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Home My WebLink AboutMINUTES - 10061992 - 1.9 (3) 90 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS DATE: October 6, 1992 FROM: Richard J. Martinez, Acting Interim Executive Director cc: SUBJECT: CASA DEL RIO SENIOR HOUSING DEVELOPMENT RESOLUTION NO. 3657 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DELTA DIABLO SANITATION DISTRICT AND RESOLUTION NO. 3658 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ANTIOCH UNIFIED SCHOOL DISTRICT REGARDING WAIVER OR DEFERRAL OF DEVELOPMENT FEES 1. RECOMMENDED ACTION ADOPT Resolution No.3657 authorizing the execution of an agreement, and amendments thereto, governing the deferral of development fees of the Delta Diablo Sanitation District; and ADOPT Resolution No.3658 authorizing the execution of an agreement, and any amendments thereto,governing the wavier of development fees of the Antioch Unified School District by the Chair of the Board for Casa del Rio, an 82 unit very low income senior housing development in Antioch. II. FINANCIAL IMPACT: The waiver of Antioch Unified School District (AUSD) development fees and the deferral of Delta Diablo Sanitation District (Delta) development fees will help reduce the upfront costs of the project. The Delta fees will need to be paid off by 2002 A.D., or 10 years from now. Based on current information, there will be a sufficient cash flow from the project by 2002 A.D. to enable the Housing Authority to pay off these deferred fees. III. REASONS FOR RECOMMENDATION/BACKGROUND In an effort to close the funding gap for the Casa del Rio development,the Housing Authority requested that Delta Diablo Sanitation District: 1. reduce its development fees; and, 2. defer payment of the remaining fees for 10 years. The Delta Board of Directors approved the two requests with the condition that the Housing Authority enter into an agreement with Delta. This agreement will: a. Authorize the reduction of fees as long as the project is restricted to senior citizens; b. Require that the remaining fees, $39,237, be paid in 2002 AD, or 10 years from now; and C. Require that the owner pay the difference between the reduced fee and the current development fees, should the project no longer be restricted to senior households. The Housing Authority also requested that the Antioch Unified School District waive its development fees for the project. The AUSD Board of Directors approved the waiver of all its fees,$17,239,with the condition that the Housing Authority enter into an agreement with AUSD. The agreement will: CONTINUED ON ATTACHIVIEnIi` SIGNATURE RurnNMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) a AMON OF BOARD ON 61 9902 APPROVED AS REcommENDED >c OTHER VOTE OF COMMISSIONERS >4 i wANIMOUS(ABSENT I HEREBY CERTIFY THAT 11M IS A TRUE AND CORRECT AYES: NOES: COPY OF AN ACTION TAKEN AND ENTERED ON T1-IE ABSENI` ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. p ATTESTED v Phil Batchelor,Clerk of the Board of Commissioners r BY ,DEPUTY Board of Commissioners October 6, 1992 Page 2 a. Authorize the waiver of all the AUSD development fees; and b. Stipulate that, should the project no longer be rented exclusively to senior citizen, the owner will pay the development fees to the AUSD. Both Delta and AUSD attorneys are preparing their agreements. These agreements will be reviewed and approved by County Counsel prior to execution by the Chair of the Board. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to approve Resolutions No.3657 and 3658 authorizing the Chair of the Board to execute the agreements,the Housing Authority will be required to seek another funding source to cover these fees. Such action may also jeopardize funding that has already been committed to this project. THE BOARD OF COMMISSIONERS THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RESOLUTION NO. 3657 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT, AND ANY AMENDMENTS THERETO, GOVERNING THE REDUCTION AND DEFERRAL OF DEVELOPMENT FEES OF THE DELTA DIABLO SANITATION DISTRICT BY THE CHAIR OF THE BOARD WHEREAS, the Housing Authority of the County of Contra Costa is developing Casa del Rio, an 82-unit very low income senior housing project, in Antioch, California; and WHEREAS, Ordinance No . 34 of the Delta Diablo Sanitation District (Delta ) provides for both the reduction and deferral of its development fees for senior housing projects; and WHEREAS, the Housing Authority requested that Delta reduce and further defer its development fees for Casa del Rio; and WHEREAS, the Delta Board of Directors approved a 75% reduction, to $39 , 237 , of fees at its meeting on August 24 , 1992, and the deferral of those fees at its meeting on September 9 , 1992 , with the stipulation that the Housing Authority and Delta enter into an agreement governing the fees; and WHEREAS, the agreement will authorize the reduction of fees; stipulate the deferral of the remaining fees for 10 years ; and require that the owner pay the difference between the reduced fees and the current fees should the project no longer be restricted to seniors; and WHEREAS, the City of Antioch has agreed to pay the prorated Sewer Service charge, a charge Delta requires all developers to pay on their project, and cannot waive or defer; and WHEREAS, County Counsel is preparing the agreement governing these fees ; and WHEREAS, the Chair of the Board will act on behalf of the Housing Authority of the County of Contra Costa and will sign all documents . required to reduce and defer these fees; NOW, THEREFORE, BE IT RESOLVED, as follows : 1 . That the Board of Commissioners of the Housing Authority of the County of Contra Costa hereby authorizes the Chair of the Board to execute the agreement, and any amendments thereto, governing the reduction and deferral of Delta Diablo Sanitation District development fees . 2 . That this resolution shall take effect immediately. PASSED AND ADOPTED THIS 6th day of October 1992 , by the following vote of the Commissioners : AYES : Commissioners Powers, Fanden, Schroder, Torlakson, McPeak NOES : None ABSENT: None I hereby certify that this is a true and correct copy of ABSTAIN: None an action taken and entered on the minutes of the Board of Supervi ors n the /e. date shown. ATTESTED: 6)c Z L , / ' Count Administrator PHIL BATCHELOR,Clerk-of the Board CC • y of Supervisors and County Administrator County Counsel Housing Authority /�/J,��y By ��.��Z,G(.�� Deputy THE BOARD OF COMMISSIONERS THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RESOLUTION NO. 3658 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT, AND ANY AMENDMENTS THERETO, GOVERNING THE WAIVER OF THE DEVELOPMENT FEES OF THE ANTIOCH UNIFIED SCHOOL DISTRICT DISTRICT BY THE CHAIR OF THE BOARD WHEREAS, the Housing Authority of the County of Contra Costa is developing Casa del Rio, an 82-unit very low income senior housing project, in Antioch, California; and WHEREAS, the Antioch Unified School District (AUSD) Board can waive AUSD development fees for low income senior housing projects that are owned and funded by public agencies; and WHEREAS, the Housing Authority, a public entity, shall be the owner of the development and shall receive all funding for the project from public sources; and WHEREAS, the Housing Authority requested that AUSD waive all of its development fees for Casa del Rio; and WHEREAS, the AUSD Board approved the waiver of all development fees for the project at its meeting on August 12, 1992, with the stipulation that the Housing Authority and the AUSD enter into an agreement governing the fees; and WHEREAS, the agreement will authorize the waiver of all fees and require that the owner pay the current fees should the project no longer be restricted to seniors residents; and WHEREAS, the AUSD attorney is preparing the agreement governing these fees ; and WHEREAS, County Counsel shall review and approve this agreement, and any amendment thereto, prior to execution; and WHEREAS, the Chair of the Board will act on behalf of the Housing Authority of the County of Contra Costa and will sign all documents required to waive these fees; NOW, THEREFORE, BE IT RESOLVED, as follows : 1 . That the Board of Commissioners of the Housing Authority of the County of Contra Costa hereby authorizes the Chair of the Board to execute the agreement, and any amendments thereto, governing the waiver of the Antioch Unified School District development fees . 2 . That this resolution shall take effect- immediately. PASSED AND ADOPTED THIS 6th day of October 19 92 , by the following vote of the Commissioners : AYES : Commissioners Powers, Fanden, Schroder, Torlakson, McPeak NOES : None ABSENT: None I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes' of the ABSTAIN:None Boar,'of Superviso on t�he/Jdate shown. �y ATTESTED: ./4-t"l'PJ?_l � . /`7 9 L_ PHIL BATCHELOR,Clerk of the Board c c• County Administrator of Supervisors and County Administrator County Counsel � ��a Housing Authority BY a -/N ,Deputy