commission book march 2012
description
Transcript of commission book march 2012
SAN FRANCISCO HOUSING AUTHORITY
Rev. Amos Brown, President
Mirian Saez, Vice President
Micah Allen, Commissioner
Dr. Veronica Hunnicutt, Commissioner
Ahsha Safai, Commissioner
Matthew Schwartz, Commissioner
Dorothy Smith, Commissioner
BOARD AGENDA
March 8, 2012
4:00 pm
Board of Commissioners Room
440 Turk Street
San Francisco Ca. 94102
(415) 715-3280
Henry A. Alvarez III
Executive Director
.The Mission of the S
“
The Mission of the San Francisco Housing Authority is to deliver safe and decent
housing for low income households and integrate economic opportunity for
residents.”
2
Table of Contents
MEETING NOTICE................................................................................................................................3
PUBLIC NOTICES NOT ON THE AGENDA: LIMITED MINUTES……………..……….….….6
TENANT REPRESENTATIVE REPORT: ……………...………………….…………….…….……8
REGULAR BUSINESS AGENDA……………………………………………………………….…….9
COMMISSIONER’COMMENT…………………………………………………….………………..24
CLOSED SESSION…………………………………………………………………………………….25
3
EDW I N M. L E E , MA Y O R
SA N F R A N C I S C O HO U S I N G AU T H O R I T Y R E V . AM O S C BR OW N , PR E S I D E N T
SAN FRANCISCO HOUSING AUTHORITY
Mirian Saez, Vice President
Micah Allen, Commissioner
Dr. Veronica Hunnicutt, Commissioner
Ahsha Safai, Commissioner
Matthew Schwartz, Commissioner Dorothy Smith, Commissioner
Henry A. Alvarez III, Executive Director
440 TURK STREET
SAN FRANCISCO, California 94102 www.sfha.org
MEETING NOTICE
Thursday, March 8, 2012·4:00 p.m.
1. The San Francisco Housing Authority holds its meetings at 440 Turk Street, San Francisco, California 94102.
2. Disability Access: 440 Turk Street is accessible to persons using wheelchairs and others with disabilities. Assistive listening devices are
available upon request. Agendas are available in large print. Materials in alternative formats and/or American Sign Language interpreters will be made available upon request. Please make your request for alternative format or other accommodations to the Office
of the Ombudsman and Communication (415) 715-3232 (V); (415) 715-3280 (“TTDY”) at least 72 hours prior to the meeting to help
ensure availability.
3. The closest accessible BART station is Civic Center, three blocks from City Hall. Accessible MUNI lines serving this location are: #47
Van Ness, #49 Van Ness, #71 Haight/Noriega, #5 Fulton, #21 Hayes, 36 Parnassus, #7 Haight, the F Line to Market and Van Ness and any line serving the Metro Stations at Van Ness and Market and at Civic Center. For more information about MUNI accessible services,
call 415-673-6142. There is accessible parking across the street from City Hall at Civic Center Garage as well as across the street from
the Federal Building on Larkin.
4. Agenda, minutes and attachments are available at www.sfha.org as well as the San Francisco Housing Authority Administrative Office
located at 1815 Egbert Avenue, San Francisco, California 94124. If any materials related to an item on this agenda have been distributed to the San Francisco Housing Authority Board of Commission after distribution of the agenda packet, those materials are available for
public inspection during normal office hours at the San Francisco Housing Authority at 1815 Egbert Street San Francisco CA 94124
5. In order to assist the San Francisco Housing Authority’s efforts to accommodate persons with severe allergies, environmental illness,
multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the San Francisco Housing Authority accommodate these individuals.
6. The use of electronic sound-producing devices at/during public meetings is prohibited. Please be advised that the meeting President may remove any person(s) responsible for the ringing or use of cell phones, pagers and similar sound-producing electronic devices from the
meeting room.
7. Requests for public comment may be heard on items not on the agenda as well as after staff presentation on any Regular Agenda Item.
Speakers at Board meetings are requested, but not required, to identify themselves and fill out cards placed on the table at the entrance door. When the Board considers policy, which has not been considered by a committee, testimony is welcome during the Public
Comment portion of the meeting. Testimony is not permitted when an opportunity has been given at a committee hearing for testimony
on an item. The public may address the Board for up to two minutes or four minutes for speakers who require an interpreter, or unless otherwise approved by the Board of Commissioners. The President, or the Board, may limit the total testimony to 30 minutes. The
Board may not take action on a new proposal, which is not on the agenda.
4
----------------------------------------------------------------------------------------------------
AGENDA -------------------------------------------------------------------------------------------------------------------------------
ORDER OF BUSINESS
1. Call to order and roll call
2. Approval of agenda
3. Public comments on items not on the agenda: limited minutes
Note: This portion of the agenda is not intended for debate or discussion with the Commission or staff.
Please simply state your business or the matter you wish the Commission or staff to be aware of. It is not
appropriate for commissioners to engage in a debate or respond on issues not properly set in a publicly
noticed meeting agenda. If you have questions or would like to bring a matter to the Commissions’ attention,
please contact the Executive Office of the San Francisco Housing Authority at [email protected].
4. Secretary’s Report
a. Response to Public Comments
5. Tenant representative report:
a. City Wide Council - senior/disabled (“CCSD”)
b. Public Housing Tenants Association (“PHTA”)
6. Regular Business: Public comment will be taken after staff presentation on each agenda item. Speakers
are encouraged to complete a comment card. Speakers will be limited to two minutes or four minutes for
speakers who require an interpreter.
a. Consent items
1) Approval of Minutes: February 23, 2012 Meeting
Public Comment
b. Action item
1) [Resolution Authorizing The Executive Director To Enter Into An Intergovernmental
Agreement With The Department Of Public Works For Tree Maintenance And
Improvement Services At San Francisco Housing Developments In An Amount Not To
Exceed $120,000.] Presented by James Mark, Senior Project Manager, Housing
Development & Modernization
Public Comment
5
2) [Resolution Authorizing The Executive Director To Execute The Declaration Of
Restrictive Covenants For The Development And Operation Of Housing As A
Condition Of The California Department Of Housing And Community Development
Infill Infrastructure Grant Program For The Hunters View Phase IB Project.] Presented by Barbara Smith, Housing Development & Modernization Manager
Public Comment
7. Commissioner’s comment
8. Closed session
Public Comment
A closed session will be held pursuant to Government Code section 54956.9 to receive
advice from legal counsel on matters pertaining to settlement of Workers Compensation
Claims for: Deborah Burl-Scott – (Property Manager) Albert Robinson -(Laborer) Nikolao
Ufau – (Laborer) Barry Hazen- (Steamfitter) and Roberto Lechuga (Custodian)
9. Adjournment
6
PUBLIC COMMENTS ON
ITEMS NOT ON THE AGENDA: LIMITED MINUTES
Note: This portion of the agenda is not intended for debate or discussion with the
Commission or staff. Please simply state your business or the matter you wish the
Commission or staff to be aware of. It is not appropriate for commissioners to engage in a
debate or respond on issues not properly set in a publicly noticed meeting agenda. If you
have questions or would like to bring a matter to the Commissions’ attention, please
contact the Executive Office of the San Francisco Housing Authority at [email protected].
7
SECRETARY’S REPORT
8
TENANT REPRESENTATIVE REPORT:
a. City Wide Council - Senior/Disabled (“CCSD”)
b. Public Housing Tenants Association (“PHTA”)
9
REGULAR BUSINESS AGENDA: Public comment will be taken after staff presentation on each agenda item. Speakers are encouraged to
complete a comment card. Speakers will be limited to two minutes or four minutes for speakers who require
an interpreter.
a. Consent items
1) Approval of Minutes: February 23, 2012 Meeting
Public Comment
b. Action items
1) [Resolution Authorizing The Executive Director To Enter Into An Intergovernmental
Agreement With The Department Of Public Works For Tree Maintenance And
Improvement Services At San Francisco Housing Developments In An Amount Not
To Exceed $120,000.] Presented by James Mark, Senior Project Manager, Housing
Development & Modernization
Public Comment
2) [Resolution Authorizing The Executive Director To Execute The Declaration Of
Restrictive Covenants For The Development And Operation Of Housing As A
Condition Of The California Department Of Housing And Community Development
Infill Infrastructure Grant Program For The Hunters View Phase IB Project.] Presented by Barbara Smith, Housing Development & Modernization Manager
Public Comment
10
MINUTES
SAN FRANCISCO HOUSING AUTHORITY
BOARD OF COMMISSIONERS MEETING
February 23, 2012
SCHEDULED: 4:00 p.m. at 440 Turk Street, San Francisco, CA 94102
COMMISSIONERS PRESENT: COMMISSIONERS ABSENT:
Rev. Amos C. Brown, Chair Micah Allen, Commissioner
Mirian Saez, Vice Chair arr: 4:15
Matthew Schwartz, Commissioner
Ahsha Safai, Commissioner
Dorothy Smith, Commissioner
Dr. Veronica Hunnicutt, Commissioner
Michah Allen, Commissioner
Item 1: Meeting called to order
President Rev. Amos Brown called meeting to order at 4:05pm
Item 2: Approval of Agenda
Motion: Commissioner Dr. Veronica Hunnicutt moved to approve agenda
Commissioner Micah Allen seconded motion
Vote: All approved
Item 3: Public Comments on items not on the agenda
None
Item 4: Secretary’s Report
Henry A. Alvarez III reported that the next residential income management review from
HUD will start at the end of March to review the Section 8 program. They will send in their
national team due to trying to quickly correct things for the SEMAP certification and to
move the section 8 program back into the normal realm.
Item 5: Tenant Representative Report
1. Citywide Council Senior Disabled (CCSD)
Beverly Saba, President of Resident Advisory Board reported that joint boards PHTA/
CCSD would like to establish a computer generated system-wide maintenance log that is
submitted to the commissioners at least every 3 months. Beverly Saba commended David
Rosario for putting them in contact with the Department of Aging and Adult Services who
11
has a grant to install computers. Ms. Saba mentioned that they are currently doing site
inspection to make sure that there is adequate security and space for the new installments.
Ms. Saba thanked Rufus Davis for putting CCSD in touch with the Ross Grant which is a
grant from HUD to provide hiring service coordinators for houses that currently do not
have them. Ms. Saba also stated that Rufus Davis has offered his expertise in assisting with
the grant. Ms. Saba thanked Pamela Palpallatoc and Tim Larsen for finalizing the MOU.
Ms. Saba also thanked Linda Martin-Mason and Phyllis Moore-Lewis for dealing with a
harassment issue. Ms. Saba also wanted to thank Pamela Palpallatoc and Mariposa Tuai for
assisting with the recall of elections.
2. Public Housing Tenants Association (PHTA)
Joyce Armstrong, President of the Public Housing Tenants Association reported that the
Board of Supervisors had a recognition ceremony for each district honoring Black History
Month. They also recognized fellow resident council member Georgia Willett, treasurer of
Alemany Resident Council. Ms. Armstrong reported that the PHTA will coordinate the
Mayor’s summer youth lunch program through the Department of Children, Youth and
Families along with SFHA. Lastly Ms. Armstrong asked the commissioners if they have
visited or driven through any of the family developments and have they seen what
conditions they are in?
Item 6: Regular Business
A. Consent Items
Minutes
o Minutes of regular Board meeting held on February 9, 2012
Motion: Commissioner Schwartz moved to accept minutes
Commissioner Hunnicutt seconded the motion
Vote: All approved
B. Action Items
1. [Informational Presentation: Update on Potential Project Based Voucher
Conversion at Four Properties.] Presented by: Barbara Smith, Housing
development and Modernization
Barbara Smith gave details on potential project base voucher conversion at 4
properties.
Commissisoner Safai asked how does the conversion affect the residents. Also
Safai stated that there needs to be a clear plan of action on who would be a partner
that works with employing residents. He stated that SFHA should get local
developer partners to work with more than one development.
Commissioner Hunnicut asked how improvements would be made without the
displacement of residents
12
Ms. Smith responded that through communication, assistance and available space there
will be no need for resident displacement. Emergency apartments will be available as
well as people there to assist the residents through the process.
Commissioner Matthew Schwartz asked how the SFHA would tell HUD that they need
to convert the units.
Ms. Smith responded that SFHA could convince HUD by telling them that we have
exhausted all other ways to address the needs and stabilize the properties. Ms. Smith
stated that they would seriously consider it but it was no guarantee
Commissioner Saez asked what the cost was per unit would the people currently living
there have access to a portable voucher and would we expect voucher allocations
Smith Responded $84,000 per unit after 12 months the tenant could request a tenant
voucher.
2. [Results of Operations for the Period Ended December 31, 2011.] Presented by
Virgilio Chua, Finance Manager, Finance Department
Virgilio Chua Presented the overall result of operation for the (3) months ended
December 31, 2011 and the Tenant Accounts Receivable (TARs) as of January 31,
2012.
Commissioner Matthew Schwartz stated that there are some sources that may offset
current negative income of programs and asked where do you project we will be by
the end of the year.
Mr. Chua responded that the authority is anticipating close to a balance operation
stating that there may be a deficit but not material enough to contribute to the
operating result or deficit in the various programs
Public Comment: none
Unidentified speaker asked if this information is posted somewhere publically.
President Brown responded that it is posted
3. [Recommendation Pertaining to the Brown Act and Time Limitations for
Public Comment.] Presented by Tim Larsen, Office of the General Counsel,
General Counsel
Tim Larsen, Office of general Counsel stated that at the last commission meeting
commissioner Hunnicutt asked can a member of the public speak on the same topic
twice. Mr. Larsen’s response was that it is the discretion of the board. The second
question asked at the previous meeting was for a recommendation with respect to
the yielding of time which is also at the discretion of the board. Mr. Larsen stated
that the commission’s current preamble is in the confines of the parameters of the
law to enforce the non-yielding of time if it is the will of the board.
13
Commissioners all agreed that the yielding of time should not be allowed.
Public Comment: none
Motion: Commissioner Schwartz moved to adopt the resolution
Commissioner Hunnicutt seconded the motion
Vote: all approved
Item 7: Commissioners Comments
Commissioner Schwartz informed the board of a NAHRO legislative conference in
Washington D.C. 3/25/2012-3/28/2012
Commissioner Allen stated that today is the last day to register early
President Brown informed the board that next Wednesday at 6:00 there will be a
ceremony at St. Mary’s Cathedral where many of the residents of the housing
authority will be honored for their academic achievement
Commissioner Smith mentioned her granddaughter will be honored at this
ceremony
Commissioner Safai commended staff for their hard work with the Joint Labor
Management Committee. Commissioner Safai also stated that the he might ask the
body to take an official position regarding the approved medical marijuana
cannabis clubs close to schools which is effecting the youth.
Item 8: Closed Session: none
Item 9: Adjournment by consensus 17:05
14
AGENDA
SAN FRANCISCO HOUSING AUTHORITY BOARD OF COMMISSIONERS
Agenda Category: Action- Housing Development & Modernization Department_____________
Agenda Title: Intergovernmental Agreement with the Department of Public Works (DPW) for
Tree Maintenance and Improvement Services at San Francisco Housing
Developments in an Amount Not to Exceed $120,000
Presented By: James Mark, Senior Project Manager, Housing Development & Modernization
SUMMARY
Trees at San Francisco Housing Authority (SFHA) developments require continued inspection,
pruning and removal for safety reasons. This interagency agreement replaces an existing tree
maintenance services interagency agreement that was recently exhausted.
The Housing Development & Modernization Department (HD&Mod) and Public Housing
Operations developed the scope of work. Work under this contract will generally include, but not
be limited to, the following tasks:
a. Survey sites;
b. Excavate and remove tree roots that are likely to uplift sidewalks;
c. Remove dead trees; and
d. Remove and trim tree branches that are at risk of falling or that are touching electric
lines and buildings.
(continued on Page 2)
Attachments: Resolution
Attachment A: Bid Solicitation Process
A copy of any attached documents are available at the clerk’s desk.
DEPARTMENTS REQUESTED ACTION:
Staff recommends adoption of this Resolution.
EXECUTIVE DIRECTOR’S RECOMMENDATION:
I concur with the requested action.
Agenda Item No. _____
Date: __________
15
A partial list of the developments where tree maintenance and improvement work will occur is
shown below.
$38,672.00 Potrero Terrace
11,826.88 Ping Yuen (795 Pacific)
10,318.56 Ping Yuen (895 Pacific)
11,205.44 Ping Yuen (655 Pacific)
26,555.56 Ping Yuen North (838 Pacific)
13,267.49 Woodside Gardens
8,154.07 Contingency and emergency response
$120,000 Total
In the past, DPW has consistently hired full-time residents of SFHA and is committed to exceeding
the 25% resident hiring contractual requirements.
The capital improvements will benefit the Authority’s real property assets, improve safety and add
longevity to the trees at these housing developments.
The tree maintenance and improvement services activity is funded in the 2011 CFP Program
budget.
207\17\1102801.1
ATTACHMENT A
BID SOLICITATION PROCESS
An intergovernmental agreement is permitted to be used under HUD Handbook #7460.8 REV 2,
14.2, “Procurement Handbook for Public Housing Agencies and Indian Housing Authorities”,
the San Francisco Housing Authority Procurement Policy Manual, and the State of California,
and local laws.
The Intergovernmental Agreement will be used for typical common tree cutting, tree trimming
and tree planting services that Department of Public Works (DPW) typically provides for San
Francisco.
HD&Mod hired an independent engineering firm who reviewed and provided an independent
cost estimate and a price analysis. Associated costs submitted for the tree maintenance and
improvement services are considered fair and reasonable. Although costs are somewhat similar
when acquired through the bidding process, hidden savings occur in consulting fees, bid
advertisements and printing.
According to past tree maintenance service projects performed by DPW for the SFHA, DPW is
responsible with a good record and has a lot of tree maintenance experience. DPW has
performed well on similar projects for the SFHA and has a good history of minimizing
contractor initiated change orders. DPW will also provide shredded bark at no charge.
A debarment check was made with California Department of Industrial Relationship and DPW is
not debarred from Federal Procurement and Non-Procurement work. DPW will provide a two-
year guarantee for materials and workmanship in compliance with Authority standards.
The Authority will issue an interagency agreement, following review and approval of this
agreement by the Procurement and Legal Department. The procurement process for the action
covered by this resolution meets the procurement standards of 24 CFR 85.36 “Procurement”,
HUD Handbook 7460.8 REV 2, “Procurement Handbook for Public Housing Agencies and
Indian Housing Authorities”, the San Francisco Housing Authority Procurement Policy Manual,
and the State of California, and local laws.
207\17\1102801.1
ATTACHMENT I - RESOLUTION
RESOLUTION No. ____________________
ADOPTED____________________________
RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH THE DEPARTMENT OF PUBLIC WORKS
FOR TREE MAINTENANCE AND IMPROVEMENT SERVICES AT SAN FRANCISCO
HOUSING DEVELOPMENTS IN AN AMOUNT NOT TO EXCEED $120,000
WHEREAS, The San Francisco Housing Authority provided an independent cost estimate and price
analysis for tree maintenance and improvement services at Housing Developments; and
WHEREAS, Department of Public Works submitted responsive and responsible proposal to maintain
trees at San Francisco Housing Developments; and
WHEREAS, these services are necessary to protect the health and welfare of residents and to preserve
the Authority’s real property assets; and
WHEREAS, funding is available through the HUD Year 2011 CFP Program budget; and
WHEREAS, the procurement process for those actions covered by this resolution meet the procurement
standards of 24 CFR 85.36 “Procurement”, HUD Handbook 7460.8 REV 2, “Procurement Handbook for
Public Housing Agencies and Indian Housing Authorities”, the San Francisco Housing Authority
Procurement Policy Manual and State of California and local laws; and
WHEREAS, all additional relevant documents submitted by Department of Public Works have been
reviewed and found to be in order; and
WHEREAS, Department of Public Works will meet the Resident Hiring requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE HOUSING
AUTHORITY OF THE CITY AND COUNTY OF SAN FRANCISCO THAT:
1. The Executive Director is authorized to enter into An Intergovernmental Agreement with Department
of Public Works for Tree maintenance and improvement services at San Francisco Housing
Developments in an amount Not-To-Exceed $120,000.
2. This resolution shall take effect immediately.
APPROVED AS TO FORM AND LEGALITY: REVIEWED BY:
_________________________________
Tim Larsen, General Counsel Dr. Rev. Amos Brown
Date:_____________________________ Date:
AGENDA
SAN FRANCISCO HOUSING AUTHORITY BOARD OF COMMISSIONERS
Agenda Category: Action- Housing Development & Modernization Department
Agenda Title: Hunters View Phase 1B - Declaration of Restrictive Covenants -
Department of Housing and Community Development - Fee Encumbrance
Presented By: Barbara Smith, Housing Development & Modernization Manager
SUMMARY: (Attach Supporting Documents if Necessary)
This resolution authorizes the Executive Director to execute the Declaration of Restrictive
Covenants for the Development and Operation of Housing (the "Declaration") as required by the
California Department of Housing and Community Development ("HCD"), for Hunters View
Associates, L.P., a California limited partnership (the "Master Developer"), to construct one
hundred and twelve (112) housing units as part of Phase IB of the Hunters View Housing Project
(the "Project"). The Master Developer, in its application to HCD, represented that it would
construct such units on the Phase IB site, and applied for and received a grant from HCD to
finance certain infrastructure improvements under HCD's Infill Infrastructure Grant Program (the
"Program").
The Program requires the recordation of the Declaration for a minimum of fifty-five (55) years.
Since the Ground Lease for Phase IB is initially for only five-year, HCD is requiring the
recordation of the Declaration against the fee interest of the Authority's property, until a
regulatory agreement is recorded by a public agency restricting the Phase IB property to the uses
represented in the Master Developer's application to HCD.
Attachments: Attachment I – Resolution
A copy of any attached document is available at the clerk's desk.
DEPARTMENTS REQUESTED ACTION:
Staff recommends adoption of this Resolution.
EXECUTIVE DIRECTOR'S RECOMMENDATION:
I concur with this recommendation.
Agenda Item No. _____
Date: __________
This Action is required because it is a change from the Authority's policy. The Authority
normally does not permit the recordation of any liens against the fee interest in the Authority's
property for rental development. This was also the intent for the Phase IB project. Phase IB will
consist of one hundred and twelve (112) units of affordable rental and market rate rental or
ownership housing.
The Authority and the Master Developer intend to enter into a seventy-five (75) year ground
lease for the Project. However, the Master Developer requested and the Authority approved an
initial five-year ground lease for the Phase IB project, primarily so that the Master Developer
could (i) access the Grant funds to commence the construction of certain infrastructure
improvements on the Phase IB site, and (ii) to determine the configuration and types of units to
be constructed. The Master Developer has incurred certain costs related to the construction of
certain infrastructure improvements on the Phase IB site. Due to the short-term of Ground Lease
IB, HCD is requiring the recordation of the Declaration against the fee interest in property until
such time as regulatory agreement is recorded against the leasehold interest of the property for at
least 55 years, which will restrict the property to housing and which will name HCD as a third-
party beneficiary. Upon the recordation of the regulatory agreement by the Authority, the City
and County of San Francisco, and/or HUD, the Declaration will be released from the fee interest
of the property.
ATTACHMENT I - RESOLUTION
22
RESOLUTION NO. ____________________
ADOPTED____________________________
RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE
THE DECLARATION OF RESTRICTIVE COVENANTS FOR THE
DEVELOPMENT AND OPERATION OF HOUSING AS A CONDITION OF THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT INFILL INFRASTRUCTURE GRANT PROGRAM FOR THE
HUNTERS VIEW PHASE IB PROJECT
WHEREAS, on January 13, 2011, the Authority Commission approved Resolution No. 5538
authorizing the Executive Director of the Authority to negotiate and execute certain documents
and to submit such documents to the United States Department of Housing and Urban
Development ("HUD"), in connection with the development of Phase IA and part of Phase IB of
the Hunters View Housing Project;
WHEREAS, such submittals were primarily related to Phase IA of the Hunters View
Development (the "Development")and an initial Ground Lease Agreement for Phase IB of the
Development (the "Phase IB Project");
WHEREAS, the Hunters View Associates, L.P., a California limited partnership (the "Master
Developer") and the City and County of San Francisco, a municipal corporation (the "City")
received a grant in the amount of Thirty Million Dollars ($30,000,000) (the "Grant") under the
Infill Infrastructure Grant Program, which is administered by the California Department of
Housing and Community Development ("HCD"), to fund certain infrastructure improvements of
the Development;
WHEREAS, the Authority and the Master Developer entered into the Ground Lease IB for an
initial term of five years (with an one five year extension), primarily so that the construction of
the infrastructure improvements could commence on the Phase IB site and also to determine
which portion of the one hundred twelve (112) units in the Phase IB Project would be rental
housing versus ownership housing;
WHEREAS, HCD requires as a condition of providing Grant funds to the Phase IB Project, that
certain housing covenants as described in the Declaration of Restrictive Covenants for the
Development and Operation of Housing (the "Declaration") be recorded against the Phase IB
Project for a minimum of fifty-five (55) years to ensure the construction of the housing project as
indicated in the application submitted by the Master Developer and the City to HCD for the
Grant funds;
WHEREAS, due to the short-term of the Ground Lease for the Phase IB Project, HCD is
requiring the recordation of the Declaration against the fee interest of the property until such
time as the City, the Authority and/or HUD record a regulatory agreement with a minimum term
of fifty-five (55) years, against the leasehold interest in the Phase IB Project, which will require
the construction of the Phase IB Project, and which will name HCD as a third-party beneficiary;
23
WHEREAS, the Authority desires to approve the recordation of the Declaration against the fee
interest in the property, subject to certain conditions as provided in the Declaration, including the
conditions the HCD shall release the Declaration upon the recordation of a regulatory agreement
by the City, the Authority and/or HUD as described above;
WHEREAS, the Declaration shall be subject to the review and approval of HUD.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE HOUSING
AUTHORITY OF THE CITY AND COUNTY OF SAN FRANCISCO THAT:
1. The Commission finds the above recitals true and accurate.
2. The Commission hereby approves and authorizes the Executive Director, or his designee,
to execute the Declaration of Restrictive Covenants for the Development and Operation
of Housing, in substantially the form on file with the Authority; and approves the
recordation of the Declaration against the fee interest of the Property subject to the
conditions as set forth in this Resolution.
3. This Resolution shall take effect immediately.
APPROVED AS TO FORM AND LEGALITY: REVIEWED BY:
__________________________________
Timquin Larsen, General Counsel Dr. Rev. Amos Brown
Date: _____________________________ Date:
24
COMMISSIONER’S COMMENT
25
CLOSED SESSION
A closed session will be held pursuant to Government Code section 54956.9 to receive
advice from legal counsel on matters pertaining to settlement of Workers Compensation
Claims for: Deborah Burl-Scott – (Property Manager) Albert Robinson-(Laborer)
Nikolao Ufau – (Laborer) Barry Hazen- (Steamfitter) and Roberto Lechuga (Custodian)
26
ADJOURNMENT