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HomeMy WebLinkAbout05 - Proposition 84 Grant FundsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. s September 14, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein, Assistant City Engineer 949 - 644 -3322 or rstein @newportbeachca.gov SUBJECT: ACCEPT PROPOSITION 84 GRANT FUNDS ISSUE: Staff is requesting City Council to adopt a resolution authorizing the Director of Public Works to review and execute an agreement with the State Water Resource Control Board ( SWRCB) to receive $2.5 million of Proposition 84 funds for projects designed to decrease adverse impacts to the sensitive marine life areas adjacent to Newport Coast. RECOMMENDATION: Authorize the Director of Public Works to review and execute an agreement with the SWRCB to receive Proposition 84 funding to implement the City's Newport Coast Areas of Special Biological Significance (ASBS) Protection Implementation Program. DISCUSSION: The SWRCB has approved the City's Proposition 84 grant application to fund the Newport Coast ASBS Protection Implementation Program. Projects under this program were developed cooperatively with the Irvine Ranch Water District (IRWD) and the California Department of Parks and Recreation — Crystal Cove State Park. This program will provide the following funding amounts for these ten tasks /projects: 1. Irrigation Runoff Reduction Program - $755,000 ($300,000) 2. Buck Gully Erosion Control/Wetlands Project - $705,000 ($1,370,000) 3. Shorecliff's Storm Drain Dry- weather Infiltration Gallery - $30,000 ($25,000) 4. Crystal Cove State Park Parking Lot Water Quality Improvements - $349,000 5. Los Trancos Creek - Pond Improvement Project - $64,000 6. Pesticide Management Program - $40,000 ($7,500) 7. Program to Reduce Public Trampling of ASBS - $112,000 ($40,000) 8. Little Corona Rocky - Intertidal Restoration Pilot Program - $90,000 9. Monitoring Program $125,000 10.ASBS Southern California Bight Collaborative Management Program $230,000 ($20,000) Accept Proposition 84 Grant Funds from the State Water Resources Board September 14, 2010 Page 2 The italicized dollar figures shown in parenthesis are the match amounts required by the grant. The total City match funding requirement is about $1.66 million of which 84% is money spent or encumbered for the Buck Gully Erosion Control/Wetlands Project slated for construction in September 2011. The remaining City match requirement of $266,000 would be requested within the City's Capital Improvement Program over a two year period starting in FY11/12. For Task 1, "Irrigation Runoff Reduction Program ", the successful partnership established between IRWD and the City on an earlier Smartimer irrigation controller program, will be continued and will target higher volume water -users in the Newport Coast area. The $750,000 in grant funding will be matched by $300,000 split between the City and IRWD. In addition to the grant match, the City, with IRWD assistance, will be providing in -lieu services for administering the grant tasks. This grant provides $705,000 for design and construction of the Buck Gully Erosion Control/Wetlands Project (Task 2). Tasks 3 through 8 are all projects that improve water quality or reduce impacts to the ASBS and helped support our funding request for the Buck Gully Erosion Control project. Note that Tasks 4 and 5 (Crystal Cove State Park Parking Lot Water Quality Improvements and Los Trancos Creek - Pond Improvement Project) will be constructed in the state park and will not require any city match funds. All water quality related programs now have significant costs associated with pre- and post- construction monitoring. The Task 9 "Monitoring Program" will help defray some of the City's monitoring responsibilities in Newport Coast and the ASBS. Task 10, "ASBS Southern California Bight Collaborative Management Program" will set in motion a plan to attract long -term funding for ASBS protection in concert with our ASBS agency partners in Los Angeles, Orange, and San Diego counties. The City is in discussions with the SWRCB for the exact scope of work to be performed. Once finalized, this scope of work will be inserted into the SWRCB's boilerplate agreement. As approved by City Council, the Director of Public Works will review the agreement with the City Attorney and then sign the approved document. ENVIRONMENTAL REVIEW: No environmental review is required for receiving the grant funds. Several projects will require environmental review. Accept Proposition 84 Grant Funds from the State Water Resources Board September 14, 2010 Page 3 PUBLIC NOTICE: Agency and community partners were consulted in the preparation of the grant application. FUNDING AVAILABILITY: The majority of the required matching grant funds are already budgeted in the current Lower Buck Gully Stablization Project. No additional funds will be requested for this fiscal year. Staff will be requesting an additional $266,000 of General Funds over two fiscal years, starting in FY11/12, to satisfy the City's match fund requirements. Prepared by: RobeAe Steinl��— Assistant City Engineer Attachment: Resolution 2010- Submitted by: RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TO ACCEPT PROPOSITION 84 FUNDS FROM THE STATE WATER RESOURCES CONTROL BOARD WHEREAS, The State Water Resources Control Board (State Water Board) has determined that the City of Newport Beach (City) is eligible to receive funds from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) Clean Beaches Program; WHEREAS, The City will use these funds for the Newport Coast Areas of Special Biological Significance (ASBS) Protection Implementation Program, a project designed to comply with the discharge prohibition into ASBS contained in the California Ocean Plan eligible project costs; WHEREAS, The City is authorized to enter into a financial assistance agreement with the State of California and the State Water Board; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Newport Beach hereby: • Authorizes the Public Works Director or designee to enter into a financial assistance agreement with the State Water Board for the Newport Coast ASBS Protection Implementation Program; • Authorizes the Public Works Director or designee to execute any financial assistance agreements, amendments, invoices, or any other documents related to or required for the administration of said agreement; • Agrees and further does authorize the Public Works Director to certify that the City has and will comply with all applicable federal and state statutory and regulatory requirements related to any financial assistance funds received; • Agrees and further does authorize the Public Works Director to certify that all financial assistance received from the State Water Board for the Newport Coast ASBS Protection Implementation Program shalt only be used for "reimbursable costs" as defined in the Proposition 84 Areas of Special Biological Significance Grant Program Guidelines, adopted by the State Water Board on April 1, 2008. ADOPTED BY THE CITY COUNCIL on the day of 2010. ATTEST: City Clerk Mayor