HomeMy WebLinkAbout3/21/2001 - STAFF REPORTS (3) CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
FEBRUARY 21, 2001
A Regular Meeting of the City Council of the City of Palm Springs, California, was called to
order by Mayor pro tem Oden, in the Council Chamber, 3200 Tahquitz Canyon Way, on
Wednesday, February 21, 2001, 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, Oden, Reller-Spurgin
Absent: Mayor Kleindienst
The meeting was opened with the Salute to the Flag, and an invocation by Reverend
Clifford Harris-Ajalon Baptist Church
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on February 16, 2001.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 5 of agenda this date.
PRESENTATIONS: Police Department to Mark Logan Landscape Inc.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY - No Business
PUBLIC COMMENTS:
a) Comments on Item 16:
Jordin Kuecks, 4348 Camino Parocela, stated that the Palm Springs Animal
Shelter is an example of something that is run well in the City, that there are
changes being proposed and cautioned the changes should be monitored; that
with proper staffing a valley wide shelter would be a good idea but that other
Cities do have problems with their shelters and that Palm Springs does not.
b) Comments on Matters not on the Agenda:
Philip Tedesco, 1303 Primavera, stated that Deepwell Ranch is adjacent to the
Biltmore; that the hotel property is an eyesore; that the area has become a home
for the homeless, a hangout for youth for improper and illegal acts; that their site
is infested with rats and raccoons; that a series of photographs, on file in the
Office of the City Clerk, show the deterioration of the site; that the site needs to
be cleaned up; that a petition has been signed by 90% of the Deepwell
homeowners to request the City to take action against the property owner; that
the petition will be filed with the Office of Neighborhood Involvement; and
requested Council intervention for the abatement of the property.
Muriel J. Sporkin, 1261 Primavera, stated that for the past 5 to 6 years Code
Enforcement has been notified by the surrounding property owners of the
problematic property; that the site is in terrible condition; and that the Council
needs to be aware of the problem.
I
Council Minutes
02-21-01, Page 2
Linda Grant, 70420 Mottle Circle, Rancho Mirage, Biltmore Hotel property owner,
stated that the property is to be renovated to a beautiful site; that this property is
the only example left in the City that has a 40 year old history; that the citizens of
Palm Springs should be happy that someone is willing to invest in that history
and bring the property up to a 5 star status; that there is an architect on board;
that the architect is excited about the property; that apologies are made to the
neighbors for the condition of the site; that the structures of the building are
sound; that financiers for the project will be meeting in the next week; that the
project will be cleaned up and someone will be located on the site to monitor
vagrants and trespassers; and that patience is being requested of the
neighboring properties to allow the opportunity to make a difference with the
property and in the City of Palm Springs.
Ron Miller, 1750 Sharon Road, stated that in his opinion there are current
examples of the 'Peter Principal' occurring with City staff; that some staff
members are being allowed to rise to a higher level of incompetence; and added
that the City should be cautious in use of its right of eminent domain; and that
the City should enter the coming negotiations with settlement options so that
healing can begin to take place throughout the City.
APPROVAL OF CONSENT AGENDA: Items 1 thru 15. Except Items 6, 7, 8,10, & 14
CONSENT AGENDA:
It was moved by Reller-Spurgin, seconded by Jones, and unanimously carried,
Kleindienst absent, that Items 1 thru 15, excluding item 6, 7, 8, 10 and 14 be
adopted.
Review by City Manager of Consent Items to be clarified.
City Engineer clarified that item 5 was to delete a portion from the bid to remove
the Desert Moon from demolition.
1. Approval of Minutes of December 6, 2000.
2. MO 6799 authorizing additional reimbursement to Anton AirFoods, Inc. (AAI) for
asbestos removal related to the construction of the Celebrity Bistro for $4,000,
total contract $22,000.
3. MO 6800 approving Amendment #1 to A4209 with Consolidated Engineers &
Constructors for airport engineering services to modify the scope of service to
reference a 1250KW terminal emergency generator and to allow the transfer of
$40,000 from the airfield generator project fund to the terminal generator project
fund.
4. MO 6801 approving Change Order #3 to A4044 with K.R. Barker & Associates,
LLC dba CDI Communications Consultants for additional communications
consulting services for the airport for$5,000, final contract $87,480.
5. MO 6802 approving Change Order #2 to A4111 with Environmental Control
Systems to decrease the contract by $18,800, deleting Bid Schedule C for
Desert Moon, for asbestos abatement and demolition project, total contract
$106,400. CP98-05.
Council Minutes
02-21-01, Page 3
6. See Extended Consent Agenda
7. See Extended Consent Agenda
8. MO ----- approving agreement with RGA Landscape Architects, Inc., for
landscape architectural design services for Gene Autry/Ramon Median
Landscape Project for$84,300. CP00-01, A-----. City Manager withdrew item.
9. MO 6803 approving a Consent to Sublease between Verizon (formerly Pactel,
Airtouch Cellular A3281) and California Tower for access rights for marketing
and maintenance to the cellular tower located at 1901 E. Baristo Road.
10. See Extended Consent Agenda
11, MO 6804 approving contract with Digital Internet Services Corporation for high
speed wireless internet access for 18 months (through fiscal year 2002) for a
one time set up cost of $3,463 and monthly service of $1,730, total contract
$34,603. A4346.
12. MO 6805 approving Change Order #2 to A3998 with Tom Dodson & Associates
to incorporate a new project alternative and revise and update visual, traffic and
noise studies for the preparation of an Environmental Impact Report for Palm
Hills for$64,000.
13. MO 6806 awarding Bid 01-11 to ComSerCo Communications for 30 Fire
Department hand-held radios and accessories for$14,065.85,
14. See Extended Consent Agenda
15. Res 19993 and 19994 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Hodges 961432 DWA Client of Employer
961455 Chris Foster
961465 Granite Const.
961580 Preferred Plumbing
Reller-Spurgin 961735 Spurgin Spouse
EXTENDED CONSENT AGENDA:
6. EAST PALM CANYON —GENE AUTRY WIDENING
Recommendation: That the Council approve Change Order#2 to A4223 with E.
L. Yeager Construction for the East Palm Canyon/Gene Autry Trail Widening for
$4,600, final contract $1,207,042.83. CP92-36.
Councilmember Hodges stated that the project seems to be going on forever and
questioned why the project is not completed.
City Engineer stated that the project is complete with the exception of the
proposed change order, but that the road is completely open at this time.
Council Minutes
02-21-01, Page 4
Councilmember Hodges stated that the City has had a policy prohibiting road
construction during the season and questioned if the policy has been changed.
City Manager stated that the policy is still in place, but that there are some
extraordinary circumstances with this particular project.
City Engineer stated that the policy runs from November to May; that staff does
try to abide by the policy, but some circumstances take longer to get in place;
that the project started in July; that a two to three week delay was encountered
due to additional approvals needed by CalTrans; and that the result was that
construction was delayed.
Councilmember Hodges stated that it seems that this year the Ordinance for
road construction was not being adhered to; that citizens have criticized the
length of time of this particular project; that it seems that there have been
lengthy periods of time when no work was being done on the project and that the
problem of timing of the projects has been evident this past year.
Councilmember Reller-Spurgin questioned if the signal would need to be pulled
to allow for wiring to be set in place; and the length of time to complete the
change.
City Engineer stated that an additional 19 days would be needed and that only
the base concrete needs to be poured.
Councilmember Reller-Spurgin questioned why the change order was being
presented to Council since the cost was less than $5,000.
City Manager stated that the combined change orders now exceed $5,000; and
that, in addition, staff did want to update the Council on the project progress.
Minute Order 6807 was presented; after which, it was moved by Reller-Spurgin,
seconded by Jones, and unanimously carried, Kleindienst absent, that MO6807
be adopted.
7. PALM SPRINGS CITY HALL PARKING LOT SURVEY
Recommendation: That the Council approve Amendment #1 to A4333 with
Sanborn A/E, Inc., for topographic surveying for the City Hall parking lot project
for$3,950, final contract $6,900. CP00-29.
Councilmember Jones questioned the total cost of the parking lot project.
City Manager stated that the recommendation is for the design work only.
City Engineer stated that the Capital Improvement Project Budget funded
$215,000 to improve the southerly portion of the City Hall parking lot.
Councilmember Oden questioned if the parking lot would be improved in phases.
City Engineer stated that the intent was to phase each portion of the lot.
Councilmember Jones stated that the improvement is non-essential at this time;
that with the energy crisis it would be best to delay the project and added that
Council Minutes
02-21-01, Page 5
although this recommendation is only for design costs, the Council will be asked
to approve construction costs and that the lot is not in drastic shape.
Councilmember Hodges stated that this request is for preliminary costs to
determine if the Council should consider the construction.
Councilmember Jones questioned how long the design proposal would be valid.
City Engineer stated that design estimates are typically good for a couple of
years.
Minute Order 6808 was presented; after which, it was moved by Reller-Spurgin,
seconded by Hodges, and carried by the following vote that MO6808 be
adopted.
AYES: Hodges, Oden and Reller-Spurgin
NO: Jones
ABSENT: Kleindienst.
10. ENTERPRISE RENT-A-CAR RENTAL
Recommendation: That the Council approve a rental with Enterprise Rent-A-Car
for six vehicles for fleet use at a total monthly cost of$4,800.
City Manager stated that it would be a general rental for the Fleet Department,
with the same number of vehicles surplused; and that for some uses by the City,
it is beneficial to rotate the types of vehicles being used by staff.
Minute Order 6809 was presented; after which, it was moved by Reller-Spurgin,
seconded by Jones, and carried by the following vote that MO6809 be adopted
AYES: Jones, Oden and Reller-Spurgin
NO: Hodges
ABSENT: Kleindienst.
14. PALM CANYON THEATRE
Recommendation: That the Council approve Amendment #7 to A4089 with
Interactive Design Corporation for reconstruction and construction management
services of the fire damaged portion of 538 North Palm Canyon Drive, Palm
Canyon Theatre for $26.000, costs to be reimbursed by insurance.
City Manager stated that the matter had been reviewed at the previous study
session; that Council did recommended other remodels that were needed to the
Theater; and that to address the concerns, an additional $4,300 would be
needed.
Councilmember Oden questioned where the funding for the necessary repairs
would come from.
City Manager stated that the insurance would cover $26,000; and that the
Capital Improvement Fund could fund the additional $4,300.
Council Minutes
02-21-01, Page 6
Minute Order 6810 as revised, for a total of $30,000 was presented; after which,
it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried,
Kleindienst absent, that MO6810 be adopted.
PUBLIC HEARINGS: None
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
Councilmembers reported on various civic and community organizational
meetings and events which they attended, subsequent to the last regular
meeting, and announced upcoming events of community interest.
Councilmember Reller-Spurgin requested that the matters of PM-10 issues and
the Utility User Tax be scheduled for the next Study Session.
Councilmember Oden requested consideration of an alternative for the Riverside
Community Action Group; and the addition of trash receptacles placed at
strategic locations during Villagefest.
LEGISLATIVE ACTION:
16. VALLEY-WIDE ANIMAL SHELTER
Recommendation: That the Council discuss consideration of a Valley-wide
animal shelter.
Corky Larson, CVAG representative, stated that assistance is needed from the
City of Palm Springs to provide a solid valley-wide animal shelter; that it is
important to take care of lost or unwanted animals in a humane way on a
regional basis; that Palm Springs Animal Shelter is one of the best in the Valley
and a model to be used for the regional shelter; that the people at the Palm
Springs Animal shelter are concerned with the care and treatment of the animals
they receive; that it is clear that the Palm Springs Animal Control Officer
Supervisor needs to be included in the discussion on the implementation of a
regional shelter; that the concept of a regional shelter started in August, 2000;
that many levels of shelters have been reviewed; that there are different
scenarios that could be implemented in the program; that it could be that a City
picks up the animals and place them in a City holding facility; that another would
be a full service regional animal control; that the costs for animal control is now
approximately $1.4 million valleywide; that a regional facility would be
approximately $900,000; that the Cities could join together to approve a bond to
build the facility, and jointly cover the costs of running the facility; that there are
10 acres that Animal Samaritans is willing to negotiate on located near Ramon
Road and Interstate 10; that the area is accessible; that animal advocacy groups
will be consulted during the planning process; that Palm Springs Animal Shelter
staff will be a vital part of the planning team; that there is a woeful lack of
humane and adequate care for animals valleywide; and that with the help of
Palm Springs the regional approach will be given the right direction.
Councilmember Hodges stated that the request to bring this matter forward was
on her part; that there is concern that Palm Springs should not give up what the
City has; that the regional facility will be on a smaller scale than what is existing
valleywide; that the City of Palm Springs does have the highest percentage of
returned animals; that the City has a low "no kill' policy; that many of the Cities
Council Minutes
02-21-01, Page 7
have a bad reputation for their care of animals; that personally, her initial
reaction is to keep what the City has or to keep the facility as a holding facility,
after which, in one weeks time, the animals would be transferred to Thousand
Palms; and that in reading the materials, there should be viable concern whether
or not the City of Palm Springs should be involved.
Ms. Larson, stated that the regional facility will be raised to Palm Spring's
standards; that many of the valley cities do have shelters, but have too many
animals housed in them; that it is important for all the Cities to be involved, but
that there are stages of involvement; that discussion has been cancelled for the
next week to allow time to schedule meetings with the Palm Springs Police Chief
and Animal Control Supervisor; that the regional facility does desire and will seek
out someone to run the facility with the same compassion as the Palm Springs
Animal Control Supervisor; and that with that thought in mind, the regional facility
can be something good for all the valley cities.
Councilmember Hodges stated it would be good to see all the valley cities animal
shelters raised to Palm Springs standards and questioned the need for the
regional facility to house a medical center.
Ms. Larson, stated that the plans before the cities are conceptual; that the facility
was designed like the Moreno Valley shelter; that the number of kennels shown
on the plans is somewhat misleading; that there should be 75 kennels shown
and with a double stack 150 will be able to be used; that the figure concerning
the kennels will be given to the City's representative, Councilmember Jones, at
the next valleywide animal shelter meeting.
Councilmember Reller-Spurgin stated that the plans indicate the kennels are too
high from the floor.
Ms. Larson, stated that there have been a number of justifiable questions; that a
full report will be given at the next CVAG meeting; that the process is taking a
long time and that it is frustrating, due to some cities having such terrible
conditions to house the animals; and that the concept of the facility is to be like
the "no kill" facility of Palm Springs.
Councilmember Hodges questioned if it would be possible to remove the medical
center to house additional kennels.
Ms. Larson stated that all options are open.
Councilmember Oden stated that the dialogue has been informative; that it is
good that all the valley cities are onboard; that although there are some bad
conditions in other Cities, Palm Springs is an example of a good facility; that the
service that Palm Springs provides is due to its employees; that the City is
always complimented on its employees at the Animal Shelter and that it would be
good to help the rest of the valley.
Councilmember Hodges stated that the Council does need to consider the cost
of maintaining the facility as it is, or to use it as a holding facility only.
City Manager stated that a report would be forthcoming within two weeks with
various options and scenarios for the Council to consider.
Council Minutes
02-21-01, Page 8
ADDITIONAL LEGISLATIVE ITEMS: None
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
17. Board/Commission 2001 Sub-Committee Assignments
Rent Review Commission Appointment Term ending 6-30-02 — Mayor pro tem
appointed John Aguilar; after which the Council ratified the appointment.
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
March 7, 2001
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, March 7, 2001, 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, Oden, Reller-Spurgin, and
Mayor Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag, and an invocation by Reverend
James Griffes — P.S. Presbyterian.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on March 2, 2001.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION
(All Entities) - See items on Page 5 of agenda this date.
PRESENTATIONS: .PSHS Student Body Report
Police Department-Zaki-Jabbar S. Robinson
City of Palm Springs Finance Department
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business
PUBLIC COMMENTS:
a) Comments on matters not on the agenda:
Keith McCormick, stated that for the past 15 years 2 Classic Car Show
and Auctions have been held each year; that 10 days ago the event
hosted the largest attendance in its history; that there is a program with
future booking at the Convention Center; that the Director of the
Convention Center's policy is that if there are no hotel bookings
connected to the event, the future bookings can not be made; that
without future dates secured, the event is doomed; that the event
generates approximately $10 million of revenue to the City; that the event
needs a three year advance booking for two weeks each year; that the
Council needs to get involved and request that the Convention Staff grant
the event a variance in order to secure the dates.
Council Minutes
03-07-01, Page 2
Lorre Diamond, performer, stated that for the past 20 years
performances have been held for both small and large audiences; that
Main Street is in favor of her performances being in the downtown area;
that the City is requesting a $325.00 Land Use Permit; that it is requested
that the fee be waived; that the performances would be slated to be held
at the Village Green, Plaza Mercado, Vineyard, and in front of the Desert
Fashion Plaza; that the performances are well received by the public; that
the performances are on the street with no stage or sound required, and
requested Council consideration of waiver of fees.
APPROVAL OF CONSENT AGENDA: Items 1 thru 13. Except Item 2.
Councilmember Oden requested clarification of how many homes were
completed each phase.
Assistant City Manager-Operations stated that the Phase I consisted of 10
homes; Phase II included 34 homes; and that Phase III has 119 homes; that
there are 85 homeowners that have not yet responded; and that staff has been
going door to door to encourage the homeowners to participate in the program.
Councilmember Oden stated that contact has been made with homeowners that
have completed the program; that the result has been satisfactory; and that it is
hoped the program can be expanded past the borders that are currently in place.
It was moved by Reller-Spurgin, seconded by Jones, and unanimously carried,
that Items 1 thru 13, excluding item 2, Hodges abstaining on the Minutes of
February 7, 2001, be adopted.
1. Approval of Minutes of February 7 & 14, 2001.
2. See Extended Consent Agenda below.
3. Res 19995 approving five (5) pre-qualified general contractors, to bid in Step II of
the airport residential sound insulation project and authorize staff to issue the
Information for Bid — Step II documents, CP00-30. Kleindienst, Abstain-prior
FPPC Airport ruling.
4. MO 6811 approving Amendment #1 to A4245 with Engineering Resources of
Southern California, Inc., for East Palm Canyon/Gene Autry Trail widening for
$1,860, total contract $13,065, CP92-36.
5. Res 19996 adopting a Resolution of Intention and setting hearing for April 4,
2001 to vacate a portion of the right-of-way dedicated for the public street named
Farrell Drive, Section 12, T4S, R4E, R-00-003.
6. Res 19997 adopting a Resolution of Intention and setting hearing for April 4,
2001 to vacate a portion of the right-of-way dedicated for the public street named
Linda Vista Drive, Section 15, T4S, R4E, R-00-054.
Council Minutes
03-07-01, Page 3
7. MO 6812 accepting a Grant of Right-of-Way from Desert Water Agency, a
dedication for public street right-of-way for Marguerite Street, Section 29, T4S,
RSE, R-01-003.
8. MO 6813 approving reimbursement agreement with the County of Riverside
using Coachella Valley Air Quality Enhancement Grant (COLMAC) funds to
assist in the purchase cost of a 2001-compressed natural gas (CNG) F-150
pickup truck for$10,000. A4348.
9. MO 6814 approving a supplement agreement 007-M to A4216 for the preliminary
engineering design phase of the Gene Autry Trail sidewalk/bikeway project for
$12,000 (Federal - $10,623, Local - $1,377 match) CP00-01.
10. MO 6815 authorizing a purchase order to American Cooling Tower, Inc., for the
repair and replacement of fill media to the cooling tower at the Municipal Cogen
facility for $10,163.50.
11, Res 19998 opposing WECS No. 71 for the addition of 23 wind turbines, located
north of 1-10 and west of Whitewater Canyon Road, Cs 20-144, Section 3.
12. Res 19999 supporting an amendment to Riverside County Ordinance 348 (Land
Use and Zoning) regarding scenic resource protection and initial study pursuant
to Environmental Assessment No. 38147, (the action proposed by Riverside
County would increase the areas where wind energy projects would be
prohibited, located south of 1-10 and Hwy 111 in the Snow Creek area).
13. Res 20000 and 20001 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant # Payee Particular Nature of Conflict
Hodges 961883 Chris Foster Client of Employer
961887 G&M Construction
961974 Preferred Plumbing
Kleindienst 962070 Kleindienst
EXTENDED CONSENT AGENDA:
2. AIRPORT TAXIWAY W REHABILITATION
Recommendation: That the Council approve a contract with E.L. Yeager
Construction for Airport Taxiway "W" rehabilitation for $5,049,966 CP00-34, AIP
28 & 30, a 90% federally funded project. A4347.
City Manager reviewed the staff report, no further report was given.
Council Minutes
03-07-01, Page 4
Resolution 20002 was presented; after which, it was moved by Reller-Spurgin,
seconded by Oden, and unanimously carried, that R20002 be adopted.
PUBLIC HEARINGS:
14. VACATION — BISNAGA AVENUE RIGHT-OF-WAY
Recommendation: That the Council vacate a portion of the right-of-way
dedicated for the public street named Bisnaga Avenue lying south of Cholla
Place, Section 25, T4S, R4E. R-00-053.
City Manager reviewed the staff report.
Mayor declared the hearing open.
Joyce M. Parry, 2370 S. Araby, stated support of the vacation, but added that
the action will land lock her property; that there is a problem with dumping in the
wash which may result in flooding of her property and that there is a concern that
there may be hillside building behind her property.
There being no further appearances the hearing was closed.
Councilmember Hodges questioned if staff has addressed the concerns of Ms.
Parry.
Director of Planning & Building stated that all hillside building is subject to
Architectural Approval, and that any permits that were requested would be
subject to notice of adjacent property owners; and that the City Engineer could
address drainage issues.
City Engineer stated that the vacation of the street is a separate issue; that the
roadway to be vacated does not exist, nor is planned for in the future; that the
adjacent property owners did request the vacation; and that contact will be made
with Ms. Parry regarding possible drainage and dumping issues.
City Attorney questioned the issue of land locking the property.
Cit Engineer stated that two lots 13 & 8, were merged into one lot with access
through Araby and that the second set of lots 7 & 14 were merged with access
through Bisnaga.
Resolution 20003 as recommended was presented; after which, it was moved by
Hodges, seconded by Reller-Spurgin, and unanimously carried, that R20003 be
adopted.
Council Minutes
03-07-01, Page 5
15. APPEAL — CUP 5.0852 — 490 S. INDIAN CANYON DR. — EAGLE
MOTORCYCLE
Recommendation: That the Council consider an appeal of the decision by the
Planning Commission to issue a Conditional Use Permit for a Motorcycle Rental
located at 490 South Indian Canyon Drive.
Mayor stated that the landowner was a client of his business and that due to the
Conflict of Interest, he would abstain.
Director of Planning & Building reviewed the staff report and added that the City
Council does have a range of actions; that the Planning Commission decision
can be upheld, overruled or modified; that the City Attorney and the Director of
Planning & Building can assist the City Council in whatever direction it chooses;
that the determining Resolution will be brought back to Council at its next
meeting on its Consent Agenda for final approval; that approval of the Planning
Commission decision would not allow any outdoor advertising or display of
merchandise; that the only outdoor activity would be the departure and arriving of
customers; that the appeal was filed by the Historic Tennis Club homeowners;
that one of the basis was that the Ordinance was amended without citizen
involvement; that the Ordinance was noticed for public hearing; that the
Ordinance was adopted by the Council; that Planning Commission approval was
further based on the requirement that the motorcycles be stock, and not modified
in any manner; that the property is now abandoned; that the previous use was a
gas station; that the activity for the proposed use would be less than in the past;
that the activity will normally be daytime; that the Tribal Council did have some
concerns that are addressed in the staff report; that Main Street was neutral on
the use; that the neighborhood meetings conducted did generate some concern;
that the concerns are addressed in the staff report; that the Planning
Commission did request some cosmetic changes to the building; that the use
does need to be addressed before the project moves ahead; and reviewed the
visual plans located in the Chamber.
Mayor pro tem declared the hearing open.
The following persons spoke in favor of the location as proposed:
George Palomares, Palm Springs Police Officer for 16 years, stated that the
perception of bikers is misconstrued; that he has met with biker organizations
over the years and has found the bikers to be people who love freedom and
being on the road; that most of the events conducted by bikers are family events;
that there have been no problems with events promoted by and for bikers; that
most of the bikers are comprised of doctors and lawyers; that as professionals
they want to give back to the Community and participate in many charitable biker
type of events; and the rental shop should be supported and requested Council
support of same.
Darlene James, President of Women in Wind, stated that the organization is
international; that it is an organization of women who ride together and promote
Council Minutes
03-07-01, Page 6
a positive image of women riders; that the proposed location is supported by the
organization; that the location would be convenient for tourists to rent bikes; and
requested Council support of the issue.
Rohnda Bowen, 665 South Palm Canyon, stated that the City is at a height of
enjoying tourism and inviting visitors to experience Palm Springs, that this
business would add to the spending in the Community and requested support of
the issue.
Joe Bandura, expressed appreciation for the assistance already given by the
City Council and added that when the application process started one year ago,
it was not known where the issue would end up; that this business will deal with a
need of tourists to ride through the desert and experience the southwest; that the
tourist do not desire to ride around the downtown or in residential areas, but want
the experience of the open desert; that the issues of the location have moved
from noise to safety of the bikers and anything else that can be thought of; that
meetings have been held with the Historic Tennis area; that the noise issues
were addressed and that the bikes are no louder than the Police Department
bikes that are used in neighborhoods; that issues such as image are difficult to
address; that it is offensive for customers to be classified with questionable
characteristics; that many of the bikers are high end, upscale executives; that
comments that degrade people and place them in categories should not be
made and are simply not true; that the bikes are quiet; that the noise from a leaf
blower is louder and requested support of the issue.
Tom Richie, 143 Paseo de Marcus, resident for 15 years, expressed support of
the proposed location; and added that as an aerospace engineer one can not
wait to get home and ride the open spaces on a Harley; that it makes sense for
the rental to be located in an area downtown; that the building remodel will be
nice to look at; that the bikes generally rent for $150.00 per day; that the deposit
is normally $1,000; that with those fees it is not Hell's Angels that rent the bikes;
that the City has been built on being open, tolerant and accepting and requested
support of the issue.
David Moon, stated that the discussion regarding the issue is passionate; that
the matter when heard before the Planning Commission moved from noise, to
routes the bikers would take, needing an EIR done; that remarks that were made
were signs of bigotry; that one member of the audience was told that "his kind
was not wanted in Palm Springs'; that as the chief architect of a reputable
architectural firm there are many charitable biker activities the firm donates to;
that the Palm Springs Police Department supports the biker charitable runs and
that it is in the best interest of the citizens at large to support the issue.
Joseph Nacinovich, 200 S. Civic Drive, stated the rental location should be
endorsed; that Eagle Rider does have another location in San Diego which is a
direct resort port competitor for Palm Springs tourism; that business ventures
need to be supported by the City Council; and requested support of the issue.
Council Minutes
03-07-01, Page 7
Don Swedo, Eagle Rider, stated that there have been many valid comments; that
the noise of the bikes is equal to that of a household blender; that most bikers
want to ride in the expanse of the desert; that the riders must be licensed for
motorcycles; that the bikes cost approximately $20,000 and typically it is the
affluent that rent the bikes; that the deposit required will generally guarantee that
the bikes will not be misused; that the company does get involved in the
Community; that many benefits are supported; that there have been comments
of the stereotypes of bikers; that the stereotype is not true; that most are
corporate personnel; that the proposed location will provide a service to the
tourists; that the building will be fixed up and no longer be an eyesore to the
Community and requested support of the issue.
Alice Broich, Deepwell area, stated that the image of bikers is bad; that most of
the time a group of riders is referred to as a pack; that many bikers prefer to ride
together; that day trips are organized; that it seems that Palm Springs is
beginning to develop a group of elitists that is anti everything tourist; that many
bikers ride for charity events such as DARE or animal shelters; that the location
being proposed is a run down building; that there are two individuals proposing
to renovate the building for a business; that the Chamber would be in support of
adding another business to its roster; that when the previous business was open
it was a gas station, that repairs were done on site and that traffic was constant;
that the City is no longer a Village, but a City; and that people need to wake up
to reality, and requested Council support of the issue.
Ken Marchant, resident, stated that bikers are much like airplane folks, the bikes
are highly maintained and the people who own them are highly respectable; that
recently when speaking to a retired police officer the subject of bad boy bikers
came up and it was concluded that either those folks are in a nursing home, in
jail or dead; that good people ride bikes; that emission controls for motorcycles is
high; that it is commendable for Eagle Rider to want to renovate the proposed
site; that Palm Springs has come a long way in offering amenities to its tourists
and residents; and requested Council support of the issue.
Neal Jordan, stated support should be given to the Planning Commission
decision and added that the business has a right to the location; and requested
Council support of the issue.
Roberta Nadler, 212 E. El Molino Street, stated that for the past 15 years she
has worked with businesses; that the approval of this item will embrace what the
baby boomers are doing; that if this business is denied opening, where will
denials stop; that this matter is allowable under the Codes; that there must be a
threshold established; that to deny the issuance of permits would be like the
burning of books, in that it just doesn't make sense; that the City Council needs
to make a stand and support its businesses that drive the economy; and
requested Council support of the issue.
Mathew Tahlala, expressed support of Eagle Rider; and added that personally
he hates motorcycles, but that this is about business; that the downtown is for
business and needs to stick to businesses; that if the shop was wanted in Las
Council Minutes
03-07-01, Page 8
Palmas, it would be inappropriate; that this business is correctly zoned for the
area, that there is an alarming trend starting with projects that come before the
Council; that if the project is not perfect, or if someone objects, the Council
sends the project out of the Community; that the City Council is starting to send
a message for business to go elsewhere; that there was a direction that the City
Council was moving in; that the City Council needs to get back on that direction;
that the loud noises of complaints of a few should not distract the Council from
its mission; that telling proposed businesses to go elsewhere will not help the
Community; that there will be a price to pay for the rejections; that Palm Springs
needs to stick to its original plan and send a message that it is open for
business; and that if the business deviates from its Conditions of Approval the
license can be revoked.
Joy Meredith, President of Main Street, stated that Main Street did approve the
project; that the concern that was voiced was regarding noise, of which it has
been determined the mufflers can not be altered; that if references are being
made as not wanting "those people', all need to recognize that the City of Palm
Springs embraces all; that the acceptance of all is what the City is about; that the
approval is based on conditions; that if the conditions are not met, the permit can
be revoked; that the lease is for 10 years, and will clean up a shameful spot in
the community; and that Main street is ok with the issue.
Woman, stated that she works in the Alan Ladd Building; that development is
needed in the City; that the only concern is for noise impacts; that if there is a
problem with noise the permit can be revoked; and requested Council support of
the issue.
Pete Rode, Palm Springs Police Officer, stated that it would be a mistake to
deny the proposed business location; and requested Council support of the
issue.
Tom Rieveldt, Palm Springs Baptist Church Pastor, stated that the area of the
proposed site was visited; that there are no residential properties adjacent to the
business; that it would be a good location for the business and requested
Council support of the issue.
Marjorie Taft, Commercial Real Estate agent, stated that it is good to get a new
business in Palm Springs; that the City is progressive; that the downtown has
vitality; that this business will add vitality; that it is important to remember that
one must have a license to rent a bike and requested Council support of the
issue.
Rick Warner, stated that living in the downtown area is subjecti to noise; that
when one moves to the downtown, noise should be expected; and requested
Council support of the issue.
The following persons spoke against the proposed location:
Council Minutes
03-07-01, Page 9
Terry Casella, 343 W. Baristo, stated that for the past seven years he has lived
in the Tennis Club area; that while noise can be tolerated, this is an inappropriate
use adjacent to a neighborhood; that even though all the bikers may be lawyers
and doctor, it does not mean they will act responsibly; that the business is not
wanted in the neighborhood and requested Council deny the use.
Leonard Colombo, 1248 San Lorenzo, stated that as a motorcycle owner he too
loves the freedom of being on an open road; but that this location being
proposed is not good; that the question is not whether one likes or dislikes
bikers, it is the proposed location for the facility; that at the last meeting of the
Tahquitz Neighborhood Organization, 42 homeowners of 84 were present for the
meeting; that 35 of the 42 were opposed to the proposed location; that the entire
area around the location is attempting to be rehabilitated and redeveloped, that
this business will not enhance the neighborhood and requested Council deny the
use.
Jane Smith, stated opposition to the Conditional Use Permit; and added that no
matter how esteemed the bikers are, no one can control where they will ride; that
the Council has received many letters opposed to the project; that all the letters
address noise and a breach of safety in neighborhood; and questioned why the
City should be further degraded; that the Village image needs to maintained; that
the Planning Commission decision was questioned and the meeting had to be
reheld and a revote taken; that the citizens have a right to a democratic process;
that loud motorcycles will not help the Community; and requested Council deny
the use.
Karol Markley, 1985 Camino Monte, concurred with Ms. Smith and added that
the City should look into other events and keep the pressure on for peace and
quiet.
Greg Demetre, 343 W. Baristo, stated that there is concern of what is being
heard; that personally no negative comments have been made regarding riders;
that the opposition comes from the location; that one does not have to be rich to
own a motorcycle, but it must be a priority; that at the Planning Commission
meeting a lot of unrelated issues were brought up during the hearing; that the
issue is the location; that it does not make sense to create a problem that will
have to be mitigated; that traffic will increase; and requested Council deny the
use.
Mike Martin, 535 Calle Santa Rosa, stated that the proposed location should not
be approved; that the noise that will be generated will disrupt the neighborhood;
and requested Council deny the use.
Logan Neel, Tennis Club resident, stated that this is not an issue of business or
the type of people that frequent the business, but an issue of location specifically
driven by noise generation; that the Council was given maps of the City's
neighborhoods; that the neighborhoods have spoken out against the location;
that the Planning Commission should have been proactive to help identify a
better location for the use; that a different location would be beneficial for all
Council Minutes
03-07-01, Page 10
concerned; that the Tennis Club homeowners are not in favor of the use due to
noise impacts; that the Tennis Club homeowners are not anti-business, but pro-
business, but does want to control where a business locates and requested
Council deny the use.
Philip Tedesco, 1303 Prima Vera, stated that it is not a sound decision to locate
a noisy business adjacent to residential properties; that the business should be
located somewhere else in the City; that the City is a Village, and that the
citizens want to keep the Village atmosphere.
Alissa Goforth, 175 S. Cahuilla, manager of Casa Cody, stated that the location
should be opposed; that the bikes that travel down Palm Canyon rev the engines
and disturb the clients of the hotel; and added that noise, not people are the
issue; and requested Council deny the use.
Sylvia Zlenys, Palm Springs business owner, stated that the value of having
business is understood; that there is nothing like a quiet neighborhood; that there
are concerns regarding noise; but that there is also concern with the number of
pedestrians in the Tennis Club neighborhood; that the current location of the
shop is perfect; that it is a central place to send the bikers to Joshua Tree; that if
in fact the bikers are so affluent a cab ride to the present location should not be
a hindrance; that Palm Springs is for business, but not this business in this
location; that the Council does need to be selective in its business locations and
requested Council deny the use.
Jeannette Knock, Tennis Club, stated that her residence is located 50 feet off
Ramon on Monte Vista; that many mornings she is awakened by motorcycles
pulling up to Ramon and Indian Canyon; that the City needs to uphold what the
residents have; that this is not a store, but something that will produce noise for
8 — 10 years, that Palm Springs is doing a good job in filling the vacant
storefronts downtown, but that this type of business should not be located in a
residential neighborhood; and requested Council deny the use.
Christine Hammond, applicant, requested the Planning Commission decision be
overturned; and added that the reasons for denial are in the packets the Council
received; that there have been a number of letters sent to the Council in
opposition; that the phone calls were made to other Cities questioning if a similar
use would be allowed in that City; that most of the Cities stated in the negative;
that in Palm Desert and La Quinta the use would be considered, but evaluated
on the same basis as a car dealership; that Palm Springs is a Village; that the
proposed business is currently located at 1-10 and Indian; that the majority of the
business comes from tourists; that the tourist can take cabs or the business
could provide limo service from the hotels to its current business location; that
the Palm Springs Police Department use of Harley's is different; that the City is
considerate of the wear and tear on its machines; that the Police Department
does not race the engines or do quick starts; that the machines have a 80
decibel level of noise; that it is a loud piece of equipment; and requested Council
deny the use.
Council Minutes
03-07-01, Page 11
Frazier Robertson, stated that as an owner of two hotels adjacent to the
proposed use, this is not agreeable; that the benefits of the business to the
Community are questionable; that the Bike Weekend is not good for the City;
that the individuals of Palm Springs do have rights; and requested Council deny
the use.
Dick Sroda, Palm Springs, stated that while he does not own a bike, he does not
object to those that do; that this vote is not to ban motorcycles, but the location
of a noisy business in a residential neighborhood and requested Council deny
the use.
Frank Tysen, stated that the Council is faced with a difficult decision; that the
City wants to be business friendly; that people come here for the Village
atmosphere; that the question is does the City need more noise or less noise;
that if the City wants to be friendly to hotels, it will discourage noise; that if a new
business is destructive to other businesses, that does not make the City anti-
business to deny the permits; that the Council should not make a mistake with its
actions, that the permit should be denied; that the City should wait until the right
use comes along for the proposed location and added that the City should not
forsake those who built this town.
Peter Dickerson, Tennis Area, stated that the use is inappropriate for the
neighborhood and requested Council deny the use.
There being no further appearances, the hearing was closed.
Councilmember Hodges stated that there have been many concerns raised; that
one of the goals of the City is to offer services to its tourists and residents alike;
that the concerns raised by the residents need to be examined and determined if
they are valid; that this is a very good business, but may be in very wrong
location; that the biggest complaint seems to be noise related; that it may be
best for the Council and residents to take a field trip to determine the actual
noise level, it may be that something could be worked out; that if common
ground can not be found, then another location could be looked at; that the
Commission could be worked with to determine something feasible; and that one
option would be to put a store front downtown and then shuttle the users to the
Indian Avenue location.
Councilmember Reller-Spurgin stated that when the Ordinance changing the
zone to allow motorcycle rental in this location under a CUP, she did abstain
from the issue due to massage issues being bundled in the Ordinance; that if
one reviews her voting history, the finding would be made of business friendly;
that part of the job of being a Councilmember is finding balance, that in this case
one must find balance between business and the neighborhoods; that in her own
situation, after work, she desires peace and quiet; that noise would be an issue;
that as a subcommittee on downtown noise issues, it is clear that there are
issues related to the noise being generated by downtown activities; that knowing
that noise is already an issue, how can one vote for something that would create
more noise; and that it may be that going on a field trip may answer the noise
Council Minutes
03-07-01, Page 12
issue that has been raised by the residents and added that she would be willing
to seek compromise.
Councilmember Jones stated that he was an ex-motorcycle rider that in listening
to the neighborhood groups and the residents it is clear that there is
overwhelming opposition to the granting of the Conditional Use Permit; that the
City needs to work together to find another location for the business, but this
business in this location can not be supported.
Mayor pro tem Oden questioned if the business was a legal one, and what was
the definition of a Conditional Use Permit.
Director of Planning & Building stated that the business would be legal in the
proposed location under a Conditional Use Permit.
Mayor pro tem Oden questioned the definition of a Conditional Use Permit on
behalf of the audience.
Director of Planning & Building stated that the Permit is discretionary; that there
may be a range of conditions to gain approval; that if compliance of the
conditions is not met, the Permit can be revoked.
Mayor pro tem Oden questioned if repairs and servicing of the motorcycles will
take place on the site and the number of projected weekend rentals
Director of Planning & Building stated that only rentals would be allowed; and
that it is estimated that an average of 8 — 10 rentals may occur; that it is possible
if a group reserved the bikes more could occur, but that the CUP prohibited the
storage of the bikes outside.
Mayor pro tern Oden questioned why the use of stock mufflers would make a
difference on noise impacts.
Director of Planning & Building stated that a stock bike is what is delivered for
the dealer; that the stock mufflers meet Federal Standards; that Eagle Rider only
has the bikes for a limited time, after which they are returned to Harley Davidson;
that when one hears a loud bike, it has been modified from the original stock.
Mayor pro tern stated that there have been concerns with the location of the site
and the noise that would be generated; that when the antiques stores first
wanted to locate to North Palm Canyon, some residents protested with the
notion that the stores were selling junk; that the stores were allowed in, that they
have become a staple in the Community; that later a pet store wanted to locate
on Palm Canyon, again some residents protested that the use was not
appropriate for the downtown; that the store was allowed in and again has
become a staple and is doing well; that later a Pawn Shop wanted to locate
downtown, no one wanted that business downtown; that the business was
allowed in and has proven to be a good neighbor and once again a staple to the
area; that when one speaks of the "wrong location" it causes some thought; that
Council Minutes
03-07-01, Page 13
the City of Palm Springs is forward thinking and because of that the Community
is better; that this business is being proposed on a location that actually needs to
be abated; that when the residents say save it for a better use, no one else has
requested to locate there; that none have wanted to invest in the site; that those
that have stood by the Community in the past are to be commended; that the
matter could be postponed for a field trip, but that postponement will cause
confusion; that the CUP if for a limited time period; that the City is striving to
retain and expand businesses; that we do have noise downtown; that the noise
means that the downtown is vital and alive and no longer dead; that the Council
has endeavored to retivilize the downtown; and that based on the need and the
legality, a motion is made to approve the CUP.
Motion died due to a lack of second.
Councilmember Reller-Spurgin moved to uphold the appeal.
Councilmember Hodges questioned if any were in favor of the field trip to
determine the noise level of the motorcycles.
City Attorney stated that there is not a resolution currently in front of the Council
for approval; but that staff could prepare a resolution without prejudice, to allow
the fees to be applied to another location and present the item to the Council at
its next meeting.
Councilmember Hodges stated that the Council should be more open minded;
that due to the location she will not vote for the use; that the Community is
voicing too much opposition against the site and added that it is hoped Eagle
Rider will work with the City to find an alternative location.
Motion directing staff to prepare a resolution with findings overruling the Planning
Commission decision to its next meeting of March 21, 2001 was presented; after
which, it was moved by Reller-Spurgin, seconded by Jones, and carried by the
following vote that the motion be carried.
AYES: Hodges, Jones and Reller-Spurgin
NO: Oden
ABSTAIN: Kleindienst.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
Councilmembers reported on various civic and community organizational
meetings and events which they attended, subsequent to the last regular
meeting, and announced upcoming events of community interest.
Mayor stated that the Council is invited to participate in the cutting of 22 birthday
cakes in honor of Villagefest on March 8, 2001.
Council Minutes
03-07-01, Page 14
LEGISLATIVE ACTION:
16. PUBLIC ART TEMPORARY EXHIBIT— CONVENTION CENTER
Recommendation: That the City Council approve an agreement with Vantage
Art Group dba Elizabeth Edwards Fine Art for the installation of sculptures
entitled 'XO" and "Giant Steps" by artist Bret Price, located near the entrance of
the Convention Center, for a period of one year beginning in March, 2001, at no
cost to the City. A4349.
City Manager reviewed the staff report and added that the pieces of art will be at
no liability or cost to the City.
Councilmember Hodges questioned if staff had petitioned the artwork in.
Public Art Coordinator stated that it was an unsolicited offered to the City; that it
is a wonderful opportunity; and that the artist will also donate a smaller piece to
the City.
Minute Order 6816 as recommended was presented; after which, it was moved
by Hodges, seconded by Oden and unanimously carried, that MO6816 be
adopted.
17. ADDITIONAL LEGISLATIVE ITEMS: None.
ADDED STARTERS: None
REPORTS & REQUESTS:
DEPARTMENTAL reports or requests— Received and Filed
18. Treasurers Investment Report as of January 31, 2001
CITY COUNCIL reports or requests
PUBLIC reports or requests
Dick Sroda, expressed his personal opinion regarding the Mayor pro tem
comments on the motorcycle issue; and questioned the policy for police officers
to speak at the Council meetings in uniform.
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk