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.
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Lei ani I. Brown
City Clerk
Newport Beach, California