HomeMy WebLinkAbout2018-095 - Authorizing A Pilot Programjmf 12/10/18
RESOLUTION NO. 2018-095
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
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 earlier of March 31, 2019, or the adoption of an ordinance by the City Council regulating
shared -use electric scooter systems.
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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 18th day of December, 2018,
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: A
Jo M. Funk
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
Iglesias, Penaloza, Pulido, Reyna, Sarmiento,
Solorio, Villegas (7)
None (0)
None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of the Council,
Resolution No. 2018-095 to be the original
City of Santa Ana on December 18, 2018.
Resolution No. 2018-095
Page 2 of 5
do hereby attest to and certify the attached
resolution adopted by the City Council of the
�L� '`D, Z
Maria D. Huizar
Clerk of the Council
City of Santa Ana
EXHIBIT "A"
RESOLUTION 2018-095
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/CitVOfLosAngeles/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.
c Address misplaced or parked scooters that are blocking sidewalks or roadways within 3 -hours of
notification.
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o 30 -day termination notice.
o Outreach plan including serving low-income neighborhoods.
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.
c 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
c 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 a 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)
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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.
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
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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