1994-1128_ORANGE , COUNTY OF_Contract No. C41175 AmdContract No. C41175
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
1 HOUSING AND REDEVELOPMENT CONTRACT
AMENDMENT No. 1
2
3 TITLE OF PROJECT: CITY OF SAN JUAN CAPISTRANO - Rehabilitation of Private Properties
4 (R12.10) Year XVIII
5
AMENDMENT of CONTRACT entered into this ay of 6 f 1994.
6 BY AND BETWEEN
7 CITY OF SAN JUAN CAPISTRANO, a municipal
corporation, hereinafter referred to as CITY,
8
9 AND
10 COUNTY OF ORANGE, a political subdivision
of the State of California and recognized Urban
11 County under the Federal Housing and Community
Development Act of 1974 (Public Law 93-383), as
12 amended, hereinafter referred to as COUNTY.
13
14 WHEREAS, the parties previously entered into a Housing and Community
15 Development Block Grant Rehabilitation of Private Properties (R12.10) project Contract
16 No C41175 for Twenty -Five Thousand Dollars and no/100 ($25,000), dated July 1, 1992,
17 for rehabilitation program to serve the low- and moderate -income residents within the City,
18 pursuant to the Housing and Community Development Act of 1974 (Public Law 93-383) as
19 amended, and
20 WHEREAS, the CITY has submitted to the COUNTY a request to amend the
21 project description to Contract No. C41175 to increase the Rehabilitation Program grant
22 and deferred payment loans.
23 NOW THEREFORE, Contract No. C41175 is hereby amended as
24 follows:
25 A. Contract Deletions.
26 Page 2 lines 26 to 27:
27
28 1
. COUNTY OF ORANGE 0 Contract No. C41175
�
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT CONTRACT
1 TITLE OF PROJECT: CITY OF SAN JUAN CAPISTRANO - Rehabilitation of
Private Properties (R12.10) Year XVIII
2 MEMORANDUM OF CONTRACT entered into this 1st of July, 1992.
3 BY AND BETWEEN
CITY OF SAN JUAN CAPISTRANO, a municipal
4 corporation, hereinafter referred to as
5 CITY,
AND
6
COUNTY OF ORANGE, a political subdivision
of the State of California and recognized
8 Urban County under the Federal Housing
and Community Development Act of 1974
9 (Public Law 93-383), as amended,
hereinafter referred to as COUNTY.
10
11
12 WHEREAS, COUNTY and CITY previously entered into a Cooperation
13 Agreement dated October 10, 1990, in which both parties agreed to
14 cooperate in the undertaking, or assist in the undertaking, of
15 community development and housing assistance activities, and
16 WHEREAS, the CITY has submitted to the COUNTY an application for
17 funding of a project hereinafter described, and
18 WHEREAS, the COUNTY adopted the FINAL STATEMENT OF OBJECTIVES AND
19 PROJECTED USE OF FUNDS on May 12, 1992 (Resolution No. 92-520) which
20 sets forth the project described herein, and
21 WHEREAS, the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT has
22 accepted and certified the aforementioned FINAL STATEMENT, and
23 WHEREAS, the COUNTY has entered into a separate agreement dated
24 August 4, 1992 with the U.S. Department of Housing and Urban
25 Development (hereinafter referred to as HUD) to fund said project under
26 the Housing and Community Development Act of 1974 (Public Law 93-383),
27 as amended.
28
-1-
• . Contract No. C41175
•
NOW, THEREFORE, IT IS AGREED by and between the parties that the
following provisions as well as all applicable Federal, 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: CITY OF SAN JUAN CAPISTRANO -
Rehabilitation of Private Properties (R12.10) Year XVIII. The City of
San Juan Capistrano will utilize CDBG funds for the Citywide Housing
Rehabilitation Program for grant up to $5,000 and up to $5,000 for
deferred payment loans. The Program will be Administered and marketed
by the City and will benefit the low- and moderate -income residents
-2-
i
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
E3]
1
• Contract No. C41175
Citywide. Funds will be used for project and support costs. (see
attached map, EXHIBIT "B", which is part of this Contract).
A. The Contract period for this project shall begin on July 1,
1992 for Fiscal Year 1992-93 and eligible costs may therefore be
incurred against funds provided through this Contract effective July 1,
1992.
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 December 31, 1993.
Invoices for all approved project costs funded by the Block Grant under
this Contract shall be submitted within 180 days after the above date.
The date for project completion and expenditure of all funds may be
extended at the discretion of the DIRECTOR, on a year -by -year basis up
to a maximum period of three (3) total years, through written
notification to the CITY. In the event of such an extension, the
deadline for submittal of invoices shall be 180 days after the new
completion date. After Contract expiration, all unexpended funds
remaining from this Contract may be allocated by the COUNTY to another
eligible project(s) within the Urban County CDBG Program.
4. CITY agrees:
a. Any proposed amendment to this Contract shall be
submitted to and approved by the COUNTY, prior to commencement by CITY
of any activity covered by said amendment.
b. To submit any and all third -party contracts proposed for
funding through this Contract to DIRECTOR for review and approval prior
to award of such contracts by CITY.
C. To comply with CDBG Program Regulations, as may be
periodically revised by HUD, Office of Management and Budget, or other
-3-
• . Contract No. C41175
� T
1 Federal agencies, and including laws and policies applicable to the
2 CDBG Program.
3 d. That the project shall be implemented and appropriately
4 maintained for Community Development purposes as defined by applicable
5 HUD provisions to ensure maximum feasible benefit and utilization of
6 the project by low- and moderate -income persons.
7 e. To maintain accounting records, official files, and other
8 evidence pertaining to costs incurred pursuant to HUD regulations
9 CFR 570.503 (b)(2). These records shall include, but not limited to,
10 annual audit report, project performance report, project expenditures
11 and criteria set forth in CFR 570.506 and 570.507. All of these shall
12 be accessible for the purposes of monitoring, audit, reporting or
13 review by duly authorized representatives of COUNTY or HUD. These
14 records shall be kept available at CITY's office during the project's
15 contract period and thereafter for three (3) years from the date of
16 final CITY receipt of HUD CDBG funds through this Contract.
17 f. That DIRECTOR shall periodically evaluate the CITY's
18 progress in complying with the terms of this Contract. CITY shall
19 cooperate fully during such monitoring. DIRECTOR shall report the
20 findings of each monitoring to the CITY and Orange County Board of
21 Supervisors. If it is determined by the Board of Supervisors that CITY
22 performance or progress on performance is unsatisfactory, the Board of
23 Supervisors may withhold further funding on the project pending
24 resolution of the unsatisfactory condition(s), or may terminate this
25 Contract. In addition, the Board of Supervisors may require the CITY
26 to reimburse COUNTY any funds that it determines to be improperly
27 expended or not expended on the project in a timely manner based on
28 applicable CDBG Program Regulations.
-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
T
• Contract No. C41175
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 there
after 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).
i. 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).
j. 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
-5-
this Contract.
0 Contract No. C41175
1. To 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. Project Funding:
a. Project will be financed under this Contract as follows:
Total CDBG Funds $25,000 (Twenty-five
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.
C. Payment by the COUNTY to the CITY shall be on a
reimbursable basis unless CITY has been authorized and issued cash
advances 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
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
I
�J
16 Contract No. C41175
financial management system meets the standards for fund control and
accountability 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.
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.
e. 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.
6. CITY must inform the DIRECTOR (through periodic reports
requested by EMA staff) of any income generated by the expenditure of
CDBG funds received by the CITY; and that per applicable Federal
requirements, certain program income must be paid to the COUNTY (e.g.,
interest earned on CDBG cash advance); and/or, the CITY may retain such
program income only if that program income is used exclusively for
eligible activities, at the discretion of the DIRECTOR, and in
accordance with all CDBG requirements as may then apply.
a. CITY shall keep and maintain appropriate records on the
-7-
Fe
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
r
•
• Contract No. C41175
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.
b. In the event of CITY close-out or change in status of
the participating CITY 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.
7. 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.
a. Should the disposition, sale or transfer of such real
property acquired or improved in whole or in part using CDBG funds
result in a use which does not qualify under CDBG Regulations, the
COUNTY shall be reimbursed by CITY in an amount equal to the current
fair market value (less any portion thereof attributable to
expenditures of non-CDBG funds).
b. Any program income generated from the disposition,
transfer or sale of such property prior to or subsequent to the CITY
close-out or change in status of the CITY in the Urban County CDBG
Program may be either used by CITY for other specific eligible
activities in the CITY or paid to the COUNTY for other eligible Urban
County activities, as determined in advance of the expenditure at the
discretion of the COUNTY.
S. CITY shall obtain an annual audit performed in accordance
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
•
• Contract No. C41175
r with OMB Circular A128 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 findings pertinent to CITY handling of funding attributable
to the CDBG Program per Federal requirements.
9. Neither COUNTY nor any officer nor employee thereof shall be
Iresponsible 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, CITY'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.
10. 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
C=
Census -ract Boundary TRAN01 U
SAN JUAN CAPIS
Housing & Redevelopment ENVIRONMENTAL VL9IVAGEMENT 3GENCY
0
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
u
9 0
Contract No. C41175
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.
CITY OF SAN -JUAN CAPITRA O
Dated • �26
Mayor
ATTEST:
1L' m. �[..�W�,
COUNTY OF ORANGE, liti
subdivision of California
Dated:
APPROVED AS TO FORM:
TERRY ANDRUS, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By / ,-
APPROVED AS TO FINANCIAL PROVISIONS:
By
EMA-Financial Sefvices
APPROVED AS TO ACCOUNTING PROVISIONS:
By
E counting Services
MC:bjg5AW25-2(C41175)
10/30/92
-11-
and Redevelopment
H CD
C. R. L11k
Acctg. Ar
Env. c%�
S. C.
0
71
0
9
10
121
13
14
15
16
17
a
19
20
21
22
23
24
25
26
27
28
Exhibi0A" to COUNTY/CITY Contract)
SPECIAL PROVISIONS
A. Section 3 - Compliance with the Provision of Training Employment and
Business Opportunity
The CITY shall cause or require to be inserted in full in all contracts and
subcontracts for work financed in whole or part with federal financial assistance
provided under this Contract, the Section 3 clause set forth in 24 CPR 135.20(b). The
CITY will provide such copies of 24 CPR Part 135, as may be necessary for the
information of parties to contracts required to contain the said Section 3 clause.
Section 3 requires that to the greatest extent feasible, opportunities for
training and employment be made available to lower income residents within the unit of
local government or metropolitan area (or non -metropolitan county), in which the project
is located. In addition, to the greatest extent feasible, contracts for work in
connection with the project shall be awarded to business concerns which are located in,
or in substantial part owned by, persons residing in the same unit of local government
or metropolitan area (or non -metropolitan county), in which the project is located.
The parties to this contract will comply with the provisions of said
Section 3, and the regulations issued pursuant thereto by the Secretary of Housing and
(Urban Development set forth in 24 CPR 135, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this contract. The CONTRACTOR
shall take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of Housing and
Urban Development, 24 CFR 135. The CONTRACTOR will not subcontract with any
subcontractor where it has notice or knowledge that the latter has been found in
violation of regulations under 24 CFR 135. The parties to this contract certify and
agree that they are under no contractual or other disability which would prevent them
from complying with these requirements. (Source: Title 24 CPR 135 revised
April 1, 1984.)
B. Equal Employment Opportunity
In carrying out the program, the CITY shall not discriminate against any
-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
• Exhibf"A" to COUNTY/CITY Contract
employee or applicant for employment because of race, color, religion, sex or national
origin. The CITY shall take affirmative action to ensure that applicants for employment
are employed and that employees are treated during employment, without regard to their
race, color, religion, sex or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment
advertising; layoff or termination; rates of pay or other form, compensation; and
selection for training, including apprenticeship. The CITY shall post in conspicuous
places, available to employees and applicants for employment, notices to be provided by
the COUNTY setting forth the provisions of this nondiscrimination clause. The CITY
shall, in all solicitations or advertisements for employees placed by or on behalf of
the CITY, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin. The CITY shall
incorporate the foregoing requirements of this paragraph in all of its contracts for
program work and will require all of its contractors for such work to incorporate such
requirements in all subcontracts for program work. Such contracts shall be subject to
HOD Equal Employment Opportunity regulation 24 CFR Part 130 as applicable to HOD
assisted construction contracts.
The CITY shall cause or require to be inserted in full in any non-exempt
contract and subcontract for construction work or modification thereof, as defined in
said regulations which is paid for in whole or in part with assistance under the
Contract, the following equal opportunity clause:
"During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex or national origin. The contractor
will take affirmative action to ensure that applicants are employed and that employees
are treated during employment, without regard to their race, color, religion, sex, or
national origin. Such action shall include, but not be limited to, the following:
Employment, upgrading, demotion or transfer, recruitment advertising, layoff or
-2-
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
• Exhib T"A" to COUNTY/CITY Contract
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
Inondiscrimination clauses of this contract or with any of such rules, regulations or
borders, 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
-3-
Pa
3
4
5
6
7
8
tiJ
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
• Exhib0"A" to COUNTY/CITY Contract
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
-4-
1
2
3
4
5
6
7
8
10
11
12
13
14
15
16
17,
18
19
20
21
22
23
24
25
26
27
28
• Exhib&A" to COUNTY/CITY Contract
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 HDD
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 Sa
(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 CPR 5.5 and for such
contracts in excess of $10,000, 29 CFR 5. The "Federal Labor Standards Provisions"
(HOD 4010) are made part of this contract.
No award of the contracts covered under this section of the contract shall
-5-
e e
• Exhib*"A" to COUNTY/CITY Contract 1,
1 be made to any contractor who is at the time ineligible under the provisions of any
2 applicable regulations of the Department of Labor to receive an award of such contract.
3 (Source: H/CD Funding Agreement $7)
4 All documents submitted by the CITY to the COUNTY which are required for
5 compliance with the Federal Labor Standards, shall be certified as being true, accurate,)
6 and complete by the City Engineer or the Director of Public Works. (Source:
7 Orange County EI/CD)
81 D. Non -Discrimination
9 The CITY in an activity directly or indirectly financed under this contract,
10 shall comply with:
11 1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and the
12regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in
13 the United States shall on the grounds of race, color, or national origin, be excluded
14. from participation in, be denied the benefits of, or be otherwise subjected to
15 discrimination under any program or activity for which the applicant receives Federal
16 financial assistance and will immediately take any measures necessary to effectuate this
17' assurance. If any real property or structure thereon is provided or improved with the
18 aid of Federal financial assistance extended to the applicant, this assurance shall
19 obligate the applicant, or in the case of any transfer of such property, any transferee,
20 for the period during which the real property or structure is used for a purpose for
21 which the Federal financial assistance is extended, or for another purpose involving the
22 provision of similar services or benefits.
23 2. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended,
24 administering all programs and activities relating to housing and community development
25 in a manner to affirmatively further fair housing; and will take action to affirmatively
26 further fair housing in the sale or rental of housing, the financing of housing, and the
27I
provision of brokerage services.
28 3. Section 109 of the Housing and Community Development Act of 1974, and
. Exhib&A" to COUNTY/CITY Contract
the regulations issued pursuant thereto (24 CFR Part 570.602), which provides that no
person in the United States shall on the grounds of race, color, national origin, or
sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under, any program or activity funded in whole or in part with funds
provided under this Part.
4. Executive Order 11063 on equal opportunity in housing and
nondiscrimination in the sale or rental of housing built with Federal assistance.
(Source: Title 24 CFR Part 570.601, revised April 1, 1984)
E. Accessibility/Usability of Facilities and Buildings for Physically
Handicapped
The CITY in any activity directly or indirectly financed under this contract
shall require every building or facility (other than a privately owned residential
structure) designed, constructed, or altered with funds provided under this Part to
comply with the "American Standard Specifications for Making Buildings and Facilities
Accessible to, and Usable by, the Physically Handicapped," Number A -117.1-R 1971,
subject to the exceptions contained in 41 CFR 101-19.604. The CITY will be responsible
for conducting inspections to insure compliance with these specifications by any
contractor or subcontractor. (Source: 24 CFR Part 570.202(8), revised April 1, 1984)
F. Relocation
1. The CITY in any activity directly or indirectly financed under this
contract shall:
a. To the greatest extent practicable under State law, comply with
Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and
will comply with Sections 303 and 304 of Title III, and HUD implementing instructions at
24 CFR Part 42; and
b. Inform affected persons of their rights and of the acquisition
policies and procedures set forth in the regulations in 24 CFR Part 42 and 570.606
-7-
Exhibi9"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 CFR 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 CFR
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-
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
0
. ExhibWA" to COUNTY/CITY Contract
Funding Agreement #5 and 24 CFR Part 35 and 570.608 revised April 1, 1984)
H. Flood Disaster
This Contract is subject to the requirements of the Flood Disaster
Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this
Contract is approved for acquisition or construction purposes as defined under
Section 3(a) of said Act, for use in an area identified by the Secretary as having
special flood hazards, which is located in a community not then in compliance with the
requirements for participation in the national flood insurance program pursuant to
Section 201(d) of Said Act; and the use of any assistance provided under this Contract
for such acquisition or construction in such identified areas in communities then
participating in the national flood insurance program shall be subject to the mandatory
purchase of flood insurance requirements of Section 102(a) of said Act.
Any Contract or Agreement for the sale, lease or other transfer of land
acquired, cleared, or improved with assistance provided under this Contract shall
contain, if such land is located in an area identified by the Secretary as having
special flood hazards and in which the sale of flood insurance has been made available
under the National Flood Insurance Act of 1968, as amended, 42 D.S.C. 4001 et seq.,
provisions obligating the transferree and its successors or assignees to obtain and
maintain, during the ownership of such land, such flood insurance as required with
respect to financial assistance for acquisition or construction purposes under
Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be
required notwithstanding the fact that the construction on such land is not itself
funded with assistance provided under this Contract. (Source: H/CD Funding Agree -
I ment #3)
The CITY shall comply with the provisions of Executive Order 11296, relating
Ito evaluation of flood hazards and Executive Order 11288 relating to the prevention,
control, and abatement of water pollution. (Source: Title 24 CPR 570.605 revised
J April 1, 1984)
-9-
U
•Exhib "A" to COUNTY/CITY Contract
1 I. Compliance with Air and Water Acts
2 The CITY shall cause or require to be inserted in full in all non-exempt
3 contracts or subcontracts for work furnished in whole or in part by the grant contracts,
4 the following requirements (provided that contracts, subcontracts and subloans not
5 exceeding $100,000.00 (One Hundred Thousand Dollars and no/100) are exempt from this
6 part:
7 This Contract is subject to the requirements of the Clean Air Act, as
8 amended 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended 33 USC
9 1251 et seq., and the regulations of the Environmental Protection Agency with respect
10 thereto, at 40 CFR Part 15, as amended from time to time.
11 In compliance with said regulations, the CITY shall cause or require to be
12 inserted in full in all contracts and subcontracts dealing with any ran -exempt
13 transaction thereunder funded with assistance provided under this contract, the
14 following requirements:
15 1. A stipulation by the contractor or subcontractors that any facility to
16 be utilized in the performance of any non-exempt contract or subcontract is not listed
17 on the list of Violating Facilities issued by the Environmental Protection Agency (EPA)
18 pursuant to 40 CFR 15.20.
19 2. Agreement by the contractor that he will comply with all the
20, requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and
21 Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318)
22 relating to inspection, monitoring, entry, reports and information, as well as all other
23 requirements specified in said Section 114 and Section 308, and all regulations and
?A guidelines issued thereunder.
25i 3. A stipulation that as a condition for the award of the contract prompt
26 notice will be given of any notification received from the Director of the EPA, Office
27 of Federal Activities or any agent of the office, that a facility utilized or to be
28 utilized for the contract is under consideration to be listed on the EPA list of
-10-
1
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
., •
Violating Facilities.
ExhibOLA" 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 16)
J. Management Compliance
The CITY in any activity directly or indirectly financed under this contract
shall comply with regulations, policies, guidelines and requirements of OMB 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 Rousing and Community Development Act of 1974. (Source: R/CD Funding Agreement $9)
-11-
y c • Exhib#O"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
7 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 BUD 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 program cost. (Source: H/CD Funding Agreement #12)
25 0. Hatch Act Compliance
26 The CITY and COUNTY shall comply mp y with the provisions of the Hatch Act which
27
limits the political activity of employees. (Source: Title 24 CFR Part 570.458(14) (M)
28 (X1), revised April 1, 1984)
-12-
I
� Exhibi A" to COUNTY/CITY Contract
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
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 Budget (OMB) A-102.
III
I/I
im:bjgANP2-5
06/16/86
-13-
•
0
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - PUBL IC
IMPROVEMENT PLANS - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADDING SUBSECTION (e) TO
SECTION 9-2.311 OF TITLE 9, LAND USE, OF THE MUNICIPAL
CODE ESTABLISHING A PROCEDURAL EXCEPTION FOR CERTAIN
TYPES OF CAPITAL IMPROVEMENT PROJECTS
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell
NOES: None
ABSENT: Council Member Vasquez
Adoption of Cb Council Policy No. 418:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and
unanimously carried that City Council Policy No. 418 be adopted establishing criteria for
excepting certain types of capital improvement projects from the "public improvement plan
and outside agency development" review process.
19993_93-
c
OF 911
X600. `-
T
Consideration of amendments to Community Development Block Grant (CDBG) Contracts
No. C41-175 and C41455 for Years 18 and 19 to allow for grants of up to $15,000 for the
rehabilitation of single-family, low-income households. The proposed amendment increased
the grant amount because the current grant amount had been found inadequate to cover rising
rehabilitation costs.
ARlJ&=
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Written Communication:
Report dated November 15, 1994, from the Planning Director, recommending that the
amendments to the contracts be approved.
Mary Raskin, Assistant Planner/Project Manager, made an oral presentation.
City Council Minutes -7- 11/15/94
0 0
Public He 'na:
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 Approving Amendments to Community, Development Block
Grant Contracts for Years 18 and 19:
It was moved by Council Member Jones, seconded by Council Member Nash, that the
following Resolution be adopted:
T
13LOCK QKANI CONIKALTS FOR YEAR 18 AND 19 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AND AUTHORIZING THE
MAYOR TO SIGN AMENDMENTS TO THE YEAR 18 AND YEAR 19
COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACTS C41175
AND C41455 TO ALLOW FOR A $15,000 GRANT FOR THE
REHABILITATION OF SINGLE-FAMILY HOMES FOR LOW-INCOME
HOUSEHOLDS
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell
NOES: None
ABSENT: Council Member Vasquez
Proposal:
Consideration of the City's annual application for Community Development Block Grant
funds to be used for the benefit of low- and moderate -income persons.
Written Communication:
Report dated November 15, 1994, from the Planning Director, forwarding the
recommendations of the Citizen Participation Committee to approve the following four
programs for inclusion in the City s CDBG/HOME application for Year 21, for a total funding
of $280,000: (1) $150,000 for Mobile Home Rehabilitation; (2) $20,000 for Ultra -Low Flush
Toilet Retrofit; (3) $10,000 for Public Service Scholarship; and (4) $100,000 for Single-
Family/Mobile Home Rehabilitation.
City Council Minutes -8- 11/15/94
0 0
, AGENDA ITEM
TO: George Scarborough, City Manager
FROM: Thomas Tomlinson, Planning Director
November 15, 1994
SUBJECT: Amend Contracts C41175 and C41455, (Year 18 and Year 19
Community Development Block Grant contracts
respectively), to allow for grants of up to $15,000 for
the rehabilitation of single family homes for low income
households.
-----------------------------------------------------------------
RECOMMENDATION
By motion, authorize the Mayor to sign the amendments to Contracts
C41175 and C41455, (Year 18 and Year 19 Community Development Block
Grants respectively), to allow for grants of up to $15,000 for the
rehabilitation of single family homes for low income households.
SITUATION
A. Aoolicant/Prooerty Owner
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
B. Summary and Recommendation
The City entered into Contract C41175 on July 1st, 1992 (Year
18: FY 1992-1993) and Contract C41455 on March 24, 1994 (Year
19: FY 1993-1994) with the County of Orange, for the
rehabilitation of single family homes of low income
households. These contracts allowed for a $5,000 grant and a
$5,000 deferred payment, 0% interest loan.
Due to rising rehabilitation costs, the $10,000 total amount
is no longer adequate to address the typically needed repairs
of these low income households such as a new roof, copper
piping, new heater and or painting. As the $10,000 loan/grant
amount was established in Year 14 (FY 1988-1989), the County
of Orange is amenable to changing the amount of the award to
$15,000 and the form of the award to a straight grant.
FOR CITY COUNCIL AGEV�T'�' ��
Agenda Item 2 November 15, 1994
The proposed amended Year 18 and Year 19 contracts would be
consistent with the City's CDBG mobile home rehabilitation
program which allows for a $15,000 grant per low income
household. Staff recommends that the City Council authorize
the Mayor to amend the Year 18 and Year 19 CDBG contracts to
provide additional assistance to low income households for the
rehabilitation of their single family homes.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS
None.
FINANCIAL CONSIDERATION
The City will still receive the same amount of funds for each
contract (Year 18: $25,000 and Year 19: $30,000). Approximately
20% of each contract ($11,000 total) is available to pay for City
staff's time to administer these contracts.
PUBLIC NOTIFICATION
A public hearing notice denoting the proposal, the time and
location of the November 15, 1994 public hearing was published in
the Capistrano Valley News and was posted pursuant to State
requirements.
Agenda Item 3 November 15, 1994
ALTERNATE ACTIONS
1. Authorize the Mayor to sign the amended contracts (C41175
and C41455), or;
2. Deny authorization for the Mayor to sign the amended
contracts (C41175 and C41455), or;
3. Continue the item and direct staff to return with further
information on specified issues.
By motion, authorize the Mayor to sign the amendments to Contracts
C41175 and C41455, (Year 18 and Year 19 Community Development Block
Grants respectively), to allow for grants of up to $15,000 for the
rehabilitation of single family homes for low income households.
Respectfully submitted,
Thomas Tomlinson,
Planning Director
Attachments
1.
Draft Resolution
2.
Original
Contract
C41175
(On
file
in the
City
Clerk's
Office)
3.
Original
Contract
C41455
(On
file
in the
City
Clerk's
Office)
4.
Proposed
Contract
C41175
(On
file
in the
City
Clerk's
Office)
5.
Proposed
Contract
C41455
(On
file
in the
City
Clerk's
Office)
YR1819CO.CC
RESOLUTION NO. 94-11-15-S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AND AUTHORIZING THE
MAYOR TO SIGN AMENDMENTS TO THE YEAR 18 AND YEAR 19
COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACTS C41175 AND
C41455 TO ALLOW FOR A $15,000 GRANT FOR THE REHABILITATION OF
SINGLE-FAMILY HOMES FOR LOW-INCOME HOUSEHOLDS
WHEREAS, the applicant, the City of San Juan Capistrano, has requested an
amendment to the Year 18 and Year 19 Community Development Block Grant contracts to allow for
a $15,000 grant for the rehabilitation of single-family homes for low-income households; and,
as follows:
WHEREAS, the City Council of the City of San Juan Capistrano finds and determines
The proposed amendments to Contracts Nos. C41175 and C41455 will
benefit the low-income households who participate in the City's Community
Development Block Grant program for the rehabilitation of single-family
homes. The funds which are to be utilized are in the form of a Federal grant
from the Department of Housing and Urban development and is a Community
Development Block Grant.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby approve, and authorize the Mayor to sign, the amendments to Contracts
Nos. C41175 and C41455 to utilize a $15,000 grant per low-income household for the rehabilitation
of single-family homes.
PASSED, APPROVED, AND ADOPTED this 15th day of
November .1994.
,,-COLLEA CAMPBELL, MAYOR
ATTEST:
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.
94-11-15-5 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 15th day of November 1994, by the
following vote:
AYES: Council Members Jones, Hausdorfer, Nash and
Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: Council Member Vasquez
(SEAL)
CHERYL JOHNSONCCITY CLERK
.2.
0
November 17, 1994
demon �
y
U-�.in[o�ron�uo
m�uneie 1961
1776
Mr. Michael Chiaramonte
Environmental Management Agency - Housing
and Redevelopment
P. O. Box 4048
Santa Ana, California 92702-4048
•- runs � �Z�+%arru-r .76'.�7Z�:n-rru-r
rr ►. •rr
Dear Mr. Chiaramonte:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY L. HAUSDORFER
GIL JONES
CAROLYN NASH
JEFF VASQUEZ
CITY MANAGER
GEORGESCARBOROUGH
At their meeting of November 15, 1994, the City Council of the City of San Juan Capistrano
adopted Resolution No. 94-11-15-5, which approved the amendments to Contract No. EC41175,
Year 18, and Contract No. EC41455, Year 19. These contracts provide grants in the amount of
$15,000 for the rehabilitation of single-family homes of low-income households.
The two Agreements, with 5 signature pages apiece, have been signed by the City and are
enclosed. Also enclosed is a certified copy of Resolution No. 94-11-15-5. Upon approval by the
Board of Supervisors, please return one fully -executed copy of each Agreement 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 92675 0 (714) 493-1171
0
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE
f am a cilaen of the United States and a resident of the County
aforesaid. I am over the age of eighteen years, and not a parry to or
interested in the above entitled matter. I am the principal clerk of the
Caplairsno 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, 1984, Case No.
A-122949 in arta 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
toti dates, to wit:
November 3, 1994
I declare under penalty of perjury that the foregoing is true and
correct.
Executed at Mission Viejo, Orange County, California, on
November 3, 1994
(Signature)
Capistrano Valley News
(A Publication of South Orange County News)
23611 Via Fabricante
P. O. Box 3629
Mission Viejo, California 92690
(714) 768-3631
0
Space below for Filing Stamp Only.
RECEIVED
Nay 1 1 36 as 'N
RTM F N T
Proof of Publication of
NOTICE OF PUBLIC HEARING
...............................................................
NOTICE OF
CYOFSANJUANLIC�PIS,1Z 8
IT
NGTICE Is KzPJW GIM. that -the uu sa•
WK at 7130 P.Y. In tee pV Ceaaoa • 0160 Pmr
Addul. Sm Jam CpMMam. CaROW" tee d4 +W
enld • V1WM emrM6m the knowMi
AMENDMENT T097M.' YEAR 16 AND 16C0AM
RLOCE GRANT 00NTRAC15 — REMAER.IT
SINGLE FAYdYRGY66 FOR LOWCITYWME INODYE,_ Melt
�_
•
NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS
TO: CAPISTRANO VALLEY NEWS
Bea Gougeon, Legal
0
FOR PUBLICATION ON: THURSDAY, NOVEMBER 3, 1994
DOCUMENT TO BE PUBLISHED: NOTICE OF PUBLIC HEARING - AMENDMENT
TO THE YEAR 18 AND 19 COMMUNITY
DEVELOPMENT BLOCK GRANT CONTRACTS
FOR THE REHABILITATION OF SINGLE
FAMILY HOMES FOR LOW INCOME
HOUSEHOLDS CITYWIDE
PROOF OF PUBLICATION Please send to:
City Clerk's Division, City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(714) 493-1171
AUTHORIZED BY: C' -� - —
DATE: October 27, 1994
Date of Public Hearing -11/15/94
Date notice published -11/03/94
Date affidavit received -I I h I q4-- azr ,Q.
Date notice posted in
designated posting places (3) - 11/03/94
Date notice posted on property - N/A
Date of mailing notice to
interested parties - N/A
Date notice transmitted to
City Manager's Office - 10/28/94
notiARof
0
PUBLIC HEARING
CITY OF SAN JUAN CAPISTRANO
NOTICE IS HEREBY GIVEN, that on the 15th day of November, 1994, at 7:00 P.M. in the City
Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council will hold
public hearing on the following:
AMENDMENT TO THE YEAR 18 AND 19 COMMUNITY BLOCK
GRANT CONTRACTS - REHABILITATION OF SINGLE FAMILY HOMES
FOR LOW INCOME HOUSEHOLDS CITYWIDE
The Federal Department of Housing and Urban Development annually offers funds in the form of
Community Development Block Grant. The City received funding for the rehabilitation of single
family homes of low income households in Fiscal Year 1992-1993 and Fiscal Year 1993-1994. The
City Council will consider a request to amend the language in these contracts to allow for $10,000
in grant funds per low income household instead of the previously allowed $5,000 per low income
household.
This project has been processed and reviewed in accordance with the California Environmental
Quality Act (1970). It has been determined by the Planning Director that this project is categorically
exempt (Class 1) therefore a Certificate of Exemption was issued.
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, prior to the meeting, by writing to the City Council at 32400 Paseo
Adelanto, San Juan Capistrano, California 92675, Attention: City Clerk. Government Code Section
54957.5 stipulates that writings distributed to the legislative body by any person are public records
and shall be made available without delay. If you bring written information to the City Council
meeting for distribution to the City Council at such meeting, please provide additional copies for
distribution to the audience.
For further information, you may contact Mary Raskin, Planning Department, at 443-6330.
Log 1 a Wd Wei1 i l�
Mel •a •►1_
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
1��AMIJMIJUMMIULMM
I, CHERYL JOHNSON, declare that I am the duly appointed and qualified City Clerk
of the City of San Juan Capistrano; that on November 3, 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 ; clic Library
AND, that on November 3, 1994, the aoove Notice was published in the Capistrano Valley News
newspaper.
I declare under penalty of perjury that the foregoing is true and correct.
CHERYL JOHNSON,%
City of San Juan Capistrano
California
W721
4
5
0
UNTY OF
3 /=,FtA" 4a a
0
MICHAEL M. RUANE
DIRECTOR, EVA
NNOVDHONGCHAI PUSAVAT
8 1994 DIRECTOR OF HOUSING AND
REDEVELOPMENT
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND REDEVELOPMENT
November 7, 1994 FILE
Mary Raskin
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92677
RE: CDBG Amendments - Contract No.'s EC41175 and EC41455
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
amendments to Contract EC41175 (Year XVIII) and No. EC41455 (Year XIX),
per City's request, for execution by its City Attomey and Mayor and attested by
the City Clerk. Included are:
If I can be of further assistance, please contact me at 568-4210.
Attachments
cc: M. Manzo, Chief, HPS/GM
Sincerely yours, �C
Michael Chiaramonte
HPS-Grant Management
0 •
in the Los Rios Precise Plan. She expressed concern that allowing a business as a primary use in the
structure would set an unwanted precedent for the Los Rios District. Although she was not opposed
to having the visitor's center as a use at this location, she emphasized that the visitor's center should be
accommodated only as a secondary use to the primary residential use, with 50% open space as required
by the Los Rios Precise Plan. Issues of concern include definition of secondary dwelling unit and
caretaker's cottage, traffic, and use intensity. In addition, she recommended that staff ascertain which
development fees are to be paid by the applicant and which are to be waived.
Don Frey, 27672 Paseo Barona, Chairman of the Swallows Foundation, emphasized the need for a
hospitality/visitor's center in the City. He felt that the location of this house in the downtown area and
adjacent to the railroad depot was excellent for this use. He stated he was willing to work within the
guidelines of the Los Rios Precise Plan and City standards and that the use was not meant to be
commercial or to create traffic. The underlying goal was to provide a forum to benefit the City. He
noted that the purchase price of the residence is $215,000.
Council Member Nash commended the Swallows Foundation for preserving the residence with this use.
She felt that the City should assist in the purchase of the residence and that the applicant should comply
with provisions in the Los Rios Precise Plan. Council Member Hausdorfer emphasized that the
residential character of the neighborhood must be maintained and expressed concern with setting a
precedent with this use. To minimize any risks to the City, he recommended that the City be in sole
first possession in the title for protection in the event of foreclosure, and that the appraised value of the
property must be at least $215,000.
Denial of Request for One -Year. Interest -Free Loan and Authorization to Prepare Documents
for a Five -Year Loan:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that the request by
the Swallow's Foundation for a one-year, interest-free loan of $35,000 to assist the Foundation in
rehabilitating the Combs' House be denied. Staff was authorized to prepare appropriate documents for
City Council approval of the $35,000 loan, subject to the "Terms of City Participation" outlined in the
Report. Staff was also authorized to appropriate $35,000 from unallocated General Fund reserves for
this purpose. The motion carried, with Mayor Jones absent and Council Member Vasquez abstaining
because of a potential conflict of interest.
Mayor Jones returned to the Chamber and resumed his duties.
DIRECTOR OF PLANNING SERVICES
1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
—� 2.
Written Communication:
Report dated April 20, 1993, from the Planning Director, advising that two new Architectural Control
applications were received by the City since the last report of March 16, 1993.
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and
unanimously carried that the Report be received and filed.
Written Communication: I
Report dated April 20, 1993, from the Planning Director, recommending that the $75,000 in CDBG
funds allocated for fiscal year 1992-93 be used to provide grants for the rehabilitation of qualifying
mobile homes ($50,000) and the rehabilitation of private properties for low- and moderate -income
residents ($25,000).
City Council Minutes -7- 4/20/93
Ap2roval of Year 18 CDBG Opsrating Agreements:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that the Year 18 CDBG Operating Agreements in the amount of S75,000 in funding be approved
for the rehabilitation of mobile homes ($50,000) and the rehabilitation of private properties for low- and
moderate -income residents ($25,000). The Mayor was authorized to execute the Agreements on behalf
of the City.
DMR CCOR OF ENGINEERING AND BUILDING SERVICES
1. ASSIGNMENT OF IMPROVEMENT AGREEMENTS - TRACTS 12262 AND 12423. GLENFED
DEVELOPMENT CORPORATION AND CCL REALTY LTD. (600.30)
Written Communication:
Report dated April 20, 1993, from the Director of Engineering and Building, recommending that
Assignment Agreements be approved with Glenfed and CCL Realty to transfer the responsibilities for
completion of the remaining public and private improvement work required by the tracts' Improvement
Agreements from Glenfed to CCL Realty. Staff based its recommendation on the fact that the majority
of the private and public improvements had already been completed by Glenfed, with the remaining
work to be completed by the new builder prior to the issuance of Certificates of Occupancy.
Adoption of Resolution Approving Assignment of Improvement Agreement for Tract 12262:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
RESO LUTIO N NO.93-4-20-3. ASSIGNM ENT OF IMPRO V EMENT AGREEMENT
FROM GLENFED DEVELOPMENT CORPORATION TO CCL REALTY LTD.
(TRACT 12262) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF
IMPROVEMENT AGREEMENT TO TRANSFER ALL OBLIGATIONS, DUTIES,
AND RIGHTS FROM GLENFED DEVELOPMENT CORPORATION, A
CALIFORNIA CORPORATION, TO CCL REALTY (CALIFORNIA) LTD.
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Adoption of Resolution Approving Assignment of Improvement Agreement for Tract 12423:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
RESOLUTIONNO.93-4-20-4.ASSIGNMENT OFIMPROVEMENTAGREEMENT
FROM GLENFED DEVELOPMENT CORPORATION TO CCL REALTY LTD.
(TRACT 12423) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF
IMPROVEMENT AGREEMENT TO TRANSFER ALL OBLIGATIONS, DUTIES,
AND RIGHTS FROM GLENFED DEVELOPMENT CORPORATION, A
CALIFORNIA CORPORATION, TO CCL REALTY (CALIFORNIA) LTD.
The motion carried by the following vote:
City Council Minutes -8- 4/20/93
AGENDA ITEM April 20, 1993
TO: George Scarborough, City Manager
FROM: Thomas Tomlinson, Director of Planning
SUBJECT: Housing and Community Development Block Grant Program:
Approval of 18th Year Contracts (FY 92-93).
--------- _______---_______________________
By motion, authorize the Mayor to execute the 18th year Community
Development Block Grant operating agreements.
A. Summary and Recommendation
The City has been allocated $75,000 in Housing and Community
Development Block Grant (CDBG) funds for Year 18, Fiscal Year
1992-1993 (attachments 1 and 2). These funds will be used to
provide grants for the rehabilitation of qualifying
mobilehomes and private housing properties in the City. Year
18 funds represent $15,000 more funding than that received in
Year 17. Staff recommends that the attached contracts with
the County for the use of these funds be approved by the City
Council.
B. Background
The CDBG program provides Federal funds for improvements to
housing and public facilities which are of benefit to low and
moderate income persons, as defined by the Office of Housing
and Urban Development (HUD). The 1974 Housing and Community
Development Act authorizes cities under 50,000 in population,
such as San Juan Capistrano, to receive funding through the
County Housing and Community Development program.
In 1992, the County Board of Supervisors approved funding for
the City's 1992-1993 Year 18 program as follows:
R12.10 Rehabilitation of Private Properties, $25,000
Citywide Housing Rehabilitation
Program for low and moderate income
residents in the City.
R12.40 Rehabilitation of Private Properties, $50,000
Mobilehomes: Program for low and
moderate income residents of the
seven mobile home parks in the City.
FOR CRY COUNCIL AGEN ���
0 0
Agenda Item 2
April 20, 1993
In order to receive these funds, it is necessary to authorize the
Mayor to execute the attached agreements.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS
A Block Grant Application Committee of community representatives,
as well as a Planning Commissioner, a member of the Los Rios Review
Committee and a member of the Mobile Home Park Review Committee
reviewed and approved the 18th year application to the County for
CDBG funds on October 3, 1991. The application was submitted as
a receive and file item to the Planning Commission and the Los Rios
Review Committee.
The City will be not incur any negative fiscal impacts as a result
of the implementation of these contracts. The City will be
reimbursed for all expenditures on the CDBG projects authorized by
these contracts by the County Housing and Community Development
Office.
PUBLIC NOTIFICATION
A public hearing was held by the
18th year application on November
is required.
ALTERNATE ACTIONS
City Council for approval of the
5, 1991. No further notification
1. By motion, approve the year 18 operating agreements for
CDBG funds, or;
2. By motion, approve the year 18 operating agreements for
CDBG funds, subject to modifications, or;
3. Continue the item and direct staff provide additional
information on specific issues.
Agenda Item 3 April 20, 1993
By motion, authorize the Mayor to execute the 18th year Community
Development Block Grant operating agreements.
Respectfully submitted,
Thomas
omas Tomlinson,
Director of Planning
Attachments
1. Year 18 Operating Agreement: Contract C41175
2. Year 18 Operating Agreement: Contract C41176
CDBGyr18.CC
inl0R.0APg0
• urxuuxm � 1961
1776
April 22, 1993
Mr, Dan DeMara, Planner IV
Orange County Environmental Management Agency
P. O. Box 4048
Santa Ana, California 92702-4048
Re:
Dear Mr. DeMara:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY L. HAUSDORFER
CIL JONES
CAROLYN NASH
JEFF VASC..EZ
G'ITY MANAGER
GEORGE SCARBOROUGH
The City Council of the City of San Juan Capistrano at its regular meeting held
April 20, 1993, approved Contract No. C41175 for Rehabilitation of Private
Properties City -Wide in the amount of $25,000; and, Contract No. C41176 for the
Rehabilitation of Private Properties - Mobile Homes in the amount of $50,000.
A copy of each Contract, with 5 signature pages attached, is enclosed. Upon
approval by the Board of Supervisors, please return one fully -executed copy to the
City Clerk's office for the City's official records.
Thank you for your cooperation. If we can be of further assistance, please call.
Very truly yours,
p -f�i�---
Cheryl Jo�(9!P �
City Clerk
Enclosures
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171