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2019 07 16 CC MinutesCITY COUNCIL MINUTES Page 1 of 14 JULY 16, 2019 CITY COUNCIL MINUTES TUESDAY, JULY 16, 2019 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None. CONFIRMATION OF AGENDA City Clerk Radeva stated City Attorney Ihrke will make a verbal announcement on Consent Calendar Item Nos. 4 and 5 regarding the salaries and fringe benefits of the City’s executive employees pursuant to Government Code Section 54953(c)(3). Mayor Evans requested that City Manager McMillen provide a status update on Consent Calendar Item No. 6 regarding SilverRock Way Infrastructure Street Improvements (Project No. 2014-13). Councilmember Peña said he will recuse himself from discussion and vote on Public Hearing Item No. 2 due to the proximity of his residence to the project. Council concurred. CLOSED SESSION 1. PUBLIC EMPLOYEE DISCIPLINE / DISMISSAL / RELEASE PURSUANT TO GOVERNMENT CODE SECTION 54957 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CHRIS ESCOBEDO, COMMUNITY RESOURCES DIRECTOR; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES ASSOCIATION 3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF CITY COUNCIL MINUTES Page 2 of 14 JULY 16, 2019 GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:02 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:01 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported the following in accordance with the Brown Act:  Closed Session Item No. 1 – pursuant to Government Code Section 54957.1(a)(5) the Facilities Director has been dismissed pursuant to his at-will employment contract;  Closed Session Item No. 2 – pursuant to Government Code Section 54957.1(a)(6) labor negotiations have concluded, and the terms and conditions agreed upon with the La Quinta City Employee Association are to be considered and voted upon by the City Council in open session as Consent Calendar Item Nos. 4 and 5; and  Closed Session Item No. 3 – Council will continue consideration of this item after the open portion of the meeting. PLEDGE OF ALLEGIANCE Councilmember Fitzpatrick led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Brad Anderson, Rancho Mirage – spoke about the influx of West Nile mosquito epidemic in Riverside and Imperial Counties, and in the States of California and Arizona; said the mosquito and vector control regulating agencies are not doing their job in reducing mosquito counts; and the Coachella Valley Mosquito and Vector Control District’s (District) objective is to keep mosquito counts down to curve this epidemic; spoke of the regulating measures the District uses; and encouraged folks to contact the District if they get bitten by a West Nile mosquito, so that the source can be investigated and treated. PUBLIC SPEAKER: Martin Arredondo, Regional Development Coordinator with LifeStream Blood Bank – spoke in support of the nine-cities challenge blood drive slated for Saturday, July 27, 2019, from 8:30 a.m. to 2:30 p.m., at the La Quinta Wellness Center; thanked Council for their participation, and asked for their support in encouraging others to sign-up and participate; said there is a great need for blood donations as supply is limited; and noted if folks are not able to donate during the blood drive event, they have the option to donate CITY COUNCIL MINUTES Page 3 of 14 JULY 16, 2019 at the LifeStream Blood Bank in La Quinta located at 79215 Corporate Center Drive. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. INTRODUCE SPECIAL ENFORCEMENT TEAM SERGEANT DAVID ALDRICH Riverside County Sheriff’s Department Lieutenant Tapp introduced Special Enforcement Team Supervisor Sergeant David Aldrich, who gave a brief presentation about his experience and qualifications. 2. PROCLAMATIONS – RECOGNITION OF SERVICE FOR OUTGOING COMMISSIONERS Council presented Proclamations to the following Commissioners in honor of their service and dedication to the La Quinta community:  Everett Long, Housing Commission;  Robert (Bob) Wright, Planning Commission;  Paul Quill, Planning Commission;  Dori Quill, Community Services Commission – the proclamation was accepted on her behalf by her husband Paul Quill;  Felice Chiapperini, Community Services Commission; and  Sherwyn Turbow, Financial Advisory Commission – was unable to attend because he was out of the country. 3. CITY OF LA QUINTA’S GENERAL FUND BALANCE AND RESERVE POLICY AWARD FOR EXCELLENCE BY THE GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) Council presented the City’s Finance Department Staff with the Award for Excellence issued by the GFOA for exceptionally well implemented GFOA best practices in establishing the City’s General Fund Balance and Reserve Policy. Staff commended the Financial Advisory Commission for their participation and contribution in establishing this policy. CONSENT CALENDAR 1. APPROVE MINUTES OF JULY 2, 2019 2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MAY 31, 2019 3. APPROVE DEMAND REGISTERS DATED JUNE 28 AND JULY 5, 2019 CITY COUNCIL MINUTES Page 4 of 14 JULY 16, 2019 4. ADOPT RESOLUTION TO APPROVE THE 2019/20 SALARY SCHEDULE AND AMENDMENT NO. 2 TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES’ ASSOCIATION REAFFIRMING THE HEALTH BENEFIT CAP OF $1,709 PER EMPLOYEE PER MONTH [RESOLUTION NO. 2019-028] 5. ADOPT RESOLUTION TO APPROVE THE 2019/20 SALARY SCHEDULE, AND REAFFIRM THE HEALTH BENEFIT CAP OF $1,709 PER EMPLOYEE PER MONTH, FOR NON-REPRESENTED MANAGEMENT, CONTRACT, AND CONFIDENTIAL EMPLOYEES [RESOLUTION NO. 2019-029] 6. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE SILVERROCK WAY INFRASTRUCTURE STREET IMPROVEMENTS (PROJECT NO. 2014-13) CONSENT CALENDAR ITEM NOS. 4 AND 5 (subsequently revised as listed on page 6 below) City Attorney Irhke reported pursuant to Government Code Section 54953(c)(3), this announcement is to verbally report a summary of a recommendation for a final action on the salaries, salary schedules, and compensation paid in the form of fringe benefits to the City’s executive employees, as defined by Government Code Section 3511.1(d), during the open meeting in which the final action is to be taken. In summary, the recommendations of Consent Calendar Item Nos. 4 and 5 are to approve the 2019/20 Salary Schedule citywide effective June 22, 2019, and to reaffirm citywide health benefit cap of $1,709 per month per employee. The six management employees or “local agency executives,” as defined, the salaries and benefits are as follows for the following positions: Position Proposed Salary City Manager $210,000.00 Community Resources Director $161,963.36 Design and Development Director $161,963.36 Finance Director $161,963.36 Assistant to the City Manager $113,830.65 City Clerk $110,984.30 CONSENT CALENDAR ITEM NO. 6 City Manager McMillen provided an update on the mass grading activities at SilverRock, including the SilverRock event venue and future hotel sites; said SilverRock Way infrastructure street improvements have been a capital improvement project since 2014; the public access road is necessary to CITY COUNCIL MINUTES Page 5 of 14 JULY 16, 2019 provide access to the future developments at SilverRock; and this item allocates $6,253,700 of City capital improvement bond proceeds, and obligates the developer to contribute $2,138,370 to this project. MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve the Consent Calendar as recommended, with Item Nos. 4 and 5 adopting Resolution Nos. 2019-028 and 2019-029, respectively. Motion passed unanimously. BUSINESS SESSION 1. APPROPRIATE $39,600 AND AUTHORIZE CALLE TAMPICO AND PARK AVENUE GUARD RAIL BARRIER IMPROVEMENTS City Engineer McKinney presented the City’s Traffic Engineer Consultant Libring who presented the staff report, which is on file in the Clerk’s Office. Council discussed working with the Citrus Homeowners Association (HOA) to install landscape lighting to better illuminate the street curve; and importance to increase safety at this road location. PUBLIC SPEAKER: Robert Kroll, La Quinta – said he is a resident at the Citrus residential development; spoke in support of the proposed implementation of a guard rail barrier to increase safety; and commended Council and Staff for addressing this matter so quickly and effectively. MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to appropriate $39,600 and authorize Calle Tampico and Park Avenue guard rail barrier improvements as recommended. Motion passed unanimously. STUDY SESSION – None. CONSENT CALENDAR ITEM NOS. 4 AND 5 CITY ATTORNEY REQUESTED THAT COUNCIL BRING UP CONSENT CALENDAR ITEM NOS. 4 AND 5 FOR RECONSIDERATION PURSUANT TO SECTION 7.3 – RECONSIDERATION OF COUNCIL RESOLUTION 2015- 023 IN ORDER TO AMEND THE SALARIES OF THE CITY’S EXECUTIVE EMPLOYEES REPORTED IN THE VERBAL ANNOUNCEMENT MOTION – A motion was made and seconded by Councilmembers Peña/Radi to bring up Consent Calendar Item Nos. 4 and 5 for reconsideration. Motion passed unanimously. CITY COUNCIL MINUTES Page 6 of 14 JULY 16, 2019 Verbal Announcement by City Attorney Ihrke: City Attorney said the salaries for the City’s management employees or “local agency executives,” as defined by Government Code Section 3511.1(d), are as listed below for the following positions: Position Proposed Salary City Manager $210,000.00 Community Resources Director $162,449.25 Design and Development Director $162,449.25 Finance Director $162,449.25 Assistant to the City Manager $114,172.14 City Clerk $111,317.25 All other compensation paid in the form of fringe benefits remains unchanged as previously reported. MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve Consent Calendar Item Nos. 4 and 5 with the amended verbal announcement by the City Attorney. Motion passed unanimously. “DEPARTMENTAL REPORTS” AND “MAYOR’S AND COUNCIL MEMBERS’ ITEMS” WERE TAKEN OUT OF AGENDA ORDER DEPARTMENTAL REPORTS >>> taken out of agenda order All other reports are on file in the City Clerk’s Office. 1. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) INTENT TO EXERCISE ITS EMINENT DOMAIN POWERS OVER OBTAINING PROPERTY FOR THE CV LINK MULTI-MODAL TRANSPORTATION CORRIDOR PROJECT City Manager McMillen presented the staff report, which is on file in the Clerk’s Office. Mayor Evans said based on an update received from Mr. Kirk, CVAG’s Executive Director, easements for some of the parcels identified in CVAG’s letter have already been secured. PUBLIC SPEAKER: Brad Anderson, Rancho Mirage – said CVAG’s notices should be a wake-up call for the owners, who need to make an effort to respond; spoke in opposition of eminent domain; and CVAG needs to do its homework and connect with these land owners before taking eminent domain actions. CITY COUNCIL MINUTES Page 7 of 14 JULY 16, 2019 Mayor Evans spoke of CVAG’s efforts to contact the owners discussed during CVAG’s Executive Committee meeting. Council discussed the land identified for easements does not hold value as it is not feasible for development; and Council’s lack of support to use eminent domain as a way of policy. MAYOR’S AND COUNCIL MEMBERS’ ITEMS >>> taken out of agenda order Councilmember Radi said Agua Caliente Band of Cahuilla Indians Tribal Council Vice Chairman Larry N. Olinger passed away on July 15, 2019; he was a gentleman, highly regarded, with a distinguished character; and he will be missed. Council extended condolences to his family and the tribe. Councilmember Peña commended the Members serving on City Commissions for their time, dedication, and contributions. Councilmember Peña said Councilmember Sanchez, City Manager McMillen, and he attended the League of California Cities – Riverside County Division General Membership Meeting in Temecula on July 8, 2019, which was held jointly with the San Diego County and Orange County Divisions; it was well attended and covered topics that other agencies are facing. Councilmember Sanchez said he represented the City at the Palm Springs Power – Veteran Recognition Day and was honored to throw the first pitch. Mayor Evans said Councilmembers Sanchez and Peña, City Manager McMillen, Assistant to the City Manager Villalpando, and she attended a meeting held by Assembly Member Mayes on July 12, 2019, to discuss the status of AB 854 legislation, the on-going discussions between the cities serviced by the Imperial Irrigation District (IID), and efforts to continue discussions with IID and Coachella Valley Water District (CVWD) to ensure that cities continue to receive power services at rates comparable to current levels. Councilmember Fitzpatrick commended Staff and the community for the great turn-out at the Council’s Special Meeting – Community Workshop for the Future Art Event in La Quinta held on July 10, 2019 at City Hall. Mayor Evans explained the timeline for securing an art event in March 5-8, 2020; a Request for Proposals for art event producer was published July 11 – 24, 2019; interviews will be held July 25 – 26, 2019; and the item is scheduled for Council consideration at the August 6, 2019, meeting. CITY COUNCIL MINUTES Page 8 of 14 JULY 16, 2019 PUBLIC HEARINGS – After 5:00 P.M. 1. ADOPT RESOLUTION TO APPROVE UPDATES TO THE CITY’S USER AND REGULATORY MASTER FEE SCHEDULE (MFS) [RESOLUTION NO. 2019-030] City Clerk Radeva introduced Consultant Terry Madsen, President with ClearSource Financial Consulting, who presented the staff report, which is on file in the Clerk’s Office. Council asked for an update from Staff on the on-going efforts to make Short- Term Vacation Rental (STVR) permits and transient occupancy tax payments available on-line. Staff said the objective is to procure a vendor who can provide both, compliance monitoring and on-line submittal services; Staff plans to issue a Request for Proposals, and to select a vendor by the end of the calendar year, with implementation slated for mid-summer 2020, after the festival season in April 2020. Council discussed current cost recovery for STVR permits is 13%, and the proposed fee increase would bring the City up to 25% cost recovery, which is on the low end in comparison with the other cities in the Coachella Valley. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:13 P.M. PUBLIC SPEAKER: Damian Fussel, Deputy Director of Government Affairs with the Business Industry Association of Southern California – Riverside County Chapter (BIA) – said he is in opposition of the proposed updates to the MFS; notice was received within the statutory notice requirements, but requested to receive more advance notice; majority of fees are increasing by 1%, but some are increasing by a greater percentage; there is a housing crisis going on in the state of California, and raising fees impedes development. Mr. Fussel spoke of the housing development activities in California since the recession, and Governor Newsom’s plans to facilitate development going forward. Council discussed the City’s user and regulatory fees remained the same between 1995 and 2013; the slow-down in development activity in the City is primarily due to being almost built-out; back in 2013, the building industry requested that the City conducts an annual MFS update to avoid sudden large increases in fees; the proposed overall 1% increase is below the annual Consumer Price Index percentage increase; and the City is subsidizing the cost for services as the average cost recover is at 77%. PUBLIC SPEAKER: Gretchen Gutierrez, CEO with Desert Valley Builders Association (DVBA) – said the DVBA provided written comments prior to the meeting, which will be incorporated into the record, and were made available to the public; the fee increase adopted by the City in 2013 resulted in a CITY COUNCIL MINUTES Page 9 of 14 JULY 16, 2019 dramatic increase, and the building industry at the time requested that fees are reviewed and updated annually to avoid such sudden increases, which the City has done; there has been an overall slow-down in building activity across the valley; per DVBA’s estimates La Quinta will be fully built-out in less than 10 years; commended Staff for duly noticing and collaborating with the DVBA; thanked the City for providing services efficiently, and for subsidizing the services by not seeking full cost recovery; noted the proposed fee increases apply not only to residential development, but to commercial, industrial, and retail as well; recommended that Council adopt the proposed MFS update tonight; and spoke about future development trends and potential challenges. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:29 P.M. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to adopt Resolution No. 2019-030 to approve updates to the City’s User and Regulatory Maser Fee Schedule: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A REVISED MASTER FEE SCHEDULE OF VARIOUS USER AND REGULATORY FEES Motion passed unanimously. COUNCILMEMBER PEÑA RECUSED HIMSELF FROM DISCUSSION AND VOTE ON PUBLIC HEARING ITEM NO. 2 DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM HIS RESIDENCE BEING IN CLOSE PROXIMITY TO THE PROPOSED PROJECT; AND LEFT THE DAIS AT 5:31 P.M. 2.ADOPT RESOLUTION TO DENY APPEAL 2019-0002 AND SUSTAIN PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT 2018-0005 AND SITE DEVELOPMENT PERMIT 2018- 0004 FOR A 16-UNIT APARTMENT PROJECT LOCATED AT 51-480 DESERT CLUB DRIVE; PROJECT: DESERT CLUB APARTMENTS; CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15332, INFILL DEVELOPMENT [RESOLUTION NO. 2019-031] Planning Manager Flores presented the staff report, which is on file in the Clerk’s Office; and noted the Appellant provided a hand-out containing a two- story Spanish-Colonial residential design rendering, which is incorporated into the record, and made available to the public. Council discussed that the Appellant’s proposal of six townhome units, as listed in the hand-out, would not meet the City’s development standards for the Village Commercial zone. Council discussed the rendering submitted by the Appellant proposing a three- story development, which would not be in compliance with the City’s maximum height requirements for that area. CITY COUNCIL MINUTES Page 10 of 14 JULY 16, 2019 MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:40 P.M. PUBLIC SPEAKER: Stephen Nieto, Applicant, and President of South West Concepts, Inc., La Quinta – spoke about La Quinta’s history and community development and growth; said the City’s establishment of the Village Commercial zone created opportunity for growth and renovation, and an environment that promotes an active community, and attracts new residents; said the proposed development complies with the City’s regulations; noted two letters of support were distributed to Council, incorporated into the record, and made available to the public, authored by Ramiro Mendoza, owner of Casa Mendoza Mexican Grill and Bar, and Alana Marston, owner of Sm’Art Studio & Gallery, both businesses located in the Village Commercial zone. Mr. Nieto spoke about the development’s design, accessibility points, landscaping, perimeter wall, height; noted there would be minimal impact to the Calle Cadiz residential neighborhood; said the Appellant’s concerns were that an apartment-type development is not the best fit for the character of that area, however, this development would instead compliment and enhance the area. Council discussed this is market-rate housing with proposed two-bedroom- two-bath units, at an estimated $1,600 monthly rent; and the distance between the development to the closest residence on Calle Cadiz. PUBLIC SPEAKER: Rob Capetz, Owner, La Quinta – provided a brief history of the developments he has built in La Quinta since the early 1990s; said he plans to hold on to this development; the project promotes the City’s vision of an engaged and active community, it blends well with the community; and it is labeled “apartments” because the units are for rent, but in fact it is a high-quality residential development; answered Council’s questions regarding the waste disposal location, garage use, restrictions on using balconies as storage areas, security, ground floor patios face the sidewalk, street parking is allowed, the development provides sufficient parking to accommodate the residents; and contemplated removing the word “apartments” from the proposed name. Council discussed other proposed projects in close proximity to the project site, currently in design-review. PUBLIC SPEAKER: Lawrence Marshall, Appellant, La Quinta – spoke about his professional experience and background, residency in La Quinta, and the La Quinta community image, values, and real estate costs; appeal filing costs; community evolvement over time; commended Staff for their professionalism and responsiveness; noted the Spanish Colonial Traditional Design Townhome rendering he provided as a hand-out and his presentation, incorporated into CITY COUNCIL MINUTES Page 11 of 14 JULY 16, 2019 the record and made available to the public, was merely a rendering from the internet depicting a Spanish Colonial architectural style, and did not suggest for a three-story development; and expressed concerns about the long-term plan for the Arnold Palmer complex, particularly the parking lot area. Council asked Mr. Marshall to clarify if he is recommending a residential or a commercial development on the project site, since based on the rendering he provided, it suggested residential use. Mr. Marshall said he enjoys getting involved and being a part of the community; expressed concerns about having an apartment rental complex on the project site because it would change the character of the community; and said six 3,000 square-foot townhome condominiums would be a more appropriate development; expressed concerns about the potential number of total residents that could occupy the proposed 16-unit apartment complex; and noted the long-term impact on the community must be considered when approving developments. PUBLIC SPEAKER: Tadros and Elaine Tadros, La Quinta – thanked Council for the opportunity to speak and provide comments; said she and her husband have resided on Calle Cadiz for 40 years; noted their concern was not with who is going to live in the apartments, but rather the potential number of total residents (64 people) that could occupy the proposed 16-unit apartment complex, because it would be too condensed; parking seems adequate; expressed concerns about the second story, not because apartment residents would be looking into the residential backyards, but because the adjacent home owners would be looking at the second story; and asked about the development plan for the two vacant parcel adjacent to the project site. Staff replied currently there were no developments proposed for these parcels, one is zoned residential, and the other Village Commercial, which could potentially be a two-story development. Mrs. Tadros said the Calle Cadiz, Calle Fortuna, Calle Guatemala neighborhoods have historically been single-family dwellings with the exception of some high-end vacation rentals; noted the project would block their view of the mountain, and could adversely affect property values. Mrs. Tadros submitted a petition in opposition of the project signed by 57 home owners in close proximity to the project. She noted residents were not supportive of having an apartment complex on the project site, expressed traffic concerns, stated folks had envisioned that the project site would be developed for small businesses and restaurants, and a lot of residents are not here at this time of year. CITY COUNCIL MINUTES Page 12 of 14 JULY 16, 2019 Mr. Tadros thanked the Council for listening to the community’s comments and concerns; said he has lived on Calle Cadiz for 40 years when there were only four homes; and spoke how the development standards for the area have changed over the years, allowing two-story developments. WRITTEN PUBLIC COMMENTS: Elisa Guerrero – submitted written comments in support of the project. PUBLIC COMMENTS: Mary Murray, La Quinta – said Calle Cadiz is the Rodeo Drive of La Quinta with very affluent homes; said the project would change the character of the community; noted a more appropriate development for the project site would be a villa-type residential homes for purchase; expressed a concern that the apartment complex garages would become storage units, and renters will be parking their vehicles on the street instead; and agreed with Mr. Marshall that when approving developments, the City must consider the long-term plan for the community. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:35 P.M. Council thanked the community for their participation and input, noted it is the public’s right to attend and participate in public meetings, and encouraged people to be involved because citizen engagement is important and welcomed. Council discussed the project site is zoned Village Commercial which allows apartments and mixed-used developments; during past community workshops held regarding the Highway 111 Corridor Area Plan and the village, residents’ feedback received have shown support by super-majority for more residential, mixed-use, and apartment-type developments in that area; the residents will be customers of the surrounding businesses; a commercial development would result in more traffic from people visiting the businesses throughout the day versus residents who leave for work in the morning and return home at the end of the day; the property owner purchased the land knowing this type of development was allowed based on the zoning and he has the right to develop it in accordance with the City’s development standards; changing the zoning of a parcel prohibiting development types that were allowed at the time of purchase would deter developers from La Quinta; over the years the City has carefully made sure that developments in La Quinta are sensible and sustainable; state regulations and mandates that trump local control; the millennial population needs and wants to stay active, not own a car, own smaller homes, environmental concerns, etc. are driving community changes; the Village Commercial zone was created to increase density, which is not necessarily indicative of traffic increase, however, the City’s road capacity is adequate; the 2009 General Plan update included a lot of community outreach, and the input received was supportive of mixed-use and condominium developments, that provide housing diversity; the Complete Streets Project also contributes in creating a village-type, pedestrian-friendly CITY COUNCIL MINUTES Page 13 of 14 JULY 16, 2019 atmosphere and community, that offers a balanced lifestyle; the trend is to see more two- and three-story developments; the role of the Planning Commission in the development approval process; one of the reasons for creating the Village Commercial zone was to make the village a destination, and the City has purchased properties around the park and La Quinta Museum to facilitate the 100-year vision of the City’s growth; and development standards continue to ever change and evolve. MOTION - A motion was made and seconded by Councilmembers Fitzpatrick/Radi to adopt Resolution No. 2019-031 to: 1) Deny Appeal 2019-0002; 2) Find the project exempt from environmental review under the California Environmental Quality Act pursuant to Section 15332 as in-fill development; and 3) Sustain the Planning Commission approval of Conditional Use Permit 2018-0005 and Site Development Permit 2018-0004 for a 16-unit apartment project, located at 51480 Desert Club Drive in the Village, for the reasons set forth in Planning Commission Resolution 2019-009 adopted on June 11, 2019: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING APPEAL 2019-0002, AND SUSTAINING THE PLANNING COMMISSION’S APPROVAL OF CONDITIONAL USE PERMIT 2018-0005 AND SITE DEVELOPMENT PERMIT 2018-0004 TO ALLOW THE DEVELOPMENT OF 16 APARTMENTS LOCATED AT 51480 DESERT CLUB DRIVE CASE NUMBERS: APPEAL 2019-0002; CONDITIONAL USE PERMIT 2018- 0005; SITE DEVELOPMENT PERMIT 2018-0004 PROJECT: DESERT CLUB APARTMENTS APPELANT: LAWRENCE MARSHALL Motion passed: ayes 4, noes 0, abstain 0, absent 1 (Peña) COUNCILMEMBER PEÑA JOINED THE MEETING AT 6:58 P.M. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2019, Councilmember Fitzpatrick reported on her participation in the following organizations’ meetings: COACHELLA VALLEY MOUNTAINS CONSERVANCY DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & Radi) RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) La Quinta’s representative for 2019, Councilmember Radi reported on his participation in the following organization’s meeting: CVAG TRANSPORTATION COMMITTEE CITY COUNCIL MINUTES Page 14 of 14 JULY 16, 2019 COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 7:15 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 7:47 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported no actions were taken on Closed Session Item No. 3 that require reporting pursuant to Government Code Section 54957.1 (Brown Act). ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Peña/Fitzpatrick to adjourn at 7:48 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California