HomeMy WebLinkAbout06 ADOPT RES 12-82 TO RENEW MEASURE M FUNDSAgenda Item 6
AGENDA REPORT Reviewed:
City Manager
Finance Director
MEETING DATE: OCTOBER 2, 2012
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER
SUBJECT: ADOPT RESOLUTION NO. 12 -82 TO APPROVE THE SUBMITTAL OF A
MEASURE M2 TIER 2 ENVIRONMENTAL CLEANUP PROGRAM PROJECT
APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY
SUMMARY
City Council adoption of Resolution No 12 -82 will approve submittal of the City's project application
for Renewed Measure M funds (Measure M2) under the Environmental Cleanup Allocation
Program, Tier 2 Grant Program for fiscal year 2013/2014. The City has prepared and submitted a
project application to complete the design and construction of the Tustin Legacy Detention Basin
for a total estimated cost of $1,268,750.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No 12 -82 approving the submittal of the
project application to the Orange County Transportation Authority (OCTA) for funding under the
Renewed Measure M Environmental Cleanup Allocation Program, Tier 2 Grant Program 2012 Call
for Projects.
FISCAL IMPACT
The total project cost is estimated at $1,268,750. The OCTA Measure M2 Grant would provide
65% of the total project cost, estimated at $824,688. A 35% match is required by the program and
if approved, sufficient funds in the amount of $444,062 will be budgeted in the Fiscal Year
2013/2014 Capital Improvement Program from the Tustin Legacy Backbone Infrastructure Fee
Program.
DISCUSSION /BACKGROUND
As a component of the Measure M2 Program, OCTA has established and is overseeing an
environmental cleanup grant program dedicated to protecting Orange County beaches and
waterways from the conveyance of urban runoff associated with transportation generated pollution.
The M2 Environmental Cleanup Program, also known as Project X under the Comprehensive
Transportation Funding Programs (CTFP), ensures that funds will be used on a countywide,
competitive basis to assist cities in meeting goals for controlling transportation generated pollution
as required by the City's National Pollutant Discharge Elimination System (NPDES) Permit. OCTA
has established a two tiered approach to fund Environmental Cleanup Program Projects. The Tier
1 Grant Program funds small scale local water quality projects. The Tier 2 Grant Program has
been established to fund large scale regional water quality projects.
Approximately $13.3 million is available during the first Tier 2 Grant Program Call for Projects.
Under this call, jurisdictions may allocate funds to be programmed in either Fiscal Year 2012/2013
or 2013/2014. Staff has prepared an application under this Call for Projects for Programming in
Measure M2 Tier 2 Project Application to OCTA
October 2, 2012
Page 2
Fiscal Year 2013/2014 to complete the Tustin Legacy Detention Basin located at the northeast
corner of Barranca Parkway and Red Hill Avenue, for a total estimated project cost of $1,268,750.
The project will include the design and construction of final grading, landscaping, irrigation, and
water quality features for the basin.
Resolution No. 12 -82 states that the City Council supports the application, the City is capable of
providing the required funding match, and that the City agrees to work with OCTA to meet
established deadlines if the grant funds are awarded, and designates the Director of Public
Works /City Engineer as the City's authorized representative. As recommended by OCTA, the
resolution has been structured to account for additional future project applications through Fiscal
Year 2017/2018. The Renewed Measure M funding eligibility requires City Council approval of
applications for funding under this program. The application for this project was submitted to the
OCTA by its deadline of September 4, 2012. As part of the application process, OCTA requires
that City Councils adopt their respective resolutions by November 2, 2012. Adoption of the
resolution serves to complete the initial OCTA administrative process for submittal of the
applications.
On August 13, 2012, as part of the M2 CTFP Master Funding Agreement, the OCTA Board of
Directors approved additional provisions related to project applications under Project X that
anticipate the use of in -kind services, specifically:
Project X "Environmental Clean Up Program" anticipates using in -kind services such as
ongoing operation and maintenance of projects must include semi - annual reporting and
expenditure verification of matching funds including backup documentation as part of the
semi - annual review (SAR) reporting process and include in the M2 Eligibility Expenditures
Report due within six months of the end of the jurisdiction's fiscal year. Failure to provide
reporting and or evidence of on -going in -kind services for the life of the project will result in
disqualification of Agency participation on future competitive calls for Comprehensive
Transportation Funding Programs projects.
In -kind services for City projects under Tier 1 are being tracked and included in the monitoring
reports as required. These costs amount to approximately $11,000 annually. Additionally, an
estimated in -kind services amount of $64,000 has been included within this application for the
basin. Should this grant be successful, all in -kind costs will be tracked and monitored as required.
Stack, P.E.
Public Works /City Engineer
Attachment Resolution No. 12 -82
S: \City Council Items\2012 Council Items\Adopt Reso 12 -82 for Submittal of M2 Tier 2 Application docx
RESOLUTION NO. 12 -82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN AUTHORIZING
APPLICATION SUBMITTALS DURING FISCAL YEARS 2012/2013 THROUGH 2017/2018 FOR
FUNDS FOR THE RENEWED MEASURE M ENVIRONMENTAL CLEANUP TIER 1 AND TIER 2
GRANT PROGRAMS UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE
NO. 3 FOR MULTIPLE PROJECTS.
WHEREAS, Orange County Local Transportation Ordinance No.3, dated July 24, 2006, and is
known and cited as the Renewed Measure M Transportation Ordinance and Investment Plan
makes funds available through the Environmental Cleanup Program to help protect Orange County
beaches and waterways from transportation - generated pollution (urban runoff) and improve overall
water quality; and
WHEREAS, the Environmental Cleanup, Tier 1 Grant Program consists of funding purchases
and installation to catch basins with Best Management Practices, such as screens, filters, inserts,
and other "street- scale" low flow diversion projects; and
WHEREAS, the Environmental Cleanup, Tier 2 Grant Program consists of funding regional,
potentially multi - jurisdictional, capital- intensive projects, such as constructed wetlands,
detention /infiltration basins and bioswales, which mitigate pollutants including litter and debris,
heavy metals, organic chemicals, sediment, and nutrients; and
WHEREAS, OCTA has established the procedures and criteria for reviewing proposals; and
WHEREAS, the City of Tustin possesses authority to nominate water quality improvement
projects that have a transportation pollution nexus to finance and construct proposed projects; and
WHEREAS, by formal action the City Council of the City of Tustin authorizes the nomination of
project proposals, including all understanding and assurances contained therein, and authorizes
the person identified as the official representative of the City of Tustin to act in connection with
nominations and to provide such additional information as may be required; and
WHEREAS, the City of Tustin will maintain and operate the equipment acquired and installed,
or in partnership for a joint project; and
WHEREAS, the City of Tustin will give OCTA's representatives access to and the right to
examine all records, books, papers or documents related to the funded Tier 1 and Tier 2 Grant
Projects; and
WHEREAS, the City of Tustin will cause work on projects to be commenced within a
reasonable time after receipt of notification from OCTA and that the projects will be carried to
completion with reasonable diligence; and
WHEREAS, the City of Tustin will comply where applicable with provisions of the California
Environmental Quality Act, the National Environmental Policy Act, the American with Disabilities
Act, and any other federal, state, and /or local laws, rules and /or regulations;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin, that it hereby
authorizes the Director of Public Works /City Engineer as the official representative of the City of
Tustin to apply for and accept funds for Environmental Cleanup, Tier 1 and Tier 2 Grant Program
proposals.
BE IT FURTHER RESOLVED that the City Council of the City of Tustin, agrees to fund its
share of project costs and any additional costs over the identified programmed amounts.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California
held on the 2 n day of October 2012.
John Nielsen, Mayor
ATTEST:
Pamela Stoker
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council is five;
that the above and foregoing Resolution No. 12 -82 was duly and regularly passed and adopted
at a regular meeting of the City Council held on the 2 n day of October 2012 by the following
vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER,
City Clerk