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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