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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 ~,} \f'. 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 ~ /kct#F {mYnt' ii. / lJepvtJ -{;r BARBARA ENGLESON, City Clerk C1t_j Cleo< (SEAL) ,,,,11111111111,,,,, ~,,,,,~ CAili'''''/. ,#Qll ..... n¾ ~ ... ,•·· ··•,\I~~ ,;::~. .. V"' ~ lff(~f;,\ \ \~,~/,/ ~ '··.~~,,.." .. · ~ ~,. .. ' ••t..§ ~ '-:itti"·• ........ •·~,,, ~ ~,,,,,, ,/FO'f" ,,,,,,~ l/////1111111111\\I\ September 24, 2019 Item #7 Page 8 of 8