Report to Mayor and City Council
Tuesday, September 03, 2024
Consent
SUBJECT:
Title
CONSIDER APPROVING MEASURE A ANNUAL ALLOCATION GRANT AGREEMENT WITH THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (CITY COUNCIL)
Body
I. SUMMARY
In July 2024, the City of Carson was notified by the Los Angeles County Regional Park and Open Space District (RPOSD) that there is a new way by which Annual Allocation funds can be requested to be used for park projects. The City of Carson currently has $4,020,429.14 available to fund Measure A projects such as acquisition, development, and planning and design. To access the funds, the City Council is asked to approve the proposed Measure A Annual Allocation Grant Agreement in the Grants Management System for review and approval.
II. RECOMMENDATION
Recommendation
1. APPROVE the Measure A Annual Allocation Grant Agreement with the Los Angeles County Regional Park and Open Space District (Exhibit No. 1; the “Agreement”).
2. AUTHORIZE the Mayor to execute the Agreement following approval as to form by the City Attorney.
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III. ALTERNATIVES
TAKE another action City Council deems appropriate consistent with the requirements of the law.
IV. BACKGROUND
Measure A was approved by the voters of Los Angeles County in November 2016. It authorizes dedicated local funding for park, recreation, and open space projects and their maintenance through an annual special tax on all taxable real property in the County. Measure A is a parcel tax based on the square footage of improved property and includes both formula-based allocations to study areas and competitive grants that are open to public entities, non-profit organizations, schools, and other eligible entities, and it does not have a sunset date. Measure A makes funding available to eligible recipients for projects that repair and upgrade parks and recreational facilities; create new parks; preserve and protect open spaces and beaches; and support recreational programming. RPOSD facilitates online grant applications and administrative processes to provide efficient oversight of all eligible Measure A grants and programs.
On October 5, 2021, City Council approved Resolution No. 21-125 to grant the blanket authority to file applications for grant funds from the Los Angeles County Regional Park and Open Space District (RPOSD) for Measure A Funding for Projects and Programs (Exhibit No. 3). This Resolution certifies that the City of Carson understands and will comply with the assurances in the grant application form. It also appoints the City Manager or designee, to conduct all negotiations, and to execute and submit all documents necessary for the completion of projects or programs.
That said, the resolution does not preclude staff from seeking City Council approval for individual grant applications to the RPOSD. As stated in the October 5, 2021 staff report associated with the resolution, Staff would present to the City Council for approval any proposed grant applications prior to formal submittal to the RPOSD, as approval of the grants by RPOSD may carry certain conditions and restrictions of which Council should be apprised prior to submitting the respective applications (e.g., the grant agreement that was required for each grant award).
In July 2024, the City of Carson was notified by RPOSD that there is a new streamlined way by which Annual Allocation funds can be requested to be used for park projects. To access this money, City Council is asked to approve the proposed Measure A Annual Allocation Grant Agreement (Exhibit No. 1; “Agreement”). Once the Agreement is executed, City staff can submit project work plans in the Grants Management System for review and approval. RPOSD will issue a Notice to Proceed (“NTP”) for each approved project work plan. The NTP process eliminates the need for an individual grant agreement to be executed for each project and will allow agencies to begin their projects immediately upon issuance of an NTP.
The proposed Agreement is a non-negotiable requirement of accessing the Measure A grant funds, and contains some provisions of concern that the City Council should be aware of prior to moving forward, including the following:
• Restrictions on properties that are the subject of Measure A grant projects:
o Article 9 - City must record a deed restriction on any real property acquired or developed with the grant funds, requiring compliance with the Measure A resolution, in perpetuity;
o Article 32.D - City agrees to maintain and operate in perpetuity the property acquired, developed, rehabilitated or restored with grant monies, subject to the provisions of Measure A and the Agreement;
o Article 12 - City must use the property only for the purposes of Measure A and make no other sale, use or disposition of the property, except if the use of a property acquired with grant funds is changed to one other than a use permitted under the category from which the funds were provided, or if the property is sold or otherwise disposed of, an amount equal to the (1) amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the portion of such property acquired, developed, improved, rehabilitated or restored with the grant, whichever is greater, shall be used by the City for a purpose authorized in that category or shall be reimbursed to the Parks Fund and shall be available for a use authorized in that category;
o However, under Article 32.A, with the written consent of RPOSD, City may transfer property acquired with grant funds to another public agency; to certain nonprofit organizations; or to the California Department of Parks and Recreation, National Park Service, or the US Forest Service, at de minimis cost, provided that approval by RPOSD is obtained prior to the change and the successor assumes the obligations imposed under Measure A and accepts assignment of the Agreement. Under these conditions, City shall not be required to reimburse RPOSD;
o Article 35.A - Any proposed operating contracts, leases, concession contracts, management contracts or similar arrangements with nongovernmental entities that restrict the public use of a Measure A grant-funded project site for 30 consecutive days or more, must be reviewed by RPOSD prior to awarding as they relate to the project or project site in perpetuity. Any such contracts in existence must be disclosed prior to construction;
o Article 35.E - City agrees that it will not, without prior written consent of RPOSD, (a) permit the use of any portion of the project(s) by any private person or entity, other than on such terms as may apply to the public generally; or (b) enter into any contract for the management or operation of the project or any portion thereof, except with a governmental agency or a 501(c)(3) nonprofit.
• Indemnification:
o Under Article 14, City must indemnify, defend and hold harmless RPOSD for claims and liabilities arising out of the Agreement or the City’s Measure A grant projects, and RPOSD’s liability under the Agreement is limited to the payment of the grant funds;
o Under Article 35.D, if RPOSD is required to defend an action on a Public Records Act request for any of the contents of a City submission under the Agreement, City agrees to defend and indemnify RPOSD from all costs and expenses, in any action or liability arising under, or related to, the Public Records Act.
• Term and Termination:
o Article 2, Term: The Agreement will remain in effect in perpetuity unless terminated by RPOSD upon written notice;
o Article 34, NTP Termination - This section gives RPOSD the right to seek a refund of payments made, withdraw an NTP and/or terminate the Agreement if it makes certain determinations in its sole discretion.
• Other:
o Article 20, Audits: The City must maintain financial records and documents related to each NTP or project for at least five years after completion of the project. The City can be audited at any time during the Agreement term or within five years after termination of the Agreement. There is a process for responding to the audit within a time frame and with the supporting documentation in order to verify the expenditure;
o Article 11, Funding Acknowledgment: City must publicly acknowledge RPOSD’s financial assistance for each project that has been awarded Measure A funding through various media channels;
o Article 33, Breaches: In the event City breaches the Agreement, RPOSD may, without limitation, seek specific performance of the City’s obligations under the Agreement, or receive reimbursement of the grant funds awarded under the NTP.
o Article 35.B - City is responsible for complying with CEQA with respect to the projects for which grant funds are awarded.
V. FISCAL IMPACT
None at this time.
VI. EXHIBITS
1. Measure A Annual Allocation Grant Agreement (pgs. 3 - 23)
2. Los Angeles County Regional Park and Open Space District Annual Allocations and Balances (pgs. 24 - 25)
3. Resolution No. 21-125 (pgs. 26 - 27)
Prepared by: Michael Whittiker, Director of Community Services/Recreation/Park Maintenance; Tim Grierson, Recreation Superintendent; and Toni Costanzo, A/Principal Administrative Analyst