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HomeMy WebLinkAbout2019-01-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 24, 2019 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Weber convened the meeting at 3:01 p.m. II. ROLL CALL Present: Councilmember Jan C. Harnik Councilman Sabby Jonathan Councilmember Kathleen Kelly Mayor Pro Tem 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 Grance, 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, Battalion Chief, Palm Desert Fire/Riverside 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: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 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 THE CITY TREASURY - Warrants Dated 12/21/2018, 12/28/2018, and 1/4/2019. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Albertsons 567, 42095 Washington Street, Palm Desert. Rec: Receive and file. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 «.� D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Albertsons 3559, 74590 Highway 111, 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, 36957 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. AUDITED Financial Report for the Year Ended June 30, 2018 (Joint Consideration with the Palm Desert Housing Authority). Removed for separate consideration Under Section VI I, 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. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 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. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 611.0 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. Rec: 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 1104110 and in Funds 1104417 and 1104430 for this expenditure of approximately $7,000 - $8,000 (up to $2,000 per person). Mayor Weber requested Item 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 that brings 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. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 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 recall the 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 Tem Nestande stated the issue was with the 56-mile 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 staffs 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 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 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 11.01.080(W) - Possession/Consumption of Alcohol in 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 5-0 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 SECTIONS 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 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 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 111 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 enhancement and 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 8 M. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 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 WITH 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 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 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 law. There are two items to note on the map, and one is that local roads were not 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 review of the proposals, staff was able to determine certain commonalities among different operators, specifically, which elements of each 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 contractors to 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 staffs 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 staffs recommendation to allow no more than 200 scooters during a pilot program. An important element taken into 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 the 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 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 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 couldn't imagine 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 appears to potentially proceed with caution and exclude certain areas to allow for further discussions and recommendations. If the City Council is interest in a pilot program, staffs 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 City 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. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 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 7:00 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 Tem 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 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 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 definitely be working 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 Jolla. 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 whole environment changed from a walking city to where you can't even walk on the sidewalk. In theory, what staff presented sounded 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 outreach 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 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 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 collaborate 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 questioned what 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 Sheriffs 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 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 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 happen the way it was described. There is no way that people are going to wear helmets or stay off the streets, and you can't put them on the freeway or Highway 111, because there is no place for these scooters in our society. He asked Council to be very careful with the timing of this pilot program, because it 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; what specific 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 for 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 impacts that 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 reasons. 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 X, 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 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 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 about 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 it's 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 misconceptions and negative experiences that are valid concerns, and a pilot program can address and answer those questions. It will be an 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 Tem Nestande responding to the comment about the Sustainability Committee, she said the Committee 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 for e-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 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 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 been 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 experts at Sunline who attend conferences where alternative forms of transportation are assessed and evaluated, and she heard the following: 1) If there is an existing dense downtown area, scooters have been shown to replace car trips, which makes sense, because car trips can be challenging; 2) dense areas allow for placing scooters where they are accessible to Tots 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 the present 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 a healthy 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 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 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 want to 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 play a 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 Tem 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 cutting edge, 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 Tess 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 opportunity for 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 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 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, 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 usually a dense City that benefits from having the scooters. Also, she couldn't imagine someone getting on a scooter on the CV Link and adhering to the 25 mph speed limit. Mr. Gerry offered that the scooters have governing chips and can be programmed to any speed, 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 utilized in terms of shopping or helping the City. She questions how much money would be spent when it has to pay police to monitor them and be concerned about people falling down and smashing their heads. Initially, the program sounded exciting, but the more she looks at it, she couldn't see value in 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 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 whether it should have e-scooters in the City, but that's 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 what they are for Palm Desert, so it can move forward and adopt them. The 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 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 Tem 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 Tem 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 Tem 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 everyone wants 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. However, 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). 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 C. REQUEST FOR APPROVAL OF THE 2019 CITY COUNCIL LIAISON 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 Tem Gina Nestande are the 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. Councilmember Harnik 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 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2019 XIV. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL None XV. ADJOURNMENT With City Council concurrence, Mayor Weber adjourned the meeting at 6:20 p.m. ATTEST: I . RA ELLE D. KLASSE , CITY CLERK CITY OF PALM DESERT, CALIFORNIA SUSAN MARIE WEBER, MAYOR 22