Loading...
1979-0925_ORANGE, COUNTY OF_Cooperation Agreement COOPERATION AGREEMENT 1 THIS AGREEMENT is entered into this day of 2 191q. 3 BY AND BETWEEN 4 CITY OF San Juan Capistrano a municipal corporation, hereinafter referred to as CITY, 5 AND 6 ' COUNTY OF ORANGE, a political subdivision of 7 the State of California and recognized Urban County under the Federal Housing and Community 8 Development Act of 1974 6 1977, hereinafter referred to as COUNTY. 9 10 WHEREAS, Title I of the Housing and Community Development Acts of 1974 and 11 1977, hereinafter referred to as ACT, makes available to cities under 50,000 popula- 12 tion and the unincorporated area of the County of Orange certain sums to be used for 13 a broad range of Housing and Community Development activities, and 14 WHEREAS, said ACT authorizes such cities and said COUNTY to enter into 15 cooperation agreements in order to cooperate in undertaking or assisting in under- 16 taking, essential community development and housing assistance activities, specifi- 17 cally urban renewal and publicly assisted housing; 18 NOW, THEREFORE, the parties agree as follows: 19 1. This Agreement shall constitute a cooperation agreement between the 20 parties within the meaning of Section 102(a)(b) of the ACT. The parties agree to 21 cooperate in the undertaking, or assisting in undertaking, essential community 22 development and housing assistance activities, specifically urban renewal and publicly 23 assisted housing. 24 2. COUNTY shall be responsible for the preparation, adoption and submission 25 of an Urban County Application to the Department of Housing and Urban Development, 26 hereinafter "HUD." In the preparation of said application, COUNTY-shall give due 27 consideration to CITY's analysis of community development needs and proposed activ- 28 hies. EXHIBIT A' 1 3. CITY shall comply with the COUNTY's community development program and 2 the Housing Assistance Plan, and all laws, regulations and policies applicable to 3 ! said grant. 4 A. In the event COUNTY's Urban County application is approved by HUD, 5 COUNTY shall contract with the CITY to utilize any such grant funds received 6 from HUD which are attributable to activities conducted by CITY, unless another 7 form of distribution is required by HUD. 8 5. This agreement shall be for the 6th year Block Grant application, and g subsequent years application unless CITY notifies COUNTY in writing of its intent 10 to terminate. In no event shall this agreement be terminated before one year from 11 the date the Federal Department of Housing and Urban Development approves the COUNTY's 12 most recent Block Grant application for which CITY has submitted a proposal. 13 6. The activities to be undertaken during the term of this Agreement will 14 be chosen by CITY from the following listing: 15 a. Acquisition of Real Property b. Public Works, Facilities, Site Improvements 16 C. Code Enforcement d. Clearance, Demolition, Rehabilitation 17 e. Rehabilitation Loans and Grants f. Special Projects for Elderly and Handicapped 18 g. Payments for Loss of Rental Income h. Disposition of Real Property 19 1. Provision of Public Services j. Payment of Non-Federal Shares 20 k. Completion of Urban Renewal Projects 1. Relocation Payments and Assistance 21 M. Planning and Management Development n. Administrative 22 o. Continuation of Model Cities Activities 23 7. a. CITY shall indemnify, hold harmless and defend COUNTY, its officers, 24 agents and employees against all liability, claims, losses, demands and actions for 25 injury to or death of persons or damage to property arising out of or alleged to arise 26 out or in consequence of this Agreement, provided such liability, claims, demands, 27 losses or actions are claimed to be due to the acts or omissions of CITY, its offi- 2$ cers, agents or employees in the performance of this Agreement, including any -2- I activities conducted by CITY under its application. 2 b. In addition, CITY shall indemnify and hold harmless COUN'T'Y against 3 any liability, claims, losses, demands, and actions incurred by COUNTY as result of 4 a determination by HUD that activities undertaken under CITY's application failed to 5 comply with any laws, regulations, or policies applicable thereto or that any funds 6 forwarded to CITY under this Agreement were improperly expended. 7 C. The provisions of paragraphs 1 , 3, 4, 5, 6 and 7 of Section 2778 8 of the California Civil Code, as said section exists on the effective date of this g Agreement, shall be applicable to the above indemnification provisions. Transmittal 10 to CITY of any pleadings served upon COUNTY shall be deemed to be a request to 11 defend. 12 S. COUNTY shall have the right to audit CITY's records to determine com- 13 pliance with this Agreement. 14 15 1// 16 17 111 18 19 20 111 21 22 23 24 25 26 /1/ 27 /// L2$ //! -3- 1 IN WITNESS T1IEREOF, CITY has caused this agreement to be executed by its 2 Mayor and attested by its Clerk and COUNTY has caused this contract to be executed 3 by the Chairman of the Board of Supervisors and attested by its Clerk, all having 4 been duly authorized by the City Council of CITY and the Orange County Board of 5 Supervisors. 6 CITY OF SAN JUAN CAPISTRANO 8 Dated: September 5 1979 B z J� KENNETH E. FRIES , MAYOR 9 ATTEST: 10 11 �lt�f � '��y�G?. t_ City Clerk 12 13 Approved to form: City Attorney forythpyCity of 14 By 15 L 16 COUNTY OF ORANGE', a political subdivision 17 of the State of California 18 SEP 2 5 1979 19 Dated: BY f _ Chairman of the Board of Supervisors 20 ATTEST: 21 22 JUNE ALEXANDER 23 Clerk of the Board of Supervisors 24 of Orange County, California APPROVED AS TO FORM: 25 ADRIAN KUYPER, County Counsel 26 ORANGE COUNTY, CALIFORNIA —, 27 By 28 11/cn AP:doc1167.(7) -4- • i U.S. Department of Housing and Urban Development Community Development Block Grant Entitlement Grants Program Assurances The applicant hereby assures and certifies that: (a) It possesses. legal authority to apply for the grant, and to execute the proposed program. (b) Its governing body has duly adopted or passed as an official. act a reso- lution, motion or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional informa- tion as may be required. (c) It has complied with all the requirements of OMB Circular No. A-95 as modified by 24 CFR 570. 310 and that either : (1) Any comments and recommendations made by or through clearinghouses are attached and have been considered prior to submission of the application; or (2) The required procedures have been followed and no comments or recommenda- tions have been received. (d) Prior to submission of its application, the applicant has: (1 ) Prepared a written citizen participation plan, which: ( i) Provides an opportunity for citizens to participate in the development of the application, encourages the submission of views and proposals, particularly by residents of blighted neighborhoods and citizens of low- and moderate-income, provides for timely responses to the proposals submitted , and schedules hearings at times and locations which permit broad participation; ( ii ) Provides citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, and other important program require- ments; ( iii) Provides for public hearings to obtain the views of citizens on commu- nity development and housing needs; and ( iv) Provides citizens with an opportunity to submit comments concerning the community development performance of the applicant. (2) Followed this plan in a manner to achieve full participation of citizens in development of the application. The applicant shall also follow this plan to achieve full citizen participation in all other stages of the program. (e) Its chief executive officer or other officer of applicant approved by HUD: ( 1 ) Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 insofar as the provisions of such Act opply to 24 CFR 570; (2) Is authorized and consents on behalf of the applicant an4- himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official . pale L of 4 HOD-7068 (6-7a) EXIIIBIT B (f) The Community Development, Program has been developed so as to give maxi- mum feasible priority to activities which will benefit low- and moderate- income families or aid in the prevention or elimination of slums or blight. (The requirement for this certification will not preclude the Secretary from approving an application where the applicant certifies, and the Secretary deter- mines, that all or part of the Community Development Program activities are designed to meet other community development needs having a particular urgency as specifically explained in the application in accordance with $570. 302( f) . ) (q) It will comply with the regulations, policies, guidelines and require- ments of OMS Circular No. A-102, Revised, and Federal Management Circular 74-4 as they relate to the application, acceptance, and use of Federal funds under 24 CFR 570. (h) It will administer and enforce the labor standards requirements set forth in 24 CFR 570.605 and- HUD regulations issued to implement such requirements. ( i) It will comply with all requirements imposed by HUD concerning special requirements of law, program requirements, and other administrative requirements, approved in accordance with OMD Circular No. A-102, Revised . (j ) It will comply with the provisions of Executive Order 11296, relating to evaluation of flood hazards and Executive Order 11288 relating to the prevention, control , and abatement of water pollution. (k) It will require every building or facility (other than a privately owned residential structure ) designed , constructed , or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible - to, and Usable by, the Physically Handicapp- ed, " Number A-117.1-R 1971 , subject to the exceptions contained in 41 CFR 101- 14.604 . The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. (1) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) , and the regu- lations issued pursuant thereto (24 CFR Part 1 ) , which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise sub- jected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure there- on is provided or imoroved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended , or for another purpose involving the provision of similar services or benefits. (2) Title VIII of the Civil slights Act of 1968 ( Pub. L. 90-284) , as amended, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing; and will take action to affirmatively further fair housing in the sale or rental of housing , the financing of housing, and the provision of brokerage services. (3) Section 109 of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto ( 2.4 CFR Part 570 .6011 , which provides that no person in the United States shall , on the grounds of race, color , national origin, or sex, be excluded from participation in, be denied the benefits of , or be sub- jected to discrimination under , any program or activity funded in whole or in part with funds provided under 24 criz 570. page 2 of 4 IIUD-7069 (6-78) (4) Executive Order 11063 on equal opportunity in housina and nondiscrimina- tion in the sale or rental of housing built with Federa) sssistance. (5) Executive Order 11246, and the regulations issued pursuant thereto ( 24 CFR Part 130 and 41 CFR Chapter 60) , and Section 4 (b) of the Gran; Agreement, which provides that no person shall be discriminated against on ttnc basis of race, color, religion, sex or national origin in all phases of employment baring the performance of Federal or federally assisted construction contracts. Contractors and subcontractors on Federal and federally assisted construction contracts shall take affirmative action to insure fair treatment in employment, upgrading, demo- tion, or transfer ; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation and selection for training and apprenticeship. (m) It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended , reauirinq that to the greatest extent feasible opportunities for training and employment be given to lower-income residents of the project area and contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing in the area of the project. (n) It will: (1 ) To the greatest extent practicable under State law, comply with Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the Uni- form Relocation Assistance and Peal Property Acquisition Policies Act of 1970 and will comply with Sections 303 and 304 of Title III, and HUD implementing instruc- tions at 24 CFR Part 42; and (2) Inform affected persons of their rights and of the acquisition policies 'and procedures set forth in the regulations at 24 CFR Part 42 and $570.602(b) . (o) It will : (1) Comply with Title II (Uniform Relocation Assistance) of the Uniform Relo- cation Assistance and Real Property Acaqisition Policies Act of 1970 and HUD implementing regulations at 24 CFR Part 42 and S570.602(a) ; (2) Provide relocation payments and offer relocation assistance as described in Section 205 of the Uniform Relocation Assistance Act to all persons displaced as a result of acquisition of real property for an activity assisted under the Community- Development ©lock Grant program. Such payments and assistance shall be provided in a fair and consistent and equitable manner that insures that the relocation process does not result in different or separate treatment of such persons on account of race, color, religion, national origin, sex, or source of income; (3) Assure that, within a reasonable period of time prior to displacement, comparable decent, safe and sanitary replacement dwellings will be available to all displaced families and individuals and that the range of choices available I to such persons will not vary on account of their race, color, religion, national origin, sex, or source of income; and 4 Inform affected persons of the relocation assistance ( ) p policies and proce- dures set forth in the regulations at 24 CFR Part 42 and 24 CFR 570.602(a) . 1 (p) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. page 3 of 4 HUD-7069 (6-79) (g) It will comply with the provision.: of the Hatch. Act which limits the political activity of employees. ( r) It will give HUD and the Comptroller General through any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant. (s) It will insure that the facilities under its ownership, lease or supervi- sion which shall be utilized in the accomplishment of the program are not luted on the Environmental Protection Agency's ( EPA) list of Violating Facilities and that it will notify HUD of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (t) It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973. Pub. L. 93-234, 87 Stat. 975, approved December 31 , 1973. Section 103(a) required , on and after March 2, 1974 , the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area, that has been identi- fied by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. (u) It will , in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the. National Historic Preservation Act of 1966 ( 16 U.S.C. 470) , Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 ( 16 U.S.C. 469a-1, et. sea. ) by: (1) Consulting with the State Historic Preservation Officer to identify properties listed in or eligible for inclusion in the National Register of His- toric Places that are subject to adverse effects (see 36 CFR Part 800.8) by the ' proposed activity, and (2) complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. page 4 of 4 HUD-7068 (6-78) • V.S. awrtwo.,m r,:xnwc omc, , nn aa,-,u/,o, I f,f- �r OF /,, rLit::nNT �----- — - L; I.t 7kii T M IN I OF `. 4' � 4 t;O `JiiCA N DEVF LUn!�i NT C-C t,' .1UN1 f Y OLVC L01'%1,Ir,I BI GIIAN" FfIQG R Aad _ (,lty 0 S" ]D IiDUSiNG ASSIST At�'LAN an (.87J1StPr1RO Z. APPLICATIONI T NUMBER TABLE V • ANNUAL HOUSING ACTION i'ROGftAt>h R ANNUAL GOAL 3. PERIOD OF APPLICABILITY 4' El) ORIGINAL KEY FROM TO I I PUNCH O REVISION, D.:TE __ _ 1980 1981 CODE E O AMENDMENT, DATE _ NUMBER OF LOWER INCOME HOUSEHOLDS TO BE AS3ISTED ELDERLY SMALL LARGE 11-2wsonr/ FAMILY FAMILY TYPES AND SOURCES OF HOUSING ASSISTANCE TO'ML AND HANDI- CAPPED J Porro...) parsons) - fat (bl (c) "(dl !ai _ i 1 A. Total Goals for Housing Assistance for Itomeovunars 10 3 4 3 I Gmn of lines 1 and 51 I. New Construction Ass islanee for Homeowners z 0 0 0 0 (tum o/lines?end JJ j HUD Ass is lett Programs -- -_- - -_-------0 -- 0 -- 4 Other• 0 0 0 0 i 5 2. Rehabilitation Assinance for Homeowners Gvm of/;nes 6, T end 61 _ 3 g Community Development Block Grants 10 3 4 3 T HUD Assisted Proyrams 0 0 0 _g.—__Other'—_.___- __. — 0 g 0. Total Goals for Housing Assistance for Rooms (rum of lines 10, 13, t6 and 221 73 14 46 13 10 1. Ass istanca for Pimpacsive Homeowners t From o/fines_1 f + 121 11 _ HUD Assisted Programs ^!- _ 0 11 Other' 13 2. New Ramal Units (rmn of liner 14 and 151 0 0 0 0 14 HUD Assisted Prog.orns (j D I Is her 0 0 n -- 16 3. Rehabilitation of Rental Units burn of liner 17, 18 and 21) 20 6 11 3 }1 Community Oev?lopment Block Grants 20 6 11 3 1E 1{Up Assisted Programs(sum of lines 14 +201 Q 0 Y n' 0 19 Substentof F.ehab,hcation 0 _�-- ---0 --�-- — 0 Q ZO Section 8 Eratin9 with Moderate Rehabilitation _0_ 0 0 21 Other' _ 0 0 0 0 72 4, EztIllog Rental Units (rum of Liner 23 +26) 53 8 35 10 ?3 —HUD Assisted Progr rrns from of liner 14 +251 53 _8 V 35 10 70 With Repair 0 D 0 0 26 withoutRepsit .__._ .___. __..._____ . ._. 5 3_� 8" 35 10 76 Other• NARRATIVE (Attach additional sheets if necessoay and identify with iterrrs above) 1. Footnote units to be provided specifically for the handicapped. 2. Describe the programs listed under this category. 3. Describe those actions necessary to facilitate the accomplishment of the goals. Incremental Year of Submission -- -- Tables I, 11 and I V of the Three Year HAP approved _Jujy-y ]979 are [� 1 @ 2 3 incorporated by reference and are not contained in this (second) (Raaf) year submission. I _ Pnvom Emtion n Owoleh, HUD 7005 (10 76) r-XII7131'F C SIXTH YEAR HOUSING AND COMMUNITY DEVELOPMENT GRANT PROPOSAL SUMMARY The City of San Juan Capistrano, in a continuing effort to implement the Los Rios Precise Plan, is applying for $465,000 of Housing and Community Development Block Grant funds during the sixth year program. The Comprehensive Strategy Program attached outlines the projects necessary to implement the precise plan. The components of the Sixth Year Program include public improvements, housing rehabilitation, and land acquisition. These projects are described as follows: A. Public Improvements - The City has completed the first phase of the public improvements program and has started initial design work on the second phase. We are requesting an additional $40,000 for the sixth year to complete public improvements to Ramos Street. B. Housing Rehabilitation - A Housing Rehabilitation Loan Program has been established through Security Pacific National Bank. The program has been allocated a total of $100,000 during years 4-5 (1978-1979) . An additional $50,000 is requested in order to continue this program. C. Property Acquisition and Development - The Los Rios Precise Plan recommends that a non-profit housing corporation be established to implement the Housing Program outlined in the Plan. Implementation of the Planned Housing District ("Little Hollywood") is an integral part of the Los Rios Housing Program. During Year 5 of the HCDBG Program, the City was allocated $180,000 to initiate land acquisition in the District. Approximately 4:0+ acres would be acquired during the second phase with an estimated market value of $375,000. The total cost for property acquisition and development is estimated to be $555,000. The amount of funding necessary for land acquisition will become more accurate upon completion of an appraisal of the property. Ln order to complete the acquisitions during Year 6, $375,000 is required. In addition to the $465,000 0£ HCDA funds requested for sixth year, the City will absorb all administrative, engineering, and planning costs connected with this program. This has been done in order to utilize all of the block grant funds for the implementation of the Los Rios Precise Plan. The City also has budgeted $50,000 for fiscal year 1980-1981 to implement the grant application. Supporting Data Attached is a copy of the Los Rios Precise-Plan which is the result of a 21-month planning study of the needs, goals, and objectives for the development of the Los Rios area. Also attached is a Building Survey of the Los Rios area conducted as background information for the precise plan. Maps I, II, and III indicate the HCDA funded projects completed, in progress, and proposed for sixth year. EXHIBIT D s Form Approved OMB No.60-R1619 U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT ANNUAL COMMUNITY DEVELOPMENT PROGRAM County of Orange 2, APPLICATION/GRANT NUMBER PROJECT SUMMARY r 0. PERIOD OF APPLICABILITY — -- a. ORIGINAL /eecA yoerJ FROM TO (� REVISION,DATED July 1, '1980 June 30 1981 1 AMENDMENT,DATED — 6. NAME OF PROJECT 6.PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Housing Rehabilitation Loan Program E12. 1 S. ENTITY WITH nESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of San Juan Capistrano 10. DESCRIPTION OF PROJECT Continuation of Housing Rehabilitation Loan Program which will provide low- interest loans and fix-up,grants to preserve existing residential structures . O Check if continued on additional page(s)and attach. 17. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 423.04 12. ANTICIPATED ACCOMPLISHMENTS Maintain existing low to moderate income housing for Los Rios neighborliood. , El Check if continued on additional pages/and attach. 10. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS lin thousandso/S) (List camponenf activities using names o/activiries shown CDBG OTHER in Put A. COST SUM/.tAR Y, Form 14UD7067.1 LOW/MOD OTHER BENEFIT BENEFIT AMOUNT SOURCE (a) lel Icl (d) lel Housing rehabilitation_ _ $50.0 $ $ 10_0 local applicant 14. Totals $ $ $, _ 15. Total Costs To Be Paid With Community Development Block Grant runAs (Sum of Columns b and c1 S Repbcrs Form HUD 7015.1,which is Obsolete Page of pages HUD-7066 16.78) Form Approved OMB No.63 R1619 U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT ANNUAL COMMUNITY DEVELOPMENT PROGRAM County of Orange I. APPLICATION(GRAN(NUMBER PROJECT SUMMARY ! J. PERIOD OF APPLICABILITY ��pp�� <. IN ORIGINgL (OeCh y011) FROM TO ^Q REVISION,DATED July1 1 11) a AMENDMENT.DATED 6, NAME OF PROJECT �3 6.PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Housing Cost Reduction E12.2 B. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of San Juan Capistrano 714 334-7033 10. DESCRIPTION OF PROJECT _ Multi-Year Project Property acquisition for Phase II of the Housing Program to provide replacement housing for those dwellings located in the Planned Housing Development District ("Little Hollywood" area) to be administered by a non-profit housing corporation. The project location is bounded by Trabuco Creek, Ramos Street, Tract No. 103 and Tract 7196. 0 Check it continued on additional pages)and attach. 11, CENSUS TRAOTISI/ENUMERATION DISTRICT(S) 423.64 17. ANTICIPATED ACCOMPLISHMENTS Acquisition of property in order to provide new low-rent housing for current low and moderate income families. C] Check it continued on additional pages)and attach. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thowands o/$) (List component activities usingnames oLacti✓ities shown CDBG OTHER in Pa!(A• COSTSUMalARY. form HUD7067.) Low/MOD OTHER BENEFIT BENEFIT AMOUNT SOURCE (a) Of (c) All lel acquisition of real property $ 37$.0 $75.0 local applicant 14. Totals $ 37$.0 $ $ 15. Total Costs To Be Paid With Community Development Block Grant Funds (Sum of Columns b and e) S Repbcas Form HUD.7016,1•which iI Obtolata Page of Pages HUD 706616 7BI Form A pproveA OMD No,63 P1619 U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT ANNUAL COMMUNITY DEVELOPMENT PROGRAM County of Orange 2. APPLICATION/GRANT NUMBER PROJECT SUMMARY + 3. PERIOD OF APPLICADI LITV ryryyy -- 4. II]J OnIGINAL (mcA Yeed FROM TO r0E-ll REVISION, DATED Jul 1 1980 1 t_.� AMENDMENT,DATED 5. NAME OF PROJECT 6.PROJECT NUMBER 7. ENVIRONMENTAL RE VIEW STATUS Public Facilities and Improvements E12.3 a. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of San Juan Capistrano 10. DESCRIPTION OF PROJECT Extension of Ramos Street to Trabuco Creek which includes new street section and storm drain facility. 0 Check it continued on additional page(s)and attach. 11. CENSUS TRACT(S)/ENUMERATION DISTRICT($) 423.04 13. ANTICIPATED ACCOMPLISHMENTS Replace substandard and deteriorated street, and correction of current flooding problems . ED Check if continued on additional page($)and attach. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS lin thuu+endl C(Sl (L i+tcwnponent ectivirie+min,n nnw p(eelivitie+thown CDDG OTHER in Port A, COSTSUMMARY, Form HUD-7057.) LOW/MOD OTHER BENEFIT BENEFIT AMOUNT SOURCE !el (b) (c) !d) (e) Street improvements $40.0 $ _ $ 8.0 local applicant 14. Totals $ 40.0 $ $ •1'.. •' 15. Total Costs To Be Paid With Community Development Block Grant Funds (Sum of Columns b and c) $ Repbor Fo+m HUD-7015.1,which i+00+01.14 Page of pages HUD 706616-781 P10,ZCTS coAPI-It-r b ®® . public unprove nen j -� ` kk rA 0 LEGEND: �\�`- •� l � �,� � `I �� - _ � Y 5 3 LDR.Low Density ResKkxitel _ HR•Historic Residential •�{, l r d� . 1 1 LDC• Lnw D(�e^n;dy Comrnercial / -Open - - "1 ,"};• �" Q Hsto lY DWAct - Ptamed Horsing Distract 7' p ! Y - � ce.wisro si Los Nos Precise ;an -%CALE: l*-W Rif i c i a I Land lyse Map50 100150200 PAP,= PJ?C?JWS X PRCGRzrSS a ®e public lffipovemeK�s home rehab1/i•i�cWoi 17, yl� L Of LEGEND: 8 �I IDR•Low Demity Residential .. FR-Ifistoric Residental '�� � 1 {i. PB-Park Baiaar I �! LDC- Low Density CoounercialOS- Open Space 1,1' ❑ O Nstoric Disthct !1' LDC m ji ___ Ptarmd Housing District - s IN 1IhfI ,..♦w�r....w•wanu.,..,r.� %I� 2 1 J � r '�I L-_II �rwe.�•w.�.rw..r_ ..w I � . 1 IXl WRq 01 II 116 .. Ii.I M i � I I Los Hos Precise P-Ijan l SCALE„o fico l Land �s� Mai D 50 wwm OJFCTS PgOPOSEZ) ��\ \''� ■te��b/�c irr�rove�eny 1. home- rehab%i&fiei LDRCt ^i \ s7.. 1 rr1 ' \ �ILEGEND: lDR• Lav Density Residential HR-Fistoric Residential PB-Park Bazaar Density Convnercial LDC ltnv •,,� � �� 11�yyI os•op�n sp� D F6storic District I LDC t Flamed Rousing District � .. • —.yam g,y � _ _ 0l� x.ossro n I, Los os Pom %W Pin *4w% Amumcial Land Use Map 0 50 M1= MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA September 25 , 1979 IN RE : THIRD QUARTERLY REPORT ORANGE COUNTY COMMUNITY HOUSING CORPORATION On motion of Supervisor Riley, duly seconded and unanimously carried by Board members present , the proposed changes in the Orange County Community Housing Corporation contract for the H/CD Block Grant Program are approved and the County Counsel is directed to prepare contract revisions . The Third Quarterly Report is received and ordered filed and payment: of $9 , 000 . 00 for i_he period of September 1 , 1979 throug, November 31 , 1979 , is authorized as recommended by the Director of EMA in his letter dated September 25 , 1979 . IN RE : COOPERATION AGREEMENTS HOUSING AND COMMUNITY DEVELOPMENT VARIOUS CITIES + On not.i.on. of Supervisor Riley , duly seconded and unanimously carried by Board members present , the Chairman and the Clerk are author- ized to sign the Cooperation. Agreements , dated September 25 , 1979 , betwee the County of Orange and the Cities of Brea, Cypress , Irvine , Laguna Be.acl , La Habra, Los Alamitos , Placentia, San Juan Capistrano , Seal Beach, Stanton, Tustin and Yorba Linda for the Housing and Community Development Block Grant Program, dis f-10199.3 (12176) �,i • - • Contract No. C26445 i COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY HOUSI14G AND C'0MMUNITY DEVELOPMENT CONTRACT 1 TITLE OF PROJECT: Housing Cost Reduction (F12.2) 2 MEMORANDUM OF CONTRACT entered into this 17_/� day of , 3 1951. 4 BY AND BET14EEN 5 CITY OF SAN JUAN CAPISTRANO a municipal cor- poration, hereinafter referred to as CITY, 6 7 and 8 COUNTY OF ORANGE, a political subdivision of the State of California and recognized Urban 9 County under the Federal Housing and Communitv Development Act of 1974 & 1977 , hereinafter 10 referred to as COUNTY. 11 WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement, 12 dated September 25, 1979 in which both parties agreed to cooperate in the undertaking, 13 or assist in the undertaking, of community development and housing assistance activ- 14 ities, and 15 WHEREAS, the CITY has submitted to the COUNTY an application for funding of 16 a project(s) hereinafter described, and 17 WHEREAS, the COUNTY has entered into a separate agreement dated August 5 , 198C 18 with the U. S. Department of Housing and Urban Development (hereinafter designated as 19 HUD) to fund said project(s) under the Housing and Community Development Act of 1974 20 and 1977 (hereinafter referred to as ACT) . 21 NOW, THEREFORE, IT IS AGREED by and between the parties that the following 22 provisions as well as all applicable Federal, State and County laws and regulations 23 including the attached SPECIAL PROVISIONS, identified as EXHIBIT "A", are part of 24 this contract. 25 1. For the PURPOSES OF THIS CONTRACT the following definitions shall 26 apply: 27 a. Project Manager: The party responsible for, but whose responsibility 28 is not limited to the following: Contracting, monitoring and implementing the project. -1- • • Contract No. C26445 1 b. Director: The Director of the County of Orange Environmental 2 Management Agency. 3 c. Reimbursable Basis: The CITY will provide the funds for the project 4 and submit proof of payment to the COUNTY, whereby upon approval the COUNTY will 5 forward Community Development Block Grant funds to repay the CITY. 6 2. It is understood that the CITY is solely responsible for implementation 7 of the project(s) , described as: Housing Cost Reduction: to acquire real property 8 for Phase II of the CITY's housing program to lower the cost of low— and moderate— s income housing in the Little Hollywood Planned Housing Development district bounded 10 by Trabuco Creek, Mission Street, Ramos Street and west of Rios Street, as identified 11 in Exhibit B. 12 The CITY shall assure that the housing developed shall remain affordable 13 for a minimum of twenty years to persons and families earning less than 80% of 14 the COUNTY's median income as established by HUD on an annual basis. 15 It is agreed by all parties that funds shall be expended prior to December 16 31, 1981. In the event that the CITY has not submitted appropriate invoices for 17 all approved project costs funded by the Block Grant prior to December 31, 1981 , 18 this contract shall be subject to termination at the discretion of the COUNTY. 19 3. CITY agrees: 20 a. Any amendment(s) to this contract shall be submitted to and 21 approved by the COUNTY, prior to commencement by CITY of such project. 22 b. To act as Project Manager for said project(s) and to submit 23 any and all third—party contracts funded through this agreement to COUNTY for 24 review prior to award of such contracts by CITY. 25 c. To acknowledge responsibility for the design of projects funded 26 under this contract. 27 d. To maintain accounting records, official files, and other evi- 28 dence pertaining to costs incurred as required by all applicable HUD regulations , and —2— • • Contract No. C26445 1 all of these shall be accessible for the purposes of monitoring, surveys, audits and 2 examinations by duly authorized representatives of COUNTY or HUD. These records shall 3 be kept available at CITY'S office during the project's contract period and thereafter 4 for three (3) years from the date of final payment of HUD Community Development Block 5 Grant Funds. 6 e. That the Director, shall biannually evaluate the CITY's progress in 7 complying with the terms of this contract. CITY shall cooperate fully in 8 such evaluation. The Director shall report the findings of each evaluation 9 to the CITY and Orange County Board of Supervisors. If it is determined by the 10 Board of Supervisors that performance or progress on performance is unsatisfactory, 11 the Board of Supervisors may terminate the contract or withhold further funding 12 on the project pending resolution of the unsatisfactory conditions. In addition, 13 the Board of Supervisors may require reimbursement of any funds that it determines 14 to be improperly expended or not expended on the project in a timely manner. 15 f. That if it is subsequently determined by COUNTY or HUD 16 that funds were not expended in compliance with the applicable federal laws and 17 regulations, CITY will refund to COUNTY such sums as were improperly expended. 18 g. To assume responsibility for California Environmental Quality 19 Act compliance and to provide COUNTY with necessary information to comply with 20 the National Environmental Policy Act. 21 4. Project Funding: 22 a. This project will be financed as follows: 23 Block Grant Funds $300,000.00 (Three Hundred Thousand Dollars 24 and no/100) 25 County Funds $ -0 26 City Contribution $ 60,000.00(Sixty Thousand) 27 Dollars and no/100) 28 TOTAL $360,000.00 (Three Hundred Sixty Thousand) -3- (� Contract No. C26445 1 Dollars and no/100) . 2 b. COUNTY shall not be responsible for any costs which exceed the ap- 3 proved estimated project(s) cost funded by Block Grant. 4 c. Payment by the COUNTY to the CITY shall be on a reimbursable basis 5 unless CITY has been authorized and issued cash advances by COUNTY under this 6 agreement. 7 d. Cash advances requested by the CITY under this agreement shall be 8 made by the COUNTY to the CITY if the following conditions are met: 9 (1) The CITY has demonstrated to the Director through certifica- 10 tion in a form prescribed by the Director and subsequently through performance, its 11 willingness and ability to establish procedures that will minimize the time elapsing 12 between the receipt of funds and disbursement of such funds. 13 (2) The CITY certifies to the Director, that the CITY's financial 14 management system meets the standards for fund control and accountability prescribed 15 in Office of Management and Budget Circular No. A-102 as amended from time to time. 16 (3) The CITY complies with the cash advance procedures as shall be 17 required by the Financial Procedures of the Housing and Community Development Program 18 Office of County's Environmental Management Agency (hereinafter EMA). 19 If the CITY is subsequently found by DIRECTOR, to be in noncompliance with 20 4.d.(1) through 4.d.(3) CITY shall be paid pursuant to 4.c. 21 e. Reimbursable basis payments, as referred to in section 4.c. above, 22 and/or cash advances described in 4.d. above, shall be made in accordance with the 23 financial procedures of EMA. In the event of conflict between such financial pro- 24 cedures and any applicable statutes, rules or regulations of HUD, including Office of 25 Management and Budget Circular No. A-102, the latter shall prevail. 26 5. Neither COUNTY nor any officer nor employee thereof shall be respon- 27 sible for any damage or liability occurring by reason of any action or omission of 28 CITY or its agents, associates, contractors, subcontractors, materialmen, laborers, —4— • _ � Contract No. C26445 1 or any other persons, firms, or corporations furnishing or supplying work service, 2 materials, or supplies in connection with CITY's performance of this agreement and 3 from any and all claims and losses accruing or resulting to any persons, firm or 4 corporation for personal injuries or property damage resulting from or as a con- 5 sequence of, CITY's performance of this agreement under or in connection with any 6 work, authority or jurisdiction delegated to CITY under this contract. It is also 7 understood and agreed that, pursuant to California Government Code Section 895.4, 8 CITY shall fully indemnify, defend and hold COUNTY harmless from any liability 9 imposed for injury (as defined by California Government Code Section 810.8) occurring 10 by reason of any action or omission of CITY under or in connection with any work, 11 authority or jurisdiction delegated to CITY under this contract. CITY shall act in 12 an independent capacity and not as officers, employees or agents of COUNTY. 13 6. Neither CITY nor any officer nor employee thereof shall be responsible 14 for any damage or liability occurring by reason of any action or omission of COUNTY 15 under or in connection with any work, authority or jurisdiction not delegated to CITY 16 under the terms of this contract. It is also understood and agreed that, pursuant 17 to California Government Code Section 895.4 COUNTY shall fully indemnify, defend 18 and hold CITY harmless from any liability imposed for injury (as defined by 19 California Government Code Section 810.8) , occurring by reason of'any action 20 or omission of COUNTY under or in connection with any work, authority or jurisdiction 21 not delegated by CITY under this contract. 22 7. In the event of CITY's failure to comply with the provisions of this 23 contract , COUNTY may at its discretion withhold funds and/or reallocate funds 24 to another activity considered by the COUNTY to be in compliance with the ACT. 25 26 27 28 -5- i • • Contract No. 026445 1 IN WITNESS THEREOF, CITY has caused this contract to be executed by its 2 Mayor and attested by its Clerk; COUNTY has caused this contract to be executed by 3 the Chairman of the Board of Supervisors and certified by Clerk of the Board all 4 having been duly authorized by the City Council of CITY and the Orange County 5 Board of Supervisors. 6 CITY OF SAN JUAN CAPISTRANO 7 7 ' 8 Dated: January 20, 1981 6AAYP CC's 9 ARY F�USDORFER, MA R 10 ATTEST: ROVED AS TO FORM: 11 p 12 es S . Okazaki , C ' Attorney City Clerk 13 COUNTY OF ORANGE, a political subdivision of the Stat of California 14 15 16 Dated: By Chairman of the Board of Supervisors 17 COUNTY 18 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO 19 THE CHAIRMAN OF THE BOARD. 2 211 r], JUNE ALEXANDER 22 Clerk of the Board of Supervisors 23 of Orange County, California 24 APPROVED AS TO FORM: Z,--- } �-�0 ADRIAN KUYPER, County Counsel 25 ORANGE COUNTY, CALIFORNIA 26 27 By 28 H/cD i AP:dlc 158 4) -6— Exhibit "A" to COUNTY/CITY Contract SPECIAL PROVISIONS 1 A. Section 3 - Compliance With the Provision of Training Employment and 2 Business Opportunity 3 The CITY shall cause or require to be inserted in full in all contracts ) 4 and subcontracts for work financed in whole or part with federal financial assistance 5 provided under this Contract, the Section 3 clause set forth in 24 CFR 135.20(b). The 8 CITY will provide such copies of 24 CPR Part 135, as may be necessary for the informa- II, 7 tion of parties to contracts required to contain the said Section 3 clause. 8 Section 3 requires that to the greatest extent feasible, opportunities 9 for training and employment be given lower income residents of the project area and 10 contracts for work in connection with the project be awarded to business concerns 11 which are located in or owned in substantial part by persons residing in the area of 12 the project. 13 The parties to this contract will comply with the provisions of said 14 Section 3, and the regulations issued pursuant thereto by the Secretary of Housing 15 and Urban Development set forth in 24 CFR 135, and all applicable rules and orders 16 of the Department issued thereunder prior to the execution of this contract. The 17 CITY shall take appropriate action pursuant to the subcontract upon a finding that 18 the subcontractor is in violation of regulations issued by the Secretary of Housing 19 and Urban Development, 24 CFR 135. The contractor will not subcontract with any sub- 20 contractor where it has notice or knowledge that the letter has been found in vio- 21 lation of regulations under 24 CFR 135. The parties to this contract certify and 22 agree that they are under no contractual or other disability which would prevent them 23 from complying with these requirements. (Source: Vol. 38, No. 203, Title 24 CFR 24 135) 25 B. Equal Employment Opportunity 26 ' In carrying out the program, the CITY shall not discriminate against 27 any employee or applicant for employment because of race. color, religion, sex or 28 national origin. The CITY shall take affirmative action to insure that applicants Pave t of 13 1 for employment are employed and that employees are treated during employment, with- 2 out regard to their race, color, religion, sex or national origin. Such action shall 3 include, but not be limited to, the following: employment, upgrading, demotion or 4 transfer; recruitment or recruitment advertising; layoff or termination; rates of 5 pay or other form, compensation; and selection for training, including apprentice- 6 ship. The CITY shall post in conspicuous places, available to employees and appli- 7 cants for employment, wotices to be provided by the COUNTY setting forth the provi- 8 sions of this nondiscrimination clause. The CITY shall, in all solicitations or 9 advertisements for employees placed by or on behalf of the CITY, state that all 10 qualified applicants will receive consideration for employment without regard to 11 race, color, religion, sex or national origin. The CITY shall incorporate the fore- 12 going requirements of this paragraph in all of its contracts for program work and 13 will require all of its contractors for such work to incorporate such requirements 14 in all subcontracts for program work. Such contracts shall be subject to HUD Equal 15 Employment Opportunity regulations 24 CFR Part 130 as applicable to HUD assisted 16 construction contracts. 17 The CITY shall cause or require to be inserted in full in any non- exempt contract and subcontract for construction work or modification thereof, as 19 defined in said regulations which is paid for in whole or in part with assistance 20 under the Contract, the following equal opportunity clause: 21 "During the performance of this contract, the contractor agrees as 22 follows: 23 1. The contractor will not discriminate against any employee or ap- 24 plicant for employment because of race, color, religion, sex or national origin. 25 The contractor will take affirmative action to ensure that applicants are employed 26 and that employees are treated during employment, without regard to their race, 27 color, religion, sex, or national origin. Such action shall include, but not be 26 Page 2 of 13 1 limited to, the following: Employment, upgrading, demotion or transfer, recruitment 2 advertising, layoff or termination; rates of pay or other forms of compensation and 3 selection for training, Including apprenticeship. The contractor agrees to post in 4 conspicuous places, available to employees and applicants for employment, notices to 5 be provided by the CITY setting forth the provisions of this nondiscrimination 6 clause. 7 2. The Contractor will, in all solicitations or advertisements for 8 employees placed by or on behalf of the contractor state that all qualified appli- J cants will receive consideration for employment without regard to race, color, 10 religion, sex or national origin. 11 3. The contractor will send to each labor union or representative of 12 workers with which he has a collective bargaining agreement or other contract or 13 understanding, a notice advising the said labor anion or worker's representatives of 14 the contractor's commitment under Section 202 of Executive Order 11246 of September 15 24, 1965, and shall post copies of the notice in conspicuous places available to em- 16 ployees and applicants for employment. 17 4. The contractor will comply with all provisions of Executive Order 18 11246 of September 24, 1965 and of the rules, regulations and relevant orders of the 19 Secretary of Labor. Z0 5. The contractor will furnish all information and reports required by 21 Executive Order 11246 of September 24, 1965 and by the rules, regulations and order 22 of the Secretary of Labor or pursuant thereto and will permit access to his books, 23 records and accounts by the Department and the Secretary of Labor for purposes of in- 24 vestigation to ascertain compliance with such rules, regulations and orders. 25 6. In the event of the contractor's noncompliance with the nondis- 26 crimination clauses of this contract or with any of such rules, regulations or 27 orders, this contract may be canceled, terminated or suspended in whole or in part 28 and the contractor may be declared ineligible for further Government contracts Page 3 of 13 1 or federally assisted construction contract in accordance with procedures authorised 2 in Executive Order 11246 of September 24, 1965, or by rules. regulations or order of 3 the Secretary of Labor or as otherwise provided by law. 4 7. The contractor will include the portion of the sentence immediately 5 preceeding paragraph (1) beginning with the words "During the performance of..." and 6 the provisions of paragraphs (1) through (7) in every subcontract or purchase order 7 unless exempted by rules, regulations or orders of the Secretary of Labor issued 8 pursuant to Section 204 of the Executive Order 11246 of September 24, 1965, so that 9 such provisions will be binding upon each subcontractor or vendor. The contractor 10 will take such action with respect to any subcontract or purchase order as the 11 Department may direct as a means of enforcing such provisions, including sanctions 12 for noncompliance; provided, however, that in the event a contractor becomes involved 13 in, or is threatened with, litigation with a subcontractor or vendor as a result of 14 such direction by the Department the contractor may request the United States to en- 15 ter into such litigation to protect the interest of the United States." 16 The CITY further agrees that it will be bound by the above equal opportunity 17 clause with respect to its own employement practices when it participates in federally 18 assisted construction work. The above equal opportunity clause is not applicable to 19 any agency. instrumentality or subdivision of such CITY which does not participate in 20 work on or under the contract. 21 The CITY agrees that it will assist and cooperate actively with COUNTY, HUD 22 and the Secretary of Labor in obtaining the compliance of contractors and subcon- 23 tractors with the equal 'opportunity clause and the rules, regulations and relevant 24 orders of the Secretary of Labor; that it will furnish the COUNTY. HUD and the Secre- 25 tary of Labor such information as they may require for the supervisions of such com- 26 pliance; and that it will otherwise assist the above parties in the discharge of its 27 primary responsibility for securing compliance. 28 The CITY further agrees that it will refrain from entering into any con- Page 4 of 13 I tract or contract modification subject to Executive Order 11246 of September 24, 2 1965, with a contractor debarred from or who has not demonstrated eligibility for, 3 Government contracts and federally assisted construction contracts pursuant to the 4 executive order and will carry out such sanctions and penalties for violation of 5 equal opportunity clause as may be imposed upon contractors and subcontractors by 6 by HUD or the Secretary of Labor pursuant to Part II, Subpart B of the Executive 7 Order. In addition, the CITY agrees that if it fails or refuses to comply with these 8 undertakings, the COUNTY may take any or all of the following actions: Cancel, ter- 9 minate or suspend in whole or in part the grant or loan guarantee; refrain from ex- 10 tending any further assistance to the CITY under the program with respect to which 11 the failure or refusal occurred until satisfactory assurance of future compliance has 12 been received from such CONTRACTOR (Source: H/CD Funding Agreement 04 and Executive 13 Order 11246, Part II, Subpart B, Section 202) 14 C. Federal Labor Standards 15 Except with respect to the rehabilitation of residential property de- 16 signed for residential use for less than eight families, the CITY and all contractors 17 engaged under contracts in excess of $2,000 for the construction, prosecution, com- 18 pletion or repair of any building or work financed in whole or in part with assist- 19 ance provided under this contract, shall comply with HUD requirements pertaining to 20 such contracts and the applicable requirements of the regulations of the Department 21 of Labor under 29 CFR Parts 3 (Copeland Act), 5, and 5a (Davis-Bacon Act), governing 22 the payment of wages and the ratio of apprentices and trainees to journeymen: Pro- 23 vided, that if wage rates higher than those required under such regulations are im- 24 posed by state or local law, nothing hereunder is intended to relieve the CITY of its 25 obligation, if any, to require payment of the higher rates. The CITY shall cause or 26 require to be inserted in full, in all such contracts subject to such regulations, 27 provisions meeting the requirements of 29 CPR 5.5 and for such contracts in excess of 28 $10,000, 29 CPR 5a.3. The "Federal Labor Standards Provisions" (HUD 4010) are made Page 5 of 13 1 art of this contract. 2 No award of the contracts covered under this section of the contract 3 @hall be made to any contractor who is at the time ineligible under the provisions of 4 any applicable regulations of the Department of Labor to receive an award of such 5 contract. (Source: N/CD Funding Agreement V) 6 All documents submitted by the CITY to the COUNTY which are required 7 for compliance with the Federal Labor standards, shall be certified as being true, 8 accurate, and complete by the City Engineer or the Director of Public Works. 9 (Source: Orange County A/CD) 10 D. Non-Discrimination 11 The CITY in any activity directly or indirectly financed under this 12 contract, shall comply with: 13 1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and the 14 regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in 15 the United States shall on the grounds of race, color, or national origin, be exclu- 16 ded from participation In, be denied the benefits of, or be otherwise subjected to 17 discrimination under any program or activity for which the applicant receives Federal 18 financial assistance and will immediately take any measures necessary to effectuate 19 this assurance. If any real property or structure thereon is provided or improved 20 with the aid of Federal financial assistance extended to the applicant, this assurance 21 shall obligate the applicant, or in the case of any transfer of such property, any 22 transferee, for the period during which the real property or structure is used for 23 a purpose for which the Federal financial assistance is extended, or for another pur- 24 pose involving the provision of similar services or benefits. 25 2. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-264), as 26 amended, administering all programs and activities relating to housing and community 27 development in a manner to affirmatively further fair housing; and will take action 28 to affirmatively further fair housing in the sale or rental of housing, the financing Page 6 of 13 1 of housing, and the provision of brokerage services. 2 3. Section 109 of the Housing and Community Development Act of 1974, 8 and the regulations issued pursuant thereto (24 CFR Part 570.601), which provides 4 that no person in the United States shall on the grounds of race, color, national 5 origin, or sex, be excluded from participation in, be denied the benefits of. or be 6 subjected to discrimination under, any program or activity funded in whole or in 7 part with funds provided under this Part. 8 4. Executive Order 11063 on equal opportunity in housing and nondis- 9 crimination in the sale or rental of housing built with Federal assistance. 10 (Source: Vol. 43, No. 41, Title 24 CFR Part 570.307 (L 1-4)) 11 E. Accessibility/Usability of Facilities and Buildings for Physically 12 Handicapped 13 The CITY in any activity directly or indirectly financed under this 14 contract shall require every building or facility (other than a privately owned resi- 15 dential structure) designed, constructed. or altered with funds provided under this 16 Part to comply with the "American Standard Specifications for Making Buildings and 17 Facilities Accessible to, and Usable by, the Physically Handicapped." Number 1S A-117.1-R 1971, subject to the exceptions contained in 41 CFR 101-19.604. The CITY 19 will be responsible for conducting inspections to insure compliance with these speci- 20 fications by any contractor or subcontractor (Source: 24 CFR Part 570.307 (K)) 21 F. Relocation 22 1. The CITY in any activity directly or indirectly financed under this 23 contract shall: 24 a. To the greatest extent practicable under State lav, comply with . 25 Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the 26 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1870 and 27 will comply with Sections 303 and 304 of Title III, and HUD implementing instructions 28 at 24 CFR Part 42; and Page 7 of 13 I b. Inform affected persons of their rights and of the acquisition 2 policies and procedures set forth in the regulations at 24 CFR Part 42 and 3 570.602(b). 4 2. The CITY shall also: 5 a. Comply with Title II (Uniform Relocation Assistance) of the 6 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 7 HUD implementing regulations at 24 CFR Part 42 and 570.602(a); 8 b. Provide relocation payments and offer relocation assistance as 9 described in Section 205 of the Uniform Relocation Assistance Act to all persons dis- 10 placed as a result of acquisition of real property for an activity assisted under the 11 Community Development Block Grant Program. Such payments and assistance shall be 12 provided in a fair and consistent and equitable manner that insures that the reloca- 13 tion process does not result in different or separate treatment of such persons on 14 account of race, color, religion, national origin, sex, or source of income; 15 3. Assure that, within a reasonable period of time prior to displace- 16 ment, comparable decent, safe and sanitary replacement dwellings will be available to 17 all displaced families and individuals and that the range of choices available to 18 such persons will not vary on account of their race, color, religion, national 19 origin, sex, or source of income; and 20 4. Inform affected persons of the relocation assistance, policies and 21 procedures set forth in the regulations at 24 CFR Part 42 and 570.602(a). (Source: 22 Vol. 43, No. 41 Title 24 CFR Part 570.307 (n b o). 23 G. Lead-Based Paint Hazards 24 The construction or rehabilitation of residential structures with as- 25 slstance provided under this Contract is subject to the HUD Lead-Base Paint reRula- 26 tions, 24 CFR Part 35. Any grants or loans made by the CITY or work performed by 27 the CITY for the rehabilitation of residential structures with assistance provided 28 under this Contract shall be made subject to the provisions for the elimination of. Page 8 of 13 1 leadbase paint hazards under subpart B of said regulations and the CITY shall be re- t sponsible for the inspections and certifications required under Section 35.14(f) 3 thereof. (Source: H/CD Funding Agreement /5 and 24 CFR Part 35) 4 H. Flood Disaster 5 This Contract is subject to the requirements of the Flood Disaster Pro- 6 tection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this 7 Contract is approved for acquisition or construction purposes as defined under Sec- 8 tion 3(a) of said Act, for use in an area identified by the Secretary as having 9 special flood hazards, which is located in a community not then in compliance with 10 the requirements for participation in the national flood insurance program pursuant 11 to Section 201(d) of Said Act; and the use of any assistance provided under this Con- 12 tract for such acquisition or construction in such identified areas in communities 13 then participating in the national flood insurance program shall be subject to the 14 mandatory purchase of flood insurance requirements of Section 102(a) of said Act. 15 Any Contract or Agreement for the sale, lease or other transfer of land 16 acquired, cleared, or improved with assistance provided under this Contract shall 17 contain, 1f such land is located in an area identified by the Secretary as having 18 special flood hazards and in which the sale of flood insurance has been made avail- 19 able under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et 20 seq., provisions obligating the transferree and its successors or assignees to obtain 21 and maintain, during the ownership of such land, such flood insurance as required 22 with respect to financial assistance for acquisition or construction purposes under 23 Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall 24 be required notwithstanding the fact that the construction on such land is not itself 25 funded with assistance provided under this Contract. (Source: H/CD Funding Agreement 26 /3) 27 The CITY shall comply with the provisions of Executive Order 11296, relating 28 to evaluation of flood hazards and Executive Order 11288 relating to ,the prevention, Page 9 of 13 I control, and abatement of water pollution. (Source: Vol. 43, No. 41, Title .2 24 CFR 570.307 (j)) 3 I. Compliance with Air and Water Acts 4 The CITY shall cause or require to be inserted in full in all nonexempt b contracts or subcontracts for work furnished in whole or in part by the grant con- 6 tracts, the following requirements (provided that contracts, subcontracts and sub- 7 loans not exceeding $160.000 are exempt from this part: 8 This Contract is subject to the requirements of the Clean Air Act, as 9 amended 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended 10 33 USC 1251 et seq. and the regulations of the Environmental Protection Agency with 11 respect thereto, at 40 CFR Part 15, as amended from time to time. 32 In compliance with said regulations, the CITY shall cause or require to 13 be inserted in full in all contracts and subcontracts dealing with any non-exempt 14 transaction thereunder funded with assistance provided under this contract, the fol- 15 lowing requirements: 16 1. A stipulation by the contractor or subcontractors that any facility 17 to be utilized in the performance of any non-exempt contract or subcontract is not 18 listed on the list of Violating Facilities issued by the Environmental Protection 19 Agency (EPA) pursuant to 40 CFR 15.20. 20 2. Agreement by the Contractor that he will comply with all the re- 21 quirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and Sec- 22 tion 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318) 23 relating to inspection, monitoring, entry, reports and information, as well as all 24 other requirements specified in said Section 114 and Section 308, and all regulations 25 and guidelines issued thereunder. 26 3. A stipulation that as a condition for the award of the contract 27 prompt notice will be given of any notification received from the Director of the 28 EPA, Office of Federal Activities or any agent of that office, that a facility Page 10 of 13 1 utilized or to be utilized for the contract is under consideration to be listed on 2 the EPA list of Violating Facilities. 3 4. An Agreement by the contractor that he will include or cause to be 4 included the criteria and requirements in paragraph (1) through (4) of this section 5 in every non-exempt subcontract and requiring that the contractor will take such 6 action as the Government may direct as a means of enforcing such provisions. 7 In no event shall any amount of the assistance provided under this ton- g tract be utilized with respect to a facility which has given rise to a conviction 9 under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Mater 10 Pollution Control Act. (Source: H/CD Funding Agreement f6) 11 J. Management Compliance 12 The CITY in any activity directly or indirectly financed under this 13 contract shall comply with the regulations, policies, guidelines and requirements of 14 OMR Circular No. A-102, Revised, and Federal Management Circular 74-4: Cost princi- 15 ples applicable to grants and contracts with State and local governments, and Federal 16 Management Circular 74-7: Uniform Administrative Requirements for grant-in-aid to 17 State and local governments as they relate to the application, administration, accept- IS ante and use of Federal funds under this Part. (Source: Vol. 43, No. 41, Title 24 CFR 19 Part 570.307 (g)) 20 K. Obligations of Contractor with Respect to Certain Third Party 21 Relationships 22 The CITY shall remain fully obligated under the provisions of this con- 23 tract notwithstanding !Es designation of any third party or parties for the under- 23 taking of any part of the program with respect to which assistance is being provided 25 under this contract to the CITY. Such third party or parties shall comply with all 26 lawful requirements of the CITY necessary to insure that the program with respect to 27 which assistance is being provided under this contract to the CITY is carried out in 28 accordance with the CITY's assurances and certifications, including those with respect Page- 11 of 13 , I 1 to the assumption of environmental responsibilities of the CITY under Section 104(h) 2 of the Housing and Community Development Act of 1974. (Source: H/CD Funding Agree- 3 ment 19) 4 L. Interest of Certain Federal Officials 5 No member or Delegate to the Congress of the United States and no Resi- 6 dent Commissioner, shall be admitted to any share or part of this contract or to any 7 benefit to arise from the same. (Source: H/CD Funding Agreement #F10) 8 M. Interest of Members Officers or Employees of CITY, Members of Local 9 Governing Body or Other Public Officials 10 No member, officer or employee of the COUNTY or CITY or its designees 11 or agents, no member of the governing body of the locality in which the program is 12 situated and no other public official of such locality or localities who exercise any 13 functions or responsibilities with respect to the program during his tenure or for 14 one year thereafter, shall have any interest, direct or indirect, in any contract, 15 subcontract or the proceeds thereof, for work to be performed in connection with the 16 program assisted under this contract. The CITY shall incorporate or cause to be in- 17 corporated, in all such contracts or subcontracts a provision prohibiting such inter- est pursuant to the purposes of this section. (Source: H/CD Funding Agreement /11 19 and Vol. 43, No. 41, Title 24 CFR 570.307 (p)) 20 N. Prohibition Against Payments of Bonus or Commission 21 The assistance provided under this contract shall not be used in the 22 payment of any bonus or commission for the purpose of obtaining HUD approval of' the 23 application for such assistance or HUD approval of application for additional assist- 24 ance of any other approval or concurrence of HUD required under this contract, pro- 25 vided, however, that reasonable fees or bona fide technical, consultant, managerial 26 or other such services, other than actual solicitation, are not hereby prohibited if 27 otherwise eligible as program cost. (Source: H/CD Funding Agreement #12) 28 0. Hatch Act Compliance Page 12 of 13 1 The CITY and COUNTY shall comply with the provisions of the Hatch Act 2 which limits the political activity of employees. (Source: Vol. 43, No. 41, Title 3 24 CPR Part 570.307 (q)) .1 P. Definitions 5 Throughout these Special Provisions the meaning of words shall be that 6 meaning given by the act, regulation, Executive Order, Federal Management Circular, 7 agreement, or rule cited herein as the source for the section in which the word ap- 8 pears. (Source: Orange County Counsel) 9 Q. Note 10 Federal Management Circular 74-7 has been replaced with Office of 11 Management and Budget (04B) A-102. 12 13 14 /1/ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AP:dec126 CTrr7 - 1K1 ( M) Page 13 of 13 EXHIBIT B U" v 9� CO 20 ACJACHEMA Y - y� 9< ISSION r y2 SPRING ST 0 4s 3.04 -YORBA O ST !A DE BISPO N QQ v Q � Location of Proposed Activities Percent L/M income in Service Area Housing Cost Reduction:. 62% ❑ SAN JUAN CAPISTRANO Mousing/Community Development ENVIRONMENTAL MANAGEMENT AGENCY N 1. HCDA SIXTH YEAR OPERATING AGREEMENT (23) Written Communications: ✓(38) Report dated January 20, 1981, from the Director of Community (89) Planning and Development, forwarding an Environmental Management Agency Housing and Community Development Contract between the County of Orange and the City of San Juan Capistrano, for the purpose of receiving Development Block Grant Program funds in the amount of $300,000, with a City contribution of $60,000. Approval of Agreement: - It was moved by Councilman Buchheim, seconded by Councilman Bland and unanimously carried to approve the Environmental Management Agency Housing and Community Development Contract with the County of Orange. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. -9- 1/20/81 Y AGENDA ITEM �ary 20, 1981 TO: James S. Mocalis, City Manager FROM: Thomas G. Merrell, Director Community Planning and Development SUBJECT: HCDA Sixth Year Operating Agreement SITUATION Last year, the City applied for funding under the sixth year Housing and Community Development Block Grant Program (HCDBG) , and it was approved by the County and by HUD. In order for the City to have access to the funds, an operating agreement must be entered into between the County of Orange and the City of San Juan Capistrano. The City has entered into similar agreements for use of 1st to 5th year block grant program funds. In 1979, the City applied for a total of $465,000 in Block Grant funds; of this, we were awarded $300,000 under the Housing Cost Reduction section. These funds will be used for property acquisition and development in the "Little Hollywood" area of Los Rios. FINANCIAL CONSIDERATIONS As part of an agreement with the Orange County HCD division, the City has agreed to absorb all administrative, engineering, and planning costs connected with the implementation of the HCDBG program. This has been done in order to utilize all of the block grant funds for the implementation of the Los Rios Precise Plan. ALTERNATE ACTIONS 1. Authorize the Mayor to execute the sixth year HCDBG operating agreement. 2. Modify the agreement and authorize the Mayor to execute. 3. Refer back to staff for further review. RECOMMENDATION By motion, authorize the Mayor to execute the sixth year HCDBG operating agreement. Respectfully submitted, Thomas G. Merrell, Director Community Planning and Development TGM:JL:lp �^ FOR C]ITY COUNCIL AGENDA .. . . 2a AGENDA ITEM September 5, 1979 TO: James S. Mocalis, City Manager FROM: Thomas G. Merrell, Director Community Planning and Development SUBJECT: HCDA Sixth Year Grant Application - Los Rios Area SITUATION In accordance with City Council policy to participate in the Housing and Community Development Block Program with the County of Orange for the purpose of implementing the Los Rios Precise Plan, the staff has prepared the necessary materials for the sixth year grant application. The materials required for sixth year include (1) Cooperation Agreement (Exhibit A) , (2) statement of assurances (Exhibit B) , (3) Housing Assistance Plan (Exhibit C), (4) Grant Proposal (Exhibit D) , and (5) City Council Resolution (Exhibit E) . The proposed Sixth Year Program consists of a grant request totaling $465,000. Components of the grant consist of public improvements, $40,000; housing rehabilitation, $50,000; and land acquisition, $375,000. The City's grant requests will be part of the overall Orange County grant application. As a result, we will be competing with other cities within the County for the available funds allocated by HUD to the Orange County area. The primary purpose for considering this application is to provide an additional opportunity for public input regarding issues and needs related to the HCDBG Program. The Los Rios Review Committee has reviewed the application and received public input on August 23, 1979. The Committee recommended that the City Council approve the requested funding. The Planning Commission reviewed the proposed program on August 28, 1979, and concurred with the Committee's recommendation for funding the Sixth Year Program. The projects proposed for inclusion in the sixth year grant application are identified as follows: A. Public Improvements - The City has completed the first phase of the public improvements program and has started initial design work on the second phase. We are requesting an additional $40,000 for the sixth year to complete public improvements to Ramos Street. B. Housing Rehabilitation - A Housing Rehabilitation Loan Program has been established through Security Pacific National Bank. The program has been allocated a total of $100,000 during years 4-5 (1978-1979) . An additional $50,000 is requested in order to continue this program. FOR CITY COUNCIL AGENDA ... .. �� Agenda Item -2- September 5, 1979 C. Property Acquisition and Development - The Los Rios Precise Plan recommends that a non-profit housing corporation be established to implement the Housing Program outlined in the Plan. Implementation of the Planned Housing District ("Little Hollywood") is an integral part of the Los Rios Housing Program. During Year 5 of the HCDBG Program, the City was allocated $180,000 to initiate land acquisition in the District. The total cost for property acquisition and development is estimated to be $555,000. The amount of funding necessary for land acquisition will become more accurate upon completion of an appraisal of the property. In order to complete the acquisitions during Year 6, $375,000 is required. FINANCIAL CONSIDERATIONS As part of the block grant agreement, the City has agreed to absorb all administrative, engineering, and planning costs connected with the implementation of the HCDA program. This has been done in order to utilize all of the block grant funds for the implementation of the Los Rios Precise Plan. ALTERNATE ACTIONS 1. Hold a public hearing; concur with the recommendations of the Los Rios Review Committee and the Planning Commission; by resolution, approve the Sixth Year Grant Application for $465,000. 2. Hold a public hearing and forward the item back to the Planning Commission and Los Rios Review Committee for further review. 3. Hold a public hearing and modify the Sixth Year Grant Application. ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- RECOMMENDATION Hold a public hearing; concur with the recommendations of the Los Rios Review Committee and the Planning Commission; by resolution, approve the Sixth Year Grant Application for $465,000. Respectfully submitted, Thomas G. Merrell, Director Community Planning and Development TGM:SP:lcl RESOLUTION NO. 79-9-5-1 • 31 HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - 6TH YEAR FUNDING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE WHEREAS, it is the intent of the City of San Juan Capistrano to participate in the filing of an application with the County of Orange for a grant authorized under the Housing and ' Community Development Act of 1977; and, WHEREAS, the Housing and Community Development Act of j 1977 authorizes cities under. 50,000 population to enter into cooperation agreements with the County in which they are located for the purpose of undertaking essential community development i activities; and, WHEREAS, the Federal Government requires participating cities to provide a statement of assurances that the funds will be obtained and utilized pursuant to Federal law and policy; and, WHEREAS, it is necessary that the City adopt a Housing .. Assistance Plan before filing an application with the County of Orange for funding authorized under the Housing and Community Development Act of 1977. NOW, THEREFORE, BE IT RESOLVED, that the City Council I . does hereby approve and adopt a cooperation agreement with the ` County of Orange (Exhibit A) , a statement of assurances (Exhibit B), and a Housing Assistance Plan (Exhibit C) , in order to obtain funding for the projects included in the City's grant proposal (Exhibit D) . The Exhibits are included herein by reference. PASSED, APPROVED AND ADOPTED this 5th day of September 1979, by the following vote, to wit: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 'f!,[`/�/ FRI SS, MAR ATTEST: CITY CLE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) , I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a !v true and correct copy of Resolution No. 79-9-5-1 , adopted by the City Council of the City of San Juan Capistrano, California, 4 at a regular meeting thereof held on the 5th day of September 1979 (SEAL) MARY ANN/HANOVER, CITY CLERK • -1- PROOF OF PUBLl ftN This space*&e County Clark's 71 Stomp (2015.5 C.C.P.) STATE OF CALIFORNIA, s,� RECEIVED AM; County of Orange V 1 28 PM '74 City of San Clemente C17Y LIF � eN 11 AN Proof of Publication of i, Y I am a citizen of the United States and a resident h/Public Hearin ...................sa. t' .r of the County aforesaid; I am over the age of eighteen years, and not a party to or interested -J in the above-entitled matter. I am the principal ' Y 4 clerk of the printer of the San Clemente Sun-Post a newspaper of general circulation printed andseeo r.. m published ...........Dai ly............................................... heiieisSRr ' .. in the City of San Clemente + "V County of Orange, and which newspaper has been — snn+il f adjudged a newspaper of general circulation by to the Superior Court of the County of Orange, State Aim of California under the date of March 11, 1360, toy Der Case Number A9140; Moot Application. will.°be that the notice, of which the annexed is a printed reviewed for yew Pat copy (set in type not smaller than nonpareil), has via been published in each regular and entire issue of said newspaper and not in any supplement thereof D' No. 41l Via ant on the following dates, towit: ....A1z ......24......... �elapmc •-•------------------------------------------_..................... ......---------- all in the year 19.19 4i-v�a•+ws•l•aw) I certify (or declare) under penalty of perjury dope lout'pw,euuoey 3l1i that the foregoing is true and correct. p puo -suo;!ppc -suoisieaa yum ,oe *41 'INOd3a 135Mns IVnN 16t,oz our Dated at San Clemente, California, this enp 1 �Pins p 1004W ow i, o41 'laOdN 13wns lanN 24 Aug. 79 :sieoy'S-iotuapuelwH fof _._.......- .... , 19......... • - 'W°O9au!waA - ... 6uunp yodei $144 w 00401 f ... .. . AAP---{{{"'-- -- ........ .................. 1VIAWSNVa1QNV NOt Signature fNouvanmo lVN0I3a VNn SAN CLEMENTE PUBLISHING CORP. OS,wAf GUIPUB PVD 1542 North El Camino Real - P.O. Box 367 I1111",fOOA 1"i041a� San Clemente, Calif. 92672 - Phone 714-492-5121 N QNr�V 37NY1VE , r ' NOTICE OF TRANSMi TT' - LEGAL PUBLICATIONS . 10: DAILY SUN-POST 3elen Nielsen, Legal FOR PUBLICATION ON: FRIDAY; AUGUST 24 , 1979 DOCUMENT(S) TO 13E PUBLISIIED: NOTICE OF PUBLIC HEARING - HOUSING AND COMMUNITY DEVELOPMENT ACT - SIXTH YEAR PROGRAM (LOS RIOS AREA) PROOF OF PUBLICATION: Please send to: Office of the City Clerk City Hall 32400 Paseo Adelanto San Juan Capistrano, CA .92675. AUTHORIZED BY: DATE: August 20, 1979 Date sent: to paper _ Date proofed Date' published Date affidavit received Cost