San Diego Active Transportation and Infrastructure Committee Meeting - February 20, 2019

The committee met on February 20, 2019, to discuss several items, including a recertification of the sewer system management plan, the Peninsula Impact Fee Study, an amendment to the Harbor Drive Trunk Sewer participation agreement, proposed regulations for shared dockless mobility devices, and a biannual state of construction report. The meeting featured extensive public testimony on the scooter regulations, with many residents expressing safety concerns.

Consent Calendar

• Item 1: Recertification of the City of San Diego's Sewer System Management Plan – Approved unanimously and forwarded to the full City Council.

Public Comments & Testimony

• Retired Lieutenant Colonel David Gapp spoke in support of Vision Zero but urged stronger traffic enforcement, particularly against scooter riders violating traffic laws. He noted that 2018 saw a doubling of Vision Zero deaths and accidents from 2017.
• Organized support for scooter regulations: Representatives from Bird, Lime, Lyft, and Razor expressed general support for the mayor's proposed regulations, highlighting the benefits of reduced car trips and carbon emissions. Bird reported over 500,000 riders and thousands of pounds of carbon emissions prevented. Lime reported 2.8 million trips and 3 million miles ridden. Several individual riders and employees also spoke in favor, citing improved mobility and job opportunities.
• Organized opposition: Speakers from Safe Walkways, Mission Beach Town Council, downtown residents, and disability advocates argued the regulations do not go far enough. Key concerns included:
  • Safety: Pedestrians and people with disabilities face risks from scooters on sidewalks. One speaker noted that a 90-year-old woman in Spain was killed by a scooter. A 24-pound cannonball traveling at 60 mph analogy was used to illustrate impact force at 8 mph.
  • Enforcement: Existing laws against sidewalk riding and underage use are not enforced. Only 3,000 scooter-related citations were issued in 2018, and enforcement is grant-funded and limited.
  • Parking: Scooters block sidewalks and ADA access. A class action lawsuit against the city was mentioned.
  • Environmental impact: Scooters require gas-powered vehicles for charging and deployment, countering carbon reduction claims.
  • Insurance and accountability: Victims of hit-and-runs have no recourse; companies hold rider data but do not share it.
• Multiple personal injury stories were shared, including a woman who was run over, a blind resident who had close calls, and an elderly man who lost independence.

Discussion Items

• Item 2: Fiscal Year 2019 Peninsula Impact Fee Study – Staff presented a proposed increase in impact fees (residential from $3,687 to $4,063 per unit; non-residential from $178 to $215 per average daily trip). The Peninsula Community Planning Board voted unanimously to recommend approval. Councilmember Moreno asked for data on housing units built and affordable housing since 2001, and staff agreed to provide it before the council hearing. The item was forwarded unanimously.
• Item 3: First Amendment to Participation Agreement with Lennar Communities for Harbor Drive Trunk Sewer Upsizing – The original agreement had Lennar design and build, but bids came in $12 million over budget. The city will now manage it as a CIP project, with Lennar paying $2.1 million as a fixed share. Councilmember Moreno questioned the fixed amount, noting that if bids rise, the city covers overruns. The item was forwarded unanimously.
• Item 4: Proposed Regulations of Shared Dockless Mobility Devices – Greg Block from the Mayor's Office presented a six-area regulatory framework: speed reduction (geofencing to 8 mph, with 3 mph in pedestrian-only zones), staging limits (4 devices per location, 40-foot buffer), insurance ($2 million per occurrence, $4 million umbrella), rider education, data sharing, and fees ($150 per device annually, with a $15 discount for equity programs). The committee discussed amendments:
  • Councilmember Ward proposed adding geofencing for Piazza della Famiglia in Little Italy, requiring operators to prove that licenses of underage users are invalid, and adding a six-month review after implementation.
  • Councilmember Moreno proposed an additional application provision (Section 12) requiring operators to show an effective program to prevent underage riding.
  • Councilmember Kate suggested striking the 4-per-40-foot staging rule for areas with designated parking corrals, and expressed interest in a dynamic cap and rebalancing program.
  • Chair Kercy emphasized setting aside funds for enforcement and creating more on-street corrals. The motion to forward the ordinance with amendments to the full City Council passed unanimously.
• Item 5: State of Construction Biannual Informational Report – Staff reported on 50 notices to proceed, 30 notices of completion, 370 CIP projects worth $1.2 billion, and 63 miles of AC overlay. Organizational changes and process improvements were highlighted. Councilmember Moreno raised concerns about a contractor paving over a water valve vault and about subcontractor accountability for slurry sealing failures. Councilmember Ward asked about project delays (e.g., Georgia Street Bridge) and efforts to improve contractor evaluations and diversity. The report was informational; no action taken.

Key Outcomes

• Consent Agenda Item 1 (Sewer Plan) – Approved unanimously.
• Item 2 (Peninsula Impact Fee Study) – Forwarded to full council with a request for additional data on housing and affordable units since 2001.
• Item 3 (Harbor Drive Trunk Sewer) – Forwarded to full council with a recommendation for approval.
• Item 4 (Dockless Mobility Regulations) – Forwarded to full council with amendments: (1) require operators to prove underage licenses are invalid, (2) add geofencing for Piazza della Famiglia, (3) add a 12th application provision for underage rider prevention, (4) allow flexibility for special events, (5) permit permit revocation for violations, (6) direct staff to develop a timeline for on-street corrals, (7) bring the ordinance back to committee in six months for review. All votes were unanimous.
• Item 5 (State of Construction) – No action; informational only.