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Home My WebLink About2017-13 - Supporting the Submission of a Grant Proposal for Funding Under the Orange County Transportation Authority Environmental Cleanup Tier 1 Grant Program and Authorizing the City Manager or Designee to Submit the ProposedRESOLUTION NO. 2017-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUPPORTING THE SUBMISSION OF A GRANT PROPOSAL FOR FUNDING UNDER THE ORANGE COUNTY TRANSPORTATION AUTHORITY ENVIRONMENTAL CLEANUP TIER 1 GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT THE PROPOSAL 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 grant 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; WHEREAS, the Environmental Cleanup, Tier 1 Grant 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 grant proposals for the Environmental Cleanup Tier 1 Grant Program; WHEREAS, the City of Newport Beach ("City') possesses authority to nominate water quality improvement projects that have a transportation pollution nexus and to finance and construct the proposed projects, which may be eligible for grant funding through the Environmental Cleanup Tier 1 Grant Program; WHEREAS, bythis Resolution, the City Council of the City of Newport Beach ("City Council") authorizes the nomination of the Newport Bay Trash Reduction Project(s), including all understanding and assurances contained therein, to submit a grant proposal for funding through the Environmental Cleanup Tier 1 Grant Program and authorizes the City Manager or his designee to act in connection with the nomination and grant proposal and to provide such additional information as may be required; WHEREAS, the City will maintain and operate the 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 Tier 1 Grant Project; WHEREAS, if awarded a grant, the City will cause work on the project(s) 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; Resolution No. 2017-13 Page 2 of 3 WHEREAS, the City will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the American with Disabilities Act, and any other federal, state and/or local laws, rules and/or regulations; WHEREAS, if awarded a grant, the City will include all City projects funded by Net Revenues from Tier 1 of the Program in the City's seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirement; WHEREAS, if awarded a grant, the City Council, at future meetings, will authorize a formal amendment to the City's seven-year Capital Improvement Program to add the projects approved for funding upon approval from the OCTA Board of Directors; and WHEREAS, the City will provide a minimum of 20% in matching funds for the Newport Bay Trash Reduction Project(s) 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 anticipates reviewing the grant proposal for funding under the OCTA Environmental Cleanup Tier 1 Grant Program, anticipates supporting such grant proposal, nominates the Newport Bay Trash Reduction Project(s) for such grant funding, and authorizes the City Manager or his designee to act in connection with the nomination, submit the grant proposal, and to provide such additional information as may be required, including giving OCTA's representatives access to and the right to examine all records, books, papers or documents related to the Newport Bay Trash Reduction Project(s) funded from the Environmental Cleanup Tier 1 Grant Program. Section 2: If awarded a grant from the Environmental Cleanup Tier 1 Grant Program, the City will cause work on the Newport Bay Trash Reduction Project(s) to be commenced within a reasonable time after receipt of notification from OCTA that the City has been awarded funds and that the Newport Bay Trash Reduction Project(s) will be carried to completion within reasonable diligence. Further, if awarded a grant and by future action of the City Council, the City will include all City projects funded by Net Revenues from the Environmental Cleanup Tier 1 Grant Program in the City's seven-year Capital Improvement Program and authorize a formal amendment(s) to the City's seven- year Capital Improvement Program to add the Newport Bay Trash Reduction Project(s) approved for funding from the Environmental Cleanup Tier 1 Grant Program upon approval from the OCT A Board of Directors. The City will provide a minimum of 20% in matching funds for the Newport Bay Trash Reduction Project(s) and will accept the funds and fund its share of the costs for the funded projects as well as 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. Resolution No. 2017-13 Page 3 of 3 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 anyone 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, 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 28th day of February, 2017. ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron 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; that the foregoing resolution, being Resolution No. 2017-13 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 28th day of February, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES:, Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 1s1dayof March, 2017. V�J"6 I 6pvI-- Leilani I. Brown, MMC City Clerk Newport Beach, California (Seal)