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2020 02 04 CC MinutesCITY COUNCIL MINUTES Page 1 of 16 FEBRUARY 4, 2020 CITY COUNCIL MINUTES TUESDAY, FEBRUARY 4, 2020 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 Councilmember Radi said he would like to comment on the Consent Calendar Item No. 6. Council concurred. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) of GOVERNMENT CODE SECTION 54956.9 (NUMBER OR POTENTIAL CASES: 1) 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) of GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: WASHINGTON-111, LTD., CLAIMANT, V. CITY OF LA QUINTA, RESPONDENT, JUDICATE WEST ALTERNATIVE DISPUTE RESOLUTION CASE NO. A257070 3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9. NAME OF CASE: CITY OF LA QUINTA V. CHIN FAMILY PROPERTIES LIMITED PARTNERSHIP, ET AL., RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC1803284 CITY COUNCIL MINUTES Page 2 of 16 FEBRUARY 4, 2020 COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:01 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported no actions were taken in Closed Session that require reporting pursuant to Government Code section 54957.1 (Brown Act). PLEDGE OF ALLEGIANCE Councilmember Sanchez led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA WRITTEN PUBLIC COMMENT: Leslie Young, La Quinta – provided written comments regarding the top of the Cove parking lot project, located on Calle Tecate between Avenidas Madero and Juarez, repeating her request, from the January 21, 2020 Council meeting, that the City close the parking lot at dusk; and install a barrier, via building a wall or planting hedges, on the strip of land between Avenida Herrera and Avenida Bermudas, across from the parking lot, to mitigate increased traffic, noise, and dust. PUBLIC SPEAKER: Jeffrey L. Gilson, Executive Director for the Palm Springs Center for the Performing Arts (Center) – said La Quinta has an incredible art festival coming up in March 2020, and he wanted to introduce himself as the Center is interested in increasing the synergy between the two organizations; and noted La Quinta is very supportive of the arts. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. RECOGNITION OF ALEX NAPIER, IRONMAN VOLUNTEER DIRECTOR/ COMMUNITY LIAISON, FOR HER COMMITMENT, DEDICATION, AND EFFORTS ON THE COORDINATION AND COMMUNITY ENGAGEMENT FOR THE 2019 INDIAN WELLS LA QUINTA IRONMAN 70.3 TRIATHLON EVENT Mayor Evans and Councilmembers presented Alex Napier, Ironman Volunteer Director / Community Liaison, with a Certificate of Recognition for her commitment and efforts on community engagement for the 2019 Indian Wells La Quinta Ironman 70.3 Triathlon event held on December 8, 2019. CITY COUNCIL MINUTES Page 3 of 16 FEBRUARY 4, 2020 CONSENT CALENDAR 1. AUTHORIZE OVERNIGHT TRAVEL FOR THE MARKETING MANAGER TO ATTEND CALIFORNIA TRAVEL ASSOCIATION BOARD MEETING IN SAN DIEGO CALIFORNIA, FEBRUARY 24-26, 2020 2. AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGEMENT SPECIALIST TO ATTEND THE CALIFORNIA ASSOCIATION OF PUBLIC INFORMATION OFFICIALS (CAPIO) ANNUAL CONFERENCE IN SANTA BARBARA CALIFORNIA, APRIL 20-22, 2020 3. AUTHORIZE OVERNIGHT TRAVEL FOR PUBLIC WORKS MANAGEMENT ANALYST TO ATTEND PSMJ RESOURCES, INC ENGINEERING AND CONSTRUCTION PROJECT MANAGEMENT TRAINING PROGRAM IN SAN DIEGO, CALIFORNIA, FEBRUARY 27-28, 2020 4. AUTHORIZE OVERNIGHT TRAVEL FOR THE CITY CLERK TO ATTEND THE 2020 CITY CLERKS ASSOCIATION OF CALIFORNIA ANNUAL CONFERENCE IN BURLINGAME, CALIFORNIA, APRIL 14- 17, 2020 5. AUTHORIZE OVERNIGHT TRAVEL FOR CONSTRUCTION MANAGER/INSPECTION SUPERVISOR AND SENIOR ACCOUNTANT TO ATTEND THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY LEADERSHIP ACADEMY IN PASO ROBLES, CALIFORNIA, MARCH 23-27, 2020 6. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE LA QUINTA LANDSCAPE RENOVATION IMPROVEMENTS PROJECT LOCATED AT THE LA QUINTA RANCHO OCOTILLO DEVELOPMENT, ON THE SOUTH SIDE OF FRED WARING DRIVE AND EAST SIDE OF ADAMS STREET (PROJECT NO. 2016-03E) 7. APPROVE GRANT OF EASEMENTS TO COACHELLA VALLEY WATER DISTRICT FOR ACCESS AND MAINTENANCE OF WATER PIPELINES WITHIN COACHELLA VALLEY WATER DISTRICT’S BOOSTER SITE 06630 LOCATED OFF OF AVENIDA BERMUDAS 8. APPROVE DEMAND REGISTERS DATED JANUARY 10 AND 17, 2020 CITY COUNCIL MINUTES Page 4 of 16 FEBRUARY 4, 2020 9. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED NOVEMBER 30, 2019 CONSENT CALENDAR ITEM NO. 6 Councilmember Radi said the City has been able to renovate the City’s parkways, medians, and retention basins due to the voters passing of Measure G in 2016 because they recognized the importance of investing in their community; noted Measure G revenues are funding the on-going La Quinta Landscape Renovation projects; and commended the improvements currently underway along Eisenhower Drive, which are not only enhancing the appearance, but are making the area safer as well. MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve the Consent Calendar as recommended. Motion passed unanimously. BUSINESS SESSION 1. AWARD CONTRACT TO JONES BROS CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE SILVERROCK WAY STREET IMPROVEMENTS (PROJECT NO. 2014-13/141513) BETWEEN AVENUE 52 AND JEFFERSON STREET Public Works Director/City Engineer McKinney presented the staff report, which is on file in the Clerk’s Office. Council discussed the funding sources for this project and the anticipated timeline to accept the improvements by November 2020. MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to award a contract to Jones Bros Construction Company in the amount of $3,994,466 to construct the SilverRock Way Street Improvements backbone infrastructure Project 2014-13 between Avenue 52 and Jefferson Street; and authorize the City Manager to execute the contract. Motion passed unanimously. 2. APPROVE SECOND ROUND COMMUNITY SERVICES GRANTS FOR FISCAL YEAR 2019/20 Community Resources Manager Calderon presented the staff report, which is on file in the Clerk’s Office. CITY COUNCIL MINUTES Page 5 of 16 FEBRUARY 4, 2020 MAYOR EVANS SAID SHE IS A MEMBER OF THE ROTARY CLUB OF LA QUINTA, WHICH DOES NOT CONSTITUTE A CONFLICT OF INTEREST, AND SHE CAN PARTICIPATE IN THE DISCUSSION AND VOTE OF THIS ITEM Council discussed the grants are focused on organizations that provide opportunities and services for La Quinta; revising the grant application to request that applicants provide specific information on what the grant would be used for and a six-month follow-up report showing how the funds were used, to aid in the evaluation process. PUBLIC SPEAKER: Robert Wilkinson, representative of the Rotary Club of La Quinta (Club) – thanked the Council for their consideration and support; and spoke about the programs the Club offers to La Quinta youth. PUBLIC SPEAKER: Bruce Underwood, representative of the Club – said he was honored to be part of the Club; the Club’s objective is to provide La Quinta youth opportunities to gain leadership experience in order to train the future leaders; the Club offers La Quinta students college scholarships; spoke of the Club’s efforts to raise funds for its programs; and the Club’s other initiatives worldwide such as eliminating polio and providing clean water. MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve the second round of Community Services Grants for fiscal year 2019/20 as recommended by the Ad-hoc Committee, for a total grant funding of $7,400 as follows:  Desert Arc $2,500  Rotary Club of La Quinta $4,900 Motion passed unanimously. STUDY SESSION – None MAYOR EVANS SAID COUNCIL WILL CONSIDER ITEMS OUT OF AGENDA ORDER UNTIL 5:00 P.M. WHEN THE PUBLIC HEARING ITEMS ON THE AGENDA ARE SCHEDULED TO BE HELD DEPARTMENTAL REPORTS – item taken out of Agenda order All reports are on file in the City Clerk’s Office. 9. FIRE – QUARTERLY REPORT OCTOBER – DECEMBER 2019 Riverside County Fire Department Division Chief Fish said the regional shared resources approach to providing mutual aid services to participating CITY COUNCIL MINUTES Page 6 of 16 FEBRUARY 4, 2020 jurisdictions deploys the closest fire response unit available to the calls received regardless of the unit’s jurisdiction; and explained the total incident response numbers provided on the quarterly report. 10. COMMUNITY RESOURCES B. EMERGENCY MANAGEMENT BIANNUAL REPORT Mayor Evans noted there are 31 certified members under the City’s Community Emergency Response Team (CERT) program; upcoming CERT classes will be held on March 27-29, 2020; and very positive feedbacks were received for the “Stop the Bleed” training held by the City on January 23, 2020. MAYOR’S AND COUNCIL MEMBERS’ ITEMS – item taken out of Agenda order Mayor Pro Tem Peña said Council received public comment on temporary holiday decorations, at the January 21, 2020 Council meeting, and requested that the matter be placed on a future Council meeting. REPORTS AND INFORMATIONAL ITEMS – item taken out of Agenda order La Quinta’s representative for 2020, Mayor Evans reported on her participation in the following organizations’ meeting:  CVAG EXECUTIVE COMMITTEE  GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU La Quinta’s representative for 2020, Councilmember Fitzpatrick reported on her participation in the following organization’s meeting:  RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) Councilmember Fitzpatrick said SB 743 (Steinberg) will go into effect July 1, 2020, which amongst other items, will revise the California Environmental Quality Act regulations to be based from level of service to vehicle miles traveled; and requested that Staff provide an update on this new regulation, later on in the year, and how it will impact La Quinta’s projects going forward. La Quinta’s representative for 2020, Councilmember Peña reported on his participation in the following organizations’ meeting:  IID ENERGY CONSUMERS’ ADVISORY COMMITTEE  LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE CITY COUNCIL MINUTES Page 7 of 16 FEBRUARY 4, 2020 La Quinta’s representative for 2020, Councilmember Radi reported on his participation in the following organizations’ meeting:  CVAG TRANSPORTATION COMMITTEE  SUNLINE TRANSIT AGENCY La Quinta’s representative for 2019, Councilmember Sanchez reported on his participation in the following organization’s meeting:  LEAGUE OF CALIFORNIA CITIES – TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS POLICY COMMITTEE MAYOR EVANS CALLED FOR A BRIEF RECESS OF THE COUNCIL MEETING AT 4:47 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 5:00 P.M. WITH ALL MEMBERS PRESENT PUBLIC HEARINGS – After 5:00 p.m. 1. ADOPT A RESOLUTION AMENDING RESOLUTION 2013-006 RELATIVE TO THE DEVELOPMENT IMPACT FEE POLICY PURSUANT TO 2019 DEVELOPMENT IMPACT FEE STUDY [RESOLUTION NO. 2020-003] Public Works Director/City Engineer McKinney introduced Management Analyst Mignogna who presented the staff report, which is on file in the Clerk’s Office. Council discussed the financial impacts based on implementing a two- and a three-year phased-in Development Impact Fee (DIF) increase approach. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:05 P.M. PUBLIC SPEAKER: Richard (Dick) Mills, La Quinta – said he speaks on behalf of the Financial Advisory Commission Subcommittee (FACS) charged to review the DIF Study and present a recommendation for Council; noted the FACS report recommended the City adopt DIF as proposed in the study without phase-in or discounts; and read a statement explaining the underlying reasons for the FACS’s decision, which was incorporated into the record, and made available to the public. PUBLIC SPEAKER: Gretchen Gutierrez, CEO of Desert Valley Builders Association (DVBA) – said the DVBA supports the two-year phased-in DIF increase; and noted based on the cumulative development report received for the Coachella Valley, La Quinta has had a slight increase of building permits CITY COUNCIL MINUTES Page 8 of 16 FEBRUARY 4, 2020 over the last three years (2019 – 138 permits; 2018 – 126 permits; 2017 – 115 permits for single-family dwellings). Council commended the DVBA for its partnership with the City, for taking the time to thoroughly research and provide comments with great attention to detail, to educate and provide information to Staff and FACS, and to identify the best option. General discussion followed regarding new housing requirements imposed by the California legislature. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:14 P.M. Council thanked the FACS for taking the time to review the DIF Study and propose increases in great detail and objectively. Council discussed the potential impacts on the development community from implementing the two-year phased-in DIF increase; the City cannot recover DIF revenue that it does not charge; the DVBA direction on the DIF increases that the market could bear; the FACS’s comments were very objective and justified; and expressed general support for the two-year phased-in approach. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to adopt Resolution No. 2020-003, adopting Development Impact Fees pursuant to the Development Impact Fee Study, dated September 23, 2019: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING DEVELOPMENT IMPACT FEES Motion passed unanimously. 2. ADOPT RESOLUTIONS TO ADOPT MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR ENVIRONMENTAL ASSESSMENT 2017-0006, AND APPROVE SPECIFIC PLAN 2017-0002 AMENDMENT NO. 2, TENTATIVE PARCEL MAP 2017-0003, AND SITE DEVELOPMENT PERMIT 2017-0009 PROPOSING AN APPROXIMATE 120,000 SQUARE-FOOT SHOPPING CENTER WITH FOUR DRIVE- THROUGHS AND A 63,000 SQUARE-FOOT SUPERMARKET WITH ASSOCIATED VEHICLE FUEL CENTER; CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS PREPARED A MITIGATED NEGATIVE DECLARATION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION: NORTHWEST CORNER OF AVENUE 50 AND JEFFERSON STREET; PROJECT: PAVILION PALMS SHOPPING CENTER [RESOLUTION NOS. 2020-004 & 2020-005] CITY COUNCIL MINUTES Page 9 of 16 FEBRUARY 4, 2020 Design and Development Director Castro introduced Planning Manager Flores who presented the staff report, which is on file in the Clerk’s Office. Council discussed the proposed amendment to the Specific Plan (SP) related to eliminating additional permitting requirements, such as a Minor Use Permit (MUP) and a Conditional Use Permit (CUP), when an anchor tenant is coupled with a fueling station; operating a fueling station independently, without an anchor tenant, would require obtaining a CUP; landscaping for the six parcels not included in the proposed Site Development Permit (SDP) would be installed two years following the City issuing a certificate of occupancy for the Pavilions grocery store, should they remain undeveloped; a fueling station was a permitted use under the two prior SP approvals in 1999 and 2001; a specific location for a fueling station was never determined by any of the prior approvals; a left-turn exit from the shopping center onto Avenue 50 was not included in the prior approvals, and it is included in the current proposed development. Council commended Staff for their thorough efforts in answering the community’s inquiries related to this project, and addressing the community’s concerns. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:39 P.M. PUBLIC SPEAKER: Greg Bever, Applicant with Lundin Development Company – gave a detailed presentation of the proposed Pavilion Palms shopping center project; including the site plan, pergola screening features to shield the center from the streets, traffic circulation within the center, the fuel center will be operated by Pavilions, it includes 6 pumps (2 stations on each side for a total of 12 pumps) and staging vehicle capacity of 24 with a maximum of 36, shading throughout the center, including covered parking, gathering spaces design, access to the center from Derek Alan Drive has been closed off as requested by the adjacent Renaissance residential development; additional concessions were made by substantially reducing the size of the fuel center store, prohibiting the sale of alcoholic beverages, limiting the store operating hours from 7 am to 10 pm, reducing the height of the parking lot standards from 40’ to 20’, and agreeing to enter into Conditions, Covenants, and Restrictions (CC&Rs) with the home owners associations of the Renaissance and Palmilla residential developments, and the City to establish the landscape and maintenance standards for the center. PUBLIC SPEAKER: Jeff Herbst, Project Director with MCG Architecture – presented the gathering spaces incorporated into the center’s design as CITY COUNCIL MINUTES Page 10 of 16 FEBRUARY 4, 2020 requested by the Planning Commission; explained the center’s site and architectural design; lighting; and color palette. The following PUBLIC SPEAKERS submitted written comments and/or spoke in support/opposition of the Pavilion Palms Shopping Center project:  Diana Soto, Director of Public Affairs for the Greater Coachella Valley Chamber of Commerce, representing the La Quinta Chamber of Commerce Board of Directors position in support of the project – was not able to speak due to having to leave by 5:30 p.m., and submitted written comments in support of the project, which were incorporated into the record;  Kevin McCune, La Quinta – expressed support of the project, but did not wish to speak;  Anonymous La Quinta resident – submitted written comments expressing concerns that the project would adversely affect property values, and the fueling station would have harmful effects to the community;  Elisa Guerrero, La Quinta – in support of the project;  Judith Young, La Quinta – in opposition of the project;  David George, Thermal – in support of the project;  Richard (Dick) Mills, La Quinta – submitted and read a written statement in support of the Pavilions grocery store, and opposition to the proposed fueling station, which was incorporated into the record and made available to the public;  Joe Duffle, Union Leader for UFCW 1167, Bloomington CA – in support of the project;  Ruthann Banner, La Quinta – in opposition of the project, and assigned her time to Joel Banner;  Rich Garibaldi, La Quinta – in opposition of the project, and assigned her time to Joel Banner;  Julie Woods, La Quinta – in opposition of the project, and assigned her time to Joel Banner;  Robin Diefendorf, La Quinta – in opposition of the project, and assigned her time to Joel Banner;  Joel Banner, La Quinta – in opposition of the project and presented a Power Point presentation, which was incorporated into the record, and made available to the public;  Yolanda Mills, La Quinta – in support of the Pavilions grocery store, and opposition to the proposed fueling station;  Gabe Suarez, Coachella – in support of the project;  Dale Tyerman, La Quinta – in opposition of the project;  Walter Lincoln, veteran and La Quinta resident; also spoke in his capacity as the President and Treasurer of the American Armed Forces Mutual Aid Association – in support of the project; CITY COUNCIL MINUTES Page 11 of 16 FEBRUARY 4, 2020  Kathy Cole, La Quinta – in opposition of the project. City Attorney Ihrke explained the regulations related to public meetings and Council’s obligation to conduct all deliberations and votes publicly and openly pursuant to the Brown Act (Government Code Section 54950 et seq.). The following PUBLIC SPEAKERS submitted written comments and/or spoke in support/opposition of the Pavilion Palms Shopping Center project:  Rex Marlowe, La Quinta – in support of the project;  Leila Namvar, La Quinta – in opposition of the project;  Kyle Namvar, La Quinta – in opposition of the project. MAYOR EVANS CALLED FOR A BRIEF RECESS OF THE COUNCIL MEETING AT 7:07 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 7:18 P.M. WITH ALL MEMBERS PRESENT The following PUBLIC SPEAKERS submitted written comments and/or spoke in support/opposition of the Pavilion Palms Shopping Center project:  Espe Valdez, La Quinta – in support of the project, was not present to speak;  John Gamlin, La Quinta – in support of the project;  Chuck Crookall, La Quinta – in support of the project, was not present to speak;  Ariel Ganezer, La Quinta – in support of the project;  Marty Martinovich, Indian Wells resident, business office in La Quinta – in support of the project;  Tee Jones, Palm Desert – in support of the project, was not present to speak;  Doug Jones, Palm Desert – in support of the project;  Heidi Helbig, La Quinta – in support of the project, was not present to speak;  Sam Spinello, Indian Wells – in support of the project;  Tom Ward, La Quinta – in support of the project, was not present to speak  Ken Holbert, La Quinta – in opposition of the project, and assigned her time to Marilyn Lang;  Marilyn Lang, La Quinta; Board of Director of the Palmilla HOA, also representing the Renaissance at La Quinta HOA – in opposition of the project;  James O’Brien, La Quinta – in opposition of the project. CITY COUNCIL MINUTES Page 12 of 16 FEBRUARY 4, 2020 In summary, the comments in support of the project included that a grocery store and a fueling station are much needed amenities in the south part of La Quinta to service the community; there is a need for commercial developments that are not along the City’s Highway 111 commercial corridor; the center will improve the quality of life for the community; the developer has been amenable to make concessions and mitigate the community’s concerns; the City should reevaluate SDP Conditions of Approval (COA) Nos. 126 and 127 related to the developer entering into CC&Rs establishing the landscape and maintenance requirements for the center; the center and retail spaces would be an improvement for the community; will create local and quality employment opportunities; will generate tax revenue for the City; will bring a high-end grocery store to the community; Pavilions is a well- recognized grocery store brand name; the project is well designed and it is a great addition to the City. In summary, the comments in opposition of the project included concerns about approving additional retail real estate when traditional store shopping is dying and being replaced by online shopping; the future of fueling stations is uncertain and there is a progressive trend toward the use of Uber, Lyft, and electric vehicles; there doesn’t seem to be sufficient parking proposed, and the flat parking design could be replaced by a multi-story parking building; increase of traffic along Jefferson Street; the City should set regulations that commit private developers to obligations to ensure the well-being of the community; a fueling station and drive-through restaurants are not needed, will have an adverse effect on property values and the quality of life for the residents in the immediate vicinity, and a fueling station is also being proposed across the street for the Ralph’s shopping center in the City of Indio; Jefferson Street and Avenue 50 intersection is the gateway to SilverRock Resort, a world class resort that will develop an international reputation for the City, a fueling station is not appropriate at this location, and the land should be developed in a way that carries and promotes the La Quinta brand; this development is an opportunity for the City to realize its vision for the Highway 111 Corridor; Pavilion is not a recognized brand name and it’s closing stores around the country; the developer does not properly maintain its commercial centers; recommendation for the City to purchase the land and build the Kobe Bryant Memorial Park instead; incorporate open spaces in the architectural design; the project is not compatible with the general plan; safety concerns from the lack of adequate separation between the proposed gathering areas and the parking lot; the environmental review only considered the center’s change in size; clarification of water authority approval; project’s traffic analysis; potential need to install a second left-hand turn lane on the Jefferson Street; clarification of the developer’s intent that this center would not be built unless it includes a fueling station; and the City should have rezoned the retention basin located immediately behind the center, owned by the Renaissance CITY COUNCIL MINUTES Page 13 of 16 FEBRUARY 4, 2020 development, to low-density residential from commercial, as it was originally intended when the residential communities were developed. PUBLIC SPEAKER: Bob Lichter, owner of the Ralph’s shopping center in the City of Indio across the street from the proposed project – said he would like to clarify that the fueling station project scheduled for review and consideration by the City of Indio on February 26, 2020, is proposing to build seven fueling pumps. PUBLIC SPEAKER: Yolanda Mills, La Quinta – said the information that the Ralph’s shopping center was proposing to build an 18-pump gas station was published in The Desert Sun. Council clarified The Desert Sun article stated in was nine-pumps with 18 vehicle stacking capacity. PUBLIC SPEAKER: Greg Bever, Applicant with Lundin Development Company – said the owners of the Ralphs shopping center across the street are fully aware of the Pavilion Palms center proposal; adding fueling stations to grocery stores has become the new development model and Pavilions is installing them whenever possible; the design of the gathering spaces will be revised to increase and ensure safety; the developer is flexible and willing to reduce the two-year timeframe for landscaping the six vacant parcels; drive-through buildings could house coffee shops, financial institutions, casual dining, etc., the needs of retail are constantly changing and the developer would like to have the flexibility to accommodate the market needs; there is a proposal to have Starbucks both inside the Pavilions grocery store as well as a separate store in the center; Lundin Development Company is under contractual agreement with Albertson’s Corporation, parent company of Pavilions, who’s directive has been that the fueling station is a necessary component of their operation; the Pavilions are proposing 12 fueling stations as compared to the proposed 14 at the Ralph’s shopping center across the street; the exact location of the fueling station was not included in the site plan of the 2001 SP approval, neither was a left-turn required from the center onto Avenue 50, which becomes a requirement with the current proposal; explained the loading dock and fueling truck traffic circulation within the center; the CC&Rs between the developer and the HOAs would be reviewed and approved by the City to satisfy the project’s COA that there are adequate enforcement provisions; the developer has received “will serve” letters from the Coachella Valley Water District (CVWD); and storm water retention would be self-contained within the site. CITY COUNCIL MINUTES Page 14 of 16 FEBRUARY 4, 2020 General Council discussion recommended that the developer explore moving the gas station further north in the center, which could encourage vehicles to exit onto Jefferson Street instead; and the fueling station at its current location would hinder any ability to develop the center’s corner at Jefferson Street and Avenue 50 into a more iconic and experiential design. General discussion followed regarding the Pavilions grocery store would have been subject to different setback requirements if the retention basin immediately behind the center, owned and maintained by the Renaissance development, was zoned low-density residential; a fueling station is required to go through a rigorous permitting process with multiple outside agencies prior to being built, in addition to the City approving the site plan for the site; the addition of the COA requiring the developer to enter into CC&Rs was recommended by the Planning Commission as a response to concerns raised by residents during the public hearing to ensure the City was able to enforce maintenance standards, and such an agreement would create a contractual obligation related to addressing maintenance issues, that goes above and beyond what the City would be able to enforce under the municipal code. PUBLIC SPEAKER: Herb Lundin, Lundin Development Company – said entering into CC&Rs is a topic related to individual private property rights; an agreement would establish the maintenance standards agreed upon by the developer and the HOAs. General discussion followed about alternative traffic flow options in and out of the center; the developer would secure a bond to provide a second left-turn lane at Jefferson Street should it be needed in the future; potential back-up onto Avenue 50 from vehicles stacking at the fueling station; the fueling station’s current location takes away from making the Jefferson Street and Avenue 50 corner an iconic entrance into La Quinta; placement and monitoring of security cameras; center lighting; design of gathering spaces; the center is overparked by 32 spaces; the design should explore incorporating locations for Uber-type pick-up and drop-off; 12 electric vehicle stations are provided with this proposal, and building code regulations would require the developer to provide infrastructure for up to 33 stations at build-out; no pick-up locations were identified for grocery orders placed online; ability not to eliminate additional CUP and MUP permitting requirements as a method to implement increased control; and process and requirements to remove gas stations. PUBLIC SPEAKER: Marilyn Lang, La Quinta – sought clarification and assurances that the fueling station gasoline tank is in a secure location and its proximity to the Renaissance retention basin would not jeopardize it; who has the authority to determine that the need for building a second left-turn lane on Avenue 50 is triggered; and whether there is sufficient space for the lane. CITY COUNCIL MINUTES Page 15 of 16 FEBRUARY 4, 2020 Staff noted the City would monitor and determine the need for an additional lane, and confirmed there is sufficient room to implement it; and the additional permitting through the multiple outside agencies the fueling station would need to obtain prior to build-out, would consider the concerns raised by Ms. Lang above. PUBLIC SPEAKER: Marilyn Lang, La Quinta – said the Renaissance HOA has a letter dated January 2020 regarding a conversation with Bryan Patterson, the Environmental Supervisor for CVWD, stating he was concerned, but CVWD was not the permitting authority, and explained the land-use permitting authority was the State of California Regional Water Quality Control Board. Staff stated that CVWD was notified and provided comments on this project as part of the project review process; and Mr. Patterson’s comments are unclear as the City is the land-use permitting authority and entitling agency because the land is within the City’s jurisdiction. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 8:42 P.M. Council thanked the community for the engaged discussion and constructive comments provided; commended the Planning Commission for being detailed and thorough in their recommendations to the developer; and applauded Staff for their efforts with this project and their responsiveness to the questions and comments received by the community. Council discussed the City is looking for a high-quality development that maximizes the interactions between the adjacent and nearby land uses; it is Council’s obligation to lead to the vision of the City; the public gathering spaces are unsafe and not a cohesive part of the site plan; importance to improve the pedestrian engagement and circulation within the project, and consider use of more permeable paving; the Highway 111 Corridor Area Plan visioning aims to effectively integrate the public area use into the development design and incorporates shading components; the developer revised the site plan in an effort to respond to the Planning Commission’s recommendations, however, the site design as proposed is not up to the City’s high standards; the fueling station should be relocated further to the north along Jefferson Street, and its current location adjacent to the south-entry into the development poses safety concerns; the project is overparked and the landscape design should be integrated from the beginning; the Jefferson Street and Avenue 50 corner is an iconic entrance into La Quinta and the design should reflect it; a City monument could also be installed at this intersection; consider eliminating building 6; better activate the southwest corner of the center into the site design; importance to incorporate improved CITY COUNCIL MINUTES Page 16 of 16 FEBRUARY 4, 2020 shading through trees and other elements; the increasing use of Uber, Lyft, and electric vehicles; the project provides electric vehicle charging stations; retail trends are changing and retailers are adjusting to the evolving market; re-evaluate the number of proposed drive-through buildings, and try to attract high-end restaurants instead; the developer has the right to develop the property as originally zoned and permitted by the SP, and include a fueling station; re-evaluate the need for a left-hand turn onto Avenue 50 from the center; consider incorporating mixed-uses; importance to engage the community during the project design; the site design must be experiential; the previous owner of this site, Landmark, had offered it, years ago, to the City to build the Civic Center Campus; appreciation for bringing job opportunities in La Quinta; and the City of Indio is collecting tax revenue from La Quinta residents. Council expressed general support for the development, but the site design must be modified and improved pursuant to the comments provided during this public hearing before the project can move forward. Council discussed continuing the public hearing with 30 days to allow the applicant an opportunity to revise the site plan and present it to Council for further comments and direction. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 9:42 P.M. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to continue Public Hearing Item No. 2 until the March 3, 2020 regular Council meeting. Motion passed unanimously. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Peña/Radi to adjourn at 9:42 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California