Agenda Item TBD DISCUSSION/ACTION ITEM Meeting Date: December 4, 2018

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Agenda Item TBD CPMS DISCUSSION/ACTION ITEM Meeting Date: December 4, 2018 TO: FROM: CONTACT: SUBJECT: Mayor and Councilmembers Peter Imhof, Director, Planning & Environmental Review Cindy Moore, Sustainability Coordinator Urgency Ordinance Prohibiting Shared On-Demand Motorized Scooter Operations RECOMMENDATION: A. Adopt on a four-fifths vote, Ordinance No. 18- entitled An Ordinance of the City of Goleta, California, Amending Title 10 (Vehicles and Traffic) of the Goleta Municipal Code to Prohibit Shared On-Demand Motorized Scooters from Being: Offered for Use Anywhere in the City; Placed in any Public Right-of-Way or Public Property, or Operated on any Public Property or Right-of-Way in the City and Declaring the Urgency Thereof (Attachment 1); and B. Introduce on a simple majority vote and conduct the first reading by title only, waiving further reading of Ordinance No. 18- entitled An Ordinance of the City of Goleta, California, Amending Title 10 (Vehicles and Traffic) of the Goleta Municipal Code to Prohibit Shared On-Demand Motorized Scooters from Being: Offered for Use Anywhere in the City; Placed in any Public Right-of-Way or Public Property, or Operated on any Public Property or Right-of-Way in the City. (Attachment 2) C. Determine the ordinances are not subject to the California Environmental Quality Act ( CEQA ) pursuant to Section 15060(c)(2) of the CEQA Guidelines (Title 14 California Code of Regulations) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15060(c)(3), because the activity is not a project as defined in Section 15378 of the CEQA Guidelines as it has no potential for resulting in physical change to the environment, directly or indirectly (Attachment 3). D. Adopt Resolution No. 18-, entitled A Resolution of the City Council of the City of Goleta, California, Adopting Impound Fees. (Attachment 4) 1

Meeting Date: December 4, 2018 BACKGROUND: At the October 16, 2018 City Council meeting, Mayor Pro Tempore Kasdin requested and received concurrence from the Council during the Council Comments portion of the meeting to explore and evaluate the topic of electric scooters that were starting to be seen in Goleta. Subsequently, Mayor Perotte, with concurrence from Mayor Pro Tempore Kasdin, requested staff to bring forward for consideration by the full Council an urgency ordinance establishing a ban on electric scooters as a first step until such time Council directs that a thorough analysis of the benefits and challenges of the devices be conducted and the appropriate approach to implementation be analyzed. DISCUSSION: Mobility technology has rapidly evolved in the past few years and cities throughout the country are seeing the introduction and implementation of shared use mobility systems, including motorized/powered scooter share programs. Generally, the motorized scooters are small, lightweight electric scooters that can be rented by the public via smartphone applications wherever a scooter is located, then parked when the destination is reached, eliminating the need for fixed locations such as a docking station. This technological development has dramatically increased the flexibility and attractiveness of such services, but simultaneously has created significant challenges. Shared use scooters from at least two commercial vendors are being seen throughout the City. While scooters can offer an additional and convenient means of alternative transportation, the City has received multiple complaints from residents and business owners. The devices can present safety hazards operationally for riders, and when they are left in the public right-of-way haphazardly, obstructing pedestrian travel and American with Disabilities Act (ADA) travel and access points, such as wheelchair ramps, as well as cause visual clutter. Actions by Adjacent Jurisdictions The City s neighboring jurisdictions have taken various approaches to address the issue as summarized below for reference. UCSB On September 7, 2018, UCSB issued an Interim Powered Scooters Policy. The policy prohibits powered scooter-share operators from commencing a program on campus; allows for impounding of the devices; prohibits the use of powered scooters on campus bike paths or sidewalks/walkways or parking them in bike racks or any area that obstructs pedestrian paths of travel; prohibits charging of the devices in or near University buildings; and allows for citation by the Campus Police Department. The policy states that powered scooters may be ridden only in bike lanes on city streets and that users must obey all Page 2 of 5 2

Meeting Date: December 4, 2018 traffic laws. The Policy was enacted while a long-term policy and/or program that best suits the needs of all stakeholders and constituents is developed and implemented. City of Santa Barbara In June 2018, the City of Santa Barbara adopted an ordinance to govern shared mobility services, as well as a resolution adopting permit and impound fees, following Lime s unauthorized scooter share launch in the City of Santa Barbara in May 2018. The ordinance predominantly addresses scooters, but also includes language regarding stationless shared bicycles. The ordinance prohibits the operation of a shared power scooter or stationless shared bicycle program in the City without a permit. The resolution allows for any unpermitted scooters or bicycles to be impounded and for administrative penalties and impound fees to be levied on vendors operating without a permit. Concurrently, the Santa Barbara City Council directed staff to develop a one-year pilot program for permitting and regulating powered scooter share programs and to issue a request for proposals in the form of permit applications to operate fleets of no more than 300 total commercial scooters during the pilot. A permit would be required from the City s Public Works Department before commencing any operations. A report regarding a potential pilot program is anticipated to be brought back to Council in the next few months for further action. County of Santa Barbara Scooters have been deployed by multiple vendors in the Isla Vista area. On Tuesday, November 6 th, County staff recommended Board of Supervisors approval of several amendments to existing County code related to bicycles, scooters, and outdoor dining. The ordinance changes primarily address business operations encroaching on sidewalks or in the County right-of-way. The amendments provide for permitting and regulation of vendors, vehicles, and shared mobility device operations via the encroachment permit process of the Public Works Department, and collection of fees for their use of County right-of-way in order to administer the program and address impacts. This approach is intended to cover operations such as outdoor dining, car share programs, and shared mobility devices that include bicycles and scooters. The Board approved the amendments with minor changes. The next step will be for County staff to return to the Board with a resolution to establish fees for encroachment permit applications, a per-square-foot fee for exclusive use of the right-of-way, monthly pervehicle fleet fees and impound fees. Staff will also return with proposed permit conditions addressing such items as insurance, fleet size, data sharing, and permit renewal. Urgency Ordinance As directed, the proposed urgency ordinance prohibits shared on-demand motorized scooters from being offered for use anywhere in the City or placed or operated in any public right-of-way or public property in the City, until such time Council directs that an appropriate new ordinance be developed. The ordinance will also allow for the removal and impounding Page 3 of 5 3

Meeting Date: December 4, 2018 of motorized scooters, including fees (Attachment 4), and for the imposition of administrative penalties to address violations. In order to address the ongoing public safety concerns created by shared on-demand motorized scooters, the urgency ordinance would suspend such operations so that the City, upon Council direction, may adequately determine the most effective way to evaluate and implement such shared scooter services, if desired, in the City of Goleta. A four-fifths vote of the City Council is required to enact an urgency ordinance. As an urgency ordinance, it will become effective immediately (Government Code Section 36937). An identical ordinance following the usual procedures of a non-urgency ordinance is also included and requires a simple majority vote. The second reading of the non-urgency ordinance could occur at the next regular meeting on December 18, 2018 and the ordinance would become effective on the 31 st day following adoption, which would be January 18, 2018. This action is recommended in case a challenge is brought to the urgency clause. FISCAL IMPACTS: There is no immediate fiscal impact associated with this item. Potential impound fees may be collected as part of enforcement efforts to cover enforcement costs. ALTERNATIVES: The City Council could decline to approve an urgency ordinance or non-urgency ordinance and instead direct staff to study and then present a permanent regulatory structure permitting shared on-demand motorized scooters to Council for consideration, without enacting either of the ordinances. Reviewed By: Legal Review By: Approved By: Carmen Nichols Michael Jenkins Michelle Greene Deputy City Manager City Attorney City Manager ATTACHMENTS: 1. Ordinance No. 18- An Urgency Ordinance of the City Council of the City of Goleta, California, Amending Title 10 (Vehicles and Traffic) of the Goleta Municipal Code to Prohibit Shared On-Demand Motorized Scooters from Being: Offered for Use Anywhere in the City; Placed in any Public Right-of-Way or Public Property, or Operated on any Public Property or Right-of-Way in the City Page 4 of 5 4

Meeting Date: December 4, 2018 2. Ordinance No. 18- entitled An Ordinance of the City Council of the City of Goleta, California, Amending Title 10 (Vehicles and Traffic) of the Goleta Municipal Code to Prohibit Shared On-Demand Motorized Scooters from Being: Offered for Use Anywhere in the City; Placed in any Public Right-of-Way or Public Property, or Operated on any Public Property or Right-of-Way in the City. 3. CEQA Notice of Exemption 4. Resolution No. 18- A Resolution of the City Council of the City of Goleta, California, Adopting Impound Fees. Page 5 of 5 5

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ATTACHMENT 1 Ordinance No. 18- U An Ordinance of the City of Goleta, California, Amending Title 10 (Vehicles and Traffic) of the Goleta Municipal Code to Prohibit Shared On- Demand Motorized Scooters from Being: Offered for Use Anywhere in the City; Placed in any Public Right-of-Way or Public Property, or Operated on any Public Property or Right-of-Way in the City and Declaring the Urgency Thereof 7

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ORDINANCE NO. 18- AN ORDINANCE OF THE CITY OF GOLETA, CALIFORNIA, AMENDING TITLE 10 (VEHICLES AND TRAFFIC) OF THE GOLETA MUNICIPAL CODE TO PROHIBIT SHARED ON-DEMAND MOTORIZED SCOOTERS FROM BEING: OFFERED FOR USE ANYWHERE IN THE CITY; PLACED IN ANY PUBLIC RIGHT-OF- WAY OR PUBLIC PROPERTY, OR OPERATED ON ANY PUBLIC PROPERTY OR RIGHT-OF-WAY IN THE CITY AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF GOLETA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Urgency Findings The City Council hereby finds, determines and declares pursuant to California Government Code Section 36937 (b) that this urgency ordinance is necessary to address a current and immediate threat to the public health, safety and welfare of the City and its residents based on the following declaration of facts: A. Recent transportation and technology innovations and community interest in new mobility options have created a new market for both privately-owned and on-demand dockless electric scooters (referred to herein as shared ondemand motorized scooters). While this equipment offers a new lowemission transportation option, the use of this technology results in shared equipment being placed or left virtually anywhere in the public right-of-way, and both shared and privately-owned equipment being operated by users in a manner that is considered unsafe to the operator or other users of public spaces. B. The sudden proliferation of these privately-owned and shared on-demand motorized scooters that operate in the public right-of-way has created nuisance and safety concerns that are not adequately covered by existing definitions and regulations in the California Vehicle Code or the Goleta Municipal Code. On-demand motorized scooters left on City sidewalks when users are done with them creates a tripping hazard, makes the sidewalks inaccessible to the disabled and creates a cluttered environment. On-demand motorized scooters are being operated on sidewalks, creating hazards for pedestrians and most operators using them on streets are without helmets. C. Based on the operation of shared on-demand motorized scooters in other cities and in Goleta and an understanding of the current technology of active Ordinance No.18- Prohibition of Shared On-Demand Motorized Scooters 9

operators, adequate mechanisms are not yet in place to prevent such nuisance conditions and ensure safe operation. Therefore, it is necessary, for the immediate preservation of the public peace, health and safety, that the City prohibit the operations of shared on-demand motorized scooters that operate in the public right-of-way or on public property until such time, if ever, when regulations are adopted and permits are issued to address nuisance conditions and safety concerns associated with the scooter equipment and operations. SECTION 2. A new Chapter 10.05 is added to Title 10 of the Goleta Municipal Code to read as follows: Chapter 10.05 Shared On-Demand Motorized Scooters 10.05.010 Purpose. The purpose of this chapter is to prohibit Shared On-Demand Motorized Scooters from being placed in the public right-of-way or on public property, operated in the public right-of-way, or offered for use anywhere in the City to ensure that the use of the public right-of-way at all times promotes the public health, safety and welfare and allows for safe and unhindered pedestrian circulation.. 10.05.020 Definitions. a) Scooter means a two- or three-wheeled device that has handlebars, a floorboard designed to be stood upon when riding. b) Motorized scooter means a Scooter that is powered by a motor. c) Shared On-Demand Motorized Scooter means any wheeled scooter device that has handlebars, and is designed to be either powered by an electric motor or other power source, or to be powered by human propulsion, that is accessed via an on-demand portal, whether through a smart-phone, access code, I.D. card, or similar method, and is operated by a private entity that owns, manages, maintains and insures the devices for shared use by members, which are available to members in unstaffed, self-service locations. d) Shared On-Demand Motorized Scooter Operator or Operator shall mean an individual or a public, private, or non-profit entity that owns or manages On-Demand Motorized Scooters. 10.05.030 General Requirements It is unlawful to provide, place, offer for use or operate a Shared On- Demand Motorized Scooter, or to operate as a Shared On-Demand Motorized Scooter Operator in any street or public right of way, or other public place within the city in which the public has the right of travel. Ordinance No.18- Prohibition of Shared On-Demand Motorized Scooters 10

a) Any Enforcement Officer, as that term is defined in GMC Section 1.02.030, is hereby authorized by the City to enforce this chapter and is hereby authorized to impound the Shared On-Demand Motorized Scooters of any person or Shared On-Demand Motorized Scooter Operator violating the provisions of this chapter. The impound shall be subject to an impound fee established by City Council resolution. b) The City Manager may promulgate regulations for the notification to the Operator and return of the devices to the Operator and as may otherwise be necessary to implement the purpose of this chapter. 10.05.040 Violations. A violation of this chapter is subject to the administrative penalty provisions of Chapter 1.02 of this Code. Where the violation is of a continuing nature, each day or portion thereof wherein the violation continues constitutes a separate and distinct violation. SECTION 3. CEQA. This ordinance is not subject to the California Environmental Quality Act ( CEQA ) pursuant to Section 15060(c)(2) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) because the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment, and Section 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 4. Severability. This ordinance is adopted under the authority of City Council of the City of Goleta and State law. If any section, subsection, clause or phrase is declared invalid or otherwise void by a court of competent jurisdiction, it shall not affect any remaining provision hereof. In this regard City Council finds and declares that it would have adopted this measure notwithstanding any partial invalidity hereof. SECTION 5. Certification of City Clerk. This Urgency Ordinance is adopted by a four-fifths majority vote of the City Council. The City Clerk shall certify to the adoption of this ordinance and, within 15 days after its adoption, shall cause it to be published in accord with California Law. Ordinance No.18- Prohibition of Shared On-Demand Motorized Scooters 11

SECTION 6. Effective Date. This ordinance shall take effect immediately upon its passage. INTRODUCED, PASSED, APPROVED, AND ADOPTED this day of 2018. PAULA PEROTTE, MAYOR ATTEST: APPROVED AS TO FORM: DEBORAH S. LOPEZ CITY CLERK MICHAEL JENKINS CITY ATTORNEY Ordinance No.18- Prohibition of Shared On-Demand Motorized Scooters 12

STATE OF CALIFORNIA ) COUNTY OF SANTA BARBARA ) ss. CITY OF GOLETA ) I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, do hereby certify that the foregoing Ordinance No. 18- was introduced on, and adopted at a regular meeting of the City Council of the City of Goleta, California, held on the, by the following roll-call vote, to wit: AYES: NOES: ABSENT: ABSTENTIONS: (SEAL) DEBORAH S. LOPEZ CITY CLERK Ordinance No.18- Prohibition of Shared On-Demand Motorized Scooters 13

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ATTACHMENT 2 Ordinance No. 18- entitled An Ordinance of the City of Goleta, California, Amending Title 10 (Vehicles and Traffic) of the Goleta Municipal Code to Prohibit Shared On-Demand Motorized Scooters from Being: Offered for Use Anywhere in the City; Placed in any Public Right-of-Way or Public Property, or Operated on any Public Property or Right-of-Way in the City 15

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ORDINANCE NO. 18- AN ORDINANCE OF THE CITY OF GOLETA, CALIFORNIA, AMENDING TITLE 10 (VEHICLES AND TRAFFIC) OF THE GOLETA MUNICIPAL CODE TO PROHIBIT SHARED ON-DEMAND MOTORIZED SCOOTERS FROM BEING: OFFERED FOR USE ANYWHERE IN THE CITY; PLACED IN ANY PUBLIC RIGHT-OF-WAY OR PUBLIC PROPERTY, OR OPERATED ON ANY PUBLIC PROPERTY OR RIGHT-OF-WAY IN THE CITY THE CITY COUNCIL OF THE CITY OF GOLETA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 10.05 is added to Title 10 of the Goleta Municipal Code to read as follows: Chapter 10.05 Shared On-Demand Motorized Scooters 10.05.010 Purpose. The purpose of this chapter is to prohibit Shared On-Demand Motorized Scooters from being placed in the public right-of-way or on public property, operated in the public right-of-way, or offered for use anywhere in the City to ensure that the use of the public right-of-way at all times promotes the public health, safety and welfare and allows for safe and unhindered pedestrian circulation. 10.05.020 Definitions. a) Scooter means a two- or three-wheeled device that has handlebars, a floorboard designed to be stood upon when riding. b) Motorized scooter means a Scooter that is powered by a motor. c) Shared On-Demand Motorized Scooter shall mean any wheeled scooter device that has handlebars, and is designed to be either powered by an electric motor or other power source, or to be powered by human propulsion, that is accessed via an on-demand portal, whether through a smart-phone, access code, I.D. card, or similar method, and is operated by a private entity that owns, manages, maintains and insures the devices for shared use by members, which are available to members in unstaffed, self-service locations. Ordinance No.18- Prohibition of Shared On-Demand Motorized Scooters 17

d) Shared On-Demand Motorized Scooter Operator or Operator shall mean an individual or a public, private, or non-profit entity that owns or manages On-Demand Motorized Scooters. 10.05.030 General Requirements It is unlawful to provide, place, offer for use or operate a Shared On- Demand Motorized Scooter, or to operate as a Shared On-Demand Motorized Scooter Operator in any street or public right of way, or other public place within the city in which the public has the right of travel. a) Any Enforcement Officer, as that term is defined in GMC Section 1.02.030, is hereby authorized by the City to enforce this chapter and is hereby authorized to impound the Shared On-Demand Motorized Scooters of any person or Shared On-Demand Motorized Scooter Operator violating the provisions of this chapter. The impound shall be subject to an impound fee established by City Council resolution. b) The City Manager may promulgate regulations for the notification to the Operator and return of the devices to the Operator and as may otherwise be necessary to implement the purpose of this chapter. 10.05.040 Violations. A violation of this chapter is subject to the administrative penalty provisions of Chapter 1.02 of this Code. Where the violation is of a continuing nature, each day or portion thereof wherein the violation continues constitutes a separate and distinct violation. SECTION 2. CEQA. This ordinance is not subject to the California Environmental Quality Act ( CEQA ) pursuant to Section 15060(c)(2) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) because the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment, and Section 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 3. Severability. This ordinance is adopted under the authority of City Council of the City of Goleta and State law. If any section, subsection, clause or phrase is declared invalid or otherwise void by a court of competent jurisdiction, it shall not affect any remaining provision hereof. In this regard City Council finds and declares that it would have adopted this measure notwithstanding any partial invalidity hereof. SECTION 4. Certification of City Clerk. The City Clerk shall certify to the adoption of this ordinance and, within 15 days after its adoption, shall cause it to be published in accord with California Law. Ordinance No.18- Prohibition of Shared On-Demand Motorized Scooters 18

SECTION 5. Effective Date. This ordinance shall take effect on the 31 st day following adoption by the City Council. INTRODUCED ON the day of, 2018. PASSED, APPROVED, AND ADOPTED this day of 2018. PAULA PEROTTE, MAYOR ATTEST: APPROVED AS TO FORM: DEBORAH S. LOPEZ CITY CLERK MICHAEL JENKINS CITY ATTORNEY Ordinance No.18- Prohibition of Shared On-Demand Motorized Scooters 19

STATE OF CALIFORNIA ) COUNTY OF SANTA BARBARA ) ss. CITY OF GOLETA ) I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, do hereby certify that the foregoing Ordinance No. 18- was introduced on, and adopted at a regular meeting of the City Council of the City of Goleta, California, held on the, by the following roll-call vote, to wit: AYES: NOES: ABSENT: ABSTENTIONS: (SEAL) DEBORAH S. LOPEZ CITY CLERK Ordinance No.18- Prohibition of Shared On-Demand Motorized Scooters 20

ATTACHMENT 3 CEQA Notice of Exemption 21

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NOTICE OF EXEMPTION (NOE) To: Office of Planning and Research From: City of Goleta P.O. Box 3044, 1400 Tenth St. Rm. 212 130 Cremona Drive, Suite B Sacramento, CA 95812-3044 Goleta, CA 93117 Clerk of the Board of Supervisors County of Santa Barbara 105 E. Anapamu Street, Room 407 Santa Barbara, CA 93101 Subject: Filing of Notice of Exemption Project Title: Ordinance and Urgency Ordinance Prohibiting Shared On-Demand Motorized Scooters Project Applicant: City of Goleta Project Location (Address and APN): Citywide Description of Nature, Purpose and Beneficiaries of Project: Recent transportation and technology innovations and community interest in new mobility options have created a new market for shared on-demand dockless electric scooters. While this equipment offers a new, low-emission transportation option, the use of this technology may result in shared equipment being placed or left virtually anywhere in the public right-of-way, and shared equipment being operated by users in a manner that is considered unsafe to the operator or other users of public spaces. The sudden proliferation of these shared on-demand motorized scooters that operate in the public right-of-way has created potential nuisance and safety concerns that are not adequately covered by existing definitions and regulations in the California Vehicle Code or the Goleta Municipal Code. Adequate mechanisms are not yet in place to prevent such nuisance conditions and ensure safe operation. Therefore, the City of Goleta has initiated amendments to the Municipal Code to prohibit placement, offering for use and operation of shared on-demand motorized scooters in the public right-of-way or on public property until such time when regulations are adopted and permits are issued to address potential nuisance conditions and safety concerns associated with the scooter equipment. Name of Public Agency Approving the Project: City of Goleta Name of Person or Agency Carrying Out the Project: City of Goleta Exempt Status: (check one) Ministerial (Sec. 15268) Declared Emergency (Sec. 15269 (a)) Emergency Project (Sec. 15269 (b) (c)) Categorical Exemption: (Insert Type(s) and Section Number(s)) Other: (Sec 15060(c)(2); 15060(c)(3)) Reason(s) why the project is exempt: 1 23

NOTICE OF EXEMPTION (NOE) The subject ordinances are not subject to the California Environmental Quality Act ( CEQA ) pursuant to Section 15060(c)(2) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) because the activity will not result in a direct or reasonably foreseeable, indirect physical change in the environment, and Section 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines as it has no potential for resulting in physical change to the environment, directly or indirectly. City of Goleta Contact Person and Telephone Number: Peter Imhof Director, Planning & Environmental Review Date 2 24

NOTICE OF EXEMPTION (NOE) If filed by the applicant: 1. Attach certified document of exemption finding 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Date received for filing at OPR: Note: Authority cited: Section 21083 and 211110, Public Resources Code Reference: Sections 21108, 21152.1, Public Resources Code 3 25

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ATTACHMENT 4 Resolution No. 18- A Resolution of the City Council of the City of Goleta, California, Adopting Impound Fees 27

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RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GOLETA, CALIFORNIA, ADOPTING IMPOUND FEES WHEREAS cities around the state and country have recently seen the introduction and implementation of motorized scooter share programs in their respective jurisdictions; and WHEREAS the rapid implementation and use of shared, on-demand motorized scooters in the City give rise to significant safety concerns due to customers illegally riding them on the sidewalks or leaving the scooters in the public right of way, impeding pedestrian and vehicle traffic flow; and WHEREAS California Vehicle Code section 21225 allows cities to regulate the parking and regulation of motorized scooters; and WHEREAS the City Council has enacted an ordinance banning the operation of motorized scooters in the City; and WHEREAS the City Council finds it necessary to establish a fee to recover the cost associated with impounding and storing motorized scooters that are left on City rights-of-way; and WHEREAS the City Council finds that theimpound/storage fee established below does not exceed the cost to the City of impounding and storing motorized scooters until retrieved by their owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLETA THAT THE CITY ESTABLISHES THE FOLLOWING FEES WHICH SHALL BE EFFECTIVE UPON ADOPTION: 29

SHARED ON-DEMAND MOTORIZED SCOOTER FEES As authorized by Goleta Municipal Code Section 10.05.030(a), the fee for impound and storage of shared on-demand motorized scooters left on City rightof-way is as follows: Municipal Code Description Amount 10.05.030 Impound/Storage Fee $100/Scooter PASSED, APPROVED AND ADOPTED this day of 2018. PAULA PEROTTE, MAYOR ATTEST: APPROVED AS TO FORM: DEBORAH S. LOPEZ MICHAEL JENKINS CITY CLERK INTERIM CITY ATTORNEY @BCL@100E41DA 30

STATE OF CALIFORNIA ) COUNTY OF SANTA BARBARA ) CITY OF GOLETA ) ss. I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, DO HEREBY CERTIFY that the foregoing Resolution No. 18- was duly adopted by the City Council of the City of Goleta at a regular meeting held on the day of, 2018 by the following vote of the Council: AYES: NOES: ABSENT: (SEAL) DEBORAH S. LOPEZ CITY CLERK @BCL@100E41DA 31