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HomeMy WebLinkAbout03 - Approve Filing a Grant Application for Design and Implementation of Habitat Restoration and Water Quality Improvements in Big Canyon Nature Park3-1 NEWPORT BEACH City Council Staff Report COUNCIL STAFF REPORT CITY OF March 22, 2016 Agenda Item No. 3 ABSTRACT: City staff has completed a State of California Ocean Protection Council (OPC) grant application requesting funding of $750,000.00 for additional restoration work in Big Canyon Nature Park. The OPC grant application requires a resolution, approved by City Council, approving the filing of the grant proposal and certifying that it understands the general provisions of the grant agreement. RECOMMENDATION: Adopt Resolution No. 2016-39,A Resolution of the City Council of the City of Newport Beach, California, Approving the Application for and/or Execution of Grant Funds from the Water Quality, Supply, and Infrastructure Act of 2014 (Proposition 1), for the Big Canyon Habitat Restoration and Water Quality Improvement Project to be funded in part by Proposition 1 sources. FUNDING REQUIREMENTS: There is no fiscal impact related to the adoption of this resolution. If grant funding is approved by OPC, the required match funding of $1,590,000 (Measure M funds) is included in the current FY 2015/16 Capital Improvement Program budget. TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY:Bob Stein, Assistant City Engineer, rstein@newportbeachca.gov PHONE:949-644-3322 TITLE:Resolution to Approve Filing a Grant Application for Design and Implementation of Habitat Restoration and Water Quality Improvements in Big Canyon Nature Park Resolution to Approve Filing a Grant Application for Design and Implementation of Habitat Restoration and Water Quality Improvements in Big Canyon Nature Park February 23, 2016 Page 2 3-2 DISCUSSION: The Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1) was approved by voters in November 2014. Under Proposition 1, $30 million was allocated to the OPC for a competitive grant program for multi-benefit ecosystem and watershed protection and restoration projects (OPC is a division of the California Natural Resources Agency). City Staff proposes requesting grant funding of $750,000.00 under the OPC grant program to be used to restore an additional three acres of creek and riparian habitat in Big Canyon Nature Park west of Jamboree Road (Area 1 on the Location Map). The grant would also fund a feasibility planning study to restore the remaining downstream area (approximately 40 acres – Area 2) including the freshwater pond adjacent to Back Bay Drive. This feasibility planning study would be conducted in collaboration with California Department of Fish and Wildlife (CDFW) which owns the lower 15 acre portion of the canyon including the freshwater lake. The OPC grant application requires a resolution, approved by City Council, approving the filing of the grant proposal and certifying that it understands the general provision of the grant agreement. 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 RESOLUTION NO. 2016–______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING THE APPLICATION FOR AND/OR EXECUTION OF GRANT FUNDS FROM THE WATER QUALITY, SUPPLY, AND INFRASTRUCTURE ACT OF 2014 (PROPOSITION 1) WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval by the potential grantee’s governing board either before submission of said application(s) to the State or prior to execution of the grant agreement; and WHEREAS, the Applicant/Grantee, if selected, will enter into an agreement with the State of California to carry out the project. NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this resolution. Section 2: The City Council approves the filing of an application for the Big Canyon Habitat Restoration and Water Quality Improvement Project to be funded by Proposition 1. Section 3: The City of Newport Beach certifies that it will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so. ATTACHMENT A 3-3 Resolution No. 2016-__ Page 2 of 3 2 Section 4: The City of Newport Beach certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and, that prior to commencement of the project, all applicable permits will have been obtained. Section 5: The City of Newport Beach certifies that it will work towards the State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1. Section 6: The City Manager, or his designee, is appointed 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 project. Section 7: 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 8: 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. 3-4 Resolution No. 2016-__ Page 3 of 3 3 Section 9: 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 22nd day of March, 2016. ________________________ Diane B. Dixon Mayor ATTEST: __________________________ Leilani I. Brown, City Clerk 3-5 Feet Imagery:2009-2013 photos provided by Eagle Imaging www.eagleaerial.com Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 3/1/2016 0 833417Newport Beach GIS 3-6