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1983-0426_ORANGE, COUNTY OF_Memorandum of ContractContract No. C26796 COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY HOUSING AND COMMUNITY DEVELOPMENT CONTRACT TITLE OF PROJECT: San Juan Capistrano: Public Facilities and Improvements (H12.1) MEMORANDUM OF CONTRACT entered into this �2 / day of 190. BY AND BETWEEN and CITY OF SAN JUAN CAPISTRANO a municipal corporation, hereinafter referred to as CITY, COUNTY OF ORANGE, a political subdivision of the State of California and recognized Urban County under the Federal Housing and Community Development Act of 1974 (Public Law 94-383), as amended, hereinafter referred to as COUNTY. WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement, dated November 24, 1981, in which both parties agreed to cooperate in the undertaking, or assist in the undertaking, of community development and housing assistance activities, and WHEREAS, the CITY has submitted to the COUNTY an application for funding of a project hereinafter described, and WHEREAS, the COUNTY has entered into a separate agreement dated July 27, 1982 with the U. S. Department of Housing and Urban Development (hereinafter designated as HUD) to fund said project under the Housing and Community Development Act of 1974 (Public Law 94-383), as amended (hereinafter referred to as ACT). NOW, THEREFORE, IT IS AGREED by and between the parties that the following provisions as well as all applicable Federal, State and County laws and regulations including the attached SPECIAL PROVISIONS, identified as EXHIBIT "A", are part of this Contract. 1. For the PURPOSES OF THIS CONTRACT the following definitions shall apply: a. Project Manager: The party responsible for, but whose responsibility is not limited to the following: Contracting, monitoring and implementing the project.1 -1- Contract No. C26796 b. Construction Bid Package: A package of bidding documents which includes proposal, bidding instruction, contract documents, detailed estimated costs and plans and specifications for a construction project all prepared in accordance with applicable federal regulations. c. Director: The Director of the Orange County Environmental Management Agency. d. Reimbursable Basis: The CITY will provide the funds for the project and submit proof of payment to the COUNTY, whereby upon approval the COUNTY will forward Community Development Block Grant funds to repay the CITY. 2. It is understood that the CITY is solely responsible for implementation of the project, described as: Public Facilities and Improvements (H12.1). The City of San Juan Capistrano will utilize CDBG funds for the provision) of public facilities and improvements to consist of total street reconstruction in support of the development and rehabilitation of the Los Rios target area. Streets to be reconstructed include Mission and Ramos Streets from Lobo Street to Trabuco Creek (see Exhibit "B"). It is agreed by all parties that funds shall be expended prior to June 30, 1984. In the event that the CITY has not submitted appropriate invoices for all approved project costs funded by the Block Grant prior to June 30, 1984, this Contract shall be subject to termination at the discretion of the COUNTY. CITY may, prior to the Contract termination date, make written request for extension thereof. Such request may be granted by DIRECTOR upon his written determination of good cause. 3. CITY agrees: a. Any amendment(s) to this contract shall be submitted to and approved by the COUNTY, prior to commencement by CITY of such project. i b. To be Project Manager for said project and to submit any and all third—party contracts funded through this Contract to COUNTY for review prior to I award of such contracts by CITY. 6'IC Contract No. C26796 c. To be responsible for design and inspection, including funding the costs related to those activities, unless funding for design and inspection activities is provided for in Section 4.a. of this Contract. d. To submit the Construction Bid Package for this project to DIRECTOR for review prior to advertising for bids on the construction contract or prior to award of such a Contract if sole source procurement is used. CITY shall not advertise for bids until DIRECTOR has approved Construction Bid Package. CITY shall construct project in accordance with the Construction Bid Package which DIRECTOR approved unless prior written approval is received from DIRECTOR for deviation therefrom. e. That all work shall be in accordance with CITY's governing building and safety codes. f. To maintain accounting records, official files, and other evidence pertaining to costs incurred as required by all applicable HUD regulations, and all of these shall be accessible for the purposes of monitoring, surveys, audits and examinations by duly authorized representatives of COUNTY or HUD. These records shall be kept available at CITY'S office during the project's contract period and thereafter for three (3) years from the date of final payment of HUD Community Development Block Grant Funds. g. That the project shall be maintained for Community Development purpose as defined by applicable HUD provisions at a level of operations and maintenance adequate to insure maximum benefit of the project by low- and moderate -income persons. h. That the Director, shall biannually evaluate the CITY's progress in complying with the terms of this contract. CITY shall cooperate fully in such evalua- tion. The Director shall report the findings of each evaluation to the CITY and Orange County Board of Supervisors. If it is determined by the Board of Supervisors that performance or progress on performance is unsatisfactory, the Board of Supervisors may terminate the contract or withhold further funding on the project pending resolu- tion of the unsatisfactory conditions. In addition, the Board of Supervisors may -3- Zo 27 28 Contract No. C26796 require reimbursement of any funds that it determines to be improperly expended or not expended on the project in a timely manner. i. That if it is subsequently determined by COUNTY or HUD that funds were not expended in compliance with the applicable federal laws and regulations, CITY will refund to COUNTY such sums as were improperly expended. j. To assume responsibility for California Environmental Quality Act compliance and to provide COUNTY with necessary information to comply with the National Environmental Policy Act. 4. Project Funding: a. The estimated cost of the project covered by this agreement is: Land Acquisition $ -0- Design and Inspection $ -0- Construction Contract $85,000.00 (Eighty -Five Thousand Dollars and no/100). no/100). follows: no/100). no/100). TOTAL $85,000.00 (Eighty -Five Thousand Dollars and b. Based on the above estimate, this project will be financed as Block Grant Funds $85,000.00 (Eighty -Five Thousand Dollars and County Funds $ -0- City Funds $ -0- TOTAL $85,000.00 (Eighty -Five Thousand Dollars and c. COUNTY shall not be responsible for any costs which exceed the ap- proved Grant amount. d. Payment by the COUNTY to the CITY shall be on a reimbursable basis unless CITY has been authorized and issued cash advances by COUNTY under this Contract. -4- Contract No. C26796 e. Cash advances requested by the CITY under this Contract shall be made by the COUNTY to the CITY if the following conditions are met: (1) The CITY has demonstrated to the Director through certification in a form prescribed by the Director and subsequently through performance, its wil- lingness and ability to establish procedures that will minimize the time elapsing between the receipt of funds and disbursement of such funds. (2) The CITY certifies to the Director, that the CITY's financial management system meets the standards for fund control and accountability prescribed in Office of Management and Budget Circular No. A-102 as amended from time to time. (3) The CITY complies with the cash advance procedures as shall be required by the Financial Procedures of the Housing and Community Development Program Office of County's Environmental Management Agency (hereinafter EMA). These procedures require that upon written receipt of funds from the COUNTY, the CITY shall disburse payment to vendor within five (5) working days and submit such evidence (i.e., warrants, etc.) to the COUNTY. If the CITY is subsequently found, by DIRECTOR, to be in noncompliance with 4.e.(l) through 4.e.(3) CITY shall be paid pursuant to 4.d. f. Reimbursable basis payments, as referred to in section 4.d. above, and/or cash advances described in 4.e. above, shall be made in accordance with the financial procedures of EMA. In the event of conflict between such financial procedures and any applicable statutes, rules or regulations of HUD, including Office of Management and Budget Circular No. A-102, the latter shall prevail. 5. Neither COUNTY nor any officer nor employee thereof shall be respon- sible for any damage or liability occurring by reason of any action or omission of CITY or its agents, associates, contractors, subcontractors, materialmen, laborers, or any other persons, firms, or corporations furnishing or supplying work service, materials, or supplies in connection with CITY's performance of this Contract and from any and all claims and losses accruing or resulting to any persons, firm or 0.1 Contract No. C26796 corporation for personal injuries or property damage resulting from or as a consequence of, CITY's performance of this Contract under or in connection with any work, authority or jurisdiction delegated to CITY under this Contract. It is also understood and agreed that, pursuant to California Government Code Section 895.4, CITY shall fully indemnify, defend and hold COUNTY harmless from any liability imposed for injury (as defined by California Government Code Section 810.8) occurring by reason of any action or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Contract. CITY shall act in an independent capacity and not as officers, employees or agents of COUNTY. 6. Neither CITY nor any officer nor employee thereof shall be responsible for any damage or liability occurring by reason of any action or omission of COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under the terms of this contract. It is also understood and agreed that, pursuant to California Government Code Section 895.4 COUNTY shall fully indemnify, defend and hold CITY harmless from any liability imposed for injury (as defined by California Government Code Section 810.8), occurring by reason of any action or omission of COUNTY under or in connection with any work, authority or jurisdiction not delegated by CITY under this Contract. 7. Where contract funds are withheld, and at the request and expense of CITY, COUNTY will accept securities equivalent to the amount withheld pursuant to Section 4 of this Contract. Such substituted security, meeting the requirements of Government Code Section 4590, shall be deposited with COUNTY, or with a State or federally charted bank as escrow agent. If security is deposited with an escrow agent, it shall be covered by an escrow agreement. 8. In the event of CITY's failure to comply with the provisions of this Contract, COUNTY may at its discretion withhold funds and/or reallocate funds to another activity considered by the COUNTY to be in compliance with the ACT. 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 Contract No. C26796 IN WITNESS THEREOF, CITY has caused this Contract to be executed by its Mayor and attested by its Clerk; COUNTY has caused this contract to be executed by the Chairman of the Board of Supervisors and certified by Clerk of the Board all having been duly authorized by the City Council of CITY and the Orange County Board of Supervisors. Dated: ATTEST: Mary An anover, City Clerk Dated: &' Z'�3 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. JUNE ALEXANDER Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: .4 - ADRIAN KUYPER, County Counsel ORANGE COUNTY, CALIFORNIA f�f KS:dec840(21) -7- CITY OF SAN UAN CAPISTRANO By wrence F. BAXheim, Mayor COUNTY OF ORANGE, a political subdivision of the State of California ay COUNTY Approved as to Fors:: /v1 es S. Okazaki, Cily Attorney Exhibit "A" to COUNTY/CITY Contract SPECIAL PROVISIONS A. Section 3 - Compliance With the Provision of Training Employment and }usiness Opportunity The CITY shall cause or require to be inserted in full in all contracts and subcontracts for work financed in whole or part with federal financial assistance provided under this Contract, the Section 3 clause set forth in 24 CPR 135.20(b). The CITY will provide such copies of 24 CPR Part 135, as may be necessary for the informs - tion of parties to contracts required to contain the said Section 3 clause. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be made available to lower income residents within the unit of local goverment or metropolitan area (or non -metropolitan county), in which the project is located. In addition, to the greatest extent feasible, contracts for work in connection with the project shall be awarded to business concerns which are located in, or in substantial part owned by, persons residing in the same unit of local government or metropolitan area (or non -metropolitan county), in which the project is located. The parties to this contract will comply with the provisions of said Section 3, and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CPR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The CITY shall take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CPR 135. The contractor will not subcontract with any sub- contractor where it has notice of knowledge that the letter has been found in vio- lotion of regndations under 24 CPR 135. The parties to this contract certify and agree that they ore under no contractual or other disability which would prevent them from complying with these requirements. (Source: Vol. 38, Vo. 203, Title 24 CPR 135) B. Equal Employment Opportunity In carrying out the program, the CITY shall not discriminate against Page 1 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19, 20 21 22 23 24 25 26 27 28 color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination; rates of pay or other forms of compensation and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CITY setting forth the provisions of this. nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified appli- cants will receive consideration for employment without regard to race, color, religion, sex or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or worker's representatives of the contractor's commitment under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to am- ployees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965 and by the rules, regulations and order of the Secretary of Labor or pursuant thereto and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of in- vestigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the contractor's noncompliance with the nondis- crimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part Page 3 of 13 1 2! 3I 4' 51 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 any employee or applicant for employment because of race, color, religion. sex or national origin. The CITY shall take affirmative action to insure that applicants for employmentiA re employed and that employees are treated during employment, with- out regard to their race, color, religion, sex.or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other form, compensation; and selection for training, including apprentice- ship. The CITY shall post in conspicuous places, available to employees and appli- cants for employment, notices to be provided by the COUNTY setting forth the provi- sions of this nondiscrimination clause. The CITY shall, in all solicitations or advertisements for employees placed by or on behalf of the CITY, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The CITY shall incorporate the fore- going requirements of this paragraph in all of its contracts for program work and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. Such contracts shall be subject to HUD Equal Employment Opportunity regulations 24 CPR Part 130 as applicable to HUD assisted construction contracts. 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 defined in said regulations which is paid for in whole or in part with assistance under the Contract, the following equal opportunity clause: follows: "During the performance of this contract, the contractor agrees as t 1. The contractor will not discriminate against any employee or ap- plicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment. without regard to their race, Page 2 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The CITY further agrees that it will refrain from entering into any con- tract or contract modification subject to Executive Order 11246 of September 24, t 1965, with a contractor debarred from or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of equal opportunity clause as may be imposed upon contractors and subcontractors by by HUD or the Secretary of Labor pursuant to Part II, Subpart B of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the COUNTY may take any or all of the following actions: Cancel, ter- minate or suspend in whole or in part the grant or loan guarantee; refrain from ex- tending any further assistance to the CITY under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such CONTRACTOR (Source: E/CD Funding Agreement $4 and Executive Order 11246, Part II, Subpart B, Section 202) C. Federal Labor Standards Except with respect to the rehabilitation of residential property de- signed for residential use for less than eight families, the CITY and all contractors engaged under contracts in excess of $2,000 for the construction, prosecution, com- pletion or repair of any building or work financed in whole or in part with assist- ance provided under this contract, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 (Copeland Act), 5, and 5a (Davis -Bacon Act), governing the payment of wages and the ratio of apprentices and trainees to journeymen: Pro- vided, that if wage rates higher than those required under such regulations are im- posed by state or local law, nothing hereunder is intended to relieve the CITY of Its obligation, if any, to require payment of the higher rates. The CITY shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and for such contracts in excess of Page 5 of 13 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 and the contractor may be declared ineligible for further Government contracts or federally assisted construction contract in accordance with procedures authorized In Executive trder 11246 of September 24, 1965, or by rules, regulations or order of the Secretary of Labor or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately preceeding paragraph (1) beginning with the words "During the performance of..." and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of the Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of .such direction by the Department the contractor may request the United States to an- ter into such litigation to protect the interest of the United States." The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employement practices when it participates in federally assisted construction work. The above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such CITY which does not participate in work on or under the contract. The CITY agrees that it will assist and cooperate actively with COUNTY, WD and the Secretary of Labor in obtaining the compliance of contractors and subcon- tractors with the equal opportunity clause and the rules, regulations and relevant orders of thq Secretary of Labor; that it will furnish the COUITPY, HUD and the Secre- tary of labor such information as they may require for the supervisions of such com- pliance; and that it will otherwise assist the above parties in the discharge of its primary responsibility for securing compliance. Page 4 of 23 1 2 3 4 5 6 7 8' 9 10 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 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 (T4 CFR Part 570.601), 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 subjected to discrimination under, any program or activity funded in whole or in . part with funds provided under this Part. 4. Executive Order 11063 on equal opportunity in housing and nondis- crimination in the sale or rental of housing built with Federal assistance. (Source: Vol. 43, M. 41, Title 24 CFR Part 570.307 (L 1-4)) E. Accessibility/Usability of Facilities and'Buildings for Physically Handicapped TheCITY in any activity directly or indirectly financed under this contract shall require every building or facility (other than a privately owned resi- dential structure) designed, constructed, or altered with funds provided under this Part to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," Number A -117.1-R 1971, subject to the exceptions contained in 41 CFR 101-19.604. The CITY will be responsible for conducting inspections to insure compliance with these speci- fications by any contractor or subcontractor (Source: 24 CFR Part 570.307 (K)) F. Relocation 1. The CITY in any activity directly or indirectly financed under this contract shall: a. To the greatest extent practicable under State law, comply with Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and will comply with Sections 303 and 304 of Title III, and HUD implementing instructions Page 7 of 13 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19' 20 21 22 25' 261 27 28 $10,000, 29 CFR 5a.3. The "Federal Labor Standards Provisions" (HUD 4010) are made part of this coptract. b'o award of the contracts covered under this section of the contract shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. (Source: H/CD Funding Agreement 07) All documents submitted by the CITY to the COUNTY which are required I for compliance with the Federal Labor standards, shall be certified as being true, accurate, and complete by the City Engineer or the Director of Public Works. (Source: Orange County H/CD) D. Non=Discrimination The CITY in any activity directly or indirectly financed under this contract, shall comply with: 1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and the regulations 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 exclu- ded from participation in, be denied the benefits of, or be otherwise subjected 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 thereon is provided or improved 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 s transferee, for the period during which the real property or structure is used for a purpose fo) which the Federal financial assistance is extended, or for another pur- pose involving the provision of similar services or benefits. 2. Title VIII of the Civil Rights 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 �) Page 6 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 under this Contract shall be made subject to the provisions for the elimination of leadbase paint hazards under subpart B of said regulations and the CITY shall be re- sponsible for the inspections and certifications required under Section 35.14(f) thereof. (Source: B/CD Funding Agreement 05 apd 24 CFR Part 35) H. Flood Disaster This Contract is subject to the requirements of the Flood Disaster Pro- tection Act of 1973 (P.L. 93-234). to portion of the assistance provided under this Contract is approved for acquisition or construction purposes as defined under Sec- tion 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards, which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(d) of Said Act; and the use of any assistance provided under this Con- tract for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any Contract or Agreement for the sale, lease or other transfer of land acquired, cleared, or improved with assistance provided under this Contract shall contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made avail- able under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq., provisions obligating the transferree and its successors or assignees to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Contract. (Source: H/CD Funding Agreement /3) The CITY shall comply with the provisions of Executive Order 11296, relating Page 9 of 13 1 2i 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 at 24 CPR Pari 42; and Ib. Inform affected persons of their rights and of the acquisition policies and procedures set forth in the regulations at 24 CPR Part 42 and 570.602(b). 2. The CITY shall also: a. Comply with Title II (Uniform Relocation Assistance) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and HUD implementing regulations at 24 CPR Part 42 and 570.602(a); b. Provide relocation payments and offer relocation assistance as described 1n Section 205 of the Uniform Relocation Assistance Act to all persons dis- placed as a result of acquisition of real property for an activity assisted under the Community Development_Block Grant Program. Such payments and assistance shall be provided in a fair and consistent and equitable manner that insures that the reloca- tion 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 displace- ment, comparable decent, safe and sanitary replacement dwellings will be available to all displaced families and individuals and that the range of choices available 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, policies and procedures set forth in the regulations at 24 CPR Part 42 and 570.602(a). (Source: c Vol. 43, ft. 41 Title 24 CPR Part 570.307 (n 6 a). C. Lead -Based Paint Hazards The construction or rehabilitation of residential structures with as- sistance provided under this Contract is subject to the HUD Lead -Base Paint regula- tions, tions, 24 CPR Part 35. Any grants or loans made by the CITY or work performed by the CITY for the rehabilitation of residential structures with assistance provided EPA, Office of Federal Activities or any agent of that office, that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA list of Violating Facilities. 4. An Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraph (1) through (4) of this section in every non-exempt subcontract and requiring that the contractor will take such action as the Government may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this con- tract be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act. (Source: H/CD Funding Agreement !6) J. Management Compliance The CITY in any activity directly or indirectly financed under this contract shall comply with the regulations, policies, guidelines and requirements of Oiffi Circular Ab. A-102, Revised, and Federal Management Circular 74-4: Cost princi- ples applicable to grants and contracts with State and local governments, and Federal Management Circular 74-7: Uniform Administrative Requirements for grant-in-aid to State and local governments as they relate to the application, administration, accept- ance and use of Federal funds under this Part. (Source: Vol. 43, No. 41, Title 24 CFR Part 570.307 (g)) K. Obligations of Contractor with Respect to Certain Third Party Relationships The CITY shall remain fully obligated under the provisions of this con- tract notwithstanding its designation of any third party or parties for the under- taking of any part of the program with respect to which assistance is being provided tinder this contract to the CITY. Such third party or parties shall comply with all lawful requirements of the CITY necessary to insure that the program with respect to which assistance is being provided under this contract to the CITY is carried out in Page 11 of 13 1 to evaluation of flood hazards and Executive Order 11288 relating to the prevention, 2 control. and abatement of water pollution. (Source: Vol. 43, hb. 41, Title 3 24 CFR 570.307 (j)) 4 I. 'Compliance with Air and Water Acts 5 The CITY shall cause or require'to be inserted in full in all nonexempt r 6 contracts or subcontracts for work furnished in whole or in part by the grant con - 7 tracts, the following requirements (provided that contracts; subcontracts and sub - 8 loans not exceeding $100.000 are exempt from this part: 9 This Contract is subject to the requirements of the Clean Air Act, as 10 amended 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended 11 33 USC 1251 et seq. and the regulations of the Environmental Protection Agency with 12 respect thereto, at 40 CFR Part 15, as amended from time to time. M In compliance with said regulations, the CITY shall cause or require to 14 be inserted'in,full in all contracts and subcontracts dealing with any non-exempt 15 transaction thereunder funded with assistance provided under this contract, the fol - 16 lowing requirements: 17 1. A stipulation by the contractor or subcontractors that any facility 1s to be utilized in the performance of any non-exempt contract or subcontract is not 19 listed on the list of Violating Facilities issued by the Environmental Protection .20 Agency (EPA) pursuant to 40 CFR 15.20, 21 2. Agreement by the Contractor that he will comply with all the re - e2 quirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and Sec - 23 tion 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318) .24 relating to inspection, monitoring, entry, reports and information, as well As all 25 other requirements specified in said Section 114 and Section 308. and all regulations .26 and guidelines issued thereunder. .27 3. A stipulation that as a condition for the award of the contract .28 prompt notice will be given of any notification received from the Director of the Page 10 of 13 I 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0. Hatch Act Compliance The CITY and COUNTY shall comply with the provisions of the Hatch Act which limits the political activity of employees. (Source: Vol. 43, No. 41, Title 24 CFR Part 570.307 (q)) P. Definitions Throughout these Special Provisions the meaning of words shall be that meaning given by the act, regulation, Executive Order, Federal Management Circular, agreement, or rule cited herein as the source for the section in which the word ap- pears. (Source: Orange County Counsel) Q. Note Federal Management Circular 74-7 has been replaced with Office of Management and Budget (OMB) A-102. AP:dlcll61(10) Page 13 of 13 21 3 4 5 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 FT:l accordance with the CITY'S assurances and certifications, including those with respect to the assumptio}: of environmental responsibilities of the CITY under Section 104(h) of the Housing and Community Development Act of 1974. (Source: H/CD Funding Agree- ment /9) L. Interest of Certain Federal Officials Ho member or Delegate to the Congress of the United States and no Resi- dent Commissioner, shall be admitted to any share or part of this contract or to any benefit to arise from the same. (Source: H/CD Funding Agreement /10) M. Interest of Members, Officers or Employees of CITY, Members of Local Governing Body or Other Public Officials Ho member, officer or employee of the COUi7TY or CITY or its designees or agents, no member of the governing body of the locality in which the program is situated and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract, subcontract or the proceeds thereof, for work to be performed in connection with the program assisted under this contract. The CITY shall incorporate or cause to be in- 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 011 and Vol. 43, Ho. 41, Title 24 CFR 570.307 (p)) H. Prohibition Against Payments of Bonus or Commission The assistance provided under this contract shall not be used In the payment of any bonus or commission for the purpose of obtaining HUD approval{of the application far such assistance or HUD approval of application for additional assist - ante of any other approval or concurrence of HUD required under this contract, pro- vided, however, that reasonable fees -or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program cost. (Source: H/CD Funding Agreement 012) 11 Page 12 of 13 I EXHIBIT "B" C26796 1"=600' El SAN JUAN CAPISTRANO Housing/Community Development ENVIRONMENTAL MANAGEMENT AGENCY N Contract No. C26797 COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY HOUSING AND COMMUNITY DEVELOPMENT CONTRACT TITLE OF PROJECT: San Juan Capistrano: Rehabilitation of Private Properties (H12.2) MEMORANDUM OF CONTRACT entered into this day of �� 5 19� BY AND BETWEEN and CITY OF SAN JUAN CAPISTRANO a municipal corpor- ation, hereinafter referred to as CITY. COUNTY OF ORANGE, a political subdivision of the State of California and recognized Urban County under the Federal Housing and Community Development Act of 1974 (Public Law 94-383), as amended, hereinafter referred to as COUNTY. WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement, dated November 24, 1981, in which both parties agreed to cooperate in the undertaking, or assist in the undertaking, of community development and housing assistance I activities, and WHEREAS, the CITY has submitted to the COUNTY an application for funding of a project hereinafter described, and WHEREAS, the COUNTY has entered into a separate agreement dated July 27, 1982, with the U. S. Department of Housing and Urban Development (hereinafter designated as HUD) to fund said project under the Housing and Community Development Act of 1974 (Public Law 94-383), as amended (hereinafter referred to as ACT). NOW, THEREFORE, IT IS AGREED by and between the parties that the following provisions as well as all applicable Federal, State and County laws and regulations including the attached SPECIAL PROVISIONS, identified as EXHIBIT "A", are part of this Contract.i 1. For the PURPOSES OF THIS CONTRACT the following definitions shall apply: a. Project Manager: The party responsible for, but whose responsibility is not limited to the following: Contracting, monitoring and implementing the project. -1- Contract No. C26797 b. Director: The Director of the Orange County Environmental Management Agency. c. Reimbursable Basis: The CITY will provide the funds for the project and submit proof of payment to the COUNTY, whereby upon approval the COUNTY will forward Community Development Block Grant funds to repay the CITY. 2. It is understood that the CITY is solely responsible for implementation of the project, described as: Rehabilitation of Private Properties (H12.2). The City of San Juan Capistrano will utilize CDBG funds to continue a grant and loan subsidy rehabilitation program for low- and moderate -income residents in the Los Rios target area to correct blighting conditions. See Exhibit "B" for target area boundaries. It is agreed by all parties that funds shall be expended prior to June 30, 1984. In the event that the CITY has not submitted appropriate invoices for all approved project costs funded by the Block Grant prior to June 30, 1984, this Contract shall be subject to termination at the discretion of the COUNTY. CITY may, prior to the.Contract termination date, make written request for extension thereof. Such request may be granted by DIRECTOR upon his written determination of good cause. 3. CITY agrees: a. Any amendment(s) to this contract shall be submitted to and approved by the COUNTY, prior to commencement by CITY of such project. b. To be Project Manager for said project(s) and to submit any and all third -party contracts funded through this Contract to COUNTY for review prior to award of such contracts by CITY. c. To be responsible for design and inspection, including funding the costs related to those activities, unless funding for design and inspection activities is provided for in Section 4.a. of this Contract. d. That all work shall be in accordance with CITY's governing building and safety codes. -2- Contract No. C26797 e. To maintain accounting records, official files, and other evidence pertaining to costs incurred as required by all applicable HUD regulations, and all of these shall be accessible for the purposes of monitoring, surveys, audits and examinations by duly authorized representatives of COUNTY or HUD. These records shall be kept available at CITY'S office during the project's contract period and thereafter for three (3) years from the date of final payment of HUD Community Development Block Grant Funds. f. That the project shall be maintained for Community Development pur- poses as defined by applicable HUD provisions at a level of services adequate to ensure maximum benefit of the project by low- and moderate -income persons. g. That the Director, shall biannually evaluate the CITY's progress in complying with the terms of this contract. CITY shall cooperate fully in such evalua- tion. The Director shall report the findings of each evaluation to the CITY and Orange County Board of Supervisors. If it is determined by the Board of Supervisors that performance or progress on performance is unsatisfactory, the Board of Supervisors may terminate the contract or withhold further funding on the project pending resolu- tion of the unsatisfactory conditions. In addition, the Board of Supervisors may require reimbursement of any funds that it determines to be improperly expended or not expended on the project in a timely manner. h. That if it is subsequently determined by COUNTY or HUD that funds were not expended in compliance with the applicable federal laws and regulations, CITY will refund to COUNTY such sums as were improperly expended. i. To assume responsibility for California Environmental Quality Act compliance and to provide COUNTY with necessary information to comply with the National Environmental Policy Act. a. This project will be financed as follows: Block Grant Funds $25,000.00 (Twenty -Five Thousand Dollars and no/100). -3- Contract No. C26797 County Funds $ -0- City Funds $ -0- TOTAL $25,000.00 (Twenty -Five Thousand Dollars no/100). b. COUNTY shall not be responsible for any costs which exceed the ap- proved Grant amount(s). c. Payment by the COUNTY to the CITY shall be on a reimbursable basis unless CITY has been authorized and issued cash advances by COUNTY under this Contract. d. Cash advances requested by the CITY under this Contract shall be made by the COUNTY to the CITY if the following conditions are met: (1) The CITY has demonstrated to the Director through certification in a form prescribed by the Director and subsequently through performance, its wil- lingness and ability to establish procedures that will minimize the time elapsing between the receipt of funds and disbursement of such funds. (2) The CITY certifies to the Director, that the CITY's financial management system meets the standards for fund control and accountability prescribed in Office of Management and Budget Circular No. A-102 as amended from time to time. (3) The CITY complies with the cash advance procedures as shall be required by the Financial Procedures of the Housing and Community Development Program Office of County's Environmental Management Agency (hereinafter EMA). These procedures require that upon written receipt of funds from the COUNTY, the CITY shall disburse payment to vendor within five (5) working days and submit such evidence (i.e., warrants, etc.) to the COUNTY. If the CITY is subsequently found, by DIRECTOR, to be in noncompliance with 4.d.(1) through 4.d.(3) CITY shall be paid pursuant to 4.c. f. Reimbursable basis payments, as referred to in section 4.c. above, and/or cash advances described in 4.d. above, shall be made in accordance with the financial procedures of EMA. In the event of conflict between such financial -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Contract No. C26797 procedures and any applicable statutes, rules or regulations of HUD, including Office of Management and Budget Circular No. A-102, the latter shall prevail. 5. Neither COUNTY nor any officer nor employee thereof shall be respon- sible for any damage or liability occurring by reason of any action or omission of CITY or its agents, associates, contractors, subcontractors, materialmen, laborers, or any other persons, firms, or corporations furnishing or supplying work service, materials, or supplies in connection with CITY's performance of this Contract and from any and all claims and losses accruing or resulting to any persons, firm or corporation for personal injuries or property damage resulting from or as a consequence of, CITY's performance of this Contract under or in connection with any work, authority or jurisdiction delegated to CITY under this Contract. It is also q understood and agreed that, pursuant to California Government Code Section 895.4, CITY shall fully indemnify, defend and hold COUNTY harmless from any liability imposed for injury (as defined by California Government Code Section 810.8) occurring by reason of any action or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Contract. CITY shall act in an independent capacity and not as officers, employees or agents of COUNTY. 6. Neither CITY nor any officer nor employee thereof shall be responsible for any damage or liability occurring by reason of any action or omission of COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under the terms of this contract. It is also understood and agreed that, pursuant to California Government Code Section 895.4 COUNTY shall fully indemnify, defend and hold CITY harmless from any liability imposed for injury (as defined by California Government Code Section 810.8), occurring by reason of any action or omission of COUNTY under or in connection with any work, authority or jurisdiction not delegated by CITY under this Contract. 7. Where contract funds are withheld, and at the request and expense of CITY, COUNTY will accept securities equivalent to the amount withheld pursuant to -5- Contract No. C26797 Section 4 of this Contract. Such substituted security, meeting the requirements of Government Code Section 4590, shall be deposited with COUNTY, or with a State or federally charted bank as escrow agent. If security is deposited with an escrow agent, it shall be covered by an escrow agreement. 8. In the event of CITY's failure to comply with the provisions of this Contract, COUNTY may at its discretion withhold funds and/or reallocate funds to another activity considered by the COUNTY to be in compliance with the ACT. MM 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Contract No. C26797 IN WITNESS THEREOF, CITY has caused this Contract to be executed by its Mayor and attested by its Clerk; COUNTY has caused this contract to be executed by the Chairman of the Board of Supervisors and certified by Clerk of the Board all having been duly authorized by the City Council of CITY and the Orange County Board of Supervisors. ATTEST: Mary Ann yflanover, City Clerk Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. lti JUNE ALEXANDER Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: "�?- '7 )� ADRIAN KUYPER, County Ansel ORANGE COUNTY, CALIFORNIA By H/ '. ........ KS:dec1171 -7- CITY OF SAN JUAN CAPISTRANO By awrence F. uchheim, Mayor COUNTY OF ORANGE, a political subdivision of `thG^J�ta�te of COalifo/rn�ia By rman of the Board o COUNTY Approved as to Forr: J es S. Okazaki, Cr y Attorney Exhibit "A" to COUIr1Y/CITY Contract SPECIAL PROVISIONS A. Section 3 - Compliance With the Provision of Training Employment and $usiness Opportunity The CITY shall cause or require to be inserted in full in all contracts and subcontracts for work financed in whole or part with federal financial assistance provided under this Contract, the Section 3 clause set forth in 24 CFR 135.20(b). The CITY will provide such copies of 24 CFR Part 135, as may be necessary for the informs - tion of parties to contracts required to contain the said Section 3 clause. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be made available to lower income residents within the unit of local government or metropolitan area (or non -metropolitan county), in which the project is located. In addition, to the greatest extent feasible, contracts for work in connection with the project shall be awarded to business concerns which are located in, or in substantial part owned by, persons residing in the same unit of local government or metropolitan area (or non -metropolitan county), in which the project is located. The parties to this contract will comply with the provisions of said Section 3, and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The CITY shall take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. The contractor will not subcontract with any sub- contractor where it has notice or knowledge that the letter has been found in vio- lation of reg 4stions under 24 CFR 135. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (Source: Vol. 38, tio. 203, Title 24 CFR 135) B. Equal Employment Opportunity In carrying out the program, the CITY shall not discriminate against Page 1 of 13 1 color, religion, sex, or national origin. Such action shall include, but not be 2 limited to, the following: Employment, upgrading, demotion or transfer, recruitment 3 advertising, layoff or termination; rates of pay or other forms of compensation and 4 selection for training, including apprenticeship. The contractor agrees to post in 5 conspicuous places, available to employees and applicants for employment, notices to 6 be provided by the CITY setting forth the provisions of this nondiscrimination 7 clause. 8 2. The Contractor will, in all solicitations or advertisements for 9 employees placed by or on behalf of the contractor state that all qualified appli- 10 cants will receive consideration for employment without regard to race, color, 11 religion, sex or national origin. 12 3• The contractor will send to each labor union or representative of 13 workers with which he has a collective bargaining agreement or other contract or 14 understanding, a notice advising the said labor union or worker's representatives of 15 -the contractor's commitment under Section 202 of Executive Order 11246 of September 16 24, 1965, and shall post copies of the notice in conspicuous places available to em - 17 ployees and applicants for employment. 18 4. The contractor will comply with all provisions of Executive Order 19 11246 of September 24, 1965 and of the rules, regulations and relevant orders of the 20 Secretary of labor. 21 5. The contractor will furnish all information and reports required by 2 Executive Order 11246 of September 24, 1965 and by the rules, regulations and order .23 of the Secretary of labor or pursuant thereto and will permit access to his books, .24 records and accounts by the Department and the Secretary of Labor for purposes of in - 25 vestigation to ascertain compliance with such rules, regulations and orders. 26 6. In the event of the contractor's noncompliance with the nondis- 27 crimination clauses of this contract or with any of such rules, regulations or 28 orders, this contract may be canceled, terminated or suspended in whole or in part Page 3 of 13 1 2 3 4 5 s 91 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 any employee or applicant for employment'becarse of race, color, religion, sex or national origin. The CITY shall take affirmative action to insure that applicants for employment4re employed and that employees are treated during employment, with- out regard to their race, color, religion, sex,or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other form, compensation; and selection for training, including apprentice- ship. The CITY shall post in conspicuous places, available to employees and appli- cants for employment, notices to be provided by the COUNTY setting forth the provi- sions of this nondiscrimination clause. The CITY shall, in all solicitations or advertisements for employees placed by or on behalf of the CITY, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The CITY shall incorporate the fore- going requirements of this paragraph in all of its contracts for program work and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. Such contracts shall be subject to HUD Equal Employment Opportunity regulations 24 CFR Part 130 as applicable to HUD assisted construction contracts. 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 defined in said regulations which is paid for in whole or in part with assistance under the Contract, the following equal opportunity clause: follows: "During the performance of this contract, the contractor agrees as i 1. The contractor will not discriminate against any employee or ap- plicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment. without regard to their race, Page 2 of 13 1 2 3 4 5 7 8 9 10 11 13 14 151 17 18 19 20 21 22 23 24 25 26 27 28 The CITY further agrees that it will refrain from entering into any con- tract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of equal opportunity clause as may be imposed upon contractors and subcontractors by by HUD or the Secretary of Labor pursuant to Part II, Subpart B of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the COUNTY may take any or all of the following actions: Cancel, ter- minate or suspend in whole or in part the grant or loan guarantee; refrain from ex- tending any further assistance to the CITY under the program with respect to which - the failure or refusal occurred until satisfactory assurance of future compliance has been received from such CONTRACTOR (Source: H/CD Funding Agreement 04 and Executive Order 11246, Part II, Subpart B, Section 202) C. Federal Labor Standards Except with respect to the rehabilitation of residential property de - signed for residential use for less than eight families, the CITY and all contractors engaged under contracts in excess of $2,000 for the construction, prosecution, com- pletion or repair of any building or work financed in whole or in part with assist- ance provided under this contract, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 (Copeland Act), 5. and 5a (Davis -Bacon Act), governing the payment of wages and the ratio of apprentices and trainees to journeymen: Pro- vided, that if wage rates higher than those required under such regulations are im- posed by state or local law, nothing hereunder is intended to relieve the CITY of its obligation, if any, to require payment of the higher rates. The CITY shall cause or require to be inserted in full, In all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and for such contracts in excess of Page 5 of 13 1 2 3 4' 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 26 and the contractor may be declared ineligible for further Government contracts or federally assisted construction contract in accordance with procedures authorized In Executive prder 11246 of September 24, 1965, or by rules, regulations or order of the Secretary of Labor or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately preceeding paragraph (1) beginning with the words "During the performance of..." and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of the Executive order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will,take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department the contractor may request -the United States to an - .ter into such litigation to protect the interest of the United States." The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employement practices when it participates in federally assisted construction work. The above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such CITY which does not participate in work on or under the contract. The CITY agrees that it will assist and cooperate actively with COU17TY, HUD and the Secretary of Labor in obtaining the compliance of contractors and subcon- tractors with the equal opportunity clause and the rules, regulations and relevant orders of tho Secretary of Labor; that it will furnish the COUNTY, HUD and the Secre- tary of labor such information as they may require for the supervisions of such com- pliance; and that it will otherwise assist the above parties In the discharge of its primary responsibility for securing compliance. Page 4 of 13 1 to affirmatively further fair housing in the salte or rental of housing, the financing 2 of housing, and the provision of brokerage services. 3 :3. Section 109 of the Housing and Community Development Act of 1974, 4 and the regulations issued pursuant thereto (74 CFR Part 570.601), which provides 5 that no person in the United States shall on the grounds of race, color, national 6 origin, or sex, be excluded from participation in, be denied the benefits of, or be 7 subjected to discrimination under, any program or activity funded in whole or in 8 part with funds provided under this Part. 9 4. Executive Order 11063 on equal opportunity in housing and nondis- 10 crimination in the sale or rental of housing built with Federal assistance. 11 (Source: Vol. 43, 2b. 41, Title 24 CFR Part 570.307 (L 1-4)) 12 E. Accessibility/Usability of Facilities and Buildings for Physically 13 Handicapped- 14 The CITY in any activity directly or indirectly financed under this 15 contract shall require every building or facility (other than a privately owned resi- 16 dential structure) designed, constructed, or altered.with funds provided under this 17 Part to comply with the "American Standard Specifications for Making Buildings and 18 Facilities Accessible to, and Usable by, the Physically Handicapped," Number 19 A -117.1-R 1971, subject to the exceptions contained in 41 CFR 101-19.604. The CITY 20 will be responsible for conducting inspections to insure compliance with these speci- 21 fications by any contractor or subcontractor (Source: 24 CFR Part 570.307 (K)) 22 F. Relocation 23 1. the CITY in any activity directly or indirectly financed under this 24 contract shall: 25 a. To the greatest extent practicable under State law, comply with 26 Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the 27 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 28 will comply with Sections 303 and 304 of Title III, and HUD implementing instructions Page 7 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 $10,000, 29 CFR 5a.3. The "Federal labor Standards Provisions" (HUD 4010) are made part of this coptract. ft award of the contracts covered under this section of the contract shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. (Source: R/CD Funding Agreement f7) All documents submitted by the CITY to the COUNTY which are required for compliance with the Federal Labor standards, shall be certified as being true, accurate, and complete by the City Engineer or the Director of Public Works. (Source: Orange County H/CD) D. Ron; -Discrimination The CITY in any activity directly or indirectly financed under this contract, shall comply with: 1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and the regulations 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 exclu- ded from participation in, be denied the benefits of, or be otherwise subjected 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 thereon is provided or improved 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 foi which the Federal financial assistance is extended, or for another pur- pose involving the provision of similar services or benefits. 2. Title VIII of the Civil Rights 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 Page 6 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 under this Contract shall be made subject -to the provisions for the elimination of leadbase paint hazards under subpart B of said regulations and the CITY shall be re- sponsible for the inspections and certifications required under Section 35.14(f) thereof. (Source: H/CD Funding Agreement #5 and 24 CFR Part 35) H. Flood Disaster This Contract is subject to the requirements of the Flood Disaster Pro- tection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this Contract is approved for acquisition or construction purposes as defined under Sec- tion 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards, which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(d) of Said Act; and the use of any assistance provided under this Con- tract for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(x) of said Act. Any Contract or Agreement for the sale, lease or other transfer of land acquired, cleared, or improved with assistance provided under this Contract shall contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made avail- able under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq., provisions obligating the transferree and its successors or assignees to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Contract. (Source: H/CD Funding Agreement #3) The CITY shall comply with the provisions of Executive Order 11296, relating Page 9 of 13 1 at 24 CFR Part 42; and 2 1 b. Inform affected persons of their rights and of the acquisition 3 policies and procedures set forth in the regulations at 24 CFR Part 42 and 4 570.602(b). 5 2. The CITY shall also: 6 a. Comply with Title II (Uniform Relocation Assistance) of the 7 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 8 HUD implementing regulations at 24 CFR Part 42 and 570.602(a); 9 b. Provide relocation payments and offer relocation assistance as 10 described in Section 205 of the Uniform Relocation Assistance Act to all persons dis- 11 placed as a result of acquisition of real property for an activity assisted under the 12 Community Development.Block.Crant Program. Such payments and assistance shall be 13 provided in a fair and consistent and equitable manner that insures that the reloca- 14 tion process does not result in different or separate treatment of such persons on 15 account of race, color, religion, national origin, sex, or source of income; 16 3. Assure that, within a reasonable period of time prior to displace - 17 ment, comparable decent, safe and sanitary replacement dwellings will be available to 18 all displaced families and Individuals and that the range of choices available to 19 such persons will not vary on account of their race, color, religion, national 20 origin, sex, or source of income; and 21 4. Inform affected persons of the relocation assistance, policies and 22 procedures set forth in the regulations at 24 CFR Part 42 and 570.602(x). (Source: C 23 Vol. 43, Ho. 41 Title 24 CFR Part 570.307 (n 24 C. Lead -Based Paint Hazards 25 The construction or rehabilitation of residential structures with as - 26 sistance provided under this Contract is subject to the HUD Lead -Base Paint regula- 27 tions, 24 CFR Part 35. Any grants or loans made by the CITY or work performed by 28 the CITY for the rehabilitation of residential structures with assistance provided EPA, Office of Federal Activities or any agent of that office, that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA list of Violating Facilities. 4. An Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraph (1) through (4) of this section in every non-exempt subcontract and requiring that the contractor will take such action as the Government may direct as a means of enforcing such provisions. I In no event shall any amount of the assistance provided under this con- tract be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water i Pollution Control Act. (Source: H/CD Funding Agreement i6) J. Management Compliance The CITY in any activity directly or indirectly financed under this contract shall comply with the regulations, policies, guidelines and requirements of OMB Circular ho. A-102, Revised, and Federal Management Circular 74-4: Cost princi- ples applicable to grants and contracts with State and local governments, and Federal Management Circular 74-7: Uniform Administrative Requirements for grant-in-aid to State and local governments as they relate to the application, administration, accept- ance and use of Federal funds under this Part. (Source: Vol. 43, Pb. 41, Title 24 CFR i Part 570.307 (g)) i K. Obligations of Contractor with Respect to Certain Third Party Relationships The CITY shall remain fully obligated under the provisions of this con- tract notwithstanding Its designation of any third party or parties for the under- taking of any part of the program with respect to which assistance is being provided I under this contract to the CITY. Such third party or parties shall comply with all lawful requirements of the CITY necessary to insure that the program with respect to which assistance is being provided under this contract to the CITY is carried out in I Page 11 of 13 j S 11 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. (Source: Vol. 43, W. 41, Title 24 CFR 570.307 (j)) I. Compliance with Air and Water Acts The CITY shall cause or require'to be inserted in full in all nonexempt contracts or subcontracts for work furnished in whole or in part by the grant con- tracts, the following requirements (provided that contracts, subcontracts and sub - loans not exceeding $100,000 are exempt from this part: This Contract is subject to the requirements of the Clean Air Act, as amended 42 USC 1857 at seq., the Federal Water Pollution Control Act, as amended 33 USC 1251 at seq. and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. In compliance with said regulations, the CITY shall cause or require to be inserted 'in full in all contracts and subcontracts dealing with any non-exempt transaction thereunder funded with assistance provided under this contract, the fol- lowing requirements: 1. A stipulation by the contractor or subcontractors that any facility to be utilized in the performance of any non-exempt contract or subcontract is not listed on the list of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. 2. Agreement by the Contractor that he will comply with all the re- quirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and Sec- tion 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318) relating to inspection, monitoring. entry, reports and information, as well bas all other requirements specified in said Section 114 and Section 308, and all regulations k and guidelines issued thereunder. 3. A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director of the Page 10 of 13 i 1 0. Hatch Act Compliance 2 The CITY and COUNTY shall comply with the provisions of the Hatch Act II 3 which limits the political activity of employees. (Source: Vol. 43, No. 41, Title 4 24 CFR Part 570.307 (q)) 5 P. Definitions j 6 Throughout these Special Provisions the meaning of words shall be that 7 meaning given by the act, regulation, Executive Order, Federal Management Circular, 8 agreement, or rule cited herein as the source for the section in which the word ap— !I i 9 pears. (Source: Orange County Counsel) 10 Q. Note 11 Federal Management Circular 74-7 has been replaced with Office of I 12 Management and Budget (OMB) A-102. 13 i 14 15 16 17 19 20 21 22 23 24 25 26 27 28 AP:dlcll61(10) Page 13 of 13 21 3 4 5 6 i 71 8' 1 9 10 11 12 13 14 15 16 17 18, 19' 20 21 22 23 24 25 26 27 28 accordance with the CITY's assurances and certifications, including those with respect to the assumption of environmental responsibilities of the CITY under Section 104(h) of the Housing and Community Development Act of 1974. (Source: H/CD Funding Agree- ment 09) L. Interest of Certain Federal Officials No member or Delegate to the Congress of the United States and no Resi- dent Commissioner, shall be admitted to any share or part of this contract or to any benefit to arise from the same. (Source: H/CD Funding Agreement 010) M. Interest of Members, Officers or Employees of CITY, Members of Local Governing Body or Other Public Officials No member, officer or employee of the COUNTY or CITY or its designees or agents, no member of the governing body of the locality in which the program is ,situated and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract, subcontract or the proceeds thereof, for work to be performed in connection with the program assisted under this contract. The CITY shall incorporate or cause to be in- 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 011 and Vol. 43, No. 41, Title 24 CFR 570.307 (p)) 17. Prohibition Against Payments of Bonus or Commission The assistance provided under this contract shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approvaltof the application for such assistance or HUD approval of application for additional assist - &nee of any other approval or concurrence of HUD required under this contract, pro- vided, however. that reasonable fees -or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program coat. (Source: N/CD Funding Agreement 012) I' Page 12 of 13 v� EXHIBIT "B" C26797 Rehabilitation of Private Properties: Shaded Area Housing/Community Development 1"-600' ❑ SAN JUAN CAPISTRANO ENVIRONMENTAL MANAGEMENT AGENCY -69- AND COOPERATION AGREEMENT A THIS AGREEMENT is entered into this b day oe UQLY/l/ BY AND BETWEEN CITY OF SAN .TUAN CAPTSTRAN0 a municipal corporation, hereinafter referred to as CITY, COU14TY OF ORANGE, a political subdivision of the State of California and recognized Urban County under the Federal Housing and Community Development Act of 1974 h 1977, hereinafter referred to as COUNTY. WHEREAS, Title I of the Housing and Community Development Acts of 1974 and 1977, hereinafter referred to as ACT, makes available to cities under 50,000 popula- tion and the unincorporated area of the County of Orange certain sums to be used for a broad range of Housing and Community Development activities, and WHEREAS, said ACT authorizes such cities and said COUNTY to enter into cooperation agreements in order to cooperate in undertaking or assisting in under- taking, essential community development and housing assistance activities, specifi- cally urban renewal and publicly assisted housing; NOW, THEREFORE, the parties agree as follows: 1. This Agreement shall constitute a cooperation agreement between the parties within the meaning of Section 102(a)(b) of the ACT. The parties agree to cooperate in the undertaking, or assisting in undertaking, community development and lower income housing activities, specifically urban renewal and publicly assisted housing. 2. COUNTY shall be responsible for the preparation, adoption and submission of an Urban County Application to the Department of Housing and Urban Development, hereinafter referred to as "HUD." In the preparation of said application, COUNTY shall give due consideration to CITY's analysis of community development needs and proposed activities. -1- i • 3. CITY shall comply with the COUNTY's community development program and the Housing Assistance Plan, and all laws, regulations and policies applicable to said grant. 4. Both COUNTY and CITY agree to take all required activities to comply with the provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of the Housing and Urban Development Act of 1968 and other civil rights laws. 5. In the event COUNTY's Urban County application is approved by HUD, COUNTY shall contract with the CITY to utilize any such grant funds received from HUD which are attributable to activities conducted by CITY, unless another form of distribution is, required by HUD. 6. This agreement shall be for the three year program period covering the 8th, 9th, and 10th year Housing and Community Development Block Grant applications In no event shall this agreement be terminated before this three year period. 7. The activities to be undertaken during the term of this Agreement will be chosen by CITY from the following listing: a. Acquisition of Real Property b. Public Works, Facilities, Site Improvements C. Code Enforcement d. Clearance, Demolition, Rehabilitation e. Rehabilitation Loans and Grants f. Special Projects for Elderly and Handicapped g. Payments for Loss of Rental Income h. Disposition of Real Property i. Provision of Public Services j. Payment of Non -Federal Shares k. Completion of Urban Renewal Projects 1. Relocation Payments and Assistance M. Planning and Management Development n. Administrative o. Continuation of Model Cities Activities 8. a. CITY shall indemnify, hold harmless and defend COUNTY, its officers agents and employees against all liability, claims, losses, demands and actions for injury to or death of persons or damage to property arising out of or alleged to arise out or in consequence of this Agreement, provided such liability, claims, demands, -2- 9 0 losses or actions are claimed to be due to the acts or omissions of CITY, its offi- cers, agents or employees in the performance of this Agreement, including any activities conducted by CITY under its application. b. In addition, CITY shall indemnify and hold harmless COUNTY against any liability, claims, losses, demands, and actions incurred by COUNTY as a result of a determination by HUD that activities undertaken under CITY's application failed to comply with any laws, regulations, or policies applicable thereto or that any funds forwarded to CITY under this Agreement were improperly expended. C. The provisions of paragraphs 1, 3, 4, 5, 6 and 7 of Section 2778 of the California Civil Code, as said section exists on the effective date of this Agreement, shall be applicable to the above indemnification provisions. Transmittal to CITY of any pleadings served upon COUNTY shall be deemed to be a request to defend. 9. COUNTY shall have the right to audit CITY's records to determine com- pliance with this Agreement. Qc15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C� 0 IN WITNESS THEREOF, CITY has caused this agreement to be executed by its Mayor ,and attested by its Clerk and COUNTY has caused this contract to be executed by the Chairman of the Board of Supervisors and attested by its Clerk, all having been duly authorized by the City Council of CITY and the Orange County Board of Supervisors. Dated: ATTEST: —> / City Clerk CITY OF SAN JUAN CAPISTRANO �T TLLl T�� HQ MAYOR Approved to form: Citg ttorney fo tyQ City of San Juan Capistrano Byrt • e Ck� _a j� i4_ - Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO %THE CHAIRMAN OF THE BOARD. VI ::mDL " r J, ) U JUNE ALEXANDER Clerk of the Board of Supervisors County of Orange, California APPROVED AS TO FORM: F'4 0 - 8/ ADRIAN KUYPER, County Counsel ORANGE COUNTY, CALIFORNIA By H/CD (P 1 AP:dlc1162(3) -4- COUNTY OF ORANGE, a political subdivision of the State of California �����y' v BY A" Chairman of the Board of Supervisors PROJECT DESCRIPTION Los Rios Planned Housing District 1. Land Acquisition Additional funds are needed to complete property acquisition, and the balance will be phased over a period of five years. 2. Trabuco Sewer and Easement An additional $29,700 are sought to fully fund the sewer that will serve low-income residents of the Planned Housing District. 3. Mission Street Extension Paving and drainage improvements to complete Mission Street in the Planned Housing District are being requested. 4. Ramos Street Extension Sewer, paving, and drainage from this year's application Housing District. Housing Rehabilitation 5. Little Hollywood improvements are requested to serve the Planned Funding will augment existing grant funds allocated for housing rehabilitation in the Planned Housing District. 6. Balance of Area Additional monies will supplement funds presently available for rehabilitation loans and grants to benefit the low- and moderate -income residents of the Los Rios Target Area. Public Facilities and Improvements 7. Sewer Replacement and Street Improvements The Los Rios Street sewer is in a deteriorated condition, as it was made of adobe in the 1920's, is cracking, and should be replaced. Additionally, drainage and paving of the street are being proposed. IR Ani 94 d \ \ t ' 4 ® i\ t (lousing Cost Reduction 1 Land Acquisition�� Z—� G n � �n O � 2 Trabuco Sewer 3 Mission St. Extension 4 Ramos St. Improvements liousinb' aon Rehabilittir ' ° ° I � � � // 1 1 v �d ' i $ Little Hollywood ���� � �, Y ✓ 6 Balance of Area Public Facilities F, Improvements 7 Los Rios Sewer Replacemcn-_ i� OEL O&SoO ST ❑ o u� ❑❑ 8TH YEAR HCD GRANT APPLICATION - V�"_ -� ^^""""�<NR,i♦ o so Baa � 11 ro Project Locations „e .,... <... �^�-<�••^�°"°� IaMpw�11�15JY •111 0 a ?. HOUSING REHABILITATION STATUS REPORT - LOS RIOS AREA (23) Written Communications: Report dated June 9, 1983, from the Director of Community Planning and Development advising that, in the past, Housing and Community Development Block Grant Funds have been used for public improvements and land acquisition in the Los Rios area; that in the future, projects and programs, including rehabilitation will be funded from the Capital Improvements Budget and through the Community Redevelopment Agency. The report outlines the methods and programs for improvements in the Los Rios neighborhood and the scheduling of relevant items for Council review; i.e., bid documents, Trabuco Sewer - June 21; bid documents, Mission and Ramos Street extension - July 19; loan program agreement - July 5; and, nonprofit housing corporation formation - September 6, With the concurrence of Council, Mayor Bland ordered the report received and filed. AGENDA ITEM June 9, 1983 TO: Stephen B. Julian, City Manager FROM: Thomas G. Merrell, Director Community Planning and Development SUBJECT: Housing Rehabilitation Status Report - Los Rios Area SITUATION A. Background The preservation and rehabilitation of the Los Rios neighborhood has been of importance to the City since the early 1970s. The adoption of the Los Rios Precise Plan in 1974 set official policy and suggested implemen- tation tools to meet the goals of neighborhood preservation and housing rehabilitation. The provision of essential public improvements (i.e., roads and sewer service) and the acquisition of land have served to insure public health and safety and to maintain the long-term residents essential for the continuation of the area's sense of neighborhood. In the recent past, federal funds through the Housing and Community Development Block Program have been used for public improvements and land acquisition. In the future, projects and programs will be funded from the Capital Improvements Budget and through the Community Redevelopment Agency. Likewise, additional money for rehabilitation will come from the above-mentioned sources. It is the purpose of this report to present to the City Council an overview of the increased activity in the Los Rios neighborhood, outline the methods and programs for improvement, and the scheduling of relevant items for City Council review. Each of the following topic areas will address those items. B. Public Improvements Currently, the Housing and Community Grant Program (HCDBG) in the 7th and provides funds for the development of Trabuco Creek and for the extensions Streets. These projects are intended serve existing and proposed homes in neighborhood. Both of these projects FOR CITY COUNWItL AGENDA .4.. Development Block 8th year entitlements a sewer line along of Mission and Ramos and designed to the Little Hollywood will be complete Agenda Item -2- June 9, 1983 before the end of this calendar year. The City Council will review the bid documents for the projects on the following dates: Trabuco Sewer - June 21 ° Mission/Ramos Street Extensions - July 19 Additional public improvements are necessary in the Los Rios neighborhood which are not funded by HCDBG. These improvements are necessary to maintain the public health and safety, as well as to implement the Los Rios Precise Plan. At the present time, these projects are prioritized in the Capital Improvements Budget. C. Housing Rehabilitation Thus far, the rehabilitation of the housing stock has focused upon privately owned homes and was initiated, in part, by the City. The Sutherland and Jones' houses have seen major rehabilitation work completed. Both residents received low interest loans through a City sponsored program. Minor repair work has been done on a number of other residences with the help of $500 grants provided by the City. In the recent past, rising interest rates made the "buydown" of the loans prohibitive and, as a result, the City is no longer participating in the program sponsored by Security Pacific Bank. In the past several months, staff has been reviewing other loan programs. As a result, a program will be drawn and presented to the City Council at their July 5 meeting. Coupled with the reinstitution of the loan program, there will be a public contact program in the Los Rios neighborhood to encourage the rehabilitation of units utilizing low interest loans. The second major thrust of the rehabilitation program will be targeted for the Little Hollywood neighborhood. As is known, the City, in part through HCDBG funds, has recently acquired the Peinado and Jimenez estates. Upon the completion of the sales in April, City staff surveyed the properties and units to target areas of immediate need. Regular trash disposal service has been instituted. City maintenance crews have been servicing the boundary land- scaping. The Capistrano Valley Water District has been contacted to remove a hazardous, vermin -infested water well tower in the area. Further, the staff is in the process of developing rent agreements and a housing maintenance program. Agenda Item -3- June 9, 1983 It is anticipated that by July 1 a contract will be let to remove abandoned vehicles and nonhistoric, uninhabitable structures, abate weeds, and trim landscaping. At the present time, $110,000 has been allocated through HCDBG funds for rehabilitation in the Los Rios area. Of these funds, the staff is recommending that $50,000 be set aside for the Security Pacific loan program (the money is leveraged so that, in essence, we would have up to $150,000 to loan out). These loans would be "seed" money for privately owned property. The remaining $60,000 would be used to initiate a structural rehabili- tation program in the Little Hollywood neighborhood. The inventory of units in Little Hollywood will be used as a basis for renovation determination. Units will be targeted for rehabilitation, with project initiation to begin in late September. New units will be built in the near future, and there is a possibility that structures in town or nearby may be moved into the neighborhood. D. Nonprofit Development Corporation One of the primary goals of the Los Rios Precise Plan is to encourage the neighborhood to become self-sufficient. The principal method to implement this goal was deemed to be a nonprofit development corporation. The corporation would rehabilitate existing units, construct new homes, and oversee the maintenance of the Los Rios neighborhood. There would, of course, be a transition period wherein City staff and funds would be used to initiate the corporation. Thus, through a joint effort by the City, the Community Redevelopment Agency and the nonprofit corporation, the goals of the Los Rios Precise Plan can be implemented. Staff will be developing the framework for the corporation and will be presenting recommendations for the implemen- tation of the action at the first City Council meeting in September. E. Summary The acquisition of the Peinado and Jimenez estates, the completion of important public improvement projects, the formation of a Community Redevelopment Agency, and increased community interest have caused the staff to accelerate the preparation of a work program for the implementation of the final stages of the Los Rios Precise Plan. As such, the City Council will be reviewing the following items during the next few months: Agenda Item -4- June 9, 1983 ° Bid documents, Trabuco Sewer - June 21 ° Bid documents, Mission and Ramos Street extension - July 19 ° Loan program agreement - July 5 ° Nonprofit housing corporation formation September 6 Pending budgetary approval, other projects (i.e., the Los Rios sewer and the Mission Street crossing) may be implemented during the months ahead. F. Other Board/Commission, Committee Reviews The Los Rios Review Committee has been meeting over the last several months to review the programs and proposals listed above. Additional meetings over the next few months will be required as details develop regarding the plan, as well as to continue to inform the residents of loan availability. FINANCIAL CONSIDERATIONS There are no financial impacts as a direct result of this report. However, as the projects and proposals reach the City Council for consideration, specific fiscal impacts will be addressed. ALTERNATE ACTIONS 1. Receive and file. RECOMMENDATION Receive and file the report. Respectfully subm'tted, 00 Thomas G. Merrell, Director Community Planning and Development TGM:MPP:jtb 0 MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA April 26, 1983 IN RE: CONTRACT HOUSING AND C01414UNITY DEVELOPMENT REHABILITATION OF PRIVATE PROPERTIES SAN JUAN CAPISTRANO On motion of Supervisor Riley, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute Housing and Community Development Contract No. C26797, dated April 26, 1983, between the County of Orange and the City of San Juan Capistrano for rehabilitation of private properties. IN RE: CONTRACT HOUSING AND COMMUNITY DEVELOPMENT PUBLIC FACILITIES AND IMPROVEMENTS SAN JUAN CAPISTRANO On motion of Supervisor Riley, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute Housing and Community Development Contract No. C26796, dated April 26, 1983, between the County of Orange and the City of San Juan Capistrano for public facilities and improvements. IN RE: CONTRACT CHANGE ORDER NO. 2 KITTERMAN DRIVE BRIDGE DECK AMERICAN CONSTRUCTION On motion of Supervisor Riley, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute Contract Change Order No. 2, dated April 26, 1983, to the contract with American Construction, for Kitterman Drive Bridge Deck. � RECEIVED ' MAY'? %A^ E.WI.t+ ®F'1013-2.3 (12/76) MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA April 2.6, 1983 IN RE: CONTRACT HOUSING AND COMMUNITY DEVELOPT1ENT REHABILITATION OF PRIVATE PROPERTIES SAN JUAN CAPISTRANO On motion of Supervisor Riley, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute Housing and Community Development Contract No. C26797, dated April 26, 1983, between the County of Orange and the City of San Juan Capistrano for rehabilitation of private properties. IN RE: CONTRACT HOUSING AND COMMUNITY DEVELOPMENT PUBLIC FACILITIES AND IMPROVEMENTS SAN JUAN CAPISTRANO On motion of Supervisor Riley, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute Housing and Community Development Contract No. C26796, dated April 26, 1983, between the County of Orange and the City of San Juan Capistrano for public facilities and improvements. IN RE: CONTRACT CHANGE ORDER NO. 2 KITTERMAPI DRIVE BRIDGE DECK AMERICAN CONSTRUCTION On motion of Supervisor Riley, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute Contract Change Order No. 2, dated April 26, 1983, to the contract with American Construction, for Kitterman Drive Bridge Deck. 'RECEIVED MAY 2 198,3 E.MA, (aF1013-2.3 )12/76) t 0 AGENDA ITEM TO: Stephen B Julian, City Manager 0 April 5, 1983 FROM: Thomas G. Merrell, Director Community Planning and Development SUBJECT: 8th Year Housing and Community Development Block Grant Contracts SITUATION In early 1982, the Board of Supervisors approved funding for the eighth year of the Housing and Community Development Block Grant Program (HCDBG). This operating year calls for the expenditure of $85,000 for improvements to Mission and Ramos Streets and $25,000 as rehabilitation monies in the Los Rios neighborhood. In order for the City to utilize these 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 these agreements for the past seven funding years. These agreements are attached. FINANCIAL CONSIDERATIONS As in the past, the City has agreed to absorb administrative, engineering and planning costs. Thus, all monies received by the City through this program have been directly applied to the residents of the Los Rios neighborhood. The capital improvements monies will not exceed $85,000 --the amount provided to the City from the County. This money is credited to Account No. 06-4706-545 and 546. Salary costs from Planning staff will come from Account No. 01-4310-111 and from Engineering Account No. 01-4420-111. The Engineering Department will hire outside design and surveying consultants for the project. The funds will come from Account No. 01-4420-213. The monies for this project are allocated in the current budget. All these costs will be charged to the Redevelopment Agency. ALTERNATE ACTIONS 2. Authorize the Mayor to execute the eighth year HCDBG operating agreement. Modify the agreement and authorize the Mayor to execute. Refer back to staff for further review. j3d Agenda Item -2- April 5, 1983 ----------------------------------------------------------------- ----------------------------------------------------------------- RECOMMENDATION By motion, authorize the Mayor to execute the eighth year HCDBG operating agreements. ----------------------------------------------------------------- ----------------------------------------------------------------- Respieecct�f"ully submitted, Thomas G. Merrell, Director Community Planning and Development TGM:MPP:jtb Attachments 0 0 I AGENDA ITEM TO: Stephen B. Julian, City Manager FROM: Thomas G. Merrell, Director Community Planning and Development September 1, 1981 SUBJECT: Housing and Community Development Eighth -Year Grant Application - Los Rios Area SITUATION Staff has prepared the application for Eighth -Year Housing and Community Development Block Grant funds in accordance with the City Council policy of participating in the Block Grant Program. The requested funding is to be used to implement the Los Rios Precise Plan. In conjunction with the City's yearly grant request, San Juan Capistrano enters into a Cooperation Agreement (Attachment A) with the County of Orange in conformance with the Housing and Community Development Acts of 1974 and 1979. This Agreement commits both parties to participate in the program for a revised period of three years (fiscal years 1982-1984) and to comply with HCD requirements. Considering this application provides an opportunity to receive public input on the HCDBG program, the issues and needs of the community, and the appropriateness of funding levels. 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 proposed Eighth -Year program consists of a grant request totaling $540,400. Components of the grant are: housing cost reduction, $226,300; housing rehabilitation, $50,000; and public facilities and improvements, $264,100. The funding sought would implement the following projects described in Attachment B. A map (Attachment C) locates the projects in the Los Rios Target Area. Housing Cost Reduction Los Rios Planned Housing District: 1. Land Acquisition (Phase II) - $59,700 2. Trabuco Sewer and Easement - $29,700 3. Mission Street Extension - $48,600 4. Ramos Street ension - $88,300 FOR GTv COUNIC!L AGENDA SUBTOTAL $226,300 0 0 Agenda Item Housing Rehabilitation -2- Los Rios Target Area: 5. Little Hollywood - $25,000 6. Balance of Area - $25,000 Public Facilities and Improvements Los Rios Street: 7. Sewer Replacement and Street Improvements - $264,100 September 1, 1981 SUBTOTAL $ 50,000 SUBTOTAL $264,100 GRAND TOTAL $540,400 Eighth -Year funds for housing cost reduction are to be used to write down the cost of Phase II land acquisition, the Trabuco sewer, extension of Mission Street, and completion of improvements to Ramos Street. Funds for housing rehabilitation are to be used to augment existing rehabilitation monies for Little Hollywood and the target area in general. Public improvements to be undertaken include the sewer re- placement and street improvements to Los Rios Street. On August 13, 1981, the Los Rios Review Committee reviewed the proposed application and supports the request. On August 22, 1981, the Committee held a neighborhood meeting at the Montanez Adobe and received additional public input supporting the City's request. The Planning Commission reviewed the proposed program on August 25, 1981, and con- curred with the Committee's recommendation for funding for the Eighth -Year Program. ALTERNATE ACTIONS 1. Receive public input and concur with the recommendations of the Los Rios Review Committee to apply for $540,400 in HCDBG funds. 2. Receive public input and refer item to the Los Rios Review Committee for further review. 3. Receive public input and recommend that the Eighth -Year HCDBG application be modified. Agenda Item -3- September 1, 1981 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 Eighth -Year Grant Application for $540,400. 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 Eighth -Year Grant Application. RECOMMENDATION Hold a public hearing; concur with the recommendations of the Los Rios Review Committee and the Planning Commission; by motion, approve the Eighth -Year Grant Application for $540,400, and authorize the Mayor to execute the attached Cooperation Agreement. Respectfully submit ed, Thomas G. Merrell, Director Community Planning and Development TGM:JAL:jtb Attachments PROOF OF PUBLIC (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange City of San Clemente I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal ckerk of the printer of the San Clemente Sun -Post a newspaper of general circulation printed and DAILY published.................................................................... in the City of San Clemente County of Orange, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California under the date of March 11, 1Q60, Case Number A9140; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any snpplement thereof on the following dates, to -wit: August 21 all in the year 19.....81 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this 21stayof .. ..August ust 19 81, d��%....... --.....--._._......_.......... , Signature SAN CLEMENTE PUBLISHING CORP. 1542 North El Camino Real - P.O. Box 367 San Clemente, Calif. 92672 - Phone 714-492-5121 Thio space * the County Clerk's Filinr Stam" RFCFIVf D AUc tO 21 3, "'81 r, Proof of Publicitlon of NOTICE OF PUBLIC HEARING NOTICE OF TRANSMITTAO LEGAL PUBLICATIONS • TO: DAILY SUN -POST Helen Nielsen, Legal FOR PUBLICATION ON: FRIDAY, AUGUST 21, 1981 DOCUMENT(S) TO BE PUBLISHED: NOTICE OF PUBLIC HEARING - APPLICATION FOR HOUSING AND COMMUNITY DEVELOPMENT ACT GRANT FUNDS - EIGHTH 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 17, 1981 r Date of Public Hearing 9/1/81 Date(s) notice published 8/21/81 Date affidavit received Date notice posted in designated posting places (3) 8/21/81 Date notice(s) posted on property 8/21/81 Date of mailing notices to property owners 8/21/81 NOTICE OF PUBLIC FEARING NOTICE IS HEREBY GIVEN, that on the 1st day ofSeptember . 191, at 7:00 P.M., in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council will hold a public hearing on the following: APPLICATION FOR HOUSING AND COMMUNITY DEVELOPMENT ACT GRANT FUNDS - City application to receive eighth year funding under the Orange County Housing and Community Development Grant Application. Public comments will be received and reviewed for inclusion in the eighth year grant program. Eligible activities for funding and a three-year Neighborhood Revitalization Strategy Program for implementation with the Los Rios target area are included. The Los Rios area is bounded by Trabuco Creek on the west, Del Obispo Street on the south, Santa Fe Railroad right-of-way on the east, and Tract 7196 on the north (Mission Village) This project has been reviewed and processed in accordance with the California Environmental Quality Act. The City's Environmental Review Board has determined that the Environmental Impact Report prepared for the Los Rios Precise Plan adequately addresses possible adverse impacts and therefore fulfills the requirement of CEQA by -using a single EIR. Those desiring to be heard in favor of, or in opposition to this item will be given an opportunity to do so either orally or by writing to the Citv