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Home My WebLink About4 - Propositions 50 & 84 Grant ApplicationsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No, 4 June 26, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: RESOLUTION NO. 2007- _ AUTHORIZING THE CITY TO APPLY FOR GRANTS FROM PROPOSITIONS 50 AND 84 ISSUE: Should the City adopt a resolution authorizing us to apply for grants under Proposition 50 and 84 from the Department of Water Resources and the State Water Resources Control Board (SWRCB)? RECOMMENDATION: Adopt Resolution 2007 -_ relating to grants under Propositions 50 and 84. DISCUSSION: City staff has been strongly supporting efforts by Irvine Ranch Water District (IRWD) to prepare a first -cut Integrated Regional and Coastal Watershed Management Plan (IRCWMP) for the Newport Bay Watershed and a directly- associated grant application for Proposition 50 funding. For the projects proposed for funding under Proposition 50 funding, state law directs that each region be part of a Watershed Management Plan that justifies and corroborates the proposed projects. Because Orange County has previously received Proposition 50 funding in the first round, additional funding for us is only possible for projects that can be tied as closely as possible toward protecting the Areas of Special Biological Significance (ASBS) along Newport Coast and at Heisler Park in Laguna Beach. The attached maps show how both ASBSs 32 and 33 may be impacted from waters coming out of the Newport Harbor. Resolution relating to Props 50 and 84 June 26, 2007 Page 2 Watershed stakeholders have defined and prioritized over two dozen projects that will be submitted in the grant application. The anticipated grant request will be approximately $10 million, of which $5 million are for projects within the City's jurisdiction. These projects include efforts and measures to: • Improve water quality entering the ASBSs; • Reduce public impacts to the tidepool areas; Remove invasive marine life species (e.g. brown algae); • Support dredging in Upper Newport Bay's Critical Coastal Area. There is also a very important grant request to fund stabilization of a reach in Serrano Creek in Lake Forest. Serrano Creek (and Borrego Creek) are estimated to be contributing 30 to 40 percent of the sediment load deposited in Newport Bay. Lake Forest, California — Serrano Creek Area While grant funding under Proposition 50 is highly competitive, the City is strongly positioned for grant funding because we have made good progress toward assessing impacts to the ASBSs and therefore can define and justify projects that are likely to protect or restore these sensitive marine life areas. These grants do require a City match, however contributions from other sources can be used as match funding. The a Resolution relating to Props 50 and 84 June 26, 2007 Page 3 City's actual match requirements will depend on which projects obtain grant funding but are expected to fall within the 20 -30 percent range. The City has various choices to meet this match — the funds could come from: • "In- kind" contributions of staff time. • Mitigation funds from projects, both in Newport Beach and in upstream regions. • Other agencies, like the US Army Corps of Engineers' congressional appropriations. • Measure M's dedicated water quality funding, including money allocated by Watershed Management Area. We will be better able to delineate these match sources if we are directed by the State that we will be considered for funding. At this time, we can be more general in our descriptions as to how we might meet the match. According to Proposition 50 rules, the Council must adopt a resolution in support of the Integrated Regional and Coastal Water Management Plan for the Newport Bay Watershed and a grant application for Proposition 50 funding. Staff respectfully requests the consideration and adoption of the resolution. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Funding Availability: S taff is not requesting funding for this specific agenda item, although, as noted, some matching funds may be required if grant money for projects is awarded. Each awarded project will have to be brought to the City Council for approval of the matching fund appropriation. As to this specific Plan, IRWD is funding the preparation of this Watershed Management Plan and the accompanying grant application. The City already has consultants under contract that are working in support of IRWD efforts. Submitted by: Submitted by: fie. �r �. s►ti;_ � �� Robert Stein, P.E. Dave`<iff Principal Civil Engineer Assistant City Manager Attachments: Resolution 2007 - Maps of ASBSs 32 and 33 3 Resolution relating to Props 50 and 84 June 26, 2007 Page 4 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY TO APPLY FOR STATE GRANTS RELATING TO INTEGRATED WATERSHED MANAGEMENT PLANNING AND THE RHINE CHANNEL WHEREAS, Newport Bay is an impaired water body under the Federal Clean Water act for four categories of pollutants - sediment, nutrients, fecal Coliform, and toxic pollutants, with the Rhine Channel having special toxicity problems that need attention; and WHEREAS, as an impaired water body, the Bay is subject to the creation and implementation of daily limits of these pollutants and plans to achieve certain water quality goals within a time certain; and WHEREAS, these limits and plans are called Total Maximum Daily Loads (TMDLs); and WHEREAS, the Bay is also part of a complex watershed system that stretches into Tustin, Irvine, Lake Forest, Orange, Santa Ana, Costa Mesa, and unincorporated territories; and WHEREAS, the voters of California passed both Propositions 50 and 84 in an attempt to improve water quality, water supply, and regional watershed planning in the state; and WHEREAS, the California Department of Water Resources and the California State Water Resources Control Board, as a part of implementing the Legislature's directive through Propositions 50 and 84, has set forth grant guidelines and procedures for eligible jurisdictions to receive funding for water quality and watershed projects; now, therefore be it RESOLVED by the City Council of the City of Newport Beach, that application be made to the California Department of Water Resources and State Water Resources Control Board to obtain an Integrated Regional Watershed Implementation Grant pursuant to the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Water Code Section 79560 et seq), and to enter into an agreement to receive a grant for the Newport Bay Watershed IRWMP. The Mayor of the City of Newport Beach is hereby authorized and directed to prepare the necessary data, conduct investigations, file such application, and execute a grant agreement with the California Department of Water Resources or the State Water Resources Control Board; and be it also RESOLVED by the City Council of the City of Newport Beach, that application be made to the California Department of Water Resources and State Water Resources Control Board to obtain an Integrated Regional Watershed Implementation Grant 4 Resolution relating to Props 50 and 84 June 26, 2007 Page 5 pursuant to the Safe Drinking Water, Water Quality and Supply, Flood Control, River, and Coastal Protection Bond Act of 2006 (Public Resources Code Section 75000 et seg) and to enter into an agreement to receive a grant for the Newport Bay Watershed IRWMP or for improvements to the Rhine Channel's toxicity problems. The Mayor of the City of Newport Beach is hereby authorized and directed to prepare the necessary data, conduct investigations, file such application, and execute a grant agreement with the California Department of Water Resources or the State Water Resources Control Board. ADOPTED this 26t" Day of June, 2007. STEVE ROSANSKY Mayor of Newport Beach ATTEST: LAVONNE HARKLESS City Clerk S Resolution relating to Props 50 and 84 June 26, 2007 Page 6 Santa Ana Regional Water Quality Control Board State Water Quality Protection Area Area of Special Biological Significance No. 32 Newport Beach Marine Life Refuge L i IX -4 if dA, (j row, s IT -n ,i2 Vk- 5:1 N. ulH �4 A, v ASSS 32. 04o dal.- pmr ASBS 33.., 0 025 0.5 D175 I t.vies .r Ref. k1ap: USGS Newport Beach. CA D. E. Gregorio USGS Laguna Beach, CA C. S. Bianchi Division of Water Quality Jinuory 2003 57 (0 ASKS 02 Resolution relating to Props 50 and 84 June 26, 2007 Page 7 Santa Ana Regional Water Quality Control Board State Water Quality Protection Area Area of Special Biological Significance No. 33 Irvine Coast Marine Life Refuge 0 0.25 0.5 0.7S 1'Miles Ref. Map: USGS Laguna Beach, CA 58 S:F;. l =` Or D. E. Gregorio C. S. Bianchi Division ofVfater Quality January' 2003