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Home My WebLink About2003 - MINUTES - 7/23/2003 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 23, 2003 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, July 23, 2003, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Hodges, Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on July 18, 2003. INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: No Business COMMUNITY REDEVELOPMENT AGENCY/HOUSING AUTHORITY: Mayor declared the meetiing adjourned for the purpose of convening as the Community Redevelopment Agency and the Housing Authority; after which, members reconvened as the City Council. PUBLIC COMMENTS ON MATTERS LISTED ON AGENDA: The following persons spoke in support of Item 6. Carolyn Miller-Frink, Palm Springs L. Sue Loftin, Esquire, representing El Dorado LTD The following person spoke in opposition of item 6. Bob Studebaker, Palm Springs The following person spoke in opposition to Item 7—Quimby Act Ed Kibbey, representing the BIA, expressed opposition to the inclusion of Government Code Section 66000 in the Ordinance and submitted copy of same as on file in Office of the City Clerk. 2. RESALE RESTRICTIONS — DENSITY BONUS Recommendation: That the Council rescind and replace the resale restrictions resulting from the City's covenant control mechanism/density bonus program or rescind same. Quail Pointe, Sunrise Palms, and Desert Dorado properties. Mayor Kleindienst declared Conflict of Interest due to business relations and exited the Chamber. Director of Community & Economic Development reviewed the staff report. Council Minutes 7-23-03, Page 2 Mayor pro tem opened this portion of the meeting for comments related to this item. The following persons spoke in support of rescinding resale restrictions Shirley Bush, Palm Springs David Sawyer, Palm Springs Marcia Sawyer, Palm Springs Britton Stuber, Palm Springs James Adams, Palm Springs Steve Forssenius, Palm Springs Elizabeth Baker, Palm Springs Christine Baker, Palm Springs Sheere Dillon, Palm Springs Dennis Sanders, Palm Springs Richard Pontius, Palm Springs Clint Holland, Palm Springs Tim Overdurf, Palm Springs John Martin, Palm Springs SanDee Cunningham-Haley, Palm Springs Bob Hill, representing Bill Lockins of Palm Springs Terry Sulvas, Palm Springs Judith St. Michael, Palm Springs Candy Palmer, Palm Springs City Attorney stated that should the Council desire to rescind the restrictions, a future discussion would need to take place to discuss guidelines for a density bonus program. Resolution 20674 (Quail Pointe) and Resolution 20675 (Sunrise Palms) as recommended were presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, Kleindienst absent, that R20674 and 20675 be adopted. Mayor pro tem declared Conflict of Interest due to proximity of residence and exited the Chamber. Resolution 20676 (Desert Dorado) as recommended was presented; after which, it was moved by Hodges, seconded by Mills and unanimously carried, Oden and Kleindienst absent, that R20676 be adopted. 3. AIRLINE REIMBURSEMENT— BAG BELTS Recommendation: That the Council authorize the City Manager to reimburse signatory airlines for the cost of installing outbound automated bag belts on a first-come basis related to Explosive Detection System (EDS) for$150,000. Executive Director—Airports reviewed the staff report. Council Minutes 7-23-03, Page 3 Minute Order 7345 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that MO7345 be adopted. 4. MEMORANDUM OF UNDERSTANDING - GENERAL UNIT 2003-04 ALLOCATED POSITIONS & COMPENSATION PLAN AMEND 1 Recommendation: That the Council approve a Memorandum of Understanding with the General Unit (SEIU) for a two-year period ending June 30, 2005; and approve Amendment#1 to the 2003-04 Allocated Position & Compensation Plan. City Manager reviewed the Memorandum of Understanding. Resolution 20677 (MOU) and Resolution 20678 (Plan) as recommended were presented; after which, it was moved by Reller-Spurgin, seconded by Hodges and unanimously carried, that R20677 and R20678 be adopted. 5. TRANSPORTATION SECURITY ADMINISTRATION 2003-04 ALLOCATED POSITIONS & COMPENSATION PLAN AMEND 2— POLICE OFFICERS Recommendation: That the Council approve a reimbursement agreement to allow reimbursement for the airport for providing a flexible law enforcement response to the checkpoint for twenty hours per day and amend the Allocated Position and Compensation Plan to add two (2) additional police officers for regularly scheduled duty at the airport. A4736. City Manager reviewed the staff report. Minute Order 7346 and Resolution 20679 (Plan) as recommended were presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, that MO7346 and R20679 be adopted. 6. EL DORADO PALM SPRINGS LTD Recommendation: That the Council approve an Agreement regarding mobile home park conversion with El Dorado Palm Springs LTD for the conversion of mobile home parks spaces at the El Dorado Mobile Country Club located at 6000 East Palm Canyon Drive. A4737, City Attorney reviewed the staff report and agreement. Councilmember Oden stated that the appraisals on the properties indicate a sham conversion; that each time a deal is made, the deal changes by the owner the next day and that support could not be given to the item; and stated that the use of Housing Funds for the use of down payments is a questionable use of the Funds. Councilmember Hodges concurred. Council Minutes 7-23-03, Page 4 Councilmember Mills stated that the agreement is the first written document agreed to by all parties in 10 years of negotiating; that at this time it is the best that can be done for all parties and that while it is believed that the matter for consideration is not exactly what the Council wanted, it is what has been agreed upon; and added that the use of Housing Funds to assist with the down payments is the correct use of the Funds. Minute Order 7347 as recommended was presented; after which, it was moved Mills, seconded by Reller-Spurgin and carried by the following vote that MO7347 be adopted. AYES: Members Mills, Reller-Spurgin and Mayor Kleindienst NO: Members Hodges and Oden ABSENT: None. 7. ORDINANCES FOR SECOND READING & ADOPTION (Intro 7-16-03) City Clerk read Title of Ordinance 1631 as follows: AN ORDINANCE OF THE CITY OF PALM SPRING, CALIFORNIA, ADDING SECTION 4.08.136 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO RENTAL ADJUSTMENTS FOLLOWING CONVERSION OF RENTAL MOBILE HOME PARKS TO RESIDENT OWNERSHIP after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, that further reading be waived and Ordinance 1631 be adopted. City Attorney stated that substantial changes were made to the Ordinance and requested that the Ordinance be reintroduced for first reading; that staff has prepared two revised ordinances; one with Government Code Section 66000 and one without; that the BIA desires the adoption of the Ordinance without the reference; that studies were preformed by staff; and that if a new study is desired, it may result in a six month delay. Councilmember Reller-Spurgin questioned where the funding for the study would be derived and which of the two is recommended by the attorney. City Manager stated that the funding could be reimbursed by the Quimby collections. City Attorney stated either ordinance could be acted on; but that with action on the Ordinance that includes Section 66000 all possible lands would be included; that there is another fee study proposal; that this item could be included in that study; that if the fees were determined to be different, the Ordinance could be ' changed at that time. Councilmember Hodges stated that this item has been confusing since its inception; that originally it was pushed to be an urgency item; that the figures presented by staff are constantly changing and that the recommendation should not be supported. Council Minutes 7-23-03, Page 5 Councilmember Oden concurred. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING PARK FEES after which; it was moved by Mills, seconded by Reller-Spurgin carried by the folllowing vote that further reading be waived and the Ordinance that includes Section 66000 references be reintroduced for first reading. AYES: Members Mills, Reller-Spurgin and Mayor Kleindienst NO: Members Hodges and Oden. 8. PALM SPRINGS YOUTH CENTER Recommendation: That the Council approve a Grant Deed to the YMCA regarding property located 3601 E. Mesquite Avenue; and an agreement for Right of First Refusal. A4742. City Manager reviewed the staff report. Minute Order 7348 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, that MO7348 be adopted. 9. SETTLEMENT AGREEMENTS—WILKINSON AND BASSLER Recommendation: That the Council approve settlement agreements with Martha Wilkinson and Sandy Bassler, copies on file in Office of the City Clerk. A4738, A4739. No report given. Minute Order 7349 (Wilkinson) and Minute Order 7350 (Bassler) as recommended were presented; after which, it was moved by Hodges, seconded by Mills and unanimously carried, that MO7349 and 7350 be adopted. ADJOURNMENT: There being no further business Mayor declare he meeting adjourned. PATRICIA A. SANDERS City Clerk