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Home My WebLink AboutReso 2010-051RESOLUTION NO. 2010-051 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO PROJECT CHV48, PAVEMENT MAJOR REHABILITATION, TO 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 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS TO CONDUCT A FUND SWAP FROM TRANSNET FUNDS TO AMERICAN RECOVERY AND REINVESTMENT 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, in January 2009, the City of Chula Vista was provided with an estimate of annual Transnet local street improvement revenues for fiscal yeazs 2009 through 2013; and WHEREAS, on March 18, 2008, pursuant to Ordinance No's. 3106 through 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 aze 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. 2010-051 Page 2 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, staff has determined that no exclusions aze required under Rule 21 for the projects proposed to be added to the Regional Transportation Improvement Program (RTIP); and WHEREAS, the San Diego region may be eligible for the second round of Federal American Recovery and Reinvestment Act (ARRA - II) funds and project CHV 48, Pavement Major Rehabilitation, is currently funded with TransNet funds but a fund swap of up to an estimated $11.8 million in ARRA - II funds could be used on this project if made available and is consistent with the City's RTIP project CHV48; and WHEREAS, the City Council of the City of Chula Vista has held a noticed Public Hearing on Mazch 2, 2010, with an agenda item that clearly identified the proposed list of projects prior to approval of the projects in accordance with, by Section 5(A) of the Extension Ordinance, and Rule 7 of SANDAG Board Policy 31. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Approves part B of the July 2009 Amendment to 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 2008/2009 through 2012/2013. The City's proposed Major Pavement Rehabilitation project list of streets is shown on Exhibit B. 2. Certifies pursuant to Section 2(C)(1) of the Transnet Extension Ordinance, no more than 30 percent of its annual Transnet 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 the requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Chula Vista's public heazing process. 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-yeaz period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG. Resolution No. 2010-051 Page 3 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). 6. Certifies pursuant to Section 13 of the Transnet Extension Ordinance, a sepazate 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 clearly designated during construction with Transnet project funding identification signs. 8. 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 Ordinance, the Extension Ordinance, and SANDAG Boazd Policy 31 have been met. Presented by Richazd A. pk' Director of Pub c Works Approved as to form Resolution No. 2010-051 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 2nd day of Mazch 2010 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, M or ATTEST: ~~ ,e .~~ Donna R. Noms, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2010-051 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 2nd day of Mazch 2010. Executed this 2nd day of Mazch 2010. ~~. ~ ~~~~ Donna R. 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