HomeMy WebLinkAboutR12-Economic Development Agency
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ECONOMIC DEVELOPMENT AGENCY
OF TIlE CITY OF SAN BERNARDINO
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REOUEST FOR COMMISSION/COUNCIL ACTION
From:
TIMOTHY C. STEINHAUS
Agency Administrator
Subject:
EDA ADMINISTRATIVE
PROCEDURES
Date: November 16,1994
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Synon,i, of Prey iou, Commi"ion/CouncWCommittee Action(,):
The Mayor and Common Council/Community Development Commission have taken previous actions
regarding the formation of the Economic Development Agency.
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Recommended Motion(,):
(Community Deyelonment CommissIon)
MOTION A: That the Community Development Commission receive and file the audit of the Multi-family Rental
Rehabilitation Program dated September 13, 1994.
MOTION B: That the Community Development Commission approve and adopt the attached revised Economic
Development Agency Organizational Chart to reassign the reporting requirement of the Administrative
Services Division from the Development Department to Agency Administration.
MOTION C: That the Community Development Commission adopt a RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 5277 PERTAINING TO THE ESTABLISHMENT OF CERTAIN STAFFING
POSITIONS FOR THE ECONOMIC DEVELOPMENT AGENCY AND TO INCLUDE THE
DELETION AND THE ADDITION OF CERTAIN POSITIONS OF THE ECONOMIC
DEVELOPMENT AGENCY.
. STEINHAUS
Agency Administrator
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Contact Person(s): Timothv C. Steinhaus
Phone: 5081
Project Area(s):
N/A
Ward(s): N/A
Supporting Data Attached:
StaffReoort: Resolutions: omanizational chart
FUNDING REQUIREMENTS:
Amount: $0.000.000
Source:
Budget Authority:
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C Commission/Council Notes:
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TCS:SMM:pc:adminpro.cdc
COMMISSION MEETING AGENDA
Meeting Date: 11/21/1994
A2enda Item Number: '2
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Commi..ion/Council Notes:
REQUEST FOR COMMISSION/COUNCIL ACTION
Economic Development Agency Administrative Procedure.
November 21, 1994
Page Two
MOTION D: That the Community Development Commission adopt a RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 5280 PERTAINlNG TO THE ESTABLISHMENT OF COMPENSATION
LEVELS AND SALARY RANGES FOR EMPLOYEES ENGAGED IN ACTIVITIES FOR THE
ECONOMIC DEVELOPMENT AGENCY AND TO INCLUDE THE DELETION AND THE
ADDITION OF CERTAIN POSITIONS IN THE ECONOMIC DEVELOPMENT AGENCY.
MOTION E. That the Community Development Commission adopt a RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 5282 PERTAINlNG TO THE ESTABLISHMENT OF THE ECONOMIC
DEVELOPMENT AGENCY MANAGEMENT AND CONFIDENTIAL EMPLOYEE
COMPENSATION BENEFITS PLAN TO INCLUDE THE DELETION AND THE ADDITION OF
CERTAIN POSITIONS OF THE ECONOMIC DEVELOPMENT AGENCY.
TCS:SMM:pc:adminpro.cdc
COMMISSION MEETiNG AGENDA
Meeting Date: 11/21/1994
Agenda Item Number: ('2-
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ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
STAFF REPORT
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Economic Develooment Al!encv Procedures
On September 13, 1994, the Agency commissioned an independent audit of the management controls and
procedures regarding its multifamily rental rehabilitation program. The audit analyzed staff procedures and
practices and made certain findings regarding the process used for selection and review of prospective
program participants; the contents ofloan files; procedures used for making draw requests and disbursements;
costs of improvements and management controls. The purpose of this agenda item is to respond to the
specific findings with recommended changes to internal procedures and divisional reporting requirements
which will provide a more efficient "check and balance" system within the Agency. Implementation of the
proposed administrative changes should provide a mechanism for preventing instances such as the most
recent events from occurring in the future.
POLICIES AND PROCEDURES
The audit report identifies the importance of formal written procedures to implement the rehabilitation
program. As a response to this report, staff is currently preparing the necessary policy and procedure
document, which will be presented to the Commission for review and approval in the near future. Many of
the recommendations provided by the auditors are critical to the success of the program and will be included
in the final presentation. However, I feel it is unfair to imply that all of the points addressed in the audit are
deficiencies and which have not already been addressed by the Agency through preparation of the necessary
program documents pending future Agency approval. It is important to note that many of the program
elements are in place, and with the fine tuning that formal written policies and procedures will provide, the
program will continue to meet its objectives by improving the quality of the housing stock in the City of San
Bernardino. For instance, the audit implies that the program lacks procedures for marketing to residents.
Over the last year, the Housing Division has aggressively pursued marketing efforts through increased
presence and regular presentations at builder trade shows and quarterly meetings with realtor associations,
developer associations and lenders. In addition, the program is advertised quarterly in the City newsletter
which is distributed to City residents. To support these efforts, the Agency developed three quality
brochures which target audiences for program participation. While these may not be formal procedures,
these actions have been worthwhile and support the desire to aggressively market the program to potential
participants.
DRAW REOUESTS AND DISBURSEMENT PROCEDURES
Procedures for the processing of invoices and draw requests have always been in place within the Agency.
These procedures include review of all invoices for payment by the Administrative Services Division. For
payment processing purposes, a "Payment Request" form is used (see attachment marked Attachment "A").
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TCS:SMM:pc:adminpro.cdc
COMMISSION MEETING AGENDA
Meeting Date: 11/2111994
Agenda Item Number: JL.
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STAFF REPORT
Economic Development Agency Procedure.
November 21, 1994
Page Two
In most instances, this form is completed by the Administrative Services Division and then submitted to
project stafffor appropriate routing. A "typical" payment routing process as was previously in effect follows:
1. Invoice is received by Administrative Services.
2. Information is entered into computer to verifY:
a) Budget Authorization
b) Totals/Addition
c) Inspection completed and signed offby Inspectors
d) Valid contract/agreement/note payable/etc.
e) Purchase Order, if necessary
f) Contract limit not exceeded
g) Proper back-up documentation
h) No duplications
3. Request for Payment is printed. Information supplied on form identifies the vendor name and
address; brief description of supplies or services; project area account number; budget line
item number; department or division; amount of payment.
4.
The form is then signed by the project staff person and submitted to the division manager for
approval and signature.
5. Check printed.
6. Accounting use only information is completed on form.
7. Payment Request form and check are submitted together to the Development Department
Executive Director for review and approval. The Executive Director signs the Request for
Payment.
8. Checks are submitted to Agency Administrator for signature. Checks are accompanied by
appropriate back-up documentation, including approved, signed payment request forms.
9. Checks are submitted to Mayor for signature. Checks are accompanied by appropriate back-
up documentation, including approved, signed payment request forms.
10. Checks are returned to Administrative Services Division for disbursement.
To facilitate a better control on the payment process, staffhas replaced the old form with attachment Exhibit
"B". This provides for an additional step in the process identified in No. 2 above which will include the date
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COMMISSION MEETING AGENDA
Meeting Date: 11/21/1994
(2.
Agenda Item Number: _
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STAFF REPORT
Economic Development Agency Procedures
November 21,1994
Page Three
of approval by Commission or Agency approval. All requests for payment will require the date of formal
approval of the Commission by Resolution or motion for the contract, agreement, program and budget
authority. If the payment falls within the granted authority of the Agency Administrator, the date will also
be stated as to the purchase order or other authority for payment by the Agency Administrator. This will
demonstrate to the Agency Administrator and the Mayor at the time the check is signed that the proper
approval process by the Commission, or that the procedure and policies of the Agency as approved by the
Commission, have been followed.
Historically, the Agency has always required the signature of the Agency Administrator on all checks
(approximately 150-200 checks per week), along with the signature of the Mayor. The Executive Director
may only sign checks in the absence of the Agency Administrator, and historically, the Vice Chairperson of
the Commission has only signed checks in the absence of the Mayor. Before the creation of the Economic
Development Agency, the Executive Director of the Redevelopment Agency signed checks, and the Deputy
Director signed only in his/her absence. The procedure for the Mayor and the Vice Chairperson of the
Commission has been as mentioned above. Currently, the Mayor is the sole second signature on checks
because no Vice Chair was designated.
It is important to note that when the Administrative Services Division prepares the request for payment,
verification takes place as to the accuracy of dollar amounts, tax identification information, signatures existing
on all contracts, notes and agreements, that the project has received budget authorization, limit of
contract/agreement amounts have not been exceeded, that the proper inspections have taken place, and if
necessary, that purchase orders are in place. It is not the responsibility of the Administrative Services
Division to obtain appropriate CounciVCommission action. This responsibility is that of the respective
division/department, with the concurrence by the Executive Director to proceed with obtaining such
Council/Commission action. However, as a new procedure, Administrative Services will print the date of
the Action by the CounciVCommission or ensure that proper Agency purchasing procedures have been
adhered to.
PROPOSED ORGANIZATIONAL CHANGES
Since the time the Mayor and Common Council and the Community Development Commission took action
approving and adopting the organizational structure for the Economic Development Agency, staff has defined
the role and function of the various departments and divisions. Because of this process and in light of the
recent events, it is clear that a structural change in the organizational flow of the Agency finance and contract
administration functions should be made. At the time of the Economic Development Agency formation, the
contract administration/compliance responsibilities were separated from the community development,
redevelopment, housing and business development functions. The purpose for the separation was to allow
the Development Division the opportunity to concentrate mainly on new development and less on compliance
and monitoring of developments that were out of the negotiation phase and had received Commission
approval. The Administrative Services Division was placed under the control and jurisdiction of the
Development Department.
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TCS:SMM:pc:adminpro.cdc
COMMISSION MEETING AGENDA
Meeting Date: 11/21/1994
Agenda Item Number: 12-
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STAFF REPORT
Economic Development Agency Procednres
November 21, 1994
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Within this division, the functions of contract administration, compliance, accounting, financial responsibilities
and graphics are assigned. It is important to mention that Administrative Services is responsible for
monitoring financial and contractual events for the entire Agency and the current structure prohibits direct
reporting to the Administrator. The Administrative Services Division provides these services to all
departments within the Agency structure, i.e., Main Street, Convention & Visitor's Bureau, Office of Business
Development, Development Department and Agency Administration. Initially, all of these departments may
not have been an integral part of the Agency and it was not essential to place this division directly under the
Administrator. However, with the expansion of the functions of the Economic Development Agency
Administrator through integration of Main Street and the creation of the Office of Business Development,
it is necessary and appropriate to reassign the Administrative Services Division to the Agency Administration.
It is staff's opinion that this organizational change will more effectively and efficiently discharge all of the
functions assigned to the Division, and also provide a more efficient "check and balance" for all finances and
contract compliance within the entire Agency.
As indicated above, staff believes the proposed organizational change is necessary and appropriate. An
important aspect of this organizational change is that this Division would be supervised directly by the
Agency Administrator. Consequently, it is proposed that the position of Administrative Services Division
Manager be changed to Director which would more accurately reflect the divisional status of the department
head. In addition, because of the reduction in supervision within the Development Department and to avoid
any future confusion relative to which position is ultimately responsible as the Administrator of the
organization, it is proposed that the current Executive Director position be changed to that of a Director and
the pay be reduced by five percent (5%) accordingly.
Staffrec
s adoption of the form motion.
TIMOTHY C. TEINHAUS, Agency Administrator
Economic Development Agency
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COMMISSION MEETING AGENDA
Meeting Date: 1l/2111994
Al!enda Item Nnmber: I Z/
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RBSOLUTION NO.
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A RBSOLUTION OP THB COMMUNITY DBVBLOPMBNT
COMMISSION OP THB CITY OP SAN BBRNARDINO AMENDING
RBSOLUTION NO. 5277 PERTAINING TO THB BSTABLISBMBNT
OP CBRTAIN STAFPING POSITIONS POR THB BCONOMIC
DBVBLOPMENT AGENCY AND TO INCLUDB THB DBLBTION AND
THB ADDITION OP CERTAIN POSITIONS OP THB BCONOMIC
DBVBLOPMENT AGENCY.
WHBREAS, the City of San Bernardino (the "City") has
8 previously caused the restructurinq of the community Development
Commission of the city of San Bernardino (the "commission") in
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10 order that the commission may function more effectively and
11 efficiently in implementinq and carryinq out Community Development
12 proqrams beneficial to the city; and
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WHEREAS, in connection with the restructurinq of the
14 commission, the commission previously adopted its Resolution
<:: 15 No. 5277 pertaininq to establishinq certain positions to staff the
16 Bconomic Development Aqency and approvinq certain job descriptions
in connection therewith; nnd
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WHEREAS, the Commission deems it desirable at this time to
19 amend Resolution No. 5277, pertaininq to the establishment of
certain positions to staff the Economic Development Aqency to
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include deletions and additions of positions of the Economic
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22 Developm~nt Aqency.
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24 ON
NOW, THERBPORB, THB COMMUNITY DBVBLOPMBNT COMMISSION, ACTING
BEHALP
OP
THB
RBDBVELOPMBNT
AGENCY
OP
THE
CITY
OP
25 SAN BERNARDINO, DOBS HERBBY RESOLVE,
26 POLLOWS:
DETERMINE AND ORDER AS
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Section 1.
Exhibit "A" to Resolution No. 5277 shall
be amended to read as follows:
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(a) #1, chanqe section lb. fro. "Executive Director,
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Development Department" (3)" to "Director, Development Department";
3 and
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(b) #1, chanqe Section ld. as follows:
5 AdIIlinistrative Services Division" to "Director,
6 Services Division"; and
from "Manaqer,
AdIIlinistrative
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8
Section 2.
Exhibit "B" to Resolution No. 5277 shall be
9 amended to add the followinq job descriptions which are attached
10 hereto:
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11 (a) Director, Development Department
12 (b) Director, AdIIlinistrative Services Division
13 III
14 III
15 III
16 III
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28 III
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A RBSOLUTION OP THB COMKUNITY DBVBLOPKBBT COMMISSION OP
THB CITY OP SAN BBRNARDINO AMB1mING RESOLUTION NO. 5277
PERTAINING TO THB ESTABLISBMBNT OP CERTAIN STAFPING
POSITIONS FOR THE ECONOMIC DBVBLOPMDIT AGBNCY TO INCLUDE
THE DELETION AND THE ADDITION OP CERTAIN POSITIONS OP THE
ECONOKIC DEVELOPMENT AGBNCY.
section 3.
This Resolution shall take effect upon the date
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of its adoption.
,
I HERBBY CERTIPY that the foreqoinq Resolution was duly
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adopted J:Iy the cOlllllunity Development co_ission of the City of
9 San Bernardino at a
10 hereof, held on the
meetinq
day of
,
11 1994, J:Iy the followinq vote, to wit:
12 commission KAmhers:
AID
IfAXS.
ABSTAIN ABSBNT
13 NEGRETB
].I CURLIN
HBRNANDBZ
15 OBBRHELMAN
DEVLIN
16 POPB-LUDLAK
MILLER
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IS
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Secretary
The foreqoinq resolution is hereJ:Iy approved this
, 1994.
day of
Tom Minor, Chairman
Community Development commission
of the city of San Bernardino
Approved as to fora
23 and leqal content:
24 By: e-C\~
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1 STATE OF CALIFORNIA
2 COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
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I, , secretary of the community
4 Development commission of the city of San Bernardino, DO HEREBY
CERTIFY that the foreqoinq and attached copy of community
5 Development commission of the city of San Bernardino Resolution
No. is a full, true and correct copy of that now on file in
6 this office.
7 IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the community Development commission of the
8 City of San Bernardino this _ day of , 1994.
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secretary of the
community Development commission
of the City of San Bernardino
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BXBIBIT "A"
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STAPl"IRG POSITIORS POR TIIII
BCOROIIIC DBVBLOPIIIDlT &aDCY
1. Bconoaic D8v.lqpa.D~ Aa.D~V M.Daa".D~
a. AgaDcy AdaiDis~ra~or
b. Direc~r, DevelopaeD~ Departa8D~
c. Depu~y Direc~or, DevelopaeD~ Deparla8D~
d. Direc~r, AdaiDis~ra~ive Services Divisi08
e. lIaJlager, BousiDg DivisioD
f. lIaJlager, Office of BusiDess Developa8D~
g. Bxecu~ive Direc~or, RaiD S~ree~
2. Rconoaic DeveloDaeD~ Agencv - coD~id.D~ial
a. Assis~aD~ ~o AgeDcy AdaiDis~ra~or
b. Bxecu~ive Secre~ary ~o AgeDcy AdaiDis~ra~or
c. S~aff Assb~aD~
d. AdaiDis~ra~ive Secre~ary
e. R...... Resources BaDager
f. AccoUD~iDg/COllec~ioDs Officer
3. Rconoaic DevelQam.D~ AGencv Mid-MaD.a".D~
e.
SeDior PlaDDer
Projec~ RaDager (4)
Graphics aDd DesigB COordiDa~or
COD~rac~s AdaiDis~ra~or
SeDior Accoun~aD~
BousiDg DevelopaeD~ Specialis~ III (1)
Rebabili~a~ioD CoordiDa~or
Mobile Boae ReD~ Board coordiDa~or
RaiD S~ree~ Projec~ COordiDa~or
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a.
b.
c.
d.
f.
g.
h.
i.
4. EcoDomic Develo~.D~ AGencv Ganeral UDi~
a. SeDior Rehabili~a~ioD Specialis~
b. RousiDg DevelopaeD~ Specialis~ II (2)
c. DevelopaeD~ Specialis~ (4)
d. Boaeless Services ADalys~
e. LoaD Officer I
f. COD~rac~ Specialis~ (2)
g. LoaD Officer II
h. Graphics aDd DesigB Assi.~aD~
i. ACCOUD~iDg TechniciaD
j . SeDior Accoun~ Clerk
k. Secreury (2)
1. TJpis~ Clerk (4)
a. TJpis~ Clerk II (2)
D. AdaiDi.~ra~ive/Records BaDage.eD~ Clerk
o. special BveD~S COordiDa~or
p. Rebabili~a~ioD IDspec~or
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BUlBI!!! "B"
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JOB DBSCRIP'rIOIfS
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ECONOMIC DEVELOPMENT AGENCY
DIRECTOR. DEVELOPMENT DEPARTMENT
JOB DESCRIPTION:
Under direction of the Economic Development Agency Administrator, to manage, supervise and
coordinate the functions and activities of the Development Department, of the Economic
Development Agency; to implement a variety of community and economic development and
housing programs; to assure governmental and private sector financing for Agency and City
departments; and to provide highly complex staff assistance to the office of the Mayor, Common
Council and to the Agency Administrator.
SUPERVISION RECEIVED AND EXERCISED:
Receives general direction from the Agency Administrator.
Exercises direct and indirect supervision over the Department's professional and clerical staff.
SPECIAL OUALIFICATIONS:
This position differs from other Agency positions in requiring a high degree of knowledge of
redevelopment and community development practices, a strong ability to interface and negotiate
with the business and development community and a willingness to be innovative in the creation
of development and redevelopment programs. This position further requires the ability to
exercise independent judgment and authority.
EXAMPLES OF DUTIES:
Duties may include, but are not limited to, the following:
a) Plan, manage and coordinate goals and objectives of the Department consistent with the goals
and policies of the Agency; design and implement Department policies and procedures
necessary to provide Department services and further Department goals; prepare a statement
of Department objectives and time frames for the accomplishment thereof.
b) Manage and supervise specific community development and redevelopment activities and
projects; supervise Development Department staffin developing and implementing a variety
of community development and redevelopment programs.
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c) Direct and review project activities including funding, property acquisition and disposition,
relocation and project improvements, to ensure compliance with Department policies and
goals; oversee the ana1ysis of development or redevelopment proposals and cost projections;
secure and administer project funding.
d) Create a system of prioritizing projects and proposed projects to effectively allocate the
Department's assets in a manner consistent with Agency and City goals.
e) Supervise the preparation of forecasts of future Department financial needs and goals,
including an analysis of the sources of Department revenue; monitor and approve
expenditures; develop plans for staffing, equipment, materials and supplies.
t) Review and oversee Department activities to ensure compliance with City and Agency goals,
policies and procedures as well as local, State and Federal regulations; supervise the
preparation and filing of necessary reports and otherwise ensure Department compliance with
applicable law.
g) Manage, supervise and participate in the preparation of appropriate reports and studies related
to Department activities; analyze reports and prepare recommendations for implementing
necessary actions on programs in response thereto.
h) Supervise the providing of information and technical assistance to the Mayor, Common
Council, City commissioners, committees, Agency Administrator and senior City staff in
matters related to the Department's activities and programs.
i) Coordinate the relocation of property owners and tenants displaced by Department
development or redevelopment activities.
j) Meet with members of outside agencies, the public and the business and development and
redevelopment goals, policies and procedures.
k) Select, train and motivate Department staff; provide guidelines and procedures for the
selection and training of personnel.
I) Develop bids and specifications for development and redevelopment activities; administrate
contracts and progress payments.
m) Perform related duties as necessary or requested.
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QUALIFICATIONS:
Knowled2e of:
Modem principals and practices of community development and redevelopment.
Legislation related to community development and redevelopment.
Principals of personnel administration, supervision and training.
Principals and practices of budget preparation and administration.
Ability to:
Supervise, train and evaluate professional and clerical staff.
Interpret applicable Jaws, rules and regulations.
Prepare and analyze reports, statements and correspondence.
Develop and administer a Department budget.
C Communicate clearly and concisely, both ora1ly and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
MINIMUM EXPERIENCE AND TRAINING REOUIREMENTS:
The minimum combination of experience and training for this position is as follows:
Education:
A Bachelor's Degree or equivalent from an accredited college or university with major course
work in economics, urban planning, public administration or a closely related field.
Experience:
Ten years experience in community development or redevelopment with substantial management
responsibilities including extensive involvement in negotiation of contracts, and supervision of
personnel.
Eight years of experience would be acceptable if the applicant possesses a masters degree in a
field specified above.
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ECONOMIC DEVELOPMENT AGENCY
DIRECTOR. ADMINISTRATIVE SERVICES DMSION
JOB DESCRIPTION:
Under direction of the Agency Administrator manages, supervises and coordinates the functions
and activities of the Administrative Services Division of the Economic Development Agency, and
provides staff assistance to the Agency Administrator.
SUPERVISION RECEIVED AND EXERCISED:
Receives general direction from the Agency Administrator.
Exercises direct supervision of the Administrative Services Division's professional and clerical
staff.
SPECIAL OUALIFICATlONS:
This position requires a thorough knowledge of California redevelopment finance and
redevelopment agency accounting practices in addition to a background in contract compliance
for various types of redevelopment agency agreements, CDBG, UDAG and EDA programs,
investment portfolio management and bond issue compliance. The position requires the technical
background and personnel skills necessary to supervise specialists in various areas, including
contract compliance, accowrting, property tax analysis and graphics and design, and an ability to
effectuate the policies of the Agency in a manner which addresses the concerns of the public.
EXAMPLES OF DUTIES:
Duties may include, but are not limited to, the following:
a) Plan, manage and coordinate the goals and objectives of the Administrative Services
Division consistent with the goals of the Agency; design and implement Division
policies and procedures necessary to provide Division services and further Division
goals; prepare a statement of Division objectives and time frames for the
accomplishment thereof.
b) Manage and supervise staff in the monitoring of all municipal bond financing incurred
in furtherance of Agency objectives, including tax allocation bonds, single and
multifamily mortgage revenue bonds, certificates of participation, taxable bonds and
borrowings from conventional lenders.
c) Manage, supervise and direct the preparation of appropriate reports to the State
Controller, the Statement of Indebtedness to the County and the annual audit and other
studies or reports related to housing, economic development and redevelopment issues
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and Division activities; ana1yze reports and prepare recommendations for implementing
necessary actions or programs in response thereto.
d)
Supervise the providing of information and technical assistance to the Mayor, Common
Council, Agency Administrator, Executive Director and Senior City staff in matters
relating to the investment activities, financial condition, budget considerations and the
financial ability to implement Agency programs.
e)
Supervise and direct the preparation of tax increment revenue cash flow analyses for
each redevelopment project area, identifY irregularities in tax increment receipts and
assessed value figures and monitor development project completion to obtain valid
projections of tax increment growth.
t)
Provide liaison and coordination with State and Federal agencies involved in contract
compliance for any grant or loan programs.
g)
Coordinate financial audits with outside auditors.
h)
Supervise the expenditure and investment of funding obtained by the Agency in
manners consistent with applicable rules and regulations.
i) Supervise and administer all aspects of the Department's word processing computer
system, including hardware and software for word processing, accounting, and data
processing.
j) Responsible for development and maintenance of the file system.
k) Supervise and administer all accounting and compliance matters dealing with the 20%
Low and Moderate-Income Housing Fund, Community Development Block Grant
Program, Main Street, Inc., Economic Development Administration Programs or other
federal funds, including, the determination of valid expenditures and projects, time limits
for expenditures, investment of funds, and assure compliance with all affordability
covenants and regulatory agreements.
I) Supervise the preparation of the Agency budget and budget planning activities,
including the 'providing of information and technical assistance to the Agency
Administrator and the Agency's other Divisions; periodically review and monitor the
Agency budget and make appropriate recommendations.
m) Supervise an Accounting Section and all daily general ledger accounting functions,
including, accounts payable, accounts receivable and payroll.
n) Supervise the Contracts Department
o )Manage and supervise a Graphics and Design Section that is responsible for the design
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and preparation of Agency marketing and promotional materials, audio-visual
presentations of Agency economic development and housing matters, and engineering
and design of certain Agency sponsored projects.
p)
Select, train and motivate Division staff; provide recommendations for guidelines and
procedures for the selection and training of personnel.
q)
Perform related work as required.
OUALIFICATIONS:
Knowledge of:
Current principles and practices of redevelopment agency accounting, investment
practices and public agency financial administration.
Laws and regulations related to the administration of the 20"/0 Low and Moderate-Income
Housing Fund.
Budget practices and budget planning and implementation.
Principles of personnel administration, supervision and training.
Ability to:
Supervise, train and evaluate professional and clerical staff.
Interpret applicable laws, rules and regulations.
Prepare and analyze financial reports, investment activity statements, County
Auditor-Controller tax increment disbursement statements, and related correspondence.
Communicate clearly and concisely, both verbally and in writing.
Establish and maintain effective working relationships with those contacted in the course
of work.
Mll\'lMUM EXPERIENCE AND TRAINING REOUIREMENTS:
The minimum combination of experience and training for this position is as follows:
Education:
A Bachelor's degree or equivalent from an accredited college or university with major
course work in economics, municipal finance, accounting, public administration or a
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closely related field.
Experience:
Six (6) years experience, including substantial managemeot responsibilities in local
government accounting, contract compliance and property tax analysis or equivalent
private sector experience.
Of said six (6) years total experience, at least two (2) years experience must be
demonstrated in direct supervision of subordinate persoMeI in some financial, contract
compliance or accounting situation.
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RESOLUTION NO.
A RESOLUTION 01' THB COJIKtlNITY DEVELOPMBII'1' COMMISSION 01'
THB CITY 01' SAN BBRNARDINO AMBNDING RBSOLUTION NO.
5280 PBRTAINING TO THB BSTABLISBKENT 01' COMPENSATION
LBVBLS AND SALARY RANGBS FOR EXPLOYBBS ENGAGBD IN
ACTIVITIBS FOR THB BCONOMIC DBVBLOPMENT AGENCY AND TO
INCLUDB THB DBLBTION AND THB ADDITION 01' CBRTAIN
POSITIONS IN THB BCONOMIC DBVBLOPMENT AGENCY.
WHBREAS, the City of San Bernardino (the "City") has
previously caused the restructurinq of its community Development
8 Department and community Development Commission of the City of
9 San Bernardino (the "commission") in order to promote the qoals
10 and activities of the community and economic development and
II redevelopment activities within the City; and
12
13
WHBREAS, in connection with the restructurinq of the
14 commission, the commission previously adopted its Resolution
15
No. 5280 pertaininq to establishinq compensation levels and salary
16 ranqes for Bconomic Development Aqency employees; and
17.
18
WHEREAS, the Commission deems it desirable at this time
19 to amend Resolution No. 5280 to include the deletion and the
20 addition of certain positions of the Bconomic Development Aqency.
21
22
NOW, THERBI'ORB, THB COMMUNITY DEVELOPMENT COMMISSION,
23 ACTING ON BEHALF OF THE RBDBVBLOPMENT AGENCY OF THE CITY 01'
24 SAN BERNARDINO,
25 FOLLOWS:
26
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28
DOES HERBBY RBSOLVE, DETERMINE AND ORDER AS
I ?
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1 section 1. Bxhibit "A" to Resolution No. 5280 shall be
C 2 amended to amend salary ranges as follows:
3
,I steps
Position A B C D E
a
6 K Director, Development Department 6400 6721 7057 7410 7780
I III
8 III
9 III
10 III
11 III
12 III
13 III
1,1 III
C 15 III
16 III
17 III
18 III
19 III
20 III
21 III
22 III
23 III
2-1 III
25 III
26 III
C 27 III
III
28
17
1
C 2
3
-4
a
6
,
8
9
10
11
12
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19
20
21
22
23
24
25
26
C 27
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A RESOLUTION OP THE COMKUNITY DEVELOPKBNT COMKISSION OP
THE CITY OP SAN BERNARDINO AMENDING RESOLUTION NO. 5280
PERTAINING TO THB BSTABLISBKENT OP COMPENSATION LBVBLS
AND SALDY RANGBS POR EMPLOYBBS ENGAGED IN ACTIVITIBS POR
THB ECONOMIC DEVBLOPMENT AGENCY TO INCLUDE THB DELETION
AND THE ADDITION OP CBRTAIN POSITIONS OP THE ECONOMIC
DBVBLOPMENT AGENCY.
section 3.
This Resolution shall take effect upon the date
of its adoption.
I HEREBY CERTIPY that the foregoing Resolution was duly
adopted by the community Development co.-ission of the City of
San Bernardino at a
meeting
hereof, held on tbe
day of
,
1994, by the following vote, to wit:
13 Commission Members:
14 KBGRBTE
CURLIN
15 HERNANDEZ
OBERHBLMAN
DEVLIN
16 POPE-LUDLAM
17 KILLER
BAn
ABSTAIN
ABSENT
AID
Secretary
The foregoing resolution is hereby approved this
of , 1994.
day
Tom Minor, Cbairman
Community Development Commission
of the City of San Bernardino
Approved as to form
and legal content:
By: ~~~
Agency nsel
SMM:pc:resl280
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11 STATB OP CALIPORHIA
21 COUNTY OP SAN BERNARDIIIO
I CITY OP SAN BBRHARDIIIO
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) ss
)
6
I, , Secretary of the CODlllluni ty
Development CODllllission of the City of San Bernardino, DO HERBBY
CERTIPY that the foregoing and attached copy of cODllllunity
Development Commission of the City of San Bernardino Resolution
110. is a full, true and correct copy of that now on file
in this office.
I
III WITNESS WBERBOP, I have hereunto set my hand and affixed
the official seal of the community Develop.ent commission of the
city of San Bernardino this ____ day of , 1994.
8
9
10
11
12
13
14
15
16
secretary of the
CoIIIIIIunity Development Commission
of the City of San Bernardino
Ii
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19
20
21
22
23
2-1
25
26
27
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RESOLUTION NO.
A RESOLUTION OP THE COHM1JJfl:TY DEVELOPMENT
COMMISSION OP THE CITY OP SAN BERNARDINO AMENDING
RESOLUTION NO. 5282 PERTAINING TO THB BSTABLISHMENT
OP THB ECONOMIC DBVBLOPMBNT AGENCY MANAGEMENT AND
CONPIDBNTIAL EMPLOYEE COMPENSATION BBNBI'ITS PLAN TO
INCLUDB THB DELBTION AND THB ADDITION OP CBRTAIN
POSITIONS OP THE ECONOMIC DBVBLOPJUDIT AGENCY.
WHERBAB, the city of San Bernardino (the "City") has
previously caused the restructurinq of its community Development
8
9 Department and community Development commission of the city of
San Bernardino (the "Commission") in order to promote the qoals and
10
11
activities of
the community and economic development and
redevelopment activities within the city; and
12
13
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WHEREAS, in connection with the restructurinq of the
Commission, the Commission previously adopted its Resolution
15
16 No. 5282 pertaininq to establishinq the Economic Development Aqency
Manaqement and Confidential Employee Compensation and Benefits
17
Plan; and
18
19
20
21 to amend
22 addition
23 III
24 III
25 III
26 III
C 27 III
III
28
WHERBAB, the Commission deems it desirable at this time
Resolution No. 5282 to include the deletion and the
of certain positions of the Econo.ic Development Aqency.
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I NOW, THERBFORB, THB COMMUNITY DEVELOPMENT COMMISSION, ACTING ON
2
BBJlALI' OF THB RBDEVBLOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,
3 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
.I
;) section 1. paqe 1 of Attacbment "A" to Resolution No. 5282
6 shall be amended as follows: Chanqe the list of Manaqement
, employees from "Executive Director, Development Department" to
S "Director, Development Department"; and chanqe from "Administrative
to "Director, Adaninistrativae services
9 Services Division Manaqer"
10 Division".
11 1/1
12 III
13 III
It 1/1
15 III
16 III
Ii III
IS III
19 III
20 III
21 III
22 /II
23 III
2.1 /II
25 III
26 /II
27 III
2S III
11
13 commission Members:
C It NEGRETE
15 CURLIN
HBRRANDEZ
16 OBBRHELHAR
DBVLIN
17 POPE-LUDLAM
MILLER
18
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19
20
21
22
23
24
25
26
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I A RESOLUTION OF THE COHMtJRITY DBVBLOPHDT COMKISSIOR OF THE CITY OF
2 SAR BBRRARDINO AlIBRDING RESOLUTION NO. 5282 PERTAINING TO THE
ESTABLISHHBRT OF THE ECONOMIC DEVELOPMENT AGBRCY HARAGBMBRT AND
CONFIDENTIAL EMPLOYEE COHPBR8ATION AND BENEFITS PLAN TO INCLUDE THE
3 DELETION AND THE ADDITION OF CERTAIN POSITIONS OF THB BCONOMIC
-I DEVBLOPMENT AGENCY.
-I
~ section 2. This Resolution shall take effect upon the date
6 of its adoption.
I
8
I HEREBY CERTIFY that the foregoing Resolution was duly
9 adopted by the cOlllllunity Development Commission of the city of
10 San Bernardino at a
II thereof, held on the
meeting
day of
,
12 1994, by the following vote, to wit:
AID
lIAD.
ABSTAIN ABSENT
secretary
The foregoing resolution is hereby approved this
, 1994.
day of
Tom Minor, Chairman
community Development commission
of the city of San Bernardino
Approved as to form
and legal content:
By: V;~
Agency sel
SMM:pc:resli282
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I I STATE OF CALIFORNIA )
I COUNTY OF SAN BBRRARDINO ) ss
21CITY OF SAN BERNARDINO )
31 I
I ,
~IDevelopment Commission of the
lCERTIFY that the foreqoinq
.IDevelopment commission of the
a'NO. is a full, true and
this offioe.
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, seoretary of the COllllluni ty
city of San Bernardino, DO HEREBY
and attaohed oopy of community
City of San Bernardino Resolution
oorreot oopy of that now on file in
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
i the offioial seal of the community Development Commission of the
8 city of San Bernardino this day of , 1994.
9
10
11
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13
14
15
16
17\
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21
22
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Seoretary of the
community Development commission
of the city of San Bernardino
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AMENDBD ATTACHIIBIlT "A"
3
Manaq..ent Employees
Aqency Administrator
4 Director, Develop.ent Departaent
Deputy Director, Develop.ent Department
5 Director, Administrative services Division
Housinq Division Manaqer
6 Office of Business Develop.ent Manaqer
Executive Director, Main street
7
8
Confidential Employees
Assistant to Aqency Administrator
9 Executive secretary to Aqency Administrator
staff Assistant
10 Administrative secretary
Human Resources Manaqer
11 Accountinq/Collections Officer
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
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CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MULTIFAMILY RENTAL
REHABILITATION PROGRAM
SEPTEMBER 13, 1994
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CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MULTIFAMILY RENTAL REHABILITATION PROGRAM
SEPTEMBER 13, 1994
Table of Contents
Pal!e
Independent Accountants' Report........ .......... ....... ..... ................ ................................... 1
Executive Summary. ...... ...... ..... .................................................................................... 3
Summary of Findings and Instances of Noncompliance ................................................. 4
Detailed Description of Findings and Instances of Noncompliance ................................ 6
Recommendations...................................................................................................... 11
Exhibits:
I
List of Participant Files Examined ................................................................... 12
II Formal Written Procedures for Granting Program Loans................................. 13
III Contents of Program Participant Loan Files.................................................... 16
IV Contractor Bid List ......................................................................................... 24
V Miscellaneous Items........................................................................................ 25
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~= ANDERSON, MALODY & SCOTI
CERTIFIED PUBLIC ACCOUNTANTS
;'ONALD L. ROGERS, C_P.A
OENNIS H. MALODY II, C.P.A
JACK C. SCOTT, C.P.A
JAY H. ZEACHER CPA
WilliAM E REINEKING' C,P,A
ROBERT S. MEMORY' C.P,A
THOMAS V. HESS: C,P.A
PHilLIP H. WALLER, C,P,A
To the Community Development Commission
City of San Bernardino Economic Development Agency
San Bernardino, California
TERRY p, SHEA. CoP_A
NANCY Q'RAFFERTY, C.P.A
CYNTHIA L. SAKS, C_PA
BRIAN W. TOMPKINS, C,P,A.
UNDA M. HERNANDEZ C,P,A
BRENDA L. COLE: C.P,A
LEENA SHANBHAG, C.P_A.
LINDA L. WOODRUFF, C,P.A
LORI ANN KUNTZ, C.P,A.
KATHLEEN l. OEVALK CP,A
RICHARO A. LOCKWOOD: CPA
INDEPENDENT ACCOUNTANfS' REpORT
At your request, we have applied the procedures enumerated below with respect to the
management controls and procedures with regard to the City of San Bernardino Economic
Development Agency's (the Agency) Multifamily Rental Rehabilitation Program (the
Program) as of September 13, 1994. It is understood that this report is solely for your
information and is not to be referred to for any purpose or distributed to anyone who is
not a member of the Community Development Commission or management of the
Agency. Our procedures are explained below.
We have analyzed all relevant staff procedures, both written and informal, regarding:
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a. The selection and review of prospective participants in the Program.
b. The contents of Program participant loan files.
c. Verification of the draw requests and disbursement procedures.
d. Verification as to costs of improvements funded with Agency loans.
e. The management controls in effect for the Housing Department for insuring
compliance with Agency adopted goals and objectives and requirements of the
Community Redevelopment Law.
We have also analyzed all available information contained in the Housing Department files
for Agency loans granted to the following Program participants from all funding sources.
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a. Hector and Marisela Labastida
b. John G. Brown
c. Clyde Thompson, Sr. and Jr.
d. Jesse and Eunice Thompson
e. Munawar Ahmed
f. Daniel and Phyllis Hale
g. Alexandro Espinoza
h. Hector and Maria Vizcarra
1. Richard and Geraldine Kater
J. Toby Bryant
k. Joseph and Paula Martin
1. William H. Cooper
MEMBERS
AMERICAN INSTITUTE OF
CERTIFIED PUBLIC ACCOUNTANTS
PRIVATE COMPANIES PRACTICE SECTION
OF THE DIVISION FOR CPA FIRMS
CAL1FOrlNIA SOCIETY OF
1
VANIR TOWER. 290 NORTH "0" STREET' SUITE 300 ,,-,
SAN BERNARDINO. CA 92401 r I
(anal RRa.nR7f . (anal R?4.1':7.'U; . ~A){ IQI1.QJ RRQ.',.1fi1 .
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m. Dean and Joyce Clark
n. Lee Turner
Because the procedures noted above do not constitute an audit made in accordance with
generally accepted auditing standards, we do not express an opinion on any of the items
referred to above. In connection with the procedures referred to above, we noted certain
findings and instances of noncompliance which are identified in the accompanying
Summary of Findings and Instances of Noncompliance and Detailed Description of
Findings and Instances of Noncompliance.
This report relates only to the items specified above and does not extend to any financial
statements of the City of San Bernardino Economic Development Agency taken as a
whole.
September 29, 1994
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CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MULTIFAMILY RENTAL REHABILITATION PROGRAM
EXECUTIVE SUMMARY
SEPTEMBER 13, 1994
During our analysis of the City of San Bernardino Economic Development Agency's (the
Agency) Multifamily Rental Rehabilitation Program (the Program), we noted the
folIowing:
* The same property owners received more than one loan on numerous occasions.
* Construction contractors were not selected using competitive bidding procedures.
* 55% of the total dollars loaned were for projects that used Barrow Construction
as the construction contractor.
* Invoices submitted by Barrow Construction for rehabilitation work performed
were inadequate.
* All loans were "maxed out"; that is, no projects were completed for an amount less
than the contractors' estimates.
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* Some projects even needed additional funding, oftentimes from different funding
sources.
* The Agency had no established authority for approving loans.
* The Agency's Independent Contract ConsultantlInspector processed invoices for
payment before the construction work being billed was completed.
* The Agency loaned money to the owners of Barrow Construction to rehabilitate a
rental unit, and then agreed to purchase the property back from them.
* HUD looked at two Program files during its monitoring visit dated May 12, 1994, and
noted no problems. We noted that one file (participant File Number 8) looked at did
not include a loan application, a copy of the promissory note or evidence of
competitive bidding procedures. The other (Participant File Number 20) included
the required documents. HUD's monitoring visit should have detected problems
based on Participant File Number 8.
* Mr. Oliver Moore, Housing Rehabilitation Coordinator, seems to have had an
apparent conflict of interest with Barrow Construction.
C * The Agency does not have adequate formal written procedures for the Program.
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CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MULTIFAMILY RENTAL REHABILITATION PROGRAM
SUMMARY OF FINDINGS AND INSTANCES OF NONCOMPLIANCE
SEPTEMBER 13, 1994
The following is a summary of the findings and instances of noncompliance that were
noted during our analysis of the management controls and procedures of the City of San
Bernardino Economic Development Agency's (the Agency) Multifamily Rental
Rehabilitation Program (the Program).
Selection and Review of Prospective Participants in the Program
1. The Agency does not have formal written procedures for making the residents of the
community aware of the Program loans. As a result, residents of the community who
are aware of the Program have an unfair advantage over those who are not.
2. The Agency does not have formal written procedures for determining the source( s) of
funding for the Program loans. As a result, monitoring the loans is made more difficult
because of the numerous funding sources utilized for the loans.
3. The Agency does not have formal written procedures limiting the number of loans
granted to Program participants. As a result, numerous loans have been granted to the
same Program participants.
4. The Agency does not have formal written procedures limiting the number of contracts
to be granted to construction contractors. As a result, over one half of the total dollar
amount of loans made were for projects where the same construction contractor was
used.
Contents of Program Participant Loan Files
5. The Agency does not have formal written procedures indicating the documents to be
included in the Program loan files. As a result, loan files do not always contain the
necessary documents.
Draw Requests and Disbursements Procedures
6. The Agency does not have formal written procedures for preparing and reviewing
draw requests. As a result, the Agency is not fully aware of the status of funds
available at a given time.
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CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MULTIFAMILY RENTAL REHABILITATION PROGRAM
SUMMARY OF FINDINGS AND INSTANCES OF NONCOMPLIANCE
SEPTEMBER 13, 1994
Draw Reauests and Disbursements Procedures (Continued)
7. The Agency does not have formal written procedures for disbursing funds to the
construction contractors. As a result, the Agency is not fully aware of the statu~ of the
construction for the projects at a given time.
Costs oflmorovements
8. The Agency does not have formal written procedures for verifYing costs of
improvements funded with Program loans. As a result, the Agency could have been
paying the construction contractors for work that was either not completed or
completed in an unsatisfactory manner.
C Management Controls
9. The Agency is not following its formal written procedures for selecting construction
contractors used for rehabilitation. As a result, the Agency is not in compliance with
Federal regulations for some of the Program loans made with Federal funds.
Furthermore, the Agency's formal written procedures are inadequate.
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CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MUL TIF AMIL y RENTAL REHABILITATION PROGRAM
DETAILED LISTING OF FINDINGS AND INSTANCEs OF NONCOMPLIANCE
SEPTEMBER 13, 1994
The following is a detailed listing of the findings and instances of noncompliance that were
noted during our analysis of the management controls and procedures of the City of San
Bernardino Economic Development Agency's (the Agency) Multifamily Rental
Rehabilitation Program (the Program).
Selection and Review of Prospective Particioants in the Program
1. The Agency does not have formal written procedures for making the residents of the
community aware of the Program loans. Based on our discussions with Agency
personnel, residents of the community are made aware of the Program if they have
been told that the Program exists by another resident, or if they happen to learn about
it by talking with Agency personnel. This provides those who know of the Program's
existence an unfair advantage over those who are unaware of it.
2. The Agency does not have formal written procedures for determining the source( s) of
funding for the Program loans. Many of the Program participant loans were made
from more than one funding source (i.e., CDBG and HOME Program, Low- and
Moderate-income Housing Fund and CDBG, etcetera). As a result, more Agency
personnel time must be devoted to ensure compliance with the different funding source
requirements.
3. The Agency does not have formal written procedures limiting the number of loans
granted to Program participants. Many of the loans were made to the same Program
participants. This obviously reduces the amount of residents in the community who
can participate in the Program.
4. The Agency does not have formal written procedures limiting the number of contracts
to be granted to construction contractors. That is, it appears that construction
contractors are not being selected on an equitable basis. This results in the appearance
that the Agency favors one contractor on the approved contractor list over all of the
others. (See Contractor Bid List at EXHIBIT IV.)
Contents ofPro~ram Participant Loan Files
5. The Agency does not have formal written procedures indicating the documents to be
included in the Program loan files. This resulted in numerous Program participant loan
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CITY OF SAN BERNARDINO .
ECONOMIC DEVELOPMENT AGENCY
MULm AMIL Y RENTAL REHABILITATION PROGRAM
DETAILED LISTING OF FINDINGS AND INSTANCES OF NONCOMPLIANCE
SEPlEMBER 13, 1994
Contents of Program Participant Loan Files (Continued)
files not having the necessary documents included in them. The following indicates the
Participant File numbers and the documents not included in the respective loan flies.
a. Participant File Number 8 did not include a Property Improvement Program Loan
Application form.
b. Participant File Number 8 did not include a copy of the Promissory Note.
c. Participant Files Number 2 and 22 were required to have a Request for Fund
Reservation form signed by Mr. Kenneth Henderson and Mr. David Edgar, but did
not.
d. Participant File Number 3 did not include an Information Disclosure Authorization
form.
e. Participant Files Number 4, 17 and 29 did not include a Mortgage Verification
form.
f. Participant Files Number 11 and 19 did not include copies of the participants' tax
returns. However, copies of the participants' tax returns were included in
Participant Files Number 10 and 18, respectively.
g. Participant Files Number 3 and 9 did not include an Affordable Housing Covenants
and Restrictions form.
h. Participant Files Number 1 through 22, 24 through 26, 30 and 31 did not include
either evidence of a competitive bid, an Agreement to Waive Competitive Bid
Selection Process for Rehabilitation Contractor form, or a memo requesting a
negotiated bid.
I. Participant File Number 28 did not include a Checklist of Application Statutes and
Regulations form.
J. Participant File Number 27 did not include a cost estimate by the Agency.
k. None of the Participant files included pictures of the rehabilitated property.
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CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MULTIFAMILY RENTAL REHABILITATION PROGRAM
DETAILED LISTING OF FINDINGS AND INSTANcEs OF NONCOMPLIANCE
SEPTEMBER 13, 1994
Contents of Program Participant Loan Files (Continued)
1. Participant Files Number 1 through 3, 5 through 26, 28, 30 and 31 (28 files) did
not include copies of any construction contractor invoices supporting the payments
made. Participant Files Number 27 and 29 included copies of the construction
contractor invoices supporting the payments made, but the total amount of the
invoices was less than the amount of the contract as set forth in the Agreement for
Rehabilitation form or the final approved Change Order form.
m. Participant Files Number 1 through 3, 5 through 21, 24 through 26, 28, 30 and 31
(26 files) did not include copies of any checks written to the construction
contractors. Participant Files Number 22, 23, 27 and 29 included copies of checks
written to the construction contractors, but the total amount of the checks was less
than the amount of the contract as set forth in the Agreement for Rehabilitation
form or the final approved Change Order form.
Note: See List of Participant Files Examined at EXHIBIT I and Contents of Program
Participant Loan Files at EXHIBIT III.
Draw Reouests and Disbursements Procedures
6. The Agency does not have formal written procedures for preparing and reviewing
draw requests (HOME Program). The Program has two accounts established with the
Department of Housing and Urban Development from which funds may be drawn.
The Agency draws down funds from the "Administration" account, and United States
Escrow draws down funds from the "Program" account. As a result of not having
formal written procedures, the Agency was not sure what types of authorizations were
required for drawing down funds. This also resulted in the Agency's being uncertain
as to the exact amount that had been drawn down for each of the escrow accounts
maintained by United States Escrow for each program loan.
7. The Agency does not have formal written procedures for disbursing funds to the
construction contractors (all funding sources for the Program). The informal
procedure required the contractor to submit the invoice to the Agency after a portion
of the work was completed. The Agency's Independent Contract
Consultant/Inspector (the Inspector) along with the contractor and the Program
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CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MULTIFAMILY RENTAL REHABILITATION PROGRAM
DETAILED LISTING OF FINDINGS AND INSTANCES OF NONCOMPLIANCE
SEPTEMBER 13, 1994
Draw Requests and Disbursements Procedures (Continued)
participant would then inspect the work performed (approval was indicated with each
of the three parties signing the invoice). The Inspector would submit the invoice with
the appropriate request for payment form to Accounting. The processed check and
invoice payment stub would be returned to the Inspector and the contractor would
come to the Agency office and pick up the check. This procedure resulted in the
Inspector's receiving and processing some invoices prior to the construction being
performed; that is, each of the three parties signed the invoices before the work being
billed was completed.
Costs ofImprovements
8. The Agency does not have formal written procedures for verifying costs of
improvements funded with Program loans. As mentioned above, very few loan files
included copies of invoices from the construction contractors and copies of checks to
the construction contractors. The Agency was required to rely on United States
Escrow statements for HOME Program funded loans to determine actual
disbursements made from each escrow account for each Program loan. For loans
made from other funding sources, check copies and invoices were retained in
Accounting. Finally, though there are photographs of the "pre-rehabilitated"
properties in the appraisal reports, there are no photographs of the completed
properties included in the loan files.
Management Controls
9. The Agency is not following its formal written procedures for selecting construction
contractors used for rehabilitation. The Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments (24 CFR
Section 85.36), also known as the "Common Rule," require construction contractors
to be selected using formal competitive bidding procedures when the Agency selects
the contractors for loans funded with Federal monies. This would not be required
when the loans were made to Program participants who were also the construction
contractors. In the cases where the participants were not the contractors, the loan files
rarely included evidence of competitive bidding procedures (1 in 26 files examined), an
Agreement to Waive Competitive Bid Selection Process for Rehabilitation Contractor
9
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CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MUL TIF AMIL y RENTAL REHABILITATION PROGRAM
DETAILED LISTING OF FINDINGS AND INSTANCES OF NONCOMPLIANCE
SEPTEMBER 13, 1994
Management Controls (Continued)
form (2 in 26 files examined) or a memo requesting a negotiated bid (1 in 26 files
examined). This does not provide sufficient evidence that the Program participant
selected the contractor, nor that the Agency conducted competitive bids. Two
Program participants interviewed indicated that the Agency selected the construction
contractor, and neither of these files included evidence of competitive bids.
24 CFR Section 85.36(b)(3) states, in part, "No employees of [the Agency] shall
participate in selection, or in the reward or administration of a contract supported by
Federal funds if a conflict of interest, real or apparent, would be involved." It is not
known whether Mr. Oliver Moore, Housing Rehabilitation Coordinator, has a conflict
of interest with Barrow Construction, but it does appear that Mr. Moore was involved
in selecting Barrow Construction/Clyde Thompson, Sr. and Jr., in a manner that
seemed to favor Barrow Construction/Clyde Thompson, Sr. and Jr., over other
construction contractors.
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CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MULTIF AMll.. Y RENTAL REHABll.ITATlON PROGRAM
RECOMMENDATIONS
SEPTEMBER 13, 1994
The following are our recommendations that will assist the Agency in operating the
Program in a more efficient manner and ensuring compliance with Agency goals and
Federal requirements.
I. The Agency needs to prepare formal written procedures for the Program including,
but not limited to, the following.
a.
b.
c.
d.
e.
C f.
g.
A marketing strategy to "advertise" the Program to residents in the community.
A system for determining funding sources to be used for the loans.
A system for limiting the number of loans a Program participant is allowed to be
granted without Community Development Commission approval.
A system for ensuring that construction contracts are distributed to numerous
contractors.
A checklist that will be included in every loan file that will indicate the necessary
documents to be included in the file.
A system indicating what the Agency must do, what United States Escrow must
do, and what documents/authorizations are required for drawing down HOME
Program funds.
A system indicating what the Agency must do, what United States Escrow must
do (for the HOME Program loans), and what documents/authorizations are
required for making payments to construction contractors.
h. A system for ensuring that improvements set forth in the construction contractor's
cost estimate were necessary and actually performed.
I. A checklist indicating the different requirements of different funding sources (i.e.,
CDBG, HOME Program, etcetera).
J. A system for ensuring that Agency employees involved in the selection of
construction contractors have no real or apparent conflicts of interest with the
construction contractors selected.
2. The Agency needs to designate one employee who will stay "up to date" on the status
of the HOME Program loans and applicable Federal requirements.
3. The Agency needs to include documentation in the Program participant loan files that
support that a competitive bidding process was utilized and that the Program
participant selected the construction contractor, that the Program participant waived
the competitive bidding process, or that the Agency actually selected the contractor
and utilized a competitive bidding process.
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EXHIBIT I
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"-
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MULTIFAMILY RENTAL REHABILITATION PROGRAM
LIST OF PARTICIPANT FILES EXAMINED
SEPTEMBER 13, 1994
PARTICIPANT FILE PARTICIPANT PROPERTY ADDRESS
Number 1 Labastida, Hector and Marisela 2005 McKinley Street
Number 2 Labastida, Hector and Marisela 2281 E. 20th Street
Number 3 Brown, John G. 272-280 West 8th Street
Number 4 Thompson, Clyde Sr. and Jr. 2141 Dumbarton Avenue
Number 5 Thompson, Jesse and Eunice 2168 Sunrise Lane
Number 6 Thompson, Jesse and Eunice 2156 Sunrise Lane
Number 7 Thompson, Jesse and Eunice 2142 Sunrise Lane
Number 8 Thompson, Jesse and Eunice 2116 Sunrise Lane
Number 9 Thompson, Jesse and Eunice 2130 Sunrise Lane
Number 10 Ahmed, Munawar 2331 20th Street
.......- Number 11 Ahmed, Munawar 2251 20th Street
\,.... Number 12 Hale, Daniel and Phyllis 2095 Dumbarton Avenue
Number 13 Hale, Daniel and Phyllis 2141 Newcomb Street
Number 14 Hale, Daniel and Phyllis 2291 E. 20th Street
Number 15 Hale, Daniel and Phyllis 2371 E. 20th Street
Number 16 Hale, Daniel and Phyllis 2029 Dumbarton Avenue
Number 17 Espinoza, Alexandro 209 E. 4th Street
Number 18 Espinoza, Alexandro 213 E. 4th Street
Number 19 Espinoza, Alexandro 201 E. 4th Street
Number 20 Vizcarra, Hector and Maria 2095 McKinley Street
Number 21 Vizcarra, Hector and Maria 2255 E. Sunrise Lane
Number 22 Kater, Richard and Geraldine 1447-1461 N. Wall Avenue
Number 23 Kater, Richard and Geraldine 1427-1443 N. Wall Avenue
Number 24 Bryant, Toby 2051 McKinley Street
Number 25 Bryant, Toby 2029 McKinley Street
Number 26 Bryant, Toby 2311 E. 20th Street
Number 27 Martin, Joseph and Paula 1414-1446 E. Citrus
Number 28 Cooper, William H. 488 W. 17th Street
Number 29 Clark, Dean and Joyce 1238-1254 N. Sierra Way
C Number 30 Turner, Lee 2051 N. Guthrie Street
Number 31 Turner, Lee 2005 N. Guthrie Street
12
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EXHIBIT II
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CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MULTIFAMILY RENTAL REHABILITATION PROGRAM
FORMAL WRTITEN PROCEDURES FOR GRANTING PROGRAM LOANS
SEPTEMBER 13, 1994
STEP 1.
Preliminary (Walk-in or Scheduled Aooointments)
a. Explain Program to prospective Program participant.
b. Determine loan type.
c. Provide application/checklist of documents that must be attached.
d. Schedule return appointment.
e. Appointments may also be scheduled by mailing out checklist/appointment
letter/applicable application.
STEP 2.
C. Schedule Return Aooointment
a. Review application for completeness or complete application at scheduled return
appointment.
b. Review and photocopy applicable checklist documents.
c. Advise prospective Program participant of final qualification review (i.e. lot book
report, appraisal, termite inspection, TRW, letter of notification regarding waiting
list status).
STEP 3.
Qualification Review
a. Lot book report/preliminary title report.
b. TRW.
c. Termite inspection.
d. Appraisal.
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EXHIBIT II
o
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MULTIFAMILY RENTAL REHABILITATION PROGRAM
FORMAL WRITIEN PROCEDURES FOR GRANTING PROGRAM LOANS
SEPTEMBER 13, 1994
STEP 4.
Write-uo/Insoection
a. Assign Senior Rehabilitation Specialist.
b. Schedule inspection.
c. Conduct property inspection.
d. Write-up/Inspection/Cost Estimate.
STEP 5.
Review Work Write-uos
c
a. Schedule in-house appointment with prospective Program participant.
b. Review work write-up/cost estimate/additions or deletions.
c. Schedule bid walk-through date with prospective Program participant.
STEP 6.
Bids
a. Mail to contractors, minimum of three (3), pre-bid information, date of walk-
through, return date, and wok write-up. The contractors may be telephoned and
given a date and time to pick up bid packet(s). The three (3) bid process may be
waived, subject to owner approval.
STEP 7.
Review of Bids
a.
b.
0 c.
d.
e.
Review bids with prospective Program participant.
Prospective Program participant selection of contractor.
Verify contractor's license and expiration date.
Certificate of contractor insurance (i.e., liability and workers' compensation).
City business tax license.
14
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EXHIBIT III
Ie
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MULTIF A.MIL y RENTAL REHABILITATION PROGRAM
CONTENTS OF PROGRAM P ARTICll'ANT LOAN FILES
SEPTEMBER 13, 1994
Amount of Number
Client File Propertv Address Loan of Units Status of Units
Labastida, Hector and Marisela 2005 McKinley $ 86,700 4 Vacant
Labastida, Hector and Marisela 2281 E. 20th Street $ 73,300 4 Vacant
Brown, John G. 272-280 West 8th Street $ 530,000 32 Partially Occupied
Thompson, Clyde Sr. and Jr. 2141 Dumbarton Ave. $ 116,700 4 Vacant
Thompson, Jesse and Eunice 2168 Sunrise Lane $ 68,500 4 Vacant
Thompson, Jesse and Eunice 2156 Sunrise Lane $ 68,500 4 Vacant
Thompson, Jesse and Eunice 2142 Sunrise Lane $ 68,500 4 Vacant
Thompson, Jesse and Eunice 2116 Sunrise Lane $ 68,500 4 Vacant
Thompson, Jesse and Eunice 2130 Sunrise Lane $ 68,500 4 Vacant
Ahmed, Munawar 2331 20th Street $ 88,550 4 Vacant
Ced, Munawar 2251 20th Street $ 96,450 4 Vacant
., Daniel and Phyllis 2095 Dumbarton Ave. $ 95,515 4 Vacant
Hale, Daniel and Phyllis 2141 Newcomb Street $ 132,729 4 Vacant
Hale, Daniel and Phyllis 2291 E. 20th Street $ 91,628 4 Vacant
Hale, Daniel and Phyllis 2371 E. 20th Street $ 94,973 4 Vacant
Hale, Daniel and Phyllis 2029 Dumbarton Ave. $ 56,100 4 Vacant
Espinoza, Alexandro 209 E. 4th Street $ 57,300 4 Vacant
Espinoza, Alexandro 213 E. 4th Street $ 55,700 4 Vacant
Espinoza, Alexandro 201 E. 4th Street $ 61,350 4 Vacant
Vizcarra, Hector and Maria 2095 McKinley Street $ 94,500 4 Vacant
Vizcarra, Hector and Maria 2255 E. Sunrise Lane $ 66,700 4 Vacant
Kater, Richard and Geraldine 1447-1461 N. Wall Ave. $ 202,500 8 Occupied
Kater, Richard and Geraldine 1427-1443 N. Wall Ave. $ 380,026 10 Partially Occupied
Bryant, Toby 2051 McKinley Street $ 60,000 4 Partially Occupied
Bryant, Toby 2029 McKinley Street $ 60,000 4 Partially Occupied
Bryant, Toby 2311 E. 20th Street $ 60,000 4 Occupied
Martin, Joseph and Paula 1414-1446 E. Citrus $ 260,000 36 Partially Occupied
Cooper, William H. 488 W. 17th Street $ 650,000 42 Occupied
Clark, Dean and Joyce 1238-1254 N. Sierra Way $ 160,000 9 Occupied
Turner, Lee 2051 N. Guthrie Street $ 97,920 4 Vacant
Turner, Lee 2005 N. Guthrie Street $ 99 450 4 Vacant
C T ota! all projects $ 4.170.591
16
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Client File
Labastida, Hector and Marisela
Labastida, Hector and Marisela
Brown, John G.
Thompson, Clyde Sr. and Jr.
Thompson, Jesse and Eunice
Thompson, Jesse and Eunice
Thompson, Jesse and Eunice
Thompson, Jesse and Eunice
Thompson, Jesse and Eunice
Aluned, Munawar
~ed, Munawar
. " Daniel and Phyllis
e, Daniel and Phyllis
Hale, Daniel and Phyllis
Hale, Daniel and Phyllis
Hale, Daniel and Phyllis
Espinoza, Alexandro
Espinoza, Alexandro
Espinoza, Alexandro
Vizcarra, Hector and Maria
Vizcarra, Hector and Maria
Kater, Richard and Geraldine
Kater, Richard and Geraldine
Bryant, Toby
Bryant, Toby
Bryant, Toby
Martin, Joseph and Paula
Cooper, William H.
Clark, Dean and Joyce
Turner, Lee
Turner, Lee
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CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MUL TIF AMIL Y RENTAL REHABILITATION PROGRAM
CONTENTS OF PROGRAM PARTICIPANT LOAN FILES
SEPTEMBER 13, 1994
Date Property
Purchased
06-18-93
03-30-93
02-19-93
10-11-93
06-14-93
06-14-93
06-14-93
06-14-93
06-14-93
07-04-92
02-17-93
12-02-92
12-02-92
12-02-92
12-02-92
12-02-92
12-03-92
12-03-92
05-20-93
12-09-93
07-21-93
04-16-90
04-16-90
07-01-92
07-01-92
07-01-92
10-16-93
06-xx-93
09-01-92
04-16-94
04-16-94
Date of Loan
ADolication
06-25-93
04-15-93
06-19-93
10-13-93
07-14-93
07-14-93
07-14-93
NONE
07-14-93
03-04-93
06-15-93
01-01-93
01-01-93
01-01-93
01-01-93
01-01-93
12-03-92
12-03-92
05-06-93
01-09-94
06-08-93
04-04-93
04-04-93
06-26-93
06-26-93
06-26-93
01-16-93
06-28-94
03-18-93
04-16-94
04-16-94
17
Proiect Number
061309L7392
041230L7392
061314D9730
101362L5729
0663300005
0663300008
0663300007
0663300006
0663300009
9002000044
061303L9831
01l217L3636
121212L3636
011216L3636
011213L3636
01l218L3636
121222L9777
121221L9777
061302L9777
011385L2463
061326L2463
0663300002
0663300014
061330L6253
061304L6253
061332L6253
0663300001
061411L5745
0663300003
041405H4826
041404H4826
EXHIBIT III
Source of Loan Funds
CDBG
CDBG
CDBG/20% Set-aside
20% Set-aside
HOME, CDBG
HOME, CDBG
HOME, CDBG
HOME, CDBG
HOME, CDBG
Rental Rehab, CDBG
CDBG
CDBG
CDBG
CDBG, 20% Set-aside
CDBG, 20% Set-aside
CDBG, 20% Set-aside
Rental Rehab, CDBG
Rental Rehab, CDBG
Rental Rehab, CDBG
CDBG
CDBG
CDBG, 20% Set-aside, HOME
HOME
HOME, CDBG
HOME, CDBG
HOME, CDBG
HOME
20% Set-aside
HOME
HOME
HOME
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Client File
Labastida, Hector and Marisela
Labastida, Hector and Marisela
Brown, John G.
Thompson, Clyde Sr. and Jr.
Thompson, Jesse and Eunice
Thompson, Jesse and Eunice
Thompson, Jesse and Eunice
Thompson, Jesse and Eunice
Thompson, Jesse and Eunice
Ahmed, Munawar
~ed, Munawar
~, Daniel and Phyllis
. ale, Daniel and Phyllis
Hale, Daniel and Phyllis
Hale, Daniel and Phyllis
Hale, Daniel and Phyllis
Espinoza, A1exandro
Espinoza, A1exandro
Espinoza, A1exandro
Vizcarra, Hector and Maria
Vizcarra, Hector and Maria
Kater, Richard and Geraldine
Kater, Richard and Geraldine
Bryant, Toby
Bryant, Toby
Bryant, Toby
Martin, Joseph and Paula
Cooper, William H.
Clark, Dean and Joyce
Turner, Lee
Turner, Lee
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CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MULTIFAMILY RENTAL REHABILITATION PROGRAM
CONTENTS OF PROGRAM PARTICIPANT LOAN FILES
SEPTEMBER 13, 1994
Type of Loan
Limited Deferred
Limited Deferred
Limited Det7 Amortized
Limited Deferred
Lim Det7Self Liquid straight
Lim Det7Self Liquid straight
Lim Det7Self Liquid straight
Lim Det7Self Liquid straight
Lim Det7Self Liquid straight
Limited Deferred
Limited Deferred
Limited Deferred
Limited Deferred
Limited Deferred
Limited Deferred
Limited Deferred
Limited Deferred
Limited Deferred
Limited Deferred
Limited Deferred
Limited Deferred
Limited Deferred
Self Liquid Straight
Lim Det7Self Liquid straight
Lim Det7Self Liquid straight
Lim Det7Self Liquid straight
Self Liquid Straight
Limited Deferred
Self Liquid Straight
Self Liquid Straight
Self Liquid Straight
Construction Comoanv
Vizcarra
Vizcarra
Barrow
Barrow (Thompson)
Wilcox
Wilcox
Wilcox
Wilcox
Wilcox
Barrow
Barrow
Remmel, BohnlJensen
Remmel, BohnlJensen
Remmel, BohnlJensen
Remmel, BohnlJensen
Remmel, BohnlJensen
Sierra Home Remodeling
Sierra Home Remodeling
Sierra Home Remodeling
Vizcarra
Vizcarra
Barrow
Barrow
A&A Invest Contractors
A&A Invest Contractors
A&A Invest Contractors
Barrow
Barrow
Barrow
Westworld (Turner)
Westworld (Turner)
<;: Indicates attribute tested was satisfied and/or document was examined.
18
EXIDBIT III
Loan
Apolication
X
X
X
X
X
X
X
NO
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Tenant
Information
Sheets
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
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EXHIBIT III
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CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MULTIFAMll. Y RENTAL REHABILITATION PROGRAM
CONTENTS OF PROGRAM PARTICIPANT LOAN FILES
SEPTEMBER 13, 1994
Displaced Request for Infonnation
Promissory tenants given Fund Disclosure
Client File Note(s) prQper notices? Reservation Credit Report Authorization
Labastida, Hector and Marisela X N/A X X X
Labastida, Hector and Marisela X N/A NO X X
Brown, John G. X N/A X X NO
Thompson, Clyde Sr. and Jr. X N/A X X X
Thompson, Jesse and Eunice X N/A X X X
Thompson, Jesse and Eunice X N/A X X X
Thompson, Jesse and Eunice X N/A X X X
Thompson, Jesse and Eunice NO N/A X X X
Thompson, Jesse and Eunice X N/A X X X
Ahmed, Munawar X N/A X X X
Ced, Munawar X N/A X X X
. ., Daniel and Phyllis X N/A X X X
Hale, Daniel and Phyllis X N/A X X X
Hale, Daniel and Phyllis X N/A X X X
Hale, Daniel and Phyllis X N/A X X X
Hale, Daniel and Phyllis X N/A X X X
Espinoza, Alexandro X N/A X X X
Espinoza, Alexandro X N/A X X X
Espinoza, Alexandro X N/A X X X
Vizcarra, Hector and Maria X N/A X X X
Vizcarra, Hector and Maria X N/A X X X
Kater, Richard and Geraldine X X NO X X
Kater, Richard and Geraldine X N/A N/A X X
Bryant, Toby X N/A X X X
Bryant, Toby X N/A X X X
Bryant, Toby X N/A X X X
Martin, Joseph and Paula X N/A N/A X X
Cooper, William H. X N/A X X X
Clark, Dean and Joyce X N/A N/A X X
Turner, Lee X N/A N/A X X
Turner, Lee X N/A N/A X X
C
X: Indicates attribute tested was satisfied and/or document was examined.
19
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EXHIBIT III
CITY OF SAN BERNARDINO
C ECONOMIC DEVELOPMENT AGENCY
MULTIFAMILY RENTAL REHABILITATION PROGRAM
CONTENTS OF PROGRAM PARTICIPANT LOAN FILES
SEPTEMBER 13, 1994
Affordable
Deed of Housing
Mortgage Trust/Grant Covenants and
Client File V erification Tax Returns Title Policy Deed R-estrictions
Labastida, Hector and Marisela X X X X X
Labastida, Hector and Marisela X X X X X
Brown, John G. X X X X NO
Thompson, Clyde Sr. and Jr. NO X X X X
Thompson, Jesse and Eunice X X X X X
Thompson, Jesse and Eunice X X X X X
Thompson, Jesse and Eunice X X X X X
Thompson, Jesse and Eunice X X X X X
Thompson, Jesse and Eunice X X X X NO
Ahmed, Munawar X X X X X
eed, Munawar X NO X X X
" Daniel and PhyIlis X X X X X
Hale, Daniel and PhyIlis X X X X X
Hale, Daniel and Phyllis X X X X X
Hale, Daniel and PhyIlis X X X X X
Hale, Daniel and PhyIlis X X X X X
Espinoza, Alexandro NO X X X X
Espinoza, Alexandro X X X X X
Espinoza, Alexandro X NO X X X
Vizcarra, Hector and Maria X X X X X
Vizcarra, Hector and Maria X X X X X
Kater, Richard and Geraldine X X X X X
Kater, Richard and Geraldine X X X X X
Bryant, Toby X X X X X
Bryant, Toby X X X X X
Bryant, Toby X X X X X
Martin, Joseph and Paula X X X X X
Cooper, William H. X X X X X
Clark, Dean and Joyce NO X X X X
Turner, Lee X X X X X
Turner, Lee X X X X X
C
X: Indicates attribute tested was satisfied and/or document was examined.
20
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EXHIBIT III
CITY OF SAN BERNARDINO
C ECONOMIC DEVELOPMENT AGENCY
MULTIF AMlL Y RENTAL REHABILITATION PROGRAM
CONTENTS OF PROGRAM PARTICIPANT LOAN FILES
SEPTEMBER 13, 1994
Truth in Change
Lending Order(s)
Disclosure Appraisal Notice of approved by Description of
Client File Statement Reoort Completion David Edl!:ar Work Required
Labastida, Hector and Marisela X X X N/A X
Labastida, Hector and Marisela X X X X X
Brown, John G. X X X X X
Thompson, Clyde Sr. and Jr. X X X X X
Thompson, Jesse and Eunice X X X X X
Thompson, Jesse and Eunice X X X X X
Thompson, Jesse and Eunice X X X X X
Thompson, Jesse and Eunice X X X X X
Thompson, Jesse and Eunice X X X X X
Ahmed, Munawar X X X X X
~ed, Munawar X X X X X
,,-., Daniel and Phyllis X X N/A X X
Hale, Daniel and Phyllis X X X X X
Hale, Daniel and Phyllis X X X X X
Hale, Daniel and Phyllis X X X X X
Hale, Daniel and Phyllis X X N/A X X
Espinoza, A1exandro X X X X X
Espinoza, A1exandro X X X X X
Espinoza, A1exandro X X X X X
Vizcarra, Hector and Maria X X N/A N/A X
Vizcarra, Hector and Maria X X X X X
Kater, Richard and Geraldine X X X N/A X
Kater, Richard and Geraldine X X X X X
Bryant, Toby X X X X X
Bryant, Toby X X X X X
Bryant, Toby X X X X X
Martin, Joseph and Paula X X X X X
Cooper, William H. X X N/A N/A X
Clark, Dean and Joyce X X X X X
Turner, Lee X X N/A N/A X
Turner, Lee X X N/A N/A X
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\-
X: Indicates attribute tested was satisfied and/or document was examined.
21
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{
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0 0
EXlllBIT III
CITY OF SAN BERNARDINO
C ECONOMIC DEVELOPMENT AGENCY
MULTIFAMll.. Y RENTAL REHABILITATION PROGRAM
CONTENTS OF PROGRAM PARTICIPANT LOAN FILES
SEPTEMBER 13, 1994
Evidence of Checklist of Tenant
Competitive Applicable EDA Pictures of Assistance
Bidding for Statutes and Inspector Rehabilitated Policy (RRP
Client File Contractors Regulations Estimate Propel'\Y - onJv)
Labastida, Hector and Marisela NO X $ 117,310 NO N/A
Labastida, Hector and Marisela NO X $ 60,000 NO N/A
Brown, John G. NO X $ 530,000 NO N/A
Thompson, Clyde Sr. and Jr. NO X $ 90,000 NO N/A
Thompson, Jesse and Eunice NO X $ 77,227 NO N/A
Thompson, Jesse and Eunice NO X $ 77,227 NO N/A
Thompson, Jesse and Eunice NO X $ 77,227 NO N/A
Thompson, Jesse and Eunice NO X $ 77,227 NO N/A
Thompson, Jesse and Eunice NO X $ 77,227 NO N/A
Ahmed, Munawar NO X $ 48,000 NO X
~ed, Munawar NO X $ 90,000 NO N/A
'-", Daniel and Phyllis NO X $ 40,000 NO N/A
Hale, Daniel and Phyllis NO X $ 50,000 NO X
Hale, Daniel and Phyllis NO X $ 40,000 NO X
Hale, Daniel and Phyllis NO X $ 40,000 NO X
Hale, Daniel and Phyllis NO X $ 40,000 NO X
Espinoza, Alexandra NO X $ 51,737 NO X
Espinoza, Alexandro NO X $ 49,220 NO X
Espinoza, Alexandro NO X $ 51,737 NO X
Vizcarra, Hector and Maria NO X $ 90,000 NO N/A
Vizcarra, Hector and Maria NO X $ 56,000 NO X
Kater, Richard and Geraldine NO X $ 180,000 NO N/A
Kater, Richard and Geraldine Waiver X $ 355,000 NO N/A
Bryant, Toby NO X $ 53,000 NO N/A
Bryant, Toby NO X $ 53,000 NO N/A
Bryant, Toby NO X $ 53,000 NO N/A
Martin, Joseph and Paula Memo X NONE NO N/A
Cooper, William H. Waiver NO $ 502,000 NO N/A
Clark, Dean and Joyce X X $ 142,000 NO N/A
Turner, Lee NO X $ 120,013 NO N/A
Turner, Lee NO X $ 120,013 NO N/A
C
X: Indicates attribute tested was satisfied and/or document was examined.
22
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0 0
EXHIBIT III
CITY OF SAN BERNARDINO
C ECONOMIC DEVELOPMENT AGENCY
MUL TIF AMlL Y RENTAL REHABILITATION PROGRAM
CONTENTS OF PROGRAM PARTICIPANT LOAN FILES
SEPTEMBER 13, 1994
Affinnative Rental Rehab
Marketing Service Evidence of
Policy (RRP Agreement Agreement for Environmental Davis-Bacon
Client File only) (RRP only) Rehabilitation Impact Checklist - Compliance
Labastida, Hector and Marisela N/A N/A X X N/A
Labastida, Hector and Marisela N/A N/A X X N/A
Brown, John G. N/A N/A X X X
Thompson, Clyde Sr. and Jr. N/A N/A X N/A N/A
Thompson, Jesse and Eunice N/A N/A X X N/A
Thompson, Jesse and Eunice N/A N/A X X N/A
Thompson, Jesse and Eunice N/A N/A X X N/A
Thompson, Jesse and Eunice N/A N/A X X N/A
Thompson, Jesse and Eunice N/A N/A X X N/A
Ahmed, Munawar X X X X N/A
~ed, Munawar N/A N/A X X N/A
\-;, Daniel and Phyllis N/A N/A X X N/A
Hale, Daniel and Phyllis X X X X N/A
Hale, Daniel and Phyllis X X X X N/A
Hale, Daniel and Phyllis X X X X N/A
Hale, Daniel and Phyllis X X X X N/A
Espinoza, Alexandro X X X X N/A
Espinoza, Alexandro X X X X N/A
Espinoza, Alexandro X X X X N/A
Vizcarra, Hector and Maria N/A N/A X N/A N/A
Vizcarra, Hector and Maria X X X X N/A
Kater, Richard and Geraldine N/A N/A X X N/A
Kater, Richard and Geraldine N/A N/A X N/A N/A
Bryant, Toby N/A N/A X X N/A
Bryant, Toby N/A N/A X X N/A
Bryant, Toby N/A N/A X X N/A
Martin, Joseph and Paula N/A N/A X N/A X
Cooper, William H. N/A N/A X N/A N/A
Clark, Dean and Joyce N/A N/A X N/A N/A
Turner, Lee N/A N/A X N/A N/A
Turner, Lee N/A N/A X N/A N/A
C
X: Indicates attribute tested was satisfied and/or document was examined.
23
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EXHIBIT IV
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MULTIF AMll- y RENTAL REHABILITATION PROGRAM
CON1RACTOR BID LIST
SEPTEMBER 13, 1994
A & A INVESTMENT CONTRACTORS
Charles Walker, Owner
708 West Mill, Suite Al
San Bernardino, California 92410
BARROW CONSTRUCTION, INC.
Clyde B. Thompson, Sr., Owner
P.O. Box 5058
Colton, California 92324
DAVIDA. DAVIES, INc.
David A. Davies, Owner
P.O. Box 397
A1ta Lorna, California 9170 I
MUCHMORE CONSTRUCTIONIUNDERWOOD AND SONS
Lindval Underwood, Owner
740 West Mill Street, Suite B
San Bernardino, California 92410
SONORA CONSTRUCTION COMPANY, INC.
R. Guzman, Owner
1126 Brookhurst Street, Suite 110
Anaheim, California 9280 I
VIZCARRA CONSTRUCTION & DEVELOPMENT COMPANY
Hector Vizcarra, Owner
2255 Sunrise Lane, Suite B
San Bernardino, California 92404
WILCOX CONSTRUCTION COMPANY
Delmont Wilcox, Owner
740 West Mill Street, Suite N
San Bernardino, California 92410
Source:
NEIGHBORHOOD REHABIliTATION PROGRAM, Contractor Bid List, obtained
from Mr. Oliver Moore, Housing Rehabilitation Coordinator.
24
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EXHIBIT V
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MULTIFAMILY RENTAL REHABILITATION PROGRAM
MISCELLANEOUS ITEMS
SEPTEMBER 13, 1994
L Status of Loans :
Total ofloans fully funded
$3,689,215
Total ofloans in process
1.208.268
Total of all loans granted
$4 897 483
2. Source ofloan funds:
CDBG
CDBG/NRP
CDBG/Low- and Moderate-Income
HOME
NRP
NRP/RRP
RRP
Low- and Moderate-Income
Unknown
$ 361,679
655,244
627,838
2,008,758
270,000
174,350
20,600
777,514
1.500
Total of all loans granted
$4 897 483
3. The Agency made a loan to Clyde Thompson, Sr. and Jr., for $116,000 from Low-
and Moderate-Income Housing funds to rehabilitate the property at 2141 Dumbarton
Avenue. The Thompsons own Barrow Construction, which performed the
rehabilitation construction for the property. The Agency later agreed to purchase the
property from the Thompsons for $150,000, with the intention of granting the
property to Operation Grace, a not-for-profit organization, to satisfy a HOME
Program Community Housing Development Organization (CRDO) requirement.
Barrow Construction was the contractor that performed the construction for most of
the Program loans. The Agency had not purchased the property from Clyde
Thompson as of the date of this report.
4. The objectives of an internal control structure are to provide management with
reasonable, but not absolute, assurance that assets are safeguarded against loss from
25
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EXHIBIT V
.
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CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
MULTIFAMILY RENTAL REHABILITATION PROGRAM
MISCELLANEOUS ITEMS
SEPTEMBER 13, 1994
unauthorized use or disposition, and that transactions are executed in accordance with
management's authorization and recorded properly to permit the preparation of
financial statements in accordance with generally accepted accounting principles.
From a strict accounting standpoint the Agency's internal controls over the Program
are essentially adequate to allow for a fiscal year-end audit. However, it would
appear that all Program loans were made without official action by the Community
Development Commission or the City Council, but solely with the authorization of Mr.
Kenneth Henderson, Executive Director, and Mr. David Edgar, Housing Division
Manager. It is questionable as to what authority Messrs. Henderson and Edgar relied
upon to implement the Program and execute the documents including, but not limited
to, the following:
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. For loans where REQUEST FOR FUND RESERVATION and DIsPOsmoN OF
FUNDs forms were required (all loans other than those funded with HOME
Program monies), the forms were signed by Mr. Edgar.
. For loans where REQUEST FOR FUND RESERVATION and DIsposmoN OF
FUNDs forms were not required, HOME CONTROL INSTRUCTIONS forms were
submitted to United States Escrow with Mr. Edgar's signature on them.
(These forms were used by United States Escrow to create new escrow
accounts for HOME Program participants.)
. When there were CHANGE ORDER forms prepared for the construction
contracts funded by the Program loans, the CHANGE ORDER forms were signed
by both Mr. Henderson and Mr. Edgar.
. The CHECKLIST OF APPLICABLE STATUTES AND REGULATIONS forms were
signed by Mr. Edgar.
. The AGREEMENT FOR HOME PROGRAM PARTICIPATION forms were signed by
Mr. Henderson.
. The AFFORDABLE HOUSING COVENANTS AND RESTRICTIONS agreements
between the Agency and the Program participants were signed by Mr.
Henderson.
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. The HOME PROGRAM IMPLEMENTATION AGREEMENT between the Agency
and United States Escrow was signed by Mr. Henderson.
26
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ATTACHMENT "B"
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ECONOMIC DEVELOPMENT AGENCY
Payment Request
Contract:
Contract II
Purchase Order II
Date or Approval ·
By.
Or: Penon Generating
Payment Request
.
Div
----.....--------.-.----------------------------------------------------------------------------------------------
Payable To. Check Made Out To
V# Vendorll Address
Work Order /I. City WOtI
Invoice Invoice II
Amount Amouat or Invoice
Due by Due Date
Description of Supplies ,lr Services: Description
Remarks/Special Ir.structions: Special Instructions
Account Information:
FA Line Account
Fund Budget II Account II
ICO Amount
Project Area Amount.r Check
Step Allocation:
Special Contract Compliance
Balance
Contract Balance
Amount
Amouut .rCheck
.. - _.__ ____ - ___ - __ _.w __ __ ___ ___ _. _ ______ ______ _ __ __ _ ____ _._ _____ __ _ _ __ _ _ __ _____.. ___ _ .__ ____ __ __ __ _ __ ___ ___ ___ ___
o\!>PROVED BY
Date
Stsff and Division Manner
. Division Manager
Executive Director
. DeputylExec.Director
Agency Administrator
-----------------------------------------------------------------------------------------------------------.
Contract Gross~ Paid Paid to Date
.
Totsl Contract Pending Any Open Items
Request This Request Balance Contract balance
after this payment
Check Writer: iCheck 1#
Date Cheek Date Run by Wbo ran cheek Cash Log Who IO'l!ed
Who Verified in Administration
- Administrative Services
BL:pc:pmlreq.&m
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PROPOSED ORGANIZATIONAL CHART
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ATTACHMENT "A"
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o CITY OF SAN BERNARDINO 0
ECONOMIC DEVELOPMENT AGENCY
. .
PAYMENT REQUEST <l> ~ IS ~;trIe/
PAYABLE TO 13~1-<<.) e..<.~(!r...;J DATE 3 -...:2 :1 - ~y
ADDRESS eJ>~ 1.3~ S""P-IT
{!:8-~1 @/-j 7.;J3...:J-V
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ATTN
DESCRlI'TlON OF SUPPLIES OR SERVICES
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RfOUESTEOB~" <l~~
SIGNATURE ....~,~~ U~A--"fii>
REQUESTING DIVISION Admin. Services
PROJECT BUDGET DEPT. AMOUNT
LINE ITEM
/0' rClJ~'/ 7M)/ ~ 4..f'p
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ContracllP.O. T elm
ContracllP.O. Amount
ContracllP.O. Balance-GS) IS: .1'.<..>2."
Amount of This Invoice f/? /.:I. r ,()
Balance Remaining / P t I? .; c.
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Check One: Par1iaI Payment
ACCOUNTING USE ONLY
Fnal Payment
IS:/} Vendor # cf)S77 Check # ;) 15"0/",1
ill: Dale ~/"/-/II Run by PfJ
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Due Dale
Cash log
DO #173
.(j)~eCf-ip+ of f'tAJiw .
Barrow Consuucuon
P.O. Box 5058
<. Colton, California 92324
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REQUEST FOR PAYMENT
Customer's Name: Barrow Construction
Address: P.O. Box 5058 Colton CA 92324
Property Owner(s): Patricia Mar ason
Address: 958 North G Street San Bernardino Ca.
;)lifttU _3
Invoice #: 1529
Lie. # 576844
Phone (909) 825-7312
Fax (909) 872-0631
Phone Number: 909-825-7312
W11?W7 . n
MAR 21 1994 III
~
CITY Of SAN BERNAaDINO
ECONOMIC D"E^V!.l~~':.~NT AGENCY
,,'.,',<Contracl.
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. . , .".......... 'u
.. 'Poce
265.00
695.00
165.00
160.00
150.00
65.00
150.00
690.00
1650.00
495.00
897.00
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Plumbina #30
Plumbina #31
Plumbina #32
Eledrical #33
Eledrical #34
Eledrical #35
Eledrical #36
Floorina #37
Paintlna #38
Penni1 #40
Profit & Overhead
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TOTALS:
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100%
100%
100%
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100%
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$ 695.00
$ 165.00
$ 160.00
$ 150.00
$ 65.00
$ 150.00
$ 690.00
$1 650.00
$ 495.00
$ 897.00
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$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ o.o~
$S.382.0~ '
Total Amount:
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$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
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