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HomeMy WebLinkAbout04-08 RDA Resolution I I I RESOLUTION NO. RDA 04-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2005-09 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2004-05 WHEREAS, the Board of Directors of the Redevelopment Agency of the City of Temecula has reviewed the proposed FY 2005-09 Capital Improvement Program and has held such public meetings as are necessary prior to adopting the Capital Improvement Budget for FY 2004-05. 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, Capital Improvement Program is necessary; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Capital Improvement Program FY 2005-09 is hereby approved. A copy of the FY 2005-09 Program is attached hereto as Exhibit "A" and will be kept on file in the office of the City Clerk. Section 2. Adoption of this Program is categorically exempt from environmental review under the California 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 does 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 R:/RDA Resas 20O4/RDA Rese 04-08 I I I 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 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 2002- 2003 Fiscal Year which have not been completed, encumbered nor included in the FY 2005- 2009 CIP are hereby carried over for each applicable project to the Fiscal Year 2004-2005. 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 Board of Directors action. C. The City Manager may approve change orders on Redevelopment Agency contracts in amounts up to $25,000, if sufficient appropriated funds are available. D. That the City Manager may authorize transfers of up to $25,000 between approved Capital Improvement Program projects. E. Notwithstanding Section 5B, pursuant to Section 3.13.080 of the Municipal Code, the City Manager may authorize Redevelopment Agency contracts in amounts up to $25,000. Any expenditures of Redevelopment Agency funds in excess of $25,000 require City Council action, except that the City Manager may approve change orders on Redevelopment Agency contracts approved by the Board of Directors in amounts up to project contingency established by Board of Directors. Section 6. Councilmember Stone abstains with respect to projects within the Old Town area due to property ownership in Old Town Temecula. Section 7. Certification. The City Clerk shall certify the adoption of this resolution. R:/RDA Resos 20O4/RDA Reso 04-08 I I I PASSED, APPROVED AND ADOPTED, by the Board of Directors of the City of Temecula at a regular meeting held on the 8th day of June, 2004. ATTEST: STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Susan W. Jones, City Clerk/Agency Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 04-08 was duly and regularly adopted by the Board of Directors of the Redevelopment Agency 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 COUNCILMEMBERS: Naggar, Roberts, Stone, Comerchero COUNCILMEMBERS: None COUNCILMEMBERS: Washington COUNCILMEMBERS: None R:/RDA Resas 20O4/RDA Rese 04-08