HomeMy WebLinkAbout55D - RESO - BIRD SCOOTER PILOT PROGREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
18, 2018
TITLE:
ADOPT A RESOLUTION TO ESTABLISH A
PILOT PROGRAM FOR THE LIMITED USE
OF ELECTRIC SCOOTERS IN SANTA ANA
{STRATEGIC PLAN NOS. 3.1, 5.2}
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
►p\»Ci0P/=1If
❑ As Recommended
❑ As Amended
❑ Ordinance on V Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution authorizing a pilot program to allow the limited use of electric scooters within
the City of Santa Ana, including authorization to adopt and periodically amend, rules and
regulations governing the operation of electric scooter sharing systems, for the period beginning
December 19, 2018, through March 31, 2019, the timeframe allows for public and business
community feedback and to collect use data, which will inform future policy guideline formulation
for potential ordinance revisions related to electric scooter use.
2. Approve an appropriation adjustment recognizing Fiscal Year 2018-19 shared -use electric
scooter permit fees in the estimated amount of up to $1,296.48 into the Residential Street
Improvement -Miscellaneous Receipts account and appropriating the same to the Residential
Street Improvement -Reserve Appropriation expenditure account.
DISCUSSION
Mobility needs in highly urbanized areas are suitable for newer transportation methods which
reduce dependence on one -passenger and large individual -use motor vehicles. Starting in 2017,
a number of companies have launched shared active transportation programs consisting of small
vehicles, such as bikeshare and electric scooters. These operators deploy small vehicles in the
public right-of-way and customers gain access the operator's small vehicle network for a fee using
a smartphone mobile application. At the end of the trip, the small vehicle user may park the device,
either in predetermined areas or on the sidewalk, where it will remain parked free from obstructing
or impeding passage to pedestrians. The devices could be allowed to be parked at their destination
even if there are no designated parking racks. The ability to end a trip and park absent a parking
rack is often referred to as "dockless." This mobility mode allows users to travel without contributing
to motor vehicle congestion.
Multiple operators have approached staff asking for permission to deploy the scooter devices in
the City. This modern mobility mode combines active transportation with mobile application
technology, and it presents an opportunity to encourage active transportation, reduce vehicle miles
travelled and greenhouse gases, and enhance first -last mile access to local transit systems.
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Pilot Program for Shared -Use Electric Scooters
December 18, 2018
Page 2
The micro -mobility and its technology are new and not yet recognized by the Santa Ana Municipal
Code (SAMC). The SAMC defines electric scooters as "motorized skateboards" and thereby does
not distinguish alternative scooter uses. The SAMC, therefore, does not generally allow scooters
in any public roadway. The California Vehicle Code also prohibits use of electric scooters in public
sidewalks.
Staff is recommending the Shared -use Electric Scooter pilot program be allowed to give staff time
to develop policies for future Council consideration. The pilot program would be authorized by
adoption of a Resolution (Exhibit 1) which would establish a trial period to allow the testing and
limited use of electric scooters. The purpose of the pilot program is to gain public and business
community feedback and collect use data,from permittees. The information will allow analysis and
policy formulation for potential revisions to the existing ordinance, which currently prohibits the use
of electric scooters. Feedback will be obtained in a variety of ways such as a staff developed
surrey and outreach to businesses and the public so that we may monitor the program and
incorporate suggestions to improve the micro -mobility program.
The pilot program permit will be for Citywide use, which would allow the scooter users flexibility to
develop natural connection points within the City. Staff anticipates the use data will show points of
interest and mobility nodes which would organically develop, and where the micro mobility niche
could prove most beneficial. Therefore, staff recommends the permit use limits coincide with the
City boundary. Draft permit conditions (Exhibit 2) have been developed based on research of best
practices developed by other urbanized communities and input from Orange County Transportation
Authority. The pilot programs could be initiated as soon as December 19, 2018 and run through
March 31, 2019. Staff anticipates issuing two permits, but no more than four.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective
#1 (implement a comprehensive Economic Development strategy to ensure that Santa Ana is a
City with a vibrant business climate that is accessible, user-friendly and welcoming to all residents
and visitors), and Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective
#2 (expand opportunities for conservation and environmental sustainability).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The City will receive $324.12 for each permit issued. The requested Appropriation Adjustment will
recognize estimated Fiscal Year 2018-19 shared -use electric scooter permit fee revenue of up to
$1,296.48 into the Residential Street Improvement -Miscellaneous Receipts account (No.
05817002-57991) and appropriating the same to the Residential Street Improvement -Reserve
Appropriation expenditure account (No. 05817660-69011).
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Pilot Program for Shared -Use Electric Scooters
December 18, 2018
Page 2
Q
APPROVED AS TO FUNDS AND ACCOUNTS:
Fuad S. SW, eiss, PE, PLS Kathryn Downs, CPA lY
Executive'IjYT��'irector Executive Director
Public Wo s Agency Finance and Management Services Agency
FSS/EWG/TH
Exhibits: 1. Resolution
2. Permit Conditions
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55D-4
Exhibit 1
RESOLUTION NO.2018-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING A PILOT PROGRAM TO ALLOW
THE LIMITED USE OF ELECTRIC SCOOTERS TO GAIN
PUBLIC AND BUSINESS COMMUNITY FEEDBACK AND
COLLECT USE DATA WHICH WILL ALLOW POLICY
GUIDELINE FORMULATION FOR POTENTIAL REVISIONS
RELATED TO ELECTRIC SCOOTER USE
jmf 12/10/18
WHEREAS, the City of Santa Ana seeks to implement a pilot program to permit
the interim operation of shared -use electric scooters for use by Santa Ana residents,
workers, and visitors on a short-term basis; and
WHEREAS, several electric -scooter sharing systems have expressed an interest
to operate in the public rights-of-way in the City of Santa Ana; and
WHEREAS, these dockless mobility units have become increasingly popular in
dense urban areas such as Washington, D.C., Los Angeles, San Francisco, and Santa
Monica, offering a convenient and low-cost mode of local transportation; and
WHEREAS, other advantages of shared -use electric scooters Include reduction of
short -length car trips and expanded reach of public transportation systems by filling the
"last mile" in transit; and
WHEREAS, by permitting under a pilot program, the City will be able to manage
these shared mobility systems in a manner that respects the interests of all users of the
public rights-of-way and mitigates any threats to the public health and safety; and
WHEREAS, through permitting under a pilot program, the City will be able to
evaluate the feasibility of any permanent program, build good working partnerships with
shared mobility service providers, gain public and business community feedback, and
collect and evaluate use data which would allow policy formulation for potential revisions
to the existing ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana
as follows:
Section 1. The City Manager, or his designee, is hereby authorized to adopt, and
from time to time amend, the rules and regulations governing the interim operation of electric
scooter sharing systems within the City of Santa Ana, attached as Exhibit A.
Section 2. The pilot program authorized by this resolution shall terminate upon
the earlierof March 31, 2019, orthe adoption of an ordinance by the City Council regulating
shared -use electric scooter systems.
Resolution No. 2018-)00(
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jmf12110/18
Section 3. This Resolution shall take effect immediately upon its adoption by the
City Council, and the Clerk of the Council shall attest to and certify the vote adopting this
Resolution.
ADOPTED this _ day of 2018.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
ohn M. Funk
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. 2018 -
to be the original resolution adopted by the City Council of the City of Santa Ana on
.2018.
Date:
Clerk of the Council
City of Santa Ana
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Resoldon No. 2018-)00C
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Permit Guidelines
Shared Mobility Devices/Units— Electric Scooters
Scooters are the primary devices to be tested during the pilot program;
bikes/others will also be considered in a revised Ordinance
A. Electric Scooters/Skateboards are being recognized as a modern wave of inner-city mobility
o Currently, SAMC prohibits motorized skateboards (device also described as scooters) on sidewalks in the
central business district.
o SAMC prohibits skateboard or motorized skateboard (motorized scooters) in any roadway (term is defined
in the CVC), or in any bicycle lane, path or trail in the City, whether or not such bicycle lane, path, or trail is
within a roadway.
o CVC defines scooters and provides guidelines on their use in public roadways
B. Mobility needs in highly congested areas are ripe for newer transportation methods which
reduce dependence on one passenger and large individual use motor vehicles. Congestion
also impacts the dependence on public roadways to park vehicles.
C. Create a pilot program to allow the testing and limited use of electric scooters. The pilot
program's purpose is to gain public and business community feedback and partner with
electric scooter providers to collect use data which will allow analysis and policy guideline
formulation for potential revisions to the existing ordinance which currently prohibit the use
of electric scooters.
D. At first glance, it appears best to allow the electric scooter users the flexibility to develop
natural connection points in the City. We anticipate the use data will at show points of
interest mobility nodes which organically occur, and where the micro mobility niche could
prove most beneficial. Therefore, the use limits should coincide with the City boundary.
E. The pilot programs could be initiated as soon as December 18, 2018 and run for
approximately 90 days thru March 31, 2019.
F. System Operator Requirements:
o System operators shall share use data (consistent with privacy laws/best practices) in a format that can be
used by the City. If the sharing of use data cannot be legally compelled, the City will accept use data which
the users allow voluntarily. For example, a City -accessible Application Programming Interface (API) that
provides the data outlined within, and meets the specification of, the City of Los Angeles Mobility Data
Specification (Mobility Data Specification) http://github.com/CltvOfLosAngeles/mobilitv-data-specification
o System operators shall restrict devices from leaving the City of Santa Ana through geo-fencing or other
methodologies and prohibiting users from ending a trip within geo-fenced areas.
o Devices must be equipped with on -board GPS unit or equivalent that can report location at any time for
purposes of use, recovery, repair, and data collection.
o Monthly maintenance reporting including date of report, taken out of service date, and date returned to
fleet
o Monthly geocoded use data reporting as well as incident/crash data.
o Rebalancing plan submitted with the permit application, employ local staff and ensure high demand nodes
are properly served.
o Remove devices from restricted areas within 3 -hours of notification.
o Address misplaced or parked scooters that are blocking sidewalks or roadways within 3 -hours of
notification.
0 30 -day termination notice.
o Outreach plan including serving low-income neighborhoods.
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o Offer reduced rates for income qualifying customers.
o Rates must be clearly and understandably communicated to user prior to use of a unit.
o Offer options for cash only patrons and users without access to a smart phone device.
o Spanish and Vietnamese smartphone applications must be available within 30 -days of program start.
o Safety education campaigns/programs targeting users and motorists.
o Shared Mobility Devices must be equipped with brakes, a front light and rear/side reflectors.
o Each permitted operator shall be required to have a fleet of at least 100 scooters units during the pilot
program's trial period.
o The City and system operators recognize there is a natural number of scooter units which will result from
market driven demand. However, to encourage a level playing field and to place a cap on the total number
of scooters operating during the pilot program trial period, the limit on each system operator shall be 500
scooter units.
o The operator shall coordinate with the city staff to develop a small vehicle parking rack development plan
to address high demand areas based on use data.
o The system operator shall ensure that the device users are aware that electric scooter and other small
vehicles are prohibited from parking in all areas listed in the "Device User Guidelines."
o Operator shall require customers to photograph the small vehicle when a ride is terminated to document
appropriate placement. Operator shall monitor these photos to ensure compliance and consider financial
disincentives of customers that do not comply.
o Scooters shall not be within the public right of way overnight. Operators shall drop off their scooters in the
morning and pick up in the evening.
o Each unit shall prominently display the name of the system operator and its current customer service phone
number, and offer website app interface available 24/7.
o Each unit will be controlled to not exceed 15 mph.
o As part of this pilot, operators shall investigate and test technologies to control unit speeds in Downtown
Santa Ana not to exceed 10 mph.
o Each unit must be reflectorized to ensure the device is visible at night
o Each unit must be able to securely stand upright when parked
o Operator must be able to remotely disable the use of a unit if necessary
o Operator must require users to wear protective headwear as required by the California Vehicle Code
o Scooters and/or related equipment found non-compliant with the conditions herein established and which
will become requirements of the pilot program permit shall be found in violation of Santa Ana Municipal
Code Section Sec. 10-100. - Prohibition of obstructive matter in the public right-of-way, and such violation
will lead to confiscation of Scooters and/or related equipment, and furthermore each scooter or piece of
equipment confiscated shall receive a fine of $100, payable to the City prior to release of such scooter or
piece of equipment confiscated.
G. Device User Guidelines:
o A trip may not end within an geo-fenced area, including but not limited to outside of the city limits.
o Electric scooters may only be used in roadways where bicycles are allowed anywhere in the City, but not
on sidewalks anywhere in the City.
o All users, regardless of age, must possess a driver's license or instruction permit and wear a helmet while
operating an electric scooter
o All users, regardless of age, shall be required to use helmets
o Each scooter shall be limited to one rider per device (the device user)
o Each scooter user shall be required to dock the device when it is not in use in an area where it causes no
obstruction on a sidewalk, requiring a minimum of 5 feet of clearance for pedestrian travel, or on the
roadway where there is parking designation for bicycles.
o Operation of a motorized scooter upon the sidewalk is prohibited.
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5961b
o No person shall operate a motorized scooter at a speed in excess of 15 miles per hour (CVC 22411).
o Operation of a motorized scooter on a highway with a speed limit in greater than 25 miles per hour is
prohibited unless operated within a Class II (on -street) bicycle lane.
o The electric scooter users shall not park the device within or adjacent to the following areas:
- Transit stop loading areas
- Loading zones
- Red curb zones
- Driveways
- Entryways and exits, including fire exits
- Wheelchair ramps
- Street corners
- Private property
- Disabled parking zones
- Additional areas as hereafter determined
H. Permitting, Insurance, Indemnification — Providers will be required to obtain an
encroachment permit through the Public Works Agency. In addition to agreeing to Guidelines
described above, Permittee will be required to comply with standard encroachment permit
requirements, including:
o Obtain City Business License
o Maintain commercial general liability insurance with a combined single limit of not less than $1,000,000
per claim with $2,000,000 in the aggregate, worker's compensation with limits not less than $1,000,000 per
accident, business automobile insurance with a combined single limit of not less than $1,000,000 per
occurrence, and umbrella coverage; City must be named as an Additional Insured and provided evidence
thereof.
o Provide all contact information, including 24-hour emergency contact
o Pay applicable permit issuance, plan check and any staff cost recovery fees
o Provide a performance bond of minimum $5,000 or $25 per scooter unit (whichever is greater). The
performance bond will be to guarantee payment of potential penalties related to use violations describe
herein above, and to cover costs of incidental repairs to infrastructure damaged by incidences involving the
electric scoters.
o Agree to Indemnify/Hold Harmless City
o Include a waiver/assumption of risk in favor of City In any rental terms and conditions between Operator
and User.
o Execute the permit and provide evidence proving authority to execute the permit.
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