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HomeMy WebLinkAboutInfo Rprt - Mid-Valley Bike Path CMAQ Grant Funding CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Programming of Mid-Valley Bike Path Congestion Mitigation and Air Quality (CMAQ) Grant Funding SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: February 12, 2009 ATTACHMENT: Minutes and Agenda of September 29, 2008, CVAG Executive Committee Meeting Recommendation: By Minute Motion, receive and file. Discussion: At the January 22, 2009, City Council meeting, Mayor Spiegel requested an explanation of the deprogramming of$800,000 of CMAQ grant funds from the subject project. As you can see from the attached September 29, 2008, CVAG Executive Meeting Minutes (Section 13A), this action was taken to partially resolve the repayment of $5.1 million of CMAQ funds expended by SunLine required as a result of a Caltrans audit. Executive Committee Vice- Chair, Mayor Jean Benson, along with Chair, Mayor Mary Roche, represented the Executive Committee at a meeting with SunLine where funding options for repayment of CMAQ funds by SunLine were discussed. At its September 29, 2008, meeting, the Executive Committee approved the recommended option to deprogram the two lowest ranked SunLine projects ($1.8 million) and $800,000 of the $3 million programmed for the Mid-Valley Bike Path Project. The remaining SunLine CMAQ deficit of$2.5 million would come from future CMAQ grant funds. On December 11, 2008, City Council approved the shift of$1.1 million of CMAQ u d fr th � Fred Waring-Monterey Turn Pocket Project to the Mid-Valley Bike Path Project. A r s It f this and the above described action, the Bike Path Project now will have $3.3 illi n n A grant funds. The total estimated Bike Path Project cost is $6 mil on. Prepared By: Dep Head: C N u � �,; -y � e�. ��� ` � � O John rcia, P.E. Mark Gree ood P.E. � �' � Director of Public Works G `� � L Engineering Mana r �� � z � � ApprovaL C � �. � �� � � _ Homer Croy Paul Gibson � � a � .� ACM for Developm t ervi s Finance Director z �w. � � � � c�: w v � o ` � � � z zz � _ Ju 'n cCarthy � a � w `rw �`" �'" � " ting ity Manager F" ca".. w w � O n m w 'L VQ �: � azaa > O EXECUTIVE COMMITTEE, TECHNiCAL A�VISORY COMMITTEE & HOMELESSNESS COMMITTEE MEET[NG EXECUTIVE COMMITTEE MEMBERS TECHNICAL ADVI50RY COMMITTE� HOMELESSNESS COMMITTEE MEMBERS MEMBERS Clty of Blythe City of Cathedral City Vice Mayor Beverty Mays City of Blythe Councifinember Chuck Vasquez David Lane C�of Cathedral City City of Coacheila Mayor Kathy Oe Rosa City of Cathedral Cify Councilmember Jesse Villarreal Donatd Bradley Cify of Coachella City of Desert Hot S�rings Mayor Eduardo Garcia City of Coachella Councilmember Kar!Baker CVAG CHAIR Tim Brown CWAlR City of Indian Welis City of pesert Hot Sprinqs Councilmember Patrick Mullany Mayor Yvonne Parks City of Deseri Mot Sprinqs VICE CHAIR Rick Daniels City of Indian Welis City of Ind3o Mayor Mary Roche City of Indian Weils ARayor Lupe Ramos Watson Greg Johnson CMAIR City of india CounciEmember Ben Godfrey City of lndio City of La Quinta Glenn Southard Mayor Pro 7em Lee Osborne C�of La Quinta Mayor pon Adolph City of La Quinta City of Palm Desert Tom Genovese Mayor Jean Benson C�of Paim�esert Mayor.1ean Benson City of Palm Desert Cify of Palm Springs Carlos Ortega Mayor Pro 7em Ginny Foat City of Palm Springs Mayor Stephen Pougnet City of Palm Springs Cify of Rancho Mirage CVAG VICE CHAlR David Ready Councilmember Alan Seman CVAG VICE CHAIFt City of Rancho Mira,ge County of Riverside -- Mayor Ron futeepos CitY of Rancho Mirege Leticia De Lara Patrick Pratt CountY of Riverside NON-VOTtNG1EX-OFFICIO MEMBER5- Supervisor 8ob Buster CountY of Riverside Supervisor John Tavaglione Dan Martinez Coachetla Valley Rescue Mission Supervisor JeN Stone Darla Burkett Supervisor Roy Wilson Agua Caliente Supervisnr Marion Ashley Band of Cahuilla Indians Episcopal CommunIty Services Tom Davis Chuck Johnson Agua Catiente Band of Cahuilla indians Cabazon Band of Mission Indians Jewish Family Service of fhe Desert Chairman Richard Milanovich Paul Slama Dan Bass Cabazon Band of Mission Indians Torres Martinez Desert Jewish Family Service of San Diego Vice Chair David Roosevelt Cahullia lndians Linda Barrack Vacant Torres Ma�tinez Desert SafeHouse of the Desert Cahuilla Indians Kathy McAdara Chairman Raymond Torres Shelte�from the Storm Jeff Kramer The We11 In the Desert Le McClellan City of Palm Springs Dale Cook PLEAS� NOTE THAT ALL ITEMS ON THIS AGENDA MAY RESULT IN POSSIBLE ACTIQN TAKEN BY THE EXECUTIVE COMMITI"EE. TECHNICAL.ADVfSORY COMMITTEE, AND HOMELESSNESS COMMITTEE. THIS MEETING tS HANDICAPPED ACCESSIBLE The Meeting of CVAG's Executive Committee, Technical Advisory Committee, and Homelessness Committee is as follows: MONDAY, SEPTEMBER 29, 2008 4:00 P.M. CVAG OFFICES 73-714 FRED WARING DRIVE, SUITE 119 PALM DESERT, CALIFORNIA 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL OF EXECU7IVE COMMITTEE MEMBERS 3. ROLL CALL OF TECNNICAL ADVISORY COMMITTEE MEMBERS 4. ROLL CALL OF HOMELESSNESS COMMITTEE MEMBERS 5. FINALlL4TION OF AGENDA&AD�I710N5 AND REVISIONS — The Committees may adcf an item to the agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Committees subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Committees. lf there are less than 2/3 of the Committee members present, adding an item to the agenda requires a unanimous vote. 6. COMMITTEE MEMBERSIEXECUTIVE DIRECTOR COMMENTS 7. PUBLIC COMM�iVTS This is the time and place for any person wishing to address the Executive Committee to do so. 2 8. CORRESPONDENCE 9. HOMELESSNESS ISSUES 9A Funding Formula Recommendations for the Western Coachella Valley Homeless Multi- Service Center-Aurora WilsonlAmanda Keil Please See Pages 9- 14 STAFF RECOMMENDED MOTION:That the Executive Committee considerthe two recommended Technical Advisory Committee and Homelessness Committee funding formula opfions listed below and determine which formula will be used for the funding of the operatians of Phase I of fhe Western Coachella Vailey Multi-Service Center(MSC). Technical Advisory Committee:The funding formula presented as Option 2A using employment, population and standardized credit. (Meeting of September 12`h} Homelessness Commit�ee: That an alternative formula be cansidered using an "across the board"method equally dividing the total remaining Qperations of$1,023,$05 by the nine cifies and the Agua Caliente Tribe;with each party taking into consideration the abiiity to"write or raise"their contribution . The TAC should also be prepared ta formally discuss what they are able to commit far fiscal year 2009-10. (Meeting of September 17'h) 10. TECHNICAL ADVISORY COMMITTEE AND HOMELESSNESS COMMITTEE ANNOUNCEMENTS AND ADJOURNMENT ihe next meeting of the Technical Advisory Committee is scheduled for 10:00 a.m.on Friday, October 90,2008 at the CVAG offices, 73-710 Fred Waring Drive, Suite 119, Palm Desert. The next meeting of the Homelessness Committee is scheduled for 10:Q0 a.m.on Wednesday, October 75,2008 at the CVAG offices, 73-710 Fred Waring Drive, Suite 119, Palm Desert. - BREAK FOR DINNER 11. RECONVIENE OF EXECUTIVE COMMtTTEE MEETING AND PUBLIC COMMENTS 12. FINANCE ISSUES 12A Discussion of Audit Fielcf Work for Fiscal Year Ended June 30,2008,pursuant to Statements on Auditing Standards No. 114 (SAS 114) Please See Paqe 15 3 STAFF RECOMMENDED MOTION:That the Executive Committee discuss and provide input for the fiscal year financial audit to the independent financial auditors. 13. ADMINESTRA710N ISSIJES 93A Regional Clean Street Manag�ment Program -John Wohimuth Please See Paqes 16-21 STAFF RECOMMENDED MOTIOW: That the Executive Committee consider the July 28, 2008 Executive Committee direction to staff, the TAC recommendation of Sepfember 12, 2008, and the SSG/CVAG meeting recommendation of August 22, 2008. Technical Advisory Committee Recommendation: CONCURRED with the July 28, 2008 Executive Committee direction to staff requesting RCTC and Caitrans enter into a MOU and deprogram $2.8 million of CMAQ funds pragrammed for Sunl.ine. (Meeting of September'I2, 2008) SSGICVAG Meetinq Recommendation: At#his meeting, attendees representing the CVAG Executive Committee, (Mayor Roche and Mayor Benson}recommended RCTC and Caltrans en#er into a MOU and deprogram the two lowest ranked SunLine projects($1.6 Million)and $800,000 of the $3.135 programmed for the Palm Desert Bicycle Facility Project. The total to be deprogrammed in the CMAQ cycle would be$2.6 million. (Meeting of August 22, 2008} 13B Imperial Irriga#ion District(IID) Membership lssue -Jnhn Wohlmuth Please See Paqes 22-26 STAFF RECOMMENDEt] MOTIO[V: That the Executive Commi#tee receive,file, and direct CVAG genera! counsel and staff to draft a Memorandum of Understanding {MOU)between Imperial Irrigation Distric#(IID)and CVAG to allow IID's voting participation on the Energy and Environmental Resources Committee (E &E). — 13C Consider a$2,OU0 contribution to the Riverside County Water Task Force -John Wohlmuth Please See Pages 27- 30 STAFF RECOMMENDED MOTEON: That Executive Committee approve a$2,000 contribution to the Riverside County Wa�er Task �orce. Technical Advisory Committee: CONCURS (Meeting of September 12'") 13D Decision by Public Utititiss Commission to Order Overlay of 76Q Area Code -John Wohlmuth . Pfease See Pa es 31 - 40 4 STAFF RECOMMENDED MOTION:That the Executive Committee authorize the Chair to sign a letter of opposition to the Public Utifities Commission order for the proposed decision to overlay the 760 area code within the open comment period and recommend cities and other public and private agencies send comment letters opposing overlay. 94. HUMAN AND COMMUNITY RES�URCES ISSUES 14A Appointments to the Workforce Hosing Blue Ribbon Committee -Aurora Wilson Please See Pages 41 -43 STAFF RECOMMENDEb M(}TION: That the Executive Committee approve Recommendation fVumber One as presented to the Technical Advisory Committee on 9/12/08; OR Number Two as recommended by the Muman and Community Resources Committee at fheir 9/17/08 meeting: 1) Approve the appointment of#he initial roster as identified herein to the Workforce Housing Blue Ribbon Committee. Technical Advisory Committee: Concurs (9/12/08) 2) Human and Communitv Resources Committee:Concurs with the addition of Dick Oliphant and recommends that the Committee remain nan partisan without elected officials or their representatives. (9/17/Q8) 15. ENERGY AND ENVIRONMEN7AL RESOURCES ISSUES 15A Considera#ion of an Agreement Between the Coachella Valley Conservation Commission and Coachella ValEeyAssociation of Governments forAdministration ofthe Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) - Katie Barrows Please See Paqes 44- 51 STAFF RECOMMENDED MOTION: That the Executive Committee approve the attached - agreement with the Coachella Valley Conservation Cammission for administrative services for the CVMSHCP, Technical Advisory Commitfee: CONCURS (Meeting of September 12`h) Enerqy&Environmental Resources Committee: C�IVCURS (Meeting of September 'E 2'h) Coachella Valley Conservation Commission: APPROVES (Meeting of September 11) 15B Report on Coachella Valley Conservation Commission Palicy for Initial Implementation of the Local Deve[opment Mitigation Fee -Jim Sullivan P(ease See Paqes 52- 54 STAFF RECOMMENDED MOTIOfV: That the Executive Committee receive and file this report. 5 16. TRANSPORTATION ISSUES 1GA Consider Sole Source Award of Contractto Update the CVAG Non-Motorized 7ransportation Plan -Allyn Waggle Please See Pages 55-61 STAFF RECOMMENDED MOTION: That the Executive Committee Approve a Sole Source Contract with Ryan Snyder Assaciates in the Amount of $80,000 to Update the CVAG Non- Matorized Transportafion Plan and fo Prepare Bicycle Transportation Plans for each of CVAG's Jurisdictions. 7echnical Advisory Committee: CONCURS {Meeting of September 12'") Transportatian Committee: CONCURS (Meeting of September 8"') 96B Consider Am�ndment to Agreement for the Canstruction af Interstate 10 Ramp Improvements at Monterey Avenue -Allyn Waggle Please See Pages 62-64 STAFF RECOMM�NDED MOTION: That the Executive Cammittee Apprave an Agreement with the Ci#y of Palm Desert for the Canstruction of J-Hook Ramp Improvements on Interstate 10 at Monterey Avenue in the Amount of$4,050,Q00. Technical Advisory Committee: CONCURS (Meeting of September 12'h) Transportation Committee: CONCURS (Meeting of September 8'h) 37. CONSEfVT CALENDAR APPROVAL 17A Approval of the Ju[y 28, 2008 Executive Committee Meeting Minutes Please See Pa�es 65-74 STAFF RECOMMEIVDED MOTION: That the Executive Commit#ee approve fhe July 28, 2008 Executive Committee Meeting Minutes. 17B Revised Lease Agreement for Bus for Services and Overnight Shelter (SOS) Program - Consent Calendar Please See Paqes 75 -79 STAFF RECOMMENDEb MOTI4�I: That the Executive Committee approve the revised Lease Agreement between CVAG and Jewish Family Setvice of San Diego forthe Services and Overnight Shelter(SOS) Program. � Technical Aclvisory Committee: CONCURS (Mee#ing of September 8`") Homelessness Committee: CONCURS (Meeting of September 17'�} 6 17C Approval of Amendment for Off Highway Vehicie Cooperative Enforcement Pfease See Pages 80- 82 STAFF RECOMMEND�D MOTION:That the Executive Committee approve the Amendment One for the agreement for Off Highway Vehicie Enforcement. Technical Advisory Committee: CONCURS (Meeting of September 8`h) Public Safety Committee: CONCURS (Meeting of September 12'n) 17D Consideration af an Extension of a Tolling Agreement with Wind Energy Partnership, LLP and Steven H. Christensen Trust regarding the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP) Please See Paqes 83-87 STAF'� RECOMMEfVDED MOTION: 3hat the Executive Committee approve a Sixth Tolling Agreement with Wind Energy Partnership, LLP and Steven H. Christensen Trust from September 29,2008 to January 29,2009 related to the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSMCP}. 17E Authorization for Continued Engagement of Best, Best and Krieger for work an the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP) -Katie Barrows Please See Pages 88- 95 STAFF RECOMMENDED MOTION: 7hat the Executive Committee authorize continued engagement for worfc nat tg excsed$25,Q00 with Best, Best and Krieger to provide legal services for MSHCP comple#ion. 7echnicat Advisory Committe�: CONCURS (Meeting of September 12�') Energy 8 Environmental Resources Committee: CONCURS (Meeting of September 12'h) RECEIVE AND FILE 17F TUMF Collections REport Fisca[Year 2007108 -June 30, 2008 Please See Paqes 96 - 104 STAFF RECOMMENDED MOTIOIV: Receive and File. 17G CVAG Regional Arterial Program -Contract Status Report as of August 31, 2008 Please See Paqes 105 - 146 STAFF RECOMMENDED MOTION: Receive and �ile. 7 17H CVAG Regional Arterial Program -Cash Flow Projection 7hrough the End of FY 2b12113 Please See Paqe 147 INFORMATION 171 Executive Cammittee and Technicat Advisory Committee Attendance Roster Please See Paqe 108 18. CLOSED SESSION 18A CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION Pursuant to Government Code Section §54956.9(a} Name of Case: Mary Justice vs. CVAG 19. ANNOUNCEMENTS The next meeting of the Executive Committee is scheduled for 6:00 p.m.on Monday,October 27, 2008 at the CVAG offices, 73-710 Fred Waring Drive, Suite 119, Palm Desert. 8 EXECUT[VE COMMITTEE MINUTES OF THE MEE7ING SEPTEMBER 29,2008 19. CALL TO ORDER The Executive Committee reconvened from a dinner break which was proceeded by a joint meeting of the Executive Commi#tee, Technicaf Advisory Committee, and Homelessness Committee at 6:00 p.m. A roll call of the members was determined as was a quorum. Those in attendance were as follows: MEMBERS PRESENT AGENCY Vice Mayar Beverly Mays City af Blythe Mayar Kathy�eRosa City of Cafhedral City Mayor Eduardo Garcia City of Coachella Mayor Yvonne Parks City of Desert Hat S prings Council member Patrick Mullany City of Indian Wells Councilmember Ben Godfrey City ofi lndio Mayor Dan-Adolph City of La Quinta Mayor Jean Benson City of PaEm Desert Mayor Stephen Pougnet City of Palm Springs Councilmember Alan Seman City of Rancho M irage Supervisor Roy Wilson County of Riverside Supervisor Marion Ash�ey County of Riverside Tribal Chair Richard Milanovich Agua Caliente Band of Cahuilla I ndians MEMBERS NOT PRESENT AGENCY 2"d Tribal Vice Chair David Roosevelt Cabazon Band of Mission Indians Tribal Chair Raymond Torres Torres Martinez Desert Cahuil la Indians NON-VOTING MEMBERS PRES�NT AGENCY Councilmember Greg Pettis City of Cathedral Gity � Mayor Pro Tem Melanie Fesmire City of Indio Don Bradley City of Cathedral City Tim Brown City of Coachella Rick Daniels City of Desert Hot Springs Greg Johnson City of lndian Wells Glenn Southard City of Indio Tom Genovese Cify of La Quinta Homer Croy City of Palm Desert David Ready City of Palm Springs Patrick Pratt City of Rancho M irage Dan Martinez County of Riverside Tom Davis Agua Caliente Band of Cahuifla Indians 07HERS PRESENT Executive Committee Minutes of September 29, 2008 Michael Barnard Deser#Samaritan Jan Davison City of Cathedral City Alibaba Farzaneh ABF Dean Gray Desert Valiey Star.com Steven Hemandez County of Riverside Edie Hylton City of La Quinta Mary Justice Property Owner Mikel Oglesby SunLine Transit Agency Nitin Patei Diehl Evans & Company Frankie Riddle City of Palm Desert Arnold San Miguel SCAG Ron Stewart County of Riverside DPSS Mark Wasserman City of Indio David Willmon League of California Ci ties Vincent Yzaguirre Caunty of Riverside STAFF PRESENT John Wohlmuth Allyn Waggle Gary Leang Katie Barrows Jim Sullivan Amanda Keii David Zacker Carol Clapper Joanna Stusckle Anastacio De La Cruz Toni Eggebraafen CVAG Legal Counsel Chairman Garcia sought additional public comment. There were no further comments made by the public. 12. FINANCE ISSUES 12A Discussion of Audit Field Work for Fiscal Year Ended June 30, 2p08, pursuant to � Statements on Auditing Standards Na. 1'!4(SAS 194)-Gary Leong Nitin Patef, Diehl Evans & Company, gave a report on auditing standards according to SAS 114. Mr. Patel discussed the responsibilities of the auditor as well as the scope of work. Councilmember Alan Seman asked if CVAG had an audit committee. Mr.Wohlmuth reported thaf CVAG has an investment committee which stems from the l"echnical Advisory Committee. Councilmember Seman indica#ed that if a separate audit committee is formed, Mayor Ron Meepos would be interested in s erving on tha#committee. No action was taken. Executive Committee Minutes of 5eptember 29, 2008 13. ADMINISTRATION ISSUES 13A Regional Clean Street Management Pragram -John Wohfmuth Mr. Wohimuth reported that in a closed session on July 28"', the Executive Committee discussed the frndings of a Cal#rans audit which identified a $5.1 million issue regarding the street sweeping contract with SunLine. Mr. Wohlmuth also reported that after some discussion, the Executive Committee directed staff to enter into a MOU with Caltrans which repaid FHWA the$5.1 million. CVAG sent a letter to RCTC discussing deprogramm ing $2.8 million of CMAQ funds during this cycle to repay Caltrans. Mr.Wohlmu#h indicated that SunLine met regarding the issue as well. They also sent a letter to RCTC asking that SunLine and CVAG be allowed to resolve the issues withaut involvement by RCTC. SunLine also requested a meeting between two members from the Executive Committee,their Chair and Vice Chair. Mayor Roche and Mayor Benson represented CVAG's Executive Committee where options for repayment were discussed. Mr.Wohlmuth discussed the various optians briefly and indicated that the option agreed upon was the deprogramm ing of the twa iowest ranked projects,as welf as approximately$800,Q00 af the Palm Desert Bike Lane Project. The remaining $2.�'�nillion would come out of future CMAQ funding. Mr. Wohlmuth reported that Mike Oglesby and Mayor Pro Tem Bud Engfand were at the meeting to discuss their recollection of the meeting. Mr. Wohlmuth also stated that a new letterfrom Mr.Oglesby had been p[aced before each member priorto the Executive Committee meeting. Mayor Benson stated that various op#ions were discussed and this seemed to be the tairest, most equitabte option. Mayar Pro Tem England,Vice Chair of SunLine, briefly discussed how SunLine Transit effects everyone and that the TAC recommendation effec#s each community. Mayor Pro Tem England added that the TAC recommendation would force the SunLine Board #o eliminate Line 54 and that deprogramming the lawest ranked projects would be his recommendation. Mr. Ogfesby reported that this action would still effect Line 54, which is services College of#he Desert in Indio and Pa[m Desert, as well as the Westfield Mall. The discussion continued regarding other possibilities that may satisfy Caltrans. Mr.Wohlmuth indicated #hat RCTC is seeking%2 of the funds in this cycle and %2 in a future cycle of CMAQ funding. Toni Eggebraaten sugges#ed that this body has to have a recommendation for RCTC to consider and that without adequate numbers, it may be difficult for the RCTC Board to r consider any option. IT WA5 MOVED BY MAYOR DE ROSA AND SECONDED BY MAY�R POUGNET TO RECOMMENDED RCTC AND CALTRANS ENTER 1NT0 A MOU AND DEPROGRAM THE TWQ LOWEST RANKED SUNLINE PROJECTS {$'[.8 MILLION) AND $800,000 OF THE $3.�5-PROGRAMMED FOR THE PALM DESERT BICYCLE FACILITY PROJECT. THE TOTAL TO BE DEPROGRAMMED IN THE CMAQ CYCL.E WOULD BE$2.6 MILLION. THE MOTION CARRIED. 13B Imperial Irrigation Districf(i1D) Membership Issue-John Wohlmuth M r.Wohlmuth indicated that staff had been working with I I D staff on a way that would allow I!D ta participate at CVAG. Both CVAG staff and IID staff agreed that the most appropriate committee for IID par�icipation wauld be the Energy and Environmental Resources Committee Executive Committee Minutes of September 29, 2008 (E & E). Mr. Wohlmuth indicated#hat staff would bring bac[c an MOU for consideration if this is the direcfion of the Executive Committee. 17 WAS MOVED BY SUPERVISQR WILSOfV AND SECONDED BY MAYOR AQOLPH TO REC�IVE, FILE, AND DIRECT CVAG GEN�RAL COUNSEL AND STAFF TO DRAFT A MEMORANDUM OF UNDERSTANDfNG (MOU) BETWEEN IMPERIAL IRRIGATION DIS7RICT(IfD)AND CVAG TOALLOW IfD'S VOTING PARTICIPATION ON THE ENERGY AND ENVIRONMENTAI�RESOURCES COMMITTEE (E &E). TWE MOTION CARRIED. 13C Consider a $2,000 contribution to the Riverside County Water Task Force - John Wohlmuth 17' WAS MOVED BY COUNCILMEMBER GODFREY AND SECONDED BY MAYOR DE ROSA TO APPROV� A $2,000 Cf�NTRIBUTION TO THE RIVERSIDE COUN7Y WATER TASK FORCE. THE MOTION CARRIED. 13D Decision by Public Utilities Commission to Order Overlay of 760 Area Code - John Wohlmuth Mr. Wohlmuth reported that in April,the PUC decided to split the 760 area code, creating an overlay of the area code number. The new area code number would apply ta new numbers in the area. If this decision stays,there would be a need to dial ten numbers to call within the area code. CVAG is requesting a Ietter be sent seeking a split in area code and nat an ove�lay. IT WAS MOVED BY MAYOR DE ROSA AND SECONDED BY MAYOR BENSON TO AUTHORIZE 1'HE CHAIR TO S[GN A LETTER OF OPPOS1710N TO THE PUBLIC UTIl.[TIES COMMISSION ORDER FOR THE PROPOSED DECISION T��VERLAYTHE 760 AREA CODE WITHIN THE OPEN COMMENT PEREOD AND RECOMMEND CITIES AND OTHER PUBLIC AND PRIVATE AGENCfES SEND C�MMENT LETTERS OPPOSING OVERL.AY. THE MOTION CARRIED. 14. HUMAN AND COMMUNITY RESOURCES ISSUES 14A Appointments to the Workforce Housing Bfue Ribbon Committee-Aurora Wilson — Ms. Wilson reported that community leaders came together to discuss the Blue Ribbon Committee membership. At the Human and Community Resources Committee meeting, members agreed to the list of suggested members with the addition of Dick Oliphan# as member, and to make the membership non-partisan. Supervisor Wilson suggested that the Agua Calientes Band of Cahuilla Indians be allowed to have a member on the committee as it was the Tribe #hat started this project. After a discussion of additional mem8ers,the Executive Committee added Dick Oliphant,Tom Davis, Christine Iger, Jerry Pa#in, Steve Brown, and Jamie Hurtado to the Blue Ribbon Committee. IT WAS MOVED BY MAY(?R DE ROSA AND SECONDED BY MAYOR ADOLPH TO APPROVE APPOINTMENT OF THE INITIAL ROSTER AS IDENTIFIED TO THE Executive Committee Minutes of September 29, 200$ WQRKFORCE NOUSING BLUE RIBBON COMMITTEE WI7H THE ADDITIDNS OF DICK OLIPHANT,TOM DAVIS,CNRISTINE tGER,JERRY PA7TIN,STEVE BRQWN,AND JAIME HUR7AD0;AND THAT THE COMMITTEE REMAtN NON PARTISAN W[THOUT EL�C7Eb OFFICIALS OR THE[R REPRESENTATIVES.THE MOTION CARRIED. 95. ENERGY AND ENVIRONMENTAI. RESOURC�S ISSUES 15A Consideration ofan Agreement Between the Coachella Valley Conservafion Commission and Coachella Valley Association of Governments for Administration of the Coachella Valiey Multiple Species Habitat Conservation Plan (CVMSMCP)- Katie Barrows Katie Barrows reported that this agreement cernented a formal relationship between CVAG and the Coachella Valley Conservation Commission (CVCC}. 5taff is recommending a five year cammitment, adding that the scope of work and the agreement are in the agenda for consideration. Ms. Barrows was asked if there is an anticipation of additional staff. Ms. Barrows indicated that there is an accaunting staff member budgeted in the current fiscal year budget. Mr.Wohlmuth indicated that this posifion was not going to be fi Iled until #he permits were in place. IT WAS MOVED BY SUPERVI50R WILSON AND SECONDED BY COUNCILMEMBER GODFREY TO APPROVE THE ATTACHED AGREEMENT WI7H THE COACHELLA VALL�Y CONSERVATtON COMMISSION FOR ADMIN[STRATIVE SERVICES FOR THE CVMSHCP. THE MOTION CARRIED WITN THE AGUA CALIENTE BAND OF CAHUILLA INDIANS AND THE CITY OF DESERT HOT SPRINGS ABSTAINING FROM THE VOTE. 15B Report on Coachella Valley Conservation Commission Po[icy for Initial Implementation of the Local Develapment Mitigation Fee-Jim Su[livan Jim Sullivan reported that the clarifications to the mitigation fee ordinance was being considered by the CVCC. Mr. Sullivan also reported that the CVCC membership discussed which projects would be exempted due to whether the praject had existing permits and were being improved before the October 1, 2008 permit issuance. Members also discussed the difference befinreen grading permits and building permits. Mr.Sullivan reported that the CVCC members were inclined to acc�pt issuance of grading permits and indicated that he would be _. training staff members from the jurisdictions. IT WAS MOVED BY PATRICK MULLANY AND SECONDED BY SUPERVISOR WILSON TO RECEIVE AND FILE THIS REPORT. THE MOTION CARRIE�. 16. TRANSP�RTATION 1SSUES 16A Consider Sole Source Award of Contract to Update the CVAG Non-Motorized Transportation Plan -Allyn Waggle IT WAS MOVED BY COUNCILMEMBER GObFREY AND SECONDED BY MAYOR ADfJLPH TO APPROVE A SOLE SDURCE CONTRACT WITH RYAN SNYDER ASSOCIATES IN THE AMOUNT OF $80,400 TO UPDATE THE CVAG NON-MOTORlZED TRA{VSPORTAT[ON Executive Committee Minutes of September 29, 2008 PLAN AiVD TO PREPARE BICYCLE TRANSPORTATf01� PLANS FOR EACH QF CVAG'S JURISDICTIONS. THE MOTlON CARR[�D. 16B Consider Amendment to Agreement for the Construction of interstate 10 Ramp Improvements at Monterey Avenue-AIEyn Waggle Allyn Waggie reported tha# the correct staff report had been dis#ributed to membsrs electronical ly and again this eveni ng prior to the start of the rrieeting. Mr.Waggle reported that the City of Palm besert was requesting additional funds for #he (nterstate 10 ramp improvements on M onterey Avenue as the cost of construction had i ncreased. A discussion ensued regarding CVAG's cash flow for construction of projects. Mr. Waggle indicated that there was a positive balance in the cash ffow report and that CVAG staff maintains an updated balance internalEy. C ash flow reports are ais o distributed to members on an every-other-month basis. Mr.Waggle also reported that the Executive Commitfee has approved a TU MF fee that would provide for#he funding of T PPS projects. Mayor Parks expressed concern that if this project moves forward, the interchange projects may be affected. Mr. Wohlmuth reported that the prodding consultant is working on the interchange projects in an effort to m ove them forward. IT WAS MOVED BY MAYOR POUGNET AND SECONDED BY MAYOR DE ROSA TO APPROVE AN AMENDMENT TO THE AGREEMENT WITH THE CITY�F PALM DESER7 FOR THE CONSTRUC710N OF RAMP IMPROVEMENTS AT THE MONTEREY AVENUE INTERCHANGE ON INTERS7ATE 10 IN 7iiE ADDITIONAL AMOUNT OF$1,900,000,FOR A TOTAL COMMITMENT OF $5,150,000. THE MOTION CARRIED. 17. CONSENT CALENDAR APPROVAL 17A Approval of the July 28, 2008 Executive Committee Meeting Minutes IT WAS MOVED BY SUPERVISOR WILSON AND SECONDED BY MAYOR ADOlPH TO _. APPROVE THE JULY 28, 2008 EXECUTIVE COMMITTEE MEETING MINUTES. THE M�TION CARRIED. 17B Revised Lease Agreement for Bus for Services and Overnight Shelter{SOS) Program- Consent Calenctar IT WAS MOVED BY SUPERVISOR W[LSC)N AND SECONDED BY MAYOR ADOLPH TO APPROVE THE REVISED LEASE AGREEMENT BETWEEN CVAG AND JEWISH FAMILY SERVICE OF SAN DIEGO FOR THE SERVICES AND OVERNIGFIT SHELTER (SOS) PROGRAM. TWE MOT(ON CARRIE D. 17C Approval of Amendment for Off Ftighway Vehicle Cooperative Enforcement IT WAS M�VED BY SUPERVISQR WIlSON AND SECONDED BY MAYOR AD(}LPH TO APPROVE AMENDMENT ONE TO THE AGREEMENT FOR OFF HIGHWAY VEHICLE Executive Committee Minutes of September 29, 2008 �NFORCEMENT. THE MOTION CARRIED. 17D Consideration of an Extension of a Tolling Agreement with Wind Energy Partnership, LLP and Steven H. Christensen Trust regarding the Coachella Vatley Multipie Species Habitat Conservation Plan (MSHCP) IT WAS MOVED BY SUPERVlSOR WILSON AND S�COHDED BY MAYOR ADOLPW TO APPR�VE A SIXTH TOLLING AGREEMENT WITH WIND ENERGY PARTNERSHIP, LLP AND STEVEN H.CHRISTENSEN TRUST FROM SEPTEMBER 29,2008 TO JANUARY 29, 2009 RELATED TO THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATiON PLAN (CVMSHCP). THE MOTIDN CARRIED WITN SUPERVISOR ASHLEY ABSTAINING FROM THIS VOTE. 1%E Authorization for Continued Engagement of Best, Best and Krieger for work on the Coachella Valley Multiple Species Wabitat Conservation Plan(MSHCP)-Katie Barrows IT WAS MOVED BY SUPERVISOR WILSON AND SECONb�D BY MAYOR ADOLPH TO AUTHC)RfZE CONTtNUED ENGAGEMENT FOR WORK NOT TO EXCEEp $25,Od0 WITH BEST,BEST AN�KRIEGER TO PROVIDE LEGAL S�RVICES F�R MSHCP C4MPLETION. THE MOTION CARRIED. RECEIVE AND FIL.E 17F TUMF Coltections Report Fiscal Year 2007/08-Jun e 30,2008 IT WAS MOVED BY SUPERVtSOR WILSON AND SECONDED BY MAYOR ADOLPH TO RECEIVE AND F[LE THE TUMF COLLECTIONS REPOR7 FISCAL YEAR 2007/08-JUNE 30, 20d8. THE MOTION CARRIED. 'i7G CVAG Regional Arterial Program-Contract Status Report as of August 31, 2Qp8 IT WAS MOVED BY SUP�RVISOR WILSOIV AND SEC�NDED BY MAYOR ADQI.PH TO RECEIVE ANQ FILE THE CVAG R�GIONAL ARTERIAL PROGRAM-CONTRACT STATUS REPORT AS OF AUGUST 31, 2008, THE MOTION CARRIED. 17W CVAG Regional Arterial Program-Cash Flow Projection 7hrough the End of FY 2Q12/13 IT WAS MOVED BY 5UPERVISOR WILSON AND SECONDED BY MAYOR ADOLPH TO RECE[VE AND FILE THE CVAG REGIONAL ARTERIAL PROGRAM - CASH FLOW PROJECTION THROUGH THE END OF FY 2�12/13. THE MOTION CARRIED. 1NFORMAT(ON 171 Executive Comtnittee and Technical Advisory Committee Attendance Raster This item is placed in the agenda for member information. Executive Committee Minutes of September 29,2008 18. CLOSED SESSION 18A CONFERENCE WITH I.EGAL CDUNSEL-EXISTING LITlGATION Pursuant to Government Code Section §54956.9(a) Name of Case: Mary Justice vs. CVAG The Executive Committee adjourned into closed sess ion at 6:58 p.m. and reconvened at 7:04 p.m. No action was taken on this item. 19. ANNOUfVCEMENTS The next mee#i ng of the Executive Committee is scheduled for 6:00 p.m.on Monday, October 27, 2008 at the CVAG offices, 73-710 Fred Waring Drive, S uite 119, Pal m Desert. 20. ADJOURN MENT There being no further business,the meeting was adjourned at 7:05 p.m . Respectfully Submitted, Joanna Stueckle Executive Assistant Executive Committee Minutes of September 29,2008