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Res 08-039 RESOLUTION NO 08-039 A RESOLUTION'OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM LIST OF PROJECTS FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 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), and 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, and WHEREAS, the City of Poway was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2008/2009 through 2012/2013, and WHEREAS, the City of Poway held a clearly noticed public hearing regarding its proposed list of projects prior to approval by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No 031 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows Section 1 Pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of Poway certifies that no more that 30% of its annual revenues shall be spent on maintenance related projects Section 2. 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 3 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 l3ection 4 Pursuant to Section 9A of the TransNet Extension Ordinance, the City of Poway certifies that it will extract $2,000 from the private sector for each newly constructed residential housing unit in the City to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP) Resolution No. 08-039 Page 2 Section 5 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 6 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 7 That the City of Poway does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No 031 have been met. Section 8 That 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 local TransNet funded projects PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway, at a regular meeting, this 10th day of June 2008. ATTEST ~ J/~e-.-,/'/l Salam Hasenin, City Clerk Resolution No 08-039 Page 3 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Salam Hasenin, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No 08-039, was duly adopted by the City Council at a meeting of said City Council held on the 10th day of June 2008, and that it was so adopted by the following vote AYES BOYACK, HIGGINSON, REXFORD, CAFAGNA NOES NONE ABSENT EMERY DISQUALIFIED' NONE );~~i" Salam Hasenin, City Clerk City of Poway