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HomeMy WebLinkAbout04 - Acceptance of Oil Spill Response Equipment Staging Grant Funding from the CA Dept of Fish and Wildlife Office of Spill Prevention and ResponseQ SEW Pp�T CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report September 27, 2022 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Paul Blank, City Harbormaster - 949-270-8159, pblank@newportbeachca.gov PREPARED BY: Melanie Franceschini, Management Analyst mfranceschini@newportbeachca.gov PHONE: 949-644-3028 TITLE: Resolution No. 2022-63: Acceptance of Oil Spill Response Equipment Staging Grant Funding from the California Department of Fish and Wildlife Office of Spill Prevention and Response ABSTRACT: The Harbor Department recently applied for and successfully obtained grant funding from the California Department of Fish and Wildlife's Office of Spill Prevention and Response. The funding provided by the grant will be used to supplement the City of Newport Beach's (City's) existing oil spill response equipment, located and pre -positioned at Marina Park, for immediate deployment by the Harbor Department in response to any oil or fuel spills in Newport Harbor. RECOMMENDATION: a) Determine this 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 this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2022-63, A Resolution of the City Council of the City of Newport Beach, California, Accepting Grant Funds from the California Department of Fish and Wildlife, Office of Spill Prevention and Response for Oil Spill Response Equipment Staging; c) Approve Budget Amendment No. 23-019 recognizing $5,000.00 in grant revenue from the California Department of Fish and Wildlife (10045451-431455) and appropriating $5,000.00 to Account No. 10045451-881002. 4-1 Resolution No. 2022-63: Acceptance of Oil Spill Response Equipment Staging Grant Funding from the California Department of Fish and Wildlife Office of Spill Prevention and Response September 13, 2022 Page 2 DISCUSSION: Newport Harbor is one of the largest small -craft recreational harbors on the West Coast, as well as a welcoming port to all boaters who cruise the local waters. The harbor also serves as a home to approximately 1,200 moorings, 1,000 residential piers, a dozen commercial marinas, several yacht clubs, scores of charter vessel operations, and various marine other activities operations. With 23 square miles of ocean waters, and a harbor roughly the size of Central Park, the need to protect local waters and resources, along with the adjacent county and state tidelands and waters, from oil or fuel spills, is highly important. In November 2017, Public Works Department staff submitted an application to the California Department of Fish and Wildlife's (DFW) Office of Spill Prevention and Response (OSPR) for an Oil Spill Response Equipment Grant. The City was awarded a grant in the amount of $35,000 in February 2018. The grant monies were expended to procure a standard oil spill response equipment package, including a mobile trailer, decontamination equipment, various booms, and other specialized equipment. Since then, and as recently as the end of June 2022, Harbor Department staff received initial and refresher training courses, held by the DFW OSPR team on use of the spill response trailer and equipment. The City's latest deployment of supplies and equipment includes the following: a. A vessel transiting the harbor on the way to a shipyard had inappropriately sent fuel to an incorrect tank, resulting in overflow through a vent into the harbor. An absorbent boom was used to contain the spill once the vessel was stopped. Absorbent pads were also used to remove leaked diesel fuel from the surface of the water. b. A motor vehicle drove off a community pier and into the harbor. Containment boom sections were used to control fluid leaks and absorbent pads were used to remove leaked oil from the surface of the water. After the June 2022 refresher training course, the Harbor Department submitted a new application to the DFW OSPR to obtain grant funding for the purchase of additional oil spill response equipment. DFW OSPR approved the grant application and has awarded the City with $5,000 for the additional equipment. All purchases under this grant shall be made per the City's administrative purchasing procedures and consist of DFW OSPR approved suppliers. There are no matching fund requirements or out of pocket expenditures to the City. Once the equipment is purchased and received, the DFW OSPR will provide a full reimbursement. The equipment shall be owned by the City and may be used without obligation or limitation. 4-2 Resolution No. 2022-63: Acceptance of Oil Spill Response Equipment Staging Grant Funding from the California Department of Fish and Wildlife Office of Spill Prevention and Response September 13, 2022 Page 3 If in need, and in situations in which the equipment is not in use by the City, DFW OSPR and their contractors may access the equipment, and then clean and/or replace after use. FISCAL IMPACT: The Budget Amendment increases estimated revenue from the California Department of Fish and Wildlife by $5,000 and appropriates the grant funds. The revenue will be posted to the Other Government Grants account in the Harbor Department, 10045451-431455, and the purchase will be expensed to the Non -Capital Equipment account in the Harbor Department, 10045451-881002. 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 — Oil Spill Response Equipment Grant Application Attachment B — Oil Spill Response Equipment Staging Grant Agreement Attachment C — Budget Amendment Attachment D — Resolution No. 2022-63 4-3 ATTACHMENT A Grant Application Oil Spill Response Equipment Please fill out the grant application below and email to cindy.murphy@wildlife.ca.gov or peter. barker@wildlife.ca.gov or mail the completed form to Cindy Murphy, Department of Fish and Wildlife's Office of Spill Prevention and Response, 1010 Riverside Parkway, West Sacramento, CA 95605. If you need additional information, please contact Cindy Murphy at telephone number 916-375-4746 or Pete Barker at 916-375-4740. Application Information: Agency or Tribe Name: City of Newport Beach, Harbor Department Address: 1600 W Balboa Blvd City: Newport Beach State: CA Zip code: 92663 Contact Name: Paul Blank, Harbormaster Phone Number: 949.270.8158 Alternate Number:949.270.8159 Fax Number: Email: pblank@newportbeachca.gov Where The Equipment Will Be Located? All equipment will be stored in our existing Spill Response trailer which is adjacent to the Harbor Department offices here at Marina Park - 1600 W Balboa Blvd., Newport Beach How Will The Equipment Be Deployed? Explain who will deploy the equipment and what support equipment (such as boats) will be used. Harbor Department personnel that have training in spill response will deploy the equipment and supplies as needed. Currently we have three full time team members and twenty part-time team members who have been trained. The Department operates three patrol boats and one land - based vehicle all of which are capable of deploying the equipment and materials when needed. If you need this publication in an alternate format, please contact: Cindy Murphy at (916) 3 75-4 746 or Peter Barker at 916-375-4740 Date Received: Date Reviewed: ATTACHMENT B State of California - Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director P.O. Box 944209 Sacramento, CA 94244-2090 www.wildlife.ca.gov September 2, 2022 Paul Blank City of Newport Beach Harbor Department 100 Civic Center Drive Newport Beach, CA 92660 Re: Q2275072 — Oil Spill Response Equipment Staging, Orange County ACKNOWLEDGEMENT OF WORK COMMENCEMENT AUTHORIZATION DISCLAIMER Where approval from the California Department of Fish and Wildlife (CDFW) applies, the attached payable grant shall be of no force oreffectuntil it is signed byboth parties (CDFW and grantee). The signing of this payable grant by your organization does not authorize the commencement of work. By signing this letter, your organization acknowledges and agrees not to begin work until all approvals have been obtained, the payable grant has been fully executed, and the grantee has been given authorization to begin work. Should anywork begin before all approvals are obtained or authorization is given, services will be considered voluntary. Please be advised that failure to sign and return this letter will delay approval of your payab le grant. Authorized Signature Printed Name and Title of Person Signing Date Conserving California's Wildlife Since 1870 GID -- — State of California - Natural Resources Agency GAVIN NEWSOM, Governor `.0, DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director -.r P.O. Box 944209 Sacramento, CA 94244-2090 1W www.wild life.ca.gov OFFICE OF SPILL PREVENTION AND RESPONSE OIL SPILL RESPONSE EQUIPMENT STAGING, ORANGE COUNTY GRANT AGREEMENT NUMBER- Q2275072 GRANTOR: State of California, acting by and through The California Department of Fish and Wildlife P.O. Box 944209 Sacramento, CA 94244-2090 GRANTEE: City of Newport Beach Harbor Department 100 Civic Center Drive Newport Beach, CA 92660 SECTION 1 — LEGAL BASIS OF AWARD Pursuant to Government Code 8670.8.3, the California Department of Fish and Wildlife (CDFW or Grantor) is authorized to enter into this Grant Agreement (Agreement) and to make an award to the City of Newport Beach Harbor Department (Grantee) for the purposes set forth herein. Grantee accepts the grant on the terms and conditions of this Agreement. Accordingly, Grantor and Grantee (Parties) hereby agree as follows: SECTION 2 — GRANT AWARD 2.01 Grant: In accordance with the terms and conditions of this Agreement, including Section 5.07 — General Terms and Conditions, Grantor shall provide Grantee with a maximum of $5,000 (Grant Funds) to financially support and assist Grantee's implementation of Oil Spill Response Equipment Staging, Orange County (Project). 2.02 Term: The term of this agreement is October 1, 2022, or upon approval, whichever is later, through June 30, 2023. SECTION 3 —ELIGIBLE USES OF GRANT Only Grantee expenditures that are necessary to implement the Project, comply with applicable federal and State of California law, and made in accordance with Section 6 — Project Statement and Section 9 — Budget and Payment as set forth within this Agreement are eligible for reimbursement from the Grant Funds. SECTION 4 — GRANTEE'S REPRESENTATIONS AND WARRANTIES Grantee represents and warrants to Grantor as follows: (Template v. 07/06/2022) I. 0 Q2275072 CITY OF NEWPORT BEACH HARBOR DEPARTMENT 4.01 Existence and Power: Grantee is a governmental entity validly existing, and in good standing under the laws of California. Grantee has full power and authority to transact the business in which it is engaged and full power, authority, and legal right to execute and deliver this Agreement and incur and perform its obligations hereunder. 4.02 Binding Obligation: This Agreement has been duly authorized, executed and delivered on behalf of Grantee and constitutes the legal, valid, and binding obligation of Grantee, enforceable in accordance with the Agreement's terms. SECTION 5 — GRANTEE'S AGREEMENTS 5.01 Purpose: This Agreement is entered into by the Parties for the purpose of providing financial support to Grantee to complete the Project, specifically the activities identified within Section 6 — Project Statement. 5.02 Project: Grantee shall complete activities as set forth in Section 6 — Project Statement. 5.03 Use of Project Funds: Grantee agrees that only Grantee expenditures that are necessary to implement the Project, comply with applicable federal and State of California law, and made in accordance with Section 6 — Project Statement and Section 9 — Budget and Payment as set forth within this Agreement are eligible for reimbursement from the Grant Funds. Grantee acknowledges that it may not transfer Grant Funds between or among budget line items without written approval from the CDFW Grant Manager in accordance with Section 9 — Budget and Payment. 5.04 Payment Schedule: Payments shall be made to Grantee according to the payment and report schedule identified in Section 9 — Budget and Payment. 5.05 Eligibility of Funds: In the event that the California Budget Act does not provide sufficient appropriations to allow Grantor to fund the Project at the level specified in Section 2 — Grant Award and Section 9 — Budget and Payment of this Agreement, Grantor reserves the right to modify this Agreement to reflect a reduction in available funds, as an alternative to termination. 5.06 Submission of Reports: Grantee shall comply with the format, content, and timing requirements set out in Section 8 — Reports. Failure to submit timely and accurate reports shall be considered evidence of non-compliance with this Agreement and shall permit termination of this Agreement by Grantor. 5.07 General Terms and Conditions: Public Entities General Grant Provisions (Exhibit 1.a) and Notice of Economic Sanctions (Exhibit 3) are attached hereto and made a part of this Agreement. Page 2 of 9 Q2275072 CITY OF NEWPORT BEACH HARBOR DEPARTMENT 5.08 Amendments: This Agreement may only be amended in accordance with Section 5.07 — General Terms and Conditions. Grantee shall submit any request to amend any term of this Agreement in writing to the CDFW Grant Manager no later than 120 days prior to the end of the term of this Agreement. Grantee must include an explanation of and justification for any such request. 5.09 Acknowledgement of Credit: Grantee shall include signage, to the extent practicable, informing the public that the Project received funds through the CDFW. Further, Grantee shall include appropriate acknowledgement of credit to the Office of Spill Prevention and Response (OSPR) Grant Program and its implementing agency, the CDFW, for Grantor's financial support when using any data and/or information developed under this Agreement (e.g., in posters, reports, publications, presentations). 5.10 Labor Code Requirements; Prevailing Wage: State grants may be subject to California Labor Code requirements, which include prevailing wage provisions. Certain State grants administered by the CDFW are not subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. For more details, please refer to California Fish and Game Code Section 1501.5 and the Department of Industrial Relations website at http://www.dir.ca.gov. The grantee shall pay prevailing wage to all persons employed in the performance of any part of the Project if required by law to do so. 5.11 California Business and Professions Code Compliance: Grantee shall be responsible for obtaining the services of an appropriately licensed professional or appropriately licensed professionals if required by the California Business and Professions Code, including but not limited to Section 6700 et seq. (Professional Engineers Act) and Section 7800 et seq. (Geologists and Geophysicists Act). If Grantee fails to perform in accordance with the compliance provisions of this Agreement, Grantor shall have sole discretion to delay, interrupt, or suspend the work for which the Grant Funds are supplied. SECTION 6 — PROJECT STATEMENT 6.01 Introduction: During an oil spill, California operates within the Incident Command System (ICS), a mechanism used to bring multiple jurisdictions under one standard operating arena. The ICS is managed by the Unified Command, in most cases, is comprised of a designated official from the United States Coast Guard, the OSPR and the Responsible Party (Spiller); the three members make all decisions on how the oil spill incident operations are planned, executed, and demobilized. Several Oil Spill Response Organizations (OSRO) are available to provide response and clean-up of oil spills throughout the State. However, in certain remote locations, the OSRO's have difficulty or are unable to pre -stage response equipment. To address this problem, OSPR has established a grant program that Page 3 of 9 H Q2275072 CITY OF NEWPORT BEACH HARBOR DEPARTMENT will provide local government agencies with funding to purchase spill response equipment, so they can initiate a first response prior to the OSRO's arrival. 6.02 Objectives: Grant funding will enhance the availability of oil response equipment around the state and will provide local governments an opportunity to protect their economic resources. Grantee will purchase the response equipment as identified in Equipment Specifications (Attachment 1). 6.03 Project Description: Grantee's Project Manager will be responsible for all aspects of the administration of this grant which include; procurement, staging and usage of the equipment. 6.04 Location: The equipment will be staged at the City of Newport Marina, located at 1600 W. Balboa Blvd. Newport Beach, CA 92663, Orange County. 6.05 Materials and Equipment: See Equipment Specifications (Attachment 1). 6.06 Project Implementation: Consistent with Grantee's proposal for the Project, Grantee will complete the following tasks in accordance with Section 6.08 — Schedule of Due Dates and Deliverables: Task 1 — Equipment Ordering 1. Place order per OSPR equipment specifications which is attached hereto as Equipment Specifications (Attachment 1) and made a part of this agreement. Task 2 — Equipment Delivery Coordinate delivery of equipment. 1. Submit report to the CDFW Grant Manager with equipment staging location. 2. The CDFW Grant Manager will perform an inspection of the equipment. Task 3 — Project Management and Administration 1. Furnish the necessary personnel, equipment, material and/or service(s) necessary for routine or incidental deployment of the equipment provided in this agreement. 2. Equipment may be deployed in the event of an oil spill within Grantee's jurisdiction, for the shelf life of the equipment. Grantee will notify the CDFW Grant Manager within 15 days by phone or e-mail, when the equipment is used in conjunction with an oil spill response. Grantee also agrees to notify the CDFW Grant Manager if the equipment is relocated to a different staging location within the jurisdiction. Page 4 of 9 I • Q2275072 CITY OF NEWPORT BEACH HARBOR DEPARTMENT 3. Provide the CDFW Grant Manager with equipment access such as facility/storage security access codes, keys to gate and trailer locks or designate staff to be on -site to allow the necessary access. 4. Grantee's Project Manager will be responsible for all aspects of the administration of this grant, including procurement, invoicing, final reporting, staging, and usage of the equipment. 6.07 Schedule of Due Dates and Deliverables: Task Description Deliverables Estimated Completion Dates 1 Equipment Ordering Equipment May 15, 2023 2 Equipment Delivery Location Report May 15, 2023 3 Project Management and Administration Invoice May 30, 2023 Final Report May 30, 2023 SECTION 7 - CONTACTS The point of contact may be changed at any time by either party by providing a 10 day advance written notice to the other party. The Parties hereby designate the following points of contact during the Term of this Agreement: CDFW Grant Manager: Grantee Project Manager: Name: Cindy Murphy Name: Paul Blank Title: Associate Governmental Program Analyst Title: Harbormaster Address: P.O. Box 944209 Sacramento, CA 94244-2090 Address: 100 Civic Center Drive New ort Beach, CA 92660 Phone: 916 324-6250 1 Phone: 949 270-8158 Email: I Cind .mur h wildlife.ca. ov I Email: blank new ortbeachca. ov Direct all administrative inquiries to: CDFW Grant Coordinator: Grantee Project Coordinator: Name: Julia-Malia Olea Name: Cynthia Shintaku Title: Contract/Grant Coordinator Title: Harbor Department Assistant Address: P.O. Box 944209 Sacramento, CA 94244-2090 Address: 100 Civic Center Drive Newport Beach, CA 92660 Phone: 916 375-5967 Phone: 949 270-8159 Email: Julia-malia.olea(a�wildlife.ca.gov Email: cshintaku new ortbeachca. ov Page 5 of 9 4-10 Q2275072 CITY OF NEWPORT BEACH HARBOR DEPARTMENT SECTION 8 — REPORTS 8.01 Final Report: No Progress Reports are required; however, Grantee shall submit a Final Report by the date listed in Section 6.07 — Schedule of Due Dates and Deliverables. The report shall summarize the life of the Agreement and describe the work and results pursuant to Section 6 — Project Statement. The Final Report will be submitted, electronically, to the CDFW Grant Manager upon completion of the Project tasks. The CDFW Grant Manager will provide Grantee a sample Final Report template, upon request. The Final Report will consist of one electronic version in Microsoft Word (or compatible format), upon the completion of the Project. 8.02 Document Accessibility: CDFW follows the Web accessibility standards of California Government Code Sections 7405 and 11135, and the Web Content Accessibility Guidelines (WCAG). Since all Office of Spill Prevention and Response Oil Spill Response Equipment Staging Final Reports will be posted to CDFW's website, grantees must ensure that the WCAG standards for adequate accessibility to people with disabilities are met for all Reports and associated submittals. Final Reports, and all associated documents, should be submitted as Word Documents for ease of editing to meet WCAG standards. SECTION 9 — BUDGET AND PAYMENT 9.01 Budget Details and Funding Summary: Grantor will provide an amount not to exceed $5,000 as detailed below in the Line -Item Budget Detail (Budget) below. Grantee or its partners will provide up to $0 in funds or in -kind services as cost share to complete tasks described in Section 6 — Project Statement. Actual expenditures will not be determined until the competitive process and equipment procurement has occurred. The procurement will consist of such items as a mobile storage trailer, boom, absorbents, anchors, personal protective equipment, equipment deployment training (if applicable) and all other items as outlined in Equipment Specifications (Attachment 1). Line -Item Budget Detail A. PERSONNEL SERVICES N/A $0 Total Personnel Services $0 B. OPERATING EXPENSES: GENERAL Equipment identified in Attachment 1 $5,000 Subtotal Operating Expenses: General $5,000 C. OPERATING EXPENSES: SUBCONTRACTORS N/A $0 Subtotal Operating Expenses: Subcontractors $0 D. OPERATING EXPENSES: EQUIPMENT Page 6 of 9 4-11 Q2275072 CITY OF NEWPORT BEACH HARBOR DEPARTMENT Line -Item Budget Detail N/A $0 Subtotal Operating Expenses: Equipment $0 E. INDIRECT COSTS Indirect Charge Rate 0% (Applies to Sections A + B only) $0 F. GRAND TOTAL (A+B+C+D+E) $5,000 9.01.1 Budget Flexibility: Grantee must submit all budget line item revision requests, in writing, to the CDFW Grant Manager, prior to implementing any changes. All proposed budget changes require prior approval from the CDFW Grant Manager, regardless of budgetary impact. Informal Budget adjustments between existing line items may be permitted. Any revision to the Line Item Budget Detail must comply with Section 5.09 — Amendments. Considerations for informal Budget adjustments, if granted, must include: 1. Revisions which are consistent with the purpose, objectives, and description of the Project as detailed in Section 6 — Project Statement; 2. Revisions that do not increase or decrease the total Agreement amount; 3. Revisions that do not substitute key personnel; and 4. Line item shifts within a budget category (e.g., Field Supplies to Travel) up to $25,000 or 10% of the Agreement amount, whichever is less. Formal Budget adjustments will be considered by the Grantor, with prior approval from the CDFW Grant Manager. An amendment to the Agreement is required if a formal Budget adjustment is approved. Considerations for formal amendments, if granted, include: 1. Shifting Grant Funds between budget categories (e.g., Personnel Services to Operating Expenses); 2. Increasing or decreasing the total Agreement amount; 3. Substituting key personnel; or 4. Line item shifts within a budget category (e.g. Field Supplies to Travel) that exceeds $25,000 or 10% of the Agreement amount, whichever is less. 9.02 Payment Provisions: 9.02.1 Disbursements: Grant disbursements will be made to Grantee in one lump sum payment in arrears, upon receipt of an original itemized invoice and required documentation as identified in Section 6.07 — Schedule of Due Dates and Deliverables. Page 7 of 9 4-12 Q2275072 CITY OF NEWPORT BEACH HARBOR DEPARTMENT Grant disbursements will be mailed to the following Grantee address: Grantee Name: City of Newport Beach Harbor Department Attention: Cynthia Shintaku Address: 100 Civic Center Drive Newport Beach, CA 92660 9.02.2 Invoice Documentation: The invoice for payment must be accompanied by the Final Report. If there is cost share involved with the project, the final invoice must include a budget summary of cost share expenditures by fund source. The CDFW Grant Manager will provide Grantee with a sample invoice template upon request. The Final Invoice must be submitted to the CDFW Grant Manager by the date identified in Section 6.07 — Schedule of Due Dates and Deliverables. The invoice package must be sent hard copy or email to the CDFW Grant Manager, as identified in Section 7 — Contacts. Requirements: The invoice shall contain the following information: 1. The word "Invoice" should appear in a prominent location at the top of the page(s); 2. Printed name of Grantee on company letterhead; 3. Grantee's business address, including P.O. Box, City, State, and Zip Code; 4. Name of the CDFW Region/Division being billed; 5. The invoice date and the time period covered; i.e., the term "from" and "to"; 6. This Agreement number and the sequential number of the invoice (i.e., Q2275072-Invoice 1); 7. The invoice must be itemized using the categories and following the format of the Budget; 8. The total amount due. This should be in a prominent location in the lower right-hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice. The total amount due shall include all costs incurred by Grantee under the terms of this grant; 9. The original signature of Grantee; and 10. Grantee must provide supporting documentation for the invoice and actual receipts. Page 8 of 9 4-13 Q2275072 CITY OF NEWPORT BEACH HARBOR DEPARTMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of Grantor date set forth below the signature. AUTHORIZED AGENT FOR GRANTEE By: Signature: Printed Name: Paul Blank Title: Harbormaster Date: CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE By: Signature: Printed Name: Melinda Peacock Title: Branch Chief, Business Management Branch Date: This agreement is exempt from DGS-OLS approval, per SCM 4.06. Page 9 of 9 4-14 ATTACHMENT C ,,EW Pp,,T m , City of Newport Beach P s BUDGET AMENDMENT C�FORNP 2022-23 BA#: 23-019 Department: Harbor ONETIME: ❑ Yes ❑ No Requestor: Melanie Franceschini Approvals ❑ CITY MANAGER'S APPROVAL ONLY Finance Director: DatJ O COUNCIL APPROVAL REQUIRED City Clerk: Date EXPLANATION FOR REQUEST: Accepting and appropriating grant monies from the State of California Department of Fish and Wildlife, Office of ❑ from existing budget appropriations Spill Prevention and Response for the purchase of oil spill response equipment. O from additional estimated revenues ❑ from unappropriated fund balance Fund # Org Object P 100 10045451 431455 Fund # Org Object 100 10045451 881002 Description HARBOR DEPARTMENT - OTHER GOVT GRANTS Description HARBOR DEPARTMENT - NON CAPITAL EQUIPMENT Increase or (Decrease) 5 5,000.00 Subtotal $ 5,000.00 Increase or (Decrease) $ 5,000.00 Subtotals $ 5,000.00 Fund q Object Description Increase or (Decrease) } 100 300000 TIDE & SUBMERGED LANDS FUND - FUND BALANCE CONTROL Subtotall $ No Change In Fund Balance 4-15 ATTACHMENT D RESOLUTION NO. 2022 - 63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ACCEPTING GRANT FUNDS FROM THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE, OFFICE OF SPILL PREVENTION AND RESPONSE FOR OIL SPILL RESPONSE EQUIPMENT STAGING WHEREAS, the City of Newport Beach ("City") is desirous of preserving and promoting uses that contribute to the charm and character of Newport Harbor; WHEREAS, the City is committed to maintaining the water quality and local natural resources of Newport Harbor and its surrounding waters; WHEREAS, the State of California Department of Fish and Wildlife is authorized to distribute grants through the Office of Spill Prevention and Response to local agencies that may be at risk of an oil spill occurring in their jurisdiction or are in close proximity to ecologically sensitive sites; WHEREAS, in 2018 the City applied and received an initial grant in the amount of $35,000.00 from the California Department of Fish and Wildlife, Office of Spill Prevention and Response ("State") to purchase oil spill response equipment and secure the necessary training; WHEREAS, the City recently applied to the State for additional grant funds for additional oil spill response equipment; and WHEREAS, the State has approved the City to receive $5,000.00 in grant funds ("Grant') for oil spill response equipment procurement and its staging and usage, and now requires a resolution accepting these grant funds. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby accept the Grant, made available through the Oil Spill Response Equipment Staging Grant and administered by the Office of Spill Prevention and Response. Section 2: The City Manager or her designee is hereby authorized to execute any documents necessary for the City to secure payment of the Grant and effectuate the purposes for which the Grant was awarded. 4-16 Resolution No. 2022- Page 2 of 2 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 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, Division 6, 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 27th day of September, 2022. Kevin Muldoon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE /'V'� C_ 4" . Xarlbn C. Harp City Attorney 4-17