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2010-010 TransNet Local Street ImprovementRESOLUTION 2010-10 RESOLUTION OF THE CITY OF ENCINITAS, CALIFORNIA AMENDING THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2009 THROUGH 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 Encinitas was provided with an estimate of annual TraYSNet local street improvement revenues for fiscal years 2009 through 2013; and WHEREAS, the City of Encinitas has held a noticed public meeting with an agenda item that clearly identified the amendment to the TransNet Program of Projects prior to approval of the amendment by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy 31; NOW THEREFORE, BE IT RESOLVED that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of Encinitas certifies that no more than 30 percent of its annual revenues shall be spent on maintenance-related projects. BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransNet ]Extension Ordinance, the City of Encinitas 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 Encinitas' public hearing process. BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Extension Ordinance, the City of Encinitas certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the 5- year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG. Last printed 2/9/20101:34:00 PM BE IT FURTHER RESOLVED that pursuant to Section 9A of the TransNet Extension Ordinance, the City of Encinitas certifies that it will extract $2,000 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). BE IT FURTHER RESOLVED that pursuant to Section 13 of the TransNet Extension Ordinance, the City of Encinitas 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. BE IT FURTHER RESOLVED that pursuant to Section 18 of the TransNet Extension Ordinance, the City of Encinitas certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs. BE IT FURTHER RESOLVED that the City of Encinitas does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy 31 have been met. BE IT FURTHER RESOLVED that the City/County of Encinitas 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 AND ADOPTED by the City of Encinitas on the 17t` day of February, 2010 by the following vote to wit: AYES: Barth, Bond, Dalager, Houlihan, Stocks. NAYS: None. ABSENT: None. ABSTAIN: None. Dan Dalager, Mayor Deborah Cervone, City Clerk Last printed 2/9/2010 4:34:00 PM