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HomeMy WebLinkAbout06 - Authorizing the Public Works Director, City Engineer or Designees to Execute Right-of-Way Certifications11163 FROM CITY OF NEWPORT BEACH City Council Staff Report PREPARED BY: PHONE: TITLE: ABSTRACT: October 12, 2021 Agenda Item No. 6 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov Andy Tran, Senior Civil Engineer, atran@newportbeachca.gov 949-644-3315 Resolution No. 2021-96: Authorizing the Public Works Director, City Engineer or Designees to Execute Right -of -Way Certifications Local agencies are required to execute Right -of -Way Certifications for all projects that involve federal funding or projects located on state highways. To simplify the right-of-way review process, staff recommends adopting Resolution No. 2021-96, to authorize the Public Works Director, City Engineer, or their designees, to sign Caltrans' Right -of -Way Certifications. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2021-96, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Public Works Director, City Engineer, and Their Designees to Execute Right -of -Way Certifications. DISCUSSION: The City of Newport Beach administers various improvement projects that involve federal funding. Federally funded projects, as well as projects that are not federally funded but within Caltrans' right-of-way, require review and approval by the Federal Highway Administration. This approval authority has been delegated to the State of California Department of Transportation (Caltrans). In accordance with the Caltrans Local Assistance Procedures Manual (LAPM), right-of- way certifications are required for projects that involve federal funding as well as projects on state highways. Local agencies are required to sign Right -of -Way Certifications as described in the LAPM. 6-1 Resolution No. 2021-96: Authorizing the Public Works Director, City Engineer or Designees to Execute Right -of -Way Certifications October 12, 2021 Page 2 Historically the City Engineer has undertaken this function of Certifying the Right -of Way, by verifying all the project street Right -of -Way is in place and under control of the agency (City). However, we currently do not have that authority function designation identified in documentation. To formalize the right-of-way review process, staff recommends adopting Resolution No. 2021-96, to authorize the Public Works Director, City Engineer, and their designees, to sign Right -of -Way Certifications. FISCAL IMPACT: There is no fiscal impact related to this item. 14►LVA I:is]►1Ji14►11/_1NNATA l��i� Staff recommends the City Council find this action 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. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Resolution No. 2021-96 6-2 ATTACHMENT A RESOLUTION NO. 2021- 96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE PUBLIC WORKS DIRECTOR, CITY ENGINEER, AND THEIR DESIGNEES TO EXECUTE RIGHT-OF-WAY CERTIFICATIONS WHEREAS, the City of Newport Beach ("City") has transportation projects that are eligible to receive federal funding and are administered through the California Department of Transportation ("Caltrans") and also has transportation projects that are not federally funded but are within Caltrans' right-of-way; WHEREAS, these projects require the City to certify that any right-of-way interests necessary for the project have been, or are being secured in accordance with applicable laws and regulations, or that no additional property rights or rights-of-way are required ("Right -of -Way Certifications"); and WHEREAS, Right -of -Way Certifications are required to be signed by a City official authorized by the City Council to act on behalf of the City. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows.. Section 1: The City Council does hereby authorize the Public Works Director, City Engineer, and their designees to sign all Right -of -Way Certifications required for the above -referenced transportation projects. 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. 6-3 Resolution No. 2021 - Page 2 of 2 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. 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 12th day of October, 2021. Brad Avery Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney