HomeMy WebLinkAboutR35-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM: Maggie Pacheco
Deputy Director
ORlGiNAl
SUBJECT: PROVISIONAL EDUCATIONAL
SERVICES, INC. - CITY CONSENT FOR
THE TRANSFER OF REAL PROPERTY
FROM THE COUNTY OF SAN
BERNARDlNO- COMMUNITY
DEVELOPMENT BLOCK GRANT
.......(~!>!lg)I'~Q.(;.~.M...... ............................
DATE: March 27, 2003
SvnoDsis of Previous Commission/Council/Committee Action(s):
In June 1999, the Mayor and Common Council approved the CDBG contract between the County of San Bernardino,
City of San Bernardino and Provisional Educational Services for S45,000.
On March 6, 2003, Redevelopment Committee Members Anderson, Suarez and Estrada unanimously voted to
rcconunend that the Mayor and Conunon Council consider this action for approval.
-----------------~----------------- ----------------. -~------------------ ---------------------- --------------------------- ------------------------------ -----------------------------.- -
Recommended Motion(s):
(Mavor and Common Council)
MOTION:
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORJZING AND APPROVING THE MAYOR TO EXECUTE AMENDMENT
NO. I TO CONTRACT NO. 99-471 DATED JUNE 29,1999, BY AND BETWEEN THE COUNTY
OF SAN BERNARDINO ("COUNTY"), THE CITY OF SAN BERNARDINO ("CITY"), AND
PROVISIONAL EDUCATIONAL SERVICES, INC. WHEREBY THE COUNTY WILL GRANT
OWNERSHIP OF PROPERTIES LOCATED AT 1680 AND 1686 WEST 19n1 STREET, CITY OF
SAN BERNARDINO, TO PROVISIONAL EDUCATIONAL SERVICES, INC. FOR CDBG
RELATED ACTIVITIES.
______n_____. _.________________. _______________ ------------------------------------------- --------------------------------------------------- ----------------------------------,------------------
Ward(s):
(909) 663-1044
6
Contact Person(s):
Maggie Pacheco
Phone:
Project Area(s)
Supporting Data Attached: 0 StafIReport 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters
FUNDING REQUIREMENTS Amount: $
N/A
Source:
NIA
/f
. Gary 'Van Osdel, Executive Dire
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Commission/Council Notes7----
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SIGNATURE:
Budget Authority:
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__________________________________________________________________________u__________________._____________________ _________________________________________________________----------------------------.
P:\ClcrLcal Services Dcpl\Margarcl Parkcr\AgcnJa\CDC 2003\03_04_07 Provi,ion~1 Educalional Scrvicc>.d(lc
COMMISSION MEETING AGENDA
Meeting Date: 04/07/2003
Agenda Item Number: R35"
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
____________________ __________________n.____________________ _____________________~__________________________________-------------------------------------------------------------.----------------------.
Provisional Educational Services. Inc. - Citv Consent
for the Transfer of Real Propertv from the Countv of San Bernardino -
Communitv Development Block Grant (CDBG) Prol!ram
BACKGROUND:
On June 29, 1999, the San Bernardino County Board of Supervisors approved Contract No. 99-471
with the City of San Bernardino and Provisional Educational Services, Inc., in the amount of ninety
thousand dollars ($90,000). The County and the City contributed $45,000 each for the purpose of
acquiring the property located at 1686 West 19th Street, in San Bernardino (APN 0143-191-50), and
for maintenance and operation of this property and the adjoining County-owned property (APN 0143-
191-49) by Provisional Educational Services for the provision of childcare services to low- and
moderate-income households. The two properties are currently leased to Provisional Educational
Services under a consolidated lease agreement.
CURRENT ISSUE:
The property is currently being used as Provisional Accelerated Learning (PAL) Childcare Center,
administered by Provisional Educational Services, Inc., under the Consolidated Lease Agreement,
who provides childcare services to low- and moderate-income households in the area. The County
desires to continue this benefit to the public by granting ownership of the properties located at 1680-
1686 West 19th Street ("Properties") to Provisional Educational Services, Inc. (see attached letter).
Due to the City of San Bernardino's CDBG investment in the property, the County is requesting
concurrence in the form of the Mayor and Common Council's approval of the intended disposition of
the property. Thus the County has prepared Amendment No. I to Contract No. 99-471 (see attached).
The PAL Center will continue to be used for CDBG eligible activities (i.e., childcare programs and
services to low/mod income households) for a period of twenty (20) years. Provisional Educational
Services will be responsible for submitting to the County the Public Facility Maintenance
Certification form required annually certifying their maintenance and occupancy of the Properties and
the County will have complete oversight of administering the Contract. Should at any time
Provisional Educational Services violate the Contract, the County will have the right to terminate the
Contract and ownership of the Properties would revert to the County. If the County sells the
Properties at a later date, the City will receive their equity share in the sale.
ENVIRONMENT AL IMPACT:
None.
________________________________________.____________________________________________________________ ______________________n____.___________________________n____.______________________________.________.
P:\Clcrical Scrvice~ Dcpl\Margarcl Parkcr\Agcnda\CDC 2003103-04-07 Provisional Educational Services,doe
COMMISSION MEETING AGENDA
Meeting Date: 04/07/2003
Agenda Item Number: R3S'
Economic Development Agency Staff Report
Provisional Educational Services, Inc.
Page 2
FISCAL IMPACT:
None.
RECOMMENDATION:
That the Mayor and Common Council approve the attached Resolution.
Maggie Pacheco, Deputy Director
~
P:\Clcrical Service, Dcpl\Margarel Parkcr\Agcnda\CDC 2003\03-04-07 Pl'oyi~ional Educaliotlal Scrviccs.doc
COMMISSION MEETING AGENDA
Meeting Date: 04/07/2003
Agenda Item Number:
XJs-
RESOLUTION NO.
2
3
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND APPROVING THE
MAYOR TO EXECUTE AMENDMENT NO.1 TO CONTRACT NO. 99-
471 DATED JUNE 29, 1999, BY AND BETWEEN THE COUNTY OF SAN
BERNARDINO ("COUNTY"), THE CITY OF SAN BERNARDINO
("CITY"), AND PROVISIONAL EDUCATIONAL SERVICES, INC.
WHEREBY THE COUNTY WILL GRANT OWNERSHIP OF
PROPERTIES LOCATED AT 1680 AND 1686 WEST 19TH STREET, CITY
OF SAN BERNARDINO, TO PROVISIONAL EDUCATIONAL
SERVICES, INC. FOR CDBG RELATED ACTIVITIES.
4
5
6
7
8
9
WHEREAS, the County of San Bernardino (the "County"), the City of San Bernardino
10
(Ihe "City") and Provisional Educational Services, Inc. have previously entered into Contract
II
No. 99-471 (the "Contract") dated June 29,1999, in the amount of Ninety Thousand Dollars
($90,000), for the purpose of acquiring the property located at 1686 West 19th Street in the City
of San Bernardino (APN 0143-191-50) (the "Property") so that Provisional Educational
12
13
14
Services, Inc. can provide childcare services andlor services to low- and moderate-income
15
households; and
16
WHEREAS, the County, City and Provisional Educational Services, Inc. desire to
17
amend the Contract to grant ownership of the Property including the County-owned property
located at 1680 West 19th Street in San Bernardino which is also leased to Provisional
18
19 Educational Services, Inc.; and
20 WHEREAS, Amendment No.
21 Common Council for approval.
22 III
23 III
24 III
III
25
1 to the Contract has been presented to the Mayor and
-1-
P:\C1erkll.l Sen'lce~ Dept\Margarel ParkerIRn(llutlons\2003\OJ-04-07 PES :\lce Ruolution.doc
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
2 BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
3 FOLLOWS:
4
Section 1.
The Mayor and Common Council hereby approve Amendment No.1 to
5 the Contract attached hereto and incorporated herein by reference.
6
Section 2.
The Mayor is hereby authorized to execute Amendment No.1 on behalf
7
of the City in substantially the form attached hereto, and any other documents necessary to
authorize the transfer of the Property to Provisional Educational Services, Inc. together with
8
9
such nonsubstantive changes therein as may be approved by the Mayor and City Attorney.
10
Section 3.
This Resolution shall take effect upon its adoption and execution in the
11 manner as required by the City Charter.
11/
12
11/
13
11/
14
11/
15
11/
16
/11
17
/11
18 11/
19 11/
20 11/
21 11/
22 11/
23 11/
24 /11
25 /11
-2-
P:\Clerl(al Services Depl\Margarel Parker\Resolutions\2003\OJ-04-07 PES MCC Rcsolution.do(
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND APPROVING THE
MAYOR TO EXECUTE AMENDMENT NO.1 TO CONTRACT NO. 99-
471 DATED JUNE 29, 1999, BY AND BETWEEN THE COUNTY OF SAN
BERNARDINO ("COUNTY"), THE CITY OF SAN BERNARDINO
("CITY"), AND PROVISIONAL EDUCATIONAL SERVICES, INC.
WHEREBY THE COUNTY WILL GRANT OWNERSHIP OF
PROPERTIES LOCATED AT 1680 AND 1686 WEST 19TH STREET, CITY
OF SAN BERNARDINO, TO PROVISIONAL EDUCATIONAL
SERVICES,INC.
3
4
5
6
7
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a
meeting thereof, held on the
9
day of
,2003, by the following vote to wit:
10 Council Members:
Ayes
Nays
Abstain
Absent
11
ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
12
13
14
15
16
17
Rachel G. Clark, City Clerk
18
19 The foregoing resolution is hereby approved this
day of
,2003.
20
21
Judith Valles, Mayor
City of San Bernardino
22
Approved as to form and Legal Content:
23 By:
-;7.~
"ty Attorney
24
25
-3-
P:\Clerical SHv!ces Depl\.\targaret Parker\Resolutlons\200J\OJ-04-07 PES MCC Resolutlon.doc
DEPARTMENT OF ECONOMIC
AND COMMUNITY DEVELOPMENT
'Iorth "0" Street, Sixth Floor' San Bernardino, CA 92415-0040 . (909) 388-0800
Fax (909) 388-0844
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COUNTY OF SAN 8ERNARDlNO
ECONOMIC DEVELOPMENT
AND PUBLIC SERVICES GROUP
THOMAS R. LAURIN
Director
February 18,2003
Ms. Maggie Pacheco, Director
Housing and Commumty Development
City of San Bernardino
20 I North "E" Street
San Bernardino, CA 92401-1507
RE: TRANSFER OF COUNTY OWNED PROPERTY LOCATED AT 1680-1686 19TH STREET,
SAN BERNARDINO
Dear Ms. Pacheco:
On June 29,1999, the BOS approved Contract No. 99-471 with City of San Bernardino and Provisional
Educational Services, Inc. in the amount of ninety thousand dollars ($90,000). The County and City
contributed $45,000 each for the purpose of acquiring the property located at 1686 West 19th Street in San
Bernardino, (APN 0143-191-50), and for maintenance and operation of this property and the adjoining
County owned property, (APN 0143-191-49), by Provisional Educational Services. The two properties
are currently owned by the County and leased to Provisional Educational Services under a consolidated
lease agreement.
Since 1992, the County has supported, through the County's Community Development Block Grant
(CDBG) program, the Provisional Accelerated Learning (PAL) Childcare Center in San Bernardino. This
program, which is administered by Provisional Educational Services, Inc., provides childcare services to
low- and moderate-income households in the area. We would like to continue this benefit to the public by
terminating the lease agreement and b'I'anting ownership of the properties located at 1680-1686 West 19'h
Street in San Bernardino to Provisional Educational Services. The PAL Center will continue to be used
for CDBG eligible activities for a period of twenty (20) years. This provision will be included in the
transfer deed and maintenance and operation contract. As stated previously, the City of San Bernardino
has a vested interest in the property located at 1686 West 19th Street. Therefore, we would like the City's
concurrence in the form of City Council's approval for our intended deposition of the property. When we
receive the City's approval to transfer ownership of the property to Provisional Educational Services, we
will prepare a maintenance and operation contract that will require sib'1latures from the City, County and
Provisional Educational Services.
Should you require further information, please contact me at (909) 388-0990 or Norm Buckner, of my
staff, at (909) 388-0965,
Sincerely,
.i]
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
THOMAS R. LAURIN, Director
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DOUGLAS PAYNE
Deputy Director
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E I- New Vendor Code Dept. Contract Number
M ~ Change SC ECD A
X Cancel
County Department Dept. Orgn. Contractor's License No.
Economic and Communitv Develooment ECD PROJ
County Department Contract Representative Ph. Ext. Amount of Contract
THOMAS R. LAURIN/Norm Buckner 0808 $
Fund Dept. Organization Appr. Obj.lRev Source Activity GRCIPROJ/JOB Number
SBA ECD PROJ 200 2005 . 0000
Commodity Code Estimated Payment Total by Fiscai Year
FY Amount liD FY Amount I/D
Project Name - -
Fifth District: Property Acquisition- - -
PAL Childcare Facility - -
(#350-23118\
FOR COUNTY USE ONL Y
County of San Bernardino
FAS
CONTRACT TRANSMITTAL
CONTRACTOR
Provisional Educational Services, Inc.
Birth Date
NIA
Federal 10 No. or Social Security No.
95-9083043
Contractor's Representative Dr. Mildred D. Henry, President
Address P.O. Box 7100, San Bernardino, CA 92411
Phone
909-887-7002
Nature of Contract: (Briefly describe the general terms of the contract)
1 June 29, 1999, the San Bernardino County Board of Supervisors approved Contract No. 99-471 with the
_o(y of San Bernardino and Provisional Educational Services, Inc., in the amount of ninety thousand dollars
($90,000). The County and City contributed $45,000 each for the purpose of acquiring the property located at
1686 West 19'h Street in San Bernardino, (APN 0143-191-50), and for maintenance and operation of this
property and the adjoining County owned property, (APN 0143-191-49), by Provisional Educational Services
for the provision of childcare services to low- and moderate-income households. The two properties are
currently leased to Provisional Educational Services under a consolidated lease agreement. This contract
Amendment No.1, grants ownership of the properties located at 1680-1686 West 19th Street in San
Bernardino to Provisional Educational Services, Inc., and requires continued maintenance and operation of the
childcare facilities for a period of twenty (20) years. All other provisions and terms of Contract No. 99-471 will
remain the same except as noted.
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''1ttach this tr~~~m!l!~(~1I c6';;t;acts not prepar€fd, on IP'9,:';~ar(d~;ct~on!tr'actlfJrm.)
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FIRST AMENDMENT TO THE CONTRACT
BETWEEN THE COUNTY OF SAN BERNARDINO,
CITY OF SAN BERNARDINO AND
PROVISIONAL EDUCATIONAL SERVICES, INC.
This First Amendment to Contract No. 99-471 is made and entered into, by and between San Bernardino County,
hereinafter referred to as "COUNTY", the City of San Bernardino, hereinafter referred to as "CITY" and Provisional
Educational Services, Inc., hereinafter referred to as "EDUCATIONAL SERVICES".
WHEREAS, COUNTY, CITY and EDUCATIONAL SERVICES have previously entered into Contract No. 99-
471, hereinafter referred to as "CONTRACT", in the amount of ninety thousand dollars ($90,000) for the purpose of
acquiring the property located at 1686 West 19th Street in San Bernardino, (APN 0143-191-50), and for EDUCATIONAL
SERVICES maintenance and operation of this property and adjoining COUNTY owned property, (APN 0143-191-49),
for the provision of child care services to low- and moderate-income households; and,
WHEREAS, the two properties are currently leased to EDUCATIONAL SERVICES under a consolidated lease
agreement; and,
WHEREAS, COUNTY, CITY and EDUCATIONAL SERVICES desire to amend CONTRACT to grant
ownership of the properties located at 1680 and 1686 West 19th Street in San Bernardino to Provisional Educational
Services, Inc.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be
derived therefrom, the parties agree as follows:
I. Replace CONTRACT Section I, with new PURPOSE OF CONTRACT paragraph.
PURPOSE OF CONTRACT
This Contract is made for the purpose of transferring ownership of the property located at 1680-1686 West 19th
Street, San Bernardino to Provisional Educational Services, Inc. The contract also provides for the maintenance and
operation of the childcare center, hereinafter referred to as "FACILITY".
2. Replace CONTRACT Section 3, with new SCOPE OF CONTRACT paragraph.
SCOPE OF PROJECT
COUNTY, CITY and EDUCATIONAL SERVICES agree COUNTY shall provide real estate services necessary to
transfer ownership of the property located at 1680-1686 West 19th Street in San Bernardino, parcel numbers (APN
#0143-191-49) and (APN # 0143-191-50) to EDUCATIONAL SERVICES. EDUCATIONAL SERVICES shall use
FACILITY for the sole purpose of providing childcare programs and services to low- and moderate-income families
located in the San Bernardino area.
EDUCATIONAL SERVICES agrees that any cost savings realized through ownership of the property shall result in
proper maintenance of FACILITY buildings and playground areas or in the expansion of program services. The
improvements or services shall be included as part of the annually required reporting referenced in section 24,
PROGRAM REPORTING.
Use of FACILITY for any other purpose shall not be permitted unless pre-approved in writing by the COUNTY.
Unless as specified otherwise, ECD shall have the authority to represent COUNTY regarding the terms and
conditions of this Contract and the administration thereof, and the Economic Development Agency shall have the
authority to represent CITY regarding the terms and conditions of the Contract and the administration thereof.
. _J''"'I
3. Replace CONTRACT Section 4, with new PROPERTY TRANSFER paragraph.
PROPERTY TRANSFER
COUNTY and CITY have determined that EDUCATIONAL SERVICES should own the land and improvements at
1680-1686 West 19th 'Street in San Bernardino currently owned by the COUNTY and funded in part by the CITY,
with the condition that FACILITY be maintained and operated as described in Section 2, Scope of Project for a term
of twenty (20) years.
4. Replace CONTRACT Section 7, with new MAINTENANCE AND OPERATION paragraph.
MAINTENANCE AND OPERATION
EDUCATIONAL SERVICES shall have sole responsibility for the maintenance and operation of FACILITY at the
sole expense of EDUCATIONAL SERVICES for a period of not less than twenty (20) years beginning upon the
date the deeds are executed to convey property. FACILITY shall be maintained and operated at all times for the
purpose of providing childcare programs and services to low- and moderate-income households in the San
Bernardino area, as identified in Section 2, Scope of Project, and in accordance with federal, state and local laws,
regulations and safety standards. EDUCATIONAL SERVICES shall be responsible for completing and submitting
to COUNTY the Public Facility Certification form. This form will be provided by ECD.
5. Replace CONTRACT Section 20, with new VIOLATION OF CONTRACT paragraph.
In the event that EDUCATIONAL SERVICES violates any of the terms and conditions of this Contract, COUNTY
shall give written notice of violation and demand for correction. If, within thirty (30) days from receipt of written
notice, EDUCATIONAL SERVICES has not corrected the violation or shown acceptable cause, COUNTY has the
right to terminate this Contract. It is agreed that in the event of a termination due to a violation of the Contract by
EDUCATIONAL SERVICES, EDUCATIONAL SERVICES shall transfer property ownership back to COUNTY
within ten (10) days or Receipt of Notice of Termination. Should COUNTY elect to sell parcels (APN 0143-191-
49) and (APN 0143-1941-50) in the event of violation by EDUCATIONAL SERVICES, CITY will receive equity
share in any sale of (APN 0143-191-50).
6. Replace CONTRACT Section 24, with new PROGRAM REPORTING AND RETENTION OF RECORDS
PROGRAM REPORTING AND RETENTION OF RECORDS
EDUCATIONAL SERVICES agrees to prepare and submit financial, program progress, and other reports as
required by HUD or COUNTY directives. EDUCATIONAL SERVICES shall maintain such program, property,
personnel, financial, statistical and other records, supporting documents, and accounts as are considered necessary
by HUD or COUNTY to assure proper accounting for all Contract funds. Said records, documents and accounts are
to be retained by EDUCATIONAL SERVICES for a minimum of five (5) years. The retention period starts from
the date the COUNTY submits its annual performance and evaluation report, as prescribed in 24CFR 91.520, in
which the service under the terms of this contract is reported on for the final time. Said COUNTY submission will
follow EDUCATIONAL SERVICES final submission to COUNTY of reports identified under this paragraph.
Records and accounts that pertain to something being sued or audited over must be maintained for the five (5) years
or until the issue is resolved, whichever is longer. Records that pertain to real estate transactions must be
maintained for the five (5) years or the number of years that there is an outstanding obligation, whichever is longer.
The starting date for retention of records on CDBG-purchased equipment begins at the end of the equipment's use,
when it is disposed of or transferred. The retention period for records relating to program income begins on the last
date of COUNTY fiscal year in which the income is earned. All EDUCATIONAL SERVICES records, with the
exception of confidential client information, shall be made available to representatives of COUNTY and the
appropriate federal agencies. EDUCATIONAL SERVICES is required to submit data necessary to complete the
Annual Grantee Performance Report in accordance with HUD regulations in the format and at the time designated
by the ECD Director or his designee.
7. NON -APPLICABLE SECTIONS OF CONTRACT NO. 99-471
The following sections contained in the Acquisition, Maintenance and Operations Contract (#99-471) will not be
applicable on the date of recordation of the grant deed transferring ownership to Provisional Education Services,
Inc. All other provisions and terms of Contract No. 99-471 will remain the same except as noted previously.
Section Number 5, Funding
Section Number 6, City Funding Requirements
Section Number II, Warranty of Adherence to County's Child Support Compliance Program
IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year first written
above.
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
By:
JUDITH V ALLES, Mayor
By:
DENNIS HANSBERGER, Chairman
Board of Supervisors
Date:
Date:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
J. RENEE BASTIAN
Clerk of the Board of Supervisors
of the County of San Bernardino
PROVISIONAL EDUCATIONAL SERVICES, INe.
By:
MILDRED D. HENRY, President
Date:
By:
Date:
APPROVED AS TO LEGAL FORM
ALAN K. MARKS
COUNTY COUNSEL
By:
Deputy County Counsel
.te:
C/Datal Agreements/Con 02 Amendment PAL Child Care Facility
2/20/02/NB/ts
DEPARTMENT OF ECONOMIC 2003-82
AND COMMUNITY DEVELOPMENT
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COUNTY OF SAN BERNARDINO
ECONOMIC OEVELOPMENT
ANO PUBLIC SERVICES GROUP
290 North "0" Str.." Sixth Floor' San Bernardino, CA 92415-0040 . (909) 388-0800
Fax 1909) 388-0844
THOMAS R. LAURIN
Director
February 18, 2003
Ms. Maggie Pacheco, Director
Housing and Community Development
City of San Bernardino
201 North "E" Street
San Bernardino, CA 92401-1507
RE: TRANSFER OF COUNTY OWNED PROPERTY LOCATED AT 1680-1686 19TH STREET,
SAN BERNARDINO
Dear Ms. Pacheco:
On June 29, 1999, the BOS approved Contract No. 99-471 with City of San Bernardino and Provisional
Educational SerVices, Inc, in the amount of ninety thousand dollars ($90,000), The County and City
contTibutcd $45,000 each Illr the purpose of acquiring the property located at 1686 West 19'10 Street in San
Bernardino, (APN 0143-191-50), and for maintenance and operation of this property and the adjoining
County owned property, (APN 0143-191-49), by Provisional Educational Services, The two properties
are currently owned by the County and leased to Provisional Educational Services under a consolidated
lease agreement.
Since 1992, the County has supported, through the County's Community Development Block Grant
(CDBG) program, the Provisional Accelerated Learning (PAL) Childcare Center in San Bernardino, This
program, which is administered by Provisional Educational Services, Inc" provides childcare services to
low- and moderate-income households in the area, We would like to continue this benefit to the public by
terminating the lease agreement and granting ownership of the properties located at 1680-1686 West 19'10
Street in San Bernardino to Provisional Educational Services. The PAL Center will continue to be used
for CDBG eligible activities for a period of twenty (20) years, This provision will be included in the
transfer deed and maintenance and operation contract As stated previously, the City of San Bernardino
has a vested interest in the property located at 1686 West 19'10 Street Therefore, we would like the City's
concurrence in the form of City Council's approval for our intended deposition of the property, When we
receive the City's approval to transfer ownership of the property to Provisional Educational Services, we
will prepare a maintenance and operation contract that will require silo'Tlatures from the City, County and
Provisional Educational Services.
Should you require further information, please contact me at (909) 388-0990 or Norm Buckner, of my
staff, at (909) 388-0965,
Sincerely,
TI
-.=]
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
}llOMAS R, LAU~ Director
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DOUGLAS PAYNE
Deputy Director
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CITY OF SAN BERNARDINO
Interoffice Memorandum RECEIV~ ~'Cln CL Eh.K
CITY CLERK'S OFFICE
Records and Information Management (RI1JI) PnAlr. All :33
DATE:
April 11, 2003
TO:
Margaret Parker, Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-82
At the Mayor and Common Council meeting of April 7, 2003, the City of San Bernardino
adopted Resolution 2003-82 - Resolution authorizing and approving the Mayor to execute
Amendment No.1 to contract No. 99-471 dated June 29,1999, by and between the County of San
Bernardino, the City of San Bernardino, and Provisional Educational Services, Inc., whereby the
County will grant ownership of properties located at 1680 and 1686 West 19th Street to
Provisional Educational Services, Inc., for CDBG related activities.
Please obtain all signatures and return the original agreement to the City Clerk's Office. If you
have any questions, please do not hesitate to contact me at ex!. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of this memorandum.
Signed:
Please sign and return
Date:
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 22, 2003
TO:
Margaret Parker, Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-82 - Provisional Educational Services, Inc.
Our office has not received an executed copy of Amendment No. I to contract No. 99-471 by
and between the City, the County and Provisional Educational Services, Inc., whereby the
County will grant ownership of properties located at 1680 and 1686 W. 19th Street to Provisional
Educational Services, Inc., for CDBG related activities. This agreement was approved at the
Mayor and Common Council meeting held on April 7, 2003.
If you have any questions, please do not hesitate to call me at ex!. 3206.
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECO.RD OF ACTION
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July 29, 2003
FROM:
THOMAS R. LAURIN, Director I I PM lJ: IlJ
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
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DAVID H. SLAUGHTER, Director
DEPARTMENT OF REAL ESTATE SERVICES
SUBJECT: AMENDMENT NO. 1 TO CONTRACT NO. 99-471 WITH THE CITY OF SAN
BERNARDINO AND PROVISIONAL EDUCATIONAL SERVICES, INC., AND
RELATED TRANSACTIONS
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RECOMMENDATION:
1. Approve Amendment No. 1 to Contract No. 99-471 between the County, the City of San
Bernardino, and Provisional Educational Services, Inc., which provides for transferring the
properties located at 1680 and 1686 West 19th Street in San Bernardino (APNs 0143-191-
49 and 1043-191-50; the "Properties") to Provisional Educational Services, Inc., for
continued maintenance and operation of the Properties by Provisional Educational Services,
Inc., and other related changes.
2. Determine that the County's ownership interests in the Properties are no longer necessary
for County or public purposes.
3. Execute the deed to convey the Properties to Provisional Education Services, Inc.
4. Approve Amendment NO.1 to terminate Contract No. 99-716 for the lease of the
Properties.
Rev 07/97
BACKGROUND INFORMATION: On October 21,1991, the County acquired the property located
at 1680 West 19th Street (APN 0143-191-49), in San Bernardino for the purpose of providing a
childcare facility to low and moderate-income households. The Community Development Block
Grant ("CBDG") program funded the $66,000 cost of the acquisition. On March 23, 1992, the
Board approved a 10-year lease (No. 92-223) of the property to Provisional Education Services,
Inc., a non-profit corporation, dba Provisional Accelerated Learning Center ("PAL"). On December
28, 1998, the County acquired the adjacent property located at 1686 West 19th Street (APN 0143-
191-50) in order to expand the childcare program to meet the growing need of the community. The
$90,000 cost to acquire this property was also CDBG funded with both the City of San Bernardino
and the County each contributing $45,000. On August 10, 1999, the Board terminated lease No.
92-223 and approved a five-year lease (No. 99-716) to lease both of the properties to PAL. The
properties total 29,280 square feet, with a 1440 square foot modular classroom and a 1709 square
foot masonry building. PAL currently pays $500 annually and is responsible for maintaining the
facilities. Upon transfer of the properties, lease No. 99-716 is terminated.
cc: ECD-Laurin Record of Action of the Board of Supervisors
ECD-Buckner wlagreement AGREEMENT 99-471 A-1
RES-Slaughter w/dccd for APPROVED(CONSENT CALENDAR)
recordmg BOARD OF SUPERVISORS
Contractor wlagreement cia ECD COUNTY OF SAN BERN INO
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File w/agreement ITEM 013
AMENDMENT NO.1 TO CONTRACT NO. 99-471 WITH THE CITY OF SAN BERNARDINO AND
PROVISIONAL EDUCATIONAL SERVICES, INC., AND RELATED TRANSACTIONS
July 29, 2003
Page 2
On June 29, 1999, the Board of Supervisors approved Contract No. 99-471 with Provisional
Educational Services that provides for the use and maintenance of the properties. The San
Bernardino City Council on April 7, 2003 approved the transfer of their interest in the properties to
Provisional Educational Services, Inc. With this Amendment, the ownership of the properties will
be transferred to Provisional Educational Services, Inc., who will have sole responsibility for the
maintenance and operation of facilities for twenty (20) years beginning upon the date the properties
are conveyed. If they fail to continue with the program as required by the amendment, the title to
the properties will revert to the County. CDBG regulations authorize the transfer of the properties
under the conditions set forth in the Amendment.
REVIEW BY OTHERS: This item was reviewed by Deputy County Counsel Michelle D. Blakemore
on June 13, 2003, and Chief Deputy County Counsel Rex A. Hinesley on July 7,2003; the County
Administrative Office, Lynn Chacon, Administrative Analyst, and Patricia M. Cole, Administrative
Analyst III on July 18, 2003, and the Department of Economic and Community Development's
Contract Compliance designee David Larsen on June 16, 2003. The tripartite contract Amendment
was signed by the Mayor of the City of San Bernardino on June 3, 2003, and by Provisional
Educational Services, Inc. on May 22, 2003.
FINANCIAL IMPACT: ECD will no longer receive the annual rent of $500. The County liability and
Risk Management concerns will be eliminated with the transfer of the Properties. This action has
no effect on the County General Fund.
COST REDUCTION REVIEW: The County Administrative Office has reviewed this item, concurs
with ECD's and RESD's recommendation, and recommends this action based on the need to have
the non-profit organization continue to provide child care services to low and moderate income
households.
SUPERVISORIAL DISTRICT (S): 5th.
PRESENTER: Thomas R. Laurin, Director ECD, 388-0808.
David H. Slaughter, Director RESD, 387-7813.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): I-j -'I ~ 0:;' Item #
Vote: Ayes 1- " Nays ,0
Change to motion to amend original documents: -
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Abstain
Reso. # On Attachments: L Contract term: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY By:
Date Sent to Mayor:
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Date of Mayor's Signature: -'I-ICy C -)
Date ofClerk/CDC Signature: ~- ,ere -")
Resolution #
..('y
2c.()~ Sc_
Absent G-
NulVVoid After:
Reso. Log Updated:
Seal Impressed:
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Date Memo/Letter Sent for Signature:
..iiifDay Reminder Letter Sent on).Odfday:
90 Day Reminder Letter Sent on 45th day:
A - \ \0 CJ'-)
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See Attached: ../ Date Returned: ~- ~ :;i--<>.."'?
See Attached: ..~
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234,655,92-389):
Copies Distributed to:
City Attorney ,/'
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
Notes:
Yes .--L No By
Yes No ,/ By
Yes No ...L By
Yes No V By
Yes No / By
EDA ,/
MIS
Finance
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: ~
Date:
Revised 01/12/01