HomeMy WebLinkAboutPrelim - CC - 01-24-2019RAF-T
PRELIMINARY MINUTES
REGULAR .PALM DESERT CITY COUNCIL MEETING
THURSDAY, JANUARY 24, 2019
CIVIC CENTER COUNCIL CHAMBER ;
73510 FRED WARING DRIVE, PALM DESERT; CA92260
I. CALL TO ORDER - 3:00-P.M.
Mayor Weberconvened the meeting at 3:01 p.m.
II. ROLL CALL
Present:
Councilmember Jan C Harnik
Councilman. Sabby Jonathan;.
Councilmember. Kathleen Kelly .
Mayor Pro Tom Gina Nestande
Mayor Susan Marie Weber
Also Present:
Lauri Aylaian, City: Manager
Robert W. Hargreaves, City Attorney
Rachelle D. Klassen; City Clerk
Lori' Carney, Director of Administrative Services
Russell Grande,, Director of Building & Safety
Ryan Stendell, Director of Community Development
Martin'Alvarez, Director of Economic Development
Janet M. Moore, Director of Finance/City Treasurer
Tom Garcia, Director of Public Works
Bryan White, BattaliomChief, Palm.Desert FireARiverside Co. Fire Dept./Cal Fire
Lt. Matt.Martello, Asst. Chief, Palm -Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Rocha, Deputy City Clerk
III. ADJOURN TO CLOSED- SESSION
Reauest for Closed Session:
A. Conference with Real Property- Negotiator pursuant to Government Code
Section 54956.8:
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j 1) Property: Lease Property- Palm Desert iHUB, 37023 Cook Street, Suite
102, Palm Desert
Negotiating:Parties:
Agency::: Lauri Aylaian/Martin Alvarez/City: of: Palm Desert .
Property Owner: Sinatra and Cook Project, LLC
Under Negotiation: x Price x Terms of'Payment
B. Conference with Legal Counsel regarding significant exposure to litigation
pursuant. to Government. Code Section,54956.9(d)(2):
Number of potential cases: 2
C. Public. Employee Performance Evaluation pursuant to Government Code-
Section 54757:
Title of Position: City Manager
With City Council -concurrence, Mayor Weber adjourned the meeting to Closed
Session at 3:02 p;m. -She reconvened the meeting at 4:06. p.m.
IV. . RECONVENE. REGULAR MEETING - 4;00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Mr. Hargreaves: reported that direction was given but no reportable: action
was taken.'..
V. AWARDS AND PRESENTATIONS
None
VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of January 10,:2019.
Rec: Approve as presented,.
B. CLAIMS AND DEMANDS AGAINST THECITY TREASURY - Warrants
Dated 12/21 /2018, 12/28/2018; and 1 /4/2019.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE. byAlbertsons 567,
42095 Washington Street, Palm Desert.
Rec: Receive and file.
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D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by Albertsons .
3559, 74590 Highway :1.11,Palm Desert._
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE. by Kitchen 86,
73130 El Paseo,,Suites I & J, Palm.Desert.
Rec: Receive and file.
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE. by Solano's Bar.&
Grill; :37029 Cook Street; Suite 101, Palm Desert.
Rec: Receive and file.
G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE. by University
Village Market, $6057 Cook Street, Suite 101, Palm Desert.
Rec:. Receive and file.. ..
H. RESOLUTION NO. 2019 - 03 A Resolution of the City. Council of the City.
of Palm Desert, California, Setting Forth Its Findings and Authorizing the
Destruction of Paper Records that: Have Been Digitally Imaged from the
Department of. Community Development/Planning; to Rely on the Electronic
Record as the Official. Record - Miscellaneous Land Use -Records 1971
2011 (Exhibit "A")
Rec: Waive further reading and adopt.
I: AUDITED Financial Report for the Year Ended June 30, 2018:(Joint
Consideration with the Palm Desert Housing :Authority).
Removed for separate consideration Under Section VII, Consent Items Held
Over. Please .see that portion of the Minutes for Council discussion and
action.
J. ..INDEPENDENT ACCOUNTANTS' REPORT on Agreed -Upon Procedures
Performed on the Measure "A Transportation Fund for the Fiscal Year
Ended June 30, 2018.
Rec:. By Minute Motion, receive and file the Independent Accountants'
Report on Agreed -Upon Procedures Performed on the Measure "A"
Transportation Fund for the fiscal year ended June 30, 2018.
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K. AUDITED Financial Reports of the.. Palm -Desert Recreational Facilities'
Corporation for the Fiscal Year Ended June 30, 2018.
Rec:: By Minute Motion,. receive and file the audited financial statements of
the Palm Desert Recreational Facilities Corporation (PDRFC) for the
fiscal year, ended June 30,: 2018.
L. CONSIDERATION of. a.Request to Reimburse Hotel Paseo.its Art In Public -
Places Fee in the Amount of. $12,857.23 for Kismet by Jennifer Asher
(Robert Leach, Applicant). ).
Rec: By Minute Motion, authorize reimbursement to:Hotel Paseo of its Art
In Public . Places Fee: in. the. amount of. $12,857.23 for- Kismet by
Jennifer Asher- monies are available in the Public Art Fund 436, and.
there is no impact to the General Fund associated With this request.
M. REQUEST FOR APPROVAL of the 2019 New Balance Palm Desert Half
Marathon .and 5K Event (Matt Sills/Southland Events, LLC, Applicant).
Removed for separate consideration: Under Section VI I, Consent Items Held
Over: Please see that portion of the Minutes for Council discussion and
action. .
N. REQUEST FOR APPROVAL. of the 2019 Coachella Valley Wild Flower
Festival Presented by the City of Palm Desert (Tammy Martin/Friends of the
Desert Mountains, Applicant).
Rec: By. Minute Motion,: approve: 1) Coachella Valley Wild Flower Festival
scheduled for Saturday, March 2, 2019, at Civic Center Park;
2) ..temporary waiver of Palm Desert Municipal Code (PDMC)
Sections: a) 11..01.020 - Hours of -Use in City Parks; b) 11.01.140 -
Amplified Sound in City Parks; c) 11,01.080(0) Placement of
Advertising Signage in City.Parks; d) 11.01:080(Q) - Vendor Sales in
City Parks; e) 11.01.080(W) - Possession/Consumption of Alcohol in
City Parks pursuant to PDMC 9.58.040.
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O. REQUEST FOR APPROVAL of Out -of -State Travel for .Two (2) City
Councilmembers and Two (2) Additional Staff Members to Attend the
International Council of Shopping Centers (ICSC) RECon in Las Vegas,
Nevada, May 19-22, 2019.
Rob: By Minute. Motion; authorize out=of=state travel for two (2) City
. . Councilmembers and two: (2) additional staff members to attend
ICSC-RECon-in Las Vegas, Nevada; May 19-22, 2019, increasing the
prior Out -of -State Travel Authorization in the 2018.2019 Budget by
three (3): — funds are available in City Council Department Fund
11.04110 and in Funds 1104417 and 1.1 04430for this expenditure of .
approximately $7,000 - $8,000.(up to $2,000 per person).
Mayor Weber requested. l.tem I be removed for separate action under Section VII,
Consent Items Held Over, and Councilmember Kelly requested Item 'M.
Upon: motion by Harnik; second by Nestande, and 5-0 vote of the City Council, the
remainder of Consent .Calendar was approved as presented (AYES: Harnik, Jonathan,
Kelly,- Nestande, and Weber; NOES:.None).
VII. CONSENT ITEMS HELD OVER.
I. AUDITED Financial Report for the Year Ended June 30, 2018.(Joint
Consideration with the Palm Desert Housing Authority).
Chairman/Mayor Weber noted this was a report that the Authority Board/City
Council files annually, and she wished to thank the Finance Department,
specifically Assistant Finance Director Jose: Luis Espinoza :and Director of
Finance Janet Moore for their work on: this'report, There was discussion on .
this at the Audit; Investment & Finance Committee a few days ago, and the
Members were duly impressed with Mr. Espinoza's talent in explaining items
to those not fully versed in financial reporting. In the past, the. Board/City has
received awards for its financial reporting, and she won't be surprised' if one
is received for this one as well.
Mr. Espinoza thanked the Financial Department staff, because without them
this report wouldn't be as precise.:He said staff does work in the background
that no one sees, because they are not, out in the public like most
departments, but they are. doing important work thatbrings about great
results.
Chairman/Mayor Weber added that the auditors mentioned how easy it was
to work with City staff and were appreciative of their quick response to
requested documents.
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Member/Councilman Jonathan pointed out that the City's finances are not
always out there in the public eye unless they are mismanaged, and he's
happy to say they are not, which is the foundation that enables all the other
good work being done in the City:
Chairman/Mayor Weber moved to, by Minute Motion, receive and file the Audited
Comprehensive Annual Financial Report (CAFR). for the City. of -Palm Desert - Fiscal, Year
Ended June 30, 2018. Motion: was seconded by Nestande and carried by_a.5-0 vote
(AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None),.
M. REQUEST FOR APPROVAL of the 2019 New Balance Palm Desert Half
Marathon and 5K Event (Matt Sills/Southland Events, LLC, Applicant).
Councilmember Kelly noted this item is for approval of the half marathon
coming up very.soon on February 10. What, caught her attention.was a
sentence in the staff report that states "Businesses and residents along the
Half Marathon course maybe landlocked for short periods of time as runners
pass through: the area." She said many can recallthe debacle with the
recent Ironman Event, so she would like assurances that staff will make extra
efforts to accurately:post.the information.with the hours for when this could
be happening in order for people. to plan their lives accordingly. She said
folks can usually handle a lot of things if the City communicates well.
Management Analyst Vanessa Mager replied the, event organizer is giving
out notifications to those affected by the event:. Since the last run, .she .has
been.working with the City's Public Information Officer to add the information
to''Next-Door". and making sure local news stations are aware in order to
post street closures and times to avoid incidents that would leave a blemish
on our perfectly well -run .event thus far.
Councilman Jonathan said there is a distinction between this event and the
Ironman Event, in that this event is on its fourth run and certainly it has not
received any complaints at the City Council level, and he assumes they will
build on prior success and not depart in any meaningful way.
Mayor Pro Tern Nestande stated the issue was with the 567mile bike ride that
caused a lot of the, problems and hopefully this will not be an issue.
Councilmember Kelly offered that from her perspective, the big problem
there was lack of accurate communication. As already mentioned, some
disruption can be tolerated if people know what's going to happen so they
can plan accordingly, but she is completely comfortable with staff's response
and will move to approve.
Councilmember Kelly moved to, by Minute Motion, approve: 1) The 2019 New
Balance Palm Desert Half Marathon scheduled for Sunday, February 10; 2) proposed
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event route: and road closures; 3) temporary waiver of Palm ':Desert Municipal Code
.(PDMC) Section 11.01.140 - Amplified Sound; 4) temporary waiver- of .PDMC Section
1.1..01.080(W) -:Possession/Consumption of Alcoholiri .City Parks, ;pursuant to PDMC;
9.58.040; 5) temporary waiver: of PDMC Section 11.01.080.(Q) = Prohibited Conduct
Generally in: City Parks - Vendor Sales. Motion was seconded.by Harnik and carried by
a.&0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None).
VIII. RESOLUTIONS
None -
IX. ORDINANCES
A. For Introduction:
1. ORDINANCE NO 1345 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA; AMENDING AND
UPDATING VARIOUS .SE:CTIONS OF : THE PALM DESERT
MUNICIPAL CODE — CHAPTERS=2.52, 5.10, AND 8.23.
Mr. Hargreaves noted this was an annual City process to. address
minor and trivial modifications to the .Municipal Code, stating it's not
intended to be . a substantive update. He offered to discuss and
answer questions on any. of them.
Councilmember Kelly moved to waive further reading and pass Ordinance No. 1345
to second -reading: Motion was seconded by Harnik and carried by a 5-0 vote (AYES:
Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None):
B. For Adoption:
None
X. NEW BUSINESS
A. REQUEST FOR APPROVAL OF THE .2019 GOALS .FOR, THE CITY OF
PALM DESERT.
Ms: Aylaian stated this item was a followup, to the Study Session held on
January .11, where staff and City Council went in-depth into a number of
long-range, mid -range, and short-term goals for the City as established
originally by the Strategic Plan, which was a 20-year look ahead. 'It was
followed up by the General Plan Update and various other plans that are
already in motion. The top 16 goals were identified with the assignment of
appropriate resources, both in this program and through the budget cycle,
which will be upcoming in the next several months. The proposed goals
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have already been discussed and Council has weighed in as well. However,
staff made'the following additional amendments
Goal No. 7., at City Council's direction, staff added to initiate a
Request for Proposal (RFP), for multi -family .development on the
City -owned vacant lot at San Pasqua) and Santa Rosa Way.
Goal No. 10 is for conducting a demonstration project on El Paseo,
and -staff expanded it to include part of Lupine, which is between
Highway 1'11 and El Paseo.
Community Development Goals at.the request: of.the City Council,
staff. added an item to work in concert with' owners of the Westfield
Mall and the Economic Development Department to identify potential
opportunities for enhancementand: redevelopment of the Mall.
Councilman Jonathan said there are two items that caught his attention. The
first is with Goal No. 5, in that he thought a consensus was reached to adopt:
economic development- incentive programs _ for targeted' businesses,
including properties. This was not exclusive to businesses that need to be
looked at for incentives, but also bad -aging properties to. make physical
changes by using the. Facade Enhancement. Program as being part of that
solution. He asked that the wording "and properties," be added to the
sentence..
Councilmember Harnik didn't recall having that discussion, but if a change
was going to be made, she suggested being more specific because when
saying "properties," others may think .its "real estate,"Yet: Councilman.
Jonathan is .talking about an existing building.
Councilman Jonathan replied there are benefits to keeping it general so as
not to limit staff, because nothing would happen without City Council
approval. He wants staff to look at aging and bad -looking buildings and/or
vacant lands that can be incentivize to be developed:
Councilmember Kelly said she couldn't recall the. discussion, but her
impression of Goal No. 5, is that it's directed toward attracting businesses to
come. to Palm Desert.
Ms. Aylaian agreed, but the goal was intentionally general in order to include
targeted businesses, because staff hasn't identified which businesses are
targeted.. In some cases, -the City may offer an'incentive for businesses to
relocate to Palm Desert and establish for the first time, or provide incentives
to businesses with high -paying jobs. The goal is also intended to target
businesses that are. either in specific industries the City would like to attract
or start-up businesses trying to launch on the ground floor, or targeted
businesses- for the San Pablo Corridor. Therefore, it was intended to be
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broad in nature in order for staff to bring back a proposal to the City Council
with specific programs that would attract certain businesses.
Councilmember Kelly said she . would ' then favor . keeping it broad as
suggested by Councilman :Jonathan by adding the two words, "and
properties," which gives maximum flexibility.
Councilman Jonathan additionally called attention to Goal No. 10,'where
consideration is being given to include Lupine Lane. He wants -to make sure
it's only consideration and not a commitment.
Ms. Aylaian agreed it was not a commitment, but it was intended to leave
flexibility for when it's studied.
Councilmember Harnik commented she would like to see Goal No.14 in bold
and exclamation marks, because the City has been working on this for a long
time, probably as long as she's been serving on the City Council. This is
much needed., because that area.currently doesn't represent the standards
of the rest of Palm Desert, and when talking about providing incentives to
businesses, if you go out to President's Plaza, it's a. check mark in the
negative column.
Councilmember:Harnik moved to, by Minute Motion, approve the 2019. Goals for the
City of Palm Desert, establishing goals for work to be accomplished by City staff during the
calendar year 2019 and: allocating 'staff and financial resources, during that period, as
amended to include on Goal No. 5 the words "and properties." Motion was seconded by.
Nestande and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber;
NOES: None).
B. REQUEST FOR REVIEW OF BEST . PRACTICES OF SHARED
MOTORIZED. SCOOTER PROGRAMS AND FOR AUTHORIZING STAFF
TO NEGOTIATE A DRAFT AGREEMENT VVITH'SPIN TO OPERATE A
PILOT PROGRAM IN THE CITY.
Management Analyst Christopher Gerry stated this item is a review of best
practices of shared motorized scooter. programs, and to see if the City
Council has interest in a pilot program. He will discuss existing laws in the
Vehicle Code, review some of the best and recommended practices,talk
about :community outreach conducted, and conclude with staff's
recommendation. A. good starting point to understand the operation of
motorized scooters is by examining the vehicle code. Motorized scooters
can operate in roadways that have speed limits of 25 mph or less, which
encompasses most local roads. They can also operate in 'roadways greater
than 25 mph but less than 35 mph, but only if authorized by resolution or
ordinance of the City Council.. On roadways greater than 35 mph, motorized
scooters can only operate in Class II bike lanes or Class IV bikeways. They
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cannot operate on any sidewalk, except as necessary to enter or leave an
adjacent property. A motorized scooter cannot be placed laying on its side
on the sidewalk, or 'any position that would obstruct a .pedestrian's path. of ,
travel. Finally,, users are required to possess a driver's license or learner's
permit, wear.a bicycle helmet .if they are under .18 years of age; as well as
abide. by the speed limit, 'which is 15 mph. He displayed a map where
motorized scooters are allowed under state IAw. There are tW0 items t0 note
on the map, and one is that local roads werenot included to preserve the
clarity of the map. Therefore, the actual -eligible roadways are far more
extensive than what is :displayed. Secondly, the green colored areas are
roadways eligible for motorized scooters contingent. upon an ordinance or
resolution passed by City Council. -. To determine best recommended
practices:of shared motorized scooter programs, staff issued a Request for
Qualifications'and.Proposals (RFQ/P) and received five. After reviewof. the
proposals, staff was able to determine certain commonalities among different
operators, specifically, which elements of:6ach business. model should be.
recommended as a best practice.. While the staff report provides additional
information of reasoning, an important thing to take into consideration. is that
staff approach these RFPs. with what. provides the City -the most' flexibility,
most local control, and, what promotes the greatest safety. For these .
reasons, staff recommends setting limits of hours of operation relative to 24
hours a day, seven days a week; which multiple providers operate under.
. Motorized scooters also have batteries that have to be continually charged,
so one of the largest differences in business models is that some operators
hire staff to charge them at their :own facility, where other operators hire
independent contractors7to charge them at their own desired location, such
as'a person's house. Essentially,. that person is hired as a 1099 employee.
Staff recommends that motorized scooters only be,charged at the operator's
facility and that it'be located in Palm Desert. The next best practice relates
to rebalancing, which is essentially moving one scooter from one location to
the next for the purposes of promoting ridership. .There are some operators
that use independent contractors for rebalancing and others use their own
staff. Some operators set up their scooters daily and take them off the
streets at the end of the day to rebalance them where, some just leave them
on the streets 24 hours a day. It would be staff's recommendation to find an
operator that rebalances them every morning and removes them every
evening according to the hours of operation. Finally, with regard to scooter
deployment, the: volume ranges anywhere from 100 to 500. Most operators
mentioned that ' after a 30- or 60-day pilot program, they will look at the
utilization matrix and determine if they need more or fewer scooters. It would
be staff's recommendation to allow no more than 200 scooters during a pilot
program. An importantelement takeninto. consideration during this review
process was to have the ability to restrict access to sensitive areas, whether
they are used or not. Most operators have th'e ability to geo-fence certain
areas and, gradually and safely power down an electric scooter if it
approaches a prohibited area. Staff recommends, including both of these
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functions as a best practice. Also, most operators; offer no parking zones,,
Which allows someone on a motorized scooter to travel through an area, but
not necessarily park anywhere. These no parking zone can be
complimented by :parking areas,: which is a geo-fence parking, and staff
:recommends for the ability of. both.. For the remaining best practices;, the
operators appear to provide similar levels of service. With the exception of.
one operator, all of them include a. revenue -sharing model, however, he
e couldn't imagin.it would generate much. For example, the operator staff
was reviewing charges $.10 per ride, so .if.you calculate 1,000 rides, it only
adds up to $1,000. :Next, -all operators share data such as trip origins and
destinations, trip lengths and routes, bikes and circulation, damages and
repairs, .complaints, and other matrixes._ Finally, all operators conduct
community outreach, and if the City Council has interest in a pilot program,"
staff recommends. that the operator submits a Community Outreach ;Plan that
:..identifies specific types of events.to be held during the pilot program.. As
requested, staff conducted community outreach as well; and the consensus
appearsto . potentially- proceed with caution and exclude certain areas to
allow for further discussionsand: recommendations. If the City Council is
interest in. a pilot program, staff's recommendation would be: to have City
staff, -.operator, and stakeholders collaborate on the creation of prohibited
areas and/or parking areas with parking zones and no -parking zones. For
example El Paseo or College of the Desert, could potentially be geo-fenced
prohibited until further evaluation. In conclusion, contingent upon City
Council direction, : City staff has .additional outreach pending., Based on
previous comments, there are two recommendations before the City Council.
If the: C:ity-Council is just interested in best practices, but not necessarily in
a. pilot program,. the recommendation would be to just receive and file this
presentation. If -there is interest in the pilot program,. authorize .City staff to
negotiate..and draft an agreement with the operator known as Spin. This
operator was unanimously recommended -by staff based on the best.
practices identified. The draft agreement with Spin would likely return to the
City Council at the next meeting of February 14, 2019, for approval.
Councilmember. Harnik was surprised to learn you couldn't ride these
scooters if you are under the age of 16.
Mr. Gerry said it was per state law, and most operators require you to be 18
years of age,- as does Spin.. The mechanism for providing proof, is. you
physically have to take a picture of your I.D. or driver's license using the
operator's app, but it's not to say it can't.be done by someone else.
Mayor Weber stated that for clarification, staff is saying people are not
suppose to do it, but there are ways to go around that requirement.
Councilmember Kelly asked about the typical charge for the use of a shared
motorized scooter.
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Mr. Gerry responded that of the five proposals received, most of them were
fairly. common. It's $1.00 to unlock the scooter and $0.15 per -minute,
therefore, if you want to ride the scooter for 10 minutes it. would be about
$2.50. One operator charges $1.00 to unlock and $0.20 per minute.
Councilmember Kelly was curious as to the rational for staff's
recommendation.for allowing them after dark, because her concern would be
that it's already difficult for drivers to see cyclists who are often wearing some
reflective. gear. Her perception is that someone who rents a scooter on
impulse :is not apt to .have reflective gear:and their posture would make it .
particularly hazardous to be on the streets after dark.
Mr. Gerry explained staff looked at various business models and it seemed
there were three,.two of them were a 24-hour operations and two others had
their operation from 7:00 a.m. to 10:00 p.m., and the third model. was
,7:0O a.m:: to dusk. In looking at these models, staff thought the City could.
provide the most mobility options that aren't 24 hours a day, stating he was
taught nothing good happens after 10:00 p.m.; in that the later you go: into
the evening, having scooters on the streets has potential concerns. He said
Councilmember Kelly -raised a valid concern, but staff can discuss it with the
operators.
Councilman Jonathan commented that if the City was going to adopt a pilot
program, today_Council was not adopting it, because staff still had to develop
it for City Council :consideration..
Mayor Pro Tern Nestande asked that if two 18 year olds are on the same
scooter, which isn't allowed, who are the enforcers, questioning if staff
obtained -input from the police.
Mr. Gerry said it would be up to police to enforce; and he did have a few
conversations with Lt. Martello. However, a large part of the program would
be education as well, .because you have to follow all the rules and
regulations on the apps.
Lt. Martello stated the department will handle violations just like it would any
other moving vehicle in the roadway or areas where they shouldn't be.
However, he didn't think scooters could fit two :people, stating it would be a
very hard task. Any violations of traffic -type laws will definitely be enforced
depending on the infraction.
Councilmember Harnik asked about the potential time frame for a pilot
program.
Mr. Gerry replied that staff would try to get the program in operation as soon
as possible if that was Council's direction. The operator would need some
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assurance that there was going to, be a program, so they would wait until
after February-14 to really gear up, so potentially:March 1. Responding to
question about working :with stakeholders,:he said it may not be listed in the
staff report, but. staff will definitelybeworking with stakeholders. Actually, the
operator will .be working with stakeholders and presenting their product. He
said the operator is willing to come out 'on February, 14 to provide a
presentation, because they -are excited for the opportunity:
MS. ELLIE MARCUS stated she was new.to.the Desert from Pacific Beach
by:La J:o.11a. She is very much opposed to the scooters:for the safety of the
general public, because it's not about what you know about them, it's about
what you don't know. First, scooter companies' have. ignored and
disregarded all safety rules and ordinances in different cities, and she has:
seen it happen in :Pacific Beach. The w}iole environment changed from a
.walking city to where you can'even walk on the sidewalk. In theory, what
staff presented soundted okay, but in reality it doesn't happen: Unfortunately,
people of every age dump the -scooters in residential' areas on yards, -
sidewalks, and streets. These scooters are silent, so the first time you know
one is .around, it almost knocks you over as it has in Pacific Beach.
Recently, it was reported in the news that a woman had a -concussion due
to an accident with a scooter. In her research she learned many cities=with
scooters are experiencing- an up tick in ,injuries and .accidents. She
wondered who will use the scooters and for:what reason,: because the Desert
is primarily senior. She believes scooters will mostly be used by younger
people and primarily for bar hopping. For example, .Santa Monica has 8.3
square miles and scooters were dropped off by Bird and other competitors
and police had their hands full. Police - couldn't manage the regular
pedestrian traffic and fatalities, because they were dealing with:scooter-
related issues such as people not wearing their helmets, underage users,
and.scooters left on sidewalks. She said it was impossible to enforce and it
will be a disaster for the City. _Lastly, she requested'keeping the moratorium
to further study the issue. .
MR. TODD RHODEN, President/CEO of the Palm Desert Chamber of
Commerce (PDACC), stated Board Chairman Patrick Summers was with him
in support of the pilot program. Like anything in life, things have their pros
and cons, but at. this time the PDACC, Board of Directors Legislative Action
Committee,: and staff actually support the City's concept of a Shared
Motorized Scooter Program for the following reasons: 1) They value
Christopher Gerry and other staff members who took their time to present
this idea at their January Chamber Board Meeting, which helped -them make
an informed decision; 2) appreciate the City conducting.outre'ach within the
business. community prior to Council consideration; 3) respect the City's
approach to identifying best practices promoting safety. The one thing he
would like is for 18-year-olds to still be required to wear a helmet; 4) the
program will optimize alternative forms of transportation outside of single or
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low occupancy vehicles.. He :understands Palm Desert is an older
community, but as a young 35=year-old professional, the Desert is getting
younger and alternative ;forms of transportation is not :a bad idea; 5) if the
City Council supports a pilot program, the Chamber of Commerce wants the
'..opportunity to.co.11aborate with City Staff on the creation of the prohibited
areas and parking: zones and providing solutions that best serve the
community. The Chamber appreciates the City taking the time to understand
their position.
MR. PATRICK SUMMERS expressed: support for the pilot program to see if
the Shared Motorized Scooter: Program is feasible. The most appealing
thing is the first=mile concept'of public transportation. He's not a millennial,
but it's a cool concept, and. the right way to approach this is through a pilot
program to see if it's right for Palm Desert. He said the: City can have control
of this issue by.preventing a bunch.of scooters from being dumped in the
City and making headlines: that way, including moving forward with the right
research and having the community. involved.
MR. EVAN TRUBEE, Big Wheel Tours, stated he will address two issues,
one.being the scooters and the other transportation infrastructure. First he
applauds the City for considering alternative transportation, but :with a
reminder that Palm Desert already has alternatives like bike rentals: His bike
rental company has been in operation for more than 20 years with a lot.of
success and no complaints. If the. City would like .to explore alternative
issues outside of scooters, he's happy to dedicate his time and effort toward
that end. He's a reminder to Council that they exist, and they are happy to
help in getting vehicles off the road. Secondly,.a couple of weeks ago there
was a fellow, Will Campbell who was killed on: his bicycle on Ramon Road
-in Rancho Mirage, and it was a speeding. vehicle that actually went into a
bike lane. He and his friends who are cyclists talked about the issue and
questionedwhat can be done to prevent this- specifically. He added that
Brian Stone who is a, cyclist as well as a Traffic Enforcement Officer with the
Sheriff's Department, suggested an extension or delineations. as a test run.
within the City. These are plastic, three-foot high posts that serve as a
physical boundary to demarcate the bike lane: from the lane of traffic. He
proposes -it as a benefit to automobiles, because as a cyclist, they have a:
tendency to drift into the road. Again; he would like Council consideration
with regard to this, and he would like to pursue it further and research it with
City Staff; and specifically meet with Traffic Engineer Randy Bowman.
MR. MICHAEL MALONE, Pitahaya Street, Palm Desert, stated he does a lot
of business in Los Angeles and sees what's going on, which is that people
get high, hop on these scooters, and then they go have a couple of beers
leaving the scooters anywhere. He said companies come in and dump
thousands of these scooters on the streets, and there is no way now that the
City of Los Angeles can contain it; it's out of control. The streets are littered
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with these scooters and they are left on the curb and in the way. Today's
presentation was wonderful if you're a dreamer, ' but it's . never going to
ha.ppen'the way it was:described. There is no way that people are goingao.:
wear helmets or stay off the streets; and you can't put them on the freelnray
or Highway 1.11, because there is no.place for thes.e.scooters in our society.
He asked Council to be:very careful with:the timing of this pilot program,.
because i.t will hit just when the Coachella festivals, tennis tournaments, and
Fashion Week.are happening. He. went on to say thousands of, people are
coming into the community:for these events: and now we're going to dump.
another 200, 300,.or: 500.Scooters to the roadways; it's: dangerous and not.
something to be -considered.
MS. JANN BULLER, Somera Road, stated she was neutral on the topic:of
scooters, but' she had some questions for , Council to consider when
..discussing both .the introduction of scooters and :the pilot program. -First,
what.specific problems do Palm Desert have that it's trying to address by
these scooter rentals; whatspecific.goals and objective are the City trying to
accomplish through these rentals; what populations are served by scooter
rentals and'who benefits from their, availability; what is the impact on City
resources, especially, fo.r..code and law' ._enforcement and emergency.
services. She heard a dime a ride goes to the City, so there's presumably
going to, be cost impactsthat need to be. taken into' account. Lastly, can.
answers to these questions be obtained by simply looking at experiences of
other jurisdictions;, -and what more can be obtained from a pilot program.
Additionally, .what is the incremental cost of doing a pilot program 'on. the
scooters. She asked the City Council to do a thought experiment of their
own and question where they would. take a scooter ride' and how they would
use one in their everyday life.
Councilman Jonathan said he has been .looking at this for:a:while, and full
disclosure,. he is .favorably inclined toward staff recommendations for a
number of reason$..In. his response, he may answer many.of Ms.. Buller.'s
questions. First, when the City started with the Envision :Palm Desert
process, it was:with a look toward.the future, the next 20 years, for the
purpose of moving forward and staying vibrant. Everyone understands -it has
to embrace new technologies if,they are right for a city, especially those that
appeal to a younger generation like the millennials and Gen,Xi because they
are the future. In fact, the City is already doing so with the iHub, El Paseo,
San Pablo Corridor, CV Link, and he sees e-scooters as possibly another,
natural: step in that progression. Secondly, the City is committed to
developing a Downtown City Core, and one of the biggest challenges is how
to physically connect all the different parts,which include CV Link, San Pablo
Corridor, El Paseo, McCallum Theatre; College of the Desert; Westfield Mall,
Desert Crossing,_ Palm Desert Museum, and The Living Desert. How do you
connect them- so that residents and visitors can go to, one place in the City
core, park their car and take advantage of:all of the amenities that make up
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the City Core. He. said e-scooters, may be part of -that answer to help move
:-:the ball forward for the. creation of the City Core'.' Also, when he thinks of
shared: alternative transportation, e-bites. are the emerging technology, so.
;hopefully local businesses can embrace it. He would love to support local
businesses in : shared alternative. transportation.:... Third, it's . ab.out the
environment, because: Palm Desert has. always been at the leading end of
sustainability.- Even this evening, Councilmember.Harnik-proposed looking
at plastic use., He believed there are very few: measures Palm.Desert can
take as a:City that would be impactful on protecting the environment and
providing .a solution to -the first -mile, :last=mile dilemma. It's .a clean and.,
healthy option to'traditional carbon -monoxide and other pollutants., stating"
Ws almost irresponsible to, not explore. this option of healing mother earth.
In his mind, it checks off all _the boxes and moves the City's vision forward, in
terms of appealing to future .generations that will become our residents. It -
.. ...also facilitate the: creation of the.Downtown City Core, and it keeps. the .City
on the cutting edge of sustainability. Finally' he reminded everyone that this
was not an - up..or. down vote on .have e-scooters .in Palm Desert. One
speaker recommended the City take its time studying the issue, which he
agreed; and what better- .way than to' have this test period to answer
unanswered questions. There are a- lot: of. misconceptio.ns..and negative :
experiences that are valid concerns; and a pilot- program can address and
answer. those'questions.. It will bean opportunity to determine.if the.adverse .
consequences associated with e-scooters can in fact be ameliorated or not.
He suggested moving forward :with a pilot program, form an ad -:hoc
committee as previously discussed, give it to the Sustainability Committee,
bring: together community members and. stakeholders to monitor the
program, and -evaluate it. The City Council can .then make an informed
decision on: whether this new emerging technology with all its advantages
and potential adverse consequences is right for Palm Desert. For all the .
reasons -mentioned,. he is favorably, inclined toward accepting staff's.
recommendations. -
Mayor: Pro Tern Nestan.de responding to the comment about the
Sustainability Committee, she said the Corfimittee is .having a presentation
on Monday. at.:3:00 p.m., and it: would be a good place for the e-scooter.
issue. In her opinion, CV Link would be the ideal place forte -scooters, but
it, doesn't exist yet. She also has reservation about the ability to just drop
them anywhere., stating there; used to be companies that had: docking
stations, which 'she -liked, but she hasn't- seen 'that' as an option here.
Further, in the news recently, many cities.have reported negatively about the
scooters, claiming they are ruining their cities. She asked if staff had heard
favorably about them from any city:
Mr. Gerry replied that he conducted a reference check and heard back from
one of three cities. He said Spin operates in Jefferson. City, Missouri, where
the previous census indicated a population of 43,000,but it's greater than
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that now, so they are somewhat comparable. The conversation is interesting
today, because in talking with a staff member who developed. the program,
they were inundated with the same comments and same articles from major
metropolitan areas of parking issues and other concerns. Their council had
those discussions as well, but since they have be.en.:operating the program
with 80 electric bikes since July, and 75 scooters since November, they have
received virtually no complaints within their City.: Their comment is :that
perhaps it's a function .of these major metropolitan areas, more so than
smaller jurisdictions.
Councilmember Kelly stated the, environmental issue is extremely. appealing,
because Councilman Jonathan is right that .Palm Desert has been in the
forefront when it comes to protecting the environment and providing
innovative transportation. She suspects that when golf carts on the streets
were first proposed, there were those who balked,:yet they have.proven to
be successful. However, she wanted to test the perception that this
particular form of transportation could be expected to replace car trips. She
went to the: transportation expertsat Sunline who:attend conferences where
alternative forms of transportation are assessed and evaluated, and she
heard the following: 1) If there is an existin '.dense downtown area, scooters
have been shown to replace cartrips, which makes sense, because cartrips
can be challenging; 2) dense areas allow for placing scooters, where they are
accessible to lots of people. However, the circumstance in Palm Desert -
doesn't fit that description, because it is not a dense living environment. The
feedback she received from folks at Sunline was that.it's not reasonable to
expect scooters in the Desert would replace car trips. As she thought about
it in her own.context, she lives about one -mile from the post office and often
walks or sometimes drive. There is no way it would be practical for a scooter
company to have a scooter waiting outside her front door to replace one of
those -car trips. Therefore, environment is: an appealing argument, but she
believed Council had to be methodical about asking whether thepresent
circumstances would really achieve replacement of car trips. It.seems more
probable that scooters would replace some pedestrian trips,: and for her, it's.
a key question to ask if the City wants to put a whole lot of effort into
accomplishing,, because it just decided to be ahealthy city. Would it be
better not to put so much effort into something that could potentially replace
pedestrian trips instead of replacing car trips. As mentioned previously, she
was up in Sacramento and that City has preferred bike sharing, because one
particular company had many docks at well -thought out locations, and
getting high usage. They were appealing.to her, because the bikes were
bright red, which makes them less of a safety hazard. She said staff did a
phenomenal job of addressing all the possible steps that could be taken to
address potential hazards and challenges, which for her only highlights how
many there are; and she couldn't endorse addressing those hazards and
challenges unless she saw some certainty of public good. She is not
persuaded that a pilot program is a harmless thing to experiment with for two
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reasons. The. first is that the City just adopted its, goals, which. are so
ambitious, and there are things on that .list .that can contribute to the
economic viability of.Palm Desert, and she wouldn't wantto:divert time and
energy to this topic without a showing that it can really advance the City.
Secondly, she':s. not persuaded that a pilot program would be harmless,
because if one helmet -less -person hits the pavement or if one scooter hits
a pedestrian, it's something she would not have liked to playa part in. Her
preferred outcome is to simply receive and file the presentation., The
Sustainability Committee and�Public Safety -Commission may have occasion
to discuss this further, but she couldn't support inviting: consideration of the
Pilot program at:this time.
Mayor Pro Tern Nestande concurred, stating again, CV Link might be the
ultimate place for the e-scooters.
Councilmember Harnik noted she is the liaison for the El Paseo Business
Improvement District, which consists of business.owners on El Paseo, and
they were adamantly opposed to having e-scooters on El Paseo, even after
knowing the area could be geo-fenced. She.wanted everyone .to know how
the District voted after having a lengthy discussion. She can appreciate her
colleague's comments, but Palm Desert doesn't have to be the first or on the
cuttingedge, sometimes it just has to have the best quality of what it's doing.
The timing of the. pilot program would be happening during -the Paribas Open,
Tennis Tournament, Fashion Week,.and Music Festivals, where we all know,
What condition festival goers might be in occasionally. Also, cities currently,
struggle to separate bicyclists from automobiles in dealing with safety,
issues, and now Council is entertaining the thought of putting someone on
a scooter who has less protection. She is not opposed to having .a pilot
program at some time in the future, but now is not in the best interest of the
. City. or community members. The CV Link.may be a wonderful and perfect
opportunityfo.r a pilot program for these e-scooters, but she doesn't see
them as an advantage for the community. She serves on, the Southern
California Association. of Governments (SCAG) Regional: Transportation
Committee where alternative transportation is discussed. When she goes
to her meetings, she gets on the train, gets off the subway, goes to her
meeting, and she steps over scooters on, the sidewalk. She's aware it's
against the law to just dump them anywhere and it's .not the intention, but
that's what happens. She won't say Palm Desert won't ever have e-
scooters; but she believes firmly this wasn't the time for them and/or a pilot
program. She supports receive and file the presentation. Further, the first
and last mile are generally about getting .off the train and how does one get
home or to the final destination, so here, she doesn't see how these scooters
provide a solution to that issue.
Mayor Weber said it sounds very nice to say it helps the environment, but
she can't figure out how this is alternative transportation. To her it's a toy that.
im
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people will have a lot of fun getting on, but no-one: wants to wear a helmet
When they're having fun .riding around. Again; -it's a toy that -will be provided
to a few people to have fun, but they can't shop or carry things; because it's;
not feasible, so she couldn't see the value in them. ;She appreciates staff
mentioning:that..it's usual) a dense City that benefits from having' the
Y Y g.
scooters. Also, she.couldn't imagine someone getting on a scooter on the
CV Link and adhering to the 25 mp.h speed limit.
Mr: Gerry offered that the scooters have ;governing chips. and can be
programmed to any speed they want, but typically they are. at 15 mph,
because that's state law.
Mayor Weber went on to say she didn't see the value in having them in Palm
Desert or having a pilot program unless Council knew more about how this
toy would be.utifized in terms of shopping or helping the City. What type of
money would be spent in helping the City in any manner when it has to pay
police to monitor .them and be. concerned about people falling downand
smashing their heads. Initially, the program sounded: exciting, but the.more
she looks at it, she couldn't see the value_ of putting a bunch of toys out in the
streets:
Councilman Jonathan said he 'completely understood his colleague's
comments and they made sense, but he liked to respond, although it was
apparent he had become a ,minority of one on this issue. With regard to
Councilmember.Kelly's comment; he felt there Was a lot of speculation on
whether scooters would replace cars, pedestrians or bicycles; because that's
the whole purpose of a pilot program to answer the unanswered questions.
Responding to the question,.as-to how someone would use it,, he said a
visitor who is staying on El Paseo can -use: it.to go to The Living Desert, the
Museum, .McCallum- Theatre, or Street Fair: He could :very easily see the:.
scooter replacing.a car for any of those trips, and he could see the e-scooter
being a draw for hotels that have them. parked outside. It was also.
mentioned that they couldn't see the certainty of public:good, but the same:
could be said of:the electric golf cart, CV Link, and all sorts of things where
Palm Desert has been innovative. He sees the:potential for public good, but
again, that's the purpose of the pilot program. Personally, the jury is out, .on . .. I
whether it should have e-scooters, in the City, ..but thaft not what is being
discussed this evening. Today is about a pilot program to find answers.
Injuries was also raised as a concern, and sadly, recently there was a golf
cart and:vehicle collision resulting in a death, but should the City terminate
its golf cart program. He said injuries are a fact of life; and CV Link will have
injuries and accidents, so should it terminate that project as well. Of course
not, because it's just a fact of life that things will happen: He believed the.
City can absolutely take measures to enhance safety.. It was mentioned by
Councilmember Harnik that it should learn from other cities, but this is an
evolving technology, and staff has studied the best practices to determine,
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what they are for Palm Desert, so it: can move forward and adopt -them. The
concerns raised are .valid; and the pilot program can help determine if there
are ways to mitigate them., He also heard; Palm Desert doesn't have to be the
first, but that's not the Palm Desert standard. He's proud Palm Desert has
been the first to. be innovative and on the cutting edge, so he: personally
didn't have a problem with being first. He's disappointed,: because it's a
missed: opportunity, and instead of moving the .City, into the future, Palm -
Desert will be perceived, accurately, for being stuck in the past. Having said
that, he understood the concerns, the logic; and collectively,: Council will
make. the best decision.for the City.
-Mayor Pro Tern Nestande was in favor of people having fun and tourism; but
she didn't believe the City has the infrastructure yet to accommodate these
scooters, which is why she keeps bringing up the: CV Link. This evening
someone spoke:.about another cyclist getting killed .and suggested barriers
between the bike lane and vehicles, which she thought would be a step in
the right direction. She was advocating that she was. in favor of e-scooters,
but their place could best be suited on a CV Link type of infrastructure,
additionally, in favor of having some separation between vehicle traffic and
e-scooters, bicycles; etc:
Councilman Jonathan. made the comment that the concept of limiting e-
scooters to any specified path is self-defeating, because the whole concept
is to gain freedom of mobility, but .he understood where Mayor Pro Tern.Nestande was coming from.=:From a safety standpoint, if you limit scooters
to the CV Link, there will be greater safety; but it defeats the whole concept.
behind shared mobility.
Mayor Pro Tern Nestande said she was thinking about the CV Link, because
Council has discussed having it go to different locations at some point, and
this was just a start.
Councilmember Kelly believed everyonewants to move the City forward, but
there is a legitimate 'difference of -opinion about how to do it, so she moves
to receive and file:
Councilmember Kelly moved to, by Minute Motion: 1) Receive and file presentation
on best practices of shared motorized scooter programs.
Mayor Weber noted she and Councilman Jonathan met with a different
company and discussed the e-scooters, and it was very exciting. For today's
purposes, Council was not willing to do a. pilot program, but it's not a dead
issue, so feel free to continue to share your comments with the City Council.
Motion was seconded by Harnik and carried by a 4-1 vote (AYES: Harnik, Kelly,
Nestande, and Weber; NOES: Jonathan).
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C. REQUEST FOR APPROVAL OF THE 2019 CITY COUNCIL LIAISON I
ASSIGNMENTS ROSTER.
Mayor Weber noted the City Clerk provided an updated list of the City
Council Liaison Assignments: However, she had one correction to make for
the Cove Communities Public Safety Commission where Councilman Sabby
Jonathan and Mayor Pro Tern Gina Nestande are th'e representatives.
Councilman Jonathan said. he would agree -to be the alternate if Mayor Pro
Tem Nestande wanted to.be the lead representative.
Mayor Weber pointed out the reason he's the primary is because starting
July 1, 2019, the Cove Commission meetings will be held in Palm Desert and
Councilman Jonathan will be the chair. She added that as alternates, you
can attend all the.meetings, including making comments.
Councilmember Harnik.moved to, by, Minute Motion, approve the 2019 City Council
Liaison Assignments List: as amended for the Cove Communities Public Safety
Commission. Motion was seconded by Nestande 'and ;carried by a 5-0 (AYES: Harnik,
Jonathan, Kelly;.Nestande, and Weber; -NOES: None):
D. -REQUEST FOR APPOINTMENTS . TO ,.VARIOUS .VACANCIES AND
REAPPOINTMENTS TO TERMS AS ARE REFLECTED ON THE CITY'S
ESTABLISHED COMMITTEES AND COMMISSIONS.
Mayor Weber stated Council was- continuing this item to the meeting of
February 14, 2019.
CouncilmemberHarnik moved to; by Minute Motion continue the item to the meeting
of February 14, :2019:. Motion was seconded by Nestande and .carried by a 5-0 vote
(AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None).
XI. CONTINUED BUSINESS
None
XII. OLD BUSINESS
None
XIII. PUBLIC HEARINGS
None
Q
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RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
I
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