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Home My WebLink About2018-6 - Authorizing the Submission of Grant Proposals for Funding under the California Ocean Protection Council’s Proposition 1 Grant Program under the Water, Supply and Infrastructure Improvement Act of 2014RESOLUTION NO. 2018-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING AND SUPPORTING THE SUBMISSION OF GRANT PROPOSALS FOR FUNDING UNDER THE CALIFORNIA OCEAN PROTECTION COUNCIL'S PROPOSITION 1 GRANT PROGRAM UNDER THE WATER, SUPPLY AND INFRASTRUCTURE IMPROVEMENT ACT OF 2014 WHEREAS, the Legislature and Governor of the State of California have provided funds for the Proposition 1 Grant Program under the Water, Supply, and Infrastructure Improvement Act of 2014 ("Program"); WHEREAS, the California Ocean Protection Council ("OPC") has been delegated the responsibility for the administration of this grant Program, including the responsibility to establish necessary Program procedures; WHEREAS, by adopting this resolution, the City Council for the City of Newport Beach authorizes the nomination of the Newport Bay Waterwheel and the Polaris Drive Trash Mitigation Projects ("Projects"), including all understandings and assurances contained therein, for funding under the Program and authorizes the City Manager or his designee to act in connection with the nomination and to provide such additional information as may be required; and WHEREAS, the City of Newport Beach ("City"), if selected for Program funding, shall enter into an agreement with the State of California to carry out the Projects consistent with the Program. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby authorize, nominate, support, and approve the filing of applications for grant funding under the Program's "Calls for Projects" for the Projects and authorizes the City Manager or his designee to act in connection with the nomination and to provide such additional information as may be required. Section 2: The City is eligible to apply for funding under the Program. Section 3: The City understands the assurances and certifications in the applications for funding under the Program. Section 4: The City has long-term control of the Projects' property and shall provide satisfactory documentation of the long-term control as part of the grant Program agreement development process. Section 5: The City shall have sufficient funds to operate and maintain the Projects consistent with the land tenure requirements, or shall secure the resources to do so. Resolution No. 2018-6 Page 2 of 3 Section 6: The City is free of any legal challenges that could undermine progress on the Projects. Section 7: The City gives the State permission to publish any digital image provided for Program funding to its website and to crop or resize the image. Section 8: The City agrees to acknowledge the State's support in any news media, brochures, articles, publications, seminars, exhibits, buildings, displays, products, or other promotion materials about the funded Projects. Section 9: The City shall comply with the provisions of Section 1771.5 of the State Labor Code regarding payment of prevailing wages on Projects awarded Proposition 1 Funds. Section 10: The City agrees that projects involving construction, renovation, repair, rehabilitation, or ground or visual disturbances must comply with all current laws and regulations which apply to the Projects, including, but not limited to, labor codes related to prevailing wage, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, disabled access and historic preservation laws and environmental laws. The City will be required to certify that, prior to commencement of construction, all applicable permits and licenses (e.g., state contractor's license) will be obtained. Section 11: The City agrees to adhere to the Americans with Disabilities Act of 1990 ("ADA") and the 2010 ADA Standards for Accessible Design. Title III of the ADA covers places of public accommodation (such as museums, libraries, and educational institutions) and includes a specific section regarding new construction and alterations in public accommodations. Section 12: The City agrees that projects involving construction, renovation, repair, rehabilitation, or ground or visual disturbances must comply with the National Historic Preservation Act and the Native American Graves Protection and Repatriation Act ("NAGPRA"). Section 13: The City waives all rights to privacy and confidentiality of the material submitted to State for Program funding. Section 14: The City agrees to execute a grant agreement prior to the encumbrance deadline, and shall cause work on the Projects to be commenced within a reasonable time after encumbering the funds, so that the Projects shall be complete and the final invoice submitted to the State by relevant deadlines. Section 15: The City agrees that for all property acquired with Proposition 1 funds, City shall accept, sign, notarize and record a declaration of covenants, conditions and restrictions (deed restrictions) which attaches the conditions of the grant, as set forth in the grant agreement, on the use and enjoyment of the property until the end land tenure date specified in the grant agreement. Resolution No. 2018-6 Page 3 of 3 Section 16: The City appoints the City Manager or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned Projects. Section 17: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 18: 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 19: 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 20: 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 13th day of February, 2018. ATTEST: n f e Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Marghall &Duffy' Duffield 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. 2018-6 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 131h day of February, 2018; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 141h day of February, 2018. 1.IIzENOMMO Leilani I. Brown City Clerk Newport Beach, California