HomeMy WebLinkAbout22352 - RESOLUTIONS - 10/1/2008 RESOLUTION NO. 22352
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING AN
AMENDMENT TO THE RIVERSIDE COUNTY
TRANSPORTATION COMMISSION EXPENDITURE PLAN
AND RETAIL TRANSACTION AND USE TAX ORDINANCE,
ORDINANCE NO. 88-1.
WHEREAS, the Riverside County Transportation Commission Transportation
Expenditure Plan and Retail Transaction and Use Tax Ordinance, Ordinance No. 88-1
("Measure A") was approved by 78.9% of the voters in Riverside County in November of
1988; and
WHEREAS, the purpose of Measure A is to help relieve traffic congestion, increase
safety, improve air quality, provide funds to match developers' fees and State and local
moneys for transportation and plan adequately for traffic by providing essential
countywide transportation improvements; and
WHEREAS, the Transportation Expenditure Plan, also referred to as the Transportation
Improvement Plan ("TIP"), was attached as Exhibit B to Measure A and was
incorporated therein by reference; and
WHEREAS, the TIP identifies State Highway 111 from Ramon Road to Indio Boulevard
as one of the projects in the Coachella Valley for which Measure A State highway and
major regional road project funds are to be appropriated and expended ("Measure A
Highway Funds"), and a map depicting the then-current Highway 111 designation
between Ramon Road to Indio Boulevard (the "Original Alignment") was part of the TIP;
and
WHEREAS, since the passage of Measure A, the designation of Highway 111 has been
changed as portions of the Original Alignment have been relinquished by the State and
are now maintained by local jurisdictions, and additionally, Highway 111 was realigned
in the City of Palm Springs and now is located on Vista Chino between N. Palm Canyon
Drive and Gene Autry Trail, as well as the segment of Gene Autry Trail from Vista Chino
to E. Palm Canyon Drive; and
WHEREAS, changes to the alignment of Highway 111 have raised questions regarding
the eligibility of segments relinquished by the State to local agencies for Measure A
Highway Funds, and furthermore, additional segments of Highway 111 not included in
the Original Alignment have been requested to be eligible for receipt of Measure A
funds; and
Resolution No. 22352
Page 2
WHEREAS, pursuant to California Public Utilities Cade Section 240302(d), the TIP may
only be amended by the following process:
(1) Initiation of amendment by the commission, reciting findings of necessity for the
amendment.
(2) Approval by the board of supervisors.
(3) Approval by a majority of the cities constituting a majority of the incorporated
population; and
WHEREAS, the changes to the designation of Highway 111 have created the necessity
for the adoption of this amendment to the TIP, as the TIP is no longer current as applies
to Highway 111, and furthermore, in order for Measure A Highway Funds to be
effectively expended to carry out the voter intent for highway and roadway
improvements an amendment to the TIP is necessary; and
WHEREAS, at its meeting on September 10, 2008, the Board of Directors of the
Riverside County Transportation Commission ("Commission Board") adopted a
resolution initiating an amendment to the TIP, including the required findings of
necessity for the amendment; and
WHEREAS, the City Council of the City of Palm Springs ("City Council") has considered
the proposed amendment, and approves said amendment to the TIP; and
WHEREAS, Public Utilities Code Section 240302, under which Measure A and the TIP
were adopted, states that generated tax revenues may be expended "for the planning,
environmental reviews, engineering and design costs, and related right-of-way
acquisition"; and
WHEREAS, the TIP states that the "scope of highway and commuter rail projects to be
implemented is to be determined through required environmental analysis and full
consideration of alternatives" including "public participation during the environmental
analysis process"; and
WHEREAS, the amendment to the TIP does not approve construction of any
transportation improvements, but amends the TIP to reflect current conditions in the
Coachella Valley; and
WHEREAS, under California Cade of Regulations, Title 14, Section 15378(b)(4), the
amendment of the TIP is not a "project' subject to environmental review under the
California Environmental Quality Act ("CEQA") because the amendment merely creates
a government funding mechanism and does not commit RCTC to a specific project; and
Resolution No. 22352
Page 3
WHEREAS, under California Code of Regulations, Title 14, Section 15004, the
amendment of the TIP is not subject to CEOA because RCTC lacks enough information
about the transportation improvements to conduct meaningful environmental review at
this time; and
WHEREAS, pursuant to the TIP, all appropriate environmental review will be completed
prior to any future approval of a specific transportation improvement.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Incorporation of Recitals. The Recitals set forth above are true and correct
and are incorporated into this Resolution by reference as though fully set forth herein.
Section 2. Approval of Amendment to the TIP. The City Council hereby approves the
following amendment to the TIP, as initiated by the Commission Board:
A. Inclusion of Segments to Coachella Valley Portion of TIP. That portion of the
TIP entitled "Coachella Valley". Section 1, entitled "State Highways and Major
Regional Road Project" of the aforementioned portion of the TIP, located on
Page 183-07 of Measure A, shall be amended to include the segments of
highway, and/or roadway described below and as shown on the map attached
hereto as Exhibit "A" and incorporated herein by reference. The total amount of
funding allocated to the Coachella Valley shall not be changed.
1. In Palm Springs, from the intersection of East Palm Canyon Drive and
Gene Autry Trail, north on Gene Autry Trail to Vista Chino, thence west on
Vista Chino to North Palm Canyon Drive, thence northerly on the existing
Highway 111 alignment to Interstate 10;
2. In Indio, from the crossing of Golf Center Parkway over Indio Boulevard,
northerly on Golf Center Parkway to Interstate 10; and
3. In Indio, from the intersection of Highway 111 and Indio Boulevard,
southeasterly on Indio Boulevard and Grapefruit Boulevard, the existing
and former Highway 111 alignment, through the City of Coachella and
Riverside County to the intersection of State Route 195 (Avenue 66).
B. Revision to Map Included as Part of TIP. The map attached as part of the TIP
shall be amended to include those segments of highway and/or roadway as
shown in the map attached to this Resolution as Exhibit "A".
Section 3. Approval of Findings. The City Council hereby approves the findings of the
Commission Board related to the adoption of the amendment to the TIP.
I
Resolution No. 22352
Page 4
Section 4. Effective Date. This Resolution shall be effective on the date of its adoption.
Notwithstanding the foregoing, the amendment to the TIP set forth herein shall not be
effective unless and until approved by the Board of Supervisors of Riverside County,
and a majority of the Cities within Riverside County.
Section 5. Notice of Exemption. The City Council hereby finds that adoption of this
Resolution is not subject to CEQA and authorizes and directs City staff to file a Notice of
Exemption with the County Clerk of Riverside County and the State Clearinghouse
within five (5) days following adoption of this Resolution.
ADOPTED THIS 1 st day of October, 2008.
David H. Ready, C_ity-kt;rn`ager
ATTEST;
?meZs Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
1, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22352 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 15t day of October, 2008,
by the following vote:
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ames Thompson, City Clerk
City of Palm Springs, California I