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HomeMy WebLinkAbout2000 - MINUTES - 1/19/2000 CITY OF PALM SPRINGS CITY COUNCIL MINUTES January 19, 2000 , 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•Tahquit7 Canyon Way, on Wednesday, January 19, 2000, 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 Jones, Hodges, Reller-Spurgin, :and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and invocation by Councilmember Oden. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on January 14, 2000. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities)-See items on Page 6 of agenda this date. PRESENTATIONS: HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: No Business PUBLIC HEARINGS: ' 1. Cs5.0816, PD256, JAMES MCINTOSH On January 5, 2000, Council continued this matter to approve the development of a two-phased master planned commercial/retail complex with phase one development consisting of a Walgreens Drug Store with drive-thru pharmacy facilities ,and phase two consisting of two future office/retail building, located at the southwest corner of Tahquitz Canyon Way and Sunrise Way, C-1-AA and R-4-VP' zones, Section 14. Director of Planning & Building reviewed the staff report and added that the matter was continued to this date in part to resolve Councilmember Reller-Spurgin's possible conflict of interest. City Attorney stated that based on discussions with the business manager at the employer of Councilmember Reller-Spurgin, it was determined that there would be no conflict of interest. Councilmember Oden questioned what the status of Arenas Road is being proposed. Director of Planning & Building stated that one-half of the street was proposed to be dedicated; that the right-of-way is not necessarily needed at this time; and that the action could wait until the adoption of the Section 14 Master Plan is adopted. Mayor declared the hearing open. ' Ernie Noia, Palm Springs, stated that the Director of Planning & Zoning had indicated previously that a convenant could be entered into regarding the undergrounding of utilities; that the Indian owner does not want to enter into a convenant, but will add language to the lease regarding the undergrounding requirement; that the Indian Council Minutes O1-19-00,Page 2 ' owner has stated that the lease with SCE will not be extended; that it is agreeable to place the Andreas Road dedication as a condition in Phase 2; that it will not be easy to obtain the easement; that the matter will be required to go to the BIA; that it would be better to wait until the start of Phase 2; that the architecture of the building was approved by the Architectural Review Board; that Walgreens will not change its building; that if the Council requires redesign, there will be no project; that the median island condition has not been approved by Walgreens; and recommended that the matter be approved without the four conditions. Dick Sroda, Palm Springs, stated that while, he personally is not sure Walgreens is needed; in his opinion the architecture is fine; that the conditions set in place by the Planning Commission should be adhered to and not changed by the Council; that if the Mayor, who is an architect, says the building is out of scale for the community, then the Council should listen and recommend a redesign. Fred Ebeling, Palm Springs, stated that business should not be discouraged; that the City Council should encourage new business and new development to stimulate the economic growth for the community. Ralph Hitchcock, Utility consultant, stated that Palm Springs needs to reevaluate its Ordinance concerning the undergrounding of utilities; that there is a basic inequity; that if the project was on the other side of the street the undergrounding would not be required; that with the removal of one or two poles, an eyesore will be created; that when an entire section is underground, a benefit is created for the community; that the undergrounding could be deferred by covenant; that economy of scale should be used when evaluating the project; that most Cities have a conversion fee that is built in for which each project pays a share of the undergrounding; and added that the condition on this project will create a hardship on the developer. There being no further appearances, the hearing was closed. Councilmember Hodges questioned the requirement of the 600 feet requiring undergrounding and when the Ordinance was set in place. Director of Planning & Building stated that in the past the requirement was for 300 feet or more and that a convenant was used; that the rule of thumb for SCE is that it is not as cost effective to underground less than 600 feet; but with less than that margin, several poles are removed, then more poles are added to bring the lines up from the ground. City Attorney clarified that the Ordinance reads you shall underground; the recommendation from the community is that the Ordinance should be updated; that conditions could be added to the project to say that the lines must be underground, unless the City amends the Ordinance; the process could be started for the Ordinance amendment and input sought; but that currently the Ordinance does require the undergrounding. COUncllmember Oden questioned if developers on the opposite side of the street will be required to undergound. Director of Planning & Building stated that the opposite side of the street does not require the undergrounding; that Mr. Hitchcock did recommend some sort of fee based on projects; that it may be a good idea to re-examine the Ordinance to allow for flexibility. Council Minutes 01-19-00,Page 3 Councilmember Oden stated, based on the lease, it appears that SCE will have to , remove the overhead lines within a few years anyway; that he is not opposed to undergrounding, but that it should not be piecemeal; that the property :should be coordinated and all the undergrounding done at one time; and added that clarification is need regarding Arenas Road; and questioned if the Planning Commission and Architectural Review approved the building design. Director of Planning & Building stated that the dedication of Arenas is for right-of-way of 40 feet; that the dedication could be deferred until Phase 2; and that the type of building did cause conflict with the Planning Commissioners; that they did examine how the building fit in the scenic corridor; that the soffit height was of concern due to being massive; that normally big box types of building are not the desire of the Commission; and that the Commission recommendation should not effect the interior of the building. Councilmember Jones stated that development of the site by piecemeal is not the best way to develop; that there are many vacant buildings in town that could be used for this project; that there is vacant property located across the street from this project that could be used; and added that all opportunities have not been exhausted. Councilmember Reller-Spurgin stated that this is a prime piece of property; that the question for the Council is this the best use of the property,; that in her opinion it is not; that there are many vacancies in town that could be used; that when the Savon project came before the Council for a similar use, she did deny the project based on the same reasons; that her vote will consistently be the same; and recommended the project be denied. Motion for approval of project with the deletion of condition 97 and condition 32 to be amended when the Ordinance is amended was presented; after which, it was moved by Oden, seconded by Hodges, and failed by the following vote. AYES: Hodges and Oden NO: Jones, Reller-Spurgin and Kleindienst Motion to continue the matter to February 2, 2000 for preparation of resolutions for denial of project was presented; after which, it was moved by Jones, seconded by Reller-Spurgin and carried by the following vote. AYES: Jones, Reller-Spurgin and Kleindienst NO: Hodges and Oden 2. TPM28951 - BRENTWOOD RETIREMENT COMMUNITIES Recommendation: That the Council approve the Tentative Parcel Map 28951 for a proposed two-lot subdivision of 2.19 acres each, located at 1050 Baristo Road, approximately 330 feet east of Avenida Caballeros on the north side of Baristo Road, R-4 zone, Section 14. Director of Planning & Building reviewed the staff report and added that the action ' before the Council is approval of the subdivision map, not the project itself. Mayor questioned where the drive on the side of the property would be relocated. Council Minutes 01-19-00,Page 4 ' Director of Planning & Building stated the rear of the property would be used as the loading area for trucks. Councilmember Reller-Spurgin stated she would abstain due to fiscal impact on her employer. Mayor declared the hearing open, there being no appearances the hearing was closed. Resolution 19722 as recommended was presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, Reller-Spurgin abstaining, that R19722 be adopted. 3. CUP 5.0818 - NEXTEL COMMUNICATION, INC. Recommendation: That the Council approve a Type II Conditional Use Permit for the installation of a commercial communications antenna on a 60-foot monopole and a 200 square foot equipment shelter on a 1.53 acre parcel located at 2050 Executive Way, W-M-1-P zone, Section 6. Director of Planning & Building reviewed the staff report and added that the Planning Commission did support the project unanimously. Mayor declared the hearing open. ' Barbara Side, Nextel, distributed photographs and stated her availability for any questions. Fred Ebeling, Palm Springs, stated that Nextel had been a tenant of his for 19 years; and that they were good tenants and paid their rent on time. Dick Sroda, Palm Springs, stated that since the City has started adding antennas, the airport radar has had problems; and questioned the possible relationship. There being no further appearances the hearing was closed. Councilmember Oden requested the Assistant City Manager address the issue whether the antennas has any effect on airport radar. Assistant City Manager stated that there has been no indication that the antennas are effecting the radar; that cluttering, due to the windmills do cause a problem. Mayor Kleindienst stated that it has been determined that part of the cause of problems with the radar is that the windmills move, that there has been no indication of problems with the stationary poles. Resolution 19723 as recommended was presented; after which, it was moved by Jones, seconded by Hodges, and carried by the following vote that R19723 be adopted. AYES: Jones, Hodges, Oden and Kleindienst NO: Reller-Spurgin. Council Minutes 01-19-00,Page 5 4. Cs5.0805, PD255 - CBM GROUP- GARDEN SPRINGS APARTMENTS , Recommendation: That the Council approve the development of a 60-unit of a very low and low income residential apartment project on a 3.63 acre parcel located at the southeast corner of Indian Canyon Drive and San Rafael Drive, R-2 zone, Section 2. Director of Planning & Building reviewed the staff report and added that developers do request the density bonus; that the City must allow the density; that in this case the developer did not request full density that the project could have allowed; that the project could have been 66 units but only 60 were requested; that there are similar project to this one in town, such as Coyote Run; that there has been alot of public input at the Commission level on this project; that the Planning Commission has required modifications to the project; that project is affordablbe housing and will have tax credit; that the affordability is guaranteed for 55 years; and that one issue raised at the public meetings was of the amount of affordable housing in the surrounding area. Principal Planner stated that there are 60 units planned for the project, with anywhere from two to four bedrooms; that there are a total of four buildings; that three will have 16 units and one will have 12 units; that there is a proposed community building that will also house the leasing site and offices; that the parking is in compliance; that the setbacks do meet Code requirements; that the developer has been sensitive to the neighborhood and will be using landscaping to cut down on the developments view of the surrounding neighborhood; than the housing study has ' indicated a need for additional affordable housing, but did not identify a specific area for it to be located. Councilmember Oden questioned the area for the Tot Lot. Director of Planning & Building stated that the plans did indicate a location east of the management/office building and would provide for youth activities, play area and the like. Councilmember Oden questioned if the site would be targeted for children five and under. Principal Planner stated that that the plans did not address the age group, but a condition could be added to the approval. City Attorney stated that in review of the project Councilmerrrber Jones would have a conflict of interest, due to involvement with the issue before the election, and should abstain from participation in the project. Mayor declared the hearing open. The following persons spoke against the project based on spillover of noise and light, density of people in the area, and location of too many affordable housing projects in one area. ' David Schwartz, 330 E. Molino Jim Isermann, 320 E. Molino Philip Tedesco, 374 Vereda Sur Rick Raio, 200 E. Racquet Club Council Minutes O1-19-00,Page 6 Diane Reed, 3125 Sunnyview Hugh McKinna, Sims Road Frank Tysen, 175 S. Cahuilla Fred Ebeling, Palm Springs The following persons spoke in favor of the project. Jim Cioffi, architect of project Emily Hemphill, 777 E. Tahquitz Edward Macky, CBM Group Michael Burke, CBM Group Gladys McMillan, North Palm Canyon There being no further appearances, the hearing was closed. Councilmember Oden stated that there had been many comments based on the fact that this project is for low-income housing, and questioned if that could be used for a basis of denial. City Attorney stated that it is not a condition that can be used; that there are protections given by the State for affordable housing that apply in this project; that the community has a responsibility to provide affordable housing; that the housing element and SCAG has determined there exists in this City an unmet need for the housing; that the only finding the Council could make is that the approval would adversely affect the health and welfare of the Community. Councilmember Oden stated that then there is no basis for denial and questioned if the developer had made any special requests. City Attorney stated that a density bonus was given; that the zoning ordinance does establish the density, and that the project is of appropriate use for the zone; and that the applicant did not apply for use of the full bonus. Councilmember Oden questioned the height of the wall along the parking area and the use of trees and shrubs; and added that the buildings are two-story and concern has been indicated about the view into backyards and into homes. Director of Planning & Building stated that the closest unit is 80 feet from the property line; that then there will be a hedge next to the wall; that there will also be some carports located over a portion of the parking area; and that with mature growth of the landscaping, adverse view should not be a concern. In answer to questions by Council, Principal Planner stated that there will be a total of 63 covered parking spaces; that single story buildings would be of greater impact to the neighborhood; and reviewed the site line of the neighborhood on visual aids. Councilmember Oden stated that a project this size should have child care; that the objective of the project is to make sure it is the best that can be offered; that the quality of the project is good; that there is no legal basis to reject the project; that the developer has attempted to meet the concerns of its neighbors; that he has visited another facility ran by the management group and it is a well run facility; that it is not a crime to be poor; that there are a lot of poor people, but that does not mean they are not good people; and added that a child care facility should be made a condition of the project. Council Minutes O1-19-00,Page 7 Councilmember Hodges stated that Councilmember Oden did summarize the case , well; that there is a large population of low-income people that need the housing; that the project is well thought out; that the units are of nice size; that while the public comments are appreciated, the project has mitigated the concerns; and that the project is gated and will be an asset to the community. Mayor Kleindienst stated the Council needs to address the needs of all the Community; that this type of housing is needed; that this is a top quality project; that the setbacks are appropriate; that the parking is sufficient; that the requests by the developer do not seem extraordinary; that the architecture is good; that the open space allowance and the gating of the project are all positive; that the project will enhance the community and that the child care center is needed for the project. Director of Planning & Building stated after conference with developer, the applicant will add the site back to the project; that it will be designed to be a benefit to the project; and added that this will be added as a condition of approval. Councilmember Reller-Spurgin stated that during review of the project her opinion was to vote no; that now that the design has been reviewed, it does seem appropriate; and added that she had worked herself out of similar housing projects. Resolution 19724 as revised, to include Condition to add Child Care Center was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, Jones abstaining, that R19724 be adopted. City Clerk read Title of Ordinance as follows: ' AN ORDINANCE OF THE CITY OF.PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM R-2 (LIMITED FAMILY RESIDENTIAL ZONE) TO PLANNED DEVELOPMENT DISTRICT 255 AT THE SOUTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL DRIVE, SECTION 2. It was further moved by Hodges, seconded by Reller-Spurgin, Jones abstain, that further reading be waived and the Ordinance be introduced fDr first reading. PUBLIC COMMENTS: a) Comments regarding item 5: The following persons spoke against the Mountain Falls Preserve Golf Project: Steven Sims, Las Palmas Jeff Morgan, Palm Springs Wayne Brechtel, Sierra Club Kevin Brennan, Dept of Fish & Game Den Korry, US Fish & Game Jim DeForge, Big Horn Institute Lawrence Cone, no address given Stuart Barton, Las Palmas ' Marian Hargrave, Las Palmas Sharon Lock 1517 Sagebrush Marvin Brian, 925 Crescent Dr. ?, Crescent Dr Stacey Ostermann, Big Horn Institute Council Minutes 01-19-00, Page S ' Jim Bauer, Big Horn Institute Bob Seale, no address given Selena Tracer, no address given Fred Ebeling, Palm Springs The following persons spoke in favor of the Mountain Falls Preserve Golf Project: Art Lyons, Palm Springs Ralph Thornton, Palm Springs Chamber Ray Lovato, 1533 Chapperral, PS Hotel Assn Ken Feenstra, Palm Springs Ralph Hitchcock, PS Economic Development Corp Kitty West, Palm Springs Robert Sanelli, 605 Crescent Dr. Fred Grand, Preserve of Mountain Falls Linda Ferguson, no address given Martin Mueller, Palm Springs Tom Suitt, Palm Springs Harvey Strozier, 3151 Airway Eric Mueller, Palm Springs Jim Davis, Palm Springs Gladys McMillan, Palm Springs Jeff Foster, no address given ' b) The following persons spoke regarding item 8: Dick Sroda, Palm Springs, stated the City has a no concert provision at Angel Stadium and questioned why staff would bring this item to the Council; and added that parking for the area has been eliminated. Linda Sroda, 2114 Calle Felicia, stated that the concert being proposed is slated for Holy Saturday; that the neighborhood does not want the concert and requested Council deny the matter. c) The following person spoke on matters not on the agenda: Ron Miller, stated that justice will prevail and added that he had been a faithful provider to the airport for many years. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmember Hodges requested a report regarding the policy of palm tree trimming; and requested Council compensation be discussed. LEGISLATIVE ACTION: 5. MOUNTAIN FALLS GOLF PRESERVE Recommendation: On January 5, 2000, Council continued this matter to approve ' resolutions to certify the Final Environmental Report, Statement of Facts and Findings, Statement of Overriding Considerations, Mitigation Monitoring Program; approve the General Plan Amendment and approve the Conditional Use Permit and Ordinance to change the zoning on a portion of the property. Council Minutes O1-19-00,Page 9 Director of Planning & Building reviewed the staff report and added that information ' was submitted tonight; that the information is not new information, just more of the same information; that sheep do use the area, the use has not been denied; and requested approval of the project after review of visual aids. City Attorney stated that the judge did have a problem with previous action taken; that counsel is not sure if the action being taken will fully correct the problem, but that the action will be taken back to court for approval; that this should not be taken as a tool to delay the project; that the information submitted is not new, merely updated information; that each time this matter is heard, the representatives of some agencies indicate new information is being given for consideration, that the information is not new, and there seems to be no end to the process; that the Council should be advised to examine the project carefully, and make its decision accordingly; that some had argued that the Council felt it was being pressured into a decision due to pending litigation; that in fact that is not the issue, but that the Council did need the opportunity to discuss possible ramifications and course of action, and that has been done. Councilmember Oden thanked the staff for the report and requested review of the project on the site map. Director of Planning & Building reviewed the renderings of the project and the site maps; and added that the golf course itself had been shifted lower to help with the mitigation. Councilmember Oden questioned the precedence of goH` courses in residential ' areas. Director of Planning & Building stated that Mesquite, Tommy Jacobs, PS Country Club, Canyon Country Club are all golf courses that are within residential areas; that historically there does not seem to be a problem in those areas; that traffic: is usually scheduled, due to play being scheduled; that there will be a peak hour due to peak play; but added that the neighborhood should not experience: ongoing heavy traffic. Councilmember Oden stated that it appears that the developer has tried to answer the concerns of the neighborhood, and is still willing to made concessions in spite of all the negativity and that says something about the developer. Councilmember Reller-Spurgin stated that when this matter was on the ,January 5, 2000 agenda there was alot of information given to the Council at the meeting; that it takes time to read and examine information; that she has struggled with this project; that there are impacts on the neighborhood; that there does not seem to be one right answer to the issue and added that no matter how one votes, someone will take offense. Resolution 19725 and 19726 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and carried by the following vote that R19725 and 19726 be adopted. AYES: Oden, Reller-Spurgin and Kleindienst ' NO: Jones and Hodges Council Minutes 01-19-00, Page 10 ' City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE ZONING MAP FROM W-R-1-A (WATERCOURSE WITH SINGLE FAMILY RESIDENTIAL - 20,000 SQ. FT. LOT SIZE) TO 0-20 (OPEN SPACE - 20 ACRES MINIMUM LOT SIZE) LOCATED IN SECTION 10 after which, it was moved by Oden, seconded by Reller-Spurgin and carried by the following vote, that further reading be waived, and the Ordinance be introduced for first reading. AYES: Oden, Reller-Spurgin and Kleindienst NO: Hodges and Jones. 6. NATIONAL MONUMENT Recommendation: That the Council adopt a joint resolution with the Tribal Council of the Agua Caliente Band of Cahuilla Indians recommending modification to the boundary map and text of the Santa Rosa and San Jacinto Mountains National Monument Act of 1999. Item was withdrawn by City Manager. ' Councilmember Hodges left at this time- 11:35 p.m. 7. COMPREHENSIVE FEE SCHEDULE AMENDMENT Recommendation: That the Council amend the Comprehensive Fee Schedule adding registration and termination fees related to the Domestic Partnership Ordinance. City Manager reviewed the staff report. Councilmember Oden questioned if the fee would cover the costs. City Manager stated that the costs were somewhat uncertain at this time and that if the fee did not cover the costs, the matter would be brought back to the Council for review. Resolution 19727 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, Hodges absent, that R19727 be adopted. 8. CONCERTS WITH A CAUSE Recommendation: That the Council approve City sponsorship of "Concerts With A Cause" waiving the current policy regarding no concerts in Palm Springs Stadium, ' and adopt a resolution suspending certain regulatory ordinances during the 2000 event. Director, Department of Facilities reviewed the staff report and added notwithstanding the current policy of the Council this item was related to support of charities; that in addition Santana was selected as "Album of the Year"; that the Council Minutes 01-19-00,Page 11 promoter does have a track record of producing these types of concerts; that one of ' the conditions will be that if Santana does not appear, the concert will not happen; that the promoter will be required to adequately notify the neighborhood; that the issue of noise and traffic were raised; and that the promoter did furnish a proposal concerning those issues that is a part of the staff report. Councilmember Oden questioned if the Special Events; Planning Committee reviewed the plan; and added that there are specific concerns regarding the parking; that a number of people could attend this concert and questioned if there were any other events happening in the Valley at the same time. Councilmember Jones stated this does not indicate a concern for the neighbors of Angel Stadium; that the music will be heard up to three-quarters mile away; that it is against the policy of the Council; that the neighborhood has addressed its opinion against the concert; and that this issue being brought to the Council lacks consideration for the neighbors of the area. Mayor Kleindienst stated that this would be a great band for Palm Springs; that it may be that the Parks and Recreation Commission should review the matter and find alternative venues; that the time for the concert is from 3 p.m. to 9 p.m. and consistent with what the Council wants. City Manager stated that the reason this matter was brought to the attention of the Council was that the promoter requested the consideration. Motion to deny venue and direct staff to work with promoter for alternative site was ' presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, Hodges absent, that the Motion be approved. 9. ADDITIONAL LEGISLATIVE ITEMS: None. CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. 10. Res 19728 endorsing concept of an Asset Leverage of Airport Pn:)perty to achieve development of a full FIS facility and request Congressional assistance to secure necessary federal legislation changes to GSA Regulations. 11. MO 6555 approving purchase price of$1,657.14 for assessor's parcel 522-240-007-4, 40-acre parcel located in Blaisdell Canyon, by the Coachella Valley Mountain Conservancy. A4190. 12. See item 21 below. 13. Res 19729 approving Final Map 28610, J. Frank Ferre, Trustee, to divide property located at 1106, 1168, 1172 and 1350 Tachevah Dr., T4S, R4E, Section 11. 14. MO 6556 accepting right-of-way parcels being dedicated from Linsu Corporation and ' Davis C. Austin for public street right-of-way at the intersection of Chuckwalla and Chaparral Roads, T4S, R4E, Section 11. Council Minutes 01-19-00,Page 12 ' 15. MO 6557 approving lease agreement revisions with Anton Airfood, Inc., the food and beverage concessionaire at the Palm Springs Regional Airport for a percentage rental adjustment to the minimum annual guarantee during the construction phase of the terminal concessions development program. A4158. 16. MO 6558 approving purchase of small parts inventory for the passenger loading bridges from FMC Jetway Systems for$13,969.31. 17. MO 6559 approving purchase of self-contained breathing apparatus from Allstar Fire Equipment, Inc., for$22,327.24 for use in conjunction with fire fighting activities. 18. MO 6560 approving Change Order#4 with G & M Construction for$32,300 for underground storage tank removal and replacement, CP95-17. A3902. 19. See item 22 below. 20. Res 19730, 19731, 19732 and 19733 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 949851 Dennis Spurgin Spouse 950151 Resolutions 19728 through 19733 and Minute Orders 6555 through 6560 were presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, Hodges absent, that R19728 - 19733 and MO6555 - 6560 be adopted. EXTENDED CONSENT AGENDA: 21. RECREATION DIVISION SOFTWARE Recommendation: That the Council approve purchase of Recreation Division activity scheduling software from Sierra Digital Inc., for$10,573.59. Councilmember Jones questioned the need for the purchase of a software program for scheduling of activities. City Manager stated that the program could be demonstrated to the Council. Director of Facilities stated that the existing software not only coordinates activities, but events and the accounting for the Division; that the existing software is not Y2K compliant; that a RFP process was let; that the next low bidder was three times higher; that there are mechanical upgrades that are needed; and that the program will be used by six people on a daily basis. Minute Order 6561 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and carried by the following vote that MO6561 be ' adopted. AYES: Oden, Reller-Spurgin and Kleindienst NO: Jones ABSENT: Hodges Council Minutes O1-19-00, Page 13 22. PALM SPRINGS VIRTUAL UNIVERSITY CONSULTANT ' Recommendation: That the Council approve nine-month professional services agreement with Roger Owens for $32/per billable hour, not: to exceed $56,000, for the Palm Springs Virtual University. A4191. Councilmember Jones stated that a letter from the City Attorney caused some concern as to approval of the matter and questioned what would happen when there were no grants to cover expenses. City Manager stated this particular consultant will be funded entirely by grant; that the purposes of the study is to determine how to get the VU on line and study rates to determine the cost of becoming a full University; that most Universities are funded by the State; that our courses are presently extension courses;; and that this action will move the VU forward. Librarian stated that the VU is a complicated and complex project; that there are questions that must be answered regarding professors and the range of financial aid for students; that the staff with the library do not know the answers to these types of questions; that the consultant contract will not and does not exceed what the State is allowing in its grant to the library; and that a study session could be held to update the Council on future problems and successes of the VU. Councilmember Oden stated that courses are now conducted at the VU; that this contract would allow the articulation of a feasibility study to address being a university and the need of professors. Librarian stated that the goal of the.VU is to offer all types of courses; that the consultant will outline how to the programs started; that it wall lead to adding courses and attaining degrees; but that it is not certain what the direction of the VU should be until the study is completed. Mayor stated that the City did contact with the Library; that: this is the type of issue that should be considered by the Library Board; that the purpose of the contract with the Library was to allow some independence in decision; that the VU does a remarkable job; and that the State has supported the VU fully. City Manager stated that the Procurement Ordinance requires any contracts over $5,000 to come to the Council for approval Minute Order 6562 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, Hodges absent, that MO6562 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: 23. DEPARTMENTAL reports or requests a) Treasurer's Investment Report- November 30, 1999, received for filing. ' b) Consideration of alternative placement of Agenda items, this matter continued to February 2, 2000, meeting. Council Minutes O1-19-00,Page 14 CITY COUNCIL reports or requests- None Councilmember Reller-Spurgin left at this time 12:20 a.m. PUBLIC reports or requests Dick Sroda, questioned why the concert issue even appeared for consideration to the Council and added that the promoter should be charged for appearing on the agenda. Fred Ebeling, Palm Springs, questioned the parking regulations for recreational vehicles and added that his home was burglarized and questioned the procedure the Police Department should be taking. Ron Miller, stated that Palm Springs is cursed with the Assistant City Manager and recommended that he leave the City. City Attorney stated that the decorum of the public is to stay on the issue, and not to abuse , members of City staff. STAFF reports or requests - None ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk 1