HomeMy WebLinkAbout2019-49 - Concerning the Status and Update of the Circulation Element, Mitigation Fee Program, and Pavement Management Plan for the Measure M2 ProgramRESOLUTION NO. 2019-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, CONCERNING
THE STATUS AND UPDATE OF THE CIRCULATION
ELEMENT, MITIGATION FEE PROGRAM, AND
PAVEMENT MANAGEMENT PLAN FOR THE MEASURE
M2 PROGRAM
WHEREAS, the City of Newport Beach ("City") desires to maintain and improve
the streets within its jurisdiction, including those arterials contained in the Master Plan of
Arterial Highways ("MPAH") administered by the Orange County Transportation Authority
("OCTA");
WHEREAS, the City has endorsed a definition of and process for, determining
consistency of the City's Traffic Circulation Element ("Circulation Element") with the
MPAH;
WHEREAS, the City's Circulation Element, which is incorporated into the City's
General Plan, does not preclude implementation of the MPAH within its jurisdiction;
WHEREAS, the City is required to adopt a resolution biennially informing OCTA
that the City's Circulation Element is in conformance with the MPAH and whether any
changes to any arterial highways of said Circulation Element have been adopted by the
City during Fiscal Year (FY) 2017-18 and FY 2018-19;
WHEREAS, the City is required to send biennially to OCTA all recommended
changes to the City's Circulation Element and the MPAH for the purposes of re -qualifying
for participation in the Comprehensive Transportation Funding Programs, which are a
collection of competitive grant programs comprised primarily of Measure M2 funds (an
Orange County transportation sales tax) offered to local agencies to assist in funding
street improvements, transit expansion, and even environmental mitigation projects;
WHEREAS, the City is required to adopt a resolution biennially certifying that the
City has an existing Mitigation Fee Program that assesses traffic impacts of new
development and requires new development to pay a fair share of necessary
transportation improvements attributable to the new development;
WHEREAS, the City is required to meet eligibility requirements and submit
eligibility verification packages to OCTA in order to remain eligible to receive M2 funds;
Resolution No. 2019-49
Page 2 of 3
WHEREAS, the City is required to adopt and update a Pavement Management
Plan ("PMP"), using the required format, regarding the status of road pavement conditions
and implementation of the PMP on a biennial basis; and
WHEREAS, the City is required to provide a plan that manages the preservation,
rehabilitation, and maintenance of paved roads by analyzing pavement life cycles,
assessing overall system performance costs, and determining alternative strategies and
costs necessary to improve paved roads.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby inform OCTA that:
a) The arterial highway portion of the City's Circulation Element is in
conformance with the MPAH;
b) The City attests that no unilateral reduction in through lanes has been
made on any MPAH arterials during FY 2017-18 and FY 2018-19;
c) The City reaffirms that City Council concurs with the existing Mitigation
Fee Program;
d) The PMP is in conformance with the PMP Submittal Template provided
in the Countywide Pavement Management Plan Guidelines;
e) The City hereby adopts a PMP and has provided an updated PMP
report, using the required format, to OCTA; and
f) The City's Public Works Director, City Engineer or designee, is
authorized to sign the PMP certification form.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
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 any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Resolution No. 2019-49
Page 3 of 3
Section 4: 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, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
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 11th day of June, 2019.
ATTEST:
PA�-
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron . Harp
City Attorney
W-9"�"47-
d'iane B.
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. 2019-49 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 11th day of June, 2019; and the same was so passed and adopted by the
following vote, to wit.-
AYES.-
it:
AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery,
Council Member Joy Brenner, Council Member Duffy Duffield, Council Member
Kevin Muldoon
NAYS: None
RECUSED: Council Member Jeff Herdman
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 121h day of June, 2019.
Leilani I. Brown
City Clerk
Newport Beach, California