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1991 09 17 CC Minutes LA QUINTA CITY COUNCIL MINUTES SEPTEMBER 17, 1991 Regular Meeting of the La Quinta City Council was called to order at the hour of 3:00 P.M., Mayor Pena presiding. PRESENT: Council Members Bohnenberger 3:15 P.M.), Franklin, Rushworth, Sniff, Mayor Pena ABSENT: None MOTION It was moved by Council Members Sniff/Franklin that Council Member Bohnenberger be excused. Motion carried unanimously. CONFIRMATION OF AGENDA Mr. Kiedrowski asked that consideration of an amendment to the SunLine agreement be added to the agenda as Business Session No. 8. MOTION It was so moved by Council Members Sniff/Rushworth noting that the need to take action arose after the posting of the agenda. Motion carried unanimously. ANNOUNCEMENTS Mr. Kiedrowski introduced Clint Bohlen, the City's new Parks and Recreation Manager. Mrs. Juhola announced that the dedication of the bike/pedestrian path will take place on Saturday, October 5th. PRESENTATIONS NICK NICKERSON, Regional Planner and Bill Clapper, Transportation Engineer for CVAG, advised that each year, The American Planning Association looks for innovative and creative programs State-wide. This year, in the Inland Empire, they looked at CVAG's Regional Arterial Program and honored them with a Distinguished Leadership Award". CVAG felt that it would be appropriate to share the award and proceeded to present the Council with a plaque which Mayor Pena accepted on behalf of the City. WRITTEN CORRESPONDENCE None BIB] 02-09-96-U01 09:30:10AM-U01 CCMIN-U02 09-U02 17-U02 1991-U02 City Council Minutes 2 SepterrLber 17, 1991 BUSINESS SESSION 2. PRESENTATION BY THE TENTH ANNIVERSARY COMMITTEE. Sheila Crane, Chairperson of the City's Tenth Anniversary Committee, addressed the Council advising that the Committee has initially come up with a plan for twelve events beginning in January, 1992 and ending December, 1992 to celebrate the City's tenth anniversary. However, after listening to the Chairman of the Palm Springs Anniversary Committee, they are leaning toward climaxing the activities with the May event and asked for Council's input. They have discussed publication of a calendar of events as soon as the schedule is finalized. They would also like to purchase permanent banners with the logo that can be used again for future events. She so advised that a local graphic artist, Mark Palmer, has don?ted his services to design a logo. They have also discussed sales of commemorative items and have found that there are vendors who will purchase and sell the items, once a break-even point is achieved, then they will share an agreed-upon percentage with the Committee. Lucia Moran, Committee member, presented a proposed budget of $22,050, noting that the largest expenditure is for banners with the official logo at $8,000 which can be used for future events. She added that they will try to get donations as well. Council Member Sniff expressed concern over having an ev1ent monthly for twelve months, as he felt that enthusiasm of both the community and the committee would wane. He supported f4?ve months of events, climaxing in May. Council Member Franklin concurred, adding that she liked the idea of a children parade and block party in May. In response to Council Member Rushworth, Mrs. Crane advised that time is important because they want to publish a calendar of events. Mayor Pena liked the idea of a calendar and suggested that it could include historical pictures. Council then concurred on giving the Committee direction to plan activities for five months. Mayor Pena liked the idea of a block party with bands and food vendors, and a children parade. BIB] 02-09-96-U01 09:30:10AM-U01 CCMIN-U02 09-U02 17-U02 1991-U02 City Council Minutes 3 September 17, 1991 Council Member Bohnenberger suggested a mini-carnival in conjunction with a City-Fair" at the Sports Complex. He also liked the idea of a bumper-sticker with the logo, noting what a success it was in Palm Desert. Council Member Bohnenberger suggested $50,000, as he didn't feel that $5,000 per year of existence to commemorate what we ve become and where we've been and where we're going is not an unusual sum of money. MOTION It was moved by Council Member Bohnenberger to set aside $50,000 for the purpose of funding the Tenth Anniversary Committee activities. Motion died for lack of a second. Mrs. Moran stated that the Committee will do all they can to keep the expenditures to a minimum. Council Member Sniff preferred to begin with a preliminary initial budget and as the Committee moves forward, we can determine with more accuracy what is actually needed. NOTION It was moved by Council Member Sniff to allocate $10,000 as preliminary budget funds for the Tenth Anniversary Committee activities and further recommend that they confine their plans to the first five months of 1992 culminating with the actual anniversary month of May, 1992. Notion died for lack of a second. NOTION It was moved by Council Members Rushworth/Franklin to set aside $25,000 as a preliminary figure for the anniversary committee and if additional funds are needed they can come back to the Council. Council Member Sniff felt that $25,000 is too much initially. He could not support the motion because he felt that it was excessive without knowing any firm plans and costs. He would not object to $50,000, but wants to see more definitive plans. Council Member Bohnenberger stated that this program will be something that is going to develop through the year and they have stated that they will try to get some funds donated. Council Member Rushworth called for the question. Mayor Pena advised that he could not support the motion without having the opportunity to submit his input regarding the question. BIB] 02-09-96-U01 09:30:10AM-U01 CCMIN-U02 09-U02 17-U02 1991-U02 City Council Minutes 4 September 17, 1991 Motion carried with Council Member Sniff and Mayor Pena voting NO. MINUTE ORDER NO. 91-131. Mayor Pena stated that he would like to see the Committee come back to the Council before there's any expenditure of funds. 1. MATTERS PERTAINING TO CIVIC CENTER CONSTRUCTION. A. AUTHORIZATION TO CALL FOR BIDS FOR CIVIC CENTER CONSTRUCT ION B. CONSIDERATION OF FUNDING MECHANISM FOR CIVIC CENTER CONSTRUCTION. Mr. Mans Pieka, Architect with Gruen Associates presented Council with an overview of the proposed Civic Center describing and showing samples of interior and exterior design furniture, materials and colors. In response to questions by Council, Mr. Pieka advised that the Council Chambers will seat 108 with space for additional seating. Mr. Reynolds, Public Works Director, advised that a minimu? of a 45-day bidding period will be utilized. Mr. Kiedrowski advised that the project is estimated at $9.7 million and with inspection and other costs it's estimated at $11 million. The funding mechanism to be discussed is issuance of bonds in the $6-$7 million range with he remaining $4-$5 million to be funded from the General Fund Reserves or the Infrastructure Reserves. Once final bids are received, we will know exactly what the project will cost and Mr. Fieldman, would at that point, make a recommendation as to the exact dollar amount of bonds to be sold. At that time, the Council will have the opportunity to decide how much cash to put into the project and the dollar amount of bonds to be issued. Given the current economic climate, he believed that the recommendation will be to sell the maximum bonds at a very low interest rate and that we keep our cash invested at a higher interest rate. MR. BILL FIELDMAN, Financial Consultant with Fieldman Rolapp, advised that the timing for a bond issue is excellent from the standpoint of the bond market and interest rates. He will recommend using the La Quinta Financing Authority as a vehicle to arrange the loan. The actual instrument that Authority will issue will probably be bonds because they have a better connotation than any other issue like Certificates of Participation, even though they are similar. He noted th?t a year ago, the 20-bond index stood at 7.83%, whereas, today BIB] 02-09-96-U01 09:30:10AM-U01 CCMIN-U02 09-U02 17-U02 1991-U02 City Council Minutes 5 September 17, 1991 It's at 6.61%, so the market has improved considerably. In response to Council Member Franklin, Mr. Fieldman advised that he is looking at a 20-30 year pay-off probably 25 years. Regarding the Financing Authority, if we issue COP'S, it would act like a lease-hold corporation. In response to Mayor Pena, Mr. Fieldman advised that we have to wait for bids to come in before we can lock in rates but, in 30-45 days, the rates should be as good as they are today or better. R. FRITZ STRADLING, Bond Counsel with Stradling, Yocca, Carlson and Rauth, advised that the Financing Authority was formed to negotiate the last Redevelopment Agency bond issue. Council Member Sniff expressed concern about the cost of the project and the amount of debt service we're looking at each year and where the money is coming from. Mr. Fieldman advised that at this time, the Council isn't committing themselves to anything except to authorize the call for bids. Unless, he can represent to the Council, that the project is feasible and that they can afford it, he will not recommend it. He also noted, that if it's not feasible, the market won't accept it. Responding to Council Member Franklin, he agreed that the volume of borrowing for this type of issue depends on development, but he is seeing a definite turn-around. He again stated that it's his duty to tell the City he's satisfied with our ability to repay. Mr. Kiedrowski advised that there are three sources from which to pay the indebtedness 1) building permits; 2) Transient Occupancy Tax; 3) Redevelopment Agency. Council Member Sniff asked if there is an implied obligation by putting the project out to bid. RS. HONEYWELL, City Attorney, advised that the Council always has the ability to reject all bids. Council Member Sniff stated that we are potentially in the process of obligating ourselves for an enormous amount of money each year, which will come out of the funds we could use for other things, like developing other activities in the City and unless there's a major change in the next few years, we're going to be, to some degree, fiscally hamstrung as to what else we can do. MOTION It was moved by Council Members Bohnenberger/ Rushworth to proceed to bid. BIB] 02-09-96-U01 09:30:10AM-U01 CCMIN-U02 09-U02 17-U02 1991-U02 City Council Minutes 6 September 17, 1991 Mayor Pena stated that all of the Council shares Council Member Sniff's concern, we need to find out where we stand and how much it's going to cost, which calling for bids will accomplish. Council Member Bohnenberger felt that this City will have more than adequate capacity to cover the cost for whatever is decided. It's an investment in our future to proceed. Motion carried unanimously. MINUTE ORDER NO. 91-132. AT THIS TIME THE FIRST STUDY SESSION ITEM WAS DISCUSSED. STUDY SESSION 1. DISCUSSION O? ISSUES RELATIVE TO POST OFFICE EXPANSION: A. 12' PARKING LOT EXPANSION B. BACK WALL OF POST OFFICE C. PAVING CITY LOT D. NEWSSTANDS DALE JESSE, P.O. Box 1234, La Quinta, advised that they are trying to clean up the Post Office and make it more attractive and also addressed the issue of the newsstands. There are. 14 of them and only 5 of them are in use. They detract from the appearance and collect trash. He pointed out that most of these papers are available across the Street at the liquor store. They would like to have all 14 of them removed they are on public right-of-way and the Post Office receives no reimbursement from them. In response to Mayor Pena, Mrs. Honeywell advised that she would research as to whether or not we have the legal authority to have them removed in terms of the First Amendment rights. MOTION It was moved by Council Members Sniff/Franklin to instruct the City Attorney to research the legalities of having the newsstands removed?and the history of how they came to be installed. Motion carried unanimously. MINUTE ORDER NO. 91-133. In response to Council Member Bohnenberger about the proposed expansion, Mr. Jesse advised that he plans to meet with the City Manager to discuss the matter of whether or not to expand on the current site or find another location. Mr. Jesse advised that within the next two or three weeks, they will be opening a contract station at First World Travel where postal services will be available. BIB] 02-09-96-U01 09:30:10AM-U01 CCMIN-U02 09-U02 17-U02 1991-U02 City Council Minutes 7 September 17, 1:991 BUSINESS SESSION 3. CONSIDERATION OF APPROVAL OF CONTRACT WITH RIVERSIDE COUNTY FOR FIRE PROTECTION SERVICES. Chief Eric vogt advised that there have been meetings with the City Manager and some members of the Council to discuss the particulars of the structure fire tax and RDA pass-through money in which he hopes the details were worked out. r. Kiedrowski advised that previous information indicated that the fire protection services were going to cost the City $1.5 million per year for the next several years. Information now before the Council indicates that this year, the cost is a little less than $1.5 million and that in subsequent years, the City's combined fire tax both from the property tax and Redevelopment Agency more than enough meets the current obligation and that any difference, additional credit will be rebated to the City, or they could ask the City to take that out in additional services. He believed that the Council has three options 1) instruct the Finance Director to pay the $250,000 from the Reserves; 2) as the County Fire Chief has stated, he feels that it would be necessary to remove the fire fighting personnel from Station 70 effective October 1st and if you did for the remaining of this fiscal year, we would save the $250,000 3) instead, remove the paid personnel from Station 32 since it's closer to the Cove and easier to man by volunteers. Staff recommends a fourth item, in which the Council may wish to ask the staff to study the possibility of augmenting the volunteers and paying them an additional stipend, an additional per call charge as a way to encourage additional volunteers to join the force. Additionally, the Council may wish to authorize him to allow City employees who become volunteer firemen to leave their field of duty during the day if they're called. In response to Council Member Franklin, Chief Vogt stated that historically, the County is very conservative and this is the City's maximum exposure from their experience. He felt that this is the maximum and will be considerably less. Council Member Rushworth asked if statistics indicate how efficiently an all-volunteer force works as opposed to a paid force. Chief vogt advised that a volunteer force works very well, however, it's only a supplement to the paid force and will remain as a very valuable augmentation. Mayor Pena wished to see Council explore some of the options that were recommended by staff like augmenting the volunteers. He wished for staff to bring back a report showing what some BIB] 02-09-96-U01 09:30:10AM-U01 CCMIN-U02 09-U02 17-U02 1991-U02 City COuncil Minutes 8 September 17, 1991 of the augmentation costs would be. With regard to what action to take at the present time, Council concurred that there 15 a need to discuss this matter in Closed Session. MOTION It was moved by Council Members Bohnenberger/Franklin to continue this matter until the evening session and to dd it to the Closed Session agenda pursuant to Government Cpde Section 54956.9 a) as potential litigation. Motion carried unanimously. MINUTE ORDER NO. 134. 4. CONSIDERATION OF AMENDMENT TO MUNICIPAL CODE RELATING, TO MINING OPERATIONS. Mr. Herman advised that the proposed amendment to the Municipal Code removes mining operations as a permitted use from the only zone in which it is currently allowed. MOTION It was moved by Council Members Sniff/Bohnenberger that Ordinance No. 193 be taken up by title and number only and that further reading be waived. Motion carried unanimously. ORDINANCE NO. 193 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 1.44 TO THE LA QUINTA MUNICIPAL CODE. It was moved by Council Members Sniff/Bohnenberger that Ordinance No. 193 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None 5. CONSIDERATION OF POSITION RELATIVE TO PROPOSED EAGLE MOUNTAIN LANDFILL. Mayor Pena advised that a letter has been received from Council Member Oakley, encouraging each jurisdiction to comment on the EIR to the Bureau of Land Management' by September 24th. Mr. Herman advised that we have already responded to the EIR. Council Member Sniff stated that at the last Energy and BIB] 02-09-96-U01 09:30:10AM-U01 CCMIN-U02 09-U02 17-U02 1991-U02 City Council Minutes 9 September 17, 1991 Environment Committee meeting of CVAG this matter was discussed at some length. However, he felt strongly that we need to take a position of opposition to the project and direct that opposition to the Board of Supervisors as well as the Bureau of Land Management. MOTION It was moved by Council Members Sniff/Rushworth that the City of La Quinta take a position of opposition to the Eagle Mountain Landfill to be directed to the Board of Supervisors, the Bureau of Land Management and any other appropriate agency. Motion carried unanimously. MINUTE ORDER NO. 91-135. 6. CONSIDERATION OF REPORT REGARDING STREET SWEEPING AND REQUEST FOR ADDITIONAL FUNDS. Mr. Reynolds advised that there are not enough funds budgeted in this fiscal year for street sweeping due to a misinterpretation of data regarding street inventory. He requested a transfer of $60,000 from the Gas Tax Reserves. MOTION It was moved by Council Members Sniff/Rushworth to authorize an appropriation of $60,000 from the Gas Tax Reserves to Account 02-4321-111-020. Motion carried unanimously. MINUTE ORDER NO. 91-136. 7. CONSIDERATION OF ADOPTION OF RESOLUTION ADOPTING RULES OF PROCEDURES FOR COUNCIL MEETINGS. Mrs. Juhola advised that the resolution presented to the Council is as was discussed in Study Session. It basically establishes the new format for Council meetings. RESOLUTION NO. 91-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. It was moved by Council Members BohnenbergerlRushworth that Resolution No. 91-67 be adopted. Motion carried with Council Member Sniff voting NO. B. APPROVAL OF AMENDMENT TO SUNLINE JOINT POWERS AGREEMENT REGARDING REGULATION OF TAXICABS. Mayor Pena advised that the City has previously granted SunLine the authority to regulate taxicabs, but there is a need to amend the agreement to provide for distribution of BIB] 02-09-96-U01 09:30:10AM-U01 CCMIN-U02 09-U02 17-U02 1991-U02 City Council Minutes 10 September 17, 1991 business license revenue so that the cities will not suffer a loss in revenue. It will amount to about $1,700 to the City of La Quinta. Mrs. Honeywell expressed concern and asked that the motion to approve be subject to her review and approval. MOTION It was moved by Council Members Bohnenberger/Franklin to continue this matter for City Attorney's review and re- agendizing for the next meeting. Mayor Pena stated that there is a need for it to be adopte? by September 27th. He suggested that it be approved subject to the City Attorney having a clause placed in it stating that the funds will be collected by SunLine and returned to the cities. Council Members Bohnenberger and Franklin withdrew their motion. MOTION It was moved by Council Members Bohnenberger/Franklin to approve the agreement subject to approval by the City Attorney and appropriate language with regard to the business license revenue being returned to the cities. Motion carried unanimously. MINUTE ORDER NO. 91-137. CONSENT CALENDAR 1. Approval of Minutes of September 3, 1991. 2. Approval of Demand Register. 3. Adoption of Resolution Determining that the use of Real Property for Public Improvements is of Public Benefit to the Redevelopment Project and the Immediate Neighborhood in which the Project is Located and Determining that there are No Other Reasonable Means of Financing Said Public Improvements. 4. Authorization to Execute Amendment to Agreement with Riverside County for Public Safety Services. 5. Report of Planning Commission Action on Public Use Permit 91- 011 to Allow Construction and Operation of 6,000 sq. ft. Arts Foundation Administration and Display Building Located at the West End of the Civic Center Site at the Southwest Corner of Washington St. and Calle Tampico. Applicant: La Quinta Arts Foundation. BIB] 02-09-96-U01 09:30:10AM-U01 CCMIN-U02 09-U02 17-U02 1991-U02 City Council Minutes 11 September 17, 1991 6. Acceptance of Report of Planning Commission Action on Plot Plan 91-464 and Variance 91-016 to Allow Construction of 4,300 sq. ft. Commercial Building on the Southwest Corner of Calle Tampico and Avenida Navarro. Applicant: Louis Campagna. 7. Declaring the City's Intention to Consider Vacation of Paseo Del Rancho, Rancho La Quinta Road, a Portion of 55th Avenue and Other Unnamed City Streets and Fixing a Time and Place for a Public Hearing Street Vacation 91-016). Applicant: Landmark Land Co. 8. Declaring the City's Intention to Consider Vacation of Kaylon Street Located North of 52nd Avenue and Fixing a Time and Place for a Public Hearing Street Vacation 91-017). Applicant: Landmark Land Co. 9. Authorization of Reduction in Security for Tract 24890-1 The Citrus J. M. Peters. 10. Authorization of Reduction in Security for Tract 24890-4 The Citrus J. M. Peters. 11. Authorization of Reduction in Security for Tract 25499-3,4 Sunrise Co. at PGA West. 12. Authorization of Reduction in Security for Tract 21846-2 Sunrise Co. at PGA West. 13. Approval of Special Advertising Devices for the 1991 La Quinta Arts Festival SAD 91-013). Applicant: La Quinta Arts Foundation. 14. Approval of Amendment to Agreement with Riverside County Office on Aging for Title hIB for the Period July 1, 1991 through September 30, 1991. 15. Acceptance of Project No. 91-3 Civic Center Earthwork and Authorization to File a Notice of Completion. 16. Acceptance of Project 91-4 Improvements Retention Basin at Washington Street and Sagebrush Avenue and Authorization to File Notice of Completion. MOTION It was moved by Council Members Sniff/Bohnenberger that the Consent Calendar be approved as recommended with Items 3, 7 & 8 being approved by RESOLUTION NOS. 91-68, 91-69 AND 91-70. Motion carried unanimously. MINUTE ORDER NO. 91- 138. BIB] 02-09-96-U01 09:30:10AM-U01 CCMIN-U02 09-U02 17-U02 1991-U02 City Council Minutes 12 September 17, 1991 STUDY SESSION ITEMS 2. DISCUSSION OF MATTERS PERTAINING TO DEVELOPMENT OF THE VILLAGE. Mayor Pena asked that this matter be continued. 3. REVIEW AND DISCUSSION OF PROPOSED ORDINANCE REGULATING SMOKING IN PUBLIC PLACES. Council Member Franklin asked that this matter be continued. COUNCIL RECESSED UNTIL 7:00 P.M. PUBLIC HEARINGS 1. SPECIFIC PLAN 90-020, PARCEL MAP 26471, TENTATIVE TRACT 26472, TENTATIVE TRACT 26473 AND ENVIRONMENTAL ASSESSMENT 90-183 TO ALLOW 925 RESIDENTIAL UNITS IN 7 MASTER PLANNED VILLAGES ON 271 ACRES LOCATED ON THE WEST SIDE OF MADISON STREET BETWEEN 52ND AND 53RD AVENUES AND AT THE SOUTHEAST CORNER OF MADISON STREET AND 52ND AVENUE AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. APPLICANT: STUART ENTERPRISES, LTD. MOTION It was moved by Council Members Sniff/Bohnenberger that the matter of Stuart Enterprises, Ltd. applications be continued to November 19, 1991. Motion carried unanimously. MINUTE ORDER NO. 91-139. 2. TENTATIVE TRACT 26953 APPLICATION BY SUNRISE DESERT PARTNERS FOR SUBDIVISION OF 5.1 ACRES INTO 3 LOTS TO ALLOW 21 AIR SPACE CONDOMINIUMS IN AN R2 ZONE ON THE WEST SIDE OF OAK HILL, 800? SOUTH OF ARNOLD PALMER WEST OF PGA BOULEVARD) AND CONFIRMATION OF ENVIRONMENTAL DETERMINATION. Mr. Herman advised that the request is for subdivision of the model complex at PGA West. All of the units, except for three are already existing and those three will be single story units. ALAN LEVIN, Vice President of Engineering for Sunrise Co., 42- 600 Cook St., Palm Desert, advised that they intend to sell of f the models and then lease them back from the buyers. The purpose is to get them of f their books as inventory. The sales office will be removed, the parking lot taken out and a typical residential street will be built. BIB] 02-09-96-U01 09:30:10AM-U01 CCMIN-U02 09-U02 17-U02 1991-U02 City Council Minutes 13 September 17, 1,991 In response to Council Member Bohnenberger, Mr. Levin st?ted that he did not know the time frame as to when they would no longer use the model homes. These models represent between 40-50 unsold units. PUBLIC HEARING OPEN BOB PRUITT, 55-769 Pinehurst, President of the PGA West Homeowner's Association, addressed the Council on the matter of lack of facilities for the maintenance workers at PGA West. There are currently 135 workers and when the project is built out, there will be in excess of 400. He asked for the City's assistance in solving this matter, because the maintenance people are currently using portable toilets and leave them parked on the streets during the day, which the residents find unacceptable. They ask that no further approvals be given for PGA West until this matter is resolved. MARY DRURY, Vice President of Sunrise Co. stated that they have had many meetings with the Homeowner 5 Association and they have looked to them to solve the problem; however, she knows of nothing in State Law to require the contractor or a homeowners association to provide these facilities. The burden is very clearly placed on the employing contractor and State Law says that as long as they are within walking distance, or have transportation to get them, they are adequate. She noted that there are three gate-houses with rest room facilities that have been made available to he workers and there are three swimming pools with rest rooms which the workers could use if the Homeowners Association would allow it. She concluded in saying that if they are looking to Sunrise to participate in a financial way, they have chosen not to. JIM MURPHY, resident of PGA West, felt that there is a responsibility here. These porta-potties cause other problems like odors and they have children in the neighborhood and they don't know who's going in and out of them. He believed that the Council needs to address this matter as construction continues. BILL WALDER, 55-435 Oakhill, advised that he lives four houses from the proposed project. He stated that they are advertised as a guarded community and there is a gate at the end of the sales office which is never locked. He has written to Sunrise many times with no results. MARY DRURY, commented that Sunrise is not the only residential developer at PGA West and the burden of putting in rest room facilities is separate from a homeowners maintenance facility, neither of which should rest with the residential builder. If that is going to be a requirement, it should be put on the BIB] 02-09-96-U01 09:30:10AM-U01 CCMIN-U02 09-U02 17-U02 1991-U02 City Council Minutes 14 September 17, 1991 land developer to plot various sites in which homeowners facilities with rest rooms can be located. Regarding the open gate, she stated that it should be locked and she would look into it. PUBLIC HEARING CLOSED Council Member Bohnenberger felt that in the future, when we approve a project of this size, these issues need to be taken into consideration and made a part of the conditions of approval not just rest rooms, but general maintenance facilities for equipment storage and for off-street parking. He agreed that it isn?t the homebuilders responsibility it?s the property developers and the best solution is to get voluntary cooperation. He couldn't justify holding up this tract for that reason, but wished to see a dialogue started with the property developers with regard to what can be done in the future. Mayor Pena agreed that this is a matter that needs to be addressed in any future tracts. He agreed that this tr?ct should not be held up due to an oversight by all parties, ut a dialogue is needed to determine a solution for PGA West and felt that the City could facilitate that dialogue. Mrs. Honeywell advised that we will need to adopt an overall standard that would apply to all developments. RESOLUTION NO. 91-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ANNOUNCING FINDINGS, CONFIRMING THE ENVIRONMENTAL ANALYSIS AND GRANTING APPROVAL OF TENTATIVE TRACT MAP 26953 TO ALLOW THE CREATION OF 3 DEVELOPMENT LOTS AND 2 LOTS FOR ROADWAY/LANDSCAPING PURPOSES THUS ALLOWING 21 AIR SPACE CONDOMINIUM UNITS ON A 5.1 + ACRE SITE. CASE NO. TT 26953 SUNRISE DESERT PARTNERS. It was moved by Council Members Sniff/Bohnenberger that Resolution No. 91-71 be adopted. Motion carried unanimously. 3. CONTINUED CONSIDERATION OF ZONING ORDINANCE AMENDMENT 91-017 AMENDING CHAPTER 9.80 AND 9.84, AND ADDING CHAPTER 9.222, TIMESHARE REGULATIONS. Mr. Herman advised that the ordinance before the Council would permit timeshares as conditional uses in various residential zones and some commercial zones C-i; C-P and Tourist Commercial. It also makes provision for conversion of existing timeshares. BIB] 02-09-96-U01 09:30:10AM-U01 CCMIN-U02 09-U02 17-U02 1991-U02 City Council Minutes 15 September 17, 1991 Council Member Bohnenberger stated that he did not support wholesale application of timeshares in the community; but rather, when we do allow them, they have to be controlled with tight standards which must be done in the ordinance, and not on a case-by-case basis. He wanted to make sure that the ordinance requires on-site management; does not want to see any existing projects converted to timeshares; and they should not be allowed in any existing development unless the C.C.& R. 5 currently allow them. He asked that Section 9.222.050(e) be amended to state that facilities shall" be required as opposed to may" be required. Mr. Herman advised that the ordinance does require on-site management and are only permitted in existing developments if the C.C.&R.'s permit them. Council Member Rushworth did not think this City needs timeshares. Historically, there are so few of them that are viable he didn't feel we should leave a window open for a developer to come in with a proposed project. Council Member ohnenberger felt that a timeshare complex not individual unit) should be allowed to convert to a regular residential complex and Mrs. Honeywell advised that the ordinance will be modified to reflect that change. PUBLIC HEARING OPEN BOB PRUITT, President of PGA West Homeowners Association, asked for clarification and Mayor Pena advised that they must be specifically allowed in the C.C.&R.'s of an existing development for a conversion to be approved. Mrs. Honeywell stated that she would add language stating that they must explicitly be allowed. FRED MOSHER, 44-440 E. Sundown Crest, stated that he is unalterably opposed to legalizing timeshares in the City. He added that as a member of the Planning Commission, they recommended that timeshares be prohibited. PUBLIC HEARING CLOSED Council Member Bohnenberger felt that timeshares have gotten a black-eye due to some unscrupulous developers with minimal projects using high-pressure sales techniques and then abandoned the projects. However, there are a great many people who are timeshare owners who are not party to these problems. For many people, this is the only way they can afford to take vacations on an annual basis and go to nice environments. A total ban would close the door on a whole group of people who may want to come enjoy our City and spend their money here. BIB] 02-09-96-U01 09:30:10AM-U01 CCMIN-U02 09-U02 17-U02 1991-U02 City Council Minutes 16 September 17, 1,991 Council Member Rushworth believed that 90% of the people who own timeshares Only use them because they have them and can't get rid of them. He didn't think we need them in this City. MOTION It was moved by Council Members Bohnenberger/Sniff to take up Ordinance No. 194 as amended. Motion carried with Council Member Rushworth voting NO. ORDINANCE NO. 194 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9.80 AND 9.84, AND ADDING CHAPTER 9.222, TIMESHARE REGULATIONS, TO THE LA QUINTA MUNICIPAL CODE. It was moved by Council Members Bohnenberger/Sniff that Ordinance No. 194 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Sniff, Mayor Pena NOES: Council Member Rushworth ABSTAIN: None ABSENT: None 4. WEED ABATEMENTS/LOT CLEANINGS AND PLACEMENT OF COSTS ON 1992/93 TAX ROLLS: A. MARIE L. RECHECK APN 774-092-019 $157.50 B. ASADOOR & SHARLINE SOOJIAN APN 773-221-011 $157.50 C. H. PEMBROKE APN 617-383-014 $157.50 D. DOROTHY E. SWEET APN 617-382-037 $187.50 E. JEAN GEARIN APN 617-381-023 $187.50 F. LEONA MCKENZIE APN 617-381-032 $187.50 G. KATHERINE & MICHAEL PHELPS APN 617-381-030 $157.50 H. CAPITOL CON. CORP. APN 617-381-003 $187.50 I. SANTI L. SOTTO, JR. APN 773-251-006 $187.50 J. ANDREW OR MARY FENADY APN 773-103-001 $1?.OO Mr. Hartung advised that all lots have been cleaned and the property owners notified. He recommended that the costs be placed on the 1992/93 tax rolls with the exception of Marie Recheck who has paid her assessment. PUBLIC HEARING OPEN PUBLIC HEARING CLOSED RESOLUTION NO. 91-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. BIB] 02-09-96-U01 09:30:10AM-U01 CCMIN-U02 09-U02 17-U02 1991-U02 City Council Minutes 17 September 17, 1991 It was moved by Council Members Sniff/Franklin that Resolution No. 91-72 be adopted. Motion carried unanimously. COUNCIL COMMENT None PUBLIC COMMENT None CLOSED SESSION a. Discussion of potential pending litigation pursuant to Government Code Section 54956.9 a) Concerns Regarding Environmental Review of New Palm Springs Redevelopment Agency Project Area Canyon Park. Request of Palmer Cablevision for Transfer of Ownership. Issues Relating to C. V. Recreation & Park District. Contract with Riverside County for Fire Protection Services b. Discussion of on-going litigation pursuant to Government Code Section 54956.9 a) City of Indio Indio Case No. 62944 Fredericks FA CV9l-317AHS c. Discussion of negotiations pursuant to Government Code Section 54956.8. Desert Villa Senior Housing Project. d. Discussion of personnel pursuant to Government Code Section 54957. e. Discussion of potential property acquisition pursuant to Government Code Section 54956.8 78-080 Avenida La Fonda Acquisition of Right-of-way for Tampico widening Project Mrs. Juhola then noted that there is a need for a special meeting to conclude the bond issue and the Planning Department would like to combine that meeting with another General Plan update. She suggested the date of October 8th. Council concurred on meeting October 9th. There being no further business, the meeting was adjourned to Closed Session at 8:10 P.M. Council reconvened and took the following action: BIB] 02-09-96-U01 09:30:10AM-U01 CCMIN-U02 09-U02 17-U02 1991-U02 City Council Minutes 18 September 17, 1991 MOTION It was moved by Mayor Pena, seconded by Council Member Rushworth to approve the agreement with Riverside County for Fire Protection Services subject to form revision and clarification by legal counsel. Motion carried unanimously. MINUTE ORDER NO. 91- 140. Re?ectfully submitted, AUNDRA L. JUHo?, City Clerk City of La Quinta, California BIB] 02-09-96-U01 09:30:10AM-U01 CCMIN-U02 09-U02 17-U02 1991-U02