HomeMy WebLinkAbout2021-101 - Certifying that the City of Newport Beach has the Resources to Fund the Projects in the Federal Transportation Improvement Program for Federal Fiscal Years 2022/23 to 2027/28 and Affirming its Commitment to Implement All Projects in the ProgramRESOLUTION NO. 2021-101
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 2022/23 TO
2027/28 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 2022/23
to 2027/28 Orange County Transportation Authority ("OCTA") Federal Transportation
Improvement Program ("FTIP");
WHEREAS, 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 ("CEQA"),
National Environmental Policy Act, Americans with Disabilities Act, and Buy America; and
WHEREAS, the City agrees to construct "Transportation Control Measures" for its
projects in the FTIP, as noted in the 2022/23 to 2027/28 FTIP Guidelines, 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 2023 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. 2021-101
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
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 26th day of October, 2021.
ATTEST:
A
Leilani I. Brown
City Clerk '
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
AAr-o-V C. Harp
City Attorney
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or
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. 2021-101 was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 261h 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 271h day of October, 2021.
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Leilani I. Brown
City Clerk
Newport Beach, California