HomeMy WebLinkAbout2022-10-11; City Council; ; Update on the City of Encinitas’ E-Bike Share Program CA Review _RMC_
Meeting Date: Oct. 11, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact:
Subject:
Districts:
Nathan Schmidt, Transportation Planning and Mobility Manager
nathan.schmidt@carlsbadca.gov, 442-339-2734
Update on the City of Encinitas’ E-Bike Share Program
All
Recommended Actions
Receive an informational report on the development and performance of the Encinitas E-Bike
Share Program.
Executive Summary
This report provides an update from the Oct. 19, 2021, presentation to the City Council on the
Future of Shared Mobility in Carlsbad that provided an overview of shared mobility services in
San Diego County. The City Council approved a motion at that meeting directing staff to review
the development of the City of Encinitas’ E-Bike Share Pilot Program and return to the City
Council in a year with this update on the operations and performance of the City of Encinitas’
program.
Discussion
Shared mobility device background
Micromobility is a relatively recent term that refers to short trips made via small, shared
devices available from multiple locations throughout the city. Previously, these trips were
commonly provided via taxis, then by providers such as Uber or Lyft. As shared mobility options
became more prevalent through smartphone apps, less expensive options such as bike share
and even scooter share programs became popular. Micromobility trips can often be substitutes
for walking or short vehicle trips.
In addition to being less expensive, bike share programs can also be appealing to cities because
they minimize vehicular congestion and parking. For every bike share trip, there is generally one
fewer car trip, which helps the city achieve the goals in its Climate Action Plan and to reduce
congestion on city streets. However, the convenience and popularity of these new
transportation modes bring issues that are new to most cities, such as where bikes and scooters
can legally operate and park.
Oct. 11, 2022 Item #11 Page 1 of 31
Various communities are experiencing problems with the use and misuse of such devices. These
issues include finding them parked in the public right-of-way and obstructing vehicle and
pedestrian access, reduced sidewalk area or parking spaces, urban clutter, aggressive
competition and oversupply, use of public land for private purposes, potential public liabilities,
conflicts between scooter users and pedestrians and drivers, and increased demand for
enforcement resources.
One of the reasons for these issues is that these devices have been launched in cities
throughout the United States without contracts, permits or business licenses. In other words,
these devices are operating without any oversight and/or regulations.
Encinitas’ E-Bike Share Program - Encinitas BCycle
The City of Encinitas’ bike share program is a service in which bikes are made available to the
public for shared use on a short-term basis, allowing users to borrow a bike at one bike share
station and return it either at the same station or a different station. The City of Encinitas
selected BCycle as the vendor to develop and manage a fully docked electric bike share
program for the city in accordance with Encinitas Ordinance 2019-02, Pilot Shared Mobility,
(Exhibit 1).
The initial launch of the program included approximately 100 electric pedal-assist bikes and
about 170 bike parking docks at 21 stations throughout the city. The contract with BCycle
includes a provision to deploy up to 250 bikes and 500 docks during the one-year pilot term,
which includes three optional one-year extensions. The docking station design and locations
were approved by the City of Encinitas and installed by BCycle in November 2021. The program
is fully operated and funded by the vendor BCycle, with no cost to the City of Encinitas.
Encinitas’ BCycle bike share program was officially launched in January 2022. Since this launch,
the system has seen modest but continual growth in rides per quarter. In the second quarter of
2022, there were 3,042 rides, an increase of over 40% from the first quarter of 2022. The
current membership includes 40 annual members and 136 monthly members. The most-used
stations include those at park destinations such as Glen Park and those in the downtown
commercial corridor.
BCycle is working with the City of Encinitas to receive approval to expand the system by the end
of the year with 10 new stations with 60 new docks and 35 new e-bikes. If approved, this would
bring the total system to 31 stations, 230 docks and 135 e-bikes.
See Exhibit 2 for additional performance metrics and third quarter goals for the program.
Additional details regarding the system with a map of the stations can be found on the City of
Encinitas’ website (at https://encinitas.bcycle.com).
Carlsbad’s mobility device ordinances
On May 21, 2019, the City Council adopted Ordinance No. CS-354 which added a chapter to the
Carlsbad Municipal Code governing shared mobility devices. Shared mobility devices include
motorized scooters and electric bikes that people can rent from areas in the public right-of-way
via dockless or docked systems. This ordinance, as detailed in CMC 10.60.010, prohibits these
devices from being abandoned or placed for rent in the public right-of-way or other public
areas to allow for adequate pedestrian traffic flow and maintain public safety.
Oct. 11, 2022 Item #11 Page 2 of 31
On Nov. 16, 2021, the City Council adopted Ordinance No. CS-410, Exhibit 3, to amend Chapter
10.60 to impose basic safety and insurance requirements on properly licensed shared mobility
device providers. This was done to meet statewide standards and regulate the operation of
shared mobility device providers by requiring that their rental occur on private property.
Fiscal Analysis
This is an informational report, with no fiscal impact.
Next Steps
Following the City Council’s receipt of this report, staff will continue to monitor the
performance of the City of Encinitas’ Bike Share Pilot Program. If the City of Encinitas meets its
goals and objectives through the planned expansion over the next year, staff will include an
update on the program in future semi-annual transportation reports.
Environmental Evaluation
This action does not constitute a project within the meaning of the California Environmental
Quality Act under 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 accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. City of Encinitas’ Pilot Shared Mobility Program Ordinance 2019-02
2. Encinitas’ BCycle Q2 Performance Data
3. Ordinance No. CS-410, Shared Mobility Devices
Oct. 11, 2022 Item #11 Page 3 of 31
Exhibit 1
Oct. 11, 2022 Item #11 Page 4 of 31
ORDINANCE 2019-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ENCINITAS, CALIFORNIA ADDING CHAPTER 9.55
TO THE ENCINITAS MUNICIPAL CODE REGARDING
PILOT SHARED MOBILITY PROGRAM
WHEREAS, the City of Encinitas (City) is committed to the long-range goal of
protecting the natural environment, increasing sustainability efforts, and improving
overall quality of life, and on January 17, 2018, the City Council unanimously approved
its final Climate Action· Plan (CAP), establishing a number of strategies to achieve
greenhouse gas (GHG) emissions reduction goals and targets, including facilitating
safe, convenient and affordable alternative transportation options;
WHEREAS, among various other goals, CAP Goal 4.1, supports the reduction of
vehicle miles travelled by supporting car sharing, bike sharing and other potential
shared mobility alternatives for the community;
WHEREAS, the City must also balance the benefits of shared mobility
alternatives with its obligation to protecting City as well as protecting the health, safety
and welfare of those who may use or may be impacted by the use of these shared
mobility alternatives on City, streets, roads, sidewalks, facilities and other public rights
of way, including, but is not limited to, City obligatio'ns to manage City risks arising from
these alternative mobility alternatives, ensure compliance with disability regulations,
maintain minimum widths for pedestrian usability in City business and commercial
corridors and overall preserve a safe, accessible and healthy transportation and
pedestrian environment within the City;
WHEREAS, it has become well publicized and reported that competing shared
mobility businesses have engaged in aggressive strategies to gain market share in
various public jurisdictions, including dropping undocked mobility devices (primarily
electric scooters) into local public rights of way, sometimes without municipal
knowledge, consultation, permission, ordinance or regulation in place;
WHEREAS, serious injuries to users and third party victims through use of these
mobility devices is reportedly on the increase, and accordingly, the City has concluded
that there is a need to appropriately assess and manage the safe and efficient operation
of the evolving mobility device business within the City;
WHEREAS, since these shared mobility devices are still a new, evolving and
untested mode of transportation within the City and since the City is unable to
accurately gauge the scope and scale of their impact on City until user experience and
impact can be assessed, the City adopts this Ordinance to establish a pilot bike share
program allowing a single bike share licensee to deploy unpowered bicycles and/or
Oct. 11, 2022 Item #11 Page 5 of 31
"Class 1" or "Class 2" electric powered bicycles within the City, subject to a negotiated
license agreement approved by City Council; and
WHEREAS, the City Council directs the City Manager or delegated staff to
monitor and assess the overall performance, safety and benefits of the pilot program
and provide City Council with a report approximately one (1) year after initial
deployment of licensed Bikes under the pilot program, including, but not limited to,
recommendations whether to maintain, modify, eliminate or expand City authorization of
the use of other shared mobility devices or other developing clean modes of
transportation. The report shall also address and recommend revisions to this
Ordinance, if applicable.
NOW THEREFORE, the City Council of the City of Encinitas does ordain as
follows:
Section 1. All of the above statements are true.
Section 2. The City Council finds that this action is not a project under the
California Environmental Quality Act ("CEQA") because there is no development or
physical change that would result from the adoption of this ordinance.
Section 3. Chapter 9.55 is added to Title 9 of the Encinitas Municipal Code and
shall read as follows:
Chapter 9.55 Pilot Bike Share Program
9.55.010 Purpose.
Consistent with the City's goals of enhancing mobility and access, easing traffic
congestion, promoting sustainability and achieving its Climate Action Plan goals, this
Chapter initiates a pilot Bike share program to evaluate the impact of shared mobility
alternatives within the City while ensuring the protection of the City and public health
and safety, including evaluating the safety of the public traveling by foot, bicycle or any
vehicle on public sidewalks, streets, other public rights-of-way and adjacent private
property.
9.55.020 Definitions.
(a) "Abandoned" shall mean leaving any item unattended for any length of time.
(b) "City Manager" shall mean the City Manager or his or her designee.
(c) "Operator" shall mean the person or business entity licensed by the City to
operate the Pilot Bike share Program pursuant to this Chapter.
(d) "Pilot Bike Share Program" shall mean a pilot program establishing a single
licensee under a license agreement to rent, use, locate, display, offer or place for rent
Oct. 11, 2022 Item #11 Page 6 of 31
unpowered bicycles and/or "Class 1" or "Class 2" electric bicycles within City
boundaries. The Pilot Bike Share Program requires the City Manager or delegated staff
to monitor and assess the overall performance, safety and benefits of the pilot program
and provide City Council with a report.
(e) "Public Area" shall mean any outdoor area that is open to the public for
public use, whether owned or operated by the City or a private party.
(f) "Public Right-of-Way" shall mean any public alley, parkway, public
transportation path, roadway, sidewalk, trails, pathways or street that is owned, granted
by easement, operated or controlled by the City. This includes, but is not limited to,
those private areas adjacent to public property and any area established under the City
"Sidewalk Cafe Policy", established by City Resolution 2011-56 and related zoning and
specific plan amendments.
(g) "Bike" shall mean a pedaled bicycle that is rented, used, located, displayed,
offered or placed for rent in any Public Area or Public Right-of-Way by Operator under a
City Council approved Operator license agreement. A Bike shall meet the safety
standards outlined in the International Standardization Organization (ISO) 43.150 -
Cycles; the standards outlined in Code of Federal Regulations Title 16, Chapter II,
Subchapter C, Part 1512 -Requirements for Bicycles; and the standards established in
CVC section 21201, including for lighting during operation, or equivalent recognized
standards and requirements. If powered, a Shared Mobility Device shall be limited to
"Class 1" or "Class 2" electric bicycles, as defined in California Vehicle Code (CVC)
Section 312.5.
(h) "Prohibited Mobility Device" shall mean any device other than a Bike by
which a person can be transported, propelled, moved or drawn, that is rented, used,
located, displayed, offered or placed for rent or use in any public area or public right-of-
way, except that a Prohibited Mobility Device does not include a rental car, taxi cab or
car matched through a peer-to-peer ridesharing application.
9.55.030 Administrative regulations.
(a) The City may at its discretion develop administrative regulations to
implement the provisions of this Chapter, which may include regulations relating to
lawful conduct, prohibited conduct, public safety, data sharing, data privacy and/or the
timely removal of hazards.
(b) No person shall fail to comply with the City's administrative regulations, if
adopted. Any violation of any administrative regulation issued pursuant to this Chapter
shall constitute a violation of this Code and shall subject the violator to the penalties set
forth in this Code.
Oct. 11, 2022 Item #11 Page 7 of 31
9.55.040 Prohibited conduct.
Notwithstanding any other provision of this Code, no person, including Operator, may:
(a) Deploy, drop, abandon, leave, dock or otherwise place or encourage the use
of any Prohibited Mobility Device within City Boundaries.
(b) Abandon or temporarily park any Pilot Bike Share Program Bike or
Prohibited Mobility Device, in the City Public Right-of-Way or a City Public Area in a
manner that: (1) obstructs travel upon or blocks access to a Public Area or Public Right-
of-Way; (2) violates ADA or any other disability access and path of travel laws,
requirements and/or regulations;(3) poses an immediate public safety hazard or
nuisance; or (4) is otherwise prohibited by applicable local, State or Federal laws or
administrative regulations; or
(c) Use or aid, abet or encourage the use of any Prohibited Mobility Device in
violation this Code or impair any license, permit, applicable law or administrative
regulation.
(d) This Ordinance is not intended to prohibit or limit the lawful private non-
commercial use, ownership or operation of a mobility device within City limits.
9.55.050 Pilot Bike Share Program Operator License.
(a) Under this Pilot Bike Share Program, the City Manager is authorized to
negotiate one (1) shared Pilot Bike Share Program Operator license authorizing a single
Operator to deploy Bikes within designated City locations.
(b) The City Manager may impose, as part of the Pilot Bike Share Program
Operator license issued, any and all conditions that are determined necessary to
effectuate the purposes of this Chapter, consider accessibility of any Public Area, Public
Right-of-Way and the availability of public space for shared use by all, and to protect
City and the health, welfare, and safety of the public.
(c) When presenting the negotiated Pilot Bike Share Operator license
agreement to City Council for approval, the City Manager shall report, in writing, the
reasons supporting the Operator License Agreement terms, conditions and Operator
selection.
(d) The number, location, technical requirements and mode(s) of Pilot Bike
Share Program Bikes and related applications shall be set forth in the negotiated
license agreement approved by City Council.
(e) At any time, in the City Council's discretion, the City Council may reassess
the approved Operator license agreement and its terms, consistent with the approved
agreement.
Oct. 11, 2022 Item #11 Page 8 of 31
(f) The City Council approved Pilot Bike Share Program Operator license
agreement and its determinations under this Section shall constitute the final decision of
the City and shall not be subject to further administrative review.
(g) Before Bike deployment, the Operator must execute a license agreement in
a final form approved by City Council, comply with all license agreement conditions,
provide evidence of insurance as required by this Chapter and license agreement and
obtain a City business license.
9.55.060 Operator Indemnity and Insurance Requirements:
To the fullest extent permitted by law, the City shall not assume any liability whatsoever
with respect to having issued a Pilot Bike Share Program Operator license or otherwise
approving the operation of any Bike or other shared mobility device. As a condition to
the issuance of any Pilot Bike Share Program Operator license or any Bike or other
shared mobility device, the Operator shall at a minimum be required to meet all of the
following conditions:
(a) The Operator shall, in language approved by the City Risk Manager, agree
to indemnify, defend (at Operator's sole cost and expense), and hold harmless the City,
and its officers, officials, employees, representatives, and agents from any and all
claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in
any way related to, the City's issuance of or decision to enter into a Pilot Bike Share
Program Operator license agreement, the process used by the City in making its
decision, any alleged violation of any Federal, State or local laws by Operator, and for
any and all claims, losses, damages, injuries, liabilities or losses to any Bike user or any
third party, arising out of, or which are in any way related to, Operator activities and
operations, including, but not limited to, under the Pilot Program Bike Share Operator
license agreement.
(b) Maintain insurance at coverage limits, and with conditions thereon, as
determined by the City Risk Manager as necessary and appropriate, including naming
City of Encinitas as an additional insured. The Operator's insurance policy shall be
endorsed to state that coverage shall not be cancelled except after thirty days' prior
written notice has been given to the City. If any insurance policy issued to an Operator
is cancelled for any reason, the license issued under this Chapter is automatically
suspended and all Operator operations shall cease. In order to reinstate the license, the
licensee shall provide a new certificate and policy of insurance to the City.
9.55.070 Grounds for Termination, Revocation or Suspension of Operator
License.
A Pilot Bike Share Program Operator license agreement may be revoked, suspended,
or denied by the City Manager consistent with the terms of the license agreement
approved by City Council or for violation of this Chapter.
Oct. 11, 2022 Item #11 Page 9 of 31
9.55.080 Pilot Bike Share Program Assessment.
The City shall monitor and assess the overall performance, safety and benefits of the
pilot program and provide City Council with a report approximately one (1) year after
Bike deployment. The report shall include, but is not limited to, recommendations
whether to maintain, modify, eliminate the program or modify the program to expand
City authorization of the use of other shared mobility devices or other developing clean
modes of transportation. The report shall also address and recommend revisions to this
Ordinance, if applicable.
9.55.090 lmpoundment of devices.
(a) Except for any Bike authorized by a City Council under a City Pilot Bike
Share Program license agreement, Prohibited Shared Mobility Devices that are rented,
used, dropped, left, located, displayed, offered or made available for rent, or
Abandoned, in the Public Right-of-Way, Public Area or is otherwise determined to
constitute a public nuisance shall be subject to immediate impoundment by the City.
(b) The City Council may adopt impound fees by resolution, which shall reflect
the City's enforcement, investigation, administration, storage and impound costs.
(c) No person shall retrieve any impounded Prohibited Shared Mobility Device
except upon demonstrating proper proof of ownership of the device and payment of
applicable impound fees.
(d) Any Prohibited Shared Mobility Device not retrieved from impound for more than 30
calendar days shall be deemed abandoned and may, in the City Manager's discretion,
be destroyed or auctioned in accordance with applicable state law.
9.55.100 Enforcement.
(a) Any person who violates any provision of this Chapter, shall be guilty of an
infraction or a misdemeanor, which shall be punishable pursuant to Chapter 1.08 of this
Code.
(b) Any person who violates any provision of this Chapter, including any permit
condition, shall be subject to administrative fines and administrative penalties pursuant
to Chapter 1.08 of this Code.
(c) Any person convicted of violating this Chapter in a criminal case, or found to
be in violation of this Chapter in a civil or administrative case brought by a law
enforcement agency, shall be ordered to reimburse the City and other participating law
enforcement agencies their full investigative costs.
Oct. 11, 2022 Item #11 Page 10 of 31
9.55.110 Severability.
In the event that any court of competent jurisdiction holds any section, subsection,
paragraph, sentence, clause or phrase in this Ordinance to be unconstitutional,
preempted or otherwise invalid, the invalid portion shall be severed from this Ordinance
and shall not affect the validity of the remaining portions of this Ordinance. The City
hereby declares that it would have adopted each section, subsection, paragraph,
sentence, clause or phrase in this Ordinance irrespective of whether any one or more
sections, subsections, paragraphs, sentences, clauses or phrases in this Ordinance
might be declared unconstitutional, preempted or otherwise invalid.
9.55.120 Conflicts with Prior Ordinances.
In the event that any City ordinance or regulation, in whole or in part, adopted prior to
the effective date of this Ordinance, conflicts with any provisions in this Ordinance, the
provisions in this Ordinance will control.
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its
adoption. Within fifteen (15) days after its adoption, the City Clerk of the Encinitas shall
cause this Ordinance to be published pursuant to the provisions of Government Code
Section 36933.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the
City of Encinitas, California, on the 13th day of February, 2019; and
THEREAFTER ADOPTED at a regular meeting of the City Council of the City of
Encinitas, California, on the 13th day of March, 2019, by the following vote:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blakespear, Hinze, Hubbard, Kranz, Mosca
None
None
None
U<~ >)~
Catherine S. Blakespear, Mayor
TO FORM: ATTEST:
~' City Clerk
Encinitas BCycle
Quarterly Report
Q2 2022
C R E AT E D BY: T i m P i r k e y
D AT E : J u l y 2 0 2 2 Exhibit 2Oct. 11, 2022Item #11 Page 11 of 31
TITLE
MONTH YEAR
TEAM:
Encinitas BCycle Results
•Rides: 3042 – Up ju st over 40% from Q1
•Membership
•Annual: 40
•Monthly: 136
•Average check-ou ts/we ek: 265
•Average Trips/Bike/Day: 0.5Oct. 11, 2022Item #11 Page 12 of 31
TITLE
MONTH YEAR
TEAM:
Second Quarter
Highlights
•M a y 19
t h – B i ke t o Wo rk D a y – 2 0 0 + v i s i t o r s
•J u n e 4
t h B u i l d N CC R i b b o n C u t t i n g ev e n t
•J u l y 3
rd – H i g h e s t U t i l i z a t i o n : 1. 4 T / B / D
•Q 2 C a l o r i e s B u r n e d – 74 6 , 9 3 6
•C a r b o n o f f s e t – e q u a l to 17, 76 5 l b s C 0 2
•Re d u c e d c a r m i l e s – e q u a l t o 2 0 , 0 0 2
•O v e r 1.1 K M a i n t e n a n c e C h e c ko u t sOct. 11, 2022Item #11 Page 13 of 31
TITLE
MONTH YEAR
TEAM:
System MetricsOct. 11, 2022Item #11 Page 14 of 31
Member Trip Per MonthOct. 11, 2022Item #11 Page 15 of 311,200
1,000
800
600
400
200
0 April May June
@:::ycle
Member Trips by Day and TimeOct. 11, 2022Item #11 Page 16 of 31Ride fnp by Day
Sunday
Monday -
Tuesday -
Wednesday -
Thursday -
Friday -
Saturday
0 500
@:::ycle
Rider r rips by 1me
350
300
250
200
150
100
50
23
1,0
68 66 _.11 1 ••
6:00AM 9:00AM 12:00 PM 3:00 PM 6:00 PM 9:00 PM
Member Trip Duration by Day and Type
m
i
n
u
t
e
sOct. 11, 2022Item #11 Page 17 of 31Membership Type • Annua l • Day Pass Guest Pass • Monthly Pass Single Ride
100
50
0 Sunday Monday Tuesday Wednesday Thursday Friday Saturday
@:::ycle
Trips per Bike per Day by Month
April - 0.60 May - 0.44 June – 0.46 Oct. 11, 2022Item #11 Page 18 of 31'-Jy Month o' Yea and Bike Model Di play
Bike Model Display e Electric
0.6
0.5
0.4
0.3
0.2
0.1
0.0
Apnl 2022 May 2022 June 2022
~ycle
TITLE
MONTH YEAR
TEAM:
Membership MetricsOct. 11, 2022Item #11 Page 19 of 31
Member Trips by Pass Type
Annual – 467; Bosch – 154; Day – 479; Guest – 198; Monthly – 643; Single Ride – 1,101 Oct. 11, 2022Item #11 Page 20 of 31Rd r Trice; by Y, ar and MembE'rc;rip Type
3,500
3,000
2,500
2,000
1,500
1,000
500
0
3,042 167,614
ide1 T 1ps rota Durat on
~ycle
154
467
2022
18,775
Tota Distance
746,936
Calones Burned
17,765
Membership Type
•Annual
• Bosch Earth Day Pass
• Day Pass
Guest Pass
• Monthly Pass
Single Ride
Ca bon Offset
April
May
June
Trips by Station, Top 5 each monthOct. 11, 2022Item #11 Page 21 of 31t
Glen ?arle
~aeons
and 101
2nd and A
Glen Parle
E 1:az Comm~ • Parle
; and 101
0 and 101
2nd and A
Glen Parle
21--d and A
► and 101
eucad .a Cales Parle
F ~n:12,,d
@:ycle
81
13
April
May
June
Trips by Membership type, per monthOct. 11, 2022Item #11 Page 22 of 31S nglt R dt
Cut IP D yP ~
Mont
Mont yPa 5
I)
@:ycle
BCycle riders reduced
car miles in Encinitas
by just over 20,000
miles!
BCycle riders in Encinitas rode an estimated 18,875 miles in Q2…
…that’s more miles than the entire
coastline of Australia and Tasmania!Oct. 11, 2022Item #11 Page 23 of 31::luced
initas
00
@:::ycle
TITLE
MONTH YEAR
TEAM:
Encinitas BCycle Q3 Goals
•Rides – 4,000
•Average Trips/Bike/Day – 0.75
•Membership Goals
Annual Pass – 50
Monthly Pass – 125
•Average check-ou ts/we ek – 360
•Monthly Pa ss Renewals – 65Oct. 11, 2022Item #11 Page 24 of 31
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
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. 16, 2021 Item #9 Page 3 of 9
Exhibit 3
Oct. 11, 2022 Item #11 Page 25 of 31
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. 16, 2021 Item #9 Page 4 of 9Oct. 11, 2022 Item #11 Page 26 of 31
“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. 16, 2021 Item #9 Page 5 of 9Oct. 11, 2022 Item #11 Page 27 of 31
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. 16, 2021 Item #9 Page 6 of 9Oct. 11, 2022 Item #11 Page 28 of 31
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. 16, 2021 Item #9 Page 7 of 9Oct. 11, 2022 Item #11 Page 29 of 31
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. 16, 2021 Item #9 Page 8 of 9Oct. 11, 2022 Item #11 Page 30 of 31
Nov. 16, 2021 Item #9 Page 9 of 9Oct. 11, 2022 Item #11 Page 31 of 31
Exhibit 1
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 newspap.er of general
circulation tn 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, 2021, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Me~ting of the City Council of the City of
Carlsbad on the lG!h day of November 2021, by the following vote, to wit
AYES:
NAYS:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
ABSENT: None,
AP.PROVED AS TO FORM AND lEGALITY:
~
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
(SEAL)
Clerk Services.Manager
Nathan Schmidt, Transportation Planning and Mobility
Manager
October 11, 2022
Update on the City of Encinitas’ E-Bike
Share Program
{ City of
Carlsbad
RECOMMENDED ACTION
Receive an informational report on the
Encinitas E-Bike Share Program
ITEM 11 –Encinitas E-Bike Share Program Update
{ City of
Carlsbad
BACKGROUND
•Minute made at Oct. 19, 2021 City
Council meeting:
–Return to City Council within a
year with an update on the
operations and performance for
the City of Encinitas’ E-Bike Share
Program
ITEM 11 –Encinitas E-Bike Share Program Update
SHARED MOBILITY IN CARLSBAD
•May 2019: City Council adopted the Shared
Mobility Devices ordinance which prohibited
devices from being rented in the public right-of-
way
•Nov. 2021: City Council revised the ordinance:
Added definition that allows e-bikes to be rented
from locations outside of the public right-of-way
and established an agreement for e-bike vendors
•City Council requested annual status update of bike
share in North County
ITEM 11 –Encinitas E-Bike Share Program Update
{ City of
Carlsbad
ENCINITAS BCYCLE BIKE
SHARE
•Launched January 2022
•100 electric pedal-assist bikes
•170 bike parking docks
•21 stations throughout the city
•Pilot program approved by the City for 1-year with three optional 1-year extensions
•Only bike share system in North
County
ITEM 7Alila Marea Beach~ ,._0costa Ave
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Grandview A
Surf Beach T
LEUCADIA
;,
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Beach T ';.
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Casa De Bandini
'REI
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PON DEF Encinitas Ranch B
Golf Course Y \.eucad,a Blvd I!\ 'McDonald's
Best Buy T O/ivonhain Rd
f Leucadia Farmers Market
SanDiego ,A
B le Garden Y
emorial m
Encinitas T
The Home Depot'
Target '
HomeGoods'
Chick-fil-A
Osan Diegulto Y Academy High School Encinitas Santa F• Dr Santa F• OI
SWAMI'S
ncinitas
Community
Park
San ElijoQ f Cardiff Seaside Market
State Beach T . ~
DI FF V
Cardiff
Sports Park
Breakfast Re
Encinitas Blvd
ENCINITAS BCYCLE BIKE
PERFORMANCE*
*Statistics provided by Encinitas BCycle
0.60
0.44 0.46
•2nd Quarter 2022 Rides
–3042 Rides
–Up 40% from Q1 (2,204 rides)
•Memberships:
–Q2: 40 Annual / 136 Monthly
–Q1: 25 Annual / 75 Monthly
•Average trips/bike/day: 0.5
ITEM 11 –Encinitas E-Bike Share Program Update
Trips per Bike per Day by Month
y M n of Ye d B1 M de [ 1 pl y
Bike Model Display e Electric
0.6
0.5
0.4
0.3
0.2
0.1
0.0
April 2022
April -0.60
May 2022 June 2022
May -0.44 June -0.46
Ccityof
Carlsbad
ENCINITAS BCYCLE BIKE
EXPANSION
0.60
0.44 0.46
•Working with the City of Encinitas
to expand the system
•Applied for 10 new stations, 60
new docks, and 35 new e-bikes
ITEM 11 –Encinitas E-Bike Share Program Update
{ City of
Carlsbad
NEXT STEPS
•Staff will continue monitor the performance of the City of Encinitas’ Bike Share Program
•Staff will update City Council on the status of the
program in future semi-annual transportation
reports
•Additional info: https://encinitas.bcycle.com/
ITEM 11 –Encinitas E-Bike Share Program Update
{ City of
Carlsbad
THANK YOU!
ITEM 11 –Encinitas E-Bike Share Program Update
{ City of
Carlsbad