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1979-0911_ORANGE ,COUNTY OF_Agreement Amd1 2 3 4 5 6 7 8 tl I 10 11 J2 13 ff� 14 I 15� 16 17 18 19 20 21 22 23 24 25 26 27 28 I C25760 COMTY DEVELOPMENT BLOCK GRANT P C2594O U1 C26091 AMENDMENT TO AGREEMLLNT This Amendment to Agreement entered into this // 'A day of 1979, is enumerated for purposes of references only, between the County of Orange, hereinafter designated as "COUNTY" and the City of San Juan Capistrano hereinafter designated as "CITY". 07HEREAS, the parties hereto previously entered into an Agreement dated November 14, 1978, pursuant to the Housing and Community Development Act of 1974; and WHEREAS, the CITY has requested certain amendments to such Agreement; NOW THEREFORE, the above Agreement is hereby amended as follows: A. The tollowIog suh11,11':(graphs on page 2, lines 8 through 13 and page 4, lines 6 through 111 shall be deleted: "2. It is understood that the CITY is solely responsible for inplemen- intinn of the project(n) describod herein as: Public Improvements: The construction of Public Works in general to meet community development needs, to include streets, curbs, gutters, sidewalks, curb cuts, street lighting, water/sewer and drainage lines in the service area. The principle streets to be improved are Mission and Ramos Streets. See Map Exhibit "B" "4. Project Funding: a. The estimated cost of these prole s covered by this agreement is: Ninety-one Thousand Dollars and no/100 ($91,00 .00)". b. Based on the above estimatg/these projects will be financed as follows: Ninety -One Thousand Dollars and no/160 ($91,000.00) Block. Grant Funds." i R. In place of the above the foylowing shall be substituted: "2. It is understood than/the CITY is solely responsible for implemen- tation of the project(s) described herein as: Public Improvements: The construction of Public Works in general to meet community development needs to include streets, curbs, gutters, sidewalks, curb cuts, street lighting, water/sewer and drainage lines in the service area. The principle streets to be improved are Mis,ioa and Ramos and a new road coLnecting the two streets. See map Exhibit "A". 1 "4, project Funding: 2 a. The estimated cost of these projects covered by this agreement 3 is: One Hundred Twenty -Six Thousand Six Hundred Seventy -Two Dollars and no/100 4 ($126,672.00). 5 b. Based on the above estimate, these projects will be financed 6 as follows: One Hundred Twenty -Six Thousann pix nunnreu oevenLY-uwo ooltars ana 7 no/100 ($126,612.00)" Block Grant Fuads." 8 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 20' 27 28 -2- 5 Supervisors. 6 CITY OF STI JUAN CAPISTRANO 7 8 Dated: August 15, 1979 Mayor 9 10 ATTEST: APPROVED AS TO FORM 11 -- ............ 12!�%-City Atton�ey City Jerk 13 COUNTY OF ORANGE, a political subdivision of the ;tate of California 14 15 0 16 Dated: i;., �� �1 !/ �. ��, BY/ Chai an of the Roard f Supervisors 17 COUN f 18 19 ATTEST: 20 21 JUNE ALEXANDER 22 Clerk of the hoard of Supervisors ofIOrange County, California 25 24 APPROVED AS TIO' FORM: ADRIAN KUYPER, County Counsel 25 ORANGE COUNTY, CALIFORNIA 26 27 By.. 28 11/CD DE:dccll52b(6) -3-. I IN WITNESS THEREOF, CITY has caused this amendment to be executed by its 2 Mayor and attested by its Clerk and COUNTY has caused this amendment to be executed 3 by the Chairman of the Board of Supervisors and attested by its Clerk, all having 4 been duly authorized by the City Council of CITY and the Orange County Board of 5 Supervisors. 6 CITY OF STI JUAN CAPISTRANO 7 8 Dated: August 15, 1979 Mayor 9 10 ATTEST: APPROVED AS TO FORM 11 -- ............ 12!�%-City Atton�ey City Jerk 13 COUNTY OF ORANGE, a political subdivision of the ;tate of California 14 15 0 16 Dated: i;., �� �1 !/ �. ��, BY/ Chai an of the Roard f Supervisors 17 COUN f 18 19 ATTEST: 20 21 JUNE ALEXANDER 22 Clerk of the hoard of Supervisors ofIOrange County, California 25 24 APPROVED AS TIO' FORM: ADRIAN KUYPER, County Counsel 25 ORANGE COUNTY, CALIFORNIA 26 27 By.. 28 11/CD DE:dccll52b(6) -3-. ❑ c� �u C] D on oasroat �LwM1U N<wmCrsa � 0 50 1w �nuef.r r..aw. �rto^s+PWswrw 06 MINUTES OF THE BOARD OF SUPERVISORJDV�ZRR717 Tag OF ORANGE COUNTY, CALIFORNIA SEP I c" IJ J9 September 11, 1979 Orarg! ,wio,y Ilousi Vu r,jinunity Uevcop hent Ly— IN RE: TRACT MAP NO. 8803 On motion of Supervisor Riley, duly seconded and unanimously carried, Tract Map No. 8803 is received and Bond No. 9SM 553 346 in the sum of $14,000.00 to guarantee payment of 1979-80 taxes on said tract, with Tuttle Development Company, as Principal, and American Motorists insurance Company, as Surety, is approved. IN RE: TRACT MAP NO. 9438 On motion of Supervisor Riley, duly seconded and unanimously c:lrried, Tract Map No. 9/1'18 is received and Bond No. 2888702 in the sum oI t;.7',,/(111.(10 14) 1�,unr:mlrr p:iywcnt o(' 19/9-80 taxes on said tract, with p,u:1 I I,:u)dma rk , 1 nc . , r(:: 1'r i oc i pa l , and tin I eco an:;urance Company of Awerica, as Surety, is approved. IN RE: AMENDMENT TO AGREEMENT HOUSING/COMMUNITY DEVELOPMENT PUBLIC IMPROVEMENTS CITY OF SAN JUAN CAPISTRANO On motion of Supervisor Riley, duly seconded and unanimously carried, the Chairman and the'Clerk are authorized to sign the Amendment to Agreement, dated September 11, 1979, between the County of Orange and the City of Sari Junin Capistrano for Housing/Community Development public improvements. (C25561, C25760, C25940, C26091) sEP 4 1979 E; M. R. )F1013 2.3 (12/76) 32400 PASEO a.CE1.ANTO SAN JLAI'; CAPISTRANO. CAL IFOi2NIA 92675 ' PHONF. 1,93-1171 3. T" August 20, 1979 C Ms. Anna Phillips Housing and Community Development Environmental Management Agency 211 West Santa Ana Boulevard Santa Ana, California 92701 Re: Amendment to Agreement - Los Rios Area Community Development Block Grant. Proq Dear Ms. Phillips: At their meeting of August 15, 1.979, the City Council approved the Amendment to the Community Development Block Grant Program Agreement for the Los Rios Area. Upon execution by the Board of Supervisors, please return one fully -executed copy of the Agreement to this office. MAII/cdc cc: Director of Community Planning and Development of 3�1, Very truly yours, s, (MRS) MARY'ANN HANOVER, City Clerk CJ AGENDA ITEM TO: James S. Mocalis, City Manager FROM: Thomas G. Merrell, Director Community Planning and Development • August 15, 1979 SUBJECT: Community Development Block Grant Program - Amendment to Agreement - Los Rios SITUATION The City Council on November 14, 1978, entered into an agreement with the County regarding participation in the Community Development Block Grant Program. Specifically, the agreement focused on the use of $91,000 (estimated cost) for public improvements in the Los Rios Area. The overall funds granted to the City total $126,672. The expenditures for the public improvements to Mission and Ramos Streets, excluding the connector road (Los Rios), exceed the estimated $91,000 by $15,000. An amendment to the contract is being requested in order for the City to be refunded for the actual cost of the improvements. The remainder of the block grant funds are to be used for completion of the connector (Los Rios) road. FINANCIAL CONSIDERATIONS None, other than administrative costs. ALTERNATE ACTIONS 1. Authorize the mayor to execute the revised agreement. 2. Authorize the mayor to execute the revised agreement, subject to modifications. 3. Continue the item and request further information. RECOMMENDATION Authorize the mayor to execute the revised agreement. Respectfully submitted, � Thomas G. Merrell, director Community Planning and Development TGM:RB: lcl FOR CITY COUNCIL AGENDA .... .. / G G 1 1 21 3 41 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 is not limited to the following: Contracting, monitoring and implementing the project. b. Construction Bid Package: A description of specific plans and specifications for a construction project including applicable federal regulations. c. Director: The Director of the County of Orange Environmental Management Agency. d. Reimbursable Basis: The procedure by which the COUNTY will reimburse the CITY for expenses incurred related to subject project. 2. It is understood that the CITY is solely responsible for implementation of the project(s), described herein as: Housing Rehabilitation: The CITY will develop and administer a Housing Rehabilitation Loan and Grant Program to benefit low and moderate income homeowners in the designated service area. See Map Exhibit "B". CITY will deposit all funds, made available through this agreement in a financial institution designated by the CITY and approved by the COUNTY. 3. This contract provides that the CITY: a. Shall submit to COUNTY a complete description of the project(s) proposed to be conducted by CITY hereunder, including detailed estimated costs thereof. Said project(s) description and any amendments thereto shall be submitted to and approved by the COUNTY, prior to commencement by CITY of such project. COUNTY shall not be liable for any costs which exceed said estimated project(s) costs. b. Agrees to act as Project Manager for said project(s) and to submit any and all contracts funded through this agreement to COUNTY for review prior to award of such contracts by CITY. c. Agrees and acknowledges responsibility for the design of projects funded under this contract. d. Shall submit a construction bid package to COUNTY for review prior to advertising for construction bids relating to contracts to be funded through this contract or prior to award of such contracts if no bids are involved. CITY shall construct project in accordance with construction bid -2- Agreement No. C26092 COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY HOUSING AND CO11MUNITY DEVELOPMENT CONTRACT 1 TITLE. OF PROJECT: Housing Rehabilitation 2 MEMORANDUM OF CONTRACT entered into this �[L day of 1Qn0QmAc&_ 3 19_4 4 BY AND BETWEEN 5 CITY OF SAN JUAN CAPISTRANO a municipal cor- poration, hereinafter referred to as CITY, 6 7 and 8 COUNTY OF ORANGE, a political subdivision of the State of California and recognized Urban 9 County under the Federal Housing and Community Development Act of 1974 & 1977, hereinafter 10 referred to as COUNTY. 11 W I T N E S S E T H 12 WEREAS, COUNTY and CITY previously entered into a Cooperation Agreement, 13 dated December 6, 1977 in which both parties agreed to cooperate in the undertaking, 14 or assist in the undertaking, of community development and housing assistance 15 activities, and 16 WHEREAS, the CITY has submitted to the COUNTY an application for funding 17 of a project(s) hereinafter described, and 1$ WHEREAS, the COUNTY has entered into separate agreement dated July 11, 1978 19 with the U. S. Department of Housing and Urban Development (hereinafter designated 20 as HUD) to fund said project(s) under the 'Rousing and Community Development Act of 21 1974 and 1977. 22 NOW, THEREFORE, IT IS AGREED by and between the parties that the following 23 provisions as well as all applicable Federal, State and County laws and regulations 24 including the attached SPECIAL PROVISIONS, identified as Exhibit "A", are part of 25� this contract. 20 1. For the PURPOSES OF THIS CONTRACT the following definitions shall 27 apply: 28 a. Project Manager: The party responsible for, but whose responsibility II _ -1 1 Quality Act requirements and will provide COUNTY with necessary information to 2 comply with the National Environmental Policy Act. 3 4. Project Funding: 4 a. This project will be financed as follows: 5 Twenty -Five Thousand Dollars and no/100 ($25,000.00) Block Grant Funds. 6 b. Payment by the COUNTY to the CITY shall be on a reimbursable basis 7 unless the CITY has been authorized and issued cash advances by COUNTY under this 8 agreement. 9 c. Cash advances requested by the CITY under this agreement shall be 10 made by the COUNTY to the CITY if the following conditions are met: 11 (1) The CITY has demonstrated to the Director through certifica- 12 tion in a form prescribed by the Director and subsequently through performance, 13 its willingness and ability to establish procedures that will minimize the time 14 elapsing between the transfer of funds to it and its disbursement of such funds. 15 (2) The CITY certifies to the Director, that the CITY's 16 financial management system meets the standards for fund control and accountability 17 prescribed in Federal Management Circular 74-7. 18 (3) The CITY complies with the cash advance procedures as shall 19 be required by the Financial Procedures of the Housing and Community Development 20 Division of Orange County Environmental Management Agency (hereinafter EMA.) 21 If, subsequently, the CITY is found to be in non-compliance with the 22 above, the CITY shall be paid only on the aforementioned reimbursable basis and, 23 if necessary, agrees to reimburse the COUNTY for any monetary damages the COUNTY 24 may incur for the CITY's non-compliance. 25 d. Reimbursable basis payments, as referred to in section 4.b. above, 26 and/or cash advances described in 4.c. above, will be made in accordance with the 27 financial procedures as shall be required by H/CD. In the event of conflict 28 between said financial procedures and any applicable statutes, rules or regulations i -4- 1 package unless prior approval is received from COUNTY for deviation therefrom. 2 e. Agrees that all work shall be in accordance with CITY's governing 3 building and safety codes. 4 f. Shall maintain accounting records, official files, and other 5 evidence pertaining to costs incurred pursuant to all applicable HUD regulations, 6 and all of these shall be accessible for the purpose of making surveys, audits and % examinations by duly authorized representatives of COUNTY or HUD. These records 8 shall be kept available at CITY'S office during the contract period and thereafter 9 for three (3) years from the date of final payment of HUD Community Development 10 Block Grant Funds. 11 g. Agrees that the project developed under this program must be re - 12 tained for Community Development purposes as defined by applicable HUD provisions 13 and at a level of operations and maintenance adequate to insure maximum utilization 14 of the project by low and moderate income families. 15 h. Agrees that the Director, shall evaluate the CITY's progress in 16 complying with the terms of this contract six months after the execution thereof, 17 and each six months thereafter. CITY shall cooperate fully in such evaluation. 18 The Director, shall report the finding of each evaluation to the City Council of 19 CITY and the Orange County Board of Supervisors. If it is determined by the Board 20 of Supervisors that performance or progress on performance is unsatisfactory, the 21 Board of Supervisors may terminate the contract or withhold further funding on the 22 project pending resolution of the unsatisfactory conditions. In addition, the 23 Board of Supervisors may require reimbursement of any funds that are determined by 2411 such body to be improperly expended or not expended on the project in a timely manner. i 25 i. Agrees that if it is subsequently determined by COUNTY or HUD 26 that said funds were not expended in compliance with the federal laws and reg - 27 ulations, CITY will refund to COUNTY such sums which were improperly expended. 28 j. Will assume responsibility for the California Environmental i -3- ' C 1 under this contract shall be used for the administration of this agreement. All 2 CITY administrative costs associated with this contract shall be borne by CITY. 3 If binding legal authority determines that the provision of funds pursuant to 4 this contract should in any way cause the COUNTY to become ineligible for State 5 funds, all funds provided hereby shall be immediately returned to COUNTY, and 6 this contract shall be deemed voided to the extent necessary to avoid such 7 ineligibility. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 /// 28 —6— 1 of HUD, including Federal Management Circulars 74-4 and 74-7, the latter shall 2 prevail. 3 5. Neither COUNTY nor any officer or employee thereof shall be respon- 4 sible for any damage or liability occurring by reason of any action or omission 5 of CITY under or in connection with any work, authority or jurisdiction delegated 6 to CITY under this contract. It is also understood and agreed that, pursuant 7 to Government Code Section 895.4, CITY shall fully indemnify, defend and hold 8 COUNTY harmless from any liability imposed for injury (as defined by Government 9 Code Section 810.8) occurring by reason of any action or omission of CITY under 10 or in connection with any work, authority or jurisdiction delegated to CITY 11 under this contract. 12 6. Neither CITY nor any officer or employee thereof shall be responsible 13 for any damage or liability occurring by reason of any action or omission of 14 COUNTY under or in connection with any work, authority or jurisdiction not 15 delegated to CITY under this agreement. It is also understood and agreed that, 16 pursuant to Government Code Section 895.4 COUNTY shall fully indemnify, defend 17 and hold CITY harmless from any liability imposed for injury (as defined by 18 Government Code Section 810.8), occurring by reason of any action or omission 19 of COUNTY under or in connection with any work, authority or jurisdiction 20 not delegated by CITY under this agreement. 21 7. In the event of CITY's failure to comply with the provisions 22 of this Contract, COUNTY may withhold funds and/or allocate funds to another 23 activity considered by the COUNTY to be in compliance with the Act. 24j4 8. The parties recognize that the funds being made available under 25I this contract shall not be used for the provision of cost of living wage and 26 salary increases as per Section 16280 of the California Government Code. It is I 27 I agreed that all funds provided to the CITY shall be used exclusively for Housing 28 Rehabilitation loans and grants. It is further agreed that no funds provided -5- l•i IN WITNESS THEREOF, CITY has caused this contract to be executed by its 2 Mayor and attested by its Clerk and COUNTY has caused this contract to be executed by 31 the Chairman of the Board of Supervisors and attested by its Clerk, all having been 411 duly authorized by the City Council of CITY and the Orange County Board of Supervisors. 5 6CITY OF SAN JUAN CAPISTRANO 7` 8 Dated: October 18, 1978 By KE�ETH E. FRIESS, MAYOR 9 10 i! ATTEST: I� �I 11 12 City Clerk 13Ij COUNT 0 NGE, a political subdivision 14 of e e of California 1 I 15 ii 16 1 Dated: 0p11Pm ne1m !�17 Q' By II . 4 Chairman o the oard of pervisors 1711 COUNTY 1811 ATTEST: 19,E JUNE ALEXANDER 21 Clerk of the Board of Supervisors of Orange County, California 22 d pal 2411 APPROVED AS TO FORM: 25 IADRIAN KUYPER, County Counsel I ORANGE COUNTY, CALIFORNIA 26,!! u 27 '� By� �� �fi C �cu�-j �; O > -7 7h i ^ I � 28 j. N/CDS jlTl-.vl740a(l) —7— APPROVED AS TO FORM: J e SS. Okazaki, City Attorney I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 251 26 27 28 national origin. The CITY shall take affirmative action to insure that applicants for employment are employed and that employees are treated during employment, without regard to their race, color, religion,'sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demo— tion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other form, compensation; and selection for training, including apprenticeship. The CITY shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the COUNTY setting forth the provisions of this nondiscrimination clause. The CITY shall, in all solicita— tions 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 incorpo— rate the foregoing 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 nonexempt 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: "During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant 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, color, Exhibit "A" to COUNTY/CITY Contract Page 2 of 14 1 SPECIAL PROVISIONS 2 A. Section 3 - Compliance With the Provision of Training Employment and 3 Business Opportunity 4 The CITY shall cause or require to be inserted in full in all contracts 5 and subcontracts for work financed in whole or part with federal financial assist - 6 ante provided under this Contract, the Section 3 clause set forth in 24 CFR 135.20(b). 7 The CITY will provide such copies of 24 CFR Part 135, as may be necessary for the 8 information of parties to contracts required to contain the said Section 3 clause. 9 Section 3 requires that to the greatest extent feasible, opportunities 10 for training and employment be given lower income residents of the project area and 11 contracts for work in connection with the project be awarded to business concerns 12 which are located in or owned in substantial part by persons residing in the area 13 of the project. 14 The parties to this contract will comply with the provisions of said 15 Section 3, and the regulations issued pursuant thereto by the Secretary of Housing 16 and Urban Development set forth in 24 CFR 135, and all applicable rules and orders 17 of the Department issued thereunder pridr to the execution of this contract. The 18 CITY shall take appropriate action pursuant to the subcontract upon a finding that 19 the subcontractor is in violation of regulations issued by the Secretary of Housing 20 and Urban Development, 24 CFR 135. The contractor will not subcontract with any 21 subcontractor where it has notice or knowledge that the letter has been found in 22 violation of regulations under 24 CFR 135. The parties to this contract Certify 23 and agree that they are under no contractual or other disability which would prevent 24 them from complying with these requirements. (Source: H/CD Funding Agreement) 25 B. Equal Employment Opportunity 26 In carrying out the program, the CITY shall not discriminate against 27 any employee or applicant for employment because of race, color, religion, sex or 28 Rvd 7-20-78 Exhibit "A" to COUNTY/CITY Contract Page 1 of 14 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 0 9 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 and the contractor may be declared ineligible for further Government contracts or federally assisted construction contract in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rules, regula- tions 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 per- formance 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 non- compliance; provided, however, that in the events contractor be- comes involved in, or is threatened with, litigation with a sub- contractor or vendor as a result of such direction by the Department the contractor may request the United States to enter 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 employment practices when it participates in federally Exhibit "A" to COUNTY/CITY Contract Page 4 of 14 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 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 applicants 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 avail— able to employees 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, regu— lations 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 investigation Exhibit "A" to COUNTY/CITY Contract Page 3 of 14 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 0 0 completion or repair of any building or work financed in whole or in part with assistance provided under this contract, shall comply with HUD requirements.per- taining 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: Provided, that if wage rates higher than those required under such regulations are imposed 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 require- ments of 29 CFR 5.5 and for such contracts in excess of $10,000, 29 CFR 5a.3. The "Federal Labor Standards Provisions" (HUD 4010) are made part of this con- tract. No 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) 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. 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 Exhibit "A" to COUNTY/CITY Contract Page 6 of 14 1 2 3 4 5 6i 7' 8 9 10' 11 12j 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, HUD and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the COUNTY, HUD and the Secretary of Labor such information as they may require for the supervisions of such compliance; and that it will otherwise assist the above parties in the dis- charge of its primary responsibility for securing compliance. 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 HUD or the Secretary of Labor pursuant to Part II, Subpart D 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, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending 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 CITY. (Source: H/CD Funding Agreement) C. Federal Labor Standards Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the CITY and all contrac- tors engaged under contracts in excess of $2,000 for the construction, prosecution, Exhibit "A" COUNTY/CITY Contract Page 5 of 14 1 contract shall require every building or facility (other than a privately owned 2 residential structure) designed, constructed, or altered with funds provided under 3 this Part to comply with the "American Standard Specifications for Making Buildings 4 and Facilities Accessible to, and Usable by, the Physically Handicapped," Number 5 A -117.1-R 1971, subject to the exceptions contained in 41 CFR 101-19.604. The 6 CITY will be responsible for conducting inspections to insure compliance with these 7 specifications by any contractor or subcontractor (Source: 24 CFR Part 570.307 (K)) 8 F. Relocation 9 1. The CITY in any activity directly or indirectly financed under this 10 contract shall: 11 a. To the greatest extent practicable under State law, comply with 12 Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of 13 the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 14 1970 and will comply with Sections 303 and 304 of Title III, and HUD implementing 15 instructions at 24 CFR Part 42; and 161 b. Inform affected persons of their rights and of the acquisition 17 policies and procedures set forth in the regulations at 24 CFR Part 42 and 18 570.602(b). 19 2. The CITY shall also; 20 a. Comply with Title II (Uniform Relocation Assistance) of the Uni- 21 form Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 22 HUD implementing regulations at 24 CFR Part 42 and 570.602(a); 23 b. Provide relocation payments and offer relocation assistance as 24 described in Section 205 of the Uniform Relocation Assistance Act to all persons 25 displaced as a result of acquisition of real property for an activity assisted 26 under the Community Development Block Grant Program. Such payments and assist - 27 ance shall be provided in a fair and consistent and equitable manner that insures 28 Exhibit "A" to COUNTY/CITY Contract Page 8 of 14 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 excluded from participation in, be denied the benefits of, or be otherwise sub- jected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure• 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 for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits. 2. Title VIII of the Civil 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 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 (24 CFR Part 570.601), which pro- vides 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 bene- fits 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: 24 CFR Part 570.307 (1 1-4)) E. Accessibility/Usability of Facilities and Buildings for Physically Handicapped The CITY, in any activity directly or indirectly financed under this Exhibit "A" of COUNTY/CITY Contract Page 7 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21! 22 23I 24 2511 26 27 28 C, J 0 insurance program pursuant to Section 201(d) of Said Act; and the use of any assistance provided under this Contract 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 available 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 acqui- sition 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 assis- tance provided under this Contract. (Source: H/CD Funding Agreement) The CITY shall comply with the provisions of Executive Order 11296, relating to evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. (Source: 24 CFR 570,307 (j)) I. Comnliance with Air and Water Acts The CITY shall cause or require to be inserted in full in all non- exempt contracts or subcontracts for work furnished in whole or in part by the grant contracts, the following requirements (provided that contracts, sub- contracts and subloans not exceeding $100,000 are exempt from this part: This Contract is subject to the requirements of. the Clean Air Act, Exhibit "A" of COUNTY/CITY Contract Page 10 of 14 1 that the relocation process does not result in different or separate treatment 2 of such persons on account of race, color, religion, national origin, sex, or 3 source of income; 4 3. Assure that, within a reasonable period of time prior to dis— ` 5 placement, comparable decent, safe and sanitary replacement dwellings will be 6 available to all displaced families and individuals and that the range of choices 7 available to such persons will not vary on account of their race, color, religion, g national origin, sex, or source of income; and 9 4. Inform affected persons of the relocation assistance, policies 10 and procedures set forth in the regulations at 24 CFR Part 42 and 570.602(a). 11 (Source: 24 CFR Part 570.307 (n 6 o). 12 G. Lead—Based Paint Hazards 13 The construction or rehabilitation of residential structures with assist- 14 ance provided under this Contract is subject to the HUD Lead—Base Paint regulations, 15 24 CFR Part 35. Any grants or loans made by the CITY or work performed by the CITY 16 for the rehabilitation of residential structures with assistance provided under 17 this Contract shall be made subject to the provisions for the elimination of lead- 18 base paint hazards under subpart B of said regulations and the CITY shall be 19 responsible for the inspections and certifications required under Section 35.14(f) 20 thereof. (Source: H/CD Funding Agreement) 21 H. Flood Disaster 22 This Contract is subject to the requirements of the Flood Disaster 23 Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided 24 under this Contract is approved for acquisition or construction purposes as 25 defined under Section 3(a) of said Act, for use in an area identified by the 26 Secretary as having special flood hazards, which is located in a community not 27 then in compliance with the requirements for participation in the national flood 28 Exhibit "A" of COUNTY/CITY Contract Page 9 of 14 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 0 through (4) of this section in every non-exempt subcontract and requiring that the contractor will take such action as the Govern - ment may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this contract be utilized with respect to a facility which has given rise to a con- viction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal dater Pollution Control Act. (Source: H/CD Funding Agreement) J. Management Compliance The CITY in any activity directly or indirectly financed under this contract shall comply with the regulations, policies, guidelines and re- quirements of OMB Circular No. A-102, Revised, and Federal Management Circular 74-4: Cost principles 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, acceptance and use of Federal funds under this Part. (Source: 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 contract notwithstanding its designation of any third party or parties for the undertaking of any part of the program with respect to which assistance is being provided under this contract to the CITY. Such third party or parties shall com- ply 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 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 Exhibit "A" to COUNTY/CITY Contract Page 12 of 14 i 1 as amended 42 USC 1857 et seq., the Federal Water Pollution Control Act, as 2 amended 33 USC 1251 et seq. and the regulations of the Environmental Protection 3 Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. 4 In compliance with said regulations, the CITY shall cause or re- s quire to be inserted in full in all contracts and subcontracts dealing with any 6 non-exempt transaction thereunder funded with assistance provided under this 7 contract, the following requirements: 8 1. A stipulation by the contractor or subcontractors that any 9 facility to be utilized in the performance of any non-exempt 10 contract or subcontract is not listed on the list of Violating 11 Facilities issued by the Environmental Protection Agency (EPA) 12 pursuant to 40 CFP, 15.20. 13 2. Agreement by the Contractor that he will comply with all the 14 requirements of Section 114 of the Clean Air Act, as amended 16 (42 USC 1857c-8) and Section 308 of the Federal Water Pollution 16 Control Act, as amended (33 USC 1318) relating to inspection, 17 monitoring, entry, reports and information, as well as all other 18 requirements specified in said Section 114 and Section 308, and 19 all regulations and guidelines issued thereunder. 20 3. A stipulation that as a condition for the award of the contract 21 prompt notice will be given of any notification received from 22 the Director of the EPA, Office of Federal Activities or any 23 agent of that office, that a facility utilized or to be utilized 24 for the contract is under consideration to be listed on the EPA 25 list of Violating Facilities. 26 4. An Agreement by the contractor that he will include or cause to 27 be included the criteria and requirements in paragraph (1) 281 Exhibit "A" to COUNTY/CITY Contract Page 11 of 14 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 0 0 Act which limits the political activity of employees. (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 appears. (Source: Orange County Counsel) AP:v11152a(1) Exhibit "A" to COUNTY/CITY Contract Page 14 of 14 1 of 1974. (Source: H/CD Funding Agreement) 2 L. Interest of Certain Federal Officials 3 No member or Delegate to the Congress of the United States and no 4 Resident Commissioner, shall be admitted to any share or part of this contract 5 or to any benefit to arise from the same. (Source: H/CD Funding Agreement) 6 M. Interest of Members, Officers or Employees of CITY, Members of Local 7 Governing Body or Other Public Officials 8 No member, officer or employee of the COUNTY or CITY or its 9 designees or agents, no member of the governing body of the locality in 10 which the program is situated and no other public official of such locality 11 or localities who exercise any functions or responsibilities with respect 12 to the program during his tenure or for one year thereafter, shall have 13 any interest, direct or indirect, in any contract, subcontract or the proceeds 14 thereof, for work to be performed in connection with the program assisted 15 under this contract. The CITY shall incorporate or cause to be incorporated, 16 in all such contracts or subcontracts a provision prohibiting such interest 17 pursuant to the purposes of this section. (Source: H/CD Funding Agreement) 18 N. Prohibition Against Payments of Bonus or Commission 19 The assistance provided under this contract shall not be used in the 20 payment of any bonus or commission for the purpose of obtaining HUD approval of 21 the application for such assistance or HUD approval of application for additional 22 assistance of any other approval or concurrence of HUD required under this con - 23 tract, provided, however, that reasonable fees or bona fide technical, consultant, 24 managerial or other such services, other than actual solicitation, are not hereby 25 prohibited if otherwise eligible as program cost. (Source: H/CD Funding Agreement) 26 0. Hatch Act Compliance 27 The CITY and COUNTY shall comply with the provisions of the Hatch 28 Exhibit "A" of COUNTY/CITY Contract �� Page 13 of 14 Service Area Statistics Percent L/M Income Percent L/P] Income and Latino Percent L/M Income and Elderly Total Population Total Households Percent Homeowners Percent Renters Housing/Community Development EXHIBIT "B" U� M 11 13 503 184 58 42 ❑ SAN JUAN CAPISTRANO t • L • • p. MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA November 14, 1978 IN RE: CONTRACT HOUSING/COMMUNITY DEVELOPMENT CITY OF SAN JUAN CAPISTRANO IMPLEMENTATION OF THE LOS RIOS PLAT; On motion of Supervisor Schmit, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Housing and Community Development Contract, dated November 14, 1978, between the County of Orange and the City of San Juan Capistrano to fund certain public improvements for the design and construction of streets, gutters, sidewalks, curb cuts, street lighting, water/sewer and drainage lines in the Los Rios service area. IN RE: CONTRACT HOUSING/COMMUNITY DEVELOPMENT CITY OF SAN JUAN CAPISTRANO HOUSING REHABILITATION On motion of Supervisor Schmit, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Housing and Community Development Contract, dated November 14, 1978 between ti.ie County of Orange and the City of San Juan Capistrano to provide low interest loans to low and moderate income homeowners of the Los Rios area. IN RE CONTRACT HOUSING/COMMUNITY DEVELOPMENT CITY OF LA HABRA MINOR REHABILITATION GRANTS IN SUPPORT OF NHS LOAN PROGRAi•1 On motion of Supervisor Schmit, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Housing and Community Development Contract, dated November 14, 1978 between the County of Orange and the City of La Habra for minor rehabilitation grants in support of a NHS Rehabilitation Loan Program. 'c""„cn No 'q 1 ? 1918 /4_;_ F1 013 71.3 (12/76) 1 is not limited to the following: Contracting, monitoring and implementing the project. 2 b. Construction Bid Package: A description of specific plans and 3 specifications for a construction project including applicable federal regulations. 4 c. Director: The Director of the County of Orange Environmental 5 Management Agency. 6 d. Reimbursable Basis: The procedure by which the COUNTY will reimburse 7 the CITY for expenses incurred related to subject project. 3 2. It is understood that the CITY is solely responsible for implementation 9 of the project(s), described herein as: Public Improvements: The construction of 10 public works in general to meet community development needs, to include streets, 11 curbs, gutters, sidewalks, curb cuts, street lighting, water/sewer and drainage lines 12 in the service area. The principle streets to be improved are Mission and Ramos 13 Streets. See Map Exhibit "B". 14 3. This contract provides that the CITY: 15 a. Shall submit to COUNTY a complete description of the project(s) 16 proposed to be conducted by CITY hereunder, including detailed estimated costs 17 thereof. Said project(s) description and any amendments thereto shall be submitted 1$ to and approved by the COUNTY, prior to commencement by CITY of such projects. COUNTY 19 shall not be liable for any costs which exceed said estimated project(s) costs. 20 b. Agrees to act as Project Manager for said project(s) and to submit 21 any and all contracts funded through this agreement to COUNTY for review prior to 22 award of such contracts by CITY. 23 c. Agrees and acknowledges responsibility for the design of projects 24 funded under this contract. All CITY administrative costs associated with imple- 25 tation of this contract shall be borne by CITY. 26 d. Shall submit a construction bid package to COUNTY for review 27 prior to advertising for construction bids relating to contracts to be funded 28 through this contract or prior to award of such contracts if no bids are -2- 11 2 3 41 5. 61' 7, 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Agreement No. C25561 C25760 COUNTY OF ORANGE C25940 ENVIRONMENTAL IANAGEMF.NT AGENCY C26091 HOUSING AND COMMUNITY DEVELOPMENT CONTRACT TITLE OF PROJECT: Implementation of the Los Rios Plan MEMORANDUM OF CONTRACT entered into this /y day of tjot)e M � e2_ , 19 BY AND BETWEEN and CITY OF SAN JUAN CAPISTRANO a municipal cor- poration, 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 & 1977, hereinafter referred to as COUNTY. W I T N E S S F. T H WHEREAS, COUNTY and CITY previously entered into Cooperation Agreements, dated January 21, 1975; January 27, 1976; January 4, 1977 and December 6, 1977 in which both parties agreed to cooperate in the undertaking, or assist in the under- taking, of community development and housing assistance activities, and WHEREAS, the CITY has submitted to the COUNTY an application for funding of a project(s) hereinafter described, and 1,1HEREAS, the COUNTY has entered into separate agreements dated July 15, 1975; July 20, 1976; July 26, 1977 and July 11, 1975 with the L7. S. Department of Housing and Urban Development (hereinafter designated as HUD) to fund said project(s) under the Housing and Community Development Act of 1974 and 1977. NOW, TFE EFORE, 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. apply: 1. For the PURPOSES OF THIS CONTRACT the following definitions shall a. Project 1?ana,;er: The party responsible for, but whose responsibility f lIi that said funds were not expended in compliance with the federal laws and reg - 2'1 ulations, CITY will refund to COUNTY such sums which were improperly expended. 3 j. Will assume responsibility for the California Environmental 4 Quality Act requirements and will provide COUNTY with necessary information to 5 comply with the National Environmental Policy Act. 6 4. Project Funding: 7 1a. The estimated cost of these projects covered by this agreement is: 8 Ninety -One Thousand Dollars and no/100 ($91,000.00). 9 b._ Based on the above estimate, these projects will be financed as 10 follows: Ninety -One Thousand Dollars and no/100 ($91,000.00) Block Grant Funds. 11i C. Payment by the COUNTY to the CITY shall be on a reimbursable basis 12 unless the CITY has been authorized and issued cash advances by COUNTY under this 13 agreement. 14 d. Cash advances requested by the CITY under this agreement shall be 15 made by the COUNTY to the CITY if the following conditions are met: �I 1611 (1) The CITY has demonstrated to the Director through certifica- 17tion in a form prescribed by the Director and subsequently through performance, 18 its willingness and ability to establish procedures that will minimize the time 19'elapsing between the transfer of funds to it and its disbursement of such funds. 201 (2) The CITY certifies to the Director, that the CITY's I 211financial management system meets the standards for fund control and accountability 22I1prescribed in Federal Management Circular 74-7. .I 2311 (3) The CITY complies with the cash advance procedures as shall I I 24;be required by the Financial Procedures of the Housing and Community Development 25 Division of Orange County Environmental Management Agency (hereinafter H/CD). 26;i If, subsequently, the CITY is found to be in non-compliance with the 271 bove, the CITY shall be paid only on the aforementioned reimbursable basis and, 5 28 xf necessary, agrees to reimburse the COUNTY for any monetary damages the COUNTY -4- I involved. CITY shall construct project in accordance with construction bid 2 package unless prior approval is received from COUNTY for deviation therefrom. 3 e. Agrees that all work shall be in accordance with CITY's governing 4 building and safety codes. 5 f'. Shall maintain accounting records, official files, and other 6 evidence pertaining to costs incurred pursuant to all applicable HUD regulations, 7 and all of these shall be accessible for the purpose of making surveys, audits and 3 examinations by duly authorized representatives of COUNTY or HUD. These records 9 shall be kept available at CITY'S office during the contract period and thereafter 10 for three (3) years from the date of final payment of HUD Community Development 11 Block Grant Funds. 12 g. Agrees that the project developed under this program must be re - 13 tained for Community Development purposes as defined by applicable HUD provisions 14 and at a level of operations and maintenance adequate to insure maximum utilization 15 of the project by low and moderate income families. 16 h. Agrees that the Director, shall evaluate the CITY's progress in 17 complying with the terms of this contract six months after the execution thereof, IS and each six months thereafter. CITY shall cooperate fully in such evaluation. 19 The Director., shall report the finding of each evaluation to the City Council of 20 CITY and the Orange County Board of Supervisors. If it is determined by the Board 21 of Supervisors that performance or progress on performance is unsatisfactory, the 22 Board of Supervisors may terminate the contract or withhold further funding on the 23 project pending resolution of the unsatisfactory conditions. In addition, the 24 Board of Supervisors may require reimbursement of any funds that are determined by 25 such body to be improperly expended or not expended on the project in a timely manner. 26 i. Agrees that if it is subsequently determined by COUNTY or HUD 27 that said funds were not expended in compliance with the federal laws and regu- 28 lations, CITY will refund to COUNTY such sums which were improperly expended. -3 0 1 8. The parties recognize that the funds being made available under til this contract shall not be used for the provision of cost of living wage and I� 3 I salary increases as per Section 16280 of the California Government Code. It is 4 agreed that all funds provided to the CITY shall be used exclusively for con - 5 tractual capital improvement projects. It is further agreed that no funds 6 provided under this contract shall be used for the administration of this agree - 7 ment. All CITY administrative costs associated with this contract shall be borne 8 by CITY. If binding legal authority determines that the provision of funds 9 1 pursuant to this contract should in any way cause the COUNTY to become ineligible 10 for State funds, all funds provided hereby shall be immediately returned to 11 COUNTY, and this contract shall be deemed voided to the extent necessary to 12 avoid such ineligibility. 13 14 15 16 17 18 19 20 21 22 23 241 25 26 27 28 I Ii -6- I may incur for the CITY's non—compliance. 2 e. Reimbursable basis payments, as referred to in section 4.c. above, 3 and/or cash advances described in 4.d. above, will be made in accordance with the 4 financial procedures as shall be required by li/CD. In the event of conflict 5 between said financial procedures and any applicable statutes, rules or regulations 6 of HUD, including Federal Management Circulars 74-4 and 74-7, the latter shall 7 prevail. 8 5. Neither COUNTY nor any officer or employee thereof shall be respon- 9 sible for any damage or liability occurring by reason of any action or omission 10 of CITY under or in connection with any work, authority or jurisdiction delegated 11 to CITY under this contract. It is also understood and agreed that, pursuant 12 to Government Code Section 895.4, CITY shall fully indemnify, defend and hold 13 1 COUNTY harmless from any Liability imposed for injury (as defined by Government 14 Code Section 810.8) occurring by reason of any action or omission of CITY under 15 or in connection with any work, authority or jurisdiction delegated to CITY 16 under this contract. 17 6. Neither CITY nor any officer or employee thereof shall be responsible 18 for any damage or liability occurring by reason of any action or omission of 19 COUNTY under or in connection with any work, authority or jurisdiction not 20 delegated to CITY under this agreement. It is also understood and agreed that, 21 pursuant to Government Code Section 895.4 COUNTY shall fully indenrify, defend 22 and hold CITY harmless from any liability imposed for injury (as defined by 23 Government Code Section 810.8), occurring by reason of any action or omission 24 of COUNTY under or in connection with any work, authority or jurisdiction 25 not delegated by CITY under this agreement. 26 7. In the event of CITY's failure to comply with the provisions 27 of this Contract, COUNTY nay withhold funds and/or allocate funds to another 28 I activity considered by the COUNTY to be in compliance with the Act. I -5- 1 2 3 4 5 6 7i 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS THEREOF, CITY has caused this contract 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. CITY OF SAN JUAI4 CAPISTRANO Dated: October 18, 1978 KENNETH E. FDESS—; I-MYOR ATTEST: City Clerk v ATTEST: JULIE ALE:X.ANDER Clerk of the Board of Supervisors of Orange County, California COUNTY OF 4GE, a political subdivision of the StAt46 of California APPROVED AS TO FORT: ADRIAN 9UYPER, County Counsel ORANGE COUNTY, CALIFORNIA By D/C1) MM:vl740a(1) -7- irman of the Bo COUNTY APPROVED AS TO FORM: so rls es S. OY,azaki, City Attorney 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 1 national origin. The CITY shall take affirmative action to insure that applicants for employment are employed and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demo— tion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other form, compensation; and selection for training, including apprenticeship. The CITY shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the COUNTY setting forth the provisions of this nondiscrimination clause. The CITY shall, in all solicita— tions 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 incorpo— rate the foregoing 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 nonexempt 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: "During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant 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, color, Exhibit "A" to COUNTY/CITY Contract Page 2 of 14 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 SPECIAL PROVISIONS A. Section 3 - Compliance With the Provision of Training Employment and Business 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 assist- ance 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 information 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 given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. 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 pridr 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 subcontractor where it has notice or knowledge that the letter has been found in violation of regulations 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: H/CD Funding Agreement) B. Equal Employment Opportunity In carrying out the program, the CITY shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or Rvd 7-20-78 Exhibit "A" to COUNTY/CITY Contract Page 1 of 14 I to ascertain compliance with such rules, regulations and orders. 2 6. In the event of the contractor's noncompliance with the nondis- 3 crimination clauses of this contract or with any of such rules, 4 regulations or orders, this contract may be canceled, terminated 5 or suspended in whole or in part and the contractor may be declared 6 ineligible for further Government contracts or federally assisted 7 construction contract in accordance with procedures authorized in 8 Executive Order 11246 of September 24, 1965, or by rules, regula- 9 tions or order of the Secretary of Labor or as otherwise provided 10 by law. 11 7. The contractor will include the portion of the sentence immediately 12 preceeding paragraph (1) beginning with the words "During the per - 13 formance of..." and the provisions of paragraphs (1) through (7) 14 in every subcontract or purchase order unless exempted by rules, 15 regulations or orders of the Secretary of Labor issued pursuant to 16 Section 204 of the Executive Order 11246 of September 24, 1965, so 17 that such provisions will be binding upon each subcontractor or 18 vendor. The contractor will take such action with respect to any 19 subcontract or purchase order as the Department may direct as a 20 means of enforcing such provisions, including sanctions for non - 21 compliance; provided, however, that in the event a contractor be - 22 comes involved in, or is threatened with, litigation with a sub - 23 contractor or vendor as a result of such direction by the Department 24 the contractor may request the United States to enter into such 25 litigation to protect the interest of the United States." 26 The CITY further agrees that it .ill be bound by the above equal opportunity 27 clause with respect to its own employment practices when it participates in federally 28 Exhibit "A" to COUNTY/CITY Contract Page 4 of 14 1. 211 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 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 applicants 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 avail— able to employees 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, regu— lations 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 investigation Exhibit "A" to COIJNTYJCITY Contract II Page 3 of 14 i 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 0 0 completion or repair of any building or work financed in whole or in part with assistance provided under this contract, shall comply with HUD requirements per- taining 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: Provided, that if wage rates higher than those required under such regulations are imposed 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 require- ments of 29 CFR 5.5 and for such contracts in excess of. $10,000, 29 CFR 5a.3. The "Federal Labor Standards Provisions" (HUD 4010) are made part of this con- tract. No 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.) 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. 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 Exhibit "A" to COUNTY/CITY Contract Page 6 of 14 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 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, HUD and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the COUNTY, HUD and the Secretary of Labor such information as they may require for the supervisions of such compliance; and that it will otherwise assist the above parties in the dis- charge of its primary responsibility for securing compliance. 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 HUD or the Secretary of Labor pursuant to Part II, Subpart D 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, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending 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 CITY. (Source: H/CD Funding Agreement) C. Federal Labor Standards Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the CITY and all contrac- tors engaged under contracts in excess of $2,000 for the construction, prosecution, Exhibit "A" COUNTY/CITY Contract Page 5 of 14 1 contract shall require every building or facility (other than a privately owned 2 residential structure) designed, constructed, or altered with funds provided under 3 this Part to comply with the "American Standard Specifications for Making Buildings 4 and Facilities Accessible to, and Usable by, the Physically Handicapped," Number 5 A-117.1-R 1971, subject to the exceptions contained in 41 CFR 101-19.604. The 6 CITY will be responsible for conducting inspections to insure compliance with these 7 specifications by any contractor or subcontractor (Source: 24 CFR Part 570.307 (K)) 8 F. Relocation 9 1. The CITY in any activity directly or indirectly financed under this 10 contract shall: 11 a. To the greatest extent practicable under State law, comply with 12 Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of 13 the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 14 1970 and will comply with Sections 303 and 304 of Title III, and HUD implementing 15 instructions at 24 CFR Part 42; and 161 b. Inform affected persons of their rights and of the acquisition 17! policies and procedures set forth in the regulations at 24 CFR Part 42 and 18 570.602(b). 19 2. The CITY shall also: 20 a. Comply with Title II (Uniform Relocation Assistance) of the Uni- 211 form Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 22 HUD implementing regulations at 24 CFR Part 42 and 570.602(a); 23 b. Provide relocation payments and offer relocation assistance as 24` described in Section 205 of the Uniform Relocation Assistance Act to all persons 25 'i displaced as a result of acquisition of real property for an activity assisted 26 j under the.Community Development Block Grant Program. Such payments and assist- 27 ance shall be provided in a fair and consistent and equitable manner that insures I 28 Exhibit "A" to COUNTY/CITY Contract Page 8 of 14 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 excluded from participation in, be denied the benefits of, or be otherwise sub- jected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this assuralnce. 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 for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits. 2. Title VIII of the Civil 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 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 (24 CFR Part 570.601), which pro- vides 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 bene- fits 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: 24 CFR Part 570.307 (1 1-4)) E. Accessibility/Usability of Facilities and Buildings for Physically Handicapped The CITY, in any activity directly or indirectly financed under this Exhibit "A" of COUNTY/CITY Contract Page 7 of 14 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 0 0 insurance program pursuant to Section 201(d) of Said Act; and the use of any assistance provided under this Contract 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 available 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 acqui- sition 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 assis- tance provided under this Contract. (Source: H/CD Funding Agreement) The CITY shall comply with the provisions of Executive Order 11296, relating to evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. (Source: 24 CFP, 570.307 (j)) I. Compliance with Air and Water Acts The CITY shall cause or require to be inserted in full in all non- exempt contracts or subcontracts for work furnished in whole or in part by the grant contracts, the following requirements (provided that contracts, sub- contracts.and subloans not exceeding $100,000 are exempt from this part: This Contract is subject to the requirements of. the Clean Air Act, Exhibit "A" of COUNTY/CITY Contract Page 10 of 14 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 that the relocation process does not result in different or separate treatment of such persons on account of race, color, religion, national origin, sex, or source of income; 3. Assure that, within a reasonable period of time prior to dis- placement, 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 CFR Part 42 and 570.602(a). (Source: 24 CFR Part 570.307 (n 5 o). C. Lead -Based Paint Hazards The construction or rehabilitation of residential structures with assist- ance provided under this Contract is subject to the HUD Lead -Base Paint regulations, 24 CFR 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 under this Contract shall be made subject to the provisions for the elimination of lead - base paint hazards under subpart B of said regulations and the CITY shall be responsible for the inspections and certifications required under Section 35.14(f) thereof. (Source: 14/CD Funding Agreement) H. Flood Disaster This Contract is subject to the requirements of the Flood Disaster Protection 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 Section 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 Exhibit "A" of COU17TY/CITY Contract Page 9 of 14 1 through (4) of this section in every non-exempt subcontract and 2 requiring that the contractor will take such action as the Govern - 3 ment may direct as a means of enforcing such provisions. 4 In no event shall any amount of the assistance provided under this 5 contract be utilized with respect to a facility which has given rise to a con- s viction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the 7 Federal Water Pollution Control Act. (Source: H/CD Funding Agreement) 8 J. Management Compliance 9 The CITY in any activity directly or indirectly financed under 10 this contract shall comply with the regulations, policies, guidelines and re - 11 quirements of OMB Circular No. A-102, Revised, and Federal Management Circular 12 74-4: Cost principles applicable to grants and contracts with State and local 13 governments, and Federal Management Circular 74-7: Uniform Administrative 14 Requirements for grant-in-aid to State and local governments as they relate 15 to the application, administration, acceptance and use of Federal funds under 16 this Part. (Source: 24 CFR Part 570.307(g)) 17 K. Obligations of Contractor with Respect to Certain Third Part 18 Relationships 19 The CITY shall remain fully obligated under the provisions of this 20 contract notwithstanding its designation of any third party or parties for the 21 undertaking of any part of the program with respect to which assistance is being 22 provided under this contract to the CITY. Such third party or parties shall com- 23 ply with all lawful requirements of the CITY necessary to insure that the program 24 with respect to which assistance is being provided under this contract to the 25 CITY is carried out in accordance with the CITY's assurances and certifications, 26 including those with respect to the assumption of environmental responsibilities 27 of the CITY under Section 104(h) of the Housing and Community Development Act 28 Exhibit "A" to COUNTY/CITY Contract Page 12 of 14 1 i I!' as amended 42 USC 1857 et seq., the Federal Water Pollution Control Act, as 2 amended 33 USC 1251 et seq. and the regulations of the Environmental Protection 3 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 re- s quire to be inserted in full in all contracts and subcontracts dealing with any 6 non-exempt transaction thereunder funded with assistance provided under this 7 contract, the following requirements: 8 1. A stipulation by the contractor or subcontractors that any 9 facility to be utilized in the performance of any non-exempt 10 contract or subcontract is not listed on the list of Violating 11 Facilities issued by the Environmental Protection Agency (EPA) 12 pursuant to 40 CFP. 15.20. 13 2. Agreement by the Contractor that he will comply with all the 14 requirements of Section 114 of the Clean Air Act, as amended 15 (42 USC 1857c-8) and Section 308 of the Federal Water Pollution 16 Control Act, as amended (33 USC 1318) relating to inspection, 17 monitoring, entry, reports and information, as well as all other 18 requirements specified in said Section 114 and Section 308, and 19 all regulations and guidelines issued thereunder. 20 3. A stipulation that as a condition for the award of the contract 21 prompt notice will be given of any notification received from 22 the Director of the EPA, Office of Federal Activities or any 23 agent of that office, that a facility utilized or to be utilized 24 for the contract is under consideration to be listed or. the EPA 25 list of Violating Facilities. 26 4. An Agreement by the contractor that he will include or cause to 27 be included the criteria and requirements in paragraph (1) 28 Exhibit "A" to COUNTY/CITY Contract Page 11 of 14 0 0 1 Act which limits the political activity of employees. (24 CFF Part 570.307(q)) 2 P. Definitions 3 Throughout these Special Provisions the meaning of words shall be 4 that meaning given by the act, regulation, Executive Order, Federal Management 5 Circular, agreement, or rule cited herein as the source for the section in which 6 the word appears. (Source: Orange County Counsel) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit "A" to COUNTY/CITY Contract AP:v11152a(1) Page 14 of 14 1 of 1974. (Source: H/CD Funding Agreement) 2 L. Interest of Certain Federal Officials 3 No member or Delegate to the Congress of the United States and no 4 Resident Commissioner, shall be admitted to any share or part of this contract 5 or to any benefit to arise from the same. (Source: H/CD Funding Agreement) 6 M. Interest of Members, Officers or Employees of CITY, Members of Local 7 Governing Body or Other Public Officials 8 No member, officer or employee of the COUNTY or CITY or its 9 designees or agents, no member of the governing body of the locality in 10 which the program is situated and no other public official of such locality 11 or localities who exercise any functions or responsibilities with respect 12 to the program during his tenure or for one year thereafter, shall have 13 any interest, direct or indirect, in any contract, subcontract or the proceeds 14 thereof, for work to be performed in connection with the program assisted 15 under this contract. The CITY shall incorporate or cause to be incorporated, 16 in all such contracts or subcontracts a provision prohibiting such interest 17 pursuant to the purposes of this section. (Source: H/CD Funding Agreement) 18 N. Prohibition Against Payments of Bonus or Commission 19 The assistance provided under this contract shall not be used in the 20 payment of any bonus or commission for the purpose of obtaining HUD approval of 21 the application for such assistance or HUD approval of application for additional 22 assistance of any other approval or concurrence of HUD required under this con - 23 tract, provided, however, that reasonable fees or bona fide technical, consultant, 24 managerial or other such services, other than actual solicitation, are not hereby 25 prohibited if otherwise eligible as program cost. (Source: H/CD Funding Agreement) 26 0. Hatch Act Compliance 27 The CITY and COUNTY shall comply with the provisions of the Hatch 28 Exhibit "A" of COUNTY/CITY Contract Page 13 of 14 UUv �o oQ 0 \ �2 Z0 . ,A 1A . HEMA 7r 9 . SPRING ST Service Area Statistics ✓Y j Percent L/M Income 66 Percent L/M Income and Latino 11 Percent L/M Income and Elderly 13 Total Population 503 Total Households 184 Percent Homeoi,mers 58 Percent Renters 42 Housing/Community Development ❑ SAN JUAN CAPISTRANO MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA November. 14, 1978 IN RE: CONTRACT HOUSING/COMMUNITY DEVELOP;fENT CITY OF SAN JUAN CAPISTRANO IMPLEMENTATION OF THE LOS RIOS PLAN On motion of Supervisor Schmit, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Housing and Community Development Contract, dated November 14, 1978, between the County of Orange and the City of San Juan Capistrano to fund certain public improvements for the design and construction of streets, gutters, sidewalks, curb cuts, street lighting, water/sewer and drainage lines in the Los Rios service area. IN RE: CONTRACT HOUSING/COMMUNITY DEVELOPMENT CITY OF SAN JUAN CAPISTRANO HOUSING REHABILITATION On motion of Supervisor Schmit, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the housing and Community Development Contract, dated November 14, 1978 between 'Lhe County of Orange and the City of San Juan Capistrano to provide low interest loans to low and moderate income homeo-vmers of the Los Rios area. IN RF. CONTRACT HOUSING/COMMUNITY DEVELOP^`_ENT CITY OF LAI'ABRA MINOR REHABILITATION GRANTS IN SUPPORT OF NHS LOAN PROGRAM On motion of Supervisor Schmit, duly seconded and unanimously curried, the Chairman and the Clerk are authorized to sign the Housir,; and Community Development Contract, dated November 14, 1978 between the County of Orange and the City of La Habra for minor rehabilitation grants in support of a NHS Rehabilitation Loan Program. "F 101j ..3,1z ,b, MEMORANDUM TO: James S. Mocalis, City Manager FROM: Thomas G. Merrell, Director Community Planning $ Development October 18, 1978 SUBJECT: Reconsideration - 4th Year HCDA Contract STTHATTON This item has been scheduled for City Council consideration at tonight's meeting. Staff in cooperation with Orange County Environmental Agency HCDA Dvision, have discussed the implications of the contractual wording and project implementation. Due to the time constraints placed upon Orange County by HUD, a revised agreement format has been agreed upon for submission to the Board of Supervisors. The suggested revisions are as follows: 1. Delete Section 8 and 7 from the public improvement and housing rehabilitation contracts respectively and substitute the following: "The parties recognize that the funds being made available under this contract shall not be used for the provisions of cost of living wage and salary increases as per Section 16280 of the California Government Code. It is agreed that all funds provided to the City shall be used exclusively for rehabilitation loans and contractual capital improvement projects. It is further agreed that no funds shall be used for the administration of this agreement. All City administrative costs associated with this contract shall be borne by City." 2. Public Improvements Contract - revise Section 4a and 4b to Ninety- one thousand dollars ($91,000). This will include public improvement funds contained in years 1-3 and portions of 4th year. 3. Rehabilitation Contract - Revise contract to read that City will implement and administer the Housing Rehabilitation program of $25,000, The implementation of these changes and subsequent issuance of necessary contracts and agreements for the subject projects can be accomplished by December 31st. This would result in a total drawdown of approximately $116,672 out of $151,672 or 76.90. The staff recommendation contained in the City Council Agenda should be modified to permit the Mayor to execute the necessary contracts subject ��ty/ol�the preceding conditions. / `�";T M:TT:mlr Addition to Agenda Item 10/18/78 FOR CITY COUNCIL AGENDA ... .. AGENDA ITEM TO: James S. Mocalis, City Manager FROM: Thomas G. Merrell, Director of Community Planning and Development SUBJECT: Reconsideration HCDA Fourth Year Contract STTIIATTON 0 October 18, 1978 The Orange County Board of Supervisors at their meeting of September 26th, deferred action on two previously executed agreements for the fourth year Housing and Community Development program in order to incorporate an additional stipulation. This action was taken upon the request of the County Counsel. The additional stipulation is worded as follows: "The parties recognize that Section 16280 of the California Government Code is to the effect that State funds shall not be available to any local agency which provides a cost of living wage or salary increase in the 1978-79 fiscal year for any individual. The parties recognize significant State sums have been made, or are anticipated to be made, available for the County of Orange and various entities governed by the Orange County Board of Supervisors, hereinafter referred to as County. It is agreed that County is not by this action providing any cost of living wage or salary increase for any individual. If binding legal authority determines that the provision of funds pursuant to this action should in any way cause County to become ineligible for State funds, all funds provided hereby shall immediately be returned to County, and this action shall be deemed voided to the extent necessary to avoid such ineligibility." It is staff's opinion that Council should seriously consider the implications of this condition. It is the opinion of the City Attorney that acceptance of the new stipulation could be detrimental to the interests of the City and its residents in that it would tend to result in a shift in decision- making authority and responsibility from the local level to the County. Such a situation would violate a basic principle of Home Rule by regulating such a local issue as employee salary levels. Additionally, the stipulation appears to ignore the fact that Housing/Community Development Act funds have been applied and approved as part of a federal grant program. The funds involved are not related to any State funding source. All administrative cost for the program are reimbursable as part of the grant. Although, these funds are channeled through the County of Orange, the decision to determine the uses for such funds are made through locally elected representatives. In light of such considerations and implications, staff believes that the above-mentioned stipulation would severely usurp the police powers of local government and local decision- making authority and responsibility. FOR CITY COUNCIL AGENDA Agenda Item FINANCIAL CONSIDERATIONS -2- 0 October 18, 1978 The contracts under consideration involve $75,000 in Federal HCDA for implementation of the 4th Housing Rehabilitation and Public Improvements Program. An additional possible expenditure of years 1-3 may be impacted if said stipulation was included in an operational agreement. The funding involved in grant years 1-3 totals $76,672. ALTERNATE ACTIONS 1. Authorize the Major to execute the revised contracts. 2. Do not authorize the Mayor to execute the revised contracts. 3. Request staff to work with the County of Orange on alternate language which meets the concerns of the City Council. 4. Request further information and/or study from staff. S. Withdraw from the HCDA grant program. ----------------------------------------------------------------- RECOMMENDATION By Motion: 1. Do not authorize the Mayor to execute the revised contracts. 2. Request staff to work with the County of Orange personnel on an alternate language which meets the policy concerns of the City Council. Resp submitted, ,x:n mwu e Thomas G. Merrell TGM:TT:mlr 0 0 Approval of Agreements: It was moved by Councilman Schwartze; seconded by Councilman Buchheim and unanimously carried to approve the contractural agreements for the City's Housing Rehabilitation and Public Improvements Program with the County of Orange, to authorize the Mayor to sign the agreements on behalf of the City, and .the City Clerk to attest thereto. roval of Administration of Housi It was moved by Councilman Schwartze; seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 78-9-6-3, HOUSING AND COMMUNITY DEVELOPMENT ACT (HCDA) HOUSING REHABILITATION PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING JOINT PARTICIPATION IN THE HOUSING IMPROVEMENT PROGRAM BEING ADMINISTERED BY THE COUNTY OF ORANGE AS PART OF THE HOUSING AND COMMUNITY DEVELOPMENT URBAN GRANT PROGRAM The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None ACCEPTANCE OF BID AND AWARD OF CONTRACT - CHEMICAL SUPPLIES (SERRA TREATMENT PLANT) (79) o osal: (38) Aw d of bid for polymer chemicals for use at the SERRA Trea ent Plant. Written C unications: 1) Report ated September 6, 1978, from David B. Smith, Administr tive Services Officer, forwarding the results of bids rec ,ved. Award of Contract: It was moved by Counci man Thorpe; seconded by Councilman Schwartze and unanimously'—arried to award the bid to the low qualifying bidder, Allied Colloids of Ridgewood, New Jersey, in the amount of $1,80 per pound, and to authorize the Mayor to execute the contract on behalf of the City and the City Clerk to attest thereto. Councilman Schwartze commended staff on the reporting. CONSENT CALENDAR It was moved by Councilman Thorpe and seconded by Councilman Buchheim that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilman Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None -8- 9/6/78 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze Buchheim and Mayor Friess I NOES: None ABSENT: None 3. (31) Proposal: Destruction of 2 -year old do which are no longer required to justify retention or micr OF Its and duplicate records are not of sufficient value Report dated Septemb 6, 1978, from the City Clerk requesting authorj.z tion to destroy the records listed on Exhibit "A" o£he Resolution and forwarding the consent of the C' y Attorney. It was moved by C ncilman Schwartze and seconded by Councilman Hausdorfer that e following Resolution be adopted: RESOLUTIO NO. 78-9-6-2, PROVIDING FOR THE nrcmitnrminN nv rFomnry nFrnnnc - a APQnT.TTMIM7 OFTHE ITY COUNCIL OF THE CITY OF SAN JUAN CAPIS O, CALIFORNIA, AUTHORIZING AND DIRE ING THE CITY CLERK TO DESTROY CERTAIN CIT RECORDS AND DOCUMENTS PURSUANT TO THE G ERNMENT CODE OF THE STATE OF CALIFORNIA The tion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None BIDS, CONTRACTS, AGREEMENTS APPROVAL AND AGREEMENTCOMMUNITY HOUSING AND COMMUNITY I 1977 (23) Proposal: (38) Adoption of a Resolution approving initial administration of - the housing rehabilitation project, which consists of a low-interest home improvement loan program eligible to owners/occupants and land owners (absentee) in the amount of $25,000.00 for structures within the Los Rios Area; and, approval of a contract with the County of Orange for design of a master plan drainage system and construction of street improvements fox Mission Street in the amount of $50,000.00. Written Communications: (1) Report dated September 6, 1978, from the Director of Community Planning and Development advising that the 9th year grant application for the Los Rios Area has been approved by the United States Department of Housing and Urban Development. -7- 9/6/78 lop AGENDA ITEM September 6, 1978 TO: James S. Mocalis, City Manager FROM: Thomas G. Merrell, Director of Community Planning and Development SUBJECT: HCDA Contract Agreements - 4th Year Application SITUATION: The City's requested funding under the 4th year grant application has been approved by the United States Department of Housing and Urban Development. The attached con- tracts reflect the cooperation agreement for the implementation of the two programs which were submitted under the 4th year application (Housing Rehabilitation and Public Improvements).. The housing rehabilitation project consists of a low-interest home improvement loan program eligible to owners/occupants and land owners (absentee). The funding level for this program for the 4th year is $25,000. As stated in the contractual agree- ment, the City shall arrange for the administration of the program through a local lending institution. Staff has reviewed the current program being conducted by Security Pacific Bank for the County of Orange. We have learned that it will take approximately a year to set up a similar program with a different lending institution. We have received various inquiries from local institutions which would be interested in administering such a program. However, due to the time constraints imposed by HUD to commit funds, it is recommended that the City join the program presently being conducted by Orange County for the time being. The County Housing and Community Development staff have indicated that such a program could be integrated with their system within a very short time frame. Since their agreement is on a year-to-year basis, this would provide the opportunity to investigate possible incorporation or renegotiation with another institution. A resolution which provides for initial ad- ministration of the rehabilitation program is attached. The public improvements contract covers the initial expenditure of funds to design and construct improvements as recommended by the Los Rios Precise Plan. The funding level for 4th year is $50,000. This is intended to provide for the design of a master plan drainage system and construct street improvements for Mission Street. The public improvements section of the HCDA program is proposed to be a multi-year pro- ject using funding resources in subsequent grant year applications. Staff is currently preparing a detailed neighborhood strategy program for the next three years of the program which includes the public improvement phasing schedule. The document is cur- rently being drafted and will be made a part of the Sth year application presented for public review during September and October. FOR CITY COUNCIL AGENDA sea Agenda Item - HCDA Contract Agreements -2- September 6, 1978 FINANCIAL CONSIDERATIONS: None. The grant will provide $75,000 for implementing portions of the Los Rios Precise Plan. The administrative costs associated with the HCDA program are in- cluded as part of the grant funding. ALTERNATE ACTIONS: 1. Find the contracts unacceptable and request appropriate revisions. 2. Find that the contracts are acceptable and authorize the Mayor to execute the attached agreements. 3. Find that the contracts are acceptable and authorize the Mayor to execute the attached agreements and approve City participation in the County of Orange Home Improvement Program per the attached resolution. RECOMMENDATION: 1. By motion, approve the contractual agreements for the City's Housing Rehabili- tation and Public Improvements Programs with the County of Orange. 2. By resolution, approve the administration of the Housing Rehabilitation Loan Program through the County of Orange and Security Pacific Bank. ------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------ Resrp�ecttfu�l�l�y submitted, ' Thomas G. Merrell TM:TT:ky Attachments VP • RESOLUTION NO. 78-9-6-3 • HOUSING AND COMMUNITY DEVELOPMENT ACT (HCDA) HOUSING REHABILITATION PROGRAM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING JOINT PARTICIPATION IN THE HOUSING IMPROVEMENT PROGRAM BEING ADMINISTERED BY THE COUNTY OF ORANGE AS PART OF THE HOUSING AND COMMUNITY DEVELOPMENT URBAN GRANT PROGRAM WHEREAS, the City Council at its regular meeting of December 4, 1977, held a public hearing to receive testimony on a proposed housing rehabilitation loan program included as part of the City's fourth year grant application submitted as part of the Urban County Grant; and, WHEREAS, said rehabilitation program was included and made a part of the Urban County Grant application which was submitted to the United States Department of Housing and Urban Development for funding under the Housing and Community Development Act; and, WHEREAS, the United States Department of Housing and Urban Development has reviewed and approved said grant application and has funded the City's proposed Housing Rehabilitation Loan Program for $25,000.00; and, WHEREAS, the County of Orange has prepared, submitted, and received approval for the establishment of a Housing Improvement Program and has entered into an agreement to administer said program with Security Pacific Bank; and, WHEREAS, said Housing Improvement Program contains a housing rehabilitation loan program similar to that proposed by the City of San Juan Capistrano; and, WHEREAS, the City of San Juan Capistrano has inquired into the possibility to coordinate its program with the County of Orange. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, California, does hereby request participation in the CountyofOrange Home Improvement Program specifically as it relates to the Housing Rehabilitation Loan Program. BE IT, FURTHER RESOLVED, that the Mayor is hereby authorized to execute the necessary agreements with Security Pacific Bank and the County of Orange for the administration of said program. Said agreements shall not exceed one (1) year and may at the discretion of the City Council be renewed in maximum one (1) year increments. PASSED, APPROVED AND ADOPTED this 6th day of September , 1978 , by the following vote, to -wit: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None HENNli191E. F'RIE.'S, MAY 5 ATTEST: CITY CL1:RK _ - ----- r on y •, STATE OF CALIFORNIA ) COUNTY OF ORANGE 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. 78-9-6-3 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 6th day of September , 1978 . (SEAL) 'MARY ANN HANOVER, 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. 76-12-15-10 and on the 7th day of September 1978, she caused to be posted: RESOLUTION NO. 78-9-6-3 being: HOUSING AND COMMUNITY DEVELOPMENT ACT (HCDA) HOUSING REHABILITATION PROGRAM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING JOINT PARTICIPATION IN THE HOUSING IMPROVEMENT PROGRAM BEING ADMINISTERED BY THE COUNTY OF ORANGE AS PART OF THE HOUSING AND COMMUNITY DEVELOPMENT URBAN GRANT PROGRAM in three (3) public places in the City of San Juan Capistrano, to wit: The Administration Building; The Post Office; The Orange County Public Library. -2- MARY ANN HANOVER, City Clerk San Juan Capistrano, California • • AGENDA ITEM November 16, 1977 TO: Honorable Mayor and City Council FROM: James S. Mocalis, City Manager SUBJECT: Cooperation and Assurance Agreement - Fourth Year HCDA SITUATION This item must be acted upon at the meeting of November 16, due to a County deadline date. It does not appear on the Agenda because Staff learned of the deadline after the Agenda was prepared. FOR CITY COUNCIL AGENDA ........ AGENDA ITEM TO: James S. Mocalis, City Manager 0 November 16, 1977 FROM: Thomas G. Merrell, Director of Community Planning $ Development SUBJECT: Cooperation and Assurance Agreement - Fourth Year HCDA SITUATION: Staff is presently in the process of preparing the City's fourth year grant application under the provisions of the Housing and Community Development Grant program. It has been reviewed by the Planning Commission at its meeting of October 25, 1977. At that meeting staff was requested to provide additional information for distribution to the residents in the Los Rios area prior to the public hearing being held by the City Council. This additional information is being prepared and will be distributed with the public hearing notice for the December 7 meeting of the City Council (see Attachment A). Staff has been in contact with the Environmental Management Agency which is responsible for preparing the Urban Grant Application of which the City is a participant. They have requested that the City must submit the attached cooperation and assurances agreement to Orange County Environmental Management Agency prior to November 18, 1977 if the City wishes to participate in the fourth year funding application. The City Attorney has reviewed the subject agreements and approved them as to form (Attachments B and Q. FINANCIAL CONSIDERATIONS: If the cooperation and assurances agreements are executed, the City will be eligible for fourth year funding. ALTERNATE ACTIONS: 1. Approve the cooperation and assurances agreements and authorize the Mayor to execute same. 2. Approve the cooperation and assurances agreements subject to modification. 3. Do not approve the cooperation and assurances agreements and direct staff not to submit the fourth year HCDA application. RECOMMENDATION: By motion, approve the cooperation and assurances agreement and authorize the Mayor to execute same. ---------------------------------------- ------ ---- --- -- - Respectfully submitted, homas G. Merrell FOR CITY COUNCIL AGENDA ....... TGM:TT:kay Attachments fF Planning Commission Minutes -2- • October 25, 1977 ZV 77-20 (Chapman) Mr. Merrell reviewed the request for reduction of a side yard setback to permit a gazebo in Meredith Canyon. Chairman Pro Tem Riley opened.the public hearing. Mr. Ken Chapman, applicant, offered to answer any questions. There being no one else wishing to be heard, the public hearing was closed. Commissioner Taylor suggested some revisions to the draft resolution to indicate that the gazebo has already been constructed. Commissioner Hausdorfer offered Resolution 77-10-25-1 approving ZV 77-20. The resolution passed by unanimous roll call vote. General Plan Amendment 77-3 (Circulation Element, King) Mr. Merrell noted that the public hearing had been scheduled for this meeting in order to meet time constraints imposed by the Land Use Management Code. He requested a contin- uance of the Circulation Element portion to the meeting of November 8th, and the King portion to November 22nd in order to complete staff review. CChairman Pro Tem Riley offered a motion to continue the items to the November 8th (Circulation Element) and November 22nd (King) meetings. Commissioner Taylor seconded and the motion carried unanimously. / Housing F, Community Development Act - Fourth Year Application Mr. Merrell reviewed the City's previous applications for funding through HCDA and the need for citizen input on this year's application. Any funds received from HCDA sources have been earmarked for the Los Rios Area, and Mr. Merrell reviewed the various improve- ments outlined in the staff report of October 25, 1977 for which the funds could be used. Chairman Pro Tem Riley opened the public hearing. There being no one wishing to give testimony, the public hearing was closed. Commissioner Taylor questioned the process used for reaching the funding level. Mr. Merrell explained that the funds are distributed to the County and each City competes for a portion of the monies. Because of the nature of the project, the people benefiting and the location of the project, Mr. Merrell felt that a certain "priority" had been given to the project by the County. Commissioner Taylor asked if a rough estimate of costs of the programs discussed in the staff report would be available for the Council hearing on the matter. Mr. Merrell stated that staff is working toward having the figures in time for Council. C Commissioner Hausdorfer questioned when the funds would actually be available. Mr. Merrell stated that funds received for first, second, and third year funding are presently available and fourth and fifth year funds would be used to finish up the incompleted projects. Planning Commission Minutes HCDA - Fourth Year Application - continued -3- October 25, 1977 Commissioner Taylor offered a motion to forward the item to Council with a recommenda- tion that the City apply for fourth year funding to implemQnt qualifying projects of the Los Rios Precise Plan. Commissioner Hausdorfer seconded and the motion carried unanimously. The Commission requested that the information provided in the staff report be distri- buted to all affected property owners and residents of Los Rios. To Mr. Merrell's question, the Commission indicated that priority should be given to the sewer, drainage and utility improvements of the northern section of the Los Rios Area. Tentative Tract 9034 $ Composite Development Plans _QVilshire Diversified) Mr. Merrell reviewed the tentative map location and background. He noted that the original tentative map had been approved in 1975, but time had elapsed for filing of the final map. He also discussed the proposed temporary and permanent recreational vehicle facilities and a proposed condition of approval relating to these facilities. Chairman Pro Tem Riley opened the public hearing. There being no one wishing to give testimony, the public hearing was closed. Commissioner Taylor questioned City requirements and policies relating to recreational vehicle parking areas and their proximity to the corresponding development. Mr. Merrell stated that although each case is reviewed on an individual basis, the recreational vehicle parking areas are generally expected to be on the same site as the development. Commissioner Hausdorfer offered a motion to forward Tentative Tract 9034 to the City Council with a recommendation of approval, based upon the findings and subject to the conditions outlined in the staff report dated October 2S, 1977. Commissioner Taylor seconded and the motion carried unanimously. NEW BUSINESS Extension of Time - CUP 77-3 (Jones) Mr. Merrell reviewed the history of the sand and gravel extraction operation. He also discussed the concern of the Environmental Review Board that the project not become a permanent operation. The ERB had recommended that an extension be given for the extraction operation, but that sorting of the material and stockpiling not be permitted on the site. Mr. Simone Chapke, representing the applicant, addressed the Commission. Mr. Chapke stated that no stockpiling would be done on-site, and sorting would be completed only on a day-to-day basis. Chairman Pro Tem Riley felt that the intent of the original conditional use permit approval was to allow the lowering of the flood channel and not to permit a sand and gravel operation. He felt that extraction could be accomplished without sorting on-site. 5 G 7 8 9 10 11 12 13 14 15 iG 17 18 19 20 21 22. 23 2-1 25 2G 27 29 0 0 V • COOPERATION ACSKENE:IT THIS AGREEKENT entered into this day of by and between the County of Orange, hereafter "COUNTY" and the City of ISan Juan Capistrano , hereafter "CITY". WHEREAS, Title I of the Housing and Community DevelopmentAtt:of 1974 and -77 here- after "ACT", makes available to cities under'50,000 population and the unincorpor— ated area'of the County of Orange certain sums to be used for a broad range of housin and community development activities; and 1.1HEREAS, said -ACT authorizes such cities to enter into cooperation agreements with COUNTY for the purpose of undertaking or assisting in the undertaking of essent} i cocnunity development and housing assistance activities; I !1014, THEREFORE, the parties agree as follows: A. This Agreement shall constitute a cooperation agreement between the partic 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 hon:•ing assistance activities, especially urban renewal and publicly assisted housin; 2. COUNTY shall be responsible for the preparation, adoption, and submission of an Urban County Application to the Department of Housing and Urban Development, I hereinafter "HUD". In the preparation of said application, COUNTY shall give due consideration to CITY's analysis of community development needs and proposed activit, 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 lal regulations and policies applicable to said grant. 4. 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. 5. The activities to be undetaken during the tern of this AZree_ent will be chosen by CITY from the following listing. 3(II a. Acquisition of Real property b. 'Public F--ei'.it'.es. Si! -c f-prnveno:+ts u II i I . ;1 11 e. Code Enforcement d.,- Clearance, Demolition, Rehabilitation 3 e. Rehabilitation loans and Crants 4 f. Special Projects for Elderly and 11andicapped 5 g. Payments for Loss of Rental income G h. Disposition of Real Property 9 1. Provision of Public Services 8 J. Payment of Non -Federal Shares 9 k. Completion of Urban Renewal Projects ifl 1. Relocation Payments and Assistance �1. m. Planning and Management Development L2 n. Administrative -3 0. Continuation of Model Cities Activities 14 6. CITY shall be responsible for carrying out all approved projects located •5 in CfT'Y, including all necessary record keeping: G 7. The term of this Cooperation Agreement shall be for one year commencing With 7 the approval by HUD of COUNTY's application. $ A. (a) CITY shall indemnify, hold harmless and defend COUNTY, its officers, agents and employees against all liability, claims, losses, demands and actions for '0 injury to or death of persons or damage to property arising out of or alleged to arise !1 out or in consequence of this Agreement, provided such liability, claims, demands, losses or al.tions are claimed to be due to the acts or omissions of CITY, its officers agents or employees in the performance of this Agreement, inrludinp, any activities conducted by CITY. (b) In addition, City shall indemnify and hold hnrnluss COUNTY against any '.G liability, claims, losses, demands, and actions incurred by COUNTY as a result of a determination by HND that activities undertaken by CITY failed to comply With any laws regulations, or policies applicable thereto or that any funds forwarded to CITY under 19 this Agreement Were improperly Impended. (c) The provisions of paragraphs 1, 3, 4, 5, 6, and 7 of Section 2770 of S1 the California Civil Code, as said section exists on the effective date of this Agree - went, -shall be applicable to the above indemnification provisions. Transmittal to -2- • 1 11 3I 4 5 6 7 8 9 t0 11 i2 13 14 15 16 17 18 19 20 21 22 23 24 25 2G 27 28 29 30 31 32 4 District of any pleadings served shall be deemed to be a request to defend. 9. COUNTY shall have the right to audit CITY's records to determine complian with this Agreement. I� 1,1IT:�!ESS VHEREOF the parties have executed this•Agreenent the date last executed below. DATED: 1,2 — — 7,7 DATED: November 16, 1977 P.P..'.C' I.S.TO,,0*A COUNTY OF ORANGE . BY Chairman, Board of Supervisors CITY OF SAN JIjAN CAPTSTRATT(1 BY YVON O. HECKSCHER, MAYOR ATTEST: CITY ' CLERjC APPROVED AS rTQO FORM: CITY ATTORNEY -3 • • 1 2 ir (I�' �� 3 RESOLUTION OF THE BOARD OFagUPER�ISORS OF 4 ORANGE COUNTY, CALIFORNIA, 5 December 6, 1977 6 On motion of Supervisor Schmit, duly seconded and carried, the, 7 following Resolution was adopted: 8 BE IT RESOLVED that the Housing and Community Development 9 Cooperation Agreements between the County of Orange and the cities listed 10 below are hereby approved, the Chairman is authorized to execute same and 11 the Clerk of this Board is directed'to attest thereto. 12 Cities 13 14 In 19 20 21 AYES: 22 NOES: 23 ABSENT: 24 C 25 26 N N 0 27 LL 28 Brea Cypress Fountain Valley Irvine Laguna Beach La Habra La Palma Los Alamitos Placentia San Juan Capistrano Seal Beach Stanton Tustin Yorba Linda SUPERVISORS LAURENCE J. SCHMIT, PHILIP L. ANTHONY, RALPH A. DIEDRICH, RALPH B. CLARK, AND THOMAS F. RILEY SUPERVISORS NONE SUPERVISORS NONE IM:hp Resolution No. 77-1875 Cooperation Agreements - Housing and Community Development Program - Various cities 1. 1 STATE OF CALIFORNIA ) ss 2 COUNTY OF ORANGE ) 3 I, JUNE ALEXANDER, Clerk of the Board of Supervisors of Orange 4 County, California, hereby certify that the above and foregoing Resolution 5 was duly and regularly adopted by the said Board at a regular meeting 6 thereof held on the 6th day of December 19 77 , and passed 7 by a unanimous vote of said Board. 8 IN WITNESS WHEREOF, I have hereunto set my hand and seal this 9 6th day of December 19 77 10 N Cn f. JUNE .ALP ANDER 12 C1e,Pk q,� the Board of :Supervisors of� O� nge'' CoI t priifornia 13- Z O=„ 3 15 �o WOu 4.W 16 0Fif O14 c 'O o 17 u 18 19 20 21 22 23 24 25 26 27 N 28 0 LL 2. f AGENDA ITEM December 7, 1977 TO: James S. Mocalis, City Manager FROM: Thomas G. Merrell, Director of Community Planning and Development SUBJECT: Housing and Community Development Act Fourth Year Program (Los Rios Area) SITUATION: Following City Council policy to participate in the Urban County Grant Program with the County of Orange, staff has prepared the necessary materials for the fourth year grant application. The materials required for the fourth year application include: (1) Assurance Agreement; (2) Cooperation Agreement; (3) Housing Assistance Plan; and (4) City Council resolution which includes a list of projects requested for fourth year funding. The Assurance and Cooperation Agreements were previously reviewed and approved by the City Council at their meeting of November 16th. Staff has prepared a draft Housing Assistance Plan. The HAP identifies community needs as related to low and moderate income families. The specific goals as related to the City are included as Exhibit C. The proposed allocation represents approxi- mately 0.017% of the current housing supply. Of the 116 units identified for low and moderate income families, approximately 87% would be targeted for Section 8, lease housing administered by the Orange County Housing Authority. The remaining 13% would be incorporated into the proposed housing rehabilitation program for the Los Rios Area. In the past, the City has made application for funding levels under first, second, and third year which were retained in a reserve fund for future expenditure in the Los Rios Area. Upon completion of the Los Rios Precise Plan study, staff has pre- pared a more detailed project application and funding request. The proposed projects have been limited to a public improvement and a fix -up grant program. These projects were identified during the public hearing process by the area residents and property owners as areas which should be addressed in any implementation program. The following is a list of these projects and recommended funding requirements as estimated by the Engineering Department. The estimates are preliminary in nature and may be revised upon completion of detailed design studies. 1. Public Improvements a. Design and construct a drainage system for the project area in order to relieve current flooding problems on Los Rios, Ramos, and Mission Streets. $226,000 b. Design and construct a sanitary sewer system to service all resi- dential units within the project area. $107,000 C. Design and construct street improvements for Ramos, Los Rios, and Mission Streets without altering the rural character of the neighbor- hood. $291,000 .D3 0 Agenda Item - HCDA 4th Year Program Ira December 7, 1977 2. Housing Rehabilitation a. Establishment of a "fix -up" grant program which would allow existing residents to make minor repairs and improvements to the current housing stock. As noted in the Housing Assistance Plan (Exhibit C), major emphasis has been placed upon the rehabilitation of the existing housing in order to prevent possible dislocation of existing low and moderate income families. $25,000 The preceding projects have been recommended for two specific reasons: (1) The major concern of area residents was the lack of public improvements; and (2) The projects represent common elements which will be required to be implemented for any of the land use patterns which may be adopted as part of the Los Rios Precise Plan. Therefore, the approval of the proposed program will not commit the City Council to any specific element of the precise plan prior to its adoption. Staff is currently preparing the precise plan for Planning Commission consideration at its December 13th meeting. FINANCIAL CONSIDERATIONS: In order to implement the four projects previously identified, a funding request of $649,000 has been prepared as part of the fourth year application. If a proposed project is not funded under the fourth year application, the City will not be committed to its funding. The project may be resubmitted at a later date either as an amend- ment to the application or inclusion in the fifth year application. ALTERNATE ACTIONS: 1. Hold the public hearing and determine that the City will not participate in the Housing and Community Development Act Program. 2. Hold the public hearing. By resolution, approve the Assurance and Cooperation Agreements, the Housing Assistance Plan, and request for participation in the Urban County Grant Application for fourth year funding of $649,000. 3. Hold the public hearing. Recommend different amounts and/or projects. RECOMMENDATION: By resolution, approve the fourth year grant application which includes the Assurance and Cooperation Agreements, Housing Assistance Plan, and funding request for specific project implementation (see attached resolution). Respectfully submitted, Thomas G. Merrell TGM:TT:ch Attachments 62, • • City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day of December , 1977. (SEAL) RY ANN HANOVER, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ea. 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. 76-12-16-10 and on the 9th day of December 1977 she caused to be posted: RESOLUTION NO. 77-12-7-3 being: HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOP- MENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE in three (3) public places in the City of San Juan Capistrano, to wit: The Administration Building; The Post Office; The Orange County Public Library. CHECK LIST 77-1b %-3 ORD. NO............ RFS. NO............ ..........'�5 Mayor has signed Clerk has signed ............. City Sed stamped . .............. AU blank, typed in "Absent" ....... ................_. "Noss- .......... - Nos,"---.---.- -os ed in Official Record Book .............. Posted s Classified Card xsq, ............. Copies sent to..Rx.Sf.:t31i.�.�:.. �.3..:......... 4,7 .............. Legal Publication ordered to be published (date).............................................................. No. Affidavits ...................... No. Printed co ua .._...........'......... p� required Remark, xau�........._............ R,ClC M HANOVER, CltClezA)' San Juan Capistrano, Ca ifornia -2- 61 RESOLUTION NO. 77-12-7-3 i HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM F r 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 Piling of an application with the County of Orange for a grant authorized under the Housing and Community Development Act of 1977; and, ' WHEREAS, the Housing and Community Development Act of - 1977_authorizes cities under 50,000 population to enter into cooperation agreements with the County in which they are located for the purpose of undertaking essential community development - activities; and, WHEREAS, the federal government requires participating cities to provide a statement of assurances that the funds will be obtained and utilized pursuant to federal law and policy; and WHEREAS, it is necessary that the City adopt a Housing Assistance Plan before filing an application with the County of - Orange for funding authorized under the Housing and Community Development Act of 1977. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby approve and adopt a cooperation agreement with the County of Orange (Exhibit A), a statement of assurances (Exhibit B), and a Housing Assistance Plan (Exhibit C) in order to obtain funding for the projects included in the City's grant proposal (Exhibit D). PASSED, APPROVED AND ADOPTED this 7�Lh day of December, 1977, by the following vote, to wit: AYES: Councilmen Sweeney, McDowell, Friess, Nash and Mayor Heckscher NOES: None ABSENT: None - YVON O. HECKSCHER, MAYOR . ATTEST: z. CITY CITY CLERIC STATE OF CALIFORNIA ) COUNTY OF ORANGE 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. 77-12-7-3, adopted by the -1- PROOF OF PUBLICATION (2013,b 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 clerk of the printer of the San Clemente Sun -Post a newspaper of general circulation printed and 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, 1860, Case Number A9140; that th"tice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has beta published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:...._Xpx 05 .... all in the year 19." I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this day of . KOV Signature SAX CLEMENTE PUBLISHING CORP. 1542 North El Camino Real - P.O. Box 367 San Clemente, Calif. 92672 - Phone 714-192-5121 This space is for the Coanty Cisrk'a ming Stamp k Proof of Publication of m NOTICE OF TRANSMITTJS- LEGAL PUBLICATIONS TO: Daily Sun -Post Pat Manning, Legal FOR PUBLICATION ON: FRIDAY, NOVEMBER 25, 1977 DOCUMENT(S) TO BE PUBLISHED: NOTICE OF PUBLIC HEARING - Housing and Community Development Act - 4th Year Program PROOF OF PUBLICATION: Please send to: AUTHO DATE: Office of the City Clerk City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Date sent to paper Date proofed Date published Date affidavit received Cost NOTICE OF PUBLIC 0 HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held by the City Council of San Juan Capistrano on the 7th day of December, 1977 , at 7:00 P.M. in the City Council Chamber, 32400 Paseo Adelanto, relative to the following: Housing and Community Development Act - 4th Year Program City application to receive fourth year funding under the County Housing and Community Development Grant Application. Public comments will be received on projects to be considered as part of the implementation phase of the Los Rios Precise Plan. The designated area for expenditure of funds is that area commonly known as Los Rios/Little Hollywood. This 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. 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 project will have a significant impact on the environment. An environmental impact report has been prepared. Notice is further given, that at said time and place, all interested persons are invited to attend said Public Hearing and be heard in favor of, or in opposition to, said Grant Application , either orally or by written communication to the City Council. For further particulars, all interested persons are invited to call at the Office of the City Clerk where information regarding this matter is on file and available for public inspection. Dated: November 21, 1977 ITY CLERK OFFICE ONLY: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING AND PUBLICATION 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 on November 23, 1977 she caused the above Notice to be Posted in three (3) public p aces in t e City of San Juan Capistrano, to wit: The Administration Building; The Post Ofsice; The Orange County Public Library; And, that on November 25, 1977 the above Notice was published in the Daily Sun -Post newspaper. I.MHY ANN N UVEK, Uity UlerK City of On Juan Capistrano, California STAN R f NVNr68�!! 17 November 21, 1977 Mr. Gary Dicenzo Housing and Community Development Environmental Management Agency P. O. Box 4048 Santa Ana, California 92701 92675 Re: Cooperation and Assurances Agreement Dear Mr. Dicenzo: Enclosed are two fully -executed copies of the Cooperation and Assurances Agreement between the City of San Juan Capistrano and the County of Orange. The City Council approved the Agreement on November 16, 1977. Upon approval by the Board of Supervisors, please return one fully -executed copy of the Agreement to this office. Very truly yours, (MRS) WY ANN HANOVER, City Clerk MAH/cd Enclosures cc: Director of Community Planning and Development C� r SAN '� �M6NIfll I�'11�/ December.9, 1977 Mr. Richard Munsell Orange County EMA 811 N. Broadway Santa Ana, California 92701 Re: HCDA Fourth Year Application Dear Mr. Munsell: 92675 Enclosed is a completed application as'approved by the City Council at their meeting of December 7, 1977. At the request of your staff, a draft application has been previously submitted for your review and incorporation into the draft Urban County Grant Application. You should note that the approved application has been modified to reflect the funding levels submitted in your draft report. The projects for which funding is requested will require the expenditure of first, second and third year funds for a portion of the funds. It is anticipated that the City will make an additional request of $206,000 from the grant contingency fund early in 1978. If you have any questions regarding information contained in the application, please contact me at your earliest convenience. Cordially, Thomas G. Merrell Director of Community Planning & Development TGM: TT: ky Enclosure i 32400 PASEO ADELANTO SAN JUAN CAPISTR ANO. CALIFORNIA 92675 'PHONE 493.7171 September 11, 1978 Ms. Dolores Ervin Housing and Community Development Environmental Management Agency 211 West Santa Ana Boulevard Santa Ana, California 92701 Re: Housing Rehabilitation and Public Improvement Contracts - Los Rios Area Dear Ms. Ervin: The City Council of the City of San Juan Capistrano approved the 4th Year Housing and Community Development Act Resolution and Contracts at their meeting of September 6, 1978, and the following documents are enclosed: 1. Certified copy of Resolution No. 78-9-6-3, requesting joint participation in the County of Orange Home Improvement Program; 2. original and one fully -executed copy of the Housing and Community Development Contract for Housing Rehabilitation in the Los Rios Area; 3. Original and one fully -executed copy of the Housing and Community Development Contract for Public Improvements in the Los Rios Area. Upon approval by the Board of Supervisors, please return one fully -executed copy of each Contract to this office. Very truly yours, (MRS) MARY ANN HANOVER, City Clerk MAH/cd Enclosures CC. Director of Community Planning and Development STA'I'D: OF CALIFORNIA COU:Ci} OF OUA'IGP CITY OF SAN JUkN CAPISTRANO I, MARY ANN IIANOVER, City Cle)*L of the City of San Juan Capistrano, California, DO HIR P.Y C-1,'A'IIY eliat the attached is a true nud correct copy of Resolution No. 78-9_6-3 1 ado•,tecl by the City Council of the City of San Juan Capi:-Lrano, California, at a regular meeting thereof held on the 6th _ day of September 19 78. `iSAitY?i IA;OJiJ Ci -Ly San Juan Capistrano, California September 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 PHONE 4931171 September 14, 1978 Ms. Dolores Ervin Housing and Community Development Environmental Management Agency 211 West Santa Ana Boulevard Santa Ana, California 92701 Re: Housina Rehabilita Dear Ms. Ervin: 6092 Enclosed are the original and two copies of the Housing and Community Development Contract for the Housing Rehabilitation Loan Program in the Los Rios Area. The Contract was authorized by the City Council on September 6, 1978, by Resolution No. 78-9-6-3. Upon approval by the Board of Supervisors, please return one -fully executed copy of the Contract to this office. Very truly yours, /moi ,`_„ t__T '' '/J✓�.'l L��-_._.. (MRS) MARY ANN HANOVER, City Clerk MAH/cd Enclosures cc: Director of Community Planning and Development 0 STATE OF CALIFORNIA ) � t COUNTY OF OI.ANGE � 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. 78-9-6-3 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular mecting thereof held on the 6th day of Sp; temher 1978 (SEAL) San Juan,Capistrano, California DATED: This 14th day of September , 1978 RESOLUTION NO. 78-9-6-5• HOUSING AND COMMUNITY DEVELOPMENT ACT (HCDA) HOUSING REIIABILITATIOU PICOGRAM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING JOINT PARTICIPATION IN THE HOUSING IMPROVEMENT PROGRAM BEING ADMINISTERED BY THE COUNTY OF ORANGE AS PART OF THE HOUSING AND COMMUNITY DEVELOPMENT URBAN GRANT PROGRAM WHEREAS, the City Council at its regular meeting of December 4, 1977, held a public hearing to receive testimony on a proposed housing rehabilitation loan program included as part of the City's fourth year grant application submitted as part of the Urban County Grant; and, WiiEREAS, said rehabilitation program was included and made a part of the Urban County Grant application which was submitted to the United States Department of Housing and Urban Development for funding under the Housing and Community Development Act; and, WHEREAS, the United States Department of Housing and Urban Development has reviewed and approved said grant application and has funded the City's proposed Housing Rehabilitation Loan Program for $25,000.00; and, WHEREAS, the County of Orange has prepared, submitted, and received approval for the establishment 6f -a Housing Improvement Program and has entered into an agreement to. administer said program with Security Pacific Bank; and; WHEREAS, said Housing Improvement Program contains a housing rehabilitation loan program similar to that proposed by the City of San Juan Capistrano; and, WHEREAS, the City of San Juan Capistrano has inquired into the possibility to coordinate its program with the County of Orange. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, California, does hereby request participation in the County of Orange Home Improvement Program specifically as it relates to the Housing Rehabilitation Loan Program. BE IT, FURTHER RESOLVED, that the Mayor is hereby authorized to execute the necessary agreements with Security Pacific Bank and the County of Orange for the administration of said program. Said agreements shall not exceed one (1) year and may at the discretion of the City Council be renewed in maximum one (1) year increments. PASSED, APPROVED AND ADOPTED this 6th day of September , 1978 , by the following vote, to wit: AYES: Councilmen 11ausdorfer, Schwartre, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None A'T �'ST: i I'I'1 Cid Ih. - _ -- - -1- I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 III 25 26 27 28 • COUNTY OF ORANGE • ENVIRONMC NTAL MA?'AGF:"f:,,:T. AGENCY HOUSING AND COPL^lUNITY DEVELOPMENT CONTRACT TITLE OF PROJECT: MEMORANDUM OF CONTRACT entered into this 1978. BY AND BETWEEN and Agreement No. C26092 day of September, CITY OF SAN JUAN CAPISTRANO a municipal cor- poration, 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 6 1977, hereinafter referred to as COUNTY. WI T PIE S SETH WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement, dated December 6, 1977 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(s) hereinafter described, and WHEREAS, the COUNTY has entered into separate agreement dated July 11, 1978 with the U. S. Department of Housing and Urban Development (hereinafter designated as HUD) to fund said project(s) under the Housing and Community Development Act of 1974 and 1977. WHEREAS, the COUNTY has established a Housing Improvement Program and has entered into an agreement to administer said program with Security Pacific National Banl.. td EREAS, CITY has requested COUNTY to implement the CITY's Housing Com- munity Development Project entitled flouring Rehabilitation and funded from Block Grant Funris for Twel-,ty Five Thousand Dollars and no/100 ($25,000.00) NOW, THF.R?PORF, IT IS ^1IITCA,[LY AC>iFF.D AS FOLIOVS: -I- 1 1. COUNTY will implement and administer the Housing Rehabilitation Project 2 described herein as a project to provide low interest loans and deferred payment loans 3 for home improvement in the San Juan Capistrano service area (see attached nap, Exhi- 4 bit "A") in accordance with the COUNTY's Home Improvement Program approved by the Board 5 of Supervisors July 18, 1978. The project is to primarily benefit low and moderate 6 income families. 7 2. The project cost will not exceed Twenty Five Thousand Dollars and no/100 8 ($25,000.00). 9 3. This agreement shall be come effective on October 1, 1978 and shall re - 10 main in effect for at least one year. This agreement shall be automatically extended 11 for one year increments unless either party serves notice to terminate. 12 4. The CITY agrees to provide appropriate office space to the COUNTY in - 13 cluding a desk and a telephone. 14 5. Neither COUNTY nor any officer or employee thereof shall be responsible 15 for any damage or liability occurring by reason of any action or omission of CITY 16 under or in connection with any work, authority or jurisdiction delegated to CITY 17 under this contract. It is also understood and agreed that, pursuant to Government 18 Code Section 895.4, CITY shall fully indemnify, defend and hold COUNTY harmless 19 from any liability imposed for injury (as defined.by Government Code Section 20 810.8) occurring by reason of any action or omission of CITY under or in connection 21 with any work, authority or jurisdiction delegated to CITY under this contract. 22 6. Neither CITY nor any officer or employee thereof shall be responsible 23 for any damage or liability occurring by reason of any action or omission of 24 COUNTY under or in connection with .,riy work, authority or jurisdiction not 2a delegated to C[TY under this agreement. It is also understood and agreed that, 26 pursuant to Government Code Section 895.4 COUNTY shall fully indemnify, defend 27 and hold CITY harmless from any Liability imposed for injury (as defined by 28 1 Government Code Section 870.8), occurring by reason of any action or omission I 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 0 of COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement. IN WITNESS THEREOF, CITY has caused this contract 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: September 6, 1978 ATTEST: City Clerk Dated: ATTEST: JUNE ALEXANDER Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, County Counsel ORANGE COUNTY,, CALIFORNIA,P1M l By� C�fA d -i . awc� % g H/CD MM:vl740a(1) -3- CITY OF SAN JUAN CAPISTRANO By Mayor APPROVED AS TO FORM: CJAMES S. OKAZAKI, !ySTY ATTORNEY COUNTY OF ORANGE, a political subdivision of the State of California By Chairman of the Board of Supervisors COUNTY Service Area Statistics Percent L/M Income 66 Percent L/H Income and Latino 11 Percent L/N Income and Elderly 13 Total Population 503 Total Households 184 Percent homeowners 58 Percent hrnCers 42 housingiCornmunf!y p�•�r;k,t�nent t. SAN JUAN CAIPISTRAK10 �—----------------- Exhibit "A" Exhibit"A" SAN JUAN CAIPISTRAK10 �—----------------- Exhibit "A" Exhibit"A" �► i 32400 PASEO ADELANTU SAN JUAN CAPISTRANO, CALIFORNIA 92675 PHONE 493.1171 November 2, 1978 Ms. Dolores Ervin Housing and Community Development Environmental Management Agency 211 West Santa Ana Boulevard Santa Ana, California 92701 Re: Housing Rehabilitation and Public Improvement Contracts - Los Rios Area Dear Ms. Ervin: The City Council of the City of San Juan Capistrano, at their meeting of October 18, 1978, approved the 4th Year Housing and Community Development Act Contracts for Housing Rehabilitation in the Los Rios Area, and Implementation of the Los Rios Plan. Both Contracts were approved with a revision to Section 8. Enclosed are the original and one copy of each of the above mentioned Contracts. Upon approval by the Board of Supervisors, please return one fully -executed copy of each Contract to this office. Very truly yours, (MRS) MARY ANN HANOVER City Clerk MAH/cd Enclosures cc: Director of Community Planning and Development Hand Delivered by Tom Tomlinson, Department of Community Planning and Development .; Agreement No. C2556 C257600 COI;NTY OF ORANGE C25940 P.NVIRON,ME'NTAL 11ANAiEME'NT ACANCY C2609i DOUSING AND COMMUNITY IflSV!:LOI'MF,NT CONTRACT Ljq" ";:Qa ._i 1 TITLE OF PROJECT: Implementation of the I.os Rios Plan 2 MEMORANDUM OF CONTRACT entered into thisy`-4, day of NI�F'/Z_ , 3 191V 4 BY AND BETWEEN 5 CITY OF SAN JUAN CAPISTRANO a municipal cor- poration, hereinafter referred to as CITY, 6 ' 7 and $ COUNTY OF ORANGE, a political subdivision of the State of California and recognized Urban 9 County under the Federal Housing and Community Development Act of 1974 S 1977, hereinafter 10 referred to as COUNTY. 11 W I T N E S S E T H 12 W{D::REAS, COUNTY and CITY previously entered into Cooperation Agreements, 13 dated January 21, 1975; January 27, 1976; January 4, 1977 and December 6, 1977 in 14 Which both parties agreed to cooperate in the undertaking, or assist in the under - 15 I taking, of community development and housing assistance activities, and 16 WHiiREAs, the. CITY has submitted to the COUNTY an application for funding 17 , of a project(s) hereinafter described, and is RIERFAS, the COUNTY has entered into separate agreements dated July 15, 1975; 19 July 20, 1976; July 26, 1977 and July 11, 1978 with the U. S. Department of Housing 20 and Urban Development (hereinafter designated as HUD) to fund said project(s) 21 under the. Housing and Community Development Act of 1974 and 1977. 22 NOW, TPEPWORI:, IT IS AGREED by and between the parties that the following 23 provisinns as well as all applicahle Federal, State and County laws and regulations 24 including the attached SPECIAL P7"VISFONS, identified as Exhibit "4", are part of 25 this contract. 26 1. For the PiRPOSKS U= !HIS COnTRAC7: the following definitions shall 27 apply: 28 a. k'ruj=:c.t T1�e party responsible for, bur whose responsibility -I- 1 is not limited to the following: Contracting, nonitoring and implementing the project. 2 b. Construction Rid Packape: A description of specific plans and 3 specifications for a construction project including applicable federal regulations. 4 C. Director: The Director of the County of Orange Environmental J Management Agency. 6 d. Reimbursable Basis: The procedure by which the COUNTY will reimburse 7 the CITY for expenses incurred related to subject project. 8 2. It is understood that the CITY is solely responsible for. implementation 9 of the project(s), described herein as: Public Improvements: The construction of 10 public works in general to meet community development needs, to include streets, 11 curbs, gutters, sidewail4cs, curb cuts, street lighting, water/sewer and drainage lines 12 in the service area. The principle streets to be improved are Mission and Ramos J3 Streets. See Map Exhibit "B", 14 1 3� This contract provides that thu CITY: 15 a. Shall submit to COUNTY a complete description of the project(s) I 16 proposed to be conducted by CITY hereunder, including detailed estimated costs 17 thereof. Said projects) description and any amendments thereto shall be submitted 18 to and approved by the COUNTY, prior to commencement by CITY of such projects. COUNTY 19 shall not be liable for any costs which exceed said estimated project(s) costs, 20 b. Agrees CO ACL as Project Managcr for said project(s) and to submit I 21 any and all contracts funded through this a;rcement to COUNTY for review prior to 22 award of such contracts by CITY. 23 C. Agrees and ac4:nowledges responsibility for the design of projects 24funded under this contract. All CTTY administrative costs associated with imple- 25 tation of this contract shall be horne by CITY. 26 d. Shall submit a construction bid package. to COUNTY for review 27� prior to advertising for construction bids relating; to contracts to be funded 281 through this contract or prior to award of such contracts if no bids are -2- I. 1 involved. CITY shall construct project in accordance with construction bid 2 package unless prior approval is received from COUNTY for deviation therefrom. 3 e. Agrees that all work shall be in accordance with CITY's governing 4 building and safety codes. 5 f. Shall maintain accounting records, official files, and other 6 evidence pertaining to costs incurred pursuant to all applicable HUD regulations, 7 and all of these shall be accessible for the purpose of making surveys, audits and $ examinations by duly authorized representatives of COUNTY or HUD. These records 9 shall be kept available at CITY'S office during the contract period and thereafter 10 for three (3) years from the date of final payment of HUD Community Development 11 Block Grant Funds. 12 g. Agrees that the project developed under this program must be re- 13� tained for Community Development purposes as defined by applicable HUD provisions 14 and at a level of operations and maintenance adequate to insure maximum utilization 13 of the project by .low and moderate income families. 16 h. Agrees that the Director, shall evaluate the CITY's- progress in 17 complying with the terms of this contract sir: months after the execution thereof, 18 and each six months thereafter. CITY shall cooperate fully in such evaluation. I The Director, shall report the finding; of each evaluation to the City Council of 201 CITY and the Orange Cou6ty Doard of Supervisors. If it is determined by the Board I 21 I of Supervisors that performance or progress on performance is unsatisfactory, the 22 Board of Supervisors may terminate the contract or withhold further funding on the 23 project pending resolution of the unsatisfactory conditions. In addition, the &I Board of Supervisors may require reimbursement of any funds that are determined by 25 such body to be improperly expended or not expended on the project in a timely manner. A i. Agrees that if it is subscquentl.y determined by COUNTY or HUD 27 i that said funds were not expended .in compliance with the federal laws and regu- 28 lar tons, CITY will refund to COUNTY such sums which were improperly expended. Pi no- 111 that said funds were not expended in compliance with the federal laws and reg - 21 ulations, CITY will refund to COUNTY such sums which were improperly expended. i 3f j. Will assume responsibility for the California Environmental 4 Quality Act requirements and will provide COUNTY with necessary information to ., - 5 comply with the National Environmental Policy Act. 6 4. Project Funding: 7 a. The estimated cost of these projects covered by this agreement is: $` Ninety -One Thousand Dollars and no/100 ($91,000.00). 9 b.. Rased on the above estimate, these projects will be financed as 10follows: Ninety -One Thousand Dollars and no/100 ($91,000.00) Block Grant Funds. I 11 ` C. Payment by the COUNTY to the CITY shall be on a reimbursable basis 12 III unless the CITY has been authorized and issued cash advances by COUNTY under this 13 agreement. I 141, d. Cash advances requested by the CITY under this agreement shall be 15 Imade by the COUNTY to the CITY if the following conditions are met: � 16 (1) The CITY has demonstrated to the Director through certifica- 17tion in a form prescribed by the Director and subsequently through performance, IS "its willingness and ability to establish procedures that will minimize the time II 19lielapsing between the transfer of funds to it and its disbursement of such funds. 20 (2) 'Ihe C1 -TY certifies to the Director, that the CITY's 21jlfinancial management system meets Che standards for fund control and accountability 22'Trescribed in Federal Management Circular 74-7. 11 20 (3) The CITY complies with the cash advance_ procedures as shall Ii'I 24'be required by the Financial Procedures of the Housing and Community Development q i 25 Division of Orange County Environmental Management Agency (hereinafter H/CU). 26'i I,i � If; subsequently, the CITY is found to be in non-compliance with the 27 bove, the CITY shall be paid only on the aforementioned reimbursable basis and, i 28 If necessary, agrees to reimburse the COU)P:Y for any monetary damages the COUNTY -4- 1 may incur for the CITY's non-compliance. 2 e. Kei.rbursable basis payments, as referred to in section 4.c.. above, 3 and/or cash advances described in 4.d. above, will be made in accordance with the 4 financial procedures as shall he required by H/CD. in the event of conflict 5 between said financial procedures and any applicable statutes, rules or regulations 6 of HUD, including Federal Management Circulars 74-4 and 74-7, the latter shall 7 prevail. 8 5. Neither COUNTY nor any officer or employee thereof shall be respon- 0 sihle for any damage or liability occurring by reason of any action or omission 10 of CITY under or in connection with any work, authority or jurisdiction delegated 11 to CITY under this contract. It is also understood and agreed that, pursuant 12 to Covernment Code Section 895.4, CITY shall fully indemnify, defend and hold 13 COUNTY harmless from any liability imposed for injury (as defined by Covernment I 14 Code Section 810.3) occurring by reason of any action or omission of CITY under 15 or in connection with any work, authority or jurisdiction delegated to CITY 16 under this contract. << 6. Neithar CITY nor any officer or employee thereof shall be responsible I I 1$; for any damage or liahilit.y occurring by reason of any action or omission of i I 19, COUNTY under or in connection with any work, authority or jurisdiction not i 20 jl delegated to CITY unlet this ugrecnent. it is also understood and aZread that, 21�� pursuant to Coverr.Deut Codc Saetion 695.4 COUNTY shall fully indencify, defend 22 ad honld CITY harnles; from any liability inposed for injury (as defined by 23 ' Covernmcat Code Sectinn 1110.8), occurring by reason of any action or omission 24of COUNTY under or in connection with any work, authority or jurisdiction 25� not delegated by CITY under this agreement. 26 7. In the event of CITY's failure to comply with the provisions of this Contract, ntract, MATY may withhold funds and/or allocate funds to another 28�� activity considered by the COUN7Y to he in compliance with the Act. -5- li B. The parties recognize that the funds being made available under 2ii1 Chis contract shall not be used for the provision of cost of living, wage and 3I� salary increases as per Section 16280 of the California Government Code. It is 4 agreed that all funds provided to the CITY shall be used exclusively for con - 5 tractual capital improvement projects. It is further agreed that no funds I — 6 provided under this contract shall be used for the administration of this agree - 7 ment. All CITY administrative costs associated with this contract shall be borne 8 by CITY. If binding legal authority determines that the provision of funds 9 pursuant to this contract should in any way cause the COUNTY to become ineligible 10 for State funds, all funds provided hereby shall be immediately returned to 11i COUNTY, and this contract shall he deemed voided to the extent necessary to 1211 avoid such ineligibility. 14 15 1G 17 I 18 19 20 21 1 I 22 23 i 24 I I 25 26 �I 27 281 -6- 1 2 3 4 5 6 7 8 9 10 11 12 1.3 14 15 16 17 18 19 20 21 22 2 3 24 25 26 27 28 IN WITNESS THERSOF, CITY has caused this contract 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. CITY OF SIGN JUA14 CAPISTRANO Dated: October 13, 1_9711 Byo��_ KBNI11 TEi E. F IESS, I°MYOR A'CTk:ST: City Clerk ATTEST: j -- ----JUNG NL�F.X?,tiDER - ---�-- Clerk of the Hoard of Suoervino rs of Oran;o Countv, California APPROVED AS TO FOP'I: ADRI,IN KLJYPI:R, Count} Counsel ORANGE. COIINTY, C.A1.] J'0"Nie% MM:v1740a(1) -7- COUNTY OF (ORANGE, a political subdivision of the $tAe� of California Chairman of the Board of Supervisor COUNT APPROVI'D AS TO F'O",M: jyrx s S. Oi;azaGi, City 1lttorney I SPECIAL PROVISIONS 2 A. Section 37 Compliance With the Provision of Training Employment and 3 Business Opportunity 4 The CITY shall cause or require to be inserted in full in all contracts 5 and subcontracts for work financed in whole or part with federal financial assist- s ante provided under this Contract, the Section 3 clause set forth in 24 CFR 135.20(b). 7 The CITY will provide such copies of 24 CFR Part 135, as may be necessary for the 8 information of parties to contracts required to contain the said Section 3 clause. 9 Section 3 requires that to the greatest extent feasible, opportunities 10 for training and employment be given lower income residents of the project area and 11 contracts for work in connection with the project be awarded to business concerns 12 which are located in or owned in substantial part by persons residing in the area 13 of the project. 14 The parties to this contract will comply with the provisions of said 15 Section 3, and the regulations issued pursuant thereto by the Secretary of Housing 16 and Urban Development set forth in 24 CFR 135, and all applicable rules and orders 17 of the Department issued thereunder pridr to the execution of this contract. The 18 CITY shall take appropriate action pursuant to the subcontract upon a finding that 19 the subcontractor is in violation of regulations issued by the Secretary of Housing 20 and Urban Development, 24 CFR 135. The contractor will. not subcontract with any 21 subcontractor where it has notice or knowledge that the letter has been found in 22 violation of regulations under 24 CFR 135. Tt)c parties to this contract certify 23 and agree that they are under no contractual or other disability which would prevent 24 them from complying with these requirements. (Source: H/CD Funding Agreement) 25 B. Equal Employment Opportunity 26 In carrying out the program, the CITY shall not discriminate against 27 I any employee or applicant for employment because of race, color, religion, sex or 28 i Rvd 7-20-78 Exhibit "A" to COUNTY/CITY Contract Page I of 14 :f= Exhibit R.._._. �\v n ' r H E A Ok L� 4 SPRING( ST - 11� ,'QRE3« To, � ST Om WSW - I -...NN. __ — _.. _ - Locations oC Vr-owscA Ariiv_t:irs Ilcigttbarltnnd Uo• sin;• on �) 9 ot,�ir,9/Cottunuati;y ilcvcio;�:nent Ei'VI11p',v°:c=NTI:!- t'hI.RR - �"' � " Li SAN .1UM! CAP1_S_TitA;:O _.. - :u:�idcd by Mi;:;ion St _ on North, Trabuco Creek channel l: on tlx: cst, Al u,,—, o on -.I.- 50Uti1, and 1.0: !"ins St_ on i`he East. Locations oC Vr-owscA Ariiv_t:irs Ilcigttbarltnnd Uo• sin;• on �) 9 ot,�ir,9/Cottunuati;y ilcvcio;�:nent Ei'VI11p',v°:c=NTI:!- t'hI.RR - �"' � " Li KFm-E- i F[,,iESS, flwoR FC}ZREST !.''UNIIVIN, Ul-VURililN TFDRPE, VICE fl eiR f VEI ,';l VILLEC :S, VICE-Gt4IRP'4�.N GARY HAUSll0iFER ('1AR I A A?07li;F_ I)MLI P SWi';ARU AI SUO )TO t>RENCE 1LOUEII.1 SAES f,^RRID THE 'CLOS RIOS PRECISE PL "I" 111'AS AI�PTED BY THE SAN .h -JAN CAPISIPiM CITY COUNCIL i;,, PF13RUi;RY L'= 72 , ANI INIRECIAL EI L,SE :T OF .THE PLM IS THE DBTLO°i`cNT OF A Ii7,'.E 1,` PcOV JITNT PR65f:A L THE: mo-) `d'1 PROVIDES ?NTEEESTED PROrE3i i 0',; 7RS Mnt i: -_SID WS OF iIlc LOS RIGS AREA i'1ITH ;rE OPPOI;P_.';.'17 TO US`. LO•,' Ii�lILM:ST LOfs:S Ai0 CRARrfS FOR a �� �, -� •, �� n;,i �, r_fir T},�.a,C.,.��I i iCi -i}IE (' .--• ��: }31_OC•K G'Z.":I, Pt:C. P. :.. „, 1.1 ,_0 IS i0MIP1S l Ekl D ;;Y c i I .: OF 1A!'i !lIA d RAYi ,!U a)o PECFRRA SENIOR -'i'1 IN T}11S F .C?rJ';, T: ?E IMPROb i ,E:IT TO _ NSEI'v'✓;TICIi CE '(;i HISTC2C: I0! IMAGE OF THE RIOS IS PCSSIt_FI III ARE. L03rKING FG:;�ir"-?I,' TO, PCT I4r PARTICIPATION III THIS SINCERELY, �/�l I Itin`lEM FRIESS fl,mR 03/rui i' rC(,,REST T�.y,iVIN OS 1Z10S H V I EW W:I,IIT FEF 4= RAYi ,!U a)o PECFRRA SENIOR PLAP11`1ER J. 5. 6. Tom' i�1 �`.3N .Jlih Oftl:S'7 L"( Oi=_ TILD_L' OGF l3? THE CITY OF SAN A11N CAPISIMNO IN COLLAl`;V;TEON l'IITH THE LOS 1005 1'X'CVII:W G.;,',UTFE fi-WL ES(�Pd I_ISi1ED A i�01IE jt�.'ROVE[,1SgT fff:OGPJAti TO ASSIST' DESIRING PROP ERIY OY;;LRS 1-.':D RESIDENTS LIVING LN TliE LOS MOS fI.REA 10 PRESERVE AND I�IPFOVE THEIR Ii0r'iES. SHE Fil-THOD1 OF ASS I S T PNCE CUNS I STS OF CRAPITS A0 LC,,,' INTEREST LOAM., I'IITH THE' PURPOSE.OF 11%'PROVINlG THE INIERICR A.t-D EXTERIOR OF THE I ioNIE . RtaY 0'. :ER OCCU?AIJT CR 1-3SENTEE O�:i ER 0 A. RESIDENT1AL STRuz URE LO: ATED W 1 TI i I N THE LCIS MOS ARD A. NAY AP:)LY FC? A LOAN' OR GR ;.NT . A RENTER 1,'TJ LIVE -S 4(I hi'd THE Los MOS -AY ALSO APPLY FOR f r J."1)V -T, i:C ` -� 'rS r��r a Le CON p A G.� ^dT. F�: li�L:, T •� Pr,OFtf,tY O',:i'acR f.+ c G IS CONSENT. 1,1•.{, Cc(,�;i OF``, 1 ^F= r_..., �c r;=11 ,S i'p r-nc -I`�-�,'.,'pn•.fi THE SER'vm--S 4'.?I: a TIi= i Y FP,OVII;DS U:._, ., iii:S ARE: Lnr�;1 CGUt�SDL ,.0 IIs Fr S " I��•'. is ,�.,._ c„- . _„ I E pASSISTi;i CE I Ci;;: .` ^' T(IiiG FOR REP/,ii2 THE M,!DIN:G INSTITU- i'N DECIDES 'r,Iic!HER C2 tiOT YOU ARE ELIG15LF FORA LCAN AND T HL- 1 iY DE T ERMI i ' S IF YOU FOR A GRANT, YOU I'm 1',02RCYr1 up TO `5,0) TO IN°ROVE YOI;-t RESIp;:tgCE. YGU RECEIVE A C.WiT OFIP TO VD -1 FOR MINOR REPAIRS. �F YCYJ RECEI%Tt _V'.'d, YOU WILL W'VE QIP 10 1.0 YE/`RS TO PAY THE LOAEq OFF. GR=,N:T NEED i='G �” �c I•;"PAID. T I`Ii rLTTy=�F r' ,Iy;G�'i$_rt i L_l.!•�IF? THE Nmc—Y I°AY L_= iSw TO IKPROVE 1:Jll! -Fl!INSIDE AND TIIE OUTSIDE OF YCYJR I YJ?i_, I;! Cii !:=R TO PRE`,SEI;VE 1 HI= Si -10 IIIRE AND TO PIKE IT NPRE L I VAP.LE . p Los Mos o ,r- 11"JIM11t1 f iAl ORC l'ncF. 11 8, i'�f12T iS_Il1L1JI{Lf;cSI R2T�S]_I11��-5:�•�L� THE=RE ARE T1;0 INTEREST ROTES, .'r':/ ,"M tr�!;, Ti;E >V-% ruaE IS AVAIU�13I-L TO PENMNS Y'I DSE IIICG''FS DO NOT EXCEED Tiir FOLL0,11 IG LIMITS: I)L ILLof>f i NT TiiE PIX RAPE IS ."; A L TO AN!',/ PE`;S.N' P"-iOSE INCOf-c EXCEEDS THE Ll!•1ITS SW? ,,id A'_ ,VEI `Ili_Y l'L\l'_f•':Fi.;_'L� IF v ;, a"� FISH [ — "'F['!Y It., '.•l }'G^.25, Youl OU k',--.A�_i -Y i L , i "A l;F l,Pi'RCiAIP'.;�� ;i_'( P F01 �1lit+i: q, M) A.77 59.33 I F Y0:1 FT :''_' "'' FOR A �'° `; LOAN AN -D !ISH TO REPAY lid It) KiRS, YOUR tIONTHLY Pr C —.' T — —D BE A PROX11%; CELY AS FOLL0I;S: �r r , L"Iff} LYS Y'��F IU. 1 Fcp, FUiZTl'ER NIFC'�-,'ATION RFCjDl:;6 T'.'. f#ihiE lf-PROVEME1'F PROCRN.i, YOU tIRY BEC[RP,, !J lffF CIlY CR SAN .1LM (.rPISTrW,!D, I)I Y!` M-','1 IN f Gi= �u ;',U: d I IY {�LPd lil i too l�:D I)L ILLof>f i NT Ko%Ely FRIESs( ALCAI_DE JAMES I10RPE, VICE-n,LCM-DE �lAftY � J�l1Si?ORFFR ��HILI_IP 5(iHlfrlR'f7E J@rRENCE &-0 ;HE I1.1 fJ,1i1F_P11 r ___ r th, Rt - FO PEST 1''J:IEVIPt, PRESIDENTE [:%IELYt,-- VI LI V GAS, MICE-PRESIDENTE P1�ftln 6;a;�; ATSIJO ITO JAP'E.S I'`i'-d)ID EL 'PLA!y PRLCISU DEL PP�.A DE -0S RIOSII FUE A -T -X) 7J FO;: EL C0;lScJ0 MUNICIPAL DE IA CIUDAD DE S.S'1 JU.N''i GIPISTtRl',NO EN FE REI:0 DE Zi%a. LUA I'ME INTEGRAL DEL PL'd,0 ES LA FO?iIACION DE EL Pi.GGRA',1 PARE; EL F4FJORFJilE'; 0 DE Vi\'IE:;DA. EN EL AREA DE LOS RIGS, FL PROGPJkfh,l YA FO MULADO FACIE_ITA AYUI`A ECC;,a�TCA EN F0RP1A BE P=?ESi,%dA.-S I)L IPITERES MIN11 0 Y DG ;CLONES A PERS':N,'S OOE SON PROPIETI BIOS 0 Ii QUILLN S PsUE RADICAN EN EL AL:EA DE i(iS RiOS, • -? L A FL 1 Kt�ir tl`1, Ji ILIA f -i; u. P:: ; CRCIciI' rc G ;r q `4.. �•,,nJ, POR EL �� E.I�O FEDERAL r.-r�ilI t;:,)C'l Lt .-. ..�Ji\tl- /`I 'J\•.r•.I- T• r. )) 7tL^,�1� DCL Pi . 'vn'71 Y ES PAiIt;IS7P.l0D: FC4; L•,% CiUJ:'. SANT .UW -1 G}.°iSTv'-.`;0. PARTICIPACION I�11 ESfI Pro, 1,:.I\ Ci R 1-1 til,!i'-I\'AIIII:NTODE- lAi VIVIENDAS Y LA CUVSERW,,c C:i +'EL A,"Ol' lE HIS'MICO DEL AREA DF LOS Rios. FSPERA^i0S SIJ PARTI C i PrC I Ct; S I NCEf ,A"-1FN-TE, iC�.. i��EJINL-�lfl Ii2iES$ ' FU_CALDE- HB/m.Y, t f 1�UdIVIN /PAYtiUNM, BECERRA SEL PLiJI I FI CADCR al-iiTE I IDS MOS VIVIl=R4t f11 EL NI'..A J = UF; RIGS FL OBJECT IVO PRINCIPAL DEL PR(JGRA141 FS i)E ERINDAR ASISTENCIA CONO.'11CA A LOS PROPIETfRIOS E INQUILPI: S (<UE n::SIDEN EN EI_ IKEA DE Los J�IOS P�\?Ja f;E GR v2 Y nLS(7'J )"-_i StfS VlViE; nC:.S, I_ST0 TIEvE DCS PPOP0.5110S, U'i10 P/'d2P. DAR M° ,j7j? A SU W'+BITACIMI CR J\,r,)0 U::A CASA (WJE VER21^0ER,%`,ENIE RFS!JP-L`:'A LAS PlECESIDA7ES DEL IVOITPA!TE; Y DOS i,1RA i9f=JORAI2 Y CO,NSER`AR EL fti`%IENTE HISTORICO I>:I_ h"Lik Dc LOS LIOS, 2. TOL-OS LOS PROPIET BIOS DE VIVIENDAS U, 1 :,-AS DEI,71?0 DEL AREA t_ I..OS MOS PUEDEN PPRTICIP,,R FPI EL PROGRA,"A DE Y D:)?IACIOPIES, -IQDOS LOS II i IL_INOS, Rf_;;! DEN-; `--S DEL (`,',EA DE LES IOS, PUF:DEN PART1C1PAR EN EL PROSEY C;\ DC D, Y:; C i ; a.S S i t7 P::E Y CUAi ,0 I LN'Gr IN EL COidSE :i li iI EtfI O DEL PROP I EI i' I O , _ LOS SI (\ i!'l )S !_' CIIL;:",D OF,.=:CE n'._',. ?0 2�: Sc:: LOS SIGUIENIES. h Ii'J-CANTACIM . .. RlM!/-,', I(X-'i J�`' AE. �!,SLi I' E, \:.'. iS ��Vd=1Zl�iS DE "LCll>I O'IGfi '1•^: Toot WIZ TON F. ZA L1;S REPA YkCIC;iES SECUt':O:iRIAS # ASISI NCIA JJ:;:;i= LA IUMIPIC°;CICA DE h ,;0:-wU,iIU4TOS PPPLICAPLES ASISii_i;C_A S2RE Uk CO:IIONTRIOi D,7 TR J,_,a FSPECIALIZfOOS IJ/ �i111.�,L.r`_:.1x`I�_��:.-. � i�.� t'I•^ll �,�•i)�V.�i��11�::�57 FL BANCO, AL t E`T°s; LA SOLICITUD, DECIDE GUIEN CALIFICA PARA RECIBIR UI P«EST:VA), Y.LA CIUDAD DE ,jiffJ4 LAPIST.RANO, POR f E-010 IX --,L DEPARTr':-LNTO LE PLANIFIC;CION DETFR'iINA QUIEil PUCE RECIBIR DINFI;O EN O 'a E: DGJACIO'I, J �• LA PERMA MED_ 'RECIBIR CO}0 P'r'1i:iF0 ,0`}1,�1 FPI FORi'A DE PRESUP0 PPRA VE.10?r'R L^. '; I`v'icfi;):1, Y UN PAXIi"IJ CU --D D3NACION PARA MEJ0 A:-IIE,;CS Y REP?^I�4CIGNES NEt;i:;ES, 1. t r.l-XI T.-. SI USTED RECIB`= Uf' MESTht•tU is M., TO A�'OS PPR,", PACAR El_ DINERO; NO TEN, -,i % WE DEVOLVF.R EL DINE -i-0 SI LO RECIBE EN FOVA DE ri aV.il.0 I0;•I , , I'RCCfi/V V1 IX, i Itim l L(S lE VIVIl_IIJAS 1,11 EL Arzuk 1)= Los Rios % nili:_T11'0 D(_!1J( L1 DINERO SE PUEDE UTILIMl PARA !,-LJORlti2 LA ViVIFf:D4 FPI DOS FG; PAS� LA PR I t-IFRA SER I A MRD -LOS DE FS I E i I CJ , Y LA SEGU\DA SERIA !,KDIFICACIO°:LS POR RrkZQ<ES DE FSTO CLQ;RE ASPECTOS DEL EXTERIOR E IN ERIOR DL LA VlVTE'lDA. 8. i 1AI iJ PRGGR':'•°A OFRECE DOS CLASES DE INTERESES, EL PRIPERO FS DE ?1' Y FL SEGU:J'M DEEP, FL PR STA"O CO'1 Ui li;TE cS i jz SE LJ- OFRECL A TOD AS LAS P ERSO,lj�S GU:= SITS S,LA.';IOS ;,MALES NO EXCEDM CANTIDAPES ENU''ERAD,"kS i'•Jr'' 0: {i?rST :'CJS CCt,, iuSE Cr=REECEN I A PERSCNAS QNJIF EXC•. ,D4 LOS I NOI CG=S YA SI USTED CALIFICi: ?A i PRESTPTD CCN U.`i INTERES DEL a Y Ij-SEA PAGARLO Etv d;CS, SUS i'r';GOS SERB;;, PPRO Ii'. C�)S A I O SEa ADO AnAJO: 2,C) u 3, 0 b,0u0 i�CX /V)� I),- �2_JlaaV i : idTO DF VIVIEV'W LN LL �;� PE LOS PIOS -3- 10, Sl USID) CAI_IFICI\ IDN,A UiN PRESTA: U CON Loi IN EKES DEL R.:fl Y DESL=A PA,GARL_U [:N 1f) ;:,Os, SUS PF,GOS SFRIA': A°R^XIF'kDJ1;r fiE LOS stcuteNrr_s: - L•4CUJL)�11? ni:1-_IIzLST1'� ...... ............... ........ .... . . NIEIIE $1.C. 35 X2.70 91. (T) 4r--) 1 5;. . M:12 PARA i`AS IIJFC` h,CIO.'J RE "IMArU ALP 6C:w:=A, US1ED PUEDE MIUNICARSE CGS lvi`,i'liidli0 ECFn( ', EN EL ItPARTA'L'TO ;,- PujaP:lFICACION DE LA CIUDAT) Dc C'tiJ .iU4N &Pls,i<-`;0, AL TELEFONO I`Z-hyl 0 V10YIVE OF PUBLEC HAREMIt' NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO ON THE 25th DAY OF October , 1977, AT 7:00 P.M., IN THE CITY COUNCIL CHAMBERS, 32400 PASEO ADELANTO, SAN.JUAN CAPISTRANO, RELATIVE TO THE FOLLOWING: Housing and Community Development Act - 4th Year Program City application to receive fourth.year funding under the County Housing and'Community Development Grant Application. Public comments will be received on projects to be. considered as part of the implementation phase of the Los Rios Precise Plan. The designated area for expenditure of.funds is that area commonly known as Los Rios/Little Hollywood. This 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. This project has been reviewed and processed in accordance with the California Environ mental Quality Act. The City's Environmental Review Board has determined that the project will have a significant impact on the environment. An environmental impact report has been prepared. Notice is further given that at said time and place, interested persons are invited to attend said public hearing and be heard in favor of, or in opposition to said HCDA Application either orally or by written communication to the City Planning Commission. For further particulars, all interested persons are invited to call the office of the Secretary of the Planning Commission where information regarding this matter is on file, and is available for public inspection. DATED October 13, 1977 THOMAS G. MERREL , SECRETA PLANNING COD ISSION 400 PA980AO 61'AN TO'"' `. SAN J i VISTRANO CALIFQRNIA 92674 pI H6N E{49S•11� • i_.///"" • 111 September 7, 1977 Mr. Al Sneeberg Legal Aide Society 1932 west 17th Street Santa Ana, California 92706 Dear Mr. Sneeberg: Pursuant to your request of September 1, 1977, enclosed are the following: MAH/cd Enclosures 1. Copy of Growth Management ordinance No. 314. 2. Copy of City's application to the County for Title I Housing and Community Development Act (HCDA) funds with Housing Assistance Plan attached. 4 Very truly yours, (MRS) MAR ANN HANOVER City Clerk 0