HomeMy WebLinkAbout2001 - MINUTES - 3/7/2001 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 962Q70 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 tie 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 Dying 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. I
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 riot 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 subject 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: I
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 Vocation 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 I
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 tem 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 tem 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 instaNlation 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. SA E S
Clerk