HomeMy WebLinkAbout2021-11-02; City Council; ; Amend Carlsbad Municipal Code, Chapter 10.60 - Shared Mobility DevicesMeeting Date: Nov. 2, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Nathan Schmidt, Transportation Planning and Mobility Manager
Nathan.Schmidt@carlsbadca.gov, 760-602-2734
Robby Contreras, Assistant City Attorney
Robby.Contreras@carlsbadca.gov, 760-434-2891
Subject:
Districts:
Amend Carlsbad Municipal Code, Chapter 10.60 - Shared Mobility Devices
All
Recommended Actions
Introduction of an ordinance amending Title 10, Chapter 60 of the Carlsbad Municipal Code
regarding Shared Mobility Devices.
Executive Summary /Discussion
This action updates the city’s ordinance on shared mobility devices, such as electric scooters
and e-bikes that people can rent from areas in the public right of way via dockless or docked
systems, to comply with a more recent state law.
In May 2019, the City Council adopted Ordinance No. CS-354, adding Chapter 10.60 - Shared
Mobility Devices to the Carlsbad Municipal Code (Exhibit 2). This ordinance prohibited shared
mobility devices from being abandoned or placed for rent in the public right of way or other
public areas and was intended to allow for adequate pedestrian traffic flow, ensure public
safety and maintain public areas free of public nuisances.
On Sept. 18, 2020, Governor Newsom signed Assembly Bill 1286, enacting Civil Code Section
2505 effective Jan 1, 2021 (Exhibit 3). This code section requires shared mobility device
providers in operation before or after Jan. 1, 2021 to:
•Obtain a permit or agreement with the city in which they seek to operate before
distributing shared mobility devices over the area of use.
•Comply with all location operation, parking, maintenance and safety rules.
•Maintain commercial general liability insurance coverage with a carrier doing business in
California, with limits not less than $1 million for each occurrence for bodily injury or
property damage, including contractual liability, personal injury, product liability and
completed operations, and not less than $5 million in aggregate for all occurrences
during the policy period. The insurance shall not exclude coverage for injuries or
damages caused by the shared mobility service provider to the shared mobility device
user.
Nov. 2, 2021 Item #7 Page 1 of 30
The law does not allow exclusion of coverage for injuries or damages the provider causes to the
user. If the city allows a provider to operate within the city, it must adopt rules for the
operation, parking and maintenance of devices by ordinance, agreement or permit terms
before the provider may offer the device for rent or use within the city.
The revisions proposed by staff to Chapter 10.60 - Shared Mobility Devices (shown in Exhibit 1)
incorporate the changes in state law made by AB 1286. With these revisions, the Shared
Mobility Ordinance will continue to prohibit the rental of shared mobility devices such as
scooters, e-bikes and other similar personal transportation devices from public property
through dockless or docked device storage methods.
However, an additional definition has been added that will allow the rental of shared mobility
devices from business locations outside of the public right of way, such as e-bike rental shops
with physical locations in the city and e-bike rental delivery vendors who deliver e-bikes for
rental directly to the consumers on private property through use of an online app or web site.
In addition, as required by AB 1286, a draft agreement between the city and a shared mobility
service provider is included in the ordinance and provided as Exhibit 4.
Traffic & Mobility Commission Review
On Oct. 4, 2021, the Traffic and Mobility Commission supported staff’s recommendation to City
Council to amend Carlsbad Municipal Code, Title 10.60 - Shared Mobility Devices. The draft
minutes of this meeting are attached as Exhibit 5.
Fiscal Analysis
Several departments are currently involved with oversight, and would be potentially tagging
and impounding shared mobility devices found in violation of this ordinance. Those
departments include the City Attorney’s Office, Public Works, Community Development and
Police. The city’s current adopted budget provides the necessary resources to support this
ordinance as revised.
Next Steps
Staff will return to the City Council on Nov. 16, 2021, for a second reading and adoption. The
Shared Mobility Ordinance will then become effective 30 days after the City Council adopts it.
Environmental Evaluation (CEQA)
This action does not require environmental review because it does not constitute a “project”
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 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.
Public Notification
This item was noticed in keeping with the Ralph M. Brown Act and it was available for public
viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1.City Council ordinance
2.Existing Carlsbad Municipal Code, Chapter 10.60 Shared Mobility
Devices
3.Assembly Bill 1286
Nov. 2, 2021 Item #7 Page 2 of 30
4. Draft shared mobility device rental agreement
5. Draft Traffic & Mobility Commission Oct. 4, 2021, meeting minutes
Nov. 2, 2021 Item #7 Page 3 of 30
ORDINANCE NO. CS-410
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CHAPTER 10.60 OF THE CARLSBAD MUNICIPAL
CODE REGARDING SHARED MOBILITY DEVICES
EXHIBIT 1
WHEREAS, shared mobility devices provide alternative modes of transportation that can reduce
vehicular traffic and parking demands, reduce greenhouse gases consistent with the City of Carlsbad's
Climate Action Plan, and that can facilitate implementation of the city's Mobility Element, Coastal
Mobility Readiness Plan, and the Village & Barrio Master Plan and Parking Plan; and
WHEREAS, on May 21, 2019, the City Council adopted Ordinance CS-354 which added Chapter
10.60 to the Carlsbad Municipal Code to regulate shared mobility devices occupying the public right-
of-way and other public areas to ensure adequate pedestrian traffic flow and public safety, and to
maintain public areas free of public nuisances; and
WHEREAS, state law requires a city to adopt operation, parking, and maintenance rules, and an
agreement between shared mobility service providers and the city, regarding the use of the shared
mobility devices in its jurisdiction before a shared mobility device provider may offer shared mobility
devices for rent or use within its jurisdiction; and
WHEREAS, the agreement between shared mobility service providers and the city shall be in a
form as prescribed by the city attorney, who may update the form of this agreement based on
applicable state law, and the city manager, or designee, is authorized to sign this agreement on behalf
of the city; and
WHEREAS, the City Council wishes to amend Chapter 10.60 to impose basic safety and insurance
requirements on properly-licensed shared mobility device providers to meet statewide standards and
regulate the operation of shared mobility device providers by requiring that rental of shared mobility
devices occur on private property; and
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
1. The above recitations are true and correct.
2. Carlsbad Municipal Code Chapter 10.60 is amended to read as follows:
Nov. 2, 2021 Item #7 Page 4 of 30
Chapter 10.60
SHARED MOBILITY DEVICES
Sections:
10.60.010 Purpose.
10.60.020 Definitions.
10.60.030 Prohibited conduct.
10.60.040 Shared Mobility Service Provider Agreement; Indemnity and Insurance
Requirements.
10.60.050 Impoundment of devices.
10.60.060 Administrative regulations.
10.60.070 Post summary abatement hearing procedures.
10.60.080 Enforcement.
10.60.090 Severability.
10.60.010 Purpose.
The purpose of this chapter is to declare that, unless specifically permitted by this code, shared
mobility devices are prohibited from constituting a public nuisance and from being abandoned or
placed for rent in the public right-of-way or other public areas, so as to allow for adequate pedestrian
traffic flow, ensure public safety, and to maintain public areas free of public nuisances.
The City of Carlsbad is host to many visitors and residents who have a need for transportation to
various destinations in the city. One of the means to accommodate this demand for transportation is
through shared mobility devices. The ability of visitors and residents to access the various areas of the
city is important to the enjoyment of the community and to the local economy. The purpose of this
chapter is to balance these transportation demands and needs of the public with consumer
protection and public safety concerns. The purpose of this chapter is to (1) impose basic safety and
insurance requirements on properly-licensed shared mobility device providers to meet statewide
standards and (2) regulate the operation of shared mobility device providers by requiring that rental
of shared mobility devices occur on private property.
10.60.020 Definitions.
For the purposes of this chapter, the following definitions apply:
“Abandon” means leaving a shared mobility device unattended in the public right-of-way upon
termination of a shared mobility device rental use.
“City manager” means the city manager or authorized designee.
“Enforcement official” means any city employee or agent of the city with the authority to enforce any
provision of the municipal code.
Nov. 2, 2021 Item #7 Page 5 of 30
“Imminent life safety hazard” means any condition which creates a present, extreme and immediate
danger to life, property, health or public safety.
“Operator” means a person who manages, owns, or operates a shared mobility device business.
“Person” means any natural person, firm, association, business, trust, organization, corporation,
partnership, company, or any other entity, which is recognized by law as the subject of rights
or duties.
“Public area” means any outdoor area that is open to the members of the public for public use,
whether owned or operated by the city or a private party.
“Public nuisance” has the same meaning as in Section 6.16.010 which includes, but is not limited to,
obstructing travel upon or blocking access to the public right-of-way and posing an imminent
life safety hazard.
“Public right-of-way” means any public alley, parkway, public transportation path, roadway, sidewalk
or street that is owned, granted by easement, operated or controlled by the city.
“Shared mobility device” has the same meaning as in California Civil Code Section 2505, as it may be
amended from time to time.
“Shared mobility service provider” has the same meaning as in California Civil Code Section 2505, as it
may be amended from time to time.
10.60.030 Prohibited conduct.
Notwithstanding any other provision of this code, no person may:
A. Display, offer or make available for rent any shared mobility device in any public area
or public right-of-way;
B. Display, offer or make available for rent any shared mobility device in any public area
or public right-of-way via a digital application or other electronic or digital platform.
C. Abandon a shared mobility device in the public right-of-way or a public area; or
D. Park, leave standing, leave lying, or otherwise place a shared mobility device in the
public right-of-way or a public area in a manner that constitutes a public nuisance.
Excepted from this subsection are shared mobility device providers who display, offer or make
available for rent any shared mobility device on private property via a digital application or other
electronic or digital platform if shared mobility device users pickup and return shared mobility
devices on private property.
10.60.040 Shared Mobility Service Provider Agreement; Indemnity and Insurance
Requirements.
Nov. 2, 2021 Item #7 Page 6 of 30
A. Before distribution of a shared mobility device, a shared mobility service provider shall enter
into an agreement with the city. The agreement shall be in a form as prescribed by the city attorney
and shall include, but not be limited to, all requirements of California Civil Code Section 2505. The city
attorney may update the form of the agreement based on any amendments to California Civil Code
Section 2505, or any other provision of law affecting shared mobility devices. The city manager, or
designee, is authorized to sign agreements required by this section on behalf of the city.
B. Shared mobility service providers shall maintain commercial general liability insurance
coverage with a carrier doing business in California, with limits not less than one million dollars
($1,000,000) for each occurrence for bodily injury or property damage, including contractual liability,
personal injury, and product liability and completed operations, and not less than five million dollars
($5,000,000) aggregate for all occurrences during the policy period. The insurance shall not exclude
coverage for injuries or damages caused by the shared mobility service provider to the shared
mobility device user.
C. The cancellation of any insurance policy required by this section constitutes a violation of this
subsection 10.60.040 and all shared mobility service provider operations shall cease. In order to cure
a violation of this subsection, the shared mobility service provider shall provide the city manager, or
designee, with a new, valid certificate and policy of insurance that satisfies the requirements of this
subsection 10.60.040.
10.60.050 Impoundment of devices.
A. In accordance with California Government Code Section 38771 et seq., any shared mobility
device that is in violation of this chapter shall constitute a public nuisance and shall be subject to
immediate impoundment by the city manager without prior notice.
B. As soon as practicable, the city manager shall provide written notice of the impoundment to
the operator. An operator shall retrieve its impounded shared mobility device within 72 hours of
written notice from the city manager.
D. No operator may retrieve any impounded shared mobility device from the city except upon
demonstrating proper proof of ownership of the device and payment of any applicable impound fees.
E. The city council may adopt impound fees by resolution, which shall reflect the city’s
enforcement, investigation, administration, storage and impound costs. Operators shall bear the
city’s costs through a fee charged on any impounded shared mobility device.
F. Any shared mobility device not retrieved from the city within 30 calendar days of being
impounded shall be deemed unclaimed property and may, in the city manager’s discretion, be
destroyed or auctioned in accordance with applicable state and local law. A pending post summary
abatement hearing under Section 10.60.060 tolls the operation of this section.
G. The foregoing provisions do not limit the city’s authority to otherwise impound shared
mobility devices in accordance with the California Vehicle Code.
Nov. 2, 2021 Item #7 Page 7 of 30
10.60.060 Post summary abatement hearing procedures.
A. The operator of a shared mobility device that has been impounded in accordance with Section
10.60.050 may request a post summary abatement hearing. The request must be submitted in writing
to the city manager within 10 calendar days of the date of the city manager’s written notice of
impoundment.
B. The city manager shall schedule a post summary abatement hearing not less than 15 days and
not more than 60 days from the date of the operator’s written request.
C. A notice of the post summary abatement hearing shall be served on the operator at least ten
calendar days prior to the date of the hearing. The notice of hearing shall be served by any of the
methods of service listed in Section 1.10.040.
D. The post summary abatement hearing shall be conducted by an administrative hearing officer
in accordance with the following provisions:
1. The failure of any recipient of an impoundment notice to appear at the hearing shall
constitute a failure to exhaust administrative remedies.
2. An operator’s failure to file an appeal shall constitute a waiver of any rights to an
administrative determination of the merits of the impoundment notice and the amount of the
impoundment fees.
3. At the hearing, the operator shall be given the opportunity to testify and to present
evidence concerning the impoundment notice.
4. The impoundment notice and any additional report submitted by the 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 enforcement officer or the operator 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 the hearing officer’s
reasons for upholding or canceling the impoundment notice. A written copy of the
administrative hearing officer’s decision shall be provided to the operator.
7. The administrative hearing officer may assess the city’s reasonable administrative
costs, including any impound 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.
Nov. 2, 2021 Item #7 Page 8 of 30
E. The administrative hearing officer’s decision is the final administrative remedy without further
administrative appeals.
10.60.070 Administrative regulations.
The city manager may adopt administrative regulations that are consistent with and that further the
terms and requirements set forth within this chapter. All such administrative regulations must be in
writing.
10.60.080 Enforcement.
Violation of any provision of this chapter is punishable pursuant to chapter 1.08 of this code, or by
the administrative code enforcement remedies of chapter 1.10 of this code.
10.60.090 Severability.
If any portion of this chapter, or its application to particular persons or circumstances, is held to be
invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall
not affect the validity of the remaining portions of this chapter or the application of the chapter to
persons or circumstances not similarly situated.
Nov. 2, 2021 Item #7 Page 9 of 30
EXHIBIT I
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 2nd day
of November ~021, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ ~ 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Nov. 2, 2021 Item #7 Page 10 of 30
ORDINANCE NO. CS-354
AN ORDINANCE . OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE TITLE 10, BY ADDING
CHAPTER 10.60 REGARDING SHARED MOBILITY DEVICES
Exhibit 1
WHEREAS, shared mobility devices provide alternative modes of transportation that can reduce
vehicular traffic and parking demands, reduce greenhouse gases consistent with the City of Carlsbad's
Climate Action Plan, and that can facilitate implementation of the city's Mobility Element, Coastal
Mobility Readiness Plan, and the Village & Barrio Master Plan and Parking Plan; and
WHEREAS, the San Diego County region has experienced aggressive deployment by multiple
vendors of shared mobility devices, which include bicycles and scooters which run on electricity or are
propelled by the user; and
WHEREAS, absent a sufficient regulatory framework, the proliferation of shared mobility
devices presents serious safety concerns for pedestrians, bicyclists and drivers by creating hazards in
the public right-of-way and other public areas that impede circulation and paths of travel; and
WHEREAS, such devices have been involved in a number of traffic accidents in the San Diego
County region, some of which have resulted in serious injuries or death; and
WHEREAS, although the California Vehicle Code allows the City of Carlsbad to cite shared
mobility device users and to impound devices in certain circumstances, supplemental local legislation
is desirable to provide more comprehensive regulations; and
WHEREAS, the proposed ordinance would regulate shared mobility devices occupying the
public right-of-way and other public areas to ensure adequate pedestrian traffic flow and public safety,
and to maintain public areas free of public nuisances.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows
that:
SECTION I: The above recitations are true and correct.
SECTION II: Carlsbad Municipal Code Chapter 10.60 is amended to read as follows:
May 21, 2019 Item #6 Page 2 of 7
Nov. 2, 2021 Item #7 Page 11 of 30
Exhibit 2
Sections:
10.60.010
10.60.020
10.60.030
10.60.040
10.60.050
10.60.060
10.60.070
10.60.080
10.60.010
Purpose.
Definitions.
Chapter 10.60
SHARED MOBILITY DEVICES
Prohibited conduct.
lmpoundment of devices.
Administrative regulations.
Post summary abatement hearing procedures.
Enforcement.
Severability.
Purpose.
The purpose of this chapter is to declare that, unless specifically permitted by this Code, shared
mobility devices are prohibited from constituting a public nuisance and from being abandoned or
placed for rent in the public right-of-way or other public areas, so as to allow for adequate pedestrian
traffic flow, ensure public safety, and to maintain public areas free of public nuisances.
10.60.020 Definitions.
For the purposes of this chapter, the following definitions apply:
"Abandon" means leaving a shared mobility device unattended in the public right-of-way upon
termination of a shared mobility device rental use.
"City Manager" means the city manager or authorized designee.
"Enforcement official" means any city employee or agent of the city with the authority to enforce any
provision of the municipal code.
"Imminent life safety hazard" means any condition which creates a present, extreme and immediate
danger to life, property, health or public safety.
"Operator" means a person who manages, owns, or operates a shared mobility device business.
"Person" means any natural person, firm, association, business, trust, organization, corporation,
partnership, company, or any other entity, which is recognized by law as the subject of rights
or duties.
"Public area" means any outdoor area that is open to the members of the public for public use,
whether owned or operated by the city or a private party.
"Public nuisance" means any condition caused, maintained or permitted to exist that constitutes a
threat to the public's health, safety and welfare, which includes, but is not limited to,
May 21, 2019 Item #6 Page 3 of 7
Exhibit 1
Nov. 2, 2021 Item #7 Page 12 of 30
obstructing travel upon or blocking access to the public right-of-way and posing an imminent
life safety hazard.
"Public right-of-way" means any public alley, parkway, public transportation path, roadway, sidewalk
or street that is owned, granted by easement, operated or controlled by the city.
"Shared mobility device" means any wheeled transportation device, other than an automobile or
motorcycle, by which a person can be propelled, moved, or drawn; is accessed via an on-
demand portal, whether a smartphone application, membership card, or similar method; is
displayed, placed or offered for rent in any public area or public right-of-way by an operator
for shared use by members of the public; and is available to members of the public in
unstaffed, self-service locations.
10.60.030 Prohibited conduct.
Notwithstanding any other provision of this code, no person may:
A. Display, offer or make available for rent any shared mobility device in the city;
B. Abandon a shared mobility device in the public right-of-way or a public area; or
C. Park, leave standing, leave lying, or otherwise place a shared mobility device in the
public right-of-way or a public area in a manner that constitutes a public nuisance.
10.60.040 lmpoundment of devices.
A. In accordance with Government Code section 38771 et seq., any shared mobility device that is
in violation of this chapter shall constitute a public nuisance and shall be subject to immediate
impoundment by the city manager without prior notice.
B. As soon as practicable, the city manager shall provide written notice of the impoundment to
the operator. An operator shall retrieve its impounded shared mobility device within 72 hours of
written notice from the city manager.
D. No operator may retrieve any impounded shared mobility device from the city except upon
demonstrating proper proof of ownership of the device and payment of any applicable impound fees.
E. The city council may adopt impound fees by resolution, which shall reflect the city's
enforcement, investigation, administration, storage and impound costs. Operators shall bear the
city's costs through a fee charged on any impounded shared mobility device.
F. Any shared mobility device not retrieved from the city within 30 calendar days of being
impounded shall be deemed unclaimed property and may, in the city manager's discretion, be
destroyed or auctioned in accordance with applicable state and local law. A pending post summary
abatement hearing under Section 10.60.050 tolls the operation of this section.
May 21, 2019 Item #6 Page 4 of 7
Exhibit 1
Nov. 2, 2021 Item #7 Page 13 of 30
G. The foregoing provisions do not limit the city's authority to otherwise impound shared
mobility devices in accordance with the State Vehicle Code.
10.60.050 Post summary abatement hearing procedures.
A. The operator of a shared mobility device that has been impounded in accordance with Section
10.60.040 may request a post summary abatement hearing. The request must be submitted in writing
to the city manager within 10 calendar days of the date of the city manager's written notice of
impoundment.
B. The city manager shall schedule a post summary abatement hearing not less than 15 days and
not more than 60 days from the date of the operator's written request.
C. A notice of the post summary abatement hearing shall be served on the operator at least ten
calendar days prior to the date of the hearing. The notice of hearing shall be served by any of the
methods of service listed in Section 1.10.040.
D. The post summary abatement hearing shall be conducted by an administrative hearing officer
in accordance with the following provisions:
1. The failure of any recipient of an impoundment notice to appear at the hearing shall
constitute a failure to exhaust their administrative remedies.
2. An operator's failure to file an appeal shall constitute a waiver of any rights to an
administrative determination of the merits of the impoundment notice and the amount of the
impoundment fees.
3. At the hearing, the operator shall be given the opportunity to testify and to present
evidence concerning the impoundment notice.
4. The impoundment notice and any additional report submitted by the 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 enforcement officer or the operator 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 their reasons for
upholding or canceling the impoundment notice. A written copy of the administrative hearing
officer's decision shall be provided to the operator.
7. The administrative hearing officer may assess the city's reasonable administrative
costs, including any impound 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
May 21, 2019 Item #6 Page 5 of 7
Exhibit 1
Nov. 2, 2021 Item #7 Page 14 of 30
inspection of the violations, sending notices, and for preparing and attending any appeal
hearing.
G. The administrative hearing officer's decision is the final administrative remedy without further
administrative appeals.
10.60.060 Administrative regulations.
The city manager may adopt administrative regulations that are consistent with and that further the
terms and requirements set forth within this chapter. All such administrative regulations must be in
writing.
10.60.070 Enforcement.
Violation of any provision of this chapter is punishable pursuant to chapter 1.08 of this code, or by
the administrative code enforcement remedies of chapter 1.10 of this code.
10.60.080 Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held
invalid, the remainder of the chapter and the application of the provision to other persons not
similarly situated or to other circumstances shall not be affected thereby.
May 21, 2019 Item #6 Page 6 of 7
Exhibit 1
Nov. 2, 2021 Item #7 Page 15 of 30
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 14th
day of May 2019, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 21st day of May 2019, by the following vote, to wit:
AYES:
NAYS:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
ABSENT: Hamilton.
APPROVED AS TO FORM AND LEGALITY:
fU & w~ ,,-w, .. ,:;., ""'9r t11~ "1-f'--,
CELIA A. BREWER, City Attorney
(SEAL)
May 21, 2019 Item #6 Page 7 of 7
Exhibit 1
Nov. 2, 2021 Item #7 Page 16 of 30
Exhibit 3
Assembly Bill No. 1286
CHAPTER 91
An act to add Title 10.1 (commencing with Section 2505) to Part 4 of Division 3 of the Civil
Code, relating to mobility devices.
[Approved by Governor September 18, 2020. Filed with Secretary of State September 18, 2020.]
legislative counsel’s digest
AB 1286, Muratsuchi. Shared mobility devices: agreements.
Existing law regulates contracts for particular transactions, including those in which one person
agrees to give to another person the temporary possession and use of personal property, other
than money for reward, and the latter agrees to return the property to the former at a future
time.
This bill would require a shared mobility service provider, as defined, to enter into an
agreement with, or obtain a permit from, the city or county with jurisdiction over the area of
use. The bill would require that the provider maintain a specified amount of commercial
general liability insurance in a user agreement before distributing a shared mobility device
within that jurisdiction. The bill would define shared mobility device to mean an electrically
motorized board, motorized scooter, electric bicycle, bicycle, or other similar personal
transportation device, except as provided.
This bill would require a city or county that authorizes a shared mobility device provider to
operate within its jurisdiction on or after January 1, 2021, to adopt operation, parking, and
maintenance rules, as provided, regarding the use of the shared mobility devices in its
jurisdiction before the provider may offer shared mobility devices for rent or use. The bill would
require a city or county that authorized a provider to operate within its jurisdiction before
January 1, 2021, and continues to provide that authorization to adopt operation, parking, and
maintenance rules, as provided, by January 1, 2022.
The people of the State of California do enact as follows:
SECTION 1. Title 10.1 (commencing with Section 2505) is added to Part 4 of Division 3 of the
Civil Code, to read:
TITLE 10.1. SHARED MOBILITY DEVICES
2505. (a) For purposes of this title:
(1) “Shared mobility device” means an electrically motorized board as defined in Section 313.5
of the Vehicle Code, motorized scooter as defined in Section 407.5 of the Vehicle Code, electric
bicycle as defined in Section
92
Nov. 2, 2021 Item #7 Page 17 of 30
Exhibit 3
Ch. 91 — 2 —
312.5 of the Vehicle Code, bicycle as defined in Section 231 of the Vehicle Code, or other similar
personal transportation device, except as provided in subdivision (b) of Section 415 of the
Vehicle Code, that is made available to the public by a shared mobility service provider for
shared use and transportation in exchange for financial compensation via a digital application
or other electronic or digital platform.
(2) “Shared mobility service provider” or “provider” means a person or entity that offers, makes
available, or provides a shared mobility device in exchange for financial compensation or
membership via a digital application or other electronic or digital platform.
(b) Before distribution of a shared mobility device, a shared mobility service provider shall enter
into an agreement with, or obtain a permit from, the city or county with jurisdiction over the
area of use. The agreement or permit shall, at a minimum, require that the shared mobility
service provider maintain commercial general liability insurance coverage with a carrier doing
business in California, with limits not less than one million dollars ($1,000,000) for each
occurrence for bodily injury or property damage, including contractual liability, personal injury,
and product liability and completed operations, and not less than five million dollars
($5,000,000) aggregate for all occurrences during the policy period. The insurance shall not
exclude coverage for injuries or damages caused by the shared mobility service provider to the
shared mobility device user.
(c) (1) A city or county that authorizes a provider to operate within its jurisdiction on or after
January 1, 2021, shall adopt rules for the operation, parking, and maintenance of shared
mobility devices before a provider may offer any shared mobility device for rent or use in the
city or county by any of the following:
(A) Ordinance.
(B) Agreement.
(C) Permit terms.
(2) A city or county that authorized a provider to operate within its jurisdiction before January
1, 2021, and continues to provide that authorization shall adopt rules for the operation,
parking, and maintenance of shared mobility devices by January 1, 2022, by any of the
following:
(A) Ordinance.
(B) Agreement.
(C) Permit terms.
(3) A provider shall comply with all applicable rules, agreements, and permit terms established
pursuant to this subdivision.
(d) Nothing in this section shall prohibit a city or county from adopting any ordinance or
regulation that is not inconsistent with this title.
SEC. 2. The provisions of this act are severable. If any provision of this act or its application is
held invalid, that invalidity shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
O 92
Nov. 2, 2021 Item #7 Page 18 of 30
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City Attorney Approved Version 6/12/18 1
AGREEMENT FOR SHARED MOBILITY DEVICE RENTAL SERVICES (INSERT NAME OF CONTRACTOR) AND THE CITY OF CARLSBAD THIS AGREEMENT is made and entered into as of the ______________ day of
_________________________, 20___, between the CITY OF CARLSBAD, a municipal corporation, ("City"), and ______________________________, a _______________, ("Contractor"). RECITALS A. Civil Code section 2505 and Carlsbad Municipal Code chapter 10.60 require the City to execute this Agreement with Contractor to prescribe the rules for the operation, parking, and maintenance of shared mobility devices. B. Contractor provides shared mobility device rental services within the City of Carlsbad. C. Contractor has a valid City business license to provide such rental services to the public.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF SERVICES Contractor shall follow all requirements provided in Carlsbad Municipal Code Chapter 10.60 when renting shared mobility devices to the public (the "Services"). The Services are further described
and defined in attached Exhibit “A”, which is incorporated by this reference in accordance with this Agreement’s terms and conditions. Before providing the Services to the public, Contractor shall provide shared mobility device users with a fact sheet, attached hereto as Exhibit “B”, and shared mobility device users shall acknowledge receipt of the fact sheet to Contractor before using shared mobility devices. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise.
3. TERM The term of this Agreement shall be effective for as long as Contractor provides shared mobility
device rentals to the public. Consistent with Section 7 below, the City may terminate the term of this Agreement if Contractor’s policy of insurance expires or lapses. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION Neither the City nor Contractor shall pay each other compensation during the term of this Agreement.
6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
Nov. 2, 2021 Item #7 Page 19 of 30
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under control of City only as to the result to be accomplished by Civil Code section 2505, or any other applicable provision of law, but will consult with City as necessary to satisfy these legal
requirements. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes.
No payments shall be made from the City to Contractor in connection with this Agreement. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor shall be solely liable for making any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment to its agents, employees, or subcontractors for Contractor’s Services provided under this Agreement. 7. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Contractor or Contractor’s agents, representatives, employees or subcontractors. Contractor shall obtain commercial general liability insurance coverage with a carrier doing business in California, with limits not less
than one million dollars ($1,000,000) for each occurrence for bodily injury or property damage, including contractual liability, personal injury, and product liability and completed operations, and not less than five million dollars ($5,000,000) aggregate for all occurrences during the policy
period. The insurance shall not exclude coverage for injuries or damages caused by the shared mobility service provider to the shared mobility device user.
7.1 Notice. This insurance will be in force during the term of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 7.2 Submission of Insurance Policies. Before City's execution of this Agreement, Contractor shall furnish certificates of insurance and endorsements to City. Thereafter, City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 7.3 Failure to Maintain Coverage. If Contractor’s required insurance expires, lapses, or if Contractor otherwise fails to maintain any of these insurance coverages during the term of the
Agreement, then City may declare Contractor in material breach of this Agreement and in violation of Carlsbad Municipal Code Chapter 10.60. In such instance:
7.3.1 The City may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from
Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 7.3.2 The City Manager, or designee, shall notify Contractor and request a new, valid certificate and policy of insurance to the satisfaction of the City Manager, or designee, within 30 days from the date of the notice. If Contractor fails to provide the required insurance within that 30-day period, the city may terminate the Agreement pursuant to Section 14.
8. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time.
Nov. 2, 2021 Item #7 Page 20 of 30
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9. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement.
For City For Contractor
Name Nathan Schmidt Name
Title Transportation Planning and Mobility Manager Title
Department Transportation Address
City of Carlsbad
Address 1635 Faraday Ave. Phone No.
Carlsbad, CA 92008 Email
Phone No. 760-602-2734 Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address. 10. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No 11. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 12. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 13. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both
x
Nov. 2, 2021 Item #7 Page 21 of 30
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parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 14. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, or provide insurance that satisfies the requirements of Section 7, the City Manager, or designee, may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. Either party upon tendering thirty (30) days’ written notice to the other party may terminate this Agreement. In this event, the City Manager, or designee, may terminate this Agreement on behalf of City.
15. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 16. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county. 17. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 18. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, embody the entire Agreement and understanding between the parties relating to the subject matter of it. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.
Nov. 2, 2021 Item #7 Page 22 of 30
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19. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California
By: By:
(sign here) SCOTT CHADWICK
City Manager
(print name/title)
ATTEST:
By:
(sign here) FAVIOLA MEDINA
City Clerk Services Manager
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY: _____________________________ Assistant City Attorney
Nov. 2, 2021 Item #7 Page 23 of 30
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EXHIBIT “A” SCOPE OF SERVICES
[Insert description of services Contractor provides within City]
Nov. 2, 2021 Item #7 Page 24 of 30
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EXHIBIT “B” Fact Sheet
Nov. 2, 2021 Item #7 Page 25 of 30
Council Chambers
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Tuesday, Oct. 4, 2021, 4 p.m.
CALL TO ORDER: Chair Perez called the Meeting to order at 4 p.m.
ROLL CALL: Present: Perez, Linke, Penseyres, Fowler and Coelho
PLEDGE OF ALLEGIANCE: Chair Perez led the Pledge of Allegiance
This meeting was conducted virtually via Zoom due to the stay-at-home order for COVID-19.
APPROVAL OF MINUTES:
Motion by Commissioner Coelho, seconded by Vice-Chair Linke to approve the minutes for the Sept. 7,
2021, meeting as presented.
Motion carried: 5/0
ACTION:
Motion by Chair Perez, seconded by Vice-Chair Linke to move Item 5 - Discussion on AB 361 Regarding
City Council Direction to Continue Virtual Public Meeting and Consideration of Revising the Traffic and
Mobility Commission Start Time to 3 p.m. While Meetings are Being Held in a Virtual Format to be the
first presentation before the Approval of Minutes.
Motion carried: 5/0 – Two vacancies on the T&MC
1.DISCUSSION ON AB 361 REGARDING CITY COUNCIL DIRECTION TO CONTINUE VIRTUAL PUBLIC
MEETINGS AND CONSIDERATION OF REVISING THE T&MC MEETING START TIME TO 3 P.M. WHILE
MEETINGS ARE BEING HELD IN A VIRTUAL FORMAT – (Staff Contact: Sheila Cobian and Nathan
Schmidt, Legislative and Constituent Services Director and Public Works)- Receive an overview of the
provisions of Assembly Bill 361 and continue virtual public meetings starting at 3 p.m. until City Council
direct staff to resume in-person public meetings.
Staff’s Recommendation: Receive a presentation and vote on the change of meeting time
Legislative and Constituent Services Director Cobian presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
ACTION:
Motion by Vice-chair Linke, seconded by Commissioner Penseyres to change the Traffic and
Mobility Commission meeting time to 3 p.m. while meetings are being held in a virtual format.
Motion carried: 5/0
EXHIBIT 5
Nov. 2, 2021 Item #7 Page 26 of 30
PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA: None
CONSENT CALENDAR: This item was pulled for discussion by Commissioner Penseyres
2. PARK DRIVE STREET AND DRAINAGE IMPROVEMENTS PROJECT - Support staff’s recommendation to implement proposed street improvements on Park Drive from Marina Drive to Bayshore Drive as part of the Park Drive Street and Drainage Improvements Project, Capital Improvement Program (CIP) Project No. 6611 (Project). (Staff Contact: Hossein Ajideh and Daniel Zimny)
PUBLIC COMMENT ON ITEM 3: None
DISCUSSION:
Commissioner Penseyres wants to discuss the addition of Class II bike lanes for about 600 feet from Park
Drive to Bayshore Drive. The existing bike lanes are too narrow and are in the car door opening zone. At
this location, the street is not wide enough to provide a bike buffer and the parking lane puts the
bicyclist into a place where they are not seen by people coming out of driveways. He recommends that
instead of adding more bike lanes, they do not add them and add sharrows instead. The other option is
to add a buffered bike lane on one side, move the center line over, and add a sharrow on the other side.
Engineering Manager Ajideh appreciates the good comments. Staff proposed this small bike lane
extension until the road is resurfaced and they can bring forward a more comprehensive evaluation of
the entire area. The focus of this project is drainage.
City Traffic Engineer Kim said that staff can revise the plans and have the new bike lanes removed. A
more strategic approach can be employed when the street is re-surfaced. ACTION:
Motion by Vice-chair Linke, seconded by Commissioner Penseyres to approve Consent Calendar Item 1 -
Park Drive Street and Drainage Improvements Project, except the addition of Class II bike lanes for
about 600 feet from Park Drive to Bayshore Drive.
Motion carried: 5/0
DEPARTMENTAL REPORTS:
3. POLICE MONTHLY REPORT – (Staff Contact: Sergeant Scott Merritt, Police Department)
Sergeant Merritt presented the report and reviewed a PowerPoint presentation (on file in the Office
of the City Clerk)
PUBLIC COMMENT ON ITEM 3: None
DISCUSSION:
Chair Perez inquired about the traffic circle at El Salto Falls Street at Marron Road, to understand that
segment and how it works.
City Traffic Engineer Kim said that they have been previously notified of concerns from Chair Perez. Staff
will take a look at the traffic circle to see if there is anything, they could do to clarify how to access the
traffic circle, in addition to the present signage, which is shown on the approved design plans.
Nov. 2, 2021 Item #7 Page 27 of 30
Commissioner Penseyres thanked Sergeant Merritt for the presentation and encourages the city to
continue doing positive educational outreach like the breathalyzer test. Sergeant Merritt agreed that
positive campaigns are good for the community and the Police Department.
Vice-chair Linke asked about the design of the traffic circle.
City Traffic Engineer Kim said that it is a full concrete curb and gutter traffic circle at Salto Falls Road and
Marron Road.
4. UPDATE ON TRAFFIC CONCERNS AT FARADAY AVENUE AND PALMER WAY – (Staff Contact: Miriam
Jim and John Kim, Public Works)
Staff’s Recommendation: Receive a presentation.
Senior Engineer Jim presented the report and reviewed a PowerPoint presentation (on file in the
Office of the City Clerk).
PUBLIC COMMENT ON ITEM 4: None
DISCUSSION:
City Traffic Engineer Kim noted that this is a follow up to an item that was brought to the Traffic and
Mobility Commission in April of this year. As requested, staff collected speed data and reviewed collision
data to evaluate the effectiveness of the new signage.
Commissioner Penseyres inquired about waiting until 2024 to complete another survey because if a
roadway is faster than 35 miles per hour you usually don’t want to use sharrows for the bicyclist.
City Traffic Engineer Kim said that the year 2024 is when the speed limit survey will expire per California
Vehicle Code requirements. Otherwise they can do the official speed survey and speed measurements
when they believe conditions have changed.
Vice-chair Linke, believes there is something in the code that if conditions are not readily apparent to
the driver you can move the speed limit five miles below the requirement. The consultant mentioned
that there were some awkward or dangerous movements and left turns, in addition to the presence of a
private driveway that might qualify for doing an official speed survey.
City Traffic Engineer Kim said based on commissioner comments they will take a closer look to see if
there is an opportunity to consider a reduction in speed.
5. AMEND CARLSBAD MUNICIPAL CODE, TITLE 10.60 SHARED MOBILITY DEVICES AND PROVIDE
FEEDBACK ON THE FUTURE OF SHARED MOBILITY DEVICES IN THE CITY - (Staff Contact: Edd Alberto
and Robby Contreras, Public Works and City Attorney)
Staff’s Recommendation: Support staff’s recommendation and provide input
Associate Engineer Alberto presented the report and reviewed a PowerPoint presentation (on file in
the Office of the City Clerk).
PUBLIC COMMENT ON ITEM 5: None
Nov. 2, 2021 Item #7 Page 28 of 30
DISCUSSION:
Commissioner Penseyres would like to know if the bicycle renters can sign an agreement to follow the
rules of the road. In particular, it is illegal to ride on any sidewalk.
Assistant City Attorney Contreras said that AB 1286 does not speak to that as a requirement. We could
go above and beyond what the law requires and insert it into the agreement. It could be a term in the
agreement between the city and the provider.
Transportation Planning and Mobility Manager Schmidt stated that the city could develop materials such
as a flyer of pamphlet that shared mobility providers could provide to all renters that explains the rules
of the road and requirements of the California Vehicle Code.
Assistant City Attorney Contreras wanted to clarify that businesses that were here before the passage of
AB 1286 were grandfathered in. As of January 1, 2022, these basic rules, these minimum requirements
for insurance will apply.
Vice-chair Linke agrees that staff should make these changes to meet the deadline. At the same time,
we should start exploring first mile last mile problems that are not being addressed. We are restricting
these devices to be only available at a bike shop and not were the people actually need it to solve the
first mile last mile problem.
Commissioner Fowler inquired why speed limits are not listed in the document.
Assistant City Attorney Contreras said that speed limits are provided in the California Vehicle Code. If
speed limits become a problem, we can always revisit the Ordinance and the agreement, as this is an
evolving area which is why the legislature AB 1286 was painted with a rather broad brushstroke.
Commissioner Penseyres agrees with Vice-chair Linke that he would really like to see us use this for the
first mile last mile trip. Since this topic came to the City Council, cities have greatly improved ways to
control where the people are allowed to ride, the speed, and parking via geofencing. If the bike is not
returned to the appropriate place, the meter via the credit card charge, keeps running. We need to take
a better look at being able to use these for the first mile last mile trip which could result in an improved
more effective TDM and reduction in greenhouse gases. The type of runaway and sidewalk clutter
problems that happened in San Diego, do not exist anymore to the same extent.
Chair Perez asked about other golf cart esq services, different types of shared mobility, and how that is
addressed.
Assistant City Attorney Contreras said that AB 1286 specifically states the cities make the rules for
operations, parking and maintenance. There is one business Pedego that has been here and will be
grandfathered in. A potential new business Cactus E-bikes is working with the city to qualify for a
business license and align with Carlsbad Municipal Code, Title 10.60. All businesses, even the ones
grandfathered in will need to provide the same minimum insurance requirements and follow the rules
of the road for operations, parking and maintenance. Staff will research what the City of San Diego is
doing for the golf cart esq services offered by Pedego in La Jolla.
Vice-chair Linke added the Neighborhood Electric Vehicles or NEV’s under the California Vehicle Code
can’t be on streets with speed limits higher than 25 miles per hour. Because of the width of the NEV,
they can’t fit in the bike lane, and are usually on their own dedicated street network. ACTION:
Motion by Vice-chair Linke, seconded by Commissioner Penseyres to support staff’s recommendation to
City Council to amend Carlsbad Municipal Code, Title 10.60 Shared Mobility Devices, and provide
feedback on the future of shared mobility devices in the city and include two more recommendations: 1)
Create a Fact Sheet with safety rules for the vendors to provide to renters as they use the shared
Nov. 2, 2021 Item #7 Page 29 of 30
mobility devices, and 2) Explore making shared mobility devices available on public property eliminating
public transit’s first mile/last mile problem.
Motion carried: 5/0 CITY TRAFFIC ENGINEER REPORT: City Traffic Engineer Comments: Attachment A City Traffic Engineer Kim notified the commissioners that the new street network in the vicinity of the aforementioned El Salto Falls Street traffic circle has been recently accepted by the city and that previously reported concerns of illegal parking in the bike lanes can now be enforced by the Police Department. TRAFFIC AND MOBILITY COMMISSION COMMENTS:
Vice-chair Linke inquired about the timing for reviewing items on the work plan and would like more
lead time to prepare for upcoming topics.
Transportation Planning and Mobility Manager Schmidt said that the Vehicle Miles Traveled VMT
Analysis Guidelines is on the December Agenda. The Multi-Model Level of Service point system is with
an ad-hock committee. Staff will add that to the November Agenda.
ADJOURNMENT:
Chair Perez adjourned the Traffic and Mobility Commission Meeting on Oct. 4, 2021, at 6:04 p.m.
___________________________ Eliane Paiva, Minutes Clerk
Nov. 2, 2021 Item #7 Page 30 of 30
Ordinance Amending
Chapter 10.60 - Shared
Mobility Devices
Nathan Schmidt, Transportation Planning and Mobility Manager
Robby Contreras, Assistant City Attorney
Nov. 2, 2021
{city of
Carlsbad
RECOMMENDED
ACTION
•Introduce ordinance amending Title 10,
Chapter 60 of the Carlsbad Municipal Code
regarding Shared Mobility Devices
2
{city of
Carlsbad
Item 7: Shared Mobility Ordinance Update
BACKGROUND
May 2019, city added Chapter 10.60 Shared Mobility Devices to the
Carlsbad Municipal Code (CMC)
•Prohibits shared mobility devices from being abandoned or placed
for rent in the public right-of-way
September 2020, Governor Newsom signed Assembly Bill 1286
•Requires shared mobility device operators to obtain permit or
agreement with city and to maintain insurance coverage
3
{city of
Carlsbad
Item 7: Shared Mobility Ordinance Update
CMC 10.60 SHARED MOBILITY DEVICES
•Defines shared mobility devices
•Regulates the placement, abandonment and offer of rental of
shared mobility devices in the public right-of-way
•Provides provisions for the impoundment of shared mobility
devices and the enforcement of this code section
4
{city of
Carlsbad
Item 7: Shared Mobility Ordinance Update
BIKE SHARE VS. BIKE RENTAL
Bike Share:
•Available from a network of docking stations typically within the
public right-of-way
•Designed for short trips (15-30 mins) so that riders can rent a bike
at one station and drop it off at another
•Stations located to connect key destinations, employment and
transit hubs
Bike Rental:
•Picked-up and returned to a single storefront location
•Appropriate for longer rides of 2 hours or more
5
{city of
Carlsbad
Item 7: Shared Mobility Ordinance Update
ASSEMBLY BILL 1286
•Requires a shared mobility device provider to obtain a permit or
agreement with the city in which it seeks to operate and to comply
with all location operation, parking, maintenance and safety rules
•Requires shared mobility device provider maintain commercial
general liability insurance coverage
6
{city of
Carlsbad
Item 7: Shared Mobility Ordinance Update
AMENDED CMC 10.60
•Addresses state legislation, AB 1286
•Continues to prohibit the rental of shared mobility devices from
public property
•Adds definition allowing the rental of e-bikes from business
locations outside of the public right-of-way
•Establishes an agreement between the city and the shared
mobility service provider
7
{city of
Carlsbad
SHARED MOBILITY DEVICE
RENTAL SERVICES AGREEMENT
Shared Mobility Device Rental Provider
Agreement; Operator Indemnity and
Insurance Requirements
Item 7: Shared Mobility Ordinance Update
8
AGREEMENT FOR ELECTRIC BICYCLE RENTAL SERVICES
(INSERT NAME OF CONTRACTOR) AND
THE CITY OF CARLSBD
THIS AGREEMENT is made and entered into as of the ______ day of
___________ , 20_, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and
("Contractor").
RECITALS
a
A. Civil Code section 2505 requires the City to execute this Agreement with
Contractor to prescribe the rules for the operation, parking, and maintenance of bicycles and
electric bicycles.
B. Contractor has provided bicycle and electric bicycle rental services since before
January 1, 2021.
C. Contractor has a valid City business license to provide such bicycle rental services
to the public.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
{city of
Carlsbad
Traffic and Mobility
Commission
At its meeting on Oct, 4, 2021, the Traffic
& Mobility Commission supported staff’s
recommendation to amend CMC, Title
10.60 –Shared Mobility Devices
Item 7: Shared Mobility Ordinance Update
9
{city of
Carlsbad
Item 7: Shared Mobility Ordinance Update
RECOMMENDED ACTION
•Based on staff’s findings and upon the recommendation
of the Traffic and Mobility Commission, staff recommend
amending Title 10, Chapter 60 of the Carlsbad Municipal
Code regarding Shared Mobility Devices
10
{city of
Carlsbad
Item 7: Shared Mobility Ordinance Update
QUESTIONS?
11
{city of
Carlsbad