HomeMy WebLinkAbout03 - Approve Filing a Grant Application for Design and Implementation of Habitat Restoration and Water Quality Improvements in Big Canyon Nature Park3-1
NEWPORT BEACH
City Council Staff Report
COUNCIL STAFF REPORT
CITY OF
March 22, 2016
Agenda Item No. 3
ABSTRACT:
City staff has completed a State of California Ocean Protection Council (OPC) grant
application requesting funding of $750,000.00 for additional restoration work in Big
Canyon Nature Park. The OPC grant application requires a resolution, approved by City
Council, approving the filing of the grant proposal and certifying that it understands the
general provisions of the grant agreement.
RECOMMENDATION:
Adopt Resolution No. 2016-39,A Resolution of the City Council of the City of Newport
Beach, California, Approving the Application for and/or Execution of Grant Funds from
the Water Quality, Supply, and Infrastructure Act of 2014 (Proposition 1), for the Big
Canyon Habitat Restoration and Water Quality Improvement Project to be funded in part
by Proposition 1 sources.
FUNDING REQUIREMENTS:
There is no fiscal impact related to the adoption of this resolution. If grant funding is
approved by OPC, the required match funding of $1,590,000 (Measure M funds) is
included in the current FY 2015/16 Capital Improvement Program budget.
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY:Bob Stein, Assistant City Engineer, rstein@newportbeachca.gov
PHONE:949-644-3322
TITLE:Resolution to Approve Filing a Grant Application for Design and
Implementation of Habitat Restoration and Water Quality
Improvements in Big Canyon Nature Park
Resolution to Approve Filing a Grant Application for Design and Implementation of
Habitat Restoration and Water Quality Improvements in Big Canyon Nature Park
February 23, 2016
Page 2
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DISCUSSION:
The Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1)
was approved by voters in November 2014. Under Proposition 1, $30 million was
allocated to the OPC for a competitive grant program for multi-benefit ecosystem and
watershed protection and restoration projects (OPC is a division of the California
Natural Resources Agency). City Staff proposes requesting grant funding of
$750,000.00 under the OPC grant program to be used to restore an additional three
acres of creek and riparian habitat in Big Canyon Nature Park west of Jamboree Road
(Area 1 on the Location Map). The grant would also fund a feasibility planning study to
restore the remaining downstream area (approximately 40 acres – Area 2) including the
freshwater pond adjacent to Back Bay Drive. This feasibility planning study would be
conducted in collaboration with California Department of Fish and Wildlife (CDFW)
which owns the lower 15 acre portion of the canyon including the freshwater lake.
The OPC grant application requires a resolution, approved by City Council, approving
the filing of the grant proposal and certifying that it understands the general provision of
the grant agreement.
ENVIRONMENTAL REVIEW:
Staff recommends the 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, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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 – Resolution
Attachment B – Location Map
RESOLUTION NO. 2016–______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA APPROVING THE
APPLICATION FOR AND/OR EXECUTION OF GRANT
FUNDS FROM THE WATER QUALITY, SUPPLY, AND
INFRASTRUCTURE ACT OF 2014 (PROPOSITION 1)
WHEREAS, the Legislature and Governor of the State of California have
provided funds for the program shown above;
WHEREAS, the California Natural Resources Agency has been delegated the
responsibility for the administration of this grant program, establishing necessary
procedures;
WHEREAS, said procedures established by the California Natural Resources
Agency require a resolution certifying the approval by the potential grantee’s governing
board either before submission of said application(s) to the State or prior to execution of
the grant agreement; and
WHEREAS, the Applicant/Grantee, if selected, will enter into an agreement with
the State of California to carry out the project.
NOW THEREFORE, the City Council of the City of Newport Beach hereby
resolves as follows:
Section 1: The recitals provided above are true and correct and are
incorporated into the operative part of this resolution.
Section 2: The City Council approves the filing of an application for the Big
Canyon Habitat Restoration and Water Quality Improvement Project to be funded by
Proposition 1.
Section 3: The City of Newport Beach certifies that it will have sufficient funds to
operate and maintain the project consistent with the land tenure requirements; or will
secure the resources to do so.
ATTACHMENT A
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Resolution No. 2016-__
Page 2 of 3
2
Section 4: The City of Newport Beach certifies that the project will comply with
any laws and regulations including, but not limited to, the California Environmental
Quality Act (CEQA), legal requirements for building codes, health and safety codes, the
California Labor Code, disabled access laws, and, that prior to commencement of the
project, all applicable permits will have been obtained.
Section 5: The City of Newport Beach certifies that it will work towards the State
Planning Priorities intended to promote equity, strengthen the economy, protect the
environment, and promote public health and safety as included in Government Code
Section 65041.1.
Section 6: The City Manager, or his designee, is appointed 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 project.
Section 7: 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 8: 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.
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Resolution No. 2016-__
Page 3 of 3
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Section 9: 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 22nd day of March, 2016.
________________________
Diane B. Dixon
Mayor
ATTEST:
__________________________
Leilani I. Brown, City Clerk
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Feet Imagery:2009-2013 photos provided by Eagle Imaging www.eagleaerial.com
Every reasonable effort has been made to assure the accuracy of the data
provided, however, The City of Newport Beach and its employees and
agents disclaim any and all responsibility from or relating to any results
obtained in its use.
Disclaimer:
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0 833417Newport
Beach
GIS
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