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2022 07 05 CC Minutes Special Mtg - Coral Mtn ResortCITY COUNCIL MINUTES Page 1 of 7 JULY 5, 2022 SPECIAL MEETING CITY COUNCIL SPECIAL MEETING MINUTES TUESDAY, JULY 5, 2022 CALL TO ORDER A special meeting of the La Quinta City Council was called to order at 4:02 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk Radeva, Acting Deputy City Clerk McGinley, Director of Business Unit and Housing Development Villalpando, Community Resources Director Escobedo, Public Works Director/City Engineer McKinney, Finance Director Martinez, Design and Development Director Castro, Planning Manager Flores. CONSULTANT PRESENT: Planning Consultant Nicole Criste, CEO, Terra Nova Planning & Research, Inc. PLEDGE OF ALLEGIANCE Councilmember Sanchez led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Brad Anderson, Rancho Mirage – opposed the Council’s motion from the June 21, 2022, regular Council meeting, regarding implementing Assembly Bill 361 (Stats. 2021, CH. 165), 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.). Mr. Anderson said he believes Council’s action was illegal; and asked that Council reconsider its motion. City Attorney Ihrke explained that AB 361 was enacted to allow an alternative teleconference accessibility for attendance and participation of public meetings of the City’s legislative bodies, which allowed local agencies to continue to meet remotely, following the COVID-19 pandemic. The CITY COUNCIL MINUTES Page 2 of 7 JULY 5, 2022 SPECIAL MEETING teleconference provisions under AB 361 permit teleconference accessibility but do not require it. CONFIRMATION OF AGENDA – Confirmed PUBLIC HEARING 1. REMAINED OPEN AND CONTINUED FROM JUNE 7, 2022: CONTINUE PUBLIC HEARING FOR ENVIRONMENTAL ASSESSMENT 2019-0010, SPECIFIC PLAN 2019-0003 (AMENDMENT V TO ANDALUSIA SPECIFIC PLAN), GENERAL PLAN AMENDMENT 2019-0002, ZONE CHANGE 2019-0004, SPECIFIC PLAN 2020-0002, DEVELOPMENT AGREEMENT 2021-0002 AND TENTATIVE TRACT MAP 2019-0005, AT THE APPLICANT’S REQUEST; CEQA: CORAL MOUNTAIN RESORT ENVIRONMENTAL IMPACT REPORT (SCH #2021020310); LOCATION: SOUTH OF AVENUE 58, NORTH OF AVENUE 60, AND EAST AND WEST OF MADISON STREET Mayor Evans said this item was considered for the first time by the Council at the June 21, 2022, during which Council received a presentation of the staff report, the Environmental Impact Report (EIR), a presentation from the applicant, and verbal and written public testimony; consideration of the item was continued to this July 5, 2022, special Council meeting; and the applicant has requested a continuance of this item. MAYOR EVANS NOTED THE PUBLIC HEARING REMAINED OPEN AT THE JUNE 7, 2022, MEETING Mayor Evans requested that the applicant speak regarding the request for continuance; and noted that all public testimony to date, both written and verbal, has been received, and is on file and incorporated into the public record for the project; and public testimony at tonight’s meeting should not be repetitive of prior comments that are already on file, and should be regarding the applicant’s request for continuance. Mayor Evans said the City has received numerous comments questioning why this project is being considered and asked City Attorney Ihrke to explain the due process to which every property owner is entitled. City Attorney Ihrke explained that anytime the City receives an application for a land use, approval is rooted in the due process clauses in the Federal and California State constitutions which allow for zoning regulations, land use controls and other property regulations all of which require applicants and cities to follow a review process. California has delegated to cities, authority over land use in their CITY COUNCIL MINUTES Page 3 of 7 JULY 5, 2022 SPECIAL MEETING jurisdictions provided cities’ Municipal Code, Zoning Code, General Plan, etc. are not inconsistent with the Federal and State constitutions. PUBLIC SPEAKER: John Gamlin, President, CM Wave Development – explained the applicant’s request to continue the item by 60 days to allow the company to explore alternatives regarding lighting and neighbor concerns, and to seek guidance and clarity from State agencies regarding water use and noise legislation. Council’s questions and comments were about water not being the major issue at present but the need to have good reason to amend the zoning code which requires finding solutions to the project’s impacts such as noise, lighting, pool temperatures, pool cleanliness, pool evaporation, rising humidity, long range and regional impacts, quality of life for residents, and the project’s benefit to residents and area housing; no local government or public agency has the authority to deny any land use application without due process; and applicants have the right to due process, a fair and transparent process, and that includes this first request for a continuance. PUBLIC SPEAKER: Richard Gray, La Quinta – requested that Council deny the request for continuance; and opposed the project due to drought conditions. PUBLIC SPEAKER: Scott Connelly, La Quinta – opposed the project; noted that the project is getting national attention on the John Oliver show; and thanked the Council for their thorough consideration and attention to residents’ comments. PUBLIC SPEAKER: Penny Boehm, La Quinta – submitted a Request to Speak form noting she will wait until the next meeting to speak on this project; and provided written comments requesting that no public testimony is received at tonight’s meeting. PUBLIC SPEAKER: Brian Levy, La Quinta [received speaker donated time by resident Dennis McLatcher] – said he opposes continuing the project; noted everyone is entitled to due process; asked that there be a level playing field in which residents are allowed sufficient time to review and digest the new information that the applicant might provide in September in order to be able to provide comments. PUBLIC SPEAKER: Lisa Jefferey, La Quinta [received speaker donated time by resident Sandy Lanham] – opposed the project and spoke about the evaporation data in CVWD’s water report; and stated that a golf course uses significantly less water per year. CITY COUNCIL MINUTES Page 4 of 7 JULY 5, 2022 SPECIAL MEETING PUBLIC SPEAKER: Louis Zakin, La Quinta [received speaker donated time by resident Sheila Warren] spoke on behalf of Rick Roth – opposed the project; presented a 13-year financial analysis of the project based on the information attainable which foresees a 91% chance of bankruptcy within 13 years; wave parks are an unproven venture; and any economic advantages of the project do not justify the unmitigated ecological impacts. PUBLIC SPEAKER: Steve Jefferey, La Quinta [received speaker donated time by resident Rick Owen] – opposed the project and spoke about the new information on noise impacts from wave parks to surrounding communities; and cities’ responsibility to protect its residents from noise, including low- frequency noise; and requested the EIR be recirculated after a more complete on-site noise study is done using current standards as the current study is flawed. PUBLIC SPEAKER: Alena Callimanis, La Quinta [received speaker donated time by residents Andrea Lawent, Judy Horjacky, and Richard Harris] – opposed the project and spoke about flaws in the noise study; the value of homes in the area on the County tax rolls; the impact of the project’s water use on the aquifer absent availability of Colorado River water; the unmitigated greenhouse gas emissions; and the meeting with Lisa Castro and the letter from the applicant’s legal counsel, who was not in attendance of that meeting. Ms. Callimanis provided a slide show which was printed and distributed to Council, made publicly available to attendees at the meeting, and included in the public record for this meeting. Councilmember Radi explained his comment about resident Lisa Castro’s correspondence was not an interpretation of his position on the project, but rather he appreciated that Ms. Castro’s comments were well written, on point, constructive, and respectful. PUBLIC SPEAKER: Kathrine Chevalier, La Quinta [received speaker donated time by resident Bobbie Fleury] – spoke about Imperial Irrigation District’s (IID) energy crisis and its commitment to provide power to only Phase 1 of the project as noted in the EIR which is now invalid; and opposed the project. PUBLIC SPEAKER: Joan Sanka, La Quinta – opposed the project due to the historic natural environment and its destruction by this project; the importance of La Quinta’s hiking trails; and the restriction of access and obstruction to the area trails. PUBLIC SPEAKER: Carol Strop, La Quinta – opposed the project and the applicant’s request for continuance; and suggested alternative uses for the land. CITY COUNCIL MINUTES Page 5 of 7 JULY 5, 2022 SPECIAL MEETING PUBLIC SPEAKER: Dorothy Dupree, La Quinta – opposed the project and the applicant’s request for continuance due to water use. Council discussed the developer’s right to due process where the developer has an opportunity to make his case, as does the public; and time is needed to read and digest the new information, and to explore the valid points raised during public comment. City Attorney Ihrke explained that if Council refused to give developers their due process, the developers’ remedy would be to obtain a writ of mandate from the court to compel the Council to comply with state and federal law. PUBLIC SPEAKER: Brad Anderson, Rancho Mirage – opposed the project; and said the matter needs to be continued because the Council suspended AB 361 for this meeting so those who may have wanted to attend virtually are not able to do so. City Attorney Ihrke reiterated the AB 361 teleconference accessibility pursuant to the Brown Act is permissive and not required, and Council has the discretion to implement such accommodations. The public hearing notice for this item complied with the content and publication requirements under the Planning and Zoning State law. The teleconference accessibility in effect at the June 7, 2022, Council meeting, were amended by a subsequent Council action on June 21, 2022, which is currently in effect for tonight’s meeting, and teleconference accessibility will be made available in instances when in-person public meetings are not possible, due to health and safety risks due to COVID-19, and public meetings need to be conducted virtually instead. Council continued their discussion regarding the importance of public input and the publications and information residents provided to Council; the learning experience during the process; that decisions are made based on facts and fairness, and Council’s motions are not predetermined; appreciation for residents who provide facts, not just demand the Council deny the project; emails received by Council both pro and con, respectful and disrespectful; the technical assessment required of the Planning Commission; the boarder view of the Council in reviewing a project; and the hurdles the applicant has to overcome to design a project that is a benefit to the community and has the support of residents and Council. City Attorney Ihrke said the Council can request that the developer provide updated, revised information for the Council, staff and residents to review prior to the next Council hearing date on the project. CITY COUNCIL MINUTES Page 6 of 7 JULY 5, 2022 SPECIAL MEETING MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:51 P.M. MAYRO EVANS RECONVENED THE COUNCIL MEETING AT 5:59 P.M. WITH ALL MEMBERS PRESENT PUBLIC SPEAKER: John Gamlin, President, CM Wave Development agreed that his company and its consultants could do their analysis and submit the bulk of any new information/alternatives to City staff by August 15, 2022, and the remainder of new information could be submitted no later than 10 days prior to the next hearing date on the project (September 21, 2022). PUBLIC SPEAKER: Phillip Novak, La Quinta – asked the Council to provide residents with an equal amount of time, i.e., two months, if they request it in order to complete their review and analysis of the new information the developer submits. THE PUBLIC HEARING REMAINED OPEN UNTIL SEPTEMBER 21, 2022 MOTION – A motion was made and seconded by Councilmembers Peña/Radi to continue this Public Hearing at a special meeting to be held on Wednesday, September 21, 2022, 4:00 p.m., at City Hall. Motion passed unanimously. The following WRITTEN PUBLIC COMMENTS, listed in alphabetical order, were received, distributed to Council, made available on the City’s website, and included in the record of this meeting:  Brad Anderson, Rancho Mirage – opposed the removal of AB 361  Penny Boehm, La Quinta – supports the applicant’s request for continuance, and requested that no public comments be allowed on the project that are not related to the request for continuance  Wendy Clarke, La Quinta – opposed the project  Judy and Russell DeCausemaker, La Quinta – opposed the project  Christopher Lovrien, La Quinta – supports the project  Shay Nadler, La Quinta – opposed the project  Celeste Varela, La Quinta – opposed the project  Kathy Weiss, La Quinta – provided an article entitled “Water Wars Come to the Suburbs” MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Peña congratulated everyone on the country’s celebration of Independence Day. Mayor Evans reminded the audience that the Nine Cities Blood Challenge is currently underway and encouraged folks to donate blood; noted Amazon’s CITY COUNCIL MINUTES Page 7 of 7 JULY 5, 2022 SPECIAL MEETING new partnership as a donor to the Find Food Bank; and reported on her attendance at the Chamber of Commerce installation awards dinner and the meeting with the Desert Valley Builders’ Association. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Peña/Radi to adjourn at 6:10 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California