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RES-9714 Portion of Orange County Grant Allocation for Sports Center Gymnasium at Grijalva ParkRESOLUTION NO. 9714 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ACCEPTING A PORTION OF THE COUNTY OF ORANGE'S ALLOCATION OF' PER CAPITA GRANT PROGRAM FUNDS FROM THE STATE OF CALIFORNIA UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 FOR A SPORTS CENTER/GYMNASIUM AT GRIJALVA PARK; APPROVING A FINANCIAL ASSISTANCE AGREEMENT THEREFOR WITH THE COUNTY OF ORANGE; AND AUTHORIZING THE DEPARTMF:NT OF PARKS AND RECREATION OF THE STATE OF CALIFORNIA TO AMEND ITS GRANT CONTRACT WITH THE CITY OF ORANGE TO REFLECT THE ASSIGNMENT TO THE CITY OF A PORTION OF ORANGE COUNTY'S GRANT ALLOCATION. WHEREAS, the people of the State of Califomia have enacted the Per Capita GrantProgranl (the Program) under the Safe Neighborhood Parks, Clean Water, Clean Air andCoastalProtectionBondActof2000 (the Bond Act), which provides funds in the form of agrantfortheacquisition, development, improvement, rehabilitation, restoration,enhancement, and the development of interpretive facilities, of local parks and recreationallandsarldfacilities, including renovation of recreational facilities conveyed to local agenciesresultingfromthedownsizingordecommissioningoffederalmilitaryinstallations; and WHEREAS, the Department of Parks and Recreation of the State of Cali fomi a (DPR)has been delegated the responsibility for the administralion of the Program and, to that end,has established necessary rules and procedures governing applications by local agenciesundertheProgram; and WHEREAS, by Resolution No. 9663 adopted on November 12, 2002, the CityCounciloftheCityofOrangeauthorizedthefilingofanapplicationtoDPRforafinancialallocationof $1,173,000 to provide financial assistance for certain park improvements,including the slope stabilization and renovation of walkways and stairs at Eisenhower Park,the replacement of a restroom at El Modena Park, the replacement of play equipment at a totlotatSalltiagoPark, and the roof replacement and interior remodeling of the activity buildingatShafferPark; and WHEREAS, DPR subsequently approved the City's application and entered into aGrantContractwiththeCityforthepurposeofallocating $1,173,000 under the Program fortheCity's use in cOIDlection with the aforementioned improvements; and WHEREAS, on August 20, 2002, the Board of Supervisors of the County of Orange the County) authorized from the County's allocation of Bond Act Grant Funds a financial allocation of $2,895,400 for each supervisorial district for a total of $14,477,000 to provide financial assistance to eligible County or city park projects; and WHEREAS, on October 8, 2002, the County approved a Financial Assistance Agreement format for the County to execute with cities to document and require that when the County approves allocating a specific amount of the County's Bond Act Grant Funds to a city for a specific city capital project, that the city will use such grant funds only for the specific approved project and will approve an amendment to its Grant Contract with DPR to increase the Grant Contract by said grant amount; a1ld WHEREAS, on or about January 23, 2001 after first adopting Subsequent Mitigated Negative Declaration 1601-99, the City Council of the City of Orange approved the final site plan for the development of what was then referred to as "Prospect Street Community Park"and now known as Grijalva Park, which is located at Spring Street west of Prospect Street.Included as part of the final site plan is a sports center/gymnasium, which the City proposes to construct when funds become available (herein referred to as the Project); and WHEREAS, the City has requested the County to allocate a portion of the County' s Bond Act Funds to the Project; and WHEREAS, the City has advised the County that the Project meets both the DPR and the County's criteria for funding from the Bond Act; and WHEREAS, by the adoption of its Resolution No. 02-338 on November 5, 2002, the County acknowledged its willingness to participate in the Project and, accordingly, allocated to the City ofOrallge from the County's Bond Act Funds the sum of$l,OOO, OOO; and WHEREAS, the County further authorized DPR to amend the County' s Grant Contract for Per Capita Program Funds by decreasing the County's allocation by $1, 000,000 in favor of DPR's increasing the City of Orange's Per Capita Program Grallt Contract by a like amount conditioned upon DPR receiving approval and authorization from the City of Orange to make such amendment; and WHEREAS, the City Council desires to accept the County's assignment of a portion of the County's Bond Act Funds in the amount of $1,000,000 for the Project and further desJires to enter into a Financial Assistance Agreement in the form presented at this meeting by the City Manager and to authorize the City Mallager to amend the City's Grant Contract with DPR to consUlllIDate the transaction contemplated by the adoption of this Resolution.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows:Section 1.The foregoing recitals are true and correct. Section 2. The City Council hereby accepts the allocation from the County of the sum of$I,OOO,OOO to bll used for the Project. Section 3. The Financial Assistance Agreement, in the form as submitted by the City Manager, is hereby approved, and the City Manager is authorized to execute the Financial Assistance A/,,'Teement and such other documentation as the County may require to process the assignment to the City of $1,000,000 of the County's allocation of the County's Bond Act Grant Funds for the Project, and to submit same to the County on behalf of the City. Section 4. DPR is authorized to amend the City's Grant Contract for Per Capita Program Funds, decreasing the County's allocation by $1,000,000 in favor ofDPR increasingtheCityofOrange's Per Capita Program Grant Contract by a like amount. Section 5. The City Manager is authorized and directed to transmit to DPR a certified copy of this Resolution along with a request that the City's Per Capita ProgramGrantContractwithDPRbeamendedtoret1ecttheassignmentbytheCountyofaportionof its Bond Act allocation to the City in the aJllount of $1,000,000. Section 6. The City Council hereby appoints the City Manager as the agent for and on behalf of the City to conduct all negotiations and execute and submit all documents necessary and appropriate to consUlllIDate the transaction contemplated by the adoption of tru.,s Re,olution, including, but not limited to, the amendment to the City's Per Capita ProgramGrantContractwithDPRandothersuchdocumentation, agreements and amendments as the City Manager deems necessary and appropriate to consummate the transaction contemplatedbytheadoptionofthisResolution, and to administer the City's obligations, responsibilitiesanddutiestobeperformedhereunderandundertheFinancialAssistanceAgreement, the Grant Contract, as amended, and any other agreements lmtered into with the County and DPR in connection with the Program; and all actions preVIOusly taken by the City Manager in connection therewith are ratified and approved. ADOPTED the II th day of March, 2003. yofOrange ATTEST: l{4.i-1'.,,~{ J ~ /~,~Cassandra J. Cat , CIty Clerk, CIty of Orange I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 11th day of March, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN:COUNCIL MEMBERS: AMBRIZ, l\LVAREZ, MURPHY, COONTZ, CAVECCHE COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE i-17'Cassandra J. Cath , City Clerk, CIty