Item E-8 Agenda Report — Beverly Hills City Council, March 11, 2024

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AGENDA REPORT
Meeting Date: March 11, 2024
Item Number:

To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Director of Public Works/City Engineer Martha Eros, Transportation Planner
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING CHAPTER 6 (SHARED MOBILITY DEVICES) OF TITLE 7 (TRAFFIC,

PARKING, AND PUBLIC TRANSPORTATION) OF THE BEVERLY

HILLS MUNICIPAL CODE TO EXTEND THE PROHIBITION ON

SHARED MOBILITY DEVICES BEING PLACED IN ANY PUBLIC

RIGHT-OF-WAY OR ON PUBLIC PROPERTY, OPERATED IN ANY

PUBLIC RIGHT-OF-WAY OR ON PUBLIC PROPERTY, OR

OFFERED FOR USE ANYWHERE IN THE CITY, AND TO REPEAL

THE SUNSET DATE OF SUCH PROHIBITION
Attachments: 1. Ordinance

2. November 17, 2020 City Council Agenda Minutes (excerpt)

3. November 17, 2020 City Council Agenda Report (without attachment)

RECOMMENDATION
Staff recommends that City Council waive the full reading of the ordinance and that the ordinance entitled “An Ordinance of the City of Beverly Hills Amending Chapter 6 (Shared Mobility Devices) of Title 7 (Traffic, Parking, and Public Transportation) of the Beverly Hills Municipal Code to Readopt the Prohibition on Shared Mobility Devices Being Placed in any Public Right-of-Way or on Public Property, Operated in any Public Right-of-Way or on Public Property, or Offered for Use Anywhere in the City, and to Repeal the Sunset Date of Such Prohibition” be introduced for first reading.

Staff recommends removing the sunset clause and extending the prohibition of shared mobility devices.

INTRODUCTION
Operation of shared use mobility devices, such as scooters or bicycles, has been prohibited within the City of Beverly Hills through a series of temporary ordinances since July 2018. The Meeting Date: March 11, 2024

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most recent ordinance (Ordinance 20-O-2829), which was approved in November 2020, is set to expire on April 18, 2024, unless extended by City Council.

Background
On July 24, 2018, City Council approved Urgency Ordinance 18-O-2757 which established a six-month prohibition of shared mobility devices in Beverly Hills. On December 18, 2018, City Council approved Ordinance 18-O-2769 extending the prohibition through January 17, 2020.

On November 5, 2019, City Council considered allowing shared mobility only along the bike lanes on North Santa Monica Boulevard, initiating a pilot program with one or more scooter operators, or extending the citywide prohibition. Following the discussion, City Council voted to approve Ordinance 19-O-2794 extending the prohibition through January 20, 2021.

On November 17, 2020, City Council revisited the prohibition of shared mobility devices in the City and approved Ordinance 20-O-2829 extending the ban “until one year after either the California Governor lifts the COVID-19 State of Emergency, or the City Council lifts the COVID19 State of Emergency, whichever is later, at which time it shall become ineffective unless the City Council acts to extend it.” The State emergency order was lifted on February 28, 2023, and the City’s emergency order was lifted on April 18, 2023. Therefore, the ordinance is set to expire on April 18, 2024 unless extended by City Council.

In the three years since Ordinance 20-O-2829 was approved, there have been no notable changes in how shared mobility vendors operate that would address the concerns that led to the citywide prohibition. Staff has spoken with representatives of Bird and Lime regarding other issues (e.g., retrieving impounded scooters), and they have not indicated any operational changes or a desire to work with the City to address geofencing, operations/data sharing, or device parking concerns.

Transportation Planning staff continues to participate in roundtable discussions with staff from other local jurisdictions. General comments regarding shared mobility companies include the increase in inventory theft, vandalism, reduction in number of vendors operating in certain areas, and vendor suspension due to permit violations such as slow response to real-time complaints and not closing service requests within specified contract timelines.

Until shared mobility operators implement technological and operational changes that address the concerns raised by City Council, residents and businesses, staff recommends removing the sunset date from the ordinance. City Council may later reconsider this policy and, if such direction is taken in the future, consider amending the code accordingly.

The proposed ordinance will take effect 30 days after City Council adoption. The second reading for the proposed ordinance is tentatively scheduled for the March 18, 2024 City Council formal agenda.

Alternatives
 Extending the prohibition with a specific sunset period (e.g., one or more years)  Initiate a Pilot Program with one or two shared mobility operators  Allow shared mobility devices on certain streets only (e.g., streets with dedicated bike lanes: North Santa Monica Blvd, Burton Way, Crescent Dr, Beverly Blvd) and continue ban on all other streets
 Lift the prohibition entirely (not recommended)
Meeting Date: March 11, 2024

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Public Outreach
Notices advising of City Council’s review of the shared mobility ordinance at the March 11, 2024 formal meeting were emailed to community members and shared mobility company representatives who participated in previous shared mobility discussions.

ENVIRONMENTAL REVIEW
The proposed ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The ordinance is exempt from the requirements of CEQA because it does not qualify as a “project” under CEQA, pursuant to CEQA Guidelines Section 15061(b)(3) since there is no possibility that continuing the current policy of prohibiting shared mobility devices from being placed in the public right-of-way or on public property, operated in the public right-of-way or on public property, or offered for use anywhere in the City will have a significant effect on the environment.

The ordinance is additionally exempt from CEQA pursuant to CEQA Guidelines Section 15301(C), as it involves no expansion of the use of existing facilities, a category that includes streets and sidewalks, and pursuant to CEQA Guidelines Section 15270 which provides an exemption for projects which are disapproved.

FISCAL IMPACT
There is no significant fiscal impact related to this ordinance.

Shana Epstein
Director of Public Works
Approved By
Attachment 1
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B0785-0001\2924554v2.doc
ORDINANCE NO. 24-O-______

AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING CHAPTER 6 (SHARED MOBILITY DEVICES) OF
TITLE 7 (TRAFFIC, PARKING, AND PUBLIC

TRANSPORTATION) OF THE BEVERLY HILLS MUNICIPAL

CODE TO EXTEND THE PROHIBITION ON SHARED

MOBILITY DEVICES BEING PLACED IN ANY PUBLIC

RIGHT-OF-WAY OR ON PUBLIC PROPERTY, OPERATED IN

ANY PUBLIC RIGHT-OF-WAY OR ON PUBLIC PROPERTY,

OR OFFERED FOR USE ANYWHERE IN THE CITY, AND TO

REPEAL THE SUNSET DATE OF SUCH PROHIBITION

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY DOES ORDAIN AS FOLLOWS:

Section 1. On July 24, 2018, the City Council enacted an urgency ordinance (Ord. 18- 0-2757) prohibiting for six months shared mobility devices from being placed in the public rightof-way or on public property, operated in the public right-of-way or on public property, or offered for use anywhere in the City (referred to herein as “the prohibition”). On December 18, 2018, the City Council enacted an ordinance (Ord. 18-O-2769) extending the prohibition for an additional twelve months until January 17, 2020. On November 19, 2019 the City Council enacted an ordinance (Ord. 19-O-2794) extending the prohibition for an additional twelve months until January 10, 2021.

Section 2. On March 15, 2020 the City Manager, acting as the Director of Emergency Services, enacted a local state of emergency related to the coronavirus pandemic. On December 1, 2020 the City Council enacted ordinance 20-O-2829 again extending the shared-mobility prohibition until one year after local state of emergency is ended by the latter date designated by the State of California or the City of Beverly Hills. On April 18, 2023 the City Council adopted -2-
B0785-0001\2924554v2.doc
resolution 23-R-13455 ending the local state of emergency, thus the existing ordinance sunset date is set for April 18, 2024. These extensions of the prohibition were necessary in order to address the serious safety hazards posed by the proliferation of unregulated shared mobility devices being illegally operated on the sidewalk and abandoned haphazardly on public and private property. The City remains open to exploring the feasibility of an alternative regulatory scheme or pilot project involving shared mobility devices. However, there is no pilot project or alternative regulatory scheme yet in place in the City. The City therefore intends to extend the prohibition beyond the April 18, 2024 sunset date by repealing the sunset date section.

Section 3. This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The adoption and implementation of the Ordinance would extend the current prohibition on shared mobility devices being placed in the public rightof-way or on public property, operated in the public right-of-way or on public property, or offered for use anywhere in the City. The Ordinance is exempt from the requirements of CEQA because it does not qualify as a project under CEQA and pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that continuing its current policy of prohibiting shared mobility devices from being placed in the public right-of-way or on public property, operated in the public right-of-way or on public property, or offered for use anywhere in the City will have a significant effect on the environment. The Ordinance is additionally exempt from CEQA pursuant to CEQA Guidelines Section 15301(c), as it involves no expansion of the use of existing facilities, a category that includes streets and sidewalks. -3-
B0785-0001\2924554v2.doc
Section 4. The City Council of the City of Beverly Hills hereby extends the prohibition on shared mobility devices found in Chapter 6 (Shared Mobility Devices) of Title 7 (Traffic, Parking, and Public Transportation) of the Beverly Hills Municipal Code by deleting Section 7-6- 5 (Sunset Provision), which is hereby repealed.

Section 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.

Section 6. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and this certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Section 7. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Section 8. Certification. The City Clerk shall certify to the adoption of this Ordinance.
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B0785-0001\2924554v2.doc
Adopted:

Effective:

JULIAN A. GOLD, M.D.

Mayor of the City of
Beverly Hills, California
ATTEST:
_______________________________(SEAL)

HUMA AHMED
City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER
City Attorney

NANCY HUNT-COFFEY
City Manager
Attachment 2

CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills, CA 90210

MINUTES

CITY COUNCIL REGULAR MEETING AND PARKING AUTHORITY MEETING November 17, 2020
7:00 p.m.

Pursuant to Executive Order N-25-20 members of the Beverly Hills City Council and staff may participate in this meeting via teleconference/video conference. In the interest of maintaining appropriate social distancing, members of the public can access City Council meetings telephonically, through live webcast, and BHTV Channel 10 on Spectrum Cable.

Public Comment Participation:

Closed Session
- Audio/Listen: (written public comments read into the record): Dial (916) 235-1420 or (888) 468-1195 (participant code 216193).

Email: [email protected]
Regular Meeting
- Audio/Oral: 310-288-2288
Email: [email protected]
Video (during public comment only): https://www.gotomeet.me/BevPublic How to Submit Public Comment (EmailNideo)
It is recommended that public written comments be submitted to the City Clerk's office by 12:00 p.m. on the meeting date. Public comments will also be taken during the meeting when the topic is being reviewed by the City Council. Written comments should identify the Agenda Item Number or Topic in the subject line of the email. Written comments will be allowed with a maximum of 350 words, which corresponds to approximately 3 minutes of speaking time.

If a comment is received after the agenda item is heard, it will not be a part of the record. Public comment via video conference will be 3 minutes per each individual comment, subject to City Council discretion.

Public Hearing Item F-1
Pursuant to the mailed Notice of Public Hearing, written protests may be delivered to the City Clerk prior to the end of the public hearing at 455 N. Rexford Drive, Beverly Hills, CA 90210.

Given that City Hall is closed due to COVID-19, the Park Ranger located at the front door of City Hall will receive any written protests and immediately alert the City Clerk's office.

The City Council Regular Meeting and Parking Authority Meeting was called to order by Mayor Friedman at 7:03 p.m.

E-3
City Council/Parking Authority Meeting Minutes
November 17, 2020

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Video Comment:

1. Micheal Geller

2. Mark Egerman

3. Oma Wollens
Telephone Call-in:

1. Michael Newmann
Written Comments Read into the Record:

1. Rob Flores

2. Earl Bercovitch
There were no other members of the audience who wished to comment. Mayor Friedman closed the public hearing.

Councilmember Mirisch expressed concern that the ordinance does not have enough long-term considerations, and cited potential problems and negative impacts.

There were no further questions or comments from Councilmembers.

MOVED by Councilmember Bosse, seconded by Councilmember Gold, to adopt Ordinance F-2 as follows:

AN URGENCY ORDINANCE OF THE CITY OF BEVERLY HILLS

MODIFYING MEDICAL USE REGULATIONS FOR CERTAIN

COMMERCIAL ZONES IN THE CITY AND DECLARING THE URGENCY

THEREOF
Ayes: Councilmember Gold, Councilmember Bosse, Vice Mayor Wunderlich, and Mayor Friedman.

Noes: Councilmember Mirisch.

CARRIED
ITEM F-2: ADOPTED, ORD# 20-0-2826
G. CITY COUNCIL CONTINUED AND NEW BUSINESS

1. AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING CHAPTER 6 {SHARED MOBILITY DEVICES) OF TITLE 7 {TRAFFIC, PARKING, AND PUBLIC

TRANSPORTATION) OF THE BEVERLY HILLS MUNICIPAL CODE TO EXTEND THE

PROHIBITION ON SHARED MOBILITY DEVICES BEING PLACED IN ANY PUBLIC RIGHT-OF-WAY OR ON PUBLIC PROPERTY, OPERATED IN ANY PUBLIC RIGHTOF-WAY OR ON PUBLIC PROPERTY, OR OFFERED FOR USE ANYWHERE IN THE CITY, AND TO REPEAL THE SUNSET DATE OF SUCH PROHIBITION. First Reading - For Introduction.

Comment: Extends the prohibition of shared mobility devices beyond the January 10, 2021 sunset date by repealing the sunset date section
City Council/Parking Authority Meeting Minutes
November 17, 2020

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Deputy Director of Transportation Aaron Kunz provided background information on the item, noting that the current ordinance will expire on January 10, 2021, and the staff recommendation is to repeal the sunset date.

Video Comments:

1. Michael Schneider

2. Tim Alborg - Spin
Written Comments Read into the Record:

1. Phuong Bui

2. Marcus Owens
• With similar comments received from:
o Skyler Hurt
o David Woodard
o Lucy Stutz
o Jasmine Little
o Olga Lexell
o Topher Hendricks
o Amelie Cherlin
o Chase Engelhardt
o Mark Curtis
o Carey Bemnett
o Patricia Bijvoet
o Lila Singer-Berk
o Adam Linder
o Aaron Stein-Chester
o Blake Irving
o Arjun Kolachalam
o Tom Ciszek
o Bernadette Jaeger
o Jacqui Swartz

3. Alex Marchinski

4. George Hewitt

5. Nyla Arsinian

6. Nick Musolino

7. Tim Harter

8. Marc Memenella

9. Noam Rosenthal

10. Mark Elliot

11. Kory Klem
Councilmember Gold expressed his support to renew the ordinance. Councilmember Bosse stated that she is in support of the recommendation to extend the prohibition and repeal the sunset. Councilmember Mirisch suggested looking into revenue sharing, accountability issues, and, reinforcing safety. He did not support removing the sunset but supported extending it for a year. Vice Mayor Wunderlich stated he does not support allowing shared mobility at this time. He agreed with Councilmember Mirisch not to remove the sunset but extend it for another year and re-evaluate.

City Council/Parking Authority Meeting Minutes
November 17, 2020

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Councilmember Gold and Mayor Friedman suggested extending the prohibition one year after lifting the declaration of emergency order. Council majority agreed to amend Section 7-6-5 for the ordinance to remain in effect until the Governor lifts the COVID19 state of emergency or the City Council lifts the COVID-19 state of emergency plus one year, whichever is later.

MOVED by Councilmember Gold, seconded by Councilmember Bosse, to introduce and read by title only as amended, advance to the meeting of December 1, 2020 for adoption as amended
Ayes: Councilmember Gold, Councilmember Bosse, Vice Mayor Wunderlich, and Mayor Friedman.

Noes: Councilmember Mirisch.

CARRIED
ITEM G-1: INTRODUCED AND READ BY TITLE ONLY AS AMENDED, ADVANCE TO THE MEETING OF DECEMBER 1, 2020 FOR ADOPTION AS AMENDED H. COMMISSION SYNOPSIS

1. TRAFFIC AND PARKING COMMISSION - Regular Meeting of October 1, 2020 RENT STABILIZATION COMMISSION - Special Meeting of October 7, 2020 RENT STABILIZATION COMMISSION - Regular Meeting of October 7, 2020 HEAL TH AND SAFETY COMMIMSSION - Regular Meeting of October 26, 2020 ITEM H-1: NO ACTION TAKEN
I. OTHER BUSINESS
None
J. ADJOURNMENT
The next City Council meeting is scheduled for December 1, 2020.

There being no further business, Mayor/Chair Friedman, with the consent of the City Council/Parking Authority, adjourned the meeting at 10:34 p.m.

City Council/Parking Authority Meeting Minutes
November 17, 2020

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PASSED, Approved and Adopted
this 12th day of January, 2021
LESTER J. FRIEDMAN, MAYOR/CHAIR
HUMA AHMED, City Clerk/stttary
This meeting was broadcast on live television, on City of Beverly Hills municipal government television access Channel BHTV10 Spectrum Cable.

Attachment 3

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AGENDA REPORT
Meeting Date: November 17, 2020
Item Number:

To: Honorable Mayor & City Council
From: Aaron Kunz, Deputy Director of Transportation
Martha Eros, Transportation Planner
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING CHAPTER 6 (SHARED MOBILITY DEVICES) OF TITLE 7 (TRAFFIC,

PARKING, AND PUBLIC TRANSPORTATION) OF THE BEVERLY

HILLS MUNICIPAL CODE TO EXTEND THE PROHIBITION ON

SHARED MOBILITY DEVICES BEING PLACED IN ANY PUBLIC

RIGHT-OF-WAY OR ON PUBLIC PROPERTY, OPERATED IN ANY

PUBLIC RIGHT-OF-WAY OR ON PUBLIC PROPERTY, OR

OFFERED FOR USE ANYWHERE IN THE CITY, AND TO REPEAL

THE SUNSET DATE OF SUCH PROHIBITION
Attachments: 1. Ordinance

RECOMMENDATION
Staff recommends that the City Council move to waive the full reading of the ordinance, and that the ordinance entitled: “An ordinance of the City of Beverly Hills amending Chapter 6 (Shared Mobility Devices) of Title 7 (Traffic, Parking, and Public Transportation) of the Beverly Hills Municipal Code to extend the prohibition on shared mobility devices being placed in any public right-of-way or on public property, operated in any public rightof-way or on public property, or offered for use anywhere in the City, and to repeal the sunset date of such prohibition” be introduced by title only.

FISCAL IMPACT
There is no significant fiscal impact related to this ordinance at this time.

INTRODUCTION
On July 24, 2018, the City Council adopted an urgency ordinance prohibiting the use, placement, parking, and/or the offering (i.e., rental or sale of service) of use of shared G-1
Meeting Date: November 17, 2020

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mobility devices1to address safety hazards posed by the proliferation of unregulated shared mobility devices being illegally operated on the sidewalk and abandoned haphazardly on public and private property.

Ordinance No. 18-O-2757 added Chapter 6 Shared Mobility Devices to Title 7 Traffic, Parking, and Public Transportation of the Beverly Hills Municipal Code (BHMC) to define general requirements and violations associated with shared mobility devices. The urgency ordinance included a six month sunset provision2. On December 18, 2018, the City Council adopted Ordinance No. 18-O-2769 to extend the prohibition through January 17, 2020.

At the November 5, 2019 City Council Formal Meeting, staff provided a report on shared mobility regulations in other jurisdictions, and options for a potential pilot shared mobility program in the City. The options included:
(1) continuing with the prohibition of shared mobility devices in the City; (2) modifying the municipal code to only allow shared mobility devices to traverse the city along the North Santa Monica Boulevard bike lanes; (3) releasing a Request for Proposal (RFP) for a pilot shared mobility program; or (4) negotiating a limited term operating agreement with a specific shared mobility vendor(s) rather than an RFP.

The City Council agreed the prohibition should be extended an additional year. On December 10, 2019, the City Council adopted Ordinance No. 19-O-2794 to extend the prohibition through January 10, 2021.

DISCUSSION
As noted above, the City currently prohibits shared mobility devices. Some neighboring cities also prohibit shared mobility devices, and some neighboring cities allow shared mobility devices.

Due to the COVID-19 pandemic and Safer at Home orders issued beginning in March 2020, neighboring jurisdictions observed a sharp decline in shared mobility device ridership followed by a gradual increase in late summer 2020. A number of shared mobility companies also ceased operations permanently. Below is a brief summary of the current status of shared mobility programs in neighboring cities, noting some COVID-19 pandemic impacts on such programs:
 Santa Monica
In September 2018, the City of Santa Monica launched a 16-month Shared Mobility Pilot Program that permitted four shared mobility companies–Bird, Jump, Lime, and Lyft–to operate in the city. In April/May 2020, Lime and Jump (which was purchased by Lime in May 2020) ceased operations in the city. On May 26, 2020, the Santa Monica City Council voted to extend the pilot program through April 30,

1 Shared Mobility Device is designed by the Beverly Hills Municipal Code to mean “any wheeled device, other than an automobile or motorcycle, that is powered by a motor; is accessed via an on-demand portal, whether a smartphone application, membership card, or similar method; is operated by a private entity that owns, manages, and maintains devices for shared use by members of the public; and is available to members of the public in unstaffed, self-service locations, except for those locations which are designated by the City.” (Beverly Hills Municipal Code § 7-6-2) 2 Ordinance No. 18-O-2757, Section 7-6-5 Sunset Provision, July 24, 2018.

Meeting Date: November 17, 2020

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2021. The City of Santa Monica currently allows a total of 2,000 devices in the city (Bird 750 scooters; Lyft 750 scooters and 500 e-bikes).  West Hollywood
Since June 18, 2018, the City of West Hollywood continues to prohibit all shared mobility devices from being picked up and dropped off in the city. In 2019, the City of West Hollywood issued an RFP for a dockless electric bike pilot program. The RFP process was placed on hold due to the COVID-19 pandemic.  Culver City
In July/August 2018, the City of Culver City established a Scooter Share Pilot Program and executed interim operating agreements (IOA) with Bird and Lime.

Each company was permitted to deploy 200 scooters. Bird’s IOA was extended through March 31, 2020, and Lime declined to extend their IOA beyond September 30, 2019. Phase-1 of the pilot program ended on March 31, 2020. Shared mobility companies were not allowed to operate in Culver City from April 1, 2020 through August 16, 2020.

The Culver City Council approved a second phase of the pilot program, which authorized the City Manager to execute operating agreements for two shared mobility operators. Each operator may deploy up to 200 vehicles in the initial deployment, but may increase the number of vehicles by requesting approval from the City. The second phase of the pilot program started on August 17, 2020 with Wheels as the only operator. Culver City’s operating agreement (OA) with Wheels is set to expire on June 30, 2021, but the OA may be extended for up to three additional one-year periods if authorized by the City Manager.  Los Angeles
On September 4, 2018, the Los Angeles City Council approved a shared mobility pilot program, starting with a 120-day conditional permit phase, followed by a oneyear permit period. During the pilot program, the City of Los Angeles permitted 36,170 devices across eight operators (Spin, Bird, Lime, Lyft, Sherpa, Bolt, Jump, and Wheels). The City extended the pilot program through December 31, 2020.

Bolt and Jump ceased operations in March/April 2020.

Transportation Planning staff continues to participate in conversations with staff of nearby cities3. General comments regarding shared mobility companies include vendors’ inaccurate data reporting and deployment of devices over the required permit limit. Certain companies have been suspended from operating in these cities due to policy/guideline violations.

Additionally, the Governor recently signed Assembly Bill (“AB”) 1286, effective January 1, 2021. AB 1286 requires a shared mobility service provider to enter into an agreement with, or obtain a permit from, the city or county with jurisdiction over the area of use before the distribution of a shared mobility device therein. If a city or county allows shared mobility devices then the providers must maintain certain insurance. Additionally, rules regarding the operation, parking, and maintenance of the shared mobility devices must be adopted.

Thus, under state law no devices can be distributed in a jurisdiction unless they are permitted or allowed by an agreement.

3 Los Angeles, Santa Monica, Culver City, West Hollywood, and Long Beach Meeting Date: November 17, 2020

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AB 1286 does not, however, explicitly address or provide rules on the operation or use of shared mobility devices in jurisdictions that do not authorize the distribution of shared mobility devices, such as the requirements in paragraphs A and B of Section 7-6-3 of the Code prohibiting leaving or operating shared mobility devices on public property or the public-right-of-way in the City. AB 1286 does not prohibit a city or county from adopting any ordinance or regulation that is not inconsistent with this statute.

Next Steps
As noted above, the City’s current code provisions addressing shared mobility devices will sunset January 10, 2021 without further action. Although shared mobility devices could be a future transportation option in the City, staff recommends continuing the prohibition of shared mobility devices at this time due to the following reasons:
 OpenBH program businesses: The City started the OpenBH program that allowed businesses to temporarily expand their services to the public right-of-way. Shared mobility devices could disrupt already busy/crowded sidewalks and create conflict with patrons of OpenBH businesses.
 Staffing/resources: Additional resources would be required to monitor and enforce improper use of shared mobility devices. A large number of interdepartmental staff are currently dedicated to enforcing COVID-19 related regulations and have been actively assisting with Emergency Operations Center (EOC) activities.

Due to the unpredictability of the COVID-19 pandemic timeline and use of shared mobility devices, staff also recommends removing the sunset period/provision from the ordinance until City Council is ready to re-evaluate options for shared mobility in the City. The City Council can later reconsider this policy and, if such direction is taken in the future, consider amending the code accordingly.

The proposed ordinance will take effect 30 days after City Council adoption. The second reading for the proposed ordinance is scheduled for the December 1, 2020 City Council Formal Meeting.

Public Notice
Notices advising of the City Council’s review of the shared mobility ordinance at the November 17, 2020 Formal Meeting were emailed to community members and shared mobility company representatives that participated in previous shared mobility discussions.

Meeting Date: November 17, 2020

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Susan Healy Keene, AICP
Director of Community Development
Approved By

Beverly Hills City CouncilMarch 11, 2024

Beverly Hills City Council
March 11, 2024