HomeMy WebLinkAbout2023-35 - Concerning the Status and Update of the Circulation Element, Mitigation Fee Program, Local Signal Synchronization Plan, and Pavement Management Plan for the Measure M2 ProgramRESOLUTION NO. 2023-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, CONCERNING
THE STATUS AND UPDATE OF THE CIRCULATION
ELEMENT, MITIGATION FEE PROGRAM, LOCAL
SIGNAL SYNCHRONIZATION PLAN, AND PAVEMENT
MANAGEMENT PLAN FOR THE MEASURE M2
PROGRAM
WHEREAS, the City of Newport Beach ("City") desires to maintain and improve
the streets within its jurisdiction, including those arterials contained in the Master Plan of
Arterial Highways ("MPAH") administered by the Orange County Transportation Authority
("OCTA");
WHEREAS, the City has endorsed a definition of and process for determining
consistency of the City's Traffic Circulation Plan ("Circulation Element") with the MPAH;
WHEREAS, the City's Circulation Element, which is incorporated into the City's
General Plan, does not preclude implementation of the MPAH within its jurisdiction;
WHEREAS, the City is required to adopt a resolution biennially informing OCTA
that the City Circulation Element is in conformance with the MPAH and whether any
changes to any arterial highways of said Circulation Element have been adopted by the
City during Fiscal Years (FY) 2021-22 and FY 2022-23;
WHEREAS, the City is required to send biennially to OCTA all recommended
changes to the City Circulation Element and the MPAH for the purposes of re -qualifying
for participation in the Comprehensive Transportation Funding Programs, which are a
collection of competitive grant program comprised primarily of Measure M2 funds (an
Orange County transportation sales tax) offered to local agencies to assist in funding
street improvements, transit expansion and even environmental mitigation projects;
WHEREAS, the City is required to adopt a resolution biennially certifying that the
City has an existing Mitigation Fee Program that assesses traffic impacts of new
development and requires new development to pay a fair share of necessary
transportation improvements attributable to the new development;
WHEREAS, OCTA has developed the Regional Traffic Signal Synchronization
Master Plan to identify traffic signal synchronization street routes and traffic signals within
and across jurisdictional boundaries, and defines the means of implementing the
Regional Traffic Signal Synchronization Program;
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WHEREAS, the Regional Traffic Signal Synchronization Program requires that
local jurisdictions adopt a Local Signal Synchronization Plan consistent with the Regional
Traffic Signal Synchronization Master Plan as a key component of local jurisdictions'
efforts to synchronize traffic signals across local jurisdictions' boundaries;
WHEREAS, the Local Signal Synchronization Plan must be updated by June 30,
2023 to continue to be eligible to receive Net Revenues as part of OCTA's Measure M2;
WHEREAS, "Net Revenues" is defined by OCTA in its Measure M2 Ordinance as
"[a]II of the gross revenues generated from the transactions and use tax plus any interest
or other earnings thereon (collectively, "Revenues"), after the deduction for: (i) amounts
payable to the State Board of Equalization for the performance of functions incidental to
the administration and operation of the Ordinance, (ii) costs for the administration of the
Ordinance as provided herein, (iii) two percent (2%) of the Revenues annually allocated
for Environmental Cleanup, and (iv) satisfaction of debt service requirements of all bonds
issued pursuant to the Ordinance that are not satisfied out of separate allocations, shall
be defined as `Net Revenues' and shall be allocated solely for the transportation purposes
described in the Ordinance.";
WHEREAS, the City is required to meet eligibility requirements and submit
eligibility verification packages to OCTA in order to remain eligible to receive M2 funds;
WHEREAS, the City is required to adopt and update a Pavement Management
Plan ("PMP"), using the required format, regarding the status of road pavement conditions
and implementation of the PMP on a biennial basis; and
WHEREAS, the City is required to provide a plan that manages the preservation,
rehabilitation, and maintenance of paved roads by analyzing pavement life cycles,
assessing overall system performance costs, and determining alternative strategies and
costs necessary to improve paved roads.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby inform OCTA that:
a) The arterial highway portion of the City's Circulation Element
is in conformance with the MPAH.
Resolution No. 2023-35
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b) The City attests that no unilateral reduction in through lanes
has been made on any MPAH arterials during FY 2021-22 and
FY 2022-23.
c) The City affirms that it will bring forward requests to amend
the MPAH, when necessary, in order to ensure that the MPAH
and Circulation Element remain consistent.
d) The City reaffirms that the existing Mitigation Fee Program is
in effect.
e) The City hereby adopts, and will maintain, the Local Signal
Synchronization Plan presented to the City Council at the
June 13, 2023, City Council Meeting, which is incorporated
herein by reference, which includes goals that are consistent
with those outlined as part of the Regional Signal
Synchronization Master Plan, including signal
synchronization across jurisdictions.
f) The Local Signal Synchronization Plan identifies traffic signal
synchronization street routes, including all elements of the
Regional Signal Synchronization Network located within the
City.
g) The Local Signal Synchronization Plan includes the traffic
signal inventory for all traffic signal synchronization street
routes.
h) The Local Signal Synchronization Plan includes a three-year
plan showing capital, operations, and maintenance of signal
synchronization along the traffic signal synchronization street
routes and traffic signals.
i) The Local Signal Synchronization Plan includes an update on
the status and performance of traffic signal synchronization
activities.
j) The Local Signal Synchronization Plan includes a discussion
on the review and revision, as may be necessary, on the
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timing of traffic signals on the traffic signal synchronization
street routes.
k) The PMP is in conformance with the PMP Submittal Template
provided in the Countywide Pavement Management Plan
Guidelines.
1) The City hereby adopts the PMP presented to the City Council
at the June 13, 2023, City Council meeting, which is
incorporated herein by reference, and has provided an
updated PMP report, using the required format, to OCTA.
m) The City's Public Works Director, City Engineer or designee
is authorized to sign the PMP certification form.
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.
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.
Resolution No. 2023-35
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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 131" day of June, 2023.
ATTEST:
Leilani I. BrAn
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
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. 2023-35 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 June, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council
Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton,
Council Member Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 14th day of June, 2023.
F-
%4 L!icORNA
Leilani I. Br n
City Clerk
Newport Beach, California