HomeMy WebLinkAbout09_002 CC ResolutionRESOLUTION NO. 09-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THAT CERTAIN
AGREEMENT ENTITLED "AGREEMENT FOR THE
INSTALLATION OF TELECOMMUNICATION LINES"
BETWEEN THE PECHANGA BAND OF LUISENO
INDIANS AND CITY OF TEMECULA
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
1. Findings. The City Council hereby finds, determines and declares that:
A. The Pechanga Band of Luiseno Indians (the "Tribe") desires to
install, connect, operate, and maintain certain telecommunication lines and related
equipment ("Facilities") within public streets and rights-of-way located in the City,
principally Pechanga Road.
B. City is the municipal authority having jurisdiction over the streets
and public rights-of-way within its municipal boundaries. City has the right to impose
reasonable permit fees for encroachments and excavations within its streets and public
rights-of-way, provided that those fees are nondiscriminatory and do not exceed the
' reasonable cost of providing the required permitting services.
C. The parties desire to enter into this Agreement in order to clearly
delineate the rights and responsibilities of the parties with respect to Tribe's proposed
installation of its Facilities within the City's public streets and rights-of-way, and with
respect to the City's imposition of reasonable permit fees and other regulations affecting
that proposed installation.
D. The City Council has duly considered all terms and conditions of
this Agreement and finds and determines that the Agreement is in the best interests of
the City and the health, safety, and welfare of their residents, and in accord with the
public purposes and provisions of applicable State and local law requirements.
2. CEQA Findings. The City Council hereby finds that this Agreement is
exempt from the requirements of the California Environmental Quality Act ("CEQA")
pursuant to Title 14 of the California Code of Regulations Section 15061(b)(3) because
it can be seen with certainty that there is no possibility that the proposed Agreement
may have a significant effect on the environment. The proposed facilities are all
underground and will have no impact on the surface facilities or roads under the terms
of the Agreement. Additionally, the Agreement is exempt from the requirements of
CEQA under Public Resources Code Section 21080.21 because the Agreement
' provides for the installation of pipelines of less than one mile in length within a public
street or highway or other public right of way and further provides for the maintenance,
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repair, restoration, reconditioning, relocation, replacement, removal or demolition of said
pipeline.
3. Approval of Installation Agreement. The City Council of the City of
Temecula hereby approves that certain agreement entitled "AGREEMENT FOR THE
INSTALLATION OF TELECOMMUNICATIONS LINES" by and between the Pechanga
Band of Luiseno Indians and City Of Temecula" (the "Agreement"), with such changes
in the Agreement as may be mutually agreed upon by the Tribe and City Manager as
are in substantial conformance with the form of such Agreement on file in the Office of
the City Clerk. The Mayor is hereby authorized to execute the Agreement, on behalf of
the City. A copy of the final Agreement when executed by the Mayor shall be placed on
file in the Office of the City Clerk.
4. City Manager's Authority. The City Manager (or his
designee), is hereby authorized, on behalf of the City, to take all actions necessary and
convenient to carry out and implement the Agreement, and to administer the City's
obligations, responsibilities and duties to be performed under the said Agreement.,
including but not limited to, approval and execution on behalf of the City of the such
implementing agreements, acceptances, certificates, estoppel letters, implementing
agreements and other similar agreements and documents as contemplated by or
described in the Agreement or as necessary and convenient to implement the
Agreement.
5. Certification. The City Clerk shall certify the adoption of this
Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this
13th day of January, 2009.
ATTEST:
Susan. ones, MMC
City CI rk
[SEAL]
Maryann Edwards, Mayor
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' STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 09-02 was duly and regularly adopted by the City Council of
the City of Temecula at a regular meeting thereof held on the 13th day of January, 2009,
by the following vote:
AYES:
4
BOARD MEMBERS:
Comerchero, Naggar, Roberts, Edwards
NOES:
0
BOARD MEMBERS:
None
ABSENT:
1
BOARD MEMBERS:
Washington
ABSTAIN:
0
BOARD MEMBERS:
None
Susan . Jone,MMC
City C rk
'
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