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Home My WebLink About04-068 CC Resolution I I I RESOLUTION NO. 04-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2005-09 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2004-2005 WHEREAS, the City of Temecula requires public infrastructure improvements in the areas of streets, highways, transportation facilities, parks, recreational facilities and public buildings and facilities; and WHEREAS, the careful timing of the installation of such improvements is necessary so as to best serve the public health, safety and welfare; and WHEREAS, in order to prioritize these public infrastructure and improvements, a Capital Improvement Program is necessary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Capital Improvement Program FY 2005-09 is hereby approved and a copy of this program will be kept on file in the City Clerk's office. Section 2. Adoption of this Program is categorically exempt from environmental review under the Califomia Environmental Quality Act (CEQA). Pursuant to Section 15262 of the State Guidelines for Implementation of CEQA, a project involving only feasibility or planning studies for possible future actions, which actions the City Council has not approved, adopted or funded, does not require preparation of an EIR or Negative Declaration, but Çoes require consideration of environmental factors. In reviewing this Program and conducting public hearings on it, the City Council has considered relevant environmental factors. This City Council, as the lead agency for environmental review pursuant to the California Environmental Quality Act and the Guidelines promulgated thereunder (collectively "CEQA") has reviewed the scope and nature of this Capital Improvement Program and has concluded that the planning and prioritization process comprising this activity is not a project pursuant to CEQA because it does not order or authorize the commencement of any physical or other activity that would, directly or indirectly, have a significant effect upon the environment. The Capital Improvement Program merely establishes a listing of priority and allocates funds for the City to commence the necessary planning studies, including review pursuant to CEQA, at a future, unspecified date. The future planning studies will be conducted at the earliest possible time, so as to ensure thorough review pursuant to CEQA. Recognizing that the protection of the environment is a key factor in the quality of life within the City of Temecula, and to further the City's strict adherence to both the spirit and letter of the law as regards CEQA, this City Council has also considered this Capital Improvement Program as if it were a Project pursuant to CEQA. Reviewing this Program as a Project, this City Council concludes that the Project would be exempt from review under CEQA both pursuant to Section 15061(b)(3) and pursuant to the categorical exemption set forth in Section 15262 of CEQA. Section 15061 (b)(3) would apply because it can be seen with certainty that this prioritizing and fund allocation program, cannot and does not have the potential to cause a significant effect on the environment. No physical activity will occur until all required CEQA review is conducted at R:/Resos 2004/Reso 04-68 I I I the time the physical improvements prioritized in the Program are undertaken. Section 15262 provides a categorical exemption to actions that are feasibility or planning studies related to possible future actions. This Council is aware of and has considered the current and relevant environmental factors as an integral component of the review of this Program. This Council, as lead agency, hereby determines and decides that the exemption provided by both Section 15061 (b)(3) and 15262 apply in the event this is deemed a Project pursuant to CEQA. Section 3. That certain document now on file in the office of the City Clerk of the City of Temecula entitled "City of Temecula Capital Improvement Program FY 2005-09" included herein appropriations for FY 2004-05 is hereby adopted. The CIP appropriations for the 2003- 2004 Fiscal Year which have not been completed, encumbered, nor included in the FY 2004-08 CIP are hereby carried over for each applicable project to the Fiscal Year 2004-2005. Certain Development Impact Fees from future revenue may be used to replace the expenditure of current capital reserve funds in the CIP. Section 4. On June 2, 2004 the Planning Commission found the Capital Improvement Program consistent with the General Plan in accordance with Government Code Section 65404(c) of State Planning and Zoning Law. Section 5. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The City Manager may authorize expenditures of funds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires City Council action. C. The City Manager may approve change orders on Public Works contracts in amounts up to $25,000, if sufficient appropriated funds are available. The City Manager may authorize transfers of up to $25,000 between approved Capital Improvement Program projects. Notwithstanding Section 5B, pursuant to Section 3.13.080 of the Municipal Code, the City Manager may authorize Public Works contracts in amounts up to $25,000. Any expenditures of Public Works funds in excess of $25,000 require City Council action, except that the City Manager may approve change orders on Public Works contracts approved by the Council in amounts up to project contingency established by Council. D. E. Section 6. The City Clerk shall certify the adoption of this resolution. R:/Resos 20O4/Reso 04-68 I PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 8th day of June, 2004. ,?-,#:-- " . - / .'- AT;fEST: ;' . , // [SEAl] '-,~:- STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Resolution No. 04-68 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8th day of June, 2004, by the following vote: AYES: 4 NOES: 0 ABSENT: ABSTAIN: 0 I R:/Resos 20O4/Reso 04-68 COUNCILMEMBERS: Comerchero, Roberts, Stone, Naggar COUNCILMEMBERS: None COUNCILMEMBERS: Washington COUNCILMEMBERS: None