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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 -1- • • 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. -2- • . 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 i 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 -3- • • 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) . -4- • • 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 -5- • • 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 -6- �, • • 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 i 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 i 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. 18 /!! 19 20 /!! 21 22 23 24 25 26 27 -7- 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 JM':b�gWPB-4.22 28 01/28/87 -8- _ y � ii►�a �I�► q I �� Iq� ■ IIID . -i► ru ,,,,.r 1 S( 1 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: -8- 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) -9- l2/l/87 • 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 TGM:BDF:dh Attachments NEAI55972