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HomeMy WebLinkAbout17-43 CC Resolution RESOLUTION NO. 17-43 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF ELECTRICAL AND TELECOMMUNICATION LINES IN PUBLIC RIGHT OF WAY ON PECHANGA PARKWAY BETWEEN THE CITY OF TEMECULA AND THE PECHANGA BAND OF LUISENO INDIANS AND FINDING THE CITY'S ACTION EXEMPT FROM CEQA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Approval of Agreement. The City Council hereby approves that certain agreement entitled "Agreement for the Installation and Maintenance of Electrical and Telecommunication Lines in Public Right of Way" ("Agreement") between the City of Temecula ("City') and Pechanga Band of Luiseno Indians, a federally-recognized Indian tribe ("Tribe"), and authorizes the Mayor to execute the Agreement on behalf of the City in the form presented to the City Council with such non-substantive changes as may be approved by the City Attorney as necessary and convenient to implement the purposes of the Agreement. ' Section 2. City Manager Authority. The City Manager is authorized and directed to take all actions necessary and convenient to implement the Agreement and to enter into such additional agreements as may be necessary and convenient to implement the agreements, including but not limited to, executing operating memoranda and agreements, certifications, escrow, amendments to the Agreement, and similar agreements and actions. Section 3. CEQA. In accordance with the California Environmental Quality Act (CEQA), the City's approval of the Agreement is exempt from CEQA and further environmental review and a Notice of Exemption will be filed in compliance with CEQA under Section 15061(b)(3) of the CEQA Guidelines. The Agreement provides for the addition of an electrical line in the same location as an existing telecommunications line that has been in place since February 2009. The proposed electrical line is designed to assist in the integration of the electrical systems of the Tribal Lands and Tribal Government Center easterly of Pechanga Parkway with the Pechanga Resort and Casino and its recently approved expansion. The electrical loads for the electrical systems of the Tribal Lands and Tribal Government Center easterly of Pechanga Parkway and the Pechanga Resort and Casino and its recently approved expansion will not be increased by the installation of the lines approved by this Agreement. The recently approved expansion of the Pechanga Resort and Casino was approved following the certification of a Tribal Environmental Impact Report for the project prepared in accordance with the ' Tribal Compact between the Tribe and the State of California. The Agreement does not approve any facilities for the generation of electricity and does not authorize the Resos 17-43 1 construction of any structures or facilities for the generation of electricity. As such, there is no possibility that the Agreement will have a significant effect on the environment. Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of July, 2017. Maryann Edwards, Mayor ATTEST: Randi Johl, i y Clerk [SEAL] 1 1 Resos 17-43 2 STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 17-43 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25'" day of July, 2017, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Rahn, Stewart, Edwards NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 1 Resos 17-43 3