Loading...
HomeMy WebLinkAbout2018-76 - Approving The Submittal of a Funding Application for an Arterial Capacity Enhancement Project to The Orange County Transportation Authority for Funding Under the Comprehensive Transportation Funding ProgramRESOLUTION NO. 2018-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING THE SUBMITTAL OF A FUNDING APPLICATION FOR AN ARTERIAL CAPACITY ENHANCEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM WHEREAS, the City of Newport Beach ("City") desires to implement the transportation improvements below; WHEREAS, the City has been declared by the Orange County Transportation Authority ("OCTA") to meet the eligibility requirements to receive revenues as part of the M2 "Fair Share" under the Comprehensive Transportation Funding Program ("Program"), WHEREAS, the City's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways, WHEREAS, the OCTA intends to allocate funds for transportation improvement projects within the incorporated cities and the County; WHEREAS, the City desires to support the funding application for the Right of Way ("ROW") Acquisition for Arterial Improvements located at Pacific Coast Highway and Old Newport Boulevard ("Project"), under the Program; WHEREAS, by this resolution, the City Council of the City of Newport Beach intends to 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; WHEREAS, the City must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Measure M2 Ordinance eligibility requirement; WHEREAS, should OCTA's Board of Directors approve to fund the Project as part of the Program, OCTA shall provide seventy-five percent (75%) of the funding for the Project, not to exceed $2,411,725; WHEREAS, by this resolution, the City Council of the City of Newport Beach intends to agree to provide twenty-five percent (25%) in matching funds for the Project as required by the Program's Guidelines; Resolution No. 2018-76 Page 2 of 3 WHEREAS, if the Project's total costs exceed Three Million Two Hundred Fifteen Thousand Six Hundred and Thirty Four Dollars and 00/100 ($3,215,634.00), City shall be responsible for any additional costs of the Project; and WHEREAS, the City will not use Program funds to supplant developer fees or other commitments. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby support the submission of the funding application for the Project under the Program. 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-five percent (25%) in matching funds for Project, as required by the Program, should the OCTA's Board of Directors approve to fund the Project as part of the Program. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2018-76 Page 3 of 3 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 13t" day of November, 2018. ATTEST: BrownLeilani 1. City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE —644, 179'�L�"-� for Aaron C. Harp City Attorney arshal "Duffy" D ffield Mayor 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; the foregoing resolution, being Resolution No. 2018-76 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 November, 2018; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Scott Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield NAYS: None ABSENT: Council Member Kevin Muldoon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of November, 2018. r _�„""V - Nwv,�� Lei ani I. Brown City Clerk Newport Beach, California