1984-1009_ORANGE. COUNTY OF_Cooperation Agreement1
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COOPERATION AGREEMENT
THIS AGREEMENT is entered into this day of S
BY
a RECEIVEa `\
AND
E NOV 61984 9
CITY OF /
SAN JUAN CAPISTRANO,
Z� CALIFORNIA
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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 93-383),
as amended, hereinafter referred to as COUNTY.
WHEREAS, Title I of the Housing and Community Development Act of 1974
12 11 (Public Law 93-383), as amended, hereinafter referred to as ACT, makes available to
13 cities under 50,000 population and the unincorporated area of the County of Orange
14 II grants to be used for eligible Housing and Community Development activities, and
15 WHEREAS, said ACT authorizes such cities and said COUNTY to enter into
161 agreements in order to cooperate to undertake or assist in undertaking, community
17 renewal and lower income housing assistance activities, specifically urban renewal
1811 and publicly assisted housing] and
1911 WHEREAS, said Agreements give COUNTY authority to carry out activities
20 which will be funded from annual Community Development Block Grants for Fiscal Years
21 1985, 1986 and 1987 appropriations;
22 NOW, THEREFORE, the parties agree as follows:
23 1. This Agreement shall constitute a cooperation agreement between the
24 parties within the meaning of Section 102(a)(b) of the ACT. The parties agree to
26 cooperate in the undertaking, or assisting in undertaking, community development and
26 lower income housing activities, specifically urban renewal and publicly assisted
27 housing.
28 2. COUNTY shall be responsible for the preparation, adoption and
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1 submission of an Urban County Application to the Department of Housing and Urban
2 Development, hereinafter referred to as "HUD." In the preparation of said
3 application, COUNTY shall give due consideration to CITY's analysis of community
4 development needs and proposed activities.
5 3. CITY shall attempt to fulfill housing goals established by the HUD
6 approved Housing Assistance Plan and shall comply with the COUNTY's Community
7 Development Block Grant Program and all laws, regulations and policies applicable to
said Program.
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4. Both COUNTY and CITY agree to take all required actions to comply
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with the provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the
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Civil Rights Act of 1968, Section 109 of Title I of the Housing and Community
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Development Act of 1974, as amended, and other applicable civil rights laws.
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5. In the event COUNTY's Urban County application is approved by HUD,
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COUNTY shall contract with the CITY to utilize any such grant funds received from
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HUD which are attributable to activities administered by CITY, unless another form
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of allocation is required by HUD.
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6. This Agreement shall be for the three year program period covering
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the 11th, 12th and 13th years (Fiscal Years 1985, 1986 and 1987, respectively)
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Housing and Community Development Block Grant applications. In no event shall this
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Agreement be terminated before the expiration of this three year period beginning
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July 1, 1985 and ending June 30, 1988.
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7. The eligible activities to be undertaken during the term of this
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Agreement will be chosen by CITY from the following listing:
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a. Acquisition of Real Property
24 b. Public Works, Facilities, Site Improvements
c. Code Enforcement
25 d. Clearance, Demolition, Rehabilitation
e. Rehabilitation Loans and Grants
26 f. Special Projects for Elderly and Handicapped
g. Payments for Loss of Rental Income
27 h. Disposition of Real Property
i. Provision of Public Services
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Payment of Non -Federal Shares
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k.
Completion of Urban Renewal Projects
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Relocation Payments and Assistance
of this Agreement, provided such liability,
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Planning and Management Development
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n.
Administrative
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Continuation of Model Cities Activities
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p.
Historic Preservation
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Economic Development
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611 S. a. CITY shall indemnify, hold harmless and defend COUNTY, its
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officers, agents and employees against
all liability, claims, losses, demands and
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actions
for injury to or death of persons or damage to property arising out of or
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alleged
to arise out or in consequence
of this Agreement, provided such liability,
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claims,
demands, losses or actions are
claimed to be due to the acts or omissions of
1111 CITY, its officers, agents or employees in the performance of this Agreement,
12 11 including any activities conducted by CITY under its application.
1311 b. In addition, CITY shall indemnify and hold harmless COUNTY
14 against any liability, claims, losses, demands, and actions incurred by COUNTY as a
15 result of a determination by HUD that activities under CITY's application failed to
16 comply with any laws, regulations, or policies applicable thereto or that any funds
17 forwarded to CITY under this Agreement were improperly expended.
1811 c. The provisions of = xagsaphs 1, 1, 4, 5, 6 and 7 of Section 2778
19 of the California Civil Code, as said section exists on the effective 'date of this
20 Agreement, shall be applicable to the above indemnification provisions. Transmittal
21 to CITY of any pleadings served upon COUNTY shall be deemed to be a request to
22 defend.
23 9. a. COUNTY shall indemnify, hold harmless and defend CITY, its
24 officers, agents and employees against all liability, claims, losses, demands and
25 actions for injury to or death of persons or damage to property arising out of or
26 alleged to arise out or in consequence of this Agreement, provided such liability,
27 claims, demands, losses or actions are claimed to be due to the acts or omissions of
28 COUNTY, its officers, agents or employees in the performance of this Agreement,
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including any activities conducted by COUNTY under its application.
b. In addition, COUNTY shall indemnify and hold harmless CITY
against any liability, claims, losses, demands, and actions incurred by CITY as a
result of a determination by HUD that activities undertaken under COUNTY's
application failed to comply with any laws, regulations, or policies applicable
thereto or that any funds forwarded to COUNTY 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 COUNTY of any pleadings served upon CITY shall be deemed to be a request to
defend.
10. COUNTY shall have the right to periodically audit CITY's records to
determine compliance with this Agreement.
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1 IN WITNESS THEREOF, CITY has caused this Agreement to be executed by its
2 Mayor and attested by its Clerk and COUNTY has caused this Contract to be executed
3 by the Chairman of the Board of Supervisors and certified by its Clerk, all having
4 been duly authorized by the City Council of CITY and the Orange County Board of
5 1 Supervisors.
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CITY OF SAN JUAN CAPISTRANO
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8 Dated: Sap tpmhar l R 1 9R4 By dd�1
L HAUSDORFER, MAYO
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City Clerk
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APPROVED AS TO FORM:
14 COUNTY OF ORANGE, a political subdivision
of the State of California
15 JOHT R. SHAW, CITY ATTORNEY
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17 Dates: �('�!/iJ L, %L��By
Chairman of the Board of Supervisors
18 COUNTY .
19 SIGNED AND CERTIFIED THAT A COPY OF
1 THIS DOCUMENT HBEEN DELIVERED TO
2p TEE CHAIRMAN OF AS THE BOARD.
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LINDA D. ROBERTS
23 Clerk of the Board of Supervisors
of Orange County, California
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APPROVED AS TO FORK:
25 ADRIAN KUYPER, County Counsel/
ORANGE COUNTY, CALIFORNIA
26G��
By
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28 H/CD
CAsdesDH24-23 -5-
2.
x(38) Written Communications:
(89) Report dated September 18, 1984, from the Director of
Community Planning and Development, advising that in order
for the City to remain eligible for Urban County Community
Development Block Grant monies for the next 3 -year period,
1985, 1986, and 1987, the existing cooperation agreement
with the County of Orange must be extended to the period
ending June 30, 1988. A Resolution approving the City's
participation was forwarded for consideration.
Renewalof A reement:
It was moved y Councilman Schwartze, seconded by Councilman
Buchheim, to approve the Cooperation Agreement with the
County of Orange to June 30, 1988, by the adoption of the
following Resolution:
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C.F
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN THE
HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WITH THE COUNTY OF ORANGE
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Mayor and City Clerk were authorized to execute the
agreement on behalf of the City.
AGENDA ITEM September 18, 1984
TO: Stephen B. Julian, City Manager
FROM: Thomas G. Merrell, Director
Community Planning and Development
SUBJECT: Renewal of 3 -Year Participation Agreement With
the County of Orange
SITUATTON
The 1974 Housing and Community Development Act authorizes
cities under 50,000 population to enter into cooperation
agreements with the County for the purpose of undertaking
essential housing and community development activities.
This year the Federal Department of Housing and Urban Develop-
ment (HUD) is recertifying urban counties for Community
Development Block Grant funding. Essentially, it authorizes
the County of Orange to enter into 3 -year cooperation agreements
with cities wishing to participate in the Housing and Community
Development Block Grant program.
The City has entered into cooperation agreements with the
County in the past. The present 3 -year agreement expires on
June 30, 1985, and it protects funds received to date. In
order for the City to remain eligible for Urban County CDBG
monies for the next 3 -year period (FY 1985, 1986, and 1987),
the existing agreement must be extended to the period ending
June 30, 1988. The extended agreement will allow the City
to be in the program and retain the option to participate in
the yearly grant requests.
Attached is a resolution approving the City's continued partici-
pation in the HCDBG program with the County of Orange.
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not applicable.
FINANCIAL CONSIDERATIONS
None.
ALTERNATE ACTIONS
1. Adopt the resolution extending the Cooperation Agreement.
2. Adopt the resolution with modifications to the agreement.
3. Refer back to staff for further review.
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FOR CITY COUNCIL. AGENDA . 1 . • Ea.
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RESOLUTION NO. 84-9-18-5
THREE-YEAR PARTICIPATION AGREEMENT
WITH THE COUNTY OF ORANGE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
THE CITY'S PARTICIPATION IN THE HOUSING AND
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH
THE COUNTY OF ORANGE
J f
WHEREAS, it is the intent of the City of San Juan
Capistrano to participate in the filing of an application with
the County of Orange for a grant authorized under the Housing and
Community Development Act of 1974, as amended; and,
WHEREAS, the Housing and Community Development Act of
1974, as amended, authorizes cities under 50,000 population to
enter into cooperation agreements with the COUNTY in which they
are located for the purpose of undertaking essential housing and
community development activities; and,
WHEREAS, the federal government requires participating
cities to assure that the funds will be secured and utilized
pursuant to applicable federal, state and local laws and
regulations relative to the Community Development Block Grant
Program; and,
WHEREAS, it is necessary that the CITY adhere to the
Housing Assistance Plan as approved by the U.S. Department of
Housing and Urban Development for the Urban County Community
Development Block Grant Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of San Juan Capistrano does hereby adopt the Cooperation
Agreement.
PASSED, APPROVED AND ADOPTED this 18th day of
September , 1984 by the following vote, to wit:
ATTEST:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
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Agenda Item -2- September 18, 1984
RECOMMENDATION
By motion, adopt the Resolution extending the Cooperation
Agreement with the County of Orange to June 30, 1988.
Respectfully submitted,
Thomas G. Merrell, Director
Community Planning and Development
TGM:RB: jtb
Attachment
RESOLUTION NO. 84-9-18-5
THREE-YEAR PARTICIPATION AGREEMENT
WITH THE COUNTY OF ORANGE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
THE CITY'S PARTICIPATION IN THE HOUSING AND
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH
THE COUNTY OF ORANGE
WHEREAS, it is the intent of the City of San Juan
Capistrano to participate in the filing of an application with
the County of Orange for a grant authorized under the Housing and
Community Development Act of 1974, as amended; and,
WHEREAS, the Housing and Community Development Act of
1974, as amended, authorizes cities under 50,000 population to
enter into cooperation agreements with the COUNTY in which they
are located for the purpose of undertaking essential housing and
community development activities; and,
WHEREAS, the federal government requires participating
cities to assure that the funds will be secured and utilized
pursuant to applicable federal, state and local laws and
regulations relative to the Community Development Block Grant
Program; and,
WHEREAS, it is necessary that the CITY adhere to the
Housing Assistance Plan as approved by the U.S. Department of
Housing and Urban Development for the Urban County Community
Development Block Grant Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of San Juan Capistrano does hereby adopt the Cooperation
Agreement.
PASSED, APPROVED AND ADOPTED this 18th day of
September . 1984 by the following vote, to wit:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
ATTEST:
1 1 �M �•.a./< W'AMIL�
-1-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan F
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 84-9-18-5, adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 18th day of
September 1984
(SEAL)
MARY ANN OV^ , CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 20th day of Sentember , 1984•t
she caused to be posted:
RESOLUTION NO. 84-9-18-5
being: THREE-YEAR PARTICIPATION AGREEMENT
WITH THE COUNTY OF ORANGE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
THE CITY'S PARTICIPATION IN THE HOUSING AND
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH
THE COUNTY OF ORANGE
in -three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
MARY ANN VER, CITY CLERK
San JuartCapistrano, California
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the attached is a
true and correct copy of Resolution No. _84_q_7p_S , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 18th day of
September , 19 84 .
(SEAL)
MUCY ANN VER; City Clerk
San Juan apistrano, California
DATED: This 19th day of September 19 84
SAN
September 19, 1984
Louise McCauley, Planner III
Environmental Management Agency
Housing and Community Development
P. O. Box 4048
Santa Ana, California 92702-4048
Re: Three -Year Participation Agreement
HCD Block Grant Funds
Dear Ms. McCauley:
Enclosed please find a certified copy of Resolution No.
84-9-18-5 approving the City's participation in the Housing and
Community Development Block Grant Program with the County of
Orange through June 30, 1988. Also enclosed are three signed
copies of the Cooperation Agreement. Upon approval by the Board
of Supervisors, please return one fully -executed copy of the
Agreement to this office.
Thank you for your cooperation.
Very truly yours,
MARY ANN OVER, CMC
City Clerk
MAH/mac
Enclosures
cc: Director of Community
Planning and Development
Director of Administrative Services
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N O V 6 1884
rITV OF
SAN JU`-N CAPISTRANO, !�O
CALIFORNIA1
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
October 9, 1984
HOUSING AND COMMUNITY DEVELOPMENT -- COOPERATION AGREEMENTS: On motion by Supervisor
Riley, seconded by Supervisor Clark, the Clerk of the Board, on behalf of the Board of
Supervisors was authorized to execute Cooperative Agreements with the Cities of Brea,
Cypress, Laguna Beach, La Habra, La Palma, Los Alamitos, Placentia, San Clemente, San
Juan Capistrano, Seal Beach, Stanton, Tustin, Villa Park, and Yorba Linda, allowing
the County authority to undertake or assist in undertaking community development and
housing assistance activities to be carried out for fiscal years 1985, 1986 and 1987,
as recommended by EMA. MOTION CARRIED.
ARTERIAL HIGHWAY FINANCING PROGRAM AGREEMENT -- LA HABRA BOULEVARD -- AHFP AGREEMENT
NO. 1119: On motion by Supervisor Riley, seconded by Supervisor Clark, t e erk o
the Board, on behalf of the Board of Supervisors, was authorized to execute AHFP
Administrative Agreement No. 1119 with the City of La Habra which provides for
construction on La Habra Boulevard from Idaho Street to Walnut Street, as recommended
by EMA. MOTION CARRIED.
GRANT AGREEMENT -- FUNDING APPROVAL RENTAL REHABILITATION PROGRAM -- HOUSING AND URBAN
DEVELOPMENT (HUD): On motion y Supervisor Riley, seconded by Supervisor Clark, the
Chairman of the Board was authorized to execute Grant Agreement with Housing and Urban
Development in the amount of $309,200 for the Rental Rehabilitation Program, as
recommended by EMA. MOTION CARRIED,
CONTRACT PHYSICIAN AGREEMENT, PUBLIC HEALTH AND MEDICAL SERVICES -- PHILIP SAINT -ERNE,
M. D.: On motion by Supervisor Riley, seconded y Supervisor Clark, the er o t e
Board, on behalf of the Board of Supervisors, was authorized to execute Agreement for
provision of physician services with Philip Saint -Erne, M.D., in a maximum amount of
$3,404.16 for the period September 1, 1984 through June 30, 1985, as recommended by
the Health Care Agency. MOTION CARRIED.
Cc&�F1013-2.3 (12/76)
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COOPERATION AGRE�,%tENT
THIS AGREEMENT entered into this,, of ,
19-2, by and between the County of Orange, hereafter "AUNTY"/and the
City of SAN JUAN CAPISTRANO , hereafter "CITY":
WHEREAS, Title I of the Housing and Community Development Act
of 1974, hereafter "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 to enter into coop-
eration agreements with COUNTY for the purpose of undertaking or assisting
in the undertaking of essential community development and housing assis-
tance activities;
NOW, THEREFORE, the parties agree as follows:
1. This Agreement shall constitute a cooperation agreement
between the parties within the meaning of Section 1O2(a)(6) of the ACT.
2. CITY shall be responsible for the preparation, adoption
and submission to COUNTY of a component application specific to CITY's
needs. COUNTY shall review said application and, if determined by COUNTY
to be in compliance with applicable laws, regulations, certification
requirements, and policies, shall submit said component application to
I the Department of Housing and Community Development, hereafter "HUD",
4
as part of COUNTY's Urban County application.
3. CITY shall comply with the community development plan and
program and the housing assistance plan which are developed pursuant to
said application, and all laws, regulations and policies applicable to
said grant.
4. In the event CITY's component application is approved by
HUD, COUNTY shall, upon receipt of any such grant funds, forward to
CITY the amount attributable to CITY's component application based on
the same three (3) part formula used by HUD in making entitlement
1.
IIallotments.
2
5. The
activities to be undertaken during the term of this
3
Agreement will be
chosen by CITY from the following listing. Said
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activities chosen
by CITY will be further defined in CITY's final
5
component application:
6
a.
Acquisition of Real Property
7
b.
Public Works., Facilities, Site Improvements
8
c.
Code Enforcement
9
d.
Clearance, Demolition, Rehabiliation
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e.
Rehabilitation Loans and Grants
11
f.
Special Projects for Elderly and Handicapped
12
g.
Payments for Loss of Rental Income
13
h.
Disposition of Real Property
14
i.
Provision of Public Services
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j.
Payment of Non -Federal Shares
16I
k.
Completion of Urban Renewal Projects
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1.
Relocation Payments and Assistance
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m.
Planning and Management Development
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n.
Administrative
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o.
Continuation of Model Cities Activities
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6. CITY shall be responsible for carrying out all projects
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under the CITY's component application, including all necessary record
23
keeping.
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7. The
term of this Cooperation Agreement shall be for one
25
ear commencing with
the approval by HUD of COUNTY's application.
26
` 8. (a)
CITY shall indemnify, hold harmless and defend
27i
COUNTY, its officers, agents and employees against
28I
all liability, claims, losses, demands and actions
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for injury to or death of persons or damage to
30
property arising out of or alleged to arise out
31
or in consequence of this Agreement, provided
32
such liability, claims, demands, losses or
2/18/7j4
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actions are claimed to be due to the acts
21
or omissions of CITY, its officers, agents
3' A
or employees in the performance of this
Agreement, including any activities conducted
5:1
by CITY under its component application.
61.1
(b) In addition, CITY shall indemnify and hold
harmless COUNTY against any liability, claims
81+
losses, demands, and actions incurred by
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COUNTY as a result of a determination by HUD
10 ;i
that activities undertaken under CITY's component
1;)
application failed to comply with any laws,
regulations, or policies applicable thereto
13
or that any funds forwarded to CITY under this
izj;
Agreement were improperly expended.
(c) The provisions of paragraphs 1, 3, 4, 5, 6, and 7
_ 16;t
of Section 2778 of the California Civil Code, as
17;
said section exists on the effective date of this
'_s•`•:
Agreement, shall be applicable to the above
19;
indemnification provisions. Transmittal to
CITY
-'fl
Rig=txg of any pleadings served shall be
21
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deemed to be a request to defend.
221!
9. COUNTY shall have the right to audit CITY's records to
,3ldetermine
compliance with this Agreement.
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12/11/74
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IN WITNESS WHEREOF the parties have executed this Agreement
the date .last executed below.
DATED: 75
DATED: December 18, 1974
APPROVED AS TO FORM AND CONTENT:
P
i AAtto I
COUNTY OF ORANGE
Chairs n, Board of Supervisors
CITY OF SAN JUAN CAPISTRANO
4.
L. BYFgES, MA
E '32'400 PASEO ADELANTO;
SAN JUAN CAPISTRANO, CALIFORNIA 92675
PHONE 49] f
j x •/j
April 7, 1975
Mr. William E. St John
Clerk of the Board of Supervisors
County of Orange
P. O. Box 687
Santa Ana, California 92702
Dear Mr. St John:
Enclosed is a copy of Resolution No. 75-4-2-1 approving
an amendment to the Housing and Community Development Act Coopera-
tion Agreement between the City and the County of Orange, adopted
by the City Council on April 2, 1975. Enclosed also is a copy of
the Amendment to the Cooperation Agreement which has been duly
executed by Mayor Weathers and City Attorney Okazaki.. Upon
approval of the Agreement by the Board of Supervisors, please
forward a fully executed copy of the Agreement to this office.
Thank you for your cooperation.
Very truly yours,
(MRS) ,IVI RY ANN IiANOVER
City Clerk
MH/m
Enclosures
cc: A. C. Bell, Principal Planner
Environmental Management Agency
(Enclosures provided under separate cover)
STAFF REPORT
TO: City Manager
FROM: Director of Planning
DATE: April 2, 1975
0
ITEM: Amendment to Housing Community Development Act Agreement
SITUATION
Attached you will find three documents: (1) The original agreement dated
January 21, 1975, between the City and County in application for HCDA funds;
(2) An amendment to said agreement; and (3) A cover letter from the Environ-
mental Management Agency which identifies the amendment.
Planning Staff has reviewed the amendments and sees no objection to them.
The amended agreement shall be reviewed by the City Attorney's office prior
to the meeting.
ALTERNATIVE ACTIONS
1. Adopt the amendment.
2. Reject the amended agreement and do not participate in the program.
STAFF RECOMMENDATION
By Resolution:
Adopt the amendment to the cooperation agreement and direct the City Attorney
and Mayor to sign said agreement.
Respectfully submitted,
.�
David J. Smith
Director of Planning
DJS:ch
FOR CITY COUNCIL AGENDA
0 0
RESOLUTION NO. 75-4-2-1
HOUSING AND COMMUNITY DEVELOPMENT ACT
A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
AN AMENDMENT TO THE COOPERATION AGREEMENT
BETWEEN THE CITY AND THE COUNTY OF ORANGE
WHEREAS, the County of Orange has requested an amend-
ment to the Cooperation Agreement Entered into on January 21,
1975; and
WHEREAS, the City Council has reviewed the proposed
amendments during a public meeting held April 2, 1975.
NOW, THEREFORE, BE IT RESOLVED, that the City of San
Juan Capistrano approved the amendment to the Cooperation Agree-
ment, and directs the Mayor and City Attorney to sign said
amendment.
PASSED, APPROVED AND ADOPTED this 2nd day of April,
19751 by the following vote, to wit:
AYES: Councilmen Byrnes, Heckscher, Sweeney and
Mayor Weathers
NOES: Councilman Nash
ABSENT: None
ATTEST:
CITY CLE X
AMES K. WEATHERS, MAYOR
City of SanC
. Juan apistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 75-4-2-1, adopted by the
City Council of the City of San Juan Capistrano, California, at a
regular meeting thereof held on the 2nd day of April, 1975.
(SEAL) MARY ANN. ANOVER, City Clerk
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n,o•u
AMENDMENT TO COOPERATION AGREEMENT
THIS AMENDMENT to AGREEMENT entered into this of
1975, by and between the County of Orange, hereinaft
"COUNTY" and the City of SAN JUAN CAPISTRANO hereinafter "CITY":
WHEREAS, the parties hereto previously entered into a coop-
eration agreement dated January 21, 1975, pursuant to the Housing and
Community Development Act.of 1974; and
WHEREAS, the Department of Housing and Urban Development has
requested certain amendments to such agreement;
NOW, THEREFORE, the above cooperation agreement Es hereby
amended as follows:
A. Paragraph 1 is amended to state as follows:
This Agreement sh.all constitute a cooperation agreement
between the parties within the meaning of Section 102(a)(6) of the
ACT. The parties agree to cooperate in the undertaking, or assisting
in undertaking, essential community development and housing assistance
activities, especially urban renewal and publicly assisted housing.
B. Paragraph 2 is amended to state as follows:
COUNTY shall be responsible for the preparation, adoption, and sub-
mission of an Urban County Application to the Department of Housing and Urban Dev-
elopment, hereinafter "HUD". In the preparation of said application, COUNTY shall
give due consideration to CITY's analysis of community development needs and
proposed activities.
C. Paragraph 4 is amended to state as follows:
In the'event COUNTY's Urban County application is approved
by HUD, COUNTY shall forward to CITY any such grant funds received from
HUD which are attributable to activities conducted by CITY, unless
another form of.distribution-is required by the ACT.
D. Paragraph 5 is amended to state as follows:
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
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b.
Public Works, Facilities, Site Improvements
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C.
Code Enforcement
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d.
Clearance, Demolition, Rehabilitation
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e.
Rehabilitation Loans and Grants
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f.
Special Projects for Elderly and Handicapped
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Z.
Payments for Loss of Rental Income
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h.
Disposition of Real Property "
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1.
Provision'of Public Services Y
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j.
Payment of Non -Federal Shares
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k.
Completion of Urban Renewal Projects
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Relocation Payments and Assistance
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Planning and Management Development
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n.
Administrative
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Continuation of Model Cities Activities
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E. Paragraph 6 is amended to state as follows:
CITY shall be responsible for -carrying out all approved
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projects located in CITY, including all necessary record keeping.
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F. Paragraph 8(a) is amended to state as follows:
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(a)
CITY shall indemnify, hold harmless and defend
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COUNTY, its officers, agents and employees against
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all liability, claims, losses, demands and actions
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for injury to or death of persons or damage to
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property arising out of or alleged to arise out
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or in consequence of this Agreement, provided
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such liability, claims, demands, losses or actions
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are claimed to be due to the acts or omissions
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of CITY, its officers, agents or employees in the
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performance of this Agreement, including any
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activities conducted by CITY.
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G. Paragraph 8(b) is amended to state as follows:
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(b)
In addition, City shall indemnify and hold
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harmless COUNTY against any liability, claims
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losses, demands, and actions incurred by
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COUNTY as a result of a determination by HUD
that activities undertaken by CITY failed
to comply with any laws, regulations, or
policies applicable thereto or that any
funds forwarded to CITY under this Agreement
were improperly expended.
IN WITNESS WHEREOF, the parties have executed this Agreement the date last
executed below. ,
DATED: COUNTY OF ORANGE
BY _
Chairman, Board of Supervisors
DATED: April 2, 1975 CTTY OFF SAN JUAN CAPISTRANO
BY
APPROVED AS TO FORM AND CONTENT•
Attorney _
• STAFF REPORT .
TO: City Manager
FROM: Director of Planning
DATE: December 18, 1974
ITEM: Housing and Community Development Act
SITUATION
A meeting was held with representatives of the County Housing Department on
December 10, 1974. At that meeting the agreement to be approved by the City
Council was presented to the City. Also during that meeting the scope of work
to be undertaken by the City and by the County in the preparation of the
applications was discussed. The preparation of the application should not prove
to be any hardship on the Planning Department. County assistance will be utilized.
In order to process the application, the Planning Commission shall hold a public
hearing on January 7, 1975. The purpose of the hearing will be to describe the
Housing and Community Development Act to the citizens of San Juan Capistrano.
A subsequent hearing will be held by the City Council on February 5, 1975. This
hearing shall focus upon the application, and it is after this hearing that the
application would be approved by the City.
The first year's allocation of HCDA funds should approximate $12,000. It has
not yet been determined the manner in which those funds shall be expended. It
is anticipated that after the public hearing to be held by the Planning Commission
that requests from the community will be received. At present the Staff has
discussed three general ways in which the money could be used.
(1) To undertake a study for items such as a precise plan for the Los
Rios -Little Hollywood area, or for the preservation of agricultural
resources in the community.
(2) Investment of the money in a "bank" to be combined with additional funds
from next year and applied toward a single project, and
(3) To be applied toward a Capital Improvements project not budgeted for
this fiscal year.
It appears that the concept of parleying the $12,000 into a discretionary fund
application is marginal because of time constraints.
STAFF RECOMMENDATION
This report is submitted for information only.
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Respectfully submitted, 1 /
J� FOR CITY COUPIC,I
David J. Smith U
Director of Planning
DJS:ch
�'
M E M O R A N D U M
December 11, 1974
TO: Honorable Mayor and Members of the City Council
FROM: John O'Sullivan, Interim City Manager/Director of
Administrative Services
SUBJECT: Proposed cooperation agreement with the County of
Orange for the Housing and Community Development
Act of 1974
SITUATION:
Pursuant to the City Councils direction of November 26, 1974,
City staff has been in contact with the staff of the County
of Orange to formulate an application for funds under subject
legislation.
The attached agreement has been drafted by the County Council
and staff feels that it incorporates the needs of both the
City and County and must be executed soon to allow processing
of the application to begin.
ALTERNATE ACTIONS:
1. Approve the agreement and authorize the Mayor to execute.
2. Request further information.
3. Reconsider the City's participation in this program
RECOMMENDATION:
Approve the agreement and authorize the Mayor to execute
Respect uXly�submitted,
ohn O'Sullivan
Interim City Manager
Attachment
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