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2000 08 15 CC Minutes " LA QUINTA CITY COUNCIL ,- MINUTES AUGUST 15, 2000 A regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Pe~a. PRESENT: Council Members Henderson, Perkins, Sniff, Mayor Pefia ABSENT: Council Member Adolph MOTION - It was moved by Council Members Sniff/Henderson to excuse Council Member Adolph. Motion carried unanimously. PUBLIC COMMENT - None CLOSED SESSION 1. Conference with labor negotiators Ski Harrison, Mark Weiss, and John Ruiz regarding negotiations with the La Quinta City Employees Association pursuant --- to Government Code Section 54957.6 - Meet and Confer Process. 2. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to Subdivision (b) of Government Code Section 54956.9 (one case). Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. The City Council meeting reconvened with no decision being made in Closed Session which requires reporting pursuant to Section 54957.1 of the Government Code (Brown Act). Mayor Pe~a led the audience in the Pledge of Allegiance. PUBLIC COMMENT Roslyn Taradash, 75362 Desert Park Drive, Indian Wells, asked for the Council's assistance in obtaining a refund of fees paid to the City for a computer class she was unable to attend. City Council Minutes 2' August 15, 2000 CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of August 1, 2000, as submitted. Motion carried unanimously with Council Member Adolph ABSENT. ANNOUNCEMENTS - None PRESENTATIONS Alan Abell, of American Cancer Society, presented a video on the American Cancer Society's "Relay for Life" event to be held at the La Quinta High School on October 14 and 15 and urged the City's participation in the event. WRITTEN CORRESPONDENCE - None CONSENT CALENDAR Mayor Pe~a asked for Item No. 13 to be pulled for separate action due to a potential conflict of interest. 1. APPROVAL OF DEMAND REGISTER DATED AUGUST 15, 2000. 2. APPROVAL OF TREASURER'S REPORT DATED JUNE 30, 2000. 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT DATED JUNE 30, 2000, AND SUMMARY OF INVESTMENTS REPORT FOR THE QUARTER ENDING JUNE 30, 2000. 4. APPROVAL OF MODIFICATIONS TO THE CITY OF LA QUINTA'S TENTH ANNIVERSARY PLAQUE. 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR PERSONNEL/RISK MANAGER TO ATTEND THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY RISK MANAGEMENT CONFERENCE IN SAN DIEGO, CALIFORNIA, OCTOBER 12-13, 2000. City Council Minutes 3 August 15, 2000 6, APPROVAL OF LOCAL LAW ENFORCEMENT BLOCK GRANT ADVISORY BOARD RECOMMENDATION. 7. ADOPTION OF POLICIES REGARDING CLOSURE OF STREETS TO VEHICULAR TRAFFIC. (RESOLUTION NO. 2000-99) 8. ACCEPTANCE OF STREET RIGHT-OF-WAY DEDICATION - SANTA CARMELITA AT VALE LA QUINTA, UNIT 14. (RESOLUTION NO. 2000-100) 9. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF BERG AND ASSOCIATES TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES TO SUPPORT ASSESSMENT DISTRICT 2000-01, PHASE VI IMPROVEMENTS AREAS A, B, C, D, AND THE PROTOTYPICAL STREET IMPROVEMENTS. 10. ACCEPTANCE OF PROJECT NO. 98-05, CITY ENTRANCE MONUMENTS. 11. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL 29736, POINT HAPPY, MADISON DEVELOPMENT, INC. (RESOLUTION NO. 2000-101 ) 12. ACCEPTANCE OF PROJECT NO. 98-09, WASHINGTON STREET BRIDGE IMPROVEMENT PROJECT. 13. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 23935-4, CENTURY HOMES. (See separate action below.) 14. APPROVAL TO REJECT THE BID FROM GRANITE CONSTRUCTION FOR THE UTILITY UNDER-GROUNDING ON PHASE VIA - VILLAGE COMMERCIAL (MODIFIED) AND PHASE VI C - WESTWARD HO. 15. APPROVAL OF REQUEST BY THE CULTURAL ARTS COMMISSION TO UTILIZE THE COUNCIL CHAMBERS FOR THE CULTURAL SYMPOSIUM ON NOVEMBER 4, 2000. MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the exception of Item No. 13 and with Item Nos. 7, 8 and 11 being approved by RESOLUTION NOS. 2000-99, through 2000-101 respectively. Motion carried unanimously with Council Member Adolph ABSENT. MINUTE ORDER NO. 2000-154. City Council Minutes 4 August 15, 2000 Council Member Henderson spoke regarding Item No. 10 and stated she was pleased with the outcome of placing a gold ring around the City Seal on the City entrance monuments. Item No. 13 MOTION - It was moved by Council Members Henderson/Perkins to accept improvements to Tract 23935-4 (Century Homes) and authorize staff to release security upon receiving warranty security. Motion carried unanimously with Council Member Adolph ABSENT and Mayor Pe~a ABSTAINING. MINUTE ORDER NO. 2000-155. BUSINESS SESSION 1. CONSIDERATION OF JOINING AMICI CURIAE BRIEF IN SUPPORT OF THE COUNTY OF SONOMA IN COUNTY OF SONOMA V.S. CALIFORNIA DEPARTMENT OF FINANCE, I CIV. NO. A-089524, REGARDING ERAF PROPERTY TAX ISSUES. City Attorney Jenson presented a brief staff report and recommended the City's name be added to the amici curiae brief. Council concurred. MOTION - It was moved by Council Members Sniff/Henderson to authorize the City Attorney to add the City's name to the amici curiae brief in support of the County of Sonoma in County of Sonoma vs. California Department of Finance, 1 Civ. No. A089524, regarding ERAF property tax issues. Motion carried unanimously with Council Member Adolph ABSENT. MINUTE ORDER NO. 2000-156. 2. CONSIDERATION OF COMMUNITY SERVICES GRANT REQUESTS. Community Services Director Horvitz presented the staff report. Jeanne Parrish, 65 Colgate Drive, Rancho Mirage, Director of Meals On Wheels, asked Council to support their grant request. Elaine Reynolds, 49-294 Avenida Vista Bonita, President of La Quinta Arts Association, urged Council to support their grant request and stated they hope to use some of the grant money for building improvements. City Council Minutes 5 August 15, 2000 Stewart Woodard, 51-370 Avenida Bermudas, and Sherry Bonnett, 76-593 Begonia Lane, Palm Desert, both spoke in support of the La Quinta Art Association's grant request. Lana Sherman, 43-375 Cook Street, Palm Desert, President of Soroptimist of La Quinta, urged support of a grant request to cover the rental fees to use the Senior Center for their meetings. Council proceeded to consider the grant requests as follows: Meals on Wheels In response to Council Member Henderson, Ms. Parrish confirmed the meal subsidy part of the program is new. MOTION It was moved by Council Members Sniff/Perkins to approve a Community Services Grant to Meals on Wheels in the amount of ~4,000 from the Special Projects Contingency Fund. Motion carried unanimously with Council Member Adolph ABSENT. MINUTE ORDER NO. 2000-157. La Quinta Arts Association Council Member Sniff stated he understood there's some concern about the City providing funds for operational support for a profit-making business and suggested granting funds for improvements to the building only. In response to Council Member Perkins, Ms. Reynolds stated the insurance coverage listed in the grant application is for liability insurance. She also confirmed the Association receives 20% of artwork sales at the facility and that they do not provide art scholarships. In response to Mayor Pe~a, Ms. Reynolds stated the small profit they make is used to maintain and upgrade the building. She added the Chamber is considering requiring the Association to pay for all the utility costs. She explained the method artists are judged by a jury panel to qualify for display space in the building. Council Member Perkins questioned how the Association can be a non-profit organization if they receive a percentage from sales. Council Member Henderson noted the Association receives support from the City through its use of the Chamber of Commerce building. She wished to see the group be successful but felt it's difficult to use grant funds to support City Council Minutes 6 August 15, 2000 individual artists who make their living as a result of the grant. She was willing to help with operation costs such as insurance and would support helping with building improvement costs after the City's street improvements are completed in that area. Mayor Pe~a concurred. Council Member Sniff suggested a grant of $4,000 plus an additional 95,000 for building improvements. Council Member Perkins felt it was premature to allocate building improvement funds since the street improvements would not be completed until next spring and suggested that portion of the grant request come back at a later date. Council Member Henderson suggested considering the building improvement funds during mid-year budget considerations. She wished to know the Chamber's commitment to the building before granting funds to improve the facility. Council Member Perkins agreed and stated he felt the Chamber should help the Association with the maintenance/gardening costs. Mayor Pe~a stated a 94,000 grant was the upper limit of what he could support and noted the City's initial support was intended to be seed money to help the organization get started. MOTION - It was moved by Council Members Sniff/Henderson to approve a Community Services Grant to the La Quinta Arts Association in the amount of 94,000 from the Special Projects Contingency Fund and to direct staff to bring back consideration of additional funding for building improvements at the mid-year budget review. Motion carried unanimously with Council Member Adolph ABSENT. MINUTE ORDER NO. 2000-158. Soroptimist of La Quinta In response to Mayor Pe~a, City Manager Genovese advised City policy does not allow the waiver of rental fees for the Senior Center. Council Member Henderson noted there are no restaurant facilities in the City for groups to hold their meetings. She suggested looking at the grant as a one-year request and reducing it to 50% if it comes in the second year and phasing it out by the third year. __ C!ty Council Minutes 7 August 15, 2000 Mayor Pe~a suggested a rental discount when the facility is rented on a yearly basis. In response to Council Member Perkins, Ms. Horvitz confirmed the early morning Soroptimist meetings do not conflict with other Senior Center activities. MOTION - It was moved by Council Members Sniff/Henderson to approve a Community Services Grant to Soroptimist of La Quinta in the amount of 94,070 from the Special Projects Contingency Fund. Motion carried unanimously with Council Member Adolph ABSENT. MINUTE ORDER NO. 2000-159. American Cancer Society "Relav for Life" Mayor Pe~a suggested the Silver Sponsorship at 92,500 and sponsoring the Kids Camp in addition to the City putting together a team for the event. Council Member Henderson agreed with the Silver Sponsorship but suggested sponsoring the Movie Tent instead of Kids Camp. Council concurred. MOTION - It was moved by Council Members Sniff/Henderson to approve a Community Services Grant to the American Cancer Society "Relay for Life" in the amount of 92,500 (Silver Sponsorship/Movie Tent) from the Special Projects Contingency Fund. Motion carried unanimously with Council Member Adolph ABSENT. MINUTE ORDER NO. 2000-160. Trian.qular Adoption Program Ms. Horvitz noted the unexpended funds allocated for the program in FY 1999/2000 did not get carried over into this year's budget. She advised the program is tentatively scheduled to be launched on September 20, 2000. In response to Council Member Henderson, Ms. Horvitz explained the increase in the amount of funding requested is for transportation costs. MOTION - It was moved by Council Members Henderson/Sniff to approve a Community Services Grant for the Triangular Adoption Program in the amount of 93,640 from the Special Projects Contingency Fund. Motion carried -- unanimously with Council Member Adolph ABSENT. MINUTE ORDER NO. 2000-161. City Council Minutes 8 August 15, 2000 3. CONSIDERATION OF RESPONSE TO THE PROPOSED BIGHORN SHEEP CRITICAL HABITAT BOUNDARY AND RECOVERY PLAN. Community Development Director Herman presented the staff report and reviewed the proposed boundary lines on a map. He noted comments on the proposed boundaries are due to U. S. Fish and Wildlife by August 31, 2000. Council Member Henderson noted that part of her front yard is within the proposed habitat boundary. Council Member Perkins felt existing residential areas and the La Quinta Hotel should be excluded from the habitat. Wayne Hancock, 55-920 PGA Boulevard, of KSL, urged the Council to strongly oppose the proposed boundaries and pointed out La Quinta and Palm Springs are the two cities most impacted by the proposal. He noted the recovery plan distributed in January referred to "essential habitat" boundaries instead of critical habitat boundaries in order to avoid identifying critical lambing and watering areas. As a result, Fish and Wildlife were sued by The Southwest Center for Bio-Diversity and were required to identify the critical habitat in the recovery plan. However, the proposed critical habitat area is now larger than the "essential habitat." He felt the intent of the proposed habitat boundary is not to protect bighorn sheep but rather an attempt at land-use control. He also spoke regarding public access to the mountains and urged Council to ask the Coral Reef Mountains and the area south of the Cove to be removed from the critical habitat and to be retained for public access. Council Member Perkins was concerned about the government's land-grab action and stated he could not support the proposed critical habitat boundaries. Council Member Sniff concurred. Council Member Henderson noted any kind of development around the mountain area usually requires some type of Federal permit which opens the door for the complexities of the critical habitat. She also noted the proposed boundary includes a large residential area in the Cove and questioned how it would affect those residents. She supported the City strongly opposing the proposed boundaries and making a substantial case to eliminate the Coral Reef Mountains from the critical habitat. Mayor Pe~a concurred. City Council Minutes 9 August 15, 2000 In response to Mayor Pefia, City Attorney Jenson stated the City's comments on the draft recovery plan and Notice of Preparation for the Multi-Species Habitat Plan have been forwarded to U. S. Fish & Wildlife specifically requesting that the line match the demarcation line recommended by Council. Mayor Pefia asked the City Attorney to prepare a time line showing what will happen next so the Council can seek assistance from and the involvement of elected Federal officials. MOTION - It was moved by Council Members Sniff/Henderson to direct staff to prepare a letter under the Mayor's signature to U. S. Fish and Wildlife indicating in clear, unambiguous terms the clear absurdity of the current demarcation line of the proposed Bighorn Sheep Critical Habitat Boundary as drawn encompassing a major portion of La Quinta's highly-developed residential areas and to support KSL's request to remove the Coral Reef Mountains from the Critical Habitat Boundary. Motion carried unanimously with Council Member Adolph ABSENT. MINUTE ORDER NO. 2000-162. _ 4. CONSIDERATION OF COACHELLA VALLEY RECREATION AND PARK DISTRICT (CVRPD) PROVIDING SERVICES TO EXTEND THE SEASON OF THE FRITZ BURNS PARK POOL. Mayor Pe~a abstained due to a conflict of interest created by the proximity of his residence to the subject site and he left the dais. There were no changes to the staff report as submitted and on file in the City Clerk's Office. In response to Council Member Henderson, Matt Lohr, Aquatics Coordinator with CVRPD, stated music noise level is a concern with teen-night hours at the pool and it would have to be shut down by 10:00 p.m. Council Member Henderson supported trying it. Council Member Perkins stated he looked to CVRPD to let the City know if additional programs are needed at the pool. Mr. Lohr stated they would try a teen night in September and incorporate it into -- next year's program if successful. Council Member Henderson wished to have two teen nights in September if possible and a program put together for next year. 'City Council Minutes 10 August 15, 2000 Council concurred. MOTION - It was moved by Council Members Henderson/Perkins to authorize extended season hours at the Fritz Burns Park Pool for September 2000, and authorize the expenditure of funds in the amount of up to $3,371.81 ($3,000 from Account No. 101-251-663-539 and 9371.81 from Account No. 101-251- 663-000. Motion carried unanimously with Council Member Adolph ABSENT. MINUTE ORDER NO. 2000-163. 5. CONSIDERATION OF A RESOLUTION APPROVING THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE FROM SUMMIT CABLE SERVICES OF GEORGIA, INC. (TIME WARNER) TO AOL TIME WARNER, INC. Management Analyst Wilson presented the staff report. After a brief discussion, Council concurred to continue this item until later in the meeting. Council recessed to Redevelopment Agency meeting. Council reconvened. BUSINESS SESSION ........... continued 5. CONSIDERATION OF A RESOLUTION APPROVING THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE FROM SUMMIT CABLE SERVICES OF GEORGIA, INC. (TIME WARNER) TO AOL TIME WARNER, INC. This item was continued from earlier in the meeting. Upon the advice of the City Attorney, Mayor Pe~a abstained from participating in this item due to a potential conflict of interest because of financial holdings in AOL. In response to Council Member Henderson, Bob Barlow, President of Time Warner Cable - Desert Cities Division, explained the "open access" concern is that the merger of Time Warner and AOL might result in people being restricted to using AOL as their Internet Service Provider (ISP) if they want high speed internet access via cable. They do not expect to provide high speed internet access until next year and do not know, at this time, how many ISP providers will be allowed to provide high speed. He noted in the proposed agreement they "City Council Minutes 11 August 15, 2000 have agreed to provide open access locally if they provide it in the Los Angeles or San Diego areas. Council Member Henderson wished to be sure the City can access whatever ruling the FCC makes on this issue. City Attorney Jenson stated she understood from Bill Marticorena, of Rutan & Tucker, that AOL Time Warner has not agreed to the City's request for a reservation of rights. This would allow open access to be imposed at a later date, if determined lawful, without an argument that the franchise authority had waived its right to impose that condition of the transfer. Assistant City Manager Weiss confirmed the proposed agreement does not guarantee open access. Mr. Barlow stated he understood Section 13 of the agreement provides a reservation of rights under certain circumstances. Mr. Weiss stated the City's legal counsel requested stronger language which was not acceptable to AOL Time Warner. Ms. Jenson noted Mr. Marticorena has recommended the agreement be approved. RESOLUTION NO. 2000-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONDITIONALLY APPROVING THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE GRANTED TO SUMMIT CABLE SERVICES OF GEORGIA TO AOL TIME WARNER, INC. MOTION - It was moved by Council Members Henderson/Perkins to adopt Resolution No. 2000-102 as submitted. Motion carried unanimously with Council Member Adolph and Mayor Pe~a ABSENT. MINUTE ORDER NO. 2000-164. (See Page 18 for additional comments.) STUDY SESSION - None Council recessed to the Financing Authority meeting, City Council Minutes 12 · August 15, 2000 Council reconvened and recessed to and until 7:00 p.m. 7:00 P.M. PRESENTATIONS The Mayor and Council Members presented art awards to the following students of the YMCA Childcare Facility whose artwork has been displayed at City Hall: Akila Adams Memo Gonzalez Osvaldo Ortega Augusta Alexander Karina Guerrero Vanessa Ozanne Teddy Alexander Korina Gutierrez Michael Payne Brianna Bowen Marissa Imel Sabino Ramirez Branden Brooks Alexandria Lazzarini Victoria Ramirez Halie Eggers Chris Legg Adrian Rubalcava Shannon Emmerling Felicia Lerma Kadeasha Smith Shane Feazell Elka Medina Lakeisha Smith Andi Ferraud-Shepard Joseph Mexia Noah Valadao Korina Flores Lauren Nugen Renee Varela Nicole Glover Natasha Olivas Ah'Vay Watson Mariah Wiley PUBLIC COMMENT Mark Woods, 80-191 Tangier Avenue, Indio, spoke regarding the need for additional soccer fields and stated he understood the passage of Proposition 12 provides for $500,000 to be used toward development of a youth soccer facility in La Quinta. Henry Schwartz, 44-030 Dalea Circle, spoke in support of developing soccer fields at the North La Quinta Community Park. Wayne Hancock, 55-920 PGA Boulevard, noted there's also a need for night-lighted basketball courts. PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING ON GENERAL PLAN LAND-USE ALTERNATIVES. The Mayor declared the PUBLIC HEARING OPEN. _ Ci:ty Council Minutes 13 August 15, 2000 Community Development Director Herman presented a brief staff report and reported that two requests for changes in land-use designations have been received. In response to Council Member Henderson, Mr. Herman advised the two requests may be addressed during the formal public hearing process, Mayor Pe~a advised he had received a call from a property owner who is considering annexation into La Quinta but is concerned about the request for a commercial land-use designation at Madison Street and Avenue 58. He asked about the deadline for returning the annexation survey, to which Mr. Herman responded September 15. Council Member Perkins requested a colored General Plan map, to differentiate the land uses, be provided at the next hearing. MOTION - It was moved by Council Members Sniff/Perkins to continue the public hearing for General Plan Land-Use Alternatives to September 15, 2000, Motion carried unanimously with Council Member Adolph ABSENT. MINUTE ORDER NO. 2000-165. 2. PUBLIC HEARING FOR CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2000-399, APPROVAL OF DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR SPECIFIC PLAN 2000-047, APPROVAL OF SITE DEVELOPMENT PERMIT 2000-680, CONDITIONAL USE PERMIT 2000-050, AND PARCEL MAP 29791. APPLICANT IS JDD, L. L. C. - LA QUINTA COURT TO BE LOCATED ON THE SOUTHEAST CORNER OF HIGHWAY 111 AND WASHINGTON STREET. The Mayor declared the PUBLIC HEARING OPEN. Planning Manager di Iorio presented a staff report and advised the applicant is requesting to eliminate the drive-through bank or coffee shop in Building #3 and to accommodate a restaurant with an outdoor patio area. She stated the proposed change will increase the project 605 square feet and call for ten additional parking spaces which will be accommodated in the rear. The proposed change also eliminates the need for Condition No. 67 (of Specific Plan document) which allows the drive-through. City Council Minutes 14 August 15, 2000 In response to Council Member Perkins, Ms. di Iorio advised ingress/egress along Washington Street and Highway 111 will be right-in/right-out only with full movement on Simon Drive. Mayor Pe~a advised SunLine has agreed to move the bus stop across Highway 111 opposite the current bus stop at the Auto Club. In response to Council Member Henderson, Public Works Director Vogt confirmed the median on Washington Street will be moved eastward to accommodate three through lanes both north and south. Additionally, northbound Washington Street will have two dedicated left-turn lanes and an exclusive right-turn lane. Council Member Henderson commented on the elimination of the motorcycle sales facility and felt that use should not be disallowed. In response to Council Member Sniff, Ms. di Iorio advised the applicant is proposing a contemporary architectural theme. Council Member Sniff felt, with the high visibility of the site, an architectural theme with more arches and less straight lines would be better. He asked if the applicant is proposing a water feature, to which Ms. di Iorio responded yes. Council Member Henderson asked if there was any consideration to move the sidewalk away from the corner at Washington Street and Highway I 11. Mr. Vogt advised there are limitations in moving the sidewalk because of ADA requirements but stated staff will look at the design in relation to the crosswalks and ADA requirements. In response to Council Member Henderson, Ms. di Iorio stated the applicant has provided windows and trellises to the buildings along Washington Street and Highway 111 to avoid the appearance of looking at the back of the buildings. Council Member Sniff suggested moving the sidewalk back from the corner to coincide with the balance of the sidewalk if it does not conflict with ADA requirements. Council concurred. Dale Frank, 7900 SE 28th Street, Mercer Island, Washington, of Dale Frank & Associates, gave a brief presentation and stated the layout of the buildings is intended to provide visibility for the tenants. As for moving the sidewalk, he City Council Minutes 15 August 15, 2000 felt it should be done in conjunction with the overall plan so it does not take away from the dramatic nature of the trellises, awnings, and art in public places water feature. He advised the awnings will vary in size depending on the size of the windows. In response to Council Member Henderson, Ms. di Iorio advised buildings within 150 feet of Highway 111 are restricted to 22 feet in height. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. In response to Council Member Henderson, Ms. di Iorio confirmed 1 ~ to 2 inches is the standard caliper for trees contained in the Zoning Code and she added there is no height requirement for palm trees. Council Member Henderson felt there may be a need to modify the City's requirements for tree sizes and suggested reviewing it with the General Plan. She also suggested the building height restriction be modified in the Specific Plan to allow building heights in this project up to 26 feet within 150 feet of -- Highway 111. Council concurred. RESOLUTION NO. 2000-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2000-399 PREPARED FOR SPECIFIC PLAN 2000-047, CONDITIONAL USE PERMIT 2000-050, SITE DEVELOPMENT PERMIT 2000-680, AND TENTATIVE PARCEL MAP 29791 (JDD, LLC). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2000-103 as submitted. Motion carried unanimously with Council Member Adolph ABSENT. RESOLUTION NO. 2000-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, -- CALIFORNIA, APPROVING SPECIFIC PLAN 2000-047 TO ALLOW DEVELOPMENT OF A 54,000 + SQUARE FOOT SHOPPING CENTER AT THE SOUTHEAST CORNER OF HIGHWAY 111 AND WASHINGTON STREET (JDD, LLC). City Council Minutes 16 August 15, 2000 It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2000-104 as amended (deleting Condition No. 67, correcting Condition No. 2 to change "tentative map" to "specific plan," and adding a condition to modify Table 2 of the Specific Plan to increase the maximum structure height to 26 feet). Motion carried unanimously with Council Member Adolph ABSENT. RESOLUTION NO. 2000-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2000-050 TO ALLOW GOLF CART SALES WITHIN A 5.65-ACRE PROJECT AT THE SOUTHEAST CORNER OF HIGHWAY 111 AND WASHINGTON STREET (JDD, LLC). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2000-105 as amended (correcting Condition No. 6 to change "tentative map" to "conditional use permit"). Motion carried unanimously with Council Member Adolph ABSENT. RESOLUTION NO. 2000-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 29791 TO MERGE 6 EXISTING PARCELS INTO ONE 5.65-ACRE HOLDING (JDD, LLC). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2000-106 as submitted. Motion carried unanimously with Council Member Adolph ABSENT. RESOLUTION NO. 2000-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2000-680 FOR A 54,000 + SQUARE FOOT SHOPPING CENTER AT THE SOUTHEAST CORNER OF HIGHWAY 111 AND WASHINGTON STREET (JDD, LLC). It was moved by Council Members Sniff/Perkins to adopt Resolution No. 2000-107 as amended (correcting Condition No. 2 to change "tentative map" to "site development permit," and adding Condition No. 85 directing the applicant to work with staff regarding the sidewalk design at the corner of Highway 111 and Washington Street). Motion carried unanimously with Council Member Adolph ABSENT. City Council Minutes 17 August 15, 2000 3. PUBLIC HEARING FOR THE REPEAL OF SPECIFIC PLAN 88-012 AND MODIFICATION TO TRACT MAP 23995, CONDITION NO. 39, BY PROVIDING FOR THE REQUIRED BIKEWAY ON THE SOUTH SIDE OF THE WHITEWATER STORM CHANNEL AND PROVIDE FOR AN IN-LIEU FEE FOR THE CONSTRUCTION OF THE BIKEWAY TO BE LOCATED ON THE NORTH SIDE OF THE WHITEWATER STORM CHANNEL, SOUTH OF MILES AVENUE, WEST OF ADAMS STREET, AND EAST OF WASHINGTON STREET. The Mayor declared the PUBLIC HEARING OPEN. Community Development Director Herman presented a brief staff report. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO. 2000-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REPEALING SPECIFIC PLAN 88-012 (LA QUINTA REDEVELOPMENT AGENCY, USA COMMERCIAL MORTGAGE, AND SIENA DEL REY LLC). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2000-108 as submitted. Motion carried unanimously with Council Member Adolph ABSENT. RESOLUTION NO. 2000-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TRACT MAP 23995, AMENDMENT NO. 1, MODIFYING CONDITION NO. 39 BY RELOCATING THE BIKE PATH FROM THE NORTH SIDE OF THE WHITEWATER STORM CHANNEL TO THE SOUTH SIDE BETWEEN ADAMS STREET AND WASHINGTON STREET (LA QUINTA REDEVELOPMENT AGENCY, USA COMMERCIAL MORTGAGE, AND SIENA DEL REY LLC). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2000-109 as submitted. Motion carried unanimously with Council Member Adolph ABSENT. BUSINESS SESSION ......... continued City Council Minutes 18 August 15, 2000 5. CONSIDERATION OF A RESOLUTION APPROVING THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE FROM SUMMIT CABLE SERVICES OF GEORGIA, INC. (TIME WARNER) TO AOL TIME WARNER, INC. (See Page 10 for earlier consideration of this item.) As he had done previously, Mayor Pe~a abstained from participating on this item due to a potential conflict of interest because of financial holdings in AOL. Mayor Pro Tern Sniff advised the City Attorney has requested an opportunity to add additional comments to the record. City Attorney Jenson advised she has spoken to Mr. Marticorena and he has clarified that the language regarding "reservation of rights to impose open access if at a later date it is permissible by law" is the intent and was agreed to unequivocally. He has also confirmed that Section 13(A)(i) of the agreement is a complete reservation of rights. MAYOR AND COUNCIL MEMBERS' ITEMS 1. Council Member Perkins requested staff prepare a letter for the Mayor's signature to Officer Ernesto Aguilasocho commending his actions during a recent carjacking pursuit. Council concurred. 2. Council Member Perkins asked staff to look into a letter received from WWS to determine if the weather service would benefit the City. Council concurred. REPORTS AND INFORMATIONAL ITEMS League of California Cities - Riverside Division -- Council Member Henderson reported the Executive Board has recommended cities stay on top of SB 402 which is expected to go to the State Legislature next week. Additionally, she noted a side deal has been made to increase to 90%, the total amount of compensation a police or fire employee could draw from PERS. All other reports were noted and filed. City Council Minutes 19 August 15, 2000 DEPARTMENT REPORTS 4-A. BUILDING & SAFETY DEPARTMENT MONTHLY REPORT FOR JULY. Council Member Henderson requested year-to-date figures for last year be included in the report. 8-A. PUBLIC WORKS DEPARTMENT MONTHLY REPORT FOR JULY. In response to Council Member Henderson, Public Works Director Vogt stated, with only one street sweeper, staff is looking at ways to fill the gap and rescheduling to coincide with trash collection. He stated each street is scheduled to be cleaned once a week. Additionally, street parking is a problem and staff is looking at ways to notify residents of the street sweeping schedule. Staff is also talking to SunLine who may expand their street sweeping program. Council Member Henderson commented on the need for an additional City vehicle for official travel purposes. City Manager Genovese advised a new vehicle has been budgeted for this year. Mayor Pe~a also noted the need to have towing and road-side service available for City vehicles. Council Member Perkins suggested an automatic vehicle replacement program. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Henderson to adjourn. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California