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HomeMy WebLinkAbout2021-96 - Authorizing the Public Works Director, City Engineer, and their Designees to Execute Right-Of-Way CertificationsRESOLUTION 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. Resolution No. 2021-96 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. rad very r ATTEST: Leilani I. Brown 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. 2021-96 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 1211 day of October, 2021; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 131h day of October, 2021. A (_). 0�- ?A*\-" Leilani I. Brown City Clerk Newport Beach, California