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Home My WebLink About04 - Supporting Submission of Grant Application Under the OCTA Measure M2 Tier 1 Environmental Cleanup ProgramQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report April 29, 2025 Agenda Item No. 4 TO: 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. 2025-14: Supporting Submission of Grant Application Under the Orange County Transportation Authority Measure M2 Tier 1 Environmental Cleanup Program ABSTRACT: The Public Works Department is seeking City Council approval to submit an application to the Orange County Transportation Authority (OCTA) for grant funding to implement a trash mitigation project. A resolution approved by the City Council authorizing and supporting the submission of the grant application is required as part of the application process. 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. 2025-14, 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 $3.5 million is available countywide for the 2025-26 fiscal year's "Call for Projects." Public Works would like to submit a grant application seeking funding for one floating trash/debris collection device located in Newport Harbor. This project will assist the City of Newport Beach in meeting the requirements of the new State of California Trash Provisions (State Water Code Section 13383) which aims to reduce the discharge of trash into waterways and the ocean. 4-1 Resolution No. 2025-14: Supporting Submission of Grant Application Under the Orange County Transportation Authority Measure M2 Tier 1 Environmental Cleanup Program April 29, 2025 Page 2 The floating trash/debris collection device will complement an existing unit currently operated by the City's Harbor Department. The Harbor Department is supportive of adding a second unit to its fleet. As required by OCTA, an adopted resolution must be submitted with the grant application stating that 1) The City Council has reviewed and supports the project, 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 floating trash/debris collection device project is not included in the current Capital Improvement Program budget. If approved by the City Council, staff would apply for approximately $68,000 in funding under the OCTA M2 Tier 1 grant program. Should the City be successful and awarded the full amount, the City's match requirement is estimated at 20% or approximately $13,600. Upon acceptance of any 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. 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. 2025-14 4-2 NAN RON ATTACHMENT B RESOLUTION NO. 2025-14 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 and trash collection devices; 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 a floating trash/debris collection device ("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 their 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); WHEREAS, if the Project is funded, the City will give OCTA's representatives access to and the right to examine all records, books, papers or documents; Emil Resolution No. 2025- Page 2 of 3 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, 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, the City Council intends to provide 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 their 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. Section 3: The City Council does hereby agree to provide 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. 4-5 Resolution No. 2025- Page 3 of 3 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. 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 29th day of April, 2025. Joe Stapleton Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney we