REPORT TO COUNCIL
SUBJECT
Title
Informational Report Regarding the City's Shared Mobility Permit Program
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
At the September 13, 2022 City Council meeting during Public Presentations, a resident provided feedback on the recent addition of electric scooters in Santa Clara. Staff was then directed to provide an informational report on the bicycle and scooter share program in Santa Clara at a future City Council meeting. The information presented below provides the history and current status of the City’s Shared Mobility Permit Program (i.e. shared bicycle and scooters).
In early 2019, the City Council adopted a temporary moratorium on the operation of shared mobility devices in Santa Clara. At that time, the City Council directed staff to return with a proposed permanent Shared Mobility Permit Program (Permit Program) to formally regulate the use of shared mobility devices within the City. Staff developed and implemented a workplan for the establishment of a Permit Program and provided a detailed progress update on its development at the June 4, 2019 City Council meeting. Additionally, at the June 24, 2019 Bicycle and Pedestrian Advisory Committee (BPAC) meeting, staff presented the proposed Permit Program and BPAC approved a recommendation that the City Council approve the Permit Program.
In July 2019, the City paused the development of the Permit Program based on pending Americans with Disabilities Act (ADA) litigation that had the potential to impact the proposed Permit Program. At the time staff was also tracking two items of pending legislation (Assembly Bill 1112 and Assembly Bill 1286) that could potentially affect the Permit Program.
On November 17, 2020, staff provided an informational report to the City Council with an update on the proposed Permit Program and highlighted recent changes to state law. Staff informed City Council of a plan to return with a proposed Permit Program and Administrative Regulations for review and consideration by the end of 2021.
In early 2021, staff restarted the development of the Permit Program as the related ADA litigation was resolved and Assembly Bill 1286 was approved by the Governor. Staff spent considerable time reengaging with shared mobility operators and updating the Permit Program based on the following items:
1. Address feedback from the June 4, 2019 City Council discussion and the June 24, 2019 BPAC discussion on the proposed Permit Program.
2. Incorporate required changes based on recent State Law and the above-mentioned ADA litigation
3. Include any recent developments within the shared mobility operator industry (e.g., parking detection technology, etc.)
4. Ensure regulations are comparable with other cities that have similar programs. (San Jose, Oakland, San Francisco, and Sacramento)
On December 7, 2021, City Council approved the Permit Program by introducing an Ordinance instituting Shared Mobility Administrative Regulations and adopting a Resolution establishing the Shared Mobility Permit and Impound Fees. The goal of the Permit Program is to provide an additional active transportation option for the public to travel throughout the City. In addition, the Program aims to provide a transportation option for short trips throughout the City as well as provide first and last mile connections to transit stops.
DISCUSSION
Shared mobility operators must apply for an operating permit to deploy shared mobility devices in accordance with the City’s Shared Mobility Permit Administrative Regulations (Attachment 1). Below is a summary of the notable requirements:
• One Year Operating Permits: Permits may be given to up to three operators for a one-year period beginning on July 1 and ending the following year on June 30.
• Maximum Number of Citywide Devices: The total number of devices citywide shall not exceed 3,000 (or up to 2,000 scooters and 1,000 bicycles).
• Device Parking:
o All devices parked in a low-density residential zone must be relocated out of the zone within 72 hours.
o Devices shall be parked upright and shall not block pedestrian pathways
o Any improperly parked device shall be re-parked by the operator within two hours of notification.
• Customer Service and Outreach:
o Operators are required to maintain a 24-hour customer service contact line.
o Operators must conduct public outreach including safety education for members of the public.
• Fines and Permit Revocation: Operators can be cited for failure to comply with the regulations which can lead to the revocation of the operating permit.
On February 1, 2022, the City began accepting Shared Mobility Permit applications for Fiscal Year 2022/23. The City received two applications from Bird Rides, Inc. (Bird) and VeoRide, Inc. (Veo). Bird’s application includes the deployment of 1,000 devices (800 e-scooters and 200 e-bicycles) and Veo’s application includes deployment of up to 300 e-scooters. In total, the City has received applications for up to 1,300 devices. Attachment 2 includes images of the devices that Bird and Veo intend to deploy in Santa Clara.
After review of Bird’s application, the City determined that they demonstrated compliance with the City’s regulations and on August 8, 2022, the City issued a shared mobility operating permit to Bird. In preparation for device deployment, staff coordinated with Bird to review proposed locations for deploying devices, updated the City’s MySantaClara app so that residents could provide feedback to the City, and updated the City’s Permit Program webpage (SantaClaraCA.gov/SharedMobility <https://www.santaclaraca.gov/our-city/departments-g-z/public-works/engineering/traffic-engineering/bicycle-and-scooter-share>).
Additionally, after review of Veo’s application, the City determined that they also demonstrated compliance with the City’s regulations and on October 27, 2022, the City issued a shared mobility operating permit to Veo.
Staff also completed several public outreach activities to notify the public of the Permit Program, including:
• Inside Santa Clara (Summer 2022)
• City Hall News (July and September 2022)
• Santa Clara Police News Release on Device Operating Rules (August 2022)
• City News Release - Bird Device Launch (August 2022)
• Facebook, Instagram, Twitter, NextDoor and Gov Delivery (August 2022)
• Art and Wine Festival (September 2022)
• City News Release - Veo Device Launch (October 2022)
Operators will be providing user and operation data on the program and this information will be included on future program status updates.
ENVIRONMENTAL REVIEW
This report does not constitute a “project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is an administrative activity that will not result in direct or indirect physical changes to the environment.
FISCAL IMPACT
There is no fiscal impact associated with this report.
COORDINATION
This report has been coordinated with the Police Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Note and file Informational Report Regarding the City's Shared Mobility Permit Program
Staff
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Shared Mobility Permit Administrative Regulations
2. Images of Bird and Veo devices