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HomeMy WebLinkAbout18094 - RESOLUTIONS - 5/19/1993 RESOLUTION NO. 18094 OF THE CITY C013NCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUESTING THE: LOCAL AGENCY FORMATION COMMISSION OF RIVERSIDE COUNTY TO INITIATE PROCEEDINGS FOR A CHANGE IN ORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF PALM SPRINGS OF APPROXIMATELY THIRTEEN .AND � ONE-HALF SQUARE MILES OF, AND TO AMEND THE SPHERE OF INFLUENCE OF THE CITY OF PALM SPRINGS TO INCLUDE APPROXIMATELY THREE AND ONE-HALF SQUARE MILES, LOCATED NORTH OF THE EXISTING CITY LIMIT AND IN THE INTERSTATE 10 CORRIDOR.. WHEREAS, the City of Palm Springs desires to initiate proceed- ings pursuant to the Cortese-Knox Local Government Reorganiza- tion Act of 1985, Part 3 of Division 3 of Title 5 of the California Government Code (Sections 56650, et sec . ) , ordering a change of organization to permit annexation to the City of Palm Springs of approximately 13-1/2 square miles located north of` the existing city limit and in the Interstate 10 corridor; and WHEREAS, pursuant to authority granted by Government Code Section 56428, the City may file a written :request for the executive officer of. the Riverside County Local Agency Forma- tion Commission ( "LAFCO") requesting amendment to its sphere of influence; and WHEREAS, this request for a change of organization and amend- ment to the sphere of influence boundaries is occasioned by requests by landowners within the areas to be affected to annex their lands to the City of Palm Springs; and WHEREAS, the City has determined that it will :seek to ef`fectu- at:e the interest of these landowners by way of initiation of proceedings LAFCO. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU19CIL OF THE CITY OF PALM SPRINGS as follows : Section 1. This change of organization proposal is made pursuant to part 3 (commencing with Section 56650) of the Cortese-Knox Local Government Reorganization Act of 1985, as amended, Govern- ment Code Section 56000, et see;;. Section 2 . The nature of the change of organization pro- posal is for annexation of sortie 13-1/2 square miles of territory located to the north of existing City boundaries within the Interstate 10 corridor. Section 3 . A description of the boundaries of the territo- ry affected by the proposed annexation, includ- ing a map depicting those boundaries, are attached hereto as Exhibit "A" , and incorporat- ed herein by reference (herein the "Annexation Area") . Section 4 . A description of the boundaries; of the territo- ry affected by the proposal for expansion of the City' s sphere of influence, including a map depicting those boundaries, are attached hereto as Exhibit "B" , and incorporated herein by reference (herein the "Sphere Area" ) . PS2\159\014094-0001\2047700.1 05/17/93 Section 5. The reasons for the proposed amendment to the sphere of influence are as follows: (a) The property included within the proposed amendment to the sphere of influence is currently devoted to wind energy, industrial, and commercial uses. Under policies of the City of Palm Springs, such uses could be enhanced and continued, furthering beneficial policies of exploring all efficient, alternative sources of energy 1 generation. (b) The probable need for public facilities and services in the area will best be met by the City of Palm Springs, in that the area is located adjacent to the City of Palm Springs. As the largest city in the Coachella Valley, the City of Palm Springs has the present capacity within its public facilities, and the flexibility and the provision of its public services, to effectively serve the area to be included in the sphere of influence. (c) Social or economic communities of interest favor including this area within the City of Palm Springs sphere of influence area, as evidenced by the request of the landowners of a majority of the assessed value in this area to annex the area to the City of Palm Springs. Section 6. It is hereby found and determined the reasons for the proposed change of organization are as follows: (a) The Annexation Area is uninhabited, and the City has received requests from landowners representing more than fifty percent (50%) of the assessed value of the land included within the Annexation Area to initiate proceedings for annexation of the area to the City of Palm Springs; (b) By virtue of all of the reasons supporting the amendment to the sphere of influence, the City of Palm Springs is the appropriate governmental entity for the provision of municipal services to this area. The specifics of the services to be provided are detailed in the Plan for Services filed herewith; and (c) Annexation in the City of Palm Springs will effectuate the policy of the State Legislature as declared in Government Code Section 56001, that a single governmental agency is better able to assess and be accountable for community service needs and financial resources, and therefore is the best mechanism for establishing community services priority. Section 7 . The City proposes that the change of organization be made subject to the following terms and conditions: (a) That pursuant to Government Code Sections 56375 (f) and 56029 (a) , the City of Palm Springs be named conducting authority; (b) That pursuant to Government Code Section 56375 (b) , LAFCO determine that the territory to be annexed is uninhabited; -2- (c) To the extent that the territory proposed to be annexed is the subject of any' liability for payment of all or any part of principal, interest, or other amounts due on account of all or any part of any outstanding bond, other contracts, or obligations, than such obliga- tions be apportioned; and (d) That the annexation be subject to approval of the sphere of influence for all territory proposed to be annexed which is not currently within the sphere of influence of the City of Palm Springs. Section 8 . The City hereby requests that LAFCO undertake proceedings for the proposed change of organi- zation and for the proposed amendment to the sphere of influence pursuant to the Cortese- Knox Local Reorganization Act of 1985, as amended, Government Code Sections 56000, et sea. Section 9 . It is hereby found and determined that, subject to approval, of the amendment to the sphere of influence of the City of Palm Springs, the proposed annexation is consistent with that sphere of influence. Section 10 . The City hereby declares its intention that the annexation proposed herein is the first phase of an annexation program which will eventually propose annexation of all portions of the Sphere Area. Section 11. That those portions of Sphere Area not included within the Annexation Area are inhabited, and there may currently be opposition to ,annex- ation, but the City, through a program of public information and hearings, believes the inhabitants can be persuaded of the advantages of annexation, but City, does not wish to delay annexation of the Annexation Area while: such program is being undertaken. Section 12 . The City Council has, as of this date, by Resolution No. 18093 certified as final an "Environmental impact for Sphere Expan- sion and Annexation Study" , State Clearinghouse No. 91082001, prepared by Smith, Peroni., and Fox, which examines all of the potential sig- nificant environmental effects of the proposed amendment to the City' s sphere: of influence, and the proposed annexation. Said Resolution makes appropriate findings for certification of the EIR and is incorporated herein by refer- ence. Section 13 . The following persons shall be: designated as chief petitioners on the proposal : (a) Rob Parkins, City Manager City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, California 92263 (b) Lloyd Maryanov, Mayor City of Palm Springs (same address as above) V=1591014084-0001UD47700.1 05/17/93 -3- Section 14. The City Clerk is hereby authorized and direct- ed to transmit to the executive officer of LAFCO for filing, a certified copy of this resolution making application, a copy of the plan for providing services attached hereto, and incorporated herein by this reference, and any further data and information which may be required by LAFCO regulation or which may be required by LAFCO or its executive officer pertaining to any of the matters or factors which may be considered by LAFCO in connection with this proposal . ADOPTED this 19th day of May 1993 . AYES: Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Mayor Maryanov NOES: None ABSENT: None ATTEST: CIT OF PALM SPR G CALIFORNIA City/Clerk Cit pager REVIEWED AND APPROVED FS2\159\014094-0001\2047700.1 05/11/93 -4-