2005 Washington-III, Ltd - MOU Hydrology Report (per Appeal Hearing)MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is entered into this 3rd day of May,
2005, by and between Washington 111, LTD, a California Limited Partnership
("Developer"), and the City of La Quinta, California, a California Municipal
Corporation ("City").
WHEREAS, a dispute has arisen between Developer and City relating to certain
hydrology issues associated with the Washington Park development;
AND WHEREAS, Developer appealed certain action of the Public Works
Department to the La Quinta City Council, which commenced a public hearing on the
appeal on April 19, 2005, which hearing was continued to May 3, 2005;
AND WHEREAS, representatives of Developer and City have met in an attempt
to resolve the appeal and did reach a tentative resolution subject to formal approval
by way of this MOU;
AND WHEREAS, the purpose of this MOU is to outline the negotiated points.
Now, therefore, the parties agree as follows:
City agrees that the hydrology reports for Mass Grading, subsequent
amendments and for Phases 1 & 2 prepared by PCA for Developer contains City -
approved concepts. Developer agrees that the preliminary drainage concepts
contained in the report for the Phase 3 area of the development require
additional refinement pursuant to paragraph 4 that will be addressed by
Developer as part of the plan check process for the already submitted
construction improvement plans for Phase 3. Specifically, the City and
Developer agree to the following concepts contained in the report and its
accompanying hydrology map:
a. The size of the drainage tributary area that Developer is responsible for
retaining drainage on its site is approximately 65.1 acres including the
volume capacity of the retention basins as set forth in the reports
referenced in Paragraph 1, and does not include the tributary area known
as the Champion Motors site.
b. Hydraulic and storm drain plans for Phase 1 & 2 which includes Highway
111, Washington Street and Avenue 47 and all related offsite tributary
areas, including hydrologic and hydraulic concepts, offsite inlet structure
types, locations, assumptions and methodologies, as they pertain to
Phases 1 & 2 and adjacent streets except as set forth in Paragraphs 4 and
6, below, setting forth the need for additional inlets.
Page 1 of 4
MEMORANDUM OF UNDERSTANDING
2. City and Developer agree that currently the Champion Motors site drains to
Simon Drive which subsequently drains onto Washington Street with the flow
running south in the east gutter of Washington Street adjacent to the Washington
Park development site. The City and Developer further agree that it is desirable
to redirect the Champion Motors current storm drainage to an existing
underground storm drain system to convey that drainage northerly to the
Whitewater Channel, or alternatively, if the Champion Motors site is redeveloped
by a third party, to require as a condition of development, retention of all
nuisance water and the 100-year storm for its tributary drainage area (to the
centerline of adjacent public streets) onsite. However, until the City or a third
party constructs a connection to the existing underground storm drain to affect
redirection of that flow, or that flow is retained onsite, Developer agrees to accept
the Champion Motors drainage flow (i.e. storm flows, not nuisance flows resulting
from business operations on the Champion Motors site) provided that in doing so
Developer is not required to oversize any of its drainage facilities, either
temporarily or permanently, to accommodate that temporary drainage condition.
Thus, excess drainage that is routed to the retention basins on the Developer site
will be allowed to flow offsite when the retention capacity of the basins is
exceeded.
3. If the Champion Motors site is not reconfigured to retain all nuisance water and
the 100-year storm for its tributary drainage area (to the centerline of adjacent
public streets) onsite, City agrees to facilitate the design and construction,
without cost to Developer, of a drainage connection to an existing underground
storm drain located in Washington Street from an appropriate point on Simon
Drive that affects redirection of the Champion Motors drainage from its current
drainage route northerly to the Whitewater Channel. Either the onsite retention
basin or the drainage connection will be constructed within 60 months of signing
this Memorandum.
4. Developer agrees to install, at its cost, a drainage inlet and connecting surface
parkway drain in the east curb of Washington Street located north of the first bus
stop. The inlet will be built at the time of construction of Phase 3B of Washington
Park. The inlet will be sized for Developer's related tributary water for the 20-
year storm event pursuant to the amended hydrology report as referenced in
Paragraph 1 of this MOU. The drainage will flow from Washington Street via a
parkway drain under the meandering sidewalk on Washington Street to the
Washington Park parking lot where it will flow in the parking lot curb and gutter to
a catch basin that then directs the flow to Retention Basin No. 4 via an
underground storm drain pipe. To accomplish retention of the revised tributary
area associated with Retention Basin No. 4 (i.e. tributary area that was formerly
intended for Retention Basin No. 5) the City agrees that Developer may modify
the retention basin to accommodate a water depth exceeding five feet plus one
foot of freeboard as measured at the overflow location, provided the square
footage of the original retention basin footprint is not decreased.
Page 2 of 4
MEMORANDUM OF UNDERSTANDING
5. Developer agrees that all retention basins, except for Retention Basin No. 4, will
be designed and constructed per Engineering Bulletin 97-03 or as otherwise
approved by the City Engineer as required by the Conditions of Approval. City
acknowledges that it has approved as an equal solution to Item # 6 of
Engineering Bulletin 97-03 the drywell solution for Washington Park based on the
letter of opinion issued by Sladden Engineering on Jan 14, 2005.
6. Developer agrees to install, at its cost, an additional inlet in the east curb of
Washington Street immediately north of the intersection of Avenue 47 and
Washington Street, to intercept related flows generated from a 100 year storm
event and divert water through an open swale at approximately a 45 degree
angle to an outlet in Avenue 47 and to continue its path of surface drainage as
set forth in the (PCA - Phase 1 & 2) Hydrology Study. Construction of this
surface inlet would occur at the sooner of (a) construction of Phase 4 of
Washington Park, or (b) completion of the connection with the underground
storm drain in Washington Street north of Simon Drive.
7. Developer agrees that use of cantilevered buildings or equivalent structures as
contemplated and set forth in the (PCA - Phase 1 & 2) Hydrology Study will be
subject to the approval of the City Building & Safety Department and City Public
Works Director.
8. City agrees that all references to Developer will be deemed to include its
successors in interest to all or any part of Washington Park, provided use of the
Washington Park site remains as currently approved in Specific Plan 89-011,
Amendment #4.
9. City and Developer agree that the primary cause for any delays in the processing
of improvement plans was a result of a disagreement regarding the drainage
requirements regarding the Washington 111 development site. Now that the City
and Developer have resolved the drainage aspects that were in disagreement, it
is understood all future processing of improvement plans will proceed per
standard City processing policies. Improvement plans submitted by Developer
will be returned with plan check comments (if any) for revision in less than ten
(10) working days.
10. It is agreed that Map 32683-2 is scheduled for final approval at the May 3, 2005
City Council Agenda. It is also agreed that provided an agreement is reached on
the Items set forth in this MOU at the May 3, 2005 City Council meeting that the
City Engineer will schedule Map 32683-1 & 3 for the May 17,2005 City Council
meeting.
11. If all parties execute the MOU at or before the May 3, 2005 City Council meeting,
Developer shall withdraw its appeal.
Page 3 of 4
MEMORANDUM OF UNDERSTANDING
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first written above.
CITY OF LA QUINTA:
homas P. Genovese, City Manager
Date
ATTEST:
6PI�S—G- reek, City
City of La Quinta
DEVELOPER:
Approved as to Form:
M. Kath6rine Jenson, Attorney
City of La Quinta
—'� Date
WASHINGTON 111, LTD., a California limited partnership
By: Old Anchor Inc., a California Corporation
Its: General Partner
01
By:
Jack Idham
Its: President
.- - - o s-
Date:
Page 4 of 4