2011 01 04 CC&(# 4 44dja
City Council agendas are
available on the City's web page
@ www.la-quinta.org
CITY COUNCIL
AGENDA
CITY COUNCIL CHAMBERS
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
TUESDAY, JANUARY 4, 2011
3:30 P.M. Closed Session / 4:00 P.M. Open Session
Beginning Resolution No. 2011-001
Ordinance No. 485
CALL TO ORDER
Roll Call:
Council Members: Evans, Franklin, .Henderson, Sniff, and Mayor Adolph
PUBLIC COMMENT
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.
CLOSED SESSION - NONE
RECESS TO REDEVELOPMENT AGENCY
RECONVENE AT 4:00 P.M.
rr r
PLEDGE OF ALLEGIANCE
001
City Council Agenda 1 January 4, 2011
PUBLIC COMMENT
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.
CONFIRMATION OF AGENDA
PRESENTATIONS
1. PRESENTATION BY ANDREW DAVIS REGARDING A POTENTIAL EAGLE
SCOUT PROJECT.
WRITTEN COMMUNICATIONS — NONE
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF DECEMBER 21, 2010.
CONSENT CALENDAR
NOTE: Consent Calendar items are considered to be routine in nature and will be approved
by one motion.
1 . APPROVAL OF DEMAND REGISTER DATED JANUARY 4, 2011.
2. ADOPTION OF A RESOLUTION DETERMINING THE AMOUNT OF PROPERTY
TAX REVENUE TO BE EXCHANGED BETWEEN THE SOUTHERN
COACHELLA VALLEY COMMUNITY SERVICES DISTRICT (SCVCSD) AND
THE CITY OF LA QUINTA RELATING TO THE DETACHMENT OF CITY
ANNEXATION NO. 11.
3. AUTHORIZATION OF OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY
COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES REVENUE AND
TAXATION COMMITTEE MEETING TO BE HELD IN SACRAMENTO,
CALIFORNIA, JANUARY 21, 2011.
4. APPROVAL TO AWARD A CONTRACT TO PRO TECH ENGINEERING
CORPORATION TO CONSTRUCT THE EISENHOWER DRIVE AND CALLE
TAMPICO SIGNAL INTERCONNECT PROJECT, PROJECT NO. 2009-22,
FEDERAL AID PROJECT NO. CML 5433 (011).
002
City Council Agenda 2 January 4, 2011
5. APPROVAL TO AWARD A CONTRACT TO FLATIRON ELECTRIC GROUP,
INC. TO CONSTRUCT THE ADAMS STREET, MILES AVENUE, AND DUNE
PALMS ROAD SIGNAL INTERCONNECT PROJECT, PROJECT NO. 2009-24,
FEDERAL AID PROJECT NO. CML 5433 (010).
BUSINESS SESSION
1 . CONSIDERATION OF IMPLEMENTATION OF A 1 % PUBLIC, EDUCATIONAL,
AND GOVERNMENT (PEG) CABLE FRANCHISE FEE.
A. MINUTE ORDER ACTION
STUDY SESSION - NONE
REPORTS AND INFORMATIONAL ITEMS
1. ANIMAL CAMPUS COMMISSION (FRANKLIN)
2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (ADOLPH)
3. CITY COUNCIL AD HOC COMMITTEE REPORTS
4. CVAG COMMITTEE REPORTS
5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE
COMMITTEE (HENDERSON)
6. C.V. CONSERVATION COMMISSION (SNIFF)
7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX)
8. C.V. MOUNTAINS CONSERVANCY (FRANKLIN)
9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH)
10. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN)
11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN)
12. LEAGUE OF CALIFORNIA CITIES (HENDERSON)
13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS
AUTHORITY (EVANS)
14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA)
15. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN)
16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON)
17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH)
18. COMMUNITY SERVICES COMMISSION MINUTES OF NOVEMBER 8, 2010
Q' 003
City Council Agenda 3 January 4, 2011
DEPARTMENT REPORTS
1. CITY MANAGER
A. RESPONSE(S) TO PUBLIC COMMENTS
B. UPDATE ON COACHELLA VALLEY ECONOMIC PARTNERSHIP
2. CITY ATTORNEY
3. CITY CLERK
A. REQUEST FOR DIRECTION REGARDING INVESTMENT ADVISORY
BOARD VACANCY
4. BUILDING & SAFETY DEPARTMENT REPORT - NONE
5. COMMUNITY SERVICES DEPARTMENT REPORT - NONE
6. FINANCE DEPARTMENT REPORT - NONE
7. PLANNING DEPARTMENT REPORT — NONE
8. PUBLIC WORKS DEPARTMENT REPORT - NONE
9. POLICE DEPARTMENT REPORT - NONE
10. FIRE DEPARTMENT QUARTERLY REPORT — NONE
MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE
RECESS TO REDEVELOPMENT AGENCY MEETING
RECESS TO 7:00 P.M.
7:00 P.M.
PUBLIC COMMENT
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.
PRESENTATIONS — NONE
PUBLIC HEARINGS
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. If you challenge a project in court,
you may be limited to raising only those issues you or someone else raised at the public
hearing or in written correspondence delivered to the City Clerk at, or prior to the public
hearing.
City Council Agenda 4 January 4, 2011- 004
1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION
APPROVING A ONE-YEAR EXTENSION OF TIME FOR VILLAGE USE PERMIT
2007-039 TO CONSTRUCT TWO 7,045 SQUARE -FOOT OFFICE BUILDINGS.
APPLICANT: DAVID CHAPMAN INVESTMENTS.
A. RESOLUTION ACTION
JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY
2. JOINT PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY AND CORAL MOUNTAIN PARTNERS, L.P.
TO LEASE PROPERTY LOCATED SOUTHEAST OF DUNE PALMS ROAD AND
HIGHWAY 111 FOR THE PURPOSE OF CONSTRUCTING AND OPERATING
AFFORDABLE RENTAL HOUSING.
A. RESOLUTION ACTION
ADJOURNMENT
The next regular meeting of the City Council will be held on January 18, 2011,
commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the
City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253.
City Council Agenda 5 January 4, 2011 005
DECLARATION OF POSTING
I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that
the foregoing agenda for the La Quinta City Council meeting of January 4, 2011,
was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico
and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111,
on December 30, 2010.
DATE :
VERONICA J.,1
City of La ME
December 30, 2010
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,
arrangement 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 City Council 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
on this agenda will be made available for public inspection at the City Clerk counter at City
Hall located at 78-495 Calls Tampico, La Quinta, California, 92253, during normal
business hours.
City Council Agenda 6 January 4, 2011 < 006
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COUNCIL/RDA MEETING DATE: January 4, 2011
ITEM TITLE: Demand Register Dated
January 4, 2011
RECOMMENDATION:
Approve Demand Register Dated January 4, 2011
BACKGROUND:
Prepaid Warrants:
90080 - 90081 }
90082 - 90133}
90134 - 901651
Voids}
Wire Transfers}
P/R 36244 - 36253
P/R Tax Transfers}
Payable Warrants:
90166 - 90243}
FISCAL IMPLICATIONS:
Demand of Cash -City
Demand of Cash -RDA
Demand of Cash - HA
l�
John M. Falconer, Finance Director
6,830.41
720,956.97
184,336.86
(5,747.71)
296,644.26
228,017.90
64,558.27
148,081.17
$1,643,678.13
$748,571.18
$895,106.95
$0.00
AGENDA CATEGORY:
BUSINESS SESSION
CONSENT CALENDAR
STUDY SESSION
PUBLIC HEARING
a
007
CITY OF LA QUINTA
BANK TRANSACTIONS 12/14/10 - 12/28/10
12/14/10 WIRE TRANSFER - TASC $1,522.47
12/22/10 WIRE TRANSFER - ULTRA ESCROW $87,480.34
12/22/10 WIRE TRANSFER - LANDMARK $136,116.60
12/22/10 WIRE TRANSFER - LANDSAFE TITLE $5,000.00
12/23/10 WIRE TRANSFER - ICMA $11,999.91
12/23/10 WIRE TRANSFER - PERS $54,362.44
12/23/10 WIRE TRANSFER - LQCEA $162.50
TOTAL WIRE TRANSFER OUT $296,644.26
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COUNCIL/RDA MEETING DATE: January 4, 2010
ITEM TITLE: Adoption of a Resolution Determining the
Amount of Property Tax Revenue to be Exchanged
Between the Southern Coachella Valley Community
Services District (SCVCSD) and the City of La Quinta
Relating to the Detachment of City Annexation No. 11
RECOMMENDATION
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: _ ;L
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council approving an exchange of property tax revenue
between the Southern Coachella Valley Community Services District (SCVCSD) and
the City of La Quinta.
FISCAL IMPLICATIONS
None.
None.
BACKGROUND AND OVERVIEW
This 284 acre portion of the City of La Quinta was annexed in 2001 under Annexation
No. 1 1 (Attachment 1). At that time, the area was mostly vacant with the exception
of the Village at the Palms neighborhood. Annexation 11 was finalized with
recordation of the Certificate of Completion on November 30, 2001. Upon
annexation, the City began providing all municipal services to the area. Since then, the
Piazza Serena and Capistrano subdivisions have been approved and partially developed.
Prior to Annexation 11, the Southern Coachella Valley Community Services District
(SCVCSD) was responsible for providing police protection and trash removal services.
Although they have not provided services in this area since 2001, due to an oversight,
the area was not formally detached from the service area boundary, resulting in an $86
annual assessment collected from each residential unit. There are approximately 139
residential units currently within the area of Annexation 11.
029
On September 21, 2010, the City Council approved a resolution to correct this matter
by initiating an application for detachment with the Local Agency Formation
Commission (LAFCO). As a part of the detachment process, both the City of La
Quinta and the County of Riverside, acting on behalf of the SCVCSD, must negotiate
and adopt resolutions approving the transfer of property tax funding.
Adoption of this resolution initiates the transfer of assessed taxes levied upon
residential units within the area of Annexation 11 by the SCVCSD to the City of La
Quinta. The adoption of a tax exchange resolution by both agencies involved is
necessary in order to proceed with the formal detachment application currently under
review by the Local Agency Formation Commission. The County of Riverside will be
adopting a similar resolution on behalf of the Southern Coachella Valley Community
Services District sometime in the next few weeks.
Environmental Review
The Planning Department has determined that this proposal is exempt from the
California Environmental Quality Act (CEQA). Approval of this tax exchange resolution
is organizational, will not result in any changes to existing public services, and could
not have an effect on the environment.
FINDINGS AND ALTERNATIVES
The findings and reasons for approval can be found within the attached Resolution.
The alternatives available to the Council include:
1. Adopt a Resolution of the City Council to initiate the full exchange of tax
revenue between the Southern Coachella Valley Community Services District
(SCVCSD) and the City of La Quinta.
2. Do not move to take up the Resolution.
RespectfullyAsbmitted,
Planning Director
® 030
Attachment: 1. Detachment Exhibit A
Approved for submission by:
dc g /Yyn .
Thomas P. Genovese, City Manager
a. 031
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA,
DETERMINING THE AMOUNT OF PROPERTY TAX
REVENUE TO BE EXCHANGED BETWEEN THE
SOUTHERN COACHELLA VALLEY COMMUNITY
SERVICES DISTRICT AND THE CITY OF LA
QUINTA RELATING TO THE DETACHMENT OF
CITY ANNEXATION NO. 11 (THE PALMS
COUNTRY CLUB) FROM THE SOUTHERN
COACHELLA VALLEY COMMUNITY SERVICES
DISTRICT.
WHEREAS, on September 21, 2010, the City Council of the City of La
Quinta initiated an application with the Riverside County Local Agency Formation
Commission (2010-18-4) for the detachment from the Southern Coachella Valley
Community Services District; and
WHEREAS, the Southern Coachella Valley Community Services
District and the City of La Quinta are the agencies whose area of responsibility
would be affected by the Detachment of the area of Annexation No. 11 to the City
of La Quinta; and
WHEREAS, although the detachment area was annexed into the City
of La Quinta as Annexation No. 11 on the 30th day of November 2001 by LAFCO
Resolution No. C-4-01, the area has received a duplication of services from both
the City of La Quinta and the Southern Coachella Valley Community Services
District since that time; and
WHEREAS, representatives of each of the affected agencies have met
and negotiated the following exchange of property tax revenue to become effective
for tax purposes upon completion of the annexation of the area described as
"Detachment 2010-18-4," as identified in the attached Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta:
1. That the City of La Quinta shall assume the service responsibility for the
provision of police and garbage disposal services in the area to be detached,
identified as Exhibit "A", and for such services shall receive 100% of that
portion of the property tax revenue generated within the territory to be
A C32
City Council Resolution 2011-
Tax Exchange - Detachment of Annex. 11
Adopted: January 4, 2011
Page 2 of 3
detached that is presently collected by the Southern Coachella Valley
Community Services District for the provision of police and garbage disposal
services.
2. That the County Auditor shall convert the above -established percentage
figures into actual dollar figures and thereafter allocate such property tax
revenue in accord with the provisions of Section 95 et seq. of the Revenue
and Taxation Code.
3. That the City Council of the City of La Quinta does hereby agree to this
exchange of property tax revenue.
4. That the City Clerk of the City of La Quinta shall transmit a certified copy of
this resolution to each affected agency and to the Executive Officer of the
Riverside County Local Agency Formation Commission and to the Auditor of
the County of Riverside pursuant to Section 99 of the Revenue and Taxation
Code.
PASSED, APPROVED AND ADOPTED at a regular meeting of the La
Quinta City Council held on this 41h day of January, 2011, by the following vote:
AYES:
NOED:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
VERONICA J. MONTECINO, CMC, City
City of La Quinta, California
06 033
City Council Resolution 2011-
Tax Exchange - Detachment of Annex. 11
Adopted: January 4, 2011
Page 3 of 3
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
4o Ca4
ATTACHMENT
EXHIBIT "A"
DETACHMENT FROM THE SOUTHERN COACHELLA VALLEY
COMMUNITY SERVICES DISTRICT (LA QUINTA)
LAFCO 2010 - 18 - 4
A PARCEL OF LAND LYING WITHIN THE NORTHEAST QUARTER (NE 1/4) AND THE
SOUTHEAST QUARTER (SE1/4) OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 7 EAST OF THE
SAN BERNARDINO MERIDIAN, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE. SECTION CORNER COMMON TO SECTIONS 14, 15, 22 AND 23, ALL IN
TOWNSHIP 6 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO MERIDIAN, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, SAID POINT BEING ON THE CENTERLINES OF AIRPORT
BOULEVARD (AVENUE 56) AND MONROE STREET;
(1) 'THENCE S00°16'S3"E ALONG THE EAST LINE; OF THE NORTHEAST QUARTER (NEI/4) OF
SAID SECTION 22, THE WEST LINE OF THE NORTHWEST QUARTER (NW 1/4) OF SAID
SECTION 23 AND THE CENTERLINE OF SAID MONROE STREET, A DISTANCE OF 2,695.52
FEET TO THE QUARTER (1/4) CORNER COMMON TO SAID SECTIONS 22 AND 23;
(2) THENCE S00°02'09"E ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (SEl/4) OF
SAID SECTION 22, THE WEST LINE OF"ITIE SOUTHWEST QUARTER (SWl/4) OF SAID
SECTION 23 AND THE CENTERLINE OF SAID MONROE STREET, A DISTANCE OF 2,653.45
FEET TO THE SECTION CORNER COMMON TO SECTIONS 22, 23, 26 AND 27, TOWNSHIP 6
SOUL H, RANGE 7 EAST OF THE SAN BERNARDINO MERIDIAN, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, SAID POINT BEING ON TFIE CENTERLINES OF SAID MONROE
STREET AND AVENUE 58;
(3) THENCE N89°32'34"W ALONG THE SOUTH LINE, OF THE SOUTHEAST QUARTER (SE1/4)
OF SAID SECTION 22, THE NORTH LINE, OF THE NORTHEAST QUARTER (NE1/4) OF SAID
SECTION 27 AND THE CENTERLINE OF SAID AVENUE 58, A DISTANCE OF 1,325.42 FEET TO
THE EAST SIXTEENTH (E 1/16) CORNER COMMON TO SAID SECTIONS 22 AND 27;
(4) THENCE N00°01'30"W ALONG THE EAST SIXTEENTH (El/16) LINE OF THE SOUTHEAST
QUARTER (SEl/4) OF SAID SECTION 22, A DISTANCE OF 1326.34 FEET TO THE SOUTHEAST
SIXTEENTH (SEl/16) CORNER OF SAID SECTION 22;
(5) THENCE N89°33'34"W ALONG THE SOUTH SIXTEENTH (Sl/16) LINE OF THE SOUTHEAST
QUARTER (SEl/4) OF SAID SECTION 22, A DISTANCE OF 1,325.17 FEET TO THE CENTER -
SOUTH SIXTEENTH (CS 1/16) CORNER OF SAID SECTION 22;
(6) THENCE N00°00'51 "W ALONG THE NORTH -SOUTH QUARTER (N-S 1/4) SECTION LINE OF
SAID SECTION 22, A DISTANCE OF 1325.95 FEET TO THE CENTER QUARTER (Cl/4) CORNER
OF SAID SECTION 22;
(7) THENCE CONTINUING N00°00'51"W ALONG THE NORTH -SOUTH QUARTER (N-S 1/4)
SECTION LINE OF SAID SECTION 22, A DISTANCE OF 2,683.25 FEET TO THE QUARTER (1/4)
CORNER COMMON TO SAID SECTIONS 15 AND 22 AND THE CENTERLINE OF SAID AIRPORT
BOULEVARD (AVENUE 56);
11/'3=010
10126 600 .DEI'ACH_X
1
"°' 35
PAGE 2 OF 2
(8) THENCE S89°50'23'E ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER (SEI/4) OF
SAID SECTION 15, THE NORTH LINE OF THE NORTHEAST QUARTER (NEI/4) OF SAID
SECTION 22 AND THE, CENTERLINE OF SAID AIRPORT BOULEVARD (AVENUE 56), A
DISTANCE OF 2,637.18 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 284.25 ACRES, MORE OR LESS, AS SHOWN ON THE ATTACHED
EXHIBIT "A", WHICH IS MADE A PART HEREOF BY TIBS REFERENCE HEREON.
4•
11/30/2010
10126_600_DETACH_X
a'. 036
SCALE f"- 800'
EXHIBIT "A"
DETACHMENT FROM THE SOUTHERN COACHELLA VALLEY
COMMUNRYSERVICES DISTRICT (LA QUINTA)
LAFCO2010-1"
AVENUE
54
(r
15
AIRPORT
14
BL VD,/
AVENUE
56
2
W
2Z
23
g
ZE
AVENUE
58
27
26
AVENUE
60
®VICINITY MAP
TAS.. R.7.E SAM
NTs
NOTE
A PORTION OF SECTION 22, T.6S., R.7E. S.B.M.,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
MAP BASED ON RECORD INFORMATION PER
TRACT NO. 31910, M.B. 413161-68, O.R.
COUNTY OF RIVERSIDE, STATE OF CALIFORNW.
LEGAL DESCRIP77ON
• (SEE ATTACHED EXHIBIT 'A" -
LEGAL DESCRIP770N)
LEGEND
1/4 COR. SLCIION UNE
X�lAIRPORT BLVD. /AVENUE 56
15 (8)SB9°5073'E 2637.18'
764-01a006 THR0007
764010-013
y.3 764020MIIHRU 023
Zi 764030001 THRU025
N 764-0/OOOI THRU017
764-04001P7HRU028
764-05a001 THR0002
!n 7641050.010 THRU024
764A50-026 THRU030
764-06 wuoio
764-060025
766060-0T71HRU 029
764060,=
764-0604MTHRU041
76*060W4
% 764-0600477HRUDS7
y 76406O05D IHRU 061
.y2S CT/4 COR. 764TO�
hh 114SECIION UNE
A.P. N. �—
764010-013 I -_
CS1116 COR.
SE1/16
la/ nor arss ry 1J2S. //'
DETACHMENT BOUNDARY I APN.
P.O.B. POINT OF BEGINNING hl 764460-WI7HRU046I
N.A.P. NOT A PART 764470-0011HRU 041r
• DETACHMENT AREA = 284.25 ACRES, t jzz N�1.P.
SWI14SE714
GRAPHIC SCALE 1' SEC.2ZT.6S..R.71=_
800 0 400 800 1600
l/4 CDR.
22 E7/16 COR.
( IN FEET) 27 N832 Y
I inch = 800 ft. SEC1101 AVENUE 58
PAGE 1 OF 1
15114
22
22
8
23
27 126
Prepared by: I(ISAND ' THIS DOCUMENT WAS PREPARED
,1{�S�O P T so-- BY M£ OR UNDER MY DIRECTION,
I \\\ ��'" Qy_ o ` BASED ON RECORD INFORMATION.
VE ; � �p
co,*.Fa vagI gMnvs
77-933 Las Montanas Roam Suite 101 J
PahnDesat, CA92211 Sq�WWI 1
Tel: (760) 360-4200 Fax: (760) 360-4204 �9
L.S. 6532
10126 NOVEMBER, 2010 =pP CA���Q�IIII LMXAPXDATE., 06/30/l1
N0. DATE 10126_600_DErA
^a:.1 037
CERTIFICATION FOR BOUNDARY DESCRIPTIONS
The attached legal description and supporting map(s) titled:
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are accurate and have been prepared in compliance with the standards of the Riverside
Local Agency Formation Commission and the State Board of Equalization (SBE). If any
defect in the attached is found within one year of filing with the State Board of
Equalization (SBE), or, within one year of LAFCO approval for proposals which do not
require filing with the SBE, we will make all required corrections in a timely manner at
our own cost.
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RIVERSIDE LOCAL AGENCY FORMATION COMMISSION • 3850 VINE STREET, SUITE 110 - RIVERSIDE, CA 92507-4277
PHONE (951) 369-0631 • w�ywjgaf ).4[g' FAX (951) 369-8479
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COUNCIL/RDA MEETING DATE: January 3, 2011
ITEM TITLE: Authorization of Overnight Travel for One
Member of the City Council to Attend the League of
California Cities Revenue and Taxation Committee
Meeting to be held in Sacramento, CA, January 21,
2011
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: —13
STUDY SESSION:
PUBLIC HEARING:
Approve authorization of overnight travel for council Member Terry Henderson to
attend the League of California Cities Revenue and Taxation Committee Meeting to be
held in Sacramento, CA, January 21, 2011.
FISCAL IMPLICATIONS:
The Fiscal Year 2010-2011 Budget has allocated funds for travel, training, and
meetings for the City Council. Funds for this conference attendance are available in
the Legislative Program's Travel, Training, and Meetings account (#101-1001-41 1.51-
01). Expenditures for this meeting are estimated as follows:
Transportation (flight, ground transportation and parking) $500
Meals (2 days x $75) $150
TOTAL $650
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The League of California Cities Policy Committees meets four times each year. The
first meeting of the Policy Committees in 2011 is scheduled for January 20 and 21,
2011 in Sacramento, CA. The Revenue and Taxation Committee, on which Council
Member Henderson sits, will be meeting January 21, 2011
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve authorization of overnight travel for Council Member Henderson to
attend the League of California Cities Revenue and Taxation Committee Meeting
to be held January 21, 2011; or
2. Do not approve the request for overnight travel; or
3. Provide staff with alternative direction.
Respectfully submitted,
1h &m
Wanda Wise -Latta, Executive Assistant
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. 2011 League of California Cities
Policy Committee Schedule
Oa 04O
&O LEAGUEOItNIA ATTACHMENT 1
CALIF CITIES
2011 POLICY COMMITTEE SCHEDULE
Meetings begin at 10:00 a.m. and generally conclude by 3:00 p.m.
January 20-21, 2011
Sacramento Convention Center,. 1400 J Street; Sacramento 95814
*These committees will meet at League Office, 1400 K Street, Sacramento 95814
Thursdav, January 20. 2011
*Community Services
Employee Relations
Housing, Community & Economic Dev
Public Safety
Friday, January 21, 2011
*Administrative Services
Environmental Quality
Revenue and Taxation
Transp., Comm. & Public Works
April 7-8, 2011
Doubletree Hotel, 222 N. Vineyard Avenue, Ontario 91764
Thursday, April 7, 2011
*Community Services
Employee Relations
Housing, Community & Economic Dev
Public Safety
Friday, April 8, 2011
*Administrative Services
Environmental Quality
Revenue and Taxation
Transp., Comm. & Public Works
June 16-17, 2011
Sacramento Convention Center, 1400 J Street, Sacramento 95814
*These committees will meet at League Office, 1400 K Street, Sacramento 95814
Thursdav,.June 16, 2011 Friday, June 17, 2011
Community Services Administrative Services
*Employee Relations *Environmental Quality
Housing;:; Community & Economic Dev. Revenue and Taxation
Public Safety. Transp., Comm. & Public Works
ANNUAL CONFERENCE
September 21-23, 2011, San Francisco Moscone West
Policy Committee Meetings, TBD— Wednesday, September 21
ITE. Policy committee members should be aware that lunch Is usually served at these meetings. The state's Fair Political Practices
mmission takes the position that the value of the lunch should be reported on city oKcials'statement of economic Interests form. Because of
service you provide at these meetings, the League takes the position that the value of the lunch should be reported as income (in retum for
it service to the committee) as opposed to a gilt (note that this is M income for state or federal Income tar purposes just Political Reform
'reporting purposes). The League has been persistent, but unsuccessful, in attempting to change the FPPC's mind about this interpretation.
such, we feel we need to let you know about the issue so you can determine your course of action.
would prefer not to have to report the value of the lunches as Income, we will let you know the amount so you can reimburse the League.
inches tend to run In the $30 to $45 range. To review a copy ofthe FPPC's most recent letter on this issue, please go to the League's
IAAWroved Policy Commihe Documentatcal201 I KRDC.doc
�� 041
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COUNCIURDA MEETING DATE: January 4, 2010
ITEM TITLE: Approval to Award a Contract with Pro
Tech Engineering, Corp. to Construct the Eisenhower
Drive and Calle Tampico Signal Interconnect Project,
Project Number 2009-22, Federal Aid Project Number
CIVIL 5433 (01 1)
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Award a contract with Pro Tech Engineering, Corp., in the amount of $235,656, to
construct the Eisenhower Drive and Calle Tampico Signal Interconnect Project, Project
Number 2009-22, Federal Aid Project Number CIVIL 5433 (011), and authorize the City
Manager to execute the contract.
FISCAL IMPLICATIONS:
The following is the approved funding and funding sources for the Eisenhower Drive
and Calle Tampico Signal Interconnect Improvements:
CMAQ Grant Funds: $310,000
RDA Project Area Number 1: $141,000
Total Funding: $451,000
Considering the lowest responsive bid received from Pro Tech Engineering, Corp., in
the amount of $235,656, the following is the anticipated budget to complete the
project:
Design: $15,000
Inspection/Testing/Survey $23,000
Construction: $235,656
Contingency: $177,344
Total Budget: $451,000
a e42
CHARTER CITY IMPLICATIONS:
The project is partially funded with Federal Congestion Mitigation Air Quality (CMAQ)
funding and Redevelopment Agency (RDA) funding. As such, the project is subject to
prevailing wage requirements.
BACKGROUND AND OVERVIEW:
In April 2009, Coachella Valley Association of Governments (CVAG) issued a call for
projects for CMAQ eligible improvements. The total amount of CMAQ funding
available was $2,180,000.
On May 5, 2009, the City Council adopted a resolution of the City Council approving
the submittal of an application to CVAG for partial funding for the following five
projects in order of priority:
Project No. 1 — Traffic Signal Synchronization
• Eisenhower Drive from Coachella to Calle Tampico; and
• Calle Tampico from Eisenhower Drive to Washington Street
Project No. 2 — Traffic Signal Synchronization
• Adams Street from Westward Ho to Fred Waring Drive;
• Miles Avenue from Adams Street to Dune Palms Road; and
• Dune Palms Road from Miles Avenue to Fred Waring Drive
Project No. 3 — City Owned Property PM-10 Stabilization
• Use of contract farming on undeveloped property at SilverRock
• Planting of Bermuda and Sudan grass on undeveloped areas not being
farmed
Project No. 4 — New Traffic Signal
• Design and construct a new traffic signal at the intersection of Dune Palms
Road and Retail Center Drive
Project No. 5 — New Traffic Signal
Design and construct a new traffic signal at the intersection of Madison
Street and Avenue 54
On December 7, 2009, CVAG's Executive Committee approved CMAQ funding, in the
amount of $992,000, toward City project priorities 1, 2 and 5.
On March 16, 2010, the City Council adopted a Resolution making certain findings
pursuant to Health and Safety Code Section 33445(a) and authorizing the expenditure
of funds toward the City's traffic signal synchronization improvements at various
locations; appropriated funding and approved the inclusion of the Eisenhower Drive and
Calle Tampico Signal interconnect improvements within the Fiscal Year 2009-2010
Capital Improvement Plan (CIP).
C.43
On March 16, 2010, the Redevelopment Agency, adopted a Resolution of the
Redevelopment Agency of the City of La Quinta making certain findings pursuant to
Health and Safety Code Section 33445(a) and authorizing the expenditure of funds
toward the City's traffic signal synchronization improvements at various locations.
On August 2, 2010, Caltrans District 8 approved the environmental document for the
Eisenhower Drive and Calle Tampico signal interconnect improvements.
On August 12, 2010, staff submitted the request for authorization to proceed with
construction and requested the federal funds, in the amount of $310,000 be obligated
towards the Eisenhower Drive and Calle Tampico Signal Interconnect Improvements.
The City's request was approved at Caltrans District 8 and submitted to Caltrans
headquarters for final approval.
On September 21, 2010, the City Council approved the plans, specifications and
engineer's estimate (PS&E), and authorized staff to advertise the Eisenhower Drive and
Calle Tampico Signal Interconnect Project, Project Number 2009-22.
On October 19, 2010, Caltrans approved the City's request for authorization to
proceed with construction, obligated funding, and authorized the City to advertise the
project.
On December 1, 2010, seven (7) sealed bids were received for the construction of this
project. A detailed bid comparison summary is provided for the City Council's review
as Attachment 1 . Pro Tech Engineering, Corporation submitted the lowest responsive
bid in the amount of $235,656.
On December 7, 2010, the City Council authorized the City Manager to execute
Program Supplemental Agreement No. 012-N to the City of La Quinta Master
Agreement 08-5433R for Congestion Management Air Quality (CMAQ) funding toward
the Eisenhower Drive and Calle Tampico Signal Interconnect Project, Project Number
2009-22, Federal Aid Project Number CIVIL 5433 (011). Attachment 2 is a vicinity
map showing the location of the project.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Award a contract with Pro Tech Engineering, Corp., in the amount of
$235,656, to construct the Eisenhower Drive and Calle Tampico Signal
Interconnect Project, Project Number 2009-22, Federal Aid Project Number CIVIL
5433 (011), and authorize the City Manager to execute the contract; or
a° 044
2. Do not award a contract with Pro Tech Engineering, Corp., in the amount of
$235,656, to construct the Eisenhower Drive and Calle Tampico Signal
Interconnect Project, Project Number 2009-22, Federal Aid Project Number CML
5433 (01 1), and authorize the City Manager to execute the contract; or
3. Provide staff with alternative direction.
Respectfully submitted,
Timothy R. Jon sso , E.
Public Works irector/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Bid Comparison Summary
2. Vicinity Map
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ATTACHMENT 2
COUNCIL/RDA MEETING DATE: January 4, 2011
ITEM TITLE: Approval to Award a Contract to Flatiron
Electric Group, Inc. to Construct the Adams Street,
Miles Avenue, and Dune Palms Road Signal Interconnect
Project, Project No. 2009-24, Federal Aid Project
Number CIVIL 5433 (010)
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Award a contract to Flatiron Electric Group, Inc., in the amount of $261,256, to
construct the Adams Street, Miles Avenue, and Dune Palms Road Signal Interconnect
Project, Project No. 2009-24, Federal Aid Project Number CIVIL 5433 (010) and
authorize the City Manager to execute the contract.
FISCAL IMPLICATIONS:
The following are the approved funding sources and amounts for Adams Street, Miles
Avenue, and Dune Palms Road Signal interconnect improvements:
CMAQ Grant Funds: $354,000
RDA Project Area Number 2: $86,000
Total Funding: $440,000
Considering the lowest responsive bid received from Flatiron Electric Group, Inc., in the
amount of $261,256, the following is the anticipated budget to complete the project:
Design: $15,000
Inspection/Testing/Survey $30,000
Construction: $261,256
Contingency: $133,744
Total Budget: $440,000
W• 043
CHARTER CITY IMPLICATIONS:
The project is partially funded with Federal Congestion Mitigation Air Quality (CMAQ)
funding and Redevelopment Agency (RDA) funding. As such, the project is subject to
prevailing wage requirements.
BACKGROUND AND OVERVIEW:
In April 2009, Coachella Valley Association of Governments (CVAG) issued a call for
projects for CMAQ eligible improvements. The total amount of CMAQ funding
available was $2,180,000.
On May 5, 2009, the City Council adopted a resolution of the City Council approving
the submittal of an application to CVAG for partial funding for the following five
projects in order of priority:
Project No. 1 — Traffic Signal Synchronization
• Eisenhower Drive from Coachella to Calle Tampico; and
• Calle Tampico from Eisenhower Drive to Washington Street
Project No. 2 — Traffic Signal Synchronization
• Adams Street from Westward Ho to Fred Waring Drive;
• Miles Avenue from Adams Street to Dune Palms Road; and
• Dune Palms Road from Miles Avenue to Fred Waring Drive
Project No. 3 — City Owned Property PM-10 Stabilization
• Use of contract farming on undeveloped property at SilverRock
• Planting of Bermuda and Sudan grass on undeveloped areas not being
farmed
Project No. 4 — New Traffic Signal
• Design and construct a new traffic signal at the intersection of Dune Palms
Road and Retail Center Drive
Project No. 5 — New Traffic Signal
• Design and construct a new traffic signal at the intersection of Madison
Street and Avenue 54
On December 7, 2009, CVAG's Executive Committee approved CMAQ funding, in the
amount of $992,000, toward City project priorities 1, 2 and 5.
On March 16, 2010, the City Council adopted a Resolution making certain findings
pursuant to Health and Safety Code Section 33445(a) and authorizing the expenditure
of funds toward the City's traffic signal synchronization improvements at various
locations; appropriated funding and approved the inclusion of the Adams Street, Miles
Avenue, and Dune Palms Road Signal interconnect improvements within the Fiscal
Year 2009-2010 Capital Improvement Plan (CIP).
•• 049
On March 16, 2010, the Redevelopment Agency, adopted a Resolution of the
Redevelopment Agency of the City of La Quinta making certain findings pursuant to
Health and Safety Code Section 33445(a) and authorizing the expenditure of funds
toward the City's Traffic Signal synchronization improvements at various locations.
On August 2, 2010, Caltrans District 8 approved the environmental document for the
Adams Street, Miles Avenue, and Dune Palms Road Signal Interconnect Improvements.
On August 12, 2010, staff submitted the Request for Authorization to Proceed with
Construction and requested the federal funds, in the amount of $354,000 be obligated
towards the Adams Street, Miles Avenue, and Dune Palms Road Signal Interconnect
Improvements.
On September 21, 2010, the City Council approved the plans, specifications and
engineer's estimate (PS&E), and authorized staff to advertise the Adams Street, Miles
Avenue, and Dune Palms Road Signal Interconnect Improvements for bid, Project No.
2009-24.
On October 19, 2010, Caltrans approved the City's request for authorization to
proceed with construction, obligated funding, and authorized the City to advertise the
project.
On December 1, 2010, six (6) sealed bids were received for the construction of this
project. A detailed bid comparison summary is provided for the City Council's review
as Attachment 1 . Flatiron Electric Group, Inc. submitted the lowest responsive bid in
the amount of $261,256.
Steiny and Company, Inc. was the "apparent" low bidder at the bid opening with a bid
in the amount of $228,780. However, the City Clerk noted that Steiny and Company,
Inc. did not acknowledge Addendum 1 as required by the City bid documents.
Following further due diligence, staff also discovered that Steiny and Company, Inc.
did not complete and submit the federal documents required by the special federal
provisions. Following the due diligence review, the bid submitted by Steiny and
Company, Inc. staff determined the bid to be nonresponsive to the bid requirements.
On December 7, 2010, the City Council authorized the City Manager to execute
program supplemental agreement No. 011-N to the City of La Quinta Master
Agreement 08-5433R for CMAQ funding toward the Adams Street, Miles Avenue, and
Dune Palms Road Signal Interconnect Improvements for Bid, Project No. 2009-24,
Federal Aid Project Number CIVIL 5433 (010). Attachment 2 is a vicinity map showing
the location of the project.
•.. 050
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Award a contract to Flatiron Electric Group, Inc., in the amount of $261,256, to
construct the Adams Street, Miles Avenue, and Dune Palms Road Signal
Interconnect Project, Project No. 2009-24, Federal Aid Project Number CML
5433 (010) and authorize the City Manager to execute the contract; or
2. Do not award a contract to Flatiron Electric Group, Inc., in the amount of
$261,256, to construct the Adams Street, Miles Avenue, and Dune Palms Road
Signal Interconnect Project, Project No. 2009-24, Federal Aid Project Number
CIVIL 5433 (010) and do not authorize the City Manager to execute the
contract; or
3. Provide staff with alternative direction.
Respectfully submitted,
imothy R. J nas o , P.E.
Public Works Dire for/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Bid Comparison Summary
2. Vicinity Map
p• ' C. 51
CITY OF LA QUINTA ATTACHMENT 1
2009-24
SIGNAL INTERCONNECT - ADAMS, MILES, DUNE PALMS
ENGINEER'S ESTIMATE
ITEM
DESCRIPTION
QTY
UNIT
UNIT PRICE
EXTENDED
PRICE
N0.
1
Mobilization
1
LS
$8,000.00
$8,000.00
2
Traffic Control
1
LS
$10,000.00
$10,000.00
3
Oust Control
1
LS
$1,500.00
$1,500.00
Furnish and Install 12 Pair #19
4
Signal Interconnect Cable in 2-inch
10560
LF
$21.O0
$221,760.00
Conduit including Pull Boxes
Furnish and Install TS2 Controller
Cabinet painted Desert Tan, Local
Intersection Controller and
1
LS
$44,000.00
$44,000.0O
5
equipment list on drawing at the
intersection of Adams Street and
Fred Waring Drive
Furnish and Install TS2 Controller
Cabinet painted Desert Tan, Local
6
Intersection Controller and
1
LS
$44,000.00
$44,000.00
equipment list on drawing at the
Intersection of Adams Street and
Mites Avenue
Connect and test existing
interconnect lines with a Time
Domain Relectomoeter ITDRI,
identify and label Inbound and
7
outbound lines from cabinet to
1
LS
$12,110.00
$12,110.00
cabinet. Report any breaks in the
line to agency. Pastime map or
provide map of interconnect system
showln wires in use.
Furnish and Install telemetry
Interface panel (TIP) 33580G1 or
8
approved equal at the intersection of
1
LS
$12,110.00
$12,110.00
Fred Waring Drive and Dune Palms
Road.
TOTAL
$353,480.00
ITEM
NO.
DESCRIPTION
OTY
UNIT
UNIT PRICE
EXTENDED
PRICE
1
Mobilization
1
LS
$8,000.00
$8,000.00
2
Traffic Control
1
LS
$1 OODO 00
$10,000.00
3
Dust Control
1
LS
$1,500.00
$1 500.00
Furnish and Install 12 Pair, #19
4
Signal Interconnect Cable in 2-inch
10560
LF
$21.00
$221,760.00
Conduit including Pull Boxes
Furnish and Install TS2 Controller
Cabinet painted Desert Tan, Local
Intersection Controller and
1
LS
$44,OOO.00
$44,000.00
5
equipment list on drawing at the
intersection of Adams Street and
Fred Wand Drive
Furnish and Install TS2 Controller
Cabinet painted Desert Tan, Local
Intersection Controller and
1
LS
$44,000.00
$44,000.O0
6
equipment list on drawing at the
Intersection of Adams Street and
Miles Avenue
Connect and test existing
interconnect lines with a Time
Domain Relectomoeter ITDRI,
identify and label inbound and
7
outlines from cabinet to
1
LS
$12,110.00
$12,110.00
cabinet. Report any breaks in the
line to agency. Redline map or
provide map of interconnect system
showin wires in use.
Furnish and Install telemetry
interface panel (TIP) 33580G1 or
8
approved equal at the'mtersection of
1
LS
$12,110.00
$12,110.00
Fred Waring Drive and Dune Palms
Road.
$353,480.00
TOTAL
FLATIRON ELECTRICAL
GROUP, INC.
PRO TECH ENGINEERING
EXTENDED
PRICE
UNIT PRICE
EXTENDED
PRICE
55 000.00
$2,000.00
$2,000.0
$10000.00
53000.00
$3000.00
$1,000.00
$500.00
$500.00
$159,456.00
$17.00
$179,520.00
[UNITPRICEO
$40,000.00
$40,000.00
$40,000.00
537,300.00
$40,000.00
$40,000.00
$5,000.00
$5,000.00
±$2,500.00$2,500OC
$1,500.00
$1,500.00
a 61,256.00
$271,520.00
PTM GENERAL ENGINEERING
DBX, INC.
SIERRA PACIFIC
UNIT PRICE
EXTENDED
PRICE
UNIT PRICE
EXTENDED
pRICE
UNIT PRICE
EXTENDED
PRICE
$6,500.00
$6,600.00
$2,900.00
52 900.00
$5,750.00
$5,750.00
54,777.00
$4,777.00
$4500.00
$4500.00
$6,500.00
$6,500.00
$750.00
$750.00
$500.00
$500.00
$7,500.00
$7,500.00
$16.25
$171,600.00
$20.00
$211,200.00
$21.11
$222,921.60
541,700.00
$41,700.00
$35,824.00
$35,824.00
$34,749.00
$34,749+00
$41,700.00
$41,700.00
$35,824.00
$35,824.00
$34,749.00
$34,749.00
$3,800.00
$3,800.00
$1,000.O0
$3,800,00
$3,800.00
$6,250.00
$6,250.00$1,500.00
J$1,5010.00
$1,500.00
$1,500.00
293,24i
$317,469.60
052
ATTACHMENT
COUNCIL/RDA MEETING DATE: January 4, 2011
ITEM TITLE: Consideration of Implementation of a 1 %
Public, Educational, and Government (PEG) Cable
Franchise Fee
RECOMMENDATION:
As deemed appropriate.
FISCAL IMPLICATIONS:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Collection of a 1 % PEG fee would generate approximately $150,000 ($15,000,000 x
1 % PEG Fee) in additional cable franchise fee revenue. This PEG fee would be passed
on to the customer and would be listed on their monthly invoice.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
AB 2987, the "Digital Infrastructure and Video Competition Act", authorized the
California Public Utilities Commission (PUC) to issue statewide franchises to
communications companies wishing to provide video services. On May 15, 2007, the
City Council approved an ordinance implementing AB 2987 — State Video Franchise
Fees, Customer Service, and Other Video -Related Matters. Adoption of this ordinance
allowed the collection of Franchise Fees (5% of the video provider's gross revenues
generated within the City of La Quinta) and "PEG" fees (1 % of the video provider's
gross revenues generated within the City of La Quintal from State video franchises
(i.e. Time Warner Cable Inc. (TWC) and Verizon California Inc.). Franchise Fees may
be utilized for general fund purposes, and PEG fees must be used for PEG -related
purposes, consistent with federal and state law, and are treated as a segregated fund
with use restrictions.
054
The use of PEG fees is limited by federal and State law, but essentially can be used for
broadcasting and/or webcasting of City Council meetings, educational programs, public
safety programs, local interest programs, civic events, etc. The City currently does
not collect PEG fees under its cable franchise agreement with TWC.
Verizon recently began offering FIOS (fiber optic) video services to the City of La
Quinta through a State cable franchise (awarded in 2007 by the PUC) which provides
for the collection of a 1 % PEG fee. The current local cable franchise agreement TWC
will expire on January 17, 2011, and TWC was awarded its State cable franchise in
December 2010 from the PUC which also provides for the collection of a 1 % PEG fee.
FINDINGS AND ALTERNATIVES:
The Alternatives available to the City Council include:
1. Begin implementation of 1 % PEG Cable Franchise Fee for both Verizon
California Inc. and Time Warner Cable Inc.; or
2. Delay implementation of 1 % PEG Cable Franchise Fee for both Verizon
California Inc. and Time Warner Cable Inc. for one year; or
3. Provide staff with alternative direction.
Respectfully submitted,
Bret M. Plumlee
Assistant City Manager — Management Services
Approved for submission by:
Thomas P. Genovese, City Manager
n 055
REPORTS & INFORMATIONAL ITEMS: Zb
COMMUNITY SERVICES COMMISSION
MINUTES
November 8, 2010
CALL TO ORDER
A regular meeting of the Community Services Commission was called to order at
5:32 p.m. by Chairperson Fitzpatrick.
Commissioner Blakeley led the Pledge of Allegiance.
PRESENT: Commissioners Blakeley, Engel, Fitzpatrick, Lawrence, and Leidner
STAFF PRESENT: Edie Hylton, Community Services Director; Steve Howlett, Golf
& Parks Manager; Angela Guereque, Senior Secretary
PUBLIC COMMENT:
1. Kay Wolff spoke regarding the concern about potential mustard seed plant.
Chairperson Fitzpatrick suggested this item be added to a future agenda.
CONFIRMATION OF AGENDA
Motion - It was moved by Commissioners Leidner/Blakeley to confirm the agenda.
Motion carried unanimously.
PRESENTATIONS:
Presentation by the Family YMCA of the Desert
Rob Bellew, Executive Director, introduced Alisa Rutherford, Program Coordinator
for Vista Dunes; Melissa Zacaria, Program Coordinator for Wolff Waters; and Kelly
Emmer, Aquatics Manager.
Ms. Rutherford stated that the Vista Dunes after school program is funded by Hope
Through Housing. The program includes approximately 50 children from
Kindergarten through High School. Activities included in the after school program
include: YBeFit, Homework Help, Snack Program, Math Program, and a community
event monthly. The YMCA partners with the Big Brother Big Sister Program at this
site.
Ms. Zacaria stated that the Wolff Waters after school program is funded by the
Coachella Valley Housing Coalition. The program includes approximately 95
children from Kindergarten through High School. Activities included in the after
0 C56
Community 8ervices.Commission Minutes Novemb6r 8, 2010
-?-
school program include: YBeFit, Homework Help, Snack Program, and a
community event monthly. The YMCA also partners with the Big Brother Big Sister
Program at this site.
Ms. Emmer stated that the aquatics program at Fritz Burns Park during the 2010
Summer had 515 swim lesson participants; 14 pool rentals; and no accidents or
incidents. This program received a grant from the City which paid for swim
lessons that were provided to 26 children from the Wolff Waters site and 18
children from the Vista Dunes site. Additional swim lessons were provided free of
charge at Fritz Burns Pool.
APPROVAL OF MINUTES
1. Approval of October 11, 2010 Minutes
Motion — It was moved by Commissioners Blakeley/Lawrence to approve the
minutes as submitted. Motion carried unanimously.
CONSENT CALENDAR - None.
BUSINESS SESSION
1. Consideration of the Memorial Tree Program Update
Golf & Parks Manager Howlett presented the staff report.
Commissioner Leidner asked how many Memorial Trees we currently have. Mr.
Howlett stated that the City currently has two since he has been here.
Commissioner Leidner asked how this program was promoted. Director Hylton
stated that this program is available by donor's request.
Commissioner Lawrence suggested the requirements be more stringent. Director
Hylton stated that if the requirements were more stringent then it might seem more
like a recognition than a memorial.
Commissioner Leidner expressed concern about the need for a stricter approval
process. He also asked if there were long term maintenance issues. Mr. Howlett
stated that there have not been any problems with the trees or plaques.
Motion — It was moved by Commissioners Blakeley/Engel to recommend the
Memorial Tree Program Update for City Council Approval. Motion carried with
Commissioner Leidner abstaining.
057
Community Services Commission Minutes Novenwer 8, 2010
-3-
2. Consideration of Participation in Holiday Tree Lighting Ceremony and
Breakfast with Santa
Director Hylton presented the staff report.
Motion — It was moved by Commissioners Leidner/Lawrence to appoint
Commissioners Blakeley/Leidner to assist with the Tree Lighting Ceremony and
Commissioners Blakeley/Fitzpatrick to assist with Breakfast with Santa. Motion
carried unanimously.
3. Consideration of the Fred Wolff Bear Creek Nature Preserve Master Plan
Update
Director Hylton presented the staff report.
Ms. Barrows, Stewards of the Cove, spoke regarding the update and that many of
the recommendations are already in process.
Motion — It was moved by Commissioners Leidner/Lawrence to approve the Fred
Wolff Bear Creek Nature Preserve Master Plan Update. Motion carried
unanimously.
STUDY SESSION — None.
DEPARTMENT REPORTS
1. Department Report for October 2010
Due to the preparation time of the Department Report, the October 2010
Department Report will be included in the December 13, 2010 Commission packet.
COMMISSIONER ITEMS
Report from Commissioners Regarding Meetings Attended.
2. Calendar of Monthly Events
PUBLIC HEARING — None.
OPEN DISCUSSION
ADJOURNMENT
It was moved by Commissioners Lawrence/Leidner to adjourn the Community
Services Commission meeting at 6:41 p.m. Motion carried unanimously.
01 �58
'po.
Community Services Commission Minutes November &, 2010
-4-
NEXT MEETING INFORMATION:
A Regular Meeting of the Community Services Commission to be held on December
13, 2010 commencing at 5:30 p.m. in the City of La Quinta Study Session Room,
78-495 Calle Tampico, La Quinta, CA 92253.
Su bmitted by:
Angela Guereque IV
Community Services Senior Secretary
C cJ 0
Wa
Department Report: 1—A
a Q•
I�
s
y�c`"Si- OwSw
�OFWk
TO: The Honorable Mayor and Members of the City Council
FROM: Bret M. Plumlee, Assistant City Manager, Management Services`(
DATE: January 4, 2011
SUBJECT: Department Report — Response to Public Comment
The following public comment was made at the December 21, 2010 City Council
meeting:
1. Diane Stone, 57-539 Santa Rosa Trail, La Quinta, thanked the City Council
for their support of the Soldiers Organized Services (SOS) Foundation, which
provides transportation for military personnel from Palm Springs International
Airport to the Marine base at Twentynine Palms. Interested persons may
contact the organization at www.sosride.org.
"" 060
Department Report:
F
y``c`"� • ow5w
NOFT
TO: The Honorable Mayor and embers of the City Council
FROM: Douglas R. Evans
Assistant City Man er — Development Services
DATE: January 4, 2011
SUBJECT: Department Report Regarding an Update on the Coachella
Valley Economic Partnership
On June 3, 2010, the City Council considered the preliminary budget for
fiscal year 2010-11, which included a $25,000 investment in the Coachella
Valley Economic Partnership ("CVEP"). The City Council approved an
additional $25,000 for CVEP when it approved the final 2010-11 budget on
July 6, 2010, with the requirement that a review of CVEP's activities be
brought to the Council in six months.
During the past six months, CVEP has been working to implement its
Economic Blueprint. CVEP's activities and accomplishments include:
President/Chief Executive Officer. Over the past year, CVEP has been
working to hire a new President/Chief Executive Officer. In February 2010,
a CEO Search Committee was formed, consisting of CVEP Board Members
Lee Morcus, Kathy DeRosa, Carolyn Stark, Dick Oliphant; retired executives
Paul Flask and Len Kapner; and Alliance Resource Consulting, an executive
search firm. The CEO Search Committee conducted a nationwide search,
receiving 49 applications. After an extensive interview process, the CEO
Search Committee selected Thomas Flavin to be the President/Chief
Executive Officer of CVEP, effective December 6, 2010. Mr. Flavin has an
extensive background in economic development, business development,
public/private partnerships, economic diversification, as well as experience in
city government. He has also served the City of Burbank on its Planning
Commission, as a Council Member, and as Mayor.
0 k. C 61
Valley -wide Business Visitation Survey. This past summer, CVEP, in
coordination with all Valley cities and Riverside County, received a grant to
conduct a Valley -wide business survey.
The survey was conducted by 30 college student interns participating in
CVEP's Career Pathways program, and was also available for completion on-
line. The survey has been completed and the results been compiled into a
comprehensive report, which is available on CVEP's website and in the City
Manager's office. As part of this effort, each city's survey results will be
segregated into separate reports, which will be completed this week. Of
approximately 220 businesses in La Quinta, 117 participated in the survey.
The La Quinta survey results will be distributed to the City Council as soon
as they are received by staff.
Workforce Excellence Programs. CVEP continues to have success with its
education programs, which are intended to prepare students for the
workplace. It was noted in the Business Visitation Survey that the Coachella
Valley lacks a skilled, well-educated workforce; therefore, CVEP has been
addressing this through its Workforce Excellence Programs, "Pathways to
Success" and "Career Pathways." Both programs have been awarded
numerous grants and are receiving national recognition. In 2010, the
"Pathways to Success" program awarded 311 scholarships, totaling over
$1.4M, to lower -income college -bound students. The "Career Pathways"
program mission is, "To create a college going culture and a vibrant economy
throughout the Coachella Valley by connecting education, business and
civic partners around the common goal of expanded opportunities for valley
students to access multiple pathways to college and career." This is
accomplished by linking all levels of education, both students and faculty,
with various industry clusters identified in the Blueprint (Healthcare, Arts &
Media, Environmental Technology), and the local business community to
create mentoring opportunities, internships, exposure to the workplace, and
motivation/marketing for Valley students to finish high school and pursue
higher education. According to CVEP, these programs have impacted over
2,000 area students and faculty members.
Marketing/Public Relations. CVEP hired Kiner Communications to assist with
its marketing and public relations efforts. Kiner helped CVEP develop a new
logo; created an updated and enhanced website; conducted public and media
relations campaigns; established a presence on Facebook; and issued
frequent press releases, which has resulted in increased media coverage.
CVEP's Economic Blueprint has also been placed on the Governor's Office of
Economic Development website, and, along with Los Angeles County, is one
of only two economic plans listed under the category of Strategic Plans for
Economic Development. "
p• 062
Clean Technology. CVEP attends several strategic trade shows throughout
the year to promote the Coachella Valley to many types of businesses, with
a strong focus on clean technology. CVEP hosts a monthly Renewable
Energy Roundtable, which has grown from only four to over 80 participants
in the past year.
In late November 2010, CVEP's Director of Operations, Wesley Ahlgren, was
invited to be a member of the U.S. trade delegation attending the 24' annual
Pollutec Show in Lyon, France. This is the largest international trade show
for the clean technology sector. Mr. Ahlgren was the only delegate from
California and reports the mission was very successful - he is currently
following up on contacts and prospects. He also noted there was strong
interest in the Valley's tourism and agriculture sectors.
Other Activities, Approximately 750 people attended CVEP's Annual
Economic Summit to hear an update on CVEP, listen to Dr. John Husing's
economic forecast, and hear Todd Bucholtz, former White House Director of
Economic Policy, speak about the national economy.
CVEP's Legislative Committee reviews various bills and measures that might
affect the Coachella Valley and economic development, and then brings
significant issues to the CVEP Board for consideration. The CVEP Board
adopted a Resolution of Support for Proposition 22 on the November 2010
ballot and sent a letter of support to Californians to Protect Local Taxpayers
and Vital Services Coalition.
CVEP continues its efforts to attract, retain, and expand business to meet
the Blueprint goal of economic diversification. It acts as an information
clearinghouse, providing data to domestic and foreign businesses looking to
expand or relocate; and provides information resources for existing and new
businesses. CVEP has also partnered with the Palm Springs Desert Resorts
Convention and Visitors Authority to expand its reach and leverage
resources.
Mr. Thomas Flavin will be at today's meeting and will speak briefly to
CVEP's accomplishments and plans for the year ahead.
a. C63
DEPARTMENT REPORT: -3-A
�a�Q•c
OF
TO: The Honorable Mayor and Members of the City Council
FROM: Veronica J. Montecino, CMC, City Clerk M
DATE: January 4, 2011
SUBJECT: Request for Direction Regarding an Investment Advisory Board
(IAB) Vacancy
On December 15, 2010, the City received a letter of resignation (Attachment
No. 1) from Investment Advisory Board Member Randy Rassi, whose term
was scheduled to expire June 30, 2011.
The City Clerk Department will be conducting the annual recruitment of
applicants for all City Boards, Committees and Commissions in May to fill
scheduled vacancies for terms expiring June 30, 2011. Mr. Rassi's term is
the only IAB term scheduled to expire at that time. Applications for all
Boards, Committees and Commissions are anticipated to be presented to the
City Council for consideration of appointment at the June 7, 2011 meeting.
Staff is requesting direction from the City Council regarding recruitment of
the unexpired vacancy on the Investment Advisory Board.
ATTACHMENT 1
December 15, 2010
Honorable Mayor Don Adolph
And Members of the City Council
City of La Quinta
Dear Mayor and City Council:
After considerable thought, my wife and I have sold our home in La Quinta and
will be moving back to the Los Angeles area to be closer to our two daughters
and four grandchildren.
Therefore, I hereby tender my resignation from the Investment Advisory Board,
effective immediately.
I wish to thank you and the members of the City Council for placing your trust in
my abilities to assist you in safeguarding the City's financial resources, while
obtaining the best possible rate of return. It was also my pleasure and honor to
have worked with the City Manager, Director of Finance and Finance Staff.
Sincerely,
Randy L. Rassi
Copy via e-mail:
City Manager
Director of Finance
P. " 065
COUNCILIRDA MEETING DATE: January 4, 2011
ITEM TITLE: Public Hearing to Consider Adoption of a
Resolution Approving a One -Year Extension of Time for
Village Use Permit 2007-039 to Construct Two, 7,045
Square Foot Office Buildings.
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution approving a one-year extension of time for Village Use Permit 07-039.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On May 6, 2008, the City Council called up the Planning Commission's approval of
Village Use Permit 2007-039, a request to construct two, 20 foot 6 inch high, single
story, 7,045 square foot commercial office buildings on two separate parcels adjacent to
Arnold Palmer's Restaurant (Attachments 1, 2, and 3).
The two proposed desert -contemporary buildings, referred to as "A and "B," are
identical in architectural details and materials, are consistent with the existing restaurant,
and are mirrored floor plans to one another. The major difference between the two
buildings is the reversed location of the shared restrooms and the location of the
individual tenant entrances. Mechanical equipment is located on the rooftop, screened
from view within a five foot sunken well. Building "B" overlooks the existing putting
066
green at the rear of the restaurant. Building A" is situated at the location of the existing
golf feature at the northeast corner of Avenue 52 and Desert Club Drive.
The project was conditioned to provide a shared day/night parking program involving a
reciprocal parking and access easement on the parcel map and a recorded covenant on
the title. As 30% of all general office parking spaces are required to be provided under a
trellis or carport structure, the applicants have proposed a minimalist carport structure to
be placed at the center of the main parking area.
City Council approved Village Use Permit 2007-039 during their May 20, 2008 meeting,
with the addition of a condition of approval requiring that the parking area located
between the restaurant and corner building "A" be kept open and available for general
use.
The applicant intends to utilize the proposed buildings for general business offices, but
with the shared parking agreement they may include medical office tenants. During the
hearings in April 2008, a portion of one of the two office buildings was proposed to be
utilized by the applicant, David Chapman Investments. No other office tenants have been
identified.
The Planning and Public Works Departments have requested some minor additions be
made to the existing Conditions of Approval regarding updated requirements for Water
Quality Management Plans along with some minor procedural modifications. These
proposed additions have been forwarded to the applicant and are underlined in the
attached Conditions of Approval. Any changes or additions imposed on projects
requesting a time extension require the consent and approval of the applicant.
Public Notice
This appeal was advertised in The Desert Sun newspaper on December 23, 2010. All
property owners within 500 feet of the site were mailed a copy of the public hearing
notice as required by the La Quinta Municipal Code. As of this writing, no comments
have been received.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution approving a one-year extension of time commencing from the
expiration date of April 22, 2010; or
2. Provide staff with alternative direction.
Respectfully submitted,
Les Johnson,
Planning Director
Approved for submi sion by:
Thomas P. Genovese, City Manager
Attachments: 1. Village Use Permit 07-039 Architectural Exhibits (Council Only)
2. Village Use Permit 07-039 Large -Format Site Plans (Council Only)
3. Planning Commission Staff Report of April 22, 2008
0 063
RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING A ONE-YEAR TIME
EXTENSION OF A VILLAGE USE PERMIT FOR TWO 7,045
SQUARE FOOT OFFICE BUILDINGS WITHIN THE VILLAGE
COMMERCIAL DISTRICT
CASE NO.: VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1
APPLICANT: DAVID CHAPMAN INVESTMENTS
WHEREAS, the City Council of the City of La Quinta, California, did on
the 41h day of January, 2011, hold a duly noticed Public Hearing to consider the
request of David Chapman Investments for a one-year extension of time of a Village
Use Permit to allow the construction of landscaping and architecture for two 7,045
square foot office buildings on the northeast corner of Avenue 52 and Desert Club
Drive more particularly described as:
LOT 2 AND 3 OF PARCEL MAP 35900
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 22nd day of April, 2008, adopt Resolution 2008-014, approving Village Use
Permit 2007-039, subject to Conditions; and,
WHEREAS, the City Council of the City of La Quinta, California did, on
the 20th day of May, 2008, approve a motion to uphold the decision of the Planning
Commission, approving Village Use Permit 2007-039, subject to Conditions; and,
WHEREAS, said Village Use Permit has complied with the requirements
of the "Rules to Implement the California Environmental Quality Act of 1970" as
amended (Resolution 83-63), in that the Planning Department has determined that
Village Use Permit 2007-039 is exempt from CEQA review under Guidelines Section
15332 (Infill Development); and,
WHEREAS, the Planning Department published the public hearing notice
in The Desert Sun newspaper on the 23rd day of December, 2010, as prescribed by the
Municipal Code. Public hearing notices were also mailed to all property owners within
500 feet of the site; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the City
Council did make the following mandatory findings to justify approval of a one-year
extension of time for said Village Use Permit:
p. C.69
Resolution 2011-
Village Use Permit 2007-039
January 4, 2011
Page 2 of 4
A one-year extension of time is warranted because the findings as noted below
can still be made and apply to this request.
2. No changes have been made to this Village Use Permit from its original approval
and no new or changed environmental considerations exist.
3. The proposed Village Use Permit is consistent with the General Plan, in that the
proposed general office uses are permitted in the General Plan for within the
Village Commercial land use designation. The property is designated Village
Commercial which allows a variety of uses including office commercial and
general business. The Land Use Element of the General Plan encourages
commercial developments throughout the City. This project is consistent with
the goals, policies and intent of the La Quinta General Plan.
4. The proposed Village Use Permit is consistent with the requirements of the
Zoning Code, in that it will provide uses consistent with those permitted in the
Village Commercial district, and meets the development standards of this
district. The development of the project, as conditioned, will be compatible
with the surrounding area.
5. The proposed Village Use Permit complies with the requirements of the "Rules
to Implement the California Environmental Quality Act of 1970," as amended
(City Council Resolution 83-63), insofar as it has been determined that the
project is exempt from CEQA review under Section 15332, Infill Development,
and a Notice of Exemption was filed on April 25, 2008.
6. Approval of the proposed Village Use Permit will not create conditions materially
neither detrimental to the public health, safety and general welfare, nor injurious
to or incompatible with other properties or land uses in the vicinity, insofar as
adjacent properties are in the Village Commercial, Low -Density Residential, and
Medium -Density Residential districts. The project will not contribute to a
decline of the existing health and safety conditions and has been designed and
conditioned to provide safe and adequate paths of travel, appropriate safety and
security lighting, and protect and retain on -site stormwater. The project has
been reviewed by the appropriate responsible agencies for health, welfare, and
safety issues, with none identified.
7. The architectural design aspects of the proposed Village Use Permit, including,
but not limited to architectural style, scale, building mass, building height,
M,11 070
Resolution 2011-
Village Use Permit 2007-039
January 4, 2011
Page 3 of 4
materials, colors, architectural detailing, roof style and other elements are
compatible with surrounding development, and quality of design illustrated in
the Village at La Quinta Design Guidelines, and with the overall design quality
found in the City in that it incorporates a desert modern theme with
architectural features such as clay tile, decorative pavers, stone facades, and
stucco painted with a desert compatible palate.
8. The site design aspects of the proposed Village Use Permit, including, but not
limited to project entries, parking provisions, interior circulation, vehicular
access, pedestrian and bicycle access, pedestrian amenities, screening, outdoor
lighting, and other elements, are compatible with surrounding development and
quality of design illustrated in the Village at La Quinta Design Guidelines, and
with the overall quality of design found in the City. The proposed project is
suitable for the proposed site as designed in that adequate provisions have been
made such as rooftop utility wells to screen mechanical equipment, pedestrian
connectivity between buildings, landscaping to screen undesirable views and
sufficient vehicular circulation to access and accommodate the intended uses.
9. The project landscaping for the proposed Village Use Permit including, but not
limited to location, size, type and coverage of plant materials, has been
designed to provide visual relief, unify and enhance visual continuity of the site
with the surrounding developments, compliment the project and existing
restaurant, improve water efficiency, and be consistent with the concepts in the
Village at La Quinta Design Guidelines.
10. With the conditions of approval for the shared parking and access easement
agreement and recorded covenant for the shared day -night use of the facility
between the office buildings and restaurant, the proposed Village Use Permit
will not result in a significant impact on parking and traffic within the project
site or the surrounding area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
That the above recitations are true and constitute the findings of the City
Council in this case.
2. That it does hereby approve a one-year extension of time for Village Use Permit
2007-039 for the reasons set forth in this Resolution and subject to the
attached conditions of approval.
Resolution 2011-
Village Use Permit 2007-039
January 4, 2011
Page 4 of 4
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council, held on the 4`h day of January 2011, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
VERONICA MONTECINO, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
w.-O 072
CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1
DAVID CHAPMAN INVESTMENTS
DECEMBER 21, 2010
GENERAL
1. The applicant agrees to defend, indemnify, and hold harmless the City of La
Quinta (the "City"), its agents, officers and employees from any claim, action or
proceeding to attack, set aside, void, or annul the approval of this Village Use
Permit. The City shall have sole discretion in selecting its defense counsel. The
City shall promptly notify the developer of any claim, action or proceeding and
shall cooperate fully in the defense.
2. This Village Use Permit shall comply with the requirements of the La Quinta
Municipal Code, Village Use Permit VUP 00-004, and Tentative Parcel Map
35900.
The City of La Quinta's Municipal Code can be accessed on the City's Web Site
at www.la-guinta.org.
3. This Village Use Permit is valid for one year from April 22, 2010, expiring on
April 23, 2011 unless an extension is applied for and granted by the Citl
Council pursuant to Section 9.200.080 of the La Quinta Municipal Code.
4. Prior to issuance of any permit by the City, the applicant shall obtain the
applicable permits and/or clearances from the following agencies:
Riverside County Fire Marshal
Public Works Department (Grading Permit, Green Sheet (Public
Works Clearance) for Building Permits, Water Quality Management
Plan (WQMP), Improvement Permit)
Planning Department
Riverside Co. Environmental Health Department
Desert Sands Unified School District
Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
(,N13
CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1
DAVID CHAPMAN INVESTMENTS
DECEMBER 21, 2010
California Regional Water Quality Control Board (CRWQCB)
• Sun Line Transit Agency
• State Water Resources Control Board
• South Coast Air Quality Management District Coachella Valley
(SCAQMD)
The applicant is responsible for all requirements of the permits and/or
clearances from the above listed agencies. When the requirements include
approval of improvement plans, the applicant shall furnish proof of such
approvals when submitting those improvements plans for City approval.
5. A California Construction General Permit must be obtained by the applicant;
who then shall submit a copy of the Regional Water Quality Control Board's
("RWQCB") acknowledgment of the applicant's Notice of Intent ("NO[") and
Waste Discharger Identification (WDID) number, prior to the issuance of a
grading or building permit by the City.
The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit LQMC Sections 8.70.010 et seq. (Stormwater
Management and Discharge Controls) and 13.24.170 (Clean Air/Clean Water);
Riverside County Ordinance No 457• the California Regional Water Quality
Control Board — Colorado River Basin Region Board Order No. R7-2008-0001
and the State Water Resources Control Board's Order No. 2009 0009 DWQ.
A. For construction activities including clearing, grading or excavation of
land that disturbs one (1) acre or more of land, or that disturbs less than
one (1) acre of land, but which is a part of a construction project that
encompasses more than one (1) acre of land, the Permittee shall be
required to submit a Storm Water Pollution Protection Plan ("SWPPP").
The applicant or design professional can obtain the California Stormwater
Quality Association SWPPP template at www.cabmphandbooks.com for
use in their SWPPP preparation.
B. The applicant's SWPPP shall be approved by the City Engineer prior to
any on or off -site grading being done in relation to this project.
a Ci4
Ira
CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1
DAVID CHAPMAN INVESTMENTS
DECEMBER 21, 2010
C. The applicant shall ensure that the required SWPPP is available for
inspection at the project site at all times through and including
acceptance of all improvements by the City.
D. The applicant's SWPPP shall include provisions for all of the following
Best Management Practices ("BMPs") (LQMC Section 8.70.020
(Definitions)):
1) Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control.
3) Wind Erosion Control.
4) Tracking Control.
5) Non -Storm Water Management.
6) Waste Management and Materials Pollution Control.
E. All erosion and sediment control BMPs proposed by the applicant shall be
approved by the City Engineer prior to any onsite or offsite grading,
pursuant to this project.
F. The approved SWPPP and BMPs shall remain in effect for the entire
duration of project construction until all improvements are completed and
accepted by the City Council.
G. The inclusion in the Master Development Association's Conditions,
Covenants and Restrictions (CC&Rs) a requirement for the perpetual
maintenance and operation of all post -construction BMPs as required.
PROPERTY RIGHTS
6. Prior to issuance of any permit(s), the applicant shall acquire or confer
easements and other property rights necessary for the construction or proper
functioning of the proposed development. Conferred rights shall include
irrevocable offers to dedicate or grant access easements to the City for
emergency services and for maintenance, construction and reconstruction of
essential improvements. Said conferred rights shall also include grant of access
31$
-3-
CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1
DAVID CHAPMAN INVESTMENTS
DECEMBER 21, 2010
easement to the City of La Quinta for the purpose of graffiti removal by City
staff or assigned agent in perpetuity and agreement to the method to remove
graffiti and to paint over to best match existing. The applicant shall establish the
aforementioned requirements in the CC&R's for the development or other
agreements as approved by the City Engineer. Pursuant to the aforementioned,
the applicant shall submit and execute an "AUTHORIZATION TO REMOVE
GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works
Department Counter prior to Certificate of Occupancy.
7. The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins,
mailbox clusters, and common areas.
8. The applicant shall offer for dedication all public street right-of-ways in
conformance with the City's General Plan, Municipal Code, applicable specific
plans, and/or as required by the City Engineer.
A. PUBLIC STREETS
1) Avenue 52 (Primary Arterial, 1 10' ROW) — No additional right of
way is required from standard 55 feet from the centerline of
Avenue 52 for a total 110-foot ultimate developed right of way.
Future additional right of way may be required for deceleration
lane/s if necessary due to a future expansion of use, to be
determined by a traffic study prepared for the applicant by a
licensed traffic engineer per Engineering Bulletin # 06-13.The
traffic study shall include all buildings (preexisting restaurant and
proposed office buildings) as shown on the Tentative Parcel Map
35900.
2) Desert Club Drive (Local Street, 60' ROW) - No additional right of
way is required from standard 30 feet from the centerline of
Desert Club Drive for a total 60-foot ultimate developed right of
way.
9. The applicant shall furnish proof of easements, or written permission, as
appropriate, from those owners of all abutting properties on which grading,
retaining wall construction, permanent slopes, or other encroachments will
occur.
�16
-4- "
CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1
DAVID CHAPMAN INVESTMENTS
DECEMBER 21, 2010
10. The applicant shall cause no easement to be granted, or recorded, over any
portion of the subject property between the date of approval of this Village Use
Permit and the date of final acceptance of the on -site and off -site improvements
for this Village Use Permit, and as applicable under Tentative Parcel Map No.
35900, unless such easements are approved by the City Engineer.
11. The applicant shall create perimeter landscaped setbacks along all public rights -
of -way as follows:
a. Avenue 52 (Primary Arterial) — 20 feet from the right-of-way/property line.
The setback requirement shall apply to all frontages including, but not limited to,
reminder parcels, right-of-way reversions, and sites dedicated for utility
purposes.
Where public facilities (e.g. sidewalks) are placed on privately -owned setbacks,
the applicant shall offer for dedication blanket easements for those purposes.
12. The applicant shall provide for reciprocal access with all parcel owners within
this Village Use Permit across all access drives and parking aisles and stalls.
13. The applicant and property owner shall submit for review and approval by the
City Attorney and Planning Director, the following covenant, which the
applicant shall put into a recordable instrument and record on title to the
property prior to approval of final occupancy for any building in the event that
Parcel Map 35900 is not recorded. These limitations shall run with the land and
bind successive owners and assigns:
A. Buildings A and B are limited to general professional and medical office
uses that are open during normal daytime business hours. No primary
uses that are open during nighttime hours on a routine and regular basis
shall be permitted.
B. Parcel 1 is limited to weekends, weekday evenings, or on special
occasions with prior written consent of the City.
14. Any future modification to the operational covenants shall require the applicant
to submit a parking and traffic study identifying and demonstrating that
sufficient parking and access is available for such increased use. The Planning
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CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1
DAVID CHAPMAN INVESTMENTS
DECEMBER 21, 2010
Director shall approve the modifications prior to recording and have the
discretion to defer approval to the Planning Commission.
15. Uses other than general offices and medical offices are not permitted within the
proposed office buildings. Any proposed tenant uses which require
interpretation shall be reviewed and approved by the Planning Director.
16. The applicant shall comply with all Parking Lots and Access Driveway
Improvement conditions as specified in the approval for Tentative Parcel Map
No. 35900. In the event that said Tentative Parcel Map is invalidated, those
conditions shall continue to be valid and applicable for this Village Use Permit.
IMPROVEMENT PLANS
17. As used throughout these Conditions of Approval, professional titles such as
"engineer," "surveyor," and "architect' refer to persons currently certified or
licensed to practice their respective professions in the State of California.
18. Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and/or architects, as appropriate, and shall comply with the
provisions of Section 13.24.040 (Improvement Plans), LQMC.
19. The following improvement plans shall be prepared and submitted for review
and approval by the Public Works Department. A separate set of plans for each
line item specified below shall be prepared. The plans shall utilize the minimum
scale specified, unless otherwise authorized by the City Engineer in writing.
Plans may be prepared at a larger scale if additional detail or plan clarity is
desired. Note: the applicant may be required to prepare other improvement
plans not listed here pursuant to improvements required by other agencies and
utility purveyors.
A. On -Site Precise Grading/Storm Drain Plan 1 " = 30' Horizontal
(at the discretion of the City Engineer, a
Scale of 1 " = 20' shall be provided)
B. On -Site Sewer and Water Plan 1 " = 30' Horizontal
C. PM10 Plan 1" = 40' Horizontal
D. SWPPP 1" = 40' Horizontal
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CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1
DAVID CHAPMAN INVESTMENTS
DECEMBER 21, 2010
E. WQMP (Plan submitted in Report Form)
NOTE: A through E to be submitted concurrently.
F. Off -Site Street Improvement/Storm Drain Plan
1 " = 40' Horizontal, 1 " = 4' Vertical
Other engineered improvement plans prepared for City approval that are not
listed above shall be prepared in formats approved by the City Engineer prior to
commencing plan preparation.
Precise Grading plans shall normally include perimeter walls with Top Of Wall &
Top Of Footing, and finish grade (both sides of wall) elevations shown. All
footings shall have a minimum of 1-foot of cover, or sufficient cover to clear
any adjacent obstructions.
The applicant shall prepare an accessibility assessment on a marked up print of
the building floor plan identifying every building egress and notes the current
California Building Code accessibility requirements associated with each door.
The assessment must comply with submittal requirements of the Building &
Safety Department. A copy of the reviewed assessment shall be submitted to
the Public Works Department in conjunction with the Site Development Plan
when it is submitted for plan checking.
On -Site Precise Grading plans shall include all on -site surface improvements
including but not limited to finish grades for curbs & gutters, building floor
elevations, wall elevations, parking lot improvements and ADA requirements.
20. The City maintains standard plans, detail sheets and/or construction notes for
elements of construction which can be accessed via the Online Engineering
Library at the City website (www.la-guinta.org). Please navigate to the Public
Works Department home page and look for the Standard Drawings hyperlink.
21. The City maintains standard plans detail sheets and/or construction notes for
elements of construction which can be accessed via the ' Plans, Notes and
Design Guidance" section of the Public Works Department at the City website
(www la quinta org) Please navigate to the Public Works Department home
page and look for the Standard Drawings hyperlink.
0
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CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1
DAVID CHAPMAN INVESTMENTS
DECEMBER 21, 2010
22, The applicant shall furnish a complete set of the mylars of all approved
improvement plans on a storage media acceptable to the City Engineer.
Upon completion of construction the applicant shall furnish the City with
reproducible record drawings of all improvement plans which were approved by
the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or
"As -Constructed" and shall be stamped and signed by the engineer or surveyor
certifying to the accuracy and completeness of the drawings. The applicant
shall have all approved mylars previously submitted to the City, revised to
reflect the as -built conditions. The applicant shall employ or retain the Engineer
Of Record during the construction phase of the project so that the EOR. can
make site visits in support of preparing As Built drawings. However, if
subsequent approved revisions have been approved by the City Engineer and
reflect said "As -Built" conditions the Engineer Of Record may submit a letter
attesting to said fact to the City Engineer in lieu of mylar submittal.
GRADING
23. Prior to any site grading or regrading that will raise or lower any portion of the
site by more than plus or minus five tenths of a foot (0.5') from the elevations
shown on the approved Site Development Permit site plan, the applicant shall
submit the proposed grading changes to the City Staff for approval by the City
Engineer.
24. The applicant shall comply with the provisions of Section 13.24.050 (Grading
Improvements, LQMC.
25. The applicant shall comply with all grading improvement conditions as specified
in the approval for Tentative Parcel Map No. 35900. In the event that said
Tentative Parcel Map is invalidated, those conditions shall continue to be valid
and applicable for this Village Use Permit.
26. Prior to occupancy of the project site for any construction, or other purposes,
the applicant shall obtain a precise grading permit approved by the City
Engineer.
27. To obtain an approved grading permit, the applicant shall submit and obtain
approval of all of the following:
0 080
CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1
DAVID CHAPMAN INVESTMENTS
DECEMBER 21, 2010
A. A precise grading plan prepared by a qualified engineer or architect,
B. A preliminary geotechnical ("soils") report prepared by a qualified
engineer, and
C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16
(Fugitive Dust Control), LQMC.
D. A Best Management Practices report prepared in accordance with
Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit
and Storm Management and Discharge Controls), LQMC.
All grading shall conform to the recommendations contained in the
Preliminary Soils Report, and shall be certified as being adequate by a soils
engineer, or by an engineering geologist.
The applicant shall furnish security, in a form acceptable to the City, and in
an amount sufficient to guarantee compliance with the approved Fugitive
Dust Control Plan provisions submitted with its application for a grading
permit.
28. The applicant shall maintain all open graded, undeveloped land in order to
prevent wind and/or water erosion of such land. All open graded, undeveloped
land shall either be planted with interim landscaping, or stabilized with such
other erosion control measures, as were approved in the Fugitive Dust Control
Plan.
29. Prior to the issuance of a building permit for any building lot, the applicant shall
provide a lot pad certification stamped and signed by a qualified engineer or
surveyor.
DRAINAGE
30. The applicant shall comply with all drainage improvements conditions as
specified in the approval for Tentative Parcel Map No. 35900. Additionally, the
applicant shall update the hydrology report prepared for Tentative Parcel Map
No 35900 and/or this Village Use Permit per Engineering Bulletin #06-15 and
Engineering Bulletin #06-16 and as approved by the City Engineer.
d 081
M
CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1
DAVID CHAPMAN INVESTMENTS
DECEMBER 21, 2010
31. Pursuant to the aforementioned, the applicant shall comply with the provisions
of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria,
Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic
Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-15 -
Underground Retention Basin Design Requirements. More specifically,
stormwater falling on site during the 100 year storm shall be retained within the
development, unless otherwise approved by the City Engineer. The design storm
shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the
greatest total run off. Nuisance water shall be retained on site and disposed of
in a manner acceptable to the City Engineer.
32. The applicant shall comply with applicable provisions for post construction
runoff per the City's NPDES stormwater discharge permit, LQMC Sections
8.70.010 et seq. (Stormwater Management and Discharge Controls), and
13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and
the California Regional Water Quality Control Board - Colorado River Basin
(CRWQCB-CRB) Region Board Order No. 137-2008-001.
A. For post -construction urban runoff from New Development and
Redevelopments Projects, the applicant shall implement requirements of
the NPDES permit for the design, construction and perpetual operation
and maintenance of BMPs per the approved Water Quality Management
Plan (WQMP) for the project as required by the California Regional Water
Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region
Board Order No. R7-2008-001.
B. The applicant shall implement the WQMP Design Standards per
(CRWQCB-CRB) Region Board Order No. R7-2008-001 utilizing BMPs
approved by the City Engineer. A project specific WQMP shall be
provided which incorporates Site Design and Treatment BMPs utilizing
first flush infiltration as a preferred method of NPDES Permit Compliance
for Whitewater River receiving water, as applicable.
33. The developer shall execute and record a Stormwater Management/BMP
Facilities Agreement that provides for the perpetual maintenance and operation
of stormwater BMPs.
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CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1
DAVID CHAPMAN INVESTMENTS
DECEMBER 21, 2010
1rmMI9.4
34. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities),
LQMC.
35. The applicant shall obtain the approval of the City Engineer for the location of all
utility lines within any right-of-way, and all above -ground utility structures
including, but not limited to, traffic signal cabinets, electric vaults, water valves,
and telephone stands, to ensure optimum placement for practical and aesthetic
purposes.
36. Existing overhead utility lines within, or adjacent to the proposed development,
and all proposed utilities shall be installed underground.
37. Underground utilities shall be installed prior to overlying hardscape. For
installation of utilities in existing improved streets, the applicant shall comply
with trench restoration requirements maintained, or required by the City
Engineer.
STREET AND TRAFFIC IMPROVEMENTS
38. The applicant shall comply with all Street and Traffic Improvement conditions as
specified in the approval for Tentative Parcel Map No. 35900.
39. The applicant shall construct the following street improvements to conform with
the General Plan (street type noted in parentheses.)
A. OFF -SITE STREETS
a) A deceleration/right turn only lane at Avenue 52 Primary
Entries may be necessary in the event of any future
expansion of use, if determined by a traffic study prepared
for the applicant by a licensed traffic engineer per
Engineering Bulletin # 06-13. The traffic study shall include
all buildings (preexisting restaurant and proposed office
buildings) as shown on the Tentative Parcel Map 35900.
Other improvements in the Avenue 52 right-of-way and/or adjacent
landscape setback area may include:
083
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CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1
DAVID CHAPMAN INVESTMENTS
DECEMBER 21, 2010
b) All appurtenant components such as, but not limited to:
strip traffic control striping, re -striping Class II Bike Lane,
legends, and signs.
c) Class I Golf Cart Path as needed.
40. The applicant shall design street pavement sections using CalTrans' design
procedure for 20-year life pavement, and the site -specific data for soil strength
and anticipated traffic loading (including construction traffic). Minimum
structural sections shall be as follows:
Local Streets 3.0" a.c./4.5" c.a.b.
Primary Arterial 4.5" a.c./6.0" c.a.b.
Or the City Engineer approved equivalents of alternate materials.
41. The applicant shall submit current mix designs (less than two years old at the
time of construction) for base, asphalt concrete and Portland cement concrete.
The submittal shall include test results for all specimens used in the mix design
procedure. For mix designs over six months old, the submittal shall include
recent (less than six months old at the time of construction) aggregate gradation
test results confirming that design gradations can be achieved in current
production. The applicant shall not schedule construction operations until mix
designs are approved.
42. General access points and turning movements of traffic are limited to the
following:
A. Avenue 52
Existing drive entrance to Restaurant. Right turn in and out movements
are permitted. Left in and out are not permitted.
Existing easterly drive entrance (may be relocated +/- 70 feet east).
Right turn in and out are permitted; however, left turns in and out are
prohibited.
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CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1
DAVID CHAPMAN INVESTMENTS
DECEMBER 21, 2010
B. Desert Club Drive
1) Primary Entry: Full turn movements are permitted.
The applicant shall extend improvements beyond the subdivision boundaries
to ensure they safely integrate with existing improvements (e.g., grading;
traffic control devices and transitions in alignment, elevation or dimensions of
streets and sidewalks).
43. Improvements shall be designed and constructed in accordance with City
adopted standards, supplemental drawings and specifications, or as approved by
the City Engineer. Improvement plans for streets, access gates and parking
areas shall be stamped and signed by qualified engineers.
LANDSCAPE AND IRRIGATION
44. The turf area located at the corner of Desert Club Drive and Avenue 52 shall
either be replaced with desert appropriate landscaping or artificial turf, as
approved by the Planning Director.
45. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks),
13.24.140 (Landscaping Plans), & Section 8.13 (Water -Efficient Landscaping),
LQMC.
46. The applicant shall provide landscaping in the required setbacks and perimeter
areas.
47. Landscape and irrigation plans for landscaped lots, perimeter areas and setbacks
shall be signed and stamped by a licensed landscape architect.
48. Final landscaping and irrigation plans shall be prepared by a licensed landscape
professional, shall be reviewed by the ALRC and Public Works Director, and
approved by the Planning Director prior to issuance of the first building permit.
An application for Final Landscape Plan Check shall be submitted to the Planning
Department for final landscape plan review. Said plans shall include all
landscaping associated with this project, including perimeter landscaping, and
be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the
Municipal Code and the Coachella Valley Water District's Landscaping and
Irrigation Design Ordinance. The landscape and irrigation plans shall be approved
by the Coachella Valley Water District and Riverside County Agriculture
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CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1
DAVID CHAPMAN INVESTMENTS
DECEMBER 21, 2010
Commissioner prior to submittal of the final plans to the Planning Department.
Landscape areas shall have permanent irrigation improvements meeting the
requirements of the Planning Director.
Note: Final landscaping plans are not approved for construction until approved
and signed by the Planning Director.
49. Landscape areas shall have permanent irrigation improvements meeting the
requirements of Section 8.13 LQMC. Use of lawn areas shall be minimized with
no lawn, or spray irrigation, being placed within 24 inches of curbs along public
streets.
50. The applicant or his agent has the responsibility for proper sight distance
requirements per guidelines in the AASHTO "A Policy on Geometric Design of
Highways and Streets; 5Lh Edition or latest, in the design and/or installation of all
landscaping and appurtenances abutting and within the private and public street
right-of-way.
51. Mechanical equipment shall be screened by a wall, landscaping with significant
foliage, or combination of the two, of a sufficient height and/or density to fully
screen such equipment. Final design of all screening shall be reviewed and
approved by the Planning Director.
52. Should any landscaping utilized for screening purposes be deemed insufficient
by the Planning Director following an initial period of growth, the applicant shall
replace or provide additional landscaping with significant foliage.
OUTDOOR LIGHTING
53. Exterior lighting shall comply with Section 9.100.150 (Outdoor Lighting) of the
La Quinta Municipal Code. A bulb refractor or dimmer shall be utilized with the
proposed lantern fixtures if deemed necessary by staff. All relocated
freestanding lighting within the parking lot shall not exceed the height of
existing fixtures and shall be re -fitted with a visor if deemed necessary by staff.
54. All outdoor lighting fixtures shall be fitted with a visor or shield to reflect
lighting away from adjacent residences. Final outdoor lighting design shall be
reviewed and approved by the Planning Director.
a< 086
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CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1
DAVID CHAPMAN INVESTMENTS
DECEMBER 21, 2010
CONSTRUCTION
55. The City will conduct final inspections of buildings only when the buildings have
improved street and (if required) sidewalk access to publicly -maintained streets.
The improvements shall include but not limited too required traffic control
devices, pavement markings and street name signs. If Onsite Street and/or
parking construction in commercial development is initially constructed with
partial pavement thickness, the applicant shall complete the final pavement prior
to final inspections of the building/s within the development or when directed by
the City, whichever comes first.
56. All rooftop air conditioning/mechanical equipment shall be completely screened
from view within the rooftop well.
57. The design of the carports shall be submitted to, and approved by, the Planning
Director and shall be consistent with the design elements of the restaurant and
office buildings.
MAINTENANCE
The applicant shall comply with the provisions of Section 13.24.160 (Maintenance),
LQMC.
58. The applicant shall comply with the provisions of Section 13.24.160
(Maintenance), LQMC.
59. The applicant shall make provisions for the continuous and perpetual
maintenance of all private on -site improvements, perimeter landscaping, access
drives, and sidewalks.
FEES AND DEPOSITS
60. The applicant shall comply with the provisions of Section 13.24.180 (Fees and
Deposits), LQMC. These fees include all deposits and fees required by the City
for plan checking and construction inspection. Deposits and fee amounts shall
be those in effect when the applicant makes application for plan check and
permits.
-15- 0B7
CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1
DAVID CHAPMAN INVESTMENTS
DECEMBER 21, 2010
FIRE PROTECTION
61. Provide or show there exists a water system capable of delivering a fire flow
4000 gallons per minute for a two hours duration at 20 psi residual operating
pressure, which must be available before any combustible material is placed on
the construction site.
62. Approved accessible on -site fire hydrants shall be located not to exceed 500
feet apart in any direction and within any portion of the facility or of an exterior
wall of the first story of the building is located more than 150 feet from fire
apparatus access roads measured.by an approved route around the complex,
exterior of the facility or building, and no portion of a building further than 600
feet from a fire hydrant. Fire hydrants shall provide the required fire flow.
63. Prior to building plan approval and construction, applicant/developer shall furnish
two copies of the water system fire hydrant plans to Fire Department for review
and approval. Plans shall be signed by a registered civil engineer, and shall
confirm hydrant type, location, spacing, and minimum fire flow. Once plans are
signed and approved by the local water authority, the originals shall be
presented to the Fire Department for review and approval.
64. Prior to issuance of building permits, the water system for fire protection must
be provided as approved by the Fire Department and the local water authority.
65. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on
private streets, public streets and driveways to indicated location of the fire
hydrant. It should be 8 inches from centerline to the side that the fire hydrant is
on, to identify fire hydrant locations.
66. Fire Apparatus access road shall be in compliance with the Riverside County Fire
Department Standard number 06-05 (located at www.rvcfire.org)• Access
lanes will not have an up, or downgrade of more than 15%. Access roads shall
have an unobstructed vertical clearance not less than 13 feet and 6 inches.
Access lanes will be designed to withstand the weight of 80 thousand pounds
over 2 axles. Access will have a turning radius capable of accommodating fire
apparatus. Access lane shall be constructed with a surface so as to provide all
weather driving capabilities.
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CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1
DAVID CHAPMAN INVESTMENTS
DECEMBER 21, 2010
67. Dead-end fire apparatus access roads in excess of 150 feet in length shall be
provided with approved provision for the turn around capabilities of fire
apparatus.
68. Driveway loops, fire apparatus access lanes and entrance curb radius should be
designed to adequately allow access of emergency fire vehicles. The applicant
or developer shall include in the building plans the required fire lanes and include
the appropriate lane printing and/or signs.
69. An approved Fire Department access key lock box (Minimum Knox Box 3200
series model) shall be installed next to the approved Fire Department access
door to the building. If the buildings are protected with an alarm system, the
lock box shall be required to have tampered monitoring. Required order forms
and installation standards may be obtain at the Fire Department.
70. Display street numbers in a prominent location on the address side of building(s)
and/or rear access if applicable. Numbers and letters shall be a minimum of 12"
in height for building(s) up to 25' in height. In complexes with alpha
designations, letter size must match numbers. All addressing must be legible, of
a contrasting color, and adequately illuminated to be visible from street at all
hours.
71. Install a complete commercial fire sprinkler system (per NFPA 13 1999 Edition).
Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require
the project Structural Engineer to certify with a "wet signature", that the
structural system is designed to support the seismic and gravity loads to
support the additional weight of the sprinkler system. All fire sprinkler risers
shall be protected from any physical damage. The PIV and FCD shall be located
to the front, within 25 to 50 feet of hydrant, and a minimum of 25 feet from
the building(s). Sprinkler riser room must have indicating exterior and/or interior
door signs. A C-16 licensed contactor must submit plans, along with current
$307.00 deposit based fee, to the Fire Department for review and approval prior
to installation. Guideline handouts are available for the Fire Department.
72. Install an alarm monitoring system for fire sprinkler system(s) with 100 or more
heads (20 or more in Group I, Division 1.1 and 1.2 occupancies). Valve
monitoring, water -flow alarm and trouble signals shall be automatically
transmitted to an approved central station, remote station or proprietary
monitoring station in accordance with 2001 CBC, Sec. 904.3.1. An approved
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CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1
DAVID CHAPMAN INVESTMENTS
DECEMBER 21, 2010
audible sprinkler flow alarm shall be provided on the exterior in an approved
location and also in the interior in a normally occupied location. A C-10 licensed
contractor must submit plans designed in accordance with NFPA 72, 1999
Edition, along with the current $192.00 deposit based fee, to the Fire
Department for review and approval prior to installation. Guideline handouts are
available from the Fire Department.
73. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every
3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be
mounted 3.5 to 5 ft above finished floor, measured to the top of the
extinguisher. Where not readily visible, signs shall be posted above all
extinguishers to indicate their locations. Extinguishers must have current CSFM
service tags affixed.
74. A UL 300 hood/duct fire extinguishing system must be installed over the
cooking equipment. The extinguishing system must automatically shutdown
gas and /or electricity to all cooking appliances upon activation. A C-16
licensed contractor must submit plans, along with the current permit fee, to the
Fire Department for review and approval prior to installation. Alarm system
supervision is only required if the building has an existing fire alarm system.
75. No hazardous materials shall be stored and/or used within the building, which
exceeds quantities listed in UBC Table 3-D and 3-E. No class I, II or IIIA of
combustible/flammable liquid shall be used in any amount in the building.
76. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path
marking shall be installed per the 2001 California Building Code.
77. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on
outside of door.
78. Access shall be provided to all mechanical equipment located on the roof as
required be the Mechanical Code.
79. Air handling systems supplying air in excess of 2000 cubic feet per minute to
enclosed spaces within buildings shall be equipped with an automatic shutoff.
Ref CMC 609.0
80. Gate(s) shall be automatic or manual operated. Install Knox key operated
switches, series KS-2P with dust cover, mounted per recommended standard of
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CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2007-039; TIME EXTENSION No.1
DAVID CHAPMAN INVESTMENTS
DECEMBER 21, 2010
the Knox Company. Building plans shall include mounting location/position and
operating standards for Fire Department approval. Special forms are available
from this office for ordering the Key Switch.
POLICE DEPARTMENT
81. The applicant shall provide a fence with locked gate to store all building
materials during construction. This area shall be shown on the Fugitive Dust
Control Plan.
GENERAL
82. A minute order by the City Council during their May 20, 2008 call-up review of
the project, adding the following condition to the Planning Commission's
approval: The 29 new parking spaces located between Building "A" and the
existing restaurant shall remain open and available for general customer use.
-19- •a. • �91
ATTACHMENT # 3
STAFF REPORT
PLANNING COMMISSION
DATE: APRIL 22, 2008
CASE NO: TENTATIVE PARCEL MAP 35900 &
VILLAGE USE PERMIT 2007-039
APPLICANT: PREST VUKSIC ARCHITECTS
PROPERTY OWNER: DAVID CHAPMAN INVESTMENTS, LLC
REQUESTS: 11 CONSIDERATION OF THE SUBDIVISION OF ONE
PARCEL INTO THREE PARCELS
2) CONSIDERATION OF ARCHITECTURE AND
LANDSCAPING PLANS FOR TWO, 7,045 SQUARE
FOOT, SINGLE STORY OFFICE BUILDINGS
ENGINEER: ESSI ENGINEERING
LANDSCAPE
ARCHITECT: RGA LANDSCAPE ARCHITECTS
LOCATION: NORTHEAST CORNER OF AVENUE 52 & DESERT CLUB
DRIVE
ENVIRONMENTAL
CONSIDERATION: THE LA QUINTA PLANNING DIRECTOR HAS
DETERMINED THAT THESE PROJECTS ARE EXEMPT
FROM CEQA REVIEW UNDER GUIDELINES SECTION
15332 (INFILL DEVELOPMENT)
GENERAL PLAN
DESIGNATION: VC (VILLAGE COMMERCIAL)
ZONING: VC (VILLAGE COMMERCIAL)
SURROUNDING
LAND USES: NORTH - VC/ VACANT AND RL/ EXISTING RESIDENTIAL
SOUTH - AVENUE 52/ RL/ EXISTING RESIDENTIAL
EAST - RL/ RM/ EXISTING RESIDENTIAL
WEST - DESERT CLUB DRIVE/ VC/ EXISTING OFFICE
BUILDINGS
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BACKGROUND:
The Village Use Permit for the existing Arnold Palmer's Restaurant (VUP 00-004)
was originally approved by Planning Commission on January 23, 2001. Palmer's
Restaurant has been in operation since 2003 and is located on a 4.97 t acre parcel
at the northeast corner of Avenue 52 and Desert Club Drive. Palmer's Restaurant is
closed for lunch and provides valet parking during operational hours in the evening.
On April 11, 2006, the Planning Commission conducted a public hearing and
considered a proposal to construct a 13,171 square foot, two-story office building
at this site, located on the corner of Avenue 52 and Desert Club Drive. At the
hearing, there were a number of concerns presented by residents living in the
neighborhood to the north of the project site. The item was continued until May 9,
2006 to allow the applicants to perform a sight -line and view study. Due to
neighbors' concerns over building height, scale, and massing, the Planning
Commission voted to take the project off -calendar during their May 9, 2006 meeting
so that the applicants could revise the two-story building. The application was later
withdrawn by the applicant.
In preparation of a new application submittal, a neighborhood meeting was held on
November 20', 2007 in the La Quinta Library's multi -purpose room, hosted by the
project architect to discuss the proposed new office building design. Only one
resident attended the two-hour event. Two other residents who were unable to
attend later reviewed the plans at the Planning Department.
PROPOSAL:
Tentative Parcel Map 35900 Request
The first portion of this proposal involves the division of the Palmer's Restaurant
property into a three -parcel layout (Attachment 1). Parcel 1, the location of the
existing restaurant and majority of the parking area, is proposed at 3.37 acres in
size. Parcels 2 and 3, the locations of the two proposed office buildings, are 1 acre
and .61 acre in size respectively. While the Village Commercial (VC) zoning district
has no specific. frontage or lot standards, the proposed Tentative Parcel Map
accommodates the required Municipal Code standards regarding building setbacks
from adjacent zoning and rights -of -way.
Parcel 1 follows the existing site plan of Palmer's Restaurant and accommodates
the existing porte-cochere, building, and parking. This property line configuration
does not conflict with the proposed office buildings, proposed parking, and
driveways for the office buildings. Reciprocal access and parking easements for
shared parking and access between all parcels have been identified on the plans
and are included in the recommended Conditions of Approval which will require the
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applicant to record a reciprocal access and parking agreement to run with the land
in a form and content satisfactory to the City Attorney. This reciprocal access and
parking agreement is in the same form as the previous Village Use Permit condition
proposed in April of 2006.
Office Buildings Proposal
The applicant is proposing to construct two, 20 foot 6 inch high, single story,
7,045 square foot commercial office buildings within the existing 4.97± acre
Palmer's Restaurant site (Attachment 2). The desert -contemporary buildings,
referred to as "A" and "B," have been designed to be consistent with the existing
Palmer's Restaurant. The buildings themselves are identical in architectural details
and materials and are mirrored floor plans to one another. The major difference
between the two buildings is the reversed location of the shared restrooms and
individual tenant entrances. Mechanical equipment will be located on the rooftop,
screened from view within a 5 foot sunken well. Both buildings will overlook
existing golf-themed landscaping features associated with the Arnold Palmer's
Restaurant, though the existing golf feature at the corner of Avenue 52 and Desert
Club Drive will be revised with a reduction in size.
Exterior building finish will consist of cement plaster with a smooth finish
complimented by a stack stone facade which, although not identical, is consistent
with the existing restaurant. Portions of the roof overhang will feature stained
timbers, designed to match the existing timbers of Palmer's Restaurant. Roofing
material will consist of mission -style boosted clay tile. Outdoor lighting fixtures
placed on the building will consist of lantern -type fixtures outfitted with a bulb
refractor and consistent with the existing restaurant.
The applicant has proposed constructing underground stormwater retention
chambers placed underneath the parking area. Public Works has reviewed but not
approved the final hydrology design, but does not foresee a conflict between the
proposed underground retention and the proposed site plan.
Setback, Height, and Bulk Regulations
The proposed building will meet the Village Commercial District's development
standards. The general roofline of both buildings will be 19 feet in height, with the
placement of a 6 foot deep center well for HVAC equipment. The roof peaks at the
ends of each building will measure 20 feet 6 inches in height.
Building A faces the southwestern corner of the project site, generally 105 feet
away from the corner of Desert Club Drive and Avenue 52. A 6 inch setback is
identified at Building A's closest point to the Desert Club Drive right-of-way, though
this west face of the building is not parallel to the street and the setback varies to 6
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feet due to the building's undulation. Along Avenue 52 the building is 20 feet at its
closest point from the right of way, complying with the 20 foot landscaping setback
required along this street frontage. The tenant entrances to Building A will be from
the interior parking area generally facing northeast.
The edge of Palmer's porte-cochere is approximately 75 feet from the closest point
of proposed office Building A. The exterior face of Palmer's Restaurant is located
approximately 112 feet away from Building A. The existing Palmer's Restaurant is
22 feet in height and has a small second story at the southwest corner used for
offices and storage.
On the eastern portion of the site, Building B is located 23 feet from Avenue 52 at
its closest point. Building B is about 75 feet at its closest point to the existing
restaurant and will share a view of the existing golf putting green landscaping
feature behind the restaurant. There is an existing landscaped berm along Avenue
52 which screens the rear of the restaurant and will screen a portion of the
proposed Building B. The tenant entrances to Building B are on the north face of the
building, adjacent to the existing parking lot.
In regards to the relationship to the surrounding properties, the two existing Vista
De Montana buildings across the street along Calle Amigo and Desert Club Drive are
34 feet 6 inches at their highest point with setbacks of 5 to 10 feet from the right
of way. Plaza De Barcelona, also across from Palmer's Restaurant on Desert Club
Drive, has a 2 foot setback from the right-of-way and a roofline 29 feet in height
with an architectural cupola at the corner measuring 32 feet in height. The proposed
Palmer's offices are architecturally similar to the nearby Vista De Montana buildings
in that they have a similar fagade and comparable use of stone veneer.
Landscaping Proposal
A water -efficient but compatible landscaping theme will be applied around the
perimeter of the proposed office buildings. The noted putting green and sand trap
features at the corner of Desert Club and Avenue 52 will be retained but redesigned
and reduced in size. Building B will share the existing golf landscaping feature
opposite from the restaurant's existing patio area. The landscaping plans have
identified flagstone pedestrian paths and bench seating outside both buildings. The
applicants. have identified California Pepper Trees, California Fan Palms, Date Palms,
Palo Verdes, Acacia Palo Blancos, and Heritage Live Oaks for the proposed tree
species. Shrubs include Bougainvilleas, Desert Spoons, Agaves, Red Yuccas,
Pineapple Guavas, and Dwarf Oleanders, among others. Decomposed granite has
been proposed for ground cover along the buildings' exterior. All existing landscaped
areas which will remain "as is" have not been identified on the landscaping plans.
With the addition of the two office buildings, the amount of turf will be reduced and
overall water consumption will decrease.
Parking Management Program
The existing Arnold Palmer's Restaurant currently has 152 parking spaces,
exceeding their required parking count by 28 parking spaces. With the two office
buildings the applicants have proposed a reconfiguration of the parking area,
providing a total of 176 parking spaces. With Buildings A and B calculated for
general office use, 180 parking spaces are required under the Parking Ordinance to
accommodate both the proposed office buildings and the restaurant. Additional
parking would be required if any of the proposed office building space were to be
used for medical offices.
As per LQMC section 9.150.060, thirty percent of the required spaces are to be
covered by a trellis or carport structure. The applicants have proposed placing two
of the required carports at the center of the existing parking lot, due to current ADA
regulations requiring access, rather than at the rear of the site. The applicants are
proposing a minimalist styled carport structure painted consistent with the buildings.
ANALYSIS:
Previous concerns with the original application for the office building focused on
mass, scale, and height. Area residents had concerns that the original two-story
office building was out of scale with the adjacent neighborhood and was placed too
close to Desert Club Drive. With this dual -building, single story proposal, these
aspects of the project are not anticipated to be an issue.
While the proposed office buildings' architecture has been well designed and readily
meets the Village Design Guidelines, it should be noted that the submitted proposal
approximates, rather than replicates, the architecture and design of the existing
Palmer's Restaurant. The existing stone veneer on the restaurant is more of a
random pattern with larger pieces rather than the horizontal flat -stone pattern
identified on the proposed buildings. The proposed tile roofing and building
materials' aesthetic compatibility was considered by the ALRC and recommended
for approval.
The proposed site plan will provide 176 parking spaces, 4 spaces short of the
required amount for combined restaurant and general office uses. As the Village
Commercial Ordinance allows some variation to the parking requirement, and the
fact that Palmer's Restaurant is closed during the day when the offices would be in
use, the applicants have identified a reciprocal parking and access easement on the
parcel map and agreed to enter into a shared day/night parking program.
The recommended parking program, as conditioned for both Tentative Parcel Map
35900 and the Village Use Permit, would require a covenant to be put into a
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recordable instrument and recorded on the title to the property prior to approval of
the final tentative map or final occupancy of the buildings if no map is ever
recorded. Parcels 2 and 3 would be limited to general office and medical uses during
weekday daytime operations when the restaurant is closed. Parcel 1, the existing
restaurant, would be limited to standard evening and weekend operations.
Should the restaurant wish to open for lunch in the future, a revised parking
management program has been recommended in the conditions of approval.
Updated traffic and parking studies would be required for submittal with the option
of forwarding the request to the Planning Commission. Additional parking and a
deceleration lane to accommodate the additional trip counts entering the site from
Avenue 52 may be deemed necessary by the required traffic and parking studies.
With the Director's approval, the recorded covenants could then be modified to
permit lunchtime operations.
As the restaurant does not experience substantial business activity until after 5pm,
a conflict between vehicles entering and exiting the site is not anticipated. Should
future parking issues arise, the valet parking system can be re-evaluated in order to
better accommodate the proposed office buildings and to better manage the
exchange of vehicles at the end of the business day.
With its trademark golf feature at the corner of Avenue 52 and Desert Club Drive,
Palmer's has become something of a landmark in La Quinta. The applicant proposes
to reduce the size of this golf feature but attempt to retain the same design and
character. The conceptual landscaping plans identify an area about the size of a
putting green but do not identify sand traps. Although the total landscaped area of
the site will be reduced and replaced with more water -efficient groundcover, staff
finds the proposed conceptual landscaping to be compatible with the existing golf
course -style landscaping. Staff and the ALRC will review the final design of this
golf feature and all landscaping replaced around the proposed buildings with the
final landscaping plans.
Architecture and Landscape Review Committee (ALRC) Action:
On February 6, 2008, the ALRC reviewed the project landscaping and building
architecture (Attachment 3). The Committee discussed the project's relationship to
the Village Design Guidelines, pedestrian walkability, and questioned the applicant
about integrating features like park benches into the site plan. Following a staff
report and discussion, the ALRC recommended the following provisions:
Final landscaping and irrigation plans shall be prepared by a licensed
landscape professional, shall be reviewed by the ALRC and Public Works
Director, and approved by the Planning Director prior to issuance of the first
building permit. An application for Final Landscape Plan Check shall be
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submitted to the Planning Department for final landscape plan review. Said
plans shall include all landscaping associated with this project, including
perimeter landscaping and be in compliance with Chapter 8.13 (Water
Efficient Landscaping) of the Municipal Code. The landscape and irrigation
plans shall be approved by the Coachella Valley Water District and Riverside
County Agriculture Commissioner prior to submittal of the final plans to the
Planning Department.
2. All air conditioning mechanical equipment shall be completely screened from
view within the rooftop well.
3. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor
Lighting) of the La Quinta Municipal Code. A bulb refractor or dimmer shall
be utilized with the proposed lantern fixtures if deemed necessary by staff.
All relocated freestanding lighting within the parking lot shall not exceed the
height of existing fixtures and shall be fitted with a visor if deemed
necessary by staff.
4. The design of the carports shall be submitted to, and approved by, the
Planning Director and shall be consistent with the design elements of the
existing restaurant and proposed office buildings.
On a 3-0 vote, the ALRC adopted Minute Motion 2008-009, recommending
approval of the proposed project subject to the above provisions.
PUBLIC NOTICE AND COMMENT:
This case was advertised in the Desert Sun newspaper on April 11, 2008. All
property owners within 500-feet of the site were mailed a copy of the public
hearing notice as required. Staff transmitted the applicant's request to all
responsible public agencies. Three residents who requested special notification
were emailed hearing notices and staff reports. No comments from the adjacent
residents or other members of the public have been received as of this report's
preparation. Any comments from public agencies have been included in the
recommended conditions of approval.
STATEMENT OF MANDATORY FINDINGS:
Based on the provisions of the General Plan, Zoning Code, and the Village at La
Quinta Design Guidelines, findings necessary to approve this proposal can be made
as noted in the attached Resolutions to be adopted for the project.
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RECOMMENDATION:
1. Adopt Planning Commission Resolution 2008-_, granting approval of
Tentative Parcel Map 35900; and,
2. Adopt Planning Commission Resolution 2008- , granting approval of
Village Use Permit 2007-039, subject to conditions as recommended by
staff.
Transmitted by:
An w J. Mogensen
Pri cipal Planner
Attachments:
1. Tentative Parcel Map 35900
2. Architectural Packet*
3. Minutes of the February 6, 2008 ALRC meeting
* A materials board will be available for viewing at the Planning Commission
meeting.
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COUNCIL/RDA MEETING DATE: January 4, 201 1
ITEM TITLE: Joint Public Hearing to Adopt a Resolution
Approving a Disposition and Development Agreement
Between the Redevelopment Agency and Coral Mountain
Partners, L.P. to Lease Property Located Southeast of
Dune Palms Road and Highway 111 for the Purpose of
Constructina and OPeratina Affordable Rental Housina
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING: C9"
Adopt a resolution of the City Council approving the Disposition and Development
Agreement by and between the La Quinta Redevelopment Agency and Coral Mountain
Partners, L.P. and authorize the City Manager and City Attorney to make minor
modifications to the Disposition and Development Agreement that do not alter the
business transaction.
FISCAL IMPLICATIONS:
The Disposition and Development Agreement ("DDA") will obligate the Agency to invest
$29,000,000 to underwrite the final design, development and operation of a 176 unit
multi -family apartment complex that will be rented, at affordable rents, to very low-, low -
and moderate -income family households. To date, the Agency has expended
$10,023,868 to acquire property, design roadway and utility infrastructure
improvements, prepare a specific plan, and conduct the environmental review process.
The funds for this investment will be derived from the Project No. 1 and the Project No. 2
Low- and Moderate -Income Housing Funds. No City or Agency bond funds or other non -
Agency funds will be used to underwrite the Agency's $29,000,000 investment.
BACKGROUND AND OVERVIEW:
In 2007, the Agency purchased a 19.97 acre parcel located south of Highway 111, east
of Dune Palms Road, west of the Costco Center and north of the Desert Sands Unified
School District Administrative Offices. The purpose of this land acquisition was to
facilitate commercial development on the northern section, and affordable residential
development on the southern section. Following acquisition, the Agency entered into an
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Exclusive Negotiation Agreement with the Shovlin Companies (the principal company that
comprises Coral Mountain Partners, L.P. and the "Developer") to design an affordable
housing complex on the southern section. Once an initial design was completed, the
Agency, as property owner, processed entitlements and a certified Environmental Impact
Report.
Upon defining a development program for a 176 unit affordable housing complex,
negotiations ensued to structure a disposition and development agreement that would
facilitate the long-term ground lease of 9.33 acres and the development of a multi -family
apartment community that would be affordable to very low-, low- and moderate -income
family households. Per the California Redevelopment Law ("CRL"), the Agency must
ensure that at least 15% of all privately developed housing in its Redevelopment Project
Areas is affordable to very low-, low- and moderate -income households. Further, these
affordable dwellings must remain affordable for 45 (single-family) to 55 (multi -family)
years. The Agency must secure 2,121 affordable dwellings by 2029; to date the Agency
has facilitated the production or substantial rehabilitation of 1,059 affordable dwellings.
Per the DDA, the Agency will lease a 9.33 acre parcel ("Site") for up to 75 years. The
Developer will construct a 176 unit apartment home complex with covered parking, a
community building and a pool. The Developer will also construct a roadway along the
west and northern boundary of the Site, and storm water drainage facilities that will
service both the Site and the commercial parcel to the north. The City of La Quinta will
be constructing additional intersection, median, storm water retention, traffic signal, and
bus stop improvements on Dune Palms Road to service the affordable housing apartment
community.
Per the Agency Note attached to the DDA, the Developer will be required to repay the
Agency's $29,000,000 loan through annual payments of 50% of the cash flow
generated by the Developer's operation of the development.
The CRL provides that before a redevelopment agency leases or sells property acquired
with tax increment revenue for development, the legislative body and the redevelopment
agency must hold a joint public hearing to receive testimony both for and against the
property disposition. Further, the CRL requires that a redevelopment agency prepare a
report that summarizes the costs and terms of the transaction ("Summary Report"). The
La Quinta City Council and the La Quinta Redevelopment Agency Board will be holding
said joint public hearing on January 4, 2011. The subject of the joint public hearing will
be the DDA (Attachment 1) between the Agency and Coral Mountain Partners, L.P., and
the Summary Report (Attachment 2) that provides specific details regarding the
transaction facilitated by the DDA. If, after considering all testimony provided at the joint
public hearing, the City Council and the Redevelopment Agency Board deem it appropriate
to approve the DDA, then both bodies will adopt their respective resolutions approving
the DDA and appropriate the funds required for this transaction.
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The Planning Department prepared an Environmental Impact Report (State Clearinghouse
No. 2008101109) (the "EIR") under Environmental Assessment 2008-600 for the
development of up to 200 affordable rental housing units. The City Council certified the
EIR on May 18, 2008. Staff recommends that no subsequent or supplemental EIR is
required because the Project is consistent with, and contemplated by, the EIR, and none
of the events listed in Public Resources Code Section 21166 have occurred.
The developer is proposing to incorporate energy conservation, water efficient and
renewable energy design features into the project design. In addition, building materials
will be selected for durability as well as resource efficiency and improved indoor
environmental health. The EIR for the Specific Plan included mitigation measures to
reduce air, energy, water and construction related impact to a less than significant
impact. Project design features are consistent with national and state environmental
design programs such as U.S. Green Building Council (LEED) and California Green Builder.
The project budget does not contemplate formal certification of this project under either
of these programs.
Public Noticing
The joint public hearing was advertised in The Desert Sun on December 19 and 26,
2010. As of this writing no correspondence has been received regarding this project.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1 . Adopt a Resolution of the City Council approving the Disposition and Development
Agreement by and between the La Quinta Redevelopment Agency and Coral
Mountain Partners, L.P. and authorize the City Manager and City Attorney to make
minor modifications to the Disposition and Development Agreement that do not
alter the business transaction; or
2. Do not Adopt a Resolution of the City Council approving the Disposition and
Development Agreement by and between the La Quinta Redevelopment Agency
and Coral Mountain Partners, L.P.; or
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3. Provide staff with alternative direction.
Respectfully submitted,
W�—
Douglas R. ans
Assistant City Manager, Development Services
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1 . Disposition and Development Agreement (See
Redevelopment Agency Report)
2. Summary Report (See Redevelopment Agency Report)
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RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND CORAL
MOUNTAIN PARTNERS, L.P. FOR THE PROPERTY LOCATED
SOUTHEAST OF THE INTERSECTION OF DUNE PALMS ROAD AND
HIGHWAY 111
CORAL MOUNTAIN PARTNERS, L.P.
DISPOSITION AND DEVELOPMENT AGREEMENT
WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public
body, corporate and politic, organized and existing under the California Community
Redevelopment Law ("Health & Safety Code § 33000 et seq.) ("CRL"); and
WHEREAS, pursuant to the CRL, the City Council of the City of La Quinta
("City" or "City Council," as applicable) approved and adopted the Redevelopment
Plan ("Redevelopment Plan") for Project Area No. 2 ("Project Area"), on May 16,
1989, by Ordinance No. 139; and
WHEREAS, a fundamental purpose of the CRL is to expand the supply of
low- and moderate -income housing (Health & Saf. Code, § 33071); and
WHEREAS, the Agency staff has negotiated a Disposition and Development
Agreement ("Agreement") with Coral Mountain Partners, L.P., a California limited
partnership ("Developer"), pursuant to which (i) the Agency would ground lease to
the Developer certain real property located within the Project Area ("Property") and
provide to Developer financial assistance (the "Agency Assistance") in an amount
up to Twenty -Nine Million Dollars ($29,000,000) from the Agency's Low- and
Moderate -Income Housing Fund ("Housing Fund"); and (ii) the Developer would
develop on the Property a One Hundred Seventy -Six (176) unit multi -family
affordable housing development restricted for rental to and occupancy by persons
and families of very low-, low-, and moderate -income, at rent levels affordable to
such persons, and certain on -site private improvements and off -site public
improvements necessary to serve the development (collectively, the "Project"), all
as more particularly described in the Agreement.
WHEREAS, pursuant to the Agreement, as a condition to Agency's ground
lease of the Property and provision of the Agency Assistance, Developer and
Agency would record against the Property an Affordable Housing Regulatory
Agreement substantially in the form attached to the Agreement, that restricts the
use of the Property, for a period of fifty-five (55) years, as an affordable rental
housing project; and
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Resolution 2011-
Coral Mountain Partners
Disposition and Development Agreement
January 4, 2011
Page 2 of 4
WHEREAS, Agency's ground lease of the Property to the Developer would be
pursuant to a ground lease substantially in the form attached to the Agreement that
would provide for Developer to own the improvements during the term of the lease,
with the ownership of the improvements revesting in the City, as the Agency's
successor, at the end of the 55-year term; and
WHEREAS, the Developer would be required to execute a note evidencing its
obligation to repay the Agency Assistance, with such repayment based on the cash
flow generated from Developer's operation of the Project; and
WHEREAS, in the event the Agency Assistance is not fully repaid by the end
of the 55-year term of the ground lease, the term may be extended for up to an
additional twenty (20) years, which would result in an automatic extension of the
term of the Affordable Housing Regulatory Agreement; and
WHEREAS, the Planning Department of the City prepared an Environmental
Impact Report (State Clearinghouse No. 2008101109) (the "EIR") under
Environmental Assessment 2008-600 for, the development of up to 200 affordable
rental housing units. The City Council certified the EIR on the 181h day of May,
2008. The City Council has determined that no subsequent or supplemental EIR is
required because the Project is consistent with, and contemplated by, the EIR, and
none of the events listed in Public Resources Code Section 21166 have occurred;
and
WHEREAS, Health and Safety Code Section 33433 requires that the Agency
prepare a Summary Report to consider the Agency's proposed financial contribution
to the Project as set forth in the Agreement, that the Agency Board and the City
Council conduct a noticed joint public hearing with respect to the Agreement, and
that the approval of the Agreement be accompanied by certain findings and
determinations as set forth herein; and
WHEREAS, a Summary Report for the Agreement has been prepared and the
joint public hearing has been conducted in accordance with applicable requirements
of law; and
WHEREAS, the City Council and the Redevelopment Agency have considered
all the information and evidence set forth in the Summary Report presented by the
City/Agency staff and presented by persons wishing to appear and be heard
concerning the impact of the Agreement on the Project Area and the City as a
whole; and
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2
Resolution 2011-
Coral Mountain Partners
Disposition and Development Agreement
January 4, 2011
Page 3 of 4
WHEREAS, the Agreement is in accordance with the Redevelopment Plan
and is of benefit to the Project Area and the City of La Quinta; and
WHEREAS, the City Council hereby determines that the Agency's financial
contribution pursuant to the Agreement is necessary to effectuate the purposes of
the Redevelopment Plan;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AS FOLLOWS:
1 . That the above recitals are true and correct and incorporated herein.
2. That the City Council resolves as follows:
a. The City hereby determines that no subsequent or supplemental
EIR is required because the Project is consistent with, and contemplated by,
the EIR, and none of the events listed in Public Resources Code Section
21166 have occurred.
b. The Agreement effectuates the purposes of the Community
Redevelopment Law (Health & Safety Code § 33000 et seq.) and of the
Redevelopment Plan and is in the best interests of the citizens of the City of
La Quinta.
C. The Agency's lease of the real property identified herein will
provide housing for very low-, low-, and moderate -income persons and is
consistent with the Agency's Five -Year Implementation Plan, based on the
findings and conclusions of the Summary Report, which is incorporated
herein.
d. The consideration the Developer will pay for the lease of the real
property to be conveyed by the Agency is not less than the fair reuse value
at the use and with the covenants and conditions and development costs
authorized by the lease, based on the findings and conclusions of the
Summary Report.
3. The Agreement, a copy of which is on file with the Agency Secretary,
is hereby approved. The City Council consents to the Agency's authorization and
direction to its Executive Director and Agency Counsel to make final modifications
to the Agreement that are consistent with the substantive terms of the Agreement
approved hereby, and to thereafter sign the Agreement on behalf of the Agency.
4. The City Council consents to the Agency's authorization and direction
to its Executive Director to (i) sign such other and further documents, including but
. 1�6
3
Resolution 2011-
Coral Mountain Partners
Disposition and Development Agreement
January 4, 2011
Page 4 of 4
not limited to subordination agreements and escrow instructions that require the
Agency's signature, and (ii) take such other and further actions, as may be
necessary and proper to carry out the terms of the Agreement.
PASSED,
Council of the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED, AND ADOPTED at a regular meeting of the City
City of La Quinta held this 4th day of January, 2011, by the
VERONICA J. MONTECINO, CIVIC, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
DON ADOLPH, Mayor
City of La Quinta, California
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