HomeMy WebLinkAboutMINUTES - 01202015 - C.28RECOMMENDATION(S):
APPROVE and AUTHORIZE the Conservation and Development Department Interim Director, or designee, to
execute a First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants between Berrellesa
Palms L.P. and Contra Costa County for the Berrellesa Palms apartment project in Martinez.
FISCAL IMPACT:
No General Fund impact; 100 percent federal funds were used. HOME, and CDBG funds are provided to the County
on a formula allocation basis through the U.S. Department of Housing and Urban Development. HOPWA funds are
provided to the County through an agreement with the City of Oakland.
BACKGROUND:
On December 1, 2012, the County loaned Berrellesa Palms L.P. a total of $4,775,000 in HOME Investment
Partnerships Act (HOME), Community Development Block Grant (CDBG), and Housing Opportunities for Persons
with HIV/AIDs (HOPWA) funds to support the development of 49 units of affordable senior housing in Martinez. As
a loan requirement, Berrellesa Palms L.P. entered into a regulatory agreement through which it agreed to designate
24 units as County-assisted. Three of these units are reserved for persons with an HIV/AIDs diagnosis (the "HOPWA
Units"). The original regulatory agreement required that the HOPWA Units be restricted to persons with incomes at
or below 20 percent of the area median income (AMI). Berrellesa Palms L.P. was not able to find eligible tenants for
these units. However, they were able to find tenants at this income level without an HIV/AIDs diagnosis. They were
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 01/20/2015 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Kara Douglas 674-7880
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: January 20, 2015
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 28
To:Board of Supervisors
From:John Kopchik, Interim Director, Conservation & Development Department
Date:January 20, 2015
Contra
Costa
County
Subject:Approval of First Amendment to Regulatory Agreement for Berrellesa Palms Apartments in Martinez
BACKGROUND: (CONT'D)
> also able to find tenants with a HIV/AIDs diagnosis with slightly higher incomes (35 percent AMI). Therefore,
they are requesting this First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants to
remove the HOPWA requirement from the three units affordable at 20 percent AMI and transfer the HOPWA
requirement to three of the four units affordable at 35 percent AMI.
This amendment only affects which units are identified as HOPWA units. The overall number of County-assisted
units, and the affordability remains unchanged. With the recommended amendment, the County-assisted units
would include the following:
Three units affordable to households with incomes at or below 20 percent AMI.
Four units affordable to households with incomes at or below 35 percent AMI (including the three HOPWA
Units).
Five units affordable to households with incomes at or below 40 percent AMI.
Nine units affordable to households with incomes at or below 50 percent AMI.
CONSEQUENCE OF NEGATIVE ACTION:
If the amendment to the regulatory agreement is not approved, the Berrellesa Palms management company will
leave scarce affordable housing units vacant while it continues to search for tenants who meet the narrow
parameters for these units.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
First Amendment