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2021 09 28 CC & PC Minutes Sp Joint MtgSPECIAL JOINT MEETING Page 1 of 7 SEPTEMBER 28, 2021 CITY COUNCIL & PLANNING COMMISSION MINUTES SPECIAL JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION MINUTES TUESDAY, SEPTEMBER 28, 2021 CALL TO ORDER A special joint meeting of the La Quinta City Council and La Quinta Planning Commission was called to order at 5:00 p.m. by Mayor Evans. This meeting provided teleconferencing accessibility pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.). PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None PRESENT: Commissioners Caldwell, Currie, Hassett, McCune, Proctor, Tyerman, and Chairperson Nieto ABSENT: None STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk Radeva, Management Assistant McGinley, Design & Development Director Castro, Planning Manager Flores, Public Works Director/City Engineer McKinney, Management Director of Business Unit and Housing Development Villalpando, Community Resources Director Escobedo CITY CONSULTANT PRESENT: Consulting Planner Nicole Criste with Terra Nova Planning & Research MAYOR EVANS ACTED AS PRESIDING OFFICER OVER THE JOINT MEETING PLEDGE OF ALLEGIANCE Councilmember Sanchez led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA – Confirmed SPECIAL JOINT MEETING Page 2 of 7 SEPTEMBER 28, 2021 CITY COUNCIL & PLANNING COMMISSION MINUTES STUDY SESSION 1. DISCUSS THE WAVE AT CORAL MOUNTAIN PROJECT DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) City Consulting Planner Nicole Criste presented the staff report, which is on file in the Clerk’s Office. Council discussed traffic analysis procedure; incorporating the State’s updated greenhouse gas emission mitigation; traffic “trips” anticipated at the busiest intersection of Washington Street and Highway 111 for comparison; one Development Agreement for the entire project covering all Site Development Permits; timing of traffic signal installation; future decision regarding installing cameras at intersections; process for street lighting survey; non-mitigatable impacts of public views and greenhouse gases; trips per day during special events; use of reclaimed water in the future if Coachella Valley Water District makes it available in that area; Imperial Irrigation District power sufficiency for the project; and inclusion of solar panels on all rooftops. Commissioners discussed the mitigation of cultural and tribal resources; special event traffic management; water consumption data and how calculated; perimeter wall construction timing; public recreation trail through/around the development; inclusion of greenhouse gas levels from construction products as part of construction period numbers, not post-completion numbers; light pollution and 80’ high poles by the wave basin; list of water features for aesthetic and/or hydrological purposes in EIR table 4.9-1; visual impact of light poles and light impacts on neighboring communities both during day and night; photometric data in EIR exhibits 4.1.14 through 4.1.19; inclusion of service vehicle traffic in traffic study; offsite improvements on Avenue 60; water source for surf park – domestic, well, or canal water is to be determined; timing of development phases are to be determined; request for a demonstration installation of one or two proposed 80’ light poles to definitively determine impact; whether traffic study analyzed impacts on two PGA West entry/exit gates; and the coming analysis of this development’s consistency with the City’s General Plan. Project Manager John Gamlin with CM Wave Development, LLC., provided a brief presentation on the project’s impressions and benefits, comment and questions raised, and design features in progress. Mr. Gamlin and staff answered Councilmembers’ and Commissioners’ questions regarding the number of pole lights (answer: 17); means to restrict the private wave park from transitioning to a public facility in the future (answer: Conditions of Approval will be the legal enforceable document); contingency plan if wave park becomes non-viable or unsustainable in the future (answer: redevelopment will be proposed); and difference between water use of a golf course development versus this wave park SPECIAL JOINT MEETING Page 3 of 7 SEPTEMBER 28, 2021 CITY COUNCIL & PLANNING COMMISSION MINUTES development (answer: golf course uses 100 acre feet more water annually – wave park development will use about 20% less water). PUBLIC SPEAKERS IN-PERSON - comments in opposition to the proposed project were provided by the following citizens, listed in the order in which they spoke:  Bruce Bauer, La Quinta – spoke on behalf of a myriad of residents who are concerned about this project as it would change the fundamental character of the City, which as these residents see it is defined by developments that are low-density, quiet, low traffic, and present unencumbered mountain vistas that are illuminated by the stars at night; the proposed project of a large scale commercial enterprise, which will hold re-occurring festivals, with 150 rooms, 600 residential units, which can be operated as short-term vacation rentals (STVRs), increase traffic, and include an enormous surf basin which will be heavily illuminated does not fit the characteristic development in the Gem of the Desert; and noted the main concerns regarding this project are with regards to traffic, water, and noise.  Derek Wong, La Quinta – spoke on behalf of La Quinta Residents for Responsible Development: “Say NO to the Wave,” currently 1,000 members and growing, in opposition of this project; and spoke of the summary responses submitted to the Draft EIR by the Bighorn Institute, Center for Biological Diversity, California Department of Fish and Wildlife, and the Southwest Regional Council of Carpenters.  Robert (Bob) Lasser, La Quinta – noted the critical importance of following the 2035 La Quinta General Plan and spoke in opposition of the proposed zone change to Tourist Commercial requested by the developer.  Sheila Warren, La Quinta – said the private resort and variances requested by the developer conflict with the 2035 La Quinta General Plan, and this project would not benefit the La Quinta community.  Sandra Stratton, La Quinta – spoke about Section 4.1 – Aesthetics of the proposed Draft EIR and the adverse impact of the project’s lighting and glare on the neighboring communities, Coral Mountain, and wildlife.  Carolyn Winnor, La Quinta – spoke about the adverse impact of the resort noise that would be generated by the proposed project and that it conflicts with the 2035 La Quinta General Plan.  Robin Nenninger, La Quinta – spoke about the adverse impact of special events and STVRs that would be generated by the proposed project to the surrounding communities. SPECIAL JOINT MEETING Page 4 of 7 SEPTEMBER 28, 2021 CITY COUNCIL & PLANNING COMMISSION MINUTES  Laura DuMaurier, La Quinta – spoke about the impact of Greenhouse Gases and Electrical/Energy impacts of the proposed project with respect to the 2035 La Quinta General Plan and Draft EIR.  Kelly Welton, La Quinta – spoke about the ongoing drought in the U.S. Southwest with respect to the 2035 La Quinta General Plan and Draft EIR, the importance of conservation of natural resources, and the efficient use and conservation of the City’s water resources.  Alena Callimanis, La Quinta – spoke about the water supply assessment provided in Appendix M of the Draft EIR and 2035 La Quinta General Plan Section on Conservation of Natural Resources II-136.  Rob Michiels, La Quinta – spoke about potential adverse impacts to the surrounding comminutes from the proposed sub-phased project build-out by the developer as it is based on “consumer and market demand” and may never be completed; and the rezoning requested by the developer is not consistent with the 2035 La Quinta General Plan as it is not residentially focused. The following PUBLIC SPEAKERS VIA TELECONFERENCE ACCESSIBILITY, listed in the order in which they spoke, provided VERBAL COMMENTS:  James Rose, La Quinta – expressed concerns about the traffic impacts the proposed project would cause for the community; noted that this project does not complement or benefit the La Quinta community in any way; and the proposed use is incompatible with the General Plan.  Mike Charles, La Quinta – said the project is not compatible with the General Plan; according to California Environmental Quality Act (CEQA) guidelines the Draft EIR must be made available and readable in such a way as to understand its content by the average citizen, which this report is not; the traffic flow data used is inaccurate calendar date recording, thus its data collection sways any conclusions; recommended that the project be denied; the proposed project location was meant for a residential and not a commercial development, which if approved would drastically affect the residential fabric of the area.  Omar Cobian, La Quinta – also a member of the Southwest Regional Council of Carpenters – requested that the City require the developer to use skilled and local trained workforce should the development be approved; he does not oppose the project, but recommended that workforce requirements be imposed should the project be approved. SPECIAL JOINT MEETING Page 5 of 7 SEPTEMBER 28, 2021 CITY COUNCIL & PLANNING COMMISSION MINUTES  Jeffrey Rasak, La Quinta – also serving as the President, Chairman, and CEO of Sterling Development Corporation in San Diego; noted he is opposed to the project; he has read the Draft EIR and was disappointed, he does not believe the project is sustainable; the project is not compatible with the General Plan; the developer does not have the experience and track-record to complete this project; expressed concerns about the proposed 80’ light features; and encouraged the Council not to approve the project.  Mary Herrington, La Quinta – said the presentation of the project and findings are biased; the project is not a “done deal;” and Council should investigate all of the relevant facts. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 7:41 P.M. MAYOR EVANS RECONVENED THE SPECIAL JOINT MEETING AT 7:48 P.M. WITH ALL MEMBERS OF THE CITY COUNCIL AND PLANNING COMMISSION PRESENT PUBLIC SPEAKERS IN-PERSON – comments in support of the proposed project were provided by the following citizens, listed in the order in which they spoke:  David Hilts, Palm Desert – founded non-profit Coachella Valley Surf Club focused on introducing surfing to kids and assisting kids with obtaining the necessary equipment; there are three other projects for surf parks in the Coachella Valley that have been approved; spoke in support of the project and said it will benefit the community.  Tom Klein, La Quinta – helped open many hotel/resort facilities in Australia, South Africa, Europe, United States, and Latin America; has been following the planning and development of this project for about five years very closely due to his sensitivity and concern for the environment and sustainability; he understands the concerns and hurdles that can be associated with projects of this magnitude, but the concerns voiced tonight will be addressed through the review process; the La Quinta community needs to evolve and change and embrace projects like this in a positive way, and be mindful not only of the local community, but also of what we would want our community to look like in 10-15-20-30 years; this project can provide a new lifestyle community for La Quinta; embrace the new fundamental philosophy of living younger, longer; and the developer has guaranteed funding for this project.  David Turner, La Quinta – the proposed project is an upscale private resort with boutique hotel that is intended to complement the surrounding area, and its wave park and myriad of outdoor amenities will bring a fresh new vibe to the area attracting the younger active-lifestyle adult this community needs; will provide opportunities for new homeownership, create new jobs SPECIAL JOINT MEETING Page 6 of 7 SEPTEMBER 28, 2021 CITY COUNCIL & PLANNING COMMISSION MINUTES for the community, generate revenues for the City, and utilize sustainable methods of operations; he plans to build a home adjacent to the project; and La Quinta is fortunate that the developer has chosen to locate this development here.  Joe Hammer, La Quinta – long-time Coachella Valley resident and long-time landowner in La Quinta; noted new developments often are opposed by residents and gave examples of the local commercial and residential developments that were strongly opposed but became successful in the cities of Palm Springs, Palm Desert, and La Quinta; owns land adjacent to this project; this project is a great addition to the community, it will generate revenues for the City, and will help deter the crime problem; the community continues to grow and evolve; and expressed his support for the project.  Fritz Bachli, La Quinta – spoke about how similar developments would be processed in Switzerland; and encouraged the audience to visit Switzerland and visit the surf park there. The following citizens submitted requests to speak in support of the project, but were not present when called upon for public comment:  Bryan Levy, La Quinta  James Sanderson, La Quinta  Harold Portillo, Kelly Slater Wave Company, Los Angeles  Chris Phebus, Kelly Slater Wave Company, Los Angeles  Daniel Richland, La Quinta  Connie Varelli, La Quinta WRITTEN PUBLIC COMMENTS – City Clerk Radeva reported that the following correspondence was received, listed in alphabetical order, which were distributed to Council, made publicly available, and were included in the public record and agenda packet of the meeting:  Anonymous Attendee (via Zoom teleconference) – opposing the project  Mike Charles, La Quinta – opposing the project  Laura Clarke, Rancho Mirage – opposing the project  Desert Recreation District (Kevin Kalma, General Manager) – supporting the project  Chris Hubbard, La Quinta, of The Hubbard-Stratton Group – supporting the project  Carol Lynn McNally, La Quinta – opposing the project  *Scott Moore, La Quinta (via Zoom teleconference) – supporting the project  Anne O’Brien, La Quinta – opposing the project  Greg R, Indio – opposing the project  *Edward Smilow, La Quinta – opposing rezoning the project area SPECIAL JOINT MEETING Page 7 of 7 SEPTEMBER 28, 2021 CITY COUNCIL & PLANNING COMMISSION MINUTES  Tahquitz Group of the Sierra Club (Joan Taylor, Conservation Chair) – requesting the construction of a barrier, within two years of development, to protect the adjacent bighorn sheep natural habitat from the proposed project.  *Connie Varelli, La Quinta – supporting the project *Written Comments listed in italic above were received after the start of the meeting, but prior to its adjournment; these comments were not verbally announced during the meeting, however, they were included in the public record and agenda packet of the meeting. The following public speakers who provided verbal comments as listed above also submitted their presentations to be included as WRITTEN PUBLIC COMMENTS for the public record and agenda packet of the meeting (the presentation materials are listed in the order in which they were provided and presented):  Derek Wong, La Quinta  Robert (Bob) Lasser, La Quinta  Sheila Warren, La Quinta  Sandra Stratton, La Quinta  Carolyn Winnor, La Quinta  Robin Nenninger, La Quinta  Laura DuMaurier, La Quinta  Kelly Welton, La Quinta  Alena Callimanis, La Quinta  Rob Michiels, La Quinta Councilmembers and Planning Commissioners thanked staff and speakers for their presentations and comments, noted all comments are reviewed and taken into consideration, and explained that this session was merely one step in a long and thorough process of evaluation of the project. COUNCIL AND PLANNING COMMISSION MEMBERS’ ITEMS – None ADJOURNMENT – CITY COUNCIL AND PLANNING COMMISSION There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn the joint special meeting at 8:24 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California