1987-0616_ORANGE ,COUNTY OF_Memorandum of Contract �� • . Contract No. C40317
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT CONTRACT
1 TITLE OF PROJECT: SAN JUAN CAPISTRANO - Public Facilities and Improvements/Los Rios
Street (L12.3) �- /
2 MEMORANDUM OF CONTRACT entered into this /�l�L day o ,
3 19_4C2.
4 BY AND BETWEEN
5 CITY OF SAN JUAN CAPISTRANO, a municipal
6 corporation, hereinafter referred to as CITY,
7 and
8 COUNTY OF ORANGE, a political subdivision of the
State of California and recognized urban County
under the Federal Housing and Community
9 Development Act of 1974 (Public Law 93-383) , as
10 amended, hereinafter referred to as COUNTY.
11 WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement,
12 dated October 9, 1984 in which both parties agreed to cooperate in the undertaking,
13 or assist in the undertaking, of community development and housing assistance
14 activities, and
15 WHEREAS, the CITY has submitted to the COUNTY an application for funding
16 of a project hereinafter described, and
17 WHEREAS, the COUNTY has entered into separate agreements dated August 12, 1986
18 and November 4, 1986, with the U.S. Department of Housing and Urban Development
19 (hereinafter designated as HUD) to fund said project under the Housing and Community
20 Development Act of 1974 (Public Law 93-383) , as amended (hereinafter referred to as
21 ACT) .
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", and all other
25 attached Exhibits, are part of this Contract.
26 1. For the PURPOSES OF THIS CONTRACT the following definitions shall
27 apply:
28
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• • Contract No. C40317
1 a. Project Manager: The party responsible for, but whose responsibility is
2 not limited to the following: Contracting, monitoring and implementing the project
3 through completion.
4 b. Construction Bid Package: A
g package of bidding documents which includes
5 proposal, bidding instructions, contract documents, detailed estimated costs and plans
6 and specifications for a construction project all prepared in accordance with applicable
7 federal regulations.
S c. Director: The Director of the Orange County Environmental Management
9 Agency or his designee.
10 d. Reimbursable Basis: The CITY will provide the funds for the project and
11 submit proof of payment to the COUNTY, whereby upon approval the COUNTY will forward
12 Community Development Block Grant (hereinafter referred to as CDBG) funds to repay the
13 CITY,
14 2, It is understood that the CITY will act as Project Manager for the project
15 described as: Public Facilities and Improvements/Los Rios Street (L12.3) . CITY will
16 utilize CDBG funds for improvements to include, but not be limited to, street
17 reconstruction and installation of drainage system on Los Rios Street, (see map,
18 Exhibit "B") .
19 3. It is agreed by all parties that the project shall be completed and all
20 funds provided through this Contract shall be expended on eligible project activities
21 prior to December 31, 1987. Invoices for all approved project costs funded by the Block
22 Grant under this contract shall be submitted within 180 days after the above date. The
23 date for project completion and expenditure of all funds may be extended by Director
24 through written notification to the CITY. In the event of such an extension, the
25 deadline for submittal of invoices shall be 180 days after the new completion date.
26 4. CITY agrees:
27 a. Any amendment to this Contract shall be submitted to and approved by the
28 COUNTY, prior to commencement by CITY of any activity covered by said amendment.
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• . Contract No. C40317
1 b. To submit any and all third-party contracts funded through this Contract
2 to DIRECTOR for review and approval prior to award of such contracts by CITY.
3 C. To be responsible for design and inspection, including funding the costs
4 related to those activities, unless funding for design and inspection activities is
5 provided for in Section 5.a. of this Contract.
6 d. To submit the Construction Bid Package for this project to DIRECTOR for
I
7 review prior to advertising for bids on the construction contract or prior to award of
8 such a contract if an alternative method of award is used. CITY shall not advertise for
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9 bids until DIRECTOR has approved Construction Bid Package. CITY shall construct project
10 in accordance with the Construction Bid Package which DIRECTOR approved unless prior
11 written approval is received from DIRECTOR for modification thereof.
12 e. That all work shall be in accordance with all applicable CITY
13 regulations.
14 f. That the project shall be implemented for Community Development purposes
15 as defined by applicable HUD provisions at a level of maintenance to ensure maximum
16 feasible benefit and utilization of the project by low- and moderate-income persons.
17 g. To maintain accounting records, official files, and other evidence
18 pertaining to costs incurred as required by all applicable HUD regulations, and all of
19 these shall be accessible for the purposes of monitoring, audits, reporting and
20 examinations by duly authorized representatives of COUNTY or HUD. These records shall
21 be kept available at CITY's office during the project's contract period and thereafter
22 for three (3) years from the date of final payment of HUD CDBG funds.
23 h. That DIRECTOR, shall periodically evaluate the CITY's progress in
24 complying with the terms of this Contract. CITY shall cooperate fully during such
25 monitorings. DIRECTOR shall report the findings of each monitoring to the CITY and
26 Orange County Board of Supervisors. If it is determined by the Board of Supervisors
27 that performance or progress on performance is unsatisfactory, the Board of Supervisors
28 may withhold further funding on the project pending resolution of the unsatisfactory
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• • Contract No. C40317
1 condition(s) or may terminate this Contract. In addition, the Board of Supervisors may
2 require the CITY to reimburse COUNTY any funds that it determines to be improperly
3 expended or not expended on the project in a timely manner based on applicable CDBG
4 Program regulations.
5 i. That if it is determined by HUD that funds were not expended in
6 compliance with the applicable federal laws and regulations, CITY will refund to COUNTY
7 as soon as practicable such sums as were determined by HUD to have been improperly
8 expended.
9 j. When the project is completed all unexpended funds remaining will be
10 returned to the COUNTY as soon as practicable. COUNTY may then reallocate returned
11 funds to another Urban County project(s) previously approved by the Board. Returned
12 funds as such, may be allocated by the Director up to a maximum of Ten Thousand Dollars
13 and no/100 ($10,000.00) .
14 k. Should the COUNTY receive returned funds from other Urban County
15 projects, Funding for this Contract, upon proof of anticipated cost overruns, may be
16 increased by up to 108 of total Contract amount to a maximum of Ten Thousand Dollars and
17 no/100 ($10,000.00) at the discretion and upon written authorization of the Director.
18 1. To assume responsibility for compliance with the California
19 Bnvironmental Quality Act (CEQA) and to provide COUNTY with necessary information to
20 Comply with the National Environmental Policy Act (NEPA) prior to commencing project
21 implementation. This may include, when applicable, CITY preparation of NEPA documen-
22 tation in coordination with County staff.
23 5. Project Funding:
24 a. The estimated project cost(s) covered by this agreement is:
25 Land Acquisition $-0-
26 Design and Inspection $-0-
27 Construction Contract $55,000.00 (Fifty-five Thousand Dollars
28 and no/100) .
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• • Contract No. C40317
1 TOTAL $55,000.00 (Fifty-five Thousand Dollars
2 and no/100) .
3 b. Based on the above estimate, this project will be financed as
4 follows:
5 Total Block Grant Funds $55,000.00 (Fifty-five Thousand Dollars
6 and no/100) .
7 c. COUNTY shall not be responsible for any costs which exceed the approved
8 Block Grant amount as referenced in 5.a. unless otherwise provided in advance as
9 referenced in 4.R.
10 d. Payment by the COUNTY to the CITY shall be on a reimbursable basis
11 unless CITY has been authorized and issued cash advances by COUNTY under this Contract.
12 e. Cash advances requested by the CITY under this Contract shall be made by
13
the COUNTY to the CITY if the following conditions are met:
14 (1) The CITY has demonstrated to DIRECTOR through certification in a
15 form prescribed by DIRECTOR and subsequently through performance, its willingness and
16 capacity to establish CITY financial procedures that will minimize the time elapsing
17 between the receipt of funds and proper disbursement of such funds.
18 (2) The CITY certifies to DIRECTOR, that the CITY's financial
19 management system meets the standards for fund control and accountability prescribed in
20 Office of Management and Budget Circular No. A-102 as amended from time to time.
21 (3) The CITY complies with the cash advance procedures required by the
22 Financial Procedures of the Housing and Community Development Program Office of County's
23 Environmental Management Agency (hereinafter referred to as EMA) . These procedures
24 require that upon written receipt of funds from the COUNTY, the CITY shall disburse
25 payment to vendor within five (5) working days and submit evidence of such
26 disbursement(s) (i.e. , warrant copies, etc.) to the COUNTY.
27 If the CITY is subsequently found, by DIRECTOR, to be in
28 noncompliance with 5.e. (1) through 5.e. (3) CITY shall be paid on a reimbursable
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Contract No. C40317
1 basis.
2 f. Reimbursable basis payments, as referred to in section 5.d. above,
3 and/or cash advances described in 5.e. above, shall be made in accordance with the
4 financial procedures of ENA. In the event of conflict between such financial procedures
5 and any applicable statutes, rules or regulations of HUD, including Office of Management
6 and Budget Circular No. A-102, the latter shall prevail.
7 6. Neither COUNTY nor any officer nor employee thereof shall be responsible for
8 any damage or liability occurring by reason of any action or omission of CITY or its
9 agents, associates, contractors, subcontractors, materialmen, laborers, or any other
10 persons, firms, or corporations furnishing or supplying work service, materials, or
11 supplies in connection with CITY's performance of this Contract and from any and all
12 claims and losses accruing or resulting to any persons, firm or corporation for personal
13 injuries or property damage resulting from or as a consequence of, CITY's performance of
14 this Contract under or in connection with any work, authority or jurisdiction delegated
15 to CITY under this Contract. It is also understood and agreed that, pursuant to
16 California Government Code Section 895.4, CITY shall fully indemnify, defend and hold
17 COUNTY harmless from any liability imposed for injury (as defined by California
18 Government Code Section 810.8) occurring by reason of any action or omission of CITY
19 under or in connection with any work, authority or jurisdiction delegated to CITY under
20 this Contract. CITY shall act in an independent capacity and not as officers, employees
21 or agents of COUNTY.
22 7. Neither CITY nor any officer nor employee thereof shall be responsible for
23 any damage or liability occurring by reason of any action or omission of COUNTY, its
24 agents, associates, contractors, subcontractors, materialmen, laborers, or any other
25 persons, firms, or corporations furnishing or supplying work, service, materials, or
26 supplies in connection with COUNTY's performance of this Contract and from any and all
27 claims and losses accruing or resulting to any persons, firm or corporation for personal
28 injuries or property damage resulting from or as a consequence of COUNTY's performance
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�, • • Contract No. C40317
1 of this Contract under or in connection with any work, authority or jurisdiction
2 delegated to COUNTY under this Contract. It is also understood and agreed that,
3 pursuant to California Government Code Section 895.4, COUNTY shall fully indemnify,
4
defend and hold CITY harmless from any liability imposed for injury (as defined by
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5 California Government Code Section 810.8) occurring by reason of any action or omission
6 of COUNTY under or in connection with any work, authority or jurisdiction delegated to
7 COUNTY under this Contract. COUNTY shall act in an independent capacity and not as
8 officers, employees or agents of CITY.
9 B. Where contract funds are withheld, and at the request and expense of CITY,
i
10 COUNTY will accept securities equivalent to the amount withheld. Such substituted
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11 security, meeting the requirements of Government Code Section 4590, shall be deposited
12 with COUNTY, or with a State or federally chartered bank as escrow agent. If security
I
13 is deposited with an escrow agent, it shall be covered by an escrow agreement.
14 9. In the event of CITY's failure to comply with the provisions of this
15 Contract, COUNTY may withhold funds and/or terminate this Contract and allocate funds
16 previously assigned to this Contract to another eligible project(s) within the Urban
17 County.
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I , • • Contract No. C40317
1 IN WITNESS WHEREOF, CITY has caused this Contract to be executed by its Mayor
2 and attested by its Clerk; COUNTY has caused this Contract to be executed by the
3 Chairman of the Board of Supervisors and certified by Clerk of the Board, all having
4 been duly authorized by the City Council of CITY and the Orange County Board of
5 Supervisors.
6
7 CITY OF SAN JUAN CAPIIJSTRANO
8 Dated: May S, 1987 By
9 Mayor
Anthony L. Bland
10 ATTEST:
11 Approv As o F (:
12 it Clerk --- - - -------------
Y City Attorney
Mary Ann Hanover
13 COUNTY ORANGE, a political subdivision of
14 the S of California
IF
15 Dated: Y7 By ,. i%
16 firman of the Board of Supervisors
COUNTY
17
18 SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
19 THE CHAIRMAN OF THE BOARD.
20
�- LINDA D. ROBERTS
21 Clerk of the Board of Supervisors
22 of Orange County, California
23 APPROVED AS TO FORM:
24 ADRIAN RUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
25
26 By
27
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28 01/28/87
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MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
JUNE 16, 1987
CONTRACT NO. C40317 WITH CITY OF SAN JUAN CAPISTRANO FOR IMPROVEMENTS ON LOS
RIOS STREET -- COMMUNITY DEVELOPMENT BL CK GRANT PROGRAM (CI)BG) :
Environmental Management Agency requests approval of Contract No. C40317 with
the City of San Juan Capistrano, developed under the Community Development
Block Grant Program (CDBG) , for improvements on Los Rios Street.
MOTION: On motion by Supervisor Riley, seconded by Supervisor Vasquez, the
Board authorized execution of Contract No. C40317 in the amount of $55,000.
MOTION UNANIMOUSLY CARRIED.
®F1013-2.3 (12/76)
2. REQUEST FOR CONSIDERATION OF GENERAL PLAN AMENDMENT
TIERRA PLANNING AND DESIGN/SASNER 440.25
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 5 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.
—� 3. APPROVAL OF THREE-YEAR PARTICIPATION AGREEMENT WITH COUNTY
OF ORANGE - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 600.50)<,
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, seconded by Councilman Friess that the
following Resolution be adopted:
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12/1/87
RESOLUTION NO. 87-12-1-4, APPROVING THREE-YEAR
COOPERATION AGREEMENT - COMMU'NITY 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 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
4. ESTABLISHMENT OF ADMINISTRATIVE PROCEDURES -
DEVELOPMENT APPLICATION PERMITS FOR ANNEXATION AREAS
URGENCY 620.15
Written Communications:
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 Urgencv 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:
ORDINANCE NO. 612, ADMINISTRATIVE PROCEDURES -
REVIEW OF DEVELOPMENT PERMITS SUBMITTED TO
COUNTY PRIOR TO ANNEXATION TO CITY URGENCY - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
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)
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• Joe* •
MEMBERS OF TRE CITY COUNCIL
V 'u ANTHONY L. BLAND
LAWRENCE F. IM
FRS
KENNETH E. IES
GART L, RA US GORFER
1776 PHILLIP R. SCMWARTZE
• civ MANAGER
STEPHEN B JULIAN
May 6, 1987
Mr. Jerry Mitchell
Environmental Management Agency
P. O. Box 4048
Santa Ana, California 92702-4048
Re: 12th Year Community Development Block Grant Contracts and Amendment to 7th
Year Community Development Contract
Dear Mr. Mitchell:
The City Council of the City of San Juan Capistrano at its regular meeting held May 5,
1987, took the following actions:
1. Approved the 12th Year Community Development Block Grant Contract for
Public Facilities and Improvements for Los Rios Street.
2. Approved the 12th Year Community Development Block Grant Contract for
Rehabilitation of Private Properties for Mobile Homes.
3. Approved an Amendment to the 7th Year Community Development Contract
for Real Property Acquisition, Public Improvements, and Housing
Rehabilitation for the Los Rios Area.
Three copies of each of the Agreements are enclosed. Upon approval of the Board of
Supervisors, please return one fully-executed copy of each Agreement to this office.
Thank you for your cooperation. If you have any questions, please do not hesitate to call.
Very truly yours,
Mary Ann Hanover, CMC
City Clerk
MAH/mac
Enclosure
cc: Director of Community Planning and Development
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171
AGENDA ITEM May 5, 1987
TO: Stephen B. Julian, City Manager
FROM: Thomas G. Merrell, Director
Community Planning and Development
SUBJECT: Housing & Community Development Block Grant Program -
Approval of 12th Year Contracts
SITUATION
A. Summary and Recommendation - The City has been allocated $80,000 in Housing and
Community Development Block Grant (HCDBG) funds for Year 12, FY 1986-87.
These funds will be used for improvements to Los Rios Street and rehabilitation of
qualifying mobile homes. It is recommended that the attached contracts with the
County for the use of these funds be approved by the City Council.
B. Background - The HCDBG program provides Federal funds for improvements to
housing and public facilities which are of benefit to low- and moderate-income
persons. The 1974 Housing and Community Development Act authorizes cities under
50,000 population, such as San Juan Capistrano, to receive funding through the
County HCD program.
In 1986, the County Board of Supervisors approved funding for the City's 1986-87
Year 12 programs as follows:
L12.3 Public Facilities and Improvements: $55,000
Reconstruction of Los Rios Street
L12.4 Rehabilitation of Private Properties
(Mobile Homes): $25,000
Mobile Home Rehabilitation Program for
low- and moderate-income residents of
the seven mobile home parks in the City
In order for the City to utilize these funds, an operating agreement must be entered
into between the County of Orange and the City of San Juan Capistrano. The
agreement outlines the amount of funds, the use of funds, who may qualify, and
compliance with employment and labor regulations, non-discrimination, and other
similar provisions. The City has entered into these agreements for the past ten
years.
PUBLIC NOTIFICATION
Public Hearings for the 12th Year Application were held in October and November, 1985.
COMMUNITY REDEVELOPMENT AGENCY
Los Rios Street is located within the Redevelopment Area; the mobile home parks are
not. Agency assistance will not be required.
FOR CITY COUNCIL AGENDA..
Hao.
0 0
Agenda Item -2- May 5, 1987
COMMLSSION/BOARD REVIEW, RECOMMENDATION
The Los Rios Review Committee and the Planning Commission approved the 12th Year
Application.
FINANCIAL CONSIDERATIONS
The City would be reimbursed for expenditures on these projects by the County HCD
Of fice.
ALTERNATE ACTIONS
1. Approve the 12th Year Operating Agreements for HCDBG funds.
2. Approve the 12th Year Operating Agreements for HCDBG funds, subject to
modifications.
3. Request additional information from staff.
RECOMMENDATION
By motion, authorize the Mayor to execute the 12th Year HCDBG Operating
Agreements.
Respectfully submitted,
� ��U¢�
oma G. Merrell, Dir ctor
Community Planning and Development
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Attachments
NEAI55972