HomeMy WebLinkAboutinfo Report - lorida Avenue Sidewalk ReportCITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Receive and File Informational Report
SUBMITTED BY: John A. Garcia, P.E., Engineering Manager
DATE: April 27, 2006
CONTENTS: Excerpt of Minutes from 01-13-05 City Council Meeting
02-10-05 Informational Item Staff Report
Excerpt of Minutes from 02-10-05 City Council Meeting
Vicinity Map
Recommendation:
�U1
Receive and file informational report regarding the history of the abandoned
Florida Avenue sidewalk related to the Fred Waring Drive widening project.
Discussion:
As the Fred Waring Drive widening project developed in 2004, it became clear that the
widening and the construction of the soundwall on the north side of Fred Waring Drive could
impede foot and bicycle traffic along the stretch between California Street and Elkhorn Trail.
Staff recommended construction of a sidewalk on Florida Avenue to accommodate this
traffic.
At the regular City Council meeting of January 13, 2005, a few residents of Florida Avenue
voiced their opposition to the construction of such a sidewalk. In response to these citizens'
concerns, Council directed staff to provide a report at the next meeting, responding to the
concerns expressed by the residents.
At the regular City Council meeting of February 10, 2005, Public Works Department staff
submitted a report responding to the residents' concerns. Council accepted the report and
authorized staff to abandon the Florida Avenue sidewalk project.
Submitted By:
J n A. Garcia, P.E.
Engineering Manager
Approval:
4emj�
Homer Croy
ACM for Development ices
Department Head:
M reenwood, P.
Director of Public Works
Carlos L. Ort ra
City Manager
idni
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005
VI. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly
VII. INVOCATION - Mayor Pro Tern Jim Ferguson
VIII. ORAL COMMUNICATIONS - B
MR. LOTHAR VASHOLZ, Public Relations for the Coachella Valley Trauma
Intervention Program (TIP), addressed the City Council with a report on his
organization=s activities. He stated that program was a partnership with the
communities of the Valley and volunteers who, since October 1, 2003, provided
emergency help, upon being called by emergency personnel, for suicides, motor
vehicle accidents, fires, family abuse situations, and unattended deaths, with
24-hours-per-day, 7-days-per-week coverage. He related that they'd made nearly
400 service calls, assisting three or four persons on each. Additionally, on Monday,
February 7, TIP was providing a seven -hour program for emergency personnel, a
study on first aid in traumatic situations, and the program had been approved for
continuing education units (fliers were provided to the City Clerk's Office). He
thanked the City Council for its support of the program, present and future, which
had been in place 15 months in the Coachella Valley and 20 years nationally.
Having been personally involved in some of the calls, he spoke to the value its
volunteers were able to provide to both those who were affected by a trauma and to
the emergency personnel sent to render aid.
MR. RICHARD LEE, 76-981 Florida Avenue, Palm Desert, spoke to the City
Council, advising that he had a document signed by 150 residents on his street
about the extreme concern and displeasure with the current Fred Waring Drive
widening and sidewalk project along Florida Avenue. He said both projects were
going to severely impact his residence, purchased just three months ago without
disclosure of these projects. He implored the City Council to explain how this could
occur, citing the devaluation of his property with the soundwall to be built in his back
yard, which will eliminate his pool and landscaping, the tremendous traffic noise and
heavy truck impact, and the threat of vehicles leaving the roadway and crashing into
his and his neighbors' property. He said this was in addition to the loss of six feet
that would also be taken from the front yard with the sidewalk project. He
threatened to take legal action to compensate him for the impacts he will suffer.
MR. ANTHONY FRANTHCONI (sp?), 76-911 Florida Avenue, Palm Desert, said he
had the same issues as Mr. Lee, and he wished to go on record with the same
concern -- quality of life. He said it would be a freeway in his back yard; didn't
matter whether the home was soundproof, traffic noise was constant. He wanted
some compensation, such as double windows or whatever was needed to make
their life better. He also questioned how this process was approved without protest.
He, too, moved into his home only three months ago.
3
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005
MS. GINA SANDOVAL, resident of Florida Avenue, Palm Desert, said she
supported the prior two speakers. She also asked the City Council what would
happen to the value of her home once the traffic impact became even greater.
Mayor Crites asked staff to provide a report at the next meeting, responding to the
concerns expressed by the three speakers living on Florida Avenue.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE RIVERSIDE COUNTY SHERIFF=S
DEPUTY MICHAEL BARROS, ONE OF PALM DESERT'S OWN
RETURNING HEROES FROM OPERATION "IRAQI FREEDOM."
Palm Desert Assistant Chief of Police Steve Thetford called Deputy Barros to
the front of the Chamber and commented that he has seven years of law
enforcement service at the Palm Desert Station and 16 years of military
service, including current service in the Army Reserve. Further,
Deputy Barros is a Sgt. First Class assigned to Alpha Company of the 425tn
Civil Affairs Battalion, serving two tours during Operation Iraqi Freedom. The
first tour was spent training Military Police personnel who were preparing to
be deployed to Iraq. On the second tour, he was stationed in Baghdad to
lead a unit with a mission of stabilizing the Iraqi Government. Deputy Barros
survived several intense firefights with his unit, and during this tour, only
three of his men were wounded; fortunately, none were killed. The Palm
Desert Police, Sheriff's Department, and residents of the City were thankful
for his service and for his safe return to our community.
On behalf of the City Council and the citizens of Palm Desert, Mayor Crites
made a special presentation of an engraved brass platter and a $100 gift
certificate to Sullivan's Steakhouse to Deputy Barros, recognizing his service
to our country and to Palm Desert.
Upon Mrs. Gilligan=s request, Asst. Chief Thetford went on to report that
there had been a change in command in the Palm Desert Sheriff's Station;
former Captain Pat McManus had received a promotion to Chief Deputy of
West County Operations. The new Station Commander was Captain
Craig Kilday, who would also be Chief of Police for the City of Palm Desert.
Capt. Kilday is a 26-year veteran on the force, a great deal of that time from
the Palm Desert Station.
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Informational Item — Response to Residents Speaking at
Council Meeting 01-13-05 Regarding Fred Waring Widening
and Florida Avenue Sidewalk Projects
SUBMITTED BY: Public Works Department
DATE: February 10, 2005
CONTENTS: Transportation Engineer Report
Mail List for Public Meeting 03-31-04
Recommendation:
• Receive and file informational report.
• Initiate discussion regarding feasibility of Florida Avenue Sidewalk
Project.
Discussion:
At the City Council meeting on January 13, 2005 concerns were raised by residents
Richard Lee (it is believed this resident also goes by the name Rick Coster), Anthony
Fantacone, and Gina Sandoval. The following information is provided per City
Council's request. In addition, this report addresses concerns posed by resident
Andrew Bader, who has contacted the Public Works Department on multiple
occasions since January 14, 2005. In the following text we will bullet -point each
concern and offer our response:
• The City is acting without informing the public and giving the public due
process.
A public meeting was held in City of Palm Desert Council Chambers on March 31,
2004. Invitation notices were sent out to affected residents (mailing list attached).
A public meeting was held in the City of Indian Wells Council Chambers on May 6,
2004. Invitation notices were sent out to affected residents of Indian Wells and Palm
Desert, and included the addresses on Florida Ave.
G:IPubWorks1Staff Reports120051February 101lnformational Item Fred Waring Widening Project. doc
Staff Report
February 10, 2005
Page 2 of 4
Both cities have retained the services of WEC Corporation for project management,
which includes a designated Community Liaison. The Liaison has on two occasions
gone door-to-door to distribute letters from Michael Errante, and to date has
personally met with 54 of the 69 residents on Florida Avenue.
Our records indicate that Florida Avenue residents Lee (Coster), Fantacone, and
Sandoval purchased their properties after the time of the public meeting, which
becomes a disclosure issue between the buyer and the seller. Mr. Bader did attend
the meeting on March 31, as is evidenced by his name on the sign -in sheet.
At the meeting on March 31, display boards which were made specifically for the
meeting indicated the proposed alignment of the sound wall and roadway on Fred
Waring. These displays indicate the planned relocation of the existing Fred Waring
roadside curbing to approximately 7-14 feet northward, which is within the existing
right-of-way.
• The City is imposing easements which reduce the size of back yards.
The project plans conform to the display boards presented at the March 31 public
meeting. These displays clearly indicate the new sound wall will be placed exactly at
the existing wall location in most cases. In the cases where the wall location will
change, the resident will gain back yard square footage. In no case will any resident
lose back yard space, even though an easement does exist which would allow the
City to do so.
Private pools, spas, landscaping and other property will be damaged during
the new sound wall installation, with no recompense to the owners.
Photographs are being taken of existing affected back yards. Private property which
is damaged as a result of the project will be repaired at the City's expense. No pools
will be removed even though several are located within the public right-of-way.
• The Fred Waring widening will increase noise levels by cars and trucks.
The proposed sound wall will provide a noise barrier to help mitigate noise issues.
Additionally, the City's practice of using gap -graded rubberized asphalt will help
reduce the noise levels experienced by the residents.
Fred Waring Drive is a designated truck route and a regional arterial roadway over
which the City of Palm Desert does not have exclusive jurisdiction. The City
Transportation Engineer has prepared a report (included) addressing the restriction
of truck traffic along Fred Waring Drive. It is the conclusion of the staff that Fred
Waring Drive should remain a designated truck route in the City of Palm Desert.
As proven by our many successful roadway widening projects, noise levels will
actually be lower after completion of the project.
G:IPubWorksXStaffReportsl2005kFebruary 10Vnformational Item Fred Waring Widening Project.doc
Staff Report
February 10, 2005
Page 3 of 4
• The closer proximity of the road to the sound wall creates unsafe conditions.
It is the professional opinion of civil engineers involved in this project that the
proposed retaining wall will provide greater protection against vehicles leaving the
road than do the existing wooden fences and block garden walls. The double -wall
construction (one retaining wall, one sound wall) proposed for some areas of this
project would afford still greater protection. Closer proximity of the wall to the road
could result in quicker deflection of an errant vehicle.
• Speed will increase along Fred Waring Drive, creating unsafe conditions.
Speed limits are established according to the California Vehicle Code. Referring
again to the Transportation Engineer's report (included), the rules must be fair and
reasonable in order for responsible drivers to comply. In effect, it is the drivers who
decide the appropriate speed limit when they drive. It should be noted that other
portions of Fred Waring have been improved to six lanes with no increase in speeds.
• Property values will decrease.
As a result of the new sound wall the back side of properties will have an improved,
uniform appearance with an architectural treatment. Residents whose back yards
are increased may also experience an increase in property value as a result of this
increase. Other portions of Fred Waring have been improved to six lanes and there
has been no reduction in property value. Completing the ultimate widening at this
time may actually increase property values by removing any speculation regarding
potential future improvements.
Florida Avenue Sidewalk Project will destroy private property and result in
loss of land.
The public right-of-way extends to ten feet behind the curb. The proposed sidewalk
would be six feet wide; therefore, no private property will be damaged. Residents
who have installed private property within the public right-of-way (mailboxes,
decorative items) would be given the opportunity to move these items prior to the
beginning of construction.
However, due to the opposition to this project by the residents, staff has
reconsidered the various alternatives regarding the sidewalk on Florida Avenue:
1. The original plan was to build out toward the street; more current data has
shown there may be insufficient street width to consider this and it may
conflict with existing utilities.
2. Build the sidewalk behind the curb, which would result in disrupting the
residents and existing landscaping.
3. In lieu of building the sidewalk, sign the route so that bicyclists and
pedestrians can use the surface street on Florida Avenue.
G:IPubWorkslStaffReports120051February 1OVnformabonal Item Fred Waring Widening Project.doc
Staff Report
February 10, 2005
Page 4of4
Widening Fred Waring Drive will have no impact on pedestrian and bicycle volumes
on Florida Avenue. Pedestrians and bicyclists have traveled on the roadway on
Florida Avenue for 40 years without incident.
Given the above conditions, the expense of engineering and constructing the
sidewalk on Florida Avenue may not be justified against the benefits. The cost is
estimated at $300,000, while there has been no proven demand or benefit to
proceeding with the project.
Staff requests that Council initiate discussion on the alternatives for the sidewalk,
and is seeking direction so that a recommendation can be brought forth for action at
the next Council meeting.
SMy:W
Mark Gregnwood, P.E.
City Engineer
Approval:
Homer Croy
ACM for Development Services
Carlos Orteg
City Manager
Department ead:
(V
Michael Erdante, P.E.
Director of Public Works
Paul Gibson
Finance Director
/dhl
* By Minute Motion: 1) Received and CITY C'OUNCI� ACTION:
Filed the report; 2) authorized staff APPROVED ^` DENIED
to abandon the Florida Avenue sidewalk RECEIVED I fi lQd OTHER
project, as discussed in the report.
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G:IPubWorkslStaNReports120051February 1011nformational Item Fred Waring Widening Project.doc
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
D. REQUEST FOR APPROVAL OF PARCEL MAP 31563 (Holt Architects,
Applicant) (Continued from the meeting of January 27, 2005).
Mr. Greenwood said staff would like to schedule this item for a later date.
Councilman Spiegel moved to, by Minute Motion, continue the matter to a time
uncertain. Motion was seconded by Councilman Kelly and carried by a 4-0 vote, with
Councilman Ferguson ABSENT.
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF PARCEL MAP NO. 30342 (SGH Partners,
L.P./Premier Business Properties, Applicant).
Councilman Spiegel moved to waive further reading and adopt Resolution No. 05-6,
approving the Final Subdivision Map of Parcel Map No. 30342 and the agreement relating
thereto. Motion was seconded by Councilman Kelly and carried by a 4-0 vote, with Mayor
Pro Tern Ferguson ABSENT.
B. RESPONSE TO RESIDENTS REGARDING THE FRED WARING DRIVE
WIDENING AND FLORIDA AVENUE SIDEWALK PROJECTS.
Mayor Crites commended staff for the excellent explanation provided in the
report.
Councilman Spiegel moved to, by Minute Motion: 1) Receive and file the report;
2) authorize staff to abandon the Florida Avenue sidewalk project, as discussed in the
report. Motion was seconded by Councilman Kelly and carried by a 5-0 vote.
XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF THE EXCHANGE AGREEMENT
BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND
DESERT WELLS 237, LLC, FOR THE EXCHANGE OF APPROXIMATELY
0.86 ACRES LOCATED AT THE NORTHEAST CORNER OF PORTOLA
AVENUE AND FRANK SINATRA DRIVE (CONTRACT NO. R23430) (JOINT
CONSIDERATION WITH THE PALM DESERT
REDEVELOPMENT AGENCY).
Mr. McCarthy reported that this item reflected a neutral exchange between
two property owners, one being the Redevelopment Agency, and the other
is Desert Wells 237, LLC.
13
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