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Res 19-010RESOLUTION NO. 19-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING AN AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2018/2019 THROUGH 2022/2023 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); WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve on a biennial basis a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; WHEREAS, the City of Poway was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2019 through 2023; WHEREAS, the City of Poway approved its 2018 TransNet Local Street Improvement Program of Projects (POP) on May 15, 2018 and the City of Poway desires to make an amendment to its POP; and WHEREAS, the City of Poway has held a noticed public hearing with an agenda item that clearly identified the proposed amendment prior to approval of the projects by its authorized legislative body 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: The City of Poway requests that SANDAG make the following changes to its 2018 POP (the "Amendment"). Section 2: Pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of Poway certifies that no more than 30 percent of its cumulative revenues shall be spent on local street and road maintenance -related projects as a result of the Amendment. Section 3: Pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Poway certifies that all new or changed projects, or major reconstruction projects included in the Amendment and funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance as proposed was clearly noticed as part of the City of Poway's public hearing process for the Amendment. Section 4: The City of Poway does hereby certify that all applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met. Section 5: The City of Poway continues to agree 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 City of Poway's TransNetfunded projects. Resolution No. 19-010 Page 2 Section 6: The City of Poway will adopt the amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2018/2019 through 2022/2023. Section 7: The City of Poway will amend the FY 2018/2019 Capital Improvement Project Budget to appropriate a portion of the unused TransNet cash balance. Section 8: The City of Poway will amend the FY 2018/2019 Operating Budget to appropriate a portion of the unused TransNet cash balance and to reflect the change in projected TransNet revenue. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 19th day of February 2019. c � � Steve Vaus, Mayor ATTEST: A. Kay V son, Interim City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, A. Kay Vinson, Interim City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 19-010 was duly adopted by the City Council at a meeting of said City Council held on the 19th day of February 2019, and that it was so adopted by the following vote: AYES: MULLIN, LEONARD, FRANK, GROSCH, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE A'Kay isson, terim City Clerk City of Poway