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HomeMy WebLinkAboutReso 2008-110 RESOLUTION NO. 2008-110 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF CERTAIN PROJECTS FOR THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM TO THE SAN DIEGO ASSOCIATON OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 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 (04-01) extension (Extension Ordinance); and WHEREAS, the Ordinance and the Extension Ordinance provide that the San Diego Association of Govemments (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, every two years, SANDAG updates the Regional Transportation Improvement Plan (RTIP) and releases new funding projections for the cities within San Diego County; and WHEREAS, on March 18, 2008, pursuant to Ordinances No. 3106 through No. 3110, the City Council adopted the Western Chula Vista Transportation Development Fee (WTDIF) at a rate of $3,243 per Equivalent Development Unit; and WHEREAS, on January 25, 2005, pursuant to Resolution No. 2005-014, the City Council adopted the City's Bikeway Master Plan; and WHEREAS, in January 2008, SANDAG staff acknowledged this Plan as complete, consistent with the 2030 Regional Transportation Plan, and coordinated with other jurisdictions; 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 Resolution No. 2008-110 Page 2 WHEREAS, on February 8, 2008, the SANDAG Executive Committee considered a proposed amendment to SANDAG Board Policy 31 to establish guidelines for the implementation of Section 4.E.3 of the Extension Ordinance (Rule 20 Amendment); and WHEREAS, staff believes that the Rule 20 Amendment was adopted by the SANDAG Board based on conversations with SANDAG staff; and WHEREAS, the Rule 20 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, the Rule 20 Amendment also lists the circumstances when provisions for bicyclists and pedestrians may be excluded; and WHEREAS, the Rule 20 Amendment states that a new project or major reconstruction project may not include the expected bikeway treatment when a suitable parallel route with the appropriate accommodations exists that would require no more than V,-mile total out of direction travel; and WHEREAS, the Rule 20 Amendment states that sidewalks or other walkways may be excluded from a project when it can be demonstrated that there are no uses (including bus stops) that would create demand for pedestrian access and that in making this determination, the agency must consider the potential for future demand within the useful life of the project; and WHEREAS, the Rule 20 Amendment states that an agency is not required to acquire additional right-of-way to improve bicycle and pedestrian access; and WHEREAS, the Rule 20 Amendment states that the provision of sidewalks for major rehabilitation projects involving only new pavement overlays of one-inch thickness or greater would only be required if curb, gutter, and related drainage facilities were already in place; and WHEREAS, the Rule 20 Amendment states that the agency may consider context, cost, probable use, and severe topographic or biological constraints in its decision not to provide provisions for bicyclists and pedestrians; and WHEREAS, the Rule 20 Amendment states that the procedure for excluding accommodations for pedestrians and bicyclists includes the agency notifYing SANDAG that bicycle and/or pedestrian facilities will not be included in the project along with written justification for that decision; and WHEREAS, the Rule 20 Amendment states that the decision to exclude accommodations for bicyclists and pedestrians must be made in the public hearing required by Section 5.A of the Extension Ordinance; and i --1 Resolution No. 2008-110 Page 3 WHEREAS, the proposed list of projects to be funded by TRANSNET during fiscal years 2008/2009 through 2012/2013 is consistent with the City's existing Capital Improvement Program (CIP) and the proposed changes to the CIP for fiscal year 2008/2009; and WHEREAS, the streets included in the Major Pavement Rehabilitation Program are chosen from the list which was compiled on the basis of the City's Pavement Management System; and WHEREAS, the City Council held a Public Hearing on April 22, 2008, as required by Section 5.A of the Extension Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: I. That it approves the submittal of certain projects for the TRANSNET Local Street Improvement Program to the San Diego Association of Governments for inclusion in the Regional Transportation Improvement Program for fiscal years 2008/2009 through 2012/2013. 2. That it certifies that pursuant to Section 2.C ofthe Extension Ordinance, no more than 30 percent of its annual TRANSNET revenues shall be spent on maintenance-related projects. 3. That it certifies that, pursuant to Section 8 of the 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. 4. That it certifies that, 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. 5. That it certifies that, pursuant to Section 13 of the Extension Ordinance, a separate Transportation Improvement Account has been established, with earned interest expended only for those purposes for which the funds were allocated. 6. That it certifies that, pursuant to Section 18 of the Extension Ordinance, each project of $250,000 or more will be clearly designated during construction with TRANSNET project funding identification signs. 7. That the City will 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. Resolution No. 2008-110 Page 4 8. That it certifies that, pursuant to Section 4.E.3 of the Extension Ordinance, all new projects, or major reconstruction projects, funded by TRANSNET revenues shall accommodate travel by pedestrians and bicyclists with the following exceptions, along with the accompanying justification: A. The North Broadway Reconstruction project (STM354) qualifies as a major reconstruction project under the Rule 20 Amendment. Staff intends to exclude the bikeway treatment in the North Broadway Reconstruction project because a parallel route with appropriate accommodations exists on Fifth Avenue that would require no more than Y.-mile total out of direction traveL The parallel route on Fifth Avenue is included in the Bikeway Master Plan. B. Because the new overlay project on Main Street from the west I-80S inter- change to Oleander A venue will be over one inch thick, the project qualifies as a major rehabilitation project under the Rule 20 Amendment. Staff intends to exclude the bikeway treatment on Main Street from the west I-80S interchange to Oleander Avenue because Main Street, which is currently designated as a Class 3 bike route in the Bikeway Master Plan, crosses the freeway and there is insufficient lane width for a Class 2 bike lane. Staff intends to consider additional bicycle facilities in conjunction with future interchange improvements. C. Because the new overlay proj ect on the north side of East H Street between Terra Nova Drive and Del Rey Boulevard will be over one inch thick, the project qualifies as a major rehabilitation project under the Rule 20 Amendment. Staff intends to exclude sidewalks on the north side of East H Street between Terra Nova Drive and Del Rey Boulevard for the following reasons: (I) due to its location adjacent to the City's Multiple Species Conservation Program area, there are severe topographic and biological constraints; (2) there is insufficient right-of-way; and (3) there is no development adjacent to the project so there is no demand for pedestrian access or the potential for future demand for pedestrian access. D. Because the new overlay project on Wueste Road between Otay Lakes Road and Lake Crest Drive will be over one inch thick, the project qualifies as a major rehabilitation project under the Rule 20 Amendment. Staff intends to exclude sidewalks on Wueste Road between Otay Lakes Road and Lake Crest Drive for the following reasons: (I) it is a two-lane road without existing curb, gutter and drainage facilities; and (2) there is no development adjacent to the project so there is no demand for pedestrian access or the potential for future demand for pedestrian access. Resolution No. 2008-110 Page 5 E. Because the new overlay project on Broadway from Faivre Street to Beyer Boulevard will be over one inch thick, the project qualifies as a major rehabilitation project under the Rule 20 Amendment. Staff intends to exclude sidewalks on Broadway from Faivre Street to Beyer Boulevard for the following reasons: (I) it is a two-lane road without existing curb, gutter and drainage facilities; (2) there are only industrial facilities adjacent to the project and these uses do not create a demand for pedestrian access or the potential for future demand for pedestrian access; and (3) it is currently being maintained as a Class 3 bike route in accordance with the City's Bikeway Master Plan. 9. That it certifies that all applicable provisions of the Ordinance, the Extension Ordinance, and SANDAG Board Policy 31 have been met. Presented by Approved as to form by ~l~\\l~~~ Ann Moore City Attorney Resolution No. 2008-110 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of April 2008 by the following vote: AYES: Councilmembers: Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Counci1members: Castaneda ABSTAIN: Councilmembers: McCann ATTEST: ~ Cheryl Cox, y:;U ~L Ie ~J>,\Jo Donna R. Norris, C;lnterim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2008-110 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22nd day of April 2008. Executed this 22nd day of April 2008. d~ f ~Mv0 Donna R. Norris, CMC, Interim City Clerk