REPORT to the Mayor and Members of the City Council from the City Manager

Transcription

1 CITY OF PALMDALE REPORT to the Mayor and Members of the City Council from the City Manager DATE: September 3, 2014 SUBJECT: ISSUING DEPARTMENT: Memorandum of Understanding Between the City of Palmdale and the Sun Village Town Council (A-4878) Office of the City Attorney SUMMARY Issues: Shall the City Council Enter into the Memorandum of Understanding Between the City of Palmdale and the Sun Village Town Council (A-4878)? Recommendation: It is recommended that the City Council should enter into the Memorandum of Understanding Between the City of Palmdale and the Sun Village Town Council (A-4878). Fiscal Impact: There is no fiscal impact upon enter into the Memorandum of Understanding Between the City of Palmdale and the Sun Village Town Council. However, future actions taken to accomplish the goals of the Memorandum of Understanding may have a fiscal impact. Those impacts will be analyzed if, and when, those actions are taken.

2 Staff Report: Agreement A-4878 September 3, 2014 Page 2 of 2 DISCUSSION Over the past several years, CitX staff has met with representatives of the Sun Village Town Council ("Town Council') to discuss the Town Council's desire for future incorporation and to resolve boundary issues relating to zoning, sphere of influence, and the City's pending annexation of area generally located between Palmdale Boulevard and the alignment of Avenue R-12 and between 80th Street East and the alignment of 85th Street East. City staff and Town Council representatives have come to an agreement on several issues and desire to memorialize the agreement through a Memorandum of Understanding. The Memorandum of Understanding includes the following principles of understanding: City acknowledges and supports the goals and objectives of Sun Village to establish themselves as an incorporated City within the County of Los Angeles and State of California. Sun Village acknowledges and supports the goals, objectives, and policies of the City of Palmdale and its General Plan as it relates to the Mineral Resource Extraction designated areas located west of the Littlerock Creek and the value of this aggregate resource required for economic growth of the region and the City of Palmdale and Sun Village. Sun Village and the City of Palmdale desire to remove Sun Village from the City of Palmdale Sphere of Influence. Guided by these underlying principles, the parties endeavor to accomplish the following: Modify the City of Palmdale's Sphere of Influence to exclude Sun Village. Complete the pending annexation of area generally located between Palmdale Boulevard and the alignment of Avenue R-12 and between 80th Street East and the alignment of 85th Street East into the City of Palmdale. Allow for comment by Sun Village on future aggregate mining operations within the City of Palmdale. Support the paving of certain Sun Village roads as part of required mitigation measures related to future development. CONCLUSION Staff recommends that the City Council enter into the Memorandum of Understanding Between the City of Palmdale and the Sun Village Town Council (A-4878). Submitted by: David Childs City Manager

3 A-4878 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by the City of Palmdale ("City") and the Sun Village Town Council ("Sun Village") on September 3, WITNESSTH: Whereas, the City acknowledges and supports the goals and objectives of Sun Village to establish themselves as an incorporated City within the County of Los Angeles and State of California; and Whereas, Sun Village acknowledges and supports the goals, objectives, and policies of the City of Palmdale and its General Plan as it relates to the Mineral Resource Extraction designated areas located west of the Littlerock Creek and the value of this aggregate resource required for economic growth of the region and the City of Palmdale and Sun Village; and Whereas, Sun Village and the City of Palmdale desire to remove Sun Village from the City of Palmdale Sphere of Influence (see Exhibit 1 ); and Whereas, the City of Palmdale and Sun Village are entering into this Memorandum of Understanding with Sun Village acknowledging that the City of Palmdale initiated proceedings with the Los Angeles County Local Agency Formation Commission (LAFCO) on March 7, 2012 for annexation of the area within the City's Sphere of Influence generally located between Palmdale Boulevard and the alignment of Avenue R-12 and between 80th Street East and the alignment of 85th Street East within the alluvial fan of Littlerock Creek ("Palmdale Annexation ") (see Exhibit 2); and WHEREBY the parties agree to the following terms and conditions: (1) Sphere of Influence Amendment a) City will request LAFCO amend Palmdale Annexation to include a sphere of influence amendment to remove Sun Village from the City of Palmdale Sphere of Influence as shown in Exhibit 1. The parties agree that the east/west boundary separating the City of Palmdale and Sun Village is generally the centerline of Littlerock Creek, along parcel lines, and the northern boundary is Avenue "Q", all as more particularly described in Exhibit 1. b) The City and Sun Village agree to jointly support the actions by the City of Palmdale to modify the Sphere of Influence to exclude the Sun Village area 1

4 A-4878 as shown in Exhibit 1. Further, both entities agree to support the issue at all future LAFCO hearings. c) The City will amend the related maps of the Palmdale General Plan and Zoning Ordinance to reflect the change to the Sphere of Influence when completed by LAFCO. (2) Palmdale Annexation The City of Palmdale will continue to process the application for Annexation with LAFCO. Sun Village recognizes the fact that this area to be annexed is a State designated Mineral Resource Zone (MRZ) and agrees that the area is to be developed for aggregate mining uses. (3) Agreement to Allow Sun Village to Comment on Future Projects a) Recognizing the potential for environmental impacts as expressed by Sun Village, the City will ensure that all applications for future aggregate mining operations within the City limits are evaluated in accordance with the California Environmental Quality Act and that Sun Village will be notified, as provided in subsection (b) below, and have the opportunity to comment on the environmental documents prepared for future projects. b) Sun Village will designate up to two representatives to receive the notice provided for in this section. The names and addresses of the representative(s) will be provided to the City and updated as necessary. The City will mail to the appointed Sun Village representative(s) applications for future aggregate mining operations within the City limits. c) The City will ensure that Best Management Practices (BMP's) and Best Available Technologies (BAT's) are incorporated into future project requirements to reduce potential impacts from aggregate mining operations to a less than significant level. Sun Village shall provide comments on BMP's and BA T's during the environmental comment period. d) The City will require future applicants of proposed m1rnng operations to mitigate the impacts associated with the use to the extent that a nexus exist between the use and the resulting impact. (4) Mitigation Measures The City will recommend to developers looking to complete applicable mitigation measures the paving of 92nct Street East - Avenue A/Avenue R-8; gih Street East - Palmdale Boulevard/Avenue R; and Avenue R-4 - goth Street East/9ih Street East. If developers elect, in their sole discretion, to pave such roads, Sun Village will solicit 2

5 A-4878 community support to provide the required right of way. It is understood by Sun Village that paving cannot occur without the complete acquisition of the necessary right of way. (5) Term of Agreement This Memorandum of Understanding shall have a term of ten (10) years and may be extended by agreement of the parties. Now, therefore, the parties hereto have caused this Memorandum of Understanding to be executed and attested by their respective officers thereunto duly authorized. CITY OF PALMDALE SUN VILLAGE TOWN COUNCIL James C. Ledford, Jr. Mayor Magdalene Lawrence President APPROVED AS TO FORM: Noel Doran Assistant City Attorney ATTEST: ATTEST: Rebecca J. Smith City Clerk Bernadette Moore Secretary 3

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8 EXHIBIT B

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