TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: P.J. Mellana, Director of Parks and Recreation Kristen Smith, Recreation Manager
SUBJECT: Consideration and possible action to adopt Resolution No. 24-04 – A Resolution approving application(s) for specified grant funds from Budget Act 2023/24, 19.561(b)(34) for $2,700,000 to the City of Bellflower, for the City of Bellflower capital outlay related to The Oak Center, and superseding Resolution No. 24-02.
DATE: February 12, 2024
EXECUTIVE SUMMARY
On Monday, January 22, 2024, the Bellflower City Council adopted Resolution No. 24- 02; subsequently the State of California Office of Grants and Local Services (OGALS) changed the Grant Officer related to Bellflower’s project. The new Grant Officer notified staff that the Resolution language and the Procedural Guide have since been updated and OGALS will require this new Resolution with the updated Procedural Guide.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 24-04; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The City has budgeted $12,369,449 for The Oak Center project in Fiscal Year 2023/2024, in Account Nos. 010-47604-9000, 030-47604-9000, and 070-47604-9000. If adopted, the resolution will allow the City to obtain additional grant funding in the amount of $2,700,000 from the Department, on a reimbursable basis, which will further reduce the overall financial burden to the City.
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1 Staff Report – Resolution No. 24-04, Approving Application(s) for Local Assistance Specified Grants
February 12, 2024
ENVIRONMENTAL REVIEW
The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guidelines §§ 15060(c)(2), 15061(b)(3), and 15378 exempt activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, activities where there is possibility that it may have a significant effect on the environment, and activities that do not constitute a “project” as defined, respectively. This activity is primarily a legislative tool to assess budgetary priorities and does not approve any of any specific projects for construction, and therefore does not have the potential to have a significant effect on the environment. Accordingly, no further review is required.
DISCUSSION
Historical background is provided in the attachments.
ATTACHMENTS
Resolution No. 24-04.. ……………………………………………..………….………………3
Procedural Guide for Local Assistance Specified Grants……..………….………………... 6 Staff Report and Resolution No. 24-02……..………….…………………...………………..46
2 CITY OF BELLFLOWER
RESOLUTION NO. 24-04
A RESOLUTION APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS FROM BUDGET ACT 2023/24, 19.561(b)(34) FOR $2,700,000 TO
THE CITY OF BELLFLOWER, FOR THE CITY OF BELLFLOWER CAPITAL
OUTLAY RELATED TO THE OAK CENTER, AND SUPERSEDING
RESOLUTION NO. 24-02
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The City Council finds and declares as follows:
A. This Resolution relates to the State Department of Parks and Recreation (the “Department”) award of grant monies to the City for capital improvements, including construction of The Oak Center.
B. On August 31, 2023 Assembly Speaker Emeritus Rendon notified the City that $2,700,000 in grant funds were being awarded to the City to assist with the construction of The Oak Center.
C. The Oak Center is a proposed new community center that will, among other things, serve youth and senior citizens.
D. The State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the City of Bellflower, setting up necessary procedures governing application(s).
E. The Department established a procedural guide that it provided to the City on January 8, 2024, which is attached as Exhibit A and incorporated by reference.
Said procedures established by the State Department of Parks and Recreation require the applicant’s Governing Body to certify by resolution the approval of project application(s) before submission of said application to the State; and
The applicant will enter into a contract with the State of California to complete projects; and
F. The City reviewed this Resolution’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et set., the “CEQA” Guidelines”), and the City’s Environmental Guidelines.
G. This Resolution is adopted based upon the entirety of the administrative record including, without limitation, the staff report submitted by the Director of Parks and Recreation.
SECTION 2. Factual Finding. The City Council:
A. Approves the filing of project application(s) for specified grant project(s); and
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Resolution No. 24-04
B. Certifies that said applicant has or will have available, prior to commencement of project work utilizing specified grant funds, sufficient funds, including those provided by this grant, to complete the project; and
C. Certifies that the applicant has or will provide sufficient funds to operate and maintain the project(s); and
D. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in this Procedural Guide; and
E. Delegates the authority to the City Manager, or designee 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 project scope(s); and
F. Agrees to comply with all applicable federal, state, and local laws ordinances, rules, regulations and guidelines.
SECTION 3. Authorization and Direction. The City Manager or designee is authorized and directed to enter into a grant contract with the Department, execute and deliver such applications, agreements and related documents as are reasonably required by the Department to obtain grant funding. The City Manager or designee is designated as the Authorized Representative in connection with the grant funds from Budget Act 2022/23.
SECTION 4. Supersession. Resolution No. 24-02, adopted January 22, 2024, is superseded in its entirety by this Resolution.
SECTION 5. Environmental Assessment. The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guidelines §§ 15060I(2), 15061(b)(3), and 15378 exempt activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, activities where there is possibility that it may have a significant effect on the environment, and activities that do not constitute a “project” as defined, respectively. This activity is primarily a legislative tool to assess budgetary priorities and does not approve any of any specific projects for construction, and therefore does not have the potential to have a significant effect on the environment. Accordingly, no further review is required.
SECTION 6. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts were made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
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Resolution No. 24-04
SECTION 7. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.
The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 8. Construction. This Resolution must be broadly construed to achieve the purposes stated in this Resolution . It is the City Council’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.
SECTION 9. Severability. If any part of this Resolution or its Application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 10. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 11. Execution. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Bellflower and the City Clerk, or her duly appointed deputy, may attest thereto.
SECTION 12. Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 12th DAY OF FEBRUARY 2024.
________________________________
Dan Koops, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
KARL H. BERGER, CITY ATTORNEY
________________________________
Justin A. Tamayo, Deputy City Attorney
ATTACHMENT:
Exhibit A - Procedural Guide
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17 State of California The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANTEE: PROJECT Name
PROJECTS funded by the program are not complete until the PROJECT SCOPE is complete, and the PROJECT is open to the public. PROJECTS will:
Be entirely funded by the GRANT, or
Require funds in excess of the GRANT.
If the PROJECT requires funds in excess of the GRANT, the SCOPE of the PROJECT may be either the SCOPE of the larger project, or a subset of the larger project.
For example, if the PROJECT is $100,000 towards construction of a $500,000 park, the SCOPE can be the $500,000 park, or a $100,000 element of the park, such as a playground, that can be complete and open to the public.
The PROJECT will be entirely funded by the GRANT, or
The PROJECT requires funds in excess of the GRANT:
The SCOPE is the same as the scope of the larger project, or The SCOPE is a subset of a larger project, the scope of that larger project is:
Larger project cost: $ Anticipated completion date:
List all funds that will be used. Submit revised Funding Sources form should funding sources be added or modified.
Funding Source Date Committed Amount
$
$
$
I represent and warrant that I have full authority to execute this Funding Sources Form on behalf of the GRANTEE. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the above- mentioned GRANT is true and correct to the best of my knowledge.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
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40 State of California The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Project Completion Certification Form
Grantee: Number:
contact for audit purposes
Name:
Address:
Phone: ( ) Email:
list the grant scope items:
Provide revised Funding Sources Form
Interest earned on advanced funds: $
Interest spent on : $
Yes No
Certification:
I hereby certify that all Grant funds were expended on the above named Project and that the Project is complete and we have made final payment for all work done.
I have read California Penal Code §118 and understand that every person who testifies, declares, deposes, or certifies under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury, which is a felony punishable by imprisonment in state prison for two, three, or four years.
Furthermore, I have read California Penal Code §72 and understand that every person who, with the intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or District board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony-misdemeanor punishable either by imprisonment in county jail for a period of not more than one year, by a fine not exceeding one thousand dollars, or both, or by imprisonment in state prison, by a fine not exceeding ten thousand dollars, or both.
I represent and warrant that I have full authority to execute this Project Completion Certification on behalf of the Grantee. I declare under penalty of perjury that the foregoing certification of Project Completion for the above-mentioned Grant is true and correct.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
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