HomeMy WebLinkAbout2019-09-24; City Council; ; Adoption of Ordinance No. CS-360 amending Title 10, Chapter 10.40.190 to the Carlsbad Municipal Code by Adding Section 10.40.190 to Authorize Enforcement of Designated El~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
Sept.24,2019
Mayor and City Council
Scott Chadwick, City Manager
Tammy McMinn, Deputy City Clerk
Tammy.Cloud-McMinn@carlsbad ca.gov or 760-434-2953
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CA Review ,'t-' ---
Subject: Adoption of Ordinance No. CS-360 amending Title 10, Chapter 10.40.190
to the Carlsbad Municipal Code by Adding Section 10.40.190 to Authorize
Enforcement of Designated Electric Vehicle Charging Stations in Pub lic
Parking Areas
Recommended Action
Adopt Ordinance No. CS-360, amending Carlsbad Municipal Code (CMC), Title 10, Chapter
10.40.190 (Stopping, Standing and Parking) by adding Section 10.40.190 which authorizes
enforcement of designated electric vehicle parking stalls and spaces located on public streets or
in city-owned or operated off-street parking facilities for use as electric vehicle ("EV") charging
stations. This ordinance is authorized and implemented pursuant to State Vehicle Code ("VC")
sections 22511 and 22511.1.
Executive Summary /Discussion
Ordinance No. cs~360 was introduced and first read at the City Council meeting held on
September 17, 2019. On a motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member
Blackburn, the City Council voted 5/0 to introduce the Ordinance. The second reading allows
the City Council to adopt the ordinance which will become effective thirty days after adoption.
Fiscal Analysis
The Public Works Department and Police Department will occur minimal costs in the signing
and enforcement of EV charging stations on public streets and in city-owned or operated off-
street facilities. It is estimated to cost approximately $5,000 to sign the existing 36 city-owned
and operated EV charging stations. Enforcement costs would be offset partially by ticket and
impound fees issued in connection with EV charging parking violations.
Next Steps
The City Clerk will have the ordinance or a summary of the ordinance published in a newspaper
of general circulation within fifteen days following adoption of the ordinance.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project"
within the meaning of the California Environmental Quality Act (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.
September 24, 2019 Item #7 Page 1 of 8
Public Notification and Outreach
This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing
at least 72 hours prior to the meeting date.
Exhibits
1. Ordinance No. CS-360
September 24, 2019 Item #7 Page 2 of 8
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).
September 24, 2019 Item #7 Page 3 of 8
THEREFORE, the City Council ofthe 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 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.
September 24, 2019 Item #7 Page 4 of 8
"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 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
September 24, 2019 Item #7 Page 5 of 8
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).
September 24, 2019 Item #7 Page 6 of 8
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.
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 ofthe City
of Carlsbad on the 24th day of September 2019, by the following vote, to wit:
September 24, 2019 Item #7 Page 7 of 8
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: Hamilton.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MA TT HALL, Mayor
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-{;r BARBARA ENGLESON, City Clerk C1t_j
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September 24, 2019 Item #7 Page 8 of 8