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:
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Homer Croy Carlos L. ega
ACM for De ment Services City Manager
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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
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�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
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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