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HomeMy WebLinkAbout2018-12-05 SC PACKET - Revised REGULAR MEETING OF THE SAFETY COMMISSION OF THE CITY OF CHULA VISTA Council Chambers December 5, 2018 276 Fourth Avenue 6:00 p.m. Chula Vista, CA CALL TO ORDER ROLL CALL Commissioners Cervantes, Fa’aola, Jackson, Marroquin, Marshall, Munoz, and Chair Hidinger PLEDGE OF ALLEGIANCE TO THE FLAG OPENING STATEMENT PUBLIC COMMENTS Persons speaking during Public Comments may address the Commission on any subject matter within the Commission’s jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Commission may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. 1. APPROVAL OF MINUTES OF NOVEMBER 7, 2018 2. RESOLUTION OF THE SAFETY COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THE APPROVAL OF THE SHARED MOBILITY DEVICE PERMIT REQUIREMENTS BY CITY COUNCIL 3. STREET NAMES ALONG BIRCH ROAD ALIGNMENT 4. PEDESTRIAN AND BIKEWAYS SAFETY PROGRAMS – CIP UPDATE 5. POLICE DEPARTMENT TRAFFIC ACCIDENTS 6. UPDATE ON PUBLIC SAFETY ADVISORY COMMITTEE OTHER BUSINESS 7. COMMISSIONERS’ COMMENTS 8. STAFF COMMENTS ADJOURNMENT to the regular meeting on Janaury 2, 2018 at 6:00 p.m. in the Council Chambers. Chula Vista, California. Materials provided to the Safety Commission related to any open-session item on this agenda are available for public review at the Engineering Dept. located at 276 Fourth Avenue, Building B, Chula Vista during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the Human Resources Department at (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. City of Chula Vista Boards & Commissions Safety Commission UNOFFICIAL MINUTES MINUTES OF A REGULAR MEETING OF THE CHULA VISTA SAFETY COMMISSION Council Chambers November 7, 2018 City Hall – Building A 6:00 p.m. 276 Fourth Avenue CALL TO ORDER Meeting called to order at 6:03 p.m. ROLL CALL Present: Chair Hidinger, Commissioners Jackson (arrived at 6:06 pm), Marroquin, Marshall, and Munoz Absent: Commissioners Cervantes and Fa’aola Staff present: Sr. Civil Engineer, Paul Oberbauer; Officer Brian Carter; and Recording Secretary, Florence Picardal PLEDGE OF ALLEGIANCE Pledge of Allegiance was led by Chair Hidinger. OPENING STATEMENT Opening statement read by Chair Hidinger. PUBLIC COMMENTS 1. Anne Davis, Chula Vista resident, voiced concerns with the flashing lights at Park Way, cars are not stopping. She also had concerns with the intersection of Broadway at the trolley station. 2. Kathleen Reed, Chula Vista resident, submitted an email (previously distributed to the Safety Commission) and spoke in opposition to the Residential/Commercial project at Otay Ranch Mall that has been changed from the original master planned Freeway/Commercial. This item will be presented to the Planning Commission for consideration in the near future. 1. APPROVAL OF MINUTES OF AUGUST 1, 2018 Motion made by Commissioner Marroquin and seconded by Chair Hidinger to approve the minutes of August 1, 2018. MOTION PASSED 5-0-2 (Cervantes and Fa’aola absent). 2. INTELLIGENT TRANSPORTATION SYSTGEMS INITIATIVES UPDATE Sr. Civil Engineer Oberbauer gave a brief presentation on: 1) Adaptive traffic signals project; 2) Emergency vehicle preemption upgrades; 3) New data collection methods; and 4) Enhanced signage installations. He answered questions from Commissioners Marroquin, Munoz, Marshall and Chair Hidinger. 3. PEDESTRIAN AND BIKEWAYS SAFETY PROGRAMS – CIP UPDATE Sr. Civil Engineer Oberbauer gave a brief presentation. 4. POLICE DEPARTMENT TRAFFIC ACCIDENTS Officer Brian Carter gave a brief presentation. Safety Commission Minutes November 7, 2018 Page 2 UNOFFICIAL MINUTES 5. UPDATE ON PUBLIC SAFETY ADVISORY COMMITTEE Commissioner Marroquin stated there have been no scheduled meetings. OTHER BUSINESS 6. COMMISSIONERS’ COMMENTS Chair Hidinger stated the Traffic Workshop sponsored by ITE and held at the County was attended by Commissioners Cervantes and Marroquin. He also stated there was AV testing on SR125 on the weekend. Lastly, he commented on the developers’ requests approved by the City and traffic/safety related problems created with these developments which eventually are brought to the Safety Commission. Commissioner Marroquin also voiced his concerns with developers’ requests approved by the City. He stated that Chula Vista used to be a small community for many years and has grown into a major city with major city problems. 7. STAFF COMMENTS Sr. Civil Engineer Oberbauer had responses to questions brought up at prior meetings: 1. Restrictions on riding bikes on sidewalks: CVMC 10.72.190 only prohibits bike riding on sidewalks in”Business Districts” or where posted signage prohibits it. 2. Southbound right-turn overlap arrow (Olympic Parkway/Town Center Dr): - Currently, the southbound right turn lanes are restricted “No Right Turn on Red” because the distance over which approaching westbound cars can be seen is inadequate to not have the restriction. - Far right lane is “Right Turn Only” whereas middle lane is shared right-turn and through. This prevents implementing right turn overlap under the current configuration. - Developer of the property to the south is currently evaluating alternative figurations of the intersection to improve flow. ADJOURNMENT at 7:03 p.m. to the regular meeting on December 5, 2018 at 6:00 p.m. in the Council Chambers. Chula Vista, California. Respectfully submitted, Florence Picardal, Recording Secretary J:\Engineer\TRAFFIC\SAFETY COMMISSION\2018\2018-11\11-07-18 MINUTES.doc Page 2, Item 2__ Meeting Date 12/5/18 Equipment and Safety The Equipment and Safety requirements provide qualified vendors (Operators) with baselines for device requirements and list applicable California Vehicle Code (CVC) rules and regulations for the safe operations of shared bicycles and electric (motorized) scooters. These requirements include device specifications, maximum permitted speeds for electric assist devices, user age and license requirements, Global Positions System (GPS) equipment and customer service contact information. Parking The Parking requirements provide qualified vendors with guidelines for acceptable parking of the shared devices within City right-of-way. Emphasis is made to discourage/prohibit device parking within ADA facilities (pedestrian ramps and sidewalk paths), private property and landscaped areas. These requirements put the responsibility on the Operators to address any complaints regarding unacceptable parking of said devices. Operations The Operations requirements assist the City with the proper management of shared devices citywide. Considering multiple vendors may be interested in launching a device share fleet within Chula Vista, fleet deployment will be limited in the initial months to allow for City monitoring of the overall program. Requirements are also included to encourage equitable deployment across the City and lists Operator responsibility for the maintenance and upkeep of its fleet in service. Data Sharing The Shared Mobility Device program plans to utilize GPS data collected from each device for research and analysis to develop usage trends citywide. This information will be valuable for Capital Improvement Program (CIP) project planning and future grant opportunities. Fees and Application The Fees and Application requirements were intended to ensure the City does not assume any fiscal impacts and liability due to the operation of the various device share vendors. The fee calculation assumes staffing requirements and potential third-party analytics company expenses. Throughout the development of the City’s proposed program, staff learned that permit requirements vary from agency to agency. Moreover, as some agencies proceeded beyond the pilot program stage to adopting the formal program, the permit requirements also updated to adapt to trends or issues specific to each region. Due to the constantly evolving device sharing industry, it is necessary that these permit requirements be considered iterative and require updates on occasion. Pilot Program We have included current best practices from the many Agencies researched over the past year and the one-year pilot program will allow us to evaluate and determine what refinement would be needed should the decision be made to allow operators to service in the City. Page 3, Item 2__ Meeting Date 12/5/18 ASSEMBLY BILL 2989 On September 9, 2018, Assembly Bill 2989 passed which, effective January 1, 2019, amends the California Vehicle Code §21235(b) to read: 21235. The operator of a motorized scooter shall not do any of the following: (b) Operate a motorized scooter on a highway with a speed limit in excess of 25 miles per hour unless the motorized scooter is operated within a Class II or Class IV bikeway, except that a local authority may, by ordinance or resolution, authorize the operation of a motorized scooter outside of a Class II or Class IV bikeway on a highway with a speed limit of up to 35 miles per hour. The 15 miles per hour maximum speed limit for the operation of a motorized scooter specified in Section 22411 applies to the operation of a motorized scooter on all highways, including bikeways, regardless of a higher speed limit applicable to the highway. Staff reviewed the City’s roadway network and determined that several roadways are posted with a 30 and 35mph speed limit and have Class II bike lane facilities. Since it was determined that these roadways would provide vital connections for use of motorized scooters (such as those included in the above mentioned Shared Mobility Device Program) to access mass transit hubs, the staff will present an ordinance to City Council authorizing the operation of a motorized scooter outside of a Class II or Class IV bikeway on a highway with a speed limit of up to 35 miles per hour. FISCAL IMPACT Adoption of this resolution will not have any direct fiscal impacts. The permit fees and deposits are intended to make the Shared Mobility Device Program revenue neutral, creating no impact to the general fund. ATTACHMENTS 1. Bike Share Permit Requirements J:\Engineer\TRAFFIC\SAFETY COMMISSION\2018\2018-12\Dockless Bikes, Scooters\SAFETY COMMISSION AGENDA STATEMENT.docx E n g i n e e r i n g a n d C a p i t a l P r o j e c t s D e p a r t m e n t SHARED MOBILITY DEVICE (PILOT PROGRAM) PERMIT REQUIREMENTS Page 1 of 16 276 Fourt h Avenue Chula Vista California 91910 (619) 691.5021 Rev 2.06 OVERVIEW The Shared Mobility Device Pilot Program (“Program”) is a one-year pilot permit program to provide new mobility options for the residents and visitors of the City of Chula Vista (the “City”). This Program will assist the City with monitoring and evaluating the deployment and operations of shared mobility equipment for permitted operators that are issued a permit under the Program (“Operator”). The Program requirements are designed to limit the overall number of devices that each Operator is allowed to deploy and explain the obligations and responsibilities that Operators must uphold in order to maintain an active permit. As the dockless device sharing industry grows and evolves, developing the right regulatory structure will continue to be an iterative process. The City reserves the right to modify or supplement the permit requirements as needed to address unanticipated impacts. The goal of the Program is to: 1. Support an active, healthy lifestyle; 2. Ensure affordable and equitable service; 3. Fill mobility gaps and improve connections to transit; 4. Provide a low-carbon mobility option to reduce carbon emissions; 5. Manage public space to ensure sidewalks are organized and free from obstruction; 6. Derive insights into the use of the shared mobility device systems, compliance issues, and targeted bike infrastructure investments with robust data partnerships; E n g i n e e r i n g a n d C a p i t a l P r o j e c t s D e p a r t m e n t SHARED MOBILITY DEVICE (PILOT PROGRAM) PERMIT REQUIREMENTS Page 2 of 16 276 Fourt h Avenue Chula Vista California 91910 (619) 691.5021 Rev 2.06 GENERAL All persons and entities are prohibited from deploying bicycles, electric-assist bicycles (E-bikes), electric scooters, and other City-approved shared mobility devices (each a “device) in the City without a permit. All persons and entities are required to retrieve any non-permitted devices left unattended within Chula Vista city limits. Operators are advised that specifications herein that are listed as “must”, “shall”, or “required” are mandatory specifications. Specifications that are listed as “should”, “desirable”, or “preferred” are value added and their inclusion is desired. G1: A permit issued under the Program is temporary and vests no permanent rights. Permits cannot be transferred, assigned, or shared without the City’s prior written consent. The permit may be renewed annually in accordance with City’s policies and procedures. G2: Operator’s permit shall be valid through the date the permit terms expires, the date the City revokes the Operator’s permit, or the date the Operator withdraws in writing from the permit. Operator’s withdrawal from the permit shall not release it from obligations as provided herein. The City may charge permit review fees for the time required to close any permit. G3: The Operator shall remove all devices from Chula Vista right-of-way upon notice from the City. G4: Prior to issuance of a permit under this Program, Operator shall be required to procure and maintain commercial general liability insurance on form CG 00 01 or the equivalent and additional coverages as provided in the Shared Mobility Device Insurance Requirements which are found on Exhibit A to Attachment A hereto. G5: Prior to issuance of a permit under this Program, Operator shall be required to execute and record a Shared Mobility Device Indemnity Agreement, attached hereto as Attachment A, in which Operator agrees to indemnify, defend, and hold harmless the City. G6: Prior to issuance of a permit, Operator shall be required to obtain a performance bond to guarantee performance of all its obligations under the permit. The bond must be in a sum determined sufficient by the City. The bond must be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. G7: Prior to issuance of a permit, Operator shall be required to include release language in their applications whereby each user/customer affirmatively signs or checks a box within the application notating consent and release as provided in Attachment B. G8: Operator shall be responsible for its devices and shall be required to comply with its indemnification, insurance, and performance bond obligations and responsibilities under the permit for a period of two (2) years after expiration, revocation, or withdrawal of the permit, whichever is latest. E n g i n e e r i n g a n d C a p i t a l P r o j e c t s D e p a r t m e n t SHARED MOBILITY DEVICE (PILOT PROGRAM) PERMIT REQUIREMENTS Page 3 of 16 276 Fourt h Avenue Chula Vista California 91910 (619) 691.5021 Rev 2.06 G9: Operators shall obtain and maintain a performance bond of $80/device, with a cap of $10,000, naming the City as co-obligee. The form of the bond shall be approved by the City. These funds shall be accessible to the City for future public property repair and maintenance costs that may be incurred, removing, and storing devices improperly parked, or if a company is not present to remove devices if its permit is terminated. If a permitted operator increases the size of their fleet, the performance bond shall be adjusted appropriately before deploying additional devices. E n g i n e e r i n g a n d C a p i t a l P r o j e c t s D e p a r t m e n t SHARED MOBILITY DEVICE (PILOT PROGRAM) PERMIT REQUIREMENTS Page 4 of 16 276 Fourt h Avenue Chula Vista California 91910 (619) 691.5021 Rev 2.06 EQUIPMENT AND SAFETY After issuance of a permit under this Program, Operators can deploy bicycles, electric-assist bicycles (E- bikes), electric scooters, and other City-approved shared mobility devices (each a “device”; collectively, “devices”). Before an Operator deploys a new device, the City must review and provide written approval that the device complies with the Program’s goals as stated in the “Overview” section of the permit requirements. ES1: Operator shall require that each device meet the following minimum criteria:  Designed to withstand the demands of outdoor and shared use  Highly durable; theft and vandal resistant  Safe, comfortable and easy to use by a wide range of users, and in the case of devices with seats, include an adjustable seat  Durable and functional brakes  Warning bell  Security hardware  Front light that emits white light and a rear red reflector  Safety information clearly posted on each device and in the system software  Display customer service contact information  Display a clearly visible unique device identification number, visible a distance of at least 10 feet away  Maximum electric motor assist speed of 15mph  Non-combustion motor  Operator speed limiting controls of electric assist devices  Geo-fencing capabilities It is preferred that Operators provide the following for each device:  Use of proprietary parts to deter device and equipment theft and vandalism  Three-wheel scooter devices for stability-impaired users  “Lock to” feature on devices  Technology to provide alerts to Operators when devices have fallen over ES2: Operator shall require that all bicycle devices used in systems issued a permit under this Program shall meet the standards outlined in the Code of Federal Regulations (CFR) under Title 16, Chapter II, Subchapter C, Part 1512 – Requirements for Bicycles. Additionally, Operator shall require that all permitted device systems meet the safety standards outlined in ISO 43.150 – Cycles, subsection 4210. Operator shall require that all bicycles meet the California Vehicle Code (CVC) requirements for lights during hours of darkness, described in (CVC §21201). This includes a front light that emits white light and a rear red reflector. ES3: Operator shall require that all electric-assist bicycles used in systems with an issued permit under this Program meet the National Highway Traffic Safety Administrations (NHTSA) definition of low-speed electric bicycles; and shall be subject to the same requirements as ordinary bicycles. This means that electric-assist bicycles shall have the following without limitation: fully operable pedals, an electric E n g i n e e r i n g a n d C a p i t a l P r o j e c t s D e p a r t m e n t SHARED MOBILITY DEVICE (PILOT PROGRAM) PERMIT REQUIREMENTS Page 5 of 16 276 Fourt h Avenue Chula Vista California 91910 (619) 691.5021 Rev 2.06 motor of less than 750 watts, and a top motor-powered speed of less than 20 miles per hour when operated by a rider weighing 170 pounds. Electric-assisted bicycles shall cease to provide assistance when the bicycle reaches or exceeds 15 miles per hour. Additionally, the City reserves the right to terminate any permit issued under this Program if the battery or motor on an electric bicycle is determined by the City to be unsafe for public use. ES4: Operator shall require that all electric scooters used in systems issued a permit under this Program shall comply with all applicable laws and requirements listed in the California Vehicle Code (CVC) for motorized scooters on public roadways (CVC §21220-21235). These laws and requirements include, but are not limited to: a. Age requirements; b. Prohibition on sidewalk riding; and c. Driver’s License requirements. ES5: Operator shall require that all users/customers of electric scooters shall not do any of the following (CVC §21235): (a) Operate a motorized scooter unless it is equipped with a brake that will enable the operator to make a braked wheel skid on dry, level, clean pavement. (b) Operate a motorized scooter on a highway with a speed limit in excess of 25 miles per hour unless the motorized scooter is operated within a Class II or Class IV bikeway, except that a local authority may, by ordinance or resolution, authorize the operation of a motorized scooter outside of a Class II or Class IV bikeway on a highway with a speed limit of up to 35 miles per hour. The 15 mile per hour maximum speed limit for the operation of a motorized scooter specified in Section 22411 applies to the operation of a motorized scooter on all highways, including bikeways, regardless of a higher speed limit applicable to the highway. (Note: The City is contemplating an ordinance/resolution to allow operation on city streets with speed limits up to 35 miles per hour as allowed by this section of the CVC) (c) Operate a motorized scooter without wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212, if the operator is under 18 years of age. (d) Operate a motorized scooter without a valid driver’s license or instruction permit. (e) Operate a motorized scooter with any passengers in addition to the operator. (f) Operate a motorized scooter carrying any package, bundle, or article that prevents the operator from keeping at least one hand upon the handlebars. (g) Operate a motorized scooter upon a sidewalk, except as may be necessary to enter or leave adjacent property. (h) Operate a motorized scooter on the highway with the handlebars raised so that the operator must elevate his or her hands above the level of his or her shoulders in order to grasp the normal steering grip area. (i) Leave a motorized scooter lying on its side on any sidewalk, or park a motorized scooter on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic. (j) Attach the motorized scooter or himself or herself while on the roadway, by any means, to any other vehicle on the roadway. ES6: Operator shall require the capability of remotely controlled maximum speeds of devices using geofencing technology. The City retains the right to create geo-fenced locations within the City. E n g i n e e r i n g a n d C a p i t a l P r o j e c t s D e p a r t m e n t SHARED MOBILITY DEVICE (PILOT PROGRAM) PERMIT REQUIREMENTS Page 6 of 16 276 Fourt h Avenue Chula Vista California 91910 (619) 691.5021 Rev 2.06 ES7: Operator shall inform its users/customers that an electric scooter may be operated on a bicycle path, trail or bikeway, but not on a sidewalk. Operator shall inform its users/customers that on roadways without bicycle lanes, an electric scooter may operate where the speed limit is 25 miles per hour or less, and shall be ridden as close to the right hand curb as possible, except to pass or turn left. (Note: this limit may be raised to roadways with speed limits of 35 miles per hour or less by City ordinance/resolution in accordance with CVC 21235 during the permit period) ES8: Operator shall require that all electric scooters meet the requirements for lights during hours of darkness, described in (CVC §21223). This includes a front light that emits white light, a rear red reflector, and a white or yellow reflector on each side. ES9: Operator shall require that all electric scooters shall comply with one of the following (CVC §21227) 1. Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied. 2. Operate in a manner so that the motor is engaged through a switch or mechanism that, when released, will cause the electric motor to disengage or cease to function. ES10: Operator shall affix and maintain a unique identification number at a prominent location on each device it deploys. Operator shall not deploy a device in the City that has the same identification number as another device in the State of California. ES11: Operator shall require all devices be equipped with a Global Positioning Satellite (GPS) tracker or another tracking technology mounted on the device that is capable of recording and transmitting the device’s location on demand in decimal degrees to four decimal places. The tracking technology shall provide 30 second ping rates or less while operation. ES12: Devices may self-lock or lock to a fixed object. Operators shall require that no device or device security alert component may contact law enforcement without human verification. ES13: Operator shall require that all devices be equipped with technology that allows the operator to place the device in a maintenance mode and remotely suspend new rentals of the device when the operator has received a report or otherwise believes the device is unsafe to operate. ES14: Operator shall affix its trade name and required public contact information to each device it deploys. ES15: Operator shall not affix third-party advertising, sponsorships, or sponsored content to its devices. ES16: Operators shall provide a mechanism for users/customers to notify the company that there is a safety or maintenance issue with all devices. ES17: Operators shall require that all permitted devices have visible language that notifies the users/customers that: 1. Helmets shall be worn while using devices in accordance with the California Vehicle Code. E n g i n e e r i n g a n d C a p i t a l P r o j e c t s D e p a r t m e n t SHARED MOBILITY DEVICE (PILOT PROGRAM) PERMIT REQUIREMENTS Page 7 of 16 276 Fourt h Avenue Chula Vista California 91910 (619) 691.5021 Rev 2.06 2. Device users/customers shall yield to pedestrians. ES18: Operator agrees that the City is not responsible for educating users regarding helmet requirements and other laws; nor is the City responsible for educating users on how to ride or operate shared devices. Operator agrees to educate users regarding all laws applicable to riding and operating a device in the City, and County of San Diego and to instruct users to comply with applicable laws. ES19: Operator shall promptly disclose to the City’s Program Manager any patterns of vandalism, sabotage, or other intentional destruction of its devices that render the devices unsafe for use. Operator shall promptly notify the Program Manager of all communication it has with law enforcement or private investigators regarding intentional destruction of its devices. ES20: Operator shall not install a fixed object such as a station, dock, electric charging infrastructure, or paint/pavement markings in the City right-of-way unless the Operator has first obtained separate street use permits for installing and using the fixed object. Operator shall consult with and get approval from the City’s Program Manager regarding any proposed installation of a fixed object before applying for the separate permit. E n g i n e e r i n g a n d C a p i t a l P r o j e c t s D e p a r t m e n t SHARED MOBILITY DEVICE (PILOT PROGRAM) PERMIT REQUIREMENTS Page 8 of 16 276 Fourt h Avenue Chula Vista California 91910 (619) 691.5021 Rev 2.06 PARKING P1: Operator must adjust, park, relocate, or remove all improperly parked devices. P2: Operator shall inform users/customers how to park devices responsibly and in accordance with all permit requirements. P3: Operator shall require users/customers to park all devices in strict accordance with all permit requirements. P4: Operators shall require users/customers to park devices only on hard surfaces (i.e. asphalt, concrete, pavers, etc.) or at a bike rack/corral within the landscape/furniture zone of the sidewalk within the City right-of-way. P5: Restrictions to eligible device parking zones on sidewalks: 1. Devices shall not be parked at the corner curb radius area at roadway intersections (see figure to the right). 2. Devices shall not be parked on blocks where the landscape/furniture zone is less than 3 feet wide, or where there is no landscape/furniture zone. 3. On blocks without sidewalks, devices may only be parked where the travel lane(s) and 6-foot pedestrian clear zone are not impeded. 4. Devices shall not be parked in the landscape/furniture zone adjacent to or within: a. Parklets or streateries; b. Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and staging zones, except at existing bicycle racks or designated areas; c. Loading zones; d. Disabled parking zone; e. Street furniture that requires pedestrian access (for example - benches, parking pay stations, bus shelters, transit information signs, etc.); f. Curb ramps; g. Entryways; h. Driveways; i. Raised Medians and Median Transit Stations E n g i n e e r i n g a n d C a p i t a l P r o j e c t s D e p a r t m e n t SHARED MOBILITY DEVICE (PILOT PROGRAM) PERMIT REQUIREMENTS Page 9 of 16 276 Fourt h Avenue Chula Vista California 91910 (619) 691.5021 Rev 2.06 P6: During the life of this permit, the City reserves the right to determine certain block faces or other areas within the right-of-way where device parking is prohibited. P7: Devices that can be locked to a fixed object may be parked and locked to a City bike rack or corral or another object. Devices shall not be locked to: 1. Transit stop signs, benches or shelters; 2. Trees or vegetation; 3. Fire hydrants; 4. Ramp and staircase railings; 5. Utility infrastructure, including poles. P8: Operator shall demonstrate prior to permit issuance that it can employ geofencing technology to encourage, discourage, and prohibit trip ends and parking in geofenced areas. The City retains the right to create geo-fenced stations within certain areas where devices shall be parked. P9: Any device that is parked in one location for more than seven (7) consecutive days without moving is considered “idle” and may be removed by City crews and taken to a City facility for storage at the expense of the device share operator. City shall invoice the violating operator as stated below (Requirement O6). P10: Operator shall require its users/customers to place all devices upright when parked. E n g i n e e r i n g a n d C a p i t a l P r o j e c t s D e p a r t m e n t SHARED MOBILITY DEVICE (PILOT PROGRAM) PERMIT REQUIREMENTS Page 10 of 16 276 Fourt h Avenue Chula Vista California 91910 (619) 691.5021 Rev 2.06 Operations O1: Operators shall have a 24-hour customer service phone number for users/customers to report safety concerns, complaints, or ask questions. Operators shall provide contact information on every shared mobility device for relocation requests. O2: Operators shall provide the City with a direct contact for device share company staff that are capable of re-parking, removing, relocating, and rebalancing devices. Operators under the pilot permit program shall re-park, remove, relocate, and/or rebalance devices in violation of any parking requirements when notified by the City or the public as follows: • From 6am to 6pm on weekdays, not including holidays – within four (4) hours of receiving notice, • All other times – within twelve (12) hours of receiving notice. O3: Operator shall remove any inoperable device, or any device that is not safe to operate from the City right-of-way within twenty-four (24) hours of notice by any means to Operator by any individual or entity. Operator shall verify the repair any inoperable or unsafe device before returning the device to the active fleet. O4: It is preferred that Operators have systems in place that service areas do not exceed 200 devices per square mile. Greater densities will be considered by the City based upon usage data. O5: A device is considered to be “idle” if it has been parked in the same location in the City for more than seven (7) days without being rented or being visually inspected by Operator. If anyone notifies Operator that a device is idle, Operator shall inspect, repark, relocate or remove the device in accordance with the timelines listed in Requirement O2. O6: If the City incurs any costs addressing or abating any violations of these requirements or incurs any costs of repair or maintenance of public property, upon receiving written notice of the City costs, the Operator shall reimburse the City for such costs within thirty (30) days. Operator’s failure to timely reimburse City may result in revocation of Operator’s permit. O7: All applicants to the Program shall include the proposed initial fleet size and contemplated increases (quantity and timing) in their application. Operators shall notify the City if it plans to change its fleet size no less than two (2) weeks before deployment; and Operator shall include the additional program administrative fee for the expanded fleet (Requirement F3), and documentation of their updated performance bond (Requirement O3). O8: City reserves the right to revoke and terminate permits at any time. City reserves the right to require that the entire fleet of devices be removed from the City right-of-way. Operator shall complete such decommissioning within thirty (30) days of written notice by the City unless a different time period is provided. E n g i n e e r i n g a n d C a p i t a l P r o j e c t s D e p a r t m e n t SHARED MOBILITY DEVICE (PILOT PROGRAM) PERMIT REQUIREMENTS Page 11 of 16 276 Fourt h Avenue Chula Vista California 91910 (619) 691.5021 Rev 2.06 O9: Operators shall deploy a minimum of 50% of its fleet within the western portion of the City (West of I-805 freeway). Operators shall deploy a minimum of 25% of their fleet within the eastern portion of the City (East of I-805 freeway). O10: Operator’s minimum initial fleet deployment is 500 devices during the first month of the pilot. Operators can increase fleet size to 750 devices during the second month of the pilot and 1,000 devices during the third month of the pilot. After the third month, Operators may expand beyond 1,000 devices upon written approval from the City. The start date used to define the first, second, and third month will be the day after the initial launch date. O11: The City will limit the deployment to no more than 5,000 devices total from all Operators combined during the pilot period unless a higher limit is authorized by the City Engineer. O12: This permit is only valid for operations within the City street right-of-way. Additional operation zones may be established; for example, locations within parks, publicly-accessible plazas, on-street parking spaces, off-street parking lots/garages, or campuses. However, permission to do so shall require coordination with the appropriate department, agency, or property owner; and shall be communicated to the customer through signage approved by the respective entity and/or through the mobile and web application. O13: Operators shall establish at least one method in which users who may not have a smartphone, bank account or charge card can rent a device. E n g i n e e r i n g a n d C a p i t a l P r o j e c t s D e p a r t m e n t SHARED MOBILITY DEVICE (PILOT PROGRAM) PERMIT REQUIREMENTS Page 12 of 16 276 Fourt h Avenue Chula Vista California 91910 (619) 691.5021 Rev 2.06 Data Sharing Note: The required 30 second or less ping rate during a devices operation is intended to facilitate the collection of data identifying the street segments being traveled upon by the users/customers. The City encourages operators to break individual trip routes into individual city block street segments when reporting to further anonymize the data. Individual trip origin and destination data coupled with trip volumes on individual city block segments will assist the City in prioritizing future infrastructure improvements. DS1: In advance of permit issuance, each operator must have an application program interface (API) or other automated mechanism that allows their services to be integrated into third-party mobility applications so that users can see data about and procure services through third-party Mobility as a Service application. In the effort to reduce greenhouse gases and vehicle miles traveled and provide users seamless connections between mobility choices, Operator is encouraged to provide device availability information to other third-party mobility applications and transport providers. The intent is to support development of global (all-inclusive) mobility trip planning applications and tools. DS2: Data for all device types must be provided to the City, and contracted city partners, in the General Bikeshare Feed Specification (GBFS) and Mobility Data Specification (MDS) formats, each through an API. The City maintains links to the full specification of these required data formats on the City’s webpage. DS3: GBFS must be made available to the public through the operator’s website. The MDS feed must be available to contracted City partners for explicit purpose of program management. As such, these feeds must be consumable by third-party software. DS4: Operator agrees to the City using a contracted city partners (i.e. academia, private data analytics firm, etc.) for program management and evaluation. Operator agrees to share data required per this permit with the city partners. If Operators require License Agreements or other agreements, Operators will provide them at no cost to the City and city partners and the Agreements will not limit or supersede any requirements of this permit. DS5: Operator must maintain a dashboard for the City to use for program monitoring and compliance that displays MDS data. DS6: Data shall be available for the duration of the permit Program. DS7: Personally-identifiable information shall not be shared with the City or any other entity; operator shall ensure the privacy of its users/customers. DS8: Non-GBFS data consumed through API by City specified third-party software providers shall not be publicly available without prior consent of the operator. E n g i n e e r i n g a n d C a p i t a l P r o j e c t s D e p a r t m e n t SHARED MOBILITY DEVICE (PILOT PROGRAM) PERMIT REQUIREMENTS Page 13 of 16 276 Fourt h Avenue Chula Vista California 91910 (619) 691.5021 Rev 2.06 DS9: The City may, at its sole discretion, release subsequent versions and/or updated versions of the Specification and require operator to use the most current version by releasing an automatic update and/or disabling support of the previous version. DS10: Operator is directly responsible for obtaining an API key from the City to which they will publish the data described below. The data to be published to the City API will include the following information in real time for every device parked in the City operational area (minimum uploads every 30 seconds): 1. Point location 2. Device identification number 3. Type of Device 4. Charge level (if electric) 5. Additional Data Sharing Requirements: a) At time of application submission, Operators agree to provide the City either directly, or at the City’s discretion, through a City-approved third-party analytics provider, access to: i) Real-time vehicle status through APIs; ii) Trip data for their entire City fleet through APIs; iii) Archival vehicle maintenance data through APIs; iv) Archival incident data or real-time incident reporting through a City-approved third- party analytics provider. b) APIs should be RESTful, accessed via JSON Web Tokens (JWT), and return data in JSON format. c) APIs should provide only HTTPS endpoints. d) APIs must be provided prior to permit issuance. e) APIs must be provided according to the current version of the Mobility Data Specification (MDS). f) APIs must be updated at least every 30 seconds. g) Operators agree that City-approved third-party analytics provider will host vehicle location and trip data for the purposes of providing the City with analytics to support transportation policy and planning. h) Operators must agree to distribute and provide the City access to results of two User surveys, developed by a City-approved third-party and distributed by the Operators at the discretion of the City. DS11: Operators agrees to allow the City to publish real-time device availability data to the public. DS12: As part of the permit application process, Operator shall demonstrate compliance with the Mobility Data Specification. DS13: Notwithstanding the returned results of any of the Mobility Data APIs, it shall be the sole responsibility of Operator to comply with the City’s program requirements listed herein. E n g i n e e r i n g a n d C a p i t a l P r o j e c t s D e p a r t m e n t SHARED MOBILITY DEVICE (PILOT PROGRAM) PERMIT REQUIREMENTS Page 14 of 16 276 Fourt h Avenue Chula Vista California 91910 (619) 691.5021 Rev 2.06 DS14: Operator shall keep a record of maintenance activities, including but not limited to device identification number, maintenance performed and when any devices are removed from/returned to service. Operator shall send these records to the City monthly or as otherwise requested by the City. DS15: Operator shall keep a record of reported accidents/collisions and send these records to the City monthly or as otherwise requested by the City. DS16: If available, Operator shall provide an aggregated monthly report of the users/customers riding in or through the city by gender and age. Gender will be reported by male, female, and other. Age will be reported into these age groups: under 18, 18-24, 25-34, 35-44, 45-54, 55-64, 65 and over. DS17: If a public disclosure request is submitted that could result in the City sharing data required by this permit, the City will notify Operator prior to sharing data. E n g i n e e r i n g a n d C a p i t a l P r o j e c t s D e p a r t m e n t SHARED MOBILITY DEVICE (PILOT PROGRAM) PERMIT REQUIREMENTS Page 15 of 16 276 Fourt h Avenue Chula Vista California 91910 (619) 691.5021 Rev 2.06 Fees Note: The program administrative fees have been determined on a full cost recovery analysis assuming a minimum deployment by two operators. This provides for a minimum level of oversight by the Program Manager and contracting with a third-party data analytics provider. Fees are reduced for additional deployments beyond the minimum and will provide funding for additional analytics, outreach and potential infrastructure improvements. F1: Applicants shall pay $146 for an annual permit fee for the Shared Mobility Device program. F2: Applicants shall pay the City $210 for every hour of permit review and inspection needed. Estimated times for reviewing Shared Mobility Device program permits is eight hours; therefore, upon submitting an application, applicants shall pay $1,680 to the City. Any time not used shall be reimbursed to the applicant and any additional time shall be billed, upon permit closure. F3: Applicants shall pay a program administrative fee of $70/device for the initial minimum deployment of 500 devices. The fee will be reduced to $50/device for the next 500 devices and finally, $25/device for all remaining devices deployed by the operator. It is anticipated that users/customers will ride devices into, out of and through the City. All of the operator’s devices in the City, including those that may have been permitted and deployed in another jurisdiction, must be reported by the operator via the data specifications requirements of this permit. Daily maximum devices with in the city limits will be used to compare with the operators allowable permitted device deployment. F4: Any costs arising from the need for City crews to relocate or remove devices from any location where a device is prohibited under this permit (Requirement O7) shall equal the City crews’ hourly rate plus fifteen percent. F5: Applicants shall obtain a valid Chula Vista Business license prior to permit issuance. E n g i n e e r i n g a n d C a p i t a l P r o j e c t s D e p a r t m e n t SHARED MOBILITY DEVICE (PILOT PROGRAM) PERMIT REQUIREMENTS Page 16 of 16 276 Fourt h Avenue Chula Vista California 91910 (619) 691.5021 Rev 2.06 Application Any company interested in applying for a permit shall submit an application to the City. The application must include these items: 1. Table listing all the policies above and the applicant’s response; 2. Completed Annual Permit – use “Other” for Permit Type; 3. Insurance documentation (Requirement ES1); 4. Images and description of shared mobility devices and mobile application; 5. Size of fleet at launch, including any planned fleet expansions during the pilot period; 6. Service area at launch, including any planned expansions during the pilot period; 7. Plan for educating users on proper device parking; 8. Plan for encouraging compliance with helmet laws within the County of San Diego; 9. Plan for providing an equitable device share service; and, 10. $1,680 deposit to the City (Requirement F2). If the application meets all the requirements, applicant will need to submit the items below prior to issuance of the permit. 1. Bond (Requirement O3); 2. 5 account logins for City oversight; 3. $146 annual permit fee, check made payable to City of Chula Vista; 4. Proof of valid Chula Vista Business License; 5. Program administrative fee (Requirement F3) to the City of Chula Vista. Applications can be sent to: City of Chula Vista ATTN: Engineering Department 276 Fourth Avenue Chula Vista, CA 91910 Attachment A – Indemnity and Insurance Agreement Attachment B - Release J:\Engineer\ADVPLAN\Bicycle\Bike Share\CCV Shared Mobility\CCV Shared Mobility Permit Req (v2.05 to 2.06).doc RESOLUTION NO. SC-2018-___ RESOLUTION OF THE SAFETY COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THE APPROVAL OF THE SHARED MOBILITY DEVICE PERMIT REQUIREMENTS BY CITY COUNCIL WHEREAS, Bicycle and Electric Scooter Sharing companies are becoming co mmon and in operation within many major cities throughout the nation and in several countries worldwide. The device sharing industry offers a low cost and convenient alternative to using personally owned motor vehicles to reach destinations near and far. When combined with the mass transit system, trips outside the City are more viable and convenient; and, WHEREAS, City staff is proposing permit requirements that are designed to encourage the safe use of the various shared mobility devices, educate the users of parking etiquette, control fleet deployment, and create a permit fee structure that does not fiscally impact City operations; and, WHEREAS, as the device sharing industry grows and evolves, developing the right regulatory structure will continue to be an iterative process. The City reserves the right to modify or supplement the permit requirements as needed to address unanticipated impacts. The goal of Chula Vista’s Shared Mobility Device Program is to: 1. Support an active, healthy lifestyle; 2. Ensure affordable and equitable service; 3. Fill mobility gaps and improve connects to transit; 4. Provide a low-carbon mobility option to reduce carbon emissions; 5. Manage public space to ensure sidewalks are organized and free from obstruction; 6. Derive insights into the use of the bike share system, compliance issues, and targeted bike infrastructure investments with robust data partnerships; and, WHEREAS, over the last year, City staff performed research on various shared mobility device programs across the nation for the development of the City’s Shared Mobility Device Permit Requirements. These permit requirements were based mainly on active and successful programs developed by other public agencies, such as Seattle, Los Angeles and Santa Monica. The City’s Permit Requirements were divided into several sections such as Equipment and Safety, Paring, Operations, Data Sharing, and Fees and Application; and, WHEREAS, throughout the development of the City’s proposed program, st aff learned that permit requirements vary from agency to agency and the permit requirements updated to adapt to trends or issues specific to each region. Due to the constantly evolving device sharing industry, it is necessary that these permit requirements be considered iterative and require updates on occasion; and, WHEREAS, the plan has been completed and is being presented to the Safety Commission for discussion prior to presentation and adoption by the Chula Vista City Council. Resolution No. { } Page 2 NOW, THEREFORE, BE IT RESOLVED that the Safety Commission of the City of Chula Vista does hereby recommend approval of the Shared Mobility Device Permit Requirements by City Council. PASSED, APPROVED, and ADOPTED by the Safety Commission of the City of Chula Vista, California, this ____ day of 2018, by the following vote: AYES: Commissioners: NAYS: Commissioners: None ABSENT: Commissioners: None Chair ATTEST: Florence Picardal, Secretary 11/30/2018 1 November 30, 2018 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 11/30/2018 2 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 11/30/2018 3 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 11/30/2018 4 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 Safety Commission Bi k e w a y s & P e d e s t r i a n F a c i l i t i e s C I P P r o j e c t U p d a t e 1 1 -20 1 8 * Combined hazardous & non-hazardous violations (not counting parking citations) 1102 1486 1310 1312 1608 1281 1283 1608 1861 1360 1395 1280 1760 2456 1922 1892 1106 1032 1598 1547 1234 1128 1604 1164 1069 960 70 1354 828 892 867 1340 1249 579 1062 698 1190 1138 1337 1651 1290 985 975 920 687 806 1105 806 0 500 1000 1500 2000 2500 3000 1 2 3 4 5 6 7 8 9 10 11 12 Nu m b e r o f C i t a t i o n s Month Traffic Citations* 2014 2015 2016 2017 2018 80 100 120 140 160 180 200 220 240 1 2 3 4 5 6 7 8 9 10 11 12 Nu m b e r o f A c c i d e n t s Month Traffic Accidents 2014 2015 2016 2017 2018 12/3/2018Tr Summary Graphs 110718.xlsx