CC - Item 7A - Ordinance & Urgency Ordinance Adding Chapter 10.28 to Rosemead Municipal Code Prohibiting Shared On-Demand Personal Mobility Devices and Businesses and Adoption of Impound Fee ResolutionROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR LY AND CITY CO
UNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER�d \- l
DATE: DECEMBER 11, 2018
SUBJECT: ORDINANCE AND AN URGENCY ORDINANCE ADDING CHAPTER
10.28 TO THE ROSEMEAD MUNICIPAL CODE TO PROHIBIT SHARED
ON -DEMAND PERSONAL MOBILITY DEVICES AND BUSINESSES
AND ADOPTION OF IMPOUND FEE RESOLUTION
SUMMARY
Due to the proliferation of shared on -demand personal mobility devices such as bicycles and
scooters, staff is recommending City Council consider an urgency ordinance and ordinance that
prohibits such devices and their related businesses from operating within the City.
STAFF RECOMMENDATION
The City Council: (1) Adopt Urgency Ordinance No. 985; (2) Introduce and conduct a first
reading of Ordinance No. 986; and (3) Adopt Resolution No. 2018-71.
ENVIRONMENTAL REVIEW
The ordinances and accompanying resolution are not subject to the California Environmental
Quality Act ("CEQA") pursuant to the following sections of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3: (1) Section 15060(c)(2) (the activity will not result in a
direct or reasonably foreseeable indirect physical change in the environment); (2) Section
15060(c)(3) (the activity is not a project as defined in Section 15378), because the subject
regulations have no potential for resulting in any significant physical change to the environment,
directly or indirectly; and (3) Section 15378(b)(4), because activity involving the creation of
funding mechanisms is not subject to CEQA.
DISCUSSION
There has been a sudden and unforeseen proliferation of shared on -demand personal mobility
devices that operate in the public right-of-way throughout Southern California. Such devices
include both shared bicycles and shared scooters. The new and emerging business model of
AGENDA ITEM NO. 7.A
City Council Meeting
December 11, 2018
Page 2 of 3
operating shared, on -demand personal mobility devices from the public right-of-way creates
public safety concerns that impact users and bystanders, and contributes to clutter in the public
right-of-way.
Shared bicycle services have been unsuccessful in many areas of the San Gabriel Valley, with
several neighboring cities experiencing companies that implement, and then subsequently
abandon those programs as a result of low usage, taking up limited street and sidewalk space,
and dealing with abandoned bicycles in various areas of the City.
In terms of electric scooters, numerous articles have been printed concerning issues of
abandoned scooters cluttering up sidewalks, streets and other public areas. Additionally,
numerous articles have been written concerning safety concerns associated with electric scooters.
Pursuant to the California Vehicle Code, electric scooters are not allowed to be ridden:
1. by minors who do not possess a valid driver's license or permit;
2. on streets whose speeds exceed 25 miles per hour;
3. on sidewalks;
4. without a helmet;
5. by anyone with a passenger;
6. by anyone carrying a package in at least one hand
Neighboring cities have already experienced problems with electric scooter companies, including
Bird Rides Inc. For example, the City of Rosemead and its surrounding cities have experienced
a proliferation of electric scooters that are left at various locations throughout the city, including
on Walnut Grove Avenue and Valley Boulevard (both streets with speeds in excess of 25 miles
per hour), resulting in numerous individuals riding the scooters on these streets, or on the
sidewalks, without helmets and without driver licenses.
The following ordinances and resolution will prohibit the operation of these businesses within
the City, as well as the use of these shared on -demand devices. They will also establish an
impound fee to cover City staff time associated with removal and storage of the abandoned
devices from the public rights of way in the amount of $50. Given the safety concerns associated
with the use of these devices, the spontaneous nature of their arrival, the impact on public rights
of way (in terms of storage for abandoned devices), the tremendous impact on staff resources to
police and patrol the use of these devices and the evolving business model of these shared on -
demand devices, City Staff recommends that the Council adopt the attached ordinances and
resolution to prohibit these shared on -demand devices, at least until these identified concerns can
be effectively addressed by the operators, business owners, City Staff and/or future legislation.
Of note, recently adopted State Legislation that goes into effect on January 1, 2019 will eliminate
the requirement that adult riders of electric scooters wear helmets, and will also allow the City
Council (by ordinance) to authorize use of electric scooters on streets whose speed limit is up to
35 miles per hour. Given the safety concerns associated with the use of these devices, City staff
is not recommending the Council consider allowing these devices on the City's higher speed
limit, more crowded streets at this time.
City Council Meeting
December 11, 2018
Page 3 of 3
These provisions are presented as both an ordinance and also as an urgency ordinance based
upon the safety concerns and issues described in this report, and the apparent ability of these
businesses to appear without warning throughout the City. The urgency ordinance will require a
four-fifths vote of the City Council before it is approved.
Submitted by:
.rte
GrefTsujiuchi, Assistant City Manager
Prepared By:
Rachel Richman, City Attorney
Attachment A: Ordinance No. 986
Attachment B: Urgency Ordinance 985
Attachment C: Resolution 2018-71 establishing Impound Fee
Attachment A
Ordinance No. 986
ORDINANCE NO. 986
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, ADDING CHAPTER 10.28
TO THE ROSEMEAD MUNICIPAL CODE TO PROHIBIT
SHARED ON -DEMAND PERSONAL MOBILITY DEVICES
AND BUSINESSES AND DETERMINING THE ADOPTION
OF CHAPTER 10.28 IS EXEMPT FROM CEQA.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings, The City Council finds and determines as follows:
A. The purpose of this ordinance is to add Chapter 10.28 to the Rosemead
Municipal Code ("RMC") to prohibit Shared On -Demand Personal mobility
Devices and businesses to protect the use of the public right of way,
promote the public health, safety and welfare, and allow for adequate
pedestrian circulation.
B. On December 11, 2018, the City Council considered the staff report
accompanying this ordinance, the staff presentation given at such council
meeting, and comments from the public concerning this ordinance.
C. The City Council finds and determines that this ordinance is necessary to
protect the public peace, health and safety of the City's citizens and
residents.
SECTION 2. Environmental Review. The City Council exercises its
independent judgment and finds that this ordinance is not subject to the
California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3: (1) Section 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment); and (2) Section 15060(c)(3) (the activity is not a
project as defined in Section 15378), because the subject regulations have no
potential for resulting in any significant physical change to the environment,
directly or indirectly.
SECTION 3. Amendment to the RMC. The RMC is amended to add
Chapter 10.28 to read as follows:
Chapter 10.28 — Shared On -Demand Personal Mobility Devices
1110.28.010 — Definitions.
"Shared On -Demand Personal Mobility Devices" shall mean any wheeled
LA #4830-5706-4321 v1
device that has handlebars, and is designed to be either powered by an electric
motor or other power source, or to be powered by human propulsion, that is
accessed via an on -demand portal, whether through a smart -phone, access
code, I.D. card, or similar method, and is operated by a private entity that owns,
manages, maintains and insures devices for shared use by members, which are
available to members in unstaffed, self-service locations.
"Shared On -Demand Personal Mobility Device Operator" shall mean an
individual or a public, private, or non-profit entity that manages On -Demand
Personal Mobility Device.
10.28.020 — General Prohibition.
A. It shall be unlawful to provide, place or offer for use or to use a
Shared On -Demand Personal Mobility Device, or to operate as a Shared On -
Demand Personal Mobility Device Operator in any street or public right of way, or
other public place within the city in which the public has the right of travel.
B. The police department and any persons authorized by the city and
having the duty to enforce the Rosemead Municipal Code may impound the
Shared On -Demand Personal Mobility Devices of any person or Shared On -
Demand Personal Mobility Device Operator who violates the provisions of this
chapter. The impound is subject to an impound fee established by City Council
resolution.
C. The City Manager may promulgate regulations for the notification to
the Operator and return of the Devices to the Operator and as may otherwise be
necessary to implement the purpose of this chapter. Any device not retrieved
within 90 days of notice shall be subject to disposal.
10.28.030 — Violations.
Any violation of this chapter is declared to be a public nuisance and is
further subject to the administrative citation and criminal enforcement provisions
of this code."
SECTION 4. Severability. If any section, subsection, subdivision,
paragraph, sentence, clause or phrase, or portion of this ordinance is, for any
reason, held to be unconstitutional or invalid or ineffective by any court of
competent jurisdiction, such decision shall not affect the validity or effectiveness
of the remaining portions of this ordinance or any part thereof. The City Council
hereby declares that it would have adopted this ordinance and each section,
subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance
irrespective of the fact that one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared unconstitutional or
LA #4830-5706-4321 v i
invalid or ineffective. To this end the provisions of this ordinance are declared to
be severable.
SECTION 5. Publication. The City Clerk is directed to certify to the
adoption of this ordinance and publish in accordance with law.
PASSED, APPROVED, AND ADOPTED this 11 day of December, 2018.
Steven Ly, Mayor
ATTEST:
Erick Hernandez, City Clerk
APPROVED AS TO FORM
Rachel H. Richman
City Attorney
LA 44830-5706-4321 v 1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles,
State of California, hereby attest to the above signature and certify that
Ordinance No. 986 was adopted by the City Council of the City of Rosemead at a
regular meeting of said Council held on the day of , 2018,
by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Ericka Hernandez, City Clerk
LA #4830-5706-4321 v1
Attachment B
Urgency Ordinance No. 985
ORDINANCE NO. 985
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD, CALIFORNIA, ADDING
CHAPTER 10.28 TO THE ROSEMEAD MUNICIPAL
CODE TO PROHIBIT SHARED ON -DEMAND PERSONAL
MOBILITY DEVICES AND BUSINESSES AND
DETERMINING THE ADOPTION OF CHAPTER 10.28 IS
EXEMPT FROM CEQA
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings. The City Council finds and determines as follows:
A. The purpose of this ordinance is to add Chapter 10.28 to the Rosemead
Municipal Code ("RMC") to prohibit Shared On -Demand Personal mobility
Devices and businesses to protect the use of the public right of way,
promote the public health, safety and welfare, and allow for adequate
pedestrian circulation.
B. On December 11, 2018, the City Council considered the staff report
accompanying this ordinance, the staff presentation given at such council
meeting, and comments from the public concerning this ordinance.
C. The City Council finds and determines that this ordinance is necessary to
protect the public peace, health and safety of the City's citizens and
residents.
D. Government Code sections 36934 and 36937 authorize ordinances to
take effect immediately if they are for the immediate preservation of the
public peace, health or safety, contain a declaration of the facts
constituting the urgency, and are passed by a four-fifths vote of the city
council.
E. Without such an ordinance, the City finds that it will not be able to
adequately address objective health, safety, or welfare concerns of the
general public related to the proliferation of such shared On -Demand
Personal mobility Devices, including the impacts on city property and right-
of-ways and on traffic safety.
F. With the exception of an urgency ordinance, two readings are required to
adopt an ordinance: one to introduce and the second to adopt. The
upcoming holiday schedule will result in the ordinance not being effective
until February 2019.
G. Therefore, in order to protect the safety and welfare of the general public,
the City has an urgent need to consider this ordinance as an urgency
ordinance, to be effective immediately.
SECTION 2. Environmental Review. The City Council exercises its
independent judgment and finds that this ordinance is not subject to the
California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3: (1) Section 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment); and (2) Section 15060(c)(3) (the activity is not a
project as defined in Section 15378), because the subject regulations have no
potential for resulting in any significant physical change to the environment,
directly or indirectly.
SECTION 3. Amendment to the RMC. The RMC is amended to add
Chapter 10.28 to read as follows:
Chapter 10.28 — Shared On -Demand Personal Mobility Devices
"10.28.010 — Definitions.
"Shared On -Demand Personal Mobility Devices" shall mean any wheeled
device that has handlebars, and is designed to be either powered by an electric
motor or other power source, or to be powered by human propulsion, that is
accessed via an on -demand portal, whether through a smart -phone, access
code, I.D. card, or similar method, and is operated by a private entity that owns,
manages, maintains and insures devices for shared use by members, which are
available to members in unstaffed, self-service locations.
"Shared On -Demand Personal Mobility Device Operator" shall mean an
individual or a public, private, or non-profit entity that manages On -Demand
Personal Mobility Device.
10.28.020 — General Prohibition.
A. It shall be unlawful to provide, place or offer for use or to use a
Shared On -Demand Personal Mobility Device, or to operate as a Shared On -
Demand Personal Mobility Device Operator in any street or public right of way, or
other public place within the city in which the public has the right of travel.
B. The police department and any persons authorized by the city and
having the duty to enforce the Rosemead Municipal Code may impound the
Shared On -Demand Personal Mobility Devices of any person or Shared On -
Demand Personal Mobility Device Operator who violates the provisions of this
chapter. The impound is subject to an impound fee established by City Council
resolution.
C. The City Manager may promulgate regulations for the notification to
the Operator and return of the Devices to the Operator and as may otherwise be
necessary to implement the purpose of this chapter. Any device not retrieved
within 90 days of notice shall be subject to disposal.
10.28.030 — Violations.
Any violation of this chapter is declared to be a public nuisance and is
further subject to the administrative citation and criminal enforcement provisions
of this code."
SECTION 4. Severabili�. If any section, subsection, subdivision,
paragraph, sentence, clause or phrase, or portion of this ordinance is, for any
reason, held to be unconstitutional or invalid or ineffective by any court of
competent jurisdiction, such decision shall not affect the validity or effectiveness
of the remaining portions of this ordinance or any part thereof. The City Council
hereby declares that it would have adopted this ordinance and each section,
subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance
irrespective of the fact that one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared unconstitutional or
invalid or ineffective. To this end the provisions of this ordinance are declared to
be severable.
SECTION 6. Publication. The City Clerk is directed to certify to the
adoption of this ordinance and publish in accordance with law.
SECTION 6. Effective Date. This ordinance, as an urgency measure
pursuant to Government Code section 36937, takes effect immediately upon its
adoption by a four-fifths vote of the City Council.
PASSED, APPROVED, AND ADOPTED this 11th day of December, 2018.
Steven Ly, Mayor
ATTEST:
Ericka Hernandez, City Clerk
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles,
State of California, hereby attest to the above signature and certify that
Ordinance No. 985 was adopted by the City Council of the City of Rosemead at a
regular meeting of said Council held on the 11th day of December 2018, by the
following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Ericka Hernandez, City Clerk
Attachment C
Resolution No. 2015-71
RESOLUTION NO. 2018-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ESTABLISHING AN IMPOUND FEE AS
CONTEMPLATED BY ROSEMEAD MUNICIPAL CODE CHAPTER
10.28.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. RECITALS
WHEREAS on December 11, 2018, the City Council adopted by urgency an
Ordinance adopting Chapter 10.28 of the Rosemead Municipal Code ("AMC"),
and also introduced for first reading a non -urgency ordinance adopting Chapter
10.28; and
WHEREAS section 10.28.20 provides that an impound fee shall be set by City
Council resolution; and
WHEREAS the adoption of Chapter 10.28 does not make any physical changes
to the environment, as it prohibits certain activities and does not permit any
activity that is not currently occurring in the City, all as more fully described in the
staff report accompanying this Resolution.
NOW, THEREFORE, the City Council does resolve as follows:
SECTION 2. RMC SECTION 10.28.020 IMPOUND FEE
The impound fee is hereby set at $50 per device. There shall be no storage fee.
The Director of Finance is directed to modify the City's fee schedule to include
this fee.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
Signed and approved this 11�h day of December, 2018.
Steven Ly, Mayor
ATTEST:
Ericka Hernandez, City Clerk