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Home My WebLink About04 - Supporting Submission of Grant Application Under the OOCTA Measure M2 Tier 2 Environmental Cleanup ProgramSEW P0_ u ram-_ r c q<� Fo FzN�P TO: CITY OF NEWPORT BEACH City Council Staff Report March 12, 2024 Agenda Item No. 4 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: John Kappeler, Senior Engineer - 949-644-3218, jappeler@newportbeachca.gov TITLE: Resolution No. 2024-13: Supporting Submission of Grant Application Under the Orange County Transportation Authority Measure M2 Tier 2 Environmental Cleanup Program ABSTRACT: The City of Newport Beach Public Works Department seeks Council approval to submit a grant application to Orange County Transportation Authority (OCTA) for grant funding to construct a trash mitigation and water quality improvement project. 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 this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2024-13, 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 2 Grant Program. DISCUSSION: As a component of the voter approved Measure M2 Transportation Investment Plan, OCTA has established and is administering an environmental cleanup grant funding program to address water quality degradation associated with transportation -generated pollution. Under the OCTA Tier 2 grant program, a total of $15 million is available to be awarded for selected projects. City staff is seeking City Council approval to submit a $2.5 million grant application targeting trash removal and water quality improvements for the Newport Dunes Lagoon. This project may have several components including possible storm drain to sewer diversions, infiltration of dry -weather runoff, and trash/sediment/pollutant controls. The project will further improve water quality in the Newport Dunes Lagoon (one of the most visited bay beaches within the city) and assist the City and County of Orange in meeting the requirements of the State of California Trash Provisions. 4-1 Resolution No. 2024-13: Supporting Submission of Grant Application Under the OCTA Measure M2 Tier 2 Environmental Cleanup Program March 12, 2024 Page 2 As required by the grant application, an adopted resolution must be submitted with the application stating that the 1) Newport Beach City Council has reviewed and supports the application, 2) the City is capable of providing the required match funding for the project, and 3) the City agrees to work with OCTA to meet established deadlines. FISCAL IMPACT: The grant requires a match between 35-50% depending on meeting certain criteria in the grant application. Staff anticipates meeting all requirements to obtain the lower (35%) match requirement. Should the City be successful and awarded the full grant amount, the grant match requirement is 35% or $875,000. The project partners, the County of Orange (majority landowner) and the Newport Dunes Resort, would contribute 50% of the required match. The City would need to cover the remaining $437,500 match requirement. If awarded the grant, a budget amendment request will be brought to City Council at that time. 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 — Location Map Attachment B — Resolution No. 2024-13 4-2 ATTACHMENT A Castaways Park CLil F DR W COAs- '�'COASTilWy 2p . v, y . A¢ 2 �S vd m lip 4r NEWPORT DUNES aa4� T� Ilk I Qcbftt =- ClH ,yw RroR �� }� $QryIVxE pd()hF Trp HARRDR ISLAP41) ❑R O oliOH I,y a C CITY OF NEWPORT BEACH NEWPORT DUNES PUBLIC WORKS DEPARTMENT LOCATION MAP 03/12/24 4-3 ATTACHMENT B RESOLUTION NO. 2024- 13 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 2 GRANT PROGRAM WHEREAS, the Orange County Transportation Authority ("OCTA") has announced funding available through the Environmental Cleanup Tier 2 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 large scale Best Management Practices, such as constructed wetlands, detention/infiltration basins and bioswales, which mitigate pollutants including litter and debris, heavy metals, organic chemicals, sediment, and nutrients; WHEREAS, the OCTA has established the procedures and criteria for reviewing Program proposals; WHEREAS, the City of Newport Beach ("City") desires to submit a proposal for funding under the Program to finance and install storm drain trash/debris screens and large-scale diversion and infiltration 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 authorize the City Manager of the City, 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); on Resolution No. 2024- 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 for funding 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 up to fifty percent (50%) in matching funds for the Project, as required by the OCTA Funding Program Guidelines, with the potential to reduce matching funds to as low as thirty five percent (35%) based on project readiness, including environmental certification, design completion, and right-of-way acquisition. 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 underthe 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 her designee, to act in connection with Program requirements and to provide such additional information as may be required. 4-5 Resolution No. 2024- Page 3 of 4 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. Section 3: The City Council does hereby agree to provide up to fifty percent (50%) 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. 2024- 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 12t" day of March, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE /.,-- C Aaron C. Harp City Attorney 4-7