HomeMy WebLinkAbout06 - Authorizing the Public Works Director, City Engineer or Designees to Execute Right-of-Way Certifications11163
FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
PREPARED BY:
PHONE:
TITLE:
ABSTRACT:
October 12, 2021
Agenda Item No. 6
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
Andy Tran, Senior Civil Engineer, atran@newportbeachca.gov
949-644-3315
Resolution No. 2021-96: Authorizing the Public Works Director, City
Engineer or Designees to Execute Right -of -Way Certifications
Local agencies are required to execute Right -of -Way Certifications for all projects that
involve federal funding or projects located on state highways. To simplify the right-of-way
review process, staff recommends adopting Resolution No. 2021-96, to authorize the
Public Works Director, City Engineer, or their designees, to sign Caltrans' Right -of -Way
Certifications.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Adopt Resolution 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.
DISCUSSION:
The City of Newport Beach administers various improvement projects that involve federal
funding. Federally funded projects, as well as projects that are not federally funded but
within Caltrans' right-of-way, require review and approval by the Federal Highway
Administration. This approval authority has been delegated to the State of California
Department of Transportation (Caltrans).
In accordance with the Caltrans Local Assistance Procedures Manual (LAPM), right-of-
way certifications are required for projects that involve federal funding as well as projects
on state highways. Local agencies are required to sign Right -of -Way Certifications as
described in the LAPM.
6-1
Resolution No. 2021-96: Authorizing the Public Works Director, City Engineer or
Designees to Execute Right -of -Way Certifications
October 12, 2021
Page 2
Historically the City Engineer has undertaken this function of Certifying the Right -of Way,
by verifying all the project street Right -of -Way is in place and under control of the agency
(City). However, we currently do not have that authority function designation identified in
documentation. To formalize the right-of-way review process, staff recommends adopting
Resolution No. 2021-96, to authorize the Public Works Director, City Engineer, and their
designees, to sign Right -of -Way Certifications.
FISCAL IMPACT:
There is no fiscal impact related to this item.
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Staff recommends the City Council find this action 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, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Resolution No. 2021-96
6-2
ATTACHMENT A
RESOLUTION 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.
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Resolution No. 2021 -
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.
Brad Avery
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney