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Home My WebLink About2018-20 - Approving the Submittal of the Balboa Peninsula Shuttle Expansion Program Application to the Orange County Transportation Authority for Funding Under the Project v Community-Based Transit/Circulators ProgramRESOLUTION NO. 2018-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING THE SUBMITTAL OF THE BALBOA PENINSULA SHUTTLE EXPANSION PROGRAM APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE PROJECT V COMMUNITY-BASED TRANSIT/CIRCULATORS PROGRAM WHEREAS, the Community -Based Transit/Circulators Program ("Project W) establishes a competitive process to enable local jurisdictions to develop community- based local transit services that complement regional transit services and meet needs in areas not adequately serviced by regional transit; WHEREAS, the Orange County Transportation Authority ("OCTA") intends to allocate Project V funds for projects within the County of Orange and the incorporated cities therein; WHEREAS, the OCTA has established the procedures and criteria for reviewing applications for Project V funds as identified in the Project V Guidelines; WHEREAS, by adopting this resolution, the City Council of the City of Newport Beach authorizes the nomination of The Balboa Peninsula Shuttle Expansion Program, including all understanding and assurances contained therein, for funding under Project V; WHEREAS, the City of Newport Beach ("City") has been declared by the OCTA to meet the eligibility requirements to receive revenues ("Net Revenues") as part of the Renewed Measure M Transportation Ordinance and Investment Plan, County of Orange approved by the voters on November 7, 2006 ("Measure M2"); WHEREAS, the City must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Measure M2 eligibility requirement; WHEREAS, by adopting this resolution, the City Council of the City of Newport Beach authorizes a formal amendment to the City's seven-year Capital Improvement Program to add The Balboa Peninsula Shuttle Expansion Program as approved for funding upon approval from the OCTA Board of Directors; WHEREAS, the City's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways; WHEREAS, the City will comply where applicable with provisions of the Americans with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; Resolution No. 2018-20 Page 2 of 3 WHEREAS, the City will consult with the OCTA regarding the need for a paratransit plan prior to starting operations, WHEREAS, the City will provide matching funds for The Balboa Peninsula Shuttle Expansion Program as required by the Project V Guidelines and shall fund its share of the project costs and any additional costs over the identified programmed amount; WHEREAS, the City will not use Measure M2 funds to supplant developer fees or other commitments; and WHEREAS, the City will give the OCTA's representatives access to and the right to examine all records, books, papers or documents related to The Balboa Peninsula Shuttle Expansion Program. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby authorize the submittal of The Balboa Peninsula Shuttle Expansion Program application to the OCTA for funding under Project V. Section 2: The City Council does hereby request that the OCTA allocate Project V funds in the amounts specified in City's application for The Balboa Peninsula Shuttle Expansion Program. Said funds shall be matched by funds from the City as required and shall be used as supplemental funding to aid the City in the implementation of the proposed transit service. Section 3: The City Council does hereby authorize a formal amendment to the seven-year Capital Improvement Program to add The Balboa Peninsula Shuttle Expansion Program as approved for funding upon approval from the OCTA's Board of Directors. Section 4: The City Council does hereby agree to provide matching funds for The Balboa Peninsula Shuttle Expansion Program as required by Project V Guidelines and shall fund City's share of the project costs and any additional costs over the identified programmed amount. Section 5: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 6: 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. 2018-20 Page 3 of 3 Section 7: 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 8: 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 10th day of April, 2018. 1a.�l�,,I� L111/1► City Clerk APPROVED AS TO FORM: CITY ATTORN EY'S OFFICE -I Of Aaron C. Harp City Attorney MarshaIHD`rV 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. 2018-20 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 10th day of April, 2018; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Herdman, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Duffy Duffield NAYS: Council Member Kevin Muldoon, Mayor Pro Tem Will O'Neill IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11th day of April, 2018. Leilani I. Brown City Clerk Newport Beach, California