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FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
February 13, 2018
Agenda Item No. 6
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
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: Resolutions Supporting Submission of Grant Applications Under the
Orange County Transportation Authority (OCTA) Measure M2 Tier 1
Environmental Cleanup Program, and the Ocean Protection
Council's (OPC) Proposition 1 Grant Program
ABSTRACT:
Public Works is in the process of submitting multiple grant applications to OCTA and OPC
in an effort to obtain grant funding for various desired water quality and trash mitigation
projects. A supporting resolution by the City Council is required as part of the application.
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;
b) Adopt Resolution No. 2018-5, A Resolution of the City Council of the City of Newport
Beach, California, Authorizing Proposals for Funding Under the Orange County
Transportation Authority (OCTA) Environmental Cleanup Tier 1 Grant Program; and
c) Adopt Resolution No. 2018-6, A Resolution of the City Council of the City of Newport
Beach, California, Authorizing and Submission of Grant Proposals for Funding Under
the California Ocean Protection Council's Proposition 1 Grant Program Under the
Water, Supply and Infrastructures Improvement Act of 2014.
FUNDING REQUIREMENTS:
The proposed OCTA project is not currently listed in the FY 17/18 Capital Improvement
Program Budget. Staff plans to request approximately $300,000 from the up -coming
OCTA Tier 1 grant application "Call for Projects" for storm drain trash/debris screens.
Should the City be successful and awarded the full amount, the City's match requirement
is estimated at 20% or approximately $60,000. Funding would be budgeted in a future
fiscal year or by budget amendment.
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Resolutions Supporting Submission of Grant Applications Under the Orange County
Transportation Authority (OCTA) Measure M2 Tier 1 Environmental Cleanup Program,
and the Ocean Protection Council's (OPC) Proposition 1 Grant Program
February 13, 2018
Page 2
Additionally, staff proposes applying for two OPC grant projects, one of which (The
Newport Bay Water Wheel (17X12)), is listed in the current FY17/18 Capital Improvement
Program Budget. Staff plans to request approximately $2.2M from the up -coming OPC
"Call for Projects". There is no City match requirement for the OPC grant program.
Should the City be successful in secure grant funding these projects would be included
in a future Capital Improvement Program Budget.
DISCUSSION:
OCTA has established and is administering 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 an application for storm drain
trash/debris screens. These types of screens have been reviewed and encouraged by
the City's Water Quality/Coastal Tidelands Committee, and will assist the City in meeting
the requirements of the new State of California Trash Provision guidelines.
As required by the grant application, an adopted supporting resolution must be submitted
stating that the 1) City Council has reviewed and supports the project application, 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.
Additionally, the Ocean Protection Council administers a grant funding program for
projects benefitting California's ocean and coast. The funding is provided under the
Water Quality, Supply and Infrastructure Improvement Act of 2014 (Prop 1). OPC was
allocated $30 million, and approximately $11.2M is available for this "Call for Projects".
OPC is anticipating an additional "Call" later this calendar year and staff proposes to
submit a grant application(s) for this second call as well. For the current "Call" staff plans
to submit two grant applications: 1) The Newport Bay Water Wheel Project, and; 2) The
Polaris Drive Trash Mitigation Project. Both projects have been reviewed and
encouraged by the City's Water Quality/Coastal Tidelands Committee, and will assist the
City in meeting the requirements of the new State of California Trash Provision guidelines.
As required by the grant application, an adopted supporting resolution must be submitted
stating that 1) City Council has reviewed and supports the applications, and; 2) City
agrees to work with OPC to meet established deadlines. If awarded a grant, the City
Council will be asked to accept the grant funds at a future meeting.
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Resolutions Supporting Submission of Grant Applications Under the Orange County
Transportation Authority (OCTA) Measure M2 Tier 1 Environmental Cleanup Program,
and the Ocean Protection Council's (OPC) Proposition 1 Grant Program
February 13, 2018
Page 3
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 — Location Map
Attachment B — Resolution No. 2018-5 - OCTA Measure M2 Tier 1 Environmental Clean-
up Grant Program
Attachment C — Resolution No. 2018-6 - OPC Proposition 1
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ATTACHMENT B
RESOLUTION NO. 2018- 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AUTHORIZING AND
SUPPORTING THE SUBMISSION OF GRANT
PROPOSALS FOR FUNDING UNDER THE ORANGE
COUNTY TRANSPORTATION AUTHORITY
ENVIRONMENTAL CLEANUP TIER 1 GRANT PROGRAM
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 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 ("Program");
WHEREAS, the 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 proposals for funding under the
Program;
WHEREAS, the City of Newport Beach ("City") possesses authority to nominate
water quality improvement projects that have a transportation pollution nexus to finance
and construct the City's proposed projects for funding under the Program;
WHEREAS, by adopting this resolution, the City Council for the City of Newport
Beach authorizes the nomination of the Newport Bay trash reduction projects ("Projects"),
including all understandings and assurances contained therein, for funding under the
Program and authorizes the City Manager or his designee to act in connection with the
nomination and to provide such additional information as may be required;
WHEREAS, the City shall maintain and operate the equipment acquired and
installed for the Projects, unless otherwise defined within an agreement that assigns and
obligates that responsibility to another party(ies);
WHEREAS, the City shall give OCTA's representatives access to and the right to
examine all records, books, papers or documents related to the funded Program Projects;
WHEREAS, the City shall cause work on the Projects to be commenced within a
reasonable time after receipt of notification from OCTA and that the Projects will be
carried to completion within reasonable diligence;
WHEREAS, the City shall comply where applicable with provisions of the California
Environmental Quality Act ("CEQA"), the National Environmental Policy Act, the American
with Disabilities Act, and any other federal, state and/or local laws, rules and/or
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Resolution No. 2018 -
Page 2 of 3
regulations;
WHEREAS, the City shall include all projects funded by Net Revenues in the
seven-year Capital Improvement Program as part of the Renewed Measure M
Transportation Ordinance and Investment Plan eligibility requirement,
WHEREAS, the City authorizes a formal amendment to the seven-year Capital
Improvement Program to add the Projects approved for Program funding upon approval
from the OCTA Board of Directors; and
WHEREAS, the City shall provide a minimum of twenty percent (20%) in matching
funds for the Projects 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 does hereby authorize, nominate, and support the
City's submission of grant proposals for funding under the Program for the Projects,
including all understandings and assurances contained therein, and authorizes the City
Manager or his designee to act in connection with the nomination and to provide such
additional information as may be required.
Section 2: The City Council does hereby authorize the City to accept funds for
the Program, and authorizes the City to fund its share of the costs of the funded Projects
and 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.
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 5: The City Council finds the adoption of this resolution is not subject to
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.
40
Resolution No. 2018 -
Page 3 of 3
Section 6: 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 13th day of February, 2018.
Marshall "Duffy" Duffield
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
- W -W r m�aM - ON, 011 �"'
Aaron C. Harp
City Attorney
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ATTACHMENT C
RESOLUTION NO. 2018- 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AUTHORIZING AND
SUPPORTING THE SUBMISSION OF GRANT
PROPOSALS FOR FUNDING UNDER THE CALIFORNIA
OCEAN PROTECTION COUNCIL'S PROPOSITION 1
GRANT PROGRAM UNDER THE WATER, SUPPLY AND
INFRASTRUCTURE IMPROVEMENT ACT OF 2014
WHEREAS, the Legislature and Governor of the State of California have provided
funds for the Proposition 1 Grant Program under the Water, Supply, and Infrastructure
Improvement Act of 2014 ("Program"),
WHEREAS, the California Ocean Protection Council ("OPC") has been delegated
the responsibility for the administration of this grant Program, including the responsibility
to establish necessary Program procedures;
WHEREAS, by adopting this resolution, the City Council for the City of Newport
Beach authorizes the nomination of the Newport Bay Waterwheel and the Polaris Drive
Trash Mitigation Projects ("Projects"), including all understandings and assurances
contained therein, for funding under the Program and authorizes the City Manager or his
designee to act in connection with the nomination and to provide such additional
information as may be required; and
WHEREAS, the City of Newport Beach ("City"), if selected for Program funding,
shall enter into an agreement with the State of California to carry out the Projects
consistent with the Program.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows..
Section 1: The City Council does hereby authorize, nominate, support, and
approve the filing of applications for grant funding under the Program's "Calls for Projects"
for the Projects and authorizes the City Manager or his designee to act in connection with
the nomination and to provide such additional information as may be required.
Section 2: The City is eligible to apply for funding under the Program.
Section 3: The City understands the assurances and certifications in the
applications for funding under the Program.
Section 4: The City has long-term control of the Projects' property and shall
provide satisfactory documentation of the long-term control as part of the grant Program
agreement development process.
Section 5: The City shall have sufficient funds to operate and maintain the
Projects consistent with the land tenure requirements, or shall secure the resources to do
so.
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Resolution No. 2018 -
Page 2 of 4
Section 6: The City is free of any legal challenges that could undermine progress
on the Projects.
Section 7: The City gives the State permission to publish any digital image
provided for Program funding to its website and to crop of resize the image.
Section 8: The City agrees to acknowledge the State's support in any news
media, brochures, articles, publications, seminars, exhibits, buildings, displays, products,
or other promotion materials about the funded Projects.
Section 9: The City shall comply with the provisions of Section 1771.5 of the State
Labor Code regarding payment of prevailing wages on Projects awarded Proposition 40
Funds.
Section 10: The City agrees that projects involving construction, renovation,
repair, rehabilitation, or ground or visual disturbances must comply with all current laws
and regulations which apply to the Projects, including, but not limited to, labor codes related
to prevailing wage, legal requirements for construction contracts, building codes,
environmental laws, health and safety codes, disabled access and historic preservation laws
and environmental laws. The City will be required to certify that, prior to commencement of
construction, all applicable permits and licenses (e.g., state contractor's license) will be
obtained.
Section 11: The City agrees to adhere to the Americans with Disabilities Act of
1990 ("ADA") and the 2010 ADA Standards for Accessible Design. Title III of the ADA
covers places of public accommodation (such as museums, libraries, and educational
institutions) and includes a specific section regarding new construction and alterations in
public accommodations.
Section 12: The City agrees that projects involving construction, renovation,
repair, rehabilitation, or ground or visual disturbances must comply with the National
Historic Preservation Act and the Native American Graves Protection and Repatriation
Act ("NAGPRA").
Section 13: The City waives all rights to privacy and confidentiality of the material
submitted to State for Program funding.
Section 14: The City agrees to execute a grant agreement prior to the
encumbrance deadline, and shall cause work on the Projects to be commenced within a
reasonable time after encumbering the funds, so that the Projects shall be complete and
the final invoice submitted to the State by relevant deadlines.
Resolution No. 2018 -
Page 3 of 4
Section 15: The City agrees that for all property acquired with Proposition 1 funds,
City shall accept, sign, notarize and record a declaration of covenants, conditions and
restrictions (deed restrictions) which attaches the conditions of the grant, as set forth in
the grant agreement, on the use and enjoyment of the property until the end land tenure
date specified in the grant agreement.
Section 16: The City appoints the City Manager or designee, as 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 the aforementioned Projects.
Section 17: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 18: 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 19: 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.
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Resolution No. 2018 -
Page 4 of 4
Section 20: 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 13th day of February, 2018.
Marshall "Duffy" Duffield
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
1
Aaron C. Harp
City Attorney
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