HomeMy WebLinkAbout04 - Resolution Supporting Submission of Grant ApplicationsCITY OF
NEWPORT BEACH
City Council Staff Report
February 28, 2017
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: John Kappeler, Senior Engineer, jkappeler@newportbeachca.gov
PHONE: 949-644-3218
TITLE: Resolution Supporting Submission of Grant Applications Under the
Orange County Transportation Authority (OCTA) Measure M2 Tier 1
Environmental Cleanup Program (17X12)
ABSTRACT:
Staff plans on submitting one or more applications to OCTA in an effort to obtain grant
funding for a water quality trash cleanup projects.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or
indirectly; and
b) Adopt Resolution No. 2017-13, A Resolution of the City Council of the City of
Newport Beach, California, Supporting the Submission of a Grant Proposal for
Funding Under the Orange County Transportation Authority Environmental Cleanup
Tier 1 Grant Program and Authorizing the City Manager or Designee to Submit the
Proposal.
FUNDING REQUIREMENTS:
The proposed project(s) is not currently listed in the FY 16/17 Capital Improvement
Program Budget. Staff plans to request approximately $500,000 from the up -coming
OCTA Tier 1 grant application "Call for Projects". Should the City be successful and
awarded the full amount, the City's match requirement may be 20% or approximately
$100,000. Funding would then be budgeted in a future fiscal year or by budget
amendment.
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Resolution Supporting Submission of Grant Applications Under the
Orange County Transportation Authority (OCTA)
Measure M2 Tier 1 Environmental Cleanup Program (17X12)
February 28, 2017
Page 2
DISCUSSION:
OCTA has established and is administrating a grant funding program to address water
quality impacts associated with transportation -generated pollution as a component of
Measure M2. Measure M2 is a half -cent sales tax for transportation improvements
approved by Orange County voters in 2006.
For the Tier 1 grant program, a total of $19.5 million is projected to be available over a
seven-year period that began in FY11/12. Approximately $2.8 million is available for
this fiscal year's Call for Projects. Staff plans to submit one or more applications for
trash/debris capture projects such as continuous deflection structures (CDS),
trash/debris booms, and/or water wheel collection systems. These types of projects
have been reviewed and encouraged by the City's Water Quality/Coastal Tidelands
Committee.
As required by the grant application, an adopted resolution must be submitted stating
that the 1) City Council has reviewed and supports the application(s), 2) City is capable
of providing the required match funding and/or in-kind contributions, and 3) City agrees
to work with OCTA to meet established deadlines. If awarded a grant, the City Council
will be asked to accept the grant funds at a future meeting date.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Resolution
Attachment B — Location Map
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RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, SUPPORTING THE
SUBMISSION OF A GRANT PROPOSAL FOR FUNDING
UNDER THE ORANGE COUNTY TRANSPORTATION
AUTHORITY ENVIRONMENTAL CLEANUP TIER 1 GRANT
PROGRAM AND AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO SUBMIT THE PROPOSAL
WHEREAS, the Orange County Local Transportation Ordinance No. 3, dated July
24, 2006, known and cited as the Renewed Measure M Transportation Ordinance and
Investment Plan, has announced grant funding available through the Environmental
Cleanup Program to help protect Orange County beaches and waterways from
transportation generated pollution (urban runoff) and Improve overall water quality;
WHEREAS, the Environmental Cleanup Tier 1 Grant Program consists of funding
to purchase and install "street -scale" Best Management Practices (BMPs), such as catch
basin screens and filters, trash collection devices and street median irrigation retrofits;
WHEREAS, the Orange County Transportation Authority ("OCTA") has
established the procedures and criteria for reviewing grant proposals for the
Environmental Cleanup Tier 1 Grant Program;
WHEREAS, the City of Newport Beach ("City") possesses authority to nominate
water quality improvement projects that have a transportation pollution nexus and to
finance and construct the proposed projects, which may be eligible for grant funding
through the Environmental Cleanup Tier 1 Grant Program;
WHEREAS, by this Resolution, the City Council of the City of Newport Beach ("City
Council") authorizes the nomination of the Newport Bay Trash Reduction Project(s),
including all understanding and assurances contained therein, to submit a grant proposal
for funding through the Environmental Cleanup Tier 1 Grant Program and authorizes the
City Manager or his designee to act in connection with the nomination and grant proposal
and to provide such additional information as may be required;
WHEREAS, the City will maintain and operate the equipment acquired and
installed, or as otherwise defined within an agreement that assigns and obligates that
responsibility to another party(s);
WHEREAS, the City will give OCTA's representatives access to and the right to
examine all records, books, papers or documents related to the funded Tier 1 Grant
Project;
WHEREAS, if awarded a grant, the City will cause work on the project(s) to be
commenced within a reasonable time after receipt of notification from OCTA and that the
project will be carried to completion within reasonable diligence;
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Resolution No. 2017 -
Page 2 of 3
WHEREAS, the City will comply where applicable with provisions of the California
Environmental Quality Act, the National Environmental Policy Act, the American with
Disabilities Act, and any other federal, state and/or local laws, rules and/or regulations;
WHEREAS, if awarded a grant, the City will include all City projects funded by Net
Revenues from Tier 1 of the Program in the City's seven-year Capital Improvement
Program as part of the Renewed Measure M Ordinance eligibility requirement;
WHEREAS, if awarded a grant, the City Council, at future meetings, will authorize
a formal amendment to the City's seven-year Capital Improvement Program to add the
projects approved for funding upon approval from the OCTA Board of Directors; and
WHEREAS, the City will provide a minimum of 20% in matching funds for the
Newport Bay Trash Reduction Project(s) as required by the Orange County
Comprehensive Transportation Funding Programs Guidelines.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has reviewed and supports the grant proposal for
funding under the OCTA Environmental Cleanup Tier 1 Grant Program, nominates the
Newport Bay Trash Reduction Project(s) for such grant funding, and authorizes the City
Manager or his designee to act in connection with the nomination, submit the grant
proposal, and to provide such additional information as may be required, including giving
OCTA's representatives access to and the right to examine all records, books, papers or
documents related to the Newport Bay Trash Reduction Project(s) funded from the
Environmental Cleanup Tier 1 Grant Program.
Section 2: If awarded a grant from the Environmental Cleanup Tier 1 Grant
Program, the City will cause work on the Newport Bay Trash Reduction Project(s) to be
commenced within a reasonable time after receipt of notification from OCTA that the City
has been awarded funds and that the Newport Bay Trash Reduction Project(s) will be
carried to completion within reasonable diligence. Further, if awarded a grant and by
future action of the City Council, the City will include all City projects funded by Net
Revenues from the Environmental Cleanup Tier 1 Grant Program in the City's seven-year
Capital Improvement Program and authorize a formal amendment(s) to the City's seven-
year Capital Improvement Program to add the Newport Bay Trash Reduction Project(s)
approved for funding from the Environmental Cleanup Tier 1 Grant Program upon
approval from the OCTA Board of Directors. The City will provide a minimum of 20% in
matching funds for the Newport Bay Trash Reduction Project(s) and will accept the funds
and fund its share of the costs for the funded projects as well as any additional costs over
the identified programmed amount.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2017 -
Page 3 of 3
Section 4: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378 of
the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3), because it
has no potential for resulting in physical change to the environment, directly or indirectly.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this day of 2017.
Kevin Muldoon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron Harp
AttorneyCity
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