HomeMy WebLinkAbout11-046 CC Resolution RESOLUTION NO. 11-46
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPROVING THE CAPITAL
IMPROVEMENT PROGRAM FY 2012-16 AND
ADOPTING THE CAPITAL IMPROVEMENT BUDGET
FOR FY 2011-2012
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. 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 onfy 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 there under (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 to 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 the Project would be exempt from review under
CEQA, both pursuant to Section 15061(b)(3) and 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 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 in both Sections 15061(b)(3) and 15262 apply in the event this is deemed a
Project pursuant to CEQA.
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Section 2. On May 18, 2011, the Planning Commission found the Capital
Improvement Program consistent with the General Plan in accordance with Government
Code Section 65401 of State Planning and Zoning Law.
Section 3. The City Council hereby finds and declares that the requirements of
Government Code Section 65402(a) shall not apply to: (1) the disposition of the
remainder of a larger parcel which was acquired . and used in part for street purposes;
(2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment
projects, provided such dispositions for street purposes, acquisition, dispositions, or
abandonments for street widening, or alignment projects are of a minor nature.
Section 4. The City Council hereby finds that the acquisition of land necessary
for the City of Temecula Capital Improvement Program FY 2012-16 is consistent with
the General Plan.
Section 5: That certain a document now on file in the office of the City Clerk of
the City of Temecula, entitled "City of Temecula Capital Improvement Program FY
2012-16" included herein, are appropriations for FY 2011-12, and are hereby adopted.
The CIP appropriations for the FY 2010-11 which have not been completed,
encumbered, nor included in the FY 2012-16 CIP, are hereby carried over for each
applicable project to the FY 2011-12. Certain Development Impact Fees from future
revenue may be used to replace the expenditure of current capital reserve funds in the
CIP.
Section 6. Council Member Edwards did not participate in the discussion
concerning the Old Town Gym and Murrieta Creek Improvements projects because her
employer, the Boys and Girls Club, is located within 500 feet of these projects and they
are likely to affect her employer and its property. Council Member Edwards hereby
abstains in the approval of this Resolution as such approval relates to the Old Town
Gym and Murrieta Creek Improvements projects. Council Member Naggar did not
participate in the discussion concerning the Inclusive Play Structure at Patricia H
Birdsall Sports Park, the Great Oak High School Tennis Court Lighting, and the study of
the Medians and the Ornamental Pedestrian Barriers on Deer Hollow between Birdsall
Park and Great Oak High School projects because he has an interest in real property
within 500 feet of the boundaries of these projects and they are likely to affect this
property. Council Member Naggar hereby abstains in the approval of this Resolution as
such approval relates to the Inclusive Play Structure at Patricia H Birdsall Sports Park,
the Great Oak High School Tennis Court Lighting, and the study of the Medians and the
Ornamental Pedestrian Barriers on Deer Hollow between Birdsall Park and Great Oak
Higli�School projects.
Section 7. That the following controls are hereby placed on the use and
transfers of budget appropriations:
A. No expenditures of funds shall be made unless there is an
unencumbered appropriation available to cover the expenditure.
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B. The City Manager may authorize expenditures of funds in amounts
up to $30,000. Any expenditure of funds in excess of $30,000
requires City Council action.
C. The City Manager may approve change orders on Public Works
contracts in amounts up to $30,000, if sufficient appropriated funds
are available.
D. The City Manager may authorize transfers up to $30,000 between
approved Capital Improvement Program projects.
E. Notwithstanding Section 4.B. above, pursuant to Section 3.32.050
of the Municipal Code, the City Manager may authorize Public
Works contracts in amounts up to $30,000. Any expenditures of
Public Works funds in excess of $30,000 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.
Section 8. 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 14th day of June, 2011.
Ron Roberts, Mayor
ATTEST:
Susan . Jones, MC
City CI rk
[SEAL]
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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. 11-46 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 14th day of June, 2011, by the
following vote:
AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Naggar,
Washington
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Roberts
ABSTAIN: 0 COUNCIL MEMBERS: None
Susan : Jones, MMC
City Clerk
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