HomeMy WebLinkAbout10- Development Department DEVELOPMENT DEPARTMENT
OF THE CITY OF SAN BERNARDINO
REQUEST FOR COMMISSION/COUNCIL ACTION
FROM: KENNETH J. HENDERSON SUBJECT: STATE HOUSING AND
Executive Director COMMUNITY DEVELOPMENT
ANNUITY FUND PROGRAM -
DATE: July 28, 1993 DORJIL ESTATES
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Synopsis of Previous Commission/Council/Committee Action (s):
Over the last nine years, the Mayor and Common Council have routinely adopted standard form
agreements in connection with the State Rental Housing Construction program.
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Recommended Motion(s):
(Mayor and Common Council)
MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF CERTAIN
STANDARD AGREEMENT NO. 80-RHC-003 DATED AS OF MAY 6, 1981 BY AND
BETWEEN THE CITY OF SAN BERNARDINO AND THE DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT.
Administrator KENNETH J. H19NDERSON
Executive Director
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Contact Person(s): Kenneth J. Henderson/David R. Edgar Phone: 5081
Project Area(s): NOTth�'�Cst _ Ward(s): Six (6)
Supporting Data Attached: Staff Renort
FUNDING REQUIREMENTS: Amount: $ N/A Source: N/A
Budget Authority: N/A
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Commission/Council Notes:
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KJH:DRE:paw:dorgil.cdc COMMISSION MEETING AGENDA
MEETING DATE: 08/02/1993
Agenda Item Number: _ _
DEV LOPMENT DEPARTM __ NT
STAFF REPORT
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STATE HOUSING AND COMMUNITY DEVELOPMENT ANNUITY FUND
PROGRAM _DORJIL ESTATES
The Rental Housing Construction Program was established by the California
Legislature in the Department of Housing and Community Development (HCD) for the
expressed purpose of assisting with the construction of new rental housing units and
for assuring that said assisted units are occupied and/or available or - priority basis to
low and very low income households.
To assist with construction of the Dorjil I Housing Development and to ensure that at
least 30% of the constructed units within this development remain available to low and
very low income households, Dukes-Dukes and Associates applied for assistance
through the State's Rental Housing Construction Program. Standard Agreement No.
80-RHC-003, dated May 6, 1981, and Amendment No. 1, dated August 12, 1982,
between the State Department of Housing and Community Development (HCD) and
the City of San Bernardino provided for financial assistance through the Annuity Fund
Program. Through this program the developer is eligible to receive an annual
reimbursement subsidy in an amount equal to the difference between operation costs
attributable to assisted units and income derived from assisted units.
The amount encumbered by the state for the purposes of annuity fund payment for
Dorjil I is $39,373 for the period beginning January 1, 1992 and ending December 31,
1992. In order for the State to pay Dorjil Estates the money due for 1992 operations,
under the Rental Housing Construction Program, the City must first, however, execute
State Contract No. 80-RHC-003/Amendment 10 (Please See Attachment). In addition,
the State Contracts Office also requires a Resolution from the City authorizing
execution of the Amendment (Please See Attachment).
If approved, these actions are consistent with previous Common Council actions
relative to the Dorjil Estates Rental Housing Development Project and its participation
in the Annuity Fund Program.
For the heretofore mention reasons, staff recommends adoption of the attached
Resolution.
C4�U4
KENNETH J. ENDERSON, Executive Director
Development Department
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KJH:DRE:paw:dorgil.cdc COMMISSION MEETING AGENDA
MEETING DATE: 08/02/1993
Agenda Item Number: —to-
STS t OF CAI'GORNiA
STANDARD AGREEMENT- ROVED GENERAL NUMBER AM.NO.
STD.2(REV.8-89)
AtTORNEYGENERAL 80-RHC-003 I 10
THIS AGREEMENT,made and entered into this 5 day of August ' 19 92 CONTRACTOR'S FEDERAL I.D.NUMBER
'he State of California,by and between State of California,through its duly elected or appointed,qualified
acting
TITLE OF OFFICER ACTING FOR STATE AGENCY 0epartment of oustng
Director and Community Development
hereafter called the State and
City of San Bernardino
hereafter called the Contrator.
WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed,
t does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor,
time for performance or completion,and attach plans and specifications,if any.)
Standard Agreement No. 80-RHC-003, dated May 6, 1981, between the Department of Housing and Community Development and
the City of San Bernardino, is hereby amended as follows:
Paragraph 15 (e) is amended to read:
The amount encumbered by this Agreement for the purposes of annuity fund payment is $39,373 for fiscal year or portion
thereof beginning January 1, 1992 and ending December 31,1992. This Agreement shall be amended annually to reflect the
revised amounts in the approved operating budget for succeeding fiscal years.
Exhibit D is hereby deleted and replaced by Exhibit D attached hereto and by this reference made a part hereof.
All other terms and conditions shall remain as set forth in the original Agreement and amendments thereto.
CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a part of this agreement.
LN-Cv7T:'NFSS WTIE EOF,this agreement has been executed by the parties hereto,uton the date ,lest above written.
Q%TATF OF CALIFORNIA Ce0t4 T R TOR
AGENCY CONTRACTOR(!t other Than en,ndrv,d—i,stale whether a
Department of Housing and Community Development co po atron,panne sn,p,etc.)
City of San Bernardino
BY(AUTHORIZED SIGNATURE) BY
> (AUTHORIZED SIGNATURE)
D
PRINTED NAME OF PERSON SIGNING PRIt:TED NAME AND TITLE OF PERSON SIGNING
Timothy L Coyle Robert Holcomb, Mayor
TB E ADDRESS
)rector 300 N. "D" Street San Bernardino CA 92418
AMOUNT ENCUMBERED BY THIS I PROGRAM/CATEGORY(CODE AND TITLE) FUND T!TLE
DOCUMENT 20 Community Affairs I Department of General Services
$ 39,373 RHCF Use only
(OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR 2139/40169
THIS DOCUMENT
s 2'900.022 REAR CHAPTER STATUTE I FISCAL YEAR
+✓ 2240-516-938 I 1043 1979
TOTAL AMOUNT ENCUMBERED TO
DATE OBJECT OF EXPENDITURE(CODE AND TITLE)
c 2,939,395 665741
aby terrify upon my own personal knowledge that budgeted funds T.B.A.
are available for the period and purpose of the expend re stated above.
SIGNATURE OF ACCOUNTING OFFICt
DATE
SEP - 91992
7 CONTRA: UR STATE GENCY n DEeI-u,6CN.5ER. F-1 CONIAti iPa -1 E r
EXHIBIT D
Page 1 of 1
City San Bernardino
80-RHC-003 , Amendment 10
ANNUITY FUND PAYMENT SCHEDULE
MONTH AMOUNT
From: January 1, 1992 To: December 31, 1992
1 January 1, 1992 $3,282
2 February 1, 1992 $3 , 282
3 March 1, 1992 $3,282
4 April 1, 1992 $3 , 282
5 May 1, 1992 $3 , 282
6 June 1, 1992 $3 , 282
7 July 1, 1992 $3 ,282
8 August 1, 1992 $3 ,282
9 September 1, 1992 $3 ,282
10 October 1, 1992 $3 , 282
11 November 1, 1992 $3 , 282
13 December 1, 1992 $3 , 271
TOTAL $39, 373
Amount encumbered $39, 373
Total from payment schedule $39,373
1
2 MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO, CALIFORNIA
4 AGENDA
5
6
7 Item: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING
8 THE EXECUTION OF CERTAIN AMENDMENTS TO THAT
CERTAIN STANDARD AGREEMENT NO. 80-RHC-003 DATED
9 AS OF MAY 6, 1981 BY AND BETWEEN THE CITY OF
SAN BERNARDINO AND THE DEPARTMENT OF HOUSING AND
10 COMMUNITY DEVELOPMENT
11 Action to
be Taken: Append Exhibit "A" to Resolution; Adopt
12 Resolution
13
14 Certified copy of Resolution to be returned to Sabo & Green, A
15 Professional Corporation.
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?n.
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23 SBEO/0001/DOC/643
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I si )
1 RESOLUTION NO.
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING
4 THE EXECUTION OF CERTAIN AMENDMENTS TO THAT
CERTAIN STANDARD AGREEMENT NO. 80-RHC-003 DATED
5 AS OF MAY 6, 1981 BY AND BETWEEN THE CITY OF
SAN BERNARDINO AND THE DEPARTMENT OF HOUSING AND
6 COMMUNITY DEVELOPMENT
7 WHEREAS, the City of San Bernardino (the "City") and
8 the Department of Housing and Community Development (the
9 "Department") have previously entered into a certain agreement
10 dated as of May 6, 1981 and designated as Standard Agreement
11 No. 80-RHC-003 (the "Agreement") for the purposes of providing
12 subsidy payments and annuity payments in connection with the
13 Dorjil Estates Subsidy Payment Program (the "Program") ; and
14
15 WHEREAS, the Department has requested that the parties
16 enter into a certain amendment to the Agreement in order to
17 adjust the annuity fund payments for the 1992 Calendar year all
18 as more fully described in that certain Amendment attached hereto
19 as Exhibit "A"" and incorporated herein by this reference; and
20
21 WHEREAS, the execution of the proposed Amendment to the
22 Agreement between the parties would provide for revised annuity
23 amounts and the parties deem it desirable to authorize the Mayor
24 to execute additional future amendments of a similar nature; and
25
26 WHEREAS, it is reasonable and appropriate to approve
27 and cause the execution of the Amendment to the Agreement and to
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1 provide for the future execution of similar amendments to the
2 extent deemed necessary by the parties.
3
4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
5 COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
6
7 SECTION 1. The Mayor and Common Council hereby approve
8 that certain Amendment to the Agreement by and between the City
9 and the Department substantially in the form and content as set
10 forth in Exhibit "A" attached hereto and incorporated herein by
11 this reference and the Mayor is hereby authorized and directed to
12 execute the Amendment for and on behalf of the City.
13
14 SECTION 2 . The Mayor and Common Council hereby
15 authorize the Mayor to execute such additional amendments to the
16 Agreement which are deemed necessary by City Staff and which are
17 of similar nature to the Amendment and which do not adversely
18 impact the rights or obligations of the parties to the Agreement. i
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF CERTAIN
AMENDMENTS TO THAT CERTAIN STANDARD AGREEMENT NO. 80-RHC-003
3 DATED AS OF MAY 6, 1981 BY AND BETWEEN THE CITY OF SAN BERNARDINO
AND THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
4
5 SECTION 3 . The findings and determinations herein
6 shall be final and conclusive. This Resolution shall take effect
7 upon its adoption.
8 I HEREBY CERTIFY that the foregoing Resolution was duly
9 adopted by the Mayor and Common Council of the City of
10 San Bernardino at a meeting
11 thereof, held on the day of
12 1993, by the following vote, to wit:
13 Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA
14 REILLY
HERNANDEZ
15 MAUDSLEY
MINOR
16 POPE-LUDLAM
MILLER
17
18 City Clerk
19 The foregoing reso u:.io^ is hereby approved this
20 day of 1993 .
21
22 Mayor of the City of
San Bernardino
23 Approved as to form and legal content:
JAMES F. PENMAN
24 City Attorney
25 By:
26 SBEO\0001\DOC1643
1/8/92 10:15
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II in
1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
3 I, City Clerk of the City of
4 San Bernardino, DO HEREBY CERTIFY that the foregoing and attached
copy of Mayor and Common Council of the City of San Bernardino
5 Resolution No. is a full, true and correct copy of that
now on file in this office.
6 IN WITNESS WHEREOF, I have hereunto set my hand and
7 affixed the official seal of the Mayor and Common Council of the
City of San Bernardino this day of ,
8 1993 .
9
10 City Clerk
City of San Bernardino
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