HomeMy WebLinkAbout09-29-1998 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT ADJOURNED REGULAR MEETING
SEPTEMBER 29, 1998
COUNCIL CHAMBERS
This is the time and place set for a joint adjourned regular
meeting of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino from the joint adjourned
regular meeting of the Mayor and Common Council and San Bernardino
City Unified School District held at 6:20 p.m., Tuesday, September
22, 1998, in the School District Board Room, 777 North "F" Street,
San Bernardino, California.
The City Clerk has caused to be posted the order of
adjournment of said meeting held on Tuesday, September 22, 1998,
and has on file in the Office of the City Clerk an affidavit of
said posting together with a copy of said order which was posted at
8:00 a.m., Wednesday, September 23, 1998, on the bulletin board
located next to the Council Chambers of City Hall.
The joint adjourned regular meeting of the Mayor and Common
Council and Community Development Commission of the City of San
Bernardino was called to order by Mayor Valles at 9:04 a.m., in the
Counoil Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Valles; Council Members Estrada, Lien, Arias,
Schnetz, Devlin, Anderson, Miller; City Attorney Penman and
Economic Development Agency Special Counsel Sabo; City Clerk Clark;
Economic Development Agency Executive Director Van Osdel. Absent:
None.
NEW BUSINESS - CLOSED SESSION
(NE1)
Council Member Devlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that the matter arose
subsequent to the posting of the agenda.
Council Member Estrada made a motion, seconded by Council
Member Miller, and unanimously carried, that the Mayor and Common
Council and the Community Development Commission recess to closed
session for the following: Conference with legal counsel
anticipated litigation significant exposure to litigation
pursuant to subdivision (b) of Government Code Section 54956.9.
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9/29/1998
RECESS MEETING - CLOSED SESSION
At 9:06 a.m., the Mayor and Common Council and
Development Commission recessed to closed session
following:
(NB1)
Community
for the
Conference with legal counsel - anticipated litigation -
significant exposure to litigation pursuant to
subdivision (b) of Government Code Section 54956.9.
CLOSED SESSION
At 9:06 a.m., Mayor Valles called the closed session to order
in the conference room of the Council Chambers of City Hall.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Valles; Council Members Estrada, Lien, Arias,
Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk
Clark, Economic Development Agency Executive Director Van Osdel.
Absent: None.
Also present:
Sabo.
Economic Development Agency Special Counsel
ADJOURN CLOSED SESSION
At 10:45 a.m., the closed session adjourned to the Council
Chambers of City Hall.
RECONVENE MEETING
At 10: 58 a. m., Mayor Valles recorwened the joint adjourned
regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Valles; Council Members Estrada, Lien, Arias,
Schnetz, Devlin, Anderson, Miller; City Attorney Penman and
Economic Development Agency Special Counsel Sabo, City Clerk Clark,
Economic Development Agency Executive Director Van Osdel. Absent:
None.
DISCUSS & TAKE ACTION - SUBORDINATION AND INTERCREDITOR
AGREEMENT - DRAFT DATED AUGUST 13, 1998 - CINEMA STAR
MULTI -PLEX THEATER PROJECT MDA-SAN BERNARDINO
ASSOCIATES GMAC-MORTGAGE, BORROWER & AGENCY
(Continued from September 21, 1998) (R1)
Special Counsel Sabo reviewed the provisions
subordination and intercreditor agreement.
of
the
Gil Navarro, President of the Mt.
Association, expressed concern regarding
subordination and intercreditor agreement.
Vernon Avenue Pride
the approval of the
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9/29/1998
Sam Catalano, Downtown Business Association and Carousel
Merchants Association, expressed concern regarding the need to
revitalize the downtown area and to establish an employment base.
Council Member Estrada made a motion, seconded by Council
Member Miller, that the Mayor and Common Council and Community
Development Commission approve (1) a Subordination and
Intercreditor Agreement for the construction loan only for the
Downtown Theater Project and (2) a firm commitment by the Economic
Development Agency (Agency) for $3,600,000 of permanent loan
financing for the Downtown Theater Project with both approvals
being contingent upon obtaining GMAC written acceptance of either
(1) said Agency permanent loan commitment for funding of the
permanent loan on the same financial terms and conditions as
committed by GMAC and utilizing the form of the proposed documents
for the $7,000,000 Section 108 Loan or (2) a purchase agreement
with the Agency to require the Agency to purchase the GMAC funded
permanent loan on the same terms and conditions as would otherwise
have been obtained by GMAC upon sale of said permanent loan to an
underwriter of pooled permanent mortgage loans.
The motion carried by the follow.Lng vote: Ayes: Council
Members Estrada, Arias, Schnetz, Devlin, Anderson, Miller. Nays:
Council Member Lien. Absent: None.
ADJOURNMENT (2)
At 11:09 a.m., the meeting adjourned. The next regular
meeting will be held on Monday, October 5, 1998, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
RACHEL G. CLARK
City Clerk
BYr~
zanna Co ova
eputy Crty Clerk
No. of Items: 3
No. of Hours: 2
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9/29/1998