1994-1206_ORANGE , COUNTY_Memorandum of ContractI • 0 Contract No. EC41642
2
3 COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
4 HOUSING AND REDEVELOPMENT
CITY ADMINISTERED REHABILITATION
5 (CDBG Program Year XX)
6 TTTLE OF PROJECT: City Of San Juan Capistrano - Rehabilitation of Private Properties
Mobile Home Rehabilitation
7
8
9 MEMORANDUM OF CONTRACT
10 BY AND BETWEEN:
11 City Of San Juan Capistrano, a
municipal corporation, hereinafter
12 referred to as "CITY",
AND
13
14 COUNTY OF ORANGE, a political
15 subdivision of the State of California
and recognized Urban County under the
16 Federal Housing and Community
Development Act of 1974 (Public Law
17 93-838), as amended, hereinafter
referred to as "COUNTY",
18
19 RECITALS: This Contract is made with reference to the following facts, among others:
20 WHEREAS, the COUNTY anticipates entering into a separate contract for the period July 1,
21 1994 - June 30, 1995 with the United States Department of Housing and Urban Development (HUD)
22 to receive funds under Title I of the Housing and Community Development Act of 1974 (Public Law
23 93-838, as amended), for the purpose of funding projects meeting one of the HUD national
24 objectives, and
25 WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement dated
26 July 21, 1993 in which
27 both parties agreed to cooperate in the undertaking, or assist
28 in the undertaking, of community development and housing assistance activities, and
29 WHEREAS, the CITY has submitted to the COUNTY an application for funding of a
30 PROJECT hereinafter described, and
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
29
• 0
Contract No. EC41642
WHEREAS, the COUNTY adopted FINAL STATEMENT OF COMMUNITY
DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS on May 17, 1994 by
Resolution No. 94-588 which sets forth the PROJECT described herein, and
WHEREAS, HUD has accepted and certified the aforementioned FINAL STATEMENT.
NOW, THEREFORE, IT IS AGREED by and between the parties that the following provisions
as well as all other applicable Federal regulations including 24 CFR 570.600-612 and appropriate
State and COUNTY laws and regulations including the attached General Conditions, identified as
Exhibit "A", and Exhibit "B", are part of this Contract.
I. SCOPE OF SERVICES
A. ACTIVITIES
The CITY will act as PROJECT MANAGER and, furthermore, will be responsible for
administering a Community Development Block Grant (CDBG) Year XX Housing Rehabilitation
Project described herein, which will provide low-interest loans, deferred payment loans, grants or
rebates for home improvement of privately owned eligible properties within the C1TY's boundaries (see
attached map, Exhibit "B"). All rehabilitation of single family residential units will benefit low- and
moderate -income families and rehabilitation of multi -family residential units will principally benefit
(minimally 51 %) low- and moderate -income families as defined and revised periodically by HUD.
Project development and management costs are included. Such program will include the following
activities eligible under the CDBG Program:
PROGRAM DELIVERY
Activity No. 1 - Housing Rehabilitation Program
GENERAL ADMINISTRATION
B. LEVELS OF ACCOMPLISHMENT
In addition to the normal administrative services required as part of this Contract, the CITY
agrees to provide the following levels of program services:
ACTIVITY
Housing Rehabilitation
UNITS PER MONTH*
-2-
TOTAL UNITS/YEAR
Minimum 9 units
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
29
Contract No. EC41642
I C. BUDGET
This contract is in an amount not to exceed $45,000.00 (Forty five thousand dollars and 00
cents).
Funds shall be used for the following items:
Costs relating to construction of project, salaries (including benefits)
D. PERFORMANCE MONITORING
The COUNTY will, in accordance with Section III., A. of this contract, monitor the
performance of the CITY against goals of the performance standards required herein. Substandard
performance as determined by the COUNTY constitutes noncompliance with this contract. COUNTY
may terminate this contract pursuant to Section H. of Exhibit "A" (General Conditions), attached
herewith.
11. TIME OF PERFORMANCE
Services of the CITY shall start on July 1, 1994 and shall be completed by June 30, 1995.
The term of this contract and the provisions herein shall be extended to cover any additional time
period during which the CITY remains in control of CDBG funds or other assets including program
income.
III. PAYMENT
A. It is expressly agreed and understood that the total amount to be paid by the COUNTY under this
contract shall not exceed the amount stated in Section I. C. of this contract. Draw downs for the
payment of eligible costs shall be made against the line item budgets specified in Section I. D. herein
and in accordance with Exhibit "A" attached and in accordance with monthly performance reports.
Expenses for general administration shall also be paid against the line item budgets specified in Section
I. D. and in accordance with performance.
B. REIMBURSEMENT
1. On a monthly basis CITY may invoice to COUNTY for reimbursement of eligible costs (per
Section I. D. above). Concurrent with its request for the aforementioned funds, CITY shall submit to
COUNTY the following support documentation (copies of): paid invoices, receipts, payroll records,
N
-3-
I
2
31
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
29
Contract No. EC41642
statements, cancelled checks and other items adequate to document project expenditures. CITY
shall also provide a monthly performance report addressing its level of performance with each activity
relative to the Scope of Services set forth in Section I. herein, including Grantee Performance
Benefit Activity information. Reimbursement of eligible expenses shall be made against the items
specified in Exhibit "A" - Administrative Requirement (Section II.A.2.).
NOTICES
Communication and details concerning this contract shall be directed to the following contract
A. TO COUNTY:
County of Orange
Environmental Management Agency
Housing and Redevelopment Function
1200 North Main Street, Suite 600
Santa Ana, CA 92701
Attention: Chief, Grant Management Section
B. TO CITY:
City Of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Mary Raskin
SPECIAL CONDITIONS
The CITY agrees to comply with the requirements of Title 24 Code of Federal Regulations,
570 of the Department of Housing and Urban Development regulations concerning CDBG and all
regulations and policies issued pursuant to these regulations. The CITY further agrees to utilize
available under this Contract to supplement rather than supplant funds otherwise available.
A. DEFINITIONS
the PURPOSES OF THIS CONTRACT the following definitions shall apply:
1. "PROJECT MANAGER": The party responsible for, but whose responsibility is not
to the following: Contracting, monitoring and implementing the PROJECT through completion.
2. 'DIRECTOR": The Director of the Orange County Environmental Management Agency
to as EMA) or his designee.
9 0
I Contract No. EC41642
2 3. "REIMBURSABLE BASIS": The CITY will provide the funds for the project and submit
3 proof of payment to the COUNTY, whereby upon approval, the COUNTY will forward Community
4 Development Block Grant (hereinafter referred to as CDBG) funds to repay the CITY.
5 4. "CONSTRUCTION BID PACKAGE": A package of bidding documents which includes
6 proposal, bidding instructions, contract documents, detailed estimated costs and plans and specifications
7 for a construction project, all prepared in accordance with applicable Federal regulations.
8 B. PROJECT FUNDING
9 1. Invoices for all approved project costs funded by the grant under this Contract shall be
10 submitted within 90 days after the Contract expiration date. The date for project completion and
11 expenditure of all funds may be extended at the discretion of the DIRECTOR six (6) months from the
12 Contract expiration date, with written notification to the CITY. In the event of such an extension, the
13 deadline for submittal of invoices shall be 90 days after the new completion date. After Contract
14 expiration, all unexpended funds remaining from this Contract will be allocated by the COUNTY to
15 other eligible project(s) within the Urban County Program.
16 C. CITY agrees:
17 1. That the project shall be implemented and appropriately maintained for Community
18 Development purposes as defined by applicable HUD provisions to ensure maximum feasible benefit
19 and utilization of the project by low- and moderate -income persons.
20 2. That DIRECTOR shall periodically evaluate the CITY's progress in complying with the
21 terms of this Contract. CITY shall cooperate fully during such monitoring. DIRECTOR shall report
22 the findings of each monitoring to the CITY. DIRECTOR may, at his discretion, report said findings
23 to the Orange County Board of Supervisors. If it is determined by the Board of Supervisors that CITY
24 performance or progress on performance is unsatisfactory, the Board of Supervisors may withhold
25 further funding on the project pending resolution of the unsatisfactory condition(s), or may terminate this
26 Contract as prescribed in 24 CFR 85.43 and 85.44. In addition, the Board of Supervisors may require
27 the CITY to reimburse COUNTY any funds that it determines to be improperly expended or not
28 expended on the project in a timely manner based on applicable CDBG Program Regulations.
29 -5-
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
0 0
Contract No. EC41642
3. To be responsible for design and inspection, including funding the costs related to those
activities, unless funding for design and inspection activities is provided for in Section I.D. of this
Contract.
4. If this contract is a construction project, submit the Construction Bid Package for this project
to DIRECTOR for review prior to advertising for bids on the construction contract or prior to award of
such a contract if an alternative method of award is used CITY shall not advertise for bids until
DIRECTOR has approved Construction Bid Package. CITY shall construct project in accordance with
the Construction Bid Package which DIRECTOR approved unless prior written approval is received
from DIRECTOR for modification therefrom.
5. That this Contract is conditional upon COUNTY being funded by HUD, and the release of
to COUNTY.
6. That this Contract is also conditional upon complying with HUD Environmental Review
under HUD regulations at Title 24 CFR, Parts 50 and 58 which implement Section 102 (2)(c) of the
National Environmental Policy Act of 1969.
7. To provide requested materials to COUNTY for the Environmental Review process requested
HUD. This process may take-up ninety (90) days.
MODIRCATIONS(IRANSFERS
1. Any proposed modification or change in use of real property acquired or improved in whole
in part by CDBG funds from that planned at the time of the acquisition or improvement, including
must be reported by CITY to the COUNTY and receive COUNTY concurrence thereto in
of implementing the modification or change in use.
2. The CITY shall transfer to COUNTY any CDBG funds on hand at the time of Contract
ration and any accounts receivable attributable to the use of CDBG funds. The CITY shall ensure
any real property under the CITY's control that was acquired or improved in whole or in part with
3G funds in excess of $25,000 is either:
(a) Used to meet one of the national objectives in 24 CFR 570.208 until five years after
ration of the contract; or,
CS
I
Contract No. EC41642
2 (b) Is disposed of in a manner which results in the COUNTY being reimbursed in the amount
3 of the current fair market value of the property less any portion thereof attributable to expenditures of
4 non-CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not
5 required after the period of time specified in accordance 2(a) above.
6 E. AUDIT
7 1. CITY shall obtain an annual audit performed in accordance with OMB Circular A-128 and
8 forward a copy to DIRECTOR within 180 days after the end of each accounting year. DIRECTOR
9 shall have the right to ensure that necessary corrective actions are made by the CITY for any audit
10 findings pertinent to CITY handling of funding attributable to the CDBG Program per Federal
11 requirements.
12
13 !!/
14
15
16
17
18
19
20
21
22 !f!
23
24
25 ui
26
27
28 ///
29 ///
-7-
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
• • Contract No. EC41642
IN WITNESS WHEREOF, CITY has caused this Contract to be executed by its Mayor
and attested by its Clerk; COUNTY has caused this Contract to be executed by the Director of
EMA/Housing and Redevelopment, all having been duly authorized by the City Council of CITY and the
Orange County Board of Supervisors.
APPROVED AS TO FORM:
ATTEST:
r
r
City Of San Juan Capistrano, a political subdivsion
of the State of California,
By:
Mayor Date
COUNTY OF ORANGE, a political
subdivision of the State of California
Dated:iT i I S �� \ By:
Dh Pusavat, Director
EMA-Housing and Redevelopment
llllllllllll/lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll!!lllll!lllllllll!!ll(!!lllll!(llllll!(llllllll(!1111/!l!lllllllll!!!1lllllllllll
APPROVED AS TO FORM:
TERRY ANDRUS, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
ORIGINAL
GRANTEE O AUDITOR
CONTROLLER
❑ CLERK OF THE BOARD
DATE: _ S -/ 7 ' S/ ITEM NO.3
BOARD RESOLUTIONNO.
COUNTY OF ORANGE: HOUSING/REDEVELD MENT
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
29
fo
GENFPMLPROVISIONS
A. General C gma=
Exhibit "A" to ATY/SUBRECIPIENT Contract
GENERAL CONDITIONS
The SUBRECIPIENT agrees to comply with all applicable federal, state and local laws andl
regulations governing the funds provided under this contract.
Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating
or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all
remain an independent contractor with respect to the services to be performed under this Contract.
COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life
insurance and Workers' Compensation Insurance as the SUBRECIPIENT is an
C. Hold Harmless
The SUBRECIPIENT shall hold harmless, defend and indemnify the GRANTEE from any
, actions, suits, charges and judgements whatsoever that arise out of the
or nonperformance of the services or subject matter called for in this Contract.
D. Workers' Compensation
The SUBRECIPIENT shall provide Workers' Compensation Insurance coverage for all employees
in the performance of this contract.
The SUBRECIPIENT shall cant' sufficient insurance coverage to protect contract assets from
to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity
covering all employees in an amount equal to cash advances from the COUNTY.
The SUBRECIPIENT shall comply with the bonding and insurance requirements of Attachment B
of OMB Circular A-110, Bonding and Insurance.
The SUBRECIPIENT shall insure recognition of the role of the grantor agency in
through this Contract. All activities, facilities and items utilized pursuant to this Contract shall be
-1-
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
29
30
Exhibit "A" to CO rY/SUBRECIPIENT Contract
labeled as to funding source. In addition, the SUBRECIPIENT will include a reference to
provided herein in all publications made possible with funds made available under this Contract.
COUNTY or SUBRECIPIENT may amend this Contract at any time provided that
amendments make specific reference to this Contract, and are executed in writing, signed by a duly
of both organizations, and approved by the COUNTY's governing body. Such
shall not invalidate this Contract, nor relieve or release COUNTY or SUBRECIPIENT from its
this Contract. Any proposed amendment to this Contract shall be submitted to and approved by
COUNTY, prior to commencement by COUNTY of any activity covered by said amendment.
COUNTY may, in its discretion, amend this Contract to conform with federal, state or
governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments
result in a change in the funding, the scope of services, or schedule of, the activities to be undertaken as part
of this Contract, such modifications will be incorporated only by written amendment signed by both
COUNTY and SUBRECIPIENT.
H. Suspension or Termination
In the event of SUBRECIPIENT's failure to comply with the provisions of this Contract
pursuant to 24 CFR 85.43 and 85.44, COUNTY may withhold or require SUBRECIPIENT reimbursement
of funds, and/or terminate this Contract, and/or allocate funds previously assigned to this Contract to another
eligible project(s) within the Urban County.
Either party may terminate this Contract at any time by giving written notice to the other party
such termination and specifying the effective date thereof at least 30 days before the effective date of such
termination. Partial terminations of the Scope of Service in Paragraph I.A above may only be undertaken with
the prior approval of (grantee). In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by
SUBRECIPIENT under this Contract shall, at the option of the COUNTY become the property of the
and SUBRECIPIENT shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents or materials prior to the termination.
COUNTY may also suspend or terminate this Contract, in whole or in part, if SUBRECIPIENT
materially fails to comply with any term of this Contract, or with any of the rules, regulations or
referred to herein; and the COUNTY may declare the SUBRECIPIENT ineligible for any further
-2-
Exhibit "A" to AY/SUBRECIPIENT Contract
1 in COUNTY contracts, in addition to other remedies as provided by law. In the event there is probable cau
2 to believe the SUBRECIPIENT is in noncompliance with any applicable rules or regulations, the COUNT
3 may withhold up to fifteen (15) percent of said contract funds until such time as the SUBRECIPIENT is fou
4 to be in compliance by the COUNTY, or is otherwise adjudicated to be in compliance.
5 II. ADMINISTRATIVE REQUIREMENTS
6 A. Financial Management
7 1. Accounting Standards
8 The SUBRECIPIENT agrees to comply with Attachment C of OMB Circular A-110 and agre
9 to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, a
10 maintain necessary source documentation for all costs incurred.
11 2. Cost Principles
12 The SUBRECIPIENT shall administer its program in conformance with OMB Circulars
13 A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educatior
14 Institutions," as applicable; (and if the SUBRECIPIENT is a governmental or quasi -governmental agency, t
15 applicable sections of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperati
16 Contracts to State and Local Governments,") for all costs incurred whether charged on a direct or indica
17 basis.
18 B. Documentation and Record-Keep_tne
19 1. Records to be Maintained
20 The SUBRECIPIENT shall maintain all records required by the federal regulations specified
21 24 CFR Parts 570.503(b)(2), 570.506, 570.5078 and that are pertinent to the activities to be funded under it
22 II Contract. Such records shall include but not be limited to
23
a. Records providing a full description of each activity undertaken;
24
b. Records demonstrating that each activity undertaken meets one of the National Objectives
25
of the CDBG program;
26
c. Records required to determine the eligibility of activities;
27
d. Records required to document the acquisition, improvement, use or disposition of real
28
property acquired or improved with CDBG assistance;
29
e. Records documenting compliance with the fair housing and equal opportunity components
30
of the CDBG program;
-3
Exhibit "A" to COL fY/SUBRECIPIENT Contract
1 f. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-110; and
2 g. Other records necessary to document compliance with Subpart K of 24 CFR 570.
3 These records shall be kept available at SUBRECIPIENT's office during the project's contract period
4 and thereafter for three (3) years from the date SUBRECIPIENT receives final payment from this contract.
5 2. Retention
6 The SUBRECIPIENT shall retain all records pertinent to expenditures incurred under this
7 contract for a period of three (3) years after the termination of all activities funded under this Contract, or after
8 the resolution of all Federal audit findings, which ever occurs later. Records for non -expendable property
9 acquired with funds under this Contract shall be retained for three (3) years after final disposition of such
10 property. Records for any displaced person must be kept for three (3) years after he/she has received final)
11 payment.
12 3. Client Data
13 The SUBRECIPIENT shall maintain client data demonstrating client eligibility for services,
14 provided. Such data shall include, but not be limited to, client name, address, income level or other basis for
15 determining eligibility, and description of service provided. Such information shall be made available to
16 COUNTY monitors or their designees for review upon request.
17 4. Property Records
18 The SUBRECIPIENT shall maintain real property inventory records which clearly identify
19 properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria and shall
20 conform with the "changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8).
21 5. National Obiectives
22 The SUBRECIPIENT agrees to maintain documentation that demonstrates that the activities
23 carried out with funds provided under this Contract meet one or more of the CDBG program's national
24 objectives: 1) benefit low/moderate income persons, 2) aid in the prevention or elimination of slums or
25 blight, 3) meet community development needs having a particular urgency - as defined in 24 CFR Part
26 570.208.
27 6. Close -Outs
28 SUBRECIPIENT obligation to the COUNTY shall not end until all close-out requirements are
29 completed. Activities during this close-out period shall include, but are not limited to; making final payments,
30 disposing of program assets (including the return of all unused materials, equipment, unspent cash advances,
-4-
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
29
30
• Exhibit "A" to CO`rY/SUBRECIPIENT Contract
income balances, and receivable accounts to the COUNTY and determining the custodianship
All SUBRECIPIENT records with respect to any matters covered by this Contract shall be
available to the COUNTY, grantor agency, their designees or the Federal Government, at any time
g normal business hours, as often as the COUNTY or grantor agency deems necessary, to audit,
ine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be
cleared by the SUBRECIPIENT with 30 days after receipt by the SUBRECIPIENT. Failure of the
to comply with the above audit requirements will constitute a violation of this Contract
result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an
agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits.
The SUBRECIPIENT will submit a detailed contract budget of a form and content
by the COUNTY for approval by the COUNTY. The COUNTY and the SUBRECIPIENT may agree
the budget from time to time in accordance with existing COUNTY policies.
' . 'J2: • .
The SUBRECIPIENT shall report quarterly all program income as defined at 24
generated by activities carried out with CDBG funds made available under this Contract. The
program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR
way of further limitation, the SUBRECIPIENT may use such income during the contract period
permitted under this Contract and shall reduce request for additional funds by the amount of any
income balances on hand. All unused program income shall be returned to the COUNTY at the
the contract period. Any interest earned on cash advances from the U.S. Treasury is not program
and shall be remitted promptly to the COUNTY.
Program income generated from cash advance and/or the mere holding of CDBG funds
be paid to the COUNTY per 24 CFR 570.504(c) for subsequent return to HUD.
Any program income generated from the sale, transfer or change in the use of assets (e.g.
acquired or improved in whole or in part by CDBG funds must be returned to the COUNTY in
to the CDBG contribution thereof.
-5-
Exhibit "A" to CO�_4TY/SUBRECIPIENT Contract
1 The SUBRECIPIENT may retain all program income only if that program income is used
2 exclusively for eligible activities, subject to the "DIRECTOR's" review, and in accordance with all CDBG
3 requirements as may then apply.
4 SUBRECIPIENT shall keep and maintain appropriate records on the use of any such program
5 income as may be required by EMA staff since the COUNTY has the responsibility of monitoring and
6 reporting program income to HUD.
7 In the event of SUBRECIPIENT close-out or change in status of the participating
8 SUBRECIPIENT in the Urban County CDBG Program, any program income at that time or received
9 subsequent to the close-out or change in status shall be paid by SUBRECIPIENT to the COUNTY within 90
10 days thereafter.
11 3. Indirect Costs
12 If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan
13 for determining the appropriate COUNTY share of administrative costs and shall submit such plan to the
14 COUNTY for approval.
15 4. Pavment Procedures
16 a. The COUNTY will pay to the SUBRECIPIENT funds available under this Contract based
17 upon information submitted by the SUBRECIPIENT and consistent with any approved budget and COUNTY
18 policy concerning payments. With the exception of certain advances, payments will be made for eligible
19 expenses actually incurred by the SUBRECIPIENT, and not to exceed actual cash requirements. Payments
20 will be adjusted by the COUNTY in accordance with advance fund and program income balances available in
21 SUBRECIPIENT accounts. In addition, the COUNTY reserves the right to liquidate funds available under
22 this Contract for costs incurred by the COUNTY on behalf of the SUBRECIPIENT.
23 a. Payment by the COUNTY to SUBRECIPIENT shall be on a reimbursable basis unless
24 SUBRECIPIENT has been authorized and issued a cash advance at the discretion of the DIRECTOR under
25
26
27
28
29
Contract.
b. The SUBRECIPIENT is permitted one (1) cash advance under this Contract and it may
made by the DIRECTOR to SUBRECIPIENT if the following conditions are met:
(1) SUBRECIPIENT has demonstrated to DIRECTOR through certification in a
by DIRECTOR and subsequently through performance, its willingness and capacity to
0
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
29
30
• Exhibit "A" to CATrY/SUBRECIPIENT Contract
SUBRECIPIENT financial procedures that will minimize the time elapsing between the receipt of funds
disbursement of such funds.
(2) SUBRECIPIENT certifies to DIRECTOR, that SUBRECIPIENT's
system meets the standards for fund control and accountability as directed in 24 CFR
if a governmental Subrecipient, and 24 CFR 570.502(b), if a non-governmental recipient; and as prescribed
Office of Management and Budget Circular A-87, if a governmental Subrecipient, and Office
and Budget Circulars A-122 and A-21 if a non-governmental Subrecipient, as periodically amended.
(3) SUBRECIPIENT complies with EMA financial cash advance procedures as
by HUD in 24 CFR 85.21 Payment regulations and the United States Treasury regulations described in 31
CFR Part 205. These procedures require that upon written receipt of funds from the COUNTY,
SUBRECIPIENT shall disburse payment(s) to vendor(s) within five (5) working days and submit evidence
such disbursements) (i.e., warrant copies, etc.) to the DIRECTOR.
c. If SUBRECIPIENT is subsequently found, by DIRECTOR, to be in noncompliance
Section 6.b.(1) through Section 6.b.(3), SUBRECIPIENT shall in the future be paid on a reimbursable basis.
d. Reimbursable basis payments, as referred to in Section 6.a. and/or cash advance described
in Section 6.b. shall be made in accordance with EMA financial procedures. In the event of conflict between
EMA financial procedures and any applicable statutes, rules or regulations of HUD, including Office of
Management and Budget Circular No. A-87, if a governmental Subrecipient, and Office of Management
Budget Circular's A-122 and A-21 ,if a non-governmental, the latter shall prevail.
Where contract funds are withheld, and at the request and expense of SUBRECIPIENT,
COUNTY will accept securities equivalent to the amount withheld. Such substituted security, meeting the
requirements of Government Code Section 4590, shall be deposited with COUNTY, or with a State or
Federally chartered bank as escrow agent. If security is deposited with an escrow agent, it shall be covered by
an escrow agreement.
The SUBRECIPIENT shall submit regular Progress Reports to the COUNTY in the
content, and frequency as required by the COUNTY.
-7-
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
29
30
Exhibit "A" to COLrfTY/SUBRECIPIENT Contract
W -Pi f u
1. Compliance
The SUBRECIPIENT shall comply with current COUNTY policy concerning the purchase
and shall maintain an inventory record of all non -expendable personal property as defined by such
as may be procured with funds provided herein. All program assets (unexpended program income,
equipment, etc.) shall revert to the COUNTY upon termination of this Contract.
The SUBRECIPIENT shall procure materials in accordance with the requirements
-nt O of OMB Circular A-110. Procurement Standards, and shall subsequently follow Attachment N,
Management Standards, covering utilization and disposal of property.
3. Travel
The SUBRECIPIENT shall obtain written approval from the COUNTY for any travel outside
metropolitan area with funds provided under this Contract.
4. Relocation. Acquisition and Displacement
The SUBRECIPIENT agrees to comply with 24 CFR 570.606 relating to the
and disposition of all real property utilizing grant funds, and to the displacement of persons,
nonprofit organizations and farms occurring as a direct result of any acquisition of real property utilizing
The SUBRECIPIENT agrees to comply with applicable COUNTY Ordinances, Resolutions,
Policies concerning displacement of individuals from their residences.
I1I. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rizhts
1. Compliance
The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964
amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of the Title I of the Housing
Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with
Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11246 as amended by Executive Orders 11375 and 12086.
2. Nondiscrimination
The SUBRECIPIENT will not discriminate against any employee or applicant for
because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
-8-
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
29
30
• Exhibit "A" to COIINTY/SUBRECIPIENT Contract
status, or status with regard to public assistance. The SUBRECIPIENT will take affirmative action to insure
all employment practices are free from such discrimination. Such employment practices include but
limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising,
termination, rates of pay or other forms of compensation, and selection for training,
The SUBRECIPIENT agrees to post in conspicuous places, available to employees and
for employment, notices to be provided by the contracting agency setting forth the provisions of this
clause.
The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant
with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706) which
discrimination against the handicapped in any federally assisted program. The COUNTY shall provide
SUBRECIPIENT with any guidelines necessary for compliance with that portion of the regulations in
during the term of this Contract.
B. Affirmative Action
1. Agproved Plan
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the
an Affirmative Action Program in keeping with the principles as provided in
Order 11246 of September 24, 1985. The (Grantee) shall provide Affirmative Action guidelines
SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a
an Affirmative Action Program for approval prior to the award of funds.
2. VAME
The SUBRECIPIENT will use its best efforts to afford minority and women -owned
the maximum practicable opportunity to participate in the performance of this Contract. As used
contract, the term "minority and female business enterprise" means a business at least fifty-one (51
owned and controlled by minority group members or women. For the purpose of this
"minority group members" are Afro-Americans, Spanish speaking, Spanish surnamed or
Asian -Americans, and American Indians. The Subrecipient may rely on written representations
SUBRECIPIENTs regarding their status as minority and female business enterprises in lieu of an
0
Exhibit "A" to COt rY/SUBRECIPIENT Contract
1 3. Access to Records
2 The SUBRECIPIENT shall furnish and cause each of its sub-SUBRECIPIENTs to fumish s
3 information and reports required hereunder and will permit access to its books, records and accounts by d
4 COUNTY, HUD or its agents, or other authorized federal officials for purposes of investigation to ascerta
5 compliance with the rules, regulations and provisions stated herein.
6 4. Notifications
7 The SUBRECIPIENT will send to each labor union or representative of workers with which
8 has a collective bargaining Contract or other contract or understanding, a notice, to be provided by the agency
9 contracting officer, advising the labor union or worker's representative of the SUBRECIPIENT's
10 commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and
11 applicants for employment.
12 5. EEO/AA Statement
13 The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or
14 behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer.
15 6. Subcontract Provisions
16 The SUBRECIPIENT will include the provisions of Paragraphs VIII A, Civil Rights, and
17 Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that st
18 provisions will be binding upon each subSUBRECIPIENT or vendor.
19 C. Employment Restrictions
20 1. Prohibited Activity
21 The SUBRECIPIENT is prohibited from using funds provided herein or personnel emplo,
22 in the administration of the program for political activities, sectarian, or religious activities; lobbying, politi
23 patronage, and nepotism activities.
24 2. OSHA
25 Where employees are engaged in activities not covered under the Occupational Safety s
26 Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildv
27 or surroundings or under working conditions which are unsanitary, hazardous or dangerous to
28 participants' health or safety.
29 N
30 II///
-10-
• Exhibit "A" to C&YISUBRECIPIENT Contract
1 3. Labor Standards
2 The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in
3 accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours, the Safety
4 Standards Act, the Copeland "Anti -Kickback" Act (40 U.S.C. 276, 327-333) and all other applicable federal,
5 state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance
6 of this Contract. The SUBRECIPIENT shall maintain documentation which demonstrates compliance with
7 hour and wage requirements of this part. Such documentation shall be made available to the COUNTY for
8 review upon request.
9 The SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of
10 residential property designed for residential use for less than eight (8) households, all contractors engaged
11 under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed
12 in whole or in part with assistance provided under this contract, shall comply with federal requirements
13 adopted by the COUNTY pertaining to such contracts and with the applicable requirements of the regulations
14 of the Department of Labor, under 29 CFR, Parts 3, 1, 5 and 7 governing the payment of wages and ratio of
15 apprentices and trainees to journeymen; provided, that if wage rates higher than those required under the
16 regulations are imposed by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT of
17 its obligation, if any, to require payment of the higher rate. The SUBRECIPIENT shall cause or require to be
18 inserted in full, in all such Contracts subject to such regulations, provisions meeting the requirements of this
19 paragraph, for such Contracts in excess of $10,000.00
20 4. "Section 3" Clause
21 a. Compliance
22 Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and
23 all applicable rules and orders issued hereunder prior to the execution of this Contract, shall be a condition of
24 the federal financial assistance provided under this Contract and binding upon the COUNTY, the
25 SUBRECIPIENT and any subSUBRECIPIENTs. Failure to fulfill these requirements shall subject the
26 COUNTY, the SUBRECIPIENT and any subSUBRECIPIENTs, their successors and assigns, to those
27 sanctions specified by the Contract through which federal assistance is provided. The SUBRECIPIENT
28 certifies and agrees that no contractual or other disability exists which would prevent compliance with
29 Ireouirements.
-11-
Exhibit "A" to COUNTY/SUBRECIPIENT Contract
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and
2 include the following language in all subcontract executed under this Contract:
3 "The work to be performed under this Contract is a project assigned under a progra
4 providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of t
5 Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3 requires that to t
6 greatest extent feasible opportunities for training and employment be given to lower income residents of t
7 project area and contracts for work in connection with the project be awarded to business concerns which
8 located in, or owned in substantial part by persons residing in the areas of the project."
9 The SUBRECIPIENT certifies and agrees that no contractual or other disability exi
10 which would prevent compliance with the requirements.
11 b. Notifications
12 The SUBRECIPIENT agrees to send to each labor organization or representative
13 workers with which it has a collective bargaining Contract or other contract or understanding, if any, a nod
14 advising said labor organization or worker's representative of its commitments under this Section 3 clause a
15 shall post copies of the notice in conspicuous places available to employees and applicants for employment
16 training.
17 c. Subcontracts
18 The SUBRECIPIENT will include Section 3 clause in every subcontract and will to
19 appropriate action pursuant to the subcontract upon a finding that the subSUBRECIPIENT is in violation
20 regulations issued by the Grantor Agency. The SUBRECIPIENT will not subcontract with a
21 subSUBRECIPIENT where it has notice or knowledge that the latter has been found in violation
22 regulations under 24 CFR 135 and will not let any subcontract unless the subSUBRECIPIENT has ft
23 provided it with a preliminary statement of ability to comply with the requirements of these regulations.
24 D. Conduct
25 1. Assignability
26 The SUBRECIPIENT shall not assign or transfer any interest in this Contract without the pr.
27 written consent of the COUNTY thereto; provided, however, that claims for money due or to become due
28 the SUBRECIPIENT from the COUNTY under this Contract may be assigned to a bank, trust company,
29 other financial institution without much approval. Notice of any such assignment or transfer shall
30 furnished promptly to the COUNTY.
-12-
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
29
30
• Exhibit "A" to C*rrY/SUBRECIPIENT Contract
2. Hatch Act
The SUBRECIPIENT agrees that no funds provided, nor personnel employed under
shall be in any way or to any extent engaged in the conduct of political activities in violation
15 of Title V United State Code.
KWOMI, h S
The SUBRECIPIENT agrees to abide by the provisions of 24 CFR 570.611 with respect to
of interest, and covenants that if presently has no financial interest and shall not acquire any
direct or indirect, which would conflict in any manner or degree with the performance of
under this Contract. The SUBRECIPIENT further covenants that in the performance of this
person having such a financial interest shall be employed or retained by the SUBRECIPIENT hereunder.
conflict of interest provisions apply to any person who is a employee, agent, consultant, officer,
official or appointed official of the COUNTY or of any designated public agencies
SUBRECIPIENTs which are receiving funds under the CDBG Entitlement program.
a. AWrovals
The SUBRECIPIENT shall not enter into any subcontracts with any agency or
the performance of this Contract without the written consent of the COUNTY prior to the execution of
b. Monitorine
The SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure
compliance. Result of monitoring efforts shall be summarized in written reports and supported
evidence of follow-up actions taken to correct areas of the noncompliance.
c. Content
The SUBRECIPIENT shall cause all of the provisions of this Contract in its entirety to be
in and made a part of any subcontract executed in the performance of this Contract.
d. Section Process
The SUBRECIPIENT shall undertake to insure that all subcontracts let in the performance
this Contract shall be awarded on a fair and open competition basis. Executed copies of all subcontracts
be forwarded to the COUNTY along with documentation concerning the selection process.
-13-
Exhibit "A" to COL.+ 17Y/SUBRECIPIENT Contract
1 5. Covvrieht
2 If this contract results in any copyrightable material, the COUNTY and/or grantor agency
3 reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwide use
4 and to authorize others to use, the work for government purposes.
5 6. The SUBRECIPIENT agrees that funds provided under this contract will not be utilized for
6 religious activities, to promote religious interest, or for the benefit of a religious organization in accordance
7 with the federal regulations specified in 24 CFR 570.200(j).
8 6. Religious OreanizAtion
9 The Subrecipient agrees that funds provided under this contract will not be utilized for religious
10 activities, to promote religious interests, or for the benefit of a religious organization in accordance with the
11 federal regulations specified in 24 CFR 570.200(j).
12 IV. ENVIRONMENTAL CONDITIONS
13 A. Air and Water
14 The SUBRECIPIENT agrees to comply with the following regulations insofar as they apply to the
15 performance of this Contract:
16 o Clean Air Act, 42 U.S.C., 1857, et seq.
17 o Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended
18 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements
19 specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.
20 o Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R, Part 50, as
21 amended.
22 o National Environmental Policy Act of 1969.
23 o HUD Environmental Review Procedures (24 CFR, Part 58).
24 B. Flood Disaster Protection
25 The SUBRECIPIENT agrees to comply with the requirements of the Flood Disaster Protection act
26 of 1973 (P.L. 2234) in regard to the sale, lease or other transfer of land acquired, cleared or improved under
27 the terms of this contract, as it may apply to the provisions of this contract.
28 C. Lead -Based Paint
29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
30 assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR
-14-
• Exhibit "A" to C*4TY/SUBRECIPIENT Contract
1 570.608, and 24 CFR Part 35, and in particular Sub -Part B thereof. Such regulations pertain to all HUD -
2 assisted housing and require that all owners, prospective owners, and tenants or properties constructed prior
3 Ito 1978 be properly notified that such properties may include lead-based paint. Such notification shall point
4 out the hazards of lead-based paint and explain the symptoms, up-atrnent and precautions that should be taken
5 when dealing with lead-based paint poisoning.
6 D. Historic Preservation
7 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
8 National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36
9 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties,
10 insofar as they apply to the performance of this contact.
it In general, this requires concurrence from the State Historic Preservation Officer for all
12 rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a
13 Federal, State, or local historic property list.
14
15
16
17
18
19
20
21
22
23
GS/BJGMW5A2-5
24
(06/07/94)
-15-
` Gty Souncary
Census Trac: Sou ncary �i
JUA N C�A PJSTIR_? 0
using & _ceve!c^ment j v_RON2-NiiEN= `71 \-G .IY='NT AG�tiC ���
0
EXHIBIT "C"
PROPERTY REHABILITATION STANDARDS
FOR
RESIDENTIAL PROPERTIES
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING/COMMUNITY DEVELOPMENT DIVISION
April 7, 1983
TABLE OF CONTENTS
PAGE
INTRODUCTION i
CHAPTER 1 TITLE AND SCOPE 1
CHAPTER 2 ENFORCEMENT 1
CHAPTER 3 PERMITS AND INSPECTIONS 3
CHAPTER 4 DEFINITIONS 3
CHAPTER 5 SPACE AND OCCUPANCY 4
CHAPTER
6
STRUCTURAL REQUIREMENTS 6
CHAPTER
7
MECHANICAL REQUIREMENTS 6
CHAPTER
8
EXISTS 9
CHAPTER 9 FIRE PROTECTION 10
CHAPTER 10
SUBSTANDARD BUILDINGS 10
CHAPTER 11
ENERGY CONSERVATION 12
CHAPTER 12
REQUIREMENTS FOR PHYSICALLY HANDICAPPED 12
INTRODUCTION
The "Property Rehabilitation Standards" (PRS) as denoted herein
have been established after considering many codes and
suggestions by the Federal Housing Administration. These PRS are
the Uniform Housing Code, 1979 Edition, except for some minor
revisions and additions, and shall be the guide for the County in
implementing its Home Improvement Program.
These PRS shall constitute the basis of the working agreement
between the Department of Housing and Urban Development (HUD) and
the County of Orange. They shall apply to all residential
properties in areas designated by the County as eligible for
rehabilitation.
Where the HUD Minimum Property Standards are more restrictive,
those standards shall apply. It is recognized that the PRS are
minimum property standards and not ideal property standards.
Where actual rehabilitation occurs, replacements may be required
which go beyond the minimum standards in order that the CDBG
funds be utilized in a more effective manner and a longer lasting
repair be made to structures. For example, in areas where there
is a generally recognized condition of expansive soils, larger
footings may be required by H/CD. Additionally it is recognized
that a flexible interpretation of the Uniform Building Code is
utilized in the Home Improvement Program since to require an
existing older dwelling to conform 100% to the Uniform Building
Code may be cost prohibitive.
i
Chapter 1
TITLE AND SCOPE
TITLE
Sec. 101. These Property Rehabilitation Standards are to be
referred to herein as PRS.
PURPOSE
Sec. 102. The purpose of these PRS is to provide minimum
standards to safeguard life, limb, health, property, safety, and
welfare of the general public and the owners and occupants of
residential buildings within jurisdiction of the County of Orange
and those cities whose rehabilitation programs are administered
by the County of Orange.
SCOPE
Sec. 103. (a) Application. The provisions of these PRS
shall apply to all buildings or portions thereof used, or
designed, or intended to be used, for human habitation. Such
occupancies in existing buildings may be continued as provided in
Section 104 (G) of the Building Code, except such structures as
are found to be substandard as defined in these PRS.
Where any building or portion thereof is used or intended to
be used as a combination apartment house -hotel, the provisions of
the PRS shall apply to the separate portions as if they were
separate buildings.
Every rooming house or lodging housing shall comply with all
requirements of these PRS for dwellings.
(b) Alteration. Existing buildings which are altered or
enlarged shall be made to conform to these PRS insofar as the new
work is concerned and in accordance with Section 104 (a) and (b),
of the Building Code. However, exceptions may be permitted
provided health, safety, and general welfare of persons concerned
are not adversely affected.
(c) Relocation. Buildings or structures moved into or
within the jurisdiction shall comply with the requirements in the
Relocated Buildings Code for new buildings and structures.
Chapter 2
ENFORCEMENT
GENERAL
Sec. 201. (a) Authority. The Housing and Community
Development Manager is hereby authorized and directed to
administer and enforce all of the provisions of these PRS.
-1-
(b) Right of Entry. Whenever necessary to make an
inspection to enforce any of the provisions of these PRS, or
whenever the Housing and Community Development Manager or his
authorized representative has reasonable cause to believe that
there exists in any building or upon any premises, any condition
which make such building or premises unsafe, dangerous,
hazardous, or substandard as defined in Section 202 of these PRS,
the Housing and Community Development Manager or his authorized
representative may enter such building or premises at all
reasonable times to inspect the same or to perform any duty
imposed upon the Housing and Community Manager by these PRS;
provided that if such building or premises were occupied, he
shall first present proper credentials and demand entry; and if
such building or premises be unoccupied, he shall first make a
reasonable effort to locate the owner or other persons having
charge or control of the building or premises and demand entry.
If such entry is refused, the Housing and Community Development
Manager or his authorized representative shall have recourse to
every remedy provided by law to secure entry.
No owner or occupant or other person having charge, care or
control of any building or premises shall fail or neglect, after
proper demand is made as herein provided, to promptly permit
entry therein by the Housing and Community Development Manager or
his authorized representative for the purpose of inspection and
examination pursuant to these PRS. Any person violating this
subsection shall be guilty of a misdemeanor.
(c) Responsibilities Defined. Every owner remains liable
for violations of duties imposed upon him by these PRS even
through an obligation is also imposed on the occupants of his
building, and even though the owner has, by agreement, imposed on
the occupant the duty of furnishing required equipment or of
complying with these PRS.
Every owner, or his agent, in addition to being responsible
for maintaining his building in a sound structural condition,
shall be responsible for keeping that part of the building or
premises which he occupies or controls in a clean, sanitary, and
safe condition including the shared or public areas in a building
containing two or more dwelling units.
Every owner shall, where required by these PRS, the health
ordinance or the health officer, furnish and maintain such
approved devices, equipment, or facilities for the prevention of
insect and rodent infestation, and where infestation has taken
place, shall be responsible for the extermination of any insects,
rodents, or other pests when such extermination is not
specifically made the responsibility of the occupant by law or
ruling.
Every occupant of a dwelling unit, in additional to being
responsible for keeping in a clean, sanitary, and safe condition
that part of the dwelling or dwelling unit or premises which he
occupies and controls, shall dispose of all his rubbish, garbage,
-2-
and other organic waste in a manner required by other laws and
regulations.
Every occupant shall, where require
other laws and regulations, furnish and
devices, equipment or facilities necessa
safe and sanitary.
SUBSTANDARD BUILDINGS
d by these PRS and by
maintain approved
ry to keep his premises
Sec. 202. All buildings or portions thereof which are
determined to be substandard as defined in these PRS are hereby
declared to be public nuisances and shall be abated by repair,
rehabilitation, demolition, or removal in accordance with
procedure specified in Chapter 2, as amended (Ordinance 3062).
Chapter 3
PERMITS AND INSPECTIONS
GENERAL
Sec. 301. No person, firm, or corporation shall erect,
construct, enlarge, alter, repair, move, improve, remove,
convert, or demolish any building or structure, or cause or
permit the same to be done, without first obtaining a separate
building permit for each such building or structure from the
Building Official in the manner and according to the applicable
conditions prescribed in Chapter 3 of the Building Code and in
Section 302 of Ordinance No. 3061.
FEES
Sec. 302. Whenever a building permit is required by Section
301 of these PRS, the appropriate fees shall be paid to the
Building Official as specified in Section 304 of the Building
Code and of Ordinance No. 3061.
INSPECTION
Sec. 303. All buildings or structures within the scope of
these PRS and all construction or work for which a permit is
required shall be subject to inspection by the Housing and
Community Development Manager and the Building Official in
accordance with and in the manner provided by these PRS and
Sections 305 and 306 of the Building Code.
-3-
Chapter 4
DEFINITIONS
Definitions
Sec. 401. For the purpose of these PRS, certain
abbreviations, terms, phrases, words, and their derivatives shall
be construed as specified in the Building Code.
BUILDING CODE shall mean the Uniform Building Code,
published by the International Conference of Building Officials
and the Code currently adopted by the Board of Supervisors.
EFFICIENCY LIVING UNIT. Efficiency living unit is a dwelling
unit containing only one habitable room and meeting the
requirements of Section 503(b), Exception.
HOT WATER. Hot water shall be water at a temperature of not
less than 100 degrees F.
MECHANICAL CODE shall mean the Uniform Mechanical Code,
published by the International Conference of Building Officials
and the International Association of Plumbing and Mechanical
Officials and the Code currently adopted by the Board of
Supervisors, County of Orange.
NUISANCE. The following shall be defied as
nuisances:
1. Any public nuisance known at common law or
in equity jurisprudence.
2. Any attractive nuisance which may prove
detrimental to children whether in a
building, on the premises of a building, or
upon an unoccupied lot. This includes any
abandoned wells, shafts, basements, or
excavations; abandoned refrigerators and
motor vehicles; or any structurally unsound
fences or structures; or any lumber, trash,
fences, debris, or vegetation which may
prove a hazard for inquisitive minors.
3. Whatever is dangerous to human life or is
detrimental to health, as determined by the
Housing and Community Development Manager.
4. Overcrowding a room with occupants.
5. Insufficient ventilation or illumination.
6. Inadequate or unsanitary sewage or plumbing
facilities.
-4-
7. Uncleanliness, as determined by the Housing
and Community Development Manager.
S. Whatever renders air, food, or drink
unwholesome or detrimental to the health of
human beings as determined by the Housing
and Community Development Manager.
Chapter 6
SPACE AND OCCUPANCY
LOCATION ON PROPERTY
Sec. 501. All buildings shall be located with respect to
property lines and to other buildings on the same property as
required by Section 504 and Part IV of the Building Code. Each
dwelling unit and each guest room in a dwelling or lodging house
shall have access to a passageway, not less than 3 feet in width,
leading to a public street or alley. Exist courts from apartment
houses to the public way shall be not less than 44 inches in
width and 7 feet in height.
YARDS AND COURTS
Sec. 502. (a) Scope. This Section shall apply to yards and
courts having required windows opening therein.
(b) Yards. Every yard shall be not less than 3 feet in
width for one-story and two-story buildings. For buildings more
than two stories in height the minimum width of the yard shall be
increased at the rate of 1 foot for each additional story. Where
yards completely surround the building, the required width may be
reduced by 1 foot. For buildings exceeding 14 stories in height,
the required width of yard shall be computed on the basis of 14
stories.
(c) Courts. Every court shall be not less than 3 feet in
width. Courts having windows opening on the opposite sides,
shall be not less than 6 feet in width. Courts bounded on three
or more sides by the walls of the building shall be not less than
10 feet in length unless bounded on one end by a street or yard.
For buildings more than two stories in height the court shall be
increased 1 foot in width and 2 feet in length for each
additionally story. For buildings exceeding 14 stories in
height, the required dimensions shall be computed on the basis of
14 stories.
Adequate access shall be provided to the bottom of all
courts for cleaning purposes. Every court more than two stories
in height shall be provided with a horizontal air intake at the
bottom not less than 10 square feet in area and leading to the
exterior of the building unless abutting a yard or public space.
-5-
The construction of the air intake shall be as required for the
court walls of the building, but in no case shall be less than
one-hour fire -resistive.
(d) Projection into Yards. Eaves and cornices may project
into any required yard not more than 2 inches for each foot of
yard width. Unroofed landings, porches and stairs may project in
any required yard provided no portion extends above the floor
level of a habitable room; and provided further that no such
projection shall obstruct a required exit way.
ROOM DIMENSION
Sec. 503. (a) Ceiling Heights. Habitable rooms or areas
shall have a ceiling height of not less than 7 feet 6 inches
except as otherwise permitted in this Section. Kitchens, halls,
bathrooms, and toilet compartments may have a ceiling height of
not less than 7 feet measured to the lowest projection from the
ceiling. Where exposed beam ceiling members are spaced at less
than 48 inches on center, the ceiling height shall be measured to
the bottom of these members. Where exposed ceiling members are
spaced at 48 inches or more on center, ceiling height shall be
measured to the bottom of the deck supported by these members
provided that the bottom of the members is not less than 7 feet
above the floor.
If any room in a building has a sloping ceiling, the
prescribed ceiling height for the room is required in only one-
half the area thereof. No portion of the room measuring less than
5 feet from the finished floor to the finished ceiling shall be
included in any computation of the minimum area thereof.
If any room has a furred ceiling, the prescribed ceiling
height is required in two-thirds the area thereof, but in no case
shall the height of the furred ceiling be less than 7 feet.
(b) Floor Area. Every dwelling unit shall have at least one
room which shall have not less than 150 square feet of floor
area. other habitable rooms except kitchens shall have an area
of not less than 70 square feet. Where more than two persons
occupy a room used for sleeping purposes the required floor area
shall be increased at the rate of 50 square feet for each
occupant in excess of two.
Additional sleeping rooms may be provided to obtain proper
separation of children or other dependents regarding sex.
EXCEPTION: Nothing in this Section shall prohibit
the use of an efficiency living unit within an
apartment house meeting the following
requirements:
1. The unit shall have a living room of not
less than 200 square feet of superficial
floor area. No additional 100 square feet
of superficial floor area shall be provided
for each occupant of such unit in excess of
two.
2. The unit shall be provided with a separate
closet.
3. The unit shall be provided with a kitchen
sink, cooking appliance and refrigeration
facilities each having a clear working
space of not less than 30 inches in front.
Light and ventilation conforming to these
PRS shall be provided.
4. The unit shall be provided with a separate
bathroom containing water closet, lavatory,
and bathtub or shower.
(c) Width. No habitable room other than a kitchen shall be
less than 7 feet in any dimension.
Each water closet stool shall be located in a clear space
not less than 30 inches in width and a clear space in front of
the water closet stool of not less than 24 inches shall be
provided.
Additional bathroom facilities may be provided in order to
alleviate an overcrowded condition.
LIGHT AND VENTILATION
Sec. 504. (a) Natural Light and Ventilation. All guest
rooms, dormitories, and habitable rooms within a dwelling unit
shall be provided with natural light by means of exterior glazed
openings with an area not less than one-tenth of the floor area
of such rooms with a minimum of 10 square
feet. All bathrooms, water closet compartment, laundry rooms and
similar
rooms shall be provided with natural ventilation by means of
openable exterior openings with an area not less than one -
twentieth of the floor area of such rooms with a minimum of 1 1/2
square feet.
All guest rooms, dormitories and habitable rooms within a
dwelling unit shall be provided with natural ventilation by means
of openable exterior openings with an area of not less than one -
twentieth of the floor area of such rooms with a minimum of 5
square feet.
-7-
(b) Origin of Light and Ventilation. Required exterior
openings for natural light and ventilation shall open directly
onto a street or public alley or a yard or court located on the
same lot as the building.
EXCEPTION: Required windows may open into a
roofed porch where the porch:
1. Abuts a street, yard, or court; and
2. Has a ceiling height of not less than 7
feet; and
3. Has the longer side of at least 65 percent
open and unobstructed.
A required window in a service room may open into a vent
shaft which is open and unobstructed to the sky and not less than
4 feet in least dimension. No vent shaft shall extend through
more than two stories.
For the purpose of determining light and ventilation
requirements, any room may be considered as a portion of an
adjoining room when one-half of the area of the common wall is
open and unobstructed and provides an opening of not less than
one-tenth of the floor area of the interior room or 25 square
feet, whichever is greater.
(c) Mechanical Ventilation. In lieu of required exterior
openings for natural ventilation, a mechanical ventilation system
may be provided. Such system shall be capable of providing two
air changes per hour in all guest rooms, dormitories, habitable
rooms, and in public corridors. One-fifth of the air supply
shall be taken from the outside. In bathrooms, water closet
compartments, laundry rooms, and similar rooms a mechanical
ventilation system connected directly to the outside, capable of
providing five air changes per hour, shall be provided.
(d) Hallways. All public hallways, stairs, and other exit
ways shall be adequately lighted at all times in accordance with
Section 3312(a) of the Building Code.
SANITATION
Sec. 505. (a) Dwelling Units. Every dwelling unit shall be
provided with a bathroom equipped with facilities consisting of a
water closet, a lavatory, and either a bathtub or shower.
(b) Hotels. Where private water closets, lavatories, and
baths are not provided, there shall be provided on each floor for
each sex at least one water closet and lavatory and one bath
C2:3=
accessible from a public hallway. Additional water closets,
lavatories, and baths shall be provided on each floor for each
sex at the rate of one for every additional guests, or fractional
number thereof in excess of 10. Such facilities shall be clearly
marked for "Men" and "Women".
(c) Kitchen. Each dwelling unit shall be provided with a
kitchen. Every kitchen shall be provided with a kitchen sink.
No wooden sink or sink or similarly absorbent material shall be
permitted.
(d) Fixtures. All plumbing fixtures shall be connected to
a sanitary sewer or to an approved private sewage disposal
system. All plumbing fixtures shall be connected to an approved
system of water supply and provided with hot and cold running
water necessary for its manual operation, except water closets
shall be provided with cold water only.
All plumbing fixtures shall be of an approved glazed
earthenware type or of a similarly nonabsorbent material.
(e) Water Closet Compartments. Walls and floors of water
closet compartments except in dwellings shall be finished in
accordance with Section 1711 of the Building Code.
In all occupancies, accessories such as grab bars, towel
bars, paper dispensers and soap dishes, etc., provided on or
within walls shall be installed and sealed to protect structural
elements from moisture.
(f) Room Separations. Every water closet, bathtub, or
shower required by these PRS shall be installed in a room which
will afford privacy to the occupant. A room in which a water
closet is located shall be separated from food preparation or
storage rooms by a tight -fitting door.
(g) Installation and Maintenance. All sanitary facilities
shall be installed and maintained in safe and sanitary condition
and in accordance with all applicable laws.
Chapter 6
STRUCTURAL REQUIREMENTS
GENERAL
Section. 601. (a) General. Buildings or structures may be
of any type of construction permitted by the Building Code.
Roofs, floors, walls, foundations, and all other structural
components of buildings shall be capable of resisting any and all
forces and loads to which they may be subjected. All structural
elements shall be proportioned and joined in accordance with the
stress limitations and design criteria as specified in the
appropriate sections of the Building Code. Buildings of every
permitted type of construction shall comply with the applicable
requirements of the Building Code.
(b) Shelter. Every building shall be weather protected so
as to provide shelter for the occupants against the elements and
to exclude dampness.
(c) Protection of Materials. All wood shall be protected
against termite damage and decay as provided in the Building
Code.
Chapter 7
MECHANICAL REQUIREMENTS
HEATING AND VENTILATION
Sec. 701. (a) Heating. Every dwelling unit and guest room
shall be provided with heating facilities capable of maintaining
a room temperature of 70 degrees F. at a point 3 feet above the
floor in all habitable rooms. Such facilities shall be installed
and maintained in a safe condition and in accordance with Chapter
37 of the Building Code, the Mechanical Code, and all other
applicable laws. No unvented fuel -burning heater shall be
permitted. All heating devices or appliances shall be of an
approved type.
(b) Electrical Equipment. All electrical equipment,
wiring, and appliances shall be installed and maintained in a
safe manner in accordance with all applicable laws. All
electrical equipment shall be of an approved type.
Where there is electrical power available within 300 feet of
the premises of any building, such building shall be connected to
such electrical power. Every habitable room shall contain at
least two supplied electric convenience outlets or one such
convenience outlet and one supplied electric light fixture.
Every water closet compartment, bathroom, laundry room, furnace
room, and public hallway shall contain at least one supplied
electric light fixture.
(c) Ventilation. Ventilation for rooms and areas and for
fuel -burning appliances shall be provided as required in the
Mechanical Code and in this Code. Where mechanical ventilation
is provided in lieu of the natural ventilation required by
Section 504 of this Code, such mechanical ventilating system
shall be maintained in operation during the occupancy of any
building or portion thereof.
-10-
Chapter 8
EXITS
GENERAL
Sec. 801. Every dwelling unit or guest room shall have
access directly to the outside or to a public corridor. All
buildings or portions thereof shall be provided with exits, exit
ways, and appurtenances as required by Chapter 33 of the Building
Code.
Every sleeping room below the fourth story shall have at
least one operable window or exterior door approved for emergency
egress or rescue. The units shall be operable from the inside to
provide a full clear opening without the use of separate tools.
All egress or rescue windows from sleeping rooms shall have
a minimum net clear opening of 5.7 square feet. The minimum net
clear opening height dimension shall be 24 inches. The minimum
net clear opening width dimension shall be 20 inches. Where
windows are provided as a means of egress or rescue they shall
have a finished sill height not more than 44 inches above the
floor.
Chapter 9
FIRE PROTECTION
GENERAL
Sec. 901. All buildings or portions thereof shall be
provided with the degree of fire -resistive construction as
required by the Building Code, for the appropriate occupancy,
type of construction, and location on property or in fire zone;
and shall be provided with the appropriate fire -extinguishing
systems or equipment required by Chapter 38 of the Building Code.
Chapter 10
SUBSTANDARD BUILDINGS
DEFINITION
Sec. 1001. (a) General. Any building or portion thereof
including any dwelling unit, guest room or suite of rooms, or the
premises on which the same is located, in which there exists any
of the following listed conditions to an extent that endangers
the life, limb, health, property, safety, or welfare of the
public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building.
Mac
0
(b) Inadequate Sanitation. Inadequate sanitation shall
include but not be limited to the following:
1. Lack of or improper water closet, lavatory,
bathtub or shower in a dwelling unit.
2. Lack of or improper water closets,
lavatories, and bathtubs or showers per
number of guests in a hotel.
3. Lack of or improper kitchen sink.
4. Lack of hot and cold running water to
plumbing fixtures in a hotel.
5. Lack of hot and cold running water to
plumbing fixtures in a dwelling unit.
6. Lack of adequate heating facilities.
7. Lack of or improper operation of required
ventilating equipment.
8. Lack of minimum amount of natural light and
ventilation required by these PRS.
9. Room and space dimensions less than
required by these PRS.
10. Lack of required electrical lighting.
11. Dampness of habitable rooms.
12. Infestation of insects, vermin or rodents
as determined by the Housing and Community
Development Manager.
13. General dilapidation or improper
maintenance.
14. Lack of connection to required sewage disposal
system.
15. Lack of adequate garbage and rubbish
storage and removal facilities as
determined by the Housing and Community
Development Manager.
(c) Structural Hazards. Structural hazards shall include but
not be limited to the following:
1. Deteriorated or inadequate foundations.
-12-
2. Defective or deteriorated flooring or
floor supports.
3. Flooring or floor support of
insufficient size to carry imposed loads
and safety.
4. Members of walls, partitions, or other
vertical supports that split, lean, list
or buckle due to defective material or
deterioration.
5. Members of walls,
vertical supports
insufficient size
with safety.
partitions, or other
that are of
to carry imposed loads
6. Members of ceilings, roofs, ceiling and
roof supports, or other horizontal which
sag, split, or buckle due to defective
material or deterioration.
7. Members of ceilings, roofs, ceiling and
roof supports, or their horizontal
members that are of insufficient size to
carry imposed loads with safety.
S. Fireplaces or chimneys which list,
bulge, or settle, due to defective
material or deterioration.
9. Fireplaces or chimneys which are of
insufficient size or strength to carry
imposed loads with safety.
10. Dangerous or deteriorating fences.
(d) Nuisance. Any nuisance as defined in these PRS.
(e) Hazardous Wiring. All wiring except that which conformed
with all applicable laws in effect to the time of installation
and which has been maintained in good condition and is being used
in a safe manner.
(f) Hazardous Plumbing. All plumbing except that which
conformed with all applicable laws in affect at the time of
installation and which has been maintained in good condition and
which is free of cross connections and siphonage between
fixtures.
(g) Hazardous Mechanical Equipment. All mechanical
equipment, including vents, except that which conformed with all
applicable laws in effect at the time of installation and which
has been maintained in good and safe condition.
-13-
• 0
(h) Faulty Weather Protection, which shall include but not be
limited to the following:
1. Deteriorated, crumbling, or loose
plaster.
2. Deteriorated or ineffective water
proofing of exterior walls, roof,
foundations, or floors, including
broken windows or doors.
3. Defective or lack of weather protection
for exterior wall coverings, including
lack of pant, or weathering due to lack
of paint or other approved protective
covering.
4. Broken, rotted, split, or buckled
exterior wall coverings or roof
coverings.
(i) Fire Hazard. Any building or portion thereof, device,
apparatus, equipment, combustible waste, or vegetation which, in
the opinion of the Orange County Fire Warden or his deputy, is in
such a condition as to cause a fire or explosion or provide a
ready fuel to augment the spread and intensity of fire explosion
arising from any cause.
(j) Faulty Materials of Construction. All materials of
construction except those which are specifically allowed or
approved by these PRS and the Building Code, and which have been
adequately maintained in good and safe condition.
(k) Hazardous or Unsanitary Premises. Those premises on
which an accumulation of weeds, vegetation, junk, dead organic
matter, debris, garbage, offal, rat harborages, stagnant water,
combustible materials, and similar materials or conditions
constitute fire, health or safety hazards.
(1) Inadequate Exits. All buildings or portions thereof not
provided with adequate exit facilities as required by these PRS
except those buildings or portions thereof whose exit facilities
conformed with all applicable laws at the time of their
construction and which have been adequately maintained and
increased in relation to any increase in occupant load,
alteration or addition, or any change in occupancy.
When an unsafe condition exists through lack of or
improper location of exits, additional exits may be required to
be installed.
-14-
(n) Inadequate Fire -protection or Fire -fighting Equipment.
All buildings or portions thereof which are not provided with the
fire -resistive construction of fire -extinguishing systems or
equipment required by these PRS, except those buildings or
portions thereof which conformed with all applicable laws at the
time of their construction and whose fire -resistive integrity and
fire -extinguishing systems or equipment have been adequately
maintained and improved in relation to any increase on occupant
load, alteration or addition, or any change in occupancy.
(o) Improper Occupancy. All buildings or portions thereof
occupied for living, sleeping, cooking or dining purposes which
are not designed or intended to be used for such occupancies.
Chapter 11
ENERGY CONSERVATION
GENERAL
Sec. 1101. (a) Energy Efficiency Performance Requirement.
Appropriate energy -conserving improvements such as insulation,
caulking, and weather -proofing must be accomplished by the owner
as part of the rehabilitation under this part, provided that
these improvements are determined to be cost effective over a
period of 15 years.
(b) Energy Conservation requirements in New Building
Construction shall comply with Chapter 53, Appendix of the U.B.C.
Chapter 12
REQUIREMENTS FOR PHYSICALLY HANDICAPPED
GENERAL
Sec. 1201. (a) Units accommodating physically handicapped
occupants with wheelchairs and other special equipment shall not
contain architectural barriers which impede access or use.
Handrails and ramps shall be provided as appropriate.
MM:ch5AW14-4
(3/20/92)
-15-
0
EMA-HOUSING AND REDEVELOPMENT
Authorized Signature Form
1. Name: City of San Juan Capistrano
32400 Paseo Adelanto
Address: San Juan Capistrano, CA 92675
2. Signatures of bidividua*Authorized to Sign Contracts
/ Collene Campbell, Mayor
3. Sign es of vidual s) Authorized to Request CDBG/HOME, etc. Funds for
Reimbursement
Only one signature required on
thiaRLeq Pest for Payment
m &�� �.
Typed Name, Signature, and Date
Typed Name, Signature, and Date
ary Raskin CiGt.' �a /1 /.:2
Typed Name, Signature, and Date Typed Name, Signature, and Date
4. I certify that the signatures above are S. Approved: (County Use)
of the individuals authorized to draw
Request for Payment for the cited
ure of City
Officer
Date and Signature of H/CD
Branch Officer
INSTRUCTIONS:
1. Complete name and address as City requires for proper identification of Depository
Account.
2. Complete name and address of City individual authorized by City Council to execute
Agreements/Contracts for CDBG, HOMES, etc. Please attach Council action/authority.
3. Type name of each authorized signer with original signature(s).
4. City Administrative Officer is to sign; if same officer signs under Item 3, Chief Executive
Officer should sign.
5. County Use.
E
December 9, 1994
Mr. Michael Chiaramonte
Environmental Management Agency - Housing
and Redevelopment
P. O. Box 4048
Santa Ana, California 92702-4048
Dear Mr. Chiaramonte:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY HAUSOORFER
GIL JONES
CAROLYN NASH
JEFF VASCJEZ
CITY MANAGER
GEORGE SCARBOROUGH
At their meeting of December 6, 1994, the City Council of the City of San Juan Capistrano
adopted Resolution No. 94-12-6-4, which approved the authorized the Mayor to sign the
Community Development Block Grant Contracts for Year 20.
The two Contracts, Contract EC41642 in the amount of $45,000 and EC41643 in the amount of
$7,500, with 5 signature pages apiece, have been signed by the City and are enclosed. Also
enclosed is a certified copy of Resolution No. 94-12-6-4. Upon approval by the Board of
Supervisors, please return one fully -executed copy of each Contract to the City Clerk's office.
Thank you for your cooperation. If we can be of further assistance, please call.
Very truly yours,
Cheryl Johnson
City Clerk
Enclosure
cc: Mary Raskin (with copies of Agreement)
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92673 0 (714) 499.1171
a
10.
11
0
Camino Del Avion Sidewalk
Miscellaneous Design Services
Bike Trail Maintenance
Annual Driveway Apron Rehab.
Erosion Control Public ROW
L
12-65300-4710-104
12-65300-4703-132
12-65300-4703-111
12-65300-4703-116
12-65300-4703-117
From $15, 000 to $13 , 000
From$40,000to $36,000
From$98,000to $88,500
From$10,000 to $ 8,000
From$25,000to $22,000
As set forth in the Report dated December 6, 1994, from the Director of Engineering and
Building, the following Resolution was adopted accepting the easement to construct a storm
drain on Rosenbaum Road 300 feet east of Rancho Viejo Road:
RESOLUTION NO. 94-12-6-3. ACCEPTANCE OF EASEMENT FOR
IMPROVEMENTS TO ROSENBAUM ROAD (ROSENBAUM)
The City Clerk was directed to record the document with the County Recorder.
RESOLUTION APPROVING COMMUNITY DEVELOPMENT BLOCK
GRANT/HOME CONTRACT - YEAR 20 (600.50)
41
As set forth in the Report dated December 6, 1994, from the Planning Director, the following
Resolution was adopted authorizing the Mayor to sign the Community Development Block
Grant/HOME contracts for Year 20 (1994-95) for the rehabilitation of mobile homes for low-
income households @ $45,000; and, after-school scholarships for low-income children @
$7,500 for a total amount of $52,500:
RESOLUTION NO, 94-12-6-4. AUTN_OBEII-NG THE MAYOR TO SIGN
THE COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACTS
FOR YEAR 20 (FISCAL YEAR 1994-1995) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING THE MAYOR TO SIGN THE YEAR 20
COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACTS FOR
YEAR 20 (FISCAL YEAR 1994-1995)
The Claim for damages filed by Chuck Lintell of Long's Drug Stores was denied in its
entirety, as set forth in the Report dated December 6, 1994, from the City Attorney.
City Council Minutes
-5-
12/6/94
0
AGENDA ITEM
TO: George Scarborough, City Manager
FROM: Thomas Tomlinson, Planning Director
0
December 6, 1994
SUBJECT: By Motion, Authorize the Mayor to sign the Year 20 (FY 1994-1995)
Community Development Block Grant contracts.
RECOMMENDATION
By motion, authorize the Mayor to sign the attached Year 20 Community Development Block
Grant contracts for rehabilitation of mobile homes for low income households ($45,000) and
scholarships for low income children for after school activities ($7,500).
SITUATION
A. Applicant/Property Owner
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
B. Summary and Recommendation
On October 27, 1993 the Citizen Participation Committee reviewed and approved the
proposed Year 20 CDBG application at a public meeting and on November 9, 1993, the
Planning Commission recommended approval of the proposed CDBG Year 20
application at a public meeting. The City Council approved the Year 20 CDBG
application on November 16, 1993 (attachment 2). The County of Orange reviewed the
proposed Year 20 application and funded two of the requested ten programs. These
grant contracts, in the amount of $45,000 for mobile home rehabilitations and $7,500
for after school activities scholarships for low income children, were received by the
City on October 4, 1994 (attachment 3).
Staff recommends that the City Council authorize the Mayor to sign the Year 20
contract EC41642 for $45,000 for the rehabilitation of mobile homes for low income
households and contract EC41643 for $7,500 for scholarships for low income children
to attend after school programs and activities (attachment 1). These grants are Federal
Grants administered by the Department of Housing and Urban Development (HUD)
through the Community Development Block Grant program.
FOR CITY COUNCIL AGEN D//49
Agenda Item 2 December 6, 1994
COMMISSIONBOARD REVIEW AND RECOMMENDATIONS
None.
FINANCIAL CONSIDERATION
The City will benefit financially from the execution of these contracts as they provide the City
with an additional $52,500 in Federal Community Development Block Grant funds for the
benefit of the City's low income households.
PUBLIC NOTIFICATION
A Public Hearing is not required.
ALTERNATE ACTIONS
1. Authorize the Mayor to sign the Year 20 contracts (EC41642 and EC41643), or;
2. Deny to authorize the Mayor to sign the Year 20 contracts, or;
3. Continue the item and direct staff to return with further information on specified
issues.
Agenda Item
RECOMMENDATION
0
3 December 6, 1994
By motion, authorize the Mayor to sign the attached Year 20 Community Development Block
Grant contracts for rehabilitation of mobile homes for low income households ($45,000) and
scholarships for low income children for after school activities ($7,500).
Respectfully submitted,
Thomas Tomlinson,
Planning Director
Attachments
1. Draft Resolution
2. CC Resolution 93-11-16-
3. Year 20 Contracts (on file in the City Clerk's Office)
cdbg\yr20co.ce
• •
RESOLUTION NO. 94-12-6-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE MAYOR TO SIGN THE
YEAR 20 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACTS
FOR YEAR 20 (FISCAL YEAR 1994-95)
WHEREAS, the Federal Department of Housing and Urban Development annually
offers funds to cities in the form of Community Development Block Grant and HOME funds and the
City of San Juan Capistrano, for the past twenty years, has annually applied for these funds from the
County of Orange; and,
WHEREAS, this project has been reviewed in accordance with the California
Environmental Quality Act and the Planning Director has determined that implementation of these
programs constitutes "minor repair, maintenance, or alteration, including interior and exterior
alterations, public utilities, public streets and right-of-way, restoration and rehabilitation of structures,
and installation of safety and health protection devices." Therefore, the Planning Director has
determined that fiuther environmental evaluation is not required because the project is categorically
exempt, Class 1, existing facilities (Section 15301-15329); and,
WHEREAS, on October 27, 1993, the Citizen Participation Committee reviewed and
approved the proposed Year 20 Community Development Block Grant application at a public
meeting; and,
WHEREAS, on November 9, 1993, the Planning Commission recommended approval
of the proposed Community Development Block Grant Year 20 application at a public meeting; and,
WHEREAS, on November 16, 1993, the City Council reviewed and approved the
proposed Community Development Block Grant Year 20 application at a public meeting; and,
WHEREAS, the City Council of the City of San Juan Capistrano finds and determines
as follows:
1. The Year 20 Community Development Block Grant contracts will provide
both direct and indirect assistance to the City's low- and moderate -income households.
2. The two Community Development Block Grant programs and the use of a City
staff member to administrate them, represent the City s desire to aggressively expand its Community
Development Block Grant program and the amount of assistance that can be offered to the low- and
moderate -income residents of the community.
1-
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby authorize the Mayor to sign the Year 20 Community Development
Block Grant contracts (Fiscal Year 1994-95) for two separate programs with a total grant request
of $52,500, including the proposed expenditure of program income accrued in Year 20.
PASSED, APPROVED, AND ADOPTED this 6th day of
December , 1994.
On AMPB L, MAYOR
ATTEST:
C�l—�4
CITY CLE off_
.2-
0 0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, 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.
94-12-6-4 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 6th day of December 1994, by the
following vote:
AYES: Council Members Jones, Hausdorfer, Nash, Vasquez and
Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHMOWC1TY CLERK
sil
4
61
•
UNTY OP
3 AM, F2ANGE
is MICHAEL M. RUANE
0 C 4 fedi DIRECTOR. EVA
DHONGCHAI PUSAVAT
DIRECTOR OF HOUSING AND
REDEVELOPMENT
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND REDEVELOPMENT
September 20, 1994
FILE
Mary Raskin, Associate Planner
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92677
RE: Community Development Block Grant (CDBG) - Year XX
Dear Ms. Raskin:
LOCATION:
1200 N. MAIN STREET
SUITES 600 & 618
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 92702-4048
TELEPHONE:
(714) 568-4199
FAX: (714) 568-4202
Transmitted, herewith, are the Community Development Block Grant
contracts for FY 1994-95 with the City of San Juan Capistrano for execution by
its City Attorney and Mayor and attested by the City Clerk. Included are:
EC41642 $45,000
EC41643 $ 7,500
Enclosed is the Authorized Signature form. If there is a change, please
complete; otherwise, submit a copy of last years. Also, please find the
enclosed Grantee Performance Report (GPR) for FY 1992-93
If I can be of further assistance, please contact me at 568-4210.
Sincerely yours,
Michael Chiaramonte, County Rep
HPS-Grant Management
Enclosures
cc: M. Manzo, Section Chief, HPS/GM