HomeMy WebLinkAbout2024-13 - Authorizing and Approving the Submittal of a Grant Proposal for Funding Under the Orange County Transportation Authority Environmental Cleanup Tier 2 Grant ProgramRESOLUTION 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);
Resolution No. 2024-13
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 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 her designee, to act in connection with Program requirements and to provide
such additional information as may be required.
Resolution No. 2024-13
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. 2024-13
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 12th day of March, 2024.
Will O'Neill
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
A&rolh C. Harp
City Attorney
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. 2024-13 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 12th day of March, 2024; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Noah Blom,
Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember
Erik Weigand
NAYS: Councilmember Brad Avery
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 13th day of March, 2024.
Leilani I. Brown
City Clerk
Newport Beach, California
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