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Res 12-017 RESOLUTION NO. 12 -017 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2013 THROUGH 2017 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 2013 through 2017; and WHEREAS, the City of Poway has held a duly 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: Pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of Poway certifies that no more than 30 percent of the TransNet 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, unless an exception to this requirement is permitted by the TransNet Extension Ordinance. Section 3: Pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Poway certifies that a notice of the City Council public hearing clearly identified proposed projects with pedestrian improvement exceptions permitted by the TransNet Extension Ordinance. 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 an amount of $2,123 plus any applicable annual increases, from the private sector for each Resolution No. 12 -017 Page 2 newly constructed residential housing unit in the City of Poway 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 plans to use TransNet revenues to fund its annual share of the Regional Arterial Management System (RAMS) maintenance and operation cost, and to authorize SANDAG to withhold $7,300 annually for Fiscal Year 2012/13 through Fiscal Year 2016 at the beginning of each fiscal year for this purpose. Section 10: 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 17th day of April 2012. Don Higginson, May• ATTEST: ind - . roy- , MMC, City Cle Resolution No. 12 -017 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. 12 -017 was duly adopted by the City Council at a meeting of said City Council held on the 17th day of April 2012, and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLING, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE • • • a ; . Troyan, MMC, t Clerk Ci •f Poway