HomeMy WebLinkAbout2019-01-30; Micromobility Update; Chadwick, ScottTo the members of the:
CITYCOUNCIL j .
ACM / CA V cc_
Date 2--.f-lqcM .£_coo £
ii Memorandum
{cityof
Carlsbad
Jan. 30, 2019
To:
From:
Honorable Mayor Hall n bers of the City Council
Scott Chadwick, City liRaN-r
Re: Micromobility Update
The purpose of this memorandum is to provide an overview and update of the north coast
cities' involvement in micromobility.
Background
Micromobility is a relatively recent term that refers to short (micro) trips (mobility), usually
after using mass transit modes of travel. These trips are often referred to as "first mile/last
mile" portions of a longer transit trip, with the idea that once you arrive at a central station,
your trip is not complete until you arrive at your actual destination. Previously, these trips were
commonly provided via taxis, then shared-mobility providers such as Uber or Lyft. As shared-
mobility options became more prevalent through smart-phone apps, less expensive options
such as bikeshare and even scooter-share became popular. Micromobility trips can often be
substitutes for walking or short vehicle trips.
In addition to being less expensive, bikeshare and scooter-share are also appealing to cities
because they minimize vehicular congestion and parking. For every bikeshare or scooter-share
trip, there is generally one less car trip, which is helpful in attaining the city's Climate Action
Plan (CAP) goals and to reduce congestion on city streets.
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. As cities in the
region began to encounter these challenges, San Diego Association of Governments (SAN DAG)
established the Regional Micromobility Coordination effort. SANDAG's website states:
Micromobility services like dockless bikeshare, e-scooters, and neighborhood electric
vehicles (NEVs) have quickly become popular mobility choices in the San Diego region.
While these low speed travel modes offer convenient travel options, the operation of
successful micrornobility programs can be challenging for local agencies. SAN DAG has
established a Regional Micromobility Coordination effort to support local jurisdictions as
they deploy micromobility programs while building consensus among cities and other
stakeholders in the areas of data sharing, micromobility parking and passenger loading,
education/outreach, and equity.
Because of the newness of these services and vendor operations, several cities, including
Carlsbad, have encountered vendors who requested permission to operate within the north
coast cities. In August 2018, one such vendor approached the city of Carlsbad to request a
City Manager's Office
City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820
Memo ID #2019007
Honorable Mayor Hall and Members of the City Council
Jan. 30, 2019
Page 2
permit to operate. The city denied the permit, citing an existing ordinance that prohibited
"skateboarding, in line skates, roller skates, toy vehicles, coaster or any other similar form of
transportation" from operating on public space in the Village area. Similarly, the city of
Oceanside recently encountered another vendor who deposited scooters within their
jurisdiction without permission.
To help address these types of issues, other north coast cities have adopted or are pursuing a
shared mobility ordinance. On Dec. 12, 2018, the city of Solana Beach approved such an
ordinance (see Attachment 1). The cities of Del Mar and Encinitas are presenting similar
ordinances to their respective councils in the coming months.
Discussion
The city of Carlsbad's early discussions on micromobility were included in the Coastal Mobility
Readiness Plan (Jan. 2016), where the idea of a bikeshare system was included. The idea was
also included in early Sustainable Mobility Plan discussions, as well as recognized in CAP
implementation efforts as an opportunity to help achieve the 33 percent mode-shift goal in the
CAP.
The Coastal Mobility Readiness Plan stated that a system would likely be more successful if it
were employed by all north coast cities. In mid-2017, SAN DAG offered to take the lead in
coordinating the cities.
At that time, several bikeshare companies began offering their dockless systems to cities
around the U.S., with some systems offered free of charge. Such was the case in the City of
Imperial Beach, which accepted an offer in mid-2017 and deployed 200 bikes around their city.
Most cities were interested in this approach to bikeshare because it provided an affordable
system as compared to most previous bikeshare systems.
Prior to 2017, bikeshare systems consisted largely of bikes that were parked in docking stations
located on public rights-of-way, such as public plazas, wide sidewalks, train stations, community
centers, etc. These docked systems had been growing around the U.S. and the world at a cost
of up to $5,000 per bike. As of last year, there were well over 100 docked systems in the U.S.
and over 1,000 in the world.
Since mid-2017, SANDAG facilitated discussions with staff from the cities of Encinitas, Del Mar,
Solana Beach, Carlsbad and Oceanside, as well as with Marine Corps Base Camp Pendleton and
North County Transit District (NCTD), around the possibility of piloting a bikeshare program in
the north county coastal region. The collective agreement was not to include scooter-share in
this effort.
As discussions progressed, a Memorandum of Understanding (MOU) for a pilot bikeshare
program was developed for use by the cities and SAN DAG. Under the MOU, it was the intent of
the cities to collectively agree upon a single bikeshare vendor to operate within the north
coastal San Diego region to achieve economies of scale, reduce conflicts among competing
Honorable Mayor Hall and Members of the City Council
Jan. 30, 2019
Page 3
vendors and provide optimal convenience to users by being able to rent a bike in one
jurisdiction and terminate the rental in another jurisdiction.
The pilot bikeshare program was planned to have a term of one year. At the end of the pilot,
the partner cities would evaluate program success and determine whether to extend the
program. The original proposed schedule for the pilot launch was mid-2018. The cities of
Encinitas, Solana Beach and Del Mar signed the MOU in March 2018. Though the cities of
Carlsbad and Oceanside did not sign it due to other bikeshare system experiences in the region,
staff from both cities have actively participated with the other cities consistent with the MOU.
The city of Carlsbad has set up a multi-departmental team to discuss micromobility, which
includes:
• Public Works
• Community & Economic Development
• Parks & Recreation
• Police
• Risk
• Communications
• City Manager's office
• City Attorney's Office
In April 2018, on behalf of the north coast cities, the city of Encinitas issued a Request for
Information (RFI) to identify vendors with the resources to pilot a bikeshare program in the
respective jurisdictions, in accordance with objectives to establish, implement and maintain an
innovative, valuable and mutually beneficial bikeshare program at no cost to the cities. It was a
mechanism for gathering information and did not necessarily constitute a binding procurement
process; however, selection of goods and/or services could result from the process. Further,
each city retained full discretion to award, or not award, the right to operate a regional
bikeshare program in their respective jurisdictions through the RFI.
Staff from all the cities, including Carlsbad and Oceanside, as well as Marine Corps Base Camp
Pendleton and NCTD, reviewed the RFI vendor submittals. The process extended well into late
2018, as the agencies discussed issues such as control of random parking in unsuitable areas
and use of e-bikes (electric-powered bikes).
Following diligent review and evaluation by the group, Gotcha was selected as the preferred
vendor. During the one-year pilot bikeshare program, Gotcha proposes to operate the program
at no direct cost to the cities. However, that may be contingent on them being permitted to
place advertising on or near the docking station/bike racks. They do not currently propose to
place any advertising on the bikes. The exact parameters of any advertising would need to be
negotiated between a participating city and Gotcha.
One of the deciding factors with Gotcha was their approach to controlling the random parking
issue, which was a concern with other dockless systems. They provide an opportunity for geo-
Honorable Mayor Hall and Members of the City Council
Jan. 30, 2019
Page 4
fencing parking locations. This geo-fence defines where bikes can be parked, which controls
random placement within the cities' rights-of-way. The geo-fence could be located around
existing bike racks or a Bike Parking sign, for example. The same smartphone app that is used to
rent the bikes also informs the users where it is acceptable to park and does not allow parking
in unacceptable areas without fines (since locations of where users park the bikes are difficult
to control, steep fines are assessed or a lockout is activated by Gotcha, if illegally parked).
It should be noted that the cities may incur indirect costs to install additional bike racks of its
choice (e.g., Carlsbad's "Bike the Village" bike racks), prepare locations for bike docks (e.g.,
build concrete pads), provide staff oversight for the program and regulate use of Gotcha's
bikes.
Should the city decide to execute an agreement with Gotcha, Carlsbad would launch a one-year
pilot in conjunction with the other cities. The pilot would include an education and outreach
campaign to be led by Gotcha.
In summary, participating north coast cities have pursued, through the RFI process, selection of
a single bikeshare vendor based on evaluation of proposals. Each interested city is now
evaluating whether to move forward with executing a license agreement with Gotcha. Some
cities are considering a contract with Gotcha to exercise their NEV service option to provide
shuttles within their jurisdiction in addition to bikeshare.
Next steps
The schedule for the cities of Encinitas, Del Mar and Solana Beach is as follows:
• Mobility Ordinance adoption -Feb./Mar. 2019 (for Encinitas and Del Mar, respectively;
Solana Beach already adopted an ordinance in Dec. 2018)
• Council approval of vendor -early winter 2019
• Execute license agreement -winter 2019
• Bikeshare pilot deployment -summer ~019
For Carlsbad, staff is preparing to present a similar mobility ordinance to City Council for its
consideration in April 2019, and to bring forward an item for City Council discussion on
micromobility program options.
Attachment: 1. City of Solana Beach Staff Report on Shared Mobility Program Ordinance Nov.
28, 2018 (for first reading; approved at second reading on Dec. 12, 2018)
cc: Celia Brewer, City Attorney
Elaine Lukey, Chief Operations Officer
Gary Barberio, Assistant City Manager
Walter Chung, Assistant City Attorney
Honorable Mayor Hall and Members of the City Council
Jan.30,2019
Page 5
David Graham, Chief Innovation Officer
Neil Gallucci, Police Chief
Paz Gomez, Public Works Director
Debbie Fountain, Community & Economic Development Director
Marshall Plantz, Transportation Director
Amanda Guy, Deputy City Attorney
Jason Haber, Assistant to the City Manager
Christie Marcella, Economic Development Manager
Craig Williams, Senior Engineer
TO:
FROM:
MEETING DATE:
ORIGINATING DEPT:
SUBJECT:
BACKGROUND:
STAFF REPORT
CITY OF SOLANA BEACH
Honorable Mayor and City Councilmembers
Gregory Wade, City Manager
November 28, 2018
City Manager's Department
Introduce (1 st Reading) Ordinance No. 495 -Shared
Mobility Program
The City of Solana Beach (City) is increasingly aware of the need to reduce local
greenhouse gas (GHG) emissions to limit the effects of climate change while offering
viable transportation alternatives to driving. The City Council (Council) approved the
City's first ever Climate Action Plan (CAP) on July 12, 2017. The CAP establishes a
number of strategies to achieve GHG emissions reduction goals and targets, including
facilitating safe, convenient and affordable alternative transportation options. In addition,
the City Council Work Plan has included an Unprioritized Environmental Sustainability
item to explore a bikeshare/car share program for the past several years.
On March 14, 2018, the City Council approved Resolution 2018-030 approving a
Memorandum of Understanding (MOU) to establish a pilot North County Coastal Regional
Bikeshare Program. The City, along with the cities of Del Mar, Encinitas, Carlsbad and
Oceanside, as well as Camp Pendleton, the San Diego Association of Governments
(SANDAG) and the North County Transit District (collectively known as the Parties) desire
to establish a formal working relationship to develop a pilot bikeshare program. It was the
desire of the Parties to collectively agree upon a single bikeshare vendor to operate within
the North Coastal San Diego region to achieve economies of scale, to reduce conflicts
between competing vendors, and to provide optimal convenience to users by being able
to rent a bicycle in one jurisdiction and terminate the rental in another jurisdiction who is
also a party to the MOU.
Due to the aggressive promulgation of other less desirable modes of alternative
transportation, such as e-scooters, and to include other potential desirable alternative
modes of transportation, such as Neighborhood Electric Vehicle (NEV) ride-share
COUNCIL ACTION:
AGENDA ITEM C.3.
November 28, 2018
Ordinance 495 -Shared Mobility
Page 2 of3
options, City Staff felt it was necessary to develop an ordinance to establish the rules and
guidelines for the proposed program. Since the program could include other forms of
alternative transportation options, Staff felt the program should be expanded from just a
bikeshare program to a "shared mobility" program.
This item is before City Council to consider introducing Ordinance 495 establishing the
guidelines for the upcoming Shared Mobility pilot program.
DISCUSSION:
Staff from all of the Parties continue to meet to discuss the logistics of the pilot program
and coordinated the development of the Request for Information (RFI). The RFI was
posted on April 5, 2018 and respondent interviews were held on June 11, 2018. A
preferred vendor has been selected but contract negotiations are still ongoing.
As part of the ongoing contract negotiations, the respective city attorneys from some of
the participating jurisdictions have discussed the pilot program and proposed license
agreement. During these discussions, our City Attorney has recommended that an
ordinance be adopted to establish the guidelines for the shared mobility program to
ensure that the original intent of the program be solidified. For Solana Beach, this would
specifically ensure that there would be only one selected vendor and that only bicycles
and potentially an Neighborhood Electric Vehicle (NEV) ride share component be
included in the program at this time. While the intent of the arrangements between the
Parties is that each jurisdiction would have the ability to negotiate various terms for their
specific jurisdiction (i.e. number of bikes; docked, dockless or a hybrid approach;
locations for parking, geofences, etc.), the core program guidelines would be included.
These include:
• Implementation of a pilot shared mobility program with only one vendor
• City control over the amount of shared mobility devices and the structure of the
program (docked, dockless or hybrid)
• Implementation of a robust education and outreach program prior to the start of
the program
• Limitations on City liability
• City access to ridership data including fleet status and trip patterns
If the City Council approves the introduction of Ordinance 495, City Staff will begin
negotiations with the preferred vendor on the license agreement. If both parties come to
an agreement on the terms, the license agreement will be brought back to City Council
for formal review and adoption. The intent is to have the Shared Mobility Pilot Program
implemented prior to the start of next summer with enough time factored in prior to launch
to conduct a robust community outreach program.
CEQA COMPLIANCE STATEMENT:
November 28, 2018
Ordinance 495 -Shared Mobility
Page 3 of3
The action being considered by the City Council is exempt from the California
Environmental Quality Act (CEQA) because it is not a "project" under Section 15378(b)(5)
of CEQA Guidelines.
FISCAL IMPACT:
There is no fiscal impact as a result of this item.
WORK PLAN:
Exploring the potential for a bikeshare/car share program has been an item in the
Unprioritized Environmental Sustainability Issues section of the Work Plan for the past
several years.
OPTIONS:
• Introduce Ordinance 495 establishing the guidelines for the Shared Mobility Pilot
Program
■ Do not introduce Ordinance 495
• Provide direction
DEPARTMENT RECOMMENDATION:
Staff recommends the City Council introduce Ordinance 495 establishing the guidelines
for the Shared Mobility Pilot Program.
CITY MANAGER'S RECOMMENDATION:
Approve Department Re mmendation.
Attachments:
1. Ordinance 495
ORDINANCE 495
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SOLANA BEACH, CALIFORNIA ADDING CHAPTER
10.46 TO THE SOLANA BEACH MUNICIPAL CODE
REGARDING SHARED MOBILITY PROGRAM
WHEREAS, the City of Solana Beach (City) is increasingly aware of the need to
reduce local greenhouse gas (GHG) emissions to limit the effects of climate change while
offering viable transportation alternatives to driving;
WHEREAS, the City Council (Council) approved the final Climate Action Plan
(CAP) on July 12, 2017. The CAP establishes a number of strategies to achieve GHG
emissions reduction goals and targets, including facilitating safe, convenient and
affordable alternative transportation options;
WHEREAS, the City Council Work Plan has included an Unprioritized
Environmental Sustainability item to explore a bikeshare/car share program for the past
several years;
WHEREAS, on March 14, 2018, the City Council approved Resolution 2018-030
approving a Memorandum of Understanding (MOU) to establish a pilot North County
Coastal Regional Bikeshare Program. The City, along with the cities of Del Mar, Encinitas,
Carlsbad and Oceanside, as well as Camp Pendleton, the San Diego Association of
Governments (SANDAG) and the North County Transit District desire to establish a
formal working relationship to develop a pilot bikeshare program;
WHEREAS, there has been an aggressive and excessive promulgation of modes
of alternative transportation ranging from less desirable modes to potentially more
desirable modes of alternative modes of transportation and there is a need to regulate
the safe and efficient use and management of the public right-of-way;
WHEREAS, expanding the exploration of a City bikeshare program to a "shared
mobility" program will help achieve City goals with respect to the CAP and public right-of-
way management; and
WHEREAS, establishing guidelines for a shared mobility pilot program is
necessary to provide safety and clarity for users of the public right-of-way and permit
applicants.
NOW THEREFORE, the City Council of the City of Solana Beach does ordain as
follows:
Section 1. All of the above statements are true.
ATTACHMENT 1
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 10.46 is added to the Solana Beach Municipal Code and
shall read as follows:
Chapter 10.46 Shared Mobility Device Pilot Program
10.46.01 0 Purpose.
Consistent with the City's goals of enhancing mobility and access, easing traffic
congestion, promoting sustainability and achieving its Climate Action Plan this Chapter
creates a limited term pilot program to facilitate the use of shared mobility devices while
ensuring the protection of public health and safety, including the safety of the public
traveling by foot, bicycle or any vehicle on public sidewalks, streets and other public
rights-of-way.
10.46.020 Definitions.
(a) "Abandon" 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 any person or business entity selected by the City to
participate in the Shared Mobility Device Pilot Program pursuant to this Chapter.
(d) "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.
(e) "Public right-of-way" shall mean any public alley, parkway, public
transportation path, roadway, sidewalk or street that is owned, granted by easement,
operated or controlled by the City.
(f) "Shared mobility device" shall mean any device by which a person can be
transported, propelled, moved or drawn, that is rented, used, located, displayed, offered
or placed for rent in any public area or public right-of-way, except that a "shared mobility
device" does not include a rental car, taxicab or any other device excluded pursuant to
administrative regulations.
10.46.025 Administrative regulations.
(a) The City Manager may adopt administrative regulations to implement the
provisions of this Chapter, including, but not limited to, permit application procedures
and permit standards, which may include regulations relating to lawful 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. Any
violation of any administrative regulation issued pursuant to this Section shall constitute
a violation of this Code and shall subject the violator to the penalties set forth in this
Chapter.
10.46.030 Prohibited conduct.
Notwithstanding any other provision of this Code, no person may:
(a) Display, offer or make available for rent any shared mobility device within
the City, unless the person has first obtained: (1) a valid shared mobility operator
permit; (2) a license agreement approved by City Council; and (3) a business certificate
issued in accordance with Chapter 4.02 of this Code;
(b) Abandon a shared mobility device not authorized by this Chapter in the
public right"of"way or a public area;
(c) Abandon a shared mobility device in the public right-of-way or a public area
in a manner that: (1) obstructs travel upon or blocks access to a public right-of-way; (2)
poses an immediate public safety hazard; or (3) is otherwise prohibited by applicable
laws or administrative regulations; or
(d) Use or aid and abet the use of any shared mobility device in a manner that
would violate any applicable law or administrative regulation.
10.46.040 Maximum number of shared mobility operator permits and shared
mobility devices permitted.
(a) The City Manager may issue one shared mobility operator permit
authorizing the deployment of shared mobility devices within the City.
(b) The number and mode(s) of shared mobility devices authorized under each
shared mobility operator permit shall be established pursuant to a license agreement
approved by City Council.
(c) At any time, in the City Council's discretion, the City Council may reassess
the number of shared mobility operator permits authorized for issuance.
10.46.050 Shared mobility operator permit application procedure, fees and
requirements.
(a) Any person seeking to obtain a shared mobility operator permit shall have
timely responded to a request for information advertised for a shared mobility program
within the City.
(b) The City Council may establish permit fees and charges by resolution, which
shall:
{1) Defray the City's costs in administering and enforcing the provisions of
this Chapter; and
(2) Reflect charges associated with use of public property pursuant to this
Chapter.
{c) The City Manager may specify the information that must be provided in
connection with an application and the form in which the information is to be provided.
The application shall contain, at a minimum, the following information:
(1) The name and business address of each person or entity that: (i) has
more than a ten percent equity, participation, or revenue interest in the applicant; or {ii)
is a trustee, director, partner, or officer of that entity or of another entity that owns or
controls the applicant, excepting persons serving in those capacities as volunteers,
without compensation, for organizations exempt from income taxes under Section
501 {c}{3}, (4), or (6) of the Internal Revenue Code;
(2) The name and business address of any parent or subsidiary of the
applicant, namely, any other business entity owning or controlling the applicant in whole
or in part, or owned or controlled in whole or in part by the applicant, and a statement
describing the nature of any such parent or subsidiary business entity;
(3) Information sufficient to show that the applicant is financially, technically,
and legally qualified to operate and maintain a shared mobility device system;
(4) A description of the proposed plan of operation, including, at a minimum,
a detailed description of:
(i) The applicant's current operations in the City and other
jurisdictions, including copies of the applicant's operating permits for all such
jurisdictions,
(ii) The applicant's proposed operations in the City including the
maximum number of shared mobility devices anticipated during the duration of
the pilot program, the plan for balancing shared mobility devices for Citywide
coverage, the plan for shared mobility device maintenance, levels of staff for
operations and administration, and the plan for customer service,
{iii) The applicant's regulatory compliance program,
(iv) The applicant's and the applicant's customers' history of, intent to,
and ability to comply with, State and local law,
(v) The applicant's plans to implement safety programs, including, for
example, a program by which the applicant will receive information about, notify
users of and stop inappropriate use,
(vi) The applicant's plans to educate users of shared mobility devices
about applicable California Vehicle Code provisions and other applicable laws,
regulations, and guidelines,
(vii) The applicant's plans to comply with applicable Federal, State, and
local data privacy laws and otherwise to protect the privacy of personal
information provided by users, and
(viii) Any other requirements set forth by administrative regulation.
10.46.060 Shared mobility operator selection.
(a) The Shared Mobility Operator shall be selected pursuant to a request for
information process.
(b) The City Manager shall review all applications and make a ranking of
each qualified applicant in accordance with objective criteria set forth by this Chapter
and administrative regulations.
(c) Each qualified applicant shall be evaluated based upon objective criteria
including: experience; proposed operations plan; financial wherewithal and stability;
adequacy of insurance; ability to begin operations in a timely manner; public education
strategies; relevant record of the applicant's, officers', owners', principals' or customers'
violations of Federal, State or local law, or rules and regulations; and any other
objective criteria established by administrative regulation.
(d) Each qualified applicant shall be provided an opportunity to submit
written comments or objections to the City Manager's rankings of qualified applicants.
(e) The City Manager shall set forth, in writing, the reasons supporting his or
her final determination. The City Manager may request additional information from City
staff, any applicant, or any other source that would assist in determining the final
qualifications and rankings.
(f) The City Manager shall grant a shared mobility operator permit to the
highest ranked applicant after such applicant enters into a license agreement approved
by City Council. Should two applicants receive the same score, a lottery shall be used to
establish the final rankings for any applicants that achieved the same score.
(g) The City Manager's determinations under this Section shall constitute the
final decision of the City and shall not be subject to further administrative review.
(h) The City Manager may impose, as part of any shared mobility operator
permit issued, any and all conditions that are necessary to effectuate the purposes of
this Chapter, mitigate traffic impacts, ensure accessibility of the public right-of-way and
availability of public space for shared use by all, or protect the health, welfare, and
safety of the public. No person shall fail to comply with such permit conditions.
10.46.070 Limitations on City liability.
To the fullest extent permitted by law, the City shall not assume any liability whatsoever
with respect to having issued a shared mobility operator permit or otherwise approving
the operation of any shared mobility device. As a condition to the issuance of any
shared mobility operator permit, the applicant shall be required to meet all of the
following conditions:
(a) The applicant must execute an agreement, in a form approved by the
City Attorney, agreeing to indemnify, defend (at applicant'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
approve a shared mobility operator permit, the process used by the City in making its
decision, or the alleged violation of any Federal, State or local laws by the applicant or
any of its officers, managers, employees or agents.
(b) Maintain insurance at coverage limits, and with conditions thereon
determined necessary and appropriate from time to time, as determined by the Risk
Manager and name the City of Solana as additional insured. The applicant'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 a
permittee is cancelled for any reason, the permit issued under this Chapter is
automatically suspended. In order to reinstate the permit, the permittee shall provide a
new certificate and policy of insurance to the City.
(c) Reimburse the City for all costs and expenses, including, but not limited
to, attorney fees and costs, which it may be required to pay as a result of any legal
challenge related to the City's approval of or activities conducted pursuant to the
applicant's shared mobility operator permit. The City may, at its sole discretion,
participate at its own expense in the defense of any such action, but such participation
shall not relieve any of the obligations imposed hereunder.
(d) The applicant must execute a license agreement in a form approved by
City Council.
10.46.080 Grounds for revocation, suspension or denial.
A shared mobility operator permit may be revoked, suspended, or denied by the City
Manager based upon any of the following grounds:
(a) An applicant or operator, including its employees, managers, officers,
principals, directors, owners, contractors, representatives, or agents:
(1) Making one or more false or misleading statements, or material
omissions on the permit application, during the application process, or during the
pilot program;
(2) Failing to provide information requested or required by the City;
(3) Operating, proposing to operate or aiding or abetting operating in
a manner that endangers public health or safety; or
(4) Failing to comply or aiding or abetting a failure to comply with any
requirement imposed by the provisions of this Code (or successor provision or
provisions) including any rule, regulation, condition or standard adopted pursuant
to this Chapter, or any term or condition imposed on the shared mobility operator
permit, or any provision of State law.
(b) Conviction of the operator, to include any of its officers, owners or
principals, of a criminal offense that is substantially related to the qualifications,
functions or duties of the shared mobility business or profession, including, but not
limited to, any criminal conviction involving a violent or serious felony, fraud, deceit, or
embezzlement.
(c) Repeated failures by operator's customers to comply with any
requirement imposed by the provisions of this Code (or successor provision or
provisions} including any rule, regulation, condition or standard adopted pursuant to this
Chapter, or any term or condition imposed on the shared mobility operator permit, or
any provision of State law.
10.46.090 Pilot program term.
Any permit issued pursuant to this Chapter shall terminate and be of no further force or
effect beyond December 30, 2020, unless otherwise extended or terminated earlier by
the City.
10.46.100 lmpoundment of devices.
(a) A shared mobility device that is rented, used, displayed, offered, or made
available for rent, or abandoned, in the public right-of-way or a public area in violation of
Section 10.46.030 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 shared mobility device except
upon demonstrating proper proof of ownership of the device and payment of applicable
impound fees.
(d) Any shared mobility device not retrieved from impound for more than 30
days shall be deemed abandoned and may, in the City Manager's discretion, be
destroyed or auctioned in accordance with applicable state law.
10.46.110 Enforcement.
(a) Any person who violates any provision of this Chapter, including any
permit condition, shall be guilty of an infraction or a misdemeanor, which shall be
punishable pursuant to Chapter 1.16 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 1.18 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.
Section 4. 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.
Section 5. 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 City of Solana
Beach 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 Solana Beach, California, on the 28th day of November, 2018; and
THEREAFTER ADOPTED at a regular meeting of the City Council of the City of
Solana Beach, California, on the __ day of December, 2018, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers -
Councilmembers -
Councilmembers -
Councilmembers -
APPROVED AS TO FORM:
JOHANNA N. CANLAS, City Attorney
DAVID A. ZITO, Mayor
ATTEST:
ANGELA IVEY, City Clerk