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HomeMy WebLinkAbout2016-86 - Authorizing Application of Funds for the Bicycle Corridor Improvement Program Funded with Congestion Mitigation and Air Quality Program under the Moving Ahead for Progress in the 21st Century and Fixing America’s Surface Transportation Federal TRESOLUTION NO. 2016-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING APPLICATION OF FUNDS FOR THE BICYCLE CORRIDOR IMPROVEMENT PROGRAM FUNDED WITH CONGESTION MITIGATION AND AIR QUALITY PROGRAM UNDER THE MOVING AHEAD FOR PROGRESS IN THE 21sT CENTURY AND FIXING AMERICA'S SURFACE TRANSPORTATION FEDERAL TRANSPORTATION ACT FOR THE NEWPORT BEACH BICYCLE AND PEDESTRIAN BRIDGE PROJECT WHEREAS, the United States Congress enacted the Moving Ahead for Progress in the 21St Century ("MAP -21") Federal Transportation Act and Fixing America's Surface Transportation ("FAST") Federal Transportation Act, which makes Congestion Mitigation and Air Quality ("CMAQ") funds available to the Orange County Transportation Authority ("OCTA"); WHEREAS, OCTA has established the procedures and criteria for reviewing proposals; WHEREAS, City of Newport Beach ("City") possesses authority to nominate bicycle projects funded using CMAQ funding and to finance, acquire, and construct the proposed project; WHEREAS, by formal action the City Council authorizes the nomination of the Newport Beach Bicycle and Pedestrian Bridge Project, including all understanding and assurances contained therein, and authorizes the Department of Public Works as the official representative of the City to act in connection with the nomination and to provide such additional information as may be required; WHEREAS, the City will maintain and operate the property acquired, developed, rehabilitated, or restored for the life of the resultant facility or activity; WHEREAS, with the approval of the California Department of Transportation ("Caltrans") and/or OCTA, the City or its successors in interest in the property may transfer the responsibility to maintain and operate the property; WHEREAS, the City will give Caltrans and/or OCTA's representatives access to and the right to examine all records, books, papers or documents related to the bicycle project; WHEREAS, the City will cause work on the project to be commenced within six months following notification from Caltrans or OCTA that funds have been authorized to proceed by the Federal Highway Administration or Federal Transit Authority and that the project will be carried to completion with reasonable diligence; Resolution No. 2016-86 Page 2 of 3 WHEREAS, the City commits an estimated $587,400 funding to provide 20 percent of total project cost as match to the requested $2,349,600 in OCTA CMAQ funds for a total project cost estimated to be $2,937,000; WHEREAS, the City will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the American with Disabilities Act, Federal Title VI, Buy America provision and any other federal, state, and/or local laws, rules and/or regulations; and WHEREAS, the City Council of the City of Newport Beach authorizes the execution of any necessary cooperative agreements between the City and OCTA to facilitate the delivery of the project. NOW, THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The City Council, hereby authorizes the Public Works Department as the official representative of the City to apply for the CMAQ funding under the MAP -21 and FAST Federal Transportation Acts for the Newport Beach Bicycle and Pedestrian Bridge Project. Section 2: The City agrees to fund its share of the project costs and any additional costs over the identified programmed amount. Section 3: 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. Section 4: 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 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 28th day of June, 2016. ATTEST: iane B. Dixon Mayor awk 6mll� Leilani I. Brown City Clerk Resolution No. 2016-86 Page 3 of 3 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. 2016-86 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of June, 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 29h day of June, 2016. �` h YV -- Leilani I. Brown, MMC City Clerk Newport Beach, California (Seal)