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.
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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.
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Leilani I. Brown
City Clerk
Newport Beach, California