1994-0324_ORANGE , COUNTY OF_Memorandum of Contract No. C41456i Cc(act No. C41456
1 5AW9-12 PW COUNTY OF ORANGE
5AW25-2 PM ENVIRONMENTAL MANAGEMENT AGENCY
2 TYPE I - PF&I HOUSING AND REDEVELOPMENT CONTRACT
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4 TITLE OF PROJECT: Public Facilities and Improvements - Lacouague Building (C10.06)
5 MEMORANDUM OF CONTRACT entered into this/ZVA day of ' 199/
6 BY AND BETWEEN
7 CITY OF SAN JUAN CAPISTRANO, a municipal
corporation, hereinafter referred to as CITY,
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9 AND
10 COUNTY OF ORANGE, a political subdivision
of the State of California and recognized Urban County
11 under the Federal Housing and Community Development
Act of 1974 (Public Law 93-383), as amended, hereinafter
12 referred to as COUNTY.
13
14 WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement dated June 8,
15 1993, in which both parties agreed to cooperate in the undertaking, or assist in the undertaking, of
16 community development and housing assistance activities, and
17 WHEREAS, the CITY has submitted to the COUNTY an application for funding of a project
18 hereinafter described, and
19 WHEREAS, the COUNTY adopted the FINAL STATEMENT OF OBJECTIVES AND
20 PROJECTED USE OF FUNDS on May 18, 1993 (Resolution No. 93-550) which sets forth the project
21 described herein, and
22 WHEREAS, the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT has
23 accepted and certified the aforementioned FINAL STATEMENT, and
24 WHEREAS, the COUNTY has entered into a separate agreement dated August 17, 1993 with the
25 U.S. Department of Housing and Urban Development (hereinafter referred to as HUD) to fund said
26 project under the Housing and Community Development Act of 1974 (Public Law 93-383),
27 as amended.
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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 SPECIAL PROVISIONS, identified as EXHIBIT
"A", are part of this Contract.
1. For the PURPOSES OF THIS CONTRACT the following definitions shall apply:
a. Project Manager: The party responsible for, but whose responsibility is not limited to
the following: Contracting, monitoring and implementing the project through completion.
b. Director: The Director of the Orange County Environmental Management Agency
(hereinafter referred to as EMA) or his designee.
c. Reimbursable Basis: The CITY will provide the funds for the project and submit
proof of payment to the COUNTY, whereby upon approval, the COUNTY will forward Community
Development Block Grant (hereinafter referred to as CDBG) funds to repay the CITY.
d. Construction Bid Package: A package of bidding documents which includes
proposal, bidding instructions, contract documents, detailed estimated costs and plans and specifications
for a construction project, all prepared in accordance with applicable Federal regulations.
2. It is understood that the CITY will act as PROJECT MANAGER for the project described
as: The City of San Juan Capistrano will use CDBG funds to rehabilitate its Lacouague Building so
community center can be better used by senior citizens and low -moderate income residents. Work will
include conversion of garage space to class and meeting rooms, expansion of storage areas, and redesign
of office space (see attached map, EXHIBIT 'B", which is part of this Contract).
A. The Contract period for this project shall begin o 199ifor Fiscal Year 1993-
94 and eligible costs may be incurred against funds provided through this Contract effective 3 � 199I
3. It is agreed by all parties that the project shall be completed and all funds provided through
this Contract shall be expended on eligible project activities prior to the 365th day following 199
Invoices for all approved project costs funded by the Block Grant under this Contract shall be submitted
within 90 days after the Contract expiration date. The date for project completion and expenditure of all
funds may be extended at the discretion of the DIRECTOR, one year from the Contract expiration date,
through written notification to the CITY. In the event of such an extension, the deadline for submittal of
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1 invoices shall be 90 days after the new completion date. After Contract expiration, all unexpended funds
2 remaining from this Contract will be allocated by the COUNTY to another eligible project(s) within the
3 Urban County CDBG Program.
4 4. CITY agrees:
5 a. Any proposed amendment to this Contract shall be submitted to and approved by the
6 COUNTY, prior to commencement by CITY of any activity covered by said amendment.
7 b. To submit any and all third -party contracts proposed for funding through this
8 Contract to DIRECTOR for review and approval prior to award of such contracts by CITY.
9 C. To comply with CDBG Program Regulations, as may be periodically revised by
10 HUD, Office of Management and Budget, or other Federal agencies, and including laws and policies
11 applicable to the CDBG Program.
12 d. That the project shall be implemented and appropriately maintained for Community
13 Development purposes as defined by applicable HUD provisions to ensure maximum feasible benefit and
14 utilization of the project by low- and moderate -income persons.
15 e. To maintain accounting records, official files, and other evidence pertaining to costs
16 incurred pursuant to HUD regulations CFR 570.503 (b)(2). These records shall include, but not limited
17 to, annual audit report, project performance report, project expenditures and criteria set forth in CFR
18 570.506 and 570.507. All of these shall be accessible for the purposes of monitoring, audit, reporting or
19 review by duly authorized representatives of COUNTY or HUD. These records shall be kept available at
20 CrI Y's office during the project's contract period and thereafter for three (3) years from the date of final
21 CITY receipt of HUD CDBG funds through this Contract.
22 f. That DIRECTOR shall periodically evaluate the CITY's progress in complying with
23 the terms of this Contract. CITY shall cooperate fully during such monitoring. DIRECTOR shall report the
24 findings of each monitoring to the CITY and Orange County Board of Supervisors. If it is determined by
25 the Board of Supervisors that CITY performance or progress on performance is unsatisfactory, the Board
26 of Supervisors may withhold further funding on the project pending resolution of the unsatisfactory
27 condition(s), or may terminate this Contract as prescribed in 24 CFR 85.43 and 85.44. In addition, the
28 Board of Supervisors may require the CITY to reimburse COUNTY any funds that it determines to be
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improperly expended or not expended on the project in a timely manner based on applicable CDBG
Program Regulations.
g. That if it is determined by HUD that funds were not expended in compliance with the
applicable Federal laws and regulations, CITY will refund to COUNTY within ninety 90 days
thereafter such sums as were determined by HUD to have been improperly expended
h. When the project is completed, all unexpended funds remaining will be returned to
the COUNTY as soon as practicable, but in any event, within 180 days thereafter. DIRECTOR may then
reallocate returned funds to another Urban County project(s) previously approved by the Board of
Supervisors. Returned funds as such, may be allocated by the DIRECTOR up to the lesser amount of ten
percent (10%) of total Contract funds provided herein Section 5.a. or Ten Thousand Dollars
($10,000.00).
Should the COUNTY receive returned funds from other Urban County projects,
funding for this Contract, upon proof of anticipated cost overruns, may be increased at the discretion and
upon written authorization of the DIRECTOR up to the lesser amount of ten percent (10%) of total
Contract funds provided herein Section 5.a. or Ten Thousand Dollars ($10,000.00).
To assume responsibility for compliance with the California Environmental Quality
Act (CEQA) and to provide COUNTY with necessary information to comply with the National
Environmental Policy Act (NEPA) prior to commencing project implementation. This may include, when
applicable, CITY preparation of NEPA documentation in coordination with EMA staff.
k. 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 5.a. of
this Contract.
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.
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Project Funding:
a. Project will be financed under this Contract as follows:
Total CDBG Funds $ 34,000 (Thirty Four Thousand Dollars and no/100)
b. COUNTY shall not be responsible for any costs which exceed the approved CDBG
funding amount as referenced in Section 5.a. unless otherwise provided in advance as referenced in
Section 4.i.
Payment by the COUNTY to the CITY shall be on a reimbursable basis unless CITY
has been authorized and issued a cash advance at the discretion of the DIRECTOR under this Contract.
d. The CITY is permitted one (1) cash advance under this Contract and may be made by
the DIRECTOR to the CITY if the following conditions are met:
(1) The CITY has demonstrated to DIRECTOR through certification in a form
prescribed by DIRECTOR and subsequently through performance, its willingness and capacity to
establish CITY financial procedures that will minimize the time elapsing between the receipt of funds and
proper disbursement of such funds.
(2) The CITY certifies to DIRECTOR, that the CITY's financial management
system meets the standards for fund control and accountability as directed in 24 CFR 570.502(a) and
prescribed in Office of Management and Budget Circular No. A-102, as periodically amended
(3) The CITY complies with EMA financial cash advance procedures as defined
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, the CITY
shall disburse payment(s) to vendor(s) within five (5) working days and submit evidence of such
disbursement(s) (i.e., warrant copies, etc.) to the DIRECTOR.
e. If the CITY is subsequently found, by DIRECTOR, to be in noncompliance with
Section 5.d.(1) through Section 5.d.(3), CITY shall in the future be paid on a reimbursable basis.
f. Reimbursable basis payments, as referred to in Section 5.c. and/or cash advance
described in Section 5.d. 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-102, the latter shall prevail.
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The CITY shall report annually all program income as defined at 24 CFR 570.500 (a)
generated by activities carried out with CDBG funds made available under the Contract. The use of
program income by the CITY shall comply with the requirements set forth at 24 CFR 570.504. By way
of further limitations, the CITY may use such income during the Contract period for activities permitted
under this contract and shall reduce requests for additional funds by the amount of any such program
income balances on hand. The CITY may retain such program income only if that program income is used
exclusively for eligible activities. All unused program income shall be returned to the COUNTY at the end
of the Contract period. Any interest earned on cash advances from the U.S. Treasury is not program
income and shall be remitted promptly to the COUNTY.
a. Program income generated from cash advance and/or the mere holding of CDBG
funds must be paid to the COUNTY per 24 CFR 570.504 (c) for subsequent return to HUD.
b. Any program income generated from the sale, transfer or change in the use of
assets (e.g. real property) acquired or improved in whole or in part by CDBG funds must be returned to
the COUNTY in proportion to the CDBG contribution thereof.
c. The CITY may retain all program income only if that program income is used
exclusively for eligible activities, subject to the DIRECTOR's review, and in accordance with all CDBG
requirements as may then apply.
d. CITY shall keep and maintain appropriate records on the use of any such program
income as may be required by EMA staff since the COUNTY has the responsibility of monitoring and
reporting program income to HUD.
e. In the event of CITY close-out or change in status of the participating CTTY in the
Urban County CDBG Program, any program income at that time or received subsequent to the close-out
or change in status shall be paid by CITY to the COUNTY within 90 days thereafter.
Any proposed modification or change in use of real property acquired or improved in
whole or in part by CDBG funds from that planned at the time of the acquisition or improvement,
including disposition, must be reported by CITY to the COUNTY and receive COUNTY concurrence
thereto in advance of implementing the modification or change in use.
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The CITY shall transfer to COUNTY any CDBG funds on hand at the time of Contract
expiration and any accounts receivable attributable to the use of CDBG funds. The CITY shall ensure that
any real property under the CITY's control that was acquired or improved in whole or in part with CDBG
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
expiration of the contract; or,
b. Is disposed of in a manner which results in the COUNTY being reimbursed in the
amount of the current fair market value of the property less any portion thereof attributable to expenditures
of non-CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not
required after the period of time specified in accordance 8.a. above.
CITY shall obtain an annual audit performed in accordance with OMB Circular A-128 and
forward a copy to DIRECTOR within 180 days after the end of each accounting year. DIRECTOR shall
have the right to ensure that necessary corrective actions are made by the CITY for any audit fundings
pertinent to CITY handling of funding attributable to the CDBG Program per Federal requirements.
10. Neither COUNTY nor any officer nor employee thereof shall be responsible for any
damage or liability occurring by reason of any action or omission of CITY or its agents, associates,
contractors, subcontractors, materialmen, laborers, or any other persons, firms, or corporations
furnishing or supplying work service, materials, or supplies in connection with CITY's performance of
this Contract and from any and all claims and losses accruing or resulting to any persons, firm or
corporation for personal injuries or property damage resulting from or as a consequence of, CrI Y's
performance of this Contract under or in connection with any work, authority or jurisdiction delegated to
CITY under this Contract. It is also understood and agreed that, pursuant to California Government Code
Section 895.4, CITY shall fully indemnify, defend and hold COUNTY harmless from any liability
imposed for injury (as defined by California Government Code Section 810.8) occurring by reason of any
action or omission of CITY under or in connection with any work, authority or jurisdiction delegated to
CITY under this Contract. CITY shall act in an independent capacity and not as officers, employees or
agents of COUNTY.
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11. Neither CITY nor any officer nor employee thereof shall be responsible for any damage or
liability occurring by reason of any action or omission of COUNTY, its agents, associates, contractors,
subcontractors, materialmen, laborers, or any other persons, firms, or corporations furnishing or
supplying work, service, materials, or supplies in connection with COUNTY's performance of this
Contract and from any and all claims and losses accruing or resulting to any persons, firm or corporation
for personal injuries or property damage resulting from or as a consequence of COUNTY's performance
of this Contract under or in connection with any work, authority or jurisdiction delegated to COUNTY
under this Contract. It is also understood and agreed that, pursuant to California Government Code
Section 895.4, COUNTY shall fully indemnify, defend and hold CITY harmless from any liability
imposed for injury (as defined by California Government Code Section 810.8) occurring by reason of any
action or omission of COUNTY under or in connection with any work, authority or jurisdiction delegated
to COUNTY under this Contract COUNTY shall act in an independent capacity and not as officers,
employees or agents of CITY.
12. Where contract funds are withheld, and at the request and expense of CITY, 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.
13. In the event of CTTY's failure to comply with the provisions of this Contract and pursuant
to 24 CFR 85.43 and 85.44, COUNTY may withhold or require CITY 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.
III
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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.
Dated:_ /I
ATTEST:
A ;,T
Dated: —5 z 9
APPROVED AS TO FORM:
TERRY ANDRUS, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By !�
Dated: �/ — /, L- - 17_
M05AW25-2
CITY OF SAN JUAN CAPISTRANO
By:
Ma or
COUNTY OF ORANGE, a political subdivision of
the State of California
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Pusavat, Director,
ing and Redevelopment
Exhilk "A" to COUNTY/CITY Contract
r
SPECIAL PROVISIONS
1 A. Section 3 - Compliance with the Provision of Training Employment and
2 Business Opportunity
3 The CITY shall cause or require to be inserted in full in all contracts and
4 subcontracts for work financed in whole or part with federal financial assistance
5 provided under this Contract, the Section 3 clause set forth in 24 CFR 135.20(b). The
6 CITY will provide such copies of 24 CFR Part 135, as may be necessary for the
7 information of parties to contracts required to contain the said Section 3 clause.
8 Section 3 requires that to the greatest extent feasible, opportunities for
9 training and employment be made available to lower income residents within the unit of
10 local government or metropolitan area (or non -metropolitan county), in which the project
11 is located. In addition, to the greatest extent feasible, contracts for work in
12 connection with the project shall be awarded to business concerns which are located in,
13 or in substantial part owned by, persons residing in the same unit of local government
14 or metropolitan area (or non -metropolitan county), in which the project is located.
15 The parties to this contract will comply with the provisions of said
16 Section 3, and the regulations issued pursuant thereto by the Secretary of Housing and
17 Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the
18 Department issued thereunder prior to the execution of this contract. The CONTRACTOR
19 shall take appropriate action pursuant to the subcontract upon a finding that the
20 subcontractor is in violation of regulations issued by the Secretary of Housing and
21 Urban Development, 24 CFR 135. The CONTRACTOR will not subcontract with any
22 subcontractor where it has notice or knowledge that the latter has been found in
23 violation of regulations under 24 CFR 135. The
9 parties to this contract certify and
24 agree that they are under no contractual or other disability which would prevent them
25 from complying with these requirements. (Source: Title 24 CFR 135 revised
26 April 1, 1984.)
27 B. Equal Employment Opportunity
28 In carrying out the program, the CITY shall not discriminate against any
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Exh; _t "A" to COUNTY/CITY Contract -
1:1 employee or applicant for employment because of race, color, religion, sex or national
2 origin. The CITY shall take affirmative action to ensure that applicants for employment,
3 are employed and that employees are treated during employment, without regard to their
4 race, color, religion, sex or national origin. Such action shall include, but not be
5 limited to, the following: employment, upgrading, demotion or transfer; recruitment
6 advertising; layoff or termination; rates of pay or other form, compensation; and
7 selection for training, including apprenticeship. The CITY shall post in conspicuous
8 places, available to employees and applicants for employment, notices to be provided by
9 the COUNTY setting forth the provisions of this nondiscrimination clause. The CITY
10 shall, in all solicitations or advertisements for employees placed by or on behalf of
11 the CITY, state that all qualified applicants will receive consideration for employment
12 without regard to race, color, religion, sex or national origin. The CITY shall
13 incorporate the foregoing requirements of this paragraph in all of its contracts for
14 program work and will require all of its contractors for such work to incorporate such
15 requirements in all subcontracts for program work. Such contracts shall be subject to
16 HUD Equal Employment Opportunity regulation 24 CFR Part 130 as applicable to HUD
17 assisted construction contracts.
18 The CITY shall cause or require to be inserted in full in any non-exempt
19 contract and subcontract for construction work or modification thereof, as defined in
20 said regulations which is paid for in whole or in part with assistance under the
21 Contract, the following equal opportunity clause:
22 "During the performance of this contract, the contractor agrees as follows:
23 1. The contractor will not discriminate against any employee or applicant
24 for employment because of race, color, religion, sex or national origin. The contractor
25 will take affirmative action to ensure that applicants are employed and that employees
26 are treated during employment, without regard to their race, color, religion, sex, or
27 national origin. Such action shall include, but not be limited to, the following:
28 Employment, upgrading, demotion or transfer, recruitment advertising, layoff or
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termination; rates of pay or other forms of compensation and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the CITY
setting forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor state that all qualified applicants
will receive consideration for employment without regard to race, color, religion, sex
or national origin.
3. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other contract or
understanding, a notice advising the said labor union or worker's representatives
of the contractor's commitment under Section 202 of Executive Order 11246 of
September 24, 1965, and shall post copies of the notice on conspicuous places available
to employees and applicants for employment.
4. The contractor will comply with all provisions of Executive Order 11246
of September 24, 1965 and of the rules, regulations and relevant orders of the Secretary
of Labor.
5. The contractor will furnish all information and reports required by
Executive order 11246 of September 24, 1965 and by the rules, regulations and order of
the Secretary of Labor or pursuant thereto and will permit access to his books, records
and accounts by the Department and the Secretary of Labor for purposes of investigation
to ascertain compliance with such rules, regulations and orders.
6. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules, regulations or
orders, this contract may be canceled, terminated or suspended in whole or in part and
the contractor may be declared ineligible for further Government contracts or federally
assisted construction contract in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, or by rules, regulations or order of the Secretary of
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Labor or as otherwise provided by law.
7. The contractor will include the portion of the sentence immediately
preceding paragraph (1) beginning with the words "During the performance of..." and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to
Section 204 of the Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The contractor will take such action
with respect to any subcontract or purchase order as the Department may direct as a
means of enforcing such provisions, including sanctions for noncompliance; provided,
however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the
Department the contractor may request the United States to enter into such litigation to
protect the interest of the United States.
The CITY further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it participates in
federally assisted construction work. The above equal opportunity clause is not
applicable to any agency, instrumentality or subdivision of such CITY which does not
participate in work on or under the contract.
The CITY agrees that it will assist and cooperate actively with COUNTY,
HUD and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations and relevant
orders of the Secretary of Labor; that it will furnish the COUNTY, HUD and the Secretary
of Labor such information as they may require for the supervisions of such compliance;
and that it will otherwise assist the above parties in the discharge of its primary
responsibility for securing compliance.
The CITY further agrees that it will refrain from entering into any con-
tract or contract modification subject to Executive Order 11246 of September 24, 1965,
with a contractor debarred from or who has not demonstrated eligibility for, Government
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contracts and federally assisted construction contracts pursuant to the executive order
and will carry out such sanctions and penalties for violation of equal opportunity
clause as may be imposed upon contractors and subcontractors by HOD or the Secretary of
Labor pursuant to Part II, Subpart B of the Executive Order. In addition, the CITY
agrees that if it fails or refuses to comply with these undertakings, the COUNTY may
take any or all of the following actions: Cancel, terminate or suspend in whole or in
part the grant or loan guarantee; refrain from extending any further assistance to the
CITY under the program with respect to which the failure or refusal occurred until
satisfactory assurance of future compliance has been received from such CONTRACTOR.
(Source: H/CD Funding Agreement #4 and Executive Order 11246, Part II, Subpart B,
Section 202, Title 24 CFR 130, revised April 1, 1984.)
C. Federal Labor Standards
Except with respect to the rehabilitation of residential property designed
for residential use for less than eight families, the CITY and all contractors engaged
under contracts in excess of $2,000.00 (Two Thousand Dollars and no/100) for the
construction, prosecution, completion or repair of any building or work financed in
whole or in part with assistance provided under this contract, shall comply with BOD
requirements pertaining to such contracts and the applicable requirements of the
regulations of the Department of Labor under 29 CFR Parts 3 (Copeland Act), 5, and 5a
(Davis -Bacon Act), governing the payment of wages and the ratio of apprentices and
trainees to journeyman: Provided, that if wage rates higher than those required under
such regulations are imposed by state of local law, nothing hereunder is intended to
relieve the CITY of its obligation, if any, to require payment of the higher rates. The
CITY shall cause or require to be inserted in full, in all such contracts subject to
such regulations, provisions meeting the requirements of 29 CFR 5.5 and for such
contracts in excess of $10,000, 29 CFR 5. The "Federal Labor Standards Provisions"
(HUD 4010) are made part of this contract.
No award of the contracts covered under this section of the contract shall
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Exhi—t "A" to COUNTY/CITY Contract:
be made to any contractor who is at the time ineligible under the provisions of any
applicable regulations of the Department of Labor to receive an award of such contract.
(Source: H/CD Funding Agreement $7)
All documents submitted by the CITY to the COUNTY which are required for
compliance with the Federal Labor Standards, shall be certified as being true, accurate,
and complete by the City Engineer or the Director of Public Works. (Source:
Orange County H/CD)
D. Non -Discrimination
The CITY in an activity directly or indirectly financed under this contract,
shall comply with:
1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and the
regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in
the United States shall on the grounds of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the applicant receives Federal
financial assistance and will immediately take any measures necessary to effectuate this
assurance. If any real property or structure thereon is provided or improved with the
aid of Federal financial assistance extended to the applicant, this assurance shall
obligate the applicant, or in the case of any transfer of such property, any transferee,
for the period during which the real property or structure is used for a purpose for
which the Federal financial assistance is extended, or for another purpose involving the
provision of similar services or benefits.
2. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended,
administering all programs and activities relating to housing and community development
in a manner to affirmatively further fair housing; and will take action to affirmatively
further fair housing in the sale or rental of housing, the financing of housing, and the
provision of brokerage services.
3. Section 109 of the Housing and Community Development Act of 1974, and
11
• Exh& "A" to COUNTY/CITY Contractl
' Ili
1 the regulations issued pursuant thereto (24 CFR Part 570.602), which provides that no
21 person in the United States shall on the grounds of race, color, national origin, or
3 sex, be excluded from participation in, be denied the benefits of, or be subjected to
4 discrimination under, any program or activityfunded in whole or in
part with funds
5 provided under this Part.
6 4. Executive Order 11063 on equal opportunity in housing and
7 nondiscrimination in the sale or rental of housing built with Federal assistance.
8 (Source: Title 24 CFR Part 570.601, revised
April 1, 1984)
9 E. Accessibility/Usability of Facilities and Buildings for Physically
10 Handicapped
11 The CITY in any activity directly or indirectly financed under this contract
12 shall require every building or facility (other than a privately owned residential
13 structure) designed, constructed, or altered with funds provided under this Part to
14 comply with the "American Standard Specifications for Making Buildings and Facilities
15 Accessible to, and Usable by, the Physically Handicapped," Number A -117.1-R 1971,
16 subject to the exceptions contained in 41 CFR 101-19.604. The CITY will be responsible
17 for conducting inspections to insure compliance with these specifications by any
18 contractor or subcontractor. (Source: 24 CFR Part 570.202(R), revised April 1, 1984)
19 F. Relocation
20 1. The CITY in any activity directly or indirectly financed under this
21 contract shall:
22 a. To the greatest extent practicable under State law, comply with
23 Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the
24 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and
25 will comply with Sections 303 and 304 of Title III, and HUD implementing instructions at
26 24 CFR Part 42; and
27 b. Inform affected persons of their rights and of the acquisition
28 policies and procedures set forth in the regulations in 24 CFR Part 42 and 570.606
-7-
Exhi.._t "A" to COUNTY/CITY Contract
revised April 1, 1984)
2. The CITY shall also:
a. Comply with Title II (Uniform Relocation Assistance) of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and HUD
implementing regulations at 24 CPR Part 42 and 570.606;
b. Provide relocation payments and offer relocation assistance as
described in Section 205 of the Uniform Relocation Assistance Act to all persons
displaced as a result of acquisition of real property for an activity assisted under the
Community Development Block Grant Program. Such payments and assistance shall be
provided in a fair and consistent and equitable manner that insures that the relocation
process does not result in different or separate treatment of such persons on account of
race, color, religion, national origin, sex, or source of income;
3. Assure that, within a reasonable period to time prior to displacement,
comparable decent, safe and sanitary replacement dwellings will be available to all
displaced families and individuals and that the range of choices available to such
persons will not vary on account of their race, color, religion, national origin, sex,
or source of income; and
4. Inform affected persons of the relocation assistance, policies and
procedures set forth in the regulations at 24 CFR Part 42 and 570.606. (Source: Title
24 CFR Part 570.606, revised April 1, 1984)
G. Lead -Based Paint Hazards
The construction or rehabilitation of residential structures with assistance
provided under this Contract is subject to the HUD Lead -Base Paint regulations, 24 CPR
Part 35. Any grants or loans made by the CITY or work performed by the CITY for the
rehabilitation of residential structures with assistance provided under this Contract
shall be made subject to the provisions for the elimination of lead -base paint hazards
under subpart C of said regulations and the CITY shall be responsible for the
inspections and certifications required under Section 35.24 thereof. (Source: H/CD
-8-
• Exh*t "A" to COUNTY/CITY Contract
11, Funding Agreement #5 and 24 CFR Part 35 and 570.608 revised April 1, 1984)
2 H. Flood Disaster
3 This Contract is subject to the requirements of the Flood Disaster
4 Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this
5 Contract is approved for acquisition or construction purposes as defined under
6 Section 3(a) of said Act, for use in an area identified by the Secretary as having
7 special flood hazards, which is located in a community not then in compliance with the
8 requirements for participation in the national flood insurance
p program pursuant to
9 Section 201(d) of Said Act; and the use of any assistance provided under this Contract
10 for such acquisition or construction in such identified areas in communities then
11 participating in the national flood insurance program shall be subject to the mandatory
12 1 purchase of flood insurance requirements of Section 102(a) of said Act.
i
13 Any Contract or Agreement for the sale, lease or other transfer of land
14 acquired, cleared, or improved with assistance provided under this Contract shall
15 contain, if such land is located in an area identified by the Secretary as having
16 special flood hazards and in which the sale of flood insurance has been made available
17 under the National Flood Insurance Act of 1968, as amended, 42 D.S.C. 4001 et seq.,
18 provisions obligating the transferree and its successors or assignees to obtain and
19 maintain, during the ownership of such land, such flood insurance as required with
20 respect to financial assistance for acquisition or construction purposes under
21 Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be
22 required notwithstanding the fact that the construction on such land is not itself
23 funded with assistance provided under this Contract. (Source: H/CD Funding Agree -
24 ment #3)
25 The CITY shall comply with
omp y the provisions of Executive Order 11296, relating
26 to evaluation of flood hazards and Executive Order 11288 relating to the prevention,
27 control, and abatement of water pollution. (Source: Title 24 CFR 570.605 revised
28 April 1, 1984)
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7
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13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
0
Exh;__t "A" to COUNTY/CITY Contract
I. Compliance with Air and Water Acts
The CITY shall cause or require to be inserted in full in all non-exempt
contracts or subcontracts for work furnished in whole or in part by the grant contracts,
the following requirements (provided that contracts, subcontracts and subloans not
exceeding $100,000.00 (One Hundred Thousand Dollars and no/100) are exempt from this
part:
This Contract is subject to the requirements of the Clean Air Act, as
amended 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended 33 USC
1251 et seq., and the regulations of the Environmental Protection Agency with respect
thereto, at 40 CFR Part 15, as amended from time to time.
In compliance with said regulations, the CITY shall cause or require to be
inserted in full in all contracts and subcontracts dealing with any non-exempt
transaction thereunder funded with assistance provided under this contract, the
following requirements:
1. A stipulation by the contractor or subcontractors that any facility to
be utilized in the performance of any non-exempt contract or subcontract is not listed
on the list of Violating Facilities issued by the Environmental Protection Agency (EPA)
pursuant to 40 CFR 15.20.
2. Agreement by the contractor that he will comply with all the
requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and
Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318)
relating to inspection, monitoring, entry, reports and information, as well as all other
requirements specified in said Section 114 and Section 308, and all regulations and
guidelines issued thereunder.
3. A stipulation that as a condition for the award of the contract prompt
notice will be given of any notification received from the Director of the EPA, Office
of Federal Activities or any agent of the office, that a facility utilized or to be
utilized for the contract is under consideration to be listed on the EPA list of
-10-
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3
4
5
6
7
8
9
10
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13
14
15
16
17
18
19
20
211
22
23
24
25
26
27
28
0
Violating Facilities.
ExAt "A" to COUNTY/CITY Contract
4. An Agreement by the contractor that he will include or cause to be
included the criteria and requirements in paragraph (1) through (4) of this section in
every non-exempt subcontract and requiring that the contractor will take such action as
the Government may direct as a means of enforcing such provisions.
In no event shall any amount of the assistance provided under this
contract be utilized with respect to a facility which has given rise to a conviction
under Section 113(c)(1) of the Clean Air Act of Section 309(c) of the Federal Water
Pollution Control Act. (Source: H/CD Funding Agreement #6)
J. Management Compliance
The CITY in any activity directly or indirectly financed under this contract
shall comply with regulations, policies, guidelines and requirements of OMS Circular No.
A-102, Revised, and Federal Management Circular 74-4: Cost principles applicable to
grants and contract with State and local governments, and Federal Management Circular
74-7: Uniform Administrative Requirements for grant-in-aid to State and local
governments as they relate to the application, administration, acceptance and use of
Federal funds under this Part. (Source: Title 24 CFR Part 570.200(4) revised April 1,
1984)
R. Obligations of Contractor with Respect to Certain Third Party Relationships
The CITY shall remain fully obligated under the provisions of this contract
notwithstanding its designation of any third party or parties for the undertaking of any
part of the program with respect to which assistance is being provided under this
contract to the CITY. Such third party or parties shall comply with all lawful
requirements of the CITY necessary to insure that the program with respect to which
assistance is being provided under this contract to the CITY is carried out in
accordance with the CITY's assurances and certifications, including those with respect
to the assumption of environmental responsibilities of the CITY under Section 104(h) of
the Housing and Community Development Act of 1974. (source: H/CD Funding Agreement #9)
-11-
Exh�..Yt "A" to COUNTY/CITY Contract.
1 L. Interest of Certain Federal Officials
2 No member of Delegate to the Congress of the United States and no Resident
3 Commissioner, shall be admitted to any share or part of this contract or to any benefit
4 to arise from the same. (Source: H/CD Funding Agreement #10)
5 M. Interest of Members, Officers or Employees of CITY, Members of Local
6 Governing Body or Other Public Officials
71 No member, officer or employee of the COUNTY or CITY its designees or
8 agents, no members of the governing body of the locality in which the program is
9 situated and no other public official of such locality or localities who exercise any
10 functions or responsibilities with respect to the program during his tenure or for one
11 year thereafter, shall have any interest, direct or indirect, in any contract,
12 subcontract or the proceeds thereof, for work to be performed in connection with the
13 program assisted under this contract. The CITY shall incorporate or cause to be
14 incorporated, in all such contracts or subcontracts a provision prohibiting such
15 interest pursuant to the purpose of this section. (Source: H/CD Funding Agreement #11,
16 Title 24 CFR 570.611 and 570.458(14) (M) (X), revised April 1, 1984)
17 N. Prohibition Against Payments of Bonus or Commission
18 The assistance provided under this contract shall not be used in the payment
19 of any bonus or commission for the purpose of obtaining HUD approval of the application
20 for such assistance or HUD approval of application for additional assistance of any
21 other approval or concurrence of HUD required under this contract, provided, however,
22 that reasonable fees or bona fide technical, consultant, managerial or other such
23 services, other than actual solicitation, are not hereby prohibited if otherwise
24 eligible as
g program cost. (Source: H/CD Funding Agreement #12)
25 0. Hatch Act Compliance
26 The CITY and COUNTY shall comply omp y with the provisions of the Hatch Act which
27 limits the
political activity of employees. (Source: Title 24 CFR Part 570.958(14) (M)
28
(XI), revised April 1, 1984)
-12-
0
Exh It "A" to COUNTY/CITY Contract
P. Definitions
Throughout these Special Provisions the meaning of words shall be that
meaning given by the act, regulation, Executive Order, Federal Management Circular,
agreement, or rule cited herein as the source for the section in which the word appears.
(Source: Orange County Counsel)
Q. Note
Federal Management Circular 74-7 has been replaced with Office of Management
and Hudget (OMB) A-102.
JM:bjgAWP2-5
06/16/86
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,�-----� /---� /--, ----�. — • • - an T
Boundary s�:ce:
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SA-,N- JU- N CAPISTR � 0�'
Hcusing & Rede !ocment �- �ON`iENT��, `d ti�GEl4ENT �GENCI �J
E
Y OF
NCE
c1AR 3 111994
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND REDEVELOPMENT
March 30, 1994
Mary Raskin
Assistant Planner
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92677
FILE
MICHAEL M. RUANE
DIRECTOR. EMA
DHONGCHAI PUSAVAT
DIRECTOR OF HOUSING AND
REDEVELOPMENT
LOCATION:
1200 N. MAIN STREET
SUITES 600 8 618
SANTA ANA, CALIFORNIA
MAILING ADDRESS.
P.O. BOX 4048
SANTA ANA, CA 92702-4048
TELEPHONE:
(714)568-4199
FAX (714) 568-4202
RE: CDBG Year XIX Contracts and Contract Amendment and Termination
Dear Ms. Raskin:
Transmitted herewith are CDBG Year XIX contracts executed by the Director of
Housing and Redevelopment. These are:
C41454
C41455
C41456
$70,000
$30,000
$34,000
Included are the executed Termination to Year XVII Contract No. C41047 and
Amendment to Year XVIII Contract No. C41176.
Please feel free to contact me at 568-4210 should you have any questions.
Sincgrely
7
Lt(,✓�Gz.
Michael Chiaramonte
HPS-Grant Management
Attachments
cc: M. Manzo, Chief, HPS/GM
E
miononw
1776
Mr. Manny Manzo, Chief
HPS-Grant Management
Orange County Environmental Management Agency
Housing and Redevelopment
P. O. Box 4048
Santa Ana, California 92702-4048
•uu.., D- - •.n, . .I .�
Dear Mr. Manzo:
MEMBERS OF THE C17Y COUNC'.L
COLJENE CAMFBE_L
GARY nAUSCCRFER
G4 JONES
CAROLYN NASH
JEFF VASQUEZ
CRV MANAGER
GEORGESCARBOROUGH
At their meeting of March 1, 1994, the City Council of the City of San Juan Capistrano held a public
hearing regarding the Community Development Block Grant Contracts. Following that hearing, the
Council took that following actions:
1. Approved the Fiscal Year 1992-93, Year 18, contract amendment for re-
programming of funds.
2. Approved the Fiscal Year 1993-94, Year 19, contracts for the rehabilitation of mobile
homes, rehabilitation of private properties, and improvements to the Lacouague
Building.
3. Approved the Fiscal Year 1993-94, Year 19, HOME contracts for rehabilitation of
low-income housing in the City.
4. Adopted Resolution No. 94-3-1-2, which approved execution of the contracts and an
amendment to the Mobile Home Improvement Program Policy and Procedures to
increase the grant amount per household.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171
i 0
Manny Manzo
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E
March 4, 1994
The contracts have been signed by the City and 5 copies of each contract are enclosed. When the
contracts have been signed by the appropriate County personnel, please return one copy to the City
Clerk's Office for the City's permanent files. A copy of Resolution No. 94-3-1-2 is also enclosed for
your information.
Very truly yours,
Cheryl Johnson
City Clerk
Enclosures
cc: Director of Planning
Mary Raskin
0
The Mayor and City Clerk were authorized to execute the document, and the City Clerk was directed
to record the document with the County Recorder.
The following item was removed from the Consent Calendar at the request of Council Member Nash.
RIGHT-OF-WAY ACQUISITION SERVICES AGREEMENT EXTENSION AN
JUAN CREEK RAILROAD REALIGNMENT fBOYLE FN .INEERINGI f6003nN,
Council Member Nash inquired as to the reasons for the fee increase. Mr. Huber explained that the
increase was primarily due to additional negotiations required for the boundary work on the railroad
parcel and changes in policy direction.
It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried
that the Right -of -Way Acquisition Services Agreement Extension be approved with Boyle Engineering
for the San Juan Creek Railroad Realignment Project. The Agreement Extension increased the fee by
$15,000, to a total of $61,100, for continued negotiations with the Orange County Transit Authority
(OCTA) and extended the term of the Agreement from June 30, 1994, to December 31, 1994. The
Mayor was authorized to sign the Agreement on behalf of the City.
PUBLIC HEARING
1. EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
R Ift. MODIFICATIONS TO THE
CITY'S
CONTRACTS
u•: a•IMPROVEMENTPROGRAM� POLICY AND PROCEDURE
1993 -
(YEAR I,1 1
.,•
Consideration of:
(1) Year 19 CDBG contracts ($70,000 for mobile home rehabilitation; 530,000 for rehabilitation
of private properties; and $34,000 for public facilities and improvements to the Lacouague
Building);
(2) Amendment to Year 18 CDBG contracts to reprogram approximately 548,560 in funds from
unused contracts for the rehabilitation of mobile homes;
(3) Modifications to the Mobile Home Improvement Policy and Procedure Manual to increase the
maximum amount a household can receive from a CDBG from $500 to $15,000; and
(4) Year 2 HOME contract in the amount of $50,000 for the rehabilitation of owner -occupied, low-
income housing per Federal HOME Guidelines.
Applicant
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Written Communication
Report dated March 1, 1994, from the Planning Director, recommending approval of the Year 19 CDBG
ooatraets and Year 2 HOME contract, amendments to Year 18 CDBG contracts, and modifications to
the Mobile Home Improvement Policy and Procedure ManuaL
City Council Minutes -3- 3/1/94
Mary Raskin, Assistant Planner/Project Manager, made an oral presentation and noted statistics from
the State regarding low and moderate incomes based on the 1990 Census. She indicated that
approximately $345,000 would be available within the next 18 months and that any funding left over for
administrative costs could be rolled over into other programs, if desired.
Mayor Campbell inquired how often the new $15,000 maximum for the rehabilitation of mobile homes
could be reached. Ms. Raskin explained that bids received have totaled $8,000 and felt that costs would
stay below the $15,000 maximum. Although she wished to give the City latitude in this matter, Mayor
Campbell preferred that funds be used to help as many people as possible. Council Member Nash
commended staff on their aggressive efforts in reaching as many eligible residents as possible.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and there
being no response, closed the hearing with the right to reopen at any time.
Adoption of Resolution Aoyroving Year 19 CDBG Contracts. Amendments to Year 18 CDBG
Contracts. and Modifications to the Mobile Home Improvement Policy and Procedure Manual:
It was moved by Council Member Jones, seconded by Council Member Hausdorfer, that the following
Resolution be adopted:
RESOLUTION NO. 94-3-1-2. APPROVING YEAR 18 MODIFICATIONS AND
YEAR 19 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACTS AND
_MODIFICATIONS TO MOBILE HOME IMPROVEMENT POLICY AND
PROCEDURE MANUAL -A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE
MAYOR TO EXECUTE MODIFICATIONS TO THE YEAR 18 COMMUNITY
DEVELOPMENT BLOCK GRANT CONTRACTS AND TO EXECUTE THE
YEAR 19 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACTS AND
APPROVING MODIFICATIONS TO THE MOBILE HOME IMPROVEMENT
POLICY AND PROCEDURE MANUAL TO ALLOW FOR GRANTS OF UP TO
$15,000 PER HOUSEHOLD
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell
NOES: None
ABSENT: None
Approval of Year 2 HOME Contracts:
It was moved by Council Member Jones, seconded by Council Member Hausdorfer, and unanimously
carried that the Year 2 HOME contracts be approved in the amount of $50,000 for the rehabilitation
of owner -occupied, low-income housing. The Mayor was authorized to execute the contracts on behalf
of the City.
r • t •uu�l� •cru il)..!!• •�� • '•• t.
• Jr yy. • ►1 II11 •: ►1 � •: ••
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Proposal
Consideration of a proposal by the Capistrano Unified School District to purchase 10 -acres of CRA
property within the Kinoshita Farm site for the development of a new Del Obispo Elementary School
and conversion of the existing Marco Forster Junior High to a middle school. The proposal includes
City Council Minutes -4- 3/1/94
AGENDA ITEM March 1, 1994
TO: George Scarborough, City Manager
FROM: Thomas Tomlinson, Director of Planning
SUBJECT: Modifications to Fiscal Year 1992-1993 Community
Development Block Grant Contract (Year 18), to the City's
Mobile Home Improvement Program Policy and Procedures
Manual, and Execution of the Fiscal Year 1993-1994
Community Development Block Grant (Year 19) and HOME
Contracts (Year 2).
By Motion, authorize the Mayor to execute the modifications to the
Fiscal Year 1992-1993 Community Development Block Grant contracts
and to execute the Fiscal Year 1993-1994 Community Development
Block Grant and HOME contracts and adopt the resolution modifying
the Mobile Home Improvement Program Policy and Procedure Manual.
-----------------------------------------------------------------
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V
Applicant or Property Owner
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Summary and Recommendation
1. Fiscal Year 1993-1994 Community Development Block Grant
(CDBG):
The City Council is being requested to authorize the
Mayor to execute the Year 19 Community Development Block
Grant contracts (fiscal year 1993-1994) for the
rehabilitation of mobile homes ($70,000), the
rehabilitation of private properties ($30,000) and public
facilities and improvements to the Lacouague Building
($34,000) (attachment 2).
2. Fiscal Year 1992-1993 Community Development Block Grant
(CDBG):
The City Council is being requested to authorize the
Mayor to execute an amendment to the Year 18 Community
Development Block Grant contract for rehabilitation of
mobile homes in order to re -program funds from unused
contracts into this contract in the amount of
approximately $48,560 (attachment 3).
FOR CITY COUNCIL AGEN zE /
0
Agenda Item
is
March 1, 1994
Modifications to the Mobile Home Improvement Policy and
Procedure Manual:
The City Council is being requested to modify the City's
Mobile Home Improvement Program Policy and Procedures
Manual to increase the maximum amount a household can
receive from a Community Development Block Grant from
$5000.00 to $15,000 (attachment 4).
Fiscal Year 1993-1994 HOME Contract:
The City Council is being requested to authorize the
Mayor to execute the Year 2 HOME contract (fiscal year
1993-1994) which is in the amount of $50,000. These
funds are to be utilized primarily for rehabilitation
activities of owner occupied low income housing within
the City, such as the existing mobile home and single
family home rehabilitation programs, per the Federal HOME
Guidelines (attachment 5).
C. Background
1. Environmental Processing: This project has been reviewed
in accordance with the California Environmental Quality
Act by the Planning Director and a Certificate of
Exemption was issued for each of the above projects as it
was determined that they are categorically exempt from
review (class 1) Statute 15267.
D. Prosect Description
Fiscal Year 1993-1994 CDBG contracts: These three
contracts were received from the County in late January
of 1994 and require execution by the Mayor before
expenditure of the Federal funds can commence. The three
contracts are as follows:
C41454: Rehabilitation of Mobile Homes: $70,000.00.
Under this ongoing CDBG program, low income
grant recipients receive up to $5,000 for the
correction of health and safety violations on
the mobile homes. (An increase in the grant
amount is being requested below under
modifications to the Mobile Home Improvement
Policy and Procedure Manual). All seven of the
City's mobile home parks are eligible for this
program.
This CDBG program has been aggressively
expanded this past year by no longer utilizing
a consultant to administer the program and by
0
0
Agenda Item 3 March 1, 1994
assigning a staff member to administer the
program. Currently there are approximately 21
mobile homes undergoing rehabilitation as part
of this program and an additional 20 mobile
homes are anticipated to be completed by July
of 1994. This represents a 25016 increase over
the number of mobile homes rehabilitated last
year. It is anticipated that an additional
100-150 mobile homes have outstanding health
and safety violations and households that
would qualify under the Department of Housing
and Urban Development's (HUD) income
requirements for assistance under this
program.
C41455: Rehabilitation of Private Properties:
$30,000.00. This is also an ongoing CDBG
program which is now administered by City
staff. Under this program, low income
households can receive up to $5,000 in a grant
and up to $5,000 in a 015 deferred interest
loan to fund rehabilitations of their single
family homes to address current health and
safety code violations.
Currently there are eight applicants on the
eligibility list for these loans and grants
and the processing of all of these
applications is anticipated to be complete by
the end of the calendar year. It is
anticipated that an additional 20-30
households will be applying for assistance
under this program in the next calendar year.
C41456: Public Facilities and Improvements- Lacouague
Building: $34,000.00. This is a continuation
of a rehabilitation effort that received CDBG
funding in Year 16 (fiscal year 1990-1991) for
the design of the proposed rehabilitation of
this building. The funds allocated in this
contract are for the actual construction of
the improvements and rehabilitation of the
building. The City Council approved the
reprogramming of funds into the Year 16
contract ($17,692.16) (CC Reso. 93-12-7-1)
which are also to be used for the construction
of the improvements to this building.
Therefore, the total amount of grant funding
available for this project under the Year 16
and Year 19 contracts is ($51,692.16).
Agenda Item
190
0
0
March 1, 1994
Modifications to the Fiscal Year 1992-1993 CDBG Contract:
Funds are being reprogrammed from three existing CDBG
contracts from previous years which have never been
executed and are no longer feasible. The reason for the
reprogramming of these funds is that the Department of
Housing and Urban Development (HUD), who issues the
funding, has set new guidelines for the CDBG program
which state that all funding must be utilized within 18
months from receipt of those funds (signing of the
contracts). The three contracts from which funds are
being reprogrammed are from Years 11 (2 of them)(Fiscal
Year 1985-1986) and Year 17 (Fiscal Year 1991-1992) and
as such are subject to being reassumed by HUD unless the
City reprograms them into eligible and active contracts
such as the Mobile Home Improvement Program.
The total amount of funds to be reprogrammed are $48,560
which will enable approximately 4-9 additional mobile
homes to be rehabilitated in this funding year. As
stated earlier, the Mobile Home Improvement Program is
the City's most active and most successful CDBG program
to date and therefore HUD has determined that it is
eligible to receive the reprogrammed funds described
above.
Procedure Manual: Currently this manual, which dictates
how the Mobile Home Improvement program is implemented,
allows for grants of up to $5,000.00 per household
(attachment 4). The $5,000.00 amount was decided upon in
1989 based on the average cost of rehabilitating a mobile
home. Typical correction of health and safety code
violations include repair/replacement of the roof,
replacement of galvanized plumbing pipes with copper
pipes, pigtailing aluminum wiring at the sockets and
terminals with copper wiring and replacement of porch
flooring and stairs. On the average these costs run
anywhere from $3,500 to $13,000 depending on the extent
of the needed work. In the past any repairs over the
$5,000 limit had to be paid by the coach owner, who
typically did not have the money to make the repairs and
therefore they went uncorrected.
The County also operates a Mobile Home Improvement
program and under their program does not have any limits
for the amount of assistance a coach owner can receive.
The requested $15,000 limit was discussed with the
County, who are in support of this limit, and who have
suggested that rather than going from a $5,000 limit to
no limits, that the City try the $15,000 limit first to
determine if it is sufficient. It is staff's experience
0 0
Agenda Item 5 March 1, 1994
thus far, that the $15,000 limit for grants will suffice
for meeting the needs of the mobile home owners in the
City. Therefore, staff recommends amending the current
Mobile Home Improvement Policy and Procedure Manual to
reflect a $15,000 grant limit. All Year 18 and 19 CDBG
Mobile Home Improvement contracts with the County will be
modified accordingly if this amendment is approved by the
City.
4. Fiscal Year 1993-1994 HOME Contract: This contract
(C41535) was received from the County on February 14,
1994 and is for a grant amount of $50,000. The County
has specified that the funds are to be utilized primarily
for rehabilitation activities of owner occupied low
income housing within the City, such as the existing
mobile home and single family home rehabilitation
programs. None of the HOME funds are to be used for
direct rental assistance, and if rental units are
rehabilitated they will be subject to a 10 year
affordability requirement, per HOME Guidelines.
E. Issues
No issues have been identified.
F. Staff Analysis
By reprogramming funds ($48,560) from CDBG contracts which are
no longer viable, the City will be able to assist
approximately 4-9 more mobile home owners this funding year
than would have been possible under HUD's initial award.
The low income households of the City will benefit from the
increase in Federal funds allocated for their assistance.
This increase in households assisted with CDBG funding also
significantly increases the City's standing for future receipt
of grants from HUD as these awards are largely based upon the
City's demonstrated expenditure of funds and the number of
households assisted.
Two other facts exist which also contribute favorably to the
City's likelihood of receiving additional Federal and State
funding in the future and the City's increased ability to
attract both non-profit and for-profit developers of low
income housing. These facts are that the administration of
the City's Housing Services is now being done by a City staff
member and no longer by an outside consultant, and that the
City's has recently exhibited a more aggressive
0
Agenda Item
G
March 1, 1994
approach to providing more low income related housing
assistance as evidenced in the Year 20 CDBG application, the
new Mortgage Credit Certificate Program and the Housing
Opportunities Program, which is under development.
FINANCIAL CONSIDERATION
If the above requested funds are approved for reprogramming and the
Year 19 CDBG and Year 2 HOME contracts are authorized for signature
by the Mayor, the total for all active CDBG and HOME (Years 16, 18
and 19) grants will be $405,252 (attachment 6). The City is
authorized to spend $60,050 of these funds on staff costs
associated with the administration/management of these contracts.
Any additional staff costs are billed to the CRA set-aside fund for
low income housing related projects and do not come out of the
City's General Fund. This represents a savings in staff costs to
the City's General Fund. The remaining $345,202 of CDBG and HOME
funds is to be utilized for project implementation costs within the
next 18 months.
Staff will make a presentation to the County regarding the Year 20
CDBG and HOME application on February 22, 1994. The City will
receive notification of the County's recommendation to HUD for
funding of the Year 20 CDBG and HOME program by March 21, 1994.
PUBLIC NOTIFICATION
A Public Hearing Notice including the project description, date,
time and location of said hearing was published in the Capistrano
Valley News.
ALTERNATE ACTIONS
1. Approve authorizing the Mayor to execute the
modifications to the Fiscal Year 1992-1993 Community
Development Block Grant contracts and to execute the
Fiscal Year 1993-1994 Community Development Block Grant
and HOME contracts and adopt the resolution modifying the
Mobile Home Improvement Program Policy and Procedure
Manual, or;
2. Deny to authorize the Mayor to execute the modifications
to the Fiscal Year 1992-1993 Community Development Block
Grant contracts and to execute the Fiscal Year 1993-1994
Community Development Block Grant and HOME contracts and
adopt the resolution modifying the Mobile Home
Improvement Program Policy and Procedure Manual, or;
3. Continue the item and direct staff to return with further
information on specified issues.
9 0
Agenda Item 7 March 1, 1994
-----------------------------------------------------------------
RECOMMENDATION
By Motion, authorize the Mayor to execute the modifications to the
Fiscal Year 1992-1993 Community Development Block Grant contracts
and to execute the Fiscal Year 1993-1994 Community Development
Block Grant and HOME contracts and adopt the resolution modifying
the Mobile Home Improvement Program Policy and Procedure Manual.
Respectfully submitted,
Thomas Tomlinson,
Planning Director
Attachments
1. Draft Resolution 94-3-1
2. Fiscal Year 1993-1994 Contracts
3. Fiscal Year 1992-1993 Contract
4. Modified Mobile Home Improvement Policy and Procedure Manual
S. Fiscal Year 1993-1994 HOME Contract
6. CDBG and HOME Funds Worksheet
CP\CDBGMOAI.CC
TT: MR: hs
RESOLUTION NO. 94-3-1-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE MODIFICATIONS TO THE YEAR 18 COMMUNITY
DEVELOPMENT BLOCK GRANT CONTRACTS AND TO EXECUTE
THE YEAR 19 COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACTS AND APPROVING MODIFICATIONS TO THE MOBILE
HOME IMPROVEMENT POLICY AND PROCEDURE MANUAL TO
ALLOW FOR GRANTS OF UP TO $15,000 PER HOUSEHOLD
WHEREAS, the applicant, the City of San Juan Capistrano, has requested that the
City Council authorize the Mayor to execute modifications to the Year 18 Community Development
Block Grant contracts and to execute the Year 19 Community Development Block Grant contracts
and to approve modifications to the Mobile Home Improvement Program Policy and Procedure
Manual to allow for grants of up to $15,000 per household; and,
WHEREAS, the Planning Director has reviewed the proposed contracts and
modifications in accordance with the California Environmental Quality Act and has determined that
the projects are categorically exempt from review (Class 1) Statute 15267, and therefore issued a
Certificate of Exemption; and,
WHEREAS, a public hearing has been duly advertised and held to review and
receive public testimony on the applications; and,
WHEREAS, the City Council of the City of San Juan Capistrano finds and
determines as follows:
The proposed modifications to the Year 18 contract and the proposed Year
19 contracts for Community Development Block Grants will provide
additional funding to assist low-income households within the City.
2. The proposed modification to the Mobile Home Improvement Policy and
Procedure Manual increasing the maximum grant amount to $15,000 per
household will enable low-income households to receive adequate funding
to comet their outstanding health and safety code violations and to improve
the quality of their mobile homes.
NOW, THEREFORE, BE PP RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby authorize the Mayor to execute modifications to the Year 18
Community Development Block Grant contracts and to execute the Year 19 Community
0 0
Development Block Grant contracts and does approve of the proposed modifications to the Mobile
Home Improvement Program Policy and Procedure Manual to allow for grants of up to S 15,000 per
household.
PASSED, APPROVED, AND ADOPTED this 1st day of
March PASSED,
LLENE C BELL, YOR
ATTEST:
i
CITY CLEfCkl,
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.
94-3-1-2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 1st day of March 1994, by the
following vote:
AYES: Council Members Jones, Hausdorfer, Nash, Vasquez and
Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOIWSeN, CITY CLERK
-2-
ATTACHMENTS 2 - 5
These attachments are available for public review at the City
Clerk's counter and a copy is available in the City Council
office for the City Council's review.
WIC
CDBG AND HOME PROGRAMS
FUNDING
Total Proi. Admin
Year 16: Lacouague Building: C40937: $17,692/ $14,154/ $ 3,538
Year
18:
Mobile
Home
Rehab:
C41176:
$98,560/
$78,848/
$19,712
Year
18:
Single
Fam.
Rehab:
C41175:
$25,000/
$20,000/
$ 5,000
Year
19:
Lacouague Building:
C41456:
$34,000/
$27,200/
$ 6,800
Year
19:
Mobile
Home
Rehab:
C41454:
$70,000/
$56,000/
$14,000
Year
19:
Single
Fam.
Rehab:
C41455:
$30,000/
$24,000/
$ 6,000
Total CDBG Funds: $275,252 $220,202 $55,050
HOME
Year 18: Mobile Home Rehab: C41244: $80,000/ $80,000/ none
Year 19: Undetermined: C -----: $50,000/ $45,000/ $5,000
-------------------------------------------------------------------
Total HOME Funds: $130,000 $125,000 $5,000
Totals
Effective 2/94
ATTACHMENT 6
Total
Proi•
Admin
Lacouague Building:
$ 51,692
$ 41,354
$
10,338
Mobile Home Rehab:
$168,560
$134,848
$
33,712
Single Fam. Rehab:
$ 55,000
$ 44,000
$
11,000
HOME:
------------------------------------------------------------------
$130,000
$125,000
$
5,000
Total Funds:
$405,252
$345,202
$
60,050
Effective 2/94
ATTACHMENT 6
s
0
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE
I am a citizen of the United States and a resident of the County
aforesaid. I am over the age of eighteen years, and not a party to or
interested in the above entitled matter. I am the principal clerk of the
Capistrano Valley News, a newspaper that has been adjudged to
be a newspaper of general circulation by the Superior Court of the
County of Orange. State of California. on June 7, 1964, Case No.
A-122949 in and for the City of San Juan Capistrano, County of
Orange. State of California; that the notice, of which the annexed is
a true printed copy, has been published in each regular and entire
issue of said newspaper and not in any supplement thereof on the
following dates, to wit:
Feb. 17, 1994
I declare under penalty of perjury that the foregoing is true and
correct.
Executed at Mission Viejo, Orange County, California, on
Feb. 17, 1994
.............................................................................................................
(Signature)
Capistrano Valley Nsles
(A Publicalion of South Orange County News)
23811 Via FabricaMe
P. O. Box 3629
Mission Viejo, Califomia 92690
(714) 768-3631
0
Space below for Filing Stamp Only.
Proof of Publication of
NOTICE OF PUBLIC HEARING
.............................................................................................................
—*t
zi
r=
-n
T
C3
rl
Proof of Publication of
NOTICE OF PUBLIC HEARING
.............................................................................................................
NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS
TO: CAPISTRANO VALLEY NEWS
Bea Gougeon, Legal
FOR PUBLICATION ON:
0
THURSDAY, FEBRUARY 17, 1994
DOCUMENT TO BE PUBLISHED: NOTICE OF PUBLIC HEARING -
MODIFICATIONS TO YEARS 16 AND 18
COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACTS, MOBILE HOME IMPROVEMENT
PROGRAM POLICY AND PROCEDURES MANUAL
AND EXECUTION OF THE YEAR 19 CONTRACT
PROOF OF PUBLICATION
AUTHORIZED BY:
DATE: February 9, 1994
Date of Public Hearing
Please send to:
City Clerk's Division
City Hall
32400 Paseo Adelanto
San Juan Capistrano,
California, 92675
(714) 493-1171
- 03/01/94
Date notice published - 02/17/94
Date affidavit received -
Date notice posted in
designated posting places (3) - 02/17/94
Date notice posted on property - N/A
Date of mailing notice to
interested parties - N/A
Date notice transmitted to
City Manager's Office - 02/09/94
PBLICIIHEARING
CITY OF SAN JUAN CAPISTRANO
NOTICE IS HEREBY GIVEN, that on the 1st day of March, 1994, at 7:00 P.M. in the City Council
Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council will hold a
public hearing on the following:
MODIFICATIONS TO YEARS 16 AND 18 CONTRACTS
MOBILE HOME IMPROVEMENT PROGRAM POLICY AND PROCEDURES
MANUAL AND EXECUTION OF YEAR 19 CONTRACTS (COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM)
The City Council will consider the Year 19 Community Development Block Grant contracts for the
rehabilitation of mobile homes ($70,000), the rehabilitation of private properties ($30,000) and
public facilities and improvements to the Lacouague Building ($34,000). The City Council will also
consider modifying the City's Mobile Home Improvement Program Policy and Procedures Manual
to increase the maximum amount a household can receive from a Community Development Block
Grant from $5,000 to $15,000. An amendment to the Year 18 Community Development Block
Grant contract for rehabilitation of mobile homes will be considered in order to re -program funds
from unused contracts into Year 18 contract in the amount of approximately $48,560. An
amendment to the Year 16 Community Development Block Grant contract proposes to re -program
$17,692.16 for the additional design costs and improvements to the Lacouague Building.
This project has been processed and reviewed in accordance with the California Environmental
Quality Act (1970). The Environmental Review Board has issued a categorical exemption for all
of the projects because they are statutorily exempt, Section 15267 (Class 1).
Those desiring to be heard in favor of; or in opposition to, this item will be given an opportunity to
do so during such hearing or by writing to the City Council at 32400 Paseo Adelanto, San Juan
Capistrano, California 92675, Attention: City Clerk. For finther information, you may contact Mary
Raskin at 493-1171, extension 205.
2LU���,
tCHERYL JOHNSON,
0
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
•
I, CHERYL JOHNSON, declare that I am the duly appointed and qualified City Clerk
of the City of San Juan Capistrano; that on February 17, 1994, I caused the above Notice to be
posted in three (3) public places in the City of San Juan Capistrano, to wit:
City Hall;
Old Fire Station Recreation Complex;
Orange County Public Library
AND, that on February 17, 1994, the above Notice was published in the Capistrano Valley News
newspaper.
I declare under penalty of perjury that the foregoing is true and correct.
) 1A1/1
C RYL JOHNSON, CITY CLERK
City of San Juan Capistrano
California
2 ) I
0
UNTY OF
GE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND REDEVELOPMENT
FILE
Mr. George Scarborough, City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92677 -
Subject: CDBG Contracts - Year XIX
Dear Mr. Scarborough:
MICHAEL M. RUANE
DIRECTOR. EMA
DHONGCHAI PUSAVAT
DIRECTOR OF HOUSING AND
REDEVELOPMENT
LOCATION:
1200 N. MAIN STREET
SUITES 600 & 618
SANTA ANA, CALIFORNIA
MAILING ADDRESS.
P.O. BOX 4048
SANTA ANA, CA 927024048
TELEPHONE:
(714) 568-4199
FAX: (714) 568-4202
January 6, 1994
Your Community Development Block Grant contracts for Fiscal Year 19934 have been
prepared and are enclosed for your review and execution. Please return all sets to us
promptly along with the completed signature form.
We regret the delay in their delivery to you. Compliance with technical changes in content
required by U.S. Department of Housing and Urban Development caused lengthy revisions
in contract language. The contract terms covering program income and contract completion
dates have been significantly changed. Recipients who have accumulated program income
must now expend this program income first before drawing down from the new contracts.
In addition, recipients are now required to complete all projects within eighteen months.
The changes require extra effort by each City to use CDBG funds promptly and to complete
projects without delay. The County understands that these contract terms may cause you
some concern. We will be happy to discuss these issues in detail. Please contact your
County representative or Manny Manzo at (714) 568-4209 as soon as possible.
enclosures:
CDBG Contracts
Signature Authorization Form
cc:
A. Bye, Manager HPS
M. Manzo, Chief -GM
Mary Raskin
NOV 2 903
Ve C:) F=
NGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND REDEVELOPMENT
November 24, 1993
FILE
Mary Raskin
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92677
RE: CDBG Contracts No. C41176 - Amendment and
No. C41047 - Termination
Dear Ms. Raskin:
MICHAEL M. RUANE
DIRECTOR, EVA
DHONGCHAI PUSAVAT
DIRECTOR OF HOUSING AND
REDEVELOPMENT
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 Amendment to Contract No. C41176 and
Termination of Contract C41047 for execution by your City Council and
attested by City Clerk. Upon City's execution, please transmit to County the
authorizing resolution or minutes.
Upon receipt, a Board of Supervisors hearing will be scheduled for final
execution of contract amendment.
Please feel free to contact me at 568-4210 should you have any questions.
Sincerely yours, d
Michael Chiaramonte
HPS-Grant Management
Attachments
cc M. Manzo, Chief, HPS/GM