HomeMy WebLinkAboutReso 2023-030 DocuSign Envelope ID:C4FA561D-C05F-472F-A88C-3C8762194591
RESOLUTION NO. 2023-030
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING GRANTS FROM THE
CALIFORNIA STATE LIBRARY TARGETED STATE GRANT
PROGRAM FOR THE CINEMATIC ARTS ACADEMIC
CENTER AND LIBRARY'S LAND AND CONSTRUCTION
COSTS, AND AUTHORIZE THE CITY MANAGER OR
DESIGNEE TO NEGOTIATE AND EXECUTE AGREEMENTS
WHEREAS, on December 6, 2022, the City Council of the City of Chula Vista ("City
Council") voted to approve the Purchase and Sale Agreement ("PSA"), Project Development
Agreement ("PDA") and appropriation of $96.4 million for the development of the City's
Cinematic Arts Academic Center and Library Project ("Project"), project number GGV026; and
WHEREAS, the Project will satisfy the need for a new library in Millenia, expand the
footprint of the University-Innovation District and serve as an incubator for both the University
and Millenia Office; and
WHEREAS, the Project won the support of the State, and in the May 2022 revised State
Budget, Senator Atkins secured $5 million for land acquisition and entitlement costs for this
project via AB 179 (SEC 207. Section 19.56, Chapter 249, Statutes of 2022); and
WHEREAS, in the August 2022 revised budget, Assemblymember Alvarez submitted
budget trailer bill language to allocate $25 million in State funding to the City of Chula Vista to
construct the project via AB 179 (SEC 207. Section 19.56, Chapter 249, Statutes of 2022); and
WHEREAS,the $30 million in total State funds are being provided to the City through the
California State Library Targeted State Grant Program and staff submitted two grant applications
for review by the State Library Department in December 2022; and
WHEREAS, in December 2022, the City received a notice of intent to award the grant
funds contingent upon the California State Library receiving the funds; and
WHEREAS, the grant agreements cannot be entered into until the California State Library
is in receipt of the necessary funds and has communicated to staff that it is anticipated funds will
be received by the end of February 2023; and
WHEREAS, identified as a preclosing condition within Section 5.1.4 of the executed PSA,
by March 1, 2023, the City ("Buyer") should have entered into the contracts with the State of
California for the $30,000,000.00 in funding to be used for the land acquisition and vertical
development of the project; and
WHEREAS, Buyer has the right to waive the requirement to enter into the State grant
funding agreements by March 1, 2023, pursuant to Section 5.2 of the executed PSA and due to
timing constrains,Buyer has elected to exercise that right and timely notified seller of the waiver; and
DocuSign Envelope ID:C4FA561D-C05F-472F-A88C-3C8762194591
Resolution No. 2023-030
Page No. 2
WHEREAS, although the funds are not yet available, the draft agreements are, and the
City's comments on the draft agreements and a Notice of Unrecorded Grant Agreement have been
provided to the State and their counsel for review; and
WHEREAS, in order to move forward expeditiously, staff is seeking authority for the City
Manager or designee to negotiate and execute the agreements and Notice, so that the City may
receive the funds as soon as possible; and
WHEREAS, Resolution 2022-275 approved by the City Council on December 6, 2022,
appropriated the$66.4 million in City funding as well as the$30 million in State funding necessary
for the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it accepts grants from the California State Library Targeted State Grant Program for the
Cinematic Arts Academic Center and Library's land and construction costs; and
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
authorizes the City Manager or designee to negotiate and execute the Agreements and Notice, as
well as any other documents required or deemed necessary to secure the Project funds from the
State, in a final form subject to the review and approval of the City Attorney.
[SIGNATURES ON THE FOLLOWING PAGE]
DocuSign Envelope ID:C4FA561D-C05F-472F-A88C-3C8762194591
Resolution No 2023-030
Page No 3
Presented by Approved as to form
DocuSigned by: DocuSigned by:
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2FC559998BD74C4... By: FFR949DC)9R5747F
Eric C. Crockett Jill D.S. Maland
Deputy City Manager/Director of Economic Lounsbery Ferguson Altona&Peak
Development Acting City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 7th day of March 2023 by the following vote:
AYES: Councilmembers: Cardenas, Chavez, Gonzalez,Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
DocuSigned by:
7804EC23B90B473_.
John McCann, Mayor
ATTEST:
DocuSigned by:
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3074D104EAF342E...
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2023-030 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 7th day of March 2023.
Executed this 7th day of March 2023.
DocuSigned by:
E1-
3074D104EAF342E...
Kerry K. Bigelow, MMC, City Clerk