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HomeMy WebLinkAbout2016-131 - Approving the Submittal of an Intersection Capacity Enhancement Project to the Orange County Transportation Authority for Funding Under the Comprehensive Transportation ProgramRESOLUTION NO. 2016-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING THE SUBMITTAL OF AN INTERSECTION CAPACITY ENHANCEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM WHEREAS, the City of Newport Beach ("City") desires to implement the transportation improvements listed below; WHEREAS, the City has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive M2 "Fair Share" funds; WHEREAS, the City's Circulation element is consistent with the County of Orange Master Plan of Arterial Highways; WHEREAS, the City shall provide twenty five percent (25%) in matching funds (a reduction from fifty percent (50%) for meeting certain requirements) for the Right -of -Way ("ROW") Purchase for the Improvement of Old Newport Boulevard and Coast Highway project ("Project"), as required by the Orange County Comprehensive Transportation Funding Programs Guidelines; WHEREAS, the Orange County Transportation Authority intends to allocate funds for transportation improvement projects within the incorporated cities and Orange County; WHEREAS, the City of Newport Beach will not use Measure M2 funds to supplant developer fees or other commitments; WHEREAS, the City is required to include all projects funded by net revenues in the seven (7) year Capital Improvement Program as part of the Measure M2 Ordinance eligibility requirement; and WHEREAS, the City authorizes a formal amendment to the seven (7) year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby request the Orange County Transportation Authority allocate funds in the amounts specified in the City's application from the Comprehensive Transportation Programs. Said funds shall be matched by funds from the City of Newport Beach as required and shall be used as supplemental funding to aid the City improvement of Old Newport Boulevard and Coast Highway. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Resolution No. 2016-131 Page 2 of 3 Section 3: 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 one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The requirement for environmental review under the California Environmental Quality Act ("CEQA") is satisfied by not being subject to the California Environmental Quality Act (CEQA) pursuant to 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(4)) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The approval of this grant resolution is a preliminary governmental funding activity that does not involve a final commitment to the construction of the proposed Project. The Project is subject to CEQA review and the California Department of Transportation ("Caltrans") is the lead agency responsible for preparing the necessary analysis to support the review and approval of the proposed project. Caltrans has prepared a draft Initial Study and Negative Declaration ("IS/ND") in accordance with CEQA and the CEQA Guidelines. The draft IS/ND concludes that no significant impact on the environment would occur when following Caltrans standards and conditions and no mitigation measures are anticipated. Following the conclusion of the public review period, Caltrans plans to finalize and adopt the IS/ND in February 2017. Section 5: 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 13"' day of December, 201 Diane B. Dixon Mayor ATTEST: c )�'— Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE �\A' Aaron 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; that the foregoing resolution, being Resolution No. 2016-131 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 13th day of December, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of December, 2016. a AJ. Leilani I. Brown, MMGJ City Clerk Newport Beach, California (Seal)