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HomeMy WebLinkAboutBook 10 04/23/70 - 12/31/701432 fdifIUTES OF TI1E POSTPONED REGULAR f1EETING OF APRIL 16, 1970, fl[LD APRIL 23, 7970, 323 COURT STREET, ROOM 305, SAN BERNARDINO,CALIF- ORNIA, AT 4:00 P.P1. The Regular fleeting of April 16, 1970, was postponed until April 23, 1970, pursuant to the following notice: 1. f10TICE OF CHANGE OF DATE OF REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA NOTICE is hereby given that the second Regular fleeting for the month of April, 1970, scheduled for P,pril 16, 1970, has been postponed until April 23, 1970, at 4:00 p.m., the regular meeting place thereof, due to inability to make a quorum. DATED this 14th day of April, 1970. s/P. W. Quinn, Jr. . 47. uinn, Jr. Secretary 2. CERTIFICATE OF SERVICE I, P W. QUIfdN, JR., Secretary of the Redevelopment Agency of the City of San Bernardino, California, HEREBY CERTIFY that on the 74th day of April, 1970 I served a true copy of the foregoing Notice of Change of Date of Regular fleeting, on each and every member of the Redevelopment Agency of the City of San Bernardino, California, in the following manner: BY UNITED STATES MAIL WITNESS my hand this 14th day of Flpril, 1970. sjP. W. Quinn, Jr. P. 4f. Quinn, Jr. Secretary The meeting was called to order at 4:00 p.m. Roll Call shovaed the following: Agency Members Present: Austin, Webster, Wein and Wilson Agency Members Absent: Gutierrez Also Present: for. Quinn, Executive Director; f1r. Varner, Agency Counsel; and 61rs. Baxter, Executive Secretary MINUTES: The minutes of the Special Meeting of March 26, 1970 were presented to the Members for approval. Motion was made by 4Jebster and seconded by 4filson ap- proving the flinutes of the Special Fleeting of March 26, 1970 as submitted. THe motion was carried by the following vote, to wit: Ayes: tJebster, Wilson, Wein and Austin Noes: None Abstention: None llbsent: Gutierrez ,~-,•~ the minutes of the Regular Meeting of April 2, 1970 were presented for approval. ~ , (lotion was made by Wilson and seconded by Webster authorizing the approval of the P1inutes of April 2, 1970 as submitted. The motion was carried by the following vote, to wit: Ayes: Webster, Wilson, 41ein and Austin Noes: Pione Abstention: IJone Absent: Gutierrez ES,PENDITURES: it,e Expenditures for the month of March, 1970 were presented for approval. After review, motion was made by 4Jebster and seconded by Wilson authorizing the approval of the Expenditures for the month of I.1arch, 1970. The motion was carried by the following vote, to wit: Ayes: Webster, Wilson, Wein and Austin floes: None Abstention: PJOne Absent: Gutierrez P,EPORT OF AGEfJCY COUNSEL: F1r. Varner stated that he has nothing to report at this time. PUBLIC HEARING, SUDSTITUTION AGREEMENT - WELLS FARGD/WINSTEAD: Pir. Austin reported that this is the time and place scheduled for the Public Hearing on the substitution of the Wells Fargo bank for Winstead, et. al. for the sale of Reuse Parcels 2, 3, and 4, R-10, and Reuse Parcel 2b, R-79. Mr. Varner stated that the form of Assignment Agreement is available for examina- tion or question. There were no comments. SUBSTITUTIOt! AGREEMENT - (JELLS FARGD/WINSTEAD: The following resolutions were introduced: RESOLUTION i"J0. 2200 RESOLUTION OF THE REDEVELOPMENT AGENCY NAROIIdO, CALIFOP,fJIA, AUTHORIZIIJG TFIE S DANK, A NATIONAL ASSOCIATION, IN PLACE A R1ARRIED PIAfJ, AND JER014E T. WINSTEAD, VELOPERS ON REUSE PARCELS 2, 3, and 4, R-10 OF THE CITY OF SAfJ DER- JBSTITUTIOIJ OF (JELLS FARGD OF LJILLIAII P. WINSTEAD, JR. AN UNPIARRIED f"AN, AS REDE- f4EADOW8R00K PROJECT, CALIF. WHEREAS, under date of September 18, 1968, the Redevelopment Agency of the City of San Bernardino, California, entered into an Agreement of Sale with William P. Winstead and Jerome T. Winstead, for Reuse Parcels 2 and 3, Calif. R-10; and WHEREAS, under date of June 20, 1969, said Agency entered into an Agreement of Sale with William P. tinstead, Jr., et.al., for Reuse Parcel fJo. 4, Calif. R-10; and IdHEREAS, Resolution No. 2187 authorized conducting a Public hearing for the purpose of considering the substitution of Wells Fargo Bank, flational Associa- tion, in place of William P. Winstead, Jr., a married man, and Jerome T. Winstead, an unmarried man, as redevelopers on Parcels 2, 3, and 4, Calif. R-10; and '434 WHBEAS, a Public flearing was held at the Postponed Regular Fleeting of April 16, 1970, held April 23, 1970, regarding said substitution; and 4JHEREAS, it is mutually agreed and for the benefit of the Agency, the Winsteads, and Wells Fargo Bank, that said Agreements and property be transferred and assigned to Wells Fargo. NOW, THEREFORE, BE IT PESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the substitution of Wells Fargo Bank, a National Association, in place of William P. Winstead, Jr., a married man, and Jerome T. Winstead, an unmarried man, as Redevelopers for Reuse Parcels 2, 3 and 4 Calif. R-10 is hereby approved. BE IT FURTHER RESOLVED THAT the Chairman and Secretary are hereby authorized and directed to execute the appropriate documents necessary for said substitution.. Adopted: 4-23-70 (lotion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2200. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Wilson and Austin Noes: None Abstention: None Absent: Gutierrez RESOLUTION N0. 2201 RESOLUTION OF THE REDEVELOPh1ENT AGEFJCY OF THE CITY OF SAN BER- NARUIIJO, CALIFORNIA, AUTHORIZING TFIE SUBSTITUTION OF WELLS FARGO CAN K, A PJATIONAL ASSOCIATIOfJ, IN PLACE OF WILLIAh1 P. WINSTEAD, JR. A FIARRIED l4AN, AND JEROME T. WINSTEAD, AN UNh1ARRIED FJAN, AS REDE- VELOPEP.S OfJ REUSE PARCEL 2b, CEfJTRAL CITY PROJECT, CALIF. R-79 4fffEREAS, under date of June 20, 1969, the Redevelopment Agency of tiro City of San Cernardino, California, entered into an Agreement of Sale with William P. Vinstead, Jr., and Jerome T. 4Jinstead, for the sale of Reuse Parcel 2b, Calif. R-79; and WhiEREAS, Resolution fJo. 21£37 authorized conducting a Public Hearing for the purpose of considering the substitution of 4fells Fargo Bank, a National Asso- ciation, in place of William P. linstead, Jr., a married man, and Jerome T. Winstead, an unamarried man, as redevelopers on Parcel 26, Calif. R-79; and IJHEi2EkS, a Public Hearing was held at the Postponed Regular fleeting of April 16, 1970, Held April 23, 1970, regarding said substitution; and WHEREAS, it is mutually agreed and for the benefit of the Agency, the Winsteads, and Wells Fargo Cank, that said Agreement and property be transferred and assigned to Wells Fargo N041, THEREFORE, 3E IT RESOLVED by the Redevelopment Agency of the City of San Cernardino, California, that the substitution of 4lells Fargo Cank, a Wational Association, in place of William P. linstead, Jr., a married man, and Jerome T. Winstead, an unmarried man, as Redevelopers for Reuse Parcel 2b, Calif. R-79, is hereby approved 1435 BE IT FURTHER RESOLVED that the Chairman and Secretary are hereby authorized and directed to execute the appropriate documents necessary for said substitu- tion. Adopted: 4-23-70 Motion was made by Webster and seconded by Wilson authorizing the adoption of Resolution No. 2201. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Wilson and Austin Noes: None Abstention: None Absent; Gutierrez OFFER TO PURCHASE, MONWAR PROPERTY CORPORATION (MONTGOMERY WARDS) R-79: Mr. Austin stated that Monwar Property Corporation (Montgomery Wards) has submitted their Offer to Purchase Reuse Parcel 22. Mr. Varner stated that the offer is in proper legal form. Mr. Burgess, from Montgomery Ward, was presented to the Members. Mr. Burgess stated that they anticipate closing escrow approximately July 16, 7970, with construction to start approximately September, 1970, with nin~'months for completion. Mr. Webster asked if there was a Finders Fee involved in this sale. Mr. Varner stated that the Claim from Booth Brothers is on the Agenda, however, Monwar themselves have not designated a realtor. - After further discussion, the following resolution was introduced: RESOLUTION N0. 2202 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, DETERMINING THAT MONWAR PROPERTY CORPORA- TION, A REDEVELOPER, IS QUALIFIED TO REDEVELOP THE CENTRAL CITY PROJECT N0. 1, CALIF. R-79, REUSE PARCEL 22, AND AUTHORIZING THE PUBLICATION OF THE "REDEVELOPERS STATEMENT FOR PUBLIC DIS- CLOSURE" AND NOTICE OF PUBLIC HEARING WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to dispose of certain parcels of land in the Central City Project, Calif. R-79 to qualified redevelopers; and WHEREAS, the Agency has offered certain parcels of land for sale under the fixed price competition method setting forth criteria by which proposals to redevelop the offered parcels would be evaluated; and WHEREAS, the Agency has evaluated all of the proposals received pursuant to the offering; NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino has determined that the proposal of Monwar Property Corporation is ' 1436 in the best interest of the Central City Project and the Redevelopment Agency of the City of San Bernardino, California; and that the Agency is hereby authorized to publish the "Redeveloper's Statement for Public Disclosure" and a Notice of Public Hearing. Said Public Hearing to be held May 7, 1970. Adopted: 4-23-70 Motion was made by Webster and seconded by Wilson authorizing the adoption of Resolution No. 2202. The motion was carried by the following vote, to wit: Ayes: Webster, Wilson, Wein and Austin Noes: None Abstention: None Absent: Gutierrez SUBSTITUTION AGREEMENT - CONNECTICUT GENERAL/CENTRAL CITY COMPANY: Mr. Varner stated that the Central City Company has requested our authorization to substitute Connecticut General Mortgage and Realty Investments in place of Central City Company for the purchase of Central City Mall property. This substitution is for financing purposes. All the same provisions which are now in Central City Company's Disposition Agreement will be transferred and assigned to Connecticut General. All time tables will remain the same. It was further explained that there will be a concurrent leaseback to Central City Company pursuant to a sale and leaseback financing arrangement between Connecticut General and Central City Company. Connecticut General will actually become the fee owner of the property, and Central City Company the leasing agent. Mr. Wein asked if the Agency would have any control over who would be the final fee owner of the property. Mr. Varner explained that it is anticipated that the property will eventually be deeded back to Central City Company, but that it could remain the property of Connecticut General. After further discussion, the following resolution was introduced: RESOLUTION N0. 2203 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITV(~OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING A PUBLIC HEARING TO BE HELD MAY 7, 1970, FOR THE PURPOSE OF CONSIDERING THE SUBSTITUTION OF CONNECTICUT GENERAL MORTGAGE AND REALTY INVESTMENTS IN PLACE OF CENTRAL CITY COMPANY, AS REDEVELOPERS ON REUSE PARCELS 14, 75, 16, 23, 38, 29, 42 and A PORTION OF 13, 18, 19 and 20 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, is under disposition Agreement with the Central City Company, a joint venture of the John S. Griffith Company and the Curci-Turner Company, for Reuse Parcels 14, 15, 16, 23, 38, 39, 42, and a portion of 13, 18, 19 and 20, in the'Central City Project, Calif. R-79; and WHEREAS, it is mutually agreed and for the benefit of the Agency, the Central City Company and Connecticut General Mortgage and Realty Investments, that said Agreement and property be transferred and assigned to Connecticut General Mortgage and Realty Investments. 1437 NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby approve the conveyance to Connecticut General Mortgage and Realty Investments by Central City Company of its parcels within the Project Area and a concurrent leaseback thereof to Central City Company pursuant to a sale and leaseback financing arrangement between Connecticut General Mortgage and Realty Investments and Central City Company subject only to a Public Hearing to be held May 7, 1970, and appropriate HUD concurrence. BE IT FURTHER RESOLVED that the Redevelopment Agency does hereby grant to Connecticut General Mortgage and Realty Investments the right to cure any default by Central City Company under the Disposition Agreement dated December 20, 1968 between A. M. Austin and Central City Company, such right to cure being exer- cisable by Connecticut General within 30 days after notice thereof to you in the case of monetary defaults and within 90 days (or such reasonable additional time as shall be required to cure such default with due diligence) after notice thereof to Connecticut General in the case of non-monetary defaults, subject only to said Public Hearing, and appropriate HUD concurrence. Adopted: 4-23-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2203. Motion was carried by the following vote to wit: Ayes: Wein, Webster, Wilson, Austin Noes: None Abstention: None Absent: Gutierrez LUKE AND VONDEY: Mr. Austin stated that Mr. Virgil Luke has requested that a roof for shade be installed over the front and rear display windows and entrances to protect the merchandise displayed from the direct sun. Mr. Austin stated that the Agency has received other requests from tenants of -the Mini-Mall and believes that the Agency should consider that if we meet Mr. Luke's request, we might be faced with a number of costly changes. Bids were received for this roof installation, the lowest being from Vern Miller in the amount of $565. Mr. Luke stated that he did approve the plans that were submitted to him, but actually did not realize that a covering would not be pro- vided. After further discussion, motion was made by Wilson and seconded by Wein to table the request of Mr. Luke until the next meeting, and instructing the Executive Director to investigate other coverings for shade and rain protection that would not be as costly as an installed roof. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Webster and Austin Noes: None Abstention: None Absent: Gutierrez Mr. Luke stated that he is very pleased with his relocation into the Mini-Mall, and would like to express his appreciation to the Agency for all their help. 1438 PROPOSALS FOR REMAINING CENTRAL CITY STREET IMPROVEMENTS: Mr. Austin advised that proposals were solicited for the design and/or redesign of street improvements remaining to be done in the Central City Project. Only two firms submitted proposals, one of which was withdrawn shortly before the meeting. The only remaining proposal is from Arrowhead Engineering. The reason given by the firms for not submitting proposals was that it violated their code of ethics to submit a price figure in a proposal. It was explained to all firms that the Agency is working with public funds, and must obtain the best price available for work to be done. The Agency considers all firms who were solicited as qualified to perform the services. Mr. Krueper from Krueper Engineering stated that they worked on the original design under contract with Garner, Tee, Tracadas & Troy, who were contracted by the Agency. It is their feeling that this work should be handled as a Change Order to the original contract, and not as an additional contract, be- cause it is actually a continuation of the original work. Mr. Wein stated that he is opposed to considering only one proposal, and moved that the matter be tabled and the Chairman and Secretary be instructed to enter into negotiations with three or more firms for this work. The motion died for lack of second. Mr. Wilson asked if tabling this matter until the May 7, 1970 meeting would cause any great delay to the project. Mr. Desrochers stated that he felt we could continue on schedule. Mr. Wilson further stated that he felt the matter should be tabled and be referred to Legal Counsel for reconmendation regarding the Agency's obligations to the original contractor for the street work. After further discussion and review, motion was made by Wilson and seconded. by Webster to table the matter until the May 7, 1970 meeting, and instructing the Agency Counsel to review the matter of obligations to the original contractor. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, and Austin Noes: Wein Abstention: None Absent: Gutierrez TRANSPLANTING OF PALM TREES: The Members were advised that the City has requested that the remaining palm trees be saved, removed, and be replanted at Delmann Heights and Blair Park. Bids were received for this service, the lowest being submitted by Presco Building Materials, in the amount of $2,100. The following resolution was introduced: RESOLUTION N0. 2204 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CNAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER N0. ONE WITH PRESCO BUILDING MATERIALS, UNIT 33, CALIF R-79 1439 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into contract with Presco Building Materials March 12, 1970; and WHEREAS, the City of San Bernardino has requested that the remaining palm trees located in the Central City Project be moved/replanted at Delmann Heights and Blair Park; and WHEREAS, three contractors were contacted and asked to submit a bid for the work; and WHEREAS, Presco Building Materials submitted the low bid of $2,100.00; NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency and Presco Building Materials be authorized to enter into Change Order No. 1 at a cost not to exceed the sum of Two Thousand, One Hundred and no/100 ($2,100.00). Adopted: 4-23-70 Motion was made by Webster and seconded by Wilson authorizing the adoption of Resolution No. 2204. The motion was carried by the following vote to wit: ayes: Webster, Wilson, Wein and Austin Noes: None Abstention: None Absent: Gutierrez EXTENSION OF TIME, PALACE MARKET: Mr. Kwock of Palace Wholesale Market was presented to the Board. Mr. Kwock requested an extension of his Rental Agreement beyond the June 5th termina- tion date. Mr. Austin explained that this property must be vacated by June 5th in order for all the necessary steps to be taken to deliver cleared land to the C. W. Driver Firm. C. W. Driver will develop the twelve story structure that will house Security Pacific Bank, now temporarily located in the Mini-Mall. The tenants of the Mini-Mall must relocate on a set schedule in order that the land may be used for mall parking. Mr. Kwock stated that he should be advised within the next week if his appli- cation for a Small Business loan has been accepted. He desires to have a new structure built for his business, if his loan is approved. Mr. Wein suggested that the matter be tabled until the next meeting, in order that Mr. Kwock can report on his application to Small Business. In the meantime the Relocation Department should work closely with Mr. Kwock fora temporary location or a storage move until his building is ready for occupancy. Motion was made by Wein and seconded by Webster tabling Mr. Kwock's request for extension until the next Regular Meeting. The motion was carried by the following vote, to wit: byes: Wein, Webster, Wilson and Austin Noes: None Abstention: None Absent: Gutierrez BOOTH BROTHERS CLAIM: Mr. Varner stated that Booth Brothers has submitted a formal claim for payment 1440 of Finders Fee for the parcels in the Central City Mall sold to John S. Griffith/ Curci-Turner Company. Motion was made by Wilson and seconded by Webster re- jecting the claim submitted by Booth Brothers. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Wein and Austin Noes: None Abstention: None Absent: Gutierrez AMENDMENT TO TRAVEL RESOLUTION: Mr. Quinn stated that HUD has increased the daily allowance for meals and lodging from $25.00 to $40.00. The following resolution was introduced: RESOLUTION N0. 2205 '~ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING A CERTAIN PORTION OF RESOLUTION N0. 2043, REGARDING TRAVEL POLICIES NOW, THEREFORE, BE IT RESOLVED that subparagraph (d) of Resolution No. 2043 be amended as follows: "d. While in attendance at conferences or meetings, all expenses, including but not limited to official conference registration fees, lodging, meals, telephone and telegraph, taxi and/or bus charges from point of arrival to conference destination, and other incidental expenses may be reimbursed, pro- vided, however, the maximum reimbursement from Title I Project Funds for meals and lodging shall not exceed Forty Dollars ($40.00) in any one travel day." Adopted: 4-23-70 Motion was made by Wein and seconded by Wilson authorizing the adoption of Resolution No. 2205. The motion was carried by the following vote, to wit: ayes: Wein, Wilson, Webster and Austin Noes: None Abstention: None Absent: Gutierrez REQUEST FROM CALIFORNIA JEWELRY & LOAN: A request was presented from California Jewelry and Loan, with numerous sig- natures attached from other businessmen in the downtown area, for the plywood fence, between the Andreson Building and the Woolworth Building on "E" Street to be removed and a chain link fence be erected to replace it. The letter also included a request for a gate in the chain link fence for easy access to parking for construction vehicles. Mr. Quinn stated that he felt this gate should not be included. Mr. Webster requested that the construction firms be notified that their vehicles should park on the construction site and not he streets. Mr. Quinn stated that he would notify all contractors doing work in the area. The following resolution was introduced: 1441 RESOLUTION N0. 2206 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE INSTALLATION OF A CHAIN LINK FENCE BETWEEN THE ANDRESON BLDG AND THE WOOLWORTH BLDG ON "E" STREET, CALIF. R-79 WHEREAS, it has been requested by numerous businessmen in the downtown San Bernardino area that a chain link fence be installed in lieu of the present plywood fence, between the Andreson Building and the Woolworth Building on "E" Street; and WHEREAS, the Agency Members have reviewed the request and have determined that the expenditure of funds for said chain link fence would be warranted. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the expenditure of funds for the replacement of the plywood fence with a chain link fence, between the Andreson Building and the Woolworth Building on "E" Street is hereby approved. BE IT FURTHER RESOLVED that said expenditure shall not exceed $400.00. Adopted: 4-23-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2206, and instructing the Executive Director to solicit informal bids for the installation of said chain link fence, and accept lowest offer. The motion was carried by the following vote, to wit: ayes: Wein, Webster, Wilson and Austin Noes: None Abstention: None Absent: Gutierrez CHANGE ORDER, BWB CONSTRUCTORS: The following resolution was introduced: RESOLUTION N0. 2207 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CHANGE ORDER N0. 3, WITH BWB CONSTRUCTORS, INC. SITE PREPARATION "E" STREET WIDENING UNIT 11, CALIF. R-10 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with BWB Constructors, Inc., for Site Preparation "E" Street Widening Project, Calif. R-10; and WHEREAS, the west half of "E" Street has been removed and the required excavation to the required depth completed. New curbs and gutters are in the process of being installed. The sewer laterals and roof drains were found to be just under the street surface and will need to be lower and diverted south 1442 to get the proper fall, per City requirements. There are 12 businesses that will be affected for a total of 25 feet each; and WHEREAS, a total of 400 feet x $4.75 per foot is $1,900.00; and WHEREAS, a 12 foot wide strip and 12 inch deep will need to be excavated and additional Class 2 Base installed. It is estimated that at least 716 tons of Class 2 Base be allowed to bridge across this spongy and unstable area; and WHEREAS, 716 tons Class 2 Base at $4.56 per ton is $3,264.96; and WHEREAS, several owners have requested that their d~ivewways be widened and modified to meet the existing conditions beyond the property line due to the change in curb elevations; and WHEREAS, total cost to modify and widen driveways is $1,260.00; and WHEREAS, Contractor has agreed to the above work at a cost not to exceed $6,424.96. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency and BWB Constructors, Inc., be authorized to enter into Change Order No. 3 for the above mentioned work at a cost not to exceed Six Thousand, Four Hundred, Twenty Four and 96/100 ($6,424.96). Adopted: 4-23-70 Motion was made by Webster and seconded by Wilson authorizing the adoption of Resolution No. 2207. The motion was carried by the following vote, to wit: ayes: Webster, Wilson, Wein and Austin Noes: None Abstention: None Absent: Gutierrez CHANGE ORDER, ROGER ROY, UNIT N0. 31: Mr. Austin explained that the City of San Bernardino has requested that a portion of the work involved in Roger Roy's Unit No. 37 Contract, namely Block 2, Parcel 6, not be removed, but retained as a parking lot. The following resolution was introduced: RESOLUTION NO. 2208 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CHANGE ORDER N0. ONE WITH ROGER ROY GENERAL ENGINEERING CO. UNIT N0. 31, DEMOLI- TION AND SITE CLEARANCE CONTRACT, CALIF. R-79. WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into a Contract with Roger Roy General Engineering Co. March 12, 1970; and 1443 WHEREAS, the City of San Bernardino has requested that a portion of the work .-.~ involved on said Contract, namely Parcel 6, Block 2 not be removed, but retained as a parking lot; and WHEREAS, said Contract is now complete except for said parking lot; and WHEREAS, this Agency has deleted from the Contract, according to Contractor's cost breakdown, the sum of $1,000.00; and NOW, THEREFORE, BE IT RESOLVED, that the Redevelopment Agency be authorized to enter into Change Order No. 1 with Roger Roy General Engineering Company at a net deduction from the Contract Price of One Thousand and no/100, ($1,000.00). Adopted: 4-23-70 Motion was made by Webster and seconded by Wilson authorizing the adoption of Resolution No. 2208. The motion was carried by the following vote, to wit: ayes: Wein, Webster, Wilson and Austin Noes: None Abstention: None Absent: Gutierrez DEDICATION"PLAQUE, PDBLIC MALL: An example of the proposed dedication plaque for the public mall was presented to the Members. James H. Matthews & Company of Romoland, California, was contacted to obtain a quote for the manufacturing of a bronze dedication plaque of this design. Their price, not including the installation was $3,274 plus $763.70 tax. After discussion, motion was made by Wein and seconded by Webster to resubmit the proposal for manufacturing of this plaque to .other firms, requesting their price, weight of finished plaque, and design. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Webster and Austin Noes: None Abstention: None Absent: Gutierrez CITY HALL AND EXHIBIT HALL DEED: Mr. Austin requested authorization to dedd to the City of San Bernardino the area to be occupied by the City Hall and Exhibit Ha11. Mr. Varner explained that this deed will define the boundaries and legal description of the area. The following resolution was introduced: RESOLUTION N0. 2209 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE DEED WITH THE CITY OF SAN BERNARDINO, FOR AREA TO BE OCCUPIED BY CITY HALL AND EXHIBIT HALL WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, _ ., desires to execute a Grant Deed in favor of the City of San Bernardino; and 1444 WHEREAS, the purpose of this Grant Deed is to establish certain boundaries within the public areas of the Civic-Cultural Block to be retained by the City of San Bernardino; 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 execute said Grant Deed on behalf of the Agency. Adopted: 4-23-70 Motion was made by Webster and seconded by Wilson authorizing the adoption of Resolution No. 2209. The motion was carried by the following vote, to wit: Ayes: Webster, Wilson, Wein and Austin Noes: None Abstention: None Absent: Gutierrez JOINT POWERS AGREEMENT: Mr. Austin advised the Members that he, Mr. Quinn, and Mr. Varner have approved the final draft of the Joint Powers Agreement, with the exception of a few changes noted by Mr. Varner shortly before the meeting. The revised draft was presented to the Members. The changes were pointed out and explained. Mr. Varner explained that this Agreement creates a Joint Powers Authority, which gives the City a vehicle for financing the construction of the City Hall and Exhibit Hall. The Joint Powers Authority goes out to bid for the facility (City Hall and Exhibit Hall). The facility is owned by the Authority, and leased to the City, and revenue bonds are obtained. The Agency itself assumes no liability. Our only obligation is strictly as an accommodation to the City and County. We will have no financial obligation, nor will any kind of imposition be placed on any redevelopment projects. After further discussion and review of the Agreement, the following resolution was introduced: RESOLUTION N0. 2210 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE THE JOINT POWERS AGREEMENT, BY AND BETWEEN THE CITY, THE COUNTY, AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA WHEREAS, on April 2, 1970, pursuant to Resolution No. 2192, the Redevelopment Agency of the City of San Bernardino, California, reviewed and approved a Joint Powers Concept between the Redevelopment Agency of the City of San Ber- nardino, California, the City of San Bernardino, and the County of San Bernardino, as set forth in said resolution; and WHEREAS, pursuant to said Joint Powers Concept, the Redevelopment Agency of the City of San Bernardino, California, the City of San Bernardino, and the County of San Bernardino have drafted a proposed Joint Powers Agreement; and 1445 WHEREAS, said proposed Joint Powers Agreement has been reviewed in detail by this Agency; and WHEREAS, this Agency deems it to be in the best interests of the Redevelopment Agency of the City of San Bernardino, California, the City of San Bernardino, the County of San Bernardino, and the public to enter into said proposed Joint Powers Agreement, NOW, THEREFORE, BE IT RESOLVED: That the Chairman and Executive Director of the Redevelopment Agency of the City of San Bernardino, California, be, and they, hereby are, authorized and directed to execute said Joint Powers Agreement, upon approval by the Agency's legal counsel. BE IT FURTHER RESOLVED: That the Chairman and Executive Director of said Agency be, and they hereby are, authorized to take all necessary steps to carry out the foregoing resolutions. Motion was made by Webster and seconded by Wilson authorizing the adoption of Resolution No. 2210, authorizing the execution of the Joint Powers Agreement, as approved by the Legal Counsel, with the exceptions noted. The motion was carried by the following vote, to wit: Ayes: Webster, Wilson, Wein and Austin Noes: None Abstention: None Absent: Gutierrez Mr. Varner explained that the City and County have not approved the final draft of the Agreement yet. But any changes the Council or County make will be brought to the attention of the Agency for our approval. JOINT POWERS AUTHORITY: Mr. Varner explained that after the Agreement is executed, the Agency must appoint someone to the Joint Powers Authority. He stated that he would prefer that it would not be anyone connected with the staff or board. Someone familiar with financing and our Redevelopment activities would seem the best qualified. HOTEL PROMOTIONAL BROCHURE: A memorandum from the Reat Estate Manager was presented to the Members, request- ing authority to expend a sum not to exceed $700 for the purpose of preparing a hotel promotional brochure concerning the hotel site in the Central City Project. Mr. Varner requested that this item be tabled, as he has been contacted by a major hotel developer regarding this site, but no formal offer has been prepared. Motion was made by Webster and seconded by Wilson to table the hotel brochure until the next meeting. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Wein, and Austin Noes: None Abstention: None Absent: Gutierrez Mr. Varner also reported that Bullocks has withdrawn their informal proposal for the development of their department store in the Central City Mall. They are unable to meet the Agency's schedules for development. 1446 OFFER TO PURCHASE, FIDELITY CAPITAL CORP, R-10 REUSE 13b, 15, 16 & 17: Mr. Austin advised that the Agency has received a deposit check from Fidelity Capital Corporation for Reuse Parcels 13b, 15, 16 & 17, Calif, R-10, for the development of an office structure, with a minimum of six stories. No finders fee has been presented. The formal offer with renderings and plan wilt be presented at the next meeting. OTHER BUSINESS: Mr. Desrocher's memorandum regarding workers being interviewed on the construc- tion jobs was presented and reviewed. Roger Roy has not provided the Agency with the payroll records of the employees interviewed on the job. ADJOURNMENT: Motion was made by Webster and seconded by Wilson to adjourn the. meeting at 6:15 p.m. The motion was carried by the following vote to wit: Ayes: Wilson, Webster, Wein & Austin Noes: None Abstention: None Absent: Gutierrez 1447 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY ` " OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD MAY 7, 1970 323 COURT STREET, ROOM 305, SAN BERNARDINO, CALIFORNIA The meeting was called to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Austin, Webster, Wein, Gutierrez and Wilson Agency Members Absent: None Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Postponed Regular Meeting of April 16, 1970, held April 23, 7970, were presented for approval. Motion was made by Wein and seconded by Gutierrez approving the Minutes as submitted. The motion was carried by the following vote, to wit: Ayes: Austin, Webster, Wein, Gutierrez and Wilson Noes: None Abstention: None Absent: None PUBLIC HEARING, MONWAR PROPERTY (MONTGOMERY WARDS): The Chairman reported that this is the time and place designated for the Public Hearing for the sale of Reuse Parcel 22, R-79, to Monwar Property for the development of a Montgomery Wards' Department Store. Mr. Varner stated that the form of Disposition Agreement and Deed are available for examination or question. There being no comments, the Public Hearing was closed. PUBLIC HEARING, SUBSTITUTION AGREEMENT, CONNECTICUT GENERAL/CENTRAL CITY C0: The Chairman reported that this is the time and place designated for the Public Hearing for the substitution of Connecticut General in place of Central City Co. for Reuse Parcels 14, 75, 16, 23, 38, 39, 42 and a portion of 73, 18, 19 and ~0. Mr. Varner stated that the form of substitution agreement was available for examination. There being no comments, the Public Hearing was closed. REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. EXECUTION OF DISPOSITION AGREEMENT, MONWAR PROPERTY: The following resolution was introduced: 1448 RESOLUTION NO. 2211 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF DISPOSAL AGREEMENT AND RELATED DOCUMENTS FOR THE SALE OF REUSE PARCEL 22, CENTRAL CITY PROJECT, TO MONWAR PROPERTY CORPORATION WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, declared its intention to dispose of Reuse Parcel 22, Central City Project, by Resolution No. 2202, to Monwar Property Corporation; and WHEREAS, public disclosure of the Agency's intention to sell said parcels to said Redeveloper was made in accordance with RHA 7274.1, Chapter 4, Section 4; and WHEREAS, a Public Hearing regarding the proposed disposal of said parcel to said Redeveloper was held on May 7, 1970, in accordance with RHA 7214.1, Chapter 4, Section.4. 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 aad execute related documents for the sale of Reuse Parcel 22, Central City Project, to Monwar Property Corporation, subject to the approval of said sale by the Department of Housing and Urban Development. Adopted: 5-7-70 Motion was made by Webster and seconded of Resolution No. 2211. The motion was Ayes: Webster, Gutierrez, Wein, Wilson None Absent: None by Gutierrez authorizing the adoption carried by the following vote, to wit: and Austin Noes: None Abstention: SUBSTITUTION AGREEMENT, CONNECTICUT GENERAL/CENTRAL CITY COMPANY: The following resolution was introduced: RESOLUTION NO. 2212 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE SUBSTITUTION OF CONNECTICUT GENERAL MORTGAGE & REALTY INVESTMENTS IN PLACE OF CENTRAL CITY COMPANY AS REDEVELOPERS ON REUSE PARCELS 14, 15, 16, 23, 38, 39, 42 and A PORTION OF 13, 18, 19 AND 20 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, is under disposition Agreement with the Central City Company, a joint venture of the John S. Griffith Company and the Curci-Turner Company, for Reuse Parcels 14, 15, 16, 23, 38, 39, 42 and a portion of 13, 18, 19 and 20 in the Central City Project, Calif. R-79; and 1449 WHEREAS, Resolution No. 2203 authorizing conducting a Public Hearing for the purpose of considering the substitution of Connecticut General Mortgage and Realty Investments in place of Central City Company, as Redevelopers of Reuse Parcels 14, 15, 16, 23, 38, 39, 42 and a portion of 13, 18, 19, and 20; and WHEREAS, a Public Hearing was held May 7, 1970 regarding said substitution; and WHEREAS, it is mutually agreed and for the benefit of the Agency, the Central City Company, and Connecticut General Mortgage & Realty Investments, that said Agreement and property be transferred and assigned to Connecticut General Mortgage and Realty Investments. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby approve the conveyance to Connecticut General Mortgage and Realty Investments by Central City Company of its parcels within the Project Area and a concurrent leaseback thereof to Central City Company pursuant to a sale and leaseback financing arrangement between Connecticut General Mortgage and Realty Investments and Central City Company. BE IT FURTHER RESOLVED that the Redevelopment Agency does hereby grant to Connecticut General Mortgage and Realty Investments the right to cure any default by Central City Company under the Disposition Agreement dated December 20, 1968 between the Agency and Central City Company, such right to cure being exercisable by Connecticut General within 30 days after notice thereof to you in the case of monetary defaults and within 90 days (or such reasonable additional time as shall be required to cure such default with due diligence) after notice thereof to Connecticut General in the case of non-monetary defaults. Adopted: 5-7-70 Mr. Wein stated that he wanted to make sure that all dates in the disposition agreement with Central City Company would remain the same after the substitution agreement. Mr. Varner confirmed that this is true. Motion was made by Wein and seconded by Wilson authorizing the adopting of Resolution No. 2212. The motion was carried by the following vote, to wit: Ayes: Wein, Wilson, Webster Gutierrez and Austin Noes: None Abstention: None Absent: None LUKE AND VONDEY, REQUEST FOR COVERING: The request from Luke and Yondey Jewelers for a covering over the front and rear display windows and entrances was again presented to the Members. Mr. Austin stated that it is his position that if a tenant in the Mini-Mall desires any alterations, he should make them at his own expense. Mr. Varner reported that the changes requested by Harris and Frank are substantially resolved. Mr. Wein moved that the Agency authorize the expenditure of the low bid ($565) for the installation of this covering, and increase Mr. Luke's rent $40.00 per month for 14 months to cover this expense, subject to Mr. Luke's concurrence. The motion died for lack of second. Mr. Wilson stated that he felt Luke and Vondey should install the covering .at their own expense, and moved the matter be tabled indefinitely. The motion died Eor lack of second. 1450 After further discussion, motion was made by Webster and seconded by Wein tabling the request of Luke and Vondey, and further instructing the Executive Director to negotiate with Mr. Luke regarding the idea of prorating the expense for this covering into the monthly rental rate. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Wilson, Gutierrez and Austin Noes: None Abstention: None Absent: None PROPOSALS FOR REMAINING CENTRAL CITY STREET IMPROVEMENTS: The proposals for the design and/or redesign of street improvements remaining in the Central City Project were again presented to the Board. A Memo from Mr. Desrochers, Operations Officer, regarding the proposals was presented. Said memo stated that interviews were held with Arrowhead Engineering, Krueper Engineering, and Garner, Tee, Tracadas & Troy, as instructed at the last board meeting. It was the recommendation of the Engineering staff that the firm of Krueper Engineering be contracted for an amount not to exceed $8,750, because of their knowledge of the Singer Electrical System, which is to be installed in the project. Mr. Austin stated that Arrowhead Engineering has quoted a price of $5,920 for this service, and he therefore cannot see how the Agency could justify an expenditure of $8,750 to Krueper Engineering. The Members asked Mr. Desrochers if he considered Arrowhead Engineering qualified to perform the services. Mr. Desrochers stated that Arrowhead has always performed well in past contracts and he would consider them qualified. Mr. Joe Hyde, from Arrowhead Engineering, was presented to the Board. Mr. Hyde stated that his firm now employes a licensed engineer, and uses the services of an Electrical Engineering firm in Los Angeles for their electrical work. Mr, Hyde stated that he did not know if this firm was acquainted with the Singer Electrical System, but when they were presented with the plans, they stated they were qualified to perform. Mr. Webster asked if any of the proposing firms had been advised by the staff that they would be given a change order to their original contract for this work. Mr. Krueper stated that he assumed there would be a change order because of discussions he has had with City and Agency contractors with regard to the revision of the second phase. Mr. Tracadas stated that he too assumed there would be a change order. After further discussion, and careful review, the following resolution was introduced: RESOLUTION N0. 2213 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND 6ECRETARY TO ENTER INTO CONTRACT WITH ARROWHEAD ENGINEERING FOR CENTRAL CITY SITE IMPROVEMENTS, ENGINEERING CONTRACT, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 1451 WHEREAS, the Agency has under date of March 21, 1967, entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its Central City Project No. 1, Calif. R-79 under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract, the Agency is undertaking certain activities necessary for the execution of the Central City Project, Calif. R-79; and WHEREAS, the Agency called for proposals for rendering certain engineering services remaining within the Central City Project No. 1; and WHEREAS, Arrowhead Engineering Corporation submitted the most favorable propo- sal to conduct the work in the amount of $5,920.00; and NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the proposal of Arrowhead Engineering Corpora- tion in the amount of $5,920.00 be hereby accepted and the Chairman and Sec- retary are hereby authorized to execute Contract for Site Improvement Engineering Services within the Central City Project No. 1, Calif. R-79, in an amount not to exceed $5,920.00. Adopted: May 7, 1970 Motion was made by Wilson and seconded by Wein authorizing the adoption of Reso- lution No. 2273. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Gutierrez and Austin Noes: Webster Abstention: None Absent: None .~ REPORT ON KWOCK (PALACE: MARKET) RELOCATION: Mr. Kwock was presented to the Board. Mr. Kwock informed the Members that he has been advised by letter from SBA that his loan has been given a favorable consideration, and he should receive funds in about six weeks. Mr. Austin advised Mr. Kwock that t9e Agency Board has no other alternative but to deny his request for an extension, but that the relocation staff would work with him for a temporary location until his new structure is ready for occupany. Motion was made by Wilson and seconded by Wein deny#ng the request for an extension of occupancy for Palace Market. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Webster and Austin Noes: None Abstention: Gutierrez Absent: None OFFER TO PURCHASE, FIDELITY CAPITAL CORPORATION, R-10, REUSE 73b, 15, 16 & 17: Mr. Ken Skousen, representative for the Fidelity Capital, and Mr. Carl Walquest, Architect, were presented to the Board. Mr. Skousen stated that Fidelity Capital proposes to develop a six story building plus mezzanine, with approximately 72,432 sq. ft. They also propose to develop a parking deck of approximately 100 cars. The total development will cost approximately $1.6 million dollars, not including the land. They anticipate starting construction . April 1, 1971, with 15 months construction time. They propose that their main tenant will be a banking institution, and therefore the location must be approved by the Comptroller of Currency. 1452 The Agency Members were concerned regarding the firmness of tenance. Mr. Skousen was asked if he would have any objection to tabling the matter until the second meeting in June. By that time he should know if the charter fora bank at that location is approved, and his offer can be firm. Mr. Skousen stated that this would be fine, but that he would like if possible some assurance that the property would not be sold in the meantime. Mr. Varner stated that the motion would state that all offers to purchase the property would be deferred for decision until June 18, 1970. Motion was made by Wein and seconded by Webster tabling the Offer to Purchase, submitted by Fidelity Capital until June 18, 1970, and further deferring any other offers for the subject property to said June 18, 7970 meeting. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez, Wilson and Austin Noes: None Abstention: None Absent: None DEMOLITION AND SITE CLEARANCE, UNIT N0. 36, R-79: Bids for demolition and site clearance, Unit No. 36, R-79, were opened May 4, 1970, the low bid being submitted by Presco Building Materials, in the amount of $9,340. The following resolution was introduced: RESOLUTION N0. 2214 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO CONTRACT WITH PRESCO BUILDING MATERIALS UNIT N0. 36, CENTRAL CITY PROJECT:NO. 7, CALIF. R-79 WHEREAS, the Agency has under date of March 21, 1967, entered into a Contract for Laan and Capital Grant with the United States of America providing for financial aid to the Agency for its Central City Project No. 1, Calif. R-79 under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract, the Agency is undertaking certain activities necessary for the execution of the Central City Project, Calif. R-79; and WHEREAS, the Agency invited competitive sealed bids for Demolition and Site Clearance Unit 36, for the demolition and site clearance of certain areas, in accordance with the Contract Documents furnished all bidders; and WHEREAS, an Invitation for Bids therefore was duly published in the Sun Telegram, a newspaper of general circulation, in the County of San Bernardino, on April 73, 1970 and April 20, 1970, and an Affidavit showing .such publica- tion is on file in the office of said Agency; and WHEREAS, said Invitation called for the receipt of such bids until 4:00 p.m. on the 4th day of May, 1970 at the office of the Agency located at 323 Court Street, San Bernardino, California; and 1453 WHEREAS, a number of such bids were received at the time and place above -~ specified and said bids were opened and read aloud; and WHEREAS, 3t appears to said Agency that the Bid of Presco Building Materials is the best qualified and to the best interest of the City of San Bernardino and the Agency. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that subject to the approval of the Contractor by the Department of Housing and Urban Development the bid of Presco Building Materials for the sum of $9,340.00 be hereby accepted and the Chairman and Secretary are hereby authorized to execute the Contract for Demolition and Site Clearance, Unit No. 36, Calif. R-79, Central City Project No. 1, on behalf of said Agency. Adopted: 5-7-70 Motion was made by Wein and seconded by Wilson authoeizing the adoption of Resolution No. 2274. The motion was carried by the following vote, to wit: Ayes: Wein, Wilson, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None CERTIFICATES OF COMPLIANCE, NATHAN H. ROSE: The following resolutions were introduced: RESOLUTION NO. 2215 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING ISSUANCE OF OWNER PARTI- CIPANTS CERTIFICATE OF COMPLIANCE TO NATHAN H. AND DORIS ROSE - REUSE PARCELS 65 & 71a, R-10 WHEREAS, Nathan H. and Doris Rose, hereinafter referred to as the Owner Participant have entered into an agreement with the Redevelopment Agency of the City of San Bernardino, hereinafter called the Agency; and WHEREAS, said Agreement, dated the 18th day of November, 1958, and supplement dated the 10th day of November, 1959, recorded in Book 5321, Page 203, Records of San Bernardino County; and WHEREAS, paragraph 14 of said Agreement includes the recital that said Agreement will be binding upon the successors from the date of the execution; and WHEREAS, in Section 5, of said Agreement, Owner Participant agrees to build upon and improve said land, and such construction and improvements to be carried out in conformity with the fire, health, and building code requirements of the City of San Bernardino, State of California and the Declaration of Restrictions and in accordance with the final plans and specifications approved by the Agency on the hereinafter described real property: .~ 1454 Reuse Parcels 65 and 71. 136-032-21- F. J. Halls subdivision lots 49 and 50 Block F 136-032-22- F. J. Halls subdivision Lots 38 through 48 inclusive Block F 136-033-05- Rancho San Bernardino south 65 feet north 95 feet east 140 feet west 180 feet Lot 1 Block 10 136-033-06- Rancho San Bernardino north 30 feet east 140 feet west 180 feet Lot 1 Block 10 As recorded in the office of the Tax Assessor of the County of San Bernardino. 136-033-04- That portion of Lot 1, Block 10, RANCHO SAN BERNARDINO, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: BEGINNING at a point on the East line of "D" Street, as said Street is now established, 208.6 feet North of the South line of said Lot 1; thence North along the East line of "D" Street, 41.4 feet; thence East 140 feet; thence South 41.4 feet; thence West 140 feet to the point of beginning. 136-033-03- That portion of Lot 1, Block 10 of the RANCHO SAN BERNARDINO, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in book 7 of Maps, page 2, re- cords of said County, described as follows: Beginning at a point 179.4 feet North of a point 40 feet East of the Southwest corner of said Lot 1; thence running east 140 feet; thence North 29.2 feet; thence West 140 feet; thence South 29.2 feet to the place of beginning. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency does hereby determine, con- clusively certifies, and gives notice that the Owner Participant has fully satisfied, terminated, and completed, for itself, its successors, and assigns all covenants and agreements with respect to the Obligation of Owner Parti- cipant for the building upon and improvements to said land carried out in conformity with the fire, heirRth and building code requirement of the City of San Bernardino, California, and the State of California and the provisions of the Plan and the Declaration of Restrictions and in accordance with the final plans and specifications approved by the Agency and dates for the begin- ning and completion thereof, provided for in said Agreement upon the hereinabove described real property. 1455 IT IS FURTHER RESOLVED by the Redevelopment Agency of the City of San Bernar- dino, California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to execute and have recorded with the County Recorder of the County of San Bernardino a "Certificate of Compliance". Adopted: 5-7-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2275. The motion was carried by the following vote, to wit: ayes: Webster, Gutierrez, Wein, Wilson and Austin Noes: None Abstention: None Absent: None RESOLUTION N0. 2216 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF THE REDEVELOPER'S CERTIFICATE OF COMPLIANCE TO NATHAN H. ROSE AND DORIS ROSE - REUSE PARCEL 72, R-10 WHEREAS, Nathan H. Rose and Doris Rose, hereinafter called the Redevelopers have entered into an agreement and Grant Deed with the Redevelopment Agency of the City of San Bernardino; and WHEREAS, said Agreement, dated the 9th day of May, 7969, was recorded July 3, 1969, in Book 7262, Page 131, and said Grant Deed, dated June 2, 1969, was recorded on July 3, 1969, Book 7262, Page 156; and WHEREAS, in Section 3 of said Agreement and in Section 3 of said Grant Deed Redevelopers covenanted and agreed, for itself, its successors and assigns to construct certain improvements on the hereinafter described real property, within the time and in the manner set forth in said Agreement; and WHEREAS, the Agency agreed in Section 4 of said Agreement and in Section 4 of said Deed to furnish the Redevelopers with an instrument certifying completion of said improvement in accordance with the provisions of said Grant Deed upon Redevelopers completion thereof on the following described property: Reuse Parcel 72 LEGAL DESCRIPTION: That portion of Lot 1, Block 10, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of nusps, page 2, records of said County, described as follows: BEGINNING at a point North 890 59' 25" East, 40.00 feet and North 25.00 feet from the Southwest corner of said Lot 1; thence North 890 59' 25" East a distance of 92.50 feet to the TRUE POINT OF BEGINNING: said TRUE POIN7 OF BEGINNING being in a non-tangent curve concave to the West, having a radius of 350.00 feet; thence Northwesterly along said curve a distance of 159.89 feet to a point; thence East 83.42 feet to a point; thence South a distance of 154.40 feet to a point an the North right- of-way line of the A.T. & S.F. RR: thence South 89 59' 25" West a -~ .~ 1456 distance of 47.50 feet along said right-of-way tine to the TRUE POINT OF BEGINNING. Containing 9200 square feet, more or less. Subject to an easement to the City of San Bernardino for drainage purposes 10.00 (ten) feet in width over a portion of Lot 1, Block 10, Rancho San Bernardino, as per plat thereof recorded:in Book 7 of maps, page 2, records of the County Recorder of said County, said easement being 5.00 (five) feet on each side of the following des- cribed centerline, described as follows: Comnencing at the intersection of the East line of "0" Street 80.00 feet wide and the North line of the A.T. & S.F. Railway right-of-way, 50.00 feet wide as delineated on the plat of the F. J. Halls Subdivision as per plat thereof re- corded in Book 6 of maps, page 45, records of the County Recorder of said County; thence Northerly along the East line of said "D" Street a distance of 17.00 feet to the TRUE POINT OF BEGIN- NING: thence Easterly along a curve, concave to the South having a radius of 411.25 feet and a central angle of 90 47' 54", a distance of 70.33 feet to a point of a reverse curve; thence continuing Easterly along said reverse curve concave to the North, having a radius of 411.25 feet and a central angle of 9° 47' 54", a distance of 70.33 feet to a point, said point being 140.00 feet Easterly of the East line of said "D" Street and 5.00 feet Northerly of said Railway right-of-way. In the event that owners of the property wish to bridge the ten foot drainage easement for trackage or other purposes, this deed includes permission to do so with the City's approval of the proposed structure which would not obstruct the flow of water. NOW, THEREFORE, the Agency in accordance with section 4 of said Agreement and Section 4 of said Grant Deed does hereby conclusively certify and give notice that the Redevelopers have fully satisfied, terminated, and completed, for it- self, its successors and assigns, all covenants and agreements with respect to the obligation of Redevelopers for the construction of improvements and dates for the beginning and completion thereof, provided for in said Agreement and Grant Deed upon the hereinafter described real property. BE IT FURTHER RESOLVED by the RedevZlopment Agency of the City of San Bernardino California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to execute and have recorded with the County Recorder of the County of San Bernardino, the "Certificate of Compliance" in the form approved by Resolution 238 of this Agency on August 2, 1962. Adopted: 5-7-70 1457 Motion was made by Webster and seconded by Wilson authorizing the adoption of Resolution No. 2216. The motion was carried by the following vote, to wit: Ayes: Webster, Wilson, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None APPOINTMENT OF COMMISSIONER TO JOINT POWERS AUTHORITY: Mr. Austin stated that it is his desire to appoint Mr. William H. Parker, an investment counselor, as the Redevelopment Agency's Commissioner to the Joint Powers Authority. The following resolution was introduced: RESOLUTION N0. 2277 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPOINTING MR. WILLIAM H. PARKER, AS THE REDEVELOPMENT AGENCY'S COhAtISSIONER TO THE JOINT POWERS AUTHORITY WHEREAS, the Redevelopment Agency of the City of San Bernardino did, on April 2, 1970, by Resolution No. 2792 review and approve the Joint Powers Concept beEween the Redevelopment Agency of the City of San Bernardino, the City of San Ber- nardino, and the County of San Bernardino; and WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, did on April 23, 7970 by Resolution No. 2210, authorize and direct the Chairman and Executive Director of the Redevelopment Agency of the City of San Bernardino to execute said Joint Powers Agreement, upon approval of the Agency's Council; and WHEREAS, the Chairman and Executive Director of the Redevelopment Agency of the City of San Bernardino, did, on May 4, 1970 pursuant to the foregoing Resolutions, execute the Joint Powers Agreement for and on behalf of the Redevelopment Agency of the City of San Bernardino; and WHEREAS, Section 3.6 of the executed Joint Powers Agreement requires the appoint- ment of one (1) Commissioner by the Redevelopment Agency of the City of San Bernardino to the "San Bernardino Civic Center Authority Commission", said Commissioner being initially appointed to a four-year term; NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Redevelopment Agency of the City of San Bernardino, does hereby unanimwusly recommend and appoint Mr. William H. Parker, a distinguished citizen of the City of San Bernardino, as its Commissioner to the "San Bernardino Civic Center Authority" to initially serve a four year term. Adopted: 5-7-70 Motion was made by Wilson and seconded by Gutierrez authorizing the adoption of Resolution No. 2217, approving the appointment of Mr. William H. Parker as Commissioner to the Joint Powers Authority, per the Chairman's recommendation. The motion was carried by the following vote to wit: Ayes: Wilson, Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None 1458 APPROVAL OF PORTION OF CITY HALL PLANS: Mr. Varner stated that the Agency has received the plans and specifications of office space and lay-out to be occupied by the Redevelopment Agency in the new City Hali. We have been asked by the City to approve this portion of the plans and lay-out in order that the City can show tentative tenancy in their applica- tion for financing. The Agency should approve the plans, but reserve the right not to occupy the office spaces, circumstances dictating. After further discussion and review, the following resolution was introduced: RESOLUTION N0. 2218 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, ACCEPTING THE PLAN CONCEPT FOR OFFICE SPACE ARRANGEMENTS AND OCCUPANCY BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, IN THE NEW CITY HALL BUILDING AND ESTABLISHING AN AGENCY POSITION WITH RELA- TION TO OCCUPANCY AND RENTAL AGREEMENTS WHEREAS, the Redevelopment Agency of the City of San Bernardino has been afford- ed the opportunity of occupying approximately 3,175 square feet of office space on the third floor of the soon to be constructed City Hall of the City of San Bernardino; and WHEREAS, the Redevelopment Agency of the City of San Bernardino has been afforded the opportunity of reviewing floor plans for the new City Hall as designed by Gruen Associates; and WHEREAS, the Redevelopment Agency of the City of San Bernardino, having received the plans and specifications of office space and lay-out to be occupied by the Redevelopment Agency, does hereby approve the plans and specifications of the new City Hall as pertains only to that portion relating to the Redevelopment Agency; and WHEREAS, the Redevelopment Agency of the City of San Bernardino desires to establish an Agency position with relation to occupancy and rental agreements for Redevelopment Agency office space within the new City Hall. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino does hereby acknowledge receipt of, and approval of the tentative office arrangement to be occupied by the Redevelopment Agency of the City of San Bernardino in the new City Hall, but reserves the right, circumstances dictating, not to occupy said office space in the square footage presently indicated, and further desires to clarify its position that no agreement, verbal or written, has been entered into or discussed by or between individuals of the Redevelopment Agency and the City of San Bernardino or the Civic Center Authority regarding rates for rental agreements and reserves the right unto itself to negotiate rates at such time as the Redevelopment Agency agrees to physically occupy office space in the new City Hall. Adopted: 5-7-70 1459 Motion was made by Wilson and seconded by Wein authorizing the adoption of Resolution No. 2218. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None OPERATION BREAKTHROUGH CONFERENCE, WASHINGTON D.C.: Mr. Quinn advised that at personal invitation of Secretary Harold Finger, he has been invited to an Operation Breakthrough Conference in Washington D. C. May 25 & 26, 1970. He will be out of town and therefore requests authorization for one staff member to attend the conference. The following resolution was introduced: RESOLUTION N0. 2279 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING ONE STAFF MEMBER TO TRAVEL TO WASHINGTON D. C. MAY 25 & 26, 1970, TO ATTEND A TWO-DAY MEETING REGARDING OPERATION BREAKTHROUGH WHEREAS, Resolution No. 2043 of the Redevelopment Agency of the City of San Bernardino, California, requires that each trip made by an Agency Member or Staff Member outside of the City of'San Bernardino be specifically authorized by a Resolution of the Agency Members; and WHEREAS, it is found essential for one staff member to travel to Washington, D.C. to attend a two-day meeting regarding Operation Breakthrough, at the personal request of Assistant Secretary Harold B. Finger, to be held May 24 & 26, 1970. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency does hereby authorize one staff member to travel to Washington, D. C. to attend an Operation Breakthrough meeting, to be held May 25 and 26, and their travel expenses are hereby approved in accor- dance with Resolution No. 2043, as amended. Adopted: 5-7-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2219. The motion was carried'by the following vote, to wit: byes: Webster, Gutierrez, Wein, Wilson and Austin Noes: None Abstention: None Absent: None REQUEST FOR AN EXTENSION TO START CONSTRUCTION, C & J ENTERPRISES: A request fow an additional 60 day extension was presented to the Members from C & J Enterprises. After discussion, the following resolution was introduced: 1460 RESOLUTION N0. 2220 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING A FINAL EXTENSION OF TIME TO COMMENCE CONSTRUCTION TO C & J ENTERPRISES, REUSE PARCEL 88, R-10 WHEREAS, the Redevelopment Agency of the City of San Bernardino, by Resolution No. 653 authorized the sale of Reuse Parcel 88, Calif. R-10 to C & J Enter- prises; and WHEREAS, the Agreement entered into on April 16, 1968 by and between the Redevelopment Agency and C & J Enterprises called for an escrow of 30 days duration and construction to commence within 12 months from the close of escrow; and WHEREAS, the escrow closed on June 6, 1968, thereby setting the date of cons- truction to no later than June 6, 1969; and WHEREAS, numerous extensionf of time have been granted to C & J Enterprises, in order that they could secure tenants for their proposed development; and WHEREAS, the Agency Members have reviewed the circumstances involved and have determined that it is in the best interest of the Agency to grant one final extension of 60 days to C & J Enterprises. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that a 60 day extension of the commencement of cons- truction is hereby granted to C & J Enterprises, thereby setting the date of construction to no later than July 6, 1970. Adopted: 5-7-70 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2220. The motion was carried by the following vote, to wit: ayes: Wein, Gutierrez, Webster, Wilson and Austin Noes: None Abstention: None Absent: None BOND PROPOSAL, HORNBLOWER & WEEKS: Mr. Austin submitted to the Members a letter from Hornblower dated April 3, 1970 proposing a bond issue of $4,000,000 in April, one of $4,000,000 in September, 1970 and an additional $3,000,000 in January, 1971. The Chairman directed that a copy of this letter be made a part of the minutes of this meeting. Mr. Austin requested authorization to notify Hornblower that our needs are in excess of this proposal, and that we will be exploring other sources of funding. After much discussion and consideration, the following letter was instructed to be sent to Hornblower & Weeks. 1461 Hornblower & Weeks, Hemphill, Noyes 700 Wilshire Boulevard Los Angeles, California 90017 Attention: William Lippman Manager, Municipal Bond Dept. Dear Mr. Lippman: At the Agency's meeting of May 7, 1970, your proposal for the issuance of bonds over a protracted period of time as contained in your letter of April 3, 1970 was duly considered. The Agency Board feels that this proposal as presented is unsatisfactory, inasmuch as our immediate needs are in excess of your proposed initial issue. We will continue to work with you towards a satisfactory arrange- ment. The Agency Chairman, A. M. Austin; Agency Counsel, BruceD. Varner; and the undersigned have been instructed by the Board to advise you of the findings of the Board, and to explore other sources and/or means of funding for the Agency!s required local share. No formal action was taken by the Board as to the proposal submitted by your firm, however, pursuant to the Agency's directives, please be advised that the Redevelopment Agency is actively pursuing at this time alternative means and/or sources of funding required for: the completion of the Central City Project. "-' Very truly yours, P. W. Quinn, Jr. Motion was made by Wein and seconded by Wilson instructing the Executive Director to send the above letter to Hornblower & Weeks. The motion was carried by the following vote, to wit: Ayes: Wein, Wilson, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None OTHER BUSINESS: Mr. Webster stated that as a private citizen and taxpayer he must express his concern regarding the Joint Powers Agreement. Mr. Varner stated that it is the Agency's responsibility to see that our Commissioner to the Authority represents the Agency's true feelings on all issues. ADJOURNMENT: Motion was made by Webster and seconded by Wilson to Adjourn the Meeting at 6:00 p.m. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Wein, Gutierrez and Austin Noes: None Abstenti None Absent: None _ -_ ~C?~ /_ . W. Quin Jr. / Executiv irector~ i 1462 .., -_4 Y _ ~_® aye; "~ rice nu MUNICIPAL eONp DEPARTMENT HORNBLOWER Si WEEKS-HEMPHILL, NOYES ~~~,e~t nsen~~y~~~ ~° ~ ~.A, F ~"ar .4~ i :~'' ~WWjµ ~ef ~ i/.°a~• i1 b 4Y V" ~y~ d ~~ ~~ ~1i' ua~~~~~~ Mr, Peter W. Quinn, Jr. Executive Director Redevelopment Agency City of San Bernardino 323 Court Street San Bernardino, California 92402 Dear Mr. Quinn: April 3, 1970.;. ;. ;• 700 •Vllahire BIW. Los Angeles, Call E. 90017 820-9600 Pursuant to my conversation with the Board of Directors yesterday evening, Hornblower & Weeks proposes the following financing program for the Redevelopment Agency's Central City Pro,) e c t 1. An issue to be sold in the last week of April of $4,000,000, 2, An issue of approximately $4,000,000 to be sold in August or September. 3, Assuming that the first two (2) issues have enabled this program to start and set off the building by the individual developers which vrill substantiate the tax increment needed to support the balance of your needs, we will issue another $3,000,000 approximately in January. The benefits of these are: 1, Bonds are issued in digestable size, 2. Because of the gradual build up in debt, there is a relationship with the development of the project, __ .,, 7463 Mr. Peter W. Quinn, Jr. Page 2 3• Fears of delay will be precluded because proceedings on development will correspond with issuance of the bonds. 4. As the protect develops, need for interest capitalization should lessen - therefore a greater percentage of the total issue will be in usable funds. This is a program that I feel that we can live with and I hope that it will satisfy your needs as well. r . ~ BREAK-DOWN X4,000,000 ISSUE Bond Discount $ 126,000 Hond Reserve 280,000 ..., Capitalized interest for the period ending through June of 1973 864,000 Net Proceeds available to the Agency $2,736,000 'Ve`ry truly yours, W Will am Dana L pman Manager, Municipal Bord Dept. WDL/cw ec: Mayor Ballard Jack Tcolan ~, 1464 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 21ST DAY OF MAY, 1970, 323 COURT STREET, ROOM 305, SAN BERNARDINO, CALIFORNIA The meeting was called to order at 4:10 p.m. Roll Call showed the following: Agency Members Present: Wein, Austin, Webster and Gutierrez Agency Members Absent: Wilson Also Present: Mr. Varner, Agency Counsel; Mr. Quinn, Executive Director; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of May 7, 1970 were submitted for approval. Motion was made by Wein and seconded by Webster approving the Minutes of May 7, 7970 as submitted. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: Wilson EXPENDITURES: The Expenditures for the month of April 1970 were presented for approval. Motion was made by Webster and seconded by Gutierrez approving the expenditures fior the month of April 1970 as submitted. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: :Pelson REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. 4:15 p.m. - Mr. Wilson arrived at the meeting. FALL FASHION FESTIVAL - PUBLIC MALL: Mr. Austin advised that members of the Downtown Businessmen's Associates have requested authorization to hold a Fall fashion Festival to coincide with the Grand Opening of the Public Mall. The Agency will of course have 100% control over the Grand Opening and the manner in which the mall area is used. Mr. Varner stated that he can see no legal problem, as long as the necessary agree- ment regarding insurance is signed. Mr. Varner further stated that he feels it is a good idea to authorize the use of the area f6r public purposes, providing the necessary agreement for insurance is executed. Mr. Austin recommended that Mr. Webster and Mr. Quinn coordinate with the Downtown Associates for the Grand Opening and Fashion Festival. All Members agreed. 1465 Upon further discussion, motion was made by Wilson and seconded by Webster directing the Executive Director, Chairman, and Agency Counsel to serve as a committee to coordinate with the City Administration, Central City Committee and the Downtown Business Merchants regarding appropriate public uses for the Central•City Mall facility. The ryation was carried by the following vote, to wit: Ayes: Webster, Wilson, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None DEDICATION PLAQUE: The Members were advised that another bid has been obtained for the proposed dedication plaque for the mall area. Gasser Bronze and Aluminum Company of South Gate estimates that the cost of manufacturing a 6' x 8' plaque would be $5,248 and it would weigh between 7000 - 3000 pounds. The bid of James H. Matthews & Company is approximately $3,437.70. Mr. Wein stated that he believes more than two bids should be obtained. Mr. Austin advised that these were the only two firms that would give us a bid on this size of bronze plaque. After discussion the following resolution was introduced: RESOLUTION N0. 2221 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO CONTRACT WITH JAMES H. MATTHEWS & CO. ,,..~ FOR THE MANUFACTURING OF A BRONZE DEDICATION PLAQUE FOR THE PUBLIC MALL WHEREAS, it is the desire of the Redevelopment Agency of the City of San Bernardino, California, to have manufactured and installed a bronze dedica- tion plaque, 6' x 8', for the public mall area; and WHEREAS, bids were solicited for the manufacturing of said plaque, the lowest being received from James H. Matthews & Company, in the amount of $3,274, plus $163.70 tax. 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 execute a contract between the Agency and James H. Matthews & Company for the manufacturing of a 6' x 8' bronze dedication plaque for the public mall, in an amount not to exceed $3,500.00. Adopted: 5-21-70 t4otion was made by Wilson and seconded by Webster authorizing the adoption of Resolution No. 2227. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Gutierrez and Austin Noes: Wein Abstention: None Absent: None d.~ 9466 ROGER ROY CONTRACTORS - LABOR PENALTY: Mr. Varner advised that the labor penalty for Roger Roy on his Unit No. 31 contract has been determined at $520.00. This amount was presented to Roger Roy contractors and they accepted the Agency's determination. After discussion, the following resolution was introduced: RESOLUTION N0. 2222 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE DEDUCTION OF $520 FROM CONTRACT WITH ROGER ROY GENERAL ENGINEERING CO., DEMO- LITION AND SITE CLEARANCE UNIT N0. 31, CENTRAL CITY PROJECT N0. 1, CALIF. R-79, AS JUSTIFIABLE PENALTY WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Demolition and Site Clearance Contract with Roger Roy General Engineering Company known as Unit No. 31; and WHEREAS, Contract Documents for demolition unit No. 31 specified labor standards in accordance with Federal Guidelines; and WHEREAS, Roger Roy General Engineering Company did, during the course of their demolition contract with this Agency, fail to adhere to the specified Labor Standards in that Roger Roy Engineering Company for a period of thirteen (13) days during the Contract running time, employ four (4) laboreres, not in accordance with the Contract Documents; and WHEREAS, the Federal Government has established a penalty of Ten Dollars ($10.00) per day, per man, for violation of Contract Labor Specifications; and NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California be authorized to levy a penalty in the amount of $520.00 in keeping with the Federal Government Labor Penalty Schedules upon Roger Roy General Engineering Company for failure to adhere to federal Labor and Contract Document Specifications. Said $520.00 penalty to be deducted from money due to Roger Roy General Engineering Company from the Redevelopment Agency of the City of San Bernardino, California. Adopted: May 21, 1970 Motion was made by Wein and seconded by Wilson authorizing the adoption of Resolution 2222. The motion was carried by the following vote, to wit: Ayes: Wein, Wilson, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None ROGER ROY CONTRACTORS - DELETION OF PARKING LOT: Mr. Austin advised that at the last Board Meeting, the Board authorized the deduction of $1,000 from Roger Roy.`s Unit No. 31 Contract for the deletion of the parking lot on Court Street. This was done at the City's request, in order that they may continue using the lot. Roger Roy feels that $1,000 1467 is too much to deduct from his contract for this deletion. The members dis- cussed the possibility of withholding the $1,000 until the lot is ready for demolition. Mr. Quinn advised that this possibility was discussed with Roger Roy, but that they felt there would be no assurance as to when this would occur and the moving in and out costs might exceed the $1,000. Other bids were obtained for this service. Mr. Jerry Winstead, City Adminis- trator, stated that the City could demolish the lot for $500. No written commitment was obtained from Mr. Winstead. The members discussed entering into a contract with the City for this demolition at a cost of $500, and deducting this anaunt from Roger Roy's contract. After further discussion, nation was made by Wein and seconded by Wilson tabling the matter until the next board meeting, in order that the Agency can obtain written commitment from the City for the demolition of the parking lot, The motion was carried by the following vote, to wit: Ayes: Wein, Wilson, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None CONSTRUCTION OF PUBLIC AREAS: Mr. Varner advised that bids were jointly opened by the Agency and the City for the Construction of the public areas. The lowest bid was offered by W. J. Burke Construction Company in a total amount of $5,731,000. The Agency's share of the cost would be $827,000. Mr. Varner stated that all bid documents were in order. After further discussion, the following resolution was introduced: RESOLUTION N0. 2223 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH W. J. BURKE CONSTRUCTION COMPANY, INC., FOR SITE PREPARATION UNIT N0. 12, PHASE II, PUBLIC AREAS CON- STRUCTION, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, the Agency has under date of March 21, 1967, entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its' Central City Project No. 1, Calif. R-79, under Title I of the Housing Act of 1949 as amended and pursuant to that Contract the Agency is undertaking certain activities necessary for the execution of the Central City Project, Calif. R-79; and WHEREAS, the Agency, in conjunction with the City of San Bernardino invited competitive sealed bids for the construction of the City Hall, Exhibit Hall and Public Areas in accordance with the Contract Documents furnished all bidders; and .~ WHEREAS, an Invitation for Bids therefore was duly published in the San Ber- nardino Sun Telegram, a newspaper of general circulation for four consecutive weeks and an Affidavit showing such publications are on file with the City of San Bernardino; and 1468 WHEREAS, a number of such bids were received at the time and place specified and said bids were opened and read aloud in public. The lowest qualified bid was offered by the W. J. Burke Construction Company, Inc. in the total amount of $5,731,000. wherein the Agency's share of the cost to construct the Public Areas was segregated in the bid as attachment "B" to Bid form, wherein W. J. Burke Construction Company, Inc. submitted a cost of $827,000.; and WHEREAS, the City of San Bernardino has accepted the bid of W. J. Burke Construction Company, Inc., and it is in the best interest of the Agency to accept the bid of the Contractor. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that subject to the approval of the'Contractor by the Department of Housing and Urban Development, the cost breakout for the Public Areas in the amount of $827,000. submitted by W. J. Burke Construction Company, Inc., be hereby accepted and the Chairman and Secretary authorized to execute the Contract for Site Preparation Unit 12, Phase iI, Public Areas Construction, Calif. R-79, on behalf of the Agency. Adopted: May 21, 1970 Motion was made by Wilson and seconded by Webster authorizing the adoption of Resolution No. 2223. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None AMENDMENT TO BARSTOW FREEWAY AGREEMENT: Mr. Quinn stated that after review of the Map of the proposed Barstow Freeway Agreement, it has been determined that an off and on ramp is necessary in the area of the Barstow Freeway known as Station 580, in order to complete the proper development of the State College Redevelopment Project. The map was shown and the proposed area for the ramp pointed out. Mr. Varner stated that this ramp would enhance the value of the commercial property in this area and give the Agency a greater tax increment for our revenue bands. Mr. Quinn re- quested authorization to recommend to the State Highway Department that an amendment to their agreement be executed, to provide for this ramp. Mr. Varner stated that the City has already adopted a resolution to this effect, and that Inland Action and the State College Advisory Board has prepared resolutions on their agendas. The following resolution was introduced: RESOLUTION N0.2224 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RECOMMENDING AMENDMENT TO BARSTOW FREEWAY AGREEMENT TO THE STATE OF CALIFORNIA WHEREAS, on April 27, 1970, the City of San Bernardino adopted a Redevelopment Plan known as San Bernardino State College Project No. 4; and 1469 WHEREAS, this organization has reviewed said Redevelopment Plan, which includes among other things the development of a proposed golf course and industrial site; and WHEREAS, said Plan contemplates the amendment of the Barstow Freeway Agreement to allow construction of an on and off ramp at the area of the Barstow Freeway known as Station 580 to facilitate and implement the Plan; and WHEREAS, the State Highway Commission has affirmed that the current design of the 30/15 Interchange provides for the construction of a new interchange on Route 15 between Route 30 and State College Parkway; and WHEREAS, the State Highway Commission indicated that when the planned facilities within the area were developed and traffic volumes increased the State Division of Highways would re-evaluate the construction of an interchange; and WHEREAS, of the planned improvements, Cajon High School, Shandin Junior High School, Blair Park and Mt. Vernon Avenue over Shandin Hills have now been com- pleted within the State College Redevelopment Project; and WHEREAS, said on and off ramp is necessary to complete the proper development of said State College Redevelopment Project. NOW, THEREFORE, BE IT RESOLVED: That the Redevelopment Agency of the City of San Bernardino, does hereby indicate its support and approval of the State College Redevelopment Project as set forth in said Redevelopment Plan. ~"" RESOLVED FURTHER: That the Redevelopment Agency hereby recommends to the State of California, Division of Highways, that the Barstow Freeway Agreement be amended to authorize construction of an on and off ramp in the area of the Barstow freeway known as Station 580 in order to ensure implementation and proper development of said Project, and urges that the construction of said on and off ramp be completed by the State of California. RESOLVED FURTHER: That a copy of this resolution be forwarded to the State of California, Highway Commission and the Division of Highways. Adapted: 5-21-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2224. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Wilson, Gutierrez and Austin Noes: None Abstention: None Absent: tlone REMEDIAL WORK - WARM CREEK CHANNEL: Mr. Quinn advised that the asphalt paving between the Warm Creek Channel and the Western Title Building is in need of repair. BWB Contractors have agreed to perform this remedial work for the sum of $780. Western Title Company has agreed to share the cost of this work. Our cost would be $390. The ln~o h1embers determined that this cost would be warranted, subsequent to the receipt of a Release of Liability from the Western Title Company. The following resolution was introduced: RESOLUTION NO. 2225 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF $390 FOR REMEDIAL WORK, WARM CREEK CHANNEL, R-10 WHEREAS, the asphalt paving between the Warm Creek Channel and the Western Title Building is in need of repair; and WHEREAS, BWB Contractors have agreed to perform this remedial work for the sum of $780; and WHEREAS, Western Title Company has agreed to share the cost of said remedial work with the Agency on an equal basis; and WHEREAS, the Agency Members have reviewed the circumstances involved, and have determined that said work is necessary and said expenditure of $390 warranted. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the expenditure of $390 for the Agency's portion of the remedial work, Warm Creek Channel, is hereby authorized, subsequent to the receipt of a Release of Liability, from the Western Title Company. Adopted: 5-21-70 Motion was made by Wilson and seconded by Webster authorizing the adoption of Resolution No. 2225. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None CHANGE ORDER-DIFFENBAUGH CONTRACT: Mr. Austin explained that cracks have appeared in the interior plastered soffits in the west court of the mall. The Inspector and Architect have deter- mined that the installation of expansion joints is necessary to remedy the cracked area and to prevent any further cracking of future finish plastering. It is proposed to enter into a Change Order with Diffenbaugh for an amount not to exceed $1,300 for these expansion joints. Mr. Wein stated that he believes the Contractor should be responsible for this expense. Mr. Quinn advised that the Contractor followed the specifications furnished by our architect, Gruen Associates. The specifications did not pro- vide for the expansion joints. The Members felt that perhaps the expense should be incurred by Gruen Associates in that the joints were not noted on the plans. All Members determined the necessity for this work to be done. After much discussion and review, the following resolution was introduced: 1471 RESOLUTION N0. 2226 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING J. D. DIFFENBAUGH CO. TO INSTALL EXPANSION JOINTS TO EACH COLUMN, RESPONSIBILITY OF COSTS TO BE DETERMINED AT A LATER DATE WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into contract with the J. D. Diffenbaugh Company for the construction of the public mall; and WHEREAS, cracks have appeared in the interior plastered soffits in the West Court of the mall; and WHEREAS, the Inspector and Architect have determined that the installation of expansion joints is necessary to remedy the cracked area and to prevent further cracking of future finish plastering; and WHEREAS, the Agency Members have reviewed the circumstances presented and have determined that said work is necessary and that the Contractor should be authorized to proceed with the installation of the expansion joints; and WHEREAS, the responsibility for the expense of this installation must be deter- mined after careful review and discussions with all parties. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Contractor, J. D. Diffenbaugh Company, is hereby authorized to proceed with the installation of the expansion joints, with the responsibility of same to be determined at a later date, not to exceed the amount of $1300. Adopted: 5-21-70 Motion was made by Wilson and seconded by Webster authorizing the adoption of Resolution No. 2226. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None Mr. Quinn was instructed to notify all parties concerned that a meeting will be held to determine the ,responsible party for all costs involved. OTHER BUSINESS: Mr. Wilson stated that he is concerned about the proper intersectioning in the area of 2nd and 4th Streets, on the Harrison Freeway. He stated that he believes the Agency should look into the matter, as proper intersectioning is very important to the success of the Project. Concern regarding the change of traffic patterns on Highway 395 due to our mall shopping center was also ex- pressed. Mr. Quinn stated that he would obtain a map from the Department of Highways for the Board's review at the next meeting, in this way the Board can determine if any action must be taken by the Agency to initiate such an intersection. Mr. Wein complemented Mr. Wilson on his foresight in this matter. ~~ 1472 Mr. Austin stated that he has been advised by Harris and Frank that their alarm system is inadequate due to the nature of the construction of the Mini- Mali. They have stated that they can remedy this situation by applying a wire mesh to the outside of their premises. Mr. Austin recommended that this matter be tabled until the staff could make a full investigation and determine all the details. All members agreed. Mr. Austin further stated that Harris and Frank have stated that their air- conditioning is inadequate. Mr. Webster stated that at the time of bids for the construction of the mini-mall, Panel Systems, the successful bidder, stated that they could provide adequate air-conditioning with the unit proposed. After further discussion, Mr. Austin requested that this matter be tabled in order that the staff could make a full investigation of this matter. All members agreed. Mr. Wilson asked how the Agency was progressing on the hotel site. Mr. Varner stated that he believes he will be in a position to give a full report at the next meeting. Mr. Wein requested that a financial report on our R-79 bonds be given at the next meeting. Mr. Quinn stated that he believes that by the next board meeting he will be in a position to give such a report. ADJOURNMENT: Motion was made by Wilson and seconded by Webster to adjourn the meeting at 5:20 p.m. The motion was carried by the following, vote, to wit:; Ayes: Wilson, Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None 1473 MINUTES OF THE SPECIAL MEETING OF THE MEMBERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA HELD THE 1ST DAY OF JUNE, 1970, ROOM 305, 323 COURT STREET, SAN BERNARDINO, CALIFORNIA The Meeting was called to order at 4:00 p.m. The Chairman reported that this special meeting has been called pursuant to the following notice: 1. NOTICE OF SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA NOTICE is hereby given that a Special Meeting of the Members of the Redevelop- ment Agency of the City of San Bernardino, California, will be held at 4:00 p.m., June 1,1970, 323 Court Street, Room 305, San Bernardino, California, the regular meeting place thereof, for the purpose of reviewing the tentative report for the proposed West Side Redevelopment Project. GATED this 28th day of May, 7970. s/P. W. Quinn, Jr. P. W. Quinn, Jr. Secretary 2. CERTIFICATE OF SERVICE I, P. W. QUiNN, JR., Secretary of the Redevelopment Agency of the City of San Bernardino, California, HEREBY CERTIFY, that on the 28th day of May, 1970, I served a true copy of the foregoing Notice of Special Meeting on each and every member of the Redevelopment Agency of the City of San Bernardino, California in the following manner: BY UNITED STATES h1AIL WITNESS my hand and the seal of the Agency, this 28th day of May, 1970. s/P. W. guinn, Jr. P. W. Quinn, Jr. Secretary Roll Call showed the following: Agency Members Present: Austin, Wein, Gutierrez and Webster Agency Members Absent: Wilson Also Present: Mr. Quinn, Executive Director; and hits. Baxter, Executive Secretary WEST SIDE REDEVELOPMENT PROJECT: The Preliminary Plan for the West Side Redevelopment Project was presented to the Members. Mr. Quinn pointed out the area on the map. It was explained that the area designated was actually drawn up by a "ad-hoc" committee within the area itself. A Project Area Committee is required under the regulations of HUD, which this ad hoc committee will be succeeded by. 1474 Councilman Norris Gregory was presented to the flembers. P1r. Gregory stated that this project was.initiated by the residents of the area. f1r. Clyde Alexander, President of the NAACP confirmed this statement. After further discussion of the area involved, the following resolution was introduced: RESOLUTION N0. 2227 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE TENTATIVE BOUNDARY AND THE PRELIMINARY PLAN, FOR THE PROPOSED WEST SIDE REDEVELOPMENT PROJECT, AS SUBMITTED BY THE CITY OF SAN BERNARDINO PLANNING DEPARTMENT WHEREAS, there are survey areas within the City of San Bernardino, requiring preliminary studies to determine the feasibility of particular redevelopment projects; and WHEREAS, by Resolution No. 10242, adopted Play 4, 1970, the Mayor and Cmrtunon Council of the City of San Bernardino designated a certain described area as a survey area and found that said area requires study to determine if a redevelopment project is feasible; and WHEREAS, the Planning Commission of the City of San Bernardino, California, in compliance with the above mentioned Resolution submitted a Preliminary Plan report for the proposed West Side Redevelopment Project; and WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to designate said described area as a Redevelopment Project. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby approve the tentative boundary and Preliminary Plan for the Proposed West Side Redevelopment Project, as submitted by the City of San Bernardino Planning Commission. Adopted: 6-1-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2227. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: Wilson Mr. Webster stated that at the recent NAHRO Conference in Hawaii, the importance of proper coordination between Agency, City and project residents, was greatly stressed. All Members agreed that this cooperation is essential for a redevelopment project. Mr. Quinn explained that the Agency will advise the Planning Department of its approval of the tentative boundaries and the Preliminary Plan. The Plan will then go back to the Planning Commission for final approval and recommendation, 1475 and be sent to the Council for approval. The Redevelopment Plan will then be prepared and submitted to a Public Hearing for its adoption. ADJOURNMENT: Motion was made by Webster and seconded by Wein to adjourn the meeting at 4:30 p.m. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez, and Austin Noes: None Abstention: None Absent: Wilson 1476 MINUTES OF THE REGULAR MEETING OF JUNE 4, 1970 OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERpARDINO, CALIFORNIA, HELD 4:00 P.M., 323 COURT STREET, ROOM 305, SAN BERNARDINO, CALIF. The meeting was called to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Austin, Wein, Gutierrez and Webster Agency Members Absent: Wilson Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of May 21, 1970 were presented for approval. Mr. Webster requested that on Page 5, under "Other Business", reference be made to the Agency's concern regarding the change of traffic patterns on Highway 395, due to our mall shopping center. All Members agreed. Motion was made by Webster and seconded by Wein approving the Minutes of May 21, 1970 with the inclusion of the above. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: Wilson Mr. Quinn reported that he has been in contact with the Highway Department regard- ing the Agency's concern for the location of a possible interchange on the "Harrison Freeway" which is proposed for construction. Our desire for an inter- change facility located in the vicinity of Third Street was expressed, and also the traffic pattern change to be created by the construction of our Central City Mall. Mr. Quinn stated that he has been advised by Mr. Bob Redden that a letter will be forwarded to the Agency to the effect that the Highway Department recognizes the desires of the Agency, and that the Third Street interchange is being considered. Mr. Redding stated that they also recognize that there will be a change in traffic patterns on Highway 395. f•1r. Webster requested that the Agency contact other public agencies regarding resolutions of support for these interchanges. All t•1embers agreed. t1r. Austin instructed the Executive Director to prepare a resolution to this effect for the next meeting. The M1linutes of the Special Fleeting of June 1, 1970 were submitted for approval. f•1otion was made by Wein and seconded by Webster approving the flinutes of the Special Meeting of June 1, 1970 as submitted. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin tJOes: None Abstention: None Absent: Wilson for. Gutierrez stated that at the Special fleeting, the Members were advised by for. Gregory and Pir. Alexander that the residents of the area initiated the proposed West Side Redevelopment Project, and that the boundaries were desig- nated by the Ad Hoc Committee within the area. fir. Gutierrez stated that there are nany people within the area who are not aware of the project. He suggested 1477 that the Agency hold an informal meeting, in a public park and advise all ~ -~ residents of the proposed project. In this manner the proper advantages of the project can be explained. h1r. Quinn stated that a mailer could be sent out to all residents explaining the general nature of the program, and in- viting them to such a meeting. h1r. Austin stated that it is his opinion that the Agency should hold this meeting jointly with the Ad Hoc Committee. All Members agreed. h1r. Varner stated that the Council will be reviewing the Preliminary Plan for this project on Monday, June 8, 1970. htr. Gutierrez stated that this meeting should be held before the Council takes any action on the Plan. h1r. Austin stated that the Agency could request that this item be tabled until after the meeting is held. After further discussion, the Chairman instructed the Executive Director to contact the Ad Hoc Committee, in order to set up a meeting at the earliest possible date, and to request that the review of the Preliminary Plan by hhe Common Council be tabled until such a meeting is held. REPORT BF AGENCY COUNSEL: htr. Varner stated that he has nothing to report at this time. ROGER ROY CONTRACTORS - DELETION OF PARKING LOT COURT STREET: ' Mr. Desrochers reported that the City of San Bernardino has agreed to demolish the parking lot on Court Street for $500.00. It is the Engineering Department's recommendation to delete $500 from Roger Roy's Contract, Unit No. 31, and to execute a Contract with the City for this service, not to exceed X500.00. After discussion, the following resolution was introduced: RESOLUTION N0. 2228 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAfJ BERNARDINO, CALIFORNIA, AUTHORIZIPJG THE DELETION OF THE PARKING LOT (COURT STREET) FROM ROGER RCY'S UNIT N0. 31, DEh10LITI0N AND SITE CLEARANCE, CALIF. R-79, WITH THE CITY OF SAN BERNARDINO FOR DEh10LITION OF SAID DELETED AREA WFJEREAS, the City of San 6ernardino is in critical need of parking space; and WHEREAS, Roger Roy Uemolition Contractor under Unit 31 Contract had authoriza- tion to demolish a parking area near tfie temporary City Hall on Court Street; and WHEREAS, the Redevelopment Agency, through Board Action, Resolution fJo. 2208 agreed to deduct $1,000. from the Demolition Unit No. 37 Contract in order to retain the parking area for City use; and WHEREAS, the Demolition Contractor for Unit 31 did not agree to the fee of q1 ,000. deletion from his Contract but to 5500. for withholding the demolition of the subject parking lot; and 1478 WHEREAS, the City of San Bernardino has agreed to demolish the subject lot fora fee of $500. under their Resolution No. 10283 adopted June 2, 1970; and NOW, THEREFORE, DE IT RESOLVED that the previous action of the Agency Board through Resolution No. 2208 and Change Order PJo. 1 be rescinded. Furthermore, that 5500 be deducted from Unit 31 Contract for the deletion of the subject parking lot in the form of Change Order No. 2. BE IT FURTHER RESOLVED that the Chairman and Secretary be authorized to enter into an Agreement with the City of San Bernardino to demolish the subject lot at a cost not to exceed 5500. Adopted: June 4, 1970 Plotion was made by Webster and seconded by Wein authorizing the adoption of Resolution No. 2228. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: Wilson CHANGE ORDER, GRIGGS-NORWOOD, UNIT N0. 12, PHASE I, CALIF. R-79: P1r. Desrochers explained that several problems have been encountered during execution of the grading contract for the City Fiall, public areas, and park- ing garage sites. He requested a Change Order to Griggs-PJonvood Contract, for the following alterations to the original plans: Removal and disposal of footings and debris through the area. It vaas ex- plained that the foundation footings of the old Antlers Hotel were never removed. Approximately 1/2 of this foundation is in the area of the grading contract, and the other half is on the parcel of property under Disposition Agreement to Suburban Associates. P1r. Quinn advised that the staff has contacted Suburban Associates regarding this foundation. They have requested that the foundation be removed. The Contractor has quoted a price of appro- ximately $1,600 for the removal of the portion within their contract. After discussion, the members determined that the entire foundation should be removed. t1r. Desrochers was directed to negotiate with the Contractor for the removal of the entire foundation. Alteration of shape of the slopes and embankments. During the first portion of the work, the Agency was advised by Gruen Associates and CHJ ilaterials to make certain alterations. Deletion of the stockpiling of excess material. There being many debris pockets, CHJ t4aterials Lab has suggested that the majority of the stockpiling be eliminated. Upon discussion it was determined that the difference between the stockpiling and the hauling off of the dirt would be 5.50 a cubic yard. Deletion of the grading for the Cultural Center. Since the Cultural Center Auditorium will not be constructed for at least one year, it is not feasible to leave the proposed slopes for the seating arrangement unprotected for this period of time. The Contractor has offered a credit for this elimina- tion. 747° After further review and discussion, the following resolution was introduced: RESOLUTION) N0. 2229 RESOLUTION OF THE REDEVELOPMENT AGENJCY OF THE CITY OF SAN BER- WARDINO, CALIFORNIA, AUTHORIZING CHANGE ORDER NO. 1 WITH GRIGGS NORWOOD, SITE PREPARATION UNIT N0. 12, PHASE I, CENTRAL CITY PROJECT tJO. 1, CALIF. R-79 WtJEREAS, the Redevelopment Agency of the City of San Bernardino, under date of April 24, 1970, entered into contract with Griggs Norwood, Incorporated, for Site Preparation, Unit 12, Phase I; and WNIEREAS, during the execution of said contract it became necessary to alter the work from the original plans as follows: Remove and dispose of footings and debris throughout the area. Alter the shape of the slopes and embankments. Delete the stockpiling of excess material. Delete the grading for the Cultural Center. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino that the Chairman and Secretary are authorized to enter into Change Order No. 1, with Griggs Norwood, Incorporated, Site Preparation Unit 72, Phase L BE IT FURTHER RESOLVED that credit for the deletion of the Cultural Center be allowed •and that the contractor also remove the entire debris and foundations located in the area of the former Antlers Hotel. The total cost of the change order shall not exceed $13,500.00. Adopted: 6-4-70 Motion was made by Webster and seconded by Wein authorizing the adoption of Resolution No. 2229. The motion was carried by the following vote, to wit: ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: Wilson TRAVEL, SINGER LINK FACTORY: Mr. Desrochers stated that Arrowhead Engineering's electrical engineer was introduced to representatives from Singer Link and they were very pleased with him. The following resolution was introduced: RESOLUTION N0. 2230 .. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE OPERATIONS OFFICER AND THE ASSISTANT OPERATIONS OFFICER TO TRAVEL TO SUNNYVALE, CALIFORNIA JUNE 3, 1970 7480 WHEREAS, Resolution No. 2043 of the Redevelopment Agency of the City of San Bernardino, California, requires that each trip made by an Agency Member or Staff Member outside of the City of San Bernardino be specifically authorized by a resolution of the Agency f4embers; and WHEREAS, it is found essential for the Operations Officer and the Assistant Operations Officer to travel to Sunnyvale, California, June 3, 1970, to meet with representatives of the Singer Link Factory, for an orientation of the traffic signalization equipment for the Central City Project; N04J, THEREFORE BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency does hereby authorize the travel of the Operations Officer and the Assistant Operations Officer to Sunnyvale, California, June 3, 1970, to meet with representatives of the Singer Link FActory. BE IT FURTHER RESOLVED that their travel expenses are hereby approved in accordance with Resolution No. 2043, as amended. Adopted: 6-4-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution PJo. 2230. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: tJone Abstention: None Absent: Wilson h1ALL INSPECTION AND TESTIiJC, CONTRACTS: Plr. Quinn explained that the length of the construction contract for the mall has extended beyond the original year limitation due to labor disputes and changes in the vaork, and therefore the Inspection and Testing contracts will need changes in their up-set amounts. After discussion the following resolu- tions were introduced: RESOLUTION N0. 2231 RESOLUTION OF THE REDEVELOPf4EiJT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING Ah1ENDNEPIT TO CONTRFlCT FOR RESIDENT CONSTRUCTION SUPERVISION (INSPECTION) SERVICES CENTRAL CITY PROJECT N0. 1, CALIF. R-79, KRUEPER ENGINEERING AND ASSOCIATES WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with Krueger Engineering and Associates for Resident Construction Supervision (Inspection) Services for the construction of the Central City PJall Unit No. 2, under Contract dated July 31, 1969; and WHEREAS, the length of the construction contract has extended beyond the original year limitation, due to labor disputes and changes in the work; and 4JHEREAS, it is in the best interest of the Agency to continue the present Resident Construction Services; and 1481 IJOtJ, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be hereby authorized to execute Contract Amendment No. 1 with Krueger Engineering and Associates for Resident Construction Supervision (Inspection) Services for an additional fee of $7,500. Revised Contract Limit not to exceed $34,708. Adopted: June 4,1970 RESOLUTION N0. 2232 RESOLUTION OF THE REDEVELOPh1ENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING AMENDMENT TO CONTRACT FOR MATERIAL TESTING SERVICES, C H J MATERIALS LABORATORY, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into a Contract with C H J Materials Laboratory for faterial Testing Services in connection with the construction of the Central City Mall under contract dated July 29, 1970; and WHEREAS, during the course of construction of the f1a71, certain changes in the construction have been approved by the Redevelopment Agency Board;and WJJEREAS, the Contractor, C H J Materials Laboratory, based their fee for Material Testing on One Per Cent of the total Contract price; and WHEREAS, it is in the best interest of the Agency to continue with the present faterials Testing Laboratory; and NOW, THEREFORE, 6E IT RESOLVED by the Redevelopment Agency of the City of San 6ernardino that the Chairman and Secretary are hereby authorized to execute Contract Amendment fio. 1 with C H J Materials Testing Laboratory for Materials Testing Services for an additional fee not to exceed 1~ of the total construction contract cost. Said additional fee is estimated not to exceed $2,500. Total revised contract limit shall now be $29,708. Adopted: June 4, 1970 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolutions No. 2231 and 2232. The motion vas carried by the following vote, to w.it: Ayes: Webster, Gutierrez, Wein andAustin Noes: None Abstention: None Absent: Wilson RATIFICATION OF AGEfJCY ACTION - APPROVAL OF (JEST SIDE REDEVELOPP1EfJT PLAN: Motion was made by Wein and seconded by Gutierrez tabling this matter until the next meeting, in order that f1r. Wilson will be present. The motion was carried by the following vote to wit: Ayes: Wein, Gutierrez, 4Jebster and Austin floes: None Abstention: None Absent: Wilson - . 1402 ADVERTISING PARKING STRUCTURES: h1r. Quinn advised that the Agency has received the final plans for the parking structure, and now requests authorization to advertise for construction bids. hir. Varner stated that many developments are based upon the start of the cons- truction of the five-level parking structure, and that this is a very special landmark in our project. Plr. Wein asked if the Agency will solicit proposals for the testing and inspection as we have on the mall. Mr. Quinn stated that the Agency will. After further discussion, the following resolutions were introduced: RESOLUTION N0. 2233 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAfJ BER- NARDINO, CALIFORNIA, AUTHORIZING THE EXECUTIVE DIRECTOR TO ADVERTISE FOR CONSTRUCTION BIDS ON THE FIVE LEVEL PARKING STRUCTURE WHEREAS, final plans have been received from Gruen Associates for the construction of the five level parking structure, within the Civic Cultural Center area; and WHEREAS it is the desire of the Redevelopment Agency to advertise for construction bids for said five level structure. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Executive Director is hereby authorized to advertise for the construction of the five level parking structure, with the Civic Center area. Adopted: 6-4-70 Motion was made by Webster and seconded by Wein authorizing the adoption of Resolution No. 2233. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: Wilson RESOLUTION N0. 2234 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTIVE DIRECTOR TO ADVERTISE FOR CONSTRUCTION BIDS ON THE THREE LEVEL PARK- ING STRUCTURE, MALL AREA WHEREAS, final plans have been received from Gruen Associates for the construction of the three level parking structure, within the mall area; and WHEREAS, it is the desire of the Redevelopment Agency of the City of San Ber- nardino to advertise for construction bids for said three level parking structure. NOW, THEREFORE, BE IT-RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Executive Director is hereby authorized to advertise for the construction of the three level parking structure, within the mall area. Adopted: 6-4-70 1483 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2234. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierre;, Webster, and Austin Noes: None Abstention: None Absent: Wilson OTHER BUSINESS: The Members asked Mr. Quinn if the request of Harris & Frank regarding the alarm system and the air conditioning has been resolved. Mr. Quinn stated that the staff is looking into the cost involved for a new type of alarm system. The Contractor of the Mini-Mall is installing an additional 5 ton air conditioner for Harris and Frank. Mr. Quinn stated that the Agency has received a letter of thanks from Virgil Luke:; which has been sent to all members. ADJOURNMENT: Motion was made by Webster and seconded by Gutierrez to adjourn the meeting at 6:45 p.m. The motion was carried by the following vote, to wit: ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: Wilson 1484 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD JUNE 18, 1970, 323 COURT STREET, ROOM 305, SAN BERNARDINO, CALIFORIIA The meeting was called to order at 4:05 p.m Roll Call showed the following: Agency Members Present: Austin, Wilson, We in, Gutierrez and Webster Agency Members Absent: None Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel, and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of June 4, 1970 were presented for approval. Motion was made by Webster and seconded by Gutierrez authorizing the approval of the Minutes of June 4, 1970 as submitted. The motion was carried by the follow- ing vote, to wit: Ayes: Webster, Gutierrez, We in and Austin Noes: None Abstention: Wilson Absent: None EXPENDITURES: The Expenditures for the month of May, 1970 were presented for approval. Motion was made by Webster and seconded by Gutierrez approving the Expenditures for the month of May, 1970, as submitted. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein, Wilson and Austin Notes: None Abstention: None Absent: None REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. REQUEST FOR OWNER PARTICIPATION AGREEMENT - TRANSCONTINENTAL INVESTMENT: Mr. Bob Curci, representing Transcontinental Investment Company, was presented to the Board. Mr. Curci stated that Transcontinental Investment Company owner property within the State College Redevelopment Project, and would like to enter into an Owner Participation Agreement with the Agency for the development of two mobile home parks on this property. Mr. Switzer, Civil Engineer for the project, was introduced to the Members. Mr. Switzer pointed out the property involved to the members on the map. The proposed site west of Little Mountain Drive is planned for 178 mobile homes, with 4.6 spaces per acre and a recreational center. This park is planned for adults only and will overlook the proposed City Golf Course. The second pro- posed site is east of Little Mountain Drive and is planned for 130 spaces, with 5.4 spaces per acre, and a recreational center. This park is planned for families due to its close proximity to the proposed school site and Blair Park. It was explained that Transcontinental Investment owns a portion of the land to be developed by the City for a golf course. The Members asked Mr. Varner what action must be taken by the Board to approve this land.use. Mr. Varner stated that the proposed use must be approved and the 1485 actual Owner Participation Agreement scheduled for Public Hearing. The Agency should recommend to the Planning Commission that the land use in this area allow for the mobile home parks. He further stated that a letter should be obtained from Mr. Jack Reilly, City Planning Director, stating that this use will comply with the Master Plan. After further discussion, the following resolution was introduced: RESOLUTION N0. 2235 RESOLUTION OF THE REDEVELOPMENT AGENCY:"OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE PUBLICATION OF 7HE NOTICE OF PUBLIC HEARING, TRANSCONTINENTAL INVESTMENT CO. WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to enter into an Owner Participation Agreement with Transcontinental Investment Company, a California Corporation; and WHEREAS, the subject property is located within the bounds of the State College Project No. 4; and WHEREAS, it is to the mutual benefit of both the Agency and the participating owner to enter into said Agreement; and WHEREAS, a Public Hearing pertaining to said agreement will be held on the 2nd day of July, 1970; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, that it declares its intention to enter into an Owner Participation Agreement with Transcontinental Investment Company, and hereby authorizes the publication of a Notice of Public Hearing. BE IT FURTHER RESOLVED that the Secretary is hereby authorized to recommend to the Planning Commission, of the City of San Bernardino, that the right be granted to Transcontinental Investment Company, for said proposed land use, in accordance with the provisions of the Redevelopment Plan for the State College Project Area, adopted by the Common Council, April 27, 7970. Adopted: 6-18-70 Mr. Wein moved for the approval of Resolution No. 2235 approving the land use pro- posed by Transcontinental Investment Company and scheduling the proposed Owner Participation Agreement for Public Hearing. Mr. Gutierrez seconded the motion. Mr. Wilsron stated that he did not believe that the development of a mobile park would be to the best interest of the Agency and City. He stated that this area will overlook the proposed golf course and that a conventional home development would generate far greater tax revenue for the City. Mr. Jack Reilly stated that after careful review it has been determined that the difference in tax dollar is not that great. Mr. Switzer explained that the gross tax revenue is greater from a home development, but upon calculation the net revenue received by the '°'"` City does not show such a great difference. In a mobile home area less police and fire protection is necessary, and no maintenance by the City is required. 1486 Mr. Wein stated that he is favor of this proposal because Transcontinental Investment owns the land and their proposal is definite. Mr. Webster stated that he also is in favor of the proposal. Mr. Curci advised that Transcontinental Investment will develop the land even if the golf course is never built. Mr. Wein repeated his motion to adopt Resolution No. 2235 approving the land use proposed by Transcontinental Investment Company and scheduling the pro- posed Owner Participation Agreement for Public Hearing. Mr. Gutierrez confirmed his second. The Motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Webster and Austin Noes: Wilson Abstention: None Absent: None LANDSCAPING CENTRAL CITY: A letter was presented to the Members from Mr landscaping in the Central City Project. Mr. Agency reconsider the choice of Sycamore and area because of the shedding of leaves and/or that the bulk of the sycamore trees have been remains to be planted. John Lonergan regarding the Lonergan suggested that the Jacaranda trees in the downtown blossoms. Mr. Quinn explained planted. The parking area still Mr. Freels, Landscape Architect, Linesch & Reynolds, was presented to the Board. Mr. Freels stated that the London Plain Tree, referred to as the Sycamore, was chosen because of the shade it gives and because of its esthetic structure. It does shed leaves seasonally. The Jacranda was chosen because of its colorful blossoms and has been proposed to be planted along Court Street only. Mr. Freels stated that these trees were reviewed by the Park Department and approved. After discussion and careful review, the members instructed the Executive Director to investigate the matter, looking intoihe landscaping usedin other downtown areas, and to coordinate with the City Park Department and Mr. Freels to determine the best trees for San Bernardino downtown area. Upon completion of the study, a full report, including costs involved, should be presented to the Board. OFFER TO PURCHASE, FIDELITY CAPITAL: Mr. Quinn stated that Fidelity Capital Corporation has requested that their Offer to Purchase Reuse Parcels 13b, 15, 16 & 17, Calif. R-10, be extended until the July 16, 1970 Board Meeting. The State Commissioner of Banking is on vacation and will not return until July 9, 1970. They should receive notification of their charter by July 15th. Motion was made by Wein and seconded by Webster authorizing an extension of all Offers to Purchase Reuse Parcels 13b, 15, 16 & 17, Calif. R-10, until the July 16, 1970 Board Meeting. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez, Wilson and Austin Noes: None Abstention: None Absent: None INDEPENDENT WITNESSES, AUCUTT CASE: Mr. Allen Gresham, Condemnation Attorney, was presented to the Members. Mr. Gresham explained that it is his recommendation that the Agency hire two in- dependent witnesses for the Aucutt case. Trial is set for June 29th. Their 1487 appraisal is approximately 2-1/2 times greater than ours. Mr. Ray Benson is an - ry expert appraiser on service station sites. He has stated that he would perform this service for $400. Mr. Bob Hill is an expert appraiser in this area. He has stated that he would perform this service for $750. After discussion, the following resolutions were introduced: RESOLUTION N0. 2236 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF $400 FOR THE SERVICES OF MR. RAY BENSON AS AN INDEPENDENT WITNESS IN THE AUCUTT CASE. WHEREAS, Resolution No. 721 of the Redevelopment Agency of the City of San Bernardino, authorized the condemnation ofi Block 9, Parcels 1, 2, 3, and 11, Calif. R-79, Mabel Aucutt; and WHEREAS, it is to the advantage of the Agency to obtain the services of an independent appraiser and witness for said property; and WHEREAS, Mr. Ray Benson has proposed to perform said services for the sum of $400. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that an expenditure of not to exceed $400 is hereby authorized for the services of Mr. Ray Benson as an independent appraiser and """ witness in the Aucutt Case, Calif. R-79. Adopted: 6-18-70 RESOLUTION N0. 2237 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF $750 FOR THE SERVICES OF MR. BOB HILL AS AN INDEPENDENT WITNESS IN THE AUCUT CASE. WHEREAS, Resolution No. 721 of the Redevelopment Agency of the City of San Bernardino, authorized the condemnation of Block 9, Parcels 1, 2, 3, and 11, Calif. R-79, Mabel Aucutt; and WHEREAS, it is to the advantage of the Agency to obtain the services of an independent appraiser and witness for said property; and WHEREAS, Mr. Bob Hill has proposed to perform said services for the sum of $750. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that an expenditure of not to exceed $750 is hereby authorized for the services of Mr. Bob Hill as an independent appraiser and witness in the Aucutt Case, Calif. R-79. Adopted: 6-18-70 1488 Motion was made by Webster and Seconded by Wilson authorizing the adoption of Resolutions No. 2236 and 2237. The motion was carried by the following vote, to wit: Ayes: Webster, Wilson, Wein Gutierrez and Austin Noes: None Abstention: None Absent: None Mr. Gresham reported as follows on the remaining condemnation actions in R-79: Shane -Set for trial June 79, 7970 Phillips -Set for trial July 6, 1970 Rose -Set for trial August 24, 1970 City -September trial Stewart Alley -Not going to be contested. PENNEY MODIFICATION: Mr. Jim Lim, Gruen Associates, was presented to the Members. Mr. Lim stated that the revised plans for the Penney Modification will be ready shortly. Mr. Quinn explained that these changes were requested by the Penney Company in December at the New York Meeting. The Board authorized a Change Order to Gruen Associates Contract for the modification of the plans to accomodate Penney's desires. J. D. Diffenbaugh has proposed a price of $185,000 to accomplish these changes. Mr. Lim stated that he believes this price can be lowered upon review of the situation with Mr. Diffenbaugh. The Members discussed the possibility of waiting on this work until the Griffith Company invites bids for construction of their court immediately adjacent to the proposed Penney Court. The Agency could invite bids jointly with the Griffith Company, requesting separate bids for each. Mr. Wilson stated that he did not understand that there would be a change to the construction contract. It was his understanding that the Change Order to Gruen Associates was all that was necessary. After- much discussion, Mr. Varner stated that the matter is very complex and he would recommend that it be tabled in order that he can have the opportunity to informally meet with the members and explain all the factors involved. Motion was made by Wein and seconded by Webster to table the Penney Modification until a later date. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Wilson, Gutierrez and Austin PJoes: None Abstention: None Absent: None ARROWHEAD ENGINEERING SURVEY CONTRACT: Mr. Quinn requested authorization to increase the upset figure of Arrowhead Engineering's contract by $7,500. The hourly wage rates were discussed. Mr. Wilson requested that copies of the contract be provided each member in order that they can review the wording regarding compensation. Motion was made by Wilson and seconded by Wein to table the matter of increased upset figure to Arrowhead Engineering's contract until the next board meeting. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None 1489 RATIFICATION OF AGENCY ACTION - WEST SIDE REDEVELOPMENT PROJECT: Upon review of the proposed West Side Redevelopment Project and the proposed boundaries, motion was made by Wilson and seconded by Gutierrez ratifying the Agency's action approving the tentative boundaries of the proposed West Side Redevelopment Project. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Gutierrez, Webster and Austin Noes: None Abstention: None Absent: None THIRD STREET INTERCHANGE & RAMP MODIFICATION: The following resolution was introduced: RESOLUTION N0. 2238 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA RECOMMENDING FREEWAY INTERCHANGE AT THIRD STREET PROPERTY AND "HARRISON" FREEWAY WHEREAS, the Redevelopment Agency of the City of San Bernardino is under- taking multi-million dollar improvements for the development of the Meadowbrook and Central City Renewal Projects; and WHEREAS, millions of dollars will be spent by private entities for the development of major regional shopping areas and offices; and .--, WHEREAS, the State of California Highway Commission has adopted a Preliminary Freeway Alignment for the "Harrison" Freeway; and , WHEREAS, the completion of the public and private development requires additional ingress and egress routes for shoppers and employees residing in the populus areas north and each of San Bernardino Valley; and NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California hereby recommends to the State of California Highway Corronission and the Division of Highways that the "Harrison" Freeway be planned with an Interchange provided for the vicinity of Third Street in order to service the new Central City- Meadowbrook Project Developments. BE IT FURTHER RESOLVED that the County of San Bernardino, City of San Bernardino and Officials of Norton Air Force Base be notified and informed of the need for a Third Street Interchange. Adopted: 6-18-70 Motion was made by Webster and seconded by Wilson authorizing the adoption of Resolution No. 2238. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None --~ 1490 EXECUTIVE SESSION: Motion was made by Wilson and seconded by Webster to close the meeting for Executive Session. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None The following resolution was introduced RESOLUTION NO. 2239 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HONORING MR. PAUL G. DESROCHERS WHEREAS, Mr. Paul G. Desrochers was employed by the Redevelopment Agency of the City of San Bernardino, California, as Operations Offiicer on October 28, 1968, which position he held until the effective date of his resignation on July 10, 1970; and WHEREAS, Mr. Paul G. Desrochers has served the Agency in an outstanding manner, and through his basic backgrounds in administering Department of Housing and Urban Development programs has furthered and fostered the aims of the Agency; and WHEREAS, Mr. Paul G. Desrochers greatly assisted the Agency in preparation and submission of Admendatory Applications to the current Loan and Grant Contract in Agency Project No. R-79, said Part I Application having been accepted and approved by the Department of Housing and Urban Development; and WHEREAS, Mr. Paul G. Desrochers, has, on a day-to-day basis since his initial employment, been continuously and actively engaged in delicate and time con- suming negotiations with contractors engaged in demolition, site preparation, and facility construction in this Agency's $100,000,000 Central City Renewal Program; and WHEREAS, through Mr. Paul G. Desrochers untiring efforts on behalf of the Agency, multi-million dollar construction programs have remained on schedule, thereby allowing the Agency to meet all committments to the citizens and admin- istration of the City of San Bernardino, California. fIOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that it express to Mr. Paul G. Desrochers its apprecia- tion and gratitude for his outstanding ability, devotion to duty, and public spirit as a member of the Staff and said Agency; and B[ IT FURTHER RESOLVED that all Agency and Staff Members of the Redevelopment Agency of the City of San Bernardino, California join in mutual good wishes to Mr. Paul G. Desrochers in his new position as Assistant Project Director, Neighborhood Development Program, City of San Diego, California. Adopted: 6-18-70 1491 Motion was made by Webster and seconded of Resolution No. 2239. The rn<~tion was Ayes: Webster, Gutierrez, Wilson, Wein None Absent: None ADJOURNMENT: by Gutierrez authorizing the adoption carried by the following vote, to wit: and Austin Noes: None Abstention: Motion was made by Wilson and seconded by Webster to adjourn the meeting until 5:00 p. m., June 19, 7970. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None 1492 MINUTES OF THE ADJOURNED REGULAR MEETING OF JUNE 18, 1970, HELD JUNE 19, 1970, AT 5:00 P.M., 323 COURT STREET, SAN BERNARDINO, CALIFORPJIA The meeting was called to order at 5:20 p.m. Roll Call showed the following: Agency Members Present: Austin, Wein, Gutierrez and Webster Agency Members Absent: Wilson Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary FINANCING - PARKING STRUCTURES: Mr. Austin reported that the Agency has received a committment for the financing of the parking structures, Central City, from First California Company. First California Company is the 116th largest lending institution out of the 460 firms in the United States. After review and discussion, motion was made by Wein and seconded by Gutierrez authorizing the Chairman, Executive Director, and Legal Counsel, to enter into final negotiations with First California Company for financing for the parking structures in the Central City Project Area. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Webster and Austin Noes: None Abstention: None Absent: Wilson ADJOURNMENT: Motion was made by Webster and seconded by Gutierrez to adjourn the meeting at 5:25 p. m. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: Wilson 1493 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD JULY 2, 1970, 323 COURT STREET, ROOM 305, SAN BERNARDINO, CALIFORNIA The Meeting was called to order at 4:15 p.m. Roll Call showed the following: Agency Members Present: Austin, Wein and Webster Agency Members Absent: Wilson and Gutierrez Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of June 18, 1970 were submitted far approval. Motion was made by Webster and seconded by Wein approving the Minutes of the Regular Meeting of June 18, 1970 as submitted. The motion was carried by the following vote, to wit: Ayes: Webster, Wein and Austin Noes: None Abstention: None Absent: Wilson and Gutierrez ~'A The Minutes of the Adjourned Regular Meeting of June 18, 7970, held June 19, 1970 were submitted for approval. Motion was made by Wein and seconded by Webster approving the minutes as submitted. The motion was carried by the following ..,, vote, to wit: Ayes: Wein, Webster and Austin Noes: None Abstention: None Absent: Wilson and Gutierrez PUBLIC HEARING, OWNER PARTICIPATION AGREEMENT - TRANSCONTINENTAL INVESTMENT COLLEGE PARK AREA: Mr. Austin reported that this is the time and place designated for the Public Hearing on the execution of an Owner Participation Agreement with Transcontinental Investment Company, for the development of two mobile home parks in the College Park Area. He stated that the proposed documents are available for inspection, but that the Public Nearing itself will be continued at a later date. No for- mal decision will be made until this continued hearing is held. Mr. Varner explained that the City and Agency are working together to determine a date and place certain far this hearing. In this way all citizens in the redevelopment area can be notified and have a voice in the hearing. After furl;her discussion, motion was made by Webster and seconded by Wein to con- tinue the Public Hearing, Transcontinental Investment, until a later date. The motion was carried by the fallowing vote, to wit: Ayes: Webster, Wein and Austin Noes: None Abstention: None Absent: Wilson and Gutierrez 4:25 p.m. - Mr. Gutierrez arrived at the meeting. REPORT OF AGENCY COUNSEL: .-.. Mr. Varner stated that the Agency is in receipt of a Summons and Complaint from Jack Booth dba Booth Brothers. He recommended that this matter be 1494 handled by another attorney, because of the time involved and because he him- self would probably be called as a witness in the matter. After further dis- cussion, the following resolution was introduced: RESOLUTION N0. 2240 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO> CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTIVE A CONTRACT FOR EXTRAORDINARY LEGAL SERVICES WITH ALLEN B. GRESHAM, CALIF. R-79 WHEREAS, Mr. Allen B. Gresham is under contract with the Redevelopment Agency of the City ofi San Bernardino to perform legal services in connection with eminent domain proceedings for Project No. Calif. R-79; and WHEREAS, the Redevelopment Agency of the City of San Bernardino has been legally served and is now party to litigation by and between the Redevelop- ment Agency of the City of San Bernardino and Jack Booth, doing business as Booth Bros.; and WHEREAS, such litigation is beyond the scope of the existing contract for legal services by and between the Redevelopment Agency and Mr. Allen B. Gresham; NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino prepare a contract for Extraordinary Legal Services by and between the Agency and Mr. Allen B. Gresham, in order that Mr. Gresham may act as attorney for the Agency in the case of Jack Booth, doing business as Booth Bros., vs. the Redevelopment Agency of the City of San Bernardino, California. BE IT FURTHER RESOLVED that such contract be executed by the Chairman and Secretary upon approval of said contract by the Department of Housing and Urban Development. Adopted: 7-2-70 Motion was made by Webster and seconded by Wein authorizing the adoption of Resolution No. 2240. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: Wilson LANDSCAPE DESIGN, CENTRAL CITY: A memorandum was presented to the Members from Mr. Desrochers regarding the trees used in the landscape design for the Central City area. Said memo advised the members that the Superintendent of City Parks was contacted regarding the trees. His only deviation from the plan was to suggest the Crape Myrtle trees be substituted for Jacaranda trees on the west side of Arrowhead Avenue, between 3rd and 4th Streets. The Superintendent of Streets, stated that his department will be responsible for the cleaning and prunning of the trees and he could see no reason why the design of Lynesch & Reynolds should be altered. 1495 PENNEY'S MODIFICATION: Mr. Austin stated that the matter of construction costs for modification of the mall for the Penney's store has been discussed in depth with Mr. Lim and Mr. Diffenbaugh. He stated that Diffenbaugh 's proposal to per- form the work is almost $25,000 over the engineer's estimate, and it would be his recommendation to issue a stop order to Diffenbaugh's contract for this area of work, and invite bids for said portion of the mall. After much discussion regarding the situation, the following resolution was in- troduced: RESOLUTION NO. 2241 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING STOP ORDER TO CENTRAL CITY MALL WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into a Contract with the J. D. Diffenbaugh Co. for construction of the public mall, Site Preparation Unit No. 2 Contract; and WHEREAS, during the course of construction, a modification has been planned to accommodate the entrance of the J. C. Penney Co.; and WHEREAS, because of the cost involved to perform the modification, it is deemed in the public interest to withhold any additional work in the area of the proposed change at this time. NOW, THEREFORE BE IT RESOLVED that the J. D. Diffenbaugh Co. be hereby notified to suspend construction on both levels of the Mall between Reference Points 14 and 19. BE IT FURTHER RESOLVED that the staff, with the cooperation of the Inspector and Engineer arrange for the manner in which the suspension will be carried out, as well as a credit for the work withheld and an appropriate modification of the Contract time. Said arrangements will be incorporated into a Change Order for the consideration of the Redevelopment Agency Board at a later date. Adopted: July 2, 1970 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2241, authorizing the issuance of a stop order to J. D. Diffenbaugh 's contract, and instructing the Executive Director and Operations Department to negotiate with J. D. Diffenbaugh for a credit on the uncom- pleted work. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Webster and Austin Noes: None Abstention: None Absent: Wilson ARROWHEAD ENGINEERING CONTRACT CHANGE ORDER: Mr. Austin explained that the Change Order to Arrowhead Engineering's con- tract is requested to increase the upset figure of the contract. The hourly rates will be pursuant to the contract. The following resolution was introduced: .~ ~«, 1496 RESOLUTION N0. 2242 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT N0. 5 WITH ARROWHEAD ENGINEERING FOR SURVEY SERVICES, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino entered into a Contract with Arrowhead Engineering for Survey Services for the Central City Project dated the 75th day of November, 1967; and WHEREAS, the Agency executed Contract Amendment No. 1 dated August 6, 1968, Contract Amendment No. 2 dated November 19, 1968, Contract Amendment No. 3 dated May 26, 1969 and Contract Amendment No. 4 dated December 30, 1969; and WHEREAS, it is now the desire of the Agency to enter into Contract Amendment No. 5 for the furnishing of final stakes and grade elevations as well as as-built grading plans for the City Hall, Exhibit Hall and Garage Sites. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be hereby authorized to execute Contract Amendment No. 5 with Arrowhead Engineering for Survey Services Contract at a cost not to exceed Seven Thousand, Five Hundred and no/100 ($7,500.00). CONTRACT LIMIT IS NOW LIMITED TO $52,500.00 Adopted: July 2, 1970 Motion was made by Webster and seconded by Wein authorizing the adoption of Resolution No. 2242. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: Wilson ANNUAL AUDIT, REDEVELOPMENT FUND: Mr. Austin requested authorization to solicit proposals from San Bernardino CPA's for the annual audit of the Redevelopment Fund. He explained that last year the Agency solicited proposals from all San Bernardino CPA's and only received two proposals. Mr. Wein moved that proposals be solicited only from the two firms that submitted proposals last year. Mr. Gutierrez seconded the motion. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Webster and Austin Noes: None Abstention: None Absent: Wilson HARRIS AND FRANK - ALARM SYSTEM: Mr. Quinn advised the Members that Harris and Frank have requested authorization to install a mesh screen around the outside of their premises in the Mini-Mall. The screen will alleviate the problem of the alarm system being set off by the heavy traffic. Mr. Quinn stated that he is sure there is another system that can provide proper service for the building without installing the screen on the outside of the building. The members were advised that Security Bank and Luke and Vondey Jewelers are not having any problems with their alarm systems. Mr. Austin recommended that the request be denied. After further discussion, Mr. 1497 Wein moved that the request of Harris and Frank be denied, and the Executive Director be instructed to direct a letter to them to the effect that no other tenants in the Mini-Mall have been having problems with their systems. The motion was seconded by Gutierrez. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Webster and Austin Noes: None Abstention: None Absent: Wilson GRIGGS-NORWOOD, CHANGE ORDER NO. 2: A memorandum from Mr. Desrochers was presented to the Members for a change order to Griggs-Norwood's contract. Mr. Quinn reported that the second portion of the memorandum has been resolved and the Change Order is now only requested for the removal of unsuitable material and import of special base on the City Hall Site, in the amount of $2,992.50. The following resolution was introduced: RESOLUTION N0. 2243 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARMINO, CALIFORNIA, AUTHORIZING CHANGE ORDER N0. 2, WITH GRIGGS- NORWOOD, SITE PREPARATION UNIT fJO. 12, PHASE I, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, under date of April 24, 7970 entered into contract with Griggs-Norwood, Inc. for Site Preparation Unit 12, Phase I; and - WHEREAS, during the execution of said Contract it has become necessary to perform additional work as follows: Remove unsuitable material and impart special base 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 Change Order No. 2 with Griggs-Norwood, Inc., at a cost not to exceed Two Thousand Nine Hundred Ninety Two and 50/100 ($2,992.50). Adopted: July 2, 1970 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2243. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: Wilson TESTING AND INSPECTION SERVICES, PARKING STRUCTURES: Mr. Quinn requested authorization to solicit proposals for the Testing and Inspection services on the parking structures. Motion was made by Gutierrez and seconded by Wein authorizing the Executive Director to solicite pro- posals for testing and inspection for the parking structures. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Wein, Webster ~~ and Austin NOES: None Abstention: None Absent: Wilson 1498 SOIL PROBLEMS - HENRY HENSCHEL DEVELOPMENT, R-10: Mr. Henry Henschel was presented to the Members. He presented renderings of the proposed development to the Members. Mr. Henschel stated that the soil tests from Pacific Testing found the soil satisfactory, but that FHA has re- quired them to have the soil re compacted over the entire surface, fora cost of approximately $60,369. The greatest cost is for the recompaction of the soil for the high rise building. The remainder of the area will cost approxi- mately $9,500. Mr. Austin stated that perhaps the Agency could consider some kind of compensation for the $9,500 to be incurred, but that the cost for the compaction of the soil for the high rise should have been contemplated by the developer. After much discussion and review, motion was made by Wein and seconded by Gutierrez to table the matter until the next meeting, for a com- plete report from Mr. Henschel. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Webster and Austin Noes: None Abstention: None Absent: Wilson COLOR BROCHURES, R-79: Bids were presented for the purchase of color brochures of the Central City area. The following resolution was introducted: RESOLUTION N0. 2244 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF $335.00 TO INLAND PRINTING AND ENGRAVING, CALIF. R-79 WHEREAS, the Members of the Redevelopment Agency of the City of San Bernardino, California, desire to purchase 5,000, 4 page color brochures of the Central City Project for publicity purposes; and WHEREAS, bids were solicited, the lowest bid being received from Inland Printing and Engraving in the amount of $335.00 NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the expenditure of $335.00 is hereby approved for the purchase of 5,000, 4 page color brochures of the Central City Project from Inland Printing and Engraving. Adopted: July 2, 1970 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2244, authorizing the purchase of 5,000, 4 page color brochures from Inland Printing and Engraving, for an amount of $335.00. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: Wilson SPOT RADIO ANNOUNCEMENTS: Mr. Austin advised that on June 30, 1970 all the present radio spot announcements terminated. The Agency has recommended that a contract be executed with a Public Relations firm who will place the announcements on the radio. Mr. Austin in- structed Mr. Quinn to solicit proposals from public relation firms for review at the next meeting. 1499 OTHER BUSINESS: Mr. Baker, Sun Company, asked how negotiations were going with First California Company for financing of the parking structures. Mr. Varner stated that he is in receipt of a draft agreement from First California Company which he is using as a basis far further negotiations. Mr. Webster stated that he read the open letter in the paper from Mr. Austin to the Mayor, Council and citizens of San Bernardino, and felt that it was very informative. Mr. Austin explained that serious written accusations against the Agency had been handed to the newspaper, and the letter fully answered all of these accusations. Mr. Varner recommended ratification of the Agency Board of the statement and authorization of payment thereof. Motion was made by Gutierrez and seconded by Webster ratifying the public statement made by the Chairman in the Sun Telegram, and authorizing the payment thereof. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Webster, Wein and Austin Noes: None Abstention: None Absent: Wilson ADJOURNMENT: . ,, Motion was made by Webster and seconded by Gutierrez to adjourn the meeting at 5:45 p.m. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: Wilson " " lsoo MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD JULY 16, 1970, 323 COURT STREET, SAN BERNARDINO, CALIFORNIA The meeting was called to order at 4:10 p.m. Roll Call showed the following: Agency Members Present: Austin, Wein, Gutierrez and Webster Agency Members Absent: None Mr. Austin informed the Members that Mr. Quinn and Mr. Varner would be detained for the first portion of the meeting because of urgent business matters. MINUTES: The Minutes of the Regular Meeting of July 2, 1970 were presented to the Members for approval. Motion was made by Webster and seconded by Gutierrez approving the Minutes of the Regular Meeting of July 2, 1970 as submitted. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None EXPENDITURES: The Expenditures for the month of June, 1970 were submitted for approval. After review, motion was made by Gutierrez and seconded by Webster approving the Expenditures for the month of June 1970 as submitted. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Webster, Wein and Austin Noes: None Abstention: None Absent: None PUBLIC HEARING, TRANSCONTINENTAL INVESTMENT - OWNER PARTICIPATION AGREEMENT COLLEGE PARK AREA: Mr. Austin reported that this is the time and place designated far the Public Hearing regarding the proposed Owner Participation Agreement with Transconti- nental Investment Company, for the development of two Mobile Home Parks within the College Park Project Area. He stated that the form of agreement was avail- able for examination. Mr. Bob Curci, Vice President of Transcontinental, pointed out the boundaries of the two proposed mobile home sites. The larger site is west of Little Mountain Drive and will contain approximately 39 acres. This will be an adult park and will not be able to be seen by any homes presently in the area. The other site is east of Little Mountain Drive and contains approximately 24.3 acres. This park will be family orientated and upon completion of the new school just south, this park will not be seen by any homes presently in the area. Their total investment will be approximately E1,000,000. lsot 4:20 p.m. - Mr. Quinn and I4r. Varner arrived at the meeting. Several residents from outside the boundaries of the State College Project itself siateci ti~eir oppositions to the proposed development, as follows: 1. The number of additional children that will be using Blair Park for play area, because of the small play yards in mobile home parks. h1r. Switzer, Civil Engineer for the project, explained that through statistics, a family mobile park of this size would probably only have about 40 children in total. 2. The tax revenue to the City from these mobile homes vs. the tax revenue that would be received if conventional domes were built. ftayor Ballard stated that after careful review, it has been determined that the gross tax revenue from conventional homes is greater, but upon calcula- tion, the net revenue received by the City does not show such a great difference. The City does not have to provide any maintenance in a mobile home area. The City also receives revenue from the State on the license fees received from the mobile homes. 3. The change of zoning in their area. They were especially opposed to com- mercial moving into their area. It was their feeling that the mobile homes would attract commercial developers to the area. ~~ It was explained that there will be no zoning changes. The area proposed for the mobile home parks is already zoned for this use. The area south of this proposed site is already zoned for apartments. There is conmer- cially zoned property within the area, which has been zoned commercial by the General Plan for the area, long before their residential tract was built. 4. The residents were concerned with depreciation of their property because of the mobile home development. Mr. Switzer stated that their property will not depreciate due to the mobile home development. 5. The residents stated that if the City is unable to acquire the property from the State for the golf course, there would be a possibility of more mobile hares on property in this area owned by Transcontinental. Mr. Curci stated that Transcontinental owns land presently zoned for this type of development and some land zoned for commercial within the area. At the present time there are no plans for their development, but he could not state that there would be no commercial ,plans later. Mr. Austin stated that the use proposed by Transcontinental Investment does not deviate from the Master Plan. If the Agency did not have a redevelopment pro- ,~ ject in this area, Transcontinental could develop the land without a Public Hearing. One of the conditions that enabled San Bernardino to have a State 1502 College, was the understanding that the City would develop the land around the College to the best of their ability. Now that the Agency has a redevelopment project in this area, it is our responsibility to see that this land is developed in accordance with our Redevelopment Plan. After further discussion, the Chairman closed the Public Hearing. REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. TRANSCONTINENTAL INVESTMENT COMPANY: The following resolution was introduced: RESOLUTION N0. 2246 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE OWNER PARTICIPATION AGREEMENT WITH TRANSCONTINENTAL INVESTMENT COMPANY FOR STATE COLLEGE PROJECT N0. 4 WHEREAS, the Redevelopment Plan for the State College Project No. 4 of the Redevelopment Agency of the City of San Bernardino, California permits Owner Participation within said project area in compliance with said Plan and the California Health and Safety Code; and WHEREAS, on July 2, 1970 a Public Hearing was held regarding said Owner Participation Agreement; and WHEREAS, the Public Hearing of July 2, 1970 was continued to July 16, 7970; and WHEREAS, at said Hearing comments of property owners outside of the project area were heard and reviewed; and WHEREAS, the Redevelopment Agency of the City of San Bernardino, at said Hear- ing, determined that it desires to execute with Transcontinental Investment Company an Owner Participation Agreement for the improvement, alteration, main- tenance and/or use of the real property described in the hereinafter Owner Participation Agreement, as a mobile home park and related facilities. NOW, THEREFORE, BE IT RESOLVED that the Chairman and Secretary are hereby authorized and directed to execute an Owner Participation Agreement with Transcontinental Investment Company. That certain Owner Participation Agree- ment to be dated July 16, 1970. Adopted: 7-16-70 Motion was made by Webster and seconded by Wein authoeizing the adoption of Resolution No. 2246. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None 1503 Mr. Varner stated that he would like to advise the Board that he is reviewing with the City Attorney, whether a procedural policy should be adopted regarding Public Hearings of this type. It is strictly a technicality, in that the present rules do not spell out the procedure to be taken in matters of this type. REPORT OF BID OPENING, PARKING STRUCTURES: Mr. Austin stated that Mr. Quinn and Mr. Varner were detained at the first portion of this meeting because they were negotiating final details for the financing the Agency needs to award the contract and/or contracts for the construction of the parking structures. Mr. J. R. Norwitz, President of J. R. Norwitz & Co., was presented to the Board, Mr. Varner stated that Mr. Norwitz has submitted a firm offer of $5,000,000 worth of bond anticipation notes and to work with the Agency on a best-efforts basis for the additional funds needed to provide for the local share. If the Agency approves the execution of a contract with J. R. Norwitz & Co., we will be in a position to award the contract for the construction of the park- ing structures. Mr. Varner stated that the Agency cannot make known the exact terms of Mr. Narwitz's bid, because State law requires that a Public Agency solicit bids for financing, which the Agency has not yet done. A resolution authorizing the publication of a Notice Inviting Bids is being prepared by our Bond Counsel, O'Melveny & Myers. This resolution will be ready on Monday, July 20, 1970. Mr. Narwitz's bid is within the limits of the California Law - not to exceed 7k, far terms of 1 to 5 years, with a discount of not over 3 points and a financial consultant fee of not more than 2 points. After further review, the following resolution was introduced: RESOLUTION fJO. 2247 RESOLUTION OF THE REDEVELOPPIENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEG- ETARY TO EXECUTE A CONTRACT FOR FINANCIAL CONSULTANT SER- VICES, AND AGREEMENT FOR UNDERWRITING SERVICES BY AND BETWEEN THE AGENCY AND J. R. NARWITZ & CO. WHEREAS, Pursuant to Ordinance No. 2233 and 2649, respectively, the City of San Bernardino adopted Official Redevelopment Plans far the fieadowbrook Project Area No. 1, Calif. R-10, and the Central City Project No. 1, Calif. R-79; and WHEREAS, Subsequently, the Agency entered into contracts for Loan and Grant with the United States of America providing for financial aid to the Agency Under Title I of the Housing Act of 1949, as amended; and ra, 4lHEREAS, pursuant to said Loan and Grant Contracts, the United States Govern- ment is providing Agency with financial aid for certain of the costs of said Projects, and Agency must provide its own financing for the remaining costs of said Projects; and 1504 WHEREAS, the Agency required the services of a nationally recognized consultant on municipal finance to assist Agency in perfecting a sound and workable plan or plans of finance that will fit the needs of Agency in connection with each of said Projects and in accordance with the provisions of said Loan and Grant Contracts. WHEREAS, the Agency has deemed it advisable to engage the services of J. R. Narwitz & Company to serve the Agency by assisting it to develop financial plans for said Projects and to provide for the sale of Agency's obligations to be issued with respect to the projects in such amounts and at such times as may be required for the orderly consummation of the projects. 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 execute a contract by and between the Agency and J. R. Narwitz & Co., for Financial Consultant Services, and an Underwriting Agreement for the sate of negotiable notes. Adopted: 7-16-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2247. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez, and Austin Noes: None Abstention: None Absent: None The Bids for the Parking structures were reviewed by all Members. Donovan Cohstruction Company submitted a combination bid of $5,730,000, which bid was the low bid. Mr. Varner stated that Donovan's bid was in order. The follow- ing resolution was introduced: RESOLUTION N0. 2248 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO CONTRACT WITH DONOVAN CONSTRUCTION COMPANY FOR SITE PREPARATION UNIT N0. 14 AND SITE PREPA- RATION UNIT N0. 15, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, the Agency has under date of March 21, 1967 entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its Central City Project No. 1, Calif. R-79, under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract, the Agency is undertaking certain activities necessary for the execution of the Central City Project, Calif. R-79; and WHEREAS, the Agency invited competitive sealed bids for the construction of a three level parking structure and a five level parking structure in accordance with the Contract Documents furnished all bidders; and WHEREAS, an Invitation for Bids therefore was duly published in the San Ber- nardino Sun Telegram, a newspaper of general circulation, for four consecutive weeks and an Affidavit showing such publications are on file in this Agency; and 1505 WHEREAS, a number of such bids were received at the time and place specified and said bids were opened and read aloud in public. The lowest qualified bid was offered by the Donovan Construction Company in the amount of Two Million, One Hundred Sixty Three Thousand and no/100 Dollars for Unit 14, Three Level Parking Structure and Three Million, Five Hundred Sixty Seven Thousand and no/100 Dollars for Unit 15, Five Level Parking Structure; and WHEREAS, the Redevelopment Agency of the City of San Bernardino has accepted the bid of Donovan Construction Company. It is in the best interest of this Agency to accept the bid of the Contractor. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that subject to the approval of the Contractor by the Department of Housing and Urban Development, the bid of Donovan Construc- tion Company in the amount of Two Million, One Hundred Sixty Three Thousand and no/100 dollars for Site Preparation Unit No. 14 and Three Million, Five Hundred and Sixty Seven Thousand and no/100 dollars for Site Preparation Unit No. 15, be hereby accepted and the Chairman and Secretary be authorized to execute the Contract for Site Preparation Unit No. 14 and Site Preparation Unit No. 15, Central City Project No. 7, Calif. R-79 on behalf of the Agency. Adopted: 7-16-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2248. The motion was carried by the following vote, to wit: Pyes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None r.~ Absent: None Mr. Austin, Mr. Quinn and Mr. Varner were complimented for all their efforts im,negotiations with Narwitz for the financing needed to award this contract. NAHRO REGIONAL DUES: Mr. Quinn stated that NAHRO Regional Dues are 10% of the National Dues. Our National dues were $1,000. Motion was made by Webster and seconded by Gutierrez authorizing the expenditure of $100 to pay NAHRO Regional dues. The motion was carried by the following vote, to wit: Ayes: WebsteC, Gutierrez Wein and Austin Noes: None Abstention: None Absent: None HENRY HENSCHEL DEVELOPMENT PARCELS 23-32, R-10: Request for Compensation for Soil Problems: Mr. Henschel stated that they have received verbal work from FHA that piles will be required for their high-rise instead of recompaction as previously believed. No written confirmation has been received. Mr. Austin read a letter from CHJ Material Laboratory stating that the soil conditions throughout Reuse Parcels 23-32 are not extraordinary for San Bernardino. Mr. Henschel stated that if excess costs make it impractical to build .., the high-rise, they will not be able to do so. He stated that it is his belief that the Agreement is written in such a way that the development can 1506 be built with or without the high-rise. determined that the Agreement calls for apartments. The Members determined that soil conditions should be tabled until a from FHA regarding the piling. b) Request for Extension of Time: After review of the Agreement, it was both the high-rise and conventional any request for compensation due to letter of confirmation is received Mr. Henschel requested an 18 week extension of time because of all the delays they have experienced in FHA procedures. The Members questioned the number of extensions already granted to this Agreement. Mr. Quinn was instructed to pro- vide a breakdown of the various extensions for the second meeting in August. Motion was made by Wein and seconded by Webster to table the requests for com- pensation for soil conditions and extension of time until the second meeting in August, 1970. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez, and Austin (does: None Abstention: None Absent: None ANNUAL AUDIT, REDEVELOPMENT FUND: Mr. Quinn stated that two bids were received for the Annual Audit of the Redeve- lopment Fund. The lowest was received from Carl J. E. Walsten. The following resolution was introduced: RESOLUTION N0. 2249 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIR- MAN AND SECRETARY TO ENTER INTO CONTRACT WITH CARL J. E. WALSTEN, CPA, FOR ACCOUNTING SERVICES, CALIF. R-10 WHEREAS, the terms of the Meadowbrook Project Bond issue require that within 120 days after the close of each fiscal year a financial statement in reason- able detail covering the Project, certified by an independent certified public accountant be prepared, and supplied to each and any bondholder on request; and WHEREAS, the Agency invited proposals from Certified Public Accountants within the City of San Bernardino; and WHEREAS, proposals were received for said services, and examined at the Regular Meeting of the Agency held July 16, 1970; and WHEREAS, the Members find and determine that the proposal of Carl J. E. Walsten for a lump sum of $600.00 is the most desirable for the Agency and the City of San Bernardino. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the Ctty of San Bernardino, California, that the Chairman and Secretary are hereby authorized and directed to enter into Contract with Carl J. E. Walsten, for accounting 1507 services in connection with an annual audit of the Redevelopment Fund, Calif. R-10, for an amount not to exceed $600.00. Adopted: 7-16-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2249. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez and Austin Noes: None Abstention: Wein Absent: None CHANGE ORDER N0. 1, UNIT N0. 36, PRESCO BLDG MATERIALS: Mr. Quinn explained that this proposed Change Order is really a reinstatement of a previously adopted resolution authorizing this change. The original Change Order was for the demolition of the parking lot where Wells Fargo has pur- chased property. It was felt that this Change Order should be cancelled because of the lack of parking available in the downtown area, and because Wells Fargo was not ready to start at that time. This Change will have a $300.00 credit for the shed removal. After discussion, the following resolution was introduced: RESOLUTION N0. 2250 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN ~°~* AND SECRETARY TO ENTER INTO CHANGE ORDER N0. 1 WITH PRESCO BUILDING MATERIALS, UNIT N0. 36, CENTRAL CITY PROJECT CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into Contract with Presco Building Materials, for Demolition and Site Clearance, Unit No. 36, Calif. R-79, on the 12th day of June, 1970; and WHEREAS, it is the desire of this Agency to enter into Change Order No. 1 for the removal of Block 1, Parcels 4 and 5 and removal of alley between Court and Third Street; and WHEREAS, Presco Building Materials has submitted a bid not to exceed Eight Hundred and Five Dollars for this necessary work. NOW, THEREFORE, BE IT RESOLVED, by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be hereby authorized to execute Change Order No. 1 with Presco Building Materials Unit 36, Calif. R-79 in an amount not to exceed Eight Hundred and Five Dollars and no/100 ($805.00). Adopted: July 16, 1970 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2250. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None 1508 "E" STREET SEWER MODIFICATION: Mr. Quinn explained that Sheet 18 of the plans for sewer work must be revised to fit Unit 11, "E" Street, south from Second to Athol. Sheets 24 and 25 must be completely redesigned and redrawn. This change is necessitated be- cause of the alignment on "E" Street, and the construction of the parking structure in the Civic Center. Arrowhead Engineering has proposed to modify their existing Contract to accommodate these revisions at a cost not to exceed $7,200. The members expressed concern over the cost of this revision. After discussion, motion was made by Wein and seconded by Webster to table this matter until the next meeting, and instructing the Executive Director to obtain another proposal for this service. The motion was carried by the fol- lowing vote, to wit: Ayes: Wein, Webster, Gutierrez, and Austin Noes: None Abstention: None Absent: None CHAMBER OF COMMERCE - INFORMATION KIOSK: Mr. William Green, Chamber of Commerce, was presented to the Members. Mr. Green stated that he would like to propose that the Chamber of Commerce be allowed to erect and man an information kiosk of some kind in the Cultural Center area. A representative from Gruen Associates stated that this would take some review to determine the proper place for such a kiosk, if the Agency desired to allow the kiosk. The Plembers determined that any formal action on the matter would be premature at this time. After discussion, motion was made by Wein and seconded by Webster to consider the request of the Chamber of Commerce for the erection of an information kiosk in the Civic Cultural Center, at the time the physical structure is ready for construction. The motion was carried by the following vote, to wit: I{yes: Wein, Webster, Austin and Gutierrez Noes; None Abstention: None Absent: None RESIGNATION: The resignation letter from Mr. Ray M. Wilson was presented to the Board. h1r. Austin stated that the Agency is preparing a social on Monday, July 20th, at 6:30 p.m. in honor of P1r. Wilson. The following resolution was introduced: RESOLUTION N0. 2245 RESOLUTION OF THE REDEVELOPI+IENT AGENCY OF THE CITY OF SAN BERNARDIPJO, CALIFORNIA, HOPJORING AND EXPRESSING TFIANKS TO MR. RAY 61. WILSON, VICE CHAIRtIAN 4lHEP.EAS, tor. Ray P1. Wilson was appointed to the Redevelopment Agency of the City of San Bernardino, California, on Diay 9, 1966; and WHEREAS, h1r. Ray h1. Wilson, by unanimous vote of his fellow Board Plembers, was elected to the position of Vice Chairman of the Redevelopment Agency of the City of San Bernardino on January 5, 1967, which position he was elected to for four successive terms and which position he held until he announced, on June 22, 1970, his intention to resign from his position as Vice Chairman and P1ember of the Redevelopment Agency; and 15C9 WHEREAS, P1r. Ray P1. Wilson, during his term as Vice Chairman and Member of the Redevelopment Agency of the City of San Bernardino, did, during the period of April through Play 1967 assume the responsible position of Acting Chairman of the Redevelopment Agency of the City of San Bernardino, and did, in a most astute business manner guide the affairs of the Redevelopment Agency of the City of San Bernardino during this most critical period; and WHEREAS, during the period Mr. Ray M. Wilson assumed Chairmanship of the Redevelopment Agency of the City of San Bernardino, the Central City Project Loan and Grant Contract between the Federal Government and the Redevelopment Agency was consummated and the $100,000,000 Central City Project became a reality; and WHEREAS, Mr. Ray M. Wilson through his keen insight into labor and management business practices was, on innumerable occasions, called upon by his fellow Board Members to discuss, arbitrate, and negotiate contractural differences between the Redevelopment Agency and third party contractors; and WHEREAS, Mr. Ray M. Wilson, has given so freely of his time and efforts, often at great expense and disregard of personal circumstances to ensure the success of the City's and the Redevelopment Agency's programs; and WHEREAS, the Members of the Redevelopment Agency and Staff of said Agency desire to express their appreciation and gratitude to Mr. Ray M. Wilson for his tireless efforts and devotion to duty as a Member, Vice Chairman and Acting Chairman of said Agency. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that this expression be given to Mr. Ray M. Wilson of its appreciation and gratitude for his outstanding participation, leadership, and public service as a Member, Vice Chairman, and Acting Chairman of said Agency. Adopted: 7-16-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2245. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein, and Austin Noes: None Abstention: None Absent: None OTHER BUSINESS: A letter from C & J Enterprises, requesting an additional extension to start con- struction on Reuse Parcel 88, R-10, was presented to the Board. A letter from Ken Bussey was also presented to the Members. Mr. Bussey's letter states that he desires to purchase Reuse Parcel 88, and to close escrow as soon as the lot is available, with construction to commence within six months after the close of escrow. After discussion, motion was made by Wein and seconded by Webster to table C & J's request, and any offers to purchase the subject property until the next regular meeting. The motion was carried by the following vote, to wit: ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None r~ 1510 Mr. Quinn was instructed to advise C & J Enterprises of the alternate Offer for Reuse Parcel 88, and request the presence of both firms at the next board meeting. Photograph renderings of the Montgomery Wards Store were shown to all members. Mr. Quinn advised that at the social on Monday for Mr. Wilson, the Agency will present him with the picture in the Executive Director's office. Mr. Webster suggested that a brass inscription be attached to the picture. A71 members agreed. Mr. Wein stated that the City Employees have received a 5% raise, effective July 1st but not payable until December. The Chairman instructed Mr. Wein to review the matter and place it on the Agency for the next Board Meeting. ADJOURNMENT: Motion was made by Webster and seconded by Wein to adjourn the meeting at 7:00 p. m. until Monday, July 20, 1970, at 6:00 p.m. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None 1511 MINUTES OF THE ADJOURNED REGULAR MEETING OF JULY 16, 1970, HELD JULY 20, 1970, 323 COURT STREET, SAN BERNARDINO, CALIFORNIA The Chairman reported that this Adjourned Regular Meeting has been called pursuant to the following notice: 1. NOTICE OF ADJOURNED REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA NOTICE is hereby given that the Regular Meeting held July 16, 1970 has been adjourned until Monday, July 20, 1970, at 6:00 p.m., 323 Court Street, Room 305, San Bernardino, California, the regular meeting place thereof. DATED this 17th day of July, 1970. ~P. W. 9uinn, Jr. P. W. Quinn, Jr. Secretary 2. CERTIFICATE OF SERVICE I, P. W. QUINN, JR., Secretary of the Redevelopment Agency of the City of San Bernardino, California, HEREBY CERTIFY, that on the 17th day of July, 1970, I served a true copy of the foregoing Notice of Adjourned Regular Meeting on each and every member of the Redevelopment Agency of the City of San Bernardino, California, in the following manner: BY UNITED STATES MAIL WITNESS my hand and seal of the Redevelopment Agency, this 17th day of July, 1970. s P. W. uinn Jr. uinn, r. Secretary (SEAL) The Chairman called the meeting to order at 6:05 p.m. Roll Call showed the following: Agency Members Present: Austin, Gutierrez, Wein and Webster Agency Members Absent: None Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary O'MELVENY & MYERS NOTE RESOLUTION: Mr. Varner presented the following resolution: RESOLUTION N0. 2251 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF $10,500,000 NEGOTIABLE PROMISSORY NOTES TO FINANCE A PORTION OF THE COST OF A REDEVELOPMENT PROJECT KNOWN AS CENTRAL CITY NO. 1, AND PROVIDING FOR THE SALE THEREOF 1512 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, is a redevelopment 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 Division 24 of the Health and Safety Code of the State of California) and the powers of such agency include the power to issue notes for any of its corporate purposes; and WHEREAS, a redevelopment plan for a redevelopment project known and designated as "Central City Project No. 1" (hereinafter referred to as the "Project") has been adopted and approved and all requirements of law for, and precedent to, the adoption and approval of said plan have been duly complied with; and WHEREAS, said Agency deems it necessary to issue notes to finance a portion of the cost of such redevelopment; NOW, THEREFORE, the Redevelopment Agency of the City of San Bernardino, California, does hereby RESOLVE, DETERMINE AND ORDER as follows: Section 1. Under and pursuant to said Law and under and pursuant to this resolution negotiable promissory notes of the Agency in the principal amount of $10,500,000 shall be issued by the Agency for the purpose of financing a portion of the cost of the Project and for other purposes related thereto as hereinafter provided. Section 2. The notes shall be and are special obligations of the Agency and are secured by an irrevocable and first pledge of, and are payable as to both principal and interest from that portion of taxes levied upon taxable property in that area of the City of San Bernardino known as "Central City Project Area No. 1" which is allocated to and paid into the Special Fund here- inafter created pursuant to Article 6 of Chapter 6 of said Law and Section 19 of Article XIII of the Constitution of the State of California, as hereinafter provided. Said notes, including the interest thereon, are not a debt of the City of San Bernardino, the State of California or any of its political sub- division and neither said city, said state nor any of its political subdivisions is liable on them, nor in any event shall said notes or interest be payable out of any funds or properties other than those of the Agency as in this resolution set forth. Said notes 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 notes are Liable personally on the notes by reason of their issuance. 1513 The notes shall be and are equally secured by an irrevocable and first pledge of said tax allocations as hereinafter provided. The validity of said notes is not and shall not be dependent upon the completion of the Project or upon the performance by anyone of his obliga- tion relative to the project. Nothing in this resolution shall preclude the payment of said notes at or prior to maturity from the proceeds of refunding bonds or other obliga- tions issued pursuant to law or from any other funds which may be made available for such purposes. Nothing in this resolution shall prevent the Agency from making advances of its own funds howsoever derived to aRy of the uses and purposes mentioned in this resolution. Section 3. The notes shall be in the total principal amount of $10,500,000, shall be designated CENTRAL CITY PROJECT N0. d NEGOTIABLE PROMISSORY NOTES, 1970, shall be dated August 15, 1970, and shall mature on August 15, 1971. The notes shall be issued in denominations of $5,000, or arly multiple thereof, at the option of the purchaser thereof, and shall be numbered consecutively from 7 upwards. Section 4. The notes shall bear interest at a rate to be hereafter fixed by resolution; but not to exceed seven percent (7%) per annum, payable semiannually until the principal thereof has been paid. Section 5. The notes and the interest thereon shall be payable in law- ful money of the United States of America at the office of the Treasurer of the Agency in San Bernardino, California, or at the office of any paying agent of the Agency in Los Angeles or San Francisco, California, at the option of the holder. Section 6. The notes shall be signed on behalf of the Agency by its Chairman and by its Secretary, and the seal of the Agency shall be impressed thereon. Section 7. The right shall be reserved to the Agency to prepay all or any part of the notes on February 15, 1971, in which event the interest due to date on the amount so paid shall be paid along with such payment of principal together with a premium equal to 1% of said principal amount, and interest shall cease on the amount of principal so paid; provided that the Agency shall give written notice of such prepayment to the original purchaser of the notes at least five days prior to the exercise of such right. Section 8. There are hereby created with the Treasurer of the Agency a special trust fund called the Central City Project No. 1 Redevelopment Fund (hereinafter sometimes called the "Redevelopment Fund") and a special trust fund called the Central City Project No. 1 Special Fund (herein some- ^* times called the "Special Fund"). 1514 Until such time as an amount has been set aside sufficient to pay the notes at or prior to maturity, plus unpaid interest and premium, if any, thereon, the moneys in the foregoing funds shall be used for no purpose other than those required or permitted by this resolution and the Law. Section 9. The proceeds from the sale of the notes shall be placed in the Redevelopment Fund, except that the accrued interest and premium, if any, paid by the purchaser of the notes, together with an amount equal to twelve months interest on the notes, shall be placed in the Special fund. The moneys set aside and placed in the Redevelopment Fund shall remain therein except as from time to time expended solely for the purpose of financing a portion of the cost of the Project and other costs related thereto. Moneys in the Redevelopment Fund may be withdrawn therefrom for deposit by the Agency in any project expenditures fund or account required to be main- tained under a contract with the United States of America for financial assistance to the Project but moneys so transferred shall be expended only for purposes for which moneys in the Redevelopment Fund may be expended. If any sum remains in the Redevelopment Fund after the full accomplishment of the objects and purposes for which said notes were issued, said sums shall be placed in the Special Fund. Section 10. As provided in the Redevelopment Plan for Central City Project Area No. 1 pursuant to Article 6 of Chapter 6 of said Law and Section 19 of Article XIII of the Constitution of the State of California, taxes levied upon taxable property in the Project Area each year by or for the benefit of the State of California, any city, county, city and county, district, or other public corporation (hereinafter sometimes called "taxing agencies") after the effective date of the ordinance approving said Redevelopment Plan (being Ordinance No. 2649 of the City of San Bernardino, which ordinance became effective on March 26, 1965) shall be divided as follows: (1) That portion of the taxes which would be produced by the rate upon which the tax is levied eacd year by or for each of said taxing agencies upon the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency last equalized prior to March 26, 1965 (being the effective date of the ordinance above referred to), shall be allocated to and when collected shall be paid into the funds of the respective taxing agencies as taxes by or for said taxing agencies on all other property are paid; and (2) That portion (hereinafter called "Tax Revenues") of said levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into the Special Fund of the Agency. The foregoing provisions of this section are a portion of the provisions of said Article 6 and said Section 19 as applied to this note issue and shall 1515 be interpreted in accordance with said Article 6 and said Section 19, and the further provisions and definition contained in said Article 6 and said Section 19 are hereby incorporated herein by reference and shall apply. The Tax Revenues are hereby pledged in their entirety to the payment of the principal of and interest and premiums, if any, on said notes as in this resolution provided, and until said notes including the interest thereon, have been paid (or until moneys for that purpose have been irrevocably set aside) the Tax Revenues shall be applied solely to the payment of the notes and the interest and premiums thereon, all as in this resolution provided. Such pledge is for the exclusive benefit of the holders of said notes and shall be irrevocable. Section 11. The notes shall be issued as payable to bearer, shall be issued in negotiable form and shall be negotiable, and shall have coupons attached thereto representing the interest payable thereon. The form of said notes and coupons shall be substantially as follows: (Bond Form) UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CENTRAL CITY PROJECT NO. 1 NEGOTIABLE PROMISSORY NOTES, 7970 The REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (hereinafter sometimes called the Agency), a public body corporate and politic, duly organized and existing under the laws of the State of California, for value received, hereby promises to pay (but solely from the funds hereinafter mentioned) to the bearer on August 15, 1971, (subject to the right of prepayment as hereinafter stated), upon presentation and surrender of this note, the sum of TEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($10,500,000) with interest thereon (payable solely from said funds) from the date hereof at the rate of _% per annum, payable semiannually. Both principal and interest are payable in lawful money of the United States of America at the office of the Treasurer of the Agency in San Bernardino, California, or at the office of any paying agent of the Agency in Los Angeles or San Francisco, California, at the option of the holder. This note, including the interest thereon, is not a debt of the City of San Bernardino, the State of California or any of its political subdivisions and neither said city, said state nor any of its political subdivisions is liable thereon, nor in any event shall this note or said interest be payable out of any funds or properties other than the funds of the Agency hereinafter mentioned. This note does not constitute an indebtedness within the meaning of any 1516 constitutional or statutory debt limitation or restriction. Neither the members of the Agency nor any persons executing this note are liable personally on this note by reason of its issuance. This note has been issued pursuant to and in full conformity with the Constitution and laws of the State of California, and particularly the Community Redevelopment Law (being Part 7 of Divi- sion 24 of the Health and Safety Code of the State of California) for the purpose of financing a portion of the cost of the redevelop- ment project above designated and is authorized by and issued pursuant to Resolution No. 2251 (hereinafter called "said resolution") adopted by the Agency on July 20, 1970. The principal of this note and the interest thereon are secured by an irrevocable and first pledge of, and are payable solely from, the Tax Revenues (as such term is defined in said resolution, all as more particularly set forth in said resolution. The right is reserved to the Agency to pay all or any part of this on February 15, 1971, in which event the interest due to date on the amount so paid shall be paid along with such payment of principal together with a premium equal to 7% of said principal amount, and interest shall cease on the amount of principal so paid; provided that the Agency shall give written notice of such prepayment to the original purchaser of this note at least five days prior to the exercise of such right. This note is a negotiable instrument and shall be negotiable by delivery. It is hereby recited, certified and declared that any and all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this note exist, have happened and have been performed in due time, form and manner as required by the Constitution and statutes of the State of California. IN WITNESS WHEREOF, the Redevelopment Agency of the City of San Bernardino has caused this note to be signed on its behalf by its Chairman and by its Secretary and the seal of said Agency to be impressed hereon, and this note to be dated the 15th day of August, 1970. s/A. M. Austin C airman of t e e eve opment Agency of the City of San Bernardino (SEAL) s/P. W. Quinn, Jr. ~ecre~ Sai gen~- 1517 (COUPON FORM) COUPON N0. On the first day of 79 the REDEVELOPMENT AGENCY bF-TAE Cf7~aF SA BE1V IAN 6Y (lN - will pay to bearer at the office of the treas- urer of the Agency in San Bernardino, Califor- nia, or at the office of any paying agent of the Agency in Los Angeles or San Francisco, California, at the option of the holder, solely out of the funds mentioned in the note to which this coupon is attached, the sum of $ in lawful money of the United States of America being the semiannual interest then due on its CENTRAL CITY PROJECT N0. 7 NEGO- TIABLE PROMISSORY NOTE, 1970, No. dated August 15, 1970, subject to the provisions on the reverse hereof. s/P. W. Quinn, Jr. Secretary o t e eve opment Agency of the City of San Bernardino. On the reverse side of the coupon there shall be printed substantially the following: (REVERSE OF COUPON) If the note to which this coupon is attached is redeemable and is duly called for redemption on a date prior to the matu- rity date of this coupon, this coupon will be void. Section 12. Sealed bids or proposals for the purchase of the notes hereby authorized shall be received up to 10:00 o'clock A.M. on July 29, 1970, at the meeting place of the Agency. The terms of sale of the notes are as follows: TERMS OF SALE Award: The notes shall be sold for cash only. Each bid shalt state the puree price, which shall be not less than 97% of par, and the interest rate or rates, not to exceed seven percent (7%) per annum, at which the bidder offers to buy the notes in accordance with the terms of this resolu- tion. All or Part: Bids may be for all or part of the notes, provided that to the extent permitted by law, preference will be given to bids offering to purchase the largest principal amount of notes, and provided further that no bid for less than $50,000 principal amount will be accepted. 1518 Denominations: The notes will be issued in such denomination or denominations as tTie purchaser designates in the bid, provided that such denomination shall be $5,000 or a multiple thereof. Highest Bidder: The notes will be awarded to the highest responsible bidder or bites considering the interest rate or rates specified and the premium or discount, if any. The highest bid will be determined by deducting the amount of the premium bid (if any) from, or adding the amount of the dis- count (if any) to, the total amount of interest which the Agency would be re- quired to pay from the date of the notes to the maturity date thereof at the rate or rates specified in the bid, and the award will be made on the basis of the lowest net interest cost to the Agency. Any purchaser must pay accrued interest from the date of the notes to the date of delivery computed on a 360-day year basis. Ri ht of Re'ection: The Agency reserves the right, in its discretion, to reject any an a ids and, to the extent not prohibited by law, to waive any irregularity or informality in any bid. Prompt Award: The Agency will take action awarding all or any part of the notes or rejecting all bids not later than twenty-six (26) hours after the expiration of the time herein prescribed for the receipt of proposals; provided, that the award may be made after the expiration of the specified time if the bidder shall not have given to the Agency notice in writing of the withdrawal of such proposal. Time and Place of Deliver Delivery of the notes will be made to the success u i er on ugust 970, or as soon thereafter as possible, at the office of the Treasurer of the Agency in San Bernardino, California, or at such other place as may be agreed upon by said Treasurer and the successful bidder or bidders. Form of Bid: Each bid must be in a sealed envelope addressed to the Agency witi~ti~e envelope and bid clearly marked, "Proposal for Negotiable Promissory Notes, 1970." Bid Check: No bid check need accompany the proposal. Change~in_ Tax~Exem t Status: At any time before the notes are tendered for delivery the successfu bi er may disaffirm and withdraw the proposal if the interest received by private holders from notes of the same type and character shall be declared to be taxable income under present federal incase tax laws, either by a ruling of the Internal Revenue Service or by a decision of any federal court, or shall be declared taxable by the terms of any federal income tax law enacted subsequent to the date of this notice. Leal 0 ini-on: The unqualified opinion of O'Melveny & Myers, attorneys, approv ng ti he val idity of the notes will be furnished the successful bidder without cost to the bidder. No Liti ation Certificate: At the time of payment for and delivery of the no es, tie gency wi urnish the successful bidder a certificate that there is no litigation pending affecting the validity of the notes. 1519 Section 13. The Secretary of the Agency is hereby authorized and directed to publish a notice inviting bids together with this resolution once in the Evening Telegram, a newspaper of general circulation published in the City of San Bernardino, such publication to be at least seven (7) days prior to the date of receiving bids. Section 14. The Secretary is further authorized and directed to cause to be furnished to prospective bidders copies of said notice inviting bids together with a copy of this resolution, but failure in whole or in part to comply with this section shall not in aRy manner affect the validity of the sale. Section 15. This resolution shall take effect upon adoption. ADOPTED AND APPROVED this 20th day of July, 7970. s/A. M. Austin aim-tFie lade eveTopment Agency of the City of San Bernardino, California A. M. Austin I hereby certify that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of San Bernardino at an adjourned regular meeting thereof held the 20th day of July, 1970, by the follow- ing roll call vote: AYES: Members: Austin, Gutierrez, Wein and Webster NOES: Members: None ABSENT: Members: None s/P. W. Quinn, Jr. Secretary of Said genc~ y P. W. Quinn, Jr. Mr. Varner explained that this resolution has been approved and prepared by O'Melveny and Myers, our Bond Counsel. The resolution itself authorizes the publication of a Notice Inviting Bids. Publication date will be July 22, 1970, and the bids will be opened at 10:00 a.m. (PDST), July 29, 1970. He further stated that the terms of sale as set forth in the resolution are in accordance with California Law. 1520 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2251. The motion was carried by the following vote, to wit: - Ayes: Austin, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: None HORNBLOWER & WEEKS, HEMPHILL, NOYES: Mr. Varner stated that Mr. Bill Lippman, Municipal Bond Department of Hornblower & Weeks, appeared before the Board at an Executive Session on April 2, 1970 regarding the proposed financing of the Agency's local share. On April 3, 1970 he presented a proposal for financing. At the May 7th Board Meeting the Members found this proposal unsatisfactory, and advised Mr. Lippman by letter dated May 8th of the Board's determination. On April 2nd Mr. Lippman met with the Board, Mayor Ballard and Jerry Winstead regarding the financing. Mr. Lippman verbally offered, at this meeting, to terminate the existing contract, if the Agency could find other means of financing more satisfactory. Mr. Varner stated that based on the foregoing he would recommend that the Contract with Hornblower & Weeks, Hemphill, Noyes be cancelled based on Mr. Lippn~ns offer, in that the Agency has found satisfactory financing from an alternate source. After further discussion, the following resolution was introduced: RESOLUTION N0. 2252 RESOLUTION Of THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, TERMINATING THE FINANCIAL CONSUL- TANT SERVICES BETWEEN THE AGENCY AND HORNBLOWER & WEEKS, HEMPHILL-NOYES WHEREAS, the Redevelopment Agency of the City of San Bernardino and Hornblower & Weeks, Hemphill-Noyes, on the 19th day of April 1968, entered into a Contract for financial consulting services; and WHEREAS, at an Agency Executive Meeting on April 2, 1970, Mr. William D. Lippman, a representative of Hornblower & Weeks, Hemphill-Noyes, presented a proposal for financing the local share of the Agency's Central City Project: and WHEREAS, the Agency Members, at the Executive Session of April 2,1970, indi- cated that the proposed financing schedule as presented was unsatisfactory; and WHEREAS, Mr. William D. Lippman, representative of Hornblower & Weeks, Hemphill Noyes, at the Executive Session of April 2, 1970, verbally offered to terminate the contract between the Agency and Hornblower & Weeks, Hemphill-Noyes; and WHEREAS, the Agency now desires to seek other sources and/or means of funding the Agency's local share. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San 1521 Bernardino, California, that the verbal offer of Mr. William D. Lippman, a representative of Hornblower & Weeks, Hemphill-Noyes is hereby accepted and said contract is mutually terminated effective July 20, 1970. Adopted: 7-20-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2252, cancelling contract with Hornblower & Weeks, Hemphill Noyes, based on Mr. Lippman's verbal offer to cancel the contract if the Agency could obtain another means of financing more satisfactory. The motion was carried by the following vote, to wit: ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None OTHER BUSINESS: Mr. Austin stated that the Agency has invited Mr. Wilson to join them after the meeting as guest of honor. At this social Mr. Wilson will be presented with his resolution, picture, and promised a clipping scrap book. Mr. Wilson will have the choice of either taking the scrap book now, or .at the completion of the Central City Project. ADJOURNMENT: Motion was made by Webster and seconded by Gutierrez to adjourn this meeting until 4:00 p.m., July 29, 1970, in order that bids received for the Notes may be reviewed. The motion was carried by the following vote, to wit: Dyes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None 1522 MINUTES OF THE ADJOURNED REGULAR MEETING OF 3ULY 16, 7970, HELD JULY 29, 1970, 323 COURT STREET, SAN BERNARDINO, CALIFORNIA, 4:00 P.M. The Chairman reported that this Adjourned Regular Meeting was duly posted in accordance with the law. Said Notice is as follows: NOTICE OF ADJOURNED REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA NOTICE is hereby given that the Regular Meeting of July 16, 7970, has been adjourned until Wednesday, July 29, 1970, at 4:00 p.m., 323 Court Street, Room 305, San Bernardino, California, the regular meeting place thereof. DATED this 21st day of July, 1970. s/P. W. l~uinn, Jr. P. W, utnn, Jr. Secretary The Chairman called the meeting to order at 4:05 p.m. Roll Call showed the following: Agency Members Present: Austin, Webster, Gutierrez and Wein Agency Members Absent: None Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary REPORT OF AGENCY COUNSEL: Mr. Varner stated that his comments will be directed to Item 1 on the Agenda, the Resolution awarding the Promissory Notes. RESOLUTION AWARDING PROMISSORY NOTES: Mr. Varner stated that at 10:00 a.m. (PDST) this morning, bids were opened on the $10,500,000 negotiable promissory notes for the financing of a portion of the Central City Project. One bid was received by the Agency. The bid was from J. R. Narwitz & Co., agent for Miller and Schroeder, Inc., as follows: a. Three million three hundred thousand dollars ($3,300,000) one-year notes, said notes to bear interest at the rate of seven percent (7%) per annum and a discount of three (3) points. Net proceeds to be paid to the Redevelopment Agency on or about August 16, 1970. In addition to the above amount we will pay accrued interest from the date of the note to the date of its delivery. 1523 b. Two million two hundred thousand dollars ($2,200,000) one-year notes, said notes to bear interest at the rate of seven percent (7%) per annum and a discount of three (3) points. Net proceeds to be paid to the Redevelopment Agency on or before September 16, 1970. In addition to the above amount we will pay accrued interest from the date of the note to the date of its delivery. c. An option on five million dollars ($5,000,000) of said notes as follows: Five million dollars ($5,000,000) one-year notes, said notes to bear interest at the rate of seven percent (7%) per annum and a discount of three (3) points. Said option may be exercised by written notice to the Agency given on or before January 1, 1971, and must be exercised in increments of one million dollars ($1,000,000) or more, net proceeds to be paid to the Redevelopment Agency on or before January 1, 1971. It is expressly understood that this option or the granting thereof is not contingent upon either of the bids or the award thereof set forth in paragraphs a and b hereof. d. The denomination of each of the one-year notes set forth in paragraphs a, band c hereof shall be five thousand dollars ($5,000). In all other respects each of said notes shall be in accordance with the provisions of Resolution No. 2251 of the Redevelopment Agency of the City of San Ber- nardino adopted on July 20, 1970. Mr. Varner stated that another bid was received by the Agency after the 70:00 a.m. (PDST) designated time. The telegraph office in San Bernardino received the telegram at 10:17 a.m., and it was telephoned into the Agency at 10:35 a.m., as follows: "Have client interested in making loan to San Bernardino Redevelopment Agency in the amount of 10~ million, for one (7) year, at 7% interest with a 3% Discount and a financial consultant fee of 2% of face amount of loan with the understanding that this is a Federal Government HUD backed project. Time is of the essence. Request prompt reply. E. M. Snowden Retired Rear Admiral U.S.N. President - Snowden & Co., Inc San Francisco Mr. Varner stated that the telegram did not meet the time specifications as stated in the Invitation to Bid. He further stated that in his opinion the telegram as written does not constitute a firm bid. The Agency has received a firm bid from the J. R. Narwitz & Co., agent for .-.. Miller and Schroeder, Inc., for $5,500,000, and a commitment to negotiate for the remaining $5,000,000 on a best effort basis. 1524 Mr. Norwitz was presented to the Board. He stated that he is now prepared to give the Agency a commitment for the remaining $5,000,000 at 7% per annum, with .. a 3 points discount, in $1,000,000 increments, net proceeds to be delivered to the Agency on or before January 1, 1971. Mr. Austin stated that he is very gratified to have an organization from outside of the area, having so much confidence in our project. Mayor Ballard thanked Mr. Norwitz for his faith in the City. The following resolutions were introduced: RESOLUTION N0. 2253 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AWARDING NOTES OF SAID AGENCY AND REJECTING ALL OTHER BIDS WHEREAS, at the time and place fixed for the opening of bids for the $5,000,000 of the $10,500,000 notes of the Redevelopment Agency of the Cfty of San Bernar- dino, California, designated "Central City Project No. 1 Negotiable Promissory Notes, 1970," all bids were publicly opened, examined and read, and a tabulation thereof has been entered in the minutes; NOW, THEREFORE, the Redevelopment Agency of the City of San Bernardino, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 7. The bid(s) or portion thereof set forth below is (are) the bid(s) for said notes yielding the lowest net interest cost. Said bid(s) is (are) hereby approved for award and the notes awarded in the amounts) as follows: Bidder: J. R. Norwitz & Co., Agent for Miller and Schroeder, Inc. Amount of Notes Bid For: $3,300,000 Less Three Percent (3%) Discounts. Purchase Price: $3,201,000 Plus Accrued Interest to Date of Delivery (8-76-70) Interest Rate: Seven Percent (7%) Per Annum Number of Notes; 660 Denominations: $5,000 Approved for Award: July 29, 1970 Bidder: J. R. Norwitz & Co., Agent for Miller and Schroeder, Inc. Amount of Notes: $2,200,000 Less Three Percent (3%) Discount Purchase Price: $2,134,000 Plus Accrued Interest to Date of Delivery (9_16-70) 1525 Interest Rate: Seven Percent (7%) Per Annum Number of Notes: 440 Denominations: $5,000 Approved for Award: July 29, 1970 Bidder: J. R. Narwitz & Co., Agent for Miller and Schroeder, Inc. Amount of Notes: $5,000,000 (Best Efforts) Less a Discount Not to Exceed Three Percent (3%) Purchase Price: $4,850,000 Plus Accrued Interest to Date of Delivery (1-1-71) Interest Rate: Not to Exceed Seven Percent (7%) Per Annum Number of Notes: 1,000 Denominations: $5,000 Approved for Award: July 29, 1970 See Exhibit "A" Attached hereto and made a part hereof. Section 2. All bids other than the bid(s) accepted in Section 1 hereof are rejected and the Secretary is directed to so advise the respective bidders. Section 3. The interest rate(s) on said notes is (are) hereby fixed at the rate(s) stated in Section 7 hereof. Section 4. The Treasurer is hereby directed to deliver said notes to the successful bidder(s) upon payment therefor and accrued interest, if any, to date of delivery. ADOPTED AND APPROVED this 29th day of July, 1970. s/A.M. Austin Chairman of the Re eve opment Agency of the City of San Bernardino California A. M. Austin I hereby certify that the foregoing resolution was duly adopted by the Redevelopoent Agency of the City of San Bernardino at an adjourned regular meeting thereof held on the 29th day of July, 1970, by the following roll call vote: 1526 AYES: Members: Webster, Gutierrez, Wein & Austin NOES: Members: None ABSENT: Members: None s/P. W. Quinn, Jr. Secretary ~` sai gency P. W. Quinn, Jr. TABULATION OF BIDS July 29, 1970, 10:00 a.m. (PDST) 323 Court Street, Room 305 San Bernardino, California PROMISSORY NOTES FINANCING PORTION OF CENTRAL CITY PROJECT P. W. Quinn, Jr., Executive Director and Treasurer, presiding. Mr. Quinn reported that this is the time and place designated for the opening of bids for the financing of a portion of the Central City Project. One bid has been received by the Agency for said financing, as follows: J. R. Narwitz & Co., Agency for Miller and Schroeder, Inc. 2717 Cottage Way Sacramento, California 95825 (a) $3,300,000 1 Year Payable 7% Per Annum 3 Points Discount Net Proceeds to the Agency on or before August 16, 7970 (b) $2,200,000 1 Year Payable 7% Per Annum 3 Points Discount Net Proceeds to the Agency on or before September 16, 1970 (c) An option on $5,000,000 of said notes as follows: $5,000,000, one year notes, said notes to bear interest of 7% per annum, and a discount of three points. Said option may be exercised by written notice to the Agency, given on or before January 1, 1971, and must be exercised in increments of $1,000,000 or more, net proceeds to be paid to the Redevelopment Agency on or before January 1, 1971. 1527 It is expressly understood that this option or the granting thereof is not contingent upon either of the bids or the award thereof set forth in paragraphs (a) and (b) hereof. (d) The denomination of each of the one year notes set forth in paragraphs (a) (b) and (c) hereof shall be $5,000. In all other respects each of said notes shall be in accordance with the provisions of Resolution No. 2251 of the Redevelopment Agency of the City of San Bernardino, adopted on July 20, 1970. EXHIBIT "A" A71 of the above callable within six months. Mr. Hal Smith reported that another bid from a San Francisco firm has been sent but has not yet been received by the telegraph office in San Bernardino, for $10,500,000, 7% Per Annum, and 3 Points Discount. Mr. Varner stated that if this bid is received the time it was sent from San Francisco will be checked; however, the Bid Proposal stated that bids must be received in the office of the Redevelopment Agency on/or before 10:00 a.m. (PDST) and since this bid has not yet been received by the Agency, it must be rejected. The Secretary, P. W. Quinn, Jr., closed the Bid Opening at 10:15 a.m. (PDST). Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2253. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Webster and Austin Noes: None Abstention: None Absent: None RESOLUTION N0. 2254 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, ACCEPTING A FIRM COMMITMENT FOR $5,000,000 PROMISSORY NOTES AND AWARDING SAID NOTES TO THE J. R. NARWITZ & COMPANY, AGENT FOR MILLER & SCHROEDER, INC. WHEREAS, pursuant to Resolution No. 2251, at the time and place fixed for the opening of bids for the $10,500,000 Negotiable Promissory. Notes of the Redevelop- ment Agency of the City of San Bernardino, California, designated "Central City Project No. 1, Negotiable Promissory Notes, 1970, all bids were publicly opened, examined and read, and a tabulation thereof has been entered in the minutes; and WHEREAS, the Agency did at the bid opening specified above, receive from J. R. Norwitz & Co., agent for Miller and Schroeder, Inc., a bid for $5,500,000 of the Agency's Negotiable Promissory Notes of 1970, end an option to purchase an additional $5,000,000 of the Agency's Negotiable Promissory Notes of 1970, copy of which bid is attached hereto as Exhibit "A"; and 1528 WHEREAS, by its Resolution No. 2253, the Agency awarded said bid to J. R. Narwitz & Co., agent for Miller & Schroeder, Inc; and WHEREAS, J. R. Narwitz & Co., agent for Miller and Schroeder, Inc., attempted to exercise said option on July 29, 1970, at 4:00 p.m., at a Regular Adjourned Meeting of the Agency; and WHEREAS, the Agency did not consider said option to be, in the technical sense, a bid, but is desirous of accepting the offer from J. R. Narwitz, agent for Miller and Schroeder, Inc., to purchase $5,000,000 of its Promissory Notes of 1970, said $5,000,000 being a portion of the Agency's $10,500,000 Promissory Notes of 1970. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that it hereby does accept the offer and commitment of J. R. Narwitz & Co., agent for Miller and Schroeder, Inc., to purchase $5,000,000 of its Promissory Notes of 1970, said $5,000,000 being a portion of the Agency's $10,500,000 Promissory Notes of 1970 authorized to be sold by Agency Resolution No. 2257. BE IT FURTHER RESOLVED that such acceptance is subject to the opinion of Agency's Bond Counsel, O'Melveny and Myers, that said offer and acceptance is valid and proper under applicable California Law. RESOLVED FURTHER that in the event O'Melveny and Myers does not approve the validity of such offer and acceptance, the acceptance of said offer by Agency shall be of no force and effect, and the Agency shall then take all necessary steps under applicable California Law to re-advertise and publish notice in- viting public bids for public sale of said notes in the amount of $5,000,000 and shall adopt required resolutions and take all necessary steps required for such public sale. RESOLVED FURTHER that the Executive Director is hereby directed to transmit a copy of these resolutions to J. R. Narwitz & Co., agent for Miller and Schroeder, Inc. Adopted: July 29, 1970 Motion was made by Webster and seconded by Wein authorizing the adoption of Resolution No. 2254. The motion was carried by the following vote, to wit: ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None ADJOURNMENT: Motion was made by Webster and seconded by Gutierrez to adjourn the meeting at 4:30 p.m. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent:-ttone ~ _ _ ~ ' %i0id>iii ~G / 1529 ~ . 12: YET xi R 6 i%%'1` Z &r; C ® . I N V E S T M E N T S E C U R I T I E S 1s`<,r:'Si':;loi.i/i~.~: ~''., . `JC~~ i;i'arilbf Of r, ,, S !!--.. ~.. i{i J .tdJ ` i, .1 1,... `J _ ~ ~, ~:. 5, :~(.', ~.. t, LIV I c.i .,.. .. :. (/4lJ .. _ ~?j ~l ~.,1 i~~ l~l 4 v ~ . I ~F ~C~.... i..._biv• l ~~~It~ dVd ~J -1 Ta " ~ i pia . ., ~/,~. (.. __.. t. (j. ._ ~_.. . . .- J e.. v~f., " a 1,.. i tr ,._ i . u _ i ~, ,1 .. ._ / _.. ~; -., ~ - ~JV ~. Lv t . -. / y: ~ ,..~ C i1., y.,'~„ ..,, _ JiB.: cf i ~ e;i E s -'> 3S X t ~ 1 ! ,, ._' Gj q t . i ,. ~ . . .. r o -`J d t ~ ,,,, . EXHIBIT "A" 2717 COTTAGE L'IAY SACRAA)ENTO, CALIFORNIA 9=525 TEIE°HO4E (C76) 431-0000 M E M B E R. N A T I O N A L. A 5 6 0 C I A T l O N O F 9 E C U R I T I E 5 O C A L E R S~ I N C, 1530 a~4 Zb~ S~i~~ C. A?2 O~ '`-?i: O: ft ;Fit ld. .: d-~t'Z">YS (;~'J, COD, G~JOf of S,'£H': ^'".S L'^. fodeo.c~s: Zr ~e ~;iid~ ~ c to 'F'LiY2 .u ,bi:,. ~Ii (~:?.-, (', ~, r 1L. .~J OL'GJ c c''12'~O,.a -3~rr ~)c ."e'~G r *,~i.a, g~. i :a (~.~;) ('7c/i. ;~~_.^ ~ _.,. C i~ 6', Cd: +' ..t C~ t ' i'i ~~~ ', .BLS. ~ ~ O,` . .";j~ j C ".7".^... n J I.y 29 dL'~ .. }2~t1--C' i0 ~' t'~'3;CC~7 ~ C ~ G( . : ~t/ t ~~'~. ~ ~ ~ ~ ._._. . i _. _. . y . ~ . .. ~ , . J ~/` (~. 1 ~. ... , .. ...., ~~ ,., .. . .. .. r...._ .. ..... .. GC-, _ f~,. ., . .., n ,~ ., _,.. , . ._ ~ _ _ _ .• ~ , A $':,I ,. -: is ._ i.'"_., ~ 7..~~t: 1' ., 1j i . _ - ~., <, ~') ., c9 ~: 6:' ~'~ . . . 1 { _ _ t: ! ~ 1 _ . 2+1Y' . .'~ " r"' ~;'J ' d ~ ~ 1 t' , ~ i': _-}' ~~~;' ( ' C, . U . ,. .._. . ,/... r o j _ _ ...., ,~ .. a a_, , 1531 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT - ~. AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA HELD AUGUST 6,1970, 323 COURT STREET, SAN BERNARDINO, CALIFORNIA The Meeting was called to order at 4:00 p.m. Roil Call showed the following: Agency Members Present: Austin, Wein, Webster and Gutierrez Agency Members Absent: None Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Barter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of July 16, 1970 were submitted for approval. Motion was made by Webster and seconded by Gutierrez approving the Minutes of the Regular Meeting of July 16, 1970 as submitted. The motion was carried by the following vote, to wit: ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None The Minutes of the Adjourned Regular Meeting of July 16, 1970, held July 20, 1970 were submitted for approval. Motion was made by Webster and seconded by Gutierrez approving the Minutes as submitted. The motion was carried by the ' following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None The Minutes of the Adjourned Regular Meeting of July 16, 1970, held July 29, 1970 were submitted for approval. Motion was made by Wein and seconded by Webster approving the minutes as submitted. The motion was carried by the following vote, to wit: ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. RESOLUTION PROVIDING FOR SALE OF $5,000,000 NEGOTIABLE PROMISSORY NOTES: Mr. Varner stated that pursuant to Resolution No. 2251, the Agency advertised for the sale of $10,500,000.Negotiable Promissory Notes. We received a firm commitment for $5,500,000 and an option for $5,000,000 from J. R. Narwitz & Co., Agents for Miller and Schroeder, Inc. The law requires that the Agency publicly sell the additional $5,000,000. The following resolution authorizes the Agency to advertise and receive bids for the purchase of the $5,000,000 unsold balance: 1532 RESOLUTION N0. 2255 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, PROVIDING FOR THE SALE OF $5,000,000 NEGOTIABLE PROMISSORY NOTES AUTHORIZED BY RESOLUTION N0. 2251 WHEREAS, of $70,500,000 notes authorized by Resolution No. 2251, $5,500,000 were sold on July 29, 1970 and it is now necessary to sell the balance of $5,000,000 of said notes; NOW, THEREFORE, the Redevelopment Agency of the City of San Bernardino, Calif- ornia, does hereby RESOLVE, DETERMINE AND ORDER as follows: Section 1. Sealed bids or proposals for the purchase of the $5,000,000 unsold balance of the notes authorized by Resolution No. 2251 shall be re- ceived up to 10:00 o'clock A.M. on August 14, 1970, at the meeting place of the Agency. The terms of sale of the notes are as follows: TERMS OF SALE Awerd: The notes shall be sold for cash only. Each bid shall state the purcT-lase price, which shall be not less than 97% of par, and the interest rate or rates, not to exceed seven percent (7%) per annum, at which the bidder offers to buy the notes in accordance with the terms of this resolution. All or Part: Bids may be for all or part of the notes, provided .that to the extent permitted by law preference will be given to bids offering to pur- chase the largest principal amount of notes, and provided, further, that no bid for less than $50,000 principal amount will be accepted. The Agency re- serves the right to award to aRy bidder all or any part of the notes which such bidder offers to purchase, upon the basis of such bid. Denominations: The notes will be issued in such denomination or denomina- tions as- ti-fe purchaser designates in the bid, provided that such denomination shall be $5,000 or a multiple thereof. Hi~h_est Bidder: The notes will be awarded to the highest responsible bidder or bidders considering the interest rate or rates specified and the premium or discount, if any. The highest bid will be determined by deducting the amount of the premium bid (if any) from, or adding the amount of the dis- count (if arty) to, the total amount of interest which the Agency would be required to pay from the date of the notes to the maturity date thereof at the rate or rates specified in the bid, and the award will be made on the basis of the lowest net interest cost to the Agency. Any purchaser must pay accrued interest from the date of the notes to the date of delivery computed on a 360-day year basis. Right of Re'ection: The Agency reserves the right, in its discretion, to reject any an a i s and, to the extent not prohibited by law, to waive aqy irregularity or informality in any bid. 1533 Prompt Award: The Agency will take action awarding all or any part of the notes or rejecting all bids not later than twenty-six (26) hours after the expiration of the time herein prescribed for the receipt of proposals; provided, that the award may be made after the expiration of the specified time if the bidder shall not have given to the Agency notice in writing of the withdrawal of such proposal. Time and Place of Deliver Delivery of the notes will be made to the success u i er on ugust 1970, or as soon thereafter as possible, at the office of the Treasurer of the Agency in San Bernardino, California, or at such other place as may be agreed upon by said Treasurer and the success- ful bidder or bidders. Form of Bid: Each bid must be in a sealed envelope addressed to the Agency wit~i the envelope and bid clearly marked, "Proposal for Negotiable Promissory Notes, 1970." Bid Check: No bid check need accompany the proposal. Chan e~in Tax Exempt Status: At any time before the notes are tendered for de il'very the successful bidder may disaffirm and withdraw the proposal if the interest received by private holders from notes of the same type and character shall be declared to be taxable income under present federal income tax laws, either by a ruling of the Internal Revenue Service or by a decision of any federal court, or shall be declared taxable by the terms of any federal income tax law enacted subsequent to the date of this notice. Legal Opinion: The unqualified opinion of O'Melverty & Myers, attorneys, approving the validity of the notes will be furnished the successful bidder without cost to the bidder. No LitiQa-ti-on Certificate: At the time of payment for and delivery of the notes, tie gency wi urnish the successful bidder a certificate that there is no litigation pending affecting the validity of the notes. Section 2. The Secretary of the Agency is hereby authorized and directed to publish a notice inviting bids to ether with said Resolution No. 2251 (omitting Sections 12 and 13 thereof and this Resolution once in the Evening Telegram, a newspaper of general circulation published in the City of San Bernardino, such publication to be at least seven (7) days prior to the date of receiving bids. Section 3. The Secretary is further authorized and directed to cause to be furnished to prospective bidders copies of said notice inviting bids together with a copy of said Resolution No. 2251 (omitting Sections 12 and 13 thereof) and this Resolution, but failure in whole or in part to comply with this section shall not in any manner affect the validity of the sale. Section 4. This resolution shall take effect upon adoption. 1534 ADOPTED AND APPROVED this 6th day of August, 1970. s/A. M. Austin airman o t e Re eve opment Agency of the City of San Bernardino California A. M. Austin I hereby certify that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of San Bernardino at an adjourned regular meeting thereof held the 6th day of August, 1970, by the following roll call vote: AYES: Members: Webster, Wein, Gutierrez, and Austin NOES: Members: None ABSENT: Members: None s/P. W. Quinn, Jr. secretary o sa gency P. W. Quinn, Jr. Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2255. The motion was carried by the following vote, to wit: ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None FISCAL AGENT - $10,500,000 NEGOTIABLE PROMISSORY NOTES: Mr. Varner, explained that the underwriter has chosen the First National Bank of St. Paul, Minnesota; and the Bank of California, Los Angeles, California; as the Fiscal Agents for the $10,500,000 Negotiable Promissory Notes. The following resolution was introduced: RESOLUTION N0. 2256 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPOINTING FISCAL AGENT WHEREAS, pursuant to Section 5 of Resolution No. 2251, of the Redevelopment Agency, the Chairman and Secretary are authorized to appoint an appropriate person or company to act as Fiscal Agent in connection with $10,500,000 Negotiable Promissory Notes, Central City Project, Calif. R-79; NOW, THEREFORE, BE IT RESOLVED that the Chairman and Secretary are hereby 1535 authorized and directed to appoint First National Bank of St. Paul, St. Paul, Minnesota, and the Bank of California, Los Angeles, California, as Fiscal Agents for $10,500,000 Promissory Notes, Central City Project, Calif. R-79. Adopted: 8-6-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2256. The motion was carried by the following vote, to wit: ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None RECISION OF UNDERWRITING AGREEMENT: Mr. Varner explained that the Underwriting Agreement executed with the J. R. Narwitz & Co. must be rescinded, as the J. R. Narwitz & Co. has submitted a firm offer for the $5,500,000. The Underwriting Agreement was an agreement to offer a firm commitment. The following resolution was introduced: RESOLUTION N0. 2257 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RESCINDING THAT PORTION OF RESO- LUTION NO. 2247 AS PERTAINS TO AGREEMENT FOR UNDERWRITING SERVICES BETWEEN THE AGENCY AND J. R. NARWITZ & CO. WHEREAS, by Resolution No. 2247 the Redevelopment Agency of the City of San Bernardino, California, authorized the execution of a contract by and between the Agency and J. R. Narwitz & Co. for Financial Consultant Services and an Underwriting Agreement for the sale of negotiable notes; and WHEREAS, pursuant to said Resolution No. 2247, an Underwriting Agreement be- tween the Agency and J. R. Narwitz & Co. was duly prepared and executed by all parties; and WHEREAS, at the public bid opening of this Agency's $10,500,000 Promissory Note Sale, a bid for the purchase of this Agency's notes was received from another source; to wit: Miller and Schroeder, Inc., St. Paul, Minnesota, which bid, this Agency has accepted. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the portion of Resolution No. 2247 as pertains to authorization to enter into an Underwriting Agreement between the Agency and J. R. Narwitz & Co. is hereby rescinded and the Agreement as duly prepared and executed by all parties is hereby mutually cancelled and declared null and void by all persons who were parties to its execution. Adopted: 8-6-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2257. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None 1536 REUSE PARCEL 88, R-70: Mr. Glassock, Real Estate Manager, Offer to Purchase Reuse Parcel 88, building. Escrow will close on or Construction will commence no more Glassock stated that Mr. Bussey coy a prior canmitment. stated R-10. before than s ild not that Mr. He plans 30 days fx months make the Ken Bussey has submitted ar to develop a 6,000 sq. ft. after the Public Hearing. after close of escrow. Mr. meeting today, because of Mr. McCririe, C & J Enterprises, stated that they are still working very hard to find a firm tenant for this parcel, but because of the tight money market they have been unsuccessful. They do have a proposed tenant now but have not received anything firm as yet. After further discussion, motion was made by Wein and seconded by Webster to table the Offer for Reuse Parcel 88 until the next Regular Board Meeting, in order that Mr. Bussey can be present, and Mr. McCririe can have more time to try to obtain a firm tenant. The motion was carried by the following vote, to wit: ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None The Board Members requested that Mr. Gaynor be present at the next meeting also. Mr. McCririe stated that he would request his presence. OFFER TO PURCHASE REUSE PARCELS 13b, 15, 16, & 77, CALIF. R-10: Mr. Quinn pointed out Parcels 73b, 15, 16, 8 17, CALIF. R-l0 to the Members. Carl Wahlquist, Architect for Fidelity Capital, was presented to the Members. Mr. Wahlquist stated that fidelity Capital has received its Charter and is now ready to submit its firm Offer to Purchase the above parcels. The rendering of "Fidelity Square" was shown and discussed. Fidelity Capital desires to enter into escrow and close December 31, 1970. Ninety days are needed to acquire their FEIC Insurance. Construction will commence April 15, 1971. After discussion, the following resolution was introduced: RESOLUTION N0. 2258 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DETERMINING THAT FIDELITY CAPITAL CORPORATION, A REDEVELOPER, IS QUALIFIED TO REDEVELOP THE MEADOWBROOK PROJECT N0. 1, CALIF. R-10, REUSE PARCELS 13b, 15, 16 & 17, AND AUTHORIZING THE PUBLICATION OF THE "REDE- VELOPERS STATEMENT FOR PUBLIC DISCLOSURE" AND NOTICE OF PUBLIC HEARING WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to dispose of certain parcels of land fn the Meadowbrook Project to qualified Redevelopers to redevelop the land in accordance with the Redevelop- ment Plan thereof; and 1537 WHEREAS, the offering of Reuse Parcels 13b, 15, 16 & 17 was published pur- suant to the Urban Renewal Handbook RHA 7214.1, Chapter 4, Sec. 2, California Law; and WHEREAS, the Agency has evaluated all of the proposals received pursuant to the offering. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino declares its intention to sell Reuse Parcels 13b, 15, 16 and 17, Calif. R-10, to Fidelity Capital Corporation, subject to the con- currence of the Department of Housing and Urban Development. BE IT FURTHER RESOLVED, that the disposition of said parcel to said redeveloper is in the best interest of the Meadowbrook Project and the Redevelopment Agency of the City of San Bernardino; and that the Agency is authorized to publish the "Redeveloper's Statement for Public Disclosure" and the Notice of Public Hearing. Said Public Hearing to be held August 20, 1970. Adopted: 8-6-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2258. The motion was carried by the following vote, to wit: ayes: Webster, Gutierrez, Wein and Austin tloes: None Abstention: None Absent: None "E" STREET SEWER MODIFICATION: Mr. Quinn advised that at the July 16th Board Meeting authorization was requested to enter into Change Order with Arrowhead Engineering to revise a portion of the plans for sewer work because of the; alignment on "E" Street and the con- struction of the parking structures in the civic center. The Members requested that other proposals be obtained for this service. A memorandum was submitted to the members from the Operations Office. Said Memo explained that they have been unable to obtain aRy other proposals for this service. After discussion, the members determined that another attempt should be made to obtain other pro- posals for this service. Motion was made by Wein and seconded by Webster instruct- ing the Operations Officer to seek other proposals for this service, to be reviewed at the next Regular Board Meeting. The motion was carried by the following vote: to wit: ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None "E" STREET COURT DRAIN MODIFICATION: Authorization was requested to execute a Change Order to J. D. Diffenbaugh's Contract, not to exceed $1,075.39, to relocate 12" storm drain located in the "E" Street Court. After discussion, the following resolution was introduced: 1538 RESOLUTION N0. 2259 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CHANGE ORDER NO. 8, WITH THE J. D. DIFFENBAUGH COMPANY, SITE PREPARATION UNIT N0. 2 CONTRACT, PUBLIC MALL CONSTRUCTION CONTRACT, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with the J. D. Diffenbaugh Co. for Site Preparation Unit No. 2, California, R-79, dated June 27, 1969; and WHEREAS, it has become necessary to relocate 12" storm drain located in the "E" Street Court. The relocation of the 12" diameter pipe was caused by the pedestrian bridge footings; and WHEREAS, modified layout is reflected in Gruen Association Drawing No. SK4-2270 and requires the addition of approximately 15' of new pipe; and WHEREAS, this modification must be completed prior to finishing the "E" Street Court; and WHEREAS, the Contractor, J. D. Diffenbaugh Company proposes to do said modi- fication at a cost not to exceed $1,075.39. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency and J. D. Diffenbaugh Co. be authorized to institute the above modification at a cost not to exceed the sum of One Thousand, Seventy Five and 39/100 Dollars, ($1,075.39) in Change Order No. 8, Central City Project No. 1. Adopted: August 6, 1970 Motion was made by Webster and seconded by Wein authorizing the adoption of Resolution No. 2259. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None SALARY SCHEDULE REVIEW: Mr. Wein stated that the City Employees have received a 5% raise, effective July 1st. In keeping with the Agency's policies, he recommended that Agency Employees receive a one step raise. This raise would be approximately 5% and would keep within our schedule. He further recommended that the Executive Director's salary be increased to $1,968 per month; and the Deputy Director's salary be increased to $1,478 per month. Mr. Wein recommended that the raise be retro-active from July"1,1970. After discussion, the following resolution was introduced: RESOLUTION NO. 2260 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, FIXING THE COMPENSATION OF VARIOUS OFFICERS AND EMPLOYEES THEREOF, AND RESCINDING CERTAIN SPECIFIC PORTIONS OF RESOLUTION N0. 2095 1539 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, is engaged in executing redevelopment projects known as Meadowbrook Project Calif. R-10 and Central City Project Calif. R-79; and WHEREAS, said Agency has, by Resolution No. 2095, adopted a basic compen- sation schedule for its officers and employees; and WHEREAS, Resolution No. 2095 requires that, when the City of San Bernardino revises its Basic Compensation Plan for officers and/or employees, or grants salary increases to officers and/or employees, the Redevelopment Agency will, within 30 days following the City's actions, reexamine the Basic Compensation Schedule of the Agency; and WHEREAS, the Mayor and Common Council of the City of San Bernardino did adjust the Basic Compensation Plan of the City of San Bernardino by a five (5%) percent cost of living increase effective July 1, 1970; NOW, THEREFORE, The Redevelopment Agency of the City of San Bernardino, does hereby Resolve, Determine, and Order as follows: Section 1. That except as otherwise specifically provided and subject to other provisions of this resolution, each employee of the Redevelopment Agency of the City of San Bernardino, shall be entitled to receive for his or her services in his or her position the applicable rate of compensation shown on the fol- lowing basic five step salary schedule prescribed for the class in which his or her position is allocated, to wit: BASIC FIVE STEP SALARY SCHEDULE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO POSITION Administrative/ Finance Officer Chief Accountant Accountant Bookkeeper II Real Estate Manager Land Agent Administrative Asst/Real Estate Operations Officer Asst. Operations Officer Operations Assistant Relo & Property Mgr Relocation Specialist II Relocation Specialist II Executive Secretary Dep/Director Secretary Real Estate Secretary Operations Secretary Clerk/Receptionist RANGE A B C D E 48 1227 1283 1342 1404 1468 37 747 780 817 855 895 34 652 681 713 747 780 31 569 595 623 652 681 45 1072 1121 1173 1227 1283 41 895 936 979 1024 1072 35 681 713 747 780 817 46 1121 1173 1227 1283 1342 42 936 979 7024 1072 1121 34 652 681 713 747 780 45 1072- 1121 1173 1227 1283 39 817 855 895 936 979 39 817 855 895 936 979 33 623 652 687 713 747 31 569 695 823 652 681 31 569 595 623 652 681 37 569 595 623 652 681 26 454 475 497 520 544 1540 Step increases shall be effective during the first pay period following com- pletion of the above requirements. ' Personnel promoted from within the Agency, i. e., Clerk Typist to Stenographer, shall serve in the new position for twelve months before being eligible for a salary increase. Section 2. The Salary of the Executive Director is hereby established at $1,968 per month. Section 3. The salary of the Deputy Director is established at 1,478 per month. Section 4. Sections 1, 2, 3 and 4 of Resolution No. 2095, are hereby rescinded and the foregoing Sections substituted therefore. All other provisions of Resolution No. 2095 remain in full effect and force. Section 5. This Resolution is retroactive and becomes effective on July 1, 1970. Adopted: 8-6-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2260. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None EMEMGENCV SEWER CONNECTION - "E" STREET COURT, THIRD STREET: Mr. Jones, Operations Officer, explained that during the drilling for piles for the "E" Street Bridge, clear water was found to be seeping into the newly drilled holes. Excess water was found to be coming from the Harris Co. boiler. A new temporary line was constructed. During the excavation of this temporary line by the Street Dept., two more live sewer lines were discovered coming from the Andreson Bldg that emptied into the Third Street abandoned sewer line. Because of the emergency, the Street Dept provided a pump to remove this excess water. Mr. Quinn requested authorization to reimburse the City for their services, in an amount not to exceed $2,061.01. After discussion, the following resolution was introduced: RESOLUTION NO. 2261 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE EXPENDITURE OF NOT MORE THAN $2,061.01 FOR EMERGENCY SEWER CONNECTION, "E" STREET COURT, THIRD STREET, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, during the drilling for piles for "E" Street Bridge by Burke Construction Co., clear water was found to be seeping into the newly drilled holes. Excess water was found to be coming from the Harris Co. boiler located on the second floor and emptying into the Third Street, East/West sewer line, which had been abandoned because of excavation for the City Hall Complex; and 1541 WHEREAS, in order to remove this excess water and not delay Burke Construction Co., a new temporary line needed to be constructed due to the fact that the ' new sewer line to serve this area is not yet constructed from Fourth Street to Second Street and is several months away from being installed; and WHEREAS, during the excavation for this temporary line by the Street Dept., two more live sewer lines were found coming from the Andreson Bldg., that emptied into the Third Street abandoned sewer line; and WHEREAS, by this time, the sewage and water was backing up and creating a health problem and the Street Dept. provided a pump to remove the excess water; and WHEREAS, because of the emergency, Mr. Merle Cornielson of the Street Dept was instructed to make necessary connection and bill this Agency for the cost in an amount not to exceed $2,061.01. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the expenditure of Two Thousand, and Sixty One Dollars and Ol/100 be authorized for the emergency sewer connection provided by the City of San Bernardino Street Department at a cost not to exceed $2,061.01. Adopted: August 6, 1970 Motion was made by Webster and seconded by Wein authorizing the adoption of Resolution No. 2261. The motion was carried by the folbowing vote: to wit: ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None NORTHWEST ARCADE STAIRWAY: Approval was requested for a Change Order to Diffenbaugh's Contract for the relocation and compaction of dirt in order that the stairway from the North- west Arcade to the lower Penney Court can be poured. Penney Company has required this modification to the plans. The Members inquired about the Penney Company lease. Mr. Varner informed the Members that on Tuesday, August 4th, a meeting was held in Los Angeles between all of the parties involved in the mall tenancy, to work on the finalization of the Reciprocal Easement Agreement. This Agreement will tie all of the parties of the mall together for the duration of their occupancy. Harris Company and Montgomery Wards will start construction before the Penney Company. Penney Company proposes to start construction on or about April 15, 1971. Everything is working out very well. Diffenbaugh estimates that 1,250 cubic yards of dirt are needed for this proposed stairway. He proposes to perform this service for $1,960. The Contract Inspector, Krueger Engineering, estimates that only 7,000 to 1.,100 cubic yards of dirt are needed. 1542 After much discussion, motion was made by Webster and seconded by Gutierrez to table this matter; instructing the Executive Director to obtain the final ap- proval of the Penney Company on this modification; and if approved, requesting other bids for this service. The motion was carried by the following vote, to wit: ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None TIME EXTENSION, MALL CONTRACT: A request fora time extension of 115 days to contract completion date was sub- mitted from J. D. Diffenbaugh, due to inclement weather and the Stop Notice of 107 days issued by the Agency. A further request for $200 per day for 21 ddys, for a total amount of $4,200, because of project delay from June 11, 1970 until July 10, 1970 was also submitted. After discussion, motion was made by Webster and seconded by Wein tabling this matter until the next board meeting, in order that a representative from the Diffenbaugh Company could be present to explain this request. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None CAMELLIA FESTIVAL BALL: The Chairman presented a request from the Chamber of Commerce to utilize the Mall facility for their First Annual Camellia Festival Ball, on February 26, 1971. Mr. Varner stated that the Agency will probably be receiving many requests for the use of the mall, and he would recommend that a firm calendar of events specifically for this purpose be formed. An Agreement should also be drawn set- ting forth the Agency conditions, such as insurance and cleaning deposit necessary. After discussion, nation was made by Wein and seconded by Webster authorizing the Chamber of Commerce to utilize the mall facility February 26, 1971 for their First Annual Camellia Festival Ball. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None GRIGGS-NORWOOD, REMOVAL OF FOOTINGS ANTLER'S HOTEL: A request was presented from Griggs-Norwood for reimbursement in the amount of $7,400 for extra work involved to remove the large concrete spread"footings from the Antlers Hotel Basement. This is the second time this request has been before the Board. On July 2, 1970 the Board denied the request. Mr. Norwood was presented to the Members. Mr. Norwood requested further con- sideration from the Board for this service. He stated that in his letter to the Agency of June 9, 1970, he proposed to remove the debris from the Antlers Hotel basement beyond the project grading limits to the edge of the adjoining sidewalk and to a depth of about six feet. He proposed to perform this service for $1,630.30. The Board authorized this change. He stated that he had to go beyond this six foot limit. The additional cost involved is $1,400. Upon 1543 review of this Agency files, the letter of June 9, 7970 could not be located. After further discussion, motion was made by Webster and seconded by Gutierrez to table the request of Griggs-Norwood until the next Board Meeting, in order that the files could be thoroughly reviewed regarding Mr. Norwood's letter of June 9, 1970. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None "E" STREET COURT - SUBSTANDARD COMPACTION: The condition of the soil in the "E" Street Court area is unsatisfactory. Diffenbaugh will not accept the area until it is compacted to 90%. Three bids were received. The lowest was received from Presco Bldg Materials in the amount of $1,400. Authorization was requested to enter into Change Order No. 2 with Presco Bldg. Materials to their Unit No. 36 Contract for this additional service. The following resolution was introduced: RESOLUTION N0. 2262 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO CHANGE ORDER NO. 2 WITH PRESCO BUILDING MATERIALS, UNIT N0. 36, CENTRAL CITY PROJECT, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into Contract with Presco Building Materials for Demolition and Site Clearance, Unit No. 36, Calif. R-79 on the 12th day of June, 1970; and WHEREAS, it is the desire of this Agency to enter into Change Order No. 2 due to the unstable soil condition of the sub-grade in the "E" Street Court caused by debris pockets and abandoned utility lines; and WHEREAS, C H J Testing Laboratory made 5 compaction tests of the area; tests ranged from 83-89 with required compaction to be 90%; and WHEREAS, because of the compaction test failure, the J. D. Diffenbaugh Co. will not accept the area until said area is compacted to 90%; and WHEREAS, Krueger Engineering Corporation suggests that the area be stripped 1 1/2 feet below finish sub-grade. This stripping would remove all abandoned utility lines and debris pocket, import material be brought in and compacted to 90% to the sub-grade level; and WHEREAS, this Agency solicited bids for said work from two Contractors; and WHEREAS, Presco Building Materials submitted the low bid in the amount of One Thousand, Four Hundred and no/700. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be hereby authorized to execute Change Order No. 2 with Presco Building Materials Unit 36, Calif. R-79 in an amount not to exceed $1,400.00 in Change Order No. 2. Adopted: 8-6-70 1544 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2262. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None REVIEW OF PROPOSALS, TESTING & INSPECTION: Mr. Austin reported that proposals were opened August 3, 1970 for Testing and Inspection services for the parking structures. The proposals received are as follows: Inspection Testing Combination Bid Bonadiman Associates 57,300 CHJ Materials 68,760 114,600 Krueper Engineering- 42,975 Pacific Materials Lab 114,600 Upon examination, it was determined that the proposal of CHJ Materials Lab for Testing services in the amount of $68,760 be accepted, and the proposal of Krueper Engineering for Inspection services in the amount of $42,975 be accepted. The following resolutions were introduced: RESOLUTION NO. 2263 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE A CONTRACT FOR TESTING SERVICES FOR THE CONSTRUCTION OF THE CENTRAL CITY THREE LEVEL AND FIVE LEVEL PARKING STRUCTURES, CALIF. R-79, TO CHJ MATERIAL LABORA- TORIES WHEREAS, the Agency has, under date of March 21, 1967, entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its' Central City Project, Calif. R-79, under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract the Agency is undertaking certain activities necessary for the execution of the Central City Project No. 1, Calif. R-79; and WHEREAS, the Agency desires to engage a Contractor to render certain professional services in connection with testing services for the construction of a three and five level parking structure; and WHEREAS, proposals were received by the Agency for said services; and WHEREAS, the members of the Agency have reviewed the proposals submitted, at their Regular Meeting of August 6, 1970 and have determined that the proposal of CHJ Materials Laboratory be accepted in that said proposal appears to be in the best interest of the Agency and the City of San Bernardino. 1545 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 execute Contract with CHJ Materials Laboratory for testing services for the construction of the three level and five level parking structures for a sum not to exceed Sixty Eight Thousand, Seven Hundred Sixty and no/100 Dollars ($68,760). Adopted: 8-6-70 RESOLUTION NO. 2264 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE A CONTRACT FOR INSPECTION SERVICES FOR THE CONSTRUCTION OF A THREE LEVEL AND A FIVE LEVEL PARKING STRUCTURE, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, the Agency, has, under date of March 27, 1967 entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its' Central City Project, Calif. R-79, under Title I of the Housing Act of 1949, as amended and pursuant to that Contract, the Agency is undertaking certain activities necessary for the execution of the Central City Project No. 1, Calif. R-79; and WHEREAS, the Agency desires to engage the services of a Contractor to render professional services in connection with Building Inspection for the construc- tion of the three level and five level parking structure, Central City Project; and WHEREAS, a number of proposals were received by the Agency for said services; and WHEREAS, the Members of said Agency have reviewed the proposals submitted at their regular meeting of August 6, 1970 and have determined that the proposal of Krueger Engineering be accepted in that said proposal appears to be in the best interest of the Agency and the City of San Bernardino. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary be hereby authorized to execute contract with Krueper Engineering and Associates for Inspection Services for the construction of a three level and five level parking structure Central City Project for a sum not to exceed forty Two Thousand, Nine Hundred Seventy Five and no/100 Dollars ($42,975.00). Adopted: 8-6-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolutions No. 2263 and 2264. The motion was carried by the following vote, to wit: ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None 1546 Mr. Babcock, President of Pacific Materials Laboratory stated that a firm should be chosen because of their qualifications, not their price. Mr. Austin explained that the Agency only sends proposals to firms that are considered qualified. Both CHJ and Krueger Engineering have done work for the Agency before, and we have been very satisfied with their performance. Mr. Babcock. stated that at the bid opening for testing and inspection services for the Mall structure, his firm submitted a combination proposal. This pro- posal was the lowest submitted, and he did not receive the contract. Mr. Austin instructed the Executive Director to review the minutes of this previous meeting, and report his findings at the next meeting. He further advised Mr. Babcock that at this previous meeting, the Board determined that they would rather obtain the services of two separate firms - one for testing and one for inspection. In this way a system of check and balance can be obtained. SACRAMENTO TRIP: The following resolution was introduced: RESOLUTION NO. 2265 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE TRIP OF MR. EDGAR SMITH TO SACRAMENTO, CALIFORNIA, AUGUST 3, 1970 WHEREAS, Resolution No. 2043 of the Redevelopment Agency of the City of San Bernardino, California requires each trip made by an Agency Member or Staff Member outside of the City of San Bernardino be specifically authorized by Resolution of the Agency Members; and WHEREAS, it was found essential that Mr. Edgar Smith travel to Sacramento, California, August 3, 1970, in connection with local financing arrangements, Central City Project; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the travel of Mr. Edgar Smith to Sacramento, Cali- fornia, August 3, 1970, is hereby approved, and his travel expenses are hereby approved in accordance with Resolution No. 2043. Adopted: 8-6-70 Motion was made by Webster and seconded by Wein authorizing the adoption of Resolution No. 2265. The motion was carried by the following vote to wit: ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None 1547 ADJOURNMENT: Motion was made by Webster and seconded by Wein to adjourn the meeting until August 14, 7970, 4:00 p.m. The motion was carried by the following vote, to wit: ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None ,, ~~ G ` _. ~ .Quinn, r. ExecutiveD' ector ; 1548 MINUTES OF THE ADJOURNED REGULAR MEETING OF AUGUST 6, 1970, HELD AUGUST 14, 1970, 323 COURT STREET, ROOM 305, SAN BERNARDINO, CALIFORNIA The Chairman reported that this Adjourned Regular Meeting was duly posted in accordance with law. Said Notice is as follows: NOTICE OF ADJOURNED REGULAR MEETING OF THE REDE- VELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CALIFORNIA NOTICE is hereby given that the Regular Meeting of the Redevelopment Agency of the City of San Bernardino, California, held August 6, 1970, has been adjourned until Friday, August 14, 1970, at 4:00 p.m. 323 Court Street, Room 305, San Bernardino, California, the regular meeting place thereof. DATED this 7th day of August, 1970. s/P.W. Quinn, Jr. P. W. Quinn, Jr. Secretary The Chairman opened the meeting at 4:00 p.m. Roll Call showed the following: Agency Members Present: Austin, Wein, Webster and Gutierrez Agency Members Absent: None Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. AWARD OF NOTES, $5,000,000: Mr. Varner stated that bids were received at 10:90 a.m. (PDST) today. One bid was received - Miller & Schroeder, Inc. -for the $5,000,000 Negotiable Pro- missory Notes. After discussion the following resolution was introduced: RESOLUTION N0. 2266 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AWARDING NOTES OF SAID AGENCY AND REJECTING ALL OTHER BIDS 1549. WHEREAS, at the time and place fixed for the opening of bids for the $5,000,000 of the $10,500,000 notes of the Redevelopment Agency of the City of San Bernardino, California, designated "Central City Project No. 1 Negotiable Promissory Notes, 1970", all bids were publicly opened, examined and read, and a tabulation thereof has been entered in the minutes; NOW, THEREFORE, the Redevelopment Agency of the City of San Bernardino, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1. The bid(s) or portion thereof set forth below is (are) the bid(s) for said notes yielding the lowest net interest cost. Said Bid(s) is (are) hereby approved for award and the notes awarded in the amount(s) as follows: Bidder: Miller & Schroeder, Inc. Amount of Notes Bid For: $5,000,000 Less Three Percent (3Y) Discount Purchase Price: $4,850,000 Plus Accrued Interest to Date of Delivery (8-17-70) Interest Rate: 7% Per Annum Number of Notes: 1,000 Denominations: $5,000 Approved for Award: August 14, 1970 See attached Exhibit "A" attached hereto and made a part hereof. Section 2. All bids other than the bid(s) accepted in Section 1 hereof are rejected and the Secretary is directed to so advise the respective bidders. Section 3. The interest rate(s) on said notes is (are) hereby fixed at the rate(s) statdd in Section 1 hereof. Section 4. The Treasurer is hereby directed to deliver said notes to the success- ful bidder(s) upon payment therefor and accrued interest, if any, to date of delivery. ADOPTED AND APPROVED this 14th day of August, 1970. s/A. M. Austin Chairman of the Redevelopment Agency of the City of San Bernardino, California A. M. Austin I hereby certify that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of San Bernardino, at an , adjourned regular meeting thereof held on the 14th day of August, 1970, by the following roll call vote: 1550 Ayes: Austin, Wein, Webster and Gutierrez Noes: None Absent: None s/P. W. Quinn, Jr. secret-arm t e A P. W. Quinn, Jr. TABULATION OF BIDS August 14, 1970, 10:00 a.m. (PDST) 323 Court Street, Room 305 San Bernardino, California PROMISSORY NOTES FINANCING PORTION OF CENTRAL CITY PROJECT P. W. Quinn, Jr., Executive Director and Treasurer, presiding. Mr. Quinn reported that this is the time and place designated for the opening of bids for $5,000,000 of the $10,500,000 notes of the Redevelopment Agency of the City of San Bernardino, for the financing of a portion of the Central City Project. One bid has been received by the Agency for said financing, as follows: Miller & Schroeder, Inc. 1409 Northwest Bank Bldg. Minneapolis, Minnesota 55402 Five Million Dollars ($5,000,000), one(1) year notes, said notes to bear interest at the rate of seven (7%) percent per annum, and a discount of three (3%) percent. The denomination of said notes shall be Five Thousand Dollars ($5,000). Net proceeds to be paid to the Redevelopment Agency on August 17, 1970. In addition to the above amount, we will pay accrued interest from the date of the notes to the date of delivery. In all other respects, each of said notes shall be in accordance with the provisions of Resolution No. 2255 of the Redevelopment Agency of the City of San Bernardino. P. W. Quinn, Jr., Secretary, closed the Bid Opening at 10:10 p.m. (PDST). Exhibit "A" Motion was made by Wein and seconded by Webster authorizing the approval of Resolution No. 2266. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None 1551 1~,i is t;'; ~. ~~, ~~ ~~ ~.,. ~1~°=' I F C O e P O S A T E D f~J ~~I ( ~ ~ ~J~ Ivll L,I~~~ tJil?.~ Al ~~L:: i. LL', 19 j~ Redevclopm cr_t .-_: ncy of t___ City of Se.n Berrardixzs 323 Court Stre.:~ San Peniar dire, C;-=7.ifosr,ia r~ ~ ~ ~ i ~ \ / 1 i - `\\ P,e: $5, OOf;, 000 Fa-r Va1ne, Redeve].oor.:c:.:k Agency of t;.: c- G;ty of S?in Bern:~.rc_:;.o, G alifo rnia, ;i<~get-i~~i-:le P:cmiseo' DiOtcS, Dated. August 1.5, 1970, Genileiz~o..: E~ or your ti ~, ia:?Le Promissory iVo~ca in t~ e grinci~ .1 .i::o~.. t of`.'5, OIO, c;;:: described in the Ac~;.ce of Sale publx ,hed is the San i?. di .o '~'~ e~~;°.<, Telegram on tjn_uat 7, 1970, and pursuanC to yor~r Rc. ai..io1 i.dc. 2? -.5, ~.~_ '^ hereby resgectfull-y sabx~it the follo~°; ino bid; Five Million Dollars (~5, 000, 000), one (11 y--oar rof:cs, said notes tc baar interest at ti?e rate of so~'cn (7 io) percent per annum, and a discount of thrae (.5 ,u) pe-rcc.a. The deaominati.on o; said notes shall 'oe rit=e Thonsa:nd Dollars ($5, 000). Net proceeda to be nail to the Redevelopment F,gency on Augast 17, 1970. In ad di.tion to the above amotim t, we vii.ll pay accrued interest from tiie da tc of. tiic rotes to t;:e. de+.tc of dcl.ivery, L?. all other respects, eacix of said notes shall b., in accordance c-ith the provisions of ;esol~:aior. :2o. 22~~ of tip _^~ec.~~velopn,e ~.:.~t Agency of the Gity of San Ber.xerdiro. This proposal is subjcc, co said noses being; dc7.iver.;d tc ua or, Augu=;t 17. 1970, and to o~~~r being fi_r-r.sner. at your esi;ensc with a.n cpirion f ern Messrs. O'~4elreny & ,r,^ers o= Los A;:~eles, Califo..^ia au;,ro~=xt; t21e validity of said r_ckes, t_.e validity of tl:c Y.esc;iution :_:,d i;oti.r_e of Sale and that the interest income from said soles is declared to o^ not. iE:.~_abi income under prascr.t :_....al _ncome tan lay=~s. MILL?.tt ~.. SG,iv~ D.~ _ INC,Cl:?O:_..-,..]~_) - £ Vtinne.sota Ccrporatio sy: D~ri.i Ii _ r'nrcr,d 4 :.~ ~ :', r;: c, ~ r__.. 1552 RESOLUTION AMENDING PORTION FINANCIAL CONSULTANT SERVICES CONTRACT: Mr. Varner explained that O'Melveny and Myers have requested that Paragraph 4, Agreement for Financial Consulting Services, be amended to add: "No part of such compensation shall be paid to any person, firm or corporation, directly or indirectly, as an inducement to participation in such financing." After discussion, the following resolution was introduced: RESOLUTION N0. 2267 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING PORTION OF AGREEMENT FOR FINANCIAL CONSULTING SERVICES, BETWEEN THE AGENCY AND J. R. NARWITZ & CO. WHEREAS, by Resolution No. 2247, the Redevelopment Agency of the City of San Bernardino, California, authorized the execution of a contract by and between the Agency and J. R. Narwitz & Co. for financial Consultant Services for the sale of negotiable notes; and WHEREAS, pursuant to said Resolution, an Agreement for Financial Consultant Services was entered into the 17th day of July, 1970; and WHEREAS, Agency Bond Counsel, O'Melveny and Myers, has reviewed said Agreement and has required that Paragraph 4 regarding Compensation be amended. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that Paragraph 4 of Agreement for Financial Consulting Services by and between the Agency and J. R. Narwitz & Co. is hereby amended as follows: "4. For all services rendered under this contract Agency agrees to compensate Consultant for all services rendered expressed as a percentage of par value of financing obtained, as follows: One and Three-quarters Percent (1 3/4%) of the first Ten Million Five Hundred Thousand Dollars ($10,500,000.00) and Three quarters Percent (3/4%) of any additional financing. All out-of-pocket expenses shall be borne by Consultant. Compensation shall be due and payable to Consultant within fifteen (15) days following receipt of funds from any financing arranged by Agency. No part of such compensation shall be paid to any person, firm or corporation, directly or indirectly, as an inducement to participation in such financing." Adopted: 8-14-70 Motion was made by Webster and seconded by Wein authorizing the adoption of Resolution No. 2267. The motion was carried by the following vote, to wit: {ryes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None .. _. . ._.._.. 1553 RESOLUTION AMENDING RESOLUTION N0. 2251: Mr. Varner stated that O'Melveny and Myers have requested that the Agency amend Resolution No. 2251, authorizing the issuance of the $70,5000,000 Promissory Notes to add the following: "Section 6. The note shall be signed on behalf of the Agency by the facsimile signature of its Chairman, and the manual signature of its Secretary and the seal of the Agency shall be imprinted thereon. The coupon shall be signed on behalf of the Agency by the facsimile signature of its Secretary." After discussion, the following resolution was introduced: RESOLUTION N0. 2268 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING RESOLUTION N0. 2257 OF SAID AGENCY BE IT RESOLVED, and determined ordered as follows: That Section 6 of Resolution No. 2251 of said Agency adopted on July 20, 1970, is hereby amended to read as follows: "Section 6. The note shall be signed on behalf of Agency by the facsimile signature of its Chairman the manual signature of its secretary and the seal the Agency shall be imprinted thereon. The coupon be signed on behalf of the Agency by the facsimile ture of its secretary." Adopted: 8-14-70 the and of shall signa- Motion was made by Gutierrez and seconded by Webster authorizing the adoption of Resolution No. 2268. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Webster, Wein and Austin Noes: None Abstention: None Absent: None CENTRAL CITY PROJECT, BANK ACCOUNT DESIGNATION: The following resolutions were introduced: RESOLUTION N0. 2269 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A BANK ACCOUNT TO BE DESIGNATED "CENTRAL CITY PROJECT N0. 1 SPECIAL FUND" AT THE BANK OF CALIFORNIA .., WHEREAS, by Resolution No. 2251 the Agency authorized the sale of $70,500,000 Promissory Notes; and 1554 WHEREAS, said Resolution No. 2251 specifies that a special bank account shall be opened and designated "Central City Project No. 1 Special Fund". NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized on behalf of the Agency to open a new account with the Bank of California, said account to be designated "Central City Project No. 1 Special Fund". Adopted: 8-14-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2269. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None RESOLUTION N0. 2270 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A BANK ACCOUNT TO BE DESIGNATED "CENTRAL CITY PROJECT NO. 1 REDEVELOPMENT FUND" AT BANK OF CALIFORNIA WHEREAS, by Resolution No. 2251 the Agency authorized the sale of $10,500,000 Promissory Notes; and WHEREAS, said Resolution No. 2251 specifies that a special bank account shall be opened and designated "Central City Project No. 1 Redevelopment Fund". NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized on behalf of the Agency to open a new account with the Bank of California, said account to be designated "Central City Project No. 1 Redevelopment Fund". Adopted: 8-14-70 Motion was made by Webster and seconded by Wein authorizing the adoption of Resolution No. 2270. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None ADJOURNMENT: Motion was made by Webster and seconded by Gutierrez adjourning the meeting at 4:25 p.m. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None i ~!l~,! ,,... ~_-- Executiva'05rector 7555 f~INUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD AUGUST 20, 1970, 323 COURT STREET, SAN BER- NARDINO, CALIFORNIA The Chairman called the meeting to order at 4:00 p,m. Roll Call showed the following: Agency Members Present: Austin, Webster and Wein Agency Members Absent: Gutierrez Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The P1inutes of the Regular Meeting of August 6, 1970 were presented for approval. Motion was made by Webster and seconded by Wein approving the Minutes of the Regular Meeting of August 6, 1970 as submitted. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, and Austin Noes: None Abstention: None Absent: Gutierrez The Minutes of the Adjourned Regular Meeting of August 6, 1970, held August 74, 1970 were submitted for approval. Motion was made by Wein and seconded by Webster approving the Minutes of the meeting held August 14, 1970 as submitted. The motion was carried by the following vote, to wit: ayes: Webster, Wein and Austin Noes: None Abstention: None Absent: Gutierrez EXPENDITURES: The Expenditures for the month of July, 1970 were submitted for approval. After review, motion was made by Webster and seconded by Wein approving the Expenditures for the month of July, 1970. The motion was carried by the fol- lowing vote, to wit: ayes: Webster, Wein and Austin Noes: None Abstention: None Absent: Gutierrez Mr. Austin requested that Mr. Webster prepare a report for the next meeting on the Agency's funds and the bank designations. PUBLIC HEARING, FIDELITY CAPITAL CORPORATION, REUSE 13b, 15, 16, & 17, CALIF. R-10: Mr. Austin stated that this is the time and place designated for the Public Hearing for the sale of Reuse Parcels 13b, 15, 16 & 17, Calif. R-10, to Fidelity Capital Corporation. Mr. Varner stated that the form of Agreement is on file for review or questions. There being no comments, the Chairman closed the Public Hearing. REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. 1556 SALE OF REUSE PARCELS 13b, 15, 16 & 17, CALIF. R-10, FIDELITY CAPITAL: Mr. Ken Skousen, representing Fidelity Capital, was presented to the Board. Mr. Skousen presented the rendering of Fidelity Capital to the Members. Mr. Austin stated that this property is located at the northeast corner of 2nd and "D" Streets. Fidelity Capital desires to enter into escrow and close December 31, 1970. Ninety days are needed to acquire their FEIC Insurance. Construction will commence April 15, 1971, with completion 12 months thereafter. After further discussion, the following resolution was introduced: RESOLUTION NO. 2271 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF THE DISPOSAL AGREEMENT AND RELATED DOCUP1ENTS FOR THE SALE OF REUSE PARCELS 13b, 15, 16 & 17, P1EADOWBROOK PROJECT, TO FIDELITY CAPITAL CORPORATION WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, declared its intention to dispose of Reuse Parcels 13b, 15, 16 & 17, Calif. R-10, to Fidelity Capital Corporation, by Resolution No. 2258, adopted 8-6-70; and WHEREAS, public disclosure of the Agency's intention to sell said parcel to said Redeveloper was made in accordance with RHA 7214.1, Chapter 4, Section 4; and WHEREAS, a Public Hearing regarding the proposed disposal of said parcel to said Redeveloper was held August 20, 1970, in accordance with RHA 7214.1, Chapter 4, Section 4, and California law; and 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 Disposal Agreement and execute related documents for the sale of Reuse Parcels 13b, 15, 16 & 17, Meadowbrook Project Calif. R-10, to Fidelity Capital Corporation, subject to HUD approval. Adopted: 8-20-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2271. The motion was carried by the following vote, to wit: Wein, Websi;er and Austin Noes: None Abstention: None Absent: Gutierrez C & J ENTERPRISES, EXTENSION OF TIME: A Memorandum from the Real Estate Department was presented, informing the Members that Mr. Ken Bussey has withdrawn his Offer to Purchase Reuse Parcel 88. 1557 Mr. McCririe stated that he now has a prospective tenant for his development - 1 and should have renderings and lease ready for presentation within 60 days. Upon discussion, the following resolution was introduced: RESOLUTION N0. 2272 RESOLUTION OF THE REDEVELOPt1ENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN EXTENSION OF 60 DAYS TO TIME OF COt4MENCEMENT OF CONSTRUCTION TO C & J ENTERPRISES REUSE PARCEL 88, CALIF. R-10 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, by Resolution No. 653 authorized the sale of Reuse Parcel 88, Calif. R-10, to C & J Enterprises; and WHEREAS, the Agreement entered into on April 16, 1968 by and between the Agency and C & J Enterprises called for an escrow of 30 days duration and construction to commence within 12 months from the close of escrow; and WHEREAS, said escrow closed on June 6, 1968, thereby setting the date of cons- truction to no later than June 6, 1969; and WHEREAS, numerous extensions of time have been granted to C & J Enterprises, in order that they could secure tenants for their proposed development; and WHEREAS, by Agency Resolution No. 2220, adopted May 7, 1970, the Agency Members granted an extension of 60 days, setting the date of construction to no later than July 6, 1970; and WHEREAS, C & J Enterprises have secured a prospective tenant for their development, and have requested a further extension of 60 days to negotiate a firm lease and prepare the necessary renderings; and WHEREAS, the Agency h1embers have reviewed the circumstances involved and have determined that it is in the best interest of the Agency to grant one final extension of 60 days to C & J Enterprises. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that a 60 day extension to commence construction on Reuse Parcel 88, R-10, is hereby granted C & J Enterprises, thereby setting the date of commencement of construction to no later than October 20, 1970. BE IT FURTHER RESOLVED that said rendering of the proposed development and a firm lease will be presented to the Agency Board by the end of this 60 day extension. Adopted: 8-20-70 Motion was made by Webster and seconded Resolution No. 2272, approving a 60 day moving that a firm lease and renderings completion of this 60 day extension. T vote, to wit: Ayes: Webster, Wein and None Absent: Gutierrez by Wein authorizing the adoption of extension to C & J Enterprises. Further be presented to the Agency Board upon `~ ie motion was carried by the following Austin Noes: none Abstention: 1558 HENRY HENSCHEL DEVELOPMENT, PARCELS 23-32, CALIF. R-10: Mr. Henry Henschel was presented to the Board. He stated that he does not know the costs involved regarding the soil conditions, and therefore is not in a position to discuss this situation. He stated that he should have some infor- mation within the next ten days. Mr Henschel presented an estimated time schedule to the Members for his proposed development. Mr. Wein stated that he would like to see something definite. He further stated that it is his feeling that the soil conditions should be accepted based on CHJ's letter stating that the soils underlying the proposed development by Henry Henschel are typical of that general area of San Bernardino. He stated that he would like to see a schedule setting forth the date escrow will open, the date it will close, the date of start of construction and the completion date. Mr. Henschel stated that he believed he could supply these dates by the next meeting. After further discussion, motion was made by Wein and seconded by Webster to table the matter of the Henry Henschel Development until the first regular meeting in September. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, and Austin Noes: None Abstention: None Absent: Gutierrez J..D. DIFFENBAUGH CONTRACT - REQUEST FOR TIME EXTENSION AND ADDITIONAL FUNDS FOR DELAYS: Mr. Hawkins and Mr. Loveday, representing J. D. Diffenbaugh Co., were presented to the Members. A request for a time extension of 115 days to contract comple- tion date was submitted, due to inclement weather and the Stop Notice of 107 days issued by the Agency. A further request for $200 per day for 21 days, for a total amount of $4,200, because of project delay from June 17, 1970 until July 10, 7970 was also submitted. Mr. Wein stated that on July 2, 1970, Mr. Varner, Mr. Quinn, and certain members of the Board met at the mall with Mr. Diffenbaugh. At this meeting Mr. Diffenbaugh informed them that the Agency could either issue a stop order on the portion of the mall affected, or be billed $200 per day for every day the issue was left unresolved. Because of this, the Agency immediately decided to issue the Stop Order; therefore, he did not believe the request for $200 per day for 21 days was warranted. All Members concurred in this statement. Mr. Hawkins stated that by letter of May 29, 1970 to the Agency, he advised the Agency that if Diffenbaugh didn't have a decision on the Change Order by June 11th the job overhead would be directly affected in an amount of $200 per day. There was much discussion regarding the overhead costs involved because of the delay. The Members again stated that Mr. Diffenbaugh had told them differently at the meeting held July 2 at the mall, and on this basis they could not authorize this expenditure. Mr. Krueper was asked if he felt the request for 115 days time extension was ` reasonable. Mr. Krueper stated that he felt 90 days is ample time. ..1559_ __ Mr. Wein moved that an extension of 90 days be granted to Diffenbaughs contract, and the claim for $200 per day for 21 days be referred to Agency Counsel for review and recommendation. Mr. Varner recommended that the entire request from Diffenbaugh be tabled until his review. Mr. Wein withdrew his motion. Motion was made by Wein and seconded by Webster to table the entire request from J. D. Diffenbaugh until the next Regular Board Meeting. The motion was carried by the following vote, to wit: Ayes: Wein, Webster and Austin Noes: None Abstention: None Absent: Gutierrez GRIGGS-NORWOOD, REQUEST FOR COMPENSATION ADDITIONAL SERVICES, ANTLERS HOTEL: Mr. Austin stated that at the last Board h1eeting h1r. Norwood referred to a letter dated June 9, 1970 stating that his firm would remove the debris from the Antlers Hotel basement to a depth of about six feet. At this meeting the letter of June 9th could not be found. Mr. Quinn stated that upon careful review the letter of June 9th was located. All members were furnished a copy of said letter. The Change Order authorizing the removal of the basement was reviewed. Said Change Order did not specify a definite depth, only that the basement would be removed. Mr. Wein moved that the request from Griggs-Norwood for additional funds for the removal of the Antlers Hotel basement be denied, in that the Change Order itself did not specify a certain depth. Mr. Webster stated that he did not feel the Agency should deny this request upon this basis, and he could not second the motion. Mr. Webster assumed the Chairmanship. Mr. Austin seconded the motion. The motion was carried by the following vote, to wit: Ayes: Wein and Austin Noes; Webster Abstention: None Absent; Gutierrez Mr. Austin re-assumed the Chair.. CERTIFICATE OF COMPLIANCE, WALTER DUBOSE: REUSE 82a, R-10: The following resolution was introduced: RESOLUTION N0. 2273 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AUTHORIZING ISSUANCE OF REDEVELOPER'S CERTIFICATE OF COMPLIANCE TO WALTER R. DUBOSE, A MARRIED MAN WHEREAS, Walter R. Dubose, hereinafter called the Redeveloper, has entered into an Agreement and Grant Deed with the Redevelopment Agency of the City of San Bernardino; and ... WHEREAS, said Agreement dated December 8, 1969, was recorded on December 24, 1969, in Book 7359 on page 896 and said Grant Deed dated December 18, 1969, was recorded on December 24, 1969 in Book 7359 on page 920 both in the 1560 Official Records of the County Recorder of the County of San Bernardino, State of California; and WHEREAS, in Section 3 of said Agreement and in Section 4 of said Grant Deed Redeveloper covenanted and agreed, to construct certain improvements on the hereinafter described real property, within the time and in the manner set forth in said Agreement; and WHEREAS, the Agency agreed in Section 4 of said Agreement and in Section 5 of said Grant Deed to furnish the Redeveloper with an instrument certifying com- pletion of said improvements in accordance with the provisions of said Grant Deed and Agreement upon Redeveloper's completion thereof; and WHEREAS, said real property is described as: REUSE PARCEL 82A Portions of Lots 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, Block "D" The Peppers, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 17 of Maps, page 8, records of said County, described as follows: BEGINNING at the intersection of the North line of the South half of said Lot 9 and the East right of way line of "D" Street (82.5 feet wide), established by grant deed to the City of San Bernardino recorded November 9, 1966 in Book 6726, page 490, official records of said County; thence South along the East line of said "D" Street a distance of 204.905 feet to a point in a tangent curve concave to the Northeast having a radius of 20.00 feet; thence Southeasterly along said curve a distance of 31.42 feet to a point in a tangent line, said point being in the North right of way tine of Athol Street (60 feet wide); thence North 890 59' 10" East along the North line of Athol Street, a distance of 263.07 feet to a point; thence North a distance of 224.905 feet to a point in the North line of the South half of said Lot 18; thence South 89° 59' 15" West along the North line of the South half of said Lot 9 and Lot 18, a distance of 283.07 feet to the point of beginning. Saving and excepting therefrom the Easterly 141.00'. Containing 31,868 square feet 0.732 acres. NOW, THEREFORE, BE IT RESOLVED in accordance with Section 4 of said Agreement and Section 5 of said Grant Deed, that the Agency does hereby conclusively certify and give notice that the Redeveloper has fully satisfied, terminated and completed, all covenants and Agreements with respect to the obligation of Redeveloper for the construction of improvements and dates for the beginning and completion thereof, provided for in said Agreement and Grant Deed upon the above described real property. IT, IS FURTHER RESOLVED by the Redevelopment Agency of the City of San Bernar- dino, California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to execute and have recorded with the County Recorder of the County of San Bernardino, a "Certificate of Compliance". Adopted: 8-20-70 1561 Motion was made by Webster and seconded by Wein authorizing the adoption of Resolution No. 2273. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, and Austin Noes: None Abstention: None Absent: Gutierrez GRUEN ASSOCIATES INC - CONTRACT SUPERVISION-THREE LEVEL PARKING STRUCTURE: Messrs. George Reimer and Tony Borsa, representing Gruen Associates, were presented to the Members. Mr. Reimer explained that the Contract between the Agency and Gruen Associates for the three level parking structure is for preliminary planning, working drawings, and specifications. It does not in- clude Construction Administration. Gruen Associates propose to perform this service for $23,500, which is one-third of the lump sum fee for the parking structure. The members were concerned about duplication of service between Gruen Asso- ciates and our Contract Inspector, Krueper Engineering. Mr. Krueper assured the Members that the services are different, and that an Architect Supervisor is necessary. The different duties were explained and reviewed. Mr. Austin stated that the contract for the Parking Structure was based upon a letter proposal from Dan Branigan dated November 29, 1967. In this letter proposal Mr. Branigan stated -- "An amount of $10,000 for construction adminis- tration will be excluded from the Architect's fee." Mr. Austin stated that he could not see why Gruen is now proposing $23,500 for the same service which was previously quoted as $70,000. Mr. Reimer stated that he was not aware of this letter and would have to review it with Mr. Branigan. The Members discussed the necessity of having an Architect Supervisor on the job prior to the next Board Meeting. Mr. Krueper stated that there should be an Architect Supervisor on the job right away, or there would be a delay. Mr. Wein asked if Gruen Associates would consider performing this service on an hourly rate until the matter is resolved. Mr. Borsa stated that this could be done. Gruen Associates would charge the Agency the actual cost of personnel x 2.75 per hour. Motion was made by Wein and seconded by Webster to table the proposal of Gruen Associates for Contract Supervision for the Three Level Parking Structure until the second meeting in September, 1970, and authorizing Gruen to perform said Contract Supervision services on an hourly basis until said contract amount is resolved. The motion was carried by the following vote, to wit: ayes: Webster, Wein and Austin Noes: None Abstention: None Absent: Gutierrez Mr. Wein requested that the Agency obtain an estimate from Krueper Engineering regarding the cost for Architectural Supervision. Mr. Reimer stated that Mr. Branigan would be present at the meeting of Sep- tember 17th to discuss this proposal with the Members. 7562 CITY HALL GROUND BREAKING: Mr. Quinn advised that City Hall is planning their Ground-Breaking Ceremony for the new City Hall on September 16, 1970. Authorization was requested to expend an amount not to exceed $500 for this ceremony. Mr. Wein stated that he would approve of this provided we used the money only for eligible expendi- tures. All Members agreed. The following resolution was introduced: RESOLUTION NO. 2274 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF NOT TO EXCEED $500 OF ELIGIBLE EXPENSES FOR CITY HALL GROUND- BREAKING WHEREAS, the City of San Bernardino is planning a Ground-Breaking Ceremony for the new City Hall in the Central City Project, for September 16, 1970; and WHEREAS, the Agency Members have determined that Agency financial participation in the ground-breaking ceremony is warranted. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the expenditure of not to exceed $500 of eligible expenses for the'City Hall ground-breaking ceremony is hereby approved. Adopted: 8-20-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2274. The motion was carried by the following vote, to wit: I{yes: Webster, Wein and Austin Noes: None Abstention: None Absent: Gutierrez MODIFICATION PLANS FOURTH STREET: Mr. Quinn advised that during the review of the 4th Street plans by the City Engineer's Office, it has been discovered that the widening of 4th Street was not included. The City requires widening 5' on either side between "E" Street and Arrowhead Avenue. This area is not within our project area, but the work has been provided for in the budget. A bid was received for the revision of the plans from Garner, Tee, Tracadas & Troy in the amount of $2,500. A bid for testing has been received from CHJ Materials for $250.00. After review, the following resolutions were introduced: RESOLUTION N0. 2275 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE CONTRACT AMENDMENT N0. 4, WITH GARNER, TEE, TRACADAS AND TROY FOR STREET INPROVEMENT PLANS, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 1563 WHEREAS, The Redevelopment Agency of the City of San Bernardino, California, has entered into a Contract with Garner, Tee, Tracadas and Troy for Street Design for the Central City Project, dated June 29, 1967; and WHEREAS, the Agency entered into Contract Amendment No. 1, May 17, 1968, Contract Amendment No. 2, October 3, 7968, Contract Amendment No. 3, January 31, 7969; and WHEREAS, it is the desire of this Agency to enter into Contract Amendment No. 4 enabling Garner, Tee, Tracadas and Troy to include signal relocations at Fourth and "E" Streets, Fourth and "D" STREETS and Fourth and Arrowhead Avenues, (west side of Arrowhead only). Relocation of proposed street lighting and new location of curb and gutter, (64 feet between curbs), at a cost not to exceed the sum of Two Thousand, Five Hundred and no/100 Dollars ($2,500.00). Said work to be completed within 30 thirty days from commencement of contract. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be hereby authorized to execute Contract Amendment No. 4 with Garner, Tee, Tracadas and Troy for a sum not to exceed $2,500.00. Adopted: 8-20-70 RESOLUTION NO. 2276 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO AGREEMENT WITH C H J MATERIALS LABORA- TORY FOR SOILS TESTS, CALIF. R-79 WHEREAS, it is the desire of this Agency to have determine recommended structural section, Fourth and Arrowhead Avenue; and WHEREAS, C H J Materials Laboratory has proposed cost not to exceed the sum of Two Hundred, fifty NOW, THEREFORE, BE IT RESOLVED that the Chairman ment Agency be authorized to expend an amount no Hundred Fifty and no/100 Dollars, ($250.00) to C soils tests conducted to Street between "E" Street to perform said tests at a and no/100; and and Secretary of the Redevelop- t to exceed the sum of Two H J Materials Laboratory. Adopted: 8-20-70 Motion was made by Webster and seconded by Wein authorizing the adoption of Resolutions No. 2275 and 2276. The motion was carried by the following vote, to wit: ayes: Webster, Wein and Austin Noes: None Abstention: None Absent: Gutierrez SEWER MODIFICATION: Mr. Quinn stated that the Agency staff has tried all over to get other proposal for the sewer modification, and still the proposal from Arrowhead Engineering 1564 in the amount of $1,200 is the only one received. He further stated that it is his recommendation that the Agency obtain the services of Arrowhead for this work. Mr. Quinn stated that this design work can be done right away but that he would recommend that the actual construction not be started until after the Christmas season. A71 Members agreed. Mr. Sullivan, from Arrowhead Engineering, explained to the members the changes that must be made. Mr. Wein stated that he fee15 the proposal is too high and cannot approve of the Change Order to their contract for this service. The following resolution was introduced: RESOLUTION N0. 2277 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE CONTRACT AMENDMENT N0. ONE WITH ARROWHEAD ENGINEERING CORPORATION FOR "E" STREET SEWER MODIFICATION, CENTRAL CITY PROJECT N0. 1, CALIF. R-79. WHEREAS, the Redevelopment Agency of the City of San Bernardino, entered into a Contract with Arrowhead Engineering Corporation for Site Improvements, Central City Project No. 1, California R-79, on June 2, 1970; and WHEREAS, because of change in alignment on "E" Street, it will be necessary to modify the plans for the next phase of sewer work along "E" Street. The profile must be changed, Sheet 18 revised to comply with Unit 11, "E" Street Sewer, south of Second Street. Sheets 24 and 25 must be completely redesigned and redrawn; and WHEREAS, said additional work must be done in order to include the research, which must be performed to ensure proper clearance with existing utilities for new alignment of proposed sewer line. Said plans will be coordinated with Gruen Associates to comply with their Site Plans; and WHEREAS, it is now the desire of this Agency to enter into Contract Amendment No. One for the "E" Street Sewer Modifications. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be hereby authorized to execute Contract Amendment No. One with Arrowhead Engineering Corporation for sewer modification at a cost not to exceed the sum of One Thousand, Two Hundred and no/100 dollars, ($1,200.00). CONTRACT LIMIT IS NOW $7,120.00. Adopted: 8-20-70 7565 Motion was made by Webster authorizing the adoption of Resolution No. 2277. Mr. Webster assumed the Chairmanship. Mr. Austin seconded the motion. The motion was carried by the following vote, to wit: Webster and Austin Noes: Wein Abstention: None Absent: Gutierrez Mr. Austin re-assumed the Chair. ADJOURNMENT: Motion was made by Webster and seconded by Wein to adjourn the meeting at 5:40 p.m. The motion was carried by the following vote, to wit: Ayes: Webster, Wein and Austin Noes: None Abstention: None Absent: Gutierrez. 1566 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 3RD OAY OF SEPTEMBER, 7970, 323 COURT STREET ROOM 305, SAN BERNARDINO, CALIFORNIA The Chairman called the meeting to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Austin, Webster, Gutierrez and Wein Agency Members Absent: None Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel, and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of August 20, 1970 were submitted for approval. Motion was made by Wein and seconded by Webster approving the Minutes as submitted. The motion was carried by the following vote to wit: Ayes: Wein, Webster, Gutierrez, and Austin Noes: None Abstention: None Absent: None REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. HENRY S. HENSCHEL DEVELOPMENT, PARCELS 23-32, CALIF. R-10: Mr. Henschel was presented to the Members. Mr. Henschel stated that a week ago they received approval from FHA on the soil - with the use of piles. The plans have been made to reflect the piles and are now in the City Building Department and FHA for final approval. Mr. Henschel presented a letter from M. H. Golden Construction Company stating that the cost for the piling would be $77,257. Mr. Henschel requested conside- ration of reimbursement of a portion of this cost for the piling. Mr. Henschel also presented a circular from HUD, pointing out a section which stated "Available sites are rough-graded and ready for construction with all public improvements installed." Mr. Wein pointed out the letter from CHJ Material Laboratory stating that the soil underlying the proposed development by Henry Henschel are typical of that general area in San Bernardino. He stated that based on this letter, he could not agree to reimburse Mr. Henschel for any of the expense for piling. Mr. Quinn stated that in September, 1969 Pacific Materials did a soil study for Mr. Henschel. In their report they recommended piles. In May, 1970 FHA stated that piles were necessary. Mr. Henschel stated that at a meeting he attended with FHA they stated that spread footings were satisfactory. Mr. Austin stated that our soil testing laboratory has stated that the soil is normal for the area. Mr. Webster asked Mr. Varner if it would be the Agency's responsibility 1567 to deliver the land "ready for construction" as stated in the HUD circular. Mr. Varner stated that it is the Agency's responsibility to correct aqy condition that is not normal for the area; and therefore the Agency is not responsible to pay part of the expenses to be incurred for the piling. After further discussion and consideration, Mr. Wein moved in view of the soil test from CHJ Materials Laboratory and the Soil Report recommending piles from Pacific Materials, that the request for payment of a portion of the ex- pense for said piles be denied. The motion was seconded by Webster. The motion was carried by the following vote, to wit: ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None Mr. Wein asked Mr. Henschel if he was still prepared to build his proposed develop- ment in view of the denial of the Board. Mr. Henschel stated that he was. The Members asked Mr. Henschel for definite dates for his development. After review it was determined that escrow should open September 21, 1970; escrow should close October 21, 1970; and construction should start November 15, 1970. Mr. Henschel requested consideration of an extension of closing and construction starting date, in the event his funds from FHA were delayed. Mr. Quinn stated that because of the transition that is taking place in HUD he feels that a 30 day extension of these dates should be allowed. Ail members agreed. Mr. Wein stated that every month this development is delayed it costs the - public $1,000 in taxes. Mr. Henschel agreed that in the event he is unable to close escrow by November 21, 1970, he will be willing to pay the Agency $1,000 per month until escrow does close. The members accepted Mr. Henschel's offer. The following resolution was introduced: RESOLUTION N0. 2278 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN EXTENSION OF TIME TO HENRY S. HENSCHEL ET. AL. - DISPOSITION AGREEMENT WHEREAS, Henry S. Henschel has submitted a successful Offer to Purchase Reuse Parcels 23-32, Calif. R-10; and WHEREAS, Mr. Henschel has received a firm commitment for financing from FHA and is now awaiting said funds; and WHEREAS, after careful review and consideration, the Agency Members have deter- mined it to be to the best interest of the Agency and City of San Bernardino to extend all dates of the Disposition Agreement; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that an extension of time is hereby granted to Henry S. Henschel, et.al. for the purchase of Reuse Parcels 23-32, Calif. R-10, as . . follows: Escrow to Open - September 21, 1970 Escrow to Close - October 21, 1970 Constriction to Commence - November 15, 1970 1568 BE IT FURTHER RESOLVED, that in the event of delayed funds from FHA, the close of escrow shall be extended until November 21, 7970, with construction to com- mence being extended until December 15, 1970. FURTHER RESOLVED that in the event developer is unable to close escrow by November 21, 1970, said developer will pay to the Redevelopment Agency the amount of $1,000 per month until said escrow closes. FURTHER RESOLVED that said determination of the Redevelopment Agency is here9y authorized in the form of a letter Agreement by and between the Redevelopment Agency of the City of San Bernardino, California, and Henry S. Henschel et.al. Adopted: 9-3-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2278. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None Mr. Varner asked Mr. Henschel if he would agree to a letter form agreement to this extension, instead of a formal Contract Amendment. Mr. Henschel agreed. J. D. DIFFENBAUGH CONTRACT - REQUEST FOR EXTENSION & ADDITIONAL FUNDS FOR DELAYS: Mr. Austin reported that Mr. Diffenbaugh called and is unable to attend the meeting, therefore, he would recommend tabling the matter until Mr. Diffenbaugh can be present. Motion was made by Wein and seconded by Gutierrez tabling the request of J. D. Diffenbaugh for a time extension and additional funds until the next meeting. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None GRUEN ASSOCIATES - CONTRACT SUPERVISION: Mr. Jim Lim was presented to the Members. Mr. Lim apologized for his error in submitting the $23,500 proposal for contract supervision for the three level parking structure. He failed to research his files and therefore overlooked the prior commitment of $10,000 which was based on 4.5% of the estimated cost of construction of the parking structure. He stated that Gruen Associates are prepared to honor their prior pnoposal. 4.5% of the actual cost of construction is $97,335. $80,000 is already under contract for the preliminary plans. The proposal for contract supervision is therefore $17,335 - the difference between the $97,335 and $80,000. Mr. Wein asked if it is the responsibility of the Contract Supervisor to coordinate the work of the contractors/sub-contractors. Mr. Lim stated that it is. Mr. Wein stated his concern about the expenses the Agency has incurred because of poor coordination between contractors. 1569 Mr. Wein stated that the Agency incurred a $1,300 Change Order to Diffenbaugh's Contract because Gruen Associates failed to detail expansion joints on their plans. Cracks appeared in the interior plastered soffits. He stated that it is his belief that Gruen Associates is responsible for this error and should reimburse the Agency for this expense. Mr. Lim stated that they did fail to note the expansion joints for the soffits on their detailed drawings, but that he did not feel it was Gruen Associates responsibility to incur the expense. Mr. Wein stated that because of poor coordination (Contract Supervision) it is now necessary for the Agency to order Diffenbaugh to discontinue all work in the "E" Street Court, until Burke Construction Company has completed construc- tion of the pedestrian bridge. The total estimated cost for this delay is $9,600. Mr. Wein stated that if there had been proper coordination, this change would not be necessary. Mr. Lim stated that he attended a meeting with the contractors involved in the "E" Street Court to try and coordinate this work. He stated that he was assured at the conclusion of this meeting that Diffenbaugh and Burke would coordinate their work so that ones work would not interfere with the others. He stated that he did not feel Gruen Associates should be responsible because they did try to coordinate the contractors. Mr. Wein asked if he received anything in writing from Diffengaugh or Burke. Mr. Lim stated that he did not. Mr. Wein stated that it is now necessary to remove the canopy on the Third Street side of the Andreson Building to enable Burke Construction Company to construct the bridge. This was not noted on the original plans, and now the Agency realizes that it must be done. Mr. Lim stated that the Andreson Building is an anticipating Owner Participant and the time the plans were drawn, the owners agreed to remodel and bring their building in accordance with the malls needs. Mr. Wein stated that he would like to table this matter until someone from Gruen's with the authority to discuss the reimbursement to the Agency for the expenses we have incurred because of errors, can be presented. All members agreed. Motion was made by Wein and seconded by Webster to table this matter until the next regular meeting, in order that Mr. Dan Branigan can be present. The motion was carried by the following vote, to wit: ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None The Chairman directed the Agency Counsel to review Gruen's Contract regarding the Error's and Omissions clause of their contract. Mr. Austin asked Mr. Lim if he could attend the next Regular Meeting on behalf of the Agency and J. D. Diffenbaugh regarding Diffenbaugh's request for an extension of time and additional funds for delays. Mr. Lim stated that he would. CHANGE ORDER N0. 9 - J. D. DIFFENBAUGH: Mr. Austin stated that this Change is for the discontinuance of work on the 1570 "E" Street Court in order that Burke Construction can construct the pedestrian bridge. Mr. Quinn stated that this has already been done, upon poling all the Board Members by phone. The following resolution was introduced: RESOLUTION N0. 2279 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE CHANGE ORDER NO. 9 WITH THE J. D. DIFFENBAUGH COMPANY, SITE PREPARATION UNIT NO. 2 CONTRACT, PUBLIC MALL CONSTRUCTION CONTRACT, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into a Contract with the J. D. Diffenbaugh Company for Site Preparation Unit No. 2, California, R-79, dated June 27, 1969; and WHEREAS, Burke Construction Company is in the progress of constructing the Pedestrian Bridge that crosses "E" Street from the Mall to the Public Area; and WHEREAS, J. D. Diffenbaugh Company, Inc., will have to discontinue ail operation in the "E" Street Court until said Bridge has been completed except for finish work; and WHEREAS, J. D. Diffenbaugh has requested the sum of $100.00 per day for each day beyond his Contract plus $600.00 for bringing Subcontractors back in; and WHEREAS, an Agreement has been reached with Diffenbaugh Project Superintendent, Tom Loveday, for the starting date, for $100 a day payment, to begin the day after the Agency has accepted the Mall or the date after the bridge has been completed by Burke Construction Co., whichever is later. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency and the J. D. Diffenbaugh Co., Inc., be authorized to enter into Change Order No. 9 for an amount not to exceed Nine Thousand, Six Hundred and no/100 ($9,600.). Adopted: 9-3-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2279. The motion was carried by the following vote, to wit: ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None REMOVAL OF CANOPY ANDRESON BUILDING, CALIF. R-79: Mr. Austin stated that three bids have been received for the removal of the canopy on the Andreson Building, in order that Burke Construction can construct the pedestrian bridge. The lowest bid wes received from Carel and Gregory in the amount of $854.17. Mr. Webster asked Mr. Varner if there could be any possible conflict of interest in this bid, in that City Councilman Norris Gregory is a partner in this company. Mr. Varner stated that he could see no conflict of interest. Mr. Wein asked if the Contract itself will provide for the finish- ing of the building, so that it would not appear that a canopy was removed. Mr. 1571 Jones, Operations Officer, stated that all firms were aware that this is required, and that it would be so incorporated into the contract. After dis- cussion, the following resolution was introduced: RESOLUTION NO. 2280 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIR- MAN AND SECRETARY TO ENTER INTO CONTRACT WITH CLIFF CAREL ,GENERAL BUILDING CONTRACTOR FOR THE REMOVAL OF CANOPY FROM SOUTH SIDE OF ANDRESON BUILDING, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, in order for the Pedestrian Bridge being constructed by Burke Construction Company to be completed, it has become necessary to remove Canopy from the South side of the Andreson Building, cut back electrical wires and to finish the elevation with no evidence of said Canopy having existed; and WHEREAS, this Agency solicited three bids for said work; and WHEREAS, it is apparent that the bid of Cliff Carel, General Building Contractor submitted the best qualified bid for said work. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency and Cliff Carel, General Building Contractor be authorized to enter a Contract for a sum not to exceed the sum of EIGHT HUNDRED FIFTY FOUR AND 17/100, ($854.17). Adopted: 9-3-70 Motion was made by Wein and seconded Resolution No. 2280. The motion was Ayes: Webster, Wein, Gutierrez and Absent: None by Webster authorizing the adoption of carried by the following vote, to wit: Austin Noes: None Abstention: None RESOLUTION - AFFIRMATIVE ACTION: Mr. Boyce Harper stated that this resolution is actually just formalizing the Agency's policies of the past. HUD has requested that this resolution be adopted in order to revise Code 103, Report on Urban Renewal Area, in our Survey and Planning Application for the State College Project. After discussion, the following resolution was introduced: RESOLUTION N0. 2281 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING POLICY FOR AN AFFIR- MATIVE ACTION PROGRAM FOR ETHNIC MINORITIES WHEREAS, the Redevelopment Agency of the City of San Bernardino desires to establish policy for an Affirmative Action Program to be taken in facilitating equal opportunities for ethnic minorities within a Redevelopment Project area; and 1572 WHEREAS, the Agency intends to conduct such a program in all HUD assisted construction projects within the Urban Renewal areas in the City of San Ber- nardino; and WHEREAS, the Redevelopment Agency intends to establish under this program equal housing opportunities for ethnic minorities in project areas as established by the Redevelopment Agency and the City of San Bernardino; and WHEREAS, the Redevelopment Agency intends to establish equal business opportu- nities for ethnic minorities within a project area as established by the Redevelop- ment Agency and the City of San 6ernardino. NOW, THEREFORE, BE IT RESOLVED that the Affirmative Action Program attached hereto and made a part hereof and marked as Exhibit "A" to this Resolution be approved and established as the Affirmative Action Program for the Redevelopment Agency of the City of San Bernardino. Adopted: 9-3-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2281. The motion was carried by the following vote, to wit: {ryes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None EXHIBIT "A" TO RESOLUTION NO. 2281 A. HUD ASSISTED CONSTRUCTION PROJECTS Affirmative action will be taken in facilitating opportunities for contractors and entrepreneurs in the construction field for ethnic minorities. The Affirmative Action Program means that the Redevelopment Agency will set forth goals and time tables to assure employment opportunities for minorities. In addition, the Redevelopment Agency will solicit and assist ethnic minority contractors to bid on jobs initiated by the Redevelopment Agency. To the extent possible, resident contractors and trade workers of the City of San Bernardino will be utilized. However, in absence of expertise or technical personnel the Redevelopment Agency will look elsewhere for needed assistance. B. HOUSING OPPORTUNITIES The Redevelopment Agency will implement Affirmative Action Program for tenants selection to insure equitable ethnic minority home ownership and rental opportunities. For each project a specific goal will be established by the Redevelopment Agency and the ethnic minority leadership to affect the aforementioned. 1573 BUSINESS OPPORTUNITIES The Redevelopment Agency, at the earliest possible date, will inform the ethnic minority community, by way of best means possible, of job opportunities that will be becoming available within the near future, To the extent possible, the entire ethnic minority community will be notified of the development of business facilities and will be solicited for their involvement to partake in all business ventures. OFFER TO PURCHASE, HOTEL SITE: Mr. Hal Smith was presented to the Members. Mr. Smith stated that he represents Sunset San Bernardino Corporation. The corporation is now in the process of being formed in Sacramento. This corporation proposes to build a 15 story, 150 - 225 room hotel on the corner of Third and "E" Streets. A rendering was presented. Mr. Wein stated that the Offer to Purchase contains quite a few contingencies. Mr. Smith stated that the only major contingency is that of their obtaining a feasibility study for the hotel. This Feasibility study should be ready within two weeks. Their proposed tenant requires this study. Mr. Smith stated that said proposed tenant has supplied them with a letter stating that if the Feasibility Study shows that the site is feasible as to occupancy and size they will enter into a lease. Mr. Smith stated that as soon as this study is ready they will have no problems with going ahead on the escrow. Mr. Wein asked Mr. Smith what relation he has with the firm. Mr. Smith stated that he will be involved in the ownership of the hotel. Mr. Wein pointed out that a Realtors Statement has been executed naming Mr. Richard Prosser as realtor to receive the Finders Fee. Mr. Prosser was intro- duced to the Members. Mr. Smith stated that it was Mr. Prosser who pointed the site out to him. Mr. Prosser stated that he is putting several sites together for the Sunset San Bernardino Corporation. Mr. Quinn stated that Hal Smith has been in the office many times discussing possible development of the hotel site. He did not meet Mr. Prosser until well after Mr. Smith had been in the office discussing the site. He further stated that until this meeting it had not been brought to his attention that Hal Smith would be a partner in this Corporation. Mr. Quinn stated that up until this meeting he had considered Mr. Smith and Mr. Prosser as working together on behalf of the Agency to find a developer for the hotel site. Mr. Varner stated that in view of Mr. Smith's statement that he will be involved in the ownership of Sunset San Bernardino, a finders fee could not be paid. If arty principal or prospective principal of a firm contacts the Agency regard- ing a prospective site, a finders fee cannot be paid. A finders fee is paid to someone who finds a developer for Agency property. Mr. Smith stated that he has not invested arty money in the corporation. He is only a prospective owner, and might not be able to become a partner. His name is not on the Public Disclosure Statement submitted to the Agency. 1574 Mr. Glassock, Real Estate Manager, stated that he spoke to Hal Smith in February or March of this year, generally about property in the west end. Some time later Mr. Prosser and Mr. Smith came into the office and discussed the hotel site and west end. Mr. Quinn was not introduced to Mr. Prosser until sometime in July. It was at this time that he came in alone, and said that an offer was coming in. After further discussion, the members determined that the matter should be tabled until the feasibility study is obtained by Sunset San Bernardino Corporation, and a firm offer to purchase this parcel can be submitted. At this time the matter of a finders fee can be resolved. Mr. Austin stated that the Agency can table all offers to purchase this parcel until a certain date. Motion was made by Wein and seconded by Webster to table any and all offers to purchase the hotel site until the first regular meeting in October, 1970. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez, and Austin Noes: None Abstention: None Absent: None OTHER BUSINESS: California Theater - Mr. Varner stated that the California Theater has inquired o t e City, i t ere would be any possibility of financing the remodeling of their theater, in order that San Bernardino could have a performing arts theater and convention center now. He further stated that he has met with Mayor Ballard regarding the possibility of Agency assistance. The matter has been carefully reviewed, and we are now working out a plan to submit to the board at a later date, whereby, the Agency could render assistance by purchasing the building and deeding it to the City. The City will then be provided with a performing arts theater. Messrs. Finwall and Jenks, representing the San Bernardino Civic Light Opera Association, were presented to the Board. Mr. Finwall presented the rendering of the remodeled California theater. He stated that there is a $732,000 balance on their loan for the theater. $200,000 is needed to fully complete the remodeling with provisions fora convention center. He stated that it is his belief that by the time the City constructs the City Cultural Center, San Bernardino will need two performing arts theaters, because of the proposed hotel, mall and other facilities. Mr. Varner stated that there is no action needed to be taken by the Board at this time. Representatives from the San Bernardino Civic Light Opera Association will be presented to the Council, and upon their determination, it could be presented to the Agency for assistance. At that time it will be further reviewed and brought back to the Board. Mr. Austin thanked Messrs Finwall and Jenks for their presentation. Plaque Location - Mr. Quinn requested a determination by the Board for the loca- tion of the Plaque for the Public Mall. After discussion, motion was made by Webster and seconded by Wein to have the plaque installed in the mall, East Court. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None 1575 Distribution Re ort of Funds - Mr. Webster presented a Distribution Report of gency fun s to t e P1em ers. The report was read and explained. Redevelo ment Fund Re ort - The report submitted by Carl Walsten on the R-10 Re eve opment Fun was reviewed and explained. Mr. Varner stated that the report is in order. AD~OURNh1ENT: Motion was made by Webster and seconded by Wein to adjourn the meeting at 6:25 p.m. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None. 1576 MINUTES OF THE REGULAR MEETING OF THE REDEVELOP- MENT AGENCY OF THE CITY OF SAN BERNARDINO, CALI- FORNIA HELD THE 17TH DAY OF SEPTEMBER, 7970, 323 COURT STREET, SAN BERNARDINO, CALIFORNIA The meeting was called to order at 4:15 p.m. Roll Call showed the following: Agency Members Present: Austin, Webster and Wein Agency Members Absent: Gutierrez Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of September 3, 1970 were submitted for approval. Motion was made by Webster and seconded by Wein approving the minutes as submitted. The motion was carried by the following vote, to wit: Ayes: Webster, Wein and Austin Noes: None Abstention: None Absent: Gutierrez EXPENDITURES: The expenditures of the month of August, 1970 were submitted far approval. Motion was made by Webster and seconded by Wein authorizing approval of the expenditures as submitted. The motion was carried by the following vote, to wit: Ayes: Webster, Wein and Austin Noes: None Abstention: None Absent: Gutierrez Mr. Austin stated that he would like to appoint a committee of two members to draft a policy for board review regarding reimbursable expenses incurred in conjunction with entertainment costs. Mr. Austin further stated that this would be in regards to prospective developers and such. Mr. Wein stated that he personally would be opposed to any reimbursement other than for official functions. Mr. Webster and Mr. Wein stated that they would draft a policy for board review regarding this matter. Mr. Webster stated that the Investment Report points out the new investments made with the $10,500,000 promissory note funds. He stated that the money is invested at 7.5% and the Agency's note is for 7%. REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. J. D. DIFFENBAUGH - REQUEST FOR EXTENSION OF TIME AND ADDITIONAL FUNDS FOR CONTRACT DELAYS: Mr. J. D. Diffenbaugh was presented to the Members. Mr. Diffenbaugh's request is for 115 days extension to contract completion date, due to inclement weather and the Stop Notice of 107 days issued by the Agency. A further request for $200 per day for 21 days, fora total amount of $4,200, because of project delay from June 11, 1970 until July 10, 1970 was also made. 1577 Mr. Wein stated that at a meeting held in the mall with Mr. Diffenbaugh on July 2nd, the Agency was told that if it did not issue a stop order that day, the Agency would be charged $200 per day for delays. Mr. Diffenbaugh stated that apparently there was some misunderstanding. He actually meant that the Agency was spending $200 per day, and would continue spending this sum until the stop order is issued. Mr. Diffenbaugh further stated that in his letter of May 29th to the Agency, he advised that if his firm didn't have a decision on the Change Order by June 11th, the job overhead would be directly affected in the amount of $200 per day. Mr. Diffenbaugh's letter of May 29th was reviewed. The letter stated that the work is scheduled to start no later than June 17, 1970. In the event they do not receive the Change Order by June 11th, they will need a 90 day time extension. It further stated that an extension beyond the 90 day period would bear the project cost of $200 per day. The members stated that it is their interpretation that the Agency had 90 days from June 11th before the $200 per day penalty would incur. Mr. Diffenbaugh stated that he would be willing to settle the matter through arbitration. Mr. Varner suggested that a work-shop meeting be scheduled to try to settle this matter, and if it cannot be resolved in this manner, then arbitration proceedings could be started. All parties agreed. Motion was made by Wein and seconded by Webster scheduling a work-shop meeting to be held Tuesday, September 22, 1970, at 2:00 p.m., between - all parties involved. The motion was carried by the following vote, to wit: Ayes: Wein, Webster and Austin Noes: None Abstention: None Absent: Gutierrez RENTAL AGREEMENT - FIDELITY CAPITAL: Mr. Quinn stated that Fidelity Capital has requested authorization to rent a portion of Reuse Parcels 75, 16, 136 and 17, in order that they can establish a temporary facility on this property, until their six story office building is ready for occupancy. The Agency proposes to charge $300 per month for this area. Mr. Varner stated that the normal Rental Agreement should be executed with the necessary insurance clauses. Mr. Quinn advised that their escrow is scheduled to close December 31, 1970, construction to start April 15, 1971, with completion scheduled for April 15, 1972. Mr. Wein requested that. the rental agreement specify that the structure will be removed upon completion of their six story office build- ing, no later than April 15, 1972. All members agreed. The following re- solution was introduced. RESOLUTION N0. 2282 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING RATE OF RENT AND AUTHORIZING EXECUTION OF RENTAL AGREEMENT WITH FIDELITY CAPITAL CORPORATION 1578 WHEREAS, the Redevelopment Agency of the City of San Bernardino has entered into a Disposition Agreement with Fidelity Capital Corporation for the pur- chase of Reuse Parcels 15, 16, portions of 13b and 17, Meadowbrook Project No. 1, Calif. R-70; and WHEREAS, said escrow is to close on or before December 31, 1970, with con- struction to begin on or before April 15, 1971 and to proceed to completion by April 15, 1972; and WHEREAS, Fidelity Capital Corporation desires to rent certain portions of said land for a temporary structure to be erected thereon, and to be removed upon completion of their six story office building; however, no later than April 15, 1972; and WHEREAS, the rental rate has been established at $300.00 per month, with rent to begin October T, 1970 and to terminate at the close of escrow. NOW, THEREFORE, BE IT RESOLVED that the Chairman and Secretary are hereby authorized to enter into a Rental Agreement with Fidelity Capital Corporation, which Agreement is to include the terms set forth above. Adopted: 9-17-70 Motion made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2282. The motion was carried by the following vote, to wit: Ayes: Wein, Webster and Austin Noes: None Abstention: None Absent: Gutierrez TRAVEL - REHABILITATION AND RENEWAL WORKSHOP: Mr. Quinn requested authorization fora member of the staff to attend a Rehabilitation and Renewal Workshop in San Francisco, October 25-30, 1970. He explained that the pending State College Project is primarily a rehabilitation project, and that the Staff is not familiar with this stage of urban renewal. The following resolution was introduced: RESOLUTION NO. 2283 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING ONE STAFF MEMBER TO TRAVEL TO SAN FRANCISCO, CALIFORNIA, OCTOBER 25-30, TO ATTEND REHABILITATION AND RENEWAL WORKSHOP WHEREAS, Resolution No. 2043 of the Redevelopment Agency of the City of San Bernardino, California, requires that each trip made by an Agency Member or Staff Member outside of the City of San Bernardino be specifically authorized by a Resolution of the Agency Members; and WHEREAS, it is found essential for one staff member to travel to San Francisco, California, October 25-30, 1970, to attend the 8th National Codes Workshop - (Rehabilitation and Renewal Workshop). NOW, THEREFORE, gE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency does hereby authorize one staff member to travel to San Francisco, California, to attend the 8th National Codes Workshop, to be held October 25-30, 1970, and his travel expenses are hereby approved in accordance with Resolution No. 2043, as amended. Adopted: 9-17-70 1579 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2283. The motion was carried by the following vote, to wit: Ayes: Wein, Webster and Austin Noes: None Abstention: None Absent: Gutierrez ARROWHEAD ENGINEERING CONTRACTS: Mr. Quinn explained that the Agency has three contracts with Arrowhead Engineering wherein the contract provides that any change in the Prevailing Fee Schedule published yearly by .the California Council of Civil Engineers and Land Surveyors, shall be renegotiated between the parties. He stated that this change would not increase the upset figures for the contracts. The following resolutions were introduced: RESOLUTION N0. 2284 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT N0. 2 WITH ARROWHEAD ENGINEERING FOR PROFESSIONAL SERVICES, CALIF. R-10 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with Arrowhead Engineering for professional ser- vices for Calif. R-10 on April 24, 1969; and WHEREAS, Section 3 of said Agreement provides for renogotiation com- pensation for services rendered in fulfillment of said Contract; and WHEREAS, any change of rates shall be determined by using the "prevail- ing fee schedule" published yearly by the California Council of Civil Engineers and Land Surveyors; and WHEREAS, both parties to said Agreement desire to change the "prevailing fee schedule" to read as follows: Two-Man Survey Party $30.05 per hour Three-Man Survey Party 42.05 per hour Supervision & Conference Time 17.80 per hour Drafting 12.80 per hour Computations 14.70 per hour Other Office Work 14.70 per hour NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that its Chairman and Secretary are hereby authorized to execute Contract Amendment No. 2, with Arrowhead Engineering for professional services increasing the prevailing fee schedule in accord- ance with the most current schedule established by the California Council of Civil Engineers and Land Surveyors. Adopted: 9-17-70 1580 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2284. The motion was carried by the fallowing vote, to wit: Ayes: Wein, Webster and Austin Noes: None Abstention: None Absent: Gutierrez RESOLUTION N0. 2285 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT N0. 2 WITH ARROWHEAD ENGINEERING FOR PROFESSIONAL SERVICES, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with Arrowhead Engineering for professional services for Calif. R-79, on April 24, 1969; and WHEREAS, Section 3 of said Agreement provides for renegotiation of com- pensation for services rendered in fulfillment of said Contract; and WHEREAS, any change of rates shall be determined by using the "prevail- ing fee schedule" published yearly by the California Council of Civil Engineers and Land Surveyors; and WHEREAS, both parties to said Agreement desire to change the "Prevailing Fee Schedule" to read as follows: Two-Man Survey Party $30.05 per hour Three-Man Survey Party 42.05 per hour Supervision & Conference Time 17.80 per hour Drafting 12.80 per hour Computations 14.70 per hour Other Office Work 14.70 per hour NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that its Chairman and Secretary are hereby authorized to execute Contract Amendment No. 2 with Arrowhead Engineering far professional services increasing the prevailing fee schedule in accord- ance with the most current schedule established by the California Council of Civil Engineers and Land Surveyors. Adopted: 9-17-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2285. The motion was carried by the following vote, to wit: Ayes: Wein, Webster and Austin Noes: None Abstention: None Absent: Gutierrez RESOLUTION N0. 2286 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT Na. 6 WITH ARROWHEAD ENGINEERING FOR SURVEY SERVICES, CALIF. R-79 1581 WHEREAS, the Redevelopment Agency of the City of San Bernardino entered into a Contract with Arrowhead Engineering for Survey Services for the Central City Project dated the 15th day of November, 1967; and WHEREAS, the Agency executed Contract Amendment No. 1 dated August 6, 1968, Amendment No. 2 dated November 19, 1968, Amendment No. 3 dated May 26, 1969, Amendment No. 4 dated December 30, 1969 and Amendment No. 5 dated July 28, 1970; and WHEREAS, it is now the desire of the Agency to enter into Contract Amendment No. 6 changing the hourly rates of the Contractor to co- incide with the prevailing fee schedule of the California Council of Civil Engineers and Land Surveyors, retroactive to August 7, 1970. 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 execute Contract Amendment No. 6 with the Arrowhead Engineering Corporation for Survey Services Contract. Contract Limit remains at $52,500,00. Adopted: 9-17-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2286. The motion was carried by the fiollowing vote, to wit: Ayes: Wein, Webster and Austin Noes: None Abstention: None Absent: Gutierrez TRAVEL - HEALTH INSURANCE MEETING: Mr. Quinn requested authorization to send Joan Grace to Monterey, September 21-22, 1970 to attend a Health Insurance Meeting. After dis- cussion, the following resolution was introduced: RESOLUTION N0. 2287 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING MRS. JOAN GRACE TO TRAVEL TO MONTEREY, CALIFORNIA, SEPTEMBER 27-22, 1970 TO ATTEND HEALTH INSURANCE MEETING WHEREAS, Resolution No. 2043 of the Redevelopment Agency of the City of San Bernardino, CAlifornia, requires that each trip made by an Agency Member or Staff Merrd>er outside of the City of San Bernardino be speci- fically authorized by a Resolution of the Agency Members; and WHEREAS, it is found essential for Mrs. Joan Grace to attend a Health Insurance Meeting to be held in Monterey, California, September 21-22, 1970. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency does hereby authorize Mrs. 1582 Joan Grace to travel to Monterey, California, September 21-22, 1970, to attend a Health Insurance Meeting, and her travel expenses are hereby approved in accordance with Resolution No. 2043, as amended. Adopted: 9-17-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2287. The motion carried by the following vote, to wit: Ayes: Wein, Webster and Austin Noes: None Abstention: None Absent: Gutierrez REVIEW OF BIDS - "E" STREET STORM DRAIN Mr. Quinn explained that bids were solicited for the "E" Street Storm Drain. An addendum was also submitted for the storm drain within the 3-level parking structure site. Donavan Construction Company, contractor for the parking structure, was requested to submit a bid for the storm drain within the 3- level parking structure site. Their Figure was $32,910.47, plus $432 penalty for every day of delay. Bids were opened at 10:00 a. m. today for both of these storm drains. 0. B. "Bud" Northington submitted the low bid of $43,879 for the "E" Street Storm Drain and $22,648 for the 3-level parking structure storm drain. Mr. Varner stated that he has examined the bid and it is in proper form. Mr. Quinn further explained that if the Agency awards the contract to the low bidder for both storm drains, we will still have a Change Order to Donavan for the $432 per day penalty for his delays. Donavan Construction Company estimates that the delay will be approximately 15 days or $6,480. The Members were concerned as to why the storm drain was not installed prior to the start of construction of the parking structure. Mr. Quinn explained that Gruen's concept calls for the storm drain to be installed by others. The City has requested that these storm drains be installed at this time. Mr. Wein stated that Gruen Associates, as Contract Supervisor, should have foreseen this problem and advised the Agency that this drain be put in prior to start of the parking structure. Mr. Jones, Operations Officer, stated that Mr. Jim Lim of Gruen Associates stated that he thought the storm drain was already installed under the parking structure. All Members expressed their concern of the lack of coordination. Mr. Wein requested that a list of expenditures incurred because of errors be compiled in order that the Agency can request clarification from Gruen regarding said errors. Mr. Quinn stated that such a list will be prepared. Mr. Wein stated that he would be in favor of awarding the 3-level contract to the low bidder, provided a working agreement could be negotiated between Northington and Donavan wherein no more than the 15 days would be lost to Donavan's contract. After further discussion and consideration, the following resolution was introduced: 7583 RESOLUTION N0. 2288 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIR- MAN AND SECRETARY TO ENTER INTO CONTRACT WITH 0. B. "BUD" NORTHINGTON, INC., FOR SITE PREPARATION UNIT ll-A, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, the Agency has under date of March 21, 1967 entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for it's Central City Project No. 1, Calif. R-79, under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract, the Agency is undertaking certain activities necessary for the execution of the Central City Project, Calif. R-79; and WHEREAS, the Agency invited competitive sealed bids for the construction of a storm drain on "E" Street from Second Street to Court Street, in- cluding new junction structure at Second Street, including a 30 inch storm drain line and laterals within the 3 level parking structure; and WHEREAS, an Invitation for Bids therefore was duly published in the San Bernardino Sun Telegram, a newspaper of general circulation far two weeks and an Affidavit showing such publications are on file in this Agency; an d WHEREAS, a number of such bids were received at the time and place speci- fied and said bids were opened and read aloud. in public. The lowest qualified bid was offered by 0. B. "Bud" Northington, Inc., in the amount of Forty Three Thousand, Eight Hundred and Nineteen and no/100 Dollars; and WHEREAS, the Redevelopment Agency of the City of San Bernardino has accept- ed the bid of 0. B. "Bud" Northington, Inc., as it is in the best interest of this Agency to accept the bid of this Contractor. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that subject to the approval of the Contractor by the Department of Housing and Urban Development, the bid of 0. B. "Bud" Northington, Inc., in the amount of Forty Three Thousand, Eight Hundred and Nineteen and no/100 Dollars, ($43,819.00) be hereby accepted and the Chairman and Secretary be authorized to execute the Contract for Site Pre- paration Unit 11-A, Central City Project, Calif. R-79, on behalf of the Agency. Adopted: 9-17-70 Motion was made by Wein, seconded by Webster authorizing the adoption of Resolution No. 2288 authorizing the Chairman and Secretary to execute con- tract with Northington, Inc. for the "E" Street Storm Drain, and directing the Executive Director to negotiate with the contractors involved for the installation of the storm drain within the 3-level parking structure area. The motion was carried by the following vote, to wit: Ayes: Wein, Webster and Austin Noes: None Abstention: None Absent: Gutierrez 1584 OTHER BUSINESS: California Theater - Mr. Varner explained that he has discussed with HUD t e posse i ,ty of purchasing the California Theater and deeding it to the City, in order that the City of San Bernardino could have the use of a performing arts theater. HUD stated that this would be possible. Mr. Varner requested authorization to present this plan, as originally was conceived three weeks ago, for their review. If the Council agrees to this plan, it will then come before our board for authorization to proceed with negotiations with the Civic Light Opera Association to determine the cost of purchase. Mr. Varner stated that he was contacted by the Mayor about three weeks ago regarding any possibility of preserving and remodeling the California Theater. We did not know at that time if there would be any conflict re- garding the California Theater and the proposed Cultural Center the City will be constructing. The Council has determined there would be no con- flict. After further discussion, motion was made by Wein and seconded by Webster authorizing the Executive Director and Agency Counsel to present the Agency's concept of preserving the California Theater, with the approximate costs involved. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, and Austin Noes: None Abstention: None Absent: Gutierrez Newspaper Article - Mr. Webster read a portion of a newspaper article which appeared in the Sun Telegram September 12, 1970, wherein the former Chairman of the Agency Board was granted a 60-day stay on jail sentence, by Judge W. Gray, on the grounds that his presence in San Bernardino over the next two months is vital to downtown redevelopment and various City projects in which he is involved. Mr. Webster stated that he believes the Agency should direct a letter to Judge Gray informing him that Mr. Hodgdon is not involved in any way with the Redevelopment Agency's projects. Mr. Wein stated that he would be opposed to this procedure and would rather forget the matter. Mr. Austin suggested that the matter be tabled until a later meeting. Motion was made by Wein and seconded by Webster tabling the matter until a later date. The motion was carried by the following vote, to wit: Ayes: Wein, Webster and Austin Noes: None Abstention: None Absent: Gutierrez Public Hearing - Mr. Austin stated that he is sure all members are aware of the Public Hearing scheduled for September 21, 1970 in the Council Chambers, wherein the Agency will be asked to answer certain allogations. He requested that all Board be present at this hearing. Henry S. Henschel, et al - Mr. Quinn advised that Henry Henschel has requested t ate tie name of his firm in the purchase of Reuse Parcels 23- 32 be changed from Henry S. Henschel et. al. to Meadowbrook Park and Tower Apartments. After discussion, the following resolutions was introduced: 1585 RESOLUTION N0. 2289 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, SCHEDULING PUBLIC HEARING FOR OCTOBER 1, 1970, FOR CHANGE OF NAME FROM HENRY S. HENSCHEL ET. AL. TO MEADOWBROOK PARK AND TOWER APART- MENTS, IN THE PURCHASE OF REUSE PARCELS 23-32, MEADOW- BROOK PROJECT N0. 1, CALIF. R-l0 WHEREAS, title to the Meadowbrook Project No. 1, Calif. R-10 Reuse Parcels 23-32 was to be vested in Henry S. Henschel, M. H. Golden Construction Co., and Robert S. Erwin, a partnership; and WHEREAS, this group has made application for corrunittment from FHA in the name of Meadowbrook Park and Tower Apartments, a limited partnership; and WHEREAS, the partners in Meadowbrook Park and Tower Apartments, a limited partnership, are the same as the original vestee. NOW, THEREFORE, BE IT RESOLVED that the vesting of Meadowbrook Project No. 1, Reuse Parcels 23-32 is to be in Meadowbrook Park and Tower Apartments, a limited partnership, subject to a Public Hearing to be held October 1, 1970. Adopted: 9-17-70 Motion was made by Webster and seconded by Wein authorizing the adoption of Resolution No. 2289. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, and Austin Noes: None Abstention: None Absent: Gutierrez ADJOURNMENT: Motion was made by Webster and seconded by Wein to adjourn the meeting at 6:15 p.m. The motion was carried by the following vote, to wit: ayes: Webster, Wein and Austin Noes: None Abstention: None Absent: Gutierrez 1586 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 1ST DAY OF OCTOBER, 1970, 323 COURT STREET, ROOM 305, SAN BERNARDINO, CALIFORNIA The Meeting was called to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Austin, Wein, Webster and Gutierrez Agency Members Absent: None Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary ELECTION OF OFFICER: Mr. Varner reported that the Agency must elect a new Vice Chairman, in that Mr. Wilson has left the Agency Board. Mr. Wein nominated George Webster for the office of Vice Chairman due to his great interest in Agency projects, his diplomacy and seniority. Mr. Gutierrez seconded the motion, and it was unanimously carried. Mr. Wein moved that the nominations be closed, Mr. Gutierrez seconded the motion and it was unanimously carried. Motion was made by Wein and seconded by Gutierrez appointing Mr. E. George Webster as Vice Chairman of the Agency Board. The motion was carried by the following vote, to wit: Ayes: Austin, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None MINUTES: Mr. Wein requested that on Page 2, under RENTAL AGREEMENT - FIDELITY CAPITAL his request read, "Mr. Wein requested that the rental agreement specify that the structure will be removed upon completion of their six story office build- ing, no later than April 15, 1972". The Minutes as presented did not specify the date of April 15th. Mr. Quinn stated that the Minutes would be changed. Motion was made by Wein and seconded by Gutierrez approving the minutes as revised. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Webster and Austin Noes: None Abstention: None Absent: None PUBLIC HEARING - HENRY HENSCHEL DEVELOPMENT: Mr. Austin reported that this is the time and place designated for the Public Hearing for the change of name only, for the purchase of Reuse Parcels 23-32, R-10, from Henry S. Henschel, M. H. Golden Construction Co., and Robert S. Erwin, a partnership, to Meadowbrook Park and Tower Apartments, a limited partnership. Mr. Austin explained that none of the principals in the partner- ship have changed. Mr. Varner stated that the documents are available for examination. There being no questions or objections, the public hearing was closed. REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. 1587 HENRY S. HENSCHEL DEVELOPMENT - CHANGE IN NAME ONLY: The following resolution was introduced: RESOLUTION N0. 2290 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING CHANGE OF NAME FOR PURCHASE OF REUSE PARCELS 23-32, R-10, FROM HENRY S. HENSCHEL ET. AL. TO MEADOWBROOK PARK AND TOWER APARTMENTS, A LIMITED PARTNERSHIP WHEREAS, Resolution No. 2289, adopted 9-17-70, authorized a Public Hearing to be held October 1, 7970, for the change of name only for the purchase of Reuse Parcels 23-32, Calif. R-10, from Henry S. Henschel, M. H. Golden Construction Co., and Robert S. Erwin, a partnership, to Meadowbrook Park and Tower Apartments, a limited partnership; and WHEREAS, said public hearing was held and no objections were voiced. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the vesting of Meadowbrook Project No. 1 Reuse Parcels 23-32 is hereby authorized to be changed to Meadowbrook Park and Tower Apartments, a limited partnership. Adopted: 70-1-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2290. The motion was carried by the follow- ing vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None OFFER TO PURCHASE - HOTEL SITE: Mr. Austin stated that this is the time and place designated for the re- view of Sunset San Bernardino's proposal to purchase Reuse Parcf:ls 46 & 47, Calif. R-79, known as the Hotel Site. Mr. Wein stated that he does not hold any interest in the Sunset San Bernardino Corporation. Mr. Austin explained that Sunset San Bernardino has revised their Offer in that the only major con- tingency is that they be allowed 90 days to obtain financing, with their deposit being refundable if they are unsuccessful. This 90 day period is needed to have the preliminary plans prepared. These plans are needed to secure financing. Mr. Webster pointed out that the corporation has withdrawn their designation of Mr. Prosser as realtor to receive the finders fee. Mr. Prosser has notified the Agency by letter that he will now have an interest in the development. There was much discussion regarding this 90 day period. Mr. Varner stated that our standard Agreement allows for the deposit to be refundable, if the developer shows proper effort in trying to obtain financing but is unable to do so. 1588 Mr. Webster stated that this is the first and only written offer the Agency has received to purchase the Hotel Site, and he would like to encourage this corporation, but authorizing the deposit to be refundable if financing cannot be obtained within the 90 day period, less any costs incurred by the Agency during this period regarding the sale. If the corporation requests an extension of time beyond this 90 day period, the deposit could be retained if they are still unsuccessful. After careful review, the following resolution was introduced: RESOLUTION NO. 2297 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, DETERMINING THAT SUNSET SAN BERNARDINO IS QUALIFIED TO REDEVELOP REUSE PARCELS 46 f, 47, CALIF. R-79 AND AUTHORIZING THE PUBLICATION OF THE "REDEVELOPERS STATEMENT FOR PUBLIC DISCLOSURE" AND NOTICE OF PUBLIC HEARING. WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to dispose of certain parcels of land in the Central City Project, Calif. R-79, to qualified redevelopers; and WHEREAS, the Agency has offered certain parcels of land for sale under the fixed price competition method setting forth criteria by which proposals to redevelop the offered parcels would be evaluated; and WHEREAS, Sunset San Bernardino, a corporation to be formed, has submitted an Offer to Purchase Reuse Parcels 46 and 47, Calif. R-79 (the Hotel Site), based upon the contingency that they be given 90 days to secure financing; and WHEREAS, the Agency Members have reviewed the offer thoroughly. NOW> THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, has determined that the proposal of Sunset San Bernardino is in the best interest of the Central City Project and the Redevelopment Agency; and that the Agency is authorized to publish the "Redeveloper's Statement for Public Disclosure" and a Notice of Public Hearing, subject to HUD approval. BE IT FURTHER RESOLVED that said-acceptance is subject to the following con- ditions: 1. The $9,203.00 Security Deposit is refundable, except for Agency expenses connected with the transaction, up to January 1, 1971, should the Sunset San Bernardino Corporation not be able to secure satisfactory financing, interium and long term, for the development of the Hotel. 2. The $9,203.00 deposit is non-refundable after January 1, 1971. Adopted: 10-1-70 1589 Motion was made by Webster and seconded by Wein authorizing the adoption of Resolution No. 2291. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, and Gutierrez Noes: Austin Absent: None Abstention: None INCREASE UPSET FIGURE - KRUEPER ENGINEERING MALL INSPECTION CONTRACT: Mr. Quinn explained that now that the Mall completion date is anticipated in December, it will be necessary to increase the upset figure of Krueper Engineering's contract to carry through this additional period. After discussion, the following resolution was introduced: RESOLUTION N0. 2292 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE CONTRACT AMENDMENT N0. 2 FOR RESIDENT CONSTRUCTION SUPERVISION INSPECTION SERVICES, CENTRAL CITY PROJECT N0. 1, KRUEPER ENGINEERING AND ASSOCIATES WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with Krueper Engineering and Associates for Re- sident Construction Supervision, Inspection, Services for the construction of the Central City Mall Unit No. 2, under Contract dated July 31, 1969; and WHEREAS, it became necessary to enter into Contract Amendment No. 1 with Krueper Engineering and Associates because of extended construction on June 24, 1970; and WHEREAS, it now appears that the Mall and "E" Street Court construction will extend until on or about January of 1977; and WHEREAS, it is in the best interest of the Agency to continue the present Resident Construction Services; and NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be hereby authorized to execute Contract Amendment No. 2 with Krueper Engineering and Associates for Resident Construction Inspection Supervision Services for an additional fee of $7,500.00. Revised Contract Limit not to exceed $42,208. Adopted: 10-1-70 _~ Motion was made by Gutierrez and seconded by Webster authorizing the adoption of Resolution No. 2292. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Webster, Wein and Austin Noes: None Abstention: None Absent: None 1590 REDUCTION IN RENT - ROBERT L. ROSE, DBA ROSE AUTO SUPPLY: Mr. Austin stated that Mr. Robert Rose has requested a 75Y reduction in his rental rate, due mainly to the decrease in his business which will be caused by the closing of "E" Street from 10-5-70 thru 11-25-70. He will have to vacate the building by January 15, 1971. Mr. Wein stated that in view of the circumstances that he will be renting the building for 3% months and the street will be closed for 2 months he would like to see the reduction authorized. After discussion, the following resolution was introduced: RESOLUTION N0. 2293 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING REDUCTION IN RENT FOR RENTAL AGREEMENT, BY AND BETWEEN THE REDEVELOPMENT AGENCY AND MR. ROBERT L. ROSE dba ROSE AUTO SUPPLY WHEREAS, Mr. Robert L. Rose dba Rose Auto Supply has entered into a Rental Agreement with the Redevelopment Agency of the City of San Bernardino, the 12th day of September, 1970, for property located on the corner of Second and "E" Streets, for the rental rate of $450.00 per month; and WHEREAS, the Redevelopment Agency will be causing the closing of "E" Street from 10-5-70 thru 11-25-70, due to the widening of "E" Street between Court and end Streets; and WHEREAS, Mr. Rose has requested a 75% reduction in his rental rate, retro- active from execution of his Agreement (9-72 -70); and WHEREAS, the Agency Members have reviewed the circumstances involved and have determined that said reduction in rent is warranted. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that Rental Agreement No. 282A, by and between the Redevelopment Agency and Mr. Robert L. Rose dba Rose Auto Supply, is hereby given a 75% reduction in rental rate, therefore setting rental at $112.50 per month. Adopted: 10-1-70 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2293, authorizing a 75% rent reduction to Robert L. Rose ($450 per month to $172.50 per month). The motion was carried by the follow- ing vote, to wit: Ayes: Wein, Gutierrez, Webster and Austin Noes: None Abstention: None Absent: None HUD SAN FRANCISCO REGIONAL MARKET AGGREGATION MEETING, OCTOBER 19-20, 1970: Mr. Quinn requested authorization for himself or Mr. Harper to attend this meeting in October. He stated that it is regarding Operation Breakthrough. The following resolution was introduced: 1597 RESOLUTION N0. 2294 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING ONE STAFF MEMBER TO TRAVEL TO SAN FRANCISCO, CALIFORNIA, OCTOBER 79-20, 1970, TO ATTEND A HUD REGIONAL MARKET AGGREGATION MEETING. WHEREAS, Resolution No. 2043 of the Redevelopment Agency of the City of San Bernardino, California, requires that each trip made by an Agency Member or Staff Member outside of the City of San Bernardino be specifically authorized by a Resolution of the Agency Members; and WHEREAS, it is found essential for one staff member to attend a HUD San Francisco Regional Market Aggregation Meeting, October 19-20, 1970. NOW, THEREFORE; BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency does hereby authorize one staff member to travel to San Francisco, October 19-20, 1970, to attend a HUD Regional Market Aggregation Meeting, and his travel expenses are hereby approved in accordance with Resolution No. 2043, as amended. Adopted: 10-7-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2294. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None ' "' REVIEW OF BIDS, DESIGN FOR WIDENING OF "E" STREET: Mr. Austin stated that bids have been received for the modification of the design for the widening of "E" Street, between Court and fourth Streets, as follows: Krueger Engineering - $1,336.60 Arrowhead Engineering - $1,295.00 After discussion, the following resolution was introduced RESOLUTION N0. 2295 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE CONTRACT AMENDMENT N0. 2 WITH ARROWHEAD ENGINEERING CORP. FOR "E" ST. WIDENING MODIFICATION, CENTRAL CITY PROJECT N0. 1, R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into Contract with Arrowhead Engineering Corporation for Site Improvements, Central City Project No. 1 dated June 2, 7970 and Contract Amendment No. 1 dated October 5, 1970; and .~ 1592 WHEREAS, the City of San Bernardino, California has requested that "E" Street, between Court Street and Fourth Street be widened from 54 feet to 64 feet; and WHEREAS, said modification will require transisition on "E" Street between Third Street and Fourth Street, including design section and the above described 64 foot widening section; and WHEREAS, this Agency solicited two proposals for said work; and WHEREAS, Arrowhead Engineering Corporation submitted the proposal best qualified for said work; and NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be hereby authorized to execute Contract Amendment No. 2 with Arrowhead Engineering Corporation for the widening of "E" Street, between Court and Fourth Streets from 54 feet to 64 feet for the sum of One Thousand, Two Hundred Ninety Five and no/100 Dollars, ($1,295.00). Contract Limit is now $8,415.00. Adopted: 10-7-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2295. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None SITE PREPARATION, UNIT N0. 14, 3 LEVEL PARKING STRUCTURE: A memorandum was presented to the Members from Mr. Jones, Operations Officer, advising the Board that underground obstructions such as concrete slabs, walls, drains, brick walls, and piping have been discovered under the area of the 3 level parking structure. The Members expressed concern as to whether this debris was left by the demolition contractor responsible for this area, or if it is material recently found for the first time. Mr. Wein stated that he would like the Agency to obtain a professional opinion as to the age of the material. After further discussion, motion was made by Wein and seconded by Webster instruct- ing the Executive Director to investigate the matter, along with the use of our Engineering Department and professionals, taking whatever action is necessary so not to delay the construction of the 3-level parking structure. The Executive Director is further instructed to report his findings to the Board at the next Regular Meeting. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None 1593 J. D. DIFFENBAUGH - TIME EXTENSION AND ADDITIONAL FUNDS FOR DELAYS: Mr. Wein reported that the Work-Shop Meeting was held September 22nd with the Diffenbaugh Company regarding his request for additional time and funds for delays. He stated that he would recommend a time extension be awarded Diffenbaugh Construction Company until Decemd~er 22, 1970, at an increase of $3,400. Mr. Krueper, Inspection Contractor; and Mr. Lim, Architect, both concurred in this recommendation. After further review and discussion, the following resolution was intro- duced: RESOLUTION N0. 2296 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CHANGE ORDER NO. 10 WITH THE J. D. DIFFENBAUGH COMPANY, SITE PREPARATION UNIT N0. 2, PUBLIC MALL CONSTRUCTION CONTRACT, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into a Contract with the J. D. Diffenbaugh Co. for Site Preparation Unit No. 2, California R-79, dated June 27, 1969; and WHEREAS, an extension of 90 days has been granted to Contractor due to the stop order issued on work between Line 14 and 19 of the Mall Structure; and WHEREAS, 17 days has been allowed at $200 per day from June 11, 1970 to July 3, 1970; and WHEREAS, the Contract Price with J. D. Diffenbaugh Co. is increased $3,400.00; and WHEREAS, the Contract Time for J. D. Diffenbaugh Co. is extended 90 calendar days; and WHEREAS, the new Contract completion date is now December 22, 1970; NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency and the J. D. Diffenbaugh Co., Inc., be authorized to enter into Change Order No. 70 for an amount not to exceed $3,400.00 and extension of Contract not to exceed 90 calendar days. Adopted: 10-1-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2296. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None REQUEST FOR STOP ORDER, PORTION OF "E" STREET BRIDGE: The acquiting owners of the Andreson Building, Redevelopers Investors and _ „ Options Limited, were presented to the Board. Mr. Rappaport, architect, stated that they would like to design and construct steps from the pedestrian bridge to the Andreson Building. These steps will not in any way be supported by the bridge. 1594 Mr. Quinn explained that if the Board authorizes these people to connect the south side of their building to the bridge, the Agency must issue a Stop-Order to Burke Construction Contract, for that portion of the bridge which is immediately south of the Andreson Building. Mr. Varner asked when escrow will close for this purchase. The new owners stated that escrow should close by November 1, 7970. Mr. Varner stated that Allied Properties, the present owners, must sign their Owner Participation Agreement as soon as possible if this action is to be taken. Mr. Muller, representing the new owners, stated that he would contact Allied Properties immediately and have this document executed. The Members requested that a bond be provided by Redevelopers Investors and Options in the amount of $5,000 in case they fail to perform. The new owners stated that they would provide a bond in this amount. After further discussion, the following resolution was introduced: RESOLUTION N0. 2297 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING A STOP ORDER ON A PORTION OF THE "E" STREET PEDESTRIAN BRIDGE WHEREAS, Redevelopers Investors and Options Limited has the Andreson Building, between known as R-79, acquisition Block 3, Parcel 14, in escrow; and WHEREAS, the Redevelopers Investors and Options Limited has extensive plans for said Andreson Building, which require a connection of the south side of said building to the "E" Street Bridge; and WHEREAS, said Redevelopers Investors and Options Limited has requested the Agency to issue a Stop-Order on the North railing of said Pedestrian Bridge adjacent to the Andreson Building and have offered to post a $5,000 Per- formance Band in order that any corrective actions may be taken by said Agency should said bridge connection fail to occur. NOW, THEREFORE, BE IT RESOLVED that a Stop-Order on that portion of the North railing of the "E" Street Pedestrian Bridge may be issued to the contractor at such time as a $5,000 Performance Bond is posted with the Redevelopment Agency. BE IT FURTHER RESOLVED that the connection to the pedestrian bridge by Redevelopers Investors and Options Limited is to be completed no later than May 31, 1971. Adopted: 10-1-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2297, authorizing a Stop-Order to be issued to Burke Con- struction Company pertaining to the north rail and curb of the pedestrian bridge, upon the receipt of a $5,000 bond for Redevelopers Investors and Options Limited. The motion carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None 1595 EASEMENT DOCUMENT, SECOND AND 4TH STREETS: The following resolution was introduced: RESOLUTION N0. 2298 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIR- MAN AND EXECUTIVE DIRECTOR TO EXECUTE EASEMENT D000- MENT FOR THE WIDENING OF SECOND AND FOURTH STREETS LYING WITHIN CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, has widened certain portions of Second and Fourth Streets within the Central City Project; and WHEREAS, it is desired by the Agency to dedicate those portions of Second and Fourth Streets to the City of San Bernardino, for street and highway purposes. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Executive Director are hereby authorized to execute an easement document to the City of San Bernardino, for those widened portions of Second and Fourth Streets lying within the Central City Project No. 1, Calif. R-79 Adopted: 10-1-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2298. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None OTHER BUSINESS: Financial Consultant Proposal: Mr. W. K. Popham, director of Intercontinental Capital Company, was presented to the Members. Mr. Popham, on behalf of Municipal Financial Advisers, Inc., presented a proposal to the Agency for financial consulting services to issue and setT tax allocation bonds in connectioh with the Agency's-$10.,500,000 Bond.. An ticipation_Notes. Said proposal is spread below: October 1, 1970 Board of Directors Redevelopment Agency of the City of San Bernardino 323 Court Street, Room 308 San Bernardino, California Attention: Mr. Al M. Austin, Chairman _„ RE: Redevelopment Agency Tax Allocation Bonds, Central City Project No. 1, California R-79 7596 Gentlemen: We are pleased to advise you on behalf of our associate, Municipal Financial Advisers, Inc., a California corporation, that Municipal Financial Advisers, Inc. agrees to provide financial consulting services to the agency in connection with the authorization, issuance and sale of tax allocation bonds in the principal amount of approximately $14,000,000 and has obtained a commitment there- fore, on the following terms and conditions: 1. Municipal Financial Advisers, Inc., (hereinafter "consultants") shall be retained by you as financial consultahts for the purpose of assist- ing the agency in refunding its existing preliminary loan note issue in the principal amount of $10,500,000 through the issuance of tax allocation bonds. 2. Consultants shall guarantee that a bid within the legal limits as to interest rates, discount, fees, expenses and other normally related costs shall be submitted by a responsible bidder or group of bidders at public sale. Consultant retains the right to participate in such group, provided the bonds are sold at public sale. Said guarantee shall be subject to the following terms and conditions: a) The bid will be for such bonds in an amount not to exceed $20,000,000. b) The bonds shall mature no less than 20 years from their date. c) The commitment is contingent upon rating of not less than Baa (Moody's) or upon the approving legal opinion of bond that the bonds are valid and enforceable and that interest on same is exempt from taxation, along with the nolitigation ce closing documents. consultants obtaining a bond BBB (Standard & Poors) and counsel selected by consultants in accordance with their terms Federal and State Income- ^tificate and other normal 3. Consultants shall be paid by the agency only from the proceeds of the bonds at the rate of 0.75% of the total amount of bonds sold. Preservation of this commitment requires your early authorization for Municipal Financial Advisers, Inc. to proceed. If this arrangement is satisfactory to you, please adopt a minute order referring to this letter and employing Municipal Financial Advisers, Inc. on the terms stated herein and return to us an executed copy of this letter. Sincerely yours, INTERCONTINENTAL CAPITAL COMPANY s/Arthur G. Lachman Art ur G. Lac man, President s/W. K. Popham W. K. Popham, Director 1597 Pursuant to the order of the Board of Directors of the San Bernardino Redevelopment Agency, Municipal Financial Advisers, Inc., a corporation, -~* is employed on the terms stated in the foregoing letter. Redevelopment Agency of the City of San Bernardino By rman ATTEST: Secretary Mr. Popham stated that he can guarantee the Agency that a bid within the legal limits shall be submitted by a responsible bidder at a public sale. Mr. Popham stated that the Agency would be unwise to wait until the full six months to negotiate for long term notes. He stated that he could guarantee long term notes now, if the Agency acts on this matter. His fee far financial consultant would be 3/4 of lq. Mr. Wein stated that the Agency already has a contract with the J. R. Norwitz & Co. for financial consultant services. Mr. Varner explained that this con- tract can be cancelled at any time, upon given notice. The Members expressed that they would like to inform Mr. Norwitz of this offer, to see if he can provide the Agency with a guarantee offer. Mr. Popham stated that he was under the impression that our Financial Con- sultant Contract with Norwitz & Co. had been cancelled. The members stated that this is not so, and reviewed the file and contract with Mr. Popham. The Members asked Mr. Popham if his offer would still stand, if the matter was tabled for further study. Mr. Popham stated that if a meeting was held next week some time, he believed he could still guarantee the bid. After further discussion, motion was made by Wein and seconded by Webster to table the matter until an Adjourned Regular Meeting to be held Thursday, October 8, 1970, at 4:00 p. m. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None Polic Re ardin Entertainment Ex enses - Mr. Wein stated that he and Mr. We ster ave reviewe t e matter, an it is their recommendation, and his motion that no Staff Member or Board Member should incur expenses against the Agency for entertainment, without prior board approval. Mr. Webster seconded the motion. The motion was carried by the following vote, to wit: ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None Storm Drain -Three Level Parking Structure Area - Mr. Austin stated that ~-. a meeting was held with Mr. Parker, of 0. B. "Bud" Northington Construction Co., and Donavan Construction Company, regarding the installation of the storm drain within the 3-level parking structure area. 1598 The low bid for this storm drain, submitted at the last board meeting by Northington was $22,648. Donovan's bid was $32,910.47 plus $432 per day penalty for delays. Mr. Lessley, of Donovan Construction, stated that if the Agency awards the contract to Northington, the best way for his company would be to stop his men, until Northington has completed their work in the area. In this way, if any damages occur, there would be no dispute over the responsibility. The Agency would be penalized $432 for every day their contract would be delayed. Mr. Parker was asked how long it would take his firm to complete the work. Mr. Parker stated that it would take at least two weeks to get the material to begin with, and then about three weeks for the work itself. Mr. Lessley further stated that his firm would accomplish the work for an amount not to exceed $40,436.99, and an increase of 35 days to his contract completion date. Mr. Parker stated that his bid for this work would have to now be increased to approximately $26,000, in that he would have to hire additional workers, and specified union employees other than his laborers which he intended to use, because he would be working within another con- tractor's area. The Members determined that by the time the Agency would pay Northington his figure of $26,000 and pay $432 per day for delays to Donovan, the net cost to the Agency would be far greater than if Donovan was awarded the contract for $40,436.99. Mr. Parker stated that under the circumstances he would prefer that the Contract be awarded to Donovan Construction Company, and therefore would withdraw his proposal. After further discussion, the following resolution was introduced: RESOLUTION N0. 2299 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER N0. 1 WITH DONOVAN CONSTRUCTION COMPANY FOR CONSTRUCTION OF STORM DRAIN UNDER THREE LEVEL PARKING STRUCTURE, SITE PREPARATION UNIT N0. 14, CALIF. R-79, CENTRAL CITY PROJECT N0. 1 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into Contract with Donovan Construction Company on the 5th day of August, 1970; and WHEREAS, it has become necessary to construct storm drainage under the Three Level Parking Structure; and WHEREAS, this Agency solicited bids for said work; and WHEREAS, Donovan Construction Company has agreed to perform said work in thirty five (35) consecutive calendar days fora sum not to exceed $40,436.99; and 1599 WHEREAS, it has been determined by the Agency Board that the lowest net bid received has been submitted by Donovan Construction Company; and ~"' WHEREAS, it is in the best interest of the Agency to accept the bid of Donovan Construction Company. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary be hereby authorized to execute Change Order No. 1 with Donovan Construction Company for the con- struction of storm drainage under three level parking structure for a sum not to exceed Forty Thousand, Four Hundred Thirty Six and 99/100 Dollars ($40,436.99). Adopted: 10-1-70 Motion was made by Webster, seconded by Gutierrez authorizing the adoption of Resolution No. 2299. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None ADJOURNMENT: Motion was made by Wein and seconded by Webster to adjourn the Regular Meeting of October 7, 1970 until 4:00 p.m. on October 8, 1970. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None -~, - ,. 7600 MINUTES OF THE ADJOURNED REGULAR F1EETING OF OCTOBER 1, 1970, HELD OCTOBER B, 1970, 4:00 P.M.,323 COURT STREET, ROOM 305 SAN BERNARDINO, CALIFORNIA The Chairman reported that this Adjourned Regular Meeting is being held pursuant to a duly posted Notice of Adjourned Regular Fleeting. Said Notice is as follows: NOTICE OF ADJOURNED REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIF. NOTICE is hereby given that the Regular Meeting of the Redevelopment Agency of the City of San Bernardino, California, held October 1, 1970 has been adjourned until Thursday, October 8, 1970, at 4:00 p.m., 323 Court Street, Room 305, San Bernardino, California, the regular meeting place thereof. DATED this 2nd day of October, 1970. s/P. W. uinn, Jr. uinn, r. Secretary (SEAL) The Chairman called the meeting to order at 4:10 p.m. Roll Call showed the following: Agency Members Present: Austin, Wein, Webster and Gutierrez Agency Members Absent: None Also Present: Mr. Varner, Agency Counsel; Mr. Quinn, Executive Director; and Mrs. Baxter, Executive Secretary Mr. Austin introduced and welcomed Mayor Al Ballard; Ralph Prince, City Attorney; and Councilmen Wheeler, Hammock, Guhin and Lackner to the meeting. The Chairman stated that this Adjourned Regular Meeting was scheduled in order that the Agency could thoroughly review the proposal presented at the last meet- inb by Mr. W. K. Popham, on behalf of Municipal Financial Advisers, Inc. Mr. Popham was presented to the Board. Mr. Popham introduced Mr. Walt Rogers, President of Municipal Financial Advisers, Inc. Mr. Rogers presented the Chair- man with an updated proposal from his firm. He stated that this proposal is more specific than the previously submitted one. Said proposal is as follows: Redevelopment Agency of October 8, 1970 San Bernardino Attn: Mr. Al M. Austin 323 Court Street San Bernardino, Ca. 92401 RE: Tax Allocation Bonds 1607 Dear Mr. Austin: I have been authorized to forward this letter of commitment to you for the purchase of Agency Tax Allocation Bonds in an amount not to exceed $20 million dollars upon the following terms and conditions: 1. The interest yield will be 7% per annum and discount 4~ of par. 2. The bonds are to be dated May 1, 1971 and must have a Standard & Poore rating of BBB or a Moody rating of BAA or better. 3. The bonds will nu3ture as follows: 1977 - $ 500,000 1978 - 600,000 1979 - 700,000 1980 - 800,000 1981 - 900,000 1982 - 1,000,000 76 million dollar issue 7983 - $1,100,000 1984 - 1,200,000 1985 - 1,400,000 1986 - 1,600,000 1987 - 1,800,000 1988 - 2,000,000 1989 - 2,400,000 We hope and will, of course, expend extensive efforts as your consultants to obtain improved terms prior to the bid date in May should market conditions improve. Looking hopefully to a long term gradual improvement in the market, we have adjusted this commitment to reflect maturities linked to recall options, there affording the opportunity to refinance several years hence. Considerable savings in interest cost may result from exercise of this provision in an im- proved market. The Agency also nay wish to exercise this flexibility in rela- tion to its own future issues for other anticipated projects. This commitment is binding on a sale of bonds in a private placement and is conditional upon the approving opinion of bond counsel selected by us and the appointment of us as consultants to the Agency as proposed in our previous letter of October 1, 1970. It is requested that in order to avoid giving undue advantage to other potential underwriters as well as disadvantage to ourselves and those participating in our syndication that this letter be treated as confidential. MUNICIPAL FINANCIAL ADVISERS, INC. s/Walter F. Ro ers Wa ter F. Rogers, resident AHN/dd Mr. Webster asked Mr. Rogers how long he has been in the investment business. Mr. Rogers stated that he has been in the business eleven years, but that P Municipal Financial Advisers Inc. has only been formed for three weeks. Mr. Webster asked Mr. Rogers if his firm is licensed. Mr. Rogers stated that no license is required for a financial consultant firm. 1602 The Members discussed the interest rate of 7% per annum and the discount of 4% of par. Mr. Rogers stated that 7% is the allowable maximum rate by law. He further stated that if the issue was for a shorter period of time, rather than the 18-19 years, the discount rate would be less. Mr. Quinn stated that our $10,500,000 promissory notes are callable February 15, 1971. The Agency has six months from the date to pay back the loan. If the Agency paid back the loan in May (the date the proposed bond will be dated) we would be obligated to pay the balance of the years interest. The alternative would be to hold the money until the payoff date, therefore we would be earning interest on the money and would not be penalized. The Members asked htr. Rogers what the callable provision would be on his bonds. Mr. Rogers stated that his bonds would have a penalty provision if called before maturity of 1/4 of 1% per year, subject to a maximum of 3%. He further stated that his bonds would be called in reverse order, i. e. the bond having the latest maturity date being called first. The Members asked Mr. Rogers if the bonds could be extended for a 20 year period instead of the 18 years. Mr. Rogers stated that this could be done. The matu- rity schedule would be modified to reflect the 20 years. The h1embers asked who would be responsible for obtaining the bond rating. h1r. Rogers stated that his firm, as consultants, would be responsible for getting the rating for the Agency. It would cost the Agency approximately $5,000 for this rating. The Members asked why the proposal is for $16,000,000. Mr. Quinn stated that the Agency needs $10,500,000 to pay back the promissory note, plus an additional amount for prefunded interest and additional expenses. The Members determined that the Agency actually would only need approximately 12~ or 13 million. Mr. Rogers stated that if this is the Agency's desire, his proposal can be modified and the maturity figures could be reduced by approximately 20%. Upon review of the Tax Projection Schedule the Members determined these figures more desirable. Mr. Austin stated that the proposal states that bond counsel shall be selected by Municipal Financial Advisers. Mr. Rogers stated that the firm he proposes to use is located in San Francisco and has been in business for 10 years. The h1embers stated that the Agency has a contract with O't4elveny and Myers as bond counsel. Mr. Varner stated that in the past it has been the Agency's obligation to designate a bond counsel, and that he would be opposed to giving a consul- tant the complete control of selection of bond counsel. Mr. Rogers stated that his proposal would be modified to reflect that the bond counsel will be mutually agreed upon by both the Agency and consultant. Mr. Rogers was asked how much capital Municipal financial Advisers has. Mr. Rogers stated $2,500. Mr. Varner asked Mr. Rogers if his firm would be legally able to sign an Underwriting Agreement, if the Agency accepts his proposal. Mr. Rogers stated that Municipal Advisers does not have a license to sign an Underwriting Agree- ment at this time. Mr. Varner stated that he questions the legality of the 1603 board entering into an Agreement with a company having no authority to sign an Underwriting Agreement, and he therefore wishes to advise the Agency that if the proposal is accepted, they might be entering into a contract that is illegal. Mr. Rogers stated that his firm would apply for a license to sign an underwriting agreement, if this is required by the Agency. The Chairman introduced Mr. Jerry Narwitz, President of J. R. Narwitz & Co., to the Board. for. Narwitz stated that his firm is licensed to sign an Under- writing Agreement, and that his firm maintains sufficient net capital to honor their commitments. Mr. Varner stated that at the last Board Meeting, held October 1, 1970, there was some indication given from P4r. Popham's presentation regarding where the funds for the $10,500,000 Promissory Note were raised. Mr. Narwitz stated that his firm raised all of the funds for this issue. Mr. Narwitz presented the Chairman with a proposal for commitment. Said pro- posal is as follows: October 8, 1970 Board of Directors Redevelopment Agency of the City of San Bernardino 323 Court Street, Room 308 San Bernardino, California Gentlemen: As I have stated in various public meetings and to some of you individually, it is imperative that your reputation in so far as financing institutions are concerned does not become questionable. Of prime importance in maintain- ing a good reputation is the unity and unanimous support of your Board of Oirectars. We have been successful in obtaining support for your Agency from various nationally recognized financial institutions. We placed $10,500,000 par value, one-year negotiable promissory notes on extremely short notice, and some of these same people will invest in your long-term bonds. We believe that the enclosed guaranteed underwriting reflects the present standing of your Agency, and we feel very strongly that any tampering with that standing would be extremely unwise. Very truly yours, J. R. NARWITZ & CO. s/Jerry R. Narwitz Jerry R. Narwitz President JRN:ar Encl. 1E04 October 8, 1970 Board of Directors Redevelopment Agency of the City of San Bernardino 323 Court Street, Room 308 San Bernardino, California Gentlemen: In light of the recent developments regarding long-term bonds to refinance $70,500,000 negotiable promissory notes issued by your Agency August 15, 1970, we felt it was necessary to provide you with a conenitment from major financial institutions. It should be understood that the following commitment is only a form of guaran- tee, as it is still our intent to go to public sale with an official statement in order to provide the Agency with the lowest net interest cost and best terms available at the time of the refunding. As Financing Consultant to the Redevelopment Agency of the City of San Ber- nardino, we have been instrumental in forming a syndicate to purchase your long-term bonds. The undersigned group has authorized J. R, Narwitz a Co., a California Corporation, to submit the following commitment: The undersigned hereby agrees to purchase approximately $15,000,000 par value, tax allocation bonds of the Redevelopment Agency of the City of San Bernardino, subject to the following terms and conditions: 1. Bonds shall bear interest at a rate not to exceed 7% per annum. 2. We will purchase the bonds at a price reflecting no greater dis- count than the maximum allowable by law. 3. We will pay accrued interest to the date of delivery of these bonds. 4. The term of the bonds shall be mutually agreed on by the Agency and the purchasers through the Agency's Financing Consultant. 5. A legal opinion of nationally recognized bond counsel attesting to the legality of proceedings and validity of issuance shall be fur- nished the undersigned at no expense. This legal opinion must be from bond counsel acceptable to the underwriters. 6. This commitment is contingent uppon the ussuance of rating by Moody's Investors Service of at least "Baa", and/or a Standard & Poor's rating of not less than "BBB". 7. The undersigned reserve the right to accept delivery of these bonds on any legal date prior to February 15, 1971. 8. Recognizing the vagaries of the municipal bond market, and this firm commitment notwithstanding, we reserve the right to enter a competi- tive bid at public sale. 1605 As Financing Consultant to the Redevelopment Agency, and as Agent for the below listed group, we recommend you accept this guarantee and authorize us to go to public sale by passing the appropriate resolutions and signing a copy of this letter for our files. Respectfully submitted, J. R. NARWITZ & CO. s/Jerry R. Narwitz Jerry R. Narwiti President F. I. du PONT, GLORE FORGAN & CO. Syndicate Manager One Wall Street New York N.Y. 10005 Attention: Wm. A. Victor ACCEPTED: Redevelopment Agency of the City of San Bernardino By VAtERIANO & CRAIG 80 Wall Street New York, N. Y. 10005 Attention: Joseph A. Valeriano ATTEST: (Seal) Mr. Narwitz stated that the Agency should obtain financing for long term bonds for a period of 25-30 years, instead of 20. He stated that the proposal amount will be for less if it is desired by the Agency. The interest rate is stated at 7%, and hopefully less at public sale. The Agency must pay for a Legal Opinion from a Bond Counsel acceptable to the underwriters. He further stated that O'Melveny and Myers is acceptable to his firm. He stated that his firm will pay accrued interest until date of delivery of the funds. The rating will be obtained by his firm at no charge to the Agency. Mr. Quinn explained that if this proposal is accepted and the Agency after public sale obtains the funds in February, we will have the alternative of calling our $10,500,000 Promissory Note and paying the 1% penalty, or depositing the funds in a special account, designated for the payment of the note, until the maturity date. The manner best for the Agency will be determined on the percentage invest- ments are earning vs. the 1% penalty. Mr. Narwitz stated that F.I.DuFont is the second largest lending institution in the nation, with a net capital of $150,000,000. He distributed a copy of DuPont's Financial Statement. Mr. Wein suggested that a decision on this matter be tabled until the next Board Meeting. Mr. Rogers stated that the proposal submitted by J. R. Narwitz & Co. is excellent, and he would recommend that the Agency accept it. . q After further discussion, motion was made by Wein and seconded by Webster reject- ing the proposal of Municipal Financial Advisers, Inc., for Consulting Services. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None 1606 The following resolution was introduced: RESOLUTION NO. 2300 RESOLUTION OF THE REDEVELOPt9ENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE A CONTRACT FOR UNDERWRITING SERVICES BY AND BETWEEN THE AGENCY AND F.I. DU PONT, GLORE FORGAN & CO. WHEREAS, pursuant to Ordinance No. 2649, the City of San Bernardino adopted an Official Redevelopment Plan for the Central City Project No. 1, Calif. R-79; and WHEREAS, subsequently, the Agency entered into a contract for Loan and Grant with the United States of America providing for financial aid to the Agency under Title I of the Housing Act of 1949, as amended; and WHEREAS, pursuant to said Loan and Grant Contract, the United States Government is providing Agency with financial aid for certain of the costs of said Project, and Agency must provide its own financing for the remaining costs of said Project; and WHEREAS, the Agency requires the services of a nationally recognized consultant on municipal finance to assist Agency in perfecting a sound and workable plan or plans of finance that will fit the needs of Agency in connection with said project and in accordance with the provisions of said Loan and Grant Contract; and WHEREAS, the Agency deemed it advisable to engage the services of J. R. Narwitz & Co, to serve the Agency by assisting it to develop financial plans for said Projects and to provide for the sale of Agency's obligations to be issued with respect to the projects in such amounts and at such times as may be required for the orderly consummation of the project; and WHEREAS, the J. R. Narwitz & Co., as Financial Consultant to this Agency, was successful on August 15, 1970, in placing this Agency's $10,500,000 Promissory Note, due August 15, 1971; and WHEREAS, this Agency has now indicated its intent to go to public sale on approx- imately $15,000,000 tax allocation bonds the purpose being to repurchase its one- year term promissory note and to enter into long-term financing of its Central City Project; and WHEREAS, the J. R. Narwitz & Co. as Financial Consultants of the Agency, and as a representative of a syndicate composed of F. I. DuPont, Glare Forgan & Co., and Valeriano & Craig have made a commitment to this Agency to bid on this Agency's tax allocation bonds when offered at Public Sale; and WHEREAS, it is to the Agency's advantage to accept a guarantee for bid on its tax allocation bonds when offered for sate at a public bidding. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized 1607 and directed on behalf of the Agency to execute an Underwriting Agreement by and between the Agency and F. I. DuPont, Glore Forgan & Co., and the Agency, in connection with its forthcoming public sale of approximately $15,000,000 par value tax allocation bonds, Central City Project No. 1, Calif. R-79. Adopted: 70-8-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution Mo. 2300. The motion was carried by the following vote to wit: Ayes: Webster, Gutierrez and Austin Noes: None Abstention: Wein Absent: None Mr. Wein stated that he abstained from voting because he would like to see a more definite proposal as to interest rate and discount. The Chairman executed Mr. Narwitz's letter of commitment on behalf of the Agency. Mr. Varner stated that this letter commitment would be substituted by a formal agreement between F. I. DuPont, Glore Forgan & Co. and the Agency. ADJOURNMENT: Motion was made by Webster and seconded by Gutierrez adjourning the meeting at 5:45 p.m. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: ~--, None 1608 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 15TH DAY OF OCTOBER, 1970, ROOM 305, SAN BERNARDINO, CALIFORNIA The meeting was called to order at 4:05 p.m. Roll call showed the following: Agency Members Present: Austin, Wein, Webster and Gutierrez Agency Members Absent: None Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of October 1, 1970 were submitted for approval. Mr. Quinn pointed out that Resolution No. 2297, authorizing a stop order on a portion of the "E" Street Pedestrian Bridge, states that the connection to the bridge by Redevelopers Investors and Options Limited is to be completed no later than htay 31, 1971. Burke Construction is aware of this date. After discussion, motion was made by Webster and seconded by Gutierrez approving the Minutes of the Regular Meeting of October 1, 1970 as submitted. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None The Agency Counsel stated that he has not had a chance to review the minutes of the adjourned meeting held October 8, 1970. Motion was made by Webster and seconded by Wein to table the approval of the Minutes of the Adjourned Regular Meeting of October 1, 1970, held October 8, 1970 until the next Regular Meeting. dhe motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None PUBLIC HEARING, SUNSET SAN BERNARDINO CORPORATION, OFFER TO PURCHASE HOTEL SITE: Mr. Austin stated that this is the time and place designated for the Public Hearing on the sale of Reuse Parcels 46 & 47 (hotel site) to Sunset San Ber- nardino Corporation. Mr. Varner stated that the form of Agreement is available for examination. There being no comments, the Public Hearing was closed. SALE OF REUSE 46 & 47 (HOTEL SITE) SUNSET SAN BERNARDINO CORPORATION: The following resolution was introduced: RESOLUTION N0. 2301 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF DIS- POSAL AGREEMENT AND RELATED DOCUMENTS FOR THE SALE OF RE- USE PARCELS 46 & 47, CALIF. R-79, TO SUNSET SAN BERNARDINO ~ti~Q WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, declared its intention to dispose of Reuse Parcels 46 and 47, Central City Project, by Resolution No. 2291, to Sunset San Bernardino, a corporation to be formed; and WHEREAS, public disclosure of the Agency's intention to sell said parcels to said Redeveloper was made in accordance with RHA 7214.1, Chapter 4, Section 4; and WHEREAS, a Public Hearing regarding the proposed disposal of said parcels to said Redeveloper was held on October 15, 1970, in accordance with RNA 7214.1, Chapter 4, Section 4, and California law. 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 and execute related documents for the sale of Reuse Parcels 46 and 47, Central City Project, to Sunset San Bernardino, subject to the approval of said sale by the Department of Housing and Urban Development. BE IT FURTHER RESOLVED that said Agreement shall contain the following conditions: 7. The $9,203.00 Security Deposit is refundable, except for Agency expenses connected with the tranaction, up to January 1, 1971, should the Sunset San Bernardino Corporation not be able to secure satisfactory financing, __, interium and long term, for the development of the Hotel. 2. The $9,203.00 deposit is non-refundable after January 1, 1971. Adopted: 10-75-70 61otion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2301. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Webster and Austin Noes: None Abstention: None Absent: None Mr. Smith introduced Mr. Bob Lawrence, Westcoast representative for the hotel tenant, to the Members. LEASE AGREEMENT FOR OFFICE SPACE: Mr. Wayne Wood, President First American Title, was presented to the Members. Mr. Wood stated that he has prepared a Lease Agreement for execution by the Agency, if the Agency desires to continue its rental of office space in the First American Title Building. He stated that the rental rate has increased from $1,200 per month with seven free parking spaces, to $1,615 per month with only three free parking spaces. If the Agency requires additional parking spaces, the cost will be $12 per month for every space extra. ~~ Mr. Wein moved that the Agency seek new quarters, in view of the increased rental rate. 1610 Mr. Quinn explained that the Agency staff has contacted the firm of Corwin and Foss, leasing agents for Allied Properties, owners of the Andreson Building, regarding the possible Agency tenancy of the Andreson Building. We have re- ceived a letter from Mr. Foss agreeing to a rent at a figure of .35 sq. ft. per month. Mr. Quinn stated that the Agency would occupy approximately 3,000 sq. ft., which would be approximately $1,000 per month. The Agency would have to provide their own parking. Mr. Wein withdrew his motion. After further discussion, the following resolu- tion was introduced: RESOLUTION N0. 2302 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH ALLIED PROPERTIES, AND ESTABLISHING NEW AGENCY OFFICES AND PLACE OF REGULAR MEETINGS WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to enter into a Lease Agreement with Allied Properties, for occupancy of office space in rooms 403, 404, 405, 406 and 408, Andreson Bldg., 320 North "E" Street, San Bernardino, California; and WHEREAS, Section 3 of Article I of the By Laws of the Redevelopment Agency of the City of San Bernardino provides that the office of the Agency be at such place in the City of San Bernardino, California, as may be designated by reso- lution; and WHEREAS, Section 2 of Article 3 of said By-Laws provides that regular meetings of the Agency shall be at such time and place as may be determined by resolution of the Agency; and WHEREAS, Resolution No. 392, adopted November 4, 1965, designated offices of the Redevelopment Agency and place of Regular Meeting to be held, as First American Title Building, 323 Court Street, San Bernardino, California. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The Chairman and Secretary are hereby authorized to enter into a Lease Agreement with Allied Properties for the occupancy of office space in the Fourth Floor of the Andreson Building, 320 North "E" Street, San Bernar- dino, California. That until otherwise provided by resolution, the office of the Redevelopment Agency of the City of San Bernardino, California, shall be Andreson Building, 320 North "E" Street, San Bernardino, California. That until otherwise provided by resolution, the Members of the Redevelop- ment Agency of the City of San Bernardino, California, shall hold regular monthly meetings at 4:00 p.m., on the first and third Thursday of each month at the office of the Agency, Andreson Building, 320 North "E" Street San Bernardino, California 4. This resolution shall take effect as of December 1, 1970 Adopted: 10-15-70 1611 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2302 authorizing the execution of a lease agreement with Allied Properties, in view of the fact that approximately $615 per month of public funds would be saved by this move, and because the Andreson Build- ing is more centrally located to the Central City Project. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None EXPENDITURES: The Expenditures for the month of September, 1970 were submitted for approval. After discussion, motion was made by Webster and seconded by Wein approving the Expenditures for the month of September, 1970 as submitted. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None Mr. Webster stated that the Agency is trying to equalize and balance its investments from the Promissory Note funds. TRAVEL - BIA FACTORY HOUSING CONFERENCE: Mr. Quinn requested authority for Mel Reynolds, Assistant Operations Officer, to attend a BIA Factory Housing Conference in San Francisco on October 21, 1970. Mr. Quinn explained that this conference is tied into the Federally funded Operation Breakthrough program, and he believes that it would be to the Agency's advantage to have Mr. Reynolds attend this conference. After discussion, the following resolution was introduced: RESOLUTION NO. 2303 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING MEL REYNOLDS TO TRAVEL TO SAN FRANCISCO, OCTOBER 21, 1970, TO ATTEND PROGRAM FOR BIA FACTORY HOUSING WHEREAS, Resolution No. 2043 of the Redevelopment Agency of the City of San Bernardino, California, requires that each trip made by an Agency Member or Staff Member outside of the City of San Bernardino, California, be specifically authorized by a Resolution of the Agency P1embers; and WHEREAS, it is found essential for Mel Reynolds to travel to San Francisco, October 21, 1970, to attend a Program for BIA factory Housing Conference. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, thdt the Agency does hereby authorize Mel Reynolds to travel to San Francisco, California, October 21, 1970, to attend program for BIA Factory Housing Conference, and his travel expenses are hereby approved in accordance with Resolution No. 2043, as amended. Adopted: 10-15-70 1612 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2303. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, 41ein and Austin Noes: None Abstention: None Absent: None C & J ENTERPRISES, TENTATIVE DEVELOPMENT OF REUSE PARCEL 88, CALIF. R-10: h1r. Jack Lanphre, building designer for the f4cCririe development was presented to the Members. 14r. Lanphre stated that the McCririe's have found a tenant for their development of Reuse Parcel 88. Mr. Lanphre explained the tentative development of the land to the ~1embers. building with approximately 11,000 sq. ft. will be erected. The~lot size is 85 x 300. The approximate construction cost will be $125,000. The complete drawings should be ready by January 1, 1971, and construction should start no later than January 31, 1971. The Members asked if the definite plans could be prepared by the second meet- ing in November. Mr. Lanphre stated that they would be done by then. Motion was made by Wein and seconded by Webster tabling this matter until the second meeting in November. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None Mr. Varner stated that if the final plans are approved by the Members, an Amend- ment to the Disposition Agreement will be required for the development change. ARROWHEAD ENGINEERING, SURVEY AND STAKING CONTRACT: Mr. Quinn stated that the upset figures of Arrowhead Engineering's Survey and Staking Contract must be increased to complete the work needed because of re- visioAS in the plans. The following resolution was introduced: Resolution No. 2304 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE CONTRACT AMENDMENT N0. 7 WITH ARROWHEAD ENGINEERING CORPORATION FOR SURVEY SERVICES, CALIF. R-79. WHEREAS, the Redevelopment Agency of the City of San Bernardino entered into a Contract with Arrowhead Engineering for Survey Services for the Central City Project dated November 15, 1967; and WHEREAS, the Agency executed Contract Amendment No. 1 dated August 6, 1968, Contract Amendment No. 2 dated November 19, 1968, Contract Amendment No. 3 dated May 26, 1969, Contract Amendment No. 4 dated December 30, 1969, Con- tract Amendment No. 5 dated July 28, 1970 and Contract Amendment No. 6 dated October 6, 1970; and 1613 WHEREAS, it is now the desire of this Agency to enter into Contract Amendment No. 7 for the furnishing of corner stakes, line stakes and bench marks for . a Contractor during construction of "D", "E" and Fourth Streets widening and improvements and also the remainder of the project on the West End; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be hereby autho- rized to execute Contract Amendment No. 7 with Arrowhead Engineering Corpora- tion for Survey Services Contract at a cost not to exceed Seven Thousand, Five Hundred and no/100 Dollars, ($7,500.00) CONTRACT LIMIT IS NOW $60,000.00. Adopted: 10-15-70 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2304. The motion was carried by the following vote, to wit: ayes: Wein, Gutierrez, Webster and Austin Noes: None Abstention: None Absent: None UNDERGROUND OBSTRUCTIONS - UNIT N0. 14, THREE-LEVEL PARKING STRUCTURE: The following memorandum and letters of support were submitted to the Members regarding the underground obstructions found in the area of the three-level parking structure; T0: Executive Director FROM: Operations Department SUBJECT: Underground obstructions, Unit No. 74, 3 level parking structure Per Board request, attached is a letter from C.H.J. Materials Laboratory, Inc. which outlines their findings when inspection was performed on the subsurface obstruction in the area of the 3 level parking structure. Also attached is a letter from Krueger Engineering Associates with an estimated price for removal of debris in the location. Because of the opinion outlined in the two (2) attached letters, this Department did not contact Donovan Construction Company regarding a figure for removal of present soil or replacement and compact with satisfactory material. However, my telephone conversation with Mr. William E. Lessley this date re- vealed that his opinion regarding the obstruction in the three (3) level park- ing area was the same as CHJ and Krueper Engineering. Mr. Lessley indicated that the best way he felt to handle the obstruction would be on a time and material basis. He informed me that as of this date his company was not claiming for any de- , lays because of the obstruction, however, he has planned to canplete drilling and pouring pile in this area by Friday, October 23, 1970. Therefore, he must have a decision by Friday, October 16, 1970 as his company will then ask for delay as of that date. 1614 Request instructions as to the route we are to take: 1. Should this Agency re- move, replace and compact the soil at this time, or 2. Should the soil re- main as is at present time and the alternate solution of installing structural slabs on spread footings when the buildings are constructed as outlined in attached letters. s/F. Jones F. Jay Jones Operations Officer CHJ MATERIAL LABORATORY, INC. P. 0. Box 3027, San Bernardino October 9, 1970 Redevelopment Agency for the Re: "Obstructions" City of San Bernardino Unit N14, Parking 323 Court Street Structure San Bernardino, California Attention: Mr. f. "Jay" Jones, Operations Officer Dear Sir: I have made a detailed, careful inspection of the subsurface obstructions en- countered during excavation for pile caps and grade beams for Unit No. 14, Parking Structure. Some of the Obstructions encountered, primarily in old Court Street, are concrete encased utility lines. This letter does not pertain to these obstructions. In the area fronting on "E" Street the obstructions consist primarily of brick footings, utility tines and a layer of conglomerate debris. The layer of debris, at a distance, appears to be a concrete slab. This layer actually con- sists primarily of broken and crushed plaster containing bits of wood, glass tile, brick, square nails, etc., and appears to be the remnants of some prior demolition. To the best of nU' knowledge, square nails such as those found have not been in common usage for over forty-five years. Much of the mortar used in the brick footings consists of a sand-lime mix. This type mortar has also not been in use for many years. It is my opinion, and the opinion of Mr. Krueper, that the major portion of the obstructions encountered in this area is from some precious construction and not from the buildings recently demolished. The type of debris, the manner in which it is present and the presence of the previously mentioned material lend support to this conclusion. It was the initial opinion of both Mr. .Krueper and myself that complete removal of this material would be necessary to assure adequate support for the tenant stores. After considerable thought and discussion we would like to suggest that an alternate solution be considered. Support for the tenant stores could be obtained by deep conventional spread footings extended to the firm soils underlying the debris. In most cases this would be approximately five feet 1615 below the existing grade. Footings thus established could be designed for a ' " bearing value of 1,000 pounds per square foot. The floor slabs could then be designed as structural slabs with two way reinforcing which should span weak subgrade conditions. We believe that under the present conditions this solution would cause the least disruption to present work and entail consi- derable less expense. Please contact us if we may be of any further assistance. Very truly yours, CHJ MATERIAL LABORATORY, INC. s/J. L. Riddell J. L. Riddell, R. E. 13146 JLR/jg KRUEPER ENGINEERING & ASSOCIATES 568 N. Mt. View Ave., San Bernardino October 12, 1970 Redevelopment Agency P. 0. Drawer 392 San Bernardino, California 92402 Re: Underground Obstructions in Vicinity of 3-Level Parking Structure Gentlemen: Reference is made to our letter of September 23, 1970, concerning the under- ground obstructions which have been encountered within the general construc- tion site of the 3-level parking structure construction. Reference is also made to the interoffice memorandum from for. Jay Jones, Operations Officer to Mr. Pete Quinn, Executive Director of the Redevelopment Agency concerning the subject problem. At the request of Mr. Jones, our office was requested to review the site again and to volunteer comments on corrective measures and estimated costs. As was mentioned earlier, our concern centered around two conditions which would result from these obstructions. These include: 1. Interference with construction of the 3-level Parking Structure. 2. Differential settlement of future "Tenant Stores" facing on "E" Street (buildings "H" and "J" on Gruen's design.) Since the piling should penetrate deeper then the obstructions foreign material in the ground the stability of this parking structure would be gained chiefly by the soil conditions deep down. What may happen, however, 1616 would be the Contractor (Donovan Construction Co.) requesting relief from delays and added costs in either working around or removing the particular obstructions directly in the area of pile, pile cap and grade beam work. No estimate can be given this charge, should it occur, since the excavation is still taken place and not all the interference has been encountered as yet. The stability of the future stores under the garage structure, which normally would be of a conventional "footing and slab on grade" construction, could be affected should settlement take place once the overburden weight of the store is superimposed on the existing ground. Mr. Jack Riddell and the undersigned have reviewed this to assist the Agency in arriving at a suggested solution. The most expedient, from a design standpoint, as well as eliminating delays for the present contractor, would be provision for a "spread-type footing" and a 2-way reinforced slab for these stores when they are constructed to bridge the unfavorable area. Should the Agency decide on removing the undesirable materials, a depth of excavation realistically would have to be considered at five feet with some isolated areas deeper, depending upon the obstacles encountered. The following cost estimate is volunteered for removal of the present soil and foreign material and replacement with a completed base, satisfactory for normal construction: Approximate floor area of buildings Hand J combined = 25,000 sq. ft. Extra side area contiguous to building = 7,500 sq. ft. Total area involved (Minimum) '}'F,T~G ,sq, ft. Conversion to cubic yards with 10% soil shrinkage and 15% excavation to depths greater than five feet. 5 x 32,500 x 1.25 = 7,520 cubic yards ~~- Cost to remove and dispose @ $1.00/ c.y. (estimated) $ 7,520.00 Cost to replace and compact w/satisfactory material @ 2.00/c.y. 15,400.00 Delays to Donovan's work 10 days @ $430/day 4,300.00 Recutting of grade beams & piles (estimated 2,500.00 Total Estimate to Remove & Replace Soil in Bad Areas once job is under construction $ 29,720.00 This method of correcting a serious deficiency in stability conditions would be quite costly and would only be advisable at this time if supplemental design work is deemed not advisable. Should we be of further assistance, please feel free to call. Very truly yours, s/Harry J. Krueger R.C.E. 12953 HJ K: be CC: CHJ Materials Lab field Office 1617 After careful consideration and discussion, the following resolution was introduced: RESOLUTION NO. 2305 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRh1AN AND SECRETARY TO ENTER INTO A TIME AND MATERIAL BASIS AGREEMENT WITH DONOVAN CONSTRUCTION COMPANY TO REMOVE POSSIBLE UNDERGROUND OBSTRUCTIONS SITE PREPARATION UNIT N0. 14, CALIF. R-79, CENTRAL CITY PROJECT N0. 1 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into Contract with Donovan Construction Company on the 5th day of August, 1970; and WHEREAS, in the course of construction for the 3 level Parking Structure, certain underground obstructions have been encountered; and WHEREAS, it has been deemed advisable that the soil remain, as is, at present, and that future buildings to be constructed along "E" Street be constructed on a structural slab of spread footings; and WHEREAS, it is now the understanding that notwithstanding the Agency monies, it has become necessary to modify Central City posed development, foundation wise, as well as incurred charg material basis" by Donovan Construction Company, in the event ground obstructions interfere with their piling operations on Unit No. 14. expending of ,, Company pro- s on a "time and said under- site Preparation NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary be hereby authorized to enter into Agreement with Donovan Construction Company for the removal of any underground obstructions, in fact encountered during prosecution of the work, on a "time and material basis" for Site Preparation Unit No. 14, Calif. R-79; and determine estimated increased costs to Central City Company attributable to foundation modifications made necessary by existing ground conditions. Adopted: 10-15-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2305, approving the entering into an Agreement with Donovan Construction Company for the removal of any underground obstructions on a "time and material basis" for Site Prep. Unit No. 14, R-79; and determining estimated increased costs to Central City Company attributable to foundation modifications made necessary by existing ground conditions. The motion was carried by the following vote, to gait: Ayes: Webster, Gutierrez, 41ein and Austin Noes: None Abstention: None Absent: None -~* 1618 TRAVEL - SACRAMENTO, NOVEMBER 9, 1970: Mr. Quinn requested authorization to attend a Luncheon on November 9, 1970 in Sacramento in honor of Robert Baida, newly appointed Regional Administrator. The Board suggested that one Board Member also be authorized to attend. The following resolution was introduced: RESOLUTION N0. 2306 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTIVE DIRECTOR AND ONE BOARD MEMBER TO TRAVEL TO SACRAMENTO, NOVEMBER 9,1970 WHEREAS, Resolution No. 2043 of the Redevelopment Agency of the City of San Bernardino, California, requires that each trip made by an Agency Member or Staff Member outside of the City of San Bernardino, be specifically authorized by a Resolution of the Agency P1embers; and WHEREAS, it is found essential for the Executive Director and one Board Member to travel to Sacramento, November 9,'i1970, at the request of Assemblyman Pete Wilson, to attend a luncheon in honor of Robert Baida, newly appointed Regional Administrator. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Executive Director and one Board Member are hereby authorized to travel to Sacramento, California, November 9, 1970, to attend luncheon in honor of Robert Baida, and their travel expenses are hereby approved in accordance with Reso. 2043, as amended. Adopted: 10-16-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2306. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None OTHER BUSINESS: Mr. Austin stated that he read in the paper that Councilman Druscilla Seccombe has requested answers to certain questions regarding our funding. He further stated that upon reading this article he instructed P4r. Quinn to contact all Councilmen and invite them to today's meeting in order that all questions could be answered. The only councilman able to attend the meeting was Council- man Hammock. The Members welcomed Councilman Hammock to the meeting. P1r. Quinn stated that the Agency has not received any official notification from the City regarding these questions. for. Varner stated that he has a handwritten copy of the questions P1rs. Seccombe presented before the Council. PAr. Austin preceeded to answer the questions. 161° Councilman Hammock stated that written answers to the questions mailed to the council would certainly be acceptable to him. Mr. Austin stated that if this is acceptable a copy of the answers to P1rs. Seccombe's questions will be sent to all Council and Board Members tomorrow, along with the Digest of Agency Activities. hlotion was made by Gutierrez and seconded by Wein authorizing the Executive Director to send written ansvaers to the questions posed by Councilman Seccombe to all Council and Board Members. The motion was carried by the following vote to wit: Ayes: Gutierrez, Wein, Webster and Austin Noes: None Abstention: None Absent: None ADJOURNMENT: hlotion was made by Webster and seconded by Gutierrez adjourning the meeting at 5:00 p.m. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None 1620 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD NOVEMBER 5, 7970, 323 COURT STREET, SAN BERNARDINO, CALIFORNIA The Chairman called the meeting to order at 4:15 p.m. Roll Call showed the following: Agency Members Present: Austin, Webster and Wein Agency Members Absent: Gutierrez Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Adjourned Regular Meeting of October 1, 1970, held October 8, 1970 were presented for approval. Mr. Webster referred to Page 6, Resolution No. 2300 -- "The Chairman executed Mr. Narwitz's letter of commitment on behalf of the Agency. Mr. Varner stated that this letter commitment would be substi- tuted by a formal agreement between F. I. duPont, Glore Forgan & Co. and the Agency." Mr. Webster asked if this formal Agreement has been executed. Mr. Varner stated that the Agreement has been prepared but has not been sent to du Pont for their review, but would be sent shortly. Motion was made by Webster and seconded by Wein approving the Minutes of the Adjourned Regular Meeting held October 8, 7970 as submitted. The motion was carried by the following vote, to wit: Ayes: Webster, Wein and Austin Noes: None Abstention: None Absent: Gutierrez The Minutes of the Regular Meeting of October 15, 1970 were presented for approval. Mr. Wein referred to Page 2, Resolution No. 2302 -- "...authorizing the execution of a lease agreement with Allied Proper#ies, in view of the fact that approximately $615 of public funds would be saved by this move,..." Mr. Wein requested that the motion read "$615 er month of public funds". All Me~bers agreed. Mr. Quinn stated that this would eb added. Motion was made by Wein and seconded by Webster approving the Minutes of the Regular Meeting of October 75, 1970 as revised. The motion was carried by the following vote to wit: Wein, Webster and Austin Noes: None Abstention: None Absent: Gutierrez Mr. Wein stated that upon reviewing the item in the minutes regarding C & J Enterprises, and upon speaking to Mr. Henry Henschel about his development, he believes the Agency should set forth a policy regarding delayed developments. He stated that he believes that the board should consider, in all future exten- sions given to redevelopers, a provision whereby the redeveloper would be obligated to make payments in the amount of tax loss for the delays. Mr. Varner stated that this would be proper. 4:20 - Mr. Gutierrez arrived. After further discussion, motion was made by Wein and seconded by Webster setting forth the policy that the Board should consider, in all future extensions given 1621 to redevelopers, a provision whereby the redeveloper would be obligated to make payments in the amount of tax loss for the delays. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. RESOLUTION - PROCLAIf4ER CERTIFICATE: Mr. Quinn explained that HUD, in a procedural change, now authorizes Local Agencies to certify, by use of a Proclaimer Certificate, to the existence and documentation of certain facts and requirements. This eliminates the trans- mitting of all this documentation to HUD for approval and then their return. Mr. Quinn stated that this new procedure will save much time. After discussion, the following resolution was introduced: RESOLUTION NO. 2307 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING USE OF PROCLAIMER CERTIFICATES WHEREAS, HUD authorizes Local Public Agencies carrying out urban renewal projects T to certify to the existence and documentation of certain facts and requirements, subject to a postaudit by HUD and in lieu of the submission of such documen- tation for prior review and approval by HUD, as set forth in such regulations, policies, and requirements of the Secretary as shall be in effect from time to time. NOW, THEREFORE, be it resolved by members of the Redevelopment Agency of the City of San Bernardino as follows: The following officials are authorized to prepare, execute and submit the following proclaimer certificates to HUD on behalf of the Local Public Agency in accordance with the regulations, policies and require- ments of the Secretary as shall be in effect from time to time: The Executive Director, Secretary-Treasurer is authorized to prepare, execute and submit: 1. Proclaimer Certificate Relative to Urban Renewal Plan Amendments, Changes or f4odifications. 2. Proclaimer Certificate Relative to Establishment of Fair Market Value for Property to be Acquired. 3. Proclaimer Certificate Relative to Technical Specifications Conformance with Local Standards or Standards Necessary to Support Urban Renewal Objectives for Project Improvement. 1622 4. Proclaimer Certificate Relative to LPA Staff Appraisal and Reuse Value of Fragments of Property. 5. Proclaimer Certificate Relative to Establishment of Fair Reuse Value. Adopted: 11-5-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2307. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None NAHRO ANNUAL WORKSHOP, LOS ANGELES, NOVEMBER 16, 1970: Mr. Quinn requested authorization for two staff members and arty interested Board Members to attend the NAHRO Annual Workshop, November 16, 1970 in Los Angeles. After review, the following resolution was introduced: RESOLUTION N0. 2308 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING TWO STAFF MEMBERS AND ANY INTERESTED BOARD MEMBERS TO ATTEND THE NAHRO ANNUAL WORKSHOP CONFERENCE, LOS ANGELES, CALIFORNIA, NOVEMBER 16, 1970 WHEREAS, Resolution No. 2043 of the Redevelopment Agency of the City of San Ber- nardino, California, requires that each trip made by an Agency Member or Staff Member outside of the City of San Bernardino, California, be specifically autho- rized by a Resolution of the Agency Members; and WHEREAS, it is found essential for not more than two Agency Staff Members and any interested Board Member to travel to Los Angeles, California, November 16, 1970, to attend the NAHRO Annual Workshop. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency does hereby authorize two staff members and any interested Board F1ember to travel to Los Angeles, California, November 16, 1970 to attend the NAHRO Annual Workshop Conference; and their travel ex- penses are hereby approved in accordance with Resolution No. 2043, as amended. Adopted: 71-5-70 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2308. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: done Absent: None REPLACEP1ENT OF XEROX l~1ACHINE: 1E23 f1r. Quinn stated that it is the Agency's responsibility for the moving expense of the Xerox machine to our new Agency offices in the Andreson Building. An updated Xerox Copier No. 3600 III would cost the Agency comparibly the same amount as the present Copier No. 2400, and the Agency would not have to pay for its installation. The Members determined that it would be to their best advantage to cancel present rental of the Xerox 2400, and update this equip- ment with the 3600 model, thereby saving the Agency for the moving expense. After discussion, the following resolution was introduced: RESOLUTION N0. 2309 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE RENTAL OF XEROX COPIER N0. 3600 III, AND CANCELLING RENTAL OF XEROX COPIER NO. 2400 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, will be relocating its offices from the First American Title Building to the Andreson Building, the first of December, 1970; and WHEREAS, the Redevelopment Agency will be responsible for the moving expenses of our present Xerox Copier No. 2400 to said new location; and WHEREAS, upon calculation, it has been determined that an updated Xerox Copier No. 3600 III would cost the Agency comparibly the same amount as the present Copier No. 2400; and WHEREAS, it is to the best advantage of the Agency to cancel present rental of Xerox Copier No. 2400, and update this equipment with the Xerox Copier 3600 III, thereby saving the Agency a moving charge. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the cancellation of rental of Xerox Copier No. 2400 is hereby authorized with the replacement of this equipment by the Xerox Copier No. 3600 III, to be installed in the Andreson Building. Adopted: 17-5-70 Motion was made by Gutierrez and seconded by Wein authorizing the adoption of Resolution No. 2309. The motion was carried by the following vote, to wit: ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None BRIDGE CONNECTION - J. C. PENNEY COMPANY: Mr. Quinn introduced the representatives from the Penney Company -- Mr. Ed. Smolenski, Real Estate Department; Mr. Roy Etnyre, Construction Services; and Mr. Al DeGuglielmo, Architect. Mr. Lim, Gruen Associates, was introduced. P 1624 Mr. Quinn explained that at the time the plans for the 3-level parking structure, including the pedestrian bridge which will connect to the Penney Company Build- ing, were prepared, Penney Company did not have their plans and interior lay-out finalized. Due to modifications in their interior lay-out, their building was moved westerly 7'4", causing a need also to modify the pedestrian bridge. Mr. Quinn stated that he instructed Gruen Associates to offer the Agency a rough cost estimate for this bridge modification. The cost estimates for this work were provided by Donovan Construction in the amount of $12,000 for the necessary construction work, and $2,000 by Gruen for design and engineering. There was much discussion regarding the responsibility for the cast of this modification. Mr. Lim stated that Gruen Associates had to make certain assump- tions in preparing their plans for the parking structure and bridge, in that Penney Company did not have their final layout plans. Mr. Smolenski stated that ordinarily the tenant stores are constructed before the mall. This eliminates any changes in mall/parking structure construction. After much discussion, the members determined the situation unique, and that the fault should not be borne entirely by one party. Mr. Wein stated that he believed the cost should be shared between the Penney Company and the Agency. Mr. Smolenski stated that he would recommend to his company to pay 50%, or a maximum of $8,000, for the cost of this modification. After further discussion, the following resolution was introduced: RESOLUTION N0. 2310 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN EXPENDITURE OF 50% OF THE COST OF MODIFICATION TO PEDESTRIAN BRIDGE CONNECTING 3-LEVEL PARKING STRUCTURE TO PENNEY COMPANY BUILDING WHEREAS, the working drawings for the 3-level parking structure included a pedestrian bridge to connect with the proposed Penney Company building; and WHEREAS, due to modifications to the interior lay-out of the Penney Company building, said building was moved westerly 7'4"; and WHEREAS, this westerly move and interior design of said Penney Company build- ing required modifications to said pedestrian bridge; and WHEREAS, said 3-level parking structure construction contract has been let, and the contractor has been constructing said structure. Said modification requires an expenditure of additional funds; and WHEREAS, it is estimated that the cost of said modification will not exceed $16,000; and WHEREAS, Mr. Edmond Smolenski, of the Penney Company, has verbally agreed to recommend to his company to pay 50% of the cost of the modification, not to exceed $8,000. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that an expenditure of 50% of the cast of modifi- 1625 cation to the pedestrian bridge connecting the Penney Company building to the 3-level parking structure is hereby authorized. Said amount not to exceed $8,000.00. Adopted: 11-5-70 Motion was made by Wein and seconded by Webster Resolution No. 2310, authorizing an expenditure to the pedestrian bridge connecting the 3-level Company, based on the uniqueness of the situati~ fault should be equally shared. The motion was wit: Ayes: Wein, Webster, Gutierrez and Austin Absent: None authorizing the adoption of of 50% of the cost of modificatior parking structure to the Penney m , and the determination that the carried by the following vote, to Noes: None Abstention: None Mr. Varner asked Mr. Smolenski if he could give the Agency verbal approval of the Legal Description for the Penney Company buildings to be included in the REA. Mr. Smolenski stated his approval, subject to possible revisions by their New York Office. Mr. Smolenski stated that it is bad merchandising practice to have stairs on the pedestrian bridge instead of a ramp. The Members requested that this pos- sible change be reviewed and brought back to the board for comment. GRUEN ASSOCIATES - REA EXHIBIT: Mr. Quinn stated that in order to complete the REA documentation, Penney Company ,~ and Montgomery Wards are insisting on a detailed site plan reflecting parking requirements and both upper and lower level layout plans. Gruen Associates pro- pose. to provide this exhibit for an amount not to exceed $700. The following resolution was introduced: RESOLUTION NO. 2377 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF NOT MORE THAN $700 TO GRUEN ASSOCIATES FOR EXHIBIT FOR INCLUSION IN THE RECIPROCAL EASEMENT AGREEMENT WHEREAS, in order to complete the Reciprocal Easement Agreement documentation, Penney Company and Montgomery Wards are insisting on a detailed site plan re- flecting parking requirements and both upper and lower level layout plans; and WHEREAS, Gruen Associates have proposed to provide this Exhibit for inclusion in the REA for an amount not to exceed $700; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the expenditure of not more than $700 to Gruen Associates fora detailed site plan reflecting the parking requirements and both upper and lower level layout plans as an Exhibit to be included in the REA is hereby approved. Adopted: 11-5-70 1626 Motion was made by Wein and seconded by Webster authorizing the adoption of Reso- lution No. 2311. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None CHANGE ORDER STORM DRAIN: The Members were presented with a memorandum from the Operations Officer regarding a proposed Change Order to Northington's Storm Drain Contract. Said Memorandum informed the members that during the construction of the 30" storm line on "E" Street, the alignment was changed by Garner, Tee, Tracadas and Troy to avoid conflict with the telephone company cable. While digging in the area of Third and "E" Streets, debris was discovered. While removing this debris, a large cave in occured and exposed a 12" water main. The Water Department shut off the water main to avoid a possible break. Because of this new alignment, the storm drain line would be within 2' of the water line. The Water Department requested that the water line be replaced due to the movement of the line. This work is now being done under the existing Water Department Contract. In order to alleviate any possible cave in near the construction of the pedestrian bridge, the Contractor was ordered to skip the 60' section beneath the bridge and continue the laying of pipe up to Court Street. After the pedestrian bridge is poured the contractor would return and complete this section. Northington has agreed to perform this service for an amount not to exceed $4,992.73. The City has requested that all work on "E" Street be completed before the holidays. In order to accomplish this Class III concrete in lieu rof CT ass TI concrete is being substituted for the pedestrian bridge. This substitution will allow the shoring to be removed in 14 days after pouring instead of 28 days. The construction of the bridge should be complete by November 16th. This will allow Northington to complete his work in this area before the holidays. After discussion, the following resolution was introduced RESOLUTION N0. 2312 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO CHANGE ORDER N0. ONE WITH 0. B. NORTHINGTON, INC., FOR SITE PREPARATION UNIT NO. 71-A, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, the Agency has entered into Contract with 0. B. Northington, Inc., on October 27, 1970; and WHEREAS, during the construction of the 30" storm line on "E" St., the alignment was changed by Garner, Tee, Tracadas and Troy from 12' west of the center line to 10' west of the center line to avoid a conflict with the telephone company coaxial cable. While digging in the area of Third and "E" Streets, the area 3' below the surface was found to be saturated with large cobble stones, sand, and wood debris. In the process of removing the aforementioned debris, a large cave in occurred and exposed the 72" water main. The Water Dept. immediately shut off the water main to avoid a possible break that could cause flooding of the area. Because of 1627 this new alignment, the storm drain line would be withirc 2' of the water line. The Water Dept. informed this Agency that the water line would have to be re- placed in this area due to the movement of the line. This work is being done under the existing Water Dept. Contract with this Agency; and WHEREAS, in order to alleviate any possible cave in near the construction of the pedestrian bridge, the Contractor was ordered to skip the 60' section beneath the bridge and continue the laying of pipe up to Court Street. The Contractor would, after the pedestrian bridge is poured and shoring removed, return and complete this section of pipe. Because of the above mentioned problem, the Contractor notified this Agency of the extra charges that would be involved due to extra work, cost of additional pipe and an additional move in cost to complete the required work in the area of the pedestrian bridge; and WHEREAS, becuase of the required poured on the pedestrian bridge, in "E" Street, CHJ Materials Lab to substitute Class III concrete stitution will allow the shoring 28 day shoring limit after the concrete is and the time limit that all work be completed gyratory received permission from Gruen Associate<_ in lieu of Class II concrete. This sub- to be removed in 74 days after pouring; and WHEREAS, the cost of this substitution would be $3.10 per yard with an estimate of 300 yards required; and WHEREAS, an amount not to exceed $976.50 will be paid directly to Tri-City Concrete Company by Purchase Order; and - WHEREAS, 0. B. Northington, Inc., has agreed to perform the above mentioned extra work fora cost not to exceed $4,992.13. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary be hereby authorized to enter into Change Order No. 1 with 0. B. Northington, Inc., for an amount not to exceed Four Thousand, Nine Hundred Ninety Two and 13/100 Dollars, ($4,992.13). BE IT FURTHER RESOLVED that an amount not to exceed $976.50 shall be paid directly to Tri-City Concrete Company by Purchase Order. Adopted: 11-5-70 Motion made was Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2312. The motion was carried by the following vote, to wit: ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None "E" STREET COURT CHANGE ORDER - DIFFENBAUGH: Mr. Quinn advised that in order for the pool to work properly, and be operational when the "E" Street Court is complete, the following should be installed before the final finish work is completed by Diffenbaugh: 1. Install electrical panels and conduit runs from equipment pit to the pool. 2. Install pool filtering equipment, including necessary plumbing and drain lines. 1628 Mr. Quinn explained that this work is not additional work, it is just being done ahead of originally anticipated date. It was originally scheduled to be completed when the interior of the mall is to be landscaped by Lynesch and Reynolds. Mr. Krueger, Contract Inspector, strongly requested that a sump pump and exhaust fan also be installed. The total bid for this work from J. D. Diffenbaugh is not to exceed $19,319.60. Mr. Quinn further stated that Mr. Mel Harris has requested that the "E" Street Court pool be enlarged from 15' diameter to 22', in order to provide a place for his proposed "Fountain in Programmed Motion". Mr. Quinn stated that Gruen Associates feels that if the pool is enlarged it will be the best place for this sculpture, but if the sculpture is not donated for the mall, the pool will still have a good esthetic appearance. Diffenbaugh has proposed a sum of $1,280 to enlarge this pool. Mr. Gutierrez stated that the Agency does not have any definite agreement from Mr. Harris that the sculpture will be donated, and until the Agency does receive such a committment be does not feel the Agency should expend $1,280 to enlarge this pool. All Members agreed. Mr. Webster requested that Mr. Harris be invited to attend a future meeting to present the model of the propasedsculpture to the Board. After further discussion, the following resolution was introduced RESOLUTION N0. 2313 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CHANGE ORDER N0. 12 WITH THE J. D. DIFFENBAUGH CO., INC., SITE PREPARATION UNIT N0. 2, CENTRAL CITY PROJECT N0. 1, CALIF, R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into a Contract with the J. D. Diffenbaugh Co. for Site Preparation Unit No. 2, Central City Project, Calif. R-79, dated June 27, 1969; and WHEREAS, in order for the Reflection Pool to work properly and be operational when the "E" Street Court is completed, it is necessary to install electrical panels and conduit runs from equipment pit to the Reflection Pool; and WHEREAS, it has also became necessary to install pool filtering equipment, including the necessary plumbing and drain lines; and WHEREAS, Supplemental Plan Sheet L-2 drawn by Linesch and Reynolds, Landscape Architects is now available for Contractor's assistance; and WHEREAS, Contractor has agreed to perform said work at a cost not to exceed Nineteen Thousand, Three Hundred Nineteen and 60/100 ($19,319.60). 1629 NOW, THEREFORE, BE IT R€SOLVED that the Redevelopment Agency and the J. D. Diffenbaugh Co. be authorized to enter into Change Order No. 72 for an amount not to exceed $19,319.60. Adopted: 11-5-70 Motion was made by Wein, and seconded by Gutierrez authorizing the adoption of Resolution No. 2373. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Webster and Austin Noes: None Abstention: None Absent: None TELEPHONE INSTALLATION - ANDRESON BUILDING: Mr. Quinn explained that the cost for installation of our exact phone system as we presently have, in the Andreson Building is $909.50. The new monthly rate will be $232.40. Mr. Glassock stated that this new monthly rate is approximately $4.00 more than our rate now. After discussion, the following resolution was introduced: RESOLUTION N0. 2314 RESOLUTION OF THE REDEVELOPMENT AGNECY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN EXPENDITURE OF NOT TO EXCEED $909.50 FOR TELEPHONE INSTALLATION, AND A MONTHLY RATE OF $232.40 FOR TELEPHONE SERVICE - ANDRESON BUILDING WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, will be relocating their offices the first of December, 1970, to the Andreson Building, 320 North "E" Street, San Bernardino, California; and WHEREAS, the Agency desires a Leich 40 Switchboard to be installed in new offices; which system is the same as is presently being used; and WHEREAS, the cost for installation of this system is $909.50, and the new monthly rate will be $232.40. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that an expenditure of not to exceed $909.50 for tele- phone installation, and a monthly rate of $232.40 for telephone service, is hereby approved. Adopted: 11-5-70 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2314. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Webster and Austin Noes: None Abstention: None Absent: None LEASE AGREEMENT - ANDRESON BUILDING: Mr. Quinn explained that Allied Properties, owners of the Andreson Building, have presented the Agency with a Lease Agreement for the occupancy of Rooms 'y 403, 404, 405, 406, 407, 408, 409 and 470, consisting of 3,229 sq. ft., for the rental rate of $7,130.15 per month. Mr. Quinn requested authorization to execute this lease, subject to the review and approval of the Agency Counsel. The following resolution was introduced: 1630 RESOLUTION N0. 2315 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF LEASE AGREEMENT WITH ALLIED PROPERTIES FOR OFFICE SPACE WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, is desirous of relocating their offices from the First American Title Building to the Andreson Building, 320 North "E" Street, San Bernardino, California; an d WHEREAS, Allied Properties, owners of the Andreson Building, have presented the Agency with a Lease Agreement for the occupancy of Rooms 403, 404, 405, 406, 407, 408, 409 and 410, consisting of 3,229 sq. ft., for the rental rate of $1,130.15 per month. 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 Rental Agreement with Allied Properties for the occupancy of office space in the Andreson Building, 320 North "E" Street, San Bernardino, California, subject to the approval of the Agency Counsel of said Lease Agree- ment. Adopted: 11-5-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Reso- lution No. 2375. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None AGENCY MOVE TO ANDRESON BUILDING: Three bids were received for the move of the Agency offices to the Andreson Building. The low bid was received from Westbrook Van and Storage Company in the amount of $570.00. The following resolution was introduced: RESOLUTION N0. 2316 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF NOT TO EXCEED $570.00 TO WESTBROOK VAN & STORAGE COMPANY FOR THE MOVING OF AGENCY FROM ITS PRESENT LOCATION TO THE ANDRESON BUILDING WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, will be relocating their offices the first of December, 1970 to the Andreson Building, 320 North "E" Street, San Bernardino, California; and WHEREAS, bids were received for the moving of said Agency offices; and WHEREAS, the lowest bid was received from Westbrook Van and Storage Company, in the amount of $570.00; and WHEREAS, the Agency Members have reviewed said bids and find it in the best interest of the Agency to accept said bid of Westbroook Van & Storage. 1631 NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that an expenditure ofi not to exceed $570.00 is hereby approved to Westbrook Van and Storage Company, for the moving of Agency offices from its present location to the Andreson Building. Adopted: 11-5-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2316. The motion was carried by the following vote to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None OTHER BUSINESS: Mr. Austin stated that he has been contacted by Mayor Ballard, requesting that the parking lot rented to the Harris Company be provided ~ free public parking, due to the lack of parking in the downtown area and the construction taking place. Mr. Harris has agreed to cooperate fully with the Agency towards this request. There was much discussion regarding the type of control, if any, to maintain on this parking lot. After reviewing the situation thoroughly, the Members determined that it would be to the best interest of the Agency and the City of San Bernardino to declare a 120 day moratorium on lease payments made by the Harris Company, in order to provide free public parking, without validation, time limits, or control. The Members further determined that the Agreement with the Harris Company, shall provide maintenance, insurance and utilities. The following resolution was introduced: RESOLUTION N0. 2377 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING A 120 DAY MORATORIUM ON LEASE PF~YMENTS, TO RENTAL AGREEMENT WITH THE HARRIS COMPANY FOR BLOCKS 78, 19, and 20, R-79 (PARKING AREA) WHEREAS, the Harris Company has entered into a Rental Agreement with the Rede- velopment Agency of the City of San Bernardino, for rental of the Agency •s parking facility between "E" and "G" Streets abutting Second Street for a rental fee of $26,400 per year, or $2,200 per month, on a month to month tenancy, until such time as the commercial portion of the mall is established; and WHEREAS, due to the lack of parking in the downtown area and the construction taking place, the Agency has been requested by the City of San Bernardino to supply free public parking to the downtown shoppers; and WHEREAS, the Harris Company has agreed to cooperate fully with the Agency towards this request; and WHEREAS, the Agency Members have reviewed the situation thoroughly and have determined that it would be to the best interest of the Agency and the City of San Bernardino to declare a 120 day moratorium on lease payments made by the Harris. Company, in order to provide free-public parking, without validation or time limits; and 1632 WHEREAS, the Agency members desire to retain in said Agreement that the Harris Company is to provide maintenance, insurance and utilities. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that a 120 day moratorium on lease payments be placed on Rental Agreement with the Harris Company for Parking Area, R-79; thereby providing free public parking, without validations, time limits, or control imposed. BE IT FURTHER RESOLVED that the Harris Company shall provide maintenance, insurance and utilities for the area. Adopted: 11-5-70 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2317. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Webster and Austin Noes: None Abstention: None Absent: None The Members stated that if the Harris Company has any objection to this deter- mination or desires any modification regarding the maintenance, insurance and utilities, that they should feel free to come before the board and present their modifications. Pending the approval of the Harris Company on this action, the Chairman appointed Mr. Wein to work with Mr. Quinn regarding a sign for the enie~ance of the parking area, as well as other possible advertising of the area. Mr. Krueger, Contract Inspector, stated that the heavy duty equipment and con- struction vehicles would arrive in the morning prior to the opening of the lot, and therefore the Agency would not have to worry about these vehicles occupying the area. Mr. Wein stated that he is in receipt of a memorandum regarding a possible problem regarding the proposed City Ha1T building and the 5-level parking structure. Mr. Quinn stated that this problem has been resolved. Mr. Quinn stated that another meeting with Gruen Associates will be held to review their Cost Study. ADJOURNMENT: Motion was made by Webster and seconded by Wein to adjourn the meeting at 6:30 p.m. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez, and Austin Noes: None Abstention: None Absent: None 1633 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 19TH DAY OF NOVEMBER, 1970, 323 COURT STREET, SAN BERNARDINO, CALIFORNIA The Chairman called the meeting to order at 4:15 p.m. Roll Call showed the following: Agency Members Present: Austin, Webster, Wein and Gutierrez Agency Members Absent: None Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of November 5, 1970 were submitted for approval. Motion was made by Wein and seconded by Webster approved the Minutes of November 5, 1970 as submitted. The motion was carried by the following vote to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None Mr. Webster asked if the formal agreement between the Agency and. F. I. DuPont, Glore Forgan & Co. has been executed. Mr. Varner stated that is on its way back to the Agency from Mr. Norwitz and we should be in receipt of it shortly. - EXPENDITURES: The Expenditures for the month of October, 1970 were submitted for approval. Motion was made by Webster and seconded by Wein approving the Expenditures as submitted. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez, and Austin Noes: None Abstention: None Absent: None Mr. Webster reviewed the investments with the members. He stated that the Agency is distributing its investments fairly within the local banks, to the best of the Agency's advantage. REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. C & J ENTERPRISES - DEVELOPMENT OF REUSE PARCEL 88, R-70 Mr. Phil McCririe presented the plans for their proposed development of Reuse Parcel 88, R-10. The building will be two stories totaling approxi- mately 7,500 square feet. The first story will be 110' x 50' and the second story will be 40' x 50'. The approximate construction cost will be $123,000.00 with Spanish architecture. There will be a set-back of 15', which will make the proposed development parallel to Reliable Bearing. Several tenants will occupy the premises. 1634 Construction is to start on or before January 31, 1971, with construction to be complete in approximately 60 days. The Members determined that due to the rainy season, 90 days would be allowed for completion. Mr. Wein stated that if C & J do not start construction by 1-31-71, and request an extension of time, he believes the Agency should consider at that time the possibility of obligating them to pay an amount in lieu of the taxes which would be received for the development. This would be in keeping with the policy adopted at the Regular Meeting of 11-5-70. All members agreed. After further discussion, the following resolution was introduced: RESOLUTION N0. 2318 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE EXTENSION OF TIME TO COMMENCE CONSTRUCTION ON REUSE PARCEL 88, R-10, TO NO LATER THAN JANUARY 31, 1971, AND AUTHORIZING SECOND AMEND- MENT TO AGREEMENT WHEREAS, the Redevelopment Agency of the City of San Bernardino, California and C & J Enterprises entered into an Agreement for the sale and development of Reuse Parcel 88, R-10, on April 16, 1968; and WHEREAS, C & J Enterprises has made extensive unsuccessful attempts to locate a tenant for their improvements to be constructed on the subject property; and WHEREAS, C & J Enterprises has agreed to construct a building of not less than 7,500 square feet; and WHEREAS, it is deemed to be in the best interest of all concerned to extend the time of commencement of construction; and WHEREAS, construction is to begin on or before January 31, 1971, and to proceed to completion on or before April 30, 1971. NOW, THEREFORE, BE IT RESOLVED, by the Redevelopment Agency of the City of San Bernardino, California, that the extension of time to commence construc- tion of Reuse 88, R-10, is hereby approved to no later than January 31, 1971 and completion date is extended to no later than April 30, 1971. BE IT FURTHER RESOLVED, that should said C & J Enterprises fail to commence construction on or before January 37, 1971, the Board shall consider assessing C & J Enterprises a per month penality in lieu of taxes, figured on the improvement value of $123,000.00. BE IT FURTHER RESOLVED, that the Chairman and Secretary are hereby authorized and directed to enter into an Amendment to Agreement setting forth the above terms. Adopted: 11-79-70 1635 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2318 extending time to commence construction to no later than January 31, 1971. If construction does not start by January 31, 1971 the Board will give consideration to obligating developer to make payments in lieu of taxes on proposed development. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein, and Austin Noes: None Abstention: None Absent: None ARROWHEAD ENGINEERING - CONTRACT AMENDMENT: Mr. Quinn advised that the Real Estate Department has estimated that if an additional $10,000 is added to the upset figure of Arrowhead Engineer- ing's Real Estate Contract, said increase should suffice for the duration of the project. After discussion, the following resolution was introduced: RESOLUTION N0. 2319 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT TO CONTRACT WITH ARROWHEAD ENGINEERING R-79 REAL ESTATE CONTRACT, TO IN- CREASE UPSET FIGURE FROM $20,000 TO $30,000 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with Arrowhead Engineering for professional ser- vices for Calif. R-79. on Aoril 24. 1969: and WHEREAS, it is necessary to increase the upset figure of said contract in order to enable enough funds to suffice for the duration of the project. NOW, THEREFORE, BE IT RESOLVED that paragraph 4. METHOD OF PAYMENT is hereby amended, increasing the maximum sum of said Contract with Arrow ead Engineer- ing from $20,000 for all services rendered, to $30,000. Adopted: 11-19-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2319. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None CERTIFICATE OF COMPLIANCE - REUSE 33, R-10: The following resolution was introduced: RESOLUTION NO. 2320 RESOLUTION AUTHORIZING ISSUANCE OF REDEVELOPER'S CERTIFICATE ~,~ OF COMPLIANCE TO GEORGE SHANE AND ANNETTE SHANE, HYMAN SHANE AND DOROTHY SHANE 1636 WHEREAS, George Shane and Annette Shane, husband and wife as joint tenants, as to an undivided 1/2 interest, and Hyman Shane and Dorothy Shane, husband and wife as joint tenants, as to an undivided 1/2 interest, hereinafter called the Redevelopers, have entered into an Agreement and Grant Deed with the Redevelopment Agency of the City of San Bernardino; and WHEREAS, said Agreement, dated November 22, 1968, was recorded on August 5, 1969, in Book 7280 on page 226 and said Grant Deed, dated December 10, 1968, was recorded on August 5, 1969, in Book 7280 on page 251, both in the Official Records of the County Recorder of the County of San Bernardino, State of California; and WHEREAS, in Section 3 of said Agreement and in Section 4 of said Grant Deed, Redevelopers covenanted and agreed, for itself, its successors and assigns to construct certain improvements on the hereinafter described real property, within the time and in the manner set forth in said Agreement; and WHEREAS, the Agency agreed in Section 4 of said Agreement and in Section 5 of said Deed to furnish the Redevelopers with an instrument certifying com- pletion of said improvements in accordance with the provisions of said Grant Deed upon Redeveloper's completion thereof; and WHEREAS, said real property is described as: Lot 21, except the westerly 13' thereof and Lots 22, 23 and 24, in Block 3, BEDFORD BROS. SUBDIVISION, in the City of San Bernardino, County of San Bernardino, State of California, as per prat recorded in Book 8 of Maps, page 30, records of said County, together with the North 1/2 of the 15 foot alley adjoining said property on the South, as vacated by Resolution No. 6746 of the Mayor and Common Council of the City of San Bernardino on November 6, 1961, a certified copy of such Resolution being recorded in Book 5586, page 234, Official Records. NOW, THEREFORE, BE IT RESOLVED in accordance with Section 4 of said Agree- ment and Section 5 of said Grant Deed, that the Agency does hereby con- clusively certify and give notice that the Redevelopers have fully satisfied, terminated, and completed for itself, its successors and assigns, all covenants and agreements with respect to the obligation of Redevelopers for the construction of improvements and dates for the beginning and com- pletion thereof, provided for in said Agreement and Grant Deed upon the hereinafter described real property. IT IS FURTHER 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 execute and have recorded with the County Recorder of the County of San Bernardino a "Certificate of Compliance" Adopted: 11-19-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2320. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None 1637 CHANGE ORDER DIFFENBAUGH - DELETION OF WORK: Mr. Quinn stated that the Harris Company has requested that the Agency delete from Diffenbaugh's contract the west end of the "E" Street court adjacent to the proposed new Harris Co. Building. The Harris Company will have this work accomplished in their building contract. Diffenbaugh has stated that he will delete this work, and decrease the con- tract in the amount of $7,243. The Harris Company has agreed to provide this Agency with a Performance Bond in the amount of $2,500 to assure that this portion of the court will be completed in accordance with the existing plans. The Agency will reimburse the Harris Company a credit amount not to exceed $1,243. Any additional costs to complete this work will be borne by the Harris Company. After further discussion, the following resolution was introduced: RESOLUTION N0. 2321 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CHANGE ORDER NO. 13 WITH THE HARRIS COMPANY, J. D. DIFFENBAUGH, INC., SITE PREPARATION UNIT NO. 2, CENTRAL CITY PROJECT N0. 1 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into a Contract with the J. D. Diffenbaugh Co. for Site Preparation Unit No. 2, Central City Project No. 1, Calif. R-79 dated June 27, 1969; and WHEREAS, it is the desire of the Harris Company to delete a portion of the West end of the "E" Street Court adjacent to the proposed new Harris Company building and the large planter. Said deletion to be a strip of paying approximately 9 feet wide by 41 feet long; and WHEREAS, the Harris Company also requested that a 10 foot wide strip of paving on the South side of Court adjacent to the existing Harris Company building be installed as sub-paving to be held approximately 2 inches be- low finished elevation; and WHEREAS, this Agency will reimburse the Harris Company a credit amount not to exceed $1,243,any additional costs to complete said work will be borne by the Harris Company; and WHEREAS, the Harris Company has agreed to provide this Agency with a Per- formance Bond in the amount of $2,500 to assure this Agency that said portion of the Court be completed in accordance with the existing plans. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency, J. D. Diffenbaugh Co. and the Harris Company be authorized to enter into Change Order No. 13 for an amount not to exceed One Thousand, Two Hundred Forty Three and no/100 Dollars ($1,243.). NOW, THEREFORE, BE IT FURTHER RESOLVED that said amount of $7,243 is a Credit from J. D. Diffenbaugh Co. to this Agency. Adopted: 11-19-70 7638 Motion was made by Webster and seconded by Wein authorizing the adoption of Resolution No. 2321. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None CHANGE ORDER DIFFENBAUGH - "E" STREET COURT FOUNTAIN: Mr. Austin stated that at the last meeting a request from the Harris Company for the enlargement of the "E" Street Court Fountain was considered. Harris Company requested this enlargement in order to provide a place for their proposed "Fountain in Programmed Motion" or other sculpture. The Board, at this meeting, determined to wait until the Agency receives a definite committment for the donation of a sculpture, before expending funds for the enlargement. Mr. Quinn stated that we are in receipt of a letter from Mr. Melville D. Harris. Said letter was ordered spread on the minutes - as follows: November 18, 1970 Board of Directors Redevelopment Agency of The City of San Bernardino 323 Court Street San Bernardino, California 92407 Gentlemen: This is to inform you of the intention of The Harris Company to pay for the additional cost of widening of the pool located in the Plaza between the Andreson Building and Harris', to accommodate a sculptured Fountain. It is our understanding that this cost of widening the pool to 24 feet will be $7300, which will be payable upon demand. The purpose of this is to make possible the housing of a beautiful sculptured Fountain in Programmed Motion, by one of California's fine sculptors. It is my understanding that there are no funds available to provide this work of art through the Agency, and therefore I would be willing to head a committee of community leaders to undertake a fund raising effort in the community as a memorial to one of San Bernardino's great citizens to provide the funds fora most attractive piece of art for the reflection pool. You no doubt are aware of the outstanding sculpture acquired for the Fresno California Mall by private citizens who raised $184,000 for the fine art program. If your Board will authorize the above action, I will be most happy to make a presentation to you of the preliminary work that has been done on this Fine Arts Project and to familiarize you with the works of John Arthur Augsburger, the Architectural Sculptor. 1639 Looking forward to a favorable answer, I remain Very truly yours, s/Melville D. Harris Mel vi e D. Harris Vice President Mr. Austin stated that the architect has advised him that even if the sculpture is not donated, the e~ arged fountain will complement the mall. After further discussion, the following resolution was introduced: RESOLUTION N0. 2322 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER N0. 14 WITH HARRIS CO. AND J. D. DIFFEN- BAUGH, INC. SITE PREP UNIT N0. 2, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into a Contract with J. D. Diffenbaugh Co. for Site Preparation Unit No. 2, Central City Project No. 1, Calif. R-79, dated June 27, 7969; and WHEREAS, it is the request of the Harris Company to enlarge the "E" Street Reflection Pool from 15' to 22' inside diameter in order to provide the area needed for the "Fountain Programmed in Motion"; and WHEREAS, J. D. Diffenbaugh Co. has agreed to perform to work far an amount not to exceed $1,280; and WHEREAS, J. D. Diffenbaugh Co. is to send all billings and/or statements to The Harris Co., Third and "E" Streets, San Bernardino, California, Attention: Melville Harris, directly; and WHEREAS, this Agency is in no way connected with the billing procedures in reference to the above. NOW, THEREFORE, BE IT RESOLVED that the Chairman and Secretary be authorized to enter into Change Order No. 14 with Harris Co., J. D. Diffenbaugh Co. for an amount of $1,280. Adopted: 11-79-70 Motion was made by Gutierrez and seconded by Wein authorizing the adoption of Resolution No. 2322, providing for a Change Order to J. D. Diffenbaugh's contract for Mall Construction, whereby the "E" Street Court Fountain is enlarged, with all expenses to be incurred by the Harris Company. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Wein, r.., Webster and Austin Noes: None Abstention: None Absent: None 1640 OTHER BUSINESS: Mr. Quinn stated that Resolution 2302 of the Agency established the Agency's Regular Board Meetings to be held in the Andreson Building beginning in December, 1970. The telephone company will not be able to install the telephone system until after December 25th. The following resolution was introduced: RESOLUTION N0. 2323 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING RESOLUTION N0. 2302, ESTABLISHING DATE OF NEW LOCATION FOR REGULAR MEETINGS WHEREAS, Resolution No. 2323, adopted October 15, 1970, provided that the Agency move its offices and regular meeting place to the Andreson Building, 320 North "E" Street, San Bernardino, California, effective December 1, 1970; and WHEREAS, installation of telephone service cannot be accomplished until after December 25, 1970; NOW, THEREFORE, BE IT RESOLVED that Resolution No. 2323 is hereby amended to provide for the postponement of moving the Agency offices and place of Regular Meetings until after December 25, 1970. The first meeting in January, 7971 will be held in the Andreson Building. Adopted: 11-19-70 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2323. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Webster and Austin Noes: None Abstention: None Absent: None Mr. Quinn stated that during December, all Regular Board Meetings will be held in the First American Title Building. After that date, the meetings will be held in our new offices in the Andreson Building. Engineerinq Proposals Mr. Austin stated that the American Society of Professional Engineers has instructed any engineers in San Bernardino that if they submit a proposal for work on a bid-basis, that they would be subject to losing their license. The Agency is in need of receiving bids for the guniting of Warm Creek Channel. Mr. Austin stated that he contacted Arrowhead Engineering re- garding their stand. Arrowhead Engineering stated that they would perform the work under the same hourly rate as their present contract, and handle same as a change order to their contract. Mr. Wein stated that he would like to know exactly what a job is going to cost. On the hourly basis the Agency does not know the cost until the job is finished. 1641 In order to increase minority participation in our project, Mr. Austin suggested seeking bids from minority contractors. These contractors '" would probably be outside of the San Bernardino area. The Members determined that if the Agency must seek proposals for engineering work outside of the City of San Bernardino, in order to receive a definite price, then our policy of inviting proposals shall change. In the past proposals have been sought from San Bernardino firms only. Owner Participation, Allied Properties Mr. Varner stated that we have not received the executed Owner Participation Agreement with Allied Properties. The attorney for the purchasing owners has advised him that their escrow will close shortly. If we do not receive the Owner Participation Agreement with Allied Properties before the escrow closes, we will enter an OP Agreement with the new owners. Real Estate Acquisition Mr. Quinn stated that Real Estate Acquisition in the Central City Project is complete. Approximately $19,200,000 was the original figure set up in the budget for this acquisition. Our acquisition completion only ran $339 over this original estimate---this is a very good accomplishment. Minority Participation Mr. Webster advised the Members that a Minority Advisory Committee has been formed within the area. Their goal is to act as a spokesman for the desires and needs of the minority community. The Members stated that they would consider any request made by this committee. ADJOURNMENT: Motion was made by Webster and seconded by Gutierrez adjourning the meeting at 5:05 p.m. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None y 1642 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 3RD DAY OF DECEMBER, 1970, 323 COURT STREET, SAN BERNARDINO, CALIFORNIA The Meeting was called to order at 4:05 p.m. Roll Call showed the following: Agency Members Present: Austin, Webster, Wein and Gutierrez Agency Members Absent: None Also Present: Mr. Ouinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of November 19, 7970 were submitted for approval. Motion was made by Wein and seconded by Gutierrez approving the minutes as submitted. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Webster, and Austin. Noes: None Abstention: None Absent: None REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. APPROVAL OF RECIPROCAL EASEMENT AGREEMENT: Mr. Quinn noted for the record that each of the members had been furnished a copy of the Reciprocal Easement Agreement (REA). Mr. Varner stated that the REA brings all of the parties involved in Mall Development together under one agreement. The parties involved in this Agreement are the Central City Company, the J. C. Penney Company, Monwar Properties, the Harris Company, Upham Trust, Connecticut General, City of San Bernardino, and the Redevelopment Agencv. This document deals with the many complex problems and covers all of the miscell- aneous agreements that are required when a shopping center is formed and a number of major stores enter into the development. Starting and completion dates of all developments are set forth in this document. This document in no way makes anv changes in the obligations the Agency has already undertaken, nor in any way changes the Redevelopment Plan or any of the Disposition Agreements. The document is for the benefit of each of the parties entering into the development in the mall area. It is not a public document until all parties have approved and executed the agreement. Except for the City of San Bernardino, the Agency will be the last to sign the agreement. Mr. Varner and Mr. Ouinn stated that in view of the many different situations involving each company and that since each company had its own development proce- dures, the document had taken some time to negotiate and complete. For example, J. C. Penney Co. and Montgomery Wards are involved in developments through the United States. They have uniform procedures that generally must be followed. Accordingly, these procedures are included in the REA and in part dictate many of the terms of the agreement. The document provides for all stores to start shortly after the first of the year. Penney's is scheduled to start last. 1643 Mr. Varner commended all of the parties to the Agreement for their efforts in bringing the Agreement to final form. Mr. Varner stated that he and Mr. Quinn have thoroughly reviewed the REA'and he would recommend approval as submitted. If it is approved by the Board, it should be handcarried to all the parties involved far their approval and signature. If no revisions are made, and the document is executed by all parties, he would recommend execution by the Agency. If there are revisions made by the other parties involved, the document should be brought back to the Agency for its approval of said revisions. After execution by all parties and the Agency, it will be sent to the City for execution. After full discussion, Mr. Webster introduced the following resolutions: RESOLUTION N0. 2324 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, GRANTING PRELIMINARY APPROVAL OF THE RECI- PROCAL EASEMENT AGREEMENT, AND AUTHORIZING EXECUTION OF SAME, IN THE EVENT THERE ARE NO REVISIONS WHEREAS, a document entitled Reciprocal Easement Agreement (hereinafter called REA) has been submitted to the Redevelopment Agency for its review and approval; and WHEREAS, said REA is to be approved and executed by Central City Company, the - Penney Company, Monwar Properties, Harris Company, Upham Trust, Connecticut General, City of San Bernardino, and the Redevelopment Agency of the City of San Bernardino; and WHEREAS, the Agency staff and Legal Counsel have thoroughly reviewed said REA and have discussed the REA with all members of the governing body of the Redevelopment Agency of the City of San Bernardino, and the City of San Bernardino. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that said REA is approved for execution and the Chairman and Secretary are authorized to execute said REA, providing there are no further re- visions to said REA from the date of adoption of this resolution. Adopted: 12-3-70 Motion was made by Webster and seconded by Wein authorizing the adoption of Resolution No. 2324. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None RESOLUTION N0. 2325 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING P. W. QUINN, JR., BRUCE D. VARNER, AND ANY OTHER INTERESTED BOARD MEMBER, TO TRAVEL TO ~'"' CHICAGO, NEW YORK, CONNECTICUT, AND TEXAS, DECEMBER 9-11, 1970 1644 WHEREAS, Resolution No. 2043 of the Redevelopment Agency of the City of San Ber- nardino, California, requires that each trip made by an Agency Member or Staff Member outside of the City of San Bernardino, California, be specifically authorized by a Resolution of the Aqency Members; and WHEREAS, it is found essential for P. W. Quinn, Jr., Bruce D. Varner, and any other interested Board Member, to travel to Chicago, New York, Connecticut and Texas, December 9-71, 1970, to obtain approval of the Reciproaal Easement Agree- ment for all parties involved. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency does hereby authorize P. W. Quinn, Jr., Bruce D. Varner, and any other interested Board Members, to travel to Chicago, New York, Connecticut, and Texas, December 9-77, 1970, and their travel expenses are hereby approved in accordance with Resolution No. 2043, as amended. Adopted: 12-3-70 Motion was made by Webster and seconded by futierrez authorizing the adoption of Resolution No. 2325, authorizing the travel of Mr. Quinn, Mr. Varner and any Board Members, to carrv the Reciprocal Easement Agreement to all parties involved for approval. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None REAL ESTATE CONDEMNATION SEMINAR, 12-4-70, LOS ANGELES: Mr. Ouinn requested authorization for two staff members to attend the Real Estate Condemnation Seminar to be held December 4, 1970, in Los Angeles, He further stated that it would be very interesting to any Board Member who would desire to attend. After discussion, the following resolution was introduced: RESOLUTION N0. 2326 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING TWO STAFF MEMBERS AND ANY INTERESTED BOARD MEMBER TO ATTEND A REAL ESTATE CONDEMNATION SEMINAR, DECEMBER 4, 1970, LOS ANGELES, CALIFORNIA WHEREAS, Resolution No. 2043 of the Redevelopment Agency of the City of San Ber- nardino, California, requires that each trip made by an Agency Member or Staff Member outside of the City of San Bernardino, California, be specifically authorized by a Resolution of the Agencv Members; and WHEREAS, it is found essential for two staff members and any interested Board Member to travel to Los Angeles, California, December 4, 1970, to attend an MAI Real Estate Condemnation Seminar. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Aqency of the City of San Bernardino, California, that the Agency does hereby authorize two staff members and any interested Board Member to attend a Real Estate Condemnation Seminar, December 4, 1970, Los Angeles, California, and their travel expenses are hereby approved in accordance with Resolution No. 2043, as amended. Adopted: 12-3-70 1645 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2326. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None ANDRESON BUILDING Mr. Quinn stated that Allied Properties originally offered office space to the Agency in the Andreson Building at the rate of 35¢ sq. ft „ and they would accomplish the renovation. A lease was approved on this basis. They have now stated that they will rent the office space to the Agency for 25¢ sq. ft. if the Agency will accomplish the renovation itself. Bids were invited for this renovation, the lowest submitted was $7,980. The staff reviewed the work that is needed to be done, and after careful determination, is quite sure the necessary work can be done for approximately $2,500. Mr. Quinn requested authority for the Agency to act as their awn general contractor and have the work accomplished. HUD does not require that bids be solicited for work $2,500 or under. After discussion, the following resolution was introduced: RESOLUTION NO. 2327 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF LESS --. THAN $2,500 FOR NECESSARY RENOVATION OF OFFICE SPACE IN THE ANDRESON BUILDING WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to lease certain office space from Allied Properties; and WHEREAS, it is desired by the Agency to accomplish certain necessary improve- ments in said office space; and WHEREAS, the cost of certain improvements shall be borne by the Agency. 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 contract for the necessary improvements at a cost not to exceed $2,500.00. Adopted: 12-3-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2327, authorizing the Agency to act as their own general con- tractor for the renovation of office space in the Andreson Building, and authorizing an expenditure of less than $2,500 for said work. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None r~ 1646 Mr. Quinn requested authorization to enter into a new contract with Allied Properties at 25~ sq. ft. The Members requested that the Lease specify that Allied Properties guarantee the Agency 18 months occupancy, and the Agency guarantee Allied Properties six months occupancy, with option for the remaining 12 months. After further dis- cussion, the following resolution was introduced: RESOLUTION N0. 2328 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE LEASE AGREEMENT WITH ALLIED PROPERTIES FOR OFFICE SPACE IN THE ANDRESON BUILDING AT 25¢ PER SQUARE FOOT WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to lease office space from Allied Properties; and WHEREAS, said office space to be leased, shall be leased at a price not to exceed $.25 per square foot; and WHEREAS, said lease shall run fora period of six months, and shall contain the option for 18 months occupancy. 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 to execute the lease with Allied Properties on behalf of the Agencv. Adopted: 12-3-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2328. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez, and Austin Noes: None Abstention: None Absent: None HARRIS COMPANY, POOL CHANGE ORDER: Mr. Quinn explained that the cost for the enlarging of the "E" Street Pool has increased from $7,280 to $3,180. Harris Company has agreed to incur this additional expense. Authority was requested to amend Resolution No. 2322, authorizing the Change Order, increasing the amount of the Change Order from $1,280 to $3,180. Mr. Wein stated that he would like the authorization to in- clude the provision that the Harris Company will still pav for the Change Order even if the sculpture is not donated for the pool. Mr. Varner stated that this could be set forth in the Change Order. After discussion, the fol- lowing resolution was introduced: RESOLUTION N0. 2329 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AMENDING RESOLUTION N0. 2322, AUTHORIZING CHANGE ORDER TO DIFFENBAUGH CONTRACT, BY INCREASING AMOUNT OF CHANGE ORDER FROM $1,280 to $3,180 1647 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into a Contract with J. D. Diffenbaugh Co. for Site Preparation Unit No. 2, Central City Project No. 1, Calif. R-79, dated June 27, 1969; and WHEREAS, it is the request of the Harris Company to enlarge the "E" Street Court Reflection Pool from 15' to 22' inside diameter in order to provide the area needed for the "Fountain Programmed in Motion"; and WHEREAS, J. D. Diffenbaugh Co. has agreed to perform the work for an amount not to exceed $3,180; and WHEREAS, J. D. Diffenbaugh Co. is to send all billings and/or statements to The Harris Company, Third and "E" Streets, San Bernardino, California, Attention: Melville D. Harris, Vice President; and WHEREAS, this Agency is in no way connected with the billing procedures in reference to the above; and WHEREAS, in the event the above mentioned Fountain Programmed in Motion does not come into fruition, this Agency will not be responsible to reimburse the Harris Company any monies. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Chairman and Secretary be authorized to enter into Change Order No. 14 with Harris Company, J. D. Diffen- baugh Co., for an amount of $3,180. Adopted: 12-3-70 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 2329. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None Mr. Wein requested that a Certified Copy of this resolution be sent to Mr. Harris. Mr. Quinn stated that this will be done. OTHER BUSINESS: Mr. Varner stated that on November 23rd, Mayor Ballard requested that he accompany him on a trip to Washington D. C. to look into the status of our various projects. They met with Congressman Pettis and Senator Elect Tunney regarding the projects, and the status of the Appropriation Bill for HUD funds. The Bill passed in the amount of $1,200,000,000. The Department has requests for approximately $2,000,000,000 in amendatory applications alone. It is therefore very important that the Agency keep in close contact with D. C., in order that our projects are alloted the necessary funding. Mr. Varner stated that our Agency continues to hold a very high reputation in Washington. .~ The Members asked about the status of the State College Project Application. Mr. Varner stated that the application is in Los Angeles, and should be for- warded to Washington very shortly. ""° Authorization was requested for payment of Mr. Varner's expenses to Washington D. C. The following resolution was introduced: 1648 RESOLUTION N0. 2330 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO> CALIFORNIA, APPROVING THE TRAVEL OF BRUCE D. VARNER, AGENCY COUNSEL, TO WASHINGTON, D. C., NOVEMBER 23-25, 1970 WHEREAS, Resolution No. 2043 of the Redevelopment Agency of the City of San Bernardino, California, requires that each trip made by an Agency Member or Staff Member outside of the City of San Bernardino, California, be specifically authorized by a Resolution of the Agency Members; and WHEREAS, it was found essential for Agency Counsel, Bruce D. Varner, to travel to Washington, D. C., November 23-25, 1970, to meet with Congressman Pettis and Senator Elect Tunney regarding Urban Renewal Bill appropriation funds and the status of .San Bernardino Redevelopment Projects. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency does hereby approve the travel made by Bruce D. Varner, Agency Counsel, to Washington, D. C., November 23-25, 1970, and his travel expenses are hereby approved in accordance with Resolution No. 2043, as amended. Adopted: 12-3-70 Motion was made by Webster and seconded by Gutierrez authorizing the approval of Resolution No. 2330. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None Mr. Austin reported that he has reviewed the disposition agreements with Mr. Ouinn and it appears that all developers are pretty much on schedule. Mr. Varner stated that construction on Montgomery Wards will start between January 75th and February lst, 1971. Penney Company will start 30-60 days thereafter. John S. Griffith Company is working with Tom White regarding arrange- ments fora Ground Breaking ceremony. The Members asked Mr. Quinn if we have received any correspondence from Penney Company regarding their participation in sharing the expense of the Change Order for the modification of the pedestrian bridge. Mr. Quinn stated that we have not received any word. Mr. Austin stated that he would like the Members and staff to work on ways to promote our mall as a public facility. Regularly scheduled tours were suggested. Mr. Wein suggested that perhaps the SBDA could advertise these tours also. The Members determined that methods would be discussed at the next meeting. ADJOURNMENT: 1649 Motion was made by Webster and seconded by Gutierrez to adjourn the meeting ~" at 4:50 p.m. The motion was carried by the following vote , to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None 1650 MINUTES OF THE REC,ULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 17th DAY OF DECEMBER, 1970, 323 COURT STREET, SAN BERNARDINO, CALIFORNIA The meeting was called to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Austin, Webster, and Gutierrez Agency Members Absent: Wein Also Present: Mr. Ouinn, Executive Director: Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of December 3, 1970 were submitted for approval. Mr. Webster asked if the renovation work to the office space in the Andreson Building has been accomplished for under $2,500. Mr. Ouinn stated that the work will not run over the authorized $2,500. Motion was made by Webster and seconded by Gutierrez approving the Minutes of December 3, 1970 as submitted. The motion was carried by the following vote, to wit: Aves: Wbester, Gutierrez, and Austin Noes: None Abstention: None Absent: Wein EXPENDITURES The Expenditures for the month of November, 1970 were submitted for approval. After review, motion was made by Webster and seconded by Gutierrez aoproving the Expenditures for the month of November, 1970 as submitted. The Motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez and Austin Noes: None Abstention: None Absent: Wein PUBLIC HEARINGS: The Chairman reported that this is the time and place for the Public Hearing for the substitution of the name of Upham Development Company in place of Central City Company, on the Disposition Agreement for Reuse Parcels 12b, 27b and portion of 13, R-79. Mr. Varner explained that this substitution of name has been authorized previously under other resolutions. This Public Hearing is just a formality. These parcels will be purchased directly by Upham Development Company. The documents are available for public inspection. There being no comments, the Chairman closed the Public Hearing regarding the substitution of Upham Development Company in place of Central City Company. The Chairman reported that this is the time and place for the Public Hearing for the subsitution of name of The Harris Company in place of Central City Company for the purchase of Reuse Parcel 41, R-79. Mr. Varner explained that this also has been previously authorized by other resolutions. Harris Company is simply exercising their option to purchase the property directly. The documents are available for public inspection. There being no comments, the Chairman closed the Public Hearing regarding the substitution of the Harris Company in place of Central City Company. 1651 SUBSTITUTION - UPHAM DEVELOPMENT COMPANY/CENTRAL CITY COMPANY: Mr. Varner explained that in the event of default by Upham Development Company, the Central City Company is still obligated under their agreement to complete the development. Mr. Varner stated that the substitution must authorize the substitution of either the individuals, or Trustees under the will of C. R. Upham decreased, or Upham Development Co., a Texas Partnership in place of the Central City Company. Two Deeds will be executed, one from the Agency to the Individuals and one from the Individuals to the Partnership. After discussion, the follow- ing resolution was introduced: RESOLUTION N0. 2331 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CALIFORNIA, AUTHORIZING THE SUBSTITUTION OF EITHER CHESTER R. UPHAM, JR., DAVID W. UPHAM, BETTY UPHAM BUFFUM, AND IDA IRENE UPHAM, INDIVI- DUALLY, AND CHESTER R. UPHAM JR., DAVID W. UPHAM, BETTY UPHAM BUFFUM AS TRUSTEES UNDER THE WILL OF C. R. UPHAM DECREASED: OR UPHAM DEVELOP- MENT COMPANY, A TEXAS LIMITED PARTNERSHIP, IN PLACE OF JOHN S. GRIFFITH COMPANY, A CALIFORNIA CORPORATION, AND CURCI-TURNER COMPANY, A GENERAL PARTNERSHIP, DBA CENTRAL CITY COMPANY, A JOINT VENTURE WHEREAS, under date of December 19, 7968, the Redevelopment Agency of the City of San Bernardino, California, entered into an Agreement of Sale with John S. Griffith & Co. and Curci-Turner Company for the sale of Reuse Parcel 12b, 21b and a portion of 13, Calif. R-79; and WHEREAS, a Public Hearing was held at the Regular Meeting of December 77, 1970, regarding said substitution; and WHEREAS, it is mutually agreed and for the benefit of the Agency, the John S. Griffith Company and the Curci-Turner Company, and Chester R. Upham Jr., David W. Upham, Betty Upham Buffum, and Ida Irene Upham, Individually, and Chester R. Upham Jr., David W. Upham, Betty Upham Buffum as Trustees under the will of C. R. Upham Decreased:. or Upham Development Company, a Texas Limited Partnership, that said Agreement and property be transferred and assigned to either Chester R. Upham, Jr., David W. Upham, Betty Upham Buffum, and Ida Irene Upham, Individually, and Chester R. Upham, Jr., David W. Upham, Betty Upham Buffum as Trustees under the will of C. R. Upham Decreased; or Upham Development Company, a Texas Limited Partnership. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the substitution of either Chester R. Upham, Jr., David W. Upham, Betty Upham Buffum, and Ida Irene Upham, Individually, and Chester R. Upham, Jr., David W. Upham, Betty Upham Buffum as Trustees under the will of C. R. Upham Decreased; or Upham Development Company, a Texas Limited Partnership, in place of John S. Griffith Company, and Curci-Turner Company, as Redevelopers for Reuse Parcel 12b, 21b and a portion of 13, Calif. R-79 is hereby approved. BE IT FURTHER RESOLVED that the above subtitution is subject to the approval of the Department of Housing and Urban Development. 1652 BE IT FURTHER RESOLVED that the Chairman and Secretary are hereby authorized and directed to execute the appropriate documents for said substitution. Adopted: 12-17-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2331. The motion was carried by the following vote to wit: Ayes: Webster. Gutierrez, and Austin Noes: None Abstention: None Absent: Wein SUBSTITUTION - THE HARRIS COMPANY/CENTRAL CITY COMPANY: Mr. Varner stated that in the event of default by the Harris Company, the Central City Company is still obligated under their agreement to complete the development. After discussion, the following resolution was introduced: RESOLUTION N0. 2332 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING SUBSTITUTION OF HARRIS COMPANY, A CALIFORNIA CORPORATION, IN PLACE OF JOHN S. GRIFFITH COMPANY, A CALIFORNIA COR- PORATION, AND CURCI-TURNER COMPANY, A GENERAL PARTNERSHIP, DBA CENTRAL CITY COMPANY, A JOINT VENTURE WHEREAS, under date of December 19, 1968, the Redevelopment Agency of the City of San Bernardino, California, entered into an Agreement of Sale with John S. Griffith & Co. and Curci-Turner Company, for the sale of Reuse Parcel 41, Calif. R-79; and WHEREAS, a Public Hearing was held at the Regular Meeting of December V , 1970, regarding said substitutions; and WHEREAS, it is mutually agreed and for the benefit of the Agency, the John S. Griffith Company, and the Curci-Turner Company and Harris Company, that said Agreement and property be transferred and assigned to Harris Company, a California Corporation. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the substitution of the Harris Company, a California Corporation, in place of John S. Griffith Company, and Curci- Turner Company, as Redevelopers for Reuse Parcel 41, Calif. R-79 is hereby approved. BE IT FURTHER RESOLVED that the above substitution is subject to approval by the Department of Housing and Urban Development. BE IT FURTHER RESOLVED that the Chairman and Secretary are hereby authorized and directed to execute the appropriate documents necessary for said sub- stitution. Adopted: 12-17-70 Motion was made by Gutierrez and seconded by Webster authorizing the adoption of Resolution No. 2332. The motion was carried by the following vote., to wit: Ayes: Gutierrez, Webster and Austin Noes: None Abstention: None Absent: Wein 1653 REPORT ON RECIPROCAL EASEMENT AGREEMENT: Mr. Varner stated that the Reciprocal Easement Agreement was put together in final form, with minor changes made, and hand carried to all parties involved. Copies of the changes were supplied to all members. The document was approved and executed by everyone, excepting the City of San Bernardino and the Agency. It will be presented to the Counsel on Monday for approval. The Agency should authorize its final approval today. Mr. Varner stated that he is holding the document in Trust and cannot release it to the public until it has been executed by everyone. The document must be fully executed and recorded by December 31, 1970. Mr. Varner commended Mr. Quinn and Mr. Degnan for their excellent work and efforts in putting this document together. He stated that $60,000,000 worth of construction should start within the next four months as a result of its approval and execution. Mr. Webster stated that after hearing Mr. Varner's report and after careful review of the document himself, he would like to introduce the following resolution: RESOLUTION N0. 2333 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, GRANTING FINAL APPROVAL OF THE RECIPROCAL EASEMENT AGREEMENT, AND AUTHORIZING EXECUTION OF SAME, IN THE EVENT THERE ARE NO REVISIONS WHEREAS, Resolution No. 2324, adopted 72-3-70, granted preliminary approval of the Reciprocal Easement Agreement; and WHEREAS, said Reciprocal Easement Agreement has been approved and executed by the Central City Company, the J. C. Penney Company, Monwar Properties, The Harris Company, .the Upham Development Company and Connecticut General Mortgage and Realty Investments; and WHEREAS, the Agency staff and Legal Counsel have thoroughly reviewed the Reciprocal Easement Agreement and have discussed said REA with all members of the governing body of the Redevelopment Agency. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that said REA is hereby approved as submitted to the Agency Board December 17, 1970, and the Chairman and Secretary are authorized to execute same, providing there are no revisions from the date of this resolution. Adopted: 12-17-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Psolution No. 2333. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez and Austin Noes: None Abstention: None Absent: Wein ^'T Mr. Varner stated that in the event there are no further changes, the document will be brought back to the Board for approval. 1654 EXTENSION OF TIME, FIDELITY CAPITAL CORPORATION Mr. Carl Wahlquist, Architect for Fidelity Capital, stated that Fidelity Capital now desires to change their proposed development from a six-story structure to a twelve-story structure. Additional time is needed for the new plans. A re- quest for 45 days extension to close escrow was presented. Mr. Wahlquist ex- plained that the extension is for escrow only. They will still start construction on the date designated. After further discussion, the following resolution was introduced: RESOLUTION N0. 2334 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, GRANTING FIDELITY CAPITAL CORPORATION AN EXTENSION OF ESCROW TIME TILL 2-15 -71, ON R-10, RUESE PARCELS 13b,15, 16 and 17 WHEREAS, by Resolution No. 2271, the Redevelopment Agency of the City of San Bernardino, California, authorized the execution of documents for the sale of R-10 Reuse Parcels 13b, 15, 16 and 17, to Fidelity Capital Corporation; and WHEREAS, it was specified that the escrow on said parcel would close on or before December 31, 1970; and WHEREAS, Fidelity Capital Corporation wishes to have additional time to study the land use for the subject parcels. NOW, THEREFORE, BE IT RESOLVED that an extension of time to close escrow on said parcels is hereby extended to February 15, 7971. Adopted: 12-17-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2334. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez and Austin Noes: None Ab3ention: None Absent: Wein SANTA FE FEDERAL, CREDIT FOR EXCAVATION: Mr. Quinn explained that CHJ Materials recommended in their soil report on Reuse Parcels 4 and 9, that the soil be excavated to a depth of 3 feet and backfilled. This work was incorporated in the work to be accomplished under Unit No. 37, which shall be awarded today. Mr. Dave Ackley, of Santa Fe Federal Savings & Loan, stated that their architect has indicated the necessity to excavate to a greater depth than the proposed 3 feet. He stated that Santa Fe would like to have this excavation done themselves, to the depth desired by their architect. Mr. Quinn explained that $1,600 is estimated for the excavation of 3 feet. This amount, if authorized, can be deducted from Unit 37 contract, and paid directly to Santa Fe's contractor. After further discussion, the following resolution was introduced: 1655 RESOLUTION NO. 2335 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO> CALIFORNIA AUTHORIZING THE PAYMENT OF $1,600.00 FOR EXCAVATION, BACKFILL AND COMPACTION TO A DEPTH OF 3 FEET ON PORTION OF REUSE PARCELS 4 and 9, R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to sell a portion of Reuse Parcels 4 and 9 to Santa Fe Federal Savings and Loan Association; and WHEREAS, the Agency has agreed to excavate said property to a maximum depth of 3 feet, backfill and compact; and WHEREAS, the architect for Santa Fe Federal Savings and Loan has indicated the possible necessity for excavation to a greater depth; and WHEREAS, Santa Fe Federal has requested credit for the three foot excavation, so they may excavate to the depth their architect deems necessary. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, that Santa Fe Federal Savings and Loan be granted credit for said excavation in the amount of $1,600.00 to be paid directly to their con- tractor when said excavation is completed. Adopted: 12-17-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2335, The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez and Austin Noes: None Abstention: None Absent: Wein INTERESTATE 15: Mr. Quinn explained that the Highway Commission and Bureau of Public Roads have considered a Preliminary Freeway alignment for Interstate Highway 15, wherein they propose to ignore the present alignment of Highway 75 and establish new routings from Sun City to Devore. The City had gone on record to retain the present alignment. Mr. Webster stated that he believes the Agency should adopt a similar resolution. After discussion, the following resolution was introduced: RESOLUTION N0. 2336 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, RECOMMENDING RETENTION OF THE EXISTING ALIGNMENT OF INTERSTATE HIGHWAY 15, COMMONLY KNOWN AS THE BARSTOW FREEWAY WHEREAS, the Federal Government and the Redevelopment Agency of the City of San Bernardino is undertaking multi-million dollar improvements for the redevelopment of the Meadowbrook and Central City Renewal Projects; and WHEREAS, millions of dollars will be expended by private entities for the de- velopment of major regional shopping areas, offices, and low and moderate income housing facilities; and 1656 WHEREAS, the State of California Highway Commission and the Bureau of Public Roads are considering Freeway alignment for Interstate Highway 15; and WHEREAS, the Freeway alignment being considered proposes to ignore the present alignment of Highway 75 and establish new routings from the City of Sun City, California, to the City of Devore, California; and WHEREAS, the Redevelopment Agency of the City of San Bernardino is of the opinion that ignoring existing freeway alignments and the establishment of new freeway alignments is a waste of already overburdened Federal and State Highway and Freeway appropriations; and WHEREAS, the involvement of the Federal Government, the City of San Bernardino, the Redevelopment Agency of the City of San Bernardino, and the numerous private developers who are dedicated to the revitalization of the City of San Bernardino and which revitalization depends not only upon the completion of the public and private development, but also upon the vital requirement for maintenance of existing ingress and egress routes for shoppers residing in the populus areas north, south and west of the San Bernardino area. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, hereby recommends to the Federal Bureau of Public Roads, the State of California Highway Commission, ahd the Division of Highways that reconsideration be given to the proposed realignment of Interstate Highway 15 and that the present Interstate Highway be additionally upgraded to conform with present standards of the Federal Bureau of Public Roads and the State of California Highway Commission; BE IT FURTHER RESOLVED that elected representatives in the Federal, State, County, and local governments be informed of this action and they be requested to use their good offices to intercede, on behalf of the citizens of San Bernardino City and County, and to ensure that no degradation of Interstate Freeway Systems occurs in the immediate vicinity of the $100 million revitalization program of the City of San Bernardino. Adopted: 12-17-70 Motion was made by Gutierrez and seconded by Webster authorizing the adoption of Resolution No. 2336. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Webster and Austin Noes: None Abstention: None Absent: Wein COST OF CLOSING DRIVEWAYS, CITY OF SAN BERNARDINO: Mr. Quinn submitted a billing from the City of San Bernardino in the amount of $2,799 for the closing of driveways in the Central City Project during 1968. These driveways were closed in order to avoid vehicles from driving and parking on unpaved areas. The work was ordered verbally by the former Chairman of the Agency. The Agency was never billed for this work until recently. Mr. Quinn explained that this is an eligible expense. Mr. Varner stated that there is no legal problem in paying this bill. After discussion, the following resolution was introduced: 1657 RESOLUTION N0. 2337 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING PAYMENT TO THE CITY OF SAN BERNARDINO THE AMOUNT OF $2,799.00 FOR THE CLOSING OF DRIVE- WAYS WITHIN THE CENTRAL CITY PROJECT NO. 1, CALIF. R'-J9 WHEREAS, certain driveways within the Central City Project were closed in order to avoid vehicles from driving and parking on unpaved areas; and WHEREAS, the City of San Bernardino performed this service at a cost of $2,799.00 NOW, THEREFORE BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that authorization for said payment will be disbursed by Purchase Order No. 1080 dated December 78, 1970 in the amount of $2,799.00. Adopted: 12-17-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2337. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez and Austin Noes: None Abstention: None Absent: Wein JANITORIAL SERVICE, CENTRAL CITY MALL Mr. Jones stated that Invitations for Bids for Janitorial Service were sent to 77 firms, Only two bids were received. P & K Custodial Service submitted the low bid, but did not include a five percent bid bond as specified in the Invitation. Mr. Varner rejected P & K's bid in that it is not complete. The bid submitted by Gibson Brothers is as follows: Clean & Seal Completed Portions $ 6,065.48 Seal & Clean Uncompleted Portions 1,914.51 Maintaining for 12 months 50,400.00 Cleaning Certain Areas .03 sq. ft. Mr. Quinn explained that the contract will start the end of this months, or first of January and run through the spring of 1972. If the mall is to be used for the proposed public functions, it is mandatory to enter into a contract at this time. The YMCA has indicated a desire to use the Mall for their membership drive in February. The Camellia Festival is scheduled for February also. Mayor Ballard has indicated that he would like to hold a function in the mall in January. Mr. Quinn stated that he and Mr. Jones are working with the City now on a Mall Maintenance Committee, which the City has formed for proper maintenance pro- cedures for the Mall, Parking Lot and Parking Structures after the City takes over. After discussion regarding the work involved under the proposed Janitorial Service Contract, the following resolution was introduced: 1658 RESOLUTION N0. 2338 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH GIBBON BROS. JANITORIAL SERVICE, INC., FOR CLEANING AND SEALING OF QUARRY TILE AND JANITORIAL SERVICES, CENTRAL CITY MALL, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, the Agency has under date of March 21, 1967 entered into a Contract for Loan and Capital Grant with the United States of America pro- viding for financial aid to the Agency for it's Central City Project No. 1, Calif. R-79, under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract, the Agency is undertaking certain activities neces- sary for the execution of the Central City Project, Calif. R-79; and WHEREAS, the Agency invited competitive bids for the cleaning and sealing of completed quarry the manufactured recommendation or approved equal, all of the completed floors, including concrete steps, within the Mall Structure; cleaning and sealing of uncompleted portion of the quarry the and floors within the Mall when floors are completed on a square footage basis. Said floors will be completed approximately May 1, 1971; cleaning and maintenance of all completed floors twice a month on a cost per square footage basis for a period of 12 months; and cleaning of certain floor areas within the Mall Structure to be used for special occasions on a square footage basis; and WHEREAS, an Invitation for Bid therefor was duly published in the Sun Tele- gram, a newspaper of general circulation in the County of San Bernardino on December 4, 1970 and an Affidavit showing such publication is on file in the office of said Agency; and WHEREAS, said Invitation called for the receipt of such bids until 10:00 a.m., December 15, 1970 at the office of the Agency located at 323 Court Street, San Bernardino, California; and WHEREAS, two bids were received at the time and place above specified and said bids were opened and read aloud; and WHEREAS, it appears to said Agency that the Bid of Gibson Bros. Janitorial Services Inc., in the amount of $58,379.99 is in the best interest of this Agency to accept NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that subject to the approval of the Contractor by the Department of Housing and Urban Development the Bid of Gibson Bros. Janitorial Services, Inc., in the amount of Fifty Eight Thousand, Three Hundred Seventy Nine and 99/100 ($58,379.99) be hereby accepted and the Chairman and Secretary be authorized to execute Contract for Janitorial Services for Central City Mall, Central City Project No. 1, Calif. R-79 on behalf of the Agency. Adopted: 12-17-70 1659 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2338. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez and Austin Noes: None Abstention: None Absent: Wein DEMOLITION AND SITE CLEARANCE UNIT N0. 37, CALIF. R-79: Mr. Quinn stated that bids were received December 14, 1970 for Demolition and Site Clearance, Unit No. 37, R-79. The low bid was received from Dakeno, Inc., in the amount of $4,800. Mr. Quinn pointed out the areas involved on the map. After discussion, the following resolution was introduced: RESOLUTION N0. 2339 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH DAKENO, INC., UNIT 37, DEMOLITION AND SITE CLEARANCE, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, the Agency has under date of March 21, 1967, entered into a contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its' Central City Project No. 1, Calif. R-79 under Title I of the Housing Act of 1949, as amended and pursuant to that Contract, the Agency is undertaking certain activities necessary for the execution of the Central City Project, Calif. R-79; and WHEREAS, the Agency invited competitive bids for Demolition and Site Clearance Unit No. 37, for the demolition and clearance for certain areas in accordance with the Contract Documents furnished all bidders; and WHEREAS, an Invitation for Bid therefore was duly published in the Sun Telegram a newspaper of general circulation, in the County of San Bernardino on November 25 and December 2, 1970 and an Affidavit showing such publication is on file in the office of said Agency; and WHEREAS, an Invitation called for the receipt of such bids until 4:00 p.m. on the 14th day of December, 1970 at the office of the Agency located at 323 Court Street, San Bernardino, California; and WHEREAS, a number of bids were received at the time and place above specified and said bids were opened and read aloud; and WHEREAS, it appears to said Agency that the Bid of Dakeno, Inc. in the amount of $4,800.00 is the best qualified and to the best interest of the City of San Bernardino and this Agency; and WHEREAS, said Bid figure of $4,800 is hereby deleted in the amount of $1,600.00 for excavation work to be carried out for the Santa Fe Building Property; and WHEREAS, said $1,600 figure will be paid directly to the unnamed Contractor at this time, by this Agency after performance of said excavation work. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that subject to the approval of the Contractor by the Department of Housing and Urban Development the Bid of Dakeno, Inc. for 1660 the sum of $3,200.00 be hereby accepted and the Chairman and Secretary be authorized to execute the Contract for Demolition and Site Clearance, Unit 37, Central City Project No. 1, Calif. R-79. BE IT FURTHER RESOLVED by the Redevelopment Agency that the Chairman and Secretary be authorized to pay the sum of $1,600 to Contractor for excavation work for the Santa Fe Federal Savings and Loan Assn. Building at a later date. Adopted: 12-17-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2339. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez and Austin Noes: None Abstention: None Absent: Wein Mr. Quinn stated that he would like to point out that Rose Auto is not scheduled for demolition unti after January 15, 1971. SECURITY SERVICE ON MALL: Mr. Quinn stated that bids for the Security Service on the Mall were received late Tuesday afternoon and the staff has not had the opportunity to analyze or make any recommendation on the bids. Motion was made by Gutierrez and seconded by Webster to table the matter of Security Service on the Mall until the staff has the proper time needed for recommendation. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez and Austin Noes: None Abstention: None Absent: Wein WARM CREEK CHANNEL ENGINEERING SERVICES, R-10: Mr. Jones explained that three proposals were received out of about 25 invitiations sent out. L. D. King Engineering Co. submitted a proposal of $3,500, but included a maximum upset figure of $4,500 to accomplish the many technical problems that could occur during the course of the construction. J. P. Kinnikin offered a proposal of a flat $4,240 for the work. After due consideration, the members determined that the proposal of J. P. Kinnikin for the flat figure of $4,240 should be considered as the actual best proposal and be accepted. The following resolution was introduced: RESOLUTION N0. 2340 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CON- TRACT WITH J. P. KINNIKIN ENGINEERING COMPANY FOR PREPARING OF PLANS AND SPECIFICATIONS FOR THE GUNNITING OF THE WARM CREEK CHANNEL BANKS, MEADOWBROOK PROJECT, CALIF. R-10 WHEREAS, the Agency has under date of Dctober 24, 1958 entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its Meadowbrook Project No. 1, Calif. R-10 under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract, the Agency is undertaking certain activities necessary for the execution of the Meadowbrook Project No. 1, Calif. R-10; and 1661 WHEREAS, the Agency called for proposals for rendering certain engineering services remaining within the Meadowbrook Project No. 1; and WHEREAS, J. P. Kinnikin Engineering Company submitted the most favorable proposal to conduct the work in the amount of $4,240.00; and NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the proposal of J. P. Kinnikin Engineering Company in the amount of $4,240.00 be hereby accepted and the Chairman and Secretary be hereby authorized to execute the Contract for Preparation of Plan and Specifications for the Gunniting of Warm Creek Channel Banks. Adopted: 72-17-70 Motion was made by Gutierrez and seconded by Webster authorizing the adoption of Resolution No. 2340. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Webster and Austin Noes: None Abstention: None Absent: Wein NAHRO REHABILITATION WORKSHOP: Mr. Quinn requested authorization for two staff members and any interested Board Member to travel to San Diego, January 75-16, 1977 to attend a NAHRO Rehabilitation Workshop. The following resolution was introduced: RESOLUTION N0. 2341 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING TWO STAFF MEMBERS AND ANY IN- TERESTED BOARD MEMBER TO TRAVEL TO SAN DIEGO, JANUARY 15-16, 1971 TO ATTEND NAHRO REHABILITATION WORKSHOP WHEREAS, Resolution No. 2043 of the Redevelopment Agency of the City of San Bernardino, California, requires that each trip made by an Agency Member or Staff Member outside of the City of San Bernardino, California, be specifically authorized by a Resolution of the Agency Members; and WHEREAS, it is found essential for two staff members and any interested Board member to travel to San Diego, January 15, 16, 1971 to attend a NAHEO Rehabilitation Workshop. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that two Staff Members and any interested Board Member are hereby authorized to travel to San Diego, January 15-16, 1971, to attend a NAHRO Rehabilitation Workshop, and their travel expenses are hereby approved in accordance with Resolution No. 2043 as amended. Adopted: 12-17-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2341. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez and Austin Noes: None Abstention: None Absent: Wein --+ 1662 PARKING AREA LEASE - CITY OF SAN BERNARDINO: A request was presented from the City of San Bernardino to lease an area west of the Mini-Mall for City and Employee parking. The City will place a temporary fence around the area and return it to its present condition when the City's rental expires. The rental agreement will be on a month-to-month tenancy at a rental rate to be determined. The members determined that all financial aspects should be worked out and a lease prepared by the Agency and City for review at the next meeting. All members agreed. SUNSET SAN BERNARDINO CORPORATION - WITHDRAWAL OF OFFER: The Members were advised that the Feasibility Study prepared by Sunset San Bernardino did not satisfy their potential tenant, and therefore financing for their project is not available. The Offer to Purchase was subject to the condition that should Sunset San Bernardino Corporation not be able to secure satisfactory financing, the deposit is refundable up to January 1, 1971, minus costs to Agency. After discussion the following resolution was introduced: RESOLUTION N0. 2342 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE WITHDRAWAL OF THE OFFER TO PURCHASE BY SUNSET SAN BERNARDINO CORPORATION, A CORPORATION TO BE FORMED, AND REFUND OF OPTION DEPOSIT WHEREAS, By Resolution No. 2301, the Redevelopment Agency of the City of San Bernardino, California, accepted an Offer to Purchase from Sunset San Ber- nardino Corporation, a corporation to be formed, for portions of Calif. R-79, Reuse Parcels 46 and 47; and WHEREAS, said Offer was subject to the following conditions: 1. The $9,203.00 Security Deposit is refundable, except for Agency expenses connected with the transaction, up to January 1, 1971, should the Sunset San Bernardino Corporation not be able to secure satisfactory financing, interium and long term, for the develop- ment of the Hotel. 2. The $9,203.00 deposit is non-refundable after January 1, 1971. WHEREAS, the proposed developer has informed the Agency that an Economic Study did not satisfy the requirements of their potential tenant, and therefore financing for the project is not available; and WHEREAS, said corporation has requested that their offer be withdrawn and their deposit refunded. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the offer of Sunset San Bernardino Corporation, a corporation to be formed, for Reuse Parcels 46 and 47, R-79 (Hotel Site) be withdrawn and the deposit of $9,203.00 be refunded to Melvin Lurie the depositor, less advertising expenses in the amount of $33.53, leaving a balance of $9,769.47. Adopted: 12-17-70 1663 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2342. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez and Austin Noes: None Abstention: None Absent: Wein Mr. Webster stated that the refund of the deposit will be less any expenses incurred by the Agency. All Members agreed. OTHER BUSINESS: Ground Breaking -- Mr. Quinn stated that Tom White is working with the City to schedule a ground breaking ceremony for the parking structures. The ceremony will probably be held the week of December 28th. Western Sector -- Mr. Bert McKissock asked Mr. Austin about the status of the Western Sector of the Central City Project. Mr. Austin stated that the Agency has a con- tract with Central City Company for development of this sector. California Theater -- Mr. McKissock asked the status of the California Theater. Mr. Varner stated that there will be a report on this probably by the next meeting. We have had several meetings with the Board of Governors of the California Theater. There is certain documentation we are waiting for from this group. Candidates Night -- Mrs. Smaha, League of Women Voters, inquired about the use of the mall for a Candidates Night. Mr. Varner explained that this can be ~~ arranged, but that the League would have to provide the necessary insurance and agree to leave the premises in the same order as found. Mrs. Schueling stated that she would speak to her insurance agent to see if they were covered for this type of insurance. ADJOURNMENT: Motion was made by Webster and seconded by Gutierrez adjourning the meeting• at 5:15 p.m. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez and Austin Noes: None Abstention: None Absent: Wein -, 1664 MINUTES OF THE SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD DECEMBER 31, 1970, 320 NORTH "E" STREET, ROOM 403, SAN BERNARDINO, - CALIFORNIA The Chairman called the meeting to order at 11:00 a.m. Roll Call showed the following: Agency Members Present: Austin, Webster and Wein Agency Members Absent: Gutierrez Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary The Chairman reported that this Special Meeting has been called pursuant to the following notice: 1. NOTICE OF SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA NOTICE is hereby given that a Special Meeting of the Members of the Rede- velopment Agency of the City of San Bernardino, California, will be held at 11:00 a.m., December 31, 1970, 320 North "E" Street, Room 403, San Bernardino, California, the Regular Meeting Place thereof, for the following purposes: 1. Acceptance of the Mall 2. Security Proposals DATED this 29th day of December, 1970. s/P. W. Quinn, Jr. P. W. Quinn, Jr. Secretary 2. CERTIFICATE OF SERVICE I, P. W. QUINN, JR., Secretary of the Redevelopment Agency of the City of San Bernardino, California, HEREBY CERTIFY, that on the 29th day of December, 1970, I served a true copy of the foregoing Notice of Special Meeting on each and every member of the Redevelopment Agency of the City of San Bernardino, California, in the following manner: BY UNITED STATES MAIL. WITNESS my hand and the Seal of the Redevelopment Agency, this 29th day of December, 1970. s/P. W. Quinn, Jr. P. W. Quinn, Jr. Secretary 71:05 a.m. - Mr. Gutierrez arrived at the meeting. 1665 Mr. Quinn stated that a Certificate of Substantial Completion has been executed by Gruen Associates. Board action is now needed to accept the mall as sub- stantially complete. It is the staffs recommendation to authorize the execution and filing of a Certificate of Substantial Completion, and retain the retention until all exceptions are taken care of. There are some minor things that must be taken care of, the retention will more than take care of these items. A list of the items mentioned were provided the members. Mr. We in asked why the certificate must be executed now, instead of after final completion. Mr. Quinn explained that the Plans and Specifications provide that before final acceptance, a Certificate of Substantial Completion shall be executed. After this Certificate is filed, 35 days are allowed for filing of any liens by contractors or sub-contractors. Providing no liens are filed, the retention is then paid to the Contractor. The possible Taber Plumbing lien was discussed. Mr. Riemer, Gruen Associates, stated that it is Gruen's opinion that the job has been completed in accordance with the Plans and Specifications, with the exception of the listed items. He stated that there is an approximate year guarantee on all materials, and longer on some equipment. Mr. Krueper, Contract Inspector, stated that he has completed his inspection on the mall. He stated that the withholding of the retention is more than enough to cover the minor items listed to be completed. He stated that he has checked with the City Building Department and that Krueper Engineering and the City are satisfied that the job has been accomplished in accordance with the Plans and Specifications. The credits for the non-completion of the central portion of the mall, due to the raising of the Penney Company roof was discussed. Bids will be received on January 78th for the completion of this portion of the mall. Materials are left on site, which materials shall be utilized by the low bidder. The bid documents specify the use of this material, which is mainly matching tile, brick, etc., therefore some additional material must be supplied by the bidder, and accounted far on the bid. Mr. Jones, Operations Officer, stated that proposals for insurance for the mall will be available by the next board meeting. If the mall is accepted today, a binder will be put on our present insurance policy to cover the mall immediately, until the proposals are received and a specific policy purchased for the mall. Mr. Varner stated that in view of the representations made by Gruen Associates and Krueper Engineering, he would recommend adoption of a resolution authorizing execution and filing of a Certificate of Substantial Completion on the Central City Mall, with the exceptions as submitted. After discussion, the following resolution was introduced: RESOLUTION N0. 2343 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE A NOTICE OF SUBSTANTIAL COMPLETION FOR THE CENTRAL CITY MALL, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 1666 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into a Contract with the J. D. Diffenbaugh Co. for Site Preparation Unit No. 2, Central City Project No. 1, Calif. R-79, dated June 27, 1969; and WHEREAS, based on the recommendations and assertions of Gruen Associates, Architects; and Krueger Engineering and Associates, Resident Inspectors; for the Central City Mall, Bruce D. Varner, Agency Counsel indicated that sub- stantial acceptance of the Public Mall would be in order; and WHEREAS, it was determined that a punch list had been compiled and completed, however, there were items which would require rechecking after another rainfall; and WHEREAS, said punch list, known as Exhibit "A" is broken down as follows: EXHIBIT "A" COMPILED BY GRUEN ASSOCIATES: A. The entire project with the exception of the "E" Street Court work is substantially completed as of December 8, 1970. Response: "E" Street Court under construction B. The following items are still required from the General Contractor prior to the final acceptance of the work: 1. Completion of all final punch list items to Owner's and Architect's satisfaction. Response: Satisfactory to this Agency 2. Submit all as built drawings, guarantees, warranties, certificates in accordance with the specifications. Response: All as built drawings, guarantees, warranties and certificates have been submitted and are in possession of either Krueper Engineering and/or Agency. 3. Submit all waiver of lien rights from all sub- contractors, material suppliers and a seperate release from the General Contractor. This shall be done per Owner's satisfaction and approval. Response: The Contractor is willing to wait for 35 days before receiving final payment. The requirement to file lien rights is 30 days from date of acceptance. This will give any supplier and/or subcontractor time to file any liens they so desire. Therefore, Contractor will be due final payment 35 days after December 31, 1970, pro- viding no liens are filed. 7667 FINAL PUNCH LIST: 7. In addition to the cooling test of the HVAC system, provide a heating test for the system. Response: Tests have been completed, however, a second test should be per- formed when qualified personnel are available to operate equipment. 2. At north east open arcade, 2 light fixtures are missing. Response: Have been replaced. 3. At east court, a few light fixtures are not working. This is presumably caused by a lazy relay. Response: Corrected. 4. The workmanship far the north east open arcade stairway expansion joint is not satisfactory. Response: This item is complete, however, the Inspector will keep inspect- ing same for a period of time. 5. Some bricks are missing for column enclosure at north west arcade and west court corner, upper level. Response: Bricks have been replaced. 6. At northwest arcade, lower level service entrance, exterior wall is not caulked at column. Response: Complete. 7. The blacktop of the parking lot shall be patched at locations where fire sprinkler contractor was making connections. Coordinate these locations with Krueger Engineering and Associates. Response: Rechecked after next rainfall. 8. At southern portion of the northwest arcade roof and at northern portion of the southeast arcade roof, fix and correct the low spots. Water is ponding at these locations. Response: Rechecked after next rainfall. 9. At several locations, the upper level waterproof membrance for the open arcades are leaking. Fix and correct. Response: Corrected. Recheck after next rainfall. 10. Complete the work far two grilles (diffusers) at west court. Add metal strip at open joints. Response: Completed. . „ 1668 11. Fix and correct all roof leaks. Response: Rechecked after next rainfall. 12. Fix and correct all ceiling tiles damaged by recent rainfall. Response: Ceiling tiles replaced. WHEREAS, it has been determined that a credit was due in the amount of $10,884.69 to Agency from J. D. Diffenbaugh; and WHEREAS, it was also determined that the Contractor was due $3,226.00 for work which was accomplished without a written Change Order. This amount to be with- held from credits due Agency; and WHEREAS, the net credits withheld from the Contractor will be in the amount of $7,658.69 for work not performed by Contractor; and WHEREAS, it is the request of J. D. Diffenbaugh, Inc., General Contractor, that the Redevelopment Agency withhold from his final retention the sum of $12,846.91 said amount estimated due Taber Plumbing, to be paid upon receipt of proper documentation from said Subcontractor. An additional $2,050.00, an estimated amount of credit due this Agencv from said Plumbing Contractor, of which documen- tation has not yet been received; and WHEREAS, in the event Taber Plumbing files a machanics lien before this matter can be settled to the satisfaction of all parties concerned, J. D. Diffenabugh, Inc., will post a bond covering the amount of the lien until a final settlement can be reached. NOW, THEREFORE, BE IT RESOLVED that the Chairman and Secretary are hereby authorized to execute a Notice of Substantial Completion covering the Central City Mall, Central City Project No. 1, Calif. R-79. Adopted: 12-31-70 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2343. The Motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None SECURITY PROPOSALS: Three security proposals were submitted to the Members. The staff's recommenda- tion is to enter a contract with American Eagle Security (ACME) for security services, because of their experience with the firm. The low bid was submitted by Appollo Security Service. After discussion, the following resolution was introduced: RESOLUTION N0. 2344 RESOLUTION OF THE REDEVELOPMENT AC,ENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO AGREEMENT WITH AMERICAN EAGLE SECURITY (ACME) FOR SECURITY SERVICES PROTECTION FOR CENTRAL CITY MALL, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 1669 WHEREAS, the Agency has under date of March 21, 1967 entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its Central City Project No. 1, Calif. R-79 under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract, the Agency is undertaking certain activities necessary for the execution of the Central City Project No. 7, Calif. R-79; and WHEREAS, the Agency invited competitive proposals for the security protection for the Agency's property; and WHEREAS, three proposals were submitted and it appears to said Agency that the proposal of American Eagle Security (ACME) submitted the best proposal in the amount of $298.00 per month. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that subject to the approval of the firm by the Depart- ment of Housing and Urban Development the Proposal of American Eagle Security (ACME) in the amount of Two Hundred Ninety Eight and no/100 Dollars ($298.00) per month be hereby accepted and the Chairman and Secretary be authorized to execute Agreement for Security Services Protection for Central City Mall, Central City Project No. 1, Calif. R-79. BE IT FURTHER RESOLVED that an upset figure not to exceed $350.00 per month be allowed. This figure would allow for an average of 2 holidays per month. Total amount of Agreement not to exceed Four Thousand, Two Hundred and no/100 Dollars ($4,200.00) for a 12 month period. Adopted: 12-31-70 Motion was made by Gutierrez and seconded by Webster authorizing the adoption of Resolution No. 2344 The Motion was carried by the following vote, to wit: Ayes: Gutierrez, Webster, Wein and Austin Noes: None Abstention: None Absent: None ADJOURNMENT: Motion was made by Webster and seconded by Wein to adjourn the meeting at 77:40 a.m. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None .~ .y