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HomeMy WebLinkAboutBook 11 01/14/71 - 12/16/711670 MINUTES OF THE REf,ULAR MEETINr, OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD JANUARY 7, 1971, 320 NORTH "E" STREET, ROOM 403, SAN BERNARDINO, CALIFORNIA The Chairman reported that Mr. Gutierrez and Mr. Wein are unable to attend the meeting, and therefore the Regular Meeting of January 7, 1971, is hereby adjourned until 4:00 p.m., January 14, 1971. ~~ 1671 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD JANUARY 14, 1971, 320 NORTH "E" STREET, ROOM 403, SAN BERNARDINO, CALIFORNIA The Chairman called the meeting to order at 4:10 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 ELECTION OF OFFICERS: Motion was made by Webster and seconded by Gutierrez that the Election of Officers be held over until the second regular meeting in January, which will be held January 21, 1971. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None MINUTES: The Minutes of the Regular Meeting of December 17, 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 Special Meeting of December 31, 1970 were submitted for approval. Mr. Quinn pointed out that in the paragraph immediately pre- ceeding Resolution No. 2243 (pg. 2) the word "presentations" should read "representations". Motion was made by Webster and seconded by Wein approving the Minutes of December 31, 1970, as corrected. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None GROUND BREAKING - CENTRAL CITY COMPANY: Mr. Quinn advised the members that the Central City Company has tentatively set their ground breaking for March 19, 1971. After a firm date is determined, the Agency's approval will be requested. LEASE WITH CITY OF SAN BERNARDINO - EMPLOYEE PARKING AREA: Mr. Jones, Operations Officer, stated that the proposed Lease is acceptable to the City Administrator. $.50 per parking space per month is the agreed upon rate, which will actually be about $20.00 a month. The Lease provides that spaces may be decreased or increased as the City sees fit. The City will pro- vide insurance. There will be no cost to the Agency. After discussion, the following resolution was introduced: 1672 RESOLUTION N0. 2345 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO A LEASE AGREEMENT WITH THE CITY OF SAN BERNARDINO WHEREAS, The City of San Bernardino desires to lease space from the Redevelopment Agency for the City of San Bernardino for an area West of the Mini Mall for City and employee parking; and WHEREAS, said space to be leased, shall be leased at a price of x.50 per parking space ($20.00 per month); and WHEREAS, The City of San Bernardino agrees to follow the terms and conditions as set forth by the Redevelopment Agency of the City of San Bernardino Rental Agreement No. 284-A. 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 the City of San Ber- nardino on behalf of the Agency. Adopted: 1-?4-71 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2345. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None TRAVEL -TOM WHITE TO DALLAS, TEXAS: The following resolution was introduced: RESOLUTION N0. 2346 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, APPROVING THE TRAVEL OF THOMAS WHITE TO DALLAS, TEXAS, DECEMBER 22, 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 authorized by a Resolution of the Agency Members; and WHEREAS, it was found essential for Thomas White, Administrative Officer, to travel to Dallas, Texas, December 22, 1970, to hand carry the Reciprocal Easement Agreement to Upham Trust for their review. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, CAlifornia, that the Agency does hereby approve the travel of Mr. Thomas White to Dallas, Texas, December 22, 7970, and his travel expenses are hereby approved in accordance with Resolution No. 2043, as amended. Adopted: 1-14-71 1673 Mr. Quinn explained that Mr. White hand carried the REA to representatives of Upham Trust Company. The Members stated that they were polled by phone on this trip and verbal approval was given. Motion was made by Webster and seconded by Wein authorizing the adoption of Resolution No. 2346. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None SITE PREPARATION, UNIT N0. 10, CALIF. R-TO Mr. Austin stated that due to the necessity of getting this contract underway, the Members gave verbal approval to enter into Contract with the low bidder, Riverside Construction Company. The following resolution was introduced: RESOLUTION N0. 2347 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO A CONTRACT WITH RIVERSIDE CONSTRUCTION CO. FOR SITE PREPARATION UNIT N0. 10, CALIF. R-10 WHEREAS, the Agency has under date of October 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-l0, 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 Meadow- brook Project, Calif. R-10; and WHEREAS, the Agency invited competitive sealed bids for Site Preparation Unit 10; and WHEREAS, an Invitation to Bid therefore was duly published in the San Bernardino Sun Telegram, a newspaper of general circulation in the County of San Bernardino on the 16th and 23rd day of December, 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 said bids until 4:00 p.m. P.S.T. on the 4th day of January, 1977 at the office of the Agency located at 320 No. "E" 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, the lowest qualified bid was offered by Riverside Construction Company in the amount of $9,168.00; and WHEREAS, it appears to said Agency that said Riverside Construction Company is qualified to be awarded the contract and it appears in the best interest of this Agency to accept their bid. 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 Riverside Construction Company far the sum of $9,768.00 be hereby accepted and the Chairman and Secretary be hereby authorized to execute the Contract for Site Preparation Unit No. 10, Calif. R-10. 1674 BE IT FURTHER RESOLVED that the bid of Riverside Construction Company was in- formally adopted by verbal board agreement prior to the adoption of this Resolution on January 7, 1971. Adopted: 1-14-71 Motion was made by Webster and seconded by Gutierrez authorizing the adoption of Resolution No. 2347. 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 - POOL LIGHTING, EAST APJD WEST COURT, R-79: The proposals for pool lighting were reviewed. The law proposal was submitted by Mark Cox Electrical Inc. in the amount of $13,404.72. Mr. Jones stated that three sets of plans were picked up, but only two proposals were received. After dis- cussion, the following resolution was introduced: RESOLUTION N0. 2348 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH THE MARK COX ELECTRICAL, INC., IN- STALLATION OF POOL EOUIPMEMT, 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 7949, 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 solicited proposals from three electrical firms for installation of necessary equipment i.e., water pumps, spray rings, water jets, underwater lighting, electrical clocks and programmed clocks for the reflection pools, Central City Mall: and WHEREAS, said proposals were opened and read aloud at the offices of the Redevelopment Agency, 320 No. "E" Street, San Bernardino at 4:00 p.m., on the 14th day of January, 1971; and WHEREAS, the firm of Mark Cox Electrical, Inc. submitted the low proposal in the amount of $13,404.72; and WHEREAS, it appears said proposal of Mark Cox Electrical, Inc. in the amount of $13,404.72 would be in the best interest of this Agency to accept; and 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 that the proposal of the Mark Cox Electrical, Inc. in the amount of Thirteen Thousand, Four Hundred and Four and 72/100 Dollars ($13,404.72) be hereby accepted and the Chairman and Secretary be authorized to execute Contract for Installation of Electrical Equipment, Central City Mall, Central City Project No. 1, Calif. R-79 on behalf of the Agency. Adopted: 1-14-71 1675 Motion was made by Webster and seconded by Gutierrez authorizing the adoption ~ ,, of Resolution No. 2348• The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None REVIEW OF INSURANCE PROPOSALS FOR THE MALL: A tabulation of insurance proposals was submitted for review. Mr. Quinn stated that this insurance is for an interum period of approximately 18 months. After this period of time, the city will supply the necessary insurance under the terms of their Lease Agreement with the Agency. Mr. Quinn stated that it would appear that the proposal of Calvert-Belden would best suit the needs of the Agency. Earthquake coverage was discussed. Mr. Varner stated that the REA requires all tenants in the mall to provide earthquake coverage. Mr. Ken Kelly, Kenneth K. Kelly Insurance, stated that until the Mall is classified by the Earthquake Rating Bureau a firm proposal regarding earthquake coverage cannot be established. A rating must also be established by the Pacific Fire Rating Bureau for fire, extended coverage for vandalism and malicious mischief. Plans and specifications should be submitted to these two bureaus in order that the mall can be speci- fically rated. Earthquake sprinkler leakage coverage was also discussed. The amount of insurance coverage was also discussed. The Agency proposes to cover the mall for $3,000,000, which is the actual cost of construction. Mr. Austin stated that he believes the coverage can be less than this amount. ..,, After much discussion and careful review, the Members determined that the Agency should obtain a rating for the mall before an actual policy is purchased. The coverage should also be studie d. Mr. Kelly stated that his company has placed a binder on the Agency's present policy to cover the mall until March. Motion was made by Webster and seconded by Gutierrez deferring the insurance proposals for the mall until the first Regular Meeting in March, to be held March 4, 1977, and instructing the Executive Director to take the necessary steps to obtain ratings from the Pacific Fire Rating Bureau and Earthquake Rating Bureau. The amount of coverage also to be studied. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None WIDENING OF FOURTH STREET: Mr. Quinn advised that plans have been prepared by Garner, Tee, Gracadas & Troy for the recapping of Fourth Street, between "E" and Arrowhead. Garner T & T decided that to recap the street would cause an excessive crown and so advised the City. The City has now suggested that 4th Street be reconstructed instead of resurfaced. The Operations Department has estimated a cost of approximately $210,000 to complete this work. Mr. Quinn further advised that there is abasement which extends to approxi- mately the curb line on both "E" and 4th Streets. The owner of this property is Mr. An tone Gabriel. If the Agency decides to reconstruct the street ~ "' instead of recapping, Mr. Gabriel's basement will have to be eliminated. Mr. Webster stated that he spoke to Mr. Gabriel, and was advised that he would , cooperate with the Agency, but in no way will incur any costs for same. 1676 The Members asked Mayor Ballard if he thought the City would be able to pay fora portion of the reconstruction of Fourth Street. Mayor Ballard stated that he did not think the City would be able to do so. Mr. Quinn stated that if the street is reconstructed, funds will have to come from our contingency. Mr. Gutierrez stated that he believes the Agency should reconstruct the street, but only between "E" and "D", instead of "E" and Arrowhead. Mayor Ballard stated that he believed this would be fine with the City. All Members agreed. The Members asked what costs would be involved for the elimination of the basement. Mr. Quinn stated that no costs have been obtained, but it is estimated between $30-40 Thousand Dollars. After much discussion and careful review, motion was made by Wein and seconded by Gutierrez tentatively approving the widening and reconstructing of Fourth Street between "E" and "D" Streets, and instructing the Executive Director to obtain costs for the reconstruction and elimination of the Gabriel basement. Further instructing the Agency Counsel to review the matter of the basement with Mr. Gabriel, and report his findings back to the Agency at the next regular meeting. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Webster and Austin Noes: None Abstention: None Absent: None YMCA USE OF THE MALL: A letter was presented from the YMCA requesting the use of the Mall on February 16, 1977 fora Kick-Off Meeting of the Membership Campaign. It was determined that there is no conflict of use of the mall on this date. Motion was made by Webster and seconded by Gutierrez authorizing the use of the Mall on February 16, 1971 by the YMCA fora Kick-Off Meeting of the Membership Campaign. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin. Noes: None Abstention: None Absent: None MARINELLO COMER SCHOOL OF BEAUTY - CLAIM ($1,130.74): The Members were advised that Marinello Comer School of Beauty filed a claim with the City's insurance carrier, which includes $630.74 for broken sewer repairs and $500.00 for loss of business on October 2nd and 9th, 1970, due to closing of the school while repairs were being made. In that the Agency did have contractors working in the area of the Beauty College, the City referred the claim to the Agency. Mr. Varner stated that the claim should be referred to the Agency's carrier, the contractor's carrier, and the City's carrier. Motion was made by Wein and seconded bV Webster to refer the claim of Marinello Comer School of Beauty to the Agency's insurance carrier, the Contractor's carrier, and the City's carrier. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None AGREEMENT FOR MAINTENANCE WITH THE CITY OF SAN BERNARDINO: The proposed Agreement for Maintenance with the City of San Bernardino was pre- sented to the Members. Mr. Quinn stated that the City is in complete agreement with this form of Agreement. This Agreement is to cover work on property owned by the Agency, such as performing services on heating, air conditioning, lighting, plumbing and any other maintenance which requires technical mechanical personnel to perform. After discussion, the following resolution was introduced: 1677 RESOLUTION N0. 2349 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO CONTRACT WITH THE CITY OF SAN BERNARDINO, CALIFORNIA FOR MAINTENANCE 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 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. 1, Calif. R-79; and WHEREAS, the Redevelopment Agencv does not have the qualified technical personnel to perform certain maintenance services in connection with the operation of the Central City Mall and it is deemed advisable to enter into an Agreement with the City of San Bernardino enabling the technical personnel to perform any maintenance services necessary; and WHEREAS, said work will be performed on a time and material basis only. 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 an Agreement with the City of San Bernardino, California on a time and material basis for certain maintenance services required on Central City MaTI. BE IT FURTHER RESOLVED that said reimbursement to the City of San Bernardino will be made on a monthly basis. Adopted: 1-14-71 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2349. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Webster and Austin Noes: None Abstention: None Absent: None SMALL CITIES CONFERENCE, MONTE CORONA, LAKE ARROWHEAD: Mr. Quinn requested authorization for not more than two staff members and any interested Board Member to attend the forthcoming Small Cities Conference, Monte Corona, Lake Arrowhead, January 24-26, 1971. Mr. Quinn stated that the City has requested that the Agency provide a both at this conference with the model of the mall on exhibit. Mayor Ballard stated that the model could be sent to Monte Corona in a city vehicle. After discussion, the following resolution was intro- duced: RESOLUTION N0. 2350 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING TWO STAFF MEMBERS AND ANY IN- TERESTED BOARD MEMBER TO ATTEND THE SMALL CITIES CONFERENCE, MONTE CORONA, LAKE ARROWHEAD, CALIFORNIA, JANUARY 24-26, 1971 1678 WHEREAS, Resolution No. 2043 of the Redevelopment Agency of the City of San Bernardino 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 has been found essential for not more than two Staff Members and any interested Board Member to attend the forthcoming Small City Economic Development Conference, to be held at Lake Arrowhead, California, January 24-25-26, 1971. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency does hereby approve the travel of not more than two Staff Members and any interested Board Member to attend the Small City Economic Development Conference, Lake Arrowhead, January 24- 26, 1977, and their travel expenses are hereby approved in accordance with Resolution No. 2043, as amended. Adopted: 1-14-71 Motion was made by Webster and seconded by Wein authorizing the adoption of Resolution No. 2350. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None PARADISE VALLEY MODEL-A CLUB, REQUEST FOR USE OF PARKING AREA: A letter was presented from Paradise Valley Model-A Club requesting the use of the parking area north of Second Street, between "G" and "E" Streets for an Antique Car Swap Meet on April 18, 1971. They have stated that they will provide the necessary insurance for the event, and that the Harris Company has given their consent. After discussion, motion was made by Webster and seconded by Gutierrez authorizing the use of the parking area north of Second Street, between "G" and "E" Streets fora Car Swap Meet on April 18, 1971, to Paradise Valley Model-A Club. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None OTHER BUSINESS: Mayor Ballard requested the use of the mall for either the last week of January or first week of February, fora kick-off dinner for the March of Dimes. Motion was made by Wein and seconded by Gutierrez authorizing the use of the mall for a kick-off dinner for the March of Dimes either the last week of January or the first week of February. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None All Members stated that they received a copy of the letter sent to City Clerk Lucille Goforth in answer to Councilman Seccombe's questions. 1679 A letter was presented to the Members from certain residents of the State College Project. The letter set forth promises made to them regarding their area that have never been kept. Mr. Wein pointed out that the letter sounds as if these things were promised if the City annexed their area. Mr. Quinn explained that these things were promised if the government accepted the project and we were given federal funds for accomplishing same. Mr. Varner stated that these people should be so advised. Mr. Quinn presented a draft copy of a letter to Mr. Raymond Carrasco, Attention Mr. Richard Franco (HUD). This letter will forward to HUD a copy of the letter from the residents of the State College area, with copies sent to our government representatives, and the persons from the State College area inquiring about the improvements. The Members determined that a letter should be sent to these people explaining that these accomplishments can only be done through Federal participation. ADJOURNMENT: Motion was made by Webster and seconded by Gutierrez adjourning the meeting at 5:40 p.m. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein and Austin Noes: None Abstention: None Absent: None 1680 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD JANUARY 21, 1971 320 NORTH "E" STREET, ROOM 403, SAN BERNARDINO, CALIFORNIA The Chairman called the meeting to order at 4:15 p.m. Roll Call showed the following: Agency Members Present: Austin, Idein, futierrez and Webster Agency Members Absent: None Also Present: Mr. Ouinn, Executive Director; Mr. Varner, Agency Counsel, and Mrs. Baxter, Executive Secretary ELECTION OF OFFICERS: The Chairman declared nominations open for the office of Chairman for the year 1971. Mr. Gutierrez nominated Mr. Webster for the office of Chairman. Mr. Webster seconded the nomination. Mr. Webster moved the nominations be closed. Mr. Gutierrez seconded the motion. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez and Wein Noes: None Abstention: Austin Absent: None The Chairman declared nominations open for the office of Vice Chairman for the ,year 1971. Mr. Webster nominated Mr. Gutierrez for the office of Vice Chairman. Mr. Wein seconded the nomination. Mr. Webster moved the nominations be closed. Mr. Wein seconded the motion. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None The Chairman declared nominations open for the office of Secretary-Treasurer. Mr. Webster nominated Mr. Quinn for the office of Secretary-Treasurer for the year 1971. Mr. Wein seconded the nomination. Motion was made by Webster and seconded by Wein to close the nominations for Secretary-Treasurer. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez and Austin Noes: None Abstention: None Absent: None Mr. Wein requested that the voting for officers be done by individual acclamation. All members agreed. Said vote is as follows: Chairman - E. George Webster Ayes: Wein, Gutierrez, and Webster Noes: None Abstention: Austin Absent: None Vice Chairman - Hesiquio E. Gutierrez Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None Secretary-Treasurer - P. W. Quinn, Jr. Ayes: Wein, Webster, Gutierrez and Austin Noes: None Abstention: None Absent: None Mr. Austin declared the Officers for the year 1971 as follows: Chairman - E. George Webster Vice Chairman - Hesiquio E. Gutierrez Secretary-Treasurer - P. W. Quinn, Jr. 168T Mr. Webster assumed the Chair. MINUTES: The Minutes of the Regular Meeting of January 14, 1971 were submitted for approval. Motion was made by Wein and seconded by Gutierrez approving the Minutes of January 74, 1971 as submitted. The motion was carried by the follow- ing vote, to wit: Ayes: Wein, Gutierrez, Austin and Webster Noes: None Abstention: None Absent: None EXPENDITURES: The Expenditures for the month of December, 1970 were submitted for approval. Motion was made by Gutierrez and seconded by Wein approving the Expenditures for the month of December, 7970 as submitted. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Wein, Austin and Webster Noes: None Abstention: None Absent: None Mr. Webster asked if there were any questions regarding the Investment Activity Report. There was a brief discussion regarding contingency funds. RESOLUTION N0. 2351, AUTHORIZATION FOR THE ISSUANCE OF $13,500,000 OF BONDS TO FINANCE A PORTION OF COSTS FOR CENTRAL CITY PROJECT N0. 1, CALIF. R-79: Mr. Quinn stated that this Resolution authorizing the issuance of $13,500,000 of bonds for Central City has been prepared by O'Melveny and Myers through Jeffery ~-. Bank Note. A copy of this resolution, along with the next two resolutions on the Agency, were hand carried to all Members on Wednesday - the date of their receipt. The bonds will have a 25 year term, callable in 10 years. Bids will be received February 2, 1971, and the date of the bonds will be February 15, 1977. The callable features of the bonds were discussed, along with the possible contingency of $105,000, if the one year notes are called on February 15th. The Meyers were furnished a copy of a telegram received this date from F. I. duPont, Glore Forgan & Co. constituting a firm committment for the purchase of approximately $15,000,000 Tax Allocation Bonds, at a rate not to exceed 7Y per annum. Mr. Austin asked Mr. Varner if this telegram could be considered a legal committment. Mr. Varner stated that it could. Mr. Wein asked Mr. Varner to outline the contingencies on this committment. Mr. Varner stated that the committment is contingent upon receipt of a legal opinion from O'Melveny and Myers; the issuance of a rating by Moody's Investor Service of at least "BAA" and/or a Standard & Poor's rating of not less than "BBB"; and the Agency's ability to meet the delivery date. Mr. Varner stated that he could not see any problem in these contingencies. After further discussion the fallowing resolution was introduced: 1682 RESOLUTION NO. 2351 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDiNO, ^ CALIFORNIA, AUTHORIZING THE ISSUANCE OF $I3,SOQ000 PRINCIPAL AMOUNT OF BONDS OF SAID AGENCY TO FINANCE PORTION OF COST OF A REDE- VELOPMENT PROJECT KNOWN AS CENTRAL CITY PROJECT NO. 1. WHEREAS, the Redevelopment Agency of the Ci[y of San Bernardino, California, is a redevelop- ment 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 (Pa;t 1 of Division 24 of the Health and Safety Code of the State of California) and the powers of suet; ^ Agency include the power to issue bonds foe any of its corporate purposes; and WHEREAS, a redevelopment plan for a redevelopment project known and designated as "Central City Project No. 1" has heretofore been adopted and approved and all requirements of law for, ar.~d precedent to, the adoption and approval of said plan have been duly complied with; and WHEREAS, said plan contemplates that said Agency will issue its bonds to 5nance a pcrtior. of the cost of such redevelopment; NOW, THEREFORE, the Redevelopment Agency of the City of San Bernazdino, California, does hereby RESOLVE, DETERMINE AND ORDER as follows: Section 1. Definitions. As used in this resolution the following terms shall have the following meanings: ^ (a) "Bonds" means the $13,500,000 bonds authorized by this resolution. (b) "Fiscal Agent" means the fiscal agent appointed by the Agency pursuant to Section 2i hereof, its successors and assigns, and any other corporation or association which may at any time be substituted in its place, as provided in [his resolution. (c) "Fiscal year" means the yeaz period beginning on July Is[ and ending on the next following June 30th. (d) "Law" or "Redevelopment Law" means the Community Redevelopment Law of the State of California as cited in the recitals hereof. (e) "Maximum annual debt service" as computed from time to time under Section 17 hereof means [he lazges[ of the sums obtained for each fiscal year thereafter during the life of • this issue by totaling the following for each sudt fiscal year: The amount of pcincipa] and intecest ^ which would be due during such fiscal year on the aggregate principal amount of bonds (including • parity bonds) which would be outstanding in such fiscal year if the Bonds outstanding on the date ^ of such computation are retired by call of $1,500,000 thereof on February ]5, 1981, and • $1,000,000 thereof on February IS in each of the years 1982 to 1993, but deducting and • excluding from such aggregate amount the amount of bonds to be retired as a result of such ^ computation on either of the next two interest payment dates following the date of such computation. (f) "Parity bonds" means any additional tax allocation bonds issued by the Agency as permitted by Section 15 of this resolution. (g) "Paying Agent" means any paying agent provided by the Agency pursuant to this resolution. 1 S. B. Cily Redevelopment-F-I:CS 1683 (h) "Project Area" means the project arcs described and ce:n.cd ie Grdinance No. 2649 adopted by the Common Council of the City of San Bernardino on Fo"oti..,ry 23, 1965, and approved by the Mayor of said city on February 24, ]965, which project area is known and designated as "Central City Project Area No. I" (i) "Redevelopment Agency" or "Agency" means the Redevelopment Agency of the City of San Bernardino, California. (j) "Redevelopment Plan" means the redevelopment plan for said Project Area approved and adopted by said Ordinance No. 2649, and includes any amendment of said plan hereafter made pursuant to law and this resolution. (k) "Redevelopment Project" means the project of carrying out, pursuant [o the Law, the Redevelopment Plan for the Project Area. (1) "Tax Revenues" means that portion of taxes levied upon taxable property in the Redevel- opment Project Area which is allocated to and paid into a special fund (as in this resolution created) of the Agency pursuant to Article 6 of Chaptez 6 of the Law and Section 19 of Article XIII of the Constitution of the State of California, all as more pazticulazly set forth hereafter in this resolution. (m) "Treasurer" or "Treasurer of the Agency" means the officer who is then performing the functions of Treasurer of the Agency. Section 2. Amount, Issuance and Purpose of Bonds. Under and pursuant to said Law and under and pursuant to this resolution Bonds of the Redevelopment Agency in the principal amount of ^ $]3,500,000 shall be issued by the Agency for the purpose of financing a portion of the cost of the Redevelopment Project and for other purposes related thereto as hereinafter provided. Section 3. Nature of Bonds. The Bonds 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, Tax Revenues and other funds as hereinafter provided. Said Bonds, the interest thereon, and any premiums payable upon the redemption of any thereof, are 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 on them, nor in any event shall said Bonds, interest or premiums be payable out of any funds or properties other than those of the Agency as in this resolution set forth. Said Bonds do not constitute an indebtedness within the meaning of any constitutional oz statutory debt limitation or restriction. Neither the members of the Agency nor any persons executing the Bonds are liable personally on the Bonds by reason of their issuance. The Bonds shalt be and are equally secured by an irrevocable and first pledge of Tax Revenues and other funds as hereinafter provided, without priority for number, date of sale, date of execution, or date of delivery, except as expressly provided herein. The validity of said Bonds is not and shall not be dependent upon the completion of the Redevelop- ment Project or upon the performance by anyone of his obligation relative to the Redevelopment Project. Nothing in this resolution shall preclude the redemption and payment of said Bonds prior to maturity, or the payment thereof at maturity, from [he proceeds of refunding bonds issued pursuant to law or from any other funds which may be made available for such purposes. Nothing in this resolu- tion shall prevent the Agency from making advances of its own funds howsoever derived to any of the uses and purposes mentioned in this resolution. Section 4. Description of Bonds. The Bonds shall be in the total principal amount of $13,500,000, shall be 2,700 in number, numbered I to 2,700, inclusive, and shall be of the denomination of $5,000 each. Said Bonds shall be designated CENTRAL CITY PROJECT NO. 1 TAX ALLOCATION 2 $. B. City Rcdevclo, mcnt-F-:1 Si 7684 ^ BONDS, ISSUE OF 1971, shall be dated February 15, 1971, and shall all mature and become payable on • February 15, 1996. Section 5, Interest on Bonds. The Bonds shall bear interest at a rate or rates to be hereafter ^ fixed by resolution, but not to exceed seven percent (7%o) per annum, payable semiannually on • February 15th and August ISth of each year. Each Bond shall bear interest until the principal sum thereof has been paid, provided, however, that when at the maturity date of any Bond, or when the ^ same has been duly called for redemption, funds are available for the payment or redemption thereof in • full accordance with the terms of this resolution, said Bond shall then cease to bear interest. Section 6. Places of Payment. The Bonds and the interest thereon shall be payable in lawful • money of the United States of America at the corporate agency division of Bank of America National ^ Trust and Savings Association, the Fiscal Agent, in Los Angeles, California or at the office of any ^ Paying Agent of the Agency in Chicago, Illinois, or New York, New York, at the option of the holder. Section 7. Execution of Bonds. The Bonds shall be signed on behalf of the Agency by its Chairman by his facsimile signature and by its Secretary by his manual signature, and the seal of the Agency shall be impressed, imprinted or reproduced thereon. The interest coupons on said 3onds shall be signed by said Secretary by his facsimIle signature. The foregoing officers aze hereby authorized and duelled to sign said Bonds and coupons in accordance with this section. Section 8. Registration The Bonds may be registered either as to principal only or as to both principal and interest, and [he form of registration of any registered bond may be changed, or any registered bond be discharged from registration, all in the manner and with the effect set forth in the provisions for registration contained in the form of bond set forth in Section 31 hereof. ^ Section 9. Redemption of Bonds. The outstanding Bonds, or any of them, may be called before ^ maturity and redeemed at the option of the Agency, from any source of funds, on February 15, 198], or ^ on any interest payment date thereafter prior to maturity. If less than all of the Bonds outstanding ^ aze to be redeemed at any one time, the Bonds to be redeemed shall be determined by lot. Bonds so called for redemption shall be redeemed at a redemption price for each redeemed bond equal to the principal amoup[ [hereof, plus the following premium (percentage of paz value) if redeemed at the following timea: PREMIUMS AND REDEMPTION YEARS Redemption Redemption Premium Year Premium Year 4% ..................................•---....----..1981 2%.......-.......................--'--............1989 3~a % ......................'----..............--.....1982 I a/a %................................................1990 3'/z %..-'--' .........................................1983 1 th 3t/a % ................................................1984 I''/a 3% 2~/a% 2 ti4 % ................................................198 7 2t/a % ................................................1988 1991 1992 1 % ..................... ...........................1993 a/a % ..................... ...........................1994 th % ..................... ........................... ] 995 0 .........-°- ....... ...............---........1996 986 S. II. City Rcdcvclopment-F-IIG, 7685 Section 10. Notice of Redemption. Notice of the intended redemption shall be published b, :Ae Fiscal Agent by one insertion in a financial newspaper or journal of national circulation published ir: ti:c • , City of New York, New York, said publication to be at ]east 30 days but not mo:c than 90 days p.-io: to the redemption date, provided chat notice of redemption may be given and published car;icr Then sa:;: 90th day if provision is made for the republication of said notice within tk:e period above prescribed. The notice of redemption shall (a) state the redemption date, (b) state the reocmpaon price, (c) state the numbers of the Bonds to be redeemed, provided, however, that if the call includes all of the outstanding Bonds the numbers of the Bonds need not be stated; (d) require :hat such Bonds be surrendered with all interest coupons maturing subsequent to the redemption date (except that no coupons need be surrendered on Bonds registered as to both principal and interest) ai the office of the Fiscal Agent or at the office of any Paying Agent; and (e) give notice that further interest on such Bonds wIll not accrue after the designated redemption date. If any of the Bonds designated for redemption shall be registered so as to be payable otherwise than to beazer, the Fiscal Agent shall, on or before the date of publication of said notice of redemption, mail a similaz notice, postage prepaid, to the respective registered ownea thereof at the addresses appearing on the bond registry books in the office of the Fiscal Agent. The actual receipt by the holder of any Bond (hereinafter referred to as "bondholder") of notice of such redemption shall not be a condition preceden! to redemption, and failure to receive such notice shall not affect the validity of the proceedings for the :edemption of such Bonds or the cessation of interest on the date 5xed for redemption. The notice o: notices required by this section shall 'c:: given by the Fiscal Agent. A certificate by the Fiscal Agent that notice of call and redemption has bee.: given to holders of registered Bonds as herein provided shall be conclusive as against all pazties, and no bondholder whose registered Bond is called for redemption may object thereto or object to the cessation of interest on the redemption date fixed by any claim or showing that he failed [o actually receive such noflce of call and redemption. ' '' Section 11. Redemption Fund. Prior to the tune the Agency determines to call and redeem any of said Bonds there shall be established with the Fiscal Agent a redemption fund to be held in trust by it and to be described or known as CENTRAL CITY PROJECT NO. 1 TAX ALLOCATION BONDS, ISSUE OF 1971, REDEMPTION FUND (hereinafter sometimes referred to as "Redemption Fund"), and prior to the publication of the notice of a redemption the Fiscal Agent must set aside in said Redemption Fund moneys available for the purpose and sufficient to redeem, at the premiums payable as in this resolution provided, the Bonds designated in such notice for redemption. Said moneys must be se[ aside in said fund solely for that purpose and shall be applied on or after the redemption date to payment (principal and premium) for the Bonds to be redeemed upon presentation and surrender of such Bonds and (except as to Bonds registered as to both principal and interest) all interest coupons maturing after the redemption date, and shall be used only for that purpose. Any interest coupon due on or prior to the redemption date shall be paid from the Special Fund as provided in Section 17 hereof, upon presentation and surrender thereof. Each Bond presented (if unregistered or registered as to principal only) must have attached thereto or presented therewith all interest coupons maturing after the redemption date. If after all of the Ronds called have been redeemed and cancelled or paid and cancelled there are moneys remaining in said Redemption Fund, said moneys shall be transferred to the Special Fund hereinafter created; provided, however, that if said moneys are part of the proceeds of refunding bonds said moneys shall be transferred to the fund created for the payment of principal of and interest on such refunding bonds. Section 12. Effect of the Nofce of Redemption. When notice of redemption has been given, substantially as provided in Section ]0 hereof, and when the amount necessary for the redemption of the Bonds called for redemption (principal and premium) is set aside for that purpose in the Redemption Fund, as provided in Section 11 hereof, [hc Bonds designated for redemption shall become due and 1686 ^ payable on the date fixed foe redemption thereof, and, upon presentation and surrender of said Bonds ^ and (except as to Bonds registered as to both principal and interest) alt interest coupons maturing ^ after the redemption date, at the place specified in the notice of redemption, such Bonds shall i;c redeemed ancj paid at said redemption price out of the Redemption Fund, and no interest will accrue ^ on such Bonds called for redemption or on any interest coupons thereof after the redemptior, care • specified in such notice, and the holders of said Bonds so called for redemption after such redemption date shall look for the payment of such bonds and the premium thereon only to said Redemption Fund. ^ All Bonds redeemed and all interest coupons thereof shall be cancelled by the Fiscal Agent forthwith and surrendered to the Agency and shall no[ be reissued. ^ All interest coupons pertaining to any redeemed Bonds, which coupons have matured on or prior to the time fixed for redemption, shall continue to be payable to the respective holders thercot' but without interest thereon. All unpaid interest payable at or prior to the date fixed for redemption upon ^ Bonds registered in such manner that the interest is payable only to the registered owners shall continue • to be payable to Ute respective registered owners of such Bonds, or their order, but without interest thereon. Section 13. Funds. There is 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 "Redevel- opment Fund"). There is hereby created with the Fiscal Agent a special trust fund called [he Cent: al City Project No. 1 Special Fund (hereinafter sometimes called the "Special Fuad"). Until such time as an amount has been set aside sufficient to pay at maturity, or to call prior to maturity, all outstanding Bonds, plus unpaid interest thereon to maturity or to the call date, 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 14. Disposifion of Bond Proceeds: Redevelopment Fund. The proceeds from [he sale of the Bonds shall be placed in the Redevelopment Fund, except for the following amounts, which shall be transferred to [he Fiscal Agent to be placed in the Special Fund: (1) The accrued interest and premium, if any, paid by the purchaser of the Bonds; and (2) A snm equal to 24 months' interest from the date of the Bonds. The moneys set aside and placed in the Redevelopment Fund shall remain [herein except as from time to time expended solely for the purpose of financing a portion of the cost of the Redevelopment Project and other costs related thereto, such other costs to include but not be limited to: (a) The cost of site improvements and other costs which may not benefit the Redevelopment Project exclusively but which are necessary to the redevelopment of the Project Area and the disposition of the ]and therein; (b) Administrative and operating costs and_ expenses properly chargeable to the Redevelop- ment Project; (c) In lieu tax pa}'ments as authorized by Section 3340] of the Law; (d) A]I or any portion of the principal, interest and premium (if any) upon redemption, of those certain notes of the Agency designated "Central City Project Nu. 1 Negotiable Promissory Notes, 1970", dated August 15, 1970; and (e) The necessary expenses in connection with the issuance and sale of the Bonds authorized by this resolution and the fees of the Fiscal Agent and the Paying Agents. S, B. City Rcdcvdopmcnt-P-12 G9 1687 Moneys in the Redevelopment Fund may be withdrawn therefrom for deposit by [he Agency in any project expenditures fund or account required to be maintained under a contract with the United States of America for financial assistance to the Redevelopment Project but moneys so transferred shall be expended only for purposes for which moneys in the Redevelopment Fund may be expended. ]f any sum remains in the Redevelopment Fund after the full accomplishment of the objects and purposes for which said bonds were issued, said sum shall be placed in the Special Fund. Section I5. Issuance of Additional Parity Bonds to Pay Project Costs. If a[ any time the Agency determines that i[ will not have sufficient moneys or credits available from other sources to pay its share of the costs of the Redevelopment Project, the Agency may provide for the issuance of, and sell, additional tax allocation bonds in such principal amount as i[ estimates will be needed for such purpose; ^ provided [hat the aggregate principal amount of such additional bonds shall not exceed $3,500,000, and subject to the following conditions precedent to such sale; (a) The Agency shall be in compliance with al] covenants set forth in this resolution. (b) The resolution providing for such additional bonds shall require that the proceeds of such sale shall be deposited in the Redevelopment Fund to be used for the purposes specified in Section 14 hereof. (c) The additional bonds shall mature on February 15 in a year or years not earlier than • February 15, 1996, and the interest thereon shall be payable February 15 and August IS of ^ each yeaz. (d) The provisions in such additional bonds providing for redemption prior to mamrity shall be such that the additional bonds shall not be callable for redemption or be purchased in lieu of _ call until all Bonds authorized by this resolution, together with all interest due thereon, have been paid or until sufficient moneys have been set aside to pay the principal of said Bonds plus ^ all interest due and to become due thereon to maturity or (in the case of Bonds which have been ^ duly called for redemption) to the redemption date, plus the premiums payable on Bonds which have been called for redemption. ^ (e) Tax Revenues received by the Agency during the most recent fiscal year or any ^ consecutive twelve month period within the 24 months immediately preceding the issuance of such additional bonds shall have amounted to at leas[ maximum annual debt service on all ^ indebtedness to be outstanding immediately subsequent to the issuance of such. additional bonds. Section ]6. Tax Revenues. As provided in the Redevelopment Plan pursuant to Article 6 of Chapter 6 of the Law and Section 19 of Article XIII of the Constitution of the State of California, taxes levied upon taxable property in the Project Arca 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 "[axing agencies") after the effective date of the ordinance approving the Redevelopment Plan (being Ordinance No. 2649 of [he 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 each 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 efective 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 of said levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into the Special Pund of the Agency. S. 1S. City Reduvclopmcnt-: -11G'i 1688 The foregoing provisions of this section are a portion of the provisions of said Articic 6 and said Section 19 as applied to this bond issue and shall be interpreted in accordance with said Article 6 and said Section 19, and the further provisions and definition contained in said Article 6 and stud Section 19 are hereby incorporated herein by reference and shall apply. The Tax Revenues are hereby allocated and pledged in their entirety to the payment of the principal of, interest on, and premiums payable upon redemption of, said Bonds (including all parity bonds) as in this resolution provided, and until all of said Bonds, and all interest dtercon, 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 said Bonds, the interest thereon and premiums payable upon redemption thereof, all as in this resolution provided. Such allocation and pledge is for the exclusive benefit of the holders of said Bonds and shall be irrevocable. ^ Section 17. Special Fund. The interest on the Bonds (including all parity bonds) shalt be paid by ^ the Fiscal Agent from the Special Fund. ,At the maturity of the Bonds and after all interest then due • on the Bonds (including all pazity bonds) then outstanding has been paid, or provided for, moneys ^ in [he Special Fund shall be applied to the payment of the principal of any of the Bonds of this issue, ^ if any aze then outstanding. ^ On January 1st and July 1st of each year, commencing on January 1, 1974, the Fiscal Agent ^ shall ascertain the balance in the Special Fund, and [hat portion of said balance which is in excess • of the amount of interest to become due on the then outstanding Bonds (including parity bonds) on ^ the next four interest payment dates may be used and applied by the Fiscal Agent to purchase outstanding ^ Bonds of this issue in the manner hereinafter provided, and any remainder of said moneys so available ^ to purchase Bonds but which is not used to purchase Bonds may (and if sufficient to redeem at least ^ $25,000 principal amount of outstanding Bonds, shall) be used and applied by the Agency, if the ^ Bonds are then callable, [o call and redeem the largest principal amount of outstanding Bonds of this ^ issue which can be called (including the payment of the applicable premium thereon) with the moneys ^ available therefor. Any such call and redemption shall be made in accordance with [he provisions of ^ Sections 9 to 12, inclpsive, hereof. ^ Purchases of outstanding Bonds may be made by [he Fiscal Agent at public or private sale as and when and at such prices as the Fiscal Agent may in its discretion determine but only at prices (including brokerage or other expenses) not more than par plus accrued interest plus the premium applicable at the next following call date according to the schedules sec forth in Section 9 hereof, and any accrued interest payable upon the purchase of Bonds may be paid from the amount reserved ^ in the Special Fund for the payment of interest on the next following interest date. Any Bonds so purchased together with all unpaid interest coupons pertaining thereto shall be cancelled by the Fiscal Agent forthwith and surrendered to the Agency and shall not be reissued. ^ The previous provisions of this section for the determination on January 1st and July 1st of each year of [he amount of moneys in the Special Fund available for purchase or redemption of bonds shall no[ prevent the Fiscal Agent from purchasing bonds with moneys in the Special Fund in the manner hereinbefore provided at any other time or times during any year but any such purchases (except for accrued interest) shall be made only with the portion of the then balance in said fund ^ which is in excess of the amount of interest to become due on the then outstanding Bonds (including • pazity bonds) on the next four interest payment dates. Section 18. Deposit and Investment of Moneys in Funds. All moneys held by the Fiscal Agent in the Special Fund, except such moneys which are at the time invested, shall be held in time or demand deposits in any bank or trust company authorized to accept deposits of public funds (including the banking department of the Fiscal Agent) and shall be secured at all times by bonds or other obligations which are authorized by law as security for public deposits, of a market value at least equal to the amount S, IT. Cily 12edevefopment-F-11 C'i 1689 required by law. Such obligations or bonds shall be deposited with such bank or banks as may .-_' seixtc:: by the treasurer of [he Agency and held by or for the account of the treasurer of the Agency as security fot such deposits, but the bank or [cost company holding such deport shc;i at all times have full power of substitution. therefor of other such obligations or bonds. Moneys in the Redeveloprocnt Fund may be trom time to time inves'~ad by the Agency, and moneys in the Special Fund may, and up;ir. writter. request of the Agency shall, be :::vested by the Fiscal Agent, in negotiable direct obligations of G~z L`ni:ed States of Arncrica or negotiable obligations for the payment of both principal and interest of witch the full faith and credit of the '..%:~ cd States of America are pledged subject to the following restrictions: (a) Moneys in the Redevelo?went Fund shall be invested only in obligations which will by their terms mature no[ later than six months after the date the Agency estimat:a the moneys represented by the particular investment will be rceded for withdrawal from such isnd. (b) Moneys in the Special Fund shad be invested only in obligations w~::ch will by their terms mature on such dates as to insure that before each interest payment date there will be in such fund, from matured obligations and other moneys already in such fund, cash equal ;o the interest ^ and principal payable on such date; provided that no investment si;ai! be made :: s::y obligation which matures on a date later than the next interest payment du;c oa which a :y of the bonds • authorized by this resolution may be called for redempton; and pro~~:~:ed, further, such investments • shall be made only to the extent to which the Fiscal Agen: is cnab~a for any reason to use the ^ [he moneys represented [heceby for the purchase or rede:r.;,~~-r. o: basis as required in Section ^ 17 hereof. Obligations purchased as an investment of moneys in either of said funds shall be deemed at all times to be a part of such fund and the interest accruing thereon and any gain realized from such investment shall be credited to such fund and any loss resulting from any such authorized investment shall be charged to such fund without liability to the Agency or the members and officers thereof or to the Fiscal Agent. The Agency or the Fiscal Agent, as the case may be, shall sell at [he best price obtainable or present for redemption any obligation so purchased whenever it shall be necessary to do so in order to provide moneys [o meet any payment or transfer from such fund as required by this resolution. For the purpose of determining ai any given time the balance in either fund, any such investment constituting a par[ of a fund shall be valued at the then esthmated or appraised market value of such investment. Section 19. CovenanLS of the Agency. The Agency shall preserve and protect the security of the Bonds and the rights of the bondholders and defend their rights against all claims and demands of all persons. Until such time as an amount has been set aside sufficient to pay at maturity, or to call prior to maturity, all outstanding Bonds, plus unpaid interest thereon to maturity, or to the tail date, the Agency will (through its proper members, officers, agents or employees) faithfully perform and abide by all of the covenants, undertakings and provisions contained in [his resolu[io~~r or in any Bond issued here- under, including the following covenants and agreements for the benefit o[ the bondholders: ]. The Agency covenants and agrees that it will diligently carry out and continue [o completion, with all practicable dispatch, the Redevelopment Project in accordance with its duty so to do under and in accordance with the Law and the Redevelopment Plan and in a sound and economical manner. The Redevelopment Plan may be amended as provided in the Law but no amendment shall be made which would substantailly impair the security of dte Bonds or the rights of the bondholders. S, Tl. City Rcdcvclopn:er.t-:'-7: ,: 1690 2. The Agency covenants and agrees that the proceeds of the sale of said Bonds wilt be deposited and used as provided in this resolution and that it will manage and operate alt properties owned by it and comprising any part of the Redcvclopment Project in a sound and businesslike manner. 3. The Agency covenants and agrees that, except as permitted in Section IS hereof, it wiq not issue any other obligations payable, principal or interest, from the Tax Revenues which have, or purport to have, any lien upon the Tax Revenues superior to or on a parity with th e lien of the $13,500,000 of Bonds herein authorized and the interest coupons pertaining thereto; provided, however, that nothing in this resolution shall prevent the Agency from issuing and selling pursuant to law refunding bonds or other refunding obligations payable from and having a first lien upon the Taz Revenues if such refunding bonds or other refunding obligations are issued for the purpose of, and are sufficient for the purpose of, refunding all of the Bonds authorized by this resolution and then outstanding. 4. The Agency covenants and agrees that it will duly and punctually pay or cause to be paid the principal of and interest on each of the Bonds issued hereunder together with the premium thereon if any be payable on the date, at the place and in the manner provided in said Bonds and the interest coupons pertaining thereto, solely from the Tax Revenues and other funds as herein provided. 5. The Agency covenants and agrees that i[ will from time to time pay and discharge, or cause to be paid and dischazged, all payments in lieu of taxes, service charges, assessments or ocher governmental charges which may ]awfully be imposed upon the Agency or any of the properties then owned by it in the Project Area, or upon the revenues and income therefrom and wilt pay ail lawful claims for labor material and supplies which if unpaid might become a lien or charge upon any of said properties, revenues or income or which might impaic the security of the Bonds or the use of Tax Revenues or other funds to pay the principal of and interest thereon, al] to the end that the priority and security of said Bonds shall be preserved; provided that nothing in this paragraph shall require the Agency to make any such payment so long as the Agency in good faith shalt cgnt~st the validity thereof. 6. The Agency covenants and agrees that it will at all times keep, or cause to be kept, proper and current books and accounts (separate from all other records and accounts) in which complete and accyrate entries shall be made of all transactions relating to the Redevelopment Project and the Tax Revenues and other funds herein provided for, and will prepare within 120 days after the close of each of [he fiscal years a complete financial statement or statements for such year in reasonable detail covering such Redevelopment Project, Tax Revenues and other funds and certified by a certified public accountant or firm of certified public accountants selected by the Agency, and will furnish a copy of such statement or statements to any bondholder upon written request. 7. The Agency covenants and agrees that if all or any part of the Project Area should be taken from i[, by eminent domain proceedings or other proceedings authorized by law, for any public or other use under which [he property will be tax exempt, the net proceeds realized by the Agency therefrom, less any amount thereof on which the United States of America has a prior claim, will be deposited in the Special Fund and used and applied for the purpose of paying principal of and interest on said Bonds as in this resolution provided. 8. The Agency covenants and agrees that it will not dispose of any property in the Project Area (except property shown in the Redcvclopment Plan in effect on the date this resolution is adopted as planned for public use, or property to be used for public streets, public off-street parking, sewage facilities, easements or rights of way for public utilities, or other similar uses) to public S. B. Cily Redcvclopment-F-ll ,9 7691 bodies or other persons or entities whose property is tax exempt if as a result of such ::i~;~si5~~.. the security of the Bonds or the rights of the bondholders would be substantially impaizcd. Section 20. Taxation of f,cased Pmpcrfy. Whenever any property in the Project Area has been redeveloped and thereafter is leased by the Agency to any person or persons or whenever the Agency leases real property in the Project Area to any person or persons for redevelopment, ti;o ~.:opcrty shall be assessed and taxed in the same manner as prvately cs::ed property, as required by Section 33673 of the Health and Safety Code, and the lease or contract shall provide (a) that the lessee shat) pay taxes upon the assessed value of the entire property and not merely upon the assessed value of his or its leasehold interest, and (b) that if for any reason the taxes levied on such property in any year during the term of the (case or contract are less than the taxes which would have been levied if the entire property had been assessed and taxed in the same manner as privately owned property, the lessee shall pay such difference [o the Agency within thirty days aker the taxes for such yeaz become payable to the taxing agencies and in no event later than the delinquency date of such taxes established by law. All such payments shall be treated as Tax Revenues, and whe;::eceived by the Agency shall be deposited in the Special Fund. ^ Section 21. Fiscal Agent and Paying Agenfs. The Agency hereby appoints the Bank of America • National Trust and Savings Association as Fiscal Agent to act as the agent and depositary of the ^ Agency for the purpose of receiving Tax Revenues and ether funds as provided in this resolution, to ^ hold, allocate, use and apply such Tax Revenues and ether funds as provided in this resolution, and to ^ perform such other duties and powers of the Fiscal Agert as are prescribed in this resolution. The Agency may remove the Fiscal Agent L-.aially appointed or any successor thereto and in such case shall forthwith appoint a successor thereto Sut any successor shall be a bank or trust company doing business and having an once in the City of Los Angeles, having a combined capital and surplus of at least $5,000,000. The Fisca] Agent herein appointed or any substituted Fiscal Agent may at any time resign as such by writing filed with the Agency in which event the Agency shall foahwith appoint a substitute Fiscal Agent and the resignation shall become effective upon such appointment. 1n the event that the Fiscal Agent or any successor becomes incapable of acting as such the Agency shall forthwith appoint a substitute Fiscal Agent. Any bank or trust company into which the Fiscal Agent may be merged or with which it may be consolidated shall become the Fiscal Agent without action of the Agency. A Fiscal Agent may become the owner of any of [he Bonds authorized by this resolution or any of the coupons appurtenant thereto with the same rights it would have had if it were not the Fiscal Agent. The Fiscal Agent shall have no duty or obligation whatsoever to enforce the collection of or to exercise diligence in the enforcement of the collection of funds assigned to it hereunder, or as to the correctness of any amounts received, but its liability shall be limited to the proper accounting for such funds as it shall actually receive. ^ The recitals of fact and al] promises, covenants and agreements herein and in the Bonds of said authorized issue contained shall be taken as statements, promises, covenants and agreements of the Agency, and the Fiscal Agent assumes no responsibility for the correctness of the same, and makes no representations as to [he validity or sufficiency of this resolution or of the Bonds or coupons, and shall incur no responsibility in respect thereof, other than in connretion with the duties or obligations herein or in the Bonds assigned to or imposed upon the Fiscal Agent Ttte Fiscal Agent shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or default. The Agency shnll, during the life of the Bonds, provide for Paying Agents, a[ least one in Chicago, Illinois, and a[ !cast one in New York, New York, at the office of which the Bonds and coupons are payable at the option of the holder. 10 S, TS. Cily itcdcvclopmcnt-F-1169 1692 Section 22. Lost, Destroyed or Mufilated Bonds. In the even[ that any bond o: any into: cst coupon pertaining thereto is lost, stolen, destroyed or mutilated, t}ic Agency will cause to be issued a new bond of coupon similar to the original to replace the same in such manner and upon such reasonable terms and conditiogs, including the payment of costs and the posting of a surety bond if the Agency deems such surety bond necessary, as may from time to time be deieimined and prescribed by resolution. The Agency may authorize such new bond or coupon or coupons to be signed and authenticated in such manner as it determines in said resolution. • Section 23. Cancellation of Bonds. All Bonds and coupons surrendered to the Fiscal Agent or any Paying Agent for payment upon maturity or for redemption shall upon payment therefor be cancelled ^ immediately and forthwith transmitted to the Treasurer. All of the cancelled Bonds and interest coupons shalt remain in the custody of the Treasurer until dcsvoyed pursuant to due authorization. Section 24. Amendments with Consent of Bondho-ders. This resolution, and the rights and obligations of the Agency and of the holders of the Bonds and coupons issued hereunder, may be modified or amended at any time by supplemental resolution adopted by the Agency with the consent of bond- holders holding sixty per cent (60%) in aggregate principal amount of the outstanding Bonds, exclusive of bonds, if any, owned by the Agency or the City of San Bernardino, and obtained as hcreirafter set forth; provided, however, that no such modification or amendment shall, without the express consent of the holder or registered owner of the bond affected, reduce the principal amount of any bond, reduce the interest rate payable thereon, advance the earliest redemption date, reduce the premium payable upon redemption thereof, extend its maturity or the times for paying interest thereon or change the monetary medium in which principal and interest is payable, nor shall any such modification or amend- ment reduce the percentage of consent required for amendment or modification. Any ac[ done pursuant to a modification or amendment so consented to shall be binding upon the holders of all of the Bonds and interest coupons, whether such coupons be attached to bonds or detached therefrom, and shall not be deemed an infringement of any of the provisions of this resolution or of said Law, whatever the character of such act may be, and may be done and performed as fully and freely as if expressly permitted by the terms of this resolution, and after such consent relating to such specified matters has been given, no bondholder or holder of any interest coupon, whether attached to a bond or detached therefrom, shall have any right or interest to object to such action or in any manner to question the propriety thereof or to enjoin or restrain the Agency or any officer thereof from taking any action pursuant thereto. Section 25. Calling Bondholders' Meefing. If the Agency shall desire [o obtain any such consent it shall duly adopt a resolution calling a meeting of bondholders for the purpose of considering the action, the consent to which is desired. Section 26. Notice of Meeting. Notice specifying the purpose, place, date and hour of such meeting shall be published once in each of four successive calendar weeks in a newspaper of general circulation in the City of Los Angeles, California, and once in a financial newspaper or journal of national circulation published in the Ci[y of New York, New York, the firs[ publication in the former and the publication in the latter to be not less than sixty (60) days and not more than ninety (90) days prior to the date fixed for the meeting. Such notice shall set forth the nature of the proposed action, consent to which is desired. If any of the bonds shall be so registered as to be payable otherwise than to bearer, the Agency shall on or before the first publication of such notice, cause to be mailed a similar notice, postage prepaid, to the respective registered owners thereof at their addresses appearing on the bond registry books in the hands of the Fiscal Agent. The place, date and hour of holding such meeting and the date or dates of publishing and mailing such notice shall be determined by the Agency in its discretion. 11 S. IZ. City Redevelopment-F•II6S 1643 The actual receipt by any bondholder o[ notice of any such meeting shall not be a ::~....,...... precedent to the holding of such meeting, and failure to receive such notice shall not allcct the va;lcit of the proceedings thereat. A certificate by the Secretary of the Agency, approved by resolution of the Agency, that the meeting has been called and that notice [hereof has been given as herein provided shall be conclusive as against all parties and i[ shall not be open to any bondholder to show that he failed to receive notice of such meeting. Section 27. Voting Qualifications. Any bondholder may, prior to any surf: meeting, deliver his bond or bonds to the Fiscal Agent and shall thereupon be emi:ird to receive an :~.;~ropriata receipt for the bond or bonds so deposited, calling for the redelivery of s;;clt bond or bonds at any time after the meeting. The Fiscal Agent shall prepare and deliver to the Chairman of the meeting a list of [he names and addresses of the registered owners of bonds, with a statement of the maturities :md serial numbers of the bonds held and deposited by each of such bondholders, and ro bondhcldet shall be entitled to vote at such meeting unless his name appears upon salt list of unless he shall present his bond or bonds at the meeting or a certificate of deposit thereof, satisfactory to [he Agency, executed by a bank or crust company. No bondholder shall be permitted to vote with respect to a larger aggregate principal amount of bonds titan is set against his name on such list, unless he shall pzoduce the bonds upon which he desires to vote, or a certificate o'. deposit thereof as above provided. Section 2S. Issuer-Owned 3onds. The Agency covenants that it will present at [he meeting a certificate, signed and verified by one member thereof and by the Treasurer, stating the maturities and serial numbers of all bonds owned by, or held for account of, the Agency or the City of San Bernardino, directly or indirecdy. No person shall be permitted at the meeting to vote or consent with respect to any bond appearing upon such certificate, or any bond which it shall be established a[ or prior to the meeting is owned by the Agency or the City of San Bemazdino, directly or indirectly, and no such bond (in this resolution referred to as "issuer-owned bond") shall be counted in determining whether a quorum is present at the meeting. Section 29. Quorum and Procedure. A representation of a[ least sixty per cent (60%a) in aggregate principal amount of the Bonds then outstanding (exclusive of issuer-owned bonds, if any) shall be necessary to constitute a quorum at any meeting of bondholders, but ]ess than a quorum may adjourn the meeting from time [o time, and the meeting may be held as so adjourned without further notice, whether such adjournment shall have been had by a quorum or by less than a quomm. The Agency shall, by an instrument in writing, appoint a temporary chairman of [he meeting, and the meeting shall be organized by the election of a permanent chairman and secretary. A[ any meeting each bondholder shall be entitled to one vote for every $5,000 principal amount of bonds with respect to which he shall be entitled to vote as aforesaid, and such vote may be given in person or by proxy duly appointed by an instrument in writing presented at the meeting. The Agency, by its duly authorized representative, may attend any meeting of the bondholders, but shall not be required to do so. Section 30. Vole Required. At any such meeting held as aforesaid there shall be submitted for the consideration and action of the bondholders a statement of the proposed action, consent to which is desired, and if such action shall be consen(ed to and approved by bondholders holding a[ least sixty per cent (60%) in aggregate amount of theBonds then outstanding (exclusive of issuer-owned bonds) the chairman and secretory of the meeting shalt so certify in writing to the Agency, and such certificate shall constitute complete evidence of consent of bondholders under the provisions of this resolution. A certificate signed and verified by the chairman and the secretary of any such meeting shall be conclusive evidence and the only competent evidence of matters stated in such certificate relating to proceedings taken at such meeting. 12 S, B. Cihy Redevelopment-P-ll(r 1694 Section 31. Bond and Coupon Porm. Said Bonds shall be issued as payable to bearer, shalt be issued in negotiable form and shall be negotiable, and the form of said Bonds and the interest coupons attached thereto shall be substantially as follows: UNITED STATL-S OF AMERICA STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CENTRAL CITY PROJECT' NO. 1 TAX ALLOCATION BOND, ISSUE O; 1971 No. $5,000 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 or, if this bond be registered, to the registered owner hereof, on ^ February 15, 1996 (subject to right of prior redemption as hereinafter stated), upon presentztion and surrender of this bond, the sum of FIVE THOUSAND DOLLARS ($5,000), with interest thereon (payable solely from said funds) from the date hereof at the rate of .._.....% per annum, interest pay- able semiannually on the fifteenth days of February and August of each and every year until this bond ^ is paid, upon presentation and surrender of the respective interest coupons hereto attached; provided, ^ however, that if at the maturity date of this bond or, if the same is duly called for redemption, then at the date fixed for redemption, funds are available for payment or redemption thereof, as provided ^ in the resolution hereinafter mentioned, this bond shall then cease [o bear interest. Both principal and interest are payable in lawful money of the United States of America at the corporate agency division ^ of Bank of America National Trust and Savings Association, the Fiscal Agent, in Los Angeles, ^ California, or at the office of any Paying Agent of the Agency in Chicago, Illinois, or New York, ^ New York, at the option of the holder. This bond, the interest thereon, or any premium payable upon the redemption thereof, are 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 [hereon, nor in any event shall this bond or said interest or premiums be payable out of any funds or properties other than the funds of the Agency hereinafter mentioned. This bond does 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 this bond are liable personaily on this bond by reason of its issuance. This bond is one of a duly authorized issue of bonds of the Agency designated "Central City Project No. 1 Tax Allocation Bonds, Issue of 1971" (hereinafter called "said bonds") limited in aggregate principal amount to $13,500,000, all of like tenor (except for bond numbers) and all ^ of which have been issued pursuant to and in. full conformity with the Constitution and laws of the Slate of California, and particularly [he Community Redevelopment Law (being Part I of Division 24 of the ^ Health and Safety Code of the State of California) for the purpose of financing a portion of the • cos[ of the redevelopment project above designated, and are authorized by and issued pursuant to ^ Resolution No. 2251 (hereinafter called "said resolution") adopted by the Agency on January 21, 1971. All of said bonds are equally secured in accordance with the terms of said resolution, reference to which is hereby made for a specific description of the security therein provided for said bonds, for the nature, extent and manner of enforcement of such security, for the covenants and agreements made for the benefit of the bondholders, and for a statement of the rights of the bondholders; and 13 S. B. Cily Rcdcvdopmcnt-`r-11G; 1695 by the acceptance of this bond the holdec thereof and of tl:c ccu~,cs attached hereto assents to all of the terms, conditions and provisions of said resolution. 1n :he manner provided ir. said resoiu- tion, said resolution and the rights and obligations of the Agency and of the holders of said bonds and coupons, may (with certain exceptions as stated in said resolution) be modified or amended with the consent of the holders of 60% in aggregate principal amount of outstanding bonds, exclu- sive of issuer-owned bonds. The principal of this bond 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) and other funds, all as more particulariy set forth in said resolution. This bond is callable and redeemable prior to maturity ir. accordance with the provisions for redemption endorsed hereon. This bond and the coupons attached hereto are negotiable ins:rcracnts and shall be negotiable by delivery. This bond may be registered as to principa: oniy or as to both principal and interest, in accordance with the provisiors for regis~rmion endorsed hereon. It is hereby recited, certified and declared that any a::d all acts, conditions and things required to exist, to happen m:d to be performed pmcedent to and in t„e issuance of this bond exist, have happened and have been performed in due time, form and manner as required by the Constitution and statutes of the State of Ca]ifornia. IN WITNESS WHEREOF, the Redevelopment Agency of the City of San Bernardino has caused this bond to be signed on its behalf by its Chairman by his facsimile signature and by its Secretary and the seal of said Agency to be impressed, imprinted or reproduced hereon, and the interest coupons hereto attached to be signed by said Secretary by his facsimile signature and this bond to be dated the 5fieenth day of January, 1971. ' (SEAL} Chairman of the Redevelopment Agency of the City of San Bernardino Secretary of said Agency. ..,, ,ry S, IS. Cify Redeveloprnent-P-21Gy 1696 (COUPON FORM) On the fifteenth day of ........................ THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO will pay to bearer at Bank of America National Trust and Savings Association, N Los Angeles, California, or at the omce of any Paying Agent of the Agency in Chicago or New York, at the option of the holder, solely out of the funds mentioned in the bond to which this coupon is attached, the sum of in lawful money of [he United States of America being the semiannual interest then due on its CENTRAL CITY PROJECT NO. I TAX ALLOCATION BOND, Issue of 1971 dated February 15, 1971, subject to the provisions ' on the reverse hereof. Coupon No.....°.. 19...... No........°-- Secretary of the Redevelopmene 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 bond [o which this coupon is attached is duly called for redemption on a date prior to the • maturity date of this coupon, this coupon will be void. . Substantially the following provisions for redemption and registration shall be printed on the reverse side of the bond: PROVISIONS FOR REDEMPTION ^ This bond is redeemable in the manner and subject to the terms and provisions, and with the effect, set forth in the resolution of the Redevelopment Agency of the City of San Bernardino, referred ^ to on the face of this bond, at the option of said Agency, from any source of funds, on February I5, 1981, or on any interest payment date thereafter prior to maturity, upon at least 30 days' prior ^ notice published in a financial newspaper or journal of national circulation published in the City of ^ New York, New York, at a redemption price equal to the principal amount thereof plus the following ^ premium (percentage of paz value) if redeemed at the following times: PREMIUMS AND REDEMPTTON YEARS Premium Redemption Year Premium Redernptian Year 4% ........................................ ........1981 2%.....................---'- ----..................1989 33/a % ........................................ ........1982 13/a °10........................--- '--..................1990 3rFz % ........................................ ........1983 1 r/z %.......................... ......................1991 3 t/a % ........................................ ........1984 1 t/a %........................... .....................1992 3% ........................................ ........1985 1 %........................... .....................1993 23/a % ........................................ ........1986 3/a %........................... .....................1994 2tfz% ........................................ ........1987 tfz%........................... .....................1995 2t/i% ........................................ ........1988 ~ 0 ........................... .....................199(, 7697 PII20VIS70NS F62 ItGGISTItATi®\ This bond may be registered in the name of any person as the registered owner herwf, tithe: as to principal only or as to both principal and interest, and, if registered in either said forms may be changed to registration in the other of said forms or discharged from registration. Each registration, transfer after registration, change of form of registration, or discharge from registration of this bond shall be entered by the Fiscal Agent in books kept by i[ for the purpose and noted by it in the registration blank below. Registry:ion as to principal only shall not aficct the negotiability by delivery of the coupons pertaining hereto. Upon registratior, as to both principal and interest, all unmahtred coupons pertaining hereto shall be surrendered to the Fiscal Agent and may be preserved or cancelled in his discretion. So long as this bond is registered no transfer hereof shall be valid for any purpose t;rless made by the registered owner and entered and noted as herein provided, and the principal ; crcof and any redemption premium shall be payable only [o :;:e registe.ed owner or to his order. Interest oa this bond, if registered as to both principal and i:i;r: cst, shal be payable to the perso.-. whose name appears upon the registry books as tho rcgisic.: r! owner hereof at the close of business on :nc tenth day preceding the interest payment date, or [o his order. If this bond is registered as is both principal and interest and its registration is changed to registration as to principal only, or it it is discharged from registration, there shall be attached hereto coupons representing interest hcrcor.:o beco,: e due thereafter to the date of maturity hereof. In lieu thereof, and anon surrender and cancellation hereof, the Fiscal Agent in its discretion may cause to be issued by t:;-.~ . -oncy in exc,`,ange therefor a new ^+ bond, with such coupons attached, identical with this bond, except for the previous notations on t};e registration blank hereon, and except that the signatures on the new bond shall be those of the persons holding the offices at the time of affixing such signatures. The first such issuance of a new bond or new coupons shall be made without charge, and thereafter any such issuance shall be at the expense of the registered owner Each discharge hereof from registration shall be effected by an entry on the registry books, and a notation in the blank below, that this bond is payable to bearer, whereupon this bond shall become an unregistered bearer instrument, negorahle 'oy dclivory as if it had never been registered. Each request for registration, transfer, change or discharge must be in form satisfactory to the Fiscal Agent and must be made in writing, signed by the registered owner, or by his agent duly authorized in writing, or by the bearer, as the case may be. Dafe of Tn {Vtmse :Name Manner of Signature of Registration Registered Registration Fiscal Agent Section 32. Proceedings Constitute Contract. The provisions of this resolution, of the resolutions providing for [he sale of the bonds and awarding the bonds and fixing the interest rate or rates thereon, and of any other resolution supplementing or amending this resolution and adopted prior to the issuance of the Bonds hereunder or adopted subsequent to such issuance if permitted herein, shall constitute aeon- _ tract between [he Agency and the bondholder and the provisions thereof shall be enforceable by any bondholder for the equal benefit and protection of all bonc)holders similarly situated by mandamus, accounting, mandatory injunction or any other suit, action or proceeding at law or in equity that is now or may hereafter be authorized under the laws of the Slate of California in any court of competent jurisdiction. Said contract is made under and is to be construed in accordance with the laws of the State of California. No remedy conferred hereby upon any bondholder is intended to be exclusive of any other remedy, but each such rcmcdy is cumulative and in addition to every other rcmcdy and may be exercised withcut 1698 exhausting and. without regard to any other remedy conferred by the Community Redevelopment Law o: any other law of the State of California. No waiver of any default or breach of duty or contract by any bondholder shall affect any subsequent default or breach of duty or contract or shall impair any rights or remedies on said subsequent default or breach. No delay or omission of any bondholder to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed as a waiver of any such default or acquiescence therein. Every substantive right and every remedy conferred upon the bondholders may be enforced and exercised as often as may be deemed expedient. In case any suit, action or proceeding to enforce any right or exercise any remedy shall be brought or taken and should said suit, action or proceeding be abandoned, or be determined adversely to the bondholders, then, and in every such case, [he Agency and the bondholders shall be restored to their former positions, rights and remedies as if such suit, action or proceeding had not been brought or taken. After the issuance and delivery of the Bonds this resolution and supplementary resolutions thereto shall be irrepealable, but shall be subject to supplement, modification or amendment to the extent and in the manner provided in this resolution, but to no greater extent and in no other manner. Section 33. Severability. If any covenant, agreement or provision, or any portion thereof, contained in this resolution, or the application thereof to any person or circumstances, is held to be unconstitutional, invalid or unenforceable, the remainder of this resolution and the application of any such covenant, agreement or provision, or portion thereof, to other persons or circumstances, shall be deemed severable and shall not be affected, and this resolution and the bonds issued pursuant hereto shall remain valid and the bondholders shall retain all valid rights and benefits accorded to them under this resolution and the Constitution and laws of the State of California. If the provisions relating to the appointment and duties of a Fiscal Agent are held to be unconstitutional, invalid or unenforceable, said duties shall be performed by the Treasures Section 34. This resolution shall take effect upon adoption. ADOPTED AND APPROVED this 21st day of January, 1971. Chairman of the Redevelopment Agency of the City of San Bernazdino, California Motion was made by Wein and seconded by futierrez authorizing the adoption of Resolution No. 2351. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Webster and Austin Noes: None Abstention: None Absent: None The following resolution was introduced: to S. t:. City Redevdorrr.ect-P ".:'. 1699 RESOLUTION N0. 2352 RESOLUTION OF ^1IIE REDEVELOPIs,ENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFOR'VIA, DIRECT- ING TFIE SECRETARY TO PUIILISff NOTICE INVITING SEALED PROPOSALS FOR BONDS OF SAID AGENCY WHEREAS, a resolution authorizing the issuance WHEREAS, it is desirable that said bonds be sold; NOW, THEREFORE, the Redevelopment Agency of the of bonds of the Redevelopment Agency of the City of San Bernardino, California, in the amount of $13,500,000 to be designated Central City Project No. 1 Tax Allocation Bonds, 2ssue of 1971, has beer. adopted; and. City of San Bernardino, California, DOES HEREBY RESOLVE, DETEFL`/iIATE AND ORDER as follows: Section 1. Sealed bids or proposals for the purchase of said bonds shall be received up to the time stated in the notice hereinafter set forth. Section 2. The Secretary of the Agency is hereby authorized and directed to publish said notice once in a newspaper of general circulation published in said city, said publication to be at least seven days prior to the ..... date for receiving bids. noo Section 3. The Secretary is hereby further authorized to cause to be furnished to prospective bidders copies of said notice and of the aforesaid resolution of issuance and of an official statement relating to the properties, operations and finances of the Agency; but failure in whole or in part to comely with this section shall rot in any manner affect the validity of the sale. Section 4. Said notice shall be substantially as follows: i 70~ APPROVED AA'D ADOPTED this 21st day of January, 1971. Chairman o~ the Redevelopment Agency o~ the City o~ San Bernardino, California. 7702 di w> of eaimary i'/, a7F n ,..~ ...... ........ ...,-1~ ~• The Re~evelo~~ ~e~t ~~ger~cy of the City of ~a~ ~e~~~~.~~o NOTICE dNVITING' BIDS ON 523,500,000 BONDS OF TFIE REDEVELOP~PENT AGENCY OF TiIE CITY OF SAN BERNARDINO, CALIFORNIA ,' The Agency will receive bids at the place and up to the time below spea5ed. TIME: February 2, 1971 11:00 o'clock A.M. (PST) PLACE: Agency Office Room 403 320 North "E" Street San Bernardino, California MAILED BIDS: Address to P. W. Quinn, Jr. - Secretary of the Agency at the above address. 1703 NOTICE YNVdTING BIDS ON $13,500,000 BONUS OF TII$ REDEVELOPMCNT AGENCY OF TIIE CITY OF SAN BERNARDdNO,CALIFORNIA ^ NOTICE IS HEREBY GIVEN that sealed proposals for [he purchase of $13,500,000 par value tax allocation bonds of the Redevelopment Agency of the City of San Bernardino, California, will be received by said Agency at the place and up to the time below specified: TIME: February 2, 1971 11:00 o'clock A.M. (PST) PLACE; Agency OtHce Room 403 320 North "E" Street San Bernardino, California MAILED BIDS: Address to P. W. Quinn, Jr. Su;etary of the Agency .:, the a'oove address. , OPENING OF BIDS: The bids will be opened at the meeting of said Agency to be held February 2, 1971. ^ ISSUE: $13,500,000, designated "CenVal City Project No. 1 Tax Allocation Bonds, Issue of 1971;' consisting of 2,700 bonds, numbered 1 to 2,700, both inclusive, of the denomination of $5,000 ^ each, dated February 15, 1971. MATURITIES: The bonds will be term bonds and will all mature and be payable on February ^ 15, 1996. INTEREST: The bonds shall bear interest a[ a rate or rates to be fixed upon the sale thereof but ^ not to exceed 7% per annum, payable semiannually on February 15 and August 15 in each year ^ beginning August I5, 1971. .„ PAYMENTS: The bonds and the interest thereon are payable in lawful money of the United States of America at the corporate agency division of Bank of America National Trust and Savings Association, ^ Fiscal Agent for [he Agency, in Los Angeles, California, or a[ the option of the holder, at the office ~. of any Paying Agent of the Agency in Chicago, Illinois, or New York, New York. REGISTRATION: The bonds will be coupon bonds registrable either as to principal only or as to both principal and interest, and the form of registration of any registered bond may be changed, or any registered bond may be discharged from rc~istration, all in the manner and with the cllect set forth in the Resolution hereinafter referred to, 1 S. R. Cily Rcdcvelopmcrt -7-1I L: 1704 REDEMPTION: The outstanding Bonds, or any of them, may be called before maturity and ^ redeemed at the option of the Agency, from any source of funds, on February 16, 1981, or ar. any ^ interest payment date thereafter prior to maturity. If less than all of the Bonds outsmnding are to be redeemed at any one time, the Bonds to be redeemed shall be determined by lo[. ^ Bonds so called for redemption shall be redeemed at a redemption price for each redeemed bond equal to the principal amount thereof, plus the following premium (percentage of par valve) if redeemed at the following times: PREMIUMS AND REDEMPTION YEARS Premium Redemption Year Premium Redemption Year 3'/a 3 t/z 3t/a 2a/a %-----------------°------------•----............1986 2 rfz % .................................•--............1987 2 t/a %-------------------------'---.........-.........1988 Such call and redemption may be in the manner, upon [he notice, with the effect and subject to the terms and provisions set forth in the Resolution hereinafter referred to. PURPOSE OF ISSUE: The bonds are [o be issued by [he Agency under and pursuant to the Community Redevelopment Law of the State of California (Part 1 of Division 24 of the Health and Safety Code) to aid in financing a redevelopment project in the City of San Bernardino, known as Central City Project No. 1 under a redevelopment plan approved by Ordinance No. 2649, adopted by the Common Council of said City on February 23, 1965, and approved by the Mayor of said CiTy on February 24, 1965; and are [o be issued pursuant [o a resolution adopted by [he Agency on January 21, 1971 (hereinafter referred to as the Resolution), to which reference is made for further particulars. SECURITY: The bonds are payable, both principal and interest, solely from Tax Revenues (as defined in the Resolution) and from certain other limited funds as provided is the Resolution. The bonds aze no[ obligations of the City of San Betnazdino. TERMS OF SALE Interest Rate: The maximum rate bid may not exceed 7% per annum, payable semiannually. ^ Only one rate may be bid and must be a multiple of '/s or ]/20 of I%. Only one coupon will be attached to each bond for each installment of interest thereon, and bids providing for additional or ^ supplemental coupons will be rejected. Award: The bonds shall be sold for cash only. All bids nntst be for not less than all of the bonds hereby offered for sale and each bid shall state the purchase price, which shall be not less than 96% ^ of par, and the interest rate not to exceed that specified herein, at which the bidder offers to buy the bonds. ^ Each bidder shall state in his bid the total net interest cost in dollars and the average net interest ^ rate determined thereby, which shall be considered informative only and not a part of the bid. 2 S, '.S. City Redevclapment--11G9 2 % ................................... .............19 2 t 9 1 a/a % .................................... ....•-•----.1990 I th % ................................... .............1991 1 t/a %-------••---'----°--------------° ----.-°°-..1992 1%----°...°.......----° ......... .............1933 a/a %----------------•-•----------...---- --.....-----1994 th % ................................... .............1995 0 °--°-° ..................•----.. .............199b 984 985 1705 liigheat Bidder: The bonds will be awarded to the highest responsible bidder or bidders consc.arL.. ^ the interest rate specified and the premium or discount, if any. The highest bid wilt be dcic.-,,::nc,. by deducting the amount of the premium bid (if nny) from, or adding the amount of the discom;t ;;:., (if any) to, the total amount of interest which the Agency would be required to pay from tl:c date ^ of the bonds to the respective maturity dates thereof at the coupon rate specified in the btu, and ^ the award will be made on the basis of the lowest net interest cost Yo the Agency. Ti:c purchaser must pay accrued interest from the date of the bonds to the date of delivery computed on a 360-day year basis. The cos[ of printing the bonds will be borne by the Agency. Right of Rejection: The Agency reserves the -right in 2s discretion, to reject any and all bids and [o the extent not prohibited by law to waive any irregularity or informality in any bid. Prompt Award: The Agency will take action awarding the bonds or rejecting all bids not later than twenty-six (26) hours after [he time hereir. prescribed for the receiot 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. Place of Delivery: Delivery of the bonds will be made to the successful bidder at Je[tries Banknote Company, 1330 West Pico Boulevard, Los Angeics, Calitornia, or at such other place as may be agreed upon by the successful bidder and the officer of the Agency making dclivey. Payment for the ^ bonds shall be made in cash or certified Federal Reserve Bank funds which are immediately available to the Agency, or other comparable funds. --.~ Prompt Delivery; Cancellation fac sate De'cvery: It is expected that the bonds will be delivered • to the successful bidder on February I5, 1971. The successful bidde, shall have the eight, at his ^ option, to cancel the contract of parchase if the Agency shall fail to execute the bonds and tender • them for delivery within sixty days from the date herein fixed for the receipt of bids, and in such event • the successful bidder shall be entitled to the return of the check accompanying his bid. Form of Bid: Each bid, together with [he bid check, must be in a sealed envelope, addressed to ^ the Agency with the envelope and bid cleazly mazked "Proposal for $13,500,000 Bonds of the Redevelop- ment Agency of the City of San Bernardino." Bid Check: A certified or cashier's check on a responsible bank or trust company in the amount ^ of $275,000, payable to the order of the Agency must accompany each proposal as a guaranty [hat the bidder, if successful, will accept and pay for the bonds in accordance with the terms of his bid. The check accompanying any accepted proposal shall be applied on the purchase price or, if such proposal is accepted but not performed, unless such failure of performance shall be caused by any act or omission of the Agency, shall then be cashed and the proceeds retained by the Agency. The check accompanying each unaccepted proposal will be returned promptly. Change in Tax Exempt Status: At any time before the bonds are tendered for delivery, the successful bidder may disaffirm and withdraw the proposal if the interest received by private holders from bonds 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. [.egal Opinion: The unqualified opinion of O'Mclveny & Myers, attorneys, approving the validity of the bonds will be furnished the successful bidder a[ or prior to the time of delivery of the bonds, at [he expense of the Agency. A copy of such opinion, certified by an officer of the Agency by his S. B. City Redcvclonment-F-11 (,i 1706 facsimile signature, will be printed on the back o.' each bond. No charge will be made to the pu rci:ase: for such printing or certification. No Litigation Cerli~cate: At the time of payment for aad delivery of the bo.-.ds, the Agency will furnish the successful bidder a certificate that there is ao litigation pending affecting the validity of the bonds. INFORDIATION AVAILABLE: Requests for copies of Official Statement pertaining to the bonds, or for cerning the Agency should be addressed to Mr. P. W of the Agency, Room 408, 320 North "E" Street, San 92401, or to J. R. Narwitz & Co. 2233 4Jatt Avenue, 95825, the financial consultant to the Agency. the Resolution and file ; other information con-' Quinn, Jr., Secretary Bernardino, California, Sacramento, California GIVEN by order of the Agency adopted on January 21, 1971 P. 4d. QUINN, JR. Secretary of the Redevelopment Agency of the City of San Bernardino Motion was made by Gutierrez and seconded by Wein authorizing the adoption of Resolution No. 2352. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Wein, Austin and Webster Noes: None Abstention: None Absent: None RESOLUTION N0. 2353, APPROVINf, THE OFFICIAL STATEMENT AUTHORIZING THE AGENCY'S DISSEMINATION AMONG RESPECTLVE BIDDERS: A draft copy of the Official Statement for dissemination among respective bidders was presented to the Members. Mr. Austin stated that the name of his company is A. M. Austin Company, not A & M Tire as noted on the Official Statement. Mr. Ouinn stated that this will be changed. The Members noted that the Official Statement makes reference to the Chairman of the Agency as A. M. Austin. After discussion, it was determined that this correction would be made by flyer. After further discussion, the following resolution was introduced: RESOLUTION N0. 2353 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE OFFICIAL STATEMENT RELATIVE TO TAX ALLOCATION BONDS TO BE ISSUED FOR THE CENTRAL CITY PROJECT N0. 1, AND AUTHORIZING ITS DISSEMINATION TO PROSPECTIVE BIDDERS 1707 WHEREAS, by Resolution No. 2351, the Redevelopment Agency authorized the sale of Tax Allocation Bonds in the principal amount of $13,500,000 for the purpose of furthering its Redevelopment Plan for Central City Project No. 1; and WHEREAS, J. R. Nanvitz and Co., Agency Financial Consultants, have prepared an Official Statement relative to the $73,500,000 Tax Allocation Bonds issue; and WHEREAS, the Agency Board has reviewed said Official Statement, in draft form, and has made necessary corrections, additions, and deletions so as to reflect the official status of the Agency and its relations with Federal, State, County, and City Agencies; NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby approve the Official Statement relative to the Bonds to be issued for the Central City Project No. 1, Calif. R-79, and does hereby authorize its dissemination to prospective bidders on the forthcoming bond sale. Motion was made by Wein and seconded by Austin authorizing the adoption of Resolution No. 2353. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, Gutierrez and Webster Noes: None Abstention: None Absent: None REVIEW OF BIDS, UNIT N0. 2-A, CALIF. R-79: Mr. Quinn stated that bids were opened at 10:00 a.m. this morning for the rais- ing of the Penney Company roof. The contract documents call for a basic bid, and an alternate bid, in case any conflict occurs regarding other contractors working in the area. Mr. Quinn read the bids as follows: Name Base Bid Alternate J. D. Diffenbaugh $754,523 $15,500 Cal Construction Co. 157,947 none J. Putnam Hench 151,387 4,000 James Powers 186,000 12,000 Maveric Construction 157,560 none Ernest Hahn 152,470 none L. P. Scherer 165,357 none Mr. Wein asked what other contractor would be working in the area, who might cause a possible interference. Mr. Quinn stated that Ernest Hahn will be working in the area. Mr. Wein stated that J. Putnam Henck's bid quoted an alternate of $4,000 and his base bid is $151,387 - the contract could actually run to $155,387. Ernest Hahn's bid of $152,470 with no alternate is the lowest positive bid. The Members asked Mr. Varner if it is legal for the Agency to accept the bid of Hahn, based on his bid being the lowest possible bid. Mr. Varner stated that he could see no legal problem. After discussion, the following resolution was introduced: - ., y -, 17os RESOLUTION N0. 2354 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZINf, THE CHAIRMAN AND SEC- RETARY TO ENTER INTO CONTRACT WITH ERNEST W. HAHN, INC. FOR SITE PREPARATION UNIT N0. 2-A, CALIF. R-79, CENTRAL CITY PROJECT N0. 1, CENTRAL CITY MALL 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 Housinq Act of 1949, as amended and pursuant to that Con- tract, the Agency is undertaking certain activities necessary for the execution of the Central City Project No. 1, Calif. R-79; and WHEREAS, the Agency invited competitive sealed bids for the construction of the Central Mall Revision, (raising of Penney Company roof), Site Preparation Unit No. 2-A, Calif. R-79 in accordance with the Contract documents furnished all bidders; and WHEREAS, an Invitation for Bids therefore was duly published in the San Bernardino Sun Telegram a newspaper of general circulation on December 18, and December 24, 1970 and an Affidavit showing such publications are on file in this Agency; and 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 submitted by Ernest W. Hahn, Inc., in the amount of One Hundred Fifty Two Thousand, Four Hundred Seventy and no/100 Dollars, ($152,470.00); and WHEREAS, the Redevelopment Agency of the City of San Bernardino has accepted the bid of Ernest W. Hahn, Inc. 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 Housinq and Urban Development, the bid of Ernest W. Hahn, Inc., in the amount of $152,470.00 be hereby accepted and the Chairman and Secretary be authorized to execute the Contract for Site Preparation Unit No. 2-A, Central City Project No. 1, Calif. R-79 on behalf of the Agency. Adopted: 1-21-71 Motion was made by Wein and seconded by Austin authorizing the adoption of Resolution No. 2354. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, Gutierrez and Webster Noes: None Abstention: None Absent: None Mr. Varner stated that he has reviewed the bids, and all are in order. WIDENING OF FOURTH STREET, ELIMINATION OF GABRIEL BASEMENT: Mr. Webster stated that it has been requested that this item be tabled until the next Regular Meeting, to be held February 4, 1971. Mr. Varner stated that he will have a report on this item at that meeting. 1709 CENTRAL CITY COMPANY EXCAVATION: Mr. Quinn stated that Mr. Jim Alderson of Central City Company has advised the Agency that the pads for the stores that are to be constructed are not at their required elevation. The REA requires the Agency to have the area graded to the proper elevation. Mr. Quinn explained that this improper elevation occurred because of the rains in 69-70, whereby the City was instructed by the Agency to cut a V ditch and push dirt up against the Mall to keep the water out. Mr. Alderson informed the Agency by letter that approximately 1,845 cu. yds. would have to be removed at $3.00 per yd., fora total cost of $5,600. Upon review with Arrowhead Engineering the price per yd. was lowered to $1.50, fora total cost of $1,740. Mr. Quinn stated that due to Central City's desire to start the work, they have started excavation knowing that they are doing so at their own risk, and have stated that they will abide by the yardage and cost estimates of Arrowhead Engineering and/or the low bid. The Agency contacted two contractors for estimates - as follows: Presco Building Triangle Construction Central City Co. Mr. Quinn stated that it i in the amount of $1,740, a requested that the Agency issuing the check for this be done. 1.60 per yd. 1,940 (lump sum bid) 2,200 1.50 per yd. 1,740 s his recommendation to reimburse Central City Co. s estimated by Arrowhead Engineering. Mr. Wein receive a release from Central City Company before reimbursement. Mr. Quinn stated that this will After further discussion, the following resolution was introduced: RESOLUTION N0. 2355 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO AGREEMENT WITH THE CENTRAL CITY COMPANY FOR GRAD- ING, CENTRAL CITY PROJECT N0. 7, 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, it has become known to this Agency that the pads for the satellite stores that will be constructed adjacent to the Mall Structure are not at the required elevation of 1045.1; and t7lo WHEREAS, according to the R.E.A. Report, this Agency is required to have said area graded to an elevation of 1045.1; and WHEREAS, said grading will require excavation of 1160 cubic yards to get back to required 1045.1 elevation; and WHEREAS, this Agency solicited proposals from three firms for their estimate for said work; and WHEREAS, the proposal of Central City Company in the amount of $1,740 was deemed the most desirable proposal; and WHEREAS, said work will in actuality be performed by Ernest W. Hahn, Inc; and WHEREAS, this Agency will pay the sum of $1,740 directly to the Central City Company who will in turn pay directly to E. W. Hahn for performance of said work; NOW, THEREFORE, BE IT RESOLVED that the Chairman and Secretary be hereby authorized to enter into Agreement with the Central City Company for grading, Central City Mall, Central City Project No. 1 for a sum not to exceed $1,740.00, on behalf of the Agency. Adopted: 1-21-71 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2355. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Austin and Webster Noes: None Abstention: None Absent: None CHANGE ORDER - SEWER INSTALLATIONS: Mr. Ouinn explained that during construction of the sewer line in Sierra Way between Kinq and 725' south of the center line of Rialto, the Contractor had to stop work due to interferring utility lines crossing at the same grade as the proposed sewer line. The design engineer of the sewer system was contacted and in order to clear utility lines, a siphon system will be designed. The line will require one additional brick manhole and relocation of the existing manhole to the north side of Riatto Avenue, the removal of 12' of steel caseing and the jacking in of a new steel caseing at a different angle, and tunneling the balance to clear the gas main and telephone conduit, and the installation of two 6" sewer lines between the new stationed manholes. Riverside Construction Company has agreed to perform said additional work on a time and material basis at a cost not to exceed $4,527.55. After further discussion and careful review, the following resolution was introduced: 1711 RESOLUTION N0. 2356 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER N0. 1, SITE PREPARATION UNIT N0. 70, R-10 WHEREAS, the Agency has under date of October 24, 7958 entered into a Con- tract for Loan and Capital Grant with the United States of American pro- viding 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, Calif. R-10; and WHEREAS, during construction of sewer line in Sierra Way between King Street and 125' south of the center line of Rialto, the Contractor had to stop work due to interfering utility lines crossing at the same grade as the proposed sewer line; and WHEREAS, two utility lines were found to be at the same elevation of the sewer line, i.e., one 16 high pressure gas line and one bank of telephone conduit lines. All lines are located between the railroad tracks and the south side of Rialto intersection; and WHEREAS, the design engineer of the sewer system was contacted and in order to clear utility lines, a siphon system will be designed. Said line will require one additional brick manhole and relocation of the existing manhole to the north side of Rialto Avenue, removal of 12' of steel case- ings and jack in new steel caseings at a different angle and tunnel the balance to clear the gas main and telephone conduit, install two 6" sewer lines between the new stationed manholes; and WHEREAS, Riverside Construction Co. has agreed to perform said additional work on a time and material basis at a cost not to exceed $4,527.55. NOW, THEREFORE BE IT RESOLVED by the San Bernardino, California, that the authorized to enter into Change Order amount of $4,527.55. Adopted: 1-21-71 Redevelopment Agency of the City of Chairman and Secretary be hereby No. 1 at a cost not to exceed the Motion was made by Austin and seconded by Gutierrez authorizing the adoption of Resolution No. 2356, authorizing a Change Order to Riverside Construction's Contract, on a time and material basis, not to exceed $4,527.55. The motion was carried by the fallowing vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: None REMOVAL OF UNDERGROUND OBSTRUCTION - HARRIS C0: Mr. Quinn explained that during the excavation of the Harris Co. basement for their new structure, a concrete footing was found to be existing along the west side of the Harris Co. The footing extends down 16 feet below grade level and extends 75 feet from the northwest corner of Harris Co. ~~ ~y 1712 At the time of the demolition of Block 21, Parcel 2, by A. S. Hubbs, the Agency was unaware that this wall existed, and the foundation was assumed to be only 2 feet below the surface. It was decided at that time by the former Chairman, Warner W. Hodgdon, to remove this footing at a later date, due to the emergency of getting this area paved and back in operating for parking. The Members determined that it is the responsibility of the Agency to remove this foot- ing. The cost to remove this footing was estimated by Diffenbaugh anywhere between $3,000 to $9,000 due to the many unknown conditions. Harry Press stated that he would remove the footing for $2,470, but suggested that due to said unknown conditions, he will perform the work on a time and material basis, not to exceed the stated amount. After further review, and discussion, the following resolution was introduced: RESOLUTION N0. 2357 RESOLUTION AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO AGREEMENT WITH PRESCO BUILDING MATERIALS, FOR THE REMOVAL OF FOOTING, HARRIS COMPANY BASEMENT, 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 Con- tract, the Agency is undertaking certain activities necessary for the execution of the Central City Project, Calif. R-79; and WHEREAS, during excavation of the Harris Company basement for their new structure, a concrete footing was found to be existing along the west side of Harris Company. Said footing extended down 16 feet below grade level and extended 75 feet from the northwest corner of Harris Company to the South; and WHEREAS, it is now necessary to remove said footing; and WHEREAS, this Agency solicited proposals from two firms for said work; and WHEREAS, the proposal of Presco Building Materials on a time and material basis with a not to exceed sum of $2,470.00 is deemed the most advisable for this Agency to accept. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be authorized to enter into Agreement with Presco Building Materials for a sum not to exceed $2,470.00 on a "time and material basis" on behalf of said Agency. Adopted: 1-21-71 Motion was made by Austin and seconded by Gutierrez authorizing the adoption of Resolution No. 2357 authorizing the agreement with Presco Building Materials, on a time and material basis, not to exceed $2,470. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: None 1713 OTHER BUSINESS: Mr. Wein introduced the following resolution: RESOLUTION N0. 2358 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HONORING AND EXPRESSING THANKS TO MR. A. M. AUSTIN, CHAIRMAN WHEREAS, Mr. A. M. Austin was appointed to the Redevelopment Agency of the City of San Bernardino, California, on March 7, 7967; and WHEREAS, Mr. A. M. Austin, by unanimous vote of his fellow Board Members, was elected to the position of Chairman of the Redevelopment Agency of the City of San Bernardino on April 18, 7969, which position he held until January 21 , 1971 ; and WHEREAS, during the tenure of Mr. A. M. Austin as Chairman, vast and dramatic changes, influencing the revitalization and growth of the City of San Ber- nardino occurred; and WHEREAS, Mr. A. M. Austin during his term of office as Chairman, was intimately and directly involved in many of the negotiations which culminated in bringing new developers into the Central City Project Area; and WHEREAS, the increased interest and investment by developers has made the Central City Project a model project which has received nation-wide recog- nition; and WHEREAS, the recognition which the City of San Bernardino received through its Urban Renewal Projects greatly influenced the sale of $13,500,000 tax allocation bonds, thereby enabling the City and the Agency to meet its local share of the Project. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby commend and honor Mr. A. M. Austin for his untiring efforts and dedication to the precepts of Urban Renewal for the betterment of all citizens of the City of San Bernardino. Adopted: 1-21-71 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2358. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, and Webster Noes: None Abstention: Austin Absent: None ADJOURNMENT: Motion was made by Austin and seconded by Gutierrez to adjourn the meeting at 5:40 p.m. The motion was carried by the following vote, to wit: Ayes: Austin, `~" Gutierrez, Wein and Webster Noes: None Abstention: None Absent:~None Executi~i rector 1714 h1INUTES OF THE SPECIAL h1EETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 2ND DAY OF FEBRUARY, 1971, 320 NORTH "E" STREET, ROOM 403, SAN BERNARDINO, CALIFORNIA, 11:00 A.M. The Chairman reported that this Special Meeting is being held pursuant to a duly posted Notice of Special Meeting. Said Notice is as follows: 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 Lhe Members of the Redevelopment Agency of the City of San Bernardino, California, will be held at 71:00 a.m., February 2, 1971, 320 North "E" Street, Room 403, San Bernardino, California, the Regular Meeting place thereof, for the following purpose: For the receipt of bids on .$13,500,000 bonds of the Redevelopment Agency of the City of San Bernardino, California. DATED this 27th day of January, 1971. 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 27th day of January, 1971, 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. s/P. W. Quinn, Jr. jinn, Jr. Secretary The Chairman called the meeting to order at 11:00 a.m. Roll Call showed the following: Agency Members Present: Austin, Wein, Agency Members Absent: None Also Present: h1r. Quinn, Executive Di Mr. Varner would be here presently. The Chairman reported that this is the for the Agency's $13,500,000 bonds for asked if any bids have been received. Gutierrez and Webster ^ector. Mr. Quinn reported that time and place for the receipt of bids the Central City Project. Mr. Webster Mr. Quinn stated that only one bid was 1715 received, namely, the bid from duPont, Glore Forgan Municipals, Inc. Mr. Quinn announced that no other bids were received. The bid of duPont, Glore Forgan Municipals, Inc. was presented to the members. 17:15 a.m. - Mr. Varner and Mr. Narwitz arrived at the meeting. The Chairman called on Mr. Narwitz, the Agency's financial consultant, for a report. Mr. Narwitz stated that they fully expected other bids to be received on this issue. He stated that the Notice Inviting Bids was sent to over 450 prospective bidders, and that he felt that enough time was allocated for the advertising of the sale. Mr. Wein asked Mr. Narwitz if the bond issue was financially feasible. Dlr. Narwitz stated that it is financially feasible, and recommended that the Agency accept the offer. Mr. Varner stated that the bid of duPont, Glore Forgan Municipals, Inc. was a legal bid and asked that it be reviewed carefully by the members. Mr. Webster reviewed the bid with the members: 1. The bonds are in the face amount of $13,500,000. 2. The bonds shall bear interest at a rate of 7% per annum. 3. The bonds shall bear a discount of 5%. 4. The bonds are subject to the terms and conditions set forth in the Official Statement. P4r. Narwitz stated that $275,000.00 deposit was being forwarded and recom- mended that the Agency accept this bid. After discussion, the following resolution was introduced: RESOLUTION NO. 2359 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AWARDING $13,500,000 BONDS OF SAID AGENCY TO THE BEST BIDDER AND REJECTING ALL OTHERS WHEREAS, at the time and place fixed for the opening of bids for the $13,500,000 bonds of the Redevelopment Agency of the City of San Ber- nardino, California, designated "Central City Project No. 1 Tax Allocation Bonds, Issue of 7971," and numbered 1 to 2700, inclusive, all bids were publicly opened, examined and read, and a tabulation thereof has been entered in the minutes; and WHEREAS, the bid of the bidder hereinafter named is the best bid made by a responsible bidder for said bonds: NOW, THEREFORE, the Redevelopment Agency of the City of San Bernardino, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: 1716 Section 1. The bid of duPont, Glore Forgan tiunicipals, Incorporated offering: X12,825,000 (Purchase Price) and accrued interest to date of delivery for said bonds to bear interest payable semiannually at tl~e rates of: Rates Years 1971 to 1996 19 to 79 19 to 19 % 19 to 19 19_ to 19_ is the bid far said bands yielding the lowest net interest cost. Said bid is hereby accepted and the bonds awarded to said best bidder in accordance with the terms of the proposal. Section 2. A71 bids other than the one accepted in Section 1 hereof are rejected and the Secretary is directed to return the checks accompanying said rejected bids to the respective bidders. Section 3. The interest rates on said bonds are hereby fixed at the rates stated in Section 1 hereof. Section 4. The Treasurer of the Agency is hereby directed to deliver said bonds to the successful bidder upon payment therefor and of accrued interest, if any, to date of delivery. The Treasurer is further directed, upon receipt of such payment, to set aside a portion thereof sufficient to discharge those certain notes of the Agency designated "Central City Project No. 1 Negotiable Promissory Notes, 1970," so that such notes shall no longer be outstanding within the meaning of the resolution adopted by this Agency on July 20, 1970, providing for their issuance. ADOPTED AND APPROVED this 2nd day of February 1971. Chairman of t e Redevelopment Agency of the City of San [3ernardi no E. G. Webster (SEAL) Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution tJO. 2359. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Austin and Webster Noes: None Abstention: None Absent: None ............... . 1717 The Chairman directed that a copy of the bid and the Official Statement be attached to the minutes of this meeting. Mayor Ballard stated that he believes that this is the best deal the Agency could have received. All members expressed their gratitude for the bid received. f1r. Varner pointed out that Resolutions fVo. 2251, 2252, and 2253, adopted at the last meeting, should be numbered 2351, 2352, and 2353. The numbers were clerically wrong in the minutes of January 21, 1971 and should be corrected. The Chairman directed the Secretary to correct this ernor. ADJOURNMENT: Plotion was made by Wein and seconded by Gutierrez adjourning the meeting. The motion was carried by the following vote, to wit: Ayes: 4Jein, Gutierrez and Webster Noes: None Abstention: None Absent: Austin i ~ ~~~ ~ ~~ P'GJ-Quinn, . ~ Executive Direc , i 171'. PIINUTES OF TfiE REGULAR f4EETING OF THE REGEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 4th DAY OF FEDRUARY, 1971, 320 fIORTH "E" STREET, R0011 403, S<~N BEP,NARDIf10, CALIFORNIA The Chairman called the meeting to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: 4lebster, Wein and Austin Agency f4embers Absent: Gutierrez Also Present: Mr. Quinn, Executive Director; P1r. Varner, Agency Counsel; and f1rs. Baxter, Executive Secretary f•1INUTES: The t•1inutes of the Regular Meeting of January 21, 1971 orere submitted for approval. fiotion was made by Austin and seconded by Wein approving the fdinutes of January 21, 1971 as submitted. The motion was carried by the following vote, to wit: Ayes: Austin, Wein and Webster Noes: None Abstention: None Absent: Gutierrez REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. WIDENING OF FOURTH STREET - GABRIEL BASEMENT: Mr. Varner stated that he has investigated the matter and there is no question that the Gabriels have a legal right to the basement, which is being leased to Crocker Citizens Bank. The Gabriels have agreed that they will waive their right for compensation, if the Agency will sign an agreement to hold them harm- less in the event of any damages. M11r. Varner recommended that a resolution be adopted authorizing the Agency and/or the City to pick up whatever costs are involved for the reconstruction of Fourth Street from "D" to "E" with the elimination of the Gabriel Basement; and that an Agreement be entered into between the Agency, the Gabriels and Crocker Citizens National Bank, wherein the Gabriels waive their right for compensation for the basement, and the Agency agree to hold them harmless in the event of any damages. After further discussion, the following resolution was introduced: RESOLUTION N0. 2360 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE WIDENING OF FOURTH STREET, FROM "D" TO "E", AND THE ELIMINATION OF THE GABRIEL BASEMENT: AND FURTHER AUTHORIZING THE EXECUTION OF A HOLD-HARMLESS AGREEMENT BETWEEN THE AGENCY, THE GABRIELS, AND CROCKER CITIZENS NATIONAL BANK 1719 WHEREAS, the City of San Bernardino has requested that the Redevelopment Agency of the City of San Bernardino, widen Fourth Street, between "E" and "D" Streets; and WHEREAS, the Redevelopment Agency, upon careful consideration, has determined that said request is warranted and for the betterment of the City of San Bernardino; and WHEREAS, in order to reconstruct and widen Fourth Street, the elimination of the Gabriel Basement is necessary. Said basement extends to the south curb line along Fourth Street, east of "E" Street and along the east curb line of "E" Street south of Fourth Street; and WHEREAS, said Gabriel Basement is being leased by Crocker Citizens National Bank; and WHEREAS, the Gabriels have agreed to waive any and all claims for compensation for this basement by the Redevelopment Agency, upon receipt of a hold-harmless agreement between the Agency, the Gabriels, and Crocker Citizens National Bank, holding the owner and lessee harmless in the event of arty damages which might occur. NOW, THEREFORE, Be it resolved by the Redevelopment Agency df the City of San Bernardino, California, that the widening of Fourth Street, between "D" and "E", and the elimination and sealing off of the Gabriel Basement is hereby authorized; BE IT FURTHER RESOLVED that the Chairman and Secretary are authorized to execute a Hold-Harmless Agreement, holding the Gabriels and Crocker Citizens National Bank harmless in the event of any damages which might occur in the elimination of said basement. Adopted: 2-4-71 Motion was made by Austin and seconded by Wein authorizing the adoption of Resolution No. 2360. The motion was carried by the following vote, to wit: Ayes: Austin, Wein and Webster Noes: None Abstention: None Absent: Gutierrez The Members discussed the costs involved in the widening of 4th Street. Mr. Quinn explained that the portion of the area at the corner of 4th and "E" is an eligible cost - the remainder of the area is an ineligible cost, and will be paid from the Agency's contingency fund. Additional work will be necessary on the Traffic Signalization design, and on the design and testing for the elimination of the Gabriel Basement. The estimated cost for the Traffic Signalization design is $750.00. The design and testing for the Gabriel Basement is estimated at $4,251. Garner, Tee Tracadas and Troy is the contractor for traffic signalization; and Arrowhead Engineering the Contractor for the design and testing. After further discussion, the following resolution was introduced: nzo RESOLUTION N0. 2361 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO CONTRACT AMENDMENT NO. FIVE WITH GARNER, TEE, TRACADAS AND TROY AND CONTRACT AMENDMENT NO. THREE WITH ARROWHEAD ENGINEERING CORPORATION FOR THE FOURTH STREET WIDENIPJG MODIFICATIONS, CENTRAL CITY PROJECT N0. 7, CALIFORNIA R-79 WfIEREAS, the Redevelopment Agency of the City of San Bernardino, Callifornia entered into Contract with Arrowhead Engineering Corporation for Site Improve- ments, Central City Project No. 1, dated June 2, 1970 and Amendment No. 1 dated October 5, 1970, and Amendment No. 2 dated October 6, 1970; and WHEREAS, the Redevelopment Agency of the City of San Bernardino, entered into Contract with Garner, Tee, Tracadas and Troy, for Site Improvement, Central City Project No. 1, Uated June 29, 1967, and Amendment No. 1 dated t1ay 17, 1968, Amendment No. 2 dated October 21, 1968, Amendment No. 3 dated January 31, 1969, Amendment No. 4 dated January 18, 1971; and WHEREAS, the City of San Bernardino, California has requested that Fourth Street be widened between "E" Street and Arrowhead Avenue; and WHEREAS, the Redevelopment Agency of the City of San Bernardino, California will only widen Fourth Street between "E" Street and "D" Street; and WHEREAS, certain additional modification must be accomplished to include relocat- ing the traffic signal at Fourth Street and Arrowhead to conform to the now existing curb radius; and WHEREAS, the Agency desires to increase the services of Garner, Tee, Tracadas and Troy to include the traffic signal modification at Fourth and Arrowhead in the amount not to exceed 5750.00. NOIJ, 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. 5 with Garner, Tee, Tracadas and Troy for addi- tional services to relocate the traffic signal at Fourth and Arrowhead to conform to the existing curb radius not to exceed the amount of 5750.00. The Contract limit is now $51,711.00. WHEREAS, the basements of the Crocker Citizens Bank extends to the existing south curb line along Fourth Street, east of "E" Street, and along the east curb line on "E" Street south of Fourth Street and will require engineering design to seal off the basements to the new proposed street right-of-ways; and WFJEREAS, the Agency desires to increase the services of Arrowhead Engineering Corporation to include the engineering design to seat off the basement of the Crocker Citizens Bank to the new proposed street right-of-way. 1721 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. 3 with Arrowhead Engineering Corporation for the engineering design to seal off the basements to the Crocker Citizens Bank to the new proposed street right-of-way for the total sum not to exceed 54,251.00. The Contract limit is now $12,666.00. BE IT FURTHER RESOLVED that the Secretary is hereby directed, on behalf of the Agency, to advertise for bids for said reconstruction of Fourth Street, as well as, the removal and sealing off of the Gabriel Basement. Adopted: 2-4-71 Plotion was made by Austin and seconded by Wein authorizing the adoption of Resolution fdo. 2361. The motion was carried by the following vote, to wit: ryes: Austin, Wein, and Webster floes: None Abstention: None Absent: Gutierrez CGNTRACT Af~iENDhIENT - CHJ f~1ATERIAL LAB: f1r. Quinn requested authorization to increase the upset figure on CHJ's contract to include Testing Services for the raising of the Penney Co. roof. They will complete this work for 1% of the construction cost - or not to exceed $1,524.70. The services needed on this portion of the mall were discussed. After consideration, the following resolution was introduced: RESOLUTION N0. 2362 RESOLUTIOfJ OF THE REDEVELOPf1EPIT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING AMENDP1ENT NO. 2 TO CONTRACT FOR PIATERIAL TESTIPJG SERVICES, C H J MATERIALS LABORATORY, CALIF. R-79 CENTRAL CITY PROJECT N0. 1, CENTRAL CITY f1ALL WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into a contract with CHJ Materials Laboratory for Material Testing Services in connection with the construction of the Central City Mall under Contract dated July 29, 1969; and WHEREAS, during the course of construction of the Mall, certain changes in the construction have been approved by the Redevelopment Agency Board; and WHEREAS, the Contractor, CHJ Materials Laboratory based their fee for Material Testing on 1 percent of the Total Contract Price; and WHEREAS, it is in the best interest of the Agency to continue with the present Materials Testing~Laboratory; and NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino that the Chairman and Secretary are hereby authorized to execute Contract Amendment No. 2 with CHJ Materials Laboratory for an additional fee not to exceed $7,524.70. Total revised contract limit shall now be $31,132.70. Adopted: 2-4-71 17zz Motion was made by Austin and seconded by Wein authorizing the adoption of Resolution No. 2362. The motion was carried by the following vote, to wit: Ayes: Austin, Wein and Webster Noes: None Abstention: None Absent: Gutierrez CONTRACT AMENDMENT - KRUEPER ENGINEERING Mr. Quinn requested authorization to enter into Contract Amendment No. 3 with Krueper Engineering in order to compensate for additional work items and exten- sions of time for construction on the "E" Street Court and Penney roof modi- fication. A cost breakdown was submitted reflecting a total amendment not to exceed $6,680. After discussion, the following resolution was introduced: RESOLUTION N0. 2363 RESOLUTION OF TILE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT N0. 3 FOR RESIDENT CONSTRUCTION SUPERVISION INSPECTION SERVICES, CENTRAL CITY PROJECT N0. 1, KP.UEPER ENGINEERING AND ASSOCIATES, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into a Contract with Krueper Engineering and Associates for Resident Construction Supervision, Inspection Services, for the construction of the Central City Mall, Unit No. 2 under Contract dated July 31, 1969, and Contract Amendment No. 1 dated June 24, 1970 and Contract Amendment No. 2 dated October 16, 1970; and WHEREAS, in order to compensate for the additional work items and extension of time for the construction of the Central City Mall Revisions Unit No. 2A; and WHEREAS, in order to compensate for the additional work items and extension of time for the construction of the E Street Court, it has become necessary to enter into Contract Amendment No. 3; and WHEREAS, it is in the best interest of this 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. 3 with Krueper Engineering and Associates for Resident Inspection Services, Central City Mall for an additional fee not to exceed $6,680.00, revised contract limit not to exceed X48,888.00. Adopted: February 4, 1977 Motion was made by Wein and seconded by Austin authorizing the adoption of Resolution No. 2363. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, and Webster Noes: None Abstention: None Absent: Gutierrez 1723 PURCHASE OF RECEPTACLES: Board approval was requested on the purchase of trash receptacles and sand urns for the use in the West Court of the Mall. This area is scheduled to be used for public occasions until the stores around the mall are occupied; therefore, the receptacles are needed. The mall specifications, prepared by Gruen Associates specify a specific type of receptacle which are believed to only be manufactured by Architectural Pottery/Architectural Fiberglass Co. of Los Angeles. Their breakdown is as follows: Receptacles & Liners 51,352.00 Five Percent Tax 67.60 51,4 9.60 The P1embers determined that the item should be tabled until tfie staff can explore and seek other firms who might manufacture these specified receptacles. Motion was made by Austin and seconded by 4Jein to table the matter of recep- tacles for the West Court until the next board meeting. The motion was carried by the following vote, to wit: Ayes: Austin, Wein and 4lebster Ploes: None Abstention: None Absent: Gutierrez AUTHORIZATION FOR NOTICE OF PREPAYMENT: I•ir. Varner stated that he, hir. Quinn, h1r. fJarwitz and O'P1elveny and flyers have reviewed the investment ratings being offered at this time, and based upon the figures furnished, he would recommend that the Agency call their notes, and pay the 1% callable fee. In order to do this we have to give notice by February 10, 1971. Mr. Varner further stated that he spoke to duPont regarding the 513,500,000 tax allocation bonds, and they should be delivered February 16, 1971. Mr. Varner stated, that if the Board concurs in his recommendation, that a resolution be adopted authorizing the execution of a Notice of Prepayment and instructing the Secretary to mail said Notice to Puller and Schroeder. After further discussion, the following resolution was introduced: RESOLUTION N0. 2364 RESOLUTION OF THE REDEVELOPP1ENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A NOTICE OF PREPAYMENT AND INSTRUCTING THE SECRETARY TO t4AIL SAID NOTICE TO PULLER AND SCHROEDER, PRINCIPAL PUR- ~ CHASERS WHEREAS, by Agency Resolution No. 2251, the Agency authorized the issuance of 510,500,000 Negotiable Promissory Notes to finance a portion of the cost of the Central City Project, Calif. R-79; and 1724 WHEREAS, by Section 7, of Resolution Plo. 2251, the Agency reserved the right to prepay all or any part of the 510,500,000 Promissory Notes on February 15, 1971; and WHEREAS, Resolution PJo. 2251, stated 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 prepayment right; and 4lHEREAS, Resolution No. 2251 required a prepayment premium equal to 1% of the principal amount of the Promissory Plotes; and WHEREAS, it is now considered to be in the best interest of the Redevelopment Agency to issue a call for its Promissory Notes on February 15, 1971; NOW, THEREFORE, QE IT RESOLVED, that the Redevelopment Agency does decide and decree that its $10,500,000 Promissory Note of 1970 be called and the Secretary be directed to notify R1iller and Schroeder, principal purchasers of the note, in writing no later than five (5) days prior to February 15, 1971 that said notes are to be called and the Agency will pay to present owners of record the par value of the notes, plus six-months interest at 7% and a prepayment premium of L`~. Adopted: 2-4-71 P1otion was made by Wein and seconded by Austin authorizing the adoption of Resolution No. 2364. The motion was carried by the following vote, to wit: F,yes: Wein, Austin and Webster Noes: None Abstention: PJone Absent: Gutierrez ADJOURNMENT: Iiotion was made by Austin and seconded by t9ein to adjourn the meeting at 4:45 p.m. The motion was carried by the fallowing vote, to wit: Ayes: Austin, Wein and Webster IJoes: None Abstention: None Absent: Gutierrez P. .Quinn, Or Executive Dir for ~ 1725 f4INUTES OF THE REGULAR PIEETING OP THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 18TH DAY OF FEBRUARY, 1971, 320 NOP,TH "E" STREET, ROOh1 403, SAN 6ERNARDIPJO, CALIFORNIA The Chairman called the meeting to order at 4:00 p.m. Roll Call showed the following: Agency Plembers Present: Austin, Wein and Webster Agency Members Absent: Gutierrez Also Present: h1r. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary fdINUTES: The Minutes of the Special P1eeting of February 2, 1971 were submitted for approval. P1r. Wein stated that on Page 2, under Mr. Narwitz's report, it should be noted that he asked I1r. Norwitz if the bond issue was financially feasible, and that ~1r. fJarwitz stated it was and that the Agency should accept the offer. All P1embers agreed that this should be added to I1r. Narwitz's report. Motion was made by Wein and seconded by Austin approving the Minutes of the Special Meeting of February 2, 1971 as revised. The motion was carried by the follow- ing vote, to wit: Ayes: Austin, Wein and Webster Noes: fJone Abstention: None Absent: Gutierrez. The Minutes of the Regular Meeting of February 4, 1971 were submitted for approval. Motion was made by Austin and seconded by Wein approving the f4inutes of February 4, 1971 as submitted. The motion was carried by the following vote, to wit: Ayes: Austin, Wein and Webster Noes: None Abstention: None Absent: Gutierrez The P1embers asked fdr. Varner if the Agreement with the Gabriels regarding their basement has been executed. Mr. Varner stated that the form has been approved by the Gabriels, but the document has not yet teen finally prepared. hir. Austin asked if the bonds have been received. h1r. Quinn stated they have. h1r. Varner stated that the bond transactions have been completed and we have received our funds. The $1C,500,000 promissory note has been paid off. hir. Quinn stated that on Tuesday, February 16, 1971, he and flr. White, Finance Officer, meet with Jeffries Bank flote Co. in Los Angeles to complete the bond transaction. The bonds v.~ere signed. fir. 6eaumont was present, representing duPont; Plr. Jackson, representing J. R. idarm~itz, and 11rs. Thompson, repre- senting the bank of America, Trust Office. Mrs. Thompson set up the special fund for the issue. Sarah Angevine, Trust Officer of the Bank of California handled the pay-off of the X10,500,000 notes. The balance of the funds were transfered through banking channels and have been invested already. P1r. Varner stated that O'Melveny and Myers were supplied with all the necessary documentation, and upon reviewing the matter thoroughly have submitted to the Agency their Legal Opinion. t7zG fir. Quinn reviewed with the Members the pay-off of the $10,500,000 note, the penalty paid, and the remaining funds. P1r. Webster stated that the total cash on hand and invested after the transaction is approximately $10,000,000. TIf~1E EXTENSION, DONOVAN CONSTRUCTION COP1PANY, UNIT 14 & 15, PARKING STRUCTURES: A request was presented from Donovan Construction Company requesting a time extension to his Parking Structure contract of 39 days, due to the teamsters strike and inclement weather. Mr. Quinn stated that the penalty to Donavan for overrunning his contract completion date is $750 per day. f1r. Quinn explained that this item has been held for consideration for some time in order that the Agency could coordinate with the City of San Bernardino re- garding their policy for time extensions. The City's specifications provide for extensions for unusually bad weather based on so many working days. Our specifications provide for calendar days. Mr. Krueger, Inspector, stated that the days requested are warranted. Mr. Quinn stated that he checked with Jerry Winstead on the Agency's consistency with the City regarding this time extension, and the time extension of Burke Construction which follows on the Agenda. Mr. Winstead stated that the extensions are consistent. After further discussion, the following resolution was introduced: RESOLUTION N0. 2365 RESOLUTION OF THE REDEVELOPP1ENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO CHANGE ORDER N0. 2 FOR SITE PREP UNIT NO. 15 AND CHANGE ORDER PJO. 3 FOR SITE PREP UNIT N0. 14, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, Donovan Construction Company has requested a time extension of their Contract due to 39 days of inclement weather and/or Change Order No. 1 dated December 23, 1970 and the Teamster's Strike; and WHEREAS, it is the opinion of this Agency that a time extension be granted to the Contractor for 39 days. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that a time extension of 39 days be granted to Donovan Construction Company for Site Preparation Unit 14 and 15, Calif. R-79 and the Secretary and Chairman be authorized to enter Change Order PJo. 3 for Site Preparation Unit 14 and Change Order No. 2 on Site Preparation Unit 15, Central City Project No. 1. Said Contract will now expire on January 8, 1972. Adopted: February 18, 1971 Motion was made by Austin and seconded by Wein authorizing the adoption of Resolution No. 2365. The motion was carried by the following vote to wit: Ayes: Austin, Wein and Webster Noes: None Abstention: None Absent: Gutierrez t7z7 TIME EXTENSION, BURKE CONSTRUCTION, UNIT 12, PHASE II, PUBLIC AREA: A request was presented from Burke Construction Co. for a time extension to his public area contract of 43 calendar days. P1r. Krueger stated that this request was warranted. After further discussion, the following resolution was introduced: RESOLUTION N0. 2366 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING CHANGE ORDER N0. 1, UNIT 12, PHASE II, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WITH W. J. BURKE CONSTRUCTION COMPANY WHEREAS, the W. J. Burke Construction Company entered into Contract with this Agency on the 22nd day of May, 1970; and WHEREAS, W. J. Burke Construction Company is requesting a time extension of their contract due to the Steel Strike and inclement weather; and WHEREAS, this Agency has authorized the extension of time extending Contract Expiration Date to November 18, 1977. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be authorized to enter into Change Order No. 1 with W. J. Burke Construction Company extending Contract Expiration date till November 18, 1971. Adopted: 2-18-71 Motion was made by Austin and seconded by Wein authorizing the adoption of Resolution No. 2366. The motion was carried by the following vote, to wit: Ayes: Austin, Wein, and Webster Noes: None Abstention: None Absent: Gutierrez REQUEST FOR EXTRA COf4PENSATION, DEh10 UNIT 36, R-79, PRESCO BUILDING MATERIALS: A memorandum was presented from the Operations Department wherein Mr. Press has requested an additional $800 to his contract on Unit No. 36. Due to the delay in the release of the Harris Co. loading dock, h1r. Press was unable to complete the demolition according to the Contract until the loading dock was vacant. On February 2, 1971 Mr. Harris notified the Agency that the loading dock would be available for demolition February 75th. f1r. Press is request- ing this extra compensation due to the 9 month delay of the contract, because of the increase in wages of the Laborers and Teamsters Equipment Operators. Nlr. Quinn stated that the Agency had no formal agreement vrith the Harris Co. regarding the vacation of this loading dock until the REA was executed. He further stated that he checked out this request with HUD. HUD stated that this increase is justified. After further discussion, the following resolution was introduced: 77Z' RESOLUTION N0. 2367 RESOLUTION OF THE REDEVELOPfJEfJT AGENCY OF THE CITY OF SAfJ BERNARDINO, CALIFORNIA, AUTHORIZING THE CIiAIRf4AfJ AND SEC- RETARY TO ENTER ItJTO CONTRACT At4EfJDh?ENT N0. 1 WITH PRESCO BUILDING MATERIALS, UNIT N0. 36, CENTRAL CITY PROJECT PJO. 1, CALIF. R-79 IdHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into Contract with Presco Building t•taterials for Demolition and Site Clearance Unit No. 36, Calif. R-79 dated June 12, 1970, Change Order No. 1 dated July 22, 1970 and Change Order No. 2 dated August 10, 1970; and tJHEREAS, said Contract called for the removal of the Harris Company Loading Dock and other demolition; and WHEREAS, due to the delay in the release of the Loading Dock by the Harris Company, Presco Building Materials was unable to complete the demolition according to the Contract; and WHEREAS, the Loading Dock has now been released some nine months later; and WHEREAS, due to the increase in wages of Laborers and Teamsters Equipment Operators, Presco Building taterials has requested an additional Eight Hundred Dollars to complete said Contract. tJOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be authorized to enter into Contract Amendment No. 1 for an amount not to exceed Eight Hundred Dollars ($800.00) with said work to be completed no later than the 2nd day of March, 7971. Adopted: 2-18-71 P1otion was made by Wein and seconded by Flustin authorizing the adoption of Resolution flo. 2367. The motion was carried by the following vote, to wit: Ayes: Wein, Austin and Webster Noes: None Abstention: IJone Absent: Gutierrez NAHRO ANNUAL CODES WORKSHOP, 3-5-71 Mr. Webster requested authorization for not more than three staff members and any interested board member to attend the NAHRO Annual Codes Workshop, to be held h1arch 5, 1971, at the Hyatt House Hotel. He stated that this workshop would be very beneficial to the staff. After discussion, the following resolution was introduced: RESOLUTIOIJ N0. 2368 RESOLUTIOP OF THE REDEVELOPh1ENT AGENCY OF THE CITY Of SAN BERNARDINO, CALIFORNIA, AUTHORIZING fJ0 f10RE THAN THP,EE STAFF IIEf16EF.S, AND AfJY INTERESTED BOARD MEMBER, TO ATTEND A NAHRO ANItlUAL CODES WORKSHOP, 3-5-71, EDGE4IATER HYATT HOUSE HOTEL •-r~r icc WHEREAS, Pesolution PJO. 2043 of the Redevelopment Agency of the City of San Bernardino, California, requires that each trip made by an Agency flember or Staff Fiember outside of the City of San Bernardino, be specifically authorized by a Resolution of the Agency flembers; and IJHEREAS, it has been found essential for not more than three staff members and any interested board member to attend the N'AHRO Annual Codes Workshop to be held h1arch 5, 1971, at the Edgewater Hyatt House Hotel, between Long Beach and Seal Beach. IJOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency does hereby authorize not more than three staff members, and any interested board member to attend the NAHRO Annual Codes Workshop, and their travel expenses are hereby approved in accor- dance with Resolution No. 2043, as amended. Adopted: 2-18,71 Motion was made by Wein and seconded by Austin authorizing the adoption of Resolution No. 2368. The motion was carried by the following vote to wit: {ryes: Wein, Austin and Webster Noes: None Abstention: None Absent: Gutierrez SPECIAL AWARD - PORTLAND CEPIENT ASSOCIATION: hir. Quinn advised the Members that Portland Cement Association would like to present the Agency with a Special Award at their Annual Award Dinner to be held March 27, 1971 at the Arrowhead Country Club. They have requested the participation of the Agency Board at this dinner. The Mayor will also be invited. Mr. Varner stated that perhaps the h1ayor-Elect would like to attend also. OTHER BUSINESS: Mr. Webster asked Mr. Varner if this would be the appropriate time to make an announcement regarding Operation Breakthrough. Mr. Varner stated that the announcement should be made at the next meeting. P1r. Webster announced that h1ayor-Elect Holcomb has invited all City Department heads and Commissioners to a meeting Wednesday, February 24th, at the Temporary Council Chambers, at 7:30 p. m. to expose his basic philosophy. Mr. Webster presented Mr. Austin with the Agency's Resolution of Commendation and expressed the Agency's sincere gratitude and appreciation. ADJOURMENT: Motion was made by Wein and seconded by Austin adjourning the meeting at 4:50 p.m. The motion was carried by the following vote, to wit: Ayes: Wein, Austin and Webster Noes: None Abstention: None Absent: Gutierrez ~~ - ~ P. W. Quin r. ~ Executi Director ~ / 1730 PiINUTES OF THE REGULAR MEETING OF THE REDEVELOPIdEPJT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, FIELD THE 4TI1 DAY OF MARCH, 1971, 320 NORTH "E" STREET, R0014 403, SAN BERNARDINO, CALIFORNIA The h1eeting was called to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Webster, Austin, Gutierrez, and Wein Agency P1embers Absent: None Also Present: f1r. Quinn, Executive Director; Mr. Varner, Agency Counsel; and ~1rs. Baxter, Executive Secretary P1INUTES: The f4inutes of the Regular Meeting of February 18, 1971 were submitted for approval. h1otion was made by Wein and seconded by Austin approving the h1inutes of the Regular Meeting of February 18, 1971 as submitted. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Austin and Wein Noes: fJOne Abstention: None Absent: None EXPENDITURES: The Expenditures for the month of January, 1971 were submitted for approval. After discussion, motion was made by Gutierrez and seconded by Wein approving the Expenditures for the month of January, 1977 as submitted. The motion was carried by the following vote, to wit: Ayes: Gutierrez, 41ein, 4Jebster, and Austin Noes: None Abstention: (lone Absent: None The InvesGnents for January, 1971 vmre discussed. REPORT OF AGENCY COUiJSEL: tir. Varner stated that he has nothing to report at this time. DEDICATION PLAQUES FOR PARY.ING STP,L'CTURES: i1r. Quinn stated that f1r. White has contacted two firms for a price for manu- facturing two bronze dedication plaques for the parking structures. A price was requested for tvao 3'x4' plaques. Bronze-Art Pacific quoted a price of $1,350 each for the plaques. San Bernardino hionumental's largest single casting is 2'x3', at a price of $410.78 for the first, andr$369.16 for the second. The pattern making for the Agency Logo & City Seal is estimated to be approximately $500. The Plembers determined that the plaques should be purchased from San Bernardino Monumental. A sample format of the plaque was provided all members. The f4embers approved the wording of the format. After further discussion, the following resolution was introduced: 1731 RESOLUTION N0. 2369 RESOLUTION OF THE REDEVELOPPIENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO CONTRACT WITH SAN BERNARDINO P10NUMENTAL COMPANY FOR THE MANUFACTURING OF TWO BRONZE DEDICATION PLAQUES FOR THE PUBLIC PARKING STRUCTURES W1iEREAS, it is the desire of the Redevelopment Agency of the City of San Bernardino, California, to have manufactured and installed two bronze dedication plaques, 2'x3' for the public parking areas; and WHEREAS, bids were solicited for the manufacturing of said plaques, the lowest being received from San Bernardino Plonumental Company, in the amount of X1279.34, plus 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 San Bernardino Plonumental Company for the manufacturing of two 2'x3' bronze dedication plaques for the public parking areas in an amount not to exceed $1279.34 plus tax. Adopted: 3-4-71 Motion was made by Austin and seconded by Wein authorizing the adoption of Resolution No. 2369. The motion was carried by the following vote, to wit: Ayes: Austin, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None SANTA FE FEDERAL SAVINGS & LOAN - CREDIT FOR INSTALLATION OF SIDEWALK: Mr. Quinn explained that Santa Fe Federal Savings & Loan are ready to go to contract for the development of their structure. The Agency is also ready to go to bid for the street improvements - which includes the sidewalk which surrounds Santa Fe's parcel. Santa Fe feels that in order to avoid any damage to the sidewalk during their construction, they should install the sidewalk after all heavy equipment has moved out of the area. They would complete this sidewalk as part of their overall project. Mr. Quinn requested authorization to allow Santa Fe to accomplish this work and reimburse them for same. Mr. Jones stated that the cost for this installa- tion will be known upon receipt of bids for the public improvements. All Members agreed to reimburse Santa Fe for the installation of the sidewalk surrounding their parcel, not to exceed the amount it would cost the Agency to construct said public improvement. The following resolution was introduced: RESOLUTION N0. 2370 RESOLUTION OF THE REDEVELOPf•1ENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING A REIP1BURSEP1ENT TO SANTA FE FEDERAL SAVINGS AND LOAN FOR THE INSTALLATION OF SIDEWALK SURROUNDING THEIR PARCEL, NOT TO EXCEED THE AMOUNT IT WOULD COST THE AGENCY TO CONSTRUCT SAID If4PROVEMENT 1732 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to sell a portion of Reuse 4 and 9 to Santa Fe Federal Savings and Loan; and WHEREAS, the Agency is to widen Court and "D" Streets and install curbs, gutters and sidewalks around said property; and WHEREAS, to avoid any possible damage to the sidewalk during Santa Fe's con- struction phase, they will install the sidewalk as part of their overall project; and WHEREAS, Santa Fe has requested that they be given credit for the installation of said sidewalks. NOW, THEREFORE, BE IT RESOLVED, by the Redevelopment Agency of the City of San Bernardino, California that Santa Fe Federal Savings and Loan Association be granted credit for the installation of sidewalks surrounding their parcel in an amount not to exceed that of the minimum bid for sidewalk installation by the contractor who is awarded the contract for the street widening. Adopted: 3-4-71 P~1otion was made by Austin and seconded by Gutierrez authorizing the adoption of Resolution No. 2370. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster floes: None Abstention: None Absent: None CERTIFICATES OF COMPLIANCE, BANK OF AMERICA: The following resolutions were introduced: RESOLUTION tJO. 2371 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING ISSUANCE OF REDEVELOPERS CER- TIFICATE OF COMPLIANCE TO BANK OF AMERICA, NATIONAL TRUST AND SAVINGS ASSOCIATION, A NATIONAL BANKING ASSOCIATIOPJ, CALIF. R-10 WHEREAS, Bank of America National Trust and Savings Association, 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 November 1, 1965, was recorded on December 30, 1968, in Book 7156 on Page 354 and said Grant Deed dated December 14, 1965, was recorded on December 30, 1968 in Book 7156 on Page 372 both in the official Records of the County Recorder of the County of San Bernardino, State of Cali- fornia; and WHEREAS, in Section 3 of said Agreement and in Section 3 of said Grant Deed 17ss 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 WtJEP.EAS, the Agency agreed in Section 4 of said Agreement and in Section 4 of said Grant Deed to furnish the Redeveloper with an instrument certifying completion 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: See Exhibit "A" attached hereto and by this reference made a part hereof. tJOW, THEREFORE, BE IT RESOLVED in accordance with Section 4 of said Agreement and Section 4 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 be- ginning 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 Ber- nardino, 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: 3-4-71 EXHIBIT "A" Re-use Parcels 5, 6 and 7 more particularly described as follows: PARCEL N0. 1: That portion of Lots 3 and 4, Block 19, CITY OF SAN BERNARDIfJO, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 1, records of said County; and that portion of KIER's SUBDIVISION, as per plat recorded in Book 13 of Maps, page 14, records of said County, described as follows: BEGItJfJING at the Southwest corner of Lots 2 and 3 of the KIER'S SUBDIVISION; thence North along the ldest line of said Subdivision 171.46 feet, more or less, to the Northwest corner of Lots 7 and 8 of said Subdivision; thence East along the North line of said Lots 7 and 8, and its Easterly prolongation, to a point on the East line of said Subdivision; thence North along said East line to a point 200 feet fdorth of and at right angles to the North line of Third Street as shown on said (laps; thence East parallel with the Plorth line of said Third Street, 22.34 feet; thence North 30 feet 2 inches to a point that is 66 feet 10 inches South of the PJorth line of said Lot 4, Block 19, City of San Bernardino, and 44 feet ;Jest of ttie East line of said Lot; thence East 44 feet to the East line of said Lot 4; thence Soutli along the East line of said Lot 4, also being the 4Jest line of Lot 3 of said Block 19, to a point 55 feet South of the South line of Court Street, as established by Deed to the City of San Bernardino, recorded February 16, 1928 in Book 773 328 of Official Records, page 339; thence East parallel with the North line of Third Street, 70 feet 7 inches; thence South to a point on the North line of said Third Street, said point being 70 feet 7 inches East of the Southwest corner of said Lot 3, Block 19; thence West along the North line of Third Street to the point of beginning. EXCEPTING THEREFROh1 any portion lying within "D" Street. PARCEL NO. 2: TOGETHER WITH an easement for alley way over a strip of land 5 feet wide immediately North of and adjacent to the property herein described; the South line of said strip being distant South 55 feet and parallel to the South line of said Court Street. That portion of Lot 3, Block 19, CITY OF 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 1, records of said County, described as follows: BEGINNING at the Southwest corner of said Lot 3; thence East 70 feet 7 inches along the North side of Third Street in said City; thence North to a point 55 feet South of the South line of Court Street, as established by Deed to the City of San Bernardino, recorded February 16, 1928, in Book 328, page 339 of Official Records of said County; thence West parallel to the South line of said Court Street to the West line of said Lot 3; thence South along said West line of Lot 3 to the point of beginning. RESOLUTION N0. 2372 RESOLUTION OF THE REDEVELOPD1ENT AGENCY OF THE CITY OF SAN BERNARDINO, AUTHORIZING ISSUANCE OF REDEVELOPER'S CERTIFICATE OF COMPLIANCE TO BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, A NATIONAL BANKING ASSOCIATION, CALIF. R-79 WHEREAS, Bank of America National Trust and Savings Association, 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 78, 1968, was recorded on February 11, 1969, in Book 7180 on page 108 and said Grant Deed dated January 27, 1969 was recorded on February 11, 1968 in Book 7180 on page 150 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 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 completion of said improvements in accordance with the provisions of said ' Grant Deed and Agreement upon Redeveloper's completion thereof; and 1735 WHEREAS, said real property is described as: See Exhibit "A" attached hereto and by this reference made a part hereof. 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 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 th nardino, California that the and directed on behalf of the County Recorder of the Count Adopted: 3-4-71 e Redevelopment Agency Chairman and Secretary Agency to execute and y of San Bernardino, a EXHIBIT "A" of the City of San Ber- are hereby authorized have recorded with the "Certificate of Compliance" A71 that real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: That portion of Block 14, CITY OF SAID BERfJARDINO, as per plat recorded in Book 7 of D1aps, page 1, records of said County, described as follows: BEGINNING at the intersection of the South line of said Block 19 with a line parallel with and distant 8.75 feet Easterly, measured at right angles from the West line of said Block 19; thence South 890 58' 32" East along said South line, 211.24 feet to a line parallel with and distant 70.58 feet Easterly, measured along said South line, from the West line of Lot 3 in said Block 19; thence PJorth 00 02' 51" West along said parallel line, 256.93 feet to the South line of Court Street, as conveyed to the City of San Bernardino by deed recorded February 16, 1928 in Book 328, page 339, Official Records; thence North 890 56' 58" West along the last mentioned South line, 197.20 feet to the beginning of a tangent curve concave Southeasterly with a radius of 20.00 feet, said curve is also tangent to said parallel line 8.75 feet Easterly of the West line of said Block 19; thence Southwesterly along said tangent curve, through a central angle of 900 05' 46", a distance of 31.45 feet to said parallel line; thence South 0° 02' 44" East, 236.99 feet to the point of beginning. EXCEPTIfiG THEREFROf1 that portion of Lots 3 and 4, Block 19, CITY OF SAfd BERNARDIPlO, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of flaps, page 7, and that portion of Kier's Subdivision, as per plat recorded in Book 13 of naps, page 14, described as follows: BEGINNING at the Southwest corner of Lots 2 and 3 of the Kier's Subdivision; 173E thence florth along the West line of said Subdivision, 171.46 feet, more or less, to the florthwest corner of Lots 7 and 8 of said Subdivision; thence East along the North line of said Lots 7 and 8, and its Easterly prolonga- tion, to a point on the East line of said Subdivision; thence North along said East line to a point 200 feet North of and at right angles to the North line of Third Street, as shown on said daps; thence East parallel with the North line of said Third Street, 22.34 feet; thence North 30 feet 2 inches to a point that is 6G feet 10 inches South of the North line of said Lot 4, Block 19, CITY OF SAN BERNARDINO, and 44 feet West of the East line of said Lot; thence East 44 feet to the East line of said Lot 4; thence South along the East tine of said Lot 4, also being the West line of Lot 3 of said Block 19, to a point 55 feet South of the South line of Court Street, as established by Ueed to the City of San Bernardino, recorded February 16, 1928, in Book 328, page 339, Official Records; thence East parallel with the North line of Third Street, 70 feet 7 inches; thence South to a point on the North line of said Third Street, said point being 70 feet 7 inches East of the Southwest corner of said Lot 3, Block 19; thence West along the North line of Third Street to the point of beginning. Motion was made by Austin and seconded by Gutierrez authorizing the adoption of Resolutions flo. 2371 and 2372. The motion v:as carried by the following vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster Noes: tJone Abstention: None Absent: None CITY HP,LL RENT: A letter was presented from the City Administrator requesting concurrence from the Agency for the rental of 3,300 sq. ft., exclusive of columns, at .4II per sq. ft., or $1,584 per month, in order that they can include this figure in their 71-72 budget. It is predicted that move-in will be in February 7972. for. Quinn stated that the Agency anticipates preparing its 71-72 Fiscal Year Administrative Budget the first part of hiay. The City wants a commitment from the Agency that we will budget this amount in our budget. Mr. Quinn stated that he believes the Agency could guarantee the City the five months occupancy they need for their budget figure. Flr. Varner recommended that the item be tabled until the next regular meeting in order that a detailed study could be made by the staff regarding the amount of money to be allocated in the budget for office space. After discussion, motion was made by Wein and seconded by Austin to table the matter of office space in the new City Hall until the next regular board meeting. The motion was carried by the following vote, to wit: Ayes: Austin, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None fJAHP.O ~1E146ERSHIP DUES An Invoice was presented to the Ilembers from the National Association of (lousing and Redevelopment Officials for renewal of membership in NAHRO for the year ending April 1972. The dues have been computed on the basis of po- pulation of the City. After discussion, the following resolution was intro- duced: 1737 RESOLUTION NO. 2373 RESOLUTION OF THE REDEVELOPh1ENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF $1,000 FOR NAHRO MEf~16ERSHIP DUES WHEREAS, the Redevelopment Agency of the City of San Bernardino, California desires to renew its membership in the National Association of Housing and Redevelopment Officials for the year ending April 1972. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the expenditure of $1,000 for NAHRO P1em- bership dues for the year ending April 1972 is hereby approved. Adopted: March 4, 7977 P1otion was made by Austin and seconded by Gutierrez authorizing the adoption of Resolution No. 2373. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: None OFFER TO PURCHASE, R-10, REUSE PARCELS 13b, 15, 16 and 17: Mr. Quinn explained that at the time of purchase of property at the northwest corner of 3rd and "D" Streets, one of the requirements placed on the redeveloper (Driver/Eichelberger) was that they negotiate in good faith with Security Pacific Bank for tenant occupancy. Since that time, Security Pacific has bought property on 4th Street and are no longer interested in occupancy in the 3rd and "D" Street property. Fidelity Capital Corporation is under disposition agreement with the Agency for the property at 2nd and "D", for the development of American Security Bank and other offices. They have submitted a letter to the Agency stating their desire to release their interest on this property. They propose to be a party in interest in the property at 3rd and "D". Mr. Quinn stated that Fidelity Capital Corporation are meeting coincidentally with the Agency's meeting today, to discuss a lease agreement for the property at 3rd and "D". Mr. Quinn stated that he has received an Offer to Purchase the property under disposition agreement to Fidelity Capital Corporation from Erven Tallman, President of Norco Sales and Manufacturing Co. P1r. Tallman was represented by Mr. Arthur Katz, Attorney, and Mr. John Creatura, Realtor. Mr. Creatura explained that Mr. Tallman proposes to erect substantially the same development proposed by Fidelity Capital. Their total investment will be approximately $2,000,000. There are no contingencies to their Offer. for. Katz stated that they are negotiating with a firm for major tenancy of the structure. Upon discussion with the members, they stated that they would agree to open escrow upon approval of the sale by the Agency, close escrow in three months, and start construction three months thereafter. 1738 P1r. Austin moved that the Offer of Dlr. Tallman be accepted and authorize the Notice of Public Hearing to be published, contingent upon the necessary releases from Fidelity Capital. Dlr. Quinn stated that Mr. Creatura contacted him regarding this parcel and brought the developer into negotiations for this property. Mr. Wein stated that he would like Mr. Austin's motion to also state that I.1r. Creatura be authorized the payment of the finders fee if Fidelity Capital participates in the 3rd and "U" parcel. fir. Austin stated that he could not see any reason for this contingency. Mr. Quinn again stated that he was approached independently by F1r. Creatura for this parcel. Mr. Austin's motion died=for future discussion. After much discussion, and careful review the members determined that the Offer be accepted, subject to Public Bearing and the Finders Fee shall be awarded to 4r. Creatura if the sale is approved at the public hearing. The follo~:~ing resolution was introduced: RESOLUTION PJO. 2374 RESOLUTION OF THE REDEVELOPMENT AGEi~iCY OF THE CITY OF SAN BERDJARDINO, CALIFORNIA, DETEP,fIINIfIG THAT ERVEN TALLiIAN, A REDEVELOPER 'WHO IS QUALIFIED TO REDEVELOP THE II EADOWBR001: PROJECT, fJO. 1, CALIF. R-10, REUSE PARCELS iJO. 15, 16, PORTION 136 and 17, ADJU AUTHORIZ- ING THE PUBLICATION OF THE "REDEVELOPERS STATEl1EPIT FOR PUBLIC DISCLOSURE" AND NOTICE OF PUBLIC HFARIfJG WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to dispose of certain parcels of land in the Ileadowbrook Project to qualified Redevelopers to redevelop the land in accordance with the Redevelop- ment Plan thereof; and WHEREAS, the offering of Reuse Parcels No. 15, 16, Portion 13b and 77 was published pursuant to the Urban Renewal Handbook RHA 7214.1 Chapter 4, Section 2 and 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 No. 15, 16, Portion 13b and 17 to Erven Tallman, subject to the concurrence of the De- partment 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 a IJotice of Public Hearing. Said Public Hearing to be held March 18, 1977. Adopted: 3-4-71 1724 tlotion was made by Austin and seconded by Wein authorizing the adoption of Resolution tJo. 2374, authorizing the sale of parcels 15, 16 ~ portion of 13b .... and 17, R-10, to Erven Tallman, subject to public hearing, and proper release from Fidelity Capital Corporation on subject property; and further that .1r. Creatura will be eligible for Finders Fee on said property if sale is accepted at Public hearing. The motion was carried by the following vote, to wit: Ayes: Austin, Wein, Gutierrez and Webster Noes: None Abstention: fJone Absent: None AGEfdCY IiJSUP,AfdCE PROGRAFI: Fir. Quinn explained that NUD has indicated that it is an eligible expenditure for Public Agencies to participate in a life insurance program. The Agency staff being interested in such a program, received proposals from various companies regarding coverage. A memorandum was presented from Tom White outlining the proposals received and the Agency/Employee participation in premiums. 6ir. Quinn stated that an employee meeting was held this morning and a vote was taken and unanimously carried by all present to accept the offer of Life f. Casualty of Tenn. Fir. Quinn further stated that four employees were not present at the meeting, but that all have indicated that they con- cur in the vote. flr. Quinn explained that our present health insurance program is with this company. Tliey require only 75% participation, which the other bids received require 100% participation. Several of the other companies were represented -^~ at the Meeting. All stated that their company only required 75% participa- tion or 10 employees to form a group. Flayor Ballard stated that before the Agency enters into any such program, they should inquire as to what policy the City has on life insurance. Mr. Austin moved that the recommendation of the staff to enter into a Life Insurance Program with Life & Casualty of Tenn. be accepted, provided that it conforms with the City's program. f1r. Wein stated that he feels the program should be more carefully looked into, in that the other firms have stated that 75% participation is all they require. Mr. Austin withdrew his motion. After further discussion, motion was made by Austin and seconded by 41ein to table the matter of Agency Employee Life Insurance, for careful study and redetermination of the staff, and in order to obtain written clarification from the City Administrator regarding the City's policy for Life Insurance Programs. The motion was carried by the following vote, to wit: Ayes: Austin, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None TEMPORARY SIDING ON CEfJTRAL CITY h1ALL: Mr. Quinn stated that the metal siding was installed on the mall by -'" Diffenbaugh to protect the mall from weather and provide security, until the tenant stores were constructed. The Agency had 80,000 sq. ft. of 1740 siding installed and Diffenbaugh estimated that approximately 55,000 sq. ft. would be salvageable. Part of Diffenbaugh's contract for this siding specified that he would buy back undamaged siding from the Agency at .07 sq. ft., or based on 55,000 sq. ft., a credit of 13,900. The tenant buildings are Hour under construction. The siding is projecting over the property line of Central City Company property, and it now appears that the tenant building structures cannot be completed until the siding is removed or the contractor is allowed to cut the siding at certain locations in order to complete tP~e tenant buildings. Ilov.~ever, to alloy the siding to be cut would eliminate the possibility of Diffenbaugh buying back the metal. The flembers stated that this was not the understanding they had when siding was determined to be the best means of protection. Fir. Wein stated that he understood that the tenant buildings vrould abut directly against the siding, and after construction the siding would be cut away at the entrance. Fir. Austin stated that he would like the staff to look into the price per pound for scrap metal. In this way perhaps there would not be a total loss in the metal being cut. Mr. Quinn stated that it would not delay tYie project if this matter was tabled for further study. After further discussion, motion was made by Austin and seconded by Wein to table the matter until the next meeting, in order that the Staff could look into the price per pound for scrap metal. The motion was carried by the following vote to wit: ayes: Austin, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: hJone htr. Wein requested that a representative from Gruen Associates be present at the next meeting regarding this item. It was upon the recommendation of Gruen Associates that the siding was installed. F1r. Quinn stated that he will contact Gruen Associates. BRUCE D. VARNER CONTRACT: P1r. Quinn requested authorization to increase the upset figure on Bruce Varner's contract by $50,000. The following resolution was introduced: RESOLUTION N0. 2375 RESOLUTION) OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN 8ER- fdARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT APIEWDMENT TO DRUCE U. VARFJER'S CONTRACT FOR GENERAL LEGAL SERVICES bJIIEREAS, the Redevelopment Agency of the City of San Dernardino, by Resolution Wo. 488, entered into a Contract dated Flpril 11, 1967, with Druce D. Varner for Legal Services; and WHEREAS, it is the desire of the Agency to execute Contract Amendment No. 5 increasing the upset figure for said services -;r• i;0';I, THEREFORE, BE IT P.ESOLVED by the Redevelopment Agency of the City of San 3ernardino, California, that Paragraph 4 is amended to read: "The Local Public Agency will pay the Contractor not to exceed One !!undred Ten Thousand Dollars ($110,000) which shall constitute full and complete compensation for the Contractor's services hereunder. Such sum vain be paid at the rate of Fifty Dollars ($50.00) per hour, ($35.00 authorized by IiUD and `15.00 from local funds), in every case subject to re- ceipt of an invoice for payment from the Contractor specifying that he has performed the work under this contract in conformance with the Contract and that he is entitled to receive the amount invoiced under the terms of the Contract. In addition to the compensation provided above, the Local Public Agency will reimburse the Contractor for travel and subsistence expenses away from the Local Public Agency's principal place of business when said travel is specifically requested by the Local Public Agency. The limitations on cost of transportation and subsistence expenses shall be the same as those which currently prevail for staff members of the Local Public Agency. It is expressly understood and agreed that in no event will the total compensation and reimbursement, if any, to be paid hereunder exceed the maximum sum of One Hundred and Ten Thousand Dollars ($110,000) for all of the services required." Adopted: 3-4-71 i1otion was made by Wein and seconded by Austin authorizing the adoption of Resolution No. 2375. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, Gutierrez and Webster Noes: None Abstention: None Absent: None ADVERTISEMENT BILLBOARDS: for. Quinn requested authorization to have two billboards installed around the construction area of the new City Hall and Cultural Center. Gruen Associates have donated their time to prepare the art work for the signs. A memorandum was submitted to the members specifying bids from four firms far the bill- boards. The prices include whatever copy the Agency wants on the billboards. Mr. Wein stated that the bids do not specify how high the billboards will be, or if the price quoted is guaranteed if the size proposed does not meet City Code. After further discussion, motion was made by Wein and seconded by Gutierrez tabling the matter of Advertisement Billboards in order that the Executive Director can obtain the height proposed by all firms, and if the proposed sizes meet City Code. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Austin and Webster Noes: None Abstention: None Absent: None PYLON SIGN COPY: A design layout of the pylon sign proposed by Gruen Associates for the Central City Mall was submitted to the Members. Gruen Associates propose that the Agency's "Logo" be used to signify the Central City Project. The pylon sign is proposed to be 82 1/2 feet high, and will cost approximately $50,000. All members stated that they would like the sign to directly refer to Central 1742 City, instead of using the "Logo". After discussion, motion was made by Austin and seconded by Wein to refer the design for the pylon sign back to Gruen Associates, requesting that the sign be redesigned in order that the Central City Project is directly stated in the sign. The motion was carried by the following vote, to wit: Ayes: Austin, Wein, Gutierrez and Webster Noes: Plone Abstention: None Absent: None ALLIED PROPERTIES, TITLE CLEARANCE: P1r. Quinn requested authorization to have executed a Quitclaim Deed for the purpose of establishing a definite property boundary between the Agency's property and that of Allied Properties, owners of the Andreson Building. P1r. Varner explained that this is just a trading of deeds between the Agency and Allied Properties, to clear up the obsolete property descriptions. After discussion, the following resolution was introduced: RESOLUTION N0. 2376 RESOLUTION OF THE REDEVELOPP1ENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIR- I4AN AND SECRETARY TO EXECUTE A QUITCLAIM DEED IN FAVOR OF ALLIED PROPERTIES, A CALIFORNIA CORPORATION, FOR- !•1ERLY PACIFIC STATES SAVINGS AND LOAN FOR THE PURPOSE OF ESTABLISHING DEFINITE PROPERTY LINES AND THE ELIMI- PJATION OF CERTAIN EASEMENTS bJI1EREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to execute a Quitclaim Deed for the purpose of establishing a definite property boundary between the Agency's property and that certain parcel of land known as the Andreson Building, now owned by Allied Properties, Inc., a California Corporation; and WHEREAS, it is agreed that the execution of said Quitclaim Deed will be for the mutual benefit of both the Agency and Allied Properties. NOW, THEREFORE, BE IT RESOLVED, that the Chairman and Secretary are hereby authorized and directed to execute said Quitclaim Deed on behalf of the Agency. Adopted: 3-4-71 tlotion was made by Austin and seconded by Gutierrez authorizing the adoption of Resolution No. 2376. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster Noes: Clone Abstention: None Absent: None REQUEST FOR CREDIT, CENTRAL CITY COMPANY: Mr. Quinn explained that Central City Company is requesting relief from the Agency in the amount of $80,000 to cover a portion of the expenses they 1~h incurred due to the Penney Company revisions. Their total additional expen- „ diture amounted to $240,000. Penney Company widened their building 8 feet and moved the entrance back 40 feet away from the 61a11. Penney Company also increased their building from tuo stories to tf;ree. Tl;e Agency agreed to raisethc mall roof to meet Penney's specifications. The Central City Company agreed to construct a roof from the mall to the Penney Company, and also to build another mall entrance o-~ith a raised ceiling on the opposite side from the Penney Store. This cathedral ceiling will run from the Penney Company through the Center Court and create another entrance to the mall from the apposite side. They are actually constructing a portion of our mall. h1r. Quinn explained that if acceptable by the Agency, these funds will be paid to them out of the interest earned by their 5,500,000 deposit. flr. 4Jebster and f1r. Wein stated that they feel the Agency has a moral obligation to share in tYie cast incurred by Central City Company, f1r. Austin stated that he did not think the Agency should grant them the funds. I1r. Varner explained that Central City Company has agreed to release the interest on their $1,500,000 deposit to the Agency, if the Agency agrees to the settlement. After further discussion and careful review, the following resolution was introduced: RESOLUTIOfJ NC. 2377 RESOLUTION OF THE REDEVELOPMEfJT AGENCY OF THE CITY OF SAN 6ER- fJARDINO, CALIFORNIA, AUTHORIZIiJG THE PAYIIEPJT OF $80,000 TO THE CENTRAL CITY COf1PANY AS A SHARE IfJ THE ADDED EXPENDITURES INCUR, RED DUE TO THE MODIFICATIONS OF THE PEJJNEY COMPANY - SAID FUNDS TO BE PAID OUT OF INTEREST EARNED FROM MONEY ON DEPOSIT BY SAID CENTRAL CITY COMPANY 4JHEREFlS, ttre Redevelopment Agency of the City of San Bernardino, California, has under date of (larch 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 certain contract, the Agency,is undertaking certain activities necessary for the execution of the Central City Project, Calif. R-79; and 4lIJEREAS, in the pursuit of its endeavors to redevelop the downtown area of the City of San Bernardino, the Agency did dispose of certain properties surrounding the Central City Mall in the Central City Project Area to the Central City Company; and 4JHEREAS, the Central City Company did, upon entering into escrow for the certain properties mentioned in the proceeding paragraph, deposit with the Agency a sum of money wf~ich has to present date been held in a trust account and from time to time been invested in securities ~•~hich yielded interest return to the trust account; and V•1HEREAS, certain modifications must now be made to the Central City ('.all and surrounding areas due to modification of the proposed Penney Company Cuilding, said modifications, which are in part to be Dorne by the Central City Company; and ~];., lJfiEREAS, the Central City Company has petitioned the Agency to be relieved of certain of the costs necessitated by the Penney Company modifications and which modifications the Central City Company was not a contributing factor. IJOW, TIiEREFORE, 6E IT 12ESOLVED that the Agency instruct the Eank of California, custodian of the Central City Company Trust Account, that the Bank of California, is authorized to return to the Central City Company from Trust Account No. 1-0184, but solely out of monies derived from interest earned on investments from the Trust Account, the sum of $80,000 which shall be full compensation to the Central City Company for damages and costs incurred as a result of Penney Company modifications in the Central City Project area, Calif. R-79 Adopted: 3-4-71 h1otion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2377. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez and Webster Noes: Austin Abstention: None Absent: None CENTRAL CITY COMPANY, WESTERN SECTOR: Mr. Quinn explained that the Western Sector of the Central City Project is under Offer to Purchase with Central City Company. In the Offer the Agency outlined that the development must be consistent with the study made by Gruen Associates. The Central City Company has tried to plan in accordance with this study, but from an economical standpoint it will not work. They are now requesting an extension until June 15,1971 to put together a new workable program for the area. If they do not come up with a plan by this date, the Agency has the right to terminate their Offer. P1r. Quinn stated that he has met with them and their architect and they are working to get this development proposal underway. After further discussion, the following resolution was introduced: RESOLUTION NO. 2387 RESOLUTION OF THE REDEVELOPh1ENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZIPJG THE CHAIRP1AN AND SECRETARY TO EXECUTE AN AMENDMENT TO OFFER TO PUR- CHASE SUBMITTED BY CENTRAL CITY COMPANY, FOR THE WEST- ERN SECTOR OF THE CENTRAL CITY PROJECT, EXTENDING DATE OF FIRM DEVELOPMENT PROPOSAL UNTIL JUNE 15, 1971 WHEREAS. the Redevelopment Agency of the City of San Bernardino, by Resolution No. 2034, authorized the Sale of Reuse Parcels 24 through 35, California R-79 to Central City Company; and WHEREAS, it has become necessary for the Central City Company to study their development plans further; and WHEREAS, the Central City Company has submitted a request for an extension of time to make said study and to finalize their plans; and 175 WIiEREAS, the Agency has reviewed their request, and has determined that an extension of time is of mutual benefit to both parties. N04J, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that an extension of time is hereby approved to no later than June 15, 1971. Fldopted: 3-4-71 Motion was made by Austin and seconded by Gutierrez authorizing the adoption of Resolution No. 2378. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: None The Chairman instructed Mr. Varner to prepare all the necessary documentation. ADJOURNMENT: f~1otion was made by Gutierrez and seconded by Austin adjourning the meeting at 6:35 p.m. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Austin, Wein and Webster Noes: None Abstention: None Absent: None 1746 h1INUTES OF THE REDEVELOPh1ENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 18TH DAY OF MARCH, 1971, 320 NORTH "E" STREET, ROOh1 403, SAN BERNARDINO, CALIFORNIA The Chairman called the meeting to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Austin, Wein, Gutierrez and Webster Agency P1embers Absent: None Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and hirs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of h1arch 4, 1971 were submitted for approval. Motion was made by Austin and seconded by Gutierrez approving the Minutes of the Regular Meeting of March 4, 1971 as submitted. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Austin and Webster Noes: None Abstention: None Absent: None EXPENDITURES: The Expenditures for the month of February, 1971 were submitted for approval. After careful review, motion was made by Wein and seconded by Gutierrez approv- ing the Expenditures as submitted. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Austin and Webster Noes: None Abstention: hJone Absent: None The Investments were discussed and disbursement among banks reviewed. REPORT OF AGENCY COUNSEL: P1r. Varner stated that he has nothing to report at this time. PUBLIC HEARING - TALLMAN, REUSE PARCELS 13b, 15, 16 and 17, R-10: Mr. Webster reported that this is the time and place designated for the Public Hearing regarding the Sale of Reuse Parcels 13b, 15, 16 and 17, R-10, to Ervan Tallman. Mr. Varner stated that the form of the proposed Disposition Agreement is on hand for public inspection. There being no questions or comments, the Public Hearing was closed. SALE OF REUSE PARCELS 13b, 15, 16 & 17, R-10: Mr. Quinn stated that Fidelity Capital Corporation (American Security Bank) has given a letter of intent to occupy space in the development on 3rd and "D" Street (Driver/Eichelberger), to said developer. The financing is now being arranged 1747 for this development. Mr. Katz, attorney for the Ervan Tallman Offer, stated that he received a letter from Fidelity Capital stating their desire to re- lease their interest on property at 2nd and "D". Authorization was requested to release Fidelity Capital's interest on the pro- perty on 2nd and "D", refund their deposit of $5,500, and accept the Offer of Tallman for this property. I~ir. Wein expressed his concern as to what would happen if the Agency did authorize the above, and Driver/Eichelberger could not obtain their financing for the 3rd and "D" site. P1r. Gary Williamson, Fidelity Capital, stated that he is confident that Driver/ Eichelberger will obtain their financing. If they cannot obtain the financing, his company has intentions of requesting occupancy in the Tallman building. hir. Varner stated that from a legal standpoint, this enhances the Agency's po- sition in finding a location for American Security Bank. Mr. Quinn stated that h1r. Creatura contacted him regarding this parcel and brought the developer into negotiations for the property. After thorough discussion, the following resolution was introduced: RESOLUTION N0. 2379 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CANCELLING THE OFFER OF FIDELITY CAPITAL CORPORATION FOR THE PURCHASE OF REUSE PARCELS 15, 16, PORTIONS 13b and 77, CALIF. R-70; AND AUTHORIZING THE PURCHASE OF SAID PARCELS BY ERVEN TALLMAN: AND AUTHORIZING PAYhiENT OF FINDERS FEE OF $5,500.00 TO JOHPI CREATURA WHEREAS, by Resolution No. 2271, the Redevelopment Agency of the City of San Bernardino, California, accepted an Offer to Purchase said property from Fidelity Capital Corporation; and WHEREAS, said corporation has requested their Offer to Purchase be with- drawn, and their deposit refunded; and WHEREAS, the Agency has entertained an Offer to Purchase said property, by Erven Tallman; and WHEREAS, said Offer to Purchase by Erven Tallman was presented by Mr. John Creatura; and WHEREAS, Mr. John Creatura is entitled to a finders fee of $5,500.00. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Offer of Fidelity Capital Corporation to purchase Reuse Parcels 15, 16, portions 13b and 17, R-10, be hereby with- drawn and the deposit of $5,500.00 be refunded to said Fidelity Capital Corporation; and 1748 BE IT FURTHER RESOLVED that the Offer of Erven Tallman to purchase Reuse Parcels 15, 16, portions 13b and 17, R-10 hereby be accepted; and BE IT ALSO RESOLVED that for. John Creatura is hereby granted a finders fee of $5,500.00. Adopted: 3-18-71 Motion was made by Austin and seconded by Wein authorizing the adoption of Reso- lution No. 2379, cancelling the offer of fidelity Capital Corporation for the purchase of Reuse Parcels 73b, 15, 16 and 17, Calif. R-10, and authorizing the refund of their deposit on said property. Further authorizing the sale of said parcels to Erven Tallman, and the payment of a finders fee in the amount of $5,500 to Mr. John Creatura. The motion was carried by the following vote, to wit: byes: Austin, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None CITY HALL RENT: Mr. Quinn stated that at the last meeting a letter was presented from Mr. Winstead, City Administrator, requesting concurrence from the Agency for the rental of 3,300 sq. ft. of office space in the new City Hall, at the rate of .48 per sq. ft. Mr. Quinn stated that since receipt of this letter he has been advised by Mr. Winstead that this rental rate does not include the payment of the utilities. It is estimated that the utilities will run approximately $700 per month. Mr. Quinn stated that it would run the Agency on an average of $1,900 per month for space in the new City Hall. The Agency's present rental rate is .25 per sq. ft. This figure does not include utilities either. Mr. Quinn stated that the City would like assurance from the Agency that we will allocate in our 71/72 Administrative Budget five months occupancy at .48 sq. ft. plus utility expenditures. Mr. Quinn stated that it is his feeling that if the Agency gives this assurance, it will also commit us to move into the City Hall at the specified rental rate. The space requirements of the Agency were discussed. The Members stated that they would like to receive HUD determination on the rental rate before making any commitment. After further discussion, motion was made by Wain and seconded by Austin that the matter be discussed with the Department of Housing and Urban Development, and their approval of the rental rate be requested. The motion was carried by the following vote, to wit: Ayes: Austin, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None AGENCY INSURANCE PROGRAM: A letter was presented to the Members setting forth the City's participation in employee insurance. Mr. Quinn stated that the City pays 100% of employee health insurance, with similar benefits to the Agency's policy. The Agency is only allowed by HUD regulations, to pay 50%. City employees who carry life insurance pay 100% of their premiums. The Agency is allowed to pay 50% of such a program. Upon calculation of the premiums paid by the City and Agency, it has been deter- mined that the City pays $6.01 more per employee, per month, in fringe benefits than the Agency. 1749 Mr. Quinn suggested that the Agency participate in a Life Insurance Program on a 50% basis, with a participation limit of $6.00 per month, per employee. The staff has requested the firm of Life & Casualty of Tenn for such a program. All members agreed that the staff should designate the firm of their choice, and therefore concurred in the choice of Life & Casualty. After further dis- cussion, the following resolution was introduced: RESOLUTION N0. 2380 RESOLUTION OF INTENTION TO APPROVE CONTRACT PROVIDING FOR PARTI- CIPATION IN A GROUP LIFE INSURANCE PROGRAM WITH LIFE AND CASUALTY OF TENNESSEE AND TO LIMIT THE AGENCY'S PAYMENT RESPONSIBILITY WHEREAS, Chapter 4, Section 7217.1, Urban Renewal Guide, October 69, authorizes Local Public Agencies to secure life insurance for its employees independently of a public or private retirement or health insurance plan; and WHEREAS, the Department of Housing and Urban Development has established limi- tations on life insurance that may be in force on the life of an employee, said limitations not to exceed one and one-half (150%) times the rate of regular annual compensation at time of death; and WHEREAS, the Department of Housing and Urban Development has further established limitations on employer contributions to an employee life insurance program, said limitations being the lesser of one-half percent (1/2%) of the employees regular. annual compensation, or, fifty percent (50%) of each individuals premium for the coverage provided; and WHEREAS, it has been determined that no Agency life insurance program presently exists, and whereas, it is the desire of the Agency and its employees to enter into contract for a life insurance coverage program; and WHEREAS, the Agency has solicited proposals from several group insurance carriers, and has deemed it advisable to enter into contract for group life insurance coverage with Life and Casualty of Tennessee, the carrier of the Agency's Health Insurance Program; NOW, THEREFORE, BE IT RESOLVED that the Members of the Redevelopment Agency of the City of San Bernardino, California, gives and it does hereby give notice of inten- tion to approve a contract between said Members and the Life and Casualty of Tennessee Insurance Company, providing for participation of said Redevelopment Agency of the City of San Bernardino, California, in a group life insurance program, said group insurance coverage not to exceed one and one-half (150%) times the rate of regular annual compensation at time of an employee's death. Furthermore, it is the Agency's desire to limit the Agency's monetary expenditure to a maximum amount of Six Dollars ($6.00) per premium, per employee, per month, the excess premium over and above the Six Dollars ($6.00) Agency participation to be borne by individual employees; BE IT FURTHER RESOLVED that the Agency Executive Director, furnish to the Department of Housing and Urban Development a copy of the proposed insurance 1750 application, and a copy of the insurance policy or contract, said policy or contract to include all applicable premium and benefit schedules, and a list of all present employees who would be eligible for such coverage, including for each salary, age, premium, amount of coverage, if variable, and other pertinent information to assist the Department of Housing and Urban Development to approve the group insurance contract. Adopted: 3-18-71 Motion was made by Wein and seconded by Austin authorizing the adoption of Resolution No. 2380. The motion wes carried by the following vote, to wit: Ayes: Wein, Austin, Gutierrez, and Webster Noes: None Abstention: None Absent: None ADVERTISEMENT BILLBOARDS: A sketch was submitted to the Members prepared by Gruen Associates. This is the material proposed to be printed on the billboards to be erected at 3rd and "E" and 3rd and "D", depicting the City Hall/Civic Center parcel. The sketch also calls for a rendering which has not been received from Guren as yet. Mr. Jones stated that the contractors for this area (Burke and Donovan) have agreed to furnish the billboards. The Agency will pay far the printing. The location of the billboards was discussed. P1r. Quinn stated that the location will be left to the discretion of the Board. After further review, motion was made by Wein and seconded by Austin approving the Advertisement Billboards in principle, and instructing the Executive Director to present the completed sketch to the Agency upon its receipt, along with bids for printing, in order that location, size and costs can be approved. The motion was carried by the following vote, to wit: Ayes: Austin, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None CALIFORNIA THEATER: Resolution No. 10663, of the City of San Bernardino, was presented to the Members. This resolution directs the Redevelopment Agency to acquire the California theater for the amount of the existing first mortgage, held by National General Corporation in the amount of $732,000. Mr. Quinn stated that the property has been appraised for $750,000. Mr. Varner stated that this can be done under California Law. A letter from National General Corporation will be needed, stating their intent to sell the property to the Agency for the mortgage payment. After acquisition, the Agency can deed the Theater to the City of San Bernardino, or enter into Lease Agreements with the San Bernardino Civic Light Opera Asso., and the other small tenants in the building. The Civic Light Opera will be obligated under the terms of such a lease, to remodel the building. The Agency will have complete control, and the Lease Agreements will contain all contingencies the Agency deems necessary. 1751 Several of the contingencies were discussed. Mr. Wein stated that an arrangement for parking should be worked out with the owner of the parking lot behind the theater. Also, an easement will be needed to provide access to and from the theater from the rear. After careful study and review, the following resolution was introduced: RESOLUTION N0. 2381 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE PURCHASE OF THE CALIFORNIA THEATER WHEREAS, under Section 33396, California Health and Safety Code, a Local Public Agency is authorized, if directed by the local legislative, to purchase property outside of a redevelopment project area; and WHEREAS, Resolution No. 10663, of the Mayor and Common Council of the City of San Bernardino directed the Redevelopment Agency of the City of San Bernardino to acquire that certain real property commonly known as the California theater located at 562 West Fourth Street, San Bernardino, California, for the amount of the existing first Trust Deed, held by National General Corporation in the amount of $132,000, together with attendant costs; and WHEREAS, it is proposed that if acquired, the Agency may either deed the Theater to the City of San Bernardino, or enter into Lease Agreements with the San Bernardino Civic Light Opera Association and the other small tenants presently occupying the building; and WHEREAS, the Agency will have complete control, and the Lease Agreements will contain all contingencies the Agency deems necessary, such as: parking arrangements; easements for access to and from the theater from the rear; and remodeling of the theater; etc.; and WHEREAS, after careful review and consideration, the Agency members have determined that the purchase of the California theater would be to the best interest of the public, the City of San Bernardino, and the Redevelopment Agency. NOW, THEREFORE, BE IT RESOLVED, by the Redevelopment Agency of the City of San Bernardino, California, that pursuant to Resolution No. 10663, of the Mayor and Common Council, the purchase of the California Theater is hereby authorized and the Agency Counsel is hereby directed jo prepare all necessary documents, incorporating the above noted contingencies in all necessary documents. Adopted: 3-18-71 61r. Weirs moved that pursuant to Resolution No. 10663, of the City of San Bernar- dino the Redevelopment Agency authorize the purchase of the California Theater, by the adoption of its Resolution No. 2381. The motion was seconded by Mr. Gutierrez. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Austin and Webster Noes: None Abstention: None Absent: None 1752 The Agency Counsel was directed to prepare all necessary documents, incorporating the above mentioned contingencies in the proper lease agreements. HARRIS COMPANY - PARKING: P1r. Quinn stated that the Harris Company has proposed a Parking Plan for the lot under lease agreement to them by the Agency. Their plan is as follows: The area north of 2nd Street from "F" to Harris Company to be free public parking, with a 3-hour time limit, controlled by Harris Company. The Parking area from "F" to "G" will be reserved for all-day porkers. Mr. Wein stated that he would like the all-day porkers to be charged the same daily rate as competitive lots in the area. All members agreed. The "G" Street entrance will be opened for all-day porkers. The 2nd Street entrance for free, 3-hour controlled porkers. There will be no validations; and the Harris Company's Lease Agreement shall be reduced to $600.00 per month. The Harris Company will pay all light bills, public liability insurance and provide personnel for lot policing and security. After careful review of the proposal, the following resolution was introduced: RESOLUTION NO. 2382 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING LEASE AGREEMENT WITH THE HARRIS COMPANY FOR PARKING AREA SOUTH OF THE CENTRAL CITY MALL WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, under date of November 21, 1968, entered into a Lease Agreement with the Harris Company for the parking area south of the Central City Malt (Block 78, 19, and 20, approximately 150' south of West Third Street and extending West from Harris Company property tine approximately 375'); and WHEREAS, the monthly rate under said Rental Agreement is $2,200.00; and WHEREAS, it is to the advantage of the Harris Company, the Redevelopment Agency, and the City of San Bernardino, to reduce the Rental rate from $2,200 per month to $600.00 per month, with the Tenant paying all tight bills, public liability insurance, and providing personnel for lot policing and security; and the parking area being open to the public under a specified Parking Plan. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, as follows: The Parking Area north of 2nd Street from "F" to Harris Company to be free public parking, with a 3-hour time limit, controlled by Harris Company. 1753 The Parking area from "F" to "G" will be reserved for all-day parkers. All- ~ -. day Parkers shall be charged the same daily rate as competitive lots in the area. The "G" Street entrance will be opened for all-day parkers. The 2nd Street entrance for free, 3-hour controlled parkers. There will be no validations; and The Harris Company's Lease Agreement shall be reduced to $600.00 per month. The Harris Company will pay all light bills, public liability insurance and provide personnel for lot policing and security. BE IT FURTHER RESOLVED that this Resolution shall become effective April 1, 1971. Adopted: 3-18-71 Motion was made by Austin and seconded by Gutierrez authorizing the adoption of Resolution No. 2382, reducing the rental rate of the Harris Company to $600.00 per month, and incorporating the above stated provisions for the parking area. The motion was carried by the following vote, to wit: Ayes: Ausitn, Gutierrez, Wein, and Webster Noes: None Abstention: None Absent: None CERTIFICATE OF COMPLIANCE, SAN BERNARDINO GLASS & MIRROR: Mr. Quinn requested authorization to execute a Certificate of Compliance for San Bernardino Glass & Mirror. They have completed their building. Mr. Estevene, Operations Department, has inspected the building. After discussion the following resolution was introduced: RESOLUTION N0. 2383 RESOLUTION OF THE REDEVELOPh1ENT AGENCY OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE ISSUANCE OF RE- DEVELOPER'S CERTIFICATE OF COMPLIANCE TO EVERETT CISCO AND MARY E. CISCO, HUSBAND AND WIFE, AS JOINT TENANTS, CALIF. R-10 WHEREAS, Everett Cisco and Mary E. Cisco, hereinafter called the Redeveloper, have entered into an Agreement and Grant Deed with the Redevelopment Agency of the City of San Bernardino; and WHEREAS, said Agreement dated February 11, 1969, was recorded on April 8, 1969, in Book 721® on page 138 and said Grant Deed dated February 11, 1969 was recorded on April 8, 1969 in Book 7210 on page 163, 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 1754 Redeveloper covenanted and agreed to construct certain improvements on the herein- after 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: See Exhibit "A" attached hereto and by this reference made a part hereof. 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 far 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 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: 3-18-71 Motion was made by Austin and seconded by Wein authorizing the adoption of Resolution No. 2383. The motion was carried by the following vote, to wit: Ayes: Austin, Wein, Webster and Gutierrez Noes: None Abstention: None Absent: None PURCHASE OF RUBBISH RECEPTACLES: A sample of the material proposed for the rubbish receptacles for the mall was presented to the Members. It was pointed out that this material will burn. After discussion, all members stated that they would like some proposals for concrete rubbish receptacles. This type of a receptacle wilt not burn, or be easily turned over. Motion was made by Austin and seconded by Wein instructing the Operations Officer to obtain proposals for the purchase of concrete rubbish receptacles for the mall. The motion was carried by the following vote, to wit: Ayes: Austin, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None ADJOURNt4ENT: Motion was made by Austin and seconded by Gutierrez to adjourn the meeting at 5:45 p.m. The motion was carried by the following vote to wit: AYes: Austin, Gutlierrez, Wein and Webster Noes: None Abstention: None Absent: None , ,~ P. W. Quinn Executive D 1755 MINUTES OF THE REGULAR t4EETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD APRIL 1, 1977, 320 NORTh1 "E" STREET, ROOM 403, SAN BERNARDINO, CALIFORNIA The Chairman reported that due to a lack of quorum, the Regular Meeting of April 1, 1971, was cancelled. /-~ Executive nn, 1755 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPh1ENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD AT 4:00 P.M. APRIL 15, 7971, 320 North "E" STREET, SAN BERNARDINO, CALIFORNIA The Chairman called the meeting 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. 6axter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of March 18, 1971 were submitted for approval. Motion was made by Austin and seconded by Gutierrez approving the Minutes of March 18, 1971 as submitted. The motion was carried by the following vote, to wit: ayes: Austin, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: None EXPENDITURES: The expenditures for the month of tAarch, 1971 were submitted for approval. After review, motion was made by Gutierrez and seconded by Wein approving the Expendi- tures for the month of t4arch, 1971. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Wein, Austin and Webster Noes: None Abstention: tJone Absent: None REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. PRESENTATION REGARDING SCULPTURE FOR "E" STREET POOL: t•ir. Mel Harris and Dr. Charles Herbert were introduced to the Members. hir. Ilarris briefed the Members on the history of their program. Dr. hlerbert presented renderings of the work of Sculptor John Augsburger. A model of the proposed tree- like sculpture was submitted along with renderings of the sculpture in the pool. Dr. Herbert explained that the sculpture will release water downward from the branches to create a weeping willow effect. The sculpture will be approximately 26' high. The trunk of the tree will be approximately 2' in diameter. The approximate cost for this sculpture is $35,000. The money to acquire this sculpture will be raised through campaigns. hir. Harris 1757 stated that upon approval of the concept they will start on their campaign. He stated that they are hoping that this will only be a start to fine art for our Mall and Civic Cultural Center area. Mr. Quinn asked if the pumping system already installed is adequate to support this proposed sculpture. Dr. Herbert stated that it is. A letter was presented from Gruen Associates confirming their review of the sculpture and their support of the image. Mr. Austin stated that he would like to approve the proposed model and give the program one year in which to raise the funds and to enter into contract. All Members agreed. The following resolution was introduced: RESULUTION NO. 2384 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE PROPOSED SCULPTURE FOR THE "E" STREET POOL, AND GRANTING THE PROGRAf4 ONE YEAR TO COMPLETE FUND RAISING WHEREAS, the "E" Street Court of the Central City f4a11 has been completed in accordance with Plans and Specifications prepared by Gruen Associates; and WHEREAS, said "E" Street Court contains a pool and fountain; and WHEREAS, certain citizens of San Bernardino have proposed a fine art fund raising campaign in order to contract for the construction of a sculpture for said "E" Street pool; and WHEREAS, a model of the proposed tree-like sculpture has been presented to the Agency Members at the Regular Meeting of April 15, 1971; and WHEREAS, the Members of the Redevelopment Agency have approved the proposed sculpture and said campaign to contribute fine art to San Bernardino; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the proposed sculpture for the "E" Street pool is hereby approved, and the Fine Art Fund Raising Campaign is granted one year in which to complete fund raising for said sculpture. Adopted: 4-15-71 Motion was made by Austin and seconded by Wein authorizing the adoption of Resolution No. 2384. The motion was carried by the following vote, to wit: ayes: Austin, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None The Executive Director was instructed to send a copy of this resolution to Dr. Herbert. 1758 INSURANCE FOR CENTRAL CITY h1ALL: tdr. Webster stated that bids were opened on April 1, 1971 for insurance on the mall. Due to a lack of quorum, award of the contract was not made on that date. Mr. Webster stated that it is felt that the invitation for bid was not circu- lated to all insurance carriers in the area, and that the bids should be rejected and advertised. Mr. Quinn explained that the Agency has received several com- plaints from local insurance agencies that they were not contacted regarding this bidding. Mr. Jones stated that the Agency did advertise in the paper, and personal invitations were sent to the firms who previously submitted proposals. The Members stated that in this case the proposals opened on April 1st should not be rejected. The Members reviewed the four proposals. There were questions regarding the language of the proposals concerning the average percentage clause. Mr. Jones was excused from the meeting in order to find an insurance agent who could explain the clauses to the Board. Mr. Webster stated that while the board is waiting the next item should be introduced. NAHRO CONFERENCE, LOS ANGELES: Authorization was requested for not more than two staff members and any interested Board Member to attend the NAHRO Pacific Southwest Regional Council Annual Con- ference in Los Angeles, May 16, 77 and 18, 1971. The following resolution was introduced: RESOLUTION N0. 2385 RESOLUTION OF THE REDEVELOPt•1ENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING TWO STAFF f4Et46ERS AND ANY INTERESTED BOARD MEMBER, TO TRAVEL TO LOS ANGELES, t9AY 16, 17, and 18, 1977, TO ATTEND A NAHRO PACIFIC SOUTH- WEST REGIONAL COUNCIL ANNUAL CONFERENCE 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 not more than two staff members and any interested Board Member to travel to Los Angeles, May 16, 17, and 18, 1971 to attend a NAHRO Pacific Southwest Regional Council Annual Conference. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency does hereby authorize the travel of not mare than two staff members and any interested Board Member to attend the NAHRO Pacific Southwest Regional Council Annual Conference, May 16, 17 and 18,' 1971, in Los Angeles; and their travel expenses are hereby approved in accord- ance with Resolution No. 2043, as amended. Adopted: 4-15-71 1759 Motion was made by Wein and seconded by Austin authorizing the adoption of Resolution No. 2385. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, Gutierrez and Webster Noes: None Abstention: None Absent: None INSURANCE FOR CENTRAL CITY MALL (CONT'D): P1r. Jones returned to the Meeting. He stated that Mr. Ken Kelly would be here shortly. He further stated that in checking his file, he has found that the invitation to bid for the Insurance was not advertised in the paper as pre- viously stated. Upon discussion, motion was made by Wein and seconded by Gutierrez rejecting all bids received on April 1, 7971 and instructing the Executive Director to advertise for bids for said insurance coverage. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Austin and Webster Noes: None Abstention: None Absent: None ARROWHEAD ALLIED ARTS COUNCIL, USE OF THE MALL: A request was presented from the Arrowhead Allied Arts Council for the use of the mall on May 10th for an inauguration reception honoring newly elected Mayor W. R. Holcomb, and other elected City Officials. Mr. Quinn stated that this does not conflict with any other functions for the mall. Mr. Varner stated that the necessary clauses regarding insurance and cleanup will be incorporated into the agreement. Motion was made by Austin and seconded by Gutierrez authorizing the Arrowhead Allied Arts Council to use the mall on May 10th for their inauguration reception. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: None TRAVEL - WASHINGTON D.C.: Mr. Webster explained that Mr. Quinn and Mr. Harper, at the request of the Department of Housing and Urban Development, made a trip to Washington D. C. on March 8-9, 1971 to discuss application of Operation Breakthrough for San Bernardino. The following resolution was introduced: RESOLUTION N0. 2386 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE TRAVEL OF P. W. QUINN, JR. AND BOYCE J. HARPER, JR., TO WASHINGTON D.C., MARCH 8-9, 1971 WHEREAS, Resolution No. 2043 of the Redevelopment Agency of the City of San Bernardino, California, requires that each trip made by an Agency P1ember or Staff Member outside of the City of San Bernardino, be specifically authorized by a Resolution of the Agency Members; and WHEREAS, it was found essential for P. W. Quinn, Jr., and Boyce J. Harper, Jr. 1760 to travel to Washington D. C. at the personal request of the Department of Housing and Urban Development to discuss application of Operation Breakthrough for San Bernardino. PJOW, TfIEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the travel of P. W. Quinn, Jr. and Boyce J. Harper, Jr., to Washington D. C., on March 8-9, 1971, to meet with tIUD representatives regarding Operation Breakthrough, is hereby approved; and their travel expenses are hereby authorized in accordance with Resolution No. 2043, as amended. Adopted: 4-15-71 fiotion was made by Austin and seconded by Gutierrez authorizing the adoption of Resolution No. 2386. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: None PURCHASE OF RECEPTACLES FOR h1ALL: A memorandum from the Operations Department was presented to the Board. Mr. Jones stated that the concrete trash receptacles are less expensive than the specified fiberglass ones. The concrete receptacles weigh 550 lbs and the ash cans 75 lbs. The breakdown of price, plus the shipping was explained. Mr. Quinn was asked if the Plans and Specifications prepared by Linesch and Reynolds would need to be changed if the board desired concrete rather than fiberglass receptacles. Mr. Quinn stated that he did not think it would be necessary unless the Agency incorporates the purchase of the receptacles in the landscape contract. All Members expressed their desire to see an actual receptacle instead of only a photo. Mr. Jones stated that he would get in touch with the manufacturer to see if there were any in the area that could be examined by the Board. Mr. Webster stated that certain members would be in Los Angeles on May 16-18 to attend the NAHRO Conference, and perhaps they could inspect a receptacle in Los Angeles while they are there. After discussion, motion was made by Wein and seconded by Austin to table the purchase of receptacles until the Board has a chance to examine the proposed concrete types. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Austin and Webster Noes: None Abstention: None Absent: None CALIFORNIA THEATER: Messrs. Ward Mathews, Dale Jenks, and Kornblum were presented to the Members representing the Civic Light Opera Association. At the last regular meeting the Members authorized the purchase of the California Theater for the amount of the existing Trust Deed, held by National General Corporation in the amount of $132,000, together with attendant costs. It was proposed that the theater would then be leased to the Civic Light Opera. This method would require a quit claim deed from Civic Light Opera Association to the Agency. 1761 Mr. Mathews stated that such a deed would probably violate the terms of the trust agreement, which was the source of the $118,000 already spent in the acquisition of the theater. The money in the trust came from contributions by individuals of the City. Mr. Mathews stated that in order to avoid this violation, the Civic Light Opera suggests that the Agency purchase their promissory note secured by the first deed of trust. This note amounts to approximately $139,000. An additional $118,000 is also required for the refurbishing done to the theater. Mr. Mathews stated that if the Agency will purchase this promissory note, they would request that the Agency postpone foreclosure five years, and Civic Light Opera would pay the interest on the note, with a one year notice to cure any default during that five year period. No lease agreement would be executed and the Civic Light Opera would retain control. Mr. Varner stated that according to the California Law a Local Agency is authorized, if directed by the local legislative, to purchase property outside of a redevelopment project area for public purposes. The Agency is not allowed under California Law to be placed in the position of a mortgage banker. Mr. Mathews stated that if it is determined that there is no violation of the trust to execute the quit claim deed, the lease proposed would have to be re- vised somewhat. Their main point of concern was regarding the income from the tenant buildings on the property. htr. Mathews stated that their approximate yearly income from this property is $6,000, all of which is needed in order to maintain their theater. This matter was discussed in detail with no definite conclusion made. Mr. hiathews stated that if the note is not paid by May 6th, National General can foreclose. If they do the property will go to public bid. After much discussion it was determined that the only method feasible would be for the Civic Light Opera to proceed with a Declaratory Relief Action to determine if it would be a violation of their trust to execute a quit claim deed to the Agency for this property. Motion was made by Austin and seconded by Wein tabling any action on the California Theater purchase until such time as a legal determination is made regarding the purchase of the First Trust Deed by the Agency. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Austin and Webster Noes: None Abstention: None Absent: None PROPOSALS FOR BACKFILL: Mr. Quinn explained that when the parking lot was paved for the two level mall, the paving was stopped short of the mall area and the fill was brought in on a slope. The time has come for the Agency to complete the backfill and have the manholes put at final grade. Bids were obtained for the back- fill; the lowest being received from Presco Building Materials in the amount of $9,970.00. CHJ Material Laboratory has agreed to do the testing and inspection on this backfill for $700.00. After discussion the following resolutions were introduced: 1762 RESOLUTION N0. 2387 RESOLUTION AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO AGREEt4ENT WITH PRESCO BUILDING MATERIALS, INC. FOR SERVICES TO BE PERFORMED WITHIN THE 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 execu- tion of the Central City Project, Calif. R-79; and WHEREAS, it has become necessary to complete the fill and compaction around Building "B" and "F" using the stockpiled material on site; and WHEREAS, fill material shall be placed and compacted to the subgrade elevation of the existing parking lot; and WHEREAS, surface will receive fill material and shall be prepared as directed by the Soil Engineer; and WHEREAS, compaction equipment and method and degree of compaction shall be approved by the Soil Engineer; and WHEREAS, fill material shall be placed in lifts not exceeding 8" in loose thickness brought to the proper moisture content and compacted to at least 907 of maximum density obtainable at optimum moisture content, as determined by ASTh1 Designation D-1557; and WHEREAS, this Agency solicited 3 bids to perform said work; and WHEREAS, Presco Building Materials, Inc. submitted a bid of $9,970.00 and is deemed the most advisable for this Agency to accept. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be authorized to enter into Agreement with Presco Building Material, Inc. for an amount not to exceed $9,970.00 in behalf of the Agency. Adopted: April 15, 1971 RESOLUTION NO. 2388 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING Ah1ENDF1ENT N0. 3 TO CONTRACT FOR MATERIAL TESTING SERVICES, C H J V1TERIALS LABORATORY, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, 1763 entered into a Contract with C H J Materials Laboratory for f9aterial Testing Services in connection with the construction of the Central City P1all under Contract dated July 29, 1969; and WHEREAS, additional testing in the area of Building "B" and "F" for backfill and compaction has became necessary; and WHEREAS, C H J Materials Laboratory submitted a proposal of $700.00 for said services; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino that the Chairman and Secretary are hereby authorized to execute Contract Amendment No. 3 with C H J Materials Laboratory for an additional fee not to exceed $700.00. Total revised Contract Price shall not be $31,832.70. Adopted: 4-15-71 Motion was made by Austin and seconded by Gutierrez authorizing the adoption of Resolutions No. 2387 and 2388. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: None Three bids were received for placing the manholes at grade level. The lowest was received from B. W. B. Construction for $515.00. After discussion, the following resolution was introduced: RESOLUTION N0. 2389 RESOLUTION AUTHORIZING THE CHAIRh1AN AND SECRETARY TO ENTER INTO AGREEMENT WITH B W B CONSTRUCTORS, INC. FOR SERVICES TO BE PERFORf4ED WITHIN THE CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, the Agency has under date of h1arch 27, 1967, entered into a Contract far 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, there are three existing sewer manholes that will require raising up to the existing grade of the parking lot around the area of Building "F". To reach the elevation of the parking lot, the manholes need to be raided approximately 4 feet. This work should be accomplished concurrently with the backfill operations to be performed by Presco Building taterials, Inc; and WHEREAS, this Agency solicited bids from 3 firms for said work; and WHEREAS, the bid of B W B Constructors, Inc. in the amount of $515.00 is deemed the most advisable for this Agency to accept. 7764 NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be authorized to enter into Agreement with B W B Constructors, Inc. for an amount not to exceed $515.00 on behalf of the Agency. Adopted: 4-75-71 f4otion was made by Wein and seconded by Austin authorizing the adoption of Resolution No. 2359. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, Gutierrez and Webster Noes: None Abstention: None Absent: None DISPOSAL OF TEMPORARY SIDING: I4r. Quinn explained that after discussions with Central City Company, they have determined that they can restrict their cutting of the mall siding to only about two feet in order that the tenant stores can tie into the mall. The remaining siding will remain in order to protect the mall from weather and act as a security precaution. By this method, the salvage will not be entirely scrap. Mr. Wein stated that there is a possibility that the salvage can be sold to individuals or firms as siding. After further discussion, the following resolution was introduced: RESOLUTION N0. 2390 RESOLUTION OF ThIE REDEVELOPhIENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING CENTRAL CITY COMPANY TO CUT OFF P4ALL SIDING, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, the remaining siding will remain in order to protect the Mall from weather and act as a security precaution; and WHEREAS, method of cutting off top of siding will increase possibility that removed siding can be disposed of to individuals and/or firms as siding, rather than scrap; and WHEREAS, the Agency has reviewed the circumstances presented and have determined that siding will be disposed of to highest bidder. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Central City Company is hereby authorized to cut off Mall siding in such a manner as to allow the tenant buildings to be attached to the mall structure. Removal and disposal of said siding will be at the discretion of Agency at later date. Adopted: 4-15-71 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2390. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Austin and Webster Noes: None Abstention: None Absent: None 1765 REVIEW OF DEVELOPMENT PROGRESS - R-79: Mr. Quinn reported as follows: Central City Company's walls for tenant stores are under construction. Harris Company is progressing steadily. Santa Fe Federal Savings and Loan have opened bids for construction. James Powers submitted the low bid. Wells Fargo has started construction. A meeting is being held this week with CHJ Material Lab, Krueger Engineering, and Donovan Construction regarding the parking structure area. The lot at Court and "E" is being modified for City parking, in order that the adjacent lot can be used by Donovan and James Powers as construction yards. 6:25 p.m. - Mr. Austin was excused from the meeting. CENTRAL CITY BROCHURES: Authorization was requested to purchase 5,000 4-page Central City Brochures. Bids were received, the lowest being received from Inland Printing and Engraving in the amount of $450.00. The following resolution was introduced: RESOLUTION N0. 2391 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURES OF $450.00 FOR THE PURCHASE OF 5,000 CENTRAL CITY BROCHURES WHEREAS, it is the desire of the Redevelopment Agency of the City of San Ber- nardino, California, to purchase 5,000 4-page color Central City Brochures far use as hand-out material to perspective developers and interested citizens. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the expenditure of $450.00 for the purchase of 5,000 Central City Brochures, from Inland Printing and Engraving Company, is hereby authorized. Adopted: 4-15-71 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2391. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez and Webster Noes: None Abstention: None Absent: Austin 6:30 p. m. - 4ir. Austin returned to the meeting. 1766 RELOCATION OF GAS SERVICE AND DIETER - ANDRESON BLDG: Mr. Quinn explained that the existing gas meter and service line located on the northwest corner of the Andreson Building needs to be removed and installed elsewhere. The existing facility will be in the way of the brick wall of build- ing "E" now being constructed by Ernest Hahn, Inc. The Southern California Gas Company will install a new meter inside the Andreson Building at no cost to the Agency or the owner. The Gas Company is not allowed to do any work before the meter, therefore, a plumbing contractor is required to pick up service at the meter and connect same to lines existing within the building. Bids were solicited the lowest being received from Nelson Plumbing in the amount of $833.00. Mr. Quinn stated that this has been discussed with the architect for Allied Properties and he is in agreement. After discussion, the following resolution was intro- duced: RESOLUTION N0. 2392 RESOLUTION AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO AGREEM1IENT WITH NELSON PLUMBING FOR SERVICES WITHIN THE CENTRAL CITY MALL AREA, 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, an existing gas meter and service line located on the northwest corner of the Andreson Building needs to be removed and installed elsewhere. The existing facility will be in the way of the brick wall of Building "E" now being constructed by Ernest W. Hahn, Inc. Said gas service line also served buildings that have since been demolished with only the meters removed; and WHEREAS, the Southern California Gas Company was contacted and said Gas Company will install a new meter inside the Andreson Building at no cost to this Agency or Owner; and WHEREAS, inasmuch as the Gas Company is not allowed to do any work before the meter a Plumbing Contractor would be required to pick up service at the meter and connect same to lines existing within the building; and WHEREAS, this Agency solicited proposals from three plumbing contractors; and WHEREAS, Nelson Plumbing submitted a proposal for said work in an amount not to exceed $833.00 and is deemed the most advisable for this Agency to accept. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment P.gency of the City of San Bernardino, California that the Chairman and Secretary be hereby authorized to enter into Agreement with Nelson Plumbing fora sum not to exceed $833.00 on behalf of said Agency. Adopted: 4-15-71 1767 P1otion was made by Austin and seconded by Gutierrez authorizing the adoption of Resolution No. 2392. The motion was carried by the following vote, to wit: !{yes: Austin, Gutierrez and Webster Noes: None Abstention: Wein Absent: None WOOLWORTH DELIVERY CHUTE - SOUTHERN CALIFORNIA GAS CANOPY: f-0r. Quinn explained that due to the widening of Fourth Street, Southern Califor- nia Gas Company's canopy and Woolworth's delivery chute will have to be re- constructed. Bids were obtained for the engineering costs to prepare the plans to modify these two items, as follows: Arrowhead Engineering Woolworth: $1,200 Gas Company $500.00 C. T. Engineering Woolworth: 500 150 Mr. Wein stated that the contractor will prepare a sketch of the work to be accomplished, and in that way you can save on engineering plans. Mr. Reynolds stated that he would look into this regarding the Gas Company canopy. It was explained that the delivery chute for Woolworth's is too involved for this type of procedure. The chute is mostly concrete and engineering plans are necessary. After further discussion, the following resolution was introduced: RESOLUTION N0. 2393 RESOLUTION OF THE REDEVELOPMENT AGEPJCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH C T ENGINEERING CORP. FOR PREPARING OF PLANS AND SPECIFICATIONS FOR MODIFICATION OF DELIVERY CHUTE, WOOLWORTH BUILDING, CENTRAL CITY PROJECT tJO. 1, CALIF. R-79 WHEREAS, the Agency has under date of ttarch 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. 1, Calif. R-79; and WHEREAS, the Agency called for proposals for certain engineering services to be performed within the Central City Project No. 1; and WHEREAS, C T Engineering Corp. submitted the most favorable proposal to per- form said work in the amount of $500.00. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the proposal of C T Engineering Corp. in the amount of $500.00 be hereby accepted and the Chairman and Secretary be hereby authorized to execute the Contract for f1odification for Woolworth Building Delivery d~ute, Central City Project No. 1. Adopted: 4-15-71 t~Gs Motion was made by Austin and seconded by Wein authorizing the adoption of Resolution No. 2393. The motion was carried by the fallowing vote to wit: Ayes: Austin, Wein, Gutierrez and Austin Noes: (lone Abstention: None Absent: None ADJOURNh1ENT: I-iotion was made by Austin and seconded by Gutierrez to adjourn the meeting at 6:50 p. m. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster Noes: fJone Abstention: None Absent: IJone 17FS h1INUTES OF THE SPECIAL MEETIfJG OF THE REDEVELOPMENT FlGENCY OF THE CITY OF SAPJ BERPJARDINO, CALIFORNIA HELD THE 4TH DAY OF h1AY, 1971, 320 NORTH "E" STREET, SAfJ BERNARDINO, CALIFORNIA The Chairman reported that this Special fleeting has been called pursuant to a duly executed Notice of Special Meeting. Said notice is as follows: 1. NOTICE OF SPECIAL f9EETING OF THE REDEVELOPf•1ENT AGENCY OF THE CITY OF SAPJ BERNARDINO, CALIFORNIA NOTICE is hereby given that a Special Meeting of the Members of the Redevelopment Agency of the City of San Bernardino, California, will be held at 1:00 p.m., Tuesday, May 4, 1971, 320 florth "E" Street, Roam 403, San Bernardino, California, the regular meeting place thereof, for the following purpose: Purchase of California Theater DATED this 30th day of April, 1977 s/P. W. Quinn, Jr. P. W. Quinn, Jr. Secretary-Treasurer 2. CERTIFICATE OF SERVICE I, P. W. QUINN,,JR., Secretary of the Redevelopment Agency of the City of San 6ernardino, California, HEREBY CERTIFY, that on the 30th day of April, 1971, 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 Ber- nardino, California, in the following manner: BY UNITED STATES MAIL WITNESS my hand and the seal of the Redevelopment Agency of the City of San Bernardino, California, this 30th day of April, 1971. s/P. W. QUINN, JR. P. W. Quinn, Jr. Secretary-Treasurer The Chairman called the meeting to order at 1:05 p.m. Roll Call showed the following: Agency Members Present: Austin, Wein, Gutierrez and Webster Agency Members Absent: None Also Present: hlr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary f•1r. Webster stated that at the last meeting the possibility was raised that if the Civic Light Opera Association executed a quit claim deed, transfering title of the California Theater to the Agency, it would be a violation of the terms of the trust agreement. Mr. Austin asked if this situation has been 1770 resolved. Mr. Varner stated that it has. A letter was presented from Jr. Joe Sax, Attorney with the firm of Surr & Hellyer. 14r. Sax drafted the Civic Light Opera Association Trust. hir. Sax' letter stated that it is the opinion of Surr & Hellyer that such a transfer is within and in accordance with the pro- visions of the Trust. Mr. Sax was presented to the f~lembers and reaffirmed his opinion. Surr & Hellyer has offered to file an action to ratify the legality of the transfer through court action, if the Agency feels such action is necessary. Mr. Varner stated that it is his recommendation that the opinion of Surr & Hellyer be accepted. The principle purchase price for the theater is $132,000, plus additional costs incurred, such as interest, foreclosure costs, attorneys fees, etc. The total price will be approximately $139,000 - $ 140,000. Mr. Varner recommended that the letter from Mr. Sax along with the Declaration of Trust and the Resolution regarding the California Theater be spread on the Minutes. The Chairman directed same. Said documents are as follows: May 4, 1971 The Redevelopment Agency of the City of San Bernardino, California 320 North "E" Street San Eernardino, California Re: California Theater Gentlemen: The undersigned drafted the San Bernardino Civic Light Opera Association Trust, copy of which is attached hereto. We have at the re- quest of the San Bernardino Civic Light Opera Association reviewed the proposed transfer by the San Eernardino Civic Light Opera Association to the Redevelopment Agency of the City of San Bernardino, California, of the California Theater property which ~•~as originally obtained by the use of a portion of the corpus of the Trust. In our opinion such conveyance is comprehended within and in accordance with the provisions of the said Trust. If the Redevelopment Agency of the City of San Bernardino, California should deem it necessary and desireable, we would hereby offer to file and prosecute to completion an action to ratify the legality of the transfer without expense to the Redevelopment Agency. Due to the press of the pending Trustee's Sale the filing of such action would, of necessity, have to occur after the conclusion of the transfer. Yours very truly, SURR & HELLYER By S/Joe Sax Joe Sax JS:Ib Encl. v~l DECLARATION OF TRUST TITLE INSURANCE AND TRUST COf4PANY, a corporation, hereinafter referred to as "Trustee", hereby declares that certain donors, hereinafter collectively referred to as "Trustor", have transferred and delivered upon the trusts herein set forth certain contributions to Trustee for the use and benefit of SAN BERNARDINO CIVIC LIGHT OPERA ASSOCIATION, a corporation, hereinafter referred to as "Beneficiary". Trustor and others have indicated a desire to continue such contributions from time to time and that the said contributions shall also be subject to this trust. All property now or hereafter subject to this trust shall be held, managed and distributed as hereinafter set forth. FIRST: The Trustee shall receive any such contributions paid to it in cash or in other property acceptable to it. All such contributions so received, to ether with the income therefrom (hereinafter referred to as the "Trust Fund"~ shall be held, managed and administered pursuant to the terms of this Declaration. SECOND: Anything contained in this Declaration to the contrary notwithstanding, the Trust Fund (other than such part as may be required to pay taxes and administration expenses, if any) shall be used exclusively for literary or educational purposes and no part of the Trust Fund shall inure to the benefit of any private shareholder or individual or Trustor, and no sub- stantial part of the activities of the trust shall consist of carrying on of propaganda, or otherwise attempting to influence legislation, nor shalt any of the Trust Fund be used in connection with any participation or inter- vention in any political campaign on behalf of any candidate for public office; it being the intention that at all times the Trust Fund shall be tax exempt, and that contributions to the Trust Fund shall be deductible from taxable income to the extent allowed by the provisions of the Internal Revenue Code and other applicable legislation and regulations. Specifically the Trust Fund shall be used in the order of priority as follows: 1. For expenses incurred in connection with the current campaign for contributions for purchase and refurbishing of the California Theater. 2. For application to the purchase price of the California Theater as provided in escrow Number 535468-LP1 at Title Insurance and Trust Company. 3. For payment of expenses of alteration and repair of the Califor- nia Theater as determined by the Board of Directors of the San Bernardino Civic Light Opera Association. 4. The excess, if any, shall be used for the establishment of a theatrical and fine arts foundation which will provide the San Bernardino Valley area with facilities for the teaching and development of musical artists in the fields of dancing, drama, stagecraft, theater management and allied areas. lnz THIRD: The Trustee shall from time to time on the written direction of the officers of beneficiary, make payments out of the trust fund to such persons, corporations or associations in such manner, in such amounts and for such pur- poses as may be specified in the written directions of such officers. A determination by the Board of Directors that expenditure of the trust funds for any general or specific purpose is comprehended within or in accor- dance 4Jlth the purposes of this trust shall be conclusive. FOURTH: In the event that tiie contributions to the Trust Fund are insuf- ficient to permit the consummation of the purchase of the California Theater in accordance with the terms of the said escrow instructions or under such other terms as Beneficiary may arrange for the purpose of purchasing said theater within the term of said escrow (including extensions thereof which may be agreed upon by the parties thereto) then, in such event, after deducting the expenses of conducting the current campaign for contributions and expenses of this trust the trustee shall refund to each contributor a pro-rata share of any excess. FIFTH: The Trustee shall have the following powers and authority in the administration of the Trust Fund: (a) With any cash at any time held by it to purchase or subscribe for any securities or other property and to retain in trust such securities or other property; (b) To sell for cash or on credit, to convert, redeem, exchange for other securities, or other property, or otherwise dispose of any securities or other property at any tune held by it; (c) To settle, compromise or submit to arbitration, any claims, debts or damages due or owing to or from the trust, to commence or defend suits or legal proceedings and to represent the trust in all suits or legal proceedings; (d) To exercise any conversion privilege and subscription right available in connection with any securities or other property at any time held by it; to consent to the organization, consolidation, merger or readjustment of the finances of any corporation, company or association, or to the sale, mort- gage, pledge or lease of the property of any corporation, company or association any of the securities of which may at any time be held by it and to do any act with reference thereto, including any exercise of options, the making of agree- ments or subscriptions and the payment of expenses, assessments or subscriptions which may be deemed necessary or advisable in connection therewith, and to hold and retain any securities or other property which it may so acquire; (e) To vote personally or by general or limited proxy, any shares of stock which may be held by it at any time, and similarly to exercise per- sonally or by general or by limited power of attorney any right appurtenant to any securities or other property held by it at any time; 1773 (f) To borrow money in such amounts and upon such terms and conditions as shall be deemed ad visable or proper to carry out the purposes of the trust and to pledge any securities or other property for the repayment of any such loans; (g) To hold part or all of the Trust Fund uninvested; (h) To employ suitable agents and counsel and to pay their reasonable expenses and compensation from the Trust Fund; (i) To register any securities held by it hereunder in its own name, or in the name of any nominee, with or without the addition of words indicating that such securities are held in a fiduciary capacity and to hold any securities in bearer form; and (j) To make, execute and deliver, as Trustee, any and all deeds, leases, mortgages, conveyances, contracts, waivers, releases and other instruments in writing necessary or proper for the accomplishment of any of the foregoing powers; (k) To permit Beneficiary to utilize all pledges of con- tributions which may be received as collateral security for any loan to be made to Trustee or to Beneficiary or to both for the purpose of obtaining funds to carry out the purposes of this trust as herein provided. SIXTH: The words "securities or other property" as used in this Declaration shall be deemed to refer to real or personal property, stocks, common or preferred, or any other interest in any corporation, bonds, notes or other evidences of indebtedness, or ownership, unsecured or secured by mortgages on real or personal property wherever situated, even though the same may not be legal investments fora Trustee under the laws applicable hereto. SEVEPITH: The Trustee shall be fully protected in acting upon any instrument, certificate, or paper, believed by it to be genuine and to be signed or presented by the proper person or persons, and the Trustee shall be under no duty to make any investigation or inquiry as to any statement contained in any such writing, but may accept the same as conclusive evidence of the truth and accuracy of the statements therein contained. The Trustee shall not be liable for interest on cash balances. Fl11 persons dealing with the Trustee are released from inquiry as to the decision or authority of the Trustee and from seeing to the application of any moneys, securities or other property paid or delivered by the Trustee. The Trustee shall not be liable hereunder except for its own negligence or willful misconduct. The Trustee shall serve with compensation at the rate of $50.00 per month, provided, also that the Trustee shall be reimbursed by the Trust for any legitimate expenditures on its behalf. EIGHTH: This Trust shall be irrevocable by Trustor, but may 1774 be terminated at any time by the Board of Directors of Beneficiary, and upon the termination of the trust the Trust Fund shall be distributed by the Trustee subject to the provisions of Article Second hereof. This Declaration may be amended or modified at any time by the Board of Directors of Beneficiary, provided that; 1. PJo amendment or modification may be made which will result in preventing the Trust Fund from being Tax Exempt and the donations to the Trust Fund from being deductible from the taxable income of any Trustor, to the extent allowed by the provisions of the Internal Revenue Code and other appli- cable legislation and regulations; 2. Paragraph Fourth and paragraph Eighth may not be amended; and 3. No amendment or modification shall alter the basic purpose for which the trust is created. NINTH: This Declaration and the trust created hereby shall be construed, regulated administered under the laws of the State of California, and the Trustee shall be liable to account only in the Courts of that State. All con- tributions to the trust shall be deemed to take place in the State of California. TENTH: This trust shall be known as the SAN BERNARDINO CIVIC LIGHT OPERA ASSOCIATION TRUST. IN WITNESS WHEREOF, this instrument has been executed at San Bernardino, California, this 20th day of December, 1965. TITLE INSURANCE AND TRUST COMPANY, a corporation APPROVED: Joe Sax Attorney for San Bernardino Civic Light Opera Association By R. S. Branch Trustee SAN 6ERNARDINO CIVIC LIGHT OPERA ASSOCIATION By Alexandra Grow Jenks President By Fay Rodgers Secretary RESOLUTIONS REGARDING THE CALIFORNIA THEATER WHEREAS, The San Bernardino Civic Light Opera Associaton, a corporation, has heretofore purchased from Fox West Coast Theatres Corporation, through Escrow No. 535468-CEL at Title Insurance and Trust Company, the California theater and through said escrovr gave to Fox West Coast Theatres Corporation a purchase money note and trust deed in the amount of 5175,000.00 (all real 1775 property and improvements hereon acquired through said escrow shall hereinafter be referred to as the "California Theater"), and WHEREAS, the San Gernardino Civic Light Opera Association is the Beneficiary under that certain Ceclaration of Trust vaherein Title Insur- ance and Trust Company is Trustee and the Trustors are the donors who have from time to time contributed and pledged for the purposes in said trust specified, including the purpose of acquisition by the San Bernardino Civic Light Opera Association of the California Theater, (said Trust will be hereinafter referred to as the "California Theater Trust"), and WFIEREAS, the purchase money note given to Fax West Coast Theatres Corporation is all due and payable and is currently in default and the present Beneficiary under the said trust deed has declared the said default and its election to ca use the. California Theater to be sold and Motice of Trustee's Sale to be duly given and the said Trustee's Sale is currently scheduled to occur on f•1ay 6, 1971; and WFIEREAS, the San Bernardino Civic Light Opera Association is currently without funds either in the said California Theater Trust or otherwise to pay the indebtedness evidenced by the said purchase money note and the California Theater is in danger of being lost through the conduct of the Trustee's Sale, and WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, has heretofore offered to pay off the remaining indebtedness on the California Theater in consideration of a quitclaim by the San Bernardino Civic Light Opera Association of the California Theater and thereafter to lease the California Theater to the San Bernardino Civic Light Opera Asso- ciation, and WHEREAS, the San Bernardino Civic Light Opera Association is of the opinion that in view of the pending loss of the California Theater that it is in the best interests of the San Bernardino Civic Light Opera Association and in keeping with the intent and purpose of the said California Theater Trust that the California Theater be deeded to the Redevelopment Agency of the City of San Gernardino, California, and leased back. NOW, THEREFORE, be it and it is hereby resolved that the officers of this corporation are hereby authorized and directed to make, execute and deliver to the Redevelopment Agency of the City of San Bernardino, California, a quitclaim or other deed in form acceptable to the Redevelopment Agency of the City of San Gernardino, California, of all right, title and in- terest of the San Bernardino Civic Light Cpera Association in or to the California Theater. RESOLVED FURTFIER that said officers are hereby authorized and directed to enter into a lease of the California Theater with the Redevelopment Agency of the City of San Bernardino, California, 1776 RESOLVED FURTHER, that the Board of Directors does hereby determine that the conveyance by the San Bernardino Civic Light Opera Association to the Redevelopment Agency of the City of San Bernardino, California, of the California Theater is made in order to avoid the loss of the California Theater through the exercise of the power of sale contained in the said purchase money trust deed and is comprehended within and in accordance with the purposes of the said California Theater Trust. CERTIFICATE OF SECRETARY The undersigned, secretary of San Bernardino Civic Light Opera Association, a corporation, hereby certifies that the foregoing is a true and correct copy of resolutions adopted by the board of Directors of said cor- poration at a meeting thereof held on April 28, 1971, and that said resolutions have not been revoked by said Board of Directors. DATED: April 29, 1971 Fay L. W. Rodgers Secretary Mr. Varner stated that if the Agency authorizes the sale, the lease will be negotiated with the Civic Light Opera. The Agency will have complete control of the terms of the lease. P1r. Webster asked Mr. Varner if the purchase of the theater would be financially feasible for the Agency. Mr. Varner stated that it would. After careful review, the following resolution was introduced: RESOLUTION PJO. 2394 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERfJARDINO, CALIFORNIA, REAFFIRP1ING THE AGENCYS AUTHORIZA- TION TO PURCHASE THE CALIFOPNIA THEP,TER WhIEREAS, under Section 33396, California Health and Safety Code, a Local Public Agency is authorized, if directed by the local legislative, to purchase pro- perty outside of a redevelopment project area; and WHEREAS, Resolution No. 10663, of the flayor and Common Council of the City of San 6ernardino directed the Redevelopment Agency of the City of San 6ernardino to acquire that certain real property commonly known as the California Theater; and 4JHEREAS, after careful consideration, the Redevelopment Agency, by Resolution No. 2381, adopted 3-18-71, authorized the purchase of the California Theater, for the amount of the existing first Trust Deed, held by National General Corporation in the amount of $132,000 together with attendant costs; and vn WHEREAS, said purchase was contingent upon the execution by California Civic Light Opera of a Quit Claim Deed to the Redevelopment Agency; and WHEREAS, it was determined by the California Civic Light Opera Association that such execution might constitute a violation of their Trust Agreement; and WHEREAS, a legal opinion has been obtained from the firm which drafted said Trust Agreement, stating that it is their opinion that such a transfer is within and in accordance vrith the provisions of the Trust Agreement; and WHEREAS, the Agency Members have carefully reviewed all documentation and have determined that the purchase of the California Theater would be to the best interest of the public, the City of San Bernardino, and the Redevelopment Agency. NOW, THEREFORE, 6E IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that pursuant to Resolution No. 10663, of the P~ayor and Common Council, the purchase of the California Theater is hereby authorized, at a cost not to exceed $132,000 plus all costs of the sale. BE IT FURTHER RESOLVED that all operational and leasing arrangements shall be subject to the approval of the Redevelopment Agency of the City of San Bernardino. Adopted: 4-5-7T Motion was made by Wein and seconded by Austin authorizing the adoption of Resolution No. 2394, authorizing the purchase of the California Theater at a cost not to exceed $132,000 plus all costs of the sale, with all operational and leasing arrangements to be subject to the approval of the Redevelopment Agency. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, Gutierrez and Webster Noes: None Abstention: None Absent: None h1r. Sax presented to h1r. Quinn an executed Quit Claim Deed. The Chairman instructed the Secretary and Agency Counsel to prepare all necessary documen- tation. ADJOURNMENT: Motion was made by Austin and seconded by Gutierrez to adjourn the meeting at 1:10 p.m. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: None 1773 h1INUTES OF THE REGULAR f4EETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 6TH DAY OF MAY, 1971, 320 fJORTH "E" STREET, SAN BERNARDINO, CALIFORNIA The Chairman called tfie meeting to order at 4:05 p.m. Roll Call showed the following: Agency f4embers Present: Austin, Wein, Gutierrez and Webster Agency Members Absent: None Also Present: Pir. Quinn, Executive Director; Mr. Varner, Agency Counsel; and P1rs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of April 15, 1971 were submitted for approval. Motion was made by Austin and seconded by Gutierrez approving the Minutes of April 15, 1971 as submitted. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: fJOne The Minutes of the Special Fleeting of May 4, 1971 were submitted for approval. h1otion was made by Wein and seconded by Austin approving the Plinutes of Play 4 1971 as submitted. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, Gutierrez, and Webster Noes: None Abstention: None Absent: fJone REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. HARRIS COMPANY - USE OF EAST COURT OF MALL - DEPARTMENT MANAGERS MEETING: P1r. Quinn stated that the fiarris Company requested April 28, 1971 fora Department Managers Meeting. and seconded by Gutierrez approving Harris' use of on April 2II, 7971. The motion was carried by the Wein, Gutierrez, Austin and Webster Noes: None Absent: None the use of the East Court on Motion was made by Austin the East Court of the mall Following vote, to wit: Ayes: Abstention: None CERTIFICATE OF COMPLIANCE, MIDLAfJD LIFE INSURANCE, REUSE PARCELS 13b AND 17, R-70: f1r. Quinn stated that they have complied with the terms of the Agreement. The fallowing resolution was introduced: 1779 RESOLUTION N0. 2395 RESOLUTION OF THE REDEVELOPh1ENT AGENCY OF THE CITY OF SAN BERNARDINO, AUTHORIZING ISSUANCE OF REDEVELOPER'S CERTIFICATE OF COMPLIANCE TO h1IDLAND MUTUAL LIFE INSURANCE COMPANY, PORTION REUSE PARCELS 13b and 17, CALIF. R-10 WHEREAS, the Midland Mutual Life Insurance Company, an Ohio Corporation herein- after called the Redeveloper, has entered into an Agreement and Grant Deed with the Redevelopment Agency of tFie City of San Cernardino; and WHEF;EAS, said Agreement, dated December 15, 1969 was recorded on h1arch 24, 7971 in Eook 7632 on page 539 and said Grant Deed dated January 6, 1970 was re- corded on March 24, 1971, in Book 7632 on page 530, both in the Official Records of the County Recorder of the County of San Bernardino, State of California; and IJIIEREAS, in Section 3 of said Agreement and in Section 4 of said Grant Deed Redeveloper covenanted and agreed, to construct certain improvements on the here- inafter described real property, within the time and in the manner set forth in said Agreement; and WHEREAS, the Agency agreed iri Section 4 of said Agreement and in Section 5 of said Deed to furnish the Redeveloper with an instrument certifying completion 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: A PORTION OF RE-USE PARCEL N0. 17 That portion of Lots 2 and 3, Block 14, CITY OF SAN BERNARDINO, as per map recorded in Book 7, page 1, of Maps in the Office of the Recorder of said County described as follows: Beginning at the intersection of a line parallel with and distant 167.00 feet Northerly, measured at right angles, from the South line of said Block 14, with a line parallel with and distant 248.50 feet Easterly, measured along said Southline, from the West line of said Block 14; thence South 89°57'32" East along the first mentioned parallel line, 50.34 feet to the East line of said Lots 2 and 3, thence South 0°00'24" East along said East line, 26.50 feet to the Northerly line of Re-use Parcel 186 as described in deed to Phil Shanedling Company recorded October 9, 1967 in Book 6902, page 935, Official Records of said County; thence along said Northerly line the following courses: North 89°57'32" West 40.00 feet; thence South 0°00'24" East 73.00 feet; thence North 89°57'32" West 10.34 feet to said parallel line 248.50 feet Easterly from said West line; thence North 0°00'16" West along said parallel line, 39.50 feet to the Point of Beginning. The above described parcel contains 1,468 Square Feet. 1760 A PORTION OF RE-USE PARCEL 136 That portion of Lot 3, Block 14, CITY OF SAN BERNARDINO, as per map recorded in Book 7, page 1, of Maps in the Office of the Recorder of said County, described as follows: Beginning at the intersection of a line parallel with and distant 167.00 feet Northerly, measured at right angles, from the South line of said Block 14, South line, from the West line of said Block 14; thence South S9°57'32" East along the first mentioned parallel lines 0.23 foot to the most Westerly corner of Reuse Parcels 13C and 146 as described in deed to Phil Shanedling Company recorded October 9, 1967 in Book 6902, page 935 Official Records of said County; Northeasterly along the Westerly line of said Re-use Parcels and along a curve concave Southeasterly with a radius of 346.77 feet, from an initial tangent of North 38°13'50" East and through a central angle of 4°20'16", a distance of 26.25 feet to a line parallel with and distant 187.00 feet Northerly, measured at right angles, from said South line; thence North 89°57'32" West along said parallel line, 17.24 feet to said parallel line 248.50 feet Easterly from said West Line; thence South 0°00'16" East along said parallel line, 20.00 feet to the point of beginning. The above described parcel contains 170 Square Feet. 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 Redevelopers have fully satisfied, terminated and completed for itself, its successors and assigns, all covenants and agree- ments 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 Oeed upon the hereinafter described real property. IT IS FURTHER PESOLVED 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: 5-6-71 Motion was made by Austin and seconded by Gutierrez authorizing the adoption of Resolution tlo. 2395. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: None RECEPTACLES FOR THE MALL: A memorandum was presented from the Operations Department regarding the concrete receptacles and asfi urns for the mall. Plr. Webster stated that he and Mr. Jones looked aver these receptacles at the State College. Photos were presented of these receptacles. The receptacles at the State College do not have flat bottoms. The manufacturer stated that they could be cast with a flat bottom if so desired. The Members determined that the receptacles as presented in the photos should be purchased. Eight receptacles and four ash urns are needed. After discussion, the following resolution was introduced: 17&1 RESOLUTION N0. 2396 RESOLUTION AUTHORIZING THE CHAIRFIAN AND SECRETARY TO ENTER INTO CONTRACT WIThI WESTERN ART STONE COMPANY FOR TRASH RECEPTACLES AND SAND URNS FOR THE WEST COURT OF THE 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 providing for financial aid to the Agency or its' Central City Project No. 7, Calif. R-79 under title I of the Housing Act of 1949, as amended and pursuant to that Contract, the Agency is undertaking certain acitivities necessary for the execution of the Central City Project, Calif. R-79; and WFIEREAS, inasmuch as the West Court Area of the Central City Mall will be used far public occasions until stores around the Flall are occupied, it has become necessary to furnish said area with required trash receptacles and sand urns; and WHEREAS, three firms were contacted and asked to submit proposals for said receptacles and urns; and WHEREAS, Western Art Stone Company submitted a proposal, including transpor- tation from the factory, in the amount of $1,020.40 and is deemed the most advisable far this agency to accept. 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 Contract with Western Art Stone Company for a sum not to exceed $1,020.40, on behalf of said Agency. Adopted: 5-6-71 Motion was made by Austin and seconded by Gutierrez authorizing the adoption of Resolution No. 2396. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster floes: None Abstention: None Absent: tJone UNDERGROUND OBSTRUCTIONS, UfJIT N0. 74, DONOVAN CONSTRUCTION: f1 r. Quinn requested authorization to reimburse Donovan Construction Company in the amount of $4,319.14 for the removal of underground obstructions in the area of the three level parking structure. The removal by Donovan has already been authorized by Resolution No. 2305. This removal was estimated at $6,200. h1otion was made by Austin and seconded by Gutierrez authorizing the reimburse- ment of $4,319.14 to Donovan Construction Company for the removal of under- ground obstructions, in accordance with Resolution No. 2305. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster floes: None Pbstention: tJone Absent: None nsz DISPOSITION CORNER OF 3RD APJD "D", CENTRAL CITY PROJECT: for. Quinn explained that the Agency has written a letter to Union Realco ex- pressing the Agency's concern regarding the delay of a concrete commitment on 3rd and "D". The Agency has received a letter from Union Realco indicating their inability to perform due to lack of a major tenant. A letter has been received from the developers (Driver/Eichelberger) requesting withdrawal of their Offer and refund of their option deposit. Copies of all correspondence was provided the Members. Mr. Quinn further explained that United California Bank has submitted an Offer to purchase this property. He stated that this item had not been placed on the Agenda before now, because the letter was just received last night. United California Bank's offer states that they will execute the Disposition Agreement vrithin 90 days after the Agency's acceptance. The members determined that due to this 90 day period, the refund to Driver/ Eichelberger should be withheld until United California Bank's offer has been accepted by the Agency. The following resolution was introduced: RESOLUTION N0. 2397 RESOLUTION OF THE REDEVELOPh1ENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTFIORIZING CANCELLATION OF OFFER TO PURCHASE BUILDING "D", CIVIC CULTURAL CENTER BLOCK, R-79 SUBPIITTED BY DRIVER/EICHELBERGER WHEREAS, by Resolution No. 2160, the Redevelopment Agency of the City of San Bernardino, California, accepted an Offer to Purchase submitted by C. W. Driver and Ted D. Eichelberger, a partnership, for a portion of Reuse Parcels No. 45 and 50, Calif. R-79; and Wt;EREAS, said corporation has requested their Offer to Purchase be withdrawn and their deposit in the amount of $8,675.00 be refunded; and WhIEREAS, the Agency has received an Offer to Purchase said parcels from United California Bank; and WIIEREAS, United California Bank's offer states that they will execute the Disposition Agreement within 90 days after the Agency's acceptance; fJOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the offer of C. W. Driver and Ted D. Eichelberger, to purchase a portion of Reuse Parcels 45 and 50, R-79 (Building "D" Civic Cultural Center Block) is here withdrawn. BE IT FURTHER RESOLVED that the deposit of $8,675, minus costs, on said property is refundable upon the Agency's acceptance of the Offer to Purchase from United California Bank. Adopted: 5-6-71 1783 Motion was made by Wein and seconded by Austin authorizing the adoption of Resolution No. 2397 authorizing the cancellation of Offer to Purchase pro- perty located at 3rd and "D" Streets, and authorizing refund of developers Option Deposit, minus costs incurred by the Agency, upon acceptance of Offer to Purchase from United California Bank, for said property. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, Webster and Gutierrez Noes: (lone Abstention: None Absent: PJone Mr. William Cool, Assistant Vice President United California Eank, was pre- sented to the Members. Mr. Cool stated that their offer assures the Agency that they will develop an office structure, occupying the ground floor themselves. Their structure will have a minimum of 110,000 sq, ft., and at least 8 stories. Fie stated that the renderings e:ill be presented at a later meeting. After discussion, the following resolution was introduced: RESOLUTION IJO. 2398 RESOLUTION OF THE REDEVELOPP•tENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DETERPQINING THAT UNITED CALIFORNIA BANK OR NOMINEE, A REDEVELOPER, IS QUALIFIED TO REDEVELOP THE CENTRAL CITY PROJECT, PORTIONS OF REUSE PARCELS 45 & 50 AND AUTHORIZING TPJE PUBLICATION OF THE "REDEVELOPER'S STATE- MENT 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, California 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, leas determined that the proposal of United California Bank or Nominee, is in the best interest of the Central City Project add the Re- development Agency of the City of San Bernardino, California; and that the Agency is authorized to publish the "Redeveloper's Statement for Public Disclosure" and a Notice of Public Hearing. Adopted: 5-5-71 Motion was made by Austin and seconded by Gutierrez authorizing the adoption of Resolution No. 2398. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster Noes: None Abstention: PJone Absent: None 17P4 OTHER BUSINESS: Mr. Webster pointed out that the Agency has received a letter from f1r. Catalano, Planning Technician with the City, thanking us for the "loan" of hir. Estevene in the preparation of their airport application package. ADJDURNh1ENT: Plotion was made by Austin and seconded by Wein to adjourn the meeting at 4:30 p.m. The motion was carried by the following vote, to wit: Ayes: Austin, Wein, Webster and Gutierrez Woes: None Abstention: None Absent: None 1785 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD MAY 20, 1977, 320 NORTH "E" STREET, ROOM 403, SAN BERNARDINO, CALIFORNIA The Chairman reported that due to a lack of quorum, the Regular Meeting of May 20, 1971, is postponed until Thursday, May 27, 1971, at 4:00 p.m. 1786 MINUTES OF THE POSTPONED REGULAR MEETING OF THE REDEVELOP- MENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD MAY 27, 1971, 320 NORTH "E" STREET, ROOM 403, SAN BERNARDINO, CALIFORNIA, 4:00 P.M. The Chairman called the meeting to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Webster, Austin, 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 May 6, 1977 were submitted for approval. Motion was made by Austin and seconded by Gutierrez approving the Minutes as submitted. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: None EXPENDITURES: The expenditures for the month of April 1971 were submitted for approval. The rental of space from Ken Bussey for storage of maintenance material and other miscellaneous items was discussed. Mr. Quinn stated that he would look into this matter to see if this much area is still needed. Motion was made by Wein and seconded by Austin approving the Expenditures as sub- mitted. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, Gutierrez, and Webster. Noes: None Abstention: None Absent: None PUBLIC HEARING, SALE OF REUSE PARCELS 45 and 50, CALIF. R-79 (UNITED CALIFORNIA BANK) Mr. Webster stated that this is the time and place designated for the Public Hearing of the sale of Reuse Parcels 45 and 50, Calif. R-79, to United California Bank. Mr. Varner stated that the form of disposition documents are available for public review. Mr. Webster asked if there were any questions or objections to said sale. Mr. Frank Dominguez, Vanair Research, stated that he would object to the sale of this land to United California Bank if the Agency did not recognize and authorize the payment of a Finders Fee to him for his involvement in said sale. The Members noted the objection and the Chairman closed the Public Hearing. REPORT OF AGENCY COUNSEL: Mr. Varner requested that the Executive Director set up a workshop meeting of all members at the earliest possible convenience. Monday, June 7, 1971, was determined to be the best available date. 1787 SALE OF REUSE PARCELS 45 & 50, UNITED CALIFORNIA BANK: Mr. Webster stated that Mr. Cool, United California Bank, has not arrived as yet, and would request that this item be tabled until last on the agenda. All Members agreed. C & J ENTERPRISES, REUSE PARCEL N0. 88, CALIF. R-10, DISPOSITION AGREEMENT: The Disposition Agreement with Reliable Bearing, Reuse Parcel 79, R-10, was dis- cussed. Mr. Quinn stated that Reliable Bearing own the property, but have not been able to comply with the terms of their Disposition Agreement, in that they have not been able to secure a tenant. Mr. Webster stated that the Agency has granted Reliable Bearing many extensions of time on this property. The Agency has been contacted by a developer who is interested in this property and would be in a position to start construction immediately upon Agency approval of the transfer. Mr. Webster asked if Mr. McCririe of Reliable Bearing was present. Mr. Frank Dominguez of Vanair Research stated that he represents Reliable Bearing. Mr. Dominguez stated that Reliable Bearing has been successful in securing a tenant for their property. The proposed development is for a 2,400 sq. ft, restaurant, with 24 parking spaces. A lease has been signed, financing arranged, and a builder retained. Mr. Wein stated that he would be in favor of authorizing another extension, but would like to see an agreement whereby, if the development is not consumated, Reliable Bearing will pay to the Agency, the amount of money which would have been incurred as taxes on the structure. Mr. Dominguez stated that he could not speak for Mr. McCririe regarding this matter. Mr. Brout, the architect, was introduced. Mr. Brout presented the rendering and plot plan for the proposed development. The lot size is 85' x 282'. The proposed development will improve approximately 1/2 of the lot. Mr. Dominguez stated that Reliable Bearing propose to develop the remainder of the parcel at a later date. Mr. Wein stated that he could not see how the Agency could justify the authorization of a development for only 1/2 of the parcel. All members agreed that the Agency should have some guarantee that the remainder of the parcel will be developed and a date same will be done. After discussion, motion was made by Wein and seconded by Austin to table the matter until the next regular meeting in order that Mr. McCririe can be present. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, Gutierrez, and Webster. Noes: None Abstention: None Absent: None CITY HALL RENT: Mr. Quinn explained that some time ago we were requested by City Hall to commit the Agency to renting space in the new City Hall. Some question regarding rental rate and utilities was discussed. The Agency contacted HUD requesting their policy on Redevelopment Agencies occupying rental space in City Halls. HUD's reply was that there were no objections, providing the Agency submit evidence that rental rates to be paid for these quarters is comparable to the rates being charged for similar facilities throughout San Bernardino. A survey was conducted and the rates are comparable. Mr. Topper, Acting City Administrator, feels that $.51 per square foot, inclusive of utilities, would be a fair charge based on other similar facilities. less Mr. Varner stated that if the Agency so desires, it would be in order to pass a motion giving our intent to occupy space in the new City Hall, for $.51 per square foot inclusive of utilities, subject to HUD approval. The amount of space should be negotiated at the time of occupancy. Payment of utilities was discussed. Said utilities would be spelled out in the lease. After discussion, motion was made by Wein and seconded by Austin setting forth the Agency's intent to occupy space in the new City Hall, at the rate of $.51 per square foot, inclusive of utilities. Occupancy shall be in accordance with all State and Federal laws and regulations. The amount of space to be negotiated at the time of occupancy. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, Gutierrez and Webster Noes: None Abstention: None Absent: None RESOLUTION COMMENDING AL C. BALLARD: A proposed resolution of commendation to Al C. Ballard was read to the Members. Certain revisions and additions were made. Mr. Varner stated that if the members so desire, he will make certain changes in wording. All members agreed. The following resolution was introduced: 1789 AWARD OF CONTRACT, UNIT PJO. 12, R-10: Mr. Quinn stated that bids were opened on Mav 17, 1971 for Unit No. 12, R-10. (Warm Creek Channel). The low bid was submitted by f, & G Engineering in the amount of 839,800. The following resolution was introduced: RESOLUTION N0. 2400 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZINf, THE C!iAIRMAN AND SEC- RETARY TO ENTER IMTO CONTRACT I~JITH G R f, ENGINEERING CON- TRACTING, INC., FOR SITE PREPARATION UNIT N0. 12, CALIF. R-70 1790 WHEREAS, the Agency has under date of October 24, 1958 entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agencv 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 Meadowbrook Project, Calif. R-10; and IJHEREAS, the Agency invited competitive sealed bids for Site Preparation Unit 12; and WHEREAS, an Invitation to Bid therefore was duly published in the San Bernardino Sun Telegram, a newspaper of general circulation in the County of San Bernardino on the 19th and 26th of April, 1971 and an Affidavit showing such publication is on file in the office of said Aqency; and WHEREAS, said Invitation called for the receipt of said bids until May 17, 1971 at 4:00 p.m. at the office of the Agencv located at 320 North "E" 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, the lowest qualified bid was offered by ~ & G Engineering Contracting, Inc. in the amount of $39,800.00; and WHEREAS, it appears to said Aqency that said G R G Engineering Contracting, Inc. is qualified to be awarded the contract and it appears in the best interest of this Agency to accept their bid. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agencv 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 G & G Engineering Contracting, Inc. for the sum of $39,800.00 he hereby accepted and the Chairman and Secretary be hereby authorized to executive the Contract for Site Preparation Unit No. 12, Calif. R-10. Adopted: 5-27-71 Motion was made by 14ein and seconded by Gutierrez authorizing the adoption of Resolution No. 2400. The motion was carried by the following vote, to wit: Ayes: Wein, futierrez, Austin and Webster Noes: None Abstention: None Absent: None INSURANCE FOR MALL: Mr. Quinn stated that bids for insurance on the mall were opened May 19, 1971 in accordance with the Invitation to Bid. The Invitation was advertised in the paper and approximately 100 Special invitations were mailed to all local insurance companies. A spread sheet of the bids received was presented to the Members. Morgan R Franz submitted the low bid, from the American Motorists Company, in the amount of $7,072. They also submitted an additional bid from St. Paul with an alternate earthquake coverage of $1,750,000 instead of the specified $2,500,000. This bid was in the amount of $5,821.00. Mr. Varner stated that the bid from St. Paul in the amount of $5,821 is not in accordance with the Invitation to Bid and therefore would have to be rejected. 1791 The amount of earthquake coverage required was discussed. Mr. Wein moved that Morgan & Franz be awarded the contract on the basis of their low bid of $7,012, and then negotiate with them fora lower amount of earthquake coverage. Mr. Austin seconded the motion. Mr. Varner reviewed the matter and stated that the two bids were both submitted by the same insurance agency, but two different companies submitted the two different ratings. After discussion, Mr. Wein re- tracted his motion. The amount of earthquake coverage was further discussed. The following resolution was introduced: RESOLUTION N0, Z401 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ACCEPT THE PROPOSAL OF MORGAN AND FRANZ FOR INSURANCE, EXCEPTING LIABILITY ON THE 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 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 7949, 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 proposals for insurance in the amount of $2,500,000.00 excluding underground construction in the amount of $500,000.00 and fire with Extended Coverage, Special Form with Sprinkler Leadage, 25% Average Clause on Earthquake Sprinkler Leakage with 100% Average Clause attached with deductible clause of $5,000.00 and Earthquake Insurance with 80% Average Clause in the amount of $2,500,000.00; 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 April 28, and May 5, 1971 and an Affidavit showing such publication is on file in the office of said Agency; and WHEREAS, said Invitation called for the receipt of said proposals until May 19, 1971 at 10:00 a.m. at the office of the Agency located at 320 North "E" Street> San Bernardino, California; and WHEREAS, five proposals were received at the time and place above specified and said proposals were opened and read aloud; and WHEREAS, it appears to said Agency that the proposal of Morgan and Franz Insurance with a premium due of $7,012.00 appears in the best interest of said Agency to accept; and NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that subject to the approval of the firm of Morgan & Franz Insurance by the Department of Housing and Urban Development, that said Chairman and Secretary be authorized to accept insurance proposal of Morgan and Franz Insurance fora premium of $7,012.00 on behalf of said Agency. Adopted: 5-27-71 7792 Motion was made by Austin and seconded by Wein authorizing the adoption of Resolution No. 2401. The motion was carried by the following vote, to wit: Ayes: Austin, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None The representative from Morgan and Franz stated that he would deliver a binder to the Agency tomorrow, immediately providing coverage to the mall. AUTHORI7_ATION FOR TRAVEL: A memorandum was presented to the Members from Mr, Quinn requesting authorization to travel to New York to meet with a potential developer regarding a substantial development within the Central City Project. The following resolution was intro- duced: RESOLUTION N0. 2402 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE TRAVEL OF P. W. QUINN, JR., TO NEW YORK, JUNE 3-4, T971 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 P. W. Quinn, Jr „ to travel to New York, June 3-4, 1971, to meet with potential developers regarding a substantial development within the Central City Project NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the travel of P. W. Quinn, Jr., to New York, June 3-4, 7977, to meet with developers regarding Central City Project, is hereby approved, and his travel expenses are hereby authorized in accordance with Resolution No. 2043, as amended. Adopted: 5-27-71 Motion was made by Austin and seconded by Gutierrez authorizing the adoption of Resolution No. 2402. The motion was carried by the following vote, to wit: Ayes: Austin, futierrez, Wein and Webster Noes: None Abstention: None Absent: None RELOCATION AND REAL PROPERTY ACT S-1 94-646 of 1970: Mr. Varner explained that the Relocation and Real Property Acts have been revised by HUD and they have requested that the Agency adopt a resolution providing assurance of compliance with the provisions of said revised acts. Mr. Varner stated that in order for the Agency to receive federal funds we must endorse HUD's policy and adopt such a resolution. A legal opinion is also required. He stated that he would like authorization to prepare this legal opinion. He stated that at the workshop to be held June 7th, he would like to go over this policy with the Members and review with them some of the comments to incorporate in his legal opinion. 1793 The Members asked if the responsibility of the Board will change by adopting this resolution. Mr. Varner stated that this resolution is a formality and that the responsibility of the board will stay the same. After discussion, the following resolution was introduced: RESOLUTION N0. 2403 RESOLUTION PROVIDING ASSURANCE OF COMPLIANCE WITH THE PROVISIONS OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 WHEREAS, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P. L. 91-646, (hereinafter called the "Act") establishes uniform policies for the fair and equitable treatment of individuals, partner- ships, corporations, or associations (hereinafter called "displaced persons") who are displaced as a result of Federal and federally assisted programs, as well as uniform policies on real property acquisition practices with respect to such programs; and WHEREAS, the Act is applicable to various programs and projects receiving financial assistance from a Federal Agency such as the Department of Housing and Urban Development (hereinafter called "HUD"); and WHEREAS, this governing body seeks financial assistance pursuant to a project (s) or a program (s) identified below, which project(s) or program(s) (herein- after called the "Undertaking(s)") is subject to the Act and is administered by HUD; and WHEREAS, the activities for which such assistance is sought will involve dis- placement and/or land acquisition occurring on or after January 2, 1977, the effective date of the Act; and WHEREAS, Sections 210 and 305 of the Act require the provision of certain assurance before the head of a Federal agency can provide financial assistance to pay all or part of the cost of any program or project which will result in displacement or real property acquisition as defined in the Act. NOW, THEREFORE, BE IT RESOLVED BY THIS GOVERNING BODY: A. That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, provided through the adoption of this resolution, with the following assurances regarding conduct by this body of the Undertaking(s) for which Federal Financial assistance is sought: 1. Fair and reasonable relocation payments and assistance shall be provided, in accordance with Sections 202, 203, and 204 of the Act and applicable HUD regulations in effect at the time of dis- placement, to or for displaced persons whose displacement occurs as a result of the undertaking; 2. Relocation assistance programs offering the services described in Section 205 of the Act shall be provided to such displaced persons in the manner provided under applicable HUD regulations in effect at the time of displacement; 1794 3. Within a reasonable period of time prior to displacement, decent, safe, and sanitary replacement dwellings will be available to displaced persons in accordance with Section 205(c) (3) of the Act. 4. In acquiring real property in connection with the foregoing identified projects, contracts or agreements, this governing body will be guided to the greatest extent practicable under state law, by the land acquisition policies set out under Section 301 of the Act and the provisions of Section 302 thereof; 5. Property owners will be paid or reimbursed for necessary expenses as specified in Sections 303 and 304 of the Act; and 6. The costs of providing relocation payments and assistance to the public body's Undertaking(s) shall he borne in accordance with Section 271 of the Act; 7. The public body hereby gives assurance that i applicable State and local law to comply with of the Act, notwithstanding apy provision set assistance agreement(s) between this body and connection hereby authorizes the provision to of its legal counsel to that affect. t has authority under Sections 210 and 305 forth in the financial HUD, and in this HUD of the opinion B. The Chairman or Secretary of this public body is hereby authorized and directed to execute such amendment(s) to the applicable financial assistance agreement(s) between this body and HUD and to execute, furnish, and be bound by such additional documentation as may be required in order to comply with the Act as the Secretary of Housing and Urban Development shall determine necessary to effectuate or implement the assurances provided hereunder. C. This document is hereby made a part of and is incorporated in the financial assistance agreement(s) between this public body and HUD for the Undertaking(s) identified below and shall be deemed to supersede any provision(s) in said agree- ment(s) to the extent that such provision(s) may conflict with the assurances or agreement(s) provided hereunder. D. This resolution of assurance and agreement is applicable to the following pro- ject(s) or program(s) identified above as being Undertaking(s) of this public body: Project or Program Identification Central City Project Area No. 1 Meadowbrook Project Area No. 1 State College Project No. 4 Identification of Financial Assistance Agreement Mumber R-79 R-10 R-142 1795 E. The Chairman or Secretary is hereby authorized and directed to execute this document and the recording clerk or secretary of this body is authorized and directed to attest the execution of this document, affix or attach the seal thereto, and to furnish such counterparts as may be required by the Secretary of Housing and Urban Development. This Resolution pertains to an emergency matter and is effective immediately. REDEVELOPMENT AGENCY OF THE CITY OF SAN BFRNARDINO, CALIFORNIA (SEAL) (s) E. G. Webster E. G. Webster Chairman IN WITNESS WHEREOF, I have hereunto set my hand on this day of , 1971. ATTEST: (s) P. W. Quinn, Jr. P. W. Quinn, Jr. Secretary-Treasurer Executive Director Motion was made by Wein and seconded by Austin authorizing the adoption of Resolution No. 2403, and instructing the Legal Counsel to prepare a Legal Opinion regarding said assurance resolution. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, Gutierrez and Webster Noes: None Abstention: None Absent: None STREET IMPROVEMENTS, WINDSOR STREET AND MORGAN ROAD: A letter was presented to the members from Security Pacific National Bank stating that financing has been arranged for Indio-Blythe Developers to construct 32 homes within the State College Project Area. Mr. Roberts and Mr. Bruce from Indio-Blythe Developers were presented to the Members. They requested that the Agency complete the street improvements needed in order that they can start their development. They can be ready to start very shortly. A breakdown of said street improvements was submitted, amounting to $70,275.81. Mr. Quinn explained that the Agency is legally able to complete these improvements, in that it is within our project area. The improvements would increase the tax revenue to be received from this area. Mr. Austin was concerned as to whether this development would fit into the general plan of the State College. He stated that he would like to see it checked out with the college first. Mr. Roberts explained that 2, 3, 4, and 5 bedroom homes are proposed. They will cost between $17,100 for the two bedrooms to $21,000 far the five bedrooms, The records of survey was shown. 1796 Mr. Varner stated that any new development that comes into the State College Project must sign an Owner Participation Agreement, if they do not buy the land from the Agency. After further review and discussion, motion was made by Wein and seconded by Austin to table the matter until the next regular meeting, in order that it can be more closely studied. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, Gutierrez, and Webster Noes: None Abstention: None Absent: None SALE OF REUSE PARCELS 45 & 50, R-79, TO UNITED CALIFORNIA BANK: Mr. Cool, United California Bank, was presented to the Members. Mr. Quinn informed Mr. Cool that at the Public Hearing, Mr. Frank Dominguez, Vanair Research, stated that he would object to the sale of this land to United California Bank, if the Agency did not recognize and authorize the payment of a Finders Fee to him for his involvement in this sale. The objection was noted and the public hearing closed. Mr. Austin asked Mr. Cool if he feels that Mr. Dominguez is responsible for the sale of these parcels. Mr. Cool stated that United California Bank is indebted to Mr. Dominguez for bringing them into the area. He stated that he and Mr. Schenkenberger met with Mr. Dominguez and looked over the super block area. In these transactions Mr. Dominguez was representing Surburban Associates, in that he was trying to obtain United California Bank as major tenant for their 2nd and "D" Site. Mr. Cool explained in detail the transactions involved and their negotiations with Mr. Dominguez. He stated that their first choice was the 3rd and "D" site, but that this site was already under disposition agreement with Driver/Eichelberger. Mr. Cool stated that at a later date, he was contacted by Emlyn Williams of Union Realco (Driver/Eichelberger) regarding the 3rd and "D" site. He stated that he told Mr. Williams that he would have to go through Mr. Dominguez. Mr. Cool stated that he felt that United California Bank had a moral obligation to Mr. Dominguez for all his efforts in involving them in the area. Mr. Cool also stated that he and Mr. Schenkenberger met with Mr. Quinn regarding the acquisition of a bank site at Third and "D" instead of the Surburban Site at 2nd and "E" They were informed that this parcel was in default and might of necessity have to be terminated. Mr. Dominguez stated that he worked very closely with United California Bank regarding their involvement in the area. He stated that Mr. Schenkenberger stated at a meeting that he was responsible for their involvement. After careful review and discussion, Mr. Austin stated that because Mr. Dominguez brought them into the area and interested them in the super block he should be entitled to the finders fee. Mr. Wein stated that it was Agency policy to pay a finders fee for finding a particular parcel for a developer. A finders fee should not be confused with a commission. 1797 Mr. Cool stated that United California Bank does not really want to develop the property. They would like to be the major tenant. Mr. Cool stated that they desire to obtain proposals for the development of this structure. They have received a proposal from Mutual Building & Engineering Corporation and are soliciting one from Surburban Associates. The Members asked Mr. Varner if Mr. Dominguez would be entitled to a finders fee, if Surburban Associates were successful in securing this development. Mr. Varner stated that he probably would. After further discussion and review, Mr. Austin introduced the following re- solution in that Mr. Dominguez created the interest in the project by United California Bank: RESOLUTION N0. 2404 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE PAYMENT OF A 5% FINDERS FEE TO H. FRANK DOMINGUEZ FOR THE SALE OF BUILDING SITE "D", A PORTION OF REUSE PARCELS 45 AND 50, TO UNITED CALIFORNIA BANK 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; and WHEREAS, Mr. H. Frank Dominguez was instrumental in securing the United California Bank as a developer for Building Site "D", a portion of Reuse Parcels 45 and 50, R-79; and WHEREAS, the sale of Building Site "D" was approved on May 27, 1971 to the United California Bank; and WHEREAS, the Agency has determined that H. Frank Dominguez is entitled to a 5% Finders Fee upon the close of escrow. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, authorizes the payment of a 5% Finders Fee for the sale of Building Site "D", to the United California Bank upon the close of escrow. Adopted: 5-27-71 Motion was made by Austin and seconded by Gutierrez authorizing the adoption of Resolution No. 2404. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez and Webster Noes: None Abstention: Wein Absent: None The letters received from Vanir Research Company regarding this matter are spread below: Vanir Research Company Investment - Management - Land Research 242 No. Arrowhead Avenue, Suite 2B San Bernardino, California 92408 (714) 884-9477 1798 May 24, 1971 The Redevelopment Agency of San Bernardino 320 North "E" Street, Suite 408 San Bernardino, California Re: Agency Parcel "D" - (3rd and "D" Streets) Gentlemen: In reference to the proposed agreement for sale and development of the above parcel which is to be considered at a public hearing on May 27, 1971 and was originally scheduled on May 20, 1971, there are certain facts concerning this which I feel should be considered and recognized. At the time of the selection of the original purchaser and developer, Arrowhead Corporation, Suburban Associates also made an offer to the Agency to purchase and develope the site. However, the Agency selected the Arrowhead Corporation. Subsequently, the Arrowhead Corporation withdrew and Suburban Associates again wished to submit an offer to purchase the property, but on this occasion, they were not permitted to make this offer and C. W. Driver, Inc. and Ted D. Eichelberger were selected. During all of these negotiations, Vanir Research Company represented Suburban Associates as their agent, and since we were not successful in obtaining this site, we made an offer to purchase and develop on the site known as a portion of Parcels 47 and 48. The Agency accepted this offer. Vanir Research Company continued to work on securing their ground floor tenant who subsequently withdrew due to unfavorable publicity on the Redevelopment Project. Vanir then proceeded to secure United California Bank as the major tenant. Vanir Research had been instrumental in convincing UCB that they should locate in the Redevelopment area and even went to the extent of intro- ducing the bank's representatives to the Executive Director of the Agency relative to the Hotel site and the 3rd and D site. The Agency director (Pete Quinn) then advised ut to "lay off" the 3rd and D site. In view of this, UCB instructed Vanir Research to continue to act in their behalf should the opportunity arise that the 3rd and D site become available, a fact well known to the Agency staff. However, the Agency Director contacted United California Bank directly and advised them to deal with the Agency direct rather than through Vanir Research, action which is rather underhanded and unethical and which could result in considerable loss of money to Vanir on commission on the sale, and through time and expense loss. These facts are substantiated both by a letter from United California Bank, a copy of which is attached, and the fact that Suburban Associates has been forced to withdraw their offer for Parcels 47 and 48 through loss of their major tenant. In view of these facts, we feel Vanir Research Company should be recognized as Agent for UCB by the Agency and be paid the normal finder's fee of 5% on the sale of the land to UCB or its nominee, and be permitted to submit an offer on behalf of another purchaser-developer. 1799 Any consideration you may give this request will be appreciated. Very truly yours, VANIR RESEARCH COMPANY (s) H. Frank Dominguez . Fran Dominguez HFD:mea Vanir Research Company Investment - Management - Land Research 242 No. Arrowhead Avenue, Suite 2B San Bernardino, Calif. 92408 (714) 884-9477 May 13, 1971 Mr. Roy Schenkenberger Bank Properties Division United California Bank 600 South Spring Street Los Angeles, California Dear Roy: This letter is for the purpose of confirming our understanding of Vanir Research Company's relationship with United California Bank in regards to the following: (1) That Vanir Research Company directly introduced your bank to Mr. Pete Ouinn, Jr., director for the Redevelopment Agency of the City of San Bernardino, for the purpose of pursuing the acquisition of the 12 story site, known as parcel D (3rd and D Site) and located on "D" Street adjacent to the 5 level parking structure currently under construction. (2) That Vanir Research Company, after many attempts, succeeded in convincing UCB to locate within the Redevelopment project, City of San Bernardino; more specifically that area known as the."Super Block" bounded by "E" Street, 2nd Street, and "D" Street. Very truly yours, VANIR RESEARCH COMPANY (s) H. Frank Domin uez . Fran< Dominguez The above essentially reflects the facts as I recall them. (s) R. W. Schenkenberger Vice President 1sDD The following resolution was introduced: RESOLUTION N0. 2405 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZINf, THE EXECUTION OF THE DISPOSAL AGREEMENT AND RELATED DOCUMENTS FOR THE SALE OF A PORTION OF REUSE PARCELS 45 AND 50, CENTRAL CITY PROJECT, TO UNITED CALIFORNIA BANK OR NOMINEE WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, declared its intention to dispose of a portion of Reuse Parcel 45 and 50, Central City Project, by Resolution No. 2398, to United California Bank or Nominee; 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 May 27, 197T, in accordance with RHA 7214.1, Chapter 4, Section 4, and applicable California law and Federal regulations. 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 a portion of Reuse Parcels 45 and 50, Central City Project to United California Bank or Nominee, subject to the approval of said sale by the Department of Housing and Urban Development. BE IT FURTHER RESOLVED that upon the close of escrow, a finders fee in the amount of X8,291.70 is authorized to he to Frank Dominguez. Adopted: 5-27-71 Motion was made by Austin and seconded by Wein authorizing the adoption of Resolution No. 2405. The motion was carried by the following vote, to wit: Ayes: Austin, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None Mr. Quinn presented to the Members a preliminary schedule outlining project progress steps prepared by Mutual Building and Engineering Corporation on the United California Bank development. Mr. Cool explained that the schedule would depend upon the successful developer for their bank. OTHER BUSINESS: Motion was made by Austin and seconded by Wein to postpone the 1st regular meeting in June, scheduled for June 3, 1971, to June 7, 1971 at 4:00 p.m. The motion was carried by the following vote, to wit: Ayes: Austin, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None 1801 Mr. Quinn stated that several contractors have asked for an extension of time to submit bids on Unit No. 11, Calif. R-79. Motion was made by Austin and seconded by Gutierrez extending tfie time for opening of bids for Unit No. 11, Calif. R-79, to 10:00 a.m., June 7, 1971. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: None Motion was made by Austin and seconded by Gutierrez authorizing the purchasing of the transcript at the Wein trial. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez and Webster Noes: None Abstention: Wein Absent: None ADJOURNMENT;: Motion was made by Austin and seconded by Gutierrez to adjourn the meeting at 6:10 p. m. The motion was carried by the following vote, to wit: Ayes: Austin, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: None 1802 MINUTES OF THE POSTPONED REGULAR MEETING, OF THE REDEVELOP- MENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD JUNE 7, T971, 320 NORTH "E" STREET, ROOM 403, SAN BERNARDINO, CALIFORNIA, 4:00 P. M. Roll Call showed the following: Agency Members Present: Webster and Wein Agency Members Absent: Gutierrez Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agencv Counsel; and Mrs. Baxter, Executive Secretary Mr. Varner, Agencv Counsel, stated that the Agency has been advised by the Mayor that this morning Mr. Marvin Dudley was appointed by the Mayor and Council to replace Mr. A. M. Austin as Agency Board Member. Mr. D. R. Jamison was also appointed by the Mayor and Council. Due to the lack of quorum, Mr. Webster postponed the meeting until June 70, 1971, at 4:00 p.m. All members agreed. 1803 MINUTES OF THE POSTPONED REGULAR MEETING OF THE REDEVELOP- MENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD JUNE 10, 1971, 320 NORTH "E" STREET, ROOM 403, SAN BERNARDINO, CALIFORNIA The Chairman called the meeting to order at 4:00 p.m., and introduced Mr. D. R. Jamison and Mr. Marvin Dudley, newly appointed Board Members. Roll Call showed the following: Agency Members Present: Webster, Wein, Gutierrez, Jamison and Dudley Agency Members Absent: None Also Present: Mr. Varner, Agency Counsel; Mr. Quinn, Executive Director; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Postponed Regular Meeting of May 27, 1971 were submitted for approval. Mr. Varner stated that he would recommend that the letters presented from Frank Dominguez be incorporated in the minutes on page 6. All members agreed. Mr. Webster ordered said letters to be incorporated in the minutes. Motion was made by Gutierrez and seconded by Wein approving the Minutes of the Postponed Regular Meeting of May 27, 1971 as revised. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Wein, Jamison, Dudley, and Webster Naes: None Abstention: None Absent: None REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. C & J ENTERPRISES, REUSE PARCEL NO. 88, CALIF. R-10: Mr. Chris McCririe and Mr. Dominguez were introduced to the Board. Mr. McCririe stated that they have an agreement in principle with a tenant for their proposed restaurant, although his attorney, Mr. Fullerton, has not been able to prepare the final lease. Their financing is arranged. When constructed, the development will constitute a $65,000 - $75,000 investment on the property, even though they will only be developing half of the parcel. If the proposal is authorized by the board, they will be in a position to start construction within 30 days. Mr. Wein stated that he could not see how the Agency could authorize the develop- ment of only half of the lot. The disposition agreement was reviewed by Mr. Varner. Mr. Varner stated that the Agreement states that C & J will construct a building with not less than 7,500 sq. ft. The proposed restaurant will have approximately 2,500 sq. ft. This is 1/3 of the required development. Mr. Varner stated that C & J owns the land, but under the terms of the Agreement, the Agency has the right to re-acquire the property if the developer does not comply. The Agency also has the right to amend the agreement if it so desires. 1804 Mr. Wein stated that he would agree to the proposal if Mr. McCririe could provide the Agency with a proposal for the remainder of the lot and a time table as to when development would start. Mr. McCririe stated that the soil condition on the remaining portion of the lot is not buildable, according to a soil report from CHJ Material Laboratory. Mr. Quinn read portions of said report to the members. Mr. Ouinn explained that this situation is typical within the area. Mr. Varner stated that the Agreement of Sale guarantees the developer that the soil condition is normal for the area. At the time of the Agreement the staff felt that the condition was normal. If it is determined that this is not so, the Agency is responsible for putting the soil in buildable condition. Mr. Wein stated that the Agency must have a proposal for the remaining portion of the parcel regardless of whether the soil condition is normal or not. If it is not normal, the Agency will incur the expense of putting it in order. if it is normal, C R J will be responsible for the expense. The Members asked Mr. McCririe if he could have a proposal ready for the next meeting. Mr. McCririe stated that he could. After discussion, motion was made by Gutierrez and seconded by Wein to table the matter until the next regular meeting, and instructing the Executive Director to obtain an opinion from CHJ Material Laboratory regarding the normality of the soil on this parcel. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Wein, Jamison and Dudley Noes: None Abstention: None Absent: None AWARD OF CONTRACT, UNIT N0. T1 Mr. Quinn explained that bids were opened June 7th, for Site Preparation Unit No. 1T. Fontana Paving submitted the low bid of R1 ,215 ,796. The following resolutions were introduced: RESOLUTION N0. 2406 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAfJ BFRNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH FONTANA PAVING FOR STREET IMPROVEMENTS, MEADOWBROOK PROJECT N0. 1, SITE PREPARATION UNIT N0. 11A, CALIF. R-10 WHEREAS, the Agency has under date of October 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 7949, as amended, and pursuant to that Contract the Agency is undertaking certain activities necessary for the execution of the Meadowbrook Project, Calif. R-10: and WHEREAS, the Agency invited competitive sealed bids for the construction of street improvements within the Meadowbrook Project No. 1; and 1805 WHEREAS, an Invitation for Bid therefor was duly published in the San Bern- ardino Sun Telegram, a newspaper of general circulation for two weeks and an Affidavit showing such publications are on file in this Agency; and 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 Fontana Paving in the amount of Three Hundred Eighty Eight Thousand, Two Hundred Seventy and no/100 Dollars ($388,270.00); and WHEREAS, the Redevelopment Agency of the City of San Bernardino has accepted the bid of Fontana Paving, 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 Fontana Paving in the amount of $388,270.00 be hereby accepted and the Chairman and Secretary be authorized to execute the Contract for Site Preparation Unit 11A, Meadowbrook Project No. 1, Calif. R-l0 on behalf of said Agency. Adopted: 6-10-71 RESOLUTION N0. 2407 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH FONTANA PAVING FOR STREET IMPROVEMENTS, CENTRAL CITY PROJECT N0. 7, SITE PREPARATION UNIT N0. 11, 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 providng 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 seated bids for the construction of street improvements within the Central City Project No. 1; and WHEREAS, an Invitation for Bid therefore was duly published in the San Bernardino Sun Telegram, a newspaper of general circulation for two weeks and an Affidavit showing such publications are on file in this Agency; and 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 Fontana Paving in the amount of Eight Hundred Twenty Seven Thousand and five hundred Twenty Six and no/100 Dollars ($827,526.00); and WHEREAS, the Redevelopment Agency of the City of San Bernardino has accepted the bid of Fontana Paving, as it is in the best interest of this Agency to accept the bid of this Contractor. 1806 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 l)rban Development, the bid of Fontana Paving in the amount of $827,525.00 be hereby accepted and the Chairman and Secretary be authorized to execute the Contract for Site Preparation Unit 11, Central City Project, Calif. R-79 on behalf of said Agency. Adopted: 6-10-71 Motion by Wein and seconded by Gutierrez authorizing the adoption of Resolutions No. 2406 and 2407. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Jamison, Dudley and Webster Noes: None Abstention: None Absent: None STREET IMPROVEMENTS, WINDSOR STREET AND MORGAN ROAD: Mr. Ouinn stated that at the last meeting Mr. Bob Roberts, developer, requested the Agency to supply the public improvements in the area of Windsor Street and Morgan Road in the State College area. Mr. Roberts proposed to construct 32 homes within this area. Mr. Dudley asked Mr. Roberts how long has his company owned the property. Mr. Roberts stated that they have owned the land for approximately nine months. He stated that FHA has approved their project and they have received the committment for funds. Mr. Dudley asked if their committment includes funds for the street improvements, and if they plan to go ahead with the project if the Agency rejects their request. Mr. Roberts stated that their committment does include such funds. If the Agency provides the improvements, credit will be given the purchaser. If the Agency re- jects their request, the purchaser will pay for the improvements. Mr. Webster asked the Board to consider the savings to the purchaser when making their decision. After further review and discussion, motion was made by Wein and seconded by Gutierrez rejecting the request of Mr. Bob Roberts to provide the street improvements within the area of his proposed project, in that the expenditure of funds would not be to the interest of the public. The motion was carried by the following vote, to wit:. Ayes: Wein, Gutierrez, Jamison, Dudley and Webster Noes: None Abstention: None Absent: None GOLDEN VALLEY PTA - USE OF THE MALL: A request was presented from Golden Valley PTA requesting the use of the mall for their December meeting and Christmas Concert. Mr. Quinn stated that they have agreed to provide the necessary insurance and clean up. Motion was made by Jamison and seconded by Gutierrez authorizing the Golden Valley PTA to use the mall on December 76, 1971, for their Christmas program. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Dudley and Webster Noes: None Abstention: Wein (Mr. Wein stated that he abstained because he is a member of the Golden Valley PTA) Absent: None lao~ ALTERNATE CHECK SIGNERS: Mr. Quinn stated that it is necessary to designate a new check signer in place of Mr. Austin and a new countersigner in place of Ray Wilson. After discussion the following resolutions were introduced: RESOLUTION N0. 2408 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DESIGNATING MR. D. R. JAMISON AS SIGNER FOR AGENCY CHECKS AND VOUCHERS WHEREAS, Section 4 of Article II of the Bylaws of the Redevelopment Agency of the City of San Bernardino, California, authorizes the Treasurer to sign all orders and checks for the payment of money; and WHEREAS, said Agency by Resolution No. 308, adopted February 6, 1964, amended said Bylaws so as to permit the Treasurer to countersign checks and one of two other designated persons to sign all such orders and checks; and WHEREAS, by Resolution No. 980, adopted March 20, 1969, the Agency designated Mr. A. M. Austin as one of two signers for Agency checks and orders; and WHEREAS, Mr. Austin is no longer a member of the Redevelopment Agency, and it is necessary to designate another signer for said checks and orders. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that Mr. D. R, Jamison is hereby designated as signer for checks and orders for the payment of money of the Redevelopment Agency of the City of San Bernardino, California. BE IT FURTHER RESOLVED that Resolution No. 980, adopted March 20, 1969, is hereby rescinded. Adopted: 6-10-71 RESOLUTION NO. 2409 RESOLUTION OF THE REDEVELOPMENT AGENCY OF-THE CITY OF SAN BERNARDINO> CALIFORNIA, DESIGNATING MR. MARVIN D. DUDLEY AS COUNTERSIGNER FOR AGENCY CHECKS AND VOUCHERS WHEREAS, Section 4 of Article II of the Bylaws of the Redevelopment Agency of the City of San Bernardino, California, authorizes the Treasurer to sign all orders and checks for payment of money; and WHEREAS, said Agency by Resolution No. 308, adopted February 6, 7964, amended said Bylaws so as to permit the Treasurer to countersign checks and one of two other designated persons to sign all such orders and checks; and WHEREAS, by Resolution No. 443, adopted September 1, 1966, designated Mr. Ray M. Wilson as additional countersigner for checks and vouchers; and leas WHEREAS, Mr. Wilson is no longer a member of the Redevelopment Agency, and it is necessary to designate another countersigner for checks and vouchers. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agencv of the City of San Bernardino, California, that Marvin D. Dudley is hereby designated as signer for checks and orders for the payment of money of the Redevelopment Agency of the City of San Bernardino, California. BE IT FURTHER RESOLVED that Resolution Plo. 443, adopted September 1, 1966, is hereby rescinded. Adopted: 6-10-71 Motion was made by Gutierrez and seconded by Wein authorizing the adoption of Resolutions No. 2408 and 2409. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Wein, Jamison, Dudley, and Webster Noes: None Abstention: None Absent: None OTHER BUSINESS: The following resolution was introduced: RESOLUTION N0. 2410 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF A FEDERAL AND STATE FLAG WHEREAS, it is the desire of the Agencv Members to purchase an American Flag and a State of California Flag for the "E" Street Court, Central City Mall. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the expenditures of funds for the purchase of an American Flag and a State of California Flag is hereby approved. Adonted: 6-70-71 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2410. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Jamison, Dudley and Webster Noes: None Abstention: None Absent: None The Members instructed the Executive Director to request the purchase of a city flag from the San Bernardino merchants. The following resolution was introduced: RESOLUTION N0. 2471 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HONORINf, AND EXPRESSING THANKS TO MR. A. M. AUSTIN 1209 WHEREAS, Mr. A. M. Austin was appointed to the Redevelopment Agency of San Bernardino, California on March 7, 1967; and WHEREAS, Mr. A. M. Austin, by unanimous vote of his fellow Board Members, was elected to the position of Chairman of the Redevelopment Agency of the City of San Bernardino on April 78, 1969, which position he held until January 7, 1971; and WHEREAS, Mr. A. M. Austin, during his two successive terms as Chairman of the Redevelopment Agency of the City of San Bernardino, did, in a most astute business manner, guide the affairs of the Redevelopment Agency of the City of San Bernardino during this Agency's most critical periods; and WHEREAS, during this period of Mr. A. M. Austin's Chairmanship and through his deligence and foresightedness, the Redevelopment Agency of the City of San Bernardino was successful in selling on the open municipal bond market its' $10,500,000 Promissory Npte thereby enabling the Agency to begin con- struction on its' three and five level parking garages; and WHEREAS, the commencement of construction of the aforementioned parking garages culminated negotiations with private redevelopers to begin con- struction of over $60 million in private construction within the Central City Project Area, thereby ensuring success of the City of San Bernardino 's renewal programs; and WHEREAS, Mr. A. M. Austin 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 desire to express their appreciation and gratitude to Mr. A. M. Austin for his tireless efforts and devotion as a Member and 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. A. M. Austin of its' appreciation for his outstanding participation, leadership, and public service as a Member and Chairman of said Agency. Adopted: 6-10-71 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2411. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Jamison, Dudley and Webster Noes: None Abstention: None Absent: None Mr. Gutierrez suggested having an informal reception in honor of Mr. Austin. All members agreed. Mr. Varner stated that at the next regular meeting an amendment to certain Agency By-Laws should be discussed. Membership must be increased from five to seven and a quorum from three to four. 7810 ADJOURNMENT: Motion was made by Jamison and seconded by Wein to adjourn the meeting at 4:55 p.m. The motion was carried by the fo7Towina vote, to wit: Ayes: Jamison, ldein, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None 1811 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 17TH DAY OF JUNE, 1977, 320 NORTH "E" STREET, ROOM 403, SAN BERNARDINO, CALIFORNIA The Chairman called the meeting to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Webster, Gutierrez, Wein, Dudley and Jamison Agency Members Absent: None Also Present:. Mr. Quinn, Executive Director; and Mrs. Baxter, Executive Secretary Mr. Webster stated that Mr. Varner would be here shortly. MINUTES: The Minutes of the Postponed Regular Meeting of June 10, 1977 were submitted for approval. Mr. Dudley pointed out that on the Roll Call, Mr. Austin's name was shown instead of Mr. Websters'. Mr. Quinn stated that the minutes would reflect the change. Motion was made by Wein and seconded by Jamison approving the Minutes of June 10, 1971 as corrected, The motion was carried by the following vote, to wit: Ayes: Wein, Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None 4:05 p.m. - Mr. Varner arrived at the meeting. EXPENDITURES: The expenditures for the month of May, 1971 were submitted for approval. Mr. Wein inquired as to the items stored at the agency's maintenance office rented from Ken Bussey. Mr. Quinn stated that an inventory list has been prepared, and stated several of the items in storage. Mr. Quinn stated that the Agency does not have room enough to store the items in their office. The Agency rents this maintenance office for $.10 per square foot. Mr. Quinn informed the Members that the Agency now has title to the California Theater. Mr. Jenks has requested that they be allowed to have their sidewalk in front of the theater black. Mr. Varner stated that such a request should be presented in writing to Mr. Quinn, or Mr. Jenks should appear before the Board setting forth his reason for said request. Mr. Varner further stated that the City's approval is necessary, in that the city awns the sidewalk. The Janitorial Service contract with Gibson Brothers was discussed. Mr. Quinn briefly explained their duties to the members. It was explained that the only time the mall is being used at the present is for scheduled civic functions. Any organization using the mall for such a function is required to provide the necessary clean up. Mr. Wein stated that the Agency is paying a large sum for this clean up and it would seem that one or two staff members could keep it clean. After discussion, Mr. Wein requested that the contract with Gibson Brothers be reviewed between now and the next meeting, to see if the Agency could save public funds by using another method of clean up. The Chairman directed the Executive Director to look into the matter, lsl2 Motion was made by Wein and seconded by Gutierrez approving the Expenditures for the month of May, 1971 as submitted. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Jamison, Dudley and Webster Noes: None Abstention: None Absent: None REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. C & J ENTERPRISES, REUSE PARCEL N0. 88, R-70: Mr. McCririe and Mr. Dominguez were presented to the Members. At the last meeting Mr. McCririe presented a proposal to develop a restaurant on approxi- mately 1/2 of Reuse 88. The Members tabled any decision until today so that Mr. McCririe could prepare a proposal for the remaining portion of 88. The Executive Director was also directed to obtain an opinion from CHJ Material Laboratory regarding the normality of the soil on this parcel. Mr, McCririe stated that he is not prepared at this time to present a firm proposal for the remaining portion of Reuse 88, but that he could guarantee that he will develop said portion as soon as possible. If he developer a warehouse he could guarantee 5,000 square feet. If he obtains a tenant for an office building, the size of the structure will depend upon the number of parking spaces required by the City. Mr. Wein read the letter received from CHJ regarding the soil on Reuse 88. Said letter is as follows: June 15, 1971 Redevelopment Agency for the City of San Bernardino 320 N. "E" Street, Suite 408 San Bernardino, California Re: Lab No. 8422-3 Parcel 88, Meadowbrook Project No. 1 Subject: Subsurface Soil Conditions Gentlemen: This letter is written in response to your inquiry concerning subsurface soil conditions on this and adjacent properties. This firm has made soil investigations on several properties in the immediate vicinity of Parcel 88. Artificial fill soils of variable depths containing significant amounts of debris and deleterious material, are common to the properties in this immediate area which lie adjacent to the Warm Creek Channel. To the best of our knowledge, most of the developed parcels in this immediate vicinity have required special foundation prior to construction. 1813 Please advise if you need any additional information. Very truly yours , C.H.J. MATERIALS LABORATORY, INC. s/J. L. Riddell J. L. Riddell, R. E. 13146 JLR/sg Mr. Wein stated that in view of the above letter, he feels the Board must consider the soil condition as normal for the area. All members agreed. Mr. Quinn stated that in 1969, 1600 yards of fill were hauled in at C & J's request. Mr. Quinn stated that he personally inspected the parcel during the course of the work. Mr. Wein stated that he would approve an additional Contract Amendment to their basic agreement upon the following conditions: The proposed restaurant will have no less than 2,500 square feet and construction will start prior to September 1, 1971. The second development will have no less than 5,000 square feet, and must meet City Building Codes regarding parking. Said development to be subject to the approval of the Agency Board. Construction on said development to start within six months. C & J will accept the soil conditions on Reuse Parcel 88 as normal for the area. Mr. McCririe stated that he would be in a position to accept or reject these conditions before the next regular meeting. After further discussion, the following resolution was introduced: RESOLUTION N0. 2412 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 SEPTEMBER 1, 1971, AND AUTHORIZ- ING A THIRD AMENDMENT 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, 7968; 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 for restau- rant purposes of no less than 2,500 square feet, with construction to begin on or before September 1, 1971; and 1874 WHEREAS, the second phase will begin within six months and contain not less than 5,000 square feet and comply with ail City and Building Codes and Park- ing requirements. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the extension of time to commence con- struction on Reuse Parcel 88, R-10, is hereby approved to no later than September 1, 1971, and the second phase to begin no later than six months from this date. 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: 6-17-71 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2412, upon the above stated conditions. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Jamison, Dudley, and Webster Noes: None Abstention: None Absent: None CHANGE OF MEETING DATE: Mr. Webster informed the Members that he would be out of of July. After discussion, motion was made by Jamison ai Gutierrez postponing the first regular meeting for July, 1, 1971, to July 8, 7971. The motion was carried by the wit: Ayes: Webster, Jamison, Gutierrez, Wein and Dudley Abstention: None Absent: None CANOPIES - R-70 and R-79: town the first week id seconded by scheduled for July following vote, to Noes: None Mr. Quinn explained that an Invitation to Bid was sent out to various con- tractors but only one bid has been received. Mr. Harper, Deputy Director, stated that the one bid received is from William T. Eason. Mr. Eason was presented to the Members. Mr. Harper stated that he did not open the bid at the time specified because he felt Mr. Eason 's bid should be protected in case the Board decided to reject the bid and resubmit the Invitation to Bid. Mr. Eason was assured that no other bids would be accepted for con- sideration after the specified bid opening time (11:00 a.m.). Upon reviewing the matter, Mr. Varner requested an Executive Session. Motion was made by Wein and seconded by Gutierrez to ad,iourn the Regular Meeting for an Executive Session. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Jamison, Dudley and Webster Noes: None Abstention: None Absent: None Mr. Joe Baker, Sun Telegram, requested authorization to remain during the Executive Session. Upon advice of counsel, Mr. Webster denied Mr. Baker's request. 1875 4:40 p.m. - Mr. Webster adjourned the meeting for an Executive Session. 4:45 p.m. - Mr. Webster reconviened the meeting. Mr. Wein explained to Mr. Eason that the only means the Agency has for judging the fairness of bids is through competitive bidding. After discussion, motion was made by Wein and seconded by Dudley rejecting the bid received from William T. Eason for Canopies R-70 and R-79, in that his bid was the only one received. Further instructing the Executive Director to resolicit for bids for said work and advertise the invitation in the paper. The motion was carried by the following vote, to wit: Ayes: Wein, Dudley, Jamison, Gutierrez and Webster Noes: None Abstention: None Absent: None The Chairman thanked Mr. Eason for his bid. Mr. Eason accepted the rejection of his bid and stated that he would bid again at the next opening. Mr. Dudley requested that the Invitation to Bid be sent to all contractors in the area. Mr. Quinn stated that the Invitation was sent to small contractors and minority contractors only. All members agreed that the invitation should be sent to all contractors. Mr. Wein suggested that the Invitation also be sent to a metal working contractor. The Members discussed revisions to the Invitation to Bid. All Members agreed that the Invitation should provide that the Agency can accept one contractor for the complete job, or several contractors for different portions of the work. The Chairman directed the Agency Counsel to revise the Invitation to Bid so that it is in proper form. CENTRAL CITY DISPOSITION: A letter was presented from John S. Griffith & Co. requesting a 90 day extension to prepare a workable plan for the west end of the Central City Project. Mr. Varner stated that he has had several discussions with Central City Company and they are working diligently toward working out a plan for this area. They are certain they can put one together with this extension of time. Based upon the Agency's past relationship with the Central City Company and Mr. Varner's discussions with them, Mr. Wein introduced the following resolution: RESOLUTION NO. 2413 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING A 90 DAY EXTENSION TO CEPITRAL CITY COMPANY, WEST END SECTOR OF THE CENTRAL CITY PROJECT WHEREAS, the Redevelopment Agency of the City of San Bernardino, by Resolution No. 2034, authorized the Sale of Reuse Parcels 24 through 35, Calif. R-79 to the Central City Company; and WHEREAS, Resolution No. 2378 extended CEntral City's time of completion for a workable plan for this area until June 15, 7971; and 1816 WHEREAS, it has become necessary for the Central City Company to request a further extension to finalize their plan for said area; and WHEREAS, the Agency has reviewed their request, and has determined that an extension of time is of mutual benefit to both parties. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that an extension of time is hereby approved until September 15, 1977. Adopted: 6-17-71 Motion was made by Wein and seconded by Jamison authorizing the adoption of Resolution No. 2413. The motion was carried by the following vote, to wit: Ayes: Wein, Jamison, Gutierrez, Dudley and Webster Noes: None Abstention: None Absent: None OTHER BUSINESS: Mr. Quinn presented the Members with an invitation from the Bank of California to attend a luncheon on July T5, 1977. AJOURNMENT: Motion was made by Gutierrez and seconded by Dudley to adjourn the meeting at 5:05 p.m. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Dudley, Jamison, Wein and Webster Noes: None Abstention: None Absent: None 1s17 MINUTES OF THE POSTPONED REGULAR MEETING OF THE REDE- VELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, HELD THE 8TH DAY OF JULY, 1971, ROOM 403, 320 NORTH "E" STREET, SAN BERNARDINO, CALIFORNIA The Chairman called the meeting to order at 4:00 p.m Roll Call showed the fallowing: Agency Members Present: Webster, Wein, Dudley and Jamison 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 June 17, 1971 were submitted for approval. Motion was made by Jamison and seconded by Dudley approving the minutes of June 17, 1971 as submitted. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Wein and Webster Noes: None Abstention: None Absent: Gutierrez REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. SUBURBAN ASSOCIATES: Mr. Quinn explained that in 1969 Suburban Associates submitted an Offer to Pur- chanse the property at 3rd and "D" Streets. Their offer was rejected because another offer was submitted on the property, which was determined by the Board to be the best offer. Suburban then submitted an Offer to Purchase the pro- perty at 2nd and "E" Streets. This offer was accepted. Through Suburban Associates' efforts to obtain a tenant for their 2nd and "E" site, they interested United California Bank in our area. Mr. Quinn stated that Suburban Associates had a letter of committment from UCB for this site. After negotiations with UCB, the bank decided to build on the 3rd and "D" site instead of the 2nd and "E" site, which left Suburban Associates without a tenant. Extensive efforts have been made to obtain a tenant, but they have been unsuccessful. A letter was presented to the Members from Edward Carpenter, attorney for Suburban, setting forth a request for cancellation of their Disposition Agreement and refund of their Option Deposit in the amount of $13,052.12. After review of the Disposition Agreement, Mr. Varner stated that the Agreement neither forbids or allows for the refund of the deposit. It has been the past policy of the Board to consider each request for refund upon its' own merits. Mr. Quinn stated that he has talked to several firms regarding the possible availability of 2nd and "E", but that he has no firm offers. 1818 Mr. Ottis Hudson, Suburban Associates, stated that they have dealt in good faith with the Agency regarding this property. He stated that they have kept the Agency well aware of their efforts to obtain a tenant and develop the land. Mr. Newby, Suburban Associates, explained in detail their first offer and their present agreement. He explained their efforts to obtain tenancy. He stated that it is hoped that their corporation can be regrouped and sometime in the future present another offer for property within our area. All members agreed that Suburban Associates has dealt with the Agency in good faith. Mr. Idein explained that his main hesitation is that the property has been off the market for two years while Suburban Associates has been trying to obtain a major tenant. Mr. Hudson stated that they have been encouraged by Mr. Quinn to keep trying to develop the parcel. Mr. Quinn stated that both he and Mr. Varner have encouraged Suburban to do so. Mr. Wein stated that in view of this, he feels that the deposit should be refunded, less any costs incurred by the Agency. Mr. Quinn stated that the only costs were for miscellaneous costs including advertising. After further discussion, the following resolution was introduced: RESOLUTION NO. 2414 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, Al1THOR.IZING CANCELLATION OF OFFER TO PURCHASE BUILDINr, SITE "E", CIVIC CULTURAL BLOCK, R-79 AND REFUND OF DEPOSIT TO SUBURBAN ASSOCIATES WHEREAS, by Resolution No. 2011, the Redevelopment Agency of the Citv of San Bernardino, California, accepted an Offer to Purchase submitted by Suburban Associates for a portion Parcel Numbers 47 and 48, Calif. R-79; and WHEREAS, said Suburban Associates has requested their Offer to Purchase be withdrawn and their deposit in the amount of $13,052.12 be refunded; and NOW, THEREFORE BE IT RESOLVED by the Redevelonment Aqencv of the Citv of San Bernardino, California, that the Offer of Suburban Associates to purchase portion of Reuse 47 and 48, Calif. R-79 (Building Site "E" Civic-Cultural Block} is hereby withdrawn BE IT FURTHER RESOLVED that a refund of the deposit of $73,052.12, minus all costs on said property is hereby authorized. Adopted: 7-8-71 Motion was made by Wein and seconded by Dudley authorizing the adoption of Resolution No. 2414. The motion was carried by the following vote, to wit: Ayes: Wein, Dudley, Jamison and Webster Noes: None Abstention: None Absent: Gutierrez 1819 AMENDMENTS TO AGENCY BY-LAWS: Mr. Varner explained that pursuant to an ordinance adopted by the Mayor and Common Council, effective April 29, 1971, it is now necessary for the Agency to amend our By-Laws to increase the number of members of the Agency from five to seven, and changing the number of members constituting a quorum to four. The following resolution was introduced: RESOLUTION N0. 2415 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ARTICLE TII, SEC- TION 4, QUORUM; AND ARTICLE IV, SECTION 1, AMENDMENTS TO BY-LAWS, OF THE BY-LAWS OF SAID AGENCY WHEREAS, by an ordinance of the Mayor and Common Council, effective April 29, 1971, the number of members of the Agency has been changed from five to seven; and WHEREAS, it is necessary to amend the Redevelopment Agency By-Laws to reflect said change of members. BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that Article III, Section 4, Quorum, of the By-Laws of said Redevelopment Agency, be amended as follows: "The powers of the Agency shall be vested in the members thereof in office from time to time. Four members shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. Action may be taken by the Agency upon a vote of a majority of the full member- ship of the Agency." BE IT FURTHER RESOLVED that Article IV, Section 1, Amendments to By-Laws, of the By-Laws of the Redevelopment Agency, be amended as follows: "The By-Laws of the Agency shall approval of at least four of the a regular or special meeting, bu be adopted unless at least seven has been previously given to all Agency." be amended only with the members of the Agency at t no such amendment shall days written notice thereof of the members of the BE IT RESOLVED FURTHER that this Resolution shall take effect immediately. Adopted: 7-8-77 Motion was made by Jamison and seconded by Dudley authorizing the adoption of Resolution No. 2475. The motion was carried by the following vote, to wit: Ayes: Wein, Dudley, Jamison and Webster Noes: None Abstention: None Absent: Gutierrez 1820 REVIEW OF CANOPY BIDS: Mr. Ouinn stated that only one bid has been received for the modification of canopies. The Invitation to Bid was sent to all General Contractors in the phone book, and was advertised in the paper. The bid received is from William T. Eason in the total amount of $40,892. Mr. Quinn stated that the original estimate for this work was approximately $15,000. He explained that this estimate did not include all the canopies. He further stated that it did not include any funds for engineering drawings. The City requires drawings showing the canopies as they are now, and how thev are to he modified. Mr. Eason's bid includes the drawings. Mr. Harper stated that he spoke to about four of these potential bidders. They stated that thev did not submit a bid because no specifications were available. It was the determination of the Board not to obtain specifications for the canopies due to the costs involved. The Members discussed rejecting the bid, and resubmitting the Invitation to Bid on a time and material basis. In this wav other bids would probably he received. Mr. Wein asked if the Agency has the staff to supervise a time and material contract of this nature. Mr. Quinn stated that it does. The City can provide inspection services. After further discussion, motion was made by Dudley and seconded by Wein rejecting the bid of William T. Eason, in that only one hid was received, and because that bid far exceeded the original estimate for the job. The motion was carried by the following vote, to wit: Ayes: Dudley, Idein, Jamison, and Webster Noes: None Abstention: None Absent: Gutierrez Motion was made by Dudlev and seconded by Wein to readvertise the Invitation to Bid for the modification of the canopies, on a time and material basis. The motion was carried by the following vote, to wit: Ayes: Dudley, Wein, Jamison and Webster Noes: None Abstention: None Absent: Gutierrez Mr. Ouinn stated that the Gas Company has requested authority to have their canopy modified under their own supervision. They invited three bids for this work. Two bids were received, the lowest being received in the amount of $9,205. Mr. Quinn requested authorization to reimburse the gas comnany in the amount of the low bid for the modification of their canopy. Mr. Quinn explained that the gas comnany has specifications on their canopy. Thev do not advertise for bids, but request bids from a few selected firms. After discussion motion was made by Jamison and seconded by Wein rejecting the bids from Southern California Gas Company, in that only three bids were invited. Further moving that the gas company be advised that bids should be advertised for said work, in order to receive reimbursement from the Agency for this work. The motion was carried by the following vote, to wit: Ayes: Jamison, Wein, Dudley, and Webster Noes: None Abstention: None Absent: Gutierrez REUSE PARCEL 88, CALIF. R-1Q: Mr. McCririe stated that at the last regular meeting the members adopted a reso- lution setting forth the condition that his second development would have no less than 5,000 sq. ft. He stated that he could not guarantee this square footage. Mr. Wein stated that the condition also stated that the development must meet City - Building Codes regardino parking. In this wav the size of the development could be reduced depending upon the type of development. Mr. McCririe requested a letter of clarification for his records from n?r. Varner. 1621 Motion was made. by Wein and seconded by Jamison instructing the Agency Counsel to direct a letter of clarification to Mr. McCririe regarding the conditions of de- velopment on Reuse Parcel 88, Calif. R-10. The motion was carried by the follow- ing vote, to wit: Ayes: Wein, Jamison, Dudley and Webster Noes: None Abstention: None Absent: Gutierrez CIVIC LIGHT OPERA ASSOCIATION - LEASE: Mr. Varner stated that the least should be Chairman tabled said matter until July 15, AUTHORIZATION TO PLACE AD IN "WESTERN LAND Mr. Quinn requested authorization to place Marketing Catalog. This is an 100 eligib resolution was introduced: ready by the next board meeting. The 1971. MARKETING CATALOG": a two page ad in the Western Land le item. After discussion, the following RESOLUTION N0. 2416 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF APPROXIMATELY $500 FOR AD IN THE WESTERN LAND MARKETING CATALOG WHEREAS, the Department of Housing and Urban Development has recommended the advertising by Local Agencies in the Western Land Marketing Catalog; and WHEREAS, it has been determined by the Agency Member to be to the advantage of the Redevelopment Agency to participate in said catalog. NOW, THEREFORE, BE IT RESOLOVED by the Redevelopment Agency of the City of San Bernardino, California, that the expenditure of aaproximately $500 for a two page ad in the Western Land Marketing Catalog is hereby approved. Adopted: 7-8-71 Motion was made by Wein and seconded by Jamison authorizing the adoption of Reso- lution No. 2416. The motion was carried by the following vote, to wit: Ayes: Wein, Jamison, Dudley and Webster Noes: None Abstention: None Absent: Gutierrez CHANGE ORDER N0. 2, UNIT 12, PHASE II: A request was presented to the Board to increase Burkes Contract by $435.38 for changes to the public areas. Mr. McKean, Building Inspector, explained the changes to the members. After review and discussion, the following resolution was introduced: RESOLUTION N0. 2417 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING CHANGE ORDER N0. 2, UNIT 12, PHASE II, CENTRAL CITY PROJECT N0. 1, CALIF. R-79, WITH W. J. BURKE CONSTRUCTION COMPANY WHEREAS, the W. J. Burke Construction Company entered into Contract with the Agency May 22, 1970; and . „ WHEREAS, Gruen & Associates, Architects for above project made a column height elevation correction after the column steel was delivered to job site. Con- tractor then had to cut steel to proper Tength; and ___ __ 7822 t~HEREAS, thl~ lnyolye making the concrete slafi that. f4rn1s the wttom of pool two inches lower-than originally indicated on plans Sheet A 105; and WHEREAS, there is a minor revision of the hand rail at six of the plaza stairs; and WHEREAS, the vault hatch over the transformer room had to be revised due to its weight. Edison Company, who will furnish the transformers, does not have equipment to handle hatch cover as originally shown. These covers must be openable for servicing and replacing transformers and equipment; and WHEREAS, W. J. Burke Construction Company has agreed to make necessary changes and/or corrections fora sum not to exceed 5435.38. NOW, THEREFORE BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be authorized to enter into Change Order No. 2 with W. J. Burke Construction Company for an amount not to exceed $435.38. Adopted: 7-8-71 Motion was made by Jamison and seconded by Dudley authorizing the adoption of Resolution No. 2417. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Klein and Webster Noes: None Abstention: None Absent: Gutierrez NAHRO REGIONAL DUES ($100): Mr. Quinn presented the members with a request for NAHRO Regional Dues. Motion was made by Dudley and seconded by Wein authorizing the payment of NAHRO Regional Dues. The motion was carried by the following vote, to wit: Ayes: Dudley, Wein, Jamison and Webster Noes: None Abstention: None Absent: futierrez REMOVAL OF UNDERGROUND RUBBLE - IdELLS FARC,O PROPERTY: A request was presented from Wells Fargo Bank for reimbursement in the amount of $8,373 for the removal of underground rubble and basement on property purchased from the Agency. Mr. Riddell, CHJ Material Lab, stated that it was necessary to remove this basement. A breakdown of costs was presented. Mr. Wein stated that the cost for the removal of this basement far exceeds amounts we have paid before for similar work. He stated that the Agency should have been notified and authorization requested upon encountering the debris. Mr. Upham, Wells Fargo, stated that the work needed to be done immediately because of the weather conditions. After discussion, Mr. Wein moved that the Agency pay one-half of the costs involved for the removal of the basement and rubble. Mr. Wein withdrew his motion, due to a lack of a second. Cliff Pavao, Estimator for Diffenbaugh, stated that the price received for this work was fair and in his experience comparable with other rates in the area. He stated that the contractor charged $2.30 per cubic Yard for the com- plete work of removing the debris and hauling in new soil. 1823 After further discussion, the following resolution was introduced: RESOLUTION N0. 24T8 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING REIMBURSEMENT TO WELLS FARGO BANK FOR REMOVAL OF DEBRIS FROM REUSE PARCEL 2 AND 3, R-70 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, and Wells-Fargo Bank, entered into an Agreement for the Sale and Development of Reuse Parcels 2, 3, and 4, R-T0; and WHEREAS, said Reuse Parcels 2 and 3, have been found to contain debris unsuitable for construction; and WHEREAS, said debris was removed by Wells-Fargo at a cost of $8,373.00; and WHEREAS, Wells-Fargo has asked for reimbursement for said debris removal on a time and material basis. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the reimbursement of Wells-Fargo is hereby authorized in the amount of $8,373.00. Adopted: 7-8-71 Motion was made by Jamison and seconded by Dudley authorizing the adoption of Resolution No. 2418. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley and Webster Noes: Wein Abstention: None Absent: Gutierrez REQUEST FROM CALIFORNIA THEATER: A request was presented from the California Theater to install a colored con- crete sidewalk in front of the theater. A letter was also presented from the City Engineering stating that the City has no objections to said sidewalk. Motion was made by Dudley and seconded by Jamison authorizing the installation of a colored concrete sidewalk in front of the California Theater, at no expense to the Redevelopment Agency. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Wein and Webster Noes: None Abstention: None Absent: Gutierrez REQUEST FOR TIME AND MATERIAL - UNIT N0. 77: A request was presented to award Fontana Paving work on a time and material basis for the treatment of unstable soil within their contract Unit No. 11 area. The following resolution was introduced: RESOLUTION NO. 2419 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SEC- " " RETARY TO AWARD FONTANA PAVING, INC. A TIME AND MATERIAL BASIS FOR WORK WITHIN THE CENTRAL CITY PROJECT N0. 1, CALIF. R-79 1824 WHEREAS, this Agency entered into Contract with Fontana Paving, Inc. on June 11, 1971; and WHEREAS, during preparation of the roadway sub-base for the Central City Project several areas of unstable material have been encountered. Due to the proximity of utilities increasing the aggregate base thickness is impractical; and WHEREAS, a feasible and economical method of correcting said condition is by treatment with lime; and WHEREAS, Contractor has agreed to treat said unstable areas on a "time and material basis" for a sum not to exceed 32,500.00. hlOW THEREFORE BE IT RESOLVED that the Redevelopment Agencv of the City of San Bernardino, California, authorize the Chairman and Secretary to permit Fontana Paving, Inc. to perform said work on a time and material basis for a sum not to exceed the amount of $2,500.00. Adopted: 7-8-71 Motion was made by Jamison and seconded by Dudley authorizing the adoption of Resolution No. 2419. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Webster and Wein Noes: None Abstention: None Absent: Gutierrez OTHER BUSINESS A letter was presented to the Members from Montgomery Wards to Jim Lim of Gruen Associates. Said letter stated Montgomerv Ward's dissatisfaction in the coordination between all parties involved in the mall. Mr. Quinn stated that Nelson Jones, Central City Company, has been trying to serve as a central clearing house for complaints of this nature. The Chairman authorized the Agency Counsel to send a copy of Montgomerv Wards letter to Central City Company. ADJOURNMENT: Motion was made by Jamison and seconded by Dudley to adjourn the meeting at 6:30 p.m. Motion carried by the following vote, to wit: Ayes: Jamison, Dudley, Wein and Webster Noes: None Abstention: None Absent: Gutierrez 1825 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO> CALIFORNIA, HELD THE 75TH DAY OF JULY, 1971, 320 NORTH "E" STREET, SAN BERNARDINO, CALIFORNIA The Cha irman called the meeting to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Dudley, Jamison, Wein, Gutierrez and Webster Agency Members Absent: None Also Present: Mr. Quinn, Executive Director, and Mrs. Baxter, Executive Secretary The Chairman stated that the Agency Counsel will be here shortly. MINUTES: The Minutes of the Postponed Regular Meeting of July 8, 7971 were submitted for approval. Mr. ldein requested that under the item regarding Wells Fargo on page 5, it be noted that Mr. Pavao, Estimator for Diffenbaugh, stated that the contractor charged $2.30 per cubic yard for the complete work of removing the debris and hauling in new soil. All Members agreed. Motion was made by Wein and seconded by Jamison approving the Minutes of the Postponed Regular Meeting of July 8, 1971, as revised. The motion was carried by the following vote, to wit: Ayes: Wein, Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None 4:05 p.m. - Mr. Varner arrived at the meeting EXPENDITURES: The Expenditures for the month of June, 1971 were submitted for approval. After discussion, motion was made by Wein and seconded by Gutierrez approving the Expenditures for the month of June, 1971 as submitted. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Dudley, Jamison, and Webster Noes: None Abstention: None Absent:-None REPORT OF AGENCY COUNSEL: Mr. Varner requested the scheduling of a workshop meeting. After discussion, the date of August 12, 1977 at 4:00 p.m. was tentatively set up. CIVIC LIGHT OPERA ASSOCIATION - LEASE: Mr. Varner stated that the City has requested that the Agency lease the California Theater to them, and they in turn will sub-lease the appropriate portion of the property to the Civic Light Opera Association, under the direction of the Parks and Recreation Commission. Mr. Varner stated that the Agency purchased the property in order that the facility could be used for public purposes. The purchase of the theater was also used as an invest- ment for the Agency, in that the appraised value is approximately $1,000,000, and the purchase price was approximately $141,000. 1826 After discussion, it was determined that the Agency could lease the theater to the City and still maintain control over its' use. Mr. Varner stated that the lease would be carefully worded to this affect. The Parks and Recreation Commission can police the proposed uses of the theater. After discussion, motion was made by Wein and seconded by Jamison authorizing the preparation of a lease with the Citv of San Bernardino for the California Theater property (less the income producing property). The lease to be in accordance with the resolution approving the purchase of the property. The motion was carried by the following vote, to wit: Ayes: Wein, Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None The Agency Counsel was directed to work with the City in the preparation of the appropriate leases. The Members determined that a special account for the funds received from the income producing property should be set up. REVIEW OF AUDIT PROPOSALS - REDEVELOPMENT FUNDS R-70 and R-79: A memorandum was presented regarding the proposals received for the audit of the redevelopment funds R-10 and R-79. Four proposals were received. A review of the proposals indicates that Mr. Victor Fenster and Lester Witte & Co. have submitted identical total bids for both projects. Mr. Fenster's bid includes an hourly rate of $T5.00, not to exceed $850.00. Lester Witte & Co. propose to audit both projects for the lump sum of 5950.00. Mr. Wein stated that in view of the hourly rate proposed by Mr• Fenster, he would be in favor of awarding him the contracts. Mr. Ed Henderson, represent- ing Lester Witte R Company stated that the letter inviting proposals called for a pump sum bid. After discussion, Mr. Wein stated that Mr. Fenster has prepared our audit before, and he feels that the hourly rate is to the advantage of the Agency. The following resolutions were introduced: RESOLUTION N0. 2420 RESOLUTION OF THE REDEVELOPMENT AC,ENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIR- MAN AND SECRETARY TO ENTER INTO CONTRACT WITH VICTOR FENSTER, C.P.A. 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 15, 1971; and WHEREAS, the Membersfind and determine that the proposal of Victor Fenster, C.P.A. for an hourly rate of $15.00 (lump sum proposal not to exceed $500.00), is the most desirable for the Agency and the City of San Bernardino. ___ _ _ 1827 _. 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 enter into Contract with Victor Fenster, for an hourly rate of $15.00 (lump sum proposal of $500.00), for Accounting Services in connection with the annual audit of Meadowbrook Project, as required in the R-70 bond issue. Adopted: 7-15-71 RESOLUTION N0. 2421 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH VICTOR FENSTER FOR ACCOUNTING SERVICE, CALIF. R-79 WHEREAS, the terms of the Central City 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 l5, 1977; and WHEREAS, the Members find and determine that the proposal of Victor Fenster for an hourly rate of $15.00 (lump sum proposal of $450.00), is the most desirable for the Agency and the City of San Bernardino. NOW, THEREFORE, BE IT RESOLVED by the Redevelcpn~nt Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized and directed to enter into Contract with Victor Fenster, for an hourly rate of $15.00 (lump sum proposal of $450.00), for accounting services in connection with the annual audit of Central City Project, as required in the R-79 bond issue. Adopted: 7-15-71 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolutions No. 2420 and 2421. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Jamison and Webster Noes: None Abstention: Dudley Absent: None Mr. Dudley stated that he has abstained from voting because both firms are friends of his and he also is a CPA. Mr. Varner stated for the record that both firms have done work for companies he is associated with. Mr. Wein stated that he would like to see Mr. Fenster under a Professional Services CPA would be working for the agency in th Mr. Dudley stated that a company receives is retained on a continuing basis. After was introduced: the Agency acquire the services of Contract. In this way the Agency's same manner as the Agency Counsel. the best services of a CPA when he discussion, the following resolution ls2s RESOLUTION N0. 2422 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIR- MAN AND SECRETARY TO EXECUTE A CONTRACT WITH VICTOR FENSTER, FOR PROFESSIONAL ACCOUNTING SERVICES WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, has 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 for its Central City Project and Meadow- brook Project; and WHEREAS, pursuant to such Contracts, the Local Public Agency is undertaking certain activities necessary for their execution; and WHEREAS, the Local Public Agency desires to engage the services of Victor Fenster, CPA, to render certain technical advice and assistance in connection with the accounting of said projects. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorizing to execute contracts with Victor Fenster, for Professional Accounting Services, in connection with the Central City Project and the Meadowbrook Project. Adopted: 7-15-71 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2422. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Dudley, Jamison and Webster Noes: None Abstention: None Absent: None SOUTHERN CALIFORNIA GAS COMPANY - CANOPY: Mr. Quinn stated that since our last meeting, the Southern California Gas Company has obtained another bid for the modification of their canopy. The low bid still remains at $9,205 from Elmer J. Kelgord. Mr. Gerkin, Gas Company, stated that he has been told the bids are high because the metal is procelain coated. Their original estimate for the work was $6,600. After discussion, motion was made by Jamison and seconded by Wein rejecting the bids submitted by the gas company, in that said bids are considerably higher than the engineering estimate. There was much discussion regarding methods in which to obtain lower bids. The Members suggested contacting metal and sign contractors. An addendum to the Agency's Invitation to Bid was suggested, but decided against. After careful review, motion was made by Wein and seconded by Gutierrez instructing the staff to investigate other contractors in the area regard- ing the modification of the gas company's canopy. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Jamison, Dudley, and Webster Noes: None Abstention: None Absent: None 1829 UPSET FIGURE - LEGAL CONTRACTS: A review of current upset figures for Legal Services in Project R-79 and Extra Legal Undertakings reveals that R-79 is overrun by $422.39 and Extra Legal by $2,059.60. Mr. Quinn requested authorization to increase the R-79 upset figure to $T20,000 and Extra Legal to $12,060.00. After discussion, the following resolutions were introduced: RESOLUTION N0. 2423 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING, THE CHAIRMAN AND SECRETARY TO AMEND CONTRACT WITH BRUCE D. VARNER TO INCREASE THE UPSET FIGURE FOR GENERAL LEGAL ACTIVITIES, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, by Resolution No. 488, entered into a Contract dated April 17, 1969, with Bruce D. Varner for Legal Services in connection with the Central City Project, Calif. R-79; and WHEREAS, Contract Amendment No. 5 increased the compensation of Mr. Varner;s contract by $50,000 to an amount not to exceed $710,000; and WHEREAS, it is the desire of the Agency to execute Contract Amendment No. 6 increasing the compensation of said contract from $110,000 to $120,000. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that Paragraph 4 is amended to read: "The Local Public Agency will pay the Contractor not to exceed One Hundred Twenty Thousand Dollars ($120,000) which shall constitute full and complete com- pensation far the Contractor's services hereunder. Such sum will be paid at the rate of Fifty Dollars ($50.00) per hour, ($35.00 authorized by HUD and $15.00 from local funds), in every case subject to receipt of an invoice for payment from the Contractor specifying that he has performed the work under this Contract in conformance with the Contract and that he is entitled to receive the amount invoiced under the terms of the Contract. In addition to the compensation provided above, the Local Public Agency will reimburse the Contractor for travel and subsistence expenses away from the Local Public Agency's principal place of business when said travel is specifically requested by the Local Public Agency. The limitations on cost of transportation and subsistence expenses shall be the same as those which currently prevail far staff members of the Local Public Agency. It is expressly understood and agreed that in no event will the total compensation and reimbursement, if any, to be paid hereunder exceed the maximum sum of One Hundred and Twenty Thousand Dollars ($120,000) for all of the services req ui red . " Adopted: 7-75-71 1830 Motion was made by Wein and seconded by Jamison authorizing the adoption of Resolution No. 2423. The motion was carried by the following vote, to wit: Aves: Wein, Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None RESOLUTION N0. 2424 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO AMEND CONTRACT WITH BRUCE D. VARNER TO INCREASE THE UPSET FIGURE FOR ADDITIONAL UNDER- TAKINGS OF THE AGENCY WHEREAS, the Redevelopment Agency of the Citv of San Bernardino, by Resolution No. 514, entered into a Contract dated May 1, 1967, with Bruce D. Varner for Legal Services in connection with Additional Undertakings of the Redevelop- ment Agency; and WHEREAS, it is the desire of the Agency to execute Contract Amendment No. 1 increasing the compensation of said contract from $5,009 to $12,060. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that Paragraph 4 is amended to read: "The Local Public Agency will pay the Contractor not to exceed Twelve Thousand and Sixty Dollars ($12,060), which shall constitute full and complete compensation for the Contractor's services hereunder. Such sum will be paid at the rate of Fiftv Dollars ($50.00) per hour, ($35.00 authorized by HUD and $15.00 from Tocal funds), in every case subject to receipt of an invoice for payment from the Contractor specifying that he has performed the work under this Contract in conformance with the Contract and that he is entitled to receive the amount invoiced under the terms of the Contract, In addition to the compensation provided above, the Local Public Agency will reimburse the Contractor for travel and subsistence expenses away from the Local Public Agency's principal place of business when said travel is specifically requested by the Local Public Aqencv. The limitations on cost of transportation and subsistence expenses shall be the same as those which currently prevail for staff members of the Local Public Agency. It is expressly understood and agreed that in no event will the total com- pensation and reimbursement, if any, to be paid hereunder exceed the sum of Twelve Thousand and Sixty Dollars ($12,060) for all the services required. Adopted: 7-75-71 Motion was made by Jamison and seconded by Dudley authorizing the adoption of Resolution No. 2424. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: None 1831 OTHER BUSINESS: Mr. Wein stated that he has been reviewing the decision of the Board at the last meeting to reimburse Wells Fargo Bank $8,373 for the removal of the under- ground rubble found on their property. It was stated at that meeting that the contractor charged 2.30 per cubic yard for the removal and replacement of the soil in an area 80' x 50', to a depth of approximately 9'. This area would equal 1,406 cubic yards. The price per yard would be far greater than $2.30. Mr. Quinn reviewed the billing with the Agency. The contractor claims that 2,540 cubic yards of material were hauled out, and replaced with 2,810 cubic yards'. Mr. Quinn explained that the $8,373 included charges for equipment, inspection, and contractors overhead. Mr. Quinn suggested that any action be tabled until the next meeting in order that representatives from the companies involved can be present. After further discussion, motion was made by Dudley and seconded by Gutierrez suspending the payment of 88,373 to Wells Fargo Bank, until the matter is given further consideration at the next board meeting. The motion was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, Wein, Jamison and Webster Noes: None Abstention: None Absent: None ADJOURNMENT: a Motion was made by Gutierrez and seconded by Wein to adjourn the meeting at 5:50 p.m. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Wein, Jamison, Dudley and Webster Noes: None Abstention: None "` Absent: None 1832 MINUTES OF THE REGULAR MEETING OF THE RFDEVELOPMEfJT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 5TH DAY OF AUf,UST, 1971, 320 NORTH "E" STREET, SAN BERPJARDINO, CALIFORNIA The meeting was called to order at 4:00 p.m. Roll Call showed the following: Agencv Members Present: Webster, Gutierrez, Jamison and Dudley Agencv Members Absent: Wein Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agencv Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of Julv 15, 1971 were submitted for approval. Mr. Webster requested that on Paqe 1, "Civic Light Opera Association - Lease", the first paragraph be revised as follows: "Mr. Varner stated that the City has requested that the Agencv lease the California Theater to them, and they in turn will sub-lease the appropriate portion of the property to the Civic Light Opera Association, ." After discussion, motion was made by Dudley and seconded by Jamison approving the Minutes of the Regular Meeting of July 15, 1971 as revised. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: !dein REPORT OF AGENCY COUNSEL: Mr. Varner stated that the leases regarding the California Theater property are still being finalized, and should be ready tomorrow. SANTA FE FEDERAL - PARKING ALLOCATION: A letter was presented from Santa Fe Federal Savings and Loan, requesting an additional 61 allocated parking spaces in the five level parking structure. Mr. Quinn explained that at the time of purchase of the property by Santa Fe, they were allocated 54 spaces in the structure. Their Disposition Agreement states that the Agency shall endeavor if possible to provide an additional 16 spaces. Santa Fe has now increased the size of their structure by adding an additional floor and feel that the additional parking is needed. 4:05 p.m. - Mr. Wein arrived at the meeting. Mr. Dick Corwin, leasing agent for Santa Fe, stated that the structure should have a ratio of 1 parking space per every 500 square feet of rental space. Mr. Webster stated that the Agency is very happy to have Santa Fe increase the size of their structure, but at the present time he cannot see how the Agency can guarantee the 61 additional spaces. He further explained that United California Bank might be decreasing the size of their structure from 12 stories to 8 or 9. This would make additional spaces available. The hotel site is not sold, and the size of this development is unknown. 1833 After discussion, the Chairman directed the letter to Santa Fe Federal Savings and Loan viewed their request for additional parking and it is believed that said request should time the Agency cannot agree to a firm comm All members agreed. Executive Director to forward a stating that the Agency has re- allocation in the parking structure be considered, but at the present ittment regarding this parking. r-.. Mr. Quinn stated that the Agency has two parking studies. These studies have not been tested. After the structure is completed, it might be to the City's advantage to change some of the allocations for parking spaces. WELLS FARGO BANK - REIMBURSEMENT FOR REMOVAL OF BASEMENT: Mr. Wein stated that he has received some volunteered information regarding this item, and feels that perhaps the matter should be tabled until this in- formation can be checked. Mr. Varner stated that due to the nature of this information, he believes it should be tabled for investigation. Upon advice of counsel, Mr. Webster tabled the Reimbursement for the removal of the basement on the Wells Fargo property until the next regular meet;na_ Mr. Varner stated that he would review the matter with the members at their work- shop meeting. All members agreed that the workshop meeting should be changed to Friday, August 13, 1971, at 2:00 p.m. REVIEW OF BIDS - CANOPY MODIFICATION: Mr. Quinn stated that only one bid was received at the time and place specified for bid opening for the canopy modification. Another bid was received, but it arrived the following day. ~9r. Varner stated that the second bid should be re- jected in that it did not arrive in conformance with the Invitation to Bid. Upon advice of Counsel, Mr. Webster rejected the bid of Carel R Gregory which arrived a day later than the specified bid opening date. The bid received is from William Eason. Mr. Eason's bid was read to the Members. The total amount for the job is $3,668 for overhead and profit. Mr. Wein stated that the invitation requested a time and material bid. In his thinking this bid should have been a percentage bid, not a fixed amount for overhead and profit. All members concurred. Mr. Eason explained that he has prices from all of his subcontractors. He took 10% of each of these prices and came up with his figure for overhead and profit. He stated that he subtracted the $4,000 contingency figure on his last bid, and used the same prices quoted from his subcontractors at that time to figure his lOq. The Members stated that the subcontractors also have contingencies in their bids. Mr. Eason stated that after the demolition is completed, he will be able to negotiate with his subcontractors to reduce their bid prices, when they can actually see the work that has to be done. After careful review and discussion, Mr. Varner stated that he would consider the bid of Mr. Eason's non-responsive, in that said bid was submitted with a total amount rather than a percentage of the total amount of the work. 1834 Motion was made by Wein and seconded by Dudley rejecting the bid submitted by Mr. Eason, in that said bid was not in conformance with the Invitation to Bid. The motion was carried by the following vote, to wit: Ayes: Wein, Dudley, Gutierrez, Jamison and Webster Noes: None Abstention: None Absent: None Mr. Wein stated that in view of the fact that the Agencv has invited bids for this work three times, and Mr. Eason has been the only bidder, he will move that the Agencv negotiate, at this time, with Mr. Eason for the work involved. Mr. Dudley seconded the motion. The motion was carried by the following vote, to wit: Ayes: Wein, Dudley, Jamison, Gutierrez and Webster Noes: None Abstention: None Absent: None After negotiations it was determined that the contract should not exceed $4,000 less than the amount of Mr. Eason `s last bid. This $4,000 represents the contingengv in the last bid that Mr. Eason stated he had dropped in this bid. Mr. Reynolds, Operations Department, was sent for the file on the last bid. Mr. Webster suggested discussing other matters on the Agenda until Mr. Reynolds returns. All members agreed. CALIFORNIA THEATER - LEASE AGREEMENT: In that the leases are not finalized, Mr. Jamison moved that the California Theater Lease Aqrement be tabled until the next regular meeting. Mr. Gutierrez seconded the motion. The motion was carried by the following vote, to wit: Ayes: Jamison, futierrez, Wein, Dudley and Webster Noes: None Abstention: None Absent: None PYLON SIGN Mr. Quinn presented renderings of suggested Pylon Signs submitted to the Agency by Gruen Associates. The Members reviewed the renderings, but determined that no decision should be made at this time. REVIEW OF BIDS - CANOPY MODIFICATION (CONT`D): Mr. Eason's last bid was in the amount of $40,892 --- $4,000 less this amount is $36,892. Mr. Eason to receive 10% of the total amount of the job. Mr. Eason stated that he would be reluctant to sign a contract for an amount not to exceed $36,892, until he has his subcontractors signed up with firm committments. He requested a letter of Intention to Award Contract.- In this way he could get-the firm committments. Mr. Eason stated that it would take no longer than five days to obtain these committments. Motion was made by Wein and seconded by Dudley instructing the Executive Director to write a letter of Intention to Award Contract for Canopy Modi- fication to William Eason. The motion was carried by the following vote, to wit: Ayes: Wein, Dudley, Jamison, Gutierrez and Webster Noes: None Abstention: None Absent: None 1835 After much discussion and careful review, the following resolution was introduced: RESOLUTION NO. 2425 RESOLUTION OF THE REDEVELOPMENT Af,ENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIR- MAN AND SECRETARY TO ENTER INTO CONTRACT WITH WILLIAM T. EASON, GENERAL CONTRACTOR FOR CANOPY MODIFICATIONS, 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 No. 7, Calif. R-79; and WHEREAS, the Agency called for proposals for canopy modification work within the Central City Project; and WHEREAS, one bid was received, that of William T. Eason, General Contractor, for an amount not to exceed $36,892; and WHEREAS, subject to Mr. Eason's negotiation with his subcontractors to reduce their bid price after the demolition work is complete in order that said sub- contractors can review the work that has to be completed; and WHEREAS, that profit to the contractor be renegotiated at the sole discretion of the Agency Board Members, if a savings can be affected. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino that the proposal of William T. Eason, General Contractor, be hereby accepted and the Chairman and Secretary be authorized to execute the Contract for Canopy Modifications, Central City Project No. 1. Adopted: 8-5-71 Motion was made by Wein and seconded by Gutierrez as follows: Resolution No. 2425 authorizing the award of a contract for Canopy Modification to William Eason, be approved, not to exceed the amount of $36,892, subject to Mr. Eason's approval within five days. Further subject to Mr. Eason's negotiations with his subcontractors to reduce their bid prices after the demolition work is accomplished, when said sub- contractors can actually review the work that has to be done. Further, that the profit to the Contractor can be re-negotiated, at the sole discretion of the Agency Board, if a savings to the Agency has been affected. The motion was carried by the following vote, to wit: Ayes: Idein, Gutierrez, Dudley, Jamison and Webster Noes: None Abstention: None Absent: None 1836 Mr. Gerkin, Southern California fas Company, was introduced to the Members. Mr. Gerkin stated that he has been truing to obtain a lower bid for his canopy modification. He went back to the original installers of the canopy and asked for a bid. Their bid was $13,000, plus $B,000 for clean up. This bid is in line with some of the steel manufacturers that Mr. Harper contacted for estimates. Mr. Quinn suggested that this canopy be added to Mr. Eason's time and material contract. Mr. Perkin stated that he would give Mr. Eason a set of the specifications, so that he would give the pas company a bid on the work. FONTANA PAVING - TIME EXTENSION: Mr. Quinn stated that Fontana Paving is requesting an extension of 7 days to their contract completion date. Three days due to conflict with utility com- panies working within the area, and four days because of the lime treatment to the spongey soil. Mr. Quinn recommended approval of this request. Mr. Quinn further stated that this will not affect the completion date of September 1st as far as "E" Street is concerned. The contractor must be out of the area between November 27th and January 1st. They will have to come back in after New Year's day to complete the work. Mr. Wein stated that he feels Fontana Paving is only entitled to two days for the lime treatment, and none for the interference with the utility companies, because of the hardship being caused the public downtown. After discussion, the following resolution was introduced RESOLUTION N0. 2426 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORI7_ING CHANf,E ORDER N0. 1, SITE PREPARATION UNIT 11, CALIF. R-79, FOR EXTENSION OF CONTRACT TIME NOT TO EXCEED 7 DAYS WHEREAS, Fontana Paving, Inc. entered into Contract with the Redevelopment Agency on June 11, 1971; and WHEREAS, during course of construction contractor was unable to place Class II base on north side of Fourth Street from the west curb line of "E" Street westerly approximately 34O feet' and WHEREAS, contractor was prevented placing base in this area because of the unsuitable material at subgrade elevation; and WHEREAS, required compaction was achieved, but material was spongey; and WHEREAS, because of work crews of Edison Co., Gas Co., and Citv Water and Sewer working within roadway, contractor was unable to perform any work in the major construction area. NOId, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be authorized to enter into Change Order No. 1 with Fontana Paving, Inc. for an extension of contract time for 7 calendar days with no increase in price. Said Contract will now expire December 2, 1971 Adopted: 8-5-71 1837 Motion was made by Dudley and seconded by Jamison authorizing the adoption of Resolution No. 2426. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Gutierrez and Webster Noes: None Abstention: Wein Absent: None LIME TREATMENT UNSTABLE EARTH -STREET IMPROVEMENTS: Mr. Quinn requested authorization to amend Eontana Paving's contract for Street Work to include Time treatment, whenever necessary, throughout the contract area, due to the spongy soil. After discussion, the following resolution was intro- duced: RESOLUTION N0. 2427 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRE- TARY TO ENTER INTO CHANGE ORDER N0. 3, SITE PREPARATION UNIT N0. 11, CENTRAL CITY PROJECT N0. 1 WITH FONTANA PAVING, INC. FOR LIME TREATMENT WHEREAS, this Agency entered into Contract with Fontana Paving, Inc. on June 71, 1977; and WHEREAS, during the course of grading the streets in said Central City Project, many areas of unsuitable subgrade have been encountered. The primary reason the subgrade is unsuitable is excess moisture in the soils. This moisture has been introduced over the years from leading subsurface utilities, primarily old sewer lines; and WHEREAS, due to high utility mains and laterals, deeper excavation and additional aggregate base is impractical and would be extremely expensive and time consuming; and WHEREAS, it has been recommended by the soil engineer that the addition of granular hydrated lime to be subgrade soil be added, which will effectively dry up the excessively wet soils and permit the project to proceed with a minimum of lost time; and WHEREAS, in order to accomplish this work, Fontana Paving Inc., will agree to perform same for a sum not to exceed Ten Thousand Dollars, with every effort to be made to hold the actual expenditure to an absolute minimum. NOW, THEREFORE BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be authorized to enter into Change Order No. 3 with Fontana Paving, Inc. for lime treatment of soil for a sum not to exceed the amount of $10,000. Adopted: 8-5-71 Motion was made by Jamison and seconded by Gutierrez authorizing the adoption of Resolution No. 2427, approving Change Order No. 3 with Fontana Paving, not to exceed $10,000•: The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Dudley, Wein and Webster Noes: None Abstention: None Absent: None 1838 REQUEST FROM REV. GERTRUDE M. WHETZEL A letter was presented to the Members from Rev. Gertrude M. Whetzel requesting consideration of the installation of a bronze statue of the late Dr. Martin Luther Kinq, Jr., in the area close to the new City Hall. Motion was made by Dudley and seconded by Wein referring the matter to the City of San Bernardino. The motion was carried by the following vote, to wit: Ayes: Dudley, Wein,. Gutierrez, Jamison and Webster Noes: None Abstention: None Absent: None PROGRESS REPORT LUNCHEON - AUGUST l8, 1971: Mr. Quinn requested authorization to expand not to exceed 5275 for the Progress Report Luncheon to be held August 18, 7971. After discussion, the following resolution was introduced: RESOLUTION N0. 2428 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF NOT TO EXCEED 4275 FOR THE PROGRESS REPORT LUNCHEON TO BE HELD AUGUST 18, 1971 ~aiHEREAS, it is the desire of the Members of the Redevelopment Agency of the City of San Bernardino, California, to invite those most involved in the re- vitalization of San Bernardino to a Progress Report Luncheon on August 18, 1971, to be held at the Pirates Den in San Bernardino. NOW, THEREFORE, BE IT RESOLVED that an expenditure of not to exceed $275, is hereby approved for the Progress Report Luncheon to he held August 78, 1977. Adopted: 8-5-71 Motion was made by Jamison and seconded by C,utierrez authorizing the adoption of Resolution No. 2428. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Wein, Dudley, and Webster Noes: None Abstention: None Absent: None CROCKER CITIZENS BANK - BASEMENT: Mr. Ouinn stated that the City has found that the allowable bearing value of the soil under Crocker Citizens Bank is 1,600 pounds per square foot. The building bearing load is estimated by the City to be approximately 2,800 pounds per square foot, with a possible addition of 600 pounds per square foot of live load. The total bearing load on the soil consequently is approximately 3,400 pounds per square foot on material calculated to have a bearing value of only 1,600 pounds per square foot. This situation possibly accounts for the number of cracks in the interior and exterior of the bank. 1839 The relocation of the basement wall will put additional strain on the column footings. Fontana Paving is at a delay in their work because of this situation. No work can be performed in the area until this concrete wail is poured and backfilled. Mr. Riddell, CHJ Material Lab, stated that a system exists called "Pressure Intrusion Grouting" which can remedy this situation. All Members agreed that the treatment should be accomplished before the basement wall is moved. Mr. Riddell stated that he would contact a firm who can give the Agency a bid for this work. Mr. Quinn stated that the work can be done from the interior of the bank, and therefore would not hold up Fontana Paving to such a great extent. All Members felt that Gabriel Brothers, owners of the bank, should be notified of the situation, together with the possible sharing of any costs attributable to this treatment. Mr. Quinn stated that the tenant, Crocker Bank, has been notified and a close survey of the cracks is being maintained by the staff. After careful review and discussion, motion was made by Jamison and seconded by Gutierrez to table the matter until the next regular meeting, until Mr. Quinn can advise Mr. Gabriel of the situation, and request the sharing of costs involved for the treatment with him. It was further moved that a Release be obtained from Gabriel relieving the Agency from any liability arising from any and all settle- ment of the building attributable to the soil condition. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Wein, Dudley and Webster Noes: None Abstention: None Absent: None OTHER BUSINESS: Mr. Quinn requested authorization to have conduit installed on Fourth Street along the north side of the Woolworth Building, in order that landscaping can be provided at a later date if the Board so desires. After discussion, the following resolution was introduced: RESOLUTION N0. 2429 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE INSTALLATION OF CONDUIT ALONG NORTH SIDE OF WOOLWORTH BUILDING ON FOURTH STREET WHEREAS, landscape plans do not provide for landscaping on the north side of the Woolworth Building on Fourth Street because the narrowing of the sidewalks; and WHEREAS, it is the desire of the Agency to provide conduit along said north side of Woolworth Building, in order that landscaping can be provided at a later date, if the Board so desires. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the expenditure of funds for the installation of conduit along the north side of the Woolworth Building on Fourth Street is hereby approved. Adopted: 8-5-71 1840 Motion was made b,y Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2429. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Dudley, Jamison and Webster Noes: None Abstention: None Absent: None ADJOURNMENT: Motion was made by Wein and seconded by Dudley to adjourn the meeting at 7:00 p.m. The motion was carried by the following vote, to wit: Ayes: Wein, Dudley, Jamison, Gutierrez and Webster Noes: None Abstention: None Absent: None 1841 MINUTES OF THE REGULAR MEETING OF THE MEMBERS OF THE REDEVELOP- MENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 79TH DAY OF AUGUST, 1977, 320 NORTH "E" STREET, ROOM 403, SAN BERNARDINO, CALIFORNIA The Chairman called the meeting to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Webster, Gutierrez, Wein, Jamison and Dudley Agency Members Absent: None Also Present: Mr. Varner, Agency Counsel; Mr. Quinn, Executive Director; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of August 5, 1971 were submitted for approval. Motion was made by Jamison and seconded by Gutierrez approving the Minutes of August 5, 1971 as submitted. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Jamison, Wein, Dudley and Webster Noes: None Abstention: None Absent: None EXPENDITURES: The Expenditures for the month of July, 7971, were submitted for approval. Mr. Quinn explained that all payments are made on contracts upon receipt of a bill- ing. The Executive Director has the authority to expend up to $200 on a bill- ing, without prior approval of the Board. Utility bills are automatically paid without prior Board approval. A77 Members agreed that a study should be made as to what type of expenditure can and cannot be paid without prior Board approval. Motion was made by Wein and seconded by Jamison approving the Expenditures for the month of July, T971 as submitted. The motion was carried by the following vote, to wit: Ayes: Wein, Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. WEST END DEVELOPMENT: A letter was presented from Bill Brown, Central City Company, setting forth their inability to obtain a feasible plan for the development of the entire West End portion of the Central City Project. As an alternative arrangement, they propose to purchase only the Second Street frontage to a depth of 150 feet, for the sum of $2.80 per square foot, and proceed diligently with the development. The price of $2.80 per square foot was discussed. Mr. Webster asked Mr, Varner if the President's "Price Freeze" would preclude the Agency from increasing the price for this frontage. Mr. Varner stated that he could not definitely answer, but that he did not believe it would affect any price increase. Mr. Quinn stated that the original concurrence from HUD was based on $2.80 per square foot for each parcel. 1842 Mr. Varner stated that any change in their Disposition Agreement would require a Public Hearing. All Members agreed that this partial development would be a step forward to development of the entire section. After further discussion, the following resolution was introduced: RESOLUTION N0. 2430 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE PUBLI- CATION OF A NOTICE OF PUBLIC HEARING, FOR AN AMENDMENT TO DISPOSITION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND CENTRAL CITY COMPANY, FOR DISPOSITION OF THE WESTERN SECTOR OF THE CENTRAL CITY PROJECT WHEREAS, by Resolution No. 2034, the Redevelopment Agency of the City of San Bernardino, California, authorized the sale of Reuse Parcels 24 through 35, Calif. R-79 (Western Sector) to Central City Project+ and WHEREAS, Central City Company has been unable to obtain a feasible plan for the development of this entire section of the Central City Project; and WHEREAS, they have proposed an alternative arrangement, whereby they purchase only the Second Street frontage to a depth of 15O feet, and proceed diligently with the development; and WHEREAS, the Agency Members have carefully reviewed the proposal and have de- termined it to be to the best advantage of the Agency and the City of San Bernardino. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the publication of a Notice of Public Hearing on an amendment to Disposition Agreement between the Redevelopment Agency and the Central City Company, for the disposition of the Western Sector of the Central City Project is hereby approved. Adopted: 8-19-71 Motion was made by Jamison and seconded by Wein authorizing the adoption of Resolution No. 2430. The motion was carried by the fallowing vote, to wit: Ayes: Jamison, Wein, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None WELLS FARGO - REIMBURSEMENT FOR REMOVAL OF BASEMENT: Mr. Varner recommended the tabling of this matter until the next Regular Meeting, in that their investigation has not been completed. Upon recommendation of Counsel, Mr. Webster tabled the matter until the next Regular Meeting. SWEET ADELINES - NOVEMBER 5 & 6, 1971, USE OF THE MALL: A letter was presented from the Sweet Adelines, Inc., requesting the use of the Mall on November 5 & 6, 7971. The letter stated that they have made arrangements to use the facilities of the California Theater for their show, and would like to use the mall for their after-show activities. They stated that they will provide the necessary insurance and clean-up. Mr. Varner asked 1843 Mrs. Mendrick, Show Chairman, who was contacted regarding the California Theater. Mrs. Mendrick stated that they contacted Civic Light Opera, and signed a contract for the theater use night. Mr. Varner asked Mrs. Mendrick if the Agency could be of the contract. Mrs. Mendrick stated that she would provide Varner advised Mrs. Mendrick not to pay any funds until after the contract. use of the Mr, Dale Jenks, for $300 each given a copy a copy. Mr, he has reviewed After discussion, motion was made by Wein and seconded by Jamison authorizing the Sweet Adelines use of the mall on November 5 & 6, 1971. The motion was carried by the following vote, to wit: Ayes: Wein, Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None CALIFORNIA THEATER - LEASE AGREEMENT Mr. Varner requested authorization to submit to the City for approval a lease for the entire California Theater property, for $6,000 per year. The $6,000 per year is the estimated income for the commercial property within the theater. The Lease will have a 40 year term, but cancellation can be effected immediately, upon notice of either party. The City will be responsible for any repairs, insurance, utilities, maintenance, damages. The Agency will have total access to the building at any time it deems necessary. The City will sub-lease the theater portion to the Civic Light Opera Association. Said lease will require the approval of the Agency. The Civic Light Opera will appoint a manager. Said manager shall be approved by the City and Agency, as well as his salary. No alterations to the theater shall be made without prior approval. Any party using the facility must provide necessary insurance, hold- ing the Agency and City harmless in the event of any damages. After careful review and discussion, motion was made by Wein and seconded by Jamison, authorizing the Legal Counsel to submit a Lease to the City of San Bernardino for the entire California Theater property, containing the above discussed conditions. The motion was carried by the following vote, to wit: Ayes: Wein, Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None 4:45: Mr. Jamison was excused from the meeting. Mr. Varner requested authorization from the Board to submit the leases for the parking structures and the area around the City Hall, to the City for their approval. Motion was made by Wein and seconded by Gutierrez authorizing the Legal Counsel to submit the leases for the parking structures, and the area around the new City Hall to the City of San Bernardino. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Dudley, and Webster Noes: None Abstention: None Absent: Jamison CROCKER CITIZENS BANK - BASEMENT: Mr. Quinn explained that the grouting has been completed under the Cracker Citizens Bank. Mr. Varner stated that he has reviewed the release of damages and it has been signed by all parties. 1844 Mr. Quinn requested authorization to pay for the contractors services, not to exceed $5,000 for this grouting service. The Members asked if the owner and lessee have been contacted regarding a sharing in the cost of this grouting. Mr. Quinn stated that they have been contacted but the Agency does not know if they are willing to share in the costs. After discussion, the following resolution was introduced: RESOLUTION N0. 2431 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE PAYMENT OF NOT TO EXCEED $5,000 FOR GROUTING SERVICE TO THE CROCKER CITIZENS BANK WHEREAS, the allowable bearing value of the soil under Crocker Citizens Bank if T,600 pounds per square foot. The building bearing load is estimated by the City to be approximately 2,800 pounds per square foot, with a possible addition of 6OO pounds per square foot of live load. The total bearing load on the soil is approximately 3,400 pounds per square foot on material cal- culated to have a bearing value of only 1,600 pounds per square foot; and WHEREAS, said condition possibly accounts for the number of cracks in the interior and exterior of the bank; and WHEREAS, a system exists called "Pressure Intrusion Grouting" which can remedy this situation; and WHEREAS, Prepakt Concrete Company performed said grouting service for an amount not to exceed $5,000; and WHEREAS, the Agency Members have determined that the owner of the bank build- ing, Antone Gabriel, and the lessee, Crocker Citizens Bank, should be contacted regarding participation in the cost of said grouting. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the payment of not to exceed $5,000 is hereby approved for the grouting service performed under Crocker Citizens Bank. BE IT FURTHER RESOLVED that payment shall not be made until the Owner and Lessee have been contacted regarding a sharing in the cost involved. Adopted: 8-19-71 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2431, authorizing the payment of not to exceed $5,000 for grouting services to Crocker Citizens Bank. Payment not to be made until the Owner and Lessee of the building have been contacted regarding a sharing in the cost of same. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Dudley and Webster Noes: None Abstention: None Absent: Jamison The Chairman directed the Legal Counsel to contact Bob Bierschback, attorney for the owner and lessee, regarding this cost participation. 1845 PYLON SIGN The renderings of the proposed Pylon Sign for the Central City Mall were reviewed and discussed. The removal of tfie "Logo" was discussed. After con- sideration, motion was made by Dudley and seconded by Gutierrez referring the renderings back to Gruen Associates for further renderings - removal of the "Logo" -four sided sign renderings -and larger letter of Central City Mall. The motion was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: Jamison Mr. Webster directed the Secretary to also refer the matter to the Agency's Operations Ass6stant, Amador Estevene. ARROWHEAD ENGINEERING CONTRACT AMENDMENTS - R-10 CONTRACT: R-79 CONTRACT: AND SURVEY & STAKING CONTRACT: Mr. Varner recommended that the above items be tabled until a determination is made regarding the President's "Price Freeze". Motion was made by Dudley and seconded by Wein tabling any contract amendments regarding fee schedules to Arrowhead Engineering's contracts. The motion was carried by the follow- ing vote, to wit: Ayes: Dudley, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: Jamison NAHRO'S 33RD NATIONAL CONFERENCE: Authorization was requested for attendance at NAHRO's 33rd National Conference, October 3-6, 1971 in Kansas City, Missouri. The budget allows four Board Members to attend and two staff members. The following resolution was introduced: RESOLUTION N0. 2432 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING NO MORE THAN FOUR BOARD MEMBERS AND TWO STAFF MEMBERS TO TRAVEL TO KANSAS CITY, MISSOURI, OCTOBER 3-6, 1971, TO ATTEND NAHRO'S 33RD NATIONAL CONFERENCE 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 not more than four Board Members and two Staff Members to travel to Kansas City, Missouri, October 3-6, 1971, to attend NAHRO's 33rd National Conference. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the travel of not more than four Board Members and two Staff Members, to Kansas City, Missouri, October 3-6, 1971, to attend NAHRO's 33rd National Conference, is hereby approved; and their travel expenses are hereby authorized in accordance with Resolution No. 2043, as amended. Adopted: 8-19-71 1848 AMENDMENT TO DISPOSITION AGREEMENT - CENTRAL CITY COMPANY Mr. Bi7T Brown, representing Central City Company, was presented to the Board. A rendering of their proposed development was presented and explained. Two service stations are anticipated and two restaurants. The parking will meet all codes and regulations. It is proposed that the restaurants will be approximately 5,000 square feet each. Upon approval of the Amendment, escrow will open and be closed within 60 days. Construction will start 120 days after close-of escrow, and be complete within 9 months. After further discussion, the following resolution was introduced: RESOLUTION N0. 2433 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE SALE OF PORTION OF REUSE PARCELS 32, 33 and 34, R-79, TO JOHN S. GRIFFITH AND COMPANY, A CALIFORNIA CORPORATION AND CURCI-TURNER COMPANY, A GENERAL PARTNERSHIP dba CENTRAL CITY COMPANY WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to sell property located in its Central Citv Project No. 1, Calif. R-79, to qualified Redevelopers to develop the land in accordance with the Re- development plan thereof; and WHEREAS, said property was advertised in the Sun-Telegram under Notice of Portion Reuse Parcels for Sale in the Central City Project on August 25, 1977 and September 1, 1971; and WHEREAS, at the regular meeting of the Agency held on September 2, 1971, the Agency members examined the offer to purchase submitted by the Central City Company, hereinafter called the "Redeveloper", for the purchase of that cer- tain parcel described as: Portion of Reuse Parcels 32, 33 and 34. NOW, THEREFORE, BE IT RESOLVED that the Agency does hereby determine that said offer to purchase of said Redeveloper is satisfactory and the Chairman and Secretary of the Agency are hereby authorized and directed on behalf of the Agency to execute said Agreement of Sale and all other documents necessary to carry out the terms of the Agreement. Adopted: 9-2-71 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of resolution No. 2433. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Webster, Dudley and Jamison Noes: None Abstention: None Absent: None 1849 WELLS FARGO BANK - REIMBURSEMENT FOR REMOVAL OF BASEMENT: Mr. Gresham stated that Mr. Varner has recommended that this item be tabled until the next Regular Meeting. Mr. Varner was called out of town just shortly before the meeting on an urgent matter. Motion was made by Wein and seconded by Gutierrez tabling reimbursement to Wells Fargo Bank until the next regular meeting. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Gutierrez, Dudley and Jamison Noes: None Abstention: None Absent: None DISPOSITION OF RIGHT-OF-WAY: Mr. Quinn stated that at the last Regular Meeting there was discussion regarding the proposed disposition of the old Southern Pacific right-of-way. It was pro- posed at that time to sell the portion of the right-of-way, adjacent to the Garner, Tee, Tracadas & Troy building (approximately 25' x 176') to Garner, Tee, Tracadas and Troy for $11,000 ($2.50 per square foot) subject to HUD review. It was further proposed to quit claim the Agency's interest in the remaining portion of this right-of-way to the Water Department. The Members requested representatives from the Water Department, the City of San Bernardino, and Garner, Tee, Tracadas & Troy to be present regarding this proposed disposition. Mr. Ernest Malloy, Water Department, was presented to the Members. Mr. Quinn stated that Mr. Tracadas had stated that he would be here but is not. Mr. Topper from the City stated that the Water Department should make its own decision regarding funds. Mr. Malloy explained that if the water department is sold, past policy would dictate that the funds involved would remain Water Depart- ment funds. Mr. Malloy stated that their Board has agreed to accept the quit claim of the Agency's interest in the remaining portion of the right-of-way. They are agree- able to obtaining complete title through negotiations with Southern Pacific. Mr. Wein stated that it might be to the Water Department's advantage to purchase the 25' x 176' strip from the Agency, in that it might enhance their changes for disposition of the Watern Department parcel at a later date. Mr. Malloy stated that their Board does not desire to purchase this portion of the right-of-way, and that they feel it would be better used by Garner, Tee, Tracadas & Troy. After further discussion, motion was made by Dudley and seconded by Jamison authorizing the Executive Director to offer the firm of Garner, Tee, Tracadas & Troy, the portion of the Southern Pacific right-of-way, adjacent to their property, for $17,000, subject to HUD review. The Members further authorized the execution of a quit claim deed from the Agency to the Water Department for any Agency interest in the remaining portion of said right-of-way. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Gutierrez, and Webster Noes: None Abstention: Wein Absent: None COURT HOUSE CLOCK: Mr. Earl Buie was presented to the Members. Mr. Buie stated that he would like to see the old Court House Clock, which is in storage, installed within our Central City project. A photo of the old Court House and clock were presented to the Members. The County has stated that they will give the clock to the Agency, if the Agency will refurbish and install it. 1846 Motion was made by Gutierrez and seconded by Wein authorizing the adoption of Resolution No. 2432. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Wein, Dudley and Webster Noes: None Abstention: None Absent: Jamison SUPER BLOCK SIGN: A rendering of the proposed Super Block Sign was presented to the Board. Motion was made by Dudley and seconded by Gutierrez approving the sign as proposed for the Super Block area. The motion was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: Jamison OTHER BUSINESS: Mr. Quinn submitted a map outlining the old Southern Pacific right-of-way, which runs between the Garner, Tee, Tracadas & Troy property and the City Water Depart- ment. Mr. Quinn stated that it is proposed that this right-of-way adjacent to the Garner, Tee, Tracadas R Troy building, approximately 25' x 176', be sold to them for $11,000 ($2.50 per square foot), subject to HUD review. The Agency owns portions of the remainder of this right-of-way. It is proposed that the Agency quit claim their interest in this portion of the right-of-way to the Water Depart- ment. The Water Department can then negotiate with Southern Pacific regarding title and ownership. This method would put the prooerty back on the tax rolls. Both parties have been contacted regarding this method & they concur. The Members stated that they would like to discuss the matter with all parties at the next Regular Meeting. Mr. Varner stated that the disposition of this property would require a Public Hearing. After further discussion and review, the Chairman directed the Secretary to invite the City, the Water Department, and Earner, Tee, Tracadas & Troy to the next Board Meeting to discuss the proposed disposition of the Southern Pacific right-of-way. ADJOURNMENT: Motion was made by Gutierrez and seconded by Dudley to adjourn the meeting at 5:20 p.m. The motion was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: Jamison 1847 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 2ND DAY OF SEPTEMBER, 7971, 320 NORTH "E" STREET, SAN BERNARDINO, CALIFORNIA The Meeting was called to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Webster, Wein, Gutierrez, Dudley and Jamison Agency Members Absent: None Also Present: Mr. Quinn, Executive Director; Mr. Gresham, acting as Agency Counsel in the absence of Mr. Varner; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of August 79, 1971 were submitted for approval. Motion was made by Jamison and seconded by Dudley approving the Minutes of August 79, 1971 as submitted. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None PUBLIC HEARING - AMENDMENT TO DISPOSITION AGREEMENT, CENTRAL CITY COMPANY WESTERN SECTOR OF CENTRAL CITY PROJECT: Mr. Webster stated that now is the time and place designated for the Amendment to our Disposition Agreement with Central City Company reducing their purchase of the Western Sector from the entire area to only that property along Second Street to a depth of 150 feet. Mr. Webster asked if there were any objections to the amendment proposed. Mr. Libman, former owner of Sample Dress Shop, stated that as a displacee he would object to the sale of this property in that it did not give displacees the op- portunity to purchase the property. It was explained to Mr. Libman that this amendment actually is putting 500,000 square feet of property back on the mar- ket. Mr. Libman was advised that if he desires to purchase a parcel of property for development he should contact Mr. Quinn. Mr. Wein stated that the Notice of Public Hearing advertised in the paper states that the Redeveloper is proposing to purchase a portion of Reuse Parcels 32, 33 and 34 from the Agency. The original purchase was for parcels 25 through 35. Mh. Libman questioned the price of $2.80 per square foot for this property. Mr. Quinn explained that this is the concurred in price given by HUD on these parcels of property. The Chairman asked Mr. Libman if he had any further objections. Mr. Libman stated that in that he is assured that additional property is available within the Western Sector, he had no further objections. The Public Hearing was closed. 1850 Mr. Buie stated that Mr. Bob Wells, San Bernardino Clock Club, stated that the clock is really in quite good condition. The Clock Club will donate their time and refurbish the clock as a project, if the Agency agrees to his proposal. Mr. Quinn stated that two clocks are proposed for the mall. Each clock is budgeted for $7,500. The Members discussed the possibility of installing the clock in the mall. All members agreed that the architect would have to be consulted in this matter. Mr. Gutierrez suggested that the City be con- tacted, regarding a tower of some sort, in the island dividing "E" Street. All members expressed their desire to restore the clock if at all feasible. Mr. Buie stated that the clock club will need a garage size room to work on the clock. The Members discussed the possibility of the Agency's maintenance office on Arrowhead Avenue. After further discussion, motion was made by Wein and seconded by Gutierrez, instructing the Executive Director and staff to investigate all avenues re- garding refurbishing and proper location for installation of the old Court House Clock. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Dudley, Jamison and Webster Noes: None Abstention: None Absent: None The Chairman thanked Mr. Buie for his presentation and interest in our Central City. SOUTHERN CALIFORNIA GAS CANOPY: Mr. Quinn stated that Mr. Eason has presented a bid for the modification of the Southern California Gas Canopy. His bid is in the amount of $11,555.00. This bid far exceedssthe low bid obtained by the Gas Company from Keldgord in the amount of $9,205. He stated that it would be his recommendation to authorize Southern California Gas Company to have the work accomplished, and authorize reimbursement in the amount of the low bid, or $9,2Q5. After discussion, the following resolution was introduced: RESOLUTION N0. 2434 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING REIMBURSEMENT OF $9,205 TO SOUTHERN CALIFORNIA GAS COMPANY, FOR MODIFICATION OF THEIR CANOPY, CENTRAL CITY PROJECT WHEREAS, due to street work along Fourth Street, it has become necessary to modify the Southern California Gas Company's canopy; and WHEREAS, the Southern California Gas Company prefer to have the work accomplished under their awn jurisdiction; and WHEREAS, they have obtained bids for said service, the lowest being submitted by Keldgord in the amount of $9,205; and WHEREAS, the Agency members have determined that reimbursement to the Southern California Gas Company in the amount of $9,205 for modification of their canopy is warranted. 1851 NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, that the reimbursement of $9,205 to the Southern California Gas Company is hereby approved, for canopy modification work. Adopted: 9-2-71 Motion was made by Jamison and seconded by Wein authorizing the adoption of Resolution No. 2434. The motion was carried by the following vote, to wit: Ayes: Jamison, Wein, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None ASSISTANCE LEAGUE - USE OF THE MALL, APRIL 22, 1972: A letter was presented from the Assistance League April 22, 1972 for the Starlight Headdress Ball. insurance and cleanup. After discussion, motion by Jamison authorizing the Assistance League to u for their Starlight Headdress Ball. The motion w to wit: Ayes: Wein, Webster, Gutierrez, Dudley an Abstention: None Absent: None PYLON SIGN: requesting use of the mall on They will provide the necessary as made by Dudley and seconded e the mall on April 22, 1972 s carried by the following vote, Jamison Noes: None Mr. Quinn presented to the Members several renderings of the proposed pylon sign prepared by the Agency staff. After review, motion was made by Dudley and seconded by Gutierrez referring the renderings of the staff to Gruen Associates. The motion was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, Jamison, Wein and Webster Noes: None Abstention: None Absent: None HUD RELOCATION WORKSHOP: Mr. Quinn requested authorization to allow two staff members to attend the HUD Relocation Workshop in San Diego on September 14, 1971. The workshop is for re- view of aTl changes in relocation regulations. Mr. Wein requested that the two staff that attend submit a report on all changes made. The following resolution was introduced: RESOLUTION N0. 2435 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING T410 STAFF MEMBERS TO ATTEND RELOCATION WORKSHOP TO BE HELD SEPTEMBER 14, 1971, IN SAN DIEGO, CALIFORNIA 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 not more than two staff members to travel to San Diego, California, September 13 and 14, 1977, to attend a Relocation Workshop. 1852 NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the travel of not more than two staff members to San Diego, California, September 73 & 14, 1971, to attend a Relocation Workshop is hereby approved, and their travel expenses are hereby authorized in accordance with Resolution No. 2043, as amended. Adopted: 9-2-71 Motion was made by Dudley and seconded by Gutierrez authorizing the adoption of Resolution No. 2435. The motion was carried by the fallowing vote, to wit: Ayes: Dudley, Gutierrez, Jamison, Wein and Webster Noes: None Abstention: None Absent: None PAYMENT TO PREPAKT CONCRETE COMPANY: Mr. Quinn stated that Mr. Varner contacted Crocker Bank and Mr. Bierschbach, attorney for Gabriel Brothers regarding sharing in the cost of grouting for the Crocker Citizens Bank. Both parties stated that they would not share the costs. After discussion, the following resolution was introduced: RESOLUTION NO. 2436 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING PAYMENT OF NOT TO EXCEED $5,000 TO PREPAKT CONCRETE COMPANY WHEREAS, Resolution No. 2431, adopted 8-19-71, authorized payment of not more than $5,000 for grouting services performed under Cracker Citzens Bank; and WHEREAS, said Resolution No. 2431, prohibited payment of said expense until the Owner and Lessee of the building were contacted regarding sharing of said costs; and WHEREAS, the owner and lessee have been contacted and have refused to share in said costs. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the payment of not to exceed $5,000 to Prepakt Concrete Company is hereby approved. Adopted: 9-2-77 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2436. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Webster, Dudley and Jamison Noes: None Abstention: None Absent: None POLICY REGARDING CALIFORNIA THEATER: Mr. Quinn stated that he has been contacted by Father Jerry Butler requesting the use of the California Theater for several days in October for lectures. Father Butler works out of the diocees of San Diego and works in ethnic relations. 1853 Mr. Quinn stated that the lease with the City of San Bernardino for the California Theater property has not been executed, and the Agency is now in a position where a policy should be made regarding fees to be charged, until such time as the City takes over under the lease agreement. After discussion, it was determined that Father Butler should write a letter to the Agency, explaining his proposed use of the Theater. The Members also requested his presence at a future meeting, in order that they can be better aware of the matter. After careful review, the Members agreed to a policy whereby the California Theater would be leased to organizations fora rate of $300 per day. Any reduction in this price would be determined as to whether the organization renting the Theater is charging admission or not. This policy will only extend until the City of San Bernardino has executed the Lease Agreement with the Agency for the entire property. OTHER BUSINESS: Mr. Webster stated that he will be out of town on the 76th, the date of the next Regular Meeting. After discussion, motion was made by Wein and seconded by Jamison changing the date of the next Regular Meeting from September 76, 1971 to Tuesday, September 14, 1971. ADJOURNMENT: Motion was made by Jamison and seconded by Dudley to adjourn the meeting at 6:00 p.m. The motion was made by the following vote, to wit: Ayes: Jamison, Dudley, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None 1854 MINUTES OF THE REGULAR MEETINr, OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE T4TH DAY OF SEPTEMBER, 1971, 320 NORTH "E" STREET, SAN BERNARDINO, CALIFORNIA The meeting was called to order at 4:04 o.m. Roll Call showed the following: Agency Members Present: Webster, Gutierrez, Dudley, Jamison Aqencv Members Absent: Wein Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Contreras, Secretary MINUTES: The Minutes of the Regular Meeting of September 2, 1971, were submitted for approval. Motion was made by Jamison and seconded by Dudley approving the Minutes of September 2, 1971 as submitted. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Dudley and Jamison Noes: None Abstention: None Absent: Mr. Wein EXPENDITURES: The Expenditures for the Month of August, 1971 were submitted for approval. Motion was made by Dudley and seconded by Gutierrez approving the Expenditures of August, 1971 as submitted. The motion was carried by the following vote, to wit: Ayes: Dudley, futierrez, Webster and Jamison Noes: None Abstention None Absent: Wein IdELLS FARf,O BANK - REIMBURSEMENT FOR REMOVAL OF BASEMENT Mr. Varner, Agency Counsel, stated that the investigation for the request from Wells Fargo for reimbursement for removal of basement has been completed. The findings were that the work had been accomplished and that payment should be made as requested. Mr. Quinn stated that additional charges attributable to overtime should be assumed by Wells-Fargo. Overtime charges are approximately $T ,148.79. •A#ter further discussion, the following resolution was introduced: RESOLUTION N0. 2437 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZINf, REIMBURSEMENT TO WELLS FARGO BANK FOR THE REMOVAL OF THE BASEMENT, EXCLUDING OVER-TIME CHARGES WHEREAS, Resolution No. 2418 authorized a reimbursement to Wells Fargo Bank in the amount of $8,373, for the removal of basement and underground rubble on Reuse Parcel 2 R 3, Calif. R-1Q; and 1855 WHEREAS, at the Regular Meeting of July 15, 1971, motion was adopted suspending the reimbursement of $8,373 to Wells Fargo Bank for the removal of said under- ground rubble until further investigation; and WHEREAS, the contractor's cost breakdown figures calculate the actual cost of work performed to be in the amount of $8,323.54; and WHEREAS, at the Regular Meeting of September 74, 1971, said matter was thoroughly reviewed, and determination was made that said work had been accomplished and payment warranted. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the reimbursement to Wells Fargo Bank for the removal of basement and underground rubble is hereby warranted. Reimbursement shall be made for the amount of $7,174.75 ($8,323.54 less all overtime charges, amounting to $7,148.79). Adopted: 9-14-71 Motion was made by Jamison and seconded by Dudley authorizing the adoption of Resolution No. 2437. The motion was carried by the following vote to wit: Ayes: Dudley, Webster, Jamison, Gutierrez Noes: None Abstention: None Absent: Wein COURT HOUSE CLOCK: Mr. Earl Buie, staff member of the Sun-Telegram Newspaper, introduced to the Board Members, Messrs. Wells and Wolf, members of a San Bernardino Clack Club who will donate their time to refurbish the Court House Clock. Mr. Quinn stated that in a meeting with Gruen Associates, Mr. Lance Bird,stated they are excited about the idea of the clock in the Central City Area, but that neither the Exhibit Hall nor the Mall would be able to resist the weight of the clock. Suggestions were made of having a tower in the "D" Street Island with the clock face on top of the mechanism at a lower level. Mr. Buie stated that City Hall should propose the site for mounting the clock. Mr. Webster then suggested that both Mr. Buie and the Agency contact the City so that a site can be proposed and also who will incur expenses for putting the clock in operable condition. Mr. Wein arrived at 4:20 p.m. DISPLAY WINDOW - FRANK LUSH: Mr. Quinn stated that the Agency had received a letter from Mr. Frank Lush where he requests the replacing of a canopy which had been removed due to the widening of "E" Street. He stated that the removal of the canopy has damaged his display window, because the sun was melting the watch cases, etc. Mr. Harper was called to the meeting and asked about his talk with Mr. Lush. Mr. Harper stated that he had been in Mr. Lush's Jewelry store at the time when the sun was directly on his display window, and he felt that damage to the dis- play window was due to the removal of the canopy. 1856 Mr. Jamison stated that he felt the Agency was not liable for this type of situation. That Mr. Lush should qo to his landlord (Crocker-Citizen Bank) and request this canopy be replaced, since he is a month-to-month tenant. Mr. Wein stated that since the Aqency had relocated him and because the Agency was involved with the widening of "E" Street, therefore the Agency had a moral obligation towards this man and his canopy should be replaced at the expense of the Agency. Mr. Ouinn stated that an awning of this tvpe would cost approximately $150.00. Mr. Varner stated that this was a proper expense of the Agencv since the cutting of the canopy had caused this condition. Mr. Wein made a motion and was seconded by Mr. Dudley, approving the installation of a new canoo_v, with cost incurred by the Agencv> pending an investigation by Jamison, Quinn and Wein on September 15, 1971, and a Release and Waiver be signed by Mr. Lush. Motion was carried by the following votes to wit: Ayes: Jamison, Dudley, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None 4:45 p.m. - Mr. Idebster adjourned the meeting for an executive session. 5:30 p.m. - Mr. Webster reconvened the meeting. CALIFORNIA THEATRE: Mr. James Swing, Attorney, introduced himself to the Board Members. He stated that he was appearing before the board on behalf of Mrs. Mrytle Bard, Member of the Civic Light Operation Association, to find out how the situation stands re- garding the California Theatre Lease. Mr. Varner informed Mr. Swing that a proposed lease and sublease had been drawn, and would be presented to the City for their review and acceptance. Until such time as the leases were executed, the Aqency was still the owner of the California Theatre and any bookings for the use of the theatre would be screened through the Agency. As it stands right now, any bookings already made by the CLO, will be acknowledged by the Agency, and no changes or cancellations be requested. Mr. Varner also informed Mr. Swing that copies of the leases will be furnished him so that he can be aware of the terms and conditions. ALTERNATE PROPOSAL SECTION "E" STREET - FONTANA PAVING R79: Mr. Quinn informed the Board Member that due to existing telephone line cables which are in danger of being damaged on the West section of "E" Street, between 4th and 2nd Streets, Fontana Paving cannot use construction equipment near these cables because they can break or damage the lines. In order not to disturb these cables, Fontana Paving has submitted an alternative proposal whereby they will place 12 inches of asphalt concrete in lieu of Class 2 Base. This work is to be completed by October 1, 1971, and will not exceed a cost of $3.000. After further discussion, the following resolution was introduced 1857 RESOLUTION N0. 2438 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CHANGE ORDER NO. 4 WITH FON- TANA PAVING, INC. SITE PREPARATION UNIT N0. 71, CALIF. R-79 fOR PLACING OF 12 INCHES OF ASPHALT CONCRETE IN LIEU OF CLASS II BASE, WEST SECTION OF "E" STREET, IN AN AMOUNT NOT TO EXCEED THREE THOUSAND DOLLARS WHEREAS, this Agency entered into Contract with Fontana Paving, Inc., June 17, 1971; and WHEREAS, due to existing telephone line cables which are in danger of being damaged on the west section of "E" Street, between 4th and 2nd Streets, Fontana Paving cannot use construction equipment near said cables because they can break or damage the lines; and WHEREAS, in order not to disturb said cables, Fontana Paving has submitted an alternate proposal whereby they will place 12 inches of asphalt concrete in lieu of Class II Base; and WHEREAS, this work is to be completed no later than October 1, 1971 with the cost not to exceed the amount of Three Thousand Dollars. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be authorized to enter into Change Order No. 4 with Fontana Paving, Inc. for a sum not to exceed THREE THOUSAND AND NO/100 DOLLARS. Adopted: 9-14-71 Motion was made by Wein and seconded by Jamison authorizing the approval of Resolution No. 2438. Motion was carried by the following votes to wit: Ayes: Jamison, Webster, Gutierrez, Dudley and Wein Noes: None Abstention: None Absent: None DEBUTANTE BALL, NOVEMBER 13, 1971 -MALL: A letter was presented by The Swans' Club, requesting the use of the Mall on November 13, 1971 for their Debutante Ball. Motion was made by Wein and seconded by Gutierrez authorizing the use of the Mall on November 13, 1971 by the Swans' Club for their Debutante Ball. Motion was carried by the following vote to wit: Ayes: Wein, Gutierrez, Webster, Jamison, and Dudley Noes: None Abstention: None Absent: None INCREASE IN LINESCH AND ASSOCIATES CONTRACT - R-79: Mr. Webster recommended that this item be tabled until next meeting at which time a member of Gruen Associates will be asked to appear before the Board and explain or clarify problems pertaining to landscaping of Mall Parking Area. 1858 REVEREND BUTLER'S LECTURES - CALIFORNIA THEATRE A letter was presented from Reverend Butler, Director of Confraternity of Christian Doctrine, Diocese of San Diego, requesting the use of the California Theatre to conduct a series of lectures. Mr. Dudley made a motion and was seconded by Gutierrez approving the use of the California Theatre by the Confraternity of Christian Doctrine with the following stipulations: (a) A $300 rent fee per day (b) Non-refundable 50% deposit re- quired (c) Organization must provide liability insurance. Motion was carried by the following vote, to wit: Dudley, Wein, lJebster, Jamison, Gutierrez Noes: None Abstention: None Absent: None Reverend Butler will be notified of the conditions for the use of the Theatre. The CLO will be notified of booking dates in order to coordinate with their schedule. REQUEST FOR USE OF MALL: (a) ARROWHEAD UNITED FUND (b) ARROWHEAD ALLIED ARTS COUNCIL (c) HADASSAH WOMEN'S ZIONIST ORGANIZATION Letters were presented to the Members from the three organizations requesting the use of the Mall on the dates specified in the letters. Motion was made by Wein and seconded by Gutierrez authorizing the use of the Mall by the three organizations on the specified dates. Motion was carried by the fod~lowing votes, to wit: Ayes: Webster, Wein, Gutierrez, Dudley and Jamison Noes: None Abstention: None Absent: None CLAIM AGAINST AGENCY OF $175,000.00: Mr. Varner recommended that due to the nature of the claim and the fact that there is not sufficient information to account for or challenge this claim, that this claim be rejected by the Board Members. Motion was made by Dudley and seconded by Wein rejecting the claim against the Agency in the amount of $175,000.00. Motion was carried by the following vote, to wit: Ayes: Webster, Wein, Gutierrez, Dudley and Jamison Noes: None Abstention: None Absent: None OTHER BUSINESS: KANSAS CITY NAHRO CONFERENCE Mr. Quinn informed the members that before them was a schedule of flights from Ontario and Los Angeles International Airports to Kansas City, Missouri. After review and discussion, it was agreed upon by members attending the NAHRO Con- ference to use the Ontario flight schedule. 120 UNIT APARTMENT COMPLEX: Mr. Quinn presented to the Board Members a drawing of a proposed 120 unit apart- ment complex by Huntley Properties of San Bernardino, for the State College Park. It consists of 30.3 acres. It is a townhouse type development with approximately four units per acre. This development will be presented to the City Commissioners for approval. 1559 The Board Members have no objections to the development. ADJOURNMENT: Motion was made by Jamison and seconded by Dudley adjourning the meeting at 6:30 p.m. Motion was carried by the following vote, to wit: Ayes: Dudley, Wein, Gutierrez, Webster and Jamison Noes: None Abstention: None Absent: None . W! u n r. Executive ireFtor 1860 MINUTES OF THE REGULAR MEETING OF THE REDEVEL- OPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 7TH DAY OF OCTOBER, 1971, 320 NORTH "E" STREET, SAN BERNARDINO, CALIFORNIA The Chairman called the meeting to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Webster, Gutierrez, Wein, Dudley and Jamison 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 September 14, 1977 were submitted for approval. Motion was made by Jamison and seconded by Dudley approving the Minutes as submitted. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: None REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. PBS CORPORATION, STATE COLLEGE PROJECT: A letter was presented from PBS Corporation informing the members that their organization is planning to develop approximately 23 acres within the State College Project. The property is owned by Transcontinental Investment Co. PBS proposes to develop approximately 50 moderately priced residential housing units, which meet the national goals, around Blair Park and the proposed school site. Their letter requests Agency participation in the public improvements within this area. Mr. Quinn explained that the public improvements would include curbs, gutters, sewers, and sidewalks. The development would generate approximately $30,000 a year of tax increments into the property. Mr. Varner stated that under California Law it is legal to participate in the public improvements, if it is necessary to obligate the developer to develop a particular area. Mr. Curci, Transcontinental Investment, stated that this would be a contingency far the development. Mr. Curci further stated that if the Agency participates in the public improvements, the savings will be passed on to the home buyers. Mr. Wein stated that the Agency has no assurance of the savings to the home buyer, because no plans including cost figures have been prepared. Mr. Curci stated that if the concept is approved, the developer will start preparation of their plans and specifications. 1861 After further discussion, motion was made by Wein and seconded by Dudley deter- mining that the request of PBS Corporation, for Agency participation in Public Improvements within their proposed development, would be considered at a later date, when plans and figures (including Iot cost and sq. ft. cost) have been presented for review. The motion was carried by the following vote, to wit: Ayes: Wein, Dudley, Jamison and Gutierrez Noes: None Abstention: Webster Absent: None FONTANA PAVING - CHANGE ORDER STREET LIGHT CONDUIT: Mr. Quinn explained that at the time bids were received for street work, the plans indicated that the street light conduit would be installed by others (Edison Co.). Bids were received on this assumption. Edison Co. has now stated that they will not install this conduit. Fontana Paving, contractor for the street work, is re- questing an additional $72,000 to install these conduits, which include 3 loca- tions already installed by Fontana Paving. Mr. Vance indicated that these 3 locations had been installed by Fontana, in order to permit the orderly completion of paving operations in other portions of the project. The original plans, prepared by Arrowhead Engineering, included the installation of the conduit by the bidding contractor. Mr. Krueper, Krueper Engineering, stated that the Edison Company had informed representatives of his company that they would install this conduit. This is why the notation was made on the plans that the conduit would be installed by others. All members felt that the Edison Company should be contacted regarding their verbal agreement to install this conduit. If they disagree to this work, the Agency should authorize Fontana Paving to perform said service, and seek reim- bursement from Edison through the Public Utility Commission. After further discussion and much consideration, the following resolution was introduced: RESOLUTION NO. 2439 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING A ONE DAY EXTENSION TO FONTANA PAVING CONTRACT FOR STREET WORK AND AUTHORIZATION FOR INCLUSION OF ADDITIONAL WORK IF NECESSARY WHEREAS, Edison Company shall be contacted regarding their verbal commitments to install street light conduits; and WHEREAS, if Southern California Edison Company refuses to perform said service, Fontana Paving is hereby authorized to perform the work not to exceed the sum of $12,000, and reimbursement shall be sought from the Edison Company through the Public Utility Commission. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino that Fontana Paving be granted a one day extension of contract for street work and authorization for inclusion of additional work if necessary. Adopted: 10-7-71 1862 Motion was made by Wein and seconded by Jamison authorizing the adoption of Reso- lution No. 2439 granting a one day extension of time to Fontana Paving's contract. Further moving that within this one day extension, the Edison Company shall be contacted regarding their verbal agreement to install the street light conduit. If Edison refuses to perform said service, Fontana Paving is hereby authorized to perform the work, not to exceed the sum of $12,000, and reimbursement shall be sought from the Edison Company through the Public Utility Commission. The motion was carried by the following vote, to wit: Ayes: Wein, Jamison, Gutierrez, Dudley and Webster Noes: None Abstention: None Absent: None PYLON SIGN: Messrs. Shields and Kerr from QRS were presented to the Board. Mr. Shields pre- sented a rendering of a pylon sign proposed far the Central City Mall. After discussion, the members tabled the matter until further renderings could be pre- sented. INCREASE IN UPSET FIGURE - LINESCH & ASSOCIATES: Mr. Earl Freels, Linesch & Associates, was presented to the Board. Mr. Freels explained that the original contract amount for the parking area was $10,235. This work was accomplished in 7968, because at that time the Board felt it necessary to show some physical improvement accomplished by the Agency. At that time, the final plans for the anchor and tenant stores had not been completed. It is now necessary to complete the landscaping and lighting sur- rouding these buildings. Approximately 40% of the original work can be salvaged. Linesch & Associates are requesting an increase to this portion of their contract, for an amount not to exceed $6,000. After further discussion, the following resolution was introduced: RESOLUTION N0. 2440 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIR- MAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT N0. 1 FOR LANDSCAPING SERVICES, LINESCH & ASSOCIATES, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into a Contract with Linesch & Associates June 11, 1968 for Land- scaping Services: and WHEREAS, the necessity for said Amendment is at the time the plans were completed for the parking lots and structures, the department stores such as Penney Company, Montgomery Wards and Central City Company had not com- pleted their plans on construction when the original plans were finished; and WHEREAS, the landscaping and lighting surrounding their buildings have now got to be included in the overall parking lot plans; and WHEREAS, it is in the best interest of this Agency to continue the present Landscape Architect's Services. 1863 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. 7 with Linesch & Associates for Landscaping Services for an additional fee not to exceed $6,000.00. Revised Contract Limit not to exceed $52,292.00. Adopted: 10-7-71 Motion was made by Wein and seconded by Dudley, authorizing the adoption of Resolution No. 2440. The motion was carried by the following vote, to wit: Ayes: Wein, Dudley, Webster, Jamison and Gutierrez Noes: None Abstention: None Absent: None W. J. BURKE CONSTRUCTION COMPANY, CHANGE ORDER: Mr. Quinn explained that the material stock piled in the area of the plaza was not suitable for backfill. Burke Construction removed this existing fill at no cost to the Agency or the City. The Agency under its contract with the City, had new material for compaction hauled into the area. It is estimated that this material will cost between $5-6,000. Burke Construction Company is requesting an extension of 7 days for loss of time. Mr. Harper stated that he spoke to Morse Topper, Acting City Administrator, and the City is in agreement that this 7 day extension is warranted. No formal action has been taken by the City regarding this extension, as yet. After dis- cussion, the following resolution was introduced: RESOLUTION N0. 2441 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING CHANGE ORDER N0. 3, UNIT 12, PHASE II, CENTRAL CITY PROJECT N0. 1, CALIF. R-79, WITH W. J. BURKE CONSTRUCTION COMPANY WHEREAS, the W. J. Burke Construction Company entered into Contract with this Agency on the 22nd day of May, 1970; and WHEREAS, W. J. Burke Construction Company is requesting a time extension of their contract due to the lack of consistency in the dirt whereby additional fill had to be furnished; and WHEREAS, this Agency has authorized the extension of seven day to Burke Contract. Contract expiration to date to become November 25, 1971. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be authorized to enter into Change Order No. 3 with W. J. Burke Construction Company extending Contract expiration date until November 25, 1971. Adopted: 10-7-71 1864 Motion was made by Jamison and seconded by Gutierrez authorizing the adoption of Resolution No. 2441. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Dudley, Wein and Webster Noes: None Abstention: None Absent: None Motion was made by Wein and seconded by Gutierrez authorizing the payment of funds necessary for the hauling in of backfill for the plaza area. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Dudley, Jamison and Webster Noes: None Abstention: None Absent: None CONTINUING SERVICE CONTRACT - VIC FENSTER, CPA: Mr. Dudley explained the advantages of having one accounting firm handle all accounting services needed by the Agency, instead of going out for proposals whenever the Agency needs professional accounting services. Mr. Fenster explained that on a continuing contract for accounting services he could not set forth a fixed hourly rate. Certain phases of accounting could be handled by a junior accountant and therefore the cost would be less than services that require a senior accountant. Clerical work would even cost less per hour. The Board suggested that Mr. Fenster submit a letter setting forth his conditions fora continuing CPA service contract. Mr. Fenster stated that he would prepare a letter and present it before the next meeting. OPERATION BREAKTHROUGH CONFERENCE, SACRAMENTO, OCTOBER 13, 1971: Mr. Quinn requested authorization for he and Mr. Harper to attend the Operation Breakthrough Conference, held October 13, 1971 in Sacramento. He suggested that any interested Board Member also be authorized to attend. The following resolution was introduced: RESOLUTION N0. 2442 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING NOT MORE THAN TWO STAFF MEMBERS AND ANY INTERESTED BOARD MEMBER TO ATTEND THE OPERATION BREAKTHROUGH CONFERENCE, IN SACRAMENTO, OCTOBER 13, 1971 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 not more than two staff members and any interested Board Member to travel to Sacramento, October 13, 1971, to attend an Operation Breakthrough Conference. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the travel of not more than two staff members and any interested Board Member, to Sacramento, October 13, 1971, to attend the Operation Breakthrough Conference, is hereby approved, and their travel expenses are hereby authorized in accordance with Resolution No. 2043 as amended. Adopted: 10-7-71 1865 Motion was made by Wein and seconded by Jamison authorizing the adoption of Resolution No. 2442. The motion was carried by the following vote, to wit: Ayes: Wein, Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None CALIFORNIA THEATER LEASE: The Members were presented with a letter from the Mayor's office requesting that the California Theater property be leased directly to the City. Juris- diction over the use of the theater to be the responsibility of the Parks and Recreation Department. The letter also stated that the Civic Light Opera Association (CLO) will not occupy the theater as asub-lessee, but the theater will be made available to them as well as other appropriate users. Mr. Jim Swing, attorney for the CLO, was presented to the Board. Mr. Swing stated that the CLO would like to have a sub-lease to the theater. He referred to the resolution adopted by the City Council in March, setting forth the condition that the theater would be leased to the CLO. Mr. Swing requested a copy of the proposed sub-lease with the City, Redevelopment Agency and CLO. The Members explained that the theater was purchased through the direction of the City of San Bernardino. The Agency now has a letter setting forth the City's desire not to enter into a sub-lease with CLO. The Agency has no .other alternative than to respect the City`s wishes. All members agreed that Mr. Swing must contact the City of San Bernardino with his request for a sub-lease. Mr. Swing requested a meeting between the Agency, the City and CLO. The Chair- man directed the Executive Director to set up this meeting. Mr. Quinn stated that he would contact all parties, including the Parks and Recreation Commission, and schedule a meeting for Friday. KRUEPER ENGINEERING - INCREASE IN INSPECTION SERVICES CONTRACT: Mr. Quinn explained that the contract with Ernest Hahn for the mall revision (raising the roof on Central Mall) was scheduled to be completed in June. It appears that this revision will take 3-4 weeks longer to complete. Krueper Engineering is therefore requesting an increase in their contract for inspection services in the amount of $3,525 to cover them through this period. The Members felt it necessary to discuss the time extension to Hahn's contract before determining an increase to Krueper's contract. Ernest W. Hahn, is requesting relief of the penalties for over-run of their contract time. A number of unforeseen difficulties arose during the job which caused approximately four months delay in actual construction. Mr. Krueper and Mr. Lim (Gruen Assoc.) concurred that the delays were warranted. After careful review, Mr. Wein stated that he would be in favor of waiving the penalties, if the contractor would incur the only expense caused to the Agency due to the delay, i.e. $3,525 to Krueper Engineering for increase in inspection services. The Contractor Administrator for Hahn, Floyd Riley, stated that they would pay said expense. The following resolution was intro- duced: 1866 RESOLUTION N0. 2443 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING MOTION THAT PENALTIES FROM ERNEST W. HAHN, INC. BE WAIVED UP UNTIL OCTOBER 15, 1971 WITH THE EXCEPTION OF THE FINAL CLEAN UP WORK WHEREAS, in consideration of the fact that Ernest W. Hahn, Inc. will bear the damages incurred by this Agency regarding the upset figure of $3,525.00 to the Krueger Engineering & Associates' Contract for inspection, penalties due this Agency will be waived until October 75, 1971 with exception of final clean up work; and WHEREAS, no additional charges incurred by Hahn, Inc. will be reimbursed by this Agency. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that penalties due from Hahn, Inc. be waived and Hahn, Inc. will reimburse this Agency for the amount of $3,525.00 to be paid to Krueper Engineering & Associates for inspection. Adopted:: 10-7-71 Motion was made by Wein and seconded by Jamison authorizing the adoption of Resolution No. 2443, waiving any penalities to Ernest Hahn for overrun of contract time, up to October 15, 1971 (with the exception of final clean-up work), in consideration of the fact that Hahn will pay the only damages in- curred by the Agency due to this overrun, in the amount of $3,525, for inspection services of Krueper Engineering. The motion was carried by the following vote, to wit: Ayes: Wein, Jamison, Dudley, Gutierrez, and Webster Noes: None Abstention: None Absent: None The following resolution was introduced RESOLUTION N0. 2444 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT N0. 4 FOR RESIDENT CONSTRUCTION SUPERVISION INSPECTION SERVICES, CENTRAL CITY PROJECT N0. 1, KRUEPER ENGINEERING & ASSOCIATES, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into a Contract with Krueger Engineering & Associates for Resident Construction Supervision, Inspection Services, for the construction of the Central City Mall under Contract dated July 31, 1969 and Contract Amendment No. 7 dated June 24, 1970, Contract Amendment No. 2 dated October 16, 1970 and Contract Amendment No. 3 dated February 3, 1977; and 1867 WHEREAS, Ernest W. Hahn, Inc., Contractor for raising the roof on the Central City Mall"s timetable was established at 120 days beginning February 18, 1971. Contract was to have been completed June 78, 1971; and WHEREAS, approximately 90 days have passed beyond completion time and appears that said revision of Mall will take from 3 co 4 weeks longer to complete; and WHEREAS, at the time Krueper Engineering & Associates submitted their proposal for Inspection Services for Mall Revision, it was based on the contract time limit; and WHEREAS, due to the over run on the Contract it has become necessary to execute Contract Amendment No. 4; and WHEREAS, it is in the best interest of this 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. 4 with Krueper Engineering & Associates for Resident Inspection Services, for an additional fee not to exceed $3,525.00. Revised Contract Limit not to exceed $52,413.00. NOW, THEREFORE BE IT FURTHER RESOLVED that said amount of $3,525.00 will be reimbursed to this Agency by Ernest W. Hahn, Inc. for said Resident Inspection Services. Adopted: 10-7-71 Motion was made by Dudley and seconded by Jamison authorizing the adoption of Resolution No. 2444, authorizing increase to Krueper Engineering contract in the amount of $3,525, said expense to be reimbursed by Ernest W. Hahn, Inc. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None DONOVAN CONSTRUCTION CO. -TIME EXTENSION A memorandum was presented requesting a time extension to Donovan Construction Company for Units 14 & 75 (parking structures). Mr. Quinn stated that the staff recommends approval of 23 days now, with the understanding that a further request for 25 more days will be presented at a later date. The 23 day delay was caused by inclement weather. The additional 25 days includes, 21 days because of the steel strike, and 4 days because of the alignment shift of the pedestrian bridge. Krueper Engineering, contract inspector, recorrrnends that the additional 25 days is warranted. After further discussion, all members agreed that the total 48 days should be granted. The following resolution was introduced: 1868 RESOLUTION NO. 2445 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHAPJGE ORDER N0. 5 FOR UNIT 14 AND CHANGE ORDER N0. 3 FOR UNIT 15, DONOVAN CONSTRUCTION COMPANY, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, Donovan Construction Company has requested a time extension to their contract because of inclement weather and steel strike; and WHEREAS, it is the opinion of this Agency that a time extension be granted to the Contractor for 48 days. NOW, THEREFORE BE IT RESOLVED by the Redevelopment Bernardino, California that a time extension of 48 Construction Company for Site Preparation Unit 14 Chairman be authorized to enter into Change Order Order No. 3 for Unit 15. Said Contract will now e Adopted: 10-7-71 Agency of the City of San days be granted to Donovan and 15, and the Secretary and No. 5 for Unit 14 and Change xpire February 26, 1972. Motion was made by Dudley and seconded by Jamison authorizing the adoption of Resolution No. 2445. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None ARROWHEAD ENGINEERING, INCREASE IN UPSET FIGURE: Mr. Quinn explained that Arrowhead Engineering's contract for survey and staking has run to its limit. The services of a survey firm will be required for the remainder of the project on the west end and parking lots. Mr. Quinn requested authorization to increase their contract by $10,000. The following resolution was introduced: RESOLUTION N0. 2446 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT N0. 8 WITH ARROWHEAD ENGINEERING CORPORATION FOR SURVEY SERVICES, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino entered into Contract with Arrowhead Engineering for Survey Services for the Central City Mall dated November 15, 1967, and Amendment No. 1 dated August 6, 1968, Amend- ment No. 2 dated November 19, 1968, Amendment No. 3 dated May 26, 1969, Amend- ment No. 4 dated December 30, 1969, Amendment No. 5 dated July 28, 1970, Amend- ment No. 6 dated October 5, 1970 and Amendment No. 7 dated October 19, 1970; and WHEREAS, contract has been depleted. The services of a Survey firm will be required for the remainder of the project on the west end as well as parking lots, lower level of the Three Level Parking Structure and Sewer and Storm Drain south of the mall, specifically to line stakes and bench marks for the Contractor; and 1869 WHEREAS, it is in the best interest of the Agency to retain the services of Arrowhead Engineering Corporation-for the remainder of the 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 Contract Amendment No. 8 with Arrowhead Engineering for Survey Services at a cost not to exceed $10,000.00. Contract Limit is now $70,000.00. Adopted: 70-7-71 Motion was made by Dudley and seconded by Gutierrez authorizing the adoption of Resolution No. 2446. The motion was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, Wein, Webster and Jamison Noes: None Abstention: None Absent: None SOUTHERN CALIFORNIA GUIDE - 3 PAGE AD: A letter was presented from the Chamber of Commerce inviting the Agency to place a 3 page ad in the Southern California Guide. The cost of this ad would be $600. Motion was made by Dudley and seconded by Wein not to participate in the Southern California Guide as a source of advertisement. The motion was carried by the following vote to wit: Ayes: Dudley, Wein, Gutierrez, Jamison and Webster Noes: None Abstention: None Absent: None REQUEST FOR USE OF THE MALL - SAN BERNARDINO HIGH SCHOOL: A request was presented from the junior class of San Bernardino High School to use the mall on May 6, 1972 for the Junior-Senior Prom. Mr. Gutierrez suggested that the Agency contact the sponsors of the junior class regarding the number of security officers proposed. All members agreed. Motion was made by Wein and seconded by Jamison tabling the request of San Bernardino High School for investigation by the staff. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Wein, Jamison, Dudley and Webster Noes: None Abstention: None Absent: None AUTHORIZATION TO PAY UTILITY BILLS: The utility bills were presented to the Board for payment. Motion was made by Jamison and seconded by Gutierrez authorizing the payment of said bills. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Dudley, Wein and Webster Noes: None Abstention: None Absent: None REVIEW OF BIDS, UNIT N0. 3, PHASE IIIa: Mr. Quinn stated that bids were opened this date for Unit No. 3, Phase IIIa (storm drain and sewer). The low bid was received from Bo-Mar Construction Company in Cedar Glen, in the amount of $79,200. The following resolution was introduced: 1870 RESOLUTION N0. 2447 SAN BERNARDINOTHGALIDORNIAPAUTHORIZING OHETGHAIRMANOF AND SECRETARY TO ENTER INTO CONTRACT WITH BO-MAR CONSTRUCTION COMPANY FOR SITE IMPROVEMENTS, SEWER WORK, UNIT 3, PHASE IIIA, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, The Agency has under date of March 21, 7967 entered into a Contract for Loan and Capital Grant with the United States of APrp~ectpNo.~ding for financial aid to the Agency for its Central City 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 storm drainage and sewer work within the Central City Project No. 1; and ublished in the San Bernardino WHEREAS, an invitation for bid therefore was du y p eneral circulation for two weeks and an Affidavit Sun Telegram, a newspaper of g showing such publications are on file in this Agency, andlace specified and WHEREAS, a number of bids were received at the time and p said bids wgQeMaPeConstructioa Companyninubhecamount of $19,200100,;eandid was offered by of San Bernardino has acc~otaccept WHEREAS, the Redeveloament Agency of the City the bid of Bo-Mar ConstCo.as it is in the best interest of this Agency the bid of this Contractor. of the City of NOW, THEREFORE, BE IT RESOLVED by the Redevelopmentro9alcof the Contractor San Bernardino, California, that subject to the apP the Bid of Bo-Mar by the Department of Housing and Urban Development, Construction Company in the amount of Nineteen Thousand, Two Hundred and no/100 Dollars be hereby accepted and the Chairman and Secretary be authorized to exe - ute the Contract for Site Preparation Unit 3, Phase IIIA, Calif. R-79 on behalf of said Agency. Adopted: 10-7-71 the adoption Motion was made by Jamison and seconded by Gutierrez authorizing of Resolution N0. 2447. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Wein, Dudley and Webster Noes: None Abstention: None Absent: None SELF SERVICE POSTAL UNIT: ro osing the Hall. A request was presented from the United State Post Office P uest to the erection of a Self Service Postal Unit ~Dudleyareferring saideregw C, the fol- Motion was made by Wein and seconded by City of San Bernardino for authorizwQ1nn'Jamison~tGutierrezaandeWebster lowing vote, to wit: Ayes: Dudley, Noes: None Abstention: None Absent: None 1 sit DISPLAY WINDOW - FRANK LUSH: Mr. quinn explained that at a previous meeting, the board authorizing the diture of $750 to install a canopy over the display window of Frank Lush's Jewelers.Due to City codes, the type of awning allowable will cost $230. was requested to expend. the extra $80 for this awnin Jamison and seconded by Wein authorizing a total expenditure of $230 for the awning over the display window of Frank Lush Jeweler9. The'motWOn wasecarried by the following vote, to wit: Ayes: Jamison, Wein, Gutierrez, Dudle Webster Noes: None Abstention: None Absent: None y and ADJOURNMENT: Motion was made by Dudley and seconded by Jamison x:75 p.m. The motion was carried by the following Jamison, Wein, Gutierrez and Webster Noes: None None to adjourn the meeting at vote, to wit: Ayes: Dudley, Abstention: None Absent: ~~~ ui Jr. Executiv Dire,e~or expen- Authorization 1B72 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BE RNARDINO, CALIFORNIA, HELD THE 4TH DAY OF NOVEMBER, 1977, 320 NORTH "E" STREET, ROOM 403, SAN BERNARDINO, CALIFORNIA The meeting was called to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Webster, futierrez, Dudley and Jamison Agency Members Absent: Wein Also Present: Mr. Varner, Agency Counsel; Mr. Quinn, Executive Director; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of October 7, 1971 were submitted for approval. Motion was made by Jamison and seconded by Dudley approving the Minutes of October 7, 1971 as submitted. The motion was carried by the fol- lowing vote, to wit: Ayes: Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: Wein 4:03 - Mr. Wein arrived EXPENDITURES: The expenditures for the month of September, 7977 were submitted for approval. Motion was made by Jamison and seconded by Gutierrez approving the Expenditures as submitted. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Wein, Dudley and Webster Noes: None Abstention: None Absent: None REPORT OF AGENCY COUNSEL: Mr. Varner stated that there is no report at this time. VICTOR FENSTER, ACCOUNTING SERVICES: A letter was presented from Victor Fenster, CPA, outlining his proposed fee schedule for accounting services. The following resolution was introduced: RESOLUTION N0. 2448 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A FEE SCHEDULE FOR CONTRACT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND VICTOR FENSTER, FOR PROFESSIONAL ACCOUNTING SERVICES WHEREAS, Resolution No. 2422, adopted July 15, 1977, authorized the execution of a contract for Professional Accounting Services with Victor Fenster, in connection with the Central City and Meadowbrook Redevelopment Funds; and 1873 WHEREAS, at the time of said resolution a fixed fee schedule was not established; NOW, THEREFORE, BE IT RESOLVED that said Contract for Professional Accounting Services have an established fee schedule as follows: Clerical $ 8.00 per hour Junior - Semi Senior 12.00 - $18.00 per hour Senior - Principle 25.00 per hour Adopted: 11-4-71 Motion was made by Gutierrez and seconded by Wein authorizing the adoption of Resolution No. 2448. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Wein, Dudley, Jamison and Webster Noes: None Abstention: None Absent: None REUSE PARCEL N0. 88, CALIF. R-10, C & J ENTERPRISES: Mr. Chris McCririe, C & J Enterprises, was introduced to the Board. Mr. Webster inquired as to the progress of development on Reuse 88. Mr. McCririe stated that the restaurant building contract will be ready for execution within the next 10 days. A tenant has not been found, as yet, for the remainder of the parcel. Mr. McCririe stated that he is very confined on this second portion of the lot, in that the Board has stated that no less than a 5,000 sq. ft. building will be allowed. The Members explained that their direction, was that no less than a 5,000 sq. ft. building would be allowed, as long as City parking codes did not preclude this size of a structure. Mr. Murphy, designer for C & J, explained the parking requirements of the City to the Members. Mr. McCririe also stated that he does not feel he should pay for making the sail suitable for construction. Mr. Quinn referred to the Minutes of June 17, 1971, wherein a letter was received from CHJ Material Lab stating that the soil is normal for this area. In view of this letter, the Board's determination at that meeting was that the soil was the responsibility of C & J Enterprises, not the Agency. The Members asked Mr. McCririe if he is willing to develop the land if the Agency is not willing to pay for the sail condition. Mr. McCririe stated that he would develop the land, but would seek reimbursement from the Agency for the soil condition. After much consideration and discussion, the following resolution was introduced: RESOLUTION N0. 2449 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CANCELLING ALL AGREEMENTS WITH C & J ENTERPRISES, FOR THE DEVELOPMENT OF REUSE PARCEL N0. 88, R-10, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO EXCLUSIVE NEGOTIATION WITH C & J ENTERPRISES FOR THE DEVELOPMENT OF REUSE PARCEL N0. 88 FORA PERIOD NOT TO EXCEED THIRTY DAYS 1874 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into an Agreement with C & J Enterprises for the development of Reuse Parcel 88, Calif. R-70; and WHEREAS, C & J Enterprises have tried unsuccessfully to develop Reuse Parcel 88, R-10 in the specified time as set forth in the Agreement between the Redevelopment Agency of the City of San Bernardino and C & J Enterprises, dated the 16th day of April, 7968, and subsequent amendments thereto and WHEREAS, the Redevelopment Agency desires to cancel said Agreement and sub- sequent amendments thereto, and enter into exclusive negotiations with C & J Enterprises for the orderly development of Reuse 88, said exclusive negotiations shall continue fora period not to exceed 30 days. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency that the aforesaid Agreement dated April 16, 1968, and subsequent amendments thereto, between the Agency and C & J Enterprises is hereby cancelled. BE IT FURTHER RESOLVED that the Executive Director is hereby authorized and instructed to enter into exclusive negotiations with C & J Enterprises for the orderly development of Reuse Parcel 88, said negotiations shall continue fora period not to exceed 30 days. Adopted: 11-4-71 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2449, cancelling all agreements with C & J, and opening said agreement far renegotiation exclusively for 30 days. Further moving that the Agency will not by this cancellation give up their right to re-purchase the property if so desired. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Dudley and Webster Noes: None Abstention: Jamison Absent: None The Chairman directed the Executive Director to negotiate~~ with Mr. McCririe regarding this parcel and to set up a Special Meeting if necessary. He was further instructed to find out all parking requirements from the City of San Bernardino. PYLON SIGN: A model of the proposed Pylon Sign for the Central City Mall was presented by QRS. Mr. Quinn stated that a rendering of this proposed sign has been presented to all principles in the mall complex, including the City, and they have accepted it. Mr. Quinn stated that Jim Lim, fruen Associates, has also presented a model which he feels should be used for the mall. This model was just received, and therefore has not been presented to any of the parties concerned. The cost of the two signs are comparable and both are 85' high. The lettering was discussed. It was explained that the construction for the sign must go out to bid. 1875 After discussion, motion was made by Jamison and seconded by Wein tabling the matter until the next Regular Meeting in order that the model provided by Gruen Associates can be inspected by the merchants involved in the mall complex. The motion was carried by the following vote, to wit: Ayes: Wein, Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None Mr. Wein also suggested that the Architect and ORS get together and maybe come up with a design agreeable to both parties. PRESENTATION, J. R. NARWITZ: Mr. Jerry Norwitz, Financial Consultant, was introduced to the Board. Mr. Norwitz stated that the Agency's $13,500,000 long term bonds are on the street and are being received very well. The Agency's progress has been noted by every banking house. Since the original sale, the interest rate has reduced. Mr. Narvitz requested authorization from the Board to seek negotiations far the sale of a second bond issue in an approximate amount of $14,000,000, along with the present outstand- ing $13,500,000. It is proposed to invest the $14,000,000 in U. S. Securities. He stated that he feels they can be sold at approximately 6% interest. The 1/2% could be used as earnings. The U. S. Securities would be pledged to pay off the $13,500,000 at the end of the 9 year period. The $14,000,000 which replaces it, would be at a lower interest rate (6% vs 7%). This could calculate a savings of approximately $705,000 a year in interest alone. A possibility of $1,665,000 in savings can be realized. If reinvested, that $1,665,000 could total approxi- mately $4,000,000 in savings. Mr. Norwitz stated that he feels the Agency will be able to obtain and "A" rating instead of our present "BBB". Mr. Nanvitz stated that this is the ideal time to act, in that interest rates are low and he cannot guarantee the continued low rate. It will take 120 days to put it together, if authorized. He stated that he has a committment to sell the bonds at a public bid. He urged the Board to let him proceed, as it can only do good for the Agency. Mr. Norwitz stated that his fee for the service would be 2% of the new financing, or $280,000. The total fees should not exceed $300,000, including the services of O'Melveny and Myers. Mr. Wein expressed his concern regarding the 2% fee, in that the Agency has no way of knowing if this fee is comparable to what other consultants would charge. Mr. Webster inquired of Mr. Varner as to the legal requirements involved as to any Board action on this matter, and Mr. Varner assured the Board that there was no legal question involved, that the issue was entirely a business decision. Mr. Webster further indicated that any action of the Board would, of course, be subject to the approval of the contingencies contained within any proposed con- tract between the Agency and J. R. Norwitz. Mr. Varner indicated that he would prepare the contract to contain all proper contingencies to assure full pro- tection to the Agency. After much consideration, the following resolution was introduced: RESOLUTION N0. 2450 1876 ,_ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING J. R. NARWITZ & CO., TO S EK NEGOTIATIONS FOR THE SALE OF A BOND ISSUE IN THE AMOUNT OF APPROXIMATELY $14,000,000 SUB- JECT TO APPROVAL OF CONTRACT CONTINGENCIES WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, has a present Bond issue of 513,500,000 out for its Central City Project; and WHEREAS, the $13,500,000 bond issue of 1977 bears an annual interest rate of 7 percent and a 5 point discount; and WHEREAS, the present bond market reflects a more favorable atmosphere in regards to interest rates; and WHEREAS, .the J. R. Nanvitz & Co. has made a recommendation to the Agency to issue refunding bonds for the purpose of paying or retiring bonds previously issualby the Agency; and WHEREAS, the J. R. Norwitz & Co. has stated that the Agency could sell refunding bonds at a lower interest rate than our current issue; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that it has hereby authorized the J. R. Norwitz & Co. to commence negotiations for the sale of a refunding bond issue in the approxi- mate amount of $14,000,000, and that financial consultant services for the bond issue shall not exceed 2 percent of the gross bond sale and that total fees shall not exceed $300,000 subject to the Agency's prior approval of all contingencies to be incorporated in any contract. Adopted: 17-4-71 Motion was made by Jamison and seconded by Dudley authorizing the adoption of Resolution No. 2450. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: Wein Absent: None REQUEST FOR CHANGE ORDER - UTILITY MANHOLE CLAIM Mr. Sprinkel, Fontana Paving, was introduced to the Board. Mr. Quinn stated that Fontana Paving has submitted a claim to the Agency in the amount of $17,748 for reimbursement for extra work performed, due to the necessity of working around utility manholes. Mr. Quinn stated that their request was submitted to the City Engineer for review. The City stated that they could not justify this claim and set forth their reasons in a letter to the Agency dated October 7, 7977. Mr. Sprinkel proceeded to explain to the Board their reasons for feeling the claim warranted. After discussion, Mr. Wein moved that Fontana Paving be requested to work out their differences regarding the manholes with the City of San Bernardino and the utility company. Further that they submit to the Agency a letter listing the discrepancies of the utility company, in order that the Agency is able to sub- mit same to the Public Utility Commission. Mr. Jamison seconded by motion. The motion was carried by the following vote, to wit: Ayes: Wein, Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None 1677 CREDIT TO AGENCY FROM BURKE CONSTRUCTION COMPANY: Mr. Quinn explained that Burke Construction Company has authorized the Agency a credit of $1,055.62 for deletion of the handrail on the north side of the pedestrian bridge. The Agency has a Performance Bond in the amount of $5,000 from Redevelopers Investors and Options Limited (proposed new owners of the Andreson Building), whereby the handrail can be installed if they do not go through with their proposal to connect the south side of the Andreson Building to the bridge. Mr. Quinn advised the Members that the present owners of the Andreson Building (Allied Properties) have stated that if they do not sell their building, they also would propose to connect the building to the bridge. Motion was made by Dudley and seconded by Wein authorizing a Change Order to Burke Construction Company's contract, reducing their contract amount by $7,055.62, The motion was carried by the following vote, to wit: Ayes: Dudley, Wein, Jamison, Gutierrez and Webster Noes: None Abstention: None Absent: None SPECIAL LITIGATION CONTRACT: Mr. Quinn requested authorization to increase A71en Gresham's Special Litigation Contract by $5,000. HUD has authorized this increase in contract amount. This increase should carry the contract through trial. The following resolution was introduced: RESOLUTION N0. 2451 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING CONTRACT AMEND- MENT TO CONTRACT FOR SPECIAL LITIGATION SERVICES WHEREAS, by Agreement dated July 13, 7971, the Agency entered into a Contract with Allen B. Gresham and Bruce D. Varner, for Special Litigation Services; and WHEREAS, it has become necessary to increase the upset figure of said Contract by $5,000; and WHEREAS, the Department of Housing and Urban Development have authoreed said increase. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, CAlifornia, that said contract by and between the Redevelopment Agency and Allen B. Gresham and Bruce D. Varner, is hereby increased by $5,000, changing the total compensation under the contract not to exceed $7,000. Adopted: 11-4-71 Motion was made by Dudley and seconded by Wein authorizing the adoption of Resolution No. 2451. The motion was carried by the following vote, to wit: Ayes: Dudley, Wein, Jamison, Gutierrez and Webster Noes: None Abstention: , None Absent: None ALIGNMENT OF INTERSTATE 15: 7878 The following resolution was introduced: RESOLUTION N0. 2452 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RECOMMENDING RETENTION OF THE EXISTING ALIGNMENT OF INTERSTATE 15 ON ROUTE 395 FROM DEVORE TO TEMECULA WHEREAS, the Department of Public Works has recommended that the designation of Interstate 15 be relocated from Route 395 to Routes 71/37; and WHEREAS, the proposed realignment of Interstate 15 does not follow the Government's basic criteria for Federal-Aid Interstate Highway System; and WHEREAS, the new $17,000,000 interchange at Interstates 10 and 15 has not even been completed; and WHEREAS, insufficient consideration was given to the economic impact on the San Bernardino-Riverside-Redlands-Colton-Loma Linda area; and WHEREAS, the Federal Government has funded San Bernardino's Central City Mall for more than $25,000,000; and WHEREAS, the San Bernardino Redevelopment Agency has floated $13,500,000 in bonds for the local share for the Central City Mall; and WHEREAS, the financial feasibility for both public and private investment in the Central City Project was based on the existence of Route 15 adjacent thereto; and WHEREAS, the lack of continuity of systems planning which implies orderly economic growth by both government and private agencies through adequate lead- time for phased financing, planning and implementation, further aggravates the economics of the area; and WHEREAS, the ecological aspects for the problem were given consideration out of proportion to the solution of the over-all problem, particularly when striking at the economic base of the major cluster of population, NOW, THEREFORE BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino supports the retention of Interstate 15 designation along Route 395; BE IT FURTHER RESOLVED that the Redevelopment Agency of the City of San Bernardino supports the upgrading of Route 395 to Interstate standards at the earliest possible date. Motion was made by Wein and seconded by Dudley authorizing the adoption of Reso- lution No. 2452. The motion was carried by the following vote, to wit: Ayes: Dudley, Wein, Jamison, Gutierrez and Webster Noes: None Abstention: None Absent: None 1879 CROCKER CITIZENS BANK, CREDIT $1,000: A letter was presented to the Members, stating that Fontana Paving has deleted $1,000 from their contract, in lieu of removing Crocker Citizens basement as shown on the project drawings. Said letter also requests one week extension for delays caused by the modification of the drawing and extra work on the foot- ings. The following resolution was introduced: RESOLUTION N0. 2453 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING CHANGE ORDER N0. 5 SITE PREPARATION UNIT 11, R-79 AND CHANGE ORDER N0. 2 SITE PREPARATION UNIT 17A, R-70, FOR DELETION OF CONTRACT ON UNIT 71, R-79 AND GRANTING EXTENSION OF SEVEN DAYS ON BOTH UNIT 11, R-79 AND UNIT 11A, R-10 WHEREAS, Fontana Paving, Inc. entered into Contract with this Agency for Unit 11, R-79 and Unit 11A, R-10 on June 11, 1971; and WHEREAS, in lieu of removing the Crocker Citizens Basement Wall, as shown on Unit 11, R-79 Project Drawings, Fontana Paving, Inc. agrees to delete $1,000 from Unit 17, R-79 Contract between said Contractor and this Agency; and WHEREAS, said deletion is made with the following stipulations: 1. Existing basement wall be removed approximately 3.5 feet below finish grade elevation and materials disposed off Project limits. 2. The existing slab to remain in place and broke, as directed by Engineer; and WHEREAS, due to delays caused by the modification of the Drawings on the Crocker Citizens Bank work on the footings were performed, the Contractor is hereby authorized 7 calendar days extension of Contract time; and WHEREAS, new contract expiration date is now December 9, 1971 with the stipulation that contract extension time will comply with the original standard Specifications prohibiting work from November 25, 1977 until January 2, 7972. NOW, THEREFORE BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be authorized to enter into Change Order No. 5, Unit 11, R-79 and Change Order No. 2, Unit 11A, R-10. Adopted: 11-4-71 Motion was made by Jamison and seconded by Dudley authorizing the adoption of Resolution No. 2453. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: None 1BSo INTERNAL REVENUE SERVICE LETTER - REGARDING WAGE FREEZE: Mr. Quinn explained that after the Wage Freeze, Arrowhead Engineering requested an increase in their prevailing fee schedule, on their contracts with the Agency. The Agency deferred any action because of the President's Wage Freeze. Arrow- head Engineering in turn wrote to the Internal Revenue requesting a determination. The Internal Revenue replied that they were entitled to their increase. The Agency also wrote the Internal Revenue for further clarification. The letter received from the Internal Revenue was presented to the Members. After dis- cussion, the following resolutions were introduced: RESOLUTION N0. 2454 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT N0. 9 WITH ARROWHEAD ENGINEERING CORPORATION FOR SURVEY SERVICES, CENTRAL CITY PROJECT, CALIF. R-79 WHEREAS, The Redevelopment Agency of the City of San Bernardino, California entered into a Contract with Arrowhead Engineering Corporation for Survey Services for the Central City Project dated the 15th day of November, 1967; and WHEREAS, the Agency has since executed Contract Amendments 1 through 8; and WHEREAS, it is now the desire of the Agency to enter into Contract Amendment No. 9 changing the hourly rates of the Contractor to coincide with the Prevailing Fee Schedule of the California Council of Civil Engineers and Land Surveyors, retroaction to August 1, 1971. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be authorized to execute Contract Amendment No. 9 with Arrowhead Engineering Corporation for Survey Services Contract. NOW, THEREFORE, BE IT FURTHER RESOLVED that said Contract Amendment is con- sistent with the ruling of the Department of the Treasury, Internal Revenue Service, OEP-5, Mr. C. K. Leonard, Local Service and Compliance Center Repre- sentative, dated October 27, 1971. Adopted: 11-4-71 RESOLUTION N0. 2455 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT N0. 3 WITH ARROWHEAD ENGINEERING FOR PROFESSIONAL SERVICES, CALIF. R-10 1881 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with Arrowhead Engineering for professional services for Calif. R-10 on April 24, 1969; and WHEREAS, Section 3 of said Agreement provides for renegotiation of compensation for services rendered in fulfillment of said Contract; and WHEREAS, any change of rates shall be determined by using the "prevailing 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 $33.90 per hour Three-Man Survey Party 46.25 per hour Supervision & Conference Time 19.40 per hour Drafting 14.20 per hour Computations 76.30 per hour Other Office Work 76.30 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. 3, with Arrowhead Engineering for professional services increasing the prevailing fee schedule in accordance with the most current schedule established by the California Council of Civil Engineers and Land Surveyors. Adopted: 11-4-71 RESOLUTION N0. 2456 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 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, 7969; and WHEREAS, Section 3 of said Agreement provides for renegotiation of compensa- tion for services rendered in fulfillment of said Contract; and WHEREAS, any change of rates shall be determined by the "prevailing 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: lssz Two-Man Survey Party $33.90 per hour Three-Man Survey Party 46.25 per hour Supervision & Conference Time 19.40 per hour Drafting 14.20 per hour Computations 16.30 per hour Other Office Work 16.30 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. 4 with Arrowhead Engineering for professional services increasing the prevailing fee schedule in accordance with the most current schedule established by the California Council of Civil Engineers and Land Surveyors. Adopted: 11-4-77 Motion watl made by Dudley and seconded by Wein authorizing the adoption of Reso- lutions No. 2454, 2455, 2456. The motion was carried by the following vote, to wit: Ayes: Dudley, Wein, Gutierrez, Jamison and Webster Noes: None Abstention: None Absent: None FONTANA PAVING, CREDIT FOR DELETION OF WORK: Due to the construction of the Santa Fe Federal Building, Security Pacific Bank and the Three and Five Level Parking Structures, Fontana Paving is unable to complete curbs, gutters, sidewalks, driveways and landscaping in the areas of the construction. Mr. Quinn requested approval to delete said work from Fontana's contract in the amount of $13,539.10. Said work will be accomplished by Security Pacific in the amount of $2,965.98; Santa Fe for $6,187.67; Donovan for $2,717.75 and the Harris Co. for $1,667.70. The following resolution was introduced: RESOLUTION N0. 2457 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CHANGE ORDER N0. 3, SITE PREPARATION UNIT 11A, R-10 AND CHANGE ORDER NO. 6, SITE PREPARATION UNIT 11, R-79, FONTANA PAVING, INC. FOR DELETION IN CONTRACTS WHEREAS, this Agency entered into Contracts with Fontana Paving, Inc. on June 17, 7971; and WHEREAS, due to the construction of the Santa Fe Federal Savings and Loan Build- ing, Security Pacific Bank and the 3 and 5 Level Parking Structures, Fontana Paving, Inc. is unable to complete curbs, gutters, sidewalks, driveways, and landscaping in the areas of the above mentioned construction; and WHEREAS, Santa Fe Federal Savings and Loan Association and Security Pacific Bank have requested that all work in their area be deducted from Fontana Paving's contract and they be allowed to be responsible for completion of above mentioned items ; and 1883 WHEREAS, Donovan Construction has agreed to complete the work deleted in the areas of both parking structures; and WHEREAS, $2,965.98 representing Security Pacific Bank (Unit 71A, R-10) will be deducted from Fontana Paving's Contract; and WHEREAS, $6,187.67 representing Santa Fe Federal Savings and Loan Association will be deducted from Fontana Paving's Contract; and WHEREAS, $1,667.70 representing the Harris Co. will be deducted from Fontana Paving's Contract; and WHEREAS, $2,717.75 representing Donovan Construction Co. will be deduced from Fontana Paving's Contract; and WHEREAS, the total amount of $2,965.98 will be deducted from Site Preparation Unit 11A, R-70 Contract; and WHEREAS, the total amount of $70,573.72 will be deducted from Site Preparation Unit 17, R-79 Contract. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be authorized to enter into Change Order No. 3, Unit 11A, R-10 and Change Order No. 6, Unit 11, R-79. Adopted: 11-4-71 Motion was made by Wein and seconded by Jamison authorizing the adoption of Resolution No. 2457. The motion was carried by the following vote, to wit: Ayes: Wein, Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None MERIT STEP INCREASES Mr. Quinn requested authorization to grant the necessary merit step increases at such a time and in such a manner as the Phase II Guide Lines permit. Motion was made by Wein and seconded by Dudley authorizing the merit step increases at such a time and in such a manner as the Ph awe II Guide Lines permit. The motion was carried by the following vote, to wit: Ayes: Wein, Dudley, Webster, Jamison and Gutierrez Noes: None Abstention: None Absent: None SUN TELEGRAM PROGRESS EDITION - PUBLICATIONS: A brochure was presented to the Members inviting the Agency to participate in their progress edition. Motion was made by Wein and seconded by Jamison tabling this matter until the next Regular Meeting in order that a member of the Sun Telegram advertising staff could be present. The motion was carried by the following vote, to wit: Ayes: Wein, Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None 1884 KRUEPER ENGINEERING UPSET FIGURE - DONOVAN CONTRACT Due to the extension of Donovan's contract for the parking structures, a request was presented from Krueper Engineering requesting an increase in their upset figure to carry them through Donovan's time extension. After discussion motion was made by Wein and seconded by Dudley tabling this matter until the next meeting in order that Mr. Krueper can be present to answer any questions of the Board. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Wein, Gutierrez and Webster Noes: None Abstention: None Absent:. None ADJOURNMENT: Motion was made by Jamison and seconded by Dudley to adjourn the meeting at 6:30 p.m. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None. __ 1885 MINUTES OF THE SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 10TH DAY OF NOVEMBER, 1971, 320 NORTH "E" STREET, SAN BERNARDINO, CALIFORNIA Mr. Webster reported that this Special Meeting was called pursuant to a duly posted Notice of Special Meeting. Said Notice and Certificate is spread below: 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., Wednesday, November 10, 7971, 320 North "E" Street, Room 403, San Bernardino, California, the regular meeting place thereof, for the following purpose: Disposition of Reuse Parcel 88, Calif. R-10 DATED this 8th day of November, 1971. s/P. W. Quinn, Jr. P. W. Quinn, Jr. Secretary-Treasurer 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 8th day of November, 1977 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 of the City of San Bernardino, California, this 8th day of November, 1971. s/P. W. Quinn, Jr. P. W. Quinn, Jr. Secretary-Treasurer The meeting was called to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Webster, Wein, Dudley, Jamison and Gutierrez Agency Members Absent: None Also Present: Mr. Quinn, Executive Director; Mr. Hank Ruiz, Student Executive Director for the Day; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary 1886 Mr. Webster stated that Mr. Jamison and Mr. Quinn acted on behalf of the Agency as a negotiation team to work with Mr. McCririe regarding the development of Reuse Parcel 88, R-10. Mr. Jamison reported that Mr. McCririe is prepared to build a 3,100 square foot, more or less, restaurant on his property with the necessary parking to meet City codes and ordinances. He would like additional time to determine the best use of the remainder of the parcel. If the restaurant prospers well, he might need the additional area for added parking. If not, he would like to develop a small office building, with parking to meet City codes. Mr. Webster asked Mr. McCririe if he is willing to accept the soil condition on Reuse 88. Mr. McCririe stated that he will accept the soil conditions, and pro- vide the Agency with a letter to this effect. After careful consideration and discussion, the following resolution was intro- duced: RESOLUTION N0. 2458 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO> CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO AN AGREEMENT WITH C & J ENTERPRISES FOR THE DEVELOPMENT OF REUSE PARCEL 88, CALIF. R-10 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to commit Reuse Parcel 88, Calif. R-10 to C & J Enterprises for the development thereof; and WHEREAS, C & J Enterprises have agreed to develop said parcel with a restaurant of 3,100 feet, more or less, and the remainder of Reuse 88 to be developed within one year as either additional development or additional parking; and WHEREAS, said development shall start within 30 days from the execution of said Agreement, and construction shall be completed within 120 days thereafter. 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 an Agreement with C & J Enterprises for the development of a restaurant of 3,100 square feet, more or less, with the remainder of the property to be developed within one year, from the date of opening of the restaurant. BE IT FURTHER RESOLVED, that construction of said improvements shall begin within 30 days from the execution of said Agreement and proceed to completion within 120 days. Adopted: 11-10-71 Motion was made by Wein and seconded by Jamison authorizing the adoption of Reso- lution No. 2458, providing the soil conditions are unequivocably accepted, the Agency Board hereby approves the plan of development of a 3,100 square foot (more or less) restaurant with parking as provided by City codes and ordinances; and the balance of the property not being used for the restaurant and parking, shall be committed to development within one year from the opening of the Restaurant, either for additional development or additional parking. further moving that lass construction will start within 30 days from the execution of said agreement, and construction shall be complete 120 days thereafter. The motion was carried by the following vote, to wit: Ayes: Wein, Jamison, Dudley, Gutierrez, and Webster Noes: None Abstention: None Absent: None ADJOURNMENT: Motion was made by Jamison and seconded by Dudley to adjourn the meeting at 4:30 p.m. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: None Execu e Directo~, 1888 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 18TH DAY OF NOVEMBER, 1971, 320 NORTH "E" STREET, SAN BERNARDINO, CALIFORNIA The Chairman called the meeting to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Webster, Gutierrez, Dudley, Jamison and McDaniel Agency Members Absent: ~dein Also Present: Mr. Quinn, Executive Director and Mrs. Baxter, Executive Secretary Mr. Webster introduced Mr. Wesley C. McDaniel, newly appointed Board Member, to the Members. MINUTES: The Minutes of the Regular Meeting of November 4, 1971 were submitted for approval. Mr. Dudley requested that Mr. Sprinkel's name be corrected. The Minutes reflect "Sprinkler" instead of "Sprinkel". Mr. Jamison stated that on page 3, under "Presentation by Narwitz", the word "along" in the second paragraph should read "alone". Motion was made by Dudley and seconded by Jamison authorizing approval of the Minutes of November 4, 1971 as corrected. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Gutierrez and Webster Noes: None Abstention: McDaniel Absent: Wein The Minutes of the Special Meeting of November 10, 1971 were presented for approval. Motion was made by Jamison and seconded by Gutierrez approving the Minutes of November 70, 1971 as submitted. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Dudley and Webster Noes: None Abstention: McDaniel Absent: Wein EXPENDITURES: The Expenditures for the month of October, 1971 were submitted for approval. Motion was made by Jamison and seconded by Dudley approving the Expenditures for the month of October, 1971 as submitted. The Motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: Wein 4:15 p. m. - Mr. Wein and Mr. Varner, Agency Counsel arrived at the meeting. REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. FINANCIAL CONSULTANT CONTRACT: Mr. Bill Jackson, J. R. Narwitz & Co., was presented to the Members. Mr. Jackson stated that since the last meeting, his company has had the opportunity of exploring the proposed new bond issue, and it now looks even more feasible than before. J. R. Narwitz & Co. would like to perform the service, for 3/4 of 1% of the par value of the Bond, plus expenses not to exceed $25,000. The Members stated that all billings for expenses would have to be itemized and approved by the Board prior to any payment. 1889 Mr. Jackson stated that this fee would include the up-dating of the project brochures, and the attempt to change the rating to "AA". Mr. Jackson stated that in his opinion there would be no risk whatsoever in going out for this lower interest rate. The Members asked Mr. Varner if the Mayor should be consulted in this matter. Mr. Varner stated that there is no legal requirement to this effect, but he would recommend providing the Mayor with a copy of the proposed Contract for his information. After careful review and consideration, the following resolution was introduced: RESOLUTION N0. 2459 RESOLUTION OF THE REDEVELOPMENT AGENCY Of THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING J. R. NARWITZ & CO., TO SEEK NEGOTIATIONS FOR THE SALE OF A PREREFUND- ING BOND ISSUE IN THE APPROXIMATE AMOUNT OF $14,000,000 FOR CALIF. R-79, SUBJECT TO APPROVAL OF CONTRACT CON- TINGENCIES AND RESCINDING AGENCY RESOLUTION N0. 2450 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, has a present Bond issue of $13,500,000 out for its' Central City Project; and WHEREAS, the $13,500,000 bond issue of 7971 bears an annual interest rate of 7 percent and a 5 point discount; and WHEREAS, the present bond market reflects a more favorable atmosphere in regards to interest rates; and WHEREAS, the J. R. Narwitz & Co. has made a recommendation to the Agency to issue pre-refunding bonds for the purpose of paying or retiring bonds previously issued by the Agency; and WHEREAS, the J. R. Narwitz & Co. has stated that the Agency could sell pre-refund- ing bonds at a lower interest rate than our current issue; and NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that it has hereby authorized the J. R. Narwitz & Co. to commence negotiations for the sale of a pre-refunding bond issue in the approximate amount of $14,000,000 and that financial consultant services for the bond issue shall not exceed 3/4 of 1 percent of the grass bond sale, and that total fees shall not exceed $730,000. J. R. Narwitz & Co. shall be reim- bursed for out-of-pocket expenses to include, but not limited to: updating of project brochures; updating of the Agency's present bond rating; procurement of Bond Counsel's opinion from the law firm of O'Melveny and Myers attesting to the validity and tax exempt status of the aforementioned pre-refunding tax allocation bonds; and normal administrative costs to include telephone, telegraph and trans- portation charges. Such expenses shall not exceed $25,000 and in each case prior to payment, the request for reimbursement shall be approved by the Agency Board. Authorization to corrunence negotiations is specifically subject to prior Board approval of consulting contract to be executed by Nanvitz and Agency. 1890 BE IT FURTHER RESOLVED that Agency Resolution No. 2450, which authorized J. R. Narwitz & Co. to negotiate a refunding bond issue in the approximate amount of $14,000,000, at a fee rate of 2 percent and total fees not to exceed $300,000, is rescinded and declared null and void. Adopted: 11-18-71 Motion was made by Jamison and seconded by Dudley authorizing the adoption of Resolution No. 2459, accepting J. R. Narwitz & Co.'s offer to seek negotiations `or the sale of a bond issue, fora fee of 3/4 of 17 of the par value of the bond, plus expenses not to exceed $25,000, subject to the approval of the Con- tract containing all contingencies desired by the Agency Board. All billings to be itemized and approved by the Board prior to any payment thereof. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Wein, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: None SUN TELEGRAM PROGRESS EDITION - PUBLICATIONS: Mr. Don McKeown, Sun Telegram, was introduced to the Members. Mr. McKeown ex- plained the proposed "Progress Edition" to the members. He stated that the edition would be published on February 5, 1972. He proposed that the Agency participate by taking out a double truck ad. The Ad would show the before and after pictures of the project over the past year. A narrative of the Agency's progress would also be published. All pictures must be taken and paid for by the Agency. Mr. Quinn explained that this is a budgeted item. Mr. McKeown stated that the Sun Telegram also sends an additional 15 editions to Chamber of Commences throughout the Southern California area. After discussion, the following resolution was introduced: RESOLUTION N0. 2460 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EX- PENDITURE OF FUNDS FOR PARTICIPATION IN THE SUN TELEGRAM PROGRESS EDITION WHEREAS, it has been determined by the Agency Members, to be to the advantage of the Agency to participate in the Sun Telegram Progress Edition, to be published on February 5, 1971, thereby informing the citizens of the progress of the redevelopment projects. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the expenditure of funds for the participation in the Sun Telegram Progress Edition is hereby approved. Adopted: 11-18-71 Motion was made by Jamison and seconded by McDaniel authorizing the adoption of Resolution No. 2460. The motion was carried by the following vote, to wit: Ayes: Jamison, McDaniel, Dudley, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None 1891 KRUEPER ENGINEERING UPSET FIGURE - DONOVAN CONTRACT: Mr. Quinn explained that Krueper Engineering is requesting an increase in their upset figure, due to the time extension granted Donovan on the parking structures. Mr. Wein was concerned as to why Krueper Engineering needed the increase. The work would have to be done regardless of how long it takes. He stated that it would seem that the services would not increase, only the length of time to accomplish the job. Mr. Virgil Smith, Krueper Engineering, explained that they have a full time resident engineer on the job every day. Their contract requires them to sub- mit daily reports to the Agency. Mr. Wein stated that in the future, in granting time extensions to contractors, the Agency should take into account that the inspection and testing services will also increase. It might be well to obligate the contractor to pay for all increased services, if a time extension is granted. All members agreed. After further discussion, the following resolution was introduced: RESOLUTION N0. 2461 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT N0. 1 FOR RESIDENT CONSTRUCTION SUPERVISION INSPECTION SERVICES, UNIT 14, THREE LEVEL PARKING STRUCTURE AND UNIT 15, FIVE LEVEL PARKING STRUCTURE, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into a Contract with Krueper Engineering & Associates for Resident Construction Supervision, Inspection Services for the construction of a three level and five level parking structure August 17, 1970; and WHEREAS, Donovan Construction Co., Contractor has been awarded a time extension; and WHEREAS, at the time Krueper Engineering & Associates submitted their proposal for Inspection Services for the parking structures, it was based on the contract time limit; and WHEREAS, due to the time extension for Donovan Construction it has become necessary to execute Contract No. 7; and WHEREAS, it is in the best interest of this Agency to continue the present Resident Inspection/Supervision 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. 1 with Krueper Engineering & Associates for Inspection Services for an additional fee not to exceed the sum of $13,440.00 not to exceed February 26, 1972. Revised Contract Limit not to exceed $56,415.00. Adopted: 11-18-71 1892 Motion was made by Dudley and seconded by McDaniel authorizing the adoption of Resolution No. 2467. The motion was carried by the following vote to wit: Ayes: Dudley, McDaniel, Wein, Jamison, Gutierrez and Webster Noes: None Abstention: None Absent: None CHJ MATERIAL LAB UPSET FIGURE - DONOVAN CONTRACT: Mr. Quinn explained that the testing services also must increase due to the Donovan extension. Mr. Jack Riddell, CHJ, explained the amount of testing that is accomplished each day. After discussion, the following resolution was introduced: RESOLUTION N0. 2462 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIR- MAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT N0. 1 FOR TESTING SERVICES ON THE THREE AND FIVE LEVEL PARKING STRUCTURES, UNITS 14 AND 15, CENTRAL CITY PROJECT N0. 1, CALIF. R-79 WITH CHJ MATERIALS LABORATORY WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into a Contract with CHJ Materials Laboratory on the 31st day of August, 1970 for Testing Service for construction of the three level and the five level parking structures; and WHEREAS, Donovan Construction Co., Contractor, has been awarded a time extension; and WHEREAS, at the time CHJ Materials Laboratory submitted their proposal for Testing Services for the parking structures, it was based on the contract time limit; and WHEREAS, due to the time extension for Donovan Construction Co., it has become necessary to execute Contract Amendment No. 1; and WHEREAS, it is in the best interest of this Agency to continue the present Testing Services. 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. 1 with CHJ Materials Laboratory for Testing Services for an additional fee not to exceed the sum of $7,500.00 and not to exceed February 26, 1972. Revised Contract Limit not to exceed $76,260.00. Adopted: 11-18-71 Motion was made by Wein and seconded by Jamison authorizing the adoption of Resolution No. 2462. The motion was carried by the following vote, to wit: Ayes: Wein, Jamison, Dudley, Gutierrez, McDaniel, and Webster Noes: None Abstention: None Absent: None 1893 The Members discussed with Mr. Smith and Mr. Riddell the sag discovered in the three level parking structure. Mr. Smith stated that the fault of the sag has not yet been determined, but it is believed that it might have been caused due to a form misconstructure. Further investigation is needed. STATE DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT "TALK IN": Mr. Quinn requested authorization for two staff members and any interested Board Members to travel to San Diego, December 9, 1971, to attend a "Talk In" sponsored by the State Department of Housing and Community Development. The following resolution was introduced: RESOLUTION N0. 2463 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING TWO STAFF MEMBERS AND ANY INTERESTED BOARD MEMBER TO TRAVEL TO SAN DIEC~ DECEMBER 9, 1971, TO ATTEND A "TALK IN" SPONSORED BY THE STATE DE- PARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 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 has been found essential for two staff members and any interested Board Member to travel to San Diego, December 9, 1977, to attend a "Talk In" sponsored by the State Department of Housing and Community Development. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency does hereby approve the travel of not more than two Staff Members and any interested Board Member to attend a "Talk In" sponsored by the State Department of Housing and Comnunity Development, December 9, 1971, in San Diego, and their travel expenses are hereby approved in accordance with Resolution No. 2043, as amended. Adopted: 11-18-71 Motion was made by Wein and seconded by Gutierrez authorizing the adoption of Resolution No. 2463. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Jamison, Dudley, McDaniel and Webster Noes: None Abstention: None Absent: None PYLON SIGN: Mr. Quinn explained that the sign proposed by Gruen Associates has been presented to the major tenants of the mall. Harris Co. and Central City Company prefer the sign from QRS Corporation. Wards and Penney's were not very happy about looking at another rendering because they already approved the sign presented by QRS. Mr. Quinn explained to Mr. McDaniel that the sign proposed by QRS has been approved by all major tenants in the mall. The architect, Gruen Associates, is opposed to this sign, and has presented another sign. Mr. McDaniel stated that he would like to hear the architects s for opposition to the sign QRS. reason of 1894 After discussion, motion was made by Wein and seconded by Gutierrez tabling this matter, and inviting Mr. Jim Lim, Gruen Associates, to attend the next board meeting, in order that he can explain Gruen's feelings regarding the two signs. The motion was carried by the following vote, to wit: Ayes: Wein, Gutierrez, Dudley, Jamison, McDaniel and Webster Noes: None Abstention: None Absent: None BACKFILL AROUND WARDS BUILDING: Mr. Quinn explained that it is necessary to have a contractor backfill and compact the sail around the Wards Building. This area will then be part of our parking lot. It will add an additional 25-30' to the parking area. Bids were received, the lowest being from Presco Building Materials in the amount of $18,300. The Members were concerned to the number of bids and the fact that the Agency did not advertise. Mr. Reynolds, Operations Assistant, explained that there was no time to advertise because he had just been advised of the necessity to perform the work. The work must be started on Monday to meet the schedule of the Wards building. Mr. Riddell, CHJ, stated that the normal fee for this service is approximately $2 - $3 a yard far normal backfill. The members determinedthat Mr. Press's bill is comparable to this figure. CHJ Material Lab has submitted a proposal for the testing and inspection necessary, in an amount not to exceed $1,000. After further discussion, the following resolution was introduced RESOLUTION N0. 2464 RESOLUTION AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO AGREEMENT WITH PRESCO BUILDING MATERIALS, INC. FOR SERVICES TO BE PERFORMED WITHIN THE CENTRAL CITY PROJECT NO. 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 American providing for financial aid to the Agency for 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, it has become necessary to complete the fill and compaction around Building "A" using the stockpiled material on the Harris Co. site; and WHEREAS, all fill must be compacted to 90 percent; and WHEREAS, compaction equipment and method of and degree of compaction shall be approved by the Soil Engineer; and WHEREAS, fill material shall be placed and compacted to the subgrade elevation; and 1895 WHEREAS, surface will receive fill material and shall be prepared as directed by the Soil Engineer; and WHEREAS, fill material shall be placed in lifts not exceeding 8" in loose thick- ness,brought to the proper moisture content and compacted to at above mentioned percentage of maximum density obtainable to optimum moisture content, as determined by ASTM Designation D-1557; and WHEREAS, this Agency solicited 5 bids to perform said work; and WHEREAS, Presco Building Materials, Inc. submitted a bid of $18,300.00 and is deemed the most advisable for this Agency to accept. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be authorized to enter into Agreement with Presco Building Materials, Inc. for an amount not to exceed $18,300.00 on behalf of the Agency. NOW, THEREFORE, BE IT FURTHER RESOLVED that CHJ Materials Laboratory submitted a proposal for the required testing and inspection not to exceed the sum of $1,000.00 and it is deemed in the best interest of the Agency to accept said proposal. Therefore the Chairman and Secretary are hereby authorized to enter into Contract with CHJ Materials Laboratory for Testing and Inspection for fill and compaction work on Building A for a sum not to exceed $1,000.00. Adopted: 11-18-71 Motion was made by Wein and seconded by Jamison authorizing the adoption of Resolution No. 2464. The motion was carried by the following vote, to wit: Ayes: Wein, Jamison, Dudley, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: None CHANGE ORDER N0. 5, BURKE CONSTRUCTION COMPANY: A request was presented from Burke Construction Company for reimbursement in the amount of $615.34 for work within the public areas. Mr. Quinn explained that at the time Burke submitted their bid for this work, the plans were not clear enough, and the contractor did not include some of the work in his bid. After the work had started, the architect sent in a new plan, with the work more clearly noted. Burke Construction has completed this work, under the direction of the City, and now is requesting reimbursement for same. The Members were concerned as to Gruen's responsibility in this matter. After discussion, motion was made by Wein and seconded by Dudley, denying the request of Burke Construction Company for reimbursement, and instructing the Executive Director to inform the contractor that the error was on the part of the architect, and that he should seek reimbursement from them. The motion was carried by the following vote, to wit: Ayes: Wein, Dudley, Jamison, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: None COST OF LIVING INCREASES: Mr. Quinn stated that the City of San Bernardino has granted their employees a 3.6Y cost of living increase. Agency policies require that when the City re- vises its' Basic Compensation Plan, the Agency will re-examine their Compensation Schedule. 1896 After discussion, the following resolution was introduced: RESOLUTION NO. 2465 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, FIXING THE COMPENSATION OF VARIOUS OFFICERS AND EMPLOYEES THEREOF 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 and 2260, adopted basic com- pensation schedules 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, re-examine the Basic Compensation Schedule of the Agency; and WHEREAS, by Memorandum of Understanding between the City of San Bernardino and the American Federation of State, County and Municipal Employees, AFL-CIO, Local 122, the City of San Bernardino has agreed to increase the salary ranges for all permanent general employees of the City by an amount equal to 3.6 per- cent of the current salary range, said increase to be effective July 1, 1971, except that such increases that are in conflict with the conditions of the Federally imposed wage-price freeze shall commence on the first day subsequent to the termination of the wage-price freeze; 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 ser- vices in his or her position the applicable rate of compensation shown on the following 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 TfiE CITY OF SAN BERNARD INO AFTER AFTER AFTER AFTER 1 YR 1 YR 1 YR. BEGINNING 6 MOS SERVICE SERVICE SERVICE RATE SERVICE IN B IN C IN D POSITION RANGE A B C D E Admin/Finance Officer 48 1,271 1,329 1,390 1,455 1,521 Receptionist/Clerk 26 470 492 515 539 564 Accountant I 34 675 706 739 774 808 Bookkeeper II 31 589 616 645 675 706 Equal Opportunity Specialist 35 706 739 774 808 846 189 7 POSITION Executive Secretary Sec. Deputy Director/ and Real Estate Operations Officer Asst. Operations Officer Operations Asst. Operations Si Lev-Mgr. Land Agent Secretary-Operations RANGE A B C D E 33 645 675 706 739 774 31 589 616 645 675 706 46 1,761 1,215 1,271 1,329 7,390 42 970 1,014 1,061 1,171 1,167 34 675 706 739 774 808 39 846 886 927 970 1,014 47 927 970 1,014 1,061 1,171 31 589 616 645 675 706 (Note: The above position allocations coincide with the annual administrative bud- get approved by the Department of Housing and Urban Development October 79, 1971). Merit 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 fora period of twelve-months before becoming eligible fora merit step salary increase. Section 2. The Salary of the Executive Director is established at $2,039 per month. Section 3. The Salary of the Deputy Director is established at $7,531 per month. Section 4. Sections 1, 2, 3, and 4 of Resolution 2260 are hereby rescinded and the foregoing Sections substituted therefore. A71 other provisions of Resolution 2095 remain in full effect and force. Section 5. This resolution is to become effective on the first day of the first pay period subsequent to the termination of the federally imposed wage-price freeze. Adopted: 11-18-71 Motion was made by McDaniel and seconded by Jamison authorizing the adoption of Resolution No. 2465. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Dudley, Gutierrez, Wein and Webster Noes: None Abstention: None Absent: None TEMPORARY PARKING LOT, FOURTH STREET: Mr. Quinn requested authorization to expend funds for the grading and oil treat- ment of the area immediately west of the three level parking structure, between "F" and "E" Streets, for temporary parking purposes. This will provide additional parking for shoppers during the hgliday season. After discussion, the members authorized the soil treatment, and the following resolution was introduced: 1898 RESOLUTION N0. 2466 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR GRADING AND OIL TREATMENT OF THE AREA IMMEDIATELY WEST OF THE THREE LEVEL PARKING STRUCTURE, BETIdEEN "F" AND "E" STREETS FOR TEMPORARY PARKING PURPOSES WHEREAS, in order to provide additional parking for the community during the Christmas season, the Agency Board has determined it warranted to expend funds far the grading and oil treatment of the area immediately west of the three level parking structure, between "F" and "E" Streets for temporary parking purposes; and WHEREAS, the Redevelopment Agency is under Agreement with the City of San Bernardino, on a time and material basis, for certain maintenance services required in the Central City Project; and WHEREAS, it is to the best advantage of the Agency, to have this work accomplishec under said existing contract with the City of San Bernardino. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the expenditure of funds, under the maintenance agreement with the City of San Bernardino, for the grading and oil treatment of the area immediately west of the three level parking structure, for temporary parking purposes, is hereby approved. Adopted: 11-18-71 Motion was made by McDaniel and seconded by Dudley authorizing the adoption of Resolution No. 2466. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Jamison, Wein, Gutierrez and Webster Noes: None Abstention: None Absent: None ADJOURNMENT: Motion was made by Dudley and seconded by Gutierrez adjourning the meeting at 5:45 p. m. The notion was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, Wein, Jamison, McDaniel and Webster Noes: None Abstention: None Absent: None 1899 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 2ND DAY OF DECEMBER, 1971, 320 NORTH "E" ST. SAN BERNARDINO, CALIFORNIA The Chairman called the meeting to order at 4:00 p.m Roll Call showed the following: Agency Members Present: Webster, Jamison, Dudley, Gutierrez and McDaniel Agency Members Absent: Wein Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of November 18, 7977 were submitted for approval. Mr. Webster stated that on Page 2, it reads "Mr. Jackson stated that this fee would include the up-dating of the project brochures, and the attempt to change the rating to "AAA"." Mr. Varner stated that this should be rating of "AA". Motion was made by Jamison and seconded by Gutierrez approving the Minutes of November 18, 1971 as corrected. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Dudley, McDaniel and Webster Noes: None Abstention: None Absent: Wein Mr. Quinn stated that he met with Chester Upham, Upham Trust, developers of the Penney Store, and was advised that bids for construction were opened on Tuesday. The Contract was awarded, and should be executed by December 13th, with con- struction to start December 75, 1971. REPORT OF AGENCY COUNSEL Mr. Varner stated that he has nothing to report at this time. PYLON SIGN: Mr. Jim Lim, Gruen Associates, introduced Mr. Sampler, designer of their proposed pylon sign, to the members. Mr. Sampler stated that he feels Gruen's proposed sign will be able to be read from a distance better than the one proposed by QRS Corp. He stated that it will also be distinct from other signs normally used. Mr. Quinn presented letters from Harris Company, Montgomery Wards, and Central City Company expressing their preference to the sign proposed by QRS. Mr. Quinn stated that he has exposed the Harris Co. and Central City Company to the reasons Gruen prefers their particular sign. Mr. Lim stated that his firm would not be upset if the Agency prefers the sign of QRS. After discussion, motion was made by McDaniel and seconded by Dudley accepting the design, for the Pylon Sign, submitted by QRS Corporation, with the provision that QRS submit to the Agency alternative lettering concepts, prior to com- pletion of the design. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Jamison, Gutierrez and Webster Noes: None Abstention: None Absent: Wein 1900 ADJOURNMENT: Motion was made by Gutierrez and seconded by Dudley adjourning the meeting at 4:35 p.m. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Dudley, Jamison, McDaniel and Webster Noes: None Abstention: None Absent: Wein 1901 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 16TH DAY OF DECEMBER, 1971, 320 NORTH "E" STREET, SAN BERNARDINO, CALIFORNIA The meeting was called to order at 4:05 p.m. Roll Call showed the following: Agency Members Present: Webster, Jamison, Gutierrez and Dudley Agency Members Absent: Wein and McDaniel Also Present: Mr. Quinn, Executive Director; Mr. Gresham, Acting Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular meeting of December 2, 7977 were submitted for approval. Motion was made by Jamison and seconded by Dudley authorizing the approval of the Minutes of December 2, 7971 as submitted. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Gutierrez and Webster Noes: None Abstention None Absent: Wein and McDaniel EXPENDITURES: The Expenditures of the month of November, 1971 were submitted for approval. Motion was made by Jamison and seconded by Gutierrez approving the expenditures as submitted. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Jamison, Dudley and Webster Noes: None Abstention: None Absent: Wein and McDaniel REPORT OF AGENCY COUNSEL: Mr. Gresham stated that he has nothing to report at this time. WILLIAM T. EASON, CANOPY MODIFICATION: A letter was presented from Mr. William Eason, contractor for the canopy modification. Mr. Eason states in his letter that he has saved the Agency $9,583.62 below the original contract bid. His letter requests consideration of an additional payment based on this savings. Mr. Quinn stated that when Mr. Eason was awarded the contract, the Board moved that the profit to the Contractor could be re-negotiated, at the sole discreation of the Agency Board, if a savings to the Agency has been affected. At this meet- ing there were various approaches suggested but no committment of percentage was given by the Board. Mr. Gutierrez stated that he would consider a 50q split of the $9,583.62. Mr. Gresham stated that he would like to review the matter, and suggested that any resolution be made subject to review of counsel. 1902 After further discussion, the following resolution was introduced: RESOLUTION N0. 2467 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING A 50% SPLIT OF THE SAVINGS OF $9,583.62 BE GRANTED TO MR. WILLIAM T. EASON, CANOPY MODIFICATION CONTRACTOR, SUBJECT TO THE REVIEW OF AGENCY COUNSEL WHEREAS, Resolution No. 2425, adopted 8-5-71, awarded the contract for Canopy Modifications to William T. Eason; and WHEREAS, at said meeting of 8-5-71, motion was made and carried, that the pro- fit to the Contracot can be re-negotiated, at the sole discretion of the Agency Board, if a savings to the Agency has been affected; and WHEREAS, Mr. Eason's actual billings for the work amounted original contract bid; and WHEREAS, the Agency Members have determined that Mr. Eason of said savings, subject to review of the Agency's Counsel NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency Bernardino, California, that a 50% split of the savings of granted to Mr. William T. Eason, subject to review of Agem Adopted: 12-16-71 to $9,583.62 below his should be granted 50% of the City of San $9,583.62, be hereby :y Counsel. Motion was made by Gutierrez and seconded by Dudley authorizing the adoption of Resolution No. 2467. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Dudley, Jamison and Webster Noes: None Abstention: None Absent: Wein and McDaniel 4TH AMENDATORY CONTRACT, CALIF. R-79: The following resolution was introduced by the Chairman, and reviewed and con- sidered: RESOLUTION N0. 2468 RESOLUTION APPROVING AND PROVIDING FOR THE EXECUTION OF A FOURTH AMENDATORY CONTRACT AMENDING LOAN AND GRANT CON- TRACT N0. CALIF. R-79 (LG) BY AND BETWEEN THE REDEVELOP- MENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AND THE UNITED STATES OF AMERICA BE IT RESOLVED BY the Redevelopment Agency of the City of San Bernardino, California, as follows: SECTION 1. The pending proposed Fourth Amendatory Contract (herein called tY "Amendatory Contract"), to amend that certain Loan and Grant Contract No. Calif. R-79 (LG), dated March 21, 1967, by and between the Redevelopment Agency of the City of San Bernardino, California, (herein called the "Local Public Agency") and the United States of America (herein called the "Government") is hereby in all respects approved. 1903 SECTION 2. The Chairman is hereby authorizing and directed to execute the Amendatory Contract in two counterparts on behalf of the Local Public Agency, and the Secretary is hereby authorized and directed to impress and attest the official seal of the Local Public Agency on each such counterpart and to forward such counterparts to the Department of Housing and Urban Development, for execution on behalf of the Government, together with such other documents relative to the approval and execution of such counterparts as may be required by the Government. SECTION 3. This Resolution shall take effect immediately. Adopted: 12-16-71 Mr. D. R. Jamison moved that the foregoing resolution be adopted as introduced and reviewed, which motion was seconded by Mr. Hesiquio E. Gutierrez, and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS E. G. Webster None Hesiquio E. Gutierrez D. R. Jamison Marvin D. Dudley The Chairman thereupon declared said motion carried and said resolution adopted. WESTERN LAND MARKETING CATALOG: Mr. Quinn stated that the Agency has been approached by HUD to participate in the Western Land Marketing Catalog. The Agency received quite a few inquiries from their previous ad. After discussion, the following resolution was intro- duced: RESOLUTION N0. 2469 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR ADVERTISING IN THE WESTERN LAND MARKETING CATALOG WHEREAS, the Department of Housing and Urban Development has recommended the advertising by Local Agencies in the Western Land Marketing Catalog; and WHEREAS, it has been determined by the Agency Members to be to the advantage of the Redevelopment Agency to participate in said catalog. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the expenditure of funds fora two page ad in the Western Land Marketing Catalog is hereby approved. Adopted: 72-16-77 Motion was made by Dudley and seconded by Jamison authorizing adoption of Resolution No. 2469. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Gutierrez and Webster Noes: None Abstention: None Absent: Wein and McDaniel 1904 CENTRAL CITY CLAIM OBSTRUCTIONS DURING CONSTRUCTION OF BLDGS. B, G & E: Mr. Quinn explained that Diffenbaugh installed the fire sprinkler lines accord- ing to the architects instructions. When Central City Company started con- struction on Bldgs. B & G these lines were in the way. Gruen Associates was contacted to resolve this problem. Mr. Borsa, Gruen Associates, suggested that the pile caps be lowered to clear the 8" line. Gruen issued a revised drawing for this work. The actual cost on a time and material basis for Bldg. B was $974 and Bldg. G was $699 (Total of $1,673). Central City Company had Ernest Hahn perform this work and is now requesting reimbursement of same. Mr. Jones, Operations Officer, stated that he invited a representative of Gruen Associates to attend the meeting, but that he has not shown. All members agreed that Gruen Associates should be present. Mr. Alderson also requested reimbursement in the amount of $3,444 for the re- moval of underground obstructions in the area of Building E. The debris was found to be 2' to 3' below the grading pad. After careful consideration, motion was made by Dudley and seconded by Jamison tabling the request for reimbursement for work done around Bldg. B and G until a representative of Gruen Associates can be present. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Gutierrez and Webster Noes: None Abstention: None Absent: Wein and McDaniel The following resolution was introduced RESOLUTION N0. 2470 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING REIMBURSEMENT IN THE AMOUNT OF $3,444.00 TO BE PAID TO THE CENTRAL CITY COMPAPJY FOR REMOVAL OF DEBRIS AROUND THE AREA OF BUILDING "E", CENTRAL CITY PROJECT NO. 1, CALIF. R-79 WHEREAS, during construction of Building "E", brick and concrete footings were found to be in the area of pile caps and grade beams along the west property line of the Andreson Building; and WHEREAS, the debris was found to be 2' to 3' below the graded pad; and WHEREAS, similar conditions occurred with the 3 Level Parking Structure. It was established at the time that these old brick footings were from buildings removed years ago. After the aforementioned footings were removed, Gruen & Associates instructed the contractor to fill the voids with concrete and in- stall extra grade beam steel along the property line of the Andreson Building. This area had footings below the existing sidewalk and could not be formed; and WHEREAS, C H J Materials Lab was the Resident Inspector on the job for the Central City Company and has confirmed that the labor and material expended is accurate; and WHEREAS, the total cost came to a total of $3,444.00 1905 NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, that the amount of $3,444.00 be reimbursed to the Central City Company for removal of debris around the area of Building "E", Central City Project No. 1, Calif. R-79. Adopted: 12-76 -77 Motion was made by Dudley and seconded by Jamison authorizing the adoption of Resolution No. 2470. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Gutierrez and Webster Noes: None Abstention: None Absent: Wein and McDaniel BUS SHELTER: Mr. Bob Wirts, City of San Bernardino, presented a proposed Bus Shelter design to the Members. This shelter is proposed to be constructed along 4th Street. Mr. Quinn explained that the expenditure for this shelter would not be an eligible items, but it is a possibility that this could be included in our last amendal:ory request as a site improvement, and become an eligible item. After careful review and consideration, the following resolution was introduced: RESOLUTION N0. 2477 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE ACCEPTANCE OF SAN BERNARDINO CITY PLANNING DEPARTMENT'S SKETCH OF BUS SHELTERS LOCATED WITHIN THE CENTRAL CITY PROJECT AND FOR THE AGENCY TO BEAR THE COST OF CONSTRUCTION OF SAID SHELTERS WHEREAS, at the regular meeting of the Redevelopment Agency Board of Directors held December 16, 1971 at 4:00 p.m., the Redevelopment Agency Board of Directors authorized the approval of the bus shelter sketch submitted by the City of San Bernardino's Planning Department; and WHEREAS, said Agency Board also approved for said Agency to bear the cost of construction of said bus shelter. NOW, THEREFORE BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino be authorized to accept sketch of bus shelters submitted by the City of San Bernardino's Planning Department and this Agency be authorized to bear the cost of construction of said shelters. Adopted: 72-76-71 Motion was made by Gutierrez and seconded by Dudley authorizing the adoption of Resolution No. 2477, with the understanding that the Agency will attempt to make this item an eligible expenditure. The motion was carried by the fallowing vote, to wit: Ayes: Gutierrez, Dudley, Jamison and Webster Noes: None Abstention: None Absent: Weih and McDaniel 1906 HOLIDAY SCHEDULE: Mr. Quinn stated that the Agency has been advised by the City that they have changed their holiday schedule, so that if a holiday falls on Saturday, the preceeding Friday is granted as authorized holiday schedule. Our present per- sonnel regulations only allow the holiday on Monday if a holiday falls on Sun- day. The Agency has always tied itself to the City on all personnel policies. After discussion, the following resolution was introduced: RESOLUTION NO. 2472 - i RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING RESOLUTION N0.523 PERTAINING TO ESTABLISHMENT OF PAID HOLIDAYS WHEREAS, Resolution No. 523, established a schedule of paid holidays for full time employees of the Agency; and WHEREAS, Resolution No. 523 conformed to the practices of the City of San Bernardino regarding paid holidays for full time City employees; and WHEREAS, the City of San Bernardino has revised its' paid holiday to include the provisions that in cases where a holiday falls on a Saturday the preceeding Friday shall be considered as a paid holiday period. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that paragraph 3, of Resolution No. 523 is amended to reas as follows: "3. Holidays, as listed above, shall be allowed on a Monday if such holiday falls on Sunday. If any such holiday falls on Saturday, it shall be allowed on the preceeding Friday for all employees." Adopted: 12-16-71 Motion was made by Jamison and seconded by Dudley authorizing the adoption of Resolution No. 2472. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: Wein and McDaniel AWARD OF CONTRACT, UNIT N0. 10A, MEADOWBROOK R-10: Mr. Quinn stated that bids were opened today for Site Preparation Unit No. 10A, R10. This contract is for street, curbs, landscaping, etc. around the remaining R-10 properties, particularly the Henry Henschel development. This will be the last site improvement contract in the Meadowbrook project. The low bid was received from Moulder Brothers Contractors in the amount of $132,270. Mr. Gresham stated that the bids are in order. The following resolution was introduced: 1907 RESOLUTION N0. 2473 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH MOULDER BROS., FOR SITE PREPARATION UNIT N0. 10-A, MEADOWBROOK PROJECT N0. 7, CALIF. R-10 WHEREAS, the Agency has under date of October 24, 1958 entered into 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, Calif. R-70; and WHEREAS, the Agency invited competitive sealed bids for Site Preparation Unit 70-A, within the Meadowbrook Project No. l; and WHEREAS, an Invitation for Bid therefor was duly published in the San Bernardino Sun Telegram, a newspaper of general circulation for two weeks and an Affidavit showing such publications are on file in this Agency; and 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 Moulder Bros. in the amount of $132,270.00; and WHEREAS, the Redevelopment Agency of the City of San Bernardino has accepted the bid of Moulder Bros. 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 Moulder Bros. in the amount of $132,270.00 be hereby accepted and the Chairman and Secretary be authorized to execute the Contract for Site Preparation Unit 70-A, R-10, Meadow- brook Project No. 1 on behalf of said Agency. Adopted: 12-16-71 Motion was made by Dudley and seconded by Gutierrez authorizing the adoption of Resolution No. 2473. The motion was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, Jamison and Webster Noes: None Abstention: None Absent: Wein and McDaniel WATER PROOF MEMBRANCE, UNIT 14, 3 LEVEL PARKING STRUCTURE: Mr. Quinn explained that the 3 level parking structure extends over the commercial buildings to be located along "E" Street. In order to provide proper water proofing of this 3rd level to protect the structures below, Gruen Associates specified a membrane under the asphalt coating. The membrane was intended to seal this 3rd level. Gruen has now indicated a dissatisfaction with this particular type of membrane and proposed a substitution of a felt and tar base. This would cause an in- crease of approximately $7,835 to Donovan's contract. __ 1908 Mr. Quinn explained that up until this point, the Agency has taken the position that the plans of Gruen Associates would be followed. If Central City Company did not like their method of treatment, they would "pick up the tab" for what- ever treatment they preferred. Mr. Alderson; Central City Company, stated that they were assured by the Agency that they would be provided a sealed ceiling over their structure. Both methods of sealing the 3rd level were discussed. Mr. Alderson stated that the manufacturer of the membrane has stated that the membrane would not sustain temperatures over 1500. In applying the asphalt coating over the membrane, the temperature would exceed 150°. Mr. Krueger, Contract Inspector, stated that a 4-ply membrane application could be used, provided the temperature is held within a certain degree. His firm could see to it that this temperature is sustained. The increase would be $1,835. Mr. Alderson concurred in this method. The following resolution was introduced: RESOLUTION NO. 2474 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER N0. SIX WITH DONOVAN CONSTRUCTION COMPANY, 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 substitute Pioneer Flintkote Water Proofing Specification #M-W-AC, in lieu of Lexuco Sheeting; and WHEREAS, Donovan Construction Co. has agreed to perform said work for an additional $1,835.00. 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 in Change Order No. 6 with Donovan Construction Co. for an amount not to exceed $1,835.00. Adopted: 12-16-71 Motion was made by Dudley and seconded by Gutierrez authorizing the adoption of Resolution No. 2474, substituting an alternative method of sealing the 3rd level of the parking structure, and increasing Donovan's contract by $1,835 for said substitution. The motion was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, Jamison and Webster Noes: None Abstention: None Absent: Wein and McDaniel 1909 AIR CONDITIONING DUCT WORK During the construction of the mall, the Central City Company indicated a certain concern attributable to the location of the electrical closets with- in the mall. Central City Company requested that these electrical closets be waved and the Board authorized said request. Central City Company paid all design costs and actual moving costs. These costs amounted to approximately $19,000. Gruen Associates also designed Central City Company's tenant stores. At the time of construction of these stores, it became apparent that they could not be constructed without removing the air conditioning ducts. This duct work is immediately adjacent to the electrical closets. The extra cost for this re- moval is $36Z. It now appears that it is necessary to rework the air con- ditioning system, which will cost approximately $15,000. Mr. Quinn stated that this work must be done, but that he feels Gruen Associates is solely responsible for this error. After careful review and consideration, motion was made by Dudley and seconded by Jamison to table the matter until the next regular meeting, in order that a representative from Gruen Associates can be present. Also in order that the Agency Members may have the opportunity of reviewing the air conditioning system in the mall. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Gutierrez and Webster Noes: None Abstention: None Absent: Wein and McDaniel OTHER BUSINESS: Mr. Gresham presented the Members with a letter from Bruce Varner. The Chairman requested the letter be spread on the minutes, as follows: December 16, 7971 Mr. E. George Webster Chairman of the Redevelopment Agency 441 West 20th Street San Bernardino, California Dear Mr. Webster: I hereby tender my resignation as attorney for the Redevelopment Agency of the City of San Bernardino, effective January 1, 1972. Due to the press of personal business, I have found it increasingly difficult to keep up with both my private legal practice as well as to properly attend to the legal affairs of the Redevelopment Agency. Accordingly, I feel it is in the best interest of the Agency to make a change in legal counsel at this time. I have enjoyed working with you, the other members of the Agency, and the Agency staff, as well as the City officials and other interested citizens who have assisted us in bringing the Central City Project to reality. 1910 You may rest assured that my interest in the Agency and its projects will continue, and I will make myself and my files available at any time to effect an orderly transition in the change of attorneys and to render any help to my successor that may be required. Very truly yours, s/Bruce D. Varner Bruce D. Varner Counsel for the Redevelopment Agency of San Bernardino BDV:jr cc: Hon. W. R. Holcomb, Mayor Sanford H. Wein Hesiquio E. Gutierrez D. R. Jamison Marvin Dudley P. W. Quinn, Jr. The following resolution was introduced: RESOLUTION N0. 2475 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HONORING BRUCE D. VARNER, ESQ., AGENCY COUNSEL WHEREAS, Bruce D. Varner, Esquire, served as Legal Counsel of the Redevelopment Agency of the City of San Bernardino, from April 7, 7967, until personal business necessitated his resignation on January 1, 1972; and WHEREAS, Bruce D. Varner, Esquire, did, through his in-depth and astute knowledge and guidance, and with vigor and forthrightness, foster and further the Redevelop- ment aims of the City of San Bernardino; and WHEREAS, Bruce D. Varner, Esquire, through his leadership and interpretative solutions of complex and complicated legal processes to the Agency Board did formulate new forms of redevelopment services which have served to improve the capacity of the Agency to carry out its development responsibilities; and WHEREAS, during his tenure of employment, Bruce D. Varner, Esquire, unselfishly did, to the detriment of his personal law practice, but for the betterment of all citizens of San Bernardino, involve himself in untold hundreds of hours of negotiations with contractors, developers and financial consultants, which negotiations in each instance resulted in most favorable gains and accomplish- ments for the Agency; and WHEREAS, Bruce D. Varner, Esquire, was instrumental in successfully culminating negotiations with private developers, thereby assuring success of the City of San Bernardino's Central City Project; and WHEREAS, Bruce D. Varner, Esquire, was primarily instrumental in the negotiation and sale of this Agency's Ten Million Dollar Promissory Note Sale and the ultimate conversion to a $13.5 million long-term tax allocation bond issue, which sales assured the continuation and the ultimate completion of this City's 1971 $100 million revitalization program in its Central City. NOW, THEREFORE BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, that it does hereby commend Bruce D. Varner, Esquire, for his untiring efforts, guidance, and wisdom in strengthening the aims and goals of the Redevelopment Agency of the City of San Bernardino, California, and it does further cite Bruce D. Varner, Esquire, far his personal dedication and efforts in the highest tradition of community service. Adopted: 72-76-71 Motion was made by Dudley and seconded by Jamison authorizing the adoption of Resolution No. 2475. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Gutierrez and Webster Noes: None Abstention: None Absent: Wein and McDaniel Mr. Webster appointed Mr. Dudley to interview various counsels for the Agency Counsel contract. ADJOURNMENT: Motion was made by Jamison and seconded by Dudley adjourning the meeting at 6:00 p. m. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: Wein and McDaniel 1912 MINUTES OF THE SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 30TH DAY OF DECEMBER, 1971, 320 NORTH "E" STREET, ROOM 403, SAN BERNARDINO, CALIFORNIA The Chairman reported that this Special Meeting was duly called in accordance with the law. The Notice and Certificate are spread below: 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 4:00 p.m., Thursday, December 30, 1971, 320 North "E" Street, Room 403, San Bernardino, California, the regular meeting place thereof, for the following purposes: 1. Electrical Closets, Air Conditioning Ducts 2. Sagging Beam - 3-level Parking Structure 3. CLO Rental Schedules and Agency Schedule 4. Replacement of Agency Counsel DATED this 27th day of December, 1971. s/E. G. Webster E. G. Webster Chairman 2. CERTIFICATE OF SERVICE I, E. G. WEBSTER, Chairman of the Redevelopment Agency of the City of San Bernardino, California, HEREBY CERTIFY, that on the 28th day of December, 7971, 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 of the City of San Bernardino, California, this 28th day of December, 1971. s/E. G. Webster E. G. Webster (SEAL) Chairman The Chairman called the meeting to order at 4:40 p.m. Roll Call showed the following: ~~ _ _ __ __ 1973 Agency Members Present: Webster, Jamison, Dudley and McDaniel Agency Members Absent: Gutierrez Also Present: Mr. Harper, Deputy Director; Mr. Gresham, Acting Agency Counsel; and Mrs. Baxter, Executive Secretary ELECTRICAL CLOSETS, AIR CONDITIONING DUCTS -- SAGGING BEAM - 3-LEVEL PARKING STRUCTURE -- CLO RENTAL SCHEDULES AND AGENCY SCHEDULE -- The Members discussed the first three items on the Agenda, and no action was taken. REPLACEMENT OF AGENCY COUNSEL: Mr. Webster stated that due to the nature of the discussion he would like to call an Executive Session. The Agency counsel concurred. 4:45 p. m. - The Chairman called an Executive Session 5:00 p.m. - The Meeting was reconvened. Mr. Wm. A. Flory was introduced to all present. The following resolution was introduced: RESOLUTION NO. 2476 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO CONTRACTS WITH MR. WM. A. FLORY FOR LEGAL SERVICES WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, under dates of March 27, 1967 and October 24, 1958, entered into contracts for Loan and Grant with the United States of America providing for financial aid to the Local Public Agency under Title I of the Housing Act of 7949, as amended by all amendatory acts including the Housing Act of 1954; and WHEREAS, pursuant to such Contracts, the Local Public Agency is undertaking cer- tain activities necessary for the execution of a Project situated in the area known as Central City Project, Calif. R-79, and Meadowbrook Project, Calif. R-10; and WHEREAS, the Local Public Agency desires to engage the services of Mr. Wm. A. Flory to render certain legal advice and assistance in connection with such undertakings. 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 Contracts with Wm. A. Flory for Legal Services. Adopted: 12-30-71 1914 Motion was made by McDaniel and seconded by Jamison authorizing the adoption of Resolution No. 2476, authorizing the entering into contracts with Wm. A. Flory for general legal services, at the rate of $40.00 per hour, and a minimum of $6,000 within 6 months, effective January 1, 1972. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Dudley and Webster Noes: None Abstention: None Absent: Gutierrez Mr. Webster instructed Mr. Flory to meet with Allen Gresham and Bruce Varner regarding any outstanding matters. ADJOURNMENT: Motion was made by Dudley and seconded by Jamison to adjourn the meeting at 5:05 p. m. The motion was carried by the following vote, to wit: Ayes: Dudley, McDaniel, Jamison and Webster Noes: None Abstention: None Absent: Gutierrez E. G. WEBSTER Chairman