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HomeMy WebLinkAbout2023-63 - Certifying that the City of Newport Beach has the Resources to Fund the Projects in the Federal Transportation Improvement Program for Federal Fiscal Years 2024/25 to 2029/30 and Affirming its Commitment to Implement All City Projects in the ProRESOLUTION NO. 2023-63 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 PROJECTS IN THE FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FEDERAL FISCAL YEARS 2024/25 TO 2029/30 AND AFFIRMING ITS COMMITMENT TO IMPLEMENT ALL CITY PROJECTS IN THE PROGRAM 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 has authorized projects for submittal to the Orange County Transportation Authority's ("OCTA") Federal Transportation Improvement Program for federal fiscal years 2024-25 to 2029/30 ("FTIP"); WHEREAS, by adopting this resolution the City Council intends to certify that the City has the resources to fund the projects in the FTIP, affirm its commitment to implement the projects in the FTIP, and authorize the submittals of future projects for inclusion in the FTIP; WHEREAS, the City is the lead agency for projects submitted by the City in the FTIP and will comply with applicable local, state, and federal provisions for the projects, including but not limited to the FTIP, California Environmental Quality Act, National Environmental Policy Act, Americans with Disabilities Act, and Build America Buy America; and WHEREAS, the City agrees to construct "Transportation Control Measures" for its projects in the FTIP, as amended, in a timely manner, or to assist with finding a substitute project. 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 projects in the FTIP, affirm its commitment to implement the projects in the FTIP, and authorize the submittals of future projects for inclusion 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. 2023-63 Page 2 of 2 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. 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 14th day of November, 2023. ATTEST: EWL'A Ul0LTh=fy.il JUALNUI `■s 1 •City Clerk /P0[;N% 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. 2023-63 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 14th day of November, 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, Councilmember Brad Avery Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Joe Stapleton, Councilmember Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of November, 2023. T Leilani I. Brown City Clerk Newport Beach, California I F:0 �I