Loading...
HomeMy WebLinkAboutRes 08-100 Amend Limits of Hwy 111 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Adopt Resolution to Amend the Limits of Highway 111 for Purposes of Eligibility for Measure A Expenditures SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Riverside County Transportation Commission P.O. Box 12008 Riverside, CA 92502-2208 DATE: November 20, 2008 CONTENTS: Resolution Letter from RCTC Exhibit A—vicinity map Notice of Exemption (CEQA) to be filed after adoption of resolution Recommendation: Adopt resolution 08- �oo , approving an amendment to the Riverside County Transportation Commission Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance (Ordinance No. 88-1) ("Measure A"). Summary: The Riverside County Transportation Commission (RCTC) has amended the limits of Highway 111 for the purposes of expenditure eligibility of Measure A funds. In order to finalize this amendment, affected jurisdictions must adopt the amended limits. Discussion: The Riverside County Transportation Commission recently adopted a resolution initiating an amendment to the Expenditure Plan and Retail Transaction and Use Tax Ordinance (Ordinance No. 88-1) ("Measure A") Transportation Improvement Plan (TIP). Following such action, it was determined that one of the descriptions for the new segments to be included within the Coachella Valley portion of the TIP was incomplete. Specifically, the description provided in Section 2(A)(1) of Adopt Resolution Amending Hwy 111 Limits for Measure A Page 2 of 2 November 20, 2008 the resolution inadvertently left out the segment of Gene Autry Trail between East Palm Canyon Drive and Ramon Road. Therefore, a revised resolution was adopted by RCTC on October 8, 2008. In order for the amendment to the TIP to become effective, the Board of Supervisors of Riverside County and a majority of the cities within Riverside County constituting a majority of the incorporated population must approve the proposed amendment. Therefore, RCTC asks, and staff recommends, that the Palm Desert City Council support the revised amendment to the TIP by adopting Resolution No. 08- loo . Fiscal Impact: There is no fiscal impact to the City of Palm Desert. Prepared By: Department He d: ✓��ti.�, 0� Debra Lee Mark Gre nwood, P.E. Management Analyst Director of Public Works Approval: � �� r''�f ��� Homer Croy Carlos L. ega ACM for De ment Services City Manager CIT�.' �OU',tiCIL AC;` IC�N: APPt��V�U � DENI�D RECETS�u37 OTHER /dhl , 1`�EE�'��;C� L�"�'i:�� A�.'�S: ` �IOES• �1�SENT• a�.�/✓'� ABSTAIN: VERIFIED BY: �riginal on File with C y Clerk'� Office RESOLUTION NO. 08-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING AN AMENDMENT TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION TRANSPORTATION EXPENDITURE PLAN AND RETAIL TRANSACTION AND USE TAX ORDINANCE (ORDINANCE NO. 88-1) WHEREAS, the Riverside County Transpartation Commission Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance, Ordinance No. 88-1 ("Measure A") was approved by 78.9 percent of the voters in Riverside County in November of 1988. 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. 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. 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"). A map depicting the then-current Highway 111 designation between Ramon Road to Indio Boulevard (the "Original Alignment")was part of the TIP. 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. Additionally, Highway 111 was realigned in the city of Palm Springs and now is located on Vista Chino Drive between Indian Canyon Drive and Gene Autry Trail, as well as the segment of Gene Autry Trail from Vista Chino Drive to East Palm Canyon Drive. 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. Furthermore, additional segments of Highway 111 not included in the Original Alignment have been requested to be eligible for receipt of Measure A Highway Funds. WHEREAS, pursuant to California Public Utilities Code Section 240302(d), the TIP may only be amended by the following process: (1) Initiation of amendment by the commission, reciting findings of necessity far the amendment. (2) Approval by the board of supervisors. (3) Approval by a majority of the cities constituting a majority of the incorporated population. Resoiution No. 08-100 WHEREAS, the changes to the designation of Highway 111 have created the necessity for the adoption of an amendment to the TIP, as the TIP is no longer current as applies to Highway 111. 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. WHEREAS, at its meeting on October 8, 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. WHEREAS, the City Council of the City of Palm Desert ("City Council") has considered the proposed amendment, and approves said amendment to the TIP. 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." 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." 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. WHEREAS, under California Code 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 is not a commitment to any specific project. WHEREAS, under California Code of Regulations, title 14, section 15004, the amendment of the TIP is not subject to CEQA because there is insufficient information about the transportation improvements to conduct meaningful environmental review at this time. WHEREAS, pursuant to the TIP, all appropriate environmental review will be completed prior to any future approval of a specific transportation improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT AS FOLLOWS: Section 1. Incorporation of Recitals. The Recitals set forth above are true and conect 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 Resolution No. 08-100 "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, andlor roadway described below and as shown on the map attached hereto as Exhibit "A" and incorparated 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 Drive, thence west on Vista Chino Drive 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 adoption of the amendment to the TIP. 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. This Resolution is PASSED, APPROVED AND ADOPTED this day of , 2008 by the following vote: Resolution No. 08-100 Vote: Ayes: Nays: Abstain: City of Palm Desert Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney /: . 5/ � ' b � 1 � � � .� �� � ���yd O ����1a � ��I�MMMIYM�/�;F '.�f� ���� ,e,,,.''�. ....,. 3�a`� �. .:, �L.,,s�%„ �.,.� �ruT.m �i�er�ide C��n�y Tra��►��t�fiin���am�is�ia� City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: City Clerk RE: Revised Resolution Approving an Amendment to the Riverside County Transportation Commission Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance (Ordinance No. 88-1) ("Measure A") To the City Clerk of the City of Palm Desert: As you are aware, the Riverside County Transportation Commission (RCTC) recently adopted a resolution initiating an amendment to the Measure A Transportation Improvement Plan (TIP►. Following such action, it was determined that one of the descriptions for the new segments to be included within the Coachella Valley portion of the TIP was incomplete. Specifically, description provided in Section 2(A)(1 ) of the resolution inadvertently left out the segment of Gene Autry Trail between East Palm Canyon Drive and Ramon Road. Therefore, a revised resolution was adopted by RCTC on October 8, 2008. In order for the amendment to the TIP to become effective, the Board of Supervisors of Riverside County and a majority of the cities within Riverside County constituting a majority of the incorporated population must approve the proposed amendment. RCTC is therefore asking for your city to support the revised amendment to the TIP by adopting the enclosed resolution. Please return one executed copy of the revised resolution upon adoption by your city council to: Riverside County Transportation Commission, P.O. Box 12008, Riverside, CA 92502-2208. For your convenience, we have also enclosed another copy of the Notice of Exemption for this action which, pursuant to the California Environmental Quality Act (CEQA), State CEQA Guidelines, should be filed within five (5) business days of the adoption of the enclosed resolution. Should you have any questions regarding this matter, please call Shirley Medina at (951) 787-7141 . Sincerely, Jennifer Harmon Clerk of the Board Exhibit A Map depicting new segments of highway and/or roadway to be included in the TIl DESERT HOT Y1 C_`Ct� SPRIIVGS 1 I�.7\.s mib�ae � ° . � � ; ��'o ¢� � E &� r �� � g s CATHEDRAL � I CITY 3 N� Clo. � % ag � � S vF Remon R p�M flaman R� S ; Np� �4 , C � d � �e � PALhI SPRINGS .,,k ..or ' c�ci�e_um PALA1 � $DESERT � S RANCHO MIRAGE FrMWerin9Dr .lO � INDIAN � i �iir� a � ( WELLS x COACHELLA Ar�nu�50 � � �� \ � Mu4„ LA QU/NTA � o eiw eaa Mecca �h Av� ` ,___.__ / '�� . / J1 � � ��� � � ��'�x �Y� :��^�% "" �r ��a�r�'�� �� �� �-� u r"�'' S �, /�°�������?b� .y� `. v;�.�� Y °mr,,� „,:,�,,;., ,...�..m...�� .�_.p...M..... ��Miles �, t __ ��r__ 0 1.5 3 6 9 12 Disclaimer:Maps and data are to ba used for refe�ence purposes only.Map features are approximate,and are not necessanly accurate to surveying or engineering standards.CVAG makes no warranry or guarantee as t party),acarecy,timeliness,or completeness of any of[he data pmvided,and assumes no legal responsibiliry for lhe information contained on this map.Any use of this product with respea to accuracy and precision sha� Notice of Exemption (California Environmental Quality Act) To: Office of Planning and Research From: The City of Palm Desert(the "City") 1400 Tenth Street, Room 222 73-510 Fred Waring Drive P.O. Box 3044 Palm Desert, CA 92260 Sacramento, CA 95812-3044 Phone: (951) Attn: State Clearinghouse Fax: (951) Riverside County Clerk's Office P.O. Box 751 2720 Gateway Drive Riverside, CA 92502-0751 Title: Adoption of Resolution Approving an Amendment to Coachella Valley Portion of Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance No. 88-1 Location— Specific: In Palm Springs, along Gene Autry Trail, Vista Chino Drive, and Highway 111. In Indio, along Golf Center Parkway, Indio Boulevard, and Highway 111. Location—City: Cities of Palm Springs and Indio. Location—Countv: Riverside County. Descri�tion of Nature Purposes and Beneficiaries: The Riverside County Transportation Commission Transportation ("RCTC") Expenditure Plan and Retail Transaction and Use Tax Ordinance, Ordinance No. 88-1 (the "Plan") was approved by 78.9 percent of the voters in Riverside County in 1988. The purpose of this Plan is to relieve traffic congestion, increase safety, improve air quality, and provide funding for essential countywide transportation improvements. The Plan listed the locations of anticipated improvements in Riverside County, including the Coachella Valley area. Due to unanticipated realignments in roadways and the relinquishment of State control over other roadways and highways in Coachella Valley, the Plan must now be amended to reflect current conditions and specify the current roadway segments which are eligible for funding. The resolution approving an amendment to the Plan adopted by the City on , 2008 does not approve the construction of any transportation improvement, but instead approves an amendment to the Plan in order to make funding available for the planning and environmental review of future transportation improvements. The beneficiaries of these improvements include the residents of Riverside County, particularly those of the Coachella Valley area. Name of Public Agenc��provin��Resolution: The City of Palm Desert Name of Person or A�enc�Carrvin� Out: Riverside County Transportation Commission Exempt Status: (check one) _ Ministerial(Sec. 21080(b)(1); 15268); _ Declared Emergency (Sec. 21080(b)(3); 15269(a)); _ Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); _ Categorical Exemption. State type and section number: Statutory Exemptions. State code number: X Other: Not a"Project" (State CEQA Guidelines §§ 15378(b)(4); 15004) Reasons whv exempt: Approval of the proposed amendment to the Plan does not approve the construction of any transportation improvements. The proposed amendment revises the Plan to accurately state current conditions and specify the transportation system improvements which are eligible for funding under the Plan. Only those improvements specified in the Plan are eligible for funding. The Plan 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. Public participation during the environmental analysis is required." Likewise, Public Utilities Code section 240302 states that the tax revenues available under the Plan are to be expended for the purposes of"planning, environmental reviews, engineering and design costs, and related right-of- way acquisition." Accordingly, the Plan must be amended before available tax revenues can be expended on the planning and environmental review of anticipated future transportation improvements. As such, amendment of the Plan is merely"the creation of [a] government funding mechanism or other government fiscal activit[y] which do[es] not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment." (State CEQA Guidelines § 15378(b)(4).) Additionally, the scope, nature, and construction schedule of the improvements listed in the amended Plan are currently unknown and initial technical and engineering studies for the improvements have not yet been completed. Thus, there is not yet "enough meaningful information for environmental assessment" of anticipated transportation improvements, and the amendment of the Plan is merely the"designat[ion] of a preferred site for CEQA review." (State CEQA Guidelines § 15004.) Accordingly, the amendment of the Plan is not a "project" and is exempt from environmental review under CEQA. Any future approval of specific transportation improvements would be subject to all required environmental review by the appropriate agencies. Lead Agency Contact Person: Shirley Medina Phone: (951) 787-7141 Si ng ature: Date: Title: Agency Representative City of Palm Desert