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2017 03 07 CC4 awe' - — GEM of the DESERT — City Council agendas and staff reports are available on the City's web page: www.la-quinta.org CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, MARCH 7, 2017 3:00 P.M. CLOSED SESSION 4:00 P.M. OPEN SESSION CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CONFIRMATION OF AGENDA CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT: SILVERROCK RESORT (APNs 770-200-026; 776-150-021; 776-150-023; 770-060-056; 770-060-057; 770- 060-058; 770-060-059; 770-060-061; 770-060-062; 777-490-004; 777-490-006; 777-490-007; 777-490-012; 777-490-014 CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER NEGOTIATING PARTIES: ROBERT S. GREEN, SILVERROCK DEVELOPMENT COMPANY UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR THE SALE OF REAL PROPERTY CITY COUNCIL AGENDA 1 MARCH 7, 2017 CITY COUNCIL AGENDA 2 MARCH 7, 2017 2. Continued from February 21, 2017 meeting >>> PUBLIC EMPLOYEE PERFORMANCE EVALUATION (QUARTERLY REVIEW) PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION – CITY MANAGER RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. REPORT ON ACTIONS(S) TAKEN IN CLOSED SESSION PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS - NONE CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE MINUTES OF FEBRUARY 21, 2017 7 2. APPROVE MINUTES OF FEBRUARY 23, 2017 SPECIAL JOINT MEETING OF CITY COUNCIL, CITY BOARDS, AND CITY COMMISSIONS 17 3. APPROVE DEMAND REGISTERS DATED FEBRUARY 17 AND 24, 2017 21 4. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31, 2016 39 5. ADOPT A RESOLUTION DESIGNATING SPEED LIMITS FOR CERTAIN STREETS [RESOLUTION NO. 2017-005] 43 6. ADOPT A RESOLUTION TO REAFFIRM ADOPTION OF ANNUAL ASSESSMENT FOR COUNTY SERVICE AREA 152; AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS; AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS [RESOLUTION NO. 2017-006] 49 7. ADOPT A RESOLUTION TO APPROVE FINAL PARCEL MAP NO. 36964 55 CITY COUNCIL AGENDA 3 MARCH 7, 2017 LOCATED AT THE SOUTHEAST CORNER OF CALLE QUITO AND AVENIDA LA JARITA; AND FIND THE PROJECT EXEMPT PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTIONS CLASSES 3, 15, AND 32 [RESOLUTION NO. 2017-007] 8. APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH HERMANN DESIGN GROUP FOR ON-CALL PROFESSIONAL LANDSCAPE ARCHITECTURAL SUPPORT SERVICES 83 9. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE THE TENNIS AND PICKLEBALL COURT CONVERSION IMPROVEMENTS AT FRITZ BURNS PARK 91 BUSINESS SESSION 1. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING CHAPTER 5.90 AND ADDING CHAPTER 5.91 TO THE LA QUINTA MUNICIPAL CODE, RELATING TO THE REGULATION OF THE DELIVERY OF MEDICAL CANNABIS IN THE CITY AND CONFORMING AMENDMENT PURSUANT TO STATE ADULT USE OF MARIJUANA ACT [ORDINANCE NO. 555] 97 2. APPROVE LEGISLATIVE POLICY GUIDE UPDATE 117 3. CONSIDER ANNUAL MEMBERSHIP WITH THE COACHELLA VALLEY ECONOMIC PARTNERSHIP 127 STUDY SESSION 1. DISCUSS FORMATION OF MEASURE G SALES TAX CITIZEN OVERSIGHT BOARD 135 2. DISCUSS SHORT-TERM VACATION RENTAL PROGRAM 2016 PROGRESS AND 2017 GOALS 137 3. DISCUSS NORTH LA QUINTA LANDSCAPE RENOVATION 145 PUBLIC HEARINGS – 5:00 P.M. For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues you or someone CITY COUNCIL AGENDA 4 MARCH 7, 2017 else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. 1. ADOPT A RESOLUTION TO APPROVE AMENDMENT 2 TO THE OLD TOWN LA QUINTA SPECIFIC PLAN 2016-0002 (SP 2002-058) REMOVING THE VILLAS AT OLD TOWN PART B AND FIND THE SPECIFIC PLAN AMENDMENT EXEMPT PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT SECTION 15183 PROJECTS CONSISTENT WITH A COMMUNITY PLAN, GENERAL PLAN OR ZONING [RESOLUTION NO. 2017-008] 149 DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY RESOURCES 5. DESIGN AND DEVELOPMENT 6. FACILITIES 7. FINANCE – COUNTY SUCCESSOR AGENCY BOND REFUNDING 229 MAYOR’S AND COUNCIL MEMBERS’ ITEMS REPORTS AND INFORMATIONAL ITEMS 1. CVAG COACHELLA VALLEY CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. EAST VALLEY COALITION (Evans) 5. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 7. COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE (Evans) 8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Radi) 10. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Fitzpatrick) 11. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick) 12. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Fitzpatrick) 13. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick and Radi) 14. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick and Peña) 15. CANNABIS AD HOC COMMITTEE (Peña and Sanchez) 16. CVAG PUBLIC SAFETY COMMITTEE (Peña) 17. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña) 18. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Peña) 19. CVAG TRANSPORTATION COMMITTEE (Radi) 20. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) (Radi) CITY COUNCIL AGENDA 5 MARCH 7, 2017 21.SUNLINE TRANSIT AGENCY (Radi) 22. DESERT SANDS SCHOOL DISTRICT COMMITTEE (Radi and Sanchez) 23. ANIMAL CAMPUS COMMISSION (Sanchez) 24. IID ENERGY CONSUMERS’ ADVISORY COMMITTEE (Sanchez) ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on March 21, 2017 commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Susan Maysels, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chambers at 78-495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on March 3, 2017. DATED: March 3, 2017 SUSAN MAYSELS, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk’s office at 777- 7103. A one (1) week notice is required. If background material is to be presented to the Councilmembers during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the City Council regarding any item(s) on this agenda will be made available for public inspection at the Community Development counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. 6 CITY COUNCIL MINUTES 1 FEBRUARY 21, 2017 CITY COUNCIL MINUTES TUESDAY, FEBRUARY 21, 2017 A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON AGENDA - None CONFIRMATION OF AGENDA Councilmember Peña asked that Consent Calendar Item No. 5 be pulled for a separate vote. Council concurred. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1). ALVERIZ ET AL. V. CITY OF LA QUINTA ET AL., RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC 1503161; BARTON ET AL. V. CITY OF LA QUINTA ET AL., RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC 1505200 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CHRIS ESCOBEDO, DIRECTOR OF COMMUNITY RESOURCES; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES ASSOCIATION 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT: SILVERROCK RESORT (APNs 770-200-026; 776-150-021; 776-150-023; 770- 060-056; 770-060-057; 770-060-058; 770-060-059; 770-060-061; 770-060- 062; 777-490-004; 777-490-006; 777-490-007; 777-490-012; 777-490-014 CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER NEGOTIATING PARTIES: ROBERT S. GREEN, SILVERROCK DEVELOPMENT COMPANY UNDER NEGOTIATION: PRICE AND TERM OF PAYMENT FOR THE SALE OF REAL PROPERTY 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (QUARTERLY REVIEW) PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION – CITY MANAGER CONSENT CALENDAR ITEM NO. 1 7 CITY COUNCIL MINUTES 2 FEBRUARY 21, 2017 COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:04 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported that no actions were taken in Closed Session on Item Nos. 1 or 2 that require reporting pursuant to Government Code section 54957.1 (Brown Act). Mr. Ihrke explained that the Council will return to Closed Session at the end of the open session to take up discussions on Item Nos. 3 and 4. PLEDGE OF ALLEGIANCE Councilmember Fitzpatrick led the audience in the pledge of allegiance. PUBLIC COMMENT ON MATTERS NOT ON AGENDA - None CONSENT CALENDAR 1. APPROVE MINUTES OF FEBRUARY 7, 2017 2. ADOPT ORDINANCE NO. 554 ON SECOND READING AMENDING THE LA QUINTA MUNICIPAL CODE BY ADDING THE REQUIREMENT FOR LANDSCAPE-RELATED BUSINESSES TO COMPLETE A COURSE ON OVERSEEDING ALTERNATIVES AND WATER EFFICIENCY TO CHAPTER 3.28 BUSINESS LICENSES AND CHAPTER 8.13 WATER EFFICIENT LANDSCAPING 3. AUTHORIZE OVERNIGHT TRAVEL FOR COMMUNITY RESOURCES DIRECTOR AND HUMAN RESOURCES ANALYST TO ATTEND THE LIEBERT CASSIDY WHITMORE PUBLIC SECTOR LAW CONFERENCE IN ANAHEIM, CALIFORNIA, MARCH 8 – 10, 2017 4. AUTHORIZE OVERNIGHT TRAVEL FOR DESIGN AND DEVELOPMENT DIRECTOR/CITY ENGINEER TO ATTEND LEAGUE OF CALIFORNIA CITIES PUBLIC WORKS OFFICERS INSTITUTE IN SAN DIEGO, CALIFORNIA, MARCH 22 – 24, 2017 5. pulled by Councilmember Peña for a separate vote >>> APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH DAHL CONSULTANTS, INC. TO DESIGN THE REQUIRED UPDATED WATER METER FOR THE CIVIC CENTER LAKE AND IRRIGATION CONVERSION IMPROVEMENTS 8 CITY COUNCIL MINUTES 3 FEBRUARY 21, 2017 6.APPROVE AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS WITH ESGIL CORPORATION, JAS PACIFIC, AND YOUNG ENGINEERING SERVICES FOR ON-CALL BUILDING CODE PLAN REVIEW SERVICES 7. EXCUSE ABSENCE OF PLANNING COMMISSIONER HANSEN FROM THE FEBRUARY 14, 2017 PLANNING COMMISSION MEETING 8. APPROVE DECLARATION OF SURPLUS AND DISPOSAL OF CITY OWNED MOTORCYCLES 9. APPROVE DECLARATION OF SURPLUS EQUIPMENT 10. APPROVE DEMAND REGISTERS DATED FEBRUARY 3 AND 9, 2017 MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve Consent Calendar Item Nos. 1-4 and 6-10 as recommended, with Item No. 2 adopting Ordinance No. 554. Motion passed unanimously. COUNCILMEMBER PEÑA ANNOUNCED THAT HE MAY HAVE A CONFLICT OF INTEREST DUE TO THE PROXIMITY OF HIS PROPERTY TO THE PROJECT PROPOSED BY CONSENT CALENDAR ITEM NO. 5 AND HE WILL RECUSE HIMSELF FROM ANY DISCUSSION OR VOTE ON THIS ITEM. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to approve Consent Calendar Item No. 5 as recommended. Motion passed: ayes 4, noes 0, abstain 1 (Peña) ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1.PRESENTATION ON SAFELY SURRENDERED BABY AWARENESS MONTH BY DAVID LaCLAIR, FIRE BATTALION CHIEF Fire Battalion Chief David LaClair explained that the Safely Surrendered Baby law (the SSB law - California Health and Safety Code, section 1255.7) provides a safe alternative for the surrender of a newborn baby by a parent or person with lawful custody to a designated fire station or other designated site, without fear of prosecution, within 72 hours of birth. 2. PRESENTATION REGARDING BOYS AND GIRLS CLUB OF LA QUINTA BY SIAH NIX, EXECUTIVE DIRECTOR Mr. Nix explained the joint program of the Boys and Girls Club and the La Quinta Police to increase communication, engagement and understanding between local law enforcement personnel and teens. 9 CITY COUNCIL MINUTES 4 FEBRUARY 21, 2017 BUSINESS SESSION 1. APPOINT A COUNCILMEMBER TO THE CANNABIS AD HOC COMMITTEE Councilmember Radi said it’s important to keep this Ad Hoc Committee active for the purpose of keeping tabs on new laws, rules and to influence federal government action if possible. Councilmember Radi nominated Councilmember Sanchez to serve with Councilmember Peña as the Cannabis Ad Hoc Committee. MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to appoint Councilmember Sanchez to serve on the Council’s Cannabis Ad Hoc Committee. Motion passed unanimously. 2. RECEIVE AND FILE FISCAL YEAR 2016/17 OPERATING AND CAPITAL IMPROVEMENT MID-YEAR BUDGET REPORT, APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS, AND ADOPT RESOLUTION TO AMEND MANAGEMENT ASSISTANT CLASSIFICATION SPECIFICATION [RESOLUTION NO. 2017-004] Finance Director Karla Campos presented the staff report, which is on file in the Clerk’s Office. Councilmembers discussed the difference between excise and sales tax; reasons for various revenue adjustments and expenditure adjustments; future CalPERS adjustments and City liability, and; showing public safety-related expenditures separately in the Community Resources department budget. Councilmembers requested that future budget documents show public safety-related expenditures separately from the managing department’s budget figures. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to receive and file Fiscal Year 2016/17 Operating and Capital Improvement Mid-Year Budget Report; approve the recommended budget adjustments; and adopt Resolution No. 2017-004 amending the Management Assistant classification specification. Motion passed unanimously. STUDY SESSION 1. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (CVB) UPDATE BY PRESIDENT/CEO SCOTT WHITE Scott White, CVB President and CEO provided background on the CVB, current programs, studies and surveys, visitor and promotion statistics, and initiatives planned for the future, including the need to consider providing airline service subsidies soon. 10 CITY COUNCIL MINUTES 5 FEBRUARY 21, 2017 Councilmembers discussed CVB studies and surveys available to staff for free; portions of the CVB’s Destination Development Plan that staff may be able to take the lead on; staff’s ability to upload information into CVB’s sustainable site; connecting CVB’s efforts with La Quinta’s economic development activities; joint meeting of CVB and La Quinta Economic Development Subcommittee; cross-promotion with the other Valley cities for Valley-wide coverage, such as along Highway 111, of 1-2 events per city per year; involve the Coachella Valley Association of Government in coordinating cross- promotion; need to stress locally grown during events; CVB invited to work with La Quinta staff to activate action plans presented. 2. DISCUSS THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR) FOR THE CV LINK MULTI - MODAL TRANSPORTATION PROJECT Planning Manager Perez presented the staff report, which is on file in the Clerk’s Office. Councilmembers discussed including in the DEIR safety block-off measures in case of emergencies; enhancing some of the visual screenings planned; option for homeowners to cover path views with plant material; safety concerns for motorists, bicyclists, pedestrians, skaters, etc. crossing at Highway 111 and Point Happy if CV Link path ends there – not the preferred alternative; need to include and address public’s security and maintenance concerns; CV Link budget must include police officers or drone costs, and; absence in DEIR of speed limit to be set for path. PUBLIC SPEAKER: Mark Johnson, La Quinta – Mr. Johnson, now retired from CVWD, said he spoke as a resident only and has provided written comments on the DEIR to CVAG and the City. Mr. Johnson said he does not support the current goals of the CV Link because the Valley already has plenty of public lands for recreation. He supports Alternative 3, or a complete redesign and new DEIR. Councilmembers’ continued discussion included: the initial purpose of CV Link to provide a safe walkway and biking experience away from Highway 111, to provide freedom for children to safely bike across the Valley, and do so along a relatively flat path making it usable for all family members; multiple benefits to La Quinta such as adventure, entertainment and connection – another La Quinta amenity; the need and desire for low and moderate activities as an alternative to currently available mountain and desert hikes; State and Federal grants indicate they favor CV Link-like projects; La Quinta’s advance planning and readiness for CV Link; connections from CV Link to La Quinta facilities, parks, commercial sectors, and GoldenVoice events; advantages to business owners along Highway 111, some could have a second entrance for signage on CV Link; CV Link offers opportunities for new businesses such as bike and equipment rental, and; need to explore revenue potential for City of La Quinta. 11 CITY COUNCIL MINUTES 6 FEBRUARY 21, 2017 Councilmembers agreed that La Quinta should continue to support the project as the residents’ survey indicated, stay involved in the planning process, and decide as the project takes shape whether to fully commit La Quinta to participation. 3. DISCUSS THE COACHELLA VALLEY CONSERVATION COMMISSION (CVCC) DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE LA QUINTA PENINSULAR BIGHORN SHEEP BARRIER PROJECT Planning Manager Perez presented the staff report, which is on file in the Clerk’s Office. PUBLIC SPEAKER: Mark Johnson, La Quinta – Mr. Johnson said he has provided written comments on the DEIR, and as a golfer and hiker, is in favor of Alternative C which is the shortest length of fencing and does not impact hiking. He said it was important to ensure that Alternative C did not contain any requirement for the City to provide, purchase or pay for replacement acreage for any habitat area lost to the Sheep by the fence. PUBLIC SPEAKER: Katie Barrows, Director of Environmental Resources, CVCC – Ms. Barrows provided information and answers to Councilmembers’ questions including: the DEIR does not include a preferred alternative because the CVCC is still working with homeowners; a final EIR could be available as soon as April if CVCC doesn’t get a huge number of comments on the DEIR; she would like CVCC Members to tour SilverRock Golf Course to see the site and the animals first hand; providing food and water assistance to Sheep during transition period back to exclusive mountain life is a possibility; reason for push to have temporary fence installed before lambing season; there is no answer to What’s Next?; agrees that it’s interesting that the Sheep are occurring in large numbers on La Quinta’s golf course and not elsewhere - appears it is an ideal location with steep slope for quick get-away from predators, and food and water right at base of their natural habitat; Biologists don’t believe moving them to inner mountains would solve the problem as others would take their place and before moving any animals, must know the genetics of the groups; across their range, population number are improving – for removal from the endangered list, need 25 females in a ewe group for a period of 6 years or so, and; results from the recent studies of population numbers are just coming in. Mayor Evans requested that CVCC provide some relief to the City by assisting with any monitoring requirement imposed upon La Quinta, and that CVCC schedule a meeting at SilverRock so CVCC Members understand the properties and extend of the problem. Councilmember Peña said he favors Option No. 3 because these are Federal Sheep coming out of their Federal land habitat onto City property. He said the City’s ultimate goal is to protect the Sheep and although Option No. 3 initially removes 2,500 acres of habitat, the Sheep have 250,000 acres available to term. Lastly, he said it was unfortunate that the half million dollars being spent by the City for a temporary fence could not have gone towards funding Option No. 3 as the permanent solution. 12 CITY COUNCIL MINUTES 7 FEBRUARY 21, 2017 Councilmember Radi expressed concern that once SilverRock Golf Course was fenced off, the Sheep would find their way into the La Quinta Cove or other city-owned property causing new problems. He said that the “human habit” needs to be broken so removing them completely from the area should be explored. Mr. Radi asked that the CVCC also consider what would be required if the conditions that allow the Sheep to reproduce abundantly in La Quinta are removed, and Sheep numbers start declining again - would the City be required to remove the fence? PUBLIC HEARINGS – None DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. Councilmember Fitzpatrick requested that children’s books be included in the Little Free Library boxes, especially in park locations, and in dog parks. Councilmember Radi requested that the installation designed for the T-Rex art piece temporary location by the Library be designed to accommodate a permanent future art piece. Development and Design Director Jonasson explained the purpose of SB1 and AB1. Councilmember Sanchez stated that he is opposed to SB1 and AB1 because the State repeatedly identifies transportation revenue sources to be funded by taxpayers then continually borrows and redistributes those funds for other purposes, leaving residents to pay indefinitely. He said he could not ask residents to pay more gas tax. Mayor Evans and Councilmember Radi agreed that transportation funds have been robbed over and over by the State, ideas for completing all the deferred maintenance are scattered, and the proposed “monitors” of the tax funds are the ones who caused the deferred maintenance of streets to occur. There was no Council consensus to support SB1 and AB1 at this time. MAYOR’S AND COUNCIL MEMBER’S ITEMS Councilmember Peña thanked the Police for a great public safety expo event. He also suggested sending a letter from Council to City of Whittier Council expressing solidarity with them as they mourn the shooting of one of their Officers. Council concurred. Councilmember Fitzpatrick reported on the RSVP volunteer luncheon she attended as representative of the Mayor and Council at which La Quinta resident Jim Davidson sang the national anthem, and volunteers were credited with donating over 4,800 hours of service representing a value of approximately $112,000. Councilmember Fitzpatrick also noted the sad loss of Tom Kennedy who was a tremendous historical 13 CITY COUNCIL MINUTES 8 FEBRUARY 21, 2017 resource to the City. She said Mr. Kennedy’s recent talk to the Historical Society was videotaped so the City is fortunate to have his oral history on record. Mayor Evans noted that she attended the Palm Springs Air Museum event at which the City, along with others, was recognized for its contribution for the Tuskegee Airmen travel expenses to the event. She also attended The Tradition members-only tribute to former resident, the late Arnold Palmer. The members are considering a museum containing his memorabilia. Mayor Evans thanked all involved for organizing the crime prevention expo, and reported on the meeting with the Board of Equalization staff regarding Measure G 1% sales tax education. Councilmember Radi announced the community outreach meeting set for Monday, February 27, 2017 to gather input for a new X-Park design [specialty park for skating, skateboarding, BMX-biking] will be held at La Quinta High School Teachers’ Lounge. Councilmember Sanchez reported on the Board of Equalization outreach meeting he attended with Mayor Evans, and the Crime Prevention event at City Hall which showcased many fascinating security devices. He also reported on his first COP [Citizens-on-Patrol] ride-along, and asked Council and staff to spread the word that more volunteers are needed. Mr. Sanchez said he also enjoyed the Strut Your Mutt event with La Quinta’s Police Chief as a judge, and a tour of the City’s traffic signal operation from which he gained a whole new appreciation of this very complex system. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2017, Councilmember Fitzpatrick reported on her participation in the following organization meeting: DESERT RECREATION DISTRICT COMMITTEE La Quinta’s representative for 2017, Councilmember Peña reported on his participation in the following organization meeting: CVAG PUBLIC SAFETY COMMITTEE CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE La Quinta’s representative for 2017, Councilmember Radi reported on his participation in the following organization meeting: DESERT RECREATION DISTRICT COMMITTEE COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED BACK INTO CLOSED SESSION AT 7:16 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 8:52 P.M. WITH ALL MEMBERS PRESENT 14 CITY COUNCIL MINUTES 9 FEBRUARY 21, 2017 REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported that no actions were taken in Closed Session on Item No. 3 that require reporting pursuant to Government Code section 54957.1 (Brown Act). Mr. Ihrke also reported that Closed Session Item No. 4 was continued until the next meeting. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to adjourn at 8:53 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California 15 16 SPECIAL JOINT MEETING 1 FEBRUARY 23, 2017 CITY COUNCIL, CITY BOARDS, AND CITY COMMISSIONS CONSENT CALENDAR ITEM NO. 2 SPECIAL JOINT COUNCIL AND CITY BOARDS AND COMMISSIONS MEETING MINUTES THURSDAY, FEBRUARY 23, 2017 A special meeting of the La Quinta City Council and City Boards, Commissions and Committees was called to order at 6:05 p.m. by Mayor Evans at the La Quinta Library, 78275 Calle Tampico, La Quinta, CA. PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ALSO PRESENT: PLANNING COMMISSIONERS: Philip Bettencourt Frank Blum Mary Caldwell John Hansen Kevin McCune Robert Wright COMMUNITY SERVICES COMMISSIONERS: Felice Chiapperini Mark Johnson Paula Simonds HOUSING COMMISSIONER: Howard Long INVESTMENT ADVISORY BOARD MEMBERS: George Batavick Jane Johnson Sherwyn Turbow Steven Rosen IID ENERGY CONSUMERS ADVISORY COMMITTEE (La Quinta Representative): George Christopher CVAG TRAILS MANAGEMENT SUBCOMMITTEE (La Quinta Representative): Jeff Smith Mayor Evans led the audience in the pledge of allegiance. PUBLIC COMMENT ON MATTERS NOT ON AGENDA - None 17 SPECIAL JOINT MEETING 2 FEBRUARY 23, 2017 CITY COUNCIL, CITY BOARDS, AND CITY COMMISSIONS STUDY SESSION 1. UPDATES ON CITY PROJECTS AND DISCUSSION OF CITY-RELATED MATTERS OFMUTUAL INTEREST A. REVENUE PROJECTIONS Finance Director Campos explained the City’s Projections by Fiscal Year. [spreadsheet handout available in the City Clerk’s Office] B. SILVERROCK DEVELOPMENT City Manager Spevacek provided an update on the SilverRock development project. C. MEETING RULES AND PROCEDURES City Clerk Maysels provided a summary of the City’s Rules of Procedure for public meetings, and City Attorney Ihrke provided a summary of the Fair Political Practices Commission conflict of interest regulations. [Rules handout available in the City Clerk’s Office] Mayor Evans explained that this item was added to the agenda to assist the new Members and Chairpersons appointed this year. She said that the Council appreciates Members’ willingness to get more involved in the City but with that comes expectations. For those not familiar with the Brown Act, Mayor Evans suggested meeting with the City Clerk for a review of the procedures. The Mayor said that Council has some expectations of Members which includes: Being prepared to discuss and vote on all matters on the meeting agenda; Contacting your staff liaison in advance of the meeting with questions not answered by staff reports; Reaching out to the City Clerk or City Manager if additional information is needed; Respecting staff’s time; Being a positive representative of the City and feeling free to contact the Mayor or any Councilmember if a Member feels matters are not moving in the right direction; Taking advantage of La Quinta’s transparency by using the resources on the website to search for additional information on an item; Realizing that you were chosen by Council and are now part of the team, that along with Council, is charged with making the best, and often tough decisions to move the City forward, not to rubber-stamp matters placed on your agendas; Realizing the difference between raising informed concerns as opposed to personal agendas, personal interests, and personal endeavors; 18 SPECIAL JOINT MEETING 3 FEBRUARY 23, 2017 CITY COUNCIL, CITY BOARDS, AND CITY COMMISSIONS Alerting your staff liaison when you intend to contact a developer or other outside party to discuss a City matter within your jurisdiction so that word does not get back to staff and Council that people are out in the community representing themselves as Commission/Board Members asking for access to information that may, or may not, be appropriate; and Respecting the role of Chairperson and realizing that s/he needs to maintain control of the meeting which can mean enforcing Speaker time limits. Councilmembers added that they are each available individually and welcome contact from any Members; they count on Members’ recommendations to make decisions; Council wants to insure the integrity of the process; and that Councilmembers listen to the audio recordings of Board/Commission meetings if a contentious topic is discussed or a passionate debate occurs, hence Council requires only “action” minutes from their Boards/Commissions. D. QUESTIONS AND COMMENTS City Manager Spevacek and Staff answered Board and Commission Members’ questions regarding: The status of recommendations made by the citizen’s Advisory Committee; Spending plans for the additional 1% sales tax revenue from Measure G; Measure G oversight committee formation; Summary of the top five capital improvements projects for next five years; Projected five year police expenses and options to minimize increases; Population growth expectations in the Valley and City; Economic development plans for 2017; Prospects for new businesses opening in City in 2017; Efforts to assist with leasing/purchase of vacant big-box retail buildings; Parking for hikers at the top of the cove; Big Horn Sheep fence alternatives; Animal Control checks on compliance with dog leash laws on public lands; Police patrol in north La Quinta; Landscape improvement project timeline in north La Quinta; Accessory dwelling units zoning ordinance; CV-link status; and Citywide traffic flow evaluation. Mayor Evans and Councilmembers each provided closing comments which included thanking all Commissioners/Board Members for their time, diligence and input; acknowledging the assistance Boards/Commissions provide to Council with their recommendations, and; each Councilmember’s willingness to meet individually with any resident. 19 SPECIAL JOINT MEETING 4 FEBRUARY 23, 2017 CITY COUNCIL, CITY BOARDS, AND CITY COMMISSIONS Mayor Evans concluded the meeting by announcing upcoming events and thanked all residents for passing Measure G last November which she said was a critical step to accomplishing many improvements on the community’s wish list. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 8:08 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk 20 City of La Quinta CITY COUNCIL MEETING: March 07, 2017 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED FEBRUARY 17 AND 24, 2017 RECOMMENDATION Approve demand registers dated February 17 and 24, 2017. EXECUTIVE SUMMARY – None FISCAL IMPACT Demand of Cash: City 1,233,070.02$ Successor Agency of RDA 1,355.00$ Housing Authority 4,462.50$ Housing Authority Commission -$ 1,238,887.52$ BACKGROUND/ANALYSIS Between Council meetings, routine bills and payroll must be paid. Attachment 1 details the weekly demand registers for February 17 and February 24, 2017. Warrants Issued: 113985-114086 355,981.69$ 114087-114149 224,757.73$ Voids -$ Wire Transfers 414,511.16$ Payroll Direct Deposit 163,136.78$ Payroll Tax Transfers 80,500.16$ 1,238,887.52$ CONSENT CALENDAR ITEM NO. 3 21 The most significant expenditures on the demand register listed above are as follows: Account Name Amount Conserve Landcare Various 39,415.00$ Feb - Lansdscape Maint County of Riverside Fire Service 51,885.96$ 1st & 2nd Quarter Emergency MGMT Dept.Costs E.M.D. Services Michael Baker Design 65,762.74$ Oct - SilverRock Phase II International Inc.Professional Services Hayward Tilton & Earthquake 80,496.00$ Earthquake Insurance Rolapp Insurance Policy FY 17-18 PurposeVendor Wire Transfers: Eight wire transfers totaled $414,511.16. Of this amount, $182,606.33 was to Landmark Management, $100,000.00 was for Four Seasons Escrow and $88,778.85 for PERS Health. (See Attachment 2 for a full listing). ALTERNATIVES Council may approve, partially approve, or reject the demand registers. Prepared by: Derrick Armendariz, Account Technician Approved by: Karla Campos, Finance Director Attachments: 1. Demand Registers 2. Wire Transfers 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38   39       40       41 42 2/28/2017 7:33:55 PM Page 1 of 2 City of La Quinta, CA Revenue Summary Report All Funds December 2016 Summary For Fiscal: 2016/17 Period Ending: 12/31/2016 Fiscal AcƟvity Variance Favorable (Unfavorable) Period AcƟvityFund Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 9,698,705.844,176,419.6340400600.00 42,183,600.00 -32,484,894.16 22.99 % 201 - GAS TAX FUND 885,202.7868,219.921299100.00 1,264,500.00 -379,297.22 70.00 % 202 - LIBRARY FUND 667,106.1914,624.172250000.00 2,250,000.00 -1,582,893.81 29.65 % 210 - FEDERAL ASSISTANCE FUND 0.000.00125800.00 125,800.00 -125,800.00 0.00 % 212 - SLESF (COPS) FUND 71,069.238,434.70100100.00 100,100.00 -29,030.77 71.00 % 213 - JAG FUND 0.420.009000.00 9,000.00 -8,999.58 0.00 % 215 - LIGHTING & LANDSCAPING FUND 512,714.000.001447400.00 1,447,400.00 -934,686.00 35.42 % 218 - CV VIOLENT CRIME TASK FORCE 17,685.83647.1822600.00 22,600.00 -4,914.17 78.26 % 219 - ASSET FORFEITURE 48.0832.900.00 0.00 48.08 0.00 % 220 - QUIMBY FUND 27,308.4618,498.9687000.00 87,000.00 -59,691.54 31.39 % 221 - AB 939 3,823.392,616.0952500.00 52,500.00 -48,676.61 7.28 % 223 - MEASURE A 240,194.2962,606.03752500.00 752,500.00 -512,305.71 31.92 % 224 - TUMF 163.08123.110.00 0.00 163.08 0.00 % 225 - INFRASTRUCTURE FUND 122.7383.980.00 0.00 122.73 0.00 % 235 - SO COAST AIR QUALITY FUND 14,030.5913,778.9245300.00 45,300.00 -31,269.41 30.97 % 241 - HOUSING AUTHORITY 655,553.18105,379.07889600.00 889,600.00 -234,046.82 73.69 % 249 - SA 2011 LOW/MOD BOND FUND 773.37128.060.00 0.00 773.37 0.00 % 250 - TRANSPORTATION DIF FUND 226,470.5755,393.23669000.00 669,000.00 -442,529.43 33.85 % 251 - PARKS & REC DIF FUND 112,659.4530,720.00350000.00 350,000.00 -237,340.55 32.19 % 252 - CIVIC CENTER DIF FUND 54,472.0614,130.00200000.00 200,000.00 -145,527.94 27.24 % 253 - LIBRARY DEVELOPMENT DIF 18,920.005,160.0065000.00 65,000.00 -46,080.00 29.11 % 254 - COMMUNITY CENTER DIF 7,646.362,316.3835600.00 35,600.00 -27,953.64 21.48 % 255 - STREET FACILITY DIF FUND 9,451.732,701.9235000.00 35,000.00 -25,548.27 27.00 % 256 - PARK FACILITY DIF FUND 2,207.19606.197000.00 7,000.00 -4,792.81 31.53 % 257 - FIRE PROTECTION DIF 25,044.176,495.0080000.00 80,000.00 -54,955.83 31.31 % 270 - ART IN PUBLIC PLACES FUND 30,397.608,487.9798500.00 98,500.00 -68,102.40 30.86 % 299 - INTEREST ALLOCATION FUND 0.00-204,895.620.00 0.00 0.00 0.00 % 310 - LQ FIN AUTHORITY DEBT SVC 636,339.130.00678100.00 678,100.00 -41,760.87 93.84 % 401 - CAPITAL IMPROVEMENT PROGRAMS 2,364,600.571,361,436.687327300.00 20,006,554.38 -17,641,953.81 11.82 % 501 - EQUIPMENT REPLACEMENT 289,012.01197,134.60456100.00 456,100.00 -167,087.99 63.37 % 502 - INFORMATION TECHNOLOGY 428,924.00215,116.16849800.00 844,800.00 -415,876.00 50.77 % 503 - PARK EQUIP & FACILITY FND 281,257.46143,406.68534700.00 534,700.00 -253,442.54 52.60 % 504 - INSURANCE FUND 321,798.45157,002.23648300.00 648,300.00 -326,501.55 49.64 % 601 - SILVERROCK RESORT 1,477,522.86348,546.774034800.00 4,034,800.00 -2,557,277.14 36.62 % 602 - SILVERROCK GOLF RESERVE 61,709.311,694.1561400.00 61,400.00 309.31 100.50 % Report Total:6,817,045.06 19,142,934.3863,612,100.00 78,034,754.38 -58,891,820.00 24.53 % 2/28/2017 7:31:10 PM Page 1 of 2 City of La Quinta, CA Expense Summary Report All Funds December 2016 Summary For Fiscal: 2016/17 Period Ending: 12/31/2016 Fiscal AcƟvity Variance Favorable (Unfavorable) Period AcƟvityFund Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 14,392,893.194,861,158.7441241800.00 47,128,654.96 32,735,761.77 30.54 % 201 - GAS TAX FUND 626,610.42183,294.201299200.00 1,339,700.00 713,089.58 46.77 % 202 - LIBRARY FUND 234,957.9189,288.431717400.00 1,820,317.75 1,585,359.84 12.91 % 210 - FEDERAL ASSISTANCE FUND 0.000.0020200.00 20,200.00 20,200.00 0.00 % 212 - SLESF (COPS) FUND 12,358.137,198.610.00 0.00 -12,358.13 0.00 % 215 - LIGHTING & LANDSCAPING FUND 598,801.59119,780.391467400.00 1,468,700.00 869,898.41 40.77 % 218 - CV VIOLENT CRIME TASK FORCE 4,269.78-81.1346700.00 46,700.00 42,430.22 9.14 % 220 - QUIMBY FUND 291,239.3789,349.97437300.00 4,395,288.74 4,104,049.37 6.63 % 221 - AB 939 460.100.0020000.00 20,000.00 19,539.90 2.30 % 223 - MEASURE A 565,574.31210,282.16651000.00 1,755,784.32 1,190,210.01 32.21 % 235 - SO COAST AIR QUALITY FUND 0.000.0030000.00 30,000.00 30,000.00 0.00 % 241 - HOUSING AUTHORITY 484,698.8076,022.37960200.00 975,400.00 490,701.20 49.69 % 250 - TRANSPORTATION DIF FUND 69,351.7744,302.16675900.00 3,489,738.61 3,420,386.84 1.99 % 252 - CIVIC CENTER DIF FUND 15,174.8015,174.800.00 0.00 -15,174.80 0.00 % 253 - LIBRARY DEVELOPMENT DIF 3,509.693,509.690.00 0.00 -3,509.69 0.00 % 255 - STREET FACILITY DIF FUND 4,083.904,083.900.00 0.00 -4,083.90 0.00 % 256 - PARK FACILITY DIF FUND 961.92961.920.00 0.00 -961.92 0.00 % 257 - FIRE PROTECTION DIF 1,271.501,271.500.00 0.00 -1,271.50 0.00 % 270 - ART IN PUBLIC PLACES FUND 3,148.730.00129000.00 329,000.00 325,851.27 0.96 % 310 - LQ FIN AUTHORITY DEBT SVC 638,020.501,683.00678100.00 678,100.00 40,079.50 94.09 % 401 - CAPITAL IMPROVEMENT PROGRAMS 2,295,342.79456,908.10190400.00 20,196,783.38 17,901,440.59 11.36 % 501 - EQUIPMENT REPLACEMENT 103,169.6627,276.45498900.00 559,176.00 456,006.34 18.45 % 502 - INFORMATION TECHNOLOGY 386,183.5964,317.22848800.00 848,800.00 462,616.41 45.50 % 503 - PARK EQUIP & FACILITY FND 48,752.509,097.90603700.00 680,200.00 631,447.50 7.17 % 504 - INSURANCE FUND 509,515.706,841.70649200.00 649,700.00 140,184.30 78.42 % 601 - SILVERROCK RESORT 1,790,649.41290,841.744262200.00 4,262,500.00 2,471,850.59 42.01 % Report Total:6,562,563.82 23,081,000.0656,427,400.00 90,694,743.76 67,613,743.70 25.45 % City of La Quinta CITY COUNCIL MEETING: March 7, 2017 STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION DESIGNATING SPEED LIMITS FOR CERTAIN STREETS RECOMMENDATION Adopt a resolution approving legal speed limits on certain local streets, as recommended in the “Engineering and Traffic Survey for the City of La Quinta” dated February 2017 prepared by Willdan Engineering. EXECUTIVE SUMMARY •State law requires speed limits be updated via an engineering and traffic survey before a police department may use radar enforcement. •An engineering and traffic survey accounts for: 1) prevailing speed, 2) accident history, and 3) roadway characteristics not readily apparent to the motorist. •The survey designated two segments for speed limit adjustments. FISCAL IMPACT Purchasing/installing new signs is $1,000; funds are available in the sign budget in Account No. 201-7003-60429 (Traffic Signs). BACKGROUND/ANALYSIS In order to enforce speed limits using radar, they must be set in accordance with the California Vehicle Code (CVC). Per the CVC, vehicle speeds are determined by the behavior of a majority of drivers during normal driving conditions. Jurisdictions may not establish arbitrary speed limits. Attachment 1 presents speed limits for the City. The two proposed changes are: Street Segment Posted Proposed Avenida Bermudas Calle Arroba to Calle Tecate 30 35 Avenue 54 West End to Jefferson Street Not posted 30 ALTERNATIVES No alternative is recommended. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. Speed Limits Map CONSENT CALENDAR ITEM NO. 5 43 44 RESOLUTION NO. 2017 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DESIGNATING SPEED LIMITS WHEREAS, the California Vehicle Code authorizes cities to designate and regulate speed zones within their jurisdictions; and WHEREAS, the City Council finds it appropriate to designate speed limits on the following local streets to facilitate safe and orderly traffic flow; and WHEREAS, said designation shall be made by resolution; and WHEREAS, the City Council finds it appropriate to designate speed limits for 2 street segments; and WHEREAS, in accordance with the provisions of Title 12.20.020 of the La Quinta Municipal Code, an engineering and traffic survey has been performed on the specified streets; and WHEREAS, the following designated prima facie speed limits are based on the results of the engineering and traffic survey; and Street Segment Speed Limit (mph) Avenida Bermudas Calle Arroba to Calle Tecate 35 Avenue 54 West End to Jefferson Street 30 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: the aforementioned prima facie speed limits are most appropriate to facilitate the orderly movement of traffic and to be reasonably safe. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of March 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 45 Resolution No. 2017- Designate Speed Limits Adopted: March 7, 2017 Page 2 of 2 ___________________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: ________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: ________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 46 LEGEND: CITY OF LA QUINTA SPEED LIMITS ATTACHMENT 1 47 48 City of La Quinta CITY COUNCIL MEETING: STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION TO REAFFIRM ADOPTION OF ANNUAL ASSESSMENT FOR COUNTY SERVICE AREA 152; AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS; AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS RECOMMENDATION Adopt a resolution to reaffirm adoption of annual assessment for County Service Area 152, authorize Riverside County to continue to levy assessments, and indemnify and hold the County harmless for levying assessments on City parcels. EXECUTIVE SUMMARY •The City has an agreement with Riverside County (County) wherein the County assesses properties within the City for the maintenance and operations of street sweeping, flood control, retention basin, and other drainage activities within the City in order to improve overall storm water quality. •These activities are required under the Clean Water Act and the National Pollutant Discharge Elimination System Program. •Annually, the City Council must adopt a resolution authorizing the County to assess City parcels and holding the County harmless for levying the assessments. •For Fiscal Year 2017/18, the assessment rate per parcel will remain unchanged from its original 1997 rate of $9.99 per Benefit Assessment Unit. FISCAL IMPACT County Service Area (CSA) 152 assessments will generate approximately $285,000 during 2017/18, $100,000 of which is used to offset retention basin maintenance in the City- wide lighting and landscape maintenance district. The remaining $185,000 is used towards street sweeping, flood control maintenance and other drainage activities within the City. BACKGROUND/ANALYSIS In 1991, the County enacted CSA 152 to provide funding for local jurisdictions to maintain flood control and storm drain facilities. In 1994, the City joined CSA 152 and in 1997, the City Council adopted a resolution approving the Benefit Assessment Unit rate of $9.99. The City/County Agreement is available for review in the Public Works Department. CONSENT CALENDAR ITEM NO. 6 49 The recommended action continues the City’s participation in CSA 152 and authorizes the County to levy and collect these assessments for 2017/18. Per Proposition 218, the County cannot increase this assessment without conducting a benefit study, and then setting rates wherein properties closer to the improvements that are maintained by the assessments pay a higher assessment. ALTERNATIVES The City receives approximately $285,000 from the CSA 152 assessments, which helps offset flood control and storm drain maintenance costs. Since this requires annual affirmation of the requirements of CSA 152, staff does not recommend an alternative. Prepared by: Bryan McKinney, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer 50 RESOLUTION NO. 2017 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR THE COUNTY SERVICE AREA 152 TO FUND THE CITY’S STREET SWEEPING PROGRAM AND OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS WHEREAS, the Riverside County Service Area 152 (CSA 152) was created under the Benefit Assessment Act of 1982 (Government Code Section 54702, et seq.), which authorized local agencies to impose benefit assessments to finance the maintenance and operation costs of flood control and drainage systems, based on the proportionate storm water runoff from each parcel; and WHEREAS, under the federally-mandated but unfunded National Pollutant Discharge Elimination System Program, the City is required to have a valid permit from the Regional Water Quality Control Board to discharge water runoff from properties within the boundaries of the City; and WHEREAS, street sweeping is a pro-active method of ensuring pro-active maintenance from street runoff into the flood control and drainage systems of the City; and WHEREAS, the City is a co-permittee of Permit No. CAS-617002 with the Coachella Valley Water District, County of Riverside and the incorporated cities therein; and WHEREAS, the City, by its Resolution No. 97-39, adopted on May 20, 1997, authorized Riverside County to levy and establish a Benefit Assessment Unit rate for the 1997-1998 Fiscal Year CSA 152 assessments; and WHEREAS, the City by its Resolution No. 97-39, adopted on May 20, 1997, agreed to indemnify and hold the County harmless for levying Assessments on the City parcels under CSA 152; and WHEREAS, the City uses revenues from CSA 152 assessments solely for the purpose of maintaining and operating the City’s flood control and drainage system to comply with the National Pollutant Discharge Elimination System Permit and to provide street sweeping within the City of La Quinta; and WHEREAS, Proposition 218, adopted by voters on November 6, 1996, established new procedures and approval requirements for all existing assessments, unless the assessment is exempt from the new requirements; and 51 Resolution No. 2017- CSA 152 Adopted: March 7, 2017 Page 2 of 3 WHEREAS, certain assessments that existed on November 6, 1996, are specifically exempt from the Proposition 218 procedures and approval requirements, including assessments imposed exclusively to finance the capital costs and maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City Council finds the foregoing recitals to be true and correct. Section 2. The City Council finds and declares that the City’s CSA 152 charges are assessments within the definition of California Constitution Article XIIID, Section 2(b), in that they confer special benefits upon each parcel of property subject to the assessments. Section 3. The City Council finds and declares that pursuant to Article XIIID, Section 5(a), the City’s CSA 152 assessments are exempt from the new procedures and approval requirements of Article XIIID, Section 4, because the City’s CSA 152 assessments existed before November 6, 1996, and the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for street sweeping, flood control, and drainage systems in the City. Section 4. The City Council hereby reaffirms its adoption of the annual assessment for CSA 152 and hereby determines that the annual assessment rate for Fiscal Year 2017/2018 for CSA 152 is to be set at nine dollars and ninety-nine cents ($9.99) per Benefit Assessment Unit. The method of computation has not been changed nor has the rate of assessment been increased since August 6, 1996. Section 5. The City Council hereby authorizes the County of Riverside to levy assessments under CSA 152 for the benefit of the City. The City agrees that it shall indemnify, defend and hold County and members of its Board, and its officers, employees and agents harmless from (1) any and all claims, demands, and causes of action of any kind or nature whatsoever and (2) any and all liability of any kind or nature whatsoever that may arise out of or be caused by, or be attributable to the imposition, collection, or allocation of any tax (special or general), assessment fees or charges, and/or any other revenue generated through City’s application of reliance on or use of County Service Area 152. 52 Resolution No. 2017- CSA 152 Adopted: March 7, 2017 Page 3 of 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of March, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _______________________________ SUSAN MAYSELS, CITY CLERK City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: ______________________________________ WILLIAM H. IRHKE, City Attorney City of La Quinta, California 53 54 City of La Quinta CITY COUNCIL MEETING: March 7, 2017 STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION TO APPROVE FINAL PARCEL MAP NO. 36964 LOCATED AT THE SOUTHEAST CORNER OF CALLE QUITO AND AVENIDA LA JARITA; AND FIND THE PROJECT EXEMPT PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTIONS CLASSES 3, 15, AND 32 RECOMMENDATION Adopt a resolution to approve Final Parcel Map 36964 located at the southeast corner of Calle Quito and Avenida La Jarita; and find the project exempt from environmental review pursuant to California Environmental Quality Act (CEQA) exemptions Classes 3, 15, and 32. EXECUTIVE SUMMARY •The owner/developer of a 19,943 square foot vacant residential lot at the southeast corner of Calle Quito and Avenida La Jarita is subdividing the property into two lots. •On February 17, 2016, the Design and Development Director (Director) approved Tentative Parcel Map (TPM) 36964 and Minor Adjustment (MA) 2016-0001) to allow a lot size reduction in one lot. •On February 29, 2016, Mr. George Bushala (Appellant) appealed the Director’s approval to the Planning Commission. •On March 22, 2016, the Planning Commission denied the appeal and sustained the Director’s decision. •On April 6, 2016, Appellant appealed the Planning Commission’s decision to the City Council. •On May 3, 2016, Council granted appeal of TPM 36964 and MA 2016-0001 and referred the project back to the Director with instructions. •On November 16, 2016, the Director approved TPM 36964 and MA 2016-0001 per Council’s direction. •Owner requests approval of Final Parcel (FPM) 36964. •Approval of the FPM is a ministerial action required after conditions of approval have been satisfied. CONSENT CALENDAR ITEM NO. 7 55 FISCAL IMPACT None, no off-site improvements are required with this FPM. BACKGROUND/ANALYSIS The project is located in an existing neighborhood at the southeast corner of Calle Quito and Avenida La Jarita (Attachment 1). The owner is Rick Morris (Owner). The proposed subdivision generates two lots of 10,000 and 9,943 square feet that may be developed with two single-family homes. The property is located in the Low Density Residential (RL) zone, which establishes a 10,000 square-foot minimum lot size; however, Municipal Code Chapter 9.210.040 allows the reduction of development standards through a MA. On February 17, 2016, the Director approved TPM 36964, which subdivides the property into two lots, and MA 2016-0001, which, allows a lot size reduction of 57 square feet (for one lot). This slightly smaller lot size is consistent with the surrounding lots and would not represent a perceptible size difference. The Planning Division determined that this project is Categorically Exempt from further CEQA review pursuant to Section 15303, Class 3 (New Construction), Section 15315, Class 15 (Minor Land Divisions), and Section 15332, Class 32 (In-Fill Development Projects). The proposed subdivision facilitates development of single-family residential units on a site that is no more than five acres, and is substantially surrounded by urban uses. After the Director’s decision approving TPM 36964 and MA 2016-0001, the Appellant filed an appeal to the Planning Commission, which considered the Director’s decision on March 22, 2016. The Appellant’s grounds for appeal and City staff’s responses are addressed under “Appeal of Design and Development Director’s Determination” on Planning Commission staff report for Public Hearing Item No. 1 on March 22, 2016 (Attachment 2). At the conclusion of the public hearing, the Planning Commission voted unanimously, with one member absent, to deny the appeal, thereby sustaining the Director’s decision. Appellant subsequently filed an appeal to the Council, which considered the Planning Commission’s decision on May 3, 2016 and additional grounds for appeal that were not presented by Appellant when Planning Commission heard his appeal. All of Appellant’s grounds for appeal and staff’s responses are addressed under “Staff Analysis of Appeal” on Council staff report for Public Hearing Item No. 1 on May 3, 2016 (Attachment 3). At the conclusion of the public hearing, the Council granted the appeal of TPM 36964 and MA 2016-0001 and referred the project back to the Director with instructions to address minimum lot frontage requirements, submit an archaeology report, and to re-notice the public hearing and reference CEQA exemptions Classes 3, 15, and 32 for the Director’s consideration. After the Owner has addressed the minimum 60-foot lot frontage requirement and submitted a cultural resource report, City staff re-noticed the Director’s public hearing with reference to CEQA exemptions Classes 3, 15, and 32 to all property owners within 500 feet of the project. The cultural resource report concluded that the project site has been previously disturbed by grading and placement of fill to unknown depths. The study recommends suspension of construction activities in the event of an unanticipated discovery until a qualified archaeologist evaluates it. Condition of Approval No. 27 has 56 been added based on recommendations of the cultural resource report. On November 16, 2016, the Director approved TPM 36964 and MA 2016-0001. FPM 36964 (Attachment 4) has passed technical review and the Owner is requesting approval of the FPM. ALTERNATIVES Staff does not recommend an alternative action. Prepared by: Bryan McKinney, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Vicinity Map 2. Planning Commission staff report for Public Hearing Item No. 1 on March 22, 2016 3. City Council staff report for Public Hearing Item No. 1 on May 3, 2016 4. Parcel Map 36964 57 58 59 60 61 62 V I C I N I T Y M A P NOT TO SCALE ATTACHMENT 1 pARCEL map no. 36964 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 ATTACHMENT 2 ATTACHMENT 4ATTACHMENT 4 81 82 City of La Quinta CITY COUNCIL MEETING: March 7, 2017 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH HERMANN DESIGN GROUP FOR ON-CALL PROFESSIONAL LANDSCAPE ARCHITECTURAL SUPPORT SERVICES RECOMMENDATION Approve Amendment No. 2 to Professional Services Agreement with Hermann Design Group for on-call professional landscape architectural support services, to increase the contract authority from $100,000 to $200,000; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY  On October 6, 2015 Council awarded an on-call landscape architect contract to streamline delivery of turf conversion and other landscape projects.  Additional design work is needed for the North La Quinta Landscape Renovation Plan .  These projects will be expedited upon approval of this amendment (Attachment 1). FISCAL IMPACT No additional funding is requested. Existing individual project budgets within the CIP budget will fund the designs. BACKGROUND/ANALYSIS Last year’s $100,000 of on-call contract authority has been expended to include: construction support for North La Quinta Parkway Turf Conversion – Del Oro, YMCA Building Turf Conversion, landscape design for North La Quinta Parkway Turf Conversion – Highlands; and preparation of proposed 3 year $10 million North La Quinta Landscape Renovation Plan. The proposed additional $100,000 of contract authority would be used only to expedite design of the North La Quinta Landscape Renovation. CONSENT CALENDAR ITEM NO. 8 83 ALTERNATIVES Council may elect not to approve the amendment and bid this work. This would delay the Landscape Renovation Plan. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. Professional Services Agreement, Amendment No. 2 84 ATTACHMENT 1 85 86 87 88 89 90 City of La Quinta CITY COUNCIL MEETING: March 7, 2017 STAFF REPORT AGENDA TITLE: APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE THE TENNIS AND PICKLEBALL COURT CONVERSION IMPROVEMENTS AT FRITZ BURNS PARK (PROJECT NO. 2016-04) RECOMMENDATION Approve plans, specifications, engineer’s estimate, and authorize staff to advertise the Tennis and Pickleball Court Conversion Improvements at Fritz Burns Park. EXECUTIVE SUMMARY •This project is in direct response to multiple resident requests for pickleball courts and additional tennis courts at Fritz Burns Park. (Attachment 1) •Improvements will include converting: one tennis court to four pickleball courts, the skate park to two tennis courts, resurfacing of the remaining tennis courts, and installing benches within the tennis courts. •The existing skate park will be relocated to the adjoining parking lot prior to starting this work. FISCAL IMPACT The project is in the FY 2016/17 Capital Improvement Program (CIP) and has Quimby Funds assigned in the amount of $437,250. Considering the engineer’s estimate in the amount of $330,000, the following is the anticipated project budget: Tennis and Pickleball Project Budget Professional: $ 15,000 Design: $ 15,000 Inspection/Testing/Survey: $ 29,250 Construction: $ 330,000 City Administration: $ 15,000 Contingency: $ 33,000 Total Budget: $ 437,250 The engineer’s estimate includes two additive alternates for a different tennis and pickleball net mounting system and a different type of seating. CONSENT CALENDAR ITEM NO. 9 91 BACKGROUND/ANALYSIS Pickleball is a paddle sport that is played on a court approximately one quarter of the size of a tennis court. It is growing in popularity and multiple requests have been made to include a separate court at Fritz Burns Park. The City has also received multiple requests for additional tennis courts. Fritz Burns Park currently has six tennis courts and one skate park. The skate park is currently located on two existing tennis courts. Staff proposes to relocate the skate park to the underutilized parking lot adjacent to the skate park. This area is smaller but staff anticipates the future X-Park will handle overflow. A new concrete pad will be poured over the existing damaged concrete once the skate park has been relocated to the parking lot. The area will then be converted into two tennis courts. The tennis court located at the northwest side of the park will be converted to four pickleball courts. This court will provide separation between the tennis players and pickleball players as shown in Attachment 2. Contingent upon approval to advertise the project for bid on March 7, 2017, the following is the project schedule: Council Bid Authorization March 7, 2017 Bid Period March 8, 2017 to April 6, 2017 Council Considers Project Award April 18, 2017 Execute Contract and Mobilize April 19 to May 17, 2017 Construction (45 Working Days) May/July 2017 Accept Improvements August 2017 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Vicinity Map 2. Site Map 92 Fritz Burns Park Tennis and Pickle Ball Court Conversion PROJECT LOCATION:  Fritz Burns Park  Vicinity Map ATTACHMENT 1 93 94 ) SITE PLAN ATTACHMENT 2 Fritz Burns Park Tennis & Pickle Ball Court Conversion 95 96 City of La Quinta CITY COUNCIL MEETING: March 7, 2017 STAFF REPORT AGENDA TITLE: INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING CHAPTER 5.90 OF, AND ADDING CHAPTER 5.91 TO, THE LA QUINTA MUNICIPAL CODE, RELATING TO THE REGULATION OF THE DELIVERY OF MEDICAL CANNABIS IN THE CITY OF LA QUINTA AND CONFORMING AMENDMENT PURSUANT TO STATE ADULT USE OF MARIJUANA ACT RECOMMENDATION A. Move to take up Ordinance by title and number only and waive further reading. B. Move to introduce at first reading of the Ordinance amending Chapter 5.90 and adding Chapter 5.91 to the La Quinta Municipal Code relating to the regulation of the delivery of medical cannabis in the City of La Quinta and conforming amendment pursuant to State Adult Use of Marijuana Act. EXECUTIVE SUMMARY  On December 15, 2015, the City Council created an ad hoc committee (Committee) to evaluate the City’s ordinance on medical cannabis deliveries.  Chapter 5.91 was added to address the regulation and licensing of medical cannabis delivery services.  With the passing of Prop. 64, the Committee also reviewed minor conforming amendments to the ordinance. FISCAL IMPACT – None. BACKGROUND/ANALYSIS On December 15, 2015, City Council created a Committee comprised of Councilmember Peña and former Councilmember Franklin to evaluate the City’s ordinance on cannabis deliveries. The first of six meetings was held on January 28, 2016 and included residents, medical professionals, and medical cannabis delivery business owners. Initially, the Committee reviewed City Ordinance Chapter 5.90 Cannabis Related Uses, Commercial Cannabis Activities, Deliveries, and Cultivation Prohibited and considered examples of other city ordinances for medical cannabis delivery allowances. Chapter 5.91 was added to the ordinance to specifically address the regulation and licensing of medical cannabis delivery services within the city. BUSINESS SESSION ITEM NO. 1 97 Amendments were also added to address the passing of Prop 64. Prop. 64 is designed to allow responsible use of marijuana by adults 21 and over within a tightly regulated system, which includes the ability for cities to ban commercial cannabis activities except (i) personal cultivation/use and (ii) transportation of cannabis on public roads. Aside from these state- authorized uses and limited medical delivery, the City’s ban on dispensaries and other prohibitions on cannabis related uses and commercial cannabis activities would remain in place under the proposed ordinance. ALTERNATIVES Staff does not recommend an alternative at this time. Prepared by: Gilbert Villalpando, Management Specialist Approved by: Frank J. Spevacek, City Manager 98 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 5.90 AND ADDING CHAPTER 5.91 TO THE LA QUINTA MUNICIPAL CODE, RELATING TO THE REGULATION OF THE DELIVERY OF MEDICAL CANNABIS IN THE CITY OF LA QUINTA AND CONFORMING AMENDMENT PURSUANT TO STATE ADULT USE OF MARIJUANA ACT WHEREAS, on November 5, 1996, the voters of the State of California approved Proposition 215, codified as Health and Safety Code Section 11362.5 et seq., and entitled the Compassionate Use Act of 1996 (“CUA”). The CUA exempts qualified patients and their primary caregivers from criminal liability under state law for the possession and cultivation of cannabis (marijuana) for personal medical use; and WHEREAS, the intent of the CUA was to enable persons in the State of California who are in need of cannabis for medicinal purposes to obtain it and use it under limited, specified circumstances; and WHEREAS, the State Legislature enacted Senate Bill 420 in October 2003, codified a Health and Safety Section 11362.7, et seq., (“Medical Marijuana Program Act,” or “MMPA”) to clarify the scope of the Compassionate Use Act of 1996 and to allow cities and other governing bodies to adopt and enforce rules and regulations consistent with SB 420. The MMPA created a state-approved voluntary medical cannabis identification card program and provided for certain additional immunities from state cannabis laws. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana Program to expressly recognize the authority of counties and cities to “[a]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana [cannabis] cooperative or collective” and to civilly and criminally enforce such ordinances; and WHEREAS, the CUA and MMPA do not “legalize” cannabis, but provide limited defenses to certain categories of individuals with respect to certain conduct and certain state criminal offenses; and WHEREAS, in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, the California Supreme Court held that “[n]othing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land[,]”; and WHEREAS, the Federal Controlled Substances Act, 21 U.S.C. § 801 et seq., classifies marijuana [cannabis] as a Schedule 1 Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted 99 medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful under federal law for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, cannabis. The Federal Controlled Substances Act contains no exemption for medical purposes; and WHEREAS, on October 9, 2015 Governor Brown signed three bills into law (AB 266, AB 243, and SB 643) which collectively are known as the Medical Marijuana Regulation and Safety Act (“MMRSA”). MMRSA established a state licensing scheme for commercial medical cannabis uses while protecting local control by requiring that all such businesses must have a local license or permit to operate in addition to a state license. MMRSA allows a City to regulate cannabis delivery activities; and WHEREAS, the City Council finds that unregulated cannabis delivery activities can adversely affect the health, safety, and well-being of City residents. Citywide regulation and licensing of medical cannabis delivery is proper and necessary to minimize the risks of criminal activity and other impacts that may result from such activities; and WHEREAS, pursuant to the MMRSA, on or about January 19, 2016, the City Council adopted Ordinance No. 532, which added Chapter 5.90 to the La Quinta Municipal Code, prohibitin throughout the City all Cannabis related uses, including but not limited to “Cooperatives,” “Cultivation,” “Deliveries,” “Dispensaries,” and other “Commercial Cannabis Activities” (as defined in Chapter 5.90) for which a state license is required under the MMRSA; and WHEREAS, in response to concerns raised by members of the public and residents of the City, the City Council directed the formation of the Ad Hoc Cannabis Committee to review and evaluate a potential amendment to the La Quinta Municipal Code that would allow for limited delivery of medical cannabis to residents within the City that would otherwise not have the ability to obtain easily medical cannabis under the City’s ban of all Commercial Cannabis Activities; and WHEREAS, on November 8, 2016, California voters approve Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (the “Adult Use Act”), which generally sets forth comprehensive statutory provisions regulating nonmedical/recreational cannabis at all levels of use and commerce; and WHEREAS, the Adult Use Act authorizes local jurisdictions to enforce state laws and regulations for nonmedical/recreational cannabis businesses, to enact additional local requirements for nonmedical/recreational cannabis businesses, and to ban nonmedical/recreational businesses; and WHEREAS, the Adult Use Act (Health and Safety Code sections 11362.1(a)(3) and 11362.2(b)(2)) authorizes “personal use” of nonmedical/ recreational cannabis for persons 21 years of age or older, and the Adult Use Act specifically allows such 100 persons to possess, plant, cultivate, harvest, dry, or process not more than six living marijuana plants and possess the marijuana produced by the plants, and state law preempts local jurisdictions from completely prohibiting persons engaging in this personal use of nonmedical/recreational cannabis inside a private residence or inside a fully enclosed and secure accessory structure to a private residence located on the grounds of a private residence; and WHEREAS, the Adult Use Act (Business and Professions Code section 26080(b)) preempts local jurisdictions from preventing transportation of cannabis or cannabis products on public roads by a licensee transporting cannabis or cannabis products in compliance with state law, but the Adult Use Act (Business and Professions Code sections 26090(b) and 26200(a)) specifically authorizes local jurisdictions to adopt and enforce local ordinances that regulate, or completely prohibit, nonmedical/recreational cannabis businesses that may be licensed to operate under the Adult Use Act, including businesses that may be licensed under state law for the delivery of nonmedical/recreational cannabis or cannabis products; and WHEREAS, after multiple meetings and discussions, including with the City Attorney’s Office and other interested stakeholders, the Ad Hoc Cannabis Committee has submitted a proposed ordinance for consideration by the City Council. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1: Recitals. The foregoing recitals are true and correct and are incorporated herein as though set forth in full. SECTION 2: Authority. This ordinance is adopted pursuant to the authority granted by the California Constitution and state law, including but not limited to Article XI, Section 7 of the California Constitution, the CUA, the MMPA, and the MMRSA. SECTION 3: Adoption. Section 5.90.020 of the La Quinta Municipal Code is hereby amended, and Chapter 5.91 is hereby added to the La Quinta Municipal Code, as written in Exhibit A attached hereto. SECTION 4: SECTION 5: 101 SECTION 6: SECTION 7: SECTION 8: PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this ___ day of _________, 20__ by the following vote: NOES: ABSENT: ABSTAIN: _____________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: ___________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: ________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 102 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. ___ which was introduced at a regular meeting on the __ day of ______________, 2015, and was adopted at a regular meeting held on the __ day of ______________, 2015, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2014-013. _________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on _______________, 2015 pursuant to Council Resolution. _________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California 103 104 EXHIBIT A CHAPTER 5.90 of the La Quinta Municipal Code is amended, to read: 5.90.010 Definitions. “Cannabis” shall mean all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from marijuana. “Cannabis” also means “marijuana” as defined by Section 11018 of the California Health and Safety Code, and Section 26001(s) of the California Business and Professions Code, as may be amended from time to time. as enacted by Chapter 1407 of the Statutes of 1972. The term “Cannabis” shall also have the same meaning as “cannabis” set forth in Section 19300.5(f) of the California Business and Professions Code, as may be amended from time to time. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, “cannabis” does not mean “industrial hemp” as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. “Cannabis accessories” shall have the same meanings as “marijuana accessories” as defined in Section 11018.2 of the California Health and Safety Code, and Section 26001(t) of the California Business and Professions Code, as may be amended from time to time. “Cannabis products” shall have the same meanings as “marijuana products” as defined in Section 11018.1 of the California Health and Safety Code, and Section 26001(u) of the California Business and Professions Code, as may be amended from time to time. “Caregiver” or “primary caregiver” shall have the same meaning as set forth in Section 11362.7 of the California Health and Safety Code, as may be amended from time to time. “Commercial cannabis activity” shall have the same meaning as set forth in Section 19300.5(k) of the California Business and Professions Code, as may be amended from time to time. “Commercial cannabis activity” shall also have the same meaning as a cannabis or marijuana “operation” as defined in Section 26001(w) of the California Business and Professions Code, as may be amended from time to time. The “Control, Regulate and Tax Adult Use of Marijuana Act” or “Adult Use Act” shall mean and refer to that the provisions of law adopted by the voters by statewide ballot 105 initiative (Proposition 64) on the November 8, 2016 General Election, as those provisions of law may be amended from time to time. “Cooperative” shall mean two or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering, or making available cannabis, with or without cultivation. “Cultivation” or “cultivate” shall have the same meaningmeanings as set forth in Section 19300.5(l) and Section 26001(e) of the California Business and Professions Code, as may be amended from time to time. “Delivery” shall have the same meaningmeanings as set forth in Section 19300.5(m) and Section 26001(h) of the California Business and Professions Code, as may be amended from time to time. “Dispensary” shall have the same meaning set forth in Section 19300.5(n) of the California Business and Professions Code, as may be amended from time to time. For purposes of this chapter, dispensary shall also include a cooperative. Dispensary shall not include the following uses: (1) a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; (2) a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; (3) a residential care facility for persons with chronic life threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code; (4) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; (5) a residential hospice or home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code. “Distribution” or “distribute” shall have the same meaning as set forth in Section 26001(j) of the California Business and Professions Code, as may be amended from time to time. “Manufacture” shall have the same meaning as set forth in Section 26001(q), and “manufacturer” shall have the same meaning as set forth in Section 26001(r), of the California Business and Professions Code, as may be amended from time to time. “Medical cannabis” or “cannabis” shall have the same meaning as set forth in Section 19300.5(ag) of the California Business and Professions Code, as may be amended from time to time. “Medical Marijuana Regulation and Safety Act” or “MMRSA” shall mean and refer to the following three bills signed into law on October 9, 2015, as the same may be amended from time to time: AB 243, AB 266, SB 643. “Qualifying patient” or “qualified patient” shall have the same meaning as set forth in Section 11362.7 of the California Health and Safety Code, as may be amended from time to time. 106 5.90.020 Prohibitions. A. Cannabis Related Uses. Except as provided in Chapter 5.91, all All cannabis related uses, including, but not limited to, cooperatives, cultivation, deliveries, dispensaries, distribution, manufacture, and other commercial cannabis activities for which a state license is required under the MMRSA and the Adult Use Act, including cannabis uses and operations relating to cannabis accessories and cannabis products, are prohibited throughout the city. The city shall not issue any permit, or process any license or other entitlement for any cannabis related use or any other activity for which a state license is required under the MMRSA. No person shall establish, operate, conduct, permit or allow any cannabis related use anywhere within the city as prohibited under this paragraph. B. Commercial Cannabis Activities. Except as provided in Chapter 5.91, all All commercial cannabis activities, including, but not limited to, cooperatives, cultivation, deliveries, and dispensaries, distribution, and manufacturing, are expressly prohibited throughout the city regardless of whether or not the commercial cannabis activity is for medical cannabis or cannabis used for medicinal purposes. The city shall not issue any permit, or process any license or other entitlement for any commercial cannabis activity. No person shall establish, operate, conduct, permit or allow a commercial cannabis activity anywhere within the city. C. Cannabis Deliveries. Except as provided in Chapter 5.91, all All deliveries of cannabis and medical cannabis are expressly prohibited in the city. No person shall conduct any deliveries of cannabis or medical cannabis that either originate or terminate at any location within the city. D. Cannabis Cultivation. Except as provided in Chapter 5.91, the The cultivation of cannabis, regardless of whether for commercial or non-commercial purposes, and including cultivation by a qualified patient or primary caregiver is expressly prohibited throughout the city. No person, including, but not limited to, a qualified patient or primary caregiver, shall cultivate any amount of cannabis in the city, regardless of whether or not the cannabis is intended to be used for medical purposes. [NO FURTHER AMENDMENTS TO CHAPTER 5.90] CHAPTER 5.91 is added to the La Quinta Municipal Code, to read: CHAPTER 5.91 MEDICAL CANNABIS DELIVERY SERVICES 5.91.010 Definitions. “Cannabis” shall have the same meaning as set forth in Section 5.90.010 of this code. 107 “Cannabis accessories” shall have the same meanings as set forth in Section 5.90.010 of this code. “Cannabis products” shall have the same meanings as set forth in Section 5.90.010 of this code. “Caregiver” and “primary caregiver” shall have the same meaning as set forth in Section 5.90.010 of this code. “Commercial Cannabis Activities” shall have the same meaning as set forth in Section 5.90.010 of this code. The “Control, Regulate and Tax Adult Use of Marijuana Act” or “Adult Use Act” shall have the same meaning set forth in Section 5.90.010 of this code. “Delivery Driver” shall mean any person who drives or operates a Delivery Vehicle for a Delivery Service in which Medical Cannabis is delivered. “Delivery Service” shall mean a person engaged in the business, whether for profit or nonprofit, of owning, controlling and/or operating one or more Delivery Vehicles which transport, carry, distribute, and/or deliver Medical Cannabis anywhere in the city. “Delivery Service” also includes the use of any technology platform owned, controlled, or operated by any person that enables Qualified Patients or Primary Caregivers to arrange for or facilitate the commercial transfer of Medical Cannabis. “Delivery Service” also includes any dispensary that provides for the delivery of Medical Cannabis as described in Section 19300.5(m) of the California Business and Professions Code. “Delivery Vehicle” shall mean a motor vehicle, as that term is defined in the California Vehicle Code, used for the transportation of Medical Cannabis. “Medical Cannabis” shall have the same meaning as set forth in Section 19300.5(ag) of the California Business and Professions Code, as may be amended from time to time. “Medical Cannabis” also means “medical cannabis products” as described in Section 19300.5(ag) of the California Business and Professions Code. “Medical Cannabis Delivery Service License” and “license” shall mean a license issued pursuant to this chapter to a Delivery Service. “Person” shall mean any individual person, firm, association, organization, partnership, joint venture, business trust, corporation, company, or entity of any kind whatsoever. “Qualified Patient” shall have the meaning set forth in California Health and Safety Code section 11362.7, as may be amended from time to time. 108 5.91.020 Medical Cannabis Delivery Service License. A. All Commercial Cannabis Activities are prohibited in the city except for: 1. A Delivery Service to deliver Medical Cannabis to a Qualified Patient from a Delivery Vehicle authorized pursuant to this chapter; 2. Personal use pursuant to Sections 11362.1(a)(3) and 11362.2(b)(2) of the California Health and Safety Code, as may be amended from time to time; and 3. Transportation of cannabis or cannabis products on public roads by a licensee transporting cannabis or cannabis products in compliance with the Adult Use Act, pursuant to Section 26080(b) of the California Business and Professions Code, as may be amended from time to time. B. Every Delivery Service shall obtain a Medical Cannabis Delivery Service License and business license from the city prior to any operation within the city. C. A Delivery Service shall comply with restrictions and conditions applicable to Delivery Services under validly issued Medical Cannabis Delivery Service Licenses. 5.91.030 Medical Cannabis Delivery Service License Exemption. A Qualified Patient or Caregiver engaged in the transportation of Medical Cannabis for his or her own personal use is exempt from the requirement of obtaining a Medical Cannabis Delivery Service License. 5.91.040 Fees and Term. A. Every Delivery Service shall first apply for a Medical Cannabis Delivery Service License, and pay a license application review and processing fee as established by resolution of the City Council from time to time. Upon approval of the Medical Cannabis Delivery Service License application, the Delivery Service shall pay to the city a fee per Delivery Vehicle as established by resolution of the City Council from time to time, and the city shall issue a Delivery Vehicle authorization placard for each properly insured Delivery Vehicle. The annual Medical Cannabis Delivery Service License renewal fee shall be as established by resolution of the City Council from time to time. For purposes of completing a criminal background check, the city may adopt by resolution a procedure by which each applicant shall present to the city the prescribed amount set by the Department of Justice of the State of California for the processing of the applicant’s fingerprints against any duly established fingerprint data base that may be used for purposes of lawfully conducting a background check. B. All licenses issued to Delivery Services shall be valid for a term of one calendar year. 109 C. None of the fees established pursuant to this section may be prorated or refunded by the city to an applicant. 5.91.050 Application for License and Renewal. A. Every application for a Medical Cannabis Delivery Service License shall be signed by the applicant and shall contain: 1. Name and address of the applicant. If the applicant is an entity, such as a corporation, the application shall have names (such as trade names) and address(es) for the business and/or service of legal process and other notices to the entity. Any applicant and recipient of a Medical Cannabis Delivery Service License shall have an obligation to continuously provide updated and current names and address(es). 2. Kind and amount of public liability and property damage insurance covering each Delivery Vehicle. 3. Valid driver’s license for any Delivery Driver and current registration for any and all Delivery Vehicle(s). 4. Whether the applicant has been cited or fined by any other city or a county for a violation of that city’s or county’s municipal code regulations concerning cannabis related uses or commercial cannabis activities. 5. All information required of applicants for a business license in the city. B. Whenever a Delivery Service submits an application for a Medical Cannabis Delivery Service License, or renewal thereof, the Delivery Service shall identify the number of Delivery Vehicles that will operate under a Medical Cannabis Delivery Service License. Each Delivery Vehicle shall have an authorization placard that may be presented upon request whenever the Delivery Vehicle is providing services authorized pursuant to this chapter. No delivery of Medical Cannabis is authorized for any vehicle except for a Delivery Vehicle with an authorization placard issued pursuant to a valid Medical Cannabis Delivery Service License. 5.91.060 Investigation of Application; Decision and Notification. A. Each application shall be referred to the city manager or his or her designee or designated department in the city for review. B. The city manager, or his or her designee or designated department in the city, shall notify the applicant in writing of a decision on an application. A decision on an application (or renewal of a license) shall be to issue a valid Medical Cannabis Delivery Service License (or renewal thereof) or deny the application and not issue a license. A decision from the city manager, or his or her designee or designated department in the city, shall be made within 7 business days of receipt of a complete (or deemed 110 complete) application; provided, however, that the inability of the city to decide an application within such timeframe shall not be grounds for any administrative or judicial action or liability whatsoever against the city. C. A decision for denial of an application shall include the reasons therefor, and shall advise the applicant of the right to appeal. No license shall be issued unless a successful appeal of the denial is made. D. If an application for a Medical Cannabis Delivery Service License (or renewal thereof) is approved, an authorization placard for each Delivery Vehicle allowed to operate under the Medical Cannabis Delivery Service License shall be issued, and each authorization placard shall be specific to the Delivery Vehicle by unique vehicle identification method, such as the valid registration for the Delivery Vehicle or other unique identifying method. 5.91.070 Appeal of Denial of Application. An appeal of a denial of an application for a Medical Cannabis Delivery Service License shall be processed as an appeal to the city manager pursuant to Chapter 2.08 of the code. An appeal of the decision of the city manager may be processed pursuant to Section 2.08.230 as an appeal to the city council. 5.91.080 Revocation and Suspension of License. A. The city may give notice to a Delivery Service of its intention to revoke a Medical Cannabis Delivery Service License. If deemed there is a risk to the general public’s health, safety or welfare for the Delivery Service to continue operations pending a revocation hearing, the city may suspend immediately the license and all rights and privileges thereunder until the hearing on revocation. B. The notice shall specify the reasons for the proposed revocation in sufficient detail so as to fully inform the Delivery Service of the reasons which have caused the notice to be given, and if the license has been suspended, the reasons for such suspension. C. The notice shall specify a time and place at which a revocation hearing will be held before the city manager. The hearing before the city manager shall be processed like an appeal to the city manager pursuant to Chapter 2.08 of the code. An appeal of the decision of the city manager may be processed pursuant to Section 2.08.230 as an appeal to the city council. 5.91.090 Grounds for Denial, Revocation or Suspension. A. A Medical Cannabis Delivery Service License (or renewal thereof) may be denied, and an existing license may be revoked or suspended, if a Delivery Driver, license holder, or applicant: 111 1. Has knowingly made a false statement in a material matter either in his or her application (or renewal of a license) or in any reports or other documents furnished by him or her to the city. 2. Does not maintain and operate a Delivery Vehicle and other equipment in the manner and in the condition required by law and applicable state and city regulations. 3. Is or has been required to register as a sex offender under the provisions of Section 290 of the California Penal Code. 4. Within 5 years immediately preceding the application submittal date (or renewal of a license), has been convicted of any offense relating to the unlawful use, sale, possession or transportation of narcotics or habit-forming drugs, other than Cannabis, prohibited by any federal or state law. 5. Within 5 years immediately preceding the application submittal date (or renewal of a license), has been convicted of any offense punishable as a felony or has been convicted of the crime of theft in any degree. 6. Within 3 years immediately preceding the application submittal date (or renewal of a license), has been under suspension, revocation or probation by the California Department of Motor Vehicles for a cause involving the safe operation of a motor vehicle, or has been convicted of driving under the influence involving bodily injury or reckless driving involving bodily injury. 7. Within 3 years immediately preceding the application submittal date (or renewal of a license), has been found responsible for a motor vehicle accident causing death or personal injury. 8. Within 1 year immediately preceding the application submittal date (or renewal of a license), has been involved in three or more motor vehicle accidents unless evidence shows that none of the accidents were caused by or the fault of the Delivery Driver, license holder, or applicant. 9. Has been convicted of any felony offense involving moral turpitude, “depraved conduct,” or similar vile conduct that “shocks the public conscience .” 10. Has failed to pay the required license fees. 11. Has violated any condition of a Medical Cannabis Delivery Service License issued to a Delivery Driver, license holder, or applicant. 12. Has violated any provision of this chapter, Chapter 5.90, or any other provisions of the city’s code or any state law concerning the regulation of Cannabis. 112 B. The grounds for denial identified above are based on the powers of the city under its general police power and obligation to protect and promote the public health, safety, and welfare. Nothing in this section shall preclude the police chief or other city or law enforcement official from providing a grounds for the denial of an application, or a revocation or suspension of an existing license, based on relevant facts and circumstances that affect the ability of Delivery Driver or Delivery Service to comply with this chapter. 5.91.100 Delivery Service Compliance. A. Each Delivery Service shall comply with all local and state laws. B. Each Delivery Service shall obtain a Medical Cannabis Delivery Service License from the city, and any other license required by the code for operation of the Delivery Service in the city, such as a business license. C. Each Delivery Service shall maintain a written record of every request for Medical Cannabis, including the name of the requestor, the address for the delivery, the quantity and type of Cannabis requested, the date and time the delivery request is received, the Delivery Vehicle that is assigned to make the delivery, and the Delivery Driver who is assigned to make the delivery. D. Each Delivery Service shall assure that every Delivery Driver shall have a copy of the record of the delivery request during the delivery of any Medical Cannabis in the city. E. Whenever a Delivery Vehicle is making a delivery pursuant to this chapter, no Delivery Service shall permit any person other than a Delivery Driver, licensed in accordance with this chapter, to operate its Delivery Vehicles in the city. F. No Delivery Service shall deliver or authorize the delivery of any Cannabis other than Medical Cannabis to a Qualified Patient or Caregiver. G. Whenever a Delivery Vehicle is making a delivery pursuant to this chapter, the Delivery Service shall have and may present upon request a current and valid recommendation from a doctor licensed by the state to issue a recommendation for use of Medical Cannabis to a Qualified Patient in the city. H. Deliveries of Medical Cannabis shall be only to private residences and Residential Care Facilities for the Elderly (RCFEs) operating pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2 of the California Health and Safety Code (as may be amended from time to time) and only if the RCFE authorizes delivery of Medical Cannabis to its facility. I. A Delivery Driver may possess no more than 8 ounces per patient of dried Cannabis, and no more than 50 packages of non-flower processed Medical Cannabis. All Medical Cannabis must be clearly packaged and labeled. 113 J. Delivery Drivers shall be at least 21 years of age and shall be employees of the Delivery Service or an independent contractor under binding agreement with the Delivery Service as a Delivery Driver. K. A list of the names and contact information of each Delivery Driver shall be maintained by the Delivery Service, and the Delivery Service shall immediately provide the names and contact information of Delivery Drivers to the city upon request. L. Delivery Drivers shall not have more than $1,000 cash on their person or in a Delivery Vehicle at any one time. M. Medical Cannabis shall be stored in a secured case in the trunk portion of a Delivery Vehicle. No Medical Cannabis is permitted within any other portion of a Delivery Vehicle. N. All Medical Cannabis shall be tested for potency, pesticides, and micro- biological ingredients to ensure products are safe for use by Qualified Patients. O. Testing information and credentials for Medical Cannabis shall be readily available for inspection by code enforcement and police officers, and delivered within 24 hours if not immediately available. P. Each Delivery Service shall maintain, for a minimum of 3 years, a written accounting or ledger of all cash, receipts, credit card transactions, and reimbursements, (including any in-kind contributions) as well as records of all operational expenditures and costs incurred by the Delivery Service in accordance with generally accepted accounting practices and standards typically applicable to business records. Q. Each Delivery Service shall pay any applicable state and local taxes for the delivery of Medical Cannabis within the city. 5.91.110 Insurance and Hold Harmless Requirements. A. Any holder of a Medical Cannabis Delivery Service License shall hold harmless and protect the city and its officials, officers, employees and agents, from any loss or damage that allegedly arises under or may result to any person or property from any activity authorized under this chapter, including the operation of a Delivery Vehicle used by a Delivery Service. As a condition of approval for a license issued under this chapter, the City may require automobile insurance or other policies of insurance as would be reasonable to request of a Delivery Service operating pursuant t this chapter. B. If insurance is a condition of approval, no Medical Cannabis Delivery Service License shall be issued until the applicant first files with the city a certificate of insurance, on a form acceptable by the city. The certificate shall provide evidence of insurance in amounts and with conditions acceptable to the city and shall be approved by the city manager or his or her authorized designee. 114 C. Each Delivery Service shall, and by acceptance of the license, does agree to indemnify, defend, and hold harmless the city, its officers, agents and employees from any and all damages, claims, liabilities, costs (including attorney’s fees), suits or other expenses resulting from and arising out of the Delivery Service’s operations. 5.91.120 Delivery Driver Requirements. A. Every Deliver Driver shall have a valid California Driver’s License when any delivery of Medical Cannabis is made. B. Every Delivery Driver shall have any applicable state license required for state authorization to operate the Delivery Service of Medical Cannabis. 5.91.130 Fee Authorization. The city may adopt by resolution fees, service charges, or assessments in amounts sufficient to pay for the costs of carrying out the provisions of this chapter. 5.91.140 Public Nuisance. Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the city pursuant to Section 731 of the California Code of Civil Procedure or any other remedy at law. 5.91.150 Violations. A. In addition to any other enforcement permitted by the La Quinta Municipal Code or state law, the city attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this chapter. In any civil action that is brought pursuant to this chapter, a court of competent jurisdiction may award civil penalties and costs to the prevailing party. B. In addition to any other enforcement permitted by the La Quinta Municipal Code or state law, a violation or violations under this chapter may result in the following fines: 1. A fine of one thousand dollars for a first violation; 2. A fine of two thousand dollars for a second violation of the same ordinance or permit within one year from the date of the first violation; and 3. A fine of three thousand dollars for each additional violation of the same ordinance or permit within one year from the date of the first violation. 115 C. In addition to any other enforcement permitted by the La Quinta Municipal Code or state law, the City Manager or his/her designee may summarily deny, suspend, or revoke any current or pending Medical Cannabis Delivery Service License and/or business license pursuant to the provisions set forth in Section 2.04.100 (Appeals to Council) of Chapter 2.04, or other applicable procedural provisions in the municipal code, for any violation of this chapter. In addition to any other penalty imposed as part of a suspension or revocation of any license, a suspension or revocation of a Medical Cannabis Delivery Service License and/or business license pursuant to this section, after notice and public hearing and 5.91.160 Provisions in Chapter Cumulative. The prohibitions and provisions in this chapter are cumulative to any and all other prohibitions and regulations in the La Quinta Municipal Code concerning Cannabis, Medical Cannabis, and cannabis in general, and nothing in this chapter supersedes or shall be construed to conflict with any other prohibitions and regulations in the La Quinta Municipal Code, including Section 9.20.050, as may be amended from time to time. 116 City of La Quinta CITY COUNCIL MEETING: March 7, 2017 STAFF REPORT AGENDA TITLE: APPROVE LEGISLATIVE POLICY GUIDE UPDATE RECOMMENDATION Approve the Legislative Policy Guide and authorize the Mayor, one Council Member, and City Manager to issue letters within the scope of these policies. EXECUTIVE SUMMARY  The updated 2017 Legislative Policy Guide (Guide) will continue to serve as a tool for the City to weigh in on legislative matters, which have direct impact on City operations.  The Guide has been updated to incorporate legislative items that surfaced this calendar year and includes legislation impacting the city in areas such as transportation, public works, community development, public safety and environment.  Over the years the guiding principals have served as the Council’s direction and will continue to enable staff to immediately respond to proposed legislation in a timely matter. FISCAL IMPACT – None. BACKGROUND/ANALYSIS The legislative landscape is constantly changing, producing impending legislation with potential impact on the City’s ability to conduct business and provide services. The Guide (Attachment 1) enables the City to have a voice on emerging key issues and allows staff to take immediate action on pressing legislation. Current issues before the legislature impacting the City are:  AB 1 (Frazier)/ SB 1 (Beall) – Transportation funding: a package of revenues and reforms that raise $6 billion annually (plus $706 million in one-time loan repayments) with approximately $2.2 billion to repair and maintain state and local roads, improve trade corridors, support transit, and fund active transportation.  AB 199 (Chu) Public Works - Existing law requires private residential projects built on private property that are built pursuant to an agreement with a state agency, redevelopment agency, or local public housing authority to meet the BUSINESS SESSION ITEM NO. 2 117 requirements for projects that are defined as "public works," including, among other requirements, the payment of prevailing wages.  SB 2 (Atkins) – Building Homes and Jobs Act: With the loss of over $1 billion per year of redevelopment housing funds, this measure would generate hundreds of millions of dollars per year for affordable rental or ownership housing, supportive housing, emergency shelters, transitional housing and other housing needs via a $75 recordation fee on specified real estate documents. The Guide presents the policies that guide the City’s legislative advocacy initiatives with its interests which include: enhance local authority, sustain fiscal responsibility, foster economic development, promote health and wellness, support public safety, and encourage preservation of environment. In addition, the Guide provides an overview of important legislative developments arising in 2017 and connects them to emerging trends in our area. It also itemizes the City Council’s policy position on key legislative areas such as economic development, finance, transportation, and public safety among others. The City receives informational updates on legislative efforts through a variety of channels, including the League of California Cities, City lobbyist Gonsalves and Son, and the City Attorney. Gonsalves and Sons provide weekly phone updates with staff and Legislative Reports with an overview of each bill and current status. ALTERNATIVES As the Legislative Guide is a resource for both Council and Staff to expedite responses on legislative matters, staff does not recommend an alternative. Prepared by: Gil Villalpando, Management Specialist Approved by: Frank J. Spevacek, City Manager Attachment: 1. Legislative Policy Guide 2017 118 2017 City of La Quinta Legislative Policy Guide ATTACHMENT 1 119 2017 Legislative Policy Guide The Legislative Policy Guide (Guide) is a tool for the City to navigate through the legislative landscape. This document details the City’s policy positions on priority issues and provides a comprehensive approach to allow staff to take immediate action on pressing legislation under City Council direction. The guide identifies legislative trends and active legislation that may have an impact on the City’s interests and affairs, and supplements other Council-established goals and policies. It is intended to be updated on a regular basis. Guiding Principles I. Enhance Local Authority The City of La Quinta is a charter city that supports legislation aimed at preserving local authority. Additional regulation or mandates that undermine local control are detrimental to quality service delivery. II. Sustain Fiscal Responsibility The City of La Quinta has been able to successfully maneuver through redevelopment dissolution and economic downturn through prudent, disciplined spending and cost- effective stewardship of City resources. Therefore, the City supports measures that promote fiscal stability. III. Foster Economic Development The City of La Quinta generally supports legislative efforts designed to foster economic development tools and funding options for effective service delivery. IV. Promote Health and Wellness The City of La Quinta actively seeks to promote a healthy and vibrant community that provides various recreational activities and opportunities for residents to enjoy the unique benefits of La Quinta. V. Support Public Safety The City of La Quinta strongly supports community safety by providing high quality law enforcement and fire services and maintaining health and safety standards for its residents. VI. Encourage Preservation of Environment The City of La Quinta is a thriving desert oasis that supports a proactive and thoughtful stance regarding the enhancement and conservation of the desert environment that surrounds us including the Salton Sea. 120 This year the state legislature sent Governor Brown 1,059 pieces of legislation. The Bill Breakdown 898 - governor signed into law 159 - governor vetoed 2 - became law without signing them La Quinta Legislation Letters 9 - Supported 12 - Opposed The Guide is to intentionally promote the adoption of legislation that will establish sound public policy for responsible governance; protect and enhance public health, safety and welfare; and aid the City’s delivery of high quality services to its residents. The Guide is intended to articulate the City’s positions on issues that are currently, or are anticipated to be, the focus of future legislation. The positions contained in the Guide are intended to supplement the broad range of goals, policies and programs reflected in the General Plan, the Municipal Code, and other adopted documents. Therefore, advocacy efforts may be based on references articulated in these policy documents as they provide current direction for the City organization. City departments are encouraged to review proposed legislation to determine how it relates to the City’s Legislative platform and recommend a position that they determine to be “high priority” and recommend that the Mayor write letters, contact legislators, and otherwise communicate the position of the City as appropriate. The Mayor, or designee, after conferring with City Manager, may authorize staff to make contact with legislators to advocate for or against legislation which is consistent with the City’s legislative platform. 121 LEGISLATION IMPACTING US The public policy landscape is constantly changing and it is incumbent on the City to stay up to date on the latest developments. Anticipating the effects emergent legislation may have on the community is therefore imperative. Below is a short outline of impact in key areas. SB 1 (Beall) / AB 1 (Frazier) - Transportation Funding: A package of revenues and reforms that raise $6 billion annually (plus $706 million in one- time loan repayments) with approximately $2.2 billion to repair and maintain state and local roads, improve trade corridors, support transit, and fund active transportation. It also adds provisions to streamline projects and increase accountability. Governor’s Transportation Budget: While the regular and special session on transportation funding came to a close last year with no resolution, the Governor’s new transportation funding proposal in this year’s budget represents an increase to $43 billion over the next ten years. Of the $4.3 billion in new funding for transportation, $1.16 billion would go to local streets and roads for maintenance and rehabilitation. SB 2 (Atkins) Building Homes and Jobs Act: With the loss of over $1 billion per year of redevelopment housing funds, this measure would generate hundreds of millions of dollars per year for affordable rental or ownership housing, supportive housing, emergency shelters, transitional housing and other housing needs via a $75 recordation fee on specified real estate documents. AB 199 (Chu) Public Works: Private Residential Projects: This bill would require private residential projects built on private property that are built pursuant to an agreement with the state agency, redevelopment agency, or local public housing authority to meet the requirements for projects that are defined as “public works.” This bill has many very concerned in that it would make already scarce affordable housing even more difficult to build by unnecessarily increasing costs to build. Companies that focus on commercial real estate are also concerned in that if the Legislature decides to apply public works requirements on housing projects of this type, it could very easily lead to similar requirements on non-residential. TRANSPORTATION & PUBLIC WORKS COMMUNITY DEVELOPMENT 122 Prop 64 – California Marijuana Legalization Initiative: Prop. 64 is designed to allow responsible use of marijuana by adults 21 and over within a tightly regulated system. It allows adults to legally possess, transport, purchase, consume and share up to one ounce of marijuana and 8 grams of concentrated marijuana. Adults may also legally grow up to six plants at home. The newly-formed Bureau of Marijuana Control within the Department of Consumer Affairs will coordinate efforts of the Departments of Public Health and Food & Agriculture, among others, to oversee regulation for both medical and nonmedical marijuana. Prop 57 – Public Safety and Rehabilitation Act of 2016: Proposition 57 is estimated to reduce the average daily adult inmate population by approximately 2,000 in 2017‑18, growing to an inmate reduction of approximately 9,500 in 2020‑21. These figures are preliminary and subject to considerable uncertainty. The implementation of Proposition 57 and other population reduction measures will allow the Department to remove all inmates from one of two remaining out‑of‑state facilities in 2017‑ 18. Additionally, as the impact of Proposition 57 grows, the Department anticipates returning all 4,900 inmates from out‑of‑state facilities by 2020. • Authorizes parole considerations for nonviolent inmates to complete the full sentence for their primary offense. • Allows inmates to earn credits for good behavior, education and rehabilitative achievement. • Requires judges rather than prosecutors to decide whether juveniles as young as 14- years-old should be tried as adults. Salton Sea: The decline of the Sea poses the potential of serious impacts to wildlife and nearby residents. The Salton Sea Management Program aims to develop 25,000 acres of wildlife habitat, suppress dust, and pursue other projects over the next decade. Strengthened by a Memorandum of Understanding with the U.S. Department of the Interior, and initially funded with over $80 million from Proposition 1 in 2016‑17, the program is guided by a 10‑year plan that aims to preserve and enhance the ecology, economy and public health of the Sea and surrounding Colorado River region. Initial projects in the plan have begun construction, and the state will coordinate with stakeholders to further implement the plan in 2017‑18. PUBLIC SAFETY Environment 123 ECONOMIC DEVELOPMENT FINANCE HOUSING ENVIRONMENT Policy Positions • The City of La Quinta supports economic development policies and funding mechanisms that foster a hospitable and thriving business environment. • In light of budget shortfalls, the City supports public-private development opportunities that encourage economic activity and promote health and wellness within the City. • The City supports retaining financial flexibility and authority with regard to redevelopment dissolution matters. • Opposes measures that would make the City more dependent on the State for financial stability. • Supports legislation that facilitates the recoupment of City costs derived from State and Federal mandates. • The City of La Quinta is a charter city that relies on contract services to provide efficient service delivery. • Opposes any change in revenue allocations which would negatively affect local governments. • Opposes any action that would preempt local control over locally imposed taxes and other funding sources. • Supports legislation that develops programs to increase housing opportunities to meet growth demand in our area. • Supports legislative efforts that provide incentives to local governments and private developers to develop additional housing opportunities including affordable housing for low income and disabled seniors, adults, and veterans. • The City of La Quinta supports the preservation of our environment. • Supports financial incentives for water reuse and legislation that encourages the treatment of municipal wastewater for non-potable reuse and promote the development of reasonable regulations to encourage and maximize the responsible use of reclaimed water as an alternative to California’s fresh water supply. 124 TOURISM PUBLIC SAFETY • The City of La Quinta supports measures that provide financing tools for increasing effective, clean transportation. • Supports clean energy alternatives that are adequately funded. • Supports State clean energy programs that are financially viable and direct funding to local government to invest in clean energy. • The City of La Quinta supports developing vital infrastructure and streamlining the local, state, and federal process for infrastructure development in order to better meet local needs. • Supports legislation that strengthens local authority over land use and infrastructure development. • The City of La Quinta generally supports legislation that strengthens local law enforcement and safeguards communities. • Supports measures aimed at providing sustained support for law enforcement to deal with the additional supervision and enforcement requirements of State-mandated realignment provisions. • Opposes expansion of "early release" for offenders without necessary mechanisms in place for local law enforcement to provide corresponding services. • The City of La Quinta strongly supports attracting tourism. • Supports efforts that help promote the City's hospitality, parks and recreation, health and wellness offerings, and entertainment venues. • Supports working closely with public and private agencies to help boost advertisement and other means of garnering tourism. • Supports measures that provide funding for parks and recreation programs. TRANSPORTATION & INFRASTRUCTURE 125 Monthly Overview of Legislative Calendar for 2017 Below is an overview that summarizes major legislative events and key dates that occur month to month, and following is the 2016 Legislative Calendar created by the Office of the Secretary of the Senate. January: The previous year’s laws go into effect during this month. Legislature reconvenes to discuss the new year of legislation ahead, and all bill requests must be submitted before the end of the month. Budgets must be submitted by the Governor during the beginning portion of the month. February: The last day for bills to be introduced occurs at the end of February. March: Spring Recess occurs at the end of the month. March 17 – March 28, 2016. May: The beginning of this month marks the last day for policy committees to hear and report to fiscal committees regarding fiscal bills being introduced. Policy committees must also report non-fiscal bills by the middle of the month. Policy committees are given their last day to meet before convening in June near the end of this month, and report Floor bills for their house. June: Floor session conducted in the beginning of the month, the last day for bills to be passed out of the house of origin occurs, and the committee meetings resume. All budgets must be passed by middle of month. July: The last day for policy committees to meet and report bills occurs during the month before Summer Recess begins. July 1 – August 1, 2016. August: Legislature reconvenes from Summer Recess. The last day for fiscal committees to report bills to the floor occurs at the end of the month. Floor session begins at the end of the month as well. September: The last day to amend bills on the Floor occurs at the beginning of the month, with the last day for each house to pass bills occurring in the middle of the month. Interim Study Recess begins shortly after. Additionally, September 30th is the last day for Governor to sign or veto bills passed by the Legislature before September 1 and are in the Governor's possession on or after September 1. 126 City of La Quinta CITY COUNCIL MEETING: March 7, 2017 STAFF REPORT AGENDA TITLE: CONSIDER ANNUAL MEMBERSHIP WITH THE COACHELLA VALLEY ECONOMIC PARTNERSHIP RECOMMENDATION Consider membership with the Coachella Valley Economic Partnership. EXECUTIVE SUMMARY  On July 8, 2016, the City of La Quinta received an invitation from the Coachella Valley Economic Partnership (CVEP) encouraging the City to re-join CVEP.  The City was last a member during 2014/15; the City Council elected to discontinue their membership and instead pursue economic development organizations that focus on the east Coachella Valley.  Council requested to revisit the CVEP membership since electing not to re-join at the October 2016 Council meeting. FISCAL IMPACT The annual investment would be $10,000. Funds are available in the Contingency – Art Event, account 101-3001-60512. If approved a budget adjustment would be processed to reallocate funds as follows: Decrease Expenditure Contingency-Art Event 101-3001-60512 $10,000 Increase Expenditure Membership Dues 101-1002-60351 $10,000 BACKGROUND/ANALYSIS CVEP is comprised of private and public sector representatives who collaborate on workforce and business development. CVEP is devoted to attracting, retaining, and expanding business while developing a high-skilled workforce to build the economy and quality of life in the Valley. Seven of the nine Valley cities are CVEP members and the City was a member until June 2015. The Council elected not to continue with CVEP and explore associations that focused on the east Coachella Valley instead. In 2015, the City joined the East Valley Coalition (EVC) for two years at a cost of $10,000 per year. Attachment 1 presents correspondence from Joe Wallace, CEO and Chief Innovation Officer requesting that the City re-join CVEP. The minimum annual investment is $10,000 BUSINESS SESSION ITEM NO. 3 127 and this affords the opportunity for a City representative to join the CVEP Board of Directors. Staff is seeking direction regarding CVEP membership. ALTERNATIVES Elect not to re-join CVEP or to rejoin and seek greater involvement and City investment in CVEP activities. Prepared by: Gilbert Villalpando, Management Specialist Approved by: Frank J. Spevacek, City Manager Attachment: 1. July 8, 2016 Letter from Joe Wallace to Mayor Evans 128 129 130 131 132 133 134        STUDY SESSION ITEM NO. 1 135           136 City of La Quinta CITY COUNCIL MEETING: March 7, 2017 STAFF REPORT AGENDA TITLE: DISCUSS SHORT-TERM VACATION RENTAL PROGRAM 2016 PROGRESS AND 2017 GOALS RECOMMENDATION Discuss Short-Term Vacation Rental Program 2016 Progress and 2017 Goals. EXECUTIVE SUMMARY •In October 2012, the City established its Short-Term Vacation Rental Program (STVRP) to monitor rentals and reduce neighborhood impacts, and to capture transient occupancy tax (TOT) from private residential rentals. •Since inception, the program has grown from 102 residential units to 919, generating $1.84 million in TOT revenue for 2016. •In March 2015 the STVRP transitioned from the Finance Department to The Hub and in March 2016 STVRP oversight was assigned to the Administration Division of Design and Development. FISCAL IMPACT – None. BACKGROUND/ANALYSIS The STVRP was established in October 2012 to register rentals to ensure their occupancy did not impact neighborhoods and to capture transient occupancy tax (TOT) from private residential rentals. Additional concerts and other events held in the eastern Coachella Valley have increased, and La Quinta residential property owners have elected to capitalize on short-term rentals. This program also allowed the City to obtain transient occupancy tax (TOT) revenue from these rentals. Since incorporation in 1982, the City’s TOT ordinance requires all properties rented for 30 days or less to collect and remit TOT revenue to the City. The current TOT rate is 10%. Since 2013, the average annual increase of TOT revenue for STVRP has been 25% (Attachment 1). The Coachella Valley as a whole has seen growth in short term rentals. (Attachment 2 and 3) The STVRP was transitioned to The Hub in March 2015 to enhance the one-stop-shop customer experience. During the transition period, staff identified a number of streamlining opportunities, which resulted in the formation of a project action team (PAT) to design and implement these findings. STUDY SESSION ITEM NO. 2 137 The goals of the PAT were to improve: • Customer service • Internal and external communication • Accessibility • Program compliance The PAT established the following goals for 2017: COMPLETION DATE • Outline online TOT reporting needs February, 2017 • Implement community outreach workshop’s February, 2017 • Develop strategic plan March, 2017 • Expand communication platforms March, 2017 • Municipal Code update June, 2017 • Contract online TOT reporting customization August, 2017 • Prepare Metrics January, 2018 • Service enhancements Ongoing • Improve program compliance Ongoing Staff will be presenting a program summary for Council consideration, and desires the following Council input: • Is there a desire to sustain or grow the program? • Is there a desire to fulfill the need for dedicated staff resources? • What level of effort should be applied to pursue non-compliant rentals and TOT? ALTERNATIVES – None Prepared by: Julie Mignogna, Management Specialist Approved by: Angelica Zarco, The Hub Manager Attachments: 1. Program Trends 2. Valley-wide comparison 3. Resource comparison 138 PROGRAM TRENDS A T T A C H M E N T 1 ATTACHMENT 1 139 140 CITY STVRP REGISTERED PROPERTIES 15/16 REVENUE PALM SPRINGS Yes 1936 $6,118,604 LA QUINTA Yes 977 $1,444,370 PALM DESERT Yes* 1208 $1,426, 900 INDIO Yes 400 $663,000 RANCHO MIRAGE Yes 400 $400,000 CATHEDRAL CITY Yes 250 $300,000 INDIAN WELLS Yes** 150 $151,952 * Program is on a Moratorium until January 2018 ** Program is on a Moratorium and will be phased out in 2018 ATTACHMENT 2 A T T A C H M E N T 2 141 142 RESOURCE COMPARISON CITY REGISTERED PROPERTIES 2016 TOT ALLOCATED STAFF RESOURCES STAFF RESOURCE COST CONTRACT RESOURCES TOTAL COST TOT TAX RATE PALM SPRINGS 1936 $6.3 M 2 - Compliance Officials (Directors) 3 - Code Enforcement Officers 1 - Building Inspector 1 - Coordinator 2 - Assistants Police Back-up $1,175,000 $180,000 $1,355,000 11.5% LA QUINTA 977 $1.84 M ½ - Registration and TOT ½ - Management Specialist Code and Police Support $109,382 $48,200 $157,582 10% PALM DESERT 1208 $1.27 M 1 - STVRP Registration and TOT 1 - STVRP Business License/Renewals 1 - Code Enforcement Officer $429,000 $26,600 $455,600 9%* *TOT Tax Rate has increased to 11% as of January 1, 2017 ATTACHMENT 3 A T T A C H M E N T 3 143 144 City of La Quinta CITY COUNCIL MEETING: March 7, 2017 STAFF REPORT AGENDA TITLE: DISCUSS NORTH LA QUINTA LANDSCAPE RENOVATION RECOMMENDATION Discuss North La Quinta landscape renovation and provide direction. EXECUTIVE SUMMARY •North La Quinta landscape renovation was voted a top priority project at the Special City Council Community Workshop on Measure G Investment Priorities held on January 25, 2017. •Staff engaged the City’s on-call Landscape Architect, Hermann Design Group to craft the proposed three year $10 million plan to address this priority. •The draft fiscal year 2017/18 Capital Improvement Program (CIP) will reflect the results of this study session. FISCAL IMPACT Measure G is proposed to fund the $10 million project beginning with the 2017/18 CIP budget. The break down is: Year 1:$3.3 Million La Quinta Vistas, La Quinta Highlands, Acacia Year 2:$2.8 Million Rancho Ocotillo, Quinterra, Cactus Flower Year 3:$3.9 Million Desert Pride, Sierra Del Rey, Marbella, Topaz BACKGROUND/ANALYSIS In 2013, the City assumed ownership of the roadway parkways in north La Quinta. On April 1, 2015, the Governor issued a statewide water conservation mandate, which requires significant reductions in potable water use for turfed parkway irrigation. Recognizing that the City must reduce water use and there is a need to refurbish these parkways, Council approved parkway turf conversion projects in the 2016/17 Capital Improvement Program that included: o The first phase of the multi-year North La Quinta Parkway Turf Conversion project o A commitment to invest $750,000 per year over 7 years, to convert the remaining turf in the north La Quinta parkways to “desert efficient” landscaping. General Fund reserves were designated to fund the 7-year program. STUDY SESSION ITEM NO. 3 145 With the passage of Measure G, the Council requested that staff accelerate the scope of the North La Quinta Turf Conversion CIP Project and include “refreshing” all landscaping (not just the turf conversion areas), and address wall aesthetics, lighting and other associated items; community members also identified these improvements as one of the top 3 priority projects at the January 2017 Community Workshop. In response, staff prepared the following proposal that accelerates implementing this expanded scope project from 7 years to 3 years; Attachment 1 identifies each phase, which are based on constructability, project size (to facilitate cost effective constructability), and visual impact. The proposed scope of work includes: Removing turf in parkways and slopes of retention basins Installing “Desert Efficient” landscape in parkways Installing “Desert Oasis” landscape on retention basin slopes - grass bottoms to remain Reducing slopes exceeding 3:1 using Keystone retaining block Cleaning and painting all walls (except split face) Cleaning split face walls Replacing light fixtures at intersections (as required) Adding new electrical pedestals, conduit, wire and light fixtures at dark intersections Removing trees in turf areas (as required) Removing trees under power lines (as required) Replacing trees (1 tree for every 3 trees removed). ALTERNATIVES Council could direct staff to adjust the scope or schedule of the work. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. Proposed Three Year Plan 146 QUINTERRAFY 2018/2019 MARBELLAFY 2019/2020 L.Q. VISTASFY 2017/2018 L.Q. DEL OROFY 2016/2017COMPLETE ACACIAFY 2017/2018 L.Q. HIGHLANDSFY 2017/2018 RANCHO OCOTILLOFY 2018/2019 CACTUSFLOWERFY 2018/2019 SIERRADEL REYFY 2019/2020 TOPAZFY 2019/2020DESERTPRIDEFY 2019/2020 Fiscal Year 2019/2020Desert PrideSierra Del Rey Topaz Marbella Budget $3,859,103 Fiscal Year 2018/2019Rancho Ocotillo QuinterraCactus Flower Budget $2,788,061 Fiscal Year 2017/2018 AcaciaLa Quinta HighlandsLa Quinta Vistas Budget $3,344,175 Fiscal Year 2016/2017La Quinta Del Oro Complete Legend A T T A C H M E N T 1 ATTACHMENT 1 147 148 City of La Quinta CITY COUNCIL MEETING: MARCH 7, 2017 STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION TO APPROVE AMENDMENT 2 TO THE OLD TOWN LA QUINTA SPECIFIC PLAN 2016-0002 (SP 2002-058) REMOVING THE VILLAS AT OLD TOWN PART B AND FIND THE SPECIFIC PLAN AMENDMENT EXEMPT PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT SECTION 15183 PROJECTS CONSISTENT WITH A COMMUNITY PLAN, GENERAL PLAN OR ZONING RECOMMENDATION Adopt a resolution to approve Amendment 2 to the Old Town La Quinta Specific Plan 2016-0002 (SP 2002-058) removing the Villas at Old Town Part B and find the specific plan amendment exempt from environmental review pursuant to California Environmental Quality Act Section 15183 Projects Consistent with a Community Plan, General Plan or Zoning. EXECUTIVE SUMMARY •This amendment to the Old Town La Quinta Specific Plan (Plan Amendment) will remove the Villas at Old Town mixed-use project once proposed for the City- owned property between Old Town and the La Quinta Library (Attachment 1). •Council amended the Plan on November 3, 2015 to include the proposed Villas at Old Town (Villas) development, but the purchase and sale agreement was terminated. •Through this amendment the Plan will cover only the existing Old Town La Quinta development and remove encumberances to development on the City- owned properties. FISCAL IMPACT – None. BACKGROUND/ANALYSIS Old Town La Quinta is located in the core of the La Quinta Village (Attachment 2). The commercial center, which is comprised of multiple two-story buildings, consists of a variety of retail, office, and restaurant uses in a pedestrian-focused environment. Several vacant City-owned parcels are located between Old Town and the La Quinta Civic Center. In 2014, the City entered into a purchase and sale agreement with Marvin Investments, Inc. to facilitate the development of these properties with mixed-use, residential and retail/office uses; this proposal was entitled “Villas at Old Town”. The Plan was amended to add these properties. PUBLIC HEARING ITEM NO. 1 149 The proposed Plan Amendment (Attachment 3) is the second amendment to the Plan. The Plan consists of Part A, Old Town La Quinta, and Part B, Villas at Old Town. The Plan was drafted so that Part A was independent of Part B. This amendment removes Part B from the Plan. These properties will then be subject to the existing Village development standards, and will allow for alternative development proposals. ENVIRONMENTAL REVIEW The Plan Amendment was reviewed under the requirements of the California Environmental Quality Act (CEQA). The Design and Development Department determined that this project is exempt from environmental review pursuant to Section 15183 of the California Environmental Quality Act in that the Plan Amendment is consistent with the General Plan and Zoning. AGENCY AND PUBLIC REVIEW Public Agency Review The Plan Amendment was sent to all applicable City departments and affected public agencies on August 16, 2016. No comments were received. SB-18 Native American Tribal Consultation As per SB-18 (2004) consultation requirements, information regarding the Plan Amendment was forwarded to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission. No Tribe requested information or consultation. Planning Commission Review At its regular meeting of February 14, 2017, the Planning Commission recommended approval of the Plan Amendment. ALTERNATIVES Alternative actions would entail not approving the Plan Amendment, or discussion and incorporation of any additional amendments deemed appropriate. Prepared by: Carlos Flores, Associate Planner Approved by: Gabriel Perez, Planning Manager Attachments: 1.Project Information 2. Project Area Site Map 3.Old Town La Quinta Specific Plan Amendment 2 150 RESOLUTION 2017 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SPECIFIC PLAN AMENDMENT TO REMOVE THE VILLAS AT OLD TOWN PART B FROM THE OLD TOWN SPECIFIC PLAN, AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBER: SPECIFIC PLAN 2016-0002 (SP 2002-058, AMENDMENT 2) APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California did, on the 7th day of March, 2017, hold a duly noticed Public Hearing, to consider a request by City of La Quinta for approval of an amendment to the Old Town La Quinta Specific Plan, generally located on the south side of Calle Tampico, between Avenida Bermudas and the La Quinta Civic Center, more particularly described as: APN: 770-124-010, 770-121-007, 770-123-012, 770-124-005, 770-123-011, 770-121-014, 770-121-008, 770-123-001, 770-121-013, 770-121-005, 770-121-010, 770-121-009, 770-121-011, 770-121-012, and 770-121-004 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on February 24, 2017 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, per SB-18 consultation requirements, the Design and Development Department has forwarded information regarding the proposed amended Specific Plan to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission and has received no request for information or consultation from a Tribe; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.240.010 of the La Quinta Municipal Code to justify recommending to the City Council approval of said Specific Plan Amendment: 1.Consistency with General Plan The proposed Specific Plan amendment is consistent with the goals and policies of the La Quinta General Plan in that the removal of Part B is consistent with Policy LU-7.4 as adopted mixed-use development standards for the Village 151 Resolution No. 2017- Specific Plan 2016-0002 (SP 2002-058, Amendment 2) – Old Town La Quinta Adopted: March 7, 2017 Page 2 of 3 Commercial District may be applied to new development projects on city- owned properties. 2. Public Welfare Approval of the proposed Specific Plan amendment will not create conditions materially detrimental to public health, safety and general welfare. The Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15183 of the Guidelines implementing CEQA California Environmental Quality Act in that the proposed project can be characterized as consistent with a General Plan and Zoning. The project is consistent with all applicable general plan and zoning regulations, occurs on a project site less than five acres in size substantially surrounded by urban uses, has no value as habitat for endangered, rare, or threatened species, would not result in any significant effects relating to traffic, noise, air/water quality, and can be adequately served by all required utilities and public services. 3. Land Use Compatibility The proposed Specific Plan amendment incorporates a land use that is compatible with zoning on adjacent properties. The property removed from the Specific Plan will continue to be zoned as Village Commercial. 4. Property Suitability The uses permitted in the Specific Plan amendment are suitable and appropriate for the subject property in that the properties removed from the Specific Plan will be subject to City’s Zoning and General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case. SECTION 2. That the above project be determined by the City Council to be exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines. SECTION 3. That it does hereby approve Specific Plan 2016-0002, as set forth in attached “Exhibit A” for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 7th day of March, 2017, by the following vote: 152 Resolution No. 2017- Specific Plan 2016-0002 (SP 2002-058, Amendment 2) – Old Town La Quinta Adopted: March 7, 2017 Page 3 of 3 AYES: NOES: ABSENT: ABSTAIN: ________________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _______________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: _______________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 153 154 Old Town La Quinta Specific Plan Specific Plan 2016-0002 (Specific Plan 02-058 - Amendment 2) EXHIBIT A 155 Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 – SP2002-058 Amendment 2) Page 2 Table of Contents: Old Town La Quinta 1. Introduction & Setting 1.1 Executive Summary 1.2 Purpose & Intent 1.3 Project Location 1.4 Site Characteristics 1.5 Background & History 1.6 General Plan & Zoning 2. Specific Plan 2.1 Project Description 2.2 Development Objectives 2.3 Land Use Plan 2.4 Circulation 2.5 Parking 3. Development Standards 3.1 Overview 3.2 Variations from LQMC 4. Design Guidelines 4.1 Architectural Guidelines 4.2 Landscape Guidelines 5. Plan Administration 5.1 Amendment 5.2 Interpretation 5.3 Enforcement 6. General Plan Consistency 6.1 Overview 6.2 Consistency Analysis 156 Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 – SP2002-058 Amendment 2) Page 3 List of Exhibits 1 Aerial photograph 2 Existing land use 3 Existing zoning 4 Overall site plan of Old Town La Quinta 5 Plaza Landscape Plans 157 Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 – SP2002-058 Amendment 2) Page 4 1. INTRODUCTION & SETTING 1.1 EXECUTIVE SUMMARY Old Town La Quinta currently consists of five buildings totaling approximately 102,000 square feet of offices, retail shops, services, restaurants, and event lawn on approximately 6 acres of property. See Exhibits 1 and 4. This Specific Plan Amendment will allow for the following: • Closure of Linden Lane in front of The Grill on Main and La Rue Wine Bar between Main Street and Avenida La Fonda to create an outdoor plaza for dining, drinking, and live music. • Construction of an exterior staircase to access the large second floor restaurant at 78065 Main Street. • Conversion of existing office space to future residential use. • Blanket approval for art, music, farmers market, and other events with fewer than one thousand attendees at a time within Old Town. • Applicant may seek building department approval for a roof deck for restaurant and music not to exceed 3,000 square feet. • Vacant pad at the southeast corner of Calle Tampico and Avenida Bermudas (previously entitled for up to a 27,000 square foot building) will be converted into a paved parking lot. • Additional square footage in the existing buildings to be used for food related uses (i.e. restaurants, juice bar, tap room, bakery, etc.). No new buildings are proposed as part this of the Specific Plan Amendment. 158 Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 – SP2002-058 Amendment 2) Page 5 Exhibit 1: Aerial photograph depicting the site and existing development 1.2 PURPOSE & INTENT The purpose of this Specific Plan Amendment is to set forth the detailed development principles, guidelines, and programs to facilitate the redevelopment of the existing Old Town La Quinta project. This Specific Plan is intended to meet the requirements for a Specific Plan as set forth in State law. The State authorizes cities and counties to adopt Specific Plans as an appropriate tool in implementing their General Plans. Such a plan is to include the detailed regulations, conditions, programs, and any proposed legislation that is necessary for the systematic implementation of the General Plan. The Specific Plan provides the linkage between the General Plan, the general goals and policies of the City, and the detailed implementation of that plan with tools such as zoning ordinances, subdivision ordinances, and the like. The Government Code (Section 65451) sets forth the minimum requirements of a Specific Plan and states: A Specific Plan shall include a text and diagram or diagrams, which specify all of the following in detail: 159 Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 – SP2002-058 Amendment 2) Page 6 1. The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. 2. The proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described by the plan. 3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. 4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3)." The Specific Plan shall include a statement of the relationship of the specific plan to the General Plan. The establishment of specific performance, design, and development standards is set forth to guide the development of the subject property in such a way as to implement the General Plan while maintaining some flexibility to respond to changing conditions which may be a factor in any long term development program. The document also acts to augment the City's Zoning Ordinance by providing particular design guidelines, a tailored list of allowable, conditionally allowable, and prohibited uses for the site, and unique development standards. 1.3 PROJECT LOCATION Old Town La Quinta is located east of Avenida Bermudas, south of Calle Tampico, north of Avenida La Fonda and west of Desert Club Drive. In addition, it includes two parking lots south of Calle Tampico east of Desert Club Drive. Calle Tampico is designated a Primary Arterial according to the City’s General Plan. Property to the north, across Calle Tampico between Avenida Bermudas and Desert Club Drive contains an Embassy Suites Hotel with 145 rooms and 72-unit casitas, the Sandbar restaurant, a Circle K and a Mexican market and vacant commercial pads. Both of the intersections are fully signalized. To the west of Old Town are a City-owned paved parking lot, a thrift store, and two vacant lots. To the south of Old Town, across Avenida La Fonda, is The Crab Pot, vacant lots, and a liquor store. To the east of Old Town is City-owned vacant land and a Verizon facility. 1.4 SITE CHARACTERISTICS The site is flat and is developed with streets, buildings, landscaping, sidewalks, and parking lots. There is one approximately 0.4 acre parcel at the corner of Calle Tampico and Bermudas, which is a grass and dirt pad. Public streets surround the site. 1.5 BACKGROUND AND HISTORY The first phase and existing streets in Old Town were built in 2002-2003. The second phase was completed in 2007. Old Town provides visitors with office space, a bank, restaurants, bars, retail stores, salons, and services. It is a place for locals, snowbirds, and visitors to the Valley to 160 Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 – SP2002-058 Amendment 2) Page 7 shop, stroll and dine. It also provides a location for a farmers market, Art Under the Umbrellas, Taste of La Quinta, Fall Family Festival, and many other events utilizing the event lawn and Main Street. 1.6 GENERAL PLAN & ZONING Implementation of this Specific Plan is intended to carry out the goals and policies contained in the General Plan of the City of La Quinta in a planned and orderly fashion. The site has a designation of VC, Village Commercial. The Land Use Map of the 2013 General Plan for the site is shown in Exhibit 2. The property is already properly planned and zoned for the uses proposed. Exhibit 3 depicts the zoning on the site and the surrounding parcels. The City of La Quinta requires a Village Use Permit or Specific Plan to establish an overall master development plan for property located with the Village Commercial (VC) zoning classification. 161 Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 – SP2002-058 Amendment 2) Page 8 Exhibit 2: Existing land use Exhibit 3: Existing zoning 162 Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 – SP2002-058 Amendment 2) Page 9 Exhibit 4: Old Town La Quinta Overall Site Plan 163 Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 – SP2002-058 Amendment 2) Page 10 2. SPECIFIC PLAN 2.1 PROJECT DESCRIPTION There are a few changes to the physical appearance and land uses of Old Town proposed by this Specific Plan Amendment. The physical changes to Old Town are proposed as follows: • The permanent improvement of the parking lot at the corner of Avenida Bermudas and Calle Tampico into a new paved parking lot with 42 parking spaces, with associated landscaping, lighting and irrigation. This lot was originally designed to allow for the construction of a two-story building containing up to 27,000 square feet of retail and office space, but has been used as a parking lot for the last ten years. • Closure of Linden Lane, between Main Street and Avenida La Fonda, in front of The Grill on Main and La Rue Wine Bar. This street closure would allow for the installation of a pedestrian-oriented plaza to be used for events and for additional dining and bar areas for the adjacent restaurants. See Exhibit 5 Plaza Plans. • Addition of an exterior staircase leading to the second floor patio/restaurant space of the building located at 78065 Main Street. This staircase would allow for direct access to that restaurant from the plaza to enhance the customer experience. This staircase would be in addition to the existing two internal building staircases and one elevator used to access this restaurant space now. • Cables and lights would be added for both shade and lighting above the plaza area. Roof decks not to exceed 3,000 square feet each could be added to 78065 Main Street and 78085 Main Street to incorporate dining and bars. The changes in use in Old Town are proposed as follows: • The percentage of restaurant space allowed would be changed from 20,400 square feet (16% of the 127,500 square feet of existing entitlements) to 34,000 square feet. This increase is needed to meet market demand and is justified by the addition of both on-site parking in Old Town and the elimination of one 27,000 square foot building from the approvals. This 34,000 square feet of restaurants would include conditioned space and enclosed patios. It would not include beer garden on the plaza or potential roof deck. • The conversion at some point in the future of some or all of the office space located on the second floor of Old Town to use as residential units. A maximum of 30 new condominium units of one to three bedrooms would be created in what are now offices. These condominiums would range in size from 850 to 2,400 square feet. One reserved parking space per unit would be delineated or private garages, built over existing parking places, would be built on site for these condominiums. 164 Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 – SP2002-058 Amendment 2) Page 11 • The creation of the outdoor dining and bar area with fire pits, fountains, and outdoor music to allow for the adjacent restaurants to serve customers in a festive and inviting environment. This outdoor venue would not be counted in the restaurant space limitation because it would only be used seasonally and for special events. A valet parking area may be created on the Main Street side of the plaza. These valet parking areas would be completely out of existing vehicular paths of travel, and would not interrupt traffic. Valet parking will use existing parking spaces but will allow more cars to park in the same area. • This amendment will allow an exemption from Temporary Use Permits for events held on the property which is part of this Specific Plan for arts festivals, farmer’s markets, music festivals and similar public events with total attendance of less than 1,000 people. Applicable Alcohol Beverage Control and County Health Permits will still be required. Police and Fire standards will be observed. City will review special event usage with applicant annually. 165 Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 – SP2002-058 Amendment 2) Page 12 Exhibit 5: Plaza Plans 166 Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 – SP2002-058 Amendment 2) Page 13 2.2 DEVELOPMENT OBJECTIVE The objective of this amendment to the Specific Plan is to allow for the continued, but enhanced enjoyment of Old Town by both tenants and the public. It will allow for more variety of restaurants, tap rooms, bars and food concessions. It will also give the flexibility to allow people to live at Old Town at some future date when the market justifies by conversion of office space to residences. It will further allow for more public events and pedestrian friendly areas for relaxation away from cars and traffic. Finally it provides for more paved parking for both tenants and guests. 2.3 LAND USE PLAN The land use is being changed by eliminating one approved building, building a paved parking lot, closing off Linden Lane for a pedestrian plaza and conversion of buildings into mixed use (including residential uses). 2.4 CIRCULATION PLAN The existing circulation in and around Old Town will not change except for the elimination of the Linden Lane connection between Avenida La Fonda and Main Street. The elimination of this two hundred foot section of street will not change the circulation as two-way traffic will continue on Avenida La Fonda and Main Street with connections to Desert Club Drive and Avenida Bermudas using either street. The new parking lot being created at the corner of Calle Tampico and Avenida Bermudas will have an entry and exit point into the existing driveway (street in the middle of the site). This access point is adjacent to and utilizes the existing access to Calle Tampico. In this way this parking lot can be safely entered and exited during events using the event lawn and even the parking lot adjacent to the event lawn. This will add flexibility to event planning and parking. 2.5 PARKING 176 parking spaces are provided on-site and another 42 will be added by the construction of the new parking lot at the corner of Calle Tampico and Avenida Bermudas. Five spaces will be lost when the plaza is constructed. Approximately 220 spaces are available off-site for a total of nearly 440 parking spaces. These off-site spaces are located near to the site (within 300 feet) on the east side of Desert Club Drive, on Avenida La Fonda and in the two public parking lots on the west side of Avenida Bermudas. The plan proposes to use the City’s allowed method for alternative parking standards. The site has been designed to promote pedestrian mobility, as suggested in the City of La Quinta Village Design Guidelines, by grouping of mixed uses and using design elements such as ample shading, a central plaza, seating areas and decorative paving. This design will encourage people from nearby businesses and residences to walk to the site, thereby reducing the need for on-site parking. The plan anticipates using a shared parking arrangement as permitted in the City Zoning Ordinance Section 9.150.070. This statement maintains that parking for non-residential uses shall be within 300 feet of the uses served by the parking and shall be located in a commercial district. In addition, the sit-down restaurants will be open during evening hours, when most office 167 Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 – SP2002-058 Amendment 2) Page 14 and retail uses will be closed. A significantly larger number of parking spaces will be available during the hours for restaurant use. This method of providing spaces through shared parking will reduce the number of automobiles on the site. This is important for the design concept of a pedestrian oriented commercial village. Forty-two new parking spaces will be added to Old Town with the new parking lot. Closing Linden Lane will eliminate five spaces. These new spaces as well existing parking, adjacent City owned parking lots and nearby streets will supply adequate parking for events and everyday use. Parking for residential use will be by one reserved space per residential unit or private garages to be built at time of conversion to residential. These garages will be built on existing surface lots owned by Old Town. 3. DEVELOPMENT STANDARDS 3.1 OVERVIEW The uses and development standards shall be generally in accordance with the provisions of the La Quinta Zoning and General Plan regulations. Should conflict occur between the regulations and the Plan, the provisions of the Plan and supporting text shall prevail. In addition to the permitted uses of the Village Commercial zoning temporary outdoor events may be permitted in accordance with Section 9.100.140 of the Zoning Ordinance. 3.2 VARIATIONS FROM LQMC No new variances from the LQMC are proposed. 4. DESIGN GUIDELINES 4.1 ARCHITECTURAL GUIDELINES No changes to the design guidelines are proposed. 4.2 LANDSCAPE GUIDELINES. No changes to the landscape guidelines are proposed. 5. PLAN ADMINISTRATION 5.1 AMENDMENT This chapter describes the procedures for administration and implementation of the Specific Plan. The Specific Plan establishes the general intent and comprehensive framework for development of the community. Minor modifications that are consistent with the purpose and intent of the current Old Town Specific Plan are allowed at the discretion of the Design and Development Director or designee. Therefore, it is intended that this Specific Plan provide City Staff with the 168 Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 – SP2002-058 Amendment 2) Page 15 flexibility to interpret the details of project development as well as those items discussed in general terms in the Specific Plan without requiring a Specific Plan Amendment. Requests for administrative changes shall be made in writing. If and when it is determined that changes or adjustments are necessary or appropriate, the Design and Development Director or designee shall approve these administratively. After approval, any such amendment will be attached to the Specific Plan as an addendum and may be further changed and amended from time to time as necessary. Administrative Changes Representative examples of such changes may include, but are not limited to: • The addition of new information to the Specific Plan maps or text that do not substantially change the effect of any regulation. The new information may include more detailed, site- specific information. • Changes to community infrastructure such as drainage systems, roads, water and sewer systems, etc. • Modification of architectural or landscape design criteria or details. 
No changes to the existing criteria for architecture or landscaping are being proposed. • The applicant is responsible for coordinating an annual review of special events with the Design and Development Department. Subject to this review, the Department may revise or revoke the exemption from Temporary Use Permits. 5.2 INTERPRETATION Where there is ambiguity between the Specific Plan and the Zoning Code, the Design and Development Director shall review pertinent information and make a determination as to which code or standard applies. All determinations shall be in writing and shall be attached to the Specific Plan as noted under Administrative Changes, earlier in this section. All uses not specifically listed in this Specific Plan are prohibited. However, the Design and Development Director may determine that a use not listed is included within or comparable to a listed use and, once so determined; it shall be treated in the same manner as a listed use. 5.3 ENFORCEMENT The City of La Quinta shall administer the provisions of the Old Town Specific Plan in accordance with the State of California Government Code, Subdivision Map Act, the City of La Quinta General Plan, and the City of La Quinta Municipal Code. The Specific Plan development procedures, regulations, standards, and specifications shall supersede the relevant provisions of the City's Municipal Code, as they currently exist or may be amended in the future. 169 Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 – SP2002-058 Amendment 2) Page 16 All regulations, conditions, and programs contained herein shall be deemed separate distinct and independent provisions of this Specific Plan. In the event that any such provision is held invalid or unconstitutional, the validity of all the remaining provisions of this Specific Plan shall not be affected. Any development regulation and building requirement not addressed in this Specific Plan shall be subject to all relevant City of La Quinta ordinances, codes, and regulations. The enforcement of the provisions of this Specific Plan shall be by the following: The City of La Quinta Design and Development Department shall enforce the development standards and design guidelines set forth herein. 
 Any administrative decision or interpretation of this Specific Plan may be appealed to the Planning Commission. Likewise, any decision by the Planning Commission may be appealed to the City Council per 9.200.120 LQMC provisions. 6. GENERAL PLAN CONSISTENCY 6.1 OVERVIEW It is consistent in style, theme and spirit of surrounding development in the Village. The plan carefully pays tribute to often stated City planning goals of creating a Village which is pedestrian friendly and which offers residents both commercial and residential uses in a cohesive historical context. 6.2 CONSISTENCY ANALYSIS The uses and development standards shall be generally in accordance with the provisions of the La Quinta Zoning and General Plan regulations. Should conflict occur between the regulations and the Plan, the provisions of the Plan and supporting text shall prevail. In addition to the permitted uses of the Village Commercial zoning temporary outdoor events may be permitted in accordance with Section 9.100.140 of the Zoning Ordinance. 170 Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 – SP2002-058 Amendment 2) Page 17 NOTE: Specific Plan 2015-0001 (SP 2002-058 Amendment 1) amended the original Specific Plan to include “Part B: Villas at Old Town” from Pages 19-50. Specific Plan 2016-0002 (SP 2002-058 Amendment 2) removed Part B and references to the Villas at Old Town. 171 172 Project Information CASE NUMBER: SPECIFIC PLAN 2016-0002 (SP 2002-058 AMENDMENT 2) APPLICANT: CITY OF LA QUINTA PROPERTY OWNER: CITY OF LA QUINTA REQUEST: ADOPT A RESOLUTION TO APPROVE AMENDMENT 2 TO THE OLD TOWN LA QUINTA SPECIFIC PLAN 2016-0002 (SP 2002- 058) REMOVING THE VILLAS AT OLD TOWN PART B AND FIND THE SPECIFIC PLAN AMENDMENT EXEMPT PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT SECTION 15183 PROJECTS CONSISTENT WITH A COMMUNITY PLAN, GENERAL PLAN OR ZONING LOCATION: SOUTH OF CALLE TAMPICO BETWEEN AVENIDA BERMUDAS AND THE LA QUINTA CIVIC CENTER GENERAL PLAN DESIGNATION: VILLAGE COMMERCIAL ZONING DESIGNATION: VILLAGE COMMERCIAL SURROUNDING ZONING/LAND USES: NORTH: VILLAGE COMMERCIAL EXISTING COMMERCIAL DEVELOPMENT SOUTH: VILLAGE COMMERCIAL VACANT, UN-ENTITLED LAND EAST: VILLAGE COMMERCIAL EXISTING COMMERCIAL DEVELOPMENT WEST: MAJOR COMMUNITY FACILITIES CIVIC CENTER CAMPUS ATTACHMENT 1 173 174 CALLE TAMPICO AVENIDA LA FONDA DE S E R T C L U B D R MAIN S T CALLE ESTADO CALLE FORTUN A SE A S O N S W A Y OLD TOWN LN L I N D E N L N CALLE CADIZ CA L L E G U A T A M A L A CALLE ESTADO City of La Quinta Community Development Department Old Town & VillasProject Area Site Map September 22, 2015 ® Planning Division Old Town La Quinta Villas at Old Town ATTACHMENT 2 A T T A C H M E N T 2 175 176 Old Town La Quinta Specific Plan Amendment 1 (Specific Plan 2015-0001 – SP 2002-058, Amendment 1) Specific Plan 2016-0002 (Specific Plan 02-058 - Amendment 2) Prepared by: Marvin Investments, Inc. 78100 Main Street, Suite 203 La Quinta, CA 92253 ATTACHMENT 3 177 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 2 October 6, 2015 Adopted by City Council Resolution 2015-____ This Specific Plan Amendment is divided into two parts: • Part A addresses Old Town La Quinta (page 3) • Part B addresses the Villas at Old Town (page 19) Please refer to the following exhibit: 178 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 3 179 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 4 Part A: Old Town La Quinta 180 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 5 Table of Contents: Old Town La Quinta 1. Introduction & Setting 1.1 Executive Summary 1.2 Purpose & Intent 1.3 Project Location 1.4 Site Characteristics 1.5 Background & History 1.6 General Plan & Zoning 2. Specific Plan 2.1 Project Description 2.2 Development Objectives 2.3 Land Use Plan 2.4 Circulation 2.5 Parking 3. Development Standards 3.1 Overview 3.2 Variations from LQMC 4. Design Guidelines 4.1 Architectural Guidelines 4.2 Landscape Guidelines 5. Plan Administration 5.1 Amendment 5.2 Interpretation 5.3 Enforcement 6. General Plan Consistency 6.1 Overview 6.2 Consistency Analysis 181 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 6 List of Exhibits 1 Aerial photograph 2 Existing land use 3 Existing zoning 4 Overall site plan of Old Town La Quinta 5 Plaza Landscape Plans 182 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 7 1. INTRODUCTION & SETTING 1.1 EXECUTIVE SUMMARY Old Town La Quinta currently consists of five buildings totaling approximately 102,000 square feet of offices, retail shops, services, restaurants, and event lawn on approximately 6 acres of property. See Exhibits 1 and 4. This Specific Plan Amendment will allow for the following: • Closure of Linden Lane in front of The Grill on Main and La Rue Wine Bar between Main Street and Avenida La Fonda to create an outdoor plaza for dining, drinking, and live music. • Construction of an exterior staircase to access the large second floor restaurant at 78065 Main Street. • Conversion of existing office space to future residential use. • Blanket approval for art, music, farmers market, and other events with fewer than one thousand attendees at a time within Old Town. • Applicant may seek building department approval for a roof deck for restaurant and music not to exceed 3,000 square feet. • Vacant pad at the southeast corner of Calle Tampico and Avenida Bermudas (previously entitled for up to a 27,000 square foot building) will be converted into a paved parking lot. • Additional square footage in the existing buildings to be used for food related uses (i.e. restaurants, juice bar, tap room, bakery, etc.). No new buildings are proposed as part this of the Specific Plan Amendment. 183 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 8 Exhibit 1: Aerial photograph depicting the site and existing development 1.2 PURPOSE & INTENT The purpose of this Specific Plan Amendment is to set forth the detailed development principles, guidelines, and programs to facilitate the redevelopment of the existing Old Town La Quinta project. This Specific Plan is intended to meet the requirements for a Specific Plan as set forth in State law. The State authorizes cities and counties to adopt Specific Plans as an appropriate tool in implementing their General Plans. Such a plan is to include the detailed regulations, conditions, programs, and any proposed legislation that is necessary for the systematic implementation of the General Plan. The Specific Plan provides the linkage between the General Plan, the general goals and policies of the City, and the detailed implementation of that plan with tools such as zoning ordinances, subdivision ordinances, and the like. The Government Code (Section 65451) sets forth the minimum requirements of a Specific Plan and states: A Specific Plan shall include a text and diagram or diagrams, which specify all of the following in detail: 184 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 9 1. The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. 2. The proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described by the plan. 3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. 4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3)." The Specific Plan shall include a statement of the relationship of the specific plan to the General Plan. The establishment of specific performance, design, and development standards is set forth to guide the development of the subject property in such a way as to implement the General Plan while maintaining some flexibility to respond to changing conditions which may be a factor in any long term development program. The document also acts to augment the City's Zoning Ordinance by providing particular design guidelines, a tailored list of allowable, conditionally allowable, and prohibited uses for the site, and unique development standards. 1.3 PROJECT LOCATION Old Town La Quinta is located east of Avenida Bermudas, south of Calle Tampico, north of Avenida La Fonda and west of Desert Club Drive. In addition, it includes two parking lots south of Calle Tampico east of Desert Club Drive. Calle Tampico is designated a Primary Arterial according to the City’s General Plan. Property to the north, across Calle Tampico between Avenida Bermudas and Desert Club Drive contains an Embassy Suites Hotel with 145 rooms and 72-unit casitas, the Sandbar restaurant, a Circle K and a Mexican market and vacant commercial pads. Both of the intersections are fully signalized. To the west of Old Town are a City-owned paved parking lot, a thrift store, and two vacant lots. To the south of Old Town, across Avenida La Fonda, is The Crab Pot, vacant lots, and a liquor store. To the east of Old Town is City-owned vacant land and a Verizon facility. 1.4 SITE CHARACTERISTICS The site is flat and is developed with streets, buildings, landscaping, sidewalks, and parking lots. There is one approximately 0.4 acre parcel at the corner of Calle Tampico and Bermudas, which is a grass and dirt pad. Public streets surround the site. 1.5 BACKGROUND AND HISTORY The first phase and existing streets in Old Town were built in 2002-2003. The second phase was completed in 2007. Old Town provides visitors with office space, a bank, restaurants, bars, retail stores, salons, and services. It is a place for locals, snowbirds, and visitors to the Valley to 185 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 10 shop, stroll and dine. It also provides a location for a farmers market, Art Under the Umbrellas, Taste of La Quinta, Fall Family Festival, and many other events utilizing the event lawn and Main Street. 1.6 GENERAL PLAN & ZONING Implementation of this Specific Plan is intended to carry out the goals and policies contained in the General Plan of the City of La Quinta in a planned and orderly fashion. The site has a designation of VC, Village Commercial. The Land Use Map of the 2013 General Plan for the site is shown in Exhibit 2. The property is already properly planned and zoned for the uses proposed. Exhibit 3 depicts the zoning on the site and the surrounding parcels. The City of La Quinta requires a Village Use Permit or Specific Plan to establish an overall master development plan for property located with the Village Commercial (VC) zoning classification. 186 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 11 Exhibit 2: Existing land use Exhibit 3: Existing zoning 187 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 12 Exhibit 4: Old Town La Quinta Overall Site Plan 188 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 13 2. SPECIFIC PLAN 2.1 PROJECT DESCRIPTION There are a few changes to the physical appearance and land uses of Old Town proposed by this Specific Plan Amendment. The physical changes to Old Town are proposed as follows: • The permanent improvement of the parking lot at the corner of Avenida Bermudas and Calle Tampico into a new paved parking lot with 42 parking spaces, with associated landscaping, lighting and irrigation. This lot was originally designed to allow for the construction of a two-story building containing up to 27,000 square feet of retail and office space, but has been used as a parking lot for the last ten years. • Closure of Linden Lane, between Main Street and Avenida La Fonda, in front of The Grill on Main and La Rue Wine Bar. This street closure would allow for the installation of a pedestrian-oriented plaza to be used for events and for additional dining and bar areas for the adjacent restaurants. See Exhibit 5 Plaza Plans. • Addition of an exterior staircase leading to the second floor patio/restaurant space of the building located at 78065 Main Street. This staircase would allow for direct access to that restaurant from the plaza to enhance the customer experience. This staircase would be in addition to the existing two internal building staircases and one elevator used to access this restaurant space now. • Cables and lights would be added for both shade and lighting above the plaza area. Roof decks not to exceed 3,000 square feet each could be added to 78065 Main Street and 78085 Main Street to incorporate dining and bars. The changes in use in Old Town are proposed as follows: • The percentage of restaurant space allowed would be changed from 20,400 square feet (16% of the 127,500 square feet of existing entitlements) to 34,000 square feet. This increase is needed to meet market demand and is justified by the addition of both on-site parking in Old Town and the elimination of one 27,000 square foot building from the approvals. This 34,000 square feet of restaurants would include conditioned space and enclosed patios. It would not include beer garden on the plaza or potential roof deck. • The conversion at some point in the future of some or all of the office space located on the second floor of Old Town to use as residential units. A maximum of 30 new condominium units of one to three bedrooms would be created in what are now offices. These condominiums would range in size from 850 to 2,400 square feet. One reserved parking space per unit would be delineated or private garages, built over existing parking places, would be built on site for these condominiums. 189 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 14 • The creation of the outdoor dining and bar area with fire pits, fountains, and outdoor music to allow for the adjacent restaurants to serve customers in a festive and inviting environment. This outdoor venue would not be counted in the restaurant space limitation because it would only be used seasonally and for special events. A valet parking area may be created on the Main Street side of the plaza. These valet parking areas would be completely out of existing vehicular paths of travel, and would not interrupt traffic. Valet parking will use existing parking spaces but will allow more cars to park in the same area. • This amendment will allow an exemption from Temporary Use Permits for events held on the property which is part of this Specific Plan for arts festivals, farmer’s markets, music festivals and similar public events with total attendance of less than 1,000 people. Applicable Alcohol Beverage Control and County Health Permits will still be required. Police and Fire standards will be observed. City will review special event usage with applicant annually. 190 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 15 Exhibit 5: Plaza Plans 191 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 16 2.2 DEVELOPMENT OBJECTIVE The objective of this amendment to the Specific Plan is to allow for the continued, but enhanced enjoyment of Old Town by both tenants and the public. It will allow for more variety of restaurants, tap rooms, bars and food concessions. It will also give the flexibility to allow people to live at Old Town at some future date when the market justifies by conversion of office space to residences. It will further allow for more public events and pedestrian friendly areas for relaxation away from cars and traffic. Finally it provides for more paved parking for both tenants and guests. 2.3 LAND USE PLAN The land use is being changed by eliminating one approved building, building a paved parking lot, closing off Linden Lane for a pedestrian plaza and conversion of buildings into mixed use (including residential uses). 2.4 CIRCULATION PLAN The existing circulation in and around Old Town will not change except for the elimination of the Linden Lane connection between Avenida La Fonda and Main Street. The elimination of this two hundred foot section of street will not change the circulation as two-way traffic will continue on Avenida La Fonda and Main Street with connections to Desert Club Drive and Avenida Bermudas using either street. The new parking lot being created at the corner of Calle Tampico and Avenida Bermudas will have an entry and exit point into the existing driveway (street in the middle of the site). This access point is adjacent to and utilizes the existing access to Calle Tampico. In this way this parking lot can be safely entered and exited during events using the event lawn and even the parking lot adjacent to the event lawn. This will add flexibility to event planning and parking. 2.5 PARKING 176 parking spaces are provided on-site and another 42 will be added by the construction of the new parking lot at the corner of Calle Tampico and Avenida Bermudas. Five spaces will be lost when the plaza is constructed. Approximately 220 spaces are available off-site for a total of nearly 440 parking spaces. These off-site spaces are located near to the site (within 300 feet) on the east side of Desert Club Drive, on Avenida La Fonda and in the two public parking lots on the west side of Avenida Bermudas. The plan proposes to use the City’s allowed method for alternative parking standards. The site has been designed to promote pedestrian mobility, as suggested in the City of La Quinta Village Design Guidelines, by grouping of mixed uses and using design elements such as ample shading, a central plaza, seating areas and decorative paving. This design will encourage people from nearby businesses and residences to walk to the site, thereby reducing the need for on-site parking. The plan anticipates using a shared parking arrangement as permitted in the City Zoning Ordinance Section 9.150.070. This statement maintains that parking for non-residential uses shall be within 300 feet of the uses served by the parking and shall be located in a commercial district. In addition, the sit-down restaurants will be open during evening hours, when most office 192 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 17 and retail uses will be closed. A significantly larger number of parking spaces will be available during the hours for restaurant use. This method of providing spaces through shared parking will reduce the number of automobiles on the site. This is important for the design concept of a pedestrian oriented commercial village. Forty-two new parking spaces will be added to Old Town with the new parking lot. Closing Linden Lane will eliminate five spaces. These new spaces as well existing parking, adjacent City owned parking lots and nearby streets will supply adequate parking for events and everyday use. Parking for residential use will be by one reserved space per residential unit or private garages to be built at time of conversion to residential. These garages will be built on existing surface lots owned by Old Town. 3. DEVELOPMENT STANDARDS 3.1 OVERVIEW The uses and development standards shall be generally in accordance with the provisions of the La Quinta Zoning and General Plan regulations. Should conflict occur between the regulations and the Plan, the provisions of the Plan and supporting text shall prevail. In addition to the permitted uses of the Village Commercial zoning temporary outdoor events may be permitted in accordance with Section 9.100.140 of the Zoning Ordinance. 3.2 VARIATIONS FROM LQMC No new variances from the LQMC are proposed. 4. DESIGN GUIDELINES 4.1 ARCHITECTURAL GUIDELINES No changes to the design guidelines are proposed. 4.2 LANDSCAPE GUIDELINES. No changes to the landscape guidelines are proposed. 5. PLAN ADMINISTRATION 5.1 AMENDMENT This chapter describes the procedures for administration and implementation of the Specific Plan. The Specific Plan establishes the general intent and comprehensive framework for development of the community. Minor modifications that are consistent with the purpose and intent of the current Old Town Specific Plan are allowed at the discretion of the Community Design and Development Director or designee. Therefore, it is intended that this Specific Plan provide City 193 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 18 Staff with the flexibility to interpret the details of project development as well as those items discussed in general terms in the Specific Plan without requiring a Specific Plan Amendment. Requests for administrative changes shall be made in writing. If and when it is determined that changes or adjustments are necessary or appropriate, the Community Design and Development Director or designee shall approve these administratively. After approval, any such amendment will be attached to the Specific Plan as an addendum and may be further changed and amended from time to time as necessary. Administrative Changes Representative examples of such changes may include, but are not limited to: • The addition of new information to the Specific Plan maps or text that do not substantially change the effect of any regulation. The new information may include more detailed, site- specific information. • Changes to community infrastructure such as drainage systems, roads, water and sewer systems, etc. • Modification of architectural or landscape design criteria or details. 
No changes to the existing criteria for architecture or landscaping are being proposed. • The applicant is responsible for coordinating an annual review of special events with the Community Design and Development Department. Subject to this review, the Department may revise or revoke the exemption from Temporary Use Permits. 5.2 INTERPRETATION Where there is ambiguity between the Specific Plan and the Zoning Code, the Director of Community Design and Development shall review pertinent information and make a determination as to which code or standard applies. All determinations shall be in writing and shall be attached to the Specific Plan as noted under Administrative Changes, earlier in this section. All uses not specifically listed in this Specific Plan are prohibited. However, the Community Design and Development Director may determine that a use not listed is included within or comparable to a listed use and, once so determined; it shall be treated in the same manner as a listed use. 5.3 ENFORCEMENT The City of La Quinta shall administer the provisions of the Old Town Specific Plan in accordance with the State of California Government Code, Subdivision Map Act, the City of La Quinta General Plan, and the City of La Quinta Municipal Code. 194 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 19 The Specific Plan development procedures, regulations, standards, and specifications shall supersede the relevant provisions of the City's Municipal Code, as they currently exist or may be amended in the future. All regulations, conditions, and programs contained herein shall be deemed separate distinct and independent provisions of this Specific Plan. In the event that any such provision is held invalid or unconstitutional, the validity of all the remaining provisions of this Specific Plan shall not be affected. Any development regulation and building requirement not addressed in this Specific Plan shall be subject to all relevant City of La Quinta ordinances, codes, and regulations. The enforcement of the provisions of this Specific Plan shall be by the following: The City of La Quinta Community Design and Development Department shall enforce the development standards and design guidelines set forth herein. 
 Any administrative decision or interpretation of this Specific Plan may be appealed to the Planning Commission. Likewise, any decision by the Planning Commission may be appealed to the City Council per 9.200.120 LQMC provisions. 6. GENERAL PLAN CONSISTENCY 6.1 OVERVIEW It is consistent in style, theme and spirit of surrounding development in the Village. The plan carefully pays tribute to often stated City planning goals of creating a Village which is pedestrian friendly and which offers residents both commercial and residential uses in a cohesive historical context. 6.2 CONSISTENCY ANALYSIS The uses and development standards shall be generally in accordance with the provisions of the La Quinta Zoning and General Plan regulations. Should conflict occur between the regulations and the Plan, the provisions of the Plan and supporting text shall prevail. In addition to the permitted uses of the Village Commercial zoning temporary outdoor events may be permitted in accordance with Section 9.100.140 of the Zoning Ordinance. 195 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 20 Part B: Villas at Old Town 196 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 21 Table of Contents: Villas at Old Town 1. Introduction & Setting 1.1 Executive Summary 1.2 Purpose & Intent 1.3 Project Location 1.4 Site Characteristics 1.5 Background & History 1.6 General Plan & Zoning 1.7 Utility & Service Providers 1.8 Entitlement Process 2. Specific Plan 2.1 Project Description 2.2 Development Objectives 2.3 Land Use Plan 2.4 Circulation 2.5 Open Space & Recreation 2.6 Water, Sewer & Other Utilities 2.7 Grading & Drainage 2.8 Phasing Plan 3. Development Standards 3.1 Overview 3.2 Development Standards 3.3 Permitted Uses 3.4 Parking 4. Design Guidelines 4.1 Architectural Guidelines 4.2 Landscape Guidelines 5. Plan Administration 5.1 Amendment 5.2 Interpretation 5.3 Enforcement 6. General Plan Consistency 6.1 Overview 6.2 Consistency Analysis 197 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 22 List of Exhibits 1 Aerial photograph 2 Existing land use 3 Existing zoning 4 Overall site plan of Old Town La Quinta and Villas at Old Town 5 Parking 6 Street Cross Sections 7 Sewer Service Plan 8 Water Service Plan 9 Phasing Plan 10 Landscape Concepts 11 Pedestrian crossing areas to Villas from existing Old Town 12 Architectural vocabulary and sections 13 Typical architectural elevations 14 Architectural concept 198 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 23 1. INTRODUCTION & SETTING 1.1 EXECUTIVE SUMMARY In 2002 the City of La Quinta approved the Old Town Specific Plan. This section of this Specific Plan Amendment has been written to add approximately three acres of land, which the applicant is acquiring from the City, to the Old Town Specific Plan. On this additional three acres of land the applicant seeks to gain approval for the construction of five buildings containing 84 condominiums and 20,000 square feet of commercial space. 1.2 PURPOSE AND INTENT The purpose of this Specific Plan Amendment is to set forth the detailed development principles, guidelines, and programs to facilitate the development of another three acres of vacant land adjacent to Old Town to the east, which is being acquired from the City of La Quinta. It will allow for approximately 20,000 square feet of retail and offices on the ground floor and 84 residential condominiums to be built in five buildings in two phases. This Specific Plan is intended to meet the requirements for a Specific Plan as set forth in State law. The State authorizes cities and counties to adopt Specific Plans as an appropriate tool in implementing their General Plans. Such a plan is to include the detailed regulations, conditions, programs, and any proposed legislation that is necessary for the systematic implementation of the General Plan. The Specific Plan provides the linkage between the General Plan, the general goals and policies of the City, and the detailed implementation of that plan with tools such as zoning ordinances, subdivision ordinances, and the like. The Government Code (Section 65451) sets forth the minimum requirements of a Specific Plan and states: A Specific Plan shall include a text and diagram or diagrams, which specify all of the following in detail: 1. The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. 2. The proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described by the plan. 3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. 4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3)." The Specific Plan shall include a statement of the relationship of the specific plan to the General Plan. The establishment of specific performance, design, and development standards is set 199 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 24 forth to guide the development of the subject property in such a way as to implement the General Plan while maintaining some flexibility to respond to changing conditions which may be a factor in any long term development program. The document also acts to augment the City's Zoning Ordinance by providing particular design guidelines, a tailored list of allowable, conditionally allowable, and prohibited uses for the site, and unique development standards. 1.3 PROJECT LOCATION The Villas is located along Main Street, east of the existing Old Town parking lots on Desert Club Drive, south of Calle Tampico, north of Avenida La Fonda, and west of the Library and Wellness Center parking lot. To the north of the proposed Villas across Calle Tampico is a commercial shopping center and two two-story office buildings. East of the Villas is the Civic Center Campus. To the south across Avenida La Fonda are vacant lots, some of which are owned by the City and are graveled. Also, adjoining the Villas site to the south is a Verizon facility. To the west of the site are the two paved Old Town parking lots. 1.4 SITE CHARACTERISTICS The site is flat. The public right-of-way and the existing Main Street bisect the site. It has been graveled by the City of La Quinta and the Arts Foundation and is used for event parking. There are some palm trees on the site and landscaping along Calle Tampico. 1.5 BACKGROUND & HISTORY This site was laid out as lots by the developer of the Cove and the Village in the late 1920’s. The site has been used for event parking for the last three years on a temporary basis under an agreement between the City and the La Quinta Arts Foundation. 1.6 GENERAL PLAN AND ZONING The property is delineated by the City's General Plan as Village Commercial (VC) and is zoned Village Commercial (VC). This zoning designation permits the development of commercial retail, restaurant and office uses subject to the approval of a Village Use Permit or Specific Plan. Calle Tampico is designated a Primary Arterial according to the City’s General Plan. 200 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 25 Exhibit 1: Aerial photograph 1.7 UTILITY AND SERVICE PROVIDERS Coachella Valley Water District (CVWD) services the site with existing water mains and sewers in the existing City streets and right-of-way. Electricity is provided underground by existing IID Facilities in the right-of-way. The Gas Company provides natural gas. Burrtec provides garbage and recycling. Police and Fire are provided by Riverside County Sheriff and Fire respectively. 1.8 ENTITLEMENT PROCESS Implementation of this Specific Plan is intended to carry out the goals and policies contained in the General Plan of the City of La Quinta in a planned and orderly fashion. The site has a designation of VC, Village Commercial. The Land Use Map of the 2013 General Plan for the site is shown in Exhibit 2. The property is already properly planned and zoned for the uses proposed. Exhibit 3 depicts the zoning on the site and the surrounding parcels. The City of La Quinta requires a Village Use Permit or Specific Plan to establish an overall master development plan for property located with the Village Core (VC) zoning classification. In addition to City approvals, the applicant understands that the California Department of Real Estate will need to approve the condominium parcel map before condos can be sold to the public. Permits will also be required for fugitive dust mitigation and water quality management. 201 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 26 Exhibit 2: Existing land use 202 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 27 Exhibit 3: Existing zoning 203 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 28 Exhibit 4: Overall Site Plan of Old Town La Quinta and Villas at La Quinta 204 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 29 SECTION 2 SPECIFIC PLAN 2.1 PROJECT DESCRIPTION The project consists of The Villas, which will be built in two phases, to be constructed on 3 acres being acquired from the City. The Villas at Old Town will consist of approximately 20,000 square feet of retail space in four of the five buildings lining Main Street. These spaces will range in size from about 800 square feet to about 2,000 square feet. The uses will be similar to the uses in the existing Old Town and will include a coffee house, boutiques, offices, and services. It will not contain any full service sit down restaurants or bars that would be open late at night, to reduce annoyance and conflict with residents. It may contain convenience food services like a juice bar or bakery. All retail spaces will front on Main Street and would have their only access on Main Street. No loading docks or rear entrances would exist. Like the existing Old Town next door all deliveries will be through the front door of the business. The look and feel and the signage for these businesses would be very similar to all the existing businesses at Old Town. The parking for these businesses will be provided by adjacent surface parking lots and on-street parking spaces to be created in front of the stores in the public right-of-way. Business owners will also be allowed to use the underground garage. In addition to the ground floor commercial space, a total of 84 residential condominiums ranging in size from 1,200 to 2,100 square feet will be built in the five buildings. The project is to be built in two phases. The first phase will contain two buildings with 13,000 square feet of commercial space and 40 condominiums. In the buildings containing commercial space, the condominiums will be built primarily on the second and third floors. In two of the buildings, the condominiums will be behind the commercial space on the ground floor and each will have private gardens. The building at the corner of Main Street and Avenida La Fonda will contain only condominiums and be three floors. Two buildings will contain at-grade garages for residents. The other three buildings will be built above an underground garage, which will provide the parking for residents. The underground garage will be built in two phases. Access to the garage will only be from Avenida La Fonda. This will allow for a continuous sidewalk on the south side of the street from the Civic Center Campus to the existing Old Town site without interruption from driveways. This was a stated goal of connectivity by the City. 2.2 DEVELOPMENT OBJECTIVES It is the objective of this development to link the existing Civic Center Campus to the existing Old Town commercial development along Main Street. This project will continue the commercial nature of Main Street with shops and services, which are used by local residents. It will bring more critical mass of shopping and services to the Village. Furthermore, it will bring 84 new residences to the Village. This development emphasizes pedestrian and bicycle activities and connectivity. It will allow for a shaded and misted walk to and from the Civic Center buildings (City Hall, Library, Wellness Center). In summary it is the objective of this development to link the Civic Center Campus to the rest of the Village using a transitional architecture. 205 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 30 2.3 LAND USE PLAN The new Villas project will incorporate three story buildings, with lofts and roof decks, which are compatible with other buildings and uses in the Village. The buildings have been designed using multiple heights and surfaces to blend with the existing architecture of both private and public buildings in the surrounding area. The land use plan observes the pedestrian nature of the Village, while providing adequate density to allow for economically viable development on this key infill parcel of the City’s Village area. It is consistent in style, theme and spirit of surrounding development in the Village. The plan carefully pays tribute to often stated City planning goals of creating a Village which is pedestrian friendly and which offers residents both commercial and residential uses in a cohesive historical context 2.4 CIRCULATION PLAN The Plan will utilize the adjacent street system in a manner consistent with the City of La Quinta General Plan’s Circulation Plan. The property is located on the south side of Calle Tampico, designated by the City's General Plan as a Primary Arterial requiring a half-street width of fifty (50) feet. Calle Tampico is also designated a Primary Image Corridor in the City’s General Plan (See Exhibit 6). The landscape design along the project frontage shall be complimentary to the landscaping in the area. The existing Main Street east of Desert Club Drive and Avenida La Fonda, which shall not be altered and shall remain public streets, will service the new Villas. The sole access to the large underground garage will be on Avenida La Fonda, which will allow the majority of residents and shop owners utilizing this garage will not need to travel on Main Street. By having no curb cuts for access to the garage or the buildings on the south side of Main Street, the important element of creating a pedestrian friendly connection between the Civic Center Campus and the existing Old Town will be achieved. On the north side of Main Street only one new access onto Main Street will be provided in an effort to make Main Street a very pedestrian friendly area. Given the direct connection of Avenida La Fonda to both Washington Street and Desert Club Drive there will be very limited need for vehicles to use Main Street. The plan has been discussed with the City Engineering Department and the access points do not conflict with city policies or regulations. 206 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 31 Exhibit 6: Street Cross Sections 207 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 32 2.5 OPEN SPACE AND RECREATION Given the urban nature of this project, there is not a large amount of open space. The “open space” provided to the public is all along Main Street. This consists of planters, shade trees, benches and arcades for both strolling and sitting. There will be a central courtyard created between the buildings on the south side of Main Street, which will contain a pool, spa, putting green, barbeque area, picnic area and pool deck for lounging and relaxing. A cabana will be built to house the fitness equipment. Nearby there is the large Civic Center Park and the City owned Wellness Center, which has a state-of-the-art fitness facility. Also nearby are a City- owned swimming pool, tennis courts, and park with fitness facility. 2.6 WATER AND SEWER AND OTHER UTILITIES Sanitary sewer facilities for La Quinta are provided by CVWD. A 21” VCP sewer main on Calle Tampico, a 10” VCP main on Desert Club Drive and an 8” VCP sewer main on Avenida La Fonda. To the extent feasible, the flows from the site will gravity flow to existing mains. No upsizing of this facility will be required. CVWD provides water service in the City. Existing water service could be provided via the existing, 12” main in Desert Club Drive or the 12” main in Avenida La Fonda. There is also an existing 30” main in Calle Tampico. The Imperial Irrigation District provides electric facilities in La Quinta. The nearest service will be in Desert Club Drive portion of the property. The District indicates that the design of the electrical service will depend on final load calculations for the overall project. Estimated loads have been calculated and design services have already been requested from IID. The District will require the installation of underground facilities. Gas Company provides natural gas services. The nearest service is a 6” main in Calle Tampico. This line will be used to provide service to the site. Time Warner Cable provides television cable service. Service is available in the surrounding developments and will be extended to the site. Verizon will provide telephone service. The nearest service connection points will be in Desert Club Drive and Avenida La Fonda. Burrtec of the Desert provides waste disposal service. Plans for incorporating recycling facilities will be considered with the development. Community Development Staff shall review facilities for compliance with all City ordinances. 2.7 GRADING AND DRAINAGE Grading The site will be graded in two phases, leaving Phase Two of the site to be used for temporary event parking until that parcel is developed. As part of Phase One grading the land owned by the City next to the Wellness Center will be excavated to provide a retention basin for flood 208 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 33 control. The 10-year flood event will be retained using the retention pond on land owned by the City next to the Wellness Center. Erosion Control The project will comply with the City’s erosion control ordinance. The grading operations shall include adequate provisions for wind and water erosion control during as well as after grading operations have ceased. The details of erosion control shall be included in the project's Storm Water Pollution Prevention Plan (SWPPP) and PM 10 Plan. • Pre Grading --The portions of the site to be graded shall be pre-watered to a depth designated by the soils engineer prior to the onset of grading operations. • During Grading -- Once grading has commenced, and until grading has been completed, watering of the site and/or other treatment(s) determined to be appropriate shall be ongoing. • Post Grading -- All disturbed areas shall be treated to prevent erosion for the term that the area will remain undeveloped. Wherever feasible, final landscape and irrigation shall be installed. SWPPP/NPDES/PM 10 Since the Coachella Valley experiences periods of moderate to heavy wind conditions, wind- blown dust and sand is a concern with mass grading operations. Because of health concerns, the Environmental Protection Agency has instituted a plan in the Valley to curb excess PM 10 (small particle dust). The City also participates in the National Pollutant Discharge Elimination System program. The City of La Quinta requires SWPPP, NPDES and PM 10 plans to control the wind and water born erosion associated with such grading operations. The project will comply with the City's requirements relative to these programs. 209 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 34 Exhibit 7: Sewer Service Plan 210 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 35 Exhibit 8: Water Service Plan 211 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 36 2.8 PHASING PLAN The project will be built out in two phases. Phase one will consist of two buildings consisting of approximately 13,000 square feet of ground floor commercial retail space and 40 residential condos. Phase 2 will consist of three buildings with 9,000 square feet of commercial and 44 residential condominiums. The underground parking garage will be built in two phases. 212 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 37 Exhibit 9: Phasing Plan 213 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 38 SECTION 3 DEVELOPMENT STANDARDS 3.1 OVERVIEW The uses and development standards shall be generally in accordance with the provisions of the La Quinta Zoning and General Plan regulations. Should conflict occur between the regulations and the Plan, the provisions of the Plan and supporting text shall prevail. 3.2 DEVELOPMENT STANDARDS The development standards for the Village Commercial District are contained in the Zoning Code Section 9.65.030. This section allows for a flexible design of the project to suit its own special needs and lets the Specific Plan and the Village Use Permit set the specific development standards for the project. This project will comply with the guidelines on setbacks, utility equipment, parking, landscaping, screening, lighting, and signage. The majority of the building massing on the buildings complies with the 35 foot height requirement with the allowance for another 3 feet of height for no occupied architectural elements. The parapet height of walls facing streets is 37’-6” which is actually below the 38 foot guideline. It is important to note that extreme care and expense has been taken to variegate the exterior planes of the buildings to avoid walls rising straight from the ground to the maximum height. The extensive use of arcades, balconies and step backs in the building contribute to a large amount of movement in the exterior wall which is both pleasing to the eye and which interrupts the vertical plane. The actual flat roofs are at 35 feet. The only area that the project exceeds the Development Standards is in some areas necessary for roof access or artists lofts, which are substantially setback from the exterior walls of the building. In those areas the total height reaches 44’-2”, which is 6’-2” greater than the guidelines. It should be emphasized those areas are not visible from the ground as the surrounding parapets and the substantial setback of those elements from the perimeter of the buildings does not allow them to be seen. 3.3 PERMITTED USES The permitted uses in the Village Commercial Zone are covered in section 9.65.20 of the Zoning Code. All uses allowed under the code will be permitted at The Villas except restaurants and bars larger than 60 seats with a full kitchen and grease traps and hoods. 3.4 PARKING Parking on site is provided by a combination of an underground parking garage, garages at grade, and off street parking, built in the right-of-way. The total number of parking spaces provided on site as currently designed is 164. This consists of 151 spaces in an underground garage accessed by a ramp leading to Avenida La Fonda, 24 private garages at-grade facing Calle Tampico, and 13 off street parking spaces to be built in the right of way. There do exist 214 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 39 surface lots immediately west of the site owned by Old Town La Quinta and a large parking lot, which is being expanded immediately east of the site owned by the City of La Quinta. The parking required and the parking proposed for this project is addressed in the Carl Walker Parking Study, which has been submitted to the City as part of this application. However, during the entitlement process, the City adopted an ordinance that allows for a 50% reduction in required parking for new development within the Village Commercial zoning district. The reduced parking calculation applicable to the Villas shall be calculated from the required parking as listed in Ordinances 505, 361, 325, and 284. SECTION 4 DESIGN GUIDELINES 4.1 ARCHITECTURAL GUIDELINES The architecture of the Villas pays tribute to the Santa Barbara and Carmel Spanish styled architecture of Old Town, while updating that style to a more stylish modern interpretation. Great effort has been made not to duplicate Old Town, but to make the Villas the perfect blend of traditional architecture with the modern architecture and vernacular style of the exiting City Hall buildings, City Library and the Wellness Center. It is similar to the modern interpretation of Spanish architecture used in the City Library. It is a comfortable style of architecture with lots of “movement”. This means lots of shade, archways, balconies, and varied wall planes so as one walks down the sinuous Main Street the building continually evolve and delight the visitor. The use of both tile and flat roofs and many different roof heights makes the building both interesting and functional. The guiding principle of the design effort has been to reward the senses of the pedestrian. The scale, pace, details and landscaping will create an environment where one is sheltered from the harsh influences of most commercial centers, while providing very inviting residences to live in harmony with their commercial neighbors below or beside them. The goal is to create the mix of excitement and comfort that were once common on Main Streets across America, but which were forgotten in the latter half of the 20th Century. The most distinctive features of Main Street in the Villas section are the scale and spatial definition of the street. These are accomplished through several mutually reinforcing elements: 1) The sinuous, gently curving design which was historically done in the Village; 2) Parallel parking provides an edge to the street that offers protection to the pedestrian; 3) The regular pattern of street trees creates a rhythm and their height creates an implied “vehicle corridor”; 4) The sidewalks are gracious allowing two couples to pass one another; 5) The buildings come right up to the sidewalk, and their parapet heights (min of 16’) reinforce the vertical definition of the street space; 6) Cornices at the top of parapets create an edge where the building meets the sky; 7) Arcades, awnings, and trellises provide shade in the summer and create an intimate scale adjacent to the stores and condos. The attention to detail, street trees, and the combination of three story buildings with second and third floor balconies create an old downtown mood. 215 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 40 The automobile, delivery trucks and emergency vehicles will all be accommodated within the project, but the scale of the street will be pedestrian. The principles that guide the architectural design of the Villas section of the project derive from several sources, which have been harmoniously blended. One source is California Mission Revival; the second is the architecture of the La Quinta Hotel with the more modern style of the La Quinta Civic Center buildings including the Library and City Hall. They also relate to the more modern style of the shopping center across Tampico. California Mission Revival architecture – also referred to as “Santa Barbara” or “Monterey” architecture – is defined by aspects such as relationship of wall to window (windows as openings in walls) and the surface treatments of stone, tile and plaster that embellish the parapet walls. Building forms are often articulated because of sloped roofs, residential character, and the frequent stand-alone placement. Locally, the original buildings at the La Quinta Hotel offer many examples of detailing, proportion and scale that will be emulated while being updated to include elements of the last century and this century. The building forms, where possible, shall exhibit some stepping both in plan and elevation, including the extensive use of covered pedestrian areas and patios. Details and Materials Plaster At the ground floor, the plaster should be a three-coat Portland cement system on wood frame or a two-coat system on CMU. The finish generally should be a smooth – “mission” finish with gentle rounded corners and edges. However, details such as cornices, windowsills, belt cornices and opening surrounds shall be crisp. Wood Exposed “wood”, which should be used sparingly for maximum effect. Posts of ground floor arcades should be roughly square in section, with a minimum dimension of nominal 8”. Chamfers and routed details are encouraged. Posts at the second floor should have a minimum dimension of nominal 6”. Beams should be close to square in section with a width: depth ratio approximately 6” x 8” or 8” x 12”. This will limit the spans to approximately 12’ – 14’. Corbels with a width:depth ratio of 1:1 or less is encouraged. Exposed rafter tails should have a width: depth ratio of 3” x 4”, 4” x 6” or 6” x 8” and in no case more than 1:2. Decorative metal should be no less than 3/16” in thickness and 2 1/2" in width, but proportional to which the beam/post connects. Decorative ends are encouraged, but not required. Windows The general principle of fenestration is that windows are holes in walls. Windows are not part of a storefront or window-wall system that dominates the surface of walls as is common in “strip- center” buildings. Rather they are openings within the wall; the amount of wall surface is 216 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 41 important to convey a sense of substance and permanence in the architecture. Store windows will be set in walls in a regular pattern, with the stores being 20’ to 30’ in width. Windows at the second and third floors generally should be more vertical than horizontal (e.g. 3’ x 5’), which should be operable. The sill should be low enough to allow a person seated at a desk to view the street below – approximately 24” – 30”. The head should be generally higher than 80” - approximately 84” – 90.” The window should recess from the face of the wall, and should have a projecting sill on the exterior. Doors Wherever possible, use wood “French” or decorative entry doors. These doors may be set in aluminum storefront frames. The doors into mechanical and utility rooms that are visible to the pedestrian traffic should be metal doors and painted in accent color. Roof Tile roofs will be used as indicated to reinforce the stylistic character and lend a hand-wrought texture to the streetscape. Only at important corners and balconies will tile be used on the third floor. Instead most of the buildings will be parapeted. This allows roof-mounted equipment to be hidden, and is a more urban type building. Tile should be clay tiles laid with variation in courses to create hand-wrought texture. Fencing and Walls Generally walls will be plaster over wood frame. The wall will appear substantial in depth, and the windows will interrupt the wall. During construction, temporary chain link fence with windscreen will be used. Site Lighting All lighting shall be designed and located so as to confine direct light within the project boundaries (including landscape buffer areas located along the street frontages). The lighting fixtures shall be in character with the village like atmosphere of the architecture. General: • All lighting will comply with the City's lighting ordinance. • Lighting for parking lot lighting shall be low level but provide enough visibility for safety. • Lighting levels shall be an average of one-foot candle with a ratio of average light to minimum light of three to one (3:1). 4.2 LANDSCAPE GUIDELINES 217 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 42 The landscape design will complement the Spanish-Mediterranean theme of the Village at La Quinta and the existing Old Town. Plant material choices will be attractive and suitable to the desert climate. The selection of shrubs will be based upon moderate to low water use and ease of maintenance. Desert shrubs such as Texas Ranger hybrids, Cassias, Yuccas, and Bougainvillea will interplay with rugged sub-tropical shrubs, including Bird of Paradise, Aloe, Agave, Gardenia, Carissa, and Boxwood. Maintenance specifications will direct pruning techniques towards a natural, non-sheared appearance. Accent color will be provided, where appropriate, through the use of vines such as Bougainvillea, Pink Powder Puff, and Trumpet Vines. Perennial ground cover planting will be utilized where additional color is necessary to enhance project focal points and entries. The landscape material will be designed such that plants with similar water requirements are grouped together. Detailed landscape plans and renderings have been provided. Washingtonian Robusta planted in a formal pattern that enhances the pedestrian areas and architectural style of the buildings will line the main internal street. Tree heights will be the same as the perimeter streets and planter areas will be created to provide additional planting including the use of accent vines on trellis structures. (See Exhibit 10) Irrigation Systems All irrigation systems (with the exception of drip systems) shall be designed with head-to-head 100% double coverage at a minimum time setting of one minute, and be capable of providing multiple repeat and start times. Drip systems will be utilized as much as possible and water will be applied directly to plant roots. All irrigation heads adjacent to walks, drives, and curbs will be of the pop-up type. All irrigation systems will be automatically timed to reduce day-to-day operational requirements. The location of controller boxes, valves and other above ground equipment will be incorporated into the overall landscape design and screened from public view. Landscape Palette Type Scientific Name Common Name Size Palms Washingtonia robusta Mexican Fan Palm 15”-20” BTH Chamaerops humilis Mediterranean Fan Palm 24” Box Cycas revoluta Sago Palm 24” box Trees Prosopsis chilensis Chilean Mesquite 24” Box Acacia farnesiana Sweet Acacia 24” Box Rhus Lancea African Sumac 24” Box Cercidium praecox Sonoran Palo Verde 24” Box Schinus molle California Pepper 24” Box 218 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 43 Type Scientific Name Common Name Size Accents Agave species Agave species 5 Gallon Yucca species Yucca species 5 Gallon Aloe species Aloe species 5 Gallon Dasylerion wheeleri Desert Spoon 5 Gallon Strelitzia nicolai Giant Bird of Paradise 5 gallon Strelitzia reginae Bird of Paradise 5 Gallon Shrubs Bougainvillea “Oo La la” Bougainvillea 5 Gallon Bougainvillea “Rosenka” Bougainvillea 5 Gallon Carissa g. prostrata Natal Plum 5 Gallon Cassia nemophila Bushy senna 5 Gallon Hibiscus rosa-sinensis Hibiscus 5 Gallon Leucophyllum species Texas Ranger 5 Gallon Nandina domestica Heavenly bamboo 5 Gallon Nerium oleander ‘Petite” Dwarf Oleander 5 Gallon Pittosporum t. species Mock orange species 5 Gallon Raphiolepis indica Indian Hawthorne 5 Gallon Salvia greggii Red sage 5 Gallon Thevitia peruviana Yellow oleander 5 Gallon Xylosma congestum Xylosma 5 Gallon Vines and Groundcover Bougainvillea “Barbara Karst” Bougainvillea 15 Gallon Calliandra Inaequilatera Pink Powder Puff 15 Gallon Tecoma capensis Cape Honeysuckle 5 Gallon Lantan montevidensis Trailing Lantana 5 Gallon Trachelospermum jasminoides Star Jasmine 5 Gallon Desert Dust 2” Depth Cobble ‘Del Rio” 3’-6” dia. Landscape Maintenance The landscape shall be under a single maintenance contract managed by the center. 219 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 44 Exhibit 10: Landscape Concepts 220 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 45 Exhibit 11: Pedestrian Crossing areas to Villas from Existing Old Town Exhibit 12: Architectural vocabulary and sections 221 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 46 Exhibit 13: Typical Architectural Elevations 222 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 47 Exhibit 14: Architectural Concept 223 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 48 SECTION 5 PLAN ADMINISTRATION 5.1 AMENDMENT This chapter describes the procedures for administration and implementation of the Specific Plan. The Specific Plan establishes the general intent and comprehensive framework for development of the community. However, prior to construction, various implementing approvals with greater design detail are required, as noted below. Minor modifications that are consistent with the purpose and intent of the current, Old Town Specific Plan are allowed at the discretion of the Community Development Director or designee. Therefore, it is intended that this Specific Plan provide City Staff with the flexibility to interpret the details of project development as well as those items discussed in general terms in the Specific Plan without requiring a Specific Plan Amendment. Requests for administrative changes shall be made in writing. If and when it is determined that changes or adjustments are necessary or appropriate, the Community Development Director or designee shall approve these administratively. After approval, any such amendment will be attached to the Specific Plan as an addendum and may be further changed and amended from time to time as necessary. Administrative Changes Representative examples of such changes may include, but are not limited to: • The addition of new information to the Specific Plan maps or text that do not substantially change the effect of any regulation. The new information may include more detailed, site- specific information. • Adjustment of Planning Area boundaries identified in this Specific Plan. • Changes to community infrastructure such as drainage systems, roads, water and sewer systems, etc. • Modification of architectural or landscape design criteria or details. - All uses not specifically listed in this Specific Plan are prohibited. However, the Community Development Director may determine that a use not listed is included within or comparable to a listed use and, once so determined; it shall be treated in the same manner as a listed use. 5.2 INTERPRETATION Where there is ambiguity between the Specific Plan and the Zoning Code, the Director of Community Development shall review pertinent information and make a determination as to which code or standard applies. All determinations shall be in writing and shall be attached to the Specific Plan as noted under Administrative Changes, earlier in this section 224 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 49 5.3 ENFORCEMENT The City of La Quinta shall administer the provisions of the Old Town Specific Plan in accordance with the State of California Government Code, Subdivision Map Act, the City of La Quinta General Plan, and the City of La Quinta Municipal Code. The Specific Plan development procedures, regulations, standards, and specifications shall supersede the relevant provisions of the City's Municipal Code, as they currently exist or may be amended in the future. All regulations, conditions, and programs contained herein shall be deemed separate distinct and independent provisions of this Specific Plan. In the event that any such provision is held invalid or unconstitutional, the validity of all the remaining provisions of this Specific Plan shall not be affected. Any development regulation and building requirement not addressed in this Specific Plan shall be subject to all relevant City of La Quinta ordinances, codes, and regulations. The enforcement of the provisions of this Specific Plan shall be by the following:  City of La Quinta Community Development Department shall enforce the development standards and design guidelines set forth herein. 
 Any administrative decision or interpretation of this Specific Plan may be appealed to the Planning Commission. Likewise, any decision by the Planning Commission may be appealed to the City Council per 9.200.120 LQMC provisions. SECTION 6 GENERAL PLAN CONSISTENCY 6.1 OVERVIEW The General Plan of the City of La Quinta includes Goals, Policies and Programs that were deemed by the City necessary to properly implement the plan. Following is an evaluation of the key policies and programs (in Italics) that affect the development of the subject property and project compliance. 6.2 CONSISTENCY ANALYSIS. Village Commercial “The Village Commercial designation applies specifically to the traditional commercial core of the city, and allows specialty retail – such as boutiques and art galleries – as well as restaurants, professional offices and services, and hotels. Apartments, condominiums, and live- work space is also appropriate in this designation. As established in Policy LU-7.1, mixed use development is allowed in this designation. Mixed use projects can include vertical or horizontal combinations of land uses that are integrated through pedestrian connections and common areas; or can be residential units added to existing commercial development.” 225 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 50 • The proposed Villas at Old Town are the essence of this land use designation. Designed around Main Street, Old Town and the Villas will provide a shopping dining, work venues as well as residences for La Quinta. “In areas where Specific Plans are required, adjacent property owners shall be encouraged to work together to create a single Specific Plan which incorporates all properties within a block or neighborhood.” • Old Town La Quinta is a Specific Plan for approximately six acres comprising the existing Old Town, with this amendment; another new three-acre Villas at Old Town will be added. Although owned by three different entities they share common purpose and leadership through Marvin Investments, Inc and Wells L. Marvin. “The City will encourage an integration of a wide range of support services at employment centers, including child care, occupational health, fitness facilities and convenience retail shops.” “Strip commercial development will be discouraged. The Development Code shall establish and maintain minimum lot depth standards in all commercial zones.” • The Villas will encourage a mixture of uses, food, office, retail and residences allowing downtown employees and residents to reduce vehicle trips and combine trips. • The three story buildings are much lower than the four stories of the Embassy suites, which is over ten feet higher than the highest point on any building in the Villas. The scale and uses of Villas are a valuable addition to the fabric of the Village. Circulation Element The circulation uses existing streets and is in compliance with latest (2013) General Plan Open Space Element Old Town La Quinta and the Villas are located in a developed urban area of the City and do not impact existing or proposed open space areas. Parks and Recreation Element In addition to the event lawn which acts as the central square of the village and host the City tree lighting, Art under the Umbrellas, Taste of La Quinta to name a few. The Villas will offer its residents and tenants access to a hot tub, pool, putting green, and fitness center. Natural Resources Element • Old Town La Quinta and The Villas are mixed-use developments designed to reduce vehicle trips, and also vehicle miles, generated by combining work, housing and services in close proximity. Its location in the downtown should be considered infill development and will make use of existing street patterns and transit services. • The development will comply with the City’s Fugitive Dust Control Policies by submitting a PM-10 Plan for approval prior to the issuance of a grading permit. 226 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 51 • The unique design of parking in close proximity to uses maximizes pedestrian opportunities. • The covered pedestrian arcades provide protection for customers and workers and will provide solar protection for ground floor spaces. Upper floors will utilize energy efficient building materials and recessed windows for reducing heat gain and roof mounted solar panel to generate electricity. 227 Old Town La Quinta Specific Plan Amendment 12 (SP20156-00012 – SP2002-058 Amendment 12) Page 52 NOTE: Specific Plan 2015-0001 (SP 2002-058 Amendment 1) amended the original Specific Plan to include “Part B: Villas at Old Town” from Pages 19-50. Specific Plan 2016-0002 (SP 2002-058 Amendment 2) removed Part B and references to the Villas at Old Tow n. 228 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Karla Campos, Finance Director DATE: March 7, 2017 SUBJECT: ACKNOWLEDGEMENT OF A PROPOSED REFUNDING BOND ISSUE FOR DESERT COMMUNITIES REDEVELOPMENT PROJECT AREA OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY FOR THE COUNTY OF RIVERSIDE The County of Riverside Executive Office issued a letter dated February 17, 2017 to the City of La Quinta outlining a plan to refinance bond debt on behalf of the Successor Agency to the Redevelopment Agency for the County of Riverside (the “Agency”) in fiscal year 2016-17. The Agency is expecting to issue a series of refunding bonds (the “Bonds”) secured by the Agency’s tax increment revenues from the Desert Communities Redevelopment Project Area (which includes portions of the City of La Quinta). The Bonds would lower the total debt service payments without increasing the term of the Bonds. Lower debt service payments would result in increased pass-through property tax payments to the County of Riverside, School Districts, Special Districts and the City of La Quinta. The Bonds will not be issued unless new debt service is lower than the debt service on the bonds to be refunded. The City may formally acknowledge and approve the refinancing, however, after April 3, 2017 the refinancing will be automatically deemed approved unless otherwise consented/objected to by the City via formal action. DEPARTMENT REPORT ITEM NO. 7 229 230 HAND OUTS CITY COUNCIL MEETING MARCH 7, 2017 Monthly Overview of Legislative Calendar for 2017 Below is an overview that summarizes major legislative events and key dates that occur month to month, and following is the 20176 Legislative Calendar created by the Office of the Secretary of the Senate. January: The previous year’s laws go into effect during this month. Legislature reconvenes to discuss the new year of legislation ahead, and all bill requests must be submitted before the end of the month. Budgets must be submitted by the Governor during the beginning portion of the month. February: The last day for bills to be introduced occurs at the end of February. March: Spring Recess occurs at the end of the month. April 6 – April 17, 2017March 17 – March 28, 2016. May: The beginning of this month marks the last day for policy committees to hear and report to fiscal committees regarding fiscal bills being introduced. Policy committees must also report non-fiscal bills by the middle of the month. Policy committees are given their last day to meet before convening in June near the end of this month, and report Floor bills for their house. June: Floor session conducted in the beginning of the month, the last day for bills to be passed out of the house of origin occurs, and the committee meetings resume. All budgets must be passed by middle of month. July: The last day for policy committees to meet and report bills occurs during the month before Summer Recess begins. July 21 – August 201, 20176. August: Legislature reconvenes from Summer Recess. The last day for fiscal committees to report bills to the floor occurs at the end of the month. Floor session begins at the end of the month as well. September: The last day to amend bills on the Floor occurs at the beginning of the month, with the last day for each house to pass bills occurring in the middle of the month. Interim Study Recess begins shortly after. Additionally, September 30th is the last day for Governor to sign or veto bills passed by the Legislature before September 1 and are in the Governor's possession on or after September 1. HAND-OUT - CITY COUNCIL MEETING – MARCH 7, 2017 - BUSINESS SESSION ITEM NO. 2 – ATTACHMENT 1 – REVISED PAGE 126 POWER POINTS CITY COUNCIL MEETING MARCH 7, 2017 3/8/2017 1 City Council Meeting Meeting Date March 7, 2017 City Council Meeting March 7, 2017 B1 – Delivery of Medical Cannabis 3/8/2017 2 Compliance •Comply w/ ALL local and state laws •State License •City Permit and Business License •City Placard in vehicle during delivery •Maintain written records Application •Insurance and Registration  for  each vehicle •Drivers License  •Notice of any prior Cannabis related  violations •City Business License 3/8/2017 3 City Council Meeting March 7, 2017 B3 – Consider Annual Membership with Coachella Valley Economic Partnership 3/8/2017 4 Coachella Valley Economic Partnership •City’s Membership ended 2014/15 •Pursed other Economic Development  organization focused  on East Coachella Valley •Invited to re‐join July 2016 3/8/2017 5 City of La Quinta  March 7, 2017 Joe J. Wallace, CEO and Chief Innovation Officer Coachella Valley Economic Partnership Financial Update FY 2015‐16 was about implementing business fundamentals and management  discipline while preserving CVEP’s mission. Building a Solid Balance Sheet •Total  assets increased 3.3% •     Total  liabilities decreased 64.5% •Long‐term debt eliminated •     Cash positions comfortable Predictable and Manageable Operating Performance •Budget managed in real time •Revenue > expenses by $235,000 (11% over budget) •Current Ratio at EOY: 1.32  (reference GE is 1.31) FY 2016 – 2017 is on budget through February 28, 2017 The time is right to advance our core mission with confidence. 3/8/2017 6 Separation for  Focus  and Funding •CVEP Spun Off Workforce  Excellence Division on  March 1, 2017 into a Separate 501(c)3 •CVEP Focus is Entirely on Economic Development •WFE Focus is the Workforce  of the Future •Continued Collaboration Between Entities CVEP Economic Impact 2016 Elliot D. Pollack & Company March 2, 2017 Commissioned by: Southern California Edison Impact PS iHub Biz Services Total Direct $55.0 M $2.3 M $57.3 M Indirect 10.3 M $0.7 M $11.0 M Induced 11.0 M $1.0 M $12.0 M Total 76.3 M $4.0 M $80.3 M 3/8/2017 7 CEO REPORT Business Services •Created CVEP‐branded Business Services Center •Began offering geographic information systems (GIS) services to the  business community •Welcomed  Accion, which offers micro‐and small business loans and  financial advice, at the Rabobank Regional Business Center •Attracted first outside support for program CEO REPORT Tangible Value: City of La Quinta 2015 •498 Training Session Attendees ($9,960) •133 hours of Counseling ($7,315) •7 Client Businesses Based in City of La Quinta ($3,500) •Includes Counseling Jules Market 2016 Business Attraction Activities •Google Foundation: $120,000 Advertising Grant for Targeted  Attraction •GIS Directed Direct Outreach to Coastal and High Cost Communities 3/8/2017 8 CEO REPORT Objectives for FY 2016‐17 •Established Workforce  Excellence as an independent 501(c)3 entity •Develop & Implement Business Attraction Strategy •Attract  new private investors •Work  Closer with Chambers of Commerce  •Bring valued long‐term partners back to the table •Be attentive, transparent, and interactive Brief Q&A Critical Needs for Future Sustainability Bandwidth Full Service University Venture  Capital Firm 3/8/2017 9 City Council Meeting March 7, 2017 S1 –Sales Tax Oversight Board Measure G  Timeline •Preliminary study session:  July 19, 2016 •Measure G approved:  November 8, 2016 •Community Workshop:  January 25, 2017 •Effective  date:  April 1, 2017 •Start receiving revenue:  June 2017 •First revenue report:  September 2017 3/8/2017 10 Purpose & Goals •Oversight of Revenue •Oversight of Expenses •Increased Community Participation/Input –Participatory Budgeting  –Use of Technology  COMMUNITY RESOURCES Committee Options Expanded IAB •Oversight of multiple overlapping financial functions •Quarterly: treasurer reports, revenue and expenditure reports •Annually: budget vs. actuals and future projections of General Fund revenues and expenditures; City financial statements •Assist with RFPs, internal control reviews, regulatory reviews, and financial oversight Separate Board •Measure G Oversight only •Review quarterly: non- confidential sales tax information •Review annually: budget vs. actuals and future projections of Measure G revenue and associated expenditures 3/8/2017 11 Discussion & Direction 3/8/2017 12 City Council Meeting March 7, 2017 SS2 – Short Term Vacation Rental Program (STVRP) Wind Up 2017 3/8/2017 13 MARKETING •WORKSHOPS •BRANDING •COMMUNICATION •MEDIA PLATFORMS POPULARITY 3/8/2017 14 WHAT’S OUT THERE? • 1,162 •2,200* •INCLUDES REGISTERED  PROPERTIES •JUST OVER 1,200  UNREGISTERED •977 •ACCOUNTS FOR 3.6%  OF  THE DWELLING  UNIT INVENTORY •27,000  (APPROXIMATE) DWELLING  UNITS REGISTERED  PROPERTIES HOTEL,  SUITE &  VILLA UNITS ACTIVE  RENTALS *Source: Harmari & Host Compliance PROGRAM TRENDS 3/8/2017 15 VALLEY-WIDE COMPARISON *   Program is on a Moratorium until January 2018 ** Program is on a Moratorium and will be phased out in 2018 0 500 1000 1500 2000 2500 Indian Wells** Cathedral City Rancho Mirage Indio La Quinta Palm Desert* Palm Springs Registered Properties COMMUNITY SURVEY 3/8/2017 16 CODE COMPLIANCE 2016 STATS CODE COMPLIANCE ROLE CODE ISSUE CITATION •1ST - $100.00 •2ND - $200.00 •3RD - $500.00 AFTER 3 COMPLAINTS CODE WILL MOVE TO FINAL MOTIONS FINAL MOTIONS •Present to City Manager to suspend STVRP 90 days •Revoke STVRP and Business License STVR LICENSING COMPLIANCE 10-DAY COURTESY NOTICE CITATION COMPLAINTS (NOISE OR OTHER) COURTESY CALL SSU ) COURTESY CALL (45 MINUTES TO RESOLVE ISSUE) CITATION 3/8/2017 17 CODE COMPLIANCE ACTIONS Citation $100 first offense, per violation $200 second offense, per violation $500 third offense, per violation 90 Day Suspension of Business License Loss of Revenue to encourage compliance 1 Year Revocation of Business License (STVR) Loss of Revenue to encourage compliance FUTURE OPPORTUNITIES 3/8/2017 18 CROSSROADS Is there a desire to fulfill the need for dedicated staff resources? What level of effort should be applied to pursue non-compliant rentals and TOT? Is there a desire to sustain or grow the program? 3/8/2017 19 BEFORE THE HUB/TRAKiT BACKLOG APPLICATION  PROCESSING TOT CHECK  PROCESSING PROCESSED  BETWEEN  BUSINESS  LICENSE  CUSTOMERS OUTDATED  FORMS BUSINESS  LICENSE REGISTRATION TOT  REDUNDANT  TRACKING TOT REAL‐TIME  INFORMATION  NOT AVAILABLE CODE  COMPLIANCE UNDEFINED  WORKFLOW  FOR NEWLY  IDENTIFIED  NON‐ COMPLIANT  PROPERTIES REGISTRATION  FEE $25 WELCOME  PACKET PRINTED  INDIVIDUAL  LICENSE,  PERMIT &  TOT FORMS WEBPAGE HARD TO  LOCATE CLUTTERED RENEWALS OCCURRED THROUGHOUT  THE YEAR ACTIONS TAKEN ELIMINATED BACKLOG •PROVIDED PERMIT TECH SUPPORT •3 DAYS PER WEEK AWAY FROM  PUBLIC COUNTER UPDATED & REVAMPED  •BUSINESS LICENSE •REGISTRATION  •TOT  TRAKiT •STREAMLINED TOT TRACKING •DEVELOPED REAL‐TIME REPORTS CODE COMPLIANCE •DEFINED  WORKFLOW INCREASED  REGISTRATION FEE •$100 WELCOME PACKET •STREAMLINED •2 CLICK PROCESS  WEBPAGE •EASIER TO LOCATE •REVAMPED  •QUICK START GUIDE SHIFTED RENEWALS  •ALL RENEWALS OCCUR DURING   SUMMER MONTHS 3/8/2017 20 COMMUNITY FEEDBACK •HOTLINE •PARKING •DISREGARD FOR  RESIDENTS •Airbnb •WEBSITE •IMPROVED  COMMUNICATION •PLAY LA QUINTA  WEBSITE  •KEEP RESIDENTS  INFORMED •BUILD TRUST •MANAGE EXPECTATIONS  OF HOSTS AND GUESTS •RESTRICT  NEIGHBORHOODS AREAS OF  CONCERN WHAT’S  WORKING? PART  OF  OUR CITY NEIGHBORING CITIES CITY OF PALM  SPRINGS MORATORIUM NEW ORDINANCE PASSED INCREASED RESTRICTIONS CREATED DEDICATED DEPARTMENT URGENCY ORDINANCE  REPEAL/REPLACE REVERTS TO PROVISIONS PRIOR TO  DECEMBER 2016  MAY RECOMMEND PUBLIC VOTE   CITY OF PALM  DESERT MORATORIUM PROGRAM UNDER 45 DAY REVIEW EXTENDED FOR 10 MONTHS 15 DAYS  3/8/2017 21 VALLEY-WIDE COMPARISON *   Program is on a Moratorium until January 2018 ** Program is on a Moratorium and will be phased out in 2018  $‐ $2,000,000  $4,000,000  $6,000,000 Indian Wells** Cathedral City Rancho Mirage Indio Palm Desert* La Quinta Palm Springs TOT  Revenue RESOURCE COMPARISON CITY REGISTERED  PROPERTIES 2016 TOT ALLOCATED STAFF RESOURCES STAFF RESOURCE  COST CONTRACT  RESOURCES TOTAL  COST TOT TAX   RATE PALM SPRINGS 1936 $6.3 M 2 ‐Compliance Officials     (Directors) 3 ‐Code Enforcement Officers 1 ‐Building Inspector 1 ‐Coordinator 2 ‐Assistants Police Back‐up $1,175,000 $180,000 $1,355,000 11.5% LA QUINTA 977 $1.84 M ½‐Registration and TOT ½ ‐Management Specialist Code and Police Support $109,382 $48,200 $157,582 10% PALM DESERT 1208 $1.27 M 1 ‐STVRP Registration and TOT 1 ‐STVRP Business License/Renewals 1 ‐Code Enforcement     Officer $429,000 $26,600 $455,600 9%* *TOT Tax  Rate has increased to 11% as of January 1, 2017 3/8/2017 22 CONTRACT RESOURCES CITY VACATION RENTAL  COMPLIANCE HOTLINE SECURITY COMPANY PALM SPRINGS $100,000 $20,000 $60,000 LA QUINTA $43,200 $5,000 0 PALM  DESERT $21,600 $5,000 0 EFFICIENCY SUPPLEMENTING  RESOURCES EFFECTS TO  CUSTOMER  SERVICE 3/8/2017 23 REAL-TIME TOT REVENUE REPORT COLLABORATION RECOGNIZE VACATION  RENTALS AS PART  OF OUR ECO‐SYSTEM EVOKE A POSITIVE PERCEPTION OF VACATION  RENTALS WORK CLOSELY WITH HOSTS TO ENCOURAGE RESPECTFULNESS OF GUESTS WITHIN THEIR HOME AND OUR  COMMUNITY WORK WITH OUR COMMUNITY TO WELCOME GUESTS INTO OUR CITY CONTINUE TO  OFFER COMMUNITY WORKSHOP EVENTS CREATE AN INCLUSIVE ENVIRONMENT FOR ALL WHO WISH TO VACATION  IN THE CITY 3/8/2017 24 Estimated Cost of New STVR -Code Compliance Efforts per Year # of Cases Cost Total Code Compliance of Non-Licensed STVRs (2 hrs. per case) 100 $90 $9,010 Code Compliance - Noise Complaints (1.5 hrs. per case) 80 $68 $5,406 Police Cost to respond to STVR Noise Complaints (1 hr. per case) 50 $160 $8,011 Total $22,427 COST OF MAINTAINING STVR COMPLIANCE 3/8/2017 25 Month Notes # of Calls % 2016 April Coachella/Stagecoach 25 33% May 11 14% June 6 8% July 8 11% August 4 5% September 9 12% October Desert Trip 9 12% November 1 1% December 3 4% Total 76 2017 January 4 Total 80 COMPLAINTS RECEIVED THROUGH HOTLINE CODE COMPLIANCE FUTURE ENFORCEMENT EFFORTS CREATE A LOG TO INCLUDE CALLS FROM: •Cadence •Police •Code SEND CITATION FOR THE FOLLOWING: •Failure to renew a STVR permit •Failure to renew a business license •Failure to report TOT •Failure to post their permit number on advertisement •Failure to comply with municipal codes 3/8/2017 26 City Council Meeting March 7, 2017 SS3 – North La Quinta Landscape Renovation Background •2013: City took over North La Quinta Parkways •2015: Governor mandates water conservation •2016: Council adopts 2016/17 CIP  •North LQ Pkwy turf reduction project •$750K allocated per year for  next 7 years 3/8/2017 27 Background •2016: Measure G Passes •Council requests expanded scope/expedited schedule •Community Workshop  –t o p 3 projects 3/8/2017 28 Improvements •Removing turf ‐parkways and slopes of basins •“Desert Efficient” landscape in parkways •“Desert Oasis” landscape on slopes •Reducing slopes exceeding 3:1 using block Improvements •Cleaning/painting all non split face  walls •Cleaning split face walls •Replacing  light fixtures at intersections (as required) •Adding new electrical elements at dark intersections  3/8/2017 29 Improvements •Removing trees in turf areas (as required) •Removing trees under power lines (as required) •Replacing trees (1 tree for every 3 trees removed) 3/8/2017 30 3/8/2017 31 Budget •Year  1: $3.3 Million La Quinta Vistas, Highlands, Acacia •Year  2: $2.8 Million Rancho Ocotillo, Quinterra, Cactus Flower •Year  3: $3.9 Million Desert Pride, Sierra Del Rey, Marbella, Topaz 3/8/2017 32 City Council Meeting March 7, 2017 PH1 – Villas at Old Town Project Area Map 3/8/2017 33 Specific Plan Amendment •First amendment divided into two parts: - Part A addresses Old Town La Quinta - Part B addresses the Villas at Old Town •Second amendment to the Old Town Specific Plan - Removes Villas at Old Town