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HomeMy WebLinkAbout2021-48 - Concerning the Status and Update of the Circulation Element, Mitigation Fee Program, and Pavement Management Plan for the Measure M2 ProgramRESOLUTION NO. 2021-48 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, 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's 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) 2019-20 and FY 2020-21; 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 programs 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, 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 Resolution No. 2021-48 Page 2 of 3 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; b) The City attests that no unilateral reduction in through lanes has been made on any MPAH arterials during FY 2019-20 and FY 2020-21. c) The City affirms that it will bring forward requests to amend the MPAH, when necessary, in order to ensure that the MPAH and the Circulation Element remain consistent; d) The City reaffirms that City Council concurs with the existing Mitigation Fee Program; e) The PMP is in conformance with the PMP Submittal Template provided in the Countywide Pavement Management Plan Guidelines; f) The City hereby adopts a PMP and has provided an updated PMP report, using the required format, to OCTA; and g) 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. Resolution No. 2021-48 Page 3 of 3 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 8t" day of June, 2021. ATTEST: r pw� (1, pw4t" Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE Aaron C. Harp City Attorney d very (M-ayelr 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. 2021-48 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 8 1 day of June, 2021; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Brad Avery, Council Member Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None RECUSED: Mayor Pro Tem Kevin Muldoon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 91h day of June, 2021. 4 -fm, WYW Leilani I. Brown City Clerk Newport Beach, California