HomeMy WebLinkAbout2019-88 - Certifying that the City of Newport Beach has the Resources to Fund the Project in the Federal Transportation Improvement Program for Federal Fiscal Years 2020/21 — 2025/26 and Affirming its Commitment to Implement the ProjectRESOLUTION NO. 2019-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, CERTIFYING THAT
THE CITY OF NEWPORT BEACH HAS THE RESOURCES
TO FUND THE PROJECT IN THE FEDERAL
TRANSPORTATION IMPROVEMENT PROGRAM FOR
FEDERAL FISCAL YEARS 2020/21 — 2025/26 AND
AFFIRMING ITS COMMITMENT TO IMPLEMENT THE
PROJECT
WHEREAS, the City of Newport Beach ("City") is located within the metropolitan
planning boundaries of the Southern California Association of Governments;
WHEREAS, the City Council for the City has authorized a submittal to the 2021
Orange County Transportation Authority ("OCTA") Federal Transportation Improvement
Program ("FTIP") for the Newport Beach Bicycle and Pedestrian Bridge project, which is
currently approved in the FTIP;
WHEREAS, by adopting this resolution, the City Council intends to certify that the
City has the resources to fund the project in the FTIP and affirm its commitment to
implement the project in the FTIP;
WHEREAS, the City is the lead agency for the project submitted by the City in
the FTIP and will comply with applicable local, state, and federal provisions for the
project, including but not limited to the FTIP, California Environmental Quality Act,
National Environmental Policy Act, Americans with Disabilities Act, and Buy America;
and
WHEREAS, City intends to agree to construct "Transportation Control Measures"
for its project in the FTIP, as noted in the FTIP 2020/21 — 2025/26 Guidelines, as
amended, in a timely manner.
NOW THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby certify that the City has the resources to
fund the project in the FTIP and affirm its commitment to implement the project in the
FTIP.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2019-88
Page 2of2
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
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 8th day of October 2019
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFI E
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. 2019-88, was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 8th day of October, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman
NAYS: Council Member Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 91h day of October, 2019.
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Leilani I. Brown
City Clerk
Newport Beach, California
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