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Res 22-018RESOLUTION NO. 22-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2022-23 THROUGH 2026-27 WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve a multi -year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; WHEREAS, the City of Poway was provided with an estimate of annual TransNet local street improvement revenues for Fiscal Years 2022-23 through 2026-27; and WHEREAS, the City of Poway has held a noticed public hearing with an agenda item that clearly identified the proposed list of projects prior to approval of the projects by the City Council in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The 2023 Regional Transportation Improvement Program of Projects for Fiscal Years 2022-23 through 2026-27 is hereby adopted. SECTION 2: Pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of Poway certifies that no more than 30 percent of its cumulative revenues shall be spent on local street and road maintenance -related projects. SECTION 3: Pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Poway certifies that all new projects, or major reconstruction projects, funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Poway's public hearing process. SECTION 4: Pursuant to Section 8 of the TransNet Extension Ordinance, the City of Poway certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the five-year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG. SECTION 5: Pursuant to Section 9A of the TransNet Extension Ordinance and the City of Poway Municipal Code Section 15.06.050, the City of Poway certifies that it will extract $2,688.21, plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in the City of Poway (unless exempted under the TransNet Extension Ordinance), and shall contribute such exactions to the Regional Transportation Congestion Improvement Program (RTCIP). Resolution No. 22-018 Page 2 SECTION 6: Pursuant to Section 13 of the TransNet Extension Ordinance, the City of Poway certifies that it has established a separate Transportation Improvement Account for TransNet revenues with interest earned expended only for those purposes for which the funds were allocated. SECTION 7: Pursuant to Section 18 of the TransNet Extension Ordinance, the City of Poway certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs. SECTION 8: The City of Poway does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met. SECTION 9: The City of Poway agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to the City of Poway's TransNet funded projects. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 19th day of April, 2022 by the following vote, to wit: AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ATTEST: Carrie Gallagher, CMC, City Clerk Steve Vaus, Mayor