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HomeMy WebLinkAboutReso 2011-160RESOLUTION NO. 2011-160 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2010/2011 THROUGH 2014/2015; AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS WHEREAS, on November 3, 1987, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (Ordinance); and WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego County Transportation Improvement Program Ordinance and Expenditure Plan (Transnet Extension Ordinance); and WHEREAS, the Transnet Extension Ordinance provides that the San Diego Association of Governments (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, Section 4.E.3 of the Extension Ordinance states that all new projects, or major reconstruction projects, funded by revenues provided under this Ordinance shall accommodate travel by pedestrians and bicyclists, except where pedestrians and bicyclists are prohibited by law from using a given facility or where the costs of including bikeways and walkways would be excessively disproportionate to the need or probable use; and WHEREAS, Rule 21 "Accommodation of Bicyclists and Pedestrians" was adopted by the SANDAG Board on February 22, 2008, to provide a guide to appropriate accommodation measures for vazious types of streets; and WHEREAS, the Rule 21 Amendment states that a local jurisdiction may use a bicycle or pedestrian master plan adopted by the city council and approved by SANDAG to determine the appropriate means of accommodating bicyclists and pedestrians in a given project and at a minimum provide the facilities called for in the plan; and WHEREAS, on June 22, 2010, pursuant to Resolution No. 2010-170, the City Council adopted the City's Pedestrian Master Plan; and WHEREAS, on February 1, 2011, pursuant to Resolution No. 2011-013, the City Council adopted the City's Bikeway Master Plan Update; and Resolution No. 2011-160 Page 2 WHEREAS, in February 2011, the City of Chula Vista was provided with an estimate of annual Transnet local street improvement revenues for Fiscal Years 2011 through 2015; and WHEREAS, on March 10, 2011, Council held a public hearing and adopted Resolution No. 2011-047, which amended the City's portion of the Transnet Local Street Improvement Program for Fiscal Yeazs 2010/2011 through 2014/2015 in accordance with the February 2011 revenue projections. This amendment was included in the Regional Transportation Improvement Program (RTIP), which was approved by the SANDAG Board on April 15, 2011, and by the Federal government (as the FTIP) on May 13, 2011; and WHEREAS, the approved Fiscal Year 2011/2012 Capital Improvement Program (CIP) included several funding changes that would affect Transnet allocations approved on April 15, 2011, and, therefore, require amendment to the RTIP; and WHEREAS, one such funding change was the removal of $300,000 in Transnet funding from TF379 Traffic Monitoring Center -Traffic Management System. Those funds were added to TF377 Roadway Improvements at Olympic Pazkway and Brandywine; and WHEREAS, the other relevant change was that $177,000 in Transnet funding was deleted from TF330 Traffic Signal Modification (Fourth and Main, Fourth and Beyer) and added to TF368 Hazborside Elementazy School Pedestrian Improvements; and WHEREAS, in addition to approving and submitting the RTIP amendment, the City is required to provide certain certifications and indemnity statements to SANDAG to ensure that it may obtain the Transnet funding; and WHEREAS, the City Council of the City of Chula Vista held a noticed Public Hearing on August 16, 2011, with an agenda item that cleazly identified the proposed list of projects prior to approval of the projects in accordance with Section 5(A) of the Transnet Extension Ordinance and Rule 7 of SANDAG Boazd Policy 31. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby: 1. Approves the amendment of the Transnet Local Street Improvement Program for submittal to the San Diego Association of Governments for inclusion in the Regional Transportation Improvement Program for Fiscal Yeazs 2010/2011 through 2014/2015. 2. Certifies pursuant to Section 2(C)(1) of the Transnet Extension Ordinance, no more than 30 percent of its annual revenues shall be spent on maintenance-related projects. 3. Certifies pursuant to Section 4(E)(3) of the Transnet Extension Ordinance, 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 cleazly noticed as part of the City of Chula Vista's public hearing process. Resolution No. 2011-160 Page 3 4. Certifies pursuant to Section 8 of the Transnet Extension Ordinance, 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. 5. Certifies pursuant to Section 9.A of the Extension Ordinance, the City will extract at least $2,000 from the private sector for each newly constructed residential housing unit to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). Certifies pursuant to Section 13 of the Transnet Extension Ordinance, that a separate Transportation Improvement Account has been established for Transnet revenues, with earned interest expended only for those purposes for which the funds were allocated. 7. Certifies pursuant to Section 18 of the Transnet Extension Ordinance, each project of $250,000 or more will be cleazly designated during construction with Transnet project funding identification signs. Indemnifies, holds harmless and defends 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. 9. Certifies all applicable provisions of the Transnet Extension Ordinance and SANDAG Boazd Policy 31 have been met. Presented by C-~~~ Richard A. Hop ' s Director of Pu lic Works Approved as to form by --_ , 5 ~v en R. Go gins C~ y Resolution No. 2011-160 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of August 201 I by the following vote: AYES: Councilmembers: Aguilaz, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Bensoussan Cheryl Cox, Ma r ATTEST: i Donna R. Norris, C, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2011-160 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 16th day of August 2011. Executed this 16th day of August 2011. Donna R. Norris, C C, City Clerk