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HomeMy WebLinkAbout2019-09-17; City Council; ; Introduction of an ordinance to amend title 10, chapter 10.40 of the Carlsbad Municipal Code by adding section 10.40.190 to authorize enforcement of designated electric vStaff recommends that the city council approve the addition of section 10.40.190 to the Carlsbad Municipal Code, thereby authorizing enforcement of designated EV charging stations located on public streets or in city-owned or operated off-street parking facilities. Discussion A. Background On January 26, 2018, Governor Brown signed Executive Order B-48-18, which set a statewide goal of achieving 5 million zero-emission vehicles in California by 2030. Subsequently, electric vehicle sales in California have experienced exponential year over year growth resulting in a 196% increase between 2018 and 2019. On average, over 20,000 electric vehicles are sold per month in California, with a projected total of 1,000,000 to be sold between 2018 and 2020. To accommodate the growing number of electric vehicles, the city has begun to implement additional infrastructure and regulations which encourage electric vehicle usage on both residential and commercial properties. Earlier this year, Carlsbad Municipal Code chapter 18.21 was amended to require that new construction in non-residential buildings and new construction or major renovations within single and multi-family residential developments include parking exclusively dedicated to EV charging and the addition of some form of EV charging infrastructure. The city itself currently operates EV charging stations for public and city fleet vehicle use at 36 city-owned parking stalls located at: Alga Norte Park, Dove Library, Faraday Administration Center, Pine Avenue Park, Stagecoach Park and the State Street Public Parking Lot (State Street and Carlsbad Village Drive). Two additional public EV stalls will soon become available at Aviara Community Park in conjunction with other park improvements. Consistent with Measure L of the Climate Action Plan, the number of city-owned EV charging stations will continue to increase as new city facilities are built or undergo major renovations. With the increase in the number of electric vehicles and EV charging stations citywide, the city has received complaints alleging misuse of EV charging stations. These complaints have alleged that non-electric vehicles are parking in EV charging stations, and that electric vehicles remain parked for long periods of time in EV charging stations for purposes other than charging. B. Ordinance applicability VC section 22511 authorizes cities, by local ordinance or resolution, to designate parking spaces or stalls located on public streets and in city-owned or operated off-street parking facilities for the exclusive purpose as EV charging stations. Similarly, VC section 22511 authorizes cities to remove unauthorized vehicles from the aforementioned public EV charging locations. Further, VC section 22511.1 makes it unlawful for a person to park or leave a vehicle standing in an EV charging station, or to obstruct, block or otherwise bar access to an EV charging station, unless the vehicle is connected for electric charging purposes. Currently, Carlsbad lacks a local ordinance or resolution that adopts VC section 22511 at the local level. This inhibits the city's ability to regulate e·lectric vehicle parking in certain public parking areas. This proposed ordinance would allow for existing and future EV charging stations located on public streets or in city-owned or operated off-street parking facilities to be used exclusively for purposes of EV charging. "Electric vehicles" are defined in the ordinance to include either a 2 September 17, 2019 Item #6 Page 2 of 16 battery electric vehicle or a plug-in hybrid electric vehicle. The ordinance would also authorize enforcement of designated EV charging stations in the aforementioned public parking locations. The ordinance would not apply to EV charging stations located on privately owned or operated off-street parking facilities, such as commercial shopping centers. However, these private owners or operators would still have the authority to cause the removal of unauthorized vehicles from their EV charging stations pursuant to VC section 22511(b), among other requirements set forth in VC section 22511. C. Parking time restrictions The proposed ordinance does not provide for a specific time restriction for parking in EV charging stations located in the specified public parking areas. Rather, this determination may be made administratively by the city traffic engineer or designee, so long as adequate signage clearly communicates any such time limit. Any time restriction would be based on the amount of time that it takes an electric vehicle to fully charge and other variable considerations under staff's purview. Based on the pace of technological changes with regard to electric vehicles and the lack of statistical data on this issue specific to Carlsbad, staff does not believe that it is necessary or appropriate to designate a time limit through the ordinance. However, the ordinance builds in a maximum time-frame for parking in EV charging stations located in certain public areas, so long as the electric vehicle is actively charging, or so long as the electric vehicle has not exceeded any applicable parking time limit, whichever duration is greater. This alternative framework allows for reasonable and flexible enforcement, accounting for variable electric vehicle charging times. D. Enforcement The ordinance would authorize a peace officer or employee charged with directing traffic or enforcing the city's parking laws and regulations to remove unauthorized vehicles from EV charging stations located in public streets or in city-owned or operated off-street parking facilities, so long as appropriate tow warning sign age is posted in accordance with. VC 22511(d). Unauthorized vehicles would be removed to the nearest garage owned, leased or approved for use by the city. The city's standard parking violation penalties could also or alternatively apply, pursuant to Carlsbad Municipal Code section 10.42.010 and VC section 22511(f). In the case of vehicle removal and storage, the ordinance contains its own notice, appeal and administrative hearing process, consistent with the requirements of VC section 22852. Fiscal Analysis Introduction of this ordinance has no fiscal impact; adoption of the ordinance would result in minimal fiscal impact. Some costs to the Public Works Department and Police Department will be incurred in the signing and enforcement of EV charging stations on public streets and in city- owned or operated off-street parking facilities. It is estimated to cost approximately $5,000 to sign the existing 36 city-owned and operated EV charging stations. Two additional EV charging stations are planned for installation at Aviara Park in the near future. Enforcement costs would be offset to some extent by tickets and impound fees issued in connection with EV charging parking violations. 3 September 17, 2019 Item #6 Page 3 of 16 Next Steps At the direction of the city council, adoption of this proposed ordinance will be scheduled at a future city council meeting. If adopted, city staff would post signage for exclusive EV charging stations on public streets and in city-owned or operated off-street parking facilities. Ordinance adoption would also allow the city to enforce EV charging station parking violations in such locations, including towing authority. Environmental Evaluation (CEQA) Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore, does not require environmental review. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. Ordinance to add section 10.40.190 to the Carlsbad Municipal Code, entitled "Electric vehicle charging stations in public parking areas" 2. Red-lined version of new Carlsbad Municipal Code section 10.40.190 3. State Vehicle Code section 22511 pertaining to electric vehicle parking stalls or spaces 4 September 17, 2019 Item #6 Page 4 of 16 ORDINANCE NO. CS-360 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 10, CHAPTER 10.40 OF THE CARLSBAD MUNICIPAL CODE BY ADDING SECTION 10.40.190 TO AUTHORIZE ENFORCEMENT OF DESIGNATED ELECTRIC VEHICLE CHARGING STATIONS LOCATED IN PUBLIC PARKING AREAS. WHEREAS, On January 26, 2018, Governor Brown signed Executive Order B-48-18, which set a statewide goal of achieving 5 million zero-emission vehicles in California by 2030; WHEREAS, in implementing Executive Order B-48-18, the City of Carlsbad seeks to promote and support the growth of electric vehicle infrastructure within city limits by maximizing the utility of, and traffic flow near, electric vehicle charging stations; WHEREAS, State Vehicle Code section 22511(a)(l) gives local municipalities the authority to designate, by ordinance or resolution, parking stalls or spaces located in an off-street parking facility owned or operated by the municipality for use exclusively as electric vehicle charging stations; WHEREAS, State Vehicle Code section 22511(a)(2) gives local municipalities the authority to designate, by ordinance or resolution, parking stalls or spaces located on a public street for use exclusively as electric vehicle charging stations; WHEREAS, State Vehicle Code section 22511 permits a local municipality, provided the municipality has posted sign age in conformance with the California Manual of Traffic Control Devices, to remove and store any vehicle that is found illegally parked in parking stalls or spaces located on a public street or in an off-street parking facility owned or operated by the municipality, which are exclusively designated for electric vehicle charging; WHEREAS, State Vehicle Code section 22511(f) explicitly states that the statute does not interfere with existing law governing the ability of a local municipality to adopt ordinances related to local parking programs; WHEREAS, State Vehicle Code section 22511.l(a) explicitly states that a vehicle shall not park or occupy a parking space authorized by section 22511 unless the vehicle is connected for electric vehicle charging purposes; WHEREAS, State Vehicle Code section 22511.l(b) states that a person shall not obstruct, block or otherwise inhibit access to parking spaces designated as electric vehicle charging stations pursuant to section 22511.l(a). THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: 1 September 17, 2019 Item #6 Page 5 of 16 Section 1. The above recitations are true and correct. Section 2. That section 10.40.190 is hereby added to the Carlsbad Municipal Code to read as follows: 10.40.190 Electric vehicle charging stations in public parking areas A. Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning: "Actively charging" means the time during which the connector from the charger at a charging station is inserted into the inlet and electrical power is being transferred for the purpose of recharging the electric vehicle's on-board batteries. "Battery electric vehicle" means a vehicle fueled entirely by electricity stored in the onboard battery. This type of vehicle is often referred to as a zero emission vehicle. "Charger" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries or other energy storage devices within electric vehicles. "Connected" means the connector of an electric vehicle charging station is inserted into the inlet for an electric vehicle. "Connector" means a device inserted into the inlet for an electric vehicle that establishes an electrical connection from the charger to the electric vehicle for the purpose of charging and exchanging information. "Electric vehicle" means either a battery electric vehicle or a plug-in hybrid electric vehicle. "Electric vehicle charging equipment" means fueling equipment which provides electric energy for the purpose of charging electric vehicles. "Electric vehicle charging station" means a parking stall or space designated by the city traffic engineer or designee in accordance with State Vehicle Code section 22511 for the exclusive purpose of charging an electric vehicle located on a public street or a publicly owned or operated off-street parking facility. "Inlet" means the device on the electric vehicle into which the connector is inserted for charging and information exchange. 2 September 17, 2019 Item #6 Page 6 of 16 "Off-street parking facility" means any publicly or privately owned off-street parking facility held open for use by the public for parking vehicles where no fee is charged for the privilege to park and which are held open for the common public use of retail customers. "Park or Parking" has the same meaning as defined in State Vehicle Code section 463, as it may be amended from time to time. "Plug-in hybrid electric vehicle" means a vehicle that is fueled by both a battery and another fuel source, such as a gasoline-powered internal combustion engine. Plug-in hybrid electric vehicles run on electricity from the on board battery until the battery is exhausted and then switches to an alternate power source. "Storage garage" has the same meaning as "garage" as defined in State Vehicle Code section 340, as it may be amended from time to time. "Vehicle enforcement official" means a peace officer, as defined in Chapter 4.5 (commencing with Section 830} of Title 3 of Part 2 of the State Penal Code, as it may be amended from time to time, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations of the City of Carlsbad. "Vehicle owner" means the vehicle's registered and legal owners of record, or their agents. B. Restrictions 1. It shall be unlawful to park or leave standing any vehicle in an electric vehicle charging station, unless the vehicle is an electric vehicle that is actively charging as indicated by the electric vehicle charging station monitor display, or unless the connected electric vehicle has not exceeded any applicable parking time limit, whichever duration is greater. 2. It shall be unlawful to obstruct, block or otherwise bar access to an electric vehicle charging station, unless as otherwise authorized by subsection (B)(l) above. C. Vehicle removal and storage 1. Removal. Subject to the sign age requirements set forth in State Vehicle Code section 22511, a vehicle enforcement official may remove, or cause to be removed, any vehicle found in violation of this section. The Carlsbad Police Department must be notified in the event of any such vehicle removal. 2. Storage. Any unauthorized vehicle shall be removed to the nearest storage garage. 3. Post-storage notice and hearing 3 September 17, 2019 Item #6 Page 7 of 16 a. Whenever a vehicle enforcement official directs the storage of an unauthorized vehicle as permitted by this section, the vehicle enforcement official shall provide the vehicle owner(s) with the opportunity for a post-storage hearing. b. A notice of the storage shall be mailed or personally delivered to the vehicle owner(s) within 48 hours, excluding weekends and holidays, and shall include all of the following information: 1. The name, address, and telephone number of the vehicle enforcement official's agency providing the notice. 2. The location of the place of storage and description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage. 3. The authority and purpose for the removal of the vehicle. 4. A statement that, in order to receive their post-storage hearing, the vehicle owner(s) shall request an administrative hearing within 10 days of the date appearing on the notice using a Request for Hearing Form (available on the city's website) and returning it to the Office of the City Clerk. c. The post-storage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. d. The post-storage hearing shall be conducted by an administrative hearing officer in accordance with the following provisions: 1. The failure of a vehicle owner(s) to appear at the hearing shall constitute a failure to exhaust their administrative remedies. 2. The failure of a vehicle owner(s) to file an appeal shall constitute a waiver of any rights to an administrative determination of the merits of the vehicle storage notice and the amount of any administrative costs and fees. 3. At the hearing, the vehicle owner(s) shall be given the opportunity to testify and to present evidence concerning the vehicle storage notice. 4. The vehicle storage notice and any additional report submitted by the vehicle enforcement officer shall constitute prim a facie evidence of the respective facts contained in those documents. 5. The administrative hearing officer may continue the hearing and request additional information from the vehicle enforcement officer or the vehicle owner(s) prior to issuing a written decision. 6. After considering all of the testimony and evidence submitted at the hearing, the administrative hearing officer shall issue a written decision that lists his/her reasons for upholding or canceling the vehicle storage notice. A written copy of the administrative hearing officer's decision shall be provided to the vehicle owner(s). 4 September 17, 2019 Item #6 Page 8 of 16 7. The administrative hearing officer may assess the city's reasonable administrative costs, including any impound and storage fees and all costs incurred by the city from first discovery of the violations through the appeal process and until compliance is achieved, such as staff time for inspection of the violations, sending notices, and for preparing and attending any appeal hearing. 8. The agency employing the vehicle enforcement official who directed the storage shall be responsible for the costs incurred for removal and storage if it is determined in the post-storage hearing that reasonable grounds for the storage are not established. e. The administrative hearing officer's decision is the final administrative remedy without further administrative appeals. 4. This section does not apply to vehicles abated under the Abandoned Vehicle Abatement Program pursuant to State Vehicle Code sections 22660 to 22668, inclusive, and section 22710, or to vehicles impounded for investigation pursuant to State Vehicle Code section 22655; nor does this section apply to abandoned vehicles removed pursuant to State Vehicle Code section 22669 that are determined by the public agency to have an estimated value of five hundred dollars ($500) or less. D. Severability If any subsection, sentence, clause, or phrase of this section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this section, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. 5 September 17, 2019 Item #6 Page 9 of 16 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 17th day of September 2019, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ -2019, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) 6 September 17, 2019 Item #6 Page 10 of 16 Exhibit 2 10.40.190 Electric vehicle charging stations in public parking areas A. Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning: "Actively charging" means the time during which the connector from the charger at a charging station is inserted into the inlet and electrical power is being transferred for the purpose of recharging the electric vehicle's on-board batteries. "Battery electric vehicle" means a vehicle fueled entirely by electricity stored in the on board battery. This type of vehicle is often referred to as a zero emission vehicle. "Charger" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries or other energy storage devices within electric vehicles. "Connector" means a device inserted into the inlet for an electric vehicle that establishes an electrical connection from the charger to the electric vehicle for the purpose of charging and exchanging information. "Electric vehicle" means either a battery electric vehicle or a plug-in hybrid electric vehicle. "Electric vehicle charging equipment" means fueling equipment which provides electric energy for the purpose of charging electric vehicles. "Electric vehicle charging station" means a parking stall or space designated by the city traffic engineer or designee in accordance with State Vehicle Code section 22511 for the exclusive purpose of charging an electric vehicle located on a public street or a publicly owned or operated off-street parking facility. "Inlet" means the device on the electric vehicle into which the connector is inserted for charging and information exchange. "Off-street parking facility" means any publicly or privately owned off-street parking facility held open for use by the public for parking vehicles where no fee is charged for the privilege to park and which are held open for the common public use of retai l customers. "Park or Parking" has the same meaning as defined in State Vehicle Code section 463, as it may be amended from time to time. "Plug-in hybrid electric vehicle" means a vehicle that is fueled by both a battery and another fuel source, such as a gasoline-powered internal combustion engine. Plug-in hybrid electric 1 September 17, 2019 Item #6 Page 11 of 16 vehicles run on electricity from the onboard battery until the battery is exhausted and then switches to an alternate power source. "Storage garage" has the same meaning as "garage" as defined in State Vehicle Code section 340, as it may be amended from time to time. "Vehicle enforcement official" means a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 ofthe State Penal Code, as it may be amended from time to time, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations ofthe City of Carlsbad. "Vehicle owner" means the vehicle's registered and legal owners of record, or their agents. B. Restrictions 1. It shall be unlawful to park or leave standing any vehicle in an electric vehicle charging station, unless the vehicle is an electric vehicle that is actively charging as indicated by the electric vehicle charging station monitor display, or unless the electric vehicle has not exceeded any applicable parking time limit, whichever duration is greater. 2. It shall be unlawful to obstruct, block or otherwise bar access to an electric vehicle charging station, unless as otherwise authorized by subsection (B)(l) above. C. Vehicle removal and storage 1. Removal. Subject to the sign age requirements set forth in State Vehicle Code section 22511, a vehicle enforcement official may remove, or cause to be removed, any vehicle found in violation of this section. The Carlsbad Police Department must be notified in the event of any such vehicle removal. 2. Storage. Any unauthorized vehicle shall be removed to the nearest storage garage. 3. Post-storage notice and hearing a. Whenever a vehicle enforcement official directs the storage of an unauthorized vehicle as permitted by this section, the vehicle enforcement official shall provide the vehicle owner(s) with the opportunity for a post-storage hearing. b. A notice of the storage shall be mailed or personally delivered to the vehicle owner(s) within 48 hours, excluding weekends and holidays, and shall include all of the following information: 1. The name. address, and telephone number of the vehicle enforcement official's agency providing the notice. 2 September 17, 2019 Item #6 Page 12 of 16 2. The location of the place of storage and description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage. 3. The authority and purpose for the removal of the vehicle. 4. A statement that, in order to receive their post-storage hearing, the vehicle owner(s) shall request an administrative hearing within 10 days of the date appearing on the notice using a Request for Hearing Form (available on the city's website) and returning it to the Office of the City Clerk. c. The post-storage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. d. The post-storage hearing shall be conducted by an administrative hearing officer in accordance with the following provisions: 1. The failure of a vehicle owner(s) to appear at the hearing shall constitute a failure to exhaust their administrative remedies. 2. The failure of a vehicle owner(s) to file an appeal shall constitute a waiver of any rights to an administrative determination of the merits of the vehicle storage notice and the amount of any administrative costs and fees. 3. At the hearing, the vehicle owner(s) shall be given the opportunity to testify and to present evidence concerning the vehicle storage notice. 4. The vehicle storage notice and any additional report submitted by the vehicle enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. 5. The administrative hearing officer may continue the hearing and request additional information from the vehicle enforcement .officer or the vehicle owner(s) prior to issuing a written decision. 6. After considering all of the testimony and evidence submitted at the hearing, the administrative hearing officer shall issue a written decision that lists his/her ·reasons for upholding or canceling the vehicle storage notice. A written copy of the administrative hearing officer's decision shall be provided to the vehicle owner(s). 7. The administrative hearing officer may assess the city's reasonable administrative costs, including any impound and storage fees and all costs incurred by the city from first discovery of the violations through the appeal process and until compliance is achieved, such as staff time for inspection of the violations, sending notices, and for preparing and attending any appeal hearing. 8. The agency employi_ng the vehicle enforcement official who directed the storage shall be responsible for the costs incurred for removal and storage if it is determined in the post-storage hearing that reasonable grounds for the storage are not established. 3 September 17, 2019 Item #6 Page 13 of 16 e. The administrative hearing officer's decision is the final administrative remedy without further administrative appeals. 4. This section does not apply to vehicles abated under the Abandoned Vehicle Abatement Program pursuant to State Vehicle Code sections 22660 to 22668, inclusive, and section 22710, or to vehicles impounded for investigation pursuant to State Vehicle Code section 22655; nor does this section apply to abandoned vehicles removed pursuant to State Vehicle Code section 22669 that are determined by the public agency to have an estimated value of five hundred dollars ($500) or less. D. Severability If any subsection, sentence, clause, or phrase of this section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this section, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. 4 September 17, 2019 Item #6 Page 14 of 16 @ -STA_TE_O_F _CA-l.1-FO_RN_IA~ ...-:: 't;~V,1I'rl' AUTHENTICATED RU~f.A\J ELECTRONIC LEGAL MATERIAL State of California VEHICLE CODE Section 22511. EXHIBIT 3 22511. (a) ( 1) A local authority, by ordinance or resolution, and a person in lawful possession of an off street parking facility may designate stalls or spaces in an off street parking facility owned or operated by that local authority or person for the exclusive purpose of charging and parking a vehicle that is connected for electric charging . purposes. (2) A local authority, by ordinance or resolution, may designate stalls or spaces on a public street within its jurisdiction for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes. (b) If posted in accordance with subdivision ( d) or ( e ), the owner or person in lawful possession of a privately owned or operated offstreet parking facility, after notifying the polic'e or sheriff's department, may cause the removal of a vehicle from a stall or space designated pursuant to subdivision (a) in the facility to the nearest public garage if the vehicle is not connected for electric charging purposes. (c) (1) If posted in accordance with paragraph (1) of subdivision (d), the local authority owning or operating an offstreet parking facility, after notifying the police or sheriff's department, may cause the removal of a vehicle from a stall or space designated pursuant to paragraph (1) of subdivision (a) in the facility to the nearest garage, as defined in Section 340, that is owned, leased, or approved for use by a public agency if the vehicle is not connected for electric charging purposes. (2) If posted in accordance with paragraph (2) of subdivision ( d), the local authority, after notifying the police cir sheriff's department, may cause the removal of a vehicle from a stall or space designated pursuant to paragraph (2) of subdivision (a) to the nearest garage, as defined in Section 340, that is owned, leased, or approved for use by a public agency if the vehicle is not connected for electric charging purposes. (d) (1) The posting required for an offstreet parking facility owned or operated either privately or by a local authority shall consist of a sign not less than 17 by 22 inches in size with lettering not less than one inch in height that clearly and conspicuously states the following: "Unauthorized vehicles not connected for electric charging purposes will be towed away at owner's expense. Towed vehicles may be reclaimed at --------~------------or by telephoning (Address) ,, (Telephone number of local law enforcement agency) September 17, 2019 Item #6 Page 15 of 16 EXHIBIT3 The sign shall be posted in either of the following locations: (A) Immediately adjacent to, and visible from, the stall or space. (B) In a conspicuous place at each entrance to the offstreet parking facility. (2) The posting required for stalls or spaces on a public street designated pursuant to paragraph (2) of subdivision (a) shall follow the California Manual of Uniform Traffic Control Devices. (e) If the parking facility is privately owned and public parking is prohibited by the posting of a sign meeting the requirements of paragraph ( 1) of subdivision (a) of Section 22658, the requirements of subdivision (b) may be met by the posting of a sign immediately adjacent to, and visible from, each stall or space indicating that a vehicle not meeting the requirements of subdivision (a) will be removed at the owner's expense and containing the telephone number of the local traffic law enforcement agency. (f) This section does not interfere with existing law governing the ability of local authorities to adopt ordinances related to parking programs within their jurisdiction, such as programs that provide free parking in metered areas or municipal garages for electric vehicles. (Amended by Stats. 2017, Ch. 635, Sec. 1. (AB 1452) Effective January 1, 2018.) September 17, 2019 Item #6 Page 16 of 16 /\II Receive -Agenda Item# {p For the Information of the: CITY COUNCIL Date ~18'. i---cc ,_.. CM __::::::-COO c:.--6CM (3) ~ Council Memorandum September 16, 2019 To: Honorable Mayor Hall and Members of the City Council From: Marissa Kawecki, Deputy City Attorney ~'(__ Via: Scott Chadwick, City Manager {city of Carlsbad Re: Additional Materials Related to Staff Report Item No. 6-Amendment to the Carlsbad Municipal Code to Authorize Enforcement of Designated Electric Vehicle Charging Stations in Public Parking Areas This memorandum provides a minor change to this ordinance for introduction which would authorize enforcement of designated electric vehicle charging stations in certain public parking areas. If adopted, this ordinance would be codified under section 10.40.190 of the Carlsbad Municipal Code. Subsection A, the defined terms section of the proposed ordinance, has been modified to define the term "connected" (see Exhibit A). Subsection B, the restrictions section of the proposed ordinance, has also been modified to add the word "connected" (see Exhibit A). The purpose of this additional term is to clarify that an electric vehicle must be actively charging or connected for the purpose of charging at all times while parked in an electric vehicle charging station. This requirement is consistent with State Vehicle Code sections 22511 and 22511.1. Attachments: A. Ordinance to add section 10.40.190 to the Carlsbad Municipal Code, entitled "Electric vehicle charging stations in public parking areas," incorporating the aforementioned amendment cc: Elaine Lukey, Chief Operations Officer Celia Brewer, City Attorney Charles Balteria, Public Works Program Manager City Attorney 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2891 t ORDINANCE NO. __ _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 10, CHAPTER 10.40 OF THE CARLSBAD MUNICIPAL CODE BY ADDING SECTION 10.40.190 TO AUTHORIZE ENFORCEMENT OF DESIGNATED ELECTRIC VEHICLE CHARGING STATIONS LOCATED IN PUBLIC PARKING AREAS. Exhibit A WHEREAS, On January 26, 2018, Governor Brown signed Executive Order B-48-18, which set a statewide goal of achieving 5 million zero-emission vehicles in California by 2030; WHEREAS, in implementing Executive Order B-48-18, the City of Carlsbad seeks to promote and support the growth of electric vehicle infrastructure within city limits by maximizing the utility of, and traffic flow near, electric vehicle charging stations; WHEREAS, State Vehicle Code section 22511(a)(1) gives local municipalities the authority to designate, by ordinance or resolution, parking stalls or spaces located in an off-street parking facility owned or operated by the municipality for use exclusively as electric vehicle charging stations; WHEREAS, State Vehicle Code section 22511(a)(2) gives local municipalities the authority to designate, by ordinance or resolution, parking stalls or spaces located on a public street for use exclusively as electric vehicle charging stations; WHEREAS, State Vehicle Code section 22511 permits a local municipality, provided the municipality has posted sign age in conformance with the California Manual of Traffic Control Devices, to remove and store any vehicle that is found illegally parked in parking stalls or spaces located on a public street or in an off-street parking facility owned or operated by the municipality, which are exclusively designated for electric vehicle charging; WHEREAS, State Vehicle Code section 22511(f) explicitly states that the statute does not interfere with existing law governing the ability of a local municipality to adopt ordinances related to local parking programs; WHEREAS, State Vehicle Code section 22511.l(a) explicitly states that a vehicle shall not park or occupy a parking space authorized by section 22511 unless the vehicle is connected for electric vehicle charging purposes; WHEREAS, State Vehicle Code section 22511.l(b) states that a person shall not obstruct, block or otherwise inhibit access to parking spaces designated as electric vehicle charging stations pursuant to section 22511.l(a). 1 THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: Section 1. The above recitations are true and correct. Section 2. That section 10.40.190 is hereby added to the Carlsbad Municipal Code to read as follows: 10.40.190 Electric vehicle charging stations in public parking areas A. Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning: "Actively charging" means the time during which the connector from the charger at a charging station is inserted into the inlet and electrical power is being transferred for the purpose of recharging the electric vehicle's on-board batteries. "Battery electric vehicle" means a vehicle fueled entirely by electricity stored · in the on board battery. This type of vehicle is often referred to as a zero emission vehicle. "Charger" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries or other energy storage devices within electric vehicles. "Connected" means the connector of an electric vehicle charging station is inserted into the inlet for an electric vehicle. "Connector" means a device inserted into the inlet for an electric vehicle that establishes an electrical connection from the charger to the electric vehicle for the purpose of charging and exchanging information. "Electric vehicle" means either a battery electric vehicle or a plug-in hybrid electric vehicle. "Electric vehicle charging equipment" means fueling equipment which provides electric energy for the purpose of charging electric vehicles. "Electric vehicle charging station" means a parking stall or space designated by the city traffic engineer or designee in accordance with State Vehicle Code section 22511 for the exclusive purpose of charging an electric vehicle located on a public street or a publicly owned or operated off-street parking facility. "Inlet" means the device on the electric vehicle into which the connector is inserted for charging and information exchange. 2 "Off-street parking facility" means any publicly or privately owned off-street parking facility held open for use by the public for parking vehicles where no fee is charged for the privilege to park and which are held open for the common public use of retail customers. "Park or Parking" has the same meaning as defined in State Vehicle Code section 463, as it may be amended from time to time. "Plug-in hybrid electric vehicle" means a vehicle that is fueled by both a battery and another fuel source, such as a gasoline-powered internal combustion engine. Plug-in hybrid electric vehicles run on electricity from the on board battery until the battery is exhausted and then switches to an alternate power source. "Storage garage" has the same meaning as "garage" as defined in State Vehicle Code section 340, as it may be amended from time to time. "Vehicle enforcement official" means a peace officer, as defined in Chapter 4.5 (col1)mencing with Section 830) of Title 3 of Part 2 of the State Penal Code, as it may be amended from time to time, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations of the City of Carlsbad. "Vehicle owner" means the vehicle's registered and legal owners of record, or their agents. B. Restrictions 1. It shall be unlawful to park or leave standing any vehicle in an electric vehicle charging station, unless the vehicle is an electric vehicle that is actively charging as indicated by the electric vehicle charging station monitor display, or unless the connected electric vehicle has not exceeded any applicable parking time limit, whichever duration is greater. 2. It shall be unlawful to obstruct, block or otherwise bar access to an electric vehicle charging station, unless as otherwise authorized by subsection (B){l) above. C. Vehicle removal and storage 1. Removal. Subject to the signage requirements set forth in State Vehicle Code section 22511, a vehicle enforcement official may remove, or cause to be removed, any vehicle found in violation of this section. The Carlsbad Police Department must be notified in the event of any such vehicle removal. 2. Storage. Any unauthorized vehicle shall be removed to the nearest storage garage. 3. Post-storage notice and hearing 3 a. Whenever a vehicle enforcement official directs the storage of an unauthorized vehicle as permitted by this section, the vehicle enforcement official shall provide the vehicle owner(s} with the opportunity for a post-storage hearing. b. A notice of the storage shall be mailed or personally delivered to the vehicle owner(s} within 48 hours, excluding weekends and holidays, and shall include all of the following information: 1. The name, address, and telephone number of the vehicle enforcement official's agency providing the notice. 2. The location of the place of storage and description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage. 3. The authority and purpose for the removal of the vehicle. 4. A statement that, in order to receive their post-storage hearing, the vehicle owner(s} shall request an administrative hearing within 10 days of the date appearing on the notice using a Request for Hearing Form (available on the city's website} and returning it to the Office of the City Clerk. c. The post-storage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. d. The post-storage hearing shall be conducted by an administrative hearing officer in accordance with the following provisions: 1. The failure of a vehicle owner(s} to appear at the hearing shall constitute a failure to exhaust their administrative remedies. 2. The failure of a vehicle owner(s} to file an appeal shall constitute a waiver of any rights to an administrative determination of the merits of the vehicle storage notice and the amount of any administrative costs and fees. 3. At the hearing, the vehicle owner(s} shall be given the opportunity to testify and to present evidence concerning the vehicle storage notice. 4. The vehicle storage notice and any additional report submitted by the vehicle enforcement officer shall constitute prim a facie evidence of the respective facts contained in those documents. 5. The administrative hearing officer may continue the hearing and request additional information from the vehicle enforcement officer or the vehicle owner(s} prior to issuing a written decision. 6. After considering all of the testimony and evidence submitted at the hearing, the administrative hearing officer shall issue a written decision that lists his/her reasons for upholding or canceling the vehicle storage notice. A written copy of the administrative hearing officer's decision shall be provided to the vehicle owner(s}. 4 7. The administrative hearing officer may assess the city's reasonable administrative costs, including any impound and storage fees and all costs incurred by the city from first discovery of the violations through the appeal process and until compliance is achieved, such as staff time for inspection of the violations, sending notices, and for preparing and attending any appeal hearing. 8. The agency employing the vehicle enforcement official who directed the storage shall be responsible for the costs incurred for removal and storage if it is determined in the post-storage hearing that reasonable grounds for the storage are not established. e. The administrative hearing officer's decision is the final administrative remedy without further administrative appeals. 4. This section does not apply to vehicles abated under the Abandoned Vehicle Abatement Program pursuant to State Vehicle Code sections 22660 to 22668, inclusive, and section 22710, or to vehicles impounded for investigation pursuant to State Vehicle Code section 22655; nor does this section apply to abandoned vehicles removed pursuant to State Vehicle Code section 22669 that are determined by the public agency to have an estimated value of five hundred dollars ($500} or less. D. Severability If any subsection, sentence, clause, or phrase of this section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this section, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. 5 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the ____ day of ____ _, 2019, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ ~ 2019, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) 6 Marissa Kawecki, Deputy City Attorney Charles Balteria, Program Manager September 17, 2019 Electric Vehicle Charging Stations in Public Parking Areas Recommended Action Introduce proposed ordinance for adoption: “Electric vehicle charging stations in public parking areas” •Amends chapter 10.40 (“Stopping, standing and parking”) of the Carlsbad Municipal Code by adding section 10.40.190 •Authorizes enforcement of designated electric vehicle (EV) charging stations located in certain public parking areas Legal Authority 1.Governor Brown’s Executive Orders: –B-48-18: 5 mil. zero emission vehicles by 2030 –B-16-2012: 1.5 mil. zero emission vehicles by 2025 2. 2015 Carlsbad Climate Action Plan Legal Authority (ctd.) 3. Vehicle Code (VC) § 22511: –§22511(a): local ordinance or resolution may designate parking spaces or stalls located on public streets or in city-owned or operated off-street parking facilities for exclusive use as EV charging stations –§22511(c): immediate tow authority for unauthorized vehicles, with proper signage Legal Authority (ctd.) 4. VC § 22511.1: –§22511.1(a): Vehicles shall not park or occupy a designated EV charging station parking space, unless connected for EV charging –§22511.1(b): A person shall not obstruct, block or otherwise inhibit access to designated EV charging station parking spaces Proposed Ordinance: Purpose and Intent •Implement Executive Order B-48-18, the 2015 CAP and VC §§22511 and 22511.1 on local level •Complement existing city EV charging infrastructure ordinance (amended CMC ch. 18.21, Green Building Standards Code) •Allow for enforcement of existing and planned EV charging stations on public streets and in city-owned off-street parking facilities •Respond to citizen concerns of misuse of EV charging stations City-Owned EV Stations 36 Stations in Current Inventory •Two additional public stations will become operational at Aviara Park in Fall 2019 •Additional stations to be added to city facilities per 18.21 CMC EV Station Misuse Idle EV Parking Obstructed EV Parking Proposed Ordinance: Overview •Overview of defined terms •No parking in EV charging station unless actively charging, or EV has not exceeded applicable parking time limit, whichever is greater •No obstructing, blocking or otherwise barring access to EV charging station Proposed Ordinance: Signage •Required signage: •Any time limits TBD by City Traffic Engineer and would be posted accordingly UNAUTHORIZED VEHICLES NOT CONNECTED FOR ELECTRIC CHARGING PURPOSES WILL BE TOWED AWAY AT THE OWNER'S EXPENSE RECLAIM TOWED VEHICLES AT (Insert Address) OR BY TELEPHONING (Insert Telephone Number) Proposed Ordinance: Enforcement •Standard parking violation penalties (see CMC § 10.42.010) •Vehicle removal and storage, Proposed Ordinance: Post-storage rights •Ordinance includes special post-storage notice and administrative hearing procedures, as required by VC §22852 and the state and federal constitutions, Proposed Ordinance: Staff /Fiscal Impact •Affected Departments: Public Works, Police •Cost of signage: $5,000 to sign existing 36 city- owned and operated EV charging stations; will continue to sign new stations •Cost potentially off-set by enforcement—ticket and impound fees Next Steps, if ordinance adopted: •Determine appropriate time limits for EV stations, if necessary •Post signage for existing city EV charging stations Recap: Recommended Action Introduce proposed ordinance for adoption: “Electric vehicle charging stations in public parking areas, ” which will authorize enforcement of designated electric vehicle (EV) charging stations located in certain public parking areas