6275ORDINANCE NO. 6275
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
ORDINANCE NO. 6235, RELATING TO A PILOT PROGRAM
FOR THE OPERATION OF A SELF-SERVICE BICYCLE
SHARING SYSTEM WITHIN THE CITY OF ANAHEIM.
WHEREAS, by the adoption of Ordinance No. 6235 on February 28, 2012, the City
Council of the City of Anaheim (the "City Council") created a one-year pilot program to allow the
City to evaluate the public benefits of a city-wide bicycle sharing system as a sustainable
transportation alternative (the "Program"); and
WHEREAS, the City has received positive response to the Program from Bike
Nation, Inc. ('Bike Nation"), which has undertaken the implementation of its bicycle sharing system
and desires to expand its network of automated, self-service stations if the Program is extended; and
WHEREAS, the City Council desires to extend the term of the Program so that the
City may further evaluate the public benefits of a City-wide bicycle sharing system as a sustainable
transportation alternative.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
Section 1 of Ordinance No. 6235 is hereby amended to read in full as follows:
"Subject to the provisions of this ordinance, the City Council
does hereby authorize a city-wide bicycle sharing system pilot
program ("Program") for a two-year period beginning on May
1, 2012. Upon the expiration of said two-year period (the
"Expiration Date"), this ordinance and any Permits issued
pursuant to this ordinance shall automatically expire and
terminate. Prior to the Expiration Date, the Planning Director
will submit a report to the City Council that includes data and
information gathered on the success and merits of the
Program, including any recommendation as to how the
Program might continue. Unless otherwise directed by the
City Council following consideration of said data and
information, the City Manager (or his/her designee) will
implement a request for proposals ("RFP") process or such
other competitive selection process as the City Council may
direct for the selection of a qualified company to operate a
bicycle sharing system within the City of Anaheim. The
-1-
results of staffs evaluation of proposals will be submitted to
the City Council for consideration prior to the Expiration
Date."
SECTION 2.
A new subparagraph "o)" is hereby added to Section 5 of Ordinance No. 6235, to read
in full as follows:
"o) The City Manager is hereby authorized and directed, on
behalf of the City, to enter into license agreements (including
amendments thereto) upon such terms (including a license
fee) as the City Manager may deem necessary and appropriate
and in a form acceptable to the City Attorney, with persons
desiring to use real property over which the City owns an
easement, right-of-way, or fee title for the installation and
operation of a bicycle sharing system to properly implement
and carry out this Ordinance, as the same may be amended
from time to time."
SECTION 3.
Except as expressly amended herein, the provisions of Ordinance No. 6235 shall
remain in full force and effect.
SECTION 4. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid,
it is the intent of the City Council that it would have adopted all other portions of this ordinance
independent of the elimination herefrom of any such portion as may be declared invalid.
SECTION 5. SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
City shall in any manner affect the prosecution for violations of ordinances which violations were
committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or
the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as
they are substantially the same as ordinance provisions previously adopted by the City relating to the
same subject matter, shall be construed as restatements and continuations, and not as new
enactments.
IPA
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 3 0 tl-iay of _ April , 2013, and thereafter
passed and adopted at a regular meeting of said City Council held on the 14th day of
May , 2013, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman,Murray,Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
94610-WTReynolds
-3-
CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
CLERK'S CERTIFICATE
ss.
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6275 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 30th day of April, 2013, and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 14th day of May, 2013, by the following vote of
the members thereof:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of May, 2013.
C► • ■ • G\�■ 11
(SEAL)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6275 and was published in the Anaheim Bulletin on the 23rd day of May,
2013.
PIA
WHOWE .111 = I I 131111 • • u
(SEAL)
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
May 23, 2013
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: May 23, 2013
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
Pre
ORDINANCE NO. 6275
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
ORDINANCE NO. 6235, RELATING TO A PILOT PRO.
GRAM FOR THE OPERATION OF A SELF-SERVICE BICY-
CLE SHARING SYSTEM WITHIN THE CITY OF ANAHEIM.
WHEREAS, by the adoption of Ordinance No. 6235
City Council of the City of Anaheim (the "City Council") created a
allow the City to evaluate the public benefits of a city-wide bicycle
lainsble transportation alternative (the "Program"); and
on February 28, 2012, the
one-year pilot program to
sharing system as a sus -
WHEREAS, the City has received positive response to theProgram from Bike
Nation, Inc. ("Bike Nation"); which hes undertaken the implementation of as bicycle shar-
ing system and desires to expand its network of automated, self-service stations if the Pro-
gram is extended; and
WHEREAS, the City Council desires to extend the term of the Program so that
the City may further evaluate the public benefits of a City-wide bicycle sharing system as a
sustainable transportation alternative.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES OR-
DAIN AS FOLLOWS:
SECTION 1.
Section 1 of Ordinance No. 6235 is hereby amended to read in full as follows:
"Subject to the provisions of this ordinance, the City
Council does hereby authorize a city-wide bicycle
sharing system pilot program ("Program") for a two-
year period beginning on May 1, 2012. Upon the exe)-
ratlon of said two-year pericd (the "Expiration Date ),
this ordinance and any Permits issued pursuant to
this ordinance shall automatically expires n i r.—i-
nate. Prior to the Expiration Date, -the planning Direc-
tor will submit a report to the City Council that in-
cludes data and information gathered on the success
and merits of the Program, including any recommen-
dation as to how the Program might continue. Unless
otherwise directed by the City Council following con-
sideration of said data and information, the City Man-
ager (or his/her designee) will implement a request
for proposals ("RFP") process or such other competi-
tive selection process as the City Council may direct
for the selection of a qualified company to operate a
bicycle sharing system within the City of Anaheim.
The results of staff's evaluation of proposals will be
submitted to the City Council for consideration prior
to the Expiration Date."
SECTION 2.
A new subparagraph "(i)" is hereby added to Section 5 of Ordinance No.
6235, to read In full as follows:
"(1) The City Manager is hereby authorized and direct-
ed on behalf of the City, to enter into license agree-
ments (including amendments thereto) upon such
terms (including a license fee) as the City Manager
may deem necessary and appropriate and in a form
acceptable to the City Attorney, with persons desiring
to use real property over which the City owns an ease-
ment, right-of-way, or fee title for the installation and
oration of a bicycle sharing system to properly Im-
plement and carry out this Ordinance, as the same
may be amended from time to time.
SECTION 3.
Except as expressly amended herein, the provisions of Ordinance No. 6235
shall remain in full force and effect.
SECTION 4. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any sec-
tion, paragraph, sentence, phrase, term or word of this ordinance be declared for any rea-
son to be invalid, it is the intent of the City Council that it would have adopted all other por-
tions of this ordinance independent of the elimination herefront of any such portion as may
be declared invalid.
SECTION 5. SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal of any other ordinance of this City
shall in any manner affect the prosecution for violations of ordinances which violations
were committed prior to the effective date hereof, nor be construed as a waiver of any li-
cense or penalty or the penal provisions applicable to any violation thereof. The provisions
of this prdinance, insdfar as they are substantially the same as ordinance provisions previ-
ously agopled by the City relating to the same subject matter, shall be construed as
restatements and continua ons, and not as new enactments.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 30th day of April, 2013, and thereafter
passed and adopted at a regular seting of said Clay Council held on the 14th day of May,
2013, by the following roll call vot
AYES: Mayor Tait, Council Members Eastman, Murray, Brandmen and Kring
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
/$/ Tom Tad
ATTEST.
MAYOR OF THE CITY OF ANAHEIM
/s/ Linda N. Andal
CITY CLE OF THE CITY OF ANAHEIM ;*
Px�blish: An, helm Bulletin Mav 23 2013 9634679