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HomeMy WebLinkAbout2018-5 - Authorizing and Supporting the Submission of Grant Proposals for Funding under the Orange County Transportation Authority Environmental Cleanup Tier 1 Grant ProgramRESOLUTION 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 with 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 regulations; Resolution No. 2018-5 Page 2 of 3 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 from 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. 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 13"' day of February, 2018. ATTEST: Lei ani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE! 1� Aaron C. Harp City Attorney Resolution No. 2018-5 Page 3 of 3 Marshall y uffyAuffield Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2018-5 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 13th day of February, 2018; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 141h day of February, 2018. � r 4&__ Leilani TBrown City Clerk Newport Beach, California