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HomeMy WebLinkAboutBook 12 01/06/72 - 11/02/72 1915 ,.... ...... MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 6TH DAY OF JANUARY, 1972, 320 NORTH "E" STREET, SAN 'BERNARDINO, CALI FORNIA The Chairman called the meeting to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Webster, Jamison, Dudley and Gutierrez Agency Members Absent: McDaniel Also Present: Mr. Quinn, Executive Director; Mr. Flory, Agency Counsel; and Mrs. Baxter, Executive Secretary ELECTION OF OFFICERS FOR THE YEAR 1972: The Chairman reported that this is the time and place for the election of officers for the year 1972, and declared nominations open. Mr. Gutierrez nominated Mr. Webster for the position of Chairman. Mr. Dudley seconded the nomination. Mr. Dudley nominated Mr. Gutierrez for the office of Vice Chairman. Mr. Jamison seconded the nomination. ",... .... Mr. Jamison nominated Mr. Quinn for the office of Secretary-Treasurer. Mr. Dudley seconded the nomination. Mr. Gutierrez moved the nominations for offices for the year 1972 be closed. Mr. Dudley seconded the motion. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Dudley, Jamison and Webster Noes: None Abstention: None Absent: McDaniel Mr. Webster declared the Offices for the year 1972 as follows: Chairman - E. G. Webster Vice Chairman - Hesiquio E. Gutierrez Secretary-Treasurer - P. W. Quinn, Jr. MINUTES: The Minutes of the Regular Meeting of December 16, 1971 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 and Webster Noes: None Abstention: None Absent: McDaniel "".. The Minutes of the Special Meeting of December 30, 1971 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: Dudley, Jamiso~, Gutierrez and Webster Noes: None Abstention: None Absent: McDaniel ...... --;""7"~"';~;"''''",._"...;,<_.i0'~~;;;;;~h''~';ii'JIJ').--41J1li,,r'l11r- ,!Ii,n ILL. -~Juru.l,~" '_' ~ ~"""""'''''''''~''"'''''''''''''''''-'''''''''''''lfl,.~~"",."~.",,,r;._~',1'''~~,!_~'*,,~'' 1916 REPORT OF AGENCY COUNSEL: ~ Mr. Flory stated that he is working with Mr. Quinn and Mr. Webster familiarizing himself with Agency matters. 4:10 p.m. - Mr. McDaniel arrived at the meeting. -- RESOLUTION HONORING FORMER MAYOR GEORGE C. BLAIR: The following resolution was introduced: RESOLUTION NO. 2477 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, EXPRESSING ITS' APPRECIATION TO FORMER MAYOR GEORGE C. BLAIR AND WISHING HIM MANY HAPPY RETURNS ON THIS, HIS NINETIETH BIRTHDAY WHEREAS, George C. Blair, Former Mayor of the City of San Bernardino, California, did, during his tenure of office, from May 1951 to May 1959, visualize a revital- ization of the City of San Bernardino; and WHEREAS, through the powers of his office, on June 24, 1952, former Mayor George C. Blair, did create the Redevelopment Agency of the City of San Bernardino, California; and WHEREAS, former Mayor George C. Blair, did authorize the filing of the initial application for Federal assistance in the rejuvination and revitalization of the City of San Bernardino; said application being filed on December 31, 1957; and WHEREAS, during the entire tenure in office, former Mayor George C. Blair, did by his professional attitude, his skill and achievement, his astute knowledge of City planning and progress, guide the destinies of the Redevelopment Agency down treacherous and unchartered paths to ultimate success in its programmed aims and goals; and ~ -- WHEREAS, as a result of former Mayor George C. Blair's farsightedness, the City of San Bernardino has achieved National acclaim and recognition for its daring and innovation within the Urban Renewal profession; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that it does cite former Mayor George C. Blair for his personal dedication and efforts in the highest tradition of community service, and as a unified body, do wish him well, on this his ninetieth birthday, and commend him for the score of years he has spent for the'betterment of his community and its citizens. Adopted: 1-6-72 Motion was made by Dudley and seconded by Jamison authorizing the adoption of Resolution No. 2477. The motion was carried by the following vote, to wit: ___ Ayes: Dudley, Jamison, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: None - - T~~i/T_ Jjl rrJlI!K'-:---:~ljWT- 1917 ".,.. CERTI FlCATE OF COMPLIANCE, MEADOWBROOK PARK AND TOWER APARTMENTS: ..... Mr. Quinn requested authorization to issue a Certificate of Compliance to Meadowbrook Park and Tower Apartments~ Reuse Parcels 23-32, R-10. The City has issued them Certificates of Compliance. The Operations Department in- spected the property and determined that they have complied with the pro- visions of the Disposition Agreement. After discussion the following re- solution was introduced: RESOLUTION NO. 2478 RESOLUTION AUTHORIZING ISSUANCE OF REDEVELOPER'S CERTIFICATE OF COMPLIANCE TO MEADOWBROOK PARK AND TOWER APARTMENTS ..... WHEREAS, Meadowbrook Park and Tower Apartments, a limited Partnership, here- inafter called the Redeveloper, have entered into an Agreement and Grant Deed with the Redevelopment Agency of the Ci ty of San Bernardino; and WHEREAS, said Agreement, dated May 21, 1969, was recorded on December 16, 1970 in Book 7574 on page 171 and said Grant"Deed dated December 9, 1970, was recorded on December 16, 1970, in Book 7574 on page 163, both in the Offi ci a1 Records of the County Recorder of the County of San Bernardino, State of California; and WHEREAS, in Section 3 of said Agreement and in Section 4 of said Grant Deed Redevelopers covenanted and agreed, 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 Redevelopers with an instrument certify- ing completion of said improvements in accordance with the provisions of said Grant Deed upon Redeveloper's completion thereof; and ",... WHEREAS, said real property is known as Parcels 23 through 32, Calif. R-10. 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 Deed upon the hereinafter described real property. IT IS FURTHER RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to execute and have recorded with the County Recorder of the County of San Bernardi no a "Certi fi cate of Comp1 i ance". ,.... Adopted: 1-6-72 .... --':-7;;:-:';;'7:i""~;:-,,-o;:.~.,",,,,,,,~ HUll1 .,~. .~W'<f,'.:-i.W """r_"_'_""'<~""""-;'.-.'."'<-""""~"-""~'o.,~",,,\!,. ll._~~ .=,.,. .. .. ~ [\'J 1{1IlH 1918 Moti on was made by McDani e 1 and seconded by J ami son authori zi ng the Resolution No. 2478. The motion was carried by the following vote, Ayes: McDaniel, Jamison, Gutierrez, Dudley and Webster Noes: None None Absent: None adoption of to wi t : Abstention: ..... - TIME EXTENSION - DONOVAN CONSTRUCTION COMPANY: Authorization was requested to increase Donovans contract by 24 additional days. They have requested 21 days for the teamsters strike and 7 days for inclement weather. Krueper Engineering does not concur in this request and recommends that 19 days be authorized for the Teamsters strike and 5 days for inclement weather, totali ng 24 days. The Members asked Mr. Krueper if his contract compensation would also increase by extending Donovans contract by 24 days. He stated that he could not say at this time. If Donovan finishes his contract ahead of time, there will be no additional cost for inspection. After further discussion, the following re- solution was introduced: RESOLUTION NO. 2479 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRE- TARY TO ENTER INTO CHANGE ORDER NO. 7 FOR UNIT 14, DONOVAN CONSTRUCTION COMPANY., CENTRAL CITY PROJECT NO.1, CALI F. R-79 AND UNIT 15, CENTRAL CITY PROJECT NO.1, CHANGE ORDER NO. 4 II'llI!IIl WHEREAS, Donovan Construction Company has request a time extension to the contract because of the Teamster's Strike and inclement weather; and - WHEREAS, it is the opinion of this Agency and the Resident Inspector that the request be granted; and WHEREAS, Donovan Construction Company is hereby granted an additional 24 days to their Contract; and WHEREAS, Contract now will expire March 21,1972. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that a time of extension in the amount of 24 days be granted to Donovan Constructi on on Uni t 14 and 15, Central Ci ty Project and the Secretary and Chairman be authorized to enter into Change Order 7 for Unit 14 and Change Order 4 for Uni t 15. Sai d Contract will now expi re on March 21, 1972. Adopted: 1-6-72 Motion was made by Dudley and seconded by McDaniel authorizing the adoption of Resolution No. 2479. The motion was carried by the following vote, to wit: Ayes: Dudley, McDaniel, Gutierrez, Jamison and Webster Noes: None ~ Abstention: None Absent: None - iiiYJl.1 tl\lJlnm lI!] J U~UJf.lfIH.jf(ili":("~Tl'1i;: -', . -'c 1919 ",... CONSIDERATION OF EXPANSION JOINTS, PARKING STRUCTURE: ",.... Mr. Quinn stated that all parties involved met in a workshop session yesterd~y to discuss several matters regarding the parking structures. One item discussed was the cover plates for the expansion joints. The cover plates designated in the plans will not fit all the expansion joints, due to deflection in this area. New cover plates are needed in these areas. The cost for these alternate plates is approximately $2,300. Both Donovan and Gruen Associates do not feel the Agency is responsible for this additional expense. In addition, neither party feels he is the responsible party. Donovan has stated that they will have an impartial independent archi- tectural firm examine the plans of Gruen to determine if they are correct. If the plans are correct, they will incur the expense of these additional plates. Mr. Lim stated that his records will be made available to such an inspection, and if Gruen is in error they will pay for the plates. Mr. Szymanski, Gruen Associates, stated that the inspection must be made by an impartial firm acceptable to Gruen. Mr. Quinn requested authorization .to authorize the work to be done with the liability of said cost to be determined after the examination of the plans is made, with the provision that monies covering this work be retained by the Agency until this determination is made. The following resolution was introduced: ..... .... RESOLUTION NO. 2480 RESOLUTIONOFTHE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO.8, SITE PRE- PARATION UNIT 14, FOR THE INSTALLATION OF EXPANSION JOINT COVERS WHEREAS, in lieu of the specified expansion joint cover plates, the contractor is hereby authorized to furnish and install 224 line feet of steel expansion joint covers, per Gruen & Associates Drawing No. @-3, SK1; and WHEREAS, it is anticipated that it will be necessary to bend the steel plate in small increments to meet the ranging angles required and then weld the pieces into suitable lengths for installation; and WHEREAS, it is understood and agreed that this work is to be done with the liability of said cost to be determined after the examination of the plans is made by an impartial independent architectural firm and monies covering this work is to be retained by the Redevelopment Agency until such determination is made; and WHEREAS, total cost will not exceed the amount of $2,300.00. "... ....... ,-:'-:,':"~^"'-i';;;i>:~:;;;.;;,.;;:;;;+;-,.~~~~~~~(~,':~;1i.i,:j",,,,,,,,,'-,,...j~,<,";,_,~,..-;",;.,;;;'::::-ii..:"",:d"""...",~;""""...",,~~-;,JtI'I;'ii<.J'h~."'<f"",,,_'c,""""^ ~'-."_",'n,~",,,,,,~~~;:;;;;il;~_",,',,,",,W"""""_"""""" ~ ~,~ \('''~''''''''O 1920 NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be hereby authorized to enter into Change Order No.8 with Donovan Construction Co. for an amount not to exceed $2,300.00 and that determination of whom will assume liability will come at a later date. I!lIlIIIIIIIl - Adopted: 1-6-72 Motion was made by McDaniel and seconded by Dudley authori zing the adoption of Resolution No. 2480. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Gutierrez, Jamison and Webster Noes: None Abstention: None Absent: None WEIGHT TEST ON BEAMS - 3 LEVEL PARKING STRUCTURE: Mr. Quinn advised that Donovan has agreed to bear the cost of the weight test on the beam questionable as to structural stability. They h-ave also agreed to per- form whatever work is necessary to improve the appearance of this beam, agreed upon by the City and the architect. "CITY ON THE MOVE" PUBLICATION: Mr. Quinn stated that he has been contacted by Mr. Rod Wolfe requesting the Agency's endorsement of his publication, "The City on the Move",an illustrative book telling the story of San Bernardino's Central City Project. This book will be published at no cost to the Agency. The Agency will receive some valuable publicity from this book. Mr. Wolfe requests the use of official photographs of the project for his book. Mr. Quinn stated that Mr. Wolfe intends to copyright the book. He asked Mr. Flory if this would mean that the Agency's renderings and photographs that were used in the book would also be copyrighted. Mr. Flory stated that he did not believe so but that Mr. Wolfe should sign an agreement to the effect that any material furnished him for the publication would remain the property of the Agency, and that the Agency reserves the ri gh t to 1 et others use the ma te ri a 1 a 1 so. ... - After much discussion, motion was made by McDaniel and seconded by Jamison to table this matter until the next regular meeting in order that Mr. Wolfe can be present. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None CENTRAL CITY COMPANY - FIRE LINES: Mr. Quinn stated that at the last meeting the Board was given some exposure to the problem of underground fire sprinkler lines, encountered by Central City Company when they started construction on Buildings Band G. Mr. Harry Krueper briefed the members on this problem. He stated that he feels a workshop meeting should be held, with all parties involved to work out the ~ many problems and differences in this matter. All members agreed. - ~ !liT. JI.fFfilfij11^iji,i:f':'!;7r'~~{~:;l~jf..;~fr~,'lt~.n~'_r;k;,.;'f;..f~~~"'+i.;'f\,.\ji1J1':"-~::f1:-="""~-"I~~---]tr:~:<.,---- 1921 r- t '-- Motion was made by Jamison and seconded by Dudley tabling this matter until a workshop meeting can be hel d. The motion was carri ed by the followi ng vote, to wit: Ayes: Jamison, Dudley, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: None RESOLUTION HONORING SANFORD H. WEIN: The following resolution was introduced: RESOLUTION NO. 2481 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, COMMENDING MR. SANFORD H. WEIN WHEREAS, Mr. Sanford H. Wein,was appointed a Member of the Redevelopment Agency of the City of San Bernardino, California on January 12, 1967, which office he held until November 15, 1971; and WHEREAS, Mr. Sanford H. Wein did, during his tenure of appointment further and foster the aims of the Redevelopment Agency of the City of San Bernardino; and , ....... WHEREAS, Mr. Sanford H. Wein did, through his in-depth knowledge of Department of Housil1g and Urban Development procedures assure equitable treatment for businesses and residents being displaced within the Central City and Meadowbrook Project areas; and ,.... WHEREAS, Mr. Sanford H. Wein, 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; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that it express to Mr. Sanford H. Wein its appreciation and gratitude for his outstanding ability, devotion to duty, and public spirit as a member of the -Redevelopment Agency; and BE IT FURTHER RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that this expression be given to Mr. Sanford H. Wein of its appreciation and gratitude for his outstanding participation and public service as a member of said Agency. Adopted: 1-6-72 Motion was made by Jamison and seconded by Dudley authorizing the adoption of Resolution No. 2481. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Gutierrez and-Webster Noes: None Abstention: McDaniel Absent: None ".... ...... - -- - ,-:-::-"'~~'=.";~,,,-_,,c,:_,,,,...";~._,,~":;:;::;:::-,^~,,,,,,~::;:;::;:;;;;~';;;;::;;::::;::;;;::;::.:"-",'._"':'4"~""':'_""'''';''._'''':_~i.',,,,,'';'''''''''''''''l''''''''_'_~'<i'.':''__~f_'> ,....,_.,. _c,,,._,.,,,.,,\,;,..,,,,,,,,~,,_..,,-,,;,,.,,,,,,,:,.~,,,,,,_.,;.,,,,,,,.;,>,. .:' ,,,,,-,,.."'.:_Cri""'" """_~'''''~'_;''''-'''''''''_=-...__r__'_,'''':~'''''''''~-- AlII 1922 ADJOURNMENT: ~ Motion was made by Jam;-s.on and seconded by Dudley to adjourn the meeting at 5:30 p;.m. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: None - ...... - ~ - ...- " 1923 r- i .... MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 20TH DAY OF JANUARY, 1972, 320 NORTH "E" STREET, ROOM 403, SAN BERNARDINO, CALI FORNIA The Chairman called the meeting to order at 4:15 p.m. Roll Call showed the following: Agency Members Present: Webster, Gutierrez, Jamison and McDaniel Agency Members Absent: Dudley Also Present: Mr. Quinn, Executive Director; Mr. Flory, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of January 6, 1972 were presented to the Members for approval. Mr. Jamison stated that on Page 4, "CITY ON THE MOVE" PUBLICATION, the words San Bernardino Publishing Company should be struck following Mr. Rod Wolfe's name. Motion was made by Jamison and seconded by McDaniel approving the Minutes of the January 6, 1972 meeting as corrected. The motion was carried by the following vote, to wit: Ayes: Jamison, McDaniel, Gutierrez and Webster Noes: None Abstention: None Absent: Dudley EXPENDITURES: r ! L.. Motion was made by McDaniel and seconded by Jamison approving the Expenditures for the month of December, 1971. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Gutierrez and Webster Noes: None Abstention: None Absent: Dudley REPORT OF AGENCY COUNSEL: Mr. Flory reported that he has received the files pertaining to the Winstead matter and has rendered an Opinion to the Agency, which in turn has been for- warded to the Department of Housing and Urban Development. Mr. Webster requested that copies of this opinion be provided all Board Members. Mr. Quinn stated that they would be sent to all Members. Mr. Flory also stated that he has reviewed the Diffenbaugh/Taber matter. Mr. Quinn has signed the Submission to Arbitration papers, and the matter should be in arbitration within 30 days. Mr. Quinn explained to the Members the dispute between Diffenbaugh (General Contractor for the Mall) and Taber (Plunt>ing Sub-Contractor). Mr. Flory also stated that Mr. Varner has stated that approximately 50 files are ready to be pi cked up tomorrow. "CITY ON THE MOVE" PUBLICATION BY ROD WOLFE: ...... Mr. Quinn explained that at the last meeting the Agency's endorsement was requested for the publication "City on the Move" by Rod Wolfe. The Members tabled this matter until Mr. Wolfe could be present for discussion. Mr. Wolfe was presented to the members. ",.". ~ """",__,;",'"_",_,,,,""" ,o",,,,,_,,,.,,,.~,,,,,,_.~~.~~.;,,,,,,,,,,....<..;...,.,~~~JJ,,".,,,,,~,~,~'M>"'~;""~~~~'"'-"'"".<"""".~"'_"'''''"",,~'-'''''" "',,,,,,,,,,,'~'d._...,...,,,,,,....,_,,,,,,,,,.._,,,,,,,,_,,,~,,,,,,.,,,,,,,,,(,,,~~..~___,,,,,,~,,,,,>>.._~,,,,,.,,,,~-,,.,.,,,---,,,,,,._.......i~""~_.~*,_-,,,,,,,,,,,,,,,,'i"""'~"'-""- 1924 Mr. Flory stated that he has reviewed the laws on copyright, and that his oplmon would be that any material or renderings furnished Mr. Wolfe for his publication would remain the property of the Agency. The copyright would include the format, design, and context of the book, not the renderings and material (public docu- ments) furnished by the Agency. Mr. Joe Baker stated that any material used in a publication that has been copyrighted, is also copyrighted. Mr. Wolfe stated that this is the law, but not his intention. Mr. Quinn stated if it is the intent of Mr. Wolfe that any material funished him by the Agency is also copyrighted, his recommendation would be that any material furnished would be with the understanding that no rights of the Agency are jeopardized. Mr. Flory concurred in this recommendation. The matter of endorsement of publication was discussed. The Members did not feel that a public agency should give an endorsement as such, to any publication. After much discussion, motion was made by McDaniel to submit a letter to Mr. Wolfe, releasing any material and renderings for his publication, "City on the Move", and offer to him every encouragement in this publication, with the pro- vision that this does not jeopardize the reproduction of any material furnished, by any other party. The motion died for lack of a second. After further discussion, motion was made by Jamison and seconded by Gutierrez setting forth the policy prohibiting the use of any Agency pictures and/or material to anyone if said pictures and/or material is to be used in a copy- righted publication. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, McDaniel, and Webster Noes: None Abstention: None Absent: Dudley MANAGEMENT SERVICES CONTRACT - CALIFORNIA THEATER: Mr. Webster suggested that this item be tabled until the City Administration can review contract. All Members agreed. Mr. Dale Jenks and Mr. Jim Swing presented the Members with a Rental Schedule for the California Theater. This schedule also includes use by the Civic Light Opera. Rehearsal fees will be negotiated with individual parties. Mr. Swing suggested that he and Messrs. Quinn and Flory incorporate a paragraph into the proposed Management Services Contract regarding the equipment and fixtures be- coming part of the realty as of date of execution of contract. All members agreed. USE OF THE MALL - MARCH 4, 1972 - CADDET GIRL SCOUT TROOP 98, FASHION SHOW: Motion was made by Jamison and seconded by Gutierrez authorizing the use of the mall on March 4, 1972 by the Caddet Girl Scout Troop 98, for a Fashion Show. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: Dudley SECOND AMENDMENT TO FINANCIAL CONSULTANT SERVICES CONTRACT: Mr. Quinn stated that he and Mr. Flory have reviewed the proposed Second Amend- ment for Financial Consultant Services Contract submitted by Mr. Narwitz. They have revised the amendment somewhat including a provision that said services shall be performed by June 30, 1972. The substance of this revised amendment has been discussed with Bill Jackson, Narwitz & Co., but he has not seen a copy of our complete revision. 11II JYfiiW]lHi ri'irr~',":,T _ ~_-'il":H:fliliMI'~ ~ - ~ ......., ..... .....J 1925 ",... Mr. Flory recommended approval of the amendment subject to final approval by himself and Mr. Quinn. The following resolution was introduced: .... RESOLUTION NO. 2482 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE THE SECOND AMENDMENT TO FIN- ANCIAL CONSULTANT SERVI CES CONTRACT, WITH J. R. NARWITZ & CO., SUBJECT TO FINAL APPROVAL BY THE AGENCY COUNSEL AND EXECUTIVE DIRECTOR WHEREAS, Resolution No. 2459, adopted 11-18-71, authorized the J. R. Narwitz & Co. to seek negotiations for the sale of a pre-refunding bond issue in the approximate amount of $14,000,000 for Calif. R-79, subject to approval of contract contingencies; and WHEREAS, the Agency Members have reviewed the Second Amendment to said Financial Consul tant Servi ces Contract, and a 11 contract conti ngenci es therei n; and WHEREAS, the Members have found said Second Amendment to the best interest of the Redevelopment Agency and the City of San Bernardino. ".. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency, to execute the Second Amendment to Financial Consultant Services Contract with J. R. Narwitz & Co., subject to final approval by the Agency Counsel and the Executive Director. .... Adopted: 1-20-72 Moti on was made by Jami son and seconded by Guti errez authori zi ng the adopti on of Resolution No. 2482. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: Dudley URBAN RENEWAL RAPSHOP - NEWPORTER INN, JANUARY 22, 1972: Mr. Qui nn requested authori zation for not more than four staff members to attend the Urban Renewal Rapshop, January 22, 1972, at the Newporter Inn. The follow- ing resolution was introduced: RESOLUTION NO. 2483 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE TRAVEL OF NOT MORE THAN FOUR STAFF MEMBERS AND ANY INTERESTED BOARD MEMBER TO NEWPORT BEACH, JANUARY 22, 1972, TO ATTEND THE URBAN RENEWAL RAPSHOP ",... ....... WHEREAS, Resolution No. 2043 of the Redevelopment Agency of the City of San Bernardino, California, requests that each trip made by an Agency Member or Staff Member outside of the City of San Bernardino, California, be specifically authorized by a Resolution of the Agency Members; and 7,;;:iT"':'><";,,,,,;<,;'~",;c;:;~-;,=:;;;c::-.po;,",;,:C;;;"-;;;';',",,,,"",,,~"-':'li::-;i'''r~~~~:4.:~!';'..'...~"i.1$_-' ...,;L.,-......_T_.)'fo..%l;""/!i..~~_.-.~.... K~U;;~it . Clio lR~Wi:lrwo; ~~_\~_.....,""'." 1926 WHEREAS, it has been found essenti al for not more than four staff members and any interested Board Members to travel to Newport Beach, January 22, 1972, to attend an Urban Renewal Rapshop. 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 four staff members and any interested Board Members to attend an Urban Renewal Rapshop, January 22, 1972, at the Newporter Inn, Newport Beach, CAlifornia; and their travel expenses are hereby approved in accordance with Resolution No. 2043 as amended. """" - Adopted: 1-20-72 Motion was made by McDaniel and seconded by Jamison authorizing the adoption of Resolution No. 2483. The motion was carried by the following vote to wit: Ayes: McDaniel, Jamison, Gutierrez and Webster Noes: None Abstention: None Absent: Dudley AWARD OF SITE PREPARATION UNIT 2-B CONTRACT, CALIF~ R-79: Mr. Quinn stated that bids were opened for Site Preparation Unit 2-B, Calif. R-79. The low bid was submitted by Vega Development in the amount of $9,845. Mr. Flory reviewedthe bids. The work involved Was discussed. The following resolution was introduced: RESOLUTION NO. 2484 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALI FORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH VEGA DEVELOP- MENT CORPORATION FOR SITE IMPROVEMENT UNIT 2-B, CALIF. R-79, CENTRAL CITY PROJECT NO. 1 """" - WHEREAS, the Agency has under date of March 21, 1967 entered into a Contract for Loan and Capital Grant with the United State of America providing for financial aid to the Agency for it's Central City Project No.1, Calif. R-79 under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract, the Agency is undertaking certain activities necessary for the execution of the Central City Project, Calif. R-79; and WHEREAS, the Agency invited competitive bids for work consisting principally of installing 1/2" gypsum Board to Metal Studding within the Central City Mall Structure; 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 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 Vega Development Corporation in the amount of $9,845.00; and ..... - .. Wl'iMl 1927 ..... WHEREAS, the Redevelopment Agency of the City of San Bernardino, California has accepted the bid of Vega Development Corporation as it is in the best interest of this Agency to accept the bid of the Contractor. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that subject to the approval of the Contractor by the Department of Housing and Urban Development, the Bid of Vega Development Corporation in the amount of $9,845.00 be hereby accepted and the Chairman and Secretary be authori zed th execute the Contract for Si te Prepara ti on Unit 2-B, Calif: R-79, Central City Project No.1. r- Adopted: 1-20-72 Motion was made by Jamison and seconded by McDaniel authori zing the adoption of Resolution No. 2484. The motion was carried by the following vote, to wit: Ayes: Jamison, McDaniel, Gutierrez and Webster Noes: None Abstention: None Absent: Dudley SECURITY PATROL SERVICE CONTRACT: Mr. Quinn requested authori zation to extend our present Securi ty Patrol Servi ce Contract seven additi onal months. The duties of American Eagle Securi ty were discussed. Mr. Quinn explained that this service should continue until the City takes over the control of the public mall. The following resolution was introduced: ",.. ..... RESOLUTION NO. 2485 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIR- MAN AND SECRETARY TO ENTER INTO CONTRACT AMENDMENT NO. ONE WITH AMERICAN EAGLE SECURITY (ACME) FOR SECURITY SERVICE PATROLS WITHIN THE CENTRAL CITY MALL, CENTRAL CITY PROJECT NO.1, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into Contract with American Eagle Security (ACME) for security service patrols within the Central City Mall on January 1,1971; and WHEREAS, it is anticipated that this Agency will require security service for a period of seven additional months, at which time the Harris Co., Wards, and most of the satellite stores will be in operation and the City of San Bernardino will be required to take over the maintenance and security services; and ...... WHEREAS, it is in the best interest of this Agency to continue with the present security service patrols; and WHEREAS, American Eagle Security (ACME) will continue said services for a sum not to exceed $2,100.00. 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 Contract Amendment No.1 with American Eagle Security (ACME) for seven additional months for a sum not to exceed $2,100.00. ""... Adopted: 1-20-72 '*". ,...."~._,"'"'.,_'._"',."","'-',',~,>"""'''~,:,,,.,,..._ "",~,","""",_..,..' _,_.. .. '~~V#fl"""''''~'''''''''''''<W'''''"'''''''~''''''''^ ' .... ,,_.,._,.p,'~""'-,'--- _"~~"'-,,"'''''--_'''"'''''''''''i """,~"".,,~:...__oi'''''''''",'''''' ,-,",-c. :"","",~,_.c,.,"""._....,,,,..,,-,.,,,__".~,.,,_..__,","_~,,_~,-,~."q. -",~""~~,~~",,,",'___""''''>''.' .~';""m"_" 1928 Motion was made by McDaniel and seconded by Jamison authorizing the adoption of Resolution No. 2485. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Gutierrez and Webster Noes: None Abstention: None Absent: Dudley CORRECTION DEEDS - J. C. PENNEY CO.: !IIIIIII!I\ - Mr. Quinn explained that the J. C. Penney Co. took the wording for the Construction Specifications from their form of Development Contract. The REA has a provision that any deviation over the property lines will be approved as a proper encroachment. Their Specs in their Construction Specifications require that the contractor cannot start construction until he gets a certification from a licensed surveyor stating that the building is within the proper limits. Penney Company did encroach over their property lines, and they cannot get the certification they need. Mr. Quinn requested authorization to execute Correction Deeds with the Penney Co., wi th the unders tanding that any increased encroachment wi 11 be pai d for by the Penney Company. After discussion, the following resolution was introduced: RESOLUTION NO. 2486 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE CORRECTION DEEDS IN CONNECTION WITH THE UPHAM DEVELOPMENT PARCEL, R-79 WHEREAS, certain encroachments have evolved regarding the lot size, as related to the building size of the Upham Development Parcel; and ~ - WHEREAS, the certain encroachments were deemed to be allowable as decorative pro- trusion under the terms of the Reciprocal Easement Agreement; and WHEREAS, certain problems have arisen regarding these encroachments as they per- tain to certain certifications imposed on their contractor and surveyor; and WHEREAS, the Ag~ncy is~greeable to execute the neccessary documents to assure the correction cfl\this problem, and to sell the necessary additional land to the Upham Trust as deemed necessar~. 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 the necessary documents to alleviate and correct the existing problem. Adopted: 1-20-72 Motion was made by McDaniel and seconded by Jamison authorizing the adoption of Reso- lution No. 2486, authorizing the execution of Correction Deeds in connection with'the J. C. Penney Co.; further that any substantial encroachments must be brought back to the Board for approval. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Gutierrez and Dudley Noes: None Abstention: None Absent: Dud1 ey -. - 1929 ,... USE OF THE MALL PARKING AREA - PARADISE VALLEY MODEL "A" CLUB: \.... A letter was presented from Paradise Valley Model A Club requesting use of the mall parking area on April 9th, with a rain date of April 16th. Mr. Quinn stated that they must also contact the Harris Company, in that the Harris Company is leasing this area from the Agency. After discussion, motion was made by Jamison and seconded by McDaniel authorizing the use of the mall parking area on April 9th, with a rain date of April 16th, by Paradise Valley Model A Club, subject to con- currence by the Harris Company. The motion was carried by the following vote, to wit: Ayes: Jamison, McDaniel, Gutierrez and Webster Noes: None Abstention: None Absent: Dudley OTHER BUSINESS: Mr. McDaniel requested a workshop meeting to discuss Central City North. Mr. Quinn stated that he would set up a meeting on this matter in the near future. Mr. Jamison requested information on the parking structures, in regards to free and controlled parking. Mr. Quinn explained that it seems more desirable to have the parking in the commercial area free with no parking time limits or controls. The five level must have some control and the matter is being carefully studied. ADJOURNMENT: ",.. Motion was made by Jamison and seconded by Gutierrez to adjourn the meeting at 5:35 p.m. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: Dudley ...... / ".... ....... """"",-~..""i-'~._,"",~!I<"""'~~'~"'-'''''''-''>'''"''''_''''_~~.f<'~,,~'''''- ,.----- "-:-~-''!.'''''~- 1930 THE MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 3RD DAY OF FEBRUARY, 1972, 320 NORTH "E" STREET, ROOM 403, SAN BERNARDINO, CALI FORNIA ~ - The Chairman called the meeting to order at 4:12 p.m. Roll Call showed the following: Agency Members Present: Webster, Gutierrez, Jamison, and McDaniel Agency Members Absent: Dudley Also Present: Mr. Quinn, Executive Director; Mr. Flory, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of January 20, 1972 were submitted for approval. Motion was made by Gutierrez and seconded by McDaniel approving the Minutes as submitted. The motion was carried by the following vote, to wit: Ayes: -Gutierrez, McDaniel, Jamison, and Webster Noes: None Abstention: None Absent: Dudley REPORT OF AGENCY COUNSEL: Mr. Flory stated that he is still working with Mr. Varner on the Agency files. 4:20 p.m. - Mr. Dudley arrived at the meeting. ~ MANAGEMENT SERVICES CONTRACT - CALIFORNIA THEATER: Mr. Quinn explained the three minor changes in the proposed Management Services Contract to the Members. He stated that the Ci ty Admi ni stration has approved of this Contract. Mr. Swing, Attorney Civic Light Opera Association, stated that he has not had a chance to discuss these changes with his Board of Directors, and requested the matter be tabled until they have reviewed it properly. - After much discussion and careful review, motion was made by Jamison and seconded by McDaniel tabling the matter of the Management Services Contract until the next regular meeting. The motion was carried by the following vote, to wit: Ayes: Jamison, McDaniel, Dudley, Gutierrez and Webster Noes: None Abstention: None Absen t: None USE OF THE MALL - LATIN AMERICAN WOMEN'S LEAGUE, MAY 13, 1972: Mr. Quinn presented a letter from the Latin American Women's League, requesting the use of the Mallon May 13, 1972 for a scholarship dance. Motion was made by Dudley and seconded by Jamison authorizing the use of the mall on May 13, 1972 to the Latin American Women1s League. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, McDaniel, Gutierrez and Webster Noes: None Abstention: None Absent: None TIME EXTENSION - FONTANA PAVING: ........ Mr. Quinn explained that Fontana Paving has requested a time extension of five days due to the Teamster's Union Strike. The Operations Department has recommended an extension of three days. The strike started on November 22, 1971 and ended on November 24, 1971. After discussion, the following resolution was introduced: - J 1 -n rmlfl~m 1931 -..... RESOLUTION NO. 2487 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING CHANGE ORDER NO. FOUR FOR SITE PREPARATION UNIT ll-A, R-10 AND CHANGE ORDER NO. SEVEN FOR SITE PREPARATION UNIT 11 , R-79, FOR TIME EXTENSION OF THREE DAYS "... WHEREAS, Fontana Paving, Inc. entered into Contract with this Agency for Unit 11, R-79 and Unit 11-A, R-10; and WHEREAS, due to the Teamster's Strike the Contractor has requested an additional five days to be added to their Contract; and WHEREAS, this Agency concurs in their request that Fontana Paving, Inc. be authorized a time extension of three days only; and ,.... WHEREAS, new Contract expiration date is now set at January 17, 1972. NOW, THEREFORE BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardi no, Ca1 i forni a that the Chai rman and Secretary be authori zed to enter into Change Order No.4 for Unit 11-A, R-10 and Change Order No.7 for Unit 11, R-79 for an extension of contract for three days extending contract expiration date until January 17,1972. Adopted: 2-3-72 .... Motion was made by Jamison and seconded by McDaniel authori zing the Resolution No. 2487. The motion was carried by the following vote, Ayes: Jamison, McDaniel, Dudley, Gutierrez and Webster Noes: None None Absent: None adopti on of to wi t: Abstenti on: CARPET FOR NEW CITY HALL OFFICES: Mr. Webster requested that this item be tabled until it could be discussed with City Administration. Motion was made by McDaniel and seconded by Jamison tabling the matter of carpet for the new City Hall offices until a later date. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Dudl ey, Guti errez and Webster Noes: None Abs tenti on: None Absent: None TEMPORARY PAVING FOR ENTRANCE, 3-LEVEL PARKING STRUCTURE: Mr. Quinn requested authorization to expend approximately $734 for temporary paving for entrances of 3-level parking structure. In this way the public can utilize the parking sapces on the 2nd and 3rd levels. The City Street Department will do the work. After discussion, the following resolution was introduced: iI....r RESOLUTION NO. 2488 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CITY STREET DEPARTMENT TO INSTALL TEMPORARY ASPHALT PAV- ING FOR A SUM NOT TO EXCEED $733.50 "... ':1 . ...-<t~. Ii'._>;~'~_l#\-,'t :W. :1L.I,'I,fi>,',(' ]~~ ;"'_'--..~"_'''A',''',''''~""'4:'"''~'''-'''';';',_,~",_'"",,,,,~,,,,,,,>,,,,,,,,~~_,,,,,,~',;i'~'_""''''"~'_'~~'''~''''''''_~_~"",".."__.;.~-""",....,,., ~. .\. L .Il. 1932 WHEREAS, the site work north of the Penney Company main store and west of the 3-1eve1 parking structure is scheduled to be completed just before Penney Company opens. It is anticipated that the 3-Leve1 Parking Structure will be completed by Ma rch 1 5, 1972 ; an d WHEREAS, in order to utilize the parking spaces on the second and third level, temporary asphalt should be installed beginning at the entrance of IIFII Street to the second and third level entrance to the 3-Level Parking Structure; and WHEREAS, this temporary paving would have to be approximately one inch thick and 30 feet wi de for two 1 anes of traffi c comi ng off II FII Street and wi den out 50 feet for three lanes at the entrance to the parking structure for a total of 6,384 square feet; and WHEREAS, Mr. Merle Cornielson, City of San Bernardino Street Department has agreed to perform said work for a sum not to exceed the amount of $733.50; and WHEREAS, this temporary paving should be completed within the next 30 days in order to open the parking structure when completed for public parking; and WHEREAS, said sum of $733.50 will be paid to the City of San Bernardino by a Purchase Order from this Agency. NOW, THEREFORE, BE IT RESOLVED that the Chairman and Secretary be authorized to instruct the City of San Bernardino Street Department to commence work on the temporary paving on IIFII Street for a cost not to exceed $733.50 to be paid by Purchase Order when work is completed. Adopted: 2-3-72 Motion was made by Jamison and seconded by McDaniel authorizing the adoption of Resolution No. 2488. The motion was carried by the following vote, to wit: Ayes: Jamison, McDaniel, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None EMPLOYEE VACATION POLICIES: Mr. Quinn stated that the City of San Bernardino has revised their Employee Vacation Policy, whereby after completion of six years of service and up to and including fifteen years, employees shall be allowed fifteen working days vacation per year. After completion of sixteen years, twenty working days will be allowed. Mr. Quinn requested authorization to amend the Agency's present vacation policy to coincide wi th the Ci ty · s . Mr. McDaniel stated that he has reviewed the policy and it would be his recommendation that the Agency's policy remain on a comparable status with the City Employees schedule. Mr. Webster stated that Mr. McDaniel has accepted the position of re- viewing personnel matters and making recommendations for the Agency Board. After discussion, the following resolution was introduced: ~ - ........ - -. - < ~~nr-==",..<~,"~.o"..",,,:.,,,,",,,,,,,==z-==-.,...,,,,..,,-,,,,_.."-="C~~=='_''''. ..-j 1933 "- RESOLUTION NO. 2489 -- /(~;.) (!~.~"Q-J -&1- 3 4'09 p-L/-77 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISH- ING VACATION POLICY I""'" ...., RESOLVED: The Redevelopment Agency of the City of San Bernardino hereby adopts the following policy with respect to paid vacations for its' employees: 1. Every employee of the Redevelopment Agency of the City of San Bernardino shall be allowed a paid vacation as follows: a. After the completion of one year of continuous full time employment with the Redevelopment Agency of the City of San Bernardino, and therafter up to and in- cluding five years of continuous full time employment, every employee shall be allowed eighty (80) working hours vacation with pay per year. Vacation shall accrue at the rate of 6.40 hours per month, and shall not exceed eighty (80) working hours in any year. b. After the completion of six years of continuous full time employment with the Redevelopment Agency of the City of San Bernardino, and thereafter up to and in- cluding fifteen years of continuous full time employ- ment, every employee shall be allowed one-hundred-twenty (120) working hours vacation with p~y per year. Vacation shall accrue at the rate of ten (10) working hours per month, and shall not exceed one-hundred-twenty (120) working hours in anyone year. c. After completion of sixteen years of continuous full time employment with the Redevelopment Agency of the City of San Bernardino, and thereafter, every employee shall be allowed one-hundred-sixty (160) hours vacation with pay per year. Vacation shall accrue at the rate of 13.30 working hours per month and shall not exceed one-hundred-six~y hours in anyone year. "..., d. Vacation may accrue and accumulate to a maximum of two years total accumulated vacation credits on a carryover basis from year to year. Vacations or portions thereof from anyone year so accrued may run consecutively with vacations or portions thereof of the next succeeding year, with the approval and consent of the department head con- cerned. ,.... 2. Compensation for the above vacation other than payment for earned vacation at time of termination of employment shall be for the amount normally earned for regular assigned working time, other than overtime. 3. Wherever the terms "year or years of employment" appear herein, it shall be deemed to include all service for the Redevelopment Agency of the City of San Bernardino. .-..., ~ r l~'. - .li, ,':', -: t: - tw"",_,~~~,,,, "" ';"~""-",'H"e_""~<_"'i<;i~J ,....-"'"'~"'-'"' :\l.t !It:. ,"".'_.._~,,--.,. ~ .-- ........>~:."''''' -fir 1934 4. Employees shall not be permitted to work in their position in lieu of taking vacations in order to receive additional compensation from the Redevelop- ment Agency of the City of San Bernardino. 5. Personal leave up to a maximum of twenty-four (24) hours per year may be utilized when approved by the employee's department head and charged at the employee's discretion against any accrued time to which the employee may have a currently vested right, such as compensatory tirre off or vacation, or against any accrued sick leave. .liliiii\ - 6. When a holiday, as specified in accordance with the policy adopted by the Agency at its' regular meeting on July 20 ~ 1967 by Resolution 523 as amended by Resolution 2472, occurs within the vacation of an employee, then such employee shall receive an additional day of vacation with pay. 7. When an employee resigns or otherwise leaves the service of the Redevelop- ment Agency of the City of San Bernardino and has not had his earned vacation since his last anniversary date, then payment shall be made to the employee for the earned portion of his vacation. 8. Calculation of payment for earned vacation, or deduction of unearned vacation upon termination, shall be made on the basis of the annual salary of such employee. The annual salary shall be computed at twelve (12) times the monthly rate for monthly employees; 261 times the established daily rate for 5-day week employees; 313 tirres the established daily rate for 6-day week em- ployees. The annual salary dividied by the number of earned or unearned ___ vacation days will result in the amount to be paid respectively for earned vacation due the employee or for unearned vacation due the Redevelopment Agency of the City of San Bernardino by the employee. _ 9. When an employee returns to work after a break in continuous service, and when such break in continuous service shall have been by leave of absence with the approval of the Redevelopment Agency of the City of San Bernardino, vacation tirre shall accrue monthly from the date of return to service from such approved leave of absence. based upon the total length of service of the officer and/or employee. 10. This resolution supercedes Resolution 524, as amended by Resolution 814 and they are hereby rescinded. RESOLVED, FURTHER: This resolution shall be effective as of February 3, 1972. Motion was made by McDaniel and seconded by Jamison authorizing the adoption of Resolution No. 2489. The motion was carried by the fOllowing vote, to wit: Ayes: McDaniel, Jamison, Gutierrez, Dudley and Webster Noes: None Abstention: None Absent: None REQUEST FROM EXCHANGE CLUB OF UPTOWN SAN BERNARDINO: A request was presented from the Exchange Club of Uptown San Bernardino to locate and install in the Mall the exhibit "Freedom Shrine", which includes The Mayflower Contract, The Declaration of Independence, The Gettysburg Address, etc. Motion was made by Jamison and seconded by Dudley accepting with thanks the offer of ~ ...", 1935 "- the Exchange Club of Uptown San Bernardino to locate and install a "Freedom Shrine" in the Central City Mall. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: None "... ADJOURNMENT: Motion was made by Jamison and seconded by McDaniel to adjourn the meeting at 4:50 p.m. The motion was carried by the following vote, to wit: Ayes: Jamison, McDaniel, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None "..., /' ..... ". --- "-'"""'''"'''''';-''''.'''.'''~'''''_'~'''''>-,,""-,<'''"<<'#~~,*",'- 1936 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 17TH DAY OF FEBRUARY, 1972, 320 NORTH IIEII 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, Jamison, Dudley and Gutierrez Agency Members Absent: McDaniel Also Present: Mr. Quinn, Executive Director; Mr. Flory, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of February 3,1972 were submitted for approval. Motion was made by Jamison and seconded by Dudley approving the Minutes of February 3, 1972 as submitted. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: McDani el EXPENDITURES: The Expenditures for the month of January, 1972 were submitted for approval. Motion was made by Jamison and seconded by Gutierrez approving the Expenditures for the month of January, 1972 as submitted. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Dudley and Webster Noes: None Abstention: None Absent: McDaniel ~ - REPORT OF AGENCY COUNSEL: Mr. Flory reported that he has received from the Arbritration Association a list of prospective arbritrators and available dates regarding the Diffenbaugh-Tabor matter. He further stated that he has received an additional 25 files from Mr. Varner regard- ing Agency matters. 4:10 p.m. - Mr. McDaniel arrived. MANAGEMENT SERVICES CONTRACT - CALIFORNIA THEATER: Mr. Swing, CLO Attorney, submitted a list ofnroposed changes to the Management Ser- vices contract to the members. Each change was fully discussed and considered. Mr. Webster stated that the latest draft of the Contract has been approved by the City. He suggested that this matter be tabled until a meeting can be held between all parties to negotiate these changes, and submit any agreed upon changes to the City for their approval. Motion was made by Jamison and seconded by McDaniel tabling this matter until the next Regular Meeting. The motion was carried by the follow- ing vote, to wit: Ayes: Jamison, McDaniel, Gutierrez, Dudley and Webster Noes: None Abstention: None Absent: None ~ UCB - DEVELOPMENT 3RD AND 111)11 STREETS: Mr. Quinn explained that the property at the corner of 3rd and 11011 Streets is under disposition agreement to United California Bank. United California Bank desires to - ,... tr L... r- I ~ r- ~; ...... _'_"'M_'."'<'''_...._'...'''_~__., , 1937 transfer this agreement to Vanir Tower Company, a joint venture comprised of Frank Dominguez, Oscar Obst, and Corwin Booth, Architect. United California Bank will become a tenant in this building. A rendering of the 8-story Vanir Tower was presented and reviewed. The architects stated that construction is estimated to start within 60-90 days after approval, with construction to be compl eted 9-12 months thereafter. . Mr. Quinn explairted that Vanir has requested authorization to construct a vehicular passageway that will connect their ground level with the second level of the parking structure. This will be done entirely at their own expense. They have agreed to sacrifice any parking spaces rendered useless because of this connection. They were advised that this would have to be acceptable by the City as well as the Agency. Their building is approximately 20,000 sq. ft. larger than that proposed by United California Bank. They would like consideration for additional parking spaces due to this increase in square footage. Because one wall of their building will abutt against the five level parking structure and become a part of the structure, this wall will need.to be con- structed as a fire-wall. The building department has concurred in this de- cision. The fire wall will be built at no expense to the Agency. They have also requested that favorable consideration be given to the installation of an underground vault, which will encroach upon Agency property. Agency members agreed provided this vault will not disturb the esthetic appearance of the Agency property. All conditions were fully discussed and agreed upon. The Members stated that on the United California Bank purchase, Frank Dominguez was granted a finders fee. Mr. Dominguez stated that he now waives any right to a finders fee on this development. The following resolution was introduced: RESOLUTION NO. 2490 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE TRANSFER OF SALE OF PROPERTY AT 3RD AND "0" STREETS, A PORTION OF REUSE PARCELS 49 & 50, CALIF. R-79, FROM UNITED CALIFORNIA BANK TO VANIR TOWER COMPANY WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, has by Resolution No. 2405 committed Building Site "0", a portion of Reuse Parcels 49 and 50, Calif. R-79, to the United California Bank; and WHEREAS, now it is desired by both parties that the development of said parcel be assigned to Vanir Tower Company, being comprised of Frank Dominguez, Oscar Obst, and Corwin Booth, Architect; and WHEREAS, Vanir Tower Company will develop said property, as an eight-story office building, and the United California Bank will become a leasee in said building; and """''''''"'''''''..,,'''''.....,~"''''''''...__.~''''~,''''''r>1<''""''''..t.i ... -"-><+'-~'" 1938 WHEREAS, conditions of the transfer are: (1) Escrow to close within 90 days; (2) Construction to begin within 30 days from close of escrow; and (3) Con- struction to be completed within 12 months; and WHEREAS, because Mr. Dominguez's position has changed from Real Estate Broker to that of a developer, he has waived the Broker's Commission in this trans- action. -, -...Ii NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Ageney of the City of San Bernardino, California, that the transfer from the United California Bank to Vanir Tower Company is approved subject to the conditions set forth above. Adopted: 2-17-72 Motion was made by Jamison and seconded by McDaniel authorizing the adoption of Resolution No. 2490. The motion was carried by the following vote, to wit: Ayes: Jamison, McDaniel, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None 5:10 p.m. - The Chairman adjourned the meeting for an Executive Session. Mr. Flory stated that the Executive Session was called in accordance with law. 5:20 p.m. - The Chairman reconvened the meeting. DISPOSITION - WEST END: Mr. McDaniel stated that in light of information received at the Executive Session, and upon no fault of the buyer, Central City Company, he would move to postpone this matter until the next Regular Meeting and instruct the Executive Director to discuss the matter further with Central City Company. After brief discussion, the motion was seconded by Dudley and carried by the following vote, to wit: Ayes: McDaniel, Dudley, Jamison, Gutierrez and Webster Noes: None Abstention: None Absent: None ...., I ....J CENTRAL CITY COMPANY - MALL ENTRANCE REVISION: Mr. Jim Alderson, Central City Company, was presented to the Members. Mr. Alderson stated that they have a proposed tenant for the northwest corner of the mall (Build- ing Site B). The proposed development is for a 4-plex theater, seating approxi- mately 800 people. Accordi ng to code, each theater must have two exi sts. Theycan meet this requirement in all theaters except the one nearest the utility-storage area in the northwest arcade. They are requesting authorization to construct a public exit through this storage area. This exit has been approved by the City Building Department. The mddification will be made at no expense to the Agency. After discussion, the fOllowing resolution was introduced: RESOLUTION NO. 2491 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CENTRAL CITY COMPANY TO CONSTRUCT A PUBLIC EXIT THROUGH THE STORAGE AREA IN THE NORTHWEST ARCADE AT NO EXPENSE TO THE AGENCY .., J ....,.J 1939 [ WHEREAS, Mr. Jim. Alderson representing the Central City Company stated that they have a proposed tenant for the northwest corner of the Mall, (Building Site B); and WHEREAS, the proposed development is for a four p1e< theatre seating approximately 800 people; and WHEREAS, according to Code, each theatre must have two exits. The Central City Company can meet this requirement in all theatres except the one nearest the util i ty storage area in the northwes t arcade; and WHEREAS, Central City Company requests authorization to construct a public exit through this storage area. Said exit has been approved by the City Building Department. Said modification will be made at no expense to this Agency. NOW, THEREFORE, BE IT RESOLVED that the Central City Company be given authorization to construct a public exit through the storage area in the northwest arcade at no expense to this Agency. Adopted: 2-17-72 r l.. Motion was made by Dudley and seconded by Jamison authorizing the adoption of Resolution No. 2491. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Gutierrez, McDaniel, and Webster Noes: None Abstention: None Absent: None AGENCY SALARY INCREASES: Mr. McDaniel presented the following resolution: RESOLUTION NO. 2492 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALI FORNIA, AMENDING RESOLUTION NO.. 2465, PER- TAINING TO COMPENSATION OF VARIOUS OFFICERS AND EMPLOYEES THEREOF WHEREAS, on November 18,1971, by Resolution No. 2465, the Redevelopment Agency of the City of San Bernardino, California, established and adopted revised basic compensation schedules for its officers and employees; and WHEREAS, Resolution No. 2465 became effective on the first day of the first pay period subsequent to the termination of the Federally imposed wage-pri ce freeze; and r- II ... WHEREAS, through negotiation with the Federal Wage-Price Panel, the revised basic compensation schedules for Agency officers and employees were authorized to be retroactively paid to July 1, 1971. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that Section 5, of Resolution No. 2465 is rescinded and the following substitution therefore: ..... ~.. .~.'::m&',IlO",,~;~~~-_jlrUi._lif! .WWIJ. J rUE ""'.l"_"""",.",;j;;;..-;-a;r;:,f'_",~~,,"___~"'W'~~iilifj(l..;"_ln J4h;7ITjljiW'~' _ l"ll ~r~<:r=~ i.rT~~r/VmV'\i;~F;;;';::'-;-"-~ 1939 "Section 5. In accordance with the decision of the Federal Wage-Price Panel of January 2.1, 1972 and February 1, 1972, this resolution becomes effective July 1, 1971." ~ Adopted: 2-17-72 -...; Motion was made by Dudley and seconded by Jamison authorizing the adoption of Resolution No. 2492. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Gutierrez, Jamison and Webster Noes: None Abstention: None Absent: None NEHRO MEMBERSHIP DUES: An Invoice from the National Association of Housing and Redevelopment Officials was presented to the Members for Membership dues for the year ending April 1973, in the amount of $1,000. After discussion, the following resolution was intro- duced: RESOLUTION NO. 2493 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF $1,000 FOR NAHRO MEMBERSHIP DUES FOR THE YEAR ENDING APRIL 1973 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 1973. NOW, THEREFORE BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the expenditure of $1,000 for NAHRO Membership dues for the year endi ng April 1973 is hereby approved. Adopted: 2-17-72 ..., ......r Motion was made by Jamison and seconded by Gutierrez authorizing the adoption of Resolution No. 2.493. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Dudley, McDaniel and Webster Noes: None Abstention: None Absent: None INTERSTATE 15 EAST: A resolution was presented to the Members from Inland Action, Inc., in support of upgrading Route 395 through San Bernardino.and Riverside, and designating U. S. Route 395 as Interstate 15 East. Mr. Quinn explained the proposed freeway layout to the Members, and recommended that the Agency adopt a resolution to the same effect. The following resolution was introduced: RESOLUTION NO. 2494 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, REQUESTING THE DISTRICT AND STATE DIVISION OF HIGHWAYS AND THE DEPARTMENT OF PUBLIC WORKS TO DESIGNATE U. S. ROUTE 395 AS "INTERSTATE 15 EASr'; AND TO UP-GRADE U. S. ROUTE 395 THROUGH SAN BERNARDINO AND RIVERSIDE, THENCE SOUTH TO TEMECULA WITHIN THE TIME FRAME OF CONSTRUCTING ROUTES 71/31 AS INTERSTATE 15 ~ ..." - 1940 r ff L. WHEREAS, the Federal Highway Administration has approved a combination of U. S. Route 395 and California State Highway Routes 71 and 31 as the alignment for development of the future Interstate 15 Freeway in Riverside and San Bernardino Counties; and WHEREAS, the Director of Public Works recommended to the Highway Commission improvement of U. S. Route 395 between Temecula and Devore to interstate or near interstate standards as much as possible within the time frame of the construction of the State Route 71/31 corridor; and WHEREAS, the Director of Public Works recommended to the Federal Highway Admini- stration that Route 395, although not financed by interstate funds, continue to be eligible for Federal funds and be given the "highest" priority for construction to interstate standards; and "... ! WHEREAS, the Director of Public Works indicated U. S. Route 395 would be identified to the public as an interstate highway by signing it with the red, blue and white interstate sheilds; and WHEREAS, the Director of Public Works assured that freeway development of present Route 395 will continue to receive the highest priority and indicated that the existing expressway portions will all probably be converted to freeway status by the late 1970's; and WHEREAS, the accomplishment of the aforementioned objectives are vital to the economic base of the cities aligned along Route 395; and WHEREAS, the up-gradi ng of Route 395 through San Bernardi no will el imi nate the left hand on and off ramps, and improve the socio-economic welfare of the west end of the City of San Bernardino; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the District and State Division of Highways and the Director of Public Works of the State of California designate Route 395 as "Interstate 15 East" maintaining its national indentity as its previous and future service to the public; and BE IT FURTHER RESOLVED that the upgrading of Route 395 be accomplished concurrently with the construction of U. S. Routes 71/31 to interstate standards. '- Adopted: 2-18-72 Motion was made by McDaniel and seconded by Jamison authorizing the adoption of Resolution No. 2494. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None NEW CITY HALL OFFICES - CARPETING: ,... ....... Mr. Quinn requested authorization to have carpeting installed in the Agency's new offices in the new City Hall in place of the tile. The maintenance factor and appearance were discussed. Mr. Quinn explained that the Water Department, which will be located on the same floor is going to carpet their entire office area. The City has agreed to give the Agency a credit of $675 for the deletion of the tile and a $100 credit for the carpet included for the Executive Director's office. -'G;.:;",~jM~",,~.iii:;:;;;~~~~-;';".'. ..~JI.L.._I _~ Jl-~J-"T .,'. ~, ... i6TiI/l<'~~~:j,Ji:l~f~M-1'lJ___~,~_,","",,,"~-~i"'-CC;--'-~~~>-'-" ",-_._-~-~~'::;~:;;.c*',;r~~!\iA_ "'f^:I' _"'ilfq~lZ~ 1li~~r-1liiiilrW_~ _A _.. ,,-:- ,W"i/' ~~T~"":P::':'~----- 1941 Bids for carpeting were submitted to the Members. All Members desired to see sampl es of the di fferent types of carpets in order that they coul d judge the bes t sui ted for the Agency's needs. Motion was made by Dudley and seconded by Jamison authorizing the substitution of carpet in place of tile in the Agency.s new offices in the new City Hall. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: None LANDSCAPING CONTRACT - PUBLIC AREAS: Mr. Quinn explained that bids were opened for Landscaping of the Public Areas on February 15th. The low bid was received from Stanton Nurseries in the amount of $89,777. Mr. Flory examined the bid and stated that it was in proper order. The following resolution was introduced: RESOLUTION NO. 2495 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRE- TARY TO ENTER INTO CONTRACT WITH STANTON NURSERIES, INC. FOR LANDSCAPING TREATMENT AROUND EXISTING CITY HALL AND EXHIBIT HALL BUILDINqS, SITE PREPARJ\TION UNIT 12, PHASE III, 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 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 ex- ecution of the Central City Project, Calif. R-79; and WHEREAS, the Agency invited competitive sealed bids for landscaping treatment around existing City Hall and Exhibit Hall bUildings, which include earth work, irrigation system, planting and electrical work and other required supplemental work for 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 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 Stanton Nurseries, Inc. in the amount of $89,777.00; and WHEREAS, the Redevelopment Agency of the City of San Bernardino has accepted the bid for Stanton Nurseries, Inc. as it is in the best interest of the 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 Stanton Nurseries, Inc. in the amount of Eighty Nine Thousand, Seven Hundred Seventy Seven and no/100 dollars ($89,777.00) be hereby accepted and the Chairman and Secretary are authorized to execute the Contract for Site Preparation Unit 12, Phase III, Calif. R-79 on behalf of the Agency. Adopted: 2-17-72 ~ ......J ~ , - ..., ...." lJ:.~jr _ 1I{1I .. I!L~". 1942 [ Moti on was made by Jami son and seconded by Guti errez authori zi ng the adopti on of Resolution No. 2495. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Dudley, McDaniel and Webster Noes: None Abstention: None Absent: None SIGN ENCROACHMENT - WELLS FARGO: Mr. Quinn explained that one of the conditions in the Agency's Declaration of Conditions and Restrictions, signed by all developers, is that there will be a 50' set back. Wells Fargo is requesting authorization to install a sign which will encroach slightly over this 50' requirement. The City has approved of this installation and has granted them a License and Ag.reement which authorizes this to be done, upon Agency approval. After discussion, motion was made by Jamison and seconded by McDaniel authorizing the installation of a sign for Wells Fargo Bank which will encroach upon the Agency's 50' set back requirement, and authorizing the execution of a License and Agreement allowing said installation. The motion was carried by the following vote, to wit: Ayes: Jamison, McDaniel. Gutierrez, Dudley and Webster Noes: None Abstention: None Absent: None NAHRO, SOUTHWEST REGIONAL CONFERENCE, MAY 20-23, 1972, LAS VEGAS: Authori zation was requested to authori ze attendance at the Southwes t Regi onal Conference, May 20-23, 1972, in Las Vegas. Mr. Quinn explained that the budget has approved of two staff and two Agency Board Members, or a maximum of four people to attend. After discussion, the following resolution was introduced: r '-- RESOLUTION NO. 2496 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING TWO STAFF MEMBERS AND ANY INTERESTED BOARD MEMBER TO ATTEND THE SOUTHWEST REGIONAL CONFERENCE, NAHRO, MAY 20-23, 1972, LAS VEGAS, NEVADA 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, 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 in- teres ted Board Member to travel to Las Vegas, Nevada, to attend NAHRO' s Southwes t Regional Conference, to be held May 20-23, 1972. NOW, THEREFORE BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that the travel of not more than two staff members and any interested Board Member to Las Vegas, Nevada, to attend NAHRO's Southwest Regional Conference, to be held May 20-23, 1972, and their travel expenses are hereby authorized in accordance with Resolution No. 2043, as amended. Adopted: 2-17-72 r L Motion was made by Jamison and seconded by Dudley authorizing the adoption of Resolution No. 2496. The mOtion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: None J:O ~n r .~. .-_-~;l,'J;~""'ii;;;~ - -:-~- -RTf nJif<i _ 1 filiI.,. IillJ~V::B -:t_:un r~'~,"",~~''''~~':-\!--"---~f:-f'?!i1l4-'f:"~tll!,'_-~-~~rt_.''jiM\-:rlili~11!KT[:- - if::t~ .._.U Fe, ~Tf~ _ '_ 011, ,U:I ,-:-0 JJf'_:---.'"",~"c- 1943 NAHRO, HALF-DAY CONFERENCE, SAN DIEGO, FEBRUARY 27, 1972: .-.-. Authorization was requested for attendance at the Half-Day Conference in San Diego, February 27, 1972. The following resolution was introduced: .......J RESOLUTION NO. 2497 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING TWO STAFF MEMBERS AND ANY INTERESTED BOARD MEMBER TO ATTEND THE HALF-DAY CONFERENCE, SAN DIEGO, CALIFORNIA, FEBRUARY 27, 1972 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, 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 attend NARRO's Half-Day Conference, in San Diego, February 27, 1972. 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 NAHRO's Half-Day Conference, in San Diego, February 27, 1972 is hereby approved, and their travel expenses are hereby authorized in accordance with Resolution No. 2043 as amended. ~ Adopted:. 2 -17 -72 ...-. Motion was made by McDaniel and seconded by Dudley authorizing the adoption of Resolution No. 2497. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Gutierrez, Jamison and Webster Noes: None Abstention: None Absent: None PARK IMPROVEMENTS - MEADOWBROOK & BLAIR PARKS: Mr. Quinn stated that the City of San Bernardino has requested that the Agency adopt a resolution providing for the installation and construction of Public improvements within and without the Meadowbrook & Central City Projects, and declaring that such improvements are mutually beneficial to both project areas. The City has a similar resolution on its' Agenda for Tuesday consenting to the expenditure of funds by our Agency for this purpose. Mr. Quinn explained the public improvements proposed. After discussion, the following resolution was introduced: RESOLUTION NO. 2498 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE INSTALLATION AND CONSTRUCTION OF PUBLIC IMPROVEMENTS WITHIN AND WITHOUT OF DESIGNATED PROJECT BOUNDARIES OF ~ REDEVELOPMENT PROJECTS CALIF. R-79 AND CALIF. R-10, AND FINDING, DE- TERMINING, AND DECLARING THAT SUCH IMPROVEMENTS ARE MUTUALLY BENEFICIAL ~ TO BOTH AFOREMENTIONED PROJECT AREAS *1' ..Ii!- _ _~ _ n ! ~ __ _l"~':J"lj_~_~~ 1944 [ [ WHEREAS, on June 23, 1952, the Mayor and Common Council, by Resolution No. 2361, did create the Redevelopment Agency of the City of San Bernardino, California; and WHEREAS, on August 13, 1956, the Mayor and Common Council, by Resolution No. 4100, did authorize the filing of an application for Federal assistance in carrying out the redevelopment processes in a designated Redevelopment Project Area, more commonly known as Calif. R-10. Meadowbrook Project; and WHEREAS, on September 3,1963, the Mayor and Common Council, by Resolution No. 6894, did authorize the filing of an application for Federal assistance in carry- ing out the redevelopment processes in a designated Redevelopment Project area, more commonly known as Calif. R-79, Central City Project; and WHEREAS, Section 33445 of the California Health and Safety Code provides that a Redevelopment Agency, at the request of and with the consent of a legislative body, may pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure, or other improvement which is publicly owned either within or without a project area upon determination that such buildings, facilities, structures, or other improvements are of benefit to the project area; and WHEREAS, it has been determined by the Mayor and Common Council that the costs of installation and construction of any building, facility, structure, or other improvement to be constructed or reconstructed by the Redevelopment Agency of the City of San Bernardino will be at no expense to the City of San Bernardino and shall be borne entirely by the Redevelopment Agency of the City of San Bernardi no; and WHEREAS, it has been found and determi ned by the Mayor and Common Counci 1 that the installation and construction of buildings, facilities, structures, or other improvements both within and without of the respective redevelopment Project Areas of Calif. R-79 and Calif. R-10 are of mutual benefit to each of the redevelopment Project Areas; and WHEREAS, the City of San Bernardino, has requested the Redevelopment Agency to purchase, install, and construct buildings, facilities, structures, and other public improvements which have been determined to be of mutual benefit to Calif. R-79 and Calif. R-10 and which purchase, construction, and installation have additionally been of benefit to the citizens of San Bernardino; and WHEREAS, it has been found and determined by the Governing Body of the Redevelop- ment Agency of the City of San Bernardino that the installation and construction of buildings, facilities, structures, or other public improvements both within and without of the respective redevelopment Project Areas of Calif. R-79 and Calif. R-10 are of mutual benefit to each of the respective redevelopment pro- ject areas. [ NOW, THEREFORE BE IT RESOLVED: That the Redevelopment Agency of the City of San Bernardino, California, hereby finds and determines that the expenditure of funds by the Redevelopment Agency to pay all or part of the value of land for the cost of the installation and construction of any building, facility, structure, or other improvement which is publicly owned either within or without of a redevelop- ment project area is made with the full realization that such buildings, facilities structures, or other improvements are of mutual benefit to Projects Calif. R-79 and Calif. R-10 Adopted: 2-17-72 '''''1~'i~,~*"",;.,,,,,<;;,,,,..,'''''i ,....""1:'?<!i~~.~jjjjif:r:w!ll;~ ~iJi ~r rr',J-~1I .',il;t<&""=:="'"",",=-~~"."o1;:"iX"i'",;;;."",,~,,:~'''TI~'fj'~~, , Wlil~~~~C'flfl. . r;:r .1J11T]JilJ;:lAfIil!ijf'R~ -~~,Ijf,-;X~i:i;""~',;-" 1945 Moti on was made by Dudl ey and seconded by Guti errez authori zjng the adopti on of Resolution No. 2498. The motion was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, McDaniel, Jamison and Webster Noes: None Abstention: None Absent: None ~ ........, MINI-MALL SALE TO CITY: Mr. Quinn explained that when we built the Mini-Mall we required the contractor to agree to re-purchase the Mini-Mall for $1.00 per square foot. The City has ex- pressed a desire to purchase the Mini-Mall for $20,000 and move it at no cost to the Agency. The Contractor has agreed" to thi s purchase. The s chedul ed date of move is August. After discussion, the following resolution was introduced: RESOLUTION NO. 2499 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AGREEING TO THE SALE OF THE MINI-MALL TO THE CITY OF SAN BERNARDINO FOR AN AMOUNT OF $20,000 WHEREAS, the Redevelopment Agency of the City of San Bernardino entered into contract with Gerald L. Miller, dba Panel Systems, for the construction of the Mini-Mall within the Central City Project; and WHEREAS, under said Contract, the Contractor was required to agree to re- purchase the building, upon completion of occupancy, at a minimum of $1.00 per square foot; and ...., WHEREAS, the City of San Bernardino desires to purchase the Mini-Mall build- ings at a price of $20,000 and relocate it at their own expense; and WHEREAS, the Contractor has agreed to this purchase by the City of San Ber- nardino. --' NOW, THEREFORE BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the sale of the Mini-Mall buildings by the City of San Bernardino for an amount of $20,000 is hereby approved. Adopted: 2-17-72 Motion was made by McDaniel and seconded by Jamison authorizing the adoption of Reso- lution No. 2499. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: None BOARD ROOM MODIFICATIONS - NEW CITY HALL: Mr. Qui nn reques ted authori zati on to have the Agency Board Room in the new Ci ty Hall increased by relocating the east wall approximately four feet to the east. Burke Construction Company has agreed to accomplish this work for approximately $1,414. The City will have this work done under their construction contract with Burke, and the Agency will reimburse them for the work. There will be no time extension for this wnrk. After discussion, the following resolution was introduced: -, -.J 1946 ,,- ~: RESOLUTION NO. 2500 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING PAYMENT TO THE CITY OF SAN BERNARDINO, CALIFORNIA FOR RELOCATION OF EAST WALL LOCATED WITHIN THE NEW CITY HALL L.. WHEREAS, it is the desire of the Redevelopment Agency to relocate the east wall of the Agency Conference Room approximately four feet to the east; and WHEREAS, Armstrong-Ulmer, AlA will issue a Change Order to Burke Construction Co., Inc. to perform said modification for a sum of $1,414.63; and WHEREAS, there will be no time extension extended to W. J. Burke's Contract; and WHEREAS, said Redevelopment Agency will reimburse the City of San Bernardino for funds expended. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino be hereby authorized to reimburse the City of San Bernardino for modifications within the new City Hall Building a sum not to exceed $1,414.63. Adopted: 2-17-72 r L Motion was made by Jamison and seconded by Gutierrez authorizing the adoption of Resolution No. 2500. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierre~; McDaniel and Webster Noes: None Abstention: None Absent: None ADJOURNMENT: Motion was made by Dudley and seconded by McDaniel to adjourn the meeting at 6:25 p.m. The motion was carried by the following vote, to wit: Ayes: Dudley, McDaniel, Gutierrez, Jamison and Webster Noes: None Abstention: None Absent: None r- r \.... C::J;~.j.,;o~~~~~",7~~riJ<tf~~~"JSl:_~ -ii, r::xJ~~li:j_~_lT__7"7"~ rn ~,~'''''_W_,"~~;q,~;;~-~:iif~[I!lio>_-O:;.. ~ r 11' < ~ -ji:ii.[{' ~T~~~~!~~,~..:;7~::;:C~-,,.-- 1947 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 2ND DAY OF MARCH, 1972, 320 NORTH "E" STREET, SAN BERNARDINO, CALIFORNIA ~ - The Chairman called the meeting to order at 4:05 p.m. Roll Call showed the following: Agency Members Present: McDaniel, Dudley, Gutierrez and Webster Agency Members Absent: Jamison Also Present: Mr. Quinn, Executive Director; Mr. Flory, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of February 17, 1972 were submitted for approval. Motion was made by McDaniel and seconded by Dudley approving the Minutes of February 17, 1972 as submitted. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: Jamison REPORT OF AGENCY COUNSEL: Mr. Flory stated that Mr. Varner has advised him that he instructed his secretary to transmit all Agency files to Mr. Flory, and had assumed that this had been done. Mr. Quinn stated that all the files have not been received. ~ MANAGEMENT SERVICES CONTRACT - CALIFORNIA THEATRE: ......,; Mr. Quinn stated that he has received the Annual Audit of the Civic Light Opera from Mr. Swing, Attorney CLO. Mr. Quinn stated that Paragraph 12, Parking, of the Management Services Contract, has been changed. The words "at the sole cost of Association" have been changed to "without cost to the Agency". He further stated that Paragraph 27, Schedule, has been changed by omitting the word "annual", and replacing it with the word Ifisca1". These are the only two changes to the latest draft of this contract. Mr. Swing stated that the only section in the draft agreement that might cause any concern to the CLO Board is under Paragraph 8, Alterations, wherein it is stated that "any and all improvements and fixtures shall become a part of the realty and belong to the Agency pursuant to a bill of sale for same executed and del i vered concurrently herewith. II Thi s paragraph was fully di scussed. After further discussion and careful review, the following resolution was introduced: 'RESOLUTION NO. 2501 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE APPROVAL OF THE MANAGEMENT SERVICES CONTRACT AND INSTRUCTING THE CHAIRMAN AND SECRETARY TO EXECUTE SAME ~ --' JL .~ 1948 r L WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, has acquired certain real property in the City of San Bernardino, known as the California Theatre, pursuant to Resolution No. 10663 of the Mayor and Common Council of the City of San Bernardino; and WHEREAS, the Agency acquired said property for use as a municipal auditorium and for related public uses, including appropriate civic, cultural and educational activities; and [ WHEREAS, the San Bernardino Civic Light Opera Association has not only owned but operated all facilities located on said real property in the past and is deemed to have the necessary management capabilities to continue such operation and use consistent with requirements of the Redevelopment Agency; and WHEREAS, a Management Services Contract has been prepared for execution by and between the Redevelopment Agency and the San-Bernardino Civic Light Opera Asso- ciation for the proper management of the California Theater; and WHEREAS, the Agency Members have reviewed said Contract and have approved the final draft as presented at the Board Meeting of March 2, 1972. 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 a Management Services Contract, by and between the Redevelopment Agency of the City of San Bernardino and the San Bernardino Civic Light Opera Association, for the management of the California Theatre. Adopted: 3-2 -72 Motion was made by Dudley and seconded by McDaniel authorizing the, adoption of Resolution No. 2501 approving the final draft of the Management Services Contract. The motion was carried by the following vote, to wit: Ayes: Dudley, McDaniel, Gutierrez and Webster Noes:None Abstention: None Absent: Jamison PUBLICATION BY ROD WOLFE: r L Mr. Rod Wolfe was presented to the Board. Mr. Wolfe stated that he has left San Bernardino Publishing Company and now is self employed, operating under the fictitious name to liTo Market To Market". He stated that he desires to publish, liThe City on the Move". He will not copy-right the pUblication and requests authorization to use Agency material and renderings to be reproduced for this publication. In Mr. Wolfe's letter to the Agency, he states that the editorial and advertising context shall have the complete and final approval of the Redevelopment Agency. Mr. Webster stated that if this is stated in the publication, it could be construed as the Agency's endorsement of the publication, and as a public body he did not feel the Agency should agree to this provision. He stated that the Agency would like the opportunity to informally review the contents before publication, but that it should not be used as part of the publication. All members agreed. - ~~~~",,~..;u~:Ji:'-_ TlL,'fu. ":liTT~-lj!~:r~RJr '"Ie t'e -TJj JF:0(jf~___IWH --,~---.,,-~:;w-~ 'l'l1i!f(\lIii _ Mi!iiflirJllilili_ .- T ~[I7iv"IT - 1TF - j' ~lWf~,~;",:"J- 1949 The members asked for a letter stated that the book would not be copyrighted. Mr. ..., Wolfe stated that he would provide such a letter. ........., After further discussion, motion was made by Gutierrez and seconded by McDaniel authorizing the Executive Director to provide material and renderings to Mr. Wolfe for reproduction, in the publication IICity on the Movell, upon receipt of a letter from Mr. Wolfe that his publication will not be copyrighted, with the provision that the Agency will have the opportunity to informally review the contents before publication. Motion was carried by the following vote, to wit: Ayes: Gutierrez, McDaniel, Dudley and Webster Noes: None Abstention: None Absent: Jami son DISPOSITION WEST END: Mr. Quinn stated that several meetings have been held between Central City Company, the Agency and AmericanSecuri ty Bank. The Bank now des ires, in the future, to propose the purchase of a portion of land in the west end for the development of American Security Bank. They had previously discussed having Central City Company develop the structure and becoming a tenant. Mr. Shriver, Central City Company, explained their proposed development of a portion of Reuse Parcels 32, 33 and 34, consisting of an automobile club, dental lab, restaurant, and a service station. The total investment will be approximately $1,000,000. If approved, escrow will close within 60 days, and construction to start 30 days thereafter. ...., } After careful review, the following resolution was introduced: ....J RESOLUTION NO. 2502 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE PROPOSED DEVELOPMENT OF CENTRAL CITY COMPANY FOR A PORTION OF PROPERTY IN THE WEST END OF THE CENTRAL CITY PROJECT AND SCHEDULING A PUBLIC HEARING FOR THE NEXT REGULAR MEETING WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to sell property located in its Central City Project, Calif. R-79, to qualified redevelopers to develop the land in accordance with the Redevelopment Plan thereof; and WHEREAS, the Redevelopment Agency of the City of San Bernardino, has recei ved an Offer to Purchase a portion of Reuse Parcels 32, 33 and 34, Calif. R-79, which is located in the west end of the Central City Project. NOW, THEREFORE BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, dec~ares its intention to sell a portion of Reuse Parcels 32, 33 and 34, Calif. R-79, to the Central City Company. BE IT FURTHER RESOLVED that the disposition of said parcels to said redeveloper is in the best interest of the Central City Project and the Redevelopment Agency; and that the Agency is authorized to publish the IIRedeveloper's Statement for Public Disclosure~ and Notice of Public Hearing. Said Public Hearing to be held at the next Regular Board Meeting. -., , ......" Adopted: 3-2-72 "J l J~W-~::F" . Tn J 1950 ".... Motion was made by McDaniel and seconded by Gutierrez authorizing the adoption of Resolution No. 2502. The motion was carried by the following vote, to wit: Ayes: McDaniel, Gutierrez, Dudley and Webster Noes: None Abstention: None Absent: Jamison f' ~ Mr. Shriver stated that the determined location for the Central City pylon sign is within the parking area proposed for the development of the automobile club. It is requested that this sign location be moved to the northwest corner outside their property line, approximately 200' north of 2nd Street. Mr. Quinn stated that the location of the sign has been agreed to by all parties of the REA Agreement. In order to have this location changed, the authorization of all parties is needed. Motion was made by McDaniel and seconded by Dudley instructing the Executive Director to negotiate with the parties of the REA Agreement for the relocation of the Pylong Sign. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: Jamison Mr. Joe Baker, Sun Telegram, requested a copy of the Public Disclosure Statement of the Central City Company, for this sale. Mr. Webster stated that it would be supplied him when received by the Agency, and his request would be made part of the record. CARPETING, NEW CITY HALL OFFICES: ,.... ...... A memorandum was presented to the Members setting forth the different types of carpeting and their costs to the Members. Samples of the carpets were shown to the members. After discussion, the members determined that Color No. 2703, Rustic Height, from Floods Floor Company, should be installed in the offices in the new City Hall. The following resolution was introduced: RESOLUTION NO. 2503 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO A CONTRACT WITH FLOOD'S FLOOR COMPANY FOR THE INSTALLATION OF CARPETING FOR THE AGENCY OFFICES LOCATED WITHIN THE NEW CITY HALL BUILDING, 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 America providing for financial aid to the Agency for its Central City Project, Calif. R-79, under Title I of the Housing Act of 1949, as amended and pursuant to that Contract, the Agency is undertaking certain activities necessary for the execution of the Central City Project No.1, Calif. R-79; and WHEREAS, it is the desire of this Agency to install carpeting in the Agency Offices located in the new City Hall Building; and WHEREAS, a number of proposals were received by the Agency to install and furnish said carpeting; and '--' 1951 WHEREAS, it has been determined that the area to be covered will be approximately 350 square yards; and WHEREAS, Flood's Floor Company submitted a proposal for 25 ounce Jorges Berspective II Nylon with Bruns10n at $9.94 per square yard plus tax, Color ,chosm by the Agency Board of Directors, No. 2703, Rustic Height; and WHEREAS, the Redevelopment Agency Board of Directors accepted said proposal for an amount not to exceed $9.94 per square yard plus tax; and WHEREAS, credit for tile and carpet for Mr. Quinn's office would be applied to any price range that should be acceptable to the Board. Therefore, the total amount would be reduced by approximately $900.00, which is the total credit for deletion of tile and carpet. ~ - NOW, THEREFORE BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, that the Chairman and Secretary be hereby authorized to enter into Contract with F1ood~s Floor Company to install carpeting in the Agency Offices located within the new City Hall Building for an amount not to exceed $9.94 per square yard plus tax for approximately 350 square yards of carpeting. Adopted: 3-2-72 Motion was made by Gutierrez and seconded by Dudley authorizing the adoption of Resolution No. 2503. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Dudley, McDaniel and Webster Noes: None Abstention: None Absent: Jamison ~ SALE OF A PORTION OF REUSE PARCEL 44, CALIF. R-10, GARNER, TEE, TRACADAS & TROY: - Mr. Quinn explained that the City Water Department does not desire to purchase this portion of Reuse Parcel 44, Calif. R-10. Garner, Tee, Tracadas & Troy do desire to purchase this property. After discussion, the following resolution was introduced: RESOLUTION NO. 2504 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, EXPRESSING ITS INTENTION TO ACCEPT THE OFFER TO PURCHASE A PORTION OF REUSE PARCEL 44, R-10, FROM GARNER, TEE, TRACADAS & TROY, AND SCHEDULING A PUBLIC HEARING ON SAID DISPOSITION FOR THE NEXT REGULAR BOARD MEET- ING WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to sell property located in its Meadowbrook Project, Calif. R-10, to qualified redevelopers to develop the land in accordance with the Redevelop- ment P1 an therefor; and WHEREAS, the Redevelopment Agency has received an Offer to Purchase from Garner, Tee, Gracadas & Troy, for the Purchase of a portion of Reuse Parcel 44, Calif. --- R-10. ~ 1--- 1952 "... h ~; '-- NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, declares its intention to sell a portion of Reuse Parcel 44, Calif. R-10, to Garner, Tee, Tracadas & Troy. 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 IIRedeveloper's Statement for Public Disclosurell and Notice of Public Hearing. Said Public Hearing to be held at the next Regular Board Meeting. Adopted: 3-2-72 Motion was made by McDaniel and seconded by Dudley authorizing the adoption of Resolution No. 2504. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: Jamison CERTIFICATE OF COMPLIANCE, REUSE PARCEL 55b, R-10: -..... Mr. Quinn presented a request from Mr. Abdun-Nur, Desert Provisions, for a Certificate of Compliance, in spite of the fact that Phase II of his project is not complete. The original Phase II as proposed in March of 1968 shows a build- ing of approximately 15,120 square feet. A revised plan was submitted on April 21, 1970 showing a building of 2400 square feet. Mr. Abdun-Nur states that it is not feasible for him to complete Phase II at this time; however, he plans to complete it at a later date. The purpose for the Certificate is to secure financing on his project. Mr. Flory stated that if the Agency gives Mr. Abdun-Nur a Certificate of Compliance, and he does not complete the development, the Agency cannot do anything about it. Mr. Webster stated that at the time of purchase of this parcel, another developer also desired to purchase the land. The Agency reviewed the matter and determined that Desert Provisions would develop the land to the best use. All members desired Mr. Abdun-Nur's presence to discuss this matter further. Motion was made by Dudley and seconded by McDaniel to table this matter until Mr. Abdun-Nur can be present for discussion. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: Jamison ".. AUTHORIZATION TO OPEN BANK ACCOUNT - STATE COLLEGE PROJECT: Mr. Quinn explained that the Agency has received $13,141.95 in Tax Increment money on the College Park Project. Authorization was requested to open a bank account at the Bank of California for these funds. After discussion, the following resolution was introduced: RESOLUTION NO. 2505 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING BANK ACCOUNT WITH THE BANK OF CALIFORNIA TO BE DESIGNATED IICOLLEGE PARK REDEVELOP- MENT FUND CHECKING ACCOUNTII "... '-- 1953 WHEREAS, the Redevelopment Agency of the City of San Bernardino has received tax increment funds on the College Park Project; and WHEREAS, it is deemed advisable to open a new account for funds for this project area. ..... - NOW, THEREFORE BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized on behalf of the Agency to open a new account with the Bank of California, to be designated "Co11ege Park Redevelopment Fund Checking Account". Adopted: 3-2-72 Motion was made by Dudley and seconded by Gutierrez authorizing the adoption of Resolution No. 2505. The motion was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: Jamison FIFTH ARROWHEAD ALLIED ARTS FESTIVAL: A letter was presented to the Members from the Fifth Arrowhead Allied Arts Festival requesting the use of the mall from April 28, 1972 to May 7, 1972. Mr. Quinn explained that they will supply the necessary insurance and clean-up. Motion was made by Guti errez and seconded by McDani el authori zing the use of the mall April 28, 1972 to May 7, 1972 by the Fifth Arrowhead Allied Arts Festival. The motion was carried by the following vote, to wit: Ayes: Gutierrez, McDaniel, Dudley, and Webster Noes: None Abstention: None Absent: Jamison lI!IIIIlll CALIFORNIA HIGHWAY COMMISSION MEETING, APRIL 18, 1972, INTERSTATE 15: -..- Mr. Quinn explained that there will be a meeting April 18, 1972 in Sacramento regarding Interstate 15. He requested authorization for not more than two staff members and any interested Board Members to be able to attend. The following resolution was introduced: RESOLUTION NO. 2506 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING NO MORE THAN TWO STAFF AND ANY INTERESTED BOARD MEMBERS TO ATTEND THE CALIFORNIA HIGHWAY COMMISSION MEETING, APRIL 18, 1972, SACRAMENTO, CALI FORN IA 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, California, April 18, 1972 to attend the California Highway Commission Meeting. ... 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, California, April 18, 1972, to attend the California Highway Commission Meeting is hereby approved, and - 1954 ",... \- their travel expenses are authorized in accordance with Resolution No. 2043 as amended. Adopted: 3-2-72 Motion was made by McDaniel and seconded by Gutierrez authorizing the adoption of Resolution No. 2506. The motion was carried by the following vote, to wit: Ayes: McDaniel, Gutierrez, Dudley and Webster Noes: None Abstention: None Absent: Jamison SAN BERNARDINO CIVIC FINE ARTS COMMISSION: Mr. Webster presented a letter from the San Bernardino Civic Fine Arts Commission requesting recognition from the Agency of the Selection Committee and its functions. A list of the committee members was attached. The letter stated that the Commission was organized upon approval of the Agency in April 1971 of the raising of funds for the installation of the programmed motion fountain in the "E" Street Court. After disucssion, Mr. Webster requested tabling this matter until the Agency can obtain further information regarding this commission. Motion was made by McDaniel and seconded by Gutierrez tabling this matter until the next Regular Meeting. The motion was carried by the following vote, to wit: Ayes: Gutierrez, McDaniel, Dudley, and Webster Noes: None Abstention: None Absent: Jamison ""... INCREASE UPSET FIGURE KRUEPER ENGINEERING~ DONOVAN CONTRACT: '-- Mr. Quinn requested authorization to increase Krueper Engineering's contract by $2,700 due to the time extension granted to Donovan Construction Company of an additional 24 days. After discussion, the following resolution was introduced: RESOLUTION NO. 2507 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT NO. 2 FOR RESIDENT CONSTRUCTION SUPERVISION INSPECTION SERVICES, UNIT 14, 3-LEVEL PARKING STRUCTURE AND UNIT 15, 5-LEVEL PARKING STRUCTURE, CENTRAL CITY PROJECT NO.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 Contract Amendment No.1 dated November 23,1971; and WHEREAS, Donovan Construction Company, Contractor, has been awarded a time extens i on; 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 -.... .".""'",....,....';~~,.~'."'" .Ill: - ,,.fllr> lI.,Jrr 1955 WHEREAS, due to the time extension for Donovan Construction it has become necessary to execute Contract Amendment No.2; 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.2 with Krueper Engineering & Associates for Inspection Services for an additional fee not to exceed the sum of $2,700 Contract limit not to exceed $59,115.00. BE IT FURTHER RESOLVED that the Contract expiration date is now set for March 21, 1972. Adopted: 3-2-72 Motion was made by Dudley and seconded by Gutierrez authorizing the adoption of Resolution No. 2507. The motion was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: Jamison INVESTMENT & MANAGEMENT IN LOW MODERATE HOUSING CONFERENCE, PASADENA, MARCH 9-10, 1972: Mr. Quinn requested authorization for two staff members and any interested Board Members to attend the Investment & Management in Low Moderate Housing Conference to be held March 9-10, 1972 in Pasadena. The following resolution was introduced: ~ -- RESOLUTION NO. 2508 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING NOT MORE THAN TWO STAFF MEMBERS AND ANY INTERESTED BOARD MEMBERS TO TRAVEL TO PASADENA, MARCH 9-10, 1972, TO ATTEND AN INVESTMENT & MANAGE- MENT IN LOW-MODERATE HOUSING 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 Pasadena, March 9-10, 1972, to attend an Investment and Management in Low-Moderate Housing 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 Pasadena, March 9-10, 1972, to attend an Investment and Management in Low-Moderate Housing Conference, is hereby approved, and their travel expenses are authorized in accordance with Reso- lution No. 2043, as amended. - .....~ Adopted: 3-2-72 1956 ....... Motion was made by Dudley, and seconded by Gutierrez authorizing the adoption of Resolution No. 2508. The motion was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: Jamison "..,. OTHER BUSINESS: ""... Mr. Webster urged all Board Members to attend the Public Hearing at the Counsel Chambers this Monday, March 6th, regarding Interstate 15. Mr. Quinn stated that at a future Board Meeting a request will be presented from Wells Fargo Bank for the issuance of a Certificate of Compliance. At the time of this request, Wells Fargo will still have their temporary facility open and operating, with the intent that they will obtain the Certificate of Compliance on a Thursday, and move over the week-end into their new development. A deed will be authorized from Wells Fargo to their subsidiary. Mr. Quinn stated that he is sure they will comply. Mr. Quinn stated that the Management Services Contract with the Civic Light Opera Association for the California Theatre has not been executed. They have been retaining all those funds collected from charges for use of the theatre. The Agency has been collecting the funds from the rentals. Our net income has been approximately $4,500. Their audit states that their net income is approximately $3,000. The Agency and CLO must decide if they want the Management Services Contract to become retroactive. Mr. Flory stated that he and Mr. Quinn would discuss this matter with the appropriate people from the CLO. ....... ADJOURNMENT: Moti on was 5:45 p.m. Gutierrez, Jamison made by Gutierrez and seconded by Dudley adjourning the meeting at The motion was carried by the following vote, to wit: Ayes: Dudley, McDaniel and Webster Noes: None Abstention: None Absent: ,.. -- ...,;~;;c,-;;"',;.,.;;;~,."",,..:lii"";;;:'~-""-":-":"'J.'i 't~il'iI'~j'_, 'ij.l\':'I....t ~~")Ii 'I ". *' 'Wi ~'" ,- J:;/.'I' ~~ !-i",.,.;.,.~;~,~"'- .'-~ "",.,.-,.; 1957 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 20TH DAY OF MARCH, 1972, 320 NORTH IIEII STREET, ROOM 403, SAN BERNARDINO, CALIFORNIA ~ '--' The Chairman called the meeting to order at 1:30 p.m. Roll Call showed the following: Agency Members Present: Jamison, McDaniel, Gutierrez and Webster Agency Members Absent: Dudley Also Present: Mr. Quinn, Executive Director; Mr. Flory, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of March 2, 1972 were submitted for approval. Motion was made by McDaniel and seconded by Gutierrez approving the Minutes as submitted. The motion was carried by the following vote, to wit: Ayes: McDaniel, Gutierrez, Jamison and Webster Noes: None Abstention: NOne Absent: Dudley Mr. Jamison requested that we inquire of Mr. Wolfe his means of financing the publication IICity on the Movell, at the time of infonnal review of the publication. All members agreed. EXPENDITURES: ~ The Expenditures for the month of February, 1972 were submitted for approval. Motion was made by Jamison and seconded by McDaniel approving the Expenditures as submitted. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Gutierrez and Webster Noes: None Abstention: None Absent: Dudley ....., REPORT OF AGENCY COUNSEL: Mr. Flory stated that a list has been sent to Mr. Varner noting the files still outstanding. Mr. Varner informed Mr. Flory that he believed the Agency had all the necessary files but would review it further. PUBLIC HEARING, CENTRAL CITY COMPANY, WESTERN SECTOR, CALIF. R-79: The Chairman opened the Public Hearing on the sale of a portion of Reuse Parcels 32, 33 & 34 (Western Sector) to the Central City Company. Mr. Tom Schriber ex- plained the proposed development to all present. It was determined that if approved, escrow would close in 60 days and construction start 60 days thereafter. There being no objections to the proposed sale, the Public Hearing on this matter was closed. 1:50 p.m. - Mr. Dudley arrived at the meeting. PUBLIC HEARING, GARNER, TEE, TRACADAS & TROY, PORTION OF REUSE 44, CALIF. R-10: ....... The Chairman opened the Public Hearing on the proposed sale of a portion of Re- use Parcel No. 44, Calif. R-10, to Garner, Tee, Tracadas & Troy. There being no objections to said sale, after discussion, the public hearing was closed. ..-' ~. T~t. 1958 r- ( L. NAHRO RENEWAL WORKSHOP, WASHINGTON, D. C., MARCH 22-24,1972: The following resolution was introduced: RESOLUTION NO. 2509 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN, SECRETARY, AND W. R. HOLCOMB, MAYOR OF THE CITY OF SAN BERNARDINO, TO ATTEND THE NAHRO RENEWAL WORKSHOP, MARCH 22-24, WASHINGTON, D. C. WHEREAS, Resolution No. 2043 of the Redevelopment Agency of the City of San Bernardino, California, requires that each trip made outside of the City of San Bernardino be specifically authorized by a Resolution of the Agency Members; and ,... ~ \.... WHEREAS, it is found essential for the Chairman, Secretary and W. R. Holcomb, Mayor of the City of San Bernardino, to attend the NAHRO Renewal Workshop, to be held March 22-24, 1972, Washington, D. C. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the Ci ty of San Bernardino, California, that the travel of the Chairman, Secretary and Mayor W. R. Holcomb to Washington, D. C., March 22-24, 1972, to attend the NAHRO Renewal Workshop, is hereby approved; and their travel expenses are authorized in accordance with Resolution No. 2043, as amended. Adopted: 3-20-72 Motion was made by Dudley and seconded by Jamison authorizing adoption of Resolution No. 2509. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: None DISPOSITION OF PORTION OF REUSE PARCELS 32, 33 & 34 (WESTERN SECTOR): The following resolution was introduced: RESOLUTION NO. 2510 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING EXECUTION OF DISPOSITiON AGREEMENT AND RELATED DOCUMENTS FOR THE SALE OF PORTION OF REUSE PARCELS 32, 33 & 34, CALIF. R-79, TO CENTRAL CITY COMPANY [ WHEREAS, the Redevelopment Agency of the City of San Bernardino, California declares its intention to dispose of a portion of Reuse Parcels 32, 33 and 34, Calif. R-79, to Central City Company; and WHEREAS, public disclosure of the Agency's intention to sell said parcel to said Redeveloper was made in accordance with RHA 7214.1, Chapter 4, Section 4; and WHEREAS, a Public Hearing regarding the proposed disposal of said parcel to said Redeveloper was held March '20,1972, in accordance with RHA 7214.1, Chapter 4, Section 4. ."""",..-...;.__""*"''"",.;,...+,;;;,,,:,.,,"''''';:.;;;;;;,,.-' ~ iT -to] ifll-lfi~ t~"~tM.-~ TIJJ!!a1i' "~ -TIlJf: .1 -'"~~_~,-~I.~c~"~.,;.0';,W"7:;.:;:,~-.;;c-,~T,,!",.""~J;-..ji;~~~.niliiaT[-1 TMilU _B:ll00C' ffii!iliJ..l'<iJr~r-,n, LJ'NilW- - _1li(',-~Jj;,;"..~~-,-.;-;- 1959 NOW THEREFORE BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to enter into a Disposition Agreement and execute related documents for the sale of portion of Reuse Parcels 32, 33 and 34, Calif. R-79, to Central City Company. Adopted: 3-2e-72 ..., ! i , - Motion was made by Dudley and seconded by Jamison authorizing the adoption of Resolution No. 2510. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: None AUTHORIZATION FOR APPLICATION FOR STATE COLLEGE PROJECT: Mr. Quinn requested authorization to submit an application to the Federal Government for a Neighborhood Development Program in the State College Project Area. He explained that the program would consist of rehabilitation loans or grants, street improvements, etc. The area involved was discussed. It will be a three year program of $750,000 per annum, with the local share picked up by non-cash credits. Mr. Dudley stated that he and two other members of the Board sat in on a briefing on this proposed application and would therefore introduce the following resolution: RESOLUTION NO. 2511 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE FILING OF A NEIGHBORHOOD DEVELOPMENT PROGRAM APPLICATION , , -..II WHEREAS, it is necessary and in the public interest that the Redevelopment Agency of the City of San Bernardino avail itself of the financial assistance provided by Title I of the Housing Act of 1949, as amended, to commence a Neighborhood Development Program in the Urban Renewal Area described on Annex No.1, hereinafter referred to as the "Program"; and WHEREAS, it is recognized that the Federal contract for such financial assistance pursuant to said Title I will impose certain obligations and responsibilities upon the Local Public Agency and will require among other things (1) the provisions of local grants-in-aid; (2) a feasible method for the relocation of individuals and families displaced from the urban renewal area comprising the Program; and (3) other local obligations and responsibi- lities in connection with the undertaking and carrying out of the Program; and WHEREAS, Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin under any program or activity receiving Federal financial assistance, and Executive Order 11063 prohibits discrimination on basis of race, color, creed or national origin in sale, lease, or other disposition of residential property (including land intended for residential use) or in the use or occupancy thereof; and ~ ....,.j ",--- "!U ~ T_ _.. ,.... ft . ..... [ [ 1960 WHEREAS, in those areas where clearance is proposed, the objectives of the Program cannot be achieved through more extensive rehabilitation of the urban renewal area comprising the Program. NOW, THEREFORE, BE IT RESOLVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO: 1. That the United States of America and the Secretary of Housing and Urban Development, be and they hereby are, assured of full comp1 i ance by the Redevelopment Agency of the City of San Bernardino with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964 and applicable Executive Orders. 2. That an application on behalf of the Redevelopment Agency of the City of San Bernardino for a loan under Section 102 (a) of said Title I in the amount of $750,000 and for a program capital grant, a relocation grant, and a Federal grant for the making of a rehabilitation grant to the full amount available for undertaking and financing the first increment of such Program is hereby approved, and that the Executive Director is hereby authorized and di rected to execute and to file such applicati on with the Department of Housing and Urban Development, to provide such additional information and to furnish such documents as may be required in behalf of said Department, and to act as the authorized correspondent of the Redevelopment Agency. Adopted: 3-20-72 Motion was',made by Dudley and seconded by McDaniel authorizing the adoption of Resolution No. 2511. The motion was carried by the following vote, to wit: Ayes: Dudley, McDaniel, Gutierrez and Webster Noes: None Abstention: !I; Jamison Absent: None Mr. Jamison abstained from voting because he was unable to attend the briefing and did not fully understand the program. EXECUTION OF PROPOSED CONTRACT FOR TEMPORARY LOAN, DEFINITIVE LOAN & CAPITAL GRANT TO FINANCE NEIGHBORHOOD DEVELOPMENT PROGRAM: Mr. Quinn stated that the following resolution authorized the execution of the Neighborhood Development Program Contract, after the application has been fil ed : RESOLUTION NO. 2512 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING PROGRAM AND PRO- VIDING FOR THE EXECUTION OF A PROPOSED CONTRACT FOR A TEMPORARY LOAN, DEFINITIVE LOAN, AND A CAPITAL GRANT TO AID IN FINANCING NEIGHBORHOOD DEVELOPMENT PROGRAM WHEREAS, under Title I of the Housing Act of 1949, as amended and supplemented, the United States of America (herein called the "Government") has tendered to the Redevelopment Agency of the City of San Bernardino, (herein called the "Local Public Agency") a contract, hereinafter mentioned, to make a Program Temporary Loan, Definitive Loan, and a Capital Grant to the Local Public Agency to aid in financing a Neighborhood Development Program, designated as State College Program, in the urban renewal area or areas described therein; and II " 1 m. MllR!lII6'Ol V'. 'J~ it!'.:: '.0:' T"lf,.':;m;z;~" rr VI'H r' ,-1j;jWIA -;r_-"--~iIlkiIf'-,~~1iI-i:1jjjrr -#i'''''1''C ,~< 1961 WHEREAS, the Local Public Agency has given due consideration to said contract; and WHEREAS, the Local Public Agency is duly authorized, under and pursuant to the Constitution and laws of the State of California to undertake and carry out said program and execute contract; ...., ! I -- BE IT RESOLVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: Section 1. The contract between the Government and the Local Public Agency designated Neighborhood Development Program Master Agreement, and Neighborhood Development Program Funding Agreement, State College Program, under and subject to the provisions, terms and conditions of which, the Government would make a Program Temporary Loan, a Definitive Loan, and Capital Grant under Title I of the Housing Act of 1949, as amended and supplemented, to the Local Public Agency to ai d in financing desi gnated Project, si tuated in the Ci ty of San Bernardino, California, is hereby in all respects accepted, and the Chairman of the Board of the Local Public Agency and Secretary-Treasurer is authorized to attest and affix the seal of the Local Public Agency. Section 2. The Local Public Agency agrees to abide by all of the provisions, terms and conditions of said contract. Section 3. The Secretary-Treasurer of the Local Public Agency is hereby authorized and directed forthwith to send to the Department of Housing and Urban Development two certified copies of the proceedings of the Local Public Agency in connection with the adoption of this Resolution, together with two certified J". copies of this Resolution, and such further documents or proofs in connection '. with the acceptance of said contract as may be requested by the Government. Section 4. This Resolution shall take effect immediately. Adopted: 3-20-72 Motion was made by McDaniel and seconded by Gutierrez authorizing the adoption of Resolution No. 2512. The motion was carried by the following vote, to wit: Ayes: McDaniel, Gutierrez, Dudley and Webster Noes: None Abstention: Jamison Absent: None Mr. Jami son s ta ted that he has abs tai ned from this vote under the same conditions as the previous resolution. 2:25 p.m. - Mr. McDaniel was excused from the meeting CERTIFICATE OF COMPLIANCE, DESERT PROVISIONS, REUSE PARCEL 55B, R-10: Mr. Abdun-Nur, Desert Provisions, was introduced to the Board. Mr. Quinn explained that Mr. Abdun-Nur is requesting a Certificate of Compliance in spite of the fact that Phase II of his project is not complete. The original Phase II as proposed in March of 1968 shows a building of approximately 15,120 sq. ft. A revised plan was submitted in April 1970 showing a building of 2,400 sq. ft. Mr. Abdun-Nur has stated that it is not feasible for him to complete Phase II at this time, however, he plans to complete Phase II at a later date. The purpose of the Certificate is ~ to secure financing on this project. -..J rv-81.U .1_...,.,...", 1962 [ Mr. Flory stated that if a Certificate of Compliance is issued, the Agency would release all control on the development. The Members discussed a letter of intent to issue a Certificate of Compliance, upon completion of Phase II. This letter should enable financing to be secured. The Members discussed the matter and reviewed a plat map of the parcel. After discussion, it appeared that parking would be cut to an extreme if an additional development was placed on the parcel. All members felt that Mr. Abdun-Nur should consult the building department in regards to parking requirements, before this matter is resolved. Motion was made by Dudley and seconded by Gutierrez tabling this matter until the next Regular Meeting. The motion was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, Jamison and Webster Noes: None Abstention: None Absent: McDaniel DISPOSITION OF REUSE PARCEL 44, CALIF. R-10 (GARNER, TEE, TRACADAS & TROY): The following resolution was introduced: RESOLUTION NO. 2513 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING EXECUTION OF DISPOSITION AGREEMENT AND RELATED DOCUMENTS FOR THE SALE OF PORTION OF REUSE PARCEL 44, CALIF. R-10, TO PLAZA DE GRANADA [ WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, declares its intention to dispose of a portion of Reuse Parcel 44, Calif. R-10, to Plaza de Granada; and WHEREAS, public disclosure of the Agency1s intention to sell said parcel to said Redeveloper was made in accordance with RHA 7214.1, Chapter 4, Section 4; and WHEREAS, a Public Hearing regarding the proposed disposal of said parcel to said Redeveloper was held March 20,1972, in accordance with RHA 7214.1, Chapter 4, Section 4. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to enter into a Disposition Agreement and execute related documents for the sale of portion of Reuse Parcel 44, Calif. R-10, to Plaza de Granada. Adopted: 3-20-72 Motion was made by Jamison and seconded by Gutierrez authorizing the adoption of Resolution No. 2513. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Dudley and Webster Noes: None Abstention: None Absent: McDaniel . SAN BERNARDINO CIVIC FINE ARTS COMMISSION: [ Mr. Quinn explained that representatives of the San Bernardino Civic Fine Arts Commission have requested that this item be tabled until the next Board meeting. The Chairman ordered this item so tabled. 1...nm",[ nlJlllfllli In 11. ,1 I ,r"[JIlliJ:nllMl'Y 1f;:T::rJ ,. ;:r:'".-:''i\lJifiti'~~1A!'''''9ll-- --'-wq-J.0'f~~ii.Fr -Jj~ r ];1""'1'" r ,TT11I Plf''1lJ1i11fl rlf1fiN l~lir':'--'-jT'--i-';;":'- 1963 REVIEW OF PROGRESS BILLINGS - J. R. NARWITZ & CO.: Billings were submitted to the Members from the J. R. Narwitz & Co. pertaining to professional services and reimbursable expenses in connection with the pre- refunding bond issue in Central City. In accordance with their present contract, these are eligible expenses. The billings were reviewed carefully and discussed. Motion was made by Jamison and seconded by Gutierrez authorizing payment of bill- ings submitted by J. R. Narwitz & Co. in the amount of $888.41. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Dudley and Webster Noes: None Abstention: None Absent: McDaniel ..., 1 , I ....,J ADJOURNMENT: Motion was made by Jamison and seconded by Gutierrez adjourning the meeting at 2:50 p.m. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Dudley and Webster Noes: None Abstention: None Absent: McDaniel --------- "--- ~ - "'\f"' ..- :rr]~illR" ~" - --ll>~l4:iji,iaW'ii#_",:.,,,,- r L "... L [ -~'~"iI In ~.~ [ 1964 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CAlIFORNIA, HELD THE 6TH DAY OF APRIL, 1972, 320 NORTH "E" STREET, SAN BERNARDINO, CALIFORNIA The Chairman called the meeting to order at 4:10 p.m. Roll Call showed the following: Agency Members Present: Webster, Jamison, Dudley and McDaniel Agency Members Absent: Gutierrez and Blakely Also Present: Mr. Quinn, Executive Director; Mr. Flory, Agency Counsel; and Mrs. Baxter, Secretary MINUTES: The Minutes of the Adjourned Regular Meeting held March 20, 1972 were presented for approval. Motion was made by Jamison and seconded by McDaniel approving the Minutes of March 20, 1972 as submitted. The motion was carried by the following vote, to wit: Ayes: Jamison, McDaniel, Dudley and Webster Noes: None Abstention: None Absent: Gutierrez and Blakely REPORT OF AGENCY COUNSEL: Mr. Flory stated that he has received another stack of files from Mr. Varner. The file on the Sunset Hotel has not been received. WELLS FARGO BANK, CERTIFICATE OF COMPLIANCE: Mr. Quinn stated that Wells Fargo is requesting a Certificate of Compliance on Reuse Parcels 2, 3 & 4, R-10 and Reuse 2b, R-79. They have not moved out of their temporary structure yet, but plan to do so over the weekend of April 14-16. In order for their corporate structure to open for business they must have a transfer of ownership immediately prior to occupancy of their building. A letter was presented from Mr. Vincent Cauley, Vice President, stating that upon opening the new office, they will commence removal of the temporary office, which should be completed within 7 days. After further discussion, the following resolution was introduced: RESOLUTION NO. 2514 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING ISSUANCE OF REDEVELOPER'S CERTIFICATE OF COMPLIANCE TO WELLS FARGO BANK, REUSE PARCELS 2, 3, AND 4, CALIF. R-10, AND REUSE 2b, CALIF. R-79 WHEREAS, the Wells Fargo Bank, a National Banking Association, hereinafter called the Redeveloper, has entered into an Agreement and Grant Deed with the Redevelopment Agency of the City of San Bernardino; and no ~:W"'~'~'il"'f~.::,"'-.-_:::-c,:;;-'C;;::-:cT'-::4A;"lIiili"J,--=,",~Qjj---:-F'1T--':-:1N~l!Ii'U~ !Ii" _.'Ii _ ITf. .1l1~. - .. ~~~~.",-~"-.~i;:-'iW';'",:;;.;;J;-";;",,;;;'...~""'~'#''';''_,,;,,,:::_;....;--- . 1965 WHEREAS, said Agreement dated June 20, 1969 was recorded on July 1, 1970 in Book 7471 on page 948 and sai d Grant Deed dated April 24, 1970 was recorded on July 1, 1970 in Book 7472 on page 1; said Agreement dated September 18, 1968 was recorded on July 1,1970 in Book 7471 on page 881 and said Grant Deed dated April 24, 1970 was recorded on July 1, 1970 in Book 7471 on Page 938; and said Agreement dated June20, 1969 was recorded on July 1, 1970 in Book 7471 on page 811 and said Grant Deed dated April 24, 1970 was recorded on July 1, 1970 in Book 7471 on page 872, all in the Official Records of the County Recorder of the County of San Bernardino, State of California; and WHEREAS, in Section 3 of said Agreementsand in Section 4 of said Grant Deeds Redeveloper covenanted and agreed, to construct certai n 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 Agreements and in Section 5 of said Deeds to furnish the Redeveloper with an instrument certifying completion of said improvements in accordance with the provisions of said Grant Deeds upon Redeveloper's completion thereof; and WHEREAS, said property is described as Reuse Parcels 2, 3 and 4, Calif. R-10 and Reuse Parcel 2b, Calif. R-79. ~ ........,;I NOW, THEREFORE, BE IT RESOLVED in accordance with Section 4 of said Agreements and Section 5 of said Grant Deeds, 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 wi th respect to the obl i gation of Redevelopers for the construction of improvements and dates for the beginning and completion thereof, provided for in said Agreement and Grant Deed upon the hereinafter described real property. 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 behal f of the Agency to execute and have recorded wi th the County Recorder of the County of San Bernardino a IICertificate of Compliancell. ~ ~ I ......,; Adopted: 4-6-72 Motion was made by McDaniel and seconded by Jamison Resolution No. 2514. The motion was carried by the Jamison, Dudley, McDaniel and Webster Noes: None Blakely and Gutierrez authorizing the adoption of following vote, to wit: Ayes: Abstention: None Absent: DESERT PROVISIONS, CERTIFICATE OF COMPLIANCE: Mr. Webster stated that this item is being tabled at the request of Desert Provi s ions. SAN BERNARDINO CIVIC FINE ARTS COMMISSION: Mr. Charles Herbert, Civic Fine Arts Commission, was presented to the Members. Mr. Herbert stated that their commission was formed after approval from the Agency to raise funds for the IIFountain in Program Motionll. They have received $20,000 in pledges or cash. Their goal is $50,000. $35,000 is needed for the fountain and any remaining funds will be used toward the purchase of other pieces of fine art. ~ ......, r. " - ......~-~"'1j:.~~ ','-WilJ-fTT"ilir 1966 [ Mr. Herbert requested recognization from the Agency of their Commission to work as an advisory committee for the installation and selection of art within the Central City Project. A Selection Committee will be formed within their Commission, which will select pieces of fine art to be considered by the Agency. The Agency will still have the final determination on all pieces of art. After further discussion, motion was made by Dudley and seconded by Jamison recognizing the formation of the San Bernardino Civic Fine Arts Commission as an Advisory Committee for the installation and selection of pieces of fine art within the Central City Project. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, McDaniel and Webster Noes: None Abstention: None Absent: Gutierrez and Blakely HARRIS & FRANK, RELOCATION: Mr. Bernie Stelzer, Harris & Frank, was presented to the Members. Mr. Stelzer stated that he has received a letter from the Agency advising him that he must relocate by July 3, 1972, under the terms of his Rental Agreement. He requested authorization to remain in his location until no later than August 15th. By this time his building in the new Mall will be ready for occupancy. Mr. Quinn explained that Penney Company desires to start construction on their T.B.A. store and the site improvements within the area of the Mini-Mall. It is possible to move the Security Bank portion of this structure and remove the other portions at a later date. [ After discussion, motion was made by McDaniel and seconded by Dudley authorizing Harris & Frank to remain in the Mini-Mall to no later than August 15, 1972. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Jamison and Webster Noes: None Abstention: None Absent~ Gutierrez and Blakel LUKE AND VONDEY, RELOCATION: Mr. Virgil Luke was presented to the Members. Mr. Luke stated that he also has received a letter from the Agency advising him that he must relocate by July 3, 1972, under the terms of his Rental Agreement. Mr. Luke also requested authorization to remain in his location until August 15th. He explained to the Members the difficulty he has had trying to relocate in the new mall. He stated that he does not have a place to relocate and requests all the help possible to find a suitable location in the downtown area. After dis- cussion, motion was made by Jamison and seconded by McDaniel authorizing Luke & Vondey to remain in the Mini-Mall until August 15, 1972. The motion was carried by the following vote, to wit: Ayes: Jamison, McDaniel, Dudley and Webster Noes: None Abstention: None Absent: Gutierrez and Blakely SITE PREPARATION UNIT NO.9 (Mall Landscaping): [ Mr. Quinn explained that bids were opened for Site Preparation Unit No.9, Mall Landscaping. The low bid was received from Roy C. Barnett in the amount of $179,000, $4,000 of which is for landscaping of the planter in the "E" Street Court. This portion of the work must be done after Diffenbaugh, Harris Company Contractor, is out of the area. After discussion, the following resolution was introduced: II, ITn..u" TIIII"R II1Wi'i!TlIli~i1iKlJjilllnF~ Jl. 1967 RESOLUTION NO. 2515 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH ROY C. BARNETT, LANDSCAPE CONTRACTOR FOR SITE PREPARATION UNIT NO. 9, CENTRAL CITY PROJECT NO.1, CALIF. R-79 ~ J ...."J WHEREAS, the Agency has under date of March 21, 1967 entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its' Central City Project No.1, Calif. R-79 under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract, the Agency is undertaking certain activities necessary for the execution of the Central City Project, Calif. R-79; and WHEREAS, the Agency invited competitive sealed bids for landscaping work con- sisting of the installation of a complete irrigation system, fiberglass and con- crete planters, plant materials and landscape lighting for the public courts an d mall s; an d 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 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 Roy C. Barnett in the amount of $179,000.00 with $4,000.00 of said amount being an alternate deductible item for landscaping work in the "E" Street Court to be completed when the Harris Company Main Store remodeling was completed; and ~ f ......,J WHEREAS, the Contractor indicated that he would do the landscaping work in the "E" Street Court, which was the alternate bid of $4,000.00 and would coordinate with the arris Company contractor and complete said landscaping upon completion of the Harris Company Main Store remodeling and when so notified by this Agency; and WHEREAS, the anticipated completion date for Harris Company Main Store is October 1973; and WHEREAS, the Redevelopment Agency of the Ci ty of San Bernardino has accepted the bid of Roy C. Barnett Landscape Contractor as it is in the best interest of the Agency to accept said bid. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that subject to the approval of the contractor by the Department of Housing and Urban Development, the bid of Roy C. Barnett, Landscape Contractor in the amount of $179,000.00 be hereby accepted and the Chairman and Secretary be authorized to execute the Contract for Site Preparation Unit No. 9, Central City Project No.1, Calif. R-79. Adopted: 4-6-72 ....... .....", Jqi'-.m r I.. ',. ---:~~Oim'-_~.fL-"l IifRlHJI._-tl~---_,...i: [ [ r L. ,-:- _Ll,_ [Jlf". ,W:--T 1968 Motion was made by McDaniel and seconded by Dudley authorizing the adoption of Resolution No. 2515. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Jamison and Webster Noes: None Abstention: None Absent: Gutierrez and Blakely SITE PREPARATION UNIT NO.3, PHASE IV (Surface Parking & Landscaping): Mr. Quinn stated that bids were opened April 5, 1972 for Site Preparation Unit 3, Phase IV. The low bid was received from Riverside Construction Company in the amount of $977,500, $3,500 of which is for removal of the Mini-Mall slab. After discussion, the following resolution was introduced: RESOLUTION NO. 2516 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALI FORNIA AUTHORIZING THE CHAI RMAN AND SECRETARY TO ENTER INTO CONTRACT WITH HARMON & ASSOCIATES, INC. dba RIVERSIDE CONSTRUCTION COMPANY FOR SITE PREPARATION UNIT 3, PHASE IV, 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 America; providing for financial aid to the Agency for its' Central City Project No.1, Calif. R-79 under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract, the Agency is undertaking certain activities necessary for the execution of the Central City Project, Calif. R-79; and WHEREAS, the Agency invited competitive sealed bids for site preparation work surrounding the areas of the 3 and 5 level parking structures; 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 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 Harmon & Associates, Inc. dba Riverside Construction Company in the amount of $977,500.00; and WHEREAS, the Redevelopment Agency of the City of San Bernardino has accepted the bid of Harmon & Associates, Inc. dba Riverside Construction Company as it is in the best interest of the Agency to accept the bi d of thi s 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 & Urban Development, the bid of Harmon & Associates, Inc. dba Riverside Construction Company in the amount if $977,500.00 be hereby accepted and the Chairman and Secretary be authorizing the execute the Contract for Site Preparation Unit 3, Phase IV, Central City Project No.1, CAlif. R-79. Adopted: 4-6-72 ljjj Ii H III .Al;l," ~-- r, -TIt( If Jfm- t"~,..,,~,~, [II '-;~"':!l-~-:<;"'Jr-~~~fr'-"-r~-rjln~jrnj/(11i 1III.-'fliif+f1JII'Iml m._ If1=! 1969 Motion was made by Jamison and seconded by Dudley authorizing the adoption of Resolution NO. 2516. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, McDaniel and Webster Noes: None Abstention: None Absent: Gutierrez and Blakely .., -J REVIEW OF DONOVAN CONTRACT: Mr. Krueper, Inspector, was presented to the Members. Mr. Krueperstated that Donovan has not been performing his work on the parking structures in a satis- factory manner. Many of the unsatisfactory items were discussed. Donovan is aware of Krueper's dissatisfaction. Donovan has stated that the 3-level structure is complete. Mr. Krueper stated that it is structurally sound but there is much finish work that needs to be done or re-done. He stated that the Agency is in a situation now where it must exercise its authority to see that the work is done properly. All members agreed. Mr. Krueper stated that there is a clause in the Contract Documents whereby the Agency can terminate the contract if the work is not done properly. This section was read to the members. Mr. Flory stated that it might be better to exercise this clause but to avoid a law suit if at all possible. The retention was di scussed. After much consideration, motion was made by Jamison and seconded by McDaniel instructing the Executive Director to notify Donovan Construction Company of the Agency's intention to terminate their contracts for the parking structures, in accordance with the terms and conditions of the Contract Documents, if their work is not being processed to the satisfaction of the Agency, the Architect and the Inspector, by the next Board "Meeting. The motion was carried by the following vote, to wit: Ayes: Jamison, McDaniel, Dudley and Webster Noes: None Abstention: None Absent: Gutierrez and Blakely Mr. Krueper stated that he has received another Progress Billing from Donovan and asked if he should process this billing. Mr. Flory stated that he felt the billing should be processed, however, he would research the matter. .., , .....J EXECUTIVE SESSION: 5:35 p.m. - The Chairman adjourned the meeting for an Executive Session for the purpose of discussing litigation. 6:00 p.m. - The Chairman closed the Executive Session and Reconvened the meeting. LITIGATION: The following Resolution was introduced: RESOLUTION NO. 2517 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING ALLEN B. GRESHAM, SPECIAL LITIGATION ATTORNEY, TO PROCEED IN ACCORDANCE WITH MOTION MADE AND CARRIED IN THE EXECUTIVE SESSION REGARDING BOOTH BROTHERS ~ ........ 1 Jl~'ll! T "I.. ,","~""",~'I<tC~~:_--1. -. _I,,'---_._-'lilf'-T-"'~*' 1970 [ WHEREAS, an Executive Session was duly held on April 6, 1972 during a Regular Board Meeting, in accordance with law; and . WHEREAS, a motion was duly made and carried regarding litigation between the Redevelopment Agen~y of the City of San Bernardino and Booth Brothers. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that Allen B. Gresham, Special Litigation Attorney, is hereby authorized to proceed .in accordance with motion made and carried in the Executive Session of April 6, 1972, regarding Booth Brothers. Adopted: 4-6-72 Motion was made by McDaniel and seconded by Dudley authorizing the adoption of Resolution No. 2517. The motion was carried by the following vote, to wit: _Ayes: McDaniel, Dudley, Jamison and Webster Noes: None Abstention: None Absent: Gutierrez and Blakely BUS SHELTER: The Chairman tabled this item until the next meeting. REQUEST FOR USE OF THE MALL, MAY 13, 1972, HARRIS COMPANY: [ A letter was presented from the Harris Company requesting the use of the mall .on May 13, 1972 for a luncheon fashion show with proceeds to go to Doc's Livery and Drayage Company, an ecology group. After discussion, motion was made by Jamison and seconded by McDaniel authorizing the use of the mall by the Harris Company on May 13, 1972, providing the necessary insurance and clean-up is provided. The motion was carried by the following vote, to wit: Ayes: Jamison, McDaniel, Dudley and Webster Noes: None Abstention: None Absent: Gutierrez and B1 ake1y MARKET FEASIBILITY STUDY, CALIF. R-79: Mr. Quinn requested authorization to seek proposals for a Market Feasibility Study for Central City. Our last study was made in 1968 and there have been many changes since then. There are firms who specilize in feasibility studies for hotels. Motion was made by McDaniel and seconded by Jamison authorizing the Executive Director to seek proposals for a Market Feasibility Study for the Central City Project. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Dudley and Webster Noes: None Abstention: None Absent: Gutierrez and Blakely NAHRO ANNUAL MEETING, APRIL 20, 1972: Mr. Quinn stated that there will be a NAHRO Annual Meeting in the Grand Salon of the Queen Mary on Thursday, April 20, 1972. This is on a regularly scheduled Board Meeting day. The following resolution was introduced: . r '- RESOLUTION NO. 2518 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING TWO STAFF MEMBERS AND ANY INTERESTED BOARD MEMBER TO TRAVEL TO LONG BEACH APRIL 20, 1972, TO ATTEND A NAHRO ANNUAL MEETING '-1 PlIl _ T A.ill if "'I' rr ri'fiii<W"[:j _ --~m _ -"lR.U"r. rIi ---- "IV _'f~___.'!P-~ :T1i:r'ii- t. --:_;;tIIr_!fLU!f~t_1i1.-~j;"',,;, 1971 WHEREAS, Resolution No. 2043 of the Redevelopment Agency of the City of San Ber- nardino, California requires that each trip made outside of the City of San Bernardino be specifically authorized by a Resolution of the Agency Members; and WHEREAS, it is found essenti al for not more than two staff members and any interested Board Member to attend the NAHRO Annual Meeting to be held in Long Beach, April 20, 1972. 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 Long Beach, California, April 20, 1972, to attend a NAHRO Annual Meeting is hereby approved and their travel expenses are authorized in accordance with Resolution No. 2043 as amended. JIlIIII!\ -' Adopted: 4-6-72 Motion was made by Jamison and seconded by Dudley authorizing the adoption of Resolution No. 2518. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, McDaniel and Webster Noes: None Abstention: None Absent: Gutierrez and Blakely Motion was made by McDaniel and seconded by Dudley changing the next Regular Board meeting from April 20, 1972 to April 27, 1972. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Jamison and Webster Noes: None Abstention: None Absent: Gutierrez and Blakely NAHRO LAS VEGAS ANNUAL CONFERENCE: .., Mr. Quinn stated that authorization has already been granted for the Las Vegas Annual Conference. Messrs. McDaniel, Dudley, Webster and Jamison stated that they would probably attend this conference. I ...; DISPOSITION OF RESOLUTIONS - WEIN AND VARNER: The Members determined that the resolutions of commendation to Sanford Wein and Bruce Varner should be presented to them following the next Board Meeting at the Pirates Den. CHANGE ORDER FONTANA PAVING (DEDUCTION): The following resolution was introduced: RESOLUTION NO. 2519 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE CHANGE ORDER NO.3: UNIT 11, R-79, FONTANA PAVING, INC. FOR DEDUCTION OF CONTRACT PRICE IN THE AMOUNT OF $2,560.00 WHEREAS, Fontana Paving, Inc. entered into Contract with this Agency for Unit 11, R:79; and ~ --- V~~ --11: . ~ ,_ 1 "'-.'':.1 .(t'ilt....:W- "fi_,:M4i~l'li__"'l1m~ ""'~ [ [ [ 1972 WHEREAS, after final inspection of the area was made by Linesch & Associates, landscape architects, it was found that 9 trees could not be planted due to driveways in the area of new buildings under construction; and WHEREAS, there is now a credit due this Agency on said trees for the amount of $2,560.00; and WHEREAS, the New Contract Price is now set at $828,892.12; and WHEREAS, Contract remai ns unchanged in all other res pects. 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.8 for Unit 11, R-79 for a reduction in contract price in the amount of $2,560.00. Adopted: 4-6-72 Motion was made by McDaniel and seconded by Jamison authorizing the adoption of Resolution No. 2519. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Dudley and Webster Noes: None Abstention: None Absent: Gutierrez and Blakely CIVIC CENTER AUTHORITY QUORUM: Mr. Quinn stated that the Civic Center Authority is comprised of two repre- sentatives for the City, two for the County, and one for the Redevelopment Agency. Our representative is Mr. Bill Parker. The Authority is required to have a quorum of four members at each meeting. They are having trouble getting this quorum and would like to change the quorum to three. The Ci ty has adopted a Resol uti on authorizi ng an amendment to thi s Agreement changing the quorum from four to three. The County and the Agency must also approve this amendment. After discussion, the members requested a listing of members present and those absent at previous meetings. Mr. Quinn stated that a list would be provided. Motion was made by McDaniel and seconded by Dudley tabling this matter until the next board meeting. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Jamison and Webster Noes: None Abstention: None Absent: Gutierrez and Blakely CITY HALL LEASE: Mr. Quinn requested that this item be tabled until the next regular meeting for further study. Motion was made by Dudley and seconded by Jamison tabling this item until the next regular meeting. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, McDaniel and Webster Noes: None Abstention: None Absent: Gutierrez and Blakely - -- ~-'.." ..ji:.......~;;..,_"""""F'","-=,:c"""",;':,;;;'O,...~_..... 1973 INCREASE IN ARROWHEAD ENGINEERING CONTRACT: ~ Authori zati on was requested to increase the servi ces of Arrowhead Engi neeri ng to include the remainder of the project on the west end as well as parking lots, lower level of the 3 level parking structure, specifically to line stakes and bench marks for the contractor. The following resolution was introduced: --' RESOLUTION NO. 2520 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT NO. 10 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 Corporation for Survey Services for the Central City Mall dated November 15, 1967 and Contract Amendment Nos. 1 through 9 thereto; 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 3 Level Parking Structure, specifically to line stakes and bench marks for the Contractor; and 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. 10 with Arrowhead Engineering for Survey Services at a cost not to exceed $5,000.00. Contract Limit is now $75,000.00. -.J Adopted: 4-6-72 Motion was made by Jamison and seconded by McDaniel Resolution No. 2520. The motion was carried by the Jamison, McDaniel, Dudley and Webster Noes: None Gutierrez and Blakely authorizing the adoption of following vote, to wit: Ayes: Abstention: None Absent: RELOCATION ASSURANCES - COLLEGE PARK: The following resolution was introduced: RESOLUTION NO. 2521 RESOLUTION PROVIDING ASSURANCES BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, OF ' TITLE II OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 ~ - Y~<f:-rr..n1ii_." 1974 [ WHEREAS, the Redevelopment Agency of the City of San Bernardino was legally constituted under the Laws of the State of California; and WHEREAS, the Redevelopment Agency is a party to a Loan and Grant Contract with the Federal Government of the United States of America; and WHEREAS, the Redevelopment Agency conducts Relocation Activities in the Central City Project, Calif. R-79; and WHEREAS, the Redevelopment Agency is desirous of conducting Relocation Assistance and Real Property Acquisition Policies under Public Law 91-646 NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency does hereby certify, assure and agree that Relocation Assistance and Real Property Acquisition Policies will be con- ducted under the provisions of Public Law 91-646. Adopted: 4-6-72 [ The Redevelopment Agency of the Ci ty of San Bernardino, Cal i forni a hereby assures that it has authority under applicable State and local law to comply with Section of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 91st Congo S.l, 84 Stat. 1894 (1971) and certifies, assures and agrees that, notwithstanding any other provision set forth in any appli cation, contract, or agreement with respect to the application identified as Central City Project No.1, Calif. R-79. 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, to or for families, individuals, partnerships, corporations or associations displaced as a result of the instant project; 2. Relocation assistance programs offering the services described in Section 205 of the Act shall be provided to such displaced families, individuals, partnerships, corporations or associations in the manner provided under applicable HUD regulations; 3. Within a reasonable time prior to displacement, decent, safe, and sanitary replacement dwellings will be available to such displaced families and individuals in accordance with Section 205(c)(3) of the Act; 4. Affected persons will be adequately informed of the benefits, policies, and procedures provided for under HUD regulations; 5. The relocation process will be carried out in such a manner as to provide displaced persons with uniform and consistent services, and replacement housing will be available in the same range of choices with respect to such housing to all displaced persons regardless of race, color, religion or national origin; [ 6. The amount of relocation payments hereunder shall be fully reimbursable to the Applicant by HUD; but the costs of providing relocation assistance hereunder shall be shared between the Applicant and HUD on the same basis as project costs are shared pursuant to the applicable Federal financial assistance contract; and illll~ [Ii A!'<C -:--- If Jr.. TiqT~If_ __J 1975 7. The applicant will execute such amendments to applicable contracts and agreements and execute, furni sh, and be bound by such additional docu- ments as the Secretary of Housing and Urban Development shall detennine necessary to effectuate orimpl ement the assurancesprovi ded herein. This document is hereby made a part of andincorporated in any contract or agreement, or any supplements and amendments thereto, relating to the above i denti fi ed app 1 i cati on and s hall be deemed to supersede any provis ions the re- in to the extent that such provisions conflict with the assurances or agree- ments provided herein. ~ -...i Ap ri 1 6, 1972 (Date) REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA By P. W. Quinn, Jr. (s) P. W. Quinn, Jr. Executive Director (Title) ATTEST: The undersigned chief legal counsel for the Applicant hereby certifies that the Applicant has authority under State and local law to comply with Section 210 of the aforesaid Federal Act as implemented by the above assurances and that the foregoing assurances and agreements have been legally and duly given and made by the Applicant. Wm. A. Flory (s) Legal Counsel Redevelopment Agency of the City of San Bernardino, California .., t -'" Motion was made by McDaniel and seconded by Jamison Resolution No. 2521. The motion was carried by the McDaniel, Jamison, Dudley and Webster Noes: None Gutierrez and Blakely authorizing the adoption of following vote, to wit: Abstention: None Absent: ADJOURNMI:NT: Motion was made by McDaniel and seconded by Jamison to adjourn the meeting at 7:00 p.m. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Dudley and Webster Noes: None Abstention: None Absent: Gutierrez and Blakely --------- ..~ ~ - " 1 '!IT In V1\11 1976 "... MINUTES OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 27TH DAY OF APRIL, 1972, 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, Jamison, Dudley, McDaniel and Blakely Agency Members Absent: None Also Present: Mr. Flory, Agency Counsel; Mr. Quinn, Executive Director; and Mrs. Baxter, Executive Secretary Mr. Webster introduced Mr. Benton C. Blakely (P.K.), newly appointed Agency Board Member, to all present, and welcomed him to the agency. MINUTES: The Minutes of the Regular Meeting of April 6, 1972 were submitted for approval. Mr. Jami son noted that on page 6 referencei s made to "Bob Parker". Thi s shoul d be changed to "Bill Parker". Motion was made by Jamison and seconded by Dudley approving the minutes of April 6, 1972 as corrected. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, McDaniel, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent: None "".. EXPENDITURES: ...... The Expenditures for the month of March 1972 were submitted for approval. Motion was made by McDani el and seconded by Gutierrez approving the Expenditures for the month of March 1972 as submitted. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Dudley, Jamison, Dudley, Blakely and Webster Noes: None Abstention: None Absent: None REPORT OF AGENCY COUNSEL: Mr. Flory stated that the Sunset Hotel file has not been received from Mr. Varner. Mr. Varner takes the position that this is not an Agency file. The Chairman directed the Secretary and Attorney to study the matter. PUBLIC HEARING - SALE OF THE MINI-MALL: Mr. Quinn stated that he was advised by Mr. Topper, Assistant City Administrator, that the City is not sure if it is feasible for them to purchase the Mini-Mall and relocate it. The City has requested that this matter be tabled indefinitely until a study is made. SALE OF MINI-MALL TO CITY OF SAN BERNARDINO: The Chairman tabled this item upon the request of City Administration. "... DESERT PROVISIONS, CERTIFICATE OF COMPLIANCE: ~ Mr. Abdun-Nur, Desert Provisions, was introduced to the Board. Mr. Quinn explained that Mr. Abdun-Nur has requested a Certificate of Compliance in spite of the fact that Phase II of his property is not complete. The original Phase II '-.'"~~,,.-ir ][ _- ~-Y-"jfW! - ,nil ITi! j'::m -"Tl m ij -;;;:;-"'_~_~..~~-rs:-:._:iltlir'iiW~'itiii.~rr'_i1i ","ri"'_""-'''''''J__<",-~~,.;,.,<-:;,,,;;;..;c,''i:''_';;'''';;~~,~~,:_o,,.;.;;-.;,;;;;;;~",,;:,; 1977 as proposed in 1968 shows a building of approximately 15,120 sq. ft. A revised plan was submitted in 1970 showing a building of 2,400 sq. ft. Mr. Abdun-Nur ~ has stated that it is not feasible for him to complete Phase II at this time; however, he plans to complete Phase II at a later date. The purpose of the Certificate is to clear title and secure financing on this project. _ Mr. Quinn stated that the matter of parking was discussed at a previous meeting. A study has been made and it appears that if the 2,400 sq. ft..building is con- structed parking would be cut to a bare minimum according to City codes. The existing parking is now being used to its full capacity. It has been the Agency's observation that most businesses need more parking than the minimum code calls for. This matter of parking was carefully discussed. Mr. Abdun-Nur stated that he does not operate the business himself but has it leased. If he acquires the Certificate of Compliance he does intend at a later date to develop the remai ni ng porti on of the property. I f he sell s the pro- perty it will be sold complete and not sub-divided. After much discussion and careful review, the following resolution was intro- duced: RESOLUTION NO. 2522 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING ISSUANCE OF REDEVELOPER'S CERTIFICATE OF COMPLIANCE ON REUSE PARCEL 55b, CALIF. R-10 ..... WHEREAS, Albert P. Abdun-Nur and Virginia R. Abdun-Nur, husband and wife, Carl K. Doumani and Joanne Doumani, husband and wife, and Peter N. Simon, Jr., hereinafter called the Redevelopers, have entered into an Agreement and Grant Deed with the Redevelopment Agency of the City of San Bernardino; and --' WHEREAS, said Agreement dated April 29, 1968 was recorded on January 20, 1969, in Book 7167 on page 686 and said Grant Deed dated April 29, 1968 was recorded on January 20, 1969, in Book 7167 on page 735, in the Offi- cial 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 Deed to furnish the Redeveloper with an instrument certifying com- pletion of said improvements in accordance with the provisions of said Grant Deed upon Redeveloper's completion thereof; and WHEREAS, said property is described as Reuse Parcel 55b, Calif. R-10. .... ~. L~.- '-.!r~ v --: 1 '~1 In T 'K ]-~ 1978 ,.... L 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 Deed upon the hereinafter described real property. IT IS FURTHER RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to execute and have recorded with the County Recorder of the County of San Bernardi no a IICerti fi cate of Compl i ancell. Adopted: 4-27-72 Motion was made by McDaniel and seconded by Dudley authorizing the adoption of Resolution No. 2522, upon receipt of a copy of the lease between Mr. Abdun Nur and his tenant on the subject parcel. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Jamison, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent: None REQUEST FOR TIME EXTENSION - TALLMAN: ",.... Mr. John Creature was presented to the Board. Mr. Creatura stated that his client Erven Tallman is requesting a 45 day extension on the property at 2nd and IIDII, Calif. R-10. The development is for an office building with structural parking. Mr. Quinn stated that Mr. Creatura has indicated that they need additional time for negotiations. His client is thinking of switching this development to the 2nd and IIEII si te in the Central Ci tyProject. If he does request this transfer, he will still desire to develop the R-10 parcel but with a structure of less size. Mr. Creatura stated that 45 days should firm up this transaction. Mr. Quinn stated that from the Agency.s stand point it would be far better if the proposed development was in the Central City Project. After considerable discussion, the following resolution was introduced: ...... RESOLUTION NO. 2523 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING A 45 DAY EXTENSION OF TIME TO CLOSE ESCROW ON REUSE 15, 16 and PORTION 13b AND 17, R-10 ",. WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, and Erven Tallman, entered into an Agreement for the sale and development of Reuse 15, 16 and portion of 13b and 17, R-10 on January 24, 1972; and WHEREAS, Erven Tallman has made extensive attempts to secure a tenant for his development to be constructed on said property; and WHEREAS, Erven Tallman has requested an extension of time to close escrow; and -... WHEREAS, the Redevelopment Agency has considered his request for an extension of time. T..! !ll."""'_."....,,_~_,,_.....'~.,,;.__ ,tl]. .. ~ 1979 NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, that a 45 day extension of time is hereby granted to Erven Tallman, scheduling close of escrow June 12, 1972. ~ Adopted: 4-27-72 - Motion was made by Jamison and seconded by McDaniel authorizing the adoption of Resolution No. 2523, granting a 45 day extension to Erven Tallman, scheduling closing of escrow June 12, 1972; with the understanding that it is the intention of the Board that no fruther extensions will be granted. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, McDaniel, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent: None REVIEW OF DONOVAN CONTRACT: Mr. Quinn stated that at the last meeting a motion was made declaring the Agency's intention to terminate the Donovan contracts for the parking structures, in accordance with the terms of the Contract Documents, if their work did not pro- ceed to the satisfaction of the Agency, the architect and the inspector, by the next Board Meeting. Mr. Krueper, Inspector, stated that meetings have been held with the Donovan Construction Company, and as a result additional crews have been placed on the job and the work has been proceeding satisfactorily. Mr. A1do Genova, Gruen Associates, stated that he is satisfied with the work also. Mr. Flory stated that there still is the matter of liquidated damages, but he would rather defer them until a later date. All agreed. lIIIIlIt -...i After discussion, motion was made by McDaniel and seconded by Jamison finding that Donovan Construction Company has been proceeding with their contract on the parking structures in a satisfactory manner and determining that the Agency at this time will not exercise its option to terminate the contracts. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, McDaniel, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent: None KRUEPER ENGINEERING, INCREASE IN CONTRACT (UNITS 14 & 15): Mr. Quinn explained that due to the time extensions on the Donovan Contracts it is necessary to increase Krueper Engineerings contract for inspection ser- vi ces to run through the comp1 etion of the parking structures. Mr. Krueper stated that his services would not exceed $10,000 for the completion of this work. Mr. Quinn stated that it is recommended that the contractor, Donovan, reimburse the Agency for this additional expense, incurred due to overrun of the contract. After discussion, the following resolution was introduced: RESOLUTION NO. 2524 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT NO. 3 FOR RESIDENT CONSTRUCTION SUPERVISION/INSPECTION SERVICES, UNIT 14, 3-LEVEL PARKING STRUCTURE AND UNIT 15, 5-LEVEL PARKING STRUCTURE, CENTRAL CITY PROJECT NO. I , CALIF. R-79 -- - Art ;,]! ,Y'jf,W'l?"." ''''jJ;;j'lI'i''i"Y -----:w;-~' [ ,..... t I '-- r '- ,._~iiih:&-".-..-r- 1980 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 3 and 5 level parking structure, August 17, 1970 and Amendment No.1 dated November 23, 1971 and Amendment No.2 dated March 3, 1972; and WHEREAS, the Contractor's time table to construct both parking structures was established by the Agency Board to be completed as of March 21, 1972; and WHEREAS, as of this date, approximately 30 days have passed beyond the com- pletion date; and WHEREAS, it now appears that the structures will not be completed for a number of months longer; and WHEREAS, the Contractor may over run his contract time by at least two to three months; and WHEREAS, because of said over run, Krueper Engineering & Associates has requested an upset figure for an amount not to exceed $10,000.00. 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 execute Contract Amendment No. 3 with Krueper Engineering & Associates for Inspection Services for an additional fee not to exceed the sum of $10,000.00. Contract limit not to exceed $69,115.00. Adopted: 4-27-72 Motion was made by Jamison and seconded by Gutierrez authorizing the adoption of Resolution No. 2524 increasing Krueper Engineerings contract by $10,000 and instructing the Executive Director to seek reimbursement from Donovan Con- struction Company for this expense. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, McDaniel, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent: None BUS SHELTER: Mr. Quinn stated that at a previous meeting the members authorized the expendi- ture of approximately $6,500 for a bus shelter on Fourth Street. The City has revised their plans and now their estimated cost for the recommended facility is $11 ,800 and for the minimum facility is $7,810. Mr. McDaniel stated that he would like more time to study the matter and suggested a meeting on the site and review of the plans and renderings. After discussion, motion was made by McDaniel and seconded by Jamison tabling this matter until a later date. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, McDaniel, Blakely and Webster Noes: None Abstention: Gutierrez Absent: None CIVIC CENTER AUTHORITY QUORUM: Mr. Quinn stated that the City has adopted a resolution changing the quorum of the Civic Center Authority from four to three. A copy of their resolution was presented. The Authority has requested this change. If the Agency concurs in lrV--..... n~ril1J~..I..J<~"'=;- -''''-.c.c:c''"F''-;F~'~=.;'-''T'-='''4=';':i''''''.T;<,'''_~''. ._~ :..-:.-....-'Wi' "1" '1:. .'1Il1~- .. rr )SM' .. """'-,"...,_O!i;. 1981 thi s change a resol ution mus t also be adopted by the Board. A breakdown of members present and absent over the past nine months was also presented. It was noted that the Agency's representative, Mr. Bill Parker, has only been absent twice. After discussion, the following resolution was introduced: .., j l --" RESOLUTION NO. 2525 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT WITH THE COUNTY OF SAN BERNARDINO, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND THE CITY OF SAN BERNARDINO, WHICH AUTHORIZES A QUORUM OF THREE (3) FOR THE SAN BER- NARDINO CIVIC CENTER AUTHORITY COMMISSION WHEREAS, the Joint Exercise of Powers Agreement provides for a quorum of four members at each meeting; and WHEREAS, it is the desire of the Redevelopment Agency to decrease the quorum from four to three members. 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 a First Amendment to Joint Exercise of Powers Agreement with the .County of San Bernardino, the City of San Bernardino, and the Redevelopment Agency of the City of San Bernardino, which authorizes a quorum of three (3) for the San Bernardino Civic Center Authority Commission. J Adopted: 4-27-72 Motion was made by McDaniel and seconded by Jamison authorizing the adoption of Resolution No. 2525. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Dudley, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent: None The Chairman directed the Executive Director to send Mr. Parker a letter commend- ing him for his fine attendance at the Civic Center Authority meetings. CITY HALL LEASE: The Members were presented with a copy of the proposed lease with the City of San Bernardino for office space. Mr. Flory stated that he has gone over the lease carefully and it conforms to legal form and adequacy. The following re- solution was introduced: RESOLUTION NO. 2526 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE A LEASE AGREEMENT WITH THE CITY OF SAN BERNARDINO FOR OFFICE SPACE IN THE NEW CITY HALL ] 'm8m [ [ [ f ,l.rM 1982 WHEREAS, the City of San Bernardino is the builder and owner of the new City Hall building at 300 North "0" Street, San Bernardino, California; and WHEREAS, the Redevelopment Agency of the City of San Bernardino desires to lease space in said City Hall building from the City for use as office space. 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 Lease Agreement with the City of San Bernardino for office space in the new City Hall Adopted: 4-27-72 Motion was made by McDaniel and seconded by Gutierrez authorizing the adoption of Resolution No. 2526. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Dudley, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent: None 5:30 p.m. - Mr. Jamison was excused from the meeting. HARRIS COMPANY - RENTAL AGREEMENT: Mr. Quinn explained that there is and will continue to be a great deal of con- struction work going on within the parking lot leased to the Harris Company. After its completion, the City will be taking over the parking lot operation. Mr. Quinn suggested the cancellation of the lease with the Harris Company for this parking lot. After discussion, motion was made by Dudley and seconded by Gutierrez tabling this matter until the members can review the lease and a letter can be obtained from the Harris Company stating their position. The motion was carried by the following vote, to wit: Ayes: Dudley, McDaniel, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent: Jamison REA AGREEMENT AMENDMENT (PENNEY COMPANY): Mr. Quinn stated that the Penney Company is requesting an amendment to the REA Agreement extending their completion date from January 31, 1973 to March 28, 1973. After discussion, the following resolution was introduced: RESOLUTION NO. 2527 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE AGENCY'S AGREEMENT TO AN AMENDMENT OF ARTICLE IX, SECTION 9.1 OF THE REA AGREEMENT DATED DECEMBER 24, 1970 WHEREAS, the J. C. Penney Company has requested approval of all parties to the REA Agreement for the extension of their completion date to March 28, 1973. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby agree to an Amendment of the REA Agreement, dated December 24,1970, amending Article IX, Section 9.1, changing the com- pletion date of the J. C. Penney Company store to December 24, 1970. Adopted: 4-27-72 nn ,- ;-;:;~;:;::-:;;.:c:."j'-:t:'i' J. :lU It 1.. 1...... V' .'1,17 ,01 .il':iipilIif~r::-~-"",',;,:;"",--,,,:~,<,~ 1983 Motion was made by Dudley and seconded by McDaniel authorizing the adoption of Resolution No. 2527. The motion was carried by the following vote, to wit: Ayes: Dudley, McDaniel, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent: Jamison ~ ....... RENAMING OF SECOND STREET: A letter was presented to the Members from Harold Harris, Jr., suggesting the renaming of Second Street. After discussion, motion was made by Dudley and seconded by McDaniel instructing the Executive Director to refer this matter to City Administration. The motion was carried by the following vote, to wit: Ayes: McDaniel, Gutierrez, Dudley, Blakely and Webster Noes: None Abstention: None Absent: Jamison AWARD OF CONTRACT, TESTING AND INSPECTION, UNIT 3, PHASE IV: Mr. Quinn stated that bids were opened for Testing and Inspection services for Unit 3, Phase IV (Landscaping). The low bid was received from Krueper Engineer- ing in the amount of $16,800. The following resolution was introduced: RESOLUTION NO. 2528 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO A CONTRACT FOR RESIDENT CONSTRUCTION SUPERVISION (INSPECTION & TESTING SERVICES) FOR COMPLETION OF SURFACE PARKING AND LANDSCAPE WORK AROUND THE CENTRAL CITY MALL WITH KRUEPER ENGINEERING & ASSOCIATES, SITE PREPARATION UNIT 3, PHASE IV, CALIF. R-79, CENTRAL CITY PROJECT NO.1 ] WHEREAS, the. Agency, has, under date of March 21, 1967, entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its Central City Project, Calif. R-79 under Title I of the Housing Act of 1949, as amended and pursuant to that Contract, the Agency is undertaking certain activities necessary for the execution of the Central City Project No.1, Calif. R-79; and WHEREAS, the Agency desires to engage the services of a Contractor to render professional services in connection with the completion of surface parking and landscape work around the Central City Mall; and WHEREAS, two proposals were received by the Agency for said services; and WHEREAS, the Members of said Agency reviewed said proposals submitted at their regular meeting of April 27,1972 and detennined that the proposal of Krueper Engineering & Associates be accepted in that said proposal appears to be in the best interest of the Agency and the City of San Bernardino. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardi no, Cal i forni a that the Chai rman and Secretary be hereby authori zed to execute contract with Krueper Engineering & Associates for Resident Construction Supervision (Inspection & Testing Services) for Unit 3, Phase IV, surface park- ing and landscape work around Central City Mall for a sum not to exceed $16,800. ....., -..i Adopted: 4-27-72 i:l iIIlI k~rYIiF" M,'+'H"IQ""~f;"""""",4;"'>';""'i%~Wi~'i'l- ,,' - T, 1[jjJ _ _', II! , IT i:IIfi [ [ [ "~~""~~ 1984 Motion was made by McDaniel and seconded by Blakely authorizing the Resolution No. 2528. The motion was carried by the following vote, Ayes: McDaniel, Blakely, Gutierrez, Dudley and Webster Noes: None None Absent: Jamison adoption of to wit: Abstention: OFFER TO PURCHASE, AMERICAN SECURITY BANK: An Offer to Purchase was submitted from American Security Bank for portions of 33, 34 & 35, in the west end of the Central City Project. This offer is subject to the approval of the Conmissioner of Banking. Along with the Offer, American Security Bank submitted a letter requesting authorization to install a temporary facility on the site for a period of approximately 18 months. They will be operating in this temporary facility during the period they are in escrow and construction is taking place. If their offer is accepted they will be ready for occupancy within approximately 18 months. The plot plan was presented to the members. Mr. Quinn explained that if the offer is accepted, American Security Bank will request an easement from the Central City Company, adjoining property owners, for the purpose of ingress and egress traffic. This traffic pattern will be beneficial not only to the bank but to the tenants who will be located on the Central City Property. After discussion, the following resolution was introduced: RESOLUTION NO. 2529 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RECOGNIZING THE PROPOSED DEVELOPMENT OF AMERICAN SECURITY BANK FOR A PORTION OF REUSE PARCELS 33, 34, AND 35, IN THE WEST END OF CENTRAL CITY PROJECT AND SCHEDULING A PUBLIC HEARING FOR MAY 1 8, 1972 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to sell property located in its Central City Project, Calif. R-79, to qualified redevelopers to develop the land in accordance with the Re- development Plan thereof; and WHEREAS, the Redevelopment Agency of the City of San Bernardino, has received an Offer to Purchase a portion of Reuse Parcel 33, 34 and 35, Calif. R-79 which is located in the west end of the Central City Project. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, declares its intention to sell a portion of Reuse Parcels 33, 34 and 35, Calif. R-79, to the American Security Bank. BE IT FURTHER RESOLVED that the disposition of said parcels to said redeveloper is in the best interest of the Central City Project and the Redevelopment Agency; and that the Agency is authorized to publish the IIRedeveloper1s State- ment for Public Disclosurell and Notice of Public Hearing. Said Public Hearing to be held at the May 18, 1972 meeting. Adopted: 4-27-72 ..."..,~"i'7C"'rc==J;~""".,~w'-;";'__4""~_"'_~~",, . ...Ji1f.l~.~ .. ~'!" _f*_~ 1985 Motion was made by Dudley and seconded by McDaniel authorizing the adoption of Resolution No. 2529, recognizing the Offer to Purchase of American Security Bank and scheduling the Public Hearing for May 18, 1972. The motion was carried by the following vote, to wit: Ayes: Dudley, McDaniel, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent: Jamison ..., t: I ....J HIRE THE HANDICAPPED WEEK - OCTOBER 5, 6 & 7: Mr. Quinn stated that the City is requesting. the use of Agency property as a site for a carnival for the employment of the handicapped on October 5,6 and 7, 1972. Mr. Quinn suggested the property located at Second and IIEII Streets which at the present time is vacant and not under option to a developer. The necessary permits and insurance must be provided by the City. After discussion, motion was made by Dudley and seconded by Blakely authorizing the Executive Director to permit the City of San Bernardino to us'e vacant land at Second and IIEII Streets for a carnival for the employment of the handi capped on October 5, 6, and 7, 1972, provided said land is not under option to a developer at that time. The motion was carried by thefoll~wing vote, to wit: Ayes: Dudl ey, Blakely, McDani el, Gutierrez and Webster Noes: None Abstention: None Absent: Jamison TELEPHONE CONTRACTS: Mr. Quinn requested authorization to execute contracts with the Telephone Company for the installation of phone booths within the Central City Project area. The Agency will be required to pay for the lighting for these booths but the installa- ] tion and maintenance will be done by the phone company. After discussion, motion . was made by McDaniel and seconded by Gutierrez authorizing the Chairman and Secretary to execute contracts with the telephone company for the installation of phone booths in the Central City Project Area. The motion was carried by the following vote, to wit: Ayes: McDaniel, Gutierrez, Dudley, Blakely and Webster Noes: None Abstention: None Absent: Jamison EDISON COMPANY MANHOLE, UNIT 3, PHASE IV. R-79: Mr. Quinn explained that due to the change in grade elevations on the southwest corner of Ward's Main Building and various locations within the surface parking, it was discovered that Edison Company manholes would be required to be adjusted to the new grade and the vault vent be relocated to new locations. The anticipated cost to modify existing manholes in both Phase I and Phase II, and the balance of the work in Unit 3, Phase IV is $5,000. After discussion, the following resolution was introduced: RESOLUTION NO. 2530 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE SOUTHERN CALIFORNIA EDISON COMPANY TO MODIFY MANHOLES AND RELOCATE VAULTS WITH- IN THE CENTRAL CITY PROJECT FOR A COST NOT TO EXCEED THE SUM OF $5,000.00 ...., ....... fT ill' r t-'Im:-;?!) [ r-" ...... [ nC_J!lr-rr ,1 1986 WHEREAS, due to the change in grade elevations on the southwest corner of Ward's Main Building and various locations within the surface parking, it was discovered that the Edi son Company manholes woul d be requi red to be adjus tedto the new grade and the vault vent be relocated to new locations; and WHEREAS, Mr. Sandell of the Edison Company stated that since they had installed the underground system at the required elevation and locations at no charge to this Agency in an amount of $25cr~OQO the Agency should pay for the modification due to the change from the ori gi nal pl an; and WHEREAS, the anticipated cost to adjust manholes and relocate vault vents is not to exceed $5,000.00; and WHEREAS, Edison Company has been provided with a Notice to Proceed on said work. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California be authorized to'pay the Southern California Edison Company a sum not to exceed $5,000.00 for modification of manholes and relocation of vaults within the Central City Project No.1. Adopted: 4-27-72 Motion was made by McDaniel and seconded by Blakely authorizing the Resolution No. 2530. The motion was carried by the following vote, Ayes: McDaniel, Blakely, Gutierrez, Dudley and Webster Noes: None None Absent~ Jamison adopti on of to wit: Abstention: CHANGE ORDER RIVERSIDE CONSTRUCTION, UNIT 3, PHASE IV: Mr. Quinn stated that it is necessary to enter into a Change Order with Riverside Construction Company. This is necessary as a result of Drawing Revision I by Gruen Associates. The changes resulted from problems found in the field survey during the staking by Arrowhead Engineering. Meetings have been held with Gruen Associates and the matter of reimbursement from Gruen Associates for this error will need to be resolved at a later date. After discussion, the following reso- lution was introduced: RESOLUTION NO. 2531 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO. ONE WITH RIVERSIDE CONSTRUCTION COMPANY, UNIT 3, PHASE IV, CALIF. R-79 FOR AN AMOUNT NOT TO EXCEED $3,568.55 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into Contract with Riverside Construction Company on the 7th day of April, 1972; and WHEREAS, the following cost quotation from Riverside Construction Company is the result of Drawing Revision I by Gruen & Associates dated April 18, 1972. The changes resulted from problems found in the field survey during the staking by Arrowhead Engineering. W .1 J . :;[t", ,,,,:''';:~;':f';;C.''::;:O;:,'''''-'' .':c_ ::"::-::,: ""'~:: ',",:,:;.c-;;:,;""::.,.",.,;;,~:;;;-.c::;;~;:;:..:,..,..,,,,:.:,~~" .~rt"l --. - :', rr-- .....1 . TIltJjli l~ . - . jl """!"'1l, 1jll1'i--mJJ'-~---'C;:..;-- 1987 1. 1511 A.C. Pipe, 30000 22 If @ $20.00 = 2. Adjust Catch Basin to grade and repl ace grate with new cover (A1250) Lump Sum 3. Additional Catch Basins 2 ea. @ 700.00= 4. P.V.C. Drain at Montgomery Ward TBA Building 5 If @ 5.00 = 5. Remove & replace intersection at IIGII Street: a) Removals & grading Lump Sum b) 611 Class II Base 48 ton @ 2.65 = c) 411 A. C. Pavement 32 ton @ 7.20 = d) Traffic Loop Lump Sum 6. Widen Frontage Road from 151 to 211: a) Grading Lump Sum b) 611 Cl as s II Bas e 54 ton @ 2. 65 c) 411 A. C. Pavement 36 ton @ 7.20 $ 440.00 ...... 1 80 . 00 1,400.00 - 25.00 $200.00 127.20 230.40 250.00 807.60 150.00 143.10 259.20 7. Flashing on joint on retaining wall at Montgomery Ward building 8. Moving retaining wall to Montgomery Ward building line 9. Move curb at Building E and pave additional area, 100' X 71: a) Relocate curb forms b) Additional grading c) 611 Class II Base 25 ton @ 2.65 d) 411 A.C. Pavement 17 ton @ 7.20 552.30 45.00 No Charge 90.00 100.00 66.25 1 22 . 40 ..., I ....., 10. Engineering on above changes 378.65 1,000.00 $3,568.55 WHEREAS, it is the desire of the Redevelopment Agency to enter into Change Order No. 1 for an amount not to exceed $3,568.55. NOW, THEREFORE, BE IT RESOLVED that the Chairman and Secretary be hereby authorized to enter into Change Order No.1 with Riverside Construction Company for an amount not to exceed $3,568.55. Contract Price is now set at $981,068.55. Adopted: 4-27-72 Motion was made by McDaniel and seconded by Blakely authori zing the adoption of Resolution No. 2531. The motion was carried by the following vote, to wit: Ayes: McDaniel, Blakely, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: Jamison AGENCY LEASE - SUBORDINATION OF ANDRESON COMPANY LEASE: Motion was made by McDaniel and seconded by Dudley authorizing the execution of the Subordination Agreement with the Andreson Building. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent: Jamison ~ ...... :T ~ ~ ~"!f .r.:<t:W:"'>.'~~"":;;''''~''W--i.r---'f-:__] no- '" r L [ [ .11 ~ rJ 1988 UNIT 10-A, TIME EXTENSION, MOULDER BROTHERS: Mr. Quinn stated that Moulder Brothers is requesting 10 extra working days due to obstructions encountered during the installation of irrigation piping and electrical conduit under existing sidewalk. The Members found that this request was warranted. Moulder Brothers also requested 18 additional days due to an error made by the supplier on a shipment which he claims was beyond his control. After discussion, the members determined that this 18 days was not warranted. The following resolution was introduced: RESOLUTION NO. 2532 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE NO. 1 WITH MOULDER BROTHERS FOR SITE PREPARATION UNIT NO. 10-A, R-10, FOR AN EXTENSION OF 10 WORKING DAYS FOR CONTRACT TIME EXPIRATION WHEREAS, Moulder Brothers entered into Contract with Agency for Unit 10-A, R-10 on December 17,1971; and WHEREAS, Contract completion date was originally set for March 16, 1972; and WHEREAS, final inspection was performed and accepted April 17, 1972; and WHEREAS, Contractor requested 10 extra working days due to obstructions en- countered during the installation of irrigation piping and electrical conduit under existing sidewalk; and WHEREAS, Contractor requested an additional 18 calendar days due to an error made by the supplier on a shipment of the wrong type of ballasts, which con- tractor claims was beyond his control; and WHEREAS, the Agency Board Members agreed that the request for 10 working days be granted. The new completion date was set for March 28, 1972; and WHEREAS, the request for 18 calendar days was not approved and will be assessed as liquidated damages at $150.00 per day, Section 403, page 59 of the Specifications, which amounts to $2,700.00. Said amount will be deducted from retention due on said Unit 10-A, R-10. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardi no, Ca1 iforni a that the Chai rman and Secretary be authori zed to enter into Change Order No.1 with Moulder Brothers for an extension of 10 working days extending contract expiration date until March 28, 1972 and contractor be assessed $2,700.00 as liquidated damages. Adopted: 4-27-72 J5'j - ~ . lfY"''''''''+''N.r""~....~.",n,,,,,,",,,,",T.--''T.Tr''-''''''''''.,';:i;~'-,"-:;;;;,",,.,..~i;..i+;j;':':'lliiifljl' ri<i'~'ij;~-~_C- JfmJjf!r1i' r ~ .-,"[ ,;,,,.,,,. 1989 Moti on was made by McDaniel and seconded by Dudl ey authori zi ng the adoption of Resolution No. 2532. The motion was carried by the following vote, to wit: Ayes: McDaniel; Dudley, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent: Jamison ..... -... HANDRAIL BRIDGE NO.1, BURKE CONSTRUCTION CO., UNIT 12, PHASE II, R-79: Mr. Quinn explained that in 1970 Redevelopers Investors and Options Ltd, acquiring owners of the Andreson Building, requested authorization to connect the south side of the Andreson Building to the "E" Street Bridge by constructing steps from the bridge to the Andreson Building. The Agency issued a Stop Order on that portion of the bridge, and Redevelopers Investors and Options submitted a Perfonnance Bond in the amount of $5,000. The Agency has received a letter stating that escrow has not closed and it is necessary that the Agency complete the bridge as originally designed. Mr. Quinn requested authorization to instruct the Agency Counsel to request Redevelopers Investors and Options to either construct the bri dge as they proposed or to install the railing. He further requested authorization to enter into Change Order with Bur~e Construction in the amount of $6,055.62, in the event they do not perform. Tbe Agency can then take the necessary steps to be reimbursed through the performance Qond. After discussion, the following resolution was introduced: . RESOLUTION NO. 2533 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO CHANGE ORDER NO. 5 WITH BURKE CON- STRUCTION COMPANY, SITE PREPARATION UNIT 12, PHASE II, R-79, CENTRAL CITY PROJECT NO.1 ] WHEREAS, in 1970 Redevelopers Investors and Options Ltd., acquiring owners of the Andreson Building requested authorization to connect the south side of the Andreson Building to the "E" Street Bridge by constructing steps from the bridge to the Andreson Building; and WHEREAS, this Agency issued a Stop Order on that portion of the bridge and Redevelopers Investors and Options submitted a Performance Bond in the amount of $5,000.00.; and WHEREAS, this Agency has received a letter stating that escrow has not closed and Redevelopers Investors and Options is requesting that the Agency complete the bridge as originally designed; and WHEREAS, This Agency requested authorization to instruct the Agency Counsel to request Redevelopers Investors and Options to either construct the bridge as they proposed or to install the railing; and WHEREAS, this Agency further requested authorization to enter into Change Order No.5 with Burke Construction Co. in the amount of $6,055.62 in the event they do not perfonn. The Agency can then take necessary steps to be reimbursed through the Perfonnance Bond. 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 with Burke Construction Co. ~ - Adopted: 4-27-72 -, , , .1~-7r-(!rl'Ul::'P l-~---'i:-"!7_-Til1 1990 [ Motion was made by Gutierrez and seconded by McDaniel authorizing the adoption of Resolution No. 2533, in the event Redevelopers Investors and Options Ltd. do not either construct the bridge as they proposed, connecting same to the Andreson Building, or install the handrailing as originally designed. Further moving that if the Change Order must be executed, the Agency Counsel shall seek reimburse- ment through the Fai thful Performance Bond suppl i ed by Redevelopers Inves tors and Options Limited. The motion was carried by the following vote, to wit: Ayes: Gutierrez, McDaniel, Dudley, Blakely and Webster Noes: None Abstention: None Absent: Jamison ADJOURNMENT: Motion was made by Gutierrez and seconded by Blakely adjourning the meeting at 6:30 p.m. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Blakely, Dudley, McDaniel and Webster Noes: None Abstention: None Absent: Jamison r- " i r; "-- [ rrn".I5WlIY I ~'jiIl''f.'''li~~-:~~7~'jFi_: M~"ifll~'-~-~ 1'l-T nT__~ _n-:--r~:'~-- 1991 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 4TH DAY OF MAY, 1972, 320 NORTH "E" STREET, SAN BERNARDINO, CALI- FO RN I A ~ ...... The Chairman called the meeting to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Jamison, Dudley, Blakely and Webster Agency Members Absent: McDaniel, Gutierrez and Blum Also Present: Mr. Flory, Agency Counsel; Mr. Quinn, Executive Director; and Mrs. Baxter, Executive Secretary REPORT OF AGENCY COUNSEL: Mr. Flory reported that Mr. Varner takes the position that the Sanford Wein file does not relate to Agency matters and therefore is not an Agency file. Mr. Webster stated that part of this file is on the relocation of the Sunset Hotel and is Agency business. Mr. Flory was instructed to discuss this with Mr. Varner. HARRIS COMPANY RENTAL AGREEMENT: 4:10 p.m. - Mr. Gutierrez arrived at the meeting. Mr. Harold Harris was presented to the Members. Mr. Harris stated that because of all the construction going on in the area of the parking lot, the Harris J'. Company would like to be relieved of their monthly rental obligation. He '. sugges ted that an amendment to thei r agreement be made, decreasing the amount to a minimum figure. In this way the Harris Company could still control the area, maintain the area, provide the necessary insurance, and pay for all utilities involved. After discussion, the following resolution was introduced: RESOLUTION NO. 2534 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE AMENDMENT TO LEASE AGREEMENT WITH THE HARRIS COMPANY WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Rental Agreement with the Harris Company, dated May 27,1971, for Block 18, 19 and 20, approximaely 150. south of West Third Street and extending West from the Harris Company property line approximately 3751 for a parking area; and WHEREAS, due to extensive construction going on throughout this area it has been determined by all parties concerned that said Lease Agreement shall be amended. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Lease Agreement with the Harris Company is hereby amended as follows: ~ - VIII lj.N-~ IT '11:11 1992 Section 2A Amended to $12.00 per year~ payable monthly at the rate of $1.00 per month, commencing May 1,1972 Delete IIAll-day parkers shall be charged the same daily rate as competitive lots in the area. II [ Section 1 Section 3 Any reference to $600 per month shall be changed to $1.00 per roo nth . Adopted: 5-4-72 Motion was made by Jamison and seconded by Dudley authorizing the adoption of Resolution No. 2534~ amending the Lease Agreement as follows: Section 1 Amended to $12.00 per year, payable roonthly at the rate of $1.00 per month, commencing May 1, 1972. Delete IIAll-day parkers shall be charged the same daily rate as competitive lots in the area.1I Section 2A Secti on 3 Any reference to $600 per month shall be changed to $1.00 per month. 4:15 p.m. - Mr. McDaniel arrived at the meeting. [ The rootion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Gutierrez, Blakely and Webster Noes: None Abstention: McDaniel Absent: Blum ERA PROPOSAL: Mr. Quinn stated that he has contacted Economic Research Associates (ERA) regard- ing a proposal for an economic study of the parcels of land not sold within the Central City Project. These parcels were listed. ERA has submitted a proposal for $5,000 which would cover the area parcel by parcel, giving the proposed uses, construction information, financing charges, rental rates, income, etc. Mr. Webster stated that he would like to see a study done by an expert on hotels. After considerable discussion, the members suggested a joint study by ERA and an expert on hotels. Mr. Quinn stated that he would have to discuss this with ERA to get their reaction. Motion was made by McDaniel and seconded by Jamison instructing the Executive Director to contact ERA to determine if they would be interested in submitting a proposal for a study of the area, jointly with a specialist on hotels. The rootion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Dudley, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent: Blum DISPOSITION OF MINI MALL: [ Mr. Quinn stated that the City has relinquished their option to purchase the Mini-Mall. The Contractor, Panel Systems, is obligated under contract to buy back to mini-mall and relocate it for $20,000. Mr. Quinn suggested that the Agency invite bids for the purchase. If no bid is received over $20,000 then Panel Systems will be required to purchase it. ~=h.l~ ... [ l1TV lIil'UiIiI 1993 Mr. Quinn explained that the invitation to bid must note that the Mini-Mall must be removed in stages. Also the Agency cannot guarantee that the structure will meet City codes where relocated. After discussion, motion was made by Dudley and seconded by McDaniel instructing the Executive Director to request bids for' the sale of the Mini-Mall, stipulating that the Agency does not guarantee that the structure will meet City codes of the jurisdiction where it may be relocated, and the responsibility for these facts shall be borne by the low bidder. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Dudley, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent: Blum ......., -....J OTHER BUSINESS: Mr. Harry Krueper gave a report on the progress of the parking structures. Mr. Quinn stated that meetings are scheduled at the College Park area with residents regarding the College Park Project. He also stated that door-to-door surveys would be made shortly. EXECUTIVE SESSION: 5:05 p.m. - The Chairman called an Executive Session regarding personnel matters. 7:00 p.m. - The Executive Session was closed and the meeting reconviened. ADJOURNMENT: Motion was made and seconded adjourning the meeting at 7:00 p.m. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Dudley, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent: Blum 1 l I ......i ~ - ':I:: I r L r- I L...- r L . r .-IT,',''ijijr,-- If iF'! 1994 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 18TH DAY OF MAY, 1972, 320 NORTH IIEII 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, Jamison, Blum, McDaniel and Blakely Agency Members Absent: Dudley and Gutierrez Also Present: Mr. Quinn, Executive Director; Mr. Flory, Agency Counsel; and Mrs. Baxter, Executive Secretary Mr. Webster introduced Mrs. Hugo (Irmi) Blum to the members and welcomed her to the Agency Board. MINUTES: The Minutes of the Regular Meeting of April 27,1972 were submitted for approval. Motion was made by McDaniel and seconded by Blakely authorizing the approval of the Minutes of April 27, 1972 as submitted. The motion was carried by the follow- ing vote, to wit: Ayes: McDaniel, Blakely, Jamison, Blum and Webster Noes: None Abstention: None Absent: Dudley and Gutierrez The Minutes of the Regular Meeting of May 4,1972 were submitted for approval. Motion was made by Blakely and seconded by Jamison authorizing approval of the Minutes of May 4, 1972 as submitted. The motion was carried by the following vote, to wit: Ayes: Jamison, Blakely, Blum, Blakely and Webster Noes: None Abstention: None Absent: Dudley and Gutierrez EXPENDITURES: The Expenditures for the month of April, 1972 were submitted for approval. Motion was made by McDaniel and seconded by Jamison authorizing approval of the Expendi- tures of April 1972 as submitted. The motion was carried by the following yote to wit: Ayes: McDaniel, Jamison, Blum, Blakely and Webster Noes: None Abstention: None Absent: Dudley and Gutierrez REPORT OF AGENCY COUNSEL: Mr. Flory reported that the information we have in the Sunset File is adequate and the matter of obtaining Mr. Varner's file on the Sunset Hotel should be closed. If for some reason any information is needed from Mr. Varner's file, he is sure Mr. Varner will cooperate in every way. PUBLIC HEARING - AMERICAN SECURITY BANK: Mr. Webster reported that this is the time and place for the public hearing on the sale of a portion of Reuse Parcels 33 and 34 to American Security Bank. Mr. Robert White, President of American Security Bank, was introduced to the Members. The map of the area was presented and explained. - IfClilWl '~;ij;C'""'""T,~"'- '-7-,~"",::;;:";,",~'~1-'T'-'-T1i,lII ..rft_ f _:ml<l",17[----:71~r~-"l,'-,~-T -,IT'~JS:[ :?rI ~',_'la~'-lIr',,'::-l--'~,:" 1995 Mr. Quinn explained that if the offer is accepted, American Security Bank will negotiate an easement with the Central City Company, adjoining property owners, for the purpose of ingress and egress traffic. The traffic pattern will be beneficial not only to the bank but to the tenants who will be located on the Central City Property. There being no objections to said sale, the Public Hearing was closed. .., , .....J OFFER TO PURCHASE PORTIONS OF 33 AND 34 -- AMERICAN SECURITY BANK: Mr. Bob White explained that they have not reached their $1,500,000 quoto, but they expect to do so in or before July. This quoto was fully discussed. Mr. White stated that they plan to be fully complete within 18 months. He further stated that they will support an Affirmative Action Program. After careful review and discussion, the following resolution was introduced: RESOLUTION NO. 2535 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO AN AGREEMENT WITH AMERICAN SECURITY BANK FOR THE DEVELOPMENT OF A PORTION OF REUSE PARCELS 33 AND 34, R-79 WHEREAS, The Redevelopment Agency of the City of San Bernardino, California, desires to commit a portion of Reuse Parcels 33 and 34, to the American Security Bank for the development thereof; and WHEREAS, the American Security Bank desires to develop said parcel as a Bank; and .., J WHEREAS, the development of said parcel is subject to approval of the FDIC and the State Banking Commission authorizing the commencement of business after their quota of $1,500,000 is reached, on or before August 1, 1972; and WHEREAS, their development shall be completed on or before January 1, 1974. 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 instructed to enter into an Agreement for the disposition and development of a portion of Reuse Parcels 33 and 34, with American Security Bank. Adopted: 5-18-72 Motion was made by Jamison and seconded by Blum authorizing the adoption of Resol uti on No. 2535 approving the purchase of portion of Reuse 33 and 34 to American Security Bank, upon the approval of the FDIC and the State Banking Commission authorizing the commencement of business, after their $1,500,000 quota is reached, on or before August 1, 1972. Further moving that their development shall be completed by January 1, 1974. The motion was carried by the following vote, to wit: Ayes: Jamison, Blum, McDaniel, Blakely and Webster Noes: None Abstention: None Absent: Dudley and Gutierrez --, - [ [ [ .,",~~~)i:ra., 1996 CERTIFICATE OF COMPLIANCE, C & J ENTERPRISES: Mr. Webster stated that he and Mr. Quinn inspected Reuse Parcel 88 (C & J Enterprises), and they would recommend approval of a Certificate of Compliance. After discussion, the following resolution was introduced: RESOLUTION NO. 2536 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING ISSUANCE OF REDEVELOPER1S CERTIFICATE OF COMPLIANCE TO C & J ENTER- PRISES, REUSE:PARCEL 88, CALIF. R-10 WHEREAS, C & J Enterprises, 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 April 16, 1968, was recorded on June 6, 1968, in Book 7038, on page 137, and said Grant Deed dated April 26, 1968, was recorded on June 6, 1968, in Book 7038 on page 130, 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 re- developer 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 in 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 Redevelopers completion thereof; and WHEREAS, said real property is described as Reuse Parcel No. 88, Calif. R-10. 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 for itself, its successors and assigns, 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 hereinafter described real property. IT IS FURTHER RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to execute and have recorded with the County Recorder of the County of San Bernardino a IICertificate of Compliance. II Adopted: 5-18-72 Motion was made by Blakely and seconded by Jamison authorizing the adoption of Resolution No. 2536. The motion was carried by the following vote, to wit: Ayes: Blakely, Jamison, McDaniel, Blum and Webster Noes: None Abstention: None Absent: Dudley and Gutierrez III If-] T-__Bnn:ff'~llilllI-Jillllj.mTI_IT_-'.r:J-~lIlf---- 'o/~~"--,""-"":,;;'_,;",,,,,,;;';,,~;.,,,-.,..";:....~,;-' ~-mfj\[--1fn_ -.-- L. t!IIII L rlill"_JlfJ_Jf.h 1997 ECONOMIC RESEARCH ASSOCIATES PROPOSAL: .., ili i .....J Mr. Webster stated that at the last meeting a proposal was submitted from Economic Research Associates (ERA) regarding an economic study of the parcels of land not sold within the Central City Project, in an amount not to exceed $5,000. The Board was concerned at that time whether or not an expert on hotels should be contacted to prepare a study on the hotel site, or whether a joint proposal should be sought between ERA and a hotel expert. Mr. Webster introduced Mr. Taylor Dark, ERA, to the Members. Mr. Dark stated that ERA would agree to contact a hotel expert and work out a joint proposal, or simply a proposal from ERA using a hotel expert in the form of a subcon- tractor on the proposed hotel site only. After much discussion regarding the proper and best method for the study, Mr. Dark suggested using his original proposal, whereby ERA would perform the entire study. If ERA's reseach shows that a hotel would not be feasible, then there would be no need for the hotel expert. If the research leans towards a hotel, ERA would advise the Agency and a hotel expert could be called in for further research on the site. The following resolution was introduced: RESOLUTION NO. 2537 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO CONTRACT WITH ECONOMIC RESEARCH ASSOCIATES FOR AN ECONOMIC STUDY OF PARCELS UNSOLD IN THE CENTRAL CITY PROJECT AREA, CALIF. R-79 ,., J WHEREAS, it is the desire of the Agency members to have an Economic Study per- formed on the parcels of land not sold within the Central City Project, includ- ing but not limited to the study of each parcel individually, giving the proposed uses, construction information, financing charges, rental rates, income, etc; and WHEREAS, Economic Research Associates has submitted a proposal for said services, in an amount not to exceed $5,000. 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 with Economic Research Associates for an Economic Study of parcels unsold within the Central City Project, not to exceed the sum of $5,000. Adopted: 5-18-72 Motion was made by McDaniel and seconded by Jamison authorizing the adoption of Resolution No. 2537. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Blakely, Blum and Webster Noes: None Abstention: None Absent: Dudley and Gutierrez ~ ......., '1 T 1 __ll ...- 'R-I r rrJU-cr::- _ .0' r Il~' 1998 r- i ..... OIfHER BUSINESS: Mr. Quinn reported that the work on the parking structures is proceeding satis- factorily. He stated that Krueper Engineering has recommended that the Contractor use a rough textured paint on the outside of the parking structure, instead of the originally proposed smooth surface. EXECUTIVE SESSION: 5:15 p.m. - The Chairman called for an Executive Session regarding personnel. 5:30 p.m. - The Executive Session was closed and the meeting re-opened. ADJOURNMENT: Motion was made, seconded, and carried to adjourn the meeting at 5:35 p.m. r- ~ /' ,... ~ '-- [1fT:: -~'f:r'r.HWJi!U-ln~'f.:r~.. JJr mU'f m ..lWflq<:Ii1' JTIO- - :l1.-! rrl ill- ~~-~-'-T *"';;;;#;""";.,....li,......"''',<c;;..-;::;:--,_-;;'','7~'"=O=T~':j,;;..c;;:;;.;:;c,,,.:-ci.''#~.d.llli~f.;fr~iiiil;f-_-.i:ilC.4!ij(rnClf:R7:i'i!nl - -:- ~'\:~ :a '-rlilr-)j : 1"-.1.]'T _-r:_~T - iT ~- ",.+~. 1999 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 1ST DAY OF JUNE, 1972, 320 NORTH "E" STREET, SAN BERNARDINO, CALI- FO RN I A ~ - The Chairman called the meeting to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Webster, Gutierrez, Jamison, Dudley, McDaniel, Blakely and Blum Absent: None Also Present: Mr. Quinn, Executive Director; Mr. Flory, Agency Counsel; and Mrs. Baxter, Executive. Secretary MINUTES: The Minutes of the Regular Meeting of May 18, 1972 were submitted for approval. Two typegraphical errors were noted. Motion was made by Jamison and seconded by McDaniel approving the Minutes of May 18, 1972 as corrected. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Jamison, McDaniel, Blakely, Blum and Webster Noes: None Abstention: Dudley Absent: None REPORT OF AGENCY COUNSEL: Mr. Flory stated that he has nothing to report at this time. .., BUS SHELTER: l' -.J Mr. Quinn stated that a letter has been received from the City stating that the bus shelter on the north side of 4th Street will be eliminated and all passengers will use the proposed bus shelter on the south side. Mr. Tom Barnett, City of San Bernardino, presented a rendering of the proposed bus shelter and a cost breakdown. The recommended facility is estimated to cost approximately $11,800. Through elimination a minimum facility is proposed at $7,810. The engineering and inspection work will be furnished by the City at no additional cost. Mr. McDaniel pointed out that the estimate calls for a wall at approximately $2,500 and a railing at approximately $1,600. Mr. Reynolds stated that the wall and railing are under contract with Riverside Construction Company. Mr. Barnett stated that this can then be eliminated from their estimate of $11,800, leaving a balance of approxi- mately $7,700. Upon further discussion, motion was made by McDaniel and seconded by Jamison instruct- ing the Executive Director to invite bids for the construction of the recommended bus shelter, with the understanding that the City's estimate for this shelter will be reduced to approximately $8,000. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Dudley, Gutierrez, Blakely, Blum and Webster Noes: None Abs tenti on: None Absen t: None ..... 1 -- 2000 r '-' EXTENSIONS OF RENTAL AGREEMENTS - HARRIS & FRANK AND LUKE & VONDEY: Mr. Bernie Stelzer, Harris & Frank was introduced to the Members. Mr. Stelzer stated that inasmuch as the mall opening has been delayed until September 15, 1972, he would like to request authorization to remain in the Mini-Mall until that date. He will then relocate to his new location in the mall. Mr. Virgil Luke, Luke and Vondey, also requested authorization to remain in the Mini-Mall until September 15th. He stated that he will be relocating in the mall also. Motion was made by Dudley and seconded by Blum authorizing an extension of Rental Agreements with Harris & Frank and Luke and Vondey until September 15, 1972. The motion was carried by the following vote to wit: Ayes: Dudley, Blum, Jamison, McDaniel, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent; None AWARD OF CONTRACT, SITE IMPROVEMENTS UNIT NO. 10 (PYLON SIGN): Mr. Quinn stated that bids for Unit No. 10 (Pylon sign) were opened May 31st. The low bid was received from Quiel Brothers in the amount of $31,300. The following resolution was introduced: ,..... RESOLUTION NO. 2538 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIR- MAN AND SECRETARY TO ENTER INTO CONTRACT WITH QUIEL BROTHERS ELECTRIC SIGN SERVICE CO., INC., SITE PRE- PARATION UNIT NO. 10, CENTRAL CITY PROJECT NO.1, CALI F. R-79 \- r g &...., WHEREAS, the Agency has under date of March 21, 1967 entered in to a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its Central City Project No.1, Calif. R-79 under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract, the Agency is undertaking certain activities necessary for the execution of the Central City Project, Calif. R-79; and WHEREAS, the Agency invited competitive sealed bids for installation of one 4 sided Pylon Sign, each side to be 221011 x 221011, overall height 8510" from ground level to top of sign. 3611 letters to read CENTRAL CITY MALL on all 4 sides and other required supplemental work for Pylon Sign for 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 Agen~y; and WHEREAS, a number of 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 Quie1 Brothers Electric Sign Service Co. Inc. in the amount of $31,300; and ,.;."'...._~~~"i'_~~"'-;,;"-'-"'rrl7"1'f IT 1[1 '"--;;::::--;<-;';,M,,,,,.;;i;.i,r_-(""l~~-.~li,llil~:l~:WT__-.4J~;J,lil: "lfT-;'- .:::lIurr- .L____)q''.- f1 ,,_-lit rl]-_ill--1-liiV"~...,,,,,>< 2001 WHEREAS, the Redevelopment Agency of the City of San Bernardino has accepted the bid of Quiel Brothers Electric Sign Service Co. Inc. as it is in the best interest of the Agency to accept the bid of this contractor. ~ NOW, THEREF,ORE, 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 Quiel Brothers Electric Si gn Service Co. Inc. in the amount of $31,300.00 be hereby accepted and the Chairman and Secretary be authorized to execute the Contract for Site Preparation Unit No. 10, Central City Project No.1, Calif. R-79. ...... Adopted: 6-1-72 Motion was made by Gutierrez and seconded by McDaniel authorizing the adoption of Resolution No. 2538. The motion was carried by the following vote, to wit: Ayes: Gutierrez, McDaniel, Jamison, Dudley" Blakely, Blum and Webster Noes: None Abstention: None Absent: None GRUEN ASSOCIATES - AMENDMENT TO GRAPHICS CONTRACT: A letter was presented from Gruen Associates requesting an- increase in their Graphics contract in the amount of $5,225, for the modification of their layout due' to the change of the Penney Co., and the TBA's of Penneys and Wards. Also the addi ti on of the 3-1 eve 1 parki ng structure. MY.. Qui nn reques ted de termi nati on as to whether or not the Agency "Logo" shoul d remain on the graphi cs. The Members determined that the II Logo II should be eliminated. After discussion, the following resolution was introduced: RESOLUTION NO. 2539 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRE- TARY TO ENTER INTO CONTRACT AMENDMENT NO. 2 WITH GRUEN & ASSOCIATES FOR GRAPHICS IN AN AMOUNT NOT TO EXCEED $%,225.00, CENTRAL CITY PROJECT NO.1, CALIF. R-79 .., ~ I I -..tI WHEREAS, the Agency entered into Contract with Gruen & Associates June 13, 1968 and Contract Amendment No.1 November 19, 1968; and WHEREAS, two events have taken place since the execution of the above mentioned documents; and WHEREAS, one being the overall site layout has been drastically changed due to the:addition of J. C. Penney department store and T.B.A.'s for Penney Company and Montgomery Wards; and WHEREAS, the second being the addition of a three level parking deck; and WHEREAS, the above necessitate making revisions to a completed set of working drawings and specifications and it requires that work scope be expanded to include graphics work for the Three Level Parking Deck; and ...... -- 2002 ,... L WHEREAS, Gruen & Associates have agreed to revise the completed Site Graphics working drawings and specifications for an amount of $2,750.00; and WHEREAS, Gruen & Associ ates have agreed to the expanded work scope IIGraphi cs for 3-Leve1 Parking Deck II for an amount of $2,475.00. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardi no, Ca 1 iforni a that the Chai rman and Secretary be authori zed to enter into Contract Amendment No. 2 for an amount not to exceed $5,225.00. Contract price is now set at $16,425.00. Adopted: 6-1-72 Motion was made by McDaniel and seconded by Dudley authorizing the adoption of Resolution No. 2539. The motion was carried by the following vote, to wit: Ayes: Dudley, McDaniel, Gutierrez, Jamison, Blakely, Blum and Webster Noes: None Abstention: None Absent: None REPORT ON MINI-MALL: Mr. Quinn reported that a notice was published for the sale of the Mini-Mall, bids to be opened May 31st. No bids were received, therefore, Panel Systems is obligated to buy-back the mini-mall for $21,000. They have been notified and feel that they have already found a buyer for 10,000 feet of it. ",.... OTHER BUSINESS: '-- Mr. Krueper had a report on the status of the parking structures. He stated that the 3-1eve1 should be complete by July 1st. The Five level will be com- plete sometime within the 1st or 2nd week of July. EXECUTIVE SESSION: 4:55 p.m. - The Chairman closed the meeting for an Executive Session 5:45 p.m. - The Executive Session was closed and the meeting reconviened. ADJOURNMENT: 5:45 p.m. - The meeting was duly adjourned. "... , L / /' / ./ <-,""'i"....""....'.._"""~"""-"'#.."'..;~..- --lilLT 1 Ji J UITf5\iilffTllr.JXrlll Ii 1m, ~PiIFlf'~;;,;f~,;;;,.1i""'-o""-;;;:,""",,.;;oo~-lil!ll~~Wf:---~)I[l_---_ -:-- [nIlTl) ft _ i H: -~:,,,",- - 2003 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 15TH DAY OF JUNE, 1972,320 NORTH "E" STREET, SAN BERNARDINO, CALI FORNIA .... -...II The Chairman called the meeting to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Dudley, Webster, Jamison and Blakely Agency Members Absent: McDaniel, Gutierrez and Blum Also Present: Mr. Quinn, Executive Director; Mr. Gillespie, Acting Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regul ar meeting of June 1, 1972 were submitted for approval. 4:05 p.m. - Mr. Gutierrez arrived at the meeting. Motion was made by Dudley and seconded by Jamison approving the minutes of June 1, 1972 as submitted. The motion was carried by the following vote, to wti: Ayes: Dudley, Jamison, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent: McDaniel and Blum EXPENDITURES: The Expenditures for the month of May 1972 were submitted for approval. Motion was made by Jamison and seconded by Dudley approving the Expenditures as sub- mitted. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent: McDaniel and Blum .... $ I ....J 4:10 p.m. - Mrs. Blum arrived at the meeting. REPORT OF AGENCY COUNSEL: Mr. Gillespie stated that he has no report at this time. UNIFORM RELOCATION ASSISTANCE & REAL PROPERTY ACQUISITION POLICIES ACT OF 1970: Mr. Quinn explained that this policy has already been adopted by the Agency, but that it must be revised to include the State College A-41, and delete Meadowbrook R-10. This policy simply states that the Agency will adhere to all Federal policies re- garding Relocation and Real Estate. The following resolution was introduced: RESOLUTION NO. 2540 RESOLUTION PROVIDING ASSURANCE OF COMPLIANCE WITH THE PRO- VISIONS OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PRO~ ERTY ACQUISITION POLICIES ACT OF 1970 ~ ...."I HI r- L "..... :1 , ~ ,.. L ~,~,'~".;.;.;;~~..;o;;..;;;~~...--.: --1m _ :)j--i:i 2004 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, partnerships, cor- porations, or associations (hereinafter called "displaced persons") who are dis- placed 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 recelvlng financial assistance from a federal Agency such as the Department of Housing and Urban Development (hereinafter called ~'HUDII); and WHEREAS, this governing body seeks financial assistance pursuant to a project (s) or a Program (s) i denti fi ed below, whi ch project(s) or program(s) (herei nafter 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 displace- ment and/or land acquisition occurring on or after January 2, 1971, the effective date of the Act; and WHEREAS, Sections 210 and 305 of the Act require the provision of certain assur- ance before the head of a Federal agency can provide financial assistance to pay al 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 re- solution, 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 pro- vided, in accordance with Sections 202, 203, and 204 of the Act and applicable HUD regulations in effect at the time of displacement, to or for displaced persons whose displacement occurs as a result of the undertaki ng; 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; 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, thi s governi ng body will be gui ded r: 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; ~,,,,,",,,,,,",1~,..,.===,,,,",,"--:,,--~,c':::;::-'-'''-,=:;;c;-~',,~;;;;--(rjfr--W- _ T __--~lV.-__M -Wi .-lilW l/-rr.w "'RI!lfli _ ',!ir --~V"'l':'~'~; 2005 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 pub1 i c b'ody's Undertaki ng(s} shall be borne in accordance wi th Section 211 of the Act; 7. The public body hereby gives assurance that it has authority under applicable State and local law to comply with Sections 210 and 305 of the Act, notwithstanding any provision set forth in the financial assistance agreement(s} between this body and HUD, and in this connection hereby authorizes the provision to HUD of the opinion of its legal counsel to that affect. 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 im- plement 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 HUDfor the Undertaking(s} identified below and shall be deemed to supersede any provision(s} in said agree- mentes) to the extent that such provision(s) may conflict with the assurances or agreement(s) provi ded hereunder. D. This resolution of assurance and agreement is applicable to the fQ110wing project(s} or program(s) identified above as being Undertaking(s} of this public body: Project or Program I denti fi cati on Identification of Financial Assistance Agreement Number Central City Project Area No. 1 State COllege Project No.4 R-79 A-},I.1 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 requi red by the Secretary of Housing and Urban Development. F. This Resolution pertains to an emergency matter and is effective immediately. (SEAL) REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA E. G. Webster Chairman IN WITNESS WHEREOF, I have hereunto set my hand on this 1972. day of ..., , I t ...... ., I i .....J ...., ...... 2006 [ ATTEST: P. W. Quinn, Jr. Secretary-Treasurer Executive Director Motion was made by Dudley and seconded by Blakely authorizing the adoption of Resolution No. 2540. The motion was carried by the following vote, to wit: Ayes: Blakely, Dudley, Jamison, Gutierrez, Blum and Webster Noes: None Abstention: None Absent: McDaniel REQUEST FOR REIMBURSEMENT - CARL F. SHIELDS: A request was presented from Carl F. Shields requesting reimbursement of his expenses incurred in the design of the Pylon Sign. After discussion, motion was made by Dudley and seconded by Jamison denying the request of Mr. Shields for reimbursement. The motion was carr;.ed by the following. vote to wit: Ayes: Webster, Gutierrez, Dudley, Jamison, Blakely and Blum Noes: None Abstention: None Absent: McDaniel TALLMAN, DISPOSITION AGREEMENT: r- i ~ Mr. Quinn explained that the Board granted Mr. Tallman a 45 day extension to escrow on the property on the Northeast corner of 2nd and "0" Streets, R-10. parcel has been under disposition agreement for over a year. They have been successful in finding a major tenant. Mr. Quinn stated that a situation has arisen which might put this R-10 property in competition with R-79 property still remaining to be sold. close This un- '- Mr: Creatura, representing Mr. Tallman, was introduced to the Board. Mr. Creatura stated that they propose to immediately close escrow on 2nd and "0", and develop a parking lot. This parcel will be used as a parking lot until the R-79 property is sold. He further stated that he has two prospective developers interested in the R-79 parcels within this area, and it is his intention to pursue their purchase and development. After the R-79 pro- perty is in escrow, the R-10 (2nd and "0") corner will be developed. Public parking is badly needed and the property would be placed on the tax rolls. The right of reversion of the property back to the Agency was also discussed. The Agency could develop a parking lot and rent it out. The property would be placed back on the market after R-79 is sold. It was determined that if the property closed escrow the $110,000 caul d be invested and more money gained than to take over the property and rent it out. The matter of speculation was discussed. Mr. Quinn stated that the Disposition Agreement prohibits a developer to sell the land for a greater price than he paid fo r it. After much discussion, the following resolution was introduced: r L ,-.......+.....i<',~~ :T,ji&ii7V'---~~TP<i N~!7 -~ ill. _ IT 1[lf iJl _~~_tl1Ti>i''ir,;j;;w,:",;".:.,,,;,-:,=:;;,;,;;- -- -"r'i,':~="'"_C~ ni;ti!iiiil[;Jr~sr JmMiHl_lil~llT'1I,ijJ. -rT:-:-j?~ ":W:-'l--r - _.1 - '._~liifl!l'T!Iilll~Tl. ,lltiflli.':;i'~.'''''''~j'; 2007 RESOLUTION NO. 2541 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CLOSE OF ESCROW UNDER DISPOSITION AGREEMENT TO ERVIN TALLMAN -.... ....,; WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into an Agreement with Ervan Tallman for the disposition of Reuse Parcels 15, 16 and portion of 13b and 17, R-10, dated January 24, 1972; and WHEREAS, Mr. Tallman has made extensive attempts to secure a tenant for his development; and WHEREAS, Mr. Tallman's efforts have been unsuccessful; and WHEREAS, the Agency desires to remove this parcel of land from a competitive position with parcels Band E in the Central City Project; and WHEREAS, the conditions upon which this escrow is to close are as follows: 1. This parcel shall be developed for an interim use as a parking lot. 2. Parcel shall not be used for any purpose whi ch wi 11 pl ace it in competi tion with parcels Band E in the Central City Project. 3. At such time as parcels Band E of the Central City Project are developed, this parcel may at that time be developed to its highest and best use in accordance with the Official Redevelopment Plan of Calif. R-10. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City o-t: San Bernardino, California, that the closing of escrow is hereby authorized upon the above set forth condi ti ons. ., 1 I ..... Adopted: 6-16-72 Motion was made by Jamison and seconded by Blum adopting Resolution No. 2541 authori zing the close of escrow under Disposition Agreement to Tallman (2nd and "D"), R-10, with the usual provisions as set forth in said Disposition Agreement and Grant Deed. The Executive Director and Agency Counsel were further instructed to prepare the necessary documents regarding the development of this property. The motion was carried by the following vote, to wit: Ayes:' Webster, Gutierrez, Dudley, Jamison, Blakely, and Blum Noes: None Abstention: None Absent: McDaniel FONTANA PAVING, CLAIM FOR EXTRA WORK: Mr. Quinn explained that on October 13, 1972 the office was advised by Jess Ross, City Engineer, that Fontana Paving's sub-contractor, Stiney Electric, could not locate the existing conduit at 2nd and Arrowhead to connect the newly installed light standards. Also new conduit was necessary on Court Street. The City in- structed Stiney Electric to install this conduit. Board approval was not obtained. A bill has been submitted from Fontana Paving in the amount of $7,108.55. All members felt that more information was needed on this installation and the price. Motion was made by Jamison and seconded by Gutierrez tabling this matter for further study. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Dudley, Jamison, Blakely and Blum Noes: None Abstention: None Absent: McDaniel ...... """"" . ~<~~Pfl''W_ _I -T-I1~ll 2008 AMENDATORY APPLICATION, CALIF. R-79: [ The Chairman deferred this matter unti1 the results of the ERA study could be received and included in the application. REIMBURSEMENT FOR LEGAL EXPENSES, DICK ALLEN: Mr. Quinn explained that Mr. Allen worked for the Agency under its administration of the De1mann Heights Program for the City of San Bernardino. The Agency was contracted by the City to admirrister the program. Mr. Allen, whi1e performing notari a1 servi ceson the program, was accused of a false notori zati on and was subsequently sued by the individual involved. The Bonding company took the position that they would not provide Mr. Allen legal counsel. Neither the City nor the Agency accepted, at that time, any liability for a legal defense for Mr. Allen. Mr. Allen was vindicated, however legal costs in defending him accrued in the amount of $510.90. Inasmuch as Mr. Allen was sued for acts done while conducting program duties and was judged innocent, Mr. Quinn recommended re- imbursement in the amount of $510.90. All members agreed that Mr. Allen should be reimbursed, but believed that the City should be involved in that it was a City program. The following resolution was introduced: '-- RESOLUTION NO. 2542 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN EXPENDITURE OF NOT TO EXCEED $510.90 FOR REIMBURSEMENT OF LEGAL EX- PENSES TO MR. DICK ALLEN "...... WHEREAS, the Redevelopment Agency of the City of San Bernardino, under contract with the City of San Bernardino, was responsible for administering the De1mann Heights Program; and WHEREAS, Mr. Dick Allen was employed by the Redevelopment Agency as a Loan Officer in connection with the administering of the De1mann Heights Program; and WHEREAS, among his duties~ Mr. Allen performed notarial services on the program; and WHEREAS, while performing notarial services on the program, Mr. Allen was accused of a false notorization and was subsequently sued by the individual invo1 ved; and WHEREAS, the Bonding company took the position that they would not provide Mr. Allen legal counsel; and WHEREAS, Mr. Allen was vindicated, however legal costs in defending him accrued in the arrount of $510.90; and [ WHEREAS, Mr. Allen has requested reimbursement for said legal expenses; and WHEREAS, the Agency Members have determined that Mr. Allen should be reimbursed for his expenses but that the City of San Bernardino should be involved in this expense. c,v.\##",,~~~'~n l'f"_niit _--:'Nlillll III KilT! 1 _ __ rg W 1._._ ...;;..,""";..;-".-_=";"....,.r"';:;;.,"~.".~;;;;.!L~_~--__Jl_,[:- !/flX["Urilitl--2E1C-----'j r._ -rv' iAr 17- ~ li! Ul' -- r::{- 2009 NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that reimbursement in the amount of $510.90 is hereby approved to Mr. Dick Allen for legal expenses. BE IT FURTHER RESOLVED that the Executive Director is instructed to seek reim- bursement from the City of San Bernardino for this expense. ...., -J Adopted: 6-15-72 Motion was made by Gutierrez and seconded by Blakely authorizing the adoption of Resolution No. 2542. The motion was carried by the following vote, to wit: Ayes: Blakely, Gutierrez, Webster, Jamison, Dudley and Blum Noes: None Abstention: None Absent: McDaniel HIRE THE HANDICAPPED PROGRAM: The Agency was solicited for financial assistance in an amount not to exceed $500 for the cost of printing programs, souvenirs, and hosting for their "Hire the Handicapped Program" held June 14, 1972. The following resolution was introduced: RESOLUTION NO. 2543 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN EXPENDITURE OF NOT TO EXCEED $500 FOR PREPARATION OF "HIRE THE HANDICAPPED PROGRAM" WHEREAS, the City of San Bernardino on June 14, 1972 held a City-wide event dedicating the sidewalk ramps of the Central City Project and inaugurating the "Hi re the Handi capped Program"; and J WHEREAS, the City of San Bernardino has solicited the financial aid of the Rede- velopment Agency for the preparation of said program. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that an expenditure of not to exceed $500 is hereby approved for the preparati on of the "Hi re the Handi capped Program". Adopted: 6-15-72 Motion was made by Jamison and seconded by Blum authorizing the adoption of Resolution No. 2543. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Dudley, Jamison, Blakely and Blum Noes: None Abstention: None Absent: McDaniel AUTHORIZATION TO INCUR MOVING EXPENSES: Bids were opened July 14th for the Agency move into the new City Hall offices. The low bid was received from Inland Moving & Storage in the amount of $890. The following resolution was introduced: ~ -'" -'v II In' "il ."'A _nTIr -Ir?-:-~-~liw:jr:-",l [ r L [ >","''t~i~'-",,''';''~~Ti~_~ 2010 RESOLUTION NO. 2544 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIR- MAN AND SECRETARY TO ENTER INTO CONTRACT WITH INLAND MOVING & STORAGE COMPANY FOR THE RELOCATION OF AGENCY OFFICES WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to relocate their offices located in the Andreson Building, 320 North "E" Street, to the new City Hall, 300 North "D" Street, San Bernardino; and WHEREAS, the Redevelopment Agency invited competitive bids for said relocation, the lowest being received from Inland Moving & Storage Company, in an amount not to exceed $890.00. 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 a contract with Inland Moving & Storage Company for the relocation of the Agency offices from 320 North "EII Street to 300 North IIDII Street, San Bernardino, California. Adopted: 6-15-72 Motion was made by Gutierrez and seconded by Dudley authorizing the adoption of Resolution No. 2544. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Dudley, Jamison, Blakely and Blum Noes: None Abstention: None Absent: McDaniel ANDRESON BUILDING - SEWER CONNECTION: Mr. Quinn stated that the sewer lateral to the Andreson Building was scheduled to be attached to the main sewer line before the pump station by Fontana Paving's sub-contractor, O. B. Northington, after the pump station had been checked out and determined to be operational. However, due to an oversight by the sub- contractor, the sewer lateral was not connected to the main line. This discrepancy was brought to the attention of the Agency by Mr. Lehman, Superintendent of the Andreson Building on June 8th. On an emergency basis the Agency had to request the City to install a new pipe. This was also delaying the Contractor on his site improvements. The City has submitted a bill in the amount of $690 for the services performed. Mr. Quinn recommended the payment of the bill with this amount being held out of Fontana Paving's retention. After discussion, the following resolution was introduced: RESOLUTION NO. 2545 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE PAYMENT OF $690.00 TO THE CITY OF SAN BERNARDINO FOR INSTALLATION OF A NEW SEWER LINE IN THE NORTH END OF THE ANDRESON BUILDING JlIf r~~~"''''''''''--;''-;';':O::-::- - '<-":"".""~-.T-~r :- U~ :1IJ~ .lIJiIU{.l!f!!.n -fliWITU l_ifR-:-:-JWr '-~~~ri'( _ ~~:.;;;.,,; 2011 WHEREAS, the sewer lateral to the Andreson Building was scheduled to be attached to the main sewer line before the pump station by Fontana Paving's subcontractor, O. B. Northington, after the pump station had been checked out and determined to be operation~l; and WHEREAS, due to an oversight by said subcontractor, the sewer lateral was not connected to the main line after pump station was operational; and WHEREAS, due to the fact that this was delaying the contractor on site improvements, the Agency had to request the City of San Bernardino to install new pipe on an emergency basis; and WHEREAS, the cost for said services came to a total amount of $690.00. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino that authorization for payment in the amount of $690.00 be given and said amount paid to the City of San Bernardino. NOW, THEREFORE, BE IT RESOLVED that said matter be discussed in more detail and possibly the amount be withheld from Fontana Paving's retention now being held by this Agency if it is determined to be the subcontractor's error. Adopted: 6-15-72 -. I ...,J Motion was made by Jamison and seconded by Bl um authori zi ng the adopti on of Reso- lution No. 2545. The motion was carried by the following vote, to wit: Ayes: J. Webster, Gutierrez, Dudley, Jamison, Blakely and Blum Noes: None . Abstention: None Absent: McDaniel CENTRAL CITY NORTH, PLAN AND REPORT: Mr. Quinn stated that the Plan and the Report for Central City North have been presented to the City requesting a date for Joint Public Hearing. A 30 day notice must be given to all persons within the boundaries of this proposed pro- ject. Mrs. Blum expressed her desire to see this much needed project adopted. After discussion, motion was made by Blum and seconded by Jamison recommending the date of August 14, 1972 for a Joint Public Hearing on the Plan and Report for Central City North. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Dudley, Jamison, Blakely and Blum Noes: None Abstention: None Absent: McDaniel PAINTING STAIRS AT 5 LEVEL PARKING STRUCTURE: Mr. Quinn explained that the painting of the stairs located at the four corners of the 5 level parking structure was not included in the original plans. Donovan Construction has submitted an estimate in the amount of $2,916.30 to have this painting accomplished. The Members were concerned as to why this was not included in the original plans. After discussion, motion was made by Blum and seconded by Gutierrez tabling this matter until an explaination can be received from the architect as to why this work was not included in the plans. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Blum, Webster, Dudley, Jamison and Blakely Noes: None Abstention: None Absent: McDaniel ~- . - , ~ 2012 "... CLOCKS FOR CENTRAL CITY MALL COURTS: ....., A memorandum was presented regarding two clocks which have been proposed for the East and West Court of the Mall. Mr. Quinn requested authorization to obtain an architect to design the two clocks for an amount not to exceed $13,500. This amount has been included in the proposed Amendatory for the clocks as an Item I expendi ture. After discussion, the following resolution was introduced: RESOLUTION NO. 2546 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN EXPENDITURE OF NOT TO EXCEED $13,500 FOR DESIGN OF TWO CLOCKS FOR THE CENTRAL CITY MALL WHEREAS, two clocks are proposed for the Central City Mall - one each in the East Court and the West Court; and WHEREAS, $13,500 is budgeted for the design of these clocks; and WHEREAS, the Agency Members desire to obtain the services of an architect to design said clocks. --- NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Executive Director is hereby authorized to obtain the services of an architect to design the two clocks for an amount not to exceed $13,500. Adopted: 6-15-72 ,- Motion was made by Gutierrez and seconded by Blakely authorizing the adoption of Resolution No. 2546. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Blakely, Webster, Dudley, Jamison and Blum Noes: None Abstention: None Absent: McDaniel DISPOSITION, WESTERN SECTOR: A letter was presented from Jim Degnan setting forth certain modifications to the proposed Escrow Instructions for the sale of a portion of Reuse Parcels 32, 33 and 34, in the Wes tern Sector of the Central Ci ty Project. The Members reviewed the revisions. All were agreeable with the exception of the last paragraph wherein it states that the Agency will be required to indemnify the Central City Company from loss, cost, damage or expense should the City or Agency fail or refuse to grant lot splits. After discussion, the following resolution was introduced: "... '-- 2013 RESOLUTION NO. 2547 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CONDITIONS OF ESCROW, PORTIONS REUSE 32, 33 & 34, R-79 ........ WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, by Resolution No. 2510 authorized the sale of a portion of Reuse Parcels 32, 33 & 34, R-79 to the Central City Company; and WHEREAS, certain conditions of Escrow have been requested by the Central City Company; and WHEREAS, the conditions of Escrow are as follows: 1. That the property shall have such final z0ning (including iss-uance of conditional development permi ts or other simi 1 ar permi ts) and any vari ances or condi tional use permi ts as necessary or appropri ate to permi t the improvement of the property in accordance with the Redeveloper1s master plan. 2. That building permits have been irrevocably issued for the construction of such improvements. 3. That the Redeveloper and Ameri can Securi ty Bank shall have executed and recorded an agreement whi ch among other thi ngs es tabli shes roadway easements for reciprocal non-exclusive use from 2nd Street to the G-H connector opposite the so-called Wards I entrance. ~ 4. A left hand turn-pocket for east bound traffic has been constructed by the City on 2nd Street to correspond with the curb cut for the easement referred to in paragraph 3 above. 5. That the storm drain inlets existing on the boundaries of the property shall be relocated without expense to Redeveloper to such locations as required by planned development of the service station. 6. That storm and sanitary sewers, water, gas and electric power in sufficient sizes and capacities are available at the boundaries of the property. WHEREAS, the Agency does accept the above condi tions of Escrow as fai r. -- NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the above Conditions of Escrow are hereby approved. Adopted: 6-15-72 Motion was made by Jamison and seconded by Dudley authorizing the adoption of Resolution No. 2547, approving conditions of escrow instructions set forth in Jim Degnan1s letter of June 13, 1972, with the exception of Item 7, with the requirement that Central City Company diligently pursue these conditions. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Webster, ___ Gutierrez, Blakely and Blum Noes: None Abstention: None Absent: McDaniel - 2014 ".... OTHER BUSINESS: ...... A letter was presented from Mrs. Alexander requesting the use of the Mini-Mall on either June 24th of July 8th for a rummage sale, with proceeds to be used for the John Lewis King Memorial Scholarship Fund. The Executive Director was ins tructed to coordi nate this matter wi th Mr. Jerry Mi 11er and Mrs. Alexander. Proposed revi s ions to the Lease Agreement between the Agency and the Ci ty of San Bernardino for the City Hall offices were presented to the members for their study and review. ADJOURNMENT: Motion was made by Jamison and seconded by Dudley to adjourn the meeting at 6:10 p.m. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Webster, 'Gutierrez'" Blakely and Blum Noes: None Abstention: None Absent: McDaniel '- "....... ,.... ~ n '~""-""".'4'IJ.~ '.'''111_~,~1l -',,'/'., ",~\'N-"~;';W"""""'" 2015 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 6TH DAY OF JULY, 1972, 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, Jamison, Dudley, and Blum Agency Members Absent: Gutierrez, McDaniel and Blakely Also Present: Mr. Quinn, Executive Director; Mr. Flory, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of June 15, 1972 were submitted for approval. Motion was made by Jamison and seconded by Dudley approving the Minutes of June 15, 1972 as submitted. The rootion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Blum and Webster Noes: None Abstention: None Absent: Gutierrez, Blakely and McDaniel REPORT OF AGENCY COUNSEL: Mr. Flory stated that he has no report at this time. EXTENSION OF TIME - VANIR RESEARCH COMPANY: ... 4:05 p.m. - Mr. Blakely arrived at the meeting. ......, A letter was presented from Vanir Research requesting an extension of their escrow. Leases are being finalized for the development. After discussion, the following resolution was introduced: RESOLUTION NO. 2548 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING A 90 DAY EXTENSION TO CLOSE OF ESCROW FOR VANIR TOWER COMPANY, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino authorized the sale of Building Site "D", Calif. R-79, to Vanir Tower Company on February 17, 1972; an d WHEREAS, unforeseen delays have arisen; and WHEREAS, Vanir Tower Company has requested a 90 day extension to close of escrow; and WHEREAS, the Redevelopment Agency has consi de red thi s reques ted for extens ion of time. -- NOW, THEREFORE, BE IT RESOLVED that a 90 day extension of time is hereby granted to the Vanir Tower Company. - Adopted: 7-6-72 .'L"r~~~ 2016 [ Motion was made by Jamison and seconded by Blum authorizing the adoption of Resolution No. 2548. The motion was carried by the following vote, to wit: Ayes: Jamison, Blum, Dudley, Blakely and Webster Noes: None Abstention: None Absent: Gutierrez & McDaniel HOUSING & COMMUNITY DEVELOPMENT CONFERENCE, HELD JUNE 22, 1972: The Chairman stated that Mr. Blakely attended the Housing and Community Development Conference held in Monterey, June 22, 1972, on behalf of the Agency and the City of San Bernardino. All members were polled by phone re- garding his attendance at this conference. A letter was presented to Councilman Gregory from Mr. Blakely explaining the program. . The following resolution was introduced: RESOLUTION NO. 2549 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING BENTON BLAKELY'S TRIP TO MONTEREY, CALIFORNIA, JUNE 22, 1972, TO ATTEND THE HOUSING AND COMMUNITY DEVELOPMENT 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 was found essential for Benton Bl ak:elyto attend a Hotlsing and Community Development Conference held in Monterey, Californi~, June 22, 1972. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the travel of Benton Blakely to Monterey, California, on June 22, 1972, to attend the Housing and Community Develop- ment Conference is hereby approved, and his travel expenses are authorized in accordance with Resolution No. 2043, as amended. Adopted: 7-6-72 Motion was made by Dudley and seconded by Jamison authorizing the adoption of Resolution No. 2549. The motion was carried by the following vote, to wit: Ayes: Webster, Jamison, Dudley and Blum Noes: None Abstention: Blakely Absent: Gutierrez and McDaniel EXTENSION OF TIME, UNIT 3, PHASE 4, RIVERSIDE CONSTRUCTION COMPANY: [ A Memorandum was submi tted requesti ng an extensi on of time to .Ri versi de Construction's contract. The extension of time is warranted due to the difficulties obtaining mechanical fixtures for pool construction and the delivery of the luminaries for the parking lot lighting. Mr. Quinn explained that Riverside Construction has been most cooperative with any Agency re- quest. This extension is really for the finish work only. The following resolution was introduced: _,,"" --.. J - ~~~-",,,;;;;:::- 2017 RESOLUTION NO. 2550 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO. 2 WITH RIVERSIDE CONSTRUCTION COMPANY FOR AN EXTENSION OF SIXTEEN DAYS, EXTENDING CONTRACT EXPIRATION DATE UNTIL JULY 31, 1972 ..... ..... WHEREAS, this Agency entered into Contract with Riverside Construction on the 7th day of April, 1972; and WHEREAS, due to the difficulties encountered in obtai.ning mechanical fixtures for pool construction and the delivery of the luminaires for the parking lot lighting, said Contractor has requested that their contract expiration date be extended until July 31, 1972; and WHEREAS, Riverside Construction Co. has been very cooperative with this Agency in all aspects of sai d performance of work and other contractors worki ng withi n the area. NOW, THEREFORE, BE IT RESOLVED that the Chairman and Secretary of the Redevelop- ment Agency of the Ci ty of San Bernardino be authori zed to enter into Change Order No.2 with Riverside Construction Company for an extension of contract time for 16 days. Said contract will now expire July 31, 1972. Adopted: 7-6-72 ... j -J Motion was made by Jamison and seconded by Blakely authorizing the adoption of Resolution No. 2550. The motion was carried by the following vote, to wit: Ayes: Jamison, Blakely, Dudley, Blum and Webster Noes: None Abstention: None Absent: Gutierrez & McDaniel WARDS REQUEST FOR ADDITIONAL PAVING: Mr. Quinn explained that Montgomery Wards is requesting an area north of their building to be paved in time for their store opening. This area is included in Riverside Construction's contract, but is not scheduled for this time. If this area is paved out of sequence it will cost an additional $3,144. This amount is for bringing the equipment and trades into the area. A breakdown of this cost was presented to the members. Wards has been aware of the schedule for this paving. 4:20 p.m. - Mr. McDaniel arrived at the meeting. Mr. Quinn stated that the Agency has taken the position, in the past, to accomodate the developer, as long as there is no additional cost to the Agency. Mr. Quinn recommended that Wards should pay for this extra cost if they desire the paving to be completed out of sequence. After careful consideration, motion was made by Dudley and seconded by McDaniel denying the request of Montgomery Wards for paving out of sequence. The motion was carried by the following vote, to wit: AYes: Jamison, Blakely, Dudley, Blum, McDaniel and Webster Noes: None Abstention: None Absent: Gutierrez .., .....J 2018 [ Motion was made by McDaniel and seconded by Blum instructing the staff to make all efforts to comply with Montgomery Ward's request for the paving, if Wards desires to incur all expenses of same. The motion was carried by the following vote, to wit: Ayes: Jamison, Blakely, Dudley, Blum, McDaniel and Webster Noes: None Abstention: None Absent: Gutierrez MALL MAINTENANCE AND SECURITY: Mr. Quinn stated that he has met with the City, Harris Company and Central City Company regarding Mall Maintenance & Security. The Agency has legal responsibi1itj for the maintenance and security until 600,000 square feet of mall area is open for business. The Harris Company will open July 10th from the IIEII Street Court entrance of the mall. The Parks and Recreation Department will take over the mai ntenance and securi ty of this area. The Agency must reimburse the Ci ty for thei r cos t. Montgomery Wards anticipates opening their store July 22nd. It is proposed to open the passageway through the mall in order that shoppers can walk from the Harris Company to Wards. Central City Company has agreed to barracade those stores not ready to open. This pedestrian passageway between the two stores must have mall maintenace and security. Mr. Quinn stated that our' present contract with Gibson Brothers is about to run out. He suggested that the Agency enter into an Agreement with the City for the mall maintenance and security. [ After discussion, the following resolution was introduced: RESOLUTION NO. 2551 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO A CONTRACT WITH THE CITY OF SAN BERNARDINO FOR MAINTENANCE AND SECURITY FOR THE CENTRAL CITY MALL WHEREAS, the Redevelopment Agency requires that certain of its properties located withi n the Central City Project, Ca1 if. R-79 be protected by Securi ty personnel and maintained in a state of acceptable cleanliness; and WHEREAS, the City of San Bernardino is willing to provide for the protection and maintenance of Agency equipment, facilities, and property located within the Central City Project Area, namely the Public Mall, the three-level parking structure, and all surface parking facilities surrounding the Public Mall. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardi no, Cali fornia, that the Chairman and Secretary are hereby authori zed to execute a contract for Maintenance .and Security of the Public Mall, three level parking structure, and all surface parking facilities surrounding the Public Mall. ,...... . L I'll ""'";~"'~;-;. .;-,C:- 2019 BE IT FURTHER RESOLVED that the. Redevelopment Agency will reimburse theCi ty for its actual cost of personnel, time, and materials as incurred by the City during the scope of services under said contract. .., I i j .....J Adopted: 7-6-72 Motion was made by McDaniel and seconded by Jamison authorizing the Resolution No. 2551. The motion was carried by the following vote, Blakely, McDaniel, Jamison, Dudley, Blum and Webster Noes: NOne None Absent: Gutierrez adopti on of to wit: Ayes: Abs tenti on: PYLON SIGN MODIFICATION UNIT 10, R-79: Mr. Roy Quiel of Quie1 Brothers was presented to the Members. Mr. Quie1stated that the Pylon Sign as designed by QRS had several weak points which he would like to correct. Mr. Quielexplained in detail the points he felt necessary to change. The additional cost, including a credit to the AGency for substitution materials, would amount to $2,376.54, with 14 days extension of time. After much discussion and careful review, the following resolution was introduced: RESOLUTION NO. 2552 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO. 1 WITH QUIEL BROTHERS ELECTRIC SIGN SERVICE CO. INC., SITE PREPARATION UNIT NO. 10, CENTRAL CITY PROJECT NO.1, CALIF. R-79 ~ ! j .......J 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 Ii tl e I of the Hous ing 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, the Agency invited competitive sealed bids for installation of one 4 sided Pylon Sign, each side to be 22'0" x 22'0", overall height 85'0" from ground level to top of sign. 36" letters to read CENTRAL CITY MALL on all 4 sides and other required supplemental work for Pylon Sign for Central City Project No.1; and WHEREAS, the Agency entered into Contract with Quiel Brothers on the 2nd day of June, 1972 for an amount of $31,300.00; and WHEREAS, Mr. Ray Quiel, Contractor for Pylon Sign notified the Agency Board that due to the unavailability of specified materials for the Pylon Sign, Quiel Brothers wish to substitute 3/16" plastic material in lieu of 1/4" thick material which the Agency would receive a credit of $103.68; and WHEREAS, Mr. Qutel tnformed the AMncy Board thatdurinq the I1reparation of the shoo drawi ngs, several we.aJ~ condi tions werenoU~d;n the frame structure and recommended ]....... that additional iron bracinq be installed and a catwalk be installed inside the siqn ... cubicle not only to reduce the maintenance cost, but would prevent service technicians from possible injury by falling some 7n' below; and WHEREAS, Mr. Ou;el submitted an itemized cost for the extra bracinq and catwalk in the amount of $2,480.22, less the $103.68 credit; and 2020 [ WHEREAS, the Contractor recommended that the inverted roof be changed to a hi p roof. This change would be at no additional cost and would submit additional credit for the plastic roof drain since the roof change would eliminate that req ui remen t; an d WHEREAS, due to the above change, the Contractor requests extension of com- pletion date until September 8, 1972, (14 days) due to being held up on plastic material approval; and WHEREAS, the Redevelopment Agency of the City of San Bernardino has accepted the recommended changes and extension of time as it is in the best interest of the Agency. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino that itemized costs for the recommended changes and extension of time submitted by Quiel Brothers in the amount of $2,376.54, less additional credit to be submitted be hereby accepted and the Chairman and Secretary be authorized to execute Change Order No.1 with Quiel Brothers, Site Preparation Unit No. 10, Central City Project No.1, Calif. R-79. Adopted: 7-6-72 r- J ..... Motion was made by Blakely and seconded by Jamison authorizing the adoption of Resolution No. 2552. The motion was carried by the following vote, to wit: Ayes: Blakely, Jamison, Dudley, McDaniel, Blum and Webster Noes: None Abstention: None Absent: Gutierrez UPSET FIGURE, KRUEPER ENGINEERING, UNIT 14 & 15, R-79: Mr. Harry Krueper, Contracted Inspector for the parking structures, stated that there is still remedial work to be performed on the 3-1eve1 parking structure. The 5-1eve1 structure is progressing slower than anticipated. It appears that this structure will not be ready for use until the end of July. Mr. Quinn recommended an increase in the amount of $3,500 to Krueper Engineering's contract, with the understanding that reimbursement shall be sought from Donovan Con- struction Company. After discussion, the following resolution was introduced: RESOLUTION NO. 2553 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT NO. 4 FORRE- SIDENT CONSTRUCTION SUPERVISION/INSPECTIONSERVICES, UNIT 14, 3 LEVEL PARKING STRUCTURE, UNIT 15, 5 LEVEL PARKING STRUCTURE, CENTRAL CITY PROJECT NO.1, CALIF. R-79 [ WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into Contract with Krueper Engineering & Associates for Resident Construction Supervi ston/Inspecti on Servi ces fOT the constructi on of a 3-1 eve1 and 5-1evel parking structure August 17, 1970 and Amendment No.1 dated November 23, 1971, Amendment No.2 dated March 3, 1972, and Amendment No.3 dated May 1, 1972; and 2021 WHEREAS, there is still remedial work to be performed on the 3-level parking structure; and ..... WHEREAS, the 5 level parking structure is progressing slower than what the Contractor had anticipated. It now appears that this structure will be ready for use approximately the end of July, due to corrective work; and WHEREAS, it is necessary to increase Krueper Engineering's contract by an amount of $3,500.00 setting contract price at $72,615.00. 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 execute Contract Amendment No. 4 with Krueper Engineering & Associates for Inspection Services for an additional fee not to exceed the sum of $3,500.00 Contract limit not to exceed $72,615.00. ....... Adopted: 7-6-72 Moti on was made by Dudley and seconded by Jamison authori zing the adoption of Reso- lution No. 2553. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, McDaniel, Blakely, Blum and Webster Noes: None Abstention: None Absent: Gutierrez UPSET FIGURE, CHJ MATERIAL LAB, UNITS 14 & 15, R-79 Mr. Quinn explained that CHJ Materials contract must also be extended because of the delay of Donovan Construction Company. He recommended an increase in the ~unt of $1,763.50, with the understanding that reimbursement will be sought from Donovan Construction. The following resolution was introduced: .., f * ....." RESOLUTION NO. 2554 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT NO.2 FOR TEST- ING SERVICES ON THE 3 AND 5 LEVEL PARKING STRUCTURES, UNITS 14 AND 15, CENTRAL CITY PROJECT NO.1, CALIF. R-79 WITH CHJ MATERIALS, LABORATORY, INC. WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into Contract with CHJ Materials on the 31st day of August, 1970 for Testing Services for Construction of 3 and 5 level parking structures and Contract Amendment No.1, dated November 23,1971; and WHEREAS, Donovan Construction Company has incurred an over run on said parking structures; and WHEREAS, additional testing has been required for the over run; and WHEREAS, CHJ Materials Laboratory has requested an additional amount of $1,763.50; and .., WHEREAS, it is in the best interest of this Agency to continue the present testing services. ..... 2022 r L NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be hereby authorized to execute Contract Amendment No.2 with CHJ Materials Laboratory for an amount not to exceed $1,763.50. Revised Contract Limit not to exceed $78,023.50. Adopted: 7-6-72 Motion was made by McDaniel and seconded by Dudley authorizing the adoption of Resolution No. 2554. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, McDaniel, Blakely, Blum and Webster Noes: None Abstention: None Absent: Gutierrez PAINTING OF STAIRS - FIVE LEVEL PARKING STRUCTURE: r t I:; Mr. Quinn explained that the Agency requested of Gruen Associates an explanation as to why Gruen did not include in their plans the painting of the stairs in the 5-level parking structure. A letter was presented to the Board from Aldo Genova, Project Architect. Mr. Genova states that the stairs were to remain unpainted to express the natural concrete sculpture effect of i'ts design. If the stairs had been finished properly the painting would not be necessary. After discussion, motion was made by Blum and seconded by Blakely rejecting the request of Donovan Construction Company for additional compensation for the painting of the stai rs in the 5-level parking structure. The motion was carried by the following vote, to wit: Ayes: Blakely, Dudley, Jamison, McDaniel, Blum and Webster Noes: None Abstention: None Absent: Gutierrez NAHRO PACIFIC SOUTHWEST DUES: '-- Mr. Quinn stated that NAHRO's Pacific Southwest dues are $100, or 10% of our National Dues. Motion was made by McDaniel and seconded by Jamison authorizing the expenditure of $100 for NAHRO Pacific Southwest Dues. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Dudley, Blakely, Blum and Webster Noes: None Abstention: None Absent: Gutierrez HARRIS AND FRANK WINDOW: Mr. Qui nn requested authori zation to all ow the Central City Company to cut a show window into the brick veneer wall on the north elevation of the mall on the lower level for a display window for Harris & Frank, at no cost to the Agency. Motion was made by Jamison and seconded by McDaniel authorizing the Central City Company to cut a show window into the brick veneer wall of the mall, at no cost to the Agency. The motion was carri ed by thefo 11 owi ng vote to wi t: AYes: McDaniel, Jamison, Dudley, Blakely, Blum and Webster Noes: None Abstention: None Absent: Gutierrez RATIFY CITY HALL ACCEPTANCE: r""' \ i' ....... Mr. Quinn explained that after much negotiations, the City has determined the new City Hall acceptable for occupancy and is requesting ratification by the Agency of its actions. After discussion, motion was made by McDaniel and seconded by Blum ratifying the City's acceptance of the new City Hall. The motion was carried by the following vote, to wit: Ayes: McDaniel; Blum, Jamison, Dudley, Blakely and Webster Noes: None Abstention: None Absent: Gutierrez ~- 2023 FIVE LEVEL PARKING STRUCTURE, LEASE REVISIONS: ~ Mr. Quinn presented a copy of the revised lease agreement between the Agency ~ and the City for the parking structure. A list of changes was also presented. Motion was made by Jamison and seconded by McDaniel tabling this matter until the next meeting, in order that the Members have the opportunity to review the proposed changes. The motion was carried by the following vote, to wit: Ayes: Jamison, McDaniel, Dudley, Blakely, Blum and Webster Noes: None Abstention: None Absent: Gutierrez EXPENSES INCURRED BY BOARD MEMBERS: Mr. Webster stated that under California Law; Agency Members are entitled to receive $15.00 per meeting, or $.10 per mile for their travel expenses to and from the Agency offices. This matter was discussed by all rrembers. Motion was made by McDaniel and seconded by Blum tabling this matter until the next Board meeting. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Dudley, Blakely, Blum and Webster Noes: None Abstention: None Absent: Gutierrez STATUS REPORT - CALIFORNIA THEATER: Mr. Quinn explained that the Lease Agreement between the Agency and the Civic Light Opera J\ssociation(CLO) was finalized by the Agency and sent to CLO in March. Mr. Quinn stated that he has been advised by CLO representatives that this Agreement is not acceptable. After discussion, motion was made by Jamison and seconded by Dudley to explore this matter further with the City before any action is taken. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, McDaniel, Blum, Blakely and Webster Noes: None Abstention: None Absent: Gutierrez .... ! j ....JJ BUSINESS CARDS: A sample of the Agency's present business card was presented to the Members. Mr. Quinn stated that new cards will be ordered with the new City Hall address and phone number. The Members desi red the II Logo II to be removed from the new cards. The Members directed the Executive Director to obtain samples of the different paper available for the printing of the cards. EDISON COMPANY RELOCATION - MINI MALL $1,091.08: Mr. Reynolds, Operations Assistant, stated that it is necessary to relocate an Edison Company transformer located near the Mini-Mall. Edison Company has quoted an estimate of $1,091.08 for this service. After discussion, the follow- ing resolution was introduced: RESOLUTION NO. 2555 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING PAYMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY FOR PAYMENT OF RELOCATION OF POWER POLE IN AN AMOUNT NOT TO EXCEED $1,091.08 -- ..... 2024 ,.... ~ '-- WHEREAS, the existing power pole that services the two remaining Mini Mall Tenants is presently located on Penney Co. 's T.B.A. Site; and WHEREAS, the Penney Company contractor needs the area to install the underground storage tanks by July 15, 1972; and WHEREAS, in order to remove the power supply, the Edison Company requires $1,091.08 to reinstall transformer on new pole some 70 feet east to clear the Penney site. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the expenditure of $1.091.08 be authorized to reimburse Edison Company for relocation of power pole. Adopted: 7-6-72 Motion was made by McDaniel and seconded by Blum authorizing the adoption of Resolution No. 2555. Therrotion was carried by the following vote, to wit: Ayes: McDaniel, Blum, Jamison, Dudley, Blakely and Webster Noes: None Abstention: None Absent: Gutierrez The Chairman instructed Mr. Jamison to explore this matter with .Mr. Don Smith of the Edison Company, in that the-price quoted may be able to be reduced. OTHER BUSINESS: r- I ~: ~ A copy of the proposed Notice of Intention to Amend By-Laws was presented to the Members. Mr. Quinn stated that it will be necessary to adjourn this m~ttingL- to 4:00 p.m., July 20,1972,300 North "0" Street, Room 320-C. The Notice will be sent out no later than 7 days prior to this meeting. ADJOURNMENT: 6:20 p.m. Motion was made by Jamison and seconded by Blakely adjourning this to 4:00 p.m., July 20, 1972, 300 North "0" Street, Room 300':"C, San California. The motion was carried by the following vote, to wit: Jamison, Blakely, Dudley, McDaniel, Blum and Webster Noes: None None Absent: Gutierrez meeti ng Bernardino, Ayes: Abstention: '- ",.... /-' 2025 MINUTES OF THE ADJOURNED REGULAR MEETING OF JULY 6, 1972, HELD JULY 20,1972,4:00 P.M., 300 NORTH 11011 STREET, 'SUITE 320, SAN BERNARDINO, CALIFORNIA ~ The Chairman called the meeting to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Dudley, Blum, Blakely and Webster Agency Members Absent: Gutierrez, Jamison and McDaniel Also Present: Mr. Quinn, Executive Director; Mr. Flory, Agency Counsel; and Mrs. Baxter, Executive Secretary ..... MINUTES: The Minutes of the Regular Meeting of July 6, 1972 were submitted for approval. Mrs. Blum stated ,that on page 2, IlMontgomeryWards", the minutes state that she made the motion and Mr. McDaniel seconded. Mrs. Blum stated that Mr. McDaniel made the motion and she seconded. Mr. Webster stated that the minutes would be corrected. Motion was made by Blakely and seconded by Dudley approving the Minutes of July 6, 1972 as corrected. The motion was carried by the following vote, to wit: Ayes: Dudley, Blum, Blakely and Webster Noes: None Abstention: None Absent: Jamison, Gutierrez and McDaniel 4:05 p.m. - Mr. Gutierrez arrived at the meeting. .., .1> EXPENDITURES: ....,J The Expenditures for the month of June, 1972 were submitted for approval. After discussion, motion was made by Blakely and seconded by Blum approving the Expendi- tures as submitted. The motion was carried by the following vote, to wit: Ayes: Blakely, Blum, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: Jamison and McDaniel REPORT OF AGENCY COUNSEL: Mr. Flory stated that he has nothing to report at this time. STATUS REPORT - CALIFORNIA THEATER: Mr. Hanson, Member of the Board of the Civic Light Opera Association, was presented to the Members. He stated that they appeared before the Counsel on July 17th, and Mayor Holcomb ordered that the matter be placed on the Agency for August 7th, with both the CLO and the Redevelopment Agency being present. He stated that they would like to study the matter with the Agency so that some of the problems could be cleared up before the council meeti ng. Mr. Hanson introduced Mr. Kornblum, Attorney, to the Members. Mr. Kornblum stated that there is some legal question regarding the Quit Claim Deed. They understood that they would be given a lease to the California Theater instead of a Management Services Contract. --- ...... 2026 [ After discussion, it was determined that any Legal Opinion from the CLO should be given to Mr. Flory. Mr. Kornblum stated that he would do this. AMENDMENT TO BY-LAWS OF THE REDEVELOPMENT AGENCY: Mr. Quinn stated that it is necessary to amend the Agency By-Laws to change the Regular and Special Meeting place to 300 North "0" Street, Room 320, instead of 320 North liE" Street. The following resolution was introduced: c , .-.,.;::.'; J ''::'''-' ~7 C) "-'.------! -) ~ ' / c RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALI FORNIA, AMENDING BY -LAWS OF THE REDEVELOP- MENT AGENCY, CHANGING PLACE OF REGULAR AND SPECIAL MEETINGS RESOLUTION NO. 2556 WHEREAS, Secti on 3 of Arti cl e I of the By Laws of the Redevelopment Agency of the City of San Bernardino provi des that the office of the Agency be at such place in the City of San Bernardino~ California, as may be designated by re- solution; and ..... ( i ... WHEREAS, Section 2 of Article 3 of said By-Laws provides that regular meetings of the Agency shall be at such time and place as may be determined by resolution of the Agency; and WHEREAS, Resolution No. 2302, amended by Resolution No. 2323, designated offices of the Redevelopment Agency and place of Regular Meetings, to be held in the Andreson Building, 320 North "E" Street, San Bernardino, California; and WHEREAS, it is the desire of the Agency to relocate their offices to the new City Hall Building, 300 North "0" Street, Room 320, San Bernardino, California. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that: 1. Until otherwise provided by Resolution, the office of the Redevelopment Agency of the City of San Bernardino, California, shall be at City Hall, 300 North "0" Street, Room 320, San Bernardino, CAlifornia. 2. Until otherwise provided by Resolution, the members of the Redevelopment Agency of the City of San Bernardino shall hold regular monthly meetings at 4:;;00 p. m., on the fi rst and thi rd Thursday of each month at the offi ce of the Agency, 300 North "0" Street. Adopted: 7-20-72 Motion was made bYf?utierrez and seconded by Dudley Resolution No. 2556. The motion was carried by the Ayes: Dudley, Gutierrez, Blum, Blakely and Webster None Absent: Jamison and McDaniel authori zing the adoption of following .vote, . to wit : Noes: None Abstention: r I I '-- 2027 EXTENSION OF CONTRACT - BILL FLORY: Mr. Quinn explained that Mr. Flory.s contract was for a six month period and the time has lapsed. Mr. Dudley recommended that the contract be a continuing service contract, with automatic renewal every year, with the same conditions as set forth in the original contract. Motion was made by Dudley and seconded by Gutierrez instructing the Executive Director to prepare a contract for their review at the next Regular Meeting. Themoti on was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, Blum, Blakely and Webster Noes: None Abstention: None Absent: Jamison and McDaniel ..... - FONTANA PAVING - CLAIM FOR MONEY WITHHELD: A Claim was received from Howard Brown, Attorney representing Fontana Paving, for retention withheld from their Contract. Mr. Quinn explained that it has been the Agency's position that this claim is not warranted in that the work was called for in the Contract Documents. After discussion, motion was made by Dudley and seconded by Gutierrez denying the claim on Fontana Paving for re- tention withheld. The motion was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, Blum, Blakely and Webster Noes: None Abstention: None Absent: Jamison and McDaniel 4% SALARY INCREASES: Mr. Quinn presented a merrorandum regarding sal ary increases for Agency employees. The City Management and/or Confidential personnel will be receiving a 4% salary increase together with other benefits. In the event the General Employees negotiate a greater increase, the Management and Confidential Personnel would be subsequently adjusted to whatever percentage increase the General Employees recei ve. .., f. -.rJ Because of the size of the Agency Staff, Mr. Quinn stated that he felt all of his employees could be classified Management and/or Classified. Mr. Dudley stated that Mr. McDaniel has assumed the position of personnel coordinator for the Board, and he would like to defer this matter until Mr. McDaniel is present and can make a recommendation. After discussion, motion was made by Dudley and seconded by Gutierrez tabling this matter until the next Regular Meeting. The motion was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, Blum, Blakely and Webster Noes: None Abstention: None Absent: Jamison and McDani e 1 LEASE AGREEMENT, PARKING FACILITY: The revised lease agreement between the Agency and the City for the 5-level parking structure was presented for approval. Mr. Quinn stated that this lease is the same as presented before, with the City.s changes incorporated. Mr. Flory stated that he has approved the document. The structure will remain the Agency's. Mr. Quinn stated that it is on the City Council Agenda for August 7th. After discussion, the following resolution was introduced: ~ ...,., 2028 r I l L RESOLUTION NO. 25~7~ I RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE- CHAIRMAN AND SECRETARY TO EXECUTE LEASE AGREEMENT WITH THE CITY OF SAN BERNARDINO FOR FIVE LEVEL PARKING STRUCTURE WHEREAS, the Redevelopment Agency of the City of g,an Bernardino has developed a five-level parking facility within the Civic CEnter Area of the Central City Project, in order to provide necessary public parking to the users of the commercial, civic and cultural facilities within the project; and WHEREAS, in order to insure the continuation of the expansion of commercial, civic, and cultural facilities within the area, and to provide for necessary public parking the Agency desires to lease to the City of San Bernardino, said five-level parking structure. ..... 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 a Lease Agreement with the City of San Bernardino for the five-level parking faci 1 i ty. Adopted: 7-20-72 Moti on was made by \1~dl ey and seconded by Bl urn authori zi ng the adopti on of Resolution No. 2557, approving the execution of the Lease Agreement for the five- level parking structure, between the Agency and the City of San Bernardino, sub- ject to the Board's right of refusal of any changes which might be made by the City Council. The motion was made by the following vote, to wit: Ayes: Dudley, Blum, Blakely, Gutierrez and Webster Noes: None Abstention: None Absent: McDaniel and Jamison ,..... ! I ~ SOUND PROOFING: Due to the noise in the adjoining offices, Mr. Webster requested that the dlstraction should be noted in the minutes EXPENSES INCURRED BY BOARD MEMBERS: Mr. Quinn stated that he polled other Redevelopment Agencies regarding compensatiol to Board Members for attending meetings. Most Agencies were reimbursed for mileage and actual expenses incurred. Two were reimbursed $10/$15 per meeting. These two were City Council Agencies. Mr. Quinn explained that it is really already the policy of the Agency that members and staff be reimbursed for mileage, but that none of the Board Members have ever taken advantage of the policy. For the record, all members set forth their agreement that any claimed expenses incurred by the Board Members be allowed. AGENCY BUSINESS CARDS: Ie- Samples of paper for business cards were presented to the Members. All members concurred in Parchment Blue, Heavy Stock. Mr. Quinn stated that they would be ordered. ,,--.. .,. -.. ~;1i.7";;~>- 2029 BUS SHELTER, AWARD OF CONTRACT, UNIT 14-A, R-79: Mr. Quinn stated that bids were received July 17, 1972 for the construction of the Bus Shelter along 4th Street. The lowest bid was received from Mohr Con- struction in the amount of $14,438. Mr. Quinn explained that the City's estimate was $8,528. The Agency was concerned regarding this low estimate. Mr. Mel Reynolds, Operations Assistant, studied their estimate and found several items which were not added to the estimate. After the estimate was refigured, the new estimate was in excess of $15,000. After discussion, the following resolution was introduced: RESOLUTION NO. 2558 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO CONTRACT WITH MOHR CONSTRUCTION FOR SITE PREPARATION UNIT 14-A, CENTRAL CITY PROJECT NO.1, (BUS SHELTERS), R-79 WHEREAS, the Agency has under the date of March 21, 1967 entered into a Contract for Loan and CApi tal Grant wi th the United States of Ameri ca provi di ng 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, the Agency invited competitive sealed bids for construction of improve- ments embraced in Site Preparation Unit 14-A, namely: installation of a com- plete bus shelter canopy, brick paving, concrete, sidewalk and planter, wood benches, electrical and plumbing connections; 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, two 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 Mohr Construction Company in the amount of $14,438.00; and WHEREAS, the Redevelopment Agency of the City of San Bernardi no has accepted the bid of Mohr Construction Company as it is in the best interest of the 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 Mohr Construction Company in the amount of $14,438.00 be hereby accepted and the Chairman and Secretary be authorized to execute the Contract for Site Preparation Unit 14-A, Central City Project No.1, Calif. R-79. Adopted: 7-20-72 ..... - .., ....." ~ ......" 2030 [ f Motion was made b) Gutierrez and seconded by Blum authorizing the adoption of Resolution No. 2558 The rrotion was carried by the following vote, to wit: Ayes: Gutierrez, Blum, Dudley, Blakely and Webster Noes: None Abstention: None Absent: McDani el and Jamison STATUS REPORT, WEST END: Mr. Quinn explained that Central City Company is in the final stages of complet- ing their leases with tenants on the West End. They will be closing escrow towards the end of this month. American Security Bank, to date, has not executed theirdispnsi"tion agreement. Their temporary quarters have been open for business for approxlmately one rronth and they are consequently in default of the Agreement. The Agency is holding their 5% deposit. The Agency has been approached by a realtor out of Los Angeles regarding the acquisition of approximately 4 acres north of the proposed American Security Bank for the development of a specialty. store. DAMAGE OF ROLLING GRILL, NORTHEAST ARCADE: ,...... Mr. Quinn explained that the rolling grill located at the northeast arcade was damaged during the night of July 13, 1972, by persons unknown. Mr. Reynolds contacted Kinair Manufaturing Co., the firm who originally installed the grill. They quoted a price of between $600-$800 for labor, and $75-$100 for material to repair the grill. Mr. Quinn requested board authorization to expend not more than $1,000 for this repair. The following resolution was introduced: ..... I~-. RESOLUTION NO. 2559: RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE EXPENDI- TURE OF NOT MORE THAN ONE THOUSAND DOLLARS TO KINAIR MANUFACTURING COMPANY FOR THE REPAIR OF THE ROLLING GR~LL LOCATED IN THE NORTHEAST ARCADE, CENTRAL CITY MALL, CENTRAL CITY PROJECT NO.1, CALIF. R-79 WHEREAS, the rolling grill located at the northeast arcade was damaged during the evening of July 13, 1972 by person and/or persons unknown; and WHEREAS, Kinair Manufacturing Co. who originally installed the grill for J. D. Diffenbaugh, Inc., General Contractor for the Mall, was contacted; and r L.. WHEREAS, the labor cost to repair said grill will be between $600-$800 plus material costs between $75-$100. Repairs will take approximately 2-1/2 days to complete; and WHEREAS, the Agency finds it necessary to grant authorization to repair said grill on a time and material basis for a sum not to exceed $1,000.00 and be pai d by Purchase Order No. 1354 dated July 21, 1972. 2031 NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California be authorized to expend the sum of not more than $1,000 for the repair of the rolling grill located in the Northeast Arcade, Central City Mall, Central City Project No.1, Calif. R-79. .., f \ --' Adopted: 7-20-72 Motion was made by Blum and seconded by Blakely authorizing the adoption of Resolution No. 2559. The motion was carried by the following vote, to wit: Ayes: Blum, Blakely, Gutierrez, Dudley and Webster Noes: None Abstention: None Absent: McDaniel and Jamison Mr. Quinn was instructed to seek reimbursement from the insurance carrier if possible. PEDESTRIAN BRIDGE: A letter was presented from Allied Properties, owners of the Andreson Building, stating that they feel the Agency should have the pedestrian bridge completed as originally designed. Mr. Quinn explained that the contractor, Burke Con- struction, gave a credit of approximately $1,500 to the Agency for the deletion of this work. Burke will now complete the work for this same figure, plus total value of performance bond. The Agency has a 5% performance bond from Redevelopers & Options Limited, the proposed purchaser of the Andreson Building. After dis- cussion, the following resolution was introduced: RESOLUTION NO. 255r~ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE PURCHASE ORDER NO. 1357 PAYABLE TO W. J. BURKE CONSTRUCTION COMPANY FOR CONSTRUCTION OF PEDESTRIAN BRIDGE, UNIT 12, PHASE II, CENTRAL CITY PROJECT NO.1, CALIF. R-79 .., ......" WHEREAS, under the terms of Resolution No. 2297 adopted October 1, 1970, the Agency executed Change Order No.4 deleting the pedestrian bridge from the Contract of W. J. Burke Construction Co. in an amount of $1,055.62; and WHEREAS, it is the desire of Redevelopers Investors and Options Limited Co. that the Agency instruct their contractor, W. J. Burke Construction Co. to complete the construction of said pedestrian bridge; and WHEREAS, the Agency will take whatever steps necessary to be reimbursed for said work under the terms of Performance Bond now in its~ possession. Amount of said bond is in the amoupt of $5,000 and issued by Surety Company of the Pacific; and WHEREAS, W. J. Burke Construction Co. has agreed to come back into the area in said CEntral City Project and complete construction of pedestrian bridge for an amount not to exceed $6,055.00. .... i ...." 2032 [ NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that payment to W. J. Burke Construction Company be made on Purchase Order No. 1357 for construction of pedestrian bridge in an amount not to exceed $6,055.00 and that said amount be reimbursed the Agency under the terms of Performance Bond issued by Surety Company of the Pacific dated October 20, 1970. NOW, THEREFORE, BE IT FURTHEK; RESOLVED that this Resol ution supersedes the terms of Resolution No. 2533 authorizing execution of Change Order No.5, which stipulated the payment to Burke Construction Co. Said payment will be made under Purchase Order No.1357 in lieu of Change Order No.5. Adopted: 7-20-72 Motion was made by G~tierrez and seconded by Dudley Resolution No. 25510 The motion was carried by the Ayes: Gutierrez, Dudley, Blakely, Blum and Webster None Absent: McDaniel and Jamison authorizing the adoption of following vote, to wit: Noes: None Abstention: OTHER BUSINESS: r t \..... Mr. Quinn explained that the Redevelopment Rlan and Report for Central City North will go before the Planning Commission August 1st. A Public Hearing is scheduled for August 21st. Until the Agency is directed by the Council to go ahead with the plan, we cannot do anything. The importance of participation and involvement of the people involved was discussed. Mr. Flory disclosed that he ownes property within the Central City North boundaries. Mrs. Blum disclosed that she has a lease hold interest in property on Fifth Street, within the boundaries. ADJOURNMENT: Motion was made by Blum and seconded by Gutierrez to adjourn the meeting at 5:20 p.m. The motion was carried by the following vote, to wit: Ayes: Blum, Gutierrez, Blakely, Dudley and Webster Noes: None Abstention: None Absent: McDaniel and Jamison r i L ,-,.,...---~ ~------- 2033 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 3RD DAY OF AUGUST, 1972, 300 NORTH 11011 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, Jamison, Blakely and Dudley Agency Members Absent: McDaniel, Blum and Gutierrez Also Present: Mr. Quinn, Executive Director; Mr. Flory, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Mi nutes of the Regul ar Meeti ng of July 6, 1972 were s ubmi tted for approval. Motion was made by Blakely and seconded by Dudley authorizing the approval of the Minutes of July 6, 1972 as submitted. The motion was carried by the following vote, to wit: Ayes: Blakely, Jamison, Dudley and Webster Noes: None Abstention: None Absent: McDaniel, Blum and Gutierrez REPORT OF AGENCY COUNSEL: Mr. Flory stated that he has been reviewing the California Theatre files and it is his opinion that if the CLO filed suit against the Agency, the Agency would be the successful party. ..... BILL FLORY - CONTRACTS FOR LEGAL SERVICES: ....., The proposed contracts for legal services between the Agency and Bill Flory were presented to the Members. Mr. Flory stated that they are satisfactory to him. The following resolution was introduced: RESOLUTION NO. 2561 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACTS WITH MR. WM. A. FLORY FOR LEGAL SERVICES WHEREAS, the Redevelopment Agen~y of the City of San Bernardino, California, under dates of March 21, 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 1949, as amended by all amendatory acts including the Housing Act of 1954; and WHEREAS, the Local Public Agency, has under date of July 17, 1972, been notified by the Department of Housing and Urban Development that its Neighborhood Devel- opment Porgram Application for the State College Park Program, Calif. A-41-1 has been approved and that the Local Public Agency is authorized to incur eligible expendi tures for sai d program; and .., 1 ....., 2034 ,.... ! t ij: .... WHEREAS, the Local Public Agency desires to engage the services of Wm. A. Flory to render certain legal advice and assistance in connection with such under- takings of the Local Public Agen~y. 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 contracts for legal advice and assistance with Wm. A. Flory. Adopted: 8-3-72 Motion was made by Dudley and seconded by Jamison authorizing the adoption of Resolution No. 2561. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Blakely and Webster Noes: None Abstention: None Absent: McDaniel, Blum and Gutierrez 4:05 p.m. - Mr. Gutierrez arrived at the Meeting. 4:10 p.m. - Mrs. Blum arrived at the meeting. ENGINEERING PROPOSALS - COLLEGE PARK: ,...... Mr. Quinn stated that bids were opened August 2nd for Engineering Services, College Park. The low bid was received from Arrowhead Engineering in the amount of $11,000. The high bid was $74,000, and the estimate was $28,000. The members were very concerned about the range between the low and high bid. Mr. Sullivan, Arrowhead Engineering, stated that he submitted his bid according to the Contract Documents and he is satisfied that he can perform the services for this amount. He stated that there will be no change orders to this contract, unless the Agency increases the Scope of Services. After careful review, the following resolution was introduced: .--.. RESOLUTION NO. 2562 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH ARROWHEAD ENGINEERING CORPORATION FOR SERVICES FOR NEIGHBORHOOD DEVELOPMENT PROGRAM IN THE COLLEGE PARK AREA, A-41, SAN BERNARDINO, CALIFORNIA WHEREAS, the Agency solicited engineering proposals for the design of sewer system within street right of way that would service each resident and vacant lots, complete sewer plans, specifications within 45 days ready to advertise for bids; provide sewer staking during construction, design of new curb gutter, sidewalk, driveways, street lighting, resurfacing of existing streets, street landscaping and irrigation system, provide surveying and staking during con- struction and complete street plans and specifications within 90 days ready for advertisement of bi ds; and '-' WHEREAS, an Addendum thereto was issued as follows: Engineer will provide storm drain inlet at Kendall Drive and Little Mountain Drive, including necessary manhole, piping to divert water into flood control channel; Clarifications: a. Lump sum proposal for Engineering Services is to include Street and Sewer Design and Storm Drain Requirement, as listed above as a combined proposal; and - I 2035 WHEREAS, Agency will provide sewer lateral locations that will serve the point of connection to each lot. This information will be available at a later date to Arrowhead Engineering Corporation; and WHEREAS, a number of firms submitted proposals with Arrowhead Engineering Corporation submitting the most favorable bid in the amount of $11,000.00. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the proposal of Arrowhead Engineering Corporation in the amount of $11,000.00 for Engineering Services for Neighborhood Development Corporation, A-41 be hereby accepted and the Chairman and Secretary be hereby authorized to execute the Contract for said services. ....... ....... Adopted: 8-3-72 Motion was made by Gutierrez and seconded by Blakely authorizing the adoption of Resolution No. 2562. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Blakely, Blum, Jamison, Dudley, and Webster Noes: None Abstention: None Absent: McDaniel ARROWHEAD ENGINEERING - PREVAILING WAGE RATES: Mr. Quinn explained that the Agency has two contracts with Arrowhead Engineering. When the Agency needs their services, they are called and the Agency is charged on an hourly rate. The Contract provides that the hourly rate may be renegotiated yearly based on the updated salary schedule of the California Council of Civil Engineers. Due to the Price & Wage Control, the Council is not publishing a ... new Salary Schedule this year. Mr. Sullivan is requesting a 2.5% increase in hourly wages. After discussion, the following resolutions were introduced: ~ RESOLUTION NO. 2563 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE CONTRACT AMENDMENT NO. 5 WITH ARROWHEAD ENGINEERING FOR PROFESSIONAL SERVICES, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with Arrowhead Engineering for Professional services for Calif. R-79, on April 24, 1969; and WHEREAS, Section 3 of said Agreement provides for renegotiation of 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 Schedu1e" to read as follows: Two-Man Survey Party Three-Man Survey Party Supervi s ion & Conference Drafti ng Computation Other Offi ce Work $34.75 per hour 47.40 per hour 19.85 per hour 14.55 per hour 16.70 per hour 16.70 per hour ~ .....", 2036 r \..., 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: 8-3-72 RESOLUTION NO. 2564 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT NO. 11 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 r I ...... WHEREAS, the Agency has since executed Contract Amendments 1 through 10; and WHEREAS, it is now the desire of the Agency to enter into Contract Amendment No. 11 changing the hourly rates of the Contractor to coincide with the Prevailing Fee Schedule of the California Council of Civil Engineers and Land Surveyors, retroactive to August 1, 1972. 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. 11 with Arrowhead Engineering Corporation for Survey Services Contract. BE IT FURTHER RESOLVED that said rates were established pursuant to the maximum raises permitted by the Wage and Price Control Board (2.5%) and rounded off to the first nickel below the calculated raise. Adopted: 8-3-72 Motion was made by Dudley and seconded by Gutierrez authorizing the adoption of Resolutions 2563 and 2564. The motion was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, Jamison, Blakely, Blum and Webster Noes: None Abstention: None Absent: McDaniel KEN BUSSEY, INCREASE IN RENT ON STORAGE BUILDING: [ Mr. Quinn presented a letter from Ken Bussey requesting an increase of 12ct a square foot for office storage space. Total monthly rent would be $144. Mr. Quinn stated that Inland Moving & Storage has offered the Agency storage space for $100 per month. They will also move the Agency's storage office at no additional cost. After discussion, the following resolution was introduced: 2037 RESOLUTION NO. 2566 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO RENTAL AGREEMENT WITH INLAND MOVING & STORAGE COMPANY FOR AGENCY RENTAL OF SPACE AT 755 WEST RIALTO AVENUE FOR MAINTENANCE AND STORAGE OFFICE ~ j ; ...... WHEREAS, due to increase of rent on present Agency maintenance and storage office located at 110 South Arrowhead Avenue, San Bernardino, California, new quarters must be located; and WHEREAS, the location at 755 West Rialto Avenue, San Bernardino, has been de- s i gnated as new quarters for Agency mai ntenance and storage offi ce. NOW, THEREFORE BE IT 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 Rental Agreement with Inland Moving and Storage Co. for rental of space within 755 Rialto Avenue, for maintenance and storage. Rental for said property is $100.00 per month. Adopted: 8-3-72 Motion was made by Gutierrez and seconded by Jamison authorizing the adoption of Resolution No. 2566, cancelling rental agreement with Ken Bussey, and executing """"" rental agreement with Inland Moving & Storage Company. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Jamison, Dudley, Blakely, Blum ~ and Webster Noes: None Abstention: None Absent: McDaniel --- FOUR PERCENT SALARY INCREASES: Mr. Quinn stated that the City has approved a 4% salary increase for Administrative and Confidential Employees, along with increased benefits. It has been the Agency~s policy in the past to consider any increased wages and/or benefits within 30 days following the City's action. Mr. McDaniel has reviewed the policy and recommends its approval. His only concern was regarding the payment of sick leave. Mr. Quinn suggested approving the 4% increase, with the deferral of the IISick Leavell portion of the increased benefits. The following resolution was introduced: RESOLUTION NO. 2567 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, 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 Central City Project, Calif. R-79, and State College Park Neighborhood Development Program, Calif. A-41-1; and WHEREAS, said Agency has, by Resolutions No. 2095, 2260, 2465 and 2492, adopted and amended basic compensation schedules for its officers and employees; and ., Ii , 1;; ! "'-'III 2038 r L 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, the Ci~y of San Bernardino, did, by Mayor and Council action, grant 4 percent cost of living increases to management and confidential employees on August 1, 1972~} NOW, THEREFORE, the Redevelopment Agency of the City of San Bernardino, does hereby resolve, determine, and order as follows: Section 1. That except as otherwise specifically provided, and subject to other provisions of this resolution, each employee of the Redevelopment Agency of the City of San Bernardino, shall be entitled to receive for his or her services in his or her position the applicable rate of compensation shown on the follow- ing basic five-step salary schedule prescribed for the class in which his or her position is allocated, to wit: BASIC FIVE STEP SALARY SCHEDULE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AFTER AFTER AFTER AFTER 1 YR 1 YR 1 YR r- 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 ,322 1 ,382 1 ,446 1,513 1 ,582 Receptionist/Clerk 26 489 512 536 561 587 Accountant I 34 702 734 769 805 840 Bookkeeper II 31 613 641 671 702 734 Equal Opportunity Specialist 35 734 769 805 840 880 Executive Secreta~y 33 671 702 734 769 805 Sec. Deputy Director & R.E. 31 613 641 671 702 734 Operations Officer 46 1 ,207 1 ,264 1 ,322 1 ,382 1 ,446 Asst. Operations Officer 42 1 ,009 1 ,055 1 ,103 1 ,155 1 ,207 Operations Assistant 34 702 734 769 805 840 Operations Site Manager 39 880 921 964 1 ,009 1 ,055 Land Agent 41 964 1 ,009 1 ,055 1 ,103 1 ,155 Secretary-Operations 31 613 641 671 702 734 (Note~ The above position allocates coincide with the annual administrative bud- get approved by the Department of Housing and Urban Development October 19, 1971.) Merit Step Increases shall be effective during the first pay period following completion of the above requi rements. r Personnel promoted from within the Agency, i.e., Clerk Typist to Stenographer, shall serve in the new position for a period of twelve months before becoming L eligible for a merit step salary increase. .~ 2039 Section 2. The Salary of the Executive Director is $2,121 per month. Section 3. The Salary of the Deputy Director is established at $1,592 per month. Section 4. Sections 1, 2, and 3 of Resolution 2465 are hereby rescinded and the foregoing Sections substituted therefore. All other provisions of Resolution No. 2985 remai n in full effect and force. ...., - Section 5. This resolution is to become effective on August 1, 1972. Adopted: 8-3-72 Motion was made by Blum and seconded by Blakely authorizing the adoption of Reso- lution No. 2567. The motion was carried by the following vote, to wit: Ayes: Blakely, Blum, Gutierrez, Jamison, Dudley and Webster Noes: None Absent: McDaniel CENTRAL CITY COMPANY "LOGO": The proposed design of Central City Company.s "Logo" was presented to the Members for approval. Mr. Quinn stated that his concern is that they desire to use the "Logo" within the graphics program in and around the area. Mr. Flory stated that it is his opinion that it is not legal to permit private advertisements on public property. After discussion, motion was made by Blum and seconded by Jamison approv- ing the Central City Company's "Logo" for Central City use, but prohibiting its use on Public or Agency owned property, upon advise of Counsel. The motion was carried by the fOllowing vote, to wit: Ayes: Blum, Jamison, Blakely, Gutierrez, Dudley and Webster Noes: None Abstention: None Absent: McDaniel .... ....", AFFIRMATIVE ACTION PROGRAM: The proposed Amendment to the Affirmative Action Program was presented to the Members. Mr. Blakely stated that basically the plan provides that every contractor and/or sub-contractor, performing a service for the Agency, must comply to an Affirmative Action Program. Contractors will use a percentage figure for hiring minorities. Mr. Marcell Johnson, NAACP, stated that the plan is excellent. Mr. Willie Roberts, Governors Office, stated that the plan is satisfactory. After discussion, the fOllowing resolution was introduced: RESOLUTION NO. 2568 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING POLICY FOR AN AFFIRMA- TIVE ACTION PROGRAM FOR ETHNIC MINORITIES WHEREAS, the Redevelopment Agency of the City of San Bernardino established a policy for an Affirmative Action Program on September 3, 1970, to assist in facilitating equal opportunities for minority peoples in the City of San Bernardino; and .... WHEREAS, the Agency intends to revise this program in all HUD assisted Pro- jects within the areas of jurisdiction authority of the Redevelopment Agency of the City of San Bernardino; and ....,; 2040 ....... WHEREAS, the Redevelopment Agency intends to establish under this program equal job opportunities within Agency staff positions for all qualified or potentially qualified minorities within the City of San Bernardino. NOW, THEREFORE, BE IT RESOLVED that the revised Affirmative Action Program attached herewi th and made a part hereof, and marked as Exhi bi t II B" to thi s resolution be approved and established as the Affirmative Action Program for the Redevelopment Agency of the City of San Bernardino, California. (This exhibit is attached at the end of these minutes.) Adopted: 8-3-72 f""*- ~ Motion was made by Blakely and seconded by Jamison authorizing the adoption of Resolution No. 2568. The motion was carried by the following vote, to wit: Ayes: Blakely, Jamison, Dudley, Gutierrez, Blum and Webster Noes: None Abstention: None Absent: McDaniel FONTANA REDEVELOPMENT - CONTRACT FOR SERVICES: ,....- Mr. Quinn explained that the City of Fontana, under the recommendation of HUD, has requested that we explore the possibility of using our staff to implement their program. A proposed agreement was presented whereby they will reimburse the Agency for actual costs incurred. They must have their application into HUD by September 1st. There is a question in HUD's mind regarding the feasibility of this project, so a Feasibility Study is needed for the area. An appropriate fee schedule has nohbeen submitted as yet. After discussion, the Chairman directed the Executive Director to send a letter to HUD acknowledging their recommendation of our implementation of the program and setting forth our desire to comply. The following resolution was introduced; ""'"'" RESOLUTION NO. 2569 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF CONTRACT WITH THE CITY OF fi~NTANA FOR ADMINISTRATIVE SERVICES, SUBJECT TO THE ADOPTION OF AN APPROPRIATE FEE SCHEDULE WHEREAS, under the recommendation of the Department of Housing and Urban Development, the City of Fontana has requested the use of the Redevelopment Agency staff to implement their Urban Renewal Program; and WHEREAS, a proposed Agreement was presented whereby the Redevelopment Agency will be reimbursed for actual costs incurred; and WHEREAS, the Redevelopment Agency has acknowledged the recommendation 6f HUD and desires to implement Fontana's Redevelopment Project as requested. NOW, THEREFORE, BE IT RESOLVED that upon receipt of an appropriate fee schedule the Chairman and Secretary are hereby authorized to execute a contract with Fontana Redevelopment Agency for administrative services. r- Adopted: 8-3-72 ~ , '-' r'-:,~~~'; 2041 Motion was made by Jamison and seconded by Dudley authorizing the adoption of Resolution No. 2569. The motion was carried by the following votes to wit: Ayes: Jamison, Dudleys Gutierrez, Blum, Blakely and Webster Noes: None Abstention: ~ None Absent: McDaniel CENTRAL CITY BOUNDARIES: ......, Mr. Bill Leonard was introduced to the Board. Mr. Leonard stated that one of the methods in which to establish a larger tax base would be to increase the size of the project boundaries. He suggested increasing the boundaries to include the property to be developed by Zody's. Mr. Quinn stated that he has contacted Zody's and they will be happy to be included within the Central City Project. He suggested that the boundaries be extended further south to include the Southern Pacific Railroad property also. If the Agency Members desire the extension, they must request the Mayor and Council to call a Public Hearing to change the boundaries. It was explained that this would only be to the Agency's advantage if the base will be frozen as of its present assess- ment. The following resolution was introduced: RESOLUTION NO. 2570 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, EXPRESSING THE AGENCY'S DESIRE TO HAVE THE BOUNDARIES OF THE CENTRAL CITY PRO- JECT EXTENDED WHEREAS, it would be to the advantage of the Redevelopment Agency of the City of San Bernardino to extend the boundaries of the Central City Project, whereby freezing the base as of its present assessment; and .... -oJ WHEREASs the Agency Members have determined that said boundaries should be ex- tended south to include that property to be developed by Zody's and further south to also include the Southern Pacific Railroad property. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby express its desire to enlarge the'boundarie5 of the Central City Project south to include property to be developed by Zody's and property owned by Southern Paci fi c Rai 1 road. BE IT FURTHER RESOLVED that the Secretary is hereby directed on beha~f of the Agency to reques t that the Mayor and Common Counci 1 consi der thi s change by Publ i c Hearing. Adopted: 8-3-72 MOtion was made by Jamison and seconded by Gutierrez authorizing the adoption of Resolution No. 2565, approving an extension of the boundaries of the Central City Project to the south, to include the property to be developed by Zody's and further south to the Southern Pacific Railroad property, subject to the condition that the base will be frozen as of its present assessment. .... .....tII 2042 STATUS REPORT - PARKING STRUCTURES: r i..- Mr. Harry Krueper, Krueper Engineering, and Mr. Don Kuehnert, Donovan Con- struction Company, were introduced to the Members. Mr. Krueper stated that the 3-level structure is complete. The third level has been resurfaced and has been blocked off temporarily. Mr. Krueper stated that police protection and clean up are necessary in the structure. People are wandering around the structure after hours, causing damage and littering. Mr. Quinn stated that our present security and maintenance contracts have been cancelled. The Agency now has a contract with the City for the security and maintenance. The Chairman directed that this portion of the minutes be send to the City Admi ni s trator. Mr. Krueper stated that he would recommend full acceptance of the structure. He stated that Gruen Associates have given their verbal acceptance. After discussion, the following resolution was introduced: RESOLUTION NO. 2571 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE REDEVELOPMENT AGENCY TO ACCEPT RESPONSIBILITY OF MAINTENANCE AND SECURITY OF THE THREE LEVEL PARKING .STRUGTORE, UNIT 14, CENTRAL CITY PROJECT NO.1, CALIF. R-79 '-- WHERAS, at the Board Meeting held August 3, 1972, Agency Board Members authorized the Chairman and Secretary to direct the Agency Staff to assume full responsibility of maintenance and securi~y of the 3-leve1 parking structure; and WHEREAS, Donovan Construction Company, the contractor for said structure, has been relieved of any liability; and WHEREAS, a Workshop Meeting has been scheduled for August 8, 1972 to cover items which will be submitted for credit from Donovan Construction Company. r- NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agen~y of the City of San Bernardino, Californiaa.$.sume full responsibility of maintenance and securi~J of the 3 level parking structure and that Donovan Construction Company be absolved of any responsibility of liability. Adopted: 8-3-72 Motion was made by Blum and seconded by Gutierrez authorizing the adoption of Resolution No. 2571 accepting the three-level parking structure, subject to the receipt of written approval from the architect. The motion was carried by the following vote, to wit: Ayes: Blum, Gutierrez, Blakely, Jamison, Dudley and Webster Noes: None Abstention: None Absent: McDaniel r , I Mr. Krueper stated that the 5-leve1 parking structure should be ready for use the week of August 18th. Police protection is also needed for this structure because of the damage occuring. The members determined that a workshop meeting was needed to study this matter. Mr. Quinn stated that he would set up a workshop and notify a 11 i n vo 1 ve d. \".- 2043 PARKING LOT AND GREENBELT - NORTH OF CITY HALL: ~ Mr. Quinn stated that the City would like to develop the area north of the City Hall into temporary parking and greenbelt area. The approximate cost for this work would be $16,000, of which the City proposes to pay 50%. The plan was presented to the members and reviewed. After discussion, the following resol- ution was introduced: --' RESOLUTION NO. 2572 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF NOT TO EXCEED $8,000 FOR THE DEVELOPMENT OF TEMPORARY PARKING AND GREENBELT WHEREAS, the City of San Bernardino desires to develop the area north of the City Hall into temporary parking and greenbelt area, for an approximate cost of $16,000, of which they propose to pay 50%; and WHEREAS, the Redevelopment Agency has determined that it is to the advantage of the community to have this area developed as proposed. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that the expenditure of not to exceed $8,000 is hereby approved for the development of temporary parking and a greenbelt area north of the City Hall. Adopted: 8-3-72 ... .....t1Il Motion was made by Jamison and seconded by Blum authorizing the adoption of Resolution No. 2572. The motion was carried by the following vote, to wit: Ayes: Jamison, Blum, Dudley, Blakely, Gutierrez and Webster Noes: None Abstention: None Absent: McDaniel AUTHORIZATION TO EXPEND FUNDS - STATE COLLEGE PAC COMMITTEE: Mr. Quinn explained that it is a requirement of State and Local law for a project area to form a committee composed of residents in the project area (PAC Committee) to act in an advisory capacity to the Agency. Such a committee has been formed within the State College Project. A Local Public Agency is required to pick up the expenditures of this committee. It is an eligible expenditure. Approximately $15,000 is budgeted for this purpose. Mr. Dudley suggested a $200 petty cash fund for the committee. All expenditures must be approved by the Agency before reimbursement is made to this fund. After considerable review, the following resolution was introduced: RESOLUTION NO. 2573 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A PETTY CASH FUND FOR THE PROJECT AREA COMMITTEE, PROJECT NO. CALIF. A-41-1, SUBJECT TO HUD APPROVAL OF COMMITTEE'S BY-LAWS, AND INCORPORATION AS A NON-PROFIT ORGANIZATION ..... ...." 2044 [ WHEREAS, on July 17, 1972, the Department of Housing and Urban Development notified the Redevelopment Agency of the City of San Bernardino that it had approved the Agency's application for a Neighborhood Development Program, Calif. No. A-41-1, and authorized the Agency to incur expenses; and WHEREAS, the Redevelopment Agency has complied with all applicable directives re- lating to the establishment and incorporation as a non-profit organization of Project Area Committees; and WHEREAS, a duly constituted Project Area Committee has been formed within the boundaries of Project No. Calif. A-4l-l; and WHEREAS, for the proper functioning of the Project Area Committee it is deemed advisable that a "petty-cash" fund, not to exceed $200.00, be established to provide essential administrative support to the committee. NOW, THEREFORE, BE IT RESOLVED: r (' A "Petty-Cash II fund, not to exceed $200.00, and to be known as the "Project Area Committee, Calif. A-4l-l Petty-Cash Fund" is hereby established and subject to provisions of the accepted By-Laws of the Committee~ the Committee is hereby authori zed to expend funds, for authori zed expendi tures, from the "Petty-Cash" fund. Each expenditure, however, shall be completely documented and when approved by the Redevelopment Agency of the City of San Bernardino reimbursement to the fund shall be made from available Project No. Calif. A-41-1 funds. The procedures of this resolution shall be effective upon receipt of approval from the Department of Housing and Urban Development of the By-Laws and Articles of Incorporation of the Project Area Committee of Project No. Calif. A-4l-l. Adopted: 8-3-72 ...., Motion was made by Dudley and seconded by Blakely authorizing the adoption of Reso- lution No. 2573. The motion was carried by the following vote, to wit: Ayes: Dudley, Blakely, Gutierrez, Blu~, Jamison and Webster Noes: None Abstention: None Absent: McDaniel DEDUCT CHANGE ORDER - BURKE: Mr. Quinn explained that the sidewalk area in front of the City Hall on "0" Street was originally proposed to be brick paving. The City Engineering Department requested that this brick paving be eliminated. Burke Construction has issued the Agency a credit of $5,400 for this elimination. The following resolution was introduced: r L.. RESOLUTION NO. 2574 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO. 5 FOR A DEDUCTION IN THE AMOUNT OF $5,400.00 DUE TO THE DELETION OF BRICK PAVING IN THE SIDE- WALK AREA IN FRONT OF CITY HALL ON "0" STREET AND EXHIBIT HALL ON "E" STREET, SAN BERNARDINO, CALIFORNIA " 2045 WHEREAS, the W. J. Burke Construction Company entered into Contract with this Agency on the 22nd day of May, 1970; and WHEREAS, the brick paving in the sidewalk area was deleted at the request of the City Engineering Department. The sidewalk area to be brick was in front of the City Hall on "0" Street and the Exhi bit Hall on "E" Street; and , ......J WHEREAS, the plan showed the brick installed to the curb line on both streets. Burke Company submitted a credit of $5,400.00 on January 10, 1972 to Armstrong- Ulmer, A.I.A. Mr. Gomez of Burke Company contacted the Agency about said Change Order due to the fact that the public areas were almost complete and would 1 i ke the change order processed; and WHEREAS, it is the desire of this Agency to enter into Change Order No. 5 deducting the amount of $5,400.00 from their contract setting a new contract price of $820,979.76. In all other respects contract remains unchanged. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California authorizing the Chairman and Secretary to enter into Change Order No.5 deducting the amount of $5,400.00 from said contract sett- ing contract price at $820,979.76. In all other respects contract remains unchanged. Adopted: 8-3-72 Motion was made by Jamison and seconded by Gutierrez authorizing the adoption of Resolution No. 2574. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Dudley, Blum, Blakely and Webster Noes: None Abstention: None Absent: McDaniel ~ I j 1 -...J OTHER BUSINESS: Mr. Quinn stated that copies of the ERA will be sent to all members very shortly. ADJOURNMENT: Motion was made by Jamison and seconded by Gutierrez to adjourn the meeting ~t 6:05 p.m. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Blum, Dudley, Blakely and Webster Noes: None Abstention: None Absent: McDaniel -., .....J REDEVrLOPi1[flT AGrrlCY or- THE CITY OF SAN BElHlAIWU:O, CALlrOlUHA Arr.mt1ATIVr ACTION pr;OGRJ\t'l \, Exhibit liB" to Reso 1 ution t~o. Z.m 2Slo~ '- 1. Prel il~li niH'Y nLlttcrs: A. Purpose and Application: The purpose of this policy in this part is to achieve the aims of the Civil Rights Act of 19f.8, Title VI flon-discrimination in Federally Assisted Programs, Title VIII Fair Housing, Title IX Pre- vention of Intimidation in Fair Housing Cases, and Executive Orders 11063 Equal Opportunity in Housing, 11246 and 11375 Equal Opportunity in Employment, along with Federal Register Volumn 35, Number 25, dated February 5, 1970 as amended, HUD Form 907, Instructions for Contractors Regarding Affirmative Action Under Executive Order 11246, a 11 of ItJhi ch are i ncl uded herei n, and made a part hereof. Thi s is '-'" for the promotion of inSul~ing Equal Oprortunity for all persons vJith- out regard to race, cclor, religion, sex or national origin. This program will cover employment within the staff of the Redevelopment Agency of the City of San Bernardino and vlith those contractors or sub-contractors performing under construction contracts which are directly related or indirectly related to any program, Federally or lbcally financed, within the jurisdiction of the Redevelopment Agency of the City of San Bernardino. This requirement is placed upon developers purchasing property from the Redevelopn~ent ^gency, and upon contractors doing work for such developers. r ~ The procedures set forth in the policy in this part, govern all disputes relative to a contractor's compliance with his obligations under the Equal Opportunity Clause regardless of whether or not his '-' , "",.. ,""' """"",,,,"' ~ ..-l ~. ""*",,j cont.rllCt. .contt1iI\~; iI t1Di~)pllt(P,,)t1 clause. Failure of a controctor or applicant to c0l1ij1ly with llllY provis"ion of the n~Clullltions ;n this part sha 11 be grounds for the iplposi tion of any or all of the sanctions authodzcd by the Ordel'. '- 2. Administrative Rcsponsil)ility: Under the general direction of the Chairnwn ilnd t'lembers of the 130arcl and tile Executive Director, the Equal Opportunity Officer is dele~ated authority and assigned responsibility for carrying out the responsibilities and has the power to issue rules and regula- tions of a general nature. All correspondence should be directed to: Equal Opportunity Officer Redevelopment Agency of the City of San Bernardino, California 300 North "D" Street, P.O. Dravler 392 San Bernardino, California 92401 3. Employment Solicjtations: All local minority nclt/spapers v:ill be utilized to solicitate ,- or advertise for qualified or potentially qualified personnel to fill vacancies within the Agency. These advertisements will state ......... that all qualified or potentially qualified applicants will re- ceive equal consideration for emploJ~ent without regard to race, creed, sex, color or national origin. 4. Bidders or Prospective Developers and Contractors: The Redevelopment Agency of the City of San Bernal~dino shall re- quire each bidder or prospective developer, prime contractor, and proposed subcontractol', \.jhel'e applicable, to state in the bid or at the outset of negotiations for the contract, \'Ihether it has participated in any previous contractors or sub-contracts subject to the equal opportunity clause; subject to Executive Orders 11246 r and 11375, as amended. This shall apply also tb those contractors , ) who are doing business with developers who have purchased land from the Redevelopment Agency. '-' ~ I .., ~ ~< ""'" A. AdditionJl Information Required: ( A bidder or prospective developer, prime contl~i\ctor or proposed sub:::contri1ctor, shall be rCCjui red to subl1li t l,ri th '- " {)id documents the orqi1niziltion's l\ffil~n1i1tive Action ProSJral11 and a list of ~lovern!1lcnt(\l contracts in VJhich this organization has previously participated. A prime contractor or sub- contractor who signs a contract with the Redevelopment Agency for any kind of project, whether it be construction, engineering, architectural or otherwise, assumes the obligations to take whatever affirmative actions are necessary to assure equal employment opportunity in all aspects of employment -j rrespect ive of race, creed, sex, color or national origin. It is expected that a contractor will carry out that part of his contract pertaining to equal employment opportunity with the same alllount of thought and action as he will any other part or parts of the '- contract. To do this, the contractor must have a program of Affirmative Action. The program must be tailol~ed to the area of San Bernardino and specifically to the conditions under which the Redevelopment Agency controls as well as the local labor market. It is expected that a contractor's Affirmative Action Program will include actions suited to carry out the principals listed in this J\ffirrnative Action Program. It shall sI:o\'/ that top fililnagement of the company intends to and I.Jill exert positive: effol~t to assure equal opportunity in employr.lcnt. To assure ~ '. compliance \'/itll equal employment opportunity the Affirmative Action Program will be required to be included in the bid documents. r '-' 5. Compliance by Labor Unions, Training and recruiting Agencies: The Redevelopment Agency of the City of San Cernardino, its Executive Director and Equal Opportunity Officer shall use their """^~ - ."", -' ~ 9cst efforts, directly ilncl t1lrou\jh ilgcncics, developers, contractors, sub-contractors, applicilnts, stiltc, local public and private agencies, and all otller ilvailable instrumentalities, to cause <lny .~ labor union, rccnJitil1~J and trainil19 il~J('ncy, or othel" representative of \':orkers, v/l10 Jre or nwy be cl19agcd in 'JOrk undor cantruct wi th the Hcdcvelopl11ent Agency, to cooperate \-/ith and to comply in the implementation of tile purpose of the Affirmative Action Program. 6. Goals: A. It is the intent of the Redevelopment Agency of the City of San Bernay'di no, its Governi ng Board, Oi rector and Staff, to promote its intended function for the ,'/hole of the City of San 8ernardino, and its citizens, the elimination of blighted areas, and the development of strong stable areas, to create economic growth and establish f"'" essential services, and to increase the modification or mod(rniza- \ tion of certain areas I'/ithin the City. t.1inority employment percentages for both Agency staff and all organizations under the jurisdiction of '- the Agency shall be based upon data developed for the corporate 1 imits of the City of San Gernardi no by the State Department of f-lul1lan Resources Development, ,.;hich shall be continuously updated, and \'l!Jich shall serve as basic minimum hiring levels to be reached as quickly as possible. At this adoption date, August 3, 1972 the Fourth Count 1970 U. S. Census proportions of 14.0% Black, 21.5% t'iexican American and 1.2% other races shall be utilized.) All organizations under the jurisdiction of the Redevelopm[;nt Agency including the J'I.gency staff \vill be encouraged to provide adequtlte training to employ all minority ,... personnel, to advance themselves vertically through the organization's , \~ structure to\<lard the hi ghcs t of posi tions. l '-" ,,"'- ~ .~ - -". B . E q u .11 ,r,"111111YI j(~ n tOp pi l\' t 1I n it. i c s : To enllilncc throWJh the I\ffinnotivc fIction Prourilm e(]tlLll employ- l'lent for t1lC' minority craftslllt'n, in those crafts that have little or no minodty pal'Ucipiltion \'lh,ltsoevcr, to create and promote '- equal opportunity rcquirrucnts and tri1inin~j and evalulltc other aspects of equal cIllploYl11cnt pro0\'CSS \'lithin the boundaries of said project areilS, as \'Iell as fair housing and in general, non- ,- discrimination and Federally assisted progrnms. 7. Delegation of /\uthority: The Executive Director of the Redevelopment r,qency of the City of San Bernardino, has delegated the authority to the Equal Oppor- tunity Offi eel' for a 11 [qua 1 Opportunity ^c ti ons. The authority delegated by the Executive Director, pursuant to the regulations in this part, shall be exercised under his general direction and control. 8. Administration: '- An administrative governing con~ittee shall be selected as folloVls: Not more than three (3) members of the Board of Directors of the Redevelopment ^gency as selected by the Chairman of , the Board, along with not more than two members selected from the mi nority community. Pursuant to nethods agreeabl e to both the Redevelopment Agency and the t-1i nor ity COIlil'littee in general. 9. Gd evances: I~ Grievances may be filed by any party signatory to this plan or by any individual directly or indirectly affected by this plan. Such grievances shall be submitted, in \'lriting, to the administrative \... committee. In the event the grievance cannot be resolved at that level" the administrative conmtittce shall submit the grievance to the noard of Directors of the Redevelopment Agency. .~ ~ ~ ~ " ......... )0. Duties of Equal Opportunity Officer: The Job Description for the Equal Opportunity Officer has been included as an exhibit to this Affirmative Action" Program. ~ '- r. "-' r it '-' ..-~ ~ -- ~ . FAIR r-JOUSING LPW AND OTHER FEDERAL '- CIVIL RIGHTS LAWS AND. EXECUTIVE OI<DERS RELATING TO THE PROGRAMS OF THE Us. DEPARTMENT OF HOUSiNG AND URBAN DEVELOP/VIENT EQLJAL OPPORTUNITY .. ""- lJ. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF EQUAL OPPORTUNITY WASHINGTON, D. C. 20410 PAGE FROM THE CIVIL RIGHTS ACT OF 1968: TITLE VIII . FAIR HOUSING 9 FROM THE CIVIL RIGHTS ACT OF 1968 TITLE IX . PREVENTION OF INTIMIDATION IN FAIR HOUSING CASES \ j 11 SUMMARY OF U. S. SUPREME COURT DECISION IN THE JONES v. MAYER CASE, JUNE 17,1968 13 FROM THE CIVIL RIGHTS ACT OF 1964: TITlE VI . NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS 15 EXECUTIVE ORDER 11063 EOUAL OPPORTUNI ry IN HOUSING 19 EXECUTIVE ORDERS 11246 AND 11375 EOUAL oPPornUNITY IN EMPLOYMENT "... ~ '-' t I I /'''~ ~ /ilI\ ....,; ~ r " "'- f'" ~ I '-" lop. \- . ) pro,taC6 Heroin are set forth those Federal la~s and e~ecutive ordors concernod ulth Civil Rights Which are or particular signiricance 1n the operations or th~ Departmont or Housing nnd Urhnn Devolop!ll{)nt. Xhera are other:.> \4hleh, although r$levant to HUD's activities, do not have tho impact that those do. In each 1nstnnce~ the text of the statute or c~ecutive order is preceded by_~_~~'rative sununary ~etting forth t}le more sip,nificant provisions. , . .~ ;'..;i~,,;., ~. ".'" ~ ~ --' ~ -. . I - ~ ,-- rn < "'" CIVIL RIGHTS ACT OF 1968 Title VIll Fair Housing '-' Title VIII states that it is the policy of the United States to provide, \viOlin constitutional limitat;(.ns, for fair housing throughout the United States. It places the authority and responsibility for administering the fair housing provisions on the Secretary of BUD. Title VIII directs the executive departments and agencies to adnlinister their programs and activities relating to housing and urban development in a manner affirmatively to further such purposes. It also directs the Secretary of BUD to adnlinister programs and activities relating to housing and urban development in a similar manner. . Title VIII prohibits discrinUnation in the sale or rental of dwellings (as defIned), discrimination in the financing of housing, blockbusting, and discriminatory advertising and makes it unlawful to deny any person access to, or membership or participation in, any multiple listing service or real estate brokers' organization for discrinlinatory reasons. The law is applicable in stages and ultimately applies to all dwellings except those which are specifically exempt Title VIII generally docs not apply to the sale or rental of a single-family house by a private indiVIdual owner who docs not ovm more than three such sin~Je-family houses at anyone time After December 31, 1969, the ,sale or rental of any such single. family home is exempted from the application of Title VIII only if it is sold or rented without the use of a broker and without discrinlinatory advertising. The act dnes not apply to rooms or units in dwellings containing living quarters occuplCd by no more than four fanUlies living independently of each other if the owner occupies one of such quarters as his residence Also exempted is the sale or rental of dwellings owned or operated by Ii religious organization, for other than a commeTClal purpose, to persons of the same religion unless membership in such religion is restricted on account ,)f race, color, or national origin. Neither does Title VIII prohibit a private club, not open to the public and providing lodging whIch It owns or operates for othe{ than commercial purposes. from linliting rental or occupancy to its members. Title VIII authoriz.es the Secretary of BUD to receive, investigate, and conciliate complaint5. The Secretary is directed to refer complaints to States or localities which have fair houslllg laws that provide rights and remedies substantially equivalent to those provided in Title VIIl. ,,( Persons injured by discriminatory housing practIces may institute private actions in State or Federal courts for injunctive relief. actual damages, and not more than $1,000 in punitivc damages Title VIII also authorizes the Attorney General to bring a civil action seekll1g injunctive relief or other order, in any appropriate United States DiSITlC! Court when he has reasonable cause to believe that any person or f,rouP of persons IS engar-ed in a pattern or practice of resistance to the full enjoyment of the rir.hts granted by Title VlII or that any group of persons has been denied any of thc rights granted by this Title and such denial raises an issue of gcncral public Importance ~ " ~ 1 r1- r ~ ~ ~. I'OI.ICY SYA1. flOt. It i,g t,h" policy of t11~ lJnitp,cl S(nt('!l to provillc, within constitutiollal hlllltntlUlls, for fall' housing throughout tIle United St.t.tffl. r>U'INITIO},'fj "- SEC. 802. As \IS1.d jn this tith~ (n) "Secretar)''' 1I}(~IIlS the Secretar)' of Housing IInd Urban Devel- opment.. (b) "J)\\,elliIlF" Illeans llllY buillling, structure, or portion thereof wh!ch is occupH'll liS, or de~il~nl'.d or illtelldl'd for OCCU'pIl':C)' ns, 1\.' reslllellce hy OIW or more fllllldH\S, anltallY VIHllllt Jlllld \\,111(,h IS otTereu for snl" or 'Il'n.se for the construrtion or )oC1ltion then.'.{)n of lIn)' such build inti, st rue! un', or portion t ht'll'of. (c) 'Ffllllily" includes fl single individual. (d) "Person" includes nile or more individullls, corporations, part- nerships, I\ssocintiolls, Inuor organi/,atiolls, legal repres.:llt~\lives, mutual companies, joint-stock c(Jmp:llli('~;. tru,;ts, ullilll:urporatcd or~;l- nizntions, trustees, trustees in llllnlu'uptcy. receivers, and flducillrles. (0) "To rent" includes to lea~,~, to sublease, to let and otherwise to grunt for II. consideration the right to occupy premises \let owned by the occupl\nt. (f) "Discriminatory housing pmctice:' means nn net thnt is unlawful under S(>,(',tion 804, 80!), or BOG. . (g) HStll.(('," mealts uny of the several Stutes, t1H~ District of Colum- bia, the Commonweal! h of Puerto Rico, or any of the territories und possessions of tho United Stales. En'Ecrl\'E DATES OF' CEHTAIN 1'IWIlI/lITlO},'S '-' SEC. 803. (l~) Subject to the provisions of subsection (b) und section 807, the prohibitions ngainst discrimination in the sale or rentnl of housinl! set fOl:th in section 801 shull flpply: (1) Upon enactment of this title, to-- (A) dwellings owne<l or operated by the Federd GO\"Cl'nmentj (B) d\\'cJlillh'S prodded ill whole or in part with the aid of loans, advances, t;rnnt,s, or contriuutiolls made bv the Federal Government, under ll{.;reelllC'nts entered into aft ,', ~ ol'ember 20, 1962, \mless payment clue then'on has been made in full prior to the date of enactment of t1:s till!', (C) dwellings provided in whole or in part by loans insured, guaranteed, or otherwise srnlred by t he credit of t)le Fe<lernl Gov- ernment, under at;recmenls entered into nfter ~oYember 20, 19G2, un]('ss payment ther(',()n has been made in full prior to the dute of enactment of this title' Pl"ovidf'd, Thut nothing rontained in sub- paragraphs (B) l\nd (C) of this slIbsection shall be upplirnble to dweJlings soleI v by virtue of the fact that they are suuject to mortgages held by an FDIC or F.':iLIC institution; and (D) dwellings 'provided by the development or the redc\'elop- ment of real propNt y purehaS<'d. rented, or 01 herwisc obtained from a Stllte or local publl<' ngellcy receiving Federal finnnciul assistance for slum clc,lrnnc'(' or urban rene\\'al with respect to such renl property Hndel' loan or gnlllt contrnds elltered into after NovemlX'r 20, H1G2. (2) After Dccemuer 31, 10C,8, to lIll dwellings covered by paragraph (1) and to nil other dwellil!~:s except as exempted by subsection (b). (b) Nothing in section 8M (otller thun subsectiun (f')) shall npply to-- (1) nny single-family hous!' sold or rented bYlln owner: Pro- tJided, Thnt such pri\'llte indiVldunl owner docs not own more thnn three such single, fnlllily houses at I\ny onc' time: Pr01',d"d fllrtlter, That in the case of the snle of any such single-family house, by a privnte ilHlividu:l.l owner not resilling in such house nt the time I,f suc,h saIl' or who wos not the mosl rrr.cnt resiclrnt of such honse' prior to such slIh', tI,e exc>mptioll grantl'll b~' this snbsection shall apply only with rrspN't to IlIle sneh ~;:de \\'jthin Ilny t\\'enty-fonr month pNiod: Pro1.,drd 1"1 'Iv r, That such bona fide privnte indi- vidunl owner dl~s Ilot OWII any Intl'rest in, nor is there owned or w.served on his hdllllf, under nny rxpress or voluntary nl~n~Clllrnt, title to o~ llny right to Idllll u. POI'lion of the proC{'(>.ds frolll the f'" \1:. ~ '-' 2 \ l YDle or FSLIC 1rust i tuti ~ Exemption.9 . .D ,-.....- r ""'" 1"'/ ~ ,if ...", ~ --' '-- flAIl' or rent 1\1 of lIlonl thl\ll t1lr0.-\ Bucll sillp;k,f"ipily hOIl<,Ml nt !lny ono till)!': j'rol.i,'/rll !w'fI,a. Thill n ff H ])\'C('lll!}{'r :11, 1 {lGU, the Bale or rentnl of (.II\, Bueh Hillglt-fllJ:lily h()Il~;H SlllllJ IX' ('xu'.pted from t.he nppli('ntion'of thi:l title only if :;uch 1IO\I""~ is suld or rCJ~(~'~ (A) without. tho IlSC in ll.llY I1lllllner of the sale:; or l"l.'lItal fncllltll~ or t.ho snll',~ or r<'lltld ~;rrvlcl'll of nil)' r<'ld ('.<;tnle hrolecr, !lgl'lI(, or s!lh's, man, or of laldl fl\cilit ie,~ or :;('n'in','i of nn)' !><,rson In the UIlSIlW,-\ of l;dling or r{':lt ill/' dwe::in:-.TS, ur of nny employee or !lgrnt of llllY Buch hr'llhr, nh'1.'nt~ f;r.!!'sl!1!lIl. or 1)(,1-S0l~ und (B) with?llt. tho publicJtf ion. po.<d itlg or lPlllllng, lIfter not ICe. of nn)' ad.ver~IS('rnl'nt or wrillpn notic(\ ill violation of sl'dion HOl(c) of thls tItle; but nothing in this proviso shrdl prol~ilJit th/lll"" of attorncys, e~row ag'Cn t,\, aos! l'!\cl{Jrs, ti t I (j com pH nit's. n 11<1 onwr ~uch professlOnul nssistnnco us IWcl'~~c;ary to pcrf!'ct or trnllsfcr the tlllc, or (2) moms Or units In dwrJlings containing' lidng f(llflr.t~rs occupIed or intend("l to I){I ()('cupil'd by no Il\l.'rl' than four f~llTlll,les living ind(')H'nd('nfly of each ot!l!'r. if the O\\'lil'r nd \I ally m:untallls and (){'('IlPIl" .lne of ~ul:.h Ii\' ing quarters as his n't:-idI'IH'C. (e) For tllll PUI})OS('I'; of sub~clion (b),1l perl'on shall he de,emw to be in the bmllucss 0 ,:dl,ing or Il~nt int: dwellings if- ..' (1) ho has, wlthlll I he pl\'('cd lug t \\ ('lye months, pa.rtlclpate'] as prlJl{>ipal in tbrt(. or 1I10ffl tr.lnsactions lI1"olving the sale or rental of nn)' dwcJling or nny int('rest therein, or (2) he hil'>, wllhin the prrcrdillg t"'cl\'e months, participated ns age!lt. other t hall In the f:a le, of his own personal re.~i~l'n(:e in pro. vldrng salN' ',1' rental f<u'IlrtH:S or sales or rental serVices In ~wo or more trnnsaMlOlIs in"oh'ing the sale or rentnl of any dweJlll1g or nny intNest thcr{'in, or (31 he is the owner of nn}' dwelling designcd or intended for occupancy bJ. or o<'A'upied by, fi\'e or more fumilies. r r( D16C"KDUN,\T10:-; IN TIlE SALE OR nENT.H. OF HOrSING S};c,.804-. As mado npplic.nblo by section 803 Hiid eXN'pt ns e~' 'npted by sectIOns 8()~ (ll) and 1',07 ,it shnll be un In w fu 1- (a) To n'fusc to sell or rent nftH the mnking of r. bonr. fide offer, or to refuse to ncgotiate for the sale or rental of, or otherwise makc un~v!\iIl\Llp or ~('ny, a dwelling to lIny pe:'son because of rrtce~ ('.Olor, religIOn, or n a t JOnul Ill'lgll1 (b) To discriminat(' agnlllst UIlY lwrson in the terms, conditIOns, or privilpges of sale' or rent nl of a dw'('1 ing, or In the provision of scrVlces or faHlitie." in connel't)l,n thereWIth, ~cl\use of rllee, eolor. religion, or nat.ional origin. (e) To make, prlllt. or publish. or ('fiUSC to be ma(ll" printed. or pub- lished any noti,'e, btntelllcnt. or ndvrrtisement. \lllll respect to the sale or relllul of a dwelling that lIIuiclltes nny preferenc.e. limitation, or discrimination based on ra"e, color, religic;n. or lI'tllUnnl origin, or nn intention to milk" all\ "Hcll prpfl'f('n<:c. limi{ation,or dlscriminntion. (d) To l'('pJ'{'~nt III an\, persr;ll I".cause of met'. color. rcligion, or national origin that all." (h\l'lIill~ IS not available for inspection, sale, or rental when such d\\\~lIillg IS In fact so available.. (e) For pro~il, to 1I1111\('e or attl'lIlpt to induce any pcrson 10 sell or rent any dwclllllg' by rel)n'sentllll()ll~ l'CO'arding the ('nli'Y or prospec' t.ive entrJ int" the Ileigh Xlrhond of It pe;:;;on or 'pl'l'sons of II particular race, color, reI igion, or IlntHJl,,, J origin. ......... r( \ , \.... DI8CHL\IlN \TlON IN DIE nNANTIKO OF llCll;SI);O SEC'. fiO!) .\fIN pf>f'emoer 31. l!H\R, it shall I~ unlawful for any bank, buil(l1ng IIl1d 101111 1l!'s<)('iatlOn. insurnnc(' l'Ollll'an)' or othcr cor. poration. llsso{'illtion, finn or l'ntl'rprisc wllOse bllsinl'ss ('onsists in whole 01' III pnrl 111 the malnll;: of "ollllll('rcinll'l!l\l ('stl~te lonn5, to deny a loan or other finan/"al I\ssiSllllll'(' to n pt'rsOIl IlI'J.l)'ing tlwrdor for the purpose of }>urdlllslllg. ('011'-;1 nldillg, 1111\,1'0- lllg. n'plllrin~. or mailltnining'n ((",piling. or to disc rillllllall' 1\g'I\ill<;1 Illm III the fixing of the nmollllt, interpst raIl', durat inn or othpl' tel'lll" or ('ollrlitionsof Iluch 10lln or (It her finltJH'illi "S~lst 1I1"'1~. 1>i'CUIISl' of ,he n\l',e, "0101'. reo ligion, or Ilnti",1l111 origlll 01 "\II'll IH'J "'"I III" of llllV l)('r~1l ns~iltte<l with him ill !'Ollllf'd ion will. Slid, 10I1ll or ollll'r fillallriall\Ssistllnre or t.he pur\,()~;('!' of s\J('h IOIHl or 0111('1' fillllllC'iullIssist 1\ II (:l" or of t be llres~nt or pro.',})('dl 1'(1 OWIWrs. Ip.<;S('es, I f'IlIlIlIS, or 0('("11 punt.s of tbe d we 1 ing or 3 r~"'.'- ~:""'"'''',~",-,_", r~ ;0<, i1: ,/01 If,Kif ~'fjj,,,*~~1r;;.;ffl~;:~:::",;:;'::;:C::-- ,-., fJ!".' ~ """"" ~ -, r dwolJinr::l'I in ~llltion 10 whidl ':lIch lonn or othl'r Iinl\l\l'jn.ll\lO.qi::tnn~o is 10 ho mlldo or given: !'r'Vl'id,.d ThIll llothiJl"- COJllnilll.d in Ihis l~ ! ion s~IlII impn ir t h(, ~;COp(' or 1.1T,:c{ i \,plll'.',S of ('1H~ eXCl'ptioll c.olllliilH~d )1\ ~CIIOIl 80:\ (I, ) . 11I6CHJ:\J1N,\TION IN TIn; \'}{onf;JON OF IIHOI\nl.\(l~; 1i~:Hncn; '- SEC. ROr,. .\ftp)' DeCl'lllhel' :11, I%fl, it shnlllK' \I1l11l\\'flll to dt'IlY nllY perS?nllccess 1001' l11Clill,l'l;ship (ll: pill.iicipl\tion ill nll~' Jllu1tipk:1i~;(.jng son'lce, relll ('.slnte brol;<'.):; Ol'/!nlllznt lOll 01' other :,f'r\'l('l', orgnlll7.lItlOll, 01' fndlil)' rl'llllilll! to thl' bnsiIH':,S of ,.c.lling or J't':lling' (h\'l.lling,:, 'or to discrilll;llnte ng1linst him ill t ht' IHIlIS OJ' condit iOlls (,f 5\H'.h ncc-ess, Jllellll~!':;hip, OJ' jlH!'t icipnt ion, 011 11(.'COllll( of me(', color, religioll, or ullljonnlorigill. J:XE~! \rrJON SEC. 807. Kothing in this titlCl shnll prohibit. u nligious orgnllizn- tio!l,1lssocint.ion, or societ y, or 1\ n V non profit i list it" t ion or orgnllJznt ion opernted) !iupcrvised or c(;ntrollt'~l by or in conjunetion with n. \'('Iigious organizatioll, ns.sociation) or society, from limiting the sale, rental or occupancy of dwellings which it owns or opernte!:! for other than It ('ommerclnl purpose to persons of lhe same religioll, OJ' from givillg preference' 10 such persons, \I111pss membership ill sueh religion is re- stricted on fiCCm\nt of race, color, or national nrigin. Nor shall allY- thing in this titlG 'prohibit II private club not. in fnet oppn to the public, which ns nn inciilent to its prirnnrv j)urpose or purpoc.:"s provides lodgings wldch it o\\'ns or operates for'ot 1('1' th1ln a commercinl purpose, from limiting the rental or occupancy of snch 10dginf,'"S to its membtl'3 or from giving preference to its memLprs. . AD)!INI8TIU TION r SEC. 808. (n) The aut.horitv nnd responsibility for administering this Act shnll be in t.he Secreta'ry of Housing find Urban Development. (b) The Depnrtment of Housing and urban Development shnll be provIded an addil ;,)nl\l Assistant Secretnry, The Department of Hous- mg and Prhnn IJcvelopment Act (Public Law 89-174,79 Stnt. 667) is hereby amended by- (1) striking the word ((four,)! in SOCt.iC"l 4(0.) of said Act (79 Stat.. 6G8; 5 n.s.C'. 624b(a)) Il.nd substituting therefor "fi\'e,"j and (2) striking the word ((six," in section 7 of snid Act (79 Stn.t. 669; 5 V,S.C. 624 (c) ) lmd substituting therefor ((seven." (c) The Soc.re,tHrv mn.y del~gat~ nny of his functions, duties, nnd powers to employec-s of tlw IYcpnrtment of Housing n.nd Urbnn Devel- opment or to boards of such emplo,}'('{'i1, including functions, duties, find powers with resfX"Ct. to inve.st.iglltlllg, conciliating) hen.ring, determin- mg, ordering, certifying, reporting, or otherwise ncting us to !In)' work, businet:S, or mr..tt< r und0r ~llis t.itle. The persons to whom such delega- tions Il.ro mll.de with re.<;ped to hearing func.tions, duties, nnd powers s}Jn.lI be l1ppointoo and shnll f>€>rve in the Del!artment of Housing and Urban Dcve.lopmcnt. in compliance \\'ith sectIons 31OG, 3:i44, 5362, Ilnd 7521 of title 5 of the United Stat('S Code. Insof!lr ns possible, concilia- tion meetings shnl! be held in the. cities or other Iocnlit.ies \\'hero the dis. criminatory housing pru.('.tic~-s nllegl'<lIy ()(',cllrrod. The SeeretR'1' shnll by rulC\ pl'C6CriLe such rights of llppNd from thE' deciSIOns of his henr- ing oxaminers to other hearing exumin('\'3 or to other' offic.er'3 in t.ho Deparlment, to bourds of officers or to himself, liS shall be upproprinte and inllccordnnce with law. (d) All cxecut iV(I (](..pnriments nnd ngencil's sl1fill administer their progrnms !\nd nctivlties rdnting to housing nnJ uronn development in a mll.nller !\ffirmutively to further the. purposes of this title nncl shall cooperate with the Secretllry to further such puq;OSl's. (e) The Secretary of HOllsing ancl UrlJl\n D(weloplllcnt shnIl- (1) make studies with resped to the nature nnd extent of dis- crimlllu(ory housillf\ practi(.('g in repre,<;enfllli\,(J communities, urbull, suhurban, nlld I'uml) throughout tlm U/lit('\~ Stnt.es; (2) puLlhlr ~.nd- ctissrlnina((\ reportH, H'commcrHlu.tions, and informat.ion deriYC<! from !;U('h !it\l<licsj . (3) <"-<>operate. with and l\'n(ler technical nssistunro to ~~l,{~...-.l State) )ocnl, nnd olhH public or !l\'ivlIte ngencil's, orrnniZl\tions, and in~titlltion!l whielJ !\I'C formu Ilting or currying or'\ progrllmii '- ,..., $ "-' 4 'f r, ) Authority anct rasponsiblli ty. Assistant Seore- tary. 42 use 3533. 42 use 3535. Delegation of authority. 80 Stat. 415, 528. .D' 1 ....,. .~ I ~ ,.. ~ ....., ~ to pro\'('nt or (,ji,nin:d"dJ'U:-rJlIllllfttol'.I' JI(l\l,qni~ )JP,r!I(,(\'; . (4) cO<Jpn::f(' ,...itL I\!ld r1:'!l~!l'r l11ch tpdlllJi'ld IlIH! other nSl~l!;t- nIH',('. to Ihl' ('Olllllll:llil \' Iielnt!oll!\ ~,(,l'\'il'" ns IIlny lj{\ l\.1~ll1"(~pr,llLto to fllrthcl: itl; ll.ti...il i,':; in JHY\l'lIting or di!liinalilll:{ I 1:.J(~rlmlll!l.- to~' hOllsll'l: j'l'L:t ie,,!; j lLln! . :,) llUlllilli.,,(cr tho pr(~I;rlLmS hn<lncti,l"itl('S,I'Clldil1g to hOUSIllI{ 11114 lIrlllln dl'\'(']I'pnJ\'lIt III n IIWlIl1('r IlOlnnldll'dy to f\ll111e1' the polieies of thi!; Illk. " un:C.ITlOH ANll CONCII.IATION SEC, ROO. Immu] iatdy llftyr the Pl1n('lnwl,l~ of {hi!, titJe.tJ,le Sl'-c\et: rJ shnl! COlllllH'lICC such educlltlOl1al alld ('O!lcllllltory nctlVltleg I\S 111 Jus judgmel1t \\'ill fl,lrther thellll1J;osC'$ of this title: l!e shall cnll co~,fer' CI1Ce.~ of i'en'(JI1;; 1Il the housll1/; In(lu~try nnd other Illten~stN partIes to nccl'willt th(1:: ,,'it}1 the provi,;ioll!\ of this t,itl('.'l.Ij(~ l,is s~gbresttclll1G<lII<; of ImJ>l(,Hl('lJt)"'i~ It, ancl ~:hfcll ('lHkavor WIth thelr advIce to \\'ork out progr~Il1S of \'olulltnry complilt!lc(I Itwl of cnfol'1:('rncnt. He ma)' p'l\)' per dlcm, tr.llvel, nnd trnnsportation expenses for persons ntt(,lll~lJ)g Bueh confC[('!le-c}; as provided in scdioll 5703 of tith.1 :I of the Ul1lted 80 Stilt. 499. StK(C,'3 Code. lIe shall cOll:;ult with State and local onlcials and other interested parties to leal'Jl the extent, if any, 10 which housing (lis- crimination exists III their Stllte or locality, find whether nnd how State. or. ]o;:nl ~nfc~rcement p,rogrn,ms l1lif~ht be utilized to coml>a~ such dis- Cl'Immatlon III c.onnedlOll With or 111 plaC(', of, the Se.cretl'.ry's enforce- Reports on ment of this titll' TIll' Secreta ry shall issue reports on such conferences conferenou. and cOllsultations as he dCkms appJ'()printe. ENFORCEMENT r- ( Complaintn. SEC. 810. (n) An)' person \\'ho claims to hnve been injured by II. Proc.dure fOI" discriminn.tory hOUS111({ prnctice. or who bcliHl!; that he will be irrev- filing. ocably il,jurcd by 1\ dlsc1'imilH~(ory housing pl'l1ctice thll.~ is aJ:out to occur (herc~a.fte.r "person fif"!,'TleV<.i.l") may iile a co:nplamt With the Secretary. Complamts shnll be in writing nnd shnll contain such infor- matioll and 00. in such form as the Se'~retl~n' requires. tTpon receipt of such l\. complnmt the Secretnry shall furnIsh n copy of the same to the p0rson or perwns who allegedly committed or are. nb:)\.\t to commit the al~cgcd discrimin,ntory h~usi,ng p,rncti;'c, IVithin thi::y ~ay~ after re- cNvlllg l\. complalllt, or wlthm tblrty G:LlS !decr the CXplrntlOn of an,)' period of reference under subsection (e) I the Secretary shnll investi- gate. the complaint and give notice in writing to the person flggrieved whether he intends to resolve it. If the Secretnry decides to resolve the complnint, he shnll proceed to try to eliminnte or correct the alleged discriminr.tory hOUSlllg practice uy informnl methods of conference, conciliation, and persunslOn. Nothing r,aid or done in the course of such informul ende.a..\'ors l1Iuy be; made, public or used as eVIdence in a. sub- sequent proeeeding under this title without thc' written consent of the Penalty. person~ eon('crned. Any employce of the Secrctary who shull make public llny information in VIOlation of this provision shfill be deemed guilty of a misdC'lJ)ellnOr find upon conviction tlH'l'l'{)f shnll be fined not more thnn S1,CXJO or imprisolH'u llOt more than one year. (b) A complaint under subsection (n) shfill be filed within one hundred and <,ightV days nft('r t1w ILllq..,red discrimll1fitory housing prficticc o('currc<l ('omplllinl.: shall lX\ in Writing and shnll state the incts IIpon which the Idh'gatiolls of It discriminnt()ry housing pructice nre bnseu, Complaints ma~' be reasonably and fairly amended lit nny time. A r<,.'iponJent may hIe an answer to tll(l fOmplltint ngninst him ~nd with the lellve of the Sec!,etu.ry, which slHlll be gr,allted whenever I~ would b<, rcnsollal,le alld flur to do so, mn)' nmPlld llls answer fit any time, Bot h complalllts find nl1swcrs shalll>e \'('.ri ficd. (c) 'Wherever 11 Stult~ or local fILir housing IlL\\' provldcs rights nnd tenwdil's for nlll'{~\'d diSo'.'rilllinntory housing' prac( ic<'s which nre sub- stnntially NjUIVa ent to the rights Itnd rcmedi<,..'; provided in this title, the Secretary shnlJ notify tIll} appro/lriate StfitC or loml agency of nllY eomplaiJlt fibl undl'!' this title w lich Ilpp<,nrs to constitut€ II vio- )ntion of such State or lO(,lll fnir housillg' In\\', !lnd the Sccretnry shall tnke no further net ion \\'itu resp{'et to such comjlll\lnt if t 1)('. nppropriate Stille or locallfi\\' l'nfOl'('('ml'llt onicild hilS, wit IiI! rhirty days frolll the dnt.(\ the nllef-.'1'd oli'PllSl.I hfis been brought to Jill'! attelltion, commenced proecedillg,; In the Jllllttel" or, having done so, cltlTie..<; forward stich pro- '-' 5 ,...,. I "yt .~ ,-' ~. l.NVESTlO.\'-ION6 i l;t:Jn'EN .\A i GIVING OF F.VlDEXCE SEC. 811. (n) In conducting nn invcstigntion the Secretary shall Recorda and hnve access at all reasonable times to r.remiscs, records, documents, in- docW!lents, dividuals, and otlwr evidence or pOSSible sourrcs of evidencc and may access. eXll.mine, record, lInd copy such materials and takc find record the testimony or statements of such persons us fire reasonably ncce5sary for the furthcrnnce of fill' ill\'estil!at ion: ProlJided. hOlCet"cr. That the Sec- l-etary first complies with the provisions of thl' Fourth Amenument re- lating to unreasli:lable searches ltnu seizures. The Secretary may issuo Subpenas. subpenlls to ('om pel his :\{'cess to or the production of such materials, or the appearance of such persolls, nnu may issue int(~rrogatofies to 1\ respondent, to the same extrnt. and subjpct to the same limitations as would npply if (he subpenns c,r intrrrog:ltorirs were issued or served in l\1d of a civillwtion in th(\ United Stntes district. COlll't for the district in which the investigation is tnking place. The Secrrtary may admin- ister on ths. (b) Upon written application to the Socrcln!'y, n respondent shall he entitled to the issuance of a rensonablr number of subpenas by alltl in the nllme of tl1(\ Secretary to the snme extent ant! subjed to the snme limitntiolls IlS subl'enns Is-surd by the Secretnry himself. Sub- penas issued nt the rE>quE'sl of a rrspondent shall show on their fae'e the name nnd addr!'5-" of such fespondent ulld shall state that they were isslled ut his requr,st. (e.) 'Vitllrsses sumlnolwd by subpl'lIa of the Secretary shall be Witnesses, entitled to the snme witness all<1 mileage fees as nre witnes..o;es in pro- comp~nDnt1on. <<'eedin~ in United StateB dlst rid com! s. Fees pfiynble to n witness 'iummoned by a subl'!'na Is~u!'d at the re(Juest of ll. respondent shull 1>0 paid by him. (d) 'Vit.hin fi,'(' dnys after servin' of It subpena upon I\ny ,)erson, SUdl person lllay petit.ion the Sll<'retllfY .tl! revokr or modify t Ie sub- pena. The Secretary sllllll grant the petlt.lon If h(\ tinds thn!. the sub- JX"nll. rrquires npp(.arancr or ntlendalH'l' I1.t nil unreasonllble time or pll\.('e, that it fe<!Ilin's production of eVlden<'.e which dO<'s not relate to nny mattl'T under inYl'stigatlon. that. it does not describe with suf1icient pnrticull\rity thu evide.nec to be produced, that compllallcc would be undllly onerous, or for oth!'r good f\'nson. (e) In case of ('ont UIIIH!"y O!' ("t'fusul to obey a suhpena, the S('.r.rdary or other person nt whose rNjUest It WllS Issu('d ITlUY petition for itg r f \.. ('('('dill~!l with rc'f\wllnhlc prtllnptrH',<;i\. Tn no r\'l'llt. Hhllll th(\ S(,,-'rl'lllry tnk" furtl",!, ndioll unlf'~-!l ho ('el1ili('!l thllt in I,i: judfllH'IlI, ullcler thll ('ir(,IlIlH;tnIH'(,~,"f 11111 pll11 iculnr cn~;(', 11111 prol('cr ion 0 till) righls of thll pn rt irH (II' the jilt ('rrsl s (If j Il~t.ic(~ '"l'q u i /'(~ ~uc.h I'd ion. . (<I) If within thid}' dllY~ nelrl' II complninl i!-l filed wllh the Secre- tary or withil! Ihirty ;11\'y~nfler expirat.ion of nil)' l}(\riod of !'dcn'IH'6 ull(1cr 8ub5(.('t lOll (('), I h(\ ~re("d II r)' Ims 1){'('1l ullable to obt.l\ln \'olun* tn!')' compliance wilh Ihis titll', Ihr. pel'S<'lI lln~rjl'vcd 11111)', within tllirty dillS th('n'afll'l", ('()llllllPIIC(' II Civil l1l'lioll ill nny npprllprinte United. Stnks di~;t riel. ('ourt, agaillst the ""~P()llclCIlt. Ilnmet!. ill .the compll\lIIl, 10 ('Ilforc(' ,lIP rigllls ('ntllled or protrclrt! by tlWl tltlr, insofnr llS ~:U,.}I l'i/..:)Ils relate to Ihl' ;u!ljl'c! of tbl' cOlllplnint: Providr:d, 1'hnt 110 such civil actio II III II V Ill'. brolll.:;ht ill an)" Unile(1 States Ilistrict eourt if the ]>rr,.nll agl~rjl'\"I'~1 has n juclieilll l"I'IIH.;1y under n Stllte or local fnir hO\l~.ill" law which provides ril'hts nlHl n:llwdil's for nllrged d iscrirn i.n n lI))'y I:;lusill g . pracl jl'~S \\J ~ iell' ~ J'C .\1 b,~ n lit in Il X ('qui valent to tI,(\ l'lgllls llllel r!'nledws provlcl\'cllll tIllS (,,]e. Such 1\cl.lOns may 1m bl'OlIghtwjjhuut r{'l~nrd to the 111lHlllllt in cOlltrO\'l'rsy in nn)' lTnited State".s distriel court for the (listrid in which the; discriminatory hous- ing practice is alleged to hl\ve O(TIlITC.(1 or be noout to occllr or in which the respondent rrsicl. s or trnnsads business. If the court finds that a di!;criminatory housing plHclie(\ has ()C('uITed or is nbout to occur, tho court. may, subject to tile !)rovisions of section 812, enjoin the respondent from engaging in suc I pmctice or order such aflirma- tive nction fiS mil)' be nppropriate. (e) In nny proceeding brou[.;ht pursuant to this section, the burden of proof shall be 011 the complainant.. (f) Whl'ncve;r nn nction filet! by an individ\llll, in either Federul or State court, purslIlInt. to this section or section fH2, shall come to trial the Secretary shall immedil\t.ely terminat.c llll efforls to obtain voluntary compliunce. (" -'- ,..... t # ~ 6 COIlYMnCQmont or o1v11 ncUons. D "D .~~~1 !- , <V'"", ....' ..... ~ .."." ~ '-~/ ,.... failure to tutHy, penalty, ""'-" ~~ ( "-' Civil notion w1 thout fees, .to. Damages, 11m1- te.tion. f"( ~ r.nfo!Tl'lIlclIl in tho Unite(l Stut,'.'1 <IiHfrid COlli!. for the diRtrict in which Ihe pen,on 10 whom 1Ill' !iuhp,,'nl~ WII!! uddrt.~;('Al !'WidcH, \VII!! l;crvcd, or I rHn~;ndll bIlSilles.'i. . . . (1) Any l>t'!;-;Oll who willfully fHlls or IH'gleds to ntlcnd nnd tc~tlfy or to l\liswer l\ll.Y IHwful inqlliry or 10 produ('{\ n,<,ords, <IO<:IIII\(,lItS, or ot}H'r c\'id('.IIC~1 if in Iii:; power to <10 W, in olx',{liellcO 10 thc sllbprnll or lawful ordrr of Ill\' S('i'rdnry, ~hall h('. flllcd 1I0t morc than $1,000 or imprisoned 1l0\' morl' than oiHl )'cllr, or both. AllY person who, with in(,('nt.thel\'by to mdl'lId I}ll\ S('crrtnry, dud] mn!;c or Cl\1I5r.to bc I11ndo nny fRb:l entry or :i(ntcnJ('l\1. of fnet in nny report, tU~count, rc('()rd, or other docunH'nt suhmi!tl.d 10 Iht) Sl'cretnry Jl\ll~uallt to his subpena or othl'r orlic.r, or shall willfully 11('(ylc,('(, or fnil to make or CllIlSO to 00 mncle full, Inlc, nnd correct ;'lItri;s in such r(,p01't5, n<:counls, 1'1'(' ords, or otlH'r clo(,Ulllel1ts, or slHlIl will flllly Illut ilate', nlter, or by Il.ny other 11)1'1\11:; fllL;ifv I,n\, <loc\lll1cntary evidcnce, shaJJ Le fined not more thnn ~~I ,000 or illlj)l'j~;lll(1(1 not more thllll one )'CHr, or both. (g) Tho Attorne)' (;cllcrlll shaH conduct llll litiglltion in whieh the Secretary participltte~ IlS It }lnrty or flS amicus }lUThUllnt. to this Act.. ENrOllc~::r.n;NT BY rItIVAn~ I'EH80N8 SEe. 81~. (~t) Tlw ri{?hts grnnted by sections 803, 804 805, nnd 806 may bo enforced by cinlnctlOlls iIlll.ppropriate United SIr,leS district courts without regard to the llmOUllt in cOlllro\"(.'rsy [lI1d in appropriate State or locaJ COUI1s of [(eneraJ jurisdiction. A civil nction shall be commenccd within 01lt' hundred Ilnd eighty dnys after the alleged dis- ('.riminll.tory housing prnc.tlce oee-ul'red: Provided, lWlOever, That the court shaJJ continue such civiJ case brought pursuant to this ::;ection or section 810( d) from time to time before bringing it to trial if the court believes that the concilintion efforts of the Secretnry or R. Stnte or local IIb't'IlCY llro likely to n',;ult in sntisfnctory settlement of the dis- criminatory housing practice eomplnined of in the complaint. made to the &ATctary or to the locnl or State ngeney llnd which practice forms the basis for the llctioll in courl: And prot'ided, hO'lOever, Thnt any Bale, encumbrnncc, or rental consummnted prior to the issunnl'c of any court order issu<:d under the nutllOrity of this Act, nnd involving a bona. fido purchaser, encumbraIlccr, or tell<Ult. without M'tual notice of the existence of the filing of a complaint or civil action under the provisions of till.'! Ad shaJl not be Il.ITected. (b) Upon npplication hy the plnintiff and III sueh ClrcumstnllcPS ns the court may dccm just, 11 court of the United States in which a "l\'il action under this sC'Ction hns been brought mllY appoint all nttomey for the plaintiff and may nuthorizo the cOll1mcnc(~ment of It cilVil action upon proper showing without th~ payment of fecs, costs, or security. A court of a. State or subdivision thereof mllY do likewise to the extent not inconsiste.nt with the law or procedures of the State or subdivision. (c) The court mny grant as relief, ns it dCl'ms nppropl'inte, any permanent or temporary IlljUI1I'tioll, temporary rt'stmining order, or other order, and DUlY a'\"llrd to the plaintiff llc.lunl dnmnges llnd not more t.l11m $1,000 puniti\'c damages, togethu With (,Ol1rt costs and reasonable llttOl1\C'y fees III the Cllse of a prevniling plaint i ff Provided, That. the sa.id plllllltiff in the opinion of the court is not financially abla to assume -mid llttorney's fees. ENFORCEMENT llY TIlE ATTOHNEY m:N EllA I, SEC. 813, (a) \Vhcllcver the .\.ltorn(~y Geneml has rensonnble ('ause to believe that allY rX'rsoll or group of persons is en~Tfiged III II p-a.ttPn! or practiec of re.sistn.nco to the full enjoyment of nny of the rights grant.ed by this title, or Ibat any ';rollp of )lCl'Wn!! hIlS bren denied any of the rigllts grnnteJ by this lit~e and sHch d<:lIia) misc.'! an issue of general public. importl\1lc..e, he mllY bring IL civil act lOll in Ilny appro- priate United Stat.e.'! distric.t court by filing with it 1\ (,'()lTll,bulll setting forth the facts Itlld requp.sting !;Hc.h preventive relil'f. IJlcluding an applicat.ion for It pcrmal\l'nt or tl'mpornry injul1C't IlIn, I'cstminingo ordor, or other onler agnilJst the p('~n or IX; I'll 0 liS n'sp:'l1siblo for fiuch pattern or prnct i('c or denial of I'Ights, fiS hl\ dl'('lllS IJl'Cessnry to insure tho full OllJOYIIICllt. of the right:; grunted by tJ,is title 7 '" """ ~- .~ .....". ...... ~, ~ ( "- EXPEDITION OF l'nOCf;EDINGS SEO. 811. Anv court in which n proceeding is instituted under section 812 or 813 of this title shall r~S3ign the case for hearinl]' at the earliest practicable d~ und cause the case to be in every way ~pedited. mECT ON STATE LAWS ""... SEC. 815. Xothing in this title shILl! be construed to invalidate or limit an;r law of n State or political subdivision of a. State, or of any other jurisdiction in which this title shull be effective, thnt grunts, guarnntees, or protects the same rights liS are grnnted by this title; but any law of n State, n political subdivision, or other such jurisdic- tion thut purports to require or permit nny nction that would be II. discriminll.tory housing prnctice under this tItle shall to tho.t extent be invalid. COOPERATION WITIr ST.\TE .\XD LOCAL AGENCIES AD~I:;IS1'ERIXG FAll! Horsuw LA W8 ........ SEC. 816. The Secretary mny coopernte with St.llte and localngellcies chnrged with the admilllstrntion of Stnt{l Rnd local fnir housing laws and, with the consent of such ngencies, utilize the services of such agencies nnd their employees and, notwithstanding nny other provision of law, may reimburse sllch agencies and their employees for services rendered to assist him in carrYIng out this title. In furthernnce of such cooperntive elforts, the Secretary may enter into written agreements with such State or local ageneies. All agrC"ements and tenninations thereof shalll.Je puoliBhed in the Federal Hegister. INTF.Rn:RF.N'CE, COERCION', OR I N'Tn!lDATlO~ SEC. 817. It shal! bn unlawful to coerce, intimidate, threl\trn, or inter- fere with nllY person in the exercise or enjoyment of. or on nccount of his lun"in:; cxercil'<~ or enjoyed, or on IICCOUllt of his huving l\ided or encoul1lged any other person in t he exer(,l~e or enjoyment of, nny right grnnted or PI"ote<;tcd by ~'.('ction 80;), 804, 805, or 80G. This sect ion lnl\.,r Ixl enforced oJ' nppropriate civil actlOlI. Al'l'ROI'JUATIONS SEC. R18. There lire hereby nuthorized to be nppropriated such sums ns are necessary to cllrry OUL the purposes of this title. 6El'ARAnlUTY OF I'ROVISIONS ,...... SEe: 819. If nny provision or this tith. or the nppliro.tion thcre{)f to llny person or eirculllstnncc.'i is held invnlid, tho n'mninder of tho title Dna the npplicntion of the provision to otllllr I){~rson!l not similnrly lii.tuate.u or to other cin:u/Ilstllnees shnllllot Oe nffN:tl'u thereby. '- 8 ) Publication in Federal Register. ~. ~ .. ~ , _/ ~ ~' ,....., ~' ,- .......... \, ,..... - ., Pennlty. ~ '. ------ -t r- In - >< CML RIGHTS ACf OF 1968 Title IX Prevention of Intimidntion in Fdr Housing Cases Title IX prohibits the willful or attempted injury, intimidation, or interference with any person because of his race, color, religion, or national origin who is selling, purchasing, renting, fmancing, occupying, or contracting, or negotiating for thc salc, purchase, rent;tl, fmancing or occupation of any dwelling, or applying for or part :cipatin[; in any scrvic~. organization, or facility relating to the business of selling or renting dwellings. Title IX carries a penalty of a fme of not more than $1,00-::>, or imprisonment of not more than onc year, or both. If bodily injury results, the fine is not morc t.han $10,000, or impriso:l!nent for not more than 10 years, or both. If death results the penalty is imprisonment for any tenn of years or for life. Sl:C. 901. 'Whoever, whether or not acting under color of law, by force or threat of force ,villfuJl..v injures, intimidates or interferes with, 01' attempts t(> injure, intimIdate or l11terfere with- (u) allY person because of his race, eolor, religion or nationo.l origin and b,'C1Wse he is or has lk~en selling, purcll!t:;ing, renting, financing, occupying, or contl1lPt ing or negot ia.ting for the sale, purchase, rental, financing or occuplltion of any dwelling, 01' applying for or participating in any ~rvic(', orgllnizntion, or facility relating to the buslJ1ess of selling or renting dwellings; or (b) uny person because ho is or hns been, or in order to intimi- dl\te such person or any othe!" pcn;on or any class of persons from- (1) participating, without discrimination on account of race) color, religion or llational origin, in any of the activities, oorVlCes, organizntions or facilities described in subsection 901(a) j or (~) affording .alwl her p<'>~n. or class of persons oppor- tUnity or protection so to partlclpnte; or (c) any citizen O('Cl\use 110 is or hl\.S been, or in order to dis- COU1'o.gn such citizen or any other citizen from In wfully aiding or encouraging other persons to participate, WIthout discrimination on account of race, color, rl'bgion or nationltl nrigin, in any of the activities, service,,>, Ort;ltlllZlllions or flU' . LIes described in Bubsection nOl (n.), or pll.rticlrJl~ling lawfully In speech or peaceful n.sscmbly oppooing any denlfll of tho oPlx,rlUJ1lty to 50 po.rtiei- pat&- shall 00 finpd not more tlwn $1,000, or imprisoned not more tllnn ono year, or both; and if bodily injury 1'\.~sulL'l 8hl\11 l.w tilH""lnot more thun $10,000, or imprisoned not more Ill!ln t.('n Yl'ars, or both; and if death results shl\1J be Buojed 10 imprisonment for uny term of yenrs or for life. 9 . , ~ .'1\ -. ~ """"" ~. ~ ~'I<~ \. ......... ,...... ....... ( r" '-" ... ..'.-.............. "''''l''''li. :' ""',:~~ The Jones v. Mayer Case Decision On Junc 17, 1968, the Supreme Court of the United States held that a provisIOn of the Civil Right~ Statute enacted by Congress in 1866 (42 U.S.c. 1982) "hars all racial discTlffilllatJOn, private as well as public, in the sale or rental ot property" Accordingly, the Court ruled that the racially motivated refusal of a private suburban residential developer to sell a home to a Negro contravenes the 1866 Federal statute In June 1965, petitioners, Mr Jones, a Negro and lu~ wife, in consequence of an advertisement in the Sf. loUIS Post.Dispatch went III a subdivision known as Paddock Woods in Sf. Louis lounty MJ\~l'lJl III llrder to cOf1~!der the purchase of a IIII and house as a home for themselves After II1specting the display houses,' pehtHJJ1erS decided that a pal tleular model hOllse was well SUited to thelT personal needs, convenient to their places of employment With a Federal agency, and within their financial range Paddock Woods is a subdiVIsion WIth the usual fringe benefits, owned and developed by respondents, cOllSlstmg of two corporations each under the control of ~lfred H, Mayer who also is a licensed real estate broker. Anel petitioners had pIcked out a lot and house which they wished to order and purchase in the Paddock Woods community the respondent& refused to sell them the house and lot because of the fact that Mr. Jones IS a Negro and it was the respondent's general policy not to sell said house& alld lots to Negroes. In September 1965, petilloners filed a complamt in the Federal DlstTlct Court for the Eastern District of Missouri alleging that respondents had reI used to sell them a home for the sole reason that petitioner Joseph Lee Jones was" Negro Relying in part upon a proviSIOn of the 18(>6 statute the petitIOners prayed for S50 ordinary dl1mar,es, $10,000 punitIve damages and mandatory Injunctive relief TIIC Distnct Court, on respondent's mution dismissed the complaJllt for failure III state a cause of actIOn, On appeal, th(' Eii!.hth Circuit COUlt 01 J\ppcals affirmed dlsnussal of the complaint concludiniC that Section I (}l);? ilPphes \)nly to State actIOn and docs not reach private refusals to sell. The CirCUit Court stated however, that "it would (lot be too surpllsing if the Supr('mc Court one day were to hold that a court errs when It dismisses a complalllt of tillS kmd .. The Supreme Court waS calkd upon to determine the scope and constitutIOn- ality of the 1866 statute under till' facts and ClTCllmstanccs of this case Section )982 provides that. ' "AI/ citizens of the Unitrd Slatcs shall hm,/:" :he same riKllt, in Cl'en' State and 1 ern tor.... as is enjoyed by whitr citIzens lhereof to inllen't, purchase, lease, sel/, hold. arid cOl1l'ey real and personal property . o z rn :< ~ ~ rn 70 11 ....... " -" ,4IIlll, - ~, .....~i . D P'^' i .......... In reversing the Judgment of the Court of Appeals, the Supreme Court announced: r" , "We hold tlIat Section 1982 bars all racial discrimination, pril'ate as well as public, in the sale or rent.al of property, and that the statute, tllUS constmed, is a valid exercise of the power of Congress to enforce the Thirteenth Amendment. " "- / Thus, the Gourt 'finds the 1866 statute to be a valid exercise of the power of Congress to enforce the nlirteenth Amendment. Particular emphasis is placed on the Enabling Clause of the Thirteenth Amendment, which specifically provided Congress "with power to pass all laws necessary and proper for" abolishing all badges and incidents of slavery in the United States. The Amendm. ill itself speaks only of the abolition of slavery and cnforcementoflegislation. The Court reasoned after concluding that the Black Codes following the Civil War were substitutes for the slave system, that: "And wheh racial discrimination herds men mto ghettos and makes their ability to buy property turn on the color of their skin, then it too is a relic of slavery," and. "whencl'a property is placed on the market for whites only, whites have a rtght denied to Negroes. " And further, the Court" s'aid: "Negro citizens, North and South, who saw in the Thirteenth Amendment a promise of freedom-freedom to 'go and come at pleasure' and to 'buy and sell when they please' would be left with 'a mere paper guarantee'ifCvngres~ ,,'ere powerless to assure that a doliar in the hands of a Negro will purchase tire same thing as a dollar in tire hands of a white man. A t tire very least. the freedom that Congress is empolVere4 to secure IInder the Thirteenth Amendment includes the freedom to buy whatel'er a white man can buy, the right to lil'e \vherever a white l1UJtl can live. If CoilgrdJ cannot say that being a free man means at least this much, then the Tllinee'nth Amendment made a promise the Nation cannot keep." 'D r' " '~ 12 r' """'" ....,...,' ~ .....,,;i' ~, . --1 ==l r- m < 1""': \--- - ;r"'( '1 , CIVIL mGnTS ACT OF 1964 Title VI Nondiscriminntion in Federally Assisted Pr017am3 Title VI provides that no person shall, on the ground of race, color, or national on: . 'i, be excluded from participation in, be denied the benefits of, or be subjectcL J) discrimination under any program or activity receiving Federal fmancial asst.' . qce. It directs each Federal department or agency which extends fmancial ass:. ace to any program or activity through grants, loans, or contracts, ex.. ,t contracts of insurance or guaranty I to issue rules or regulations to be approy,.; by the President to C3lTY out the purposes of the Title. Title VI authorizes tl:,: termination or the refusal to grant or continue Federal assist;:nce under any program or activity involvilllj a recipient as to whom there has been an express ftnding on the record of a failure to comply but only, after due notice, an opportunity for hearing wd a determination that compliance cannot be secured by voluntary means. In addition, no such action shall be effective until the head of the Federal department or agency has med with the appropriate committees of the Hou~ and Senate a full written report and 30 days have elapsed after the fUing of such report. ",,--, '-' SEC. 601. No person in tho United. Sta.tes shall, on the g-round of race, color, or n!LtionnJ origin, he excluded from participatJOn in, be denied the benc>fits of, or bD suhjoctod to discrimina.tion under any program or n.ctivitv rC'Cpjvillg F(>drml fina.ncial assistnnC('.. SEO. CO2. Each Fodera] (Jep:trtment nnd agency which is e.m~wered to extend Fcderal finallcj!l.lll~',.sist!l.nC{\ to any program or [lctlvlty, by way of grunt., loan, or contmd other than n. contrn.ct of insurance or guaranty, is authorized fUHl dih'>Cff.d to effoctunJo tho ~)l'ovisions of section GOl with rl:\<;pcct to Eueh prol1rnm or activit.y by Issuing rulr.g, regulations, or orders of gC'>!lcmd nppllcltbility which Bh[~', 1>0 coriflh;trnt with achievement of tho obje.cl i w!'\ of the SULtuti) n uthofl;,i nil' the Gnr.n. ciall\.8Swtanco in ('.onncecion Witll which tJIO nction is t.dum. No l3'Uch ru1o, regl.llr.t.ir, \ (}j' onler Blmll bcw]))o o[c,ctivo unl(\.qg 1ll1U until up- proved by tho llX'.'lithmt. Complinnoo witll any roquiroment ti.dOjltOO, puraunnt to thia m.d-ion may bo "tIoctod (1) by tho wrminn.tioll of or r-. 13 ~ ~,. "'" '-' ~ ~~.; ) ,~"'" ~ -- refusal to grant or to continue n...c;sistance under such program or activity to any recil~c.nt, as to whom them has boon nn express finding on the record, after opportunity f01' hearing, of a failure t.o comply with such roquirem(Int, but such terminat.ion or refusal shall be limitoo to tho particular political entity, or part thereof, or other recipient as to whom such a fil)ding has boon made and, shall be limited in its effoct to the particu). I' program, or pa.rt thereof, in which such non- compliance hus bew so found, or (2) by any other means authorized by law: Provided, hO;/Jcver, That no such action shall 1.>0 taJwn until tlia depaltmtillt or ngl:ncy concerne.d has ndvifcd tile ap)" ,)priato per- son or persons of the fn:ilure to comply with the n>,quirc "nt and has det.ermll1cd t.hat comphanco c~mnot b(1 securrd by volu.:;.~ry means. In tile case of any ac.llOn t.erminating, or rdusing to grunt or continu~ assistance bocau.<;e of failure to comr)ly with n. requirement imposed Imrsuant to this section, the hC:ld of t 10 Federal uf':,Partment or agency Shall file with the C'OmmiUei>s of tho lIouS{\ and Senato having legis- lative jllric;dirtion over t.he pro~ram or acti'Tity involved a. full written report of the circum~tlln('.es ana the 12:'rounds for such action. No such ac~ion shall bcC"(1D1!\ cii'edivc until thirty days kl.ve ('JapseAi after the filing of such report.. Sic. 603. Any dpna.rt.ment or agency action tn.ken pursunnt. to soo- tion 602 shall be su[)jed to such judiclU.l roview ns may otherwise be provided by law for SImilar action taken by such dp,paliment or agency on other grounds. In t.he case of act.ion, not othorwise subject to judici~l rene'w, terminating or refusing t.o grunt tlr to continue finan- cial a.ssista.nce upon !l fineling of fai;nro 1.0 ('.()mply 1\:itJl !lnv requiI\'\- ment impo:oecl pur:"lanl to fe<'Jion G()~, nllY person aggrieved (includ- ing a.ny Statp or political subdivision thClrC'of and any agency of either)' may oht.ain judidal rc,rinw of such actJOn in r..ccordllllce with section II) of thc .Ac1miniiitratiH~ Procedurc Ad. and ~\lch action shall not on clecmed committed to unn:dcwllhle agency discretion within the meaning of that s0Ction. SEC. fiO.1. Nothing' cor.t:lineel in this titlo shall b(\ construed to authorizo act ion under t.his t.itle by any d0pa.rt.ment or agency with l"eSJY.'<'t. 10 Imy cmploympnt practJc.e of any pmployor, omploymNlt agencYl or labor orgu.r.iz:<r.ion exc.ept. whoro fL. p)imary objcctl'vO of the Fodern. finaJlciR.I fis:",ist~U1cQ i:t to provide employment. SEC. G05. :Nothjn~ ill this t.itle };h!lll r.dd to or detract from nny exist- ing authority wit.h l\'Sppct, to any pro{'nun or activit.y under which Fcdnr:tl fillltllcin.lll.<;;,if't:mcc is ext.endc'{l by 'my of IL contract of insur- o.nce or gua.runty. 'D f'" 14 '-- r .""" '~Ii;lliIiiP'; .A\ """"*' """" ~# . rn X [T1 n c --1 < [T1 o t3 [T1 70 I""" '-' Executive Order 11063 Eq~l Opportunity in Housing -----a -----a o '0' w \. This Order requires all Federal depJrtments and agencies to take all action necessary and appropriate to prevent discrimination because of race, color, creed, or national orit) . in the sale or rental of residential plOperty and related facilities ovmed or opera!/':1 by the Fedcral Govcrnmcnt or provided with Federal financial assistance. -111e Order also prohibits discrimination in lending practices insofar as such practices relate to loans insured or guaranteed by the Federal Government. '- \., ,(27 Fed. Reg. 115?7] Whereas the granting of Federal assist.nnco for the provision, re- habilitation, or operation of housing and relatod facilities from which Americans are m::clude,d because of tllOir rur,e, color, r.)'(;od, or nationnl orig-in i3 unfair, unjust, and incollilistent with the public policy of the Umted Stutes itS munifcsted In its Constitution I1.nd laws; lUH! 'Vhercns the Congress III the HOllSlllg Act of Hl1V has declared that the general welfaro und ~ecul'lty of tho Nation and the health and living standards of its people reqUIre the reuJizlltlOn as soon IlS feusible of tllO goal of n. decent home and a suit..ublo living onvironment for cv~ry Americun family; aud Whereas discrimiulltory policiC..'l and practices busc.d upon rn.ce, color, creed, or nationnJ orlgiu now operate to deny many Americlll1B the benefits of housing financed through Federal n.s..'.iistnllco and as n. consequonco prevent such u.ssist.nnco from providing them with an altornativo to fiubstand/l.rd, unsufe, unsanitary, ILnd overcrowded hous- ing; and 'Vlwren9 such discrimin/l.tory pohcic.s and practices r('.sult in regro- gnfNl pattl.'rn!:; of honsing IlnlI necessltrily produco other forms of discrimination nnll OCgrC6'11tioll Wlllchdcprlvo mllny Amcricllns of equIl! ~ppol'tunit)' in the exerciso of theIr unalienable rights to lifo, ~. ( I' 15 jO' ~. """ -- ~ ~ ~ ~ li~rty, nn.' f ho punlllit of hllppiIH\S1J i n!ld 'Vhort'II~' tho cxrcuti\'() I.mlnrh of th(\ Go\'('n1l1lent, in faithfully executing tho l/l\\'8 of tho Ullited Stllte,; which Iluthorize FC'ucrnllinnn- cinlnB:.{istuflc{\, direct~y or indireetly for tlw provision, rehabilitation, and opcrntion of hou~il1~ and rollit'oJ fllcilitir.'l, is charged ,with an obli~lltion and duty to fissure thrlt tho~o In.w~ 111'0 fnirly n(~mlnist\rNl nnd thut. henc(]t.'l thereundor aro mfldo uvnilnblo to fill Amer!cuns wlth- out re~nf(l t.o t.heir rnCflI eolor, creed, or nnt;iol1ld origi,n:. . Now, therefore, by VIrtue of tho nutllOnty y('.sted III mo a~ Premdent of the United State3 by the Constitution allJ hms of the DnIted States, it is ordered fl..3 follows: PART I-Pm:VlmnoN OF DISCHDrlNATION SEcn:ION 101. I hereby direct nll (lcpnrtrncnts nnd ng\'~cics in. the executIve branch of tho Fcdernl Go\'corJ1mcnt, insofnr Il.S thcolr functIOns relate to the provision, rehn.biJitlltion, or opemtioll of housing flnd related fncilitlCs, to tnlw 0.11 nction ncccssnry and npproprinte to pre- vent discriminntion been use of rncc, coloT\ creed, or nntionn.l origm- (a) in tho snle, leasing, rental, or other disposition of residential property nnd related fncilitics (JI1cll1ding land to be de\'eloped for residentinl llse) , or in the use or occupancy thereof, if such property and related facilities are- (i) owned or opemted by the Federal Government, or (ii) provided m whole or in pnrt with the aid of lon.ns, advances, ~rants, or contributions hereafter agreed to be mnde by the Federal G<;>vernment., or (iii) prm.ided in wholo or in part by loans hereafter insured, gtlllr- nnteec1, or otherwise secured by the credit of the Fc;.lern.l Govel1lment, or (iv) provided by the development or tho rt>development of real prop- prt)' pllrchn.~;ed, lensed, or othenvise obt:iillcd from a. State or lOCi 1 public ngency n:.ci \.ing Fe;c1eml /;ilancial assistance for slum c1earnnCl3 or urbl\n renewnl with respcd t.o such. real property under I\, loan or grant contrnct hereaficr entered into i r..nd . (b) in the lendinf" prncticcs with re.spoct t.o residential property and. reht('(l facilitie3' (including land to ba developed for resid.'ltia.l use) of lending instltutions, insofar as such practIces relat.e to loans hereaiter insured or gul'.I'ilnteed by tJle FedernJ Government. SEO. 102. I hereby di; ,;.Ct the Housing and Home Finance Agency and all other executive departments and. agc'ncie...c; to use their good offices and to t.uke other r.ppro]7rifltc action permitt.ed by law, includ- ing the institution of nppropnate litigation, if required, to promote the abandonment of discrimlll!1.tory practices with respect to residen- tinl propert.y nnd relatoo f'l1Cilitic'!S heretofore provided with Federal financial n.s31stance of the types referred to in Section 101 (fl) (ii), (i ii), and (iv). ~ ;J ,....... '-' f'" PART II-b.IPLEMENTATION ny DEPARTHENTS AND AGImcn:a SEO. 201. Each executive department Ilnd Ilg-ency subject to this order is directed to submit to the President's Committee on Equa.l Opportunity in Housing est.'\bli,hed pursuant to P[\rt IV of this order (hereinafter sometimC's referrrd to as the Committee), within thirty days from the d,tte of this order, fl report. outlining nil current pro- grams ndminisferecl by it ",hieh nre nfTectecl by this order, SEC. 202. Each sHeh department. and r..gency shnJl be primarily re- sponsible for obtn.ining compliance with tlln purposes of this ordrr as the order applies to programs ndministrred by It; and is directed to coope,rntc' witJ~ the (oll1n~ittee, to f!lrnish it, 1Il nc~orclan('e with ll\w, . such lIlfOrmfltlOn nnd as''iIstanre as It lllay J'('CJtlcst In the pcrforrnancc . of its fl1n~,tiollS, nnd to report to it at such intervals fiS l1w Committee mny rNpllre. ' SEC. 20:30 Rll.rh snell department find ngC!1ry f>hnll, within thirty dnys . {rom the unto of tIllS order, issue snch rulc~ nnd l'e:"'1ll11tiollS, 'D \... 16 "'", ~ ~ 'I' .....".; ~ - adopt such procrdllr'l's flI.ld poli('}c.'J, fln(! mnlw such rXl'lllp! ions ~nr1 exceptions Il~ lI1a,)' II(' consIstent ~\"1tll law nnd lIC'cesSary or Hpp1'OprJate to cfft:duHfr the }l\ll'pOS~'S of this ol"<h'~', E~ch sllch drpnrt!l1cnt Dnd agency sll:,1I con~;lIlt l\'Ith the COIlJllllt/rl! 1/1 order 10 llcllle,'o such consistency and uniformity ns lllll)' be !eusitJlo, P.\HT III- E~:rOJ:cr;MD{T S,.:c.301 The Committee, /lny !;ul)(:ollltniUee thereof, and nny officer or ell~ployr(\ drsignllt f~d by n n Y ('X(:Cllt j \"(' df'[~n 1'/ mcn~ or ngcncy su bject to tillS order 1II1l)' llOld such )If:llrJngs, pub IC or pnvate, fiS the Com- mittee, departmcnt, or /lgrllcy lTlay clcrtJ1 IIdvisavle for compliance, cnforccnH'llt, 01' educational pUl'P()s(~<;. SEC. :~02. If ally executive department or Ilgcncy subject to this order concludes that nny person or firm (including but not limited to any indi,'idunl, pllrtliel'ship, Il&.<;ocintion, trust, or corporation) or lIny Stale or local public agt'lJcy has violnlcd any rule, regulntion, or procedure isslIed or adopted J)llrsuunt to this order, or any non- discrimination . ro\'i~,ifJn include in any agreement or contract pur- BUant to any s~ch rule, l'Cglllation, or pro-cedurc, it shall endeavor to end and remedy SUc1l violation by informalrncans, including con- ference, conciliation, and persuasion unless similar efforts made by another Federal department or agency llll ve been unsuccessful. In conformity with rulcs, regul:ttion~, procedures, or policies issued or adopted by it. pursuant to S('(Lion 20;) hereof, a department or agency may take such action as may be appropriate under its governing laws, including, but not limited to, the following: It may- . (n) cancel or tenuinr.te in whole or in part Ilny ngrer:l]ent or con- tract with such person, firm, or State or local puLlic agcll('y providing for n. loan, grant, contrj))uLion, or other Federal aid, or tor the pay- ment of ll. commission or foo i (b) refrain from extendillg any turtller aid under any program administered by it alld affected by this order until it is satisfied that the affected person, firm, or Stato or local putJlic agency will comply with tho ruL s, reg-ulations, and procedures Issued or adopted pursuant to this order, and nny nondiscrimination provisions included in any agreement or contl'llctj (c) refuso to apprO\rl~ [~ lending institution or nny other lender as n beneficial'y under filly r ",'rnm administered by it \vhieh is affected Ly tlds order or revoke ~ucL ~ppro\'al if previollsly gl\'('n SEC, :-303. In appropria(Q cnses executive departments nnd ngencies shall refer to Ihp t\tt01'llcy General violations of llny rules, re[!Ulations, or pro('edures ISSIII'd 01' nr)optcd pUrsuant to thi8 order, or vi01ntions of nny nondislTinllllll[ 1011 [lrovisions included in fillY ll,..:-:eement or con- trllet, for ElIch cidl 01' crirni!lnJ nction as he may deem appropriate, The .Attorney Uenrrnl is authorized to furnish 1<'gal ndvif'f' concern- ing this order to the Committee and to any df'r"rtment or agency 1'{'C}uc'.~til1g sllf'h advice, S~;G. 304. Ally ('XPI'1j1 f \'0 dcopartll1ent or ar;en,)' n tTp(oted by this order m"y also l1lyoke. Ill() ~anclion8 provided III ,s('{~tIOI1 ~():2 "here 1I11y pel'Son or flnll, inrluding a lender, has violated tJw rtlJe.~. regulat ions, or prO{'edll""~ iss\l(>d or adoptedJ)\ll'Suunt to this order, or the non- discriminlll'lIll provisions include inlH~y ngreemenl or f'Olltl'llct, with respect to n~y program affected by tIllS ordel' fidml11fstcred by any other' eXccntl \'0 d('IJn rr mCllt 01' agency. PAnT 1\' - 1':611 n, IS" ""NT 0>' TII!' Pnp'",""NT'. C" 'HfI1- ,.". O~ Eo V,I L_. QpI'OIlTUNITY IN HOU8UlO ~pJ4..~,~l;"~ k(.'J.2-t41"';c u....(~~.. (..,~,~ SY.0 401. T!lClro in fltlf'f'hy (>.stablisllcd tho Pm<)ident's COlnllliltee on "'I" n I 0 I' po,.~ ':"; I y m II 0",;" g II' J del. ,h" II ho '<om I' "s,,) of 'he Sec- l'CtIU'.v of tho I f(~llsllr'y; tl1(\ SClCl'ctary of Defpnse; Ill(': /\.ltOl'1lClY Gen- €'rnl:,1l.10 ,s('rretnr,Y \If Ag-,:icultur<lj tho HOUSIng and Horno Z'\inanco Adllll1l1Slrntol'j tho Adllll1l1~(1'Ittor of Vclorlllls Afr/lIl's: thc Chairmllll ,..... i: ( ..!lfI.~"'''' r ~ f'" ~ ~. 17 f I ."" ~ ).1; .....".i ~ 1""'. 1'1 III" '\'IlT:ll II(ijll" Jr:>:ln J\:llllr 110:\1'0; n. !nrll1r"'l" (II 11l(\ ~;tnf! of filII EX('('llt;\,('. Oliic(\ of tho Prl'"jdt'nt to IIIIII~~:,jglll'd 10 tho COll)mil(t.o b\' djr<~dj(ln of tlH~ P1I'.';id\,llf :\lId ::\lch o(li('r 1J)('lIdIlT:lI1S ()ll' Pn':;jdent b!1II11 frc.'1ll tilll(\ lo.limo HI'I~()iJ)t., frail), tll" Pllhl!c. 'l'!IO IllPl~\ll('1' n~;- B1rrJll'd by 0\11 Pn';;ldl'IIL ffl'lll thll Ltnn of tho L:-;ccull\'I) on/co sh:dl I)('/,\'() as' thll Chairman nnd Exccuti\'o Din'dor of the COll\IlliUcc, Ench depal'tl,J)pnt or H:.:(.,icy IwaJ mny (ksignnto nn alternato to I'l'pre- f,('llt him in Ill:; nl)<~'n('(', SEc.4W. Each (kpnr'tll1rllt or ngrlH'V :;\lbjPd to this order sllnll, to the cxl0nt lllltllOrii'.ed by Jaw (iIlCJudlllf..';' S ~J.1 of the Act of May:1, Hl45, [,f) Stat.. 1:11 (;;1 U.S.C. liDl)), fUrllLh assistance to nnd defray the necess:\I',)' t'xpenses of the COllllllitteo. D '- P,UIT V-Po\\'J:J:s A~D D,rfJl:,'l OF TilE Pm:SID1.;wr't; CO~DnTl'EE ON EQUAL Ol'l'OliTlJNITY IN HOUSING '......... SEC. 501. The Committee shall meet. upon the cull of the Chairlllftn and at such ot her times as may be prov idl'd by its rules. It shall: (ft) adopt mIl'S to govern its deliberatIOlls and activitiesj (b) recommend general policies and procedures to implement this order; (c) consider reports as to progress uncler this order; (J) consider any matters which may be prespnted to it by any of its members; und (e) make such reports to the Prcsic1ent us he muy require or the Committec shall deem appropriate. A report to the President shall bc made at least once nllllually and shall lIleludc references to (he actions takon and results achieved by departments and agencies subject to this order. The Committee may pro\'iclo for the establishment of suur.ommittees whose members shall ullappointed by theChuirman. SEC. 502. (a) The Committee shall take such steps as it deem,> necessary and appropriate to promote the coordination of the aetivities of depal:tmcnts Ilnd agencies uncleI' this order. In so (1oing, the Com- mitteo shall consider the o\'erall objectives of Federal legislation re- Inting to housing find the right of evcq individu'll to par! icipate without discriminatio:, becanse of }'[lce, color, creed, or national ori~in in the ultimnte benefits of the Federal programs subject to this onler. (b) The Committee may conrer with representatives of any depart- ment or agency, State or local public ngency, civic, industry, or hbor group, or any other group directly or indircclly afTect<.~(l by this order; examine the relevant rules, regulations, proceduresl policies, and prac- tices of any department 01' agency subject to tlllS order and make such recommenclatillilS as may ue necessary or desirable to achieve the purposes of I h is order. (c) The COIllIllittee shall ('ncourage e.ducational programs by civic, educational, religious, industry, labor, and other nongovernmental ~roups to eliminate the basic cnllses of discrimination in housing and related facilities provided with Fecler.l1 assistance. SEC. ti03. The Committee shall have nn executi\'e committpe con- sisting of tll('. Committee's Chairman :l.nd two other members desig- nated by him from among the puhlic members, The ('hn.irrnnn of the Committee shall also sene as Chairman of the Ex('cuti\'c Com- mittee. Het \\'een meetings of the Comll1illce, the Executive Commit- tee ~hall bp prim:l.rily responsible for carrying out the functions of the Committee and ntay net for the Committee to the extent authorized by it. PART VI-MISCELLANEOUS SF-C. GOl As used in this order, the term "departments and agencies" includes any \\'hollY-O\Ylicd or mixccl-ownerslllp Government coq)orn.- tion, nnd the term "Stn.te" includes the District of Columhia, the Com- monwealth of Puerto Hicoi nnd the territories of the United States. SEC. C02. This order shall become efTt',CtivlI immediately. JOHN FrrZOEMI.J) KEN NmlY. I'" " THE 'VlIJTI: HOU6E, . Novemberf!,O,190fJ. 'D u J8 \.., '-AlJ,yi ~ ..." ~ - . rn >< rT1 n c -4 < nl o 70 o In ~ "- '- Executive Orders 112<16 and 11375 Equal Opportunity in Employment Executive Order 11246 was issued on September 24, 1965, superseding Ex('(qtive Orders 10590, 10722, 10925, 11114, and 11162 and abol;shing the Pr(:~, .;:nt 's Committee on Equal Employment Opportunity. Part I of this Order proL1bits discrimination in Go\'~rnmcnt employment because of race, creed, color, or national origin. It directs each (xecutivc department and agency to establish and maintain a positivc pro~wn of cqual employment opportunity for all civilian employees and applicants for employment. It authorizes the Civil Service Commission to supervise Rlid provide leu:ership and guidance for the programs. The Secretary of Labor is respO!;~;jb1c fc.: the administration of Parts II and III of the Order and for issuing rules and regulations relating respectively to "Nondiscrimination in Employment by Government Contractors and Sub- contractors" and "Nondiscrimination Provisions in Federally Assisted Construc- tion Contracts." On October 13, 1967 Executive Order 11375 amended Executive Order 11246 to add the prohibitIOn of discrimination because of sex. ----J ----J l:2 0' >?o ----J ----J W ~ r( [30 F.R. 12319-251 Under and by virtue of the nuthority vestcd in me as Prcsident of the United States by the Conslitutioll find statutes of t he United StateR, it. is ordered us follows: PAnT I-NoNDlI:lCmMI"l,\TYON IN GOYEnNMF.NT EMPLOnIENT ~l.:i.~( l."j C ,(,,1, 1,1f 7'";1 SEC. 101. It is the policy of the (iovernmcnt of the lTnitcd States to provide equal opportlllll(Y m Fedpral employmcnt for all qualified persons. 10 prollibit discrimination 111 pmployment because of raec, color. 1'(.,1 igiun. f'(\X or national OI'igin. and to provide t he filII rc:\ l'~:lT Ion of equal emploYlllcmt opportull1ty fllrough fl positive, contilllllllg pro- [{ram in raell ex('('ut i \'e ucpart men I and ngpnl'Y. The policy of equal opportunity applies to ('very nspr,el of Fedrral cmploynwnt policy nnd prncticc. S.:c. 102. Tho head of efi(~h eX~lItivc u('partlllcnt nnd agcnry shall establish and mll.intnill n positivo program of ('(1I1al pmploymcnl oppor- tunjl~' fo\' nl1 civilian cmployees /tne! nppll('llIlts for l'.mpl(J"lllllnl within his jurisdidion in Itccordnne(\ wit h the policy Ret forth In Sc:ction 101. ......... 19 """" . -~. ~ ~ ~ ~ -, Ii; '- SF-O. 103. The Civil Service Commission r.hn1l6\lpcnhe nnd provide lMdorship nnd guidnncQ in tho conduct of <'<lUf\1 (,l1lploYll1cl1~ oppor- tunity progrnms for tho civilian employees of llnd npplicatlOns for em~loyment within the executive d('}lartlllC'llts nncl ngencil's nnd shall . roVIOW ngl'IlCY progrn III aCC{)Tl1 pl ishll1t'1l t~i period icnlly. In order to facilitato I lie lle~hie\.('mellt of a model progrf\m for C<}ual employment opportunity in tho Federal RCrvice, the Commission mn)' consult from tllno to time with such indivilJ1::lh;, groups, or orgnnizations llS mny be of I\ssistnnce in improving tho Federal progrum and renlizing the objective~ of this Part. SLC. 10.1. The Civil Service Commission shl\.l1 provide for the prompt, fair, nnd imjJartial consideration of all complnints of dis- criminn.t ion in Federa e/llployment on the b:lsis of rnce, color, religion, sex or nat.ional origin. Procedures for the consideration of c{)mplnints shall include nt lenst one impartial review witl1in the executiye rlep:\rt- ment or agcnc.y and shall provide for appenl to the Civil Service Commission. . SF.c. 105. The Ci"il Servicc Commission shall issuc such rcgulations, ordCrS,1I11l1 instrurtions as it dcems lH'ceSsary and appropl'inte to carry out. its responsibilitics uncle'r this Part, and the head of ('ach excelltiyc dcparlmC'l1t and l1r(T(,lhOY shall comply with the l'('guhtions, orders, nnd instl'UctlOl1S issllcc UJ' tl1E~ COIDlllissiollllllder this Part. PAlrr II-No;-'-Plf;(,HDrIX,\TlOX l~ E;\frLOY:'IF.:"<1' In- Gmr:H~OfEKT CoNTnACTOltB AND SUnCONTnACTOHS D BunPART A-DUTIES OF TIIP: SECnI:TAnr OF LAllOR - SEC.201. The Secretary of Labor s1'a1J be responsible for the n.dmin- istration of Parts II and III of this Order and shall adopt such rules nnd regulations and is,:J() such orders I1S he deems necessary !lnd appropriate to achieve n.. )'llrposes thereof. "- BunPART B--cQKTMCTOHS' AGREE]'fE); Ttj ,... % SEC. 202. Except in contracts eX(~1Dpted in accordance. with Section 204 of this Order, all Government contracting agencies shall include in e,,:e~y Government contract hereafter entered into the following provIsIOIlS: "During the p,'r!ormance of this contract, the contrnctor agrees as follows: . "(1) The cont ractar will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take nffirmative action to ensure that applicants arc employed, and that employees are trented during employment, without regard to their race, color, religioll, sex, or national origin. Such action shall include, but not be limited to the following: C'-mployment, upgrading, demotion, or transfer; recruit- ment or recruitment ad\'ertising; Jayofl' or termination; mtes or pny or ot.her forms of compl'nsation; and selection for trn.ining, including apprenticcship. Tlw cont.ractor ngrees to post in conspicuous places, aVllilabl~ to employees and aPlllicants for employment, notices to be pro\'ided by the contracting 0:1Icer setting forth the provisions of this nondiscrimination rlause. "(2) l1w contrn.rtor will, in all solicitat.ions or adverlisements for emplo)'N's placed hv or on ~ha1f of the contrnctor, stnte Omt all quali- fi('d nfplic-ant.s will receive consideration for employment without re~ar( to ro.e'c, color, religion, S(,-X, or national origin. "(3) The c.ontrnclor will send to (,llch labor union or reprcsontntive of workers with wh iell he has II collective ba.rgaining agrnmnent or other cont.l'llct or understanding, II. notice, to be provided hy the agency contracting ofliccr, advising t.ho labor union or workers' rc.prcscntntivo of the contractor's commitlilents under Section 202 of Executive Ordcr No. 112~G of September 24, 196:5, nnd shall pont copies of tho notice. in of) -."-' 20 ,... vJ -. ...",. ~ .....,' " '- """''' ........ (*" I ""'( i.., \t conspicuous pln.ce.s l1Vni1nlJJo fo cmplo,)'('-C3 and upplicn.nts for employ- men t. "(4) Tho contrndar will comply with all provisions of Executive Order No. ll~.Hi of Sl'plf'llllH\r 2,1,1%5, and of the rules, l'cgul!ttions, nnd relcvllnt. orckrs of t.he Sl'crcfnrv of Labor. "(u) The COlltJ'n,etor will furnish all inform.'1tion und reports re- quired by Exocutivo Ordcr No, J 12-1G of S(:ptOll1ber 24,1%5, and by the rule-s, reguJltti~ns, nnd .ordor1'.' of t.h~ Sc,erdllry of LnborJ or pursur.nt thoroto, Ilnd v>'lll permIt ncccss to llls books, records, nn accounts by the contracting ngel1cy nnd tho Secretnry of La.bor for pUlJ>OSOS of investigation to nscertitin compliance with such rules, regulatIOns, and orders. "(G) In the event of the contrnctor's noncompliance with thl) non- discrimination clauses of this contract or with any of such ruks, regu- lntions.) or orders, this contract. mn.y be cancelled, terminated or su~- pendod in whole or in part nnd the contractor may be declared ineh- gible for further Government contracts in accordance with procedures aut.horized in Executive Order No. 1124G' of September 24, 19G5, and such other sanctions may be imposed and remedies invoked as provided in Executive Order If 0.112,16 of September 24,1965, or by rule, regula- tion, or order of the Secretary of Labor, or as otherwise provided by law. "(7) The contractor ,.::ll include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pur- suant to Section 20.1 of Executive Order No. 11216 of September 24, 19G5, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub- contract or purchase order as the contracting agency IDll.Y direct as a means of enforcing such provisions including sanctions for noncom- pliance: Provided, however, That in the event the contractor becomes Involved in, or is t.hreal(',ned with, litigation with a. subcont.r;"c.tor or vendor as n. result of &1:ch direct;on by the cont.racting agency, the cont ractor ma.y request l '(3 United States to enter into such litigation t.o pro",n.ct the interests of Lite Unit.ed States." :::)):c.203. (o,) Each contractol' having a contrad containing therre- visions prescribed in Section 202 shall file, and shall cause each 0 his subcontractors to file, Compliance Reports with tIlt', cont.racting agency or the Secretary of Labor as may be directed. Compliance TIeports shall be filed WIthin such times and shall contain such information as to the practices, policies, programs, and employment policies, pro- grnms, and employment statistics of the contractor and each sub- contra~tor, nnd slull! be in such form, fiS the Secretary of Labor may presc1'loo. (b) Bidders or prospectin, contrn.ctors 01' subcontractors may be required to state whether they have participated in any previous con- tract subjed to the proyisions of this Order, or uny preceding similar Executive order, find in thnt event to submit, on behalf of themseln~8 and their proposed subcontmctors, Compliance Reports prior to or us an initial part of their bid or negotiation of l\. contract. (c) Whenever the contractor or subcontractor has a collective bar- gll.inmg agreement or other contract or understanding with a labor union or an agency referring workers or providin[" or supervisinO' apprentic('~hjp or training for such workers, the Co~pliance IWport shall ineludo such information as to such labor union's or nrrency's practices and policies l\.fTectin~ compliance Ug the Socretary otLll.bor mny prescribe: Provided, That to the extent such information is within the exelusin' possession of!l labor union or an ag(>ncy refcrrinO' work- ers or p~ovidIng or supcn'ising apprcntic.cship or .trnining a~d such labor umon or ngency shall refuse to furmsh such mformation to the contrnct?r, Iho cOl~ITactor shall so certify to the contracting agency IlS pnrt of lts Compl1ance Report nnd 5h:l.l1 set forlh whut efforts he has mnde to obtain flUCh information. (d) Tho contl'l\.ctin~ ngcney or the Secretnry of Ll1.bor m9 ,~ir~t 21 "<w#? """'" .....", ~ .... ,""' th.l\t nny hiddrr ~)r pr()sPPodivo c,ont rnrt or or !ill b(',ol:trnc.t~\ sho.l~ 8ub. mlt-,IlR part of hIs C01Ilpll!1I)r(\ Hl'jwrt. n. stntement 11\ Writing, sIgned by nn aufllorizrd orncer or agrnt. (In Iwhalf of any labor union or nny ngency referring \rorl{(>rs or providill/: or supervising apprentice,ship or otill~r training, wilh which the biddrr or prospretive contractor dellIs, wilh support ing information, to the efree{. th!lt the signer's prncfiee}; llnd policil\'; do not di~',('I'illlinnfe on the grollnds of racp" color, reli/!ion, sex or n:ltional origin, nlHl that tllll ~;igner either will dllnna- tively (',oopcrnlo in the implemcnta! ion of the policy nnd provisions of t.his ordu or t kit, it (',Ol1srn(s find agrees that reeruitmcnt, employment, nnd the terJIlS and conditions of employment under the proposed con- t.met.. f)hall 00 in ac{'o!'(lnnee with the ptlrpo~,('s and provisions of the order. In the event that the union, or the agency shall rcfu~e to execute such a sta.tcment, the Compliance Report. shall so c.crf ify and sct forth what cfrorts havelw,rn mnde to secme such It statement llnd such nddi- tional factualma.terial as the cont.racting figency or the Secretary of Labor may require. ' SEC. 201. The Secretary of Labor muy, when he deems that special circumstances in the nat ional interest so require, exempt u contracting agency from the requircIDrnt of including any or aU of the provisions of Section 202 of this Order in any specific contract, subcontract, or purchase oroer. The Secretary of Labor may, by rule or reb'1.1Ia- tion, nlso exempt certain classes of contracts subcontracts, or pur- chase orders (1) ,,'henevcr \'oork is to be or has been perform d outside the United States nnd no l'ecruitment of workers within the limits of the United States is involved; (2) for standard commercial sup- plies or raw materials; (3) involving less than specified amounts of money or specified numbers of \vorkers; or (4) to the extent that they invol \'0. subcontracts below ll. speeified tier. The Secretary of Lahor may also provide, by rule, regulation, or order, for the exemption of facilities of ll. contractor which are in aU respects separate nnd. distinct from activities of the contractor related to the performance of the coni l'act.: ProvMed, That such un exemption will not interfere with (11' impede the eiTectuation of the. purposes of this Order: A 71d provided further. That in the llbsenc0 of such nn exemption nIl fncili- ties shall be cov(:i'C'd by the provisions of this Order. ~ ~) ."-' - --- SUBPART o--I>OWERS AND DUTTE8 OF THE SEcm:TARY OF LAl10R AND TIlE CONTRACTING AGENCIES ,~ I. SEC. 205. Each contrl1ctinO' agency s11n11 bo primarily responsible for obtaining compliance with the rules, regulatIOns, nnd orders of the Secretary of Labor with respect to cont.ra.cts pntered into by S\1('h agency or its contract.ors. All contracting llgenci~s shall comply with the rules of the Secretary of Lntlor in discharging their primary responsibility for securing compliance with tho provisions of con- tracts nnd otherwise with the terms of this Order find of the rules, reg-ulntions, and orders of the Secretary of Labor issuedpmsuant to thiS Order. They llro directed to cooperate with the Sccretary of Labor and to furnish the Secretary of Labor sneh information find assistfince as he may reCJuire in the performance of his functions under this Order. They llre further oircclpd to appoint or desif.-'1111te from among the ngency's personnel, complianeo oflicers. It shall be the duty of such ofIicers to seck complinnco with the objectives of this Order by conference, concilintion, mediation, or persuasion. SEC. 20G. (a) The Secretary of Labor may investigate the employ- ment practices of lUl:Y Government contractor or subcontractor, or ini- tiate such invest.igatlOn by tho approprillte conlrncLing agency).. to dll- tonnine whether or not tho contract Ilal provisions spc>cificd in :::section 202 of this Order hllve oeen violated. Such invcstigation shnll be conducted in llccoroance with the procedures estnblishcd by the SecrC'- tary of Labor llnd the inVt'_stigllting ngency shall report to the Seero- tnr,y of Lnbor Ilny Ilction tll!{('1l or rccommended. (b) 'rho Secretllry of Labor mnj' rocci\'o und investignto or ,causo 'D '-' 22 ..... ....., ~ "'-r' .~~. ,-. t-" "- \. to 00 invcstigatell complaints by pmployc>c's or l~r(q)('cli\'e ~ml~lo~'ees of n Gon~rnllll'nt contractor or slIhcon(rnc!or \\"ltH'h Illlegl' dl~;crllnJJ)!t- tion contrary to ())(\ contractuul I'rovj~;ions specifipt! in Spction 202 of thig Order. If this illH'sti[:;allon ifl conducted fol' the Secretary of Labor by n contracting agellCY, lhat. UgrllCY dl:t11 rep~)rt to tho Secretary what action has vecll tnkcll or IS reconllnPlldpcl \\"Ith 1'rgard to ~uch comr!n.int~. ., SEo.207. 11m :-:I'crd ary of Labol' shall IlSO IllS lH'st cfforls, <lJr(~ctl.v nnd through con:Jicting 'agencies, other jntcn~;tcd Fc<lcrnl, Stale, and local /tgcncil~s, cOlltractUl'3, and all other a\'nil:t1Jlc insfrunlentlllilies to canse nny lahor union en<YllJ!ed in \\"ol'k uncleI' Go\'ernment contl'Hcts or nny agency referring \~ol'kel's or pl'oviding or slJper\,jsing appren- ticeship or tmining for or in t he course of Stich \\"or!; to coopemte in tho implenwntatiOJl of the p1ll'poses of this Order. TIle Secretnry of Labor shaJl, ill appro:!'il1.te cases, notify the Equal Employment O~portllllity ComllllSsi01l, the Dcpartment, of .Justice, or other appro- prIate Federal agencics whe11cvcr it has reason to belie\'e thftt tho 1?mctices of any such bLor organization or ftgency violate Title VI or l'itle VII of the Civil nights Act of HlG-l or ot1ler pro\'ision of Fed- erullnw. ' St:c,' 208. (a) The Sccretnry of Labol', or any agency, officer, or employee in tlJe exccutin~ bmnch of the Government designated by rulo reb,-ubt ion, 01' order of the Secretar,)', may hold such hearings, public or private, as the Secretary may deem advisable for compliance, enforcement, or ed lleational pll rposes.' (b) The Secretary of Labor may llOld, or callse to be. held, hearings in accordance with Subsection (a) of this Section prior to imposing, ordcrin~,. 01' rceommcndin,'.; the imposition of penalties and sar.'..:lions under tillS Order. No order for debn.rment of any contractor from further Government contracts under Section 20D (a) (0) shall be made without affording the contrudor nn opportunity for a lwn ring. SUBP,\nT D--SANCTION8 AND PENALTIES SEC. 200. (n) In accordance wit.h sllch rule"" regulrttj(ms, or orders fiS the Secretnry of Labor may Lsue 01' adopt, the Secretary or the nppropri:tto contracting agency may: (1) Publish, or causc to bo published, the nn.mes of contractors or unions which it hn.s concluded hitvO complied or have hiled to comply with the provisions of this Order or of the rules, regulations, a.nd orders of the Sccretary of Lnbor. . (2) nccommend to tho Department of .Justice t hat, in cases in which there is substantial or material vioLttion or the threat of sub- stantial or materjrd violation of the contractual provisions set forth in Scetion 20Z of this Order, appropriate proccedings be brought to <miorce thosp- pro\'isi()n~l inc:ludin.~ the cJJjoinin(!, within the hmitu.- tions of applicahle la\l', of orgn.nizatioJJs, indivi,lllals, or gronps who prevent directly or indirectly, or seck 10 prpvent. dirp('(ly or incltrcctly, complianco wilh the provisions of tllis Order. (3) Hecol11mend to the Equal Employment Opportunity Commis- sion (Ii' the Departnll'lll of .Justico that appropriate pl'ocrcdings be instilut('(l under Title>. VII of tho Civil nights Act of lOG1. en necollllnelld to the Dep:u'fmenL of Jnstice that criminal pro- ceedings bt> brought for I he flll'lIishin!! of frdse informal ion to any con- t.ract i Ilg agency or to I he Secre( a I'Y of L:1 bor ns t he case mny he. (5) Callcel, termina(r, sllspend, 01' cause to be cancelh'd, tenninatc>d, or suspended, allY contract, 01' nll\' portion or portions tllPreof, for failure of tho coil! rador or suIleo"1lI mctor to cOlTlply with tho non- discrim i nit! ion pro\' isiolls (Jf the. COil t met. ConI met:=; may bc cancelled, terminated, or suspended ab~;olllt('ly or COl\tilluan('r of contracts may 00 condit jOI\t'(l upon ;~ pro~ralll fo\' flll \Ire <:onlpl:11I\(~e approvcd by tho cont l'lldi n~ agel1(,V. (<i) Pl'o\'ido t.hal. :lilY ('onlr:\('!ing ngcnry shall refrain from {'nter- ing mto further con l1:11d s, 01' extellsiull:O' or olher modiflca1 ions of 23 ~ -""" ~." ...." ~. ~.- I L ". '-v existing contrHcf~, with Ilny noncompl"ing contrnctor, until n\lCh ('.on- trncto: has :;nti:;{!(:d the S(,crl\tnry of tabor that SlIch eOlllfllc!O,r h~lS r..stnblJsheJ and will carry ouL personnel find employmcllt pol1Cl(~$ III comp1inl)('(l with th(\ prn\"isioll~; of this Order. (b) Under 1'111(,,<; llnd J'('{'lllntio!ls pn'scrilJ(~<l hy tl10 Se.cl'etnry of Ln.bor, eHch contract in" (l <'(:IIC\' shall make rr(lsonnble drol'ts within t., ,., .J . I I 1\ r(\a~;ollnhl(\ tilllC\ limit:l!ion to SN'Ul'C compliance Wit \ i \(' eontl'ac.t pro....isions of this Order hv IIldllOds of cOnfel'(:llce, concili:ltioll,l\1cdi- nt.ion, nnel pcrslla:.;IJ!l hefol'(\ procccdillgs shall oe instituteel under SubSCl.',tion (n) (2) of this Section, or before a cOlltract sha.11 be can- celed or terminated in ,,,l){lle or ill part under Subsection (n) (5) of this Section for failure of a contractor or subcontractor to comply with tho contract. provisions of this Order. SEC. 210. Any contracting ngeney tllking ftpy action authorized by this Subpart, ,\:hether on its own motion, or as directed by the Se.crc- tnry of Labor, or under the rules and l'ch'1.dations of the Secretury, shall promptly notify tho Secretary of such action. 'Whonever the Secretary of Labor makes a det~rmination under t.his Section, he shall promptly notify tho appropriaU.l contracting agency of the a.ction recommended. The agclJcy shall take such action nnd sha.ll report the results thercof to the Secretary of Labor within such time us the Secretary shall specify. SEC. 211. If the Sccretary shall so direct, contmcting agencies 8hl\.11 not enter into contracts ,,,ith any bidder or prospective contractor unless the bidder or prospective contractor hl\.s satisfn.ctorily complied with the provisions of :IllS Order or submits l\. program for compIJl\.nce accepUtbJe to the Secrdary of Labor or, if the Sccret.ary so authorizes, to the con tracti ng p.gency. SEC. 212. 'Whenever !l. contracting agency cancels or terminl\.tes a contract, or when eyer a contractor ha.s been debarrc.d from further Government eontract..s, under Section 209 (a) (6) because of noncom- pliance with the contract provisions with regard to nondiscrimination, the Secretary of Labor, or the contracting agency in vol ved, shall prompt 1y notify the Compt roller General of the UnitcxJ. Stat.es. Any such debarment Illay be rfscinued by t.he Secretary of Labor or by tho contracting fig;.,nc,y which imposed the sanction. ) "'- BonrAHT E-CEHTIFICATES OF MEmT SEC. 213. Tho Secretary of Labor may provide for issuance of a. United States Go\'ernrnent Crrtifieate of Merit to employers or labor unions, or other agencies which are or may hereafter be engaged in work under GO\'er;lT1wnt cant racts, if the Secretary is satisfied that the personnel and employment practices of the employer, or that the personnel, training, apprenl iceship, l\H'mbership, grievance and li.'p- l'esentalion, upgrading, and other practices nnd policies of the labor union or other agency conform to the purposes Ilnd prol'lsions of fhis Order. . SEC. 214. Any Certificate of Merit may ut any time be suspended or revoked by tIle Secretary of Labor if the holder t hereof, in tho judgment of the Secretary, has failed 10 comply wilh tho provisions of this Order. SEC. 215. Thel Secretary ~f Labor may provide for the exemption of uny employer, bbor unIOn, or other agenc.y from uny n'poliing requirements imposed uncleI' or pursuunt to this Order lf such em- ployer, bbor un lOll, or other agene\, has been It\rarded a Certifienre of Merit which has not been suspended or revoked. ~ PAIIT III-No:-lnIscnI!lfTNAno:-i PIlOYHiIONR IN FEDEHAf,LY ASSISTED CoNBTHVC'TION CONDUCTS Sr.c. 301. Each executive deprtment and ngcncy which ndminifl- tel'S n prog'l'am involving Fl'ch'ra) financial nssistll!lcc shall ref)uil'O fiS n condition {or tho n)1prov:\1 of nllY gr~n(, cO!ltract, loan, insurance, .D 24 --"" "-', '-' ~ - ",..... '-' ,..-. '-' --.. ,-... '- \ l.. \. or f,lInrnnteo thereunder, which II1I\Y involve n const.nlction contract, that tha applicant for Fmloml nS:lintlLnco undcrt.nlro nnd ngree to incorpornte, or enllS(\ to he incorpornted, into nil con~;fruction contracw pnid for in whole or in flort with funos oblnined from tho Federal Governl,)tq!t or bOlTOWC( on the cre(li\, of tho Fcdcrnl Government pUrRunnt. to such gmnt, contrnct, lonn, insurnnce, or guarnnte~, or lln(~ertnh('n pursullnt to nny }i'edeml progrnm involving sueh grunt., ('ontr'net, loan, insnrnnc(\ or f!Unrnnlco, tho provisions prescribr.d for Govcrnmrmt con! rncts hy Sect ion 2{)~~ of this Ol'(lcr or such modi fieat ion thor(>,of, preserving in subslnnco the contractor's obligations tLere- und<.>.r, ns may be approved hy tho Secretary of Labor, together with Buch nddition:\! provisions ns the Secretary deems appropriate to establish find protect tho intNest of tho United States in the enforce- ment of those obligations. 'Each such applicnnt shall also undertake and ll:,rree (1) to assist find cooperate actively with the administering department or agency and the Secretary of Labor in obtaining the complian('(\ of contractorg and subcontractors with those contract ~rovisions and ,,,ith the rules, regulations, and relevant orders of the Secretary, (2) to obtnin and to furnish to the administering depart- ment or agency and to the S<.>cretaIl of Labor such informntion as they may reqmre for the supervision'o such compliance, (3) to carry out sanctions llnd penalties for violation of such obligations imposed upon contractors llnJ fiUbcontractors by tho Secretary of Labor or tho ad- ministering depltrtment or agency pursuant to Part II, Subpart D, of this Order, find (4) to refrain from entering into any contract subject to this Order, OJ' extension or other modificn.tion of such !l. contrn.ct with n. contractor dobnrred from Government contracts under Part II, Subpart Dl of this Order. SEC. 30-2. (ll) "Construction contract" as used in this Order means any contract {or the construction, rehabilitation, alteration, conver- sion, C'xtcnsion, or repair of buildings, highways, or other Improve- ment' i 0 real properLy. (b) The provlSil'HS of Pl:rt II of this Order shall apply to such -construction contn: (Sl fit J. for purf)oses of such npplication the ad- ministering dcpartrnent or agency s u111 be considered the contracting ~geney referred to thefein. . (c) The. term "applicant" as used in this Order means un applicn.nt for Fedefal assistance or, as determined by agency regulntion, other program parI ieipnnt, with respect to whom an application for any grant, contract, loan1 insurance, or guarantee is riot finnlJy acted upon prior to the cffcctiv0 date of this Part, and it includes such an applicant after he becomes a recipient of such Federal Rssistrmce. SEC. 303. (n) Ench administcring department and agency shall 00 responsible for obtaining the complinnce of such applicn.nts with their undert<lkings under this Order. Each administering depart- ment and agency is directed to cooperate with the Secretary of Labor, nnd to furnish the Secrrtary such information nnd assistance as he may require in the performance of his functions under this Order. (b) In the event nn applicant fails find refusc.~ to comply with his undertlikings. the ndministc.ring dCfartmrnt or a~cncy mny tnke any or all of the following lictions: (1 caned, termmate, or suspend in whole or in pnrt the. agreement, contract, or ot.her arrangement with such applicant with respect to which thc flltlnre and refusal occmred; (2) refrain from extending llny further assistance to the applicant under the progrnm \vith respect to which the fniluro or refusnl occurred until satisfactory assurance of future complinncc hns been received from such applicant; nnd (3) rder the case to tho Dcpn.rt- ment of J llstice for npproprinte legal proceedings. (c) Any action with respect to nIl n.p~licllnt pursuant to Subsection (b) shall \.;0 (u)wn in conformity wltll Sect.ion 002 of tIll' Civil nights Act of ~nM (nnd the regullllions of the Ildministering department or agency Issued therl\\lllClel'), to the extent uppli.'!lule. In no ease shull action bo taken with respr..d to Illl npplicllllt, j.\l\'imnnt to Clause (1) or (2) of Subsection (b) without notice ll.nd :'l'portunity ior hearing 2S "'" - ~ ...., ~ ....., . J ".., Ii '- #I" '-" before the ndmin.isterillg department or ngency. ., SEC. 30-1. Any executive uepartlllent or agency ",Illch lInposC-.'3 by rule, regulation, or order reljlIirellle!HS 01 1I0ndJ;.;crilllinalion in em- plo~'merit, oth.)' than requircments imposed pursuant to this Onlu, may delegate to the Secretary of Lahor bJ' agre('ment such responsibili- ties with respect to compliance stancbnL'3, reports, and procedures as would tend to bring the administration of such rl'<Juiremcnts into con- formity with the ndministration of requirements imposed under this Order: ProlJidcd, That actions to effect compliance by recipients of Federal financial assistance with requirements imposed pursuant to Title VI of the Civil nights Act of 1DG-1 shall be taken in conformity with the procedures and limitations prescribed in Section GO:2 thereof and the regulations of the administ.ering department. or agency issued thercunc1cl'. , "-- PART IV-Mrscl!.LLANEOUB SEc.401. The Secretary of Labor mal dele~r.te to lU1y officer, fig"CnCYt or cmploye.o in the Executive branch 0 the Govemment, any function or duty of the SecreUtry under Parts II and III of this Order, except. authority to rrromulgate rule,s and regulations of II general nature. SEC. 402. fllO Secretary of Labor shall provide administra.t.~\"C' support for tho e:xC'cution of the program Imown as the "Plans :; or- Progress." SEC. 403. (n.) Executiv0 Orclern Has. 10590 (Jnnunry 19, 19t,';), 10122 (Au[;ust 5, J957),10825 (Mltreh G, 1D(1), 11114 (June 22,1%;)), and 11162 (July 28, J9G4), arc hereby superseded and the President's CornmiUeo on l~qllal Employment Opportunity established by Ex- ecutive Order No. 10025 is hereby nbolishNl. All rocords a.nd property in the custody of tho Committee sh:tll be tmnsfened to t.he Civil Service Commission and the Secretary of Labor, as appropriate. (b) Hothing in this OrdcI' shall be deemed to relieyo any person of any obligation assumel] or i, :posed under or pursunnt to any Ex~u- tivo Order superseded by this Order. All nIles, regu1iltions, orders, instructions, designations, and other directives lSSlIecl by the Presi- dent's Committeo 011 EquaJ Employment Opportwlit.y and those issued by tho heads of various departments or agencies unClel' or pursuant to any of the Executiye orders superseded 1l)' this Order, shall, to the extent. thut they ar0 not inconsis(r-nt with t.his Order, remain in full force and effect unless and until r(',\'o],e<1 or superseded by approprildc authority. Hefer('nces in snch dirf'clives to provisions of the super- seded orders shall be deemed to be l'cferences to the comparable provi- sions of this Order. SEC, .HH. The <lencral Sen-ircs Ac1ministmtion shall take appropri- ato Hclion to revise tile standard Government. contract foni" to accord with t h0 provisions of this Order IlncI of the rules Ilnd regulutions of the Secretary of Labor. SY-c. 405. 'rids Order shall Lecomo effcctive thirty days after the <latc of this Order. LYNDON n. ,TOllNSON. 'D t"'" I'" Tlly. 'VUI'm !lounE, Septemuer &1,1905. '-' 26 *U,$ COVI ftHII[H' PRINlI'i'. Offlcr- IH I - ,8o.HS/SOU ~ - ~ """"",. ~ ~. form ^PI""v~d Oudo~' Buroou II". ('3-1~.1142 HUD.?07 7-(,7 "..., U. S. DErMHMEtH or IiOlJSIt~G Mm UI~f\M~ DEVELOf'MEtH .... '- Instructions For Contr8ctors Regarding Affirmative Action U n u c r [ x cell ti v cOn! c r 11 2 4 G (Equal Employrncnt Opportunity) ~ E 0 .:....!\_5?Q.N T 13 !:J;I lJ [\l-~._O B LL0 A T I (~~ ,f!!II'" ~ A prime contractor or subcontractor who signs a contract on a Pederal or federally-assisted construction project assumes the obliGation to tal;e whatever affirlllrltive actions are necessary to assure equal cmplo.Ylncnt opportunity in aI' aspects of employment, irrc~;pcctivc of race, color, religion, or national origin. It is expected that a con- tract. r will carry out that part of his contract pertaining to equal employment opportunity with the same amount of thoul It and action as he will any other part of the contract. THf \.PPIRII1A TIVE ACTION PROGRAM To lJ. 'his, the contractor must have a program of affirmative action. The program must be tailored to the particu- lar " t of circumstances which apply to the contractor and to the locality, the labor market, and the project (or pre: ~t3) in which the contractor is involved. - It L expected that a contractor's affirmative action program will include actions suited to carrying out the prin- Ciples listed in the follOWing pages, to show that top management of the company intends to, and will, exert posi- tive effort to assure equal opportunity in employment. (The actions listed under these principles in the following pages are furnished only as suggestions, and are not intended to limit the kinds of actions which may be taken. A substantial propo!tion of these or comparable actions are considered feasible for the individual employer, either on his own or as part of a joint effort with his professional or trade association in the local area.) PROCE9URE POR SlJBr-.HTTING WRITTEN PROGRAM D. In some cases, submittal of written copies of the program is required. If the box at left is checked, the prime contractor is to develop and submit to the applicant,l within 15 days after the preconstruction con~ ference (or after receipt of this notice, if the project is already under construction), three copies of his written affirmative action program. Likewise, if the box is checked, the prime contractor is to submit to the appli- cant, within 15 days of awarding each nonexempt2 subcontract of $100,000 or more, three copies of the affirmative action programs of each [,uch subcontractor. An up-to-da,te copy of each affirmative action program is also to be maintained at the employment site, available for inspection by representatives of the applicant and of the Go..ern- ment. If the box is not checl\Cd, submittal of written copies will not ordinarily be required, but all other aspects of these instructions remain in effect. FOLLOW-TIIROUGH To assure compliance with equal employment opportunity requirements and evaluate progress made by a contractor under his affirmative action program, the applicant will observe the contractor's performance on a continuing b::sis. Compliance reviews will also be made by representatives of the Department of Housing and Urban Development. To be acceptaule, affirmative action programs must reflect current (as well as past) thought and action on the part ,...... of the employer. It is recommended that each contractor ane! subcontractor liCe!) a file of his equal employment activities and accomplishments. '-' Head (inslend of "lll'l'licanl" whel't'\'cr il npl'cnr~;) "Applicnnl's Archilccl/Eur:illcer" or "LPA" or "LilA" or "Sponsor" where :;uch terlll i:; more HpprOI"rillle. Head "HUD Hehionnl alike" if II dirccl Federal conlrnet i:; involved. 2 "Nol1ex('lllpt" H!l spccificnlly j,lclllilied by the Ilpplil'llnl or II represclllnlivl' of II11D III the I'reconstructioll ('1I }'''q'''' ['.'"'' ,.. c-) conference. I-~~ ~ ~"""1'", ~ u ....." ~ ......,; ,... ..... Principles of Affirmative Action AND SUGGESTED STEPS I"On A PROGltA \1 '-' 1. Wrill' out an r;;qual ErnploYllll'nt Opportunity Policy lor your company. Mal<e this policy Imol'.'n to all your em- pl()y('r~; and pol~il-tia-I-;~Jr~:~:~-;- Of~~l-I-)l~;Yc-;:s -~n(T-r;:;--;'(;ur subcontractors, a~;ldnr: :heir cooperation. Use every :>p- propria!l' Illean~; (bulll'tin hoards, handlJool:s, letlers, etc.) 1.0 r,et your points acro~;s. Be sure you are unuprstoc,J. (One way is to a~;k for sipled acknowledgments and assurances of cooperation.) ,..... 2. Appoint a top li1:>lIagemenL official in your co:npany as EqU:~}_~I11121~'mcnt ~llortll~_Ly Offic~ (or cquhalC'nt '-" title), to coordinate company efforts, to ad\'ise and assist your key staff, including superintendents and foremen, and to serve as a focal point for any complaints. 3. Assure non-rtiscriminatory recruiting for your company. taking appropriate steps such as; (n) Placing employment advertisements in newspapers which serve the largest number of minority-group peopie in the recruiting area; (b) Recruiting through schools and colleges having substantial proportions of minority students; (c) Maintaining systematic contacts with minority and human relations organizations, leaders, and spokesmen to encourage referral of Qualified minority applicants (including those in related work such as fabricating shops and home repair) and minority youths interested in construction occupations; (d) Encouraging present employees to refcr minority applicants; (e) Mal<ing it Imown to all recruitment sources that Qualified minority members are being sought for consideration for supervisory. jou\Deyman, office, and technical jobs as well as others, whenever the company hires. T"*' 4. Assure non-discriinina tory hi ring by your company, taIling appropriate steps such as; ~ (a) Instructing personally those of your staff who make hiring decisions that minority applicants for all jobs (in- cluding supervisory, journeyman, office, and technical jobs) arc to be considered without discrimination; (b) Where union agreements exist -- J, cooperating with your unions (perhaps through .your contractors' organization) in the development of pro- grams to assure qualified minority persons -- including apprentices -- of equal opportunity for employment in the construction trades: 2. including an effective lion-discrimination clause in new or renegotiated union agreements; (c) Using as many apprentices and summer and part-time trainees -- particularly from the minority group -- as work needs and union agreements, if any. will permit. 5. Assure that your company mal,es maximum use of apprenticeship and other training to help equalize opportunity for minority persons, taking appropriate steps such as: (a) Sponsoring and assisting minority )'ol,lths as well as others to enter pre-apprentice and apprentice training, and making such training available to the maximum extent within your company; (b) Actively encouraging minority employees as well as others to increase their sllills and job potential through participation in training and education programs, and helping to assure .that such programs are ade- quate and are in fact available to ,.;jnority persons; (c) Actively participalilll: in Joint Apprenticc:ship Committees; (d) Working with civic, labor. und contractors' org:lnizalions (helping 1.0 organize a sponsoring group if nec- essary) to conduct an open-aulllission training resource for the construction trades in your area. ~ 6, Assure non-discriminatory placemenl and promotion within your company. laking appropriate steps such as; "- (n) Instructing personally lhose of your stuff who make decisions on placement and promotion that minority employees arc to he considered without discrimination. and that job areas in which there is little or no minority representation should be reviewed to determine whether this results from discrimination; 2 "'" ~ "wtfII'I ~ ~ r- '- ,,-.. ~ ttIJIfIIII!'t. '- (h) Dislrihulini' wrilll'n qu('slionnaifl'~; lo all )ow('r-paid employees, inquirinG as to their interr~st und skills with rl':;Jll'rl to any of the hirllf'r-paid trade:;, followed by assistance, coulIsellill(;, and effective mcasurps to enahlC' employee's with intl'rc:;t and potctllialto qualify thell1:;clvcs for such trades, 7. Assnrl' .~.I~:~li_:~~'.l:.ill~~:I~:!~:_l~:~~--.r:tJ~~_ol1lr_~~.:.':.~t~(In ~~~~~'~~l~~!~i~o~~i!.ions in your company, laking appropriate steps such a:;: (a) Examinill(: rates of pay and fringe benefits for presenl employees with equivalent dutil'S, and adjuslh!; any inequities found; (ll) Not reducinlj the compensalion of existing (,lllployees whom you have converted to on-the-job trainee ~;latus: (c) Advising all qualified employees when('ver there is an opportunity to perform overtime work. 8. Assure non~iSC!!.::lin~torL~~lOtion, layoff, or termination, perhaps by requiring advance clearance of such ac- tk"S through j'our company's Equal Employment Opportunity Officer. 9 Encourage non-discriminatory subcontracting for your company, taking appropriate steps such as: (a) Encourd;ing minority-group subcontractors, and subcontractors with minority representation ar.1ong their employees, to bid for subcontracting work; (b) Counselling and assisting minority craftsmen who have the interest and potential to become subcor.tractcs, with respect to securin g performance bonds, writing contracts, and making bids. 10. Follow through, questioning, verifying, mal\ing whatever changes or additions to your program may be necessary to obtain results. 3 ~ ~ ...." ..... ~ r' '-' r '-" ",.. '-"' Jon DESCRrPTION - EOlJA'- OPPORTUrnTY OFFICER , . - - The Deputy Director of the Reclevelopm~nt Aoency of the City of San !3ernardino has, as an additional duty, Equal OrportuI11 ty Officer of the Redevelopment Agency of the City of San Gernardino. This position is under the direct supervision of the Execution Director and the Affirmative l\ctiol1 Committee arpointed by the Chait'man of the Goard comprised of three (3) members of the Goard of Di rectors of the Red~ve 1 opment Agency. The Equal Oprortunity Officer's scope of duties are within the clearly defined project area boundaries under the jurisdi ction of the Redevelopment Agency. It will be his responsibility that notices of employment shall be sent to all minority newspapers and organizations as is humanly possible in order that minori~y groups and contractors shall have the same information on job opportunities as the rest of the community. It is his responsibility to see that affirmative action programs are revie"/ed and to assist those contractors in the initiation of such affirmative action programs where and "/hen necessary. He is to maintain constant liaison "lith the offices of Equal Opportunity in the HUD Area Offi ces and other HUD or Federal Government Equal Opportuni ty Offices as considered appropriate. The Equal Opportunity Officer will make or cause to ~,e made visits by representatives of the Redevelopment Agency with the contractors and the workmen on the job site. This will be done to maintain a first hand observation of activities on the site as well as pro- viding for the proper type of communication betv/een the Equal Opportunity section, the Redevelopment Agency and the contractor. The Equal Opportuni ty Officer will cause each contractor and major sub-contractor to submit a weekly report on the construction I'JOrkers \.dthin his organization as to the ethnic and minority background. The Equal Opportuni ty Offi cer,' under the di recti on of the Executi ve Di rector, will encourage each department within the Redevelopment Agency to have a t;aining program for all minorities in order that their skills can be upgraded for possible managenEnt, supervision, and high level positions within the Agency. The Equal Opportunity Officer shall be consulted prior to the selection or dismissal of an employee so that all assistance possible can be given the mi nori ty worker. The Equal Opportunity Officer will: (1) Maintain personal contact I-lith minority organizations and leaders in the minority community. (2) Provi de information on programs ,,"hi ch caul d benefi t the minority communities. (3) Keep minority contractors and sub-contractors informed of work that may be available. (4) Coordinate with union leaders to get support of pOlicy of minority employment alono v/ith goals and time tables. JIIIII\ ~" ~ ~ "..., ~ (5) r~(~col11ll1cnd to the RedeveloPI~lent A(]enc~v Goard disqualificution of those contrClctors from further \'JOrk \'Iho do not have or do not coopcr<1tc in the Affirmative Action Proql^ilI11S. ""... -....... ",......, ~, ........ ""'" ,.,J ~ ~ ........ - ~ '-' ~ '- ,.... ,;- ...... EQUAL orpornUrllTY SPECIALIST JOG DESCRIPTIOn: DETAILED The ECjual Opportunity Specialist is Unclr~l' the direct surervlslon of the Equal Opportunity Officer. It is his responsibility to prearrange and conduct rrcconstruction conferences l'lith the prime contractor and its subcontractors with contracts in excess of S100,000, performing said construction work in the designated project area. He vii 11 requ'es t and revi el'l Affi rmati ve Acti on Pro9rllms and ass i s t those contractors in initiation of said Affirmative Action Programs when necessary. He w111 prepare additional copies and submit to the Depart- ment of Housing and Urban Development, Equal Opportunity Division and the Office of Contract Compliance, San Francisco for approval. He will develop and maintain communication within the jurisdiction of the project area, participate in field visits to each construction site, and participate in conferences in those areas where appropriate. Provide and maintain on a continuing basis activity and manpower reports to the Equal Opportunity Officer as to the minority participation vlithin the designated project area. He is to evaluate individual program application and review past practices as to noncompliance with Equal Opportunity requirements. He will review and bring to the attention of the Equal Opportunity Officer all complaints of discriminatio, or controversy pertaining to a specific job site, prime contractor or subcontractor. He vii 11 provi de mi nority persons or organi zati ons with i nformat; on re- garding the rights of individual citizens under the Civil Rights Law and the Department of Housing and Urban Development Program policies so governed by Executive Order 11246 as amended, and those policies and directives so adopted by the Local LPA, its Director and Board of Directors. ~ ~ ~ - 2046 ".,.. MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 17TH DAY OF AUGUST, 1972, 300 NORTH "D" STREET, SAN BERNARDINO, CALI FORNIA -- The Chairman called the meeting to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Jamison, Blakely, Blum and Webster Agency Members Absent: Gutierrez, Dudley and McDaniel Also Present: P. W. Quinn, Jr., Executive Director, Wm. A. Flory, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of August 3, 1972 were submitted for approval. Motion was made by Jamison and seconded by Blum approving the Minutes as submitted. The motion was carried by the following vote, to wit: Ayes: Jamison, Blum, Blakely, and Webster Noes: None Abstention: None Absent: Gutierrez, Dudley and McDani el EXPENDITURES: --- The Expenditures for the month of July, 1972 were submitted for approval. Motion was made by Jamison and seconded by Blakely approving the Expenditures as sub- mitted. The motion was carried by the following vote, to wit: Ayes: Jamison, Blakely, Blum and Webster Noes: None Abstention: None Absent: Gutierrez, Dudley and McDaniel r- REPORT OF AGENCY COUNSEL: Mr. Flory stated that a meeting was held between the Agen~y and CLO. CLO indicated that they would have a draft of the lease which they desire for the California Theatre ready by todays meeting. Mr. Flory stated that the lease has not been received, but he imagines it will be here for the next meeting. PARKING STRUCTURE: r \-, Mr. Quinn presented a draft resolution prepared by the City for"our adoption. The resolution set forth rules and regulations regarding parking in the 3-level parking structure. Mr. Quinn stated that it would appear premature to impose 3 hour time limits on parking on the 1st and 2nd levels of the 3-level structure. Experience can be the bes t teacher as to time control s, not only for the 3-1 evel but the enti re parking complex. Mrs r"BJum"stated that ,sne would 1 ike. to see time control s within the structure the same as those on public streets downtown. Mr. Jamison stated that he di d not feel the resol uti on was adequate and woul d requi re further study. Motion was made by Jamison and seconded by Blum tabling this matter until the next meeting. The rooti-6B wasf:!carried by the_feH;owing vote~ ,to wi t : Ayes : Jamison, Blum, Blakely and Webster Noes: None Abstention: None Absent: Gutierrez, Dudley and McDaniel 2047 CALIFORNIA CHALLENGE CONFERENCE, SEPTEMBER 13-14, 1972, LOS ANGELES: ...., The following resolution was introduced: - RESOLUTION NO. 2575 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING TWO STAFF MEMBERS AND ANY INTERESTED BOARD MEMBER TO TRAVEL TO LOS ANGELES, SEPTEMBER 13-14, 1972, TO ATTEND THE CALIFORNIA CHALLENGE 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 essenti al for no more than two staff members and any interested Board Member to travel to Los Angeles, September 13-14, 1972, to attend the California Challenge Conference. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agen~y of the City of San Bernardino, California, that the travel of not more than two Staff Members and any interested Board Member to Los Angeles, September 13-14, 1972, to attend the California Challenge Conference is hereby approved; and their travel ex- penses are authorized in accordance with Resolution No. 2043 as amended. .... Adopted: 8-17-72 ...... Motion was made by Blum and seconded by Blakely authorizing the adoption of Resolution No. 2575. The motion was carried by the following vote, to wit: Ayes: Blum, Blakely, Jamison and Webster Noes: None Abstention: None Absent: Gutierrez, Dudley and McDaniel REQUEST FOR USE OF THE MALL, YHCA, SEPTEMBER 30,1972: A letter was presented from the YINCA requesting the use of the mall the evening of September 30, 1972. Representati ves from the Yl"fCA were presented to the Members. They explained that they wish the use of the mall for a benefit preview party. They would carry necessary liability insurance. They will be using the mall after clos- ing hours. This has been checked and authorized by the Central City Company. After disucssion, motion was made bYliJamison and seconded by Blum authorizing the YWCA the use of the mall the evening of September 30, 1972 to hol d a benefi t pre- view party. The motion was carried by the following vote, to wit: Ayes: Jamison, Blum, Blakely and Webster Noes: None Abstention: None Absent: Gutierrez, Dudley and McDaniel AUTHORITY FOR BOYCE J. HARPER, JR., TO SIGN FOR SAFETY DEPOSIT BOX: The following resolution was introduced: ...... ......", 2048 r I .... RESOLUTION NO. 2576 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING MR. BOYCE J. HARPER, JR., TO SIGN ON BEHALF OF THE REDEVELOPMENT AGENCY FOR SAFETY DEPOSIT BOX WHEREAS, the Redevelopment Agency of the City of San Bernardino has the use of Safety Deposit Box tlo. 1836 at the Bank of California, San Bernardino, Ca1 i forni a; and WHEREAS, Mr. Thomas A. White has been authorized to sign on behalf of the Redevelopment Agency for sai d Safety Deposi t Box; and WHEREAS, Mr. Thomas A. White has left the employment of the Redevelopment Agency of the City of San Bernardino. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agen~yof the City of San Bernardino, California, that the signature of Mr. Thomas A. White is no longer authorized to sign on behalf of the Redevelopment Agency for the Safety Deposit Box No. 1836. BE IT FURTHER RESOLVED that Boyce J. Harper, Jr., is hereby authorized to sign on behalf of the Redevelopment Agency for Safety Deposit Box No. 1836, Bank of California, San Bernardino, California. r- ! I ~ Adopted: 8-17-72 Motion was made by Jamison and seconded by Blakely authorizing the adoption of Resolution No. 2576. The motion was carried by the following vote, to wit: Ayes: Jamison, Blakely, Blum and Webster Noes: None Abstention: None Absent: Gutierrez, Dudley and McDaniel 4:25 p.m. - Mr. McDaniel arrived at the meeting. AUTHORITY TO FILE SECOND ACTION YEAR OF APPLICATION - STATE COLLEGE: Mr. Quinn requested authorization to file a Second Action Year Application for the State College Project, and to execute the proposed contract. HUD wants immediate application for the Second Action Year, in an amount of an additional $1,000,000. They desire this application by September 1, 1972. The program was explained and discussed. The following resolutions were introduced: RESOLUTION NO. 2577 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE FILING OF THE SECOND ACTION YEAR OF THE NEIGHBORHOOD DEVELOPMENT PROGRAM APPLICATION FOR STATE COLLEGE PROJECT, A-41 ,,-. ...... 2049 WHEREAS, the Redevelopment Agency of the City of San Bernardino has been re- quested by the Department of Housing and Urban Development to avail itself of 1 the financial assistance provided by Title I of the Housing Act of 1949 as amended to request funds for the second action year on the Ne; ghborhood Develop- ...J ment Program in State College Project, A-41; and WHEREAS, it is recognized that a Federal contract for such financial assistance, pursuant to Title I, will continue to impose certain obligations and responsibilities upon the Local Public Agency, and will continue to require, among other things; (1) the provisions of the local grants-in-aid; (2) a feasible method for the relocation of individuals and families displaced from the Urban Renewal area com- prising of the program; and (3) other local obligations and responsibilities in connection with the undertaken in the carrying out of the program; and WHEREAS, Title 6 of the Civil Rights Act of 1968, Title 8 Fair Housing, Title 9 Prevention of Intimidation in Fair Housing Cases, and Executive Orders 11063 Equal Opportunity and Housing, 11246 and 11375 Equal Opportunity along with Federal Register Volumn 35, No. 25 made in February 5, 1970, as amended, and HUD Form 907 Instructions for Contractors regarding Affirmative Action under Executive Order 11246, prohibit discrimination on the basis of race, color, sex, creed, or national origin under any program or activity receiving Federal financial ass i stance. NOW, THEREFORE BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino; (1) that the United State of America and the Secretary of Housing and Urban Development be and they hereby are, assured a full compliance by the Redevelopment Agency of the City of San Bernardino with the regulations of the Department of Housing and Urban Development, effectuating Title 6 of the Civil Rights Act of 1964 and applicable Executive Orders; (2) that an application on behalf of the Redevelopment Agency of the City of San Bernardino, for a loan under Section 102 (a) said Title 1 in the amount of $1,000,000 for a program capital grant, a relocation grant and a Federal grant for the making of a re- habilitation grant to the full amount available for the undertaking and fin- ancing of the second increment of such program is hereby approved and that the Executive Director is hereby authorized and directed to execute and to file such application with the Department of Housing and Urban Development to pro- vide such additional information and to furnish such documents as may be re- quired in behalf of said department, and to act as the authorized correspondant of the Redevelopment Agency. ..., ....J Adopted: 8-17-72 RESOLUTION NO. 2578 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE PROGRAM AND PROVIDING FOR THE EXECUTION OF A PROPOSED CONTRACT FOR A TEMPORARY LOAN, DEFINITIVE LOAN, AND A CAPITAL GRANT TO AID IN FINANCING THE NEIGHBORHOOD DEVELOPMENT PROGRAM OF STATE COLLEGE PROJECT, A-41, FOR THE SECOND ACTION YEAR . .... ..... 2050 ".... I j "- WHEREAS, under Title I of the Housing Act of 1949, as aJrended, and supplemented the United States of America (herein called the IIGovernment") has tendered to the Redeve10pJrent Agency of the City of San Bernardino (herein called the "Loca1 Public Agency"), a contract herein after mentioned to make a program temporary loan, definitive loan, and a capital grant to the Local Public Agency to aid in financing the Neighborhood Development Program, designated as State College Project, A-41, for the Second Action Year in the Urban Renewal Area described herei n; and WHEREAS, the Local Public Agency has given due consideration to said contract; and WHEREAS, the Local Public Agency is duly authorized under and pursuant to the Constitution and the Laws of the State of California to undertake and carry-out the said program and execute contracts. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, as follows: r- I i I..- Section 1. The Contract between the Government and the Local Public Agency, designated Neighborhood Development Program Master Agreement and Neighbor- hood Development Program Funding Agreement, State College Project A-41, under and subject to the provisions, terms, and conditions of which the Government would make a Project temporary loan, a definitive loan, and capital grant under Title I of the Housing Act of 1949, as amended and supplemented, to the Local Public Agency to aid in financing the Second Action Year of the designated project situated in the City of San Bernardino, California, is hereby in all respects accepted and the Chairman of the Board of the Local Public Agency and the Secretary-Treasurer is authorized to attest and affix the seal of the Local Public Agency. Section 2. The Local Public Agency agrees to abide by all of the pro- visions, terms and conditions of said contract. Section 3. The Secretary-Treasurer of the Local Public Agency is hereby authori zed and di rected forthwi th to send to the DepartJrent of Hous i ng and Urban Development two certified copies of the proceedings of the Local Public Agency in connection with the adoption of this resolution, together with two certified copies of this resolution and such further documents are proof in connection with the acceptance of said contract as m~y be requested by the Government. Section 4. This Resolution shall take effect immediately. Adopted: 8-17-72 [ Motion was made by Blum and seconded by McDaniel authorizing the adoption of Reso- lutions No. 2577 and 2578. The motion was carried by the following votes, to wit: Ayes: Blum, McDaniel, Blakely, Jamison, and Webster Noes: None Abstention: None Absent: Gutierrez and Dudley Mr. Quinn stated that rehabilitation within the project should start within 60-90 days. Inspectors are already in the area inspecting homes. The public portions should start about the middle of October. 2051 INTRODUCTION OF NEW STAFF: Mr. Blakely introduced Mr. Bob Self, Rehab/Relocation Specialist; Mr. Clarence .., Upton, Rehab/Equal Opportunity Specialist; and Mr. Vance Holley, Administrative Assistant. Mr. Blakely stated that Mr. Athus Claude has been appointed Rehab. ~ Specialist but is not present at the moment. Mr. Blakely stated that the Agency has made the first step towards the Affirmative Action Program within itself, and should be commended. CENTRAL CITY AMENDATORY APPLICATION: Mr. Qui nn reques ted authorizati on to submi t a fi nal Amendatory Appl i cati on to HUD on the Central City Project, increasing the grant by approximately $5,000,000. Cer- tain site preparations and improvements which were ineligible or Item II improve- ments have been changed and are eligible items now. Also, it is the Agency's desire to close out this project four (4) years ahead of schedule. HUD will effect a savings if we can accomplish this. We still have re- maining unsold properties. The Agency has received the report from Economic Research Associates. This report will be used as an exhibit to the Final Amenda- tory, in an attempt to get HUD to revise their concurred in prices for this land. The Agency feels that this land will sell well if the prices are lowered, and the project can be closed out. This final amendatory, if approved, must be sub- mitted by September 1st. After consideration and discussion, the following reso- lution was introduced: RESOLUTION NO. 2579 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE FILING OF AN AMENDATORY APPLICATION FOR LOAN AND GRANT FOR PROJECT NO. CALI F. R- 79 ... ...." WHEREAS, it is necessary and in the public interest that the Redevelopment Agency of the City of San Bernardino, California, avail itself of the financial assist- ance provided by Title I of the Housing Act of 1949, as amended, to carry out the urban renewal project described as Central City No.1, Calif. R-79 and bounded generally by 4th Street on the north, 2nd Street on the south, Freeway (U. S. 395) on the West, and Arrowhead Avenue on the east, hereinafter referred to as the II Project" ; and WHEREAS, it is recognized that the Federal Contract for such financial assistance pursuant to said Title I will impose certain obligations and responsibilities upon the Local Public Agency and will require among other things (1) the provision of local grants-in-aid; (2) a feasible method for the relocation of families dis- placed from the project area; and (3) other local obligations and responsibilities in connection with the undertaking and carrying out of urban renewal projects; and WHEREAS, Title VI of the Civil Rights Act of 1964, and the regulations of the Department of Housing and Urban Development effectuating that Title, provide that no person shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination in the undertaking and carrying out of urban renewal projects assisted under Title I of the Housing Act of 1949, as amended; and ..... ......" 2052 ,...- WHEREAS, the objectives of the Urban Renewal Plan cannot be achieved through rehabilitation of the Project Area; and WHEREAS, in the attai nment aad fullfil 1 ment of the objecti ves of the Redevelopment Plan for Project No. Calif. R-79, certain site preparations and site improvements which heretofore have been declared ineligible or Item II improvements, have by the provisions of Urban Renewal Handbook 7209.1, dated March 1970, been declared as eligible items; and WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, does desire to avail ".itse1f of the revised provisions of project planning and financing. ...... NOW, THEREFORE, BE IT RESOLVED BY THE AGENCY MEMBERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA "'"'- 1. That the United States of America and the Department of Housing and Urban Development Secreta~y be, and they hereby are, assured of full compliance of the Redevelopment Agency of the City of San Bernardino, California, with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964. 2. That an Amendatory Application on behalf of the Redevelopment Agency of the City of San Bernardino, California, for an Amendatory to the existing Loan and Grant Contract with the Federal Government, dated March 21, 1967, as amended, for a total project capital grant substantially in the amount of $26,807,474.00 and a total Project Temporary Loan through direct or private financing under the existing Loan and Grant Contract of $36,558,896.00, and to increase the Gross Project Cost from $31,265,574 to $34,963,315.00, is hereby approved, and the Executi ve Di rector is hereby authorized and di rected to execute and to fi 1 e such an Amendatory' Application with the Department of Housing and Urban Develop- ment to provide such additional information and to furnish such documents as may be required on behalf of the Agency, and to act as authorized correspondent of the Redevelopment Agency of the City of San Bernardino, California. ,....- Adopted: 8-17-72 Motion was made by McDaniel and seconded by Jamison authorizing the adoption of Resolution No. 2579. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Blakely, Blum and Webster Noes: None Abstention: None Absent: Gutierrez and Dudley EXPANSION JOINT COVERS, FIVE LEVEL PARKING STRUCTURE: r- ~ '--' Mr. Webster stated that a workshop meeting was held regarding the five level parking structure. Mr. Krueper advised them that expansion jOint plates are needed in this structure, to be placed over the expansion joint covers already installed. These covers are not doing the job they were intended to do. These covers were recommended by Gruen Associ ates in thei r speci fi cations. The Contractor, Donovan, does not feel he is liable for this expenditure in that he was following specifications. The plates can be placed for a cost not to exceed $10,000. After careful review, the following resolution was introduced: 2053 RESOLUTION NO. 2580 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO.5 FOR UNIT 15, 5 LEVEL PARKING STRUCTURE, DONOVAN CONSTRUCTION COMPANY, CENTRAL CITY PROJECT NO.1, CALIF. R-79 ....... ........ WHEREAS, Donovan Construction Company was authorized by the Agency Board of Directors on August 17, 1972 to proceed with installation of expansion joint cover plates on Unit 15 upon acceptance of approved shop drawings discussed in IIworkshop sessionll hel d August 8, 1972; and WHEREAS, it is the opinion of the Agency and the Resident Engineer that installation of said expansion joint cover plates be granted Donovan Construction at a cost not be exceed $10,000.00; and WHEREAS, Donovan Construction Company directed to this Agency a credit of $9,912.00 due to a change in asphalt paving subcontractor; and WHEREAS, it is the opinion of this Agency and the Resident Engineer that said credi t be accepted. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the credit due the Agency from Donovan Construction Company of $9,912.00 be used as payment to Donovan Construction Company for expansion joint cover plate installations subject to approved shop drawings. Contract price remains at $3,567,000.00. .... ......, Adopted: 8-17-72 Motion was made by McDaniel and seconded by Blum authorizing the adoption of Reso- lution No. 2580. The motion was carried by the following vote, to wit: Ayes: McDaniel, Blum, Jamison, Blakely and Webster Noes: None Abstention: None Absent: Gutierrez and Dudley Motion was made by McDaniel and seconded by Blum instructing the Agency Counsel to initiate action, including legal proceedings if necessary, to receive reimburse- ment of the costs for the expansion joint plates, from parties involved - Manufacturer, Contractor or Architect. The motion was carried by the following vote, to wit: Ayes: McDaniel, Blum, Blakely, Jamison and Webster Noes: None Abstention: None Absent: Gutierrez and Dudley EXPENDITURE OF FUNDS - STATE COLLEGE - TENTATIVE PARK LAYOUT ($300): Mr. Harper stated that within the State College Project there is a proposed 29 acre park. The proper treatment of this park is being studied by the PAC Committee. The PAC Committee has recommended the services of Mr. Ed Soloman for park layouts. Mr. Soloman has stated that he would perform this service for $300. Mr. Harper requested authorization to incur this expense. The following resolution was intro- duced: ...... - 2054 ..- RESOLUTION NO. 2581 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF NOT TO EXCEED $300 TO MR. ED SOLOMAN FOR PARK LAYOUTS, STATE COLLEGE PROJECT, A-41 .....- HHEREAS, on July 17, 1972, the Department of Housing and Urban Development notified the Redevelopment Agency of the City of San Bernardino that it had approved the Agency's application for a Neighborhood Development Program, Calif. A-41, and authorized the Agency to incur expenses; and HHEREAS, the Redevelopment Agency has complied with all applicable directives relating to the establishment and incorporation as a non-profit organization of Project Area Committees; and r I I.- HHEREAS, a duly constituted Project Area Committee has been formed within the boundaries of Project No. Calif. A-41; and HHEREAS, it is the recommendation of the Project Area Committee to employ the services of Mr. Ed Soloman for park layouts for an amount not to exceed $300. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the Ci ty of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute a Contract with Ed Soloman for Park Layouts, State College Project, A-4l, for a cost not to exceed $300. Adopted: 8-17-72 Motion was made by Blum and seconded by Jamison authorizing the adoption of Resolution No. 2581. The motion was carried by the following vote, to wit: Ayes: Blum, Jamison, McDaniel, Blakely and Webster Noes: None Abstention: None Absent: Gutierrez & Dudley ARTICLES OF INCORPORATION - PAC COMMITTEE STATE COLLEGE: The Articles of Incorporation for the State College PAC Committee were submitted to the Members. Mr. Flory stated that the Articles are legally adequate and upon approval he will submit them to the Secretary of State for incorporation. Mr. Quinn requested authorization to expend funds involved in this filing. The following resolution was introduced: RESOLUTION NO. 2582 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE LEGAL COUNSEL TO FILE THE ARTICLES OF INCORPORATION OF THE STATE COLLEGE PAC COMMITTEE WITH THE SECRETARY OF STATE, AND AUTHORIZING THE EXPENDITURES OF FUNDS THEREFORE r L.... HHEREAS, on July 17, 1972, the Department of Housing and Urban Development notified the Redevelopment Agency of the City of San Bernardino that it had approvel the Agency's application for a Neighborhood Development Program, A-4l, and authorized the Agency to incur expenses; and 2055 WHEREAS, the Redevelopment Agency has complied with all applicable directives relating to the establishment of a Project Area Committee; and ~ WHEREAS, said Project Area Committee must file their Articles of Incorporation ... with the Secretary of State in order to be established and incorporated as a non- profi t organi zation. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Legal Counsel is hereby instructed to file said Articles of Incorporation with the Secretary of State. BE IT FURTHER RESOLVED that any expenditure of funds involved in this transaction are hereby authorized. AdoptedL 8-17-72 Motion was made by McDaniel and seconded by Jamison authorizing the adoption of Resolution No. 2582. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Blum, Blakely and Webster Noes: None Abstention: None Absent: Gutierrez and Dudley Mrs. June VerBerkmoes, member of the State College PAC Committee, was introduced to the Board. Mrs. VerBerkmoes is a member of a sub-committee gathering information concerning Blair Park. Mrs. VerBerkmoes expressed comments regarding the State College Project. AUTHORIZATION FOR PUBLIC HEARINGS - STATE COLLEGE AND CENTRAL CITY: ...... Mr. Quinn stated that at the last meeting the Members expressed a desire to ex- tend the boundaries of the Central City Project to include the property to be developed by Zody's. In order to do this a Public Hearing must be held on the revised Redevelopment Plan. This Hearing must be held prior to the Agency's recommendation for the change before the City Counsel. Mr. Quinn stated that a certain amount of time must be allowed for publication. October 5, 1972 was determined by all members to be the appropriate time. The following resolution was introduced: ...." RESOLUTION NO. 2583 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING A PUBLIC HEARING TO BE HELD AT THE REGULAR MEETING OF OCTOBER 5, 1972, ON AMENDMENT TO THE REDEVELOPMENT PLAN, CALIF. R-79 WHEREAS, Resolution No. 2570, adopted 8-3-72, expressed the Agency's desires to extend the boundaries of the Central City Project to include that property to be developed by Zody's and further south to also include the Southern Pacific property; and WHEREAS, it is the desire of the Agency to hold a Public Hearing on said revised Redevelopment Pl an on October 5, 1972. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Secretary is hereby authorized to publish a Notice of Public Hearing of an Amendment to the Redevelopment Plan, Central City Project, Calif. R-79. Said Public Hearing to be held at the Regular Meeting of October 5, 1972. Adopted: 8-17-72 ..... ...." 2056 r f ..... Motion was made by Jamison and seconded by McDaniel authorizing the adoption of Resolution No. 2583. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Blum, Blakely and Webster Noes: None Abstention: None Absent: Gutierrez and Dudley Mr. Quinn explained that HUD has changed some of their regulations and it is necessary to revise the Redevelopment Plan for the State College Project to more clearly identify the area in which HUD will participate, and to update some of the Relocation Regulations. The Members felt that this hearing should be held within the area itself. October 5, 1972 at Shandin Hills Jr. High School, at 7:30 p.m. was the designated time. The following resolution was introduced: RESOLUTION NO. 2584 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING A PUBLIC HEARING TO BE HELD AT THE ADJOURNED REGULAR MEETING OF OCTOBER 5, 1972, AT 7:30 P.M., AT SHANDIN HILLS JUNIOR HIGH SCHOOL, REGARDING AN AMENDMENT TO THE REDEVELOPMENT PLAN, STATE COLLEGE PROJECT, A-41 [ WHEREAS, the Department of Housing and Urban Development has changed certain regulations and it is necessary to revise the Redevelopment Plan for the State College Project to more clearly identify the area of HUD participation, and to update some of the Relocation Regulations; and WHEREAS, a Public Hearing is necessary in order to adopt said Revised Redevelop- ment P1 an'. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Secretary is hereby authorized topubli5h a Notice of Public Hearing on an Amendment to the Redevelopment Plan, State College Project, A-41. BE IT FURTHER RESOLVED that said hearing shall be held at the Adjourned Regular Meeting of October 5, 1972, at 7:30 p.m., at Shandin Hills Junior High School. Adopted: 8-17-72 Motion was made by McDaniel and seconded by Blum authorizing the adoption of Resolution No. 2584. The motion was carried by the following vote, to wit: Ayes: McDaniel, Blum, Blakely, Jamison, and Webster Noes: None Abstention: None Absent: Gutierrez and Dudley CLOCK FOR THE CENTRAL CITY MALL COURTS: [ A rendering of the clock proposed to be installed in the Central City courts was presented to the Members for review. Mr. Snyder of Canterbury Clocks was pre- sented to the Members. Mr. Snyder stated that his company will manufacture these clocks for a cost not to exceed $14,070. It is estimated by Quiel Brothers that the installation will cost approximately $500 each, or $1,000 total. Mr. Quinn stated that this is an eligible Item I cost and will be included in the Amendatory. 2057 The Menbers expressed concern that other clock manufacturers were not contacted. .., Mr. Snyder stated that this field is unique and there are very few, if any, other I firms which do this type of work. Mr. Flory stated that it is a requirerrent of ....J HUD to advertise for services, unless it is the determination of the Board that this service is a unique work of art. Many alternatives were discussed. After much consideration, motion was made by McDaniel and seconded by Jamison finding that it is the determination of the Board, that the two clocks, as proposed and designed, are considered by the Board to be unique works of art, and determining that normal bidding is not required. Further authorizing the Executive Director and Mrs. Blum to determine by the next meeting whether there are any other companies, other than Canterbury Clocks, which can perform this service. If no other company can be found by next meeting, it is the intent of the Agency to award the Contract to Canterbury Clocks. The motion was carried by the following vote, to wit: Ayes: McDaniel ,Jamison, Blum, Blakely and Webster Noes: None Abstention: None Absent: Gutierrez and Dudley CURB DEPRESSIONS FOR HANDICAPPED: Mr. Quinn stated that there is a great need for more curb depressions for the handi- capped within our project area. He requested authorization to investigate rreans of correcting this situation. The Chairman instructed the Executive Director to investigate means of correcting these areas. OTHER BUSINESS: 1 ..... The Members were advi sed that the move of the sJorage offi ce woul d be compl eted sometime within the second week of September. The old court house clock is stored there now and will not be ready to move until September. Mr. Webster stated that Fontana has been given the fee schedule of $20 per hour for top administrative assistance; $10.00 per hour for middle administrative assistance; and $5.00 per hour for clerk assistance. This schedule has been checked out with Mr. Dudley. The following resolution was introduced: RESOLUTION NO. 2585 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE FEE SCHEDULE FOR CON- TRACT FOR ADMINISTRATIVE SERVICES, BETWEEN THE AGENCY AND THE CITY OF FONTANA WHEREAS, upon recommendation of the Department of Housing and Urban Development, the Redevelopment Agency of the City of San Bernardino, has agreed to enter into contract with the City of Fontana for the use of Redevelopment Agency staff to implement Fontana's Urban Renewal Project; and WHEREAS, the Redevelopment Agency authorized the execution of a Contract with Fontana upon the receipt of an appropri ate fee schedule; and WHEREAS, a fee schedule of $20.00 per hour for top administrative assistance; $10.00 per hour for middle administrative assistance; and $5.00 per hour for clerk assistance, has been proposed. ] 2058 "...... NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby accept the fee schedule proposed by the City of Fontana for contract for Administrative Services. ...... Adopted: 8-17-72 Motion was made by Blum and seconded by Blakely authorizing the adoption of Resolution No. 2585. The motion was carried by the following vote, to wit: Ayes: Blum, Blakely, McDaniel, Jamison and Webster Noes: None Abstention: None Absent: Gutierrez and Dudley The Members were advised that a letter should be received from Gruen Associates concurring in their acceptance of the 3-level parking structure. The Executive Director was instructed to supply all necessary information to the Members regarding leaks within the 5- level parking structure, before the next meeting. The Chairman reminded all Members of the Public Hearing for Central City North to be held 8:00 p.m., August 21,1972. Mr. Quinn explained that the City of San Bernardino is considering two separate fringe benefit packages for its employees. [ Management and Confidential employees have received the 4% increase and a pro- vision whereby upon death or retirement, after five years of service, they can receive 25% of their sick leave, not to exceed 60 days. The General Employees have requested a 4-3/4% increase with the provision that upon death or retire- ment, after 10 years of servite, they can receive up to 25% of their sick leave, not to exceed 60 days. This request comes before the council on August 21st for approval. Mr. Quinn stated that upon a pole of the employees of the Agen~y, it was unanimously agreed that they would rather be considered Management and Confidential employees. After much consideration and discussion, motion was made by McDaniel and seconded by Jami son approvi ng the Fri nge Benefi t Package as approved by the Mayor and Common Council for Management and Confidential Employees, effective immediately. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Blum, Blakely and Webster Noes: None Abstention: None Absent: Gutierrez and Dudley The Executive Director was instructed to schedule a workshOp meeting with Gruen Associates regarding the Agency's IILaundry Listll. Mr. McDaniel introduced the following resolution: [ RESOLUTION NO. 2586 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND ANY OTHER BOARD MEMBER OR STAFF MEMBER DEEMED ADVISABLE BY THE CHAIRMAN TO TRAVEL TO WASHINGTON D. C. TO HAND CARRY THE CENTRAL CITY AMENDATORY _ .-~-Iliil'.:o'.',~ 205Q 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 speci ficaT-ly -authorized by a Resolution of the Agency Members';'andu- - WHEREAS, it is found essential for the Chairman and any other Board Member or Staff Member deemed advisable by the Chairman to travel to Washington D. C. to hand carry the Central City Amendatory. .., t t ..... NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the travel of the Chairman and any other Board Member or Staff Member deemed advisable by the Chairman to Washington D. C. to hand carry the Amendatory for the Central Ci ty Project, is hereby approved. BE IT FURTHER RESOLVED that thei r travel expenses are authorized in accordance with Resolution No. 2043 as amended. Adopted: 8-17-72 Motion was made by McDaniel and seconded by Blum authorizing the adoption of Resolution No. 2586. The motion was carried by the following vote, to wit: Ayes: McDaniel, Blum, Blakely, Jamison and Webster Noes: None Abstention: None Absent: Gutierrez and Dudley The Chairman delegated Wesley McDaniel as official representative of the Redevelop- ment Agency on the Mayor's Economic Advisory Committee. The Members commended the landscaping within the Central City Project. Mr. McDaniel reported that it appears that approximately 30% of the new sales taxes will be received from people outside of the City of San Bernardino. ..... I ...... ADJOURNMENT: Motion was made by Jamison and seconded by Blum adjourning the meeting at 7:10 p.m. The motion was carried by the following vote, to wit: Ayes: Jamison, Blum, Blakely, McDaniel and Webster Noes: None Abstention: None Absent: Gutierrez and Dudley .... / ...... 2060 r ...... ~lINUTES OF THF SPECIAL MEETING OF THE REDEVELOPMENT AGENCY O~ THE CITY OF SAN BERNARDINO, CALIFORNIA, HELO THE 21 ST DAY OF AUGUST, 1972, 300 NORTH "D" STREET, ROOM 320, SAN BERNARDINO, CALIFORNIA The Chairman called the meeting to order at 4:00 p.m. Roll Call showed the followino: Agency ~1embers Present: Webs ter, Jami son, Bl urn and Bl ake 1 y Agency ~1embers Absent: Gutierrez, Dudley and Mcf)aniel The Chairman reported that this Special Meeting has been called pursuant to the following notice: NOTICE OF SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA ,...... I I L... NOTICE is hereby given that a Special Meeting of the Members of the Redevelopment Agency of the Citv of San Bernardino, California, will be held at 5:00 p.m., Monday, Auoust 21, 1972, 300 North "0" Street, Room 320C, San Bernardino, California, the regular meeting place thereof, for the following purpose: 1. To award Contract for Graphi cs -- Ma 11 , 3 level Parki ng Structure and Parking Lot DATED this 18th day of August, 1972. siP. W. Ouinn, Jr. P. W. Ouinn, Jr. Executive Director [ Mr. Webster stated that bids were ooened at 4:00 o.m. on the Graohic Contract. nnly one bid was received bv the specified 4:nO bid opening time. The bid was from ORS Corporation. One other bid was received at 4:10 p.m. from Heath & Co. According to' past policies this bid should be rejected. Mr. Flory stated that the bid must be in bv the specified time to be considered. Motion was made by Jamison and seconded by Blakely rejecting the bid of Heath & Co. submitted after the specified bid opening time. The motion was carried by the following vote, to wit: Ayes: Jamison, Blakely, Blum and Webster Noes: None Abstention: None Absen~: Gutierrez, Dudley and McDaniel The Chairman stated that the bid received is for a total amount of $145,662. Deduction Alternates were noted at ~49,83q for the attraction panels ($12,460 each) and $18,00n for directories (~3,OOO each). If these items are deducted from the total price the contract would be for $77,823. Mr. Ouinn explained that the Agency requested thi s deducti on al ternate because the Central City Company is considering changing these signs to electronic signs and picking up the difference in cost. 5:10 p.m. - Mr. McDaniel arrived at the meeting. 2061 The members were concerned over only having one bid and considered resubmitting the bid for more proposals. Mr. Reynolds stated that there will be a three week delay if the Agency desires to resubmit the bid for more proposals. If it was resubmitted, QRS's bid would already be known by others. Tbe proposal could be altered slightly in some way to eliminate this. The estimate from Gruen Associates was presented for review. Mr. Shields, QRS, stated that his company prepared the estimate for Gruen Associates on this work three years ago. The members carefully reviewed the estimate and the changes to the estimate~ including the deduction of the attraction panels and directories, the deduction of the pylon sign, and the addition of the 3-level structure. After aareful review, Mr. McDaniel moved that the bid of ~RS be accepted. The moti on di ed for 1 ack of a second. There was much concern that there was no comparable bid or updated estimate to compare wi th QRS I bi d. Mr. Shields stated that there are some items in the specifications which are very costly and can be changed without any harm to the graphics program. Mrs. Blum moved to defer any decision until the next meeting and instr\;lct the staff to work up a more updated estimate. The motion died for lack of a second.- Mr. Shields stated that in view of the time element, he would waive any legality regarding the second bid received, and would like the Agency to open- and consider the bid received from Heath & Co. Mr. Flory stated that in view of this fact it would be legal for the Agency to consider Heath & Comp~ny's bid. Motion was made by Jamison and seconded by Blum authorizing the consideration of the bid submitted by Heath & Co. The motion was carried by the following vote, to wit: Ayes: Jamison, Blum, McDaniel, Blakely and Webster Noes: None Abstention: None Absent: Gutierrez and Dudley The Chairman opened the bid of Heath & Co. The total amount was $340,783, with al ternates aroouhting to $178,000. The following resolution was introduced: RESOLUTION NO. 2587 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH QRS NEON CORPORATION, L TO, FOR SIGN WORK FOR THREE LEVEL GARAGE AND SHOPPING CENTER PARKING AREA, 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 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 ..... , i ...J .., -J ..., , ...J 2()62 [ WHEREAS, the. Aqencv has under date of M.arch 21, 1967 entered into a C.ontract for Loan and Capital Grant with the United States of America providinq for financial aid to the Agency for its Central City Project No. 1,6a1if. R-79'under Title I of the Housing Act of 1949 , .asamended, and pursuant to that Contract, the Agency is undertaking certain activities necessary., for the execution of the Centra 1 Ci ty Prodect, Cali f. R-79; and l~HEREAS, the Agency invited competitive sealed bids for Sign Work for Three Level Garage and Shopping Center Parking Area; and WHEREAS, an invitatipn 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 Agencv; and WHEREAS, one bid was received at the time and place specified and one bid was received later than specified time; and WHEREAS, the Agency read aloud the one bid that was received at the time and place specified submitted by QRS Neon Corporation, Ltd. in the amount of $77,823.00; and [ t~HEREAS, the Redevelopment Agency of the Ci ty of San Bernardino has accepted the bid of QRS NeonC6rboration~Ltd., for $77,823 as it is in the best interest of the Agency to accept said proposal. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Aqency 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 QRS Neon Corporation, Ltd., i nthe aroount of $77 ,823. ()O be hereby accepted and the Chai rman and Secretary be authori zed' to execute the Contract for Si te Preparati on Uni t 1 O-A, R..79. Adopted: 8-21-72 Motion was made by McDaniel and seconded by Blakely authorizing the adoption of Resolution No. 2587. The motion was carried by the following vote, to wit: Ayes: McDaniel, Blakely, Blum, Jamison and Webster Noes: None Abstention: None Absent: Gutierrez and Dudley r I \.... Mr. Shields stated that he will make the Agency aware of any changes which might be made which could affect a savings to the Agency. Motion was:made by McOanieland seconded by Blum instr~ct;ng the Executive Oi rector todi scuss the matter of the alternatives with the Central City Company and report back to the Board the decision of Central City Company. Mr. Quinn stated that previously the Public Hearings on Central City Project and State College on the Revised Redevelopment Plans had been set for October 5, 1972. The Mayor and Council has decided to hold their Public Hearing jointly with the Agency, savi ng the Aqency 30 days. The Council has set the heari ngs for 7 :80 P. m. , October 12, 1972, at the Shandin Hills Junior High School. 2063 The Chai rman rell)i,nded the members of the Publ i c Hearing ton; ght in the Council .... Chambers on Central Gi ty North. Mr. Webster read a prepared statement proposed ' to be read to all present. The members agreed to the statement and added a ..J portion whereby it is stated that the express intention of the project is one of rehabilitation of buildings rather than removal, and the preimary focus is on commercial property even though some residential property is within the boundaries. ADJOURNMENT: Motion was made by Blakely and seconded by Jamison adjourning the meeting at 6:15 p.m. The motion was carried by the following vote, to wit: Ayes: Blakely, Jamison, Bl urn, ~1cnani el and Webs ter Noes: None Abs tenti on: None Absent: Guti errez and Dudl ey .........-\ /-- /' / -..."'.,,--...--------/ ., --i .... ....,., 2064 [ MINUTES OF THE JOINT PUBLIC HEARING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AND THE CITY OF SAN BER- NARDINO, CALIFORNIA, HELD AT 8:00 P.M., AUGUST 21, 1972, 300 NORTH 11011 STREET, CITY COUNCIL CHAMBERS ,SAN BERNARDINO, CALI FORNIA Mayor Holcomb called the City's Public Hearinq to order at 8:10 p.m., and the fo'llowing City Council Members were present: . Wheeler, Katona, Hudson, Gregory, Lackner and Holcomb Absent: Seccombe and Hammock. Also Present: Goforth and Prince Mayor Holcomb introduced George Webster, Chairman, Redevelooment Agency. Mr. Webster called the Aqency's public hearing to order, and the follOWing Agencv Members were present: Blakely, McDaniel, Jamison, Blum and Webster Aqen~y Members Absent: Gutierrez and Dudlev Also Present: Ouinn and Flory Mr. Quinn explained that Central City North is a general plan at this time to permit flexability. The boundaries are from Arrowhead Avenue to the Freeway and from Fourth Street to the south side of 8th Street. Sta~ and Federal Law require that every urban renewal project form a Project Area Committee (PAC) composed of " , residents from within the project. This committee will formulate specific plans. It is a program of renovation and not mass condemnation and demolition as in Central City. Another of its primarY goals is adequate parking for the commercial sector. [ Mayor Holcomb explained that there might be some condemnation, if a dwelling is beyond repair and the use of the buildinq causes a health and safety hazard. If this is the case, it will be necessary for the Aoency to obtain appraisals of the property to determine the value. If the price offered is not acceptable to the owner, then a decision can be made through court action. At the time a redevelopment plan is adopted, the tax base is frozen in the area. Tax proceeds are then directed to the Aqen~y instead of dividing among many entities. These funds are used for public improvements within the project area. The project was initiated bv merchants within the area who approached the Council with their concern that the area north of the Central City Mall was slowly deteriorating. Redevelooment is a tool of the City by which this can be remedied. Central City North is a program of renovation. . . It was noted that about 1/2 of the people ,present were residents within the proposed project area. [ Mayor Holcomb called for residents within the area who have questions to be answered. The following questions were asked and answered: Time limit on relocation. After title is acquired on a piece of property, a minimum of q() days is allowed for relocation. Extensions are granted on an individual basis. The Aoen~y does not have funds available to do any acquiring riqht away.: After adoption of the Plan, an application must be submitted to the Department of Housing and Urban Development for approval and funding. . --..--.......+- 2065 Can 9th Street also be included? It was explained that the boundaries can be changed if it is the desire of the PAC Committee. This is why the plan is general. Any changes can be initiated by the PAC Committee. A tablet was passed around for signatures of persons present and indication whether or not they would like to serve on a PAC Commi ttee. if the project is approved. Will the value of the property be frozen when the tax base is frozen? The freezing of the tax base will not affect the value of the property in any way. It is just a means whereby the Agency receives funds for public improvements. It is compul sary to renovate your property? If the property meets wi th the requi re- ments of the Health and Safety Code, no renovation is necessary. Persons needing to and/or wanting to upgrade their property will receive a 3% interest loan from the government. People who must upgrade their property, and cannot afford to do so, can receive outright government grants. The funding was further discussed. The Mayor and Council stated that this program will be adopted only if the people desire it. The reason for the hearing is to get the ideas of the people concerned, and to answer any questions they might have regarding the program. It is very important for the community to be informed fully. Can some of the older homes be restored for historical value? If the project is approved this recommendation should be brought before the PAC Committee for their study and recommendation to the Agency. How will this project affect home owners wanting to sell their property? The only disadvantage might arise because the perspective buyer might not want to be in- cluded within a redevelopment project area. What will happen to owners who own vacant property within the proposed area? This project will not affect them in any way. What areas are designated for commercial and what areas for residential? The designated areas will remain unchanged. The Plan follows the City's General Plan. What is going to be expected of property along IIEII Street? No definite plan is proposed. This will be a determination of the PAC Committee. Extra parking will be necessary for the merchants. What standards are necessary not to require renovation? The standards are based on the Health and Safety Code. The Agency will work with the people on inspections and explanations.t.,.,Copies of the San Bernardino Building Code can be obtained from the libra~y. The City Clerk also has a copy on file. What will happen to people who need to be relocated? The Agency will assist people in their relocation. Payments are allocated to move the people. Relocation assistance is given not only to owner/occupants but also to renters. A building can be bought from an owner, demolished, and another structure rebuilt upon the property for the owner. The owner would retain ownership of the property. Mayor Holcomb called for questions from commercial representatives. ~ - .., iffi ~ .~ .......J llIIIIlf\ .-I 2066 [ Is there an acquisition map? No, the property must be inspected first. Mr. Hodgdon requested acquisition of the YWCA and the YMCA if the project is adopted. The requested was noted.' The financing was discussed. It was felt that this project will be funded primarily through bond issue. Are storm drains going to be improved on Arrowhead Avenue? Mayor Holcomb stated that there is a plan to replace the storm drain. Are the rights of the individuals lost when a redevelopment project takes over? No, the property does, however, become subject to eminent domain if a health & safety hazard exist and cannot be corrected. This can also happen without the use of a redevelopment project. The City itself can enforce emlnent domain in a circumstance of a health ~ safety hazard. All present expressed their desire to receive copies of the Redevelopment Plan and Report. Copies were passed among the audience. Those not receiving a copy were told that copies would be mailed. Comments from the audience both for the nroject and against were heard. Mayor Holcomb requested that information meetings be held with the people concerned explaining in detail the Plan and Repo~t. Mr. nuinn stated that this. will be done. r L Mayor Holcomb suggested that the Public Hearing be continued to October 2, 1972 at 8:00 p.m. Motion was made by Wheeler and seconded by Katona continuing the Public Hearing to October 2,1972, at 8:r)O p.m., Council Chambers. The motion was unanimously approved. Motion was duly made and seconded by the Council adjourning the meeting. The motion was unanimously carried. Moti on was duly made and seconded by the Redevelopment Agency adjourni ng the meeting at 11 :00 p.m., and continuing the Public Hearing to October 2,1972, 8:00 p.m., Council Chambers. The motion was unanimously approved. r L.. -... w "liIiUfH,III11U[T-JiiLi ["1 2067 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 7TH DAY OF SEPTEMBER, 1972, 300 NORTH "0" STREET, SAN BERNARDINO, CALI FnRNIA --, ]; Si -J The Chairman called the meeting to order at 4:00 p.m. Roll Call showed the followinq: Agency Members Present: Jamison, Blakely, Webster and Dudley Absent: Blum, McDaniel and Gutierrez Also Present: Mr. Quinn, Executive Director; Mr. Flory, Agen~y Counsel; and Mrs. Baxter, Executive Secreta~y MINUTES: The Minutes of the Regular Meeting of August 17,1972 were submitted for approval. Motion was made by Jamison and seconded by Blakely authorizing the approval of the Minutes of August 17,1972 as submitted. The motion was carried by the follow- ing vote, to wit: Ayes: Jamison, Blakely, and Webster Noes: None Abstention: Dudley (He was not present for the Meeting of 8-17-72) Absent: McDaniel,. Blum and Guti errez The Minutes of the Special Meeting of August 21,1972 were submitted for approval. Motion was made by Jamison and seconded by Blakely authorizing the approval of the Minutes of August 21,1972 as submitted. The motion was carried by the following vote, to wit: Ayes: Jamison, Blakely and Webster Noes: None Abstention: Dudley (He was not present for the Meeting of 8-21-72) Absent: McDaniel and Gutierrez and Blum ..... Q it ...", The Minutes of the Public Hearing held August 21, 1972 were submitted for approval. Motion was made by Jamison and seconded by Blakely authorizing the approval of the Minutes as submitted. The motion was carried by the following vote, to wit: Ayes: Jamison, Blakely, Dudley and Webster Noes: None Abstentlon: None Absent: McDaniel and Gutierrez and Blum REPORT OF AGENCY COUNSEL: Mr. Flory stated that he has gone over the proposed lease submitted by the Civic Light Opera for the California Theatre, and he plans to review it with Mr. Kornblum, their attorney. Mr. Harper introduced Frank Harris, Chairman of the A-41 PAC Committee to the Members. Mr. Harris remarked on the project area and thanked the Agency for thei r hel p and participation. He stated that they would welcome the attendance of any Board Members at their meetings held every Wednesday evening. Some of the areas needing attention were discussed. 4:20 - Mr. Gutierrez and Mr. McDaniela.rrived at the meeting. ~ ..."J 2068 [ OFFER TO PURCHASE - LOVE'S RESTAURANT: An offer to Purchase a portion ofReu~e Parcel 2Q, Calif. R-79 (Western Sector) was presented to the Members from Mr. ~lm. Steven ttJixon, for the development of a Love's Restaurant. The property was pointed out on the map and explained. Mr. Wixon stated that they can start immediately upon approval by the Agency. The proposed right of way changes were discussed. Mr. Wixon stated that they are aware of this proposed change and have no objections. Mr. Wixon introduced Mr. George Fawcett, realtor for the purchase. Mr. Wixon stated that Mr. Fawcett was responsible for finding the property for him. After discussion, the following resolution was introduced: RESOLUTION NO. 2588 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DETERMINING THAT WILLIAM STEVEN WI XON, A REDEVELOPER IS OUALI FlED TO REDEVELOP PORTION OF REUSE PARCEL 29, CENTRAL CITY PROJECT, NO.1, CALIF~ R-79 ,AS LOVE'S RESTAURANT AND AUTHORIZING THE PUBLICATION OF THE REDEVELOPER'S STATEMENT FOR PUBLIC DISCLOSURE AND NOTICE OF PUBLIC HEARING r . 1 L... WHEREAS, the Redevelopment'Aqency of the City of San Bernardino, California desires to dispose of certain parcels of land within the Central City Project to qualified redevelopers; and WHEREAS, the Agency has offered certain parcels of land for sale under the Fi xed Pri ce Competi ti ve Method; and' . . WHEREAS, the Agency has evaluated the proposal received from Mr. Wixon. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency has determined that the proposal of Mr. Wixon is in the best interest of the Central City Project and the Redevelopment Agency of the City of San Bernardino hereby authorized publication of the Redeveloper~s Statement for Public Disclosure and Notice for Public Hearing. Adopted: 9-7-72 Motion was made by Gutierrez and seconded by Jamison authorizing of Resolution No. 2588. The motion was carried by the following Ayes: Gutierrez, Jamison, Blakely, Dudley, McDaniel and Webster Abstention: None Absent: Blum the adoption vo te, to wit: Noes: None CLOCKS FOR MALL COURTS: [ Mr. Quinn explained that Mrs. Blum found one other clock company which might be qualified to manufacture the proposed clocks for the Central City Mall - American Clock Company. Mr. Ouinn stated that he spoke to a representative of American Clock Company and they stated that they coul d furnish the proposed clocks for a cost of $17,500, $3,500 over that proposed by Canterbury Clocks. $15,070 is budgeted for the clocks, including their installation. The following resolution was introduced: .,~~" 2069 RESOLUTION NO. 2589 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT WITH CANTERBURY CLOCKS FOR THE MANUFACTURING OF TI-lO CLOCKS FOR THE CENTRAL CITY MALL COURTS .., ~1 ;i ."""J J WHEREAS, the Agency has, under date of 3-21-72, entered into Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its Central City Project, Calif. R-79, under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract the Agency is undertaking certain activities necessary for the execution of the Central City Project; and WHEREAS, the Agency desires to enter into Contract for the manufacturing of two clocks for the Central City Mall Courts; and WHEREAS, Canterbury Clocks has presented a proposal for these clocks in the amount not to exceed $14,070; and WHEREAS, the Agency members find and determine that the proposal of Canterbury Clocks is the best offer and in the best interest of the Redevelopment Agency. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the proposal of Canterbury Clocks is hereby accepted, and the Chairman and Secretary are hereby authorized to execute a Contract for said services, in an amount not to exceed $14,070. ., t ..ttI Adopted: 9-7-72 Motion was made by McDaniel and seconded by Jamison authorizing the adoption of Resolution No. 2589. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Gutierrez, Blakely, Dudley and Webster Noes: None Abstention: None Absent: Blum RATI FICATION OF COUNCIL I S ACTION - PUBLIC HEARINGS - CENTRAL CITY NORTH, CENTRAL CITY PROJECT, AND STATE COLLEGE PROJECT: Motion was made by Jamison and seconded by Gutierrez ratifying the City ~ouncil's action of continuing the Public Hearing on Central City North to October 2, 1972, in the Council Chambers, 8:00 p.m.; and setting Public Hearings on toe Amendments to Redevelopment Plans for the Central Ci~y Project and the College Park Project to October 12, 1972, Shandin Hills Jr. High School, 7:30 p.m. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Blakely, Dudley, McDaniel, and Webster Noes: None Abstention: None Absent: Blum NATIONAL HOUSING WORKSHOP, SEPTEMBER 19-22, 1972, SAN ANTONIO CONVENTION CENTER: Mr. Quinn stated that a National Housing Workshop will be held September 19-22, 1972, in San Antonio, Texas. The following resolution was introduced: ~ ....J 2070 ,.... RESOLUTION NO. 2590 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE TRAVEL OF ANY INTERESTED BOARD MEMBER AND THOSE MEMBERS OF THE STAFF RE- COMMENDED BY THE EXECUTIVE 01 RECTOR, TO sm ANTONIO, TEXAS, SEPTEMBER 19-22, 1972 ~ L 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 soecifically authorized by a Resol uti on of the Aaency Members; and . WHEREAS, it is found essential for anv interested Board Member and any member of the staff recommended by the Executive Director to attend the National Housing Workshop to be held September 19-22, 1972, in San Antonio, Texas. NOW, THEREFORE, BE IT RESOL YEn by the Redevelopment Agency of the Ci ty of San Bernardino, California, that the travel of any interested Board Member and those members of the staff recommended by the Executive Director, is hereby approved to attend the National Housing Workshop to be held Seotember19-22, 1972, in San Antonio, Texas. . . . BE IT FURTHER RESOLVED that their travel expenses are hereby authorized in accordance with Resolution No. 2043 as amended. ,..... , i I Adopted: 9-7-72 \....... Mdition was made by Dudley and seconded by McDaniel authori zing the adoption of Resolution No. 2590. The motion was carried bv the following vote, to wit: Ayes: Dudley, McDaniel, Blakely, Jamison, Gutierrez and Webster Noes: None Abstention: None Absent: Blum PLANNING/REDEVELOPMENT MEETING, LOS ANGELES, SEPTEMBER 15, 1972: The followinq resolution was introduced: RESOLUTION NO. 2591 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARIDINO~ CALIFORNIA, AUTHORIZING THE TRAVEL OF TWO STAFF MEMBERS AND ANY INTER- ESTED BOARD MEMBER TO LOS ANGELES, SEPTEMBER 15, 1972 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 Aqen~y Members; and . "... 1 . \- WHEREAS, it is found essential for not more than two staff members and any interested Board Member to travel to Los Angeles, September 15, 1972, to attend a Planning/Redevelopment Meeting. 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 Los Angeles, September 15,1972, to attend a Planning/Redevelopment Meetinq is hereby approved, and their travel expenses are hereby authorized in accordance with Resolution No. 2043 as amended. Actoptec\; 9-7-72 2071 Motion was made by Jamison and seconded by Gutierrez authorizing the adoption of Resolution No. 2591. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Blakely, McDaniel, DUdley and Webster Noes: None Abstention: None Absent: Blum ~ ...J TALLMAN: Mr. John Creatura, representing Ervin Tallman, stated that they should be ready to take title to their proper~y next week. EASEMENT DOCUMENT: A request was presented from the City of San Bernardino for the execution of an Easement Document, dedicating a portion of the south side of Fourth Street be- tween IIEII and IIFII Streets to the City. The following resolution was introduced: RESOLUTION NO. 2592 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE AN EASEMENT DEED WHEREAS, the City of San Bernardino, has requested an additional dedication along the South side of Second Street; and WHEREAS, the additional dedication is in the best interest of the public. ..., .~ . .....i NOW, THEREFORE, BE IT RESOLVED that the Chairman and Secretary are hereby authorized to execute an easement deed to accomplish the additional dedication. Adopted: 9-7-72 Motion was made by Dudley and seconded by Jamison authorizing the adoption of Resolution No. 2592. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, McDaniel, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent: Blum OFFER TO PURCHASE, WATER DEPARTMENT: Mr. Quinn stated that the Water Department is interested in acquiring fee title to the property commonly referred to as the P. E. ri ght of way from Ri al to Avenue northerly to the south property line of the parcel by Garner, Tee, Tracadas & Troy. The Water Department owns all property adjacent to said P.L right of way. After discussion, the following resolution was introduced: RESOLUTION NO. 2593 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE A QUITCLAIM DEED FROM THE AGENCY TO THE CITY OF SAN BERNARDINO FOR A PORTION OF REUSE PARCELS 44, 45 and 46, R-10 .... .....J 2072 ,..... WHEREAS, the City of San Bernardino Water Department has requested that the Agency execute a Ouitclaim Deed for any interest the Agency may have in a portion of Reuse Parcels 44, 45 and 46, R-10; and WHEREAS, the Water Department will assume any and all costs relating to the clearing of title to said strip of land; and WHEREAS, it is believed that the execution of the Quitclaim Deed is in the best interest of the Agency and Water Comoany. NOW, THEREFORE, BE IT RESOLVED that the Chairman and Secretary are hereby authorized and instructed to execute said Quitclaim Deed, subject to a Public Hearing to be held September 21, 1972. Adopted: 9-7-72 '-- Motion was made by Jamison and seconded by Dudley authorizing the adoption of Resolution No. 2593, approving the proposed clearance of title without any fee, or cost whatsoever to the Agency, to the Water Department, subject to a Public Hearing to be held SePtember 21, 1972. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Blakely, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: Blum KRUEPER ENGINEERING INSPECTION SERVICES, UNIT 15: ........ Mr. Krueper requested an increase in their Inspection Services Contract for the parking structures, due to the extension of Donovan's Contract, in an amount not to exceed $3,500.00. This amount should cover Donovan's contract through completion. The following resolution was introduced. fl""- , RESOLUTION NO. 2594 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT NO. 5 FOR RESIDENT CONSTRUCTION SUPERVISION/INSPECTION SERVICES, UNIT 14 and 15, CENTRAL CITY PROJECT NO.1, CALIF. R-79 r- ~ \...- WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into Contract with Krueper Engineering & Associates for Resident Construction Supervision/Inspection Services for the construction of a 3 and a 5 level parking structure August 17, 1970 and Amendment No.1 dated November 23, 1971, Amendment No.2 dated March 3, 1972, Amendment No.3 dated May 1, 1972 and Amendment No.4 dated July 10, 1972; and WHEREAS, there is still work to be completed on the 5 level structure with remedial pick up work to be completed on the 3 level structure; and WHEREAS, it is necessary to increase Krueper Engineering's Contract by an amount of $3,800.00 s~tting contract price at $76,415.00 because of said over run of contract' and WHEREAS, contractor, Donovan Construction Company will reimburse this Agency for the amount set forth in Amendment No. 5 under the same terms as Amendment ~7 ~'_Tl<";i,~,V" 2073 No.4 plus all additional expenses incurred due to the over run of their contract. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be hereby authorized to execute Contract Amendment No. 5 wi th Krueper Engineeri ng & Associ ates for Inspection Services for an additional fee not to exceed the sum of $3,500, setting contract price at $76,415.00. II1II\ ..." Adopted: 9-7-72 Motion was made by Dudley and seconded by McDaniel authorizing the adoption of Resolution No. 2594. The motion was carried by the following vote, to wit: ~yes: Dudley, McDaniel, Jamison, Blakely, Gutierrez and Webster Noes: None Abstention: None Absent: Blum RESOLUTION REGARDING PARKING REGULATIONS, 3 LEVEL PARKING STRUCTURE: Mr. Quinn stated that he has not made any comment to the City Attorney's proposed resolution regarding the parking structure regulations. Mr. Quinn stated that be: still feels that it would be premature to impose a 3 hour time limit on the parking on the 1st and 2nd levels. A meeting is proposed for the 19th with the Central City Company, Penney Company, Wards and the Harris Company. Mr. Quinn stated that he wourd like to explore the parking regulations with these tenants of the mall. Motion was made by McDaniel and seconded by Jamison tabling this matter until the next meeting. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Dudley, Blakely, Gutierrez and Webster Noes: None Abstention: None Absent: Blum ..., CLAIM FOR EXTRA WORK - STEINY ELECTRIC: - A request was presented from Steiny Electric for reimbursement in the amount of $7,108.55 for the replacement of existing conduit on Second Street, due to corrosion. Thi s reques t was presented to the Board in June and deni ed because they proceeded with the work without prior Agency approval. The City had requested that the work be done. An estimate has been prepared by Paige Electric indicating that the work could be performed for $6,849.61. Paige did not include a cost for air compressors, backhoes, general supervision, etc. After discussion, the following resolution was introduced: RESOLUTION NO. 2595~ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO. 9 WITH FONTANA PAVING, INC. FOR AN AMOUNT NOT TO EXCEED $7,108.55 WHEREAS, Steiny Company, Inc., subcontractor of Fontana Paving, Inc., General Contractor for Unit 11, R-79 was instructed by the City of San Bernardino to replace existing conduit on Second Street west of Arrowhead Avenue and Court Street between "0" Street and Arrowhead Avenue, whi ch due to corrosi on prevented said company from pulling new conductor wiring through said conduit; and ... .....,;j 2074 ".... , Ii WHEREAS, this Agency requested another estimate from Paige Electric Company to determine if said amount of $7,108.55 was a fair and reasonable fee for said services performed; and '-- WHEREAS, it is the ooinion of the Agency Board of Directors and Staff that said amount was fair and equitable. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California be hereby authorized to enter into Change Order No.9 with Fontana Paving, Inc. for an amount not to exceed $7,108.55, Site Pre- paration Unit 11, R-79. Contract limit now stands at $836,000.67. Adopted: 9-7-72 Motion was made by Jamison and seconded by Gutierrez authorizing the adoption of Resolution No. 2595. The motion was carried by the following vote, to wit: Ayes: Mcf)aniel, Jamison, Gutierrez, Blakely, Dudley and Webster Noes: None Abstention: None Absent: Blum CONTRACT FOR TITLE SERVICES - A-41 : Mr. Quinn stated that bids were opened tod~y for title services for the State College Project Area, A-41. Mr. Quinn stated that the staff recommends the services of First American Title Company. After discussion, the following resolution was introduced: ,- , ~ RESOLUTION NO. 2596 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND EXECUTIVE DIRECTOR TO ENTER INTO CONTRACT FOR TITLE SERVICES ON STATE COLLEGE PROJECT NO.4 A-41 WITH FIRST AMERICAN TITLE INSURANCE COMPANY WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to have certain title services performed: and WHEREAS. the Aqency invited all title companies to submit proposals; and WHEREAS, First American Title Insurance Company was successful in their proposal. NOH, THEREFORE, BE IT RESOLVED that the Chai rman and Executi ve Di rector are hereby authorized and instructed to enter into contract for title services with First American Title Insurance Companv. Adopted: 9-7-72 r \ \...... Motion was made by McDaniel and seconded by Dudley authorizing the adoption of Resolution No. 2596. The "motion was carried by the following vote, to wit: Ayes: McDaniel. Dudley, Jamison, Gutierrez, Blakely and Webster Noes: None Abstention: None Absent: Blum 2075 Mr. McDaniel requested that the staff request an Affirmative Action compliance from First American Title Company. ~ HARRIS AND FRANK, REQUEST FOR EXTENSION OF TIME: ..., A letter was presented from Harris & Frank requesting an extension of their rental agreement until October 11, 1972. They stated that they will be able to relocate in the mall by this date. Mr. Quinn explained that any extension past this date could not be granted, the structure must be torn down immediately after this date. He further stated that Luke and VongeMohave also r@qwested an extension ulJtil this date..~After disc~ssion ,.lOOticm ,was madecby Jamison and secanEleG 'by Blakely author- i zi ngc-,an extension Qt;.RentalAgre8ffl(t.,.f5s 'with Hal;"ri s & Frank and,l:uke & Vondey unti 1 October 11, 1972-; witn the sti"ulat~Anthat no further"extensi;6iIj1~"I~qn be granted. The motion was~arri'e(hby,the following vote,-to wit~ A'1e'id JamisoniBlakeJy,~Dudley, Gutierrez, McDaniel and Webster Noes: None Abstention: None Absent: Blum EXPENDITURE OF FUNDS, PROJECT MAPS, A-4l: Mr. Quinn requested authorization to expend funds for State COllege Project Maps. A breakout of bids was presented. The breakout was reviewed and the map proposed viewed. After discussion, the following resolution was introduced: RESOLUTION NO. 2597 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING EXPENDITURE OF FUNDS FOR THE PRINTING OF PROJECT MAPS FOR STATE COLLEGE PROJECT NO.4, A-4l .., ...... WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, de- sires to have certain maps reproduced; and WHEREAS, bids were solicited from various printing firms; and WHEREAS, Robert Baker's Printing was the successful bidder. NOW, THEREFORE, BE IT RESOLVED that the expenditure of funds for the printing of said maps is hereby authorized. Said expenditure shall not exceed the amount of $655.15. Adopted: 9-7-72 Motion was made by Jamison and seconded by Gutierrez authorizing the adoption of Resolution No. 2597. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Blakely, Dudley, McDaniel and Webster Noes: None Abstention: None Absent: Blum KRUEPER ENGINEERING, MALL INSPECTION SERVICES: A request was presented from Harry Krueper requesti ng payment for addi ti onal services rendered for redesigning involved in sewer line changes in the west and southwest arcades, in the amount of $551.43. This change pertains to the arbitration between Diffenbaugh and Taber Plumbing. The members felt that this matter should be held until after the arbitration. ... x ....J 2076 r f ;...., Mr. Krueper also requested reimbursement in the amount of $551.13 for reinspection and evaluation of the Mall at the end of the one-year Reriod following acceptance. Virgil Smith explained various items, they have found that need to be corrected within the mall. He stated that it will take some time to determine, if at all possible, the parties responsible for the items. After considerable review, the following resolution was introduced: RESOLUTION NO. 2598 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT NO.5 IN THE AMOUNT OF $551.13 FOR RESIDENT CONSTRUCTION SUPERVISION INSPECTION SERVICES, CENTRAL CITY PROJECT NO.1, KRUEPER ENGINEERING & ASSOCIATES, 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 the Cen- tral Ci ty Mall ,under Contract dated July 31, 1969, Contract Amendment No. 1 dated June 24, 1970, Contract Amendment No.2 October 16, 1970, Contract Amendment No. 3 dated Februa~y 3, 1971 and Contract Amendment No.4 dated October 13,1971; and ~ WHEREAS, it was necessary for a reinspection and evaluation of the Mall at the end of the one year period following acceptance for a cost of $551.13. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary be hereby authorized to execute Contract Amendment No.5 with Krueper Engineering & Associates for an additional fee of $551.13. Adopted: 9-7-72 ....... I Motion was made by McDaniel and seconded by Jamison authorizing the adoption of Resolution No. 2598, authorizing payment in the amount of $551.13 for mall inspection services. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Gutierrez, nudlev, Blakely and Webster Noes: None Abstention: None Absent: Blum OTHER BUSINESS: 5:45 p.m. - The Chairman called an Executive Session regarding possible litigation. 7:20 p.m. - The Chairman closed the Executive Session and reconviened the meeting. ADJOURNMENT: 7:25 p.m. - Upon motion duly made and seconded the meeting was adjourned until Monday, September 11, 1972, at 2:00 p.m. The motion was unanimously carried. r i \-, 2077 MINUTES OF THE ADJOURNED REGULAR MEETING OF SEPTEMBER 7, 1972, HELD SEPTEMBER 11,1972, 2:'l0 P.M., 300 NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA .... The Chairman called the meeting to order at 2:00 p.m. Roll Call showed the following: ....,J Agen~y Members Present: Webster, Gutierrez, Blakely, McDaniel and Blum Aqen~y Members Absent: Jamison and Dudley Also Present: Mr. Quinn, Executive Director; Mr. Flory, Agency Counsel; and Mrs. Baxter, Executive Secretary Mr. Webster stated that this is the continuation of the meeting held September 7, 1972. 2:10 p.m. - Mr. Webster called for an Executive Session 2:40 p.m. - Mr. Webster closed the Executive Session and reconviened the meeting. DONOVAN CONSTRUOTION COMPANY - PARKING STRUCTURES: The Members explained to Donovan Construction Company that they were not prepared at this time to make any decision regarding the Liquidated Damages incurred because of the delays on the parking structures. They stated that they would like to hear any remarks Donovan's might have regarding the structures. Donovans explained that they do not feel all the delays were entirely their fault. They stated that they did not feel at all times that they were given the correct amount of days on time extensions. The contract did not specify that the Agency would have a resident engineer on the job for inspection purposes. They felt that this caused them some delay. These areas were discussed by the Members, the Architect, the Inspector and Donovans. After review, Mr. Webster deferred any decision on this matter until 2:00 p.m., Thursday, September 21, 1972. All members agreed. ~ ...... ADJOURNMENT: Motion was made by Gutierrez and seconded by Blakely adjourning this meeting until 2:00 p.m., Thursday, September 21, 1972. The motion was carried by the following vote to wit: Ayes: Gutierrez, Blakely, McDaniel, Blum and Webster Noes: None Abstention: None Absent: Jamison and Dudle.v ~ ...."J . ///'" 2078 "... MINUTES OF THE ADJOURNED REGULAR MEETINr, OF SEPTEMBER 7, 1972, HELD SEPTEMBER 21,1972,2:00 P.M., 301) NORTH "0" STREET, SAN B~RNARDINO, CALIFORNIA \.- Due to the lack of a quorum the Adjourned Requ1ar Meeting was not held. The Executive Director adjourned the meetinq. ,....... 'lo...- ",.- ~ -- lU1iiIfl5ilJ 1~1l J*~-- ,nT7if ~~...".",,,,...~:q;i!"--'~iii<;,1;:i-:-:~_T2f J'-'-ilC:]IUI.._ - ~-;t~i40~-iY-"'i'-:1'-1'-~l--;j~i!:'_'iC~"'~:"-~:-- 2079 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 21ST DAY OF SEPTEMBER, 1972, 300 NORTH "0" STREET, ROOM 320, SAN BERNARDINO, CALIFORNIA ..., t ..J The Chairman called the meeting to order at 4:00 n.m. Roll call showed the following: Agency Members Present: Webster, Jamison, Dudley and Gutierrez Agency Members Absent: Blum, Mc Daniel and Blakely Also Present: Mr. Quinn, Executive Director; Mr. Flory, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of September 7, 1972 were submitted for approval. Motion was made by Jamison and seconded by Gutierrez approving the minutes as sub- mitted. The Motion was, carried by the following vote, to wit: Ayes: Webster, Jamison, Dudley and Gutie'rrez Noes: None Abstention: None Absent: Blum, McDaniel and Blakely 4:05 p.m. - Mrs. Blum arrived at the meeting. The Minutes of the Adjourned Regular Meeting of September 7, 1972, held September 11,1972 were submitted for approval. Motion was made by Gutierrez and seconded by Blum approving the Minutes as submitted. The motion was carried by the follow- ing vote, to wit: Ayes: Gutierrez, Blum, Jamison, and Webster Noes: None Abstention: Dudley Absent: McDaniel and Blakely ., ..... REPORT OF AGENCY COUNSEL: Mr. Flory reported that the arbitration was held regarding the Diffenbaugh-Taber dispute. The arbitrators found in favor of Diffenbaugh in the amount of $6,314.32. The Agen~y has prepared the check to Oiffenbaugh in this amount. PUBLIC HEARING, WM. STEVEN WIXON, REUSE 29, R-79: The Chairman reported that this is the time and place scheduled for the Public Hearing on the sale of Reuse Parcel 29, R-79, to Wm. Steven Wixon for the develop- ment of a Love's Restaurant. There being no objections to said sale, the Public Hearing was closed. PUBLIC HEARING, WATER DEPARTMENT, PORTIONS OF REUSE 44, 45 and 46, R-10: The Chairman reported that this is the time and place scheduled for the Public Hear- ing on the transfer of title from the Agency to the Water Department on Reuse Parcels 44,45 and 46, Calif. R-10. There being no objections to said sale, the Public Hearing was closed. ...... ....", 2080 r 1 ;1 \- OFFER TO PURCHASE REUSE PARCEL 29, R-79, WILLIAM WIXON: Mr. Wixon explained that a soil test has revealed that the soil on Reuse Parcel 29 must be removed, to a depth of 31, and recompacted along with additional soil, in order to make the land buildable. Mr. Jack Ridde1, CHJ Material Lab, stated that the existance of underground debris remaining from derrolition activities exists throughout the western portion of the project, and this is not a normal condition for the downtown area as a whole. He stated that it would cost aporoximatelv $1,500 - $2,000 for this soil re- compaction. This condition will probably be the same throughout the entire west end of the oroject. In view of this condition, the following resolution was introduced: RESOLUTION NO. 2599 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTIVE DIRECTOR TO INVITE COMPJ:TITIVE BIDS FOR SOIL RECOMPACTIONON REUSE PARCEL 29, CALIF. R-79, AND AUTHORIZING THE EXPENDITURE OF SAME, NOT TO EXCEED $2,000 ,,-.. WHEREAS, the Redeve10prrent Agency of the City of San Bernardino, California, declared its intention to dispose of portions of Reuse Parcel 29, Central City Project No.1, Calif. R-79, to William I~ixon, bv Resolution No. 2588, adopted 9-7-72; and '-- WHEREAS. a soil test has revealed that the soil on said portion of Reuse 29 must be rerroved to a depth of 3', and recompacted along with additional soil in order to make the land buildable; and . . WHEREAS, the soil condition is due to the demolition which occured within the area. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardi no, Cal i forni a, that the Executive Di rector is hereby authori zed to invite competitive bids for soil recompaction on Reuse Parcel 29, Calif. R-79, and the expenditure of same is hereby authorized, not to exceed $2,000. Adopted: 9-21-72 Motion was made by Blum and seconded by Jamison authorizing the adoption of Resolution No. 2599. The rrotion was carried by the following vote, to wit: Ayes: Blum, Jamison, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: McDaniel and Blakely The following resolution was introduced: "... I J '-- RESOLUTION NO. 2600 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINn, CALIFORNIA, APPROVING THE SALE OF A PORTION OF REUSE PARCEL 29, CENTRAL CITY NO.1, CALIF. R-79, AND AUTHORIZING A 5% FINOERS FEE TO GEORGE LA MAR FAWCETT =-'~~"-i1I'l: ''..'I!'I!iIlIlJU ".~.,.,.".;;:;"c:,~"."..,~" ~~H -~__i-= ,. ,",.'j{C.Cli '~'----'-;,;",,,-",,-, I' 2()81 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, declared its intention to dispose of portions of Reuse Parcel 29, Central City Project No.1, Calif. R-79 to William Steven Wixon, by Resolution No. 2588, adopted 9-7-72; and WHEREAS, William Steven Wixon was introduced into the Agency by George LaMar Fawcett and therefore is entitled to a finders fee; and -., I i ...J WHEREAS, public disclosure of the Agency's intention to sell portion of said parcel to Redeveloper was made in accordance with RHA 7214.1, Chap. 4, Sec. 4; and WHEREAS, a Public Hearing regarding the proposed sale of said parcel to William Steven Wixon was held September 21,1972 in accordance with RHA 7214, Chap. 4, Section 4. NOW, THEREFORE, BE IT 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 approve the 5% finders fee to George LaMar Fawcett and are authorized and directed to enter into Disposition Agreement for the sale of a portion of Reuse Parcel 29, R-79, to William Steven Wixon, subject to the approval of the Deoartment of Housing and Urban Development. Adopted: g-21-72 Motion was made by Dudley and seconded by Gutierrez authorizing the adoption of Resolution No. 2600. The motion was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, Webster, Blum and Jamison Noes: None Abstention: None Absent: McDaniel and Blakely ...., TRANSFER OF TITLE, WATER DEPARTMENT, PORTIONS OF REUSE PARCELS 44, 45 AND 46, R-10: -J The following resolution was introduced: RESOLUTION NO. 2601 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE A QUITCLAIM DEED TO PORTION OF RE- USE PARCELS 44, 45 and 46, R-10 WHEREAS, the Water Department of the City of San Bernardino, California, declared its intention to acquire a portion of Reuse Parcels 44, 45 and 46, R-10; and WHEREAS, public disclosure of the Agency's intention to Ouitclaim portions of said parcels to the Water Department was made in accordance with RHA 7214.1, Chapter 4, Section 4; and WHEREAS, a Public Hearing regarding the proposed Quitclaim of said parcel to the Water Department was held September 21, lq72 in accordance with RHA 7214.1, Chapter 4, Section 4. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- -lilt nardino, California, that the Chairman and Secreta~y are hereby authorized and di rected on behal f of the Agency to execute a Quitcl aim for a portion of Reuse .......J Parcels 44, 45 and 46, R-10, to the San Bernardino Water Dep~rtment. Adopted: 9-21-72 " 2082 ,.... 1 I \...., Motion was made by Gutierrez and seconded by Jamison authorizing the adoption of Resolution No. 2601. The motion was carried by the following-vote, to wit: Ayes: Gutierrez, ,Jamison, Hebster, Dudley and Blum Noes: None Abstention: None Ab~ent: B1ake1v and McDaniel 4:45 - Mr. McDaniel arrived at the meeting. TALLMAN - REUSE PARCELS 15, 16, PORTION OF l3b AND 17:, A letter was presented from John Creatura, on behalf of Erven Tallman, requesting the following conditions in regard to their purchase of Reuse Parcels 15,16, portion of 13b and 17: a) $5,500 now on deposit with original purchase offer; b) $35,000 now deposited in escrow; . c) $34,750 payable 12 months after close of escrow; d) $34,750 payable 24 months after close of escrow; e) 7% interest to be paid to the Agency on the $69,500 balance due; and f) Property will be paved and established as a parking lot within 30 days after close of escrow "..... Mr. Ouinn explained that Tallman had oriqinally proposed an Office Building on this property. The Agency Board directed him not to place this property in competition with unsold land remaining in R-79. He then proposed to develop the land as a parking lot vs the office building, until such time as directed by the Agency to proceed. Mr. Ouinn stated that it is not the policy of the Board to accept any terms re- garding financing; however, the Agency did place rather severe restrictions on the development of the land. Mr. Gutierrez moved that the request of Erven Tallman be denied. The motion died for 1 ack of a second. '-- After review and consideration, and due to the fact that the Agency had placed severe restrictions on the development, the following resolution was introduced: RESOLUTION NO. 2602 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALI FORN lA, DETERMINING CERTAIN TERMS IN REGARDS TO SALE OF REUSE PARCELS 15, 16, PORTION OF 13B,AUl)" ](l~R-ln,) ERVEN TALLMAN, WHEREAS, the Redevelooment Agency of the City of San Bernardino, California, entered into an Aqreement with Erven Tallman for the disoositon of Reuse Parcels 15, 16 and portions of 13b and 17, R-10, dated Januarv 24, 1972; and [ WHEREAS, by Resolution No. 2541, adopted 6-16-72, the Aqency restricted the development of this oarce1 to a parking lot for interim use until Parcels Band E in the Central City Project are developed; and HHEREAS, due to this severe restriction, certain conditions of escrow have been revi sed. ~ - ~_~_______~".v",,,,,-,,,~,_",,,,;i: ;Y;-.l-~ ~1-mm'jIiK.li ilj ='..w'<;i.f"'~'~ 2083 NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that the closing of escrow is hereby authorized upon the following conditions: a) $5,500 now on deposit with original purchase offer; b) $35,000 now deposited in escrow; c) $34,750 payable 12 months after close of escrow; d) $34,750 payable 24 months after close of escrow; e) 7% interest to be paid to the Redevelopment Agen~y on the $69,500 balance due; and f) The subject proper~y will be paved and established as a parking lot within 30 days after close of escrow. Adopted: 9-21-72 Motion was made by Jamison and seconded by McDaniel authorizing the adoption of Resolution No. 2602. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison and Blum Noes: Webster Abstention: Gutierrez Absent: Blakely GARNER, TRACADAS & TROY, INC. - BILL $750: Mr. Tracadas was introduced to the Board. He stated that he has submitted a bill to the Agency for $750 in January, which has not been paid yet. This is for work done along 2nd Street. He stated that upon Agency request his firm met the con- tractor doing street work on 2nd Street to provide necessary staking. The con- tractor failed to point out a third drivewaY which needed to be staked. Only two dri veways were staked. Mr. Quinn explained that the Agen~y does not feel that this is their fault and should not be responsible. Mr. Tracadas stated that he does not feel the Agency should be liable for this expense, but that he would like to see reimbursement made somehow. Mr. Flory stated that the conflict is between the contractor and Garner, Tracadas and Troy. After discussion, motion was made by McDaniel and seconded by lJamison tabling this matter until it is brought back at the request of the Agency Counsel. The motion was carried by the following vote, to wit: Ayes: McDaniel, Jamison, Blum, Gutierrez, Dudley and Webster Noes: None Abstention: None Absent: Blakely ~ '. ~ CENTRAL CITY WEST END DISPOSITION: Tom Schriber, Central City Company, was presented to the Members. Mr. Schriber. stated that Central Ci~y Company would like the Agen~y to deed directly to the Auto Club that portion of property within the West End which the Auto Club will occupy, upon the close of escrow. Mr. Quinn stated that this is merely a transfer of ownership. Mr. Flory stated that this is legally alright. After discussion, the following resolution was introduced: /- .., ! I -J ., , -" ,..., ...,j 2084 r- I L RESOLUTION NO. 26~3 RESOLUTION OF THE REDEVELOPMENT A~ENCY OF THE CITY OF SAN BERNARDINO, CALI FORNI A, AUTHnRIZING THE SUBSTITUTION OF AUTO CLUB OF SOUTHERN CALI FORNI.A FOR AND IN PLACE OF CEN- TRAL CITY CO~1PANY, PORTION OF REUSE 32, CALIF. R-79 I~HEREAS, the Redevelopment AdenCy of the City of San Bernardino, California, has authorized the sale of a portion of Reuse Parcel 32, Calif. R-79, to the Central City Company; and WHEREAS, said portion of Reuse 32 was to be deve10ned for the Auto Club of Southern Ca1ifornia~ and HHEREAS, the Auto C1 ub now des i res to purchase the property: and l~HEREAS, Central City Company is aqreeab1e to the substitution. NOH, THEREFORE, BE IT RESOLVED by the Redeve10nment Aaencv of the City of San Ber- nardino, California, that the Auto Club of Southern California is hereby sub- stituted for and in place of the Central City Company for a portion of Reuse Parcel 32, Calif. R-79 Adopted: 9-21-72 [ Motion \^Jas made by Dudley and seconded by Jamison authorizinq the adoption of Resolution No. 2603, subject to a .l&,tel"of assurances by the Central City Company. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Dudley, Blum, McDaniel and Webster Noes: None Abstention: None Absent: Blakely CERTIFICATE OF COMPLIANCE, PAIGE ELECTRIC, REUSE 82b, R-10: The fo11owina reso1ution.was introduced: RESOLUTInNNO. 2604 RESOLUTIf'lN OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALI FORNI.A, AUTHORIZING ISSUANCE OF REDEVELOPER'S CERTIFICATE OF CQMPLIANCE Tn PAIGE ELECTRIC, REUSE PARCEL 82b, CALI~. R-10 / t~HEREAS, Paide Electric, hereinafter called the Redeye1ooer, has entered into an . Agreement and Grant Deed with the Redeye10pment Adeney of the City of San Bernardino; and HHEREAS, said Aareement, dated ~1arch 19, 197'1, was recorded on November 4, 1970 in Book 7548 on paae 311, and said ~ramt Deed dated March 19, 1970, was recorded on .Ju1y 17,1970, in Book 7481 on paae 730, both in the Official Records of the County Recorder of the County of San Bernardino, State of Ca1 i forni a; and ,... '-' 2085 WHEREAS, in Section 3 of said Agreement and in Section 4 of said Grant Deed Re- developer covenanted and agreed to construct certain improvements on the here- inafter described real proper~y, within the time and in the manner set forth in said Agreement; and .., , j 1 --J WHEREAS, the Agency agreed in 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 Redeve 1 opers compl eti on thereof; and WHEREAS, said real property is described as Reuse Parcel No. 82b, Calif. R-10 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 for itself, its successors and assigns, all covenants and agree- ments 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 hereinafter described real property. IT IS FURTHER RESOLVED by the Redevelopment Agen~v of the Citv of San Bernardino, California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to execute and have recorded '1>/ith the County Recorder of the County of San Bernardino a"Certi fi cate of Compl i ance. II Adopted: 9-21-72 J Moti on was made by Jamison and seconded by Gutierrez authori zing the adoption of Resolution No. 2604. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Dudley, Blum, McDaniel and ~bster Noes: None Abstention: None Absent: Blakely WHEEL CHAIR/REFUSE RAMPS: Mr. Quinn requested authorization to include under the City's already existing Maintenance Contract the construction of wheel chair/refuse ramps around the park- ing structures and the mall. This will include approximately 13 ramps, not to exceed $3,000. After discussion, the following Resolution was introduced: RESOLUTION NO. 2605 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALI FORNIA AUTHORIZING CONSTRUCTION OF WHEEL CHAIR RAMPS AND REFUSE RAMPS UNDER EXISTING TERMS OF CONTRACT FOR MAINTENANCE WITH THE CITY OF SAN BERNARDINO, CALIFORNIA WHEREA.S, it is the desire Of this Agency to authorize the City of San Bernardino to construct wheel chair ramps and refuse ramps within the Central Ci~y Project No.1; an d . WHEREAS, said construction cost not to exceed the amount of $3,000.00. ., i # -J 2086 ~ NOW, THEREFORE, BE IT RESOLVED by the Redeve10nment Aaencv of the City of San Bernardino, California that the City of San Bernardino be authorized to con- struct wheel chair ramps and refuse ramps within the Central City Project at a cost not to exceed $3,000.00 under the terms of our Contract for Maintenance with the City of San Bernardino. ".... Adopted: 9-21-72 Motion was made by McDaniel and seconded by Gutierrez authorizinq the adoption of Resolution No. 2605. The motion was carried by the followinq vote; to wit: Ayes: McDaniel, Gutierrez, Blum, Dudley, Jamison and Webster Noes: None Abstention: None Absent: Blakely KRUEPER ENGINEERING, ENGINEERING & DESIGN OF SEWER LINES: A bill in the amount of ~551.43 was presented. ~~r. Ouinn explained that this bill is in reaard to the Tabor disnute. No'" that the decision has been made by the arbitration panel, it is necessary to pay Mr. Krueper for this service. After discussion, the fo11owinq resolution was introduced: ""...- REsnLUTION NO. 2606 RESOLUTION OF THE REDEVELOPMENT AGENCY 0F THE CITY OF SAN BERNARDINO, CALI J:"ORN IA AUTHORIZING PAYMENT Tn KRUEPER ENGINEERING & ASSOCIATES BY PURCHASE nRDER Nn. 1407 THE AMOUNT OF $551.43 Ff)R ADOITIONAL HORK INVOLVED IN WEST AND SOUTHHEST ARCADE BECAUSE nF SEWER LINE CHANGES '- WHEREAS, durinq the course of construction on the Central City Mall it became necessary for additional enaineerinq and desi an work in chanqinq sewer line located at the west and southwest arcade of said mall in the amount of $551.43. NOW, THEREFORE, BE IT RESOLVE[) by the Redevelopment Aaencv of the City of San Bernardino, California that payment to Krueper Fnqineerinq ~ Associates by Purchase Order No. 1407 be made in the amount of $551.43. Adopted: 9-21-72 Motion was made bv\Dud1ey and seconded by ~~cnanie1 authorizinq the adoption of Resolution No. 2606. The motion was carried by the fo1lowinq vote, to wit: Ayes: Dud1 ey, ~kDani e1, Jamison, Guti errez, B1 um and Webs ter Noes: None Abstention: None Absent: Blakely THREE LEVEL PARKING STRUCTURE - SECURITY: ",.... A memorandum was presented to the Members from the City Park and Recreatmon De- partment. This merrorandum expressed the areat concern reqarding security of the 3-leve1 structure. It was recommended that siqns should be posted, the entrances should be chained after hours, and saber tooth units should be installed in the exi ts to be used after hours. The recommendati on was fully consi dered. The members determined that the 3-1eve1 structure should have security, but expressed their concern reaardinq danqer and liability in the use of the saber tooth units. The members determined that this work should be included under our exiStinq contract with the City, with the elimination of the saber tooth units. The fo11owinq resolution was introduced: \,..- '~-="""lii<~;~""",,,.<;._.,.....-'~-,::.-:,7 ."_..,..".~:,:,~,,,,",',..~,:::;~';',E~_"'-*lI~.~_~ iiii~'T -~~~"",~",;';',,*,,,,;:"-~::-+~'~!iW:,-,,,,:,;,,;,::".;:,;~:.;-,- 2087 RESOLUTION NO. 2607 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING EXPENDITURE OF FUNDS FOR CHAINING ENTRANCES AND PLACING TRAFFIC CONTROLS AND WARNING SIGNS AT EXIIS FOR THE THREE LEVEL PARKING STRUCTURE ., r ....J WHEREAS, it is the desire of this Aqen~y to authorize the City of San Bernardino under our existing Maintenance Contract with the City of San Bernardino to place traffic controls and warning siems at the exits on "E" Street and into parking lot off of Fourth Street and to provide chains for the entrance on "E" Street and entrance to the service raod and the entrance structure off of the other exit to Fourth Street. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Aaency of the City of San Bernardino, California that the City of San Bernardino be authorized to chain entrances and place traffic controls and warning signs at exits for the 3-level parking structure under the terms of our existing contract for Maintenance with the City of San Bernardino, California. Adopted: 9-21-72 Motion was made by McDaniel and seconded by Jamison authorizing the Resolution No. 2607. The motion was carried by the following vote, McDaniel, Jamison, Dudley, Gutierrez, Blum and Webster Noes: None None Absent: Blakely adoption of to w.i t: Ayes: Abstention: PURCHASE OF A SITE OFFICE, STATE COLLEGE PROJECT: J Mr. Quinn requested authorization to purchase from FHA a house within the State College Project to be used as a Site Office. Mr. Quinn explained that the house is in very bad condition and it will take approximately $8,000 to rehabilitate. FHA is asking $15,075 for the home. Mr. Quinn stated that after rehabilitation, it will serve as a model, showing what can be done through rehabilitation. Mr. Quinn further stated that he would like to negotiate with FHA to reduce the price of the home due to the rehabilitation necessa~y. After discussion, motion was made by McDaniel and seconded by Blum authorizing the Executive Director to negotiate with FHA on the basis of reducing the purchase price of the proposed site office by the amount necessary for rehabilitation. If FHA will not comply, the Executive Director is authorized to seek and negotiate with brokers and individuals fot" the purchase of a site office. The motion was carried by the following vote, to wit: Ayes: McDaniel, Blum, Dudley, Gutierrez, Jamison and Webster Noes: None Abstention: None Absent: Blakely KRUEPER ENGINEERING, PROFESSIONAL SERVICES IN REGARD TO ARBITRATION: A bill in the amount of $387.50 was presented for professional services in regard to the Diffenbaugh/Taber Arbitration. The following resolution was introduced: RESOLUTION NO. 2608 RESOLUTION OF THE REOEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING PAYMENT TO KRUEPER ENGINEERING & ASSOCIATES BY PURCHASE ORDER NO. 1404 IN THE AMOUNT OF $387.50 ..... ....J 2088 "... \..., WHEREAS, there was arbitration reqardinq sewer line installed by Tabor Plumbing under J. D. Diffenbauqh's Contract on the Centr.al City Mall; and WHEREAS, Krueper Engineering expended additional hours in the preoaration of said arbitration in the total amount of $387.50. NOW, THEREFORE, BE IT RESOLVED by the Redev~lopment Agency of the Ci ty of San Bernardino, California that payment to Krueper Engineerinq & Associates by Purchase Orde.r No. 1404 in the amount of $387.50., is hereby authorized. Adopted: 9-21-72 Motion was made by Mc Daniel and seconded by Dudley authorizinq the adoption of Resolution No. 2008. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Gutierrez, Blum, lJamison and Hebster Noes: None Abstention: None Absent: Blakely APPRAISAL SERVICES - 29 ACRE PARK,rCOLLEGE PARK, A-41 ",.... Mr. Quinn explained that it is necessary to obtain two aopraisals for the 29 acre park within the College Park area.,l\ppraisals were invited for this service. The lowest were received from Willis Severson in an amount not to exceed $500; and Edward Hill in an amount not to exceed $200 per day. Mr. Ouinn stated that Mr. Hill's should not exceed $800 for completion. After discussion, the following resolutions were introduced: -- RESOLUTION NO. 2609 RESOLUTION AUTHORIZING THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, TO ENTER INTO CONTRACT WITH WILLIS SEVERSON, FOR APPRAISAL OF A 29 ACRE SITE, COLLEGE PARK, A-4l WHEREAS, the Redevelopment Agency of the City of San Bernardino desires to enter into Contract for Appraisal Services of a 29 acre site as a park for its College Park Project, Calif. A-41; and \,.JHEREAS, the Aqencvinvited 3 comoetitive bids for aooraisal services of the said property; and . ., WHEREAS, said number of bids were received, and the lowest qualified bid was by Willis Severson of San Bernardino in the amount of $500.00; and WHEREAS., the Redevelopment Aqency of the Citv of San Bernardino has accepted the bid of Willis Severson of San Bernardino. r- NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Executive Director is hereby authorized and directed to enter into contract with Willis Severson for the appraisal, for a cost not to exceed ~500 for the 29 acre. site Colleae Park, A-41. '- Adopted: 9-21-72 f, .!l1l1 .,"",""",>';-'--~,,--,-,-~"-'~:::;::-:;-=,=,'--:;;;::;;:;r;-";;!f.1ii!ii'~ .. - "-_.-":"~-____~:m-tffi>i--:-;IT_!""T 2089 R~SOLUTlnN NO. 2610 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIDA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO CONTRACT WITH EDWARD G. HILL FOR APPRAISAL SERVICES ...., J WHEREAS, the Redevelopment Agency of the City of San Bernardino, California desires to enter into Contract for Appraisal Services of a 29 acre site as a park for its College Park Project, Calif. R-79; and WHEREAS, the Agency i nvi ted competi ti ve bi ds for apprai sa1 servi ces of sai d property; and WHEREAS: a number of bids were received, one of the lowest qualified being re- ceived from Edward G. Hill, in an amount not to exceed $800.00; and WHEREAS, the Redevelopment Agency of the City of San Bernardino has accepted the bid of Edward G. Hill. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that the Chairman and Secretary be authorized and directed to execute a contract for appraisal services with Edward G. Hill, for the appraisal of the 29 acre park, College Park, A-4l, for an amount not to exceed $800.00. Adopted: 9-21-72 Moti on was made by Dudley and seconded by Bl urn authori zi ng the adopti on of Resolutions Numbers 2609 and 2610. The motion was carried by the following vote, to wit: Ayes: Dudley, Blum, McDaniel, Gutierrez, Jamison and Webster Noes: None Abstention: None Absent: Blakely ..., I e ",.,J PROPOSALS FOR STEAM CLEANING MALL A memorandum was presented from the City requesting that the Agency have the mall steam cleaned before the grand opening. Two bids were submitted, the lowest being submitted from Jack Aynes in an amount of $3,745.00. After discussion, motion was made by Dudley and seconded by McDaniel rejecting the request of the Ci~y to have the mall steam cleaned in that it would remove the sealer just recently placed on the floors. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Gutierrez, Jamison, Blum and Webster Noes: None Abstention: None Absent: Blakely OTHER BUSINESS: Mr. Webster reminded the Members of the information meeting to be held September 26th in the Council Chambers on Central City North; the Public Hearing on Central City North to be held October 2, 1972; and the Public Hearing on Central City and State College amendments to be held October 12, 1972, at Shandin Hills Jr. Hi gh Schoo 1 . Mr. Quinn requested authorization to instruct Quiel Brothers to provide electrical service for the Central City Mall Sign, in an amount not to exceed $1,650. The following resolution was introduced: ....., t It -i 2n90 \.- RESOLUTInN NO. 2611 RESOLUTION OF THE REDEVELnPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING CHANGE ORDER NO. 2 WITH nUIEL BROTHERS FOR AN AMOUNT NOT TO EXCEED $1 ,650.riO, SITE PREPARATION UNIT NO. In, CALIF. R-79 ,-. WHEREAS, it has become necessa~y to install electrical service for the Central City Mall Sign; and WHEREAS, Ouiel Brothers has agreed to install said service for a sum not to exceed $1,650.nn; and . WHEREAS, in other respects Contract restrictions remain unchanged. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agencv of the City of San Bernardino, California that the Chairman and Secretary be authorized to enter into Change nrder No. 2 with Ouiel Brothers for an amount not to exceed $1,650.nO. Adopted: 9-21-72 "...... Motion ,,,,as made by ,Jamison and seconded by Blum authorizing the adoption of Resolution No. 2611. The motion was carried by the following vote,.to wit: Ayes: Blum, Jamison, Dudley, Gutierrez, ~lcDaniel, and Webster Noes: None Abstention: None Absent: Blakely ADJOURNMENT: \.- Motion was made by Blum and seconded by Jamison adjourning the meeting at 6:30 p.m. to Thursdav, .September 28,1972. The motion was carried by the following vote, to wit: Ayes: Blum, Jamison, Dudley, McOaniel, Gutierrez and Webster Noes: None Abstention: None Absent: Blakely /' ../~~ r- '-- ~Jlff] . lJTI ~~.r::~.:,.;;"C::~""">i=;;';;;;;::;"'~7ii':~'~Jij'lrI1_". II fl . -jfll;r:: ," ~ T I!i1 ," 'O;LJ" T'" W:'.'IIi!1_'iijf;Wlf"iifli'\o!li;",-_'i:::";.~;,:;:- 2091 MINUTES OF THE ADJOURNED REGULAR MEETING OF SEPTEMBER 21 , 1972 HELD SEPTEMBER 28, 1972, 300 NORTH "0" STREET, ROOM 320, SAN BERNARDINO, CALIFORNIA The Chairman called the meeting to order at 4:05 p.m. Roll Call showed the following: Agency Members Present: Webster, Gutierrez, Jamison and Blakely Agency Members Absent: Blum and McDaniel Also Present: Mr. Quinn, Executive Director; Mr. Flory, Agency Counsel; and Mrs. Baxter, Executive Secreta~y DONOVAN CONSTRUCTION COMPANY - PARKING STRUCTURES: 4:10 p.m. - Mrs. Blum arrived at the meeting. 4:10 p.m. - Mr. Webster called for an Executive Session 4:15 p.m. - Mr. Webster reopened the Meeting. Mr. Webster explained to Donovan Construction Company that the Board feels that the structures should be completed and accepted before the question of liquidated damages is resolved. Upon acceptance, their retention shall be released, with- holding only those items in dispute. The latest "Laundry List" was reviewed. Donovan's stated that they would continue with the structures. AUTHORIZATION FOR HELICOPTER TO LAND, 5-LEVEL OR WARDS: Mr. Quinn requested authorization for a helicopter to land either on the fifth level of the parking structure or the west end of the parking area around Wards. The helicopter will be for George Putnam to cover the Grand Opening of the Mall. Motion was made by B1 urn and seconded by Jamison authori zi ng the use of either the five level structure or the parking lot west of the Wards building for landing and taking-off of a helicopter in conjunction with the Grand Opening ceremonies of the Mall. The motion was carried by the following vote, to wit: Ayes: Webster, Gutierrez, Jamison, Blakely and Blum Noes: None Abstention: None Absent: McDaniel PROGRESS REPORT - CENTRAL CITY PROJECT: Mr. Webster requested authori zation to expend funds for a progress report to be orinted in the paper regarding the Central City Project. All Members stated their approval. It was determined that the day of the Grand Opening would be first choice for the coverage. -, i .J .., I -J Motion was made by Dudley and seconded by Blakely authorizing an expenditure of funds for newspaper coverage for the purpose of a Progress Report on the Central City Project. The motion was carried by the following vote, to wit: Ayes: Blakely, Webster, Dudley, Gutierrez, Blum and Webster Noes: None Abstention: None Absent: Mc Daniel ~ ~ _ -- ~-1iO; .---M4w........,,"",.1' . ....J 2092 ,... OTHER BUSINESS: \- 4:35 p.m. - Mr. Mcf1aniel arrived at the meetinq. Mr. Webster advised the Members that the Mayor is planning a dedication of the new Bus Shelter. He is proposinq to allow all Medical card holders free transportation throughout the city, Mr. Ouinn stated that he would like to advise the Board that Frank Dominquez, Vanir Towers, will probably be coming before the Board in the near future. At the time the original offer was made, the development was for a 110,000 square foot office building. Two hundred and seventy-five (275) parking spaces were allocated within the parking structure. Mr. Dominguez then in- r;:reas.ed2the si ze of hi s proposed development by an additi onal 20,000 square feet, and requested additional parking spaces. The Members stated that at the time of completion, additional spaces could be negotiated over the 275 already allocated. By error 375 spaces were typed into the Agreement. We have called the papers out of escrow. The Members discussed the designation of parking spaces within the structures. Mr. 0uinn stated that careful studies are necessary to determine what actually should be done regarding this structure. The Chairman directed the Executive Director to set up a workshop meetinq to discuss allocation of parking spaces within the structure. r ADJOURNMENT: "'- Moti on was made by Bl urn and seconded by McDaniel to adjourn the meeti ng at 4:55 p.m. The motion was carried by the following vote, to wit: Ayes: Blum, McDaniel, Jamison, Gutierrez, Dudley and Webster Noes: None. Abstention: None Absent: None / /' I // ,... I ""- ~'K:'ll~'"'''''''''-' ~TI"l'1frl7~f1f-_. r . . fiTil m~. lll1JIIJi!lRlfrw 1IiiI,J!jj]ilfIT! Illl . tHl.lV nf!_'_'lII:Ue:IH~L"'-'~;" 2093 MINUTES OF THE CONTINUED JOINT PUBLIC HEARING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD AT 11 :15 P.M., OCTOBER 2,1972,300 NORTH "0" STREET, CITY COUNCIL CHAMBERS, SAN BERNARDINO, CALIFORNIA ., ! ....,; Mayor Holcomb called the City's Public Hearinq on the proposed Central City North Redevelopment Project at 11 :15 p.m. The following City Council Members were present: Campos, Wheeler, Katona, Hudson, Gregory and Lackner Absent: Hammock Mayor Holcomb introduced George Webster, Redevelopment AgenGY Chairman. Mr. Webster called the Agency's Public Hearing to order. The following Agegcy Members were present: McDaniel, Dudley, Blum and Webster Members Absent: Gutierrez and Jamison Also: Quinn and Flory .and Blakely Mayor Holcomb explained that this Public Hearing is a continuation of a Public Hearing held August 21, 1972. Two information meetings have been held prior to tonights meeting. Mr. Webster presented a report stating that the two information meetings were held August 31st and September 26th. At both meetings approximately 85%.of the public present indicated their support of the project. The main objection from the people not in favor of the project was that the plan was too vague. Mr. Webster explained that only after the adoption of the Plan, can a Project Area Committee (PAC) be formed. This committee will formulate specific plans. Mayor Holcomb called for questions from those in attendance. Mr. Sanford Wein requested that the Public Hearing be continued to a date and time certain, in order that all people can be present. Due to the late hour, a number of people from within the area had to leave. .., I ....J Motion was made by Wheeler and seconded by Katona to continue the Public Hearing to November 6, 1972, at 8:00 p.m., Council (hambers. The motion was unanimoUSly ca rri ed. Motion was made by Blum and seconded by McDaniel adjourning the meeting at 11 :30 p.m., and continuing the Public Hearing to November 6, 1972, at 8:00 p.m., Council Chambers. The motion was unanimously carried. .., ;~ t; I ...".j /" 2094 ,.. ~: \- MINUTES OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,; CALI FORNIA, HELD THE 5TH DAY OF OCTOBER, 1972, 300 NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA, 4:00 P.M. The Chairman called the meeting to order at 4:00 o.m. Roll Call showed the following: Agency Members Present: Webster, Gutierrez, Dudley, Blum and Blakely Agency Members Absent: Jami son and McDani el . Also Present: Mr. Ouinn, Executive Director; Mr. Flory, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: ,,- The Minutes of the Regular Meeting of September 21, 1972 were submitted for approval. Mr. Gutierrez requested that it be noted that he moved the denial of the request from Erven Tallman for an amendment to the escrow conditions, and that his motion died for lack of a second. The Chairman stated that the minutes would be amended. Motion was made 'by Blum and seconded by Gutierrez approving the Minutes of September 21, 1972 as corrected. The motion was carried by the follow- ing vote, to wit: Ayes: Gutierrez, Dudley, Blum, Blakely and Webster' Noes: None Abstention: None Absent: Jamison and McDaniel The Minutes of the Adjourned Regular Meeting of September 21, 1972 were submitted for approval. Motion was made by Gutierrez and seconded by Blakely 'approving the minutes as submitted. The mtlon was carried by the following vote, to wit: Ayes: Gutierrez, Blakely, Blum, Dudley and Webster Noes: None Abstention: None Absent: Jamison and McDaniel The Minutes of the Continued Joint Public Hearing held October 2, 1972 on Central City North were submitted for approval. Motion was made bY Dudley and seconded by Blum approving the Minutes as submitted. The motion was carried by the following vote, to wit: Ayes: Gutierrez, Blakely, Blum, Dudley and Webster Noes: None Abstention: None Absent: Jamison and McDaniel \- EXPENDITURES: The Expenditures for the month of August 1972 were submitted for approval. Motion was made by Bl akelv and seconded by Bl urn aporovi ng' the expendi tures as submitted. The motion was carried by the followina vote, tbwit:'Ayes: Blakely, Blum, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: Jamison and McDaniel REPORT OF AGENCY COUNSEL: ,... ; ! ~ ...., Mr. Flory reported that Donovan's are prepared to proceed with the "punch list" on the five-level structure~ and will start on Monday, October 9, 1972. The Agency will be receiving a letter regarding their position on the expansion joints. 4:20 p.m. Mr. McDaniel arrived at;othe meeting. .:T'~.~j~ ili<jii!7 ~Ii .jj. d."!H', l"-~i i;;;':;;,';,,:,,:~ ,.0 2095 VANIR RESEARCH CORPORATION - REQUEST FOR ADDITIONAL PARKING SPACES: Mr. Frank Dominguez and Mr. Corwin Booth were introduced to the Board. Mr. Quinn explained that at the time of the original offer to purchase 275 spaces were allocated to Vanir Research Corporation, for a building of 110,000 square feet. Vanir later increased the size of their proposed building by 20,000 square feet. At this time they requested additional spaces. The Agency de- termined that additional spaces could be negotiated at a later date. Using the ratio: of 2.5:1,000 square feet, this would increase the parking spaces to 325. ~ J Mr. Dominguez stated that he has been using the ratio of 5:1,000 square feet for a financial building, as stated in Gruen's parking study, and he would like his parking allocation to be increased to 375 spaces. Mr. Quinn explained that the Agency is not bound to the parking study as prepared by Gruen Associates. The 1 ease wi th the Ci ty for the pa rki ng structure states that parki ng spaces shall be allocated substantially in accordance with the parking study prepared by Gruen, with the approval of the City and the Agency. All Members agreed that a further study should be made regarding allocation of spaces within the structure. Mr. Webster explained that the Mayor has suggested the forming of a committee specially for the study of the parking structures. Mr. Quinn stated that he would also like to have a workshop meeting with the members regarding this matter. After careful review, the Chairman explained to Vanir Research that until such a study is made, the Agency cannot grant any more than the 325 spaces. All members agreed. Motion was made by Dudley and seconded by Blum allocating 325 spaces in the five level parking structure to Vanir Research Corporation, with the understanding that upon completion of a parking study, they would be con- sidered, along with others, for additional parking allocation. The motion was carried by the following vote, to wit: Ayes: Dudley, McDaniel, Blum, Blakely, Gutierrez & Webster Noes: None Abstention: None Absent: Jamison ..... I 1 .....J Mr. Dominguez requested an extension of time to close escrow. Their plans have been submitted to the City for approval. The plan check will take approximately 7-8 weeks. The Chairman suggested that Mr. Dominguez submit this request in writing to be considered at the next meeting. Mr. Dominguez stated that he would direct a letter to the agency. CENTRAL CITY COMP~NY - SOIL CONDITIONS, WEST END: A letter was presented from the Central City Company requesting authorization to correct the subsurface soil conditions on land they have purchased within the West End, and to receive reimbursement from the Agency for this work. They stated that they would secure three bids. Mr. Dudley stated that at the last meeting the cost for recompaction of Reuse 29, R-79, William Wixon, was authorized qecause the Agency is responsible for the poor condition of the soil within the West End area. . This soil condition is not normal for the area, but was created by the Agency because of the demolition within the area. .., , I j ..."". After discussion, the following resolution was introduced: 2096 [ RESOLUTION NO. 2612 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE REIMBURSEMENT OF FUNDS TO CENTRAL CITY COMPANY FOR RECOMPACTION OF SOIL WITHIN LAND PURCHASED IN THE WEST END OF THE CENTRAL CITY PROJECT WHEREAS, p soil test has revealed that the soil within land purchased by the Central City Company in the West End of the Central City Project must be removed and recompacted along with additional soil in order to make the land bu~ldable; and WHEREAS, the Central City Company has requested authorization to obtain bids and have the work accomplished; and WHEREAS, said soil condition is not normal for the area but was created by the Agency because of the demolit1on within that area. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, Cal i forni a, that reimbursement is hereby authorized to the Central City Company of the cost involved f0r recompaction of soil within the area they have purchased in the West End of the Central City Project, in that the Agency is responsible for the poor condition of the soil within said area. Adopted: 10-5-72 "...... I.- Motion was made by Dudley and seconded by McDaniel authorizing the adoption of Resolution No. 2612. The motion was carried by the following 'vote, to wit: Ayes: Due1ey, McDaniel, Blum, Blakely, Gutierrez and Webster Noes: None Abstention: None Absent: Jamison MOULDER BROTHERS, REOUEST FOR RECONSIDERATION, UNIT 10, R-10: ,.... ~ L Mr. Quinn explained that Unit 10 was completed on April 17, 1972. The Contract Documents called for a completion date of March 16, 1972.' The Contractor re- quested an extension of 10 days and was granted same. He also requested an 18 day extension because his supplier had shioped the wrong merchandise to Citation Electric Company, his subcontractor. This request was denied and liquidated damages were imposed in ths amount of $150 per day or $2,700. Mr. Don Moulder was introduced to the Board. Mr. Moulder requested reconsideration of the liquidated damages imposed by the Agencv. He read a oortion of the Contract DocU411ents wherein it states that liquidated damages shall not be charged the contir.etor for extensions of time not arising by fault of the contractor. He also stated that retention is being withheld far in excess of the $2,700. After discussion, motion was made by McDaniel and seconded by Gutierrez authorizing the release of retention, other than that amount in dispute, to Moulder Brothers, and instructing them to submit to the Agen~y their claim for reconsideration in writing to the Agency Counsel for review. The motion was carried by the following vote, to wit: Ayes: McDaniel, Gutierrez, Blum, Dudley, Blakely and Webster Noes: None Abstention: None Absent: Jamison 2097 ARRO\~HEARD ENGINEERING, SURVEY AND STAKING IlPARK SITEIl: ] Mr. Quinn requested authorization to increase Arrowhead Engineering~s contract by $1,500 for a topographic survey map of the park site. After discussion, the following resolution was introduced: RESOLUTION NO. 2613 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT AMENDMENT WITH ARROWHEAD ENGINEERING COLLEGE PARK, A-41 WHEREAS, the Redevelopment Agency of the Ci~y of San Bernardino, California entered into Contract with Arrowhead Engineering, August 22, 1972, in connection with and respecting the Neighborhood Development Program No.1, Calif. A-41; and WHEREAS, it is the desire of the Agency to increase the services of Arrowhead Engineering to include a topographic survey map of the proposed Ilpark sitell within the College Park Project, A-41; and HHEREAS, Arrowhead Engineering has stated that they will perform this service for an increase in contract amount by $1,500. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized 1 and directed to execute Contract Amendment No.1 with Arrowhead Engineering in an amount not to exceed $1 ,500, increasing the total contract price from $11 ,000 ...J to $12,500. Adooted: 10-5-72 Motion was made by McDaniel and seconded by Dudley authorizing the adoption of Resolution No. 2613. The motion was carried by the following vote, to wit: Ayes: Dudley, McDaniel, Gutierrez, Blum, Blakely and Webster Noes: None Abstention: None Absent: Jamison BACKFILL AROUND J. C. PENNEY COMPANY: Mr. Quinn explained that the Penney Company has requested that the Agency backfill around their new store. The Agency has backfilled around the other construction sites adjacent to the Central City Mall. Two bids were received, the lowest being received from Thomson Construction Company in the amount of $5,650. The following resolution was introduced: RESOLUTION NO. 2614 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH THOMSON CONSTRUCTION CO. FOR AN AMOUNT NOT TO EXCEED $5,650.00 FOR BACK FILLING AROUND J. C. PEN~~EY COMPANY ] 2098 [,..... . 1" WHEREAS, the J. C. Penney Company has requested that the Redevelopment Agency backfill around their new department store; and WHEREAS, the Aqency obtained two proposals 'for said work; and WHEREAS, Thomson Construction Company submitted the lowest proposal in the amount of $5,650.00; and WHEREAS, it is in the best interest of the Aqency to accept said proposal. NOW, THEREFORE, BE IT RESOLVED by the Redevelooment Aqency of the City of San Bernardino, California that the Chairman and Secretary be hereby authorized to enter into Contract with Thomson Construction Company for backfilling area around J. C. Penney Company for an amount not to exceed $5,650.00. AdoDted: 10-5-72 Motion was made by Blakely and seconded by Gutierrez authorizing the adoption of Resolution No. 2614. The motion was carried by the following vote, to wit: Ayes: Blakely, Gutierrez, Blum, Dudley, McDaniel and Webster Noes: None Abstention: None Absent: Jamison ASH URNS FOR CENTRAL CITY MALL: r- Mr. Ouinn requested authorization to purchase an additional 40 ash urns for the Central City Mall. The cost will be $791.74. The followinq resolution was introduced: ""- RESOLUTION NO. 2615 RES0LUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDIN0, CALIFORNIA AUTHORIZING THE PURCHASE OF 40 ASH URNS TO BE LOCATED WITHIN THE CENTRAL CITY MALL AT A COST NOT TO EXCEED THE SUM OF $791.74 TO BE PAID BY PURCHASE ORDER NO. 1417 TO WESTERN ART STONE CO. WHEREAS, during the short period of time that the Central City Mall has been in operation there have been several fires reported as being started in trash receptacles from ciqarettes beinq thrown in with trash; and WHEREAS, after a summary review of the situation it is 'apparent that the Mall is in need of approximately 40 more ash urns to be located throughout; and WHEREAS, Western Art Stone of Brisbane, California has submitted a price to supply 40 ash urns at a cost of $1~79 each, includinq tax and transportation. ~ NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Aqency of the City of San Bernardino, California, be authorized to purchase 40 ash urns at a cost not to exceed the sum of $791.74 by Purchase Order No. 1417. Adopted: 10-5-72 -- a~~~""",;'"l'l:~~,,,,-..,,__,~,,;;;';'-;;r~~~\f~~:w,~ 2099 Motion was made by Gutierrez and seconded by McDaniel authorizing the adoption of Resolution No. 2615. The motion was carried by the following vote, to wit: Ayes: Gutierrez, McDaniel, Blum, Blakely, Dudley and Webster Noes: None Abstention: None Absent: Jamison , ....... MALL CLOCK - CANTERBURY DESIGNS: Mr. Quinn explained that Canterbury Designs have requested an increase in their contract price in the amount of $200.00 f~r transportation to the job site. It was explained that this was not included in his bid. An increase in the amount of $450 is also requested due to a change requested by the architect regarding the suspension of the clocks. These items were discussed. RESOLUTION NO. 2616 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING RESOLUTION NO. 2589, AUTHORIZING CONTRACT WITH CANTERBURY CLOCKS WHEREAS, Resolution No. 2589 was adopted by the Agency September 7, 1972 authorizing the execution of a contract with Canterbu~y Clocks for the manufacturing of two clocks for the Central Ci~y Mall courts; and WHEREAS, said Resolution No. 2589 fixed the contract amount not to exceed $14,070; and WHEREAS, the Architect, Gruen Associates, has requested a change in the suspension of the clocks, in order to place the load directly on top of the truss, where it can be held positively without inducing secondary stresses in the web members of the chords. This item requires an increase to the contract amount of $450.00; and WHEREAS, Canterbury Design1s original cost did not include any transportation cost to the job site. They have proposed a figure of $200 for this service; and WHEREAS, due to the above chanqes it is necess ary to change the contract amount from $14,070 to $14,720. - NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that Resolution No. 2589 is hereby amended, changing the contract price from $14,070 to $14,720. ..... ~ li ....J Adopted: 10-5-72 Motion was made by Blum and seconded by Dudley authorizing the adoption of Resolution No. 2616. The motion was carried by the following vote, to wit: Ayes: Blum,Dudley, Blakely, McDaniel, Gutierrez and Webster Noes: None Abstention: None Absent: Jamison OTHER BUSINESS: Mr. Bill Leonard was introduced to the Board. Mr. Leonard suggested a breakfast ] ..... meeting to be held October 19,1972 for the purpose of a meeting with HUD officials, .. Congressional Officials, and leading citizens of San Bernardino. All members agreed. [ ADJOURNMENT: 2100 Motion was made by Gutierrez and seconded by Blum to adjourn the meeting at 4:50 p.m. until October 19, 1972, at 9:30 a.m., San Bernardino Exhibit Hall. The motion was carried bv the following vote, to wit: Ayes: Gutierrez, Blum, Blakely, Dudley, McDaniel and Webster Noes: None Abstention: None Absent: Jamison ,..- ~ r I L I. ..~J__ frr-ir r ~~:';;","d,",~~~!,i-:-lln'4.'j{~lIi.f"l.T_ / ,__~...T,,;;o"'t;'j""'!'ill.--~~-'~1 --_t-[J:Mii~W~,~-~':i*:~;:;:;:-:;::-. 2101 MINUTES OF THE PUBLIC HEARING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD OCTOBER 12, 1972, SHANDIN HILLS JR. HIGH SCHOOL, SAN BERNARDINO, CALIF- ORNIA, REGARDING STATE COLLEGE PARK AMENDMENT TO REDEVELOP- MENT PLAN, 7:30 P.M. J Mayor Holcomb explained that this is the time and place so advertised for a joint Public Hearing of the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino, for the following purposes: 1. Public Hearing, Central City Project - Amendment to Redevelopment Plan. 2. Public Hearing, College Park Project - Amendment to Redevelopment Plan. Mayor Holcomb stated that a quorum of the City Council could not be present this evening. The Amendment to the Redevelopment Plan on Central City will be heard Fri day, October 20, 1972. , " He further explair:ted"that the Redevelopment Agency does have a quorum and wi 11 hold thei'r Public Hearing on the Amendment to the Redevelopment Plan for the College Park Project. The City will have the meeting recorded in order that the Council can act on this issue on October 20th along with the Central City i s s ue . Mr. Webster, Chairman of the Redevelopment Agency, opened the meeting at 7:35 p.m. Roll Call showed the following: Agency Members Present: Webster, Gutierrez, Dudley, McDaniel and Blum Agency Members Absent: Jamison and Blakely Also Present: Mr. Quinn and Mr. Flory Mr. Quinn explained that the only changes in the Redevelopment Plan are those necessitated by new HUD regulations. They actually do not change the scope of the plan. New relocation provisions are now included in the Plan. It also details and outlines that portion of the College Park which has now been approved for federal funds. ., I I -- Mr. Quinn explained that the Agen~v has received the Loan and Grant Contract, in: an amount of $765,000. A special meeting has been called for Monday, October 16, 1972 to authorize the execution of this contract. This $765,000 is budgeted for Agency expenses and public improvements, including PAC expenses. --;~ There being no objections voiced, th~following resolution was introduced: RESOLUTION NO. 2617 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE REDEVELOPMENT PLAN AS AMENDED FOR THE STATE COLLEGE PROJECT, A-41 WHEREAS, the Redevelopment Agency of the Ci~y of San Bernardino, California, adopted the Official Redevelopment Plan for the State College Project, on March 26, 1970, by Resolution No. 2185; and ] 2102 ,.... I I '-- WHEREAS, said Redevelopment Plan has been amended to include new HUD regulations regarding relocation provisions, and to detail that portion of the College Park Project which has been aoproved for federal funds; and WHEREAS, on October 12, 1972 a Public Hearing was held at the Shandin Hills Jr. High School on said Amendment to the Redevelopment Plan; and WHEREAS, the Amended Redevelopment Plan was reviewed and approved at said Public Hearing. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the Ci ty of San Bernardino, California, that the Amended Redevelopment Plan for the State College Project, A-41, is hereby approved. Adopted: 10-12-72 ",...- Motion was made by Blum and seconded by Gutierrez authorizing the adoption of Resol uti on No. 2617. The moti on was ca.rri-ed by the foll,owUl'q :vC);tei, tg'wit: AY~s: Blum, Gutierrez, Dudley, McDaniel and Webste.r Noes: None Abstention: None Absent: Jamison and Blakely " Mayor Holcomb stated that in that no objections were voiced, the matter would be considered by the Mavor and Council on October 20, 1972. Motion was made by Dudley and seconded by McDaniel continuinq the Public Hearing on Central City Project Amendment until October 20, 1972. The motion was carried by the following vote, to wit: Ayes: Dudley, McDaniel, Blum, Gutierrez, and Webster Noes: None Abstention: None Absent: Jamison and Blakely Motion was made by Dudley and seconded by McDaniel adjourning the Public Hearing at 8:00 p.m. for the State College Project, Calif. A-41. The motion was carried by the following vote, to wit: Ayes: Dudley, McDaniel, Blum, Gutierrez, and Webster Noes: None Abstention: None Absent: Jamison and Blakely '-' 0-/' r-- / ~ 2103 MINUTES OF THE SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO~ CALIFORNIA~ HELD THE 16TH DAY OF OCTOBER, 1972 .., I I ....." The Members of the Redevelopment Agency of the City of San Bernardino, California, met in Special Meeting at 300 North IIDII Street~ in the City of San Bernardino, California, at the place, hour~ and date duly established for the holding of such meeting. The Chairman called the meeting to order and on roll call the following answered present: Webster, Dudley, Blum and McDaniel And the following were absent: Gutierrez, Blakely and Jamison The Chairman declared a quorum present. The following resolutions were introduced by the Chairman. RESOLUTION NO. 2618 RESOLUTION APPROVING AND PROVIDING FOR THE EXECUTION OF A PROPOSED CONTRACT FOR A TEMPORARY LOAN ~ DEFINITIVE LOAN AND A CAPITAL GRANT TO AID IN FINANCING NEIGHBOR- HOOD DEVELOPMENT PROGRAM NO. A-4l WHEREAS, under Title I of the Housing Act of 1949, as amended, the United States of Ameri ca (herein called the IIGovernmentll) has tendered to the Redevelopment Agency of the Ci~y of San Bernardino, California (herein called the IILoca1 Public Agencyll) a proposed Contract under which the Government agrees to make a Temporary Loan, a Definitive Loan~ and a Capital Grant to the Local Public Agency to aid in financing a Neighborhood Development Program~ designated Program No. A-4l, in the Urban Renewal Area described therein; and WHEREAS~ the Local Public Agency has given due consideration to said proposed Contract consisting of a Neighborhood Development Program Funding Agreement and a Neighborhood Development Program Master Agreement; and WHEREAS, the Local Public Agency is duly authorized, under and pursuant to the Constitution and laws of the State of California to undertake and carry out said Program and to execute such proposed Contract; and i I .....III BE IT RESOLVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: Section 1. The proposed Contract, as described above, consisting of the Funding Agreement and the Master Agreement under and subject to the provisions, terms~ and conditions of which the Government will make a Temporary Loan, a Definitive Loan, and a..Capital Grant under Title I of the Housing Act of 1949, as amended, to the Local Public Agency to aid in financing a Neighborhood Development Program, designated Program No. A-41, situated in the City of San Bernardino, is hereby in all respects approved. lIIIIIl!l ......- r ......, ,....... ....... r ~ ... 2104 Section 2. The Chairman is hereby authorized and directed to execute said pro- posed 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 Aqency on each such counterpart and to forward such counterparts to the Department of Housing and Urban Development, together wi th such other documents rel ati ve to the approval and executi on thereof as may be required by the Government. Section 3. The Redevelopment Agency of the City of San Bernardino, California, is hereby authori zed to fi 1 e wi th the Government requi s iti ons together with necessary supporting documents, in accordance with the Neighborhood Development Contract, requesting p~yments to be made on account of the Project Temporary Loan and Project Defi ni ti ve Loan and Project Capi tal Grant provi ded for in the Neighborhood Development Contract, and to perform all other acts required to be performed in order to obtain such payments. . Section 4. The Local Public Agency agrees to abide by all of the provisions, terms, and conditions of said Contract. Section 5. This Resolution shall take effect immediately. Adopted: 10-16-72 Mr. Dudley moved that the foregoing resolution be adopted as introduced, which moti on was seconded by McDani el, and upon roll call the "Ayes II and "Nays II were as follows: AYES: McDaniel, Blum, Dudley and Webster NAYS: None The Chairman thereupon declared said motion carried and said Resolution No. 2618 adopted. RESOLUTION NO. 2619 RESOLUTION AUTHORIZING THE ISSUANCE OF PROJECT LOAN NOTES IN CONNECTION WITH URBAN RENEWAL PROJECT NO. A-41 'fi WHEREAS, the Redevelopment Aqency of the Ci ty of San Bernardino, Cal i forni a, (herein called the "Local Public Agency") is duly authorized and proposes to undertake and carry out a certain urban renewal or redevelopment project designated Project No. A-41, of the character authorized by law with financial aid by the United States of America (herein called the "Government"), in the form of a Project Temporary Loan under Title I of the Housing Act of 1949, as amended (42 U.S.C. 1450 et seq.), which m~y be made by the Government to the Local Public Agency with respect to said Project in accordance with a certain Loan and Grant Contract (herein called the "Contract"), by and between the Local Public Agency and the Government; and WHEREAS, in order to enable the Local Public'Agency to obtain such financial aid, it is necessary for the Local Public Agency to authorize and, from time to time, issue certain obligations in the form of Project Loan Notes, as hereinafter provided: NOW, THEREFORE, BE IT RESOLVED by the Local Public Agency as follows: 2105 Section 1. Whenever the following terms, or any of them, are used in this Reso- lution the same, unless the contest shall indicate another or different meaning or intent, shall be construed, are used~ and are intended to have meanings as follows: 1 ...... (1) The term IIResolutionll shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the Contract shall have the respective meanings ascribed thereto in the Contract. Section 2. The Contract entered into between the Local Public Agency and the Government for the above identified Project is hereby declared to be a part of this Resolution and all applicable provisions thereof shall be deemed incorporated herein to the same extent as if the provisions thereof were expressly set forth in full herei n. Section 3, In order to evidence payments made by the Government on account of the Project Temporary Loan pursua,nt to the Contract with respect to the Project and to refund, renew~ extend or substitute for any Note by this Resolution authorized to be issued (or any such Note by any other resolution authorized to be issued and which is outstanding, or on deposit for delivery pending payment therefor, as of the date this Resolution becomes effective), there are hereby authorized to be issued, from time to time, Project Loan Notes of the Local Public Agency in an aggregate principal amount outstanding at anyone time (whether authorized by this Resolution or any other resolution authorized the issuance of Project Loan Notes) not in escess of the amount of the Project Temporary Loan available under the Contract. Section 4. The Redevelopment Agency of the City of San Bernardino is hereby authorized to file with the Government from time to time as funds are required, requisitions, together with the necessary supporting documents, requesting payments to be made on account of the Project Temporary Loan available under the Contract, and the proper officers of the Local Public Agency shall prepare, execute and deliver to the Government Notes hereinafter authorized and shall accept payment therefor from the Government in the form of cash or other Notes issued by the Local Public Agency, and such officers are authorized to do and perform all other things and acts required to be done or performed in order to obtain such payments. Cash proceeds from the issuance of all Project Loan Notes shall be deposited and disbursed only in accordance with the pro- visions of the Contract. ~ ! I ....,.j Section 5. Each Project Loan Note shall bear interest and be payable in the form and manner prescribed by the Contract and this Resolution; shall be signed in the name of the Local Public Agency by the Chairman; and shall have the official seal of the Local Public Agency impressed thereon and attested by the Secretary; and shall otherwise be in substantially the form of HUD-9107 which is incorporated herein by reference. Section 6. This Resolution shall supersede all previous resolutions authorizing Project Temporary Loan Notes, and the Project Loan Notes authorized by this .., Resolution shall be exchanged for any Project Temporary Loan Notes heretofore { issued pursuant to any previous resolution. ... Section 7. This resolution shall take effect immediately. Adopted: 10-16-72 2106 L... Mr. McDaniel moved that the foregoing resolution be adopted as introduced, which motion was seconded by Mrs. Blum, and upon roll call the "Ayes" and "Nays" were as follows: AYES: McDaniel, Blum, Dudley and Webster NAYS: None The Chairman thereupon declared said motion carried and said Resolution No. 2619 adopted. ,.. ~ There being no further business to come before the meeting, upon motion duly made and seconded, the meeting was adjourned. ,........ // ""- ".... ...... 2107 MINUTES OF THE ADJOURNED REGULAR MEETING OF OCTOBER 5, 1972, HELD OCTOBER 19,1972,9:30 A.M., EXHIBIT HALL, SAN BERNARDINO, CALIFORNIA ,..., The Chairman opened the Breakfast Meeting at 9:30 a.m. The following Agency Members were present: Webster, Blum, Dudley and McDaniel Agency Members Absent: Gutierrez, Jamison and Blakely Following breakfast, Mr. Webster introduced the guest speakers, Jerry Pettis, Congressman, and Secretary Romney. After motion duly made and seconded, the meeting was adjourned at 11 :00 a.m. -..; .., -J ...., --" 2108 r L MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 19TH DAY OF OCTOBER, 1972, 300 NORTH "nil STREET, SAN BERNARDINO, CALIFORNIA, 4:00 P.M. The Chairman called the meeting to order at 4:15 O.m. Roll Call showed the fo11owina: Agency Members Present: Webster, Dudley, Blum and McDaniel Agency Members Absent: Gutierrez, Jamison and Blakely Also Present: Mr. Ouinn, Executive Director; Mr. Flory, Agency Counsel; and Mrs. Baxter, Executive Secretarv MINUTES: '- The Minutes of the Regular Meeting of October 5, 1972 were submitted for aoprova1. Motion was made by Blum and seconded by McDaniel anproving the Minutes of October 5, 1972 as submitted. The Motion was carried by the following vote, to wit: Ayes: Blum, McDaniel, Dudley and Webster Noes: None Abstention: None Absent: Gutierrez, Jamison and Blakely The Minutes of the Joint Public Hearing for the State College Project Amendment, held October 12,1972 were submitted for aooroval. Motion was made by McDaniel ".. and seconded bY Dudley authorizina aporoval of the Minutes of October 12, 1972 as submitted. The motion was carried by the following vote, to wit: Ayes: Dudley, Blum, McDaniel and Webster Noes: None Abstention: None Absent: Gutierrez, Jamison and Blakely ",..- The Minutes of the Special Meeting of October 16,1972 were submitted for approval. Motion was made by Dudley and seconded by McDaniel aoproving the Minutes of October 16, 1972 as submitted. The motion was carried by the following vote, to wit: Ayes: Dudley, McDaniel, Blum and Webster Noes: None Abstention: None Absent: Gutierrez, Jamison and Blakely REPORT OF AGENCY COUNSEL: Mr. Flory stated that he has nothing to report at this time. NAHRO, ANNUAL WORKSHOP, NOVEMBER 12, 1972: The following resolution was introduced: RESOLUTION NO. 2620 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE TRAVEL OF TWO STAFF MEMBERS AND ANY INTERESTED BOARD MEMBER TO LOS ANGELES, NOVEMBER 12, 1972, TO ATTEND A NAHRO ANNUAL WORKSHOP ,.... ....... i'! ~""~~,,,,._ ~';i"''''~_ """ ..,~. ,,"~~~;-;;;;c,;;;~ 2109 WHEREAS, Resolution No. 2043 of the Redevelopment Agen~v of the City of San Bernardino, California, requires that each trip made by an Agency Member or Staff Member outside of the City of San Bernardino, California, be specifically authorized by a resolution of the Agency Members; and WHEREAS, it is found essential for two staff members and any interested board member to travel to Los Angeles, November 12, 1972, to attend a NAHRO Annual Workshop. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that two Staff Members and any interested BOard Member are hereby authorized to travel to Los Angeles, November 12, 1972, to attend a NAHRO Annual Workshop, and their travel expenses are hereby approved in accordance with Resolution No. 2043, as amended. ....., ....... Adopted: 10-19-72 Motion was made by Dudley and seconded by Blum authorizing the adoption of Reso- lution No. 2620. The motion was carried by the following vote, to wit: Ayes: Dudley, Blum, McDaniel, and Webster Noes: None Abstention: None Absent: Jamison, Gutierrez, and Blakely CERTIFICATE OF COMPLIANCE, MONWAR PROPERTIES CORPORATION: The following resolution was introduced: RESOLUTION NO. 2621 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF RE- DEVELOPER'S CERTIFICATE OF COMPLIANCE TO MONWAR PROPERTY CORPORATION, REUSE PARCEL 22, CALIF. R-79 .., ...J WHEREAS, Monwar Proper~y Corporation, 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 14, 1970, was recorded on December 24, 1970, in Book 7580 on page 1, said Grant Deed dated December 14, 1970, was recorded on December 24, 1970, in Book 7580 on page 263, both in the Official Records of the County Recorder of the County of San Bernardi no, 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 here- inafter described real property, within the time and in the manner set forth in said Agreement; and WHEREAS, the Agency agreed in Section 4 of said Agreement and in Section 5 of said Deed to furnish the Redeveloper with an instrument certifying completion of said improvements in accordance with the provisions of said Grant Deed upon Redevelopers compl eti on thereof; and ...., ...... 2110 r L WHEREAS, said real property is described as Reuse Parcel No. 22, Calif. R-79 NO\~, THEREFORE, BE IT RESOLVED in accordance wi th Section 4 oLsai d,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 for itself, its successors and assians, all covenants and agree- ments with respect to the obligation of Redeveloper for the construction of imorovements and dates for the beginning and completion hereof, provided for in said Agreement and Grant Deed upon the hereinafter described real proper~y. IT IS FURTHER RESOLVED by the Redeve100ment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized and directed on behal f of the Agency to execute and have recorded wi th the County Recorder of the County of San Bernardi no a "Certi fi cate of Comp1 i ance." Adopted: 10-19-72 Motion was made by McDaniel and seconded by Dudley authorizing the adoption of Resolution No. 2621. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Blum and Webster Noes: None Abstention: None Absent: Gutierrez, Blakely and Jamison MOULDER BROTHERS, REQUEST FOR RECONSIDERATION, UNIT 10, R-10: r- The Chairman stated that this will be discussed under Executive Session following the completion of the Agenda. I;",.- LUKE AND VONDEY - RELOCATION: Mr. Quinn explained that Jer~y Miller is the contractor for Virgil Luke's new store within the Mall and also the contractor who has bought and will be removing the Mini-Mall. They are working continually to get the new store ready for occupancy. Mr. Luke has requested an extension of November 14th to remain in the Mini-Mall. Jerry Miller stated that he will start removing the portion that Virgil Luke now occupies immediately after he relocates. The deadline is November 15th. After review, motion was made by Dudley and seconded by Blum authorizing an extension of Rental Agreement to Virgil Luke, within the Mini-Mall, until NovemberS, 1972. The motion was carried by the following vote, to wit: Ayes: Dudley, Blum, McDaniel and Webster Noes: None Abstention: None Absent: Gutierrez, Jamison and Blakely QRS CORPORATION - CHANGES IN PRICES: ,. A letter was presented to the Members from ORS Corporation, Contractor for Graphics. Mr. Quinn requested a change order as reflected in their letter. The changes would be due to the deduction of certain items and the addition of two directories. Also the base of the sions was chan~ed from concrete to sheet metal. The original contract price was $77,823. . Authorization was requested to enter the change order and change the contract price to $72,513. The following resolution was introduced: ....., ~.-' ="-'"=---"~T~~:.,~::::;:::;7:,~~""'~"--" ... It'i~_,,,,~C~-;;:r.?,,~ 2111 RESOLUTION NO. 2622 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO. 1 WITH QRS CORPORATION, SITE PREPARATION UNIT 10-A, CALIF. R-79 WHEREAS, the Redevelopment Agency of the Ci~y of San Bernardino, California, entered into contract with QRS Corporation, August 22, 1972; and WHEREAS, credits in the total amount of $11,310.00 have been awarded the Agency; and WHEREAS, increase in the amount of $6,000.00 has been awarded to the Contractor; and WHEREAS, the total amount of Contract with QRS Corporation is now set in the amount of $72,513.00. 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 into Change Order No. 1 awarding credits in the amount of $11 ,310.00 and an increase to contractor in the amount of $6,000.00 setting forth new contract pri ce not to exceed the amount of $72,513.00. Adopted: 10-19-72 Motion was made by McDaniel and seconded by Dudley authorizing the adoption of Resolution No. 2622. The motion was carried by the following vote, to wit: Ayes: Dudley, McDaniel, Blum and Webster Noes: None Abstention: None Absent: Gutierrez, Jamison and Blakely Mr. Quinn stated that it is proposed by Central City Company to have installed electronic reader panels in lieu of the manual ones. The specifications called for four reader panels. Only two electronic reader panels are really necessary. The difference in price of the two electronic reader panels and the four manual panels should not be very great. Central City Company has agreed to pick up any extra cost incurred, if the electronic panels are 'decided upon. The members were concerned about what would actually be advertised on the panels. It was felt that the use of public funds to advertise private enterprises might not be legal. The Executive Director was instructed to investigate the matter and report back to the Board at the next meeting. AMERICAN SECURITY BANK, DISPOSITION: Mr. Quinn explained that the ERA report has revealed that the price of land within the West end could be reduced. American Security Bank has requested that due to this report they be considered for a reduction in purchase price if HUD accepts this report. Mr. Webster explained that the Agency does not have any jurisdiction on this matter. The Disposition Agreement is already signed and the transaction is in escrow. After review and discussion, motion was made by McDaniel and seconded by Dudley denying the request of American Security Bank, in that the Agency does not have any jurisdiction on this matter. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Blum and Webster Noes: None Abstention: None Absent: Jamison, Gutierrez and Blakely ~ - .., t f ..~ ...J ..., ....J 2112 OTHER BUSINESS: r- L Mr. Quinn explained that Riverside Construction Company has completed the first and second phase of their three phase contract. They have requested the release of the retention of this portion completed. The Aqency has approximately $80,000 in retention from the contract. Mr. Quinn recommended the release of $50,000 which covers tne first two phases. He stated that their work has been very satisfactory. After discussion, motion was made by McDaniel and seconded by Blum authorizing the release of retention in the approximate amount of $50,000 to Riverside Con- struction Company. The motion was carried by the following vote, to wit: Ayes: Blum, McDaniel, Dudley and Webster Noes: None Abstention: None Absent: Jamison, Blakely and Gutierrez EXECUTIVE SESSION: 5:00 p.m. Mr. Webster stated that upon advise of Counsel he would call for an executive session to discuss possible litigation. RECONVENED MEETING: 5:15 p.m. - Mr. Webster reconvened the meeting. MOULDER BROTHERS, REOUEST FOR RECONSIDERATION, UNIT 10, R-10: ir".,.... Motion was made by McDaniel and seconded by Dudley authorizing the release of retention of Moulder Brother's, less $1,744 which is in dispute. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Blum, and Webster Noes: None Abstention: None Absent: Jamison, Blakely and Gutierrez ,..-. SPECIAL COUNSEL: The following resolution was introduced: RESOLUndN NO. 2623 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE AGENCY COUNSEL, WM. A. FLORY, TO CONSULT WITH A SPECIAL COUNSEL FOR THE PURPOSE OF BRINGING ACTION AGAINST THE COUNTY OF SAN BERNARDINO AND THE COUNTY AUDITOR CONTROLLER WHEREAS, the Redevelopment Agency is charged with the responsibility for the resale of property within the Central City Project, Calif. R-79; and WHEREAS, the Redevelopment Agency must ascertain the proper improvements upon the land being sold for the purpose of rep~yment of $13,500,000 worth of Tax Allocation Bonds; and '-' WHEREAS, it is necessary that the assessed value of new improvements exceed the Assessed Values of the old improvements in as short a period of time as possible; and ,.".,. ______ ...____._.__~~_,.,~=.~.,,"'.=,="".-==~-~-~,,==,.:;;;~'ii'A;:;";:c,,-=-,:7o,~7;."':'~~":.~"-"'~~ ~iTliliOiilii'r rC:l ~ JIt:rT;jj;j~i".."~~~."",,-_.:;:;c;:,,':-::_;;C',,c:-"..~ 2113 WHEREAS, the Redevelopment Agency desires to cause the frozen assessed value of the Central City Project to be reduced to speed the repayment of the Tax Allocation Bonds; and WHEREAS, it is necessary that the County of San Bernardino and the Auditor Con- troller reduce the Frozen Assessed Value; and WHEREAS, the County and the Auditor Controller refuse to cause such reduction. " ~ i .....,; NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, does hereby authorize the Agency Counsel, Wm. A. Flory, to consult with a special counsel for the purpose of bringing action against the County of San Bernardino and the County Auditor Controller. Adopted: 10-19-72 Motion was made by Blum and seconded by McDaniel authorizing the adoption of Resolution No. 2623. The motion was carried by the following vote, to wit: Ayes: Blum, McDaniel, Dudley and Webster Noes: None Abstention: None Absent: Jamison, Blakely and Gutierrez ADJOURNMENT: Motion was made by Blum and seconded by McDaniel to adjourn the meeting at 5:30 p.m. The motion was carried by the following vote, to wit: Ayes: Blum, McDaniel, Dudley, and Webster Noes: None Abstention: None Absent: Gutierrez, --, Blakely and Jamison ...." ..., ......J 2114 "... l' t' L. MINUTES OF THE CONTINUED JOINT PUBLIC HEARING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIP)RNIA, ANn THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD OCTOBER 20, 1972, AT Q:30 A.M. Mayor Holcomb opened the Public Hearing of the City of San Bernardino, concerning the Amendment to the Central City Redevelopment Plan. The following councilmen were present: Campos, Katona, Hudson and Lackner. The following councilmen were absent: Wheeler, Hammock, and Gregory E. George Webster, Chairman, opened the Public Hearing of the Redevelopment Agency of the City of San Bernardino, California, concerninq the Amendment to the Redevelopment Plan for the Central City Project. The following Agency Members were present: McDaniel, Gutierrez, Dudley and Webster Agency Members Absent: Jamison, Blum and Blakely Mr. Webster explained that the Amendment is to include the property to the south of the Central City boundaries, which is beinq developed by Zody.s. No pro- tests were heard. r \- Mr. Katona asked if the City.s taxes would decrease because of the amendment. Mr. Quinn explained that the City's taxes would not actually decrease but that they would not increase. They would remain the same. There being no objections heard, motion was duly made and seconded by the Council to close the Public Hearing on the amendment to the Redevelopment Plan for the Central City Project. The motion was unanimously carried. The Council stated that the resolution would be adopted at a later council meeting. Mr. Ouinn was instructed to prepare necessa~y documentation regarding the tax situation which would occur if the Amendment is adopted. The following resolution was introduced by the Agency Board: .. RESOLUTION NO. 2624 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE REDEVELOPMENT PLAN AS AMENDED FOR THE CENTRAL CITY PROJECT, CALIF. R-79 ",-- I L.- WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, adopted the Official Redevelopment Plan for the Central City Project No.1, Calif. R-79, on December 10, 1964, by Resolution No. 345; and WHEREAS, the Redevelopment Agency amended said Redevelopment Plan on December 29, 1969, by Reso 1 uti on No. 2106 to provi de for two ti re, battery and accessory shops on land previously designated as parking area; and WHEREAS, it is now desired to again amend the Redevelopment Plan increasing the boundaries of the Central City Project to include property to the south of the present boundaries, which is being developed by ZodV's, and property owned by the Southern Pacific Railroad; and -~l7]7'~_,-~"'~'-'~--';--'~';~.':=C"_'~-"""",7''''''~;<'&;~'''i<1i"f~ J'--.l,,-,JlfJ?!fJ] -'WIf Wj7ij~. "-r:r-~~';;';;;;""" ,,'<_;:_"-'J,y;~,;;,;j.';"o;,';~;'V"".~j-""-"-'-'--- 2115 WHEREAS, on October 20, 1972 a Joint Public Hearing was held by the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino, on said .., Amendment to the Redevelopment Plan; and WHEREAS, the Amended Redevelopment Plan was reviewed and approved by the Re- development Agency at said Public Hearing. --- NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Amended Redevelopment Plan as presented at the Public Hearing October 20, 1972, is hereby in all respects approved. BE IT FURTHER RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, recommends that the Mayor and Common Council of the City of San Bernardino adopt said Amended Redevelopment Plan. Adopted: 10-20-72 Motion was made by McDaniel and seconded by Dudley adopting Resolution No. 2624. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Gutierrez and Webster Noes: None Abstention: None Absent: Jamison, Blakely and Blum Motion was made by McDaniel and seconded by Dudley to adjourn the Public Hearing on the Amendment to the Redevelopment Plan for the Central City Project at 10:00 a.m. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, ~~~i:f~Z and Webster Noes: None Abstention: None Absent: Jamison, Blakely .., ....,J ..... .....J .,.. 2116 MINUTES OF THE REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 2ND DAY OF NOVEMBER, 1972, 300 NORTH "0" ST., SAN SERNARDINQ, CALJf(')RN~A r-- ~ L- The Chairman called the meeting to order at 4:00 o.m. Roll Call showed the followinq: Agency Members Present: B1um'-Gutierrez, Jamison, Dudley and Webster Agency Members Absent: McDaniel and Blakely Also Present: Mr. Flory, Agency Counsel; Mr. Quinn, Executive Director; and Mrs. Baxter, Executive Secretary MINUTES: ""-' The Minutes of the Adjourned Regular Meeting of October 5, 1972, held October 19, 1972 in the Exhibit Hall were submitted for aoprova1. Motion was made by Blum and seconded by Gutierrez authorizing approval of the Min~tes as sub- mitted. The motion was carried by the following vote, to wit: Ayes: Blum, Gutierrez, Dudley and Webster Noes: None Abstention: Jamison Absent: McDaniel and Blakely The Minutes of the Regular Meeting of October 19, 1972 were submitted for approva 1. Motion was made by Dudl ey and seconded by B1 urn approvi ng the Mi nutes as submitted. The motion was carried by the following vote, to wit: Ayes: Dudley, Blum, Gutierrez and W~bster Noes: None Abstention: Jamison Absent: McDaniel and Blakely The Minutes of the Joint Public Hearing held October 20, 1972 in the Council Chambers w~re submitted for approval. Motion was made by Dudley and seconded by Gutierrez authorizing th~ adoption as submitted. The motion was carried by the following vote, to wit: Ayes: Dudley, Gutierrez, Jamison and Webster Noes: None Abstention: Blum Absent: McDaniel and Blakely "..... REPORT OF AGENCY COUNSEL: Mr. Flory reported that the meeting scheduled with Mr. Jacobs, Attorney for the Civic Light Opera, was postponed by Mr. Jacobs. Another meeting is to be scheduled later. PUBLICITY MATERIAL FOR THE GRAND OPENING OF THE MALL - PAYMENT OF PHOTOGRAPHY BILLS: A Memo was presented requesting authorization to pay for photography bills and the purchase of six albums so that the photos may be sent to Secretary Romney, Congressman Pettis, Raymond Carrasco, Mayor Holcomb and two extra sets for Agency files. These bills were incurred during the grand opening of the mall on October 11th and Secretary Romney's inspection tour of the area on October 19th. The following resolution was introduced: ,... i , RESOLUTION NO. 2625 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN EXPENDITURE OF NOT TO EXCEED $750 FOR PHOTOGRAPHY '--- _ --~-~--'C"~fi~-'~ijJ>-:;o;;r=,,~v.~..iIiii' ~T ~~m.MI1l_.-il '!i~--_-"'l 2117 WHEREAS, Publicity material was needed for the Grand Opening of the Mallon October 11, 1972, and Secreta~y Romney's Inspection Tour of the Redevelopment Projects on October 19, 1972; and WHEREAS, George M. Gibson was hired for photography purposes for these two events. ..., I I I .....; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that an expenditure of not to exceed $750 is hereby authorized for photography plus the purchase of six albums, covering the Grand Opening ceremonies for the Central City Mall. Adopted: 11-2-72 Motion was made by Jamison and seconded by Dudley authorizing the adoption of Resolution No. 2625. The motion was carried by the following vote, to wit: Ayes: Jamison, Dudley, Blum, Gutierrez and Webster Noes: None Abstention: None Absent: McDaniel and Blakely CONTRACT FOR ACCOUNTING SERVICES: Mr. Quinn explained that the Agen~y desires to engage the services of Shirley Haviland, Financial Officer in Riverside Agency, to assist Glenda Saul in our accounting office in HUD procedures of accounting. Mrs. Haviland will perform the servi ces duri ng evening hours and on week-ends, at the rate pf $10 per hour, with an upset figure of $3,000. After di'scussion, the following resolution was i ntreduced: RESOLUTION NO. 2626 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO A CONTRACT WITH SJ ACCOUNTING SERVICE FOR ACCOUNT- ING SERVICE. ., ~ ..~ ~ .....J WHEREAS, the Redevelopment Agency of the Ci~y of San Bernardino, California, desires to engage a contractor to render certain technical services and advice in connection with accounting and financial assistance for the Central City Project, Calif. R-79, and State College Project, Calif. A-41; and WHEREAS, SJ Accounting Service agrees to enter into a contract for said ser- vices, at $10.00 per hour not to exceed a maximum of $3,000.00. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and the Secretary are hereby authorized to execute a contract by and between the Agency and Mrs. Shirley J. Haviland, dba SJ Accounting Service for accounting services. Adopted: 11-2-72 Motion was made by Dudley and seconded by Jamison authorizing the adoption of Resolution No. 2626. The motion was carried by the following vote, to wit: Ayes: Dudley, Jamison, Blum, Gutierrez and Webster Noes: None Abstention: None Absent: McDaniel and Blakely ] 2118 r-' L AUTHORIZATION TO PAY BILLS IN CONNECTION WITH BREAKFAST MEETING, OCTOBER 19, 1972: A list of expenses incurred due to the breakfast meeting October 19, 1972 was presented to the Members. Mr. Quinn explained that the expenses incurred would not amount to more than $1,400. The following resolution was introduced: RESOLUTION NO. 2627 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE PAYMENT OF BILLS FOR BREAKFAST MEETING, OCTOBER 19, 1972 WHEREAS, a Breakfast Meeting was held October 19, 1972, in connection with Secretary George Romn~y!s visit to San Bernardino and the Redevelopment Project areas; and WHEREAS, certain costs were incurred due to said meeting and visit. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the p~yment of bills incurred by the Breakfast Meeting, October 19,1972 is hereby approved, not to exceed the sum of $1,400. Adopted: 11-2-72 --- Motion was made by Dudley and seconded by Blum authorizing the adoption of Resolution No. 2627. The motion was carried by the following vote, to wit: Ayes: Jamison, Blum, Gutierrez, Dudley and Webster Noes: None Abstention: None Absent: McDaniel and Blakely ,..,.... CHANGE ORDER QRS, GRAPHICS 3-LEVEL PARKING STRUCTURE: Mr. Quinn explained that there are some deficiendes in the graphics within the 3-level parking structure. He requested authorization to correct these deficiencies by additional directional signs, for an increase in the amount not to exceed $1,799. The additional signs were explained. After discussion, the following resolution was introduced: RESOLUTION NO. 2628 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO.2, UNIT lO-A, QRS CORPORATION, CALIF. R-79 WHEREAS, the Redevelopment Agency entered into contract with QRS Corporation August 22,1972; and" ,.... I '-- WHEREAS, on the lower level entrance at Court and liE" Streets, there is a truck entrance sign indicating trucks would have to turn right in order to load and unload freight at Building "J". The map shows the existing curb radius is too small to enable trucks to make a right turn without over running the curb and would be a hazard for pedestrians walking along said sidewalk. The truck sign would be relocated and of better use at 4th and "F" Streets; and 2119 WHEREAS, the entrance sign at Court and "Ell Streets has the following nom- enclature "Parking Entrance, Clearance 6'9"; it was discussed to also include the following: "No Trucks-Use 4th and "F" Street Entrance ~". We would thus be eliminating large trucks from entering at Court and "E" Streets; and --, -.J WHEREAS, at the southwest corner of the existing Woolworth Building, a clearance sign was not provided if traffic should enter in this area; and WHEREAS, two "Do Not Enter" signs were discussed to be installed on the third level in areas where traffic would be entering the third level. We would be eliminating any future traffic hazards; and WHEREAS, on the third level, a "Parking...-" sign was noted to be in an area where it would be blocked by parked vehicles. This would be relocated to a more visual point, as shown on the map; and, WHEREAS, on the third level, A ONE SIDED "Exit.0" was noted to be of no value in its present site and was changed to be a two sided "Exit ~ " sign and rotated. The above mentioned items were changed and added so as to provide a better traffic flow and eliminate any future traffic hazards; and WHEREAS, QRS Corporation has agreed to perform said work for a total amount of $1,799.00. . 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 into Change Order No.2 with qRS Corporation for an amount not to exceed $1,799.00, Unit 10-A, R-79. Contract Price now set for $74,312.00. Adopted: 11-2-72 -, I i ......, Motion was made by Jamison and seconded by Gutierrez authorizing the adoption of Resolution No. 2628. The motion was carried by the following vote, to wit: Ayes: Jamison, Gutierrez, Blum, Dudley and Webster Noes: None Abstention: None Absent: McDaniel and Blakely 4:20 p.m. - Mr. McDaniel arrived at the meeting. RIGHT OF ENTRY, A-41, PARK: A letter was presented from Mr. Ron Garabedian granting the Agency permission to enter upon his property within the proposed park site in the State College area, for the purpose of site improvements and the transplanting of trees. After dis- cussion, motion was made by Dudley and seconded by Blum authorizing the Executive Director to accept the Right of Entry executed by Mr. Ron Garbedian regarding the park within the State College project area. The motion was carried by the follow- ing vote, to wit: Ayes: Dudley, Blum, Gutierrez, McDaniel, Jamison and Webster Noes: None Abstention: None Absent: Blakely AWARD OF SEWER IMPROVEMENT CONTRACT, UNIT NO.1, A-41: ~ 11 -J 7 2120 r- L Mr. Ouinn explained that bids were opened at 10:00 a.m. this morning for the sewer improvements within the State College Project Area. The low bid was received' from Parker Construction in the amount of $193,635. Mr. Jones stated that Parker Construction does not have the lowest alternate bid. The alternate bid is for residents who desire the prime contractor to also connect their homes to the main line. Residents have the opportunity to use the prime contractor, secure another contractor, or to actually do the work themselves. This was discussed carefully. After cons i derati on, the followi ng resol uti on was introduced: RESOLUTION NO. 2629 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH PARKER CONSTRUCTION COMPANY FOR SITE IMPROVEMENT NO.1, SEWER IMPROVEMENTS, STATE COLLEGE PROJECT, A-4l ",..... WHEREAS, the Agency has under date of October 20, 1972 entered into a Contract for Loan and Caoital Grant with the United States of America provi~ing for financial aid to the Agency for its' College Park Project, A-4l under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract, the Agen~y is undertaking certain activities necessarY for the execution of the State College Project, A-4l; and ~ WHEREAS, the Agency invited competitive sealed bids for sewer improvements within the State College Project; 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 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 Parker Construction Company in the amount of $193,635.00; and WHEREAS, the Redevelopment Agency of the City of San Bernardino has accepted the bid of Parker Construction Company 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 that the bid of Parker Construction Company in the amount of $193,635.00 be hereby accepted and the Chairman and SecretarY be authorized to execute the Contract for Site Improvement No.1, Sewer Improvements, State College Project, A-4l on behalf of said Agency. [ Adopted: 11-2-72 Motion was made by Dudley and seconded by Blum authorizing the adoption of Resolution No. 2629. The motion was carried by the following vote, to wit: Ayes: Dudley, Blum, Gutierrez, Jamison, McDaniel and Webster Noes: None Abstention: None Absent: Blakely -1t'~;,1'~..&;~',A;;:;,,;;;;;;;,7.,;,,;:;;;;,,';-':;-:,;;;-~--:-:;;iliii1l<l 'HI.WllW7"Mt1iiiiJ-l lriliJJ!r _ ,L -. iiiil - v K,nn _:w;}( 'f:ilT~I"1 2121 AMERICAN SECURITY BANK: Mr. Quinn reported that American Security Bank is ready to enter into escrow on property at 250 North "G" Street, under the conditions as set forth in Mr. Skousen's letter of September 26, 1972, with the exception of the reduction in price. Rental from July 1, 1972 in the amount of $875 per month will be charged in addition to the purchase price of the property. ] RESOLUTION FOR RECORDATION OF DOCUMENTS, R-79: Mr. Quinn requested a resolution for the recordation of documents necessary within the execution of the Central City Project. Mr. Quinn explained that this has been done in the past under his basic authority resolution, but that he would like a special resolution for the procedure. The following resolution was introduced: RESOLUTION NO. 2630 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE RECORDATION OF CERTAIN DOCUMENTS RELATING TO THE CENTRAL CITY PROJECT WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, during the execution of the Central City Project has found it necessary to record certain documents relating to said project; and WHEREAS, to expedite the progress of said project the Agency desires to authori ze the recordation of certain documents re1 ating to the Central Ci ty Project. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of San Bernardino, California, hereby authorizes recordation of documents re- lating to the Central City Project to carry out the project in an expeditious manner. .., I , ....", Adopted: 11-2-72 Motion was made by McDaniel and seconded by Dudley authorizing the adoption of Resolution No. 2630. The motion was carried by the following vote, to wit: Ayes: McDaniel, Dudley, Jamison, Blum, Gutierrez and Webster Noes: None Abstention: None Absent: Blakely OTHER BUSINESS: The Members instructed the Executive Director and staff to review the treatment of traffic and parking controls within the project area. Mr. Quinn stated that they would prepare a study. Mr. Bill Leonard was introduced to the Board. Mr. Leonard explained that he has a client within the Central Ci~y North Survey Area who wishes to purchase an adjoining parcel of property in order to develop a parking area. The owner of ___ the adjoining parcel will under no conditions sell his property to anyone other i than an Agen~y with the power of eminent domain. The proposed purchaser will ~ pay all costs whatsoever in the transaction. - 2122 c Mr. Leonard requested that the Agency, through its powers within a survey area, under the threat of condemnati on, purchase thi s parcel of 1 and. Total reimbursement will be made by the repurchaser, arid he will also develop the 1 and into a much needed parking area. The Members discussed this matter thoroughly. Mr. Florv stated that under Section 33391 of the California Health and Safety Code this procedure is authorized even if the project is not passed. The use is consistent with the General Plan for the City and therefore also eligible if the Agency de- sires to consider the request. The tenants within the parcel to be sold will be relocated according to HUD rules and regulations. After careful discussion, the following resolution was introduced: RESOLUTION NO. 2631 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ACQUISITION OF PROPERTY WITHIN THE CENTRAL CITY NORTH SURVEY AREA UNDER SECTION 33391 OF THE HEALTH AND SAFETY CODE WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to Durchase certain property within the Central City North Study Area':;; and ,.... * \.- WHEREAS, the property which the Agency desires to purchase is blighted and cannot be feasibly rehabilitated; and WHEREAS, the Redevelopment of the property will be in accordance with the General Plan and the Redevelopment Plan for the project area; and WHEREAS, under Section 33391 of the Health and Safety Code, acquisition of property within a study area is authorized. NOW, THEREFORE, BE IT RESOLVED, that the purchase of certain property within the Central City North Study Area is hereby authorized, and the Chairman and Secretary are hereby authorized and instructed to proceed with said acquisition. Adopted: 11-2-72 c Motion was made by McDaniel and seconded by Jamison authorizing the adoption of Resolution No. 2631 authorizing the acquisition of property or properties under Section 33391 of the California Health and Safety Code, within the survey area of the Central City North, generally in the area of 4th and "0" Streets, to be more explicitly defined by the Executive Director; with the condition that this property be then sold or title assigned to a subsequent purchaser who shall pay all costs of acquisition, including both purchase price and all other costs of any kind. Said purchase shall be approved by the Agency later. _ ___'.~'O. ,.,r,_=.=~_",-"":,==,,,,,,=~~o .._~~_.""-~~ "~'~ -n ..J.,-... ] .':. . ..:;ifT'_ -:"-- "",,,;;;'_,,,,;;,;>:;;y.;;,,,,_._..;i;;=-' 2123 Further moving that said purchase shall be upon the condition that the further use of the property shall be in accordance with those shown in the Agency~splans for the survey area. It is understood that the immedi ate reuse of the property shall be for parking~ and that the repurchaser shall be subject to all develop- mental controls and provisions by applicable governmental agencies~ subsequent to title passing from the Agency's hands to the repurchaser. ~ - Motion was carried by the following vote~ to wit: Ayes: McDaniel ~ Jamison~ Blum; Gutierrez~ Dudley and Webster Noes: None Abstention: None Absent: Blakely ADJOURNMENT: Motion was made by Jamison and seconded by McDaniel to adjourn the meeting at 5:45 p.m. The motion was carried by the following vote~ to wit: Ayes: Jamison, McDaniel ~ Blum~ Webster~ Gutierrez and Dudley Noes: None Abstention: None Absent: Blakely ._---~ .., ~ ..J ~ ....,j