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HomeMy WebLinkAbout2009-03-12MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 12, 2009 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Cindy Finerty Councilman Richard S. Kelly Mayor Robert A. Spiegel Excused Absence: Councilman Jim Ferguson Also Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Director of Special Programs Steve Brooker, Battalion Chief, Palm Desert Fire/Riverside Co. Fire/Cal Fire Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 120, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Green, Bryant & French, LLP Under Negotiation: x Price x Terms of Payment 2) Property: APNs 694-300-008 and 694-300-009 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Jewish Federation of Palm Springs and Desert Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Parties: John M. Wohlmuth/City of Palm Desert With City Council concurrence, Mayor Spiegel adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Richard S. Kelly VII. INVOCATION - Mayor Robert A. Spiegel 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 VIII. ORAL COMMUNICATIONS - B MS. DONNA MATSON, owner of property at 73-341 San Benito Circle, Palm Desert, addressed the City Council to express some frustration over the Redevelopment Plan and project known as "Alessandro Alley," which directly affects her property. She said the project had been in some stage of development for the last 20 years, with projections ranging from taking all the homes abutting the Alley on the north side to taking only about four feet. Recently, she had signed a sale agreement for 10.5 feet of her back yard so the City can widen the Alley. Even though she felt the price she was offered was low compared to an appraisal she had for total square footage, she took it to put an end to the "roller coaster ride" this project had been for her. She related that over the years she and her neighbors had been reluctant to perform any upgrades or renovations (i.e., additions or sewer hook-ups) to their homes based on the City's proposed plans and the presumption that their property would be taken. She noted that her home was of historical interest because it was one of a few original desert homes with stained concrete floors, rafters, and overhanging eaves. She was glad that only 10.5 feet of her property was being taken and the project was moving forward but was particularly concerned that through this process the City would be taking care of her septic tank, electric meter, and sprinkler system. She wanted to know the City's timetable for the project — construction commencement, sewer connection, relocation of water meter and irrigation system, and installation of temporary fencing to installation of the permanent wall. She also called attention to a nearby vacant lot owned by the City that is contained by temporary fencing; it is in disrepair/knocked down in several places, and trash and debris were collecting there that would be a code violation for any private property owner who controlled the property. Mayor Spiegel asked Mr. McCarthy to contact Ms. Matson to set up a meeting in order to discuss her concerns. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE - FEBRUARY 2009. On behalf of the City Council, Mayor Spiegel honored Jay Niemczak for his outstanding service above and beyond the call of duty. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 26, 2009. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 170, 192, 193, 194, 198, and 199. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the City and Redevelopment Agency Portfolios - January 2009 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Cultural Resources Preservation Committee Meeting of January 27, 2009. 2. Public Safety Commission Meeting of December 10, 2008. 3. Youth Committee Meeting of February 2, 2009. Rec: Receive and file. E. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C27470 — 2008 Citywide Restriping Project (Project No. 564-08) (J. P. Striping, Beaumont, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. F. REQUEST FOR AUTHORIZATION to Purchase Miscellaneous Fire Station Capital Equipment in the Amount of $30,942.04 with Workforce Housing Reward (WFH) Grant Funds. Rec: By Minute Motion: 1) Authorize the purchase of miscellaneous Fire Station capital equipment with Workforce Housing Reward Grant Funds in the amount of $30,942.04 — funds are available in Account No. 870-4490-466-3902; 2) designate 17 recliners as surplus and direct staff to contact local charities for potential donations of these items. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 G. REQUEST FOR AUTHORIZATION to Modify the Supplemental Law Enforcement Services Funding (SLESF) Expenditure Plan for Fiscal Year 2008-2009 to Include a $23,000 Allocation to Services and Supplies. Rec: By Minute Motion, modify the Supplemental Law Enforcement Services Funding (SLESF) Expenditure Plan for Fiscal Year 2008- 2009 as follows: 1) Salaries and Benefits - $33,000; 2) Services and Supplies - $23,000; 3) Equipment - $44,000; 4) Administrative Overhead - $0. H. REQUEST FOR APPROVAL of Various CalCOPS Expenditures from Fiscal Year 2008-2009. Rec: By Minute Motion, approve the following expenditures of CalCOPS Funds from FY 2008-2009: 1) Cell phones in the amount of $1,440; 2) Training in the amount of $657; 3) Training in the amount of $731; 4) Training Conference in the amount of $1,078; 5) Training in the amount of $3,712; 6) Training in the amount of $4,375. I REQUEST FOR AUTHORIZATION to Release Certificate of Deposit (CD) for Marriott Ownership Resort (Tract Map No. 28818-3) in the Amount of $6,475. Rec: By Minute Motion, authorize release of the CD for Marriott Ownership Resort (Tract Map No. 28818-3) in the amount of $6,475. J. REQUEST FOR AUTHORIZATION to Release Certificate of Deposit (CD) for Marriott Ownership Resort (Tract Map No. 28818-4) in the Amount of $6,763. Rec: By Minute Motion, authorize release of the CD for Marriott Ownership Resort (Tract Map No. 28818-4) in the amount of $6,763. K. REQUEST FOR APPROVAL of a Contingency, On -call Services Contract with Belfor USA for Post -disaster Cleanup and/or Power Supply Services (Contract No. C28630). Rec: By Minute Motion, approve a no -cost contingency services contract with Belfor USA, Birmingham, Michigan, for post -disaster cleanup and/or power supply services. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 L. CONSIDERATION of Legislative Review Committee Action on Proposed Legislation -- AB 18 (Knight) — City Council Vacancies. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of February 24, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 18 (Knight). M. CONSIDERATION of Legislative Review Committee Action on Proposed Legislation — AB 28 (Jeffries) — Water Pumps. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of February 24, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 28 (Jeffries). N. CONSIDERATION of Legislative Review Committee Action on Proposed Legislation — AB 137 (Jeffries) - Open Meetings. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of February 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 137 (Jeffries). O. CONSIDERATION of Legislative Review Committee Action on Proposed Legislation — AB 150 (Smyth) — Taxation. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of February 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 150 (Smyth). P. CONSIDERATION of Legislative Review Committee Action on Proposed Legislation — AB 210 (Hayashi) — Building Standards. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of February 24, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 210 (Hayashi). 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 Q. CONSIDERATION of Legislative Review Committee Action on Proposed Legislation — SB 93 (Kehoe) — Redevelopment. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of February 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 93 (Kehoe). R. CONSIDERATION of Legislative Review Committee Action on Proposed Legislation — SB 107 (Walters) — Mandatory Gratuities. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of February 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 107 (Walters). S. CONSIDERATION of Legislative Review Committee Action on Proposed Legislation — SB 115 (Lowenthal) — Public Employment. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of February 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 115 (Lowenthal). T. CONSIDERATION of Legislative Review Committee Action on Proposed Legislation — SCA 3 (Wyland) — Transportation Investment Funds. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of February 24, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to SCA 3 (Wyland). U. REQUEST FOR WAIVER of Municipal Code Provisions in Conjunction with Fashion Week El Paseo 2009 - March 23 - 30. Rec: By Minute Motion, permit the sale, possession, and consumption of alcoholic beverages on City -owned property and waive the 9:00 p.m. regulation for amplified sound in conjunction with a special event, Fashion Week, scheduled to be held March 23-30, 2009. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 V. REQUEST FOR AUTHORIZATION, to Apply for Matching Grant to Perform Multi -jurisdictional Traffic Signal Coordination and Synchronization Along Major Corridors and to Act as Lead Agency for the Project. Rec: By Minute Motion: 1) Authorize the Director of Public Works to apply for the Mobile Source Air Pollution Reduction Review Committee (MSRC) Clean Transportation Funding Grant for a multi -jurisdictional traffic signal coordination and synchronization project; 2) authorize the Director of Public Works to seek partnership participation from adjacent cities and to serve as lead agent on the project; 3) obligate an amount not to exceed $50,000 from Traffic Signal Fund 234 to be reimbursed by grant funds at a rate of 50%, resulting in a total expenditure of $25,000. Councilman Kelly asked that Item A be removed for separate action under Section XI, Consent Items Held Over. Upon a motion by Kelly, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER A. MINUTES of the Regular City Council Meeting of February 26, 2009. Councilman Kelly stated he would be abstaining because of his abstention from Continued Business Items C and D on the Minutes of February 26, 2009. Mayor Spiegel moved to, by Minute Motion, approve the Minutes of February 26, 2009, as presented. Motion was seconded by Finerty and carried by a 3-0-1 vote, with Kelly ABSTAINING and Ferguson ABSENT. XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: None 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF PURCHASE ORDER IN THE AMOUNT OF $85,173.09 TO HUNTINGTON BEACH HONDA FOR THE PURCHASE OF THREE (3) REPLACEMENT MOTORCYCLES FOR USE BY THE PALM DESERT POLICE DEPARTMENT. Lt. Shouse stated this purchase had been in the works since fiscal year 2007-2008; funds were still encumbered. He explained that the low bidder Desert Cities Honda was unable to produce the motorcycles for several reasons. One reason was that Honda quit producing police motorcycles for a period of time. Since that time, new vendors were sought throughout Southern California and new bids were obtained. They located Huntington Beach Honda in Huntington Beach, and they have three Honda police motorcycles in stock that can be produced within a month after receiving a purchase order. Responding to question about future parts, he said Honda will continue to produce police motorcycles. Councilman Kelly moved to, by Minute Motion, approve of a purchase order in the amount of $85,173.09, contingent on Public Safety Commission approval at its meeting of March 11, 2009, to Huntington Beach Honda for the purchase of three (3) replacement motorcycles for use by the Palm Desert Police Department — purchase to be made from Account No. 530-4210-422-4045. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. B. REQUEST FOR AWARD OF CONTRACT TO ANDY'S LANDSCAPE PLUS, INC., FOR THE CITYWIDE PALM TREE PRUNING PROGRAM 2009 (CONTRACT NO. C28400, PROJECT NO. 931-09) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Councilmember/Member Benson moved to, by Minute Motion: 1) Award subject contractforthe Citywide Palm Tree Pruning Program 2009 to Andy's Landscape Plus, Inc., Bermuda Dunes, California, in the total amount of $72,517.50 (City - $64,890.00; Housing Authority - $7,627.50; 2) authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $7,251.75 (City - $6,489.00; Housing Authority - $762.75); 3) authorize the Mayor to execute said contract - funds are available as listed in the accompanying staff report. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 C. REQUEST FOR AWARD OF CONTRACT TO TREE ELEMENTS, INC., FOR THE CITYWIDE TREE PRUNING PROGRAM 2009 (CONTRACT NO. C28410, PROJECT NO. 932-09) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Councilman/Member Kelly moved to, by Minute Motion: 1) Award subject contract for the Citywide Tree Pruning Program 2009 to Tree Elements, Inc., Yorba Linda, California, in the total amount of $115,008.74 (City - $80,139.36; Housing Authority - $34,869.38); 2) authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $11,500.87 (City - $8,013.94; Housing Authority - $3,486.93); 3) authorize the Mayor to execute said contract - funds are available as listed in the accompanying staff report. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. D. REQUEST FOR AWARD OF CONTRACT TO LEON'S LANDSCAPING & TREE SERVICE, INC., FOR THE CITYWIDE TREE REMOVAL PROGRAM 2009 (CONTRACT NO. C28420, PROJECT NO. 933-09) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Mayor Pro Tem/Vice Chairman Finerty moved to, by Minute Motion: 1) Award subject contract for the Citywide Tree Removal Program 2009 to Leon's Landscaping & Tree Service, Inc., Thousand Palms, California, in the total amount of $10,375 (City - $8,250; Housing Authority - $2,125); 2) authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $1,037.50 (City - $825.00; Housing Authority - $212.50); 3) authorize the Mayor to execute said contract — funds are available as listed in the accompanying staff report. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. Councilman/Member Kelly commented the tree program had three separate contracts because contractors specialized in certain kinds of trees, they did different work, and the City received better bidding results. Mayor/Chairman Spiegel noted one contract was awarded outside the Valley, and he received an e-mail from Barbara deBoom from the Chamber of Commerce questioning it. His response was that the City was required by law to take the lowest bid, and in this case, it was more than $5,000. Councilman/Member Kelly complimented staff for putting together the tree program and obtaining economical cost savings for the City. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 E. CONSIDERATION OF REQUEST BY THE COUNTY OF RIVERSIDE TO INSTALL A TRAFFIC SIGNAL ON WASHINGTON STREET AT 41sr AVENUE. Mayor Pro Tem Finerty moved to, by Minute Motion, approve the request by the County of Riverside to install a traffic signal on Washington Street at 41 St Avenue. Responding to question about cost, Mayor Pro Tem Finerty said the staff report indicated the fiscal impact would be approximately $4,000, which was 33.3% of the annual maintenance and operations cost. Councilman Kelly stated he would vote no on this item because the City did other projects on Fred Waring Drive with similar situations, and the City worked it out to have a left turn-in/out. He said Roy Wilson was always opposed to traffic signals, and he would follow his lead and vote no. He said the City had Woodhaven, Palm Royal, and other places there that would love to have a traffic signal, but on principle he would vote no. Responding to question, Transportation Engineer Mark Diercks said the traffic signal was a condition of approval of the Church. Mayor Pro Tem Finerty noted the traffic signal was warranted, and there would be no cost to the City; the Church would pay for the construction cost of the traffic signal. Councilmember Benson and Mayor Spiegel commented Washington Street was a mess anyway. Councilmember Benson seconded the motion, and it carried on a 3-1 vote, with Kelly voting NO and Ferguson ABSENT. XV. CONTINUED BUSINESS A. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 12, 2009 (Continued from the meeting of February 26, 2009). Mayor Pro Tem Finerty moved to, by Minute Motion, approve the Minutes of February 12, 2009, as presented. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 XVI. OLD BUSINESS A. REQUEST FOR SELECTION OF AN ALTERNATIVE FOR THE PROPOSED COOK STREET CORRIDOR IMPROVEMENTS (PROJECT NO. 601-05). Mr. Chen noted the staff report and offered to answer questions. Councilmember Benson asked what was staff's recommendation. Mr. Chen replied it was a tough situation for any one person to make that decision, which was why this item was before the Council. MR. GARY LUEDERS, Desert Bicycle Club, Palm Desert, stated they were a small club relative to others, and they were proud to have Palm Desert as their home city. He said all their bicycle rides start at the Palm Desert Civic Center Park, they promote bicycle safety, and encourage people to participate in cycling as a healthy lifestyle. With regard to the issue about the proposed Cook Street Corridor improvements, he acknowledged Palm Desert was proactive when it came to cycling and happy that the City was moving forward with striping bicycle lanes and looking at cycling as a viable mode of transportation. He said Alternative 1 would take away the bike lanes, which was not in the best interest of cycling. Alternative 2 would expand Cook Street to six lanes with a Class I Bike Lane along the west side, which meant expanding the sidewalk to 12 feet as shown in the diagram included in the staff report. He did some research and found the Caltrans Highway Design Manual, which was a guide to the American Association of State Highway and Transportation officials for development of bicycle facilities. He wasn't trying to set himself up as a road engineer, but he was a cyclist and knew about cycling and bicycle safety. He read the following paragraph from Chapter 1000 of the Streets and Highway Code Section 890.4: "Class I Bikeway (Bike Path) provides a completely separated right of way for the exclusive use of bicycles and pedestrians with crossflow by motorists minimized." However, experience had shown that if significant pedestrian use was anticipated, separate facilities for pedestrians are necessaryto minimize conflict; pedestrians and bicycles should be separated whenever possible. He noted there are several driveways and cross streets along Cook Street, which are an issue. He went on to read another paragraph from Chapter 1000 - Separation between Bike Path and Highway: "A wide separation is recommended between bike paths and adjacent highways. Bike paths closer than five feet from the edge of the shoulder shall include a physical barrier to prevent bicyclists from encroaching onto the highway. Bike paths immediately adjacent to streets and highways are not recommended."He recognized Cook Street was not a highway, but felt this paragraph was relevant. He urged the Council to talk to Caltrans' 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 officials because the City may be looking at state or federal bicycle initiatives, and if the City converted a sidewalk into a bike path along a road, it may not be approved. Therefore, he suggested the Council not vote on this item this evening and hoped the Council would want to gather more information and perhaps consider talking to the California Bicycle Coalition or professional bicycle company that analyzed these types of situations. Another issue with this right of way, in terms of the City's diagram, the width is 86 feet plus a trail -foot bike lane, which was 96 feet total with 18 feet in the middle. He suggested it be redesigned to also include bike lanes. He said with all the options given, Alternative 3, which was no project at all, was his preference. He recognized that the loss of Measure A monies was a concern and that resurfacing of the street was a financial factor, but the City constantly reconstituted the streets anyway, so it could be re -budgeted in future years. In conclusion, he recommended Alternative 3. MR. JOHN C. GRANT, stated he lived on Cook Street between Country Club Drive and Frank Sinatra Drive on the west side of Cook Street. He noted he had previously addressed the Council on this issue and would try not to be redundant because the Council already knew where he stood. He recommended the Council adopt Alternative 3, which was no project at all, because of the noise and safety factors. He said Cook Street was a truck route that included Semi Trucks and Burrtec Trucks. He said Burrtec trucks were the noisiest trucks he had the misfortune of experiencing, that even when standing still they were noisy. He said Cook Street was more like a freeway as opposed to a street because of the 55 mph speed limit. When trucks hit the12-inch utility manholes, it caused a harmonic vibration effect that kept going and traveled through the earth, which was very annoying. He said that noise traveled through his family room at 1:00 a.m., and at times he didn't know if it was a truck or earthquake vibration. He read a quote from the California Noise Laws, Chapter 1, Section 46000 (f): "All Californians are entitled to a peaceful and quiet environment without the intrusion of noise which may be hazardous to their health or welfare"; and Section 46001: "No provision of this division or ruling of the Office of Noise Control is a limitation or expansion: b) On the Power of any city, county, or city and county to declare, prohibit, and abate nuisances." In addition, according to the Department of Transportation and Data, it was found that traffic noise levels depended upon many factors such as traffic volume and traffic speed, and he found it astounding that a truck traveling at 55 mph generated as much noise as 28 vehicles traveling at the same speed. He hoped the Council would choose Alternative 3, and asked that in the near future Cook Street be resurfaced with rubberized asphalt. He said runners, walkers, and bikers from the communities there utilized Cook Street, but others coming from Marriott Desert Springs did as well. He said Montecito was not a golf community, but many residents from Desert Falls and Desert Willow used golf carts to get to their destination. Expanding Cook Street to six lanes 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 would be dangerous, and adding one more lane in each direction would constitute a safety issue. He said Mayor Pro Tem Finerty had asked that he meet with then Assemblyman John Benoit on the vehicle speed limit issue, which he did. However, Mr. Benoit couldn't promise any results, but he did present the issue to Sacramento and he did meet with the California Highway Patrol management. It was hoped that some adjustments could be made to the percentages on vehicle speed limits, which was currently 85%, but it wasn't on their list of priorities. Councilman Kelly stated there was an assembly bill on the calendar to allow cities to make adjustments to vehicle speed limits. MR. GRANT replied he wasn't aware of that Bill, but it was encouraging news. In conclusion, he hoped that balance between the goals and objectives of the City, and concerns and quality of life of the citizens, would be applied in the deliberation of this item. He asked that Council select Alternative 3 and direct staff not to proceed further with the proposed improvements with a caveat that the City resurface the street with rubberized asphalt. He noted that if the corridor improvements were canceled, the City could keep its $4.2 million. MR. GREG VAKA, President of Desert Falls Courtyard Homeowner Association stated that at one time Mr. Greenwood and others had mentioned the dip between Cook Street and Country Club Drive would be removed and wondered if that was part of the vote this evening. Mr. Chen replied that improvements would be done in two phases. The first phase is for drainage and intersection improvements at Cook Street/Country Club Drive and Cook Street/Hovley Lane East, which includes the cross -gutter dips. The second phase is the Cook Street Corridor Improvement. MR. VAKA stated that much of the noise was generated from the bump that was between the two intersections, and the trucks that created the most noise were Burrtec trucks that used the roll -off bins with steel wheels against the steel chassis; empty trucks going over the bumps rattled and caused serious vibrations. He said a few years ago, City employee Armando Rodriguez visited some of the homes at Desert Falls, and he experienced the effects of the noise/vibrations and was very concerned. At that time, there was a three or four hundred -foot section of the road that was taken out, and a pipe was exposed that was not on any of the maps, and the City didn't want to do anything about it; however, residents believed that's where the noise came from. He said the City did resurface the road and it helped minimize noise in that one section. He said the Country Club cross-section to the Cook Street entrance of Desert Falls was in horrible shape. He said 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 the City resurfaced the Country Club portion of Desert Falls, and those people were no longer complaining about noise, and they would like the same for the residents that lived from Country Club Drive to Frank Sinatra Drive on both sides. At one of the previous meetings, Class I and Class II type of modifications were presented, and he noticed Class II was no longer addressed. He said the staff report only showed Class I, and the drawings with the bike lane on the west side had a section that appeared to widen the street by moving the curb line into the current sidewalk; he wondered if that was a correct assumption. Mr. Chen replied that it was. He said Class II was ideal because it included six lanes plus a bike lane on each side, but that alternative was $22 million, which was not feasible; therefore not included in the staff report. MR. VAKA stated he was still unclear about the Class I bike path program. Mayor Spiegel explained Council was only looking at Alternatives 1, 2, and 3 as noted in the staff report. He stated he understood Mr. Vaka's point, that he was not interested in having the City take an additional 12-feet from the sidewalk. MR. VAKA stated that another point of clarification were the results of the three tests taken on the noise level. At a recent meeting, an inquiry was made about the results of those tests, and the response was that they were inconsequential. He was informed the results would be provided prior to a vote being taken and asked whether they were open for public record. Mr. Chen responded that if Alternative 1 or 2 was chosen, staff would then proceed with a full Environmental Impact Report (EIR) and the noise study results would become part of the report; results become public when the EIR is approved by the City Council. MR. VAKA stated that with regard to the alternatives, it was the consensus of opinion from those that presided within Desert Falls, that the City select Alternative 3, which was to do nothing. Mayor Spiegel confirmed that if Alternative 3 was selected, Cook Street would remain the same. MR. LARRY SHANAHAN, Vice President of the Lakes Homeowners Association, Palm Desert, stated a noise study was done 1 '/2 years ago, and they were told the noise level was already over the decibels allowed prior to the study. However, at the last meeting, they were told the noise level was proper and the walls would not be addressed; he hoped that issue could be clarified. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 Mr. Chen responded that based on the study, which was in draft form, the noise decibel was not yet above the limit. Councilman Kelly stated there was no reason to change what currently existed because the City had good bike lanes. The City was trying to be bicycle -friendly, and it was important to keep the bike lanes in both directions. He saw no reason to add another traffic lane when there were no traffic signals between Frank Sinatra Drive and Country Club Drive; traffic moved well there. In addition, spending $5 to $10 million without any reason, didn't make any sense. He preferred the City just make the corrections to eliminate noise from the bump hump and continue striping to keep intersections marked off. He recommended Alternative 3, in addition to taking care of the intersections, which staff already said they would do. Mayor Pro Tem Finerty concurred with Councilman Kelly, primarily for two reasons: One was for economics, stating it would be irresponsible to spend $2 -$10 million at this time. Secondly, there was a quality of life issue, which had been expressed over and over again. The City had a good thing going with the bicycle lanes and was glad that staff was proceeding to eliminate the dip that caused noise from the trucks. She was in favor of Alternative 3. Councilmember Benson stated she agreed, but wondered about resurfacing the road with rubberized asphalt. Mayor Pro Tem Finerty stated the City had a proactive slurry and overlay program for its streets and roads, and the program already had a scheduled time frame for when work was required, so the request would have to be looked at with the budget. Councilmember Benson stated that before anything was done, she would recommend the bicycling representatives and the residents on Cook Street form a committee with staff, so that input can be provided and Council could have a definite recommendation. Councilman Kelly moved to, by Minute Motion, select Alternative #3 (No Project) for the Cook Street Corridor Improvements and directed that staff proceed no further with them. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION ACTION, DENYING A REQUEST FORA VARIANCE FOR AN EXCEPTION TO PALM DESERT MUNICIPAL CODE SECTION 25.68 - SIGNS, TO PERMIT A THIRD MONUMENT SIGN FOR CARL'S JR. IN THE UNIVERSITY VILLAGE CENTER LOCATED AT 36-879 COOK STREET Case No. VAR 08-304 (National Sign and Marketing/The Evans Company, Applicants/Appellants) (Continued from the meetings of December 11, 2008, February 12 and February 26, 2009). Principal Planner Tony Bagato stated the Applicant requested a continuance, and staff was requesting 30 days because they didn't have a design yet. Mayor Spiegel declared the public hearing open and invited testimony on this matter. No testimony was offered. Mayor Pro Tem Finerty moved to, by Minute Motion, continue this item to the meeting of April 9, 2009. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. B. CONSIDERATION OF THE VACATION OF A PORTION OF GUADALUPE AVENUE AT MONTEREY AVENUE TO ACCOMMODATE PRECISE PLAN NO. 07-07 (DELIO OFFICE BUILDING, 44-450 MONTEREY AVENUE) UNDER PROVISIONS OF DIVISION 9, PART 3, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA (Prest Vuksic Architects, Applicant). Mayor Spiegel declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, he declared the public hearing closed. Mayor Pro Tem Finerty moved to waive further reading and adopt Resolution No. 09-15, vacating a portion of Guadalupe Avenue at Monterey Avenue to accommodate Precise Plan No. 07-07 (Delio Office Building, 44-450 Monterey Avenue) under provisions of Division 9, Part 3, of the Streets and Highways Code of the State of California; 2) By Minute Motion, authorize the Mayor to execute an Easement Agreement to accommodate Precise Plan No. 07-07, Delio Office Building, 44-450 Monterey Avenue. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 XVIII. REPORTS AND REMARKS A. CITY MANAGER On a motion by Finerty, second by Kelly, and 4-0 vote of the City Council, with Ferguson ABSENT, added the following consideration to this agenda. 1. Reauest for Approval of Out-of-state Travel for the City Manager to Attend a Meeting with California Public Utilities Commission Officials and Opening Day of the Aspen Accord, Aspen, Colorado, March 28-29, 2009. Mr. Wohlmuth said the Aspen Accord Conference had not been budgeted for City Manager Out -of -State Travel in FY 2008-2009. However, he said that due to his health condition, he would not be able to attend the full Conference but was asked to consider a Saturday meeting with California Public Utilities Commission (CPUC) President Michael Peevey and Edison Officials to discuss Palm Desert's proposal for additional energy funding and to meet California Energy Coalition staff on Sunday. Responding to question, he believed representatives could meet him in Palm Desert, although the CPUC President may be unable to meet with him here. Mayor Pro Tem Finerty was concerned about the pre -meeting lodging amount of $964. Therefore, in this time of economizing, she agreed with Mayor Spiegel's suggestion that all of the cities in Southern California (Irvine, Santa Monica, etc.), should coordinate their meetings at a location that doesn't involve air travel and lodging to lessen costs. She also believed that since Councilman Ferguson was already going to participate in the Aspen Accord, he would be very capable of dealing with Bruce Foster and Michael Peevey. At some point, she felt it would be appropriate for the City Manager to meet the officials; however, since it is currently an unbudgeted expense, it wasn't necessary. Councilmembers Benson and Kelly agreed. Mayor Spiegel suggested that because the City has obtained quite a bit of assistance for its residents from the gas and electric companies, if Mr. Wohlmuth feels that this is an important trip, then he should be able to make the decision of whether or not to go. He, too, felt Mr. Wohlmuth should first try to get the officials to come and meet with him in Palm Desert; although, he supported his going to Aspen if he felt up to it. Mayor Pro Tem Finerty moved to, by Minute Motion, deny the request for out-of-state travel for the City Manager to Aspen, Colorado, and ask officials of the CPUC 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 and Energy Coalition to meet with him in Palm Desert instead. Motion was seconded by Benson and carried by a 3-1 vote, with Spiegel voting NO and Ferguson ABSENT. B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Coachella Valley Rescue Mission — Councilmember Benson asked for her colleagues' concurrence to add an item to the agenda in light of the damaging fire at the Rescue Mission yesterday morning. On a motion by Kelly, second by Spiegel, and 4-0 vote of the City Council, with Ferguson ABSENT, consideration of the Coachella Valley Rescue Mission was added to the agenda. Councilmember Benson said since the Rescue Mission lost a lot of the food in its storage area and would have a great deal of expense to recover, she would like to see the City donate $25,000 to the organization. Councilmember Benson moved to, by Minute Motion, donate $25,000 to the Coachella Valley Rescue Mission to help it recover after Wednesday's fire, and appropriate said funds from the Unobligated General Fund. Motion was seconded by Kelly and carried by 4-0 vote, with Ferguson ABSENT. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 Responding to Councilman Kelly's comment about the Rescue Mission's previous plans to add on to their facility, Councilmember Benson understood from the Rescue Mission that it did have a plan for a new addition that hasn't been presented to Coachella Valley cities yet, but it was planning to do so. o City Council Committee Reoorts: 1. Coachella Valley Animal Campus Commission — Councilmember Benson reported she attended a Commission meeting this morning, and given the County's current budget situation, the Campus has had to reduce staff by about 22%. She said the Campus relies heavily on volunteers, especially now, and asked anyone interested in volunteering in any capacity to contact the Campus, particularly anyone who has related experience (e.g. veterinarian) would be very much appreciated. On a related note as to the humanitarian outreach provided by the Campus, Councilmember Benson noted that a recent car accident in the Coachella Valley took the life of a well known jazz pianist. His pet cat was traveling with him in the car in a carrier and although it lost a couple of teeth, survived the accident. The Animal Campus took the cat in and is making arrangements to fly it to the pianist's mother so that it would have a good home. She said Continental Airlines agreed to make a space for the cat and fly it out of Ontario for a nominal cost. 2. Little Leaaue ODenina Dav - March 7 — Mayor Spiegel commented that last Saturday was the opening day of Little League at the City of Palm Desert, and a tremendous celebration was held at Civic Center Park. He said about 600 children and their families were at the baseball fields; the Marine Band, speeches, and a flyover kicked off the season and made for a wonderful day. He was disappointed that there wasn't any newspaper coverage or pictures of the event published. He thanked Parks & Recreation Services Manager Janis Steele for her hard work on this event. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2009 3. Palm Desert Public Safety Academy — Mayor Spiegel stated that the Academy was dedicated this morning at the College of the Desert Campus. He said about 650 people attended the ceremony, and it was also an outstanding event. o City Council Comments: None XIX. ADJOURNMENT Upon a motion by Finerty, second by Kelly, and 4-0 vote of the City Council, with Ferguson ABSENT, Mayor Spiegel adjourned the meeting at 5:04 p.m. ATTEST: RACHELLE D. KLASSE, CITY CLERK) CITY OF PALM DESERT, CALIFORNIA ROBERT A. S IEGELf'M YOR 21