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Res 10-028RESOLUTION NO. 10 -028 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 2010/2011 THROUGH 2014/2015 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 2010/2011 through 2014/2015; and WHEREAS, the City of Poway held a duly 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 TransNet 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. Section 4 . 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. Resolution No. 10 -028 Page 2 Section 5 . 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 6 . 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 18th day of May 2010. Don Higginson, Maybr/ I ATTEST: a A royan, MMC, City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. 10 -028, was duly adopted by the City Council at a meeting of said City Council held on the 18th day of May 2010, and that it was so adopted by the following vote: AYES: BOYACK, CUNNINGHAM, REXFORD, KRUSE, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE L4 a . Troyan, MMC, City Clerk Poway