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Home My WebLink About04 - Supporting Submission of Grant Application Under the OCTA Measure M2 Tier 1 Environmental Cleanup ProgramQ �EwPpRT c 9C/FOR TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report PREPARED BY: PHONE: TITLE: ABSTRACT: April 25, 2023 Agenda Item No. 4 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov John Kappeler, Senior Engineer, jappeler@newportbeachca.gov 949-644-3218 Resolution No. 2023-21: Supporting Submission of Grant Application Under the Orange County Transportation Authority Measure M2 Tier 1 Environmental Cleanup Program The Public Works Department is in the process of submitting a grant application to Orange County Transportation Authority (OCTA) for grant funding to construct various trash mitigation projects. A resolution approved by the City Council authorizing and supporting submission of a grant application is required as part of the application. RECOMMENDATIONS: 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 the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and the activity is not a project as defined in Section15378-1 and b) Adopt Resolution No. 2023-21, A Resolution of the City Council of the City of Newport Beach, California, Authorizing and Approving the Submittal of a Grant Proposal for Funding Under the Orange County Transportation Authority Environmental Cleanup Tier 1 Grant Program. DISCUSSION: Measure M2 is a half -cent sales tax, approved by Orange County voters in 2006, for transportation improvement projects. As a component of the Measure M2 program, OCTA administers a grant funding program to address water quality impacts associated with transportation -generated pollution. For the Tier 1 grant program, approximately $3 million is available countywide for the 2023-24 fiscal year's "Call for Projects". Staff plans to submit grant applications for storm drain trash/debris screens (an estimated 125 screens located throughout Newport Beach) and three floating trash/debris collection devices to be located in Newport Harbor. These projects will assist the City of Newport Beach (City) in meeting the requirements of new, State of California Trash Provisions. 4-1 Resolution No. 2023-21: Supporting Submission of Grant Application Under the Orange County Transportation Authority Measure M2 Tier 1 Environmental Cleanup Program April 25, 2023 Page 2 The debris screens and collection device projects have been reviewed with the City's Water Quality/Coastal Tidelands Committee (Committee) at its April 6, 2023 meeting. The Committee voted to recommend moving forward with grant applications for these projects. As required by OCTA, an adopted supporting resolution must be submitted with the grant application stating that 1) the City Council has reviewed and supports the project application; and 2) the City is capable of providing the required match funding, and 3) the City agrees to work with OCTA to meet established deadlines. FISCAL IMPACT: The proposed OCTA projects are not included in the current Capital Improvement Program Budget. Staff plans to apply for approximately $500,000 in the upcoming OCTA M2 Tier 1 grant application Call for Projects for storm drain trash/debris screens, and floating trash/debris collection devices. Should the City be successful and awarded the full amount, the City's match requirement is estimated at 20 percent or approximately $100,000. Upon acceptance of any awarded OCTA grant funding, staff will process the necessary budget amendment to add the required matching funds to the City budget. The matching funds will come from the Tidelands Capital Fund or the General Fund, depending on the location of the projects. ENVIRONMENTAL REVIEW: Staff recommends 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. 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 — Location Map Attachment B — Resolution No. 2023-21 4-2 NAN RON ATTACHMENT B RESOLUTION NO. 2023- 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING AND APPROVING THE SUBMITTAL OF A GRANT PROPOSAL FOR FUNDING UNDER THE ORANGE COUNTY TRANSPORTATION AUTHORITY ENVIRONMENTAL CLEANUP TIER 1 GRANT PROGRAM WHEREAS, the Orange County Transportation Authority ("OCTA") has announced funding available through the Environmental Cleanup Tier 1 Grant Program ("Program") under the Renewed Measure M Transportation Ordinance and Investment Plan (Orange County Local Transportation Ordinance No. 3, dated July 24, 2006), to help protect Orange County beaches and waterways from transportation generated pollution and to improve overall water quality; WHEREAS, the Program consists of funding to purchase and install "street -scale" Best Management Practices, 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 of Newport Beach ("City") desires to submit its proposal for funding under the Program to finance and install storm drain trash/debris screens and floating trash/debris collection devices ("Project'); WHEREAS, the City Council for the City ("City Council") possesses the authority to nominate water quality improvement projects that have a transportation pollution nexus for funding through the Program; WHEREAS, by this resolution, the City Council intends to authorize the nomination of the Project, including all understandings and assurances contained therein, and authorizes the City Manager of the City, or his or her designee, 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); Resolution No. 2023- Page 2 of 4 WHEREAS, the City will give OCTA's representatives access to and the right to examine all records, books, papers or documents if the Project is funded; WHEREAS, the City will commence work on the Project within a reasonable time after receipt of notification from OCTA and the Project will be carried out to completion with reasonable diligence, WHEREAS, the City will comply, where applicable, with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the Americans with Disabilities Act, and any other federal, state and/or local laws, rules and/or regulations applicable to the Project; WHEREAS, by this resolution, the City Council intends to authorize a formal amendment to the seven-year Capital Improvement Program to add the Project upon approval from 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 intends to provide a minimum of twenty percent (20%) in matching funds for the Project as required by the OCTA Funding Program Guidelines. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby approve the submission of the City's Project for funding under the Program, will accept funds for the project under the Program and agrees to fund the City's share of the Project costs and any additional costs over the identified programmed amount. Additionally, the City Council authorizes the City Manager, or his or her designee, to act in connection with Program requirements and to provide such additional information as may be required. 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 OCTA's Board of Directors to fund the Project as part of the Program. 4-5 Resolution No. 2023- Page 3 of 4 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 Program Guidelines. 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 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. Resolution No. 2023- Page 4 of 4 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 25th day of April, 2023. Noah Blom Mayor ATTEST: Leilani 1. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 4." C Y .w—' Aaron C. Harp City Attorney