1987-1208_ORANGE ,COUNTY OF_Cooperation Agreemente`
r it..
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COOPERATION AGREEMENT
1 THIS AGREEMENT is entered into this E day of 60C._
2 19g1.
3 BY AND BETWEEN
4 CITY OF SAN JUAN CAPISTRANO, a municipal
corporation, hereinafter referred to as CITY,
5
and
6
COUNTY OF ORANGE, a political subdivision of
7 the State of California and recognized Urban
County under the Federal Housing and Community
8 Development Act of 1974 (Public Law 93-383), as
amended, hereinafter referred to as COUNTY.
9
10 WHEREAS, Title I of the Housing and Community Development Act of 1974 (Public
11 Law 93-383), as amended, hereinafter referred to as ACT, makes available to the COUNTY
12 as an Urban County and cities under 50,000 population grants through the Community
13 Development Block Grant Program (hereinafter referred to as "CDBG") to be used for
14 eligible Housing and Community Development activities, and
15 WHEREAS, the ACT requires such cities and the COUNTY to enter into cooperation
16 agreements in order for the cities to be included as part of the Urban County CDBG
17 Program, and
18 WHEREAS the COUNTY and CITY desire to cooperate to undertake or assist in
19 undertaking, community renewal and lower income housing assistance activities,
20 specifically urban renewal and publicly assisted housing,
21 NOW, THEREFORE, the parties agree as follows:
22 1. This Agreement shall constitute a cooperation agreement between the parties
23 within the meaning of Section 102(a) (b) of the ACT. The parties agree to cooperate in
24 the undertaking, or assisting in undertaking, community renewal and lower income housing
25 assistance activities, specifically urban renewal and publicly assisted housing.
26 2. COUNTY shall have the authority to carry out activities which will be funded
27 from annual Community Development Block Grants for Fiscal Years 1988, 1989 and 1990
28 appropriations and from any program income generated from the expenditure of such funds.
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3. COUNTY shall have final responsibility for selecting activities and annually
filing the grant application (i.e., Final Statement of Community Development Objectives
and Projected Use of Funds) with the Federal Department of Housing and Urban
Development, hereinafter referred to as "HUD." In the preparation of said application,
COUNTY shall give due consideration to CITY's analysis of community development needs
and proposed activities.
4. Since HUD shall not accept an agreement including a provision for veto or
other restriction which would allow any party to obstruct implementation of the Housing
Assistance Plan, both COUNTY and CITY shall attempt to fulfill housing goals established
by the HUD approved Housing Assistance Plan for the period of this Agreement as
referenced in Section 7 and for additional time as may be required for the expenditure
of funds granted to the COUNTY.
5. Both COUNTY and CITY agree to take all actions necessary to assure compliance
with the Urban County's certification required by Section 104(b) of Title I of the
Housing Community Development Act of 1974, as amended, including Title VI of the Civil
Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of Title I
of the Housing and Community Development Act of 1974, as amended, and other applicable
civil rights laws. It is recognized among the parties that noncompliance thereto by the
CITY may also constitute noncompliance by the Urban County CDBG Program which may
provide cause for funding sanctions or other remedial actions by HUD.
6. In the 8vent COUNTY's Urban County application is approved by HUD, COUNTY
shall contract with the CITY to utilize any such grant funds received from HUD which are
attributable to activities administered by CITY, unless another form of allocation is
required by HUD.
7. This Agreement shall be for the three year program period covering the 14th,
15th and 16th years (Fiscal Years 1988, 1989 and 1990, respectively) Housing and
Community Development Block Grant applications. In no event shall this Agreement be
terminated by either party before the expiration of this three year period beginning
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1 July 1, 1988 and ending June 30, 1991, except through special federal enabling
2 legislation for termination or withdrawal from the Urban County and as permitted by HUD.
3 8. The eligible activities to be undertaken during the term of this Agreement
4'will be chosen by CITY from those authorized by HUD Rules and Regulations governing the
5 CDBG Program.
6 9. Both COUNTY and CITY agree to comply with the requirements of the Urban
7 County Community Development Block Grant Program, including laws, and policies
8 applicable to said Program.
9 10.a. CITY must inform the COUNTY (through periodic reports requested by staff of
10 COUNTY) of any income generated by the expenditure of CDBG funds received by the CITY;
11 and that per applicable federal requirements, such program income must be paid to the
12 COUNTY; and/or, the CITY may retain such program income only if that program income is
13 used exclusively for eligible activities, as determined and agreed upon by the COUNTY
14 and CITY, and in accordance with all CDBG requirements as may then apply; and,
15 b. CITY shall keep and maintain appropriate records on the use of any such
16 program income as may be required by staff of the COUNTY since the COUNTY has the
17 responsibility of monitoring and reporting program income to HUD.
18 C. In the event of close-out or change in status of the participating CITY, any
19 program income at that time or received subsequent to the close-out or change in status
20 shall be paid by CITY to the COUNTY within ninety days (90 days) thereafter.
21 ll.a. Any reat property acquired or improved in whole or in part by the CITY using
22 CDBG funds that may be subject to any proposed modification or change in use from that
23 planned at the time of acquisition or improvement, including disposition, must be
24 reported by CITY to the COUNTY and receive COUNTY concurrence thereto in advance of
25 implementing the modification or change in use.
26 b. Should the disposition, sale or transfer of such real property acquired or
27 improved in whole or in
p part using CDBG funds result in a use which does not qualify
28 under CDBG regulations, the COUNTY shall be reimbursed by CITY in an amount equal to the
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1 current fair market value (less any portion thereof attributable to expenditures of non -
2 CDBG funds).
3 C. Any program income generated from the disposition, transfer or sale of such
4 property prior to or subsequent to the close-out, change of status or termination of the
5 cooperation agreement between the COUNTY and CITY may be either used by CITY for other
6 specific eligible activities in the CITY or paid to the COUNTY for other eligible Urban
7 County activities, as determined in advance of the expenditure at the discretion of the
8 COUNTY.
9 12.a. CITY shall indemnify, hold harmless and defend COUNTY, its officers, agents
10 and employees against all liability, claims, losses, demands and actions for injury to
11 or death of persons or damage to property arising out of or alleged to arise out of or
12 in consequence of this Agreement, provided such liability, claims, demands, losses or
13 actions are claimed to be due to the acts or omissions of CITY, its officers, agents or
14i employees in the performance of this Agreement, including any activities conducted by
15I CITY under its application.
16 b. In addition, CITY shall indemnify and hold harmless COUNTY against any
17 liability, claims, losses, demands, and actions incurred by COUNTY as a result of a
18 determination by HUD that activities under taken by CITY under CITY's application failed
19 to comply with any laws, regulations, or policies applicable thereto or that any funds
20 forwarded to CITY under this Agreement were improperly expended.
21 c. The provisions of 1, 3, 4, 5, 6 and 7 of Section 2778 of the California Civil
22 Code, as said section exists on the effective date of this Agreement, shall be
23 applicable to the above indemnification provisions. Transmittal to CITY of any
24 pleadings served upon COUNTY shall be deemed to be a request to defend.
25 13.a. COUNTY shall indemnify, hold harmless and defend CITY, its officers, agents
26 and employees against all liability, claims, losses, demands and actions for injury to
27 or death of persons or damage to property arising out of or alleged to arise out of or
28 in consequence of this Agreement, provided such liability, claims, demands, losses or
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I actions are claimed to be due to the acts or omissions of COUNTY, its officers, agents
2 or employees in the performance of this Agreement, including any activities conducted by
3 COUNTY under its application.
4 b. In addition, COUNTY shall indemnify and hold harmless CITY against any
5 liability, claims, losses, demands, and actions incurred by CITY as a result of a
6 determination by HUD that activities undertaken by COUNTY under COUNTY's application
7 failed to comply with any laws, regulations, or policies applicable thereto or that any
8 funds forwarded to COUNTY under this Agreement were improperly expended.
9i c. The provisions of paragraphs 1, 3, 4, 5, 6 and 7 of Section 2778 of the
10 California Civil Code, as said sections exists on the effective date of this Agreement,
11 shall be applicable to the above indemnification provisions. Transmittal to COUNTY of
12 any pleadings served upon CITY shall be deemed to be a request to defend.
13 14. COUNTY shall have the right to periodically audit CITY's records to determine
14I compliance with this Agreement.
15 15. CITY shall forward to COUNTY a copy of each annual audit of the CITY during
161 this Agreement period conducted by an independent public auditor as soon as the audit
17 report becomes available. COUNTY shall have the right to ensure that necessary
18 corrective actions are made by the CITY for any audit findings pertinent to CITY
19 handling of CDBG funding or the CDBG Program per federal requirements.
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IN WITNESS THEREOF, CITY has caused this Agreement to be executed by its Mayor and
attested by its Clerk and COUNTY has caused this Contract to be executed by the Chairman'
of the Board of Supervisors and certified by its Clerk, all having been duly authorized
by the City Council of CITY and the Orange County Board of Supervisors.
CITY OF SAN JUAN CAPISTRANO
Dated: December 1, 1987 By
Anthony L. nd, Mayor
i
ATTEST:
O91c.
Cfty lerk
Mary Ann Hanover
APPROVW AS TO FORM:
Joh Shaw, City Attorney
Dat
V
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
LINDA D. ROBERTS
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN RUYPER, County Counsel
ORANGE COUNTY, CALIFORNIA
By
H/CD
RD:maWP2-9.1(9)
11/03/87
COUNTY OF ORANGE, a political subdivision
of the State of California
BY
Ch n of the Board of Supervisors
COUNTY
_ -HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM -
APPROVAL OF 15TH YEAR CONTRACT (FY 1989-90) (600.50)
Written Communication:
Report dated February 6, 1990, from the Assistant to the City
Manager, forwarding two agreements for approval for the use
of $84,000 in annual Community Development Block Grant funds
from the County for Year 15, as follows: $55,000 toward
rehabilitation of mobile homes for low- and moderate -income
residents of the seven mobile home parks within the City, and
$29,000 toward rehabilitation of single-family residences for
low- and moderate -income residents throughout the City.
Approval of Agreements:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that the two CDBG Operating
Agreements for Year 15 with the County be approved.
LEASE AGREEMENT WITH BIRTCHER PACIFIC FOR COMMUNITY FACILITIES
(600.20)
Written Communication:
Report dated February 6, 1990, from the City Manager,
requesting approval of a lease with Birtcher Pacific for the
former Bank of American building located in Birtcher Plaza in
the downtown area, so as to provide community facilities on
a shared basis, e.g additional space for public meetings,
staff meetings, training, and public seminars. In addition,
authorization was requested to negotiate a sublease in the
same building with the San Juan Institute - Center for Global
Earth and Planetary Science Studies for use as their
headquarters and who would provide working space for a NASA
Science Advisory Group.
Mr. Julian made an oral presentation, noting that the
Institute's use of the facility would attract leading
scientists to the area and would promote public education,
with an exhibit possible for the Heritage Festival.
Approval of Agreement and Negotiation:
It was moved by Councilman Friess, seconded by Councilman
Bland, and carried by a 3-0 vote that:
(1) The Lease Agreement with Birtcher Pacific for the old
Bank of America building be approved for a 36 -month
period, at an initial rate of 55 cents per square foot,
for use of 9,230 square feet;
(2) The City Manager be authorized to negotiate and enter
into a sublease with the San Juan Institute for use of
this facility; and
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2/6/90
0
December 3, 1987
Orange County EMA
Housing Program Section
1200 North Main Street, Suite 600
Santa Ana, California 92702
two,
Orange
(�: —i is roRalio
uiau.,�o �, 196I
1776
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN 8 JULIAN
Re: County of Orange Three -Year Participation Agreement - Community Development
Block Grant Program
Gentlemen:
The City Council of the City of San Juan Capistrano at its regular meeting held
December 1, 1987, adopted Resolution No. 87-12-t-4 approving a three-year Cooperation
Agreement with the County of Orange for participation in the Community Development
Block Grant Program through 1990.
Enclosed are a certified copy of Resolution No. 87-12-1-4 and three copies of the
Agreement executed by the City. Upon approval of the Board of Supervisors, please
return one fully -executed copy of the Agreement to this office.
Thank you for your cooperation. If we can be of further assistance, please call.
Very truly yours,
%nom./ CLrtnc rli�ax.o-�
Mary Ann Hanover, CMC
City Clerk
MAH/mac
Enclosures
cc: Director of Community Planning and Development
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
IS:
RESOLUTION NO. 87-12-1-4
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 (THREE-YEAR COOPERATION AGREEMENT, FISCAL
YEARS 1988, 1989 AND 1990)
WHEREAS, it is the intent of the City of San Juan Capistrano to participate in
the filing of an application with the County of Orange for a grant authorized under the
Housing and Community Development Act of 1974, as amended; and,
WHEREAS, the Housing and Community Development Act of 1974, as
amended, authorizes cities under 50,000 population to enter into cooperation agreements
with the County in which they are located for the purpose of undertaking essential
housing and community development activities; and,
WHEREAS, the federal government requires participating cities to assure that
the funds will be secured and utilized pursuant to applicable federal, state and local laws
and regulations relative to the Community Development Block Grant Program; and,
WHEREAS, it is necessary that the City adhere to the Housing Assistance Plan
as approved by the U.S. Department of Housing and Urban Development for the Urban
County Community Development Block Grant Program.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, does hereby adopt the Cooperation Agreement.
PASSED, APPROVED, AND ADOPTED this 1st day
of December , 1987.
yj G 1, viclLl���
ANTHONY L. B AND, MAYOR
ATTEST:
101411 MY
* I m 0
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, 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. 97_17_1_4 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the lst day
of December , 1987, by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer, and
Mayor Bland
NOES: None
ABSENT: Councilman Schwartze
(SEAL)
MARY ANN HAXOVER, CITY CLERK-
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AGENDA ITEM
TO:
FROM:
SUBJECT:
�1ilUfAvtcerZl
December 1, 1987
Stephen B. Julian, City Manager
Thomas G. Merrell, Director
Community Planning and Development
County of Orange 3 -Year Participation Agreement -
CDBG Program
A. Summary and Recommendation - It is recommended that the City enter into a
3 -year cooperation agreement with the County of Orange for participation in the
Community Development Block Grant (CDBG) Program through 1990.
B. Background - The 1974 Housing and Community Development Act authorizes cities
under 50,000 population to enter into cooperation agreements with the County in
which they are located for the purpose of undertaking essential housing and
community development activities. This year the Federal Department of Housing
and Urban Development (HUD) is recertifying urban counties for Community
Development Block Grant funding. This process authorizes the County of Orange to
enter into 3 -year cooperation agreements with cities wishing to participate in the
Housing and Community Development Block Grant program.
The City has entered into cooperation agreements with the County in the past. The
present 3 -year agreement expires on June 30, 1988, and it protects funds received to
date. In order for the City to remain eligible for Urban County CDBG monies for
the next 3 -year period (FY 1988, 1989, and 1990), the existing agreement must be
extended to the period ending June 30, 1991. The extended agreement will allow the
City to participate in the yearly grant requests.
Attached is a resolution providing for approval of the City's continued participation
in the CDBG program with the County of Orange.
PUBLIC NOTIFICATION
None.
COMMUNITY REDEVELOPMENT AGENCY
Not applicable.
COMMISSION/BOARD REVIEW, RECOMMENDATION
None.
FINANCIAL CONSIDERATIONS
None.
HIc
iOR Cl J"( C-at)(.lNVL AGENDA
Agenda Item
ALTERNATE ACTIONS
r
-2- December 1, 1987
1. Adopt the resolution extending the Cooperation Agreement with the County of
Orange for participation in the Community Development Block Grant Program
through June 30, 1991, and authorize the Mayor and City Clerk to execute the
attached agreement.
2. Adopt the resolution with modifications to the agreement.
3. Refer back to staff for further review.
By motion, adopt the resolution extending the Cooperation Agreement with the County
of Orange for participation in the Community Development Block Grant Program through
June 30, 1991, and authorize the Mayor and City Clerk to execute the attached
agreement.
Respectfully submitted,
--Qb� q&"t-a-
Thomas G. Merrell, Director
Community Planning and Development
TGM:BDF:dh
Attachments
GBFAI121871
2. REQUEST FOR CONSIDERATION OF GENERAL PLAN A
Proposal:
Consideration of a request to amend the General Plan to allow general office uses
for property located on the north side of San Juan Creek Road immediately east of
Interstate 5. The present General Plan Designation is 5.0 Public and Institutional
Uses as amended by General Plan Amendment 80-3; the proposed designation is 5.0
Public and Institutional Uses with removal of restrictions incorporated as part of
General Plan Amendment 80-3. Designated land uses on adjoining properties include
public institutional and private recreation to the east, Interstate S to the west, San
Juan Creek to the north, and hotel/conference center to the south.
Applicant
Tierra Planning and Design, 31882 Camino Capistrano, Suite 108, San Juan
Capistrano, Attention Alan Fishman.
Property Owner:
Robert Sasner, 662 South Scout Trail, Anaheim, 92807.
Written Communications:
Report dated December 1, 1987, from the Director of Community Planning and
Development, forwarding background information and advising that the primary
focus of General Plan Amendment 80-3 was continued emphasis on the private
recreational needs of the community; it was not to include general office uses. The
report forwarded a recommendation that it would not be appropriate to change the
present restricted nature of the General Plan for the individual one -half -acre
parcel. A comprehensive planning study encompassing all of the vacant parcels in
the immediate vicinity would be more beneficial.
Exhibits were on display and the City Planner made an oral report. He stated that
initiation of the study would allow a less stringent time frame to address proposed
uses, with a possible re-evaluation of the whole area. Council concurred in a
willingness to consider different land uses in the area.
Preparation of Planning Study:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer and
unanimously carried to direct staff to prepare a comprehensive planning study
covering all vacant acreage immediately adjacent to the project site. The study will
begin in April, 1988.
Written Communications:
Report dated December 1, 1987, from the Director of Community Planning and
Development, recommending approval of a three-year cooperation agreement with
the County for participation in the Community Development Block Grant Program
through Fiscal Year 1990.
Approval of Cooperation Agreement:
It was moved by Councilman Hausdorfer,
following Resolution be adopted:
seconded by Councilman Friess that the
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12/1/87
4.
0 0
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 (THREE-
YEAR COOPERATION AGREEMENT, FISCAL YEAR 1988, 1989,
AND 1990)
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer,
and Mayor Bland
NOES: None
ABSENT: Councilman Schwartze
OF ADMINISTRA
025X,
Written Coin munications:
Report dated December 1, 1987, from the Director of Community Planning and
Development, forwarding an urgency ordinance to establish administrative
procedures for the submission of plans for permits, plan check provisions, and
inspection services for areas under consideration for possible annexation to the
City. The regulations will reduce the possible conflicts and financial impacts on a
property owner faced with multiple agency review and conflicting zoning
regulations. The ordinance was prepared in response to comments received from the
Local Agency Formation Commission upon its authorization for the City to begin the
annexation process for the City's westerly ridgeline (Westside Annexation No. 2).
Adoption of Urgency Ordinance:
The City Attorney read the title of the Ordinance next in order. Further reading of
all Ordinances had been waived earlier in the meeting. It was moved by Councilman
Hausdorfer, seconded by Councilman Buchheim that the following Ordinance be
adopted:
CALIFORNIA, ESTABLISHING ADMINISTRATIVE
PROCEDURES FOR THE REVIEW OF DEVELOPMENT PERMITS
SUBMITTED TO THE COUNTY OF ORANGE PRIOR TO
ANNEXATION TO THE CITY OF SAN JUAN CAPISTRANO
PENDING THE INITIATION AND COMPLETION OF A ZONING
STUDY PURSUANT TO GOVERNMENT CODE SECTION 65858
(URGENCY)
1a
12/1/87