On November 16, 2017, I issued a memo to the City Attorney's office asking for a legal analysis regarding the exclusivity of the Deco Bike contract and the potential opportunities for allowlng other Bicycle Share Programs to operate in the City of San Diego.
On January 24, 2018, the City Attorney's office released a memo titled "Exclusivity of City's Agreement with Deco Bike, LLC" (attached). The memo acknowledges that under the agreement with Deco Bike, the City has a duty to comply with the express contract terms, That said, the memo also notes that an independent operator running a bike sharing system could be allowed, if the City's involvement does not go beyond issuing approvals in its regulatory capacity.
In light of this response, it is critical to ensure that a regulatory process is in place, should additional bike share programs request to operate in the City. I respectfolly request that staff prepare a regulatory framework proposal for bike share programs to operate in the City and that it be docketed for discussion at an upcoming Smart Growth and Land Use Committee meeting. This hearing would be an opportunity to allow the Committee to give input and feedback to department staff and the City Attorney's office on any initial proposal that regulates the operation of alternative bike share programs, Research has shown that other cities such as National City and Seattle have set regulatory standards for the operation of these bike share programs, w11ich the City shou.ld review as it develops its own regulatory process.
Thank you for your assistance with this matter.