... ........ RESOLUTION AUTHORIZING SETTLEMENT OF HUD AUDIT FINDINGS-November 1, 1971 THROUGH June 30, 1975. Mr. Green explained to the Board that the Mayor and the Agency Staff did a fine job on this line item. Without further discussion, the following Resolution was adopted: RESOLUTION NO. 3363 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE PAYMENT OF $495,857 INTO THE HUD R-79 PROJECT EXPENDITURES ACCOUNT TO CLEAR FINDINGS REMAINING ON HUD AUDIT REPORT DATED OCTO- BER 31, 1975, PERMITTING CLOSEOUT OF THE CENTRAL CITY PROJECT, CALIF. R-79 AND APPROVING THE CLOSEOUT SCHEDULE, AS STATED IN HUD LETTER DATED MARCH 25, 1977. WHEREAS, on May 23, 1973, in a letter addressed to the Mayor, HUD proposed three options for the City and Agency to consider regarding the Central City Project, Calif. R-79; and ,.- I I '- WHEREAS, Option "A" would have obligated the City and Agency to make an assurance that all funds would be available on demand to cover the local obligation; Option "B" provided that the community would seek a solution to have funds available by the closeout of the project; and Option "C" in effect indicated that in the event Option "A" or "B" were not selected by the City and Agency, that no amendatory application would be considered; and 4583 WHEREAS, inasmuch as the amendatory involved an increase in Federal grant of approximately $4,500,000 both the City Council and the Agency Board determined that .. Option "B" as contained in the letter of May 23, 1973 was the most logical approach ..~ and submitted to HUD their acceptance of said Option "B"; and I ..., WHEREAS, the Department of Housing and Urban Development then conducted an audit of the Central City Project, resulting in an Audit Report for the period November 1, 1971 through June 30, 1975; and WHEREAS, out of this audit came the Preliminary Six HUD Audit Findings; and upon review of these Preliminary Audit Findings and the Redevelopment Agency's replies, HUD by Memorandum dated October 17, 1975, submitted their Revised Findings, which eliminated Findings 3 - 6, leaving only 1 and 2 open; and WHEREAS, a letter from HUD, Los Angeles, dated February 10, 1977 stated that Audit Finding No.1 would be satisfied with the deposit of $251,103 in the HUD Central City Project Expenditures Account from Local Non-Federal funding sources; and that Audit Finding No.2 would be satisfied upon a deposit of $3,873.53 from Local Non- Federal Funding; and WHEREAS, in order to satisfy the interest amount, HUD requires that the Agency deposit $240,881.00 from Local Non Federal funds into the HUD Project Expenditures Account; and WHEREAS, by letter dated March 25, 1977, address to Mayor Holcomb, HUD sets forth a close out schedule of events for the deposit of these funds, which letter was carefully reviewed by the Redevelopment Agency and determined to be to the best advantage of the Agency and the City; and ~ ~ ....J WHEREAS, the Common Council of the City of San Bernardino, on April 4, 1977, authorized the Redevelopment Agency of the City of San Bernardino to pay $495,857 into the HUD Project Expenditures Account to clear findings remaining on HUD Audit Report dated October 31, 1975, permitting closeout of the Central City Project, and approved the closeout schedule, as stated in HUD letter dated March 25, 1977. NOW, THEREFORE, BE IT RESOLVED that the payment of $495,857 into the HUD R-79 Project Expenditures Account to clear findings remaining on HUD Audit Report dated October 31, 1975 is hereby approved, permitting closeout of the Central City Project, Calif. R-79. BE IT FURTHER RESOLVED that the Closeout Schedule as stated in HUD's letter of March 25, 1977 is hereby approved. Motion made to adopt Resolution No. 3363 by Obershaw and seconded by Wilson. Motion carried by the following vote, to wit: Ayes: Obershaw, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Blum, Hinojosa and Stephenson. ~ .....i 4584 TRAVEL POLICIES ,.... ~ Mr. Obershaw inquired what the present mileage was and was so informed. The fol- lowing Resolution was then adopted: ~ RESOLUTION NO. 3364 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING CERTAIN POLICIES ON TRAVEL EXPENSES OF ITS MEMBERS, EXECUTIVE DIRECTOR, LEGAL COUNSEL, OTHER OFFICERS AND EMPLOYEES OF THE REDEVELOPMENT AGENCY AND CITY OFFICIALS OF THE CITY OF SAN BERNARDINO , TRAVELING ON OFFICIAL BUSINESS OF THE AGENCY AND RESCINDING RESOLUTION NO. 3184, PRE- VISOUSLY SETTING FORTH SAID POLICY WHEREAS, Resolution No. 3184 of the Redevelopment Agency, adopted April 1, 1976 established certain policies on travel expenses; and WHEREAS, the City of San Bernardino by its adoption of Resolution No. 12715 revised their basic travel policy, amending "mileage allowance reimbursable"; and WHEREAS, in keeping with Agency policies the Redevelopment Agency desires to "..... rescind Resolution No. 3184 and provide for travel policies through an adoption of a new resolution, increasing the "mileage allowance reimbursable" as set forth ""- in the City's adopted policy. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Redevelopment Agency determines that the governing factor in authorizing travel for official business of the Agency is the anticipated benefits to accrue to the Agency as a result of such travel, the availability of funds, and the status of work load; and 2. Each trip of Agency Member, Executive Director, and other officers and employees of the Agency and City, to a destination outside of the City of San Bernardino, with the exception of an official trip to the Los Angeles area which does not exceed two (2) days, be specifically authorized by a resolution of the Members of the Agency approving such trip; 3. It is in the best interest of the Redevelopment Agency that employees be authorized to use their private automobiles on official Agency Business, and it is appropriate that employees be so reimbursed for their expenses in connection with such use, as follows: ,.... L a. Fifteen cents ($ .15) per mile for the first five hundred (500) miles traveled per month. b. Fourteen cents ($.14) per mile for all mileage traveled between five hundred (500) and one thousand 0,000) miles per month. c. Twel ve cents ($ .12) per mile for all mileage tr ' 1 d . f h ave e In excess 0 one t ousand 0,000) miles permonth 4585 d. Requests for mileage reimbursement shall be made on form SBRDA -16, Mileage Record, provided by and in accordance with procedures established herein. All requests shall be signed by the person request- ing reimbursement and approved by the Executive Director. -, i\ !l J ....,l e. Mileage reimbursement shall be made only for mileage actually traveled in conduct of Agency business. Mileage traveled by an employee be- tween his residence and his principle base of operations shall be speci- ficall y excluded. 4. A travel day is defined as absence from the City of San Bernardino on authorized business of the Agency for a period of time in excess of ten hours in anyone day. 5. Official conference registration fees will be paid by the Redevelopment Agency. While traveling to and from conferences and meetings exceeding the limitations speci- fied in "4" above, air, train, or bus transportation expenses will be reimbursed or advanced based on an amount not to exceed coach rates. Authorized personal auto- mobile travel to destinations exceeding 100 miles radius from the City of San Bernardino shall be reimbursed at the equivalent coach class air fare. 6. While in attendance at conferences or meetings, all expenses, including but not limited to lodging, meals, telephone and telegraph, taxi and/or bus charges from point of arrival to conference destination, and other incidental expenses may be reimbursed, provided, however, the maximum reimbursement for meals shall not exceed $50.00 in anyone travel day. ,., 1 ....J 7. Requests for travel expenses reimbursement shall be made on form SBRDA-17, Travel Expense Voucher, provided by and in accordance with the procedures estab- lished herein. This form will be submitted no later than fifteen (15) working days fol- lowing return from authorized travel. All requests shall be supported by receipts for hotel rooms; air, railroad fare receipts; registration fees; etc. All requests shall be signed by the person requesting reimbursement and shall be approved by the Executive Director. 8. Advance travel funds may be authorized with the approval of the Executive Dir- ector or Deputy Director, for these official Agency trips in excess of one (1) travel day. When an advance of funds for authorized travel or conference expense is greater than the actual reimbursable expense incurred, the difference shall be refunded to the Agency within fifteen (15) days after return. 9. All travel costs in excess of the Executive Director's authority must have the approval of the Agency Board. 10. Resolution No. 3184, adopted April I, 1976, is hereby rescinded. ] [ r I '-' ",.... '-' 4586 Motion made to adopt Resolution No. 3364 made by Wilson and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Obershaw, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Blum, Hinojosa and Stephenson. TAX INCREMENT RESOLUTION Mr. Green explained to the Board that Mr. Flory and Mr. Shadwell are still working on the Resolution, but it .be ready for Board perusal April 21,1977. However, Legal Counsel is requesting the item be continued until the next board meeting, which will be held April 21, 1977. Motion made to continue Tax Increment Resolution by Wilson and seconded by Guhin. Motion carried by the following vote, to wit: Ayes: Obershaw, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: Blum, Hinojosa and Stephenson. AWARD CONTRACT TO KRUEPER ENGINEERING FOR PROFESSIONAL ENGINEERING SERVICES, SENIOR CITIZEN HOUSING, CENTRAL CITY NORTH. Mr. Green explained to the Board that the original engineering estimate for the work was $18,000. The Agency received three proposals with Krueper Engineering I s prop- osal the lowest and best figure in the amount of $8,722.00. The high figure received was in the amount of $14,050. Mr. Wilson inquired where the high estimate figure came from and was informed that the developer figured the estimate. The following Resolution was then adopted: RESOLUTION NO. 3365 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH KRUEPER ENGINEERING & ASSOCIATES FOR PROFESSIONAL SERVICES FOR SENIOR CITIZEN HOUSING-CENTRAL CITY NORTH. WHEREAS, due to the terms of the Disposition Agreement between the Redevelopment Agency and Alexander/Weissman the Agency is obligated to pay for certain costs; and WHEREAS, Professional Engineering Services fall within the realm of these costs; and WHEREAS, three proposals were submitted to the Agency with the proposal from Krueper Engineering & Associates being the lowest and best proposal. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino authorize the Chairman and Secretary to enter into Contract with Krueper Engineering & Associates for Professional Services in an amount not to exceed $8,722.00. Motion made to adopt Resolution No. 3365 by Wilson and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Obershaw, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Blum, Hinojosa and Stephenson. 4587 PRESENTATION FROM INVESTMENT PROPERTIES, INC. Mr. Green refers to the property in question and at the onset of the presentation states ] ................ that the Agency Board had previously approved a Predisposition Agreement with Cresta, Linda, however, said Agreement was not approved by the City Council, hence it is now in abeyance. Mr. Green further stated that he feels we should receive this new Offer and then make contact with Cresta Linda in order to find out the status of their proposed development. After contact with Cresta Linda the Agency can then schedule a Public Hearing for the Investment Properties, Inc. development. Mr. Ted Beresford and Mr. Jon Vincent, partners in Investment Properties, Inc., are introduced to both the Agency Board and the audience. Mr. Beresford made the follow- ing presentation. The development will be comprised of a net rentable two story structure of 24,000 sq. ft. The structure will be owner-participant tenant office space, with health club, racquet ball court, sauna, jacuzzi etc. Both men and women will be able to use the facilities. The developers have a tentative 80-90% owner occupancy at this time. They will also have more than adequate parking for both the area and the structure. The developers now have a tenative unnamed anchor tenant. They also have tentative 50-75% occupancy. Mr. Wilson inquired as to the total cost of the project and was in- formed $800,000 to $1,000,000. Mr. Beresford cautioned the Board this was estimate only. Mr. Green informed the Board that Investment Properties, Inc. , are asking for no Tax Increment assistance, nor are they asking for a Finder's Fee. Mr. Obershaw inquired if the price they were submitting was close to the actual acquisition cost. Mr. Shadwell explained that this ownership cost 4145,000 or $1. 75 per sq. ft. The property that -, the proposed development is to locate on is comprised of three parcels that the Agency paid $86,625 for and that the Agency must payoff the whole ownership. The Agency __ presently owes $123,150 on the five parcels. The developer is offering to buy the three parcels for $50,000. Mr. Green stated that the taxes that would be generated from the development in approxi- mately 5 years would payoff the total cost. Mr. Wilson then inquired if anybody had spoken with Mr. Leonard regarding his Cresta Linda development. Mr. Green stated that he understood that Mr. Leonard would like to meet with his clients and then make contact with the Agency. Mr. Wilson stated that it is his feeling that before we proceed with the new development, the Agency should contact Mr. Leonard. Mr. Leonard arrived at the meeting at 3: 33 p.m. and addressed the Board by stating that he feels his clients would like to go ahead with the previous proposal. Mr. Leonard will contact his clients as soon as possible and notify the Agency of their decision. Mr. Obershaw stated that he feels the Agency should be paid the entire acquisition cost. Mr. Beresford informed Mr. Obershaw that if you figure the Finder's Fee plus Tax Increment, the figures would in all probability come out approximately the same. Mr. -, Obershaw then stated that he would like to continue the matter for 2 weeks. Mr. Beresforl stated that they would like to go ahead on their development as soon as possible, but continuing the matter for two weeks would not endanger their project and was agreeable .....tfI to Mr. Obershaw's request. Motion made to continue matter until April 21, 1977 by [ 4588 Wilson and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Obershaw, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Blum, Hinojosa and Stephenson. Mr. Obershaw took the opportunity to voice his displeasure over the unfavorable publi- city the Agency is receiving because of Rocky Greenestone. He further stated that he personally was in favor of filing a law suit against Mr. Greenestone. The matter was refer- red to Wm. A. Flory, Agency Counsel who advised that in his opinion the Agency should not do anything about the matter. Mr. Green informed Mr. Obershaw that he felt the news media handled the Council Meeting with Mr. Greenestone very fairly and that all the Council did was to listen to him and then vote to turn the matter over to the Grand Jury, where the matter can be cleared up once and for all. Motion made to adjourn by Wilson and seconded by Guhin. Motion carried by the follow- ing vote, to wit: Ayes: Obershaw, Wilson, Guhin and Green. Noes: None. Abstent- ion: None. Absent: Blum, Hinojosa and Stephenson. , ,...... R. E. Shadwell, Jr. Executive Director '--' ,.... i I i ~ bl " ....tIll --- -..II ~ ......I 4589 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, 300 NORTH "D" ,... STREET, SAN BERNARDINO, CA. , HELD APRIL 21, 1977. i f ; Chairman Green called the meeting to order at 3: 10 p.m. ....., Roll Call showed the following: Agency Members Present: Blum, Obershaw, Hinojosa and Green. Agency Members Absent: Wilson, Stephenson and Guhin. APPROV AL OF MINUTES: The Minutes of March 31, 1977 were submitted for appl'oval. Motion made to approve said Minutes by Green and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa and Green. Noes: None. Abstention: None. Absent: Wilson, Stephenson and Guhin. The Minutes of April 7, 1977 were submitted for approval. Motion made to approve said Minutes by Green and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Obershaw, Hinojosa and Green. Noes: None. Abstention: Blum. Absent: Wilson, Stephenson and Guhin. r"'" Mr. Green explained to the Board and the audience that while he did not want to set a precedent, he would like to request the Board's indulgence in allowing Frank Dominguez of Vanir Research Company to make a presentation inasmuch as it was not an Agenda Item. No objections were voiced and Mr. Green then read aloud the following letter: liioo.- Vanir Research Co. April 15, 1977 Redevelopment Agency City of San Bernardino 300 North "D" Street San Bernardino, California Re: Offer to Purchase - J. C. Penney Building Dear Mr. Chairman: The terms and conditions of the accompanying Offer are based solely on the objective of eliminating any direct financial liabilities to the Redevelopment Agency regarding the above mentioned property and using private investment capital to make feasible the re- development of the Penney Building and provide for the completion of the forgotten ~ of the Downtown San Bernardino Redevelopment project. I..., As an inducement to relocate Penneys into the Downtown Central City Mall, the Redevelop- ment Agency has substantially over paid for their old facility. The purpose of this state- ment is strictly a basis of fact and is not intended to rehash the various past acquisitions of the Redevelopment Agency which have been criticized from time to time by the general public. The most recent comparable sale available to us in computing the value of the ,... 4590 Penney Building is the Andreson Building, which contains approximately 65,000 square feet of office space, and sold for a price of $350,000 on August 6,1976. ..., Our Offer is conditioned on, that a portion of the purchase price be paid to the existing trustee holders and that the balance of the Note be renegotiated to the extent that the security thereof and repayment thereof be based on the tax incre- ment improvements being created by the proposed development. " :~ -" The proposed development will substantially conform with the rendering as shown here today, and will cost approximately $ 1 million dollars for the improvements. It should be noted, that additional tax increment may be expected from the improve- ments surrounding the Penney Building, also shown on the rendering; and with the cooperation of the Agency and the City, our company is prepared to also proceed with the development of the adjacent buildings and their improvements. Page Two The final results of our development will do the following: 1. Revitalize the "forgotten" portion of Downtown Redevelopment. 2. Relieve the Redevelopment Agency of any further financial liabilities on the Penney Building. 3. Establish once and for all, the centralizing of Social Security Offices in Downtown San Bernardino. .... .....IIi 4. Place the Penney Building property back on the tax rolls; (this property is pre- sently tax exempt and not contributing its fair share towards the cost of municipal services and Redevelopment) . 5. Immediately correct a seriously blighted area in our downtown. Your careful consideration and acceptance of this Offer will prove most beneficial to the City, Redevelopment Agency and Taxpayers of our Community. Very truly your s , V ANIR RESEARCH COMPANY /s/ H. Frank Dominguez HFD: dr Attachment: Offer to Purchase ",..., ......,J [ r L "...., ..... 4591 Mr. Guhin arrived at 3: 15 p.m. Mr. Green advised the Board that a Good Faith Deposit Check in the amount of $1,000 was attached to the letter and Offer to Purchase from Vanir Research Co. Mr. Dominguez addressed the Board. He stated that he was very confident that the Social Security Offices would be relocating into the Penney Building, as it is the only place where they can relocate in the downtown area. Mr. Dominguez then referred to three new Federal Laws that will help certain blighted area. Mr. Stephenson arrived at 3: 22 p . m . Mr. Dominguez further advised the Board that he plans to improve the structure to a value of 1 Million Dollars, and referred to an artist's rendering. He further stated to the Board that he would like to be able to buy more property at a later date, particularly the vacant parcel immediately south of the Penney Co. Building. Mr. Green then advised the Board that the rendering etc. , had already been presented to the Council, excepting the Offer to purchase. Mr. Obershaw then inquired of Mr. Dominguez if he did, in fact, have a tenant. Mr. Dominguez again stated that he was confident that Social Security would house in the structure. Mr. Obershaw then inquired what the cost of the Penney Building was and Ms. Saul, Agency Director of Finance, informed him that the Agency paid $782,000 for the building, with $117,300 downpayment and a balance due of $664,700. At this time, Mr. Green stated that he would like to appoint a committee to consider the Offer and continue the matter until the next board meeting, where a recommendation would then be submitted to the Board. A Mr. Richard Rice interjected his feelings on the matter at this time, and wondered why the Agency was not following the Plan of Development and using Penney Co. for the Police Dept. Mr. Green informed Mr. Rice that the Agency cannot determine where the Police Dept. would relocate. Mrs. Blum informed Mr. Rice that the Board was not mak- ing any decisions or setting any policy. Mrs. Blum then made a motion seconded by Obershaw to appoint a committee to review and make a recommendation on Vanir Research's Offer to Purchase, reporting back to the full Board May 5, 1977. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: Wilson. Mr. Green then appointed the committee members, as follows: Wayne Stephenson, Chuck Obershaw and himself. Mr. Obershaw stated that he would be out of town for a few days making it difficult to meet prior to the May 5th Board Meeting. Mr. Shadwell then stated that perhaps the committee should report back on the May 19th meeting and all Board Members concurred without a vote being taken or the aforementioned motion amended. T AX INCREMENT RESOLUTION Mr. Flory, Agency Counsel explained to the Board that the reason for the delay in bring- ing this continued item back before the Board was because of the many legal ramifications involved. In reality, each individual developer and/or development would be handled 4592 differently and at the discretion of the Board. Mr. Stephenson voiced his concern over the validity of the Resolution and was informed that it was necessary that the Staff have at least some sort of guide line to go by, as each individual case is presented to them. After discussion the following Resolution was adopted: . ~ fu-'?,'. RESOLUTION NO. 3366 P /.3'" /1( t ~0 _) S - -; f ~\~c:;. ,; ., i -'" RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING IN ITS DISCRETION THE PROVIDING AND INSTALLATION OF NECESSARY ON AND OFF SITE IMPROVEMENTS TO DEVELOPERS AT A COST OF NOT MORE THAN FIVE YEARS TAX INCREMENTAL INCOME. WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, is desirous of attracting development to the City and for that purpose is willing to assist investors and developers in those cases where the development is not attracted by normal market factors and conditions without some inducement; and WHEREAS, it is the desire of the Redevelopment Agency, consistent with State Law and the basic intent of redevelopment as established by State Law, to encourage and foster development within redevelopment project areas by the installation of necessary on and off-site improvements, including, but not limited to, street lights, utilities, landscaping and site preparation to encourage investment and development; and WHEREAS, pursuant to State law there is no monitory limitation on assistance of this kind toward fostering development within proj ect areas and ... WHEREAS, it is the desire of the Agency to establish a policy of committing certain monies in support of these activities; and .....I WHEREAS, it is believed that the expenditure of tax incremental income for a five year period of time would be the proper upper limit of participation by the Agency for most industrial or commercial development in a redevelopment project area, but that such expenditure should be on a case to case basis and should not be as a matter of right, but a matter of discretion and then should be determined by the amount of new jobs created, the magnitude of the development and other factors which, in the opinion of the Agency, would benefit the City. NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1: The Redevelopment Agency does hereby establish a policy in its sole discretion of providing necessary on and off-site improvements to commercial or industrial developers within a project area at a cost of up to, but not exceeding five years tax incremental income derived and realized from the development, not as a matter of right, but on a case to case basis and then only determined by the amount of new jobs created, the magnitude of the development, the amount of the increased assessed value of the development and other factors which, in the opinion of the Agency, would benefit the City. ...., j ......J [ r- , '-- [ 4593 For the purposes of this Resolution, the Agency in computing and calculating tax incremental income to arrive at the agreed upon tax incremental income period shall take into consideration the interest which it is paying on its funds. SECTION 2: The expenditure of up to five years tax incremental income on any development shall be negotiated with the developer taking into consideration the future assessed value of the development, the number of jobs which will be created, the magnitude of the development and any other factors which, in the opinion of the Agency would benefit the City. SECTION 3: Any business, activity, concern, corporation or entity of any kind re- located from within the limits of the City of San Bernardino to any Redevelopment Project Area located within the limits of the City Hall shall receive tax increment assistance only to the extent that the new tax increment income derived and realized from the new development exceeds the real property taxes which are currently realized from the business being relocated. SECTION 4: For the purpose of this Resolution, the five year period mentioned in the preceeding sections shall commence on the 1st of March next following the filing of a Notice of Completion or the completion of the work of improvement, as determined by the Agency, or the issuance of a Certificate of Occupancy by the City, whichever occurs first and continue for five years from that date of March 1st. SECTION 5: If any developer at its cost installs the necessary on and off-site improve- ments hereinabove referred to, the Agency will enter into an agreement acceptable to the Agency to reimburse the developer, but only from the increased tax increment money generated by the particular development. If the Agency, from its funds, pays for the installation of the necessary on and off- site improvements hereinabove referred to, the Agency, at its discretion, may require the developer to enter into an agreement acceptable to the Agency to reimburse the Agency the interest which it is paying on its funds, plus three (3%) percent. SECTION 6: In computing the five year tax increment income, it shall not include tax increments realized from personal property. SECTION 7: In the event it is deemed of benefit to either the Agency or the City to pro- vide necessary on and off-site improvements for residential development, then it shall be the policy of the Agency to provide such improvements in support of residential development, upon the same basis as the policy herein adopted in relation to commer- cial and industrial property, subject, however, to the approval of the Mayor and Common Council and on a case by case basis. SECTION 8: If at any time during any five year period mentioned herein, and during the duration of any agreement between the Agency and a developer, the tax increment income for said period to the Agency is decreased for any reason, either by legislative changes or in any other manner, or for any other reason, the developer shall reimburse the Agency for the difference and shall agree in writing to do so. 4594 SECTION 9: Resolutions 3174, 3204 and 3331 and all other Resolutions or portions thereof in conflict with this Resolution are hereby rescinded; provided, however, that any Agreement with any developer entered into heretofore shall be honored by the Agency. -, Motion to adopt Resolution No. 3366 made by Obershaw and seconded by Guhin. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Guhin and Green. Noes: None. Abstention: Stephenson. Absent: Wilson. ..... PROPOSAL OF FBV INVESTMENT PROPERTIES, INCORPORATED. Mr. Wm. R. Leonard addressed the Board by formally withdrawing his client's former offer for the property now desired by F B V Investment Properties, Inc. located on the north side of 5th Street, between Mt. View and Sierra Way. Mr. Stephenson stated that he had spoken with their client and that it was also his understanding that they wished to withdraw their offer for the land. Mr. Ted Beresford then made his presentation to the Board for the land. They contem- plate a 24,000 sq. ft. net rentable structure plus a gym with full facilities. They have 80- 90% owner occupancy and parking will be more than adequate. Mr. Blum inquired how much the Agency paid for the property. Mr. Shadwell stated that we paid $145,000 for the property and that we still owe $123,250, however, the Agency will realize a $30,000 per year tax increment figure from the development. Mr. Obershaw stated that the price the developers are offering for the property, $50,000.00, is not enough and feels that the Agency should be able to get a more reasonable amount back, thus making the Agency's cash loss less substantial. .... ..... Mr. Green then stated to the Board that he personally feels the offer is viable. The 3 parcels in question are the only properties that are commercially zoned. Mr. Stephenson agreed with Mr. Green. Mis. Blum stated that she feels the Agency should be paid more money for the property. This development does not create new jobs and should not be treated as a new industrial type development that will bring in more employment. After discussion, motion was made to set a Public Hearing for May 5, 1977 at 3: 00 and to receive the Offer to Purchase from FBV Investment Properties, Inc. and to adopt the following Resolution: RESOLUTION NO. 3367 RESOLUTION OF THE REDEVELOPMENT AGENCY RECEIVING LETTER OF INTENT TO PURCHASE 135-092-20, 21 and 22, CENTRAL CITY EAST FROM FBV INVESTMENT PROPERTIES, INCORPORATED, DE- TERMINING THAT FBV INVESTMENT PROPERTIES, INCORPORATED IS QUALIFIED TO REDEVELOP SAID PARCELS OF LAND; THAT THE PROPOSED DEVELOPMENT IS NOT IN CONFLICT WITH THE ADOPTED EIR; AND AUTHORIZING THE PUBLICATION OF THE NOTICE OF PUBLIC HEARING. ~ WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, ....", [ r l '-- [ 4595 desires to dispose of certain parcels of land with the Central City East Redevelop- ment Project Area; and WHEREAS, the Agency has received a letter of intent to Purchase 135-092-20, 21 & 22, located on the north side of 5th Street, between Mt. View and Sierra Way, from FBV Investment Properties, Incorporated, for the development of a 24,000 sq. ft. two story office building plus a 1,360 sq. ft. gym; and WHEREAS, said letter of intent, dated April 4, 1977, states that the developers will waive all finders fees and tax increment assistance by the Redevelopment Agency; and WHEREAS, the Agency has evaluated the proposal received and has determined that a Public Hearing should be scheduled for the sale of this land and a formal Offer to Purchase form should be executed by the proposed developer, accompanied by a 5% deposit check. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby receive the verbal offer and letter of intent from FBV Investment Properties, Incorporated, for the purchase of Parcels 135-092-20, 21 and 22, Central City East, and does hereby determine that the proposed developer is qualifed to develop said parcel of land. BE IT FURTHER RESOLVED that the Secretary is hereby authorized to publish the Notice of Public Hearing to be held May 5, 1977, for the sale of said land to FBV Invest- ment Properties, Incorporated. BE IT FURTHER RESOLVED that prior to said Public Hearing, FBV Investment Properties, Incorporated must submit to the Redevelopment Agency a signed formal Offer to Pur- chase, accompanied by a deposit check in the amount of 5% of the purchase price of the land. BE IT FURTHER RESOLVED the the proposed development is not in conflict with the Environmental Impact Report adopted by the Redevelopment Agency on April 19, 1976 by Resolution No. 3193, and the Mayor and Common Council on April 19, 1976 by Resolution No. 12393. Motion made to adopt Resolution No. 3367 made by Stephenson and seconded by Guhin and setting a Public Hearing for 3: 00 p . m. May 5, 1977. Motion carried by the following vote, to wit: Ayes: Hinojosa, Stephenson, Guhin and Green. Noes: None. Ab- stention: Blum and Obershaw. Absent: Wilson. OTHER BUSINESS: SMOKING ORDINANCE. After discussion it was decided that the east side of the visitor's portion of the board room would be designated as the area for the smokers while the west side would be set aside for the non-smokers. Motion made by Blum and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: Wilson. 4596 After discussion it was then decided that the east side of the Board Member's portion of the Board Room would be the area designated for the non-smokers and the west side of the room for the smokers. Motion made by Obershaw and seconded by Stephenson. Motion carried by the following vote, to wi t: Ayes: Blum, Obershaw, Hinoj osa, Stephenson and Green. Noes: Guhin. Abstention: None. Absent: Wilson. " i '?, ...... Mr. Green then read aloud the following letter: Sprague, Milligan and Beswick Attorneys at Law April 19, 1977 Redevelopment Agency of the ,City of San Bernardino 300 No. "E" Street San Bernardino, CA 92401 Gentlemen: Please be advised that this office represents the interests of Al Milligan, Vice-President of Western Thrift and Loan, whose corporation recently acquired AMFAC Thirft and Loan, your tenent, whose offices are located at 388 W. 4th Street, San Bernardino, California. ,..... Because of this recent acquisition, it has been impossible for the proprietor to successfully complete the relocation of said office. We, therefore, request a ninety (90) day extension in which to vacate said premises. - Thank you for your cooperation in this matter. V ery truly yours, SPRAGUE, MILLIGAN & BESWICK By /s/ C. Patrick Milligan CPM/js After discussion motion made by Obershaw and seconded by Blum to not only grant the 90 day extension, but to allow the tenant until September 1, 1977 to vacate the premises. Motion passed by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: Wilson. Mr. Green then explained to Patrick Milligan that his brother, Al Milligan is in a posi- tion to request Agency assistance in relocation and also relocation assistance moneys. Mr. P. Milligan thanked the Agency Staff and Board for all their cooperation on behalf of his brother. ...., ......., [ ,-. '-- ,.. ~ i i '-- 4597 FBV Investment Properties, Incorporated presented a rendering of a new restaurant to be opefated by Arturo Adame and located on southeast corner of 4th and H Streets in Central City. The restaurant will be of Mexican decor and will encompass 4,500 sq. ft with a liquor license. The Agency's concurred in asking price for the land is $1.85 per sq. ft. There will be 65 parking spaces available. The developer will, in all probability request some off-site improvements. Mr. Michael Murphy, the architect for the development said the structure will cost approximately $175,000 - $200.000. Mr. Green went on to advise Mr. Berersford that Mr. Adame had previously contacted various employees of the Agency Staff over the past few months prior to any knowledge on the part of the Staff that any licensed real estate broker was involved in this transaction. Mr. Green further advised the Board that R-79, Central City Project needs development as quickly as possible and advised FBV to submit their Offer to Purchase as soon as pos- sible. At this time, Mr. Richard Rice again interjected his feelings to the Board. Mrs. Blum inquired if Mr. Rice was working for some firm or if he was an individual voicing his opinion. Mr. Rice stated that he was an individual and not working for anyone but himself. At that time Mr. Green advised Mr. Rice to go before the Council with comments. Mr. Clyde Alexander, developer for the Senior Citizen's Apartment Housing Complex addressed the board. He stated that the project had official HUD approval and that he expects to be under construction by June or July. Mr. Alexander then profusely thanked the Agency Staff and Board for their help and cooperation on the proj ect. Mr. Obershaw inquired as to the hotel status. Mr. Green assured Mr. Obershaw that all parties are striving to put the package together as quickly as possible. Motion made for adjournment by Guhin and seconded by Obershaw at 4: 30 p.m. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: Wilson. ~~, Executive Director bl 4598 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, 300 NORTH IlDIl STREET, SAN BERNARDINO, CA., HELD MAY 5, 1977. ... ...... Chairman Green called the meeting to order at 3: 01 p.m. Roll Call showed the following: Agency Members Present: Hinojosa, Wilson, Stephenson, Guhin and Green. Agency Members Absent: Blum and Obershaw. Others Present: R. E. Shadwell, Jr., Wm. A. Flory and Barbara Brown APPROVAL OF MINUTES: The Minutes of April 21. 1977, were submitted for approval. Motion made to approve Minutes by Guhin and seconded by Stephenson. Motion carried by the following vote, to wit: Ayes: Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: Blum and Obershaw. APPROVAL OF EXPENDITURES FOR THE MONTH OF MARCH, 1977. The expenditures were submitted for approval. Motion made to approve expenditures made by Wilson and seconded by Guhin. Motion carried by the following vote, to wit: Ayes: Hinojosa, Wilson, Stephenson, GuhinandGreen. Noes: None. Abstention: None. Absent: Blum and Obershaw. ,.... Mr. Green referred to the new Smoking Ordinance passed by the City and the Motion es- tablished by Board. It was noted that smokers were in the proper area. ...... Mr. Green then requested that all members in the audience stand and identify themselves which they did. Mr. Obershaw entered meeting at 3: 05 p.m. Mr. Green opened the Public Hearing on Parcels 135-092-20, 21 and 22, Central City East at 3: 06 p.m. Mr. Green inquired if anyone in the audience was either opposed or supportive of the sale of property. No response and Mr. Green then closed the Public Hearing at 3: 07 p. m. Mr. Wilson inquired as to the ownership of surrounding properties, and was informed by Staff that the information was unavailable at that time, however, there are apartments on some of the other properties. Mr. Obershaw stated he felt Agency should receive a better price for the property. Mr. Green informed Mr. Obershaw that in this instance, he does not support his opinion on the matter and the item should go to board for vote. Mr. Green then stated that the board, had in fact, been discussing Item D-2 on Agenda, rather than D-l. All members present noted this fact. Motion was then made to adopt the following resolution: RESOLUTION NO. 3368 ,.... RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RESCINDING RESOLUTION NO. 3319, 12-16-76, APPROVING SALE OF PARCELS 135-092-02, 03,20,21,22,30.31,40,41 & 42, CENTRAL CITY EAST, TO CRESTA-LINDA HOUSING VENTURES ......" ,... f I * ..... 4599 WHEREAS, on December 16, 1976 the Redevelopment Agency held a Public Hearing on the sale of Parcels No. 135-092-02,03,20,21,22,30,31,40,41 & 42, Central City East, to Cresta-Linda Housing Ventures, for a residential development and approved said sale by the adoption of Resolution No. 3319; and WHEREAS, actions of this nature are contingent upon the ratification of the Mayor and Common Council; and WHEREAS, on December 20, 1976 the Redevelopment Agency requested that the Mayor and Common Council approve in principle, without recourse or liability against the City, the action taken by the Redevelopment Agency to sell 3.54 acres of property located in Central City East to Cresta Linda Housing Ventures and to apply the five year tax increment policy to this development; and WHEREAS, the Mayor and Common Council on December 20, 1976 did not approve the sale of these parcels of land to Cresta Linda and the application of the five year tax increment policy. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that Resolution No. 3319, approving the sale of property located within Central City East to Cresta-Linda Housing Ventures, is hereby ,,-. rescinded, and the staff is hereby directed to return to Cresta Linda their deposit check in the amount of $13,500. -- ,.... << ~ ~ Motion made to adopt Resolution No. 3368 by Wilson and seconded by Guhin. Motion carried by the following vote, to wit: A yes: Obershaw, Hinojosa, Wilson, Stephen- son, Guhin and Green. Noes: None. Abstention: None. Absent: Blum. APPROVAL OF SALE OF PROPERTY, CENTRAL CITY EAST TO FBV INVESTMENT PROPER TIES, INC. FOR DEVELOPMENT OF AN OFFICE BUILDING. Mr. Wilson inquired if the deposit check had been submitted to the Agency and was informed yes. This will be a cash sale. The Agency paid $1.75 per square foot and the developers will pay $1.04 per square foot. There will be a $36,625 difference in the price the Agency paid and what the developers will pay, however, the tax incre- ment realized from the development will be approximately $30,000 per year and the Agency will recover the difference within two years. Motion made to adopt the following resolution: RESOLUTION NO. 3369 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SALE OF ASSESSORS PARCEL NOS. 135-092-20,21 & 22, CENTRAL CITY EAST, TO FBV INVESTMENT PROPERTIES, INC. 4600 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, by the adoption of Resolution No. 3367, 4- 21-77, received the verbal offer and letter of intent from FBV Investment Properties, Inc. , for the purchase of Parcels 135-092-20, 21 & 22, Central City East; with the understanding that FBV would submit to the Redevelopment Agency a signed formal Offer to Purchase, accompanied by a deposit check in the amount of 5% of the purchase price of the land, prior to the Public Hearing; and .., ilj ~ ~ ....J WHEREAS, public disclosure of the Agency' s intention to sell this property was made in accordance with Section 33431 of the California Health and Safety Code, and was published in the Sun Telegram on April 26, 1977 and May 3, 1977; and WHEREAS, a Public Hearing regarding this proposed sale was held on May 5, 1977, in accordance with said Section 33431 of the California Health and Safety Code; and WHEREAS, the offering price of $50,000 appears to be an equitable purchase price for said parcel of land, in that the developers have waived any claim for Finders Fee on Tax Incremental Assistance for the proposed development. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to enter into a Disposition Agreement for the sale of Parcels 135-092-20, 21 & 22, to FBV Investment Properties, Inc. , for the purchase price of $50,000; with the understanding that no finders fee will be paid, .... nor any tax incremental assistance will be provided for said development. ..... BE IT FURTHER RESOLVED that the sale of this property is contingent upon the approval of the Mayor and Common Council following a duly held public hearing of said legislative body, in accordance with Section 33433 of the California Health and Safety Code. Motion made to adopt Resolution No. 3369 made by Wilson and seconded by Stephenson. Motion carried by the following vote, to wit: Ayes: Hinojosa, Wilson, Guhin and Green. Noes: Obershaw. Abstention: None. Absent: Blum. Mr. Green informed the Board that the next necessary step will be the preparation of the Disposition Agreement. Also, this item must go before the City Council for their ratification. Mrs. Blum entered meeting at 3: 16 p. m. RECEIVE OFFER TO PURCHASE PARCEL 134-182-5, CENTRAL CITY PROJECT, DEVELOPMENT RACQUETBALL/HANDBALL FACILITY AND SETTING PUBLIC HEARING FOR MAY 19, 1977. -. Mr. Green stated that the HUD concurred in price for this property is $1.85 per square foot. Mr. Obershaw inquired if the Agency was taking a loss and was informed no, ] j t ....J r ! ..... ",...... '"- ",.- if I ~ ... 4601 that HUD was taking the loss. Mrs. Blum inquired if this development could be mmade into a sports arena and was informed no. Mr. Ostoich addressed the board by informing them they currently have a racquetball/handball court in Torrance that is doing very well. They had brochures prepared but unfortunately they were not ready for the board meeting. The board was informed that the brochures will be made available for them as soon as possible, and before the Public Hearing. This development will an 8 to 12 court facility. if the financing is feasible. otherwise in all probability. it will be a 10 court facility only. A jogging facility is planned later, however. this too depends on feasible financing. Mr. Wendell Jackson spoke. Mr. Jackson is the contractor who built the facility in Torrance for the developers. The cost of this development will be between $400,000 and $425,000 initially. The develop- ment will have the courts, sauna and spas for both sexes. Mr. Wilson inquired when did they expect to go into construction and was informed that they are awaiting their financing and after the plans are approved by the Agency and the council approves the development. The Disposition Agreement will have the Construction Schedule included therein. Mrs. Blum inquired if they will accept memberships. She was informed that there will be memberships for $45.00 per year for all facilities. excepting the courts. The developers feel the proposed location will be an ideal site for their facility. Mr. Wilson inquired if a Finder's Fee was involved and was informed yes. A claim has been filed by Ted Eichelberger and the fee will be determined by the cost of the building permit. Based on the preliminary estimate the Fee should be approxi- mately between $10,000 to $15,000. The facility will employ 7 or 8 employees. The following resolution was then adopted: RESOLUTION NO. 3370 RESOLUTION OF THE REDEVELOPMENT AGENCY RECEIVING OFFER TO PURCHASE PARCEL 134-182-5, FROM TOM P. COLICH, JOHN M. COLICH AND MARK A. OSTOICH, A GENERAL PARTNERSHIP; AND DETERMININING THAT SAID REDEVELOPER IS QUALIFIED TO REDE- VELOP SAID PARCEL OF LAND WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to dispose of certain parcels of land within the Central City Project Area; and WHEREAS, the Agency has received an Offer to Purchase parcel No. 134-182-5, located on the southeast corner of 4th and "H" Streets, from Tom P. Colich, John P. Colich and Mark A. Ostoich, a general partnership, for the development of a 8-10 court raquetball-handball facility; and WHEREAS, the redevelopers propose to purchase said parcel of land for the offering price of $84,288.00 and deposited with the Agency an Option Deposit Check in the amount of $4,214.40; and WHEREAS, a duly executed Claim for Finder's Fee was also submitted with the offer from Ted D. Eichelberger, Realtor; and 4602 WHEREAS, the Agency has evaluated the proposal received and has determined that a Public Hearing should be scheduled for the sale of this land. " NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City ...... of San Bernardino, California, does hereby receive the Offer to Purchase parcel 134-182-5 from Tom P. Colich, John M. Colich and Mark A. Ostoich, Central City Project Area; and does hereby determine that the proposed developer is qualified to develop said parcel of land. BE IT FURTHER RESOLVED that the Secretary is hereby authorized to publish the Notice of Public Hearing to be held May 19, 1977, for the sale of this land. Motion made to adopt Resolution No. 3370 and set a Public Hearing for May 19, 1977 by Stephenson and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. Mr. Green then inquired of the developers if they would be requesting any off or on site improvements. Basically all the off-site improvements are already in and Mr. Ostoich feels confident that the financing will be available within 120 days and will not necessitate any on site improvements from the Agency. He again stressed the fact that the jogging track will be dependent on the financing. RECEIVE OFFER TO PURCHASE PARCEL 134-182-5 FBV INVESTMENT PROPERTIES, INC. ,..., CENTRAL CITY PROJECT. ....... Mr. Green informed the board that this item was no longer an item for consideration inasmuch as the board received no offer to purchase nor did they hear from the de- veloper regarding the transaction. RECEIVE OFFER TO PURCHASE SW CORNER OF 4th and "H" STREETS, CENTRAL CITY PROJECT FROM SINCLAIR PAINTS AND SET PUBLIC HEARING FOR MAY 19, 1977. Mr. Shadwell referred to the property on maps and stated the property is located on 4th and "H" and backs up to the freeway. Mr. Green informed the board that Mr. Art Romandy of the Economic Development Department of the County of San Bern- ardino had directed Sinclair Paints to the Agency for their future development in the San Bernardino area. Mr. Green further stated that he has spoken with the per- sonnel of Sinclair Paints and believes they are a very sincere company and more than ready to go ahead with their development. Mr. Obershaw inquired if there was any Finder's Fee to be paid and was informed no. Mr. Sinclair addressed the board. He referred to his background and informed the board that his company had been in business for 47 years and was originally comprised of 7 ...., -J r ..... 4603 brothers. The company has now been incorporated into the Insilco Financial and Realty Corporation. This action took place in 1972. Sinclair Paints has 37 stores now. At this point Mr. Steve Ball spoke to the board. He stated the devel- opment in San Bernardino will be the regional office operation. They eventually want to cover the Palm Springs area up to Victorville. They will allow a 6 month span for construction and will employ 15 to 20 employees. The building will cost 1/4 of a Million Dollars and encompass approximately 7,500 square feet with ample parking. The plans call for adequate landscaping. Mrs. Blum inquired where the nearest Sinclair Paint Store is located and was informed in Alhambra and Orange County. The HUD concurred in price is $1. 75 per square foot. The purchase price will be $78,410.50. The following resolution was then adopted: RESOLUTION NO. 3371 RESOLUTION OF THE REDEVELOPMENT AGENCY RECEIVING OFFER TO PURCHASE THE SOUTHWEST CORNER OF 4TH & "H" STREETS, CENTRAL CITY PROJECT, FROM SINCLAIR PAINT CO., A DIVISION OF INSILCO FINANCIAL & REALTY CORPORATION, AND DETERMINING THAT SAID REDEVELOPER IS QUALIFIED TO REDEVELOP SAID PARCEL OF LAND WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, "..... desires to dispose of certain parcels of land within the Central City Proj ect Area; and --- ,... .... WHEREAS, the Agency has received an Offer to Purchase the southwest corner of 4th and "H" Streets from Sinclair Paint Company, a division of Insilco Financial & Realty Corporation, for the development of Sinclair Paint Company; and WHEREAS, the redeveloper proposes to purchase said parcel of land for the offering price of $78,410.50, and deposited with the Agency an Option Deposit Check in the amount of $3,920.52; and WHEREAS, the Agency has evaluated the proposal received and has determined that a Public Hearing should be scheduled for the sale of this land. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby receive the Offer to Purchase the southwest corner of 4th and "H" Streets from Sinclair Paint Company, a division of Insilco Financial & Realty Corporation; and does hereby determine that the proposed developer is qualified to develop said parcel of land. BE IT FURTHER RESOLVED that the Secretary is hereby authorized to publish the Notice of Public Hearing to be held May 19, 1977, for the sale of this land. 4604 Motion made to adopt Resolution No 0 3371 and set May 19, 1977 for the Public Hearing by Obershaw and seconded by Wilson. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None 0 Absent: None 0 -, J i -J Mr 0 Green stated that the next step will be the Public Hearing set for 3: 00 p om 0 on May 19, 1977 0 Mrs 0 Blum then expressed her pleasure to Mr 0 Sinclair for his presentation with all board members concurring 0 Mr. Sinclair thanked Mrs. Blum for her kindness 0 PROPOSAL TO PURCHASE LAND - CENTRAL CITY NORTH Mr. Green informed the Board that Mr. John Lonergan had previously made an Offer to the Agency and shared in the appraisal costs. The AMFAC Building is still stand- ing and the present tenant was granted an extension until September I, 1977. It will take approximately 15 days to demolish the building. Mrs. Blum asked Mr 0 Lonergan if it was his intention to refurbish the building and was informed no, it was not. Mr. Lonergan will pay $40,000 for the land only. If a formal Offer to Purchase is made to the Agency for the land, the Agency will then consider a resolution recei vin g the offer 0 Mr 0 Green stated that the next step will be to submit an official Offer to Pur- chase to the Agency. Mr. Lonergan stated that he will do so and that he finds no fault with the time extension till September 1, 1977 for the present tenant 0 ,., CONSOLIDATION AND REVISION OF AGENCY POLICY AUTHORIZING PROCUREMENT OF SUPPLIES, EQUIPMENT, SERVICES AND INSURANCE. ,j'. I , ......,J Mr 0 Shadwell informed the Board that this Resolution was merely the consolidation of three previously adopted resolutions, thus making less work for the Agency Staff and expediting the procurement of supplies, equipment, services and insurance 0 This resolution will authorize the Executive Director to obtain and pay for necessary Ag- ency insurance 0 Mr 0 Guhin stated that he feels the resolution should cover all liability insurance coverage. Mrs. Blum inquired if this would have to go before the Council and was informed no, this is strictly an in-house operational application of staff. The following resolution was adopted: RESOLUTION NO 0 3372 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RESCINDING RESOLUTION NOS. 2764, 664, 121 and 29, AND ADOPTING REVISED POLICY FOR THE PRO- CUREMENT OF SUPPLIES, EQUIPMENT, SERVICES AND INSURANCE BY THE EXECUTIVE DIRECTOR ON BEHALF OF THE AGENCY WHEREAS, the Redevelopment Agency by the adoption of Resolution Nos. 2764, 664, 121 and 29 has set forth a policy for the procurement of supplies, equipment and services; and ,..., I 1 .....; r ... fI"""" ...... [ 4605 WHEREAS, said resolutions do not include the necessary procurement of insurance policies on properties owned by the Agency, office equipment, liability, automobile, etc.; and WHEREAS, it is the intention of this resolution that resolutions 2764, 664, 121 and 29 be rescinded and a new resolution adopted incorporating all of the provisions of the aforementioned resolutions, including the procurement of necessary insurance coverage. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1: Resolution Nos. 2764, 664, 121 and 29 are hereby rescinded. Section 2: The Executive Director is hereby authorized to interview and enter into negotiations for the employment of engineers, planners, appraisers, negotiators, and other miscellaneous services, or independent contractors whose services may be required by the Agency. No contract may be entered into by the Executive Director on behalf of the Agency, if said proposal or bid exceeds the amount of $1,000. Those exceeding $1,000 must have board approval. Section 3: The Executive Director is hereby authorized to pay normal operating expenses of the Agency, including but not limited to office rent, rental of equipment, telephone bill, expendable office supplies, and printing when same becomes due and payable. Section 4: The Executive Director is hereby authorized and directed to procure the necessary insurance policies on properties owned by the. Agency ,office equipment, liability, automobile, bonding of employees, notary bonds, and other necessary coverage, and the procurement of these policies shall be at the discretion of the Executive Director. Section 5: It shall be the duty of the Executive Director to provide for the approval of all vouchers for payment due under contracts of the Agency, including contracts wi th independent contractors and to approve such vouchers for payment. The approval of such demands shall constitute a certificate that the contract, or portion of the contract for which payment has been demanded has been performed by the contractor in accordance with the contract. Section 6: The Executive Director is authorized to purchase or approve the expenditure for the purchase of minor equipment and supplies and miscellaneous i terns of service, the cost of which does not exceed the sum of $1,000 for each individual item or service rendered without prior approval of the Agency. Agency expendi tures will be presented monthly to the Agency Board. Section 7: With the exception of the items mentioned above , all purchases of equip- ment, supplies, services, and miscellaneous items in excess of $1,000 each shall be presented to the Agency Board for authorization and approval. 4606 Motion made to adopt Resolution No. 3372 by Blum and seconded by Guhin. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. ~ i .....IiI CONTRACT TO ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY Due to the terms of the Agency's Disposition Agreement with Huntley Properties, it is now necessary to enter into contract with Atchison, Topeka and Santa Fe Rail- way Company for an amount not to exceed $44,105.00. Mrs. Blum stated that the Agency, is, in fact, obligated to do this rail work and the following resolution was adopted: RESOLUTION NO. 3373 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRE- TARY TO ENTER INTO CONTRACT WITH ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY FOR AN AMOUNT NOT TO EXCEED $44,105.00. WHEREAS, the Disposition Agreement between the Agency and Huntley Properties obligates the Agency to construct rail service to Lifetime Foam Products, Inc. location; and WHEREAS, it is necessary to construct lead and spur tracks and 2 Cantilever flasher signals at Victoria Ave; and -.. .....IiI WHEREAS, railroad procedures require that any rail construction within the company right-of-way and franchise areas be accomplished by railway employees; and WHEREAS, this contract provides a Refund Agreement for lead-track usage and signals of $5.00 or $10.00 per box car over a 10 year period, subject to the destination of the car; and WHEREAS, the amount subject to refund under this Agreement is $34,607 for lead track and signal on Victoria Avenue for Lifetime Foam Products, Inc.; and WHEREAS, the construction of spur track in the amount of $9,498 is not subject to the Refund Agreement. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino that the Chairman and Secretary be hereby authorized to enter into contract with Atchison, Topeka and the Santa Fe Railway Company for an amount not to exceed $44,105.00. BE IT FURTHER RESOLVED that the amount of $34,607 will be refunded under this .... ;;,~~eement for lead track and signal on Victoria Avenue for Lifetime Foam Products. J 4607 ,--- Motion made to adopt Resolution No. 3373 by Stephenson and seconded by Blum. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. ,[ Joe Baker from the Sun Telegram inquired if this must go before the City Council and Wm. A. Flory, Agency Counsel, informed him that any contract over the amount of $3,000 must go to the Council for approval and ratification. . Mr. Baker then inquired if the Agency Expenditures must go before the Council and was informed no . APPROVE AND AUTHORIZE EXECUTION OF ADDENDUM TO PARKING FACILITIES LEASE WITH THE CITY OF SAN BERNARDINO Mr. Green referred this matter to Mr . Flory . Mr. Flory then explained to the Board that the Agency had previously issued Parking Revenue Bonds. The Lease was pre- viously prepared based on the estimated debt services. Now, because of more favor- able rates the amount of debt service has been reduced. The following resolution was then adopted: RESOLUTION NO. 3374 i-""" I , RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE PARKING FACILITIES LEASE WITH THE CITY OF SAN BERNARDINO. .L.., WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") has heretofore adopted its Resolution entitled "Resolution of the Redevelopment Agency of the City of San Bernardino, California, Approving and Authorizing the Execution of a Parking Facilities Lease With the City of San Bernardino"; and WHEREAS, the Parking Facilities Lease, by and between the City of San Bernardino has been executed; and WHEREAS, the Agency has issued its Redevelopment Agency of the City of San Ber- nardino Parking Facilities Lease Revenue Bonds, Issue of 1977 ("Bonds"), pursuant to the Community Redevelopment Law of the State of California and Resolution No. 3349 adopted by the Agency on February 22, 1977; and WHEREAS, the Bonds have been sold and the debt service thereon ascertained; and ..,'r. WHEREAS, it is now necessary to amend the Parking Facilities Lease by changing the schedule of Base Rental payments provided in Section 4(a) thereof to reflect ; L.. the actual debt service on the Bonds. '-= 4608 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE RE- DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: -..-"'" ~ j ~ J Section 1: That the Addendum to the Parking Facilities Lease, attached hereto and by this reference incorporated herein, is hereby approved, and the Chairman and Secretary are hereby authorized and directed to execute the same on behalf of the Agency. --J The foregoing Resolution is hereby adopted and approved this 5th day of May, 1977 . ADDENDUM PARKING FACILITIES LEASE This Addendum is dated as of May 1, 1977, and is by and between the Rede- velopment Agency of the City of San Bernardino, California (the "Agency"), and the City of San Bernardino, California (the "City") . WHEREAS, the Parking Facilities Lease, dated as of February 1, 1977, by and WHEREAS, the Agency has issued its Redevelopment Agency of the City of San -" I: .....,J) between the Agency and the City, has been executed; and Bernardino, Parking Facilities Lease Revenue Bonds, Issue of 1977 (the "Bonds"), pur- suant to the Community Redevelopment Law of the State of California and Resolution No. 3349, adopted by the Agency on February 22, 1977; and WHEREAS, the Bonds have been sold and the debt service thereon ascertained, and the Maximum Annual Debt Service is $180,200. NOW, THEREFORE, in consideration of the payment of rental and the performance of the mutual promises and agreements herein contained at the time and in the manner specified, the parties hereto agree as follows: Section 1. In accordance with Section 4(a) of the Parking Facilities Lease, the ...., Base Rental set forth therein is hereby adjusted and established as follows: \ ~ ...J +. 4634 velopers, the Agency is obliged to install said improvements; and WHEREAS, the Redevelopment Agency advertised for bids in the local newspaper, the Sun Telegram for the required time; and ~ '1 '1 ~ WHEREAS, bids were received for said work, the lowest being submitted by Riverside Construction Co. in the amount of $420,281.25; and WHEREAS, it is deemed in the best interest of the Agency to accept said bid. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino that the Chairman and Secretary be hereby authorized to enter into Con- tract with Riverside Construction Co. for off-site improvements in an amount not to exceed $420,281.25. Motion made to adopt Resolution No. 3388 by Wilson and seconded by Blum. Motion carried by the following vote, to wit: Ayes: Blum, Wilson, Stephenson and Green. Nays: None. Abstention: None. Absent: Obershaw, Hinojosa and Guhin. CONTRACT AMENDMENT NO. 2-CM ENGINEERING ASSOCIA TES-SEIP Mr. Krisher spoke regarding the increase requested in the amount of an upset fig- ure of $50,000. Their original contract in the upset figure of $67 , 500 was for design of off-site improvements. Since inception of that contract, CM has been involved in preparation of various other plans for many developments within SEIP, not included in their initial contract. Therefore, the previous upset figure of $67,500 is not sufficient to cover the cost of the work by CM being requested by the Agency. Mr. Green informed the board that he and other staff persons had personally been involved in the additional work incurred by CM and feels their request reasonable and in the best interest of the Agency. The following resolution was adopted: ~ ..., RESOLUTION NO. 3389 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT AMENDMENT NO. 2 WITH C M ENGINEERING ASSOCIATES IN AN AMOUNT NOT TO EXCEED $50,000, SOUTHEAST INDUSTRIAL PARK. WHEREAS, the Agency and CM Engineering Associates entered into Contract Sept. 10, 1976 for Professional Engineering Services in the amount of an upset figure for $67,500.00; and WHEREAS, Contract Amendment No.1 stipulating Wage Rates was entered into Sept. 16, 1976; and WHEREAS, because of additional on and off-site improvements for grading, curbs, ....J (IJIIIIIl --- ,... ~ r '-- 4633 Project Area was adopted by the City of San Bernardino by Ordinance No. 3583 on June 21, 1976; and WHEREAS, the Plan provides for the participation in the renewal and redevelopment of property in the project area by the owners of certain parcels of property if the owner agrees to participate in the redevelopment in conformity with the Plan; and WHEREAS, Southern California Commercenter, Ltd. , desires to participate in said project by the development of an office building for CM Engineering Associates and an Airport Business Plaza to be located on Airport Drive between Commercenter East and Commercenter West; and WHEREAS, the Agency has reviewed the proposed development and has determined it to be in the best interest of the project area. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino that the Chairman and Secretary are hereby authorized to enter into a Property Owner's Participation Agreement with Southern California Commercenter, Ltd. , for property located in the Southeast Industrial Park Redevelopment Project Area. Motion made to adopt Resolution No. 3387 by Stephenson and seconded by Blum. Motion carried by the following vote, to wit: Ayes: Blum, Wilson, Stephenson and Green. Nays: None. Abstention: None. Absent: Obershaw, Hinojosa and Guhin . AWARD CONTRACT TO RIVERSIDE CONSTRUCTION CO. FOR OFF-SITE IMPROVE- MENTS-SEIP. Mr. Green stated that the Disposition Agreement with the developers obligates the Agency to provide off-site improvements in the area. Mr. Green further stated this contract only includes rail necessary to service that property being developed by Huntley Properties to accommodate Lifetime Foam Development. Mrs. Blum inquired if there would be a high financial impact in stopping the rail lines at this point and was informed that the financial impact would be very great. Mr. Wilson stated the longer you wait, the higher the expense. The following resolution was adopted: RESOLUTION NO. 3388 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH RIVERSIDE CONSTRUCTION CO. IN THE AMOUNT OF $420.281.25 FOR OFF-SITE IMPROVEMENTS IN THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA. WHEREAS, it is now necessary for the Agency to enter into a Contract period for off- site improvements in Southeast Industrial Park; and WHEREAS, in accordance with Disposition Agreements between the Agency and De- -. I 4632 Mr. Shadwell briefed the board member on current construction in the SEIP Area. Mr. Green inquired if anyone had any questions they would like to ask Mr. Hatle. No response. The following resolution was adopted: ~ RESOLUTION NO. 3386 ..,,11/1 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO PROPERTY OWNER'S PARTICIPATION AGREEMENT WITH SOUTHERN CALIFORNIA COMMERCENTER, L TD . SOUTHEAST INDUSTRIAL PARK PROJECT AREA. WHEREAS, the Redevelopment Plan for the Southeast Industrial Park Project Area was adopted by the City of San Bernardino by Ordinance No. 3583 on June 21, 1976; and WHEREAS, the Plan provides for the participation in the renewal and redevelopment of property in the proj ect area by the owners of certain parcels of property if the owner agrees to participate in the redevelopment in conformity with the Plan; and WHEREAS, Southern California Commercenter ,Ltd. , desires to participate in said project by the development of a Commerce Business Center, consisting of eight de- tatched and semi -detached industrial office buildings, to be located within the vicinity of Airport Drive and Commercenter West; and WHEREAS, the Agency has reviewed the proposed development and has determined it to be in the best interest of the project area. """"'" NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to enter into a Property Owner's Participation Agreement with Southern California Commercenter, Ltd. , for property located in the Southeast Industrial Park Project Area. ....... Motion made to adopt Resolution No. 3386 by Wilson and seconded by Stephenson. Motion carried by the following vote, to wit: Ayes: Blum, Wilson, Stephenson and Green. Nays: None. Abstention: None. Absent: Obershaw, Hinojosa and Guhin. OWNER PARTICIPATION AGREEMENT-SOUTHERN CALIFORNIA COMMERCENTER, LTD. CM ENGINEERING AND AIRPORT BUSINESS PLAZA-SEIP. No discussion. The following resolution was adopted: RESOLUTION NO. 3387 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO PROPERTY OWNER'S PARTICIPATION AGREEMENT WITH SOUTHERN CALIFORNIA COMMERCENTER, L TD . , SOUTHEAST INDUSTRIAL PARK PROJECT AREA. ~ .....,I WHEREAS, the Redevelopment Plan for the Southeast Industrial Park Redevelopment 4631 ..... MINUTES OF THE ADJOURNED REGULAR MEETING OF THE REDEVEL- OPMENT AGENCY OF THE CITY OF SAN BERNARDINO HELD JUNE 23, 1977 AT 300 NORTH "D" STREET, SAN BERNARDINO, CALIFORNIA. Chairman Green called the Meeting to order at 3: 20 p.m. ........ Roll Call showed the following: Agency Members Present: Blum, Wilson, Stephenson and Green. Agency Members Absent: Obershaw, Hinojosa and Guhin. Others: R. E. Shadwell, Jr., Executive Director, Robert Cloud, Acting Agency Counsel and Barbara Brown, Executive Secretary. Mr. Green indicated the recording machinery set up on the main speaker's table and informed the board members present and members of the audience that from June 23rd hence, all Agency Meetings will be recorded. This is being done because at past meetings there has been discrepancies between conversations that the Agency has recorded and what other persons has determined to be the true course of the conver- sation. With all conversation on tape, this problem will be alleviated. Mrs. Blum inquired if this was an Agency By-Law Requirement and was informed by Mr. Green that it was not and all recording will be done by Agency Staff. Mr. Green stated that Mr. Flory, Agency Legal Counsel, was vacationing and Mr. Cloud, Mr. Flory's law partner in the law firm of Cloud and Flory, would act as the Agency's Legal Counsel for the June 23, 1977 meeting. ...- ... APPROVAL OF MINUTES: The Minutes of June 2,1977 were submitted for approval. Motion for approval by Stephenson and seconded by Blum. Motion carried by the following vote, to wit: Ayes: Blum, Stephenson and Green. Nays: None. Absten- tion: Wilson. Absent: Obershaw, Hinojosa and Guhin. The Minutes of June 6,1977 were submitted for approval. Motion for approval by Blum and seconded by Stephenson. Motion carried by the following vote, to wit: Ayes: Blum, Stephenson and Green. Nays: None. Abstention: Wilson. Absent: Obershaw, Hinojosa and Guhin. APPROVAL OF MAY EXPENDITURES: Motion made by Wilson and seconded by Stephen- son to approve the expenditures for the month of May. Motion carried by the following vote, to wit: Ayes: Blum, Wilson, Stephenson and Green. Nays: None. Abstention: None. Absent: Obershaw, Hinojosa and Guhin. OWNER PAR TICIP A TION AGREEMENT-SOUTHERN CALIFORNIA COMMERCENTER, L TD . TRACT NO. 9809, COMMERCE BUSINESS CENTER-SEIP. ,. Mr. Green informed the board members that the developers are requesting tax incre- ment assistance and invited Mr. Russ Hatle, one of the partners in the development to address the board. Mr. Hatle explained that while they are asking for tax incre- ment assistance on this development it would affect many other developments, that would not, at a later date require the increment because the improvements would already be in due to the requested assistance on this development. Mr. Hatle and '-- -1--- ~ ....tI """"" ...-J """" -.,J 4630 ~ - NOTICE IS HEREBY GIVEN THAT THE REGULAR MEETING TO BE HELD JUNE 16,1977 at 3: 00 p.m WAS ADJOURNED TILL JUNE 23, 1977 at 3: 00 p.m. IN THE OFFICE OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA LOCATED AT 300 NORTH "D" S EET. -I . Shadwell, Jr. Executive Director ,. ...... ...- ........ 4629 Counties, approximately 2,800 members, stated that he had listened to both sides of the issue. Mr. Dowse informed the Council that he felt that the hotel would be a wise venture for the city to undertake and urged the Council to move forward in making the loan to the RDA. ~ Councilman Wheeler asked Mr. Dowse how many electricians would be employed on the construction and Mr. Dowse replied very few, but he still felt it would be a wise move for the City. ....., Mr. Stewart representing the steelworkers spoke urging the council to move forward for the hotel. Mrs. Maxine Kraft spoke in opposition to the hotel and the burden on the taxpayer. Mr. Green explained to Mrs. Kraft that there would be no cost to the city or taxpayer. Mr. Verne Potter, President of Santa Fe Federal Savings & Loan urged the council to move forward for the hotel. He referred to the changing money market and said now the market was favorable for such bonding necessary to insure the loan from the City. Councilman Katona asked Mr. Green why the RDA did not borrow the money from the Meadowbrook Project and Mr. Green informed Councilman Katona the Meadow- brook Project did not have the money. City Clerk read aloud the Motion Order. """" Marshall Julian, City Administrator, asked if there would be an Agreement between the RDA and the City and Mr. Beebe informed him there would be. ...J After discussion certain amendments were made to the Motion Order. Issue then went to vote. The Council voted 4 to 3 against the Motion Order for the development of the hotel. They vote was as followed, to wit: Ayes: Councilmen Wheeler, Lackner and Hudson. Nays: Councilmen Katona, Hobbs, Gerwig and Castenada. Ab- stention: None. Absent: None. Mr. Green then informed the Council they had just IIshot down the Hotelll and that he would so advise the developer. Mayor Holcomb requested Mr. Green to please return to the Council's Budget Meeting set for Thursday, June 9th and the item would be placed on the Council Agenda for further discussion and voting. Councilman Katona indicated that further negotiations might be in order. Mr. Green agreed to Mayor Holcomb's request. Joint Meeting adjourned at 6: 30 p.m. """"'II .......J R. E. Shadwell, Jr. Executive Director 4628 Eastern lenders. The City would be paid back by Lease Revenue Bonds secured by the Lease between the RDA and the City. Interest would be capitalized for the costs, so that by the time a payment would be due, the Agency would be receiving tax rev- enues from the hotel and could pay the city from the revenue. ,..- ........ Councilman Katona asked about the projected time schedule. Mr. Mc Cann stated the bonds could be issued from 60 to 90 days and went into a further detailed report regarding financing for the Council's benefit. Councilman Gerwig asked City Attorney Prince if this would be a legal step for the City to take. Attorney Prince responded the City felt the procedure was legal. The City will own the first three floors. The developer will not have control over the first 3 floors, only the air rights above the third floor. Mayor Holcomb asked Dave Root, City Finance Director if the City was financially able to make the RDA the requested loan without putting the City's financial resources in jeopardy and Mr. Root informed the Mayor the City was financially able to make this loan, provided the loan was paid back in the 6 month proposed period. Councilman Wheeler asked Mr. Root if the City would be financially stable through their "dry period". Mr. Root replied the City could go 6 months and be financially stable. ",- Councilman Hudson stated that the City was able to loan the money to the RDA with no problem or cost to the taxpayer, therefore the short term loan up to 6 months is feasible and the City would receive all their funds back into their General Fund. i --.. Discussion followed regarding possible bonding before construction would commence. Mr. Beebe addressed the Council on this matter. Mr. Green stated that according to the Agreement with the developer, there must be evidence that the facility will be completed before any City or Agency funds are spent. Such evidence will be provided through the posting of a bond to assure completion of the facility. Mr. Norton, from the audience, spoke regarding his opposition to the hotel, as a taxpayer. Mrs. Hugo Blum, a member of the RDA, but speaking as a private tax paying citizen stated she represents an organization of over 1,500 members. At this time they could not consider San Bernardino as a desirable location for their convention because there are no convention facilities. She strongly urged the Council to vote for the loan to the RDA enabling the construction of the development. Mrs. Blum also referred to EXPO 81 coming to the area and the expected impact it will have on the economy in the area. fIIIIII' Councilman Hudson again spoke in favor of the hotel. ~ Mr. Dowse, representing the electrical workers in both San Bernardino and Riverside 4627 facilities. The facility will continue to be in the ownership of the City. Mayor Holcomb stated the property had been vacant and on the market for over 8 years and no one locally had ever shown any interest in it. Mayor Holcomb also stated that the hotel will employ over two hundred people, notwithstanding the number of construction workers who will work on the structure. The hotel will generate additional revenue from the conventions to be held when the hotel is built, that the city cannot book now because of lack of hotel facilities to support the conven- tion center. ~ I ....,j Councilman Gerwig spoke regarding a conversation he had with the Manager of the Hilton Inn. Councilman Gerwig painted a grim picture for the success of the hotel. Mr. Hernandez thanked the council for hearing him speak. Mayor Holcomb spoke regarding the shortfall in the Central City Project. He stated that the shortfall would be essentially cured by the construction of the hotel. He further stated, should the hotel go bankrupt, a fear Councilman Gerwig earlier had expressed, the hotel would still service the debt of Central City Project. Real prop- erty taxes will become a first lien against the structure as long as the structure remains and property taxes would still be paid. Said taxes in all probability would be lower. Councilman Gerwig again expressed his concern regarding the status of the city, should the hotel go bankrupt. ~ Councilman Katona stated that he does not want to take the money from the General Fund and feels Merger Bill 1832 should cover the funding. Councilman Katona further stated he felt the bill was Itgreat" . -J Mayor Holcomb informed Councilman Katona the Agency is requesting a loan that will come direct! y back to the City I S General Fund. Discussion followed between Mayor Holcomb and Councilman Katona. Councilman Katona asked who would repay the city for the money. Mr. Green stated the Redevelopment Agency would sell Tax Revenue Lease Bonds backed by a Lease Agreement between the RDA and the City to cover the debt service on the bonds. Councilman Katona asked who would pay for the lease and Mr. Green told him, if it became necessary, the City would pay for the lease. Councilman Katona then expressed his concern that the developer would take the money and sell out. Mr. Green informed Councilman Katona that the documents given him previously for review expressly state that before any sale of the hotel can be consummated, the council must first approve said sale. Councilman Katona inquired what the costs would be to float the bond issue. Mr. Green told him that a cost breakdown was being prepared by Morse Topper and Dave Root of the City Staff. Councilman Katona again asked how much. At this time, Michael McCann, representing Agency Financial Consultants, Miller & Schroeder, stated the financing, as anticipated, would be to put the money into an escrow trust account so the developers can secure their financing from their ......., ..,j 4626 MINUTES OF THE JOINT MEETING BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AND ~ THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIF- ORNIA HELD JUNE 6, 1977 at 3: 00 p . m. IN THE COUNCIL CHAMBERS. ...... Redevelopment Agency Members Present: Chairman Green. Blum, Obershaw and Hinojosa. Members Absent: Guhin, Wilson and Stephenson. Others Present: R. E. Shadwell, Jr. , Executive Director, Wm. A. Flory, Agency Counsel and Barbara A 0 Brown, Executive Secretary. [ ,.. I.....- City Council Present: Mayor W . R 0 Holcomb. Councilmen Castenada, Wheeler, Katona, Gerwig, Hudson, Hobbs and Lackner. Others Present: Marshall Julian, City Administrator, Ralph Prince, City Attorney and representatives from City Clerk's Office. Mr. Green convened the Adjourned Regular Meeting of the Redevelopment Agency at 4: 06 porn. , stating the Meeting had been properly posted. Mr. Green stated the purpose of the Joint Meeting was to consider the concept for the construction of a first class hotel. Mr. Green stated the conveniences to the hotel were the existing exhibit hall and the five level parking structure. He explained that the lenders, after reviewing the San Bernardino area, are willing to invest 8i Million Dollars in the hotel development. In order for the development to become a reality, it will be necessary for the City to loan the Agency, on a short term basis, the sum of $1,590,000. Of this amount, $140,000 will go to HUD for payment of the hotel site land. The City and Agency, or both, will extend the exhibit hall facilities, which include the construction of three floors to be owned by the City. The air rights above the third floor will be owned by the developer. The hotel will be a 10 Million Dollar Development consisting of 13 floors and 245 rooms 0 The hotel developer will take over complete operation ex- cepting annual mortgage payment by City to the Civic Center Authority in the amount of $86,623.00. The City will save approximately $340,000 annually with developer tak- ing over the operation of the convention center. The first three floors will contain a restaurant, coffee shop, cocktail lounge , swimming pool and an outdoor restaurant on the West end currently known as the Plaza. There will also be retail stores etc 0 The amount of money to be loaned to the Agency was again discussed. The $140,000 payable to HUD will eventually return to the City's Community Development Fund. The exact time the money will return to the City is unknown, but it is a fact that said funds will return to the City. The remaining funds will go into a Construction Trust Account and will not be used until construction commences. Any costs over and above the $1,450,000 will be absorbed by the developer. Mr. Hernandez spoke. He asked Mr. Green if the hotel would be owned locally and Mr. Green informed him no. The investors are from out of the area. Mr. Hernandez said that he was against the City loaning the Agency the 1 Million Dollars and that the money should go to the citizens of San Bernardino. Mr. Green informed Mr. Hern- andez the loan will finance the hotel. The money will be utilized to expand the existing ~ ....tl """"" ....J """"'" , -J ~ 4625 Mr. Green referred to the June 6, 1977 Joint Meeting with the City Council to be __ held in the Council Chambers and requested that the Board Members attend. Motion to adjourn meeting by Guhin and seconded by Obershaw. Motion carried, to wit: Ayes: Blum, Obershaw, Hinojosa, Guhin and Green. Nays: None. Absten- tion: None. Absent: Wilson and Stephenson. bl ".. ........ [ R. E. Shadwell, Jr. Executive Director 4624 RESOLUTION NO. 3385 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DETERMINING THAT HOWARD LAWSON, JR. IS ENTITLED TO A FINDER'S FEE IN ACCORDANCE WITH AGENCY RESOLUTION NO. 3167, FOR THE DEVELOPMENT OF KENNEDY CADILLAC AUTOMOBILE AGENCY, SOUTHEAST INDUSTRIAL PARK. ....... ...tII WHEREAS, the Redevelopment Agency of the City of San Bernardino adopted Resolution No. 3343, February 3, 1977, amending and rescinding Resolution Nos. 3167, 3330 and 3337 authorizing payment of Finder's Fees to any real estate person who locates and initiates the development of property located within a redevelopment project area; and WHEREAS, a Building Permit has been issued by the Department of Building and Safety, City of San Bernardino for the development of Kennedy Cadillac Automobile Agency in the amount of $914,400.00; and WHEREAS, Resolution No. 3167 set forth the following range and percentage schedule: $500,001-$1,000,000 $17,000 plus 2% of development cost over $500,000 as indicated by Building Permit. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino does hereby determine that Howard Lawson, Jr. is entitled to receive a Finder's Fee in the amount of $25,288, in accordance with Agency Resolution No. 3167 for development of Kennedy Cadillac Automobile Agency, Southeast Industrial Park. ~ .....J BE IT FURTHER RESOLVED that in accordance with said Resolution, Howard Lawson, Jr. shall receive the following amounts of money: $8,429.33 Upon completion and approval of foundation. $8,429.33 Upon issuance of Notice of Completion. $8,429.34 One year subsequent to issuance of Notice of Completion. Motion to adopt Resolution No. 3385 by Obershaw and seconded by Blum. Motion carried, to wit: Ayes: Blum, Obershaw, Hinojosa, Guhin and Green. Nays: None. Abstention: None. Absent: Wilson and Stephenson. REQUEST BY ELK'S CLUB FOR USE OF AGENCY OWNED LAND. Mr. Green stated that a written request from the Elk's was to be in the Agency's possession by Board Meeting time. The request was not received, therefore Mr. Green requested a motion for this item to be tabled. Motion to table Elk IS Club request for use of Agency owned land by Blum and seconded by Obershaw. Motion carried, to wit: Ayes: Blum, Obershaw, Hinojosa, Guhin and Green. Nays: None. Abstention: None. Absent: Wilson and Stephenson. """"'" .....J 4623 Motion to adopt Resolution No. 3383 by Obershaw and seconded by Hinojosa. Mo- tion carried, to wit: Ayes: Blum, Obershaw, Hinojosa and Green. Nays: None. "... Abstention: None. Absent: Wilson, Stephenson and Guhin. AMENDMENT TO MALL SECURITY PROGRAM - Mr. Green explained to the Board the problems incurred by Agency in trying to ob- tain necessary liability insurance to cover Mall Security Officers. The only insurance the Agency was able to obtain was too expensive. The City of San Bernardino has agreed to hold the Agency harmless from any liability for damage or claims for damage etc. which might occur while a Mall Security Officer is performing his regular duties wi thin the Central City Mall. Mr. Guhin arrived at meeting at 3: 13 p.m. The following Resolution was adopted: RESOLUTION NO. 3384 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE SECOND AMENDMENT TO AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO RELATING TO THE MALL SECU- ,... RITY PROGRAM AND ELIMINATING INSURANCE COVERAGE THEREFOR. __ WHEREAS, the Redevelopment Agency is authorized and directed to execute on behalf of the Agency and the City, a Second Amendment to Agreement with the Agency, re- lating to the Mall Security program, a copy of which is attached hereto, marked "Exhibit A" and incorporated herein by reference as fully as though set forth at length. NOW, THEREFORE, BE IT RESOLVED that the Chairman and Secretary of the Redevelop- ment Agency be hereby authorized to execute Second Amendment to Agreement with the Redevelopment Agency of the City of San Bernardino and the City of San Bernar- dino relating to the Mall Security Program and eliminating insurance coverage therefor. Motion to adopt Resolution No. 3384 by Obershaw and seconded by Blum. Motion carried, to wit: Ayes: Blum, Obershaw, Hinojosa and Green. Nays: None. Abstention: Guhin. Absent: Wilson and Stephenson. Mr. Joe Baker representing the Sun Telegram asked how the Agency would stand if a law suit were filed against them. Mr. Green told him that the City would pro- tect the Agency. The City is self-insured. ,..- FINDER'S FEE-KENNEDY CADILLAC-SEIP \ j, I. Mr. Green informed the Board the item had been previously presented. Kennedy l..- Cadillace is constructing a facility to be relocated in the Agency's Southeast Industri- al Park Project Area. The Agency was not involved in the transaction, but under the terms of Agency Resolution No. 3167, the Licensed Real Estate Broker, Howard Lawson, Jr., is due a finder's fee in the amount of $25,288. The following Resolu- tion was adopted: 4622 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY HELD JUNE 2, 1977, AT 300 NORTH "D" STREET, SAN BERNARDINO, CALIFORNIA AT 3: 00 p.m. ~ I ...." Chairman Green called the Meeting to order at 3: 10 p.m. Roll Call showed the following: Agency Members Present: Blum, Obershaw, Hinojosa and Green. Agency Members Absent: Wilson, Stephenson and Guhin. Others: R. E. Shadwell, Jr., Executive Director, Wm. A. Flory, Agency Counsel and Barbara Brown, Executive Secretary. APPROVAL OF MINUTES: The Minutes of May 19, 1977 were submitted for approval. Motion for approval of Minutes made by Blum and seconded by Obershaw. Motion carried, to wit: Ayes: Blum, Obershaw, Hinojosa and Green. Nays: None. Ab- stention: None. Absent: Wilson, Stephenson and Guhin. GRADING CONTRACT-FREDERICKS-HANSEN PAINT CO .-SEIP. Mr. Green explained the terms of the Disposition Agreement between Agency and Martin J. Jaska, Inc. stipulate the Agency grade the site. After grading is completed construction will commence by Martin J. J aska, Inc. The following resolution was adopted: ~ RESOLUTION NO. 3383 ~ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH JESSE HUBBS & SONS IN THE AMOUNT OF $31,260.00 FOR GRADING OF FREDERICKS- HANSEN PAINT CO. SITE, SOUTHEAST INDUSTRIAL PARK REDEVELOP- MENT PROJECT AREA. WHEREAS, it is now necessary to commence the grading of the Fredericks-Hansen Paint Co. Site; and WHEREAS, in accordance with the Disposition Agreement between the Agency and Martin J. Jaska, Inc. , the Agency is obligated to grade the site; and WHEREAS, the Redevelopment Agency advertised for bids in the local newspaper, the Sun Telegram, for the required time; and WHEREAS, bids were received for said work, the lowest being from Jesse Hubbs & Sons in the amount of $31,260.00; and ~ WHEREAS, it is deemed in the best interest of the Agency to accept said bid. -'" NOW, THEREFORE BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino that the Chairman and Secretary be authorized to enter into con- tract with Jesse Hubbs & Sons for grading of Fredericks-Hansen Paint Co. in the amount of $31,260.00. ,- -- ,- ....... r f f L- 4621 also be an adjourned regular meeting held June 6, 1977 at 3: 00 p.m. to discuss the hotel development. Motion made to adjourn the meeting by Obershaw and seconded by Blum at 4: 25 p.m. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, and Green. Noes: None. Abstention: None. Absent: Stephenson, Wilson and Guhin. Adjourned: 4: 25 p.m. bl R. E. Shadwell, Jr. Executive Director 4622 Mrs. Press then requested that if anyone knew of persons in different areas of exper- tise, would they please send the names to City Hall, c/o her attention. She stated that she is making this request because Expo 81 will need all the experienced help that it can acquire. !IIIIIIiIII Mr. Hodgdon arrived at the meeting at 3: 50 and Mr. Green invited him to make his presentation to the Board. ...." Mr. Hodgdon expressed his concern regarding the engineering for his development. He also spoke regarding the progress made with the Public Utilities Commisssion regarding off site improvements and other improvements. He stressed the fact that these are importantly tied together. He stated that the parcels to the south have been graded and completed. He also stated that the street improvements contract should be let for bid soon. He discussed other matters that were of some concern to him. Mrs. Blum inquired if the Agency Board knew who Mr. Hodgdon's developers were and was informed no. Mr. Hodgdon then advised the board that in the past, he had had dealings with Winnebago, but was forced to forego the development because he was "competing against himself and the City in the State College Project". He further stated that he had paid cash for his land, as scheduled, and inquired if the other developers had done so. He was informed one escrow had closed. Mr. Hodg- don submitted a letter from his firm to Mr. Shadwell. The letter was not distributed to the Board Members. Mr. Stephenson inquired if Mr. Hodgdon needed an extension to his Disposition Agreement and Agency Counsel said that it was not necessary. ~ Mr. Hodgdon further stated that he has incorporated some of his business ventures into a corporation entitled Hodgdon ,Properties and that Mr. Chuck Racoosin would be the Executive Vice President of the corporation. ..... Mr. Hodgdon thanked the board for their consideration and said that Mr. Green and Mr. Shadwell were most helpful. Mr. Green then addressed Mr. Hodgdon by stating that it was his feeling that the Agency had submitted their best efforts and Mr. Hodgdon thereby conceded this fact. PRESENTATION-RICHARD RICE-J .C. PENNEY CO. Mr. Rice submitted a rendering indicating his desire that the J. C. Penney Co. be converted into. a Police Station. Mrs. Blum informed Mr. Rice that the Agency was not a developer and that he should take his renderings to someone with the expert knowledge necessary to put together a development. Mr. Rice stated that he felt that the Council had given him formal notification to meet with the Agency and state his needs. Mr. Green read from the Council Minutes that clearly stated that no offica1 council action had taken place with regard to Mr. Rice's proposal. Mr. Green thanked Mr. Rice and cautioned him that he should make sure he has council sanction before he incurs any further expense, both money-wise and time-wise. ~ Mr. Green then advised the Board that there would be a Joint Board and Council Workshop held at 4: 00 p.m. on Wednesday, June 1,1977 in the Convention Center and a regular meeting to be held Thursday, 3: 00 p . m on June 2, 1977. There will ....." r- -....... ,..., Iroo.-. ,... t ! ! l' I....." 4621 Motion made to adopt Resolution No. 3382 by Stephenson and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Stephenson and Green. Noes: None. Abstention: None. Absent; Wilson and Guhin. COMMITTEE REPORT-OFFER TO PURCHASE PENNEY BUILDING-VANIR RESEARCH Mr. Green stated that the committee had met with Mr. Frank Dominguez to discuss his proposal. However, a new concept was brought up at the meeting that Mr. Green did not wish to speak about at the present time until Agency Legal Counsel had written a legal opinion regarding the new concept's legality. Motion then made by Blum and seconded by Obershaw to refer the matter to Wm. A. Flory, Agency Legal Counsel for a legal opinion to be presented at the June 16, 1977 Regular Board Meeting. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Stephenson and Green. Noes: None. Abstention: None. Absent: Wil- son and Guhin. TIME EXTENSION -J ASKA, INC. -FREDERICKS- HANSEN PAINT CO. -SEIP . Mr. Green informed the board that Jaska, Inc. , is requesting a time extension due to the fact that the Agency is now out for bid for the grading on Fredericks- Hansen Paint Co. and it appears that the grading cannot be completed before June 30,1977. Jaska's escrow calls for a closing date of April 1, 1977, with an extension granted by the board until June I, 1977. Agency staff feels it appropriate due to the grading bid circumstances that J aska, Inc. be granted an extension until August I, 1977, thus negating any further delays and/or requests. Motion made by Stephenson and seconded by Obershaw to extend until August 1,1977 the closing date of Jaska, Inc.'s escrow. Motion carried by the following vote, to wit: A yes: Blum, Obershaw, Hinoj osa, Stephenson and Green. Noes: None. Abstention: None. Absent: Wilson and Guhin.. PROGRESS REPORT FROM WARNER HODGDON-RIVERVIEW CENTER-SEIP Inasmuch as Mr. Hodgdon was not in attendance at the meeting, Mr. Green referred to the next Agenda item. Mr. Green acknowledged Mrs. Press in the audience and requested that she make her presentation regarding Expo 81. He also expressed his regret that her name was not duly noted on the Agenda. Mrs. Press addressed the Board and the audi- ence, and introduced Mr. Jack Kelly, Vice President of Santa Fe Federal Savings and Loan in Ontario, California. Mrs. Press and Mr. Kelly both spoke advocating the advantages that will become a part of the San Bernardino area with reference to the location of the 1981 World's Fair locating in Ontario, California. Financing and other matters were discussed. One drawback, at the present time, is obtaining a favorable report from the Environmental Impact Committee on the location for the Fair. They have strict and stringent regulations that must be met. Mrs. Blum expressed her delight that the Fair could locate in the area and spoke with enthusiasm regarding the impact that the Fair had on the city of Spokane, Wash. Mr. Green then thanked Mrs. Press and Mr. Kelly for taking the time to be present at the Agency Meeting and for their presentation. 4620 Motion made to adopt Resolution No. 3381 by blum and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Stephenson and Green. Noes: None. Abstention: None. Absent: Wilson and Guhin. -, TRAVEL AUTHORIZATION - ALB UQUERQUE, NEW MEXICO -'" Mr. Green explained that the purpose of this visit is to review and write a report on the facility, the working relationship between the hotel and the convention center, check rates, take numerous photographs, which will ultimately become part of the hotel documents. The Albuquerque Inn was chosen because it has been concluded that this Inn I s quality, excepting food, is acceptable to San Bernardino. Discussion followed regarding the quality of the Albuquerque Inn. Mrs. Blum expressed con- cern that the quality of the San Bernardino Hotel might be diminished and was as- sured by Mr. Green, who in turn had been assured by the developers, that the San Bernardino Hotel would not be of a lesser quality that that which was previously stipulated and promised by the developers. Mr. Obershaw inquired regarding the status of the Agreement between Mr. Schwartz and the Agency Staff. The Staff was asked to check the status of said Agreement. The following Resolution was adopted: RESOLUTION NO. 3382 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CA. , AUTHORIZING THE TRAVEL OF TWO PERSONS TO ALBUQUERQUE, N.MEX., TO CONDUCT A COMPARABILITY REPORT IN SUPPORT OF THE HOTEL DEVELOPMENT DOCUMENTS, MAY 23 THROUGH MAY 26, 1977. """'" WHEREAS, Resolution No. 3364 of the Redevelopment Agency of the City of San Bernardino, California, requires that each trip made by an Agency Member or Staff Member or official on behalf of the Agency, outside of the City of San Bernardino, be specifically authorized by a resolution of the Agency Members; and .....- WHEREAS, Hotel Documents have been prepared, i. e . , the Disposition Agreement, Operating Agreement and the Declaration of Establishment of Easements, Covenants, Conditions and Restrictions supporting the Disposition Agreement; and WHEREAS, said Hotel Documents have named the Albuquerque Inn, N. M., as the minimum quality to be constructed in San Bernardino, and it is therefore necessary to have prepared a comparability report, including photographs, in support of the Hotel Documents; and WHEREAS, the written comparability report must be documented by a personal visit by Agency and/or City representatives supported by photographs; and therefore it becomes essential for the Agency Members to authorize travel for this purpose. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the travel of two persons to Albuquerque, N. Mex. May 23-26, 1977, to conduct a comparability report in support of the hotel development documents, is hereby approved; and their travel expenses are approved in accordance with Resolution No. 3364. ....., -'" "... "'- r \r ~ ,... "'- 4619 WHEREAS, the locations have now been determined for driveways and drain pipes on parcels 2,5 and the alley behind the CT A building and said items can now be installed. NOW, THEREFORE, BE IT RESOLVED that the Chairman and Secretary be hereby authorized to execute Change Order No. 1 with Riverside Construction Co. for an amount not to exceed $1,331.00, Southeast Industrial Park. Motion to adopt Resolution No. 3380 made by Obershaw and seconded by Stephenson. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Stephenson and Green. Noes: None. Abstention: None. Absent: Wilson and Guhin. TRAVEL AUTHORIZATION -SACRAMENTO Mr. Green stated that the Agency had pending legislation in Sacramento which is very important to the future of the Agency, and in particular Central City R-79 Pro- ject. It is the desiree of himself, Executive Director and the Mayor that certain Ag- ency Staff and City personnel travel to Sacramento to support Assembly Bill 1832 . Bill 1832 will go before the Housing & Community Development Committee June 15, 1977 in the afternoon. The following Resolution was adopted: RESOLUTION NO. 3381 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CA. , AUTHORIZING TWO DAYS TRAVEL OF APPROPRIATE CITY, AGENCY BOARD AND AGENCY STAFF PERSONNEL TO SACRAMENTO CA. , TO APPEAR BEFORE THE ST ATE ASSEMBLY COMMITTEE ON HOUSING & COMMUNITY DEVELOPMENT TO SUPPORT ASSEMBLY BILL NO. 1832. WHEREAS, Resolution No. 3364 of the Redevelopment Agency of the City of San Bernardino, California, requires that each trip made by an Agency Member or Staff Member or Official on behalf of the Agency, outside of the City of San Bernardino, be specifically authorized by a resolution of the Agency Members; and WHEREAS, A hearing regarding Assembly Bill No. 1832, authorizing the merger of the City of San Bernardino Redevelopment Projects, is scheduled for Wednesday morning, June 15,1977, before the Assembly Committee on Housing & Community Development; and WHEREAS, it is found essential for appropriate City, Agency Board and Staff personnel to travel to Sacramento to appear before this committee in support of Assembly Bill No. 1832. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that two days travel of City, Agency Board, and Agency Staff Personnel to Sacramento, Ca to appear before the State Assembly Committee on Hous- ing and Community Development, in support of Assembly Bill No. 1832 be hereby approved; and their travel expenses hereby approved in accordance with Resolution No. 3364. 4618 May 16, 1977; and WHEREAS, Kroehler Manufacturing Company has expressed their urgency in having the site prepared for construction by June 15, 1977; and ......, WHEREAS, the Mayor and Council on May 9, 1977 approved in principle the award of a contract by the Redevelopment Agency to the lowest responsible bidder, for the grading of the Kroehler Manufacturing Company site; and ....I WHEREAS, bids were opened May 16, 1977, and the lowest bid was submitted by J. Harris Construction Company , in the amount of $ 159,603.00 ; and WHEREAS, due to the time factor imposed on Huntley Properties by Kroehler Manu- facturing Company, the Agency Board Members on May 16, 1977 gave verbal approval of the award of the contract to J. Harris Construction Company the low bidder. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby ratify the award of a contract to J. Harris Construction Company , not to exceed the sum of $ 159,603.00 for site grading in support of the Kroehler Manufacturing Co. Development, South- east Industrial Park. Motion to adopt Resolution No. 3379 made by Obershaw and seconded by Blum. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Stephenson and Green. Noes: None. Abstention: None. Absent: Wilson and Guhin. ....... CHANGE ORDER NO. I-RIVERSIDE CONSTRUCTION CO-SEIP -J Mr. Green stated that this Change Order will enable Riverside Construction Co. to proceed with curb cuts for Bobby McGee's Conglomeration Restaurant. At the time the plans were drawn for said development, the location for the curb cuts had not yet been determined. After discussion the following Resolution was adopted: RESOLUTION NO. 3380 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO. ONE WITH RIVERSIDE CONSTRUCTION CO. FOR AN AMOUNT NOT TO EXCEED $1,331. 00, SEIP. WHEREAS, in accordance with the Owner Participation Agreement between Southern California Commercenter Ltd. , and the Redevelopment Agency, it was agreed that the Agency would provide off-site improvements for five parcels, including Bobby McGee's Conglomeration Restaurant; and ~ WHEREAS, at the time the plans for off-site improvements were designed, the location of driveways and drains had not been determined by the developer; and .....J WHEREAS, said driveways and drains were not included in the original contract; and r-- --- ,.. f, ....... r- L 4617 WHEREAS, the Environmental Impact Reports provided for these newly adopted Redevelopment Project Areas are for areas within the City of San Bernardino immediately contiguous to the Central City Project Area, and their findings would be similar to that of the Central City Project; and WHEREAS, a survey has been made on Agency Form SBRDA-49, Environmental Information Checklist, determining that the proposed development of a hotel within the Central City Project will not have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby find and determine that the proposed devel- opment of a hotel within the Central City Project Area, is not in conflict with the adopted Redevelopment Plan for the project area, and will not have a significant effect on the environment. BE IT FURTHER RESOLVED that the Secretary is hereby authorized and directed to file a Negative Declaration of Environmental Impact related to said development. Motion made to adopt Resolution No. 3378 made by Stephenson and seconded by Ober- shaw. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Stephenson and Green. Noes: None. Abstention: None. Absent: Wilson and Guhin. Mr. Baker questioned one of the answers on the Questionnaire and it was agreed that it was a typographical error which would be corrected. Mr. Green thanked Mr. Baker for calling the error to the Agency's attention. GRADING CONTRACT-KROEHLER MANUFACTURING COMPANY Mr. Green replied that the Board had previously been verbally polled regarding this contract and that said contract had been approved by the Council. The following Resol- ution was adopted: RESOLUTION NO. 3379 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RATIFYING THE AWARD OF A CONTRACT TO J. HARRIS CONSTRUCTION COMPANY NOT TO EXCEED THE AMOUNT OF $ 159,603.00 FOR SITE GRADING IN SUPPORT OF THE KROEHLER MANUFAC- TURING CO. DEVELOPMENT, SOUTHEAST INDUSTRIAL PARK WHEREAS, pursuant to a Disposition Agreement entered into between the Rede- velopment Agency and Huntley Properties, for property within Southeast Industrial Park, the Agency agreed to provide grading necessary to build on the sites as pro- vided by Huntley Properties; and WHEREAS, Huntley Properties propose to develop Kroehler Manufacturing Company on a portion of Parcel 3, Tract 2038; and WHEREAS, the Agency invited bids for grading of this site, which bids were opened 4616 WHEREAS, the owners of the property, James D. Fleming, Wm. F. Shaw, and Rosalind S. Harris, have agreed to sell this property to the Agency for the assessed value of $140,400; and ~ WHEREAS, the Mayor and Common Council, on May 9, 1977, approved in principle the acquisition by the Agency of this parcel of land for $140,400. ...", NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby approve the acquisition of Parcel No. 134-131-05, from James D. Fleming, Wm. F. Shaw and Rosalind S. Harris, for the price of $140,400, and the Secretary and Chairman are directed to prepare and execute all the necessary documents regarding said sale. Motion to adopt Resolution No. 3377 made by Obershaw and seconded by Blum. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Stephenson and Green. Noes: None. Abstention: None. Absent: Wilson and Guhin. Mr. Stephenson then inquired who would be paying for the improvements after the building is demolished and was informed that Omnitrans would be paying for the improvements and responsible for the ultimate construction of the new bus facility. HOTEL DEVELOPMENT-ENVIRONMENTAL IMP ACT After review of the Report the board passed the following Resolution: ~ RESOLUTION NO. 3378 """'" RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, FINDING AND DETERMINING THAT THE PROPOSED DEVELOPMENT OF A HOTEL WITHIN THE CENTRAL CITY PROJECT, WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT; AND DIRECTING THE SECRETARY TO FILE A NEGATIVE DECLARATION OF ENVIRONMENTAL IMP ACT WHEREAS, the Redevelopment Plan and Report of the Central City Project Area were adopted by the Mayor and Council by Ordinance No. 2649, February 24, 1965; and WHEREAS, the Plan of Development for the Overall Central City Area provides for the development of a Central City Hotel on "E" Street, between City Hall, the 5-level parking structure and the Convention Center; and WHEREAS, the California Environmental Quality Act of 1970 provides that an Environmental Impact Report or a Negative Declaration must be provided for all new developments; and """"'" WHEREAS, Environmental Impact Reports have been provided for all new redevelop- ment project areas and have been approved by the Redevelopment Agency and the Mayor and Common Council; and .,...j 4615 from Sinclair Paint Co. , for Parcel No.2, of Parcel Map No. 3762 (the south- west corner of 4th and "H" Streets), Central City Project Area, and a public hearing was scheduled for the proposed sale; and ,,-- ........ WHEREAS, public disclosure of the Agency's intention to sell this property was made in accordance with Section 33431 of the California Health and Safety Code, and was published in the Sun Telegram on May 10 and 17, 1977; and WHEREAS, a Public Hearing regarding this proposed sale was held on May 19, 1977, in accordance with said Section 33431 of the California Health and Safety Code; and WHEREAS, the offering price of $78,410.50 appears to be an equitable purchase price for said parcel of land. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to enter into a Contract for Sale for Parcel No.2, Parcel Map 3762, Central City Project Area, with Sinclair Paint Company, a division of Insilco Financial & Realty Corporation, for the purchase price of $78,410.50. BE IT FURTHER RESOLVED that the sale of this property is contingent upon the ratification of the Mayor and Common Council of the City of San Bernardino, and the approval of the redeveloper by the Department of Housing and Urban Development. ".. Motion made to adopt Resolution No. 3376 by Blum and seconded by Stephenson. Mo- tion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, ltoooo.- Stephenson and Green. Noes: None. Abstention: None. Absent: Wilson and Guhin. ACQUISITION OF PARCEL NO. 134-131-05, CENTRAL CITY NORTH-FLEMING BLDG. Mr. Green explained to the board that so far the only Agency action has been a motion in principle authorizing the acquisition of the property. At this time we will adopt a Resolu- tion authorizing purchase of the property by Agency. The property is valued at $140,400, the price the Agency is paying for the property. The following Resolution was adopted: RESOLUTION NO. 3377 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ACQUISITION OF PARCEL NUMBER 134-131-05, AT A COST OF $140,400.00, CENTRAL CITY NORTH PROJECT, FROM FLEMING, SHAW & HARRIS WHEREAS, the Redevelopment Plan for Central City North was approved by Ordinance No. 3366, August 6, 1973; and ,... WHEREAS, the Agency Board at a meeting held January 13, 1977, approved in principle the acquisition of Parcel No. 134-131-05, the northwest corner of 4th and "E" Streets; and ....... 4614 by the adoption of Resolution No. 3370, 5-5-77, received an Offer to Purchase from Tom P. Colich, John M. Colich and Mark A. Ostoich, a general partnership, for Parcel No. 134-182-5, Central City Project Area, and set a public hearing on said proposed sale; and ..., ! .....,# WHEREAS, public disclosure of the Agency's intention to sell this property was made in accordance with Section 33431 of the California Health and Safety Code, and was published in the Sun Telegram on May 10 and 17, 1977; and WHEREAS, a Public Hearing regarding this proposed sale was held on May 19, 1977, in accordance with said Section 33431 of the California Health and Safety Code; and WHEREAS, the offering price of $84,288.00 appears to be an equitable purchase price for said parcel of land. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to enter into a Contract for Sale for Parcel No. 134-182-5, Central City Project, with Tom P. Colich, John M. Colich and Mark A. Ostoich, a general partnership, for the purchase price of $84,288.00. BE IT FURTHER RESOLVED that the sale of this property is contingent upon the ratification of the Mayor and Common Council of the City of San Bernardino, and the approval of the redeveloper by the Department of Housing and Urban Development. ~ Motion made to adopt Resolution No. 3375 made by Obershaw and seconded by Stephenson. ....J Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Stephenson and Green. Noes: None. Abstention: None. Absent: Wilson and Guhin. PUBLIC HEARING-SALE OF PARCEL NO.2, PARCEL MAP NO. 3762, SINCLAIR PAINT CO. Mr. Green opened the public hearing at 3: 07 p.m. for the sale of Parcel No.2, Parcel Map No. 3762 for regional offices for Sinclair Paint Co. to be located within the Cen- tral City R-79 Project Area. Mr. Green called for opposition and/or support of the development. No discussion and Mr. Green closed the meeting at 3: 08 p. m . Mr. Green then called for the adoption of the following Resolution: RESOLUTION NO. 3376 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SALE OF PARCEL NO.2, OF PARCEL MAP NO. 3762 (S.W. CORNER OF 4TH & IIHII STREETS), CENTRAL CITY PROJECT, TO SINCLAIR PAINT CO. , A DIVISION OF INSILCO FINANCIAL & REALTY CORPORATION """'" WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, by the adoption of Resolution No. 3371, 5-5-77, received an Offer to Purchase ....J ~ ........ [ ". "- 4613 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CA., HELD ON MAY 19, 1977, 3: 00 p.m., 300 NORTH "D" STREET, SAN BER- NARDINO, CALIFORNIA. Chairman Green called the meeting to order at 3: 01 p . m . Roll Call showed the following: Agency Members Present: Blum, Obershaw, Hinojosa, Stephenson and Green. Agency Members Absent: Wilson and Guhin. Others Present: R. E. Shadwell, Jr. , Executive Director, Wm. A. Flory, Agency Legal Counsel and Barbara A. Brown, Executive Secretary. APPROVAL OF MINUTES: The Minutes of May 5, 1977 were submitted for approval. Motion made for approval of Minutes by Stephenson and seconded by Blum. Motion carried by the following vote, to wit: Ayes. Blum, Obershaw, Hinojosa, Stephenson and Green. Noes: None. Abstention: None. Absent: Wilson and Guhin. APPROVAL OF EXPENDITURES: The Expenditures for the month of April, 1977, were submitted for approval. Joe Baker, representing the Sun Telegram, inquired regarding the expenditure of $249,000 to the School District. Mr. Green explained to Mr. Baker that this was the pay- ment for the Harding-Conrad School Site, where the new Senior Citizen Complex will be built. With no further discussion, motion was made to approve the expenditures by Blum and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Blum, Ober- shaw, Hinojosa, Stephenson and Green. Noes: None. Abstention: None. Absent: Wilson and Guhin. Mrs. Thelma Press was introduced to the Board Members by Mr. Green. Mrs. Press would give a presentation later on in the meeting regarding Expo 81. PUBLIC HEARING-PARCEL NO. 124-182-5, CENTRAL CITY PROJECT-COLICH, COLICH & OSTOICH. Mr. Green opened the public hearing for the sale of Parcel No. 134-182- 5 to Colich, Colich & Ostoich at 3: 05 p.m for the development of a racquetball/handball court facility to be located within the Central City R-79 Project Area. Mr. Green called for opposition and/or support of the development. No discussion and Mr. Green closed the hearing at 3: 06 p . m . Mr. Green then called for the adoption of the following Resolution: RESOLUTION NO. 3375 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA ,APPROVING THE SALE OF PARCEL NO. 134-182-5, CENTRAL CITY PROJECT, TO TOM P. COLICH, JOHN M. COLICH AND MARK A. OSTOICH, A GENERAL PARTNERSHIP WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, 4612 "'"'" the exact amount of funding requested is unknown by the Agency at this time. Mr. Baker questioned the City's action and was informed by Mr. Green that any and all information regarding this matter would have to be answered by City personnel. The City must show clear title to the Elk's Building before they can receive their requested funding. Motion then made by Obershaw and seconded by Guhin to authorize the granting of Option and to authorize Agency Legal Counsel to prepare the necessary Agreement between the Agency and the City. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. This action must be acted upon as quickly as possible in order for the City to forward the neces- sary documents to EDA. The documents will be prepared for the signatures of the Chairman and the Executive Director. -" Mr. Stephenson left the meeting at 4: 25 p.m. Mr. Green introduced, as an added item to the Agenda, Leases to be executed between the Agency, the City and the County pertaining to Agency owned properties within the pro- posed super-block concept. Mr. Green described the necessity of these Leases being entered into in order to completely execute the full Agreement between the City-County and Agency. Mr. Baker then asked a question with reference to the Community Devel- opment Application containing their request for $300,000 for the purpose of purchasing the properties involved by the City. Mr. Green informed him that the application is in progress and he had no reason to believe that HUD will disapprove the $300,000 request. ~ The Agency does, however, need a motion authorizing the Chairman and Executive Dir- ector to execute these Leases to become a part of the basic Agreement. Motion made by Obershaw and seconded by Guhin authorizing the Chairman and Executive Director to sign said documents. Motion carried by the following vote, to wit: Ayes: Blum, Ober- shaw, Hinojosa, Wilson, Guhin and Green. Noes: None. Abstention: None. Absent: Stephenson. ......J Motion made to adjourn at 4: 30 p . m. by Wilson and seconded by Obershaw. Motion car- ried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Guhin and Green. Noes: None. Absent: Stephenson. Mr. Richard Rice attempted to address the board, but was informed by Mr. Green that the meeting was over and he must go to the City Council with his comments regarding a proposed Police Department. R. E. Shadwell, Secretary .-.. .,,; bl 4611 ~ Agency property located in Central City South for a fireworks display. Their request i has already been approved by the Fire Department. Motion made by Obershaw and seconded by Blum to approve request for fireworks display by the Sun Telegram, with \.- assurance they provide $500,000 liability insurance with Agency named as co-insured and that the necessary clean-up be provided. Mr. Du Four stated that this would be taken care of. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None. Abstention: None. Absent: None. OTHER BUSINESS: Mr. Green read aloud the following letter: City of San Bernardino May 5, 1977 Mr. Ralph Shadwell, Executive Director Redevelopment Agency of San Bernardino 300 North "D" Street San Bernardino, CA 92418 "... Dear Mr. Shadwell: ~; ~ -... The Economic Development Administration has advised us, this day, that they cannot process our request for funding the conversion of the Elk I s Building into a Police head- quarters without proof of ownership. After a conversation with Mr. Darrel Johnson, their legal counsel, concerning the Elk I s- RDA -City arrangement for financing the purchase of the building, Mr. Johnson indicated EDA would accept an option to buy, accompanied by a certification from the Director of Finance that the City has the funds available, in lieu of clear title. We request, therefor, that the Agency give the City an option to buy the Elk's Build- ing, for renovation into a Police headquarters, for a period of 90 days, or for a period to end 30 days after EDA approves our grant request. Since the EDA is now engaged in processing the grants, again, in expectation of early funding, time is of the essence. Your prompt attention to this request would benefit all involved. Sincerely, fIl'I' Morse Topper Deputy City Administrator ......... Mr. Green then referred to the Public Works Bill that has recently gone to the Presi- dent of the United States for action. The City has already applied for funds, however, 4610 ~ REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA .",fIlII By' Chairman ATTEST: "By Secretary (SEAL) I hereby approve the form and legality of the foregoing Addendum to the ~ Parking Facilities Lease this day of . 1977. ....J Agency Counsel Motion made to adopt Resolution No. 3374 by Wilson and seconded by Obershaw. Motion carried by the following vote, to wit: Ayes: Blum, Obershaw, Hinojosa, Wilson, Stephenson, Guhin and Green. Noes: None Abstention: None Absent: None. COMMITEE REPORT - VANIR RESEARCH- PROPOSAL TO BUY PENNEY BUILDING Mr. Green informed the Board that the Commitee had not yet had time to meet with Vanir Research Co, however, there will be a report prior to the board meeting. Mr. Obershaw stated that it had been brought to his attention that Mr. Dominguez is not the only person interested in relocating the Social Security offices. The Woolworth Building is also under consideration by other parties. ~ FIREWORKS DISPLAY -CENTRAL CITY SOUTH -SUN TELEGRAM REQUEST Mr. Roy E. DuFour, Manager of Public Services D:partment of the Sun Telegram ad- dressed the Board. He stated that the Sun Telegram would like permission to use .,J IN WITNESS WHEREOF, the Agency and the City have caused this Addendum to the Parking Facilities Lease to be executed and attested by their proper officers 'thereunto duly authorized, and their official seals to be hereto affixed,. all as of the day and year first above written. . ,.... CITY OF SAN BERNARDINO, CALIFORNA i".,...... By Mayor ATTEST: By City Clerk (SEAL) I hereby approve the form and legality of the foregoing Addendum to the ~ Parking Facilities Lease this day of , 1977. '-" City Attorney 4449 Motion carried by the following vote. to wit: Ayes: Obershaw. Hinojosa:; Stephenson. l Guhin and Green. Nays: None. Abstention: None. Absent: Blum and Wilson. 1 ......." R. E. Shadwell. Jr. Executive Director ....''"' I , ! ......,,; ...""'" f J r ...... ,. fu ~. '-- ".. ; t , '-- 4448 (see enclosed letter) and we are requesting as a part of the Agency's agreement to provide increment for necessary on/off-site preparations, that this indicated amount be included. Our project for the senior citizens, in contrast to other pro- jects identified with the Agency, will require only a minimal investment by the Agency for improvements. May we request that the Agency Board approve the expenditure of $2,626 for the payment of engineering plans and specifications provided by Krueper Engineering and Associates which are required by HUD for the final funding approval for the Pioneer Park Plaza (Senior Citizens) Apartments. Most appreciatively, Clyde Alexander, Partner Alexander-Weissman/Developers Mr . Alexander informed the board that Mr. Krueper stated that this additional work was not included in the original engineering contract with his firm. Mr. Jones, Director of Operations concurred with Mr. Alexander on this statement. Mr. Green read aloud exerpts from Krueper Engineering & Associates letter to Alexander and Weissman Developers dated May 20, 1977. Mr. Green inquired if the additonal work was set forth in the Disposition Agreement and Mr. Alex- ander stated that he felt it was. Mr. Green then asked Mr. Alexander when HUD needed an answer and was informed by Mr. Alexander, as soon as possible. Mr. Green then asked the board if they would permit the staff to review the Dis- position Agreement. After review of the Agreement the board members will be contacted by telephone for verbal permission, if it is found that the additional work is set forth in the Disposition Agreement and that the Agency can pay the additional costs required to finish the engineering work by Krueper. Mr. Obershaw stated he felt it unnecessary to notify board members by phone, and if the work could be performed and paid for, for the staff to act accordingly. Motion made by Obershaw and seconded by Hinojosa authorizing Agency Staff to review Alexander-Weissman's Disposition Agreement to allow additional payment of engineering work to Krueper Engineering & Associates, if said additional work is set forth in the Disposition Agreement. Motion carried by the following vote, to wit: Ayes: Obershaw, Hinojosa, Stephenson, Guhin and Green. Nays: None. Abstention: None. Absent: Blum and Wilson. Mr. Green stated that if the work is not authorized in the Disposition Agreement, the developers must come back and appear before the board with their request and also appear before the City Council for request for amended Disposition Agree- ment. Mr. Alexander stated that if the additional work is not provided for in the Disposition Agreement, he and Mr. Weissman will go ahead and pay the additional $2,626 themselves. Motion to adjourn made by Stephenson and seconded by Obershaw at 3: 48 p.m. 4447 appointed by the board to review this matter had the following to report. Could the Agency legally lease the Penney Building to Vanir Research? Would the lease payments be sufficient to cover the debt service on the note? After the note is cleared, could the Agency then deed to Vanir Research? Mr. Flory, Agency Counsel stated that he feels the concept is legal, but would present many prob- lems. The Agency would have to renegotiate with Upham Trust who have al- ready stated that they will not discount the note. The Agency owes interest payments to Upham Trust for almost one year. If VaniJ.- Research should i liefault on the lease payments the Agency would be in an unfeasible financial situation. Mr. Obershaw, one of the members of the committee to review the matter, stated that Mr. Dominguez's idea of the concept was that the write down on the land would be the same as a 5 year tax increment. Mr. Green said that he spoke with Mr. Dominguez on Tuesday, July 5, 1977, and that Mr. Dominguez felt confident that he would' have a-major occupant for the building. Mr. Green tp,en asked the board ,members totable the matter ,allowing Mr,. Dominguez time to find a major ten.ant; Motion totable the matter made by: Qbershaw andisecondedby Guhin. Motion carried by the following vote, to wit: Ayes: Obershaw, Hinojosa, Stephenson, Guhin and Green. Nays: None. Abstention: None. Absent: Blum and Wilson. ~ I 1 I I -J Discussion revealed that Vanir Research's Exclusive Option had expired. The motion does not extend the Exclusive Option to Purchase. Mr. Green said that he appreciated Mr. Dominguez's efforts in trying to find a tenant for the structure. Mr. Green also stated that in view of these actions, the building would be available to any developer, including Vanir Research. ~ I ......J OTHER BUSINESS. Mr. Clyde Alexander appeared before the board and submitted letters he had re- ceived relative to the Senior Citizens Housing development wherein Mr. Alexander and Mr. Weissman are the developers. Mr. Green read aloud the following letter. July 7, 1977 Agency Board Redevelopment Agency of the City of San Bernardino 300 North "D" Street San Bernardino ,CA 92401 Attn: Wallace Green, Chairman Honorable Agency Board Members: One of the final approvals for the Pioneer Park Plaza (Senior Citizen) Apartments by the Department of Housing and Urban Development (HUD) is con- """, tingent sic. puon the submission of complete engineering plans and specifications I being developed by Krueper Engineering & Associates. ...J The costs related to the engineering plans and specifications will total $2,626 r r f,' It -- ,. '- ,.. -- 4446 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California desires to dispose of certain parcels of land within Southeast Industrial Park; and WHEREAS, the Agency has received an Offer to Purchase; and WHEREAS, the redeveloper proposes to purchase said parcel of land for the offering price of $24,680.00, and deposited with the Agency an Option Deposit Check in the amou~t of $1,234.00; and WHEREAS, the Agency has evaluated the proposal received and has determined that a Public Hearing should be scheduled for the sale of this land. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby rec,eive the Offer to Purchase submitted by Richard J, Kreiner'. Individual, for the development of Futurex Industries, Inc. , and does hereby determine that the proposed developer is qualifed to develop said parcel of land. BE IT FURTHER RESOLVED that the Secretary is hereby authorized to publish the Notice of Public Hearing to be held July 21, 1977 at 3: 00 p.m., for the sale of this land. ' Motion to adopt Resolution No. 3397 by Stephenson and seconded by, Obershaw . Motion carried by the following vote, to wit: A yes: Obershaw, Hinojosa, Stephenson, Guhin and Green. Nays: None. Abstention: None. Absent: Blum and Wilson. AGENCY COUNSEL REPORT REGARDING OFFER OF V ANIR RESEARCH CO. TO PURCHASE PENNEY BUILDING-CC NORTH. Mr. Green stated that he would like to hold this item over until Mr. Frank Dominguez arrived. No objections and the board moved to the next item on the Agenda. APPROVE MOTION EXTENDING CURRENT OPTION TO PURCHASE ELKS CLUB UNTIL NOVEMBER 15, 1977. No discussion on this matter. Motion to extend the current Option to Purchase the Elks Club Building until November 15, 1977 and authorize the Chairman and Executive Director to execute new Option made by Stephenson and seconded by Obershaw. Motion carried by the following vote, to wi t: Ayes: Obershaw, Hinojosa, Stephenson, Guhin and Green. Nays: None. Abstention: None. Absent: Blum and Wilson. Recording machinery reset at 3: 30 p . m. At this time Mr. Green referred to the Legal Report on the Penney Building. Mr. Obershaw asked Mr. Jim Hicks, representing Vanir Research if they wished to extend their option and Mr. Hicks replied no, that it was essential they move on this project. Mr. Green stated that the committee previously 4645 and the City, providing for the disposition of the remaining properties and the re- servation of surplus funds for the City's Community Development program; and ,""""" WHEREAS, said Closeout Agreement has been reviewed and approved as to legal form and adequacy by Agency Counsel and the City Attorney. .-J NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman is hereby authorized to execute, and the Secretary to attest, on behalf of the Redevelopment Agency, the Closeout Agree- ment prepared by the Department of Housing and Urban Development, for the financial settlement of the Central City Proj ect No.1, Calif. R -79. Motion made to adopt Resolution No. 3396 by Obershaw and seconded by Guhin. Motion carried by the following vote, to wit: Ayes: Obershaw, Hinojosa, Stephenson, Guhin and Green. Nays: None. Abstention: None. Absent: Blum and Wilson. Joe Baker representing the Sun Telegram inquired about the sum of 1.8 Million Dollars he thought due the Agency as a result of the HUD closeout. Messrs. Shadwell and Green knew nothing about what he was referring to and so informed Mr. Baker. Mr. Baker then requested the Agency I s Director of Finance, Mrs. Glenda Saul to check into the matter. Mr. Green stated that Mrs. Saul would be asked to comply with Mr. Baker's request. RECEIVE OFFER TO PURCHASE AND SET PUBLIC HEARING FOR THE DEVEL- OPMENT OF FUTUREX INDUSTRIES, INC. ~ Mr. Green stated Futurex had announced plans to develop an industrial facility comprised of approximately 6 acres of land to be located in the Agency's Southeast Industrial Park. The Offer to Purchase included a deposit check in the amount of $1,234.00. The purchase price of the property is $4,000 per acre for a total price of $24,686.00. Mr. Obershaw inquired what the Agency paid for the property and Mr. Green informed him the Agency paid $11,000 per acre for the property. Mr. Green gave a brief dissertation on the facets of land cost write downs. Mr. Green explained that the tax increment assistance for this development is less than 5 years. Mr. Obershaw asked if the Agency would be requested at a later date for other assistance and Mr. Green informed him yes. Mr. Green stated that the developer will be requesting rail to accommodate three rail cars and preliminary grading in the Disposition Agreement. All assistance would be less than the 5 year tax incre- ment resolution available to the developer. Mr. Green stated that Futurex will em- ploy 125 persons and the total estimated cost of the development is $1,200,000. Further, they expect to be in production by January 1, 1978. Mr. Stephenson made a motion, seconded by Mr. Obershaw to accept the Offer to Purchase and set a Public Hearing for July 21, 1977 at 3: 00 p.m. The following resolution was adopted: -J RESOLUTION NO. 3397 """""l .1 I \ . i t RESOLUTION OF THE REDEVELOPMENT AGENCY RECEIVING OFFER TO PURCHASE A PORTION OF PARCEL 5, INCLUDING LOTS A AND C AND A PORTION OF LOT 6, TRACT NO. 2038, SOUTHEAST INDUSTRI- AL PARK REDEVELOPMENT PROJECT AREA FROM RICHARD J. KREMER, INDIVIDUAL, AND DETERMINING THAT SAID REDEVELOPER IS QUALIFIED TO REDEVELOP SAID PARCEL OF LAND. ......; ,.. I ~ ..... 4644 WHEREAS, Krueper Engineering & Associates submitted the low proposal in the amount of $2,824.00; and '),' ! j" WHEREAS, it is deemed'in the best interes't of the :Agency t0acceptthe proposal of Krueper Engineering & Associates. NOW, THEREFORE, BElT RESOLVED by the Redevelopment Agency of the City of San Bernardino that the Chairman and Secretary be hereby authorized to enter into' Contract with Krueper Engineering & ASsdciates ,fori prolessionalengineering services for an amount not td exceed $2,824.00, Central City North. " Motion'tor adopt >ReS(;jlution~No. 3395'by Stephenson andJseconded by Hinojosa.~ Motion carried by the followfng vote, to wit: ' Ayes: 'Obershaw, Binofi,osa, Stephenson, Guhin and Green. Nays: None. Abstention: None. Absent: Blum and Wilson. CLOSEOUT AGREEMENT WITH HUD-CENTRAL CITY PROJECT-CALIF. R -79 Mr. Green explained that the closeout consummates the agreement between the Agency, City and concurred in by HUD, with reference to Central City Project, Calif- R-79. The project has in actuality been closed since May 31, 1977. Mr. Green fur- ther stated the the closeout will eventually cause over $850,000 to go into the City's Community Development Fund. The Closeout Agreement must go before the City f'IIIl Council at their meeting July 11, 1977 for approval. The following resolution was adopted: ~ ,. , D Ii -- 'I - , RESOLUTION NO. 3396 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION 'OF A CLOSEOUT AGREEMENT, CENTRAL CITY PROJECT NO. 1" CALIF. R-79 WHEREAS, the Rede-velopment Agency of the City of ,San Bernardino, California, entered int6' a Loan and Grant Contract No ~ R..,79 (LG), ,dated March 21, 1967, as aIriehded, 'with the United States Department of Housing and Urpan Development, for the financing of the Central :City Project; and WHEREAS, the Redevelopment Agency and the City of San Bernardino, on November I, 1966, entered into a Local Grant-In-Aid and Cooperation Agreement, for the undertaking of the Central City Project; and WHEREAS, the Redevelopment Agency and the City of San Bernardino desire to effect a financial settlement of the Central City Project, which will result in full repayment of all temporary loans; and WHEREAS, the Central City project activities have been substantially completed except for the sale of five parcels of project land. and the financial settlement will result in surplus unearned grant. which shall be reserved by HUD for use by the City in their Community Development Block Grant Program; and WHEREAS. HUD has prepared and presented to the Redevelopment Agency and the City of San Bernardino a "Closeout Agreement" for execution by both the Agency 4643 the low bid of $2,683.00; and WHEREAS, it is deemed in the best interest of the Agency to accept the lowest best qualified bid from CCC Land Clearing & Wrecking for an amount of $2,683.00. I"""'"" NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino authorize the Chairman and Secretary to enter into Contract with CCC Land Clearing & Wrecking for demolition of the Fleming Building in an amount not to exceed $2,683.00, Central City North. .......J Motion made to adopt Resolution No. 3394 by Obershaw and seconded by Hinojosa. Motion carried by the following vote, to wit: Ayes: Obershaw, Hinojosa, Stephenson, Guhin and Green. Nays: None. Abstention: None: Absent: Blum and Wilson. ENGINEERING CONTRACT-KRUEPER ENGINEERING-M AND R PROPERTIES Mr. Green stated that the Agency had entered into an Owner Participation Agreement with M and R Properties in May of 1974. At the time of the inception of the Owner Participation Agreement, the Agency obligated itself to provide installation and construction of public improvements. The developer is now asking the Agency to proceed with their obligations and share in the participation of the rehabilitation of public areas. Mr. Obershaw inquired if the Agency did pay for the engineering costs, would the Agency be obligated for further costs. Mr. Shadwell informed him that the Agency would be obligated for improvements in the approximate amount of $10,000. Mr. Green stated in his own personal opinion that he feels some improvements should be done. Mr. Obershaw inquired why the City didn I t pay for this expense. Mr. Green replied that the work could be done by either the City or the Agency, but the property is located within a Redevelopment Project Area. Mr. Obershaw then inquired if the Agency would receive any money from the development and Mr. Green informed him that the Agency was already re- ceiving tax increment. Mr. Stephenson stated that insofar as the Agency had entered into the Owner Participation Agreement and the expense was not too extreme, he would make a motion to adopt the resolution. The following resolution was adopted: """"" , .......J RESOLUTION NO. 3395 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES FOR KRUEPER ENGINEERING & ASSOCIATES FOR AN AMOUNT NOT TO EXCEED $2,824.00, CENTRAL CITY NORTH. WHEREAS, the Agency entered into an Owner Participation Agreement with Dr. Robert R. McLachlan, May, 1974, to provide the installation and construction of public improvements; and "'^""'\ WHEREAS, in order to comply with the terms of the Owner Participation Agree- ment, it is necessary to employ the engineering services of a professional eng- ineering firm; and ......J r- -- ,.. ...... ". f~ It -- 4642 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO HELD JULY 7, 1977 AT 3: 00 P.M. , 300 NORTH "D" STREET, SAN BERNARDINO, CA. Chairman Green called the Meeting to order at 3: 05 p.m. Roll Call showed the following: Agency Members Present: Obershaw, Hinojosa, Stephenson, Guhin and Green. Agency Members Absent: Blum and Wilson. Others: R. E. Shadwell, Jr. , Executive Director, Wm. A. Flory, Agency Counsel and Barbara Brown, Executive Secretary. APPROV AL OF THE MINUTES: The Minutes of June 23, 1977 were submitted for approval. Motion made to approve Minutes by Stephenson and seconded by Guhin. Motion carried by the following vote, to wit: Ayes: Obershaw, Hinojosa, Stephenson, Guhin and Green. Nays: None. Abstention: None. Absent: Blum and Wilson AWARD DEMOLITION CONTRACT FOR UNIT NO.9-FLEMING BUILDING-CC NORTH Mr. Green informed the board that the contract does not cover both Fleming Buildings, only the two story Fleming Building. Mr. Obershaw inquired how many bids were received and was informed three bids were received. The low bidder, CCC Land Clearing & Wrecking has not done demolition work for the agency, but the recom- mendations submitted by the firm and those solicited by Staff were excellent. The following resolution was adopted: RESOLUTION NO. 3394 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO DEMOLITION CONTRACT WITH CCC LAND CLEARING & WRECKING FOR AN AMOUNT OF $2,683.00, FLEMING BUILDING, CENTRAL CITY NORTH. WHEREAS, it is the desire of the Agency to demolish property commonly known as the Fleming Building located in the Redevelopment Agency's Central City North Proj ect Area; and WHEREAS, the contract will include demolition, grading, removal of exposed utility pipes, wires, boxes and/or other devices not required for providing service, dres- sing remaining utility equipment, repairing holes, cracks or other damage to walls exposed after the demolition and painting of walls; and WHEREAS, the Invitation for Bid for said work was advertised for the required length of time in the local newspaper, the Sun Telegram; and WHEREAS, three bids were submitted with CCC Land Clearing & Wrecking submitting ,......, ....., ......, .....J -'~ .......J fIIIIl -- filii' ........ r- lk ~ i.- 4641 Mr. Colletti that the initials stood for OVERALL CENTRAL CITY REDEVELOPMENT FUND. At this point, Mr. Green told Mr. Colletti to put his questions in writing, for- ward to the Agency and the Agency would reply as rapidly as possible to his questions. Motion for adjournment made by Stephenson and seconded by Wilson. Motion carried by the following vote, to wit: Ayes: Blum, Wilson, Stephenson and Green. Nays: None. Abstention: None. Absent: Obershaw, Hinojosa and Guhin . Adjournment: 4: 30 p.m. R. E. Shadwell, Jr. Executive Director 4640 AUTHORIZATION OF AGENCY LEGAL COUNSEL TO DEFEND THE AGENCY AGAINST ROCKLAND GREENESTONE vs. SAN BERNARD,INO REDEVELOPMENT AGENCY . ~ Mr. Wilson stated that he felt the Agency must defend itself against the charges that have been brought against the Agency and that he personally feels the case is ......,J ridiculous. Mr. Green stated that in his opinion the case was one of the most ridicu- lous cases that he has ever heard of. Motion made by Wilson and seconded by Stephenson to authorize Agency Counsel to defend the Redevelopment Agency in the case, Rockland Greenestone vs. the Redevelopment Agency of the City of San Bernardino. Motion carried by the following vote, to wit: Ayes: Blum, Wilson, Stephenson and Green. Nays: None. Abstention: None. Absent: Obershaw, Hinojosa and Guhin . Mrs. Blum stated that inasmuch as this is a IIclass action suitll are there other people behind the suit. Mr. Green replied that the case is in actuality a IItaxpayers suitll . Mrs. Blum further stated that she would like to know who is behind the suit against the Agency. Mr. Cloud stated that the Agency will not, in all probability, have this information until the case goes to court. AGENCY REPORT REGARDING OFFER OF VANIR RESEARCH TO PURCHASE PENNEY CO. BUILDING-CENTRAL CITY NORTH. Mr. Green stated that it was his desire that the matter be continued until the July 7th, 1977 Board Meeting. Mr. Baker inquired why and Mr. Green informed him ~ Mr. Flory was out of the state and not available to make the report. Motion made by Wilson and seconded by Blum to continue the matter until July 7, 1977. Motion -J carried by the following vote, to wit: Ayes: Blum, Wilson, Stephenson and Green. Nays: None. Abstention: None. Absent: Obershaw, Hinojosa and Guhin. OTHER BUSINESS: Mr. Joe Colletti stated that he had questions he would like the Agency to answer. Mr. Green replied that Mr. Colletti was free to ask his questions. Mr. Colletti began questioning Mr. Green regarding the YWCA and the subsequent costs involved. Mr. Green advised Mr. Colletti to take his questions to the proper Agency Staff Personnel. Mr. Colletti ignored Mr. Green I s request and asked if the Agency paid cash for the transactions and Mr. Green informed him no. Mr. Green also informed Mr. Colletti that SAFECO Title Co. paid for the land through escrow. Mr. Colletti then asked how much the RDA paid for the building and the land. Again, Mr. Green advised Mr . Colletti to go through proper Agency channels for his replies. At this point Mr. Shadwell advised Mr. Colletti that if he was dissatisfied with the answers he had been given at the meeting he should go to the title companies and the Hall of Records and check out the documents himself. Mr. Green requested Mrs. Saul to obtain Agency records for Mr. Colletti's questions. The Agency's records reflected that the Agency paid $282,000 for the YWCA prop- erty. ~ ....J Mr. Colletti then inquired what the initials OACCRF stood for and Mrs. Saul informed 4639 ,... Motion made to adopt Minute Order by Wilson and seconded by Blum. Motion car- ried by the following vote, to wit: Ayes: Blum, Wilson, Stephenson and Green. Nays: None. Abstention: None. Absent: Obershaw, Hinojosa and Guhin. ...... Mr. Baker asked what happened to the $140.000 and was informed by Mr. Green that the money will go to HUD for repayment of the hotel site land. The money will eventually come back to the City's Community Development Fund. AGENCY PARTICIPATION IN SHARING COST OF A SIGNING PARKING STRUCTURE STUDY. ".. ~ L.... Mr. Shadwell stated that the parking in the structures, particularly the 5 level, has changed considerably, bringing forth many complaints. The City would like to have a study performed of the structures to determine traffic flow etc. , plus use of the 5 level structure when the hotel is completed. Four organizations will participate in the cost. Mr. Harold Hoffman, sitting in the audience was asked by Mr. Shadwell if he had any comments regarding the matter and Mr. Hoffman said that he did not. Mr. Wilson inquired what the study would cost. Mr. Shad- well stated that estimated approximate cost is between $8,000 and $10,000, how- ever, the Agency will pay only one quarter of the cost. Mrs. Blum asked Mr. Cloud if the Agency could legally incur this expense. Mr. Green, with Mr. Cloud's concurrence, said the Agency owns the structures and that same are leased to the city, therefore, the Agency can legally incur the expense. Motion made by Stephenson and seconded by Blum to pay 25% only of the cost of the study. Motion carried to pay 25% only of the cost of the Study by the following vote, to wit: Ayes: Blum, Wilson, Stephenson and Green. Nays: None. Abstention: None. Absent: Obershaw, Hinojosa and Guhin. AUTHORIZE LEGAL COUNSEL TO PETITION CALIFORNIA SUPREME COURT APPEALING THE FOURTH DISTRICT COURT OF APPEAL RELATIVE TO THE BASE ASSESSMENT ROLL SUIT. The board was informed that the Agency lost the Case of Appeal and has been ad- vised by legal counsel and others, to go to the Supreme Court with the Case. Ag- ency Counsel feels the Supreme Court will reject the decisions of the other courts. Mr. Green stated that he did not wish to go into details of the case unless it was the Board's desire to go into Executive Session. Mrs. Blum stated that insofar as the Agency has gone this far with the case, she will make a motion to petition the California Supreme Court to hear the Base Assessment Roll Suit. Motion made by Blum and seconded by Wilson. Motion carried by the following vote, to wit: Ayes: Blum, Wilson, Stephenson and Green. Nays: None. Abstention: None. Absent: Obershaw, Hinojosa and Guhin. Mr. Wilson stated that he felt the Agency should go to the highest court for it's opinion. .... if i Mr. Baker inquired what the total cost of the case has been thus far. Mr. Green ad- L vised Mr. Baker that the costs had not been broken down and further advised Mr. Baker to take up the matter of the costs with the proper Agency Staff Personnel. 4638 additional time to be added to his contract expiration date in order to finish this extra work to be performed. ~ NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California authorizing the Chairman and Secretary to enter into Change Order No. 2 with Riverside Construction Co. for an amount not to exceed $630.80. Total contract price now set at $154,502.91. ....., Motion to adopt Resolution No. 3393 by Stephenson and seconded by Wilson. Mo- tion carried by the following vote, to wit: Ayes: Blum, Wilson, Stephenson and Green. Nays: None. Abstention: None. Absent: Obershaw, Hinojosa and Guhin. MINUTE ORDER -HOTEL DOCUMENTS IN CONCEPT ONLY. Mr. Wilso,n inquir,ed what a Minute O:rcier was and Mr. Green informed him it _ i , . j, J..! .' J [ ..:, ' r _() ..'_ . _: ' , . ",' 'S . '. ," _', ,. .. ) , 'J'... ; , "r,- \ , was, in concept, the same as a Motion, however,~his Order \yill be reflected' in the ,_ ,.J ' !"j Agency's Minutes using legal verbage. Mr. Green read aloud the following Minute Order. , REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO MINUTE ORDER The Redevelopment Agency of the City of San Bernardino hereby approves "in concept" , the Redevelopment Agency of the City of San Bernardino, Disposition ;:'::1, Agreement for the Convention-Exhibition Center and Hotel ("Disposition Agreement") " and the City of San Bernardino, Convention-Exhibition Center, Hotel Operating ....,j Agreement ("Operating Agreement") relating to the construction of the Convention- Exhibition Center and Hotel. The RedevelQpment Agency recognizes that further refinements in such Agreements will be necessary ~fter they have been reviewed by the Mayor and Common Council, the Redevelopment Agency, the Redeveloper and its attorneys, the construction lender, and the title insurance company, in con- junction with the City Attorney, Agency Counsel and Special Counsel. The Redevel- opment Agency shall be informed of any and all changes made in such documents as a result of further negotiations between the above parties. The Redevelopment Agency hereby agrees to receive from the City of San Ber- nardino a loan in the amount of $1,590,000. $1,450,000 of this amount shall be de- posited in trust into the Agency's Construction Fund and shall be used only for the purposes authorized by the Disposition Agreement. . , The Redevelopment Agency further agrees to repay the loan from the City of San Bernardino in the amount of $1,590,000, plus interest at the rate currently earned by the City, within or not later than December 15, 1977, (sic, should read "from", per Mr. Green) parity bonds to be issued against the Meadowbrook Project, for the sole purpose of financing the Convention-Exhibition Center. It is further agreed ........, that the Redevelopment Agency will enter into an Agreement for the repayment of these funds to the City of San Bernardino. ......., roo 2.3-;7 ,.... ..... ",... ........ [ 4637 The following resolution was adopted: RESOLUTION NO. 3392 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ESTABLISHING A CHECKING ACCOUNT TITLED "REDEVELOPMENT AGENCY ADMINISTRATIVE FUND" WITH THE MAIN BRANCH OF THE BANK OF CALIFORNIA. WHEREAS, the Agency is currently deactivating the present account initiated under the Federal Program; and WHEREAS, it now becomes necessary to establish a new checking account for the Agency's Administrative Fund. NOW, THEREFORE, BE IT RESOLVED that the Director of Finance be authorized to open a new checking account titled "Redevelopment Agency Payroll Fund" with the Main Branch of the Bank of California. Motion made to adopt Resolution No. 3392 by Stephenson and seconded by Wilson. Motion carried by the following vote, to wit: Ayes: Blum, Wilson, Stephenson and Green. Nays: None. Abstention: None. Absent: Obershaw, Hinojosa and Guhin. Mr. Baker asked Mrs. Saul what the average checking account amount on deposit was and Mrs. Saul informed Mr. Baker a minimum of $500.00 to $1,000.00 per week. CHANGE ORDER NO.2-RIVERSIDE CONSTRUCTION CO. -SEIP Mr. Jones explained to the Board that because of the relocation of the Edison Co. vault on the west side of Commercenter East, additional 2 and 4 inch ducts plus trenching backfill and pullwire over the original contract are necessary. Riverside Construction will perform the extra work for the amount of $630.80. The following resolution was adopted: RESOLUTION NO. 3393 RESOLUTION OF THE REDEVELOPMENT AGENCY AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO. 2 WITH RIVERSIDE CONSTRUCTION COMPANY FOR AN AMOUNT NOT TO EXCEED $630.80. WHEREAS, this increase has been caused due to the relocation of the Edison Company vault on the west side of Commercenter East, approximately 31 feet south of the planned location as shown on the original plans; and WHEREAS, this relocation resulted in addition 2 and 4 inch aucts, plus trenching backfill and pull wire over and above the original contract: and WHEREAS, at a later date the Contractor will request Change Order No. 3 for 4636 NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency that the Chair- man and Secretary be hereby authorized to enter into Change Order No.1 with Harris Construction Co. in an amount not to exceed $12,163.50. ~ Motion to adopt Resolution No. 3390 by Wilson and seconded by Stephenson. Motion carried by the following vote, to wit: Ayes: Blum, Wilson, Stephenson and Green. Nays: None. Abstention: None. Absent: Obershaw, Hinojosa and Guhin. .....J Mr. Baker referred back to the previous Agenda Item regarding the $50,000.00 upset figure for CM Engineering Associates by inquiring if this item would go to the council for approval. Mr. Green informed him that it would. Mr. Baker then inquired if it should go out for open bid and Mr. Green informed him no. It would cost the Agency more money to go out for bid inasmuch as CM already had many of the plans at their disposal and were very familiar with the projected developments anticipated. CHECKING ACCOUNTS FOR RDA ADMINISTRATIVE FUNDS AND RDA PAYROLL FUNDS AT MAIN BRANCH OF THE BANK OF CALIFORNIA. Mrs. Saul, Director of Finance of the Agency explained to the board that because the Agency is currently deactivating the present accounts previously initiated under a Federal Program, it is now necessary to activate new accounts for local administrative activity. The Bank of California was chosen because of their easy accessability, their cooperative attitude toward the Agency and the fact that their bank services the Agency accounts free of charge. The Agency does have moneys on deposit in many other banks in the area, including savings and loan offices. Mr. Wilson inquired if the banks were competitive and Mr. Green stated that because of the aforementioned Agency policy, there seemed to be no problem. The following resolution was adopted: ....-, ......,j RESOLUTION NO. 3391 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ESTABLISHING A CHECKING ACCOUNT TITLED "REDEVELOPMENT AGENCY ADMINISTRATIVE FUND" WITH THE MAIN BRANCH OF THE BANK OF CALIFORNIA. WHEREAS, the Agency is currently deactivating the present account initiated under the Federal Program; and WHEREAS, it now becomes necessary to establish a new checking account for the Agency's Administrative Fund. NOW, THEREFORE, BE IT RESOLVED that the Director of Finance be authorized to open a new checking account titled "Redevelopment Agency Administrative Fund" with the Main Branch of the Bank of California. "'"",,, Motion to adopt Resolution No. 3391 by Stephenson and seconded by Blum. Motion carried by the following vote, to wit: Ayes: Blum, Wilson, Stephenson and Green. Nays: None. Abstention: None. Absent: Obershaw, Hinojosa and Guhin. ...J ".,.., ...... r I 1 ""- ,- ~ I '--' 4635 gutters, etc. , CM at the Agency's request, submitted a proposal to perform additional services in SEIP in connection with various parcels in Area 3 of said Project Area. The amount submitted will not exceed $50,000. NOW, THEREFORE, BE IT RESOLVED that the Chairman and Secretary of the Redevelopment Agency be hereby authorized to enter into Contract Amendment No. 2 with CM Engineer- ing for an amount not to exceed $50,000. BE IT FURTHER RESOLVED that the total Contract Price with CM Engineering Associates will now/total $117,500. (. r ,- ~ ~ ' r J - Motion to adopt Resolution No. 3389 by Wilson and seconded by Blum. Motion carried by the following vote, to wit: Ayes: Blum, Wilson, Stephenson and Green. Nays: None. Abstention: None. Absent: Obershaw, Hinojosa and Guhin. Mr. Krisher stated this additional work also includes the railroad crossing on San Bernardino Avenue. It was stressed that the amount of $50,000 was an upset figure. Mr. Joe Baker, representing the Sun Telegram inquired if this was work that was yet to be done and Mr. Green informed Mr. Baker that it was. CHANGE ORDER NO. 1- HARRIS CONSTRUCTION CO. - SEIP. Mr. Jones, Director of Operations for the Agency, explained to the board there had been a miscalculation in amount of cubic yards necessary to do the grading work at the Kroehler site and an additional import in the amount of 4,590 cubic yards was necessary to finish the grading. Mr. Wilson inquired where the dirt would come from and Mr. Krisher informed him it would come from Montecito Cemetery. Mr. Wilson stated also he felt the cost of dirt was high. Mrs. Blum inquired if there was a way this problem could have been avoided. Mr. Jones informed her that when you are anticipating the amount of fill required, it is difficult to come up with the exact amount necessary. Mrs. Blum asked if this problem would have occurred with any other contractor and was informed by Mr. Jones that it would have. The following resol- ution was adopted: RESOLUTION NO., 3390 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SEC- RET ARY TO ENTER INTO CHANGE ORDER NO. 1 WITH HARRIS CONSTRUCTION CO. IN AN AMOUNT NOT TO EXCEED $12,153.50. WHEREAS, The Agency.s Disposition Agreement with Huntley Properties obligates the Agency to grade the Kroehler Site and construct a building pad; and WHEREAS, during design of the work it was calculated that there would be approxi- mately 31,400 cubic yards of import; and WHEREAS, due to a greater subsidence and shrinkage than anticipated on site, there is a requirement for additional import in the amount of 4,590 cubic yards. These figures were computed by CM Engineering Associates, the Agency's Engineering firm; and WHEREAS, Harris Construction Co. will import the additional cubic yards, amounting to a cost of $12,153.50.