HomeMy WebLinkAbout2019-23 - Authorizing And Approving the Submittal of a Grant Proposal(S) For Funding Under the Orange County Transportation Authority Environmental Cleanup Tier 1 Grant ProgramRESOLUTION NO. 2019-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AUTHORIZING AND
APPROVING THE SUBMITTAL OF A GRANT
PROPOSAL(S) FOR FUNDING UNDER THE ORANGE
COUNTY TRANSPORTATION AUTHORITY
ENVIRONMENTAL CLEANUP TIER 1 GRANT PROGRAM
WHEREAS, the City of Newport Beach ("City") desires implement the Newport Bay
Trash Reduction Project(s) ("Project") described below;
WHEREAS, the Orange County Transportation Authority ("OCTA") under the
Renewed Measure M Transportation Ordinance and Investment Plan (Orange County
Local Transportation Ordinance No. 3, dated July 24, 2006), has announced funding
available through the Environmental Cleanup Tier 1 Grant Program ("Program") to help
protect Orange County beaches and waterways from transportation generated pollution
(urban runoff) and improve overall water quality;
WHEREAS, the Program consists of funding to purchase and install "street -scale"
Best Management Practices ("BMP"s), such as catch basin screens and filters, trash
collection devices and street median irrigation retrofits;
WHEREAS, the OCTA has established the procedures and criteria for reviewing
Program proposals;
WHEREAS, the City desires to submit its proposal for funding under the Program
and City possesses authority to nominate water quality improvement projects that have a
transportation pollution nexus to finance and construct the proposed project;
WHEREAS, by this resolution, the City Council for the City intends to authorize the
nomination of the Project, including all understanding and assurances contained therein,
and authorizes the person identified as the official representative of the City to act in
connection with the nomination and to provide such additional information as may be
required;
WHEREAS, the City will maintain and operate the Project 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 Project;
Resolution No. 2019-23
Page 2 of 3
WHEREAS, the City will cause work on the Project 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;
WHEREAS, the City will comply, where applicable, with provisions of the California
Environmental Quality Act ("CEQA"), the National Environmental Policy Act ("NEPA"), the
American with Disabilities Act ("ADA"), and any other federal, state and/or local laws,
rules and/or regulations;
WHEREAS, by this resolution, the City Council for the City intends to authorize a
formal amendment to the seven-year Capital Improvement Program to add the Project
for funding upon approval from the OCTA's Board of Directors to fund the Project as part
of the Program;
WHEREAS, the City must include all projects funded by Net Revenues in the
seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance
eligibility requirement; and
WHEREAS, by this resolution, the City Council for the City intends to provide a
minimum of twenty percent (20%) in matching funds for the Project as required by the
OCTA Funding Programs Guidelines.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby approve submission of the City's
proposal for funding under the Program, will accept funds for the Project under the
Program, and agrees to fund City's share of the Project costs and any additional costs
over the identified programmed amount.
Section 2: The City Council does hereby authorize a formal amendment to its
seven-year Capital Improvement Program to add the Project for funding upon approval
from the OCTA's Board of Directors to fund the Project as part of the Program;
Section 3: The City Council does hereby agree to provide a minimum of twenty
percent (20%) in matching funds for the Project as required by the OCTA Funding
Programs Guidelines.
Resolution No. 2019-23
Page 3 of 3
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: 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 6: The City Council finds the adoption of this resolution is not subject to
the 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 7: 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 12th day of March, 2019
ATTEST:
ilani . Brown
ity rrk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
I A? �' - I
Aaron 1arp
City At rney
Diane B. Dixon
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
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. 2019-23 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 121h day of March, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy
Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tem
Will O'Neill, Mayor Diane Dixon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 131h day of March, 2019.
v
_L� && ilani I. rown
City CI k
Newport Beach, California