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Res 11-031RESOLUTION NO. 11 -031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, REQUESTING AN AMENDMENT TO THE 2010 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR TRANSNET LOCAL STREET IMPROVEMENT LIST OF PROJECTS FOR THE CITY OF POWAY FOR FISCAL YEARS 2011 THROUGH 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 SANDAL, 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 2011 through 2015; and WHEREAS, the City of Poway has held a duly noticed public hearing regarding its proposed list of project amendments, prior to approval by its 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 amended list of projects to the 2010 Regional Transportation Improvement Program, is hereby authorized to be submitted as the City of Poway's list of amended projects for the City's TransNet revenues as required by Section 5(A) of the TransNet Extension Ordinance. 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 annual revenues shall be spent on 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 has been 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 SANDAL. Resolution No. 11 -031 Page 2 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 a minimum of $2,081 from the private sector for each newly- constructed residential housing unit in that jurisdiction to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). 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 local TransNet funded projects. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 7th day of June 2011. Don Higginson, May r ATTEST: da . Troyan, MMC, City Clerk Resolution No. 11 -031 Page 3 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 11 -031 was duly adopted by the City Council at a meeting of said City Council held on the 7th day of June 2011, and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE A. Troyan, MMC, City Clerk f Poway