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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