HomeMy WebLinkAbout2020-4 - Authorizing and Approving the Submittal of a Funding Application for an Intersection Capacity Enhancement Project to the Orange County Transportation Authority for Funding Under the Comprehensive Transportation Funding ProgramRESOLUTION NO. 2020-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
AND APPROVING THE SUBMITTAL OF A FUNDING
APPLICATION FOR AN INTERSECTION CAPACITY
ENHANCEMENT PROJECT TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR FUNDING
UNDER THE COMPREHENSIVE TRANSPORTATION
FUNDING PROGRAM
WHEREAS, the City of Newport Beach ("City") desires to implement the
Intersection Capacity Enhancement Project at West Coast Highway and Superior
Avenue/Balboa Boulevard ("Project");
WHEREAS, the City has been declared by the Orange County Transportation
Authority ("OCTA") to meet the eligibility requirements to receive revenues as part of the
M2 "Fair Share" under the Comprehensive Transportation Funding Program ("Program");
WHEREAS, the City's Circulation Element is consistent with the Orange County
Master Plan of Arterial Highways;
WHEREAS, the City will not use Program funds to supplant developer fees or other
commitments;
WHEREAS, the City desires to support the funding application for the Project
under the Program;
WHEREAS, the City must include all projects funded by Net Revenues in the
seven-year Capital Improvement Program as part of the Measure M2 Ordinance eligibility
requirement;
WHEREAS, the OCTA intends to allocate funds for transportation improvement
projects within the incorporated cities and the County;
WHEREAS, by this resolution, the City Council of the City of Newport Beach
intends to authorize a formal amendment to its seven-year Capital Improvement Program
to add the Project for funding upon approval from OCTA's Board of Directors to fund the
Project as part of the Program;
WHEREAS, should OCTA's Board of Directors approve funding for the Project as
part of the Program, OCTA shall provide sixty-five percent (65%) of the funding for the
Project, not to exceed $780,000;
Resolution No. 2020-4
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WHEREAS, by this resolution, the City Council of the City of Newport Beach
intends to agree to provide thirty-five percent (35%) in matching funds for the planning
phase of the Project, as required by the Program's Guidelines; and
WHEREAS, if the Project's total costs exceed One Million Two Hundred Thousand
Dollars and 00/100 ($1,200,000.00), the City shall be responsible for any additional costs
of the Project.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby approve submission of the funding
application for the Project under the Program.
Section 2: The City Council does hereby authorize a formal amendment to its
seven-year Capital Improvement Program to add the Project for funding upon approval
from OCTA's Board of Directors to fund the Project as part of the Program.
Section 3: The City Council does hereby agree to provide thirty-five percent
(35%) in matching funds for the planning phase for the Project, as required by the
Program, should the OCTA's Board of Directors approve funding the Project as part of
the Program.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: 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 6: 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. 2020-4
Page 3of3
Section 7: 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 January, 2020.
05 1
Will O'Neill
Mayor
ATTEST:
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Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
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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. 2020-4, was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 141h day of January, 2020; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff
Herdman
NAYS: None
RECUSED: Council Member Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 151h day of January, 2020.
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Leilani I. 97own
City Clerk
Newport Beach, California