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HomeMy WebLinkAbout12 - NB-1 - Approval of a Resolution for the Applica - 3/2/2021 1 CITY COUNCIL AGENDA REPORT MEETING DATE: MARCH 2, 2021 ITEM NUMBER: NB-1 SUBJECT: APPROVAL OF A RESOLUTION FOR THE APPLICATION OF PROPOSITION 68 GRANT FUNDS FROM THE STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION GRANT PROGRAM FOR THE KETCHUM-LIBOLT PARK RENOVATION/ EXPANSION PROJECT DATE: FEBRUARY 25, 2021 FROM: PARKS AND COMMUNITY SERVICES DEPARTMENT PRESENTATION BY: JASON MINTER PARKS & COMMUNITY SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: JASON MINTER, PARKS AND COMMUNITY SERVICES DIRECTOR (714) 754-5009 RECOMMENDATION: Staff recommends that the City Council adopt the proposed Resolution approving the submittal of a grant application to the California Department of Parks and Recreation, Proposition 68 Statewide Park Development and Community Revitalization Grant Program – also known as the Statewide Park Program (SPP) for the Ketchum-Libolt Park Playground Renovation Project (Attachment 1). Authorize the City Manager or designee to appropriate and execute any and all actions necessary to fulfill the grant requirements. BACKGROUND: The California Department of Parks and Recreation, Statewide Park Development and Community Revitalization Grant Program is funded by Proposition 68, the California Drought, Water, Parks, Climate, Coastal Protection and Outdoor Access for All Act of 2018. SPP is the largest park related grant program in California’s history and possibly U.S. history, with over $1 billion in funding between the 2006 Proposition 84 and 2018 Proposition 68 Bond Acts. Grant funding is available for the creation of new parks or the renovation of existing parks in underserved communities. ANALYSIS: For the current round of applications, the City’s grant application to the California Department of Parks and Recreation will request funding in the amount of $902,480 for the Ketchum-Libolt Park Renovation and Expansion project. This includes both the renovation of existing features as well as the proposed expansion into the Victoria Street parkway for an enhanced park experience. 2 In an effort to gather community input and meet the grant requirements, staff hosted community meetings at the Save Our Youth (SOY) Center (2), on Zoom (2), and at Ketchum- Libolt Park (1). The Parks, Arts and Community Services Commission is also scheduled to host a community input session as a part of its regular meeting on February 25, 2021. In addition to the community meetings, residents were encouraged to complete an online survey that was available in both English and Spanish. Results of the surveys are still pending at the time of this posting of the agenda. Questions on the survey included: How often do you visit the park?, What is your favorite feature in the park?, and What amenities would you like to see? Feedback from the community thus far included the following:  Expansion of the park into the adjacent Victoria Street parkway  Installation of new playground equipment and surfacing, including additional swings, equipment for toddlers, and a sandbox  Improve landscaping for the park entrance  Enhancements to picnic spaces including a shade component  Installation of additional park benches  Retention/Improvement of multi-use concrete space for skateboarding  Irrigation improvements  Drinking fountain for dogs  Installation of a bike track/bike training area In addition, the general assessment was to ensure the safety of the park users from traffic on Victoria Street, improve parking opportunities, keep the view corridors available to law enforcement, and keep/improve the lighting in the park to encourage play. To apply for these grant funds, the City is required to submit a resolution with its application. The purposes of the resolution, according to the application guidelines, are to provide a means for the City Council to demonstrate awareness of the terms of the contract, to provide confirmation that the City has the funding to complete the proposed project if the grant is awarded, and to designate an authorized representative to represent the City Council on all matters regarding each application and project. The proposed resolution designates the Public Services Director as the City’s authorized representative. The Sample Grant Contract is included (Attachment 2). Should the City be awarded the grant, staff would begin the design process by bringing on a Landscape Architect. The full design process would include additional community outreach and engagement by the Parks, Arts and Community Services Commission. ALTERNATIVES CONSIDERED: The City Council could choose not to adopt the resolution for the proposed Proposition 68 Grant Application. This alternative is not recommended as the City would not be eligible for grant funding and would have to find a funding source for the project. FISCAL REVIEW: No fiscal impact to the General Fund. Potential grant receipt of $902,480. LEGAL REVIEW: The City Attorney has reviewed this report and approved the proposed resolution as to form. 3 CITY COUNCIL GOALS AND OBJECTIVES: This project works toward achieving the following City Council Goals and Objectives:  Goal: Maintain and Enhance the City’s Infrastructure, Facilities, Equipment and Technology.  Objective: Update City Council on the Ketchum-Libolt Park improvements. CONCLUSION: Staff recommends that the City Council adopt the proposed Resolution approving the submittal of a grant application to the California Department of Parks and Recreation, Proposition 68 Statewide Park Development and Community Revitalization Grant Program – also known as the Statewide Park Program (SPP) for the Ketchum-Libolt Park Playground Renovation Project. Authorize the City Manager or designee to appropriate and execute any and all actions necessary to fulfill the grant requirements. RAJA SETHURAMAN JASON MINTER Public Services Director Parks and Community Services Director CAROL MOLINA, CPA KIMBERLY HALL BARLOW Finance Director City Attorney ATTACHMENTS: 1. 2. Ketchum-Libolt Park Renovation/Expansion Project Resolution Sample Grant Contract ATTACHMENT 1 RESOLUTION NO. 2021-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Statewide Park Development and Community Revitalization Grant Program, setting up necessary procedures governing the application; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa Mesa hereby: 1. Approves the filing of an application for the Ketchum-Libolt Park Renovation/Expansion project. 2. Certifies that said Applicant has or will have available, prior to commencement of any work on the project included in this application, sufficient funds to complete the project. 3. Certifies that if the project is awarded, the Applicant has or will have sufficient funds to operate and maintain the project. 4. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide. 5. Delegates the authority to the Public Services Director to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope. Resolution No. 2021- Page 2 of 3 6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. 7. Will consider promoting inclusion per Public Resources Code § 80001(b)(8 A-G). PASSED AND ADOPTED this 2nd day of March, 2021. _____________________________ Katrina Foley, Mayor ATTEST: APPROVED AS TO FORM: ________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney Resolution No. 2021- Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2021-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 2nd day of March, 2021, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 2nd day of March, 2021. ________________________ Brenda Green, City Clerk ATTACHMENT 2 Competitive Grant Program Contract 0 State of California — The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Sample Grant Contract Competitive Grant Program GRANTEE: Grantee Name GRANT PERFORMANCE PERIOD is from July 1, 2019 through June 30, 2024 CONTRACT PERFORMANCE PERIOD is from July 1, 2019 through June 30, 2049 The GRANTEE agrees to the terms and conditions of this contract (CONTRACT), and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below. The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the Development PROJECT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California. The General and Special Provisions attached are made a part of and incorporated into the Contract. Total State grant amount not to exceed $ [GRANT amount] GRANTEE AUTHORIZED REPRESENTATIVE Signature Date Print Name and Title STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION AUTHORIZED REPRESENTATIVE Signature Date Print Name and Title I. RECITALS This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT' or "STATE") and [grantee name] (hereinafter referred to as "GRANTEE"). The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES") not to exceed $grant amount, subject to the terms and conditions of this CONTRACT and the 20xx/xx California State Budget, Chapter xx, statutes of 20xx, Item number — 3790-xxx-xxxx (appropriation chapter and budget item number hereinafter referred to as "COMPETITIVE GRANT PROGRAM GRANT'). These funds shall be used for completion of the GRANT SCOPE(S). The Grant Performance Period is from July 1, 20xx to June 30, 20xx II. GENERAL PROVISIONS A. Definitions As used in this CONTRACT, the following words shall have the following meanings: 1. The term "ACT' means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT. 2. The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements. 3. The term "DEPARTMENT' or "STATE" means the California Department of Parks and Recreation. 4. The term "DEVELOPMENT' means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property. 5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT. 6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form found in each of the APPLICATIONS submitted pursuant to this grant. 7. The term "GUIDES" means (1) the document identified as the "Grant Administration Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Competitive Grant Programs Capital Improvement Projects" and (2) The Application Guide that established the competitive procedures and policies for the selection of projects. B. Project Execution 1. Subject to the availability of GRANT MONIES in the act, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT. The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S). The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE. 2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this contract. To maintain the integrity of the competitive grant program, the GRANTEE agrees that any other project changes or alterations which deviate from the intent of the project selection criteria provided by the GRANTEE in the original competitive APPLICATION must be submitted in writing to the STATE for prior approval. 3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, §21000, et seq., Title 14, California Code of Regulations, §15000 et seq.). 4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.) C. Procedural Guide 1. GRANTEE agrees to abide by the GUIDES. 2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the GUIDES. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time. D. Project Administration 1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the grant performance period, whichever is earlier. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The grant performance period is identified in Section I of this CONTRACT. 3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE. E. Project Termination 1. Project Termination refers to the non -completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE. 2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this contract provide that mutual agreement is not required. 3. Failure by the GRANTEE to comply with the terms of the (a) GUIDES, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability. 4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees. 5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public. F. Budget Contingency Clause If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT. G. Hold Harmless 1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees. 2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees. 3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE's litigation costs, expenses, and reasonable attorney fees. 4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified. H. Financial Records The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or issuance of final payment, whichever is later. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this CONTRACT or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this CONTRACT. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later. 4. The GRANTEE shall use a generally accepted accounting system. Use of Facilities 1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period. 2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE. 2. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE. 3. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under the Grant CONTRACT. 4. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro -rated full market value of the real property, including improvements, at the time of sale, whichever is higher. 5. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint. J. Nondiscrimination 1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract. 2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project CONTRACT or under provisions of the enabling legislation and/or grant program. K. Severability If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable. L. Liability 1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects. 2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE's and STATE'S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project. M. Assignability Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part. N. Use of Grant Monies GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property. O. Section Headings The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT. P. Waiver Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach. GRANTEE AUTHORIZED REPRESENTATIVE Signature Date Print Name and Title STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION AUTHORIZED REPRESENTATIVE Signature Print Name and Title Date