HomeMy WebLinkAboutAdopt Interim Ordinance No. 4164 establishing a Temporary Mo , a
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City of Huntington Beach
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File #: 18-194 MEETING DATE: 7/16/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Fred A. Wilson, City Manager
Subiect:
Adopt Interim Ordinance No. 4164 establishing a Temporary Moratorium on Shared Mobility
Devices to take effect immediately (Requires 415 Vote to Adopt)
Statement of Issue:
At the July 2, 2018, meeting of the City Council, Council directed the City Manager to work with the
City Attorney to return by July 16, 2018, with a proposal for a 120-day moratorium on Shared Mobility
Device Services operating in Huntington Beach.
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Financial Impact:
This moratorium will save money and resources for the City in that it will allow the City to develop a
more thoughtful approach to regulation, thereby producing a more cost-effective result.
Recommended Action:
Adopt Interim Ordinance No.4164, "An Interim Ordinance of the City Council of the City of Huntington
Beach Establishing a Temporary Moratorium on Shared Mobility Devices to take Effect Immediately."
Alternative Action(s):
Deny the recommended interim ordinance and utilize existing laws to regulate shared mobility
devices until the City establishes additional regulations.
Analysis:
The concept of shared mobility has been applied to devices such as bicycles and electric scooters. S
hared mobility devices are especially prevalent in coastal California communities such as Santa
Monica, San Mateo, San Francisco, Venice Beach, San Diego, and Long Beach, among other cities.
Currently, Huntington Beach does not have any regulations pertaining specifically to mobility device
sharing services. The City of Huntington Beach has the opportunity to work proactively on this issue
and create regulations that will promote local business and city revenue while protecting the quality of
life and public safety in Huntington Beach.
The business model of shared mobility device companies operates such that a user can locate and
unlock a mobility device using a smart phone application and by paying a fee. When the user is done
City of Huntington Beach Page 1 of 2 Printed on 7/11/2018
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File #: 18-194 MEETING DATE: 7/16/2018
with the bicycle or scooter, they are able to park the device anywhere and relock it via the application.
Certain coastal California cities with shared mobility devices have experienced challenges to public
safety where the public is endangered by bicycle and scooter riders ignoring local and state traffic
regulations, riding on sidewalks, or without a helmet.
In addition, many users leave bicycles and scooters haphazardly parked in public pathways or
sidewalks which could potentially limit or delay access for fire and police emergency vehicles to
critical locations, or at a minimum, create a tripping hazard for pedestrians. Moreover, when bicycles
and scooters are abandoned in non-designated locations, individuals with disabilities are unable to
fully utilize curbs, ramps and other ADA compliant structures that help ensure their safety.
In order to address these problems, many cities are in the process of regulating shared mobility
devices. A temporary land use regulation (often called a "moratorium") is a mechanism by which a
zoning regulation is adopted for a limited period of time. State law requires a current and immediate
threat to the public health, safety and welfare in order to adopt a moratorium.
In this case, the City of Huntington Beach has become aware of a growing threat to public safety in
the form of shared mobility devices creating traffic, pedestrian and other direct access problems in
the City's right of way, including streets, curbs, alleys and sidewalks. The City will need to adopt as
an urgency measure an interim ordinance to stem the proliferation of shared mobility devices long
enough for City staff to introduce a comprehensive regulatory scheme to address potential public
safety issues created by unregulated shared mobility devices.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Enhance and maintain public safety
Attachment(s):
1. Interim Ordinance No.4164 of the City Council of the City of Huntington Beach Establishing a
Temporary Moratorium on Shared Mobility Devices
City of Huntington Beach Page 2 of 2 Printed on 7/11/2018
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ORDINANCE NO. 4164
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ESTABLISHING A TEMPORARY
MORATORIUM ON DOCKLESS SHARED MOBILITY DEVICES (BIKES AND
SCOOTERS) AND RELATED SHARED MOBILITY DEVICE BUSINESSES
WHEREAS, Government Code section 65858 provides that the City Council, to protect
public health, safety, and welfare, may adopt as an urgency measure an interim ordinance
prohibiting certain uses while the City studies those uses; and
Shared mobility devices (e.g. bicycles and scooters) can be accessed using a mobile
application that allows a user to unlock the device remotely, activating a rental of the device for
typically $1 plus $0.15 per minute of use
Shared mobility devices are offered in either a"docked" system or a"dockless" system.
In a docked system, the renter must return the device to a docking station in order to terminate
the rental period. In a dockless system, the renter can terminate the rental period using the mobile
application to lock the device. Once locked, the device can be left anywhere the renter chooses.
Using GPS technology, the mobile application shows the location of all available devices.
Dockless devices have sprouted up all over California and in particular in beach
communities to the north and south of Huntington Beach.
The dockless devices have been especially problematic for cities because many users
leave the bicycles and scooters haphazardly in public pathways or on sidewalks, creating a
tripping hazard. In addition, it has been reported that certain mobility device users ignore local
and state traffic regulation and ride on sidewalks or without a helmet.
City staff needs time to study this issue and to present a recommendation to the City
Council as to the proper City regulation of these dockless shared mobility devices and related
businesses; and
The City Council does hereby find that the problem of dockless shared mobility devices
is a current and immediate threat to the public health, safety and welfare of the community
because if dockless shared mobility device businesses were to begin operation before the City
can study and implement the authority to safely regulate these businesses the public rights of
way including streets and sidewalks may be compromised,
NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as
follows:
SECTION 1. That the above recitals are true and correct and are adopted as the City
Council's findings.
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18-6674/184272/mv
ORDINANCE NO. 4164
SECTION 2. In order to protect the public health, safety and welfare of the community
and pursuant to the provisions of Government Code §65858, a moratorium is hereby established
prohibiting dockless shared mobility devices and related businesses in this City and new
dockless shared mobility device businesses shall not be approved nor shall they operate while
this moratorium is in effect.
SECTION 3. That City staff is directed to study the details of these dockless shared
mobility device businesses and report back to the City Council in an expeditious manner before
this ordinance or any lawful extension expires.
SECTION 4. This ordinance is declared to be an urgency measure and interim ordinance
adopted pursuant to the provisions of Government Code Section 65858. As set forth in the
findings above, this ordinance is necessary for preserving the public health, safety and welfare of
the community. Accordingly, upon adoption by a four-fifths vote of the City Council, this
ordinance shall take effect immediately.
SECTION 5. That this ordinance is adopted by at least a 4/5 vote of the City Council.
SECTION 6. This ordinance shall be of no further force or effect upon the expiration of
one-hundred-twenty (120) days from the date of adoption, unless extended in accordance with
California Government §65858.
SECTION 7. If any section, sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and adopted this ordinance and
each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Further, the City Council hereby declares that this ordinance neither is intended to nor shall it
impair the obligation of existing contracts.
SECTION 8. The City Clerk shall cause this ordinance to be posted in three places
designated by City Council pursuant to City Charter Section 500(c) and published by title with a
brief summary at least once within fifteen (15) days after its adoption in a newspaper of general
circulation, published in the County of Orange and circulated in the City, in accordance with
Section 36933 of the California Government Code; shall certify to the adoption of this ordinance
and shall cause a certified copy of this ordinance, together with proof of publication, to be filed
in the Office of the Clerk of this City.
SECTION 9. The City Council finds that, regarding the California Environmental Quality
Act (CEQA), there is no possibility that the adoption of this ordinance may have a significant
adverse effect on the environment (CEQA Guideline 15061 (b)(3)).
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18-6674/184272/mv
ORDINANCE NO. 4164
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of July , 2018.
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Mayor all
ATTE : APPROVED A TO FORM:
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\City Clerk City AWtorhey
REVIEW APPROVED:
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18-6674/184272/mv
Interim Ord. No. 4164
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the City
of Huntington Beach is seven; that the foregoing ordinance was read to said City
Council at a regular meeting thereof held on July 16,2018 and was passed and
adopted by at least six affirmative votes of said City Council.
AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
I,ROBIN ESTANISLAU,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Wave on: July 26,2018. 4g�)�
In accordance with the City Charter of said City.
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
Deputy city clerk of the City Council of the City
of Huntington Beach, California
7/16/2018
ADOPT INTERIM ORDINANCE N0. 4164
ESTABLISHING A TEMPORARY MORATORIUM
ON SHARED MOBILITY DEVICES
City Council July 16,2018
Administrative Item #30 (18-194)
BACKGROUND
At the July 2,2018 City Council Meeting,Council directed the City Manager to
work with the City Attorney to bring back a proposal for a 120-day
moratorium on Shared Mobility Device Services operating in Huntington
Beach.
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COMMUNICATION
Meeting gate:_
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Agenda Item No.:
7/16/2018
ANALYSIS
The City currently does not have any regulations pertaining
specifically to mobility device sharing services(e.g.Lime Bike,Offo,
etc.).
Users of these services often leave bicycles and scooters in the
public right-of-way which could limit or delay access. Creating _
hazards.
To address these issues cities are in the process of regulating these
devices(e.g.Santa Monica,San Francisco,etc.)
This moratorium enables the City to work proactively on this issue
and create regulations that will promote local business while '
protecting the quality of life and public safety in the City. 1t�I e
Additionally,this moratorium signals to the shared mobility device ;,a.; y
companies that they are not allowed to operate in the City until a ,,..
comprehensive regulatory scheme to address potential public safety
issues created by these devices is created and implemented. - — JA
QUESTIONS?
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