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Home My WebLink About2023-35 - Concerning the Status and Update of the Circulation Element, Mitigation Fee Program, Local Signal Synchronization Plan, and Pavement Management Plan for the Measure M2 ProgramRESOLUTION NO. 2023-35 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, LOCAL SIGNAL SYNCHRONIZATION PLAN, 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 Plan ("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 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 Years (FY) 2021-22 and FY 2022-23; WHEREAS, the City is required to send biennially to OCTA all recommended changes to the City 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 program 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, OCTA has developed the Regional Traffic Signal Synchronization Master Plan to identify traffic signal synchronization street routes and traffic signals within and across jurisdictional boundaries, and defines the means of implementing the Regional Traffic Signal Synchronization Program; Resolution No. 2023-35 Page 2 of 5 WHEREAS, the Regional Traffic Signal Synchronization Program requires that local jurisdictions adopt a Local Signal Synchronization Plan consistent with the Regional Traffic Signal Synchronization Master Plan as a key component of local jurisdictions' efforts to synchronize traffic signals across local jurisdictions' boundaries; WHEREAS, the Local Signal Synchronization Plan must be updated by June 30, 2023 to continue to be eligible to receive Net Revenues as part of OCTA's Measure M2; WHEREAS, "Net Revenues" is defined by OCTA in its Measure M2 Ordinance as "[a]II of the gross revenues generated from the transactions and use tax plus any interest or other earnings thereon (collectively, "Revenues"), after the deduction for: (i) amounts payable to the State Board of Equalization for the performance of functions incidental to the administration and operation of the Ordinance, (ii) costs for the administration of the Ordinance as provided herein, (iii) two percent (2%) of the Revenues annually allocated for Environmental Cleanup, and (iv) satisfaction of debt service requirements of all bonds issued pursuant to the Ordinance that are not satisfied out of separate allocations, shall be defined as `Net Revenues' and shall be allocated solely for the transportation purposes described in the Ordinance."; 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; 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. Resolution No. 2023-35 Page 3 of 5 b) The City attests that no unilateral reduction in through lanes has been made on any MPAH arterials during FY 2021-22 and FY 2022-23. c) The City affirms that it will bring forward requests to amend the MPAH, when necessary, in order to ensure that the MPAH and Circulation Element remain consistent. d) The City reaffirms that the existing Mitigation Fee Program is in effect. e) The City hereby adopts, and will maintain, the Local Signal Synchronization Plan presented to the City Council at the June 13, 2023, City Council Meeting, which is incorporated herein by reference, which includes goals that are consistent with those outlined as part of the Regional Signal Synchronization Master Plan, including signal synchronization across jurisdictions. f) The Local Signal Synchronization Plan identifies traffic signal synchronization street routes, including all elements of the Regional Signal Synchronization Network located within the City. g) The Local Signal Synchronization Plan includes the traffic signal inventory for all traffic signal synchronization street routes. h) The Local Signal Synchronization Plan includes a three-year plan showing capital, operations, and maintenance of signal synchronization along the traffic signal synchronization street routes and traffic signals. i) The Local Signal Synchronization Plan includes an update on the status and performance of traffic signal synchronization activities. j) The Local Signal Synchronization Plan includes a discussion on the review and revision, as may be necessary, on the Resolution No. 2023-35 Page 4 of 5 timing of traffic signals on the traffic signal synchronization street routes. k) The PMP is in conformance with the PMP Submittal Template provided in the Countywide Pavement Management Plan Guidelines. 1) The City hereby adopts the PMP presented to the City Council at the June 13, 2023, City Council meeting, which is incorporated herein by reference, and has provided an updated PMP report, using the required format, to OCTA. m) 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. 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. Resolution No. 2023-35 Page 5 of 5 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 131" day of June, 2023. ATTEST: Leilani I. BrAn City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 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; the foregoing resolution, being Resolution No. 2023-35 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 June, 2023; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of June, 2023. F- %4 L!icORNA Leilani I. Br n City Clerk Newport Beach, California