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13. Ordinance - Shared Mobility Pilot ProgramFile #: 3380 Claremont City Council Agenda Report TO: TARA SCHULTZ, CITY MANAGER FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 23, 2020 SUBJECT: Item No: 13. Reviewed by: City Manager: TS Finance Director: AP ORDINANCE FOR A THREE-YEAR SHARED MOBILITY PILOT PROGRAM AND SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS BIKE SHARE PILOT PROGRAM UPDATE SUMMARY Since fall of 2018, the City of Claremont has been working on a Shared Mobility Ordinance to regulate the operation of micro mobility devices, like scooters, bicycles, and e -bikes. Electric scooters in particular have drawn considerable attention and controversy regarding safety and enforcement, and in other cities, the proliferation of scooters has resulted in litigation. The Claremont Colleges and the Village merchants have shared similar concerns. In response, on September 11, 2018, the City Council adopted an urgency ordinance to declare a temporary moratorium prohibiting the establishment or operation of any electric scooter rental businesses. This urgency moratorium is set to expire on September 10, 2020. To address these concerns, the City Council directed staff to prepare a Shared Mobility Ordinance to provide the framework to regulate the deployment of micro mobility devices. The proposed Shared Mobility Ordinance would be a three-year pilot program. The City's Traffic and Transportation Commission (TTC) and a TTC Subcommittee have reviewed the draft ordinance. On May 28, 2020, the TTC reviewed and approved the draft ordinance and recommended adoption by the City Council. Along with the preparation of the Shared Mobility Ordinance, the City also agreed to participate in a regional bike share pilot program, sponsored and funded through the San Gabriel Valley Council of Governments (SGVCOG). The Shared Mobility Ordinance has been drafted to provide the framework to regulate the SGVCOG pilot program. The adoption of this ordinance will complete another milestone to implement this pilot program to bring hybrid E -bikes (pedal assist) to the community. CLAREMONT Page 1 of 4 Printed on 6/18/2020 RECOMMENDATION Staff recommends that the City Council: A. Introduce for first reading of AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, ADDING CHAPTER 5.52 TO TITLE 5 (BUSINESS REGULATION) OF THE CLAREMONT MUNICIPAL CODE ESTABLISHING A THREE-YEAR SHARED MOBILITY PILOT PROGRAM FOR THE SHARED MOBILITY SYSTEMS AND DEVICES, SUCH AS BICYCLES, E -BIKES, AND ELECTRIC SCOOTERS; B. Direct staff to continue to work with the San Gabriel Valley Council of Governments on the implementation of its Bike Share Program in Claremont; and C. Direct staff to continue to work with the Traffic and Transportation Commission and Traffic and Transportation Ad Hoc Shared Mobility Subcommittee to move forward with the San Gabriel Valley Council of Governments Pilot Bike Share Program next steps. ALTERNATIVES TO RECOMMENDATION In addition to the recommendation, there are the following alternatives: A. Make revisions to the proposed language of the Shared Mobility Ordinance. B. Request additional information from staff FINANCIAL REVIEW The staff cost to prepare this report is estimated at $905 and is included in the operating budget of the Community Development Department. ANALYSIS The City Council, at its regular meeting of September 11, 2018, adopted an urgency ordinance declaring a temporary moratorium, prohibiting the establishment or operation of any electric scooter rental businesses. The moratorium placed an express prohibition on the granting or issuance of a license, certificate, or permit (including a "finding of similar use," which would allow for the issuance of a license, certificate, or permit) to any electric scooter rental business. Since then, this moratorium has been extended by the City Council to the maximum allowable extension, and is set to expire on September 10, 2020. The City Council also directed staff to draft guidelines to regulate shared mobility options to develop a set of rules to regulate shared bikes, electric scooters and alternative micro mobility trends. This process has moved forward through the TTC and a TTC Subcommittee process. On May 28, 2020, the TTC reviewed and approved the draft ordinance and recommended adoption by the City Council. Draft minutes are provided in Attachment B. Concurrently, the City Council also agreed to join the San Gabriel Valley Council of Government's efforts to bring a pilot bike share program to dozens of cities throughout Southern California. The SGVCOG awarded a contract to Gotcha Media Holdings, LLC for the implementation of a bike share program in the San Gabriel Valley area using grant funds received from the California Transportation Commission (CTC) Greenhouse Gas Reduction Fund Grant. Claremont is one of the Southern California communities that has expressed an interest in this regional pilot program, using hybrid e - bikes, with pedal assist. The SGVCOG and the participating cities have agreed that no scooters will CLAREMONT Page 2 of 4 Printed on 6/18/2020 be allowed under this regional pilot bike share program. Overall SGVCOG Regional Bike Share Update Due to COVID-19, the SGVCOG is reaching out to work with each of the participating cities to complete as many administrative components of the program as possible. This includes facilitating the adoption of ordinances, memoranda of understanding (MOUs), and station siting. This will allow the prompt deployment of the bikes once cities are ready to launch the program. In terms of individual city updates, the City of Baldwin Park has already adopted a resolution (in lieu of an ordinance) to participate in the program and also adopted the MOU, along with finalized bike locations. Additionally, South EI Monte has completed their station siting and approved an MOU with the SGVCOG and they are tentatively launching the bikes in the city by the end of June. The SGVCOG is also working with LA County to deploy in the unincorporated county areas. Note that these launches are not planned to be in-person. The SGVCOG will develop a press release and video to promote the event, which will explain how Gotcha is implementing safety and cleaning procedures for the bikes. Updates on Gotcha regarding COVID-19 response: Despite COVID-19, Gotcha has indicated that they are stable and positioned to continue operations. They are considered a form of transportation in many of their markets, which qualifies them as an "essential service." Gotcha has seen an increase in new ridership in some markets because their customers prefer their bikes to mass transit. Next Steps for the City of Claremont If the City Council adopts the proposed Shared Mobility Ordinance, the SGVCOG and the City will work to execute a memorandum of understanding to define the roles and responsibilities of the SGVCOG, Gotcha, and the City. Simultaneously, the SGVCOG and Toole Design (station siting consultant) will work with the City and other partners to finalize a list of bike stations. Earlier this year, Toole, SGVCOG, the City, and the Claremont Colleges discussed preliminary desktop station siting maps located within the City. Typically, Toole would also complete an on-site visit to these proposed station locations in partnership with the City. A next step would be to discuss how this step might be completed under the current COVID-19 pandemic. COMMISSION REVIEW The TTC has been working on this project since the beginning of the process in 2018. Numerous meetings and study sessions were held to discuss the contents of the draft Shared Mobility Ordinance and the regional pilot program. Along the process, the Commission provided positive feedback and moved to create a TTC Shared Mobility Ad -Hoc Subcommittee, formed by Chair Medero and Commissioners Garcia and McCabe to work with staff on the draft Ordinance. As part of the Shared Mobility Ordinance preparation process, staff gathered feedback from the TTC Subcommittee, the Claremont Colleges, the City's Project Review Committee, and to complete the document staff worked with City Attorney in the final development of the draft ordinance. At their May 28, 2020 meeting, the TTC reviewed the draft and recommended City Council adopt the draft Shared Mobility Ordinance. The TTC also directed staff to determine whether the impound records of the CLAREMONT Page 3 of 4 Printed on 6/18/2020 shared mobility operator are public records and if not, amend the proposed ordinance to include a section specifying how the impound records would be made available to the public. To follow up with TTC direction, staff conferred with the City Attorney and confirmed that the Public Records Act (PRA) generally provides a process for making impounding records available to the public upon request (although redactions may be necessary in some circumstances - e.g., to protect sensitive personal information). If the City Council would like to go beyond what the PRA request and proactively make impound records available on the City's website, the City Attorney recommends the City Council direct staff to include this requirement in the Director's Administrative Regulations, rather than codifying this requirement in the ordinance. This approach will provide staff with the flexibility to adjust as needed. RELATIONSHIP TO CITY PLANNING DOCUMENTS Staff has evaluated the agenda item in relationship to the City's strategic and visioning documents and finds the following General Plan - This item addresses Measure II -37 relating to the Public Safety and Noise Program of the General Plan and furthers the Goal 6-1 to facilitate traffic safety for motorists and pedestrians through proper street design and traffic monitoring. 2019-20 Budget - This item meets the Community Development Department Work Plan Goal CD -11: Monitor and evaluate traffic circulation throughout the community to ensure that a safe and efficient traffic system is provided. CEQA REVIEW This pilot program is not a "project" under the California Environmental Quality Act (CEQA). The CEQA regulations exempt "administrative activities of governments that will not result in direct or indirect physical changes in the environment" from its definition of "project." (14 CCR § 15378(b)(5).) Even if this pilot program were a "project," it is exempt from CEQA under the "common sense" exemption because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (14 CCR § 15061(b)(3).) PUBLIC NOTICE PROCESS Due to the current health orders related to the COVID-19 pandemic, parts of the City's regular agenda distribution process have been suspended as public review copies cannot be placed at their regular locations due to facility closures, or limited access. The agenda and this staff report are available on the City's website. If you desire a copy, please contact the City Clerk's Office. Submitted by: Prepared by: Brad Johnson Maria B. Tipping Community Development Director City Engineer Attarhmantc- A - Draft Shared Mobility Ordinance B - Draft TTC Minutes May 28, 2020 CLAREMONT Page 4 of 4 Printed on 6/18/2020 ATTACHMENT A ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, ADDING A NEW CHAPTER 5.52 TO TITLE 5 (BUSINESS REGULATION) TO THE CLAREMONT MUNICIPAL ESTABLISHING A THREE -YEAR SHARED MOBILITY PILOT PROGRAM FOR THE SHARED MOBILITY SYSTEMS AND DEVICES, SUCH AS BICYCLES, E -BIKES, AND ELECTRIC SCOOTERS WHEREAS, City of Claremont ("City") consists of just over 13.9 square miles of land, which is home to approximately 36,000 residents, the job site of 16,500 workers, and a destination for thousands of visitors on weekends and holidays; and WHEREAS, the City's public rights-of-way are designed to accommodate a multimodal transportation system and are heavily utilized by residents, workers, students, and visitors; and WHEREAS, the City is committed to the long-range goal of protecting the natural environment, increasing sustainability efforts, and improving overall quality of life; and WHEREAS, in recent years, shared mobility businesses have exploded globally offering several different types of devices including but not limited to bikes, e -bikes, and electric scooters; and WHEREAS, without proper regulation, the rapid proliferation of such devices creates safety hazards for pedestrians, bicyclists, motorists, and passengers; and WHEREAS, to date, the City does not have any permitted and/or licensed shared mobility businesses operating within its jurisdiction; and WHEREAS, to date, the City's Municipal Code and Zoning Ordinance (Title 16 to the Municipal Code) have no regulations that specifically address shared mobility businesses; however, such use is not permitted for at least two reasons: (1) from a land use perspective, the lack of regulations permitting (or conditionally permitting) such use (or a similar use) means the use is deemed prohibited unless a Finding of Similar Use is approved by the Community Development Director pursuant to Chapter 16.339 (see, e.g., Claremont Municipal Code § 16.051.020(A); § 16.054.010(A); § 16.060.010(A); § 16.063.010; § 16.069.020(A)); and (2) from a business licensing perspective, shared mobility businesses (like any business) could not operate in the city without a tax certificate (Claremont Municipal Code Chapter 4.10) and, potentially, a business permit (Claremont Municipal Code Chapter 5.20); and WHEREAS, on September 11, 2018, the City Council adopted Ordinance No. 2018-08 as an urgency ordinance imposing a 45 -day moratorium to suspend the establishment, location, or operation of an electric scooter rental business within the City, and prohibiting the granting or issuance of any finding of similar use (pursuant to Chapter 16.339 of the Claremont Municipal Code), license (including a business license), Ordinance No. 2020 - Page 2 certificate (including a tax certificate), or permit (including a business permit, conditional use permit, or special use permit) by the City to any electric scooter rental business; and WHEREAS, in Ordinance No. 2018-08, the City Council found and declared there was a current and immediate threat to the public peace, health, safety, or welfare that justified a temporary moratorium on any allowance or permitting of within the City's jurisdiction; and WHEREAS, after a duly -noticed public hearing on October 9, 2018, the City Council adopted Ordinance No. 2018-09 extending the moratorium through September 107 2019, and after another duly -noticed public hearing on July 9, 2019, the City Council adopted Ordinance No. 2019-05 extending the moratorium through September 10, 2020; and WHEREAS, in connection with the moratorium, City staff investigated many issues relating to the potential siting and operation of electric scooter rental business within the City, such as the compatibility of electric scooters rentals in various zoning districts, City regulations that could mitigate or minimize the safety and traffic circulation problems other cities have experienced after they allowed electric scooter rental businesses to operate in their jurisdiction, and financial challenges that could be posed by increased administrative costs and law enforcement activity associated with lawfully permitted electric scooter rentals; and WHEREAS, in addition to electric scooters, the City also evaluated the compatibility of bike sharing systems; and WHEREAS, the City now seeks to create a shared mobility device pilot program to study and develop best practices for: 1. making mobility options available to residents, employees, students, and visitors; 2. establishing minimum operating requirements in the categories of maintenance, education, safety, customer service, data sharing, and insurance/indemnification; 3. reducing sidewalk and pathway impediment; 4. maintaining access for individuals with disabilities; 5. educating users about the proper rules and etiquette; 6. creating a user-friendly and enforceable framework for managing shared mobility in the public right-of-way; 7. building good working partnerships with shared mobility service providers; and Ordinance No. 2020 - Page 3 8. identifying a broader list of recommended program components through which participating shared mobility service providers can be evaluated during the pilot term; and WHEREAS, the proposed shared mobility pilot program would inform the content of future operating requirements and program components, and provide flexibility during the pilot period through administrative regulations, adopted by City staff, that the City can quickly modify in response to changed circumstances and/or lessons learned; and WHEREAS, this Ordinance establishes a three-year shared mobility pilot program allowing shared mobility devices, such as unpowered bicycles and/or "Class 1" or "Class 2" electric powered bicycles within the City, subject to licensing and operational requirements. WHEREAS, the City Council directs the City Manager or his or her designee to monitor and assess the overall performance of the pilot program and provide City Council with reports on an as needed basis. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals The City Council hereby finds that all of the foregoing recitals and the statements in the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein. Section 2. CEQA The City Council finds that this pilot program is not a "project" under the California Environmental Quality Act ("CEQA. The CEQA regulations exempt "administrative activities of governments that will not result in direct or indirect physical changes in the environment" from its definition of "project." (14 CCR § 15378(b)(5).) Even if this pilot program were a "project," it is exempt from CEQA under the "common sense" exemption because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (14 CCR § 15061(b)(3).) Section 3. Code Amendment Chapter 5.52 is hereby added to Title 5 of the Claremont Municipal Code and shall read as follows: Chapter 5.52 Shared Mobility Program 5.52.010 Purpose The purpose of this Shared Mobility Program is to enhance mobility and access, ease traffic congestion, promote sustainability, and ensure the protection of public health and safety, including the safety of the public traveling by foot, bicycle, wheelchair, or any vehicle on public sidewalks, streets, other public rights-of-way and adjacent private property. Ordinance No. 2020 - Page 4 5.52.020 Definitions For the purpose of this chapter, unless the context clearly requires otherwise, the words and phrases defined in this section shall have the following meanings: A. "Abandon" shall mean leaving any mobility device unattended in a public area without the City's permission for any length of time. B. "City Manager" shall mean the City Manager or his or her designee. C. "Director" shall mean the Community Development Director or his or her designee. D. "Mobility device" shall mean any device by which a person can be transported, propelled, moved, or drawn, such as an electric bicycle, a standard bicycle, or an electric scooter. E. "Operator" shall mean a person or business entity that has obtained the City's approval and a license from the City to rent, locate, display, offer, or place for rent shared mobility devices in any public area in accordance with this Shared Mobility Program and any related administrative regulations. F. "Prohibited mobility device" shall mean any shared mobility device that has not been approved by City staff in accordance with this Shared Mobility Program and any corresponding administrative regulations. G. "Public area" shall mean any outdoor area that is open to the public for public use, and owned or operated by the City, including without limitation, the public right-of- way. H. "Public right-of-way" shall mean any alley, parkway, transportation path, roadway, sidewalk, trail, pathway, or street that is owned, dedicated by easement, operated, or controlled by the City. I. "Restricted areas" shall mean any areas within the City that the City has designated as off limits to the use or placement of shared mobility devices. J. "Shared mobility device" shall mean any mobility device that is rented or offered for rent in any public area. "Shared mobility device" does not include - 1 . nclude:1. Any mobility device that is owned by the person using it; 2. Any mobility device that is being used with the owner's permission, free of charge; 3. A rental car; 4. A taxicab; 5. Any mobility device for people with disabilities, such as a wheelchair; or Ordinance No. 2020 - Page 5 6. Any other device excluded pursuant to the City's administrative regulations. K. "Shared Mobility Program" shall mean the program set forth in this chapter allowing one or more operator(s) to place shared mobility devices in public areas within City boundaries so the shared mobility devices may be rented by members of the public. 5.52.030 Administrative regulations A. The Director may adopt administrative regulations to implement the provisions of this chapter, which may include regulations relating to lawful conduct, prohibited conduct, public safety, data sharing, data privacy, and/or the timely removal of hazards. Any administrative regulations shall be published on the City's website and available upon request at City Hall. B. Violation of any administrative regulation issued pursuant to this chapter shall constitute a violation of this Code and shall subject the violator to the penalties set forth in this Code. 5.52.040 Prohibited conduct Notwithstanding any other provision of this Code, persons (including operators) shall not: A. Rent or offer for rent any mobility device in any public area without an operator's license issued pursuant to this chapter; B. Deploy, drop, abandon, leave, dock, park, or otherwise place (for any length of time) any mobility device in any public area in a manner that: Obstructs or blocks access to a path of travel, including without limitation a sidewalk, curb ramp, crosswalk, or doorway; 2. Violates disability access laws, requirements, and/or regulations, such as the Americans with Disabilities Act (ADA) and its implementing regulations; 3. Poses a public safety hazard or nuisance; or 4. Is otherwise prohibited by applicable local, State or Federal laws or the City's administrative regulations; C. Operate any mobility device at a speed that exceeds the limits set forth in the California Vehicle Code and the Claremont Municipal Code, including Claremont Municipal Code Sections 10.48.010 (speed limits for certain streets) and 11.02.100 (speed limits for public parks); D. Deploy, drop, abandon, leave, dock, park, or otherwise place (for any length of time) or use, rent, or offer for rent any prohibited mobility device in any public area; or Ordinance No. 2020 - Page 6 E. Deploy, drop, abandon, leave, dock, park, or otherwise place (for any length of time) or use, rent, or offer for rent any shared mobility device or prohibited mobility device in any restricted area. 5.52.050 Operator license, fees, and other requirements A. Operator's License. An operator's license is required to use any public area to rent out or offer for rent any mobility device. B. Application Processing. An application for an operator's license shall be made on forms provided by the Director and shall be submitted with an application fee. The application shall include all information needed to determine compliance with this chapter and any administrative regulations. The application fee shall be established by resolution of the City Council. The Director shall have the authority to approve, conditionally approve, or deny an application for an operator's license. C. Approval Criteria. An operator's license shall not be approved or conditionally approved unless all of the following findings can be made: The operator's shared mobility devices are safe, legal, clean, and well- maintained. 2. The number of shared mobility devices the operator seeks to rent or offer for rent will not result in an oversaturation of shared mobility devices in the City or otherwise have an adverse impact on the public health, safety and welfare. 3. The operator has rules, protocols, and staffing to ensure its shared mobility devices will not be used in restricted areas. 4. The operator has rules, protocols, and staffing to ensure its shared mobility devices will not be used or abandoned in public areas in a manner that interferes with pedestrian or vehicular travel or disability access, or otherwise creates a safety hazard or public nuisance. 5. The operator has one or more representatives that will be responsive to City concerns twenty-four hours a day, seven days a week. 6. The operator has agreed to uphold the indemnification requirements set forth in in this chapter and has provided proof of the insurance required by this chapter. 7. The operator has obtained or has concurrently applied for a tax certificate in accordance with Chapter 4.10 of this Code and, if necessary, a business permit in accordance with Chapter 5.20 of this Code. 8. The Director has approved a Finding of Similar Use pursuant to Chapter 16.339 of this Code. Ordinance No. 2020 - Page 7 D. Ongoing Operator's License Fees. The City Council may establish license fees by resolution, which shall both defray the City's costs of administering and enforcing the provisions of this Chapter and compensate the City for allowing an operator to use public areas to rent, locate, display, offer, or place for rent shared mobility devices. E. Term and Renewals of Operator's License. The term of an operator's license shall not exceed one year. The Director may create a streamlined application process for requests to renew an operator's license. F. Revocation or Suspension of Operator's License. Failure to comply with the requirements of this chapter (including the approval criteria listed above), any administrative regulations issued pursuant to this chapter, or any federal, state, or local law shall be grounds for revocation or suspension of an operator's license. The Director shall provide the operator with written notice of the revocation or suspension that set forth the basis for his or her decision. G. Appeals. An applicant for or holder of an operator's license may appeal a Director decision regarding issuance, denial, revocation, or suspension of an operator's license to the City Council. Appeals must be submitted to the City Clerk within ten (10) calendar days of the decision on which the appeal is based. The appeal shall be in writing and the appeal shall be submitted with an appeal fee in the amount established by resolution of the City Council. The appellant shall set forth his or her reason(s) for asserting that a decision or action was in error, or in violation of this Code, or any other applicable law. Unless the Director determines the public health or safety requires otherwise, any decision that is being appealed shall be suspended until a decision on the appeal has been made. 5.52.060 Operator indemnity and insurance requirements A. By accepting an operator's license and/or renting or offering to rent shared mobility devices in the City, an operator shall indemnify, defend (at operator's sole cost and expense with counsel of the City's choosing), and hold harmless the City, and its officers, officials, employees, representatives, and agents from any and all claims, damages, injuries, liabilities or losses which arise out of, or in any way relate to, the City's issuance of the operator's license or the operator's activities and operations in the City, including without limitation, any alleged violation of any Federal, State or local laws by the operator or by the users of the operator's shared mobility devices, and any and all claims, damages, injuries, liabilities or losses to claimed by the users of operator's shared mobility devices or any third party, arising out of, or in any way related to, operator's activities and operations. The City and operator may enter into an indemnification agreement to refine the scope and terms of this indemnification obligation, which agreement must be approved by the City Manager in a form acceptable to the City Attorney. The lack of an indemnification agreement does not relieve an operator of the indemnification obligations set for this this section. Ordinance No. 2020 - Page 8 B. An operator shall maintain insurance at coverage limits, and with conditions thereon, as determined by the Director as necessary and appropriate. The operator's insurance policies shall name the City of Claremont as an additional insured. Prior to commencing operations, the operator shall provide proof of insurance to the Director. The operator shall notify the City within ten (10) days if its insurance coverage is reduced or terminated. Failure to maintain adequate insurance coverage shall be grounds for suspension or revocation of an operator's license. The insurance coverage required by this paragraph shall not in any way limit an operator's indemnification obligations set forth in the previous paragraph. 5.52.070 Impoundment of mobility devices A. Mobility devices that are deployed, dropped, abandoned, left, docked, parked, or otherwise placed (for any length of time) or used, rented, or offered for rent, in any manner that violate this chapter constitute a public nuisance are shall be subject to immediate impoundment by the City. B. The City Council may adopt impound fees by resolution, which shall not exceed the costs of enforcement, investigation, administration, storage, and impoundment. C. No person shall retrieve any impounded mobility device except upon demonstrating proper proof of ownership of the device and payment of applicable impound fees. D. Any mobility device not retrieved from impound after more than thirty (30) calendar days shall be deemed abandoned and may, in the City Manager's discretion, be destroyed or auctioned in accordance with applicable state law. 5.52.080 Docking stations, bike racks, or other parking facilities for mobility devices A. Advance approval of the Director is required to place a docking station, bike rack, or any other kind of parking facility for shared mobility devices in a public area. The City may immediately remove and impound an unauthorized docking station, bike rack, or parking facility from a public area. B. The City Council may adopt impound fees by resolution, which shall not exceed the costs of enforcement, investigation, administration, storage, and impoundment. C. No person shall retrieve any impounded docking station, bike rack, or parking facility except upon demonstrating proper proof of ownership and payment of applicable impound fees and any costs the City incurred restoring the public area to its original condition. D. Any docking station, bike rack, or parking facility not retrieved from impound after more than thirty (30) calendar days shall be deemed abandoned and may, in the Ordinance No. 2020 - Page 9 City Manager's discretion, be destroyed or auctioned in accordance with applicable state law. 5.52.090 Enforcement and remedies A. Criminal Fines and Penalties. Any person responsible for violating any provision of this chapter is guilty of an infraction or a misdemeanor at the discretion of the City Attorney and/or district attorney. Upon conviction, the person shall be punished as prescribed in Chapter 1.12. B. Administrative Fines and Penalties. Whenever an officer charged with the enforcement of any provision of this Municipal Code determines that a violation of this chapter has occurred, the officer shall have the authority to issue an administrative citation to any person responsible for the violation in accordance with Chapter 1.14. C. Public Nuisance. Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to California Code of Civil Procedure Section 731 or any other remedy available at law. D. Civil Action. In addition to any other enforcement permitted by the City's Municipal Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this chapter. In any civil action that is brought pursuant to this chapter, a court of competent jurisdiction may award civil penalties and costs to the prevailing party. E. License Revocation. Any violation of this chapter may result in revocation of an operator's license in accordance with Section 5.52.050. 5.52.100 Term of pilot program This chapter is originally adopted as a temporary pilot program that the City Council may suspend or terminate at any time. This chapter shall be automatically repealed in its entirety on August 6, 2023 unless the City Council amends the Municipal Code to remove this section. Section 4. Performance Reports on Pilot Program The City Council directs the City Manager or his or her designee to monitor and assess the overall performance of the pilot program and provide City Council with reports on an as needed basis. Section 5. Early Termination The City reserves the right to suspend or terminate the Shared Mobility Program at any time for any reason. Section 6. Severability In the event that any court of competent jurisdiction holds any section, subsection, paragraph, sentence, clause or phrase in this Ordinance to be unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Ordinance and shall not affect the validity of the remaining portions of this Ordinance. Ordinance No. 2020 - Page 10 The City hereby declares that it would have adopted each section, subsection, paragraph, sentence, clause or phrase in this Ordinance irrespective of whether any one or more sections, subsections, paragraphs, sentences, clauses or phrases in this Ordinance might be declared unconstitutional, preempted or otherwise invalid. Section 7. Conflicts with Prior Ordinances In the event that any City ordinance or regulation, in whole or in part, adopted prior to the effective date of this Ordinance, conflicts with any provisions in this Ordinance, the provisions in this Ordinance will control during the term of the pilot program. If, during or after the term of this Ordinance, the City Council elects to convert this pilot program into a permanent program, the City Council shall amend the Claremont Municipal Code (including its Zoning Code) to reconcile any conflicts. Section 8. Posting of Ordinance The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption of it, and within fifteen (15) days, publish a summary of the ordinance in the Claremont Courier, a semi-weekly newspaper of general circulation, printed, published, and circulated in the City of Claremont and thirty (30) days thereafter it shall take effect and be in force. Section 9. Effective Date This ordinance shall take effect and be in force thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED this day of Mayor, City of Claremont ATTEST: City Clerk, City of Claremont APPROVED AS TO FORM: Clb�k „a City Atto`ey TRAFFIC AND TRANSPORTATION COMMISSION MEETING MINUTES Thursday, May 28, 2020 — 7:00 p.m. City Council Chamber Meeting Conducted Via Zoom CALL TO ORDER Chair Medero called the meeting to order at 7:00 p.m. ROLL CALL PRESENT VIA ZOOM: ABSENT: ATTACHMENT B COMMISSIONER: BLAIR, GARCIA, MARLER, MCCABE, MEDERO, STUMP COMMISSIONER: RUTTER ALSO PRESENT VIA ZOOM: City Engineer Maria Tipping; Associate Engineer Vince Ramos; Administrative Assistant Natalie Reagan; and Senior Administrative Assistant Nancy Krahn CEREMONIAL MATTERS, PRESENTATIONS AND ANNOUNCEMENTS City Engineer Tipping and Commissioner Medero introduced newly appointed Commissioner Stump to the Traffic and Transportation Commission. PUBLIC COMMENT Chair Medero invited public comment. The written public record of Erik Griswold was read into the record. There were no other requests to speak. CONSENT CALENDAR Chair Medero invited public comment. There were no requests to speak. 1. Traffic and Transportation Commission Meeting Minutes of February 27, 2020 Approved and filed. Commissioner McCabe moved to approve the Consent Calendar; seconded by Commissioner Garcia, and carried on by roll call vote as follows: Traffic and Transportation Commission Minutes May 28, 2020 Page 2 AYES: Commissioner - Blair, Garcia, Marler, McCabe, Medero NOES: Commissioner - None ABSENT: Commissioner - Rutter ABSTAIN: Commissioner - Stump ADMINISTRATIVE ITEM 2. Draft Shared Mobility Ordinance — San Gabriel Valley Council of Governments Bike Share Pilot Program City Engineer Tipping gave a PowerPoint presentation and addressed Commissioners questions and comments regarding: a) clarification of the type of devices used in the program; b) the operation of the program; c) data collection; d) the program's licensing duration; e) locations of the charging stations; and, f) deadline for ordinance adoption. Chair Medero invited public comment. The written comment of Erik Griswold was read into the record. There were no other requests to speak. Commissioner Marler stated that this will prohibit scooters from being considered. Commissioner Garcia said Gotcha provided multiple options of shared mobility devices, which could include bicycles and scooters. Commissioner McCabe addressed Mr. Griswold's comment about the police impound records. He believes the devices are micro chipped and able to be located. With multiple cities implementing this program there will be more dock stations for the bicycles. He shared discussion about potential geo fencing, to keep the mobility devices in a certain area. Commissioner Medero echoed Mr. Griswold's request that impound records are made available to all residents of the City of Claremont. She asked staff to look into it, since this would relate to the City and not the program itself. She asked if there is an option to add this into the ordinance before review by the City Council. Commissioner Stump believed the scooters were not taken care of well and showed up overnight with in the City with little to no warning. She thinks that the COG program will take some work but believes that the bicycles are a great idea, and is skeptical about the scooters. Commissioner Marler believes it is an issue of docked versus undocked devices. Traffic and Transportation Commission Minutes May 28, 2020 Page 3 Commissioner Stump expressed the need for communication with the residents and business owners to get people excited and about the bicycles and scooters to ensure the success of the program. Commissioner Medero believes that this program is laid out much better compared to the previous OFO a couple years back. Many people were not aware or given much notice when the OFO scooters were implemented at the Claremont Colleges. Commissioner Garcia expressed that OFO disappeared because they went out business and did not leave the City because the City wanted them to leave. She also requested the ordinance be revised to allow approval of one or more vendors which gives the City flexibility and options. City Engineer Tipping pointed out that there would have to be a discussion with the City Attorney if changes want to be made. The goal of the ordinance is to accommodate the pilot program, but the program has flexibility for the City to work with. Commissioner Medero is cautious of how the pilot program will run for the first year. She believes this is a learning experience and would hope that we can learn from this pilot program and create a stronger program in the future. She shared that the original timeline was to get this program implemented by the Claremont Earth day celebration, but due to Covid-19 this was postponed. She asked for clarification on the timeline for the program. City Engineer Tipping shared that COG has said they are somewhat in a holding pattern at the moment. The City is being proactive at this time with the ordinance, while some cities are holding back to see how it plays out. Commissioner Medero expressed that the timeline is more urgent as the City's existing moratorium is reaching its expiration date. Commissioner Marler pointed out the inconsistency with the number of vendors allowed in the City. The impound record is irrelevant since this is a docked bicycle system. Commissioner McCabe believes that if the ordinance and program are structured correctly then there is room for adjustment in the future. Commissioner Medero is skeptical about docked stations in suburban areas since the area is more spread out. She believes that there are limitations with not having the large population other cities have. Commissioner Marler stated that there will need to be a point person from the contracted company to help with the bicycles that that are left undocked to insure they are not left on the street. Traffic and Transportation Commission Minutes May 28, 2020 Page 4 Commissioner Garcia followed up with the request that the impound records be available to all residents. City Engineer Tipping said she would have to look into it. Commissioner Medero moved to recommend City Council adoption of the draft Shared Mobility Ordinance; and direct staff to determine whether the impound records of the shared mobility operator are public records and if not, amend the proposed ordinance to include a section specifying how the impound records would be made available to the public; seconded by Commissioner McCabe, and carried on the following vote: AYES: Commissioner - Blair, Garcia, Marler, McCabe, Medero, Stump NOES: Commissioner - None ABSENT: Commissioner - Rutter PUBLIC HEARINGS — None REPORTS Commission Commissioner Comments Commissioner Marler asked staff to follow up on Mr. Griswold's public comment, which requested touch less walk buttons at signals throughout the City and be extended to the Citrus Bikeway. He also showed support for closing down east and west Claremont Village to allow restaurants to have outdoor dining space. Commissioner Stump echoed Commissioner Mader's thoughts on closing the streets and applauded the creativity of the residents, businesses, and staff for this idea. Commissioner Medero expressed her support as well for the closing of streets to help the community. She added that the City should help the community in any way we can during this time. Staff Briefinq on Council Meetings City Engineer Tipping provided an update on the previous City Council Meetings. Briefina on Other Items Traffic and Transportation Commission Minutes May 28, 2020 Page 5 Associate Engineer Ramos provided a brief update on Foothill Project and will present a full presentation at a later meeting. Upcoming Agendas and Events City Engineer Tipping reported on upcoming agenda items. ADJOURNMENT Chair Medero adjourned the meeting at 8:23 p.m. The next regular meeting of the Traffic and Transportation Commission will be held on Thursday, June 25, 2020, at 7:00 p.m. Chair ATTEST: Administrative Assistant