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HomeMy WebLinkAbout2012/06/19 Item 07CITY COUNCIL 4 STATEMENT ~`~~ CITY OF CHULA VISTA 6/19/12, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION TO ACCEPT $2.8 MILLION FROM STATE PROP 84 FUNDS TO BUILD SOUTH CHULA VISTA ORA E AVENUE PARK SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ASSISTANT DIRECT R OF ENGINE G REVIEWED BY: CITY MANAGER ASSISTANT CIT MANAGER 5~ 4/STHS VOTE: YES ^ NO SUMMARY California voters passed Proposition 84 (Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006) on November 7, 2006. Funding for the $368 million Statewide Park Program Grant was made available through the Sustainable Communities and Climate Change Reduction chapter within Proposition 84. This Statewide Park Program awards grants on a competitive basis for the creation of new parks and new recreation opportunities in proximity to the most critically underserved communities across California. On May 10, 2011, Council authorized staff to apply for round two Statewide Pazk Program Grant Funds to pay for the development of this park. In a letter dated March 26, 2012 from the California State Parks' Office of Grants and Local Services (OGALS), the City was awarded $2.8 million of Round Two Statewide Park Program Grant funds for the Orange Avenue Park Project. The project was one of the 64 selected for funding from a pool of more than 400 applications. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 32 categorical exemption pursuant to Section 15332 [In-Fill Development Projects] of the State CEQA Guidelines because the proposed action consists of the acceptance of Statewide Park Program Grant Program funds for the development of an open space neighborhood park. The proposed pazk development meets all the conditions of Section 15332 in that the park will be consistent with the general plan and zoning designations, development will occur within the city limits and it will be less than 5 acres, the project site has no value as habitat for endangered, rare or threatened species, approval will not result in any significant effects relating 7-1 6/19/12, Item ~ Page 2 of 3 to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services. Thus, no further environmental review is required RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION The Statewide Park Program provides grant funding for the creation of new pazks and recreation opportunities in underserved communities in California. This competitive program was created by Assembly Bill 31, Chapter 623, and Statutes of 2008. There were two rounds awarding $368 million to critically underserved communities across California. In the first round of funding, the City was not awarded a grant for the Orange Avenue Park site. Round two made $184 million available for the creation of new parks and recreation centers in critically underserved communities throughout California. Following denial of the first round, Grant staff continued to work closely with the community and State Grant staff to file for the second round of State Park funding. On March 27, 2012, the City received official notification of a grant award in the amount of $2.8 million from the California State Pazks' Office of Grants and Local Services (OGALS) to build the South Chula Vista Orange Avenue Park. Round two of the Statewide Park Program was very competitive and the City's project was one of 64 projects elected for funding from a pool of more than 400 applications. Acceptance of the grant monies is subject to the City Council's approval of the State of California Grant Contract. Staff is recommending the City Council enter into an agreement with the California Department of Parks and Recreation for acceptance of $2.8 million to build Orange Avenue Park. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Councilmember Ramirez has property holdings within 500 feet of the boundaries of the property, which is the subject of this action. CURRENT YEAR FISCAL IMPACT There is no fiscal impact in FY2012-13. The FY 2012-13 proposed budget includes $2.8 million in the State Grant Fund that will be appropriated as part of the adoption of the FY2012-13 budget. 7-2 6/19/12, Item ~ Page 3 of 3 ONGOING FISCAL IMPACT Following construction of the park, it is anticipated the City will incur some water, services and supply costs to maintain the park. Additional staff to augment City Park gardening crews may also be necessazy. Staff will address budget and staffing needs in the FY2013-14 budget. ATTACHMENTS 1. California Departrnent of Pazks and Recreation Grant Contract Prepared by: Silvia Cosio, Acting Senior Management Analyst, Public Works J: IEngineerlAGENDAICAS2012106-79-121Prop 84 Orange Avenue Park -Acceptance REV2. docx 7-3 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~~ ~~ ~av~cy Fr'2 GG Glen . Googins City Attorney Dated: ~ ~ 5 - t Z GRANT CONTRACT AGREEMENT BETWEEN THE CITY OF CHULA VISTA, AND STATE OF CALIFORNIA -NATURAL RESOURCES AGENCY DEPARTMENT OF PARKS AND RECREATION FOR 2006 PARKS BOND ACT STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION 7-4 State of Catlfomia -Natural Resources Agency Department of Parks and Recreation GRANT CONTRACT 2006 Parks Bond Act Statewide Park Development and Community Revitalization GRANTEE City of Chula Vista GRANT PERFORMANCE PERIOD is from July 07, 2011 through June 30, 2019 CONTRACT PERFORMANCE PERIOD is from July 07, 2011 through June 30, 2041 PROJECT TITLE SOUTH CHULA VISTA LIBRARYlORANGE AVENUE PARK PROJECT NUMBER sw-37-Dos The GRANTEE agrees to the terms and conditions of this contract, hereinafter referred to as AGREEMENT, and the State of Cairforn acting through its Director of Parks and Recreation, pursuant to the State of Cal"rfomia, agrees to fund fhe total State grant amount indicated below. The GRANTEE agrees to complete the GRANT SCOPE as defined in the GRANT SCOPE /Cost Estimate Form of APPLICATION filed vvith the State of Cafrfomia referenced by the application number indicated above. The General and Special Provisions attached are made a part of and incorporated into the Contract City of Chula Vista By Typed or printed name of AuNOr¢etl Representative Address Signature of Authorized Representative Title Director of Public Works Date STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By Date CERTIFICATION OF FUNDING CONTRACT NO AMENDMENT NO CALSTARS VENDOR NO. PROJECT NO. C6908002 OOOODD43110D SW37-005 AMDUNT ENCUMBERED BY THIS DOCUMENT FUND. - 52,800,000.00 SAFE DRINKING WiR, COASTAL PROTECTION FUND OF 2006 '~, PRIOR AMOUNT ENCUMBERED FOR THIS ITEM CHAPTER STATUTE FISCAL YEAR CONTRACT 3790-102-6057(1) 33/71 11 2017/72 TOTAL AMOUNT ENCUMBERED TO DATE INDEX OBJ. EXPEND PCA PROJECT/WORK PHASE s $2,800,000,00 1091 702 65107 T.B.A. NO. I hereby cedify upon my personal knowledge that budgeted funtls are available for this encumbrance. B.R.. ND. ACCOUNTING OFFICER'S SIGNATURE PATE. 7-5 I. RECITALS 1. This AGREEMENT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," or "STATE") and Citv of Chula Vista (hereinafter referred to as "GRANTEE"). The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 authorizes STATE to award grants to eligible entities for the purpose of Division 43 of the Public Resources Code. 3. Pursuant to the Statewide Park Development and Community Revitalization Act of 2008, STATE is authorized to oversee and manage grants to eligible entities for the purposes stated within its provisions. Funding for this three hundred sixty eight million ($368 million) grant program was made available through the Sustainable Communities and Climate Change Reduction chapter in Proposition 84. (Public Resources Code Division 43, Chapter 9, §75065(b). 4. Pursuant to the Proposition 84 2006 Bond Act, STATE is authorized to oversee and manage grants to eligible entities for the purposes stated within its provisions. Funding for the ninety three million ($93 million) Nature Education Facilities Program grant program was made available through the Parks and Nature Education Facilities chapter in Proposition 84. (Public Resources Code Division 43, Chap. 8, §75063 (b). Sustainable Communities and Climate Change Reduction chapter in Proposition 84. (Public Resources Code Division 43, Chapter 9, §75065(b)., STATE is authorized to oversee and manage grants to eligible entities for the purposes stated within its provisions. Funding for this three hundred sixty eight million ($368 million) grant program was made available through the Sustainable Communities and Climate Change Reduction chapter in Proposition 84. (Public Resources Code Division 43, Chapter 9, §75065(b). The STATE hereby grants to GRANTEE a sum (hereinafter referred to as "GRANT MONIES") not to exceed $2.800.000 ,subject to the terms and conditions of this AGREEMENT, the GUIDES, any legislation applicable to the ACT, and the APPLICATION. 7. In consideration thereof GRANTEE agrees to abide by the terms and conditions of this AGREEMENT as well as the provisions of the ACT. GRANTEE acknowledges that the GRANT MONIES are not a gift or a donation. 8. In addition to the terms and conditions of this AGREEMENT, the parties agree that the terms and conditions contained in the documents set forth below are hereby incorporated into and made part of this AGREEMENT. a. The GRANT ADMINISTRATION GUIDE; b. The APPLICATION GUIDE; c. The submitted APPLICATION. 7-6 ll. GENERAL PROVISIONS A. Definitions As used in this AGREEMENT, the following words shall have the following meanings: 1. The term "ACT" means the statutory basis for these grant programs. 2. The term "APPLICATION" means the individual project application packet for a grant pursuant to the enabling legislation and/or grant program process guide requirements. 3. The term "ACQUISITION" means to obtain fee title of real property or a permanent easement which provides the recipient permanent rights to use the property for the purposes of the project. Leases or rentals do not constitute ACQUISITION. 4. The term "CONTRACT PERFORMANCE PERIOD" means the period of time described in Section 1 of this AGREEMENT. 5. The term "COMPETITIVE GRANT PROGRAM" means the Statewide Park Program or Nature Education Facilities Program. 6. The term "DEVELOPMENT" means capital improvements to real property by means of construction of permanent or fixed features of the property. 7. The term "GRANT PERFORMANCE PERIOD" means the period of time described in the contract face sheet during which eligible costs can be charged to the grant and which begins on the date of appropriation and ends on the fund liquidation date. 8. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form found in the APPLICATION. 9. The term "GUIDES" means the documents identified as the "Application Guide for the Statewide Park Development and Community Revitalization Act of 2008", or the "Application Guide for the Nature Education Facilities Program" and the "Grant Administration Guide". The GUIDES provide the procedures and policies controlling the administration of the grant. 10. The term "PROJECT TERMINATION" refers to the non-completion of a GRANT SCOPE. 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 AGREEMENT, in consideration of, and on condition that, the sum be expended in carrying out the purposes set forth in the GRANT SCOPE, and under the terms and conditions set forth in this AGREEMENT. 2 7-7 The GRANTEE shall assume the obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE. 2. After STATE has approved the APPLICATION, all changes and alterations to the GRANT SCOPE must be approved in writing by the STATE. GRANTEE'S failure to comply with this provision may be construed as a breach of the terms of the AGREEMENT and result in the termination of the project. 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 complete the GRANT SCOPE in accordance with the time of the GRANT PERFORMANCE PERIOD set forth in the contract face sheet, and under the ferms and conditions of this contract. 4. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et. seq., Title 14, California Code of Regulations, Section 15000 et. seq.). 5. The GRANTEE shall at all times comply with all applicable current laws and regulations affecting ACQUISITION and 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.) 6. If the GRANT SCOPE includes ACQUISITION of real property, fhe GRANTEE agrees to comply at all times with all applicable State and local laws or ordinances affecting relocation and real property ACQUISITION. 7. GRANTEE agrees that lands acquired with GRANT MONIES shall not be acquired through the use of eminent domain. C. Project Costs 1. GRANTEE agrees to abide by the GUIDES. GRANTEE acknowledges that the STATE may make reasonable changes to its procedures as set forth in the GUIDES. If the 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 ACQUISITION projects, the GRANT MONIES shall be placed in an escrow account. If GRANT MONIES are advanced and not expended, the unused portion of the advanced funds shall be returned to the STATE within 60 days after the close of escrow. 7-8 2. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Advanced funds must be spent within six months from the date of receipt, unless the STATE waives this requirement. Interest earned on the advanced funds shall be used on fhe 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. 3. 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 PERFORMANGE PERIOD, whichever is earlier. The GRANT PERFORMANCE PERIOD is identified in the contract face sheet. 4. The STATE shall have the right to inspect all property or facilities acquired and/or developed pursuant to this contract and the GRANTEE shall make said property available for inspection upon 24 hours notice from the STATE 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. 6. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE. E. Project Termination 1. In the event of non-completion of a GRANT SCOPE, the STATE may request the return of any grant funds advanced or reimbursed. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE. 2. Unless the provisions of this AGREEMENT provide otherwise, after encumbrance, this contract may be rescinded, modified or amended only by mutual written agreement between the GRANTEE and the STATE, unless the provisions of this AGREEMENT provide that mutual agreement is not required. 3. Failure by the GRANTEE to comply with the terms of this AGREEMENT 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 AGREEMENT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability. 4. Because the benefit to be derived by the STATE, from the full compliance by the GRANTEE with the terms of this contract, is the preservation, protection and net 4 7-9 increase in the quantity and quality of parks, public recreation facilities, opportunities and/or historical resources available to the people of the State of California and because such benefit exceeds to an immeasurable and unascertainable extent, the amount of money furnished by the STATE by way of GRANT MONIES under the provisions of this contract, the GRANTEE agrees that payment by the GRANTEE to the STATE of an amount equal to the amount of the GRANT MONIES disbursed under this AGREEMENT by the STATE would be inadequate compensation to the STATE for any breach by the GRANTEE of this AGREEMENT. The GRANTEE further agrees therefore, that in addition to compensatory damages, the appropriate remedy in the event of a breach of this AGREEMENT by the GRANTEE shall be the specific perfonnance of this contract, unless otherwise agreed to by the STATE. F. Budget Contingency Clause For purposes of this program, if funding for any fiscal year is reduced or deleted by the budget act, executive order, the legislature, or by any other provision of statute, 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 a reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, subsection 2, of this AGREEMENT. G. Indemnity 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. To the fullest extent of the law, 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 Govemment 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 STATE shall bear its own litigation costs, expenses, and attorney's fees. 4. The GRANTEE and the STATE agree that in the event ofjudgment 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 5 7-10 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 1. The GRANTEE shall maintain satisfactory financial accounts, documents and 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 final payment, whichever is later. 2. 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. 3. 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 5 years following final payment. 4. The GRANTEE shall use a generally accepted accounting system. Use of Facilities 1. The GRANTEE agrees to operate and maintain any 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, any income earned by the GRANTEE from a STATE approved non-recreational use of the project shall be used for recreational purposes at the project, or, if approved by the STATE, for recreational purposes within the GRANTEE's jurisdiction. 3. All facilities shall have operating hours consistent with the times proposed in the APPLICATION and be open to members of the public in accordance with the project selection criteria in the APPLICATION, unless otherwise granted permission by the State and except as noted under the special provisions of this AGREEMENT or under provisions of the enabling {egislation and/or grant program. 6 7-11 4. The GRANTEE agrees that for the duration of the CONTRACT PERFORMANCE PERIOD, any property acquired or developed with GRANT MONIES under this AGREEMENT shall be used only for the purposes of the grant and consistent with the GRANT SCOPE referenced in the APPLICATION unless prior written approval is given by the State. 5. The GRANTEE agrees to use any property acquired or developed with GRANT MONIES under this AGREEMENT only for the purposes of the grant and no other use, sale, or other disposition shall be permitted except as authorized by a specific act of the legislature in which event the property shall be replaced by the grantee with property of equivalent value and usefulness as determined by STATE. 6. The property acquired or developed may be transferred to another eligible entity only if the successor entity assumes the obligations imposed under this AGREEMENT and with written approval of the STATE. 7. 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 of California, acting through the DPR, or its successor, 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 DPR a guarantor or a surety for any debt or mitigation, nor does it waive DPR's rights to enforce performance under the Grant Contract. 8. 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. 9. 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, creed, color, national origin, age, religion, ancestry, sexual orientation, disability, medical condition, or marital status in the use of a specific facility included in the GRANT SCOPE. 2. The GRANTEE shall not discriminate against any person on the basis of residence, and shall not apply differences in admission or other fees on the basis of residence. Fees shall be reasonable and not unduly prevent use by economically disadvantaged members of the public. 7 7-12 K. Severability If any provision of this AGREEMENT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the AGREEMENT which can be given effect without the invalid provision or application, and to this end the provisions of this contract are severable. L. Liability STATE assumes no responsibility for assuring the safety of construction, site improvements or programs related to the GRANT SCOPE. The STATE'S rights under this AGREEMENT 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. M. Assignability Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this AGREEMENT shall not be assignable by the GRANTEE either in whole or in part. N. Section Headings The headings and captions of the various sections of this AGREEMENT have been inserted only for the purpose of convenience and are not a part of this AGREEMENT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this AGREEMENT. O. Waiver Any failure by a party to enforce its rights under this AGREEMENT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this AGREEMENT shall not be construed as a waiver of any subsequent breach. Citv of Chula Vista Grantee By: Signature of Authorized Representative (Position Authorized in the Resolution) Title: Director of Public Works Date: 7-13 RESOLUTION NO. 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION TO ACCEPT $2.8 MILLION FROM STATE PROP 84 FUNDS TO BUILD SOUTH CHULA VISTA ORANGE AVENUE PARK WHEREAS, California voters passed Proposition 84 (Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006) on November 7, 2006; and WHEREAS, funding for the $368 million Statewide Park Program Grant was made available through the Sustainable Communities and Climate Change Reduction chapter within Proposition 84 ;and WHEREAS, this Statewide Park Program awards grants on a competitive basis for the creation of new parks and new recreation opportunities in proximity to the most critically underserved communities across California; and WHEREAS, on May 2011 Council authorized staff to apply for round two Statewide Park Program Grant Funds to pay for the development of the South Chula Vista Orange Avenue Park; and WHEREAS, in a letter dated March 26, 2012 from the California State Parks' Office of Grants and Local Services (OGALS), the City was awarded $2.8 million of round two Statewide Park Program Grant funds for the Orange Avenue Park Project; and WHEREAS, acceptance of the grant monies is subject to the City Council's approval of the State of California Grant Contract. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista enter into an agreement with the California Department of Parks and Recreation to accept $2.8-million to build South Chula Vista Orange Avenue Park: Presented by Richard A. Hopkins Director of Public Works Approved as to form by ~C_~ D f r'~z v FGA Glen R. Googins ~G City Attorney 7-14