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3 - Santa Clara Valley Water District Grant AgreementMEETING DATE: 12/05/11 ° N 0 ITEM NO: 4 COUNCIL AGENDA REPORT 3 DATE: NOVEMBER 21, 2011 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: SANTA CLARA VALLEY WATER DISTRICT GRANT AGREEMENT ADOPT A RESOLUTION APPROVING THE TOWN OF LOS GATOS TO ACCEPT GRANT FUNDS FROM THE TRAIL AND OPEN SPACE GRANT PROGRAM UNDER THE CLEAN, SAFE CREEKS AND NATURAL FLOOD PROTECTION PROGRAM OF 2000. RECOMMENDATION Adopt a resolution approving the Town of Los Gatos to accept grant funds from the Trail and Open Space Grant Program under the Clean, Safe Creeks and Natural Flood Protection Program of 2000. BACKGROUND At its regular Town Council meeting held February 22 2011, the Council authorized Town staff to apply for and accept grant funds from the Santa Clara Valley Water District (SCVWD) for the construction of a pedestrian bridge adjacent to the future Creekside Sports Park. Town staff applied for the grant in March 2011 and in July 2011, the Town of Los Gatos was awarded a $300,000 grant. The approval of the Conditional Use Permit for the Los Gatos Creekside Sports Park did not include the pedestrian bridge alignment as proposed in the sports park master plan. As part of the adoption of the Creekside Sports Park Master Plan on October 3 2011, the Town Council directed staff to explore alternate alignments. Staff will be working with the SCVWD and Santa Clara County Parks to explore alternative alignments. Two potential alignments were previously studied as part of the feasibility study conducted by Santa Clara County Parks in 2003. Both of these alignments would qualify under the conditions of this grant. PREPARED BY : TODD CAPURSO Director of Parks and Public Works Reviewed by: _Assistant Town Manager Town Attorney finance N:\PPYA MANAGEMENT \COUNCIL \COUNCIL REPORTS\2011 Reports ecember 5\ SCVWDGrantAgreementCouncilReport .doc PAGE 2 NOVEMBER 29, 2011 MAYOR AND TOWN COUNCIL SUBJECT: SANTA CLARA VALLEY WATER DISTRICT GRANT AGREEMENT DISCUSSION In order for the Town to accept the grant award from the SCVWD, staff must complete, sign, and submit the grant agreement provided by the Water District. As part of the grant agreement, a resolution from the Town Council is required which includes the following provisions: 1. Approves the acceptance of Grant funds from the Trail and Open Space Grant Program under the Clean, Safe Creeks and Natural Flood Protection Program of November 2000. 2. Certifies that the Applicant has the ability to carry out the Project(s). 3. Certifies that the Applicant has or will have sufficient funds to carry out the Project(s). 4. Certifies that the Applicant has reviewed, understands and agrees to the Special Provisions, General Provisions and Financial Provisions contained in the Agreement. 5. Appoints the Director of the Parks and Public Works Department as their agent to conduct all negotiations, execute and submit all documents including, but not limited, to applications, agreements, payment requests and so on, which may be necessary for the completion of Project(s). The timeline identified for this grant program is as follows: • March 15, 2011 Applications due. • July 2011 Awardees notified. • January 2012 Awardees must have an executed agreement. • Dec. 30, 2015 Project must be completed. Upon acceptance of the grant award, Town staff will study potential alignments for a pedestrian bridge that will meet the grant requirements and the Town's needs. Any proposed bridge alignment will be subject to environmental review and notice to the public prior to approval of a pedestrian bridge project. In the event that Town does not approve a pedestrian bridge project that meets the requirements for the grant funding, then Town would be obligated to return the funds to SCVWD. CONCLUSION: Staff recommends that the Town Council adopt a resolution approving the Town of Los Gatos to accept grant funds from the Trail and Open Space Grant Program under the Clean, Safe Creeks and Natural Flood Protection Program of 2000. PAGE 3 NOVEMBER 29, 2011 MAYOR AND TOWN COUNCIL SUBJECT: SANTA CLARA VALLEY WATER DISTRICT GRANT AGREEMENT FISCAL IMPACT: The awarded grant will cover 48 % of the total cost of building the pedestrian bridge. This 48% may be a value up to $300,000. The current estimate for the pedestrian bridge is $629,750. The Town's financial share is estimated at $329,750. Funds have currently been allocated within the construction budget identified for the sports park in the Town's Capital Improvement Program. Upon receipt of the grant, staff will bring forward a budget adjustment as appropriate for Council consideration. ENVIRONMENTAL REVIEW: The recommended action is not a project as defined under CEQA, and no further action is required. ATTACHMENTS: 1. Resolution approving the Town of Los Gatos to accept grant funds from the Trail and Open Space Grant Program under the Clean, Safe Creeks and Natural Flood Protection Program of 2000. TFIIS PAGE INTENTIONALLY LEFT BLANK Attachment 1 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE TOWN OF LOS GATOS TO ACCEPT GRANT FUNDS FROM THE TRAIL AND OPEN SPACE GRANT PROGRAM UNDER THE CLEAN, SAFE CREEKS AND NATURAL FLOOD PROTECTION PROGRAM OF 2000 WHEREAS, the Santa Clara Valley Water District has enacted the Trail and Open Space Grant Program, which provides funds for the creation or restoration of tidal and riparian habitat; and WHEREAS, the Santa Clara Valley Water District's Watershed Stewardship Division has been delegated the responsibility for the administration of the Trail Grant Program, setting up necessary procedures; and WHEREAS, said procedures established by the .Santa Clara Valley Water District require The Town of Los Gatos to certify by resolution the approval of Grantee to apply for and accept Trail and Open Space Grant Program Funds; and WHEREAS, this resolution supplements resolution 2011 -008 adopted on February 22, 2011 which authorized the Town of Los Gatos to apply for and accept grant funds under the Clean, Safe Creeks and Natural Flood Protection Program of 2000; and WHEREAS, Grantee will enter into an Agreement with the Santa Clara Valley Water District. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos hereby: 1. Approves the acceptance of Grant funds from the Trail and Open Space Grant Program under the Clean, Safe Creeks and Natural Flood Protection Program of November 2000; and 2. Certifies that the Applicant has the ability to carry out the Project(s); and 3. Certifies that the Applicant has or will have sufficient funds to carry out the Project(s); and 4. Certifies that the Applicant has reviewed, understands and agrees to the Special Provisions, General Provisions and Financial Provisions contained in the Agreement; and 5. Appoints the Town Manager or his designee, as their agents to conduct all negotiations, execute and submit all documents including, but not limited, to Applications, agreements, payment requests and so on, which may be necessary for the completion of Project(s). PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 5 th day of December, 2011 by the following vote: COUNCIL: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA