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HomeMy WebLinkAbout2021-12-23; City of Encinitas' E-bike Share Pilot Program Update (Districts - All); Gomez, PazMeeting Date: Oct. 19, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Edd Alberto, Associate Engineer edd.alberto@carlsbadca.gov, 760-268-4794 Tom Frank, Transportation Director/City Engineer tom.frank@carlsbadca.gov, 760-602-2766 Subject: Districts: The Future of Shared Mobility Devices in Carlsbad All Recommended Action Provide direction to staff on the future of shared mobility devices in the city. Executive Summary The City Council added a chapter to the Carlsbad Municipal Code governing shared mobility devices May 21, 2019 (Carlsbad Municipal Code Chapter 10.60, adopted by Ordinance No. CS- 354, Exhibit 1). Shared mobility devices include scooters and electric bikes that people can rent from areas in the public right of way via dockless or docked systems. This ordinance was intended to prohibit these devices from being abandoned or placed for rent in the public right of way or other public areas, allow for adequate pedestrian traffic flow, ensure public safety and maintain public areas free of nuisances. This report follows up on a December 2020 memorandum to the City Council that said staff would give presentations on shared mobility devices to the Traffic and Mobility Commission and the City Council in 2021 so that the City Council could decide whether to direct staff to develop an ordinance and permitting program to allow shared mobility device providers to operate within Carlsbad. Staff are now seeking further direction from the City Council on the future of shared mobility devices in the city, specifically on whether the council wishes to allow the operators of shared mobility devices to offer them for rent from the public right of way in Carlsbad rather than just from private businesses. Discussion Background Micromobility is a relatively recent term that refers to short trips made via small, shared devices available from multiple locations throughout the city. These devices include bikes, e- Oct. 19, 2021 Item #12 Page 1 of 37 ATTACHMENT A bikes, scooters, and e-scooters, but other types of vehicles may be under development. The trips made with shared mobility devices can often be substitutes for walking or short trips by automobile. Shared mobility devices are also often used for the "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 by providers such as Uber or Lyft. As shared mobility options became more prevalent through smartphone apps, these less expensive options such as bike-share and even scooter- share became popular. In addition to being less expensive, shared mobility devices can also be appealing to cities because they minimize vehicular congestion and parking. For every bike-share or scooter-share trip, there is generally one less car trip, which is helpful in attaining the city's Climate Action Plan goals 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. Cities around the country have reported problems with the use and misuse of such devices. These problems include parking in the public right of way and obstructing vehicle and pedestrian access, taking up sidewalk area or parking spaces, urban clutter, aggressive competition among providers and/or an oversupply of vehicles, the use of public land for private purposes, potential public liabilities, conflicts between the scooters and pedestrians or other vehicles and increased demand for enforcement resources. One of the reasons for these problems 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 being operated on city streets without any regulations or oversight. State laws applicable to shared mobility devices The California Vehicle Code sets the rules of the road applicable to bicycle1 and scooter2 riders, such as license requirements and speed limits and other traffic safety rules. State law preempts any city or county ordinances related to any provision of the vehicle code, except when the vehicle code specifically authorizes local regulation. This means cities may only regulate rider use and operation of shared mobility devices when such regulations are expressly authorized by the vehicle code. Sections 21206 and 21225 of the vehicle code authorize cities to regulate registration, parking, and operation of bicycles and scooters on pedestrian and bicycle facilities, streets and highways, if this regulation is not in conflict with the vehicle code. As described in the summaries below, the vehicle code already regulates certain bicycle and scooter rider activities, 1 The California Vehicle Code defines bicycle as a device with one or more wheels "upon which [a] person may ride, propelled exclusively by human power through a belt, chain, or gears." (CVC section 231) An electric bicycle is "a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts." (CVC section 312.5(a)) 2 A scooter is "any two-wheeled device that has handlebars, has a floorboard that is designed to be stood upon when riding, and is powered by an electric motor" or by a source other than electrical power. (CVC section 407.5(a)) and (b). It may also have a driver’s seat that does not interfere with the ability of the rider to stand and ride, and may also be designed to be powered by human propulsion. (CVC section 407.5(a)) Oct. 19, 2021 Item #12 Page 2 of 37 which prevents the city from also regulating those same areas for traffic purposes. (CVC section 21 and 21100(o)(1)) Applicable CVC sections for bicycle riders include the following: •312.5(b) and 21200 - Every person operating a bicycle or e-bicycle on a street or highway has the same rights and is subject to the same rules as a car driver. •21212(a) - Riders under 18 years of age must wear a helmet. •21204(b) - A bicycle rider may not carry a passenger unless there is a separate attached seat for the passenger. •21205 - A rider may not carry any object that prevents the rider from holding the handlebar with at least one hand. •21210 - A bicycle may not be left lying on its side on a sidewalk and may not be parked in a manner that impedes pedestrian traffic. Applicable CVC sections for scooter riders include the following: •21221 - Every person operating a scooter on a street or highway has the same rights and is subject to the same rules as a driver of a motor vehicle. •22411 - Scooters are subject to a maximum speed limit of 15 miles per hour. •21235(b) - Scooters may only be used on streets with a speed limit of less than 25 miles per hour, unless operated in a bike lane or separated bikeway. •21235(g) - Scooters may not be operated on the sidewalk, except to enter or leave adjacent property. •21235(c) and (d) - Riders must have a valid driver's license or instruction permit and riders under 18 years of age must wear a helmet. •21235(e) and (f) - Scooters may not be used to carry more than one person and the rider may not carry any object that prevents the rider from holding the handlebar with at least one hand. •21235(i) - Scooters may not be left lying on their sides on a sidewalk or parked in a manner that impedes pedestrian traffic. The Police Department has the authority to enforce these and all vehicle code provisions in the city and may impound scooters and other such devices under certain circumstances when they are left on city streets and sidewalks, if, for example, they are obstructing pedestrian traffic or presenting a hazard. (See CVC sections 22650-22651 and 22669 and Carlsbad Municipal Code Section 10.12.010(A)) Existing Shared Mobility Ordinance The current ordinance, prohibits shared mobility devices from being abandoned (as defined in the existing ordinance), placed for rent in the public right-of-way or other public areas, or from being placed in those areas in a manner that constitutes a public nuisance. These prohibitions are intended to allow for adequate pedestrian traffic flow, ensure public safety and maintain public areas free of public nuisances. Device users could continue to ride or temporarily park a shared bicycle or scooter in the city in accordance with applicable sections of the vehicle code. The ordinance also allows the city to impound devices that violate the provisions of Chapter 10.60. Oct. 19, 2021 Item #12 Page 3 of 37 Under the existing ordinance no person may: 1) Display, offer or make available for rent any shared mobility device3 in the city 2) Abandon4 a shared mobility device in the public right-of-way or a public area5 3) 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 nuisance6 Those prohibitions are consistent with numerous other shared mobility device ordinances, including those of other coastal North County cities, such as Solana Beach, Encinitas and Del Mar. Civil Code Section 2505 Assembly Bill (AB) 1286, a state law that became effective in 2021, codified as Civil Code Section 2505, (Exhibit 3) requires shared mobility device providers in operation before or after Jan. 1, 2021, to obtain a permit or agreement with the city in which they seek to operate and to comply with all location, operation, parking, maintenance and safety rules. Civil Code Section 2505 also requires that the shared mobility service provider maintain commercial general liability insurance coverage with a carrier doing business in California, with limits not less than $1 million for each occurrence for bodily injury or property damage, including contractual liability, personal injury, and product liability and completed operations; and not less than $5 million aggregate for all occurrences during the policy period. The insurance may not exclude coverage for injuries or damages caused by the shared mobility service provider to the shared mobility device user. Staff plan to present the City Council with a proposed ordinance for introduction on Nov. 2, 2021, so that the city meets the requirements of Civil Code Section 2505. The proposed ordinance will allow shared mobility device providers who currently operate in the city to sign an agreement with the city that establishes rules for the operation, parking, and maintenance of shared mobility devices by the Jan. 1, 2022 deadline in Civil Code Section 2505. Benefits and drawbacks of shared mobility The primary benefits of these shared mobility devices center around the elimination of a vehicular trip. These devices are attractive because they are cheaper than almost any other means of transportation for short trips and convenient because users can pick them up in one location and drop them off at their destination. These substitute trips can contribute to reductions in traffic; reductions in parking demand in the Village and elsewhere in the city, such 3 The existing ordinance’s definition of shared mobility device means any wheeled transportation device, other than an automobile or motorcycle, by which a person can be propelled, moved, or drawn; is accessed via an on- demand portal, whether a smartphone application, membership card, or similar method; is displayed, placed or offered for rent in any public area or public right-of-way by an operator for shared use by members of the public; and is available to members of the public in unstaffed, self-service locations. 4 Abandon means leaving a shared mobility device unattended in the public right-of-way or a public area upon termination of a shared mobility device rental use. 5 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. 6 The existing ordinance’s definition of public nuisance means any condition caused, maintained or permitted to exist that constitutes a threat to the public's health, safety and welfare. This 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. Oct. 19, 2021 Item #12 Page 4 of 37 as in the business park and along the coast; and reductions in greenhouse gases consistent with the city’s Climate Action Plan goals and objectives. Providing these options helps the city implement the Mobility Element of the General Plan, Coastal Mobility Readiness Plan, and Village & Barrio Master Plan and Parking Plan. These devices, however, are not without drawbacks. They do present potential concerns, largely related to people riding them in an unsafe manner or parking them in a way that obstructs walkways. For these reasons, many cities have selected shared mobility devices with locking systems, and docks for bike parking. This approach does not allow the user to close out the rental unless the device is locked into a dock or otherwise parked appropriately. Existing businesses, such as bike rental shops in the Village, could also be affected. The San Diego Association of Governments and the coastal North County cities conducted a forum in 2018 and invited the operators of bicycle shops in the region to attend to discuss their concerns. Some expressed concerns about initially losing revenue to shared mobility providers. There are some differences between traditional bike rental businesses and shared mobility device services worth noting: •The typical user of these shared mobility devices is looking for a transportation trip, so they can pick up a bike in one location and drop it off in another. •In contrast, a bike shop rental is generally more for recreation, with the user keeping the bike for two to four hours before returning it to the shop. •The bike-shop rental bike will be comparatively less expensive for a several-hour rental and therefore more attractive than a shared bike for longer trips. Shared mobility around San Diego County Encinitas E-Bike Share Program The City of Encinitas is finalizing a plan to launch the first electronic bike-share pilot program in North San Diego County. The program is scheduled to open in mid-October 2021 and will include a fully docked system, minimizing the concerns for bike clutter, obstructions to pedestrians or potential safety issues related to poorly parked bikes within the public right-of- way. The launch of the program will include 100 e-bikes and about 200 individual bike parking docks and 10 stations, with a provision in the agreement to deploy up to 250 e-bikes and 500 parking docks during the pilot term with the city’s approval. Exhibit 2 provides more information on the presentation that the shared mobility provider BCycle presented to the Encinitas City Council. Shared mobility in the City of San Diego The City of San Diego has the most expansive program in the region, with several bicycle and scooter sharing companies authorized to provide nearly 10,000 shared mobility devices. The city adopted new regulations in 2020 to manage shared mobility devices, including a new permit process for dockless electric scooters and bikes throughout the city. These regulations require: Oct. 19, 2021 Item #12 Page 5 of 37 •Geofencing7 that prohibit device parking and restricts maximum device speed in high pedestrian traffic areas such as Balboa Park, Mission Beach Boardwalk, Petco Park and the waterfront areas •Operators to remove devices found in violation of regulations within three hours or be charged impound fees •Operators to educate riders on the regulations on operating shared mobility devices in the city including both local and state vehicle traffic regulations •Data sharing with the city for vendors to provide number of trips, trip duration, parking data and anonymized trip route data Other local shared mobility programs Other cities that allow bike-share and scooter-share or have additional regulations regarding shared mobility devices in San Diego County include: •El Cajon has an ordinance gives officials the ability to impound any dockless scooter or bike left out for more than 48 hours. •Chula Vista developed a one-year permit-based pilot program in 2019. It allows no more than 5,000 shared mobility devices in the city. In addition to the $146 annual permit fee, operators are required to pay an administrative fee of $70 per device for the initial minimum deployment of 500 devices. •Coronado impounds scooters and bikes if they are not retrieved by the shared mobility device provider within two hours of the operator being notified that they are in the city. Companies must pay a $45 impound fee as well as a $1 per day storage fee. SANDAG has set up a regional micromobility coordination effort to support local jurisdictions’ shared micromobility programs while building consensus among cities and other stakeholders on data sharing, parking and passenger loading, education and outreach, and equity. City staff continue to take part in this effort to ensure the best policies and practices are integrated into any potential city program. Options Staff offer the following options for the City Council’s consideration: 1.Follow the City of Encinitas’ model or join its pilot program after the first year of operation Pros •Would allow city staff to track the progress of the docked e-bike sharing in the City of Encinitas to prove the effectiveness of the program for future implementation in the City of Carlsbad •Provides an affordable and convenient alternative form of transportation that would allow users to avoid using personal vehicles for short trips throughout the city •May reduce traffic congestion, parking demand in the Village and elsewhere in the city, greenhouse gases •Provides a first/last mile connection to transit stops 7 Geofencing is the use of GPS or radio-frequency identification technology to create a virtual geographic boundary, enabling software to trigger a response when a mobile device enters or leaves a particular area. Oct. 19, 2021 Item #12 Page 6 of 37 •Encourages new riders by reducing barriers such as owning, transporting and storing a bicycle •Relatively low-cost and quick to implement compared to transit and roadway improvements •Potential boost for economic development by allowing visitors to travel easier within and between the city’s primary destinations •The docked vehicle parking system allows control over where e-bikes can be parked and does not block pedestrian access Cons •The use of shared mobility devices could present traffic safety concerns •Shared mobility providers may not provide important safety gear such as helmets, and may introduce new or uneasy riders to city streets •Docking stations need to be placed in readily visible locations typically within the public right-of-way, and opportunities for parking locations may be limited •Dock shortages can be a problem. Docked bike share systems often have many more docks than bikes. The Encinitas e-bike share system will have two docks for every bike. Bike-share operators may need to frequently redistribute bikes between full and empty stations to keep docks open and bikes available for use •Bike sharing is not a good option for longer rides due to the high fees that are typically charged for rides lasting longer than 15-30 minutes 2.Monitor the results of the City of San Diego’s model, which allows the use of additional shared mobility devices, including dockless e-bikes and scooters to inform development of a similar program Pros •Provides an affordable and convenient alternative form of transportation that would allow users to avoid using personal vehicles for short trips throughout the city •Dockless shared mobility devices can be left in most places, which makes point- to-point trips easier •May result in reductions in traffic congestion and parking demand in the Village and elsewhere in the city, such as the business park and along the coast, and reductions in greenhouse gases •Also provides an alternative to personal vehicles and a first/last mile connection to transit stops •Less expensive and time-consuming to implement compared to transit and roadway improvements •Potential boost for economic development by allowing visitors to travel easier within and between the city’s primary destinations Cons •Safety could be an issue, as noted with Option 1. Scooter users also may ride on the sidewalk, which may result in collisions between scooter riders and pedestrians. •Even with geofencing restrictions on parking locations, dockless e-bikes and scooters can be left in most places, which still may allow for vehicles to be Oct. 19, 2021 Item #12 Page 7 of 37 parked incorrectly and block accessible travel paths space and access in the public right of way. •Reports of “street clutter” can impact the image of the program and quality of life in the city 3.Shared mobility devices such as dockless scooters and e-bike-share can be costly to users if they are unfamiliar with the fee structure. Take no action. Pro •Can avoid the street clutter issues often associated with dockless shared mobility devices Cons •The city will offer no new options for alternative forms of transportation to personal vehicle trips. •Traffic congestion will remain unchanged and likely increase in the future and parking issues will persist in the Village. Traffic & Mobility Commission review The Traffic & Mobility Commission reviewed this item on Oct. 4, 2021, and indicated that it supports the consideration of revising the current city ordinance to allow the type of shared mobility devices that can be rented from within the public right of way to operate within the city. The commission stated that shared mobility devices would provide an effective first mile/last mile connection to transit stops and key destinations throughout the city and would be consistent with the city’s Transportation Demand Management Program, which is intended to reduce single-occupant trips by motor vehicles, and its Climate Action Plan. Exhibit 4 is the draft minutes of the Oct. 4, 2021 meeting. Fiscal Analysis Staff oversight of any proposed program changes may require additional staff or capital expenditures to process the shared mobility provider applications. No other staff or expenditures are required, although several departments will be involved with oversight, potential tagging and impounding of shared mobility devices found in violation of a proposed ordinance. Those departments include the City Attorney’s office, Public Works, Community Development and Police. Next Steps Depending on the City Council direction, staff will return at a future date with updates to the CMC that would allow the specified shared mobility devices and providers to operate within the city if the City Council directs staff to pursue Option 1 or Option 2. Staff plan to present a proposed ordinance for introduction on Nov. 2, 2021 that will incorporate the changes required by Civil Code Section 2505. Environmental Evaluation In keeping with Public Resources Code section 21065, this action does not constitute a “project” within the meaning of the California Environmental Quality Act 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. Oct. 19, 2021 Item #12 Page 8 of 37 Public Notification This item was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1.Ordinance No. CS-354, adding Chapter 10.60 – Shared Mobility Devices to the Carlsbad Municipal Code (on file in the Office of the City Clerk) 2.BCycle Presentation of the City of Encinitas E-Bike Share Program 3.Civil Code Section 2505 (Assembly Bill 1286) 4.Draft minutes of the Traffic & Mobility Commission Oct. 4, 2021, meeting Oct. 19, 2021 Item #12 Page 9 of 37 ORDINANCE NO. CS-354 AN ORDINANCE . OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE TITLE 10, BY ADDING CHAPTER 10.60 REGARDING SHARED MOBILITY DEVICES Exhibit 1 WHEREAS, shared mobility devices provide alternative modes of transportation that can reduce vehicular traffic and parking demands, reduce greenhouse gases consistent with the City of Carlsbad's Climate Action Plan, and that can facilitate implementation of the city's Mobility Element, Coastal Mobility Readiness Plan, and the Village & Barrio Master Plan and Parking Plan; and WHEREAS, the San Diego County region has experienced aggressive deployment by multiple vendors of shared mobility devices, which include bicycles and scooters which run on electricity or are propelled by the user; and WHEREAS, absent a sufficient regulatory framework, the proliferation of shared mobility devices presents serious safety concerns for pedestrians, bicyclists and drivers by creating hazards in the public right-of-way and other public areas that impede circulation and paths of travel; and WHEREAS, such devices have been involved in a number of traffic accidents in the San Diego County region, some of which have resulted in serious injuries or death; and WHEREAS, although the California Vehicle Code allows the City of Carlsbad to cite shared mobility device users and to impound devices in certain circumstances, supplemental local legislation is desirable to provide more comprehensive regulations; and WHEREAS, the proposed ordinance would regulate shared mobility devices occupying the public right-of-way and other public areas to ensure adequate pedestrian traffic flow and public safety, and to maintain public areas free of public nuisances. NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows that: SECTION I: The above recitations are true and correct. SECTION II: Carlsbad Municipal Code Chapter 10.60 is amended to read as follows: Oct. 19, 2021 Item #12 Page 10 of 37 Sections: 10.60.010 10.60.020 10.60.030 10.60.040 10.60.050 10.60.060 10.60.070 10.60.080 10.60.010 Purpose. Definitions. Chapter 10.60 SHARED MOBILITY DEVICES Prohibited conduct. lmpoundment of devices. Administrative regulations. Post summary abatement hearing procedures. Enforcement. Severability. Purpose. The purpose of this chapter is to declare that, unless specifically permitted by this Code, shared mobility devices are prohibited from constituting a public nuisance and from being abandoned or placed for rent in the public right-of-way or other public areas, so as to allow for adequate pedestrian traffic flow, ensure public safety, and to maintain public areas free of public nuisances. 10.60.020 Definitions. For the purposes of this chapter, the following definitions apply: "Abandon" means leaving a shared mobility device unattended in the public right-of-way upon termination of a shared mobility device rental use. "City Manager" means the city manager or authorized designee. "Enforcement official" means any city employee or agent of the city with the authority to enforce any provision of the municipal code. "Imminent life safety hazard" means any condition which creates a present, extreme and immediate danger to life, property, health or public safety. "Operator" means a person who manages, owns, or operates a shared mobility device business. "Person" means any natural person, firm, association, business, trust, organization, corporation, partnership, company, or any other entity, which is recognized by law as the subject of rights or duties. "Public area" means any outdoor area that is open to the members of the public for public use, whether owned or operated by the city or a private party. "Public nuisance" means any condition caused, maintained or permitted to exist that constitutes a threat to the public's health, safety and welfare, which includes, but is not limited to, Exhibit 1 Oct. 19, 2021 Item #12 Page 11 of 37 obstructing travel upon or blocking access to the public right-of-way and posing an imminent life safety hazard. "Public right-of-way" means any public alley, parkway, public transportation path, roadway, sidewalk or street that is owned, granted by easement, operated or controlled by the city. "Shared mobility device" means any wheeled transportation device, other than an automobile or motorcycle, by which a person can be propelled, moved, or drawn; is accessed via an on- demand portal, whether a smartphone application, membership card, or similar method; is displayed, placed or offered for rent in any public area or public right-of-way by an operator for shared use by members of the public; and is available to members of the public in unstaffed, self-service locations. 10.60.030 Prohibited conduct. Notwithstanding any other provision of this code, no person may: A. Display, offer or make available for rent any shared mobility device in the city; B. Abandon a shared mobility device in the public right-of-way or a public area; or C. Park, leave standing, leave lying, or otherwise place a shared mobility device in the public right-of-way or a public area in a manner that constitutes a public nuisance. 10.60.040 lmpoundment of devices. A. In accordance with Government Code section 38771 et seq., any shared mobility device that is in violation of this chapter shall constitute a public nuisance and shall be subject to immediate impoundment by the city manager without prior notice. B. As soon as practicable, the city manager shall provide written notice of the impoundment to the operator. An operator shall retrieve its impounded shared mobility device within 72 hours of written notice from the city manager. D. No operator may retrieve any impounded shared mobility device from the city except upon demonstrating proper proof of ownership of the device and payment of any applicable impound fees. E. The city council may adopt impound fees by resolution, which shall reflect the city's enforcement, investigation, administration, storage and impound costs. Operators shall bear the city's costs through a fee charged on any impounded shared mobility device. F. Any shared mobility device not retrieved from the city within 30 calendar days of being impounded shall be deemed unclaimed property and may, in the city manager's discretion, be destroyed or auctioned in accordance with applicable state and local law. A pending post summary abatement hearing under Section 10.60.050 tolls the operation of this section. Exhibit 1 Oct. 19, 2021 Item #12 Page 12 of 37 G. The foregoing provisions do not limit the city's authority to otherwise impound shared mobility devices in accordance with the State Vehicle Code. 10.60.050 Post summary abatement hearing procedures. A. The operator of a shared mobility device that has been impounded in accordance with Section 10.60.040 may request a post summary abatement hearing. The request must be submitted in writing to the city manager within 10 calendar days of the date of the city manager's written notice of impoundment. B. The city manager shall schedule a post summary abatement hearing not less than 15 days and not more than 60 days from the date of the operator's written request. C. A notice of the post summary abatement hearing shall be served on the operator at least ten calendar days prior to the date of the hearing. The notice of hearing shall be served by any of the methods of service listed in Section 1.10.040. D. The post summary abatement hearing shall be conducted by an administrative hearing officer in accordance with the following provisions: 1. The failure of any recipient of an impoundment notice to appear at the hearing shall constitute a failure to exhaust their administrative remedies. 2. An operator's failure to file an appeal shall constitute a waiver of any rights to an administrative determination of the merits of the impoundment notice and the amount of the impoundment fees. 3. At the hearing, the operator shall be given the opportunity to testify and to present evidence concerning the impoundment notice. 4. The impoundment notice and any additional report submitted by the enforcement officer shall constitute prim a facie evidence of the respective facts contained in those documents. 5. The administrative hearing officer may continue the hearing and request additional information from the enforcement officer or the operator prior to issuing a written decision. 6. After considering all of the testimony and evidence submitted at the hearing, the administrative hearing officer shall issue a written decision that lists their reasons for upholding or canceling the impoundment notice. A written copy of the administrative hearing officer's decision shall be provided to the operator. 7. The administrative hearing officer may assess the city's reasonable administrative costs, including any impound fees and all costs incurred by the city from first discovery of the violations through the appeal process and until compliance is achieved, such as staff time for Exhibit 1 Oct. 19, 2021 Item #12 Page 13 of 37 inspection of the violations, sending notices, and for preparing and attending any appeal hearing. G. The administrative hearing officer's decision is the final administrative remedy without further administrative appeals. 10.60.060 Administrative regulations. The city manager may adopt administrative regulations that are consistent with and that further the terms and requirements set forth within this chapter. All such administrative regulations must be in writing. 10.60.070 Enforcement. Violation of any provision of this chapter is punishable pursuant to chapter 1.08 of this code, or by the administrative code enforcement remedies of chapter 1.10 of this code. 10.60.080 Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. Exhibit 1 Oct. 19, 2021 Item #12 Page 14 of 37 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 14th day of May 2019, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 21st day of May 2019, by the following vote, to wit: AYES: NAYS: Hall, Blackburn, Bhat-Patel, Schumacher. None. ABSENT: Hamilton. APPROVED AS TO FORM AND LEGALITY: fU & w~ ,,-w, .. ,:;., ""'9r t11~ "1-f'--, CELIA A. BREWER, City Attorney (SEAL) Exhibit 1 Oct. 19, 2021 Item #12 Page 15 of 37 E N C I N I T A S B C Y C L E U P D A T E M A Y 1 2 , 2 0 2 1 Oct. 19, 2021 Item #12 Page 16 of 37 Introducing BCycle: 1.Launch Plan: a.Timeline b.Staffing & Management c.Station Siting 2.User fare structure 3.Advertising & sponsorship 4.Example photos Oct. 19, 2021 Item #12 Page 17 of 37 ESTIMATED TIMELINE May 12:City Council Approves Program May 14:Contract signed May –July: •Hire local team •Secure office location •Finalize station locations July-August: •Bike build •Community engagement & outreach September: Launch Encinitas BCycle! Oct. 19, 2021 Item #12 Page 18 of 37 STAFFING & MANAGEMENT •Dedicated local program team and shop with a program manager overseeing: •Location siting and permitting •Technical operations & maintenance, including FT & PT employees •City collaboration •Partnership development •Support & collaboration with regional & national BCycle teams: •Santa Barbara, CA •Madison, WI •Waterloo, WI •Broward County, FL •Greenville, SC •Nashville, TN •Encinitas team will be embedded with the Electra team as well Oct. 19, 2021 Item #12 Page 19 of 37 BENEFITS At Trek, we believe in community. We put a premium on developing relationships, and constantly strive to improve our working environment. Below, you'll find some of the benefits that make Trek a Great Place to Work. Part-time employees working 20 hours per week are benefit eligible! •$15/hr minimum wage •2 nationwide medical coverage plans •401k with company matching & ESOP •Wellness program •Educational assistance •Employee product discounts •Paid maternity leave & fertility services •Dental & vision •Life & disability insurance •FSA •Commuter benefits Oct. 19, 2021 Item #12 Page 20 of 37 Launch:Phase 1 Phase 2 Total Stations 10 15 25 Total Docks 170 225 300 Est. Active Bikes 100 125 150 STATION PLAN RECOMMENDATION Oct. 19, 2021 Item #12 Page 21 of 37 •Phase One: •10 to 15 stations •100 e-bikes •Future plans: •Further expansion in Encinitas •Exploring opportunities in other North County communities STATION PLAN Oct. 19, 2021 Item #12 Page 22 of 37 USER FARE STRUCTURE Proposed Annual Monthly Single Trip Member Fee:$150 $30 - Unlimited 60 min trips - Usage Fees: $3/30 mins $7/30 mins Oct. 19, 2021 Item #12 Page 23 of 37 ADVERTISING & SPONSORSHIP •Program supported in part with local partnerships & sponsorships, including on- bike, in-app, and potentially at station signage (aligned with local regulations) HANDLEBAR SHROUD IN-APP BASKET PANELS Oct. 19, 2021 Item #12 Page 24 of 37 EXAMPLE STATIONS Oct. 19, 2021 Item #12 Page 25 of 37 EXAMPLE STATIONS Oct. 19, 2021 Item #12 Page 26 of 37 12 Things to note: •No external power source required •Docks run on batteries •More flexible spatial planning •Wayfinding sign available for sponsorship/advertising 3.0 CONNECTED DOCK Oct. 19, 2021 Item #12 Page 27 of 37 EXAMPLE STATIONS: ENROLLMENT KIOSK Oct. 19, 2021 Item #12 Page 28 of 37 Bike Share Agreement 12 Attachment B Proposed Bike Station Locations (suject to field verification and permit approval) Bike Station Locations: Encinitas Community Park J and 101 F and 101 Moonlight Beach Ecke Sports Park Santa Fe Undercrossing G and 101 Mildred MacPherson Park Glen Park Leucadia Oaks Park Grandview Beach Access Leucadia Roaside Park Heritage Museum Encinitas Community Center Hapifish Pannikin Coffee Leo Mullen Sports pakr Viewpoint Park Swamis Beach Access Harbaugh Park Lumberyard San Diego Botanic Garden Cardiff Sports Park D Street transit Station Encinitas Beach Hotel Jackson Street El Portal Underpass/Farmer’s Market San Elijo State Campground Beacon’s Beach Stonesteps Oct. 19, 2021 Item #12 Page 29 of 37 Thank you! Oct. 19, 2021 Item #12 Page 30 of 37 Assembly Bill No. 1286 CHAPTER 91 An act to add Title 10.1 (commencing with Section 2505) to Part 4 of Division 3 of the Civil Code, relating to mobility devices. [Approved by Governor September 18, 2020. Filed with Secretary of State September 18, 2020.] legislative counsel’s digest AB 1286, Muratsuchi. Shared mobility devices: agreements. Existing law regulates contracts for particular transactions, including those in which one person agrees to give to another person the temporary possession and use of personal property, other than money for reward, and the latter agrees to return the property to the former at a future time. This bill would require a shared mobility service provider, as defined, to enter into an agreement with, or obtain a permit from, the city or county with jurisdiction over the area of use. The bill would require that the provider maintain a specified amount of commercial general liability insurance in a user agreement before distributing a shared mobility device within that jurisdiction. The bill would define shared mobility device to mean an electrically motorized board, motorized scooter, electric bicycle, bicycle, or other similar personal transportation device, except as provided. This bill would require a city or county that authorizes a shared mobility device provider to operate within its jurisdiction on or after January 1, 2021, to adopt operation, parking, and maintenance rules, as provided, regarding the use of the shared mobility devices in its jurisdiction before the provider may offer shared mobility devices for rent or use. The bill would require a city or county that authorized a provider to operate within its jurisdiction before January 1, 2021, and continues to provide that authorization to adopt operation, parking, and maintenance rules, as provided, by January 1, 2022. The people of the State of California do enact as follows: SECTION 1. Title 10.1 (commencing with Section 2505) is added to Part 4 of Division 3 of the Civil Code, to read: TITLE 10.1. SHARED MOBILITY DEVICES 2505. (a) For purposes of this title: (1) “Shared mobility device” means an electrically motorized board asdefined in Section 313.5 of the Vehicle Code, motorized scooter as defined in Section 407.5 of the Vehicle Code, electric bicycle as defined in Section 92 STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL EXHIBIT 3 Oct. 19, 2021 Item #12 Page 31 of 37 Ch. 91 — 2 — 312.5 of the Vehicle Code, bicycle as defined in Section 231 of the Vehicle Code, or other similar personal transportation device, except as provided in subdivision (b) of Section 415 of the Vehicle Code, that is made available to the public by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic or digital platform. (2) “Shared mobility service provider” or “provider” means a person orentity that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform. (b) Before distribution of a shared mobility device, a shared mobilityservice provider shall enter into an agreement with, or obtain a permit from, the city or county with jurisdiction over the area of use. The agreement or permit shall, at a minimum, require that the shared mobility service provider maintain commercial general liability insurance coverage with a carrier doing business in California, with limits not less than one million dollars ($1,000,000) for each occurrence for bodily injury or property damage, including contractual liability, personal injury, and product liability and completed operations, and not less than five million dollars ($5,000,000) aggregate for all occurrences during the policy period. The insurance shall not exclude coverage for injuries or damages caused by the shared mobility service provider to the shared mobility device user. (c) (1) A city or county that authorizes a provider to operate within itsjurisdiction on or after January 1, 2021, shall adopt rules for the operation, parking, and maintenance of shared mobility devices before a provider may offer any shared mobility device for rent or use in the city or county by any of the following: (A)Ordinance.(B)Agreement.(C)Permit terms.(2) A city or county that authorized a provider to operate within itsjurisdiction before January 1, 2021, and continues to provide that authorization shall adopt rules for the operation, parking, and maintenance of shared mobility devices by January 1, 2022, by any of the following: (A)Ordinance.(B)Agreement.(C)Permit terms.(3) A provider shall comply with all applicable rules, agreements, andpermit terms established pursuant to this subdivision. (d) Nothing in this section shall prohibit a city or county from adoptingany ordinance or regulation that is not inconsistent with this title. SEC. 2. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. O 92 Oct. 19, 2021 Item #12 Page 32 of 37 Council Chambers 1200 Carlsbad Village Drive Carlsbad, CA 92008 Tuesday, Oct. 4, 2021, 4 p.m. CALL TO ORDER: Chair Perez called the Meeting to order at 4 p.m. ROLL CALL: Present: Perez, Linke, Penseyres, Fowler and Coelho PLEDGE OF ALLEGIANCE: Chair Perez led the Pledge of Allegiance This meeting was conducted virtually via Zoom due to the stay-at-home order for COVID-19. APPROVAL OF MINUTES: Motion by Commissioner Coelho, seconded by Vice-Chair Linke to approve the minutes for the Sept. 7, 2021, meeting as presented. Motion carried: 5/0 ACTION: Motion by Chair Perez, seconded by Vice-Chair Linke to move Item 5 - Discussion on AB 361 Regarding City Council Direction to Continue Virtual Public Meeting and Consideration of Revising the Traffic and Mobility Commission Start Time to 3 p.m. While Meetings are Being Held in a Virtual Format to be the first presentation before the Approval of Minutes. Motion carried: 5/0 – Two vacancies on the T&MC 1.DISCUSSION ON AB 361 REGARDING CITY COUNCIL DIRECTION TO CONTINUE VIRTUAL PUBLIC MEETINGS AND CONSIDERATION OF REVISING THE T&MC MEETING START TIME TO 3 P.M. WHILE MEETINGS ARE BEING HELD IN A VIRTUAL FORMAT – (Staff Contact: Sheila Cobian and Nathan Schmidt, Legislative and Constituent Services Director and Public Works)- Receive an overview of the provisions of Assembly Bill 361 and continue virtual public meetings starting at 3 p.m. until City Council direct staff to resume in-person public meetings. Staff’s Recommendation: Receive a presentation and vote on the change of meeting time Legislative and Constituent Services Director Cobian presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). ACTION: Motion by Vice-chair Linke, seconded by Commissioner Penseyres to change the Traffic and Mobility Commission meeting time to 3 p.m. while meetings are being held in a virtual format. Motion carried: 5/0 EXHIBIT 4 Oct. 19, 2021 Item #12 Page 33 of 37 PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA: None CONSENT CALENDAR: This item was pulled for discussion by Commissioner Penseyres 2. PARK DRIVE STREET AND DRAINAGE IMPROVEMENTS PROJECT - Support staff’s recommendation to implement proposed street improvements on Park Drive from Marina Drive to Bayshore Drive as part of the Park Drive Street and Drainage Improvements Project, Capital Improvement Program (CIP) Project No. 6611 (Project). (Staff Contact: Hossein Ajideh and Daniel Zimny) PUBLIC COMMENT ON ITEM 3: None DISCUSSION: Commissioner Penseyres wants to discuss the addition of Class II bike lanes for about 600 feet from Park Drive to Bayshore Drive. The existing bike lanes are too narrow and are in the car door opening zone. At this location, the street is not wide enough to provide a bike buffer and the parking lane puts the bicyclist into a place where they are not seen by people coming out of driveways. He recommends that instead of adding more bike lanes, they do not add them and add sharrows instead. The other option is to add a buffered bike lane on one side, move the center line over, and add a sharrow on the other side. Engineering Manager Ajideh appreciates the good comments. Staff proposed this small bike lane extension until the road is resurfaced and they can bring forward a more comprehensive evaluation of the entire area. The focus of this project is drainage. City Traffic Engineer Kim said that staff can revise the plans and have the new bike lanes removed. A more strategic approach can be employed when the street is re-surfaced. ACTION: Motion by Vice-chair Linke, seconded by Commissioner Penseyres to approve Consent Calendar Item 1 - Park Drive Street and Drainage Improvements Project, except the addition of Class II bike lanes for about 600 feet from Park Drive to Bayshore Drive. Motion carried: 5/0 DEPARTMENTAL REPORTS: 3. POLICE MONTHLY REPORT – (Staff Contact: Sergeant Scott Merritt, Police Department) Sergeant Merritt presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk) PUBLIC COMMENT ON ITEM 3: None DISCUSSION: Chair Perez inquired about the traffic circle at El Salto Falls Street at Marron Road, to understand that segment and how it works. City Traffic Engineer Kim said that they have been previously notified of concerns from Chair Perez. Staff will take a look at the traffic circle to see if there is anything, they could do to clarify how to access the traffic circle, in addition to the present signage, which is shown on the approved design plans. Oct. 19, 2021 Item #12 Page 34 of 37 Commissioner Penseyres thanked Sergeant Merritt for the presentation and encourages the city to continue doing positive educational outreach like the breathalyzer test. Sergeant Merritt agreed that positive campaigns are good for the community and the Police Department. Vice-chair Linke asked about the design of the traffic circle. City Traffic Engineer Kim said that it is a full concrete curb and gutter traffic circle at Salto Falls Road and Marron Road. 4. UPDATE ON TRAFFIC CONCERNS AT FARADAY AVENUE AND PALMER WAY – (Staff Contact: Miriam Jim and John Kim, Public Works) Staff’s Recommendation: Receive a presentation. Senior Engineer Jim presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). PUBLIC COMMENT ON ITEM 4: None DISCUSSION: City Traffic Engineer Kim noted that this is a follow up to an item that was brought to the Traffic and Mobility Commission in April of this year. As requested, staff collected speed data and reviewed collision data to evaluate the effectiveness of the new signage. Commissioner Penseyres inquired about waiting until 2024 to complete another survey because if a roadway is faster than 35 miles per hour you usually don’t want to use sharrows for the bicyclist. City Traffic Engineer Kim said that the year 2024 is when the speed limit survey will expire per California Vehicle Code requirements. Otherwise they can do the official speed survey and speed measurements when they believe conditions have changed. Vice-chair Linke, believes there is something in the code that if conditions are not readily apparent to the driver you can move the speed limit five miles below the requirement. The consultant mentioned that there were some awkward or dangerous movements and left turns, in addition to the presence of a private driveway that might qualify for doing an official speed survey. City Traffic Engineer Kim said based on commissioner comments they will take a closer look to see if there is an opportunity to consider a reduction in speed. 5. AMEND CARLSBAD MUNICIPAL CODE, TITLE 10.60 SHARED MOBILITY DEVICES AND PROVIDE FEEDBACK ON THE FUTURE OF SHARED MOBILITY DEVICES IN THE CITY - (Staff Contact: Edd Alberto and Robby Contreras, Public Works and City Attorney) Staff’s Recommendation: Support staff’s recommendation and provide input Associate Engineer Alberto presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). PUBLIC COMMENT ON ITEM 5: None Oct. 19, 2021 Item #12 Page 35 of 37 DISCUSSION: Commissioner Penseyres would like to know if the bicycle renters can sign an agreement to follow the rules of the road. In particular, it is illegal to ride on any sidewalk. Assistant City Attorney Contreras said that AB 1286 does not speak to that as a requirement. We could go above and beyond what the law requires and insert it into the agreement. It could be a term in the agreement between the city and the provider. Transportation Planning and Mobility Manager Schmidt stated that the city could develop materials such as a flyer of pamphlet that shared mobility providers could provide to all renters that explains the rules of the road and requirements of the California Vehicle Code. Assistant City Attorney Contreras wanted to clarify that businesses that were here before the passage of AB 1286 were grandfathered in. As of January 1, 2022, these basic rules, these minimum requirements for insurance will apply. Vice-chair Linke agrees that staff should make these changes to meet the deadline. At the same time, we should start exploring first mile last mile problems that are not being addressed. We are restricting these devices to be only available at a bike shop and not were the people actually need it to solve the first mile last mile problem. Commissioner Fowler inquired why speed limits are not listed in the document. Assistant City Attorney Contreras said that speed limits are provided in the California Vehicle Code. If speed limits become a problem, we can always revisit the Ordinance and the agreement, as this is an evolving area which is why the legislature AB 1286 was painted with a rather broad brushstroke. Commissioner Penseyres agrees with Vice-chair Linke that he would really like to see us use this for the first mile last mile trip. Since this topic came to the City Council, cities have greatly improved ways to control where the people are allowed to ride, the speed, and parking via geofencing. If the bike is not returned to the appropriate place, the meter via the credit card charge, keeps running. We need to take a better look at being able to use these for the first mile last mile trip which could result in an improved more effective TDM and reduction in greenhouse gases. The type of runaway and sidewalk clutter problems that happened in San Diego, do not exist anymore to the same extent. Chair Perez asked about other golf cart esq services, different types of shared mobility, and how that is addressed. Assistant City Attorney Contreras said that AB 1286 specifically states the cities make the rules for operations, parking and maintenance. There is one business Pedego that has been here and will be grandfathered in. A potential new business Cactus E-bikes is working with the city to qualify for a business license and align with Carlsbad Municipal Code, Title 10.60. All businesses, even the ones grandfathered in will need to provide the same minimum insurance requirements and follow the rules of the road for operations, parking and maintenance. Staff will research what the City of San Diego is doing for the golf cart esq services offered by Pedego in La Jolla. Vice-chair Linke added the Neighborhood Electric Vehicles or NEV’s under the California Vehicle Code can’t be on streets with speed limits higher than 25 miles per hour. Because of the width of the NEV, they can’t fit in the bike lane, and are usually on their own dedicated street network. ACTION: Motion by Vice-chair Linke, seconded by Commissioner Penseyres to support staff’s recommendation to City Council to amend Carlsbad Municipal Code, Title 10.60 Shared Mobility Devices, and provide feedback on the future of shared mobility devices in the city and include two more recommendations: 1) Create a Fact Sheet with safety rules for the vendors to provide to renters as they use the shared Oct. 19, 2021 Item #12 Page 36 of 37 mobility devices, and 2) Explore making shared mobility devices available on public property eliminating public transit’s first mile/last mile problem. Motion carried: 5/0 CITY TRAFFIC ENGINEER REPORT: City Traffic Engineer Comments: Attachment A City Traffic Engineer Kim notified the commissioners that the new street network in the vicinity of the aforementioned El Salto Falls Street traffic circle has been recently accepted by the city and that previously reported concerns of illegal parking in the bike lanes can now be enforced by the Police Department. TRAFFIC AND MOBILITY COMMISSION COMMENTS: Vice-chair Linke inquired about the timing for reviewing items on the work plan and would like more lead time to prepare for upcoming topics. Transportation Planning and Mobility Manager Schmidt said that the Vehicle Miles Traveled VMT Analysis Guidelines is on the December Agenda. The Multi-Model Level of Service point system is with an ad-hock committee. Staff will add that to the November Agenda. ADJOURNMENT: Chair Perez adjourned the Traffic and Mobility Commission Meeting on Oct. 4, 2021, at 6:04 p.m. ___________________________ Eliane Paiva, Minutes Clerk Oct. 19, 2021 Item #12 Page 37 of 37 Tammy Cloud-McMinn From: Sent: To: Christine Davis <chris@carlsbad-village.com> Monday, October 18, 2021 7:40 PM City Clerk All Receive -Agenda Item # Q For the Information of the: CITY COUNCIL Date/o/1 9/J/CA ✓ cc ~ CM <ocM KDCM (3) ✓ Subject: Agenda Item 12 -THE FUTURE OF SHARED MOBILITY DEVICES IN CARLSBAD Mayor Matt Hall and Carlsbad City Council Members, I am writing today in regard to Agenda Item #12 THE FUTURE OF SHARED MOBILITY DEVICES IN CARLSBAD. On the surface, the idea of a shared mobility program for Carlsbad sounds good, but beneath the surface it becomes clear that it is not a good fit for downtown Carlsbad at this time. It is our opinion that continuing to study the outcomes of similar programs operating in beach communities such as Encinitas (not San Diego) is still required. Also, considerable stakeholder outreach is also necessary. Our concerns, and that of many of the businesses in Carlsbad Village, are that our already busy streets and crowded sidewalks due to Covid-related outdoor activations (curb cafes, etc.) are not conducive to a shared mobility program that will bring bike corrals, parked bikes, etc. tn addition, stakeholder outreach with our established downtown eBike providers has raised significant safety concerns that need to be further investigated. At this time we would ask that the council continue with the status quo until more data can be gathered from nearby programs and more stakeholder outreach can take place and input can be given. Thank you for your time and consideration, CHRISTINE DAVIS I Executive Director Carlsbad Village Association p: 760.644.2121 Subscribe to our eNewsletter I Become a Member! CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hello, Kurt Watson <kurtxwatson@gmail.com> Tuesday, October 19, 2021 10:28 AM City Clerk Comment for 19October2021 City council meeting I would like to make comments on severa agenda items for today's meeting. Item 9: DETERMINATION TO CONTINUE VIRTUAL PUBLIC MEETINGS All Receive -Agend.i Item # l2. For the Information of the: CITY COUNCIL Date10/19/JlcA .-----cc .r CM .,,.....-ACM_ CM (3) :;-,----- My comment: As a full-time worker working from home, I want to ask the council to please continue virtual public meetings in perpetuity. It's essentially impossible for me to attend council meetings in person, but absolutely possible for me to attend virtual meetings. Also, the pandemic IS NOT OVER until our cases are zero. There's no reason to go back to physical meetings EVER besides a little bit of nostalgia. Item 10: Data policy My comment: Please adopt option 1, and take the broadest approach possible to make public data available to the public. I would caution the council to read some articles about 'the digital dark age', a potential data loss affecting communities whose data is not properly prepared and safeguarded to be available to future generations. As an example; there may be CAD drawings the city engineers produced 20 years ago that can be opened only by 1 kind of obsolete software, and if not opened and converted to a future-proof format, will become unavailable forever. This same concern applies to every single electronic file, but can generally be avoided by converting to an 'open' format, or worst case converting to PDF. Item 12: Shared mobility My comment: Please adopt option 1, closely observe the Encinitas experience with an eye to copying their program. As an additional goal, please consider partnering with local ebike rental vendors to create a co-operative venture to place docks at hotels, both train stations, Legoland, city parks, the village, both high schools, and beach parking lots. We have the opportunity to dramatically decrease vehicle miles driven. Thank you, Kurt Watson (760)212-8890 1 Future of Shared Mobility Devices Nathan Schmidt, Transportation Planning & Mobility Manager Oct. 19, 2021 {city of Carlsbad TODAY’S PRESENTATION •Shared Mobility Devices –Background –Discussion –Options –City Council Direction ITEM 12: Future of Shared Mobility Devices ('city of Carlsbad RECOMMENDED ACTION Provide direction to staff on the future of shared mobility devices in the city ITEM 12: Future of Shared Mobility Devices ('city of Carlsbad BACKGROUND •May 2019, the city added Chapter 10.60 Shared Mobility Devices to the Carlsbad Municipal Code (CMC) •September 2020, Governor Newsom signed Assembly Bill 1286 ITEM 12: Future of Shared Mobility Devices ('city of Carlsbad SHARED MOBILITY DEVICES ITEM 12: Future of Shared Mobility Devices Source: NACTO Station-based bike share (including e-bikes) Dockless bike share (including e-bikes) Scooter share {city of Carlsbad TRIP TYPES ITEM 12: Future of Shared Mobility Devices •Typically short trips of 30 minutes or less •Resident and commuter trips: first last mile to transit stations •Visitor serving: Village, beaches, tourist Attractions, special events {city of Carlsbad •Eliminates a vehicle trip •Inexpensive for user •Convenient for user •Reduction in traffic/parking •Consistent with CAP goals BENEFITS ITEM 12: Future of Shared Mobility Devices {city of Carlsbad •Safety •Device parking/storage •Obstruction of pedestrian/bikeways DRAWBACKS ITEM 12: Future of Shared Mobility Devices {city of Carlsbad •Carlsbad Municipal Code •California Vehicle Code •California Civil Code CURRENT REGULATIONS ITEM 12: Future of Shared Mobility Devices 1111111 {city of Carlsbad •North County Coastal Cities (NCC) Bike Share •Cities of Oceanside, Carlsbad, Encinitas, Solana Beach, Del Mar •Encinitas e-bike share pilot program to open in October REGIONAL UPDATES ITEM 12: Future of Shared Mobility Devices {city of Carlsbad ITEM 12: Future of Shared Mobility Devices City of Encinitas E-Bike Share Pilot Program •City of San Diego •City of Chula Vista •City of El Cajon •City of Coronado OTHER REGIONAL UPDATES ITEM 12: Future of Shared Mobility Devices {city of Carlsbad 1.City of Encinitas model (E-Bike Pilot) 2.Modified City of San Diego model 3.Maintain status quo OPTIONS ITEM 12: Future of Shared Mobility Devices {city of Carlsbad OPTION 1 CITY OF ENCINITAS: PROS •Allows city staff to track the progress of the docked e-bike sharing •Provides an affordable and convenient alternative mobility option •May result in reductions in traffic congestion reductions and parking demand consistent with CAP goals and objectives ITEM 12: Future of Shared Mobility Devices OPTION 1 CITY OF ENCINITAS: PROS •Promotes both bicycle and transit mode share by providing a first/last mile connection to transit stops •Low-cost and quick to implement •Docked vehicle parking system allows control over where e- bikes can be parked ITEM 12: Future of Shared Mobility Devices OPTION 1 CITY OF ENCINITAS: CONS •Traffic safety concerns •Access to safety gear •Docking stations need to be placed in readily visible locations typically within the public right-of-way ITEM 12: Future of Shared Mobility Devices OPTION 1 CITY OF ENCINITAS: CONS •Bike-share staff may need to frequently redistribute bikes between docks •Bike-share could be costly to users if they are unfamiliar with the fee structure. •Not a good option for long or leisurely rides ITEM 12: Future of Shared Mobility Devices OPTION 2 CITY OF SAN DIEGO: PROS •Provides an affordable and convenient alternative mobility option •Dockless shared mobility devices can be left in most places making point-to-point trips easier •May result in reductions in traffic congestion and parking demand consistent with CAP goals and objectives ITEM 12: Future of Shared Mobility Devices OPTION 2 CITY OF SAN DIEGO: PROS •Promotes both bicycle and transit mode share by providing a first/last mile connection to transit stops •Low-cost and quick to implement ITEM 12: Future of Shared Mobility Devices OPTION 2 CITY OF SAN DIEGO: CONS •Traffic safety concerns •Safety gear not provided •Obstructions to public right-of-way •Not good option for long or leisurely rides ITEM 12: Future of Shared Mobility Devices OPTION 3 STATUS QUO: PROS •Avoids obstructions to public right-of-way •Learn from other municipalities experiences •Avoid unknown risks ITEM 12: Future of Shared Mobility Devices OPTION 3 STATUS QUO: CONS •No new options for alternative forms of transportation to personal vehicle trips •No change to auto traffic or parking demand ITEM 12: Future of Shared Mobility Devices RECOMMENDATION Provide direction to staff on the future of shared mobility devices in the city ITEM 12: Future of Shared Mobility Devices ('city of Carlsbad Thank you ITEM 12: Future of Shared Mobility Devices BICl1CWE 117 ~ YES l ~, ND ND YES YES y :9 YES IJID llHDfR ff PE 1 E-;BIIE" 117 ~ YES 20 ' NO NO YES YES y s YES IJHD(R ' l!YPE 2' E-,BIIE" 117 ~ ND 20 N1/ NO NO YES YES y :s YES -UJfD£R - . BPE 3 E-;810:" ~ YES 28 16 NO NO YES NO YES YES YE . MOPiED M ND l 116 YES YES YES NO YES YES NI •ffi'i ~~ Public Works Branch Transportation Department 1635 Faraday Avenue  Carlsbad, CA 92008  760-602-2730 t Attachment B: Map of Bike Station Locations in the City of Encinitas Overall Station Map Downtown Encinitas Detail